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CC 1990 01-30 CITY OF IK)~Y, CALIFORNIA #IHUTE$ OF THE CITY COUI4ClL REGULAR NEE*TING ~]AHUARY 30, 1990 The January 30, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:D3 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUItCIU~EHBERSAIISW~RTIIGROLLCALL Linda Brannon, Bo~ Emery, Oan Goldsmith, Don H~99inson COUI~ZL#E~ER$ A~E#T AT ROLL CALL Carl Kruse STAFF #EI4BER$ PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Susan Pulone Mark Sanchez Reba Wright-Quastler Mark Weston Steve Streeter Jim Bentz Les Berglund Jim Nessel Javid Siminou Richard Howard Peter Moote Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Acting Director of Safety Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Community Services Manager Operations Manager Senior Planner Associate Civil Engineer Management Analyst Management Analyst Deputy City Clerk PLEDGE OF ALLEGZAtKE Deputy Mayor Goldsmith led the Pledge of Allegiance. EMPLOYEE SERVICE AWARDS City Manager Bowersox presented Employee Service Awards to: Richard Bradbury, {10 years} and Frank Potter, {10 years) Safety Services Department; Marjorie Wahlsten, {15 years} City Clerk; and Les Berglund, (35 years) Public Services Department. 3638 Page 2 - CITY OF POWAY - January 30. 1990 PUSLI~ OI~L ~'~NNUNI~,ATI~$ Mayor Higginson explained the procedure for Public Oral Communications and stated that Item 33A would be heard at this time. The following residents requested the City Council assist them in their efforts to have the Poway Unified School District Board of Trustees reconsider the boun- daries set for the new Rancho Bernardo High School. These boundaries would exclude certain Poway residents from attending Poway High School and they request at least being given a choice of schools. Brian Gustafson, 1303 Brule Place Staci Higgins, 12750 Casa Avenida Tom Higgins, 12750 Casa Avenida Barbara Jean Schultz, 12715 Casa Avenida Vicki Henkel, 15380 Via La Gitano Alan Sugarman, 13385 Fallen Leaf Road Joanne Woodard, 12746 McFeron Road Mikel Cannon, 13369 Birch Tree Lane Sennie Cannon, 13369 Birch Tree Lane Larry Cruse, 13734 Utopia Road Roma A. Weaver, 12745 McFeron Road Following discussion, motion by Councllmember Brannon, seconded by Councilmember Goldsmith, to adopt Resolution No. go-oo9 entitled, "A Resolution of the City Council of the City of Poway, California, Requesting that the Poway Unified School District Permit Poway Residents to Attend Poway High School if Desired." Motion carried 4-0, with Councilmember Kruse absent. CONSENT CALENDAR Mayor Higginson stated that Item 23 was removed from the Consent Calendar by staff and will be rescheduled for a later date. Motion by Councilmember Emery, seconded by Councilmember Goldsmith to approve the Consent Calendar as follows: 16. Ratification of Warrant Register - January 11, 1990. 17. Denial of claim for damages: A) Cassandra Kurfess; and B) Mark Galvan. 18. Approval of the reimbursement agreement for the off-site sewer main in Poway Road constructed in conjunction with Tract Map 4185, Sunrise Ranch; Poway Residential Properties Limited Partnership, applicant. 19. Approval of additional appropriations from the General Fund as loans to the Performing Arts Center in the amount of $100,000 to be used for the Performing Arts Center opening gala activities; and $75,000 to be used for the consultant and administrative activities of the fundraising campaign. 3639 Page 3 - CITY OF POWAY - January 30, 1990 20. Approval of the Neighborhood Revitalization Project for Joshua Tree Court; appropriation of $21,750 from the Redevelopment Reserve Fund for the loan program; and adoption of Resolution No. 90-010 entitled, "A Resolution of the City Council of the City of Poway, California, Determining Certain Public Improvements to be of Benefit to the Paguay Redevelopment Project." 24. Approval of the release of grading security for Pomerado Business Park, Unit I, Poway Industrial Properties applicant, Tentative Tract Map 85-04, Lots 24, 26, 37, 43 and 44. 25. Approval of a joint use agreement between the City of Poway and the City of San Diego for a reclaimed water pipeline located within Sabre Springs Parkway in the City of San Diego. 26. Adoption of Resolution No. 90-011 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting a Speed Survey on Arbolitos Drive." 27. Adoption of Resolution No. 90-012 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting Certain Conflict of Interest Codes for the City Pursuant to the Provisions of the Political Reform Act Including Section 87303 of the California Government Code and Rescinding Resolution No. 89-106." 