CC 1994 06-07 CITY OF POgAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
JUNE 7, 1994
The June 7, 1994, 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, 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
Warren Shafer
Jim Marmack
Jim Bentz
Patrick Foley
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 Redevelopment Services
Sheriff's Captain
Community Services Manager
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
CERTIFICATE OF RECOGNITION
Mayor Higginson presented a Certificate of Recognition for the San Diego County
Water Authority's 50th Anniversary to Linda Brannon, City's Director on SDCWA
Board of Directors.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Samuel Rodman, 14215 York Avenue, distributed a copy of a staff report
from September 25, 1990 regarding improvement of York Avenue and asked
when the work will be done. Staff will report back.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
May 10, 1994, Regular Meeting
12. Ratification of Warrant Registers - May 12, 19, 1994
(401-10)
13. Approval of $61,929 for library budget for fiscal year 1994-95. (701-09)
14.
Acceptance of public improvements and release of securities for Sycamore
Springs (AKA Woodcrest), Tentative Tract Map 88-03, Centex Homes,
applicant; located north of Poway Road west of Pomerado Road.
(602-01 #741)
15. Acceptance of Community Park East Ballfield from Heffler Company, Inc.
(5625) (602-01 #205R)
16. Acceptance of City Hall Remodeling from Buck Electric. (5523)
(602-01 #210R)
17.
Adoption of Resolution No. 94-057 entitled, "A Resolution of the City
Council of the City Council of the City of Poway, California, Designating
Voting Delegate and Alternates to the Southern California Joint Powers
Insurance Authority (SCJPIA) and Rescinding Resolution 93-006."(1503-21)
18.
Approval of a one-year extension of an agreement with Bob Wilson for
lobbying services on behalf of the City of Poway. (602-01 #983)
19.
Receive and file closed session report pursuant to Government Code
§54957.1, Brookview property purchase by the Redevelopment Agency.
(1002-01R)
20. Denial of claim for damages: Shawn and Gina Orr
(704-13)
21.
Approval of the following positions on pending legislation: support AB
517 which provides a mediation alternative for resolution of land use
disputes; oppose AB 2876 which preempts local control of alarm systems;
support AB 3493 which reinstates the ability of a public agency to
consider the financial background of a surety company on public projects;
support AB 2595 which would require the parent or guardian to participate
in the community service sentence of a juvenile convicted of graffiti
crimes; support AB 3774 which authorizes a lead agency to utilize an
Environmental Impact Statement as the EIR for a federal military base
reuse plan; oppose SB 1601 which would place any municipal utility lien on
real property behind all other recorded liens; and support AB 3323 which
would allow a legislative body to establish a fee for repeated field
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visits to the site of alleged violations of zoning regulations in order to
ensure compliance.
Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 434/GRAFFITI
Mayor Higginson opened the public hearing and read the title of Ordinance No.
434, "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the
Poway Municipal Code Relating to Graffiti." Staff report by City Manager
Bowersox. This amends the definition of graffiti to include etching; prohibits
possession of graffiti implements and requires implements to be behind a counter
or in locked storage.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading and continue the public hearing to June 21, 1994 for second reading.
Motion carried unanimously.
ITEM 6 (1206-01)
ADULT CABLE PROGRAMMING FRANCHISE FEE
Staff report by City Manager Bowersox. At the May 10, 1994 City Council meeting,
staff was directed to determine what amount of the City's franchise fees come
from adult cable programming services provided by Cox Cable and Southwestern
Cable, and how nonprofit service organizations would spend the funds in Poway.
Staff estimates $3,144 of the $250,000 franchise fees can be attributed to adult
programming. Representatives from the EYE Crisis Counseling Center and For
Parents' and Kids' Sake are present to discuss their programs.
Barbara Boody, 14734 Budwin Lane, representing the EYE Counseling Center in
Escondido stated they respond to reports of sexual assault in Poway and assist
the victim at the hospital and provide follow-up support services. They also
provide other crisis response with the Sheriff and Fire Departments.
Patty Seneski, nurse with the sexual assault response team at Pomerado Hospital,
stated the EYE provides an advocate for the victim.
Neville Bothwell, President of For Parents' and Kids' sake, stated they have a
weekly program for victims of spousal abuse.
