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CC 1993 08-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 3, lgg3 The August 3, 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, Bob Emery, Tony Snesko, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery STAFF MEMBERS PRESENT John Fitch Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter Yolanda Collins Pamela Colby Penny Riley Dan Cannon Assistant City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Sheriff's Captain Senior Management Analyst Management Analyst Parks & Landscape Manager 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 Councilmember Snesko pulled Item 19 from the Consent Calendar. Mayor Higginson stated that Item 31.3 would be trailed until after the closed session. City Attorney Eckis stated he would disqualify himself on Item 31. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 14. Approval of Minutes - City Council July 13, 1993, Regular Meeting 4965 Page 2 - CITY OF POWAY - August 3, 1993 16. 17. 18. Ratification of Warrant Register - July 15, 1993 (401-10) Denial of claim for damages: Heather McCann and Jackie Costello. (704-13) Approval of appropriation of $123,199 General Liability Retro Refund as a 92-93 revenue for the payment of the $148,992 1993 Workers' Compensation Retrospective Deposit. (401-15) 20. Approval of lease agreement renewal between the City and For Parents' and Kids' Sake, Inc., for use of the trailer located at 12951Metate Lane. (602-01 #772) 21. Confirming Shirley Y. Bullard as the appointment of PUSD to the Performing Arts Advisory Committee, replacing Gloria Johnston. (701-09) 22. 23. Approving contract with Comprehensive Housing Services for the development of the Poway Residential Preservation/Rehabilitation Program, not to exceed $2,500, as part of the Affordable Housing Strategy(602-O1, #202R) Acceptance of Old Poway Park IIIA Crossing Protection System from Railroad Signal, Inc. (5602) (601-03R) 24. Acceptance of 1992-93 Street Maintenance Program from Daley Corporation. (602-01 #938) 25. Acceptance of Irrigation Pumping System at Ted Williams Parkway from Barrett Engineered Pumps, Inc., for the construction and Arid-West Landscape, Inc., for the installation. (401-13) 26. Acceptance of Retrofit of Irrigation and Planting of the grapefruit groves on Ted Williams Parkway from Bartlett Grove Management Company. (602-01, #974) 27. Award of bid for the construction of the shade structure at the group picnic area at Lake Poway to Famania Construction Company, in the amount of $20,000. (1673) (602-01, #993) 28. 29. 30. Adoption of Resolution No. 93-112, entitled, "A Resolution of the City Council of the City of Poway, California Adopting a Resolution of Intention on the city of San Diego Multiple Species Conservation Program (MSCP) Plan, "for the Clean Water Program. (1503-17) Adoption of the following positions on pending legislation: support SB 1254 which proposes a series of mandate relief items; support AB 2007 which establishes the procedures for the creation of a San Diego regional park and open space district; support SB 158 which would create the California Heritage Lands Bond Act of 1994; support SB 30 which is part of an overall reform package for workers' compensation; oppose SCA 33 which would bar cities from collecting reimbursement for any open meeting state mandates. (701-11) Award of bid for transit stop and shelter on Midland Road north of Poway Road to Marquez Constructors, Inc. in the amount of $56,195.45. (602-01, #995) 4966 Page 3 - CITY OF POWAY - August 3, 1993 31. Approval of amendment to contract with McDougal, Love, Eckis, & Grindle for City Attorney Services. (602-01, #259) 31.1 Adoption of Resolution No. 93-113, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Designation of Agents Representing the City of Poway for the Purposes of Applying for and Recovering State and Federal Financial Disaster Assistance," and approving submittal of the City's application for the reimbursement of $88,287 from the Federal Emergency Management Agency (FEMA) and the State of California for costs associated with winter rain storms. (1501-10) 31.2 Adoption of Resolution No. 93-114, entitled, "A Resolution of the City Council of the City of Poway, California Designating the City of Oceanside through the San Diego Mediation Center to provide Parking Citation Administration Review Services Through the City of Oceanside for the city of Poway and the Imposition of Administrative Fees for Such Reviews." (602-01, #996) Motion carried 4-0 with Councilmember Callery absent. ITEM 4 (705-10) CITY LIGHTING DISTRICT Staff report by Assistant City Manager Fitch. On May 25, 1993, the City Council approved the Engineer's Report for the City Lighting District which proposes no increase in the assessments for Zones A and B and the addition of a Zone C. Zone A is for those developed properties directly benefitting from street lights and is $15.00 per year. Zone B is for those developed properties only benefitting from street lights on the arterials and is $3.75 per year. Zone C is all developed properties and assessments will pay the costs of maintaining traffic signals and flashing beacons which is now being paid by the General Fund. This action was recommended by the MSI Study. The city has received a flyer being circulated by a citizens' group that raised three issues. The first was that vacant properties in the