CC 1993 03-02 CITY OF POgAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 2, ]993
The March 2, 1993, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Yolanda Collins
David Narevsky
Janis Acosta
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
Sheriff's Captain
Redevelopment Manager
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:
Ruth Lute, 12279 Old Stone Road, asked why the soundwall on Scripps Poway
Parkway west of Pomerado Road had not been installed. Director of
Engineering Services Weston stated that it is ready to go to bid and
will be completed before that road is open to traffic.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
Approval of Minutes - City Council
February 9, 1993, Regular Meeting
11. Ratification of Warrant Register - February 11, 1993
(401-10)
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12. Approval of Special Events Insurance program for the use of City
facilities. {401-15)
13.
Adoption of Resolution No. 93-034, entitled, "A Resolution of the City
Council of the City of Poway, California Ordering the Summary Vacation of
a Drainage Easement Adjacent to Parkway Business Centre, Unit II, Beeler
Canyon (APN 325-010-02)(Vacation 93-02)." (1002-06)
14.
Adoption of Resolution No. 93-035, entitled, "A Resolution of the City
Council of the City of Poway Setting the Date, Time and Place of a Joint
Public Hearing with the Poway Redevelopment Agency with Respect to the
Proposed Amendment to the Redevelopment Plan for the Paguay Redevelopment
Project and the Final Environmental Impact Report Prepared in Connection
Therewith,"setting the hearing for April 13, 1993, at 7:00 P.M.(203-22R}
14.1
Adoption of Resolution No. 93-036, 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," which
is the widening of Community Road south of Poway Road. (1002-01R)
14.2
Appropriation of $11,387 from the General Fund Balance for the repair of
the irrigation pumping station on Ted Williams Parkway and award of
contracts to Arid-West Landscape in the amount of $5,000 and Barrett
Engineered Pumps in the amount of $6,387. {401-13)
14.3
Affirmation of support of pending legislation, Assembly Bill 193
{Goldsmith), authorizing cities or counties to adopt a resolution or
ordinance which would exempt them from prevailing wage requirements for
certain public works projects. (701-11}
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 408 - FIRST READING
SEVEN STAGE WATER CONSERVATION PLAN
Mayor Higginson read the title of Ordinance No. 408, "An Ordinance of the City
of Poway, California, Replacing Chapter 8.94 of the Poway Municipal Code
Entitled, 'Water Conservation Plan'." Staff report by City Manager Bowersox.
This was continued from the February 16, 1993 Council meeting at the request of
the City Attorney. It is being proposed in order to be consistent with the seven
stage water conservation ordinances of MWD and SDCWA, and establishes regulations
for water supply conditions from Stage I--Normal to Stage VII--Emergency. There
is an accompanying resolution establishing water rates that would be effective
in Stages V to VII that is recommended to be adopted at the second reading of
this ordinance.
There was no one present wishing to speak.
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Motion by Councilmember Emery. seconded byCouncilmember Callery to waive further
reading and continue the public hearing to March 16, 1993 for second reading.
Motion carried unanimously.
ITEM 5 (203-02)
TPM 92-06/VAR 92-17/DR 92-16
APPLICANT: HERRICK DEVELOPMENT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide property at 12718 Oak Knoll Road into
four lots with a variance for lot depth on Lots 2 and 3 and construction of a
single family home on each lot. Staff recommends approval.
Speaking in favor of staff recommendation:
Ron Whitney, Herrick Development, 755 Raintree Drive, Carlsbad, asked
about the wording regarding Pomerado Road in condition 2 on page 9
of 31. Staff stated that was an error and should be Oak Knoll Road.
In response to Council query, Mr. Whitney stated the proposed selling prices
would be about $180,000. Council discussed condition 4 on page 8 of 31 regarding
low income housing and noted that we do not currently have an in lieu fee
established and questioned how one lot of four could be made affordable.
Director of Planning Services Wright-Quastler stated they have been working with
the developer. City Attorney Eckis suggested the second sentence of the
condition begin, "If an in lieu fee is adopted by the Council, with Council
approval..."
