CC 1996 04-30 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 30, 1996
The April 30, lg96, regular meeting of the City Council of the City of
Poway, was called to order at 7:04 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Susan Callery, Bob Emery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Warren Shafer
Mark Sanchez
Alan Fulmer
Penny Riley
City Manager
City Clerk
Assistant City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
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:
Peggy Collette, 13969 Bernadotte Lane, presented material regarding
Ordinances to eliminate bribery and corruption and requested the City of Poway
adopt a similar Ordinance. (1170-04)
Gisela Koestner, 13252 Olive Meadows Drive, spoke regarding the timing of
traffic signals on Community Road south of Poway Road.
Geraldine Plum, 13837 Tam O'Shanter Court, requested assurance that only
a one-story home will be built on Lot 51 in Old Coach Estates which is behind her
home. The sale of her home is contingent on it. (203-01 #89-13)
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Mayor Higginson to approve the Consent
Calendar as follows:
Approval of Minutes - City Council
April 2, 1996, Regular Meeting
11. Ratification of Warrant Register for period of April 8-12, 1996.(401-10)
12. Approval of City's Investment Report for period ending March 31, 1996.
(408-01)
13.
Adoption of Resolution No. P-96-26, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
96-20," San Diego Bicycle Club, applicant, for a United States Cycling
Federation (USCF) sanctioned bicycle race on Saturday, June 8, 1996,
within the South Poway Business Park. (203-07)
14.
Remove from calendar the agreement with Environmental Development, Ltd.
For Parkland Dedication and In-Lieu Fee Credit for Old Coach Golf Estates,
Tentative Tract Map 89-13R and Development Agreement. (602-01 # 830)
14.1'
Approval of the following positions on pending Legislation: support SB
1668 which requires that the petition to recall a state or local elected
officer contain a notice of the term of office for the subject of the
recall; and oppose SB 1628 which would require every city and county to
adopt a "content neutral" ordinance regarding sexually-oriented businesses.
(701-11)
Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 4 (701-04)
ORDINANCE NO. 461/FIRST READING
LIGHTED TENNIS COURT STANDARDS
Mayor Higginson read the title of Ordinance No. 461, "An Ordinance of the City
of Poway, California, Amending Certain Sections of Title 17 {Zoning Development
Code) of the Poway Municipal Code ZOA 96-04" amending the standards for lighted
tennis courts within single-family residential and rural residential zones.
Staff report by City Manager Bowersox. Because of complaints by neighbors over
lighting of residential tennis courts, staff has proposed changes to the
standards to allow a maximum of eight high pressure sodium lights, at a maximum
of 1,000 watts of power, on poles a maximum of 18 feet in height.
There was no one present wishing to speak.
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Council asked about review of landscaping once it is installed. Director of
Planning Services Wright-Quastler stated that inspections will be made 6 months
after installation and then with the annual review of the conditional use permit.
Councilmember Rexford asked if we can require halide lights already installed
under the current standards to be changed to high pressure sodium when the new
standards are adopted. Director of Planning Services Wright-Quastler stated we
can request a change and cite lower operating costs, but we cannot require it.
Mayor Higginson noted that requests for lighted tennis courts will still be
approved on a case by case basis.
Motion by Councilmember Callery, seconded by Councilmember Rexford to waive
further reading and continue the public hearing to May 14, 1996 for second
reading. Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 96-02
APPLICANT: DAVID & JODY LUDVIGSON
Mayor Higginson opened the public hearing. This is a request to install lights
on a previously approved tennis court at 13633 Paseo de la Huerta. City Manager
Bowersox stated the applicant has requested this item be continued to May 21,
1996. Staff recommends approval.
Speaking in opposition to the application:
Lyle Arnold, 15638 Boulder Mountain Road, stated he will not be able to
attend the May 21, 1996 meeting, and wishes to speak in opposition to lighting
the tennis court. Currently, he can see twenty tennis courts from his home and
there is no way to screen them from his view since he is above them.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue
consideration of Minor Conditional Use Permit 96-02 to May 21, 1996. Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 96-03
APPLICANT: MARK WAGENSELLER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to install lights on a previously approved tennis
court at 14953 Huntington Gate Drive. It meets the standards proposed by
Ordinance No. 461 and staff recommends approval.
