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CC 1996 10-15 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETZNG OCTOBER 15, 1996 The October 15, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNENBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Don Higginson COUNCILMEMBERS ABSENT Betty Rexford STAFF NEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Bob Krans Steve Streeter John Falconer Penny Riley Patrick Foley Scott Nespor 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 Battalion Chief Principal Planner Sheriff's Captain Assistant to the City Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PRESENTATIONS Ao Mayor Higginson presented employee service awards to Bill Briscoe, Fire Captain, 25 years; Larry Beauchamp, Recreation Coordinator, 15 years; Dave Plott, Park Ranger, 15 years; Ray Navarette, Lead Park Maintenance Worker, 10 years; and Jim Kruse, Firefighter, 10 years. Andrew Deems, President and CEO of the Palomar Pomerado Health System; and Ed Danenhauer, Chairman of the ScrippsHealth Board of Trustees, explained the proposed terms of their joint venture which will be a non-profit public benefit corporation. 5926 Page 2 - CITY OF POWAY - October 15, 1996 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, stated the City Attorney's impartial analysis regarding Proposition S is not correct. City Attorney Eckis distributed a press release stating the 10 acre minimum for riding academies and stables does not apply in the RR-A zone and the analysis should have reflected this. Roger Smith, 15910 Cumberland Drive, with the Poway Family Bocce Club, stated his club is not being treated the same as the others since the storage shed is not allowed to remain open while they are using the court; and he requested that all private property be removed from the storage shed. Edward DiBella, property be removed community park. 13836 Olive Mill Way, also requested that all private from the storage shed at the bocce ball court in the Councilmember Cafagna asked if the storage shed could be removed from the Park. Director of Community Services Thomas replied that it could. CONSENT CALENDAR Mayor Higginson stated that Item 18 had been pulled from the Consent Calendar by the public. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: e Approval of Minutes - City Council September 3, 1996 Regular Meeting September 10, 1996 Regular Meeting September 17, 1996, Regular Meeting Ratification of Warrant Register for period of September 9-13, 16-20, and 23-27, 1996. (401-10} Denial of claim for damages: Connor Drew Sanit/Deborah Englehart-Sanit. (704-13) 10. Naming mini-park constructed by Shea Homes in Poway Oaks subdivision, southeast corner of Metate Lane and Pomerado Road as Whispering Tree Mini- Park. (1401-16) 11. Approval of a one-year renewal of lease agreement between the City and Leon Parma for the use of a vacant lot at the southwest corner of Midland Road and Temple Street for City-sponsored Farmers Market. (602-01 #955) 12. Adoption of Resolution No. 96-107, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a pre-tax payroll 5927 Page 3 - CITY OF POWAY - October 15, 1996 13. 14. 15. 16. 17. 19. 20. 22. Deduction Plan for Service Employees Retirement System, Section 414(h)(2). Credit Purchases," for California Public as authorized by Internal Revenue Code (404-02) Award of bid for the construction of Old Pomerado Road Improvements secondary access road and pedestrian bridge to Single Eagle, Inc. in the amount of $222,371.30.(5281) (602-01 #256R) Approval of Memorandum of Understanding between the City of Poway and San Diego Gas & Electric regarding notification, permits, and fees for encroachment and excavation work within the public right-of-way. (602-01 #1172) Adoption of Resolution No. 96-108, entitled, "A Resolution of the City Council of the City of Poway, California, Respecting Authorized Officers Designated to Execute Public Securities, Instruments of Payment, and Investments on behalf of the City, and Rescinding Resolution No. 92-170." (403-04) Award of bid for two class eight dump trucks to E-W Truck and Equipment Company, Inc. in the amount of $181,983.28 and appropriation from the Capital Replacement Fund. (611-108) (601-03) Adoption of Resolution No. P-96-70, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 96-70," for Ali Ganji, Guardian Towing, applicant, to allow a six month extension for the temporary stationing of three tow trucks to be parked and dispatched from the back parking lot of the Shell Service Station at 12365 Poway Road. (203-07) Approval of Final Map for Tentative Tract Map 88-04R, Unit 1, Rolling Hills Estates, Trident Homes of California, Inc., applicant (203-01) AND adoption of Resolution No. 96-109, entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 87-1 with the Annexation of APN 320- 011-23 & 30 by Written Consent of Property Owners." (705-14) Appropriation of $6,000 to hire G.R. Gordetsky Consultants to oversee the installation and testing of the copper and fiber-optic network to be installed at the Lake Poway facilities. (401-13) Award of bid for construction of Public Services Administration Building to Hankins Construction in the amount of $422,000.00. (602-01 #1174) 22.1. Acceptance of the 1996 ADA Pedestrian Ramp Program from Fox Construction. (602-01 #1144) Motion carried 4-0 with Councilmember Rexford absent. 