CC 1993 01-19 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
JANUARY 19, 1993
The January 19, lgg3, 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.
COUNCILgEHBERS PRESENT AT ROLL CALl
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF NEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Steve Streeter
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Assistant Director of Planning Services
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL CONNUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
31.
Approval of Minutes - City Council
December 15, 1992 Regular Meeting
33. Ratification of Warrant Register - December 30, 1992.
(401-10)
34.
Adoption of Resolution No. 93-006, entitled, "A Resolution of the City
Council of the City of Poway, California, Designating Voting Delegate and
Alternates to the Southern California Joint Powers Insurance Authority
(SCJPIA) and Rescinding Resolution 91-070." {1503-21)
Motion carried unanimously.
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ITEM 4 (701-04)
ORDINANCE NO. 372 - SECOND READING
ZONING ORDINANCE AMENDMENT 93-01
Mayor Higginson read the title of Ordinance No. 372, "An Ordinance of the City
of Poway, California Approving Zoning Ordinance Amendment 93-01, Deleting Chapter
17.22 {Open Space) of the Poway Municipal Code, Renumbering and Amending Chapter
17.23 (Open Space Recreation), and adding Chapter 17.21 (Hospital Campus) and
17.22 (Public Facilities) and Chapter 17.24 (Open Space-Resource Management)."
Staff report by City Manager Bowersox. This was amended by the City Council on
January 5 and January 12 as noted in the staff report. Staff recommends
approval.
Speaking in opposition to staff recommendation:
Debra LaBerge, 13003 Pomard Way, representing the Vineland Hills
Homeowners Association
Mark Gordon, 17206 Pinot Place, representing the Green Valley Civic
Association
The speakers were opposed to a restaurant being allowed in the OS-R zone and
suggested the wording in the current OS zone "Restaurant in conjunction with a
recreation use" be used. The Council concurred that this had been their
understanding all along.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing, waive further reading, and adopt Ordinance No. 372 as amended in
the OS-R zone to allow restaurants in conjunction with an existing or
contemplated recreational use as a conditional use. Motion carried unanimously
on a roll call vote.
City Attorney Eckis noted that GPA g3-01A which creates the Hospital Campus land
use designation is scheduled for the February 2, 1993 meeting and must be adopted
prior to the effective date of this Ordinance or this Ordinance must be
suspended. Staff will monitor and advise Council if further action is necessary.
ITEM 26 (701-12)
AMERICANS WITH DISABILITIES ACT
TRANSITION PLAN AND SELF-EVALUATION
Mayor Higginson opened the public hearing and stated he would take this item out
of order. Staff report by City Manager Bowersox. He commended Janis Acosta,
Management Analyst, for her work on this item. On July 26, lggo, the Americans
with Disabilities Act {ADA) was passed and takes effect January 26, 1992. It
provides comprehensive civil rights in the areas of employment, private entity
public accommodations, state and local government services, and
telecommunications. Public agencies are required to conduct a self-evaluation
of services, policies and practices in order to determine efforts necessary to
comply with ADA requirements. Our transition plan identifies 178 projects with
an estimated cost of $268,436. It has been divided into 3 separate phases. Phase
I would occur during this calendar year and is 94 of the projects. Staff
recommends approval of the plan.
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Page 3 - CITY OF POWAY - January 19, 1993
Speaking in favor of staff recommendation:
David May, 13209 Wanesta Drive, stated he had received the report from
Deaf Community Services and commended the City for their efforts. He also
suggested a TDD machine at the Sheriff's station. He also stated that
construction projects sometimes close sidewalks for an extended period of
time which causes problems for persons in wheelchairs.
Motion by Councilmember Snesko, seconded by Councilmember Emery to close the
public hearing, approve the Transition Plan and Self-Evaluation, appropriate
$30,067 from 1993 Community Development Block Grant Funds for accessibility
renovations specified in the plan, and consider funding the remaining projects
with 1994 and 1995 funding. Motion carried unanimously.
ITEMS 5-15 (701-04)
ORDINANCE NOS. 373 - 383
ZONE CHANGES 93-01I - 93-01S
Mayor Higginson opened the public hearings on Items 5 through 15 which are the
second reading of Ordinances approving Zone changes 93-01I through 93-01S. City
Clerk Wahlsten read the titles, as follows!
