CC 1993 02-02 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 2, 1993
The February 2, 1gM3, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 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, Tony Snesko, Don Higginson
STAFF HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Steve Streeter
Janis Acosta
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Assistant Director of Planning Services
Management Analyst
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATION
City Manager Bowersox presented a 15 year employee service award to Don Meyer,
Water Treatment Plant Operator III.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Robert Good, 12730 Soule Street, stated opposition to having the scheduled
March 8 City Council meeting held at the Big Stone Lodge. He feel public
meetings should be held in a public facility, not in a bar or restaurant.
Mayor Higginson asked that this item be placed on next week's agenda for
discussion.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
14. Ratification of Warrant Register for January 14, 1993. (401-10)
15. Denial of claims for damages: A) Tamara Whalley; B) Richard Rose.
(704-13)
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16.
17.
18.
Approval of temporary sewer connection for APN 321-010-15, Dennis Morton,
applicant, located on the south side of Belvedere Drive near its terminus,
subject to completion of certain conditions within six months. (1170-13)
Adoption of Resolution No. 93-025 entitled, "A Resolution of the City
Council of the City of Poway, California Ordering the Summary Vacation of
Street Reservation Designated 'Lot A Reserved for Future Street' in Green
Valley Estates, Unit No. 12,Map No. 4934, Together with the Abutters'
Rights of Access Appurtenant to Lot A in and to Sagewood Drive. (Vacation
93-01)." (1002-06)
Adoption of Resolution No. 93-013 entitled, "A Resolution of the City
Council of the City of Poway, California amending the List of Designated
Positions Subject to the Reporting Requirements of the City's Conflict of
Interest Code"; and Resolution No. 93-014 entitled, "A Resolution of the
City Council of the City of Poway, California Approving the Poway
Redevelopment Agency's Adoption of the Amended List of Designated
Positions Subject to the Reporting Requirements of the Agency's Conflict
of Interest Code." (704-08 & 704-08R)
Motion carried unanimously.
ITEM 4 (203-11)
GENERAL PLAN AMENDMENT 93-01A-J
ZONE CHANGE 93-O1B-H AND GG
This public hearing was continued from January 5, 1993. City Manager Bowersox
stated he would make a staff report on the applications where people were present
to speak. There were persons present for 4D and 4J.
General Plan Amendment 93-01D/Zone Chanqe 93-01D
This is consideration of a redesignation to Open Space-Recreation for a 4.45 acre
parcel located on the southerly terminus of Tannin Drive known as Panorama Hills
Park. It was dedicated to the County as a condition of development and given to
the City. Chaparral School is to the north and the school district is interested
in relocating their ESS trailer to the property which, under our agreement with
the County, would be allowed if they purchased the property from the city and we
replaced it with like land. OS-R is being recommended because of its designation
as park land.
Speaking in opposition to staff recommendation:
Terry Vogel, 13018 Edina Way, stated this property has been in its natural
state since 1979 and requested it be rezoned Open Space-
Resource Management.
Mark Gordon, 17206 Pinot Place, representing GVCA, requested OS-RM.
Glenn Ziegler, 13010 Edina Way, requested OS-RM.
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Council concurred that OS-RM would be appropriate.
General Plan Amendment 93-01J/Zone Chanqe 93-01GG
This is consideration of a redesignation to Open-Space Recreation and Open Space-
Resource Management for Lake Poway Park and "Lot A" which was given by the
developers of Bridlewood for park purposes. Staff recommends that a triangle
portion of Lot A from the archery range east be designated OS-R for future
expansion of the Lake Poway Park with the remainder being OS-RM.
Speaking in opposition to staff recommendation:
Howard Shahan, 16255 Country Day Road, representing Bridlewood Homeowners
Association stated their preference is have entire Lot A as OS-RM to
prevent any future development of a restaurant. He also stated that the
existing landscaping on the archery range does not protect the privacy of
homeowners to the west.
Council discussed what facilities could be built in the OS-RM. Director of
Planning Services Wright-Quastler stated that an interpretative center is
allowed, but not other types of structures such as a pavilion. Council discussed
doing a General Plan Amendment in the future if a picnic area or pavilion is
desired in Lot A. Mr. Shahan stated the HOA would not oppose grassy picnic areas
or passive uses, however they do not want lighting, roads or structures on the
ridgeline.
Council concurred that making the entire Lot A OS-RM would be appropriate.
