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CC 1994 06-28 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 28, 1994 The June 28, 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 Susan Callery, Bob Emery, Tony Snesko COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna, 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 Steve Streeter 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 Principal Planner Management Analyst PLEDGE OF ALLEGIANCE Councilmember Callery led the Pledge of Allegiance. EMPLOYEE SERVICE AWARDS Deputy Mayor Emery and City Manager Bowersox presented fifteen year service awards to Charlotte Collins, Data Processing Coordinator; and Robert Willcox, Landscape Maintenance Supervisor. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Emery explained the procedure for Public Oral Communications. The following person was present wishing to speak: Betty Rexford, 11570 Creek Road, stated she feels something needs to be 5247 Page 2 - CITY OF POWAY - June 28, 1994 done at the intersection of Pomerado Road and Scripps Poway Parkway to make it safer. Deputy Mayor Emery stated he had asked this to be referred to the Traffic Safety Committee on June 14, 1994. CONSENT CALENDAR Deputy Mayor Emery stated Item 21 has been pulled by the public. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council May 17, 1994, Regular Meeting 13. Ratification of Warrant Register - June 9, 1994. (4oi-1o) 14. Denial of claim for damages: Stratford Associates. (704-13) 15. Approval of City's Investment Report: May 31, 1994. (408-01) 16. Adoption of Resolution No. 94-065, entitled, "A Resolution of the City Council of the City of Poway, California, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 8, 1994, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities," and Resolution No. 94-066, entitled, "A Resolution of the City Council of the City of Poway, California, Requesting the Board of Supervisors of San Diego County to Consolidate a General Municipal Election to be held on November 8, 1994 With the Statewide General Election to be held on that date pursuant to Section 23302 of the Elections Code." 17. Continued approval of parcel map for Old Coach Estates, Tentative Parcel Map 92-04, Environmental Development, Ltd., applicant, located on Old Coach Road, to July 12, 1994. (203-02) 18. Approval of the release and cancellation of Development Agreement and Declaration of Temporary Covenants for Lots 34 and 35 of Tentative Tract Map 85-04, Unit No. 1; located in the Pomerado Business Park. LBC Poway, Inc., applicant. (602-01 #400, #582) 19. Approval of Resolution No. 94-067, entitled, "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 1995," of $75,485,265. (401-23) 20. Receive and file follow-up report regarding Minor Conditional Use Permit 93-04, Lea Burrell applicant, keeping exotic birds at 14121Melodie Lane (referred from May 17, 1994, Item 13). (203-24) 21.1 Adoption of Resolution No. P-94-28, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 5248 Page 3 - CITY OF POWAY - June 28, 1994 94-51," City of Poway applicant, for an Old-Fashioned Poway Fourth of July at Old Poway Park on July 2 through 4, 1994, along with notice of the fireworks event at the Poway High School stadium. (203-07) Motion carried 3-0 with Councilmember Cafagna and Mayor Higginson absent. ITEM 4 (1206-02) COX CABLE TELEVISION'S RATES Deputy Mayor Emery stated this public hearing was continued from May 24, 1994. The City Council is considering the appropriateness of the rates and charges for the basic service tier and associated equipment as found in the FCC 393 Forms filed by Cox Cable. Staff is recommending the basic cable rate to be $8.27 per month, a reduction of $.07, effective July 25, 1994. The additional time will give Cox time to obtain clarification from the FCC regarding converter rental revenue. Jay Smith, the City's consultant, explained the issues under dispute. Speaking in favor of staff's recommendation: Sandra Murphy, Cox Cable. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 94-068, entitled, "A Resolution 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) Disapproving the Existing and/or Proposed Rates and Charges by Cox Cable San Diego, Inc., for the Basic Service Tier and Associated Equipment, Ordering a Rate Reduction, Prescribing Rates and Charges for the Basic Service Tier and Associated Equipment, and Ordering a Refund to Subscribers," order refunds, including appropriate interest charges for all overcharges retroactive to September 1, 1993. Motion carried 3-0 with Councilmember Cafagna and Mayor Higginson absent. ITEM 5 (1206-05) SOUTHWESTERN CABLE TELEVISION RATES Deputy Mayor Emery stated this public hearing was continued from May 24, 1994. The City Council is considering the appropriateness of the rates and charges for the basic service tier and associated equipment as found in the FCC 393 Forms filed by Southwestern Cable. Staff is recommending the basic cable rate to be $10.91 per month, a reduction of $.15. Speaking in opposition to staff's recommendation: Dan Ballister, Southwestern Cable Motion by Councilmember Snesko, seconded by Councilmember Callery to close the 5249 Page 4 - CITY OF POWAY - June 28, 1994 public hearing and adopt Resolution No. 94-069, entitled, "A Resolution 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) Disapproving the Existing and/or Proposed Rates and Charges by Southwestern Cable TV for the Basic Service Tier and Associated Equipment, Ordering a Rate Reduction, Prescribing Rates and Charges for the Basic Service Tier and Associated Equipment, and Ordering a Refund to Subscribers," ordering a