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CC 1992 03-31 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 31, 1992 The March 31, 1992, regular meeting of the City Council of the City of Poway, was called to order at 7:02 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 Reba Wright-Quastler Steve Streeter David Narevsky Janis Acosta Garry MacPherson Wayne Gilbert City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Assistant Director of Planning Services Redevelopment Manager Management Analyst Battalion Chief Housing Coordinator PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PROCLAMATIONS Ao Mayor Goldsmith read a proclamation declaring April, 1992 as "California Earthquake Preparedness Month" and presented it to Garry MacPherson, Fire Battalion Chief for the City of Poway. Bo Mayor Goldsmith read a proclamation declaring April 5-11, 1992 as "Lions Club International Sight First Week" and presented it to Harvey Rose, Poway Lions. PRESENTATIONS Ao Dr. Bruce Tarzy, representing Poway Pony Colt League, introduced representatives from Coca-Cola Bottling Company of San Diego and the Amateur Athletic Foundation of Los Angeles who presented checks totaling $9,000 to the City Council for two electronic scoreboards at the Community Park ballfields. 4517 Page 2 - CITY OF POWAY - March 31, 1992 City Manager Bowersox announced the first employee suggestion awards given under the recently approved program: Bud Olivera, Public Works Inspector who received $350 for a project redesign that saved $40,000; Marie Lofton, City Clerk's Administrative Secretary, who received $75 for suggestion that all consultants be required to submit all reports in a format compatible with city computers; and Denise Sostrom who suggested benches and sand ashtrays at outside locations for the public and staff. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Councilmember McIntyre pulled Items 26, 30, 31, and 32 from the Consent Calendar. Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve the Consent Calendar as follows: 15. Approval of Minutes - City Council: March 10, 1992, Regular Meeting 17. Ratification of Warrant Register for March 12, 1992. (401-]0) 18. Approval of City's Investment Report for February 29, 1992. (408-01) 19. Approval of Amendment No. 2 to the agreement between the County of San Diego and the City of Poway for Public Transportation Services for 1990-91 through 1993-94, including an increase in the fare for airporter service from $15 to $16.50 effective July 1, 1992. (602-01, #35) 20. Adoption of Resolution No. 92-047, entitled, "A Resolution of the City of Poway, California, Approving a Cable Television Franchise Transfer from Southwestern Cable TV to Time Warner Entertainment Company, L.P. (TWE)." (602-01. #825) 21. Adoption of Resolution No. 92-048, entitled, "A Resolution of the City Council of the City of Poway, California Requesting Grant Funds Through the Transit Development Act and Transnet to Provide a Pedestrian Bridge Crossing over Poway Creek in the Poway Community Park, and Bike Lane and Street Improvements on Pomerado Road." (401-30) 22. Approval of a temporary sewer connection for 16334 Woodson View Road, Annette Arnold, applicant, subject to conditions. (1170-13) 23. Release of development agreement for Lot 106 in Parkway Business Centre, Abigayle Industrial Investors, Ltd., applicant. (602-01, #626) 24. Acceptance of public improvements and release of securities for Development Review 87-12, Argumedo Navarro, applicant; located south of Garden Road on Claire Drive. (602-01, #807) 4518 Page 3 - CITY OF POWAY - March 31, 1992 25. Acceptance of improvements for traffic signal synchronization, Phase I, from Steiny and Company, Inc. and authorization to record a Notice of Completion. (602-01, #885) 27. Authorization to notify local Senate delegation regarding support for AB 182 excluding any local agency that provided incidental solid waste handling services on or before January 1, 1990 from the definition of "responsible party" as it relates to hazardous substance liability. (701-11) 28. 29. 