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CC 1993 03-16 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR REETING MARCH 16, 1993 The March 16, 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. COUNCILNEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF HEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Patrick Foley Peter Moote City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Safety Services Principal Management Analyst Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COH~UNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Orval Hill, 13001 Bowron Road, thanked the Council for the improved drainage at the intersection of Bowron Road and Civic Center Drive and suggested a traffic signal would be helpful. He also stated that proposed changes to the call-a-ride program won't work. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 10. Ratification of Warrant Register for February 25, 1993 (401-10) 11. Adoption of Resolution No. P-93-09, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 93-03, Assessor's Parcel Number 272-761-25," Hillside/Ridgeline for Lily and John Bifone at 17982 Highlands Ranch Place. (203-10) 4826 Page 2 - CITY OF POWAY - March 16, 1993 12. 13. 14. 15. Rejection of low bidder, Krueger Landscape, and award of bid to Pac West Land Care, Inc. for Landscape Maintenance District 83-1 in the amount of $28,032.00. {602-01, #968) Rejection of low bidder, Krueger Landscape, and award of bid to Pac West Land Care, Inc. for Landscape Maintenance District 86-1 in the amount of 49,884.00. (602-01, #915) Rejection of low bidder, Krueger Landscape, and award of bid to Pac West Care, Inc. for Landscape Maintenance District 86-3 in the amount of $9,360. (602-01, #969) Rejection of bids for Landscape Maintenance District 86-2; authorization to extend option for one-year to Pac West Land Care, Inc. for SilverRidge and Sunrise Ranch, and to rebid Sycamore Creek. (601-03) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 408/SECOND READING WATER CONSERVATION PLAN AND TIERED WATER BILLING STRUCTURE Mayor Higginson read the title of Ordinance No. 408, "An Ordinance of the City of Poway, California, repealing Ordinance No. 243 and Ordinance No. 336 and Enacting Chapter 8.94 of the Poway Municipal Code Entitled, "Water Conservation Plan." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Calleryto waive further reading, close the public hearing and adopt Ordinance No. 408. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-040, entitled "A Resolution of the City Council of the City of Poway, California, Establishing a Tiered Water Rate Structure for Stages V through VII of the 7-Stage Water Conservation Ordinance." Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 409/SECOND READING PROHIBITING PICKETING OF PRIVATE RESIDENCES Mayor Higginson read the title of Ordinance No. 409, "An Ordinance of the City of Poway, California, Adding Chapter 9.02 to the Poway Municipal Code to Prohibit Picketing of Private Residences." There was no one present wishing to speak. 4827 Page 3 - CITY OF POWAY - March 16, 1993 Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive further reading, close the public hearing and adopt Ordinance No. 409. Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 410/SECOND READING ALLOWING TACK AND FEED STORES IN CC ZONE Mayor Higginson read the title of Ordinance No. 410, "An Ordinance of the city of Poway, California, Amending Chapter 17.10 of Title 17 of the Poway Municipal Code to Allow Feed and Tack Stores to Locate in the Community Commercial (CC) Zone if Permitted by Conditional Use Permit." There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive further reading, close the public hearing and adopt Ordinance No. 410. Motion carried unanimously. ITEM 7 (1110-01) SCREENING BERM SCRIPPS POWAY PARKWAY Staff report by City Manager Bowersox. On January 26, 1993, Council approved a four foot high berm along that portion of the Scripps Poway Parkway visible from the Garden Road area and requested additional information regarding landscaping, contour grading the fill slopes and cost of a six foot berm. Staff is recommending a landscaping plan to create a visual barrier on top of the berm, described the contour grading; and estimates a six foot berm to cost between $90,000 and $120,000 for additional fill and easement acquisitions. Speaking in favor of staff recommendation: Randy Wilkins, 14617 Acton Court, asked about maintenance of the landscaping. City Manager Bowersox stated it would be included in the Landscape Maintenance District for the South Poway Business Park. Motion by Councilmember Snesko, seconded by Councilmember Emery to approve the conceptual landscape design with the four foot berm and direct staff to incorporate it into the project design. Motion carried unanimously. ITEM 8 (205-04) 1992-93 MID-YEAR BUDGET 1993-94 BUDGET PROJECTIONS Staff report by City Manager Bowersox. He stated he would be giving the City Council the talk that he has been giving the City employees this past week. In 1992 the State shifted $1.3 billion of local tax dollars including 9% of Poway's 4828 Page 4 - CITY OF POWAY - March 16, 1993 property tax revenues or $357,081. This is a permanent shift. In addition $1.5 million of Redevelopment funds were shifted to the State. The projections for our 1993-94 budget shows a $1.4 million shortfall which is a temporary number since the Governor's proposed budget includes an additional 13% shift of property taxes. Also contributing to this shortfall is a reduction in property tax revenue due to reassessments. He cited the two studies currently being conducted, a management audit by Hughes, Heiss and a revenue study by MSI. The Hughes, Heiss study will be used to "right size" the