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CC 1993 05-25 CITY OF POWAY, CALIFORNIA MINUTES OF THE CXTY COUNCIL REGULAR MEETING MAY 25, lgg3 The May 25, 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 Tamara Smith John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Les Berglund Steve Streeter David Narevsky Dan Cannon Jim Nessel Janis Acosta City Manager City Clerk Assistant City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Planning Services Acting Director of Public Services Assistant Director of Planning Services Redevelopment Manager Parks & Landscape Manager Senior Planner Management Analyst PROCLAMATION Mayor Higginson proclaimed October, 1993, as "Alcohol, Tobacco and Other Drug Abuse Prevention Month" and presented the proclamation to Dr. Frank Goldsmith, President of the CLEAN Foundation. 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 wishing to speak: Randy Wilkins, 14617 Acton Court, thanked the City Council for their prompt action to move the cross walk in front of Garden Road School. o Betty Rexford, 11570 Creek Road, stated people are still illegally dumping dirt on Creek Road and suggested signs be posted prohibiting truck traffic. o Paul Rexford, 11570 Creek Road, also spoke against truck traffic on Creek Road. 4909 Page 2 - CITY OF POWAY - May 25, 1993 ITEM 5 SAN DIEGO COUNTY WATER AUTHORITY REPORT Linda Brannon, Poway's Director on the San Diego County Water Authority, stated she will be reporting regularly to the City Council. She currently serves as chairperson of the fiscal policy committee and is on the public information committee. She briefly reviewed the activity on rate setting and capital improvement program activities. CONSENT CALENDAR Mayor Higginson stated that Items 28 and 28.1 have been pulled from the Consent Calendar by the public. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 24. Ratification of Warrant Register for May 6, 1993 (410-10) 25. Approval of City's Investment Report for April 30, 1993. (408-01) 26. Award of bid for performance testing on water wells at Old Poway Park and Garden Road Park, to Bob Beeman Drilling of Ramona in the amount of $9,000. (602-01, #982) 27. Semi-Annual review of Conditional Use Permit 91-01, the Poway Archery Range located on a one acre site in the northwest portion of the Lake Poway Recreation Area. (203-08) Motion carried unanimously. (Councilmember Snesko left the room.) ITEM 7 (701-04) ORDINANCE NO. 413/SECOND READING AMENDING PURCHASING PROCEDURES Mayor Higginson read the title of Ordinance No. 413, "An Ordinance of the City of Poway, California Amending Chapter 3.28 of the Poway Municipal Code Regarding Purchasing Procedures for the City of Poway." Staff report by City Manager Bowersox. This Ordinance requires the City purchase recycled products whenever practical. There was no one present wishing to speak. Motion byCouncilmember Emery, seconded by Councilmember Callery to waive further reading and adopt Ordinance No. 413. Motion carried 4-0 with Councilmember Snesko out of the room. (Councilmember Snesko re-entered the meeting.) 4910 Page 3 - CITY OF POWAY - May 25, 1993 ITEM 6 (203-22R) AMENDED REDEVELOPMENT PLAN Mayor Hi§ginson noted that this hearing is conducted as a joint meeting of the City Council and Redevelopment Agency on the final environmental impact report and the related proposed amendment to the Redevelopment Plan for the Paguay Redevelopment Project Area. City Manager Bowersox stated that the Health & Safety Code, Section 33000 et seq sets forth the procedure for adopting a Redevelopment Plan amendment. Additionally, Section 21000 et seq of the Public Resources Code sets forth the procedure for adopting an Environmental Impact Report. Both of these items are the subject of this joint hearing. Agency Counsel Tom Clark entered Exhibit A, affidavit of publication of Notice of the Public Hearing; Exhibit B, certificate of mailing of Notice of Public Hearing to each property owner in the Project Area as shown on the last equalized assessment roll, and to persons, firms, or corporations which have acquired property within the Project Area from the Agency; and Exhibit C, certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Area, into the record. City Manager Bowersox stated the plan amendment would lift the revenue cap from $408 million to $3.5 billion; extend the life of the plan to 37 years from the adoption of the amendment; extend the time for use of condemnation procedures (which will not be used on residential properties); and extend the time to incur debt to 20 years. There was a brief slide presentation showing projects constructed in the Project Area. A list of what has been accomplished since the original plan was adopted in 1983 and what remains to be done was distributed. Environmental consultant Mark Blodgett of David Evans & Associates