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Item 7 - Approval of Minutes -\GENDA REPORT SL.'MMARY Members of the City Council 'O: Honorable Mayor and FROM: James L. Bowersox, City Man~ INITIATED BY: John D. Fitch, Assistant City Manager Marjorie K. Wahlsten, City Clerk DATE: March 28, 1995 SUBJECT: Approval of Minutes The Minutes of the February 28, 1995, regular meeting and the March 2, 1995 adjourned regular meeting have been prepared and are attached for your approval. ~iN~ClRON-MEI~FrALRE~IEW Znvironmental review is not required according to CEQA guidelines. None ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the Council approve the minutes of the Poway City Council meetings of February 28 and March 2, 1995. ACTION MAR281995 ITEM 7 CITY OF POWAY, CALIFORNIA _ MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 28, 1995 The February 28, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox City Manager Marjorie Wahlsten City Clerk Steve Eckis City Attorney John Fitch Assistant City Manager Peggy Stewart Director of Administrative Services Bob Thomas Director of Community Services Mark Weston Director of Engineering Services Reba Wright-Quastler Director of Planning Services Randy Williams Director of Public Services Warren Sharer Director of Redevelopment Services - David Narevsky Redevelopment Manager Pamela Colby Senior Management Analyst Penny Riley Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PRESENTATIONS A. Mayor Higginson presented a check for $500 to David Hamann of Rancho Bernardo High School for their Grad Nite '95 celebration. B. Mayor Higginson presented plaques to Sheriff's Sgt. Billie Bustamante and Deputy Bill Jehl for their service on the City's Traffic Safety Committee. STATE OF THE CITY ADDRESS Mayor Higginson presented his "State of the City" address. {701-01} PUBLIC ORAL COMHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: 5430 Page 2 - CITY OF POWAY - Feberuary 28, 1995 Wanda Huntsman, 16736 Espola Road, requested sound studies be done and a sound wall be installed on Espola Road between Bridlewood and Valle Verde Park. Jim Seifert, 16344 Martincoit Road, asked about Old Coach Golf Estates (Tentative Parcel Map 92-04), and changes made to the map through a boundary adjustment. (203-01) Larry Cruse, 13734 Utopia Road, stated the bids for the Rancho Bernardo library came in 40% less per square foot than their estimates and suggested our budget may need to be redone. Director of Community Services Thomas will respond to him. Philip Gorgone, 3990 Old Town Avenue, San Diego, with Housing Opportunities, Inc. introduced himself to the City Council. His firm builds affordable housing projects. CONSENT CALENDAR Mayor Higginson stated that Item 28 was pulled from the Consent Calendar by the public. Motion by Councilmember Callery, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 19. Approval of Minutes - City Council 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} 26. Approval of the extension of two Standard Agreements, Allan Royster applicant, located at the southeast corner of Stone Canyon and Pomerado Roads: Phase I, Tentative Map 88-13, Stone Canyon Cour~ to February 28, 1996; and Phase 2, Tentative Map 90-04, Footman Lane II to February 28, 1997. (602-01 #740 & #973) 27. Authorize acquisition of right-of-way and mitigation land for Scripps Poway Parkway East, located east of Sycamore Canyon Road, west of SR 67; Doris Schreiber, owner. (1002-01R) 5431 ITEM 7 Page 3 - CITY OF POWAY - February 28, 1995 Motion carried unanimously. ITEM 6 (203-08) CONDITIONAL USE PERMIT 94-17 VARIANCE 94-10/REHEARING APPLICANT: RIC AND BARBARA DUDECK Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On January 3, 1995, the City Council approved Conditional Use Permit 94-17 and Variance 94-10 to legalize an existing second living unit which would permit its rental and a variance to allow the placement of a carport within the side-yard setback at 12859 Luiseno Drive. A neighbor filed a request for rehearing and on January 17, 1995 the City Council granted the request and scheduled it for this meeting. Staff continues to recommend approval, City Attorney Eckis reminded the City Council and the public that this is a new public hearing and if the Council chooses to deny the application, it must be done on specific grounds. Speaking in favor of staff recommendation: Pat Petrovich, 14011 Woodland Parkway Ric DuDeck, 12859 Luiseno, stated the request was consistent with the neighborhood. He requested a waiver for the carport, stated they are willing to have a covenant restricting the rental to one tenant only and vacating the CUP when they sell the property. Speaking in opposition to staff recommendation: Jerry Hargarten, 13622 Orchard Gate, stated Green Valley Civic Association has a general opposition to second dwelling units because of the unplanned increase in density. He cited the 21 letters submitted to the City Council requesting the rehearing and the recitations of architectural incompatibility