CC 1992 06-09 CITY OF POWAY, CALIFORNIA
NINUTE$ OF THE CITY COUNCIL REGULAR MEETING
JUNE 9, 1992
The June g, lg92, regular meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m., by Mayor Goldsmith at the City Council Chambers,
13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Tony Snesko, Jan Goldsmith
COUNCILMEMBERS ABSENT AT ROLL CALL
Kathy McIntyre (Councilmember McIntyre arrived at 7:50 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Mark Sanchez
Steve Streeter
Yolanda Collins
Patrick Foley
Peter Moote
Wayne Gilbert
Penny Riley
Christine Tsung
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 Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Principal Management Analyst
Senior Management Analyst
Housing Coordinator
DART Program Coordinator
Finance Manager
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PRESENTATIONS
A. City Clerk Wahlsten presented the Mayor's Scrapbook for 1992 to Mayor
Goldsmith.
B. There were no employees present to accept service awards.
PROCLAMATION
Mayor Goldsmith proclaimed June 15-20, 1992 "Grad Night Week" in the City of Poway
and presented the proclamation to Tisha Kruse, senior at Poway High School, and Sue
Herndon following the recess,
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PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications.
following persons were present to speak:
The
Randy Wilkins, 14617 Acton Court, stated the campaign signs from the June 2,
1992 election need to be removed.
The following persons spoke in opposition to the new medians being installed by the
Wal-Mart project on Community Road, north of Poway Road, citing safety concerns,
loss of PUSD bus route for school children, and loss of on-street parking.
2. Sarah Gl adow, 13240 Community Road #6.
3. Terry Allison, 13240 Community Road #5
4. Maryellen Mattson, 13326 Community Road
5. April Brindle, 13348 Community Road
6. Kathy Weese, 13312 Community Road #35
City Manager Bowersox stated staff will report back as soon as possible, and no
later than June 23, 1992.
Howard Stacklin, 13149 Tobiasson Road, spoke regarding state mandates
for affordable housing.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the
Consent Calendar as follows:
19.
Approval of Minutes - City Council: May 12, 1992, Regular Meeting
May 19, 1992, Regular Meeting
21. Ratification of Warrant Registers for May 14 and 21, 1992.
(401-10)
22. Denial of claim for damages: San Diego Gas & Electric.
(704-13)
23.
Approval of reduction of performance and grading security for Tentative Tract
Map 89-06, Carriage Road Townhomes; Nexus Development, applicant; located on
the northeast corner of the intersection of Poway and Carriage Roads
(602-01, #823)
24.
Approval of release of monument security for Tentative Tract Map 87-05,
Serenata; McMillin Communities, applicant; located north of Espola Road and
west of Valle Verde Road. {602-01, #695)
25.
Approval of release of monument security for Tentative Tract Map 87-07, the
Heritage; Boday, Inc., applicant; located south of Garden Road between Clair
Drive and Neddick Avenue. (602-01, #770)
26.
Approval
Pacific,
Road.
of release of monument security for Tract Map 4191-5BR; Standard
applicant; located in Rancho Arbolitos area, south of Twin Peaks
(602-01, #785)
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Page 3 - CITY OF POWAY - June 9, 1992
27.
Approval of contract with the State of California for Administrative Law
Judges to conduct appeal hearings regarding safety member's disability
determination. (602-01, #933}
29.
Award of bid for the Construction of Hilleary Park improvements, Phase II, to
Castello, Inc., in the amount of $677,806.50 and the adoption of Resolution
No. 92-091, entitled, "A Resolution of the City Council of the City of Poway,
California, Determining Certain Public Improvements to be of Benefit to the
Paguay Redevelopment Project." (5621) (602-01, #168R)
30.
