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CC 1993 02-23 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 23, 1993 The February 23, 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 NENBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter David Narevsky Patrick Foley Janis Acosta PLEDGE OF ALLEGIANCE City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Asst. Director of Planing Services Redevelopment Manager Senior Management Analyst Management Analyst Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COH)UNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present to speak: Ricki Pietchel, 12881 Indian Trail, gave an update on the activities of the United Poway Swim Team. Jim McConahay, 14120 Durhullen Drive, requested a quick release by the Sheriff of an incident report regarding rental property he owns. Councilmember Snesko made a motion that his item regarding Wet 'n Wild be moved up on the agenda because of the large number of young people present for that item. There was no second. Mayor Higginson stated that there are some noticed public hearings on the agenda that also have people present and they should be taken first. 4806 Page 2 - CITY OF POWAY - February 23, 1993 CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar, as follows: 14. 16. 17. 18. 20. 21. 22. 23. Approval of Minutes - City Council: January 26, 1993, Regular Meeting February 2, 1993, Regular Meeting February 4, 1993, Adjourned Regular Meeting February 6, 1993, Adjourned Regular Meeting Ratification of Warrant Register for February 11, 1993 (401-10) Denial of claim for damages: William Fallaw (704-13) Adoption of Resolution No. 93-032, entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Salary and Benefit Plan for the Management, Supervisory, Professional and Confidential Employees," expanding the eligibility for auto allowance for the Management, Supervisory, Professional and Confidential Employees. (502-01) Appropriation of $10,000 from the Water Fund for the performance testing of the test wells at Garden Road Park and Old Poway Park . (401-13) Receive and file report regarding traffic signal improvements on the north side of the intersection of Poway Road and Garden Road to control ingress and egress from Lincoln Center. (1162-01) Acceptance of public improvements and release of securities, Tentative Tract Map 86-04, Midland Estates, Midland Ltd., applicant, located east of Midland Road between Janette Lane and Somerset Road. (602-01, #768 & #784} Adoption of Resolution No. 93-033, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Department Head to Destroy City Records after the same are no longer Requir(804-03) 24. Approval of City's Investment Report for January 31, 1993. (408-01) Motion carried unanimously. ITEM 4 (203-04) VARIANCE 93-01/DEVELOPMENT REVIEW 92-17 APPLICANT: PIZZA MAKERS LTD. (FILIPPI'S) MayorHigginson opened the public hearing. City AttorneyEckis stated that since the City Council denied a variance for this project within the past year, if they approve a variance at this meeting they must find that good cause exists to waive § 17.50.130. 4807 Page 3 - CITY OF POWAY - February 23, 1993 Staff report byDirector of Planning Services Wright-Quastler. This is arequest to construct a restaurant on the property located on the northwest corner of the Poway Road and Oak Knoll Drive intersection. There are four alternative design proposal presented, three of which require a street side yard setback variance. Staff recommends Alternative lA. On November 17, 1992, the City Council denied a variance request for this project to allow sections of the parking lot to encroach into a street side yard setback. On January 5, 1993, the City Council denied a specific plan proposal for the subject property that would prohibit potential high impact commercial uses from the site. Alternative lA differs from the original proposal in that it proposes a six foot high masonry wall and a landscape area along the northerly property line. The driveway has been relocated and the parking lot redesigned to provide two additional parking stalls. The building would be 4,536 square foot and the parking lot will accommodate 38 cars. The applicant is making arrangements for off-site parking for employees and if overflow parking from the restaurant becomes a nuisance to Woodcrest residents, parking restrictions could be established along Crest Road and a portion of Oak Knoll Drive. Speaking in opposition to staff recommendation: Theresa Boyer, 12118 Poway Road, objected to the kitchen opening to the west which faces their home. As an alternative, she requested a 10' wall on the west side. Les Revier, 13020 Oak Knoll Drive. Robert Good, 12730 Soule Street Speaking in favor of staff recommendation: Greg Cox, 245 E Street, Chula Vista, representing the owners. Dan Ferreira, 4751 Terrace Drive, San Diego, one of the owners. Julius Ickler, 12102 Poway Road, suggested the wording "Applicant shall contact the