CC 1994 09-13 CITY OF POgAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 13, 1994
The September 13, 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.
COUNCILNEHBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF MEMBERS 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
Patrick Foley
Jim Bentz
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
Principal Planner
Sheriff's Captain
Principal Management Analyst
Community Services Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented Certifications of Completion to Volunteer Park Rangers
who have completed their training course.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
David Butler, 12729 La Vista, President of the Southwest Poway Homeowners
Association, stated he was disappointed the City Council had chosen to not
appeal the San Diego Gas & Electric decision and that the matter had not
been discussed in open session.
Charlene Albert, 12818 E1 Rey Vista, stated the City Council has a
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negative attitude towards the Poway Royal Mobile Home Estates residents
that is not evident in their dealings with other Poway residents. She
reminded the City Council that they have an obligation to treat all
residents with respect.
DeAnne Erickson, 15051Vali Hai Road, Chairman of the Parks & Recreation
Committee, stated she had read of the recent Council discussion of
indemnifying residents owning property next to a public trail and
presented a copy of California Civil Code 846 which she says gives
immunity to private property owners for recreational use of their
property. (1503-28)
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
o
Approval of Minutes - City Council
August 16, 1994, Regular Meeting
August 18, 1994, Adjourned Regular Meeting
o
Authorization to Solicit Proposals for Banking Services beginning January
1, 1995. (601-03)
Receive and file the annual review of CalMat-Poway Conditional Use
Permit/Reclamation Plan 89-05 for aggregate extraction and processing
activities on a 166 acre site; located on the north side of Beeler Canyon
Road, south of Kirkham Way, South Poway area; noting that 5-year Interim
Management plan is active through March, 1999. (203-08)
10.
Adoption of Resolution No. P-94-48, entitled, "A Resolution of the City
Council of the City of Poway, California approving Minor Development
Review 94-38 (Hillside/Ridgeline), Assessor's Parcel Number 321-270-55,"
Elwood Norris, applicant, to construct a 16,160 square foot split-level
home and a 1,272 square foot guest house on a 40 acre parcel located at
the southern terminus of Blue Crystal Trail. (203-10)
11.
Adoption of Resolution No. 94-097, entitled, "A Resolution of the City
Council of the City of Poway Accepting the Dedication for Grant in Fee
Title of Lot D, Joint Easement for Open Space and Inundation below the
Elevation of 700 feet and 750 feet Mean Sea Level in Lot 149, and
Easements for Ingress and Egress, Utility Purposes, and Equestrian and
Pedestrian Trail Purposes in Lot 149, all in City of Poway Tract No. 83-
02, Map No. 12090," located east of Hidden Valley Drive and Quiet Valley
Lane. (203-01)
12.
Adoption of Resolution No. 94-098, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a No Parking Zone on
the West Side of Old Pomerado Road from Beeler Creek Bridge Extending
Northerly 400 Feet." (1163-01)
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13.
Report of administrative action taken on City Council-Initiated and Public
Inquiry Items through September 6, 1994. (701-10)
14. Award of Bid for 1994-95 Citywide Traffic Striping/Pavement Marker
Replacement Program to IPS Services, Inc. in the amount of $89,668.47.
(602-01 #1029)
Motion carried unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 94-09
APPLICANTS: BILL & PAT STEINER
City Manager Bowersox stated that the applicant had requested this item be
removed from the calendar and readvertised when it is ready to be heard. Motion
by Councilmember Emery, seconded by Councilmember Callery to remove this item
from calendar. Motion carried unanimously.
