CC 1993 04-20 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 20, lgg3
The April 20, 1993, 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, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Garry MacPherson
Marijo VanDyke
Penny Riley
Janis Acosta
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
Battalion Chief
Assistant Planner
Assistant Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Junior Girl Scout Troop 8007 led the Pledge of Allegiance.
PROCLAMATIONS
Mayor Higginson proclaimed April 24-25, 1993 as "Earth Days" and April 19-
23, 1993 as "Earth Week" and presented the proclamation to Junior Girl
Scout Troop 8007.
Mayor Higginson proclaimed April 25-May 2, 1993 as "Soil and Water
Stewardship week" and presented the proclamation to Bill Jensen, Director
of the Palomar/Ramona/Julian Resource Conservation District
PRESENTATION
Wilbur Shigehara of the National Weather Service made a presentation to the City
Council regarding their new facility which is being built on Miramar Naval Air
Facility property, north of Beeler Canyon. They will have a Doppler radar
facility which will greatly enhance their weather predicting capability. It is
to be completed in 1995.
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PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
1. John Kane, 14635 Twin Peaks, talked about the beauty of Rattlesnake
Canyon.
o
Robert Snyder, 1594 Hilltop Drive, E1 Cajon, stated the City needs to
clarify the Zoning Code regarding animal regulations.
Fran Davenport, 12256 Old Stone Road, stated the wall on the east side of
Pomerado Road, south of Metate Lane, needs to be landscaped like the wall
north of Poway Road.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the
Consent Calendar as follows:
12.
Approval of Minutes - City Council
March 30, 1993, Regular Meeting
April 1, 1993, Adjourned Regular Meeting
13.
Approval of Minutes - Redevelopment Agency
March 30, 1993, Regular Meeting
April 1, 1993, Adjourned Regular Meeting
14. Ratification of Warrant Register for April 1, 1993
(410-10)
15. Approval of City's Investment Report for March 31, 1993
(408-01)
16.
Denial of claims for damages: A) Irene Scarinci; B) Carol Feron; and
C) Christine Christensen (704-13)
17.
Acceptance of Bowron Road Storm Drain from J.E. Brokaw and Sons, Inc.
(1415) (602-01 #949)
18.
Approval of Compromise Agreement and Mutual Release between the City of
Poway and the City of San Diego for the dispute of overcharges for Metro
sewer service and transmission costs for the Penasquitos outfall.
(602-01 #650)
19.
Receive and file report regarding Drug Abuse Resistance Education (DARE)
Daytime Summer Camp to be funded by Rancho Bernardo Sunrise Rotary Club
and co-sponsored by the City, PUSD and Sheriff's Department. (1506-13)
20.
Approval of budget appropriations for Mid-year FY 1992-93 adjustments.
(205-04)
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Page 3 - CITY OF POWAY - April 20, 1993
21.
Adoption of Resolution No. P-93-17, entitled, "A Resolution of the city
Council of the City of Poway, California, Approving Temporary Use Permit
93-14, Assessor's Parcel Number 317-281-15, 16," for a circus to be
located on two vacant parcels located at 12350 and 12360 McIvers Court in
the South Poway Planned Community, sponsored by the Chamber of Commerce,
on April 24, 1993. (203-07)
22.
Acceptance of public improvements and grading, and release of securities
for Poway Corporate Center, Phase I, TM 86-02R(2) and G-727-90, Tech
Business Center, applicant. (602-01 #891)
23.
Approval of Amendment No. 3 to the Agreement Between the County of San
Diego and the City of Poway for Public Transportation Services, 1990-91
through 1993-94. (602-01, #35)
24.
Acceptance of Poway Road West Improvements from Southland Paving, Inc.
(5252) (602-01, #161R)
Motion carried unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 92-10
PRO TRACK GRAND PRIX
APPLICANT: RICHARD DARR
Staff report by City Manager Bowersox. This item was continued from April 6,
1993 at the applicant's request. It is a request for a mini grand prix racing
track which will contain small gas-powered formula midget race cars along with
other amusements at 12957 Poway Road. Mr. Darr has requested an additional
continuance.
