CC 1993 06-15 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OUNE 15, 1993
The June 15, 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 MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Les Berglund
Steve Streeter
Dan Cannon
Patrick Foley
Pamela Colby
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Acting Director of Public Services
Assistant Director of Planning Services
Parks & Landscape Manager
Principal Management Analyst
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
11. Approval of $55,770 for 1993-94 library funding.
(701-09)
12. Ratification of warrant register for May 27, 1993
(401-10)
13.
Adoption of Resolution No. 93-088, entitled, "A Resolution of the City of
Poway, California Authorizing the Submission of a Certification
Application to the Federal Communications Commission, Adopting Regulations
that are Consistent with the Federal Communications Commission's Basic
Service Rate Rules and Regulations; and Establishing Certain Procedural
Laws and Regulations Which Provide a Reasonable Opportunity for
Consideration of the View of Interested Parties in Rate Regulation
Proceedings Taken Hereunder." (1501-07)
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14. Approve the following positions on pending legislation: oppose AB 2003
which would extend the prohibition against a city discriminating against
residential developments and emergency shelters based upon specific
criteria; support SB 566 which would enable counties and cities to levy
benefit assessments to pay for library services; oppose SB 780 which would
require the State Fire Marshal to establish a statewide standard for
above-ground fuel tanks which could not be modified by local officials;
oppose AB 996, which proposes to repeal the California Indoor Clean Air
Act of 1976, establishing certain restrictions on smoking and prohibiting
cities from enacting new ordinances or strengthening existing ordinances
related to smoking control; support AB 899 which would repeal fees payable
to Fish & Game for filing certain environmental documents; oppose AB 1313
which would create an exemption under the sales and use tax for certain
personal property used in manufacturing; support SB 501 which would
authorizing PERS local contracting agencies to offer up to four years of
service credit to eligible employees. {701-11}
14.1 Adoption of Resolution No. 93-083, entitled "A Resolution of the City
Council of the City of Poway, California, Approving the Appropriation of
Operating Budget Funds for the Fiscal Year 1993-94." (205-02}
14.2 Rejection of all bids for Construction of Pedestrian Bridge on Poway Creek
at Bowron Road (1416) and Lighting for Two Existing Pedestrian Bridges on
Poway Creek (5412), and authorization to readvertise. (601-03}
Motion carried unanimously with Councilmember Snesko voting "no" on support of
SB 556.
ITEM 4 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 83-1
Staff report by City Manager Bowersox. On April 13, 1993, the City Council
approved the Engineer's Report for Landscape Maintenance District 83-1, Zones A
($136.40 per year) and Zone B ($255.34 per year). Staff recommends these fees
be set on the tax roll.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-084, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 83-1 to be Collected on the Property Roll for
Fiscal Year 1993-94." Motion carried unanimously.
ITEM 5 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 86-1
Staff report by City Manager Bowersox. On April 13, 1993, the City Council
approved the Engineer's Report for Landscape Maintenance District 86-1 setting
a fee of $261.00 per year. Staff recommends these fees be set on the tax roll.
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There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-085, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 86-1 to be Collected on the Property Roll for
Fiscal Year 1993-94." Motion carried unanimously.
ITEM 6 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 86-2
Staff report by City Manager Bowersox. On April 13, 1993, the City Council
approved the Engineer's Report for Landscape Maintenance District 86-2, Zone A
($186.16 per year) and Zone B ($217.48 per year). Staff recommends these fees
be set on the tax roll.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-086, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 86-2 to be Collected on the Property Roll for
Fiscal Year 1993-94." Motion carried unanimously.
ITEM 7 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 86-3
Staff report by City Manager Bowersox. On April 13, 1993, the City Council
approved the Engineer's Report for Landscape Maintenance District 86-3, Zones A
($163.00 per year) and Zone B ($139.00 per year). Staff recommends these fees
be set on the tax roll.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 93-087, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 86-3 to be Collected on the Property Roll for
Fiscal Year 1993-94." Motion carried unanimously.
