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CC 1997 07-15 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 15, 1997 The July 15, 1997, 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, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Reba Wright-Quastler Randy Williams Warren Shafer John Falconer Peter Moote Javid Siminou City Manager City Clerk City Attorney Director of Community Services Director of Planning Services Director of Public Services Director of Redevelopment Services Sheriff's Captain Deputy Dir. of Administrative Services Senior Civil Engineer PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. Paul Cunningham, Director of External Affairs for the Imperial Irrigation District, gave a brief synopsis of the status of the water transfer agreement between liD and the San Diego County Water Authority. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Chris Cruse, 13734 Utopia Road, stated her street is one of the ones being repaired this summer and she was told it would be closed for 3 days. She asked about off-site parking and what type of notification will be given to the residents. 6117 Page 2 - CITY OF POWAY - July 15, 1997 CONSENT CALENDAR Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 4. Ratification of Warrant Register for period of June 23-27, 1997. (4o1-1o) Approval of Transit Projects for Inclusion in the Fiscal Years 1998-2004 Short- Range Transit Plan (SRTP). These projects are a new transit route to serve the business park and two park and ride lots with transit shelters. (1207-01) Adoption of Planning Resolution No. P-97-35, entitled, "A Resolution of the City Council of the City of Poway, California Approving Comprehensive Sign Program 97-01, Assessor's Parcel Numbers 317-270-09 & 10," for the Valley View Business Center, two multi-tenant, light industrial buildings located at 13100 and 13200 Kirkham Way, just east of Community Road. (203-15) o Approval of Final Map for Tentative Parcel Map 96-04, W.H. Pomerado, LLC, applicant; located east of Community Road, between Danielson Street and Scripps Poway Parkway. (203-02) 9. Acceptance of Quarterly Status Report for Illegal Encampment Activities.(704-10) 10. Approval of agreement with California Conservation Corps to provide five interns at a cost of $69,500 to assist City maintenance crews for 1997-98 and 1998-99. (602-01 #1160) 10.1 Continue to July 29, 1997 at request of applicant: Resolution No. P-97- Minor Development Review 97-36 (Hillside/Ridgeline), Mr. & Mrs. Mike Cattolico, applicants: request to construct a 3,300 square foot two-story home and detached 700 square foot shop building at 15706 Boulder Mountain Road in the Rural Residential C zone. (NOTE: Staff is not recommending approval of the detached shop building). (Continued from July 8, 1997, Item 6.) (203-10) 10.2 Finding that a 16 foot paved driveway satisfies the driveway requirement for Tentative Parcel Map 87-12, 14456 Golden Sunset Lane, Stanley Lazowski, applicant. (203-02) Motion carried unanimously. 6118 Page 3 - CITY OF POWAY - July 15, 1997 ITEM I (701-04) ORDINANCE NO. 478/URGENCY ADULT BUSINESSES Mayor Higginson opened the public hearing and read the title of Ordinance No. 468, "An Interim Urgency Ordinance of the City of Poway, Extending Ordinance No. 466 Prohibiting Nudity and Specified Activities in Adult Businesses." Councilmember Emery stated he was absent when Ordinance 466 was adopted, however he has read the minutes of the meeting. He asked if he can vote. City Attorney Eckis stated he can vote. Page 3 - CITY OF POWAY - July 15, 1997 Staff report by City Attorney Eckis. Ordinance No. 466 was adopted on July 23, 1996 as an Urgency Ordinance prohibiting total nudity and specified activities in adult businesses. It was extended by Ordinance No. 467 and will expire on July 22, 1997. Staff is preparing a comprehensive adult ordinance that will address recent court decisions and will be presented to the City Council in August at a workshop. It is necessary to adopt an Ordinance extending No. 466 because of the expiration date. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to close the public hearing, waive further reading; and adopt Ordinance No. 478. Motion carried unanimously. ITEM 2 (701-04) ORDINANCE NO. 479/FIRST READING DISCHARGE OF WATER SOFTENER BRINE Mayor Higginson opened the public hearing and read the title of Ordinance No. 479, ""An Ordinance of the City of Poway, California Rescinding Poway Municipal Code Section 13.05.290, Discharge of Water Softener Brines Prohibited, and 13.10.060, Regulation of Brine Discharge to Sewage System, for Industrial Wastewater Pretreatment Program." Staff report by City Manager Bowersox. Pomerado County Water District adopted an Ordinance prohibiting discharge of brine from water softeners into the sewer system. The City of Poway inherited that upon incorporation. Recent court decisions require the repeal of this prohibition. There was no one present wishing to speak. 6119 Page 4 - CITY OF POWAY - July 15, 1997 Motion by Mayor Higginson, seconded by Councilmember Cafagna to waive further reading and continue the public hearing to July 29, 1997 for second reading and adoption. Motion carried unanimously. ITEM 3 (203-21) SPECIFIC PLAN AMENDMENT 84-01FF MUSIC STUDIOS AS A PERMITTED USE Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. Staff proposes an amendment to the South Poway Specific Plan to amend the land use matrix for the Light Industrial land use designation to add music studios as a permitted use. There has been a request to allow music recording/rehearsal studios for professional musicians. Richard Ludwig, 12720 Metate Lane, asked if doors would be open while the musicians are playing so that the noise could be heard, and if there would be concerts held there. Director of Planning Services Wdght-Quastler stated that the noise ordinance regulated the level of permitted noise and recording studios are generally more concerned about noise coming into the studio. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 97-068, entitled, "A Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01FF)." Motion carried unanimously. ITEM 3.1 (1180-05) COMMUNITY CONTRIBUTION REQUEST CLASSICS FOR KIDS Staff report by City Manager Bowersox. Classics for Kids has requested a community contribution to fund classical music programs geared to educate young students. They present concerts at the Poway Center for the Performing Arts and the Copley Symphony Hall. Staff recommends a contribution of $1,000. Speaking in favor of staff recommendation: Marion Scire, 17952 Cielo Court, President of Classics for Kids Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve a community contribution of $1,000 for Classics for Kids. Motion carried unanimously. 6120 Page 5 - CITY OF POWAY - July 15, 1997 ClTY MANAGERITEMS City Manager Bowersox reported that the San Diego County Water Authority Board approved the weighted vote formula, including the proxy provision, that was presented to the City Council on June 10, 1997. CITY ATTORNEY ITEMS City Attorney Eckis stated he had been contacted regarding settlement in the Poway Land case, Supedor Court Case Number 701895, in the past 72 hours and the mediator requires an immediate response. He requested the City Council make the necessary findings to add a closed session to this agenda. Motion by Mayor Higginson, seconded by Councilmember Cafagna to find that the necessity to take action has arisen in the past 72 hours and add a closed session to this agenda as requested by the City Attorney. Motion carried unanimously. City Attorney Eckis also requested a closed session to discuss his performance evaluation pursuant to Government Code Section 54957. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14A. Councilmember Emery stated the City Council needs more informal communications and the Thursday workshops are a good tool for that. He suggested that a regular schedule be established for predevelopment conferences, reports regarding SANDAG, MTDB, etc. Council discussed the possibility of meeting less often on Tuesdays if they will meet more often on Thursdays and concurred that this might be a possible summer schedule. Mayor Higginson requested that workshops start at 6 p.m. 14B. Councilmember Emery stated he had scheduled a discussion regarding the status of the City's access to the Internet and has a response from staff answering his questions. He requested this item be continued to July 29 so that the entire Council can review the memo from staff. CLOSED SESSION Mayor Higginson called for closed session as requested by the City Attorney at 8:15 p.m. 6121 Page 6 - CITY OF POWAY - July 15, 1997 CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:00 p.m. and adjourned it on motion by Councilmember Rexford, seconded by Councilmember Cafagna. Marjorie~K. Wahlsten, City Clerk City of P°way 6122