CC 1993 08-31 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 31, lgg3
The August 31, 1993, 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 MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Bob Krans
Steve Streeter
Yolanda Collins
Patrick Foley
Penny Riley
City Manager
City Clerk
Assistant City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Battalion Chief
Assistant Director of Planning Services
Sheriff's Captain
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery 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:
Wayne Hallett, 13074 Tuscarora Drive, requested the City purchase
permanent targets for the archery range at Lake Poway. Cost would be
approximately $1,500. Staff will report back on September 14, 1993.
Bill Barnick, 14645 Sunrise Canyon Road, requested the City improve Espola
Road between Twin Peaks and Poway Roads. He also asked the status of a
site for a new library. Mayor Higginson stated there will be a report
from the site selection committee on September 14, 1993.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
August 17, 1993 Regular Meeting
12. Ratification of Warrant Registers for August 4, 1993 (FY 92-93),August 5,
and 12, 1993 (FY 93-94). (401-10)
13. Approval of City's Investment Report as of July 31, 1993.
(408-01)
14.
Denial of claims for damages: A) Genevieve Whittaker; B) Salvatore
DeMaria; C) Frank C. Woodruff. (704-13)
16.
Appointment of Suzanne Marin as Community Group Representative to the
Performing Arts Advisory Committee for a one-year period. (701-09)
17.
Approval of Reduction of Grading Security for Tech Business Center, TTM
89-08, subject to receipt of substitute security. (602-01, #835)
18.
Approval of Reduction of Grading Security for Poway Corporate Center, TTM
86-02R Phase 2 and 3), subject to receipt of substitute security(203-01)
19.
Approval of Reduction of Securities for La Paz Summit Unit II, TTM 89-03,
Premium Investors, applicant. (602-01, #946)
20.
Adoption of Resolution No. 93-130, entitled, "A Resolution of the City
Council of the City of Poway, Adopting the 1992 Regional Standard Drawings
with the City of Poway Supplement, and the 1991 Standard Specifications
for Public Works Construction with the San Diego County Regional
Supplement Amendments and the City of Poway Supplement Amendments," for
all public, private, and capital improvement projects within the City, and
authorizing City Engineer to make minor amendments without Council
approval. (805-04)
21.
Adoption of Resolution No. 93-131, entitled, "A Resolution of the City
Council of the City of Poway Consenting to the Inclusion of the City of
Poway in the Proposed County Service Area formed to Provide an 800MHz
Radio Communication System." (1205-02)
22.
Approval of Joint Exercise of Powers Agreement Among the County of San
Diego, State of California, City of Poway and City of Santee for the
Operation and Maintenance for Goodan Ranch Regional Park. (602-01, #997)
23.
Award of bid for supply of Reinforced Concrete Pipes to Ameron, Inc., in
the amount of $81,695.60 for the Community Road Storm Drain Improvements
(5277). (601-03)
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24.
Approval of law enforcement contract for 1993-94, totaling $3,446,680.
(602-01, #59)
25.
Adoption of Resolution No. 93-132, entitled, "A Resolution of the City
Council of the City of Poway Annexing Territory to the Sewer Improvement
District of the City of Poway Netolicky, Grimes, Payne, Agee, Kinney, and
Hilton Annexations. (William Netolicky, 14620 Pomerado Road, APN 314-820-
28; Paul & Carol Grimes, 16001 Martincoit Road, APN 275-271-29; Gary &
Robby Payne, 13862 Temple Street, APN 321-180-44; Greg Agee, 15842 Lime
Grove, APN 275-520-08; Joseph & Janene Kinney, 6511Avenida Florencia, APN
275-313-01; Laura Hilton, 13725 Putney Road, APN 317-121-19.) (1170-11)
26.
Adoption of Resolution No. 93-133, entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the East
community Park Ball Field Improvement Project (#5625) is of Benefit to the
Paguay Redevelopment Project." (806-01R)
27.
