1995 03-14 Agenda CITY OF POWAY
REGULAR MEETING - MARCH 14, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS - 13325 CIVIC CENTER DRIVE
MEETING CALLED TO ORDER AS CITY COUNCIL/PLANNING COMMISSION/REDEVELOPMENT AGENCY
1. - CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
2. : - DEPUTY MAYOR CALLERY
3. IL 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-
I JMg 15 T' ..m I~GH ~ Y E -- C ED N NE I AT T 'IS POINT N ~'
M '. ~EW~ NO ~ D C~ S 0 0 T. EMS P IO TO TH T '
~ '0 ON ~ TI I ~. T ' M E F ' C , S F THE UB
D FICI £' 0 ~ * V D/ ~ L S A LY. NO ITE WH
c. ILL E ONSI ' TH 0 £ 'E' A R .. TN A E DA. IF '
~ ULL AN I EM, PLE E I OU A L P GI' IT TO T.E I Y CLERK.
C HEARINGS
4.* Ordinance No. 442 - Second Reading - "An Ordinance of t' City of Poway,
Calif rnia, Amending Chapter 9.56 of the Poway M nicip Code Regarding
Graff ti." This amendment will allow for civil iabili v of parents or
guard ans of juveniles convicted of graffiti of enses a maximum of
$25,0 0 per incident. (Continued from February 2 , 1995, Item 16.)
CITY MANAGER'S RECOMMENDATION: Take public input; read title and waive
further reading ( vote); close public hearing and adopt ordinance
(roll call vote).
5.* esolution No. 95- - Finding and Determining the Necessity that ertain
roperty be Acquire--d-Under Eminent Domain P oceedings; Directing t e Cit'
ttorney to Commence a Court Action for Sa d Purpose. (Right-of- ay fo
cripps Poway Parkway East - Schreiber -- PN 324-070-04 -- Full aking
Continued from February 28, 1995, Item 8. (1-02-01
CITY MANAGER'S RECOMM£NDATION: Take public input; close the public
hearing; adopt Resolution directin~ the City Attorney to acquire the
necessary right-of-way for of the Scripps Poway Parkway East
improvements.
# Exhibit in Preparation
CITY OF POWAY - CITY COUNCIL AGENDA - MARCH 14, 1995 - PAGE TWO
6.* esolution No. 95- - inding and Determinin the Necessity that ertain
roperty be Acquire--d-Un r Emin nt Domai Pro edings; Directing t e Cit
ttorney to Commence a ..urt Ac ion for aid urpose. (Right-of- ay fo
cripps Poway Parkway dst - K ng -- AP. 32 -010-70 -- Partial aking
Continued from February 28, 19 5, Item .) (lv02-01
CITY MANAGER'S RECOMMENDATION: Take public input; close the public
hearing; adopt Resolution directing the City Attorney to acquire the
right-of-way for construction of the Scripps Poway Parkway East
imp
7.* esolution No. 95- inding and Determining the Necessity that Cert in
roperty be Ac uire--d-Un r Eminent Do ain Proceedings; Directin the C ty
ttorney to Co ence a ..urt Action or Said Purpose. (Right- f-Way r
cripps Poway arkway dst - Poway TC 142 Limited Partnersh -- A s
24-070-03, 32 -011-03 -- Partial Ta ings) (Continued from Fe ruary ,
995, Item 10.) (1002- )
CITY MANAGER'S RECOMMENDATION: Take public input; close the public
hearing; adopt Resolution directing the City Attorney to acquire the
right-of-way for of the Scripps Poway Parkway East
imp
8.* esolution No. 95- inding and Determining the Necessity that ertain
ro erty be Acquire--d-Un er Eminent Domain Proceedings; Directing t e City
tt rney to Commence a ourt Action for Said Purpose. (Right-of- ay for
cr pps Poway Parkway ast Fisher Enterprises -- APN 324-01 -14 --
ar ial Taking) (Continued from February 28, 1995, Item ]1.) (1 02-01)
CITY MANAGER'S RECOMMENDATION: Take public input; close the public
hearing; adopt Resolution directing the City Attorney to acquire the
right-of-way for construction of the Scripps Poway Parkway East
improvements.
