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CC 1992 04-28 CiTY OF POUAY, CALiFORNiA OF THE CiTY COkelCIL REGULAR APRIL 26, 1992 The April 28, 1992, regular meeting of the City Council of the City of Poway was called to order at 7:03 p.m. by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUI~IL#EI~ERSA~WERII~ROLLCALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUI~IL#ENBERSABSEHTATROLLCALL Don Higginson (Councilmember Higglnson arrived at 7:06 p.m.) STAFF NEI~E~$ PRESEHT James Bowersox Steve Eckis John Fitch Alan Archibald Mark Sanchez Peggy Stewart Reba Wright-Quastler Mark Weston Penny Riley Janis Acosta Nancy Neufeld City Manager City Attorney Assistant City Manager Director of Public Services Director of Safety Services Director of Administrative Services Director of Planning Services Director of Engineering Services DART Program Coordinator Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. Mayor Goldsmith read a proclamation declaring May, 1992 as "Water Awareness Month" and the week of May 3-9, 1992 as "Drinking Water Week" and presented it to Penny Riley, DART Program Coordinator for the City of Poway. PUBLIC ~AL CQNI~INI~TI~$ Mayor Goldsmith explained the procedure for Public Oral Communications. Kathy Ries, 13530 Old Winery Road; Susan Callery, 13065 Edina Way, Community Protection Chairperson for the Green Valley Civic Association; and DeAnne Erickson, 15051 Vali Hal Road, expressed appreciation to the City and Code Compliance Officer Siebenthaler for the recent cleanup of the migrant encampments behind Lomas Verdes Estates. 4544 Page 2 - CITY OF PONAY - Apr11 28, 1992 CONSENT CALENDAR City Attorney Eckis stated he was disqualifying himself from Item 20. Councilmember McIntyre stated she was voting "no" on Item 20. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 12. Approval of Minutes - City Council: April 7, 1992 - Regular Meeting April 9, 1992 - Adjourned Regular Meeting 14. Ratification of Warrant Register - April 9, 1992. (401-10) 15. Approval of City's Investment Report: March 31, 1992. (408-01) 16. Receive and file report regarding semi-annual review of Conditional Use Permit 90-11, Future Farmers of America animal facility on .35 acres located southwest of the Lake Poway Park area, showing no complaints received. (203-08) 17. Adoption of Resolution No. 92-058, entitled, "A Resolution of the City Council of the City of Poway, California, Approving and Authorizing the City of Poway as a Signatory Agency to the Memorandum of Understanding for Inter-Agency Trail Coordination. {602-01 #929) 18. Approval of Iron Mountain Trail easement acquisition agreement between the City of Poway and Poway Development Co., Ltd., authorizing payment of $6,500. (602-01 #930) 20. Adoption of Resolution No. 92-059 entitled, "A Resolution of the City Council of the City of Poway, California, Petitioning the Fourth District Court of Appeal to Permit the County of San Diego to Use Approximately $340 Million in Sales Tax Revenue Collected Pursuant to Proposition A." {701-11) Motion carried unanimously, except for Item 2D which carried 4-1 with Council- member McIntyre voting "no" and City Attorney Eckis disqualifying himself. ITEM 5 (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 public hearing was continued from April 21, 1992 in order allow additional time to compile information regarding impacts of smoking regulations in other jurisdictions. The proposed ordinance contains the revision from March 3, 1992, to allow smoking in the concourse area of bowling centers. Removal of this exemption would not require a continuance of the second reading. 4545 Page 3 - CITY OF POWAY - April 28, 1992 Vaughn Hapeman, 12941Poway Road, representing Poway Fun Bowl, stated the exemp- tion is needed for the retention of league bowlers, and stated the coF~,unities. without smoking regulations would draw bowlers from the center if the exemption was not allowed. Jimmm.y Anvar, 12941Poway Road, representing Poway Fun Bowl, stated a prohibition against smoking would adversely affect his business. Sam Lodginski, Poway Fun Bowl, stated that the majority of league bowlers want smoking to be allowed in the concourse area. Otto Corsini, 12408 Green East Road, San Diego, requested the exemption not be allowed. Virginia Hargarten, 13622 Orchard Gate Road, stated she is a non-smoker and a bowler and feels the new owners are making an effort to improve the bowling center. Councilmember Snesko stated he was in favor of allowing an exemption for the bowling center until January 1, 1993, and during this time challenge all the cities in the county to go smoke-free by January 1st. Councllmember McIntyre stated that in order to reach other areas of the bowling