33. Authorization to notify the Assembly Water, Parks, and Wildlife Committee about the city's opposition to SB 959 which would establish the Safe Drinking Water, Fish, and Wildlife Act of 1992 and enact a surcharge on urban water retailers. (701-11) Authorization to notify the Senate Appropriations Committee about the City's opposition to AB 388 and the Assembly Ways and Means Committee about opposition to SB 730 which proposes that at least 50 percent of all persons employed by a local agency for public works projects must be California residents. (701-11) Authorization to notify the local Senate delegation about opposition to SB 1538 which would revise and expand the local agency meeting requirements of the Brown Act. (701-11) Motion carried unanimously. ITEM 6 (203-01) TENTATIVE TRACT MAP 85-03 REHEARING MINOR DEVELOPMENT REVIEW 91-55 APPLICANT: GILBERT & SHIRLEY VASQUEZ City Manager Bowersox stated that he understood the applicant will be requesting another continuance. Marty Bohl, 401 "B" Street, San Diego, representing Mr. Vasquez, requested a continuance to April 21, 1992. Motion by Councilmember Higginson, seconded by Councilmember Emery to continue consideration of this item to April 21, 1992. Motion carried unanimously. ITEM 7 (402-05) REVISING BUILDING PERMIT FEES Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. The Uniform Building Code contains a fee schedule for construction permits. A revised version of the UBC is adopted every three years and, in the past, the fee schedule was amended every other version. The fees were last amended in the 1985 UBC and due to an administrative oversight, the 1991UBC does not include a 4519 Page 4 - CITY OF POWAY - March 31, 1992 revised schedule. Procedural restraints prohibit publishing a new fee schedule as part of the UBC prior to the 1994 edition. Staff is recommending revisions with three factors: inflation of 20%, disabled access of 10% and energy compliance of 15%. The Construction Industry Federation has stated they will not oppose these increases. Mayor Goldsmith suggested this type of item should be considered as part of the budget process. Councilmember McIntyre suggested no action be taken until the fee analysis to be done by MSI is completed. Speaking in favor of staff recommendation: Dick Esgate, Esgil Corporation, City's contract building department. Following discussion, motion by Councilmember Snesko, seconded by Councilmember McIntyre to deny staff recommendation. Motion carried 3-2 with Councilmembers Emery and Higginson voting "no." ITEM 8 (701-04) ORDINANCE NO. 357 - OLD POMERADO ROAD SPEED LIMIT Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 357, "An Ordinance of the City of Poway, California, Establishing a Speed Limit of 35 MPH on old Pomerado Road from Pomerado Road to the Southern Terminus." Staff report by City Manager Bowersox. Staff was originally recommending a speed limit of 40 miles, however the residents have submitted additional information that has caused a revision to 35 miles per hour. There was no one present wishing to speak. Motion by Councilmember Emery, reading and continue to April unanimously. seconded by Councilmember Snesko to waive further 21, 1992 for second reading. Motion carried ITEM 9 (1601-11) POWAY ROYAL MOBILE PARK RENT INCREASE Staff report by City Manager Bowersox. In December, 1990, the City Council appointed Councilmembers Emery and Snesko to serve as a subcommittee for Poway Royal Mobile Home Park which the Redevelopment Agency purchased in January, 1991. Beginning in April, 1991, the subcommittee has met several times with the Park's Board of Directors to address their concerns, including a proposed annual 5% rent increase which was assumed in the financial projections done in connection with the Park's purchase. Following those meetings, the subcommittee is now recommending a 3.5% increase effective June 1, 1992 and a 5% increase effective January 1, 1993. 4520 Page 5 - CITY OF POWAY - March 31, 1992 Speaking in opposition to staff recommendation: David Rinaldo, 13035 Corona Way, President of the Park's Board of Directors requested either a decrease in present rents or no increase, stating that their rents are higher than the average. Connie Youngkin, 15341 Via Molinero Councilmembers Emery and Snesko stated they had believed the residents were in agreement with the proposal following the meetings. Councilmember McIntyre stated she would only support a 5% increase since that was the assumption that had always been used. Council discussed the financial implications of this decision. Motion by Councilmember Emery, seconded by Councilmember Snesko to implement a 3.6% increase effective June 1, 1992 and 5% effective January 1, 1993 and direct staff to explore all options for park purchase by the residents. Motion carried 3-2 with Councilmember McIntyre and Mayor Goldsmith voting "no." ITEM 14 (1180-05) RANCHO BERNARDO HIGH SCHOOL GRAD NIGHT DONATION Mayor Goldsmith stated this item would be taken out of order. Staff report by City Manager Bowersox. The Rancho Bernardo High School's Grad Night '92 Parents Committee has requested a donation. Because approximately 10% of the graduating class are Poway residents, staff