CC 1993 10-26 CITY OF POWAY, CALIFORNZA
MXNUTES OF THE CZTY COUNCZL REGULAR MEETING
OCTOBER 26, 1993
The October 26, 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
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Bob Krans
Steve Streeter
Karen Axell
Patrick Foley
Pamela Colby
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
Director of Public Services
Fire Battalion Chief
Assistant Director of Planning Services
Sheriff's Lieutenant
Principal Management Analyst
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop 479 led the Pledge of Allegiance.
PRESENTATION
Marria Porter, Automobile Club of Southern California, presented a 1992
Pedestrian Safety award to the City.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present to speak:
Fred Fear, 14062 York Avenue, requested the Council quit "bickering" and
give attention to city's problems.
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CONSENT CALENDAR
Mayor Higginson stated that Item 26 has been pulled by the public. Motion by
Councilmember Emery, seconded by Councilmember Callery to adopt the Consent
Calendar as follows:
18.
Approval of Minutes - City Council
September 28, 1993, Regular Meeting
October 5, 1993, Regular Meeting
20. Ratification of Warrant Registers: October 4, 17, 1993.
(401-10)
21. Approval of City's Investment Report: September 30, 1993.
(408-01)
22.
Approval of request by Kajima Engineering and Construction Inc. to
substitute waterproofing subcontractor for Poway SportsPark project from
Saddleback waterproofing to Alcala Co., Inc. {602-01, #174R}
23.
Acceptance of improvements and release of securities, Tentative Tract Map
87-12, Poway Villas, applicant; located adjacent to Poway Road and north
of Match Point Drive. (602-01, #700)
24.
Continued to November 16, 1993, Acceptance of improvements and release of
securities, Tentative Tract Map 89-15, Standard Pacific, applicant;
located in the Rancho Arbolitos area on the west side of Palisades Drive.
(602-01, #837)
25.
Continued to November 16, 1993, Acceptance of improvements and release of
securities, Tentative Tract Map 4191-5BR, Standard Pacific, applicant;
located west of Carriage Road and north of Poway Road. (602-01, #785)
27.
Adoption of Resolution No. P-93-52, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a Process for
Implementation of SB 428 and Acknowledging a Time Extension Pursuant to
Government Code Section 66452.11 for Tentative Tract Map 87-03, Assessor's
Parcel Number 317-48-10," which provides for automatic two-year extension
of tentative maps. (203-01)
28.
Adoption of Resolution No. 93-150, entitled, "A Resolution of the City
Council of the City of Poway Approving the Execution of an Agreement with
Lifeline Community Services for the Poway Affordable Housing Assistance
and Referral Program," authorizing the expenditure of Housing Funds
outside the Project Area and finding that the program increases the supply
of affordable housing. {Referred from August 3, 1993, Item 19}.
(602-01, #145R)
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28.1
Continue approval of assignment of the lease for the South Poway Sports
Park to November 2, 1993 (continued from October 12, 1993, Item 20).
(602-01, #]75R)
Motion carried unanimously.
ITEM 5 (203-04)
VARIANCE 93-16
APPLICANT: KEN SCHREINER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 352 square foot room addition at
13370 Fallen Leaf Road and a variance to encroach 9.4 feet into the required 20
foot side yard setback. Staff recommends approval.
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-93-53, entitled,"A Resolution
of the City Council of the City of Poway, California Approving Variance 93-16,
Assessor's Parcel Number 275-282-15." Motion carried unanimously.
ITEM 6 (203-04)
VARIANCE 93-17
APPLICANT: MARTIN McNABB
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a property line fence on top of a
masonry retaining wall which varies in height from 1'6" to 3'4", for a total
maximum height of 9'4" at 16950 Old Espola Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to adopt
Planning Resolution No. P-93-54, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Variance 93-17, Assessor's Parcel Number
273-820-12." Motion carried unanimously.
ITEM 7 (203-21)
SPECIFIC PLAN 93-01
OWNER: AVIANO TRUST
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. Staff has prepared a specific plan for 9.1 acres west
of Pomerado Road, north and south of Stowe Drive, to establish density and
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development standards for the ultimate development of the property under the
Residential Condominium zone. It requires the extension of Stowe Drive with the
developer providing the required right of way and paying traffic mitigation fees.
