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1995 02-28 Agenda - CITY OF POWAY * It!i¥;:~,I~U'~lg':I.§~Bj1'i~:19ËÐ~1 REGULAR MEETING. FEBRUARY 28,1995.7:00 P.M. - CITY COUNCIL CHAMBERS -13325 CIVIC CENTER DRIVE MEETING CALLED TO ORDER AS CITY COUNCIL/PLANNING COMMISSION/REDEVELOPMENT AGENCY 1. ROLL CALL - CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON 2. PLEDGE OF ALLEGIANCE - DEPUTY MAYOR CAllERY 3. hool for "Grad 4. STATE OF THE CITY ADDRESS by Mayor Don Higginson 5. PUBLIC ORAL COMMUNICATIONS (State law may prohibit the City Council from taking action on items not on the agenda. Your concerns will be referred to staff.) CONSENT CALENDAR - NOTICE TO PUBLIC ITEMS NUMBERED 19 THROUGH 28 MAY BE ENACTED IN ONE MOTION AT THIS POINT IN THE MEETING. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME COUNCIL VOTES ON THE MOTION UNLESS THE MEMBERS OF COUNCIL, STAFF OR THE PUBLIC REQUEST SPECIFIC ITEMS TO BE REMOVED AND DISCUSSED SEPARATELY. THOSE ITEMS WHICH ARE REMOVED WILL BE CONSIDERED IN THE ORDER THEY APPEAR ON THE AGENDA. IF YOU WISH TO PULL AN ITEM, PLEASE FILL OUT A SLIP AND GIVE IT TO THE CITY CLERK. NEW PUBLIC HEARINGS 6.* Rehearing of Conditional Use Permit 94-17 and Variance 94-10, Ric and Barbara DuDeck, appl icants: a request to 1 ega 1 i ze an exi st ing second living unit which would permit its rental and a variance to allow the placement of a carport wi thi n the side-yard setback area for property located at 12859 Luiseno Drive. (Originally approved on January 3,1995, Item 8). (203-08) CITY MANAGER'S RECOMMENDATION: Take public input; close public hearing; adopt Planning Resolution approving with conditions. 7.* Envi ronmenta 1 Assessment, Condit i onal Use Permi t 95-01 and Development Review 95-01, City of Poway, applicant: a request to construct a 4,000 square foot administration building at the Operations Center/Berglund Water Treatment Plant complex; located at 14521 and 14445 lake Poway Road. The project also involves various upgrades to the Berglund Water Treatment Plant, the construction of a 1,200 square foot addition to the control building, the addition of a water storage tank and the replacement of existing chemical storage tanks, water filters and the clearwell cover. (203-08) CITY MANAGER'S RECOMMENDATION: Take public input; close the public hearing; issue a Negative Declaration with Mitigation Measures; adopt Planning Resolution approving with conditions. --------------- CITY OF POWAY - CITY COUNCIL AGENDA. FEBRUARY 28, 1995 - PAGE TWO 8.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Schreiber -- APN 324-070-04 -- Full Taking) (1002-01 ) CITY MANAGER'S RECOMMENDATION: Take public input; close the publ ic hearing; adopt Reso 1 uti on di recti ng the City Attorney to acqu ire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 9.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - King -- APN 324-010-70 -- Partial Taking) (1002-01) CITY MANAGER'S RECOMMENDATION: Take publ ic input; close the public hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 10.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Poway FTC 142 Limited Partnership -- APNs 324-070-03, 324-011-03 -- Partial Takings) (1002-01) CITY MANAGER'S RECOMMENDATION: Take public input; close the publ ic hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 11.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Fisher Enterprises -- APN 324-011-14 -- Partial Taking) (1002-01) CITY MANAGER'S RECOMMENDATION: Take public input; close the public hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 12.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Sanrex Co., Ltd. -- APNs 323-080-03,323-080- 04, 323-110-59 -- Partial Takings). (1002-01) CITY MANAGER'S RECOMMENDATION: Take publ ic input; close the public hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. * Exhibit Enclosed # Exhibit in Preparation - CITY OF POWAY - CITY \'ùUNCIL AGENDA - FEBRUARY 2b, 1995 - PAGE THREE 13.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquiredUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Point Lorna Nazarene College/Salisbury -- APN 323-110-28 -- Partial Taking). (1002-01) CITY MANAGER'S RECOMMENDATION: Take publ ic input; close the publ ic hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 14.* Resolution No. 95- - Finding and Determining the Necessity to Acquire Certain Property inthe City of Poway by the City of Poway by Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Pallas Sprague -- APN 323-100-05 -- Partial Taking) (1002-01) CITY MANAGER'S RECOMMENDATION: Take public input; close the publ ic hearing; adopt Resolution directing the City Attorney to acquire the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 15.* Resolution No. 95- - Finding and Determining the Necessity that Certain Property be AcquirëOUnder Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Right-of-Way for Scripps Poway Parkway East - Tech Business Center -- APNs 323-090-65,323- 091-03 -- Partial Takings) (1002-01) CITY MANAGER'S RECOMMENDATION: Take public input; close the public heari ng; adopt Resol ut ion di rect i ng the Ci ty Attorney to acqui re the necessary right-of-way for construction of the Scripps Poway Parkway East improvements. 