CC 1995 01-03 CITY OF POgAY, CALIFORNXA
HINUTES OF THE CZTY COUNCIL REGULAR HEETING
JANUARY 3, 1995
The January 3, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Mayor Hi§§inson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Warren Shafer
Steve Blackwood
Steve Streeter
Patrick Foley
Penny Riley
Marie Lofton
City Manager
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Sheriff's Lieutenant
Principal Planner
Principal Management Analyst
Senior Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery 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 Emery to approve the
Consent Calendar as follows:
16.
Approval of Minutes - City Council:
November 29, 1994, Regular Meeting
December 6, 1994, Regular Meeting
18.
Ratification of Warrant Registers for the period November 28 to December
2, 1994; December 5, to December 9, 1994; December 12 to December 16,
1994. (401-10)
19.
Appropriation of $8,800 from the unappropriated capital replacement fund
balance to purchase miscellaneous operating equipment for Lake Poway and
$11,000 to complete the City Building Reroofing project. (401-13)
20.
Award of bid for Lake Poway Playground Project to Court Concepts of San
Diego in the amount of $50,049.14. (602-01, #1044)
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21. Approval of Cooperative Agreement with California Department of
Transportation (CalTrans} for Scripps Poway Parkway East project.
{602-01, #1045)
22. Report of Administrative Action Taken on City Council-Initiated and Public
Inquiry Items Through January 2, 1995. {701-10)
23. Approval of Extension of Law Enforcement Contract to June 30, lg95.
(602-01, #59)
24. Acceptance of Public Improvements and Release of Securities for
improvements at the southeast corner of Poway Road and Carriage Road,
Atlantic Richfield Company, developer. (602-01, #356)
26. Continued agreement with California Department of Fish & Game for
Interpretive Services at Blue Sky Ecological Reserve to January 17, 1995.
(602-01 #1006)
27. Approval of Amendment to Cooperative Agreement with California Department
of Fish & Game to conduct a six month trial period for bicycle access into
Blue Sky Ecological Reserve. (602-01 #1033)
29. Approval of meeting calendar for 1995, and method for cancelling
additional meetings. (701-01)
Motion carried unanimously.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 89-16
APPLICANT: RAHI NIKRAVESH
Mayor Higginson stated this public hearing was continued from November 15, 1994.
Staff report by Director of Planning Services Wright-Quastler. This is arequest
to create four residential parcels on 2.83 acres near the southwest corner of Old
Stone Road and Old Pomerado Road. The applicant has submitted several revised
tentative maps to respond to concerns for an acceptable grading design for four
parcels. This site has an overall slope of approximately 19% which is steeper
than usual for RS-2 property and it has been very difficult to achieve the
maximum density under that zone while meeting all of the general plan
requirements. Previous recommendation was for denial due to concerns regarding
disturbance of the Friars formations soils. Because reduction of the number of
lots will not reduce the amount of disturbance to the site, and the proposed map
meets the minimum area and dimension requirements for the site, staff is
recommending approval of the four-lot design.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-95-01 entitled, "A Resolution of the City of Poway, California, Approving
Tentative Parcel Map 89-16, Assessor's Parcel Number 317-241-50 and 320-011-22
(PTN)." Motion carried unanimously.
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ITEM 5 (706-02)
ADJUSTED SPECIAL TAX LEVY
COMMUNITY FACILITIES DISTRICT 88-1
Mayor Higginson stated this public hearing was continued from December 13, 1994,
however, the recommendation is to remove from calendar.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff
recommendation and remove from calendar. Motion carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 440 - SECOND READING
INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM
Mayor Higginson read the title of Ordinance No. 440, "An Ordinance of the City
of Poway, California, Adding Chapter 13.05 to the Poway Municipal Code to
Establish an Industrial Wastewater Pretreatment Program and Rescinding Sections
13.04.110 Through 13.04.130 of the Poway Municipal Code."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded byCouncilmember Calleryto waive further
reading and close the public hearing. Motion carried unanimously. Motion by
Councilmember Emery, seconded by Councilmember Callery to adopt Ordinance No.
440. Motion carried unanimously on a roll call vote.
ITEM 7 (701-04)
ORDINANCE NO. 441 - SECOND READING
PAYMENT FOR REIMBURSEMENT
Mayor Higginson read the title of Ordinance No. 441, "An Ordinance of the City
of Poway, California, Amending Section 13.24.070 of the Poway Municipal Code
Regarding Payment for Reimbursement."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded byCouncilmember Cafagna to waive further
reading and close the public hearing. Motion carried unanimously. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to adopt Ordinance No.
