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.
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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.
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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.
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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
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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
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