CC 1993 01-12 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CXTY COUNCIL REGULAR HEETING
JANUARY 12, 1993
The January 12, 1993, 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.
COUNCILMENBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Yolanda Collins
David Narevsky
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Redevelopment Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Councilmember Callery pulled Item 27 from the Consent Calendar.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
22.
Approval of Minutes - City Council:
December 1, 1992 Regular Meeting
December 7, 1992 Adjourned Regular Meeting
December 8, 1992 Regular Meeting
24. Ratification of Warrant Registers - December 17 and 22, 1992.
(401-10)
25. Denial of claims for damages: A) Adnan Barwari & Joe Vallaescusa; B)
Stanley Levenson; C) Transamerica Insurance Group. {704-13)
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26.
Approval of reimbursement from the drainage fund for offsite public
improvements to Poway Motors, Inc. (Richardson Pontiac-Buick-Oldsmobile
and GMC Truck, Inc.); and adoption of Resolution No. 93-003 entitled, "A
Resolution of the City Council of the City of Poway, California That the
Offsite Project Cost Reimbursements Under the Disposition and Development
agreement with Richard Pontiac-Buick-Oldsmobile-and GMC Truck, Inc. is of
Benefit to the Paguay Redevelopment Project Area." (602-01 #137R)
28.
Adoption of Planning Resolution No. P-93-02 entitled, "A Resolution of the
City Council of the City of Poway, California Approving Minor Development
Review 92-60, Assessor's Parcel Number 317-540-61," for construction of a
children's play yard at the existing Burger King, 12427 Poway Road.
(203-10)
29.
Rescinding condition of Development Review 91-30, Penasquitos
Congregation of Jehovah's Witnesses, requiring annexation into Landscape
Maintenance District 83-1. (203-14)
30.
Adoption of Resolution No. 93-004, entitled, "A Resolution of the City
Council of the City of Poway California Ordering the Expansion of Poway
Landscape Maintenance District 86-3 (subzone B) with the Annexation of MDR
92-27 with Written Consent of Property Owner, APN 317-473-07 and 08,"
Powa.y News Chieftain. (705-12}
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 372
ZONING ORDINANCE AMENDMENT 93-01
Mayor Higginson read the title of Ordinance No. 372, "An Ordinance of the City
of Poway, California, Deleting Chapter 17.22 (Open Space) of the Poway Municipal
Code, Renumbering and Amending Chapter 17.24 (Open Space-Recreation), and Adding
Chapter 17.21 (Hospital Campus), Chapter 17.24 (Open Space-Resource Management},
and Chapter 17.25 (Public Facilities)(ZOA 93-01}." Staff report by City Manager
Bowersox. On January 5, 1992, Council took tentative action on this Ordinance,
including wording proposed by the City Attorney which prohibits any uses in
violation of Ordinance No. 283 (Proposition FF}.
Speaking in opposition:
Jack Mitchell, 13894 Putney Road, representing the hospital district. He
stated their position is that the redesignation would not lose them any
rights over what they had under the previous zoning. He requested that
the uses listed in the HC zone not require a Conditional Use Permit but be
allowed by right. He also questioned the limitation of 30% lot coverage.
Councilmember Emery pointed out that only that portion of the hospital property
zoned CO was not subject to the provisions of Proposition FF. Although a
hospital was allowed in the OS zone, the other uses such as a pharmacy, doctor's
office, etc. are subject to interpretation as to whether they are an
intensification of use and that decision will have to be made by the City Council
when a project comes forward on this property.
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City Manager Bowersox stated that 30% coverage is typical for commercial zones
and was the limitation under the OS zone.
Following discussion, motion by Councilmember Snesko, seconded by Councilmember
Cafagna to remove word "relatively" from Section 1.23.010{A). Motion carried
unanimously. Motion by Councilmember Callery, seconded by Councilmember Cafagna
to change "opportunities" to "needs" in the same section. Motion carried
unanimously.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to waive
further reading, find that the changes made were clerical in nature, and set
second reading for January 19, 1993. Motion carried unanimously.
ITEM 5 (203-11)
GENERAL PLAN AMENDMENT 93-01
ZONE CHANGE 93-01B THROUGH H
City Manager Bowersox stated that no action is necessary on this item since it
was continued to February 2, 1993 at the January 5th meeting.
ITEM 6 (701-04)
ZONE CHANGE 93-01I
PAINTED ROCK ELEMENTARY SCHOOL
ITEM 7
ZONE CHANGE 93-01J
TANNIN DRIVE & SOLERA WAY
ITEM 8
ZONE CHANGE 93-01K
BERNARDO WINERY
ITEM 9
ZONE CHANGE 93-01L
CHAPARRAL ELEMENTARY SCHOOL
ITEM 10
ZONE CHANGE 93-01M
"THE ROCK PILE"
ITEM 11
ZONE CHANGE 93-01N
CARRIAGE ROAD TOWNHOME OPEN SPACE
ITEM 12
ZONE CHANGE 93-010
VALLEY ELEMENTARY SCHOOL
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ITEM 13
ZONE CHANGE 93-01P
CITY HALL/FIRE STATION
ITEM 14
ZONE CHANGE 93-01Q
GARDEN ROAD ELEMENTARY SCHOOL
ITEM 15
ZONE CHANGE 93-01R
STOWE DRIVE/POMERADO ROD
ITEM 16
ZONE CHANGE 93-01S
NATURE CONSERVANCY
Mayor Higginson opened the public hearing on Items 10 through 16. Items 6
through 9 were continued from January 5, 1993.
