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CC 1995 05-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 9, 1995 The May 9, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:00 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 Randy Williams Warren Sharer Mark Sanchez Jim Marmack 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 Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PROCLAMATION Ae Mayor Higginson proclaimed May 14-20, 1995 as "Buddy Poppy Week" and presented a proclamation to Paul Swanson, VFW Junior Vice Commander. Mayor Higginson proclaimed May 14-20, 1995 as "Emergency Medical Services Week" and presented a proclamation to Director of Safety Services Sanchez. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Richard Orvik, 12943 Creek Park Drive, stated he could not be present at the May 16, 1995 public hearing regarding affordable housing and wished to express his opposition to family housing on the Bowron site and requested it be senior housing. 5496 Page 2 - CITY OF POWAY - May 9, 1995 CONSENT CALENDAR Mayor Higginson stated that Item 11 was pulled from the Consent Calendar by the public. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 8. Ratification of Warrant Register for period of April 17-21, 1995(401-10) 9. Denial of claim for damages: Margaret Finley. (704-13) 10. Adoption of Resolution No. 95-028 entitled, "A Resolution of the City Council of the City of Poway, California, Requesting Grant Funds through the Transit Development Act and Transet to Provide Sidewalk and Bike Lane Improvements on Garden and Pomerado Roads, Additional Funding for Bike Facilities on Scripps Poway Parkway, Bike Racks for New Parks and a Bike/Pathway Linkage Study." {401-30) 11.1 Adoption of the following positions on pending legislation: oppose SB 1122 which would require any public entity to comply with a series of requirements in adopting environmental regulations; support AB 1436 which will provide reimbursement for first responder medical treatment; oppose ACA 13 which requires a two-thirds vote for an agency to impose a special tax and limits parcel taxes to those specifically authorized by the Legislature; support SB 1X which is fiscal relief legislation for those areas hard-hit by recent flooding; oppose SB 149 which allows cities incorporated after January 1, 1987 to use the number of registered voters times three for purposes of Vehicle License Fee allocation indefinitely, which reduces revenues to other agencies; support SB 1225 which will allow local governments to use and consider private financing and operation of public facilities; oppose SB 238 which requires employers to provide certain notice regarding financial risk to employees enrolling in a deferred compensation plan; support SB 1167 which allocates growth in property taxes back to the local agency that contributed the original tax to the Educational Revenue Augmentation Fund; oppose AB 915 which would exempt new property which is constructed or installed to meet environmental regulations from property tax; oppose SB 610 which will preempt local agencies' ability to regulate late fee charges by cable companies; support SB 936 which allows cities to meet their housing obligations in the most cost-effective manner; oppose AB 771 which would extend the initial life of a tentative map from two years to five years; oppose SB 657 which would exempt various properties from property tax; support AB 1907 which would rescind the recently enacted requirement that cities contract for CEQA consultants within 45 days from the decision that an EIR is required; oppose AB 318 which would prohibit municipal water and/or power agencies from contributing funds to its municipal general fund; and support AB 349 which requires an operator of a pipeline used for transportation of hazardous liquid substances to conform with specified federal regulations. {701-11) 5497 Page 3 - CITY OF POWAY - May 9, 1995 11.2 Adoption of Resolution No. 95-029, entitled, "A Resolution of the City Council of the City of Poway, California Requesting that the Regional Water Quality Control Board Eliminate the Shredding Requirement imposed upon the San Marcos Landfill." (1170-04) 11.3 Acceptance of Poway Royal Mobile Estates Electrical System Rehabilitation from Mel Smith Electric, Inc. (5905) {602-01 #180R) Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 444/FIRST READING REGULATING SALE OF TOBACCO PRODUCTS Mayor Higginson read the title of Ordinance No. 444. "An Ordinance of the City of Poway, California, adding Chapter 8.05 to Title 8 of the Poway Municipal Code Relating to the Regulation of the Sale of Tobacco Products." City Manager Bowersox noted this item was continued from April 4, 1995 at the request of the Chamber of Commerce. Director of Planning Services Wright-Quastler stated that in response to City Council query, there are 25 cities in California and other cities in five other states that have