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.
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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)
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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.
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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.
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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
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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.
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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.
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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.
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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
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