CC 1994 06-21 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 21, 1994
The June 21, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:04 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, Don Higginson
COUNCILHEMBERS ABSENT AT ROLL CALL
Tony Snesko
STAFF HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Warren Shafer
Javid Siminou
Bob Krans
Jim Marmack
Patrick Foley
Peter Moote
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Senior Civil Engineer
Fire Battalion Chief
Sheriff's Captain
Principal Management Analyst
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAHATION
Mayor Higginson proclaimed June 28, 1994 as "Lions Club SightFirst Day" and
presented the proclamation to Rudy Matz and Carl Grindle of the Evening Club and
Bill Simpson of the Morning Club.
PRESENTATION
Sheriff's Captain Marmack, assisted by Assistant Sheriff Bobbitt and Lt. Axell,
presented Certificates to the graduates in the senior volunteer patrol program:
Gale Acker, Eric Burtis, Joe Butler, Orrel Cecil, Jack Coburn, Riley Fleischman,
John Hall, Ernest Hernandez, James Incognito, Peggy Lester, Paul
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Markowitz, Richard McDowell, Robert Mead, Morris and Muriel Rinehart, Vonnie
Ruple, Timothy Sandy, Walter Schutz, Ralph Stewart and Bobby Suttle.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register - June 2, 1994
(401-10)
12.
Acceptance of Poway Sports Park from Kajima Engineering and Construction,
Inc., located on the northeast corner of Stowe Drive and McIvers Court.
(602-01 #174R)
13.
Receive and file report of administrative action taken on City Council and
Public Inquiry Items. (April 29 - June 7, 1994) (701-10)
14.
Receive and file status report on exclusive solid waste and recycling
franchise. (1170-07)
15.
Approval of the following positions on pending legislation: oppose AB
3116 which exempts school districts from a variety of charges related to
solid waste disposal; support AB 3797 which authorizes local law
enforcement personnel to detain any minor believed to be in violation of
local curfew laws; support AB 3701 which extends liability protection that
local agencies have for beaches to other unimproved public property;
oppose AB 2010 which prohibits Redevelopment Agency funds from being used
in relation to anything outside the project area boundaries; oppose AB
3835 which would eliminate the Habitat Conservation Fund, a funding source
for the San Dieguito River Park. (701-11)
Motion carried 4-0 with Councilmember Snesko absent.
ITEM 4 (701-04)
ORDINANCE NO. 434/SECOND READING
GRAFFITI IMPLEMENTS
Mayor Higginson 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." City Manager Bowersox stated this requires that graffiti
implements be behind a counter or locked away, adds etching to definition of
graffiti, and makes it illegal for a minor to possess graffiti implements.
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There was no one present wishing to speak.
Motion by Councilmember £allery, seconded by Councilmember Emery to close the
public hearing, waive further reading, and adopt Ordinance No. 434. Motion
carried unanimously.
ITEM 5 (205-02)
1994-95 FINANCIAL PLAN
City Manager Bowersox stated this is the second of three meetings to discuss the
proposed 1994-95 budget. He reviewed the Capital Improvement Budgets for the
City and the Agency. In response to Council query at the June 14, 1994 meeting,
he noted that the Hughes, Heiss study had cost $109,000 and resulted in direct
salary and benefit savings in 1993-94 of $491,460 and projected $612,290 in 1994-
95. Also, on June 20, the League of California Cities notified staff of a State
proposal to shift $100 million in vehicle license fee revenues from cities to
counties.
Mayor Higginson noted that he had suggested Poway look at becoming a charter city
in an attempt to save funds. Although the charter city proposal was successful
in San Marcos at the June 7, 1994 election he would recommend we wait a year to
see what success they have before looking at it again.
Councilmember Cafagna suggested that, in keeping with the Budget Review
Committee's recommendation, we do a financial feasibility study regarding the
operation of the new library concurrently with the design of the library. He
suggested we explore all alternatives including joining with the City of
Escondido for operation, operating ourself, or continuing with the County system.
He asked when the Poway Road Specific Plan would come forward for adoption.
Director of Planning Services Wright-Quastler stated it would be in the fall.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue this
public hearing to June 28, 1994 for budget adoption and direct staff to prepare
a financing feasibility study for operation of the library. Motion carried 4-0
with Councilmember Snesko absent.
ITEM 6 (203-01)
TENTATIVE TRACT MAP 94-02
APPLICANT: DOUGLAS KEYES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide 9.22 acres into 64 single-family lots
at the northeast corner of Pomerado Road and Metate Lane. Lot sizes range from
4,500 square feet to 11,200 square feet. Fifteen of the lots are the minimum
size. The project also contains a 10,000 square foot pocket park and will have
sound attenuation walls on Pomerado and Metate. Staff recommends approval.
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Speaking in opposition to staff recommendation:
Ron Stampfl, 12734 Pomerado Road, stated this project is too dense to be
"The City in the Country."
