CC 1996 05-21 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 21, 1996
The May 21, 1996, 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
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Steve Streeter
Alan Fulmer
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Cafagna, seconded by Councilmember Callery, to approve
the Consent Calendar as follows:
12.
Approval of Minutes - City Council
April 23, 1996, Regular Meeting
April 30, lggG, Regular Meeting
14. Ratification of Warrant Register for period of April 29-May 3, 1996.
(401-10)
15. Denial of Claim for Damages: Kevin Coots
(704-13)
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16.
17.
18.
19.
19.2
19.3
Adoption of Resolutions for November 5, 1996 General Municipal Election:
A) Resolution No. 96-045, entitled, "A Resolution of the City Council of
the City of Poway, California, Calling and Giving Notice of the Holding
of a General Municipal Election for the Election of Certain Officers as
Required by the Provisions of The Laws of the State of California Relating
to General Law Cities." B) Resolution No. 96-042, entitled, "A Resolution
of the City Council of the City of Poway, California, Requesting the Board
of Supervisors of San Diego County to Consolidate a General Municipal
Election to be held on November 5, 1996, with the Statewide General
Election to be held on that date pursuant to Section 23302 of the
Elections Code." C)Resolution No. 96-043, entitled, "A Resolution of the
City Council of the City of Poway, California, Authorizing Its Members to
File a Written Argument or Arguments Regarding City Measures and Directing
the City Attorney to Prepare an Impartial Analysis. (702-02)
Approval of renewal of contract for Fire Inspector Services with Jose
Olivas. (602-01 #1091)
Adoption of Resolution No. 96-044, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving a Three-year
Cooperation Agreement between the County of San Diego and the City of
Poway for the Administration of the Community Development Block Grant
(CDBG) Program," for 1997-98, 1998-99 and 1999-2000, the 23rd, 24th and
25th years. (602-01 #1149)
Approval of Amendment No. 2 to the Agreement Between the County of San
Diego and the City of Poway for Public Transportation Services, 1994-95
through 1996-97. (602-01 #35)
Adoption of Resolution No. P-96-34, entitled, "A Resolution of the City
Council of the City of Poway, California Rescinding Resolution No. P-96-27
and Revoking Conditional Use Permit 83-01, Assessor's Parcel Number 317-
640-52," Iglesia ni Cristo (Church of Christ), at 12730 Elm Park Lane.
(203-08)
Adoption of the following positions on pending legislation: support SB
1393, which makes appropriations for support of State government for the
1996-97 fiscal year; oppose AB 2640 which excludes the amount of any
gasoline taxes from the sales price of gasoline for the purposes of the
sales tax calculation; support AB 3229, which would allow taxpayers to
earmark part of their state personal income tax for local law enforcement
agencies; support AB 2739 which would make the two non-voting members of
the Tax Credit Allocation Committee full voting members; support AB 2385
which addresses joint and several liability; oppose SB 109 which would
require negotiated competitive bidding to retain any financial service,
including bond counsel. {701-11)
Motion carried unanimously.
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ITEM 4 (203-08)
CONDITIONAL USE PERMIT 96-01
APPLICANT: B.J.'S RENTALS
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. This is an existing use. The concrete mixing system
mixes on the way to the site. In order to decrease noise to the neighbors, they
have lined the hopper with rubber to deaden the sound and they have found a pre-
mixed sand and gravel mixture. Staff is recommending two more changes to
conditions that have not been distributed. Condition 5 on page 3 of the
Resolution be revised to read "to 5:00 p.m." and Condition 17 on page 4 be
revised to read, "In situations where the equipment or vehicle is too large to
fit into the building, The repair and maintenance work shall be completed in or
immediately adjacent to the outdoor paved wash pad area. Only equipment and
vehicles leased from the subject site shall be serviced on the property." Staff
recommends approval.
Speaking in favor of staff recommendation:
Brad Thomas, 13044 Poway Road, President of B. J.'s Rentals.
Todd Read, 10684 Rancho Carmel Drive, San Diego.
Mike Sandoval, 13044 Poway Road, Manager of the Poway location.
Fred Day, 13929 Olive Mesa Court, Executive Director of the Poway Chamber
of Commerce.
Council concurred that the conditions required in this CUP will mean a big
improvement on Poway Road, particularly with the landscaping.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution P-96-35, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Conditional Use
Permit g6-01, Assessor's Parcel Numbers 317-101-04," as amended by staff. Motion
carried unanimously.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 96-02
APPLICANTS: DAVID & OODY LUDVIGSON
City Manager Bowersox stated that the applicant is requesting continuance of this
item to Ou]y 9, 1996.
There was no one present wishing to speak.
Motion by Counci]member Cafagna, seconded by Counci]member Rexford, to continue
consideration of Minor Conditional Use Permit 96-02 to Ou]y 9, 1996. Motion
carried unanimous]y.
