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CC 1992 08-04 CZTY OF POWAY, CALIFORNZA MZNUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 4, 1992 The August 4, 1992, regular meeting of the City Council of the City of Poway, was called to order at 7:12 p.m., by Mayor Goldsmith at the Community Center, 13094 Bowron Road, Poway, California. COUNCILNENBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Mark Weston Reba Wright-Quastler Steve Streeter David Narevsky Patrick Foley Pamela Colby Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Engineering Services Director of Planning Services Assistant Director of Planning Services Redevelopment Manager Principal Management Analyst Senior Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. ITEM 3 (702-02) MAYOR RESIGNATION AND APPOINTMENT A) City Attorney Eckis stated that, based on Mayor Goldsmith's announcement at the July 21, 1992 meeting that he would resign at this meeting in order for his seat to be filled at a special election on November 3, 1992, staff has prepared various documents, including an Ordinance authorizing the City Council to fill the vacancy until the election by appointment. Under provisions of the Government Code, this Ordinance takes effect immediately and does not require a second reading. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Ordinance No. 366, entitled, "An Ordinance of the City of Poway, California, Adding Section 2.24.030 to the Poway Municipal Code to Take Effect Immediately Regarding Vacancies and Special Elections." Motion carried unanimously on a roll call vote. 4643 Page 2 - CITY OF POWAY - August 4, 1992 Be Mayor Goldsmith stated that because he is the Republican nominee for the 75th Assembly District in the November 3, 1992 election he was choosing to resign and accept an appointment to fill the vacancy until the election in order for the City to consolidate the special election with the general municipal election at a savings of approximately $60,000. He turned the gavel over to Deputy Mayor Mclntyre and left the dias. C. City Clerk Wahlsten declared there is a vacancy in the office of Mayor. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-157, entitled, "A Resolution of the City Council of the City of Poway, California, Calling and Giving Notice of the Holding of a Special Municipal Election to be Held on Tuesday, November 3, 1992, for the Election of a Mayor for Remainder of a Four Year Term Which Expires on November 8, 1994." Motion carried 4-0 with one vacancy. Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt Resolution No. 92-158,, entitled, "A Resolution of the City Council of the City of Poway, California, Requesting the Board of Supervisors of the County of San Diego To Hold a Special Municipal Election on November 3, 1992, Pursuant to Section 2500 of the Elections Code." Motion carried 4-0 with one vacancy. Fe Motion by Councilmember Snesko, seconded by Councilmember Emery to appoint Jan Goldsmith to fill the vacancy in the Office of Mayor until the special election to be held November 3, 1992, in accordance with provisions of Ordinance No. 366. Motion carried 4-0 with one vacancy. City Clerk Wahlsten administered the oath of office to Jan Goldsmith and he resumed his place at the dias. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 19. Approval of Minutes - City Council: June 30, 1992, Regular Meeting July 14, 1992, Regular Meeting 21. Ratification of Warrant Registers for July 8 and 17, lg92 (FY lg91-92), and July g, and 15, 1992 (FY 1992-93). {401-10) 4644 Page 3 - CITY OF POWAY - August 4, 1992 22. Receive and file status report regarding Poway Motors, Inc. changing its name to Richardson Pontiac-Buick-Oldsmobile and GMC Truck, Inc. and paying for the purchase of property from the Redevelopment Agency in full rather than in installments as stated in the amended Disposition & Development Agreement. (602-01, #137R) 23. Adoption of Resolution No. P-92-36, entitled, "A Resolution of the City Council of the City of Poway, California Approving Comprehensive Sign Program 92-03, Assessor's Parcel Number 317-222-11," for the five building complex located at 12300 through 12340 Stowe Drive, Poway Industrial Park General Partnership, applicant." (203-15) 24. Release of bonds and termination of Standard Agreement for Tentative Parcel Map 89-02, Gelb; located north of Donart Drive, west of Tierra Bonita Road. {602-01, #821} 25. Authorization to transfer SB 90 funds received for firefighter personal safety alarm devices to General Fund Revenue Account for expenditure. (401-13) 25.1 Approval of the appropriation of $1,270 from the General Fund Reserve to offset the Aquatics Division part-time salary account in FY 1991-92. (205-04) Motion carried unanimously. ITEM 5 (203-25) AFFORDABLE HOUSING OVERLAY Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Director of Planning Services Wright-Quastler explained the State requirements for a Housing Element approved by the State's Department of Housing and Community Development (HCD). This requirement is a result of the "Bergeson Bill", SB 2774, which became effective January 1, 1992. The Housing Element must identify adequate sites at densities "appropriate" to the development of housing affordable to various income categories and have programs in place to encourage such development