CC 1990 05-08NOTICE
NOTICE IS HEREBY GIVEN THAT THE MAY 8, lggo, REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER:
ORDER OF AD~OU~I~EMT
Upon motion by Councilmember Brannon,
seconded by Councilmember Goldsmith, Mayor
Higginson ordered the meeting adjourned to
4:30 p,m,, Thursd~, ~ 10, 1990
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 9:35 p.m.
Nan6y{Neu~'el~F, g'epu~cy City Clerk
City of Poway, California
Dated: May 9, 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 May 9, 1990
Nan6y(Neu~l~d, Deputy City Clerk
City of Poway, California
CZTY OF POMAY,, CALZFORHZA
#ZHUTE$ OF THE CZTY COUHCZL REGULAR NEETZHG
gAY 8, 1990
The May 8, 1990, regular meeting of the City Council of the City of Poway
was called to order at 7:04 p.m. by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCZL#E#BERSANSWERZNGROLLCALL
Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson
COIJNCZL#E#BER$ AI~E#T AT ROLL CALL
None
STAFF #EI4BER$ PRE~ENT
James Bowersox
Steve Eckls
John Fitch
Robert Thomas
Alan Archibald
Mark Sanchez
Reba Wright-Quastler
Mark Weston
Steve Streeter
Peter Moote
Nancy Neufeld
City Manager
City Attorney
Assistant City Manager
Director of Community Services
Director of Public Services
Director of Safety Services
Director of Planning Services
Director of Engineering Services
Assistant Director of Planning Services
Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldsmith led the Pledge of Allegiance.
PROCLANATXON
Mayor Higgiflson declared May 16 1990 as "Peace Officers Memorial Day" in Poway
and presented a proclamation to Charles Hill, Executive Director of the San
Diego Crime Commission.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
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Page 2 - CITY OF POWAY - May 8, 1990
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Kruse to approve the
Consent Calendar as follows:
10. Approval of Minutes - City Council:
April 17, 1990, Regular Meeting
12. Ratification of Warrant Register - April 19, 1990.
13. Approval of reduction in security for Sycamore Creek, Tentative Tract Map
83-02, Oceanview Development Company, applicant; located at the easterly end
of Garden Road.
14. Approval of reduction of security for Tentative Parcel Map 89-09, Q6 Homes,
applicant; located approximately 500 feet east of Midland Road on the south
side of Janette Lane.
15. Approval of temporary water connection, Robin and Nancy Nelson, applicants;
located at 12310 Kozy Crest Lane, as amended to possibly require a 1" meter
to obtain adequate pressure for the residential sprinkler system.
17. Receive and file report regarding pending legislation with recommendations
as follows: 1) Support AB 2844 (Polanco), providing for the Director of
Alcoholic Beverage Control to revoke a liquor license prior to instituting
an administrative hearing; 2} Oppose AB 3463 {Mountjoy), allowing one local
government that has money payable to another local government to deduct an
amount which it feels is owed to them; 3) Oppose SB 1853 {Kopp), requiring
open meetings of existing advisory committees or task forces when one or
more members of a legislative body are included in the membership; 4}
Support SB 1998 {Bergeson), creating the Local Government Technical
Advisory Committee to the Waste Management Board created by AB 939; 5)
Oppose SB 2443 {Torres}, permitting dispute resolution procedures for local
government employees; Receive and file report regarding legislative update
as follows: 1) AB 264 {Lancaster), firefighter's drivers license require-
ments; 2} AB 2158 {Costa}, Public Water Systems, regulations and fees for
conducting the state's drinking water program; 3} AB 2666 {Hansen),
authorizing a fire district to adopt building standards relating to fire or
panic safety that are more stringent than those standards adopted by the
State Fire Marshal; 4) AB 2845 {Polanco), prohibiting the sale of fortified
wines; 5) AB 4242 {Brown) establishing a regional development and
infrastructure agency for seven geographical regions; 6} SB 88 {Garamendi},
providing for implementation of SCA 1 {Proposition 111) on the June, 1990
ballot; 7) SB 1830 {Green), authorizing a fire district to adopt building
standards relating to fire or panic safety that are more stringent than
those standards adopted by the State Fire Marshal; 8) SB 2011 (L. Greene},
General Plan Housing Elements, limiting local agency discretion over appro-
val of low and moderate income housing projects; 9} SB 2274 {Bergeson),
General Plan Housing Elements, requiring local agencies to prepare housing
element according to regional housing needs; 10) ACA i {McClintock), State
Mandated Programs and Services, mandates would become optional unless fully
funded by the state.
