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CC 1998 09-08NO TICE NOTICE IS HEREBY GIVEN THAT THE SEPTEMBER 8, 1998, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Councilmember Rexford, seconded by Councilmember Goldby, Mayor Higginson ordered the meeting adjourned to Thursday, September 10, 1998 at 6:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 8:45 p.m. L~ri ~Anne 'P"e~ples, City C~'~erk City of Poway, California Dated: September 9, 1998 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 10:00 a.m. Dated at Poway, California, on September 9, 1998 L~ri A, nne PeOples, City Cle[k City of Poway, California CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 8, 1998 The September 8, 1998, 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 Lori Anne Peoples Steve Eckis Peggy Stewart Jim Bentz Javid Siminou Reba Wright-Quastler Warren Shafer Mark Sanchez Penny Riley Steve Streeter John Falconer Scott Nespor City Manager City Clerk City Attorney Director of Administrative Services Community Services Manager Acting Director of Engineering Services Director of Planning Services Director of Redevelopment Services Director of Safety Services Assistant to the City Manager Principal Planner Sheriff's Captain Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATIONS Mayor Higginson presented a 10 year Service Award to Leslie Souza - Recreation Leader and a 15 year Service Award to J. Bradley Kutzner - Senior Civil Engineer. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to be heard. 6452 Page 2 - CITY OF POWAY - September 8, 1998 CONSENT CALENDAR Mayor Higginson stated that he had a request to pull Item No. 10 from the Consent Calendar for discussion. Item 11 was removed from the Consent Calendar at the request of the applicant. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the remainder of the Consent Calendar, as follows: 3. Ratification of Warrant Register for period of August 17-21, 1998. (401-10) Approval of Minutes - City Council August 13, 1998 - Adjourned Regular Meeting August 18, 1998 - Regular Meeting August 25, 1998 - Canceled Meeting Rejection of Claims for Damages: 1) Janice V. Wade, (2) Richard A. Housand, (3) Bob Barker, (4) Anthony Jucenas. (704-13) Resolution No. P-98-49 - Temporary Use Permit 98-45, Poway Days Committee, applicant, for the Annual Poway Community Days events beginning Saturday, September 12, 1998 through Sunday, September 27, 1998. (203-07) 8. Approval of Position on Pending Legislation: Oppose Proposition 9. (701-11 ) 9. Approval of Work Plan to Meet EPA Underground Storage Tank Upgrade Compliance Deadline. (1501-11 ) 11.1 Consideration of a request for Subordination per the Disposition and Development Agreement (DDA) between the Poway Redevelopment Agency and Matt Travis for the Property Near the Southeast Corner of Poway and Midland Roads (APN 317- 190-44). (602-01 273R / 1504-19) ITEM lA (203-11) GENERAL PLAN AMENDMENT/ZONE CHANGE 98-02 Mayor Higginson opened the public hearing and read the titles of the ordinances: A) Ordinance No. 504, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 98-02A)" and B) Ordinance No. 505, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC 98-02B)." 6453 Page 3 - CITY OF POWAY - September 8, 1998 Staff report by City Manager Bowersox. This GPA hearing includes two new requests based on previously denied GPA/ZC applications that were granted a rehearing based on new information. GPNZC 98-02A involves consideration of the redesignation of land use and zoning for a 1.36 acre commercial retail site located on the southeast corner of Community Road and Hilleary Place from Town Center (TC) to Commemial General (CG). GPNZC 98-02B involves consideration of the redesignation of land use and zoning for a 16.9 acre commercial retail site consisting of three separate parcels located south of Hilleary Place between Community Road and Midland Road form Town Center (TC) to Commercial General (CG). Speaking in support: Cheryl LaPorte, 14265 Jerome Drive, representing Town & Country Vet Hospital Deputy Mayor Goldby requested clarification as to how to go forward on this item and at the same time specify permitted and conditional uses to be allowed. City Attorney Eckis responded that Council should proceed with approval of the resolutions, hold the first reading of the ordinances and delay the second reading and adoption until the specific plan can be brought