refund, including appropriate interest charges for all overcharges retroactive to September 1, 1993; and authorize staff to petition the FCC for a ruling on whether the Plus Package channels should be treated as regulated or unregulated service. Motion carried 3-0 with Councilmember Cafagna and Mayor Higginson absent. ITEM 6 (205-02) 1994-95 BUDGET Deputy Mayor Emery stated this is the last of three public hearings to consider the 1994-95 financial plan. City Manager Bowersox stated we have received notice from the County of San Diego that contract law enforcement costs will be less than expected, and we have good reason to believe the State's budget adoption will not take revenue from our vehicle license fees. Both of these factors will be of help to our budget process and staff projects a $87,500 surplus. Speaking in opposition to staff recommendation: Larry Cruse, 13734 Utopia, representing the Southwest Poway Homeowners Association, stated opposition to expending $5 million for a junior college unless it is within our city boundaries. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 94-070, entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution 94-032 and Approving and Adopting the Annual Budget for the Fiscal Year 1994-1995 and Appropriating the Funds Necessary to Meet the Expenditure set Forth Therein"; Resolution No. 94-071, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Scripps Poway Parkway - East End Project (#5261) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94-072, entitled, "A Resolution of the City of Poway, California Determining that the Stowe Drive Extension Project (#5281) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94-073, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Senior Center Remodel Project (#5524) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94-074, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Performing Arts Center Equipment Project (#5527) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94-075, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Reconstruction/Twin Peaks Gym Floor Project (#5528) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94- 525O Page 5 - CITY OF POWAY - June 28, 1994 076, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Emergency Operations - Auxiliary Generator/Building Project (#5529) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94- 077, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Arbolitos Mini-Park Project (#1679) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 94-078, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Adobe Ridge Mini-Park Project (#5627) is of Benefit to the Paguay Redevelopment Project." Motion carried 3-0 with Councilmember Cafagna and Mayor Higginson absent. ITEM 7 (203-08) CONDITIONAL USE PERMIT 94-02 APPLICANT: M.L. GIBBS Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of an existing accessory apartment of 576 square feet within an existing storage building located at 15360 Espola Road. The applicant has requested a continuance to July 12, 1994 when all Councilmembers will be present. Members of the public wishing to testify at this meeting may do so. Speaking in favor of the project: Laura Martin, 15318 Espola Road Speaking in opposition of the project: Evelyn Silk, 13854 Northcrest Motion by Councilmember Callery, seconded by Councilmember Snesko to continue consideration of Conditional Use Permit 94-02 to July 12, 1994. Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. ITEM 8 (203-08) CONDITIONAL USE PERMIT 94-03 MINOR DEVELOPMENT REVIEW 94-18 OWNER: BENJAMIN LIN Deputy Mayor Emery opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct an attached 1,065 square foot accessory apartment with a single car garage, and a lighted tennis court at 15902 E1Camino Entrada. She noted the tennis court is allowed by right, however the lighting requires a conditional use permit. The accessory apartment requires the minor development review. Staff recommends approval. 5251 Page 6 - CITY OF POWAY - June 28, 1994 Speaking in opposition to staff recommendation: Ken Faucher, 13810 Northcrest, opposed to accessory apartment Lynette Perkes, 15832 Lime Grove Road, opposed to lights Jim Seifert, 16344 Martincoit Road, opposed to accessory apartment Alan Johnston, 13591 Summit Circle, opposed to lights Lyle Arnold, 15638 Boulder Mountain Road, opposed to lights Alfred Liguori, 15929 Overview Road, opposed to lights Gary Belfry, 15921 Overview, opposed to lights Speaking in favor of staff recommendation: Bill Yen, 7815 Silverton Avenue, San Diego, applicant's engineer Following Council discussion, it was evident that the application would not receive a 3-0 vote which is necessary for approval when only three Councilmembers are present according to the Poway Municipal Code Section 2.18.100(c). Motion by Councilmember Snesko, seconded by Councilmember Callery to continue consideration of Conditional Use Permit 94-03 to July 12, 1994 when a full Council will be present. Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. ITEM 9 (203-08) CONDITIONAL USE PERMIT 94-04 APPLICANT: STEVE, DONNA & MAXINE DIX Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate a figure skating and hockey training facility at 12330 Stowe Drive in the South Poway Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-29, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 94-04, Assessor's Parcel Number 317-222-11." Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. ITEM 10 (1204-05) WATER AND SEWER RATES Deputy Mayor Emery opened the public hearing. City Manager Bowersox requested that the item be continued to July 12, 1994 in order to complete the analysis of information received from the San Diego County Authority and San Diego Metro Sewer System regarding their rate increases. 