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CC 1994 04-19 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 19, 1994 The April 19, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:05 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 HEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Randy Williams Warren Shafer Mark Sanchez 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 Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. EMPLOYEE SERVICE AWARDS Mayor Higginson and City Manager Bowersox presented employee service awards to Lloyd Harrison, Public Works Inspector; Mark Sanchez, Director of Safety Services; and Dave Walters, Fire Inspector, for twenty years service; and Rick Tallman, Firefighter/Paramedic for ten years service. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Peggy Shea, 12423 Paseo Colina, asked why SDG&E doesn't just put in an 8" gas main in Pomerado Road rather than the 36" pipeline. City Attorney Eckis stated the City Council had made that suggestion and SDG&E has sued the City over our refusal to issue a right-of-way permit. 5190 Page 2 - CITY OF POWAY - April 19, 1994 David Butler, 12729 La Vista Way, President of the Southwest Poway Homeowners Association, presented a letter they had sent to SDG&E requesting SDG&E install an 8" gas main in Pomerado Road rather than the 36" pipeline. John Kane, 14635 Twin Peaks Road, requested a letter absolving him from any liability arising from the road and wall being constructed on an easement on his property to serve a neighbor. CONSENT CALENDAR Councilmember Cafagna pulled Item 13 from the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council March 22, 1994, Regular Meeting March 24, 1994, Adjourned Regular Meeting 12. Ratification of Warrant Register - March 31, 1994 (401-10) 14. Adoption of Resolution No. 94-039, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Poway Villas Annexation," (APN 323-031-01, 14400 Poway Road); Resolution No. 94-040, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, JRA, Inc., William and Gail Cochran, and Dickerson and Katherine Wright Annexation," (APN 321-011-30 & 31, 15009 and 15020 Evergreen Lane); Resolution No. 94-041, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Robert and Cathy Collett Annexation," (APN 275-791-56, 13829 Sagewood Drive); and Resolution No. 94-042, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Douglas and Lois Pierson Annexation," (APN 278-442-35, 156210akstand Road). (1170-11) 15. Adoption of Resolution No. P-94-23, entitled, A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program Modification 80-16M(2), Assessor's Parcel Number 317-130-47," Mark Dunlop/MegaFoods applicant: modifying a previously approved comprehensive sign program for the former K-Mart Center, newly named the Mega Plaza, located at 13644 Poway Road. (203-15) 16. Acceptance of street lights on Tobiasson Road from Patterson Brothers Lighting, Inc. (1317) (602-01 #1000) 5191 Page 3 - CITY OF POWAY - April 19, 1994 17. Acceptance of improvements and release of securities for a sewer main extension at Via Del Toro and Camino Del Valle, Robert Peterson applicant. (602-01 #986) 18. Approval of the following positions on pending legislation: support SB 1488 which authorizes any local agency that provides library services to establish an assessment district and levy an annual assessment for library services; oppose AB 2414 which would add the mandate that all traffic hearing officers have the equivalent of a law degree in order to serve as a traffic hearing officer; oppose SB 1424 which would exempt leases to the state or any local agency of personal property in excess of $1,000 from state and local sales tax; support AB 2711 which would direct the controller, the Department of Finance, and the Bureau of State Audits to develop a plan for conducting performance reviews of all state agencies; support AB 3053 which revises the statement of legislative intent regarding the confidentiality of juvenile records; support AB 2742 which authorizes the Alcoholic Beverage Control Board to cite liquor store licensees for disorderly conduct or public nuisance violations on the public sidewalk outside the store; oppose AB 3447 which would mandate that all cities adopt a home enterprise ordinance allowing businesses to be conducted in residential zones; support SB 2002 which would allow all-mail ballot elections; oppose AB 3176 and AB 133x which preempts local regulatory authority over the sale and display of the implements of graffiti; and support SB 1989 which requires the State Auditor to conduct an audit of all state agencies and