Other costs will be borne by the City/Redevelopment Agency. Craftsman style
elements will be required in the design of the building. Staff recommends
approval.
Speaking in favor of staff recommendation:
Neville Bothwell, representing Tony Aviano, 17279 Stone Canyon Road,
clarified that the reference to Craftsman style represents elements of
architecture, not the style of building.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna, to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
93-151, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Specific Plan 93-01." Motion carried unanimously.
ITEM 8 (203-11)
GENERAL PLAN AMENDMENT/ZONE CHANGE 93-03
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. There are four parts to this General Plan Amendment and they are one
public hearing so tentative votes will be taken on each item, then a final vote
confirming the tentative votes.
GENERAL PLAN AMENDMENT/ZONE CHANGE 93-03A
OWNER/APPLICANT: Aviano Trust/Anthony Aviano and Neville Bothwell
LOCATION: Southwest corner of Pomerado Road and Stowe Drive
APN: 317-232-16,17 and portion of 317-232-05
Portion of 317-242-03 and 05
PARCEL SIZE: Approximately 6.6 gross acres
CURRENT LAND USE: Residential Single Family-2
REQUESTED LAND USE: Residential Condominium
GENERAL PLAN AMENDMENT/ZONE CHANGE 93-03B
OWNER/APPLICANT: Aviano Trust/Anthony Aviano and Neville Bothwell
LOCATION: Northwest corner of Pomerado Road and Stowe Drive
APN: 317-232-08, 09 and 31
PARCEL SIZE: Approximately 2.5 gross acres
CURRENT LAND USE: Residential Apartment
REQUESTED LAND USE: Residential Condominium
Director of Planning Services Wright-Quastler stated that because of their
differing underlying land use and zoning, these are presented as two reports.
Tentative motion by Councilmember Cafagna, seconded by Councilmember Snesko to
tentatively adopt the Resolutions changing the land use and hold first reading
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on the Ordinances changing the zoning on GPA/AC 98-03A and 93-03B. Motion
carried unanimously.
GENERAL PLAN AMENDMENT 93-03C
Director of Planning Services Wright-Quastler stated this is a revised Housing
Element incorporating the State Department of Housing and Community Development
comments and amending the Land Use Element to permit development at eight units
per acres in the RS-7 zone. Today we received a letter from HCD, stating, "If
the city adopts the draft revisions as described, Poway's housing element would
comply with State housing element law."
Councilmember Emery commended the Planning Staff, and Mayor Higginson commended
City Attorney Eckis and Councilmember Emery for their work in getting this
approval.
Speaking in opposition to staff recommendation:
Bob Good, 12730 Soule Street, stated we should continue to fight the
state's requirements to increase densities to satisfy housing goals.
Speaking in favor of staff recommendation:
Manny Seneres, 13249 Carolee Avenue, San Diego, asked about developing
property at Carriage and Oak Knoll. He was instructed to contact staff.
Tentative motion by Councilmember Emery, seconded by Councilmember Snesko to
adopt a Resolution approving GPA 93-03C. Motion carried unanimously.
GENERAL PLAN AMENDMENT 93-03D
Director of Planning Services Wright-Quastler stated this amends the text of the
Public Facilities Element byadopting development standards for miniparks and by
redesignating Lake Poway Recreation Area as a Community Park.
Tentative motion by Councilmember Snesko, seconded by Councilmember Callery to
adopt a Resolution approving GPA 93-03D. Motion carried unanimously.
Motion by Councilmember Snesko, seconded by Councilmember Emery to close the
public hearing; issue Negative Declarations on GPA/ZC 93-03A, GPA/ZC 93-03B, and
GPA 93-03C; adopt Resolution No. 93-152, entitled, "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 (GPA 93-03A}", Resolution No. 93-153, entitled,
"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 (GPA 93-03B},"
Resolution No. 93-154, entitled, "A Resolution of the City Council of the City
of Poway, California, Amending the Land Use and Housing Elements of the General
Plan of the City of Poway Comprehensive Plan (GPA 93-03C)," and Resolution No.
93-155, entitled, "A Resolution of the City Council of the City of Poway,
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Page 6 - CITY OF POWAY - October 26, ]993
California, Amending the Public Facilities Element of the General Plan of the
City of Poway Comprehensive Plan (GPA 93-03D)." Motion carried unanimously.
