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CC 1994 10-11 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 11, 1994 The October 11, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:04 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, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Tony Snesko (Councilmember Snesko arrived at 7:10 p.m.) STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter David Narevsky 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 Safety Services Principal Planner Redevelopment Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Jack Swain, 12667 Cobblestone Creek Road, Ja-Con Construction, gave kudos to City Engineering, Fire and Planning Services staff for their cooperation while his company was constructing the KinderCare Center at Pomerado and Twin Peaks Roads. (203-08, CUP 92-05) Kenneth Plummer, 12817 Francine Terrace, owner of All-Health Nutrition at 13215 Poway Road, spoke regarding the letter he received from the City Attorney's Office to remove his non-conforming sign. City Attorney Eckis 5327 Page 2 - CITY OF POWAY - October 11, 1994 stated approximately 12 of the 125 non-conforming signs resulting from the adoption of the Comprehensive Sign Ordinance in 1983 are still standing and his office intends to enforce the ordinance. (Councilmember Snesko arrived during this item.) Peggy Shea, 12423 Paseo Colina, stated she doesn't want to lose All-Health Nutrition. Betty Rexford, 11970 Creek Road, thanked the Sheriff's Department for their prompt action in catching the persons who broke into the For Parents' and Kids' Sake trailer. CONSENT CALENDAR City Manager Bowersox pulled Item 12 from the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: Approval of Minutes - City Council September 20, 1994, Regular Meeting 8. Ratification of Warrant Register - September 19-23, 1994 (401-10) Appointment of Jan Manos to the Performing Arts Advisory Committee for a two-year term as the representative of the San Diego County Performing Arts Community. (701-09) 10. Appointment of Debbie Olson to the Performing Arts Advisory Committee for a one-year term as the Community Group Representative. (701-09) 11. Adoption of Resolution No. 94-104 entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-3B with the Annexation of APN 317- 820-01 by Written Consent of Property Owner"; located at the southeast corner of Poway and Community Roads, Brigantine Restaurant. (705-12) 13. Acceptance of public improvements at corner of Putney Road and Ipava Drive, Richard Barker, developer. (602-01 #924) 14. Acceptance of public improvements and release of securities for Tentative Tract Map 87-08, Stratford Communities, applicant; located north of Twin Peaks Road between Tierra Bonita and Espola Roads. (602-01 #757) 15. Adoption of Resolution No. P-94-50, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 94-42 (Hillside/Ridgeline), Assessor's Parcel Number 321-180-72," Jim Faaborg applicant: a request to construct a 4,840 square foot home and a barn on 1.72 acres, located at the northwest corner of Tierra Bonita Road and Donart Drive. (203-10) 5328 Page 3 - CITY OF POWAY - October 11, 1994 16. Adoption of Resolution No. 94-105, entitled, "A Resolution of the City Council of the City of Poway, County of San Diego, California, Resolution Authorizing the Household Hazardous Waste Discretionary Grant Application." (401-30) 17. Denial of claim for damages: David Casper (704-13) 17.1 Appropriation of $6,310 from General Fund Reserve for termite extermination at Fire Station #1. (1601-03) 17.2 Approval of reimbursement of $10,000 to Matt and Mary Sokach for a 20-foot sewer easement at 14934 Budwin Lane, for construction of sewer main from Del Poniente sewage pump station to the gravity sewer in Midland Road at Orange Blossom Lane. (1001-02) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 437/FIRST READING STORM WATER MANAGEMENT PROGRAM Mayor Higginson opened the public hearing and read the title of Ordinance No. 437, "An Ordinance of the City of Poway, California, Adding Chapter 13.09 to the Poway Municipal Code to Establish a Storm Water Management and Discharge Control Program." Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. The United States Environmental Protection Agency proposed regulations for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The Regional Water Quality Control Board has issued a joint permit to the 20 San Diego County agencies which exercise jurisdiction over land development matters and one requirement is for all the co-permittees to develop and implement a management program. This ordinance is a major component. Staff will prepare a story for Poway Today regarding the prohibitions for allowing substances to enter the storm drain and creek system, along with the exemptions. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to waive further reading and set second reading for November 1, 1994. Motion carried unanimously. ITEM 5 (1403-14) POWAY COMMUNITY GARDEN Staff report by City Manager Bowersox. This is a request by the Poway Valley Community Garden Club to have a community garden on Redevelopment Agency owned 5329 Page 4 - CITY OF POWAY - October 11, 1994 property at 13112 Vista View Drive, behind Richardson Pontiac. There will be 50 plots, 18' x 18' on the 1 acre site. It is expected that there will be a composting project, gazebo, tool barn, and picnic benches as the project matures. Staff would propose a loan of $5,000 for site preparation and fencing once at least 50 percent of the plots are leased and a financial plan has been developed. Speaking in favor of staff recommendation: Jeff Beers, 13044 Bonita Vista, representing the Community Garden Club Philip Giesing, 13801Poway Road, neighbor to the site. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the project as recommended by staff. Motion carried unanimously. ITEM 5.1 (1504-10) NEW SHERIFF SUBSTATION STATUS REPORT Staff report by City Manager Bowersox. Staff has been working with the County of San Diego on a proposal to build a new Sheriff's Substation on the Western Lumber site along with the proposed library. The Library Advisory Committee is looking at conceptual site plans and will be recommending one to the City Council. The City will finance the construction from the sale of revenue bonds and the debt service will be paid from the rental of the building to the County of San Diego. In the event the City ever elects to form its own Police Department, the lease could be canceled and the facility used by the City. Councilmember Emery stated he is not ready to make the decision that this is the proper location for the Sheriff's Station. Councilmember Callery asked if the substation would be in lieu of other commercial on the site. City Manager Bowersox responded that it would be. Councilmember Snesko asked about parking availability for Community Day once the senior housing is built on the vacant lot at the northeast corner of Civic center Drive and Bowron Road. Staff will report on this with the site plan. Council concurred to receive and file the report. ITEM 12 (60-01 #1033) AGREEMENT WITH FISH & GAME FOR BICYCLE ACCESS TRIAL PERIOD IN BLUE SKY RESERVE Report by Councilmember Callery. She met last week with City staff and Blue Sky docents to discuss the proposed Cooperative Agreement with the State Department of Fish & Game to conduct a six month trial period for bicycle access into Blue Sky Ecological Reserve. They propose an amendment to the agreement providing for the formation of a coordinating committee to evaluate the bicycle use with 5330 Page 5 - CITY OF POWAY - October 11, 199~ representatives from the bicycle community and the Blue Sky volunteers. Patty Heyden, 13226 Fred Road, member of the Blue Sky volunteers, stated the volunteers need to have more respect from the City Council and input into the decisions affecting Blue Sky. She cited their hundred of hours donated to the Reserve. She also asked that the agreement be amended to read "Bicycle use on Saturdays and Sundays before 12 p.m .... "rather than "from 7:00 a.m. to 12:00 p.m." Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution No. 94-106, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the City Manager to Execute the Cooperative Agreement Between the State of California Department of Fish and Game and the City of Poway to Conduct a Six Month Trial Period for Bicycle Access into Blue Sky Ecological Reserve," as amended by Councilmember Callery. Motion carried 4-1 with Councilmember Snesko voting "no" because of his objection to the addendum. CITY ATTORNEY ITEMS 19. City Attorney Eckis requested a closed session with the City Council to discuss significant exposure to litigation pursuant to Government Code §54956.9(b)(2)(C) and deciding whether to initiate litigation pursuant to Government Code §54956.9(c). MAYOR AND CITY COUNCIL-INITIATED ITEMS 23. Councilmember Snesko proposed that, in view of the defacing of Mayor Higginson and Councilmember Cafagna campaign signs, the City Council adopt an ordinance offering a $500 reward and a $2,000 penalty for vandalism of political signs. City Attorney Eckis stated this is covered under the current graffiti ordinance and he feels it is adequate. Councilmember Cafagna stated he does not feel there should be a different ordinance for political signs. CLOSED SESSION Mayor Higginson called for a closed session at 7:50 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:20 p.m. with all Councilmembers present and adjourned on motion by Councilmember Emery, seconded by Councilmember Callery. Marjo~ie\,K. Wahlsten, City Clerk City 6~ Poway 5331