CC 1993 03-23 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 23, lgg3
The March 23, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 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
Garry MacPherson
Yolanda Collins
Patrick Foley
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
Battalion Chief
Sheriff's Captain
Principal Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to adopt the
Consent Calendar as follows:
13.
Approval of Minutes - City Council
February 23, 1993, Regular Meeting
March 2, 1993, Regular Meeting
15. Ratification of Warrant Register for March 4, 1993
(4Ol-]O)
16.
Approval of 12-month extension of existing loan guarantee of $25,000 to
the ARTS ALIVE! Foundation, allowing the Foundation to draw down as needed
on a line of credit with San Diego Trust and Savings. (704-19)
17.
Confirmation of Dennis Masur as Chairman of the Performing Arts Advisory
Committee for a second one-year term. (701-09)
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18.
Receive and file semi-annual review of Conditional Use Permit g0-11, the
Future Farmers of America (FFA) animal facility located southwest of Lake
Poway Park in the Rexrode Wilderness Area. (203-08)
19.
Acceptance of public improvements and release of securities for Tentative
Parcel Map 90-04, Wal-Mart Stores, Inc. applicant; located south of
Hilleary Place between Community and Midland Roads. (602-01, #888)
20.
Acceptance of Poway Library projects: A) asbestos removal from
Environmental Control systems (602-01, #181R); and B) Phase I, Interior
Demolition from Randazzo Construction. (601-02 #184R).
20.1 Appropriation of additional $30,000 from the Capital Replacement fund for
the employee Computer Loan Program. (502-05)
Motion carried unanimously.
ITEM 5 (203-01)
TTM 89-12/VAR 93-02 TIME EXTENSION
APPLICANT: MILIVOJ & EVA MARINKOVIC
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On April 2, 1991, the City Council approved Tentative Tract Map 89-12
and Variance 91-01, a six lot subdivision of 2.23 acres on the east side of
Pomerado Road approximately 350 feet south of its intersection with Stone Canyon
Road. The applicant is requesting a time extension and since the criteria for
granting a time extension has been met staff is recommending approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery, to close the
public hearing and adopt Planning Resolution No. P-93-10, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Tract
Map 89-12TE and Variance 93-02, Assessor's Parcel Number 275-810-17." Motion
carried unanimously.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 93-01
APPLICANT: PAUL ZIMMER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a lighted tennis court on a lot with
an existing single family dwelling located at 15648 E1 Camino Entrada. Staff
recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-93-11 entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 93-01, Assessor's Parcel Number 275-270-66." Motion carried
unanimously.
ITEM 7 (602-01, #970)
REIMBURSEMENT AGREEMENT
STONE CANYON ROAD SEWER MAIN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. LaSalle Talman Bank will be constructing a sewer main in Stone Canyon
Road and Fallen Leaf Road which will benefit other property owners. A
reimbursement agreement will allow the Bank to be reimbursed when those
benefitting property owners hook up to the sewer main.
Speaking in favor of staff recommendation:
Richard Rauch, 13229 Stone Canyon Road
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and approve the Reimbursement Agreement with a cost per lot of
$4,738.32 for 14 properties, not including sewer connection fees. Motion carried
unanimously.
ITEM 8 (1207-01)
POWAY TRANSIT SERVICES
FISCAL YEAR 1993-94
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff is recommending modifications to stay within the city's 1993-94
estimated allocation of $733,812 in Transportation Development Act (TDA) funds,
including: 1) increase fixed route 844 peak hour service; 2) increase the fare
for airporter service fees to $18 for single passenger and 10% for other group
fare; and 4) include the call-a-ride service in the new regional ADA
senior/disabled services contract.
There was no one present wishing to speak.
Council requested staff prepare a report on how we can designate our unallocated
reserves for future projects so that they don't appear as "unallocated."
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 93-042 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving an Increase in Fares for
the Poway Airport Transportation Service and Rescinding Resolution No. 90-218,"
and authorizing staff to implement the recommended transit service modifications.
Motion carried unanimously.
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ITEM 9 (701-04)
ORDINANCE NO. 411/FIRST READING
1991 UNIFORM BUILDING CODE
Mayor Higginson opened the public hearing and read the title of Ordinance No.