Motion by Councilmember Snesko, seconded by Councilmember Emery to divide any
franchise fees attributed to adult cable programming services between the EYE and
For Parents' and Kids' Sake. Motion carried unanimously.
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ITEM 7 (1401-01)
SWIM TEAM PRIORITY CRITERIA
Staff report by Director of Community Services Thomas. At the May 10, 1994 City
Council meeting, staff was directed to report on the criteria used for swim team
priority at the Community Swim Center for the allocation of pool time and lanes.
Our pool is in great demand with swim teams since it is one of the few 50 meter
pools in the county. The priority policy adopted by the City Council in June,
1990, provides that those teams designated as resident would receive priority.
As defined in the Council-adopted Classification of Applicants and Fees, a
resident group is an organization with a membership of at least 50 percent Poway
residents. To qualify as a nonprofit user, the organization must be registered
with the State of California or have by-laws that clearly state the objectives
of the organization are of a nonprofit nature. This criteria applies to the use
of all City facilities.
Speakers on this item included:
Pamela Keyser, 13710 Putney Road, Pacific Swim Team
E1 Walton, 15648 Boulder Ridge Lane, Blue Fins
John Gonnerman, 16885 St. Andrews Drive
James Perry, 13867 Lake Poway Road, Blue Fins
Anne Caswell, 15845 Cumberland Drive, United Poway Swim
Dianne Cabrera, 15111 Larry Street, Rancho Bernardo Swim/Blue Fins
Rhonda Corn, 12638 Tustin, United Poway Swim
Jeff Ukrainetz, coach for Rancho Bernardo High swim team
Speakers suggested the rules for non-profit status be strengthened; a maximum of
three lanes per team; 6 swimmers per lane; swimmers from different teams sharing
lanes; and different ways of determining resident status.
Council discussion included availability of the long course on Saturday and
Sundays between 5:15 and 9:45 a.m.; need to give staff the authority to make
decisions on site; desire to maximize general public use; suitability of current
non-profit criteria; desire to work with Poway High School to coordinate and
maximize Poway High School's pool; and need to determine where the school swim
teams fit in.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to not change
the resident criteria and priority; request staff get a copy of Poway High
School's pool schedule; confirmed staff's authority to make decisions on site.
Motion carried unanimously.
(Councilmember Snesko left the room.)
ITEM 8 (203-11)
COASTAL SAGE SCRUB REMOVAL POLICY
Staff report by City Manager Bowersox.
In October, 1993, the City Council
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adopted a resolution establishing a policy concerning removal of coastal sage
scrub pursuant to the U.S. Fish & Wildlife Service's special rule defining the
conditions under which "taking" of the California gnatcatcher would not be
considered a violation of the Endangered Species Act. The California Department
of Fish & Game published "Southern California Coastal Sage Scrub Conservation
Guidelines" which are somewhat different and staff recommends amendment of our
policy.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 94-058, entitled, "A Resolution of the City Council of the City
of Poway, California Establishing a Policy Concerning Removal of Coastal Sage
Scrub and Rescinding Resolution 93-149." Motion carried 4-0 with Councilmember
Snesko out of the room.
ITEM 9 (209-01)
SOUTH POWAY BUSINESS PARK MARKET ANALYSIS
Item introduced by City Manager Bowersox. On March, 1994, the City Council
approving a contract with Kosmont &Associates, Inc. to conduct a market analysis
and absorption study of the industrial property within the South Poway Business
Park to determine, among other things, whether the City Council should consider
allowing alternate land uses.
Jim Rabe and Ann Kinner of Kosmont & Associates presented their report with
recommendations on how to market the Park, and projections for absorptions. Many
of these recommendations have been implemented since the hiring of Ross Spalding
as Economic Development Manager on a two year assignment.
Jim Seifert, 16344 Martincoit Road, commercial broker, stated the City needs to
send a clear message to the marketplace regarding the ownership status of Parkway
Business Centre.
Neville Bothwell, 3575 Kenyon Street, San Diego, South Poway developer, suggested
authorizing additional staff-level approvals, particularly development reviews,
would save project processing time.