Adoption of Resolution No. 92-086, entitled, "A Resolution of the City Council
of the City of Poway, California, Calling and Giving Notice of the Holding of
a General Municipal Election to be held on Tuesday, November 3, 1992, for the
Election of Certain Officers as Required by the Provisions of the Laws of the
State of California Relating to General Law Cities," and adoption of
Resolution No. 92-087, entitled, "A Resolution of the City Council of the City
of Poway, California, Requesting the Board of Supervisors of the County of San
Diego to Consolidate a General Municipal Election to be Held on November 3,
1992, with the Statewide General Election to be Held on the Date Pursuant to
Section 23302 of the Elections Code."
31. Acceptance of City Hall Modular Units from Gelco Space and authorization for
the City Clerk to record a Notice of Completion. (1515) (602-01,#769}
Motion carried 4-0 with Councilmember McIntyre absent.
ITEM 6 (701-04)
ORDINANCE NO. 360 - SECOND READING
CARRIAGE ROAD SPEED LIMITS
Mayor Goldsmith read the title of Ordinance No. 360, "An Ordinance of the City of
Poway, California, Adding Section 10.32.020 of the Poway Municipal Code Establishing
Speed Limits on Carriage Road Between Poway Road and Oak Knoll Road."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Ordinance No. 360. Motion carried unanimously on a roll
call vote.
Mayor Goldsmith stated that Items 7 and 8 will be trailed until Councilmember
McIntyre arrives.
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ITEM 9A (203-02)
TENTATIVE PARCEL MAP 91-02
ITEM 9B (203-02)
FINAL MAP FOR TPM 92-02
OWNER: PHILIP LAUGAN, ET AL
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This map was initiated by the city in accordance with the requirements of the
lawsuit settlement agreement between the City and San Marcos Development Company.
It divides a 2.5 acre site at the southwest corner of Pomerado Road and Camino del
Notre into two parcels, one of which will be reserved as Open Space. Staff
recommends approval of the Tentative Parcel Map and Parcel Map.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-
92-28, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Tentative Parcel Map 91-02, Assessor's Parcel Number 314-670-71." Motion
carried 4-0 with Councilmember McIntyre absent.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to approve
parcel map for Tentative Parcel Map 91-02 and direct its recordation, and adopt
Resolution No. 92-089, entitled, "A Resolution of the City Council of the City of
Poway, State of California, Ordering the Expansion of Poway Landscape Maintenance
Assessment District No. 83-01 to include Tentative Parcel Map No. 91-02 with Written
Consent of all Property Owners." Motion carried 4-0 with Councilmember McIntyre
absent.
ITEM 10 (701-04)
ORDINANCE NO. 361 - FIRST READING
PURCHASING PROCEDURES
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This ordinance amends the City purchasing policy regarding competitive negotiations,
selection of professional service firms and insurance requirements.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to waive further
reading and continue the public hearing to June 23, 1992 for second reading. Motion
carried 4-0 with Councilmember McIntyre absent.
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ITEM 11 (601-06)
"BUY POWAY" POLICY
Staff report by City Manager Bowersox. This report details how the City has been
informing local businesses of bids and solicitations for proposals.
Council concurred to receive and file the report.
ITEM 13 (203-11)
SPHERE OF INFLUENCE/ANNEXATION
Staff report by City Manager Bowersox. At the March 3, 1992 City Council meeting,
Councilmember Snesko raised a concern regarding property east of the City's boundary
being developed at densities higher than allowed in Poway and Council requested
staff report regarding annexing the property. Staff's report includes services
currently being provided by the City to residents, potential tax revenues,
liabilities, potential development using the City General Plan land use/zoning, and
potential of increasing the sphere of influence. There are 1,450 acres in the
City's approved sphere of influence and 1,560 in the city's planning area that could
be added to the sphere of influence. This includes part of Goodan Ranch and the
Sycamore Canyon Regional Park along a line agreed to by Poway and the City of
Santee. Staff requested direction.
John Kurtz, 16212 Paragon Mesa Road and Frank Spitzer, 16028 Paragon Mesa Road spoke
against annexation of their property to the City of Poway.