Ordinance No. 373 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Painted Rock Elementary School)
California,
(ZC 93-01I)"
Ordinance No. 374 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Catholic Church property at Tannin and Solera)
California,
(ZC 93-01J)"
Ordinance No. 375 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Bernardo Winery)
California,
(ZC 93-01K)"
Be
Ordinance No. 376 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Chaparral Elementary School}
California,
(ZC 93-01L)"
Ordinance No. 377 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(The Rock Pile, south end of Silverlake Drive)
California,
(ZC 93-01M)"
10.
Ordinance No. 378 - "An Ordinance of the City of Poway,
Changing the Zoning Classification of Certain Property
(Carriage Road Townhome open space)
California,
(ZC 93-01N)"
11. Ordinance No. 379 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-010)"
{Valley Elementary School)
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12.
Ordinance No. 380 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01P)"
{City Hall/Fire Station)
13.
Ordinance No. 381 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC 93-01Q)"
{Garden Road Elementary School}
14.
Ordinance No. 382 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01R)"
{Northeast corner of Stowe Drive and Pomerado Road)
15.
Ordinance No. 383 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01S}"
{Nature Conservancy)
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, waive further reading and adopt Ordinances No. 373 through 383.
Motion carried unanimously.
ITEM 16-25 (701-04)
ORDINANCE NOS. 384 - 393
ZONE CHANGES 93-01T - 93-01CC
Mayor Higginson opened the public hearings on Items 16 through 25. City Manager
Bowersox gave a staff report on Items 17 and 18 since they were the only ones
that had persons present wishing to speak. Item 17 is a zone change for
Arbolitos Park from Open Space to Open Space-Resource Management. This property
is not suitable for development because of the landslide potential and a portion
is in the floodplain. Item 18 is a zone change for Silverset Park from OS to
Public Facilities. PF is being proposed because the school district still has
8 years to take this property back and use it for a school site.
Speaking in favor of staff recommendation on Item 17:
Sal Cafiero, 14434 Crestwood Avenue
Speaking in opposition to staff recommendation on Item 18:
Harry Sharp, 13140 Poway Hills Drive
Jeff Strohminger, 12750 Triumph Drive
Tom Elder, 14749 Fieldview Way
Speakers requested that Silverset Park be rezoned to OS-R which is the
designation being given to the other City Parks. Staff pointed out that this
will require a General Plan Amendment since the land use is PF.
Councilmember Emery pointed out that if we stick to the General Plan it won't be
necessary to add a school in this area since we are almost at build-out. Council
concurred to rezone OS-R and schedule a GPA on this site in June.
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Page 5 - CITY OF POWAY - January 19, 1993
City Clerk Wahlsten read the titles of Ordinances for Items 16 through 25 as
follows:
16.
Ordinance No. 384 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Abraxas High School}
of Poway, California,
Property (ZC 93-01T)"
17.
Ordinance No. 385 - "An Ordinance of the City
Changing the Zoning Classification of Certain
(Arbolitos Park)
of Poway, California,
Property (ZC g3-01U)"
18.
Ordinance No. 386 - "An Ordinance of the City
Changing the Zoning Classification of Certain
(Silverset Park)
of Poway, California,
Property (ZC g3-01V)"
19.
Ordinance No. 387 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01W)"
{Poway Unified School District Administrative Center}
20.
Ordinance No. 388 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 93-01X)"
(Twin Peaks Middle School/Tierra Bonita Elementary School)
21.
Ordinance No. 389 -
Changing the Zoning
(Dearborn Cemetery)
"An Ordinance of the City
Classification of Certain
of Poway, California,
Property {ZC 93-01Y)"
22.
Ordinance No. 390 -
Changing the Zoning
(Old Poway Park)
"An Ordinance of the City
Classification of Certain
of Poway, California,
Property (ZC 93-01Z)"
23.
Ordinance No. 391 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC g3-01AA)"
{Meadowbrook Middle School)
24.
Ordinance No. 392 - "An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property {ZC g3-01BB)"
(Pomerado Elementary School)
25.
Ordinance No. 393 - "An Ordinance of the City
Changing the Zoning Classification of Certain
{Midland Elementary School)
of Poway, California,
Property (ZC 93-01CC)"
Motion byCouncilmember Emery, seconded byCouncilmember Callery to waive further
reading, and continue Ordinances No. 384 through 393 to January 26, 1993 for
second reading, with a change in Ordinance 386 to OS-R. Motion carried
unanimously.
