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CC 1990 10-16NOTICE NOTICE IS HEREBY GIVEN THAT THE OCTOBER 16, 1990, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: OROER OF AI~)OURHNE#T Upon motion by Councilmember Kruse, seconded by Councilmember Brannon, Mayor Higginson ordered the meeting adjourned to 4~30 p,m,, Thursday, October 18, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 12:35 a.m., October 17, 1990. Marjorie K. Wahlsten, City Clerk City o~oway, California October 17, 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:OD a.m. Dated at Poway, California, on October 17, 199D rjorte l(. Wahlsten, City Clerk City oi~ Poway, California CXTY OF PO'dAY, CAL~FORH~& #XHUTE$ OF THE C~TY C'OUI~L REGULAR #EET:ZHG The October 16, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:00 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. CtXlItCXL#L:NBERSAIt~WERXItG ROLLCALL Bob Emery, Jan Goldsmith, Carl Kruse, Don Higglnson COUNCXL#EI~ERSAB~EHTAT ROLL CALL Linda Brannon (Councilmember Brannon arrived at 7:03 p.m.) STAFF NE. ERS PRE~EHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Robert Thomas Alan Archibald Bob Krans Peggy Stewart Reba Wright-Quastler Mark Weston Steve Streeter Yolanda Collins Patrick Foley Pamela Colby Peter Moote Janis Acosta Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Public Services Fire Battalion Chief Director of Administrative Services Director of Planning Services - Director of Engineering Services Assistant Director of Planning Services Sheriff's Lieutenant Principal Management Analyst Management Analyst Management Analyst Management Assistant Deputy City Clerk PLEBE OF ALLEGIANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. Mayor Higginson declared October 21 - 28, 1990 "Red Ribbon Week" and presented a proclamation to Phil Factor, representing CONTACT Community Network. PUBLIC OI~L I~I~TI[]t~ Mayor Higginson explained the procedure for Public Oral Communications. 1. Orval Hill, 13001Bowron Road, #6, spoke regarding water conservation. 3935 Page 2. 2 - CITY OF POWAY - October 16, 1990 Mary Ann Dix, 13953 Magnolia Avenue, spoke about her eviction notice from Redevelopment Agency-owned Poinsettia Mobile Home Park and asked for relief. City Manager Bowersox stated that staff will report back at the October 30, 1990 meeting. William Scandalis, 12881 Indian Trail, representing United Poway Swim Club, spoke regarding reduction in Community Park swimming pool hours. Ronald Sawzak, 15754 Riparian Road, presented a petition requesting parking restrictions for Riparian and Oakstand Roads, adjacent to Poway High School. Clark Prestia, 16240 Martincoit, spoke regarding reduction in pool hours. Jim Settler, 14440 Carlson Court, spoke regarding reduction in pool hours. ITEM 5 CLEAN WATER PROGRAM - PROGRESS REPORT Peggy Umphres presented a status report from The Clean Water Program for Greater San Diego. She stated that in May, 1990 the project facilities planning efforts were completed and the related draft environmental documents for the upgrade and expansion of the Metropolitan Sewerage System were being circulated for review and comments. The Clean Water Program is proposing that the solids byproducts from Poway's reclamation plant be transported to a proposed centralized pro- cessing plant to be located in North City's Eastgate Mall. Council thanked Ms. Umphres for this update. CONSENT CALENDAR Mayor Higginson stated that staff requested Item 18.1 be removed from calendar and brought back after the Library Advisory Committee has reviewed. Motion by Councilmember Goldsmith, seconded by Councilmember Emery to approve the Consent Calendar as follows: 16. Approval of Clean Water Program Governance Advisory Group's final recommen- dation regarding future ownership and governance of Metro Sewerage System. (1503-17) 17. Ratification of Warrant Register - September 27, 1990. (401-10) 18. Release of grading security, Pomerado Business Park, Tentative Tract Map 85-04, Phase I, Lots 29 and 30, Pomerado Properties applicant; G 566-89. (405-09) Motion carried unanimously, including removing Item 18.1 from calendar. 