Motion by Councilmember Emery, seconded by Councilmember Callery to close he
public hearing; issue a Negative Declaration for GPA 93-01A and GPA/ZC 3-01B; and
adopt Resolutions No. 93-015, entitled, "A Resolution of the City Council of the
City of Poway, California Amending the General Plan of the City of Poway
Comprehensive Plan (GPA 93-01A)" establishing the Hospital Campus Land Use
designation; 93-016 entitled, "A Resolution of the City Council of the City of
Poway, California Amending the Land Use Element of the General Plan of the City
of Poway Comprehensive Plan {GPA 93-01B)" changing the land use designation of
the Pomerado Hospital property to HC and OS-RM; 93-017 {GPA 93-01C) changing the
land use designation of Valle Verde Park to OS-R; 93-018 {GPA 93-01D} changing
the land use designation of Panorama Hills Park to OS-RM; 93-019 (GPA 93-01E)
changing the land use designation of Starridge Park to OS-R; 93-020 (GPA 93-01F)
changing the land use designation of Hilleary Park to OS-R; 93-021 {GPA 93-01G)
changing the land use designation of Community Park to OS-R; 93-022 {GPA 93-01H)
changing the land use designation of Garden Park to OS-R; 93-023 (GPA 93-01I)
adopting Table II-2 of the General Plan text "Distribution of Land Uses" to
reflect changes associated with the General Plan amendment 93-01; and 93-024 {GPA
93-01J changing the land use designation of Lake Poway Park to OS-R and Lot A to
OS-RM. Motion carried unanimously.
City Clerk Wahlsten read the titles of Ordinances 399 through 406, zone changes
accompanying the general plan amendments, as follows:
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Ordinance No. 399 -
Changing the Zoning
(Pomerado Hospital}
"An Ordinance of the City of Poway, California,
Classification of Certain Property {ZC 93-01B)"
Ordinance No. 400 "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01C)" (Valle
Verde Park)
Ordinance No. 401 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Panorama Hills Park}
California,
(ZC 93-01D)"
Ordinance No. 402 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Starridge Park)
of Poway, California,
Property (ZC g3-01E)"
Ordinance No. 403 - "An Ordinance of the City
Changing the Zoning Classification of Certain
(Hilleary Park)
of Poway, California,
Property {ZC 93-01F)"
Ordinance No. 404 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Community Park}
of Poway, California,
Property (ZC 93-01G)"
Ordinance No. 405 "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Garden Park)
California,
(ZC 93-01H)"
Ordinance No. 406 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01J)" {Lake
Poway Park and Lot A}
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading and set second reading for February 9, 1993. Motion carried unanimously.
ITEMS 5-9 (701-04)
ORDINANCES NO. 394 THROUGH 398
SECOND READING - ZONE CHANGES 93-01DD-II
Mayor Higginson stated these ordinances were first read on January 26, 1993.
There was no one present wishing to speak.
City Clerk Wahlsten read the titles, as follows:
Ordinance No. 394 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01DD)"
(former BLM land on eastern boundary}
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Ordinance No. 395 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC g3-01EE)"
(Blue Sky Ranch)
Ordinance No. 396 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01FF)"
(Clyde Rexrode Wilderness area}
Ordinance No. 397 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01HH)"
{City Maintenance and Water Treatment Plant)
Ordinance No. 398 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01II)"
(Poway High School).
Motion by Councilmember Emery, seconded by Councilmember Snesko to waive further
reading and adopt Ordinances 394 through 398. Motion carried unanimously on a
roll call vote.
ITEM 10 (402-05)
NON-RESIDENTS BASKETBALL FEE
Staff report by City Manager Bowersox. On December 15, 1992 the City Council
requested staff explore charging a non-resident fee to play basketball at Twin
Peaks Center and Meadowbrook Gymnasium. Staff is recommending a $2 fee for non-
residents 18 and older effective immediately to cover the incremental costs of
additional staffing, and wear and tear on the facility. This proposal has been
reviewed by the Parks & Recreation Committee and they concur.
Mayor Higginson stated he had brought his proposal forward originally and would
recommend it be removed from calendar until April to allow staff more time to
monitor the situation.
Council concurred to remove from calendar and bring back in April.
ITEM 11 (701-04)
PICKETING OF PRIVATE RESIDENCES
Staff report by City Manager Bowersox. On July 14, 1992, the City Council
reviewed an Ordinance which would have prohibited picketing directed at a single
residence. Action was taken to direct staff to monitor the situation and report
back in six months. On December 5, 1992 picketing was observed in a residential
area at the intersection of Orchard Gate and Ranch Hollow Roads directed toward
Dr. Bruce Tarzy who resides on Ranch Hollow Road. Dr. Tarzy has requested that
the City Council reconsider adopting an ordinance restricting picketing. Staff
is requesting direction from the Council.
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Present to speak:
Dr. Bruce Tarzy, 15912 Ranch Hollow Road, stated the issue is protecting
the privacy of the home and family. The purpose of the picketers is not
to inform of their point of view but to harass those they are picketing.
Connie Youngkin, 15341 Via Molinero, one of the picketers, stated the sign
was truthful and they were exercising their Constitutional right of free
speech. They were not in front of Dr. Tarzy's residence.
Jane Vantieghem, 16171 Alva Road, #1713, San Diego, stated she was present
the day of the picketing and this protest done on a public street is
legal.
City Attorney Eckis stated this issue is a conflict of two fundamental rights:
right of free speech and right of privacy within your residence. The Supreme
Court has upheld an ordinance specifically prohibiting picketing in front of an
individual's residence and the County of Los Angeles has an ordinance which he
would recommend if the Council desires to adopt such an ordinance.
Motion by Councilmember Snesko to receive and file this item. There was no
second.