of the carport and negative impact on property values. Ed Muscat, 12865 Luiseno Drive, presented a petition signed by neighbors in opposition and a letter from a realtor citing a potential decrease in property value from the carport and rental unit. The carport would be closest to his property. Sandra Jacobs, 12829 Luiseno, cited incompatibility of a carport in this area. Gary Kowal, 12823 Luiseno Drive, stated this would be a negative impact on property values. Julia Engler, 12856 Luiseno, cited architectural and aesthetic incompatibility of the carport in the neighborhood and negative impact on property values. Chris Huddy, 12848 Luiseno Drive Joan O'Sullivan, 12853 Indian Trail Dennis Schafer, 16122 Del Norte 5432 MARg81995 [£F_~ ? Page 4 - CITY OF POWAY - February 28, I995 Stuart Edleson, 12826 Indian Trail, stated this would the change character of the neighborhood. Rental units are not appropriate. He cited inadequate parking for the tenant based on a letter from Mr. DuDeck. Ron Fawcett, 12841Luiseno, stated a rental unit is inconsistent with the General Plan and a carport would be architecturally incompatible. Herbert Hotaling, 12845 Indian Trail, stated the RR-C zone is intended for single-family, large lot development,' not rental units. The variance would disrupt the integrity of the neighborhood. Motion by Councilmember Emery, seconded by Mayor Higginson to close the public hearing. Motion carried unanimously. Councilmember Emery stated it is not incumbent on the City Council to legalize a use even though it already exists and he is able to make the findings set forth by the City Attorney. He made a motion to deny the application. Motion seconded by Councilmember Rexford who stated she could make the findings of architectural incompatibility of the second unit and negative impact on property values. Motion carried unanimously. Councilmember Callery noted for the audience that accessory apartments are allowed as a conditional use in all residential zones in Poway because State law requires it. ITEM 7 ((203-08) CONDITIONAL USE PERMIT 95-01 DEVELOPMENT REVIEW 95-01 APPLICANT: CITY OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 4,000 square foot administration building at the Operations Center at 14445 Lake Poway Road, the construction of a 1,200 square foot addition to the control building at the Berglund Water Treatment Plant at 14521 Lake Poway Road, the addition of a water storage tank and the replacement of existing chemical storage tanks, water filters and the clearwell cover. Staff recommends approval. Speaking in opposition to staff recommendation: Linda Ahkami, 14399 Blue Sage Road, asked whose offices were going to be in the administration building, requested the landscaping along Lake Poway Road be improved, and asked what's planned for the property next. City Manager Bowersox stated the offices are for the persons currently in the temporary trailers on site and at Lake Poway. Director of Public Services Williams stated nothing else is planned for this facility. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing, issue a Negative Declaration with mitigation measures, and adopt 5433 MAR 28 1995 II'l::M ? Page 5 - CITY OF POWAY - February 28, 1995 Planning Resolution No. P-94-11, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-01 and Development Review 95-01, Assessor's Parcel Number 278-431-36, 37." Motion carried unanimously. ITEMS 8-15 (1002-01) EMINENT DOMAIN PROCEEDINGS SCRIPPS POWAY PARKWAY EAST Mayor Higginson opened the public hearings on Items 8 through 15, all Resolutions of Necessity to acquire certain property for the construction of Scripps Poway Parkway East. City Attorney Eckis recommended these all be continued to March 14, 1995. Kevin McCann, 3890 Pio Pico Street, Carlsbad, attorney for the property owner in Item 10, Poway FTC 142 Limited Partnership, stated their property is in the County of San Diego and City staff just received authorization to negotiate for the County and they need more time. Motion by Councilmember Emery, seconded by Councilmember Callery to continue these public hearings to March 14, 1995. Motion carried unanimously. ITEM 16 (701-04) ORDINANCE NO. 442/FIRST READING CIVIL LIABILITY FOR GRAFFITI CONVICTIONS Mayor Higginson opened the public hearing and read the title of Ordinance No. 442, "An Ordinance of the City of Poway, California Amending Chapter 9.56 of the PowayMunicipal Code Regarding Graffiti." Staff report by City Manager Bowersox. This ordinance amends the Poway Municipal Code to reflect the new civil liability ceiling of $25,000 imposed by state law on parents of juveniles convicted of graffiti offenses. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive further reading and continue the public hearing to March 14, 1995 for second reading. Motion carried unanimously. ITEM 17 (1180-03) MILITARY AIRCRAFT NOISE Staff report by City Manager Bowersox. At the City Council meeting of January 31, 1995 a citizen raised concerns about increasing noise levels from aircraft at Miramar Naval Air Station. 