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
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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
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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
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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.
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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.
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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