reviewed the process followed in preparing the EIR and stated the Redevelopment Plan is consistent with the General Plan. Tom Tremble, Chairman of the Redevelopment and Housing Advisory Committee, stated their Committee unanimously recommends adoption of the amended plan. The Committee supports the Agency's efforts to improve the Project Area and adjacent neighborhoods through the provision of infrastructure improvements and public facilities. The Council concurred to receive and file their report. City Manager Bowersox stated the Agency has reached agreement with the taxing agencies as required. In some cases, a written agreement has not been prepared but the "deal points" have been agreed to. Staff recommends approval, subject to agreement by the City Attorney. Motion by Councilmember Snesko, seconded by Councilmember Emery to approve Items 8 through 14 as follows: 8. Approve tax sharing agreement with the Palomar Community College for one- time payment of $5,200,000 and percentage of tax increment when the Original Plan Cap Amount is reached, approximately the year 2011. (602-01 #193R) 4911 Page 4 - CITY OF POWAY - May 25, 1993 Approve tax sharing agreement with Pomerado Cemetery District for full pass-through minus the required 20% housing funds when the original Plan Cap Amount is reached. {602-01 #04R} 10. Approve tax sharing agreement with Palomar/Ramona/Julian Resource Conservation District for full pass-through minus the required 20% housing funds when the original Plan Cap Amount is reached. (602-01 #194R) 11. Approve payment justice Housing tax sharing agreement with County of San Diego for one-time of $5,000,000 and 25.48% of future bond issues for criminal purposes. The 20% housing funds may be transferred to the County Authority at the Agency's discretion. (602-01 #01R) 12. Approve tax sharing agreement with County of San Diego Library District for full pass-through minus the required 20% housing funds when the original Plan Cap Amount is reached. (602-01 #195R) 13. Approve tax sharing agreement with Palomar/Pomerado Hospital District for one-time payment of $684,000 and percentage of tax increment when original Plan Cap Amount is reached. {602-01 #196R} 14. Approve tax sharing agreement with San Diego Office of Education for one- time payment of $410,000 and percentage of tax increment when original Plan Cap Amount is reached. (602-01 #197R) Motion carried unanimously. Agency Counsel Tom Clark entered Exhibit D, Agency Report to the City Council; Exhibit E, Environmental Impact Report; Exhibit H, proposed amendment to the Redevelopment Plan for the Paguay Project Area; Exhibit I, The Preliminary Report; and Exhibit K, Public Communications concerning the Amended Plan from the Legal Aid Society and Ray Whitehead, into the record. Felise Acosta with consultants Rosenow Spevacek Group, Inc. summarized the points presented in the letter from Legal Aid Society. These points will be responded to in writing at the June 8, 1993 continued hearing. Agency Counsel Tom Clark stated that Mr. Whitehead suggested the percentage of set aside for low and moderate income housing be increased from 20% to 50%. Assistant City Attorney Smith stated the EIR should be corrected to delete the last sentence in the fifth paragraph in Section 1.2 which states,"It excluded residential developments which are not blighted and have all the necessary infrastructure and public service facilities in place." Present to speak in favor of the Plan Amendment: Dianne Jacobs, County Supervisor, 2nd District Charlene Zettel, Poway Unified School District Board member Jim Abbott, Poway Unified School District Assistant Superintendent Randy Middlebrook, Pomerado Hospital Administrator Mike Gregory, Palomar Community College District Vice President Bill Jensen, Palomar/Ramona/Julian Resource Conservation District 4912 Page 5 -C[TY OF POWAY - May 25, ]993 Motion by Councilmember Emery, seconded by Councilmember Callery to close the public testimony portion of this hearing and continue action on the proposed Amended Plan and Final EIR to June 8, 1993. Motion carried unanimously. ITEM 15 (203-22R) AMENDMENT TO REDEVELOPMENT PLAN USE OF HOUSING FUNDS OUTSIDE AREA OF BENEFIT Staff report byCityManager Bowersox. The City Council and Redevelopment Agency have previously made findings that the use of tax increment revenues for housing purposes outside the Project Area will be of benefit to the Project. Staff recommends these findings be reaffirmed by adoption of a Resolution. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 93-071, entitled, "A Resolution of the City Council of the City of Poway, California Finding that the use of Taxes Allocated from the Paguay Redevelopment Project for the purpose of Increasing, Improving and Preserving the Community's Supply of Low and Moderate Income Housing Outside the Project Area will be of Benefit to the Project." Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:20 p.m. and called it back to order at 8:30 with all Councilmembers present. ITEM 17 (203-11) INITIATING GENERAL PLAN AMENDMENT 93-02 Staff report by City Manager Bowersox. There are four items scheduled for General Plan Amendment hearings as GPA 93-02. Two are city-initiated and revise the text of the Land Use Element and Resources Element. The other two are private applications. The first would change a 27 parcel, 37.7 acre site at the northern terminus of Olive Tree Land from RR-C to RS-2. It is subject to Proposition FF. The other would change a 6.6 acre parcel on the southwest corner of Pomerado Road and Stowe Drive from RS-2 to RA. Mayor Higginson polled the Council on a meeting date for this item. Resolution 89-042 sets the date for publicly initiated GPAs for the fourth Tuesday in June, or June 22. He is planning to be out of town that date and asked if the Council would concur to hear these items on July 13, 1993 when the full Council would be present. Council concurred. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-072, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 93-02." Motion carried unanimously. 4913 Page 6 - CITY OF POWAY - May 25, 1993 ITEM 18 (1180-05) COMMUNITY CONTRIBUTION REQUEST FOR PARENTS' AND KIDS' SAKE Staff report by City Manager Bowersox. The City has received a request from For Parents' and Kids' Sake for $500 to conduct a Teen Moms Together Program. Staff recommends approval. Motion by Councilmember Emery, seconded by Councilmember Callery to approve a $500 community contribution to For Parents' and Kids' Sake for the Teen Moms Together Program. Motion carried unanimously. Ann Albrecht, Executive Director, thanked the City Council for their continued support. ITEM 19 (1180-05) COMMUNITY CONTRIBUTION REQUEST ABRAXAS HIGH SCHOOL GRAD MITE Staff report by City Manager Bowersox. The City has received a request from Abraxas High School for assistance in funding the 1993 Grad Mite celebration. There is $290 remaining in the Community Contribution fund and staff recommends approval of its donation to Abraxas High School. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve a $290 community contribution to Abraxas High School for their Grad Nite celebration. Motion carried unanimously. ITEM 20 (1180-05) COMMUNITY CONTRIBUTION REQUEST POWAY UNIFIED SCHOOL DISTRICT Staff report by City Manager Bowersox. The City has received a request from Poway Unified School District's Transition Program to fund supplemental training materials. This program does not qualify under the Council's policy since it is an on-going educational program. Staff recommends denial of the request. Motion by Mayor Higginson, seconded by Councilmember Emery to deny the community contribution request. Motion carried unanimously. ITEM 21 (705-14) LANDSCAPE MAINTENANCE DISTRICT 87-1 INTENTION TO LEVY ASSESSMENTS Staff report by City Manager Bowersox. Assessments for Landscape Maintenance District 87-1, South Poway Business Park, are proposed to be $798.76 per year per net acre, an increase of $127.06 per year. The increase is due to higher water, pumping, and contract costs. Staff recommends approval of the engineer's report and adoption of a Resolution of Intention. 4914 Page 7 - CITY OF POWAY - May 25, 1993 Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. g3-073, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 87-1 for Fiscal Year 1993-94"; approve the Engineer's Report and set two public hearings for July 13 and August 3, 1993. Motion carried unanimously. ITEM 22 (705-10) LIGHTING DISTRICT INTENTION TO LEVY ASSESSMENTS Staff report by City Manager Bowersox. Poway Lighting District is proposed to have a Zone C added for maintenance of traffic signals with an assessment of $13.58 per year. The assessments for street lights in Zones A and B will remain the same at $15.00 per parcel in Zone A and $3.75 per parcel in Zone B. Staff recommends approval of the engineer's report and adoption of a Resolution of Intention. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 93-074, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within the Poway Lighting District for Fiscal Year 1993-94"; approval of the Engineer's Report and set two public hearings for July 13 and August 3, 1993. Motion carried unanimously. ITEM 23 (203-11) LISTING OF THE CALIFORNIA GNATCATCHER Staff report by City Manager Bowersox. This report is to update the City Council on the recent listing of the California gnatcatcher as a "threatened" bird species and related issues concerning protection and conservation of the bird and its coastal sage scrub habitat. Currently, any applications for permits in area that contain coastal sage scrub cannot be granted. Council concurred to receive and file the report. ITEM 23.1 (1503-17) METROPOLITAN SEWERAGE SYSTEM FUNDING TIJUANA SEWAGE TREATMENT Staff report by City Manager Bowersox. The San Diego City Council has requested the SanDistrict Board establish a policy that the cost of treating Tijuana sewage be funded on a pro-rata basis by the Metropolitan Sewerage System users and that the Board request full Federal reimbursement of these costs. The cost to Poway would be approximately $57,803 if Federal reimbursement is not obtained. The benefit is elimination of regional health concerns by having this sewage on the County's beaches. 