CC 1993 07-27 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 27, 1993
The July 27, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Susan Callery, Tony Snesko, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna, Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Mark Sanchez
Steve Streeter
Brad Kutzner
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Senior Civil Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Callery led the Pledge of Allegiance.
PRESENTATION
Assemblyman Jan Goldsmith gave the City Council an update of legislative
activities in Sacramento. AB 713, the HOV sticker program, has been approved by
the Assembly and Senate Transportation Committee. It goes next to the Senate
Finance Committee and then the Senate floor. There may be some Federal funding
available for transit improvements in the 1-15 corridor. AB 764 is now a two
year bill which means they will be negotiating some changes to the housing law.
He also presented a copy of a letter from Department of Fish & Game confirming
their funding the interpretive program at Blue Sky Ecological Reserve for another
year. Ethan Rotman, Naturalist, and James McCarthy, Chairman of the Friends of
Blue Sky Ranch, were present. Council thanked Assemblyman Goldsmith for
attending this meeting.
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PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications.
was no one present wishing to speak.
CONSENT CALENDAR
There
Motion by Councilmember Callery, seconded by Councilmember Snesko to approve the
Consent Calendar as follows:
Approval of Director of
Redevelopment Coordinator,
Redevelopment Interpretive
Specialist. (503-03)
18. Approval of Minutes - City Council
July 6, 1993, Regular Meeting
20. Ratification of Warrant Registers - June 30, July 9, 1993 {401-10)
21. Approval of City's Investment Report - June 30, 1993. {408-01)
22. Approval of Resolution No. 93-106, entitled, "A Resolution of the City
Council of the City of Poway Annexing Territory to the Sewer Improvement
District of the City of Poway: Valentine, 15210 Hilltop Circle; Fender,
15214 Hilltop Circle; Baker, 15254 Hilltop Circle; Dages, 15258 Hilltop
Circle; Marshall, 15248 Hilltop Circle." (1170-11)
23. Approval of Resolution No. 93-107, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Summary Vacation of a Portion of
a Public Right-of-Way Located Within Parcel 3 of Parcel Map 5755 (VAC 93-
05"); adjacent to Stone Canyon Road and Resolution No. 93-108, entitled,
"A Resolution of the City Council of the City of Poway Ordering the
Acceptance of a Street Right-of-Way Dedication Located Within Parcel 3 of
Parcel Map 5755." (1002-06)
24. Acceptance of improvements and release of securities for Unit 1, surface
improvements, Parkway Business Centre, CFD 88-1; Palomar Grading and
Paving. {602-01 #864}
25. Class Specifications for the positions of
Services, Pool Manager, Redevelopment
Project Administrator, and Recreation
26. Approval of Resolution No. P-93-36, entitled, A Resolution of the City
Council of the City of Poway Approving Sign Permit 93-27, Assessor's
Parcel Number 314-472-04" to maintain an existing nonconforming sign which
has been recently reduced to 15 feet in height and 60 square feet in area;
located at 13055 Poway Road (Poway Valley Professional Building)(203-17)
27. Award of bid for 1993-94 Slurry Seal and Cape Seal Program to Asphalt,
Inc., in the amount of $1,172,315.42. {602-01 #990)
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28. Award of bid for construction of citywide traffic striping/pavement
marking and pavement replacement to Traffic Operations, Inc. in the amount
of $85,211.68. (602-01 #991)
29. Award of bid for construction of pedestrian bridge on Poway Creek at
Bowron Road (1416); and lighting of two existing pedestrian bridges on
Poway Creek (5412) to Western Contracting in the amount of $95,000 and
appropriate $4,000 from 1318 for lighting installation. (602-01 #992)
30. Acceptance of Signal Synchronization, Phase II, various locations
throughout the City from Southwest Signal Service. (602-01 #963)
31. Approval of Resolution No. 93-109, entitled, "A Resolution of the City
Council of the City of Poway, California Denying General Plan
Amendment/Zone Change 93-02B (confirming action taken July 13, 1993, Item
lOB) (203-11)
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 4 (701-04)
ORDINANCE NO. 417/SECOND READING
GRAFFITI AND COMMUNITY SERVICE
Mayor Higginson read the title of Ordinance No. 417, "An Ordinance of the City
of Poway, California, Amending Chapter 9.56 of the Poway Municipal Code Relating
to Graffiti." Staff report by City Manager Bowersox. Adoption of the ordinance
would enable the city to recover costs of graffiti removal from the parents of
minors or, in lieu, to require community service to be performed.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to waive
further reading and adopt Ordinance No. 417. Motion carried 3-0 on a roll call
vote with Councilmembers Cafagna and Emery absent.
