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