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