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.
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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.
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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.
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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.
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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.
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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
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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