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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. 4947 Page 2 - CITY OF POWAY - July 13, 1993 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. 4948 Page 3 - CITY OF POWAY - July 13, 1993 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. 4949 Page 4 - CITY OF POWAY - July 13, 1993 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. 4950 Page 5 - CITY OF POWAY - July 13, 1993 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 4951 Page 6 - CITY OF POWAY - July 13, 1993 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 13557 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. 4952 Page 7 - CITY OF POWAY - July 13, 1993 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. 4953 Page 8 - CITY OF POWAY - July 13, 1993 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. 4954 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 4955