CC 1996 05-07 CITY OF POWAY, CALIFORNIA
RINUTES OF THE CITY COUNCIL REGULAR REETING
RAY 7, 1996
The May 7, 1996, regular meeting of the City Council of the City of Poway,
was called to order at 7:02 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
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Warren Shafer
Steve Streeter
David Narevsky
Steve Blackwood
Jim Lyon
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Principal Planner
Redevelopment Manager
Sheriff's Lieutenant
Assistant Planner
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:
Ann Calvert, 15245 Ridgeview Place, spoke regarding the Poway Center for
the Performing Arts Foundation fund raiser, Rites of Spring, that was held on May
4, 1996 and urged the Councilmembers and staff to attend next year.
CONSENT CALENDAR
City Manager Bowersox stated that Item 10 has been revised regarding trail
fencing, and fire department turn around. Councilmember Cafagna, seconded by
Councilmember Rexford to approve the Consent Calendar, as follows:
6. Ratification of Warrant Register for period of April 15-19, 1996.(401-10)
7. Denial of Claim for Damages: David Huffman
(704-13)
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Approval of agreement with the City of San Diego for repair of fire hose
used in fire suppression and emergency services activities.
(602-01 #1143)
9. Award of bid for 1996-1997 Pedestrian Ramp Program (1518) to Fox
Construction in the amount of $129,300. (602-01 #1144)
10.
Adoption of Resolution No. P-96-28, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development
Review 96-11 (Hillside/Ridgeline), Assessor's Parcel Number 321-180-72
(portion)," Jerry and Sharon Burgreen, applicants; for a 4,180 square foot
single-story home at 14132 Tierra Bonita Road. (203-10)
10.1
Adoption of Resolution No. P-96-29, entitled, "A Resolution of the City
Council of the City of Poway, California Denying Minor Conditional Use
Permit 96-03, Assessor's Parcel Number 321-410-27," Mark Wagenseller,
applicant, request to install lights on a previously approved tennis court
at 14953 Huntington Gate Drive. (Confirming action taken April 30, 1996,
Item 6.) (203-24)
10.2
Approval of the following positions on pending legislation: support AB
2846 which protects City spheres of influence; support AB 2379 which
corrects the practice of unfunded mandates and requires reimbursement at
an adequate pace; support SB 1998 regarding Los Angeles county
jurisdictions withdrawing from the County library system and property tax
transfer; and support AB 3252 which gives local agencies an option to
adopt a defined contribution plan for PERS employees. (701-11)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 462/FIRST READING
NONCONFORMING USES, STRUCTURES
Mayor Higginson read the title of Ordinance No. 462, "An Ordinance of the City
of Poway, California amending Chapter 17.44 of the Poway Municipal Code
Concerning Nonconforming Uses, Structures and Performance Standards (ZOA 96-03)."
Staff report by Director of Planning Services Wright-Quastler. In response to
the concerns expressed when the Poway Road Specific Plan was discussed with
property owners, staff has prepared an amendment which would allow nonconforming
commercial uses in commercial zones to expand or be sold without losing their
non-conforming status. Also, if the use is discontinued, it would not lose its
nonconforming status unless a conforming status is established on the site.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive
further reading and continue the public hearing to May 21, 1996 for second
reading. Motion carried unanimously.
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ITEM 6 (203-11)
GENERAL PLAN AMENDMENT 96-02
POWAY ROAD SPECIFIC PLAN/"ROCKPILE"
Mayor Higginson read the title of each of the subparts of this item which
includes actions related to the Poway Road Specific Plan and rezoning the
"rockpile" at the southerly terminus of Silver Lake Drive. Item introduced by
City Manager Bowersox. Staff report by Director of Planning Services Wright-
Quastler.
POWAY ROAD SPECIFIC PLAN
In the fall of 1991, the City Council appointed a committee to work with staff
to prepare a Specific Plan for the commercial areas on and near Poway Road. The
draft plan was presented to the City Council on March 30, 1995. Council directed
staff to conduct additional community meetings with the local businessmen and
property owners to discuss their concerns. From the information gathered from
these meetings, staff has modified the Specific Plan, revised the land use matrix
and proposed changes to the non-conforming use section. In order to implement
the Plan, it is proposed that four new General Plan land use and zoning
designations be created and that properties in the Specific Plan area be
redesignated in accordance with these categories. In addition, the Manufacturing
Service (MS) and Community Commercial (CC) designations will be eliminated from
the code. There are four districts proposed: Community Business (CB) on the west
end, Mixed Use (MU), Town Center (TC), and Automotive and General Commercial
(AGC). In addition, purely residential uses would be allowed with a Conditional
Use Permit on properties two acres or more in the MU, CB and CG zones.
Council discussed potential population changes resulting from these revisions.
