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CC 1992 03-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR HEETING HARCH 3, 1992 The March 3, 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. COUNCILHEHBERS PRESENT AT ROLL CALL Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Dave Bliss Yolanda Collins David Narevsky Penny Riley 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 Sheriff's Captain Sheriff's Lieutenant Redevelopment Manager DART Coordinator Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 680 led the Pledge of Allegiance. PRESENTATIONS Mayor Goldsmith presented a Resolution of Appreciation and plaque to Rolla Williams, retiring outdoor sports writer for the San Diego Union, for his coverage of Lake Poway recreation area. B. Mayor Goldsmith did not receive his scrapbook for 1991. Mayor Goldsmith presented a plaque to Sheriff's Captain Dave Bliss who has been the Captain at the Poway sub-station for the past year and is being transferred to Special Investigations Division. He introduced Yolanda Collins who has been lieutenant at the Poway sub-station and is being promoted to Captain and will command the Poway sub-station, and Lt. Karen Axell who will be our lieutenant. 4487 Page 2 - CITY OF POWAY - March 3, 1992 PROCLAHATION Mayor Goldsmith proclaimed March as "Mental Retardation Month" and presented a proclamation to Deb Fuszara, program coordinator for the Association of Retarded Citizens. Ms. Fuszara presented the Council a box of chocolates made by ARC. PUBLIC ORAL COHHUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present to speak: 1. Randy Newhard, 7966 "C", Arjons Drive, San Diego, representing the California Landscape Contractors Association, presented information regarding water supplies and use. o Dawn Vladic, 17627 Frandoso Drive, San Diego, requested an extension of time for the Standard Agreement of Public Improvements for Tentative Map 88-07. City Attorney Eckis will report back in three to four weeks and staff will be instructed to take no final action on default of the agreement before that time. Bill Barnick, 14645 Sunrise Canyon Road, requested a list of proposed Redevelopment Agency projects; questioned why an architect is needed to remodel the Longs building for a library; suggested money not be spent on a wall for Poway Road but be directed towards additional water storage; buy property south of new LDS Church for a park using park dedication funds. Councilmember McIntyre invited Mr. Barnick to attend the Library Advisory Committee meeting on March 4, 1992. CONSENT CALENDAR Councilmember McIntyre pulled Items 18 and 19 from the Consent Calendar. Motion by Councilmember McIntyre, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council: February 11, 1992, Regular Meeting 13. Ratification of Warrant Register - February 13, 1992. (401-10) 14. Approval of Resolution No. 92-040, entitled, "A Resolution of the City Council of the City of Poway, California Establishing a No Parking Zone on Old Community Road from Aubrey Street to Norwalk Street." (1163-01) 15. Approval to submit letter of intent to purchase reclaimed water from the City of Escondido. (1170-08) 4488 Page 3 - CITY OF POWAY - March 3, 1992 16. Adoption of Resolution No. 92-041, entitled, "A Resolution of the City Council of the City of Poway, California Determining Certain Public Improvements to be of Benefit to the Paguay Redevelopment Project" for pool, spa, and wading pool resurfacing at Poway Royal and Poinsettia mobile home parks. (602-01, #162R) 17. Adoption of Resolution No. 92-042, entitled, "A Resolution of the City Council of the City of Poway, California Determining Certain Public Improvements to be of Benefit to the Paguay Redevelopment Project," for common area building roof repairs at Poway Royal Estates.(602-01, #163R) 20. Reduction of securities for Tentative Tract Map 89-15, The Palisades, Standard Pacific, applicant. (602-01, #837) 20.1 Allocation of $12,000 from the Park Improvement Fund Reserve to repair the support structure of the Lake Poway concession patio. (1401-02) Motion carried 4-0 with Councilmember Emery absent. ITEM 5 (1204-13) WATER SHORTAGE CONTINGENCY PLAN Staff report by Directors of Public Services Archibald and Administrative Services Stewart. The state requires that the city adopt a Water Shortage Contingency Plan in order to be eligible to receive drought assistance. It is an amendment to the Urban Water Management Plan which was adopted by the City Council on January 15, 1991. This item was continued