411, "An Ordinance of the City of Poway, California, Amending Chapters 15.02,
15.04, 15.08, 15.12 and 15.16 of the Poway Municipal Code adopting the 1991
Uniform Building Code and Associated Technical & Administrative Codes." Staff
report by City Manager Bowersox. In 1989 the City Council adopted the 1988
version of the UBC and associated technical codes. These codes have been
replaced by the 1991 codes which are currently being enforced based on state law.
It is necessary for the City Council to specifically adopt amendments to the
codes to incorporate special fire proof roofing requirements which are necessary
because of the fire hazards associated with Poway's location. Staff has also
prepared a revised fee schedule to be adopted at second reading of the ordinance
which was originally proposed in March, 1992. At that time Council decided to
wait for the outcome of the management audit and fee studies. Those studies have
recommended that the building fees be increased.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading, continue the public hearing to April 6, 1993 for second reading and
adoption of the Resolution amending the fee schedule for building inspection
services. Motion carried unanimously.
ITEM 10 (1402-02)
LIBRARY EXTERIOR REDESIGN
Staff report by City Manager Bowersox. Councilmembers Callery and Cafagna met
with the architect and others as directed on February 23, 1993 to explore ways
to give the exterior of the proposed library more of a "Poway look." They will
present their results on April 6, 1993. Council concurred to receive and file
the report.
ITEM 11 (1160-01)
GARDEN ROAD SCHOOL TRAFFIC
Staff report by City Manager Bowersox. On March g, 1993, the City Council
requested staff prepare a report regarding relocation of the crosswalk at Garden
Road School, costs of improvements and an adult crossing guard. Staff prepared
three alternatives to relocate the crosswalk and recommends A which includes
relocation to the front of the school; relocation of the westbound flashing
beacon to the east school property line; and installation of asphalt curb,
sidewalk and extension of bike lane to connect existing facilities with the new
crosswalk location at a cost of approximately $22,000.
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Speaking in favor of staff recommendation:
Randy Wilkins, 14617 Acton Court
Connie Spitzer, 16028 Paragon Mesa Road
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve
Alternative A; appropriate $22,000 from Street Maintenance funds for design and
construction; and fund an adult crossing guard as soon as possible. Motion
carried unanimously.
ITEM 12 (1180-05)
CONTRIBUTION TO HIGH FIVE AMERICA
Staff report by City Manager Bowersox. On May 5, 1992, the City Council approved
a $1,000 contribution to High Five America to help fund the establishment of the
Poway High School High Five American Campus Club, Sports Spectacular Assembly,
drug and alcohol abuse education program for parents, and a boys and girls
basketball camp. The campus club has requested $5,000 this year. The request
meets the city's contribution criteria and staff recommends a $1,000 contribution
which leaves $2,290 in the contribution fund.
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve a
donation of $1,000 to High Five America to assist the Poway High School High Five
America Team for the 1992-93 school year. Motion carried unanimously.
DISCUSSION WITH SUPERVISOR DIANNE JACOB
Supervisor Dianne Jacob, who was scheduled under Item 3, had entered the meeting
and was invited forward to make her planned presentation and participate in
discussion of Items 12.1, 25A, 25B, and 27A. Supervisor Jacob stated that one
of her first priorities on taking office in January was to get the East Mesa
Detention Facility opened and that has happened. She also presented her
"Citizen-Based Budget Principles," and cited how she and her staff are saving
money by painting their own offices, not using a gold seal on the business cards,
etc.
ITEM 12.1 (1170-04)
SOLID WASTE PARTICIPATION AGREEMENT
Staff report by City Manager Bowersox. Following the City Council's discussion
at the February 23, 1993 meeting, the Council authorized the Mayor to express
concerns about the proposed Solid Waste Participation Agreement at SANDAG's
February 26, 1993 meeting, suggesting that the agreement should provide for less
than a total commitment of the waste stream, have a term of less than 20 years,
and include a better means for sharing decision making. Following a brief
discussion at SANDAG, it was decided that an in depth hearing would be held on
March 26, 1993 at what has been termed a "Trash Summit."
