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CC 1996 09-24 CITY OF PONAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 24, 1996 The September 24, 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, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Penny Riley Garry MacPherson Scott Nespor City Manager City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Principal Planner Assistant to the City Manager Battalion Chief Management Assistant 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: Mike Norris, 14685 Silverset Street, stated there is a problem in Poway with youth and drugs caused by a lack of activity and places to congregate. Mayor Higginson suggested he read Suzanne Emery's article in the last Poway News Chieftain for a different perspective. Bob Lichter, Braemar Partners, 610 W. Ash Street, San Diego, new owner of Creekside Plaza, announced he will be making $1,000 available to each Councilmember on December 1 of each year for presentation to a Poway student or citizen of their choice. 5916 Page 2 - CITY OF POWAY - September 24, 1996 CONSENT CALENDAR Mayor Higginson stated that Item 17.5 has been pulled by the public. Motion by Councilmember Rexford, seconded by Councilmember Callery to approve the Consent Calendar, as follows: 10. Approval of Minutes - City Council August 27, 1996 Regular Meeting 12. Ratification of Warrant Register for period of September 3-6, 1996. (401-10) 13. Approval of City's Investment Report for the month of September, 1996. (408-01) 14. Approval of Second Amendment between the City of Poway and the County of San Diego for management and implementation of the CDBG funded Housing Rehabilitation Program and appropriation of $120,000 from the Redevelopment Agency unappropriated fund balance to cover cost of completion of housing rehabilitation projects for low and very-low income Poway residents. The amendment will enable the County to reimburse the City an additional $120,000 in Twenty-Second Year CDBG funding. (602-01 #979) 15. Approval of temporary sewer connection for APN 317-500-81; Kenneth J. French, applicant; located at 12741Roca Grande Road. (1170-13) 16. Adoption of Resolution No. 96-105, entitled, "A Resolution of the City Council of the City of Poway, California Adopting the Fair Political Practice Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Rescinding Resolution No. 94-119," and Amending the List of Designated Positions Subject to Reporting Requirements of the City's Code; and Resolution No. 96-106, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Poway Redevelopment Agency's Adoption through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and the Amended List of Designated Positions Subject to the Reporting Requirements of the Agency's Conflict of Interest Code." (704-08) 17. Removal of approval of amended final map for Tentative Parcel Map 95-05 from calendar. This item was approved on September 17, 1996. (203-02) 17.1 Approval of Memorandum of Understanding between the Service Authority for Freeway Emergencies (SAFE) and the City of Poway to install two roadside emergency call boxes on Poway Grade. (602-01 #1169) 5917 Page 3 - CITY OF POWAY - September 24, 1996 17.2 Approval of class specification for concession workers at Performing Arts Center: Concession Attendant; Concession Attendant/Bar. (503-03) 17.3 Approval of agreement with San Diego County for the 90 day loan of Fire Battalion Chief Garry MacPherson to act as Division Chief for the County's Emergency Medical Services Division. (602-01 #1170) 17.4 Approval to sublet to a joint venture of California Commercial Asphalt Corporation and Daley Corporation, a portion of the contract with Signs & Pinnick for construction of the Scripps Poway Parkway East and findings of public necessity. (602-01 #240R) 17.6 Approval of a change order in the amount of $366,115.93 to the 96-97 slurry/cape seal contract with Asphalt, Inc. (407-4320) (602-01 #1152) Motion carried 4-0 with Councilmember Emery absent. ITEM 1 (701-04) ORDINANCE REGARDING TATTOO SHOPS Mayor Higginson opened the public hearing. City Manager Bowersox recommended this item be removed from the calendar at this time since the pending application for a tattoo/body piercing shop has been withdrawn. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna to remove this ordinance regulating tattoo and/or body piercing shops from the calendar. Motion carried 4-0 with Councilmember Emery absent. ITEM 2 {203-08) CONDITIONAL USE PERMIT 86-09{M} MINOR DEVELOPMENT REVIEW 96-34 APPLICANT: OAK KNOLL COUNTRY DAY SCHOOL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 1,800 square foot classroom building to replace a 400 square classroom building which will expand an existing preschool at 12271 Oak Knoll Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-96-66, entitled, "A Resolution of the City Council of the City of Poway, California Approving Modification of Conditional Use Permit 86-09 and Minor Development Review 96-34, Assessor's Parcel Number 317-152-08." Motion carried 4-0 with Councilmember Emery absent. 