programs. (701-11) 18.1 Approval of Agreement for Defense and Indemnification of San Diego County in connection with Scripps Poway Parkway Extension. (602-01 #1020) Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 432/SECOND READING KEEPING OF LARGE ANIMALS (HORSES) Mayor Higginson read the title of Ordinance No. 432, "An Ordinance of the City of Poway, California, adopting Zoning Ordinance Amendment 94-01, Amending Title 17 of the Poway Municipal Code Regarding the Keeping of Large Animals, Including Regulations Concerning Limitations on the Number of Animals that can be Kept (ZOA 94-01)." Staff report by City Manager Bowersox. He stated that since the first reading the City has continued to receive correspondence regarding this Ordinance. Staff recommends that the City Council adopt this Ordinance as amended at the first reading in order to proceed with the commercial stable issue. Additional amendments can be considered at a later date. 5192 Page 4 - CITY OF POWAY - April 19, 1994 Councilmember Callery presented some recommended changes and suggested they be brought back to Council in 90 days. Councilmember Snesko stated he is opposed to hard and fast restrictions and suggested a Horse Commission be established to deal with horse issues when there are complaints and to educate horse owners. Speaking in opposition to the Ordinance as presented: Peggy Collette, 13969 Bernadotte Lane David Griffin, 12655 Gate Drive Connie Griffin, 12655 Gate Drive Elaine Jeter, 17834 Villamoura Drive Bea Reuel, 13710 Paseo Bonita Speakers again stated that the ordinance does not do enough to protect neighbors from the "horses next door" and stated they would start an initiative to let the voters decide the horse issue. Councilmember Emery pointed out that presently if you have an acre or more you can have an unlimited number of horses and there have been very few problems. Speaking in favor of staff recommendation: John Scott, 13971Bernadotte Lane Colin Martin, 16427 Orchard bend Road Anne Martin, 16427 Orchard Bend Road Mary Shepardson, 13815 Johannesberg Drive #1 DeAnne Erickson, 15051Vali Hai Road Terri Rocovich, 14627 Espola Road Allen Preckel, 11198 Amalia Court, San Diego Shelley Drake-Kincaid, 13240 Ann-o-Reno Lane Adrienne Regard, 14908 Espola Road Carolyn Rocha, 14033 Eastern Street Robert Coates, 10444 Rue Du Nuage, San Diego Barbara Branscom, 13687 Comuna Drive Janet Helms, 13434 Little Dawn Lane Ann Laux, 12710 Roca Grande Drive Sherry Chambers, 13109 Golden Way Speakers thanked the Council for a workable ordinance. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing. Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:30 p.m. and called it back to order at 8:40 p.m. with all Councilmembers present. 5193 Page 5 - CITY OF POWAY - April 19, 1994 Councilmember Cafagna gave some history on how we got to this point and cited a lack of enforcement on the City's part and the need to have specific horse management regulations. He pointed out that there have only been a few problems of inconsiderate neighbors. Motion by Councilmember Snesko to establish a 10 member Horse Commission with 5 civic association leaders and 5 horse representatives. There was no second. Councilmember Callery stated she wants the infraction mechanism used to enforce horse management problems; addition of some sideyard setback and slope criteria; and commercial stables only in the RR-A or RR-B zones. She suggested either going back to first reading to incorporate these changes or directing staff to include them as amendments within 90 days. Councilmember Emery stated he does not support a Commission but would support referring Councilmember Callery's suggestions to staff for future consideration. Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further reading. Motion carried unanimously. Motion by Councilmember Emery to adopt Ordinance 432 as presented and refer to staff Councilmember Callery's recommendations regarding setbacks, zoning, infractions, and slope. Motion carried 3-2 on a roll call vote with Councilmembers Callery and Snesko voting "no." Mayor Higginson requested that staff keep a good record of horse-related complaints. City Attorney Eckis stated his office was previously instructed to not bring enforcement actions against the commercial stables until this issue was resolved. They will start enforcement as soon as the ordinance takes effect. As suggested by Councilmember Callery, staff will use the infraction mechanism with horse management problems. ITEM 6 (1206-02) COX CABLE'S BASIC RATES Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. Public Knowledge, Inc. has completed the review of Cox Cable San Diego's rates and finds they are $.10 higher per month than they should be. Staff recommends adoption of a resolution proposing the disapproval of existing rates for the basic service tier and setting a public hearing for May 24 for Cox to comment. Speaking in opposition to staff recommendation: Sandra Murphy, Cox Cable, 5159 Federal Boulevard, San Diego. She 5194 Page 6 - CITY OF POWAY - April 19, ]994 requested this be continued to May 24 in light of the new FCC rules issued March 30. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 94-043, entitled, "A Resolution of the City Council of the City of Poway, California Pursuant to Sections 76.933(c), 76.936, 76.940, 76.941, and 76.942 of the Rules and Regulations of the Federal Communications Commission (FCC) Proposing the Disapproval of Existing Rates and Charges for the Basic Service Tier and Associated Equipment for Cox Cable San Diego, Inc. (COX), Seeking Comment Why a Prospective Rate Reduction, Prescribing Rates and Charges for Basic Service Tier, and Refunds Should not be Ordered, and Directing Cox to Keep an Accurate Account of all Amounts Received by Reason of the Rates in Issue and on Whose Behalf such Amounts were Paid." Motion carried unanimously. ITEM 7 (402-05) FEE FOR ANNUAL RIGHT-OF-WAY PERMITS Mayor Higginson opened the public hearing. City Manager Bowersox stated the utility companies have requested this item be continued in order to allow time to meet with staff. Staff recommends continuance to May 10, 1994. Speaking in opposition to the proposed fee: Sandra Murphy, Cox Cable, 5159 Federal Boulevard, stated they do not feel this fee should be applicable to Cox Cable since the franchise fees they pay cover use of the street right of way. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue consideration of the fee for annual right-of-way permits to May 10, 1994. Motion carried unanimously. ITEM 8 (1180-01) VIDEO HISTORY OF POWAY Staff report by City Manager Bowersox. On March 1, 1994, Councilmember Snesko presented a proposal to the City Council to work with the Poway Historical Society and Poway High School to produce a historical video of Poway by interviewing persons who lived in the community many years ago. Staff has contacted Arnold Kunert, a Poway High School teacher regarding the project, however due to his schedule it would not be possible to work on the project this year. It is recommended that the City Council reconsider this project in the fall when school starts again. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt staff recommendation. Motion carried unanimously. 5195 Page 7 - CITY OF POWAY - April lg, 1994 ITEM 9 (1601-02) WATER TREATMENT PLANT IMPROVEMENTS Staff report by City Manager Bowersox. The City Council requested additional information regarding several issues relating to the Water Treatment Plant Improvement Program. One of these was the possibility of acquiring waivers from the Health Department's Compliance Order to replace the Hardinge filters which are shallow filter beds utilizing an automatic backwash system with short backwash cycles and comprise half of the treatment plant. They were installed in 1970 and require a great deal of maintenance. Staff does not believe the Health Department will issue a waive, but irregardless, they need to be replaced. Poway Municipal Water District did not have an equipment replacement fund and, in 1981, the City Council began including seven cents in the water rate for replacement. $3.1 million of this project can be financed from that fund. $2.5 million will come from the Redevelopment Agency and $2.5 million from bonds. Another issue is the sales of treated water to other agencies, either San Diego County Water Authority or Ramona Municipal Water District. There is adequate treatment plant capacity to do this and it is beneficial to the plant to run at full capacity. Additionally, the revenue generated from outside sales would help reduce future increases to the water rates for the Poway water subscribers. Speaking in opposition to staff recommendation: Jim Shea, 12423 Paseo Colina, stated the fire hydrant in his cul-de-sac has not been flushed since 1989 and he quoted from the 1992 water quality report about the good quality of our water. Council directed staff to report back regarding the flushing program. ITEM 9.1 (1503-17) SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT MOU Staff report by Director of Engineering Services Weston. The San Diego Area Wastewater Management District was established in 1993 with the intent of providing a regional district to replace the Metropolitan Sewerage System operated by the City of San Diego. The City of San Diego requested the conceptual framework be established by a Memorandum of Understanding which is now in draft form. Staff recommends that the SanDistrict Board member be directed to recommend the following changes to the MOU: 1) front funded contract costs, billable to the member agencies from 1987 to 1994, will be due and payable July 1, 1994. Interest will not be charged to member agencies. 