City Clerk Wahlsten read the title of Ordinance No. 421, "an Ordinance of the
City of Poway, California Changing the Zoning Classification of Certain Property
(ZC 93-03A)."
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to waive
further reading and set second reading of Ordinance No. 421 for November 9, 1993.
Motion carried unanimously.
City Clerk Wahlsten read the title of Ordinance No. 422, "an Ordinance of the
City of Poway, California Changing the Zoning Classification of Certain Property
{ZC 93-03B)."
Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive
further reading and set second reading of Ordinance No. 422 for November 9, 1993.
Motion carried unanimously.
ITEM 9 (701-04)
ZONING ORDINANCE AMENDMENT 93-05
DENSITY FOR THE RS-7 ZONE
Mayor Higginson opened the public hearing and read the title of Ordinance No.
423, "An Ordinance of the City of Poway, California Amending the Density Allowed
& Development Standards for the Residential Single-Family (RS-7) Zone, (ZOA 93-
05}." Staff report by City Manager Bowersox. This is one of the changes being
made to bring our housing element in compliance with HCD guidelines of densities
of at least eight units per acre are for housing affordable to moderate income
households. Item 8C amended the Land Use Element to conform with this density
and also established minimum lot size, lot width and depth minimums, setback
requirements and coverage limits. Staff recommends approval.
Speaking in favor of staff recommendation:
Doug Keyes, 6910 Miramar Road, San Diego, requested a change to a lot
width of 45' with a O' setback on one side, rather than 50.'
Motion by Councilmember Emery, seconded by Councilmember Callery to issue a
Negative Declaration, waive further reading and continue the public hearing to
November g, 1993. Motion carried unanimously.
ITEM 10 (701-04)
ZONING ORDINANCE AMENDMENT 93-06
INCLUSIONARY HOUSING REQUIREMENTS
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Mayor Higginson opened the public hearing and read the title of Ordinance No.
424, "An Ordinance of the City of Poway, California, adopting Sections 17.26.100
- 300 of the Poway Municipal Code to Create an Inclusionary Housing Ordinance
(ZOA 93-06)." Staff report by City Manager Bowersox. On December 10, 1991 the
City Council adopted an interim inclusionary housing ordinance and directed staff
to prepare a permanent ordinance that would establish a slide scale in-lieu fee,
based in part on the zoning of the parcel and partly on the size of the house to
be build, which would average approximately $10,500 per unit. For several
reasons staff is now recommending an average fee of $3,000.
Speaking in opposition to staff recommendation:
Tom Sheffer, Executive Director of Construction Industry Federation
Speaking in favor of staff recommendation:
Doug Keyes, 6910 Miramar Road, San Diego, requested the fee for square
footage start at 1,500 square feet rather than 1,000 square feet.
Motion by Councilmember Emery, seconded by Councilmember Callery, to issue a
Negative Declaration, waive further reading and set second reading of Ordinance
No. 424 for November 9, 1993. Motion carried 3-2 with Councilmembers Cafagna and
Snesko voting "no.".
(Councilmember Snesko left the room.)
ITEM 11 (701-04)
ZONING ORDINANCE AMENDMENT 93-07
NONCONFORMING COMMERCIAL USES IN RESIDENTIAL ZONES
Mayor Higginson opened the public hearing and read the title of Ordinance No.
425, "An Ordinance of the City of Poway, California Amending Chapter 17.44 of the
Poway Municipal Code regarding Nonconforming Uses, Structures, Screening and
Performance Standards." Staff report by City Manager Bowersox. Green Valley
Civic Association has requested that non-conforming commercial uses in
residential zones be limited to one single ten percent expansion rather than a
ten percent expansion every five years as currently allowed, and that signage and
lighting be limited. Staff has prepared a zoning ordinance amendment
incorporating these changes and recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to issue a
Negative Declaration, waive further reading and continue the public hearing to
November 9, 1993 for second reading. Motion carried 4-0 with Councilmember
Snesko out of the room.
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ITEM 12 (701-04)
ZONING ORDINANCE AMENDMENT 93-08
MIXED-USES IN COMMERCIAL ZONES
Mayor Higginson opened the public hearing and read the title of Ordinance No.