16.* Ordinance No. - "An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the Poway Municipal Code Regarding Graffiti." This amendment will allow for civil liability of parents or guardians of juveniles convicted of graffiti offenses to a maximum of $25,000 per incident. (701-04) CITY MANAGER'S RECOMMENDATIDN: Take public input; read title and waive further reading (unanimous vote); continue public hearing to March 14, 1995 for second reading of the ordinance. STAFF REPORTS 17.* Response to Public Oral Communi cat ions regarding excessive military aircraft noise (referred from January 31, 1995, Item 4) (1180-03) CITY MANAGER'S RECOMMENDATION: Receive and file * Exh,bit Enclosed # Exhibit in Preparation ------- CITY OF POWAY - CITY COUNCIL AGENDA - FEBRUARY 28,1995 - PAGE FOUR 18.* Response to Public Oral Communications regarding drainage problems on Golden Way (referred from January 31, 1995, Item 4). (1170-05) CITY MANAGER'S RECOMMENDATION: Direct staff to consider studying channel improvements to the area between Gate Drive and Neddick Avenue in the future Capital Improvement Program. Staff will meet with residents to discuss means to increase channel capacity to reduce localized flooding. CONSENT CALENDAR 19.* Approval of Minutes - City Council January 24, 1995, Cancelled Meeting January 31, 1995, Regular Meeting February 7, 1995, Regular Meeting 20.* Approval of Minutes - Redevelopment Agency January 24, 1995, Cancelled Meeting January 31, 1995, Regular Meeting February 7, 1995, Regular Meeting 21.* Ratification of Warrant Registers for period of January 30-February 3, 1995, and February 6-10, 1995. (401-10) 22.* Approval of City's Investment Report: January 31, 1995. (408-01) 23.* Denial of claims for damages: A) Joe and Kellie Fraccalvieri; B) Brian K. Martinson; and C) John l. Johnston. (704-13) 24.* Acceptance of Espola Road/Valle Verde reconstruction from Superior Ready Mix. (407-4328) (602-01 #1026) 25.* Acceptance of the Community Road widening improvements from Poway Road to Civic Center Drive. (5277) (602-01 #218R) 26.* Approval of the extensi on of two Standard Agreements, All an Royster applicant, located at the southeast corner of Stone Canyon and Pomerado Roads: Phase I, Tentative Map 88-13, Stone Canyon Court to February 28, 1996; and Phase 2, Tentative Map 90-04, Footman lane II to February 28, 1997. (602-01 #740 & #973) 27.* Authori ze acqui sit i on of ri ght-of-way and mi t igat i on 1 and for Scri pps Poway Parkway East, located east of Sycamore Canyon Road west of SR 67; Doris Schreiber, owner. (1002-01R) 28.* Approval of an agreement with the County of San Diego for the Management and Implementation of the CDBG Funded Housing Rehabilitation Program, a 20th Year project, to enable the County to reimburse the City a total of $110,070 in CDBG funding for the completion of housing rehabilitation projects for low and very-low income Poway residents. (602-01 #979) * Exhibit Enclosed # Exhibit in Preparation CITY OF POWAY - CITY .)UNCIL AGENDA - FEBRUARY:", 1995 - PAGE FIVE JOINT MEETING WITH THE REDEVELOPMENT & HOUSING ADVISORY COMMITTEE 29.* Discussion of the process for reallocation of senior and family housing on housing sites pursuant to the judgement order in the case of Smith vs. All Persons. (208-00) EXECUTIVE DIRECTOR'S RECOMMENDATION: ~~)~~~¡ CITY MANAGER ITEMS 30. CITY ATTORNEY ITEMS 31. MAYOR AND CITY COUNCIL-INITIATED ITEMS 32. MICKEY CAFAGNA 33. SUSAN CAllERY 34. ROBERT EMERY 35. BETTY REXFORD 36. DON HIGGINSON ADJOURNMENT Adjournment to Thursday, March 2, 1995,6:00 p.m., City Council Chambers, 13325 Civic Center Drive. AGENDA FOR MARCH 2,1995 1. Discussion of proposed amendments to the special events signage regulations (referred from November 9, 1993, Item 8). ------ STATE OF THE CITY February 28, 1995 On an annual basis, the Mayor is asked to provide a State of the City address in order to provide our citizens an update on the performance of the City over the past year, and look towards the upcoming year in relation to our ongoing budget, projects, and long-term goals. In preparing for this overview, I was reminded that in Paris there is a famous gallery of art called the Louvre where many treasures of uncalculated value are kept. In the centuries since it was converted from the royal palace of France into their national museum, the Louvre has acquired a great collection of masterpieces that unfailingly speak the poetry and drama of man's existence and inspire the full spectrum of emotion in some three million people every year from all over the world. These people come away enthralled and uplifted by the majestic beauty of what they see. One of these paintings, which was exhibited for a short period in New York and Washington, has an insurance value of $100,000,000; however, its real value may be much greater than that. Once a group of tourists was being taken through this