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CC 2001 01-09NOTICE NOTICE IS HEREBY GIVEN THAT THE JANUARY 9, 2001, 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 Emery, seconded by Councilmember Higginson, Mayor Cafagna ordered the meeting adjourned to 6:00 p.m. Thursday, January 11, 2001 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:43 p.m. Dated: January 10, 2001 L~-'~i ~knne P~oples, City Clerk City of Poway, California 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: January 10, 2001 ~'~riJAnne Peoples, Cit~ Cl~rk City of Poway, California CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 9, 2001 The January 9, 2001, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Leonard Zuniga Javid Siminou Patti Brindle Mike Robinson Jennifer Johnson City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriffs Lieutenant City Engineer City Planner Traffic Engineer Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATION Council heard a report by Teen Issues Committee Members Katherine Schatzberg, Kasey Flanagan and Christopher Mason on their attendance at the League of California Cities Conference - September 2000. 7127 Page 2 - CITY OF POWAY - January 9, 2001 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Howard Stacklin, 13149 Tobiasson Road, expressed his views on the electrical shortage. CONSENT CALENDAR Deputy Mayor Goldby requested Item 13 be pulled for discussion. City Attorney Eckis noted that an additional item needed to be placed onto the Consent Calendar as the need to take action arose after the posting of the Agenda. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to add Item 14.2 to the Consent Calendar pertaining to the adoption of a Resolution authorizing the granting of an easement to SDG&E enabling them to install a power pole in the Heritage project. Motion carried unanimously. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Periods December 4-8, 2000 and December 11-15, 2000. (401-10) Approval of Minutes - City Council November 28, 2000 - Regular Meeting December 5, 2000 - Regular Meeting December 12, 2000 - Regular Meeting 10. Acceptance of City s Investment Report as of November 30, 2000. (408-01) 11. 12. Adoption of Resolution No. F-01-01- Waiving Annual Meeting of Public Financing Authority. (405-00R) Concurrence on Application of Section 16.16.110 of the Poway Municipal Code Pertaining to the Vacation of Open Space Easements to Allow Approval of MDRA 00-119 - Construction of a Tennis Court at 17035 Edina Court. (203-10) 14. Approval of a Report of Administrative Action Taken on City Council-Initiated and Public Inquiry Items for the Period of August 29, 2000 through November 30, 2000. (701-10) 7128 Page 3 - CITY OF POWAY - January 9, 2001 14.1 Annual Redevelopment Agency Report, including an Independent Financial Audit Report and Opinion Regarding the Agency's Compliance with Laws, Regulations and Administrative Requirements Governing Activities of the Agency; the Report of Financial Transactions of Community Redevelopment Agencies (State Contreller's Report); and the State Department of Housing and Community Development Schedules A, B, C, D, and E for Fiscal Year 1999-2000. (406-02) 14.2 Adoption of Resolution No. 01-001 - Granting an Easement to San Diego Gas and Electric Company within Lot Q of Tract Map 89-13R, The Heritage, Phase 1, Unit 2. (203-01/705-09/705-10) Motion carried unanimously. ITEM I (701-04) ORDINANCE NO. 534/FIRST READING ESTABLISHING A REDUCED SPEED LIMIT OLD POMERADO ROAD BETTE BENDIXEN PARK Mayor Cafagna opened the public hearing. Intreduction by City Manager Bowersox. Resident concerns initiated an engineering and traffic study to review safety on Old Pomerado Road areund the new Bette Bendixen Park. Concerns centered on speeding on Old Pomerado, access to the park for children who live acress the street, and location of parking restrictions in the area. California Vehicle Code 22357.1 allows for a local authority to set a prima facie speed of 25 miles per hour on any street, other than a state highway, adjacent to any children's playground in a public park. The Code also specifies that the speed limit is to be in effect only during particular hours or days, when children are expected to use the facilities. The hours during which this speed limit would be most apprepriate would be between 6:00 a.m. and 9:00 p.m. The Traffic Safety Committee concurred with staff findings and recommends appreval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further reading and continue the public hearing to January 23, 2001 for second reading and adoption. Motion carried unanimously. 7129 Page 3 - CITY OF POWAY - January 9, 2001 ITEM 2 (203-24) MINOR CONDITIONAL USE PERMIT 95-02M 13264 POWAY ROAD APPLICANT: BONNIE MANLEY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow the expansion of an existing beauty school into an adjacent suite in the Lively Shopping Center at 13264 Poway Road. The following people were present wishing to speak: DeAnne Erickson, 13248 Poway Road, expressed concerns with parking. Bonnie Manley, applicant, responded to the concerns and questions of the Council. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-01-01, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 95-02M Assessor's Parcel Number 317-101-42," as amended to include a condition for the applicant to encourage the students and employees to park in the rear of the complex in order to facilitate customer parking in the front parking lot. Motion carried unanimously. ITEM 3 (203-15) REQUEST FOR REHEARING COMPREHENSIVE SIGN PROGRAM (CSP) 00-03 APPLIC. ANT: NAPOI I ~[J~INF~ PARK Staff report by City Manager Bowersox. This item was originally scheduled for November 14, 2000 then continued to November 28, December 5 and to tonight at the applicant's request to allow additional time to discuss the address signage compliance issue with staff. Staff has reviewed the applicant's justification and does not believe that there is any justification to determine the address signs as legal due to their height. The proposed resolution requires the applicant to bring the signs into conformance by September 26, 2002. In addition, the address signs will be taken into account when determining allowable signage during the review of individual sign permit requests at the subject site. The proposed resolution would rescind Resolution No. P-00-79. The following person was present wishing to speak: 7130 Page 4 - CITY OF POWAY - January 9, 2001 Cynthia Eldred, 401 "B" Street, Suite 1200, San Diego, Attorney representing Napoli Business Park, spoke in support of staff recommendation. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to adopt Planning Resolution No. P-01-02, entitled, "A Resolution of the City Council of the City of Poway, California Approving Comprehensive Sign Program 00-03 and Rescinding Resolution No. P-00-79 Assessor's Parcel Number 317-223-19. Motion carried unanimously. ITEM 4 (203-24) ANNUAL REVIEW MINOR CONDITIONAL USE PERMIT 99-08 APPLICANT: DlXlELINE LUMBER COMPANY Staff report by City Manager Bowersox. This Minor Conditional Use Permit to temporarily place a mini storage unit in the side loading areas of the building located at 13345 Poway Road was approved on January 11,2000. The conditions specified that the Council review the permit at the first meeting in January 2001 to review the applicant's intentions to bring the property into compliance. Staff recommends that Council find that no substantive change has occurred for a permanent structure/solution to handle the surplus storage needs and set a mid-year review of the MCUP in June 2001. The following person was present wishing to speak: Jack Duncan, 3250 Sports Arena Boulevard, San Diego, representing Dixieline, spoke in support of the staff recommendation. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve staff recommendation. Motion carried unanimously. ITEM 5 (701-04) RODEO ORDINANCE SURVEY RESULTS Staff report by City Manager Bowersox. During Public Oral Communications on September 12, 2000, the Council was asked to review and consider adopting an ordinance to ban certain devises from Poway rodeos and to require an on-site veterinarian. Since then staff has distributed a questionnaire to all 58 counties and 41 cities with Professional Rodeo Cowboys Association (PRCA) sanctioned rodeos in order to survey the frequency of rodeo ordinances adopted in California and the specifications of the adopted ordinances. 7131 Page 6 - CITY OF POWAY - January 9, 2001 The following people were present wishing to speak: Christopher Hansmeyer, 501 W. Broadway, San Diego, representing the San Diego Animal Advocates (SDAA), spoke in support of the ordinance format they had submitted. Dani Dennenberg, 8720 Villa La Jolla Dr. #119, La Jolla, spoke in support of the SDAA proposed ordinance. Pamela Conley, 14133 Tarzana Road, spoke in support of the SDAA proposed ordinance. Barbara Caliri, 7283 Countryhaven, Encinitas, spoke in support of the SDAA proposed ordinance. Pam Moore, 18555 Wild Horse Creek, spoke in opposition to rodeos. Tom Moore, 18555 Wild Horse Creek, spoke in support of the SDAA proposed ordinance. Linda Kelson, 10957 Elderwood Lane, San Diego, spoke in support of the SDAA proposed ordinance. Anita Gentry, 15415 Eastvale Road, requested the rodeo be left "as is." Russ Sheldon, 14325 Midland Road, requested the rodeo be left "as is." Greg Johnson, 14626 Sunrise Canyon Road, requested the rodeo be left "as is." Tamara Bond, 10214 Black Mountain Road, #50, San Diego, spoke in support of the SDAA proposed ordinance. Jim Piva, 12823 Pomerado Road, requested the rodeo be left "as is." Jim Hicks, 13869 Putney Road, requested the rodeo be left "as is." Motion by Councilmember Emery, seconded by Councilmember Rexford, to direct the City Attorney to bring back Council comments in Ordinance form for adoption, to include that a Veterinarian be required to be on site at all times during the Rodeo, banning the use of flank straps, allowing the use of an electric prod only to move the animals. Motion failed 2- 3 with Deputy Mayor Goldby, Councilmember Higginson and Mayor Cafagna voting "no." Motion by Mayor Cafagna, seconded by Deputy Mayor Goldby, to direct the City Attorney to bring back an Ordinance for adoption, to include that a large animal Veterinarian be required to be on site at all times during the Rodeo, authorizing the use of fleece-lined flank straps only, allowing the use of an electric prod only for loading/moving of the animals and to provide notice to San Diego County Animal Control Officers of the Rodeo and allowing them access. Motion carried 3-2 with Councilmember Emery and Councilmember Rexford voting "no." Mayor Cafagna called for a brief recess at 8:25 p.m. Council reconvened at 8:30 p.m. with all members present. 