CC 1993 04-27 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 27, 1993
The April 27, 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
Mark Weston
Steve Streeter
Yolanda Collins
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Assistant Director of Planning Services
Sheriff's Captain
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATION
Mayor Higginson proclaimed May 2-8, 1993 as "Buddy Poppy Week" and presented the
proclamation to Joe Sanchez, Commander, VFW Post 7907, and Larry Swift, Buddy
Poppy Chairman.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson stated that Items 18 and 21 have been pulled by the public and
Item 19 by Councilmember Snesko.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the
Consent Calendar as follows:
Approval of Minutes - City Council
April 6, 1993, Regular Meeting
o
Approval of Minutes - Redevelopment Agency
April 6, 1993, Regular Meeting
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10. Ratification of Warrant Register - April 8, 1993
11. Acceptance of the replacement of a 4" sewer main from St. Andrews Pump
Station to Valle de Lobo Drive from C.E. Wilson Corporation. (1811)
12.
Adopt Resolution No. 93-061, entitled, "A Resolution of the City Council
of the City of Poway Annexing Territory to the Sewer Improvement District
of the City of Poway, Blakey Annexation" located at 13970 Sagewood
Drive. (1170-11)
13.
Adopt Resolution No. 93-062, entitled "A Resolution of the City Council of
the City of Poway Annexing Territory to the Sewer Improvement District of
the City of Poway, Michell Annexation" located at 13107 Avenida
Granada. (1170-11)
14.
Adopt Resolution No. 93-063, entitled, "A Resolution of the City Council
of the City of Poway Annexing Territory to the Sewer Improvement District
of the City of Poway, Misiewicz Annexation" located at 13658 Putney
Road. (1170-11)
15.
Adopt Resolution No. 93-064, entitled, "A Resolution of the City Council
of the City of Poway Annexing Territory to the Sewer Improvement District
of the City of Poway, Woods Annexation" located at 15938 Lime Grove
Road. (1170-11)
16.
Adopt Resolution No. 93-065, entitled, A Resolution of the City Council of
the City of Poway Annexing Territory to the Sewer Improvement District of
the City of Poway, Young Annexation" located at 17050 Edina Court.
(1170-11)
17.
Acceptance of Pony League ballfield renovation at Community Park from
Castello, Inc. (5621) (602-01 #179R)
20.
Award of bid for the construction of Creek Road Sewer to C.E. Wilson,
Corp. in the amount of $237,668.00 (1806) (602-01 #975)
22.
Approval of the following positions on pending legislation: support AB 8
(Connolly), which would require tagging beer kegs; oppose SB 695 (Leonard)
which would require an election to set any tax, assessment or fee,
including water, sewer and solid waste collection services fees; oppose AB
267 (Statham) which would allow counties with no incorporated cities to
receive vehicle and cigarette tax revenue as both a city and county;
oppose AB 1813 (McDonald) which would require Redevelopment Agencies to
invest at least 15% of its revenue towards the growth of minority, women,
and small business enterprises; oppose AB 2010 (Brulte) which would
prohibit a Redevelopment Agency from bringing a legal action against
another public agency that does not have jurisdiction to conduct its
activities within the agency's project area; support SB 450 (Dills) which
attempts to clarify local regulatory authority in existing law and would
revise the definition of "authorized recycling agency"; oppose SB 552
(Hughes) which would require all local agencies to adopt minority, women,
and disabled veteran business enterprise participation goals at least
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those of the state's; support AB 200 (T. Friedman) as amended by
Assemblyman Goldsmith regarding prevailing wage rates; support SB 1234
(Hurtt), companion measure to Assemblyman Goldsmith's AB 193 regarding
prevailing wage rates; support SB 1204 (Lewis) which would revise the
calculation of prevailing wage rates; support AB 11 (Eastin) which
attempts to stimulate recycled product markets; oppose AB 1484 (Speier)
and SB 1154 (Watson) which would grant county emergency medical services
authority over all EMS providers in the county's jurisdiction; support AB
692 (Richter) which would amend certified mail to first class mail in
mailing community redevelopment plan notices; oppose AB 1887 (Hauser)
which would revise allocation procedures for the payment of tax revenue to
redevelopment agencies; oppose SCA 22 (Maddy) and SB 1114 (Maddy) which
would require public safety services to be the "first responsibility" of
cities and counties; support SB 48 (Alquist) and AB 161 (Willie Brown)
which would extend the one-half cent sales tax rate, due to cease on July
1, 1993, indefinitely; oppose AB 1678 (Bowen) which would require state
determination of general plan requirement compliance; support AB 2286
(Pringle) which attempts to clarify the existing booking fee situation;
oppose AB 981 (Hauser) which would require redevelopment agencies to
identify historically significant properties within a redevelopment
project area. (701-11)
22.1
Adopt Resolution No. 93-066, entitled, "A Resolution of the City Council
of the City of Poway, California Rescinding Resolution No. 85-095," which
established criteria for time extension of tentative tract maps and
tentative parcel maps. (Confirming action taken April 20, 1993, Item
3OB) (203-01)
22.2
Adopt Resolution No. P-93-19, entitled, "A Resolution of the City Council
of the city of Poway, California, Denying Conditional Use Permit 92-10,
Assessor's Parcel Number 317-490-57," Richard Darr, applicant.
