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CC 1993 04-13 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR NEETING APRIL 13, 1993 The April 13, 1993, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILHEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Garry MacPherson Yolanda Collins David Narevsky Patrick Foley 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 Director of Safety Services Assistant Director of Planning Services Battalion Chief Sheriff's Captain Redevelopment Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATION Mayor Higginson presented a check for $3,000 to the co-chairs of the underwriting committee for Grad Night at Poway High School. They presented T-shirts to the Council. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person spoke under this item, although it was later in the meeting, following Item 5: 4853 Page 2 - CITY OF POWAY - April 13, 1993 Bill Barnick, 14645 Sunrise Canyon Road, stated that homeowners in the Landscape Maintenance Districts should be able to specify the types of landscaping they want to pay to support. He stated that the owners in Sunrise Ranch want the turf removed from the Espola Road frontage and drip irrigation installed. Council requested that he submit documentation that he represents the homeowners and this is their desire. He also suggested that the current equestrian trails be resurfaced to accommodate bicycles since we have more bicycles than horses in Poway. HAYOR 42B. AND CITY COUNCIL-INITIATED ITEMS Since there were several persons present to speak under this item, Mayor Higginson moved this item forward on the agenda. Councilmember Emery stated he had not been present at last week's meeting and had read several conflicting newspaper accounts regarding the enforcement action against Lea Burrell who needs a minor conditional use permit to keep all her exotic birds on property on Melodie Lane. He requested a status report on this issue. City Manager Bowersox stated that this item will be on the agenda next week with a report from staff. Staff responded to a neighbor's complaint about the noise of Ms. Burrell's birds and cited Ms. Burrell for failure to obtain a minor conditional use permit. She has the option of applying for a permit and enforcement action will be stayed until the Council acts on the permit. Council concurred to take testimony from those present wishing to speak: Rosemary Snyder, 1594 Hilltop Circle, Horizon Hills, stated Ms. Burrell was a former neighbor of hers and very considerate. Deborah Lawrence, 13445 Thunderhead St., San Diego, spoke in favor of the birds. Jack Hodgson, 5533 Baja Drive, San Diego, Ms. Burrell's landlord, stated they were developing a plan to reduce the noise and he would apply for a permit. John Pampy, Ipava Drive, stated the noise is excessive. Laurie Krusinski, 14113 Ipava Drive, stated she had filed the complaint and the noise is excessive. Martin Muschinske, 3210 Skytrail Ranch Road, Jamul, with the American Federation of Aviculture stated birds are stressed by being moved. In response to Council query, Ms. Burrell stated she has 4 macaws which are the noisiest of the birds and she proposes to build an indoor enclosure to keep them in until mid-day. 4854 Page 3 - CITY OF POWAY - April 13, 1993 City Attorney Eckis stated that if no application for a minor conditional use permit has been made by the next meeting, Council has the discretion to determine how much time Ms. Burrell has to abate the use. (Councilmembers Cafagna and Snesko left the room.) CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar, as follows: 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Approval of Minutes - City Council March 23, 1993, Regular Meeting Approval of Minutes - Redevelopment Agency March 23, 1993, Regular Meeting Ratification of Warrant Register - March 25, 1993 (401-10) Denial of claim for damages: USAA Insurance (704-13) Receive and file report concerning results of York Avenue/Edgemoor Street Survey showing majority of the neighborhood wish to have the gate remain and have no improvements done. (1180-03) Disclosure of purchase of residence in the Redevelopment Project Area by the Redevelopment Manager, David Narevsky. (1506-05) Appropriation of $5,000 for improvements to Bette Bendixen Park, including memorial plaque, picnic tables and drinking fountain. (1401-07) Receive and file Transportation Improvement Projects Quarterly Status Report. (1110-01) Release of grading securities and retention for Parkway Business Centre, Units I and II, Community Facilities District 88-1. (602-01 #720) Adopt Resolution No. 93-051 entitled, "A Resolution of the City Council of the City of Poway, California Establishing "No Parking" Zones on Garden Road at Sutter Mill Road." (1163-01) Receive and file report from the Traffic Safety Committee regarding right turn restrictions at the signalized intersection of Twin Peaks Road and Ted Williams Parkway. (1160-01) Adopt Resolution No. 93-052 entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Curtis Annexation," located at 15226 Hilltop Circle. (1170-11) 4855 Page 4 - CITY OF POWAY - April 13~ 1993 31. Adopt Resolution No. 93-053 entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Lawson