CC 1993 09-14 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 14, 1993
The September 14, 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.
COUNCILMEHBERS 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
Randy Williams
Mark Sanchez
Yolanda Collins
Patrick Foley
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
Director of Safety Services
Sheriff's Captain
Principal Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATION
Mayor Higginson proclaimed September 22, 1993 as "American Businesswomen's Day"
and presented the proclamation to Judith Sullins.
PUBLIC OP~AL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak.
Harold Williams, 13148 Tobiasson Road, Vice President of the Southwest
Poway Homeowners Association, expressed concerns regarding the safety of
San Diego Gas & Electric's 36" gas line scheduled to be installed in
Pomerado Road.
Betty Rexford, 11570 Creek Road, also spoke against the pipeline in this
location.
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The speakers noted that they had met with Assemblyman Jan Goldsmith and he will
hold a public forum in the City Council Chambers on Wednesday, September 22,
regarding this issue. They urged the City Councilmembers to attend.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the
Consent Calendar as follows:
10. Denial of claim for damages: Charles Soman
(704-13)
11.
Designation of Mayor as voting delegate for League of California Cities
Annual Conference, October 16-19, 1993. {1503-22)
12.
Approval of the allocation of $261,155 of Redevelopment Agency funds for
the expansion of the Weingart Center; and adoption of Resolution No. 93-
140, entitled, "A Resolution of the City Council of the City of Poway,
California Determining that the Expansion of the Weingart Center is of
Benefit to the Paguay Redevelopment Project." (1401-01)
13.
Adoption of Resolution No. 93-141, entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Landscaping
and Driveway Improvements at Community Road and Metate Lane Project
(#5278) is of Benefit to the Paguay Redevelopment Project." (806-01R)
14.
Adoption of Resolution No. 93-142, entitled, "A Resolution of the City
Council of the City of Poway Determining that the Pomerado Road/Glen Oak
Medians Project (#5279) is of Benefit to the Paguay Redevelopment
Project." (1110-11)
15.
Adoption of Resolution No. P-93-45, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
93-59," for the Annual Poway Days events. {203-07)
16.
Adoption of Resolution No. 93-143, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a Yield Sign on
Cherrywood Street at Maplewood Street." (1160-01)
16.1
Adoption of Resolution No. 93-144, entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Phase I of
North Twin Peaks/Midland Road Project (#5414) is of Benefit to the Paguay
Redevelopment Project." {806-01R}
16.2
Approval of an interpretation of South Poway Development Standards to
allow temporary storage of trucks on a lot within Tech Business Center,
Bundy Trucking, applicant. (203-21)
16.3 Approval of appropriation of up to $5,000 as loan to Poway Days Committee
for fireworks at the Community Days celebration. {401-13}
Motion carried unanimously.
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ITEM 5 (701-04)
ORDINANCE NO. 41g/SECOND READING
CABLE TELEVISION SUBSCRIBER RIGHTS
Mayor Higginson read the title of Ordinance No. 419, "An Ordinance of the City
of Poway, California Adding Section 5.60.381 on Subscriber Rights to Chapter 5.60
of the Poway Municipal Code Relating to the Maintenance and Operation of Cable
Communications or Cable Television Systems." Staff report by City Manager
Bowersox.
Speaking in favor of staff recommendation:
Larry Cruse, 13734 Utopia, requested future amendments to add a punitive
element and a form of public review.
Motion by Councilmember Emery, seconded byCouncilmember Cafagna to waive further
reading, close the public hearing and adopt Ordinance No. 419. Motion carried
unanimously.
ITEM 6 (1170-09)
ENVIRONMENTAL ASSESSMENT
DRAINAGE IMPROVEMENTS/COMMUNITY ROAD
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This project proposes the construction of drainage improvements along
Community Road between Aubrey Street and Olive Meadows Drive to prevent erosive
impacts to Community Road. The two 72-inch diameter drainage pipes will be
buried at grade within the existing channel bottom and covered. Staff recommends
issuance of a Negative Declaration.
