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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) 4926 Page 2 - CITY OF POWAY - June 15, 1993 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. 4927 Page 3 - CITY OF POWAY - June 15, 1993 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. 4928 Page 4 - CITY OF POWAY - June 15, 1993 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 4929 Page 5 - CITY OF POWAY - June 15, 1993 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 4930 Page 6 - CITY OF POWAY - June 15, 1993 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. 4931 Page 7 - CITY OF POWAY - June 15, lg93 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 4932 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