Motion carried unanimously.
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Page 3 - CITY OF POWAY - May 8, 1990
ITEM 5
SPECIFIC PLAN AMENDMENT 84-01D/TENTATIVE TRACT MAP 88-04R
APPLICANT: McMILLIN EQUITY PARTNERS II
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 amend the South Poway Specific Plan to allocate up to 17 addi-
tional residential lots to the McMillin property, located on the west side of
Pomerado Road at its intersection with Creek Road, and south of South Poway
Parkway, and to add 15 residential lots to the previously approved Tentative
Tract Map. On September 6, 1988, the City Council approved Tentative Tract Map
88-04, which proposed 105 single-family homes and one commercial lot on this 136
acre site. Conditions of approval require that South Poway Parkway be dedicated
to its ultimate width of 6 lanes and constructed to 4 lanes plus a median from
Pomerado Road to western City limits. On May 15, 1990, the Redevelopment Agency
will be considering an Owner Participation Agreement, along with a Health &
Safety Code Section 33433 Report, to provide assistance in funding the construc-
tion of South Poway Parkway. Staff recommends revisions to conditions of appro-
val regarding: slope rights for adjacent development; no reservation of acess
across the southwest corner of Lot D for future road; updated springtime biolo-
gical survey; providing for conformance with the Owner Participation Agreement
for development, park, sewer annexations, and street light annexation fees;
existing noise analysis for South Poway Parkway sufficient for lots near road-
way; final contour grading to be in conformance with Tentative Tract Map;
reclaimed water distribution system for LMD maintained areas per Phase I Master
Plan; safety service requirements for fire control; open space easements over
Lots 1 thru 6 and 60 thru 73; and dedication of Lots A and B as open space.
Staff recommends the Council find that the previously certified EIR for the
South Poway Planned Community Development Plan, the EIR addendum, the subsequent
EIR, and the updated Initial Study for the Specific Plan Amendment and Tentative
Tract Map revision have been considered and found to be adequate, and approve
the Specific Plan Amendment and Tentative Tract Map revision.
Speaking in favor of staff recomlmlmendation:
Jim Ondler, McMillin Equity Partners II, 2727 Hoover Avenue, National City,
requested modification to the conditions of approval to expand the
traffic study to the Pomerado Road/Creek Road intersection.
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court, spoke regarding density, grading and loss of
open space.
Betty Rexford, 11570 Creek Road, requested extension of public facilities to
serve the Creek Road residents, and additional traffic study for the
Pomerado Road/Creek Road intersection.
Milton Upton, 6289 Camino Corto, San Diego, representing Village and Country
Properties, property owner to the west, requested dedication of roadway
alignment across Lot D for Cypress Canyon Road.
City Manager Bowersox stated that Cypress Canyon Road is not included in Poway's
Circulation Element and we are not bound by the Scripps Ranch Plan. We are
currently negotiating acquisition of right-of-way for South Poway Parkway from
Mr. Upton and this can be discussed as part of these negotiations.
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Page 4 - CITY OF POWAY - May 8, 1990
In response to Council's inquiry, City Manager Bowersox stated the grading on
the project will be the same with or without additional units and the benefit to
the City is economic because of the amount the developer will pay for the six-
lane South Poway Parkway. The Agency participation will be $907,0D0 at this
density.
