CC 1994 08-23 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 23, Zg94
The August 23, 1994, 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
Mickey Cafagna, Susan Callery, Tony Snesko, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
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
Director of Safety Services
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson announced that he was pulling Item 16 from the Consent Calendar.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
o
Approval of Minutes - City Council
August 2, 1994, Regular Meeting
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11. Ratification of Register of Audited Demands - July 1 - 31, 1994 (401-10)
12.
Adoption of Resolution No. P-94-44, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
94-53," Ranchos Cycling Club/Alan Tragarz applicant, for a bicycle race to
be held in the South Poway Business Park on September 11, 1994. (203-07)
13.
Adoption of Resolution No. 94-092, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Expansion of Poway Landscape
Maintenance Assessment District No. 86-3 with the Annexation of APN 317-
820-02 Through 09 by Written Consent of Property Owners," Tentative Tract
Map 90-05, Creekside Plaza, Poway Creekside Partners, owner. (705-12)
15.
Award of bid for Community Road Widening Improvements from Poway Road to
Civic Center Drive to ABC Construction Company, Inc., in the amount of
$219,625. (5277A) (602-01, #218R)
16.1 Award of bid for the City reroofing Project to Stricker Roofing in the
amount of $241,009 (1519). (602-01 #1028)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (203-14)
1994-95 TAX RATES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City has two existing general obligation bond issues for the Sewer
Improvement District and PowayMunicipal Water District. In order to collect the
amount necessary to pay the principal and interest on these bonds, the Council
is required to annually set a property tax rate. They propose a rate of $0.00251
for the Sewer Improvement District and $0.05995 for the Poway Municipal Water
District.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 94-093, entitled, "A Resolution of the
City Council of the City of Poway, California, Estimating the Amount Necessary
to be Raised for Taxation for the Fiscal Year 1994-1995 for Improvement Districts
of the City Formerly Known as Poway Municipal Water District and Pomerado County
Water District." Motion carried 4-0 with Councilmember Emery absent.
ITEM 5 (203-14)
DEVELOPMENT REVIEW 94-05
APPLICANT: JOHN BAKER, BOSTON PACIFIC
Staff report by City Manager Bowersox.
This is a request to construct a 3,000
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square foot restaurant on Lot 3 of Creekside Plaza at 13265 Poway Road. This is
one of three freestanding pads which will be built to suit. Councilmember Snesko
questioned the parking situation in the center stating there is not enough
parking in the evenings and on week-ends. Director of Planning Services Wright-
Quastler stated that this project will provide an additional 23 on-site parking
spaces.
Mayor Higginson suggested signs could be put up to direct movie patrons to the
City Hall parking lot for additional parking evenings and week-ends.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing, find that the previously certified EIR adequately addresses the
anticipated adverse environmental impacts of this project, and adopt Planning
Resolution P-94-45, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Development Review 94-05, Assessor's Parcel Number
317-820-03." Motion carried 4-0 with Councilmember Emery absent.
ITEM 6 (1301-01)
DRUG HOT LINE AND REWARD SYSTEM
City Manager Bowersox requested this item be removed from calendar. Councilmember
Snesko stated he is meeting with Superintendent Reeves in the near future and
then it will be rescheduled. Council concurred to remove it from calendar.
ITEM 7 (1401-11)
TRAIN CROSSINGS IN OLD POWAY PARK
Staff report by City Manager Bowersox. At Council request, the Traffic Safety
Committee has reviewed train operations at Old Poway Park and has made
recommendations for improving vehicle and pedestrian safety. To complete all
remaining unfinished Park facilities and install safety improvements additional
funds will need to be appropriated from other projects.
Speaking in favor of staff recommendation:
Steve Oualline, 10214 Black Mountain Road, San Diego, Poway-Midland
Railroad Volunteers
Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the
eight safety recommendations including installation of railroad crossing gates,
and appropriate $75,400 from project #5477 and $18,000 from project #5252, and
authorize staff to proceed with direct purchase of the railroad gates. Motion
carried 4-0 with Councilmember Emery absent.
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ITEM 8 (706-02)
COMMUNITY FACILITIES DISTRICT 88-1
REIMBURSEMENT TO CERTAIN OWNERS
Staff report by City Manager Bowersox. On August 9, 1994, City Council approved
the levy of the maximum assessment on all property owners in Community Facilities
District 88-1 in order to pay debt service and replenish the reserve fund. The
Council questioned why the owners who had been paying their assessments on time
should be penalized for those in default and asked staff to look at a method of
reimbursement. Staff recommends the establishment of an escrow fund for
reimbursing those property owners who kept their property taxes current and fund
it upon settlement with the delinquent property owners.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve
staff recommendation. Motion carried 4-0 with Councilmember Emery absent.