forward. Councilmember Cafagna inquired as to when the Conditional Use Permit process would commence. Director of Planning Services Wright-Quastler responded that the Conditional Use Permit and Specific Plan could be ready by October 6, 1998. Motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to close the public hearing; issue Negative Declarations; adopt Resolution No. 98-091, 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 98-02A) and Resolution No. 98-092, 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 98-02B); waive further reading of the titles of the Ordinances and set second readings as staff reports for October 6, 1998, Conditional Use Permit and Specific Plan to be considered at same time. Motion carried 4-1 with Councilmember Emery voting no. ITEM lB (203-01) TENTATIVE TRACT MAP 89-13R(2) APPLICANT: ENVIRONMENTAL DEVELOPMENT 6454 Page 4 - CITY OF POWAY - September 8, 1998 Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This is a request to modify the conditions of TTM 89-13R Old Coach Golf Estates for Phase 2 of 78 residential lots and a golf course on 549 acres of the 708 acre specific plan site lying along both sides of Old Coach Road beginning immediately north of Espola Road and extending to the north property line within the Old Coach Planned Community (PC) zone. Director of Planning Services Wright-Quastler reviewed the proposed amendments and responded to questions of the Council. Speaking in support: Bruce Tabb, 402 Broadway, San Diego representing Environmental Development responded to questions of the Council. Motion by Councilmember Cafagna, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-98-50, entitled, "A Resolution of the City Council of the City of Poway, California Concerning Parcels 3 and 4 Modifying Resolution No P-92-67, Tentative Parcel Map 92-04, Part of Tentative Tract Map 89-13 Revised (2)Assessor's Parcel Number APN: 277-170-01,04; 277-171-26." Motion carried 4-1 with Councilmember Emery voting no. ITEM 1 (701-04) ORDINANCE NO. 506/FIRST READING RETENTION OF SPECIFIED EMPLOYEES Mayor Higginson opened the public hearing and read the title of Ordinance No. 506, "An Ordinance of the City of Poway, California, Amending Chapter 2.16 of the Poway Municipal Code to provide for the retention of specified employees by contract terminable at will." Staff report by City Manager Bowersox, this ordinance amends the Poway Municipal Code to establish the City's top executive positions as "at will" employees who are exempt from the personnel system and serving at the pleasure of the City Manager. Additionally, there is an accompanying resolution approving the form of contract with specified employees which will also be brought back for adoption at the September 22, 1998 meeting. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to waive further reading and continue the public hearing to September 22, 1998 for second reading and adoption of the ordinance and resolution. 6455 Page 5 - CITY OF POWAY - September 8, 1998 ITEM 2 (1401-03) ARBOLITOS SPORTS FIELD LIGHTING Introduction by City Manager Bowersox. Arbolitos Sports Field was opened for use on September 27, 1997. Since opening, the fields have been in continuous use and demand by user groups such as Poway Youth Soccer, Pop Warner Football, church group soccer and football, and adult men's and women's soccer games. When the Conditional Use Permit was reviewed, considerable discussion occurred on whether to provide lights. The Parks and Recreation Advisory Committee recommended lighting be installed in order to maximize field use. The majority of the surrounding neighbors opposed the lights citing concerns with the effects of the lights, noise and traffic. Council approved the Conditional Use Permit without lights. In February of 1998, the Parks and Recreation Advisory Committee requested the Council appropriate funds to conduct a lighting demonstration in order to evaluate the effect of lights and associated noise on the surrounding neighborhood. The results of the demonstration were presented in June to the Parks and Recreation Advisory Committee. At the conclusion of the discussion, the Committee voted to recommend to the City Council that lights be installed and kept on no later than 9:00 p.m. Cost estimates to provide lights for both fields is approximately $200,000 which is not feasible in the FY 1998-99 budget. Staff is recommending the