CC 1993 07-13 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 13, 1993
The July 13, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Les Berglund
Mark Sanchez
Steve Streeter
Dan Cannon
Peter Moote
Penny Riley
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
Acting Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Parks & Landscape Manager
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a Resolution of Appreciation to Scott DeVore, Manager
of the Poway Wal-Mart, for their community efforts including adoption of Hllleary
Park and donation of food for the Fourth of July celebration.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present to speak:
Robert Good, 12730 Soule Street, thanked the City for allowing the
Southwest Poway Homeowners Association to use the Longs building for
collection and storage of items for the rummage sale they held to benefit
For Parents' and Kids' Sake.
Jim Keeley, 15815 Riparian Road, asked the City to develop a program to
prevent long-term parking on city streets, particularly of recreational
vehicles.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt the
Consent Calendar as follows:
11.
Approval of Minutes - City Council
June 15, 1993, Regular Meeting
June 17, 1993, Adjourned Regular Meeting
13. Ratification of Warrant Register - June 24, 1993.
(401-10)
14. Denial of claims for damages: A) Thomas Wiley Ruth; B) Allstate
Insurance, subrogee for Pat Carpenter. {704-13)
15.
Award of bid for the supply of chemicals for use at the Filtration Plant
for fiscal year 1993-94 to the following: Commerce Chemicals, alum in the
amount of $15,076.80; Western States Chemicals, sodium hydroxide in the
amount of $4,075.20; and Van Waters & Rogers, potassium permanganate in
the amount of $8,395.53; rejection of bid for liquid chlorine and
authorization to solicit quotes on open market (601-03)
18.
Approval of agreements between the City of Poway, the Poway Unified School
District, and San Diego Gas & Electric Company for the use of SDG&E's
substation property at Twin Peaks Road and Budwin Lane. {602-01, #530)
19.
Approval of cooperative agreement between the City of Poway and the State
Department of Fish & Game for the operation and maintenance of the Blue
Sky Ecological Reserve. (602-01, #987)
20.
Approval of the following positions on pending legislation: support SB
527 which includes graffiti removal in the maintenance definition of the
Landscape and Lighting Maintenance Act of 1972; support AB 2240 which
establishes a graffiti clearinghouse in the Office of Planning and
Research; oppose AB 1420 preventing the removal of legal signs as a
condition of land use approvals without using eminent domain; oppose AB 51
increasing the level of HCD involvement in local planning; oppose SB 1234
which impounds over $30 million in state and local government revenues
until the State's financial structure is overhauled; oppose AB 1622
establishing new standards for all new and existing public swimming pool
lights. {701-11)
21. Authorization to waive performance bonding for contract with D & D Animal
Disposal. (602-01, #879)
21.1
Appropriation of $1,170 from the General Fund Reserve to the Aquatics
Division for part-time salaries for private swim team hours for fiscal
year 1992-93. (401-17)
Motion carried unanimously.
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ITEM 5 (205-02)
FINANCIAL PLAN/1993-94
Staff report by City Manager Bowersox. This is the second public hearing
regarding the 1993-94 budget. Staff recommends adoption of the Resolution
approving the budget and including various changes made since the budget was
prepared.
Speaking in favor of staff recommendation:
Mark Gordon, 17206 Pinot Place, representing the
Association.
Green Valley Civic
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 93-102, entitled, "A Resolution of the
City Council of the City of Poway, California, Rescinding Resolution 93-083 and
Approving and Adopting the Annual Budget for the Fiscal Year 1993-1994 and
Appropriating the Funds Necessary to Meet the Expenditures set Forth Therein."
Motion carried unanimously.
ITEM 6 (705-10)
CITY LIGHTING DISTRICT
1993-94 ASSESSMENTS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The Landscaping and Lighting Act of 1972 allows for the collection of
assessments for the installation, operation and maintenance of public lighting
facilities . At incorporation the City was included in the County-wide Lighting
District. In 1986 the City formed its own city-wide lighting district and the
assessments have remained the same from incorporation to date. Staff this year
proposed to form a city-wide Zone C for maintenance of traffic signals in
addition to Zones A and B for street lights. The assessment is proposed to be
$13.58 per benefit unit. Due to changes in the law this year, it is necessary
to hold two public hearings on increased assessments and staff recommends the
City Council take public input and continue this to August 3, 1993.
