CC 1993 07-06 CITY OF POWAY, CALIFORNIA
MINUT£S OF THE CITY COUNCIL REGULAR MEETING
JULY 6, 1993
The July 6, 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.
COUNCILNENBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Don Higginson
COUNCILNENBERS ABSENT AT ROLL CALL
Bob Emery, Tony Snesko
STAFF MENBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Steve Streeter
Yolanda Collins
Michael Putnam
Peter Moote
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Assistant Director of Planning Services
Sheriff's Captain
Performing Arts Manager
Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present to speak:
Vic Hengeveld, 13909 Poway Road, representing the Poway-Midland Railroad
Volunteers, thanked the City for the Grand Opening Fourth of July
Celebration at Old Poway Park.
PROCLAMATION
Mayor Higginson proclaimed July, 1993 as "Parks & Recreation Month" and presented
the proclamation to Deanne Erickson, Chairperson of the Parks & Recreation
Committee.
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SAN DIEGO COUNTY WATER AUTHORITY
Linda Brannon, City's representative on the San Diego County Water Authority
Board of Directors, made her monthly report to the City Council. The Board will
meet on July 8. She stated there is funding available for water audits and
retrofitting landscaping for public facilities. Councilmember Callery asked if
the Water Authority had ever done a management audit similar to what the City
just completed and noted that the city's portion of the cost to provide water
services continues to go down while MWD and SDCWA goes up. Mrs. Brannon stated
she will bring their budget when she makes her next report. Councilmember
Callery suggested that a town hall meeting similar to Supervisor Bilbray's
meeting with the Council could be beneficial for the citizens of Poway.
CONSENT CALENDAR
Motion byCouncilmember Callery, seconded by Councilmember Cafagna to approve the
Consent Calendar, as follows:
18.
Approval of Minutes - City Council
May 25, 1993 Regular Meeting
June 8, 1993 Regular Meeting
20. Ratification of Warrant Registers for June 3, 10, 17, 1993. {401-10)
21. Denial of Claims for Damages: A} Edward S. Tibbs; B) Robert & Judith
Thompson; C) Walter & Wanda Marks; D) Debra Akin. (704-13)
22. Appropriation of $8,000 from the Asset Seizure Account to purchase
equipment for law enforcement use. (401-17}
23.
Acceptance of the Hilltop Circle Sewer (5804) and Water Facilities (5711)
from J.E. Brokaw & Sons, Inc. and approval of lien agreements.
(602-01, #177R)
24. Approval of City's Investment Report as of May 31, 1993.
(408-01)
25.
Authorization to escheat certain checks and return funds to the General
Fund. (401-06}
26.
Approval of temporary sewer connection for 16330 Woodson View Road;
applicant, Marilyn Thompson, APN 275-291-07. (1170-13)
27.
Adoption of Resolution No. 93-090, entitled, "A Resolution of Intent of
the City Council of the City of Poway, California, Initiating an Amendment
to the South Poway Specific Plan (SPA 84-01W)", Tech Business Center and
City of Poway, applicant, to allow additional uses within the Light
Industrial and Industrial Park land use designations in the South Poway
Planned Community. {203-21)
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28.
Adoption of Resolution No. 93-091 entitled, "A Resolution of the City
Council of the City of Poway Ordering the Vacation of a General Utility
Easement Located Within Parcel 1 of Map 16871 Recorded in the Office of
the County Recorder of San Diego County on June 1, 1992, (Vacation 93-
04)", in northeastern area of Wal-Mart site. (1002-06)
29. Award of contract for Landscape Maintenance District 86-2B, Sycamore
Creek, to Krueger Landscape in the amount of $16,000. {602-01, #984)
30.
Approval of lease agreement between Poway Midland Railroad Volunteers,
Inc. and the City of Poway for operation of the 1894 L.A.R.Y. trolley in
Old Poway Park. (602-01, #988)
31.
Release of Monument Bond for Tentative Tract Map 83-02, Sycamore Creek,
Sycamore Creek Association, applicant; located at the easterly end of
Garden Road. {602-01, #598)
32.
Receive and file six month evaluation of traffic conditions on Crestwood
Avenue and Cherrywood Street with no additional action. (referred from
January 19, 1993, Item 28). (1180-03)
33.
Adoption of Resolution No. 93-092 entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting an Appropriations Limit
for Fiscal Year Ending June 30, 1994," of $68,519,764. (205-02)
34.
