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CC 1992 05-26 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR MEETING NAY 26, 1992 The May 26, 1992, 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. COUNCILMENBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Jim Bentz Mark Weston Reba Wright-Quastler David Narevsky Janis Acosta City Manager City Clerk Assistant City Attorney Assistant City Manager Community Services Manager Director of Engineering Services Director of Planning Services Redevelopment Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Robert Good, 12730 Soule Street, suggested the City Council look at easier methods for enforcing the graffiti ordinance, citing the information he had received from the Sheriff's Department regarding arresting a perpetrator. (1301-01) Howard Stacklin, 13149 TobiasSon Road, spoke against the proliferation of political signs throughout the County. (The following speaker came in during the meeting, and was allowed to speak at the end of the meeting.) John Bruno, 14930 Gavan Vista Road, stated his wife had received a parking ticket while dropping off a child at Tierra Bonita School and asked why we were doing parking enforcement in the school parking lot. 4577 Page 2 - CITY OF POWAY - May 26, 1992 N DA City Manager pulled Item 19 and stated it would be heard at a later date. Motion by Councilmember Snesko, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council: May 5, 1992, Regular Meeting 12. Ratification of Warrant Register for May 7, 1992. (401-10) 13. Denial of claim for damages: A) Genevieve Kelly; B) Rosemary Sparks. (704-13) 14. Approval of City's investment report for April 30, 1992. (408-01) 15. Authorization to purchase three cellular phones, two portable radios, a computer and lease a copying machine for the Sheriff's substation by appropriating $20,162.88 from the Asset Seizure Account. {401-17) 16. Adoption of Resolution No. 92-082, entitled, "A Resolution of the City Council of the City of Poway, State of California, Ordering the Vacation of Drainage Easement Within Lot 58 of City of Poway Tract No. 81-01, Map Thereof 11037 Recorded in the Office of the County Recorder of San Diego County on September 14, 1984 (Vacation 92-02)," property located at 12979 Solera Way. (1002-06} 17. Adoption of Resolution No. 92-083, entitled, "A Resolution of the City Council of the City of Poway, State of California, Ordering the Vacation of a Right-of-way Located Within Parcel 2 of Parcel Map 12206 Recorded in the Office of the County Recorder of San Diego County on June 25, 1982 (Vacation 91-09)," property located at 14452 Midland Road. (1002-06) 18. Designation of San Diego County Library, Poway Branch, to receive Local Appointments List and Notices of Unscheduled Vacancies pursuant to Government Code Section 54973. (701-09) 19. Continue status of pending legislation to June 30, 1992. (701-11) 19.1 Adoption of Resolution No. 92-084, entitled, "A Resolution of the City Council of the City of Poway, California, Urging Support for the Governor's Identification of a Disposal Site for Low-Level Hazardous Waste Within the State of California and Encouraging Other Jurisdictions to Support Same." (1403-05) Motion carried unanimously. 4578 Page 3 - CITY OF POWAY - May 26, 1992 ITEM 4 (1401-02) LAKE POWAY PERMITS AT CONCESSION BUILDING Staff report by City Manager Bowersox. The City Council has requested that fishing permits and boat rentals be sold at Lake Poway concession as a convenience to park visitors. That is being done and signs will be posted to that effect. Council concurred to receive and file the report. ITEM 5 (208-00) AFFORDABLE HOUSING OVERLAY PROCESS Staff report by City Manager Bowersox. At the May 5, 1992 City Council meeting, Fran Davenport raised concerns regarding the process the Redevelopment and Housing Advisory Committee is going through to recommend affordable housing overlay sites to the City Council. He explained the state mandate to provide housing and stated AB 2707, authored by Assemblywoman Tricia Hunter, which will give the city more flexibility in how they provide the units, is proceeding through the legislature. Speaking in opposition to AH sites on Twin Peaks Road: Michael Gallina, 14519 Victoria Estates Lane Haynes Sheppard, 14505 Victoria Estates Lane Susan Callery, 13065 Edina Way, member of the Redevelopment and Housing Advisory Committee, stated they have received extensive opposition to every site proposed and requested the City Council reaffirm the Committee's charge to evaluate each site based on objective criteria and make recommendations to the Council. Council concurred the Committee is proceeding as directed and to receive and file the report. ITEM 6 (1403-06) WEED ABATEMENT APPEALS Staff report by City Manager Bowersox. "Notice to Clean Premises" were mailed on April 16, 1992, giving 10 days to appeal. None were received and owners have the opportunity to present oral appeals at this meeting. There was no one present wishing to speak. ITEM 7 (203-11) INITIATING GENERAL PLAN AMENDMENT 92-01 Staff report by City Manager Bowersox. There are four General Plan Amendments proposed to be considered under GPA 92-01 on June 23, 1992. This action initiates that public hearing process and is required by the Zoning Ordinance. Staff recommends approval. 