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:
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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
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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.
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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
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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
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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
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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
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