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CC 1996 02-27 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 27, ]996 The February 27, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Steve Streeter Alan Fulmer Penny Riley City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Sheriff's Captain Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Jean Woodruff, 14270 Hacienda Lane, asked about the rules for horseback riding in Blue Sky Preserve. Staff will respond to her. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council February 1, 1996, Adjourned Regular Meeting February 6, 1996, Regular Meeting 5743 Page 2 - CITY OF POWAY - February 27, 1996 12. Ratification of Warrant Register for period of February 5-9, 1996. (401-10) 13. Approval of City's Investment Report for period ending January 31, 1996 (408-01) 14. Receive and file Community Swim Center Quarterly Report. (1401-01) 15. Acceptance of public improvements for work on south side of Metate Lane, Shea Homes {602-01 #1079) 16. Approve the following positions on pending legislation: oppose AB 1770 which prohibits municipally owned utilities from seeking any recovery of charges or penalties for the furnishing of utilities from any subsequent tenant or the property owner due to nonpayment of charges by a previous tenant; support SB 1590 drafted by the League of California Cities which encloses the Santa Clara/Guardino court decision and designated its effect date as December 14, 1995; support Proposition 203 which authorizes the issuance of $3 billion of State general obligation bonds to improve school facilities. (701-11} 16.1 Adoption of Planning Resolution No. P-96-07, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 95-10, Assessor's Parcel Number 317-153-27," Jenny Craig Weight Loss Centres, Inc. applicant, for the placement of a wall sign on the street side of a commercial building at 12234 Poway Road. (Confirming action taken February 20, 1996, Item 5.) (203-04) 16.2 Approval of Community Road guardrail installation as an emergency project and the expenditure of $10,000 in a negotiated contract to purchase the guardrail. (1110-01) 16.3 Approval of $3,950 settlement payment to Gary and Sylvia Saylor for Grant of Easement at 16250 Avenida Florencia for Avenida Florencia Drainage Improvements. (1418) (1001-02) 16.4 Approval of support position for SB 848 which modifies the maximum speed law as it pertains to local roads. {701-11) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 457/SECOND READING FALSE ALARM NOTICE REQUIREMENTS Mayor Higginson read the title of Ordinance No. 457, "An Ordinance of the City of Poway, California Amending Chapter 9.44 and Chapter 8.76 of the Poway 5744 Page 3 - CITY OF POWAY - February 27, 1996 Municipal Code." The first reading of this Ordinance was on February 13, 1996. Staff report by City Manager Bowersox. This Ordinance requires a door hanger with the fee schedule for false alarms to be left when the Sheriff responds to a false alarm. It also changes the Code sections to reflect the transfer of certain code compliance responsibilities from the Safety Services Department to Planning Services. Staff recommends approval. Speaking in opposition to staff recommendation: Charles Welsh, 14199 Arbolitos Drive. He requested notice be mailed and recited his experience with false alarms. Councilmember Rexford asked if he had appealed to the City Manager. City Manager Bowersox stated he had and this change is a response to that discussion. Staff feels a door hanger is better than mailing. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Ordinance No. 457. Motion carried unanimously on a roll call vote. ITEM 5 (203-21) SPECIFIC PLAN AMENDMENT 84-01BB OUTSIDE STORAGE BY CUP ON CERTAIN LOTS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Staff is recommending an amendment to the South Poway Specific Plan to allow outside storage on Lots 36, 40, 52, 53 and 54 within Parkway Business Centre by conditional use permit. On June 27, 1995, the City Council adopted Specific Plan Amendment 84-01Y that designated Lots 37, 38, 41 and 42 of the same block for outside storage uses. The block is bounded by Danielson Street on the south, Blaisdell Place on the north and east, and Crosthwaite Circle on the west. Council requested staff notify potential applicants that any outside storage requires a conditional use permit and it could be denied. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-96-08, entitled, "A Resolution of the City Council of the City of Poway, California approving an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84- 01BB)." Motion carried unanimously. ITEM 6 (203-08) CONDITIONAL USE PERMIT 95-10 DEVELOPMENT REVIEW 95-15 APPLICANT: ANYTIME TOWING Mayor Higginson opened the public hearing. Staff report by Director of Planning 5745 Page 4 - CITY OF POWAY - February 27, 1996 Services Wright-Quastler. This is a request to allow a towing operation, including auction of impounded vehicles, storage of vehicles, recreational vehicles and contractors storage yard on Lots 52, 53 and 54. They were granted a temporary use permit on October 17, 1995 to allow this use on these lots. Action on the prior item amended the Specific Plan to allow outside storage on these lots. They are using seatainers which are not currently regulated, however staff is preparing an ordinance and a condition of this approval is that they comply with whatever regulations are adopted. Staff has prepared suggested revisions to the Resolution of approval resulting from discussions with the applicant. Speaking in favor of staff recommendation: Cary Shultz, 13939 Poway Road, requested that vinyl coated chain link fence be allowed on the west property line rather than the masonry wall recommended by staff. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-96-09, entitled, "A Resolution of the City Council of the City of Poway, California approving Conditional Use Permit 95-10 and Development Review 95-19," as revised in the report presented by staff. Motion carried unanimously. ITEM 7 (203-08) CONDITIONAL USE PERMIT 95-08 APPLICANT: GEORGE AND BEVERLY ANDREOS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a second living unit for a cabana on a 6.4 acre site at 14362 High Valley Road. This unit was built with proper building permits, however there is now a full kitchen in the unit and the applicant is requesting legalization as an accessory apartment. Staff is recommending changes to the proposed resolution of approval based on meetings with Mr. Andreos to indicate the unit's existing status. Speaking in favor of staff's recommendation: George Andreos, 143672 High Valley Road, stated he doesn't feel he needs a Conditional Use Permit since this was built with a building permit and requested refund of his $1,700 application fee. He also requested deletion of the paragraph in the covenant referring to attorney's fees to the prevailing party. City Attorney Eckis concurred with this change. Council concurred that this is an obvious recreation unit, not a second dwelling unit. City Attorney Eckis stated that staff has defined this as a second unit in accordance with our current ordinances. He stated Council has the authority to waive the application fee if they feel the circumstances are unusual. 5746 Page 5 - CITY OF POWAY - February 27, 1996 Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing, adopt Planning Resolution No. P-96-10, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-08, Assessor's Parcel Number 321-030-67," as amended and with fees reduced to a Minor Conditional Use Permit. Motion carried unanimously. ITEM 8 (705-13) INTEGP~ATED FINANCING DISTRICT 96-1 HIGH VALLEY ROADS/COUNTY SERVICE AREA 5 Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. Staff is presenting a Resolution of Intention to form Integrated Financing District 96-1 which would provide improvements to High Valley, Markar, Eastvale and Vali Hai Roads to be paid for by assessments against the benefiting properties. This action is being coordinated with the County so that dissolution of County Service Area #5 will take place when the City accepts the improved roads. Speaking in opposition to staff recommendation: Dr. Dorothea Hover, 1573 Skyridge Road. She stated they pay for their own road maintenance on Skyridge and don't want to pay for any more. Director Weston stated that this property benefits from improvements to High Valley Road and they are in proposed Zone D. Speaking in favor of staff recommendation: DeAnne Erickson, 15051Vali Hai Ernest Winkler, 14906 Eastvale Road Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Engineer's Report, adopt Resolution No. 96-017, entitled, "A Resolution of the City Council of the City of Poway, Declaring Its Intention to Order the Acquisition and Construction of Certain Improvements and to Form Integrated Financing District No. 96-1 of the City of Poway (High Valley Roads)," set April 2, 1996 for a hearing and April 16 as the protest public hearing for the formation of Integrated Financing District 96-1. Motion carried unanimously. ITEM 9 (1180-05) COMMUNITY CONTRIBUTION REQUEST FOR PARENTS' AND KIDS' SAKE, INC. Staff report by City Manager Bowersox. For Parents' and Kids' Sake, Inc. has requested a donation of $1,000 to fund a new program which targets families with young children that are in a potentially abusive situation. Staff recommends approval. 5747 Page 6 - CITY OF POWAY - February 27, 1996 Speaking in favor of staff recommendation: Dick Schmitz, 12375 Kerran, President of the Board. He stated this contribution will fund 50 sessions of counseling. Motion by Councilmember Emery, seconded by Councilmember Callery to approve a $1,000 community contribution to fund domestic violence prevention treatment and intervention programs for at-risk families with young children. Motion carried unanimously. HAYOR AND CITY COUNCIL-INITIATED ITEHS 23A. Mayor Higginson appointed Bill Cross to the Senior Issues Committee. 23B. Mayor Higginson stated the City Council has held performance evaluations with the City Manager and City Clerk the past two weeks. In recognition of outstanding performance and to give an increase that was granted to the other employees in 1992, he made a motion that the compensation for the two council-appointed employees be increased 4% effective July 1, 1995. Motion seconded by Councilmember Cafagna and carried unanimously. ADOOURNHENT Mayor Higginson adjourned the meeting at 8:00 p.m. on motion by Councilmember Emery, seconded by Councilmember Callery. MarjorieX~. Wahlsten, City Clerk City of POway 5748