CC 1992 02-18 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR NEETING
FEBRUARY 18, lgg2
The February 18, 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
Bob Thomas
Mark Weston
Mark Sanchez
David Narevsky
Patrick Foley
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Safety Services
Redevelopment Manager
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. Present
to speak:
Bill Barnick, 14645 Sunrise Canyon Road, stated he is opposed to spending
redevelopment funds on bridges and sewer mains and walls before the
library is open and full of books. Projects that benefit only a small
number of citizens should be paid for by those citizens.
CONSENT CALENDAR
Mayor Goldsmith stated Item 25 has been pulled.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
12.
Approval of Minutes - City Council:
January 23, 1992, Adjourned Regular Meeting
January 28, 1992, Regular Meeting
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14. Ratification of Warrant Register - January 30, 1992.
(401-10)
15. Denial of claim for damages: Seyed Varshochi.
(704-13)
16. Removal from calendar of reduction of securities for TTM 84-08, The
Grove. (602-01, #560)
17.
Reduction of securities for TTM 83-04, Highlands Ranch, located north of
Espola Road at the terminus of Vista Lomas Drive. (602-01, #515)
18.
Acceptance of public improvements on South Poway Expressway between
Community Road and Stowe Drive in Parkway Business Center Unit 1 and
release of securities. {602-01, #792)
19.
Release of Reimbursement Agreement for Off-Site Sewer Main in Poway Road
in conjunction with TTM 4815; Poway Villas, developers of TTM 87-12,
Silverwood, applicant. (602-01, #754)
20.
Adoption of Resolution No. 92-030 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, Clements Annexation," 13015
Camino del Valle, 275-260-09. (1170-11)
21.
Adoption of Resolution No. 92-031 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, Zamora Annexation," 16027
Martincoit Road, 275-201-26. (1170-11)
22.
Adoption of Resolution No. 92-032 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, M &M Development Annexation,"
16330 Orchard Bend Road, 275-292-15. (1170-11)
23.
Adoption of Resolution No. 92-033. 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, Cottrell Annexation," 13450
Sagewood Drive, 275-332-14. (1170-11)
24.
Adoption of Resolution No. 92-034 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, Schweizer Annexation," 14906
Espola Road, 321-020-40. 1170-11)
25.1
Adoption of Resolution No. 92-035 entitled, "A Resolution of the City
Council of the City of Poway, California, Supporting the Committee to
Enact a Patriotic Alternative to Commercial Takeover of American Aircraft
Production and Maintenance (P.A.C.T.)." (1180-11)
Motion carried unanimously.
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ITEM 4 (701-04)
ORDINANCE NO. 353 - FIRST READING
GRAFFITI
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
353, "An Ordinance of the City Council of the City of Poway, California,
Establishing Chapter 9.56 of the Poway Municipal Code Relating to Graffiti."
Staff report by City Manager Bowersox. The City Attorney has prepared an
ordinance in response to Council direction which prohibits graffiti, requires
removal, and establishes a program to accomplish removal. There is also a
proposed resolution establishing a reward program for information leading to the
conviction of persons applying graffiti.
Councilmember McIntyre asked about a provision in the resolution to recover the
cost of any reward from the person convicted. City Attorney Eckis replied that
this would be done as a condition of probation but a policy statement could be
added.
Councilmember McIntyre also requested that this item be referred to the Chamber
of Commerce for their review prior to second reading.
There was no one present wishing to speak.
Motion by Councilmember McIntyre, seconded by Councilmember Emery, to waive
further reading and set second reading for April 14, 1992 with staff directed to
refer to the Chamber of Commerce and revise the resolution to provide for
recovery of reward costs. Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 354 - FIRST READING
SMOKING IN PUBLIC AREAS
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
354, "An Ordinance of the City of Poway, California, Revising Chapter 8.04 of the
Poway Municipal Code Relating to Smoking in Certain Public Areas."
Item introduced by City Manager Bowersox. This is being done in response to a
request from the County to have uniform smoking restrictions throughout the
County. Staff report by City Attorney Eckis. He reviewed the proposed changes
with the Council.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to waive
further reading and set second reading for March 3, 1992. Motion carried
unanimously.
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ITEM 6 (701-04)
ORDINANCE NO. 355 - FIRST READING
CITY COUNCIL PROCEDURES
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
355, "An Ordinance of the City of Poway, California, Revising Chapter 2.18 of the
Poway Municipal Code Relating to City Council Procedures."
Staff report by City Attorney Eckis. This proposed ordinance was presented to
the City Council on January 21, 1992 for review. As directed, the Public Oral
Communications section of the agenda remains at the beginning of the meeting
rather than being moved to a later portion. Certain portions of this ordinance
will be applicable to the Council-appointed Committees.
Mayor Goldsmith asked the Council to think about starting the meeting at 6 p.m.
to take care of routine business, with public hearing beginning at 7 p.m. He
will place it under his item on a future agenda for discussion.
There was no one present wishing to speak.
