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CC 1993 07-27 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 27, 1993 The July 27, 1993, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Susan Callery, Tony Snesko, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna, Bob Emery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter Brad Kutzner Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Senior Civil Engineer Management Analyst PLEDGE OF ALLEGIANCE Councilmember Callery led the Pledge of Allegiance. PRESENTATION Assemblyman Jan Goldsmith gave the City Council an update of legislative activities in Sacramento. AB 713, the HOV sticker program, has been approved by the Assembly and Senate Transportation Committee. It goes next to the Senate Finance Committee and then the Senate floor. There may be some Federal funding available for transit improvements in the 1-15 corridor. AB 764 is now a two year bill which means they will be negotiating some changes to the housing law. He also presented a copy of a letter from Department of Fish & Game confirming their funding the interpretive program at Blue Sky Ecological Reserve for another year. Ethan Rotman, Naturalist, and James McCarthy, Chairman of the Friends of Blue Sky Ranch, were present. Council thanked Assemblyman Goldsmith for attending this meeting. 4956 Page 2 - CITY OF POWAY - July 27, 1993 PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. was no one present wishing to speak. CONSENT CALENDAR There Motion by Councilmember Callery, seconded by Councilmember Snesko to approve the Consent Calendar as follows: Approval of Director of Redevelopment Coordinator, Redevelopment Interpretive Specialist. (503-03) 18. Approval of Minutes - City Council July 6, 1993, Regular Meeting 20. Ratification of Warrant Registers - June 30, July 9, 1993 {401-10) 21. Approval of City's Investment Report - June 30, 1993. {408-01) 22. Approval of Resolution No. 93-106, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway: Valentine, 15210 Hilltop Circle; Fender, 15214 Hilltop Circle; Baker, 15254 Hilltop Circle; Dages, 15258 Hilltop Circle; Marshall, 15248 Hilltop Circle." (1170-11) 23. Approval of Resolution No. 93-107, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of a Portion of a Public Right-of-Way Located Within Parcel 3 of Parcel Map 5755 (VAC 93- 05"); adjacent to Stone Canyon Road and Resolution No. 93-108, entitled, "A Resolution of the City Council of the City of Poway Ordering the Acceptance of a Street Right-of-Way Dedication Located Within Parcel 3 of Parcel Map 5755." (1002-06) 24. Acceptance of improvements and release of securities for Unit 1, surface improvements, Parkway Business Centre, CFD 88-1; Palomar Grading and Paving. {602-01 #864} 25. Class Specifications for the positions of Services, Pool Manager, Redevelopment Project Administrator, and Recreation 26. Approval of Resolution No. P-93-36, entitled, A Resolution of the City Council of the City of Poway Approving Sign Permit 93-27, Assessor's Parcel Number 314-472-04" to maintain an existing nonconforming sign which has been recently reduced to 15 feet in height and 60 square feet in area; located at 13055 Poway Road (Poway Valley Professional Building)(203-17) 27. Award of bid for 1993-94 Slurry Seal and Cape Seal Program to Asphalt, Inc., in the amount of $1,172,315.42. {602-01 #990) 4957 Page 3 - CITY OF POWAY - July 27, 1993 28. Award of bid for construction of citywide traffic striping/pavement marking and pavement replacement to Traffic Operations, Inc. in the amount of $85,211.68. (602-01 #991) 29. Award of bid for construction of pedestrian bridge on Poway Creek at Bowron Road (1416); and lighting of two existing pedestrian bridges on Poway Creek (5412) to Western Contracting in the amount of $95,000 and appropriate $4,000 from 1318 for lighting installation. (602-01 #992) 30. Acceptance of Signal Synchronization, Phase II, various locations throughout the City from Southwest Signal Service. (602-01 #963) 31. Approval of Resolution No. 93-109, entitled, "A Resolution of the City Council of the City of Poway, California Denying General Plan Amendment/Zone Change 93-02B (confirming action taken July 13, 1993, Item lOB) (203-11) Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 4 (701-04) ORDINANCE NO. 417/SECOND READING GRAFFITI AND COMMUNITY SERVICE Mayor Higginson read the title of Ordinance No. 417, "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the Poway Municipal Code Relating to Graffiti." Staff report by City Manager Bowersox. Adoption of the ordinance would enable the city to recover costs of graffiti removal from the parents of minors or, in lieu, to require community service to be performed. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to waive further reading and adopt Ordinance No. 417. Motion carried 3-0 on a roll call vote with Councilmembers Cafagna and Emery absent. ITEM 5 (701-04) ORDINANCE NO. 418/SECOND READING ZONE CHANGE 93-02A/STOWE & POMERADO Mayor Higginson read the title of Ordinance No. 418, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 93-02A). City Manager Bowersox pointed out that with only three Councilmembers present, all three must vote "aye" in order for this to be adopted otherwise it continues over to the next meeting. Since the Councilmembers present were on different sides of this issue at the first reading staff recommends it be continued. 