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CC 1994 05-10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 10, 1994 The May 10, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:00 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 Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Dan Cannon 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 Director of Public Services Director of Redevelopment Services Principal Planner Parks & Landscape Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PROCLAMATIONS Mayor Higginson proclaimed May, 1994 as "National Better Hearing and Speech Month," and presented the proclamation to David Illich, an audiologist with the Palomar/Pomerado Health System. Mayor Higginson proclaimed May 15-21, 1994 as "National Public Works Week" and presented the proclamation to Randy Williams, Director of Public Services. PRESENTATION Richard Cooke, USMCGeneral (Ret.) and airline pilot CharlesJensen, representing the Citizens for Miramar, made a presentation supporting Proposition A which will be on the ballot in June regarding relocating Lindbergh Airport to Miramar Naval Air Station if the military leaves it. Mayor Higginson stated they will be discussing this under his portion of the agenda in order to receive direction for his vote at SANDAG. 52O5 Page 2 - CITY OF POWAY - May 10, 1994 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 22 from the Consent Calendar. City Manager Bowersox pulled consideration of SB 1839 from Item 24. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar, as follows: 16. Approval of Minutes - City Council April 12, 1994, Regular Meeting April 14, 1994, Adjourned Regular Meeting April 19, 1994, Regular Meeting 18. Ratification of Warrant Registers - April 14, 21, 1994 (401-10) 19. Receive and file report of administrative action taken on City Council Initiated and Public Inquiry Items from March 22 to April 29, 1994. (701-01) 20. Continue Approval of Agreement between the County of San Diego and the City of Poway for Public Transportation Services for FY 1994-95 through 1996-97 to May 17, 1994. (602-01 #35) 21. Acceptance of deed for mobile home at Poinsettia Mobilehome Park; authorization for staff to conduct minor repairs; and authorization for staff to resell unit to recoup costs. (1601-10R) 23. Adoption of Resolution No. 94-049, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 86-3 With the Annexation of APN 317-130-47 by Written Consent of Property Owner,"; Sunwest Group, Stephen Chan, owner (MegaFood site). (705-12) 24. Adopted the following positions on pending legislation: oppose AB 2983 which creates a new level of government bureaucracy to review decisions of local agencies regarding building standards; support SB 1941 which would ban the practice of the cable industry of selling lists of cable subscribers without their permission; support SB 1942 which authorizes the formation of a Cable Advisory Committee to help in implementing the 1992 Cable Act; support SB 1321 which provides that a state-mandated program shall not apply to any city with a population of 25,000 or less without being fully funded by the state; oppose SB 2054 which would increase the cost of PERS benefits to employers; oppose AB 2788 which would require all cities and counties to fund public safety at the 1992-93 level; oppose AB 2629 which would create inverse condemnation liability for 5206 Page 3 - CITY OF POWAY - May 10, 1994 the damage to personal property; support AB 3396 which limits the State Controller's Office from imposing retroactive record keeping requirements for Brown Act claims. Consideration of SB 1839 was pulled. {701-11} Motion carried unanimously. ITEM 6 (402-05) ANNUAL RIGHT-OF-WAY PERMIT FEES City Manager Bowersox recommended this item be removed from calendar for further staff review. Motion by Councilmember Emery, seconded by Councilmember Callery to remove consideration of an annual right-of-way permit fee for utility companies from the calendar. Motion carried unanimously. ITEM 7 (203-04) VARIANCE 94-02/MINOR DEVELOPMENT REVIEW 94-16 APPLICANT: PETER ORTH Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 1,065 square foot addition at 15841 Lime Grove Road which requires a variance approval for a 10 foot side yard setback rather than the required 20 foot. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-24, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 94-02 and Minor Development Review 94-16, Assessor's Parcel Number 275-732-03." Motion carried unanimously. ITEM 8 (705-07) LANDSCAPE MAINTENANCE DISTRICT 83-1, ZONE A Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. There have been five new parcels added to Landscape Maintenance District 83-1, Zone A, in the past year which requires two public hearings to allow public testimony regarding the proposed assessments. This is the first of those hearings. The assessments are proposed to be reduced to $118.48 per year from $136.40. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery, to continue consideration until the June 14, 1994 public hearing. Motion carried unanimously. 