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CC 1996 10-22 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING OCTOBER 22, 1996 The October 22, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:00 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 HEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Bob Krans John Falconer 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 Fire Battalion Chief Sheriff's Captain Assistant to the City Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Boy Scout Webelos Pack 686 led the Pledge of Allegiance. PRESENTATION Councilmember Cafagna read and presented a proclamation proclaiming October, 1996 as "Domestic Violence Awareness Month, to Linda Tarke, EYE Crisis Counseling. Director of Community Services Thomas introduced Dave Schumacher from the Metropolitan Transit Development Board (MTDB), and project manager for their 1-15 Corridor Study. Mr. Schumacher stated that the study was done jointly with the North County Transit District and CalTrans for a 35 mile corridor from Escondido to San Diego. They evaluated 33 alternatives. The draft report was just released and there will be 3 months of public review. He explained some of the alternatives they eliminated. (1503-26) Council thanked Mr. Schumacher for coming to the meeting. 5933 Page 2 - CITY OF POWAY - October 22, 1996 PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak. Frank Spitzer, 16028 Paragon Mesa, suggested a program where one-half of the savings realized would go to benefit local non-profits and the other one-half would accrue to the agency. He also requested that some finish be put on the concrete buttresses on Scripps Poway Parkway to make graffiti easily removable. CONSENT CALENDAR Mayor Higginson stated that Item 5.1 was pulled from the Consent Calendar by the public. Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar, as follows: Ratification of Warrant Register for period of September 30 to October 4, 1996. (401-10) Approval of class specifications for Assistant City Clerk and Backflow Prevention and Distribution Maintenance Technician. (503-03} 5.2 Approval of transfer of Development Agreement (874), Owner Participation Agreement (114R) and Standard Agreement for Construction of Public Improvements (1177) for residentially-zoned portion of Rolling Hills Estates, TTM 88-04, from Trident Homes of California, Inc. to Shea Homes Limited Partnership. (203-01) Motion carried unanimously. ITEM i (203-04) VARIANCE 96-08 APPLICANT: SILVER HEIGHTS ROAD HOMEOWNERS Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct a noise attenuation wall in excess of eight feet in height along rear property boundaries of 11 homes backing up to Poway Road in the 14300-14400 block of Silver Heights Road. When this project was approved in 1989 it was resolved that the recommended height of the noise attenuation wall as called for in the acoustical study would be very large and visually unattractive. It was required to be reduced to eight feet and earthen mounding was installed along the base. The residents are bothered by the noise of traffic on Poway Road and are requesting permission to add to the existing wall along their individual properties to a height of from ten to thirteen feet. A letter was received from residents on the west side of Poway Road concerned about the visual impacts and reflected noise from the proposed higher wall. Staff does not believe it will be a significant noise increase to 5934 Page 3 - CITY OF POWAY - October 22, ]996 them, but it would be a significant decrease for the properties on Silver Ridge and staff recommends approval. Speaking in opposition to staff recommendation: Sam Esposito, 14351 Silver Heights Road, stated he is not one of the owners applying for the variance, but asked who will pay the cost of the new wall. Director Wright-Quastler stated the individual homeowners will as they build their section. Speaking in favor of staff recommendation: Sean Donovan, 14440 Silver Heights Road, who initiated the project. Council asked about the design of the wall. Mr. Donovan stated they wanted to get the variance first. Director Wright-Quastler stated she had suggested they apply together so there was not a series of variances. Council expressed concern regarding the visual impact of some owners raising their section of the wall and the others leaving it as is. Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-96-74, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 96-08, Assessor's Parcel Numbers 323-460-14, 16, 17 and 323-461-05, 06, 07, 10, and 11," amended to require at least five contiguous property owners raise the height of the wall. Motion carried unanimously. ITEM 2 (203-10) MINOR DEVELOPMENT REVIEW 96-40 APPEAL APPLICANT: JANICE LLOYD Staff report by Director of Planning Services Wright-Quastler. The applicant is appealing conditions placed by staff on Minor Development Review 96-40 which is a request to removed and add 1,614 square foot onto an existing single family residence at 12820 Clair Drive. Staff has worked with the applicant and the remaining concerns are Fire Department issues. Battalion Chief Krans reviewed the Fire Code requirements, including a Class A roof, address numbers, and fire sprinkler or fire hydrant. Speaking in opposition to staff recommendation: Jan Lloyd and Dana Ansell, 12820 Clair Drive Council concurred that staff needs to continue to work with them and give them options on the various items, but that the Fire Code requirements cannot be waived. 5935 Page 4 - CITY OF POWAY - October 22, 1996 Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Planning Resolution P-96-48, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 96-40, Assessor's Parcel Number 323-060-16." Motion carried unanimously. ITEM 5.1 (203-24) MINOR CONDITIONAL USE PERMIT 94-02M APPLICANT: DAN CARUSO/STIX FAMILY BILLIARDS Mayor Higginson stated this item was pulled from the Consent Calendar by the public. This item was approved by the City Council on October 15, 1996 for 180 days and the confirming resolution is on this agenda. Dan Caruso, 1465 Grand Avenue, San Diego, stated he has talked to the Alcohol Beverage Control Board and they will not grant a liquor license on a temporary Conditional Use Permit. Motion by Councilmember Emery, seconded by Councilmember Callery, to continue this item Until October 22, 1996 to get clarification from the ABC. Motion carried 4-0 with Councilmember Rexford abstaining since she was absent from the October 15, 1996 meeting. CITY MANAGER ITEMS City Manager Bowersox announced that the Poway Trolley bus week-end service in the downtown area will begin on November 2, 1996. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session with the City Council to discuss existing litigation in the case of Poway Property Owners v. City of Poway, San Diego Superior Court Case No. 698367; and 2 potential litigation cases. MAYOR AND CITY COUNCIL-INITIATED ITEMS 11A. Councilmember Rexford stated that Orval Hill's family had requested a plaque in his honor, however, since they were not present at this meeting, she requested this item be pulled from calendar until a later meeting. 11B. Councilmember Rexford requested signs warning motorists of animals, particularly deer, crossing Scripps Poway Parkway. Motion by Councilmember Rexford, seconded by Councilmember Callery to direct staff to install the appropriate signs. Motion carried unanimously. CLOSED SESSION Mayor Higginson called for a closed session at 8:40 p.m. as requested by the City Attorney. 5936 Page 5 - CITY OF POWAY - October 22, 1996 CALL TO ORDER AND ADJOURNHENT Mayor Higginson called the meeting back to order at 9:15 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Callery, seconded by Councilmember Cafagna. MarjoriA K. City of~PowayWahlsten,~.~ City Clerk 5937