ITEM 8.1 (102-05)
TELECOMMUNICATIONS POLICY
Staff report by City Manager Bowersox. Pacific Bell plans to invest $16 billion
to replace its existing network with fiber optic cable and the City has been
selected to be one of the 24 test sites for this project. To ensure that the new
technologies serve the public, staff recommends the City Council adopt the League
of California Cities' Telecommunications Policy and authorize the City Manger to
lobby the various bills at the state and federal level consistent with the
policy. The policy addresses universal access; even application of regulations
to all providers; local authority over matters of local impact; compensation for
use of public rights-of-way; adequate spectrum capacity for public safety and
other public use; FCC certification of local franchising authority; and
protection of privacy for consumers.
Motion by Councilmember Snesko, seconded by Councilmember Callery to adopt the
League of California Cities' Telecommunications Policy and authorize the City
Manager to lobby appropriately. Motion carried 4-0 with Councilmember Emery
absent.
ITEM 8.2 (602-01 #217R)
EXCLUSIVE RIGHT TO NEGOTIATE
THE OVERLAND COMPANY
Staff report by Executive Director Bowersox. Overland Company is in escrow to
purchase Poway Plaza and wishes to also own the southwest corner of Poway and
Community Roads which is now owned by the Redevelopment Agency. The Agency
proposes an agreement for the exclusive right to negotiate for the purchase of
this property by the Overland Company, Edward Berger and Paul Congleton,
principals. The Agency will be able to negotiate uses and appearance.
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Motion by Director Snesko, seconded by Director Cafa§na to approve the Exclusive
Right to Negotiate Agreement with the Overland Company. Motion carried 4-0 with
Director Emery absent.
ITEM 16 (704-13)
DENIAL OF CLAIM
POWAY ROYAL MOBILE HOME OWNERS ASSOCIATION
Mayor Hi§ginson stated he had pulled this item from the Consent Calendar. He
read a prepared statement with six principles he asked the City Council and the
residents to keep in mind, including that the mobile home parks were purchased
to ensure maintenance of an alternative form of housing for Poway residents; the
ownership of mobile home parks should not be a financial burden to City
taxpayers; neither the City or the Redevelopment Agency should receive a
financial gain; the City does not need to own or operate mobile home parks; the
City should continue to financially assist those mobile home residents most in
need; and mobile home residents should have a say in their destiny. He also
presented three recommendations regarding developing alternative financing plans.
Staff report by City Manager Bowersox. Recommendation is to deny the claim.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, President of the Association, stated
they would not file a lawsuit if the Council would meet with
the Association within ten days.
Deanna Simpson, 13318 Dana Vista
James Luther, 13037 Alpine Drive
Councilmember Snesko suggested that the claim not be denied right now and that
we work with the Association to resolve the problems.
City Attorney Eckis stated that when a claim is filed it can be denied by action
of the legislative body within 45 days or, if no action is taken, it is deemed
denied. The difference is the time limits it gives the claimant to file a
lawsuit.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to deny the claim
and request staff to recommend a structure that can be used to meet with the
Association. Motion carried 4-0 with Councilmember Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Cafagna requested his item regarding proposed amendments to
the Horse Ordinance be removed from the agenda.
22A. Councilmember Snesko requested staff initiate negotiations with Wal-Mart
to lease a portion of their unused parking lot fronting on Midland Road
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22B.
22C.
for a temporary skateboard park. The City could offer to indemnify them.
In response to Councilmember Callery's query, Councilmember Snesko stated
he had not talked to Wal-Mart about this.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to
authorize Councilmember Snesko to contact Wal-Mart about this proposed
lease. Motion carried 4-0 with Councilmember Emery absent.
Councilmember Snesko stated the Sheriff's deputies need a uniform
procedure regarding skateboarders and confiscation of their skateboards.
He made a motion that the first contact be a warning, the second be a
citation with confiscation, and the ability of a parent to pick it up at
the Sheriff's sub-station. There was no second.
Director of Safety Services Sanchez stated that in order to be consistent
Captain Marmack is preparing guidelines for the deputies. They will be
ready to be reviewed by the City Council in two weeks.
Councilmember Snesko stated he would withdraw his motion until the
guidelines are presented.
Councilmember Snesko stated he had received a letter from T.R.U.S.T.
(Teens and Retailers United to Stop Tobacco) offering to do a vending
machine surveillance or over-the-counter sales sample to help determine
the youth access to tobacco problem in Poway. He requested the City
Council hold a workshop with T.R.U.S.T. Council concurred and staff will
schedule.
AD~OURNHENT
Mayor Higginson adjourned the meeting at 8:00 p.m. on motion by Councilmember
Cafagna, seconded by Councilmember Snesko.
Wahlsten, City Clerk
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