Adoption of Resolution No. 93-134, entitled, "A Resolution of the City
Council of the City of Poway, California Determining the Poway Creek Storm
Water Detention Basin (#5402) is of Benefit to the Paguay Redevelopment
Project." (806-0tR)
28.
Adoption of Resolution No. 93-135, entitled, "A Resolution of the City
Council of the City of Poway, California Determining the Water Treatment
Plant Upgrade Project is of Benefit to the Paguay Redevelopment
Project." (401-13R)
29.
Adoption of Resolution No. 93-136, entitled, "A Resolution of the City
Council of the City of Poway, California Determining the Scripps-Poway
Parkway - East End Project (#5261) is of Benefit to the Paguay
Redevelopment Project." (806-01R)
30.
Adoption of Resolution No. 93-137, entitled, "A Resolution of the City
Council of the City of Poway, California Determining the Poway High School
Baseball Field Lighting Project (#5623) is of Benefit to the Pa§uay
Redevelopment Project." (806-01R)
31.
Authorization to notify the local State Assembly Delegation of opposition
to SB 40 (Kopp) which would bar transportation agencies from receiving
funding from CalTrans or the California Transportation Commission unless
they adopt some financial restrictions. (701-11)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 419/FIRST READING
CABLE TELEVISION SUBSCRIBER RIGHTS
Mayor Higginson stated that the first reading of this Ordinance was continued
from July 27, 1993. He read the title, "An Ordinance of the City of Poway,
California Adding Section 5.60.381 on Subscriber Rights to Chapter 5.60 of the
Poway Municipal Code Relating to the Maintenance and Operation of Cable
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Communications or Cable Television Systems." Staff report by Director of
Community Services Thomas. Both Congress and the Federal Communications
Commission have adopted broad customer service standards. The proposed ordinance
establishes subscriber rights consistent with federal and state law.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading and continue the public hearing to September 14, 1993 for second reading.
Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 418/SECOND READING
ZC 93-02A/STOWE DRIVE & POMERADO
Mayor Higginson read the title of Ordinance No. 418, "An Ordinance of the City
of Poway, California Changing the Zoning Classification of Certain Property (ZC
93-02A)." Staff report by City Manager Bowersox. On July 13, 1993 the City
Council held first reading on this ordinance which would change the zoning of
approximately 6.60 acres on the southwest corner of Stowe Drive and Pomerado Road
from RS-2 to RA. Councilmember Cafagna stated he had been meeting with the
developers and representatives of the Southwest Poway Homeowners Association and
they have reached consensus that Residential Condominium (RC) would be an
appropriate zone for this property. It would reduce the proposed density and he
recommends this second reading be continued until thel next General Plan
Amendment. At that time a city-initiated GPA would be proposed to rezone to RC.
A Specific Plan would be required. In the meantime the developer will explore
changing his RA property north of Stowe Drive to RC.
Speaking in favor of Councilmember Cafagna's recommendation:
Neville Bothwell, 12729 Stone Canyon Road
Antonette Auburn, 12302 Old Stone Road
Robert Good, 12730 Soule Street
Motion by Councilmember Cafagna, seconded by Councilmember Callery to pull the
second reading of Ordinance No. 418 from the calendar and renotice it at the same
time of the next General Plan amendment when there will be a city-initiated GPA
to change this property to RC. Motion carried unanimously.
ITEM 6 (401-27)
TAX RATES FOR BOND DEBT SERVICE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City has two existing General Obligation Bond issues from the two
predecessor districts, Pomerado County Water District (sewer) and Poway Municipal
Water District. In order to collect the amount necessary to pay the principal
and interest on these bonds, a property tax rate must be set annually. Staff
recommends adoption of a Resolution setting the tax rates at $0.00274 for the
sewer bonds and $0.06118 for the water bonds.
