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CC 1996 05-14 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING HAY 14, lgg6 The May 14, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILHEHBERS 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 Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Jim Nessel Jim Lyon Alan Fulmer David Narevsky Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Senior Planner Assistant Planner Sheriff's Captain Redevelopment Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PROCLAMATIONS Mayor Higginson proclaimed May 19-25, 1996 both as "Emergency Medical Services Week" and presented a proclamation to Director of Safety Services Sanchez; and "Public Services Week" and presented a proclamation to Director of Public Services Williams. PRESENTATION Mayor Higginson stated that the City is contributing $500 to Abraxas High School for their Grad Nite. There was no one present to accept. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: 5802 Page 2 - CITY OF POWAY - May 14, 1996 Mrs. Meigel, 14003 Rose Court, stated that skateboarders are using her cul- de-sac in the Poinsettia Mobile Home Park to ride their skateboards and asked that it be stopped. The City Council referred this issue to the Housing Commission. Sylvia Nicpon, 13325 Buena Vista, stated that because of neighbors' complaints of noise from the mini park in the Poway Royal Mobile home Park, the park is being closed at sundown in accordance with Poway Municipal Code Section 9.48.190 regarding City parks. She asked that not all the residents be punished because of a few wrong doers. The City Council referred this to the Housing Commission. Peggy Collette, 13969 Bernadotte Lane, read a letter from Constance Griffin, 12655 Gate Drive, regarding the need for more parking at Edwards Theaters in Creekside Plaza and suggesting the lot to the west be made a parking lot. Vicki Campbell, field representative for Assemblymember Goldsmith, gave a legislative update. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna, to adopt the Consent Calendar, as follows: 18. Approval of Minutes - City Council April 16, 1996, Regular Meeting 20. Ratification of Warrant Register for period of April 22-26, 1996. (401-10) 21. Receive and file Community Swim Center Quarterly Report. (1401-01) 22. Adopt Resolution No. P-96-30, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 96-28," Poway Chamber of Commerce, applicant, for a Street Fair on Sunday, May 26, 1996, from 10:00 a.m. to 4:00 p.m., on Midland Road between Adrian and Edgemoor Roads in Old Poway Area. (203-07) 23. Receive and file Phase One Mobile Home Park Study prepared by Community Services Group, Inc. and PMW Associates and direct the Housing Commission to report back on the actions taken regarding the recommendations. (1141-10R) 24. Acceptance of the Weingart Center Expansion Project from Randazzo Construction. (602-01 #224R) 24.1 Approval of Agreement with U. S. Public Technologies, Inc. for red light photo citation system (referred from January 30, 1996, Item 8) (602-01 #1146) 5803 Page 3 - CITY OF POWAY - May 14, 1996 24.2 Approval of the following positions on pending legislation: support SCA 36 which deals with the direct effect that the Santa Clara/Guardino decision had on county wide transportation taxes and taxation authority in general; and support AB 3125 which allows cities to incorporate their actual housing programs into the housing element. (701-11) 24.3 Award of bid for 1996-97 Crack Seal Program to Rubberized Crackfiller Sealant, Inc. in the amount of $25,427.98. (602-01 #1145) Motion carried unanimously. Councilmember Callery asked if the recommendations from the Mobile Home Park Study are going to be implemented. Director of Redevelopment Services Shafer stated that the Housing Commission is going through them. ITEM 15 (203-21) WET 'N WILD WATER PARK SCOPING HEARING Mayor Higginson stated that Item 15 will be taken out of order. City Manager Bowersox stated that tonight was noticed for a scoping hearing on a draft Environmental Impact Report for the proposed Wet 'n Wild Water Project, however, yesterday staff received two letters from Wet 'n Wild that raise issues not contemplated when the public hearing was noticed, including a list of commercial uses and the uncertainty as to whether they will proceed with the Project. Staff recommends this item be pulled from the calendar until these issues are resolved. Motion by Councilmember Cafagna, seconded by Councilmember