at the request of the Green Valley Civic Association which raised several issues, including the use of 1989 as a base year and the inability to make adjustments based upon weather changes from one year to the next. They have suggested "water banking" for residential customers. Staff is concerned about the impact on Lake Poway if residential customers were allowed to use more water in the warm months to make up for any savings they experienced in the cool months. Staff also listed items that are in various stages of implementation to provide Poway with back-up water sources. Councilmember Snesko asked about the status of his request to look at drilling a well below Lake Poway. City Manager Bowersox stated staff is negotiating with Standard Pacific who owns rights to an existing well in the Blue Sky Ranch area. Councilmember McIntyre suggested that the seven-stage ordinance not be attached as Appendix A since it has not been adopted. Speaking in favor of staff recommendation: Lyle Arnold, 16624 Martincoit Road, representing the Green Valley Civic Association, recommended that the public be given a chance to voluntarily comply with any level of mandatory curtailment before penalties are applied. 4489 Page 4 - CITY OF POWAY - March 3, 1992 Ted Reynolds, 13266 Arroyo Vista, urged staff proceed with Rattlesnake Creek detention basin; desalination; grey water policy and joint venture with agriculture water users. He praised staff for the test well project. Motion by Councilmember McIntyre, seconded by Councilmember Hi§ginson to close the public hearing and adopt Resolution No. 92-043, entitled, "A Resolution of the City Council of the City of Poway, California Adopting Its Water shortage Contingency Plan," changing Appendix A to the current four-stage ordinance. Motion carried 4-0 with Councilmember Emery absent. ITEM 6 (701-04) ORDINANCE NO. 354- SECOND READING SMOKING IN PUBLIC AREAS Mayor Goldsmith 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." Staff report by City Manager Bowersox. This Ordinance revises the current smoking regulations and is in conformance with the City and County of San Diego. Staff recommends adoption. Speaking in opposition to staff recommendation: Vaughn Hapeman, 12941Poway Road, representing the Poway Fun Bowl, formerly Carriage Lanes, requested the Ordinance be amended to allow smoking in the concourse area of the bowling center. They currently have a no smoking area near the bowling lanes with smoking allowed on the concourse. This seems to be acceptable to both smokers and non- smokers. He cited the large number of bowlers who smoke and stated a ban would severely impact his business. City Attorney Eckis stated he understands some jurisdictions have modified their ordinance for bowling centers and the County and City of San Diego are not yet enforcing their ordinances in this regard. Councilmember McIntyre stated that we have been asked by the County Health Department to adopt this ordinance to be consistent with other jurisdictions in San Diego and since "sidestream" smoke is known to be a carcinogen she supports adoption of the ordinance as presented. Motion by Councilmember Higginson to adopt the ordinance with modification regarding the bowling center. Second by Councilmember Snesko. City Attorney Eckis stated this item should be continued since this constitutes a substantive change and recommended a three week continuance. Motion by Councilmember Higginson, seconded by Councilmember Snesko to continue the second reading of Ordinance No. 354 to March 24, 1992. Motion carried 3-1 with Councilmember McIntyre voting "no" and Councilmember Emery absent. 449O Page 5 - CITY OF POWAY - March 3, 1992 ITEM 7 (701-04) ORDINANCE NO. 355 - SECOND READING CITY COUNCIL PROCEDURES Mayor Goldsmith 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." There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Snesko to waive further reading, close the public hearing and adopt Ordinance No. 355. Motion carried unanimously on a roll call vote. (Councilmember Higginson left the room) ITEM 8 (203-08) CONDITIONAL USE PERMIT 91-16 APPLICANT: JAMES SMATHERS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate an Italian restaurant which will offer alcoholic beverages to diners in the Twin Peaks Plaza at 14771 Pomerado Road. Staff recommends approval, including that alcoholic drinks shall be served only during food service hours. There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Snesko to close the public hearing and adopt Planning Resolution