organization and, depending on the final 1993-94 budget numbers, we are anticipating some employee layoffs and cuts in programs over the course of the year. There will be no personnel cuts proposed in safety services. He also reported that general obligation bonds sold in 1978 to finance new fire stations and equipment had not been totally expended and with 14 years interest amounts to $625,000. Staff proposes that these funds be applied to the purchase of the new fire trucks and general fund monies allocated for that purpose can be applied to the Capital Replacement Fund. Following discussion, motion by Councilmember Emery, seconded by Councilmember Cafagna to direct staff to continue efforts to achieve a balanced General Fund for fiscal year 1992-93 and apply surplus fire bond revenue to permit departmental contributions to the Capital Replacement Fund; and adopt Resolution No. 93-041, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Mid-Year Budget Adjustments for Fiscal Year 1992-1993." Motion carried unanimously. ITEM 9.1 (203-23) WAIVER OF FEES FLOOD DAMAGED RESIDENCE/14305 YORK AVENUE Mayor Higginson stated this item would be taken out of order. Staff report by City Manager Bowersox. The home at 14305 York Avenue was damaged during floods on January 7, 1993. It was constructed in a low-lying area between York Avenue and Sycamore Avenue, south of Norwalk Street prior to floodplain mapping in the area. The owners wish to rebuild on a higher point on the lot and staff recommends that certain fees be waived. Motion by Councilmember Emery, seconded by Councilmember Callery to find that unusual and hardship conditions exist for the relocation and reconstruction of a home located at 14305 York Avenue and relocating the home will enhance drainage conditions in the area; and to waive traffic mitigation fee, park fee, drainage fee, variance fee, MDRA fee, and fee workup charges totaling $5,280 associated with the issuance of a building permit. Motion carried unanimously. ITEM 9.2 (1180-02) REVISION TO PUBLIC INFORMATION CAMPAIGN REGARDING PROPOSED STATE BUDGET IMPACTS (Councilmember Cafagna left the room.) 4829 Page 5 - CITY OF POWAY - March 16, 1993 Staff report by City Manager Bowersox. Following the March 9, 1993 meeting, the City Attorney determined that parts of the public information campaign approved by the City Council was more political than informational. As a result staff is recommending that the City Council approve revisions including rewording the signs and informational material, and deleting the bumper stickers. Councilmember Callery requested that the sign state when the $2.2 million was transferred to the State. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve staff recommendation. Motion carried 4-0 with Councilmember Cafagna out of the room. (Councilmember Cafagna re-entered the meeting.) ITEM 9 (1503-17) SAN DIEGO AREA WASTE WATER NANAGENENT DISTRICT STATUS REPORT Staff report by Director of Engineering Services Weston. In September, 1992, SB 1225 was signed by the Governor enacting the San Diego Area Wastewater Management District Act which creates a district (San District) to replace the Metropolitan Sewerage System. On January 27, 1993 the Board of Directors, including Councilmember Snesko, was seated. At the first meeting, the City of San Diego moved to use the weighted vote to select a chairman since there were two nominees. This method of voting was put in the legislation but its early use has caused some concern among the cities because there is no consensus building and gives the City of San Diego control of the District with the vote of any other agency. City Attorney Eckis and Director of Engineering Services Weston are suggesting either a change in the weighted vote or giving San Diego a veto. It would require legislation to change. There will be a one-day retreat this Saturday for the Board and these concerns will be discussed. Councilmember Snesko will report back next week regarding the retreat. CITY ATTORNEY ITEMS City Attorney Eckis stated that he has distributed the opening brief and reply brief to the City Council regarding the Poway Town & Country v. Poway arbitration. The arbitration takes place Thursday and Friday and we should have a ruling next week. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Callery stated there are some tenants at Poway Royal that just miss qualifying for rental assistance and requested staff look at amending the requirements. Staff will report back in four weeks. 20. Councilmember Emery reported that there is a pothole on Derringer Road north of Durhullen. 4830 Page 6 - CITY OF POWAY - March 16, 1993 21. Mayor Higginson announced that Jerry Long will be the chairman and Jerry Hargarten the vice chair of the Poway Road Specific Plan Advisory Committee. 22. Councilmember Snesko stated the new Lake Poway parking stickers are not visible to the general public. Council concurred that the bright blue stickers used previously was a good means of determining Poway residents for other purposes. ADOOURNMENT Upon motion by Councilmember Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, March 18, 1993. The time of adjournment was 8:25 p.m. Marjo~ie l~. Wahlsten, City Clerk City d~ay 4831 NO TICE NOTICE IS HEREBY GIVEN THAT THE MARCH 16 1993, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF ADJOURNMENT Upon motion by Councilmember Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, March 18, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 8:25 p.m. Marjor~e~(. Wahlsten, City Clerk City o~way, California March 17, 1993 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approximately 10:00 a.m. Dated at Poway, California, on March 17, 1993 Marjori~ K~ Wahlsten, City Clerk City of~_~y, California