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CC 1994 09-27 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 27, lgg4 The September 27, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:04 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 Peggy Stewart Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Patrick Foley Penny Riley City Manager City Clerk City Attorney Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner 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 person was present wishing to speak: Karen Walczak, 13323 Buena Vista, stated she had not been told about the planned rent increases at Poway Royal when she moved in, and she is opposed to the proposed rules that the Housing Commission will be discussing. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: o Approval of Minutes - City Council September 5, 1994, Regular Meeting 5318 Page 2 - CITY OF POWAY - September 27, 1994 6. Approval of City Investment Report: August 31, 1994. (408-01) 7. Acceptance of public improvements and release of security for the Pomerado Auto Service Center, located at 13508 Pomerado Road. (602-01, #707) Motion carried unanimously. ITEM 8 (701-04) ACCESSIBILITY OF TOBACCO TO YOUTH City Manager Bowersox stated Council had requested a presentation by Project TRUST (Teens and Retailers United to Stop Tobacco) and noted for the record a letter from the California Grocers Association opposing elimination of self- service cigarette racks in grocery stores. Staff report by Director of Planning Services Wright-Quastler. The Council had been waiting on a model ordinance which was being prepared by SANDAG to regulate display of tobacco products county-wide. However it was never finalized and some cities have gone ahead with their own ordinances. Staff has prepared a draft that requires tobacco products behind the counter, removal of cigarette vending machines in places easily accessible to minors and signage where cigarettes are sold stating that it is unlawful to sell tobacco to persons under eighteen. A representative from Project TRUST presented information regarding the targeting of youth by the tobacco industry and stated the most effective method to keep them from starting to smoke is to make access difficult and urged the Council to adopt such an ordinance. Motion by Councilmember Emery, seconded by Councilmember Snesko to direct staff to schedule an ordinance regulating the display of tobacco products and banning vending machines in Poway. Motion carried unanimously. ITEM 9 (1503-02) SANDAG DRAFT REPORTS A. SERIES 8 POPULATION AND GROWTH FORECAST Director of Planning Services Wright-Quastler stated the regional growth forecast is a projection of growth that will occur in the region if events are allowed to proceed without intervention. It is not a policy statement about the way the region should develop. It is produced in two phases. The first is the region wide forecast which produces population, housing, employment and related growth projections for the region as a whole. It shows a growth of 51 percent by the year 2015. Natural increase (births minus deaths) accounts for 52 percent of this growth. The second phase is the subarea allocation phase in which the distribution of the 5319 Page 3 - CITY OF POWAY - September 27, lgg4 growth by jurisdiction is predicted. This phase could only project to 2005 because, based on currently adopted general plans, there is not enough land planned for urban residential development to accommodate growth past that year. Poway is shown at 51,028 in 2005. Staff recommends that the City Council not approve the Series 8 Regional Growth Forecast until the area within the boundaries of the Poway Subarea Plan Focused Planning Area has been shown as constrained and the projected allocation for Poway adjusted accordingly. George Frank of SANDAG staff was present to answer questions. Councilmember Emery stated he will not accept the premise that we must accommodate growth beyond our general plan. B. DRAFT LAND USE DISTRIBUTION ELEMENT FOR REGIONAL GROWTH MANAGEMENT STRATEGY Director of Planning Services Wright-Quastler stated the draft Land Use Distribution Element of the Regional Growth Management Strategy has been distributed by SANDAG for comment. As noted in Item A, the residential growth that is expected beyond the year 2005 cannot be accommodated under existing land use policies. It attempts to find answers to the question of "what changes could be made to land use policies to protect the quality of life in the face of projected growth?" by proposing strategies to focus growth in areas where services are available, and at encouraging transit-oriented development. Approval would require that Poway consider, evaluate, encourage and monitor proposals aimed at intensification of development in transit areas. Staff recommends approval in that their use as guidelines is an appropriate regional approach. C. DRAFT REGIONAL OPEN SPACE STRATEGY FOR REGIONAL GROWTH MANAGEMENT STRATEGY Director of Planning Services Wright-Quastler stated the Open Space Strategy builds on existing regional open space programs and proposes additional actions which would more effectively preserve regionally significant open space. The focus is implementation and institutional structure. Staff recommends the following comments be forwarded to SANDAG: 2. 