great gallery. There was considerable agitation among them in anticipation of seeing this famous painting. Further interest was added by the fact that it was protected twenty-four d - ¡ 8 -<1 S -:#-'-7 ------ hours a day by an armed guard. As the tourists approached the picture, one of them said, "I don't see anything so hot about that." To which the guard said, "But don't you wish you could?" While representing our City throughout the County, I often hear remarks about what a "jewel" or "masterpiece" that Poway is. Likewise, within the City, during the last year, I heard during different community meetings, breakfasts, teas, luncheons and coffees, this same message. However, at the same time, we seem to have some individuals, like the person at the Louvre, who didn't see anything so hot about Poway. While we don't discount the fact that there will, and should, be negative comments from time to time, I have witnessed a handful of individuals where negativism and emotionalism is their common theme, which reoccurs with them over and over. While these people can continue to dwell on the negative, we as a Council, while addressing the negative, must remain focused on the positive. In the spirit of this year's number one TV drama series, "ER," I would like to announce that Poway is alert and attentive, with strong vital signs. In looking back to 1994, as earlier noted, this was an election year, and often the public does not realize the difficulties of performing municipal business in the sometimes circus 2 atmosphere of an election. Notwithstanding, 1994 was a year of many achievements due to long-range planning. ~ . Poway continues to have a balanced budgetnwith no prognosis to suggest otherwise--yet we will remain aggressive in Sacramento, and locally, to ensure that as caretakers, our budget remains solvent. . The Scripps Poway Parkway is on line and funded, to be completed in December 1996; and in fact, we are taking certain actions tonight in furtherance of that goal. . This past July, we dedicated the Old Poway Railroad, another important, fun-filled event in the overall development of Old Poway Park, and all who have been to enjoy the festivities and fun-filled action at the park can attest to its magic. . We have moved forward this year with a new concept of "Mini-Parks," and have two such projects underway. . Poway experienced an 11 % drop in our crime rate due to proactive approaches, included our first graduating class of the RSVP (Retired Senior Volunteer Program) suggested by then Deputy Mayor Bob Emery. 3 . Due to the involvement of Deputy Mayor Susan Callery, the "Pryde Program" was instituted in Poway, which is a private/public venture between the YMCA, with federal funds which should help over 200 potentially at-risk kids. . Poway added new apparatuses to our safety services, including a new fire engine and ambulance, and completed improvements to our internal circulation element as evidenced by the intersection at Community and Po way Road. . While the economy has impacted our Business Park, the developed land is 96% leased, with one of the lowest vacancy rates in the County. These are just a few of the many advances Poway took during the last calendar year which resulted from many hours of involvement by community volunteers and our hard-working and diligent staff. ~ Looking toward the future, it is interesting to note that when Poway incorporated, we had 33,000 residents, and now there are a little over 47,000. Accordingly, we have 14,000 new residents since incorporating, and of the then 4 33,000, I trust a proportion of those have also turned over. Therefore, we have a high propensity of people in this City who were not here at the time of incorporation. This fact was borne out during my campaign talking at different functions and localities. . This is why I look with great anticipation to a "new community survey" which we are currently developing. I believe this will help bridge some of the questions and concerns raised throughout this City as to a perceived lack of communication and provide this Council a foundation of "proper information" from the community and a platform for them to provide ample communication back to the Council. . In the area of public safety, we will be adding a "juvenile intervention officer" to add proactive work with our middle school children. This officer will be funded through the "COPS FAST" program. . Due to the recent weather we have encountered, many of us note the wear, tear, and stress on our street infrastructure. Therefore, I have directed staff to increase our street maintenance budget over the next five years by $100,000 per year which will bring us from $700,000 per year to $1.2 million. . In relation to these types of budget priorities, I have also challenged our staff to reduce our Performing Arts Center (PAC) subsidy over the next five years to 30% of operating costs beginning with a $75,000 savings 5 . ---------".. - this year. This savings would allow us some ability to help in a realistic financing program for our