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CC 1996 09-10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEHBER 10, 1996 The September 10, 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. COUNCILNEMBERS 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 Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez John Falconer Penny Riley Jim Bentz Mike Robinson Jim Lyon City Manager City Clerk City Attorney Assistant City Manager-Economic Develop. Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Assistant to the City Manager Community Services Manager Senior Civil Engineer Assistant Planner 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: Vickie Campbell, Assemblyman Goldsmith's field representative, gave a status report on pending legislation. She noted that the current legislative session is over and bills are on the Governor's desk for signature. Peggy Collette, 13969 Bernadotte Lane, spoke again about campaign contribution restrictions for candidates. At the last City Council meeting, she requested a list of who she can't accept contributions from and has not been able to get a response from the City's special counsel. 5905 Page 2 - CITY OF POWAY - September 10, ]gg6 City Attorney Eckis stated that the list that Mrs. Collette is requesting does not exist and would have to be created. He noted that the special counsel is designated to receive and investigate complaints, not to provide advice to the candidates. They will have to seek advice from their own attorney. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: Approval of Minutes - City Council August 15, 1996, Adjourned Regular Meeting August 20, 1996, Regular Meeting 8. Ratification of Warrant Register for period of August lg-23, 1996. (401-10) Confirmation of the appointment of Kathy Auten representing California Ballet Company as the Community User Group representative to the Performing Arts Advisory Committee for a one year period. (701-09) 10. Approval of second amendment to the agreement with Comprehensive Housing Service, Inc., for administration of the CDBG Housing Rehabilitation Program. (602-01, #1052) 11. Adoption of Resolution No. P-96-61, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 96-68", for Poway Days events to be held in various locations throughout the City, September 14-29, 1996. (203-07) 12. Adoption of Resolution No. 96-099, entitled, "a Resolution of the City Council of the City of Poway, California Establishing the Personnel Rules and Regulations and Rescinding Resolution 83-017." (501-02) 13. Approval of change in City Council meeting schedule adopted on December 19, 1995 to cancel the meetings of October 1 and October 8 and schedule a meeting on October 15, 1996. {701-01) 14. Adoption of Resolution No. 96-100, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Submittal of an Application to the California Waste Management Board for Household Hazardous Waste Discretionary Grant Funds," to Establish a Permanent Household Hazardous Waste Collection Facility to Serve Poway and East County Residents. (401-30} 15. Authorization to credit back portion of assessments to property owners in Community Facilities District No. 1 who kept their tax payments current over the past two fiscal years. {706-01) Motion carried unanimously. 5906 Page 3 - CITY OF POWAY - September 10, 1996 ITEM 1 (203-02) TENTATIVE PARCEL MAP 96-07 APPLICANT: W.H.POMERADO LLC Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide Lot 63, Poway Tract 85-04, into two parcels at 12105 Kirkham Road in the South Poway Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-96-62, entitled, Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 96-06, Assessor's Parcel Number 317-270-18." Motion carried unanimously. ITEM 2 (203-11) GENERAL PLAN AMENDMENT 96-03 Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. There are two parts to this General Plan Amendment, GPA 96-03A which will change a 3.5 acre portion of Arbolitos Park from Open Space-Resource Management to Open Space-Recreation and GPA 96-03B that redesignates the remaining potion of the Kumeyaay Historical Site on Silver Lake Drive from Residential Condominium to Open Space-Resource Management. GENERAL PLAN AMENDMENT 96-03A/ZONE CHANGE 96-04 Arbolitos Park was dedicated to the City by Standard Pacific as part of the Rancho Arbolitos development. The park was designated Open Space-Resource Management because of slope instability and poor soil conditions. A large detention basin is currently under construction that will be located in the park, adjacent to Pomerado Road and away from the slope hazard areas. A plan to utilize the basin for sports fields is on this agenda as Item 3. Speaking