Loading...
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) 4751 Page 2 - CITY OF POWAY - January 12, 1993 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. 4752 Page 3 - CITY OF POWAY - January 12, 1993 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 4753 Page 4 - CITY OF POWAY - January 12, 1993 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) 4754 Page 5 - CITY OF POWAY - January 12, 1993 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. 4755 Page 6 - CITY OF POWAY - January 12, 1993 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 4756 Page 7 - CITY OF POWAY - January 12, 1993 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. 4757 Page 8 - CITY OF POWAY - January 12, 1993 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. 4758 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 4759