CC 1994 02-15 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 15, 1994
The February 15, 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 MEHBERS 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
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
Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop 626 led the Pledge of Allegiance.
Sheriff's Captain Marmack introduced new deputies assigned to the Poway Sub-
Station: Joe Long, Albert Hudson, Gary Palmer, Ellen Sanchez and Francisco
Ramirez.
PUBLIC ORAL COHHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak.
David Escobar, 14722 Lynda Park Lane, suggested a skateboard park and
family fun center would be one solution to the youth crime problem.
Kyle Everson, 13561Comuna Drive, Chairman of the Chamber of Commerce's
business advisory committee, requested a two year moratorium on
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enforcement of the new sign and banner ordinance.
Terry Callan, 14753 Carlson Street, stated he has sent a petition to the
Department of Fish & Game, requesting mountain bikes be permitted on the
roads in the Blue Sky Ecological Reserve. (1401-14)
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
January 18, 1994, Regular Meeting
January 25, 1994, Regular Meeting
12. Ratification of Warrant Register - January 27, 1994
(401-10)
13.
Acceptance of improvements and release of securities, La Salle Talman Bank
applicant; sewer main extension in Stone Canyon and Fallen Leaf Roads.
(602-01, #980)
14.
Resolution No. 94-017, entitled, "A Resolution of the City Council of the
City of Poway, California Approving a Regional Growth Management Strategy
and Congestion Management Program Local Consistency Checklist."(1503-02)
15.
Authorization to proceed with competitive negotiations with various
roofing contractors for the re-roofing of Fire Station I. (601-03)
16. Acceptance of 1993-94 Slurry/Cape Seal Program from Asphalt, inc.
(602-01, #990)
17.
Award of bid for construction of sewer main in Golden Way to C.E. Wilson
Corporation in the amount of $37,560 and acceptance of the withdrawal of
JSA Engineering. (1813) (602-01, #1009)
18.
Approval of purchase of APN 321-260-17 for $4,500.00 from the County of
San Diego through a tax default sale, located in Rattlesnake Canyon to be
used as offsite mitigation for Scripps Poway Parkway. (1002-01)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 431/SECOND READING
ADDING 2% TRANSIENT OCCUPANCY TAX
Mayor Higginson read the title of Ordinance No. 431, "An Ordinance of the City
of Poway Adding Section 3.16.031 to the Poway Municipal Code Regarding Transient
Occupancy Tax." Staff report by City Manager Bowersox. This is second reading
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of an Ordinance which would add 2% to the existing 6% transient occupancy tax
which is collected on hotel and motel room rental rates.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Ordinance No. 431. Motion carried unanimously on a roll
call vote.
ITEM 5 (203-02)
TENTATIVE PARCEL MAP 93-06
APPLICANT: DONNA LIEBRICH
Mayor Higginson stated this item was continued from February 1, 1994. Staff
report by Director of Planning Services Wright-Quastler. This is a request to
divide a 5 acre parcel into four 1 acre lots, located on the west side of Lake
Poway Road between Riparian Road and Prairie Vista Road. The condition regarding
mitigation has been changed to read "comply with the mitigation standard for loss
of coastal sage scrub habitat for gnatcatchers adopted by the City Council at the
time of map recordation or grading permit issuance whichever is first." The
current interim standard is 2:1, but when the subarea plan is adopted the
standard may change.
Speaking in favor of staff recommendation:
David Parot, Xinos Enterprises, 9619 Chesapeake Dr. #102, San Diego,
project engineer.
Councilmember Callery stated she is concerned about a lessening of the
environmental standards. From her work with the San Dieguito River Park JPA she
has concluded that we need to start being very sensitive to our environmental
standards.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing, issue a Negative Declaration with mitigation measures, and adopt
Planning Resolution No. P-94-09, entitled, "A Resolution of the City Council of
the City of Poway, California Approving TPM 93-06, Assessor's Parcel Numbers 278-
170-03." Motion carried 3-2 with Councilmembers Callery and Emery voting "no."
ITEM 5.1 (203-04)
VARIANCE 93-10
MINOR DEVELOPMENT REVIEW 93-57
APPLICANT: ROGER MINX
OWNER: THOMAS BRUNANSKY
Mayor Higginson stated this item was continued from February 8, 1994. Staff
report by City Manager Bowersox. This is a request to construct a 11,000 square
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foot two-story home and tennis court at 13411 Summit Circle. A nine foot front
yard setback variance is requested. He noted that the original staff report
prepared for this project indicated that the maximum height of the graded slopes
created for the placement of the proposed house would be as much as 45 to 57 feet
in height. This was a staff error. The upper slope, which is a benched 2:1 cut
will be a maximum of 46 feet including a series of retaining wall systems. The
fill slope created below the house pad will be contoured with a maximum height
of 27 feet. The lower slope conforms to the City's grading design standards and
does not require City Council review. Staff recommends approval.