in order to accommodate its regional share of housing as determined by HCD from projections prepared by SANDAG. Poway's regional share is 497 units of very low income, 368 units of low income and 454 units of moderate income. The Council determined that an Affordable Housing (AH) overlay attached to various properties rather than rezoning to densities suggested by HCD would be more beneficial to our community. City Attorney Eckis explained the consequences of not complying with the State mandate in that the State could turn our land use powers over to a local court. He stated that the City Council has sponsored AB 2707 in an effort to get more flexibility in how we must comply. It would allow HCD to consider alternative means, such as conversion of existing units to affordable housing, as meeting the requirements rather than considering only new units. In response to query from Councilmember McIntyre, City Attorney Eckis stated that there is no requirement for the city to ensure that units are built, only that land is designated. 4645 Page 4 - CITY OF POWAY - August 4, 1992 Tom Tremble, Chairman of the Redevelopment & Housing Advisory Committee, reviewed the process the Committee had gone through to reach their recommendation of thirteen sites brought to the City Council at this meeting. Mayor Goldsmith made a proposal that only sites 28, 29 and 2 be given an AH overlay with 28 and 29 being for very low income seniors and 2 being split with 50 units being very low income family and 36 being low income family. This would give us enough units to meet the very low and low requirements and would put a project in north Poway, south Poway and mid-Poway. Staff could then re-look at the moderate sites and bring a recommendation back at a future meeting. Speaking in opposition to the Committee's recommendation: Larry Cruse, 13734 Utopia Randy Wilkins, 14617 Acton Court, representing Green Valley Civic Association, Garden Road Association and Poway Civic Association. Phil West, 12813 Selma Court Steven Gold, 12851 Iola Way Fran Davenport, 12256 Old Stone Road, member of the Redevelopment Housing Advisory Committee, presented her minority report Earl Knox, 12419 Paseo Colina Robert Good, 12730 Soule Street Nellie Good, 12730 Soule Street Chris Hall, 12304 Bluewing Court Steve Gyarmati, 12939 Creek Park Portia Isaacson, 12722 Tustin Street Bill Gillespie, 14230 York Avenue James Zangerle, 12538 Robison Boulevard Dave Greaney, 13520 Powers Road Mike Pruitt, 12709 Roca Grande RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at g:25 p.m. and called it back to order at 9:35 p.m. with all Councilmembers present. Because of the difficulties with the sound system, Mayor Goldsmith went out into the audience and explained his proposal for the three AH sites, one north, one south and one central with the moderate sites being referred back to staff. Continuing to speak in opposition: Joe Murdock, 12724 Roca Grande Drive Don McKelvey, 13857 York Avenue Helene Hannum, 13341Diversey Drive Patricia LaPlante, 12930 Morene Street Ginny Herrmann, 12545 Mustang Drive Gabriel Sanchez, 12636 Metate Lane Jim Shea, 12423 Paseo Colina, Southwest Poway Homeowners Association Dave Pereyra, 12062 Pomerado Road Jean Francis, 12861 Carriage Road Joe Diaz, 12820 Montauk Charles MacLauchlan, P.O. Box 12 Stephanie Follas, 13642 Midland Road 4646 Page 5 - CITY OF POWAY - August 4, ]992 Speaking in opposition (continued): Bill Naucke, 14160 Peachtree Lane Frank Ledesma, 12622 Pedriza Road Earl Clampett, 12623 Pedriza Drive Michael Crisp, 12646 Pedriza Speakers objected to the number of sites in the southern portion of the city, particularly in the southwest portion, including what the impacts on the schools would be, and requested the Council "spread the wealth" with all areas of the city; suggested the city not comply with the state mandate; questioned the validity of the criteria and process used; requested the citizens be allowed to vote on density for various sites. City Attorney Eckis stated that the City cannot zone specific sites by ballot measure. Speaking in favor: William Recht, 6570 Hillgrove Dr., San Diego, owner of site 14 Elaine Jeter, 17459 Tam O'Shanter Philip Butzen, 12630 Monte Vista Road, stated he wants to form a non- profit corporation to buy single family homes in North Poway for the frail elderly and will need government assistance. Michaeline Davidson, 14256 High Valley Road, supported Mr. Butzen's statements Doug Keyes, 6910-A Miramar Road, San Diego, owner of site 4 Gordon Meyer, 14302 Sandhill Road, member of the Committee Neville Bothwell, 12729 Stone Canyon Road, part owner of site 1 Ralph Powers, 12916 Community Road, owner of site 7 Allen Feldstein, 14682 Twin Peaks Place, Director of the Poway Valley Senior Citizens Center RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 11:15 p.m. and called it back to order at 11:30 p.m. with all Councilmembers present. During Council discussion, all Councilmembers expressed support for Mayor Goldsmith's proposal and agreed that the 13 recommended sites are not distributed throughout all areas of the city as the criteria required. Councilmember McIntyre pointed out that all the sites being proposed are currently zoned commercial. Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to adopt Resolution No. 92-159, entitled, "A Resolution of the City Council of the City of Poway, California, Attaching an Affordable Housing Overlay to Site 28, Located on the North side of Gateway Park Road"; and Resolution No. 92-160, entitled, "A Resolution of the City Council of the City of Poway, California, Attaching an Affordable Housing Overlay to Site 29, Located at the Northeast Corner of Bowron Road and Civic Center Drive." Motion carried unanimously. 4647 Page 6 - CITY OF POWAY - August 4, 1992 Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to adopt Resolution No. 92-161, entitled, "A Resolution of the City Council of the City of Poway, California, Attaching an Affordable Housing Overlay to Site 2, Located on Brighton Lane." Motion carried 4-0 with Councilmember Emery disqualified because of a potential conflict of interest. Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to close the public hearing and continue consideration of site 15 as an alternate to Site 29 and advertise site 27, which was on the Committee's "B" list, as an alternative to Site 28, for a public hearing on September 1, 1992. Motion carried unanimously. Susan Callery, 13065 Edina Way, member of the Redevelopment & Housing Advisory Committee, stated that if the moderate sites were to be referred back to the Committee, they needed more potential sites in North Poway to consider. Council reiterated that this matter was being referred back to staff, however, citizens or Councilmembers can suggest sites. City Attorney Eckis suggested that the moderate sites come back to Council not later than the end of January since a date certain is needed for HCD's timeline. ITEM 6 (203-08) CONDITIONAL USE PERMIT 85-03M(2) DEVELOPMENT REVIEW 92-07 APPLICANT: JAMES HARRIS, TOWNSEND DODGE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. On June 25, 1985 the City Council approved Conditional Use Permit 85- 03 for an expansion of the Poway Honda dealership. Construction was never begun and the new owner is proposing to build a similar facility to be occupied by Townsend Dodge. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to close the public hearing, issue a Negative Declaration, and adopt Resolution No. P-g2-37, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Modification to Conditional Use Permit 85-03M(2) and Development Review 92-07, Assessor's Parcel Number 323-190-68, 69." Motion carried unanimously. ITEM 7 (203-04) VARIANCE g2-O7/DEVELOPMENT REVIEW 92-01 APPLICANT; PARKWAY BUSINESS CENTRE PARTNERS. LTD. Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 59,078 square foot warehouse on Lot 14 and a portion of Lot 15 in Parkway Business Center between South Poway Expressway and Danielson Street. Variances are requested to allow the building to observe a 35 foot setback on South Poway Parkway, where a 50 foot setback is required and to permit a 15 foot high crib wall where a 12 foot high wall is the maximum permitted by the development standards. Staff recommends approval. 4648 Page 7 - CITY OF POWAY - August 4, 1992 There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Higginson to close the public hearing and adopt Resolution No. P-92-38, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 92-07 and Development Review 92-01, Assessor's Parcel Number 317-280-26 and 27." Motion carried unanimously. ITEM 8 (401-07) AMBULANCE SERVICE FEES Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The current fee for ambulance service was set in 1989 and is the lowest in the County. The Budget Review Committee is recommending a change in the structure to differentiate between resident and non-resident fees, with an increase in both. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 92-162, entitled, "A Resolution of the City Council of the City of Poway, California, Revising the Schedule of Ambulance Service Fees and Rescinding Resolution No. 89-058." Motion carried unanimously. ITEM 9 (402-05) LANDSCAPE PLAN REVIEW & INSPECTION FEE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Staff has received a request from the Construction Industry Federation to continue this item and staff recommends a continuance to August 25, 1992. Motion byCouncilmember McIntyre, seconded byCouncilmember Higginson to continue the public hearing regarding landscape plan review and inspection fees to August 25, 1992. Motion carried unanimously. ITEM 10 (401-27) TAX RATE FOR COMMUNITY FACILITIES DISTRICT 1 ITEM 11 (401-27) TAX I~ATE FOR COMMUNITY FACILITIES DISTRICT 88-1 ITEM 12 (402-17) FLAT RATE CHARGES FOR PROPERTY TAX ROLL Mayor Goldsmith opened the public hearings. Staff report by City Manager Bowersox. The tax roll contains certain items including community facilities districts, sewer and water improvement districts, fire protection fees and neighborhood loan programs. Staff proposes resolutions setting the tax rates for these items. 