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to issue a
Mitigated Negative Declaration, close the public hearing, and adopt Planning
Resolution No. P-93-07, entitled, "A Resolution of the City Council of the City
of Poway, California approving Tentative Parcel Map 92-06, Variance 92-17, and
Development Review 92-16, Assessor's Parcel Number 317-500-87," as amended by
staff and the City Attorney. Motion carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 409 - FIRST READING
PICKETING OF PRIVATE RESIDENCES
Mayor Higginson opened the public hearing. Staff report by City Attorney Eckis.
In 1988 the United States Supreme Court held constitutional a local ordinance
which prohibited picketing directed at a single residence. On February 2, 1993
the City Council directed the City Attorney to prepare an ordinance modeled on
that of the County of Los Angeles.
Speaking in favor of staff recommendation:
Lynette Perkes, 15832 Lime Grove Road, requested a stronger ordinance.
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Motion by Councilmember Snesko, seconded by Councilmember Emery to waive further
reading and continue the public hearing to March 16, 1993 for second reading.
Motion carried unanimously.
Council requested City Attorney Eckis report back regarding the "bubble"
ordinance that was adopted by the City of San Diego this week.
ITEM 7 (701-04)
ORDINANCE NO. 410 - FIRST READING
FEED AND TACK STORES IN CC ZONE
Mayor Higginson opened the public hearing and read the title of Ordinance No.
410, "An Ordinance of the City of Poway, California, Amending Chapter 17.10 of
Title 17 of the Poway Municipal Code to Allow Feed and Tack Stores to Locate in
the Community Commercial (CC} Zone if permitted by Conditional Use Permit."
Staff report by City Manager Bowersox. On February 2, 1993 the City Council
considered a request by the owners of the Bit 'N Bridle store to allow feed and
tack businesses in the Community Commercial zone with a conditional use permit
and directed staff to prepare an amendment to the zoning code.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive
further reading and continue the public hearing to March 16, 1993 for second
reading of the ordinance. Motion carried unanimously.
ITEM 8 (140i-Oi)
SECURITY ISSUES AT COMMUNITY PARK
Staff report by City Manager Bowersox. At the January 26, 1993 City Council
meeting, Councilmember Snesko requested that staff investigate the placement of
security cameras at Community Park and the replacement of parking lot lights with
brighter lights because of vandalism. The cost to purchase security cameras and
convert the parking lot lights to high pressure sodium would be approximately
$45,000; however, the Sheriff's Department has increased their patrols of the
park and fewer problems have occurred. The Senior Issues Committee has
recommended that the Council not authorize any changes at this time and continue
to monitor the situation to see if the increased Sheriff's presence would be
sufficient to deter further disturbances at the park. Council concurred.
CITY NANAGER ITEMS
City Manager Bowersox announced that Director of Public Services Archibald is
getting married on March 20, 1993 and is resigning his position to go into
private practice not later than April 30, 1993. The City Council congratulated
him.
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CITY ATTORNEY ITEHS
City Attorney Eckis requested a closed session pursuant to Government Code
§59456.9(a), pending litigation: A) Vasquez v. City of Poway; and B) Poway Town
& Country Shopping Center v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20.
Mayor Higginson reported that the SANDAG executive staff salary increases
that were proposed were either denied by the Board or refused by the staff
at the meeting held February 26, 1993. He also stated that he had shared
our staff and Council concerns regarding the proposed Solid Waste
Participation Agreement and there was some concurrence from other cities.
The cities and the County will continue to meet.
21.
Councilmember Snesko suggested that staff report back regarding televising
the City Council meetings. There was no concurrence.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 7:35 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:00 p.m., with all
Councilmembers present and announced the Council had instructed the City Attorney
during the closed session. Mayor Higginson adjourned the meeting at 8:00 p.m.
Marjor~e ~(. WahlJten, City Clerk
City o~way
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