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
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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)
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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."
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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
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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
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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.
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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.
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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.
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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
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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