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CC 1996 01-23 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 23, ]996 The January 23, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Deputy Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Don Higginson 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 Alan Fulmer 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 Sheriff's Captain Principal Management Analyst Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PUBLIC OICAL COMMUNICATIONS Deputy Mayor Cafagna explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Bill Barnick, 14645 Sunrise Canyon Road, spoke regarding mistakes he feels the building inspectors made on 16 of the homes in his tract. He distributed a packet of material on the subject. (1180-03) Jim Francis, 14623 Sunrise Canyon Road, stated he is having a proble~ with his roof. The tiles were not nailed due to the building inspector's negligence, and it will cost him $10,000 to repair. 5713 Page 2 - CITY OF POWAY - January 23, 1996 Katie Salveggio, 13721Woodgate Place, stated she and a friend saw Jeff Ritchie, owner of Mashburn Sanitation, commit a burglary at Jim Buckley's and identified him to the Sheriff. She asked why nothing has happened to him. City Attorney Eckis stated that the City Council cannot intervene in a criminal investigation. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar, as follows: 7.* Ratification of Warrant Register for period of January 1-5, lg96 (401-10) Approval of Agreement with the County of San Diego for the Management and Implementation of a 21st-Year Community Development Block Grant (CDBG) Project. (602-01 #979) g.* Award of Bid for Railroad Equipment for Old Poway Park to Irwin Car and Equipment in the amount of $22,800. {601-03R) Motion carried 4-0 with Mayor Higginson absent. ITEM 4 (701-04) ORDINANCE NO. 454/SECOND READING SPEED LIMITS Deputy Mayor Cafagna read the title of Ordinance No. 454, "An Ordinance of the City of Poway, California Rescinding Sections 10.32.010, 10.32.020, 10.32.209, and 10.32.230 of the Poway Municipal Code and Adding Section 10.32.010 Defining and Establishing Speed Limits on Various Roadway Segments in the City of Poway." Staff report by City Manager Bowersox. This consolidates previous actions taken by the City Council regarding speed limits and staff recommends adoption. Speaking in opposition to staff recommendation: Richard Ludwig, 12720 Metate Lane Linda Harkleroad, 12920 Metate Lane Speakers addressed the speed limit on Metate Lane. Director of Engineering Services Weston stated the issue of Metate Lane is on the Traffic Safety Committee's agenda for February. Depending on their recommendation, staff may bring a recommendation for further amendment to the City Council. The speakers will be invited to attend the meeting. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing, waive further reading, and adopt Ordinance No. 454. Motion carried 3-0 with Mayor Higginson absent and Councilmember Callery abstaining 5714 Page 3 - CITY OF POWAY - January 23, 1996 since she had been absent at first reading. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 96-006, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding Resolutions No. 87-005, 87-055, 90-011, 90-069, 90-125, and 90-187 Establishing Speed Limits on Various Roadway Segments in the City of Poway." Motion carried 3-0 with Mayor Higginson absent and Councilmember Callery abstaining. ITEM 4.1 (701-04) ORDINANCE NO. 455/FIRST READING JUVENILE LOITERING DURING SCHOOL HOURS Deputy Mayor Cafagna read the title of Ordinance No. 455, "An Ordinance of the City of Poway, California, adding Chapter 9.26 to the Poway Municipal Code to Establish a Citation System for Juveniles, Juvenile Loitering and Curfew Violations, and Cost Recovery." City Attorney Eckis stated that since the City Council first considered this on January 16, 1996, the Poway Unified School District has requested a change to Section 9.26.030. The last portion of that section would read, "...between the hours of 8:30 a.m. and 1:30 p.m. Monday through Friday or at times when such person's school is in session." This is a non-substantive change and the City Council can hold first reading at this meeting. Speaking in favor of staff recommendation: Linda Oravec, Executive Director of ADAPT, 13874 Midland Road Speaking in opposition to staff recommendation: Mike Norbeck, 12805 Estrella Vista Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further reading, and continue the public hearing to January 30, 1996. Motion carried 4-0 with Mayor Higginson absent. ITEM 5 (203-14) DEVELOPMENT REVIEW 95-17 APPLICANT: KEN SMITH/COR-O-VAN Staff report by City Manager Bowersox. This is a request to construct a 73,901 square foot warehouse building at 12375 Kerran Street for an expansion of Cor-O- Van's facility. Staff recommends approval. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Planning Resolution No. P-96-02, entitled, "A Resolution of the City Council of the City of Poway, California approving Development Review 95-17, Assessor's Parcel Number 317-223-04." Motion carried 4-0 with Mayor Higginson absent. 5715 Page 4 - CITY OF POWAY - January 23, 1996 ITEM 6 (706-02) COMMUNITY FACILITIES DISTRICTS NO. 1 AND 88-1 DEBT SERVICE PAYMENTS Staff report by City Manager Facilities Districts No. 1 and of special taxes for fiscal $854,392.01 and $269,235.58 to and $1,459,795, respectively. Bowersox. Certain property owners in Community No. 88-1 are delinquent on their first installment year 1995-96. Staff is recommending a draw of cover the debt service payments of $1,478,826.25 Motion by Councilmember Emery, seconded by Councilmember Rexford to authorize the draw of $854,392.01 from the bond reeve fund balances of Community Facilities District No. 1 for payment of debt service due on January 26, 1996 and $269.235.58 for Community Facilities District No. 88-1 for payment due February 8, 1996. Motion carried 4-0 with Mayor Higginson absent. ITEM 6.1 (1401-02) FINAL SCHEMATIC LIBRARY SITE DESIGN Staff report by Director of Community Services Thomas. On December 5, 1995, the architects presented the City Council with the Library Design Steering Committee's preferred site design showing access, parking, and the entrance to the library; the design approach to the drainage along Poway Road; and the interior layout. On January 4, 1996, the architects met with the Library Design Steering Committee to finalize the schematic plan. The Library Advisory Committee met yesterday and is recommending further review before adoption and also listed several issues in a memo for Council to review. Brad Miller, project architect, reviewed the proposed plan. Joye Davisson, 13733 Celestial Road, Chair of the Library Advisory Committee, stated the Steering Committee should have met one more time to review the final plans before they came to the City Council. She stated this was the first time she had seen the renderings. Larry Cruse, 13734 Utopia, member of the Library Advisory Committee, stated they did not have enough time to review the plan and reiterated the concerns that were contained in the Library Advisory Committee's memo. Sue Sheldon, 13411Starridge, stated a separate room is needed for computer work because it's a noisy function with people working together. Councilmembers expressed concern regarding rooflines and architectural features that make the building look institutional. Councilmember Cafagna asked what action they are seeking at this meeting. Mr. Miller stated that they are looking for approval of the schematic design. Architectural elements can be changed. 5716 Page 5 - CITY OF POWAY - January 23, 1996 Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the floor plan and site plan with the addition of an arbor from the building to the bus stop and future consideration of rooflines and architectural features; and authorize the architects to proceed with the design development phase. Motion carried 4-0 with Mayor Higginson absent. City Manager Bowersox introduced County Librarian Marilyn Crouch who was present. CITY MANAGER ITEMS City Manager Bowersox announced that the City's crime rate went down 23% in lg95. He thanked Captain Fulmer and the deputies for their good work. CITY AI"rORNEY ITEMS City Attorney Eckis called for a closed session to discuss existing litigation in cases of Smith v. All Persons, San Diego Superior Court Case No. 667691; and Poway Property Owners Group v. City of Poway, San Diego Superior Court Case No. N069334; and Poway Property Owners v. The United States of America, U.S. District Court No. gS-2735-1EG-(CGA). No special findings are required and no report is expected following the closed session. MAYOR AND CITY COUNCIL-INITIATED ITEMS 16A. City Manager Bowersox stated that the City of Poway is a party to a Joint Powers Agreement with the City of Santee and the County of San Diego for the operation of Goodan Ranch Regional Park. The agreement calls for a Policy Con~nittee with an elected representative from each agency. Motion by Councilmember Cafagna, seconded by Councilmember Emery to appoint Councilmember Callery as the City of Poway's representative to the Goodan Ranch Policy Committee. Motion carried 4-0 with Mayor Higginson absent. {602-01 #997} CLOSED SESSION Deputy Mayor Cafagna called for a closed session at 8:45 p.m. as requested by City Attorney Eckis. CALL TO ORDER AND ADJOURNMENT Deputy Mayor Cafagna called the meeting back to order at 9:30 p.m. and adjourned it on motion by Councilmember Rexford, seconded by Councilmember Emery. Marjorie~. Wahlsten, City Clerk City of POWay 5717