CC 1993 01-26 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR NEETING
JANUARY 26, 1993
The January 26, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Mark Sanchez
Reba Wright-Quastler
Garry MacPherson
Steve Streeter
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Safety Services
Director of Planning Services
Fire Battalion Chief
Assistant Director of Planning Services
Management Analyst
PLEDGE OF ALLEGIANCE
Webelo Pack No. 625 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:
Bill Jensen, 12638 Stone Canyon Road, stated that the developer of the
subdivision at the southeast corner of Pomerado and Stone Canyon has
dumped a large quantity of dirt across from his home and it has been there
for 3 months. Staff will report back.
Myron Carter, 12931 Golden Way, stated his property goes between Claire
Drive and Golden Way. He asked to have the trees replaced on Garden Road
at Claire Drive; improve Golden Way which has a water easement for the
transmission line to Welton Reservoir; improve the crossing at Poway
Creek. Staff will report back.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
26. Ratification of Warrant Register for January 7, 1993.
(401-10)
27. Approval of City's Investment Report as of December 31, 1992. 408-01)
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28. Denial of claim for damages from Theresa Boyer.
(704-13)
29.
Approval of final map for Tentative Parcel Map 91-05, Creekside Lane
Condominiums; adoption of Resolution No. 93-009, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative
Parcel Map 91-05, and Development Review 91-04, Assessor's Parcel Number
317-474-01." (203-02)
30.
Approval of final map for Tentative Tract Map 90-04, Footman Lane Phase
II; adoption of Resolution No. 93-010, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Expansion of Poway Landscape
Maintenance Assessment District No. 83-1A to Include Tentative Tract Map
90-04 with Written Consent of all Property Owners." (293-01)
31.
Receive and file quarterly status report for Transportation Improvement
Projects. (1110-01)
32.
Receive and file annual review of Conditional Use Permit 90-01 and Minor
Development Review 90-07 for ten modular units in front of City Hall at
13325 Civic Center Drive. (203-08
Motion carried unanimously.
ITEMS 5-14 (701-04)
ORDINANCES 384 - 393
SECOND READINGS - ZC 93-01T - ZC 93-01CC
City Manager Bowersox stated these are the second readings of Ordinances which
were first considered at the January 19, 1993 City Council meeting approving Zone
Changes 93-01Tthrough 93-01CC. City ClerkWahlsten read the titles, as follows:
Be
Ordinance No. 384- "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01T)"
(Abraxas High School)
Ordinance No. 385 -
Changing the Zoning
(Arbotitos Park)
"An Ordinance of the City of Poway, California,
Classification of Certain Property (ZC 93-01U)"
Ordinance No. 386 -
Changing the Zoning
(Silverset Park)
"An Ordinance of the City of Poway, California,
Classification of Certain Property (ZC 93-01V)"
o
Ordinance No. 387 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01W)"
(Poway Unified School District Administrative Center)
o
Ordinance No. 388 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01X)"
(Twin Peaks Middle School/Tierra Bonita Elementary School/San Diego
Gas & Electric Substation)
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10.
Ordinance No. 389 -
Changing the Zoning
(Dearborn Cemetery)
"An Ordinance of the City
Classification of Certain
of Poway, California,
Property {ZC g3-OIY)"
11.
Ordinance No. 3go -
Changing the Zoning
(Old Poway Park)
"An Ordinance of the City
Classification of Certain
of Poway, California,
Property {ZC 93-01Z)"
12.
Ordinance No. 391 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Meadowbrook Middle School)
of Poway, California,
Property {ZC 93-01AA)"
13.
Ordinance No. 392 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Pomerado Elementary School}
of Poway, California,
Property {ZC 93-01BB)"
14.
Ordinance No. 393 - "An Ordinance of the City
Changing the Zoning Classification of Certain
(Midland Elementary School)
of Poway, California,
Property (ZC g3-01CC)"
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinances 384 through 393.
Motion carried unanimously on a roll call vote.
ITEMS 15-19 (701-04)
ORDINANCES 394-398 - FIRST READINGS
ZONE CHANGES 93-01DD - g3-01II
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. These are first readings on the next series of zone change ordinances
changing the former Open Space zones to either Open Space-Recreation, Open Space
- Resource Management, Public Facilities, or Hospital Campus.
There was no one present wishing to speak.
City Clerk Wahlsten read the titles of Ordinances 394 to 398, as follows:
15.
Ordinance No. 394 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC g3-O1DD)"
(former Bureau of Land Management parcels generally along the
eastern City Boundary to OS-RM)
16.
Ordinance No. 395 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Blue Sky Ranch Ecological Reserve to OS-RM)
of Poway, California,
Property (ZC g3-O1EE"
17.
