CC 1994 02-08 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 8, 1994
The February 8, 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.
COUNCILMEHBERS 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
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Jim Marmack
Michael Putnam
Alan Schuler
Jim Nessel
Bob Krans
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 Redevelopment Services
Director of Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Performing Arts Center Manager
Senior Civil Engineer
Senior Planner
Fire Battalion Chief
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:
Sylvia Nicpon, 13325 Buena Vista, asked the City Council to rescind the
Housing Commission's decision to increase the rents at Poway Royal Mobile
Estates on May 1.
John Kane, 14635 Twin Peaks Road, asked who will be operating the proposed
skateboard park and expressed concern about liability exposure.
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CONSENT CALENDAR
Mayor Higginson stated that Item 17 has been pulled from the Consent Calendar by
the public. He noted that we have received the $9,000 check from ARTS ALIVE! for
Item 19.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
12.
Approval of Minutes - City Council
January 11, 1994, Regular Meeting
14. Ratification of Warrant Register - January 20, 1994
(401-10)
15. Denial of claim for damages: Elli Lahdenpena
(704-13)
16. Adoption of Resolution No. 94-011, entitled, "A Resolution of the City
Council of the City of Poway, California, Amending the List of Designated
Positions Subject to the Reporting Requirements of the City's Conflict of
Interest Code; and Resolution No. 94-012, entitled, "A Resolution of the
City Council of the City of Poway Approving the Poway Redevelopment
Agency's Adoption of the Amended List of Designated Positions Subject to
the Reporting Requirements of the Agency's Conflict of Interest Code."
(704-08)
18. Appropriation of $40,500 to purchase Radar Speed Trailer and Accident
Analysis Software and Database for Neighborhood Speed Control Program and
High Accident Location and Analysis Program, to be reimbursed by grant
from California Office of Traffic Safety. (401-30)
19.
Receive a donation of $9,000 contributed by ARTS ALIVE! Foundation and
appropriate same amount for purchase of designated equipment to upgrade
and enhance the Poway Center for the Performing Arts. (1180-10)
20.
Approval of Comprehensive Annual Financial Report for fiscal year ending
June 30, 1993. (406-02)
21.
Approval of two Memorandums of Understanding with Tech Business Center
concerning the Development Agreements connected with Tentative Tract Map
86-02R (Poway Corporate Center) and Tentative Tract Map 89-08 (Tech
Business Center), as it pertains to map time extensions and timing of
payment of sewer fees. (602-01, #835 and #836)
22. Acceptance of City Hall Modular Unit Renovation from Fitzgerald
Enterprises. (5523) (602-01, #203R)
23.
Acceptance of improvements and release of security for the Lincoln Center
traffic signal modification, Paul Schauder applicant; located at the
intersection of Poway Road and Garden Road. (602-01, #994)
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24. Approval of the following positions on pending legislation: support SB
1254 which proposes a series of mandate relief items developed in
cooperation with the League of California Cities; oppose AB 515 which
prohibits a local agency, with certain exceptions, from acquiring an
existing mobilehome park by eminent domain if the local agency intends to
continue the usage of the property for mobilehome residential sites.
(701-11)
Motion carried unanimously.
ITEM 4 (203-04)
VARIANCE 93-19
MINOR DEVELOPMENT REVIEW 93-57
APPLICANT: ROGER MINX
Mayor Higginson noted that this item had been continued from January 4, 1994.
Director of Planning Services Wright-Quastler stated that the applicant is
continuing to attempt to work with the neighbors and requests an additional week
continuance.
Speaking in opposition to the project as proposed:
Mehdi Kazemzadeh, 13327 Arroya Vista Road
Jim Seifert, 16344 Martincoit Road, Community Protection Chairman for
the Green Valley Civic Association.
Lyle Arnold, 15638 Boulder Mountain Road.
Speakers expressed opposition to the extreme cut and fill slope and stated this
project is not consistent with the city's goals of working with the topography.
