CC 1990 05-22 CITY OF POI~Y, CALIFORNIA
NZHUTE$ OF THE CITY COUNCIL REGULAR NEETZNG
#AY 22, 1990
The May 22, 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.
C~UI~CII.I~E~BER$ AKSgERII~ ROLL CALL
Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson
COUNCZL#ENBER$ AB~EHT AT ROLL CALL
None
STAFF #EI~ER$ PRESEHT
James Bowersox
Steve Eckls
John Fitch
Robert Thomas
Alan Archibald
Mark Sanchez
Reba Wrlght-Quastler
Mark Weston
Steve Streeter
Yolanda Collins
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
Sheriff's Lieutenant
Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldsmith led the Pledge of Allegiance.
PROCLANATION
Mayor Higginson declared the week of May 20 - 26 as "National Public Works Week"
and presented a proclamation to Jeff Cooper, Senior Vice President for BSI
Consultants, Inc.
PUBLIC OPAL Ct)I4NUNICATII~I$
Mayor Higginson explained the procedure for Public Oral Communications.
1. Anthony Rapaty, 13352 Whitewater Drive, spoke regarding grading practices
which result in water runoff.
e
David Rinaldo, 13035 Corona Way, spoke regarding lack of business license
certificate for operator of an in-park mobile home sales service at
Poway Royal Mobile Estates.
3780
Page 2 - CITY OF POWAY - May 22, 1990
CONSENT CALENDAR
Motion by Councllmember Emery, seconded by Councilmember Brannon to approve the
Consent Calendar as follows:
12. Approval of Minutes - City Council:
April 24, 1990, Regular Meeting
April 26, 1990, Adjourned Regular Meeting
May 1, 1990, Regular Meeting
14. Ratification of Warrant Register - May 3, 1990.
15. Approval of appropriation of funds in the amount of $98,547.00 for the
payment of the 1988-89 Workers' Compensation Retrospective Deposit adjust-
ment.
16. Approval of appropriation of funds in the amount of $157,149.00 for the
payment of the 1988-89 General Liability Retrospective Deposit adjustment.
17. Adoption of Resolution No. 90-103 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Deposits in the County
of San Diego Pool of Funds for Investment."
18. Adoption of Resolution No. 90-104 entitled, "A Resolution of the City
Council of the City of Poway, California, Ordering the Expansion of Poway
Landscape Maintenance District No. 83-01 to Include Tentative Tract Map
88-13 with Written Consent of all Property owners and Rescinding Resolution
No. 90-002," which annexed into Landscape Maintenance District 86-01,
located south of Stone Canyon Road, west of Country Squire Drive.
19. Adoption of Resolution No. P-90-36 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Comprehensive Sign
Program 90-01, Assessor's Parcel Numbers 317-225-04, 05; 317-224-01," Big
Bob's Electrical Signs applicant, Norman Nowell owner: a request to
establish a comprehensive sign program for Scenic View Business Park, a
multi-tenant industrial complex consisting of 11 buildings; located at the
eastern end of Kirkham Court and on the north side of Stowe Drive in the
Pomerado Business Park.
20. Adoption of Resolution No.P-90-37 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
90-16," Poway Business Street Fair, Poway Chamber of Commerce applicant: a
request for approval of a street fair to be held on Midland Road, May 27,
1990.
21. Approval of reimbursement in the amount of $14,523 for certain public sewer
main construction costs in conjunction with Poway Mini-Storage (CUP 87-01),
located on Poway Road near the intersection of Garden Road, Conrad Prebys
Trust, applicant.
3781
Page 3 - CITY OF POWAY - May ZZ, 1990
22. Approval of appropriation of funds in the amount of $10,000 for improve-
ments to the trailer at Pomerado Business Park.
23.
Approval of Amendment to First Amended and Restated Acquisition Agreement
with CF Pomerado for the improvement of Community Road/Metate Lane
intersection.
24.
Acceptance of the Phase I improvements in Pomerado Business Park (TM
85-04), authorization for release of securities; direction to staff to
record a notice of completion, CF Poway, Ltd., applicant; and adoption of
Resolution No. 90-105 entitled, "A Resolution of the City Council of the
City of Poway, California, Establishing the Placement of Temporary Stop
Signs at South Poway Parkway and Pomerado Road, South Poway Parkway and
Kirkham Road, South Poway Parkway and Community Road, and Stowe Drive and
Community Road."
