Loading...
CC 1996 02-13 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING FEBRUARY 13, 1996 The February 13, 1996, 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. COUNCILHEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Reba Wright-Quastler Steve Streeter Alan Fulmer Brad Kutzner Mike Robinson Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Planning Services Principal Planner Sheriff's Captain Senior Civic Engineer Traffic Engineer Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PRESENTATIONS Ao Mayor Higginson presented a Resolution of Appreciation to Bill Geppert, Vice President and General Manager of Cox in San Diego, for their contribution to the City's Fireworks Fund and 1995 Rodeo. Mayor Higginson presented Completion Certificates and badges to the graduating class of volunteer park rangers: Linda Ashmore, Alec Carpenter, Ana Carpenter, Carol Carson, Mel Naidas, Rita Navarrete, Gene Saffell, Sidney Vale, and Roger Willoughby. PUBLIC ORAL COMHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Gil Olson, 13409 Midland Road, requested a list of positions taken by the City Council on behalf of the citizens and the lawsuits the City Attorney has joined the City to. He suggested this be published in the local newspaper. City 5732 Page 2 - CITY OF POWAY - February 13, 1996 Manager Bowersox noted that this information is available in the City Clerk's office. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Rexford to approve the Consent Calendar, as follows: 11 Approval of Minutes - City Council January 9, 1996, Regular Meeting January 16, 1996 Regular Meeting 13. Ratification of Warrant Register for period of January 22-26, 1996. (401-10) 14. Approval of a one year extension to the contract with BSI Consultants, Inc. To November g, 1996. {602-01 #95) 15. Adoption of Resolution No. 96-010, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the County of San Diego to Submit a Regional Application to the California Integrated Waste Management Board for the 1996-98 Used Oil Recycling Opportunity Grant," on the City's behalf. {401-30} 16. Approval of Memorandum of Understanding Among the City of San Diego, the City of Escondido, the City of Poway, the Sweetwater Authority, the Otay Water District, the Padre Dam Municipal Water District, and the Tia Juana Valley County Water District for the Allocation of Federal Grant Funds for the San Diego Water Reclamation Program Under Section 1612 of Public Law 102-575. (602-01 #1129) Motion carried unanimously. ITEM 5 (701-04 ORDINANCE NO. 456/SECOND READING SECOND DWELLING UNITS Mayor Higginson read the title of Ordinance No. 456, "An Ordinance of the City of Poway, California, Amending Poway Municipal Code Section 17.08.190 Regarding Second Dwelling Units in Single Family Residential Zones." Staff report by City Manager Bowersox. Since the first reading of the Ordinance on January 30, 1996, the City has received public input regarding this issue. He clarified that second dwelling units are not the same as a guest house or a cabana. They are a unit with a full kitchen that can be rented and they require a conditional use permit for approval. Guest houses can be approved by a minor development review. Council directed staff to work with concerned citizens on 5733 Page 3 - CITY OF POWAY - February 13, 1996 this issue several years ago when the State approved legislation giving the City less discretion. The availability of infrastructure is a criteria that can be used and stafPs proposal uses water and sewer capacity, and level of service on the roads as criteria for approval. Annually, a resolution will be adopted determining which areas of the city have adequate water, sewer or traffic circulation to allow second dwelling units. As proposed, second dwelling units will be prohibited until the traffic circulation system is improved to a level of service of C. In response to query by Councilmember Callery, City Attorney Eckis stated that there has never been an unconditional right to have second units on a property. This action does not preclude the right to a first unit, but implements state law in regards to second units. Speaking in opposition to staff recommendation: Jerry Pinney, 3627 Olive Tree Lane Sue Herndon, 16752 Corte Paulina Gil Olson, 13409 Midland Road Don Mechling, 13863 Millards Ranch Lane Jose Castle, 13990 Humo Drive Mary Ann Altaffer, 13539 Blue Crystal Ernie Stevenson, 1455 Millards Road Zdravako Diveak, 14544 Millards Road Diana Augustine, 14210 Midland Road Bill Bailey, 14551Millards Road James Rostvet, 11550 Creek Road John Pavin, 13319 Stone Canyon Road George Andreos, 14362 High Valley Road Speakers stated that Poway residents are being punished for traffic going through the City and suggested that traffic not be used as a criteria. They questioned why this action is being taken since there has not been a problem. Speaking in favor of staff recommendation: Karen Miller, 15417 Espola Road Mary Shepardson, 13815 Johannesberg Carl Kruse, 17187 Tam O'Shanter Bruce Tarzy, 15912 Ranch Hollow Road Speakers stated this action will preserve the integrity of the General Plan and noted that RS zone means Residential-Single Family. Mayor Higginson stated the intent was not to prohibit everyone from applying for second units and suggested some modification to the language to change to level of service D at the point of access to the arterial. Motion by Councilmember Emery, seconded by Mayor Higginson to waive father reading, close the public hearing and adopt Ordinance No. 456 with the changes in the fifth recital to "...at the point of access, the arterial roadway from 5734 Page 4 - CITY OF POWAY - February 13, 1996 which the most direct access is taken to the site proposed for a second dwelling unit has a LOS less than "D"..." Motion carried unanimously on a roll call vote. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 96-011, entitled, "A Resolution of the City Council of the City of Poway, California Regarding the Availability of Public Services for Second Dwelling Units in Single Family Residential Zones," as amended to LOS D. Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 457/FIRST READING FALSE ALARM NOTIFICATION Mayor Higginson opened the public hearing and read the title of Ordinance No. 457, "An Ordinance of the City of Poway, California Amending Chapters 9.44 and Chapter 8.76 of the Poway Municipal Code." Staff report by City Manager Bowersox. In January, 1995, the Code Compliance Officer position which had been in the Safety Services Department was transferred to the Planning Services Department. This Ordinance changes the wording where necessary to reflect that change. It also clarifies that the notice of false alarm is to be via a card left on the door of the property and that the card will have the penalty assessment schedule printed on it. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive further reading and continue the public hearing to February 27, 1996 for second reading and adoption. Motion carried unanimously. ITEM 7 (203-14) MAJOR USE PERMIT P62-188(M) DEVELOPMENT REVIEW 95-15 APPLICANT: FIRST BAPTIST CHURCH OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a new fellowship hall, nursery- preschool classroom building, and a new entry and balcony level to the existing sanctuary at 13604 Midland Road. Staff recommends approval. Speaking in favor of staff recommendation: Lew Dominy, 2150 W. Washington, San Diego, architect John Voris, 14520 Garden Road, church member Mr. Dominy requested changes in various conditions, including waiving requirement to underground utilities; receiving credit for current EDUs of sewage capacity; deleting requirement to improve Agsten Lane west of the new driveway; allowing a wood fence rather than masonry wall on the western property line. Staff 5735 Page 5 - CITY OF POWAY - February 13, 1996 concurred that undergrounding can be waived if the Church agrees to not oppose a future underground utility district that night be formed; agreed they would receive credit for EDUs; concurred to delate Condition l(b) under Streets and Sidewalks; and agreed that a DuraCrete wall between the parking lot and existing home with other type of fencing the remainder of the westerly property line would be acceptable. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Planning Resolution No. P-96-05, entitled, "A Resolution of the City Council of the City of Poway, California Approving Major Use Permit P62-188{M), Development Review 95-15, Assessor's Parcel Number 317-110-45, 62, 70 and 71," as amended. Motion carried unanimously. ITEM 8 (203-08) CONDITIONAL USE PERMIT 95-09 DEVELOPMENT REVIEW 95-18 APPLICANT: HNR FRAMING Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This item is not ready to be heard and staff recommends a continuance to February 20, 1996. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna to continue this item to February 20, 1996. Motion carried unanimously. ITEM 9 (203-10) APPEAL OF MINOR DEVELOPMENT REVIEW 95-63 APPLICANT: DAVID LUDVIGSON Staff report by City Manager Bowersox. This appeal was originally heard on January 30, 1996 and continued to this date to allow the applicant time to construct "story poles" to show where the roof of the proposed residence would be. David Capitanio has withdrawn his appeal based on the "story poles" and the staff approval of MDRA 95-63 can remain in force. Motion by Mayor Higginson, seconded by Councilmember Cafagna to accept the withdrawal of the appeal and remove this item from calendar. Motion carried unanimously. ITEM 10 (602-01 #247R) GOLF COURSE FEASIBILITY STUDY Staff report by City Manager Bowersox. At the January 16, 1996 City Council meeting, Councilmember Rexford recommended that a golf course architect be 5736 Page 6 - CITY OF POWAY - February ]3, 1996 retained to prepare a feasibility study for designing a 36 hole public golf course for the South Poway Planned Comunity. Staff recommends that Tom Johnson of Mt. Vernon, Washington be retained for this purpose. Mr. Johnson was present and showed slides of golf course development around the world. Mayor Higginson noted that a portion of the property being considered is in litigation for Scripps Poway Parkway right- of- way and he clarified that we are not making a commitment that a golf course could be built on this property. He suggested requiring the approval of the private property owners before entering the property. Motion by Councilmember Rexford, seconded by Councilmember Cafagna to appropriate $6,000 for a feasibility study and authorize the City Manager to enter into a contract with Tom Johnson to provide a conceptual plan for a golf course complex with the requirement to get approval of the private property owners before entering the property. Motion carried unanimously. MAYOR AND CITy COUNCIL-INITIATED ITEMS 23A. Mayor Higginson requested and received concurrence for Lois Downs as Chairperson of the Senior Issues Committee. {701-09) 23B. Mayor Higginson requested a closed session for public employee performance evaluation pursuant to Government Code §54957 and noted that the City Manager will be the only employee reviewed at this meeting. The City Attorney and City Clerk will be reviewed on February 20, 1996. CLOSED SESSION Mayor Higginson call for a closed session at 9:00 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 11:30 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Callery, seconded by Councilmember Emery. Marjorie\K. Wahlsten, City Clerk City of Poway 5737