426, "An Ordinance of the City of Poway, California adopting Section 17.10.170
allowing mixed-use development in commercial zones upon approval of a Conditional
Use Permit." Staff report by City Manager Bowersox. The Action Program of the
Housing Element which was adopted in 1991 requires the Zoning Ordinance be
revised to allow mixed use development in commercial zones. Staff recommends
approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to issue a
Negative Declaration, waive further reading and continue the public hearing to
November 9, 1993 for second reading. Motion carried 4-0 with Councilmember
Snesko out of the room.
(Councilmember Snesko re-entered the meeting.)
ITEM 13 (701-04)
ZONING ORDINANCE AMENDMENT 93-09
AMENDING SIGN REGULATIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
427, "An Ordinance of the City of Poway, California Amending Chapter 17.40 of the
Poway Municipal Code Regarding Comprehensive Sign Regulations." Item introduced
by City Manager Bowersox with staff report by Director of Planning Services
Wright-Quastler. Last year staff held meetings with the Auto Dealers'
Association regarding signage. Proposed changes were discussed with the Business
Advisory Committee, the Poway Road Specific Plan Advisory Committee and the City
Council. The proposed Ordinance also includes changes to the political sign
sections and incorporates a previous Council policy regarding referral of
freestanding signs over eight feet high to the City Council for review.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to waive further
reading and continue the public hearing to November g, 1993 for second reading.
Motion carried unanimously.
ITEM 14 (1401-01)
USE OF LAP LANES AT SWIM CENTER
Staff report byDirector of Community Services Thomas. At the September 21, 1993
City Council meeting, Chris Jensen expressed his concern that too many lap lanes
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are reserved for swim team use. On October 12, 1993, Ricki Peitchel of the
United Poway Swim Team requested more hours for swim team private time. The City
currently budgets for 400 hours. Staff is proposing a policy that during the
months of September, October, April, May and June the pool will be set up for
short course (25 yards) rather than long course (50 meters). Swim teams will
have a maximum of six of the ten available lanes. In response to Council
queries, Director Thomas stated the time for swim meets comes out of the 400
hours and the city's policy continued to be to have two city lifeguards on duty
during the swim teams' private time.
Speaking in opposition to staff recommendation:
Ricki Peitchel, 12881 Indian Trail, United Poway Swim Team, stated that
400 hours are not enough for all the swim teams to share.
Kim Atkins, 13523 Quiet Hills Drive, Blue Fins Swim Team
William Scandalis, 13881 Indian Trail, coach of the United Poway Swim
Team, requested the team be allowed in the pool at 5:15 a.m. rather than
5:30 a.m.. They are required to pay for 2 hours minimum and have to get
out at 6:30 a.m. to get to school on time.
Joy Fodor, 13141 Tawny Way, stated she prefers the 50 meter configuration
for lap swimming.
The speakers offered other suggestions on lane configuration, circle swimming,
and hours of operation. Director Thomas stated he will be bringing a report from
the Sports Subcommittee regarding the pool operation on November g, 1993.
Council concurred to continue this item to that date and requested staff respond
to the public's suggestions with the cost impacts. They also requested
information on the resident teams.
ITEM 15 (1206-01)
ELECTRONIC CITY HALL
Staff report by City Manager Bowersox. At the September 21, 1993 City Council
meeting, Mr. Larry Cruse requested an update on the electronic city hall concept.
City staff is monitoring the latest developments in the use of fibre optics and
telecommunications. When it is economically feasible for the city to utilize
these new technologies, staff will bring back a report for implementation.
Larry Cruse, 13734 Utopia Road, stated he, Duke Ayers, Sue Sheldon and Cathy
Shawl are meeting on these issues and suggested other uses, including having
agenda reports on-line.
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ITEM 16 (i1BO-05)
COMMUNITY CONTRIBUTION REOUEST
Staff report by City Manager Bowersox. Abraxas High School has requested $1,000
for a peer counselor retreat for 20 students. Under criteria in the Community
Contribution Policy they are eligible for such a donation.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve a
$1,000 community contribution for a peer counseling retreat for 20 students from
Abraxas High School. Motion carried unanimously.