4649 Page 8 - CITY OF POWAY - August 4, 1992 There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Higginson to close the public hearing and adopt Resolution No. 92-163, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. i for Fiscal Year 1992-93," and Resolution No. 92-164, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year 1992-93," and Resolution No. 92-165, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Fees, Water District Assessments and Street Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1992-93." Motion carried unanimously. ITEM 13 (203-24) MINOR CONDITIONAL USE PERMIT 89-13 COMPLAINT RE USE OF GUEST HOUSE Mayor Goldsmith stated the two parties in this dispute, Mr. Baldwin and Mr. Pappas, have reached agreement in this matter and request a continuance to August 25, 1992 to present it to the City Council. Motion byCouncilmember Higginson, seconded by Councilmember McIntyre to continue this item to August 25, 1992. Motion carried unanimously. ITEM 14 (702-12) GENERAL MUNICIPAL ELECTION MEASURE REGARDING ASPHALT PLANTS Staff report by City Attorney Eckis. In accordance with Council direction at the June 9, 1992 meeting, he has met with the Council subcommittee of Councilmembers Emery and Higginson, and drafted an ordinance to be placed on the November 3, 1992 ballot which would require voter approval of any land use changes permitting an asphalt plant in the South Poway Planned Community. Speaking in opposition: Larry Valente, 15925 Cumberland Drive Speaking in favor: Bruce Tarzy, 15912 Ranch Hollow Road Councilmember McIntyre pointed out that there were citizens ready to circulate an initiative petition to put this measure on the ballot and it was preferable for the Council to draft it and place it on the ballot. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 92-166, entitled, "A Resolution of the City Council of the City of Poway, California, Submitting to the Qualified Electors of the City an Ordinance Requiring Voter Approval of Land Use Changes which would Permit an 4650 Page 9 - CITY OF POWAY - August 4, 1992 Asphalt Plant in the South Poway Planned Community," and Resolution No. 92-167, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing its Members to File a Written Argument or Arguments Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis." Motion carried unanimously. ITEM 15 (203-22R) PROJECT AREA COMMITTEE PAGUAY REDEVELOPMENT PLAN AMENDMENT Staff report by City Manager Bowersox. The amendment to the Redevelopment Plan is being prepared by staff. California Health and Safety Code Section 33385(a) requires that the City Council form a Project Area Committee if a substantial number of low and moderate income families are expected to be displaced. If not, the City Council may determine that a PAC is not necessary and direct that an alternative method be employed be inform and gain citizen input. Staff recommends that the existing Redevelopment & Housing Advisory Committee fulfill that function. Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt Resolution No. 92-92-168, entitled, "A Resolution of the City Council of the City of Poway, Finding that the Proposed Amendment to the Paguay Redevelopment Plan will not Displace a Substantial Number of Low and Moderate Income Families and Declaring there is no need to Form a Project Area Committee." ITEM 16 (602-01, #145R) POWAY SHARED HOUSING PROGRAM Staff report by City Manager Bowersox. At the July 21, 1992 meeting, the City Council continued this item to get additional information for the Council and to allow the Redevelopment Agency's Special Counsel to respond to a letter from the Legal Aid Society. Special Counsel has issued an opinion that the program is being administered in conformance with California Community Redevelopment Law. Staff recommends extension of the Shared Housing Program for another twelve months. Council expressed concern regarding the cost of the program in relationship with the results, however, they agreed to give it another year to prove itself. Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt Resolution No. 92-169, entitled, "A Resolution of the City Council of the City of Poway approving the Execution of an Agreement with Lifeline Community Services for the Poway Shared Housing Program." Motion carried unanimously. 4651 Page 10 - CITY OF POWAY - August 4, 1992 ITEM 17 (1180-03) LANDSCAPING AT METATE AND COMMUNITY Staff report by City Manager Bowersox. At the July 21, 1992, meeting Bill Cross requested the City provide landscaping along the slope at the northwest corner of the intersection of Metate Lane and Community Road. It is anticipated this will be completed ~hrough the Redevelopment Agency at a later date, possibly in 1993-94. The cost is estimated to be $50,000, including an irrigation system. Willard Cross, 13105 Corona Way, requested a more prompt resolution to this issue, citing the unsightliness of the area and the erosion problem. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue this item to September 1, 1992 and requested staff look at something that could be done sooner at lesser cost. Motion carried unanimously. ITEM 18 (1180-03) GRAFFITI'REMOVAL Staff report by City Manager Bowersox. At the July 21 1992, meeting Susan Callery raised questions regarding the City's graffiti removal process and about the time required for removal of graffiti reported on Stone Canyon Road. Staff recommends the City Council receive and file the report. Council concurred to receive and file. ITEM 26 CITY ATTORNEY ITEMS City Attorney Eckis stated he did not need to hold either of the closed sessions listed on the agenda. ADJOURNMENT Council concurred to reschedule the workshop scheduled for August 6, lg92. Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 1:15 a.m. Marjori~e K. Wahlsten, City ClerK City 4652