Callery to remove this item from the calendar. Motion carried unanimously. CITY ATTORNEY ITEMS 26. Mayor Higginson stated this item will be taken out of order because Deputy City Attorney Lynn McDougal, trial counsel in this case, is present. He adjourned the meeting into closed session at 7:27 p.m. to confer with legal counsel regarding existing litigation, City of Poway v. Pallas Sprague, Superior Court #687125-1. CALL TO ORDER Mayor Higginson called the Councilmembers present. meeting back to order at 8:02 p.m. with all 58O4 Page 4 - CITY OF POWAY - May 14, 1996 ITEM 5 (701-04) ORDINANCE NO. 461/SECOND READING LIGHTED TENNIS COURT STANDARDS Mayor Higginson read the title of Ordinance No. 461, "An Ordinance of the City of Poway, California, Amending Title 17 (Zoning Development Code) of the Poway Municipal Code, Zoning Ordinance Amendment, ZOA 96-04." Speaking in opposition to staff recommendation: Pam Cook, 13636 Paseo de la Huerta, suggested that mesh wind screening be required the entire circumference of the court; that trees be required at the short ends, and that lights be required to be turned off at 9 p.m. City Manager Bowersox noted that this Ordinance just gives a person the right to apply and does not assure the approval. Director of Planning Services Wright- Quastler stated that conditions can be site specific. Motion by Councilmember Callery, seconded by Councilmember Emery to waive further reading, close the public hearing and adopt Ordinance No. 461. Motion carried unanimously on a roll call vote. ITEM 6 (203-08) CONDITIONAL USE PERMIT 94-14 ANNUAL REVIEW/POWAY VALLEY STOCK FARM Staff report by City Manager Bowersox. This is an annual review of Conditional Use Permit 94-14 for the operation of a horse boarding facility known as Poway Valley Stock Farm, at 14433 Tierra Bonita Road. It was set for hearing by the City Council because the permit was not in compliance with the conditions of approval and complaints have been received. The operator has corrected electrical problems, obtained required building permits, removed the manure, removed the drain line to the creek from the wash down rack, and installed a disabled-accessible portable toilet. There are additional items that need to be completed and staff recommends connection to the public sewer system in Ezra Lane since the operator states the septic system cannot be enlarged. Speaking in opposition to staff recommendation: Elaine Rhine Hamilton, 2754 Victoria Avenue, Carlsbad Speaking in favor of staff recommendation: Robert Coates, 14341 York Avenue Ann Laux, 12710 Roca Grande Drive Harry Rodgers, 14433 Tierra Bonita Road, requested that the sewer requirement be dropped. If it cannot be dropped, that it be deferred until the City does their water main extension in Tierra Bonita. 5805 Page 5 - CITY OF POWAY - May 14, 1996 Director of Planning Services Wright-Quastler stated that state law requires handicapped restrooms in all commercial facilities and this requirement is being enforced uniformly. It was a requirement of the original approval and portables were allowed as an interim measure. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution P-96-31, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 94-14, Assessor's Parcel Number 321-190-05," as amended to require perimeter fencing; change date for sewer to February 28, 1998, and septic to February 28, 1997; and not allow any more horses to be moved on to the property until outstanding issues are corrected. Motion carried unanimously. ITEM 7 (203-02) TENTATIVE PARCEL MAP 95-01 APPLICANT: DAVID BARKIN Staff report by City Manager Bowersox. This is a request to subdivide 26 acres into four residential lots at the southeast terminus of Blue Crystal Trail. Staff recommends approval. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-96-32, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 95-01, Assessor's Parcel Number 321-161-01." Motion carried unanimously. ITEM 7.1 (203-11) GENERAL PLAN AMENDMENT 96-02 SPECIFIC PLAN 95-01/POWAY ROAD Mayor Higginson read the titles of Ordinance No. 463, "An Ordinance of the City of Poway, California Amending Title 17 of the Poway Municipal Code to Create Four New Commercial Zones, Delete the Manufacturing Service and Commercial Community Zones, Incorporate Design Standards from the Poway Road Specific Plan, and Make Various Administrative Changes (ZOA 96-02)"; Ordinance No. 464, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Properties (ZC 96-02)"; and Ordinance No. 465, "An Ordinance of the City of Poway, California changing the Zoning Classification of Certain Property (ZC 96- 03)." City Manager Bowersox introduced the item and stated the property at the southerly terminus of Silver Lake Drive will be referred to in the interim as the "Silver Lake Archeological Site," rather than "the rockpile." A more dignified name was requested by the representatives of the Kumeyaay Indians and they will 5806 Page 6 - CITY OF POWAY - May 14, 1996 be invited to submit a suitable name. Director of Planning Services Wright-Quastler reviewed the changes and clarifications requested by the Council on May 7, 1996. 