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CC 1992 02-11 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 11, 1992 The February 11, 1992, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter David Narevsky Pamela Colby Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Redevelopment Manager Senior Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. EMPLOYEE SERVICE AWARDS Mayor Goldsmith presented 15 year service awards to Bob Siebenthaler, Code Compliance Officer, and Dan Cannon, Landscape Manager. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. Present to speak: Ricki Peitchel, 12881 Indian Trail, corrected a statement made at the February 4, 1992 City Council meeting regarding preaching Christianity in Israel on the streets. She stated it is permitted. Robert Hessler, 15497 Oakstand Court, stated the notice he had received for a public hearing to consider Tentative Parcel Map 91-04 did not mention any grading impacts. They are developing one of the lots and the level of the lot has been raised considerably in relation to his 4462 Page 2 - CITY OF POWAY - February 11, 1992 property. He has not been able to resolve this matter through staff and requested assistance from the City Council. City Manager Bowersox stated staff would report back in two weeks. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 14. Approval of Minutes - City Council: January 16, 1992, Adjourned Regular Meeting January 21, 1992, Regular Meeting 16. Ratification of Warrant Register for January 23, 1992. (401-10) 17. Approval of the exchange of salvaged traffic signal equipment to Signal Maintenance Inc., for the construction of twelve new traffic detector loops. (1162-01) 18. Receive and file Comprehensive Annual Financial Report for the year ending June 30, 1991. (406-02) 19. Adoption of Resolution No. 92-023, entitled, "A Resolution of the City Council of the City of Poway, California, Annexing Territory to the Sewer Improvement District of the City of Poway, Greene Annexation," 13983 Sagewood Drive, 275-794-22. (1170-11) 20. Adoption of Resolution No. 92-024, entitled, "A Resolution of the City Council of the City of Poway, California, Annexing Territory to the Sewer Improvement District of the City of Poway, Gravo Annexation," 16285 Orchard Bend Road, 275-720-28. (1170-11) 21. Adoption of Resolution No. 92-025, entitled, "A Resolution of the City Council of the City of Poway, California, Annexing Territory to the Sewer Improvement District of the City of Poway, Kiesel Annexation," 13260 Arroyo Vista Road, 275-520-17. (1170-11) 22. Adoption of Resolution No. 92-026, entitled, "A Resolution of the City Council of the City of Poway, California, Annexing Territory to the Sewer Improvement District of the City of Poway, Hesketh Annexation," 13568 Orchard Gate Road, 275-490-02. (1170-11) 23. Adoption of Resolution No. 92-027, entitled, "A Resolution of the City Council of the City of Poway, California, Annexing Territory to the Sewer Improvement District of the City of Poway, Bradbury Annexation," 15948 Lime Grove Road, 275-521-11. (1170-11) 24. Confirming the appointment of Dennis Masur as Chairman of the Performing Arts Advisory Committee. (701-09) 4463 Page 3 - CITY OF POWAY - February 11, 1992 ITEM 5 (701-04) ORDINANCE NO. 351 - FIRST READING STORM DRAIN UTILITY FEE Mayor Goldsmith read the title of Ordinance No. 351, "An Ordinance of the City of Poway Adding Chapter 16.74 to the Poway Municipal Code to Establish a Storm Drain Utility Fee." Staff report by City Manager Bowersox. The National Pollutant Discharge Elimination System requires management programs for the purpose of controlling pollutants in storm drain discharges. Staff is proposing collecting a fee on the water bill to pay for administering this program. Council questioned several aspects of the program and requested a report regarding what the engineer assigned to this program would be doing, whether this could be funded from reserves, whether the charge for large acreage is equitable, whether private enterprise could do the work required under the permit. Motion by Councilmember Higginson, seconded by Councilmember Emery to continue this item to March 10, 1992. Motion carried unanimously. ITEM 6 (203-01) TENTATIVE TRACT MAP 85-03 MODIFICATION 2 MINOR DEVELOPMENT REVIEW 91-55 APPLICANT: GILBERT & SHIRLEY VASQUEZ Mayor Goldsmith stated this item was continued from January 28, 1992 for a rehearing on the requirement for an Irrevocable Offer of Dedication for the open space easement to be granted with the