Council discussed the means of enforcement of such an ordinance. The Sheriff
would be called and would determine if the picketers were in violation of the
ordinance. If so they would be asked to relocate. If they refused the Sheriff
would either cite or arrest. The City Attorney would prosecute the case.
Council concurred that adoption of an ordinance would not stop the activity that
has occurred since the picketers were not in front of Dr. Tarzy's residence
however it sends a signal to our citizens that the City Council is desirous of
protecting their privacy to the extent that they legally can.
Motion by Mayor Higginson, seconded by Councilmember Emery to direct staff to
bring back an ordinance modeled on the County of Los Angeles' for Council
consideration. Motion carried unanimously.
ITEM 12 (401-13)
CAPITAL IMPROVEMENTS AT WATER TREATMENT PLANT
Staff report by City Manager Bowersox. The Surface Water Treatment Rule, an
amendment to the Safe Drinking Water Act becomes effective June 29, 1993. The
State of California has evaluated the City of Poway's water treatment plant. The
12 MGD Hardinge filtration system, in service since 1971, has been determined
inadequate to meet the requirement of the SWTR and we must achieve compliance.
Ultimately we will have a $4 million project to construct which will be funded
from the capital replacement fund and the Redevelopment Agency. As a first step,
staff recommends transfer of funds to perform certain studies and design work.
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Page 7 - CITY OF POWAY - February 2, 1993
Motion byCouncilmember Emery, seconded byCouncilmember Cafagna to authorize the
transfer of $25,000 from the Water Fund to 60-404-148 for tracer studies; $20,000
to 60-404-148 for water treatment plant audit; and $170,00 to 60-404-161 for
design of water treatment filters. Motion carried unanimously.
ITEM 13 (1180-05)
COMMUNITY CONTRIBUTION REQUEST-ABRAXAS HIGH SCHOOL
Staff report by City Manager Bowersox. Abraxas High School Counselor Connie
Messina has requested the City contribute $1,500 to fund a one-day outdoor ropes
course offered to 15 students each month. This meets the criteria for the
community contribution fund and there are sufficient funds. Staff recommends
approval.
Speaking in favor of staff recommendation:
Connie Messina, 12643 Oak Knoll Road, showed a video of students
participating in the course.
Mike Matheny, 15221Luis Street, student at Abraxas who has completed the
ropes course.
Motion by Councilmember Emery, seconded by Councilmember Callery to donate $1,500
to Abraxas High School to fund an outdoor ropes course. Motion carried
unanimously.
MAYOR
21.
22.
24A.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Cafagna stated he had been approached by David Gillispie who
wants to move his Bit 'n Bridle tack store to the old Post Office at the
southwest corner of Midland and Hilleary and add feed and hay sales which
is currently prohibited in Commercial Office and Community Commercial
zones. Staff has prepared a proposal to allow feed and tack stores in the
CC zone by conditional use permit.
Speaking in favor of staff recommendation:
David Gillispie, 14875 Mina de Oro
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to
direct staff to initiate a zoning ordinance amendment to allow feed and
tack stores in the CC zone by conditional use permit. Motion carried
unanimously.
Councilmember Callery stated she and Councilmember Cafagna had attended
the new Councilmembers' seminar sponsored by the League of California
Cities and will give a report on February g, 1993.
Mayor Higginson announced Councilmember Snesko's appointments of Linda
Harkleroad to the Housing Commission and Stephen Kuptz to the
Redevelopment & Housing Advisory Committee.
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Page 8 - CITY OF POWAY - February 2, 1993
24B.
Mayor Higginson recommended the City Council and City Manager attend the
League of California Cities Leadership/Team Building Workshop at Lake
Tahoe from June 2-4. He stated he and Councilmember Emery had attended
with former Council members several years ago and it was very beneficial.
Council concurred to direct staff to make reservations.
24C. Mayor Higginson stated the February 25, lg93 workshop with Wet 'n Wild has
been cancelled at their request and may be rescheduled.
24D.
Mayor Higginson requested staff bring back a report on the DARE program
for eighth graders. We currently do not find the DARE program at this
grade level and he would like to know the cost. Council concurred.
25.
Councilmember Snesko suggested that, if SDG&E is awarded the contract for
the Project Vecinos project,they be requested to work 24 hours a day,
outside peak traffic hours, to lessen the time they will spend putting the
pipeline through Poway. City Manager Bowersox stated one of the major
issues is the alignment and there may be a better one than what they are
proposing. Mayor Higginson requested a report regarding what control we
can have over them while they are working in our community.
ADJOURNMENT
Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., February 4, 1993. The time
of adjournment was 8:50 p.m.
Marjo~'ie~K. Wahlsten, City Clerk
City fq~oway
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NO TICE
NOTICE IS HEREBY GIVEN THAT THE FEBRUARY 2, 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF AD~OURNHENT
Upon motion by Councilmember Callery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, February 4, 1993
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 8:50 p.m.
MarjoriA K. Wahlsten, City Clef
City o~ay, California
February 3, 1993
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council meetings at
approximately 10:00 a.m.
Dated at Poway, California, on February 3, 1993
Marjori~e ~. Wahlsten, City C1
City off, ay, California