Department regarding compliance" does not sound like they are required to comply. He also questioned why the plans submitted do not conform with the resolution's conditions. Director of Planning Services Quastler, in response to Mr. Ickler's comments, concurred the wording regarding compliance could be more specific and stated that the conditions prevail over the plans. Motion by Councilmember Cafagna, seconded by Councilmember Emery to issue a Mitigated Negative Declaration, close the public hearing, and adopt Resolution No. P-93-06, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-01 and Development Review 92-17, Assessor's Parcel Number 316-320-35," finding that good cause exists to waive §17.50.130 in that the variance will reduce parking impacts on the neighborhood. Motion carried unanimously. 48O8 Page 4 - CITY OF POWAY - February 23, 1993 ITEM NO. 5 (701-04, 1160-02) ORDINANCE N0.407 - FIRST READING ESTABLISHING SPEED LIMITS UPDATED ENGINEERING AND TRAFFIC SURVEYS Mayor Higginson opened the public hearing and read the title of Ordinance No. 407 "An Ordinance of the City of Poway, California Adding to Section 10.32,230 of the Poway Municipal Code, Establishing Speed Limits on Hilleary Place Between Midland Road and Community Road; Ted Williams Parkway Between Twin Peaks Road and Pomerado Road; and Ted Williams Parkway Between Pomerado Road and West City Limits." Staff report by City Manager Bowersox. The speed limits proposed are 35 mph for Hilleary Place and 45 mph on Ted williams Parkway between Pomerado Road and Twin Peaks Road, and 55 mph to the west city limits. Staff has also prepared updated engineering and traffic surveys for use in radar enforcement of posted speed limits. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery to waive further reading and continue the public hearing to March 9, 1993 for second reading, and to approve the engineering and traffic surveys. Motion carried unanimously. MAYOR AND CITY COUNCIL INITIATED ITEMS 31C. Councilmember Snesko requested that the item regarding Wet 'n Wild be considered now so that the young people present could go home. He requested that staff be authorized to meet with Wet 'n Wild representatives regarding financing. Councilmember Cafagna asked if the meeting could be accomplished without cost to the city of having our financial consultants present. Mr. Joe Bonia, representing Wet 'n Wild stated it could be done with a conference call. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Snesko to authorize staff to have a two hour meeting without consultants so that Wet 'n Wild can determine if they want to proceed with a Specific Plan Amendment. Motion carried unanimously. Councilmember Cafagna stated he would attend the meeting also. (Councilmember Snesko left the meeting at 8:25 p.m.) ITEM NO. 6 (1402-02) NEW POWAY LIBRARY FINAL DESIGN Staff report by Director of Community Services Thomas. The Library Advisory Committee has been working with the architects, consulting librarian, the Friends of the Library, County Library staff and City staff regarding issues raised by the City Council during review of the schematic design on August 27, 1992. They presented proposed elevations, floor plan and color boards for the interior. Recommendation is to approve the final design and direct staff to solicit bids. 4809 Page 5 - CITY OF POWAY - February 23, 1993 Rich Cardwell, Brad Miller and Keith Simon of the architectural team made presentations regarding the design. Speaking in opposition to staff recommendation: Jerry Hargarten, 13622 Orchard Gate, Vice Chairman of the Poway Road Specific Plan Advisory Committee, stated the Committee had met last week and would like some minor changes to the elevation to blend in better with the existing shopping center. Don Patch, 14005 Midland Road, member of the Poway Road Specific Plan Advisory Committee, presented a proposed sketch. (Councilmember Snesko re-entered the meeting at 9:05 P.M.) Duke Ayers, 15330 Vali Hai Road, member of the Redevelopment and Housing Advisory Committee, stated the library needs to conform better to the Town Center concept. Bob Carson, Wall Street Properties, 1250 Prospect St., La Jolla, owner of the Shopping Center. Ed Malone, Poway Town & Country Shopping Center, 17150 Old Coach Road, suggested the concrete columns don't fit with the rest of the center and the trees proposed are a different variety of sycamore. He also asked that care be taken to not block out the tenants signs with the landscaping. Speaking in favor of staff recommendation: Joye Davisson, member of Friends of the Library and Committee, 13733 Celestial Road. Library Advisory Council concurred that the exterior does not have the "Poway look." Councilmember Cafagna and Councilmember Callery will be a subcommittee to work with the architect, the Poway Road Specific Plan Advisory Committee and the Library Committee to propose some minor changes to meet the goals of blending with the current center and meeting the Town Center concept. Staff will report back on March 23, 1993. ITEM 7 (701-09) TERM OF LIBRARY ADVISORY COMMITTEE Staff report by City Manager Bowersox. The current term of the Library Advisory Committee expires February 28, 1993. The committee recommends that their term be extended until the contract for construction of the library is awarded and the ground breaking ceremony is held and that consideration be given to appointment to a new Committee to address present and future library issues. Motion by Councilmember Snesko, seconded by Councilmember Emery to approve the extension of the current Committee as recommended and take no action on a new Committee until the Hughes, Heiss report has been reviewed. Motion carried unanimously. 