ITEM 17 (602-01, #970)
REQUEST FOR REHEARING
REIMBURSEMENT AGREEMENT/STONE CANYON SEWER
Staff report by City Manager Bowersox. LaSalle Talman Bank has requested the
City Council again consider amending the reimbursement agreement to reflect the
actual cost of the installation of a sewer main in Stone Canyon Road and Fallen
Leaf Road. The City Council denied the amendment on September 28, 1993 and the
original reimbursement agreement remains in effect. The Municipal Code does not
contain a provision for a rehearing of this matter, but the provisions for
rehearing on a Conditional Use Permit requires new evidence to be presented in
support of the rehearing. Using that provision in this case, staff recommends
denial of the request since there is no new evidence presented.
Motion by Councilmember Snesko, seconded by Councilmember Callery to find there
is not sufficient new and different evidence to warrant a rehearing and not
concur with the applicant's request for a rehearing. Motion carried 4-1 with
Councilmember Cafagna voting "no."
ITEM 26 (203-10)
MINOR DEVELOPMENT REVIEW 93-48
APPLICANT: JERRY TALIAFERRO
Mayor Higginson stated this item was pulled from the Consent Calendar by the
applicant. Staff report by City Manager Bowersox. This is a request to
construct a 1,586 square foot home at 14510 Crestline Drive which is east of
Highway 67 off Iron Mountain Road. Staff recommends approval.
Jerry Taliaferro, 3519 First Avenue, San Diego, stated he was opposed to the
condition requiring paving 650 feet of road.
Staff pointed out that the rural road standards allows decomposed granite on flat
areas and the entire length does not have to be paved.
Councilmember Emery requested a report regarding when fire sprinklers are
required.
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Motion byCouncilmember Emery, seconded byCouncilmember Cafagna to adopt Planing
Resolution No. P-93-55, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Minor Development Review 93-48 Hillside/Ridgeline,
Assessor's Parcel Number 322-041-24." Motion carried unanimously.
CITY HANAGER ITEMS
City Manager Bowersox stated the City has been awarded an Orchid for Hilleary
Park in the annual Orchids and Onions competition.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
31.
Councilmember Cafagna stated the Metropolitan Transit Development Board is
seeking alternative funding for restoration of transit and trolley
services in 1993-94. Absent funding, there will be major service cuts.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 93-156, entitled, "A Resolution of the City Council of the
City of Poway, California Requesting the Air Pollution Control Board to
Consider Favorably the Expenditure of $1.2 Million for the Restoration of
San Diego Transit and San Diego Trolley Services in Fiscal Year 1994," and
Resolution No. 93-157, entitled, "A Resolution of the City Council of the
City of Poway, California Requesting the Regional Transportation
Commission to Adjust the TransNet Transit Expenditure Formula for the
Metropolitan Transit Development Board (MTDB)." Motion carried
unanimously. {1503-26)
33A. Councilmember Emery requested a report on our plans to implement the
Retired Senior Volunteer Program for our Sheriff's Department.
338.
Councilmember Emery requested a report regarding the penalties for
allowing a dog to run loose. He cited a recent incident at the FFA
facility at Lake Poway where a loose dog killed one of the animals.
34A.
Mayor Higginson suggested the City Council adopt a policy regarding
Councilmembers' contacts with potential businesses in order to give clear
direction to staff, particularly the Redevelopment Director and Economic
Development Director. He proposed three items: 1) No contact unless it is
an allowable use unless Council has given consensus for contact; 2} Notify
staff of any contacts made; and 3} No negotiations unless authorized by
the Council.
Councilmember Snesko asked if such a policy could restrict his activities.
City Attorney Eckis stated that the Council can adopt a policy but there
is probably little that can be enforced.
Following discussion, motion by Mayor Higginson, seconded by Councilmember
Emery to direct staff to prepare a policy for Council consideration, along
the lines suggested by Mayor Higginson. Motion carried 4-1 with
Councilmember Snesko voting "no."
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34B. Mayor Higginson requested that the discussion of a permanent solid waste
management entity be continued to November 2, 1993. (1170-04)
ADJOURNMENT
Mayor Higginson adjourned the meeting at g:30 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
Marjor/ie\K. Wahlsten, City Clerk
City o~oway
5029