CC 1993 09-28 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 28, 1993
The September 28, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:08 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILHEHBERS 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
Penny Riley
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
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC OR. AL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications.
following persons were present wishing to speak:
Bill Cross, 13105 Corona Way
Karen Lowry, 13333 Buena Vista
Edith Kennedy, 12814 Herencia Drive
Dan Albert, 12818 E1 Rey Vista
Sylvia Nicpon, 13325 Buena Vista
Charlene Albert, 12818 E1 Rey Vista
James Dolan, 13047 Dana Vista
Carol Watson, 13028 Dana Vista
Edna DreWs, 12810 Flora Vista
Frances Colling, 13340 Alpine Drive
Kathy Borthwick, 13336 Alpine Drive
Andy Pitcher, 13031 Corona Way
David White, 13324 Dana Vista
Alice Brewer, 13028 Alpine Drive
The
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The speakers all protested the rent increase that is scheduled for January 1,
1994 at Poway Royal Mobile Estates. Staff will report back in two weeks. (1601-
11)
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 7:35 p.m. and called it back to order at
7:40 p.m.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
2lA.
Mayor Higginson stated several people had turned in Public Oral
Communication slips regarding the SDG&E proposed 36 inch gas main in
Pomerado Road. He stated he and Councilmember Snesko attended a public
meeting Assemblyman Goldsmith held last Wednesday with SDG&E and the
residents to discuss SDG&E's plans. It was pointed out that SDG&E had
originally planned to install an 8 inch line from Oak Knoll Road to
Scripps Ranch. The City suggested that since SDG&E was planning to
install a 36 inch line for their Project Vecinos project in this same
area, they do that project now rather than tear the street up twice.
However, the Project Vecinos project has not been approved and it may be
5 to 10 years before the 36 inch line is needed and it may be better for
SDG&E to go back to their original plan. Carol Dorman, SDG&E's
representative is not able to be here tonight since her mother died
recently and he will be rescheduling this item. Those present stated they
would speak when the item comes back.
PROCLAMATION
Mayor Higginson proclaimed October 3-9, 1993 as "Fire Prevention Week" and
presented the proclamation to Director of Safety Services Sanchez.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
e
Approval of Minutes - City Council
August 31, 1993, Regular Meeting
September 7, 1993, Regular Meeting
11. Ratification of Warrant Register - September 9, 1993.
12. Denial of claims for damages: A)Pacific Bell; B)William Stiles
13. Approval of City's Investment Report: August 31, 1993.
(401-10)
(704-13)
(408-01)
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14.
Receive and file report regarding source and application of funds for
public improvement fees for fiscal year 1992-93 for the City of Poway.
(401-22)
Motion carried unanimously.
ITEM 5 (602-01, #970)
REIMBURSEMENT AGREEMENT/SEWER MAIN
STONE CANYON ROAD AND FALLEN LEAF ROAD
Staff report by City Manager Bowersox. LaSalle Talman Bank took a house on
Fallen Leaf Road back through foreclosure. The septic tank was failing and they
could not resell the house without extending the public sewer. The cost
estimated by their engineer for the work was $66,336.50. The sewer main
extension fronts 13 other properties and a reimbursement agreement was approved
and recorded that will require these properties to pay $4,738.32 as a pro rata
share of the sewer main if they apply for sewer service. When installing the
main, the contractor ran into solid granite and the actual cost of doing the
construction was $219,874.40. The Bank is requesting that the reimbursement
agreement be amended to reflect this change. Staff has proposed that additional
properties be added to the agreement {Area "A") that indirectly benefit from the
extension of the sewer main. Their pro rata share would be $3,489.50. the pro
rata share for those directly benefitting, or Area "B" is revised to $8,592.31.
Speaking in opposition to staff recommendation:
Ronald Walrod, 13350 Stone Canyon Road
George Gonzalez, 13331 Fallen Leaf Road
John Pavin, 13319 Stone Canyon Road
Dr. Ted Grosset, 13232 Stone Canyon Road
Speakers stated the bank had entered into a business agreement and they should
be responsible for any increased costs.
Speaking in favor of staff recommendation:
Don Ayles, ERB Engineering, 13260 Poway Road.
Motion by Councilmember Cafagna to continue this item to get more information.
There was no second.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to deny staff recommendation. Motion carried 4-1 with Councilmember
Cafagna voting "no."
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ITEM 6 (1180-03)
ESPOLA ROAD IMPROVEMENT
Staff report by City Manager Bowersox. This report was prepared in response to
Bill Barnick's statement at the August 31, 1993 City Council meeting regarding
the need to increase the visibility for traffic going south on Espola Road
towards Poway Road. A project to improve this curve is in the Redevelopment
Plan. The roadbed will be reconstructed between Range Park and Poway Road on
October 8-10, 1993.