{Councilmember McIntyre arrived at 7:30 p.m.)
Randy Wilkins, 14617 Acton Court, Garden Road Community Association, asked about the
impacts of this action on the Garden Road area.
Following discussion, motion by Councilmember Emery to direct staff to meet with the
County to discuss funding of the South Poway Parkway through this area; meet with
the residents to clarify city services currently provided; prepare a report for the
Council regarding the costs of emergency responses to the area; proceed with LAFCO
to amend our sphere of influence to include the additional 1,560 acres, including
the northern portion of Goodan Ranch. Motion carried 4-0 with Councilmember
McIntyre abstaining since she had arrived after the public testimony.
ITEM 7 (1002-01R)
ACQUISITION OF PROPERTY FOR LIBRARY
LONGS DRUGS, 13536 POWAY ROAD
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by City Attorney Eckis. On May 5, 1992 this item was heard
but did not receive a four-fifths vote for approval. On May 12, 1992 the Council
directed it be reset for public hearing. The property is needed for the
construction of a new library and the owners, the Ohio Teachers Retirement System,
require that it be acquired through eminent domain. The owners of the adjacent Town
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& Country Shopping center have concerns regarding their interests under terms of the
CC&Rs governing their center and this property. He is comfortable that the library
use falls within the CC&Rs but suggests an appraisal of their claimed rights with
a second eminent domain proceeding if necessary. He noted we received FAXed
correspondence from Robert Bell and Gary Sabin today which are made a part of the
record.
Speaking in opposition to staff recommendation:
Howard Stacklin, 13149 Tobiasson Road
Kyle Everson, 14679 Evening Star Drive
Councilmember Snesko stated he has received an offer from Western Lumber to purchase
their site for $2,900,000 with a $500,000 endowment fund. He suggested the City
purchase the southerly 3-1/2 acres of this property to add to the Community Park
which would lower the cost of the library site.
Councilmember McIntyre stated she had voted "no" at the last public hearing because
of concerns about delays that could be caused by this action, however this
recommended action is different than that proposed on May 5, 1992 and she stated she
would move staff recommendation. Motion seconded by Councilmember Higginson. City
Attorney Eckis requested the Council take separate motions on each issue.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
McIntyre to close the public hearing. Motion carried 4-1 with Councilmember Snesko
voting "no."
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to adopt
Resolution No. 92-088, entitled, "A Resolution Finding and Determining the Necessity
that Certain Property be Acquired by the City of Poway Under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for said Purpose
(13635 Poway Road: APN 317-130-31)." Motion carried 4-1 with Councilmember Snesko
voting "no".
Motion by Councilmember Emery, seconded by Councilmember Higginson to order an
appraisal of the claimed easement interests of Town & Country Shopping Center
owners. Motion carried 4-1 with Councilmember Snesko voting "no."
Motion by Councilmember Emery, seconded by Councilmember Higginson to request the
library be put on a "fast track" and pursue mediation with the adjacent owners.
Motion carried 4-1 with Councilmember Snesko voting "no."
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 9:15 p.m. and called it back to order at
9:25 p.m. with all Councilmembers present.
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ITEM 8 (205-02)
1992-93 BUDGET
ITEM 12 (205-04)
1991-92 BUDGET STATUS
Mayor Goldsmith opened the public hearing on Item 8. City Manager Bowersox stated
Items 8 and 12 will be reported on together. On April 17, 1992, staff projected a
1991-92 budget deficit of $235,000. Today the estimate is $165,000, however, based
on historical data of underspending the budget each year, we expect to end the year
in the black.
The 1992-93 proposed financial plan is $450,000 out of balance. Staff proposes to
balance using General Fund surplus carried over from the past two fiscal years.