4915 Page 8 - CITY OF POWAY - May 25, 1993 Councilmember Snesko, Poway's representative on the SanDistrict Board stated he is opposed to our funding these costs. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation. Motion carried 4-1 with Councilmember Snesko voting "no." ITEM 28 (203-10) MINOR DEVELOPMENT REVIEW 93-21 HILLSIDE/RIDGELINE APPLICANT: JOHN AND DONNA LENHOFF Staff report by City Manager Bowersox. He reviewed the history of this lot at the eastern end of Twin Peaks Road, under "tooth rock." The grading permit for this steep hillside was approved by the County just prior to incorporation. The applicants propose to build a two story single family home on this lot. Staff recommends approval. Speaking in opposition to staff recommendation: John Kane, 14635 Twin Peaks Road Barbara November, 14630 Twin Peaks Road Speakers stated a guardrail should be required on the driveway. It is extremely steep. They also asked about unauthorized vehicles access to Rattlesnake Canyon. Speaking in favor of staff recommendation: John Lenhof, 12881Shadowline Street Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt Planning Resolution No. P-93-29, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 93-21 Hillside/Ridgeline, Assessor's Parcel Number 323-100-35," amended to require a guardrail approved by the City Engineer and an access gate. Motion carried unanimously. ITEM 28.1 (1401-07) RENAMING BETTE BENDIXEN PARK Staff report by City Manager Bowersox. The City has been cooperating with the VFW in making improvements to Bette Bendixen Park. The VFW has requested that the park be renamed in memory of Fred Fenton, a long time member of the VFW. Staff recommends the park be named Bendixen/Fenton Park. Speaking in favor of staff recommendation: Fred Birdsell, 17080 Abra Way, San Diego, of the Poway Veterans of Foreign Wars, requested an opportunity to honor the memory of Fred Fenton. 4916 Page 9 - CITY OF POWAY - May 25, 1993 Speaking in opposition to staff recommendation: Warren Brandow, 13318 Alpine Drive Mary Shepardson, 13815 Johannesberg Drive #1 Peter Stein, 13314 Neddick Avenue Vicki Lazowski, 14440 Golden Sunset Lane De Anne Erickson, 15051Vali Hai Road Speakers cited Resolution 84-045 that named this park land for Bette Bendixen and suggested something else should be named for Mr. Fenton. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to deny the request to rename the park and suggested something else be named for Mr. Fenton. Motion carried unanimously. City Manager Bowersox suggested the plaza area in Creekside Plaza which was designed to incorporate a veterans memorial be named for Mr. Fenton. CITY MANAGER ITEMS 29A. 29B. 29C. MAYOR 33. 34A. 34B. 35. City Manager Bowersox announced that $106,000,000 in Redevelopment Agency bonds were sold last week. Mark Adler of Paine Webber was present. City Manager Bowersox stated he had spoken with Assemblyman Goldsmith. AB 764 which would give agencies more flexibility in meeting housing goals has passed out of the Ways & Means Committee and Governor Wilson may be rethinking his budget which could result in less of a loss in revenue to the cities. City Manager Bowersox showed a thirty second Public Service Announcement that will be aired on cable television regarding the loss of city revenue to the state. AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery stated that there are many articles from Huntington Gate's sales trailer that has been dumped on the property and needs to be cleaned up. Mayor Higginson stated the "trash agreement" will be on SANDAG's May 28, 1993 agenda. Mayor Higginson confirmed the appointment of Angelina Hall, Chamber of Commerce nominee, to the Poway Road Specific Plan Advisory Committee. Councilmember Snesko stated he and Councilmember Callery had attended a session sponsored by Assemblyman Goldsmith regarding State mandates. He suggested it might be beneficial for California cities to help fund a management audit of one State department. The Council suggested Councilmember Snesko talk to Assemblyman Goldsmith. 4917 Page 10 - CITY OF POWAY - May 25, 1993 ADJOURNMENT Upon motion by Councilmember Callery, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 9:45 p.m. Marjor~e ~. Wahlsten, City Clerk City of~[o~aY 4918