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.
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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.
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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,
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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.
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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)
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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
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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.
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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.
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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
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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