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CC 1995 07-18 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING JULY 18, 1995 The July 18, 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 Poway Center for the Performing Arts, 15498 Espola Road, 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 Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Steve Streeter Jim Nessel Michael Putnam Steve Blackwood Penny Riley PLEDGE OF ALLEGIANCE City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Principal Planner Senior Planner Performing Arts Manager Sheriff's Lieutenant Senior Management Analyst Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson trailed this item until later in the meeting. The speaker slips were being collected in the lobby and he did not have any in front of him at this time. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: Ratification of Warrant Register for period of June 26-30, 1995 (401-10) Denial of claims for damages: A) Terry Portwood; B) Valerie Linton; and C) Joseph, Geraldine and Patrick Valencia. (704-13) 5569 Page 2 - CITY OF POWAY - July 18, 1995 o 9.1 Award of bid for Traffic Signal Maintenance to Signal Maintenance Inc., in the amount of $165,271.02 and Street Lighting Maintenance to Southwest Signal Service in the amount of $99,350.41. These costs are shared with the cities of E1Cajon, La Mesa, Lemon Grove, and Santee. (602-01 #876 &1088) Approval of an agreement between the City of Poway and County of San Diego, Department of Public Works, for Poway's Household Hazardous Materials Program. (602-01 #1089) Continue award of bid for the Glen Oak Paving Project to August 1, 1995. (5279). (602-01, #235R) Allocation of $1,531 in franchise fee revenue from adult cable programming to Escondido Youth Encounter and For Parents' and Kids' Sake, nonprofit family and social service organizations. (1206-01) Motion carried unanimously. ITEM 4.1 (203-01) TENTATIVE TRACT MAP 86-01(RA) AMENDING GRADING RESTRICTIONS Mayor Higginson stated he would take this item out of order. This was continued from July 11, 1995 because only three Councilmebers were present at that meeting and Councilmember Cafagna had disqualified himself from the item. Staff report by City Manager Bowersox. This is a request to amend the resolution of approval for Huntington Gate, Phase 2, to eliminate grading restrictions within building setback areas on residential lots in favor of off-site purchase of 6.5 acres of comparable habitat or payment into an in-lieu fund. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-95-37, entitled, "A Resolution of the City Council of the City of Poway, California Modifying Tentative Tract Map 86- 01(RA), Resolution Amendment, Phase 2, Assessor's Parcel Numbers 321-410-01 through 38," and approve a fee agreement setting up a repayment schedule for the outstanding fees owed to the City. Motion carried 4-0 with Councilmember Cafagna abstaining. ITEM 3.1 (203-21) SOUTH POWAY SPECIFIC PLAN AMENDMENT 84-01Z POWAY ENTERTAINMENT CENTER/BILL SILVA PRESENTS City Manager Bowersox noted that this item was continued from June 27, 1995. 5570 Page 3 - CITY OF POWAY - July 18, 1995 Although the item on the agenda is initiation of the Specific Plan Amendment for the Poway Entertainment Center, the City Attorney has advised that the City Council cannot take action on this item because the applications and environmental impact report are not complete. Staff is recommending that the City Council initiate a Specific Plan Amendment 84-01AA to consider whether an outdoor amphitheater should be a prohibited or permitted use and set a public hearing for September 12, 1995. Mayor Higginson noted that testimony would be taken on whether or not the City Council should hold a public hearing on September 12, 1995 as recommended by staff. Speaking in favor of a public hearing: Doris Lewis, 13441 St. Andrews, representing Poway High School's Associated Student Body Hugh Largey, 11721Pickford Road, San Diego Wesley Danskin, 11706 Lake Grove, San Diego, representing Miramar Ranch North Planning Group Mathilda Varban, 13002 Neddick Avenue Bill Fay, 14464 Pebble Canyon Cecilia Chafin, 15485 Raptor Road Fred Pierson, Public Affairs Officer,Miramar Naval/Marine Corps Air Station Kathleen Muela, 13333 Racquet Court Fran Hjalmarson, 15125 Garden Road Vicki McMinn, P.O. Box 1089 Isabella Vanek, 14588 Scarboro Street Terence Linnihan, 11749 Ramsdell Court, San Diego Keli Chauz, 11423 Cypress Woods Drive, San Diego Peggy Collette, 13969 Bernadotte Lane Jan Selbert, 12545 Swan Canyon, San Diego Speaking in opposition to a public hearing: Mike Elling, 11374 Cypress Woods, San Diego Roger Willoughby, 13732 Fairgate Drive Myra McWethy, 11480 East Ridge Place, San Diego Gail Trunnell, 13314 Neddick Ellen Bernee, P.O. Box 823 Charles McLauchlan, P.O. Box 12 Councilmember Callery noted the City Council has been criticized by the public for not granting Bill Silva Presents' request to have more time before this item was on the agenda; however Mr. Silva placed a full page advertisement in the Poway News-Chieftain requesting the public attend this July 18th meeting. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 95-082 entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01AA)," to consider whether an outdoor amphitheater should be a prohibited or permitted use and set a public hearing for 5571 Page 4 - CITY OF POWAY - July 18, lgg5 September 12, 1995; and direct staff to complete necessary environmental review sufficient to permit the City Council to make a determination on that issue. Motion carried unanimously. ITEM 4 (203-21) POWAY ENTERTAINMENT CENTER PROJECT APPLICANT: BILL SILVA PRESENTS Motion by Mayor Higginson, seconded by Councilmember Emery to remove this item from calendar. Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:15 p.m. and called it back to order at 8:20 p.m. with all Councilmembers present. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Constance Griffin, 12655 Gate Drive, thanked the paramedics for their prompt response when called recently. She asked about "trash police" when Ordinance No. 448 is adopted and cited a friend in Massachusetts who was fined for putting a bottle in the wrong trash bag. Charles McLauchlan, P.O. Box 12, stated the City Attorney has a conflict of interest and should remove himself from any issues to do with South Poway. Peggy Collette, 13969 Bernadotte Lane, stated two bidders on the trash franchise offered lower rates than Mashburn's for the majority of residents and commercial accounts. Ellen Bernee, P.O. Box 823, stated Bill Silva Presents had their due process and should not complain. Jerry Hargarten, 13622 Orchard Gate, expressed dismay over the attacks on the three Councilmembers who had voted to have the Bill Silva amphitheater hearing at this meeting. Vicki Campbell, Assemblyman Jan Goldsmith's field representative, gave a legislative update. ADOOURNMENT Mayor Higginson adjourned the meeting at 8:50 p.m. on motion by Councilmember Cafagna and seconded by Councilmember Callery. He noted the regular meeting of 5572 Page 5 - CITY OF POWAY - July 18, 1995 July 25, 1995 has been cancelled by adoption of the 1995 Legislative Calendar and the next regular meeting would be held on August 1, 1995 at City Hall. Wahlsten, City Clerk City ~f I%way 5573