5434 MAR 9. 8 1995 ITEM Page 6 - CITY OF POWAY - February 28, 1995 Fred Pierson, Public Affairs Officer from Miramar Navy/Marine Air Corps Station, was present to answer questions. He gave the Miramar noise hotline number and urged citizens to call when they had complaints or questions. ITEM 18 (1170-05) DRAINAGE ON GOLDEN WAY Staff report by City Manager Bowersox. At the City Council meeting of January 31, 1995, Jim Francella complained about drainage problems at his home on Golden Way. Staff recommends that the City Council direct them to study channel improvements to the area between Gate Drive and Neddick Avenue in the future capital improvement program. In addition, staff will meet with residents to discuss means to increase channel capacity to reduce localized flooding. Motion by Mayor Higginson, seconded by Councilmember Cafagna to approve staff recommendation. Motion carried unanimously. ITEM 28 (602-01 #979) CDBG FUNDED HOUSING REHABILITATION PROGRAM Mayor Higginson stated this item was pulled from the Consent Calendar by the public. Staff report by City Manager Bowersox. In order to begin implementation - of the Community Development Block Grant funded Housing Rehabilitation program for low and very-low income Poway residents, execution of a Management and Implementation Agreement between the City and the County is required. Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Estates Homeowners Association, asked questions about the program. Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the Agreement for Management. Motion carried unanimously. ITEM 29 (208-00) PROCESS FOR REALLOCATION OF SENIOR AND FAMILY HOUSING ON DESIGNATED SITES Redevelopment and Housing Advisory Committee members present included: Chairman Tom Tremble, Duke Ayers, Richard Burke, Alan Dusi, Kennon Dial, Jim Crosby, Gordon Meyer, Darwin Drake, Joyce Eiswald, Peggy Lester, Mary Mitchell, Roger Willoughby, and Bob Wolinski. Staff report by City Manager Bowersox. On January 26, 1995, a judgement was entered on Smith v. All Persons. As a result, the Redevelopment Agency is required to modify the mix of affordable senior and family housing now planned by the Agency on the five designated sites: Haley, Breihan (Haley II), Gateway, Brookview and Bowron Road (Huber). The two Haley sites are family, the others 5435 ~AR ~ 8 1995 Page 7 - CITY OF POWAY - February 28, 1995 are planned to be senior. Either the Brookview or Bowron site will need to be fully or partially changed to family since the Gateway project will only be constructed as senior by the property owner, Retirement Housing Foundation. The Council needs to determine the process to follow in making the reallocation. There appear to be three options, or a combination. First option would be to have the Redevelopment and Housing Advisory Committee hold hearings and then make a recommendation to the City Council. The City Council would then hold public hearings and take the final action. The second option would be for the RHAC to consider the subject and make a recommendation to the City Council to be considered along with public testimony at a public hearing. The third option is for the City Council to hold public hearings and make the determination. Speaking in oppostion to family housing on the Brookview site: Sandy Victor, 13187 Valewood Road Bill Rickles, 13725 Utopia Road, suggested Option I be used Walter Marggraf, 12255 Sage View Road Walter Metcalk, 13115 Valewood Road Les Revier, 13020 Oak Knoll Road, suggested Option 1 be used Eugene Rhodes, 13164 Valewood Road Committee members expressed their preference for the options, as follows: Tom Tremble, Option 1; Peggy Lester; Option 1; Gordon Meyer, Option 1; Richard Bentley, Option 1; Jim Crosby, Option 2; Alan Dusi, Options 2 or 3; Joyce Eiswald, Option 2; Mary Mitchell, Option 2; Kennon Dial, Option 1, Bob Wolinski, Option 1. Motion by Councilmember Emery, seconded by Mayor Higginson to use Option 1 where the Redevelopment and Housing Advisory Committee would hold a public hearing and then send a recommendation to the City Council for a subsequent public hearing. Motion carried unanimously. Phillip Cass, 12220 Sage View Road, stated there is a major concern about communication and opportunity for input. City Attorney Eckis stated staff will use the same mailing list for both hearings. In addition, Poway Valley Senior Citizens and Poway Unified School District will be noticed. Also, anyone who files a request with the City Clerk to receive notice will be added to the list. MAYOR AND CITY COUNCIL-INITIAT£D ITEMS 36. Mayor Higginson stated that at SANDAG's last meeting, the Board was poised to turn down MTDB's decision to expedite the construction of the trolley extension from Old Town to the Stadium by shifting funds from future allocations. Because, as our SANDAG represenative, he did not know how Councilmember Emery, our MTDB representative had voted on this item, he 5436 MAR ~, 8 1995 Page 8 - CITY OF POWAY - February 28, 1995 requested the item be continued until direction could be given by the City Council. Council concurred with Councilmember Emery's request that we support MTDB's action. Councilmember Emery requested and received concurrence from the City Council to begin discussions with MTDB to push the 1-15 corridor up in priority since the Coaster commuter train has been implemented in the I-5 corridor. ADJOURNHENT Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to 6:00 p.m., Thursday, March 2, 1995. The time of adjournment was 10:12 p.m. Marjorie K. Wahlsten, City Clerk City of Poway 5437 ~IAR ~ 8 1995 I']'E.