CC 1990 01-09 CiTY OF I:~Y, CALZFOP.#Z&
#ZNUTE$ OF THE ~ZTY ~"OUI~:IL REGULAR #EETU~
~AHUARY 9, 1990
The January 9, 1990, regular meeting of the City Council of the City of
Poway was called to order at 7:01 p.m. by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEI~ER$ ANSWERII~ ROLL CALL
Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson
CIXIHCIL#ENBER$ ABSEHT AT ROLl. CALL
None
STAFF MEI~EN$ PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Susan Pulone
Robert Thomas
Alan Archibald
Mark Sanchez
Reba Wright-Quastler
Steve Streeter
Mark Weston
Jay LaSuer
Patrick Foley
Janet Anderson
Peter Moote
Nancy Neufeld
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Coanunity Services
Director of Public Services
Acting Director of Safety Services
Director of Planning Services
Assistant Director of Planning Services
Director of Engineering Services
Sheriff's Captain
Senior Management Analyst
Management Analyst
Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldsmith led the Pledge of Allegiance.
PUBLZC I)RAL CONNUHZCATZOHS
Mayor Higginson explained the procedure for Public Oral Communications.
Bill Barnick, 14645 Sunrise Canyon Road; 1) asked when Pomerado Road south
of the City limits would be reopened, and 2) requested the Landscape
Maintenance Districts be represented on the Parks and Recreation
Con~nittee or have some other form of representation.
City Manager Bowersox stated that Pomerado Road remains closed during
reconstruction due to the extent of work required for the realignment. The City
of San Diego has stated they will reopen the road no later than the completion
of South Poway Parkway from Pomerado Road to 1-15.
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City Manager Bowersox also stated that the City Council will discuss Landscape
Maintenance Districts at their February 6, 1990 meeting.
Councilmember Brannon read an excerpt from a January 7, 1990, San Diego Union
article regarding Scripps Ranch. She stated that the reference to Pomerado
Road remaining closed until South Poway Parkway was constructed out to
Highway 67 was incorrect.
CONSENT CALENDAR
Mayor Higginson stated that Item 23.1 was pulled from the Consent Calendar by
the public. Motion by Councilmember Emery, seconded by Councilmember Goldsmith
to approve the Consent Calendar as follows:
15. Approval of Minutes - City Council:
November 28, 1989, Regular Meeting
December 5, 1989, Regular Meeting
17. Ratification of Warrant Registers: December 7, 14, 21, 1989.
18. Denial of claim for damages: Scott Fenner.
19. Approval of City's Investment Report - November 30, 1989.
20. Approval of agreement for consulting services with Geopacifica, Geotechnical
Consultants, including new flat fee and hourly rate schedules.
21. Approval of final map, directing its recordation, and acceptance of improve-
ments for Tentative Tract Map 88-05, Gateway-La Manda Estates, Ltd., appli-
cant; located west of Pomerado Road, and adoption of Resolution No. 90-001,
entitled, "A Resolution of the City Council of the City of Poway,
California, Accepting the Dedication of Certain One-Foot Wide Strips of Land
Lying within County of San Diego Tract 3503-2 Map No. 9256 and Ordering the
Vacation of the Abutter's Rights of Access Relinquished and Waived in and to
Morningside Drive Per Map No. 9256."
22. Approval of revisions to Sections III and VIII of the Charter for the
Performing Arts Advisory Committee regarding Terms of Members and Selection
and Terms of Officers.
23. Approval of Lease Agreement between the City and Pay'n Play Racquetball of
America Associates to construct and operate a racquetball facility in the
five acre park in Pomerado Business Park, as revised adding Paragraph 31
entitled, "Prohibition Against Encumberances." {Continued from December 19,
1989, Item 19.)
Motion carried unanimously.
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Page 3 - CITY OF POWAY - January 9, 1990
ITEM 4
ORDINANCE NO. 309 - SECOND READING
LAW ENFORCEMENT FORFEITED PROPERTY AND ASSETS PROGRAM
Mayor Higginson read the title of Ordinance No. 309, "An Ordinance of the City
of Poway, California, Establishing a Law Enforcement Forfeited Property and
Assets Program."
There was no one present wishing to speak.
