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CC 1992 04-21 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 21, 1992 The April 21, 1992, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Deputy Mayor McIntyre at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, COUNCILMEMBERS ABSENT AT ROLL CALL Jan Goldsmith {Mayor Goldsmith arrived at 7:35 p.m.} Don Higginson {Councilmember Higginson arrived at 7:07 p.m.) STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Janis Acosta City Manager City Clerk Assistant City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS (Councilmember Higginson entered the meeting.) Deputy Mayor McIntyre explained the procedure for Public Oral Communications. Present to speak were: Clara Harris, 7435 University Avenue #202, La Mesa, Chairman of the San Diego County Fair Housing Task Force, presented copy of the Draft Assessment of Impediments to Fair Housing Choice, and requested comments within two weeks. David Rinaldo, 13035 Corona Way, President of the Poway Royal Mobilehome Owners Association, requested the City give Community Pool passes to the residents of Poway Royal since their pools are currently being renovated. 4534 Page 2 - CITY OF POWAY - April 21, 1992 Assistant City Manager John Fitch responded that, although the contractor has until August to complete the work, it will be completed by mid-June. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 20. Approval of Minutes - City Council: March 24,1992, Regular Meeting March 31, 1992, Regular Meeting 22. Ratification of Warrant Registers - March 26, 30, April 2, 1992. (401-10) 23. Approval of parcel map for Tentative Parcel Map No. 90-04, acceptance of various easements, and adoption of Resolution No. 92-049, entitled, "A Resolution of the City Council of the City of Poway, State of California, Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-03B With Written Consent of All Property Owners," WalMart Stores. (203-02) 24. Adoption of Resolution No. 92-050, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing 'No Parking' Zones on Olive Grove Drive, Martincoit Road, Oak Knoll Road, and Summerfield Lane," to accommodate operation of new traffic signals. (1163-01) 24.1 Adoption of Resolution No. 92-051, entitled, "A Resolution of the City Council of the City of Poway, State of California, Determining that Purchase of Assessor Parcel Numbers 321-100-11, 12, 16 and 17 to be of Benefit to the Paguay Redevelopment Agency," authorizing expenditure of $390,000 for property in Rattlesnake Canyon as mitigation land for coastal sage and riparian oak habitat that will be impacted by construction of the South Poway Expressway. (1002-01R) 24.2 Adoption of Resolution No. 92-052, entitled, "A Resolution of the City Council of the City of Poway, Determining that the Acquisition of a Site and Construction of Improvements for a Public Library is of Benefit to the Paguay Redevelopment Agency." (1402-02) Motion carried 4-0 with Mayor Goldsmith absent. ITEM 4 (701-04) ORDINANCE NO. 353 - SECOND READING GRAFFITI REMOVAL AND REWARD PROGRAM Deputy Mayor McIntyre 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." 4535 Page 3 - CITY OF POWAY - April 21, 1992 Staff report by City Manager Bowersox. As requested by Council at the February 18, 1992 meeting, this ordinance was forwarded to the Chamber of Commerce for comments. They are in favor of the ordinance except the provision requiring the property owner to pay for removal. Council concurred that property owners are responsible for other things that occur on their property, such as illegal dumping and weed abatement. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery to waive further reading, close the public hearing and adopt Ordinance No. 353, and Resolution No. 92-053, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a Reward Program for Information Leading to the Conviction of Persons Applying Graffiti to Public or Private Property." Motion carried 4-0 with Mayor Goldsmith absent. ITEM 5 (701-04) ORDINANCE NO. 354 - SECOND READING SMOKING IN PUBLIC PLACES Deputy Mayor McIntyre 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. The second reading was continued to allow staff to gather additional information. Staff is still compiling information and recommends continuance to April 28, 1992. Speaking in opposition to staff recommendation: Sam Lodginski, Poway Fun Bowl, presented results of a survey showing the majority of their bowlers want smoking to be allowed in the bowling center. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue consideration of Ordinance No. 354 to April 28, 1992. Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 357 - SECOND READING SPEED LIMIT ON OLD POMERADO ROAD Deputy Mayor McIntyre read the title of Ordinance No. 357, "An Ordinance of the City of Poway, California, Adding to Section 10.32.230 of the Poway Municipal Code Establishing Speed Limits on Old Pomerado Road Between Pomerado Road and the Southern Terminus." Staff report by City Manager Bowersox. This Ordinance establishes a speed limit of 35 MPH on this road because of narrow unimproved shoulder conditions, high pedestrian activity day and night, and no sidewalks. There was no one present wishing to speak. 4536 Page 4 - CITY OF POWAY - April 21, 1992 Motion by Councilmember Emery, seconded by Councilmember Hi§§inson to waive further reading, close the public hearing and adopt Ordinance No. 357. Motion carried 4-0 with Mayor Goldsmith absent. ITEM 7 (203-01) TENTATIVE TRACT MAP 85-03 APPLICANT: GILBERT VASQUEZ City Manager Bowersox stated this matter is still being discussed by the applicant and the city, and staff recommends a two week continuance. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue consideration of Tentative Tract Map 85-03 Modification 2 to May 5, 1992. Motion carried 4-0 with Mayor Goldsmith absent. ITEM 8 (203-02) TENTATIVE PARCEL MAP 87-04TE(3) APPLICANT: JEFF CARROLL Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager Bowersox. This is a request for a third one-year time extension for Tentative Parcel Map 87-04 which subdivides 1.94 gross acres of land into three lots at the northeast corner of Chancellor Way and Adah Lane. This will be the final request for an extension and staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-92-16, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 87-04TE(3), Assessor's Parcel Number 323-262-09 and 10." Motion carried 4-0 with Mayor Goldsmith absent. ITEM 9 (203-08) CONDITIONAL USE PERMIT 92-02 APPLICANT: PALOMAR/POMERADO HEALTH SYSTEM Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager Bowersox. This is a request to utilize an existing modular building on the grounds of Pomerado Hospital to house a permanent Sexual Assault Response Team. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-92-16, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 92-02, Assessor's Parcel Number 275-461-04." Motion carried 4-0 with Mayor Goldsmith absent. 4537 Page 5 - CITY OF POWAY - April 21, 1992 ITEM 10 (701-04) ORDINANCE AMENDING MEETING START TIME Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager Bowersox. This Ordinance was noticed for public hearing in order to achieve a June 1 effective date, however, the Council's action on April 7 to delay this issue for further information has made this public hearing unnecessary. Motion by Councilmember Emery, seconded by Councilmember Higginson to remove this item from calendar. Motion carried 4-0 with Mayor Goldsmith absent. (Mayor Goldsmith arrived at 7:35 p.m.) ITEM 11 (701-04) ORDINANCE NO. 358 - FIRST READING COLLECTION OF DRAINAGE, PARK, AND TRAFFIC MITIGATION FEES Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 358, "An Ordinance of the City of Poway, California, Amending Sections of Titles 12, 15 and 16 of the Poway Municipal Code Concerning Payment of Drainage Fees, Park Fees and Traffic Mitigation Fees." Staff report by City Manager Bowersox. This Ordinance amends Chapters 12, 15 and 16 of the Poway Municipal Code regarding collection of those fees to clarify provisions as they pertain to additions to single family homes. If a property has paid fees, no additional fees will be collected for remodels. Staff proposes an addition to Section 15.06.050 to read "Construction of a new, an addition to, and/or reconstruction of a single family house that has at some time in the past paid a similar fee for traffic mitigation, park, or drainage;..." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember McIntyre to waive further reading and continue the public hearing to May 5, 1992 for second reading. Motion carried unanimously. ITEM 12 (202-01) CITY COUNCIL GOALS & OBJECTIVES Staff report by City Manager Bowersox. The list of goals developed from past sessions and the February 18, 1992 meeting have been formatted within the topic categories of budget, child care, community relations, customer service, economic development, housing, library, arks and recreation, public health and safety, public improvements, regional efforts, resource conservation, solid waste and recycling, technology, transportation, and water resources. The fiscal impact of each goal is listed. Staff recommends adoption. 