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CC 1994 09-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 1994 The September 20, 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, Bob Emery, Tony Snesko, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery STAFF HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter 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 Planner Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Bill Rickles, 13725 Utopia Road, spoke about the SDG&E settlement agreement and stated he had not received the weld fatigue test information he had requested. City Attorney Eckis stated that the court had stated that the weld information is within the Public Utilities Commission jurisdiction, not the City's. Alice Brewer, 13028 Alpine Drive, chided Mayor Higginson for what she perceived as his lack of decorum towards Poway Royal residents at the September 6, 1994 City Council meeting. 5313 Page 2 - CITY OF POWAY - September 20, 1994 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: Approval of Minutes - City Council August 23, 1994, Regular Meeting August 30, 1994, Cancelled Meeting 9. Ratification of Warrant Register - August 1 - September 9, 1994 (401-10) 10. Removal of Temporary Use Permit 94-64 from calendar. The proposed location and scope has been changed and it can be approved by staff. (203-07) 11. Acceptance of Budwin Lane paving from Superior Ready Mix. (1243) (602-01 #1019) 12. Approval of the transfer of the City of Poway Development Agreement and the Poway Redevelopment Agency Owner Participation Agreement from McMillin Equity Partners II to Trident Homes of California, Inc., Tentative Tract Map 88-04R, located on the southwest corner of the intersection of Pomerado Road and Scripps Poway Parkway. (602-01 #874) 13. Denial of Claim for Damages: Michael Carroll (704-13) 13.1 Adoption of Resolution No. 94-099, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Issuance of a Demolition Permit for the Cabin Located at 14500 Midland Road, Assessor's Parcel Number 314-194-52" at the request of the property owner. (802-08) Motion carried 4-0 with Councilmember Callery absent. ITEM 4 (602-01 #1031) AWARD OF BID FOR TRASH FRANCHISE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Bids were opened on September 1, 1994 for the City of Poway's exclusive franchise for the collection of solid waste and recycling. Solicitation packages containing the "Request for Bids, City of Poway Refuse Collection and Recycling" and the "Franchise Agreement" were distributed to each of the currently permitted haulers who operate within the City. The lowest responsible bidder is Mashburn Waste & Recycling Services. Their rates will result in an approximate 25% savings for residential customers. The City will receive free pickup at City facilities and bus stops and a 5% franchise fee. The franchise will become effective January 1, 1995. Speaking in opposition to staff recommendation: Gabrielle Soroka, 8353 Miramar Road, San Diego, representing Waste Management of San Diego. 5314 Page 3 - CITY OF POWAY - September 20, 1994 Speaking in favor of staff recommendation: Arie de Jong, representing Coast Waste Management, stated staff had achieved a level playing field with the bid process and residents will have one of the lowest rates in the County. He commended staff for the process. Jeff Ritchie, 224 Los Posas Road, San Marcos, representing Mashburn, also commended staff, particularly Director of Public Services Williams. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing, issue a Negative Declaration, and award the exclusive Solid Waste Franchise to the lowest responsive, responsible bidder, Mashburn Waste and Recycling Services in the amount of $3,758,936.68. Motion carried 4-0 with Councilmember Callery absent. ITEM 5 (203-21) SPECIFIC PLAN AMENDMENT 84-01X CONDITIONAL USE PERMIT 94-12 DEVELOPMENT REVIEW 94-03 APPLICANT: HANK MATHEWS Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to amend the South Poway Specific Plan to allow a lighted practice golf range by conditional use permit and a development review on a 15 acre parcel between McIvers Court and Community Road, north of Stowe Drive. The primary concern is the visual impact of the poles and netting along Community Road necessary to contain the golf balls. The applicant will be required to plant specimen trees of a fast-growing variety. Staff recommends approval. Speaking in favor of staff recommendation: Henry Mathews, 12861Camino Ramillette, San Diego Robert Richardson, Karnak Architecture, 2802 State, Carlsbad Council discussed the best color of netting and concurred staff should have approval authority, and that it should be taut, not loose. Motion by Councilmember Emery, seconded by Councilmember Cafagna to find that the previously certified EIRs for the South Poway Specific Plan adequately address the potential environmental impacts, and adopt Resolution No. 94-100, entitled, "A Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan (SPA 84-01X)," and Resolution No. P- 94-49 entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 94-12 & Development Review 94-03, Assessor's Parcel Number 317-28-115 & 116." Motion carried 4-0 with Councilmember Callery absent. 5315 Page 4 - CITY OF POWAY - September 20, 1994 ITEM 6 (602-01 #16R) REIMBURSEMENT PROMISSORY NOTE C.F. POWAY, PUBLIC IMPROVEMENTS Staff report by City Manager Bowersox. It is recommended that the Poway Redevelopment Agency approve the acquisition of the equestrian/pedestrian trail system, and streets including Stowe Drive, Kirkham Road, McIvers Court, Danielson Street, Gregg Street, Gregg Court, and Parnell Court, and authorize the execution of a Promissory Note with CF Poway, Ltd. to reimburse them a previously agreed amount for constructing these improvements. These improvements were accepted by the City on February 19, 1991. City Attorney noted that CF Poway is not in default of the provisions of their Owner Participation Agreement nor deliquent on their taxes. Councilmember Cafagna commended CF Poway for being a good member of the business community in Poway. ITEM 6.1 (1301-01) ADULT MATERIAL FOR SALE Staff report by City Manager Bowersox. The City Council has requested staff to provide a report of an incident that occurred at Gordon's Market regarding the display of sexually explicit magazines and videos. It was suggested that we need an ordinance regarding placement of such material. According to the Sheriff that investigated this incident, Gordon's Market would have met the intent of such an ordinance. Councilmember Snesko stated the report was written improperly and the market changed the display. He stated the detective is researching tested laws for him and he will bring a proposed ordinance back at a later date. City Attorney Eckis stated his firm has written similar ordinances for other client cities and can prepare one for the Council's consideration. Motion by Councilmember Emery, seconded by Councilmember Snesko to remove this item from calendar. Motion carried 4-0 with Councilmember Callery absent. CITY ATTORNEY ITEMS City Attorney Eckis requested the City Council hold a closed session on two existing litigation cases pursuant to Government Code §54965.9(a): Smith v. City of Poway, Superior Court No. 625859; Appellate Court No. D016608; and Smith v. All Persons, Superior Court No. 667691. MAYOR AND CITY COUNCIL-INITIATED ITEMS 18. Councilmember Emery stated he had heard comments from several persons at Community Day about not having fireworks. He stated he would like to go 5316 Page 5 - CITY OF POWAY - September 20, 1994 out and look for donations in order to have them next year. Councilmember Cafagna stated he would help him. City Attorney Eckis clarified that they are doing this on their own and not as a Council-appointed subcommittee. 19. Councilmember Snesko stated Assemblyman Goldsmith is supporting Proposition 187, "Save our State Initiative" which will make illegal aliens ineligible for public services and made a motion to adopt the Resolution of support. There was no second. Councilmember Emery stated he could not support this measure. Councilmember Cafagna and Mayor Higginson stated they were not ready to take a public stand on this issue. Councilmember Snesko requested that this item be placed on the agenda in two weeks to give the other Councilmembers an opportunity to study the issue. 20. Mayor Hi§ginson requested the City Clerk to schedule an appointment to the Housing Commission next week. CLOSED SESSION Mayor Higginson called for a closed session at 8:05 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:05 p.m. and adjourned on motion by Councilmember Emery, seconded by Councilmember Cafagna. Marjor~e ~. Wahlsten, City Clerk C i ty of~P~o~ay 5317