4810 Page 6 - CITY OF POWAY - February 23, 1993 ITEM 8 (1180-03) RESPONSE TO PUBLIC INQUIRY RE CLAIRE DRIVE Staff report by City Manager Bowersox. At the January 26, 1993 City Council meeting, Myron Carter made requests regarding road improvements on Golden Way and Claire Drive. These are private roads, however creek crossing projects for both roads are included in the Redevelopment Agency's capital improvement plans and will compete with other projects for funding priority. City crews do repair erosion around the water line in Golden Way but do no other maintenance. Council concurred to receive and file. ITEM 9 (1170-09) BUDWIN LANE DRAINAGE Staff report by City Manager Bowersox. On January 26, 1993 the City Council asked staff about the status of improving the drainage on Budwin Lane at Twin Peaks Road. In 1989 the City constructed a parking lot on San Diego Gas & Electric property on Budwin Lane. During every significant rain the parking lot collects deposits of mud and silt from the private portion of Budwin Lane and an earthen San Diego Gas & Electric easement. The drainage system of the private portion will eventually be improved by the Huntington Gate subdivision. Staff is determining the cost of installing a storm drain through the SDG&E easement around the parking lot. The other recurring storm damage will continue until the respective private property owners decide to pave Budwin Lane and improve the drainage along the west side. Council concurred to receive and file. ITEM 10 (1170-09) MAINTENANCE OF WATERCOURSES ON PRIVATE PROPERTY Staff report by City Manager Bowersox. At the January 12, 1993 City Council meeting, Councilmember Emery asked about the city's policy requiring the maintenance of watercourses on private property. Ordinance 85 requires property owners to maintain private watercourses, however an annual inspection is not done, unlike weed abatement. Few problems have arisen in the ten years since the ordinance was adopted. Council concurred to receive and file the report. 4811 Page 7 - CITY OF POWAY - February 23, 1993 ITEM 11 1206-01) USE OF PUBLIC EDUCATION/GOVERNMENT ACCESS TELEVISION (PEG) FUNDS Staff report by City Manager Bowersox. At the January 27, 1993 City Council meeting, Mayor Higginson requested staff report back regarding three potential projects using PEG funds, $125,000 provided by the cable companies as a condition of their franchises. The first, a closed circuit system that would allow a television monitor to be in the lobby of City Hall during overflow City Council meetings would cost approximately $18,000. The second, a public information kiosk that would function as a 24-hour City Hall system merging a personal computer with a laser disk player and software, is currently in use in several cities throughout the nation. The third, interactive information services that would be available via telephone and television once Cox's fiber optic system is in place, is currently in place in Carlsbad and Encinitas. The fiber optic system is scheduled to be installed in Poway this year. Staff recommends proceeding with the first two and start working with Cox Cable on an interactive system. Speaking in Larry opposition to staff recommendation: Cruse, 13734 Utopia, stated he had spoke to an information system person at UCSD where he works about this report and he questioned some of the recommendations. He has had to sit in the lobby during Council meetings and does not feel a television monitor is necessary since the sound is available. He also talked about the rapid development of technology and questioned whether we should move ahead with the information kiosk until the library is completed since that is the logical place to put the kiosk. Following discussion, Council concurred to not proceed with the lobby television, hold up on the information kiosk, and wait until the fiber optic system is complete to do further work on an interactive system. ITEM 12 (1170-04) PARTICIPATION AGREEMENT FOR SOLID WASTE DELIVERY TO COUNTY-WIDE SYSTEM Staff report by City Manager Bowersox. The participation agreement was proposed by the County to guarantee a reliable flow of solid waste to the landfills in order to make the bonds they plan to issue more marketable. By signing the agreement, cities guarantee that the solid waste generated within their boundaries is delivered to County landfills for 20 years. The County will form a Solid Waste Commission to give participating cities a voice, however not over fees or sites. There are two "guns" pointing at our head. If we don't sign the agreement by May 1, an additional 50% tipping fee will be charged for trash from Poway, and if we do sign we are committing ourselves virtually forever to the County system. 