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CC 1995 09-05 CITY OF POgAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1995 The September 5, 1995, 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 Poway Community Center, 13094 Bowron Road, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILMEHBERS ABSENT AT ROLL CALL Susan Callery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Warren Shafer Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Steve Blackwood Steve Streeter Marijo Van Dyke Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Redevelopment Service Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Sheriff's Lieutenant Principal Planner Associate Planner Senior Management Analyst PLEDGE OF ALLEGIANCE Councilmember Emery 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: Bill Barnick, 14645 Sunrise Canyon Road, suggested the current City Hall be converted into a Sheriff's substation and a new City Hall be added to the library site along with a Palomar College campus. Peggy Collette, 13969 Bernadotte Lane, stated the Registrar's Office told her the Escondido Times-Advocate and San Dieqo Union-Tribune are adjudicated of general circulation and asked if she can publish legal notices in one of those papers rather than the Poway News-Chieftain. City Attorney Eckis stated the City is required to use the C_hieftain, but he would meet with her to determine what type of notice she is referring to. 5613 Page 2 - CITY OF POWAY - September 5, 1995 Gil Olson, 13409 Midland Road, reminded the City Council that the meeting regarding the amphitheater is next week and stated the "silent majority" is not silent nor a majority. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 16. Ratification of Warrant Registers for periods of August 7-11, August 14- 18, 1995. (401-10) 17. Approval of City's Investment Report for period ending July 31, 1995. (408-01) 18. Approval of Grigsby, Brandford as underwriter for the issuance of 1995 water revenue bonds for Water Treatment Plant improvement financing. (1601-02) 19. Denial of claim - Lupe Van Roy. (704-13) 20. Designation of Mayor as voting delegate for League of California Cities Annual Conference, October 22-24, 1995. {1503-22} 21. Approval of first amendment to agreement between the City of Poway and the County of San Diego for Management and Implementation of CDBG funded housing rehabilitation program to enable the County to reimburse the City an additional total of $154,250. (602-01 #979) 22. Acceptance of final report from Darnell & Associates for traffic signal timing project funded by Congestion Management and Air Quality grant. (602-01 #1039) 23. Adoption of Resolution No. P-95-50, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-57," for all the Poway Days events, September 16 through October 1, 1995. (203-07) 24. Adoption of Resolution No. P-95-51, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-59," Rancho Cycling Club, applicant, for a bicycle race to be held in the South Poway Business Park on September 10, 1995. (203-07) 24.1 Approval of the following positions on pending legislation: support AB 700 which would add paragliding and mountain biking to the definition of hazardous recreational activities for which local governments receive limited liability protection; and oppose AB 94XX which will require cities to help fund Local Agency Formation Commissions. (701-11) 5614 Page 3 - CITY OF POWAY - September 5, 1995 Motion carried 4-0 with Councilmember Callery absent. ITEM 4 (704-10) PUBLIC NUISANCE/13136 RIDGEDALE DRIVE City Manager Bowersox stated that most of the materials have been removed from the yard at 13136 Ridgedale Drive and the property owner has committed to completing the cleanup. He recommended that this item be removed from the calendar. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to remove the item from the calendar. Motion carried 4-0 with Councilmember Callery absent. ITEM 5 (701-04) ORDINANCE NO. 451/SECOND READING SPEED LIMITS ON TIERRA BONITA ROAD Mayor Higginson read the title of Ordinance No. 451, "An Ordinance of the City of Poway, California, amending Section 10.32.209 and Section 10.32.020 of the Poway Municipal Code Reducing Speed Limits on Tierra Bonita Road from Twin Peaks Road to Belvedere Drive," to 35 MPH. He stated he had been absent from the first reading and would abstain from voting on this item. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further reading, close the public hearing and adopt Ordinance No. 451. Motion carried 3-0 with Councilmember Callery absent and Mayor Higginson abstaining on a roll call vote. ITEM 6 (701-04) ORDINANCE NO. 452/FIRST READING FLOOR AREA RATIO IN RS-7 ZONE Mayor Higginson read the title of Ordinance No. 452, "an Ordinance of the City of Poway, California, Amending Section 17.08.180 of the Poway Municipal Code to Establish a Floor Area Ratio for the Residential Single Family (RS-7) Zone, ZOA 95-02." City Manager Bowersox stated that staff needs to do some more research on this item and recommended continuance to October 10, 1995. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the first reading of Ordinance No. 452 to October 10, 1995. Motion carried 4-0 with Councilmember Callery absent. 5615 Page 4 - CITY OF POWAY - September 5, 1995 ITEM 7 (405-00) INDUSTRIAL DEVELOPMENT BOND AUTHORITY Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Redevelopment Services Sharer. Industrial Development Revenue Bonds are incentives available under a program authorized by Federal and State tax laws which provide preferential financing terms for industrial manufacturing projects that meet certain qualifying tests. The primary goal is to enable manufacturers to purchase land, buildings and capital equipment. The interest rate is often two percent below normal borrowing costs and a project may be financed for a long term. There are 175 cities and counties in California that presently have the authority to issue IDBs and if we are to stay competitive, we need all the tools available. Staff recommends Council take action to create the legal authority for the City to offer IDBs. In response to Council query, Director Sharer stated the City acts as a conduit for the financing, and has no responsibility in case of a default. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 95-101, entitled, "A Resolution of the City of Poway, California Approving, Authorizing and Directing Execution of an Amended and Restated Joint Exercise of Powers Agreement." Motion carried 4-0 with Councilmember Callery absent. Mayor Higginson read the title of Ordinance No. 453, "An Ordinance of the City of Poway, California, Declaring a Need for the Industrial Development Authority of the City of Poway." Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further reading and set second reading for September 19, 1995. Motion carried 4-0 with Councilmember Callery absent. ITEM 8 (701-04) ORDINANCE NO. 449/SECOND READING ITEM 9 (701-04) ORDINANCE NO. 450/SECOND READING City Attorney Eckis stated these two items will be trailed until after Item 15.1. ITEM 10 (705-13) HIGH VALLEY ROAD DESIGN Staff report by City Manager Bowersox. On August 1, 1995, Elvira Walker spoke regarding her concerns about the proposed improvements to High Valley Road. Staff has assured Mrs. Walker that the options will be discussed with her before the City Council takes final action. Staff recommends this report be received and filed. 5616 Page 5 - CITY OF POWAY - September 5, 1995 Speaking in opposition to staff recommendation: Elvira Walker, 14830 High Valley Road, stated she is still concerned and does not feel the impacts on the residents were considered in the design. Council concurred to receive and file the report and directed staff to continue to be in contact with Mrs. Walker. ITEM 11 (1601-10R) POINSETTIA SENIOR MOBILE HOME PARK Staff report by City Manager Bowersox. At the August 3, 1995 City Council workshop, Councilmember Emery asked about filling the vacant spaces at Poinsettia Senior Mobile Home Park with City-owned rental coaches. This concept was discussed at several Housing Commission meetings, however, they did not make a recommendation to the City Council. This park has always been an owner-occupied park and some residents have expressed serious concern about changing to rental units. Staff recommends, and City Council concurred, that the report be received and filed. ITEM 12 (1180-05) COMMUNITY CONTRIBUTION REQUEST OLDER ADULT SERVICES/PUSD Staff report by City Manager Bowersox. The City has received a request from the Poway Unified School District's Older Adult Services and Information Systems Coordinator requesting a donation of $700 to fund a one-time training program and supplies for the OASIS program. Staff recommends approval. Speaking in favor of staff recommendation: Phyllis Comer, 16523 Roca, San Diego Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve a $700 community contribution to fund supplies and volunteer training for the OASIS program. Motion carried 4-0 with Councilmember Callery absent. ITEM 14 (701-09) LIBRARY ADVISORY COMMITTEE REQUEST FOR ADDITIONAL HOURS Staff report by City Manager Bowersox. The Library Advisory