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CC 1993 10-12 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 12, 1993 The October 12, 1993, regular meeting of the City Council of the City of Poway, was called to order at 7:04 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 NEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter Yolanda Collins David Narevsky Patrick Foley Penny Riley 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 Director of Public Services Director of Safety Services Assistant Director of Planning Services Sheriff's Captain Redevelopment Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PROCLAMATION Mayor Higginson proclaimed October 23-31, 1993 as "Red Ribbon Week" and presented the proclamation to Tammy Rollins, Wellness Coordinator for Poway Unified School District. PRESENTATION Mayor Higginson presented plaques of appreciation to Tom Tremble and Bill Robertson, members of the Budget Review Committee from January, 1992, to July, 1993. Members not present to receive their plaques included Don Blackwell, Mary Smith, James Crosby and Mary Cross. STATE OF THE CITY ADDRESS Mayor Higginson presented his "State of the City Address" and urged the Council consider becoming a Charter City and placing this on the November, 1994 ballot. PUBLIC ORAL COMMUNICATZONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: 5011 Page 2 - CITY OF POWAY - October 12, 1993 William Scandalis, 12881 Indian Trail, spoke about the importance of the United Poway Swim Club to the community. Ricki Peitchel, 12881 Indian Trail, requested assurance that they will be able to pay for private hours for the United Poway Swim Club through June, 1994 and not run out in March. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Snesko, to adopt the Consent Calendar as follows: 13. Approval of Minutes - City Council September 21, 1993, Regular Meeting 14. Approval of Minutes - Redevelopment Agency September 21, 1993, Regular Meeting 15. Approval of Amended Minutes for August 3, 1993, Regular Meeting.(701-10) 16. Denial of claim for damages: Lindsay Stubbs. (704-13) 17. Approval of Second Amendment to McMillin Equity Partners II Development Agreement for Tentative Tract Map 88-04R amending the payment schedule for Scripps Poway Parkway reimbursement. (602-01, #874) 18. Adoption of Resolution No. P-93-49, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 93-64," for a bicycle race and running event on October 24, 1993, to celebrate the opening of the Scripps Poway Parkway; McMillin Communities, applicant. (203-07) 19. Award of bid for construction of Community Road Storm Drain Improvements to TC Construction in the amount of $149,846.00. (602-01, #204R) 20. Continued to October 26, 1993, Approval of assignment of the lease for the South Poway Sports Park. {602-01, #175R) Motion carried unanimously. ITEM 6 (203-02) TENTATIVE PARCEL MAP 93-01 APPLICANT: JIM FAABORG AND SHARON BURGREEN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide a 5.63 acre parcel into two residential lots at 14130Tierra Bonita Road. He noted that the condition requiring purchase of a Letter of Availability can be deleted since this property will use a septic system. Staff recommends approval. Speaking in favor of staff recommendation: Don Patch, 14005 Midland Road, requested clarification about the 5012 Page 3 - CITY OF POWAY - October 12, 1993 equestrian trail fencing; option to fire sprinkle rather than install a fire hydrant. City Manager Bowersox stated that fencing is required only in areas where there are safety concerns. Director of Safety Services Sanchez stated that a fire hdyrant is required under the Uniform Fire Code. Marty Montgomery, La Costa Engineering, 1967 N. Highway 101, Encinitas, asked that the open space be given as an easement, not in fee title. City Manager Bowersox stated the Council's policy is to require the open space be given in fee title. Carolyn Rocha, 14033 Eastern St. turned in a slip asking if the equestrian trail would be continued from Adrian Street to Tierra Bonita. She did not speak when staff stated it will be. Motion by Councilmember Snesko, seconded by Councilmember Emery, to close the public hearing; issue a Negative Declaration with mitigation concerning preservation of coastal sage scrub, and adopt Planning Resolution No. P-93-50, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 93-01, Assessor's Parcel Number 321-180-72," as amended. Motion carried unanimously. ITEM 7 (203-01) TENTATIVE TP~ACT MAP 89-07TE(2) APPLICANT: N.V. KRIKORIANTZ Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a second one-year time extension for TTM 89-07 which subdivides 6.55 acres into six lots located on the northwest side of Stone Canyon Road, 150 feet north of Wildflower Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing; find the previously adopted Negative Declaration adequately addresses concerns; and adopt Planning Resolution No. P-93-51, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 89-07TE{2), Assessor's Parcel Number 275-241-01, 36 & 38." Motion carried unanimously. ITEM 8 (1501-12) SHERIFF AND ILLEGAL IMMIGRANTS Staff report by City Manager Bowersox. The City Council requested information regarding establishing a policy directing the Sheriff's Department to detain suspected illegal immigrants for the Border Patrol. The Sheriff's current policy allows detainment up to one hour. Depending upon the circumstances they may have to release the individual prior to an hour's time. Additionally, Judge Malkus has ruled that persons committing misdemeanors cannot be jailed, they are issued citations. Councilmember Snesko has expressed concern that many of the illegal immigrants don't respond to citations and they know they will be released after being cited which creates an inequality between citizens and the illegal immigrants. 