in opposition: Virginia Muller, 14374 Crestwood Ernest Piper, 14410 Crestwood Speakers stated they were told by the City staff before they bought their homes that this area would be left as wilderness open space and the City is breaching the public trust by this proposed change. GENERAL PLAN AMENDMENT 96-03B/ZONE CHANGE 96-05 In 1987, the City acquired the parcel of land located at the southern end of Silver Lake Drive in order to preserve archaeological features located on the 5907 Page 4 - CITY OF POWAY - September 10, 1996 knoll. A flat portion at the north, east of Silver Lake, remained Residential Condominium. Recently the possibility of establishing an interpretative center on the site has been discussed and the RS-7 portion of the property was redesignated OS-RM in May, 1996 as GPA 96-02C. At that time the City Council directed staff to consider redesignating the RC portion to OS-RM also. Speaking in favor of staff recommendation: Eamon Kavanagh, 13243 Evanston, representing the Kumeyaay Indians Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing. Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery to issue Negative Declarations for General Plan Amendment 96-03A/Zone Change 96-04, and General Plan Amendment 96-03B/Zone Change 96-05. Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 96-101, 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 96-03A)." Motion carried 4-0 with Councilmember Callery voting "no." Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 96-102, 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 96-03B)." Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery to hold first reading of Ordinance No. 468, entitled, "An Ordinance of the City of Poway, California changing the Zoning Classification of Certain Property {ZC 96-04)," and set second reading for September 24, 1996. Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery to hold first reading of Ordinance No. 469, entitled, "An Ordinance of the City of Poway, California changing the Zoning Classification of Certain Property {ZC 96-05)," and set second reading for September 24, 1996. Motion carried unanimously. ITEM 3 (203-08) CONDITIONAL USE PERMIT 96-16 APPLICANT: CITY OF POWAY Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. This is a request to construct a two-field sports park on a 3.5 acre site within the 21.6 acre Arbolitos Park, located on the southeast corner of Pomerado Road and Ted Williams Parkway. Staff report by Director of Planning Services Wright-Quastler. The City is 5908 Page 5 - CITY OF POWAY - September 10, ]996 proposing to construct sports fields within the confines of a detention basin being constructed along with a restroom and 76 space parking lot. A walkway will extend to the northeast connecting with the existing minipark. Several barbecues will be placed at field level away from the playing fields. The Parks and Recreation Advisory Committee recommends approval with lights, however, the neighbors are objecting to having the fields lighted and have also expressed concerns regarding noise and traffic. Staff recommends approval with automatic shut-off lighting to 8 p.m. Monday through Saturday. Speaking in opposition to staff recommendation: Suzanne Piper, 14410 Crestwood Salvaore Cafiero, 14434 Crestwood Yvette Reidy, 14402 Crestwood Doris Trout, 14464 Crestwood Charles Trout, 14464 Crestwood Tom Tucker, 14472 Crestwood Steve Firth, 14368 Crestwood Claudia Adams, 14383 Crestwood Jan Whiteore, 14465 Crestwood Ernest Piper, 14410 Crestwood Steven Boyack, 14418 Crestwood Merrilee Boyack, 14418 Crestwood Terry Heck, 14386 Crestwood Speakers stated they were told before they bought their homes that this area would never be developed and they paid a premium for their view; the noise generated will ruin their lifestyle; they are willing to compromise on the fields, but not on the lights; there are no lights on the other neighborhood parks and this one should not be any different; traffic is already speeding through their neighborhood; barbecues may create a fire hazard; and there will be loss of habitat for wildlife. Speaking in favor of staff recommendation Guy Ricciadilli, 13634 Del Poniente Rosemarie Cocco, 14907 Heath Drive, Poway Youth Sports Association Michael Murphy, 12126 Briarlead Way, Poway Youth Soccer League Brian Quinn, 11873 Glenhope San Diego, Poway Youth Soccer League Patty Jennings, 13816 Putney, Poway Youth Soccer League Charles Cross, 13514 Mora Circle, Poway Youth Soccer League Donald McKillup, 13827 Deergrass Court Tami Sutton, 1654 Espola Road, Poway Pop Warner Bob Supergan, 14724 Carlson, Poway Youth Soccer League Speakers cited the need for additional fields in