Councilmember Emery requested clarification regarding the slope criteria and
grading ordinance. Director of Planning Services Wright-Quastler stated that
slopes over thirty feet require Council approval by policy. It was brought to
Council because of the variance request and the slope height. This property is
not in the Hillside/Ridgeline area.
Council requested staff look at the hillside/ridgeline map for possible revisions
and suggested the property owner work with the neighbors to resolve their
concerns.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to continue
consideration of this item to February 15, 1994. Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 430/SECOND READING
ALARM SYSTEMS
Mayor Higginson read the title of Ordinance No. 430, "An Ordinance of the City
of Poway, California, Deleting Sections 9.44.010 through 9.44.170 of the Poway
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Municipal Code Relating to Alarm Systems and Adding Sections 9.44.010 through
9.44.190." Staff report by City Manager Bowersox. This is second reading of an
ordinance that revises the alarm system permit procedure and removed the
requirement for renewing the permits.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, waive further reading and adopt Ordinance No. 430. Motion
carried unanimously on a roll call vote.
ITEM 6 (701-04)
ORDINANCE RE HORSE BOARDING
City Manager Bowersox noted that this item was set for public hearing at this
meeting prior to the January 25, 1994 City Council meeting. At that meeting, the
City Council took action to remove this item from calendar and refer it back to
the Ad Hoc Horse Boarding Committee. No action is required at this meeting.
ITEM 7 (203-11)
SCRIPPS POWAY PARKWAY EAST EXTENSION
ENVIRONMENTAL IMPACT REPORT
GENERAL PLAN AMENDMENT 94-01
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. The
Poway General Plan identifies the Scripps Poway Parkway as a priority six-lane,
east-west primary arterial connecting State Route 67 with 1-15 at Mercy Road.
This project is the final three mile eastern segment from Stowe Drive to SR 67.
There are four actions before the Council in regards to this project at this
meeting: certification of the final Environmental Impact Report; General Plan
Amendment 94-01 that amends the Transportation Element to reflect the selected
alignment; approval of the precise alignment for the roadway; and adoption of
benefit resolutions. From the start of planning this project, important
environmental resources have been identified and designed around rather than the
usual approach of designing the project and then preparing the EIR. There were
six alignments studied with eleven variations, including "no project." They were
all studied in full, equal detail. Since February, 1992 there have been bi-
weekly meetings involving Boyle Engineering, Ogden Environmental, CalTrans,
SANDAG, County of San Diego, City of San Diego, Department of Fish & Game, U.S.
Fish and Wildlife Service, U.S. Army Corps of Engineers and Poway staff.
Director of Engineering Services Weston reviewed the alignments studied. Jerry
Stallcup, Ogden Environmental, talked about biological impacts. Sam Kab, Urban
Systems Associations, talked about traffic impacts. Jeff Fuller, Ogden
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Environmental, talked about noise impacts.
Environmental, talked about visual impacts.
Teresa Tellez-Giron, Ogden
Director of Planning Services Wright-Quastler pointed out the table comparing the
major impacts of alignments A, B1, B2, B3, D and E which reflects the conclusions
of the environmental review that Alignment B1, without additional fill, is the
environmentally superior alternative. There are, however, impacts in three areas
from this alignment that require the adoption of a statement of overriding
considerations: air quality because San Diego is a "non attainment" area; land
form alteration and visual quality because there is extensive grading on steep
slopes, alteration to an existing natural drainage and blasting of rock
outcroppings along slopes at the eastern end of the alignment; cumulative
regional circulation impacts because of impacts remaining at the Poway Road-
Pomerado Road and Poway Road-Garden Road intersections. She identified the
overriding benefits of the project.
Speaking in favor of staff recommendation:
Jeff Agnew, 24548, Tesoro Way, Ramona, Chairman of the Ramona Community
Planning Group.
Randy Wilkins, 14617 Acton Court, stated this will increase traffic in
front of Garden Road School, and requested a better intersection at
Sycamore Canyon than a 4 way signalized intersection.