There was no one present wishing to speak.
Council asked about plans for widening the road. Director of Engineering
Services Weston stated the road widening will be a redevelopment project to be
prioritized.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to issue a
Negative Declaration for the drainage improvements along Community Road, and
credit 0.17 of 3.0 acres of Coast Live Oak Riparian Forest habitat from the
former Butcher property as encumbered mitigation land. Motion carried
unanimously.
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ITEM 7 (203-08)
CONDITIONAL USE PERMIT 91-05M
MINOR DEVELOPMENT REVIEW 92-64
APPLICANT: POMERADO BOARD AND CARE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 1,140 square foot addition to an
existing residence located at 16031Pomerado Road. The residence is currently
being operated as an elderly residential care home and the operator is requesting
approval to increase the maximum number of boarders from nine to fifteen. 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-93-46, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit gl-OSM and MDRA 92-64, Assessor's Parcel Number 317-130-42." Motion
carried unanimously.
ITEM 8 (701-09)
POWAY COMMUNITY LIBRARY SITE
Staff report byCityManager Bowersox. Since this report was prepared, staff has
received information from Western Lumber regarding the cost of their site that
may change the economics. He requested this item be continued to September 28,
1993.
Motion by Councilmember Snesko, seconded by Councilmember Emery to continue the
report from the Ad Hoc Library Site Selection Committee regarding the recommended
site for the library to September 28, 1993. Motion carried unanimously.
ITEM 9 (203-08, CUP 91-01)
TARGETS FOR ARCHERY RANGE
Staff report by City Manager Bowersox. On August 31, 1993, Wayne Hallett
requested that the city contribute up to $1,500 for the acquisition of permanent
bales for the archery range targets. The City has expended $13,000 in contract
costs and approximately $420,523 for labor and materials. This project was
originally approved with the understanding that the majority of the improvement
costs were to be borne by the archery community. Staff recommends this request
be denied.
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Speaking in opposition to staff recommendation:
Wayne Hallett, 13074 Tuscarora
Robert Coates, 10444 Rue du Nuage, San Diego
Speakers cited the equipment donations they had obtained and the recreational
opportunities this provided for children.
Motion by Councilmember Snesko, seconded by Councilmember Callery to allocate
$1,500 to purchase permanent targets for the archery range. Motion carried 4-1
with Councilmember Emery voting "no."
CITY MANAGER ITEMS
City Manager Bowersox announced that Espola Road will be closed between Range
Park Road and Poway Road the week-end of October 8-10 in order for the surface
to be rebuilt.
CITY ATTORNEY ITEHS
City Attorney Eckis requested a closed session pursuant to Government Code
Section 54956.8, real property transaction, Western Lumber. City Manager
Bowersox will negotiate for the city and attorneys McMahan and Bell will
represent Western Lumber.
City Attorney Eckis requested a closed session be added to the agenda. We
have received an offer of settlement in the Parkway Business Center
bankruptcy and action needs to be taken before the next City Council
meeting. Motion by Mayor Higginson, seconded by Councilmember Snesko to
make the finding that the need to take action has arisen within the past
72 hours and a closed session should be added to agenda as requested by
the City Attorney. Motion carried unanimously.
NAYOR AND CITY COUNCIL-INITIATED ITEMS
21.
Councilmember Emery requested the City Attorney analyze Proposition 174,
school voucher initiative, regarding how it could impact the Council's
land use authority over private schools.
22. Mayor Higginson suggested Council have a discussion before the next budget
cycle regarding City funding of fireworks.
23.
Councilmember Snesko requested information on negotiations to sell or
lease the Longs Drug Store building. Mayor Higginson suggested he meet
with staff.
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CLOSED SESSXON
Hayor Higginson called for a closed session at 7:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Hayor Higginson called to the meeting back to order at 8:35 p.m. and announced
that the City Council had instructed the City Attorney in closed session. He
adjourned the meeting at 8:35 p.m. on motion by Councilmember Emery, seconded by
Councilmember Snesko.
Wahlsten, City Clerk
ay
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