Poway. There are 95 teams with 1,400 children in the Poway Youth Soccer league this year and they have no permanent equipment installed anywhere. Everything has to be set up and taken down. Many teams have to travel because of lack of facilities here. Councilmember Emery noted that the City was taking advantage of a situation by 5909 Page 6 - CITY OF POWAY - September 10, 1996 providing two sports fields while homes in the Pomerado Road area. fields. building a detention basin to protect the He stated he is not in favor of lighting the Mayor Higginson stated that staff has always been charged with looking for sites for additional playing fields. He disclosed that he and Councilmember Cafagna had visited some homes on Crestwood to look at the proposed project from their vantage point. He also stated he will not support lights on these fields. Councilmember Cafagna asked Director of Planning Service Wright-Quastler what staff tells someone who asks about zoning on property. Director Wright-Quastler stated that they are given the current zoning and what uses are allowed in that zoning. Councilmember Cafagna stated it is important that no one is told that something will never change. He also stated he will not support lights. Councilmember Rexford also disclosed she had visited some homes on Crestwood to view the project and will not support lights. Councilmember Callery noted that those in favor do not live next to the project. City Attorney Eckis requested that the record show that the City Councilmembers who had visited the site did not make a decision based on information received outside the meeting. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing, issue a Negative Declaration; and adopt Planning Resolution No. P-g6-63, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-16, Assessor's Parcel Number 314- 040-24," amended to delete the lights. Staff was instructed to look at placement of the barbecues to minimize any fire hazard and look at the traffic situation on Crestwood. Motion carried unanimously. ITEM 4 (1163-01) PARKING RESTRICTIONS ON SILVER RIDGE AND SUNSET VIEW Staff report by City Manager Bowersox. On July 9, 1996, the City Council requested staff meet with the residents of Silver Ridge Road and Sunset View Road to discuss traffic safety concerns. Following the meeting, the Traffic Safety Committee reviewed and supported the recommendations including centerline striping with 15 MPH signs on both curves on Sunset View; parking restrictions through the inside of the upper 125 foot radius curve; and review in six months. The parking restrictions require City Council approval. Speaking in opposition to staff recommendation: Gretchen Masterson, 13602 Sunset View Road, protested the yellow striping which has already been placed on the road. She stated it makes the road look like a through street and all her neighbors are opposed. 5910 Page 7 - CITY OF POWAY - September 10, 1996 Austin Heinrich, 13582 Sunset View Road, requested speed humps or a gate. Director of Engineering Services Weston stated that the striping is intended to keep vehicles in their own lanes and the contractor doing striping on Espola Road was utilized while he was in the area. Striping and advisory signs are approved at staff level. In accordance with our criteria, speed humps cannot be considered until all other remedies are tried. We need to wait six months after installation of the stop signs at Sunset View and Alora to review the situation. These stop signs were approved on July g, 1996 Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 96-103, entitled, "A Resolution of the City Council of the City of Poway, California Establishing No Stopping, Standing, or Parking Zones on a Portion of Silver Ridge Road and Sunset View Road." Motion carried unanimously. Staff will report back in six months. ITEM 5 (1160-04) TWIN PEAKS & TIERRA BONITA EQUESTRIAN SAFETY City Manager Bowersox stated that a member of the California Horseman's Association had requested continuance of this item to September 17, 1996. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue this item to September 17, 1996. Motion carried unanimously. CITY ATTORNEY ITEMS 17. City Attorney Eckis requested that the closed session shown on the agenda be carried over one week. Council concurred. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Callery requested staff look at the drop-off policy for children at the pool to determine if young children are being left with no adult supervision. ADJOURNMENT Mayor Higginson adjourned the meeting at 9:20 p.m. on motion by Councilmember Emery, seconded by Councilmember Rexford. Marjorie K. Wahlsten, City Clerk City of Poway 5911