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CC 1991 08-20 CITY OF I)(:RL~Y, CA, LIFORHIA NIHUTE$ OF THE CITY COUNCIL REGULAR NEET]'NG AUGUST ~0, 1991 The August 20, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COIJNCZI.NENBER$ PRESEHT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF NENBER$ PRE~EHT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Steve Streeter Les Berglund Garry MacPherson Janis Acosta City Manager City Clerk City Attorney Director of Administrative Services Director of Co...,unity Services Director of Engineering Services Director of Planning Services Director of Safety Services Assistant Director of Planning Services Public Services Operations Manager DART Program Manager/Battalion Chief Management Analyst PLEDGE OF ALLESTAItCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL C(X4NUHZCATZON$ Mayor Goldsmith explained the procedure for Public Oral Cor~wi)unications. The following persons were present to speak: Jim Melotti, 15485 Willow Ranch Trail, stated he had received a water bill in excess of $800 and protested the arbitrary 60 unit first tier and other aspects of the water rate structure and billing system. City Manager Bowersox stated staff will include this item in the upcoming review of the Drought Assistance Response Team. ® Earl Clampett, 12623 Pedriza, thanked the Council for the prompt response to their complaints regarding the migrants camping in their neighborhood and reminded the Council that all actions taken reflect values. 4290 Page 2 - CITY OF POWAY - August 20, 1991 CONSENT CALENDAR Mayor Goldsmith stated that Item 16.2 has been pulled from the Consent Calendar by staff and Item 16.3 by the public. Motion by Councilmember Emery, seconded by Councilmember Snesko, to adopt the Consent Calendar as follows: 10. Approval of Minutes - City Council: July 30, 1991, Regular Meeting 12. Ratification of warrant registers for August 1, 1991 (fiscal year 1990-91) and July 25, 1991 (fiscal year 1991-92). 13. Denial of claims for damages: A) Donald Janiuk; and B) Monlca Giles. 14. Rejection of all bids for five water test wells; authorization to revise the project to exploratory drilling only and appropriation of additional $15,000 from the Water Fund to cover estimated costs. 15. Adoption of Resolution No. 91-094, entitled, "A Resolution of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of Amendments to the South Poway Specific Plan, SPA 84-010, 84-01P and 84-01Q." 16. Approve the following positions on pending legislation: support AB 26 which would repeal SB 2557 establishing booking fees; oppose AB 3 which would create Regional Development Infrastructure Agencies for each geographic region of the state; oppose AB 315 which would require Redevelopment Agencies to adopt annual findings pertaining to the use of low and moderate housing funds. 16.1 Waiver of signature requirements for Standard Agreement for Construction of Public Improvements - Walmart Stores. Motion carried unanimously. ITEM 4 WATER CONSERVATION OFFSET FEE City Manager Bowersox stated that Linda Brannon, city's representative on the San Diego County Water Authority had requested this item be continued to August 27, 1991. Motion by Councilmember Emery, seconded by Councilmember McIntyre to continue consideration of a water conservation offset fee to August 27, 1991. Motion carried unanimously. 4291 Page 3 - CITY OF POWAY - August 20. 1991 ITEM 5 RAW WATER RATES City Manager Bowersox stated that StoneRidge Country Club, the only entity affected by this action, has requested a continuance to September 10, 1991. Motion by Councllmember Hlgglnson, seconded by Councilmember Snesko to continue consideration of raw water rates to September 10, 1991. Motion carried unanimously. ITEM 6 VARIANCE gl-05/MINOR DEVELOPMENT REVIEW 91-30 APPLICANT: GABRIEL DEROSA Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request for an eight foot encroachment into a front yard setback and the addition of 5,445 square foot to an existing single family home at 16637 Sagewood Lane. The encroachment requested will actually be less than the existing encroachment by the garage. The garage will be demolished. The minor development review is normally done at staff level, however because of the variance it is coming to Council. The structure will be larger than others in the neighborhood and very prominent because of its proximity to the street. Staff reconT~ends approval. Speaking in opposition to staff recommendation: Rosalind Orner, 16609 Sagewood Lane Robert Collett, 13829 Sagewood Drive Speakers were opposed to the size of the structure, stating it was inconsistent with the neighborhood, and expressed concerns over increased traffic causing additional parking problems on the narrow, private street, and potential uses for other than residential purposes. Speaking in favor of staff recommendation: Gabriel DeRosa, 16638 Sagewood Lane. Council concurred they could not make the necessary findings to approve this project as the size is incompatible with the neighborhood. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and deny Variance 91-D5 and Minor Development Review 91-30. Motion carried unanimously. 