Speaking in favor of staff recommendation:
Roger Minx, Minx Homes, 14781Pomerado Road, presented a letter from the
homeowners association indicating approval of the project.
Don Ayles, ERB Engineering, 12320 Stowe Drive
Bob Edwards, Soil Retention Systems, 6102 Avenida Encinas, Carlsbad,
presented information about the system of retaining walls proposed.
Leticia Orosco, 15624 Boulder Ridge Lane
Linda Vanderveen, 13571 Summit Circle
Craig Schell, 13391 Summit Circle
Lorene Bowers, 15655 Boulder Ridge Lane
The last four speakers are neighbors of the subject property.
Speaking in opposition to staff recommendation:
Lyle Arnold, 15638 Boulder Mountain Road. Mr. Arnold stated the proposed
cut behind the house would be the most significant cut in
North Poway and stated if the house were moved 12 feet closer to the
road it would eliminate the upper two retaining walls. He talked
about the visual impact on his property.
Jim Seifert, 16344 Martincoit Road, Green Valley Civic Association
All the Councilmembers stated they had visited the property sometime during the
past week. Council concurred this type of application needs to be "red flagged"
and brought to Council sooner in the process. Councilmember Emery stated he will
bring back a request to revise the Grading Ordinance so that owners are not
encouraged to do this type of grading on their property.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-94-10, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Variance 93-19
and Minor Development Review 93-57, Assessor's Parcel Number 275-260-49." Motion
carried 3-2 with Councilmembers Callery and Emery voting "no."
ITEM 6 (1170-02)
SEWER RATE ALTERNATIVES
Staff report by City Manager Bowersox.
When the City Council last set sewer
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rates, they requested staff explore a rate structure that was driven by water
use. Currently residential customers are charged a flat rate of $40.58 every two
months for sewer service. The low-end water users (less than 100 GPD) return
much lower amounts of water to the sewer than the estimated average of 240 GPD.
He stated there are three components of the cost of sewage disposal: 1) the
collection system within Poway; 2) the transmission system from Poway through
Penasquitos Canyon and then to the treatment facilities on Point Loma; 3) the
treatment at Point Loma. Eighty-five percent of the revenues collected through
sewer rates are paid to the Metropolitan Sewage District for the last two
components. Only fifteen percent is for the city's collection system. Staff is
proposing a "revenue neutral" rate structure that will raise the same amount of
money and is similar to the water rate system in that it has fixed costs and
variable costs. It will not be possible to implement such a system until the new
computer system is up and running, probably late in 1994-95 fiscal year.
Speaking in opposition to staff recommendation:
Mike McFarland, 14455 Ipava Drive, stated the sewer rates should be based
on the number of people living in the home.
Sylvia Nicpon, 13325 Buena Vista, asked about the sewer fund balance that
is invested in the pooled money fund. City Manager Bowersox
stated that the sewer fund is made up of capital and operating
reserves. Part of it are funds paid by developers for future
expansion and it is in the pooled money fund because of the higher
interest rates. All interest earned is credited to the fund
balance.
Tom Rogers, San Diego Apartment Association, 7013 Osler Street, San Diego,
requested rates be based on twelve month consumption.
Council concurred that staff is headed in the right direction and requested they
survey the other jurisdictions in the County and also take input from interested
citizens before they formulate their final recommendation.
ITEM 7 (1301-01)
STATUS REPORT OF ILLEGAL ENCAMPMENTS
Staff report by City Manager Bowersox. At the January 18, 1994 meeting, the
Council discussed illegal encampments and the hiring of a Hispanic liaison.
Staff has prepared a status report on illegal encampment activities for 1993.
73 encampments were removed at a cost of $35,000. Of this, $3,500 was paid by
the City for clean up on City-owned property.
Gerardo Camacho, 14291Mariana Drive, stated the migrants are here because jobs
are provided by businesses and residents. The legal immigrants need education
on how to find housing, how to use the banking system, and what health hazards
they are causing by living in the open.
Council suggested a flyer be created that could be distributed when the
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encampments are cleaned up that would have some of this information.
Councilmember Snesko made a motion that an ad hoc committee be established to
implement the recommendations of the Migrant Workers Committee including the
construction of an SRO (single room occupancy), a part-time Hispanic liaison, and
the organization of a "Poway Posse." There was no second.
City Manager Bowersox noted that the SRO issue has been referred to the
Redevelopment and Housing Advisory Committee. It has a low priority for
affordable housing options at this time.
Mayor Higginson stated that the San Diego Division of the League of California
Cities did agree yesterday to support Assemblyman Goldsmith's immigration
legislation. Also, the League has created a task force on immigration and Mayor
Higginson will be appointed to represent the San Diego Division.
ITEM 8 (1401-14)
BLUE SKY ECOLOGICAL RESERVE
Staff report by City Manager Bowersox. At the January 25, 1994 City Council
meeting, the Council requested information concerning the operation of Blue Sky.
