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CC 1994 08-16 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 16, 1994 The August 16, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:04 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, Tony Snesko, Don Higginson STAFF MEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Patrick Foley Penny Riley City Manager City Clerk City Attorney Assistant City Manager 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 Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATION Attorney Art Skola presented a check for $100,000.00 from the William Crawford Trust to be placed in the Library Endowment Fund. Mr. Crawford was a Poway School District administrator and librarian and served on the City's Library Advisory Committee until his death last year. The children's reading area in the new library will be dedicated to his memory. Mayor Higginson presented a Certificate of Commendation to be given to the Crawford family. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Vic Hengeveld, 13909 Poway Road, with the Poway-Midland Railroad Volunteers, stated the work pit in the train barn is inadequate and needs to be extended 18 feet. City Manager Bowersox stated this is on a list of recommended improvements to the park that will be presented to the City Council on August 23, 1994. 5285 Page 2 - CITY OF POWA¥ - August 16, 1994 Lane Wozniak, 13030 Bonita Vista, Poway Royal Mobile Home Owners Association Board member spoke of economic evictions being caused because of excessive rents. Deanna Simpson, 13318 Dana Vista, spoke of electrical problems in the Poway Royal Mobile Home Park and her mobile home in particular. Mark Gordon, 17206 Pinot Place, Green Valley Civic Association President, stated that Councilmember Cafagna has made a proposal to their organization to modify the horse ordinance in order to meet the concerns of the horse initiative proponents; however, he wanted to state publicly that the proposal should be addressed by the proponents, not GVCA. Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Mobile Home Owners Association, stated that the City Council should rethink any intentions it may have to deny the claim filed by the Association. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: go Removed approval of application fee waiver for Conditional Use Permits for Snafu Ranch, located on Eastvale Road, and Starlight Stables, located on Metate Lane from calendar as requested by staff. (203-23} 10. Adopted Resolution No. P-94-41, entitled, "A Resolution of the City Council of the City of Poway, California Approving Comprehensive Sign Program 79-06M, Assessor's Parcel Number 317-490-55," Michael Pinto Trust and Samuel and Pamela Goldstein, owners, Steve Hirschhorn, applicant: a request to modify a previously approved comprehensive sign program to allow wall signs on the rear elevation of tenant suites at Carriage Center, 12845 Poway Road. (203-15) 11. Adoption of Resolution No. 94-088, entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Detachment of APNs 275-321-20 Through 275-321-30 From Landscape Maintenance District 86-1 and the Expansion of Poway Landscape Maintenance District 83-1 With the Annexation of the Same Assessor Parcels with Written Consent of Property Owner," Indian Trails Development (TTM 88-07), located east of Pomerado Road and north of Stone Canyon Road. (705-07) 12. Adoption of Resolution No. 94-089, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 83-1 With the Annexation of APN 314-670-72 by Written Consent of Property Owner," Kindercare, KC Development, owner, located on the southwest corner of Pomerado Road and Camino del Norte. (705-07) 5286 Page 3 - CITY OF POWAY - August 16, 1994 13. 14. 14.1 Approving a one-year extension of the Traffic Signal and Street Lighting Maintenance and Emergency Repair contract with Signal Maintenance, Inc. for fiscal year 1994-95. (602-01 #876) Approving a one-year extension of the Street Sweeping Contract with R.F. Dickson Company for fiscal year 1994-95 . (602-01 #354) Adoption of Resolution No. 94-090, entitled, "A Resolution of the city Council of the City of Poway, State of California, Ordering the Summary Vacation of a Pedestrian and Equestrian Easement in Lot 12 of Tract Map 88-01 (Vacation 94-02)"; Waltraud Gast and Patricia Middleton applicants; located in the vicinity of Highlands Ranch Road. (1002-06) Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 436/SECOND READING POMERADO ROAD SPEED LIMITS Mayor Higginson read the title of Ordinance No. 436, "An Ordinance of the City of Poway, California, Amending Section 10.32.020 of the Poway Municipal Code Decreasing Speed Limits on Pomerado Road from Metate Lane to the South City Limit," and stated this is the second reading. The speed limit is being set at 45 MPH. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Ordinance No. 436. Motion carried unanimously on a roll call vote. ITEM 6 (203-08) CONDITIONAL USE PERMIT 84-16 DEVELOPMENT REVIEW 94-04 POWAY VALLEY SENIOR CITIZENS CORP. Mayor Higginson stated this was continued from August 2, 1994 because of some concerns raised by Lois Downs. Staff report by City Manager Bowersox. This is a request to add 3,400 square feet to the Weingart Senior Center located in the Community Park. Staff recommends approval together with awaiver of application fees. Speaking in opposition to staff recommendation: Lois Downs, 14915 Whitebutte Jim Gordon, 15382 Via Sansal Darwin Drake, 13309 Twin Circle Court 5287 Page 4 - CITY OF POWAY - August 16, 1994 Speakers questioned the need for a larger facility and suggested the money be used to expand the services. Speaking in favor of staff recommendation: James McCarty, 13532 Sagewood Drive, PVSC Board member William Burgess, 13207 Wimberly, PVSC Board member Elaine Jeter, 17834 Villamoura Drive Bill Dulmage, 14115 Donart Drive, PVSC Vice-President Janet Shiba, 14151Donart Drive, PVSC Board member Debbie Henry, 13726 Utopia Road, PVSC Bingo manager Susan Jones, 411 14th St., Ramona, PVSC Administrative assistant Speakers stated that bingo is the largest source of revenue for PVSC and there is a need for a larger facility to accommodate that as well as office space. Council concurred that PVSC is a non-profit corporation and runs their own affairs without City direction, however there does seem to be a need for better communication within the organization and hopefully that will result from this process. They noted that there are two issues, the expansion and services offered. The expansion will make the building more usable. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-94-42, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 84-16M and Development Review 94-04, Assessor's Parcel Number 317-471-13." Motion carried unanimously. Councilmember Snesko stated there needs to be more hours of operation, seven days of lunch services, more week-end activities, and transportation to and from the center on demand. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:30 p.m. and called it back to order at 8:35 p.m. with all Councilmembers present except Councilmember Callery. ITEM 7 (203-08) CONDITIONAL USE PERMIT gl-O8M APPLICANT: COUNTRY MONTESSORI Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval to continue operating a private school at 12642 Monte Vista Road. The CUP expired August 6, 1994 when the lease on the property expired. The school is renting the property on a month-to-month basis until the lot is sold or the school develops another site and they are hoping to relocate soon. Staff recommends approval. 5288 Page 5 - CITY OF POWAY - August 16, 1994 There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution P-94-43, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 91-08M, Assessor's Parcel Number 275-460-56. Motion carried 4-0 with Councitmember Callery out of the room. ITEM 8 (1170-04) WASTE MANAGEMENT PLAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. AB 939 mandates that each California city adopt an Integrated Waste Plan and submit their Source Reduction and Recycling and Non-Disposal Facility Elements by August 31, 1994. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 94-091, entitled, "Resolution of the City Council of the City of Poway, California Adopting the Source Reduction and Recycling Element, the Household Hazardous Waste Element, and the Non-Disposal Facility Element, and Rescinding Resolution No. 92-195." Motion carried 4-0 with Councilmember Callery out of the room. (Councilmember Callery re-entered the meeting.) CITY ATTORNEY ITEMS 16A. City Attorney Eckis requested that the closed session he had scheduled to discuss San Diego Gas & Electric v. City of Poway be continued to September 6, 1994. Motion by Councilmember Emery, seconded by Councilmember Callery to continue this item to September 6, 1994. Motion carried unanimously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Councilmember Cafagna asked the status of the library study. Director of Community Services Thomas stated they are accumulating data from other libraries and the County has hired a financial consultant to do a financial analysis in order to answer Councilmember Cafagna's questions. 20A. Councilmember Snesko made a motion to insist that the San Dieguito River Valley Joint Powers Authority provide reasonable fencing for properties in the City of Poway adjoining the trail being built by the JPA and indemnify them from any lawsuits resulting from the public straying on to their property and being injured. There was no second. 5289 Page 6 - CITY OF POWAY - August 16, 1994 Council discussed the acquisition of property by the JPA in the north part of the City and meetings Councilmember Callery and Assistant City Manager Fitch had with the neighbors regarding potential uses on the property. Councilmember Snesko stated his belief that the JPA should have been required to get a Conditional Use Permit from the City of Poway before they purchased the property. Councilmember Callery stated they had not determined how it would be used and a trail alignment across the property had not been set. She stated Councilmember Snesko attended a JPA meeting in her absence and voted against the property acquisition. She asked that he be removed as an alternate. Councilmember Snesko stated that Councilmember Callery had not kept the City Council informed of actions that would impact Poway residents and the residents had come to him for assistance. City Attorney Eckis stated the issue of representation on the JPA was not on this agenda and would have to be calendared for a later meeting. 2OB. Councilmember Snesko withdrew his issue of expansion of public notice requirements for projects on a dead-end road. 20C. Councilmember Snesko asked to withdraw his item of extending the hours of operation of the speeder car at Old Poway Park, however there were persons present wishing to speak. Speaking in opposition to Councilmember Snesko's recommendation: Jill Nasman-Moore, 14126 Sycamore Avenue William Holgren, 14152 Sycamore Avenue Carmen Stevens, 14136 Sycamore Avenue The speakers stated they thought there had been agreement on shorter hours after meeting with Councilmember Callery and staff and again cited the impact on their lives because of the noise from the train. Councilmember Emery stated that this is not the way to resolve this issue. He volunteered, along with Councilmember Callery, to serve as a Council sub-committee to meet with the residents and the train volunteers. Council concurred. ADJOURNHENT Upon motion by Councilmember Emery, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to Thursday, August 18, 1994 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:20 p.m. Marjor~e~K. Wahlsten, City Clerk City o~way 5290