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CC 1995 03-14 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR HEETING MARCH 14, 1995 The March 14, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNEMBERS 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 Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Jim Bentz 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 Principal Planner Community Services Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak regarding low income housing on the Brookview site: Sue Fox, 12396 Sage View Road Walter Metcalf, 13115 Valewood Road Jeff Schipper, 12347 Mesa Crest Rod Donna Hauswirth, 12316 Sage View Michael Price, 12233 Sage View Road Mark Lawless, 12379 Sage View Road Alice Lawless, 12280 Sage View Maxwell Llanos, 12317 Sage View Road (2o8-oo) Speakers asked why 4 of the 5 designated low income housing sites are in South Poway; questioned compatibility of the Brookview site with the neighborhood; 5445 Page 2 - CITY OF POWAY - March 14, 1995 stated what they had been told when they purchased their homes regarding this site; expressed concern regarding a road going from their subdivision to the Brookview site; and suggested the court order be appealed. Ernest Piper, 14410 Crestwood, suggested a flashing light on Pomerado Road at Pomerado School; stated Pomerado Road needs repair; and suggested trees be planted on the east side of Pomerado Road south of Ted Williams Parkway to screen the flood control channel. Charles McLauchlan, P.O. Box 12, asked about unfunded Phase 2 improvements in the South Poway Business Park and stated he was not being included in meetings regarding the proposed amphitheater as he had requested. He presented a letter from his attorney. (203-21) Will Kane, 14243 Midland Road, asked for assistance in solving the drainage problems affecting property he owns on Golden Way. CONSENT CALENDAR Mayor Higginson stated Item 22 had been pulled from the Consent Calendar by Councilmember Rexford and the public. City Attorney Eckis stated that Item 22.1 includes property Attorney Kevin McCann spoke to the City Council about on March 7, 1995. Staff and the property owners have reached agreement for the acquisition of right-of-way. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 15. 17. 18. 19. 20. Approval of Minutes - City Council February 16, 1995, Adjourned Regular Meeting February 21, 1995, Regular Meeting Ratification of Warrant Register for period of February 20-24, 1995 (401-10) Adoption of Resolution No. 95-008, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Department Head to Destroy City Records After the Same are no Longer Required." (304-03) Adoption of Resolution No. P-95-14, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-05", San Diego Bicycle Club, applicant, for a United States Cycling Federation sanctioned bicycle race to be held in the South Poway Business Park, on Saturday, May 20, 1995, from 8:00 a.m. to 4:00 p.m. (203-07) Approval of an agreement with Comprehensive Housing Services Inc., for administration of the CDBG Housing Rehabilitation Program.(602-01 #1052) 5446 Page 3 - CITY OF POWAY - March ]4, ]995 21. Approval of one-year contract extensions for landscape maintenance service for the following Landscape Maintenance Districts: A) LMD 83-1: Adobe Ridge II, Camino del Norte, Country Creek, Gateway/La Manda, Rio Court, and Woodland Hills; Pac West Land Care, Inc., contractor (602-01 #968); B) LMD 83-1/86-1: Poway 16, Twin Peaks Plaza, Piedmont Park, and Stone Canyon Ranch; Heaviland Enterprises, Inc, contractor (602-01 #875); C) LMD 86-1: Bridlewood, The Grove, Huntington Gate, and Serenata; Pac West Land Care, contractor (602-01 #915); D) LMD 86-2A: Sunrise Ranch and SilverRidge; Pac West Land Care, contractor (602-01 #917); E) LMD 86-2B/LMD 86-3B: Sycamore Creek and Community Road Medians; Krueger Landscape, contractor (602-01 #984); and F) LMD 86-3A: The Pond and Poway Estates (AKA Sycamore Springs); Pac West Land Care, Inc., contractor (602-01 #969). 22.1 Authorization to acquire right-of-way and mitigation land for Scripps Poway Parkway East: a portion of Assessor Parcel Numbers 323-080-03 & 04 and 323-110-59 from Sanrex for $563,400; a portion of APN 324-070-03 and 323-011-03 from Poway FTC Limited Partnership for $800,000; and APN 323- 110-28 from Point Loma Nazarene College for $119,880. (Continued from March 7, 1995, Item 15.1) (1002-01R) 22.2 Designation of Carol T. Banks as Assistant City Attorney. (602-01 #259) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE NO. 442/SECOND READING PARENTS' CIVIL LIABILITY FOR GRAFFITI (Councilmember Emery left the room.) Mayor Higginson read the title of Ordinance No. 442, "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the Poway Municipal Code Regarding Graffiti." Staff report by City Manager Bowersox. This brings our Municipal Code into conformance with state law which sets the civil liability for parents or guardians of juveniles convicted of graffiti offenses at $25,000. Staff recommends adoption. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing, waive further reading and adopt Ordinance No. 442. Motion carried 4-0 with Councilmember Emery out of the room. ITEMS 5-12 (1002-01) NECESSITY FOR EMINENT DOMAIN PROCEEDINGS SCRIPPS POWAY PARKWAY EAST TO HIGHWAY 67 5447 Page 4 - CITY OF POWAY - March 14, 1995 Mayor Higginson opened the public hearings on Items 5 through 12. These items are all Resolutions of Necessity for property acquisition for right-of-way for Scripps Poway Parkway East. City Attorney Eckis stated that staff has reached agreement on all items except 6, 8, 11 and 12. Only Item 11 is a substantial monetary acquisition. Staff will file complaints in condemnation to start the process in order to obtain possession in approximately 30 days. The other items either have escrows pending or are contained in Item 22.1 on tonight's Consent Calendar. It is necessary to adopt the Resolutions on all of them in order if one should fall out of escrow we're not 90 days behind in the process. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-009, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Schreiber - APN 324-070-04 - Full Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-010, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (King - APN 324-010-70 - Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-011, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Poway FTC 142 Limited Partnership - APNs 324-070-03, 324-011-03 Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-012, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Fisher Enterprises - APN 324-011-14 - Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-013, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Sanrex Co., Ltd. - APNs 323-080-03, 323-080-04, 323-110-59 - Partial Takings)." Motion carried 4-0 with Councilmember Emery out of the room. 5448 Page 5 - CITY OF POWAY - March 14, 1995 Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-014, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Point Loma Nazarene College/Salisbury - APN 323-110-28 - Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-015, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Pallas Sprague - APN 323-100-05 - Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution No. 94-016, entitled, "A Resolution of the City of Poway Finding and Determining the Necessity that Certain Real Property be Acquired under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose: Scripps Poway Parkway Improvements, (Tech Business Center - APNs 323- 090-65, 323-091-03 - Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room. (Councilmember Emery re-entered the meeting.) ITEM 13 (203-08) CONDITIONAL USE PERMIT 95-03 ARBOLITOS MINIPARK APPLICANT: CITY OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Arbolitos Minipark is the second mini-park to be considered by the City Council since the adoption of mini-park design standards in 1993. The proposed park site is approximately one acre and located in the northeast corner of the open space Arbolitos Park. Councilmember Cafagna asked how it will be accessed for maintenance. Director of Community Services Thomas stated there will be curb cut on Ted Williams Parkway and a pathway. Speaking in opposition to staff recommendation: Kevin Byrnes, 14375 Crestwood Mike Matthias, 14442 Crestwood Speakers suggested that the funds be used to improve the recreational facilities at Abraxas High School rather than build this park. More people would benefit. 5449 Page 6 - CITY OF POWA¥ - March 14, 1995 Speaking in favor of staff recommendation: Greg Chick, 12512 Glen Oak Ernest Piper, 14410 Crestwood Merrilee Boyack, 14418 Crestwood Larry Hinman, 14374 Crestwood Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing. Motion carried unanimously. Motion by Councilmember Callery, seconded by Councilmember Emery to adopt Planning Resolution No. P-95-15, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-03, Assessor's Parcel Number 314-040-24," Motion carried unanimously. ITEM 14 (205-04) 1994-95 MID-YEAR BUDGET Staff report by City Manager Bowersox. He commended staff for holding the line on expenditures. It is anticipated we will end the year $400,000 ahead of budget. Jerry Hargarten, 13622 Orchard Gate Road, made some observations regarding areas where the net cost of various departments are higher or lower. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt ResOlution No. 95-017, entitled, "A Resolution of the City Council of the City of Poway, California Approving Midyear Budget Adjustments for Fiscal Year 1994- 1995." Motion carried unanimously. ITEM 14.1 (203-02) OLD COACH GOLF ESTATES/TPM 92-04 RESPONSE TO PUBLIC ORAL COMMUNICATIONS Staff report by Director of Engineering Services Weston. On February 28, 1995, a representative of the Green Valley Civic Association spoke under Public Oral Communications and submitted two letters concerning Old Coach Golf Estates, one from Charles Larrick. They raised issues regarding the City Council's approval of a revision to the matrix for implementation of conditions of approval for Parcel 1, as well as staff approval of a Boundary Adjustment affecting Parcel 1 and the remainder. Staff has responded to the concerns regarding relocation of two golf holes, number of residential lots, and staff's approval of the boundary adjustment. Director of Planning Services Wright-Quastler stated the boundary adjustment will facilitate the Development Review and golf course Conditional Use Permit that will be coming to Council for approval in the future. 5450 Page 7 - CITY OF POWAY - March 14, 1995 Councilmember Emery and Councilmember Cafagna expressed concern regarding staff's approval of this particular boundary adjustment since it will be followed by a discretionary action by the City Council. Charles Larrick, 16163 Espola Road, stated his property shares a boundary with the remainder parcel and he requested that the matrix be modified to include this parcel under category A. Jim Seifert, 16344 Martincoit Road, representing the Green Valley Civic association, asked if the DR and CUP will be brought to the City Council concurrently. Director of Planning Services Wright-Quastler stated that is staff's intention. Council concurred to receive and file the report. ITEM 22 (203-08) DENYING CONDITIONAL USE PERMIT 94-17 APPLICANT: RIC AND BARBARA DUDECK Mayor Higginson stated this item was pulled from the Consent Calendar by Councilmember Rexford and the public. Councilmember Rexford asked what happens if this goes back to a rental unit. City Attorney Eckis stated it is a matter of enforcement. A second unit cannot exist without a conditional use permit. Ed Muscat, 12865 Luiseno Drive, asked how enforcement will be done. He also requested return of his $100 appeal fee. Staff will respond to him. Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt Planning Resolution No. P-95-16, entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution P-95-02, Denying Conditional Use Permit 94-17 and Variance 94-10, Assessor's Parcel Number 275-400-03." Motion carried unanimously. CITY MANAGER ITEMS City Manager Bowersox stated the sound test for the amphitheater will be held tomorrow night from 7-10 p.m. It has been cancelled twice because of rain. CITY ATTORNEY ITEM City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a) to discuss existing litigation, City of Poway v. Parkway Business Centre Partners, Ltd. 5451 Page 8 - CITY OF POWAY - March 14, 1995 MAYOR AND CITY-COUNCIL INITIATED ITEMS 28. Councilmember Rexford stated she was concerned about the appearance of Councilmembers meeting with applicants privately even when it is in compliance with the Brown Act. She suggested it would be appropriate to have direction from the Council to hold such meetings. City Attorney Eckis stated he has prepared a memo for the City Council in the past regarding applicant contacts in the context of the Brown Act, prior to Councilmember Rexford being on the Council and he will distribute that again, however it does not do what she is requesting. Councilmember Emery stated the individual Councilmembers need to keep the rest of the Council informed and would appreciate a more formal policy. City Attorney Eckis will prepare a policy for the Council to review. 29. Mayor Higginson announced Paul Lindsay-Dial as Councilmember Rexford's appointment to the Library Advisory Committee. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 9:20 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:55 p.m. and adjourned on motion by Councilmember Emery, seconded by Councilmember Callery. Marjodie\K. Wahlsten, City Clerk 5452