2) front funded non- contract costs will be collected from members agencies on an 8-payment plan with milestones for completion of various agreements. 3) beginning July 1, 1994 member agencies will pay their flow-based, fair share allocable costs for all costs associated with the program. 4) decisions associated with Tijuana sewage will be determined by SanDistrict board after assets are transferred. 5196 Page 8 - CITY OF POWAY - April 19, 1994 Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation and so direct Councilmember Snesko, the City's SanDistrict Board member. Motion carried unanimously. ITEM 13 (602-01 #1006) AGREEMENT FOR FUNDING BLUE SKY NATURALIST Councilmember Cafagna pulled this item from the Consent Calendar. City Manager Bowersox stated this agreement is to fund one-half of a naturalist for 1993-94. It commits the City and the State to evaluate the agreement before June 30 for subsequent years. Council discussed tying this action to the Council's desire to have bicycles allowed on the Green Valley Truck Trail. Councilmember Callery expressed the fear that the naturalist will be moved from Blue Sky to another reserve if the Council took that action. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 94-044, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the City Manager to Execute the Cooperative Agreement between the State of California Department of Fish and Game and the City of Poway for the Part-time Funding of a Fish and Wildlife Interpreter Position and the Appropriation of $33,333 from the General Fund Reserve for said Position," and direct staff to send a letter with the check stating that the City feels we should have some input into the park's management, including bicycles. Motion carried 3-2 with Councilmembers Callery and Snesko voting "no." (Councilmember Callery left the meeting at 10:10 p.m.) CITY MANAGER ITEMS 19. City Manager Bowersox reported that the San Diego County Planning Commission approved the general plan amendment for Scripps Poway Parkway eastern extension. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23A. Councilmember Emery requested an update on the High Valley Road improvement project. Director of Engineering Services Weston stated the proposed assessment spread was given to the High Valley Association and they have mailed a packet of information with a questionnaire to their members. Councilmember Cafagna stated he is meeting with Supervisor Jacobs to find out if the County will do a partial funding of the improvements in return for the dissolution of the County Service Area. Staff will report back next month on the results of the questionnaire. 5197 Page 9 - CITY OF POWAY - April 19, 1994 23B. Councilmember Emery requested a joint meeting with the Library Advisory Committee to discuss their progress. Council concurred for staff to schedule. 24A. Councilmember Snesko made a motion that we get a proposal from Jay Smith of Public Knowledge, Inc. to do an audit of Cox Cable and Southwestern Cable to ensure the city is receiving the appropriate franchise fees. Motion seconded by Councilmember Cafagna and carried 4-0 with Councilmember Callery absent. 25A. Mayor Higginson reported that the property at Del Norte and Stone Canyon where a public nuisance was declared last year has excessive automobiles there again and requested staff start enforcement proceedings. 25B. Mayor Higginson reported there is graffiti in the brow ditch by the ball field at Pomerado School and requested it be cleaned up. 25C. Mayor Higginson stated that the pedestrian/equestrian trail on the east side of Pomerado Road between the Christian Science and Episcopal Churches does not connect and requested staff look at that. 25D. Mayor Higginson discussed SANDAG's scheduled deliberation on Proposition A regarding relocating the airport to Miramar. 25E. Mayor Higginson received Council concurrence to cancel the May 3, 1994 City Council meeting since only Consent Calendar Items were scheduled. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:50 p.m. on motion by Councilmember Cafagna, seconded by Councilmember Emery. Marjor~ie~<. Wahlsten, City Clerk City o~_~way 5198