ITEM 8 (203-24)
MINOR CONDITIONAL USE PERMIT 93-03
MINOR DEVELOPMENT REVIEW 93-26
APPLICANT: CHAMPION LOCK AND SAFE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 182 square foot locksmith's kiosk in
the parking lot of Twin Peaks Plaza shopping center at the southeast corner of
Pomerado Road and Twin Peaks Road. Staff recommends approval.
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There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-93-31, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 93-03 and Minor Development Review 93-26, Assessor's Parcel Number
314-710-37." Motion carried unanimously.
ITEM 9 (203-01)
TENTATIVE TRACT MAP 91-02TE
APPLICANT: ALI YAR DEHGHANI
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a time extension of a previously approved
tentative map subdividing 10.3 acres into 5 lots between Camino del Valle and
Calle Colina, south of the Valle Verde Road and Verde Terrace junction. Staff
recommends approval, concurring that allowing one residence to remain on both
Lots 3 and 5 until building permit issuance is in compliance with the conditions
of approval for the tentative map.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-93-32, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Tract
Map 91-02TE, Assessor's Parcel Number 275-560-17, 18, 19." Motion carried
unanimously.
ITEM 10 (1180-03)
TEMPORARY STORAGE OF AUTOS
Staff report by City Manager Bowersox. At the February 9, 1993 meeting, Joe St.
Lucas spoke under Public Oral Communications and requested that the new
automobiles belonging to Poway Ford that are being temporarily stored on the
Agency property west of Poway Chrysler be removed or a soundwall be constructed.
It now appears that this property will be sold in the near future and Poway Ford
is looking for other property to use for storage.
Council concurred to receive and file the report.
ITEM 10.1 (208-00)
COMPREHENSIVE AFFORDABLE HOUSING STRATEGY
Staff report by City Manager Bowersox. California Redevelopment Law requires the
Redevelopment Agency to prepare a report which outlines how it will meet the
housing requirements of Section 33413 of the California Health & Safety Code and
the timely expenditure of its Low and Moderate Income Housing funds. Staff has
prepared a Comprehensive Affordable Housing Strategy which includes the purchase
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of property at the northeast corner of Civic Center Drive and Bowron Road (Huber)
for a 110 unit, very low income, senior project; property south of Haley Ranch
Estates, TTM 87-03, for a 50 unit manufactured housing subdivision for very low
income families (Breihan); and property on the north side of Gateway Park Road,
west of the existing senior project, for future development of a senior or family
low income project. Additionally, the Strategy includes a Residential
Preservation/Rehabilitation Program and, if funds are available, the initiation
of a single-family acquisition program. This strategy has been approved by the
Redevelopment and Housing Advisory Committee.
Speaking in favor of staff recommendation:
Mark Gordon, 17206 Pinot Place, Green Valley Civic Association, requested
the Gateway Park site be designated as a senior site and cited the
Council's action of August 4, 1992 that made it a senior AH overlay site.
Darwin Drake, 13309 Twin Circle Ct., member of the Senior Issues Committee
and Redevelopment and Housing Advisory Committee.
Bill Dulmage, 14115 Donart Drive, President of the Poway Valley Senior
Citizens.
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the
Comprehensive Housing Strategy; authorize staff to implement the programs and
projects including ordering appraisals for the three sites; designate the Gateway
Park site for seniors only; and appropriate $16,768,832 from the Low and Moderate
Income Housing Fund in accordance with the revised budget. Motion carried
unanimously.
ITEM 10.2 (1401-01)
BOCCE BALL COURT AT COMMUNITY PARK
Staff report by City Manager Bowersox. The Poway Bocce Ball Club has requested
$4,000 towards the construction of bocce ball courts at the Community Park. They
will raise the rest of the money needed for construction and will donate the
labor to construct. Staff recommends approval.
Speaking in favor of staff recommendation:
Joe Lucia, 16502 Avenida Florencia
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to approve
staff recommendation. Motion carried unanimously.
ITEM 10.3 (1170-04)(602-01, #981)
AMENDED INTERIM AGREEMENT FOR
DISPOSAL OF SOLID WASTE
Staff report by City Attorney Eckis. On May 18, 1993, the City Council adopted
an Interim Agreement for Disposal of Solid Waste with the County of San Diego.
That agreement required unanimous participation by all cities in the county.
