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CC 1992 07-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 21, 1992 The July 21, 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. COUNCXLMEMBERS PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUNCILMEMBERS ABSENT AT ROLL CALL Don Higginson STAFF MEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Yolanda Collins Pamela Colby Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Sheriff's Captain Senior Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Bill Cross, 13105 Corona Way, asked about landscaping the triangle created by the new intersection of Metate, Community and the entrance to Poway Royal Mobile Estates. City Manager Bowersox stated staff will report back on August 4, 1992. 2. Howard Stacklin, 1314g Tobiasson Road, spoke regarding water issues. Ricki Peitchel, 12881 Indian Trail, reported on the recent achievements of the United Poway Swim Club swimmers. (1180-11) Russ Lane, 13635 Cynthia Lane, requested some recognition from the City for the achievements of the United Poway Swim Club swimmers. 4634 Page 2 - CITY OF POWAY - July 21, 1992 Susan Callery, 13065 Edina Way, representing the Green Valley Civic Association, stated there are increasing incidents of graffiti in the north Poway area and expressed concern that it is not being removed quickly enough. City Manager Bowersox stated staff will report back on August 4, 1992. ITEM ADDED TO AGENDA City Attorney Eckis stated the need to appoint an additional alternate to SANDAG arose during the 72 hours since the agenda was posted and requested the City Council take action to add this item to the agenda, to be considered in connection with Item 10.3. Motion by Councilmember McIntyre, seconded by Councilmember Snesko to add appointment of an alternate to SANDAG to the agenda and find that the need to act arose in the past 72 hours. Motion carried 4-0 with Councilmember Higginson absent. CONSENTCALENDAR Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the Consent Calendar as follows: 11. Ratification of Warrant Register for June 30, lgg2. (401-10) 12. Denial of claim for damages: A) Lori Allen; B) Allstate Insurance/Jesse Reyes. (704-13) 13. Approval of City's Investment Report for June 30, 1992. (408-01) 14. Approval of final map for Tentative Tract Map 89-03, La Paz Summit, Unit II, Premium Investors, applicant, and direct its recordation; accept the open space easement on Lots 29 and 30; accept general utility and sewer easement as designated on the map; adopt Resolution No. 92-151, entitled, "A Resolution of the City Council of the City of Poway, Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-02 with Written Consent of all Property Owners"; adopt Resolution No. 92-152, entitled, "A Resolution of the City Council of the City of Poway, Accepting the Dedication of a Certain One-foot Wide Strip of Land Lying within City of Poway Tract No. 87-12, Map No. 12498: Silver Ridge Road"; adopt Resolution No. 92-153, entitled, "A Resolution of the City Council of the City of Poway, Accepting the Dedication of a Certain One-foot Wide Strip of Land Lying Within City of Poway Tract No. 2665-1, Map No. 6038: Alora Street." (203-01) 15. Acceptance of rehabilitation of swimming pools at Poway Royal Estates, Poinsettia Senior, and Poinsettia Family Mobilehome Parks from Mission Pools of Escondido. (602-01, #162R) 16. Acceptance of reroofing buildings at Poway Royal Estates Mobilehome Park from Roejack Roofing. (602-01, #163R) 4635 Page 3 - CITY OF POWAY - July 21, 1992 17. Adoption of Resolution No. 92-154, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056," by Hinderliter, deLlamas & Associates, independent contractor for the City performing a sales tax audit. (602-01, #1) 18. Accept bid withdrawal from Granite Construction for the 1992-93 Street Maintenance Program and award of the contract to Daley Corporation in the amount of $1,521,792.75; adopt Resolution No. 92-155, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Construction of the Community Road Reconstruction is of Benefit to the Paguay Redevelopment Project"; appropriate $232,000 from the Traffic Mitigation Fund for Pomerado Road resurfacing. (602-01, #938) 19. Adoption of the following positions on pending legislation: oppose AB 3476 and SB 1538 which are amendments to the Brown Act; and oppose SB 1711 which are revisions to the Community Redevelopment Law. (701-11) 19.1 Adoption of Resolution No. P-92-33, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 92-06, Assessor's Parcel Number 314-050-60 (Lot 11) and Denying Variance For Assessor's Parcel Number 314-050-66 (Lot 17)," which confirms action taken July 14, 1992. (203-04) Motion carried 4-0 with Councilmember Higginson absent. ITEM 4 (203-01) TENTATIVE TRACT MAP 90-06 APPLICANT: DAR[OUSH PARN[AN! Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide a 16.9 acre site into eight single- family lots at the north end of Eisenhower Avenue, north of Meadowbrook School. This property is also on the list of recommended Affordable Housing Overlay sites and the applicant has chosen to pursue two parallel courses of action at this time. Staff has submitted a revised wording for condition regarding mitigation for gnatcatcher habitat and recommends approval. Speaking in opposition to staff recommendation: Mike Fry, 12819 Selma Court, stated the amount of gnatcatcher habitat mitigation needs to be greater since this property is part of the corridor from Van Dam Peak to the Twin Peaks/St. Michael's area. Charles Collins, 13905 Eisenhower Avenue, stated a concern regarding potential traffic impacts since Eisenhower is a narrow street, but stated he needed more information regarding what is being planned. 4636 Page 4 - CITY OF POWAY - July 21, 1992 Speaking in favor of staff recommendation: John Leppert, 4380 Viewridge Avenue, San Diego, applicant's engineer, objected to requirement for affordable housing set aside since their project was originally submitted in November, 1990, more than a year before Ordinance 350 was adopted and objected to cul-de-sac street light requirement since these will be private streets with only 8 two acre lots. David Cave, 14039 Halper Road, stated the Sierra Club should buy the property if they are opposed to the project. Patrick Mock, Ogden Environmental, stated this property is not a candidate for preservation because the development surrounding it severely compromises its long-term viability. Darioush Pariniani, 55790 Bravo Court, San Diego, stated he feels the quality of mitigation land provided is more important than the quantity and he is endeavoring to purchase the land in Poway. Councilmember Emery asked about the deviation from our two to one mitigation policy that is being recommended in the revised report. Director of Planning Services Wright-Quastler stated that staff proposed to take several factors into consideration besides acreage. Following discussion and the information that there is one pair of gnatcatchers living on the property, Council concurred that the condition needs to be consistent with City policy with any deviation coming back to the Council for approval. City Attorney Eckis stated that since this project was in substantial conformance, but not technically deemed complete since there were two minor items not finished at the time the City Council adopted Ordinance No. 350, staff had no choice but to include the affordable housing set aside as a condition. Council, however, has the discretion to delete that. Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to close the public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution No. P-g2-34, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 90-06, Assessor's Parcel Number 314- 060-03, 04; 314-131-07; 314-131-12," amended to delete requirement for affordable housing set aside and cul-de-sac street lights, and require any deviation from the standards set in P-gO-Sg be approved by the City Council. Motion carried 4-0 with Councilmember Higginson absent. ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 92-01 APPLICANT: FOLSUM TENNIS ENTERPRISES Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to add lighting to a previously approved tennis court located at 14438 Harvest Court. Staff recommends approval. There was no one present wishing to speak. 4637 Page 5 - CITY OF POWAY - July 21, 1992 Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and adopt Planning Resolution No. P-92-35, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 92-01, Assessor's Parcel Number 278-462-21." Motion carried 4-0 with Councilmember Higginson absent. ITEM 6 (401-27) WEED/NUISANCE/VEHICLE ABATEMENT COLLECTION ON 1992-93 TAX ROLL Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. During the year monies are budgeted to allow the City to abate weeds, vehicles, and public nuisances including illegal dumping and encampments. Collection is made from the property owner either by direct billing, or on the property tax roll. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. 