modification of Tentative Tract Map 85-03. City Manager Bowersox stated City Attorney Eckis has prepared new suggested language for the easement and although his memo stated it is to appear on the face of the map, it would be in the form of an easement agreement with the owner. David Larkin, 2711 Hutchinson St., Vista, attorney for Mr. Vasquez, stated they had just received the new suggested language prior to the meeting and have not had a chance to review it. He requested a continuance. Motion by Councilmember Snesko, seconded by Mayor Goldsmith, to continue this item to February 25, 1992. Motion carried 4-1 with Councilmember Emery voting "no." 4464 Page 4 - CITY OF POWAY - February 11, 1992 ITEM 7 (1110-03R) ENVIRONMENTAL ASSESSMENT/PEDESTRIAN BRIDGE COMMUNITY ROAD AND SCOTS WAY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. A pedestrian bridge and connecting walkways between Community Road and Scots Way to facilitate children attending Midland School is a Redevelopment Agency capital improvement project and requires environmental review. Staff recommends issuance of a Negative Declaration. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and issue a Negative Declaration with mitigation measures on this project. Motion carried unanimously. ITEM 8 (701-04) ORDINANCE NO. 352 - FIRST READING - SPEED LIMITS STOWE DRIVE BETWEEN COMMUNITY AND POMERADO ROADS Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 352, "An Ordinance of the City of Poway, California Adding to Section 10.32.230 of the Poway Municipal Code Establishing Speed Limits on Stowe Drive Between Community Road and Pomerado Road." Staff report by City Manager Bowersox. This Ordinance establishes a 45 MPH speed limit. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to waive further reading and set second reading for February 25, 1992. Motion carried unanimously. ITEM 9 (701-09R) TENANT SELECTION CRITERIA - HALEY PARK ESTATES Staff report by City Manager Bowersox. There will be 15 vacancies in the new Haley Park following relocation of the present tenants of the Haley Park. The Redevelopment and Housing Advisory Committee has worked with staff to develop proposed tenant selection criteria and process. Following the current residents, first priority is proposed to be given to very low income Poway resident families who are not currently beneficiaries of any governmental housing assistance programs. Second priority is to low income Poway resident families. A second list will be established for filling vacancies for the handicap equipped units. The Legal Aid Society has submitted a letter requesting certain modifications and staff concurs with most of the suggestions. The criteria will be revised to favor families who are "beneficiaries of any governmental housing assistance that 4465 Page 5 - CITY OF POWAY - February 11, 1992 is due to terminate within the next 12 months." There are currently approxi- mately 300 names on a resource list that want to be considered for housing assistance and their eligibility will be verified under the criteria once adopted. Staff recommends approval of the criteria. City Attorney Eckis stated that the residency requirement in the criteria is unconstitutional and should be eliminated. Speaking in opposition to staff recommendation: Carol Long, 13001Bowron Road, stated she had put her name on the waiting list two years ago and felt it should be taken in current numerical order Following discussion, motion by Councilmember Emery, seconded by Mayor Goldsmith that the tenant criteria be approved without the residence requirement and that the initial selection process be by conducting a lottery for 30 names from the existing resource list to qualify for the available units. Motion carried unanimously. ITEM 10 (1170-10) HILLTOP CIRCLE SEWER Staff report by City Manager Bowersox. There are failing septic systems in the Hilltop Circle neighborhood and staff recommends a sewer system be installed to be paid for by the residents through a reimbursement agreement as they connect to the sewer main. Speaking in opposition to staff recommendation: Roberta Gibbens-Ellis, 15262 Hilltop Circle Stephen Dix, 15217 Hilltop Circle These two residents were speaking for several other residents who were present in the meeting and requested the Redevelopment Agency fund this project as it had in other areas of the City. City Manager Bowersox stated that although this property is not within the Redevelopment area, it is on the "master list" of projects proposed to be done during the life of