Councilmember Emery stated that he was not present for first reading of the
Ordinance. City Attorney Eckis stated that Councilmember Emery should abstain
from voting on adoption. Motion by Councilmember Kruse, seconded by
Councilmember Emery, to close the public hearing, and waive further reading of
Ordinance No. 309. Motion carried unanimously. Motion by Councilmember Kruse,
seconded by Councilmember Goldsmith, to adopt Ordinance No. 309. Motion carried
4-0 on a roll call vote, with Councilmember Emery abstaining.
ITEM 5
ORDINANCE NO. 310 - SECOND READING
LANDSCAPE GRADING
Mayor Higginson read the title of Ordinance No. 310, "An Ordinance of the City
of Poway, California, Amending Title 16 of the Poway Municipal Code." This
ordinance exempts minor landscaping grading from grading permit requirements.
There was no one present wishing to speak.
Councllmember Emery stated that he was not present for first reading of the
Ordinance. City Attorney Eckis stated that Councilmember Emery should abstain
from voting on adoption. Motion by Councilmember Kruse, seconded by
Councilmember Goldsmith, to close the public hearing, and waive further reading
of Ordinance No. 310. Motion carried unanimously. Motion by Councilmember
Kruse, seconded by Councilmember Goldsmith, to adopt Ordinance No. 310. Motion
carried 4-0 on a roll call vote, with Councilmember Emery abstaining.
ITEM 6
ORDINANCE NO. 311 - SECOND READING
ZONING ORDINANCE AMENDMENT 89-11
Mayor Higginson read the title of Ordinance No. 311, "An Ordinance of the City
of Poway, California, Amending Chapters 17.46, 17.48, 17.5D and 17.52 of Title
17 {Zoning Development Code) of the Poway Municipal Code {Minor Changes to
Development Approvals; Time Extension Procedures for Conditional Use Permits,
Minor CUPS, Variances, Development Reviews and Minor Development Reviews; and
Minor Development Review Appeal Procedures)."
There was no one present wishing to speak.
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Councilmember Emery stated that he was not present for first reading of the
Ordinance. City Attorney Eckis stated that Councilmember Emery should abstain
from voting on adoption. Motion by Councilmember Kruse, seconded by
Councilmember Emery, to close the public hearing, and waive further reading of
Ordinance No. 311. Motion carried unanimously. Motion by Councilmember Kruse,
seconded by Councilmember Goldsmith, to adopt Ordinance No. 311. Motion carried
4-0 on a roll call vote, with Councilmember Emery abstaining.
ITEM 7
CONDITIONAL USE PERMIT 89-12/DEVELOPMENT REVIEW 89-27
APPLICANT: CHRISTIAN LIFE ASSEMBLY
Mayor Higginson opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to construct an expansion for the Christian Life Assembly Church
and to operate a day care center located at 14047 Twin Peaks Road. The appli-
cants propose an additional 1,984 square feet to the 7,200 square foot sanctuary
building, including exterior remodeling, entry tower and covered walkway. A
portion of the expansion will be used as a preschool for up to 48 students.
A condition of approval for the project requires improvements to facilitate a
future underground service connection. Staff recommends approval and that the
City Council defer the requirement to remove the utility pole located on the
southeast corner of the parcel and require only the conversion of the sanctuary
from overhead service.
Speaking in favor of staff recommendation:
Paul Grimes, 13720 Highlands Terrace, representing Christian Life Assembly,
requested waiver of conditions of approval requiring payment of traffic
mitigation and drainage fees.
Council concurred that traffic mitigation and drainage fees cannot be waived as
they are fees paid toward regional improvements.
Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-90-01 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit 89-12 and Development Review 89-27,
Assessor's Parcel Number 321-190-17," including deferring removal of the utility
pole. Motion carried unanimously.
ITEM 8
COUNTY USE PERMIT P72-305M/DEVELOPMENT REVIEW 89-35
APPLICANT: DON FISCHER/STONERIDGE COUNTRY CLUB
Councilmember Kruse, stating he resides in Stoneridge, disqualified himself from
this item and left the room.
Mayor Hlgginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to modify the existing permit for Stoneridge
Country Club to allow construction of a 1,500 square foot pro shop, 2,770 square
foot golf cart storage building, and a 170 square foot addition to the existing
clubhouse located at 17166 Country Club Lane. Staff recommends approval.
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Page 5 - CITY OF POWAY - January 9. 1990
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the
public hearing, and adopt Planning Resolution No. P-9D-D2 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Use
Permit P72-305 Modification and Development Review 89-35, Assessor's Parcel
Number 273-110-07." Motion carried 4-0, with Councilmember Kruse disqualified.