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ITEM 6 (701-04)
ORDINANCE NO. 462/SECOND READING
NONCONFORMING USES, STRUCTURES
Mayor Higginson read the title of Ordinance No. 462, "An Ordinance of the City
Council of the City of Poway Amending Chapter 17.44 of the Poway Municipal Code
Concerning Nonconforming Uses, Structures and Performance Standards (ZOA 96-03)."
City Manager Bowersox stated this Ordinance was developed in response to concerns
expressed when the Poway Road Specific Plan was discussed with property owners.
It will allow nonconforming commercial uses in commercial zones to expand or be
sold without losing their nonconforming status. Also, if the use is
discontinued, it would not lose its nonconforming status unless a conforming use
is established on the site. Staff recommends adoption.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Ordinance No. 462. Motion carried unanimously on a roll
call vote.
ITEM 7 (203-08)
CUP 96-08/DR 96-03
APPLICANT: JIFFY LUBE/ROBERT MEHALL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow an oil and lube business, plus additional
parking on the lot west of Edwards Theater, south of the entrance to the
Creekside Plaza. It will provide additional parking spaces which will be
available during peak movie-going times, and improvements to the drop-off area
in front of the Edwards Theaters. For the Town Center District, there is concern
that an auto-related use such as this be carefully sited so that it does not
detract from the shopping and entertainment environment which is being developed.
The proposed location is separate enough from the main center and the main
pedestrian flow that staff's opinion is that it is consistent with the goals of
the Poway Road Specific Plan. Staff recommends approval.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane
Richard Ludwig, 12720 Metate Lane
Speaking in favor of staff recommendation:
Robert Mehall, representing Jiffy Lube, 5540 Lake Murray Blvd., La Mesa
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Councilmember Callery asked if there was a sufficient buffer between this use and
Haley Ranch Estates. Director of Planning Services Wright-Quastler suggested a
condition be added prohibiting outside paging and radios.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing, issue a Negative Declaration with mitigation measures and adopt
Planning Resolution No. P-96-36, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Conditional Use Permit 96-08/Development
Review 96-03, Assessor's Parcel Number 317-820-07," as amended regarding paging
systems and radios. Motion carried unanimously.
ITEM 8 (203-02)
TENTATIVE PARCEL MAP 96-01
APPLICANTS: JERRY & LINDA STRAUSS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a three parcel subdivision of 7.66 acres at
15465 Eastvale Road.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, issue a Negative Declaration with mitigation measures and adopt
Planning Resolution No. P-g6-37, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Tentative Parcel Map 96-01, Assessor's
Parcel Number 278-240-15." Motion carried unanimously.
ITEM 9 (1170-09)
ENVIRONMENTAL ASSESSMENT
POMERADO CREEK DETENTION BASIN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The proposed project is an emergency flood control improvement by the
City to eliminate potential hazardous flood conditions and to preclude
approximately 260 existing single-family homes and properties from being mapped
in the floodway/flood plain of Pomerado Creek, as proposed by FEMA. The project
must be under construction by August, 1996 in order to have construction
completed before the final copy of the FEMA flood maps are printed and
distributed in late 1996. There are five improvement items, including
construction of a 25 acre foot detention basin east of Pomerado Road, north of
Abraxas School and between Glen Oak Road and Ted Williams Parkway; modification
of an existing underground transition drainage structure north of Glen Oak Road;
extension of the existing drainage channel concrete lining an average of two feet
in height on each side of the existing channel; addition of a 12 foot by 5 foot
reinforced concrete box to the existing box culvert under the intersection of
Pomerado Road and Robison Boulevard; and widening the banks of the existing
Pomerado Creek natural channel downstream of and adjacent to the west side of
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Pomerado Road. Staff recommends issuance of a Negative Declaration with
mitigation measures.
There was no one present.wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration with mitigation measures, approve
the mitigation monitoring program and NCCP findings, and authorize the
construction of the project. Motion carried unanimously.
ITEM 10 (203-24)
MINOR CONDITIONAL USE PERMIT 96-05
MINOR DEVELOPMENT REVIEW 96-21
APPLICANT: GARY SABIN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 1,455 square foot detached, two story
guesthouse with an attached indoor racquetball court and a lighted tennis court
at 18540 Wildhorse Creek. Staff recommends approval.
Speaking in favor of staff recommendation:
Eric Ottesen, 14366 Bent Tree Court
Mayor Higginson stated he had visited the site and asked about options for the
roadway surface required for fire apparatus. City Manager Bowersox stated it has
to be capable of bearing the weight of the fire apparatus.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-96-38, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 96-05 and Minor Development Review 96-21, Assessor's's Parcel Number
277-020-18." Motion carried unanimously.