South Poway Business Park were not being assessed. He explained that no vacant property in the City is assessed since the benefit is deemed to be based on traffic generation. The second is that city-owned mobilehome park residents do not pay assessments. He explained that although these residents do not pay property taxes, they do pay a possessory interest tax. The third is that lights in gated communities are maintained by the District although the general public cannot drive on their roads and receive benefit from the lights. He stated that, depending on the number of lights and residences, these communities could be subsidizing the rest of the district, or the district could be subsidizing them. Before next year's Engineer's Report, staff will devise a method for the residents in the gated communities to pay totally for their lights but it is too late to do that this year. Staff recommends establishment of the assessments as proposed. Speaking in opposition to staff recommendation: William Hickey, Sr., 13204 Ridgedale Drive Mike Cattolico, 16624 Orchard Bend Road Jim Shea, 12423 Paseo Colina Peggy Shea, 12423 Paseo Colina 4967 Page 4 - CITY OF POWAY - August 3, 1993 Speakers suggested that vacant property should be assessed if they have street lights illuminating their property since this reduces vandalism. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing. Motion carried 4-0 with Councilmember Callery absent. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 93-115, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for the Poway Lighting District to be Collected on the Property Tax Roll for Fiscal Year 1993-94," direct staff to look at assessing vacant property, revise the assessment formula for next year so that the general public does not pay for street light maintenance in gated communities, and leave the door open to rebate the assessments if the State returns the property taxes taken from the City. Motion carried 3-1 with Councilmember Snesko voting "no" and Councilmember Callery absent. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 7:55 p.m. and called it back to order at 8:02 with all Councilmembers present except Councilmember Callery. ITEM 5 (705-14) LANDSCAPE MAINTENANCE DISTRICT 87-1 Staff report by Assistant City Manager Fitch. On May 25, 1993 the City Cc approved the Engineer's Report for Landscape Maintenance District 87-1, Poway Business Park, of $798.76 per net acre per year, an increase of $12 The issue of who pays to maintain the SportsPark will be resolved before year's assessments and a benefit analysis report will come to Counc' September. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. 93-116, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 87-1 to be Collected on the Property Roll for Fiscal Year 1993-94." Motion carried 4-0 with Councilmember Callery absent. ITEM 6 ORDINANCE RE CABLE TELEVISION City Clerk Wahlsten stated this item was continued to August 31, 1993 at the July 27, 1993 City Council meeting and no action is necessary at this meeting. (Mayor Higginson left the meeting at 8:07 p.m. and turned the gavel over to Deputy Mayor Emery.) 4968 Page 5 - CITY OF POWAY - August 3, 1993 ITEM 7 (203-01) TENTATIVE TRACT MAP 89-14 MODIFICATION REMOVAL OF PEDESTRIAN BRIDGE Deputy Mayor Emery opened the public hearing. Staff report by Assistant City Manager Fitch. This is a request to amend the conditions of development of development for Haley Ranch Estates and remove the condition of a pedestrian bridge between Haley Ranch Estates and Creekside Plaza. Funding for this improvement was intended to come from the city's 20% low and moderate income housing funds, however legal counsel has ruled that it would be an inappropriate use of those funds and staff does not feel that the $200,000 cost is justified at this time from the 80% Redevelopment Funds. In order for the Haley Ranch Estates map to be finalized the condition was be removed. Speaking in opposition to staff recommendation: Susan Sheldon, 13411Starridge Street Mike Fry, 12819 Selma Court Both speakers cited the need to improve pedestrian access throughout the community. Director of Planning Services Wright-Quastler stated the Poway Road Specific Plan Advisory Committee is looking at pedestrian linkages and suggested this project be left in their study. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to close the public hearing and adopt Planning Resolution P-93-42, entitled, "A Resolution of the City Council of the City of Poway, California Modification to Resolution P- 90-58 for Tentative Tract Map 89-14 and Development Review 89-32, Assessor's Parcel Number 317-481-01 through 317-481-76," leaving the bridge concept in the Poway Road Specific Plan and on the Redevelopment Agency's project list. Motion carried 3-0 with Mayor Higginson and Councilmember Callery absent. ITEM 8 (401-27) TAX ROLL ITEMS WEED/NUISANCE/VEHICLE ABATEMENT Deputy Mayor Emery opened the public hearing. Staff report by Assistant City Manager Fitch. It is necessary to place charges on the tax rolls for weed abatement, nuisance abatement, and vehicle abatement where the property owners have not paid the charges. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 93-117, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Report Prepared for Collection of Weed Abatement, Nuisance Abatement and Vehicle Abatement Charges on the County Tax Assessor's Roll for the Year 1993-94." Motion carried 3-0 with Mayor Higginson and Councilmember Callery absent. 