Russell Tanner, 1130 E. Pennsylvania, Escondido, representing Arthur
Cortz at 16150 Sycamore Canyon Road. He asked that the entrance to
the Goodan Ranch be changed to Highway 67.
Jeffrey Scheidel, 16858 Rio Maria Road, requested noise mitigation for
residents near Highway 67.
Speaking in opposition to staff recommendation:
John Kurtz, 16212 Paragon Mesa Road, requested the road swing as far
away from their homes as possible, preferring B3. He protested
the noise and visual impacts in this quiet area.
Thomas Gillespie, 15578 Raptor Road, requested modified B1.
Dwight Green, 15972 Sycamore Canyon Road asked about wildlife corridors,
and protested the intersection being proposed at Sycamore Canyon.
Richard Haas, 15454 Pendragon Road, President of the Sycamore Canyon
Association, stated the EIR data is misinterpreted and prefers B2
or B3 modified alignment be selected.
Randy Newhard, 14443 Highway 67, stated he opposes the B alignments.
Janine Moniot, P.O. Box 1633, Ramona, representing the Iron Mountain
Conservancy, stated the response to their comments was not
adequate.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:15 p.m. and called it back to order at
9:25 p.m. with all Councilmembers present.
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Frank Spitzer, 16028 Paragon Mesa Road, also spoke in opposition to the
project.
Director of Engineering Services Weston explained the improvements planned to
Highway 67 at its intersection with the Scripps Poway Parkway, including a signal
and turn lanes.
Councilmember Snesko commented that this project will ruin his view of the
sunrise since he will be looking at headlights coming from the east. In response
to query from City Attorney Eckis, he stated he lives approximately three
quarters of a mile from the road and the financial impact on his property will
not be more than $10,000.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to close the public hearing and adopt Resolution No. 94-013, entitled, "A
Resolution of the City Council of the City of Poway, California Certifying the
Final Environmental Impact Report for the Proposed Scripps Poway Parkway
Extension (County of San Diego SA-780) Project (State Clearinghouse No. 93091118)
and Adopting CEQA Findings and a Mitigation Monitoring Program for Project
Implementation." Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 94-014, entitled, "A Resolution of the City Council of the City
of Poway, California Approving General Plan Amendment GPA 94-01 Amending the
Transportation Roadways Element of the General Plan Regarding the Proposed
Scripps Poway Parkway Extension (County of San Diego SA-780) Project and Adopting
a Statement of Overriding Considerations." Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 94-015, entitled, "A Resolution of the City Council of the City
of Poway, California Approving the Precise Alignment for the Proposed Scripps
Poway Parkway Extension (County of San Diego SA-780) Project and Adopting a
Statement of Overriding Considerations." Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 94-016, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Scripps Poway Parkway, Eastern
Extension Project to State Route 67 (#5261) is of Benefit to the Paguay
Redevelopment Project." Motion carried unanimously.
ITEM 8 (1301-01)
FIREARM SAFETY, FIRING RANGE
Staff report by City Manager Bowersox. On January 11, 1994, Richard Freund asked
that the City Council look at providing some services for the community including
gun safety classes and a firing range. Although the PowayMunicipal Code allows
for the construction of a firing range, it has not been a goal to build a public
firing range.
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Richard Freund, 13833 Adrian Street, stated there are 1,500 National Rifle
Association members in Poway and many other citizens that own guns. It would be
beneficial to have training for these gun owners.
Council concurred that an article in Poway Today notifying Poway residents where
there is training available in the area would be helpful.
ITEM 9 (1180-03)
HORSE BOARDING IN SOUTH POWAY
Staff report by City Manager Bowersox. On January 11, 1994, Patty McKinney
suggested the City construct a horse boarding facility in the South Poway
Business Park. Staff talked to two other cities operating equestrian centers.
A 2 acre equestrian center would cost about $2.5 million including land cost.
