CC 1993 10-05 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 5, 1993
The October 5, lg93, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 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, Tony Snesko, Don Higginson
COUNCILMEMBER ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Randy Williams
Marijo VanDyke
Patrick Foley
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Public Services
Associate Planner
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Callery 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:
William Scandalis, 12881 Indian Trail, coach of the United Poway Swim
Club, told the Council of recent accomplishments of the team, including
placing in the top ten teams at the National Trials this summer.
CONSENT CALENDAR
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
Se
Approval of Minutes - City Council
September 14, 1993, Regular Meeting
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10. Ratification of Warrant Register - September 16, 1993 (401-10}
11. Release of permit bond for The Palisades, Phase 10, Tentative Tract Map
89-15, Standard Pacific of San Diego, applicant. (602-01, #837)
12. Adoption of refund policy for recreation programs and events. {102-05)
Motion carried unanimously.
ITEM 4 (203-14)
DEVELOPMENT REVIEW 93-03
APPLICANT: MCMAHON/OLIPHANT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 31,000 square foot medical office
complex which will include a surgery center on a 2.06 acre lot at 12674 Monte
Vista Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna, to close the
public hearing, issue a Negative Declaration with mitigation and adopt Planning
Resolution No. P-93-47, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Development Review 93-03, Assessor's Parcel Number
275-460-61." Motion carried 4-0 with Councilmember Emery absent.
ITEM 5 (203-01)
TENTATIVE TRACT MAP 88-16TE(3)
APPLICANT: BILLY YEN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a third one year time extension for a previously
approved tentative tract map subdividing a 7.18 acre site into six lots at the
west end of Rimbach Road. Staff recommends approval.
Councilmember Cafagna asked how the new law giving two year time extensions
affects this. City Attorney Eckis stated that the law does not specify how the
extensions are to be done and we will have to set up a procedure to implement.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing, note that the previously issued Negative Declaration for
Tentative Tract Map 88-16 adequately addresses the environmental concerns and
adopt Planning Resolution No. P-g3-48, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Tract Map 88-
16TE{3), Assessor's Parcel Number 317-520-05,06." Motion carried 4-0 with
Councilmember Emery absent.
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ITEM 6 (705-10)
CITIZEN INQUIRY/PEGGY SHEA
Staff report by City Manager Bowersox. At the September 7, 1993 City Council
meeting, Peggy Shea stated that she had not received correct answers to her
questions concerning the lighting district assessments for gated communities, the
South Poway Business Park, and mobile homes. Her questioning has brought to
light the fact that the two City-owned mobile home parks are not being assessed
for the lighting district, fire protection fees, Metropolitan Water District
standby charge, or County Water Authority Water Availability Fund. Since the
City bought the parks we did not establish appropriate fee/assessment collection
information with the County Assessor. This will be corrected for the 1994 tax
bill and the City will transfer funds from the rents paid by the tenants to the
other shorted accounts. Additionally, staff will propose an equitable method for
dealing with the gated communities and vacant property in the business park by
January 20, 1994.
Mrs. Shea, 12423 Paseo Colina, asked staff for clarification on several items.
Council concurred to receive and file the report.
ITEM 7 (704-10)
RENTAL PROPERTY MAINTENANCE STANDARDS
Staff report by City Manager Bowersox. At the September 7, 1993 meeting,
Councilmember Snesko requested a report regarding business registration program
to enforce property maintenance standards for rental property. This report
addresses half of the issue and cites other cities that have a registration of
some sort. The other half is an ordinance setting property maintenance standards
for all property that is being prepared by the City Attorney.
Speaking in opposition to a business registration program:
Tracy Morgan, 2231 Camino del Rio South, representing the San Diego
Association of Realtors. She asked to be allowed to review the proposed
ordinance before it comes to the City Council.
Frank Spitzer, 16028 Paragon Mesa Road.
Council concurred to receive and file the report.
ITEM 7.1 (701-09)
REPORT RE LIBRARY SITE
Staff report by City Manager Bowersox. He cited the history of the "Higginson
Plan" that was proposed and adopted with the 1990-91 budget and created a $4.75
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Page 4 - CITY OF POWAY - October 5, 1993
million budget for a new library. He stated that we have accepted an offer to
purchase Western Lumber for $1.4 million, contingent on the results of test wells
for contamination. We plan to sell 2.5 acres fronting on Poway Road for $1
million which puts the land costs for the library at $400,000. This makes the
Western Lumber site the most economical. He commended Councilmember Cafagna for
his work in these negotiations.
Councilmember Cafagna stated that the Ad Hoc Library Site Selection Committe had
originally recommended the Midland Road site because of the economics, however,
with the offer from Western Lumber, that becomes the best site. At the time of
the Longs acquisition, Western Lumber was asking $3.3 million for the property.
City Manager Bowersox emphasized that Phase II site improvements referred to the
in the staff report is just a dream right now and may never be built. The focus
is on Phase I.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to designate the
Western Lumber property as the number one priority site for a new library with
Midland Road kept as number two priority.
Speaking in favor of the Western Lumber site:
Vicki Lazowski, 14440 Golden Sunset Land, President of the Poway Chabmer
of Commerce.
Kathy Shawl, 13239 Ann-o-Reno Lane, President of the Friends of the
Library
Motion carried 4-0 with Mayor Higginson absent.
CITY ATTORNEY ITEMS
City Attorney Eckis gave a status report on the Parkway Business Center case and
stated the Bankruptcy Court had granted our motion for relief from stay allowing
us to commence the foreclosure of our special tax lien and have granted the
City's request for first priority lien for future special taxes as they may
accrue.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18A.
Mayor Higginson stated that in spite of the City's request that SDG&E
return to their original plan to install an 8" gas main rather than the
36" in Pomerado Road, he has learned that they intend to start
installation of the 36" main in November. He requested the City Attorney
report next week regarding the legal remedies.
18B.
Mayor Higginson read a letter from Mayor Cochran of Lemon Grove regarding
Director of Engineering Services Weston's exemplary work as Chairman of
the Technical Advisory Committee to the San Diego Wastewater Management
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District. It stated that "if the District gets on its feet and running it
will be in great measure due to the efforts of Mark."
19.
Councilmember Snesko stated he would not discuss his item regarding adult
programming by Cox Cable at this meeting. Clinton Cooney, 13117 Alpine
Drive, was present to protest Cox dropping classical radio station KFSD
from its line-up. Staff will report back on this on October 12.
AD~OURNHENT
Mayor Higginson adjourned the meeting at 8:25 p.m. on motion by Councilmember
Callery, seconded by Councilmember Snesko.
Marjori~K. Wahlsten, City Clerk
City Q~/°oway
5010