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CC 1994 01-04 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING JANUARY 4, 1994 The January 4, 1994, 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. COUNCILHEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Jim Marmack Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Assistant Director of Planning Services Sheriff's Captain Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COHHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Ed Anderson, 12622 Poway Road, co-owner of Chico's Tacos, protested the code enforcement that treats window signs the same as banners. Howard Stacklin, 14149 Tobiasson Road, stated citizens need protection from overzealous government and expressed concern regarding the Carlson lawsuit where Federal Drug Enforcement Agency agents forcibly entered Mr. Carlson's home and shot him. Bea Reuel, 13710 Paseo Bonita, asked why she had not gotten a response to her March 20, 1993 letter regarding the proposed land swap between the City and Earl Yeager. She complained that the city is not pursuing enforcement of the violations on Mr. Yeager's horse boarding facility. 5082 Page 2 - CITY OF POWAY - January 4~ 1994 Andrea Deebs, 13755 Calle Seco, complained about the smell and flies from the Yeager operation. She also stated he has blocked the floodway with manure. Patricia McKinney, 13760 Calle Seco, stated they have been complaining for three years to the city about Mr. Yeager's activities. She also stated he has an electrical line strung across the creek that seems unsafe. Connie Griffin, 12655 Gate Drive, requested the City enforce the existing laws against Mr. Yeager. City Attorney Eckis stated that the building and grading permit violations are a separate issue from the horse boarding issue. Staff will report back in one week regarding those items. CONSENT CALENDAR Councilmember Emery requested Item 25 be pulled from the Consent Calendar and continued for one week. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council November 18, 1993, Adjourned Regular Meeting November 30, 1993, Regular Meeting 13. Ratification of Warrant Registers - December 2, 9, 16, 1993 (401-10) 14. Denial of claims for damages: A) BSI Consultants; B) Steve Shulman; and C) Laura Trujillo. (704-13) 15. Approval of: 1) the Redevelopment Agency annual report; the Redevelopment Agency annual financial report; 2) the report of financial transactions of Community Redevelopment Agencies; and 3) Schedules "A" "B" and "C" from the State Department of Housing and Community Development. (406-02R) 16. Removal from calendar of acceptance of 1993-94 Slurry/Cape Seal Program from Asphalt, Inc. (602-01, #990) 17. Approval of temporary water connection, Douglas Troxler, applicant; located at Orchard View Lane approximately 350 feet east of Country Hill Road; Assessor's Parcel Number 321-031-05. (1204-04) 18. Adoption of Resolution No. 94-001, entitled, "A Resolution of the City Council of the City of Poway Ordering the Vacation of an Easement Reserved for Street Purposes Located Within Lots 42 and 43 of Map 9770 Recorded in the Office of the County Recorder of San Diego County on August 26, 1980 (Vacation 93-06)," which was intended to connect Lomas Verdes Drive with Old Winery Court. (1002-06) 5083 Page 3 - CITY OF POWAY - January 4, 1994 19. Adoption of Resolution No. 94-002, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of an Irrevocable Offer of Dedication Located within Lot 2 of Map 4492 Recorded in the Office of the County Recorder of San Diego County on February 20, 1976 (Vacation 93-07)," which was intended to make Vali Hai a public road and extend it to Highway 67 which is no longer feasible. (1002-06) 20. Adoption of Resolution No. 94-003, entitled, "A Resolution of the City Council of the City of Poway, California Establishing All-Way Stop Controls at the Intersection of Tarascan Drive and Wanesta Drive." (1160-01) 21. Adoption of Resolution No. 94-004, entitled, "A Resolution of the City Council of the City of Poway, California Establishing a Stop Sign on Sycamore Valley Road at Garden Road." (1160-01) 22. Authorization for a half-time permanent Management Analyst position for the Planning Services Department. (504-05) 23. Authorization to purchase mitigation land for Poway Creek Detention Basin, 4.023 acres located along Beeler Creek between Old Pomerado Road and Pomerado Road. (APN 323-080-06) (1002-01) 25. Continue agreement to reimburse Lake Poway Concessionaire five percent of gross receipts for selling fishing and boating permits and State fishing licenses to January 11, 1994. (602-01 #408) 26. Authorization for participation in the acquisition of 140 acres on the southwest slope of Mount Woodson to be used for mitigation for Scripps Poway Parkway, open space and trails (APN 278-290-07, 278-201-01) and appropriation of $56,000 from parkland dedication fees. (1002-01) Motion carried unanimously. ITEM 4 (1180-05) COMMUNITY CONTRIBUTION REQUEST RANCHO BERNARDO HIGH SCHOOL BAND Mayor Higginson stated this item was continued from December 14, 1993 in order for a band representative to be present to accept. Kirk Burgamy and Linda Cliplef were present from the Band Boosters. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to approve a $500 community contribution to the Rancho Bernardo High School Marching Band to perform in the 105th Tournament of Roses Parade. Motion carried unanimously. 5084 Page 4 - CITY OF POWAY - January 4, 1994 ITEM 5 (203-02) TENTATIVE PARCEL MAP 93-06 APPLICANT: DONNA LIEBRICH Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting a continuance until after comments have been received from the State Clearinghouse. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to continue consideration of TPM 93-06 to January 18, 1994. Motion carried unanimously. ITEM 6 (203-04) VARIANCE 93-19 MINOR DEVELOPMENT REVIEW 93-57 APPLICANT: ROGER MINX Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting a continuance in order to reach agreement with surrounding homeowners concerning some elements of the design. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to continue consideration of VAR 93-19 and MDRA 93-27 to February 8, 1994. Motion carried unanimously. ITEM 7 (203-04) VARIANCE 93-20 APPLICANT: CURT & CATHY PAR~ Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 400 square foot garage which will encroach 10 feet into the required side yard setback of 20 feet for property located at 14872 Budwin Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to close the public hearing and adopt Planning Resolution No. P-94-01, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-20, Assessor's Parcel Number 314-650-17." Motion carried unanimously. 5085 Page 5 - CITY OF POWAY - January 4, 1994 ITEM 8 (701-04) ORDINANCE NO. 428/FIRST READING SEWER EXTENSION LINE CHARGE Mayor Higginson opened the public hearing and read the title of Ordinance No. 428, "An Ordinance of the City of Poway, California, Adding Section 13.04.195 to the Poway Municipal Code, Establishing a New Sewer Extension Line Charge for Certain Sewer Pipelines Constructed by Funds from the City of Poway Sewer Fund." Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. Recently, the City has been approached by residents who desire a public sewer to be constructed as a capital improvement project funded by the sewer fund, but establishing an assessment district for a small project is not cost effective. The sewer fund may front fund a sewer extension project and the costs could be recovered through a new sewer extension line charge when someone connects to the sewer line. Based on an average unit cost for a representative sample of projects, the value of the sewer extension line charge is $5,600 per lot. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to waive further reading of Ordinance No. 428 and continue the public hearing to January 18, 1994 for second reading. Motion carried unanimously. ITEM 9 (701-04) ORDINANCE NO. 429/FIRST READING SPEED LIMIT ON VALLE VERDE ROAD Mayor Higginson opened the public hearing and read the title of Ordinance No. 429, "An Ordinance of the City of Poway, California, Adding to Section 10.32.020 of the Poway Municipal Code Establishing Speed Limits on Valle Verde Road Between Decant Drive and Old Winery Road." Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. The Traffic Safety Committee has reviewed a staff report regarding traffic conditions on Valle Verde Road from Decant Drive to Old Winery Road. The report indicated the existing 35 MPH posted limit is above the design speed for a portion of the road and the speed limit should be 30 MPH. Councilmember Callery asked about Valle Verde Road between Espola and Decant citing the intersection of Solera Way and Valle Verde as being a blind curve for children crossing to go to Chaparral School. Director of Engineering Services Weston stated the Poway Unified School District has chosen to bus students east of Valle Verde to school rather than provide a crossing guard. The Traffic Safety Committee can look again at that section of Valle Verde Road. 5O86 Page 6 - CITY OF POWAY - January 4, 1994 Speaking in opposition to staff recommendation: Mark Gordon, 17206 Pinot Place, representing the Green Valley Civic Association requested the remainder of Valle Verde Road be changed to 30 MPH, too. Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further reading and set second reading for January 18, 1994 and direct the Traffic Safety Committee to look at a 30 MPH speed limit for Valle Verde Road from Espola to Decant. Motion carried unanimously. ITEM 10 (701-0g) REVISED CHARTER POWAY ROAD SPECIFIC PLAN ADVISORY COMMITTEE Staff report by City Manager Bowersox. The Hughes, Heiss report recommended a reduction in the Poway Road Specific Plan Advisory Committee from 15 members to 9 or 11. With the disbanding of the Business Advisory Committee and the Transportation Advisory Committee the Committee is reduced to 11 since each of those Committees had two representatives on the Poway Road Committee. The revised charter would call for an end to the Committee when the Specific Plan is adopted and would reduce its membership to 9. However, staff recommends that Randy Wilkins, an active member and representative from the Transportation Advisory Committee be allowed to continue to serve. Also, no new appointments would be made until the number of Council appointees is less than five. There are now eight in addition to two representatives from the Chamber of Commerce and two from the Redevelopment and Housing Advisory Committee. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to approve the revised charter with the addition of Randy Wilkins as a member. Motion carried unanimously. CITY MANAGER ITEMS 27. City Manager Bowersox announced that the first baby born at Pomerado Hospital to Poway residents was Shawn Pringle, 8 lb. 2 oz. born on January 3, 1994 to Steve and Gaylene Pringle. He will receive a $100 savings bond from the City. CITY ATTORNEY ITEMS 28A. City Attorney Eckis requested a closed session pursuant to Government Code §54956.8 to instruct the City Manager who is negotiating on behalf of the City with Craig Breihan to purchase the Breihan property on the east side of Community Road for low and moderate income housing. 28B. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(c), whether or not to initiate litigation. He stated there are 5O87 Page 7 - CITY OF POWAY - January 4, 1994 28C. 28D. MAYOR 31A. 31B. facts known to the City Attorney that are not required to be made public that lead to the conclusion that litigation may be necessary. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to make the findings that a closed session is necessary based on the representation of the City Attorney. Motion carried unanimously. City Attorney Eckis requested a closed session pursuant to Government Code §54956.8 to instruct the City Manager and City Attorney who are negotiating with Stanley Boney to lease the former Longs Drug Store to Boney's. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation, Poway Ventures bankruptcy. AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery asked why State Fish & Game intends to ban bicycles and horses from the Green Valley Truck Trail through Blue Sky Preserve when limited auto traffic is on the road. Councilmember Callery stated this is on the next agenda of the Friends of Blue Sky. John Anderson, Regional Director of Fish & Game, is now on their Board, and they will discuss this. Councilmember Emery stated he turned in a hand gun to the Sheriff earlier today that he has had at home. He felt if he was going to support any gun control measures he was being hypocritical if he owned a gun. Mayor Higginson noted there were many slips turned in to speak on this issue. In response to query from Councilmember Snesko, Councilmember Emery stated he preferred to hear the speakers before he made a presentation. Speaking in opposition to handgun control: Marion Ponsford, 14112 Durhullen Drive. Henry Ponsford, 14112 Durhullen Drive Thomas Ponsford, 14112 Durhullen Drive. Kenneth Notter, 1471Calle Redonda Lane, Escondido, representing the Escondido Fish & Game Association. Sam Wilson, 13524 Hilleary Place, #105, presented a copy of the Federalist Papers to Mayor Higginson Rod Van Orden, 4475 35th Street, San Diego Bruce Skane, 3033 Conner Way, San Diego Howard Stacklin, 13149 Tobiasson Road Ed Carboneau, 14703 Pomegranate Ray Yankowski, 13032 Gate Drive Craig Busby, 13329 Casa Vista Leticia Leon, 13449 Standish Drive 5088 Page 8 - CITY OF POWAY - January 4, 1994 Speakers cited the Second Amendment to the Constitution as prohibiting any restriction on citizens having guns; suggested we should be targeting the criminal not the gun in same way Mothers Against Drunk Drivers target the drunk driver, not the car; and suggested the city provide classes on gun safety. Councilmember Emery read a portion of a letter from Frank Jordan, San Francisco Mayor, to the National Rifle Association regarding the July 1 killings in his city and presented a 10 Point Plan of Action. He acknowledged that the City is preempted from the adoption of legislation that directly prohibits the sale, distribution or possession of handguns, however he proposed actions that he feels can aid in the curtailment of handguns in Poway. Councilmember Snesko stated gun control is ineffective because the system fails to punish criminals. There are 1700 persons on the street in California that have been convicted of first degree murder and released for various