92-156, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Report Prepared for Collection of Weed Abatement, Nuisance Abatement, and Vehicle Abatement Charges on the County Tax Assessor's Roll for the year 1992-93." Motion carried 4-0 with Councilmember Higginson absent. ITEM 7 (201-07) COMMUNITY EMERGENCY PLANNING Staff report by Administrative Battalion Chief Garry MacPherson. One of Councilmember McIntyre's goals is to have every family in Poway prepared to be self-sufficient for the first 72 hours following an emergency and the Fire Department is working on this project, including a family preparedness fair scheduled for September 19 in cooperation with the Red Cross. Councilmember McIntyre commended Chief MacPherson for the thoroughness of his report and suggested emergency kits be available for sale at the fair and classes be offered through Community Services. She indicated she had conducted such classes for the members of her church. Council concurred to receive and file the report. ITEM 8 (602-01, #145R) POWAY SHARED HOUSING PROGRAM Staff report by City Manager Bowersox. The Poway Shared Housing Program contract with Lifeline Community Services was initiated on August 1, 1991 and will expire on July 31, 1992. Staff recommends continuance of this program for an additional year at a cost of $17,993 to be appropriated from the Agency's low and moderate income housing fund. Correspondence was received before the meeting from the 4638 Page 6 - CITY OF POWAY - July 21, 1992 Legal Aid Society objecting to the use of low and moderate income housing funds without additional controls. Sharon Kibler, coordinator of the Program, was present and answered questions from the City Council. Council expressed concern regarding the small number of matches made this year and discussed whether it justified the expenditure and requested specific information regarding the matches and whether they are on-going. City Attorney Eckis suggested that, although the Agency received an opinion from their legal counsel prior to the commencement of the program regarding the use of low and moderate-income funds, this item be continued to allow them to comment on the letter from the Legal Aid Society. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue consideration of this item to August 4, 1992. Motion carried 4-0 with Councilmember Higginson absent. ITEM g (602-01, #145R) POWAY ROAD WEST END IMPROVEMENTS STATUS ITEM 26B DISCUSSION OF WALL HEIGHTS Staff report by City Manager Bowersox. On May 12, 1992 Councilmember Higginson requested monthly status reports of the Poway Road West End improvement project. In addition, Councilmember Snesko scheduled a discussion of the wall heights on this project for this meeting. Director of Engineering Services Weston stated the wall is being built according to approved plans, and the height was necessary in order to attenuate noise for the homes that are elevated above street level. He showed the landscaping plan. Council requested additional foliage coverage for the wall, where possible and concurred to receive and file the status report. ITEM 10.2 (1180-05) COMMUNITY CONTRIBUTION ORANGE CRUSH BASEBALL CLUB Mayor Goldsmith took this item out of order since representatives were present. Staff report by City Manager Bowersox. The Orange Crush Baseball Club, 1991 Continental Amateur Baseball Congress World Series champions have requested funding assistance to attend the 1992 World Series in Dublin, Ohio. Staff recommends a donation of $500. 4639 Page 7 - CITY OF POWAY - July 21, 1992 Motion by Councilmember Snesko, seconded by Councilmember McIntyre, to donate $500 to the Orange Crush Baseball Club. Motion carried 4-0 with Councilmember Higginson absent. Chip Lyles, member of the team, thanked the City Council for their donation. ITEM 10 (701-11) STATEWIDE LEGISLATIVE ISSUES POLICY FOR CITIZEN INVOLVEMENT This policy was originally requested by Councilmember Higginson and since he is absent, motion by Councilmember Emery, seconded by Councilmember McIntyre to continue to August 25, 1992 when he will be present. Motion carried 4-0 with Councilmember Higginson absent. ITEM 10.1 (1502-11) ENVIRONMENTAL LICENSE PLATE FUND Staff report by City Manager Bowersox. At the June 23, 1992 meeting, John Anderson of the Department of Fish & Game addressed the City Council regarding the State Budget Conference Committee's proposal to shift the California Environmental License Plate Fund as part of the 1992-93 state budget. This would jeopardize the funding for the Blue Sky Ecological Preserve. Councilmember Emery requested a report regarding how the Environmental License Plate Funds are used. Staff recommends the City Council receive and file the report. Mayor Goldsmith stated a Friends of Blue Sky Ranch group has recently been formed to set up a volunteer program which will include fund raising. ITEM 10.3 (1503-02) SANDAG/SOLID WASTE MANAGEMENT Staff report by City Manager Bowersox. SANDAG's Board Meeting agenda for July 24, 1992 has issues regarding solid waste management. Councilmember Higginson, Poway's representative, and Mayor Goldsmith, Poway's alternate will not be able to attend the meeting. Staff recommends that Councilmember Emery be appointed as a second alternate and that he be given direction to support SANDAG's staff recommendation. Motion by Councilmember McIntyre, seconded by Councilmember Snesko to appoint Councilmember Emery as second alternate to SANDAG. Motion carried 4-0 with Councilmember Higginson absent. Motion by Councilmember Emery, seconded by Councilmember McIntyre to accept SNADAG's staff recommendations regarding solid waste management issues on their July 24, 1992 agenda. Motion carried 4-0 with Councilmember Higginson absent. 