Annexation," located at 15234 Hilltop Circle. (1170-11) 32. Adopt Resolution No. 93-054 entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Martinez Annexation," located at 15246 Hilltop Circle. (1170-11) 33. Adopt Resolution No. 93-055 entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Nugent Annexation," located at 15266 Hilltop(%lf§~l) 34. Adopt Resolution No. 93-056 entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway, Papier Annexation," located at 15273 Hilltop Circle. (1170-11) 35. Approval of Revised Memorandum of Understanding for Emergency Services with the California Conservation Corps (CCC). (602-01 #880) 36. Approval of one-year contract extensions with Heaviland Enterprises and New Way Landscape Maintenance for landscape maintenance services of various Landscape Maintenance District areas and the Center for the Performing Arts. (602-01 #875, #855, #916, #745) 37. Award of bid for retrofit of irrigation, planting and maintenance of grapefruit groves on Ted Williams Parkway Slopes to Bartlett Grove Management in the amount of $19,722.50 and $5,820 per year for grove maintenance. (602-01 #974) Motion carried 3-0 with Councilmembers Cafagna and Snesko out of the room. (Councilmember Cafagna and Snesko re-entered the meeting.) ITEM 5 (203-21) SPECIFIC PLAN 92-01 OLD POMERADO ROAD AREA Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. On February 11, 1992, the City Council initiated preparation of this specific plan. Meetings have been held with the residents and property owners for the past several months. She cited the history of the area and the current zoning. A specific plan is a tool for development and establishes design standards that are mandatory for commercial and multi-family projects and advisory for single family dwellings. It suggests zoning that would be appropriate but does not effectuate any change. Change must come through a General Plan Amendment or rezone. She also noted that these actions can be taken without a specific plan in place. In response to Council query, she stated that staff is currently doing a city-wide survey on neighborhood park needs. 4856 Page 5 - CITY OF POWAY - April 13, 1993 Speaking in opposition to the specific plan: Jim Shea, 12423 Paseo Colina Fran Davenport, 12256 Old Stone Road Robert Good, 12730 Soule Street Mark Larabee, 12416 Old Pomerado Rod Renee Gandola, 12455 Golden Eagle Lane Chris Holl, 12304 Bluewing Court Nicki McSurdy, 12294 Old Stone Road, read statement on behalf of Sunny Auburn. LaJoyce Robinson, 12076 Old Pomerado Road Kennon Dial, 12311 Boulder View Drive Earl Knox, 12419 Paseo Colina Speakers concerns included the need for more safety improvements in their neighborhood such as a traffic signal at Pomerado Road and Old Pomerado Road and a larger turnaround at the cul-de-sac; using "political extortion" to get the Stowe Drive extension in exchange for increased density on the Aviano/Bothwell property; and why this is being proposed at all since the General Plan is adequate. Speaking in favor of the specific plan: Neville Bothwell, 5302 Alta Bahia Court, San Diego, cited the impact of the Stowe Drive extension on his property and stated it would not cause increased traffic on Old Pomerado Road since the project fronts on Pomerado Road. Bill Hedenkamp, 1331 India Street, San Diego, architect, showed an architectural rendering of the entrance of Stowe Drive extension using the design standards in the specific plan. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:00 p.m. and called it back to order at 9:10 p.m. with all Councilmembers present. Mayor Higginson stated staff had been directed to prepare the Specific Plan following the adoption of the Old Poway Specific Plan and Council had felt it would be a benefit for this area Councilmember Cafagna noted that a specific plan requires a developer to develop to a higher standard and is a positive for an area. Councilmember Emery suggested that since the residents are not in favor of the specific plan that the process be terminated and the General Plan Amendment process can proceed on its own. Motion by Mayor Higginson, seconded by Councilmember Callery to deny the specific plan. Motion carried unanimously. (Councilmember Snesko left the room.) 4857 Page 6 - CITY OF POWAY - April 13, 1993 ITEM 6 (203-22R) AMENDED REDEVELOPMENT PLAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is the date set for the joint public hearing for the amended redevelopment plan, however staff recommends the hearing be continued to May 25, 1993 in order to complete the negotiations with several taxing agencies. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to continue the joint public hearing on the amended redevelopment plan to May 25, 1993. Motion carried 4-0 with Councilmember Snesko out of the room. ITEM 7 (203-08) CONDITIONAL USE PERMIT 92-09 APPLICANT: THOMAS DAVIS/WINSTON TIRE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 516 square foot addition to the existing Winston Tire Store at 12947 Poway Road. It will include upgrades to the building and site, including closure of one driveway cut on Poway Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Planning Resolution No. P-93-13, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 92-09, Assessor's Parcel Number 317-490-68." Motion carried 4-0 with Councilmember Snesko out of the room. (Councilmember Snesko re-entered the meeting.) ITEM 8 (203-04) VARIANCE 93-03 MINOR DEVELOPMENT REVIEW 93-06 APPLICANT: PETER & KAREN MOLNAR Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a 1,243 square foot second story addition at 12852 Reo Real Drive. The garage is set back 21'5" and the proposed second story will observe the same setback which requires a variance. The required front yard setback is 25 feet. Staff recommends approval. Speaking in opposition to staff recommendation: Linda Lyles, 12846 Reo Real Drive, requested the windows on the south side be reduced to preserve her privacy. 4858 Page 7 - CITY OF POWAY - April 13, 1993 Speaking in favor of staff recommendation: Mac Bagby, architect, 4333 Fairmont Ave., San Diego Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-93-14, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-03 and Minor Development Review 93-06, Assessor's Parcel Number 317-750-15." Motion carried unanimously. ITEM 9 (203-04) VARIANCE 93-04 MINOR DEVELOPMENT REVIEW 93-04 APPLICANT: J. INGRAHAM CLARK Mayor Higginson opened the publ Bowersox. This is a request for construction of a single family recommends approval. ic hearing. Staff report by City Manager a five foot front yard setback variance for home at 17324 Tam O'Shanter Drive. Staff There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-93-15, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-04 and Minor Development Review 93-04, Assessor's Parcel Number 273-144-01." Motion carried unanimously. ITEM 10 (203-04) VARIANCE 93-05 MINOR DEVELOPMENT REVIEW 93-02 APPLICANT: EDWARD SCOTT Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request for construction of a single family home at 14637 Twin Peaks Road in the hillside/ridgeline area including a variance for the garage to observe a 25 foot setback from the Twin Peaks Road easement where a 40 foot setback is required. Staff has added a finding regarding the coastal sage scrub preservation based on the recent listing of the California Gnatcatcher as a threatened species by the U.S. Department of the Interior. Staff recommends approval. Speaking in opposition to staff recommendation: John Kane, 14635 Twin Peaks Road, cited drainage problems placement of the retaining wall as concerns to be addressed. and the Speaking in favor of staff recommendation: Dave Putnam, 13045 Carriage Road, partner of Ed Scott, cited a willingness to work with Mr. Kane and staff to resolve the concerns. 4859 Page 8 - CITY OF POWAY - April 13, 1993 Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-93-16, entitled, "A Resolution of the City of Poway, California Approving Variance 93-05 and Minor Development Review 93-02 Hillside/Ridgeline, Assessor's Parcel Number 321-250-08," with staff instructed to work with the owner. Motion carried unanimously. ITEM 11 (202-01) HUGHES, HEISS & ASSOCIATES MANAGEMENT STUDY PRELIMINARY, PHASE II Staff report by City Manager Bowersox. Hughes, Heiss &Associates have prepared preliminary findings and recommendations for Community Services, Sheriff's Contract, Fire Department, Administrative Services and City Clerk as part of Phase II of the management study. The final report for all departments will be presented to the City Council on May 11, 1993. ITEM 12 (602-01, #187R) CONTRACT FOR ECONOMIC DEVELOPMENT DIRECTOR Staff report by City Manager Bowersox. Councilmember Cafagna suggested the City/Redevelopment Agency hire an Economic Development Director and Council concurred that a contract employee would be appropriate. Ross Spalding, who was known to the Council and staff when he worked with San Diego Gas & Electric, is available for this position and staff recommends a two-year contract be approved with him. Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve the contract for Economic Development Services with Ross Spalding and appropriate $65,000 from the Redevelopment Agency's General Fund to provide for the first year's cost of the contract. Motion carried unanimously. ITEM 13 (208-03R) MOBILEHOME RENTAL SUBSIDY PROGRAM Staff report by City Manager Bowersox. The current rental subsidy program provides $75 per month to eligible participants, those whose total household income must be equal to or below 50 percent of the median income for San Diego County. At the March 16, 1993 City Council meeting, Councilmember Callery requested the eligibility requirements be reviewed because there are current residents who need this assistance and do not qualify. Staff recommends increasing the subsidy to $100 per month; revising the eligibility requirements to 55 percent of the median income with personal assets of less than $25,000; authorizing the Housing Commission to review applications on a case by case basis; allowing qualified households to continue to participate even if their qualified status changed as a result of the death of a member of the household; and requiring a two year residency for qualification. 