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.
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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
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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.
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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
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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
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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
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