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
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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
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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
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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-
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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.
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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.
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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
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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)
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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