CC 1995 04-04 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
APRIL 4, 1995
The April 4, lng5, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEHBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson
COUNCILHEHBERS ABSENT AT ROLL CALL
Bob Emery
STAFF HEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Steve Blackwood
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Sheriff's Lieutenant
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PRESENTATION
Diane Coombs, Executive Director of the San Dieguito River Valley Regional Open
Space Park JPA, reported that the Board of Supervisors today took action to
continue for 60 days Supervisor Jacobs' proposal to delete property east of 1-15
from the focused planning area. She thanked the City Council for their letter
to the Board explaining the impacts of Supervisor Jacobs' proposal in various
areas, including the multi-species conservation planning effort. She showed a
map of the focused planning area and reviewed the status of the various areas.
PUBLIC ORAL COHHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
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Bea Reuel, 13710 Paseo Bonita, asked that the City not accept any more
applications for entertainment uses until more research is done. She read
an article from the May 9, 1987 Oranqe County Reqister regarding noise
complaints from the Pacific Amphitheater.
Patty McKinney, 13760 Calle Seco, expressed opposition to the proposed
amphitheater and read an article from the April 5, 1988 Costa Mesa paper
regarding amphitheaters.
Constance Griffin, 12655 Gate Drive, expressed concern regarding Bill
Silva having meetings with staff long before the public became aware of
the proposal.
Peggy Collette, 13969 Berndotte Lane, asked if Bill Silva is buying 150
acres and only using 70, what will the remainder be for?
Bill Rickles, 13725 Utopia Road, representing the Southwest Poway
Homeowners Association, asked questions regarding the settlement agreement
in the Smith II case. He was referred to City Attorney Eckis. He also
asked when'the Bill Silva report would be ready. Director of Planning
Services Wright-Quastler stated the draft EIR would be out for public
review the last week of April.
Gail Trunnell, 13314 Neddick Avenue, asked if the issue of the
amphitheater would be addressed in the community survey. Mayor Higginson
stated that the City Council had requested some questions be added
regarding possible uses in the business park.
Jeff Schipper, 12347 Mesa Crest Road, asked about the 60-40 family-senior
housing split called for in the Smith II settlement since they use the
word "approximate." He also asked where the "equitable distribution"
requirement came from. City Attorney Eckis stated the court will
determine if we are close enough to the 60-40 split, and the Council set
a policy to have equitable distribution. That is not required by state
law. He noted that the current five sites are just the beginning of low
income housing in the community.
Deanne Erickson, 15051Vali Hai Road, stated someone had turned in a green
speaker's slip at the January 10, 1995 hearing regarding the amphitheater
with her name and address on it. She was not at that meeting and has not
formed an opinion on the amphitheater. The City Council requested a copy
of the slip.
CONSENT CALENDAR
Mayor Higginson stated that Item 17 has been pulled by the public. Councilmember
Cafagna pulled Item 16.
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Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
o
o
Approval of Minutes - City Council
March 7, 1995, Regular Meeting
Ratification of Warrant Register for the period of March 13-17, 1995.
(401-10)
Adoption of Resolution No. P-95-18, entitled "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
95-10," Children's Asthma League, applicant, for the 18th Annual "Bike for
Breath" bicycle ride, which will pass through Poway on Sunday, June 4,
1995. (203-07)
10. Receive and file report implementing a Commercial Enhancement Award
designed to express the City's appreciation for improvements to commercial
projects within the City of Poway. (1180-05)
11. Acceptance of public improvements and release of securities for North
County Soccer Park located at 14530 Espola Road, Anton K. Simson
developer. (602-01 #406)
12.
13.
14.
15.
Receive and file report of administrative action taken on City Council
Initiated and Public Inquiry Items from February 28 - March 13, 1995.
(701-10)
Denial of claims for damages: a) Patricia Hodgson; B) Karl & Jennifer
Voepel. (704-13)
Authorization to enter into Agreement with Public Financial Management for
Financial Advisor Services. {602-01, #1055}
Approval of the following positions on pending legislation: oppose SB 150
that would allow counties that do not contain an incorporated city to
receive vehicle license fees and gas tax revenue as both a city and a
county; oppose AB 208 which would exempt certain agricultural personal
property used by a new trade or business from sales tax; oppose SB 1266
which would prohibit a redevelopment agency from acquiring any real
property by eminent domain if the project involves the acquisition of a
privately owned business for the eventual use by another privately owned
business; oppose SB 850 which would assign liability to a city or county
for knowingly issuing a development permit within a hazardous area if a
hazard-related injury occurs; support SB 602 which would provide that the
use tax on leased vehicles would be allocated to the location where the
lease was negotiated; support AB 307, ACA 7, ACA 8 and SB 805 which are
mandate relief measures; and provide input to the PUC regarding land use
control over cellular tower location. (701-11)
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17.1. Award of bid for Weingart Center expansion to G.F. Bledsoe Construction,
Inc., in the amount of $285,596. (Continued from March 28, 1995, Item
13.)(5524)(See action at the end of the meeting regarding
subcontractors.) (602-01 #224R)
17.2
Acceptance of public improvements and release of securities for Indian
Trails Subdivision, Tentative Tract Map 88-07, Indian Trails Estates,
owner/developer; located between Indian Trails Road and Pomerado Road.