Council concurred to receive and file this report. Staff was directed to meet
with the developers to analyze the process to see where time could be saved and
to look at the Agency loaning money to the City for development fees which would
be paid by the developer at the time of sale or lease and then repaid to the
Agency.
ITEM 9.1 (1401-01)
SKATEBOARD PARK LOCATION
Councilmember Snesko requested this item be removed from the calendar. He will
bring it back at a later date. Motion by Councilmember Snesko, seconded by
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Councilmember Emery to remove the discussion of a skateboard park location from
calendar. Motion carried unanimously.
ITEM 9.2 (1503-17)
SAN DIEGO WASTEWATER MANAGEMENT DISTRICT
Staff report by City Manager Bowersox. On June 6, 1994, the San Diego City
Council took action to support the SanDistrict General Manager's recommendation
regarding repayment of front-funded non-contract costs to allow repayment through
eight quarterly payments. The first four payments go directly to the City of San
Diego, the last four are paid into a trust fund. If the transfer to the
SanDistrict is not completed by July 1, 1996, the member agencies will be
eligible to be refunded the four payments and return to the original sewage
disposal agreements. Staff currently believes the least cost to the sewer rate
payer will be under SanDistrict and is recommending Council take certain actions
to indicate their support of the SanDistrict.
Motion by Mayor Higginson, seconded by Councilmember Emery to indicate to the
City of San Diego Poway's intention to remain a member of the SanDistrict;
support SanDistrict's version of the Memorandum of Understanding and accept the
separation of the MOU from the District Master Interagency Agreement and
recognize that the DMIA will be completed by December 31, 1994; and support the
City of San Diego's version of the modified weighted vote system, requiring San
Diego and two members to successfully pass a weighted vote motion. Motion
carried unanimously.
ITEM 9.3 (1503-36)
SOLID WASTE MANAGEMENT AUTHORITY
Staff report by City Manager Bowersox. It is necessary to appoint a
representative and alternate to the San Diego Solid Waste Management Authority
Governing Commission. Motion by Councilmember Emery, seconded by Councilmember
Callery to appoint.Councilmember Cafagna as the City's representative and Mayor
Higginson as the alternate. Motion carried unanimously.
ITEM 9.4 (1503-02)
SANDAG HOUSING ADVISORY COMMITTEE
Staff report by City Manager Bowersox. SANDAG is requesting representation from
the City to a Housing Advisory Committee. Motion by Councilmember Emery,
seconded by Councilmember Cafagna to appoint Councilmember Callery as the
representative and MayorHigginson as the alternate. Motion carried unanimously.
CITY ATTORNEY ITEMS
23. City Attorney Eckis requested a closed session to discuss existing
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litigation in three cases, pursuant to Government Code §54956.9(a): City
of Poway on behalf of CFD 88-1 v. Parkway Business Centre Partners Ltd.,
et al.; Sycamore Canyon Association v. City of Poway; San Diego Gas &
Electric Company v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26A.
Councilmember Emery stated we have received a request from Poway High
School for a Community Contribution donation for the Emerald Brigade
marching band trip to the 1995 Pasadena Tournament of Roses Parade.
Motion by Mayor Higginson, seconded by Councilmember Emery to approve a
$2,500 Community Contribution donation, as requested. Motion carried
unanimously.
26B.
Councilmember Emery stated he has received the clarification from the City
Attorney regarding smoking ordinance provisions' application to certain
meetings. City Attorney Eckis stated he has written a letter to the Alano
Clubs stating that if their meetings are open to the public, the smoking
ordinance applies.
26C.
Councilmember Emery stated he has attended two performances at the Center
for the Performing Arts recently and each time the wheelchair access from
the street was blocked by a parked vehicle. He also asked if it was
possible to have a turn-out on the south side of Titan Way.
27.
Councilmember Snesko requested the Traffic Safety Committee study the
right turn only out of the Post Office parking lot to see if it is still
warranted.
28.
Mayor Higginson requested and received concurrence to hold a pre-
development conference with Zip Lucidi for a golf practice facility at
Highway 67 and Poway Road on June 23, 1994.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 9:30 p.m. as
requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:50 p.m. with all
Councilmembers present. The meeting was adjourned on motion by Councilmember
Emery, seconded by Councilmember Callery.
sten, City Clerk
City off, way
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