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CC 1993 02-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR HEETING FEBRUARY 9,1993 The February 9, 1993 regular meeting of the City Council of the City of Poway, was called to order at 7:03 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Steve Streeter David Narevsky Jim Nessel Janis Acosta 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 Director of Safety Services Assistant Director of Planing Svcs. Redevelopment Manager Senior Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present to speak: Joe St. Lucas, 13033 Earlgate Court, representing the Westgate Homeowners Association, stated that the temporary new car storage lot west of the Chrysler dealership has gotten larger and larger since it started in October and cited the noise generated by the moving of cars in and out. Staff will report back in two weeks. Will Kane, 12957 Golden Way, stated the storm drains under Golden Way are not adequate during heavy rains. Mayor Higginson requested staff's report back include information on how the storm drain projects constructed by the city have performed in the recent rains. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the Consent Calendar as follows: 4793 Page 2 - CITY OF POWAY - February 9, 1993 14. Approval of Minutes - City Council: January 5, 1993 Regular Meeting January 12, 1993 Regular Meeting 16. Ratification of Warrant Register for January 21, 1993. (401-10) 17. Adoption of Resolution No. 93-027, entitled, "A Resolution of the City Council of the City of Poway, California Annexing Territory to the City of Poway Sewer Improvement District, Poway Corporate Center (American Newland) TM 86-02R Annexation." (1170-11} 18.1 Approve the purchase of property, APN 321-250-17, for $7,000 from the County of San Diego through a tax-default sale using funds set aside for the Scripps Poway Parkway construction project to be used as mitigation property for the project; direct the City Manager to negotiate the purchase of property, APN 277-140-118, 4.25 acres adjacent to Blue Sky Ranch to be used as mitigation property for the Scripps Poway Parkway; and adoption of Resolution No. 93-028, entitled, "A Resolution of the City Council of the City of Poway, State of California, Determining that Purchase of Assessor Parcel Numbers 321-250-17 and 277-14-118 to be of Benefit to the Paguay Redevelopment Project." (1002-01) Motion carried unanimously. ITEM 4 (lllO-O1) DETERMINATION OF SCOPE OF EIR FOR SCRIPPS POWAY PARKWAY EASTERN EXTENSION Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. In November, 1991, the City Council approved a General Plan Update which recommended that the Scripps Poway Parkway (formerly called South Poway Parkway) be completed between Poway's western city limit and State Route 67. The City has contracted with OGDEN Environmental and Boyle Engineering to assist staff with the appropriate environmental and engineering documents. Three proposed alignments were presented to the City Council at a workshop on February 4 and, as the result of a field trip on Saturday, February 6 wants to add a variation to Alignment B that would swing to the north. City Manager Bowersox listed the sixteen items to be studied in the Environmental Impact Report. Following public input at this scoping hearing, a Notice of Preparation will be mailed. Mayor Higginson reminded those present to speak that the purpose of this hearing is to discuss environmental impacts that should be studied, not whether or not the road should be constructed. Speaking in opposition to staff recommendation: Dorothea Mallow, 15826 Sycamore Canyon Road, expressed opposition to the project because of its potential impact on their zoning since they are in the County of San Diego. Connie Spitzer, 16028 Paragon Mesa Road, is on the Traffic Safety Committee of Garden Road School, and cited improvements needed to increase safety for the students. 4794 Page 3 - CITY OF POWAY - February 9, 1993 Stanley Wilke, 14437 Highway 67, asked about CalTrans plans for Highway 67 and how this road will connect with 67. He also stated a need for turn lanes for existing driveways. John Kurtz, 16212 Paragon Mesa Road, stated support for the additional alignment to be studied. Dwight Greene, 15972 Sycamore Canyon Road, owns Sycamore Canyon Stables and expressed opposition to Alignment D because of impacts on trails and access to the Park. Randy Newhard, 14443 Highway 67 expressed concern over the road's impact on dedicated open space. Mike Fry, 12819 Selma Court, suggested Poway annex this area to give us control over the land use, expressed concerns over growth-inducing impacts on Ramona, and increased use by Lakeside/Santee traffic. Duane Westover, 10927 Baroque Lane Wayne Whitwer, 12636 Calle de Rob, questioned impacts on air quality. Richard Haas, 15454 Pendragon Road, President of the Sycamore Canyon Association, expressed opposition to the project, but preference for Alignment A since it is the farthest from their homes. Frank Spitzer,16028 Paragon Mesa Road, expressed opposition to being annexed to the City of Poway. Robert Hagey, 2580 Hidden Valley Road, La Jolla, representing 165 acres adjacent to Sycamore Canyon Park suggested 80 of those acres be added to the Park. Speaking in favor of staff's recommendation: Randy Wilkins, 14617 Acton Court, representing the Garden Road Association, asked how Sycamore Canyon Road and the Parkway will intersect, traffic impacts on Garden Road,and need for dust control during construction. City Clerk Wahlsten noted a letter was received from Thomas Gillespie and Barbara Riegel. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and direct staff to send out the Notice of Preparation and complete the EIR process. Motion carried unanimously. (Councilmember Snesko left the room.) ITEMS 5-11.1 701-04) ORDINANCES 399-406/SECOND READINGS ZONE CHANGES 93-01B-g3-O1H/g3-O1GG Staff report by City Manager Bowersox. These are second readings of zone change ordinances and staff recommends approval. There was no one present wishing to speak. City Clerk Wahlsten read the titles of the Ordinances, as follows: 4795 Page 4 - CITY OF POWAY - February 9, 1993 Ordinance No. 399 entitled, California Changing the Zoning 0lB)." "An Ordinance of the City of Poway, Classification of Certain Property (ZC 93- 6. Ordinance No. 400, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 93- 01C)." e Ordinance No. 401 entitled, "An Ordinance of the California Changing the Zoning Classification of Certain OLD)." City of Poway, Property (ZC 93- 8. Ordinance No. 402, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property {ZC 93- 01E)." g. Ordinance No. 403, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 93- 01F)." 10. Ordinance No. 404, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property {ZC 93- 01G)." 11. Ordinance No. 405, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 93- 01H)." 11.1 Ordinance No. 406, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property {ZC 93- 01GG)." Motion by Councilmember Emery, seconded by Councilmember Callery to waive further reading and adopt Ordinances 399 through 406. Motion carried 4-0 with Councilmember Snesko out of the room. (Councilmember Snesko re-entered the room.) ITEM 12 704-10 CLEANUP STATUS REPORT 16100 DEL NORTE/GABILAR LAOW Staff report by City Manager Bowersox. A Notice of Intention to Lien was adopted by the City Council on January 26, 1993 as part of the process of declaring this property a public nuisance. The owner was given fourteen days to clean the property. The City Council requested a status report on the cleanup before the city proceeded to have it cleaned up. Considerable progress has been made and staff recommends an additional two weeks be given for the cleanup. 4796 Page 5 - CITY OF POWAY - February 9, 1993 Motion by Councilmember Emery, seconded by Councilmember Cafagna to grant an additional two weeks to the owner to clean up the property at 16100 Del Norte before the city initiates a clean-up. Motion carried unanimously. ITEM 13 704-10 CLEANUP STATUS REPORT 14027 EASTERN STREET/KENNETH WALKER Staff report by CityManager Bowersox. ANotice of Intention to Lien was adopted by the City Council on January 26, 1993, as part of the process of declaring this property a public nuisance. The owner was given fourteen days to clean the property. The City Council requested a status report on the clean up before the city proceeded to have it cleaned up. The tiles have been sold however the purchaser will not be able to pick them up until February 15, 1993. Staff recommends extension until that date. Motion by Councilmember Emery, seconded by Councilmember Callery to grant an extension to February 15, 1993, for the cleanup at 14027 Eastern Street. Motion carried unanimously. ITEM 13.1 JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL TAXES COMMUNITY FACILITIES DISTRICT NO. 88-1 Staff report by City Manager Bowersox. The City has been notified by the County Assessor's Office that the Parkway Business Centre in Community Facilities District No. 88-1 is delinquent on their first installment of special taxes for fiscal year 1992-93 in the amount of $1,444,99.93. These taxes cover the debt service payment of special tax bonds issued in 1989 and 1990 which are due to be paid to the fiscal agent on February 10, 1993. Parkway Business Centre Partners are in the process of securing their Phase II construction financing and the delinquent taxes, plus penalties and interest, will be paid. Staff recommends initiation of judicial foreclosure and a loan from the Redevelopment Agency to provide for the payment of the debt service. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-029, entitled, "A Resolution of the City Council of the City of Poway, California, Acting as the Legislative Body of Community Facilities district No. 88-1 of the City of Poway (Parkway Business Centre) Ordering Judicial Foreclosure of Delinquent Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982, and Ordering that the Tax Collector be Credited with those Special Taxes." Motion carried unanimously. 