441. Motion carried unanimously on a roll call vote.
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ITEM 8 (203-08)
CONDITIONAL USE PERMIT 94-17
VARIANCE 94-10
APPLICANT: RIC AND BARBARA DUDECK
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. This is a request for a conditional use permit and a
variance to legalize an existing second living unit 12859 Luiseno Drive. This
unit was built in 1973 as a 750 square foot room addition and later converted to
a separate living unit. Appraisal records indicate the presence of a second unit
at the time of purchase by the applicant in April, 1989. The applicant has
agreed to modify the square footage to 650 square feet to comply with current
City standards and to construct a covered carport adjacent to the east side of
the existing garage. A setback variance will be needed to permit a twelve foot
encroachment into the required twenty foot minimum side yard setback for the
carport. Staff recommends approval.
Speaking in opposition to staff recommendation:
Jim Seifert, 16344 Martincoit Road, representing Green Valley Civic
Association, stated second dwelling units pose a threat to the overall
General Plan.
Ed Muscat, 12865 Luiseno Drive, stated this unit was never used as a
rental prior to the DuDecks and he is opposed to a carport built so close
to his property.
In response to Council query, City Attorney Eckis stated that State law allows
Conditional Use Permits for second units to be decided on a case-by-case basis.
They can be denied if it is proven to be incompatible with surrounding
properties.
Speaking in favor of staff recommendation:
Ric DuDeck, 12859 Luiseno Drive, stated the property was purchased with
the second unit in place and has not been changed. He distributed a copy
the building report provided when they purchased the property in 1989
which shows a stove in it. He stated they have never tried to hide the
fact they were renting the unit.
Council discussion included questions regarding the number of renters, number of
autos, number of people residing on property, compatibility with General Plan,
controls provided by conditional use permits and whether disclosure had been
provided at time of purchase.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to close the public
hearing and adopt Planning Resolution No. P-95-02 entitled, "A Resolution of the
City Council of the City of Poway, California approving Conditional Use Permit
94-17 and Variance 94-10, Assessor's Parcel Number 275-400-03." Motion carried
3-2 with Councilmembers Emery and Rexford voting "no."
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ITEM g (203-08)
CONDITIONAL USE PERMIT 94-18
APPLICANT: SHARON DeYOUNG
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a conditional use permit to operate a truck
rental business within the City Center Plaza located at 13166 Poway Road. Staff
recommends approval.
There was no one present wishing to speak.
Councilmember Callery requested customers returning trucks between the hours of
10:00 p.m. and 8:00 a.m. be instructed to park the vehicles in the front of the
center, rather than behind the store to reduce the noise impact on the neighbors.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-95-03 entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use
Permit 94-18, Assessor's Parcel Number 317-101-09,31" as amended to change from
7:00 a.m. to 8:00 a.m. Motion carried unanimously.
ITEM 10 (203-08)
CONDITIONAL USE PERMIT 94-14
APPLICANT: HARRY ROGERS
Mayor Higginson opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to legalize an existing horse boarding operation at a density of
more than 10 horses per acre and to provide for on-site worker housing for
property located at 14433 Tierra Bonita Road. This property has a total of 6.59
acres but is impacted by the floodway which reduces the net area to about 5
acres. The applicant will relocate a large exercise arena in the floodplain area
allowing for replacement of corrals on higher ground. There are currently 113
horses kept on this site, the applicant has requested a limit of 146. Staff
recommends a limit of 115 horses on this site. The applicant also seeks approval
for the placement of worker housing on the property under this permit to be built
at a later date. This would not increase the density allowed under the current
zoning. Staff recommends approval with an addition to a site development
condition stating permanent housing for workers may be provided on site.
Speaking in favor of staff recommendation:
Richard Dimler, 12270 Corte Sabio, San Diego
Bea Reuel, 13710 Paseo Bonita
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane
Council questioned staff about the complaint history, noise issues and Council
approval of design and size of permanent worker housing.
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Motion by Mayor Higginson, seconded by Councilmember Emery to close public
hearing and adopt Planning Resolution No. P-gs-04 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit
94-14, Assessor's parcel Number 321-190-05" as amended to add the following to
condition 15 of site development, "Permanent housing for workers who are employed
on the property may be provided on site in conformance with building, sanitation
and other applicable codes. Design of worker housing shall be approved by the
City Council." Motion carried unanimously.