5207 Page 4 - CITY OF POWAY - May 10, 1994 ITEM 9 (705-11) LANDSCAPE MAINTENANCE DISTRICT 86-2, ZONE B Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The assessments for Landscape Maintenance District 86-2, Zone B, Sycamore Creek, are proposed to increase to $240.90 per year from $217.48, based on property owners request for an increased level of service. This requires two public hearing to allow public testimony. This is the first of those hearings. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to continue consideration until the June 14, 1994 public hearing. Motion carried unanimously. ITEM 10 (705-12) LANDSCAPE MAINTENANCE DISTRICT 86-3, ZONE B Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. There have been two new parcels added to Landscape Maintenance District 86-3, Zone B, in the past year which requires two public hearings to allow public testimony regarding the proposed assessments. This is the first of those hearings. The assessments are proposed to be reduced to $113.80 per year from $139. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Emery to continue consideration until the June 14, 1994 public hearing. Motion carried unanimously. ITEM 11 (401-17) SWIM CLUB FEES AT COMMUNITY SWIM CENTER Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On December 14, 1993, the City Council directed staff to determine the hourly rate for renting the pool during private time hours in excess of the 400 hours previously allocated for private time. Staff has met with the swim teams and is recommending 900 hours of private time rental in 1994-95 with a new fee schedule based on a sliding scale with groups composed of a higher percentage of residents paying a lower hourly rate. The Parks & Recreation Committee approved the proposal at their April 20, 1994 meeting. Those present to speak: Edward Walton, 15648 Boulder Ridge, Blue Fins Swim Team Dianne Cabrera, 15111 Larry Street, Rancho Bernardo High Aquatics 52O8 Page 5 - CITY OF POWAY - May lO, lgg4 Pat Zigarmi, 1767g Valle Verde, Blue Fins Swim Team Speakers did not object to the proposed fee schedule, but questioned whether the "resident" category should be divided into "resident for profit" and "resident non-profit"; asked that team priority for pool times be looked at again; suggested that a definition of "team" mean recognized by U.S. Swimming; requested that staff devise a better way of monitoring a team's residency compliance. Council asked about open time for the public to verify that action taken on this item would not reduce open swim time, and stated that the high schools should have priority. Motion by Mayor Higginson, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 94-050, 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. 93-101," with direction to staff to report back regarding the priority criteria, how residency is monitored and penalties for false information. Motion carried unanimously. ITEM 12 (1002-03R) TRANSFER OF REAL PROPERTY PERSOPLIS PARTNERS, RAHI NIKRAVESH Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Persoplis Partners is processing Boundary Adjustment 91-11 for the transfer of approximately 15,000 square feet of Redevelopment Agency property in exchange for an easement on his property for the Scripps Poway Parkway near the intersection of Old Pomerado Road. Staff recommends approval. 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. 94-051, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Transfer of Real Property by the Poway Redevelopment Agency to Persoplis Partners," Resolution No. 94-052, entitled, "A Resolution of the City Council of the City of Poway Determining that the Transfer of Redevelopment Agency Real Property with Persoplis Partners for a Slope Easement and Right-of-Way Easement (Scripps Poway Parkway) is of Benefit to the Paguay Redevelopment Project," and direct the City Engineer to execute the Certificate of Compliance for Boundary Adjustment 91-11. Motion carried unanimously. 5209 Page 6 - CITY OF POWAY - May 10, 1994 ITEM 13 (1110-01) SYCAMORE CANYON ROAD/SCRIPPS POWAY PARKWAY Staff report by City Manager Bowersox. At the April 12, 1994, City Council meeting, Marianne Reynolds inquired about the impacts of the proposed intersection of Sycamore Canyon Road with Scripps Poway Parkway. The Environmental Impact Report for the extension from Stowe Drive to Highway 67 was certified by the City Council on February 8, 1994. The proposed project includes a signalized at-grade intersection. Existing traffic volumes on Garden Road near Garden Road School, and on Sycamore Canyon Road north of the Parkway are 2,300 and 500 average daily trips, respectively. They are anticipated to increase to 5,050 and 4,350 respectively on opening the Parkway with an at-grade intersection. Staff recommends the City Council receive and file the report. Speaking in opposition to the intersection: Marianne Reynolds, 13692 Quiet Hills Drive Gail Trunnell, 13314 Neddick Avenue Fran Hjalmarson, 15125 Garden Road, PTA President Speakers presented a copy of a neighborhood survey which indicates opposition to the connection because of danger to children and potential of increased crime. City Attorney Eckis cautioned the City Council that we have been sued over this project