ITEM 5 (701-04)
ORDINANCE NO. 418/SECOND READING
ZONE CHANGE 93-02A/STOWE & POMERADO
Mayor Higginson read the title of Ordinance No. 418, "An Ordinance of the City
of Poway, California Changing the Zoning Classification of Certain Property (ZC
93-02A). City Manager Bowersox pointed out that with only three Councilmembers
present, all three must vote "aye" in order for this to be adopted otherwise it
continues over to the next meeting. Since the Councilmembers present were on
different sides of this issue at the first reading staff recommends it be
continued.
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Motion by Councilmember Snesko, seconded by Councilmember Calleryto continue the
second reading of Ordinance No. 418 to August 31, 1993 when all Councilmembers
will be present. Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
ITEM 6 (203-21)
SPECIFIC PLAN AMENDMENT 84-01W
APPLICANT: TECH BUSINESS CENTER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow additional uses within the Light Industrial
and Industrial Park land use designations as permitted rather than conditional.
This approval will eliminate the need for Conditional Use Permit 93-01 recently
granted Orkin Exterminating Company. Their use will be allowed by right. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-110, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Specific Plan Amendment
84-01W." Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 7 (203-04)
VARIANCE 93-01/MDRA 93-35
APPLICANT: LAURA KIMBALL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 1,500 square foot residence at 14305
York Avenue. The prior home on this property was destroyed by flooding in
January and on March 16, 1993 the City Council approved waiving City fees
connected to the rebuilding. A portion of the property is in the floodplain.
The applicant is requesting a variance to allow side yard setbacks of five and
one-half feet and staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-37, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Variance 93-10 and Minor Development Review 93-35, Assessor's Parcel Number 314-
182-86." Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
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ITEM 8 (203-04)
VARIANCE 93-11
APPLICANT: CARY SCHWANEKE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to allow a 155 square foot addition
to encroach four feet into the side yard setback at 14770 Laurelwood Street.
Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-38, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Variance 93-11, Assessor's Parcel Number 314-742-47." Motion carried 3-0 with
Councilmembers Cafagna and Emery absent.
ITEM 9 (203-04)
VARIANCE 93-12
APPLICANT: DARIN PEARCE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for approval of a retaining wall and chain link
fence with a combined height of 12 feet 8 inches where six feet is the maximum
height permitted at 13240 Tarascan Drive. It adjoins commercial property and is
higher. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-39, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Variance 93-12, Assessor's Parcel Number 317-571-12." Motion carried 3-0 with
Councilmembers Cafagna and Emery absent.
ITEM 10 (203-02)
TENTATIVE PARCEL MAP 88-17TE(3)
APPLICANT: AHMAD SEDEHI
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a third and final one-year time extension for
the division of 2.56 acres into four parcels on the west side of Espola Road
approximately 400 feet south of Del Poniente Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-40, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
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Tentative Parcel Map 88-17TE(3), Assessor's Parcel Number 321-011-36." Motion
carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 11 (203-02)
TENTATIVE PARCEL MAP 91-01TE(1)
APPLICANT: DOUGLAS KEYES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one-year time extension for the division of
16.1 acres into three parcels at the northeast corner or Pomerado Road and Metate
Lane. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-41, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 91-01R Time Extension, Assessor's Parcel Number 317-211-02,
04." Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 12 (602-01, #135R)
OWNER PARTICIPATION AGREEMENT AMENDMENT
POWAY CORPORATE CENTER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The Owner Participation Agreement with Tech Business Center
Partnership for their Poway Corporate Center requires them to pay the
Redevelopment Agency $820,000 toward the construction of the Scripps Poway
Parkway. The developers have requested that the time period for paying the
remaining $620,000 be extended to April 1, 1996. They will pay 8 percent
interest on the outstanding balance. The funds will be available in time to
finance the construction of the improvements. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Snesko to close the
public hearing and adopt Resolution No. 93-111, entitled, "A Resolution of the
City Council of the City of Poway, California Approving a First Amendment to the
Owner Participation Agreement by and between the Poway Redevelopment Agency and
Tech Business Center." Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
ITEM 13 (701-04)
ORDINANCE RE SUBSCRIBER RIGHTS
CABLE TELEVISION SYSTEMS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. In order to have sufficient time to review the proposed changes to the
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cable ordinance with their corporate office, Southwestern Cable has requested a
continuance. Staff recommends continuance to August 31, 1993.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to continue
consideration of Ordinance adding Subscriber Rights to the Cable Television
provision of the Municipal Code to August 31, 1993. Motion carried 3-0 with
Councilmembers Cafagna and Emery absent.
