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CC 1993 11-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 9, 1993 The November 9, 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 HEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Patrick Foley Jim Bentz Karen Axall ,PLEDGE OF ALLEGIANCF 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 Principal Management Analyst Community Services Manager Sheriff's Lieutenant Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATION TO LESTER J. BERGLUND Mayor Higginson announced that Operations Manager Lester J. Berglund was retiring after thirty-nine years of service with the Poway Municipal Water District and City of Poway. Robert Duckett, aide to Assemblyman Goldsmith, presented a Resolution of Appreciation from the State Assembly to Mr. Berglund. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 93- 160, entitled, "A Resolution of the City Council of the City of Poway, California Naming the Water Filtration Plant at Lake Poway the Lester J. Berglund Water Treatment Plant in Honor of his 39 Years of Dedicated Service to the Poway Municipal Water District and City of Poway." Motion carried unanimously. ,pUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 5038 Page 2 - CITY OF POWAY - November 9, 1993 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the Consent Calendar as follows: 15. Approval of an agreement between the City of Poway/Poway Redevelopment Agency and BSI Consultants, Inc. for Engineering Services for Fiscal Year 1993-94. (602-01, #95) 16. Acceptance of Creek Road Sewer Main, from Stage Stop Drive to Creek Road; from C.E. Wilson. (1806) (602-01, #975) 17. Award of bid for the installation of the street lights on Tobiasson Road to Patterson Brothers Lighting Inc., in the amount of $5,004. (1317) (602-01, #1000) 18. Award of bid for the construction of the Community Park East Ballfield #2 to Heffler Company, Inc., in the amount of $63,700.50. (5625) (602-01, #205R) 19. Adoption of Resolution No. 93-161, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 86-3 (Subzone B) With the Annexation of APN 317-021-10 With Written Consent of Property Owner," Baker and Farajzadeh, a General Partnership applicant; located near the northwest corner of Pomerado Road and 9th Street (DR 92-08). (705-12) 20. Adoption of Resolution No. 93-162, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 86-3 (Subzone B) With the Annexation of APN 317-101-07 With Written Consent of Property Owner," St. Mar Enterprises (Taco Bell) applicant; located on the northeast corner of Tarascan and Poway Roads (CUP 92-08). (705-12) 21. Adoption of Resolution No. 93-163, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Application for Grant Funds from the Used Oil Recycling Fund Under the Used Oil Recycling Enhancement Act for Residential Public Education and Collection of Used Oil and Oil Filters Within the Jurisdiction of the City of Poway(401-30) 22. Ratification of Warrant Register - October 21, 1993 (401-10) 22.1 Approval of an additional contribution of $3,500 for the construction of bocce ball courts at Community Park. (1401-01R) 22.2 Award of contract to GFH Landscape Architecture for landscape architect services. (602-01, #1003) 5039 Page 3 - CITY OF POWAY - November 9, 1993 Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 423/SECOND READING ZONING ORDINANCE AMENDMENT 93-05 Mayor Higginson read the title of Ordinance No. 423, "An Ordinance of the City of Poway, California, Amending Sections 17.08.060 and 17.08.170 of the Poway Municipal Code Relating to the Density Allowed and Development Standards for the Residential Single-Family 7 (RS-7} Zone (ZOA 93-05)." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to waive further reading, close the public hearing and adopt Ordinance No. 423 Motion carried unanimously on a roll call vote. ' ITEM 5 (701-04) ORDINANCE NO. 424/SECOND READING ZONING ORDINANCE AMENDMENT 93-06 Mayor Higginson read the title of Ordinance No. 424, "An Ordinance of the City of Poway, California, Adopting Sections 17.26.100 - 300 of the Poway Municipal Code Establishing Inclusionary Housing Requirements (ZOA 93-06}." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to waive further reading, close the public hearing and adopt Ordinance No. 424. Motion carried unanimously on a roll call vote. ~TEM 6 (701-04) ORDINANCE NO. 425/SECOND READING ZONING ORDINANCE AMENDMENT 93-07 Mayor Higginson read the title of Ordinance No. 425, "An Ordinance of the City of Poway, California, Amending Chapter 17.44 of the Poway Municipal Code Regulating Non-Confirming Uses, Structures, Screening and Performance Standards (ZOA 93-07)." There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Emery to waive further reading, close the public hearing and adopt Ordinance No. 425. Motion carried unanimously on a roll call vote. 5O4O Page 4 - CITY OF POWAY - November 9, ]993 ITEM 7 (701-04) ORDINANCE NO. 426/SECOND READING ZONING ORDINANCE AMENDMENT 93-0~ Mayor Higginson read the title of Ordinance No. 426, "An Ordinance of the City of Poway, California, Amending Chapter 17.10 of the Poway Municipal Code to Allow Mixed Use Development in Commercial Zones (ZOA 93-08)." There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Emery to waive further reading, close the public hearing and adopt Ordinance No. 426. Motion carried unanimously on a roll call vote. ITEM 8 (701-04) ORDINANCE NO. 427/SECOND READING ZONING ORDINANCE AMENDMENT 93-0q Mayor Higginson read the title of Ordinance No. 427, "An Ordinance of the City of Poway, California, Amending Chapter 17.40 of the Poway Municipal Code, Comprehensive Sign Regulations {ZOA 93-09)." Speaking in opposition to special events signage regulations: Lynette Perkes, 15832 Lime Grove Road Ms. Perkes objected to ground mounted inflatable balloons being allowed to be higher than the roofline, and to the number of temporary sign permits allowed for grand opening and special sales for a single business. Following discussion, motion by Mayor Higginson, seconded by Councilmember Emery to waive further reading, close the public hearing and give direction to staff to review the effects of these changes in one year and report back to the Council. Motion carried unanimously. Motion by Mayor Higginson, seconded by Councilmember Emery to adopt ordinance No. 427. Motion carried 4-1 on a roll call vote with Councilmember Callery voting "no. i~ ITEM 9 (203-08) CONDITIONAL USE PERMIT 93-08 VARIANCE 93-15 MINOR DEVELOPMENT REVIEW 93-47 APPLICANT: ROGER MOHLING Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. 5041 Page 5 - CITY OF POWAY - November g, 1993 This is a request to relocate a 1,370 square foot historic house from La Jolla to a 11.2 acre site on Coyote Creek as a second living unit. A variance from the required four-to-one ratio between the size of a secondary and main living unit is sought. The historic structure may not be added on to. If the four-to-one ratio were required to be maintained, excessive grading and a lot of trees would result in creating a pad large enough for a 5,480 square foot main house. Staff recommends approval. Speaking in opposition to staff recommendation: Mike Lasater, 16222 Coyote Creek, objected to allowing a rental unit in this rural area. Speaking in favor of staff recommendation: Pamela Underwood, 15376 Running Deer Trail Roger Mohling, 13911 York St. Marie Lia, 427 "C" Street, #416, San Diego, historic structure consultant John Henderson, 4879 Academy Street, San Diego, architect and historic preservationist Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. 93-56, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 93-03, Variance 93-15 and Minor Development Review 93-47, Assessor's Parcel Number 278-210-14." Motion carried unanimously. (Councilmember Emery left the room.} ITEM 10 (203-08) CONDITIONAL USE PERMIT 89-12 MODIFICATION MINOR DEVELOPMENT REVIEW 93-50 APPLICANT: CHRISTIAN LIFE ASSEMBLY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to site a detached 1,440 square foot modular building on the lot located at 14061 Twin Peaks Road which is immediately south of the Christian Life Assembly Church. This will be used as a third modular classroom unit. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-93-57, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 89-12M{2} and Minor Development Review 93-50, Assessor's Parcel Number 321-190-07." Motion carried 4-0 with Councilmember Emery out of the room. 5042 Page 6 - CITY OF POWAY - November 9, 1993 ITEM 11 (203-04) VARIANCE 93-18 APPLICANT: JAMIE AHRENSBERG Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 640 square foot room addition at 14903 La Manda Drive. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Cafagna, to close the public hearing, and adopt Planning Resolution No. P-93-58, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-18, Assessor's Parcel Number 314-682-03." Motion carried unanimously. ITEM 12 (701-04) ORDINANCE NO. 421/SECOND READING ZONE CHANGE 93-03A Mayor Higginson read the title of Ordinance No. 421, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property {ZC 93-03A)." There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to waive further reading, close the public hearing and adopt Ordinance No. 421. Motion carried unanimously on a roll call vote. ITEM 13 (701-04) ORDINANCE NO. 422/SECOND READING ZONE CHANGE 93-03B Mayor Higginson read the title of Ordinance No. 422, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property (ZC 93-03B)." There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to waive further reading, close the public hearing and adopt Ordinance No. 422. Motion carried unanimously on a roll call vote. 5O43 