25.
Receive and file report regarding pending legislation with recommendations
as follows: 1) Remove opposition to AB 3463 {LaFollette) and support
neutral position as revised, allowing one local government which has money
payable to another local government to deduct an amount only if the action
is undisputed; 2) Oppose SB 2274 {Bergeson), General Plan Housing Elements,
requiring local agencies to prepare housing element according to regional
housing needs; 3) Oppose SB 998 {Presley}, mandatory pass-through formula
or local negotiations at County option for redevelopment agencies; and 4)
Oppose SB 2688 (Rogers}, sanitation systems, limiting public agencies abi-
lity to regulate brine discharge.
25.1 Adoption of Resolution No. 90-106 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving those Certain
Agreements with the Poway Unified School District Concerning the Poway
Center for the Performing Arts," {Lease Agreement and Joint Use Agreement
for the operation of the Poway Center for the Performing Arts).
25.2 Award of bid in the amount of $407,835.00 for the construction of street
improvements on Aubrey Street from Community Road to Midland Road to ABC
Construction; and approval of appropriation of $82,000.00 from the water
fund for installation of water distribution system. {5235)
Motion carried unanimously.
ITEM 27
CLOSED SESSION
Mayor Higginson stated that the City Attorney's item for a closed session would
be held at this time.
City Attorney Eckis stated that he is requesting a closed session under
Government Code Sections 54956.9(c), whether to commence litigation, and
54956.8, give instruction to negotiator regarding terms and conditions for
acquisition of Poway Royal Mobile Estates. The negotiators will be the City
Attorney on behalf of the City, and Charles Black, the attorney of record for
the present owner of the mobile home park.
3782
Page 4 - CITY OF POWAY - May 22, 1990
The City Council, City Attorney, City Manager, Director of Planning Services,
and Assistant City Manager, entered closed session at 7:16 p.m.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 7:40 p.m., and City Attorney
Eckis announced that in closed session the Council had instructed that this item
be continued three weeks, and to take no action until adequate income surveys
are received from the residents of the mobile home park to provide a data base
to determine whether or not to go forward.
City Attorney Eckis explained the procedure for those wishing to speak regarding
the closed session. Speakers will be given an opportunity to address the
Council, no action will be taken, and the comments will be referred to staff.
William Ghiselin, 13046 Bonita Vista, spoke regarding increased rents, and a
high turnover rate due to lack of affordability.
ITEM 5
TENTATIVE PARCEL MAP 89-02 AMENDMENT
APPLICANT: JAY & SANDY GELB
Mayor Higginson stated that this item was continued from May 1, 1990 in response
to questions raised regarding undergrounding of utilities. City Manager
Bowersox stated that at their workshop held May 10, 1990, the City Council
directed staff to bring back a revised policy regarding undergrounding of utili-
ties. Staff recon~ends continuing this item until June 12, 1990 to be con-
sidered after adoption of the revised undergrounding standards policy.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to continue
this item to June 12, 199D. Motion carried unanimously.
ITEM 6
ORDINANCE NO. 318 - FIRST READING
STAGE II WATER ALERT
Mayor Higginson opened the public hearing and read the title of Ordinance No.
318, "An Ordinance of the City of Poway, California, Rescinding and Replacing
Sections 8.94.060 and 8.94.090 of the Poway Municipal Code regarding a Stage II
Water Alert."
Staff report by City Manager Bowersox. In response to Council direction at the
May i and May 8, lggO meetings, staff is recommending revisions to Stage II
Water Alert provisions of the water conservation ordinance. These revisions
include: allowing irrigation between the hours of 6 p.m. to 10 a.m.; allowing
the issuance of new construction meters; prohibiting emptying and refilling of
swimming pools unless approved for health and safety reasons; prohibiting opera-
tion of ornamental fountains; and requiring prompt repair of plumbing leaks or
broken irrigation systems.