(602-01 #734)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (701-04)
ORDINANCE NO. 444/FIRST READING
SALE OF TOBACCO PRODUCTS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
444, "An Ordinance of the City of Poway, California, Adding Chapter 8.05 to Title
8 of the Poway Municipal Code Relating to the Regulation of the Sale of Tobacco
Products." He noted that we have received a request from the Chamber of Commerce
to continue this item until they can notify their membership and formulate a
recommendation to the City Council.
Staff report by Director of Planning Services Wright-Quastler. This ordinance
prohibits self-service sales and self-service displays, racks and shelves of
tobacco products and bans the use of vending machines for tobacco sales as
directed by the City Council on September 27, 1994.
Speaking in opposition to staff recommendation:
John Culpepper, 1710 Vakas Drive, E1 Cajon, supervisor for Golden State
Gas, stated the proposed ordinance would require a major configuration of
their store. Gasoline and cigarettes are 98% of their business. He asked
if the City would help pay for the configuration.
Ed Koehler, 13438 Poway Road, Manager of Poway Von's, stated their
cigarettes are in unlocked cabinets and clerks would have to leave their
cash register to get them. He gave the City Council a copy of a video
tape they use to train clerks so they are in conformance with the law to
not sell tobacco products to anyone under 18 years of age.
Michael Aisabagh, 12455 Poway Road, owner of Poway Deli Market, stated 30%
of their sales are cigarettes. There is a very low profit margin but they
are paid by the cigarette companies to display their racks and they don't
want to lose that revenue.
Paul Zentai, 13589 Poway Road, Albertson's, stated they are selling a
legal product whether or not you personally approve of cigarettes and
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retailers should not be criticized for earning a living. He suggested it
would be more appropriate to change the laws on tobacco.
Beth Beeman, California Grocers Association, 1 World Trade Center #480,
Long Beach, stated they agree with restricting access to vending machines
but not cigarette racks. At the point the person brings the cigarettes to
the checkstand their age is checked.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to continue
this first reading to May 9, 1995. Motion carried 4-0 with Councilmember Emery
absent. For that hearing, Council requested information regarding how many
cities have similar ordinances, and if there are any studies on reducing sales
to minors by restricting self-service. Councilmember Callery requested a
representative from Abraxas High School be invited to the public hearing.
ITEM 5 (1170-07)
SOLID WASTE FRANCHISE
Staff report by Director of Public Services Williams. He stated they have
received approximately 1,000 calls since the franchise was awarded. The vast
majority of the customers have had their questions answered and understand what
the City is trying to achieve. However, on February 14, 1995, Kyle Everson
addressed the City Council under Public Oral Communications regarding inequitable
rate savings between residential and commercial customers. Director Williams
reviewed the rate structure and noted that not all commercial customers have
received the same savings as residential customers, partially because the rates
they were paying previously were based on their negotiating skills and not a rate
schedule. The City is required to meet certain recycling goals under the terms
of Assembly Bill 939. This franchise is aimed towards those goals, to reduce the
number of trucks on the streets, and to stabilize rates. Mashburn continues to
meet with customers to assist them in adjusting their services consistent with
need and the options available for recycling. If the tipping fees are reduced,
rates will decrease. Staff recommends the City Council receive and file this
report.
Speaking in opposition to staff recommendation:
Ellen Bernee, 12131Wilsey Way
Kyle Everson, 13561Comuna Drive, stated Poway Today had reported there
would be 25% savings for residential and commercial and this was not true
for commercial.
Patricia Newton, 6990 Carib Drive, Escondido, said the City Council needs
to listen to the public.
Christopher Kirkokowitz, 3551Fortuna Ranch, Encinitas
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Samuel Goldstein, 12845 Poway Road, owner of Carriage Center, stated the
City needs to have better communication with the commercial owners since
80% of them live outside of the community. He decried the lack of freedom
of choice of trash haulers.
Siegfried Mikuteit, 12540 Montero Way, San Diego, owner of Valley View
Terrace Apartments, stated he went to a 6 yard bin to reduce his fees but
the tenants can't reach the top of the bin and it is a Health Department
violation to leave the lid open. He also cited Councilmember Cafagna's
campaign contributions from the owners of Mashburn.
