CC 1996 11-12 CITY OF POWAY, CALIFORNIA
MZNUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 12, 1996
The Hovember 12, 1996, 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, Betty Rexford, Don Higginson
STAFF HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
John Falconer
Patrick Foley
Scott Nespor
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Senior Management Analyst
Management Assistant
PLEDGE OF ALLEGIANCE
Webelows Den Pack 607 led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
County Supervisor Diane Jacobs was present to explain why the County had
made the decision to withdraw from the Solid Waste Authority. She introduced
Larry Pryor, the new County Administration Officer, who is a Poway resident.
Councilmember Cafagna, Poway's representative on the Solid Waste Authority,
cautioned Supervisor Jacobs regarding financial assumptions the Board was making.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
October 15, 1996 Regular Meeting
5943
Page 2 - CITY OF POWAY - November 12, 1996
12. Ratification of Warrant Register for period of October 14-]8 and October
21-25, 1996. (401-10)
13.
Award of sole source contract and appropriation of
refurbishment of tree truck to Altec Industries, Inc.
$35,432.12.
funds for full
in the amount of
(401-13)
14. Award of bid for the Tobiasson Road Drainage Improvements to Interwest
Pacific, Ltd. in the amount of $77,777.77.(5421) (602-01 #258R)
15. Approval of a one-year extension to contract with BSI Consultants, Inc.
for engineering services. (602-01 #95)
16.
Receive and file status report on City Council Goals & Objectives and
direct staff to include the adopted Council Goals and Objectives in the
1996-97 budget. (202-01)
17. Award of bid for Old Poway Park Train Barn Pit Expansion to Single Eagle,
Inc. in the amount of $26,000. (602-01 #259R)
Motion carried unanimously.
ITEM 1 (203-02)
TENTATIVE PARCEL MAP 96-02
APPLICANT: MICHAEL & JUNE GREER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to divide a ten acre parcel into four parcels at
15458 Markar Road. This was originally approved as TPM 84-10, but the applicant
did not proceed to complete the improvements required. Staff recommends
approval.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane, asked why the map had been denied
before and what was different now.
City Manager Bowersox stated it had never been denied. The applicant had chosen
not to proceed.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing; issue a Negative Declaration; and adopt Planning Resolution No.
P-96-80, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Tentative Parcel Map 96-02, Assessor's Parcel Number 278-
180-34." Motion carried unanimously.
5944
Page 3 - CITY OF POWAY - November 12, 1996
ITEM 2 (203-02)
TENTATIVE PARCEL MAP 96-09
APPLICANT: RANDALL FARRAR
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to divide a 19.5 acre parcel into five parcels at
the eastern terminus of Cinchring Drive. The applicant has requested a
continuance to December 10, 1996. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
consideration of Tentative Parcel Map 96-09 to December 10, 1996. Motion carried
unanimously.
ITEM 3 (203-08)
VARIANCE 96-O9/MINOR DEVELOPMENT REVIEW 96-61
APPLICANT: BRUCE & DEBRA BLEILE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to allow a 2,323 square foot single
story residence to encroach 10 feet into each of the required 20 foot sideyard
setbacks at 13521Wlllow Run Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-96-81, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Variance 96-09 and MDRA 96-61, Assessor's Parcel Number 275-081-21." Motion
carried unanimously.
ITEM 4 (602-01 #245R)
SALE OF PROPERTY AT SOUTHWEST CORNER OF
COMMUNITY AND POWAY ROADS TO F.T. YON DER AHE CO.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On January 9, 1996, the Redevelopment Agency approved a Disposition,
Development and Owner Participation Agreement for the parcel at the southwest
corner of Poway and Community Roads. The developer has requested that the Agency
approve an assignment of the property acquisition rights to a different legal
entity with the same principals and a reduction in the price from $350,000 to
$334,528. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
5945
Page 4 - CITY OF POWAY - November 12, 1996
public hearing and adopt Resolution No. 96-113, entitled, ~A Resolution of the
City Council of the City of Poway Approving a Disposition, Development and Owner
Participation Agreement with F.T. Von Der Ahe Company and Murrieta Springs Plaza,
a California Limited Partnership, for the Property Located at the Southwest
Corner of Poway and Community Roads." Motion carried unanimously.
ITEM 5 (401-30)
REVISION TO ALLOCATION OF CDBG FUNDS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The 22nd year CDBG grant for 1996-97 was approved in December, 1995.
