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CC 1994 08-23 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 23, Zg94 The August 23, 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, Tony Snesko, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez 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 Director of Safety Services Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Councilmember Callery 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 Mayor Higginson announced that he was pulling Item 16 from the Consent Calendar. Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: o Approval of Minutes - City Council August 2, 1994, Regular Meeting 5294 Page 2 - CITY OF POWAY - August 23, 1994 11. Ratification of Register of Audited Demands - July 1 - 31, 1994 (401-10) 12. Adoption of Resolution No. P-94-44, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 94-53," Ranchos Cycling Club/Alan Tragarz applicant, for a bicycle race to be held in the South Poway Business Park on September 11, 1994. (203-07) 13. Adoption of Resolution No. 94-092, entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-3 with the Annexation of APN 317- 820-02 Through 09 by Written Consent of Property Owners," Tentative Tract Map 90-05, Creekside Plaza, Poway Creekside Partners, owner. (705-12) 15. Award of bid for Community Road Widening Improvements from Poway Road to Civic Center Drive to ABC Construction Company, Inc., in the amount of $219,625. (5277A) (602-01, #218R) 16.1 Award of bid for the City reroofing Project to Stricker Roofing in the amount of $241,009 (1519). (602-01 #1028) Motion carried 4-0 with Councilmember Emery absent. ITEM 4 (203-14) 1994-95 TAX RATES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City has two existing general obligation bond issues for the Sewer Improvement District and PowayMunicipal Water District. In order to collect the amount necessary to pay the principal and interest on these bonds, the Council is required to annually set a property tax rate. They propose a rate of $0.00251 for the Sewer Improvement District and $0.05995 for the Poway Municipal Water District. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 94-093, 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 1994-1995 for Improvement Districts of the City Formerly Known as Poway Municipal Water District and Pomerado County Water District." Motion carried 4-0 with Councilmember Emery absent. ITEM 5 (203-14) DEVELOPMENT REVIEW 94-05 APPLICANT: JOHN BAKER, BOSTON PACIFIC Staff report by City Manager Bowersox. This is a request to construct a 3,000 5295 Page 3 - CITY OF POWAY - August 23, 1994 square foot restaurant on Lot 3 of Creekside Plaza at 13265 Poway Road. This is one of three freestanding pads which will be built to suit. Councilmember Snesko questioned the parking situation in the center stating there is not enough parking in the evenings and on week-ends. Director of Planning Services Wright- Quastler stated that this project will provide an additional 23 on-site parking spaces. Mayor Higginson suggested signs could be put up to direct movie patrons to the City Hall parking lot for additional parking evenings and week-ends. Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the public hearing, find that the previously certified EIR adequately addresses the anticipated adverse environmental impacts of this project, and adopt Planning Resolution P-94-45, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 94-05, Assessor's Parcel Number 317-820-03." Motion carried 4-0 with Councilmember Emery absent. ITEM 6 (1301-01) DRUG HOT LINE AND REWARD SYSTEM City Manager Bowersox requested this item be removed from calendar. Councilmember Snesko stated he is meeting with Superintendent Reeves in the near future and then it will be rescheduled. Council concurred to remove it from calendar. ITEM 7 (1401-11) TRAIN CROSSINGS IN OLD POWAY PARK Staff report by City Manager Bowersox. At Council request, the Traffic Safety Committee has reviewed train operations at Old Poway Park and has made recommendations for improving vehicle and pedestrian safety. To complete all remaining unfinished Park facilities and install safety improvements additional funds will need to be appropriated from other projects. Speaking in favor of staff recommendation: Steve Oualline, 10214 Black Mountain Road, San Diego, Poway-Midland Railroad Volunteers Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the eight safety recommendations including installation of railroad crossing gates, and appropriate $75,400 from project #5477 and $18,000 from project #5252, and authorize staff to proceed with direct purchase of the railroad gates. Motion carried 4-0 with Councilmember Emery absent. 5296 Page 4 - CITY OF POWAY - August 23, 1994 ITEM 8 (706-02) COMMUNITY FACILITIES DISTRICT 88-1 REIMBURSEMENT TO CERTAIN OWNERS Staff report by City Manager Bowersox. On August 9, 1994, City Council approved the levy of the maximum assessment on all property owners in Community Facilities District 88-1 in order to pay debt service and replenish the reserve fund. The Council questioned why the owners who had been paying their assessments on time should be penalized for those in default and asked staff to look at a method of reimbursement. Staff recommends the establishment of an escrow fund for reimbursing those property owners who kept their property taxes current and fund it upon settlement with the delinquent property owners. Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve staff recommendation. Motion carried 4-0 with Councilmember Emery absent. ITEM 8.1 (102-05) TELECOMMUNICATIONS POLICY Staff report by City Manager Bowersox. Pacific Bell plans to invest $16 billion to replace its existing network with fiber optic cable and the City has been selected to be one of the 24 test sites for this project. To ensure that the new technologies serve the public, staff recommends the City Council adopt the League of California Cities' Telecommunications Policy and authorize the City Manger to lobby the various bills at the state and federal level consistent with the policy. The policy addresses universal access; even application of regulations to all providers; local authority over matters of local impact; compensation for use of public rights-of-way; adequate spectrum capacity for public safety and other public use; FCC certification of local franchising authority; and protection of privacy for consumers. Motion by Councilmember Snesko, seconded by Councilmember Callery to adopt the League of California Cities' Telecommunications Policy and authorize the City Manager to lobby appropriately. Motion carried 4-0 with Councilmember Emery absent. ITEM 8.2 (602-01 #217R) EXCLUSIVE RIGHT TO NEGOTIATE THE OVERLAND COMPANY Staff report by Executive Director Bowersox. Overland Company is in escrow to purchase Poway Plaza and wishes to also own the southwest corner of Poway and Community Roads which is now owned by the Redevelopment Agency. The Agency proposes an agreement for the exclusive right to negotiate for the purchase of this property by the Overland Company, Edward Berger and Paul Congleton, principals. The Agency will be able to negotiate uses and appearance. 5297 Page 5 - CITY OF POWA¥ - August 23, 1994 Motion by Director Snesko, seconded by Director Cafa§na to approve the Exclusive Right to Negotiate Agreement with the Overland Company. Motion carried 4-0 with Director Emery absent. ITEM 16 (704-13) DENIAL OF CLAIM POWAY ROYAL MOBILE HOME OWNERS ASSOCIATION Mayor Hi§ginson stated he had pulled this item from the Consent Calendar. He read a prepared statement with six principles he asked the City Council and the residents to keep in mind, including that the mobile home parks were purchased to ensure maintenance of an alternative form of housing for Poway residents; the ownership of mobile home parks should not be a financial burden to City taxpayers; neither the City or the Redevelopment Agency should receive a financial gain; the City does not need to own or operate mobile home parks; the City should continue to financially assist those mobile home residents most in need; and mobile home residents should have a say in their destiny. He also presented three recommendations regarding developing alternative financing plans. Staff report by City Manager Bowersox. Recommendation is to deny the claim. Speaking in opposition to staff recommendation: Sylvia Nicpon, 13325 Buena Vista, President of the Association, stated they would not file a lawsuit if the Council would meet with the Association within ten days. Deanna Simpson, 13318 Dana Vista James Luther, 13037 Alpine Drive Councilmember Snesko suggested that the claim not be denied right now and that we work with the Association to resolve the problems. City Attorney Eckis stated that when a claim is filed it can be denied by action of the legislative body within 45 days or, if no action is taken, it is deemed denied. The difference is the time limits it gives the claimant to file a lawsuit. Motion by Councilmember Cafagna, seconded by Mayor Higginson to deny the claim and request staff to recommend a structure that can be used to meet with the Association. Motion carried 4-0 with Councilmember Emery absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Cafagna requested his item regarding proposed amendments to the Horse Ordinance be removed from the agenda. 22A. Councilmember Snesko requested staff initiate negotiations with Wal-Mart to lease a portion of their unused parking lot fronting on Midland Road 5298 Page 6 - CITY OF POWAY - August 23, lgg4 22B. 22C. for a temporary skateboard park. The City could offer to indemnify them. In response to Councilmember Callery's query, Councilmember Snesko stated he had not talked to Wal-Mart about this. Motion by Councilmember Callery, seconded by Councilmember Cafagna to authorize Councilmember Snesko to contact Wal-Mart about this proposed lease. Motion carried 4-0 with Councilmember Emery absent. Councilmember Snesko stated the Sheriff's deputies need a uniform procedure regarding skateboarders and confiscation of their skateboards. He made a motion that the first contact be a warning, the second be a citation with confiscation, and the ability of a parent to pick it up at the Sheriff's sub-station. There was no second. Director of Safety Services Sanchez stated that in order to be consistent Captain Marmack is preparing guidelines for the deputies. They will be ready to be reviewed by the City Council in two weeks. Councilmember Snesko stated he would withdraw his motion until the guidelines are presented. Councilmember Snesko stated he had received a letter from T.R.U.S.T. (Teens and Retailers United to Stop Tobacco) offering to do a vending machine surveillance or over-the-counter sales sample to help determine the youth access to tobacco problem in Poway. He requested the City Council hold a workshop with T.R.U.S.T. Council concurred and staff will schedule. AD~OURNHENT Mayor Higginson adjourned the meeting at 8:00 p.m. on motion by Councilmember Cafagna, seconded by Councilmember Snesko. Wahlsten, City Clerk Y 5299