this type of ordinance in effect. Speaking in opposition to staff recommendation: Teresa Clark, President of the Chamber of Commerce, stated they oppose the ordinance as written and recommended the vending machine ban be approved but the ban on self-service tobacco products not be approved. Yolanda Gilliland, 2358 Deheha, E1Cajon Victoria Agustin, 13312 Community Road Jeff Brown, 16235 Swartz Canyon, Ramona, manager of Albertson's Marge Maguire, 17226 Merlot Beth Beeman, California Grocers Association, stated responsible retailers deserve a chance and cited the new state legislation {STAKE} that will be in effect on July 1 that offers additional enforcement tools; and presented a petition with 650 signatures in support of the Chamber's position. Speaking in favor of staff recommendation: Debra Kelley, 2750 Fourth Avenue, American Lung Association, stated this does not restrict sales to adults, but repositions the product to provide a reasonable restriction for minors. Bob Doyle, 3445 Lebon Drive, San Diego, Vice Chair of the Tobacco Control Coalition, stated there are only 13 enforcement staff statewide for the new Stop Tobacco Access to Kids Enforcement (STAKE) act. David Goerlitz, 29 W. Factory Road, Berlin, New Jersey, stated he worked for 7 years as "The Winston Man" and cited the tobacco companies efforts to get young people to start smoking. 5498 Page 4 - CITY OF POWAY - May g, 1995 Sharon Jahn, 12845 Iola Way, Tobacco Use Prevention Coordinator for Poway Unified School District Cindy Hicks, 13242 Lingre Avenue Justin Taylor, 13357 Racquet Court Marianne Wildey, 1903 39th Street, San Diego, Project TRUST Dr. Charles Callery, 13065 Edina Way, stated cigarettes and chewing tobacco are displayed next to children's videos and baseball cards in Wal- Mart. Mary Hritz, 16326 Avenida Florencia, teacher at Abraxas High School Harry Silas with the County Department of Health stated there are currently 5 cities in San Diego that ban vending machines and three that restrict them to adult areas only. Mayor Higginson stated he applied his benefit versus burden scale and in his view the benefit of providing a deterrent outweighs the burden to the businesses. Councilmember Emery stated the heart of the issue is health and we are attempting to build a wall between children and tobacco. Councilmember Cafagna stated he feels education is at home and easy access does not cause someone to start smoking. He stated this is an undue burden on the retailer. Councilmember Rexford cited the recent birth of her granddaughter in voicing her support for the ordinance. Councilmember Callery stated our goal is to prevent children from obtaining cigarettes. Motion by Councilmember Callery, seconded by Councilmember Rexford to waive further reading and continue the public hearing to May 23, 1995 for second reading. Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:25 p.m. and called it back to order at 8:30 p.m. with all Councilmembers present. ITEM 6 (203-24) MINOR CONDITIONAL USE PERMIT 95-03 APPLICANTS: BRUCE AND CAROLYN CASSELL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a lighted tennis court at 13712 Paseo Valle Alto in Green Valley Estates. Staff recommends approval. Speaking in opposition to staff recommendation: James Everett, 15614 Oakstand Road Laura Marsh, 15622 E1Camino Entrada Robert Conde, 13732 Paseo Valle Alto City Attorney Eckis stated that during the public testimony, Councilmember Cafagna pointed out to him where his residence is in relation to this project and 5499 Page 5 - CITY OF POWAY - May 9, 1995 it is approximately 600 feet away. Councilmember Cafagna must disqualify himself if it will change the value of his property by $10,000 more. Councilmember Cafagna stated he cannot see this property from his home and it will not have an impact on his property values. Speaking in opposition to staff recommendation: Lyle Arnold, 15638 Boulder Mountain Road Tim Marsh, 15822 E1Camino Entrada Robert Hessler, 15497 Oakstand Court, Community Protection Chairman. Green Valley Civic Association Speakers cited the fact that in the past 18 months 3 tennis courts have been allowed to be lighted; the lights shine into neighbors' homes; the lights ruin the rural ambience; the noise of people playing tennis is disturbing at night; and landscaping requirements for other approved courts are not being enforced. Speaking in favor of staff recommendation: Bruce Cassell, 13710 Paseo Valle Alto Councilmember Rexford stated she had visited the Marsh's home to view the subject property and agrees lighting this court would not be appropriate. Councilmember Callery and Mayor Higginson stated they cannot make the finding that the project will not have an adverse aesthetic impact upon adjoining properties. Motion by Councilmember Emery, seconded by Councilmember Callery to deny staff recommendation and direct staff to look at the whole issue of lighted tennis courts in order to be consistent. Motion carried unanimously. (Councilmember Emery left the room.) ITEM 7 (704-10) DECLARING PUBLIC NUISANCE WHITE VALE LANE/LEE WHITE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This public hearing is being held to determine whether the roofing materials that have been dumped on a vacant lot on White Vale Lane are a nuisance and whether to order the abatement. The property owner, Mr. Lee White, has stated that he wants the City to remove the nuisance and assess him via the tax rolls. Mayor Higginson asked if the cost of clean-up could be recouped by some other means. City Attorney Eckis stated our ordinance requires this procedure. 