ITEM 14 (704-10)
PUBLIC NUISANCE AT 13415 ACTON AVENUF
Code Compliance Officer Kathy Barbosa presented photographs showing the extensive
clean-up by Shauna Killen at 14315 Acton Avenue which was declared a public
nuisance on July 6, 1993. Staff recommends the Notice of Intent to Lien not be
released for three to six months with staff re-inspecting periodically.
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve
staff recommendation. Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
ITEM 15 (704-10)
PUBLIC NUISANCE AT 14502 KENNEBUNK STREET
Code Compliance Officer Kathy Barbosa presented photographs showing the extensive
clean-up by Kathleen and Michael Jones at 14502 Kennebunk Street which was
declared a public nuisance on July 6, 1993. Staff recommends the Notice of
Intent to Lien not be released for six to twelve months with staff re-inspecting
periodically.
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve
staff recommendation. Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
ITEM 16 (602-01, #135R)
PROMISSORY NOTE/POWAY CORPORATE CENTER
Staff report by City Manager Bowersox. It is recommended that the Redevelopment
Agency authorize the execution of a promissory note with Tech Business Center
Partnership in the amount of $2.5 million to reimburse them for costs incurred
in construction of public improvements for their Poway Corporate Center project.
It will accrue interest at 8 percent and will be reimbursed to the developers
from tax increment generated by this project as they become available.
Motion by Councilmember Snesko, seconded by Councilmember Callery to authorize
the execution of a promissory note with Tech Business Center Partnership in the
amount of $2.5 million. Motion carried 3-0 with Councilmembers Cafagna and
Emery absent.
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ITEM 17 (1401-01)
EXPANSION OF WEINGART SENIOR CENTER
James McCarthy, Chairman of the Weingart Center's Building Expansion Committee
explained the additions they want to make to their building which will increase
the square footage from 12,457 to 19,453 square feet and will include a sprinkler
system. He requested the City Council approve the building plans and appropriate
$300,000.
City Manager Bowersox suggested the Seniors work with the Planning Department to
dress up the exterior. The actual building plans will have to be approved by the
Building Department. Staff will report back to the Council regarding funding.
Council concurred to receive and file the report.
CITY MANAGER ITEMS
City Manager Bowersox introduced Randy Williams, newly hired Director of Public
Services, who is retiring this week from the U.S. Navy as Public Works Officer
at China Lake Naval Weapons Station.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, City of Poway v. Parkway Business Center.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
38A.
Councilmember Snesko stated that one of the owners at Poway Royal was
attempting to sell his coach and we turned down his potential buyer
because of some glitch in a credit report. He asked for a policy that
would not allow that to happen. Assistant City Manager Fitch requested
that these items be referred to the Housing Commission for resolution.
Council concurred.
38B.
Councilmember Snesko stated that the San Diego City Council had turned
down the Waste Water Management District's proposal to change the weighted
vote. He will appear before their Council on August 10 to present the
smaller cities position with a possible compromise. City Attorney Eckis
requested this be put on the August 3, 1993 agenda in order for the City
Council to discuss the compromise proposal.
38C.
Councilmember Snesko asked when we can proceed with a neighborhood park on
Larchmont Street. City Manager Bowersox stated this was one of the areas
identified as needing additional park facilities. The General Plan
Amendment adding minipark classification and standards will be presented
in September and staff will prepare a report on areas, acreage required,
cost estimate, and possible facilities.
37A.
Mayor Higginson stated the Solid Waste Interim Commission is meeting
tomorrow and requested a status report of that meeting be placed on the
August 3, 1993 agenda.
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37B.
Mayor Higginson stated he has learned that several Mayors walk the safe
routes to school with their Traffic Safety Committees and school district
representatives prior to the start of school and suggested we do that
also.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 7:55 p.m. as
requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:30 p.m. and stated they had
received a report from the City Attorney during closed session. He adjourned the
meeting on motion by Councilmember Snesko, seconded by Councilmember Callery.
Marjorie\K. Wahlsten, City Clerk
City of Pbway
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