3936 Page 3 - CITY OF POWAY - October 16, 1990 ITEM 19 CITY MANAGER ITEMS A. City Manager Bowersox stated that he is requesting a closed session under Government Code §54956.9{c) to determine whether to initiate litigation. ITEM 20A CITY ATTORNEY ITEMS City Attorney Eckis stated he is requesting a closed session under Government Code §54956.8 to give instructions to negotiator regarding terms and conditions for acquisition of Poway Royal Mobile Estates. The negotiators will be the City Attorney and City Manager on behalf of the City, and Charles Black, the attorney of record for the present owner of the mobile home park. CLOSED SESSION Mayor Higginson called for a closed session at 7:40 p.m. as requested by the City Manager and the City Attorney. CALL TO ORDER Mayor Higglnson called the meeting back to order at 8:05 p.m. with all Councilmembers present and announced that in closed session the Council gave instructions to their negotiator, and that no action was taken regarding litigation. ITEM 19 CITY MANAGER ITEMS Be City Manager Bowersox announced that the San Diego City Council, at their meeting held today, approved an agreement with the City of Poway that would provide for the opening of Pomerado Road upon completion of the new align- ment. The improvements are scheduled for completion on October 19, 1990. As a part of the agreement, the City will limit truck traffic on Pomerado Road. An ordinance amendment is required and will be considered under Item 10 on tonight's agenda. ITEM 6 ACQUISITION OF POWAY ROYAL MOBILE ESTATES Mayor Higginson stated that the public hearing was continued from September 11, 1990. Staff report by City Manager Bowersox. On April 25, 1989, the Council directed staff to initiate negotiations with the owners of Poway Royal Mobile Estates for the possible purchase of the park by the Redevelopment Agency. After more than a year of unsuccessful attempts to enter purchase negotiations, 3937 Page 4 - CITY OF POWAY - October 16, 1990 a resolution of necessity to acquire the mobile home park under eminent domain proceedings was noticed for public hearing. Prior to the public hearing, the City and the park owner entered into negotiations. City Manager Bowersox stated that the negotiators have reached an agreement for the purchase of the Poway Royal Mobile Estates in the amount of $21,60D,000. City Attorney Eckis stated that the eminent domain action would not be necessary and recommended removing the resolution of necessity from the calendar. The purchase of the mobile home park by the Redevelopment Agency is for the pur- pose of ensuring the long-term affordability of spaces in the park to households of low- and moderate-income. Costs would be paid by space rents collected and the use of housing "set-aside" monies to fund the shortfall. The financing of the purchase would be through the sale of Certificates of Participation which will be presented for approval at a later date. The purchase agreement provides for the deferral to March 1, 1991 of a December 1, 1990 rent increase noticed by the park owner. If escrow closes on or before March 1, 1991, the portion of the rent which has been deferred will be excused and the rents will be established at $416.00 a month. If escrow does not close, the deferred portion will be payable to the seller. In accordance with the purchase agreement, staff anticipates escrow closing no sooner than December 17, 1990, and not later than March 1, 1991. Staff recommends that the City Council/Redevelopment Agency close the public hearing, issue a Negative Declaration, adopt Benefit Resolutions, and authorize the execution of the purchase agreement for $21,600,000. Speaking in favor of staff recommendation: Bill Ghiselin, 13046 Bonita Vista, representing Poway Royal Estates Homeowners Association, requested two workshops be held with all Poway Royal residents to explain the proceedings. Alan Sugarman, 13385 Fallen Leaf Road Speaking in opposition to staff recommendation: Catherine Rodman, 216 S. Tremont Street, Oceanside, attorney for Legal Aid Society, spoke regarding the use of low and moderate income housing funds to purchase the park. Motion by Councllmember Kruse, seconded by Councilmember Goldsmith, to close the public hearing, issue a Negative Declaration, authorize the execution of the purchase agreement, and adopt Resolution No. 90-201 entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Acquisition by Poway Redevelopment Agency of Real Property in the Paguay Redevelopment Project Area, and Authorizing the Execution of an Acquisition Agreement." Motion carried unanimously. REC:E$$ AgO ~..ALL TO ORDER Mayor Higginson recessed the meeting at 8:40 p.m., and called it back to order at 8:45 p.m., with all Councilmembers present. 