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CC 1994 01-25 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 25, 1994 The January 25, 1994, 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 Randy Williams Bob Krans Steve Streeter Jim Marmack David Narevsky Pamela Colby 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 Battalion Chief Assistant Director of Planning Services Sheriff's Captain Redevelopment Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 1800 led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council: December 14, 1993 Regular Meeting December 16, 1993 Special Meeting December 16, 1993 Adjourned Regular Meeting 13. Ratification of Warrant Register - January 6, 1994. (401-10) 5105 Page 2 - CITY OF POWAY - January 25, 1994 14. Denial of Claim for Damages: Kerrie Gunier. (704-13) 15. Approval of City's Investment Report as of December 31, 1993. (408-01) 16. Acceptance of 1993-94 City-wide Striping from Traffic Operations, Inc. (403-354) (602-01, #991) 17. Approval of agreement with Municipal Alarm Tracking for processing and collection services for alarm systems, permits and false alarm penalty fees. (602-01, #1007) 18. Approval of loan of $1,267,398 from the City to Community Facilities District 88-1 for payment of debt service due on February 8, 1994. (706-02) 19. Approval of the following positions on pending legislation: support SB 1243 which would authorize a local agency to exempt certain public works projects from prevailing wage rate requirements; oppose AB 9162, which could require abandonment of benefit assessments under certain conditions; oppose AB 2328, AB 2329, AB 2330 which would strengthen the ability of developer privilege to a right; support AB 688 which would authorize the Waste Management Board to implement a "conditional approval" process for AB 939 planning documents; and support the 1994 Parks and Wildlife Initiative. (701-11) Motion carried unanimously. ITEM 4 (203-04) VARIANCE 93-22 APPLICANT: RIC AND BARBARA DUDECK Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit a recently constructed room addition to encroach 6.4 feet into the required 20 foot side yard setback at 12859 Luiseno Drive. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-06, entitled, "A Resolution of the City of Poway, California, Approving Variance 93-22, Assessor's Parcel Number 275-400-03." Motion carried unanimously. 5106 Page 3 - CITY OF POWAY - January 25, 1994 ITEM 5 (203-04) VARIANCE 93-23 APPLICANT: KENT DEINES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit the construction of a 728 square foot guest/pool house to encroach 13 feet into the required 40 foot front yard setback at 13992 Dodder Court. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-07, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 93-23, Assessor's Parcel Number 278-442-20." Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 430/FIRST READING ALARM SYSTEMS Mayor Higginson opened the public hearing and read the title of Ordinance No. 430, "An Ordinance of the City of Poway, State of California, Deleting Sections 9.44.010 Through 9.44.170 Of the Poway Municipal Code Relating to Alarm Systems and Adding Sections 9.44.010 Through 9.44.190." Staff report by City Manager Bowersox. This ordinance amends the regulations for installation, maintenance and testing of all alarm systems including burglary, fire and medical. It removes the existing permit renewal requirement. Additionally, staff is recommending adoption of a one-time $40 permit fee and penalties for false alarms. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further reading and set second reading for February 8, 1994 and adopt Resolution No. 94- 008, entitled, "A Resolution of the City Council of the City of Poway, California Revising Permit Fees and a Schedule of Penalty Fees for Alarm Systems." Motion carried unanimously. ITEM 7 (602-01, #206R) LEASE OF FORMER LONGS DRUG STORE TO BONEY'S SERVICES, LTD. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This agreement is for a 15 year lease with two 5 year options of the former Longs Drug Store, 13536 Poway Road, with Boney's Services, Ltd. for a 5107 Page 4 - CITY OF POWAY - January 25, 1994 Boney's Market. Lease payments are $14,446 per month. Staff recommends approval contingent on the City Attorney's approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve the proposed lease contingent on the City Attorney's approval. Motion carried unanimously. ITEM 8 (203-08) COUNTY MAJOR USE PERMIT P74-146M APPLICANT: ST. GABRIEL'S PRESCHOOL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to modify a Conditional Use Permit to include an 825 square foot preschool at 13734 Twin Peaks Road. Staff recommends approval. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-08, entitled, "A Resolution of the City Council of the City of Poway, California Approving County Use Permit P74-146M, Assessor's Parcel Number 317-651-10." Motion carried unanimously. ITEM 9 (208-03) HABITAT FOR HUMANITY PROPOSAL Staff report by City Manager Bowersox. Habitat for Humanity has approached the City seeking a site for a four-unit, single family, for-sale project. Staff has suggested the .82 acres of RS-7 zoned land the City owns at the end of Silverlake Drive, adjacent to "The Rockpile." Staff requests authorization to order archaeological and soils reports costing approximately $8,000 for the subject site and, if feasible, work with Habitat to bring a formal development proposal for future consideration. Councilmember Snesko stated he agrees with Habitat's program but is opposed to this site. He made a motion to continue this item to February 8, 1994 in order to look at other sites. There was no second. Ann Laux, 12710 Roca Grande Drive stated she lives next to the rockpile and wants this site left as open space. This type of housing would deteriorate the area. In response to Council query, staff stated that these studies would be necessary even if a park were proposed for the site. Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve staff recommendation. Motion carried 4-1 with Councilmember Snesko voting "no." 5108 Page 5 - CITY OF POWAY - January 25, 1994 ITEM lO (701-04) HORSE ISSUES COMMITTEE REPORT Item introduced by City Manger Bowersox. Staff report by Director of Planning Services Wright-Quastler. Since the Committee was appointed in September, 1993, they have met six times and taken extensive public input regarding commercial horse boarding facilities. They have prepared suggested revisions to the Poway Municipal Code regarding the keeping of horses for commercial purposes. The proposed amendments would allow the keeping of fewer than six horses "by right." A commercial operation for six to twenty-five horses would require a Minor Conditional Use Permit. A commercial operation for more than twenty-five horses would require a full Conditional Use Permit. For both private and commercial stables, a limit of sixteen horses per acre for lots over one acre in size would be established. There is currently no limit on the number that can be kept. The draft also retains a prohibition against keeping animals in side yards. Council may wish to amend this section. Councilmember Cafagna, who served as Chairman of the Committee, stated the City Council had received a letter from Robert Coates alleging a violation of the Brown Act since the Committee stated at an early meeting that they were only charged to look at commercial stables, not private ones. The report presented proposes a limit on the number of horses per acre kept commercially and privately. He requested any person speaking at this meeting state if they felt shut out of the process because of this statement and the Committee will convene again. Speaking in opposition to staff recommendation: Betty Rexford, 11570 Creek Road Ken Faucher, 13810 Northcrest Lane Faith Mohling, 12685 Gate Drive Bea Reuel, 13710 Paseo Bonita Connie Griffin, 12655 Gate Drive, member of the Committee Tom McKinney, 13760 Calle Seco James Stevenson, 14525 Millard's Road Don Mechling, 13863 Millard's Ranch Lane Mark Gordon, 17260 Pinot Place Kathy Ries, 13530 Old Winery Road Jerry Hargarten, 13622 Orchard Gate A1 Pappas, 13316 Avenida la Valencia Bruce Tarzy, 15912 Ranch Hollow Road, President, Green Valley Civic Association Speakers stated sixteen horses per acre is too many; suggested some slope criteria be applied; suggested the same limits be placed on commercial and private stables in terms of requiring a permit so that focus is on the number of horses, not on "remuneration"; suggested a minimum of ten acres be required for any application for a full Conditional Use Permit from a stable not presently in existence. 5109 Page 6 - CITY OF POWAY - January 25, lgg4 RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:20 p.m. and called it back to order at 8:30 p.m. with all Councilmembers present. Juil White, 13756 Sycamore Trail Lane, turned in a speaker's slip during the recess. He stated the people in favor of horses need a chance to be heard and stated stables are good for Poway's economy. Mayor Higginson suggested the Horse Issues Committee meet again to review the issues brought up by the public, particularly the number sixteen and whether the need for a permit should be triggered by the number of horses solely. Councilmember Callery asked whether the city should grant a permit to a stable if it is not in compliance with the CC&Rs. She suggested that 1-6 horses be "by right", 6-20 require a Minor Conditional Use Permit and over 20 require a full Conditional Use Permit. Councilmember Emery agreed that 16 per acre is too many and stated topography of the property should be a consideration. City Attorney Eckis stated he will write to Mr. Coates regarding his Brown Act violation allegations and inform him that the Horse Issues Committee will meet again. Committee members present concurred with