Speaking in opposition to staff recommendation:
Reuben Pate, 13520 Apache Road
Edward Harmon, 12624 Oak Knoll Road
Glenn Cecil, 13817 Tobiasson Road
Mike Cattolico, 16624 Orchard Bend Road
Roberta Ellis, 15262 Hilltop Circle
Samuel Goldstein, 12845 Poway Road, owner of Carriage Center
Speakers questioned the math used in computing the individual notices that were
mailed; spoke about the recession making it difficult for people to pay higher
assessments; and asked what happened to the traffic mitigation fees paid for a
building permit.
City Manager Bowersox stated that traffic mitigation fees fund one-half of
improvements on major arterials with the other half funded from the general fund.
He also noted that there are more benefit units than parcels in the City since
commercial property is assigned benefit units based on the traffic generation
factors of the uses on the property and one parcel can pay for multiple units.
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Council discussion included the possibility of phasing this assessment over a
period of years, using reserves, and the need to raise revenues or cut services.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue the
public hearing to August 3, 1993. Motion carried unanimously.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:15 p.m. and called it back to order at
8:25 p.m. with all Councilmembers present.
ITEM 7 (705-14)
LANDSCAPE MAINTENANCE DISTRICT 87-1
1993-94 ASSESSMENTS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Higher water, pumping and contract costs require an increase in the
assessments for Landscape Maintenance District 87-1, South Poway Business Park.
By letter, the business park property owners are protesting paying for
maintenance of the sports park and the slopes west of Pomerado Road. There is
no amount included this year for maintenance of the sports park. The property
owners have selected an assessment engineer that is analyzing benefit and will
recommend an assessment split to the City Council for next year's assessment.
This year the maintenance will be funded from the LMD reserves and adjusted when
the split is approved. In addition, the slopes west of Pomerado Road will be
funded by the City until TTM 88-04R (McMillin) is annexed into the LMD. The
installation of that landscaping was a condition of that map. Staff recommends
an assessment of $798.76 per net acre.
Speaking in opposition to staff recommendation:
R. Patrick McCullogh, Attorney for CF Poway, 550 West 'C', San Diego
Roger Jaffe, 7185 Navajo Road, Suite M, San Diego
Council noted that the original plan for the business park was for a 10 acre
community park and six one-half acre miniparks to be maintained by the LMD. The
revised plan eliminated the miniparks and added five acres to the ten acres to
create a fifteen acre sports park.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue this
public hearing to August 3, 1993. Motion carried unanimously.
ITEM 8 (203-02)
TENTATIVE PARCEL MAP 93-05
APPLICANT: CHIA-SHENG HOU
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 2.34 acre parcel into three
residential lots at the northeast corner of Chancellor Way andAdah Lane. It was
formerly subdivided as Tentative Parcel Map 87-04. Staff recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration with mitigation measures for
drainage and noise, and adopt Planning Resolution No. P-93-34, entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Tentative Parcel Map 93-05, Assessor's Parcel Numbers 323-262-09 and 10." Motion
carried unanimously.
ITEM 9 (203-08)
CONDITIONAL USE PERMIT 93-02
APPLICANT: DAVID & MARILYN GILLESPIF
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to convert an existing commercial building (the
former Post Office) to a feed, grain and western wear store at 13430 Midland
Road, on the southwest corner of Midland and Poway Roads. Staff recommends
approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to close the
public hearing, issue a Negative Declaration and adopt Planning Resolution No.
P-93-35, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 93-02, Assessor's Parcel Number 317-
130-42." Motion carried unanimously.
ITEM 10 (203-11)
GENERAL PLAN AMENDMENT 93-02
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. This is the second of four possible general plan amendments for 1993
and there are two applications for general plan amendments/rezoning and two
staff-initiated amendments to the general plan text and exhibits.