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There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-138, entitled, "A Resolution of the
City Council of the City of Poway, California, Estimating the Amount Necessary
to be Raised for Taxation for the Fiscal Year 1993-1994 for Improvement Districts
of the City Formerly Known as Poway Municipal Water District and Pomerado County
Water District." Motion carried unanimously.
ITEM 7 (602-01, #970)
REIMBURSEMENT AGREEMENT AMENDMENT
STONE CANYON ROAD SEWER MAIN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. A reimbursement agreement for a sewer main extension in Stone Canyon
Road and Fallen Leaf Road was approved by the City Council on March 23, 1993.
The contractor encountered rock and ground water during construction which added
to the construction cost and warrants an amendment to the reimbursement
agreement. The original amount to be reimbursed to the LaSalle Talman Bank
whenever a property owner connected to the sewer main they constructed was
$4,738.32. Amendment to recover the actual costs of construction would raise
that amount to $15,705.32 for each of the 14 benefiting property owners.
However, this report was prepared and distributed while the City Manager was on
vacation and, in looking at the big picture, he would recommend this item be
continued in order for staff to look at alternative ways of spreading the cost
to include the additional lots east on Stone Canyon who will ultimately benefit
from the line being brought this far.
Speaking in opposition to staff recommendation:
Ted Grosser, 13232 Stone Canyon Road
Nancy Lynch, 13270 Stone Canyon Road
Speakers objected to the short notice given of this proposed change and objected
to the large proposed increase.
Speaking in favor of staff recommendation:
Don Ayles, ERB Engineering, 13260 Poway Road, engineer for the project
explained the preliminary tests done in an attempt to determine if there
was rock in this area. He requested the reimbursement agreement be for 15
years rather than 10.
Motion by Councilmember Cafa§na, seconded by Councilmember Callery to continue
this public hearing to September 28, 1993. Motion carried unanimously.
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ITEM 8 (203-04)
VARIANCE 93-09
APPLICANT: MARTIN HALL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to allow a swimming pool to observe
a five and one-half foot street side yard setback when the zone requires a 20
foot setback, at 16269 Rostrata Hill Road. Staff recommends approval.
Speaking in opposition to staff recommendation:
Wayne Richards, 16257 Oak Creek Trail, who stated the pool should be moved
to conform and should never have been permitted.
City Manager Bowersox explained that the variance is required because there is
a road easement over the property. Without that easement a variance would not
have been required. The pool company submitted the plans for a building permit
without showing the easement. He also suggested a condition be added to require
removal of the green mesh on the existing chain link fence.
Speaking in favor of staff recommendation:
Martin Hall, 16269 Rostrata Hill Road. He stated the mesh is for the
plants to grow on. Director of Planning Services Wright-Quastler said it
should be removed by September 30, 1993.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-43, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 93-09,
Assessor's Parcel Number 275-720-34." Motion carried unanimously.
ITEM 9 (1170-08)
RECLAIMED WATER DISTRIBUTION PLAN
Item introduced by City Manager Bowersox. Staff report by Director of
Engineering Services Weston. Greeley &Hansen has finished amaster plan for the
reclaimed water distribution system for North Poway. The purpose of the
Reclaimed Water Distribution System Master Plan Phase III is to present the
results of an analysis involving the potential connection to the planned
Escondido Reclaimed Water system to satisfy nonpotable water demands in North
Poway. It suggests that reclaimed water purchased from Escondido will be equal
to or less than the cost of potable water. It assumes a continual incentive
program from the County Water Authority and assumes the development of the Old
Coach project which will construct a portion of the project and use some of the
water for landscaping and golf course irrigation.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to accept the Reclaimed Water Distribution Master Plan Phase III (North
Poway) and direct staff to proceed with permitting, environmental review, and
coordination with the City of Escondido regarding the purchase and use of
reclaimed water. Motion carried unanimously.
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CITY ATTORNEY ITEMS
Assistant City AttorneX Smith requested closed sessions pursuant to Government
Code §54956.9(a), pending litigation, City of Poway v. Parkway Business Center
and Smith v. City of POWay.
