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:
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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
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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
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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.
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(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.
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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.
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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
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