3783
Page 5 - CITY OF POWAY - May 22, 1990
Speaking in opposition to staff recommendation: J. Case Estep, 12622 Mustang Drive
Ed Malone, Hidden Valley Ranch, 17150 Old Coach Road
Speakers addressing Council opposed daytime irrigation restrictions for agri-
cultural users.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Goldsmith, to waive further reading of Ordinance No. 318, as revised to allow
agricultural users to apply for an exemption to the watering hours by submitting
an irrigation plan for a 10% cutback in water usage, and to allow issuance of a
second warning before penalty phase; continue the public hearing to June 12,
1990, for second reading; direct staff to defer proactive enforcement until
after August, conduct an educational campaign in an attempt to achieve a 10%
reduction in water usage, and report back at the end August regarding effec-
tiveness of public education campaign. Motion carried unanimously.
ITEM 7
ORDINANCE NO. 319 - FIRST READING
DELETING ESPOLA ROAD AS A TRUCK ROUTE
Mayor Higginson opened the public hearing and read the title of Ordinance No.
319, "An Ordinance of the City of Poway, California, Deleting Section
10.42.010{C} of the Poway Municipal Code which Deletes Espola Road as a Truck
Route Between Westerly City Limit and Poway Road and Establishing the Effective
Date Thereof."
Staff report by City Manager Bowersox. On April 3, 1990, the Council directed
staff to review methods of preserving the option to close Espola Road to through
truck traffic if Proposition 111 is approved on the June 1990 ballot. If
adopted, Proposition 111 would limit a City's ability to restrict truck traffic
in their jurisdiction. The proposed ordinance would preserve the option of
closing Espola Road to through truck traffic should the City decide to exercise
that option in the future.
Speaking in favor of staff recommendation:
Brian Gibbs, 15060 Espola Road
Tom Elms, 15016 Espola Road
E. Nell Larson, 14643 Espola Road
Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to waive
further reading of Ordinance No. 319, and continue the public hearing to May 29,
1990, for second reading. Motion carried unanimously.
ITEM 8
NEIGHBORHOOD PARK POLICY & PROCEDURES
Staff report by City Manager Bowersox. At the March 13, 1990 meeting, the City
Council forwarded comments to the Parks and Recreation Advisory Committee to be
included in their discussions to develop a policy regarding the use of neigh-
borhood parks. The Parks and Recreation Advisory Committee has prepared a
3784
Page 6 - CITY OF POWAY - May 22, 1990
policy which sets forth the objective of scheduling the use of neighborhood
parks to achieve a balance between preserving the park for the enjoyment of the
surrounding neighborhood and use of the park to meet the needs of organized
sports. Staff recommends approval of the policy as prepared by the Parks and
Recreation Advisory Committee.
Speaking in favor of staff recommendation:
Dan Wiberg, 16632 Maverick Court, asked about a Community Park policy.
Dennis Marx, 14336 Sycamore Avenue, representing Poway Youth Sports
Association.
Motion by Councilmember Emery, seconded by Councilmember Brannon, to adopt
Resolution No. 90-107 entitled, "A Resolution of the City Council of the City of
Poway, California, Adopting the Neighborhood Park Policy and Procedures," and
directing staff to send a letter to the Poway Unified School District
encouraging the district to adopt a similar policy for school ballfields.
Motion carried unanimously.
ITEM 9
LIGHTING OF BASEBALL FIELDS AND TENNIS COURTS
AT TIERRA BONITA ELEMENTARY & TWIN PEAKS MIDDLE SCHOOL
City Manager Bowersox stated that on March 27, 1990, the City Council referred
this item to the Parks and Recreation Advisory Committee for consideration in
conjunction with the Sports Facilities Needs Assessment. As this evaluation has
not been completed, the Committee has requested that this item be removed from
the calendar.
Motion by Councilmember Emery, seconded by Councilmember Brannon, to remove this
item from the calendar. Motion carried unanimously.
ITEM 10
AIRPORT RELOCATION
Staff report by City Manager Bowersox. At the request of the City of San Diego,
SANDAG conducted the Air Carrier Airport Site Selection Study to determine the
best possible relocation site for Lindbergh Field and to accommodate long-range
regional aviation demand. Following completion of the study, SANDAG's staff
recommended to the Board of Directors that Otay Mesa be considered as a bi-
national airport site. The Public Facilities and Recreation Committee of the
San Diego City Council met to discuss the airport relocation alternatives and
voted to encourage the Port District to proceed with improvements to Lindbergh
Field to allow it to serve as a commercial air carrier airport as long as
possible, and to pursue other "21st century" solutions to the long-term airport
needs of the region. Staff recommends that the City Council support that posi-
tion.