3938 Page 5 - CITY OF POWAY - October 16, 1990 ITEM 7 CONDITIONAL USE PERMIT 90-07 APPLICANT: U.S. WEST CELLULAR City Manager Bowersox stated that this item was continued from September 11, 1990, at the applicant's request to discuss concerns expressed by neighbors and several homeowner's associations. On September 29, 1990, an on-site workshop was held with the City Council and applicant's representatives to review visual impact and project siting. City Manager Bowersox recommended that in light of recent questions regarding access for the project, that this item be continued for four weeks in order to address these concerns. Speaking Mary in favor of staff recommendation: May, Lettieri McIntyre & Associates, 533 "F" Street, San Diego, appli- cant's planner. Speaking in opposition to project: Larry Gerhard, 13451 Summit Circle Mehdi Kazemzadeh, 13327 Arroya Vista Road Jack Tripp, 16054 Stoney Acres Road Alan Sugarman, 13385 Fallen Leaf Paul Grimes, 13720 Highlands Terrace Lyle Arnold, 15538 Boulder Mountain Road Craig Schell, 13391 Summit Circle Tony Luisi, 8860 Villa La Jolla Drive, La Jolla Gilbert Vasquez, 15626 Boulder Mountain Road James Dodson, 10464 Mountain Glen Terrace Jean McKay, 13511 Orchard Gate Road Speakers expressed concern regarding lighting, noise, security, easement rights, and visual impacts. Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to direct staff to bring back resolution for denial based upon adverse visual quality impacts, and inability to obtain legal access ease- ments. Motion carried unanimously. AgO ~.ALL TO ~DER Mayor Hlgginson recessed the meeting at 9:35 p.m., and called it back to order at 9:42 p.m., with all Councilmembers present. ITEM 8 CONDITIONAL USE PERMIT 90-11 APPLICANT: CITY OF POWAY/FFA Mayor Higginson opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. On March 13, 1990, in response to the Poway Unified School District's Board of Trustees decision to reestablish a small animal Future Farmers of America {FFA) 3939 Page 6 -C[TY OF POWAY - October 16, 1990 facility on the Poway High School campus, the City Council directed staff to locate an off campus site for a large animal FFA facility. This is a request to construct an FFA animal facility on .35 acres in the southwest section of Lake Poway Park area. The facility will consist of two partially enclosed shelters for up to ten large animals each. The project will be fenced and gated for limited access, and incorporates waste handling and pest control measures. Staff recommm,ends approval. Speaking in favor of staff recommendation: Larry Cruse, 13734 Utopia Road De Anne Erickson, 15051Vali Hal Road Vicki Lazowski, 14440 Golden Sunset Lane Ed Carboneau, 14073 Pomegranate Linda Harkleroad, 12920 Metate Lane Cory Harkleroad, 12920 Metate Lane Darlene Minor, 15110 Highway 67 Carol Long, 13001Bowron Road Those speaking in favor of the proposed FFA facility cited the lack of present animal care facilities and the benefits provided to the students by this program. Speaking in opposition to staff recommendation: Elwin L. Martin, 14465 Trailwind Road Betty Martin, 14465 Trailwind Road David W. Clingman, 14473 Trailwind Road Barb Shev, 14425 Trailwind Road Alan Harris, 14453 Trailwind Road Thomas Landt, 14550 Wildgrove Road Lee Ann Landt, 14550 Wildgrove Road Gall G. Moreno, 14454 Trailwind Road Marcia Clingman, 14473 Trailwind Road John Hawkins, 14289 Sandhill Road Virginia Ford, 14380 Trailwind Road Kathy Carlile, 14445 Trailwind Road Gregory D. Smith, 14433 Trailwind Road Lori Staehling, 16027 Summer Sage Road Fred Bradley, 15758 Sunset Drive Bill Thelen, 14446 Trailwind Road Neighbors expressed concerns regarding impacts of proposed site, including; pro- perty values, neighborhood character, restrictions placed on Bridlewood resi- dents by their homeowner's association, visibility, odors, pests, and animal wastes. City Manager Bowersox stated that mitigation measures to reduce all potential impacts that were identified in the environmental initial study have been included in the conditions of approval for the project. Following discussion, Motion by Councilmember Brannon, seconded by Councilmember Emery, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-90-77 entitled, "A Resolution of the City Council of 3940 Page 7 - CITY OF POWAY - October 16. 