ITEM 11 (203-04)
VARIANCE 94-13 AND DEVELOPMENT REVIEW 94-07
APPLICANT: SHEA HOMES
Mayor Higginson opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is the development review phase of Tentative Tract Map 94-02 to approve the
design and placement of 62 single-family homes on the 9.92 net acre site located
at the northeast corner of Metate Lane and Pomerado Road known as Poway Oaks.
The homes will range in size from 1,680 square feet to 2,050 square feet, and
each model will be offered in four elevations and color packages. There are
three different types of variances required for a few of the lots. These include
rear-yard setbacks, street sideyard setbacks, and a variance from the zoning code
requirement to provide wide sideyards on 25% for R.V. storage. The project
includes a pocket park with a fence and pedestrian access from Pomerado Road.
No restroom facilities or on-site parking are provided with the park. The price
range of the houses will qualify the bulk of them to be classified as affordable
and moderate income housing. Staff recommends approval.
Speaking in opposition to staff recommendation:
Joe Diaz, 12820 Montauk, stated several reasons for opposing the project
and requested the area be left as open space.
Judy Hacket, 12505 Metate Lane, expressed concerns regarding the loss of
property with the widening of Metate Lane and increased traffic.
William Parmley, 12546 Metate Lane, expressed concerns about the loss of
property with the widening of Metate Lane, the density of the project and
increased traffic.
Councilmember Cafagna requested clarification of what changes will be necessary
to widen Metate Lane. Director of Planning Wright-Quastler stated the
improvements will all occur on the north side of the street. There will be no
changes to the south side.
Ronald Stampfl, 12734 Pomerado Road, opposed the project because of the
density and stated when the tentative map was originally heard most people
were on vacation. He asked for more neighborhood input. If it's a "done
deal" he suggested that soundwalls on the west and south sides be a
minimum of 80" high; that landscaping be placed between the soundwall and
the sidewalk; the pocket-park be gated to limit access to Pomerado Road;
there be no reduction in setbacks, and to not raise the existing level of
the property.
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Page 7 - CITY OF POWAY - January 3, 1995
Speaking in favor of staff recommendation:
Ann Radosevich, 12844 Montauk Street, stated she is in general approval of
the project but has concerns regarding loss of privacy caused by two-story
homes being built next to their single story homes and requested Shea
Homes hold some neighborhood meetings to address their questions.
Speaking in opposition to staff recommendation:
Jim Dutton, 12612 Metate Lane, objected to density of project.
Donald Samson, 12541Metate Lane, objected to density of project
Luis Martinez, 12716 Montauk, objected to a soundwall facing Metate Lane,
the pocket park, density of the project and increased traffic.
Speaking in favor of staff recommendation:
Russ Haley, 10721 Treena Street, San Diego, representing Shea Homes,
stated issue was the development review and not the tentative map and
responded to questions that were raised. He stated Shea Homes had sent
letters to surrounding homeowners asking that they call with any
questions.
Council discussed the fact that the map has already been approved and concurred
Shea Homes should hold a neighborhood meeting to discuss the issues regarding the
soundwall, landscaping, access to the pocket park and placement of two-story
homes.
Motion by Councilmember Rexford, seconded by Councilmember Callery to continue
public hearing to January 17, 1994, to allow developer to hold a neighborhood
meeting to address issues raised by residents related to the development review
and variances. Motion carried unanimously.
ITEM 12 (208-03)
GUIDELINES FOR AFFORDABLE HOUSING
REHABILITATION PROGRAM FUNDED BY CDBG FUNDS
Staff report by City Manager Bowersox. The City Council previously approved
applying our 20th and 21st year Community Development Block Grant funds towards
the Affordable Housing Rehabilitation Program for very low- and low-income
families whose housing costs were too high to qualify for the Redevelopment
Agency funded program. Staff has prepared guidelines that differ from the
Redevelopment Agency program in the income qualifying standards, the maximum loan
amount, and types of improvements that can be funded. Staff recommends approval.
Motion by Councilmember Emery, seconded by Council Callery to adopt the
guidelines with added language that applicants could receive funds from only one
program. Motion carried unanimously.
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ITEM 13 (1402-02)
RESPONSE TO CONCERNS/QUESTIONS
NEW POWAY LIBRARY
Staff report by City Manager Bowersox. On December 6, 1994, the Friends of the
Library presented a list of concerns and questions regarding the new library.
Staff reviewed the list which included the operating costs of the new library,
staffing, revenue sources, the library capital improvement budget and site plan
issues and addressed them. Staff and some members of the Council have met with
some of the Friends and reviewed the questions and answers.