Page 7 - CITY OF POWAY - November 9, 1993 ITEM 14 (1401-01) COMMUNITY SWIM CENTER NEEDS ASSESSMENT Staff report by City Manager Bowersox. During the past several meetings, the City Council has discussed several issues related to the swim center which have been brought up by the public and swim team representatives. This report prepared by the Sports Subcommittee addresses some of those issues. Councilmembers Cafagna and Callery met with the swim team people and will have a report ready on December 7, 1993 regarding their concerns. It may be beneficial to continue action on this report until that meeting. Members of the public present to speak included: Joy Fodor, 13141 Tawny Way, who reiterated her proposal made October 26, 1993, Item 14, to have one lane reserved for private use, two for lap circle swimming and seven for the swim teams. John Kane, 14635 Twin Peaks, thanked the Council for the seniors aquatic program. C. Anton Springers, 13514 Los Olivos Avenue, stated the pool is open for less hours and the fees are higher. Chris Jensen, 12719 Robison Boulevard, asked that no more than 50% of the lanes be allocated to the swim teams at any one time and asked why they are allowed to use the pool on Saturdays when it is closed to the public. David Hassell, 13116 Dana Vista, stated many of the swim team members do not live in Poway, and requested lap swimmers be allowed to use the pool on Saturday when the swim teams do. Ken Kimball, 13308 Jonathan Park Lane, stated that swim teams give a lot to the community. Councilmember Snesko read a letter from William Muter regarding the number of private hours subsidized by the city for the swim teams and suggested they be terminated as a cost cutting measure. Motion by Councilmember Emery, seconded by Councilmember Callery to continue this report to December 7, 1993 as suggested by staff. Motion carried unanimously. ITEM 14.1 (1504-10) LAW ENFORCEMENT ISSUES Staff report by City Manager Bowersox. The City Council requested representative from the Sheriff's Department to discuss several issues 5044 Page 8 - CITY OF POWAY - November 9, 1993 regarding the booking of misdemeanants. Additionally, staff was requested to look into funding lap-top computers and provide a report on the space needs of the Sheriff's department. Some lap tops have been ordered using the County's asset seizure fund. There are funds available in Poway's name for one additional. The current substation is 5,782 square feet. The contract with the County requires them to provide a facility with adequate space for 55 personnel which would be approximately 15,000 square feet. Staff recommends the city furnish a facility and lease it back to the County. The Sheriff's Department book misdemeanor violations which involve domestic violence and under the influence of alcohol and/or drugs. Other misdemeanants are cited and released under an order handed down by Judge Malkus as part of the settlement regarding jail overcrowding. Maudy Bobbitt, Assistant Sheriff, Jim Painter, Detention Director, and Rick Pinker, County Counsel for the Sheriff's Department, were present to discuss this item with the City Council. Councilmember Snesko made a motion that the Sheriff institute a six month trial that any person cited for misdemeanors be taken into custody until their identity is verified, then cited and released. There was no second. Mr. Pinker noted that not having identification is not a crime and explained the procedure followed by the Sheriff when someone is stopped for a misdemeanor. Mayor Higginson asked if the City could pay for bed space in the jail. Mr. Painter stated that available bed space is dependent on staffing. Even though there may be empty beds, the Sheriff's Department may not have staff available to have them filled. Councilmember Snesko asked if we could request County Counsel to ask for relief from the Court order regarding citing and releasing misdemeanants. City Attorney Eckis stated that we could. Councilmember Snesko asked if we could make the request to the Court directly. City Attorney Eckis stated the City has no right to intervene, it would have to be at the Court's discretion. Motion by Councilmember Snesko to request the Sheriff to institute a six month policy that would incarceratemisdemeanants until their identity is proven. City Attorney stated that before he would file a motion he would like to try and talk to Judge Malkus. Councilmember Snesko withdrew his motion. Councilmember Snesko made a motion that the City attorney contact Judge Malkus and investigate getting relief from his order. There was no second. Councilmember Emery stated he wanted more information regarding the implications of taking deputies off the street to transport misdemeanants to the jail and what we would be charged for booking fees. Councilmember Cafagna stated the Sheriff should be