library and other needs that might be outstanding. . In 1995, we will witness the groundbreaking for our library and Sheriff substation. . The City of Poway has formed a partnership with the business community to foster economic development and to retain existing Poway businesses. In 1995, the Council will initiate a program to recognize an investment in our community demonstrated by any business which substantially upgrades or enhances their facility. I am pleased to announce the beginning of the quarterly Commercial Enhancement Award. LEGISLATION I will be asking staff and the Council to strongly lobby in Sacramento in a number of areas. . This will include legislation to allow sales tax on leased autos to be recouped 100% by the City. . Legislation to address the affordability gap for our residential rehabilitation programs. 6 . Needed legislation regarding additional housing element amendments to AB764, and, working with Assemblyman Jan Goldsmith towards a pilot program for our County to allow self-certification, and, to look towards a lawful ordinance which further broadens the Council's discretion over second-dwelling units. In many ways, our City has come full circle. Our original "community survey" was commenced shortly after incorporation, and we are now looking at a new one. Likewise, at the time of incorporation, giving credit to the original Council, they were required to make some tough and difficult decisions based on a new city, with new rules and new regulations, and we now find ourselves there again in regards to different items that will present themselves as we revitalize Poway Road and move forward with our Business Park, yet, continue to maintain the integrity of our General Plan. In looking back on 1994, and looking into the future, I can proudly announce that the State of the City is in good hands with a fair and hard-working Council. We are moving forward with long-term planning, and that while those plans will be fine-tuned and tweaked from time to time, based on public input and new trends, we have much to be proud of. We can only hope that we experience more 7 -'"' individuals coming before us on a weekly basis who, instead of stating, like the tourist at the Louvre, that "I don't see anything so hot about Poway," that they can actually witness for themselves that Poway is a majestic and wonderful place to live." dow\S1atocty,195 8 Green VaDey CivIc AssoeIation February 27, 1995 Ms- Reba Wright-Quasler Director of Planning Services City ofPoway 13325 Civic Center Drive Poway, CA 92064 RE: Old Coach Golf Estates Project Dear Reba: As you know, the GVCA has received concerns from our members over the recent series of events relating to the referenced project The purpose of this letter is to raise a few questions that need to be addressed. Specifically, we would appreciate it if the Planning Services Department would provide the GVCA with answers to the following questions. 1. Where will the two golf holes, which are proposed to be eliminated from Parcell, be relocated- 2. The new tentative map indicates the "remainder parcel" no longer has four residential lots- If this is correct, what is being proposed for that parcel? 3. The proposed map indicates an increase in the number of residential lots on Parcell from 74 to 78- Does this represent an increase in the total number of residential lots or is this increase offset by the elimination off our residential lots on the "remainder parcel"? 4. How could these substantive changes in the map be made administratively without Council approval? How could they be categorized as simple "boundary adjustments"? 5- Why were the changes in land use not shown in the information provided the residents who were noticed of the "boundary adjustments"? Shouldn't all affected residents be renoticed with complete information? We believe a more complete understanding of the changes being proposed is needed before we or the residents directly affected can respond positively or negatively, and, before the proposed changes can be approved for implementation. d- -). ~ -'\ ') ~S --------.----------.-.---.--------------- -. .--------- ---. Ms. Reba Wright-Quasler February 28, 1995 Page 2 Given the historic interest of the community in this important project and in view of the careful scrutiny devoted to the original plan by the Council and the public, it seems to us inappropriate that changes of this magnitude should be made administratively- We are not only interested in fully understanding what changes are being proposed at this time but, also, we are concerned about the procedures which will be followed in the future in the event additional changes are proposed. I would appreciate receiving a written response to these questions and comments. Thank you for your continued cooperation, and please feel ftee to call with any questions: s~ø-- dei rt Vice Pres. 16344 Martincoit Road Poway, CA 92064 (619) 546-4635 cc: Jerry Hargarten, GVCA President Bob Hessler, GVCA Community Protection Chairman - ---------------- ------ ------,-----------