Loading...
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) 5813 Page 2 - CITY OF POWAY - May 21, 1996 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. 5814 Page 3 - CITY OF POWAY - May 21, 1996 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. 5815 Page 4 - CITY OF POWAY - May 21, 1996 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 5816 Page 5 - CITY OF POWAY - May 2], ]996 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 5817 Page 6 - CITY OF POWAY - May 21, 1996 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. 5818 Page 7 - CITY OF POWAY - May 21, 1996 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 5819 Page 8 - CITY OF POWAY - May 21, 1996 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. 582O Page 9 - CITY OF POWAY - May 21, 1996 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 5821