Speaking in opposition to staff recommendation:
Bill Rickles, 13725 Utopia Road
Larry Cruse, 13734 Utopia Road
John Cihak, 11270 Lake Rim, San Diego
Peggy Collette, 13969 Bernadotte Lane
Robert Good, 12730 Soule
Domenic Drago, 501W. Broadway, San Diego, representing K-Mart
Speakers expressed concern regarding potential for residential units; changes to
the General Plan; the cost to small business owners for conditional use permits;
and stated the Plan should be voted on by the general public.
Eugene Zuill, 13138 Welton Lane, stated he lives next to a Poway Road
commercial center and is concerned about what is approved on Poway Road. He
stated the fencing between his property and the center is poor, the trash trucks
come too early, the drainage comes towards his property, there is a contractor's
storage yard that needs a conditional use permit, and the noise ordinance needs
enforcement.
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Speaking in favor of staff recommendation:
Jay Goldby, 13244 Aubrey, President of the Poway Chamber of Commerce
Ron Enos, 16342 Martincoit, President of the Green Valley Civic
Association, suggested staff prepare an annual report regarding progress towards
implementation.
Council concurred this is a complex issue which is why it has taken so long to
get to this point. They concurred to remove the palm trees from the plan; to not
allow shake shingles; to change the conditional use permit to a minor conditional
use permit requirement for the auto uses; to continue to require conditional use
permits for pawn shops and quick lubes and not allow them by right; to not allow
residential use on lots over 2 acres, to give K-Mart the ability to remain
retail; and to leave the proposed language regarding exterior colors.
Motion by Councilmember Emery, seconded by Councilmember Cafagna, %o approve the
Poway Road Specific Plan in concept, but to continue this item to May 14, 1996
in order for staff to prepare the amended language for Council review. Motion
carried unanimously.
"ROCKPILE"
In 1987 the City acquired the parcel of land located at the southern end of
Silver Lake Drive in order to preserve archaeological features on the knoll. The
knoll portion was rezoned from Residential Apartment to Open Space and the
flatter portions around the western edge were designated Residential Single
Family 7. The flat portion on the north remained Residential Condominium. There
is now a possibility of having an interpretive center on the site and staff
proposes rezoning the RS-7 portion as OS.
Speaking in favor of the rezone:
Clarence Brown, P.O. Box 309, Alpine
Dorothy Tavui, P.O. Box 2353, Valley Center
Florence Shipek, 2932 Lawrence, San Diego
Jane Dumas, 6808 Central, Lemon Grove
Eamon Kavanagh, 13243 Evanston
Council discussed the RC section. Motion by Councilmember Emery, seconded by
Councilmember Rexford to direct staff to bring a rezone of that portion to OS
in a future General Plan Amendment. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve this
in concept, but to continue to May 14, 1996 in order to take final action along
with the Poway Road Specific Plan portion of the General Plan Amendment. Motion
carried unanimously.
MAYOR AND CITY COUNCILMEMBER-INITIATED ITEMS
14.
Councilmember Callery stated that Espola Road will be widened when Old
Coach Estates is developed and that widening will eliminate the parking at
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Blue Sky Preserve. The sixteen acres adjacent to Blue Sky are currently for sale
and she suggested that the City send a letter to the State encouraging them to
purchase the property for parking and an interpretive center. Council concurred
to direct staff to prepare the letters to the local legislative representatives,
the Wildlife Conservation Board and the Department of Fish & Game.
17.
A. Mayor Higginson stated that Howard Maher will serve as Chairperson of
the Poway Housing Commission.
B. Mayor Higginson stated that Barbara Lerma will be Councilmember
Cafagna's appointee to the Performing Arts Advisory Committee.
C. Mayor Higginson stated that San Diego Councilmember Judy McCarty is
proposing a countywide 1/4 cent, five year, sales tax increase for the
benefit of libraries. Estimated revenue to Poway would be $5 million and,
placed in an endowment fund, could produce $300,000 per year for library
funding. This would require a county-wide vote with two-thirds approval.
Council discussed various conditions that would have to be built in for us
to support it, including that this would not replace existing funding.
Staff will prepare a list of conditions and bring it back to Council, if
there appears to be regional interest to proceed.
ADJOURNMENT
Upon motion by Councilmember Cafagna, seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to Friday, May 10, 1996, 10:00 a.m. in
the Poway Community Center, 13094 Bowron Road. The time of adjournment was 9:25
p.m.
rjorie K. Wahlsten, City Clerk
City of Poway, California
5800
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE MAY 7, 1996, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated: May 8, 1996
ORDER OF ADJOURNMENT
Upon motion by Councilmember Cafagna,
seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to
Friday, May 10, 1996, 10:00 a.m.
in the Poway Community Center, 13094
Bowron Road, Poway, California. The time
of adjournment was 9:25 p.m.
Marj~/ri~ K. Wahlsten, City Clerk
City~Poway, California
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 May 8, 1996
Marjor~te~K. Wahlsten, City Clerk
City o~way, California