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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. 5018 Page 2 - CITY OF POWAY - October 26, 1993 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) 5019 Page 3 - CITY OF POWAY - October 26, 1993 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 5O2O Page 4 - CITY OF POWAY - October 26, 1993 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 5021 Page 5 - CITY OF POWAY - October 26, 1993 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, 5022 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 5023 Page 7 - CITY OF POWAY - October 26, 1993 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. 5024 Page 8 - CITY OF POWAY - October 26, 1993 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 5O25 Page 9 - CITY OF POWAY - October 26, 1993 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. 5O26 Page 10 - CITY OF POWAY - October 26, 1993 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. 5027 Page 11 - CITY OF POWAY - October 26, 1993 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." 5028 Page 12 - CITY OF POWAY - October 26, 1993 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