3. 4. o The City of Poway supports the coordination of effort in open space planning for the San Diego region. The City of Poway supports the multi-habitat multi-species approach to biological open space planning. The City of Poway supports the principles outlined for guidance in preparation of the Open Space Strategy. The City of Poway supports the finding of the SANDAG Public Finance Subcommittee which states "now is not the time to raise local taxes in order to pay for regional public facilities..." Poway recommends that regional open space planning take full advantage of 5320 Page 4 - CITY OF POWAY - September 27, 1994 o existing public lands including those held by the Resolution Trust Corporation. Federal and state funding sources should be fully explored and utilized. Preservation of open space through land use regulation is acceptable as long as it respects private property rights. Mike McLaughlin was present from SANDAG to answer questions. D. DRAFT REGIONAL ENERGY PLAN Director of Planning Services Wright-Quastler stated this plan was prepared as a result of work sponsored by the California Energy Commission. The goal is to "meet the energy needs of the San Diego region using efficiency and supplies which minimize cost, and which are consistent with the environmental quality and economic prosperity objectives of the region's growth management strategy." Staff recommends Council support the Plan with particular support for those actions which foster local energy-related employment and business development, emphasize incentives for voluntary actions and reflect local jurisdiction's land use authority. Steve Saxe was present from SANDAG to answer questions. E. AIR QUALITY AND TRANSPORTATION PLAN Director of Engineering Services Weston stated the greatest impacts to Poway are that interagency consultation will be required on certain issues not presently considered. Scripps Poway Parkway is presently the only arterial in Poway on the "regionally significant" list. It will be reviewed bi-annually to measure Clean Air Act standards. Exceeding Level of Service C will trigger the need for mitigation, or a plan for restoration to LOS C or better. Staff recommends the report be received and filed. Don McKelvey, 13857 York Avenue, expressed concern regarding the level of SANDAG's interference in local affairs and asked how much the City pays for SANDAG services. He suggested we withdraw from SANDAG and give the control to our local officials. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendations on the SANDAG draft reports. Motion carried unanimously. ITEM 10 (1503-36) SOLID WASTE AUTHORITY UPDATE GREGORY CANYON LANDFILL City Manager Bowersox and Councilmember Cafagna reported on the activities of the Solid Waste Management Authority. Membership commitments are still limited to the County and cities of Del Mar, Encinitas, Lemon Grove, National City, Poway, Solana Beach, and Vista with a combined tonnage of 450,000 tons, or 40 percent 5321 Page 5 - CITY OF POWAY - September 27, 1994 of the previous system. The other ten cities will not commit, however all but E1Cajon are still using the system. Oceanside has just signed a contract with Waste Management to take their trash to West Covina. Most objections to joining the Authority revolve around the financial issues with the North County Resource Recovery facility in San Marcos. The Authority has worked on its goal to operate the solid waste system as if it were a business. The 1994-95 proposed County staff budget required a tipping fee of $73.00 per ton. The Authority has adopted a budget that can meet all costs with a tipping fee of $55.00 per ton. If you exclude the NCRRA costs, the tipping fee would be $27.00. A Committee is currently working to renegotiate the service portion of the contract for the NCRRA plant. Councilmember Cafagna stated that as a member of the Authority he had voted to oppose the Gregory Canyon Landfill Initiative because it circumvents County land use regulation processes. Councilmember Emery stated that since we're all County residents and the proposed landfill is in an unincorporated area, we should be able to vote on it. The Council concurred to not take a position on this Initiative. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a) to discuss Smith v. All Persons, Superior Court No. 667691, and Smith v. City of Poway, Superior Court No. 625859. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Mayor Higginson announced the appointment of Tom Tremble to the Housing Commission. CLOSED SESSION Mayor Hig§inson called for a closed session at 9:05 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 11:05 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Callery and seconded by Councilmember Cafagna. Marjomie Wahlsten, City Clerk City Of Poway 5322