1) The proposal for residential only development has been deleted. 2) There are currently 405 acres where mixed use could be approved. The proposed plan has 352 acres which is reduction of 53 acres. 3) The Use Matrix has been changed to require Conditional Use Permits for liquor stores in all zones where they are allowed. Bars are prohibited in all zones. Various retail uses would be allowed by right, and supermarkets and movie theaters would be allowed by conditional use permit in the Automotive/General Commercial zone which accommodates K-Mart. Some automotive uses will be allowed by Minor Conditional Use Permit rather than conditional use permit. 4) Exhibits have been modified to indicate that "simulated wood shingles" are an appropriate roofing material. 5) Palm trees have been eliminated as a street tree and staff recommends Liquidambar be used. 6) A paragraph has been added regarding a feasibility study to evaluate alternative modes of transportation for linkage between Poway Road and nearby commercial and recreational facilities. 7) There is a prohibition of outdoor paging systems on commercial properties abutting residential properties. Staff recommends approval with the changes. Speaking in favor of staff recommendation: Eamon Kavanagh, 13243 Evanston Frank Goldsmith, 13027 Avenida la Valencia Linda Oravec, 13874 Midland Road, representing ADAPT Christopher Neils, 501W. Broadway, San Diego, representing K-Mart Merrilee Boyack, 14418 Crestwood Ron Enos, 16342 Martincoit, representing Green Valley Civic Association Kathi Muhlea, 13333 Racquet Court Speaking in opposition to staff recommendation: Peggy Collette, 13969 Bernadotte Bill Rickles, 13725 Utopia, representing the Southwest Poway Homeowners Association Motion by Mayor Higginson, seconded by Councilmember Cafagna, to close the public hearing, issue Negative Declarations for GPA 96-02C/ZC 96-03, and GPA 96- 02A&B/ZOA 96-02/ZC 96-02/SP 95-01; and adopt Resolution No. 96-037, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway (GPA 96-02A)"; Resolution No. 96-038, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway (GPA 96-02B)"; Resolution No. 96-039, entitled, "A Resolution of the City Council of the City of Poway, California adopting the Poway Road Specific Plan (SP 95-01)"; and Resolution No. 96-040, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Land Use Element of the General Plan of the City of Poway General Plan (GPA g6-02C)"' waive 58O7 Page 7 - CITY OF POWAY - May 14, 1996 further reading of Ordinances No. 463, 464, and 465 and set second reading for May 21, 1996. Motion carried unanimously. (Councilmember Rexford left the room.) ITEM 8 (203-02) TENTATIVE PARCEL MAP 89-12TE(3) APPLICANT: PAUL GRIMES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for the final one year time extension of a previously approved four lot map located at the easterly terminus of Orchard View Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-96-33, entitled, "A Resolution of the City Council of the City of Poway, California Approving TPM 89-12TE(3), Assessor's Parcel Numbers 321-031-18." Motion carried 4-0 with Councilmember Rexford out of the room. ITEM 9 (705-07) LANDSCAPE MAINTENANCE DISTRICT 83-1 ITEM 10 (705-09) LANDSCAPE MAINTENANCE DISTRICT 86-1 ITEM 11 (705-11) LANDSCAPE MAINTENANCE DISTRICT 86-2 ITEM 12 (705-12) LANDSCAPE MAINTENANCE DISTRICT 86-3 ITEM 13 (705-14) LANDSCAPE MAINTENANCE DISTRICT 87-1 Mayor Higginson opened the public hearings on the Landscape Maintenance Districts. Staff report by City Manager Bowersox. This is the first public hearing to allow public input for assessments to be collected during Fiscal Year 1996-97. They have not changed from 1995-96. Speaking in opposition to staff recommendation: Richard Ludwig, 12720 Metate Lane, stated the description on the agenda and the description on the notice posted in front of City Hall for LMD 83-1 is not the same and questioned whether it had been properly noticed. 