5013 Page 4 - CITY OF POWAY - October 12, ]993 Councilmember Snesko stated he has met with representatives of the Sheriff's department and the INS since he first brought this to the Council. The Sheriff's representatives were concerned about three matters: 1) their inability to jail misdemeanants as a result of Judge Malkus' order; 2) the legality of establishing a separate policy for illegal immigrants; and 3) their concern about Poway establishing a policy that was not in force in other areas. He proposed three actions: 1) to direct the City Attorney to petition Judge Malkus for relief from his order preventing the incarceration of certain misdemeanor defendants; 2) contract with the County of San Diego to provide 20 beds for arrested Poway misdemeanor defendants {he stated he had been told there were 500 beds available); and 3) direct the Poway Sheriff, when citing misdemeanor defendants who are unable to prove their identity, to arrest and book them unless they are in this country illegally, and if they are, to turn them over to the Border Patrol. If the Border Patrol is unable to respond in a "reasonable" time, the Sheriff would then book the defendant in our system and transport them to jail. There was no second. Councilmember Cafagna asked Sheriff's Captain Collins what effect the release of Judge Malkus' order would have on their activities. She responded that they could arrest misdemeanants. Councilmember Emery asked where the 500 empty beds were since he understood the reason for Judge Malkus' order was the lack of available beds. Councilmember Snesko stated it was in SANDAG's latest crime report. Councilmember Cafagna offered to second the first part of the motion and asked for more information on the other two parts. City Attorney Eckis stated it was one motion, not three separate ones. Motion by Councilmember Snesko to submit part 3 of his motion to Sheriff Roache for a response in two to three weeks. Councilmember Cafagna seconded the motion. It failed on a 2-3 vote with Councilmember Callery, Councilmember Emery and Mayor Higginson voting "no." Council concurred this is a complex issue and Mayor Higginson suggested Sheriff Roache and Commander Jay LaSuer be invited to a Council meeting to discuss these items in more depth. ITEM 9 (203-11) GENERAL PLAN AMENDMENT 93-03 Staff report by City Manager Bowersox. This item initiates the third of four possible General Plan amendments in 1993. It would amend the Housing Element in order to comply with requests made by the State Department of Housing and Community Development, change the land use designation of property on the west side of Pomerado Road at Stowe Drive from Residential Apartment to Residential Condominium, amend the Land Use Element to permit development at eight dwelling units per acre in the RS-7 zone, and amend the Public Facilities Element to establish standards for "pocket parks" and to redesignate Lake Poway Park as a community park. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt 5014 Page 5 - CITY OF POWAY - October 12, 1993 Resolution No. 93-147, entitled, "A Resolution of the City Council of the City of Poway, California, Initiating General Plan Amendment 93-03," adding wording about changing the land use designation for the Aviano/Bothwell property. Motion carried unanimously. ITEM 10 (203-21) INITIATING SPECIFIC PLAN 93-01 Staff report by City Manager Bowersox. This will initiate a specific plan for parcels west of Pomerado Road, north and south of Stowe Drive, totaling approximately nine acres, to establish density and development standards for the ultimate development of the property under the Residential Condominium zone. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 93-148, entitled, "A Resolution of Intent of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of the Pomerado Road/Stowe Drive Specific Plan {SP 93-01)." Motion carried unanimously. ITEM 11 (203-11) REMOVAL OF COASTAL SAGE SCRUB Staff report by Director of Planning Services Wright-Quastler. Staff is proposing a policy which would allow for removal of low-quality coastal sage scrub habitat up to 5 percent of the total within the Poway city limits based upon a letter received from the Fish and Wildlife Service that this removal of habitat not occupied by gnatcatchers does not constitute a violation of the Endangered Species Act and using draft guidelines of the Natural Communities Conservation Program (NCCP}. Speaking in opposition to staff recommendation: Mike Fry, 12819 Selma Court Motion by Councilmember Cafagna, seconded by Councilmember Snesko to adopt Resolution No. 93-149, entitled, "A Resolution of the City Council of the City of Poway, California Establishing a Policy Concerning Removal of Coastal Sage Scrub of Lower Potential Value." Motion carried 3-2 with Councilmembers Callery and Emery voting "no." ITEM 12 (1601-11R) POWAY ROYAL MOBILEHOME ESTATES