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CC 1996 09-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 3, 1996 The September 3, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:03 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 Shafer Mark Sanchez Steve Streeter Steve Blackwood Penny Riley Patrick Foley Scott Nespor City Manager City Clerk City Attorney Assistant City Manager-Economic Develop. 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 Lieutenant Assistant to the City Manager Senior Management Analyst 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. The following persons were present wishing to speak: Peggy Collette, 13969 Bernadotte Lane, spoke about campaign violations in the 1994 election and requested a list, with a weekly update, of contractors she cannot take contributions from as a candidate. City Attorney Eckis announced that, pursuant to Poway Municipal Code Section 2.28.110(B) he has appointed Richard Heller as special counsel for this election; however Daniel Hentschke was special counsel for the 1994 election. Bill Barnick, 14645 Sunrise Canyon Road, requested that any documents relating to Sunrise Ranch not be destroyed. He is concerned about the flare that is burning the methane gas on the former dump site and stated there are known carcinogens in the gas. 5899 Page 2 - CITY OF POWAY - September 3, 1996 City Attorney Eckis stated the City Council had authorized destruction of certain records earlier this year however, they have been held for review by other parties. They are now scheduled to be destroyed on September 25. Mr. Barnick is free to come to the City Clerk's Office and review them prior to that date. CONSENT CALENDAR Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve the Consent Calendar, as follows: Approval of Minutes - City Council: August 6, 1996, Regular Meeting August 13, 1996 Adjourned Regular Meeting August 13, 1996, Regular Meeting Be Ratification of Warrant Register for period of August 12-16, 1996., 1996. (401-10) 9. Denial of claim for damages: Richard G. Hier. (704-13) 10. Adoption of Resolution No. 96-096, entitled, "A Resolution of the City Council of the City of Poway Fixing and Determining Sewer Related Fees; Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee, Sewer Line Charge, Sewer Extension Line Charge, Inspection, and Construction Fees for Sewer Service; Rescinding Resolution 94-124, Establishing Criteria for Sewer Reservation, and Amending Criteria for Sewer Connections." The Sewer Improvement District bonds are paid off and annexation to the District will no longer be required so sewer annexation fees are being eliminated. (1170-02) 11. Award of bid for channel improvements for Rattlesnake Creek and the rough grading for the Poway Library, located on the southwest corner of Poway Road and Bowron Road, to Signs & Pinnick, Inc. in the amount of $865,599.55; and adopting Resolution No. 96-097, entitled, "A Resolution of the City Council of the City of Poway, California, Regarding its Intention to Issue Tax-Exempt Obligations," authorizing reimbursement of City funds from bond proceeds.(5416 & 5514) (602-01 #255R) 12. Rejection of bid for the construction of the Old Poway Park Train Barn Pit expansion and directing staff to redesign the project.(5602) (601-03R) 13. Approve amendment to agreement with McDougal, Love, Eckis & Grindle to increase City Attorney's salary by 3% and hourly rate for litigation services by $5. (602-01 #259) 13.1 Adoption of Resolution No. P-96-56, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit g6-81,' Charlie Thomson/North County Interfaith Council, applicant: a 59OO Page 3 - £ITY OF POWAY - September 3, ]996 request to sponsor a "Country Nights" concert at the Poway Valley Riders Association (PVRA) grounds located at 14336 Tierra Bonita Road on Saturday, October 5, 1996 between the hours of 6:00 p.m. and 10:00 p.m. (203-07) Motion carried unanimously. ITEM 1 (203-02) TENTATIVE PARCEL MAP 96-03 APPLICANT: W.H. POMERADO LLC Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide Lot 52, Poway Tract 85-04 at 13350 Kirkham Way into two parcels. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing, certify the adequacy of the previous environmental reviews, and adopt Planning Resolution No. P-96-57, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 96-03, Assessor's Parcel Number 317-270-07." Motion carried unanimously. ITEM 2 (203-08) CONDITIONAL USE PERMIT 96-10 DEVELOPMENT REVIEW 96-08 APPLICANT: BRYAN MILLER/QUALITY REINFORCING Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct a 4,968 square foot industrial building and a 25 foot high crane at 13275 Gregg Street in the South Poway Business Park. The applicants are requesting a change in one of the conditions of approval regarding the pavement. John Potocki, 8636 Frazier Dr., San Diego, architect for the project, requested a concrete treated base initially on certain portions of the property with concrete pavement to be placed in one year. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-96-58, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-10 and Development Review 96-08, Assessor's Parcel Number 317-270-16, 45," as amended to allow a concrete treated base on the truck turn around area and future flatbed trailer parking area to be re-paved with concrete in one year. Motion carried unanimously. 