GENERAL PLAN AMENDMENT 93-02A
Applicant: Anthony Aviano and Neville Bothwell
Staff report by Director of Planning Services Wright-Quastler. This is aprivate
application for redesignation of a 6.6 acre parcel on the southwest corner of
Pomerado Road and Stowe Drive from Residential Single Family to Residential
Apartment. Staff recommends approval.
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court
Bill Rickles, 13725 Utopia Road, representing Poway Civic Association
Lynette Perkes, 15832 Lime Grove Road
Tina Watson, 12019 Old Pomerado Road
Robert Good, 12730 Soule Street
David Thygeson, 12503 Golden Eye Lane
Antonette Auburn, 12302 Old Stone Road
Jim Shea, 12423 Paseo Colina
Mark Larabee, 12416 Old Pomerado Road
Christopher Holl, 12304 Bluewing Court
David Voris, 12467 Golden Eye
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Speakers cited Council campaign promises to maintain the General Plan and
objected to density increase.
Speaking in favor of staff recommendation:
Jerry Long, 12237 Old Pomerado Road, owner of the Big Stone Lodge
Neville Bothwell, 12729 Stone Canyon Road
Mayor Higginson stated that RS-2 is incompatible with the changes that have
occurred with the business park and road improvements; Councilmember Snesko
stated housing is needed for employees in the business park; Councilmember
Cafagna asked if this could be approved at a lower density than 12 units per
acre; Councilmember Callery stated she feels she has a "social contract" with the
citizens since she moved to Poway because the San Diego City Council does not
listen to the public. Council discussed approving Residential Condominium which
would allow a lower density that could be developed as rental or for sale units.
Following discussion, tentative motion by Councilmember Cafagna, seconded by
Councilmember Snesko to approve staff recommendation. Motion carried 3-2 with
Councilmembers Callery and Emery voting 'no.'
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:50 p.m. and called it back to order at
10:05 p.m. with all Councilmembers present.
GENERAL PLAN AMENDMENT 93-02B
Applicant: Frank and Doris Roberts, et al.
Staff report by Director of Planning Services Wright-Quastler. This is an
application involving 27 separate parcels consisting of approximately 37.3 acres
located at the northern end of Olive Tree Lane. Prior to incorporation the
County had designated the area Rural Residential 2 permitting two homes per acre.
In 1983, with the adoption of the city's General Plan, Rural Residential-C, one
acre minimum lot size was assigned to the subject area. Of the 27 parcels, only
seven exceed one acre and could be divided to create a maximum of 6 new parcels.
A redesignation would result in a maximum of 13 new parcels. With the passage
of Proposition FF in 1988, any change increasing density in Rural Residential
land use requires a vote of the people. Staff recommends approval with an
election to be held in November, 1994.
Speaking in favor of staff recommendation:
Jerry Pinney, 13627 Olive Tree Lane. He stated he initiated this in order
to assist the Roberts who own 2.31 acres
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court
Frank Pal fy, 13671Tierra Bonita
Jay Goldby, 13244 Aubrey St., attorney in fact for Edward Hill,
Olive Tree Lane who was not able to be present
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Speakers expressed the desire to leave this area as it is.
Tentative motion by Councilmember Emery, seconded by Councilmember Callery to
deny staff recommendation. Motion carried unanimously.
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GENERAL PLAN AMENDMENT g3-02C
Staff report by Director of Planning Services Wright-Quastler. This is a staff-
initiated amendment to the text of the Goals, Policies, and Strategies of the
general plan adding the statement that no development or credit will be permitted
or given on slopes in excess of 45 percent.
Speaking in favor of staff recommendation:
Mike Fry, 12819 Selma Court
Tentative motion by Councilmember Emery, seconded by Councilmember Callery to
approve GPA 93-02C. Motion carried unanimously.
GENERAL PLAN AMENDMENT 93-02D
Staff report by Director of Planning Services Wright-Quastler. This is a staff
initiated amendment to the Historic and Prehistoric Resources Element of the
general plan replacing Figure VI-4 "Map of Projected Archaeologically Sensitive
Areas."
There was no one present wishing to speak.
Tentative motion by Councilmember Emery, seconded by Councilmember Callery to
approve General Plan Amendment 93-02D. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and issue a Negative Declaration for General Plan Amendment/Zone
Change 93-02A. Motion carried unanimously.
