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