a suggested meeting date of February 9, 1994, at 7 P.M. Motion by Councilmember Emery, seconded by Councilmember Callery to remove consideration of the ordinance amendments from the February 8, 1994 agenda and refer this matter back to the Ad Hoc Horse Issues Committee. Motion carried unanimously. ITEM 10.1 (602-01, #1006) BLUE SKY ECOLOGICAL RESERVE INTERPRETER POSITION Staff report by City Manager Bowersox. In response to the Council's concerns expressed at the January 11, 1994 meeting, the Department of Fish and Game has confirmed their 70 percent commitment of time to Blue Sky and staff recommends we fund one-half of the position in order to retain that 70 percent commitment. Councilmember Callery stated the Friends of Blue Sky Board will meet on January 26 and made a motion that this item be continued to February 1, 1994. Councilmember Snesko suggested the City look at taking the property over and maintaining it. We have resources with volunteer groups. He made a motion to ask the State Fish & Game to consider giving us Blue Sky Ecological Preserve. 5110 Page 7 - CITY OF POWAY - January 25, 1994 Mayor Higginson pointed out there was another motion on the floor. Mayor Higginson seconded the motion to continue this item to February 1, 1994 and added a request for staff to report back regarding City versus State ownership of this property, including the amount of money spent by the State on maintenance. Councilmember Callery agreed with the amendment and the motion carried unanimously. ITEM 10.2 (702-00) 1994 ELECTION COST AND DEADLINES Staff report by City Manager Bowersox. At the January 18, 1994 City Council meeting, staff was directed to report back on the cost of placing a measure on the June 7 or November 8, 1994 ballots, along with the deadlines. According to the Registrar of Voters' staff, the cost of a measure in June would be approximately $.20 per registered voter and in November it would be $.10 per registered voter. With 27,000 registered voters, that means a cost of $5,400 in June or $2,700 in November. Deadlines are March 11 and August 12. Council concurred to receive and file this report. CITY ATTORNEY ITEMS Ao City Attorney Eckis requested a closed session pursuant to Government Code §54956.8 to instruct the City Manager who is negotiating on behalf of the City/Agency with Bob Dmytryk, for the purchase of Brookview Village Project, and with George Codling for available pads in Creekside Plaza. Bo City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation, SDG&E v. City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23A. Councilmember Callery suggested our Graffiti Ordinance needs to be amended to require aerosol cans and marking pens be locked up. She also asked if there can be stiffer penalties levied for glass etching since the damage is more costly and time-consuming to repair. She had some sample Ordinances from other cities that she referred to the City Attorney. Councilmember Snesko stated he has an item under his item next week to discuss promoting the reward for arrest and conviction of persons doing graffiti. He suggested signs be put on the high school campus informing students about the reward. Mayor Higginson suggested this be placed on 511] Page 8 - CITY OF POWAY - January 25, 1994 23B. 23C. 23D. 26A & the next agenda of the PUSD/City Joint Committee. Councilmember Callery stated the school district has a program in place for elementary and middle school students regarding personal safety training. She suggested such a program would be beneficial for high school students and adults. Councilmember Callery stated there is a joint school district/City after school program starting at Meadowbrook Middle School for at risk youths and a staff report will be presented on February 8, 1994 to propose the City provide the initial funding. Councilmember Callery stated that the recent Los Angeles earthquake has shown the need for earthquake preparedness information and suggested the City sell emergency supply kits. Other Councilmember suggestions included a Poway Today article and Federal Emergency Management (FEMA) training for Councilmembers. B. Councilmember Snesko requested these items be continued to February 1, 1994. 26C. Councilmember Snesko suggested a good site for a skateboard park would be in the Community Park west of the softball field. It could be built with private funds. The Cities of E1Cajon and Temecula are currently building skate board parks. Staff will report back. CLOSED SESSION Mayor Higginson called for a closed session at 9:40 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 10:45 p.m. and announced that Councilmembers Callery and Emery had left during the closed session. He stated they had instructed the City Attorney and City Manager during closed session and adjourned the meeting at 10:46 p.m. on motion by Councilmember Cafagna, seconded by Councilmember Snesko. Marjo~ie~,K. Wahlsten, City Clerk City ~_~o~way 5112