4579 Page 4 - CITY OF POWAY - May 26, 1992 Motion by Councilmember Hi§§inson, seconded by Councilmember Mcintyre, to adopt Resolution No. 92-085, entitled, "A Resolution of the City Council of the City of Poway, California, Initiating General Plan Amendment 92-01," setting the public hearin§ for June 23, 1992. Motion carried 4-1 with Councilmember Emery voting "no." ITEM 8 (1601-11) PET POLICY IN POWAY ROYAL ESTATES Staff report by City Manager Bowersox. At the May 12, 1992, City Council meeting, a citizen complained about the policy at Poway Royal Estates Mobile Home Park that limits residents to one dog of a certain size. The city inherited the rules and regulations in the form of an agreement between the Homeowners Association and the owner when the park was purchased by the Redevelopment Agency. Staff has contacted other mobile home parks and found pet policies are typical and most are more restrictive than Poway Royal's. Council concurred to receive and file this report. ITEM 9 (203-24) USE OF GUEST HOUSE AS RENTAL UNIT Staff report by City Manager Bowersox. At the May 12, 1992 City Council meeting, a resident complained about the use of a guest house as a second living unit at 16466 Bronco Lane, owned by Richard Baldwin. Mr. Baldwin has requested this item be continued to June g, 1992 and staff so recommends. Speaking in opposition to staff recommendation: Susan Callery, 13065 Edina Way, requested this item be continued to a later date so interested neighbors can attend. Motion by Councilmember Emery, seconded by Councilmember Snesko, to continue consideration of this item to July 14, 1992. Motion carried unanimously. (Councilmember Higginson left the room) ITEM 9.1 (701-09) SENIOR ISSUES COMMITTEE CHARTER Staff report by City Manager Bowersox. On November 26, 1991, the City Council appointed Councilmembers McIntyre and Snesko to serve on the Poway Valley Senior Citizens Subcommittee to establish a formal dialogue between the Council and PVSC. Staff is recommending that a six member committee be formed, including two Councilmembers, two PVSC Board members and two senior citizens not on the PVSC Board. He noted that a change had been made since the draft was forwarded to the PVSC Board to correct the language under "Voting." Action of the Committee will be 4580 Page 5 - CITY OF POWAY - May 26, 1992 by a majority of the Committee, not a majority of a quorum present. Councilmember McIntyre requested that the PVSC Board be notified of this change and that a press release be prepared regarding the need for two additional senior citizen members. Motion by Councilmember Emery, seconded by Councilmember McIntyre to approve the charter for the Senior Issues Committee; appoint PVSC Board members Bill Heyde and Marie Tarzy; and authorize the City Council to file a notice of vacancy for the remaining two positions. Motion carried 4-0 with Councilmember Higginson out of the room. (Councilmember Higginson re-entered the room.) ITEM 9.2 (203-10) APPEAL OF MINOR DEVELOPMENT REVIEW 92-17 OWNERS: ROBERT AND MARION SCIRE Staff report by City Manager Bowersox. On May 13, lg92, the Planning Services Department approved Minor Development Review 92-17 for a single family home on an existing graded pad at 17953 Cielo Court. Angelo Mazzone, owner of an adjacent lot has appealed that approval based on the belief that the Scire residence will jeopardize the full development potential of his lot. He is requesting an entitlement from the City to allow his future home to be 35 feet high if that is the maximum height allowed when he builds so that the Scires cannot protest he is blocking their view when he builds. Staff recommends the appeal be denied. Speaking in opposition to staff recommendation: Angelo Mazzone, 21021Ventura Blvd., Woodland Hills, stated he wants to be sure the Scires do not protest a future 35 foot home on his lot. Keith Kelley, 2620 Canyon Road, Escondido, developer of Highlands Ranch, reminded the Council of the appeal granted Mr. Royster in 1988 over this same issue. Speaking in favor of staff recommendation: Marian Scire, 17586 Via Lomas Drive Robert Scire, 17586 Via Lomas Drive Assistant City Attorney Smith noted that the city does not have a view protection ordinance and the Council should not take any action on Mr. Mazzone's request for an entitlement. Following discussion, motion by Councilmember Emery, seconded by Councilmember Higginson to deny the appeal and adopt Planning Resolution No. P-92-27, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review 92-17, Assessor's Parcel Number 273-901-47," and direct staff to file this report for reference in connection with a future Minor Development Review for Lot 7 in the Highlands Ranch subdivision. Motion carried unanimously. Councilmember McIntyre suggested that the Scires' might consider regrading their lot to help satisfy Mr. Mazzone's concerns. 4581 Page 6 - CITY OF POWAY - May 26, 1992 MAYOR AND CITY COUNCIL-INITIATED ITEMS 22A. Councilmember Emery appointed Fran Davenport to the Redevelopment & Housing Advisory Committee. 22B. 23. 25. 26. Councilmember Emery stated he understood the City of San Diego had received a donation of video cameras to use when making drunk driving arrests. He asked staff to report back on whether or not we could get a similar donation, or, if not, to purchase them for the Sheriff's department Mayor Goldsmith asked when Wal-Mart is scheduled to open. City Manager Bowersox stated construction should be completed in June and the store should open in August. Councilmember McIntyre stated a tree limb is obscuring the "Walk/Don't Walk" sign at Tierra Bonita and Twin Peaks Roads. Councilmember Snesko stated a constituent* of his was given a ticket for parking in a handicap parking space in an empty church parking lot. ADJOURNMENT Upon motion by Councilmember Higginson, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 8:17 p.m. Marjorle ~. Wahlsten, City Clerk City o~o~aY * Corrected by Council action on June 16, 1992. 4582