Speaking in favor of staff recommendation:
Doug Keyes, 6910 Miramar Road, San Diego. He requested three
clarifications in the Resolution of Approval.
Councilmember Emery stated that the property development standards for the RS-7
zone were changed to allow lots for low and moderate income housing, not to
achieve a maximum density for the developer. He stated he could not make the
finding that this site is physically suitable for this density.
Mayor Higginson stated he thought this would be a project for moderate income and
asked City Attorney Eckis to confirm that the City Council can limit the size of
the homes that go on these lots. City Attorney Eckis stated this can be done as
part of the Development Review process.
Councilmember Callery pointed out that this property used to be RR-C and the only
reason the Council approved the rezone was because the State requires low income
housing.
Motion by Mayor Higginson to close the public hearing and adopt Planning
Resolution with a requirement to double the size of the pocket park. Motion
seconded by Councilmember Cafagna and failed on a 2-2 vote with Councilmembers
Callery and Emery voting "no."
City Attorney Eckis requested a recess in order to check the Municipal Code.
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 except Councilmember Snesko who was
absent.
City Attorney Eckis stated that in accordance with Poway Municipal Code
§2.18.100(c) any item not receiving a majority, or three votes, shall be carried
over to the next meeting. It has been determined that July 12 is the first
meeting where all five Councilmembers will be present and during the recess Mr.
Keyes agreed to sign a waiver of time to that date.
Motion byCouncilmember Emery, seconded by Councilmember Callery to continue this
public hearing to July 12, 1994. Motion carried 4-0 with Councilmember Snesko
absent.
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ITEM 7 (203-08)
CONDITIONAL USE PERMIT 94-05
APPLICANT: FORD FINISHES OF CALIFORNIA
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to locate a paint warehouse within an existing
industrial building at 12185 Dearborn Place in the Tech Business Center in South
Poway. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-26, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 94-05, Assessor's Parcel Numbers 317-271-58." Motion carried 4-0 with
Councilmember Snesko absent.
ITEM 8 (203-24)
MINOR CONDITIONAL USE PERMIT 94-02
APPLICANT: FRANK P. HARRISON
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to establish a commercial family billiards center
at 12222 Poway Road, in the Pomerado Plaza Shopping Center.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-27, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 94-02, Assessor's Parcel Number 317-153-24." Motion carried 4-0 with
Councilmember Snesko absent.
ITEM 9 (701-04)
ORDINANCE NO. 435/FIRST READING
SPEED LIMIT ON COMMUNITY ROAD
Mayor Higginson opened the public hearing and read the title of Ordinance No.
435, "An Ordinance of the City of Poway, California, Adding to Section 10.32.020
of the Poway Municipal Code Establishing Speed Limits on Community Road from
Kirkham Road to 500 Feet north of Hilleary Place." Staff report by City Manager
Bowersox. Widening and development along Community Road has caused significant
increases in traffic volumes and speeds. The Traffic Safety Committee reviewed
an updated engineering and traffic survey in order to update the posted speed
limits and recommends a 45 mph speed limit between Kirkham Road and 500 feet
south of Civic Center Drive and 35 mph from that point to 500 feet north of
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Hilleary Place.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Calleryto waive further
reading and set second reading of Ordinance No. 435 for July 5, 1994. Motion
carried 4-0 with Councilmember Snesko absent.
ITEM 10 (202-01)
1993-94 GOALS AND OBJECTIVES
City Manager Bowersox requested this item be continued to July 12, 1994 when all
Councilmembers will be present. Council concurred.
CITY ATTORNEY ITEMS
City Attorney Eckis stated it is not necessary to hold a closed session on the
items he had scheduled for this meeting.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Councilmember Callery stated she had received a call from the Executive
Director of the Poway Valley Senior Citizens expressing concern that the
City rents facilities in their building to outside groups and the flyers
distributed by those groups can give the impression that they are endorsed
by the PVSC. Council concurred that staff should adopt a policy of
requiring a disclaimer on all meeting notices of groups renting City
facilities.
20. Council concurred with Councilmember Emery's request that staff set
swimming pool fees for disabled persons the same as for seniors and youth.
22.
Mayor Higginson requested the Traffic Safety Committee determine if there
is a problem on Lake Poway Road immediately east of Espola Road. Some
residents in the area had complained about excessive speed of vehicles
coming down the hill and leaving the roadway.
ADJOURNMENT
Upon motion by Councilmember Callery, seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, June 23, 1994 in
the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time
of adjournment was 9:00 p.m.
ahlsten, City Clerk
, California
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NO T/CE
NOTICE IS HEREBY GIVEN THAT THE JUNE 21, 1994, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWA¥, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated: June 22, 1994
ORDER OF ADJOURNMENT
Upon motion by Councilmember Callery,
seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, June 23, 1994
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 9:00 p.m.
Marjorie~. Wahlsten, City Clerk
City of POway, 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
10:00 a.m.
Dated at Poway, California, on June 22, 1994
Marjori6K. Wahlsten, City Clerk
City of,,Poway, California