report be received and filed and any decision to install lighting be considered as part of the FY 1999-2000 budget process. The following persons were present wishing to speak: Elaine Flynn, 14138 Arbolitos Dr. - opposed Tom Tucker, 14472 Crestwood Ave. - opposed Merrilee Boyack, 14418 Crestwood Ave. - opposed Doris & Chuck Trout, 14464 Crestwood Ave. - opposed Tom Perrine, 13264 Olive Meadows Dr. - support Cheri Manis, 14426 Crestwood Dr. -opposed Nell Tarzy, 14463 Maplewood St. - support Yvette Reidy, 14402 Crestwood Ave. - opposed Thomas Reidy, 14402 Crestwood Ave. - opposed Ellen Bernee, P.O. Box 823, representing the Pomerado Pines HOA - support Bob Manis, 14426 Crestwood Ave. - opposed Councilmember Emery stated he would not be supporting the placement of lights in the park. Councilmember Cafagna stated that he was unaware that the item on the agenda was to vote on lights in the park. Tonight was to receive a report on a test performed on impacts 6456 Page 6 - CITY OF POWAY - September 8, 1998 lighting may have in the park. Council had chosen to listen to an opposing view regarding the lights. A clear decision was previously made against lights on the field. Having decided that further testimony was not necessary, motion by Councilmember Cafagna, seconded by Councilmember Rexford, to receive and file the report. Councilmember Emery requested clarification as the staff recommendation was to delay any decision until the budget year which leaves the item open ended. Motion carried 3-2 with Councilmember Emery and Deputy Mayor Goldby voting no. ITEM 10 (203-10) LANDSCAPE PLAN APPROVAL MINOR DEVELOPMENT REVIEW 98-08 APPLICANT'S PAUL AND DONNA LECOMTE Mayor Higginson stated that this item was pulled by Deputy Mayor Goldby for discussion. Staff report by City Manager Bowersox. This is a request for review and approval of the proposed landscape plan to satisfy the condition of approval for an appealed minor development review to construct a 3250 square foot two-story residence on a 1.10 acre vacant lot located at 17050 Edina Court. Deputy Mayor Goldby inquired as to whether a letter received from the Rabbi was in support or opposition to the project. Director of Planning Services Wright-Quastler responded that mutual meetings had been held between the applicant and neighbor Mrs. Levine to attempt to work out Mrs. Levine's request for additional landscaping. Mrs. Levine did not accept the final offer. Staff believes the LeComte's proposal meets Council's requirements. Merle Watson, 1984 Greenview, Escondido, Landscape Architect representing Mrs. Levine addressed the Council as to what they felt to be reasonable. Paul LeComte, 17050 Edina Court, property owner, responded to comments made by Mr. Watson and explained the changes they made to their plans to accommodate Mrs. Levine. Motion by Councilmember Emery, seconded by Councilmember Cafagna, to approve the Landscape Plan for Minor Development Review 98-08. Motion carried 4-1 with Deputy Mayor Goldby voting no. 6457 Page 7 - CITY OF POWAY - September 8, 1998 ITEM 11 (203-10) MINOR DEVELOPMENT REVIEW 98-61 APPLICANT'S: JIM HYSLOP AND ANNE O'DELL A request to construct a 2,250 square foot home and tennis court on an 18.8 acre parcel located at 15450 Highway 67. The applicant requested staff remove this item from Consent Calendar to allow time to evaluate the project design. The project will be rescheduled and new notices sent when the applicant requests the process be resumed. CITY ATTORNEY ITEMS City Attorney Eckis stated that he had been appointed to the League of California Cities General Resolution Committee. MAYOR AND CITY COUNCIL-INITIATED ITEMS 15A. 16. 17. Councilmember Emery stated his request for discussion of the gated communities policy need not be held. Deputy Mayor Goldby encouraged staff to work with the Trails Subcommittee on all equestrian trails issues. Councilmember Rexford stated that she had attended the Miramar Ranch Meeting and expressed concerns with the Scripps Ranch Planning Board recommendations that would affect Poway. She will work with staff to draft letters to the group and the Scripps Ranch Marine Group stating that we all need to work together. ADJOURNMENT Mayor Higginson adjourned the meeting at 8:47 p.m. on motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to September 10, 1998 at 6:00 p.m. in the Council Chambers. Lo"~i'A~ne P~(~ples, City Ce~k City of Poway 6458