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.
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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)
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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