MAYOR AND CITY COUNCIL~INITIATED ITEMS
34A. Councilmember Caf~§na announced he had interviewed fifteen people in order
to get a balanced group for the Ad Hoc Horse Boarding Facilities
Committee. The following persons are willing to serve: Connie Griffin
(affected neighbor); David Gillespie (boarding facility owner); Norm
Switzer (veterinarian); DeAnne Erickson (horse owner); Jack Mitchell (non-
affected citizen); and himself. Motion by Councilmember Emery, seconded
by Councilmember Callery that the listed persons serve as the Ad Hoc Horse
Boarding Committee. Motion carried unanimously.
34B. Councilmember Ca~agna said the Poway Rodeo Committee has asked if they can
use their existling 4 x 8 signs that they normally put at major
intersections ra~her than using the community event kiosks. Jerry Long,
12237 Old Pomerado Road, member of the Committee, spoke in favor of their
request. Councili concurred that they could use their signs this year at
the usual locatiqns; however they cannot add any new signs and must phase
into using the kiosks next year.
36A. Councilmember Emqry stated he understood the Fish & Game Department will
be prohibiting mquntain bicycles and horses from using the existing Green
Valley Truck Trail that goes through Blue Sky Ranch. This is an access
road that is us6d by vehicular traffic and should allow bicycles and
horses. Staff w~s directed to work with Fish & Game to ensure continued
use of the graded road.
36B. Councilmember Emery stated that Sheriff Roache has been quoted recently
regarding cuts hR will be making in his department because of lack of
funding. He asked that we ensure we still get the services we pay for and
be aware of when it might be economical to start our own police
department. Council concurred.
37. Mayor Higginson istated several constituents have asked his position on
TwinPorts, a Bin~tional airport in the Otay Mesa area as a replacement for
Lindberg Field. ~He stated that personally he supports the expansion of
Lindberg Field but since SANDAG will be discussing it again he wanted the
City Council to ~iscuss it.
Chula Vista Mayo~ Tim Nader and Vincent Hall, Congressman Bob Filner's
District Director, spoke in opposition to TwinPorts.
Following discussion, motion by Councilmember Snesko, seconded by
Councilmember Emery to request SANDAG to stop spending any additional
funds for any further study of TwinPort. Motion carried unanimously.
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38A.
38B.
38C.
Councilmember Snesko stated the discussion of a joint venture with North
County InterFaith Center to provide housing for Poway homeless could be
continued to September 7, 1993.
Councilmember Snesko made a motion that the City Council approve the
concept of two legislative proposals: one that would enable local
governments to jointly or individually contract with the Immigration
Naturalization Service to provide additional officers to enforce employer
sanctions upon businesses that are hiring illegal aliens; and one that
would enable local government to enforce employer sanctions via their own
law enforcement agency or code enforcement officers. Further that the
City Council agree to study the possibility of becoming involved in a
pilot project with other San Diego County government agencies if such a
project is approved by the INS.
Following discussion Councilmember Snesko withdrew his motion.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to set
up a workshop with the INS and legislators to discuss these issues.
Motion carried unanimously. (1501-12)
Councilmember Snesko made a motion, seconded by Councilmember Emery that
we study the costs of having the Poway Sheriff's Office, when contacting
suspected illegal aliens who have broken the law, hold them until such
time the Border Patrol takes them into custody. Sheriff's Captain Collins
cites some of the concerns they have with this proposal and Council
requested she report back in two weeks. In the meantime Councilmember
Snesko stated he would meet with the Sheriff's legal department to discuss
this. (1501-12)
CLOSED SESSION
Mayor Higginson called for a closed session at 9:15 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:55 p.m. and stated the City
Council had instructed the Attorney during closed session. Upon motion by
Councilmember Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered
the meeting adjourned. The time of adjournment was 9:56 p.m.
Marjor~Wahlsten, City Clerk
City off,way
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