Ordinance No. 396 - "An Ordinance of the City
Changing the Zoning Classification of Certain
(Clyde Rexrode Wilderness Area to OS-RM}
of Poway, California,
Property {ZC 93-01FF}"
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18.
Ordinance No. 397 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC g3-01HH)"
(City Maintenance and Water Treatment Plant to PF)
lg.
Ordinance No. 398 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC g3-01II)"
{Poway High School to PF)
Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further
reading and set second reading for February 2, 1992. Motion carried unanimously.
ITEM 20 (203-04)
VARIANCE 92-18
APPLICANT: FRANK L. JOHNSON
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow a five foot high solid wood fence to be
built on top of an existing 4 foot 8 inch retaining wall at 12947 Standish Drive.
Six feet is the maximum height permitted. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-g3-O4entitled, "AResolution
of the City Council of the City of Poway, California Approving Variance 92-18,
Assessor's Parcel Number 323-383-10." Motion carried unanimously.
ITEM 21 (704-10)
PUBLIC NUISANCE AT 16100 DEL NORTE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On May 8, 1990, the City Council declared this property to be a public
nuisance and adopted a Resolution ordering the cleanup of the site. The owner
complied. In September, 1992, staff started receiving complaints of excessive
vehicles stored in the front and rear yards. Staff recommends adoption of a
Resolution of public nuisance. The City will clean up the site, if necessary,
after 10 days has passed and bill the property owner, Gabilar Laow.
Speaking in favor of staff recommendation:
Georgette Laow, 16100 Del Norte. She requested an additional 20 days to
clean up the property themselves and cited family problems that have
prevented the work from being done.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing, adopt Resolution No. 93-011, entitled, "A Resolution Declaring
the Property at 16100 del Norte Road a Public Nuisance, Ordering the Removal of
all Inoperable Vehicles, Parts, Tree Clippings, Stacks of Wood and Miscellaneous
Material," giving 14 days rather than 10 and requesting a status report to the
Council in 14 days. Motion carried unanimously.
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ITEM 22 (704-10)
PUBLIC NUISANCE AT 14027 EASTERN STREET
Mayor Higginson opened the public hearing, i Staff report by City Manager
Bowersox. On October 16, 1992 staff first respRnded to complaints of excessive
junk and inoperable vehicles at 14027 EasterniStreet. The occupants who are
renters have not responded. He suggested the C~uncil could take the same action
on this item as the previous item.
Speaking in favor of staff recommendation:
Kenneth Walker, 14633 High Valley Road, ~ho stated he has filed a Notice
to Vacate Property on the renters and is lin favor of the city cleaning up
the property if he has no liability for items removed.
Motion by Councilmember Cafagna, seconded by ~ouncilmember Emery to close the
public hearing and adopt Resolution No. 93-012, entitled, "A Resolution Declaring
the Property at 14027 Eastern Street a Public N~isance, ordering the Removal of
all Inoperable Vehicles, Trailers, Tires, Parts, Roofing Tile, Blocks, Wood,
Miscellaneous Material and Junk," giving the )wners 14 days to clean up the
property with a status report back in 14 days. Motion carried unanimously.
ITEM 23 (1110-01)
VISIBILITY OF SCRIPPS POWAY PARKWAY
Staff report by City Manager Bowersox. At th December 8, 1992 City Council
meeting, Randy Wilkins asked about the visibility of the Scripps Poway Parkway
from the Garden Road area. Staff has evaluatedithe visibility of traffic on the
road at three different locations and recommend~ a 4 foot high bern on the north
side of the roadway to shield traffic from view.
Speaking in opposition to staff recommendation:
Randy Wilkins, 14617 Acton Court, representing the Garden Road Homeowners
Association. He requested a 6 foot high berm, contoured slopes, and
notice to the property owners closest tolthe construction prior to start
of construction with information about ~he project and a number to call
with any problems or questions. ,
Councilmember Snesko disqualified himself from ~iscussion of this item, and left
the room. ~
David Cordova, 13025 Acton Avenue, reminded the City Council that much of
the traffic on the Parkway will be large trucks going to and from the
business park. i
Councilmember Cafagna suggested that landscaping at the top of a 4 foot berm
would be additional screening at less cost or need for right of way than a 6 foot
berm. i
Motion by Councilmember Cafagna, seconded by C6uncilmember Emery to approve a 4
foot high berm with a hedge on the top, but tol include a 6 foot high berm as a
bid alternative. Motion carried 4-0 with Counlcilmember Snesko disqualified.
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Page 6 - CITY OF POWAY - January 26, 1993
City Manager Bowersox stated that staff will follow up on the notice suggestion
made by Mr. Wilkins.
