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.
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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)
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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