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CC 1994 06-07 CITY OF POgAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING JUNE 7, 1994 The June 7, 1994, 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 Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Jim Marmack Jim Bentz Patrick Foley 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 Sheriff's Captain Community Services Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. CERTIFICATE OF RECOGNITION Mayor Higginson presented a Certificate of Recognition for the San Diego County Water Authority's 50th Anniversary to Linda Brannon, City's Director on SDCWA Board of Directors. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Samuel Rodman, 14215 York Avenue, distributed a copy of a staff report from September 25, 1990 regarding improvement of York Avenue and asked when the work will be done. Staff will report back. 5226 Page 2 - CITY OF POWAY - June 7, 1994 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council May 10, 1994, Regular Meeting 12. Ratification of Warrant Registers - May 12, 19, 1994 (401-10) 13. Approval of $61,929 for library budget for fiscal year 1994-95. (701-09) 14. Acceptance of public improvements and release of securities for Sycamore Springs (AKA Woodcrest), Tentative Tract Map 88-03, Centex Homes, applicant; located north of Poway Road west of Pomerado Road. (602-01 #741) 15. Acceptance of Community Park East Ballfield from Heffler Company, Inc. (5625) (602-01 #205R) 16. Acceptance of City Hall Remodeling from Buck Electric. (5523) (602-01 #210R) 17. Adoption of Resolution No. 94-057 entitled, "A Resolution of the City Council of the City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the Southern California Joint Powers Insurance Authority (SCJPIA) and Rescinding Resolution 93-006."(1503-21) 18. Approval of a one-year extension of an agreement with Bob Wilson for lobbying services on behalf of the City of Poway. (602-01 #983) 19. Receive and file closed session report pursuant to Government Code §54957.1, Brookview property purchase by the Redevelopment Agency. (1002-01R) 20. Denial of claim for damages: Shawn and Gina Orr (704-13) 21. Approval of the following positions on pending legislation: support AB 517 which provides a mediation alternative for resolution of land use disputes; oppose AB 2876 which preempts local control of alarm systems; support AB 3493 which reinstates the ability of a public agency to consider the financial background of a surety company on public projects; support AB 2595 which would require the parent or guardian to participate in the community service sentence of a juvenile convicted of graffiti crimes; support AB 3774 which authorizes a lead agency to utilize an Environmental Impact Statement as the EIR for a federal military base reuse plan; oppose SB 1601 which would place any municipal utility lien on real property behind all other recorded liens; and support AB 3323 which would allow a legislative body to establish a fee for repeated field 5227 Page 3 - CITY OF POWAY - June 7, 1994 visits to the site of alleged violations of zoning regulations in order to ensure compliance. Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 434/GRAFFITI Mayor Higginson opened the public hearing and read the title of Ordinance No. 434, "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. This amends the definition of graffiti to include etching; prohibits possession of graffiti implements and requires implements to be behind a counter or in locked storage. 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 June 21, 1994 for second reading. Motion carried unanimously. ITEM 6 (1206-01) ADULT CABLE PROGRAMMING FRANCHISE FEE Staff report by City Manager Bowersox. At the May 10, 1994 City Council meeting, staff was directed to determine what amount of the City's franchise fees come from adult cable programming services provided by Cox Cable and Southwestern Cable, and how nonprofit service organizations would spend the funds in Poway. Staff estimates $3,144 of the $250,000 franchise fees can be attributed to adult programming. Representatives from the EYE Crisis Counseling Center and For Parents' and Kids' Sake are present to discuss their programs. Barbara Boody, 14734 Budwin Lane, representing the EYE Counseling Center in Escondido stated they respond to reports of sexual assault in Poway and assist the victim at the hospital and provide follow-up support services. They also provide other crisis response with the Sheriff and Fire Departments. Patty Seneski, nurse with the sexual assault response team at Pomerado Hospital, stated the EYE provides an advocate for the victim. Neville Bothwell, President of For Parents' and Kids' sake, stated they have a weekly program for victims of spousal abuse. Motion by Councilmember Snesko, seconded by Councilmember Emery to divide any franchise fees attributed to adult cable programming services between the EYE and For Parents' and Kids' Sake. Motion carried unanimously. 