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CC 1995 09-12 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEHBER 12, 1995 The September 12, 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 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 Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Steve Streeter Steve Blackwood Penny Riley City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Principal Planner Sheriff's Lieutenant Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson stated Public Oral Communications would be trailed until later in the meeting. CONSENT CALENDAR Motion by Councilmember Callery, Consent Calendar, as follows: 6. seconded by Mayor Higginson to Approval of Minutes - City Council August 8, 1995, Regular Meeting Ratification of Warrant Register for period of August 21-25, 1995 approve the (401-10) 5623 Page 2 - CITY OF POWAY - September 12, 1995 8.1 Adoption of Resolution No. 95-102, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Memorandum of Understanding between the City of Poway and the Poway Firefighters' Association Representing the Safety Employees and Rescinding Resolution Nos. 92-003 and 93-169." (Confirming action taken in closed session September 5, 1995, Item 26B) (901-02) 8.2 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. The amendment will enable the County to reimburse the City an additional total of $154,250 in Twenty-First-Year CDBG funding for the completion of housing rehabilitation projects for low and very-low income Poway residents. (Originally approved on September 5, 1995, Item 21. Revisions were requested by County of San Diego.) (602-01 #979) Motion carried unanimously. ITEM 4 (203-21) SPECIFIC PLAN AMENDMENT 84-01AA PROHIBITING OUTDOOR AMPHITHEATERS Councilmember Callery announced she has a potential conflict of interest and left the meeting. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. As the City Council knows, Bill Silva has withdrawn his applications for an amphitheater in South Poway, however, staff is recommending an amendment to the South PowaySpecific Plan that would prohibit outdoor amphitheaters. This recommendation comes as a result of staff's research in connection with the Bill Silva Presents application. Some Councilmembers visited other amphitheaters in California; members of the public submitted information; and consultants conducted studies which showed there would be sound problems. In addition, other property owners in the South Poway Business Park expressed concerns about the impact of an amphitheater on the marketability of the business park. As a result, staff is recommending that the South Poway Specific Plan be amended to prohibit outdoor amphitheaters. Speaking in opposition to staff recommendation: Teresa Clark, President of the Poway Chamber of Commerce, stated projects should be considered on their merits and not be prohibited up front. Fred Day, Executive Director of the Chamber of Commerce, stated the City Council should not change the master plan of the business park. Gaylene Keiper, 13314 Buena Vista Doris Lewis, 13441 St. Andrews Place, Commissioner of Activities, Poway High School 5624 Page 3 - CITY OF POWAY - September 12, 1995 Speaking in favor of staff recommendation: Joyce Romero, 13614 Fairgate Bea Reuel, 13710 Paseo Bonita Dan Parks, 13688 Comuna Drive, President of Country View Condo Association and a business operator in the South Poway Business Park Carl Bair, business address of 12625 Danielson Court in the South Poway Business Park, and resident of Scripps Ranch John Monsees, 12525 Birch Bluff Court, San Diego, co-founder of Citizens Against the Poway Amphitheater Wes Danskin, 11706 Lake Grove Court, San Diego, Miramar Ranch North Planning Group Gil Olson, 13409 Midland Road Constance Griffin, 12655 Gate Drive Randy Wilkins, 14617 Acton Court Mark Sorenson, 10785 Loire Avenue, San Diego, Scripps Ranch Civic Association Peggy Collette, 13969 Bernadotte Lane, asked when Bill Silva's proposal had first come forward Hugh Largey, 11721Pickford Road, San Diego Sonia Wilson, 11029 Caminito Alegra, San Diego Bill Fay, 14464 Pebble Canyon, gave a report on sound impacts Kay Rickles, 13725 Utopia Bill Rickles, 13725 Utopia, President of Southwest Poway Homeowners Association Eve Pearce, 14625 Fairburn Street Roger Willoughby, 13732 Fairgate Drive Kathie Muela, 13333 Racquet Court Dorothea Hover, 15373 Skyridge Road Ellen Bernee, P.O. Box 823 Gail Trunnell, 13314 Neddick Avenue, asked what Councilmember Callery's conflict of interest is Jan Selberg, 12545 