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.
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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)."
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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
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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.
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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
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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.
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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