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Page 6 - CITY OF POWAY - January 19, 1993
ITEM 27 (1163-01)
PARKING RESTRICTIONS ON MIDLAND ROAD
Staff report by City Manager Bowersox. This item originally came to the City
Council on November 17, 1992 and was referred back to staff after public
testimony protesting the proposed parking restrictions on Midland Road across
from Midland School. Staff has met with the concerned residents, the Midland
Elementary School principal, and members of the PUSD Transportation Department.
The restrictions were proposed to assist the school buses make turning movements
from Midland School. It was agreed that time limited parking restrictions would
give the buses space for turning during the day and allow the residents to park
on the street at night and on weekends. Staff recommends approval of a no
parking zone for 97 feet southerly of the mobile home park's driveway and 60 feet
of time limited parking restrictions from 160 feet northerly of the driveway to
220 feet northerly of the driveway.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 93-007, entitled, "A Resolution of the City Council of the City
of Poway, California Establishing 'No Parking' Zones on Midland Road." Motion
carried unanimously.
ITEM 28 (1180-03)
RESPONSE TO CRESTWOOD DRIVE RESIDENTS
Staff report by City Manager Bowersox. At the December 15, 1992 City Council
meeting, the Council requested that staff prepare a response to the residents on
Crestwood Drive who had met with Councilmember Callery regarding several issues.
The residents want Arbolitos Park zoned OS-RM to prevent development with the
ability to install atot lot and aparkinglot; the Glen Oak Road medians either
removed or planted; increased enforcement of speed limits or speed bumps
installed on their street; and the Sheriff to be a visible presence when Abraxas
School lets out to prevent the students from harassing motorists.
Staff is recommending the requested zoning with a referral to the Parks &
Recreation Committee regarding any development in the park; removal of the
medians when funding is available; posting of speed limit signs with review in
6 months; and direction to the Sheriff to continue monitoring the area.
Speaking in opposition to staff recommendation:
Merrilee Boyack, 14418 Crestwood Avenue, presented petitions regarding
Arbolitos Park, requesting the City replant lost vegetation and to stop
using this area as training practice for large equipment operators and
dumping ground for excess soil, etc. They want a tot lot, picnic area and
small parking lot. She also requested the medians be landscaped rather
than removed and suggested the use of Redevelopment funds. She also asked
whether the sewer manholes on this property could be lowered as they are
approximately five feet above ground.
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City Manager Bowersox stated that the medians are not in the Redevelopment Plan
area and funds cannot be used outside the area. He stated that, except for
emergencies, Arbolitos Park area will not be used bythe city for dumping nor for
training of equipment operators.
Following discussion,motion by Councilmember Emery, seconded by Councilmember
Callery to approve staff recommendation and suggested the residents contact the
PUSD Board regarding the conduct of the Abraxas School students. Motion carried
unanimously.
ITEM 29 (1170-04)
PARTICIPATION AGREEMENT
INTEGRATED WASTE MANAGEMENT PLAN
Staff report by City Manager Bowersox. The subject agreement was scheduled for
the Board of Supervisors approval at their January 12, 1993 meeting. The
agreement was to be forward to SANDAG for their Board's consideration on January
22, 1993. However, the adoption date by the Council was delayed one month for
County Counsel to prepare an opinion regarding the ability of requiring all solid
waste generators to mandatorily use a provided trash service. There are several
issues which staff will discuss with the Council before they make a decision
whether to approve the Participation Agreement. There are long lasting
consequences whether you are "in" or "out" of this Agreement. Council concurred
with staff's recommendation to receive and file this report.
ITEM 30 (1503-00)
REVISED DRAFT REGIONAL GROWTH MANAGEMENT STRATEGY
Staff report by City Manager Bowersox. On April 28, 1992 the City Council voted
to reject the Draft Regional Growth Management Strategy. Since that time several
changes have been made to the draft and the City Attorney has worked with SANDAG
counsel and staff to draft modifications to the language of the housing section.
Council adopted that wording on January 12, 1993 and it was adopted by the SANDAG
Regional Growth Management Technical Committee on January 14, 1993. The full
text of the Draft RGMS is scheduled for the SANDAG Board on January 22, 1993.
Staff recommends approval.
