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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: 5464 Page 2 - CITY OF'POWAY - April 4, 1995 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. 5465 Page 3 - CITY OF POWAY - April 4, 1995 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) 5466 Page 4 - CITY OF POWAY - April 4, 1995 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 5467 Page 5 - CITY OF POWA¥ - April 4, 1995 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 5468 Page 6 - CITY OF POWAY - April 4, 1995 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 5469 Page 7 - CITY OF POWAY - April 4, 1995 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. 5470 Page 8 - CITY OF POWAY - April 4, 1995 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 5471