Council discussion included: the importance of South Poway Parkway as a
regional transportaton link, and concern regarding the increased density for the
revised Tentative Tract Map. Council requested a report detailing the
Redevelopment Agency's contribution toward the construction of South Poway
Parkway through the Owner Participation Agreement with and without the addi-
tional 15 residential lots.
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to con-
tinue the public hearing to May 15, 1990 in order to provide staff time to pre-
pare a report outlining incremental contribution. Motion carried 4-1, with
Councilmember Kruse voting "no."
ITEM 6
DECLARING PROPERTY TO BE A PUBLIC NUISANCE
LOCATION: 16100 DEL NORTE ROAD/OWNER: GABILAR LAOW
Mayor Higginson opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Safety Services Sanchez. This hearing is
being held to determine whether conditions exist to declare the property at
16100 Del Norte Road a public nuisance and to order the cleanup of the site,
including the removal of all vehicles, parts, tires, equipment, tow trucks, fur-
niture and all material related to an auto repair business. Staff has received
numerous complaints that an auto repair business was being conducted at this
property. On March 29, 1990 staff inspected the property and granted the owner,
Mr. Gabilar Laow, a 30-day extension with the agreement that all violations
would be permanently removed by May 2, 1990. Weekly inspections were made to
verify progress. The inspection conducted on May 3, 1990 found 14 inoperable
vehicles, stacks of tires, several barrels of auto-related fluids, air
compressor, engine blocks, auto-related tools, equipment and various auto parts.
Staff recommends that the City Council find that the conditions on the property
to be a public nuisance, order the removal of all vehicles, equipment, tires,
tow trucks, parts and furniture related to an auto repair busines at the pro-
perty owner's expense with payment of costs to be secured by assessment and
lien.
Speaking in favor of staff recommendation:
Alan Sugarman, 13385 Fallen Leaf Road, representing Green Valley Civic
Association
James Ludwig, 16152 Del Norte Drive
T.W. Lord, 12829 Stone Canyon Road
Speaking in opposition to staff recommendation:
Johnny Laow, 16100 Del Norte Road, stated he was representing his brother,
Gabilar Loaw, who owns the property, and requested a continuance to
June 1, 1990 in order to finalize lease arrangements for the relocation
of their auto repair business.
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Page 5 - CITY OF POWAY - May 8, 1990
City Attorney Eckis stated he has been handed a copy of a fully executed "Intent
to Lease" by Mr. Laow for property in San Diego. His office will request a copy
of the lease and monitor the items for substantial progress as they have in
other cases.
In response to Council inquiry, City Manager Bowersox stated that the County
Department of Health has inspected the property for possible hazardous materials
violations and will continue their investigation.
Motion by Councilmember Brannon, seconded by Councilmember Emery, to close the
public hearing, and adopt Resolution No. 90-088 entitled, "Resolution Declaring
the Property at 16100 Del Norte Road a Public Nuisance, Ordering the Removal of
all Vehicles, Equipment, Tires, Tow Trucks, Parts and Furniture Related to an
Auto Repair Business at the Property Owner's Expense with Payment of Costs to
be Secured by Assessment and Lien." Motion carried unanimously.
RECESS AgO CALL TI) t~DER
Mayor Higginson recessed the meeting at 8:39 p.m., and called it back to order
at 8:46 p.m., with all Councilmembers present.
ITEM 7
FORMATION OF SOUTH POWAY COMMUNITY FACILITIES DISTRICT NO. 90-1
TECH BUSINESS CENTER
Mayor Hlgginson opened the public hearing. Staff report by City Manager
Bowersox. The developers of the Tech Business Center, Tentative Tract Map
89-08, have requested that a CO,ml~unity Facilities District be formed for the
purpose of issuing bonds in the amount of $16 million, and levying a special tax
on the property within the district to be used to service the debt on the bonds.