Councilmember Callery stated she could not support the RGMS since there are
impacts related to growth that must be taken care of before we allow another one
million people in the County.
Mayor Higginson stated he thought it was important to support this since it has
our added language, with the acknowledgment that its adoption does not impose any
housing obligations in addition to those mandated by state law.
Following discussion, motion by Councilmember Cafagna, seconded by Mayor
Higginson to approve the Regional Growth Management Strategy. Motion failed 2-3
with Councilmembers Callery, Emery and Snesko voting "no." (NOTE: See action
taken following Closed Session and prior to adjournment for reversal of this
action.)
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Page 8 - CITY OF POWAY - January 19, 1993
CITY MANAGER ITEMS
City Manager Bowersox stated the State had given $85,000 toward the clean-up of
the Quik Check gas station site. Staff is preparing a status report for the
January 26 meeting.
CITY ATTORNEY ITEHS
City Attorney Eckis requested a closed session to discuss pending litigation for
Poway Town & Country Shopping Center vs the City of Poway and the Poway
Redevelopment Agency pursuant to Government Code Section 54956.g(a). He stated
this is his first opportunity to discuss this case with the new Council and wants
to spend at least twenty minutes with the Council.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
39.
Councilmember Emery stated that Mayor Shoemaker from E1Cajon will be the
alternate to MTDB's Executive Committee or vice versa, he will be
alternate to her. Council concurred.
40A. Mayor Higginson did not present any SANDAG agenda items for discussion.
4OB. Mayor Higginson appointed Councilmember Callery to serve on the Senior
Issues Committee.
40C. Mayor Higginson stated he had no additional Committee appointments and
requested the City Clerk carry this item over to the next meeting.
4OD.
Mayor Higginson stated he had a request from San Diego Gas & Electric to
make a presentation regarding their bid to build a gas transmission main
to Mexico. If they receive the bid it will go through Poway. He will
have this under his items next week and they will make their presentation
at the end of the meeting.
40E.
Mayor Higginson commended Management Analyst Acosta for her organization
of the recent meeting with community organizations to propose a lobbying
coalition for legislation that would affect Poway. Representatives from
fifteen organizations were present.
41A.
Councilmember Snesko asked Vic Hengeveld, President of the Poway-Midland
Railroad Volunteers, to describe the proposed blacksmith shop for Old
Poway Park to the Council. Mr. Hengeveld stated that they have been
offered a complete set of blacksmith equipment and, since there was a
blacksmith shop in the northwest corner of this property in the 1800s,
they felt this would be a good addition to the Park. There is a
blacksmith organization in San Diego County that would be willing to
operate a forge on the week-end as a tourist attraction. Council
concurred to have staff investigate this further.
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Page 9 - CITY OF POWAY - January 19, 1993
41B.
Councilmember Snesko suggested the Porter House in Old Poway Park be used
for a model train layout and requested concurrence for him to contact
"train men" in Poway to determine if there is any interest in setting one
up and operating it. City Manager Bowersox suggested this might be more
appropriate in the railroad depot that will be built at Midland and Temple
Street. Council concurred for Councilmember Snesko to determine if there
is any interest in the community in a model train layout in the park.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at
8:40 p.m.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 9:45 p.m.
ITEM 30 (1503-00)
REVISED REGIONAL GROWTH MANAGEMENT ST~TEGY
Mayor Higginson requested that the City Council reconsider their action on Item
30 to not adopt the Draft Revised Regional Growth Management Strategy.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to restore Item
30 to the agenda and find that the need to do so arose in the last 72 hours since
a decision is necessary prior to the January 22, 1993 SANDAG meeting. Motion
carried unanimously.
Mayor Higginson stated that we have several issues in the future where we will
have to work with SANDAG and feels that in the long run it will be to our benefit
to approve this strategy since it has been amended in part because of our
concerns. Councilmember Cafagna pointed out that our objections are well stated
in the Resolution and by remaining in the process we can continue to give our
input.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to adopt
Resolution No. 93-008, entitled, "A Resolution of the City Council of the City
of Poway Approving the Regional Growth Management Strategy." Motion carried 3-2
with Councilmembers Emery and Callery voting "no."
ADJOURNMENT
Mayor Higginson adjourned the meeting at 9:50 p.m. on motion by Councilmember
Callery, seconded by Councilmember Cafagna.
Marjor~e K~ Wahlsten, City Clerk
City o~ay
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