Council concurred to receive and file report.
ITEM 14 (1110-04)
STOWE ORIVE EXTENSION
Staff report by City Manager Bowersox. On December 6, 1994, Antonette Auburn,
a resident of Old Pomerado Road area, requested information regarding the
proposed connection of Old Pomerado Road to Stowe Drive at Pomerado Road and the
possibility of an emergency outlet from the cul-de-sac at the south end of Old
Pomerado to Scripps Poway Parkway. The Stowe Drive extension is budgeted.
Design will begin this month and should be completed in June, 1996. An emergency
outlet is not feasible because of the extreme grade from Scripps Poway Parkway
to Old Pomerado Road.
Council concurred to receive and file report, 4-0, with Councilmember Callery out
of the room.
ITEM 15 (602-01 #1050)
YMCA PRYDE PROGRAM
Staff report by City Manager Bowersox. On February 8, 1994, the City Council
approved an allocation of funds to implement a pilot after school intervention
and positive alternatives program for "at risk" students at Meadowbrook School.
This program has been very successful but can only serve approximately 20
students. The YMCA has proposed a program which would replace the previous
program and expand the level of participants and services. It is projected that
approximately 120 to 150 youth would eventually be enrolled. A total of $83,000
will need to be appropriated to fund this program for a three year period. Staff
recommends approval contingent on the signing of an agreement with YMCA.
Councilmember Callery reviewed the success of the current program and stated the
new program will also involve the families of the students.
Motion by Councilmember Emery, seconded by Council Callery to appropriate $83,000
from the General Fund Reserve to fund the YMCA PRYDE Program for a three year
period contingent on signing an agreement with YMCA. Motion carried unanimously.
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Page 9 - CITY OF POWAY - January 3, 1995
ITEM 30
CITY MANAGER ITEMS
City Manager Bowersox announced that as of 7:00 p.m., there had not been a first
baby born to a Poway resident at Pomerado Hospitl in 1995.
ITEM 31
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss anticipated litigation
pursuant to Government Code §54956.9(c), deciding whether to initiate
litigation, number of potential cases, 2.
NAYOR
32.
33.
34.
35.
AND CITY COUNCIL-INITIATED ITENS
Councilmember Cafagna requested a review of the City's investments on a
quarterly basis because of the reported problems with Orange County and
San Diego County investment pools.
Don McKelvey, 13857 York Avenue, and Juil White, 13756 Sycamore Tree Lane,
asked questions about the City's participation in the San Diego County
pool
City Manager Bowersox stated staff prepares an investment report every
month. He suggested it be pulled off the Consent Calendar on a quarterly
basis to be discussed.
A. Councilmember Callery congratulated Teresa Clark on her appointment as
President of the Chamber of Commerce.
B. Councilmember Callery stated she had attended the Rose Parade and
congratulated Poway High School Band on the performance at the Rose
Parade.
Councilmember Emery proposed he and Councilmember Cafagna be appointed as
a sub-committee to explore fund raising ideas for fireworks at Fourth of
July and Poway Days. Council concurred.
Councilmember Rexford requested that Council workshops start later than
4:30 p.m. due to citizens' work schedules. Council concurred to start
workshops at 5:00 p.m. beginning in February.
36. A.
Mayor Higginson appointed Dixie Heap to the Performing Arts Advisory
Committee, replacing Cloyd Bedke who had resigned; appointed
Councilmember Rexford to ADAPT and as representative to the SANDAG
Housing Advisory Committee.
Mayor Higginson suggested the workshop to discuss library issues be
moved from Thursday, January 12, to Saturday, January 14, at 8:00 a.m.
Council concurred.
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Page 10 - CITY OF POWAY - January 3, 1995
CLOSED SESSION
Mayor Higginson called for a closed session at 9:55 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:29 p.m., with all
Councilmembers present. Upon motion by Councilmember Emery, seconded by
Councilmember Cafagna, the meeting was adjourned to 4:30 p.m., Thursday, January
5, 1995, motion carried unanimously. The time of adjournment was 11:30 p.m.
Marjor)e~K. Wahlsten, City Clerk
City o f~w ay
539O
NO TICE
NOTICE IS HEREBY GIVEN THAT THE JANUARY 3 1995, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Emery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, January 5, 1995
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 11:30 p.m.
arie Lofton, Deputy City Clerk
City of Poway, California
January 4, 1995
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on January 4, 1995
Marie Lofton, DepOty City Clerk
City of Poway, California