9.* esolution No. 95- - Finding and D ) the Necessity that eft in
roperty be Acquire--a-under Eminent Domain P oceedings; Directing t e C ty
ttorney to Commence a Court Action for Sa d Purpose. (Right-of- ay r
cripps Poway Parkway East - Sanrex Co., Lt . -- APNs 323-080-03, 3 3-0 -
4, 323-110-59 -- Partial Takings). (Con inued from February 28, 19 ,
tem 12.) (1002- )
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 of the Scripps Poway Parkway East
improvements.
Exhibit in Preparation
CITY OF POWAY- CITY )UNCIL AGENDA- March 14, lg - PAGE THREE
- 10.* esolution No. 95- - Finding and Determining the Necessity that Cert in
roperty be Acquir~Under Eminent Domain Proceedin s; Directing the C ty
ttorney to Commence a Court Action for Said Purpo e. (Right-of-Way or
cripps Poway Parkway East - Point Loma Nazarene Co lege/Salisbury -- PN
23-110-28 -- Partial Taking). (Continued from Fe ruary 28, 1995, I em
3.) (loo2- 1)
CITY NANAGER'S RECOHRENDATION: 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.
Il.* esolution No. 95- - Finding and Det rmining the Necessity to Acquire
ertain Property l~6--the City of Poway v the City of Poway by Emin nt
omain Proceedings; Directing the City At rney to Commence a Court Act on
or Said Purpose. (Right-of-Way for Scr pps Poway Parkway East - Pal as
prague-- APN 323-]00-05 -- Partial Taking) (Continued from February 8,
995, Item 14.) (1002- 1}
CITY NANAGER'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.* esolution No. 95- - Finding and Determining the Necessity that ert in
_ roperty be Acquir~Under Eminent Domain P oceedings; Dir cting t e C ty
ttorney to Commence a Court Action for S~ d Purpose. (R ght-of- ay or
cripps Poway Parkway East - Tech Business nter -- APNs 3 3-090-6 , 3 3-
91-03 -- Partial Takings) (Continued rom February 8, 1995, I em
S.) (1002- 1)
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.
N IEARINGS
13.* E tal Assessment and Conditional Use Permit 95-03, City of Poway
applicant: consideration of a conditional use permit for the Arbolitos
Minipark located on the southeast corner of Ted Williams Parkway and
Pomerado Road. The proposed mini-park will consist of a turfed area,
shade t play areas for different age roups, picnic tables,
reduce size hard court, a drinking fountain and ssociated land capi g.
The ex ension of a walkway from the proposed min park site to len ak
Road w ll be considered in a second development p se of the min -par .
203- 8)
CITY MANAGER'S RECOMMENDATION: Take public input; close public earing;
issue a Negative Declaration; adopt Planning Resolution approv ng with
conditions.
Exhibit in Preparation
CITY OF POWAY - CITY COUNCIL AGENDA - MARCH 14, 1995 - PAGE FOUR
STAFF REPORTS
]4? Report regarding 1994-95 mid-year budget. (205-04)
CI* DIRECTOR'S RECOMMENDATION: ~ [ i~
CONSENT CALENDAR
15.* Approval of Minutes - City Council
February 16, 1995, Adjourned Regular Meeting
February 2], 1995, Regular Meeting
16.* Approval of Minutes - Redevelopment Agency
February 16, 1995, Adjourned Regular Meeting
February 21, ]995, Regular Meeting
]7.* Ratification of Warrant Register for period of February 20-24, 19 5
(0]-10)
18.* Resolution No. 95- - Authorizing The City Department Head to estroy
City Records After-l~-e Same Are No Longer Required (04-03)
19.* esolution No. P-95- - Temporary Use Permit 95-05, San Diego Bicycle
lub, applicant: a request for approval of a United States Cycling
ederation (USCF) sanctioned bicycle race to be held in the South Poway
usiness Park, on Saturday, May 20, 1995, from 8:00 a.m. to 4:00 p.m.