28. Approval of one-year time extension for Standard Agreement of Improvements, Vahidi, Tentative Parcel Map 17183, located south of Donart Drive and east of Tierra Bonita Road. Motion carried 4-0, with Councilmember Kruse absent. ITEM 5 MINOR CONDITIONAL USE PERMIT 89-04 APPLICANT: GARY & VALERIE SABIN Mayor Higginson opened the public hearing and stated that this item was reno- ticed from the January 9, 1990 meeting due to an incorrect address in the public notice. Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct a 60 foot by 120 foot lighted tennis court at 16289 Oak Creek Trail. Conditions of approval require fencing, landscaping, no more than 8 shielded lights not to exceed 22 feet in height, and limiting the hours of operation for the lights from 7:00 a.m. to 10:00 p.m. Surrounding residents have expressed concern regarding the perceived intrusion by the lights. With the limitations contained in the con- ditions of approval, this project meets the requirements of the zoning code and staff recommends approval. Speaking in opposition to staff recommendation: Larry Simpson, 16503 Wilderness Road, expressed concern regarding night use. 364O Page 4 - CITY OF POWAY - January 30. lggO Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Emery, to close the public hearing, and adopt Planning Resolution No. P-90-08 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 89-04, Assessor's Parcel Number 275-700-51," as amended to add condition allowing reconsideration if the use negatively impacts surrounding properties. Motion carried 4-0, with Councilmember Kruse absent. ITEM 6 TENTATIVE PARCEL MAP 86-05 TIME EXTENSION(2} APPLICANT: ALBERT LIU Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a second one-year time extension for a two lot division of 2.06 acres at the southern terminus of Edina Court. Staff recom- mends approval. Speaking in favor of staff recommendation: Jeff Zimmer, Crew Engineering, 3410 Pershing Avenue, San Diego, representing applicant Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the public hearing, and adopt Planning Resolution No. P-go-D9 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 86-05TE {2), Assessor's Parcel Number 273-820-19." Motion carried 4-0, with Councilmember Kruse absent. ITEM 7 CONDITIONAL USE PERMIT 89-11/DEVELOPMENT REVIEW 89-04 APPLICANT: MOBIL OIL Mayor Higglnson opened the public hearing. Staff report by City Manager Bowersox. This is a request to expand an existing service station at 13556 Poway Road to include expansion of the snack shop, new gas dispensers and canopy, and upgrade of landscaping, lighting and signage. Staff recommends approval with revisions to accommodate an additional traffic lane on Midland Road near Poway Road to allow dual left turns from southbound Midland Road to eastbound Poway Road. Speaking in favor of staff recommendation: Ken Huepper, 18634 Lancashire Way, San Diego, representing applicant Council expressed concern regarding a previous Cleanup and Abatement Order issued by the State Regional Water Quality Control Board in September, 1985, and requested assurances that the recovery efforts by the applicant would continue. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-90-10 entitled, "A Resolution of the City Council of the City of Poway, 3641 Page 5 - CITY OF POWAY - January 30, 1990 California, Approving Conditional Use Permit 89-11 and Development Review 89-04, Assessor's Parcel Number 317-130-32," as amended to require applicant's con- tinued compliance with the clean up. Motion carried 4-0, with Councilmember Kruse absent. ITEM 8 ENVIRONMENTAL ASSESSMENT/MITIGATED NEGATIVE DECLARATION STATE ROUTE 56 EXTENSION Mayor Higglnson opened the public hearing. Staff report by City Manager Bowersox. The City of Poway is the lead agency and decision maker for the project-specific Extended Initial Study {EIS) and the comprehensive enhancement plan for identified on-site biological resources for the proposed extension of State Route 56. The route has been completed through Carmel Mountain Ranch in the City of San Diego and in the City of Poway to its existing dead-end at the east side of Pomerado Road. This item is for consideration of the proposed 1,850 foot segment that would begin on the west side of Pomerado Road and Camino del Norte/Twin Peaks Road and continue on a southwesterly alignment to the western boundary of the City. The environmental study focused on five areas which were determined to have potentially significant impacts. They are: geotechnical/hydrology, biological resources, transportation/traffic cir- culation, noise, and landform alteration/visual quality. Staff concludes that the project revisions and special mitigation measures which have been added fully mitigate all significant and potentially significant environmental effects identified in the EIS. Proposed mitigation measures would include on-site ver- nal pool enhancement to offset the loss of three vernal pool basins totaling approximately 0.2 acre on the crest of the project's central ridge. Staff reco.