7132 Page 7 - CITY OF POWAY - January 9, 2001 ITEM 6 (1163-01) PARKING CONTROL LIMITED TIME PARKING RESTRICTIONS RIPARIAN/OAKSTAN D/DOVEWOOD/YELLOWTHROAT DODDER/BROMEGRASS/DEERGRASS/RIVERBEND SUMMERSAGE/DOGWOOD Staff report by City Manager Bowersox. Since 1988 residents of the subdivisions behind Poway High School have experienced problems with students parking and creating disturbances on their streets. These problems exist because of inadequate onsite parking facilities at Poway High School. To help improve conditions initially, Council approved time limited parking restrictions (8 am to 10 am) in 1990 along several streets in the area including Riparian Road, Summersage Road and Oakstand Road. When Rancho Berardo High School opened, it reduced the student population and alleviated the parking problem. As a result the restrictions were eliminated in 1991 at resident request. Once again, the student population has risen to previous levels and has become problematic. In March 1999, a resident of Dodder Court requested the restrictions be extended to include his street. A petition confirmed the majority of residents prefer parking restrictions to student parking. Staff is recommending the Council consider adoption of a resolution establishing time limited parking restrictions on Riparian Road, Oakstand Road, Dovewood Court, Yellowthroat Court, Dodder Court, Oakstand Court, Deergrass Court, Bromegrass Court and Lake Poway Road from Prairie Vista Road to 1000 feet west of Bromegrass Court. The following people were present wishing to speak: Mike Beach, 15816 Summersage Road, requested the rest of the street be included. Kathleen Hill, 12900 Camino del Valle, spoke in opposition. Charles Schwan, 13889 Lake Poway Road, spoke in support. Karen Sanchez, 15655 Oakstand Road, spoke in support. Betty Edney, 13892 Dodder Court, spoke in support. Jorge Sanchez, 15655 Oakstand Road, spoke in support. Kathy Lloyd, 13932 Dodder Court, spoke in support. Mary Thead, 15835 Bromegrass Court, spoke in support. Terry Rudolph, 13814 Lake Poway Road, spoke in support. Jennifer Harris, 13824 Lake Poway Road, spoke in support. Markie Spittler, 15795 Dovewood Court, spoke in support. Mike Kroopf, 15775 Riparian, spoke in support. Kevin Calmenson, 12619 Stoutwood Street, spoke in opposition. Charles Fausbender, 15864 Bromegrass Court, spoke in support. Sue Halfaker, 15864 Oakstand, spoke in support. 7133 Page 8 - CITY OF POWAY - January 9, 2001 Harry Simon, 13937 Dodder Court, spoke in support. James Everett, 15614 Oakstand spoke in support. David Armstrong, 13862 Deergrass Court, spoke in support. Shirley Rible, 13892 Oakstand Road, spoke in support. Ken Knapp, 15854 Riparian Road, spoke in support. Tim Horton, 16458 Bridlewood Road, spoke in opposition. Lori Simon, 15517 Oakstand Court, stated her cul-de-sac was opposed for their street only and would submit a petition signed by the neighbors. Kara Mangum, 18111 Old Coach Road, spoke in opposition. Liz Haman, 13654 Sagewood Drive, spoke in opposition. Chris Mangum, 18111 Old Coach Road, spoke in opposition. Mary Romag, 14196 Donart Drive, Poway High School PTSA, spoke in opposition. Terry Keyes, 15636 Oakstand, spoke in support. Bill Thead, 15835 Bromegrass Court, spoke in support. Scott Fisher, 13562 Willow Run Road, Poway High School Principal, spoke neutral. Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt Resolution No. 01-002, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding resolution No. 98-090; and Establishing Time Limited Parking Restrictions on Riparian Road, Oakstand Road, Dovewood Court, Yellowthroat Road, Dodder Court, Bromegrass Court, Deergrass Court and a Segment of Lake Poway Road from prairie Vista Road to 1000 Feet West of Bromegrass Court," as amended to include the remainder of Summersage down to Lake Poway Road and Riverbend Court and Road and Dogwood Court and Road in the streets designated for time limited parking and to remove Oakstand Court if provided with a petition from the neighbors so requesting. Staff directed to initiate increased law enforcement in the neighborhoods surrounding the high school, look into "smarter parking" such as painting curbs by driveways and intersections red, establishing parking on one side of the street only etc., initiate dialogue with PUSD regarding the parking lottery system, restriping of the parking lot, paving of Lot F and having students park at Lake Poway and be shuttled to the high school. Motion carried unanimously. ITEM 13 (602-01 #408) ASSIGNMENT OF LEASE LAKE POWAY CONCESSION DICKIE HOUGAN AND POTENCIANA CYNTHIA HOUGAN Deputy Mayor Goldby stated he had pulled this item merely to comment on what a good job the Hougans were doing. 7134 Page 9 - CITY OF POWAY - January 9, 2001 Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the assignment of the lease. Motion carried unanimously. MAYOR AND CITY COUNCIL - INITIATED ITEMS 20. Councilmember Rexford requested and received Council concurrence to request staff provide an update on brush management for fire protection and the Habitat Conservation Plan. ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:43 p.m., on motion by Councilmember Emery, seconded by Councilmember Higginson. Lori ~nne Peoples, City Cl~rl~ - City of Poway 7135