ITEM 5.1 (1503-17)
SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT
Staff report by City Manager Bowersox. On June 28, 1994, the City Council took
action to support the San Diego Area Wastewater Management District, however five
agencies have chosen to withdraw. If the SanDistrict is not formed all member
agencies will rely on their current sewage disposal agreements regarding
responsibilities for wastewater treatment in the Metro System. On August 26,
1994, Judge Brewster issued an Interim Order identifying the North City Water
Reclamation Plant as a facility to be built but did not stipulate that the
facility was part of the final compliance order. Our sewer rates were set based
on what the City of San Diego said would be our "fair share costs" including the
North City Water Reclamation Plant. Staff recommends maintaining our current
sewer rate but establishing a separate account for the difference in funds
between the allocable cost under the Metro Agreements and the City of San Diego
"fair share version" of the Clean Water Program until the court case is resolved.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff
recommendation. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19A.
Councilmember Emery stated he and Councilmember Callery were proposing a
compromise operating schedule for the Poway Midland Railroad Road rolling
stock of 10-3 on Saturdays and 11-2 on Sundays, no scheduled operations on
Christmas, Easter, and New Year's, 9-5 on Labor Day, Community Day,
Memorial Day and the Fourth of July; with some midweek hours for schools
and community groups scheduled 30 days in advance. He stated that neither
the neighbors or the volunteers agreed totally with the proposal but he
requested the City Council make a decision tonight and not continue it any
longer.
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Speaking in favor of the recommendation:
Roger Mohling, 13911 York Avenue, Poway-Midland Railroad Volunteers
Jill Nasman-Moore, 14126 Sycamore Avenue
Denise Hankins, 12805 Stone Canyon Road, owner and former resident
at 14146 Sycamore Avenue.
Greg Hankins, 12805 Stone Canyon Road
Carman Steven, 14134 Sycamore Avenue
William Holgren, 14152 Sycamore
Neighbors again cited the effect of the train noise on their lives and
pointed out that they were there first.
Speaking in opposition to the recommendation: Mike Piersa, 4053 Lewis, Oceanside
Richard Childs, 2758 Kauana Loa, Escondido, chief train mechanic for
the Volunteers
Joseph Brazick, 14334 Carnitas St.
George Popa, 13265 Vista View Court, Assistant Superintendent of
Operations for the Railroad Volunteers
Steve Oualline, 10214 Black Mountain Road, San Diego, Superintendent
of Operations for the Railroad Volunteers
Vic Hengeveld, 12425 Oak Knoll Road
Speakers pointed out the benefits of the railroad to the community and the
many hours of work they have put into the trains.
Councilmember Cafagna suggested that even though the City has a large investment
in this property we need to give the neighbors some relief. He suggested
extended hours on Sunday, reduced on Sunday and one Sunday off.
Councilmember Snesko stated he favors extended hours that are consistent. He
suggested that we talk to the neighbors about constructing a wall to help
attenuate the noise. Three of the speakers, when questioned by him, stated they
were willing to talk about it.
Councilmember Callery stated Old Poway Park is in the middle of a residential
neighborhood and the neighbors need some relief on week-ends. She stated the
only way she would support exended hours would be if one week-end a month had no
train operation.
Mayor Higginson stated he could support hours of 9-4 if there was one Sunday off
and if from 9-10 and 3-4 something other than the whistle could be used for
warning. He also suggested the City budget to reimburse the volunteers for lost
revenue from reduced hours.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to set hours of 9-4
on Saturday with no whistle before 10 a.m. if possible; 11-2 on Sunday with one
"dark" Sunday a month; talk to residents about a wall; examine the lost revenue
issue; permit an unloaded safety run as requested 1/2 hour before scheduled
hours; no train operations on Christmas Day, Easter Sunday and New Year's Day;
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9-5 on Labor Day,Community Day, Memorial Day and the Fourth of July; maximum of
6 hours of special event trips involving schools and community groups for
educational purposes, to be scheduled 30 days in advance and conducted between
10-1 on weekdays. Motion carried 4-1 with Councilmember Snesko voting "no."
(602-01 #1022)
ADJOURNHENT
Mayor Higginson adjourned the meeting at 8:30 p.m. on motion by Councilmember
Emery, seconded by Councilmember Callery.
Maejor/ie\K. Wahlsten, City Clerk
City o~.~oway
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