(203-07)
20.* Approval of an agreement with £omprehensive Housing Services [nc., for
administration of the CDBG Housing Rehabilitation Program.(602-01 #1052)
21.* Approval of one-year contract extensions for landscape servi e
for the following Landscape Haintenance Districts: A) LMD 83-1: Ado e
Ridg ] , Camino del Norte, Country Creek, Gateway/La Manda, Rio C ur ,
nd oo land Hills; Pac West Land Care, [nc., contracto (602--] #968 ; )
MD 3- /86- : Poway 16, Twin P aks Plaza, Piedmont Par and tone C nyon
an ; eavi and Enterp ises, nc, c ntractor (602-01 _75 ) LMD 6-1:
ri ~ewood, he Grove, unting ~n G e, and 5erenata; ac s Land are,
on ractor ( 02-01 #9]5 D) L. 86- : Sunrise Ranch and S ve Ridge; Pac
es Land Care, contrac r (60 -01 # 7); E) LMD 86-2B/LMD -3 : Sycamore
reek and Community Roa Medians; 'rueger Landscape, contra or (602-01
984); and F) LHD 86- A: The Pond and Poway Estates (~ Sycamore
prings); Pac West Land Care, [nc., contractor (602-01 #969)
22.* Resolution Ho. P-95- - Confirming Action Taken February 28, ]995,
Denying Conditional Use Permit 94-17 and Variance 94-10, Ric and Barbara
DuDeck applicants, located at 12859 Luiseno Drive. (203-08)
# Exhibit in Preparation
CITY OF POWAY- CITY t UNCIL AGENDA - MARCH 14, 1 .~ - PAGE FIVE
CI1 IS
23.
24.
IATED ITEMS
25. MICKEY CAFAGNA
26. SUSAN CALLERY
27. ROBERT EMERY
28. BETTY REXFORD
........i~i~ ....... ~.~.~.,.....~
29. DON HIGGINSON:
~NMENT
Exhibit in Preparation
3-14-95
To Members of Poway City Council: M. Cafagna, S. Callery, B. Emery, B. Rexford
ce: Mayor D. Higginson, City Manager J. Bowersox ~
Subject: Brookview Site
As residents of Poway Estates we have recently 1: ."the city's plans for a strip of
property along Pomerado Road and immediately adjacent to the eastern border of the Poway
Estates subdivision. The property was aptly named "Brookview" ' fit riparian oasis
in the city, with trees, wetlands and a flowing creek inhabited by a variety of wildlit
ducks and flog ~1 hawk few species readily evident. TI~ provide
a sound-absorbing lc ~ busy Pomerado Road.
The city's plan apparently calls for destroying thi ? nature and replacing it with a
high-density rental housing project. A study of census data for ~ ; Pomerado and
Poway roads should in~ ty heavy density of '~ t resid ting
ample rental property, and a complete absence of any parks or playgrounds for the use of its
residents.
It makes [ td to the existing congestion in the area by paving over the last
' provide more high-density housing. Pity the poor residents
who would be subjected to the noise and unhealthy po[ ,~ ' flow of one
of the most heavily traveled thoroughfares in the city.
IfPoway wants to pride itself for its quality of life -- it's "City in the Country" atmosphere, then
this is an ill-conceived plan and needs to be carefully reconsidered in view of all the facts which
were obviously overlooked in earlier, hurried decisions.
We request that the Council mak aorough review of all aspects and factors
involved in the decision to provide required affordable housing f ' ' 'xly citizens,
including a review of ~, The Council must prepare a general plan
for such affordable housing needs, by following the equitable distribution guidelines required by
the laws governing such housing.
It is the responsibility of the City Council to represent the welfare and interests of all the city's
residents. We sincerely hope you will face up to your responsibil ~ t : t act
fairly and rationally in this and ' g before you.
Sincerely,
12280 Sage View Road
Poway, CA 92064
BARK
March 7, 1995
Poway City Council
Post office Box 789
Poway,
Re: Of In South Poway
Dear Council Members:
The undersigned is counsel for Charles My client has
me to address many which he has regarding the
above-referenced proposed development.
My client is the ow er of a couple of large parcels a utting the
propos d develo en . It is my understanding tha at least
ly, a of the property of my client s
with t e develo men , and also, perhaps a taking o a portion
thereo maybe y in order to effect the development.
In ~ight of this, my client formally demands that any and all
impact reports be provided to my client upo their
completion, and that my client be fully apprised, in writ ng,.of
the scheduling of op aimed at determining the y
of the project, especially where such op might ntrude
upon the property rights of my client.
my client is p y about the effect of
the noise level which will be created by the development, and
likewise demands to be fully apprised, in writing, of all studies
and findings ken and produced in such regard.
If you have any questions or please do not to
contact this office.
Poway City Council
March 7, 1995
Page Two
I am providing a copy of this letter to Cotton-Beland, and intend
their copy to serve as formal notice to them of the demands made
herein.
Best regards,
D.
WDP: rvh