5918 Page 4 - CITY OF POWAY - September 24, 1996 ITEM 3 (203-08) CONDITIONAL USE PERMIT 96-11 DEVELOPMENT REVIEW 96-09 VARIANCE 96-06 APPLICANT: RUSS BAUMGARTNER Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. This is a request to construct a 3,840 square foot single story office/shop for a concrete storage yard. Wood forms and several trucks will be stored on site. A variance approval is requested to allow a masonry wall to be constructed within the required 35' street side yard setback. The two acre site is located at 12559 and 12599 Stotler Court in the South Poway Business Park. Staff report by Director of Planning Services Wright-Quastler. After review of the draft resolution, the applicant has proposed one revision and staff is proposing another one based on input from the adjacent property owner. When the final grading is completed on the adjacent property, the outdoor storage area must be resurfaced within 90 days or in four years, whichever is less. A concrete screen wall along the south property line must be installed within 90 days of completion of final grading on the adjacent property. Speaking in favor of staff recommendation: Neville Bothwell, 3575 Kenyon Street, San Diego Council expressed concern regarding the purple accents shown on the elevations and requested staff work with the applicant to change the color to something less intense. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-96-67, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-11, Variance 96-06 and Development Review 96-09, Assessor's Parcel Number 317-270-30 & 47," incorporating revisions. Motion carried 4-0 with Councilmember Emery absent. ITEM 4 (203-02) TENTATIVE PARCEL MAP 96-07 APPLICANT: POWAY INDUSTRIAL PARK Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide Lot 1 of Tract 85-04 into six parcels located at 12300-12340 Stowe Drive in the South Poway Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery, to close the public hearing and adopt Planning Resolution No. P-96-68, entitled, "A 5919 Page 5 - CITY OF POWAY - September 24, 1996 Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 96-07, Assessor's Parcel Number 317-222-11." Motion carried 4-0 with Councilmember Emery absent. ITEM 5 (1301-01) CITIZEN'S OPTION FOR PUBLIC SAFETY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Included with the State of California budget for 1996-97 was a new $100 million program funded by the State's general fund called Citizen's Option for Public Safety (COPS). The City of Poway is estimated to receive $110,000 to supplement the existing law enforcement budget. The Sheriff's Department is requesting a new van for detectives, surveillance cameras, and specialized detective training. The balance of the funds will pay for equipment for the new Sheriff's station. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Callery to close the public hearing and approve the expenditure plan. Motion carried 4-0 with Councilmember Emery absent. ITEM 6 (602-01 #1163) RAMONA MUNICIPAL WATER DISTRICT AGREEMENT RE WATER SALES Staff report by City Manager Bowersox. On August 27, 1996, the City Council declined to approve an agreement with Ramona Municipal Water District regarding water sales to Hidden Valley Ranch which is in the City of Poway, and instructed staff to pursue additional negotiations that would consider the groundwater concerns of residents in the Old Coach Road area while protecting the environmental and financial interests of the City. The RMWD Board of Directors proposes a meeting of an Ad Hoc Committee comprised of members of their Board and the City Council. Staff recommends this be a public meeting that our citizens can attend. Speaking in favor of staff recommendation: Jeff Mangum, 18111 Old Coach Road Councilmembers Rexford and Cafagna volunteered to serve as the sub-committee. City Attorney Eckis stated this would be an advisory committee that would be authorized to meet in public with a posted agenda and will report back to the Council. Motion by Mayor Higginson, seconded by Councilmember Rexford to appoint Councilmembers Cafagna and Rexford to meet with the Ramona Municipal Water 5920 Page 6 - CITY OF POWAY - SEPTEMBER 24, ]996 District Ad Hoc Committee in a public meeting. Councilmember Emery absent. Motion carried 4-0 with ITEM 7 (203-14) DEVELOPMENT REVIEW 96-15 APPLICANT: WIEDENBACH AMERICA Staff report by City Manager Bowersox. This is a request to construct a 15,860 square foot light industrial building at 13685 Stowe Drive within