4812 Page 8 - CITY OF POWAY - February 23, 1993 City Attorney Eckis stated that the San Diego City Attorneys have discussed this agreement and have several fundamental problems with it. It needs a clear service covenant with reasonable guarantees of performance; rate protection and equity; apportionment of liability risks; a clear obligation to locate and develop disposal sites at the lowest possible cost and with the greatest protection to the environment, coupled with a remedy for failure to perform. He suggests a joint powers authority be formed rather than a commission to give the cities some say in rates and sites, that the period of the agreement be less than 20 years, and that we only be required to commit as much of our trash as they need to get funding in order to give us options if a more desirable means of solid waste disposal becomes available. This issue will be discussed at the SANDAG meeting this week and Council concurred to direct Mayor Higginson to bring up City Attorney Eckis's points and to send a letter to the other cities in the county stating our concerns with this agreement. Mayor Higginson stated he will report back at next week's meeting. ITEM 13 (1180-03) CITIZEN COMPLAINT RE USE OF TEMPORARY AUTO STORAGE LOT Staff report by City Manager Bowersox. At the February 9, 1993 City Council meeting Joe St. Lucas requested the auto dealers not be allowed to use the Redevelopment Agency property to the west of the Chrysler dealership for auto storage. The Ford dealer, who is currently using this property for storage of excess inventory, has requested an additional 90 days to locate another site. Council concurred with this request because of the sales tax the auto dealers are generating, but noted we do need to be a good neighbor and requested the cars be kept as much as possible to the front of the property. Staff will report back in 90 days. ITEM 13.1 (1503-03) SDCWA'S PROPOSED WATER RATE INCREASE Staff report by City Manager Bowersox. In May, 1990, the City Council asked that the San Diego County Water authority establish capacity charges, standby charges, and water rates that would make new growth pay a fair share of the capital improvement program costs. The SDCWA Board subsequently approved a water rate and capacity fee for new meters. On March 3, 1993, the SDCWA will consider a 27% increase in water rates, however they have not prepared an analysis to determine that the proposed water rate, coupled with the capacity charge and standby charge represents a fair split of costs between present and future users. Staff recommends that the City Council reaffirm their philosophy that revenue sources should be balanced so that new development pays a fair share of the SDCWA's capital improvement costs. Council concurred with staff's recommendation and Councilmember Cafagna requested a copy of the Water Authority's capital improvement plan. 4813 Page 9 - CITY OF POWAY - February 23, 1993 CITY ATTORNEY ITEMS City Attorney Eckis requested that his closed session request be continued to the next meeting. Council concurred. MAYOR AND CITY COUNCIL-INITIATEO ITEMS 29. Councilmember Emery stated that the City of Santee is preparing a public information program regarding the State's budget and its impact on the city budget and suggested Poway should do the same. Mayor Higginson stated that he and the City Manager are working on a plan and will report back soon. 30A. Council concurred with Councilmember Emery's suggestion that Mayor Higginson vote "no" on proposed salary increases for SANDAG's management staff since most of the cities are faced with no increases because of budget constraints. 3OB. Mayor Higginson appointed Greg Reden to the Housing Commission. 31A. Councilmember Snesko stated that the Sheriff reserve deputies provide a great service to the City and suggested that the City authorize an additional $420 to pay off the balance due for their sweaters. Motion by Councilmember Emery, seconded by Mayor Higginson to appropriate $420 for this purpose. Motion carried unanimously. 31B. Councilmember Snesko requested the discussion of televising City Council meetings be continued to the next meeting. 31D. Councilmember Snesko requested that a discussion of the future of Pomerado Business Park be removed from calendar. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:30 p.m., on motion by Councilmember Emery, seconded by Councilmember Snesko. rjo~rie~ K. Wahlsten, City Clerk City /of poway 4814