Motion by Councilmember Emery,
further reading and set second
unanimously.
seconded by Councilmember Higginson to waive
reading for March 3, 1992. Motion carried
ITEM 7 (102-05)
AWARDING BIDS TO CONTRACTORS - POLICY
Staff report by City Manager Bowersox. AB 800 went into effect January 1, 1992
which requires public agencies to verify that contractors are properly licensed
at the time the contractor submits a bid. In addition, the city received a
complaint from Motivational Systems, Inc. regarding the city's bid award to
SunCal Outdoor Advertising for a new kiosk sign program since Motivational
Systems is a licensed contractor and SunCal is not. The City Attorney opined
that the call for bids did not specify a licensed contractor. Staff recommends
adoption of a policy to verify the contractor license status at the time bids are
received. In addition, he corrected the staff report that indicated Motivational
Systems did not file their complaint in a timely manner when, in fact, they did.
Also, staff had determined that SunCal did not require an encroachment permit to
install the signs, when, in fact, they did, although it is not necessary to be
a contractor to obtain an encroachment permit.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-036, entitled, "A Resolution of the City Council of the City
of Poway, California, Establishing Criteria for Awarding Contracts to Licensed
and Unlicensed Contractors." Motion carried unanimously.
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ITEM 8 (702-12)
ASPHALT PLANTS ON THE BALLOT
Staff report by City Attorney Eckis. In response to a Council query following
denial of CalMat's request for an asphalt plant, a memorandum was given to the
City Council concluding that under current law an asphalt plant prohibition could
be the subject of a Council-sponsored initiative measure but not making that
recommendation. On January 21, 1992, a citizen asked the City Council about this
issue and the memorandum is presented for the public's information.
Council concurred to receive and file this report.
ITEM 9 (1401-00)
LIONS CLUB FEES FOR COMMUNITY CENTER USE
Staff report by City Manager Bowersox. At the January 21, 1992 meeting, the
City Council approved a permanent fee of $30 for the Lions Club use of the
Community Center for their annual pancake breakfast during Community Days. This
action means the Lions Club will be charged less than other nonprofit groups for
fund-raising activities at the Community Center and less than other nonprofit
Community Day food booths.
Council concurred to receive and file this report.
ITEM 10 (lllO-03R)
PEDESTRIAN BRIDGE -ARMY CORPS OF ENGINEERS
Staff report by City Manager Bowersox. On January 28, 1992, City Council
directed staff to budget the construction of a pedestrian bridge over Poway Creek
at Community Park. A citizen suggested the Army Corps of Engineers be contacted
regarding building the bridge. Staff contacted two Seebee units for information
and learned that due to budget constraints an assistance program is no longer
available.
Jim Francis, 14623 Sunrise Canyon Road, expressed opposition to public funds
being spent to benefit a few people and suggested the neighborhood pay for their
own benefits.
Council concurred to receive and file the report.
ITEM 11 (602-01, #93R)
OWNER PARTICIPATION AGREEMENT AMENDMENT
ADI PROPERTIES, INC. - CREEKSIDE PLAZA
Staff report by City Manager Bowersox. On June 13, 1989, the Poway Redevelopment
Agency approved an Owner Participation Agreement with ADI Properties, Inc. for
the development of a 17 acre commercial site located on the south side of Poway
Road between Community Road and Midland Road. There are extensive public
improvements required beyond those anticipated when the original agreement was
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developed and staff recommends amending the OPA to provide for a Redevelopment
Agency contribution of $1,495,036.
Motion by Councilmember Higginson to adopt staff recommendation. There was no
second.
Council discussed the amount of the Agency's contribution and the revenue that
would accrue from the project.
Speaking in favor of staff's recommendation:
Rex Brown, 12255 Parkway Centre Drive, ADI Properties, Inc.
Motion by Councilmember McIntyre to authorize Agency participation up to $1.165
million which would not include compensation for the right of way. Motion
seconded by Councilmember Emery. Before voting, Councilmember McIntyre withdrew
her motion, but the second did not agree. The motion failed 1-4 with
Councilmember Emery voting "yes."
Motion by Councilmember McIntyre, seconded by Councilmember Higginson to adopt
Resolution No. 92-037, entitled, "A Resolution of the City Council of the City
of Poway, California Approving a First Amendment to the Owner Participation
Agreement by and between the Poway Redevelopment Agency and ADI Properties, Inc."
with the contribution to be $1.3 million and the scope of development be amended
to include the public plaza, amphitheater, community room, creek walk, boardwalk
and veterans memorial area. Motion carried 4-1 with Councilmember Emery voting
"no."
ITEM 11.1 (203-08)
VISTA VIEW DRIVE ENTRY FEATURE
Staff report by City Manager Bowersox. On January 7, 1992 the City Council
approved Conditional Use Permit 91-10 for Richardson Pontiac at the southwest
corner of Vista View Drive and Poway Road. A resident of Vista View Drive
requested a delineation marker at the point the Pontiac improvements on Vista
View end and their private road begins. Staff has prepared a preliminary design
and Mr. Richardson has agreed to pay for the wall construction.
Speaking in favor of staff recommendation:
Philip Giesing, 13801Poway Road
Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the
design and requested staff work with the neighbors regarding maintenance issues.