able to do an analysis of citations issued and tell what that impact would be. 5045 Page 9 - CITY OF POWAY - November 9, 1993 Motion by Councilmember Cafagna to have the City Attorney review the letter received from Sheriff Roache today and make a recommendation to the City Council regarding whether it's prudent to sit down with the judge. There was no second. Poway Sheriff's Lieutenant Karen Axall answered some questions about the procedure on transporting prisoners to the jail from Poway. Poway does not have a holding cell so it is one officer to one prisoner in the transport. Council concurred with staff recommendation to appropriate funds from the asset seizure account for the lap top computer; begin looking for a facility for the Sheriff's Department; and receive and file the report regarding misdemeanor arrests. CITY ATTORNEY ITEMS 24A. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9{a), pending litigation, City of Poway v. Parkway Business Center. 24B & C. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9{c}, whether or not to initiate litigation. 24D. City Attorney Eckis requested a closed session pursuant to Government Code §54956.8 to instruct negotiator in proposed lease or sale of real property. The property is the Longs Drug Store and the negotiator for the lessee is Stanley Boney. Negotiator for the City is the City Manager. JOINT MEETING WITH THE LIBRARY ADVISORY COMMITTEE Mayor Higginson suggested this item be continued to Thursday, November 18, 1993 because of the lateness of the hour. Council concurred. MAYOR AND CITY COUNCIL-INITITATED ITEMS 28. Mayor Higginson stated he had put this item "Discussion regarding migrant worker camps" on the agenda because of calls he had received from residents concerned about the fire danger from open campfires. The City has taken a proactive stance and investigates former camp sites weekly to ensure they are not being reactivated. Also, several property owners of large parcels are doing their own investigations. Hopefully, we will be able to earmark some of the Proposition 172 sales tax funds for code enforcement activities. It may be desirable for property owners to form a consortium and coordinate their activities. Councilmember Snesko read from the 1991 Migrant Worker Committee report regarding needed housing and stated chasing these people from one to another is not the answer. We need to implement the recommendations in the report. 5046 Page 10 - CITY OF PONAY - November 9, 1993 Citizens present to speak included: Margie Knoaske, 17558 Via Lomas Drive Kathy Reis, 13530 Old Winery Road Jim Lanker, 17911 Vista Lomas, stated cleaning up the encampments doesn't solve the problem. They just come back. Bruce Tarzy, 15912 Ranch Hollow Road, President of Green Valley Civic Association, stated no open fires should be tolerated. Rick Duffer, 13168 Oakline Court, North County Health Services Margaret Santos, 12713 Calma Court, San Diego, stated she works with the Guatemalans in the area. If we employ them, we have an obligation to house them. Marion Scire, 17952 Cielo Court, stated these persons are trespassing and must be forced to obey the law like everyone else. Gerardo Comacho, 14291 Mariana Drive, volunteered to be a liaison with the Hispanics. Stephanie Starks, 15005 Vali Hai Road, suggested we fine property owners who allow persons to live on their property in substandard conditions. Bruce Tabb, 1200 Third Avenue, San Diego Jerry Hargarten, 13622 Orchard Gate Road Mayor Higginson announced there will be a workshop on Friday, November 12,1993 at 7:00 p.m. and representatives from the INS and Border Patrol will be present, along with our state and federal legislators to discuss legislation that is being proposed. Councilmember Snesko asked if the Fire Department reserves could be used for patrolling. Council concurred to have Director of Safety Services Sanchez look at this possibility. CLOSED SESSION Mayor Higginson called for a closed session at 9:55 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 11:09 p.m. and stated the City Attorney and City Manager had been given instructions during closed session. Upon motion by Councilmember Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 7:00 p.m., Friday, November 12, 1993. the time of adjournment was 11:10 p.m. Marjorie$. Wahlsten, City Clerk City o f~.~way 5047 NO TICE NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 9 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 Cafagna, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 7:00 p.m., Friday, November 12, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:10 p.m. · Wahlsten, City Clerk way, California November 10, 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 at approximately 10:00 a.m. Dated at Poway, California, on November 10, 1993 Marjo~i~ K. Wahlsten, City Clerk City f6~oway, California