(Confirming action taken April 20, 1993, Item 5) (203-08)
Motion carried unanimously.
ITEM 4 (401-30)
COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC STIMULUS FUNDING PROPOSAL
Mayor Higginson did not open the public hearing on this item since Congress did
not approve President Clinton's economic stimulus package which would have
provided additional CDBG funding for cities.
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ITEM 5 (203-01)
TENTATIVE TRACT MAP 89-05
APPLICANT: FAMSTE INVESTMENT CO., INC.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one-year time extension for a 13 lot division
of 75.4 acres located at the northeast corner of Poway and Espola Roads. Staff
recommends approval.
Speaking in favor of staff recommendation:
Frank Fitzpatrick, Manitou Engineering,
three year time extension.
350 W. 9th Avenue,
requested a
Following query by Council, City Attorney Eckis stated that under the Municipal
Code provisions Council could grant this request, however past practice has been
to only grant one year extensions.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-93-20, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Tract
Map 89-05 Time Extension, Assessor's Parcel Number 321-200-44, 47," as
recommended by staff. Motion carried unanimously.
ITEM 6 (203-08)
CONDITIONAL USER PERMIT 93-01
DEVELOPMENT REVIEW 93-01
APPLICANT: TECH BUSINESS CENTER/
ORKIN EXTERMINATING COMPANY, INC.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a 2,775 square foot industrial building for
Orkin Exterminating Company in Tech Center West which will house storage for a
pest extermination business. Staff recommends approval with two amendments to
the Resolution regarding fire hydrants and awning materials.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-93-21, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 93-01 and Development Review 93-01, Assessor's Parcel Number 317-271-51,"
as amended by staff. Motion carried unanimously.
ITEM 7 (701-04)
REPORT RE "BUBBLE ORDINANCES"
Staff report by City Attorney Eckis. On March 16, 1993, the City Council asked
staff to prepare a report on "bubble ordinances" of the type recently adopted by
San Diego and San Jose. The Penal Code prohibits physical obstruction of health
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clinics. Bubble ordinances are designed to prohibit harassment which falls short
of physical obstruction. If the Council wishes to adopt such an ordinance,
special findings would need to be made.
Council concurred to receive and file the report.
ITEM 7.1 ((602-01, #824 and #839)
AMENDMENT TO AGREEMENTS WITH CITY OF SAN DIEGO
REGARDING EARLY OPENING OF SCRIPPS POWAY PARKWAY
Staff report by City Manager Bowersox. To achieve an early opening of the
Scripps Poway Parkway in the east direction from Mercy Road interchange,
additional costs may be incurred by the contractor rebuilding the interchange.
The City of Poway proposes to reimburse the City of San Diego for extra costs,
estimated to be $10,000 to $20,000. Staff recommends amending the letter
agreement dated May 15, 1991 and the Memorandum of Understanding between the two
cities dated August 25, 1992.
Motion by Councilmember Emery, seconded by Councilmember Snesko to authorize the
City Manager to execute the amendments. Motion carried unanimously.
ITEM 7.2 (601-01, #9)
AMENDMENT TO PERS CONTRACT
Staff report by City Manager Bowersox. Meet and confer agreements with both non-
safety and management group employees stipulate an amendment to the retirement
plan for the provision of One-Year Final Compensation formula for local
miscellaneous members effective June 21, 1993. Staff recommends adoption of a
Resolution of Intention and first reading of an Ordinance to accomplish this.
Mayor Higginson read the title of Ordinance No. 412, "An Ordinance of the City
of Poway,Authorizing an Amendment to the Contract Between the City Council and
the Board of Administration of the California Public Employees' Retirement
System."
