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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. 5301 Page 2 - CITY OF POWAY - September 6, 1994 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) 5302 Page 3 - CITY OF POWAY - September 6, 1994 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 5303 Page 4 - CITY OF POWAY - September 6, 1994 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 5304 Page 5 - POWAY CITY COUNCIL - September 6, 1994 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 5305 Page 6 - CITY OF POWAY - September 6, 1994 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. 5306 Page 7 - CITY OF POWAY - September 6, lgg4 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 5307