5252 Page 7 - CITY OF POWAY - June 28, 1994 There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to continue consideration of water and sewer rates to July 12, 1994. Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. ITEM 21 (602-01, #1022) OLD POWAY PARK TRAIN OPERATING SCHEDULE Deputy Mayor Emery stated this item was pulled from the Consent Calendar by the public and would be heard out of order. Staff report by City Manager Bowersox. On May 17, 1994, the City Council approved the Facilities Use Agreement with the Poway-Midland Railroad Volunteers. The City Council directed that the operating schedule for the rolling stock be approved by the Council in advance. In addition to weekends and holidays, there are currently five dates proposed for June, July and August during the week. Special trips must be scheduled 30 days in advance and the schedule will be made available to the neighbors. Staff recommends approval of the proposed schedule. Speaking in opposition to staff recommendation: Jill Nasman-Moore, 14126 Sycamore Avenue William Holgren, 14152 Sycamore Avenue The speakers referred to the disruption of their lives by the noise of the train operation. Speaking in favor of staff recommendation: Roger Mohling, 13911 York Avenue Mary Cross, 13514 Mora Circle Steve Oualline, 10214 Black Mountain Road, San Diego Council concurred they want to make maximum use of the park, but the neighbors deserve a fixed schedule. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the operating schedule as presented with the addition of an ending time to each event and a thirty day notice of any change in the schedule. Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. Councilmember Callery stated she will meet with the neighbors if they would like to meet with her. ITEM 10.1 (1503-17) SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT Staff report by Director of Engineering Services Weston. On June 24, 1994 the SanDistrict Board met to discuss the approval of the Consensus Memorandum of Understanding which formalized several key issues regarding formation of the 5253 Page 8 - CITY OF POWAY - June 28, 1994 District including repayment of non-contract funded costs beginning July 1, 1994 and spread over eight quarterly payments, with an escrow provision if the transfer does not occur by July 1, 1995. Three caveats were added, as follows: 1) any agency signing the MOU can withdraw approval pending the outcome of the weighted vote decision by the City of San Diego; 2) the MOU will terminate if the City of San Diego withdraws from the SanDistrict prior to the transfer; and 3) the financial audit of any Metro System financing will be subject to the terms and conditions of existing sewage disposal agreements for arbitration. Staff recommends we execute the Consensus MOU with the three caveats; support the current weighted vote structure and adopt a 30-day time extension to July 31, 1994 for agencies to decide whether to approve the MOU. Council discussed the proposed revised weighted vote plan and concurred they prefer that plan to the one which is in Section 315 and 316 of the SanDistrict Act. Motion by Councilmember Snesko, seconded by Councilmember Emery to approve staff recommendation but notify the City of San Diego that we prefer the revised weighted vote. Motion carried 3-0 with MayorHigginson and Councilmember Cafagna absent. ITEM 10.2 (602-01, #1023) SAN DIEGO SOLID WASTE AUTHORITY Staff report by City Manager Bowersox. On June 1, 1994, the City of Poway joined with Del Mar, Encinitas, Lemon Grove, National City, Solana Beach, Vista and the CoUnty of San Diego to form the San Diego Solid Waste Management Authority. One pr~vision was that each member had the right to withdraw during the first 30 days fr~m formation. The Authority is recommending this be amended to 60 days. Mo~ion by Councilmember Callery, seconded by Councilmember Snesko to approve the Fiyst Amended Joint Powers Agreement which gives 60 days to withdraw. Motion carried 3-0 with Mayor Higginson and Councilmember Cafagna absent. CItY ATTORNEY ITEHS City Attorney Eckis requested a closed session pursuant to Government Code §q4956.9(a), conference with legal counsel on existing litigation, San Diego Gas &~lectric Company v. City of Poway, et al., Superior Court No. 672505. MA~OR AND CITY COUNCIL-INITIATED ITEMS 26~. Deputy Mayor Emery requested and received concurrence to hold a pre- ] development conference for Poway Junction, a country-western theme community in the Parkway Business Centre. Council requested it be scheduled at a time when all five Councilmembers will be present. (203-18) 26B. Deputy Mayor Emery announced Alison Farrin is being appointed to the Library Advisory Committee. (701-09) 5254 Page g - CITY OF POWAY - June 28, lg94 26C. Deputy Mayor Emery stated SANDAG will be requesting time to make a presentation on a Regional Economic Prosperity Study. 26D. Deputy Mayor Emery requested and received concurrence to look at what the East County Economic Development Council has to offer. 27A. Councilmember Snesko requested his item regarding the Spice Channel on Southwestern Cable be continued to July 5, 1994 in order to give him time to get some more information. CLOSED SESSION Deputy Mayor Emery adjourned the meeting into closed session at 9:30 p.m. CALL TO ORDER AND ADJOURNNENT Deputy Mayor Emery called the meeting back to order at 9:45 p.m. and adjourned on the motion of Councilmember Callery, seconded by Councilmember Snesko. Marjo)~ie~K. Wahlsten, City Clerk City ~.~oway 5255