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CC 1993 08-31 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 31, lgg3 The August 31, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Bob Krans Steve Streeter Yolanda Collins Patrick Foley Penny Riley City Manager City Clerk Assistant City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Battalion Chief Assistant Director of Planning Services Sheriff's Captain Principal 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. The following persons were present wishing to speak: Wayne Hallett, 13074 Tuscarora Drive, requested the City purchase permanent targets for the archery range at Lake Poway. Cost would be approximately $1,500. Staff will report back on September 14, 1993. Bill Barnick, 14645 Sunrise Canyon Road, requested the City improve Espola Road between Twin Peaks and Poway Roads. He also asked the status of a site for a new library. Mayor Higginson stated there will be a report from the site selection committee on September 14, 1993. 4979 Page 2 - CITY OF POWAY - August 31, 1993 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council August 17, 1993 Regular Meeting 12. Ratification of Warrant Registers for August 4, 1993 (FY 92-93),August 5, and 12, 1993 (FY 93-94). (401-10) 13. Approval of City's Investment Report as of July 31, 1993. (408-01) 14. Denial of claims for damages: A) Genevieve Whittaker; B) Salvatore DeMaria; C) Frank C. Woodruff. (704-13) 16. Appointment of Suzanne Marin as Community Group Representative to the Performing Arts Advisory Committee for a one-year period. (701-09) 17. Approval of Reduction of Grading Security for Tech Business Center, TTM 89-08, subject to receipt of substitute security. (602-01, #835) 18. Approval of Reduction of Grading Security for Poway Corporate Center, TTM 86-02R Phase 2 and 3), subject to receipt of substitute security(203-01) 19. Approval of Reduction of Securities for La Paz Summit Unit II, TTM 89-03, Premium Investors, applicant. (602-01, #946) 20. Adoption of Resolution No. 93-130, entitled, "A Resolution of the City Council of the City of Poway, Adopting the 1992 Regional Standard Drawings with the City of Poway Supplement, and the 1991 Standard Specifications for Public Works Construction with the San Diego County Regional Supplement Amendments and the City of Poway Supplement Amendments," for all public, private, and capital improvement projects within the City, and authorizing City Engineer to make minor amendments without Council approval. (805-04) 21. Adoption of Resolution No. 93-131, entitled, "A Resolution of the City Council of the City of Poway Consenting to the Inclusion of the City of Poway in the Proposed County Service Area formed to Provide an 800MHz Radio Communication System." (1205-02) 22. Approval of Joint Exercise of Powers Agreement Among the County of San Diego, State of California, City of Poway and City of Santee for the Operation and Maintenance for Goodan Ranch Regional Park. (602-01, #997) 23. Award of bid for supply of Reinforced Concrete Pipes to Ameron, Inc., in the amount of $81,695.60 for the Community Road Storm Drain Improvements (5277). (601-03) 4980 Page 3 - CITY OF POWAY - August 31, 1993 24. Approval of law enforcement contract for 1993-94, totaling $3,446,680. (602-01, #59) 25. Adoption of Resolution No. 93-132, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway Netolicky, Grimes, Payne, Agee, Kinney, and Hilton Annexations. (William Netolicky, 14620 Pomerado Road, APN 314-820- 28; Paul & Carol Grimes, 16001 Martincoit Road, APN 275-271-29; Gary & Robby Payne, 13862 Temple Street, APN 321-180-44; Greg Agee, 15842 Lime Grove, APN 275-520-08; Joseph & Janene Kinney, 6511Avenida Florencia, APN 275-313-01; Laura Hilton, 13725 Putney Road, APN 317-121-19.) (1170-11) 26. Adoption of Resolution No. 93-133, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the East community Park Ball Field Improvement Project (#5625) is of Benefit to the Paguay Redevelopment Project." (806-01R) 27. Adoption of Resolution No. 93-134, entitled, "A Resolution of the City Council of the City of Poway, California Determining the Poway Creek Storm Water Detention Basin (#5402) is of Benefit to the Paguay Redevelopment Project." (806-0tR) 28. Adoption of Resolution No. 93-135, entitled, "A Resolution of the City Council of the City of Poway, California Determining the Water Treatment Plant Upgrade Project is of Benefit to the Paguay Redevelopment Project." (401-13R) 29. Adoption of Resolution No. 93-136, entitled, "A Resolution of the City Council of the City of Poway, California Determining the Scripps-Poway Parkway - East End Project (#5261) is of Benefit to the Paguay Redevelopment Project." (806-01R) 30. Adoption of Resolution No. 93-137, entitled, "A Resolution of the City Council of the City of Poway, California Determining the Poway High School Baseball Field Lighting Project (#5623) is of Benefit to the Pa§uay Redevelopment Project." (806-01R) 31. Authorization to notify the local State Assembly Delegation of opposition to SB 40 (Kopp) which would bar transportation agencies from receiving funding from CalTrans or the California Transportation Commission unless they adopt some financial restrictions. (701-11) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 419/FIRST READING CABLE TELEVISION SUBSCRIBER RIGHTS Mayor Higginson stated that the first reading of this Ordinance was continued from July 27, 1993. He read the title, "An Ordinance of the City of Poway, California Adding Section 5.60.381 on Subscriber Rights to Chapter 5.60 of the Poway Municipal Code Relating to the Maintenance and Operation of Cable 4981 Page 4 - CITY OF POWAY - August 31, 1993 Communications or Cable Television Systems." Staff report by Director of Community Services Thomas. Both Congress and the Federal Communications Commission have adopted broad customer service standards. The proposed ordinance establishes subscriber rights consistent with federal and state law. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to waive further reading and continue the public hearing to September 14, 1993 for second reading. Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 418/SECOND READING ZC 93-02A/STOWE DRIVE & POMERADO Mayor Higginson read the title of Ordinance No. 418, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 93-02A)." Staff report by City Manager Bowersox. On July 13, 1993 the City Council held first reading on this ordinance which would change the zoning of approximately 6.60 acres on the southwest corner of Stowe Drive and Pomerado Road from RS-2 to RA. Councilmember Cafagna stated he had been meeting with the developers and representatives of the Southwest Poway Homeowners Association and they have reached consensus that Residential Condominium (RC) would be an appropriate zone for this property. It would reduce the proposed density and he recommends this second reading be continued until thel next General Plan Amendment. At that time a city-initiated GPA would be proposed to rezone to RC. A Specific Plan would be required. In the meantime the developer will explore changing his RA property north of Stowe Drive to RC. Speaking in favor of Councilmember Cafagna's recommendation: Neville Bothwell, 12729 Stone Canyon Road Antonette Auburn, 12302 Old Stone Road Robert Good, 12730 Soule Street Motion by Councilmember Cafagna, seconded by Councilmember Callery to pull the second reading of Ordinance No. 418 from the calendar and renotice it at the same time of the next General Plan amendment when there will be a city-initiated GPA to change this property to RC. Motion carried unanimously. ITEM 6 (401-27) TAX RATES FOR BOND DEBT SERVICE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City has two existing General Obligation Bond issues from the two predecessor districts, Pomerado County Water District (sewer) and Poway Municipal Water District. In order to collect the amount necessary to pay the principal and interest on these bonds, a property tax rate must be set annually. Staff recommends adoption of a Resolution setting the tax rates at $0.00274 for the sewer bonds and $0.06118 for the water bonds. 4982 Page 5 - CITY OF POWAY - August 31, 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. 93-138, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 1993-1994 for Improvement Districts of the City Formerly Known as Poway Municipal Water District and Pomerado County Water District." Motion carried unanimously. ITEM 7 (602-01, #970) REIMBURSEMENT AGREEMENT AMENDMENT STONE CANYON ROAD SEWER MAIN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. A reimbursement agreement for a sewer main extension in Stone Canyon Road and Fallen Leaf Road was approved by the City Council on March 23, 1993. The contractor encountered rock and ground water during construction which added to the construction cost and warrants an amendment to the reimbursement agreement. The original amount to be reimbursed to the LaSalle Talman Bank whenever a property owner connected to the sewer main they constructed was $4,738.32. Amendment to recover the actual costs of construction would raise that amount to $15,705.32 for each of the 14 benefiting property owners. However, this report was prepared and distributed while the City Manager was on vacation and, in looking at the big picture, he would recommend this item be continued in order for staff to look at alternative ways of spreading the cost to include the additional lots east on Stone Canyon who will ultimately benefit from the line being brought this far. Speaking in opposition to staff recommendation: Ted Grosser, 13232 Stone Canyon Road Nancy Lynch, 13270 Stone Canyon Road Speakers objected to the short notice given of this proposed change and objected to the large proposed increase. Speaking in favor of staff recommendation: Don Ayles, ERB Engineering, 13260 Poway Road, engineer for the project explained the preliminary tests done in an attempt to determine if there was rock in this area. He requested the reimbursement agreement be for 15 years rather than 10. Motion by Councilmember Cafa§na, seconded by Councilmember Callery to continue this public hearing to September 28, 1993. Motion carried unanimously. 4983 Page 6 - CITY OF POWAY - August 31, 1993 ITEM 8 (203-04) VARIANCE 93-09 APPLICANT: MARTIN HALL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance to allow a swimming pool to observe a five and one-half foot street side yard setback when the zone requires a 20 foot setback, at 16269 Rostrata Hill Road. Staff recommends approval. Speaking in opposition to staff recommendation: Wayne Richards, 16257 Oak Creek Trail, who stated the pool should be moved to conform and should never have been permitted. City Manager Bowersox explained that the variance is required because there is a road easement over the property. Without that easement a variance would not have been required. The pool company submitted the plans for a building permit without showing the easement. He also suggested a condition be added to require removal of the green mesh on the existing chain link fence. Speaking in favor of staff recommendation: Martin Hall, 16269 Rostrata Hill Road. He stated the mesh is for the plants to grow on. Director of Planning Services Wright-Quastler said it should be removed by September 30, 1993. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-43, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-09, Assessor's Parcel Number 275-720-34." Motion carried unanimously. ITEM 9 (1170-08) RECLAIMED WATER DISTRIBUTION PLAN Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. Greeley &Hansen has finished amaster plan for the reclaimed water distribution system for North Poway. The purpose of the Reclaimed Water Distribution System Master Plan Phase III is to present the results of an analysis involving the potential connection to the planned Escondido Reclaimed Water system to satisfy nonpotable water demands in North Poway. It suggests that reclaimed water purchased from Escondido will be equal to or less than the cost of potable water. It assumes a continual incentive program from the County Water Authority and assumes the development of the Old Coach project which will construct a portion of the project and use some of the water for landscaping and golf course irrigation. Following discussion, motion by Councilmember Emery, seconded by Councilmember Snesko to accept the Reclaimed Water Distribution Master Plan Phase III (North Poway) and direct staff to proceed with permitting, environmental review, and coordination with the City of Escondido regarding the purchase and use of reclaimed water. Motion carried unanimously. 4984 Page 7 - CITY OF POWAY - August 31, 1993 CITY ATTORNEY ITEMS Assistant City AttorneX Smith requested closed sessions pursuant to Government Code §54956.9(a), pending litigation, City of Poway v. Parkway Business Center and Smith v. City of POWay. MAYOR AND CITY COUNCIL~INITIATED ITEMS 34A. Councilmember Caf~§na announced he had interviewed fifteen people in order to get a balanced group for the Ad Hoc Horse Boarding Facilities Committee. The following persons are willing to serve: Connie Griffin (affected neighbor); David Gillespie (boarding facility owner); Norm Switzer (veterinarian); DeAnne Erickson (horse owner); Jack Mitchell (non- affected citizen); and himself. Motion by Councilmember Emery, seconded by Councilmember Callery that the listed persons serve as the Ad Hoc Horse Boarding Committee. Motion carried unanimously. 34B. Councilmember Ca~agna said the Poway Rodeo Committee has asked if they can use their existling 4 x 8 signs that they normally put at major intersections ra~her than using the community event kiosks. Jerry Long, 12237 Old Pomerado Road, member of the Committee, spoke in favor of their request. Councili concurred that they could use their signs this year at the usual locatiqns; however they cannot add any new signs and must phase into using the kiosks next year. 36A. Councilmember Emqry stated he understood the Fish & Game Department will be prohibiting mquntain bicycles and horses from using the existing Green Valley Truck Trail that goes through Blue Sky Ranch. This is an access road that is us6d by vehicular traffic and should allow bicycles and horses. Staff w~s directed to work with Fish & Game to ensure continued use of the graded road. 36B. Councilmember Emery stated that Sheriff Roache has been quoted recently regarding cuts hR will be making in his department because of lack of funding. He asked that we ensure we still get the services we pay for and be aware of when it might be economical to start our own police department. Council concurred. 37. Mayor Higginson istated several constituents have asked his position on TwinPorts, a Bin~tional airport in the Otay Mesa area as a replacement for Lindberg Field. ~He stated that personally he supports the expansion of Lindberg Field but since SANDAG will be discussing it again he wanted the City Council to ~iscuss it. Chula Vista Mayo~ Tim Nader and Vincent Hall, Congressman Bob Filner's District Director, spoke in opposition to TwinPorts. Following discussion, motion by Councilmember Snesko, seconded by Councilmember Emery to request SANDAG to stop spending any additional funds for any further study of TwinPort. Motion carried unanimously. 4985 Page 8 - CITY OF POWAY - August 31, 1993 38A. 38B. 38C. Councilmember Snesko stated the discussion of a joint venture with North County InterFaith Center to provide housing for Poway homeless could be continued to September 7, 1993. Councilmember Snesko made a motion that the City Council approve the concept of two legislative proposals: one that would enable local governments to jointly or individually contract with the Immigration Naturalization Service to provide additional officers to enforce employer sanctions upon businesses that are hiring illegal aliens; and one that would enable local government to enforce employer sanctions via their own law enforcement agency or code enforcement officers. Further that the City Council agree to study the possibility of becoming involved in a pilot project with other San Diego County government agencies if such a project is approved by the INS. Following discussion Councilmember Snesko withdrew his motion. Motion by Councilmember Cafagna, seconded by Councilmember Callery to set up a workshop with the INS and legislators to discuss these issues. Motion carried unanimously. (1501-12) Councilmember Snesko made a motion, seconded by Councilmember Emery that we study the costs of having the Poway Sheriff's Office, when contacting suspected illegal aliens who have broken the law, hold them until such time the Border Patrol takes them into custody. Sheriff's Captain Collins cites some of the concerns they have with this proposal and Council requested she report back in two weeks. In the meantime Councilmember Snesko stated he would meet with the Sheriff's legal department to discuss this. (1501-12) CLOSED SESSION Mayor Higginson called for a closed session at 9:15 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:55 p.m. and stated the City Council had instructed the Attorney during closed session. Upon motion by Councilmember Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 9:56 p.m. Marjor~Wahlsten, City Clerk City off,way 4986