Adoption of Resolution No. 93-093, entitled, "A Resolution of the City
Council of the City of Poway Approving the Restating of the Poway
Redevelopment Agency's Indenture of Trust Securing the $104,710,000 Paguay
Redevelopment Project Subordinated Tax Allocation Refunding Bonds, Series
1993." (405-01R)
Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 5 (701-04)
ORDINANCE NO. 414/SECOND READING
LIBRARY ZONING AND PARKING STANDARDS
Mayor Higginson read the title of Ordinance No. 414, "An Ordinance of the City
of Poway, California, Amending Chapter 17.10, 17.12, and 17.42 of the Poway
Municipal Code to Modify Zoning Requirements for Libraries and Adopt Parking
Standards (ZOA 93-04)."
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinance No. 414. Motion
carried 3-0 on a roll call vote with Councilmembers Emery and Snesko absent.
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ITEM 6 (701-04)
ORDINANCE NO. 416/URGENCY
TWO YEARS ADDITIONAL SERVICE CREDIT/PERS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
416, "an Ordinance of the City of Poway, California, Authorizing an Amendment to
the Contract Between the City Council and the Board of Administration of the
California Public Employees' Retirement System and Declaring the Urgency
Thereof." Staff report by City Manager Bowersox. This amendment to the
employees' retirement plan authorizes two years additional service credit for
employees in classifications subject to layoff who are at least fifty years old
and have five years of service credit.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinance No. 416. Motion
carried 3-0 on a roll call vote with Councilmembers Emery and Snesko absent.
ITEM 7 (205-02)
1993-94 FINANCIAL PLAN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. As proposed, the Comprehensive Financial Program recommends an
operating budget of $36,782,100, a Capital Improvement Program of $592,518 and
a Redevelopment Agency budget of $45,774,342. The proposed General Fund budget
will be balanced with projected revenues of $15,106,588 and proposed General Fund
expenditures of $15,067,013. He noted that one Sewer Treatment Plan Operator
position is being removed from the layoff list for 1993-94.
Don Blackwell, Chairman of the Budget Review Committee, commended the Committee
and reviewed their report with recommendations to utilize the five-year forecast
as a guide, continue ongoing evaluation of operating expenditures; devise a plan
for adopting Council approved fee adjustments as identified by the cost/overhead
study; take a long-term approach to water and sewer system financing and rate
setting; perform a comparison of salary and benefit levels with comparable
positions in the private sector; continue to evaluate the city's investment
policy to ensure maximum yield; and expend available funds to provide optimum
services while at the same time ensuring that a prudent level of reserves is
maintained.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to continue
the public hearing to July 13, 1993. Motion carried 3-0 with Councilmembers
Emery and Snesko absent.
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ITEM 8 (401-17)
PERFORMING ARTS CENTER RENTAL RATES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff has reviewed the recommendations made in the MSI Study
concerning the amount of cost recovery being accomplished by current rental fees
and charges. The Performing Arts Advisory Committee has reviewed the staff
report and recommends the City Council approve the increases proposed which would
result in approximately $14,000 in revenue from community-based rentals.
Speaking in opposition to staff recommendation:
Suzanne Marin, 16447 Orchard Bend Road, administrative manager of the San
Diego Childrens' Theatre North, cited the hardship of increased
fees, particularly for overtime, on her group.
Director of Community Services Thomas stated there may be a misconception on how
the overtime is calculated and staff will meet with Ms. Marin.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-094, entitled, "A Resolution of the
City of Poway, California, Establishing the Schedule of Fees for Rental of Poway
Center for the Performing Arts and Rescinding Resolution No. 91-061," and
requested staff to report back in six months regarding the effect of the
increase. Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 9 (401-17)
POWAY COMMUNITY SWIM CENTER FEES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The Parks and Recreation Committee has approved a fee increase for
year-round daily admissions, summer season passes, and year-round passes. The
fees are within the market range survey of fees and is consistent with MSI
recommendations.
Speaking in opposition to staff recommendation:
Don Blackwell, 14123 Arbolitos Drive, President of Poway High School
Aquatics Booster Club, requested the Council keep reasonable fees
for non-profit swim clubs.