center you must pass through the concourse area, and since "sldestream" smoke is considered a carcinogen, she cannot support an exemption. She stated that we need to be consistent with other Jurisdictions and the proposal by the San Diego County Health Department. Motion by Councllmember McIntyre, seconded by Councilmember Emery, to close the public hearing and waive further reading of Ordinance No. 354. Motion carried unanimously. Motion by Councilmember McIntyre, seconded by Councilmember Emery, to adopt Ordinance No. 354 as revised deleting Section 8.04.0gOF, exemption for bowling centers. Motion carried 3-2 on a roll call vote, with Councilmember Snesko and Mayor Goldsmith voting "no." Following discussion, motion by Councilmember Snesko, seconded by Mayor Goldsmith, to propose to SANDAG by September 1, 1992, a general policy for all jurisdictions to enact smoke-free regulations for all public areas. Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 359 - FIRST READING COLLECTION OF SOLID WASTE, GREEN WASTE AND RECYLABLE MATERIALS Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 359, "An Ordinance of the City of Poway, California, Rescinding Chapter 8.68 of the Poway Municipal Code and Establishing a New Chapter 8.68 of the Poway Municipal Code Regulating Solid Waste, Green Waste, and Recyclable Material Collection." 4546 Page 4 - CITY OF POWAY - Apr1] 28, 1992 Item introduced by City Manager Bowersox. Staff report by Director of Public Services Archibald. This Ordinance replaces the existing solid waste management Ordinance in order to comply with AB 939, Integrated Waste Mangement Act of 1989. The City's licensed refuse haulers will be required to implement recycling and yard waste collection programs as a condition of license approval. Single-family residences will be required to separate their recyclables from the solid waste and be asked to separate yard waste. The deadline for beginning the residential curbside recycling program has been moved from July i to September 1, 1992, pursuant to Council's direction at the April 21, 1992 meeting. Staff is also pursuing a waiver from the County of San Diego for the implementation date of yard, multiple-family and commercial waste recycling from October 1, 1994 to January 1, 1995, to coincide with the start of our franchise. Mr. Archibald also reported that four of the five existing haulers have agreed to the settlement agreement for the three-year amortization period and that the fifth is expected soon. Bob Hilton, of Hilton, Farnkopf & Hobson, outlined the provisions of the pro- posed Ordinance and stated that it is based upon the current hauler permit system that will be replaced with a franchise system by January 1, 1995. A new Ordinance will be adopted at that time. James Mashburn, Mashburn Sanitation, 7145 Via Mariposa Sur, Bonsall, protested the requirement for permittees to submit annual financial statements. City Manager Bowersox stated that staff recommendation includes eliminating Section 8.68.270 regarding annual financial statements. John Baildon, 12709 Corte Rayito, Chairman of the Music Boosters Recycling Committee, reviewed the renovations proposed for their Garden Road location. Motion by Councllmember Emery, seconded by Councilmember Snesko, to waive further reading of Ordinance No. 359, and continue the public hearing to May 12, 1992, for second reading. Motion carried unanimously. ITEM 7 (203-21) SPECIFIC PLAN AMENDMENT 84-01U/ DEVELOPMENT REVIEW 90-18M APPLICANT: MISSION-DAI/ANACOMP Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a City-initiated request to amend the South Poway Specific Plan to allow the City Council on a case-by-case basis to reduce the parking standards for large scale industrial buildings. Owners would be required to demonstrate that one of three conditions has been met: 1} the company has an approved Transportation Demand Management Plan in effect; 2) the building is designed as storage and distribution and a deed coveant is recorded limiting the site to warehouse/ distribution use; or 3) adequate land is available on site to provide the full amount of parking required by code should future land use result in a shortage. This application also includes a request to modify the Development Review for the previously approved Anacomp building located at 12365 Crosthwaite Circle by 4547 Page 5 - CITY OF POWAY - Aprll 28, 1992 addlng 23,558 square feet to the mezzanine area. Anacomp w111 be requlred to provlde 773 parklng spaces which represents a reduction of approximately 33 percent less than current standards. The applicant w111 be Implementing thelr Transportatlon Demand Management Plan which encourages employees to rldeshare and utilize public transit. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councllmember McIntyre, to close the public hearing, adopt Resolutlon No. 92-060 entitled, "A Resolution of the City Counctl of the City of Poway, California, Approving Specific Plan Amendment 84-01U, Assessor's Parcel Numbers 317-280-43, 44, 46," and Resolution No. P-92-17 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 90-18M, Assessor's Parcel Numbers 317-280-43, 44, and 46." Motion carried unanimously. ITEM 8 (1170-08) STATUS RE: PURCHASE OF RECLAIMED WATER FROM CITY OF ESCONDIDO Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. The City of Escondido is designing a reclaimed water distribution system and upgrading the Hale Avenue Treatment Plant. The reclaimed water produced from the plant will be sold and delivered through Escondido's distribution pipeline system. Pursuant to Council's direction at the December 10, 1991 meeting, staff has been conducting a Preliminary Master Plan Study and holding initial discussions to evaluate the purchase of reclaimed water for irrigation demands in north Poway. The results of the preliminary Master Plan indicate that purchasing reclaimed water from the City of Escondido is a cost-competitive step. Staff recommends the following steps be taken: finalize the Master Plan; initiate an Environmental Impact Report for the distribution system; develop draft agreements with the City of Escondido, the City of San Diego, and the County Water Authority for the purchase and transmission of reclaimed water; investigate low interest loans through the State Revolving Fund; submit permit applications to the Regional Water Quality Control Board; authorize the use of $120,000 of budgeted funds for the water reclamation project to complete this work; and approval of benefit resolutions. Council discussion included ensuring that the costs for purchasing reclaimed water from the City of Escondido do not exceed the current market rates for treated water. Jerry Hargarten, 13622 Orchard Gate Road, suggested language be included in the preliminary intent to purchase contract that our price will be no higher than another customer who buys equal or smaller quantities. City Engineer Weston stated that the capital and operational costs of the deli- very of reclaimed water will be more easily identified at the time of completion of the Environmental Impact Report and Final Master Plan. 4548 Page 6 - CITY OF POWAY - Apr11 28, 1992 Motion by Councllmember Emery, seconded by Counctlmember Hlgglnson, to approve staff recommendation and adopt Resolution No. 92-061 entitled, "A Resolutlon of the Clty Council of the City of Poway, California, Oetermlnlng that the Planning and Environmental Review for a Reclaimed Water System in North Poway to be of Beneflt to the Paguay Redevelopment Agency." Motlon carrted unanimously. ITEM 9 (602-01 #928) AGREEMENT WITH RAMONA MUNICIPAL WATER DISTRICT Staff report by City Manager Bowersox. At the February 25, 1992 meeting, Council directed staff to prepare an emergency water supply agreement with the Ramona Municipal District. The agreement provides for the City to treat up to 4 MGD of water for Ramona during aqueduct shutdown periods. Ramona will reserve up to 1,000 acre feet of storage in Lake Ramona for Poway's use during an emergency. Staff recon~nends approval. Motion by Councilmember Snesko, seconded by Councilmember McIntyre to adopt staff recommendation. Motion carried unanimously. ITEM 10 (1503-00) REVISED DRAFT REGIONAL GROWTH MANAGEMENT STUDY Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. SANDAG has requested that local jurisdictions approve the Revised Draft Regional Growth Management Study and Consistency Checklist prepared pursuant to Proposition C, Regional Growth Management Strategy, which was approved by the voters in November, 1988. The Revised Draft includes the quality of life factors identified in the original ballot measure: transporta- tion management, solid waste disposal, water reclamation, sewage disposal, and air quality. In addition to these, sensitive lands preservation, open space protection, hazardous waste management, and housing have been added by the Blue Ribbon Committee. Staff recommends approval of the Revised Draft Regional Growth Management Study and that Council direct staff to complete the Local/ Regional Consistency Checklist for the Regional Growth Management Strategy and Congestion Management Program for Council review. Speaking in opposition to staff recommendation: Bruce Tarzy, 15912 Ranch Hollow Road, President, Green Valley Civic Association Susan Callery, 13065 Edina Way, Community Protection Chairman, Green Valley Civic Association Hal Keltner, 16761Martincoit Road Jerry Hargarten, 13622 Orchard Gate Road Speakers expressed the following concerns regarding the Revised Draft: crime and schools are not included as Quality of Life factors; the document goes beyond the intent of Proposition C; it promotes growth and is not compatible with the community's philosophy of controlled growth; and assuming 60% popula- tion growth by 2015 and that those impacts will not affect the "quality of life" is unreasonable. 