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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. 5120 Page 2 - CITY OF POWAY - February 8, 1994 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) 5121 Page 3 - CITY OF POWAY - February 8, 1994 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 5122 Page 4 - CITY OF POWAY - February 8, 1994 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 5123 Page 5 - CITY OF POWAY - February 8, 1994 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. 5124 Page 6 - CITY OF POWAY - February 8, 1994 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. 5125 Page 7 - CITY OF POWAY - February 8, 1994 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 & 5126 Page 8 - CITY OF POWAY - February 8, 1994 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) 5127 Page 9 - CITY OF POWAY - February 8, 1994 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 5128