recommends a $500 donation. Speaking in favor of staff recommendation: Pat Kumpan, 12920 Cree Drive Motion by Councilmember Emery, seconded by Councilmember Higginson, to donate $500 to Rancho Bernardo High School for 1992 Grad Night and schedule a proclamation for the June 9, 1992 agenda for "Grad Night Week." Motion carried unanimously. ITEM 10 (1180-10) PUBLIC SPONSORSHIP OF LANDSCAPED AREAS Staff report by City Manager Bowersox. At the January 23, 1992 City Council meeting, Councilmember Snesko requested staff develop a program to allow the public to sponsor landscaped areas in the City. Staff is recommending such a program. Motion by Councilmember Snesko, seconded by Councilmember Emery to approve a program to promote donation of funds for the maintenance of the city's landscaped areas and parks with sponsorship signs to be placed in those areas. The funding for this program would be in the 1992-93 budget. Motion carried unanimously. 4521 Page 6 - CITY OF POWAY - March 31, 1992 ITEM 11 (1130-01) VOLUNTEER RESERVE PARK RANGER PROGRAM Staff report by City Manager Bowersox. He cited the success of the Adopt-a-Park program and stated that at the February 25, 1992 City Council meeting, Councilmember Emery recommended that a volunteer park worker program be established. Staff will be presenting Junior Ranger and Volunteer Reserve Park Ranger programs to the City Council in the near future. Council suggested that an additional component for 14-18 year old be developed which can be advertised to Boy Scout Troops, and concurred to receive and file the report. ITEM 12 (1110-03R) BRIDGE AT COBBLESTONE CREEK ROAD Staff report by City Manager Bowersox. On March 10, 1992, Jack Mitchell, representing the Cobblestone Creek Road homeowners, requested the city participate in funding a bridge over Poway Creek. Staff recommends $41,000 from the Drainage Fund be used to initiate the design and environmental review, Redevelopment Agency funds be used to loan two-thirds of the cost to the residents for a five year term at 5% and the Drainage Fund provide the additional one-third cost, approximately $81,700. Councilmember Snesko suggested a longer loan period at 0% interest with the property owners paying the entire cost of the construction. It was pointed out that the amount of revenue lost through no interest loans would be close to the proposed Drainage Fund contribution. Speaking in favor of staff recommendation: Jack Mitchell, 13894 Putney Road, requested the owners' participation be capped at $150,000 Following discussion, motion by Councilmember Snesko that the city fund the study and loan 100% of the cost of bridge for 10 years at 0% interest. There was no second. Motion by Councilmember Higginson, seconded by Councilmember Emery that, subject to adoption of benefit resolutions, the Agency loan two-thirds of the cost for ten years at 5%. Motion failed 2-3 with Councilmembers McIntyre, Snesko and Mayor Goldsmith voting "no." Motion by Councilmember McIntyre, seconded by Councilmember Emery to adopt staff recommendation, subject to adoption of benefit resolutions. Motion carried 4-1 with Councilmember Snesko voting "no." 4522 Page 7 - CITY OF POWAY - March 31, 1992 ITEM 13 (1401-12) PEDESTRIAN ACCESS TO HILLEARY PARK Staff report by City Manager Bowersox. At the March 4, 1992 City Council meeting, Councilmember Snesko stated he had received a request from a citizen for pedestrian access across Rattlesnake Creek to Hilleary Park. Staff recommends stepping stones. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the installation of manufactured stepping stones for crossing Rattlesnake Creek and creating a pedestrian access to the existing foot path on the southwest corner of Hilleary Park. Motion carried unanimously. ITEM 26 (701-11) PENDING LEGISLATION/SALES TAX EXEMPTIONS Councilmember McIntyre stated she had pulled the pending legislation items from the Consent Calendar because of her concern over taking positions on legislation that might be advantageous to the city but not to the individual citizens and suggested the City Council discuss this issue. Mayor Goldsmith stated that since he is an announced candidate for State office he will abstain from taking a position on certain items of pending legislation. Councilmember Emery stated in an effort to make Poway the best city we can have, the Council needs to take positions advantageous to the city, not necessarily individual citizens. Motion by Councilmember Snesko, seconded by Councilmember Emery to support SB 177, sales tax exemption for snack foods, candy and bottled water. Motion carried unanimously. Motion by Councilmember