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Following discussion with Supervisor Jacob about cities' willingness to share in
the solution to the San Marcos problem without precluding an alternate future
solid waste solution, motion by Councilmember Emery, seconded by Councilmember
Callery to reaffirm its position of February 23, 1993 with respect to the subject
agreement by confirming the recommendations of the San Diego County City Managers
and City Attorneys dated March 19, 1993. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25B.
Councilmember Emery stated that the recent news articles regarding a
proposed pay increase for Deputy Sheriffs caused concern since all the
cities are cutting positions and this increase will impact our budget.
Supervisor Jacob explained this increase will be effective July, 1994 and
other benefits had been reduced in exchange. She requested a letter
regarding the impact on our budget and agreed that public perception is
important.
27A.
Councilmember Snesko reported on the retreat held last Saturday for the
Board of the San District and stated that a mission statement had been
drafted. He asked Supervisor Jacob, another Board member, to comment on
the proposed changes to the voting procedure. She agreed that the present
weighted vote procedure will not work and Poway's suggested changes are
the only other proposal "on the table" at this time. City Attorney Eckis
stated that the March 26 meeting will show how the two City of San Diego
representatives feel and whether they will recommend a change to the San
Diego City Council. He noted that the weighted vote procedure was
established in the district's enabling legislation and any change would
have to be done by the State legislature.
25A.
Councilmember Emery referred to a recent meeting where both the County's
Hazardous Materials Management Department and the State Regional Water
Quality Control Board declined to accept the $85,000 in emergency State
funding to take steps to stop the seepage of fuel into the Creek from
13123 Poway Road. Supervisor Jacob stated she had just learned of this
situation today and this will be on the March 30 Board of Supervisors
agenda to take action to do the emergency work. It was noted that the
District Attorney has had information for some time to bring criminal or
civil action against the property owner and has not taken action.
Supervisor Jacob requested a letter with the pertinent information so that
she can pursue this with the District Attorney.
The City Council thanked Supervisor Jacob for her attendance which had been
scheduled at her request and noted it was fortunate that all these agenda items
were scheduled at a meeting when she was present to participate in the
discussion.
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CITY MANAGER ITEMS
21.
City Manager Bowersox reported that the latest League of California Cities
Legislative Bulletin included information regarding our community
education program on the proposed State budget. Councilmember Callery
stated that the information booth at the Farmer's Market was successful
with the majority of the public being very supportive of the City's
position.
MAYOR AND CITY COUNCIL INITIATED ITEMS
24.
Councilmember Callery reported that Assemblyman Jan Goldsmith has
introduced AB 764 which would authorize cities that have not identified
adequate housing sites to meet affordable housing requirements by
identifying sites and expending funds outside the city's jurisdiction, and
to establish that the conversion and rehabilitation of affordable housing
would contribute to the total number of fair share housing rather than
requiring new construction. It is due to be heard in Committee tomorrow
and will require our active support at a later date. Mark Gordon, 17206
Pinot Place, representing the Green Valley Civic Association and Vineland
Hills Homeowners Association spoke in favor of this legislation.
26A.
Mayor Higginson noted that the primary item on the SANDAG March 26 agenda
is the Solid Waste Participation Agreement which was discussed under Item
12.1.
26B. Mayor Higginson confirmed Vicki Lazowski as Chairman of the Business
Advisory Committee.
27B.
Councilmember Snesko noted that the basketball courts at Hilleary Park are
very busy and suggested that the City install a lighted basketball court
at Garden Road Park. He also suggested a "cage" backstop and improvement
of the playing field surface at the school. Council concurred to refer
these items to the Parks & Recreation Committee.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, Poway Town & Country Shopping Center v. city
of Poway/Poway Redevelopment Agency.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:35 p.m.
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CALL TO ORDER AND ADJOURNHENT
Mayor Higginson called the meeting back to order at 9:58 p.m. and announced that
action had been taken in closed session. Motion by Councilmember Cafagna,
seconded by Councilmember Callery to instruct the City Attorney to proceed with
Phase 2 of the arbitration. Motion carried 3-2 with Councilmembers Emery and
Snesko voting "no."
Mayor Higginson adjourned the meeting at 10:00 p.m. on motion by Councilmember
Cafagna seconded by Councilmember Callery.
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