¥J 7 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING MARCH 2, 1995 The March 2, 1995 meeting, adjourned from the February 28, 1995 regular meeting of the City Council of the City of Poway, was called to order at 6:07 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CAL) Susan Callery, Bob Emery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALm Mickey Cafagna (Councilmember Cafagna arrived at 6:09 p.m. STAFF MEMBERS PRESENT James Bowersox City Manager Marjorie Wahlsten City Clerk Reba Wright-Quastler Director of Planning Services PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. ITEM 3 (701-04) SPECIAL EVENTS SIGNAGE REGULATIONS Staff report by Director of Planning Services Wright-Quastler. On March 15, 1994, the City Council directed staff to cease enforcement of the special event signage provisions of the sign ordinance for a year. A committee composed of representatives from the Chamber of Commerce, staff, and Councilmembers Cafagna and Callery have been meeting since October and staff has prepared a draft ordinance based on the recommendations of the committee and input received after the committee made its recommendation. The City's interests are two-fold: that the businesses flourish and that the business district is an attractive environment. The Committee tried to strike a balance. The proposed ordinance provides greater flexibility as to when special event signage may be displayed. It recommends 52 days per year for retail commercial and every week-end (Friday, Saturday, Sunday) for motor vehicle dealers. The current ordinance does not address the aesthetics of banners and how they are displayed which has resulted in too many banners that are tattered and frayed, hung in trees, etc. The draft ordinance prohibits fluorescent colors and limits banners to one per business which must be attached to the building, maintained in good condition and limited in size. Pennants, strings of lights, 5438 ~AR281995 ITEM 7 Page 2 - CITY OF POWAY - March 2, 1995 freestanding signs and inflatables are prohibited except for grand openings. Motor vehicle dealers can use antenna sleeves during the week-ends and searchlights during grand openings and for off-site events. The ordinance also includes provisions for special events kiosks in front of shopping centers that could contain 3 signs per kiosk and would be approved as part of the Comprehensive Sign Program for the center. The ordinance also includes specifics concerning logging usage and enforcement. Speakers included: Lynette Perkes, 15832 Lime Grove Road, who represented Green Valley Civic Association on the Committee, questioned whether the ordinance is enforceable without additional staff. Bruce Tarzy, 15912 Ranch Hollow Road, former Councilmember, cited the County's legacy of strip commercial and large signs on Poway Road and stated the City Council has worked hard over the past 14 years to improve the appearance of the business area. He urged the Council to be sure the business community buys-in to the automobile dealers being treated differently. Ann Calvert, 15245 Ridgeview Place, Chairman of the Committee and one of the Chamber of Commerce's representatives, stated the Committee worked in - good faith, and the proposed ordinance is more restrictive in many details but they tried to give flexibility because different types of businesses have different needs. She also stated that she feels there is "buy-in" and that the general business community recognizes that auto dealers are different. Jim Kreifeldt, 12624 Poway Road, Chamber of Commerce representative on the Committee, stated he supports the special events kiosk provisions. Council concurred that they were generally in favor of the proposed amendments except for the searchlights for motor vehicle dealers' off-site events. They asked staff to propose some means of doing more enforcement on the week-ends, perhaps through volunteers and to prepare a report for Council review a year after adoption reviewing its effectiveness. City Manager Bowersox stated that staff will advertise the ordinance for public hearing as presented except for searchlights at off-site events. The City Council can delete other things at the public hearing if they wish. ADJOURNHENT Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned at 7:15 p.m. Marjorie K. Wahlsten, City Clerk City of Poway 5439 ~AR ~ 8 1995 ITE 7