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:
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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)
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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
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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.
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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
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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
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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.
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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."
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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