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.
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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)
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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
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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.
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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.
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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."
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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.
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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.
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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
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