Committee has requested that the City fund an additional 10 hours a week of operation at the Poway Library from the $100,000 placed in the 1995-96 budget as start up costs for the new library. San Diego County library staff has estimated the cost at approximately $26,000 a year. Poway Library is currently open more hours than 5617 Page 6 - CITY OF POWA¥ - September 5, 1995 other libraries in San Diego. Staff recommends this request not be approved as the funding will be needed for increased operational costs of the new library. Speaking in opposition to staff recommendation: Kathy Shawl, 13239 Ann-O-Reno Lane, member of the Library Advisory Committee Bill Barnick, 14645 Sunrise Canyon Alison Farrin, 15134 Oak Canyon Jay Goldby, 13244 Aubrey Joye Davisson, 13733 Celestial Road, Library Advisory Committee Chair and President of the Friends of the Library Speakers stated that since the new library will not be open for three years, the money is available and, patrons will be lost to surrounding new branch libraries in the City of San Diego if we can't offer more services. Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Library Advisory Committee's request for an additional ten hours of operation per week at the Poway Library and directed staff to keep track of the usage by hour. Motion carried 4-0 with Councilmember Callery absent. ITEM 15 (203-10) MINOR DEVELOPMENT REVIEW 95-31 IGLESIA NI CRISTO MINI-PARK Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. On August 1, 1995 the City Council approved Minor Development Review 95-31 for Iglesia ni Cristo Church for construction of a neighborhood mini park. On August 22, several neighbors requested that the City Council reconsider the approval of the park, raising objections concerning possible noise and security problems. Council requested staff bring alternatives for additional public input. Staff held a neighborhood meeting and has 3 alternative locations to suggest, however they recommend the original site approved as the best location. An 8 foot "woodcrete" fence could be substituted for the 6 foot block wall, along with some "unfriendly" plantings that would discourage anyone trying to climb the walls into the neighbors' yard. Speaking in opposition: Jay Kawamoto, 12706 Robison Blvd., stated he does not want a park in his backyard Diane Kawamoto, 12706 Robison Blvd., stated they are already impacted by two busy streets and apartments and questioned the neighborhood committee process. Frances Kawamoto, 12706 Robison Blvd. Cathy Francis, 12724 Robison Blvd., stated the Committee process was not open to the whole neighborhood 5618 Page 7 - CITY OF POWAY - September 5, 1995 Cris Kruse, 13734 Utopia, read from the original tract map approval and stated the whole site is open space and none of it should be vacated. Mark Hawkins, 13352 Silver Lake Drive Richard Ludwig, 12720 Metate Lane Larry Cruse, 13734 Utopia Curtis Johnson, 13006 Via del Toro, stated he prefers compromise Plan 1 which moved the park away from his mother's home. Speaking in favor of the park in its original site: Roy Justice, 8764 Grass Valley Lane, Santee, member of the church and neighborhood committee Teresa Bertino, 13340 Silver Lake Drive Jeff Bertino, 13340 Silver Lake Drive William Dunbar, 12627 Orohaven Lane Alice Arnold, 12745 Elmpark Lane Ben Dela Paz, 13416 Utopia Road, pastor of the church Glenn Groth, 687 Riviera Court, Vista, architect for the church Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the park in the original location with the 8 foot wall, and directed staff to look at traffic improvements in the area. Motion carried 4-0 with Councilmember Callery absent. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:10 p.m. and called it back to order at 9:20 p.m. with all Councilmembers present except Councilmember Callery who was absent from the meeting and Councilmember Rexford who was out of the room. ITEM 15.2 (203-11) CHAMBER OF COMMERCE'S "SHOP POWAY" Staff report by City Manager Bowersox. The City Council approved a $23,285 budget for Visitor Enhancement Program for 1995-96 to be administered through the Chamber of Commerce. They have a "Shop Poway" program designed including a banner to be hung from light poles. They are requesting City crews hang the banners. Motion by Councilmember Emery, seconded by Councilmember Cafagna to authorize City crews to install the brackets and banners for the "Shop Poway" program. Motion carried 3-0 with Councilmember Callery absent and Councilmember Rexford out of the room. (Councilmember Rexford re-entered the meeting.) 