4549 Page 7 - CITY OF POWAY - Aprll 28, 1992 Mayor Goldsmith pointed out that this is not a plan, but step one of a two-step process. Step two will be the Series 8 population forecasts that will be used to show impacts on traffic, etc. Then the plan will have to be formalized. He suggested we discuss ways to eliminate state and federal mandates to accommodate growth. Councilmember McIntyre expressed concern that approval of this document is "buying into" a continued direction accommodating increased growth. Proposition C only addressed cooperating on infrastructure such as transportation, solid waste, sewer and water, and air quality, not housing. It is forcing communities to grow. City Attorney Eckis expressed a legal concern regarding adopting the strategy on Page 29, #1, regarding the regional share objective since the City Council has taken a position in the past as being opposed to this type of legislation. Following Council discussion, motion by Councilmember McIntyre, seconded by Councilmember Emery, to not approve the Revised Draft Regional Growth Management Study, and direct staff to bring back resolution confirming action of denial based upon the findings that housing was included as a Quality of Life factor while not being mentioned in Proposition C, the lack of a timetable for Phase I as required by Proposition C, and the desire to strengthen local control in the decision making process to determine how much a community will grow. Motion carried unanimously. ITEM 11 (203-10) APPEAL OF MINOR DEVELOPMENT REVIEW 92-06 OWNER: SAHIR HADDAD/APPLICANT: GREEN VALLEY ESTATES HOMEOWNERS ASSOCIATION City Manager Bowersox stated that the applicant of the appeal, Green Valley Estates Homeowner's Association, has requested that this item be removed from calendar. Motion by Councilmember Hlgglnson, seconded by Councilmember McIntyre to remove this item from calendar. Motion carried unanimously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 24. A. Councilmember Emery reported that at the April 23, 1992 MTDB meeting, the method of establishing criteria for determining priorities for Light Rail Extensions was adopted and that the 1-15 corridor may be in a good position utilizing this method. Be Councilmember Emery shared a guest editorial from the San Diego Union-Tribune written by Michael Shames, executive director of Utility Consumers' Action Network, expressing disapproval of San Diego Gas & Electric's rate increase request. Council discussed the rate increase proposal in light of SDG&E's exe- cutive compensation packages. 4550 Page 8 - CITY OF POWAY - April 28, 1992 Carol Dorman, San Diego Gas & Electric, stated that this rate increase request is the general rate increase which occurs every three years and is regulated by the Public Utilities Commission. SDG&E will be holding public hearings at various locations throughout the County next month. Motion by Councllmember Emery, seconded by Councilmember Snesko, to schedule a hearing to provide a forum for Poway citizens to discuss the issues relating to the rate increase request. Councilmember Emery withdrew his motion. Motion by Councilmember Emery, seconded by Councilmember Snesko, to direct staff to draft a letter to SDG&E expressing concern regarding their request for rate increases in light of the recession and based upon information in the article regarding executive compensation packa- ges. Motion carried unanimously. 25. Mayor Goldsmith reported that the first phase study on alternate routes for the Mira Mesa to Poway trolley line has been completed. The estimated costs are $290 million for the 14.10 mile route. 27. Councllmember McIntyre requested staff contact Tom Landt, Wildwood Road resident, who inquired regarding plantings at the FFA facility, which was Item 16 on the Consent Calendar. City Manager Bowersox stated staff will respond to the inquiry. 28. Councllmember Snesko asked about the sale of lake permits at a site other than the park entrance station because of the congestion it causes. City Manager Bowersox stated that permits will be sold at the concession stand. AI~IXIRI~tENT Upon motion by Councllmember Hlgginson, seconded by Councllmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:32 p.m. Marjoriq KI Wahlsten, City Clerk City of PP~o~aY 4551