ITEM 11 (203-24)
MINOR CONDITIONAL USE PERHIT 96-04
APPLICANT: RANDY & CHARISSE BECK
Mayor Higginson opened the public hearing. City Manager Bowersox stated the
applicants have requested a continuance to June 25, 1996,
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue
consideration of Minor Conditional Use Permit 96-04 to June 25, 1996. Motion
carried unanimously.
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ITEM 11.1 (701-04)
ORDINANCE NO. 463/SECOND READING
CREATING FOUR NEW COMMERCIAL ZONES
POWAY ROAD SPECIFIC PLAN DESIGN STANDARDS
Mayor Higginson read the title 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}." Staff report by City Manager
Bowersox. This is the second reading of an Ordinance creating the Mixed Use
(MU), Community Business (CB), Automotive/General Commercial (A/GC), and Town
Center (TC) zones.
Motion by Mayor Higginson, seconded by Councilmember Emery to adopt Ordinance No.
463. Motion carried unanimously on a roll call vote.
ITEM 11.2 (701-04)
ORDINANCE NO. 464/SECOND READING
REDESIGNATING PARCELS ON POWAY ROAD
Mayor Higginson read the title of Ordinance No. 464, "An Ordinance of the City
of Poway, California Changing the Zoning Classification of Certain Properties {ZC
96-02).' Staff report by City Manager Bowersox. This ordinance redesignates the
parcels in the Poway Road commercial corridor to the new Land Use Categories.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Ordinance No. 464. Motion carried unanimously on a roll call vote.
ITEM 11.3 (701-04)
ORDINANCE NO. 465/SECOND READING
REZONING SILVER LAKE ARCHEOLOGICAL SITE
Mayor Higginson read the title of Ordinance No. 465, "An Ordinance of the City
of Poway, California Changing the Zoning Classification of Certain Property (ZC
96-03)" which rezones the Silver Lake Archeological Site, formerly referred to
as the "rockpile", from RS-7 to OS-RM.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Ordinance No. 465. Motion carried unanimously on a roll call vote.
ITEM 11.4 (203-14)
DEVELOPMENT REVIEW 96-04
APPLICANT: ACERBIS PLASTICA USA
Staff report by City Manager Bowersox.
This is a request to construct a 37,440
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square foot building on a 2.9 acre site, north side of Gregg Street, east of
Community Road in the South Poway Business Park. He stated the Resolution of
approval needs to be amended to indicate that sewer fees have been paid. Staff
recommends approval.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to adopt Planning
Resolution No. P-96-39, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Development Review 96-04, Assessor's Parcel Number
317-270-42 as amended by staff." Motion carried unanimously.
ITEM 19.2 (203-08)
CONDITIONAL USE PERMIT 83-01
Mayor Higginson stated a speaker's slip was turned in on this item which has
already been approved on the Consent Calendar. It is the revocation of the
Iglesia ni Cristo's Conditional Use Permit.
Speaking in opposition to the revocation:
David Clyde. 7170 N. Financial Drive, Fresno, representing the Church,
stated that proper notice was not given on this item.
City Attorney Eckis stated that the original public hearing was noticed in
accordance with state law. This item does not require any particular notice.
Mayor Higginson stated that action had already been taken on this item and there
was no motion to reconsider.
CITY MANAGER ITEMS
20.
City Manager Bowersox commended Sheriff's Captain Alan Fulmer for the Medal
of Merit he had received from the Sheriff for a special training program
he developed.
CITY ATTORNEY ITEMS
21.
City Attorney Eckis requested two closed sessions:
A. Conference with Legal Counsel - Existing Litigation - §54956.9(a)
Case: City of Poway v. Pallas Soraque. Superior Court #687125-1
Public Employee Appointment - (§54957)
Position to be filled: Assistant City Manager - Economic Development
City Attorney Eckis stated he has joined the City to an amicus brief in
the case of Nunez v City of San Diego. It is a challenge of their curfew
ordinance.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
22.
Councilmember Cafagna stated he had received a letter from Jerry
Hargarten, Chairman of the Move Against Relocating Choppers Here (MARCH),
requesting financial support if their attorneys conclude a successful
legal challenge can be mounted. Their position is that the Government did
not meet all requirements of one or more Federal laws governing the
process, the principal one being the National Environmental Policy Act.
Jerry Hargarten, 13622 Orchard Gate, Poway, stated that Poway has the
greatest percentage of population that will be impacted by the
helicopters.
Following discussion, motion by Councilmember Emery, seconded by
Councilmember Cafagna to pledge support of $15,000 to $20,000 following a
review by the City Attorney that it is an appropriate expenditure. City
Attorney Eckis stated that reviewing the EIR is an appropriate public
purpose. If the funds are to pay for litigation then it would be reviewed
further. Motion carried unanimously. (1501-00)
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:45 p.m. on motion by Councilmember
Emery, seconded by Councilmember Rexford.
Marjorie K.
City of Poway
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