Council asked Mr. Darr why he desired another continuance. He responded that he
wanted an opportunity to run one of his cars to demonstrate the noise level for
the neighbors. Council concurred to go ahead with the public hearing since so
many members of the public were present.
Director of Planning Services Wright-Quastler stated the major impacts staff
considered were noise and light. Berming of the track and a masonry block wall
to separate this use from the residential uses will mitigate the noise, and
shielding the light standard will mitigate the light impacts.
Mr. Darr stated he had one of the cars in the parking lot and the Council
concurred to move the meeting outside for five minutes to allow Mr. Darr to
demonstrate the car for the public.
Speaking in favor of staff recommendation:
Lee Wister, 1098 Pinto Court, San Marcos, member of the Porsche Club of
San Diego.
Richard Darr, applicant
Mike Sandoval, 13044 Poway Road
John Ziebarth, 800 W. Ivy, San Diego, project designer
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Page 4 - CITY OF POWAY - April 20, 1993
Speakers in favor cited the need for recreational opportunities for the children
in Poway.
Councilmember Emery stated he had received a petition from Judy Puente and
received a lot of input from the neighbors. The major objections are to the
location, not the use. He stated he was not able to make the necessary finding
to approve this project and made a motion to deny. Motion seconded by
Councilmember Callery. City Attorney Eckis told Councilmember Emery he needed
to be comfortable that there is enough information in the written record to make
this decision and that he was not relying on information received outside the
meeting. Councilmember Emery withdrew his motion and Councilmember Callery
withdrew her second in order to take the rest of the public testimony.
Speaking in opposition to staff recommendation:
John Freitas, 13103 Seiler Street
Nanci Mizell, 12968 Ilene Street
Misty Medina, 13066 Tuscarora Drive
Eric Walt, 14419 Sespe Place
Bill Rickles, 13725 Utopia Road
Speakers in opposition spoke about crimes at other family fun centers,
incompatibility with residential uses, and effect on property values.
Following discussion, motion by Councilmember Emery to reinstate his motion to
close the public hearing and deny citing an inability to make the necessary
findings to approve. Motion seconded by Councilmember Callery and carried
unanimously.
ITEM 6 (203-05)
COUNTY USE PERMIT P77-71M
DEVELOPMENT REVIEW 93-02
APPLICANT: ST. JOHN OF DAMASCUS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On August 28, 1990 the City Council approved a modification to County
Use Permit P77-71M which proposed construction of a new sanctuary and additional
parking for the existing St. John of Damascus Orthodox Church at 16903 Espola
Road. There is no provision for time extensions and it expired on August 28,
1992 before completion of requirements for grading or building permit issuance.
The applicant is requesting reinstatement of the original approvals and
permission to phase a number of public improvement requirements for the project.
Staff recommends approval.
Speaking in opposition to staff recommendation:
David Hamann, 17033 Coyote Court, expressed concern regarding the parking
on Old Espola Road making access for emergency vehicles difficult and the
driveway for St. John's being on a blind curve making a dangerous traffic
situation.
James Berry, 17041 Coyote Court, showed photographs of vehicles parked on
both sides of Old Espola Road.
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Page 5 - CITY OF POWAY - April 20, 1993
Speaking in favor of staff recommendation:
Dr. George Schumaik, 4859 Casals Place, San Diego, Chairman of the
Church's building committee, stated that the driveway on Old Espola Road
is enter only. The exit is shared with Lutheran Church of the Incarnation
and exits directly onto Espola Road. The Temple Chabad will use St.
John's parking lot when it is finished which should lessen the parking on
Old Espola Road.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-93-18, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Reinstatement of
County Use Permit P77-71 and Development Review 93-02, Assessor's Parcel Number
273-820-09," and referred the matter of parking on Old Espola Road to the Traffic
Safety Committee. Motion carried unanimously.