5901 Page 4 - CITY OF POWAY - September 3, 1996 ITEM 3 (203-08) CONDITIONAL USE PERMIT 96-13 DEVELOPMENT REVIEW 96-11 APPLICANT: CITY OF POWAY ITEM 4 (203-08) CONDITIONAL USE PERMIT 96-14 DEVELOPMENT REVIEW 96-12 APPLICANT: CITY OF POWAY Mayor Higginson opened the two public hearing. City Manager Bowersox suggested that these two items be considered together. One is the 20,000 square foot public library and the other is the 15,000 square foot County Sheriff Substation, both on the property at the southwest corner of Poway and Bowron Roads. Staff report by Director of Planning Services Wright-Quastler. The two buildings have been designed to be compatible on the site and they both meet the Poway Road Specific Plan Guidelines. Staff recommends approval. Speaking in favor of staff recommendation regarding the library: Bill Rickles, 13725 Utopia Road, representing the Southwest Homeowners Association Lisa Lucidi, 13260 Glen Circle Jay Goldby, 13244 Aubrey Angeline Hall, 13675 Sycamore Tree Dwight Ritchey, 12919 Avenida la Valencia Poway Speaki ng in favor of staff recommendation regarding the Sheriff's substation: Lt. Steve Blackwood, 12935 Pomerado Elaine Jeter, 17834 Villamoura Dr. Yvonne Lux, 13626 Twin Peaks Speaking in opposition to staff recommendation: Peggy Collette, 13969 Bernadotte Lane, stated the site is too congested for both uses. Chris Cruse, 13434 Utopia, stated she does not want the Sheriff's station or the low-income housing in this area. She wants the same kind of livability they have in North Poway. Council asked about the time line for completion and what the traffic impacts are. Director of Engineering Services Weston stated the site improvements should be completed by December and the buildings in late 1997. Director of Planning Services Wright-Quastler stated the traffic impacts are less than what it would be under a commercial use. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the public hearing on Items 3 and 4. Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to issue a 5902 Page 5 - CITY OF POWAY - September 3, 1996 Mitigated Negative Declaration and adopt Planning Resolution No. P-96-59, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-13/Development Review 96-11, Assessor's Parcel Number 317-472-22." Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to issue a Mitigated Negative Declaration and adopt Planning Resolution No. P-96-60, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-14/Development Review 96-12, Assessor's Parcel Number 317-472-22." Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 467/URGENCY PROHIBITING NUDITY IN ADULT BUSINESSES Mayor Higginson opened the public hearing and read the title of Ordinance No. 467, "An Interim Urgency Ordinance of the City of Poway, California Extending Ordinance No. 466 Prohibiting Nudity and Specified Activities in Adult Businesses." Staff report by City Attorney Eckis. On July 23, 1996, the City Council adopted Interim Urgency Ordinance No. 466 prohibiting total nudity and specified activities in adult businesses. That ordinance will expire on September 6, unless extended. This ordinance is identical to Ordinance No. 466 and extends the prohibition an additional 10 months and 15 days. Staff is working on a comprehensive ordinance on adult businesses which will be presented in a few months. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing, adopt Ordinance No. 467 and direct staff to prepare a comprehensive ordinance. Motion carried unanimously. ITEM 5.1 (203-21) SPECIFIC PLAN AMENDMENT 84-O1EE AMENDING LAND USE DESIGNATIONS Staff report by City Manager Bowersox. Staff proposes to initiate an amendment to the South Poway Specific Plan to amend and clarify the land use designations for lots 71-74, 85, 86, 90, 91 and 94-97 in the Pomerado Business Park. Additionally, the Director of Planning Services would be given the flexibility of redesignating within the industrial land use categories so long as the overall acreage allocated for those uses are not exceeded. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 96-098, entitled, "A Resolution of the City Council of the City 5903 Page 6 - CITY OF POWAY - September 3, 1996 of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01EE)," and delegate certain administrative flexibility to the Director of Planning Services. Motion carried unanimously. CITY ATTORNEY ITEMS City Attorney Eckis requested the scheduled closed session to discuss existing litigation, Poway Royal Mobile home Owners Association v. City of Poway be carried over to September 10, 1996 agenda. He requested a closed session pursuant to Government Code Section 54956.9(a) to discuss existing litigation, Poway Land v. City of Poway and Poway Redevelopment Agency. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 8:10 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:30 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Cafagna, seconded by Councilmember Emery. Marjorie\K. Wahlsten, City City of Poway Clerk 5904