4292 Page 4 - CITY OF POWAY - August 20, 1991 ITEM 7 MIGRANT WORKER HOUSING COMMITTEE FINAL REPORT City Manager Bowersox introduced Stephanie Starks, Vice Chair of the Migrant Worker Housing Advisory Committee, who presented the Committee's report and had a slide show of current housing conditions, agricultural labor housing in Sonoma and Single Room Occupancy {SRO) hotels in downtown San Diego. The Committee's recommendations include a transitional housing program by the churches; agri- cultural employee housing program; waiving fees and allowing construction of accessory apartments; supporting the development of SRO hotel in the commercial zone; and establishing a $100 per day penalty for property owners who allow individuals to live in substandard housing on their property. Rufino Vargas, 13704 Frame Road, and member of the Committee, stated the need for education for migrants of our laws, job training and expressed support for SRO hotel. DeAnne Erlckson, 15051Vali Hai, and member of the Committee, stated support for the Committee's recommendations except easing standards for accessory apart- ments. Betty Rexford, 11570 Creek Road, and non-voting member of the Committee, also expressed opposition to easing standards for accessory apartments and daily rates in a SRO. She presented a pamphlet printed by For Parents and Kids Sake regarding child abuse and requested the city donate funds to print it in Spanish. Vicki Lazowski, 14440 Golden Sunset Lane, also expressed opposition to easing standards for accessory apartments. Joe Archer, 13841Sagewood Lane, stated the city should be assisting documented, not undocumented, workers. Lynette Perkes, 15832 Lime Grove Road, cited population increases in Mexico and suggested they need assistance with family planning policies. Council discussion included need to determine how the proposals would accom- modate families and reluctance to have approval of this report be construed as approval of all the proposals. City Manager Bowersox stated that staff will be bringing back each of the proposed programs for separate action including tran- sitional housing, employer housing for agricultural workers, accessory housing, single room occupancy hotel, amnesty period to eliminate substandard housing, and penalty for property owners permitting individuals to live in substandard housing. Motion by Councilmember Emery, seconded by Councilmember Snesko to accept the Committee's report and establish a permanent committee, meeting on an as-needed basis, to oversee implementation, particularly the educational portion. Motion carried unanimously. 4293 Page 5 - CITY OF POWAY - August 20, 1991 RECE,~ AgO ~LL TO ORDER Mayor Goldsmith recessed the meeting at g:05 p.m., and called it back to order at 9:15 p.m., with all Councilmembers present. ITEM 8 SOUTH POWAY EXPRESSWAY AT KIRKHAM ROAD Staff report by City Manager Bowersox. In lg90 the Transportation Task Force recommended removing three signals from the South Poway Parkway plan to increase capacity to expressway standards. The signal at Kirkham has been installed but is not operating and several businesses near that intersection wish to contest that decision. The Transportation Advisory Committee reviewed this item in July, 1991 and recommends retaining the existing signal and conducting further studies for improvements to increase the level of service on the South Poway Expressway/Community Road intersection. Staff recommends approval of a fully signalized intersection. Mayor Goldsmith requested staff do a speed survey on the existing segment of the South Poway Expressway in an effort to raise the speed limit from 45 miles per hour. Speaking in favor of staff recommendation: Neville Bothwell, 3575 Kenyon Street, San Diego Motion by Councllmember Emery, seconded by Councllmember Snesko to retain an eight-phase signal at the intersection of South Poway Expressway and Kirkham Road; direct staff to monitor the Community Road and South Poway Expressway intersection and study alternatives to improve its capacity; and conduct a speed survey on the South Poway Expressway. Motion carried unanimously. ITEM 9 REGIONAL TRIP REDUCTION BOARD Staff report by City Manager Bowersox. The SANDAG Board of Directors has adopted a Regional Trip Reduction Program as part of the Transportation Control Measures Plan for Air Quality and is proposing a Board composed of represen- tatives of the business community and public sector employers to administer the program. The County Board of Supervisors, acting as the Air Pollution Control Board is proposing a different trip reduction program and an advisory board to their body. Staff recommends adoption of a resolution supporting SANDAG's plan. Speaking in favor of staff recommendation: Neville Bothwell, 3575 Kenyon Street, San Diego Motion by Councllmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 91-095, entitled, "A Resolution of the City Council of the City of Poway, California, Endorsing SANDAG's Proposal to Create a Regional Trip Reduction Program Board." Motion carried unanimously. 