Council concurred to receive and file this report.
ITEM 7 (1207-01)
FARE SCHEDULE FOR AIRPORT SHUTTLE
Staff report by City Manager Bowersox. The County staff has awarded a new
airport transportation contract to Sureride Airport Shuttle resulting in reduced
rates for this service. Staff recommends adoption of the new fare schedule.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 93-146, entitled, "A Resolution of the City Council of the City
of Poway, California, Establishing a New Fare Schedule for the Poway Airport
Transportation Service and Rescinding Resolution No. 93-042." Motion carried
unanimously.
ITEM 8 (701-09)
LIBRARY SITE SELECTION COMMITTEE
Staff report by City Manager Bowersox. Staff is still negotiating with Western
Lumber and recommends continuance for another week. Motion by Councilmember
Emery, seconded by Councilmember Callery to continue the report regarding the
recommended site for the library to October 5, 1993. Motion carried unanimously.
CITY MANAGER ITEMS
16.
City Manager Bowersox commended the Fire Department for their efforts in
fighting the Old Coach fire this week.
CITY ATTORNEY ITEMS
17.
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.8, real property transaction, meeting with negotiator for three
parcels. On each the City Manager and Assistant City Manager will
negotiate for the City and Agency. On the first Dick and Betty Huber and
Virgil and Sharon Opfer will negotiate as the property owners. On the
second, Craig Breihan will negotiate on behalf of the Breihan Family
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Trust. On the third, Robert Amberg, corporate counsel for Retirement
Family Trust, will negotiate for the property owner.
MAYOR AND CITY COUNCIL-INITIATED ITEHS
21B.
Mayor Higginson stated that he, Councilmember Cafagna, City Manager
Bowersox and City Attorney Eckis will be attending a two-day workshop of
the Interim Solid Waste Commission this week. He requested guidance from
the City Council on some of the issues. Following discussion, Council
concurred that there should be as much flexibility as possible in the form
of governance to take advantage of new technology and the voting formula
should be as simple as possible. Councilmember Callery requested a
written synopsis of the workshop.
21C. Mayor Higginson appointed Jeff Beers as Chairman of the Housing
Commission.
22A.
Councilmember Snesko stated he had recently learned that Cox Cable will be
introducing the Spice Channel in Poway on October 1 and he is concerned
that this is pornography and even though it is a pay for view channel the
audio portion is perfectly clear and the video is not scrambled as it
should be.
Sandra Murphy, representative for Cox Cable stated they are committed to
provide a wide range of programming and subscribers can block that
channel. Cox has sent postcards to all Poway customers on how to remove
it.
Mayor Higginson stated he had sent a letter to Cox in August regarding
this channel and asking Cox to do certain things prior to starting
broadcasting. The postcard is in response to that letter.
Councilmember Snesko stated he would like the council to request the
District Attorney to pursue criminal charges on child endangerment;
request the U.S. Attorney instruct the FCC to investigate Cox for
broadcasting pornography; and develop an ordinance that would require
cable providers to black out all premium channels and only broadcast them
to subscribers specifically requesting them. He offered to show a video
recording of the Spice channel that he had recorded at his brother-in-
law's home. The Council declined.
Councilmember Snesko requested a closed session be held pursuant to
Government Code §54956.g(c) on whether or not to initiate litigation.
CLOSED SESSION
Mayor Higginson called for a closed session at g:25 p.m. as requested by the City
Attorney and Councilmember Snesko.
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CALL TO ORDER
Mayor Higginson called the meeting back to order at 10:10 p.m. (Councilmember
Emery left the meeting.) Mayor Higginson stated the City Council had given
direction to the city's negotiators during closed session.
Motion by Councilmember Snesko to request the District Attorney pursue criminal
charges on child endangerment under the harmful materials section. There was no
second.
Motion by Councilmember Snesko to request the U.S. Attorney in San Diego to have
the FCC investigate Cox Cable for illegally broadcasting pornography. There was
no second.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to direct the
City Attorney to look at amending the customer standards section of the cable
television ordinance to require cable providers to black out premium or pay for
view channels unless requested by the subscriber. Motion carried 4-0 with
Councilmember Emery absent.
Motion byCouncilmember Snesko, seconded by Councilmember Cafagna to direct staff
to prepare a letter to the Federal Communications Commission urging that cable
providers be required to black out premium or pay for view channels unless
requested by the subscriber. Motion carried 4-0 with Councilmember Emery absent.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:20 p.m. on motion by Councilmember
Callery, seconded by Councilmember Snesko.
Marjodie~ K. Wahlsten, City Clerk
City o~oway
5005