464O Page 8 - CITY OF POWAY - July 21, 1992 ITEM 10.4 (705-09) TENTATIVE TI~ACT MAP 86-01 ACCEPTANCE OF LANDSCAPE IMPROVEMENTS Staff report by City Manager Bowersox. The landscape improvements within the Huntington Gate subdivision have been inadequately maintained by the developer and staff recommends that the City Council accept the improvements and authorize maintenance by the Landscape Maintenance District 86-1 and obtain additional securities from the developer, Jimmie Lee Roberts. City Attorney Eckis stated that the acceptance is not conditioned on the receipt of the securities. Councilmember McIntyre asked if the LMD was paying for the developer's lack of work. Director of Public Services Archibald stated the Landscape Maintenance District Advisory Committee would be reviewing the process. Motion by Councilmember Emery, seconded by Councilmember Snesko to authorize Landscape Maintenance District 86-1 to begin maintenance of the LMD improvements within TTH 86-01 and require additional securities from the developer. Motion carried 4-0 with Councilmember Higginson absent. ITEM 20 CITY MANAGER ITEMS City Manager Bowersox announced that AB 2707 has passed out of the Assembly and been sent to the Senate. Councilmember Emery requested a copy of the bill since it has been heavily amended since its introduction. ITEM 21 CITY ATTORNEY ITEMS City Attorney requested a closed session pursuant to Government Code §54956.9{a), pending litigation, Town & Country Shopping Center vs. Poway. MAYOR 22. AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery stated he and Councilmember Higginson had met with City Attorney Eckis as authorized by the City Council on June 9, 1992 to draft a measure for the November ballot regarding asphalt plants. They decided to draft it very narrowly to apply only to asphalt plants in South Poway and to operate like Proposition FF where an election would be required before such a project could be approved. This will come to Council on August 4, 1992. Councilmember Emery requested a report regarding the landslide on Taunt Place that was recently reported in the Times-Advocate. City Manager Bowersox stated staff will report back on August 25, 1992. 4641 Page 9 - CITY OF POWAY - July 21, 1992 23. Mayor Goldsmith announced he will resign his office on August 4, 1992, in anticipation of being elected to the State Assembly in November. By resigning now, the City Council can have an election to fill the vacancy on November 3, 1992 and save the cost of a special election, estimated to be $60,000. 25. Councilmember McIntyre stated she feels the City should form a Technology Watch-Informational Group {TWIG} to do some strategic long-range planning in applying technology as infrastructure in order to improve citizen access to government, and staff efficiency. Motion by Councilmember McIntyre, seconded by Councilmember Emery to appoint Larry Cruse and Louise Shaper as two members of a three member task force to work with staff to draft a charter for the TWIG. Motion carried 4-0 with Councilmember Higginson absent. 26A. Councilmember Snesko stated that he has submitted a proposal for the Christian Life Assembly Church to purchase two trailers to house the homeless on their property. City Attorney Eckis has approved it. Motion by Councilmember Emery, seconded by Councilmember Snesko to authorize staff to begin discussions under the guidelines of the proposal submitted by Councilmember Snesko. Motion carried 4-0 with Councilmember Higginson absent. (208-03R) Councilmember Snesko requested a list from staff of the trailer units already sold, their wholesale price, sale price, and the buyer. CLOSED SESSION Mayor Goldsmith adjourned the meeting into closed session at g:55 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at 10:29 p.m. and stated the City Council had instructed the City Attorney during the closed session. Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:30 p.m. Marjor~ie I~. Wahlsten, City Clerk City o~way 4643