5228 Page 4 - CITY OF POWAY - June 7, 1994 ITEM 7 (1401-01) SWIM TEAM PRIORITY CRITERIA Staff report by Director of Community Services Thomas. At the May 10, 1994 City Council meeting, staff was directed to report on the criteria used for swim team priority at the Community Swim Center for the allocation of pool time and lanes. Our pool is in great demand with swim teams since it is one of the few 50 meter pools in the county. The priority policy adopted by the City Council in June, 1990, provides that those teams designated as resident would receive priority. As defined in the Council-adopted Classification of Applicants and Fees, a resident group is an organization with a membership of at least 50 percent Poway residents. To qualify as a nonprofit user, the organization must be registered with the State of California or have by-laws that clearly state the objectives of the organization are of a nonprofit nature. This criteria applies to the use of all City facilities. Speakers on this item included: Pamela Keyser, 13710 Putney Road, Pacific Swim Team E1 Walton, 15648 Boulder Ridge Lane, Blue Fins John Gonnerman, 16885 St. Andrews Drive James Perry, 13867 Lake Poway Road, Blue Fins Anne Caswell, 15845 Cumberland Drive, United Poway Swim Dianne Cabrera, 15111 Larry Street, Rancho Bernardo Swim/Blue Fins Rhonda Corn, 12638 Tustin, United Poway Swim Jeff Ukrainetz, coach for Rancho Bernardo High swim team Speakers suggested the rules for non-profit status be strengthened; a maximum of three lanes per team; 6 swimmers per lane; swimmers from different teams sharing lanes; and different ways of determining resident status. Council discussion included availability of the long course on Saturday and Sundays between 5:15 and 9:45 a.m.; need to give staff the authority to make decisions on site; desire to maximize general public use; suitability of current non-profit criteria; desire to work with Poway High School to coordinate and maximize Poway High School's pool; and need to determine where the school swim teams fit in. Motion by Councilmember Emery, seconded by Councilmember Cafagna to not change the resident criteria and priority; request staff get a copy of Poway High School's pool schedule; confirmed staff's authority to make decisions on site. Motion carried unanimously. (Councilmember Snesko left the room.) ITEM 8 (203-11) COASTAL SAGE SCRUB REMOVAL POLICY Staff report by City Manager Bowersox. In October, 1993, the City Council 5229 Page 5 - CITY OF POWAY - June 7, 1994 adopted a resolution establishing a policy concerning removal of coastal sage scrub pursuant to the U.S. Fish & Wildlife Service's special rule defining the conditions under which "taking" of the California gnatcatcher would not be considered a violation of the Endangered Species Act. The California Department of Fish & Game published "Southern California Coastal Sage Scrub Conservation Guidelines" which are somewhat different and staff recommends amendment of our policy. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 94-058, entitled, "A Resolution of the City Council of the City of Poway, California Establishing a Policy Concerning Removal of Coastal Sage Scrub and Rescinding Resolution 93-149." Motion carried 4-0 with Councilmember Snesko out of the room. ITEM 9 (209-01) SOUTH POWAY BUSINESS PARK MARKET ANALYSIS Item introduced by City Manager Bowersox. On March, 1994, the City Council approving a contract with Kosmont &Associates, Inc. to conduct a market analysis and absorption study of the industrial property within the South Poway Business Park to determine, among other things, whether the City Council should consider allowing alternate land uses. Jim Rabe and Ann Kinner of Kosmont & Associates presented their report with recommendations on how to market the Park, and projections for absorptions. Many of these recommendations have been implemented since the hiring of Ross Spalding as Economic Development Manager on a two year assignment. Jim Seifert, 16344 Martincoit Road, commercial broker, stated the City needs to send a clear message to the marketplace regarding the ownership status of Parkway Business Centre. Neville Bothwell, 3575 Kenyon Street, San Diego, South Poway developer, suggested authorizing additional staff-level approvals, particularly development reviews, would save project processing time. Council concurred to receive and file this report. Staff was directed to meet with the developers