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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. 4937 Page 2 - CITY OF POWAY - July 6, 1993 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) 4938 Page 3 - CITY OF POWAY - July 6, 1993 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. 4939 Page 4 - CITY OF POWAY - July 6, 1993 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. 4940 Page 5 - CITY OF POWAY - July 6, 1993 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 4941 Page 6 - CITY OF POWAY - July 6, 1993 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. 4942 Page 7 - CITY OF POWAY - July 6, 1993 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 4943 Page 8 - CITY OF POWA¥ - July 6, 1993 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. 4944 Page 9 - CITY OF POWAY - July 6, 1993 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. 4945 Page 10 - CITY OF POWAY - July 6, 1993 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 4946