The proceeds will be used to install the public improvements required to develop
their 195.5 acre industrial park in South Poway. The developer will pay the
costs associated with the required election. Staff reco~mF~ends that "Insurance"
Costs on Page 4 of the Engineer's report be changed to "Issuance" Costs.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Kruse, to close the
public hearing, and adopt Resolution No. 90-089 entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing COFl~)unity Facilities
District No. 90-1, Authorizing the Levy of a Special Tax within Community
Facilities District 90-1 and Calling an Election;" and Resolution No. 90-090
entitled, "A Resolution of the City Council of the City of Poway, California,
Determining the Necessity to Incur Bonded Indebtedness in the Amount of
$16,000,000 within Community Facilities District 90-1 of the City of Poway and
Calling an Election." Motion carried unanimously.
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Page 6 - CITY OF POWAY - May 8, 1990
ITEM 7.1
TENTATIVE PARCEL MAP 16321 AMENDMENT
OWNERS: FRANK & HELEN THORNBURG
APPLICANT: H & L LAND DEVELOPMENT
Councilmember Emery stated he was disqualifying himself from this item. Mayor
Higginson stated this item was continued from May 1, 1990, in order to address
concerns raised by adjacent property owners regarding private road access and
easements for the area. Introduction by City Manager Bowersox. Staff report by
Director of Planning Services Wright-Quastler. The applicant has met with the
neighbors and is willing to quit claim, vacate or covenant access to the south
property line and to agree with the Planning and Engineering Departments to void
or negate access on the north property line. Staff concurs and recommends
approval.
Speaking in opposition to staff recommendation:
Naren Rathod, 14554 Twin Peaks Road
Speaking in favor of staff recommendation:
Bernard Reeder, 12984 Lomas Verde Drive, applicant
Motion by Councilmember Goldsmith, seconded by Councilmember Kruse, to close the
public hearing, and adopt Planning Resolution No. P-90-29 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Tentative Parcel Map Amendment 16321A, Assessor's Parcel Number 321-23D-87, 88,
89, 90," as amended regarding access. Motion carried 4-0, with Councilmember
Emery abstaining.
ITEM 8
PROPOSAL BY U.S. WEST CELLULAR FOR
ANTENNA PLACEMENT AT BOULDER MOUNTAIN TANK SITE
Staff report by City Manager Bowersox. This is a request by U.S. West Cellular
to receive Council input prior to submitting a Conditional Use Permit applica-
tion for placing cellular whip antennas and an equipment building on or adjacent
to one of the Boulder Mountain Road water tanks. Staff recommends allowing U.S.
West Cellular to submit a Conditional Use application for transmission facili-
ties at Boulder Mountain Road water tank site and, if approved, proceed with
negotiating a lease agreement.
David Guillen, U.S. West Cellular, 3350 161st Avenue E, Bellview,
Washington, presented details of the project.
Council concurred that they would be willing to look at a Conditional Use Permit
application and a draft lease agreement with the City for the site, and
requested illustrations of free-standing vs. attached antennas currently in use
at other locations.
Motion by Councilmember Emery, seconded by Councilmember Brannon to approve
staff recommendation. Motion carried unanimously.
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Page 7 - CITY OF POWAY - May 8, 1990
ITEM 9
MINOR DEVELOPMENT REVIEW 90-30
APPLICANT: CONNIE M. CAYLOR
City Manager Bowersox stated that on April 24, 1990, the City Council continued
this item in response to neighbors concerns in an attempt for the applicant to
make design changes to the north and south elevations. The applicant has
modified the roof eave line with a facia board and the addition of wood style
frame around the windows. Staff concurs that the modifications adequately
address the issues raised and recommends approval.
Speaking in favor of staff recommendation:
Cliff Hubbell, 13823 Tobiasson Road, presented modifications proposed
applicant.
by
Speaking in opposition to staff recommendation:
Glenn Cecil, 13817 Tobiasson Road, requested the proposed two-story addition
be placed on the north side of the lot.
Motion by Councllmember Kruse, seconded by Councilmember Brannon, to adopt
Planning Resolution No. P-go-30 entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Minor Development Review 90-30,
Assessor's Parcel Number 314-152-06," as modified by applicant. Motion carried
unanimously.