~.ends approval of the proposed Mitigated Negative Declaration. Speaking in favor of staff recommendation: David Schroedel, 8204 Caminito Maritimo, La Jolla, offered his Poway pro- perty for an off-site vernal pool enhancement project. Craig Cousins, 12308 Icarus Lane Speaking in opposition to staff recommendation: Mike Fry, 12819 Selma Court, stated the Sierra Club opposes the relocation of vernal pools because it has not been proven to work. Jerre Stallcup, Senior Biologist, ERC Environmental, 5510 Morehouse Drive, San Diego, reported on vernal pool enhancement programs, including on-site and off- site mitigation. On-site vernal pool enhancement is the preferred method of the agencies having jurisdiction over the wetland areas. Council expressed concern regarding artlficlal/manmade enhancement on-site vs. contributing to the protection and preservation of existing viable off-site ver- nal pool habitats. Council concurred that off-site vernal pool mitigation is the perferred option for this project. City Attorney Eckis recommended revising the resolution to add a Statement of Overriding Consideration recognizing the local and regional importance of the project in the event it is determined that the impacts may not be mitigated to a level below significance. 3642 Page 6 - CITY OF POWAY - January 30, 1990 Motion by Councilmember Brannon, seconded by Councilmember Emery, to close the public hearing, and direct staff to bring back resolution as revised by the City Attorney for February 6, 1990. Motion carried 4-0, with Councilmember Kruse absent. RE(~E$$ AND CALL TO ORDER Mayor Higglnson recessed the meeting at 8:41 p.m., and called it back to order at 8:51 p.m., with all Councilmembers present except for Councilmember Kruse. ITEM 9 ENVIRONMENTAL ASSESSMENT OF ALTERNATIVE ALIGNMENTS MIDLAND ROAD & SEWER EXTENSION PROJECT Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This item is for consideration of a Final Environmental Impact Report prepared for preliminary alternative alignments for the proposed Midland Road and Sewer Extension capital improvement project. The project involves a road and sewer line extension between Del Poniente Road and Twin Peaks Road. The EIR included five project alignment alternatives for both roadway and sewer exten- sion. They are: 1) Fire Easement Road; 2) "New" Midland Road Extension; 3) "Old" Midland Road Extension; 4) Budwin Lane Extension; and 5) Tierra Bonita Extension. Based on the environmental analysis, staff concludes that the Old and New Midland Road alignments are feasible and, prior to certification of the Final EIR, the final engineering design and site-specific, detailed analysis for the two alignments should be included. Speaking in favor of staff recommendation: Elleen Semlnsky, 14922 Derringer Road Pamela Skeen, 15034 Hat Creek Road, representing Homeowners' Association Matt Sokach, 14934 Budwin Lane Shawn Hodgetts, 13355 Olive Meadows Drive North County Estates Speaking in opposition to staff recommendation: Bonnie Kristel, 14826 Midland Road Sally Hendershaw, 14822 Budwin Lane Cindy Shepherd, 15136 Huntington Gate Drive Don Healey, 14938 Budwin Lane Nell Farenholt, 13633 Del Poniente Road Ted Jagusztyn, 13634 Del Poniente Road Carol Sheets, 14961Budwin Lane James Davis, 4906 Pacifica Drive, San Diego, stated he owns property in the area and was also representing Raymond and Patricia Wolinski, 133D6 Tawanka Drive. Speakers expressed concern regarding increased traffic, impact on riparian habi- tat, traffic circulation for the entire area, and the need for a sewer gravity line to replace the existing pump station. 3643 Page 7 - CITY OF POWAY - January 30, 1990 Following extensive discussion, council questioned the need to extend Midland Road north to Del Poniente Road since the through connection to Lake Poway Road was eliminated with the approval of the Green Valley Groves subdivision. Council requested staff look at the developer's contribution toward the northerly extension of Midland Road which was a condition of approval for the Huntington Gate subdivision, TM 86-01, and whether those funds could be used for other road projects. City Manager Bowersox stated that an addition of a "no project" alternative should be added to the EIR so that if that became the Council's decision, an amendment to the Circulation Element of the General Plan to eliminate the northerly extension of Midland Road could be processed immediately. Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the public hearing, direct staff to conduct final engineering design and site- specific analysis for New Midland Road and Old Midland Road, and add a "no pro- ject alternative" for the construction of sewer line without the road. Motion carried 4-0, with Councilmember Kruse absent. RECE~ AHD CALl. TO ~OER Mayor Hlgginson recessed the meeting at 10:04 p.m., and called it back to order at 10:14 p.m., with all Councilmembers present, except for Councilmember Kruse. ITEM 10 OLD POWAY SPECIFIC PLAN 88-D1 (PART TWO) APPLICANT: CITY OF POWAY Mayor Hlgginson opened the public hearing. Staff report by City Manager Bowersox. On July 26, 1988, the City Council approved Part One of the Old Poway Specific Plan which contains the architectural design standards and guidelines. The Specific Plan is bounded by Twin Peaks Road on the north, Hilleary Drive on the south, Community Road on the west, and Tierra Bonita Road/Putney Road on the east. Part Two of the Specific Plan contains the implementation plan, goals, objectives, statements of policy, and planning and design proposals. On August 22, 1989, the Council requested that the list of permitted uses be reviewed and simplified. Staff revised the Specific Plan's permitted uses, which were then reviewed by the Old Poway Specific Plan Advisory Committee. Also included is an amendment to the signage guidelines contained in Part One of the Specific Plan. This amendment would allow staff additional guidance and flexibility in the review and approval of signage proposals within Old Poway. Staff recommends approval. There was no one present wishing to speak. Council thanked the members of the Old Poway Specific Plan Advisory Committee for their time and effort and directed staff to prepare formal recognition for the members. 3644 Page 8 - CITY OF POWAY - January 30, 1990 Motion by Councilmember Emery, seconded by Councilmember Brannon, to close the public hearing, issue a Negative Declaration, and adopt Resolution No. 90-013 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the Old Poway Specific Plan, SP 88-01 {Part Two) and Amending the Signage Guidelines of Part One." Motion carried 4-0, with Councilmember Kruse absent. ITEM 11 MINOR DEVELOPMENT REVIEW 89-117/VARIANCE 89-10 APPLICANT: AVRAM SACHAR Mayor Higginson opened the public hearing. City Manager Bowersox stated that the applicant has recently agreed to changes recommended by staff limiting per- mitted uses for a portion of the building which allows staff to change their recommendation of denial. The applicant has signed a waiver of required City Council action and staff recommends continuance to February 20, 1990. There was no one present wishing to speak. Motion by Councllmember Brannon, seconded by Councilmember Emery to continue this item to February 20, 1990. Motion carried 4-0, with Councilmember Kruse absent. ITEM 12 TENTATIVE PARCEL MAP 89-20 APPLICANT: CITY OF POWAY Councilmember Emery stated that he would disqualify himself from this item and left the room at 10:18 p.m. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to create two separate par- cels for the two Poinsettia Mobile Home Parks owned by the City. The map will place the "Senior" Park and "Family" Park on separate parcels as required by Housing and Urban Development standards. The parks are located between Midland Road and Eastern Street, south of Adrian Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith, to close the public hearing, and adopt Planning Resolution No. P-90-11 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 89-20, Assessor's Parcel Numbers 314-220-68 and 314-221-04." Motion carried 3-0, with Councilmember Emery disqualifying himself and Councilmember Kruse absent. (Councilmember Emery re-entered the meeting at 10:21 p.m.) 3645 Page 9 - CITY OF POWAY - January 30. 1990 ITEM 13 CONDITIONAL USE PERMIT gO-01/MINOR DEVELOPMENT REVIEW 90-07 APPLICANT: CITY OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to install two modular offices totaling 7,200 square feet in front of City Hall at 13325 Civic Center Drive. On December 19, 1990, the City Council approved a conceptual plan to install the modular units to house the Planning Services and Engineering Services Departments. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Brannon, to close the public hearing, and adopt Planning Resolution No. P-90-12 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-01 and Minor Development Review Application 90-07, Assessor's Parcel Numbers 317-474-09, -08, & -07." Motion carried 4-0, with Councilmember Kruse absent. ITEM 14 REPORT RE: WIDENING OF COMMUNITY ROAD Staff report by City Manager Bowersox. Community Road had been planned as a four-lane roadway prior to the City's incorporation, and is designated as a major arterial in the Circulation Element of the General Plan. As part of the 1989/90 budget adoption, the Redevelopment Agency funded the widening of Community Road to four lanes from Aubrey Street to Twin Peaks Road. At the June 27, 1989 Council meeting, residents on Community Road spoke in opposition to the project and the item was referred to the Transportation Task Force for study. Following input from the residents and staff analysis, the