486O Page 9 - CITY OF POWAY - April 13, 1993 Speaking in favor of staff recommendation: Bill Cross, 13105 Corona Way, President of the Poway Royal Estates. Mobilehome Motion by Councilmember Snesko, seconded by Councilmember Callery to approve staff recommendation. Motion carried 4-0 with Councilmember Emery disqualified. ITEM 14 (1403-06} WEED AND RUBBISH ABATEMENT APPEALS Staff report by City Manager Bowersox. Section 8.76.070 of the Municipal Code gives any property owner the right to appeal the "Notice to Clean Premises" within ten days. Notices were given on March 26, 1993 and, as of the start of this meeting, no appeals had been received. There was no one present wishing to submit an oral appeal. ITEM 15 (705-07) ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 83-1 Staff report by City Manager Bowersox. The Engineer's Report for 1993-94 shows proposed assessments of $136.40 per unit for Zone A (residential) which is the same as last year, and $255.34 per unit for Zone B {commercial}, an increase from $211.02. Staff recommends adoption of the Resolution of Intention setting public hearings for May 11 and June 15, 1993. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 93-057, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 83-1 for Fiscal Year 1993-94." Motion carried unanimously. ITEM 16 (705-09) ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-1 Staff report by City Manager Bowersox. The Engineer's Report for 1993-94 shows proposed assessments of $261.02 per unit for Zone A (residential) which is the same as last year, and no assessments for Zone B (Poway Chapel) since they do their own maintenance. Staff recommends adoption of the Resolution of Intention setting public hearings for May 11 and June 15, 1993. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 93-058, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-1 for Fiscal Year 1993-94." Motion carried unanimously. 4861 Page 10 - CITY OF POWAY - April 13, 1993 ITEM 17 (705-11) ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-2 Staff report by City Manager Bowersox. The Engineer's Report for 1993-94 shows proposed assessments of $186.16 per unit for Zone A (residential) and $217.48 per unit for Zone B (commercial), which are the same as last year. Staff recommends adoption of the Resolution of Intention setting public hearings for May 11 and June 15, 1993. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 93-059, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 83-2 for Fiscal Year 1993-94." Motion carried unanimously. ITEM 18 (705-12) ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-3 Staff report by City Manager Bowersox. The Engineer's Report for 1993-94 shows proposed assessments of $163.00 per unit for Zone A (residential) which is the same as last year, and $139.00 per unit for Zone B (commercial), an increase from $33.66. Staff recommends adoption of the Resolution of Intention setting public hearings for May 11 and June 15, 1993. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 93-060, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-3 for Fiscal Year 1993-94." Motion carried unanimously. CITY ATTORNEY ITEMS Ao City Attorney Eckis stated a closed session is not necessary at this meeting but suggested one be added to the agenda for April 20, 1993. Bo City Attorney Eckis stated that the Board of Supervisors met today regarding the remedial work to stop the gasoline leakage into the creek from the Quik Chek station but they have not agreed to accept the liability because of court rulings making agencies undertaking remedial work liable if the remediation does not work. This is supposed to be back before the Board next Tuesday. Lee Rottler, 13049 Seiler Street, stated his house fell out of escrow because of this problem and is having an economic impact on him and his family. 4862 Page 11 - CITY OF POWAY - April 13, 1993 Council concurred to discuss this next and City Attorney Eckis stated he will be ready to make a recommendation on whether or not we should take the responsibility of doing the remedial work. MAYOR 42A. AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery stated that since he had been absent last week when Mayor Higginson appointed him to a Library Site Search Committee he wanted to know how this process was going to proceed. Council concurred that they would hold a workshop on Saturday, April 13 at 8:00 a.m. with the Library Advisory Committee and the Friends of the Library to receive information from staff on all proposed sites, then the Site Committee will meet to formulate recommendations for the City Council. 42C & D. Because of the hour, Councilmember Emery requested these items be continued to April 20, 1993. ADJOURNMENT Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to 4:00 p.m., Thursday, April 15, 1993. The time of adjournment was 10:55 p.m. Marjoti~K. Wahlsten, City Clerk City ~.~oway 4863 NO T/CE NOTICE IS HEREBY GIVEN THAT THE APRIL 13 1993, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF ADJOURNMENT Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to 4:00 p.m., Thursday, April 15, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:55 p.m. Marjorie K. Wahl~ten, City CTerk~ City of Poway, California~ April 14, 1993 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approximately 11:00 a.m. Dated at Poway, California, on April 14, 1993 Marjorie K. Wahlsten, 'CityXCler~ City of Poway, California