Again, based on historically underspending the budget and anticipation of revenue
increases, staff believes this need for surplus fund usage will not be there by June
30, 1993. There are four significant program changes: 1) a new DARE Officer for
the middle schools and Poway High School; 2) opening and staffing of Meadowbrook
Multi-Purpose Center; 3) major road reconstruction projects; 4) acquisition of a
vehicle to accommodate an additional work release crew to replace the California
Conservation Corps that is being lost through State budget cuts.
City Manager Bowersox noted that the State Legislature is discussing cutting city
revenues for motor vehicle in-lieu fees which could mean a loss of $1.5 million to
Poway. If that occurs, staff will come back to the Council with recommendations for
budget reductions.
Director of Administrative Services Stewart made a presentation regarding lgg2-g3
proposed revenues and expenditures by fund, and historical comparison of revenues
and expenditures.
Don Blackwell, Chairman of the Budget Advisory Committee, introduced the members who
were present: Tom Tremble, James Crosby, Janet Harper and Bill Robertson. They
commended staff for their work, however they are opposed to using surpluses to
balance the budget and recommend that staff present to Council revenue enhancements
and expenditure reductions which would result in a balanced budget. He briefly
reviewed the other recommendations including increasing ambulance service fees,
establishing a new fee for first time business certificates; converting to monthly
water/sewer billing cycles; and reviewing investment strategies.
Speaking in favor of staff recommendation:
Bruce Tarzy, 15912 Ranch Hollow Road, former Councilmember
Council discussed the recommendations and concurred: 1) to balance the budget on
paper by using the capital replacement fund outlay which is not made until June 30,
1993 and, if necessary at that time, using the surplus to make up the "shortfall,"
since they made a distinction between surplus and reserves; 2) to request a report
on pros and cons of shifting investments from the Local Agency Investment Fund to
the County Investment Pool; 3) to not increase the business registration fee during
a recession and investigate whether we can do the registration process more
economically.
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Page 8 - CITY OF POWAY - June 9, 1992
Motion by Councilmember Emery, seconded by Councilmember Higginson to
consideration of the 1992-93 Proposed Financial Plan to June 16, 1992.
carried unanimously.
continue
Motion
ITEM 17 (701-09)
LIBRARY FUNDING 1992-93
Staff report by City Manager Bowersox. The Library Advisory Committee has reviewed
a proposed budget of $71,585 for 1992-93. They have recommended $50,000 of
expenditures which is the subsidy amount budgeted the past two years and consistent
with the lease agreement between the City and Agency for use of the Longs site as
a library, and have identified an additional $21,000 of desirable expenditures which
includes increasing the children's librarian from one-half to three-quarters time.
Staff recommends the $50,000 budget with additional expenditure consideration
deferred to 1993-94.
Speaking in opposition to staff recommendation:
Joye Davisson, 13733 Celestial Road, President of the Friends of the
Library.
Susan Sheldon, 13411Starridge Street
Council discussed the endowment fund which will come from Longs once escrow is
closed on their property and requested a policy on use of the interest from that
fund.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to approve $50,000
in expenditures for the library in 1992-93 and requested staff report on options for
the endowment fund interest. Motion carried unanimously.
ITEM 14 (701-09)
HOUSING COMMISSION CHARTER
Staff report by City Manager Bowersox. City Attorney Eckis has received a call from
the Fair Political Practices Commission stating that it will be some time until we
will receive a written opinion from them regarding potential conflicts of interest
for the City's tenants serving on this Commission. However, orally they confirmed
that issues relating to money present a disqualifying interest to a tenant who
resides in a project being discussed. Staff recommends continuance to June 30, 1992
and the City Attorney will present a written opinion regarding this matter.
Motion by Councilmember Emery, seconded by Councilmember Higginson to continue
consideration of a charter for the Housing Commission to June 30, 1992. Motion
carried unanimously.