Council concurred to receive and file the report.
ITEM 10 (1403-05)
CITIZEN COMPLAINT RE TOXIC WASTE
Staff report by City Manager Bowersox. On January 18, 1994, Councilmember Emery
stated he had received a citizen complaint regarding toxic runoff into Poway
Creek from an auto center on Poway Road. Code Compliance has not found evidence
that runoff is going into the creek. They are installing a water treatment
system and an interceptor on the line leading to the on-site septic system.
Council concurred to receive and file the report.
ITEM 11 (t503-06)
MEADOWBROOK MIDDLE SCHOOL AFTER SCHOOL PROGRAM
Staff report by City Manager Bowersox. The City and Poway Unified School
District have developed an after school pilot intervention program for students
at Meadowbrook Middle School. Staff recommends appropriation of $15,000 for
implementation and authorization for the City Manager to enter into an agreement
with the school district.
Following discussion, motion by Councilmember Cafagna, seconded by Councilmember
Emery to approve staff recommendation. Motion carried unanimously.
ITEM 11.1 (602-01, #1006)
BLUE SKY ECOLOGICAL RESERVE
INTERPRETER POSITION
Staff report by City Manager Bowersox. This was continued from February 1, 1994
in order for staff to continue negotiations with the State Department of Fish &
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Game. The State continues to only agree to a commitment of 70% of an
interpreter's time to Blue Sky even though the city is agreeing to fund 50% of
the position.
Motion by Councilmember Snesko, seconded by Councilmember Callery to only agree
to fund 50% of a 100% position. Motion carried unanimously.
ITEM 17 (203-02, TPM 92-04)
MODIFICATION TO ENVIRONMENTAL
MITIGATION CREDITS/OLD COACH PROJECT
Staff report by City Manager Bowersox. On January 4, 1994, the City Council
approved the acquisition of Mount Woodson mitigation site. Included within the
report was a listing of future environmental mitigation credits available for the
Old Coach project. This has been revised based on further reviews of site
surveys and will increase the Diegan Coastal Sage Scrub by 1.9 acres and add
Southern Willow Riparian Scrub of 0.3 acres.
Terry Kilpatrick, 380 Stevens Avenue #211, Solana Beach, representing Wayne
Brechtel and the Sierra Club stated in accordance with the settlement agreement
they need an opportunity to review the documents before the property is acquired.
Motion by Councilmember Callery, seconded by Councilmember Snesko to approve
staff recommendation. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27.
Councilmember Cafagna showed a video of a roller blade hockey team using
a church parking lot in Encinitas for their league play. They play every
Saturday. John Tyson, 13531 Mary Earl Court, asked the Council to provide
some place where a Poway league could play and suggested the tennis court
in the Community Park.
Council concurred for Councilmember Cafagna to work with Mr. Tyson to
locate a site, possibly on school district property or a church parking
lot. (1404-03)
28.
Councilmember Callery stated she had been contacted by some teachers whose
children were arrested for violating curfew in San Diego and asked if this
had been a problem in Poway. Other Councilmembers stated they had not
received any complaints. Sheriff's Captain Marmack stated they use the
curfew hours as an enforcement mechanism and most arrests are because of
attitude.
29.
Councilmember Emery requested his item regarding support for gun control
bills be continued to February 15, 1994 to give the other Councilmembers
more time to read the material. (701-11)
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30.
Councilmember Snesko requested his items regarding community policing;
reward for drug dealer conviction; and the "We Tip" program be continued
to February 22, 1994. (1301-01)
31.
Mayor Higginson announced the following appointments to the Library
Advisory Committee: Jeff Beers, Duke Ayers, Antonette Auburn and Kathy
Shawl.
ADJOURNHENT
Mayor Higginson adjourned the meeting at 11:00 p.m. on motion by Councilmember
Snesko, seconded by Councilmember Emery.
Marjorje~K. Wahl
City ~.~P~way
sten, City Clerk
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