ITEM 24 (1301-01)
"WE TIP" REWARD PROGRAM
Staff report by City Manager Bowersox. On January 5, 1993, The City Council
requested staff report on the nationwide "We Tip" program which allows citizens
to report suspicious or criminal activity through a toll-free hot-line. Cost
to participate is $2,270 which staff recommends be appropriated from the Asset
Seizure Count.
Director of Safety Services Sanchez stated there are 92 cities in California and
6 counties participating in the program.
Motion by Councilmember Snesko, seconded by Councilmember Callery to appropriate
the funds to participate in the "We Tip" program and put an article in Poway
Today. Motion carried unanimously.
ITEM 25 (1403-05)
MATERIALS SPILL, 13123 POWAY ROAD
QUIK CHECK SERVICE STATION
Item introduced by City Manager Bowersox. Staff report by Battalion Chief
MacPherson. At the January 5, 1993 City Council meeting, Mayor Higginson
requested staff prepare a status report on the unauthorized release of gasoline
and diesel fuel at the Quik Check Service Station located at 13325 Poway Road.
The situation began in January, 1991 when diesel fuel was flowing from the
sidewall of Rattlesnake Creek adjacent to 13117 Quate Court and the source was
though to be the Quik Check Service Station. Over the past two years the County
Hazardous Material Management Division, agency with jurisdiction over fuel tanks,
has issued a list of Corrective Action Orders to the owner. The City has erected
a fence around the creek and installed "no smoking" signs since the most recent
seepage is flammable.
Ken Calvert, Program Manager of County HMMD, stated they have received $85,000
from the State to clean up the seep point and the Regional Water Quality Control
Board will be the lead agency for the clean-up work. This will not clean up the
site.
Mayor Higginson stated that the staff report does not accurately report the
fiscal impact to the city since the hundred of hours of staff time is not
included.
Council expressed concern that it has taken so long to resolve this situation and
it appears that HMMD did not enforce their corrective action orders. They
requested assurances that the tanks will not be refilled.
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Page 7 - CITY OF POWAY - January 26, 1993
Mr. Calvert stated that the owner can still use the tank if he can provide proof
that it won't leak. Council asked if the City could be notified if the owner
makes an application to operate the tanks. Mr. Calvert stated that it is a
ministerial action but since it is a public record he will notify Chief
MacPherson.
In response to Council query, City Attorney Eckis stated that HMMD has
jurisdiction in this matter, but there may be some Fire Code provisions or
nuisance abatement provisions that can be used for enforcement if necessary.
Council will be kept apprised of the status.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:06 p.m. and called it back to order at
9:15 p.m. with all Councilmembers present.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
35. Councilmember Cafagna requested an item on next week's agenda to discuss
whether a feed store could be allowed in the old Post Office building.
37.
Councilmember Emery asked what's going to happen with the erosion problems
on Budwin Lane. City Manager Bowersox will report back.
38A.
Mayor Higginson announced his following appointments: Housing Commission
- Richard Bentley and Linda Oravec; Transportation Advisory - Pamela
Meyer.
38B.
Mayor Higginson confirmed Elaine Jeter as one of the Poway Valley Senior
Citizen representatives on the Senior Issues Committee, replacing Bill
Heyde.
38C.
Mayor Higginson stated that we have approximately $125,000 in Public
Education/Government Access funds from our cable franchisees and suggested
three projects for staff to report back on: 1) closed circuit monitor in
the lobby of City Hall for time when overflow crowd are seated in there;
2) public information kiosks; and 3} interactive information services for
the citizens to access from their homes. Council concurred to have staff
investigate and report back.
38D. Mayor Higginson appointed Councilmember Callery to serve with him on the
Palomar/Pomerado Health Systems Joint Subcommittee.
38E.
Carol Dorman, governmental representative, northeast district, San Diego
Gas & Electric, was present with other company officials to make a
presentation regarding a project they are currently bidding on to provide
a 36" natural gas line to Mexico, named Project Vecinos. If they win the
bid, the main will come through Poway. The alignment they are proposing
goes along Espola, Poway and Garden Roads. Council discussed briefly the
impacts this construction project would have on the citizens.
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Page 8 - CITY OF POWAY - January 26, 1993
38F.
Mayor Higginson suggested that the Council attend a League of California
Cities team building workshop in June and requested this item be placed on
the agenda for the next meeting.
AD~OURNH£NT
Upon motion by Councilmember Callery, seconded by Councilmember Emery, Mayor
Higginson adjourned the meeting. The time of adjournment was 10:20 p.m.
Marjor/ie K. Wahlsten, City Clerk
City o~.Z~way
4780