Speaking in opposition to staff recommendation on Item 15:
Tony Aviano, 12729 Stone Canyon Road, stated the change to OS-RM will
leave the property with no value but liability exposure because of the
pedestrian/equestrian trail on the property.
City Manager Bowersox stated that the liability exposure goes with the easement,
also the assessor should adjust the property taxes because of the OS zone. Staff
was instructed to give this information to Mr. Aviano in writing.
City Attorney Eckis suggested that an open space easement could be placed on the
entire property if appropriate.
City Clerk Wahlsten read the titles of the following Ordinances:
Ordinance No. 373 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01I}
Ordinance No. 374 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01J}
Ordinance No. 375 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01K)
Ordinance No. 376 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01L)
Ordinance No. 377 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC g3-O1M)
Ordinance No. 378 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01N)
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Ordinance No. 379 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-010)
Ordinance No. 380 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01P)
Ordinance No. 381 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01Q)
Ordinance No. 382 - An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01R)
Ordinance No. 383 An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01S)
Motion byCouncilmember Emery, seconded byCouncilmember Callery to waive further
reading and continue these items to January 19, 1993 for second reading. Motion
carried unanimously.
ITEM 17 (203-08)
CONDITIONAL USE PERMIT 92-11
APPLICANT: PETER McCONAHAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to operate a pawn shop within an existing commercial
suite located at 13168 Poway Road, the City Center Plaza shopping center behind
the building which houses the City's Community Services department. Zoning
Ordinance Amendment 92-01 allowed pawn shops to locate in the CG zone subject to
a CUP. Staff recommends approval.
Speaking in favor of staff recommendation:
Peter McConahay, 15234 Crestview Court. He requested deletion of
conditions 3 and 5 since these are improvements that should be done by the
property owner, not the tenant.
Following discussion, City Attorney Eckis suggested the conditions be reworded
to state "owner shall."
Motion by Councilmember Emery. seconded by Mayor Higginson to close the public
hearing and adopt Planning Resolution No. P-93-03, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Conditional Use Permit
92-11, Assessor's Parcel Number 317-101-09, 31," as amended in conditions 3 and
5. Motion carried 4-1 with Councilmember Snesko voting "no."
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:15 p.m. and called it back to order at
8:20 p.m. with all Councilmembers present.
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ITEM 18 (602-01 #967/1002-01)
TRANSFER OF OLD POWAY PARK TO CITY
APPROVAL OF LEASES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On December 30, 1986, the Redevelopment Agency purchased 5-1/2 acres
from Mrs. Helen Porter in order to develop Old Poway Park. The property included
the building that presently houses the Hamburger Factory and the Historical
Society. State law precludes the Agency from holding this property and it is
recommended that it be transferred to the City along with leases for the
Hamburger Factory and Historical Society.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-005 entitled, "A Resolution of the
City of Poway approving the Transfer of Real Property from the Poway
Redevelopment Agency to the City of Poway," approve the Purchase and Sale
Agreement, approve the Hamburger Factory lease effective October 1, 1992, and
confirm the Facility Use Agreement with the Poway Historical Society. Motion
carried unanimously.
ITEM 19 (1403-02)
CITRUS GROVES IN LANDSCAPED AREAS
Staff report by City Manager Bowersox. The concept of planting citrus groves in
place of ornamental landscaping in certain areas is being proposed by staff to
reduce water consumption and provide a source of revenue to the City. The first
area proposed is five acres of public right-of-way along Ted Williams Parkway
west of Pomerado Road.
Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the
concept to plant groves in the large open space areas and appropriate $30,000 to
convert five acres of the existing irrigation and landscaping to a grapefruit
rove along the public right-of-way of Ted Williams Parkway west of Pomerado Road.
Motion carried unanimously.
ITEM 20 (1141-09)
ENGINEERING STUDY FOR "TOOTH ROCK"
Staff report by City Manager Bowersox. Councilmember Emery requested a report
regarding the stability of "tooth rock" which is east of the terminus of Twin
Peaks Road on property owned by Ed Schaefer. Group Delta Consultants has
prepared a proposal to do an investigation of its stability and preparation of
a stabilization plan, if necessary, for $950.