Speaking in favor of staff recommendation:
Jeff Ritchie, 224 Las Posas Road, San Marcos, Mashburn. He stated the
rates are based on volume generated and there is a need to increase the
recycling. He stated he is always willing to work with individual owners
within the rate schedule set by the City Council.
Councilmember Rexford asked why we can't meet the 25% reduction promise that was
made. City Manager Bowersox stated that staff erred in generalizing in the staff
report and Poway Today regarding a 25% reduction. Commercial customers are not
recycling as much as residential customers and their bills reflect that. He also
restated that before we had a franchise, individual commercial paid widely
different rates for the same service based on how good a deal they were able to
negotiate. The franchise treats everyone equally based on volume generated.
Mayor Higginson stated we were the last City in the County to go to an exclusive
franchise and it is to the benefit of the entire community.
Council concurred to receive and file the report.
ITEM 5.1 (102-05)
COUNCIL POLICY RE APPLICANT CONTACTS
Staff report by City Attorney Eckis. On March 14, 1995, Councilmember Rexford
requested the City Council adopt a policy regarding contacts by Councilmembers
with potential project applicants. Staff has prepared a policy that states: 1)
a Councilmember may meet with a potential applicant prior to a public meeting
without making any commitment; 2) applicants should be advised to use a pre-
development conference to receive input from more than two Councilmembers on a
project; and 3) a Councilmember shall disclose in the public meeting concerning
the project any information received out of the public meeting, unless that
information has been disclosed in writing or orally by others during the public
meeting, if they plan to rely on that information in making their decision.
Speaking in favor of staff recommendation:
Walter Metcalf, 13115 Valewood Road
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Councilmember Rexford suggested a log be kept in the City Manager's Office and
each Councilmember will make a note when they meet with a potential applicant.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 95-019 entitled, "A Resolution of the City Council of the City of Poway,
California Establishing City Council Policy Concerning Contacts with Potential
Project Applicants," and to keep a log of applicant contacts. Motion carried
4-0 with Councilmember Emery absent.
ITEM 16 (602-01 #223R)
ITEM 17 (602-01 #221R)
AGREEMENTS WITH DAVID PAUL ROSEN & ASSOCIATES
RE AFFORDABLE HOUSING NEEDS ASSESSMENT AND
DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS
Mayor Higginson stated Councilmember Cafagna has pulled Item 16 and the public
has pulled Item 17 from the Consent Calendar. Staff report by City Manager
Bowersox. Both items are agreements with David Paul Rosen & Associates, the
consultant agreed to by both parties in the Smith II lawsuit. One agreement is
to do a new Affordable Housing Needs Assessment and Affordability Gap Analysis;
the second is to assist in development and negotiations of affordable housing
projects.
Walter Metcalf, 13115 Valewood, asked if the contact to assist in development
is for the existing five sites or new sites and why there was no bidding.
City Manager Bowersox stated that it is for existing sites. Mr. Rosen is being
used in the first agreement because it is required by the settlement agreement,
however, staff is recommending him for the second because of his expertise.
Following discussion, motion by Mayor Higginson, seconded by Councilmember
Callery to continue these two items to April 18, 1995 in order to get more
information about the proposed fees for the work. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 17.1 (602-01 #224R)
AWARD OF BID FOR WEINGART CENTER EXPANSION
City Attorney Eckis noted that this item was approved on the Consent Calendar,
however, the recommendation did not include approval to add the additional
subcontractors to G. F. Bledsoe Construction's bid as requested although it was
discussed in the report's background. He asked that the Council take action on
this matter.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to note that
their previous action on this item included the use of the additional
subcontractors. Motion carried 4-0 with Councilmember Emery absent.
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CITY ATTORNEY ITEHS
lg.
City Attorney Eckis requested a closed session to discuss existing
litigation pursuant to Government Code §54956.9(a), Smith v. All Persons,
Superior Court Case No. 667691.
Walter Metcalf, 13115 Valewood Road, stated a concern that this case is
being discussed in closed session and urged the City Council to not agree
to give up anything without the public being made aware of it.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
21.
Councilmember Cafagna stated a press release is being prepared regarding
the fund raising efforts for fireworks. He and Councilmember Emery, as
authorized by the City Council, are attempting to raise $10,000 with a
matching $10,000 from the City, so that there can be fireworks for the
Fourth of July and Community Day.
25.
Mayor Higginson noted that, as approved on the Consent Calendar, he will.
be making an award on a quarterly basis to recognize a business that has
done something to improve the community. He asked the City Councilmembers
for nominations.
CLOSED SESSION
Mayor Higginson called for a closed session at 10:20 p.m. as requested by the
City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:00 p.m. with all
Councilmembers present. He adjourned the meeting on motion by Councilmember
Cafagna, seconded by Councilmember Callery.
Marjorie K. Wahlsten, Cit~5~Clerk
City of Poway
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