ITEM 11 (704-10)
CODE VIOLATION COMPLAINT
LEA BURRELL, 14121MELODIE LANE
Staff report by Director of Planning Services Wright-Quastler. Staff received
a minor conditional use permit application from Ms. Burrell and her landlord
today. It is for 97 birds and the public hearing will be scheduled in May.
George Doup, 14153 Melodie Lane, stated he was unaware of this use until he read
the newspaper articles. To him, the birds are not noisy.
Christoper Doom, 17013 Ramsgate Drive, Santee, spoke in favor of the birds.
Laurie Krusinski, 14113 Ipava Drive, stated opposition to this use in a rural
residential neighborhood and cited the excessive noise.
Cheryl Wegner, owner of Animal Supplies of Poway, 12222 Poway Road, stated that
many of her clients are in violation of the City's ordinances if these birds are
defined as "exotic animals."
This matter will be scheduled for a public hearing on May 18, 1993.
ITEM 7 (1204-05)
PROPOSED RATE INCREASES FROM MWD,
SDCWA AND METRO SEWER SYSTEM
Staff report by City Manager Bowersox. In response to Council's request, staff
has prepared a report regarding upcoming rate increases from our water suppliers
and sewage processor. The Metropolitan Water District of Southern California
and San Diego County Water Authority's rate increases total $64 per acre foot,
a 19.8% increase. Funds are needed for capital projects to ensure a reliable,
high quality water delivery system. For Poway customers, the water rate will
rise from $1.36 per unit to $1.506. The Metro Sewage System maintenance and
operation charges will raise the sewer disposal costs by 28.1%, or from $36.42
per residence to $46.65.
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Page 6 - CITY OF POWAY - April 20, 1993
Motion by Councilmember Snesko to go on record as being opposed to any rate
increases in these economic times and encourage other cities to support our
position. There was no second.
Mayor Higginson stated that Assemblyman Goldsmith had invited him to attend a
meeting with MWD and SDCWA representatives.
Betty Rexford, 11570 Creek Road, stated she had also been invited to that meeting
and is opposed to rate increases.
City Attorney Eckis suggested that the City Council needs regular communication
with their SDCWA representative.
Council concurred to receive and file the report.
ITEM 8 (1170-10)
CRITERIA FOR WATER AND SEWER
SERVICE ALONG BEELER CANYON ROAD
Staff report by City Manager Bowersox. The city has been approached by property
owners within the City of San Diego regarding municipal water and sewer service
from Poway should their wells become contaminated or septic systems fail. Staff
is recommending service under restrictive conditions until permanent facilities
are provided by the City of San Diego.
Speaking in opposition to service from Poway: Larry Cruse, 13734 Utopia
Paul Rexford, 11570 Creek Road, read letter from Margaret Williams,
11674 Creek Road, and H. E. Hammerstead, 11624 Creek Road
Betty Rexford, 11570 Creek Road
Mike Fry, 12819 Selma Court
Jean Kuchenmeister, 15257 Skyridge Road
Speakers expressed concern that providing water and sewer service would
facilitate development in the City of San Diego in this area.
Motion by Councilmember Emery, seconded by Councilmember Callery that a policy
be prepared to state that water and sewer service will not be provided to
property within the City of San Diego. Motion carried unanimously.
ITEM 9 (102-05)
MEDIA RELATIONS POLICY
Staff report by City Manager Bowersox. To ensure that the city responds to all
media requests in an accurate and prompt manner, and to establish specific media
relations guidelines for staff to follow, a proposed media relations policy has
been prepared.
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Page 7 - CITY OF POWAY - April 20, 1993
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to approve the
Media Relations Policy. Motion carried unanimously.
ITEM 10 (I180-05)
COMMUNITY CONTRIBUTION REQUEST
RANCHO BERNARDO HIGH SCHOOL GRAD NITE
Staff report by City Manager Bowersox. The City Council donated $500 to the 1992
Rancho Bernardo High School Grad Nite Committee and the 1993 Committee has also
requested a donation. Staff recommends approval and the addition of a line item
to the 1993-94 budget for the 1994 Grad Nite.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve a
$500 Community Contribution to the Rancho Bernardo High School 1993 Grad Nite
Committee and include the appropriation of $500 in the 1993-94 budget. Motion
carried unanimously.
