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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. 4866 Page 2 - CITY OF POWAY - April 20, 1993 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) 4867 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 4868 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. 4869 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. 4870 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. 4871 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) 4872 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. 4873 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