to analyze the process to see where time could be saved and to look at the Agency loaning money to the City for development fees which would be paid by the developer at the time of sale or lease and then repaid to the Agency. ITEM 9.1 (1401-01) SKATEBOARD PARK LOCATION Councilmember Snesko requested this item be removed from the calendar. He will bring it back at a later date. Motion by Councilmember Snesko, seconded by 5230 Page 6 - CITY OF POWAY - June 7, 1994 Councilmember Emery to remove the discussion of a skateboard park location from calendar. Motion carried unanimously. ITEM 9.2 (1503-17) SAN DIEGO WASTEWATER MANAGEMENT DISTRICT Staff report by City Manager Bowersox. On June 6, 1994, the San Diego City Council took action to support the SanDistrict General Manager's recommendation regarding repayment of front-funded non-contract costs to allow repayment through eight quarterly payments. The first four payments go directly to the City of San Diego, the last four are paid into a trust fund. If the transfer to the SanDistrict is not completed by July 1, 1996, the member agencies will be eligible to be refunded the four payments and return to the original sewage disposal agreements. Staff currently believes the least cost to the sewer rate payer will be under SanDistrict and is recommending Council take certain actions to indicate their support of the SanDistrict. Motion by Mayor Higginson, seconded by Councilmember Emery to indicate to the City of San Diego Poway's intention to remain a member of the SanDistrict; support SanDistrict's version of the Memorandum of Understanding and accept the separation of the MOU from the District Master Interagency Agreement and recognize that the DMIA will be completed by December 31, 1994; and support the City of San Diego's version of the modified weighted vote system, requiring San Diego and two members to successfully pass a weighted vote motion. Motion carried unanimously. ITEM 9.3 (1503-36) SOLID WASTE MANAGEMENT AUTHORITY Staff report by City Manager Bowersox. It is necessary to appoint a representative and alternate to the San Diego Solid Waste Management Authority Governing Commission. Motion by Councilmember Emery, seconded by Councilmember Callery to appoint.Councilmember Cafagna as the City's representative and Mayor Higginson as the alternate. Motion carried unanimously. ITEM 9.4 (1503-02) SANDAG HOUSING ADVISORY COMMITTEE Staff report by City Manager Bowersox. SANDAG is requesting representation from the City to a Housing Advisory Committee. Motion by Councilmember Emery, seconded by Councilmember Cafagna to appoint Councilmember Callery as the representative and MayorHigginson as the alternate. Motion carried unanimously. CITY ATTORNEY ITEMS 23. City Attorney Eckis requested a closed session to discuss existing 5231 Page 7 - CITY OF POWAY - June 7, 1994 litigation in three cases, pursuant to Government Code §54956.9(a): City of Poway on behalf of CFD 88-1 v. Parkway Business Centre Partners Ltd., et al.; Sycamore Canyon Association v. City of Poway; San Diego Gas & Electric Company v. City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 26A. Councilmember Emery stated we have received a request from Poway High School for a Community Contribution donation for the Emerald Brigade marching band trip to the 1995 Pasadena Tournament of Roses Parade. Motion by Mayor Higginson, seconded by Councilmember Emery to approve a $2,500 Community Contribution donation, as requested. Motion carried unanimously. 26B. Councilmember Emery stated he has received the clarification from the City Attorney regarding smoking ordinance provisions' application to certain meetings. City Attorney Eckis stated he has written a letter to the Alano Clubs stating that if their meetings are open to the public, the smoking ordinance applies. 26C. Councilmember Emery stated he has attended two performances at the Center for the Performing Arts recently and each time the wheelchair access from the street was blocked by a parked vehicle. He also asked if it was possible to have a turn-out on the south side of Titan Way. 27. Councilmember Snesko requested the Traffic Safety Committee study the right turn only out of the Post Office parking lot to see if it is still warranted. 28. Mayor Higginson requested and received concurrence to hold a pre- development conference with Zip Lucidi for a golf practice facility at Highway 67 and Poway Road on June 23, 1994. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 9:30 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:50 p.m. with all Councilmembers present. The meeting was adjourned on motion by Councilmember Emery, seconded by Councilmember Callery. sten, City Clerk City off, way 5232