1990 the City of Poway, California, Approving Conditional Use Permit 90-11, Assessor's Parcel Number 278-280-29," as amended to require animal wastes to be hauled away as often as necessary, with a minimum of twice a week, installation of a fly control system in the barn, and execution of a joint-use agreement with Poway Unified School District prior to occupancy. Motion carried unanimously. ITEM 9 TENTATIVE PARCEL MAP 90-03R APPLICANT: PARKWAY BUSINESS CENTRE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a resubdivision of 20.2 acres from 8 lots into 4 lots located north of Stowe Drive and south, east and west of Crosthwaite Circle. The resubdivision will allow larger lots to accommodate light industrial use. Staff recommends approval with revision to conditions regarding mitigation for biological impacts. There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Kruse, to close the public hearing, and adopt Planning Resolution No. P-90-78 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 90-D3R, Assessor's Parcel Numbers 317-280-18, 19, 2D, 32 & 33," as revised. Motion carried unanimously. ITEM 10 ORDINANCE NO. 325 - FIRST READING DELETING POMERADO ROAD AS TRUCK ROUTE Mayor Higginson opened the public hearing and read the title of Ordinance No. 325, "An Ordinance of the City of Poway, California, Amending Section 10.42.010{B) of the Poway Municipal Code which Deletes Pomerado Road Between Creek Road and the South City Limits as a Designated Truck Route." Staff report by City Manager Bowersox. In anticipation of the opening of Pomerado Road south of the City limits and concerns expressed by the City of San Diego regarding increased truck traffic through Scripps/Miramar Ranch, staff is recommending deleting Pomerado Road from Creek Road to the south City limits as a designated truck route. The existing truck routes through the City would continue as they are currently used. Speaking in favor of staff recommendation: Betty Rexford, 11570 Creek Road Paul Rexford, 11570 Creek Road Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to issue a Negative Declaration; waive further reading of Ordinance No. 325, and continue the public hearing to October 30, 1990, for second reading. Motion carried una- nimously. 3941 Page 8 - CITY OF POWAY - October 16, 1990 ITEM 11 TAX EQUITY & FISCAL RESPONSIBILITY ACT Mayor Hlgglnson opened the public hearing. Staff report by City Manager Bowersox. Staff has prepared a report in compliance with the Tax Reform Act of 1986 which requires a Tax Equity and Fiscal Responsibility Act hearing for refunding of prior bond issues to disclose the governmental and nongovernmental purposes for which the proceeds of each bond issue were spent. Staff recommends approval of the issuance of refunding bonds for 1985 and 1986 Tax Allocation Bonds in order to increase funds available for redevelopment purposes. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the public hearing and approve the issuance of refunding bonds. Motion carried unanimously. ITEM 12 REFUNDING TAX ALLOCATION BONDS SERIES 1985 & 1986 Staff report by City Manager Bowersox. Staff is recommending the issuance of Tax Allocation Refunding Bonds for Series 1985 and 1986 in an amount not to exceed $23,000,000. The assessed value of the property within the Agency Project Area has increased with the tax increment generated resulting in the bond debt service being covered by over 2.5 times. In order to proceed with the issuance of tax allocation refunding bonds, staff recommends approval of agreements with Security Pacific National Bank for Indenture of Trust and Escrow; and Bond Purchase Agreement with PaineWebber. This bond transaction will be completed only if the interest rates remain low and there continues to be a positive financial benefit to the Agency. Motion by Councilmember Kruse, seconded by Councilmember Emery, to approve staff recommendation, and adopt Resolution No. 90-202 entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Issuance by the Poway Redevelopment Agency of Its Paguay Redevelopment Project, Tax Allocation Refunding Bonds, Series 1990A and Making Certain Determinations Relating Thereto." Motion carried unanimously. ITEM 13 U.S. DISPOSAL EARLY MORNING TRASH PICK UP Staff report by City Manager Bowersox. At the July 24, 1990, Mrs. Marie Symons expressed concern regarding the early morning pickup of trash at the Twin Peaks Circle K store. The next day staff contacted the trash hauler, U.S. Disposal, and reminded them that trash in a residential area was not to be picked up prior to 6:30 a.m. On September 19, 1990, Mrs. Symons again informed the Council that the trash hauler was picking up trash before 5:30 a.m. Staff has advised U.S. Disposal that should trash be picked up prior to 6:30 a.m., their permit would be subject to revocation. Staff recommends the report be received and filed. 