Motion carried unanimously.
ITEM 11.2 (202-01)
COUNCIL GOALS & OBJECTIVES
City Manager Bowersox gave an overview of the process normally followed whereby
the Council presents their goals, staff then prepares a report giving cost and
time frames and brings it back for Council review.
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Councilmember McIntyre suggested the goals be grouped by subject and correlated
to the General Plan Elements. She also requested the Council be able to add to
the list on an on-going basis.
Mayor Goldsmith reviewed his goals which were submitted in a memo to the City
Council.
Councilmember Higginson requested Public Information Study be deleted from the
current list of goals. He requested increased emphasis on police protection;
ensuring adequate land is available for child care facilities; and a Youth
Advisory sub-committee of the Parks & Recreation Committee.
Councilmember Emery requested that the old goals stay on the list until they are
completed and that an "Adopt a Park" program be instituted at the neighborhood
parks.
Councilmember McIntyre listed her goals, including: first improving city/citizen
communications by 1) odd-year citizen survey; 2) quarterly Town Hall meetings;
3) informal brochure to explain Council meeting procedures; 4) develop a list of
organizations and neighborhoods to receive agenda items; 5) speakers bureau of
staff members; and 6) 24 hour electronic city hall. Secondly, she suggested the
formation of a Technology Task Force, looking at technology as infrastructure and
including a technology goal in the General Plan. Third was to encourage
volunteerism; fourth to strengthen the emergency plan for personal and family
emergency preparation; fifth to increase recreational and educational
opportunities including acquisition of land for a soccer park; and sixth to
continue efforts to locate a manufacturer's outlet center in South Poway.
ITEM 11.3 (205-04R)
1991-92 BUDGET REVISIONS
Staff report by City Manager Bowersox. Since the Redevelopment Agency adopted
the budget, amendments have become necessary to the work program including new
projects, deferral of projects, additional funding for ongoing projects and
litigation settlements.
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve the
amended expenditures and revenues/sources of funds for fiscal year 1991-92.
Motion carried unanimously.
ITEM 11.4 (1207-01)
TRANSIT SERVICE ALTERNATIVES
Item introduced by City Manager Bowersox. Staff report by Director of Community
Services Thomas. Based on SANDAG's projections, Poway's Transportation
Development Act (TDA) funds will drop approximately $200,000 in 1992-93. Staff
has prepared three alternatives for transit service and recommends Alternative
3 which is a combination of selected service reductions coupled with the use of
some of our unallocated TDA reserve to continue certain existing services.
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Ken Karnes, County staff, answered Council questions regarding the funding for
Dial-a-Ride and Call-a-Ride; status of a fueling facility for compressed natural
gas (CNG) vehicles; and whether the cost of new buses is justified for a two year
period.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt staff
recommendation with Call-a-Ride service available to seniors and disabled on
Saturdays in the form of Dial-A-Ride. Motion carried unanimously.
ITEM 26
CITY MANAGER ITEMS
City Manager Bowersox did not have a water conservation report.
ITEM 27
CITY ATTORNEY ITEMS
A)
City Attorney Eckis presented his analysis of the legal issues raised by
Councilmember Snesko's letter to local pastors dated January 22, 1992 as
requested by Council. He stated he did not conduct an investigation but
relied solely on the facts presented at the Council meeting and the letter
itself. The Council's intent in allowing Councilmember Snesko to have his
own letterhead and Councilmember Snesko's intent when sending the letter
are irrelevant. What is relevant is the appearance. He concludes that
the letter violates the "no preference" clause of the California
Constitution but, by itself, does not subject the City to financial
liability and recommends that the Council adopt a formal policy
restricting the use of letterhead prominently bearing the City name and
seal.
Speaking in favor of staff's recommendation:
Mary Pomerene, 15042 Amso St., representing the Chalice
Unitarian Universalist Church
Speaking in opposition to staff's recommendation:
Sam Wilson, 13724 Hilleary Place, Apt. 103
Following discussion, motion by Councilmember Emery, seconded by
Councilmember Higginson, to adopt the following policy:
1. No public official or employee of the City of Poway shall express on
behalf of the City, directly or indirectly, a City preference for any
religious sect or belief in violation of the Constitution of the United
States or the Constitution of the State of California.
2. No communication by any public official or employee of the City of
Poway shall be published or delivered which bears the City seal or the
name of the City in such a way as appears to suggest City endorsement of
religious preference in violation of the Constitution of the United States
or the Constitution of the State of California.
Motion carried 4-1 with Councilmember Snesko voting "no."
(701-01)
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B)
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.8 to instruct the City Manager, the city negotiator, regarding
acquisition of real property, Long's Drug Store. Mayor Goldsmith
adjourned the meeting into closed session at 9:50 p.m.
CALL TO ORDER AND ADJOURNHENT
Mayor Goldsmith called the meeting back to order at 10:20 p.m., announced that
the City Council had instructed their negotiator and adjourned the meeting on
motion by Councilmember Emery, seconded by Councilmember Higginson. The time of
adjournment was 10:21 p.m.
Marjor~e 1~. a sten, City Clerk
City of~._~way
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