4958 Page 4 - CITY OF POWAY - July 27, 1993 Motion by Councilmember Snesko, seconded by Councilmember Calleryto continue the second reading of Ordinance No. 418 to August 31, 1993 when all Councilmembers will be present. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 6 (203-21) SPECIFIC PLAN AMENDMENT 84-01W APPLICANT: TECH BUSINESS CENTER Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow additional uses within the Light Industrial and Industrial Park land use designations as permitted rather than conditional. This approval will eliminate the need for Conditional Use Permit 93-01 recently granted Orkin Exterminating Company. Their use will be allowed by right. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 93-110, entitled, "A Resolution of the City Council of the City of Poway, California Approving Specific Plan Amendment 84-01W." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 7 (203-04) VARIANCE 93-01/MDRA 93-35 APPLICANT: LAURA KIMBALL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 1,500 square foot residence at 14305 York Avenue. The prior home on this property was destroyed by flooding in January and on March 16, 1993 the City Council approved waiving City fees connected to the rebuilding. A portion of the property is in the floodplain. The applicant is requesting a variance to allow side yard setbacks of five and one-half feet and staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-37, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-10 and Minor Development Review 93-35, Assessor's Parcel Number 314- 182-86." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. 4959 Page 5 - CITY OF POWAY - July 27, 1993 ITEM 8 (203-04) VARIANCE 93-11 APPLICANT: CARY SCHWANEKE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance to allow a 155 square foot addition to encroach four feet into the side yard setback at 14770 Laurelwood Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-38, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-11, Assessor's Parcel Number 314-742-47." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 9 (203-04) VARIANCE 93-12 APPLICANT: DARIN PEARCE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of a retaining wall and chain link fence with a combined height of 12 feet 8 inches where six feet is the maximum height permitted at 13240 Tarascan Drive. It adjoins commercial property and is higher. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-39, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 93-12, Assessor's Parcel Number 317-571-12." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 10 (203-02) TENTATIVE PARCEL MAP 88-17TE(3) APPLICANT: AHMAD SEDEHI Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a third and final one-year time extension for the division of 2.56 acres into four parcels on the west side of Espola Road approximately 400 feet south of Del Poniente Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-40, entitled, "A Resolution of the City Council of the City of Poway, California Approving 496O Page 6 - CITY OF POWAY - July 27, 1993 Tentative Parcel Map 88-17TE(3), Assessor's Parcel Number 321-011-36." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 11 (203-02) TENTATIVE PARCEL MAP 91-01TE(1) APPLICANT: DOUGLAS KEYES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for the division of 16.1 acres into three parcels at the northeast corner or Pomerado Road and Metate Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-41, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 91-01R Time Extension, Assessor's Parcel Number 317-211-02, 04." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 12 (602-01, #135R) OWNER PARTICIPATION AGREEMENT AMENDMENT POWAY CORPORATE CENTER Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The Owner Participation Agreement with Tech Business Center Partnership for their Poway Corporate Center requires them to pay the Redevelopment Agency $820,000 toward the construction of the Scripps Poway Parkway. The developers have requested that the time period for paying the remaining $620,000 be extended to April 1, 1996. They will pay 8 percent interest on the outstanding balance. The funds will be available in time to finance the construction of the improvements. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. 93-111, entitled, "A Resolution of the City Council of the City of Poway, California Approving a First Amendment to the Owner Participation Agreement by and between the Poway Redevelopment Agency and Tech Business Center." Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 13 (701-04) ORDINANCE RE SUBSCRIBER RIGHTS CABLE TELEVISION SYSTEMS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. In order to have sufficient time to review the proposed changes to the 4961 Page 7 - CITY OF POWAY - July 27, 1993 cable ordinance with their corporate office, Southwestern Cable has requested a continuance. Staff recommends continuance to August 31, 1993. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Callery to continue consideration of Ordinance adding Subscriber Rights to the Cable Television provision of the Municipal Code to August 31, 1993. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 14 (704-10) PUBLIC NUISANCE AT 13415 ACTON AVENUF Code Compliance Officer Kathy Barbosa presented photographs showing the extensive clean-up by Shauna Killen at 14315 Acton Avenue which was declared a public nuisance on July 6, 1993. Staff recommends the Notice of Intent to Lien not be released for three to six months with staff re-inspecting periodically. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve staff recommendation. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 15 (704-10) PUBLIC NUISANCE AT 14502 KENNEBUNK STREET Code Compliance Officer Kathy Barbosa presented photographs showing the extensive clean-up by Kathleen and Michael Jones at 14502 Kennebunk Street which was declared a public nuisance on July 6, 1993. Staff recommends the Notice of Intent to Lien not be released for six to twelve months with staff re-inspecting periodically. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve staff recommendation. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. ITEM 16 (602-01, #135R) PROMISSORY NOTE/POWAY CORPORATE CENTER Staff report by City Manager Bowersox. It is recommended that the Redevelopment Agency authorize the execution of a promissory note with Tech Business Center Partnership in the amount of $2.5 million to reimburse them for costs incurred in construction of public improvements for their Poway Corporate Center project. It will accrue interest at 8 percent and will be reimbursed to the developers from tax increment generated by this project as they become available. Motion by Councilmember Snesko, seconded by Councilmember Callery to authorize the execution of a promissory note with Tech Business Center Partnership in the amount of $2.5 million. Motion carried 3-0 with Councilmembers Cafagna and Emery absent. 4962 Page 8 - CITY OF POWAY - July 27, 1993 ITEM 17 (1401-01) EXPANSION OF WEINGART SENIOR CENTER James McCarthy, Chairman of the Weingart Center's Building Expansion Committee explained the additions they want to make to their building which will increase the square footage from 12,457 to 19,453 square feet and will include a sprinkler system. He requested the City Council approve the building plans and appropriate $300,000. City Manager Bowersox suggested the Seniors work with the Planning Department to dress up the exterior. The actual building plans will have to be approved by the Building Department. Staff will report back to the Council regarding funding. Council concurred to receive and file the report. CITY MANAGER ITEMS City Manager Bowersox introduced Randy Williams, newly hired Director of Public Services, who is retiring this week from the U.S. Navy as Public Works Officer at China Lake Naval Weapons Station. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation, City of Poway v. Parkway Business Center. MAYOR AND CITY COUNCIL-INITIATED ITEMS 38A. Councilmember Snesko stated that one of the owners at Poway Royal was attempting to sell his coach and we turned down his potential buyer because of some glitch in a credit report. He asked for a policy that would not allow that to happen. Assistant City Manager Fitch requested that these items be referred to the Housing Commission for resolution. Council concurred. 38B. Councilmember Snesko stated that the San Diego City Council had turned down the Waste Water Management District's proposal to change the weighted vote. He will appear before their Council on August 10 to present the smaller cities position with a possible compromise. City Attorney Eckis requested this be put on the August 3, 1993 agenda in order for the City Council to discuss the compromise proposal. 38C. Councilmember Snesko asked when we can proceed with a neighborhood park on Larchmont Street. City Manager Bowersox stated this was one of the areas identified as needing additional park facilities. The General Plan Amendment adding minipark classification and standards will be presented in September and staff will prepare a report on areas, acreage required, cost estimate, and possible facilities. 37A. Mayor Higginson stated the Solid Waste Interim Commission is meeting tomorrow and requested a status report of that meeting be placed on the August 3, 1993 agenda. 4963 Page 9 - CITY OF POWAY - July 27, 1993 37B. Mayor Higginson stated he has learned that several Mayors walk the safe routes to school with their Traffic Safety Committees and school district representatives prior to the start of school and suggested we do that also. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 7:55 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:30 p.m. and stated they had received a report from the City Attorney during closed session. He adjourned the meeting on motion by Councilmember Snesko, seconded by Councilmember Callery. Marjorie\K. Wahlsten, City Clerk City of Pbway 4964