Several cities refused to sign and the Board of Supervisors prepared an amended
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agreement eliminating the unanimous participation provision. Staff recommends
approval of the revised agreement subject to the understanding that the bonds
will be issued only upon a majority vote of the Commission.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 93-089, entitled, "A Resolution of the City Council of the City
of Poway, California Approving an Amended Solid Waste Interim Participation
Agreement," committing 50% of the city's waste flow. Motion carried unanimously.
ITEM 10.4 (602-01, #983, #199R)
LOBBYING SERVICES AGREEMENT/BOB WILSON
Staff report by City Manager Bowersox. The City and the Agency need a Sacramento
lobbyist to work for passage of AB 764 introduced by Assemblyman Jan Goldsmith.
In addition, a lobbyist could be helpful in working with CalTrans regarding
Highway 67 and the Department of Fish & Game regarding staffing Blue Sky
Preserve. Staff proposes a one year agreement at $2,500 per month to be shared
equally by the City and the Agency. City Attorney Eckis noted that compliance
with lobbyist FPPC requirements would be Mr. Wilson's responsibility.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
lobbying services agreement with Bob Wilson. Motion carried unanimously.
ITEM 10.5 (701-04)
ORDINANCE NO. 415/SECOND READING
AMENDMENT TO THE REDEVELOPMENT PLAN
Mayor Higginson read the title of Ordinance No. 415, "An Ordinance of the City
Council of Poway Approving and Adopting an Amendment to the Redevelopment Plan
for the Paguay Redevelopment Project and Adopting a Statement of Overriding
Considerations." Staff report by City Manager Bowersox. First reading of this
Ordinance was held on June 8, 1993.
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading of Ordinance No. 415 and adopt. Motion carried unanimously on a roll
call vote.
CITY ATTORNEY ITEMS
16.
City Attorney Eckis noted that it now appears there will not be a quorum
present for the June 29 meeting and it is necessary to adopt the amendment
to PERS contact providing for an early retirement incentive prior to July
1. He will research the possibility of a "long distance" meeting and
requested this item be added to this agenda for discussion and continued
to the June 17 workshop. Motion by Mayor Higginson, seconded by
Councilmember Snesko to add this item to agenda since the need to discuss
has arisen during the last 72 hours. Motion carried unanimously. This
will be discussed further on June 17.
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HAYOR
19.
20.
21.
22A.
22B.
AND CITY COUNCIL-INITIATED ITENS
Councilmember Callery reported that there will be no definite answer on
how Fish & Game plans to staff Blue Sky Ranch until the State budget is
adopted.
Councilmember Emery asked when the issue of expansion of non-conforming
uses on commercial property will come to the Council for discussion. City
Manager Bowersox stated it will come back in conjunction with the
amendments to the Housing Element in July or August.
Mayor Higginson appointed Councilmember Cafagna to serve on LAFCO's Cities
Advisory Committee. {1503-08}
Councilmember Snesko stated he had requested discussion of lower bus fares
for children during the summer; however, he has received information that
such a program is in place.
Councilmember Snesko stated that he will be traveling to Washington, D.C.
on June 27, 1993 in anticipation of getting an appointment with Attorney
General Janet Reno arranged by Congressman Duncan Hunter. He plans to
discuss his proposal for legislation to enable local jurisdictions to
enforce employer sanctions against hiring undocumented aliens. The County
Board of Supervisors approved his concept and he asked if the City Council
would reimburse him for hotel and meal expenses. Councilmember Callery
stated she has not seen his proposal in writing and requested this item be
continued to June 17, for discussion. Council concurred.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:00 p.m. on motion by Councilmember
Callery, seconded by Councilmember Snesko in memory of Marland Garth, member of
the Parks and Recreation Committee from 1981 to 1988 and County Service Area 48
prior to incorporation.
MarjotieXK. WaSh
City b~oway
sten, City Clerk
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NO TICE
NOTICE IS HEREBY GIVEN THAT THE JUNE 15 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated: June 16, 1993
ORDER OF ADJOURNMENT
Upon motion by Councilmember Snesko,
seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, June 17, 1993
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 8:00 p.m.
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 June 16, 1993
Marjo/rie~K. Wahlsten, City Clerk
City ~._~way, California