reasons. He feels citizens are afraid and should be allowed to purchase and possess guns. Mayor Higginson stated that a majority of cities supported the League of California Cities' Resolution Number 30 at their last annual meeting regarding handgun control, but he agreed we need to address all the problems and support a stronger criminal justice system. He noted that through the Redevelopment Agency's Tax Increment Agreement with the County, we are giving the County $5 million for a new jail. Councilmember Cafagna stated he feels that people have the right to have guns but are in danger of losing that right. He agreed we need to be enforcing the existing laws. Councilmember Callery stated the community needs to rally around the kids who need help. Personally she will not own a gun. Motion by Mayor Higginson, seconded by Councilmember Emery, to support points 1, 4, 6, 7, 8, 9, and 10. Motion carried 4-1 with Councilmember Snesko voting "no." These points are as follows: Direct the City Attorney to review all pending and future County, State and Federal legislation that places limits on the possession of handguns and bring them to Council for regular review and potential action. Explore procedure for implementing and funding an exchange program offering "goods for guns" in an attempt to remove guns from circulation. (gifts at Christmas, tickets for local events, food coupons, swimming pool coupons, sporting events, etc. are examples.) Use City publications to call attention to home safety procedures and how to create a secure, handgun free environment. 5089 Page g - CITY OF POWAY - January 4, 1994 Support all legislation that mandates prison sentences for any crime involving firearms. 8. Support Governor Wilson's "Three Strikes and You're Out" initiative. o Subscribe to the fundamental right of safe, sane and gun-free homes, schools and businesses. (Councilmember Snesko left the room.) Motion by Mayor Higginson, seconded by Councilmember Emery to request staff report back on points 2, 3, and 5. Motion carried 3-1 with Councilmember Snesko out of the room and Councilmember Cafagna voting "no." Those points are as follows: Support all pending legislation that advocates the further restriction of the availability of handguns, and transmit notice of Council support to the appropriate legislative representatives. 3. Continue to pursue Mayor Higginson's call for the League of California Cities to support all handgun control legislation. Be Encourage any action that will make the sale and use of any handgun, socially unacceptable, and unattractive, especially to the young. 32. Mayor Higginson stated the Interim Solid Waste Commission met on December 16, 1993 and they discussed several items: A) Facility (host) fee and mitigation fee. Presently only the city of San Marcos is receiving the host fee. Chula Vista, San Diego, and the County have included the anticipated revenue in their budget. In order to fully fund these fees approximately $5 million is needed. Two possible sources are refinancing the debt for North County Resource Recovery Associates (NCRRA) facility and an increase in the tipping fees. It has been referred to the Budget/Audit Committee. B) The North County JPA had a plan developed for disposal of their trash which provide for hauling trash out of the County which is not practical at this time. The City of Carlsbad requested further analysis and a subcommittee was formed. Councilmember Cafagna is working with that subcommittee. C) The Interim Agreement is proposed to be amended to eliminate the surcharge and fines and the manner in which the commitment of waste is returned to a city if a final form of governance is not approved by May 31, 1994. This item will be on the January 11, 1994 agenda. CLOSED SESSION Mayor Higginson called for a closed session at 9:25 p.m. as requested by the City Attorney. 5090 Page lO - CITY OF POWAY - January 4, 1994 CALL TO ORDER Mayor Higginson called the meeting back to order at 10:45 p.m. with all Councilmembers present and stated the City Council took action in closed session to authorize the City Manager to sign purchase agreements for the Breihan property and a lease agreement for Boney's. The vote was unanimous. They also instructed the City Attorney regarding litigation. 31B. Councilmember Snesko requested the City Council reconsider the second vote taken under this item since he was out of the room and would like for his vote to be on the record. Motion by Mayor Higginson, seconded by Councilmember Cafagna to reconsider the item on points 2, 3 and 5 of Councilmember Emery proposal in order for Councilmember Snesko's "no" vote to be put on the record. Motion carried unanimously. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:50 p.m. on motion by Councilmember Snesko, seconded by Councilmember Emery. Marjor, ie~<. Wahlsten, City Clerk City o~way 5091