4538 Page 6 - CITY OF POWAY - April 21, 1992 Councilmember McIntyre commended staff for the readable document and requested a cover sheet that would list just the goals without the detail. Mayor Goldsmith requested Goal 2, "Continue to Maintain Healthy Fiscal Reserves," be amended to reflect the actual reserves as they are today. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt the goals and objectives, as amended. Motion carried unanimously. ITEM 13 (1180-05) DONATION TO HIGH FIVE AMERICA Motion by Councilmember Emery to continue this item for two weeks in order to get more information about the organization. Motion seconded by Councilmember Snesko and carried unanimously. ITEM 14 (1401-13) SOUTH POWAY SPORTS PARK STATUS Staff report by City Manager Bowersox. Construction is scheduled to start on the South Poway Sports Park on August 1. In order to get teams on the fields as soon as possible, two fields will be constructed and seeded first, then work will continue on the buildings. This will enable the turf to be established on two fields and teams begin play as soon as the project is completed. Council concurred to receive and file the report. ITEM 15 (203-11) STATE REVIEW OF HOUSING ELEMENT Staff report by City Manager Bowersox. The State Department of Housing and Community Development (HCD) has notified the City that further revisions are needed to bring our Housing Element into compliance with State housing element law. Staff sees three alternative courses of action including amending the element, declining to amend the element and seeking declaratory relief. Staff recommends they draft amendments in response to HCD comments and schedule them for review in conjunction with the June General Plan amendments. Motion by Councilmember McIntyre to direct staff to bring the proposed amendments to the Council for review prior to setting a public hearing. Council will then determine which alternative course of action they desire to take. Motion seconded by Councilmember Emery and carried unanimously. 4539 Page 7 - CITY OF POWAY - April 21, 1992 ITEM 16 (205-04) STATUS OF GENERAL FUND BUDGET MID-YEAR BUDGET ADJUSTMENTS FOR 1991-92 Staff report by City Manager Bowersox. Council directed staff to bring back an updated report on the current year's budget in the third quarter. The previously forecasted general fund shortfall has been reduced from $575,660 to $228,930. Staff anticipates this will be further reduced before year end. The total reserves equal $34.6 million with $7.8 million in the general fund reserve. Staff recommends staff be directed to continue to achieve a balanced 1991-92 budget and, if necessary, apply prior year's surplus general fund revenues to any remaining shortfall and adopt the resolution approving mid-year budget amendments. Mayor Goldsmith requested a further update before the end of the fiscal year with decision regarding how to treat any shortfall made at that time. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-054, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Mid-year Budget Amendments for Fiscal Year 1991- 1992," and direct staff to give a further report before the end of the fiscal year. Motion carried unanimously. (Councilmember Snesko left the room.) ITEM 17 (1002-06) INTENTION TO VACATE SOUTHWEST CORNER OF SOUTH POWAY PARKWAY AND POMERADO ROAD Staff report by City Manager Bowersox. McMillin Communities has requested the City vacate a portion of Old Pomerado Road, Pomerado Road, and Creek Road in Lot 121, and a portion of Pomerado Road in Lot A of the proposed Rolling Hills Estates, TTM 88- 04. Staff recommends adoption of the Resolution of Intention setting a public hearing. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-055, entitled, "A Resolution of the City Council of the City of Poway, State of California, Declaring the Intention to Vacate Portions Old Pomerado Road, Creek Road, and Pomerado Road at the Southwest Corner of South Poway Parkway and Pomerado Road Intersection (Vacation 90-01)." Motion carried 4-0 with Councilmember Snesko out of the room. (Councilmember Snesko re-entered the meeting.) ITEM 18 (1163-01) LOADING ZONE AT TIERRA BONITA SCHOOL Staff report by City Manager Bowersox. To accommodate better passenger drop-off and pick-up in front of Tierra Bonita Elementary School, the Traffic Safety Committee recommends approval of forty additional feet of a time-restricted loading zone on Tierra Bonita Road along the northerly school frontage. 