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CC 1994 04-26 CITY OF PONAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRZL 26, 1994 The April 26, lg94, 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 Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Jim Marmack Patrick Foley Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 607 led the Pledge of Allegiance. PRESENTATION City Manager Bowersox presented a plaque for the top employee suggestion for 1993 to Mike Towne, Park Maintenance Worker III, for his suggestion to install timers on the lights at various park facilities to save energy. PROCLAMATION Mayor Higginson presented a proclamation for Nurses Week, May 5-12, 1994, to Becky Higginson, his wife and a nurse at Pomerado Hospital. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was wishing to speak: Lea Burrell, 14121 Melodie Lane, stated she was relocating outside of Poway with her birds and thanked the City Council for working with her. She offered to donate the sound attenuation wall to the City. 5199 Page 2 - CITY OF POWAY - April 26, 1994 CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Cafagna, to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council April 5, 1994, Regular Meeting 12. Ratification of Warrant Register - April 7, 1994 (4oi-io) 13. Approval of City's Investment Report - March 31, 1994 (408-0i) 14. Receive and file report regarding an update on a grant from the California Office of Traffic Safety for the purchase of a radar speed trailer. (Originally heard on February 8, 1994, Item 18.) (401-30) 14.1. Denial of claims for damages: A) Robert Frank; B) Laura Zeaman (704-13) 14.2. Receive and file quarterly activity report for the Economic Development Division of the Redevelopment Services Department. (209-00R) 14.3. Approval of contract with Cotton/Beland Associates for the preparation of the AB 1290 5-Year Implementation Plan regarding Redevelopment Agency goals and objectives; and appropriation of $8,800 from low and moderate- income housing fund. (602-01 #214R) 14.4 Adoption of Resolution No. 94-045, entitled, "A Resolution of the City Council of the City of Poway, California Acting as the Legislative Body of Community Facilities District No. 1 (Pomerado Business Park Project) Directing Recordation of Notice of Special Tax Lien," and Resolution No. 94-046, entitled, "A Resolution of the City Council of the City of Poway, California Acting as the Legislative Body of Community Facilities District No. 88-1 (Parkway Business Centre) Directing Recordation of Notice of Special Tax Lien," (706-02) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 433/SECOND READING COMPREHENSIVE SIGN REGULATIONS Mayor Higginson read the title of Ordinance No. 433, "An Ordinance of the City of Poway, California, Amending Chapter 17.40 of the Poway Municipal Code Comprehensive Sign Regulations Relating to Painted Window Signs (ZOA 94-02)." Staff report by City Manager Bowersox. This is second reading of an ordinance relating to painted window signs, exposed neon tubing in signs and individual balloons on short strings. 5200 Page 3 - CITY OF POWAY - April 26, 1994 Councilmember Callery stated she had voted "no" at the first reading however she would support its adoption to give businesses a chance. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and waive further reading of Ordinance No. 433. Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to adopt Ordinance No. 433. Motion carried 4-1 on a roll call vote with Councilmember Emery voting "no." ITEM 5 (1206-05) SOUTHWESTERN CABLE RATES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On March 22, 1994, the City Council adopted a resolution directing Southwestern Cable to keep an accurate account of all amounts received by reason of the rates and charges for basic service. In addition, the City Council set a public hearing for April 26, 1994. Staff is recommending that the City Council adopt a Resolution proposing the disapproval of existing rates and charges for the basic service tier and inviting Southwestern to appear at the May 24, 1994 public hearing to comment why the existing rates should not be disapproved. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. 94-047, entitled, "A Resolution of the City Council of the City of Poway, California, Pursuant to Sections 76.933(C), 76.936, 76.940, 76.941, and 76.942 of the Rules and Regulations of the Federal Communications Commission (FCC) Proposing the Disapproval of Existing Rates and Charges for the Basic Service Tier and Associated Equipment for Southwestern Cable TV (Southwestern), Seeking Comment why a Prospective Rate reduction, Prescribing Rates and Charges for Basic Service Tier and Refunds Should not be Ordered, and Directing Southwestern to Keep an Accurate Account of all Amounts Received by Reason of the Rates of Issue and on Whose Behalf Such Amounts were Paid." Motion carried unanimously. ITEM 6 (1403-06) WEED AND RUBBISH ABATEMENT APPEALS Staff report by City Manager Bowersox. Section 8.76.070 of the Poway Municipal Code gives any property owner the right to appeal the "Notice to Clean Premises," within ten days. Notices were given on April 6, 1994 and no appeals have been received. There was no one present wishing to present an oral appeal. 5201 Page 4 - CITY OF POWAY - April 26, 1994 ITEM 7 (203-21) SPECIFIC PLAN AMENDMENT 84-01X APPLICANT: HENRY MATHEWS/PINERY GOLF Staff report by City Manager Bowersox. This is the initiation of a Specific Plan Amendment to allow a golf practice facility and micro golf course on 14.5 acres adjacent to the South Poway Sports Park. Councilmember Cafagna stated he feels the proposed use is compatible to the Business Park and made a motion to adopt Resolution No. 94-048, entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan (SPA 84-01X)." Motion seconded by Councilmember Snesko and carried unanimously. ITEM 8 (i180-05) FIREWORKS DISPLAY Staff report by City Manager Bowersox. At a previous meeting, the City Council discussed whether it was more appropriate for the City to sponsor a community fireworks display for the 4th of July celebration or Poway Days. Staff recommends the City sponsor a community fireworks display for the 4th of July celebration. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve staff recommendation. Motion carried unanimously. ITEM 9 (1170-04) SOLID WASTE COMMISSION Staff report by City Manager Bowersox. On January 4, 1994, a number of issues regarding the administration of the solid waste activities were discussed by the City Council, including governance options, facility/mitigation fees, NCRRA, and the North County JPA's activities regarding alternative disposal options. During the past two months, the Interim Solid Waste Commission has been working on resolution of several issues with the necessity of preparing a joint powers agreement for the management of the solid waste system by May 31, 1994. At this time, the consensus of the Commission is to form the San Diego Solid Waste Management Authority. Councilmember Cafagna, who has been serving as the City's representative on the Commission, stated he need direction from the Council on whether or not we should continue as a "player." Oceanside, Escondido and Carlsbad have a proposal to haul trash by train to Utah. This would be a five-year contract and would require a transfer station somewhere in North County. The City of E1Cajon has a proposal from Waste Management to haul their trash to Lancaster. Poway only generates 20,000 tons a year out of the 1,045,000 generated county-wide so we are a small player. Council concurred Poway should continue to assume we will be 5202 Page 5 - CITY OF POWAY - April 26, 1994 a member of the Authority and work to keep the system intact since there are too many unanswered questions with the other alternatives at this point. Councilmember Cafagna stated he believes the way to save the regional system is to make it competitive with other proposals. CITY ATTORNEY ITEMS 16. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), existing litigation, City of Poway on behalf of Community Facilities District 88-1 v. Parkway Business Centre Partners Ltd., et al, Superior Court No. 672341. MAYOR AND CITY COUNCIL-INITIATED ITEMS 20A. Councilmember Snesko, as a follow-up to the Sheriff's presentation at the April 14, 1994 workshop, made a motion that the City Council adopt a "zero tolerance" policy for child molestation and direct the City Attorney request maximum jail terms on all convictions. There was no second. City Manager Bowersox stated he had requested that Captain Marmack give staff information regarding the most efficient way to facilitate this input into the process and staff will present a written policy next month. Council concurred to wait for this policy. 2OB. Councilmember Snesko stated he has a memo from the San Diego County Fish & Wildlife Advisory Commission to the Board of Supervisors regarding their opposition to S.21, the California Desert Protection Act. The members of San Diego's congressional delegation have opposed this legislation and he wants the City of Poway to oppose it also. John Elliott, P.O. Box 368, Descanso, representing the San Diego Off-Road Coalition, spoke in opposition to S-21. Councilmember Emery pointed out that the City Council had taken action in February, 1990 to support S.ll which had been introduced by then-Senator Cranston as the Desert Protection Act and he still concurs with that action. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to take a position in opposition to S.21. Motion failed 2-3 with Mayor Higginson and Councilmembers Callery and Emery voting "no." 20C. Councilmember Snesko stated there is a need for an adult soccer league in Poway and requested staff contact the Poway High School to request that their football field be available for a league when it is formed. Council concurred that such a request could be made. 5203 Page 6 - CITY OF POWAY - April 26, 1994 RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:35 p.m. and called it back to order at 8:45 p.m. with all Councilmembers present. JOINT MEETING WITH THE LIBRARY ADVISORY COMMITTEE Joye Davisson, Cynthia Jahns, Kathy Shawl, Antonette Auburn, Jeff Beers and Duke Ayers were present from the Committee. Director of Community Services Thomas stated the Committee has met with Poway High School students regarding what functions a library should serve and is having a meeting on April 30, 1994 with community leaders to get their input. Joye Davisson, Acting Chair of the Committee, stated the Committee is fully aware of the budget available for the project and do not feel they are "re-inventing the wheel." There is a need to shave 3,000 square feet out of the plan since the Longs Drug Store was 23,000 square feet and the new building will be 20,000. Councilmember Emery stated this item was scheduled at his request because of concerns he had regarding the planning process, how much of the budget it could consume, and whether it would result in grandiose plans we couldn't live up to. He stated he was relieved by Mrs. Davisson's comments. Council and Committee discussed the vacancy on the Committee and the design of the site and the building. CLOSED SESSION Mayor Higginson called for a closed session at 9:20 P.M. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:45 p.m. with all Councilmembers present and then adjourned the meeting to May 10, 1994 noting that the regular meeting of May 3, 1994 had been cancelled. Marjor~e~K. Wahlsten, City Clerk City o~P~way 52O4 NO TICE NOTICE IS HEREBY GIVEN THAT THE APRIL 26, 1994, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: May 3, 1994 ORDER OF ADJOURNMENT Upon motion by Councilmember Snesko, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to TUESDAY, MAY 10, 1994, 7:00 P.M. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:45 p.m. Marjori~ ~. Wahlsten, City Clerk City ofk~dway, California CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 3:00 p.m. Dated at Poway, California, on May 3, 1994 Marjor~e ~ Wahlsten, City Clerk City of~_~ay, California