(Councllmember Kruse re-entered the room.)
ITEM 9
MINOR CONDITIONAL USE PERMIT 89-04
APPLICANT: GARY & VALERIE SABIN
City Manager Bowersox stated that the public notice for this project contained
an incorrect address. The location is 16289 Oak Creek Trail rather than 12689
Oak Creek Trail. Staff recommends that this item be removed from calendar and
renoticed as a public hearing for January 30, 1990.
Motion by Councllmember Kruse, seconded by Councilmember Emery, to remove from
calendar and renotice for public hearing for January 30, 1990. Motion carried
unanimously.
ITEM 10
MINOR CONDITIONAL USE PERMIT 89-15
APPLICANT: HEAVENLY AMUSEMENTS/HUTTON, HUTTON, PARENTI
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to operate a 1,920 square foot video game/arcade in
the Lively Center, which is an existing shopping center located at 13242 Poway
Road. The application meets the required conditions of approval for operating
an arcade in a Commercial General zone with the exception of providing a bicycle
rack within 25 feet of the arcade, and providing the on-site restroom facili-
ties. Staff concurs with applicant's proposal to utilize two existing auto
parking stalls about 38 feet from the proposed site for bicycle rack placement.
Staff recommends three on-site restroom facilities be provided as follows: one
handi-capped equipped restroom which may be used by either gender, one for use
by females, and one for use by males. The restrooms would remain locked with
keyed access being coordinated by the arcade attendant. City Manager Bowersox
recommended adding "use shall not be conducted in such a manner to interfer with
other uses" as a condition of approval to address concerns regarding this type
of activity. Staff recommends approval.
Speaking in favor of staff recommendation:
Thomas Hutton, 13231Edina Way
Douglas Hutton, 13231Edina Way
James Parenti, 3950 Mahaila Avenue, #F-33, San Diego
Kathi Wheeler, 410 West Coast Highway "A", Newport Beach, representing
Heavenly Amusements, requested modification of conditions of approval
regarding evening closing hours.
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Speaking in opposition to staff recommendation:
Nancy Beed, 13350 Aubrey Street, tenant in the Lively Center, expressed con-
cern regarding use of drugs, littering, skateboards, and open access to
rear of buildings.
Council discussion included concern regarding access to rear of shopping center,
security for restrooms, and impact on current tenants of the center.
City Attorney Eckis recommended that language be added in the conditions of
approval requiring that evidence of sale, use, or consumption of illegal drugs
by employees or patrons of the permittee on or about the Lively Center premises
shall constitute grounds for modification or revocation of the Conditional Use
Permit.
Motion by Councilmember Brannon, seconded by Councilmember Kruse, to close the
public hearing, and adopt Planning Resolution No. P-go-03 entitled, "A
Resolution of the City Council of the City of Poway, California, approving Minor
Conditional Use Permit 89-15, Assessor's Parcel Number 317-101-42," as amended
regarding restrooms, additional language that use shall not interfere with other
uses in center, adding drug use prohibition as recommended by the City Attorney,
requiring alarm at rear exit door, security lighting for rear of building, and
security patrol service. Motion carried 4-1, with Councilmember Emery voting
"no. m*
ITEM 11
VARIANCE 89-13
APPLICANT: SUNLAND HOUSING GROUP, INC.
Mayor Hlgginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance for an existing retaining wall and
wood fence with a combined height of 9'3" on an interior side property line
where six feet is the maximum height. The property is located at 15657 Hidden
Valley Lane in the Sycamore Creek development. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councllmember Kruse, seconded by Councilmember Emery, to close the
public hearing, and adopt Planning Resolution No. P-90-04 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Variance 89-13, Assessor's Parcel Number 323-451-12." Motion carried unani-
mously.
ITEM 12
CALL-A-RIDE STATUS REPORT
Staff report by City Manager Bowersox. At the June 6, 1989 meeting, the City
Council directed staff to review the Call-A-Ride service and report back in six
months. The Call-A-Ride service provides transportation for senior and disabled
passengers unable to use public transit and is funded primarily by
Transportation Development Act Article 4.5 funds. Farebox revenues provide the
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remaining funding, and were increased by $.25 on July 1, 1989. The farebox
recovery ratio is up .6% from Fiscal Year 1988-89, while the passenger subsidy
has has decreased by $1.33. The service is operated by Poway Valley Senior
Citizens and this year is the final extension of their contract with the City.