the South Poway Business Park. Staff recommends approval. Motion by Mayor Higginson, seconded by Councilmember Rexford to adopt Planning Resolution No. P-96-69, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 96-15, Assessor's Parcel Number 317-810-27." Motion carried 4-0 with Councilmember Emery absent. ITEM 8 (701-04) ORDINANCE NO. 468/SECOND READING ZC 96-04/ARBOLITOS SPORTS FIELDS Mayor Higginson read the title of Ordinance No. 468, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property (ZC 96-04)." Staff report by City Manager Bowersox. The City Council held first reading of this Ordinance on September 10, 1996. It changes the zoning at the southeast corner of Pomerado Road and Ted Williams Parkway from Open Space- Resource Management to Open Space-Recreation for the Arbolitos Sports Fields. Motion by Councilmember Callery, seconded by Councilmember Rexford to waive further reading and adopt Ordinance No. 468. Motion carried 4-0 with Councilmember Emery absent. ITEM 9 (701-04) ORDINANCE NO. 46g/SECOND READING ZC 96-05/SOUTH TERMINUS OF SILVER LAKE Mayor Higginson read the title of Ordinance No. 469, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property {ZC 96-05)." Staff report by City Manager Bowersox. The City Council held first reading of this Ordinance on September 10, 1996. It changes the zoning at the southerly terminus of Silver Lake Drive from Residential Condominium to Open Space-Resource Management. Motion by Councilmember Callery, seconded by Councilmember Rexford to waive further reading and adopt Ordinance No. 469. Motion carried 4-0 with Councilmember Emery absent. 5921 Page 7 - CITY OF POWAY - September 24, lgg6 ITEM 17.5 (1504-17) AGRICULTURAL ELEMENT IN COUNTY'S GENERAL PLAN Mayor Higginson stated this item had been pulled from the Consent Calendar by a member of the public. Staff report by City Manager Bowersox. At the City Council meeting of September 17, 1996, Duncan McFetridge, President of Save Our Forest and Ranchlands, made a presentation to the Council requesting that the City Council urge the County Board of Supervisors adopt an Agricultural Element in their General Plan. Council directed staff to bring a Resolution back on this agenda for adoption. Speaking in opposition to staff recommendation: Henry Palmer, 682 Olive Street, San Marcos, representing the San Diego County Farm Bureau, stated that Mr. McFetridge does not speak for the farmers, and the Farm Bureau opposes this Resolution. Ed Malone, 17150 Old Coach Road, stated the City Council needs to hear both sides and questioned this being put on the supplemental agenda. Richard Ludwig, 12720 Metate Lane, read Section 2.18.070 to the City Council regarding items being distributed for the agenda and questioned if the City Council was in violation of the law. City Attorney Eckis stated that the law requires posting of the agenda with a listing of items 72 hours prior to the meeting. Speaking in favor of staff recommendation: Pandora Rose, 434 Creelman, Ramona, stated that the State Farm Bureau has requested all counties adopt an agricultural element. Motion by Councilmember Cafagna, seconded by Councilmember Callery to continue this item until staff can prepare a more comprehensive report. Motion carried 4-0 with Councilmember Emery absent. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code Section 54956.9(a), existing litigation, Poway Royal Mobilehome Owners Association v. City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 20A. Councilmember Cafagna stated Poway is the only City in the county that requires City Council approval of Development Reviews and he would propose that in the South Poway Specific Plan, staff be authorized to approve those that do not involve a Conditional Use Permit or Variance. Councilmember Callery stated she wants to be able to see color renderings. 5922 Page 8 - CITY OF POWAY - September 24, 1996 Director of Planning Services Wright-Quastler stated they will be available in the City Council office for review prior to staff approval. Motion by Councilmember Cafagna, seconded by Councilmember Callery to authorize a one-year trial program that permits the Planning Services Department to approve Development Reviews that do not require Conditional Use Permits or Variances in the South Poway Specific Plan area, with status reports on the Consent Calendar every 60 days. Motion carried 4-0 with Councilmember Emery absent. CLOSED SESSION Mayor Higginson called for a closed session as requested by City Attorney Eckis at 8:15 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:45 p.m. with all Councilmembers present except Councilmember Emery and adjourned the meeting on motion by Councilmember Callery, seconded by Councilmember Rexford. Marjor}e ~. Wahlsten, City Clerk City o~ay 5923