It was acquired in 1989 for approximately $2.6 million, $65,000 from the City of
Poway. The City has a cooperative agreement with the Department of Fish and Game
whereby the City removes trash, provides law enforcement through the County
Sheriff and maintains Green Valley Truck Trail. If the City wanted to have
ultimate control we would have to acquire the property from the State. The City,
along with the Friends of Blue Sky, will be able to provide input in the
development of the management plan but the State has final decision making
authority.
Council concurred to receive and file the report.
ITEM 9 (1110-01)
SUBAREA HABITAT CONSERVATION PLAN
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. An approved mitigation measure for the regional
biological impacts of the Scripps Poway Parkway Extension is the preparation of
a subarea habitat conservation plan which would have to be approved by the State
Department of Fish and Game and the U.S. Fish and Wildlife Service. The plan
would be tailored to the composition and extent of sensitive wildlife and
habitats in the community and would be linked with important resource areas
adjacent to the City. The boundaries include the sphere of influence area and
the General Plan planning area.
Motion by Councilmember Emery, seconded by Councilmember Callery to authorize
staff to prepare the Draft Subarea Plan. Motion carried unanimously.
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ITEM 9.1 (1403-05)
TOXIC WASTE FROM AUTO USES
Staff report by City Manager Bowersox. At the January 18, 1994 City Council
meeting Councilmember Emery reported he had received a complaint from a citizen
regarding possible toxic runoff from an auto center along Poway Road west of Gate
Drive. Code Compliance finds no evidence that runoff is going into the creek or
the sewer.
Council concurred to receive and file the report.
ITEM 9.2 (602-01, #1014)
FINAL DESIGN OF SCRIPPS POWAY PARKWAY
Staff report by City Manager Bowersox. Staff invited eight local firms to submit
proposals for final design services for the eastern extension of the Scripps
Poway Parkway. Seven firms submitted proposals and, based on qualifying
criteria, three were asked to make presentations. Staff recommends the City
enter into a contract with Boyle Engineering Corp. to prepare contract plans,
specifications and estimates for completion of Scripps Poway Parkway from its
present terminus at Stowe Drive to Highway 67, including all necessary work
within CalTrans' right of way and provide for a subcontract with Group Delta
Consultants for geotechnical services.
Speaking in opposition to staff recommendation:
Kevin McNamara, 14055 Barrymore, San Diego, with the Penasquitos Planning
Group, asked the City Council to consider putting this project on hold,
giving the TransNet funds to the SR 56 project and be reimbursed by the
City of San Diego at a later date, since he feels SR 56 will be of greater
benefit to the region at this time.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to authorize the
City Manager to negotiate and execute a contract with Boyle Engineering Corp.
Motion carried unanimously.
ITEM 9.3 (1503-36)
SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY
Staff report by City Manager Bowersox. On February 3, 1994, the Interim Solid
Waste Commission reviewed the first draft of a proposed Joint Powers Agreement
that would create the San Diego Solid Waste Management Authority which would
become the successor to San Diego County for regional solid waste services.
Additionally, Poway's share of the costs for a fund management audit and legal
services is $2,068. The third item for the Council to consider is the need for
one of the participating agencies to directly contract for legal services with
costs to be reimbursed by the other agencies. Staff proposes that Poway be that
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contractor.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to accept the
draft Joint Powers Agreement with further review as issues are addressed by the
Interim Commission; appropriate $2,068 from General Fund Reserves for the
management audit and legal services activities of the Interim Commission; and
authorize the City of Poway to act as the contracting agency for legal services
for the Interim Solid Waste Commission, subject to the contract being approved
by the City Attorney. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23B.
Councilmember Emery stated he had just started cable television service
and was concerned about the franchise fee charge that appeared on his
bill. Following an explanation from staff, he understands there is
nothing the Council can do about it, but expressed dismay that citizens
have to pay the cable company for their use of the public right of way.
23A.
Councilmember Emery stated he had received a request from State Senator
Gary Hart to support his gun control legislation. Following discussion,
motion by Councilmember Emery, seconded by Councilmember Callery to
support SB 1756, SB 1276, SB 1277, and SB 1278. Motion failed on a 2-3
vote with Councilmembers Cafagna and Snesko and Mayor Higginson voting
"no."
24A.
Councilmember Snesko stated the Performing Arts Center has a $292,000
operating deficit this year and the Poway citizens are funding theater for
out of Poway people. He suggested the money would be better spent on the
library. He suggested privatization of the PAC or opening it up to other
uses to help reduce the deficit.
25A.
Mayor Higginson stated that the Board of Supervisors has eliminated the
improvement of SA 680 which frees up some regional transportation project
funding. He suggested the Council take a position to support that funding
going to SR 56. Motion by Councilmember Cafagna, seconded by
Councilmember Emery to recommend the Board of Supervisors fund SR 56
rather than SR 52. Motion carried unanimously.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:20 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna
Marjqrie~K. Wahlsten, City Clerk
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