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Speaking in opposition to staff recommendation:
Lisa McAfee, 14018 Old Station Road
Cary Burch, 14064 Old Sation Road
Tom Shaw, 14055 Old Station Road
Maria Tobias, 14049 Old Station Road
David Tobias, 14049 Old Station Road
Speakers cited the height of the pad and closeness to existing homes in their
opposition to the addition of lights.
Council requested staff look at the pad to ensure that it is in compliance with
the grading plan and stated they could not make findings that the project would
not have an impact on adjoining properties, nor that there will not be
significant harmful effects upon environmental quality.
Motion by Councilmember Emery, seconded by Councilmember Callery to deny Minor
Conditional Use Permit 96-03. Motion carried 4-0 with Councilmember Cafagna
absent.
Mark Wagenseller stated that the pad level has not changed on his lot. He
believes the neighbors are looking at Lot 59.
ITEM 7 (203-08)
CONDITIONAL USE PERMIT 83-01 REVOCATION
IGLESIA NI CRISTO (CHURCH OF CHRIST)
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City granted a Conditional Use Permit for a church on
residentially zones property at 12730 Elm Park Lane. The church has not
completed the original or interim conditions of approval for Conditional Use
Permit 83-01 and staff has received a letter from their legal counsel stating
their intention to abandon the site. Staff recommends revocation of the
Conditional Use Permit.
Speaking in opposition to staff recommendation:
David Clyde, 10676 N. Lighthouse, Fresno, representing the church, stated
they do want to stay on the site and will build the required mini-park if the
City Council would approve a 400 seat chapel. He stated if they do have to
vacate, sixty days proposed by staff is not sufficient and they would need at
least one year.
Arthur Gamo, 1617 Southgate, Daly City, also representing the church,
stated they have spent $100,000 improving this property and feel they are victims
of lies. He stated sixty days to vacate is unreasonable since they don't have
another location.
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Speaking in favor of staff recommendation:
Mark Hawkins, 13352 Silver Lake, stated the neighbors had tried to work
with the church to get the park built, but their efforts were not successful.
He requested that they not be allowed to fence off the property when they vacate;
that the building be demolished; that a new owner be required to build a mini
park; and that the City establish a trust fund for a park.
Mayor Higginson stated that he feels this City has bent over backwards to work
with churches. This church has never met the conditions that were placed on it
in 1983 and every attempt was made to work with them and the neighbors. He
stated a year to vacate the property is too long, but could support 90 or 180
days.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-96-27, entitled, "A Resolution
of the City Council of the City of Poway, California Revoking Conditional Use
Permit 83-01, Assessor's Parcel Number 317-640-52," with a change to require them
to cease use of the property in 6 months. Motion carried 4-0 with Councilmember
Cafagna absent.
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 94-14
APPLICANT: HARRY ROGERS
Mayor Higginson opened the public hearing. This is an annual review of
compliance by Poway Valley Stock Farm of their Conditional Use Permit. City
Manager Bowersox stated the applicant has requested a continuance to May 14,
1996. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue
consideration of Conditional Use Permit 94-14 to May 14, 1996. Motion carried
4-0 with Councilmember Cafagna absent.
ITEM 8.1 (1180-08)
COMMUNITY SURVEY RESULTS
Staff report by City Manager Bowersox. The City Council approved a draft
community survey in October, 1995. SANDAG mailed to all households in the City
and compiled the results. There was a 37% return which is the same as the 1988
survey. He reviewed the results with the Council. Council concurred there were
no surprises in the results and it gives the City direction for the future.
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ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:40 p.m.
Marjorie ~. Wahlsten, City Clerk
city o~y
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