3785
Page 7 - CITY OF POWAY - May 22, 1990
Speaking in favor of staff recommendation:
Rich Melaas, Community Planning Liaison, Code OOM, Naval Air Station
Miramar, stated that the Navy opposes any recommendation in support of
joint use or civil use of Miramar Naval Air Station.
Council concurred with staff recommendation.
ITEM 11
RESERVATION OF SEWER CAPACITY FOR
DEVELOPMENT REVIEW 87-06
APPLICANT: ANTHONY AVIANO & NEVILLE BOTHWELL
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. The
applicants are proposing a 49 unit apartment complex and a recreation building
at the northwest corner of Stowe Drive and Pomerado Road in the South Poway
area. On October 10, 1989, the Council approved Tentative Tract Map 89-04 for
this site, along with reserving one unit of sewer availability. The applicants
are requesting that the Council determine that the proposed development review
meets the public benefit standards established and issue a statement of availa-
bility for 49 EDUs. Staff has considered this project in light of the public
benefit standards established for issuance of sewer capacity from the
Redevelopment Projects category and has determined that the public benefit
derived from the project, as originally proposed, did not warrant reservation of
sewer capacity. Subsequent to staff's review of the project, the applicants
submitted a modification to provide 20 percent of the units as assisted housing
for a period of 30 years to meet the requirements of provision of low- and
moderate-income housing. With this revision, staff could support the findings
of public benefit to warrant reservation of sewer capacity.
Speaking in favor of staff recommendation:
Neville Bothwell, 5302 Alta Bahia Court, San Diego
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Kruse, to tentatively approve the issuance of a statement of sewer availability
from the Redevelopment Projects category for the development review as revised,
and direct staff to bring back resolution confirming on May 29, 1990. Motion
carried unanimously.
ITEM 11.1
REQUEST FROM CALMAT FOR WORKSHOP SESSION
Staff report by City Manager Bowersox. On June 19, 1990, a public hearing will
be held to consider an application from CalMat to allow continued and expanded
operation of their facilities in the South Poway area. CalMat has requested a
City Council onsite workshop at their Mission Valley operation. The request has
been reviewed by the City Attorney and it is his opinion that the request be
declined due to the difficulty to provide public access and to keep accurate
minutes, and that there is no authorization within State law for a City Council
to hold a meeting outside the City.
3786
Page 8 - CITY OF POWAY - May 22, 1990
Motion by Councilmember Emery, seconded by Councilmember Kruse, to decline the
request for a workshop session, and direct staff to encourage CalMat to present
their application at the June 19, 1990 public hearing. Motion carried unani-
mously.
CITY COUNCIL-INITIATED ITEMS
30. A.
Councllmember Goldsmith reported on items scheduled for discussion
at SANDAG's May 25, 1990 meeting, including approval for TRANSNET
funding for Poway Grade interim improvements, and regional factors
affecting quality of life for consideration under Proposition C -
Regional Planning and Growth Control Initiative.
Be
Councilmember Goldsmith discussed the Draft San Dieguito River Valley
Regional Open Space Park Concept Plan as approved by the Citizens
Advisory Committee and requested Councilmembers' comments.
Dan Wiberg, 16632 Maverick Court, asked about review by the Parks
and Recreation Advisory Committee.
AI~OURHNE#T
Upon motion by Councllmember Emery, seconded by Councilmember Kruse, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, May 24, 1990.
The time of adjournment was 9:00 p.m.
Marjorie K. Wahlsten, City Clerk
City of~P~Oway
3787
NOTICE
NOTICE IS HEREBY GIVEN THAT THE
COUNCIL OF THE CITY OF POWAY,
FOLLOWING ORDER:
MAY 22, 1990, REGULAR MEETING OF THE CITY
CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
ORDER OF Ab3OURHNEHT
Upon motion by Councilmember Emery,
seconded by Councilmember Kruse, Mayor
Higginson ordered the meeting adjourned to
4~30 p,m,, Thursday, ~ Z4, 1990
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 9:00 p.m.
Nancy/Neu~qov; D(pu%y City Clerk
City of P~way, California
Dated: May 23, 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 23, 1990
Nancy NeWelS, Deputy City Clerk
City of Poway, California