ITEM 9.1
STAGE II WATER ALERT
Staff report by City Manager Bowersox. In response to a request by the San
Diego County Water Authority {SDCWA}, on May 1, 1990, the City Council directed
the City Manager to post a notice of a Stage II Water Alert. The SDCWA has also
asked that each member agency consider implementing a water conservation rate
structure or inclining block rate. The additional revenues could be used to
implement water conservation measures, such as education, ordinance enforcement,
technical assistance, and a retrofit program. Staff will bring back a recommen-
dation on water rates as part of the 1990-91 water and sewer rate hearings.
The Stage II Water Alert measures have been modified and are less restrictive
than our Water Conservation ordinance. Staff will bring back modifications to
the Poway Municipal Code at the May 22, 1990 meeting. Staff recommends that the
City Council ratify the City Manager's declaration of a Stage II Water Alert.
Motion by Councilmember Emery, seconded by Councilmember Kruse, to approve staff
recommendation. Motion carried unanimously.
ITEM 9.2
AB 939 INTEGRATED WASTE MANAGEMENT TASK FORCE
Staff report by City Manager Bowersox. AB 939 requires that each County convene
an Integrated Waste Management Task Force to establish policy regarding the
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Page 8 - CITY OF POWAY - May 8, 1990
County's Integrated Waste Management Plan. SANDAG has asked that a majority of
the Cities in the County ratify SANDAG's recommendation that they be the AB 939
Task Force Policy Committee.
Motion by Councilmember Emery, seconded by Councilmember Kruse, to adopt
Resolution No. 90-091 entitled, "A Resolution of the City Council of the City of
Poway, California, to Establish AB 939 Integrated Waste Management Task Force
and Designating a City Representative," and appoint Councilmembers Goldsmith and
Brannon as representative and alternate, respectively. Motion carried unani-
mously.
ITEM 9.3
TEMPORARY WATER & SEWER CONNECTION
APPLICANT: TIM J. CONNOLE
ITEM 9.4
MINOR DEVELOPMENT REVIEW 89-188
APPLICANT: TIM J. CONNOLE
(Councilmember Emery stated he was disqualifying himself from Items 9.3 and 9.4
and left the meeting at 9:25 p.m.}
City Manager Bowersox stated that these items were continued from May 1, 1990,
in response to questions raised by neighbors regarding access and easements.
Staff report by Director of Planning Services Wright-Quastler. Following
discussions with staff, the applicant has agreed to the following revisions to
conditions of approval: relinquish easement rights to Pebble Canyon Drive; pri-
vate road to be widened to at least 12 feet between Shoops/Felkins driveway and
Wilson's driveway; telephone cables along west side of private road to be
trenched and undergrounded; and property to be readdressed from Pebble Canyon
Drive to Twin Peaks Road. Staff recommends approval.
Speaking in opposition to staff recommendation:
Naren Rathod, 14554 Twin Peaks Road
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to adopt
Planning Resolution No. P-gD-3! entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Minor Development Review 89-188,
Assessor's Parcel Number 321-230-22," as revised. Motion carried 4-0, with
Councilmember Emery abstaining.
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to approve
temporary water and sewer connection for Assessor's Parcel Number 321-230-22."
Motion carried 4-0, with Councilmember Emery abstaining.
ITEM 18
CITY MANAGER ITEMS
City Manager Bowersox announced that the California Department of Finance has
set the population for Poway at 44,368 as of January 1, 1990.
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Page 9 - CITY OF POWAY - May 8, 1990
CITY COUNCIL-INITIATED ITEMS
22. Councilmember Goldsmith reported on SANDAG's April 27, 1990 meeting.
24. Mayor Higginson announced the Poway Center for the Performing Arts opening
activities to be held this weekend.
Upon motion by Councilmember Brannon, seconded by Councilmember Goldsmith, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, May 10, 1990.
The time of adjournment was 9:35 p.m.
Marjorfe ~. Wahlsten, City Clerk
Cit~ off, way
3765