and it is not yet clear what all the issues will be. Following discussion, Council concurred to receive and file the report. ITEM 14 (1204-06) HYDRANT FLUSHING PROGRAM Staff report by City Manager Bowersox. At the April 19, 1994 City Council meeting, Jim Shea stated the fire hydrant near his home had not been flushed since 1989. A review of the maintenance records confirms this. Maintenance flushing was discontinued as a water conservation measure during the drought. Staff did not resume its normal annual program until August, 1993. However, the water line in Mr. Shea's cul-de-sac was connected to the South Poway Business Park about four years ago and the water system now completes a loop which eliminates the possibility of stagnant water. Staff recommends the City Council receive and file this report. Council concurred. ITEM 15 (705-10) POWAY LIGHTING DISTRICT Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention setting a public hearing for the Poway Lighting District which includes all street lighting facilities within the City's boundaries including street lights, traffic signals, and flashing beacons. Assessments are not proposed to increase over 1993-94. 5210 Page 7 - CITY OF POWAY - May 10, 1994 Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 94-053, entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments within the Poway Lighting District for Fiscal Year 1994-95," setting the public hearing for June 14, 1994, and approving the Engineer's Report. Motion carried unanimously. ITEM 15.1 (705-14) LANDSCAPE MAINTENANCE DISTRICT 87-1 Staff report by City Manager Bowersox. The City Council approved an Engineer's Report on April 12, 1994 recommending no change in the assessment rate for Landscape Maintenance District 87-1 (South Poway Business Park). It has been determined that by using interest earned and excess funds from the cash carry over instead of placing them into the reserves, assessments can be reduced to $750.839 from $798.76 per net acre per year. Staff recommends this change. Motion by Councilmember Callery, seconded by Councilmember Emery to adopt Resolution No. 94-054, entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 87-1 for Fiscal Year 1994-95, Rescinding Resolution No. 94-037," and approving the amended Engineer's Report proposing assessments of $750.839 per net acre per year. Motion carried unanimously. CITY ATTORNEY ITEMS 27. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a) for three existing cases: City of Poway on behalf of CFD 88-1 v. Parkway Business Centre Partners Ltd., et. al; Sycamore Canyon Association v. City of Poway; and San Diego Gas & Electric Company v. City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 32. Mayor Higginson, as the City's SANDAG Director, requested direction on taking a position on Proposition A which will be on the June 7, 1994 ballot. Council concurred that if Lindbergh Airport is ever going to be relocated within the County, Miramar Naval Air Station is the only logical site. Motion by Councilmember Snesko, seconded by Councilmember Cafagna, to authorize Mayor Higginson to vote in support of Proposition A. Motion carried unanimously. 31. Councilmember Snesko stated much abuse of women is the result of male's exposure to pornography and made a motion that the portion of cable television franchise fees attributable to adult channels be given to the Rape Crisis Center. There was no second. 5211 Page 8 - CITY OF POWAY - May 10, 1994 Following discussion, Councilmember Snesko withdrew his original motion and made a motion that staff be directed to determine what amount of franchise fees from Cox Cable and Southwestern Cable is attributable to adult channels; how the Rape Crisis Center would utilize the funds to benefit Poway residents; and if the funding should go to a local organization such as For Parents' and Kids' Sake. Motion carried unanimously. ITEM 22 (601-04) VEHICLE CONVERSION TO CNG Councilmember Snesko stated he had pulled this item from the Consent Calendar and asked how many years of life were in the vehicles being converted and what type of gas savings was anticipated. Director of Public Services Williams stated that we are required to start improving air quality and this is being proposed from that standpoint, not the gasoline savings. The four vehicles selected are relatively new Public Services vehicles and on the road every day with heavy use. They were selected to gather data on compressed natural gas vehicles before proceeding with purchase of other vehicles. Motion by Councilmember Emery, seconded by Councilmember Callery to authorize staff to convert four City vehicles to compressed natural gas and consider compressed natural gas when purchasing replacement vehicles. Motion carried unanimously. CLOSED SESSION Mayor Higginson called for a closed session at 9:10 P.M. as requested by the City Attorney. CALL TO ORDER AND ADJOURNHENT Mayor Higginson called the meeting back to order at 9:55 with all Councilmembers present and stated no report regarding closed session was required. He adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Snesko. Marjor~e~K. Wahlsten, City Clerk City o~way 5212