5808 Page 8 - CITY OF POWAY - May 14, 1996 After looking at the notice in question, City Attorney Eckis stated that the notice posted is broader than the agenda description and meets the legal requirements. Linda Richardson, 13124 Tobiasson, representing owners of 185 acres in the Pomerado Business Park, protested the assessments for LMD 87-1 as proposed with different assessments for the three business parks in the South Poway Business Park. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the public hearing for each of these Landscape Maintenance Districts to June 18, 1996 for the second opportunity for public input. Motion carried unanimously. ITEM 14 (705-10) POWAY LIGHTING DISTRICT Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is the first public hearing to allow public input for assessments to be collected during Fiscal Year 1996-97 for the Lighting District. They have not changed from 1995-96. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the public hearing to June 18, 1996. Motion carried unanimously ITEM 16 (1503-02) REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM 1997-2003 Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The 1997-03 Regional Transportation Improvement Program is a seven- year program of proposed major highway, arterial, transit, bikeway, and aviation projects. SANDAG is required by state and federal law to develop and adopt a RTIP every two years. The City of Poway must amend the RTIP to assure proper funding availability. It is the City's desire that the RTIP Biennial Element be amended to reflect costs for Scripps Poway Parkway from Stowe Drive to SR 67. In addition, Poway will exchange the Surface Transportation Program funds for TRANSNET highway funds. CalTrans will use the STP funds to purchase right-of-way on SR 52. Poway will use the exchanged money to fund Scripps Poway Parkway. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 96-041, entitled, "A Resolution of the City Council of the City of Poway, California Adopting the Seven-Year Transnet Local Street and Road Program of Projects for Fiscal Years 1997 through 2003." 5809 Page 9 - CITY OF POWAY - May 14, 1996 Motion carried unanimously. ITEM 17 (1180-05) SECOND ANNUAL FAMILY DAY Staff report by City Manager Bowersox. For Parents' and Kids' Sake is requesting the City of Poway to co-sponsor its Second Annual Family Day at Lake Poway fund raising event and waive the parking fees, facilities fees, and fishing fees. Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve staff recommendation. Motion carried unanimously. ITEM 17.1 (203-24) REQUEST FOR REHEARING MINOR CONDITIONAL USE PERMIT 96-03 APPLICANT: MARK WAGENSELLER City Manager Bowersox stated we have received a request for a rehearing of Minor Conditional Use Permit 96-03 from Mark Wagenseller. This application for lighting a tennis court at 14953 Huntington Gate Drive was denied on April 30, 1996. Neighbors testifying at that hearing believed the tennis court would be on Lot 58 which is being graded. In fact, the subject lot is Lot 59. Staff recommends the rehearing be scheduled. Councilmembers stated it was clear to them which lot was being applied for. Motion by Councilmember Emery, seconded by Councilmember Rexford to deny the request for a rehearing. Motion carried 4-0. Councilmember Cafagna abstained since he was absent from the April 30, 1996 meeting. MAYOR AND CITY COUNCIL-INITIATED ITEMS 30. Councilmember Rexford stated her item regarding a transportation link between old Poway Park and Poway Road was discussed during the public hearing on the Poway Road Specific Plan, however she requested concurrence for staff to do a study of the cost. Council concurred and Councilmember Emery suggested TDA funds be used. ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to Thursday, May 16, 1996, 5:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:00 p.m. Marjorie~K. Wahlsten, City Clerk C i ty of~oway 5810 NO TICE NOTICE IS HEREBY GIVEN THAT THE MAY 14, 1996, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: May 15, 1996 ORDER OF ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to Thursday, May 16, 1996, 5:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:00 p.m. ~aCjorie, K. 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 9:00 a.m. Dated at Poway, California, on May 15, 1996 Marjo~'ie\K. Wahlsten, City Clerk City Qf Poway, California