CC 1994 09-06 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 6, 1994
The September 6, 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, Bob Emery, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Jim Bentz
Patrick Foley
Jim Marmack
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Community Services Manager
Principal Management Analyst
Sheriff's Captain
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
EMPLOYEE SERVICE AWARD
Mayor Higginson presented a 20 year service award to Marjorie Wahlsten, City
Clerk.
PROCLAMATION
Mayor Higginson presented a proclamation for September as "Friends of the Poway
Library Membership Month" to Kathy Shawl.
PRESENTATIONS
Carol Dorman, governmental affairs representative for San Diego Gas &
Electric, presented Mayor Higginson with a plaque for the City's support
of the 2nd annual "Sweater Saturday" which will be October 1, 1994. Last
year they collected 300,000 sweaters and sweatshirts.
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B. Assemblyman Jan Goldsmith could not be present to give the 1994
legislative session overview.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Sylvia Nicpon, 13325 Dana Vista, President of the Poway Royal Mobile Home
Owners Association, stated the Housing Commission had resolved two issues;
however, the resident park manager should be informed he can't monitor the
wording in the social club's newsletter.
Deanna Simpson, 13318 Dana Vista, chided Councilmember Callery for
gathering flyers from mail boxes, stating they had received clearance from
the Post Office on their placement.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
13.
Approval of Minutes - City Council
August 9, 1994, Regular Meeting
15. Approval of City's Investment Report - July 31, 1994
(408-01)
16. Receive and file report regarding source and application of funds for
public improvement fees for fiscal year 1993-94 for the City of Poway.
(401-22)
18. Adoption of Resolution No. P-g4-46, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
94-62," for the annual Poway Days events to be held from September 17
through October 2, 1994; Poway Days Committee, applicant. (203-07)
19.
Adoption of Resolution No. 94-094, entitled, "A Resolution of the City
Council of the City of Poway, California, Amending the Salary and Benefit
Plan for the Management, Supervisory, Professional and Confidential
Employees and Rescinding Resolutions 90-178, 93-070 and 93-082," to extend
the agreement from June 30, 1994 to June 30, 1995. (901-02)
20. Designation of Mayor as voting delegate for League of California Cities
Annual Conference, October 23-25, 1994. (1503-22)
21. Acceptance of Poway Center for the Performing Arts Mechanical Revisions
from First Mechanical, Inc. (5521) (602-01 #207R)
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22.
Adoption of Resolution No. 94-095, entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing a Stop Sign on
Range Park Road at Twin Peaks Road." (1160-01)
23. Approval of extension of contract with McDougal, Love, Eckis & Grindle for
City Attorney Services for 1994-95. (602-01 #259)
Motion carried unanimously.
ITEM 7 (203-04)
VARIANCE 94-04
APPLICANTS: GERALD & MARY HUSTON
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 750 square foot room addition at
16138 Bennye Lee Drive which will encroach 16.5 feet into the required rear yard
setback. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution P-94-47, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Variance 94-04,
Assessor's Parcel Number 275-390-16." Motion carried unanimously.
ITEM 8 (1401-01)
SWIM CENTER SCHEDULE AND USE
Staff report by City Manager Bowersox. On June 7, 1994, the City Council
discussed the criteria to be used in determining swim team priority for the
allocation of pool time and lane use at the Community Swim Center. The Council
requested a report back at the end of the summer season. Staff recommends the
City Council receive and file the report.
Council concurred to receive and file and commended staff for the complete
report. They asked for information about other learn to swim programs like the
Red Cross' Backyard Swim Program.
ITEM 9 (1160-04)
TRAFFIC SAFETY COMMITTEE REPORT
LAKE POWAY ROAD EAST OF ESPOLA ROAD
Staff report by City Manager Bowersox. At the June 21, 1994 City Council
meeting, Mayor Higginson noted there had been some incidents involving cars
leaving the road traveling west on Lake Poway Road near Espola Road. The Traffic
Safety Committee has reviewed the situation and approved sign installations and
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relocations which are intended to improve driver awareness and safety. They also
recommend that the Sheriff's Department and Park personnel increase vigilance
against drinking drivers at Lake Poway Park.
Council concurred to receive and file the report.
ITEM 10 (602-01, #16R)
PROMISSORY NOTE TO C.F. POWAY, LTD.
Staff report by City Manager Bowersox. The negotiations to complete the
acquisition of public improvements and finalize the promissory note have not been
concluded and staff recommends this item be continued to September 20, 1994.
Motion by Councilmember Callery, seconded by Councilmember Emery to continue this
item to September 20, 1994. Motion carried unanimously.
ITEM 11 (1301-01)
CONFISCATION OF SKATEBOARDS
Staff report by City Manager Bowersox. At the August 23, 1994 City Council
meeting, Councilmember Snesko suggested guidelines for the Sheriff's Department
on the confiscation of skateboards. Council continued the item in order for the
Sheriff's Department to develop guideines. They report that this year, eight
juveniles were detained or issued citations with relation to skateboarding. In
some cases the skateboards were impounded. The Sheriff's Department has several
alternatives in dealing with violators and they feel it is important for the
Deputy to have discretion in dealing with situations. Staff recommends the
report be received and filed.
Councilmember Snesko stated he is opposed to confiscation and holding until the
case comes to court. He suggested the Deputy could give a citation, take the
skateboard and release it to the parent the next day.
There was no action on this item.
Councilmember Snesko stated he has talked to the Area Manager of Wal-Mart and
they are willing to have skateboarders use the east parking lot on Midland Road.
Councilmember Emery requested a report including what the City's liability would
be.