5619 Page 8 - CITY OF POWAY - September 5, 1995 ITEM 15.1 (203-11) REQUEST FOR REHEARING SUBAREA HABITAT CONSERVATION PLAN Mayor Higginson stated, on recommendation of the City Attorney, he would conduct the meeting but abstain from discussion or voting on this item and Items 8 and g since he had been absent from the hearing on August 15, 1995. Staff report by City Manager Bowersox. On August 15, 1995 the City Council adopted the Poway Subarea Habitat Conservation Plan/Natural Community Conservation Plan, a General Plan Amendment incorporating the Subarea Plan into the General Plan by reference, a resolution authorizing the Mayor to sign the implementing agreement, and gave first reading to two ordinances which incorporate reference to the Subarea Plan into the Zoning and Grading Ordinances. Two requests for rehearing have been filed, one by Citizens for Private Property Rights and the other by Ed Malone. Staff recommends the City Council deny the requests since no new information is provided in those requests. Speaking in opposition to staff recommendation: Vicki McMinn, 18525 Deer Valley Estates Ed Malone, 17150 Old Coach Road Jack Gibson, P.O. Box 441, Santa Ysabel John Pavin, 13319 Stone Canyon Road Arthur Schmitz, 21141Sutherland Dam Road, Ramona Motion by Councilmember Emery, seconded by Councilmember Rexford to approve staff recommendation and deny the request for rehearing. Motion carried 3-0 with Councilmember Callery absent and Mayor Higginson abstaining. ITEM 8 (701-04) ORDINANCE NO. 44g/SECOND READING AMENDING GRADING ORDINANCE Mayor Higginson read the title of Ordinance No. 449, "An Ordinance of the City of Poway, California Amending Title 16 (Land Use Regulations Code) of the Poway Municipal Code Regarding Regulations and Permit for Grading, Clearing and Grubbing." Staff report by City Manager Bowersox. incorporating the provisions of the Ordinance. Staff recommends approval. This is second reading of the Ordinance Subarea Habitat Plan into the Grading Speaking in opposition to staff recommendation: Peggy Collette, 13969 Bernadotte Lane, stated this will prohibit any new horse stables in Poway. 5620 Page 9 - CITY OF POWAY - September 5, 1995 Jack Gibson, P.O. Box 441, Santa Ysabel Arthur Schmitz, 21141Sutherland Dam Road, Ramona John Pavin, 13319 Stone Canyon Road Zip Lucidi, 13260 Glen Circle Joe Diaz, 12820 Montauk Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing, waive further reading, and adopt Ordinance No. 449. Motion carried 3-0, with Councilmember Callery absent and Mayor Higginson abstaining, on a roll call vote. ITEM 9 (701-04) ORDINANCE NO. 450/SECOND READING AMENDING ZONING ORDINANCE Mayor Higginson read the title of Ordinance No. 450, "An Ordinance of the City of Poway, California Amending Certain Sections of Title 17 (Zoning Development Code) of the Poway Municipal Code, Zoning Ordinance Amendment ZOA 95-01)." Staff report by City Manager Bowersox. This is second reading of the Ordinance incorporating the provisions of the Subarea Habitat Plan into the Zoning Ordinance. Staff recommends approval. Speaking in opposition to staff recommendation: Arthur Schmitz, 21141Sutherland Dam Rod John Pavin, 13319 Stone Canyon Road Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing, waive further reading, and adopt Ordinance No. 450. Motion carried 3-0, with Councilmember Callery absent and Mayor Higginson abstaining, on a roll call vote. CITY ATTORNEY ITEMS 26. City Attorney Eckis requested the City Council hold 2 closed sessions: Conference with Legal Counsel - Existing Litigation -- §54956.9(a) Smith v. All Persons. San Diego Superior Court Case No. 667691 Conference with Labor Negotiator (§54957.6) Agency Negotiator: James Bowersox Employee Organization: Poway Firefighters Association City Attorney Eckis announced he had joined the City in an amicus brief for the City of Agoura Hills where a plaintiff is alleging the election official should exercise discretion in relation to recall petitioners. The defendants stated that strict compliance should be used. 5621 Page 10 - CITY OF POWAY - September 5, 1995 CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 10:25 p.m. CALL TO ORDER AND ANNOUNCEHENT OF ACTION Mayor Higginson called the meeting back to order at 11:15 p.m. and announced the City Council had approved a six year memorandum of understanding with the Poway Firefighters Association and this item will be on the September 12, 1995 agenda for confirmation. ADJOURNMENT Mayor Higginson adjourned the meeting at 11:18 p.m. on motion by Councilmember Emery, seconded by Councilmember Cafagna. Marjo~'ie~K. Wahlsten, City Clerk City b~P~way 5622