5500 Page 6 - CITY OF POWAY - May 9, 1995 There was no one present wishing to speak. Motion by Mayor Higginson. seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-030, entitled, "A Resolution Declaring the Vacant Lot on White Vale Lane, APN 278-301-22, a Public Nuisance, Ordering the Removal of all Roofing Material and Associated Debris." Motion carried 4-0 with Councilmember Emery out of the room. (Councilmember Emery re-entered the meeting.) ITEM 7.1 (203-08) REQUEST FOR REHEARING/CHABAD OF POWAY APPLICANT: SUSAN MCNABB Staff report by City Manager Bowersox. On May 2, lg95 the City Council continued consideration of an application for rehearing of the approval of a religious complex at Espola Road and Old Espola Road until all Councilmembers could be present. On April 18, 1995 the City Council approved the project which included a conditional use permit, a development review and a setback variance along Espola Road. The variance request was omitted from the notice of public hearing. Since that approval, the applicants have made a decision to eliminate the underground parking lot and this change will require a rehearing of the development review. Staff recommends the City Council rehear the variance and development review only. The Chabad will hold an open house with the neighbors to review their plans before it comes back to the City Council. Speaking in favor of staff recommendation: Lee Kovensky, 12779 Calma Court Jim Murray, 16947 Old Espola Road Sue McNabb, 16951 Old Espola Road Debra Shelton, 17041 Coyote Court David Hamann, 17033 Coyote Court Rabbi Goldstein, 16934 Old Espola Road Robert Kelly, 16955 Old Espola Road Speakers stated the proposed building is too large for the site; the existing project does not have enough off-street parking; and the landscaping requirements are not being enforced on St. John's of Damascus which is east of this project. Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution No. P-95-25, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. P-95-19 and Approving Conditional Use Permit 86-08 Modification, Assessor's Parcel Number 273-820-15." Motion carried unanimously. A neighborhood meeting will be held before the public hearing on the variance and development review. 5501 Page 7 - CITY OF POWAY - May 9, 1995 ITEM 11 (701-10) REPORT OF ADMINISTRATIVE ACTION Mayor Higginson stated this item was pulled from the Consent Calendar by Ric DuDeck. Mr. DuDeck appeared at the City Council meeting on April 18, 1995 to complain about the second story addition being built by his neighbor and a letter was sent from Planning Services which is reported on this Report of Administrative Action. Ric DuDeck, 12859 Luiseno, cited his dissatisfaction with staff's response and that windows are being added, not decreased, in the second story addition. Councilmember Cafagna asked what rights the neighbor has to build this addition. Director of Planning Services Wright-Quastler stated that if an addition does not exceed 750 square feet and meets the height limitations and setback requirements, the building permit issuance is a ministerial action and done at the counter. Council concurred to direct staff to look at making all second story additions a minor development review. Mr. DuDeck will receive a copy of that report. CITY ATTORNEY )TENS City Attorney Eckis reported that the State Supreme Court has ruled in the case of DaVida v. County of Napa that the electors have the right to change the General Plan. The facts of this case were parallel with Proposition FF and the City of Poway joined the amicus brief. He stated in the past the City Attorney has joined amicus briefs when the facts of the case were consistent with existing City Council policy. He is preparing a Resolution for Council review that would specifically authorize the City Attorney to do this. MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. Councilmember Emery requested an item be placed on the agenda to discuss taking a position on the mobile home initiative. 18. Mayor Higginson announced that Larry Quate will serve as Chairman of the Housing Commission for the next year. ADJOURNMENT Mayor Higginson adjourned the meeting at 10 p.m. on motion by Councilmember Emery, seconded by Councilmember Cafagna. Marjorie~(. City C1 erk Wahlsten, City of POway 55O2