ITEM 11.1 (1180-05)
FOURTH OF JULY CELEBRATION
Staff report by City Manager Bowersox. The City has sponsored a Fourth of July
celebration at Lake Poway for the past two years. In 1992 a fireworks display
at Poway High School was included. This requires a financial commitment from the
City. Staff would suggest a ground breaking/ribbon cutting to open the railroad
at Old Poway Park, deletion of the day time activities at Lake Poway, and having
fireworks at Poway High School.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Cafagna to approve staff's proposal with the city funding 50% of the fireworks
cost. The remainder will come from fund raising in the community. Motion
carried unanimously.
ITEM 26
CITY ATTORNEY ITEMS
City Attorney Eckis stated it would not be necessary to hold a closed
session on whether or not to initiate litigation.
City Manger Bowersox stated that the Environmental Protection Agency
conducted a site inspection of Quik Chek on April 16, 1993 and has
requested and received up to $150,000 from the Oil Pollution Act fund to
initiate an emergency response to the continuing discharge of petroleum
product into Rattlesnake Creek. They plan to have a team on site tomorrow
to place absorbent booms into the creek.
Council commended Battalion Chief Garry MacPherson for his on-going
efforts to resolve this situation. (1403-05)
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Page 8 - CITY OF POWAY - April 20, 1993
MAYOR
28.
29A.
29B.
29C.
3OB.
31B.
31C.
City Attorney Eckis stated that the Ad Hoc Committee on Solid Waste
Management met on Monday and there was no agreement. The attorneys were
directed to jointly prepare an analysis of three organizational
structures: 1) the proposed Participation Agreement; 2) a joint powers
authority that would not operate facilities but be a bargaining group to
acquire services; and 3) a joint powers authority that would be both a
consumer and a provider.
Staff was instructed to add this to next week's agenda for discussion.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Callery reported on the Blue Sky Ranch Task Force meeting
held yesterday. Fish & Game did not present a budget or criteria for
budget cuts but just asked what the City would offer. They will meet
again in three weeks. Staff will add this to the agenda to discuss prior
to that meeting.
Councilmember Emery stated this item came from the same letter that
Councilmember Snesko has put on the agenda as Item 31A. City Manager
Bowersox stated that staff is preparing a map showing neighborhood park
needs in accordance with the General Plan criteria. This will come to the
City Council in June.
Councilmember Emery requested this item be removed from the agenda. He
has had his questions answered.
Councilmember Emery requested a phone jack be installed in the City
Council Chambers so that reporters can plug in their laptop computers.
Mayor Higginson stated in response to his query on April 6, 1993, staff
has prepared a report recommending criteria for map extensions are not
necessary. Council concurred to rescind Resolution No 85-095 and amend
the subdivision ordinance to provide for a three year initial map approval
with one two-year extension upon request.
Councilmember Snesko cited a problem of contractors using illegal workers
on job sites and making it difficult for U.S. citizens to get jobs. He
has talked to the INS about contracting for one agent that could tour job
sites and enforce the immigration laws. He suggested this be funded
jointly by several cities. Council concurred to investigate this further.
Councilmember Snesko reported that SanDistrict had met and agreed with
Poway's proposal regarding the weighted vote. The City of San Diego City
Council will consider the issue on April 26, 1992.
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Page 9 - CITY OF POWAY - April 20, 1993
ADJOURNHENT
Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, April 22, 1993.
The time of adjournment was 10:12 p.m.
Marjor~el~. Wahlsten, City Clerk
City o~way
4874
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE APRIL 2~ 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Emery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, April 22, 1993
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:12 p.m.
Marjorle~K. Wahlsten, City Clerk
City of~/~way, California
April 21, 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:oo a.m.
Dated at Poway, California, on April 21, 1993
Marjor/[e~K. Wahlsten, City Clerk
City o/ Pbway, California