Speaking in opposition to staff recommendation:
Ed Schaefer, 15151 Crocker Road
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Speaking in favor of staff recommendation:
John Kane, 14635 Twin Peaks Road
Following discussion, City Attorney Eckis noted that in order to expend public
funds the Council would need to determine that a public nuisance exists. The
property is under private ownership and the rock is in a natural condition.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to receive and
file the report. Motion carried unanimously.
ITEM 21 (1503-00)
HOUSING POLICY STATEMENT
REGIONAL GROWTH MANAGEMENT STRATEGY
Staff report by City Manager Bowersox. Poway is the only City in the County that
has not adopted the Regional Growth Management Strategy, largely because of the
included housing policy. City Attorney Eckis has been working with SANDAG
counsel to modify the wording and has succeeded in resolving the Council's
objections except the one regarding having the housing policy included in the
Growth Management Strategy at all because it was not a component of Proposition
C.
Councilmember Emery stated he was in a quandary because, although he commends
City Attorney Eckis for the revised wording, he is opposed to the whole document.
Mayor Higginson pointed out that we need to be part of the County and if we hold
out we may end up losing all that's been gained.
Following discussion, motion by Councilmember Cafagna, seconded by Councilmember
Emery to approve the language based on final approval of the Strategy which will
come forward at the next meeting. Motion carried unanimously.
ITEM 27 (1130-01)
PARKS VOLUNTEER PROGRAM
Councilmember Callery stated she had pulled this from the Consent Calendar
because she would request staff do some rewording on the handbook to make it
sound more positive. Council concurred that Councilmember Callery should meet
with Dan Cannon, Parks & Landscape Manager, to revise the language before it
comes back to Council.
ITEM 31
CITY MANAGER ITEMS
City Manager Bowersox reported on Governor Wilson's latest budget proposals which
could means more cuts to local governments.
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MAYOR
33.
34A.
34B.
35A.
35B.
36A.
36B.
ANQ CITY COUNCIL-INITIATED ITEMS
Councilmember Cafagna asked if there are any potential tenants for the
vacant Boston Store. Assistant City manager Fitch will talk to the
shopping center owner.
Councilmember Callery stated she would like to establish a Task Force to
develop a mentor program at Abraxas High School. She has talked to
Charlene Zettel of the PUSD Board, Beverly Andreos, former Executive
Director of For Parents' and Kids' Sake and now a teacher at Abraxas, and
Donna Cramer of the Sheriff's Department regarding this project and there
is a lot of interest. Escondido has done a similar program and we have
that model to follow. Councilmember Snesko stated he would like to work
with Councilmember Callery on this project. Council concurred that they
can work with individuals in the community on such a project.
Councilmember Callery stated she had received a call from Mrs. Olhausen
who had a claim that was denied by the Council at the last meeting. She
asked about the procedure a person follows following the denial and
requested staff review our forms and information given to a claimant to be
sure it is clear.
Councilmember Emery asked if we can require homeowners to keep
watercourses clear like we do weed abatement? City Manager Bowersox will
report back to Council.
Councilmember Emery stated it is Poway's turn to be on the Executive Board
for the Metropolitan Transit Development Board, however they meet weekly
and he is not able to attend. He suggested either switching the rotation
to another East County city or replace him as the MTDB representative.
Council concurred to place this on the next meeting agenda to discuss.
Mayor Higginson announced the following Committee appointments: Business
Advisory Committee - Antonette Auburn {Emery}; Howard Maher (Higginson};
Vicki Lazowski, Ann Calvert and Stephanie Starks as the Chamber of
Commerce appointees; Housing Commission - Kay Rickles (Emery}; Parks &
Recreation - Deanne Erickson {Emery); Performing Arts Advisory - Lynette
Perkes (Emery); Redevelopment & Housing Advisory - Jim Crosby (Higginson);
Bob Wolinski (Emery}; Transportation Advisory - Betty Rexford (Emery);
Poway Road Specific Plan - Dwight Ritchey and Don Patch and Chamber of
Commerce appointees.
Mayor Higginson requested Council concurrence to periodically hold City
Council meetings away from City Hall. Following discussion, Council
concurred to hold the March 8, 1992 meeting in southwest Poway as an
experiment but made no commitment to moving the meetings on a regular
basis since citizens expect the City Council to be at City Hall on Tuesday
nights. They also concurred to only hold Saturday morning meetings on an
"as needed" basis to see something in the field and requested once a month
workshops on a regular basis.
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Page 9 - CITY OF POWAY - January 12, 1993
36c. Council concurred to hold a workshop to discuss Wet 'n Wild on February
25, 1993.
37.
Councilmember Snesko cited problems in the bowling alley parking lot which
seem to be caused by gang activity and discussed ways we can send a
message that we won't tolerate gangs. City Attorney Eckis will look at
some type of "zero tolerance" ordinance for gang activity in Poway.
AD~OURNHENT
Upon motion by Councilmember Snesko, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, January 14,
1993. The time of adjournment was 9:55 p.m.
Marjo)~ie\K. Wahlsten, City Clerk
City ~oway
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