Staff proposes revising the allocation plan by transferring $45,062 from the
pedestrian ramp program to completion of Americans with Disabilities Act (ADA)
improvements.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford, to close the
public hearing and revise the 22nd year CDBG Program to reallocate $45,062
originally designed for the pedestrian ramp program to the completion of 19th
year ADA improvements; and authorize the City Manager to execute management and
implementation agreements with the County of San Diego. Motion carried
unanimously.
ITEM 6 (401-30)
ALLOCATION OF CDBG FUNDS FOR 1997-98
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff proposes allocation of $221,024 of 23rd year CDBG funding to
affordable housing assistance and referral program ($14,214); CDBG Housing
Rehabilitation Program ($137,810); public street access ramps ($69,000).
Councilmember Emery asked why CDBG funds were proposed for affordable housing.
Director of Redevelopment Services Shafer stated that the low and moderate income
housing fund is used for one-half this program, but cannot be used for certain
services.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and allocate funding as recommended and authorize the City Manager
to execute management and implementation contracts with the County of San Diego.
Motion carried unanimously.
ITEM 7 (1160-04)
ALL-WAY STOP/STONE CANYON ROAD AT DEL NORTE
Staff report by City Manager Bowersox. At resident request, the Traffic Safety
5946
Page 5 - CITY OF POWAY - November 12, 1996
Committee evaluated an all-way stop at Stone Canyon Road at Del Norte and
recommends no additional action at this time. The issue is traffic speeds
believed to cause unsafe conditions for children waiting for the school bus at
this intersection. However, stop signs are intended to assign right-of-way at
intersections where confusion may exist, not to arbitrarily interrupt through
traffic. The PUSD transportation department has not received any parent
complaints about safety at this bus stop.
Council concurred to receive and file the report.
ITEM 8 (1206-02)
COX CABLE TELEVISION RATES
Staff report by City Manager Bowersox. Cox Communications has submitted its FCC
Forms 1240 and 1205. Based on the City's cable consultant review, staff is
recommending that the City Council determine that their proposed rates and
charges for the Basic Service Tier and associated equipment are in substantial
conformity with the rates permitted by the FCC. Staff is also requesting
authorization to work with the county and other cities in lobbying the cable
companies to institute a cable service lifeline rate for those on fixed or
limited incomes.
Speaking in opposition to staff recommendation regarding increased rates:
Chris Cruse, 13734 Utopia, suggested that Cox offer a senior citizen rate
for all levels of service and protested the larger increase in the basic service
over the expanded service.
Peggy Collette, 13969 Bernadotte Lane
Mary Tietz, Cox Communications Government Relations Manager, spoke in opposition
to a lifeline rate since cable television is not a necessity and they feel $10.50
for basic service is a good value.
Council agreed to split the issues into two motions.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to determine that
Cox Communications' proposed rate and charges for the Basic Service Tier and
associated equipment are in substantial conformity with the rates permitted by
the FCC. Motion carried 4-1 with Councilmember Emery voting "no."
Motion by Councilmember Emery, seconded by Councilmember Rexford to authorize
staff to lobby Cox Communications and Southwestern Cable TV for a cable service
lifeline rate for those on limited incomes. Motion failed 2-3 with Mayor
Higginson and Councilmembers Cafagna and Callery voting "no." Councilmember
Cafagna noted he was opposed because any subsidy would be passed on to the other
customers in their rates.
5947
Page 6 - CITY OF POWAY - November 12, 1996
ITEM 9 (602-01 #1163)
RAMONA MUNICIPAL WATER DISTRICT
WATER SERVICE TO HIDDEN VALLEY RANCH
Staff report by City Manager Bowersox. This item is not ready to be discussed
and staff recommends it be removed form the calendar. Council concurred.
CITY NANAGER ITEMS
City Manager Bowersox congratulated Councilmember Emery and Jay Goldby on their
recent election to a four-year term on the Council. He also commended
Councilmember Callery for her efforts on behalf of the environment and youth
during her time on the City Council.
CITY ATTORNEY ITEMS
City Attorney Eckis called for a closed session to discuss whether to initiate
litigation pursuant to Government Code Section 54956.9{c) in one potential case.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
21.
Councilmember Callery requested and received concurrence from the City
Council to order plaques of appreciation to be presented to Blue Sky
Ecological Reserve volunteers David and Anna Stanton at the December 3,
1996 City Council meeting.
24. Mayor Higginson requested Poway precinct results for Proposition 218.
CLOSED SESSION
Mayor Higginson adjourned the meeting into
requested by the City Attorney.
closed session at 8:10 p.m. as
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:00 p.m. with all
Councilmembers present and adjourned on motion of Councilmember Cafagna, seconded
by Councilmember Emery.
Marjori~ K. Wahlsten, City Clerk
City fbx~Poway
5948