4969 Page 6 - CITY OF POWAY - August 3, 1993 ITEM 9 (401-27) TAX ROLL ITEMS FIRE PROTECTION FEES WATER DISTRICT ASSESSMENTS NEIGHBORHOOD LOAN PROGRAM LIENS Deputy Mayor Emery opened the public hearing. Staff report by Assistant City Manager Fitch. It is necessary to place charges on the 1993-94 tax roll for Water Assessment District 79-1, Neighborhood Loan Program Liens for street and sewer improvements, and fire protection fees. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 93-118, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Fees, Water District Assessments, and Street Improvement Assessments to be collected on the Property Tax Roll for Fiscal Year 1993-94." Motion carried 3-0 with Mayor Higginson and Councilmember Callery absent. ITEM 10 (401-27) TAX ROLL ITEMS COMMUNITY FACILITIES DISTRICT NO. 1 Deputy Mayor Emery opened the public hearing. Staff report by Assistant City Manager Fitch. It is necessary to place charges on the 1993-94 tax roll to pay the bonded indebtedness for South Poway Community Facilities District No. 1. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 93-119, entitled, "A Resolution of the City Council of the City of Poway, California Setting the special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. 1 for Fiscal Year 1993-94." Motion carried 3-0 with Mayor Higginson and Councilmember Callery absent. ITEM 12 (1180-03) LONG TERM PARKING ON CITY STREETS Staff report by Assistant City Manager Fitch. At the July 13, 1993 City Council meeting, Jim Keeley stated recreational vehicles were allowed to remain on city streets too long and suggested a parking permit program like the City of Arcadia's. Vehicles are only permitted to remain on streets 72 hours, but there is no restriction in driveways. Arcadia's program prohibits on-street parking between 3 a.m. and 6 a.m. without a permit. Staff does not recommend any changes in our current policies. Council concurred to receive and file the report. 4970 Page 7 - CITY OF POWAY - August 3, 1993 ITEM 13 (1202-04) SDG&E PIPELINE PROJECT Staff report by Assistant City Manager Fitch. SDG&E staff proposed to install an 8 inch high pressure gas main in Pomerado Road, south of Poway Road. City staff was aware of future plans to install a 36 inch gas pipeline in this same area and questioned why they were planning two separate projects. SDG&E concurred that one 36 inch pipeline would serve their needs and have agreed to abandon the plans for an 8 inch pipeline. Speaking in opposition to the project: Betty Rexford, 11570 Creek Road Paul Rexford, 11570 Creek Road Larry Cruse, 13734 Utopia Mike Fry, 12819 Selma Court Speakers were concerned over a possible route along Creek Road, danger of having a high pressure gas main in a residential area, and lack of written information from San Diego Gas & Electric. Assistant City Manager Fitch stated that SDG&E has the right to use public right of way, such as streets, for their facilities with no approval needed from the city. However, the city prefers a route along the Scripps Poway Parkway because of its width and the lesser disruption of traffic during construction than along Creek Road. Council concurred to receive and file this report. (Mayor Higginson re-entered the meeting at 8:53 p.m.) ITEM 13.1 (602-01, #981) SOLID WASTE INTERIM AGREEMENT AMENDMENT Staff report by City Attorney Eckis. The second meeting of the Interim Commission was held on July 28, 1993. It appears that all cities except Chula Vista, Escondido and Oceanside will eventually join the Commission. One of the conditions requested by some of the cities joining is an amendment to the Agreement that the County would not issue bonds without Commission concurrence. The Commission has agreed. Also, cities will have until August 27 to join without surcharge penalties. Motion by Councilmember Snesko, seconded by Councilmember Emery to adopt Resolution No. 93-120, entitled, "A Resolution of the City Council of the City of Poway, California Approving Second Amendment of the Solid Waste Interim Participation Agreement." Motion carried 4-0 with Councilmember Callery absent. 4971 Page 8 - CITY OF POWAY - August 3, 1993 ITEM 19 (602-01, #145R) POWAY SHARED HOUSING PROGRAM Staff report by Assistant City Manager Fitch. The Poway Shared Housing Program was initiated on August 1, 1991 through approval of a contract with Lifeline Community Services. The Redevelopment and Housing Advisory Committee, after review, recommends continuing the program and undertaking some revisions during the next year. Councilmember Snesko stated he had pulled this item from the Consent Calendar because of his concern that spending $18,000 for a contract resulting in only 9 matches is not the best use of Agency funds. Motion by Councilmember Snesko, seconded by Councilmember Emery that the City Council adopt Resolution No. 93- 121, entitled, "A Resolution of the City Council of the City of Poway Approving the Extension of the Poway Shared Housing Program" by extending the contract with Lifeline Community Services for four months rather than one year and that a status report be made to the Committee in three months in order for them to make a recommendation to the City Council regarding continuance. He recommended that Life Community Services keep a daily log of their activities in order to demonstrate their contacts and ancillary services given. Motion carried 4-0 with Councilmember Callery absent. CITY ATTORNEY ITEMS 33. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation, in the case of City of Poway v. Parkway Business Center. MAYOR 34A. 34B. AND CITY COUNCIL-INITIATED ITEMS Councilmember Cafagna announced he was appointing Richard Burke to the Redevelopment & Housing Advisory Committee. Councilmember Cafagna stated that, as directed by Council on July 13, 1993, he proposes that there be five members of the Horse Boarding Committee, plus himself and Councilmember Snesko. The categories for membership would be one boarding facility owner; one affected neighbor; DeAnne Erickson from the horse community; one non-affected citizen; and one veterinarian. Council discussed potential conflict of interest and City Attorney Eckis suggested that if this Committee is a short-term ad hoc committee with no Councilmembers, or one at the most, the members need not be classed as "public officials" falling under the provisions of the Fair Political Practices Act. Councilmember Snesko stated he would voluntarily resign from the Committee. Councilmember Cafagna stated he will have some names to give to the Council in the near future for this Committee. 4972 Page 9 - CITY OF POWAY - August 3, 1993 36. Councilmember Emery stated he was concerned by the long line of children waiting to get into the pool at 1 p.m. and asked if the hours for public swim time could be extended. Staff will look at this issue before next summer. 38A. 38B. Councilmember Snesko stated he was contacted by the owner of a catering truck who had attempted to get a solicitors's license and was told he would have to wait thirty days for the background check to be completed. City Attorney Eckis stated he had worked with someone who was in this same situation and he was allowed to operate while the comprehensive background check was being done since a preliminary check was satisfactory. Councilmember Snesko stated he will be appearing before the San Diego City Council next week to request they approve an alternative weighted vote proposal for the Waste Water Management District (SanDistrict). It would require ten votes for anything being decided by the weighted vote. San Diego has six votes. Currently a weighted vote item could be approved by seven votes, the other cities wanted it to be changed to eleven which the San Diego City Council rejected. Council concurred to support the compromise position. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 9:35 p.m. CALL TO ORDER Mayor Higginson called the meeting back to order at 10:35 p.m. with all Councilmembers present except Councilmember Callery. He stated they had discussed the lawsuit with Parkway Business Center and, as a result, will consider Items 11 and 31.3. ITEM 11 (401-27) TAX ROLL ITEM COMMUNITY FACILITIES DISTRICT 88-1 Mayor Higginson opened the public hearing. Staff report by Assistant City Manager Fitch. Staff proposes $12,587.72 per net usable acre as the amount of the special assessment for property within the Community Facilities District No. 88-1 (Parkway Business Center) for fiscal year 1993-94. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 93-122, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Center) for Fiscal Year 1993-94." Motion carried 4-0 with Councilmember Callery absent. 4973 Page 10 - CITY OF POWAY - August 3, 1993 ITEM 31.3 (706-02) LOAN TO COMMUNITY FACILITIES DISTRICT 88-1 Staff report by Assistant City Manager Fitch. Parkway Business Center is currently going through a Chapter 11 reorganization plan and have not paid their special taxes for the debt service. In order to avoid drawing on the reserve funds or have the bonds default the City loaned the funds for the February 8, 1993 debt service payment. Another payment is due August 8, 1993. Since the City is in a secured position because of the nature of the special tax, and the special taxes will be not paid by the property owners in time to make the debt service payment, it is recommended that the City loan funds to the Community Facilities District No. 88-1 through the sewer fund. Motion by Councilmember Emery, seconded by Councilmember Cafagna to authorize the loan of $1,520,864 from the Sewer Fund (61-8950) to the Community Facilities District No. 88-1 for payment of debt service due on August 8, 1993 and charge the District the City's rate of return on its investment as interest charges until the debt is repaid. Motion carried 4-0 with Councilmember Callery absent. ADJOURNHENT Mayor Higginson stated the meeting of August 10, 1993 is being cancelled and ordered the meeting adjourned to 7:00 p.m. on August 17, 1993. Motion by Councilmember Emery, seconded by Councilmember Cafagna and carried. The time of adjournment was 10:40 p.m. r~le~K. Wahls~en, City Clerk City o!~way 4974 NO T/CE NOTICE IS HEREBY GIVEN THAT THE AUGUST 3, 1993, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWA¥, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF ADJOURNMENT Upon motion by Councilmember Snesko, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to TUESDAY, AUGUST 17, 1993, 7:00 P>M> in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:40 p.m. Marjor~'ie~<. Wahlsten, City Clerk City qf Pbway, California August 4, 1993 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 August 4, 1993 Marjorie ~. Wahlsten, City Clerk City or.ay, California