No. P-92-10, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 91-16, Assessor's Parcel Number 314-710-32." Motion carried 3-0 with Councilmember Higginson out of the room and Councilmember Emery absent. ITEM 9 (1160-04) SPEED LIMIT ON BOWRON ROAD Staff report by Director of Engineering Services Weston. In response to a City Council direction, the Traffic Safety Committee has discussed a 15 mph speed limit on Bowron Road in front of Valley School and has determined that the existing 25 mph speed limit is reasonable and safe. Councilmember McIntyre stated she had spent an hour with Orval Hill on this corner observing traffic and had spoken with the principal at Valley School. She concurs with the Committee's determination. Council concurred to receive and file the report. 4491 Page 6 - CITY OF POWAY - March 3, 1992 ITEM 10 (601-06) POLICY RE BUYING LOCALLY Staff report by Director of Administrative Services Stewart. In response to Councilmember Snesko's request during the February 4, 1992 Council meeting, staff has prepared a report regarding the City's buying practices with local businesses. Resolution 224 was adopted in April, 1982 which set forth a policy of buying locally whenever possible. She cited staff's actions to encourage and solicit bids and proposals from local businesses. Speaking in favor of staff's recommendation: Norm Hosler, 14746 Dash Way and local business owner, suggested an analysis of the percentage of city dollars spent within the city limits among other things. Councilmember Snesko asked if the City can have a policy of buying locally if the local business is higher cost. City Attorney Eckis stated that 1% higher could be justified because that is the amount the city receives from sales tax revenue, however anything else would be a gift of public funds and prohibited. Mayor Goldsmith requested a status report in three months. Council concurred to receive and file the report. ITEM 10.1 (602-01, #161R) AWARD OF BID/POWAY ROAD WEST IMPROVEMENTS Staff report by Director of Engineering Services Weston. This item was continued from February 25, 1992 to answer questions regarding the location of the wall and the number of trees that will be removed. Director Weston showed where the wall would be placed in relationship to the existing fences and stated 36 trees will be removed, 36 trees will remain and 49 trees will be added on the north side of the road and 35 trees in the median areas. Staff recommends the bid be awarded. Speaking in favor of staff recommendation: Larry Harper, 11905 Allbrook Drive Frank Zemke, 11911Allbrook Drive Donald Sarrie, 11830 Allbrook Drive Councilmember Snesko stated he is disappointed that the wall will not follow the existing fence line. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to award the bid for street improvements on Poway Road from Oak Knoll to the West City Limits to Southland Paving, Inc in the amount of $1,035,205.52. Motion carried 3-1 with Councilmember Snesko voting "no." Councilmember McIntyre reiterated her 4492 Page 7 - CITY OF POWAY - March 3, 1992 concerns that she expressed when the project was originally approved but stated she can support this action since the City Council had already approved the project. ITEM 18 (602-01, #164R) REDEVELOPMENT PLAN AMENDMENT CONSULTANT Staff report by City Manager Bowersox. The Paguay Redevelopment Project Area was formed in 1983 and it is desirable to amend the area. Preparation of the amendment requires hiring a consultant and staff recommends an agreement with Rosenow Spevacek Group, Inc. in the amount of $75,000. Councilmember McIntyre pulled this from the Consent Calendar and asked if this contract, plus the contract with BSI for preparation of the list of proposed improvements, is the total cost for this update. City Manager Bowersox stated that there may be some legal fees from the Agency's attorney but they would not be significant. Motion by Councilmember McIntyre, seconded by Councilmember Higginson to approve the agreement with Rosenow Spevacek Group, Inc. for assistance with the First Amendment to the Paguay Project Area and appropriate $75,000 from the Redevelopment Agency's unappropriated fund balance. Motion carried 4-0 with Councilmember Emery absent. ITEM 19 (208-03R) RENT SUBSIDY PROGRAM/MOBILE HOME PARKS Staff report by City Manager Bowersox. When the Redevelopment Agency purchased the Poway Royal Estates it assumed an existing rental subsidy program for low income residents. It is recommended this program be expanded to include Poinsettia Mobile Home Parks, that the maximum subsidy be $75 per month except for four specific individuals currently receiving more. Councilmember McIntyre pulled this item from the Consent Calendar and asked if the 20% set aside low and moderate income funds could be used for this program. City Manager Bowersox reviewed the ways the program would have to be modified in order to use those funds and recommended the 80% funds be used. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to continue the rent subsidy program, as expanded, and appropriate $25,000 from the Redevelopment Agency's unappropriated fund balance , to be retroactive to February 1, 1992 for current recipients and March 1, 1992 for new eligible applicants. Motion carried 4-0 with Councilmember Emery absent. 4493 Page 8 - CITY OF POWAY - March 3, 1992 ITEM 21 CITY MANAGER ITEMS City Manager Bowersox stated the water conservation efforts for the week total 38% and 27% for the month. City Manager Bowersox announced that Assemblywoman Tricia Hunter has introduced AB 2707 which would modify the State's requirements for low and moderate income housing. ITEM 22A ( 602-01, #832) SETTLEMENT AGREEMENT IMPLEMENTATION BANK OF SAN DIEGO/SAN MARCOS DEVELOPMENT Staff report by City Attorney Eckis. In December, 1990 the lawsuit between the City and the Bank of San Diego reached a Settlement Agreement providing that the owner would retain one building lot on the northwest and southwest corners of Camino del Norte and Pomerado Road and deed the balance of those corners to the City as open space. In addition, the City would deed its property at 12324 Oak Knoll Road to the Bank of San Diego. All the pieces are in place except the parcel map on the southwest corner, however, the Bank has a buyer for the Oak Knoll Road property and is anxious to proceed. They are presenting a proposed lot configuration for approval in concept. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to continue this item to March 10, 1992 in order for a full Council to be present. City Attorney Eckis stated that since Councilmembers Snesko and McIntyre were not on the City Council when this lawsuit and its settlement were discussed, he will be available during the week to answer any of their questions. Motion carried 4-0 with Councilmember Emery absent. 22B. 22C. City Attorney Eckis requested a closed session pursuant to Government Code §54956.8 to instruct the City Manager as the City's negotiator regarding acquisition of real property with Michael Anderson, negotiator for Long's Drug Store. City Attorney Eckis announced he had received a copy of SB 1538 which proposes revisions to the Brown Act. MAYOR 24A. AND CITY COUNCIL-INITIATED ITEMS Mayor Goldsmith announced that Councilmember Higginson alternate to SANDAG, replacing Councilmember McIntyre. will be an 4494 Page 9 - CITY OF POWAY - March 3, 1992 248. 26. 27A. 278. Mayor Goldsmith announced that Joye Davission is the Friends of the Library nominee to the Library Advisory Committee, replacing Susan Sheldon. Councilmember McIntyre stated she has reviewed a copy of the Transportation Advisory Committee's agenda for the neighborhood meeting tomorrow evening regarding the opening of Alora Street and feels it does not address all the issues she raised at the City Council meeting of January 21, 1992. She will be attending the Library Advisory Committee meeting and will not be able to be at the TAC meeting. She requested staff review the minutes from that meeting and more completely address her concerns. Councilmember Snesko made a motion, seconded by Mayor Goldsmith, to direct staff to report on annexing property west of Highway 67 in the city's sphere of influence, including an assessment of the services currently being provided by the city to residents in that area, potential tax revenues, liabilities, potential development using city zoning, and also the potential of increasing the sphere of influence. Motion carried 4-0 with Councilmember Emery absent. Councilmember Snesko stated he had been contacted by residents regarding access to Hilleary Park from the west and suggested some type of pedestrian access. City Manager Bowersox stated he will report back regarding this item. CLOSED SESSION Mayor Goldsmith called for a closed session at 9:45 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at 10:10 p.m. and announced the City Council had instructed their negotiator during closed session. Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:11 p.m. Marjorie ~. Wahlsten, City Clerk City off, ay 4495