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CC 1993 04-06 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 6, lgg3 The April 6, 1993, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMENBERS PRESENT AT ROLL CALL Susan Callery, Tony Snesko, Don Higginson COUNCILNEMBERS ABSENT AT ROLL CALL Mickey Cafagna, Bob Emery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Reba Wright-Quastler Gordon Dobler David Narevsky Patrick Foley Janis Acosta City Manager City Clerk City Attorney Director of Community Services Director of Planning Services Senior Civil Engineer Redevelopment Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Cub Scout Den 3 of Pack 617 led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Lea Burrell, 14121Melodie Lane, stated she had received a letter from the city regarding the exotic birds she is keeping and stating she needs a minor conditional use permit. She explained the work she is doing with birds and requested an additional ninety days to relocate. (704-10) Deborah Lawrence, 13445 Thunderhead Street, San Diego, expressed support for Ms. Burrell's work with birds. o Barbara Edwards, 1470 Rancho Encinitas Drive, Olivenhain, expressed support for Ms. Burrell's work with birds. 4848 Page 2 - CITY OF POWAY - April 6, 1993 In response to Council query, City Attorney Eckis stated the letter had been sent to Ms. Burrell in response to a citizen complaint and she has three options: 1) she can apply for a minor conditional use permit and no further enforcement action will be taken until the application has been acted on by the Council; 2) she can relocate outside the City; 3) she can appeal staff's determination that she needs a minor conditional use permit. Staff will report back to Council in two weeks regarding the status on this matter. CONSENT CALENDAR Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the Consent Calendar as follows: Approval of Minutes - City Council March 16, 1993, Regular Meeting March 18, 1993, Adjourned Regular Meeting 9. Ratification of Warrant Register - March 18, 1993 10. Adoption of Resolution No. P-93-12 entitled, "A Resolution of the City Council of the City of Poway Acting as the Planning Agency Recommending Approval of the Proposed Amendment to the Redevelopment Plan for the Paguay Redevelopment Project Area, Making a Report and Recommendation as to its Conformity with the General Plan and Transmitting the Report to the Redevelopment Agency and the City Council." (203-22R) 11. Approval of revised law enforcement contract for fiscal year 1992-93 between the City of Poway and the County of San Diego Sheriff's Department to provide for the full cost recovery for law enforcement services; appropriate $99,337 from the General Fund. (602-01 #59) 12. Release of securities for private road improvements connection with Tentative Parcel Map 88-11, Thomas and applicant; located on Eastvale Road in High Valley. installed in Debra Mason, (602-01 #816) 13. Acceptance of improvements and release of securities and retention for construction of Unit 2 Storm Drain Improvements from Mur-Vic Construction, Inc., Parkway Business Centre, Community Facilities District 88-1. (602-01 #896) 14. Appropriation of $127,000 for construction, connection fees and plumbing costs for Golden Way Sewer Main Extension, to be repaid through a loan program. (1170-10) 15. Adoption of Resolution No. 93-043, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Benson Annexation," located at 15265 Hilltop Circle. (1170-11) 4849 Page 3 - CITY OF POWAY - April 6, 1993 16. 17. 18. 19. 20. 21. 22. 23. 23.1 23.2. Adoption of Resolution No. 93-044, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Dix Annexation," located at 15217 Hilltop Circle. (1170-11) Adoption of Resolution No. 93-045, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Kull Annexation," located at 15269 Hilltop Circle. (1170-11) Adoption of Resolution No. 93-046, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Shearer Annexation," located at 15250 Hilltop Circle. (1170-11) Adoption of Resolution No. 93-047, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Schlegel Annexation," located at 15213 Hilltop Circle. (1170-11) Adoption of Resolution No. 93-048, entitled, "A Resolution of the city Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Wiener Annexation," located at 15242 Hilltop Circle. (1170-11) Receive and file report regarding Community Watch Program Hot Line, 679- 7000. (1301-01) Appropriation of $123,000 to construct and fund loan program for residents on Old Espola Road for the construction of a sewer force main; authorization for Mayor to sign loan agreements. (1170-10) Status report regarding Cox Cable's upgrade in Poway and authorization to negotiate a penalty clause and provisions to ensure Poway subscriber privacy into the existing franchise agreement. (602-01, #589) Approval of the purchase of Parcel No. 277-140-18 adjacent to Blue Sky