Loading...
CC 1994 01-11 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 11, 1994 The January 11, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter Jim Marmack 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 Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Richard Freund, 13833 Adrian Street, requested the city sponsor firearms safety classes, build a firing range and an air gun range. Patti McKinney, 13760 Calle Seco, suggested the city build and operate a horse boarding facility in South Poway as a solution to the controversy regarding commercial stables in residential areas. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 5092 Page 2 - CITY OF POWAY - January 11, 1994 13. Ratification of Warrant Register - December 22, 1993. 14. Receive and file 1993 summary of State Legislative activities. (701-11) 15. Authorization to enter into a Memorandum of Understanding (MOU) with the cities of La Mesa, National City, Chula Vista and Imperial Beach to hire and share the costs for cable television rate regulation consulting services, and authorize staff to negotiate a contract with Public Knowledge Inc. for a similar review of Southwestern Cable TV rates. (602-01, #1005) 15.1 Removed from calendar agreement to reimburse Lake Poway Concessionaire five percent of gross receipts for selling fishing and boating permits and State fishing licenses. (Continued from January 4, 1994, Item 25.) Motion carried unanimously. ITEM 4 (203-08) CONDITIONAL USE PERMIT 90-14M APPLICANT: JIM FAABORG Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct an addition consisting of three new repair bays attached to an existing auto body repair complex located at 14211 Garden Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery to close the public hearing, issue a Negative Declaration with Mitigation Measures; and adopt Planning Resolution No. P-94-02, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 90-14 Modification, Assessor's Parcel Number 323-270-19." Motion carried unanimously. ITEM 5 (203-14) MAJOR USE PERMIT P60-111 DEVELOPMENT REVIEW 93-04 APPLICANT: MT. OLIVE LUTHERAN CHURCH Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct a new church sanctuary/administrative building with an attached tower, a new preschool building and a freestanding bell tower at 14380 Poway Road. Staff recommends approval. Councilmember Callery asked about letters received today from neighbors regarding screening from headlights, motorcycle parking, and carillon noise. Director of 5093 Page 3 - CITY OF POWAY - January 11, 1994 Planning Services Wright-Quastler stated that the church's representatives are working with the neighbors to resolve these issues. Speaking in favor of staff recommendation: John Pyjar, Dominy & Associates, 2150 W. Washington, San Diego, church's architect, stated the church has agreed to keep the noise level of the carillon at its current level and will resolve the fence issue. Gary Andrews, 16222 Windpiper Motion by Councilmember Snesko, seconded by Councilmember Emery to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-94-03, entitled, "A Resolution of the City Council of the City of Poway, California Approving Modification to Major Use Permit P60-111 and Development Review 93-04, Assessor's Parcel Number 323-190-06," with staff to continue to work to resolve the issues with the neighbors. Motion carried unanimously. (Councilmember Emery left the room.) ITEM 6 (203-08) CONDITIONAL USE PERMIT 91-09A SOUTH POWAY SPORTS PARK Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow operation of the South Poway Sports Park until midnight. The current approved hours of operation are 10:00 p.m. for normal operation and 11:00 p.m. during tournaments and special events. 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-94-04, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 91-09, Assessor's Parcel Number 317-281-17, 18; 317-280- 46." Motion carried 4-0 with Councilmember Emery out of the room. (Councilmember Emery re-entered the meeting.) ITEM 7 (701-01) CITY COUNCIL RULES OF CONDUCT Staff report by City Manager Bowersox. As directed by the Council on October 26, 1993, staff gathered copies of Council Rules of Conduct from several cities. There were two common procedures in all the codes. Staff put them as Rule 1, "Statement of City Position," and Rule 2, "Requests for Staff Assistance and 5O94 Page 4 - CITY OF POWAY - January 11, 1994 Expenditure of City Funds," in the draft Resolution. Rule 3, "Business Development" was drafted to address concerns expressed by the City Council. In response to query by Councilmember Snesko, City Attorney Eckis stated he had not reviewed this prior to distribution but would recommend some additional wording to clarify Rules I and 3. Council discussion included pros and cons on the need for this type of written policy. Following discussion, motion by Councilmember Snesko to not approve this policy. There was no second. Following extensive discussion, motion by Councilmember Emery, seconded by Councilmember Callery to continue this item in order for staff to revise the wording as recommended by the City Attorney. Motion carried unanimously. (Councilmember Snesko left the room.) ITEM 8 (602-01, #799) POWAY AFFORDABLE HOUSING ASSISTANCE AND REFERRAL PROGRAM Staff report by City Manager Bowersox. The City Council approved the Poway Affordable Housing Assistance and Referral Program on October 26, 1993. $100,000 of the funding will come from Community Development Block Grant (CDBG) funds. Staff recommends appropriation of funds from the Redevelopment Agency Unappropriated Fund Balance to cover project costs until the Agency receives CDBG reimbursement from the County. Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve the appropriation of $10,000 from the Redevelopment Agency Unappropriated Fund Balance to fund the Poway Affordable Housing Assistance Program. Motion carried 4-0 with Councilmember Snesko out of the room. ITEM 9 (203-11) GENERAL PLAN AMENDMENT 94-01 Staff report by City Manager Bowersox. General Plan Amendment 94-01 will include two items, an amendment to the Transportation Master Element to reflect the approved precise alignment for the Scripps Poway Parkway eastern extension to SR67 and the redesignation of City-owned land to OS-RM to ensure its protection as biological mitigation land. Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt Resolution No. 94-005, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 94-01." Motion carried 4-0 with Councilmember Snesko out of the room. 5095 Page 5 - CITY OF POWAY - January 11, 1994 (Councilmember Snesko re-entered the meeting.) ITEM 10 (401-17) SWIM CENTER PRIVATE HOURS City Manager Bowersox stated staff had prepared a report for this meeting as directed at the December 14, 1993, City Council meeting, however staff is recommending this item be continued. Councilmember Callery has raised some additional issues regarding the hourly costs and proposed boundaries for resident and non-resident teams. Ed Walton, 15648 Boulder Ridge Lane, stated his son swims for the Blue Fins and they would like to be part of the Friends of the Poway Pool organization. He suggested this issue could be part of their consideration. Motion by Councilmember Callery, seconded by Councilmember Emery to remove this item from calendar. Motion carried unanimously. Diane Cabrera, 1511 Larry Street, requested clarification regarding the proposed boundaries. Councilmember Callery stated that Rancho Bernardo High School has many students from the City of Poway however Mt. Carmel High School does not. The boundaries need to reflect this. ITEM 11 (701-01) 1994 CALENDAR OF MEETINGS Staff report by City Manager Bowersox. On December 14, 1993, Councilmember Emery requested a proposed calendar of meetings to be cancelled in 1994 and a formal policy for cancelling any additional meetings. Staff is proposing cancelling the meetings of March 29, May 31, July 26, August 30, October 25, November 8, November 22, December 20 and December 27. Any additional meetings proposed to be cancelled because of a short agenda would be presented to the City Council for approval at a prior meeting. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation. Motion carried unanimously. ITEM 12 (602-01, #981) SOLID WASTE INTERIM AGREEMENT Staff report by City Attorney Eckis. The Interim Solid Waste Commission approved an amendment to the Interim Agreement on December 16, 1993 which defers the economic risk surcharge and extends the time for commitment of waste dependent upon acceptance of a permanent form of governance by May 31, 1994. All the cities need to approve the amendment. 5O96 Page 6 - CITY OF POWAY - January 11, 1994 Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt Resolution No. 94-006, entitled, "A Resolution of the City Council of the City of Poway, California Approving Amendment of the Solid Waste Interim Participation Agreement." Motion carried unanimously. ITEM 12.1 (704-10) CODE VIOLATIONS 13740 CALLE SECO Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. At the January 4, 1994 City Council meeting, four residents of the Los Lomas Estates spoke under Public Oral Communications to complain about a perceived lack of action concerning the code violations on the properties owned by Errol Yeager on Calle Seco. Staff has prepared a chronology of the actions on the property and a structure by structure analysis of building permit status. There are 13 structures that need building permits. Connie Zimmerman, 752 Jamacha Road #500, E1 Cajon, stated she is an attorney representing Mr. Yeager. City Attorney Eckis stated that he had not been aware that Mr. Yeager was represented by counsel and requested she contact him. David Griffin, 12655 Gate Drive, asked that the city enforce its existing laws. He stated the city has been aware of the situation and has condoned Mr. Yeager's actions for over two years. Councilmember Emery requested some time frames for action on the code violations. City Attorney Eckis stated Mr. Yeager's deadline for applying for building permits is January 17 otherwise litigation will be filed. Councilmember Cafagna stated the code violations are a separate issue from the horse boarding issues that the Ad Hoc Committee is looking at. The code violations need to be pursued. Motion by Councilmember Cafagna, seconded by Councilmember Emery to request staff report back next week regarding the status of what Mr. Yeager applied for by the deadline. Motion carried unanimously. ITEM 12.2 (1180-05) DONATION FOR WAL-MART MANAGER Staff report by City Manager Bowersox. Staff recommends a $250 donation on behalf of the community in memory of Wal-Mart manager Bill Raney who was killed December 2, 1993 in the store parking lot. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation. Motion carried unanimously. 5097 Page 7 - CITY OF POWAY - January 11, 1994 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation. It was listed on the agenda as threatened litigation but the lawsuit was filed within the last 72 hours. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19A. Councilmember Callery reported that the City Council had previously agreed to fund 50% of a full-time interpreter's position at Blue Sky Ecological Reserve. State Fish & Game has agreed to house an interpreter at Blue Sky with 70% of the time devoted to Blue Sky and 30% of the time devoted to writing interpretive plans for Riverside County. She discussed with the Council whether or not the City should agree to provide 50% funding under these conditions. Motion by Councilmember Cafagna, seconded by Councilmember Emery to notify the State that the City will fund 50% of the position if the other 30% of time is spend in San Diego County. Otherwise we only want to fund 50% of the 70% of time spent at Blue Sky. Motion carried unanimously. 19B. Councilmember Callery reported that the San Diego County Division of the League of California Cities did not support the immigration legislation proposed by Assemblyman Goldsmith. 20A. Councilmember Emery requested and received Council concurrence to expend $150 to purchase a page in the Miss Poway/Miss Rancho Bernardo pageant brochure. 2OB. Councilmember Emery stated he had received a complaint regarding toxic run-off from an auto detailer. He will refer it to staff and requested a report back. 21. Mayor Higginson stated he was appointing Marcus Cook to the Senior Issues Committee. CLOSED SESSION Mayor Higginson called for a closed session as requested by the City Attorney at 9:00 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:50 p.m. and stated the City Attorney had been instructed during closed session. He adjourned the meeting on motion by Councilmember Callery, seconded by Councilmember Emery. Marjocie~K. Wahlsten, City Clerk City ~f P~way 5098