ITEM 12 (1601-11)
POWAY ROYAL MOBILE HOME OWNERS
Staff report by City Manager Bowersox. At the City Council meeting of August 23,
1994, the City Council denied a claim by the Poway Royal Mobile Home Owners
Association and directed staff to review options for considering some issues
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raised in the claim. Staff is not recommending another City Council sub-
committee since many of the issues are already being considered by the Housing
Commission and/or Redevelopment and Housing Advisory Committee.
Speaking in favor of staff recommendation:
Sylvia Nicpon, 13325 Buena Vista
Speaking in opposition to staff recommendation:
James Luther, 13037 Alpine Drive.
Councilmember Emery stated that one of the options that the consultants should
be looking at is the sale of the park on the open market. Mayor Higginson
requested that the third recommendation in his August 22, 1994 memo be added to
staff recommendation.
Motion by Councilmember Emery, seconded by Councilmember Cafagna: 1) to direct
staff and the Housing Commission to develop financial plans for Poway Royal as
a rental park that require the lowest rents while meeting the financial and
maintenance needs; 2) direct staff to explore all financial alternatives that
would allow the City to change the ownership of the park to the residents; and
3) discuss financing plans, as they are developed, with two representatives
selected by the residents, their financial advisor, and their legal advisor.
Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to §54956.9(a) regarding
San Diego Gas & Electric Company v. City of Poway, Superior Court Case No. 672505
in order to make a determination on whether to file an appeal or approve a
settlement agreement.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27A.
Councilmember Emery requested his item regarding Old Poway Park operating
schedule for the trains be continued to September 13, 1994 since the
neighbors from Sycamore Avenue could not be present at this meeting.
Motion by Councilmember Emery, seconded by Mayor Higginson to continue.
Motion carried unanimously.
27B.
Councilmember Emery asked the City Attorney to restate for the City
Council how they should respond to a potential applicant when he calls
them about his proposed project. At what point is there a violation of
the Brown Act?
City Attorney Eckis stated there has never been a written policy but his
advice to new Councilmembers has always been that it is okay to meet and
listen, but it is never appropriate to make a commitment. If an
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application has already been filed a Councilmember must be even more
cautious. Council concurred it would be helpful to have an advice memo on
this issue.
28A.
Councilmember Snesko requested Council adopt a resolution prepared by the
American Lung Association opposing Proposition 188, sponsored by Phillip
Morris, which will appear on the November ballot.
Motion by Councilmember Snesko, seconded by Mayor Higginson to adopt
Resolution No. 94-096 entitled, "A Resolution of the City Council of the
city of Poway, California Opposing Proposition 188, Smoking and Tobacco
Products, Statewide Regulation, Initiative Statute." Motion carried
unanimously.
28B.
Councilmember Snesko stated he had received a complaint from a resident in
the Garden Road area about pornography for sale in a local store out in
the open. At Councilmember Snesko's request the citizen bought the video
and Councilmember Snesko turned it over to the Sheriff's Department. He
made a motion that the City Attorney be directed to develop an Ordinance
regarding the sale of pornography or adult material. There was no second.
City Attorney Eckis stated there is limited ability at the local level
regarding this area. The only thing we can regulate is how the material
is displayed, not what can be sold.
Mayor Higginson requested a report from the Sheriff's Department regarding
the incident referred to by Councilmember Snesko and what problems there
are with visibility of adult material for sale in the City.
29A.
Mayor Higginson presented a proposal to establish a commercial
rehabilitation program similar to the residential program being offered by
the Redevelopment Agency. He made a motion, seconded by Councilmember
Emery to direct staff to develop policies and procedures for implementing
a commercial facelift and rehabilitation program for Council review.
Motion carried unanimously.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:07 p.m. City Attorney Eckis
stated that since Director of Engineering Services Weston was named in the
lawsuit he will join the City Council in the closed session.
CALL TO ORDER AND ANNOUNCEMENT OF SETTLEMENT
Mayor Higginson called the meeting back to order at 8:40 p.m. with all
Councilmembers present except Councilmember Emery who had left during the closed
session.
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City Attorney Eckis stated that in the closed session, the City Council had
considered whether to appeal Judge Ronald Johnson's decision that San Diego Gas
& Electric's franchise agreement entitles them to install transmission lines in
the City and that state law preempts the City from regulation of "pipeline
systems." The City Council, in closed session, unanimously approved asettlement
agreement with San Diego Gas & Electric which closes all issues in relation to
the lawsuit. The main points are: the trench backfill over the pipeline will
include an 18-inch thick layer of yellow concrete to prevent errant mechanical
damage; a double row of yellow marking tape will be placed in the trench above
and below the yellow concrete layer; the gas transmission pipeline will only be
installed in major four or six lane streets, not in residential streets;
emergency shutoff valves will be installed at both ends of the pipeline, which
in this one-mile phase will be built in Pomerado Road between Oak Knoll Road and
the Scripps Poway Parkway. In addition to these safety consideration, SDG&E has
also agreed to install natural gas mains in Old Pomerado Road and Creek Road
neighborhoods in order to provide residents the opportunity to have this service,
if desired; drainage problems along Pomerado Road will be corrected in areas
where the pipeline will be constructed; SDG&E will pay the City plan check and
inspection fees for those parts of the project that are within the City's
jurisdiction.
City Attorney Eckis further stated he is filing a copy of the agreement, a
confidential memo to the City Council that is now being made public, and a press
release with the City Clerk. (602-01 #1030)
AD~OURNHENT
Mayor Higginson adjourned the meeting at 8:55 p.m.
MarjorJe ~. Wahlsten, City Clerk
City o~ay
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