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Page 9 - CITY OF POWAY - June 9, 1992
ITEM 15 (1110-07)
STREET NAME CHANGE TO
TED WILLIAMS PARKWAY
Staff report by City Manager Bowersox. The San Diego City Council took action to
rename North City Parkway from Penasquitos Boulevard to the San Diego/Poway city
limits Ted Williams Parkway. Staff recommends the City Council do the same for the
portion of North City Parkway from the city limits to Twin Peaks Road.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-090, entitled, "A Resolution of the City Council of the City of
Poway, California, Approving a Road Name Change." Motion carried unanimously.
ITEM 16 (1502-00)
UEBERROTH REPORT ANALYSIS
Mayor Goldsmith stated this item will be continued to next week due to the lateness
of the hour.
ITEM 18 (1601-11R, 602-01, #163R)
REPAIRS - POWAY ROYAL ESTATES MOBILE HOME PARK
Staff report by City Manager Bowersox. Roejack Roofing was awarded the bid to
reroof certain buildings at the Poway Royal Estates Mobile Home Park. The main
clubhouse was found to have construction defects and a change order to the contract
is necessary to perform additional work. Additionally, the electrical system needs
to be replaced and staff is seeking authorization to go to bid for this project.
Motion by Councilmember Emeryj seconded by Councilmember Snesko to authorize a
change order to Roejack Roofing contract in the amount of $21,175, adopt Resolution
No. 92-092, entitled, "A Resolution of the City Council of the City of Poway,
California, Determining Certain Public Improvements to be of Benefit to the Paguay
Redevelopment Project," and authorize staff to obtain bids for the renovation of the
electrical distribution system. Motion carried unanimously.
MAYOR
34.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery stated he wished to place before the Council for
discussion the issue of putting a measure on the ballot to ban toxic and/or
asphalt industries from Poway and cited City Attorney Eckis' memo of December
19, 1992 stating this can be done.
Jerry Hargarten, 13622 Orchard Gate Road; Betty Rexford, 11570 Creek Road;
Bruce Tarzy, 15912 Ranch Hollow Road, representing the Green Valley Civic
Association; Randy Wilkins, 14617 Acton Court; and Mike Fry, 12815 Selma
Court, spoke in favor of the citizens being allowed to vote on the issue of
an asphalt plant if the Council would approve one in the future. This would
function similar to Proposition FF where certain Council action would trigger
an election.
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Page 10 - CITY OF POWAY - June 9, 1992
35A.
35B.
36.
Kyle Everson, 14679 Evening Star Drive, spoke in opposition and stated he felt
the Council would be abrogating their responsibility by doing this.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to appoint a sub-committee of Councilmembers Emery and Higginson to
work with the City Attorney to draft something for Council's review. Motion
carried unanimously. City Attorney Eckis noted Council would have to act by
August 4, 1992 in order to get this initiative on the November ballot.
Mayor Goldsmith stated this item is being continued to June 16, 1992.
Mayor Goldsmith pulled this item from the calendar.
Councilmember Higginson requested staff develop a program to get civic
associations involved in effecting legislation by contacting legislators on
issues of interest to the city.
ADJOURNMENT
On motion by Councilmember Snesko, seconded by Councilmember Higginson, Mayor
Goldsmith adjourned the meeting to 6 p.m. on Thursday, June 11, 1992, in the City
Council Chambers. The time of adjournment was 11:50 p.m.
Marjori~)q. Wahlsten, City Clerk
4592
NOTICE
NOTICE IS HEREBY GIVEN THAT THE JUNE 9, 1992, REGULAR MEETING OF THE POWAY
REDEVELOPMENT AGENCY WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER:
Upon motion by Director Snesko, seconded by
Director Higginson, Chairman Goldsmith
ordered the meeting adjourned to
THURSDAY,, ~UHE
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 11:50 p.m.
Wahlsten, Secretary
1 opment Agency
Dated: June 10, 1992
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the
above notice was posted on or near the door of the City Council Chambers, the
place designated for regular meetings of the City Council meetings at approxima-
tely 10 a.m.
Dated at Poway, California, on June 10, 1992.
Wahlsten, Secretary
1 opment Agency
ml/6/M-6-10.2