4540 Page 8 - CITY OF POWAY - April 21, 1992 Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-056, entitled, "A Resolution of the City Council of the City of Poway Establishing an Additional 'Loading' Zone on Tierra Bonita Road Northerly of Twin Peaks Road." Motion carried unanimously. ITEM 19 (203-21) INITIATION OF SPECIFIC PLAN AMENDMENT 84-01U Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a City-initiated request for a specific plan amendment which would give the City Council an option of reducing parking standards for large scale industrial buildings where owners agree to provide Transportation Demand Management measures in order to reduce parking needs. Although the staff report and resolution talk about buildings in excess of 150,000 square feet, staff would change that to 50,000 square feet. This could be applied to AnaComp, which is currently building in the South Poway Business Park. A public hearing to consider this specific plan amendment has been scheduled for April 28, 1992. Councilmember Emery expressed concerns regarding future changes in occupancies which would require more parking and requested staff give the Council criteria for them to use in evaluating the requests. Councilmember Higginson requested a list of businesses in South Poway by size of building and number of parking spaces. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-057, entitled, "A Resolution of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of an Amendment to the South Poway Specific Plan (SPA 84-01U)," amended to 50,000 square feet. Motion carried unanimously. ITEM 19.1 (1170-04) RECYCLING PROGRAM STATUS Item introduced by City Manager Bowersox. Staff report by Director of Public Services Archibald. The Board of Supervisors, on April 7, revised the compliance deadlines for the mandatory recycling ordinance. Our deadline is still September 1, 1992 for the single-family residential program, but penalties will not accrue until December 1, 1992. The deadline to begin yard waste recycling is April 1, 1994 and the multi-family and commercial is October 1, 1994. The City will implement an exclusive franchise on January 1, 1995 and staff suggests a waiver be requested from the County for those three components to January 1, 1995 because of our unique situation with multiple haulers. Motion by Councilmember Emery, seconded by Councilmember Snesko to set September 1, 1992 as the implementation date for single-family residential mandatory recycling and request a waiver from the County of San Diego to January 1, 1995 for yard, multiple-family and commercial waste recycling. Motion carried unanimously. 4541 Page 9 - CITY OF POWAY - April 21, 1992 ITEM 19.2 (203-08) ARCHERY RANGE FUNDING Staff report by City Manager Bowersox. Conditional Use Permit 91-01 was approved for an archery range on Lake Poway Road without city funding. A $5,000 grant was received from the Black Mountain Foundation to help fund construction. Rock blasting is necessary and additional funds are needed. Staff recommends a $7,000 loan to this project which will be paid back through a donation. Motion by Councilmember Snesko, seconded by Councilmember McIntyre to approve a $7,000 loan from the Unappropriated General Fund to the Archery Range Capital Improvement Project fund. Motion carried unanimously. ITEM 25 CITY MANAGER ITEMS City Manager Bowersox announced that a mountain lion has been sighted in the area below Twin Peaks Mountain, northwest of the intersection of Twin Peaks and Espola Roads and flyers are being distributed to residents to advise them to not leave pet food or small pets outside. MAYOR 27. 29. 31. AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery asked about cleaning up the weeds in front of the new condominiums on the west side of Midland Road at Scotts Way. Director of Planning Services Wright-Quastler stated they are in foreclosure and the city is looking at them as potential affordable housing units. Councilmember operational. 30 days. Higginson asked when the new traffic signals will be Director of Engineering Services Weston stated in approximately Councilmember Snesko asked if the city had any control over people soliciting money in shopping centers for various causes and cited a recent incident where the solicitors did not seem to be what they represented. City Manager Bowersox stated that these persons are required to get a solicitor's license from the city, however the Sheriff can do field investigations. Council concurred to so direct staff. Councilmember Snesko asked about proclaiming May 3-9 as anti-pornography week and stated he had some material he would get to staff. 4542 Page 10 - CITY OF POWAY - April 21, 1992 ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 8:50 p.m. Marjor/ie i~. Wahlsten, City Clerk City o~way 4543