3942 Page 9 - CITY OF POWAY - October 16, 1990 Speaking in favor of staff recommendation: A1 Cavales, U.S. Disposal, 14351 Jennings Vista Way, Santee, stated they would need 30 days in order to reroute their service. Motion by Councilmember Goldsmith, seconded by Councilmember Emery, to direct staff to set permit for revocation hearing if one more violation of operating hours occurred. Motion carried unanimously. ITEM 14 TRAFFIC ENFORCEMENT ON LAKE POWAY AND RIPARIAN ROADS City Manager Bowersox stated that at their July 17, 1990 meeting, the City Council directed staff to increase traffic enforcement on Lake Poway and Riparian Roads and report back regarding effects of increased enforcement, espe- cially on construction traffic. Staff has prepared a response which indicates public awareness, education and enforcement were utilized to reduce the speed. Staff recommends report be received and filed. Speaking in opposition to staff recommendation: Robert Yates, 13927 Lake Poway Road, requested a marked crosswalk at Riparian and Lake Poway Roads, and centerline marking on Lake Poway Road. Jim Keeley, 15815 Riparian Road, requested additional traffic studies be done for the area. City Manager Bowersox stated that the Traffic Safety Committee will be con- sidering additional traffic control measures for the area at their next meeting and will report to the Council on November 27, lggo. Council concurred to receive and file report, and direct staff to continue enforcement efforts for the area. ITEM 15 MID COUNTY TRANSPORTATION MANAGEMENT ASSOCIATION Staff report by City Manager Bowersox. The City of Poway is included within the boundaries of the recently formed Mid-County Transportation Management Association {TMA). Staff has prepared an informational report regarding the Mid-County TMA describing its activity plan, budget and board members. Staff recommends this report be received and filed. Council concurred to receive and file report. ITEM 15.1 STATUS OF WATER CONSUMPTION AND PROVIDING WATER TREATMENT FOR OTHER AGENCIES City Manager Bowersox stated that the City has been monitoring water consumption under the Stage II Water Alert declared May 1, 1990. The figures have been adjusted to reflect construction, water usage and evaporation rates, with a 3943 Page 10 - CITY OF POWAY - October 16, 1990 resulting decrease in water usage by 12%, which is greater than the 10~ goal set by the Stage II Alert. Staff recommends continuing conservation efforts on a year-round basis. Director of Public Services Archibald reviewed the City's ability to treat water for the San Diego County Water Authority {SDCWA). The Poway Municipal Water District had entered into an agreement in 1977 with the SDCWA to treat water for the Ramona Municipal Water District. That agreement terminated June 30, 1990. The SDCWA has asked the City to consider treatment of water for delivery to Ramona until their northern crossover pipelines were completed. The Water Authority would then be able to deliver more water during peak periods to the other 11 agencies being served by the second aqueduct. Staff has determined that no operational problems would be created if treated water were delivered to Ramona with the following conditions: no more than four MGD capacity; agreement not to exceed one year; and constant rate flow rather than an on-demand usage. Staff recommends negotiating a one-year agreement with the SDCWA to treat up to four MGD for the Water Authority. Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to approve staff recommendation. Motion carried 4-1 with Councilmember Emery voting "no." ITEM 15.2 IMPACT OF THE 1990-91 STATE BUDGET Staff report by City Manager Bowersox. The recently adopted 1990-91 State Budget enables the State to shift City revenues to counties through the provi- sions of Senate Bill 2557. The League of California Cities has begun "Operation Budget Freedom" in an effort to repeal SB 2557. Staff recommends working with the League in this effort as well as eliminating City involvement in the State,~ Budget. Council concurred with staff recommendation with the additional direction to work with the San Diego Chapter of the League and SANDAG for a stronger regional voice. ITEM 20B CITY ATTORNEY ITEMS B. City Attorney Eckis announced that AB 3148 regarding petition circulators has been signed by the Governor. AI~)OURNMIE#? Upon motion by Councilmember Kruse, seconded by Councilmember Brannon, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, October 18, 1990. The time of adjournment was 12:35 a.m., October 17, 1990. Marjorie K. Wahlsten, City Clerk City of~_~way 3944