McIntyre, seconded by Mayor Goldsmith, to support SB 267, sales tax exemption for newspapers and periodicals. Motion carried unanimously. Motion by Councilmember Higginson, seconded by Councilmember Emery, to oppose AB 2396, exemption of sales tax on fuel for ships that operate in interstate or foreign commerce, and ACA 37, prohibition of sales tax on food and alcoholic beverages. Motion carried 4-0 with Mayor Goldsmith abstaining. ITEM 30 (701-11) PENDING LEGISLATION/TERM LIMITS Councilmember McIntyre stated she had pulled this from the Consent Calendar because she is not in favor of the State legislature imposing limits on local elected officials, however she is in favor of citizens being able to impose term limits on their own public officials and suggested the Council take a position on SB 1298. Since this is not on the agenda, it will be brought back under Councilmember McIntyre's item. 4523 Page 8 - CITY OF POWAY - March 31, 1992 Motion by Councilmember Higginson, seconded by Councilmember McIntyre to oppose AB 2324, term limits for local elected officials. Motion carried 4-0 with Mayor Goldsmith abstaining. ITEM 31 701-11) PENDING LEGISLATION/PROPERTY TAXES Councilmember McIntyre stated she had pulled this from the Consent Calendar because she is unable to take a position without further information. Motion by Council- member Higginson, seconded by Councilmember Emery to support SB 71 which would require a "change of ownership" reassessment for single transfers of more than 50 percent of the voting stock or other ownership interest of a corporation, partner- ship or other legal entity of one or more persons. Motion carried 3-0 with Councilmember McIntyre and Mayor Goldsmith abstaining. ITEM 32 (701-11) PENDING LEGISLATION/HOUSING BOND ACT OF 1992 Councilmember McIntyre stated she had pulled this from the Consent Calendar because she is opposed to staff recommendation. Motion by Councilmember Snesko, seconded by Councilmember Emery to support SB 593 which would authorize a $325 million general obligation bond issue to finance various housing programs. Motion carried 3-1 with Councilmember McIntyre voting "no" and Mayor Goldsmith abstaining. Councilmember Higginson stated he will place an item on the agenda to discuss the issue of taking positions on pending legislation. ITEM 34 CITY MANAGER ITEMS A. City Manager Bowersox did not give a water conservation report. City Manager Bowersox announced that Nancy Ray, reporter for the Los Anqeles Times, has retired. City Manager Bowersox announced that the City will be entering into a long- term relationship with the Pasadena Playhouse for their use of the Poway Center for the Performing Arts for 18 weeks per year with 3 week runs of 6 different productions. They will also establish a mentor program at Poway High School. He commended Michael Putnam, Performing Arts Manager, and Tim McCarthy, Chairman of the ARTS ALIVE! Foundation for this arrangement. 4524 Page 9 - CITY OF POWAY - March 31, 1992 ITEM 35 CITY ATTORNEY ITEMS City Attorney Eckis requested a §54956.9(a), pending litigation, (Upton). closed session pursuant to Government Code San Diego v. Village and Country Properties MAYOR AND CITY COUNCIL-INITIATED ITEMS 36. 37A. 37B. 39. Councilmember Emery asked how the drainage problem on Budwin Lane will be resolved. Director of Engineering Services stated staff is working with the City Attorney's office to resolve the erosion coming from the Huntington Gate subdivision. Mayor Goldsmith asked about the status of the Haley Mobile Home Park residents relocation. Assistant City Manager Fitch distributed a time line and assured the City Council that staff is communicating with the residents regarding this project. Mayor Goldsmith stated he has been contacted by Mark Larabee, resident in the Old Pomerado Road area regarding the date and time of the workshop with the City Council. He will place this on the April 7 agenda to discuss. Councilmember McIntyre announced she will not be at the April 7 meeting when Council will meet with the Library Advisory Committee and the architect and stated the Committee will prepare a list of items for discussion and present it for the April 7 meeting. She also stated the Committee would like to submit articles for each issue of Poway Today regarding the library project. CLOSED SESSION Mayor Goldsmith called for a closed session at 10:30 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at 11:05 p.m. with all Council- members present, and stated the City Council has instructed the City Attorney during closed session. Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 11:06 p.m. sten, City Clerk 4525