4797 Page 6 - CITY OF POWAY - February 9, 1993 CITY ATTORNEY ITEHS City Attorney Eckis stated he had listed two closed sessions on the agenda, however he does not need to hold one re pending litigation, Poway Town & Country v. City of Poway. He would request a closed session pursuant to Government Code Section 54956.8, real estate negotiations, to instruct the city's negotiator, City Manager Bowersox, regarding the purchase of 13395 Poway Road, former Security Pacific Bank. He is negotiating with Mr. Puttkammper of Iliff Thorn Co. HAYOR 21. 22. 23A. 23B. AND CITY COUNCIL-INITIATED ITENS Councilmember Cafagna stated he had put the discussion of creating a Redevelopment Agency staff position of Economic Development Director on the agenda before he read the Hughes, Heiss report which is coming to the Council next week. He suggested, and the Council concurred, that this issue be made a part of that entire study. Councilmember Emery suggested that perhaps hiring a consultant rather than creating a staff position would be a better financial decision. Councilmember Callery stated she and Councilmember Cafagna had attended a forum sponsored by the League of California Cities for new Councilmembers in Monterey recently. The "hot topic" was the Governor's budget and its impact on cities. She suggested that an effort to communicate with our citizens and educate them regarding this issue is critical and suggested several means of doing that, by notices in the utility bills, booth at the Farmers' Market, etc. Mayor Higginson suggested that we use the group of local association representatives that met recently at City Hall to mobilize a letter writing campaign on this issue. Councilmember Emery stated that the Metropolitan Transit Development Board has a presentation they can make regarding the 1-15 Corridor Transportation Study if the Council concurs. Council concurred and asked staff to schedule for March 11 or 18. Councilmember Emery stated that an item has arisen within the past 72 hours that needs to be placed on the agenda for action prior to the next Council meeting. It concerns a meeting he attended last Saturday with representatives of the cities of La Mesa, Santee, E1 Cajon, Supervisor Diane Jacobs,and state representatives, including Jan Goldsmith, to discuss San Diego Gas & Electric's proposed Pipeline 2000 project, or Project Vecinos. The next meeting will be Saturday, February 13, 1993. Motion by Councilmember Emery, seconded by Mayor Higginson to add this item to the agenda. Motion carried unanimously. Councilmember Emery requested that the City Council authorize him to represent the city at future meetings. Council concurred and requested a report back next Tuesday. 4798 Page 7 - CITY OF POWAY - February 9, 1993 24A. 24B. 24C. Mayor Higginson stated he will appoint his Housing Commission member next week. He asked that appointment to the Transportation Advisory Committee be deferred pending action on the Hughes Heiss report. Mayor Higginson stated that representatives from Wet 'n Wild had requested postponement of their workshop which was scheduled for February 25, 1993. He asked if the Council wanted to have such a workshop or just tell them they can made a formal application for a specific plan amendment. He reminded the Council that workshops are not designed for public input, but only to educate the Council. Councilmember Cafagna stated he has several questions but he can get his answers without holding a workshop. Councilmember Callery expressed concern that money was being expended by staff and consultants to analyze various aspects of their proposal and stated that should cease. Councilmember Snesko concurred that the proponents have some more issues to settle before they would be ready for a wrokshop and if they want to proceed, he will put it back on the agenda under his item. Mayor Higginson stated he had asked staff to schedule a Council meeting in southwest Poway to discuss the Old Pomerado Road Specific Plan and other items of interest to that Community. The only building in that area large enough is the Big Stone Lodge however there are complaints from citizens about holding a public meeting in a bar so he suggested that the meeting which was scheduled for March 8 be held March 9 in the City Council Chambers. Council concurred. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 8:20 p.m. CALL TO ORDER AND ADJOURNHENT Mayor Higginson called the meeting back to order at 8:30 p.m. with all Councilmembers present and announced the City Council had instructed its negotiator in closed session. Upon motion by Councilmember Emery, seconded by Councilmember Callery, he adjourned the meeting at 8:31 p.m. Marjo/rie~K. Wahlsten, City Clerk City ~_~way 4799