City Manager Bowersox stated that these do not represent cost recovery and the
City's general fund is continuing to subsidize some of the swim teams' use of the
pool.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolutions No. 93-095, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing a Schedule of Fees for
the Public During Public Pool Hours for the Poway Community Swim Center and
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Rescinding Resolution No. 91-055," and Resolution No. 93-101, entitled, "A
Resolution of the City Council of the City of Poway, California Establishing a
Schedule of Fees for Swim Clubs During Private and Public Swim Times for the
Poway Community Swim Center and Rescinding Resolution No. 91-055," and requested
staff to report back in six months on the effect of the increase. Motion
carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 10 (1204-05)
WATER RATES/SEWER SERVICE CHARGES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff is recommending an increase in water rates from $1.36 to $1.496
per unit, all attributable to the increase in the cost of raw water purchase; and
an increase in sewer service charges from $36.41 to $40.58 per equivalent
dwelling unit, all attributable to an increase in the costs from San Diego
Metropolitan Sewer and Clean Water Program.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-095, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Water Rates for Fiscal
Year 1993-94 and Rescinding Resolution No. 92-145," and Resolution No. 93-096,
entitled, "A Resolution of the City Council of the City of Poway, California
Amending the Schedule of Sewer Service Charges and Establishing Sewer Service
Charges for Fiscal Year 1993-1994 and Rescinding Resolution No. 92-146." Motion
carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 11 (704-10)
PUBLIC NUISANCE AT 13415 ACTON AVENUE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff has received numerous complaints of junk and overall unsightly
conditions existing on an ongoing basis at 13415 Acton Avenue owned by Shauna
Killen, and recommends it be declared a public nuisance giving the City authority
to abate if not done by the owner within ten days.
Speaking in opposition to staff recommendation:
Rebecca Bellingham, 4611Kleefeld Avenue, San Diego, personal friend of
Ms. Killen, showed pictures taken today showing the progress in the
clean up.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-098, entitled, "A Resolution Declaring
the Property at 13415 Acton Avenue a Public Nuisance, Ordering the Removal of all
Inoperable Vehicles, Tires, Parts, Waste Oil, Miscellaneous Material and Junk,"
and requested a status report on July 27, 1993. Motion carried 3-0 with
Councilmembers Emery and Snesko absent.
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ITEM 12 (704-10)
PUBLIC NUISANCE AT 14502 KENNEBUNK STREET
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff has been responding to complaints at 14502 Kennebunk Street
since August, 1985 about inoperable vehicles, trash, junk and unsightly
conditions. The property is owned by Michael and Kathleen Jones, and Henry and
Patricia Jones. Staff recommends it be declared a public nuisance which gives
the city authority to have the property cleaned up with the costs billed to the
owner if the owner does not perform the cleanup within ten days.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery, to close the
public hearing and adopt Resolution No. 93-099, entitled, "A Resolution Declaring
the Property at 14502 Kennebunk Street a Public Nuisance, Ordering the Removal
of all Inoperable Vehicles, Tires, Parts, Miscellaneous Material and Junk," and
requested a status report on July 27, 1993. Motion carried 3-0 with
Councilmembers Emery and Snesko absent.
ITEM 13 (701-04)
ORDINANCE NO. 417/FIRST READING/GRAFFITI
Mayor Higginson opened the public hearing and read the title of Ordinance No.
417, "An Ordinance of the City of Poway, California, amending Chapter 9.56 of the
Poway Municipal Code Relating to Graffiti." Staff report by City Manager
Bowersox. The City is joining other cities in the County to encourage the
juvenile court judges, prosecutors and probation officers to pursue a coordinated
approach to solving the graffiti problem and this ordinance recommends
rehabilitation through significant community service with the parent or guardian
required to be present during 50% of the assigned hours. Based on Council input
at the May 18, 1993 meeting, the penalty section has been amended to require the
number of hours to equal the cost of repair of damage divided by the minimum
wage, but in no event less than thirty hours.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive
further reading and continue the public hearing to July 27, 1993 for second
reading. Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 14 (1180-03)
ILLEGAL GRADING/TRUCK TRAFFIC ON CREEK ROAD
Staff report by City Manager Bowersox. Staff was notified by a Creek Road
resident in late April that there appeared to be some illegally dumped fill at
the east end of Creek Road off the north side of the road. On May 3, staff
notified the property owners of the illegal grading. At the May 25, 1993 City
Council meeting, Betty Rexford stated that trucks were continuing to use Creek
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Road and asked if signs could be posted prohibiting truck traffic. Since Creek
Road is not an approved truck route signs will be installed prohibiting trucks
over 10 tons gross vehicle weight.