5928 Page 4 - CITY OF POWAY - October 15, 1996 ITEM 1 (203-24) CONDITIONAL USE PERMIT 94-02M APPLICANT: DAN CARUSO/STIX FAMILY BILLIARDS Item introduced by City Manager Bowersox. This was continued from September 17, 1996 at the applicant's request to allow him additional time to provide more information. Staff report by Director of Planning Services Wright-Quastler. This is a request to modify an existing minor conditional use permit for Stix Family billiards to allow the serving of beer and extending hours to 2:00 a.m. on Fridays and Saturdays and 10 a.m. to 12 midnight on Sundays. Staff cannot make the findings that this is compatible with surrounding uses and is recommending denial. Speaking in opposition to staff recommendation: Fred Day, 13929 Olive Mesa Court, Executive Director of the Chamber of Commerce Scott Baird, 12202 Poway Road, owner of Mr. Goodcents Subs & Pastas Stephen Zolezzi, 2515 Camino del Rio South, San Diego, Food & Beverage Association of San /Diego Andy Bigbee, 16891 Platinum Place, Lakeside Dan Caruso, 1465 Grand Avenue, San Diego Ed Malone, 17150 Old Coach Road Sam Smith, 728 "F" Street, Ramona Ivan Ewing, 3455 Lebon Drive #1615, San Diego Mike Chambers, 12222 Poway Road, owner of Mikey's Coffee House Speakers concurred that this business should be given an opportunity to prove itself and stated they are not currently causing any problems in the Center. Speaking in favor of staff recommendation: Mike Fry, 12819 Selma Court Merrilee Boyack, 14418 Crestwood Stephen Gold, 12851 Iola Way Bill Rickles, 13725 Utopia, Southwest Poway Homeowners Association Speakers stated they are not in favor of alcohol being served at this location. Councilmember Callery questioned Sheriff Captain Falconer regarding their enforcement in establishments that serve alcohol. Mayor Higginson stated that the first threshold in approving a project like this is the impact it will have on the neighborhood. He suggested the request be approved for a six month period with a review at the end of that time. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and approve the modification to Minor Conditional Use Permit 94-02 for six months and require proof of Alcohol and 5929 Page 6 - CITY OF POWAY - October 15, 1996 ITEM 4 (203-08) CONDITIONAL USE PERMIT 96-15 VARIANCE 96-07/DEVELOPMENT REVIEW 96-13 APPLICANT: CITY OF POWAY Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. This is a request to establish a materials handling yard at 12325 Crosthwaite Circle in South Poway. It includes the placement of a 1,152 square foot office modular and the construction of a sludge basin. A variance to allow an 8 foot high screening wall to encroach within the required 35 foot front yard setback is also requested. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution P-96-73, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-15, Variance 96-07 and Development Review 96-13, Assessor's Parcel Number 317-280-50." Motion carried 4-0 with Councilmember Rexford absent. ITEM 5 (203-21) SPECIFIC PLAN AMENDMENT 84-01FF INITIATION Staff report by Director of Planning Services Wright-Quastler. Lot 103, a former mini-park site, in the Pomerado Business Park, is the proposed location for a pending application for a music recording/rehearsal studio for professional musicians. It is necessary to add music studios as a permitted use in the South Poway Specific Plan and staff is proposing initiation of such an amendment. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 96-110, entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01FF)." Motion carried 4-0 with Councilmember Rexford absent. CITY ATTORNEY ITENS City Attorney Eckis requested a closed session to discuss existing litigation pursuant to Government Code §54956.9(a), Poway Royal Mobilehome Owners Association v. City of Poway, San Diego Superior Court Case No. 682581. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session as requested by the City Attorney at 9:20 p.m. 5931 Page 7 - CITY OF POWAY - October 15, 1996 CALL TO ORDER AND ADOOURNHENT Mayor Higginson called the meeting back to order at 9:40 p.m. with all Councilmembers present except Councilmember Rexford who was absent from the meeting and adjourned on motion by Councilmember Emery, seconded by Councilmember Callery. Marjorie Wahlsten, City Clerk City of Poway 5932