PVSC also operates the dial-a-ride system for the general public under contract
with the City which will also expire this year. Staff will consider the feasi-
bility of bidding both contracts as one. Staff recommends that the report be
received and filed.
Council concurred to receive and file report.
ITEM 13
DEVELOPMENT REVIEW 89-31
APPLICANT: DOMINY CECIL ASSOCIATES
City Manager Bowersox stated that this item will require a variance. Staff
recommends that this item be removed from calendar and renoticed as a public
hearing for January 16, 1990.
Motion by Councllmember Brannon, seconded by Councilmember Kruse, to remove this
item from calendar and renotice for public hearing for January 16, 1990. Motion
carried unanimously.
ITEM 14
BUSINESS ADVISORY COMMITTEE ANNUAL REPORT
Introduction by City Manager Bowersox. Staff report by Director of
Administrative Services Pulone. The Business Advisory Committee, composed of
Council appointees and Chamber of Commerce representatives, began meeting in
September, 1987. The committee has held semi-monthly meetings to review and
discuss topics of interest to the business community. The Comprehensive
Marketing Plan has been the major effort for the committee this past year, which
included development of the Request for Proposals, proposal reviews, interviews,
selection of consultant, and plan development. A report regarding the
Comprehensive Marketing Plan will be presented to the Council from the committee
soon. Staff recommends Council review and file the report, consider proposed
Charter revisions, and provide input on issues of interest and concern for 1990.
Speaking in favor of staff recommendation:
Vicki Lazowski, 14440 Golden Sunset Lane, Chairperson, Business Advisory
Committee, presented the committee's Annual Report. During the past
year the committee has reviewed the following items: joint meeting with
the Transportation Task Force, loudspeakers at automobile dealerships,
improving relations between business and City, Comprehensive Marketing
Program, and Charter amendments. The committee recommends amending the
Charter to decrease the allowable number of meeting absences, and
selection of chairperson by the committee rather than mayoral appoint-
ment.
Council concurred they wished to have the Mayor continue to appoint the chair-
person.
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Page 8 - CITY OF POWAY - January 9, 1990
Jeannie Niles, 14149 Twin Peaks Road, Suite 12, Vice Chairperson, Business
Advisory Committee, requested Council provide input on issues of
interest and concern for committee consideration during 1990.
Councll thanked the committee for their work during the past year and discussed
items for consideration during 1990, including: impact of City's nonconforming
sign abatement which is due in 1991, integrating the Pomerado Business Park into
the business community, integration of City's drug policy into all conditional
use permits, child care needs as Poway becomes an employment destination, and
Poway Road Comprehensive Plan.
Motion by Councilmember Emery, seconded by Councilmember Kruse, to receive and
file report; approve Charter amendment to decrease the allowable number of
absences during any quarter; approve Charter amendment requiring chairperson to
have served on committee prior to his/her appointment; and appointment of chair-
person shall remain to be done by the Mayor with the concurrence of the City
Council. Motion carried unanimously.
ITEM 14.1
CLEAN WATER PROGRAM ADVISORY GROUP
Staff report by City Manager Bowersox. On December 5, 198g, the City Council
took action to support the formation of a Clean Water Program Governance
Advisory Group {CWPGAG} as a form of governance structure for members of the
Metropolitan Sewerage System to oversee the implementation of Alternative IV of
the Clean Water Program. The group will consist of a representative and alter-
nate from the member agencies, the San Diego City Council, and a representative
from the County Water Authority. Staff recommends Council appoint a represen-
tative and alternate to the CWPGAG.
Council concurred to appoint Councllmember Brannon as representative and
Councilmember Goldsmith as alternate to the Clean Water Program Governance
Advisory Group.
ITEM 23.1
APPROVAL OF FINAL MAP FOR TENTATIVE TRACT MAP 88-13
APPLICANT: ALAN ROYSTER
Mayor Higginson stated that this item was pulled from the Consent Calendar by
the public. Staff report by City Manager Bowersox. The final map for TTM
88-13, an eight lot, single-family subdivision located south of Stone Canyon
Road and east of Pomerado Road, is ready for final approval. All conditions
have been met and fees paid. A standard agreement for construction of public
improvements, guaranteed with the required securities, has been posted by the
subdivider. Staff recommends approval.