Council concurred to receive and file the report.
ITEM 15 (1002-05)
FRED FENTON PLAZA
Staff report by City Manager Bowersox. At the May 25, 1993 meeting, the City
Council received a request from the local Veterans of Foreign Wars Post to change
the name of Bette Bendixen Park to Bendixen-Fenton Park. The City Council
recommended that staff determine another way to honor Mr. Fenton. It is
recommended that the public plaza at the Creekside Plaza be named Fred Fenton
Plaza.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve
naming the public plaza at Creekside Plaza in honor of Fred Fenton. Motion
carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 16 (203-11)
MINIPARK CATEGORY FOR GENERAL PLAN
Staff report by City Manager Bowersox. Staff has prepared a map depicting
existing park and school facilities and their service areas. It became apparent
that a variety of park facilities are needed to meet the recreational needs of
the community. A new park standard requiring a reduced size of one to three
acres and reduced scope is necessary to serve smaller neighborhoods isolated by
topographic barriers, major roadways, and subdivision design. A minipark standard
is proposed to be added to the Public Facilities element of the General Plan.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to direct
staff to prepare a General Plan amendment to modify the Public Facilities Element
to include the newminipark classification and corresponding standards. Motion
carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 17 (1002-01)
BARRATT AMERICAN INC./MINIPARK
Staff report by City Manager Bowersox. Barratt American Inc. has agreed to
dedicate to the city Lots 1 through 16 of the Adobe Ridge project which cannot
be developed in order for the city to establish a minipark on the property. In
return the City will return $28,400 in parkland dedication fees to Barratt.
Barratt has also agreed to donate $8,400 from the reimbursed fees to assist in
the park development. He thanked Suzanne Thompson, a resident of Adobe Ridge and
designer of the children's playground at Hilleary Park for her lead in this
project.
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Mike Armstrong of Barratt American was present to confirm their intention to
donate $8,400 for the development of the park.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to accept the
Corporate Grant Deed from Barratt American for Lots 1 through 16 of Tract 3503-1
and appropriate $28,400 in parkland dedication fees as reimbursement to Barratt.
Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 17.1 (602-01, #981)
SOLID WASTE INTERIM AGREEMENT
Staff report by City Attorney Eckis. The first meeting of the Interim Commission
took place on June 30, 1993. The City of Poway unconditionally accepted
membership on the Commission along with La Mesa, National City, Lemon Grove,
Coronado, Solana Beach, San Marcos, and the County of San Diego. Several of the
cities, including Poway, expressed an understanding that the County will not
issue the San Marcos bonding without the concurrence of the Interim Commission.
If bonding is not approved by May 31, 1993, flow commitments would expire.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt
Resolution No. 93-099, "A Resolution of the City Council of the City of Poway,
California Approving Amendment of the Solid Waste Interim Participation
Agreement," giving non-member cities until July 23, 1993 to sign unconditionally
to avoid the surcharge; confirm Poway's unconditional acceptance of the
Agreement; appointing Mayor Higginson as representative to the Commission and
Councilmember Cafagna and Councilmember Callery as alternates; direct the
representatives to support amendment of the agreement to require that the County
will not issue bonding without concurrence of the Interim Commission and
exofficio status for nonmember cities. Motion carried 3-0 with Councilmembers
Emery and Snesko absent.
CITY MANAGER ITEMS
City Manager Bowersox presented an update on housing legislation. AB 764,
written by Assemblyman Goldsmith, has become a two year bill. We are opposing
AB 51, as written.
MAYOR AND CITY COUNCIL-COUNCIL INITIATED ITEMS
40.
Mayor Higginson received Council concurrence for staff to prepare a letter
to the Board of Supervisors supporting the work release program and citing
the benefit it has been to our City.
41.
Councilmember Snesko was absent from the meeting and his item was not
discussed.
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ADJOURNMENT
Upon motion by Councilmember Callery, seconded by Councilmembet Cafagna, Mayor
Higginson ordered the meeting adjourned. The time of adjournment was 9:25 p.m.
Marj~r~K. Wahlsten, City Clerk
Cityo~Poway
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