RENT City Manager Bowersox stated that the complete staff report was distributed to each resident of the mobile home park, as well as to every realtor with a listing in the park. On September 28, 1993, several residents from the Poway Royal Mobilehome Estates spoke under Public Oral Communications regarding the five percent rent increase scheduled to go into effect on January 1, 1994. The City Council requested a report. Staff has prepared a report giving the history of the purchase of the park, financing of the purchase; maintenance issues; and creation of the Housing Commission. Staff recommends this issue be referred to the Housing Commission since their charter gives them responsibility for rent 5015 Page 6 - CITY OF POWAY - October 12, 1993 increases. Speaking in opposition to staff recommendation: Daniel Albert, 12818 E1Rey Vista Sylvia Nicpon, 13325 Buena Vista Candace Griffin, 13225 Casa Vista Dorothy Thompson, 13108 Dana Vista Betty Almand, 13689 Cynthia Lane, #2 Speakers suggested the park was purchased for real estate speculation; asked that rents be frozen; stated they were not told about the proposed rent increases; and stated the Council had promised to make Poway Royal an affordable place to live. Councilmember Cafagna made a motion that the City Council recommend to the Housing Commission a postponement of 90 days of the proposed rent increase to allow a subcommittee of the City Manager and Council to look at alternative financing for the park debt. Motion carried unanimously. Councilmember Callery offered to work with Councilmember Cafagna on this subcommittee. Mayor Higginson stated he will be sending a letter to the Housing Commission with recommendations that came out of his tour of the park. Council also requested that a workshop be scheduled with the Housing Commission as requested last spring. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:00 p.m. and called it back to order at 9:15 p.m. with all Councilmembers present. ITEM 12.1 (1206-02) COX CABLE RADIO PROGRAMMING CHANGES Staff report by City Manager Bowersox. On October 5, 1993, a citizen reported that Cox Cable is discontinuing their connection for radio reception. This is not a required service and staff recommends a letter be sent to the Federal Communications Commission requesting such a requirement. Council concurred. CITY MANAGER ITEMS 21. City Manager Bowersox commended staff and the contractor for their completion of reconstructing the surface of Espola Road between Poway Road and Range Park over the week-end. Inspectors worked 12 hour shifts. CITY ATTORNEY ITEMS 22A. City Attorney Eckis stated that the City Council has requested an analysis of the impact of Proposition 174, the school voucher initiative, may have on local zoning control over private schools and his analysis shows there is a limitation on the regulation by local entities. Council thanked him for the information. 22B. City Attorney Eckis stated the City Council requested a report regarding 5016 Page 7 - CITY OF POWAY - October 12, 1993 any city jurisdiction over SDG&E's proposed 36" gas transmission line. Previously he had told the Council that SDG&E had the right to place facilities in public right-of-way under their franchise agreement. There is a question as to whether this right extends to facilities not necessary to serve Poway customers. The second issue is whether SDG&E must demonstrate the safety of the project prior to the issuance of a right of way permit. SDG&E representatives stated they are willing to meet with the City and the community and requested someone from the staff or Council work with them on an agenda for that meeting. Councilmember Snesko and Councilmember Callery volunteered to work with them. NAYOR AND CITY COUNCIL-INITIATED ITEMS 27A. Councilmember Snesko asked about the status of the Library Advisory Committee. Council concurred that their past action was that the Committee would remain active until the groundbreaking for a new library. 27B. Councilmember Snesko stated the Sheriff's department needs laptop computers for the deputies to use in the field. Captain Collins stated that five laptops have been ordered using asset seizure funds, but they could use three more. Staff will look into it. 27C. Councilmember Snesko requested staff prepare a report on what the Sheriff's Department space needs are in Poway. 26A. Mayor Higginson distributed an analysis done for the San Marcos City Council by their City Attorney regarding the advantages and disadvantages of being a charter city. There can be economic advantages and Council concurred to have the City Manager and City Attorney look at this issue with a possible ballot measure for November, 1994. 26B. Mayor Higginson stated he has apologized to Carlsbad's Mayor Bud Lewis for the stories in the press regarding Councilmember Snesko suggesting Lego could build their theme park in Poway if they were not welcome in Carlsbad. He suggested we need an approved process of who solicits tenants in the business park and what type of tenants we are interested in. Since this discussion was not scheduled on the agenda, Mayor Higginson requested it be put on his item for October 26, 1993 meeting. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:30 p.m. on motion by Councilmember Emery. seconded by Councilmember Callery. Marjo~ie~K. Wahlsten, City Clerk City ~way 5017