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