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 93-067, entitled, "A Resolution of Intention of the City Council
to approve an Amendment to Contract Between the Board of Administration of the
Public Employees' Retirement System and the City of Poway, California," waive
further reading of Ordinance No. 412 and continue to May 18, 1993 for second
reading. Motion carried unanimously.
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ITEM 18 (602-01, #173R)
ACCEPTANCE OF PEDESTRIAN BRIDGES
POWAY CREEK AT RATTLESNAKE CREEK AND CARRIAGE ROAD
Mayor Higginson stated that this item was pulled from the calendar by the public.
Staff report by City Manager Bowersox. The pedestrian bridges across Poway Creek
at Rattlesnake Creek and Carriage Road have been completed by the contractor,
Ronald L. Harris Construction Company, and are ready for acceptance.
Speaking in opposition to staff recommendation:
Robert Good, 12730 Soule Street, stated that excess concrete, rebar, and
angle iron was pulled into the creek by the contractor and needs to
be cleaned up before this project is accepted.
Larry Cruse, 13734 Utopia, asked about an encroachment on private property
on the north side of the creek by this project. Director of
Engineering Services Weston stated that there was a one foot
encroachment due to an error by the engineering firm who designed
the project. Staff negotiated a 10 square foot easement and the
engineering firm paid the property owner for the easement.
Motion by Councilmember Emery, seconded by Councilmember Snesko to accept the
project and directed staff to ensure that the construction debris is cleaned out
of the creek. Motion carried unanimously.
ITEM 19 (602-01, #168R)
ACCEPTANCE OF HILLEARY PARK, PHASE II
Mayor Higginson stated this item was pulled from the Consent Calendar by
Councilmember Snesko. He asked about accepting this project before the grass is
thriving. Director of Engineering Services Weston stated we have $50,000
retention amount to ensure its germination.
Motion by Councilmember Emery, seconded by Councilmember Snesko to accept
Hilleary Park Phase II from Castello, Inc. (5609)
ITEM 21 (203-11)
LATE GENERAL PLAN AMENDMENT APPLICATION
Mayor Higginson stated this item was pulled from the Consent Calendar by the
public. Staff report by City Manager Bowersox. Because the appropriate land use
for their property was the subject of consideration in the Old Pomerado Road
Specific Plan, the owners of the property at the southwest corner of Stowe Drive
and Pomerado Road did not apply for a General Plan Amendment/Zone Change during
the filing period for the June, 1993 hearings. The owners are requesting
authorization for late filing of an application. Since there is only one General
Plan Amendment set aside for the public each year, it would be June, 1994 before
this could be considered if the Council does not concur with their request.
Staff recommends approval since they have a valid reason and much of the analysis
concerning an application was completed as part of the specific plan preparation
process.
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Speaking in opposition to staff recommendation:
William Hickey, Sr., 13204 Ridgedale Drive
Robert Good, 12730 Soule Street
Kennon Dial, 12311 Boulder View Drive
Speakers stated that deadlines should not be waived.
Speaking in favor of staff recommendation:
Neville Bothwell, 12729 Stone Canyon Road, stated the necessary studies
have been completed and staff does not need the lead time normally
given by the application deadline and a year's delay is unreasonable
under the circumstances.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to accept the
late application. Motion carried unanimously.
ITEM 24 (1170-04)
SOLID WASTE PARTICIPATION AGREEMENT
City Attorney Eckis stated the Steering Committee appointed by SANDAG to review
the proposed Solid Waste Participation Agreement made progress this week in
reaching consensus on a process to be followed. They are making two
recommendations to SANDAG on Friday: 1) That an Interim Commission be formed
pursuant to a modified Participation Agreement. The principal purpose of the
Commission would be to recommend a permanent form of governance for regional
control of solid waste, probably a full-empowered Joint Powers Authority; and 2)
That each participant in the Commission would commit immediately 50% of its flow
to the County for the term of bonding necessary to finance improvements to the
San Marcos site. Each participant would have an additional six months to commit
their remaining 50% to the Commission without surcharge. Surcharge thereafter,
if any, would be established by the Commission. The second recommendation is
contingent on the Regional Water Quality Control Board approving expansion of the
San Marcos landfill when they meet next week.
Council concurred for Mayor Higginson to support the Steering Committee's
recommendation at SANDAG and commended City Attorney Eckis for facilitating the
consensus process.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 7:50 p.m. on motion by Councilmember
Snesko, seconded by Councilmember Emery.
Ma~jo)~ie~K. Wahlsten, City Clerk
City ~f P~oway
4885