Transportation Task Force recommends that Community Road be widened to a 64-foot four-lane roadway with a 22-foot access roadway to the homes on the east side of Community Road north of Aubrey Street. Staff recommends that an environmental review for widening Community Road be prepared according to the Transportation Task Force's recommendation. Speaking in favor of staff recommendation: Jack Brooks, 14331 CoFF~l)unity Road, asked when completed. the widening would be City Manager Bowersox stated that the road will remain open during construction and should be constructed in the summer of 1991. Motion by Councilmember Brannon, seconded by Councilmember Emery to approve staff recommendation. Motion carried 4-0, with Councilmember Kruse absent. 3646 Page 10 - CITY OF POWAY - January 30, 1990 ITEM 15 RESERVATION OF SEWER CAPACITY FOR TENTATIVE TRACT MAP 86-02R{2) APPLICANT: AMERICAN NEWLAND ASSOCIATES Staff report by City Manager Bowersox. This item is in accordance with the Sewer Allocation Plan adopted on November 14, 1989, by Ordinance No. 304. American Newland Associates is proposing a 97 lot subdivision on 167 acres located south of Kirkham Road and South Poway Parkway, west of G Street, in the Pomerado Business Park, and requests that the Council determine that the project qualifies under five of the eight standards established for the issuance of sewer capacity from the Redevelopment Category. The five categories of public benefit have been identified as: 1) Category B, development within the South Poway Planned Community; 2) Category C, elimination of traffic circulation and flood control deficiencies; 3) Category D, mitigation or elimination of con- ditions of economic deficiencies where tax receipts are inadequate for the costs of public services rendered; 4) Category E, provision of public improvements and facilities which address deficiencies affecting other developed properties within the project area; and 5} Category G, assistance to the Agency in meeting the financial obligations. Staff recommends the City Council find that the ten- tative tract map meets the standards established, and issue a statement of sewer availability of 218 units {representing one-third of the total needed) from the Redevelopment Category. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to adopt Resolution No. 90-014 entitled, "A Resolution of the City Council of the City of Poway, California, Issuing a Statement of Sewer Availability from the Redevelopment Category as Described in Ordinance 304 for Poway Corporate Center {TTM 86-02R{2))." Motion carried 4-0, with Councilmember Kruse absent. ITEM 29 CITY MANAGER ITEMS City Manager Bowersox stated that in addition to SANDAG's presentation, a repre- sentative from Miramar Naval Air Station will be in attendance at the February 1, 1990 workshop to make a presentation on the airport relocation item. CITY COUNCIL-INITIATED ITEMS 32. A. Councllmember Emery stated that staff has informed him that his request for information regarding signage on newly opened Carriage Road will be on the February 13, 1990 agenda. Council concurred with Councilmember Emery's request to consider adop- tion of a resolution in support of the California Desert Protection Act. 3647 Page 11 - CITY OF POWAY - January 30, 1990 33. A. Councilmember Goldsmith stated that his request regarding exclusion of Poway residents' from attending Poway High School was heard during Public Oral Communication earlier in the meeting. Be Councilmember Goldsmith requested an extension for the Transportation Task Force's time period in which to present their final report to the City Council. Motion by Councilmember Emery, seconded by Councilmember Brannon, to extend the time frame for presentation of the Transportation Task Force final report to July 1, 1990, with a report to Council in the interim. Motion carried 4-0, with Councilmember Kruse absent. 35. Mayor Higginson requested staff report on the Performing Arts Fundraising efforts on a periodic basis. AI~OURggE#T Upon motion by Councllmember Emery, seconded by Councllmember Brannon, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, February 1, 1990. The time of adjournment was 10:37 p.m. Marjorie'K.\ Wahlsten, City Clerk City of ~O~ay 3648 NOTICE NOTICE IS HEREBY GIVEN THAT THE JANUARY 30, 1990, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: Upon motion by Councilmember Emery, seconded by Councilmember Brannon, Mayor Higginson ordered the meeting adjourned to 4'.30 p,m,, Thursday, Februer~ 1, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:37 p.m. Marjorie(K~ Wahlsten, City Clerk City of ~o~w~y, California January 31, 1990 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 meetings at approxima- tely 10:00 a.m. Dated at Poway, California, on January 31, lg90 Marjorie ~. Wahlsten, City Clerk City of PoWay, California