the Redevelopment Agency which will be brought to the City Council in the near future. There is benefit to surrounding properties which are in the Redevelopment area of having this sewer installed. Councilmember McIntyre stated she feels the property owners should pay for a portion of the project. Mayor Goldsmith asked about obtaining an easement from the Charrons which the letter from their attorney indicates they are not willing to grant. He suggested that if the City Council agrees to fund the project with 4466 Page 6 - CITY OF POWAY - February 11, 1992 Redevelopment funds the easements should be obtained first. City Manager Bowersox noted that the Charrons had been connected to the sewer installed in the adjacent subdivision due to efforts by the city to solve their failing septic system problem. Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct staff to obtain the easements required for this project, prepare the necessary Benefit Resolutions and cost estimates of the project, and propose a loan program for the residents to use in paying for their connections to the sewer system. Motion carried 4-1 with Councilmember McIntyre voting "no." Scott Curtis, 15226 Hilltop Circle, stated he would be willing to grant an easement for the project. RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 9:00 p.m. and called the meeting back to order at 9:10 p.m. with all Councilmembers present. ITEM 13 (405-01, 602-01 #910-913, #568, #569) REFUNDING CERTIFICATES OF PARTICIPATION POINSETTIA MOBILEHOME PARK Mayor Goldsmith announced this item would be taken out of order. Councilmember Emery announced he would disqualify himself from this item. Staff report by Director of Planning Services Wright-Quastler. Under current market conditions the refunding Certificates of Participation can be marketed at an average interest rate of 6.5% to 6.75% as compared to the 8.31% rate the 1988 COPs now carry. This bond transaction will be completed only if interest rates remain low and there is positive benefit to the Agency. Motion by Councilmember McIntyre, seconded by Councilmember Snesko to adopt Resolution No. 92-028, entitled, "A Resolution of the City Council of the City of Poway Authorizing the Preparation and Sale of Not to Exceed $14,000,000 Principal Amount of Certificates of Participation and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith;" the Trust Agreement with Security Pacific National Bank and the Poway Redevelopment Agency; the amendment No. 1 to Trust Agreement dated May 1, 1988; Escrow Agreement with Security Pacific National Bank and the Poway Redevelopment Agency; Preliminary Official Statement; Bond Purchase Agreement with PainWebber, Inc; Lease Agreement with the Poway Redevelopment Agency; and Amended and Restated Lease Agreement." Motion carried 4-0 with Councilmember Emery disqualified. 4467 Page 7 - CITY OF POWAY - February 11, 1992 ITEM 11 (1110-02) CLOSURE OF PEDESTRIAN SIDEWALK Staff report by Director of Engineering Services Weston. The Traffic Safety Committee has reviewed pedestrian safety at the existing pedestrian walkway between Pomerado Road and Eisenhower Avenue near Vaughan Road and recommends the walkway be closed and children be directed to cross Pomerado Road at the Meadowbrook Lane traffic signal. He showed a video tape of students crossing Pomerado Road in an unsafe manner. Speaking in opposition to staff recommendation: James Hitchcock, 15948 Carriage Road Following discussion, motion by Councilmember Emery, seconded by Councilmember Higginson to approve staff recommendation, continue to monitor pedestrian activity at this location, and look at adding a signal to be used during school time only when signal synchronization is available on Pomerado Road. Motion carried unanimously. ITEM 12 (203-21) SPECIFIC PLAN 92-01 INITIATION OLD POMERADO ROAD Staff report by Director of Planning Services Wright-Quastler. During the City Council's consideration of General Plan Amendment 8g-O1A, staff recommended that the Old Pomerado Road corridor be studied further and is now recommending a specific plan be prepared. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-029, entitled, "A Resolution of Intent of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of the Old Pomerado Road Specific Plan 92-01 (SP 92-01)." Motion carried unanimously. ITEM 13.1 (1170-04) RESIDENTIAL RECYCLING Staff report by City Manager Bowersox. At the January 14, 1992 meeting, Council directed staff to schedule a public meeting to solicit citizen input on the curbside recycling options for recyclables and yard waste. Current negotiations with the haulers have resulted in four haulers agreeing to a three year amortization with a recycling component. Bay Cities has not agreed. Staff would recommend that at the end of the three years, one of the four haulers be awarded a franchise. Bay Cities could continue service until the end of the five year notice period at which time the franchise would become an exclusive franchise. 4468 Page 8 - CITY OF POWAY - February 11, 1992 Bob Hilton, City's consultant, reviewed their report and recommendations including the recyclables being collected weekly on a co-mingled basis and delivered to the Music Boosters for separation and sale. He also reviewed the proposed calendar with the education program beginning May 1, 1992, residential recycling and yard waste collection beginning July 1, 1992 and commercial recycling collection beginning July 1, 1993. Speaking in opposition to staff recommendation: James Hitchcock, 13948 Carriage Road, stated he is not in favor of a franchise. George Bagdasarian, 9640 Alto Drive, La Mesa, Speaking in favor of staff recommendation: Jeff Ritchie, P.O. Box 6907, San Marcos, Mashburn Sanitation. He requested they have the option of collecting separated recyclables in stack bins if there is not a processing site available in Poway John Baildon, 12709 Corte Rayito, Poway High Music Boosters Alan Purves, 8364 Clairemont Mesa Blvd., Laidlaw Waste System Council discussed delaying the greens collection program to try and site a facility where citizens could obtain mulch. Mayor Goldsmith expressed concern over limiting the bidding for a franchise to those who agree to the three year term. Motion by Councilmember McIntyre, seconded by Councilmember Higginson, to modify the refuse collection ordinance to provide recycling programs by July 1, 1992, and mandate residential recycling; to further discuss the start date for the yard- waste recycling program; to approve weekly curbside collection of residential co-mingled recyclables; give the flexibility for a hauler to use source separation if there is not a facility in Poway such as the Music Boosters to do the separating; give all haulers five years notice of the City's intent to franchise collection and recycling services; negotiate and execute settlement agreements with those permittees willing to consent to a three year noticing period; prior to the expiration of the noticing period, enter into negotiations with those permittees who entered into the settlement agreement; enter into an exclusive franchise agreement with one of the permittees with whom the City negotiated, by January 1, 1995. Motion carried 4-1 with Mayor Goldsmith voting "no." Council requested a report back in four weeks regarding the status of negotiations and the cost for the recycling program by the haulers. ITEM 13.2 (202-01) GOALS AND OBJECTIVES 91-92/92-93 Because of the lateness of the hour, motion by Councilmember McIntyre, seconded by Councilmember Higginson to continue this item to February 18, 1992. Motion carried unanimously. 4469 Page 9 - CITY OF POWAY - February 11, 1992 ITEM 25 CITY MANAGER ITEMS A) City Manager Bowersox stated the conservation efforts for the week and month are 13%, below our goal of 20%. B) City Manager Bowersox stated he had been given a clean bill of health by the doctor today. It has been two years since his surgery and there is no reoccurrence. ITEM 26 CITY ATTORNEY ITEMS B) City Attorney Eckis announced that the State Attorney General has determined that it is lawful for a City Council to settle litigation in closed session. B) City Attorney Eckis stated he is scheduling his analysis of Councilmember Snesko's letter on the February 18, 1992 agenda and it will be available in the City Clerk's Office on Friday afternoon. ADgOURNMENT Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., February 13, 1992. The time of adjournment was 11:20 p.m. Marjori~ lq. Wahlsten, City Clerk City ofkP. j>Way 4470 NOTICE NOTICE IS HEREBY GIVEN THAT THE FEBRUARY 11, 1992, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF AD~OURI~ENT Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned to 4:30 p,m,, Thursday, F~bru~r~ 13, 199~ in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:20 p.m. Marjor~e ~. Wahlsten, City Clerk City o~way, California February 12, 1992 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approxima- tely 10:00 a.m. Dated at Poway, California, on February 12, 1992 Marjori/e )~. Wahlsten, City Clerk City o~ay, California