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CC 1995 12-12 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 12, 1995 The December 12, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Alan Fulmer 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 Director of Safety Services Sheriff's Captain Senior Management Analyst PLEDGE OF ALLEGIANCE Cub Scout Pack 627 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: Sarah Parsons, 12721 Clair Drive, stated the City Council should listen to the youth of Poway before approving any development since they will have to live with it throughout their lives. Mayor Higginson noted that she was referring to the Scripps Poway Parkway easterly extension. Richard Ludwig, 12720 Metate Lane, spoke regarding the creek on the library site and the Brookview site. Bill Barnick, 14645 Sunrise Canyon road, stated he has a complaint against 5683 Page 2 - CITY OF POWAY - December 12, 1995 staff and Esgil Corporation regarding the construction of his home. Mayor Higginson directed staff to not spend any more time on Mr. Barnick's complaints. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 10. Ratification of Warrant Register for period of November 20-24, 1995 (401-10) 12. Award of Bid for Dog Park Fencing Project at Poway Community Park to West Coast Air Conditioning, Inc. In the amount of $17,588. (602-01 #1119) 13. Approval of amendment to Agreement Relating to Public Improvements; Shea Homes; for work on south side of Metate Lane, increasing the amount of the agreement by $29,500. (602-01 #1079) 14 .* Approval of Final Map for Tentative Parcel Map 92-05; adoption of Resolution No. 95-129, entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance District No. 86-03B with the Annexation of TPM 92-05 by Written Consent of Property Owner,"; Paul Coleman, applicant, located on Oak Knoll Road approximately 500 feet west of Pomerado Road. (203-02) 14.1' Adoption of Resolution No. 95-125, entitled, "a Resolution of the city Council of the City of Poway Ordering the Vacation of a Sewer Easement Located within Lot 2 of Map 12553, Recorded in the Office of the County Recorder of San Diego County on February 6, 1990 (Vacation 95-04)," located on the south side of Footman Lane; Alan Royster, applicant. (1002-06) Motion carried 4-0 with Councilmember Callery absent. ITEM 4 (203-01) TENTATIVE TRACT MAP 95-01 APPLICANT: LEWIS & LEWIS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide 77 acres into eight rural residential lots at the south terminus of Blue Crystal Trail and Murel Trail. Speaking in opposition to staff recommendation: Tom Nodes, 3951 Calvary Road, stated the conditions on this map are different from the conditions placed on other maps in this area. He was required 5684 Pagd 3 - CITY OF PO~AY - December 12, 1995 to dedicate forty percent of his property when he subdivided and there is not that requirement on this map. Director of Planning Services Wright-Quastler stated that the Habitat Conservation Plan was not adopted when Mr. Nodes subdivided and this property owner has voluntarily joined the HCP which limits development to two acres per lot. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing, issue a mitigated Negative Declaration and adopt Planning Resolution No. P-MS-64, entitled, UA Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 95-01, Assessor's Parcel Number 321-270-54, 58, 59, & 63." Motion carried 4-0 with Councilmember Callery absent. ITEM 5 (401-30) 1996-97 ALLOCATION OF CDBG FUNDS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City of Poway receives an annual allocation of Community Development Block Grant (CDBG) funds. Staff proposes allocation of $236,780 in 22nd year funding to: affordable housing assistance ($14,218); housing rehabilitation {$120,000); street access ramps {$45,062); completion of lgth year ADA improvements {$50,000); and City Hall ADA signage ($7,500). There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing, allocate funds as recommended by staff, and authorize the City Manager to execute contracts with the County of San Diego for management and implementation of the projects. Motion carried 4-0 with Councilmember Callery absent. ITEM 6 (401-22) PARKLAND DEDICATION IN-LIEU FEES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City Council annually determines fees collected for the development of park and recreation facilities in-lieu of dedication of parkland. The formula includes the estimated cost of parkland improvements, current population and average population per dwelling unit. Staff proposes an increase from $2,560 to $2,680 for single family detached dwelling units, from $2,010 to $2,110 for multiple family dwelling units, and from $1,820 to $1,900 for mobile homes located within a mobile home park. 5685 Page 4 - CITY OF POWAY - December ]2, ]995 Speaking in opposition to staff recommendation: Jack Monger, 6336 Greenwich Drive, San Diego, representing the Building Industry Association of San Diego. He asked how development costs could have increased when the price of land has decreased. Director of Community Services Thomas stated that development costs for this formula do not include land costs. It includes the cost of equipment, irrigation systems, etc. for a park. Councilmember Cafagna stated he can't support an increase in any fee because of the reduction in the housing market. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 95- 126, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing In-Lieu Fees for Parkland Dedication Calendar Year 1996." Motion carried 3-1 with Councilmember Callery absent and Councilmember Cafagna voting "no." ITEM 7 (704-10) DECLARING PUBLIC NUISANCE 15224 JENNEL STREET Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The property at 15224 Jennel Street has weeds, debris and an abandoned house which constitute a public nuisance and a threat to public health, safety, and welfare. Staff has been unable to contact the property owners who live in the Los Angeles area and recommends that the City Council declare this property a public nuisance so that the City can have the nuisance abated and bill the cost to the property owner, Jose and Margarette De Anda. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 95-126, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Property at 15224 Jennel Street a Public Nuisance, Ordering the Removal of all Weeds, Trash, and Debris." Motion carried 4-0 with Councilmember Callery absent 'ITEM 8 (203-14) DEVELOPMENT REVIEW 95-14 APPLICANT: SCHWAN'S SALES ENTERPRISES Staff report by City Manager Bowersox. This is a request to construct a 8,960 square foot industrial building on Lot 25 of the Pomerado Business Park for a regional distribution center for various frozen food items Staff recommends approval. ' 5686 Page 5 - CITY OF POWAY - December 12, 1995 Speaking in favor of staff recommendation: Randy Fox, 115 West College Drive, Schwan's Sales. Marshall, Minnesota, representing Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Planning Resolution No. P-95-65, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 95-14, Assessor's Parcel Number 317-273-20." Motion carried 4-0 with Councilmember Callery absent. ITEM 9 (203-21) SPECIFIC PLAN AMENDMENT 89-04B INITIATION LUBE AND OIL CHANGE IN CREEKSIDE PLAZA Staff report by City Manager Bowersox. This is a request to allow consideration of a minute lube and oil change use on Lot 7 of Creekside Plaza, which is west of the Edwards Cinema. Staff recommends approval. Councilmember Rexford stated this use is not compatible with the Center. Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution No. 95- 128, entitled, "A Resolution of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of an Amendment to the Creekside Plaza Specific Plan {SPA 89-04B)." Motion carried 3-1 with Councilmember Callery absent and Councilmember Rexford voting "no." MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Emery requested the material he submitted last year regarding gun control be placed on the agenda on December 19, 1995 under his item. 20. Councilmember Rexford presented a Resolution of the MARCH Coalition (Move Against Relocating Choppers Here) supporting the relocation of helicopters from Marine Corps Air Station Tustin to March Air Force Base, Riverside and requested she be authorized to sign it on behalf of the City. Motion by Councilmember Emery, seconded by Councilmember Cafagna to so authorize Councilmember Rexford. Motion carried 4-0 with Councilmember Callery absent. Margo Wolf, 17790 Valle Verde Road, representing the Green Valley Civic Association, stated that Congressman Duke Cunningham will be at GVCA's January 18, 1996 meeting to discuss this issue. Laurence Leyking, 14150 Arbolitos Drive, summarized a letter he had sent to the Navy protesting the relocation of the Marine helicopters to Miramar Airbase. 5687 Page 6 - CITY OF POWAY - December 12, 1995 Upon motion by Councilmember Emery, seconded by Councilmember Rexford, Mayor Higginson ordered the meeting adjourned to December 14, 1995 at 7:00 p.m. in the Poway Community Center, 13094 Bowron Road, Poway, California. The time of adjournment was 7:45 p.m. Marjorie ~(. Wahlsten, City Clerk City of POway 5688 NO T/CE NOTICE IS HEREBY GIVEN THAT THE DECEMBER 12, 1995, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Rexford, Mayor Higginson ordered the meeting adjourned to December 14, 1994 at 7:00 p.m. in the Poway Community Center, 13094 Bowron Road, Poway, California. The time of adjournment was 7:45 p.m. Dated: December 13, 1995 Marjorie 6. Wahlsten, City Clerk City of Poway, California CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 4:30 p.m Dated at Poway, California, on December 13, 1995 Marjorie\~K. Wahlsten, City Clerk City of~oway, California