Speaking in opposition to staff recommendation: Jim Keeley, 15818 Riparian Road
Jim Francis, 14623 Sunrise Canyon Road
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Page 9 - CITY OF POWAY - January 9, 1990
Speakers addressing Council opposed Landscape Maintenance District annexation
requirements imposed as a part of final map approval.
Motion by Councllmember Kruse, seconded by Councllmember Emery, to: 1) approve
the final map for Tentative Tract Map No. 88-13 and direct its recordation; 2)
accept on behalf of the public, subject to improvement, Footman Court, and por-
tions of Stone Canyon Road and Country Squire Drive as shown and designated on
said map; 3) accept on behlaf of the City, the easements for sewer, drainage,
and Fire Department access as shown and designated on said map; 4) accept on
behalf of the public, the easement for pedestrian/equestrian trail purposes as
shown and designated on said map; 5) accept on behalf of the public, the access
rights from Lots 5 and 6 in and to Country Squire Drive, the access rights from
Lots 6, 7, and 8 in and to Stone Canyon Road, and the access rights from Lot 1
in and to Pomerado Road; and 6) adopt Resolution No. 90-002, entitled, "A
Resolution of the City Council of the City of Poway, California, Ordering the
Expansion of Poway Landscape Maintenance Assessment District No. 86-01 with
Written Consent of all Property Owners." Motion carried unanimously.
ITEM 25
CITY ATTORNEY ITEMS
Ae
City Attorney Eckis requested a closed session be held pursuant to
Government Code §54956.9{a} to update Council on pending litigation. 1}
Enforcement Cases: People v. Conti; People v. Cross; People v. Darr; People
v. Grindstaff; People v. Jones; People v. Larsen; People v. McCaw; People v.
McDonald; People v. Reynolds; People v. Sullivan; People v. Vahidl; People
v. Vattimo. 2) Door-to-Door Solicitation Cases: People v. Heinstra;
People v. Banks; People v. Ross; People v. Young. 3) Condemnation Cases:
City v. Bank of San Diego, Trustee; City v. Pomerado Investments; City v.
Pinney; City v. Rakov; City v. Soriano; City v. Stell; City v. Upton/
McCrink; City v. Aviano; re Golden Way. 4} Miscellaneous Civil Cases: San
Marcos Development v. City/Redvelopment Agency; Grover v. City/Redevelopment
Agency; Poinsettia Mobilehome Parks (HUD Complaints); Buckley, et al. v.
City, et al. {Continued from December 19, 1989, Item 32.)
City Attorney Eckls stated that the independent counsel hired pursuant to a
request to investigate alleged Campaign Ordinance violations regarding 1988
campaign flyers urging defeat of Councilmember Emery has determined that
there is insufficient evidence to establish conspiracy or joint expenditure
of funds charges. The Fair Political Practices Commission is pursuing their
investigation.
C. City Attorney Eckis stated that he will present a report at the January 23,
1990 City Council meeting discussing the direct election of Mayor.
CITY COUNCIL-INITIATED ITEMS
26. Councilmember Brannon stated that several growth initiatives are being cir-
culated in the City of San Diego, including Citizens for 2000 and Prevent
Los Angelization Now.
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Page 10 - CITY OF POWAY - January g, 1990
27. Councilmember Emery requested staff report back regarding: the use of brass
fire hydrants in new subdivisions; roof tile and color variations in new
subdivisions; and why the FFA project requires an environmental impact
report when reports were not required for other recent park projects.
28. Council concurred with Councilmember Goldsmith's request for a workshop
session with the Board of Directors of the Poway Valley Senior Citizens and
requested other senior groups be invited. Councilmember Goldsmith also
requested Council consider formation of a Senior Advisory Co~)~)ttee.
CLOSED SESSION
Mayor Higginson called for a closed session at g:41 as requested by the City
Attorney and stated that Councilmember Kruse was disqualifying himself from par-
ticipating in the closed session regarding City v. Bank of San Diego, Trustee.
(Councllmember Kruse left the meeting at 10:36 p.m.)
AI)31XIRHI4EHT
Mayor Hlgglnson called the meeting back to order at 10:50 p.m. with all
Councilmembers present, except for Councilmember Kruse, and stated that no
action had been taken in closed session. Upon motion by Councilmember Brannon,
seconded by Councilmember Goldsmith, Mayor Higginson ordered the meeting
adjourned. The time of adjournment was 10:51 p.m.
Marjoriq K~ Wahlsten, City Clerk
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