Mayor Higginson read the title of Ordinance No. 418, "An Ordinance of the City
of Poway Changing the Zoning Classification of Certain Property (ZC 93-02A)."
Motion by Councilmember Emery, seconded by Councilmember Calleryto waive further
reading of Ordinance No. 418. Motion carried unanimously.
Motion by Mayor Higginson, seconded by Councilmember Snesko to adopt Resolution
No. 93-103, "A Resolution of the City Council of the City of Poway, California,
Amending the Land Use Element of the General Plan of the City of Poway General
Plan (GPA 93-02A)." Motion carried 3-2 with Councilmembers Callery and Emery
voting 'no.'
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to set second
reading of Ordinance No. 418 for July 27, 1993. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Calleryto deny General
Plan Amendment\Zone change 93-02B. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt
Resolution No. 93-104, entitled, "A Resolution of the City Council of the City
of Poway, California Amending the General Plan of the City of Poway Comprehensive
Plan {GPA 93-02C}" and Resolution No. 93-105, entitled, "A Resolution of the City
Council of the City of Poway, California Amending the General Plan of the City
of Poway Comprehensive Plan (GPA 93-02D)." Motion carried unanimously.
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CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
Section §54956.9(a), pending litigation, City of Poway v. County of San Diego.
HAYOR
24.
AND CITY COUNCIL-INITIATED ITEHS
Councilmember Cafagna asked about the city's current ordinances regarding
Norse boarding facilities. City Attorney Eckis stated that horses are
permitted in limited numbers on parcels under one acre and unlimited
number on parcels over one acre. However, a conditional use permit is
required if there is any commercial use, regardless of the number. If the
Council wishes to change that, they should take input and determine what
~he regulations should be, then formulate an ordinance.
~inda Harkleroad, 12920 Metate Lane, stated her Starlight Stables has
)een a continuous boarding facility for over fifty years.
Mary Ann Altaffer, 14544 Millards Road, expressed concern with a boarding
operation in her neighborhood. They are on a private road and any
regulation needs to balance the needs of the neighborhood with the desires
of the property owner.
Antoine Georges, 17115 dos Amigos Way, objected to the traffic generated
by the Steiner operation.
Bill Steiner, 13980 Millard Ranch Lane, stated he has an agriculture use
and feels it is very appropriate for the area.
John Greenwood, 14545 Cedar Ridge Court, stated he obtained a conditional
use permit for his riding facility and feels other operators should abide
by the rules.
Don Mechling, 14574 Millard Road, stated 80 to 90 heads of horses are too
much for the property.
Kathy Mechling, 14574 Millard Road, stated the scope of the Steiner
operation is not compatible with the neighborhood.
Carl Carlson, 14564 Cedar Ridge Court, objected to the intensity of the
Steiner operation.
Speakers and the Council concurred that Poway is a horse community and
there is no desire to over regulate, however, there is a point where
regulation is necessary. The job will be to define that point. Council
concurred to appoint a Committee consisting of Councilmembers Cafagna and
Snesko, Parks & Recreation Committee Chairperson Deanne Erickson, and
other members of the community of their choosing to meet and formulate
some guidelines.
City Attorney, Eckis stated his office will continue enforcement actions
against the two or three largest violators.
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Page 9 - CITY OF POWAY - July 13, 1993
26.
28A.
28B.
Councilmember Emery's item regarding pool hours will be carried over due
to the lateness of the hour.
Councilmember Snesko cited an incident where the Sheriff was called to a
disturbing the peace call. Soon after they left the party flared up
again. He requested and the Council concurred to suggest a policy to the
Sheriff that they return to these locations and, if the incident is
reoccurring they can cite the owners under the second call ordinance.
Councilmember Snesko requested staff report back on the cost of adding
slides at the Community Park pool.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 11:35 p.m.
ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:44 p.m. with all
Councilmembers present and stated they had instructed the City Attorney during
closed session. He adjourned the meeting at 11:45 p.m. on motion by
Councilmember Callery, seconded by Councilmember Emery.
Marjor~e ~<. Wahlsten, City Clerk
City ofk~jbway
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