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