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CC 1990 09-11CITY OF P()HAY, CALIFOP. HIA NZHUTE$OF THE CZTYCOONCZL REGULAR NEETZNG SEPTENBER 11, 1990 The September 11, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:02 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COONClLNENBERSANS~ERING ROLL CALL Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson COUNClL#Et~ERSN~TAT ROLLCALL Linda Brannon (Councilmember Brannon arrived at 7:25 p.m.) STAFF NENBER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Robert Thomas Mark Sanchez Reba Wright-Quastler Mark Weston Steve Streeter Patrick Foley Pamela Colby Richard Howard Janis Acosta Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Safety Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Senior Management Analyst Management Analyst Management Analyst Management Assistant Deputy City Clerk PLEDGE OF ALLEGZANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. INVITATION Bill Haul, representing the Building Industry Federation, 12707 High Bluff Drive, Suite 110, San Diego, invited the Council to attend the BIA's Major Water Conference to be held in San Diego on September 20, 1990. PUBLIC ORAL CONNUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. Richard Adams, 14221 York Avenue, presented a petition requesting York Avenue be maintained as a public street, and asked about the status of redevelopment projects in the Old Poway area. City Manager Bowersox stated that staff will report back at the September 25, 1990 meeting. 3898 Page 2 - CITY OF POWAY - September 11, 1990 CONSENT CALENDAR Mayor Hlgginson stated that staff had requested to remove Item 14 from calendar. Motion by Councllmember Kruse, seconded by Councilmember Emery to approve the Consent Calendar as follows, excluding Item 14: 11. Approval of Minutes - City Council: August 7, 1990, Regular Meeting August 9, 1990, Adjourned Regular Meeting 13. Ratification of Warrant Register - August 23, 1990. 15. Adoption of Resolution No. P-90-68 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 90-56," for Annual Poway Days Events, Chamber of Commerce applicant. 16. Award of bid in the amount of $248,212.00 for the construction of Avenida Florencia and Camino del Valle Street and Storm Drain Improvements to Papac Corporation. {1409-1410) 17. Receive and file report regarding end of California Legislature's 1990 Session. 17.2 Approval of appropriation of $29,000.00 from the City's Transportation Development Act {TDA) Reserve funds for a transit survey. 17.3 Approval of amendment to Section III {Membership) of the Performing Arts Advisory Committee Charter {continued from September 4, 1990, Item 12). 17.4 Approval of donation of surplus 1961 American LaFrance fire apparatus to Inter-Mountain Volunteer Fire and Rescue Department. Motion carried 4-0, with Councilmember Brannon absent. (Councilmember Brannon arrived at 7:25 p.m.) ITEM 4 ACQUISITION OF POWAY ROYAL MOBILE ESTATES Mayor Higginson stated that this item was continued from August 7, 1990. City Manager Bowersox stated that the negotiators, identified as City Attorney Eckis for the City and attorney Charles Black for the property owner, have received updated property appraisals and are continuing the negotiations for the acquisition of the Poway Royal Mobile Home Park. Staff recommends this item be continued to October 16, 1990. 3899 Page 3 - CITY OF POWAY - September 11, 1990 Speaking in favor of staff recommendation: William Ghiselin, 13046 Bonita Vista David M. Rinaldo, 13035 Corona Way Allan Kozakiewicz, 13118 Alpine Drive Andrew Nowicki, 13227 Dana Vista Those addressing Council stated that they have received notification from the present owners of a rental increase and requested the Council consider a rent rollback or rent freeze. Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to continue this item to October 16, 1990, and direct staff to bring back a report regarding the City's options if a negotiated acquisition cannot be reached by October 9, 1990. Motion carried unanimously. ITEM 5 ORDINANCE NO. 323 - SECOND READING ST. JOHN OF DAMASCUS CHURCH Mayor Hlgginson read the title of Ordinance No. 323, "An Ordinance of the City of Poway, California, Issuing a Letter of Availability for Sewer Capacity from the Reserve Category to St. John of Damascus Church, Assessor's Parcel Number 273-820-09," and stated he was disqualifying himself as he resides within 1,000 feet of the property. City Manager Bowersox stated staff is reco. m,lending approval of this item which would authorize issuance of a letter of availability for two units of sewer capacity from the Reserve Category for St. John of Damascus Church. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the public hearing, waive further reading and adopt Ordinance No. 323. Motion carried 4-0 on a roll call vote, with Mayor Higginson disqualifying himself. ITEM 6 CONDITIONAL USE PERMIT 90-07 APPLICANT: U.S. WEST CELLULAR Mayor Higginson opened the public hearing. City Manager Bowersox stated that the applicant, U. S. West Cellular, has requested a continuance in order to discuss concerns expressed by neighbors and several homeowners' associations. Staff recommends approval of continuance. Speaking in favor of staff recommendation: Sharon Carpenter, 15935 E1Camino Entrada Motion by Councilmember Emery, seconded by Councllmember Kruse, to continue the public hearing to an indefinite date and schedule an on-site workshop session to review the issues related to the project. Motion carried unanimously. 3900 Page 4 - CITY OF POWAY - September 11, 1990 ITEM 7 VARIANCE 90-07 APPLICANT: RICHARD ANDERSON Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to approve a variance for an existing 9 foot, 3 inch high retaining wall where six feet is the maximum height permitted, located at 14398 Blue Sage Road. The additional wall height has been required to insure the stability of the rocky cut slope on the east side of the lot. Staff recom- mends approval. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Brannon, to close the public hearing and adopt Planning Resolution No. P-90-69 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 90-07, Assessor's Parcel Number 278-424-18." Motion carried unanimously. ITEM 8 AMENDING THE FACILITIES TO BE FINANCED BY COMMUNITY FACILITIES DISTRICT NO. 90-1 TECH BUSINESS CENTER AND CALLING AN ELECTION Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On May 8, 1990, the City Council approved the formation of Community Facilities District No. 90-1 for the purpose of financing the public improve- ments for the Tech Business Center in South Poway. The developers have peti- tioned the district to amend the list of improvements to include sewer facilities and incidental expenses in the amount to be financed. On August 7, 1990, the City Council adopted a resolution of consideration to change the faci- lities. Staff recommends adoption of a resolution authorizing changes in the public facilities to be financed and calling for a landowner election to be held September 18, 1990. There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Kruse, to close the public hearing, and adopt Resolution No. 90-186 entitled, "A Resolution of the City Council of the City of Poway Acting as the Legislative Body of Community Facilities District No. 90-1 of the City of Poway {Tech Business Center) Authorizing Changes in the Public Facilities to be Financed and Calling an Election." Motion carried unanimously. 3901 Page 5 - CITY OF POWAY - September 11, 1990 ITEM 9 ADOPTION OF SPEED SURVEY FOR VALLE VERDE ROAD AND ORDINANCE NO. 324 - FIRST READING ESTABLISHING SPEED LIMIT FOR VALLE VERDE ROAD Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. At the request of a Lomas Verdes resident, the Traffic Safety Committee reviewed the existing speed limit for Valle Verde Road north of Starmount Way. A speed survey was conducted on June 19, 1990, which is a requirement in order to utilize radar for traffic enforcement. The Committee recommends that the speed survey be adopted on Valle Verde Road from Starmount Way to Old Winery Road; that two 35 mph speed limit signs be placed on Valle Verde Road north of Starmount Way; and adoption of an ordinance establishing a 35 mph speed limit on Valle Verde Road from Starmount Way to Old Winery Road. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Emery, to adopt Resolution No. 90-187 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting a Speed Survey Establishing a 35 Mile Per Hour Speed Limit on Valle Verde Road from Starmount Way to Old Winery Road." Motion carried unanimously. Mayor Hlgginson read the title of Ordinance No. 324, "An Ordinance of the City of Poway, California, Adding Section 10.32.230{D) to the Poway Municipal Code Establishing a Speed Limit for Valle Verde Road from Starmount Way to Old Winery Road." Motion by Councllmember Kruse, seconded by Councilmember Emery, to waive further reading of Ordinance No. 324, and continue the public hearing to September 25, 1990, for second reading. Motion carried unanimously. ITEM 10 LIBRARY ADVISORY COMMITTEE CHARTER Staff report by City Manager Bowersox. At their August 14, 199D meeting, the City Council directed staff to prepare a charter for a Library Advisory Committee. This committee would advise the Council on improving the existing library facility; planning for a community library; and integrating any future Palomar College expansion into our library services. Staff recommends that the Council review and approve the Library Advisory Committee charter. Speaking in favor of staff recommendation: Susan Sheldon, President, Poway Friends of the Library, 13411 Starridge Street, requested the committee be assigned an additional duty of site selection for a community library. Motion by Councilmember Emery, seconded by Councilmember Kruse, to approve the Library Advisory Committee charter with revision to Section II, Duties, Paragraph 2, to add site selection. Motion carried unanimously. 3902 Page 6 - CITY OF POWAY - September 11, 1990 ITEM 10.1 REQUEST FOR REHEARING FOR CONDITIONAL USE PERMIT 90-O§/DEVELOPMENT REVIEW 88-01 APPLICANT: RICHARD DARR City Manager Bowersox stated that staff recommends this item be removed from calendar as the applicant has withdrawn his request for a rehearing. Motion by Councilmember Emery, seconded by Councilmember Kruse, to remove this item from calendar. Motion carried unanimously. ITEM 19 CITY ATTORNEY ITEMS A. City Attorney Eckis stated that he is requesting a closed session under Government Code §54956.9(c) to determine whether to initiate litigation. City Attorney Eckis stated that he is requesting a closed session under Govenment Code §54956.g(a) to discuss pending litigation as follows: San Marcos Development vs. City of Poway; Laugen vs. City of Poway; and Grover vs. City of Poway. City Attorney Eckis also requested a closed session to discuss Buckley vs. City of Poway, and that Council find that a closed session should be held under Government Code §54956.g{a), in that the need has arisen within the past 72 hours. Motion by Councllmember Kruse, seconded by Councilmember Emery, to find that a closed session should be held as recommended by the City Attorney. Motion carried unanimously. City Attorney Eckis announced that AB 3148 regarding petition circulators has passed the Legislature and is on the Governor's desk for signature. CITY COUNCIL-INITIATED ITEMS 20. Councllmember Brannon announced that she and Councilmember Goldsmith will be attending the State Coastal Commission meeting on Thursday, September 13, 1990, in Marina Del Rey to present testimony regarding the west extension of State Route 56. 24. Mayor Higginson stated that he and Councilmember Kruse have concurred to act as the subcommittee for annual salary reviews for the Council's appointed employees {City Manager, City Clerk and City Attorney}. CLOSED SESSION Mayor Higginson called for a closed session at 8:01 p.m. as City Attorney. requested by the 3903 Page 7 - CITY OF POWAY - September 11, 1990 AD,)OURNI4E#T Mayor Higglnson called the meeting back to order at 9:29 p.m. with all Councilmembers present and stated that the Council had instructed the City Attorney. Upon motion by Councilmember Kruse, seconded by Councilmember Goldsmith, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, September 13, 1990. The time of adjournment was 9:30 p.m. Marjor!e K. Wahlsten, City Clerk City o f~Oway 39O4 NOTICE NOTICE IS HEREBY GIVEN THAT THE SEPTEMBER 11, lggo, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF AI~I~IRI~IENT Upon motion by Councilmember Kruse, seconded by Councilmember Goldsmith, Mayor Higginson ordered the meeting adjourned to 4:30 p,m,, Thursday, September 13, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:30 p.m. Marjorie ~K. Wahlsten, City Clerk City of~Pi~way, California September 12, 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 lO:DO a.m. Dated at Poway, California, on September 12, 1990 Marjoqie~. Wahlsten, City Clerk City o~_~,oway, California