Ranch to be used as mitigation property for the Scripps Poway Parkway which will establish a wildlife corridor between Blue Sky Ranch and the Old Coach Road project. (1002-01) Approved positions on pending legislation, as follows: oppose SB 36 (Kopp) which would amend the Brown Act; support SB 1140 (Calderon) which would amend the Brown Act; support AB 713 (Goldsmith) which would enable SANDAG to undertake a federally funded 1-15 High-Occupancy Vehicle Demonstration Project which would allow the use of HOV lanes by single occupancy vehicles for a fee; oppose AB 515 (Ferguson) which would prohibit eminent domain acquisitions of mobile home parks; oppose SB 732 (Bergeson) which would prohibit the use of redevelopment funds to facilitate the relocation of a private business from one community to another; oppose SB 243 (Lewis) which would require the refund of tentative 4850 Page 4 - CITY OF POWAY - April 6, 1993 map application fees if time requirements are not complied with; oppose AB 978 (Hauser) which would amend existing Redevelopment law; oppose AB 1002 (Brulte) which would require additional audits of a Redevelopment Agency's tax increment expenditures. (701-11) 23.3 Award of bid for one 1993 heavy duty panel 3/4 ton truck to Richardson Pontiac-Buick-Oldsmobile-GMC Truck Inc., of Poway in the amount of $26, 415.28 for the Safety Services Department. (601-03) Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 4 (701-04) ORDINANCE NO. 411/SECOND READING 1991 UNIFORM BUILDING CODE BUILDING PERMIT FEES Mayor Higginson read the title of Ordinance No. 411, "An Ordinance of the City of Poway, California, Amending Chapters 15.02, 15.04, 15.08, 15.12 and 15.16 of the Poway Municipal Code, Adopting the 1991 Uniform Building Code and Associated Technical & Administrative Codes." Staff report by City Manager Bowersox. This is second reading of the Ordinance. In addition, staff has prepared a resolution amending the fee schedule for building inspection services, including building permits, electrical permits, plumbing permits, mechanical permits, and other inspections. If adopted at this meeting, it will become effective in sixty days. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing, waive further reading and adopt Ordinance No. 411 and Resolution No. 93-049, entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the Fee Schedule Set Forth Herein for Building Inspection Services and Rescinding Resolutions 83-061 and 87-095." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 5 (203-08) CONDITIONAL USE PERMIT 92-10 APPLICANT: RICHARD DARR Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The applicant has requested that this hearing be continued to April 20, 1993. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to continue consideration of Conditional Use Permit 92-10 to April 20, 1993. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. 4851 Page 5 - CITY OF POWAY - April 6, 1993 ITEM 6 (602-01, #799) COMMUNITY DEVELOPMENT BLOCK GRANT EIGHTEENTH YEAR AGREEMENT Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Staff recommends approval of an agreement with the County of San Diego to manage the eighteenth year CDBG program, which consists of $130,065 for the Poway Creek pedestrian bridge project to the Poway Royal Mobile Estates and accessibility modification projects for existing city facilities. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Snesko to close the public hearing, approve the agreement for Management and Implementation of a Community Development Block Grant Project, and adopt Resolution No. 93-050, 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." Motion carried 3-0 with Councilmembers Cafagnaand Emery absent. MAYOR 27. 29A. 29B. AND CITY COUNCIL-INITIATED ITEMS Councilmember Callery stated that the Gang Task Force has developed their mission statement and are currently working to get more business people, clergy, and homeowner association representatives involved on various subcommittees. She noted that Crossroads is a separate program going on at Abraxas High School. (1301-10) Mayor Higginson suggested a five member subcommittee of Councilmembers Cafagna and Emery, Business Advisory Committee member Jim Crosby, Friends of the Library President Joye Davisson and one other member to be selected by the Friends and Library Advisory Committee to help in the selection of a library site. As requested by the Friends of the Library, Council concurred to hold a workshop at 8 a.m. on April 17 or 24 to discuss sites. Mayor Higginson asked if the criteria the Council established that require an applicant to make progress in order to get a tentative map extension approved is necessary in today's economy. Council concurred for the Mayor to schedule this item in two weeks to discuss. ADJOURNMENT Upon motion by Councilmember Snesko, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 7:33 p.m. arjo~ie~. Wahlsten, City Clerk City ~way 4852