Swan Canyon Court, San Diego, suggested all amphitheaters should be eliminated Fred Piersen, Community Planning Liaison, Miramar Naval Air Station Jim Seifert, 16344 Martincoit Road, read a statement from Jerry Hargarten, President of the Green Valley Civic Association Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing. Motion carried 4-0 with Councilmember Callery out of the room. RECESS AND CALL TO ORDER Mayor Higginson called for a recess at 8:45 p.m. and called the meeting back to order at 8:55 p.m. with all Councilmembers present except Councilmember Callery. Mayor Higginson stated he has received more correspondence on this issue than any other since he's been on the Council. The one common denominator stated in all the public input is that this is a great and unique community. 5625 Page 4 - CITY OF PWOAY - September 12, 1995 In response to query from Mayor Higginson, City Manager Bowersox stated that if the Bill Silva Presents application had been completed and brought to the City Council, he would have recommended denial. Councilmember Emery stated that, like a lot of people, when he first heard about the amphitheater he was intrigued, but it was the research that was done that showed it probably wouldn't be a good thing for the community. He rebutted a statement made by one of the speakers that Poway is having an identity crisis and stated that Poway's identity is very clear and has been since incorporation. Councilmember Rexford stated she had done her homework regarding amphitheaters by visiting the ones in Mountain View and Costa Mesa and learned the problems they had that could not be eliminated. She cited the need for a healing in the community. Councilmember Cafagna stated he spends 20-30 hours a week on City business and a good deal of that time is spent selling the community and meeting with people who want to propose a project in the City. He stated he had first met Bill Silva in September, 1994 when he met with his consultants and staff to discuss his proposal and the process that needed to be followed. This same type of meeting is held with many developers and they are all told the same thing, "You have to get certain things approved and here are the risks." The proper process was followed in bringing this forward. He pointed out that the "City in the Country" does not apply when you go up the hill into the Business Park. That is big business and its viability is important to the economic health of the City. Motion by Councilmember Emery, seconded by Councilmember Rexford to issue a Negative Declaration and adopt Resolution No. 95-103, entitled, "A Resolution of the City Council of the City of Poway, California Approving South Poway Specific Plan Amendment (SPA 84-01AA)." Motion carried 4-0 with Councilmember Callery abstaining. ITEM 5 (402-05) GRADING AND SUBDIVISION FEES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The fees charged by the Engineering Services Department for engineering, plan check, and inspection costs associated with land development have been revised and staff recommends adoption. 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. 95-104, entitled, "A Resolution of the City Council of the City of Poway Amending the Fee Schedule for Grading and Subdivision Activities of the Engineering Services Department and Rescinding Resolution No. 95-006." Motion carried 4-0 with Councilmember Callery absent. 5626 Page 5 - CITY OF POWAY - September 12, I995 PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Vicki Campbell, 12307 Oak Knoll Road, aide to Assemblyman Goldsmith, gave the City Council a legislative update. Gil Olson, 13409 Midland Road, stated he is in support of a community college in Poway. Timothy Kennedy, 13667 Powers Road, stated he had attended a community meeting where the Federal Emergency Management Administration (FEMA) discussed their proposed mapping of the Pomerado Creek that will place many of their homes in a floodplain and require them to have flood insurance. Although FEMA stated they had started the study in 1992, he purchased his home in 1993 and there was not disclosure that this was being done. He asked the City Council for some help. City Manager Bowersox stated that another meeting with the residents will be held on Wednesday, September 20 at Pomerado School. Staff will give the City Council a status report on September 26. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:10 p.m. on motion by Councilmember Cafagna, seconded by Councilmember Emery. Marjorie~K. Wahlsten, City Clerk City of Pbway 5627