4294 Page 6 - CITY OF POWAY - August 20, 1991 ITEM 16.2 CONDITIONAL USE PERMIT 8g-05/CALMAT REVISED RESOLUTION OF APPROVAL Mayor Goldsmith stated this item was pulled from the Consent Calendar by staff. Item introduced by City Manager Bowersox. This revised resolution is brought forward to clarify that CalMat must comply with the South Poway Specific Plan. City Attorney Eckis stated he had spoken to both William Schwartz, CalMat's attorney, and Councilmember McIntyre regarding this revision. Councilmember McIntyre requested two additions to clarify the Council's intent that CalMat is at their own financial risk in proceeding with this project. Findings 10 and 11 are recommended to read as follows: 10. This approval does not include the proposed asphaltic concrete plant. Any amendment of the Conditional Use Permit must comply with the South Poway Specific Plan as it may be amended from time to time. Approval of any amendment of this Conditional Use Permit shall be at the discre- tion of the City Council. 11. The approval of this Conditional Use Permit satisfies the mitigation measures of the 1985 EIR. Speaking in favor of staff recommendation: William Schwartz, 401B Street, San Diego, representing CalMat. Motion by Councllmember McIntyre, seconded by Councilmember Emery, to adopt Planning Resolution No. P-gl-48R entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 89-05, Assessor's Parcel Number 320-031-03, 04, 06" as amended at this meeting. Motion carried unanimously. ITEM 16.3 DENYING TENTATIVE PARCEL MAP 91-09 APPLICANTS: LAWRENCE AND KATHERINE GROVER Mayor Goldsmith stated this item was pulled from the Consent Calendar by the public. Staff report by City Manager Bowersox. On August 13, 1991 the City Council voted to deny Tentative Parcel Map 91-09, a proposed two lot subdivision at 17543 Boca Raton Lane because it was out of character with the neighborhood. Staff will be proposing a rezone of these few larger lots in the StoneRidge area to RS-2 with the General Plan update next month. Staff recommends adoption of the Resolution confirming the August 13 action. Speaking in opposition to staff recommendation: Jerry Pinney, 13627 Olive Tree Lane, engineer for the applicant. 4295 Page 7 - CITY OF POWAY - August 20, 1991 City Attorney Eckis stated that the public hearing is closed; however the appli- cant may request to have this item reheard. The action before the Council at this meeting is to confirm their previous action. Motion by Councllmember Emery, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-91-55, entitled, "A Resolution of the City Council of the City of Poway, California, Denying Tentative Parcel Map 91-09, Assessor's Parcel Number 273-132-02." Motion carried unanimously. ITEM 17 CITY MANAGER ITEMS City Manager Bowersox stated the water conservation efforts savings for last week and 41% for the month to date. achieved a 28% AgO ~ITY COUNCIL-INITIATED lIENS 19. Councilmember Emery requested staff bring back a report regarding the funding of a Spanish language brochure regarding child abuse as requested by Betty Rexford under the Migrant Worker Housing Advisory Committee report. 20. Mayor Goldsmith announced the following appointment to the Redevelopment & Housing Advisory Committee: Joyce Eiswald {Higginson}; Dave Churchill (Emery); Peggy Lester {McIntyre}. 21. Councilmember Higglnson requested a status report regarding SR 56 west of Pomerado Road. City Manager Bowersox stated the project should be completed in three to four months. 23. Councllmember Snesko stated he was concerned about San Francisco United Way's threatened cut in funding for the San Francisco Boy Scouts because of the Boy Scouts refusal to have homosexual leaders and scouts. He moved that the San Diego United Way be barred from their annual campaign among city employees unless they would agree in writing to not change their funding for San Diego Boy Scouts and immediately notify the city if the homosexual issue was considered by their Board of Directors. He also moved that the City Council take a position in opposition to AB 101 which would recognize homo- sexuals as a minority in granting equal rights in employment and housing. There was no second to the motions. Speaking in favor of Mr. Snesko's position: Dr. Hans Nikoley, 13015 Wanesta, pastor of the Pomerado Road Baptist Church. Edith Walter, 14143 Mussey Grade Road, Ramona Mary Ellen Mattson, 13326 Con~nunity Road 4296 Page 8 - CITY OF POWAY - August 20, 1991 RECE,~ AI~ ~.ALL TO ORDER Mayor Goldsmith recessed the meeting at 10:15 p.m., and called it back to order at 10:25 p.m., with all Councilmembers present. Speaking in favor of Mr. Snesko's position: Patricia Chavis, 14704 Kalapana Mayor Goldsmith stated he was not elected to decide these issues and because the United Way's policy of funding the Boy Scouts in San Diego has not changed, nor is being considered for change, made a motion that he be authorized to send a letter to the San Diego United Way and San Diego Boy Scouts apologizing for this being an item of discussion at the City Council meeting. Councilmember Higginson seconded the motion and requested it be amended to add direction to staff to do an analysis of AB 101 and its impact on Poway. Following extensive discussion, motion carried 4-1 with Councilmember Snesko voting "no." Councllmember Snesko made a motion to obtain an agreement from United Way to not attempt to coerce the Boy Scouts to allow homosexual leaders if AB 101 passes and if they are approached by the gay con~nunity, to notify the City if the issue is to be discussed by their Board. There was no second to the motion. AI~RI~E#T Upon motion by Councllmember Emery, seconded by Councilmember Higginson, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 11:15 p.m. Marjorie K~. Wahlsten, City Clerk City of~P~ay 4297