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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 5239 Page 2 - CITY OF POWAY - June 21, 1994 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. 5240 Page 3 - CITY OF POWAY - June 21, 1994 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. 5241 Page 4 - CITY OF POWAY'- June 21, ]994 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. 5242 Page 5 - CITY OF POWAY - June 21, 1994 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 5243 Page 6 - CITY OF POWAY - June 21, 1994 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 5244 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