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CC 1990 10-30 CITY OF P(RJAY, CALIFORHIA #INUTE$ OF THE CITY COUNCIL REGULAR NEE'TING QCTQ~ER 30, 1990 The October 30, 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. COUNCIL#EI4BERSANSWERINGROLLCALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson CQUNCILI4ENBER$ ABSENT AT ROLL CALL None STAFF #ENGER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Robert Thomas Alan Archibald Mark Sanchez Peggy Stewart Reba Wright-Quastler Mark Weston Steve Streeter Yolanda Collins Patrick Foley Richard Howard Peter Moote Janis Acosta Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Public Services Director of Safety Services 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 PLEDGE OF ALLEGIANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. PUBLIC ORAL ~OI44UNICATION$ Mayor Higginson explained the procedure for Public Oral Communications. 1. Wayne Branstetter, 13328 Lingre Avenue, Head Coach for Poway High's wrestling team, requested funds for a team trip to Oaklahoma State University to participate in a tournament. City Manager Bowersox stated that staff will report back at the November 13, 1990 meeting. 3946 Page 2 - CITY OF POWAY - October 30, 1990 e Jerry Huston, 16138 Bennye Lee Drive, Green Valley and, in particular, his street. spoke regarding road maintenance in the street sealing program begun on Mary Lipson, 13735 Del Poniente Road, and Sue Haman, 13711 Del Poniente Road, spoke regarding migrant encampments near their homes. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Kruse to approve the Consent Calendar as follows: 15. Approval of Minutes - City Council: September 4, 1990, Regular Meeting September September September September September October 2 October 9 11, 1990, Regular Meeting 13, Adjourned Regular Meeting 18, 1990, Regular Meeting 25, 1990, Regular Meeting 29, 1990, Adjourned Regular Meeting , 1990, Regular Meeting , 1990, Regular Meeting 17. Ratification of Warrant Registers - October 4, 11, 1990. 18. Approval of City's Investment Report - September 30, 1990. 19. Denial of claims for damages: A) Susan and Timothy Deehan; B) Robert Ringgold; and C) Wayne Richards and Ed Monroe. 20. Approval of appropriation of $5,000 of allocated TDA funds for installation of signs on Avenida Florencia, Del Norte, Stone Canyon Bike Route. 21. Approval Virginia at 13646 of hold harmless agreement between the City, Redevelopment Agency, Herrera, tenant, and Yvette Frantz, co-owner of mobile home located Marigold Drive, in the Poinsettia Senior Mobile Home Park. 22. Award of bid in the amount of $34,051.13 for installation of a mobile office building at Lake Poway Recreation area to Gelco Space of San Diego. 23. Adoption of Resolution No. 90-203 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Summary Vacation of Road and Utility Easements Located Within Parcel B of City of Poway Parcel 82-12, Map Thereof 12814 Filed in the Office of the County Recorder of San Diego County as File No. 83-248474 on July 20, 1983, {VAC 90-08}." 24. Acceptance of landscape improvements to Landscape Maintenance District 86-2A, Tentative Map 4185R {Sunrise Ranch}; and approval of additional appropriation of funds from the cash settlement received from developer to fund one-year warranty maintenance period. 25. Approval of sign installation for additional parking restrictions on Sycamore Avenue at Old Poway Park. 3947 Page 3 - CZTY OF POWAY - October 30, 1990 26. Approval of management agreement for design and construction of Meadowbrook Multipurpose Center between City of Poway and Poway Unified Schoo] Distrlct. 27. Approval of revised law enforcement contract for fiscal year 1990-91 between the City of Poway and the County of San Diego Sheriff's Department. 28. Adoption of Resolution No. P-90-79 entitled, "A Resolution of the City Counci] of the City of Poway, Callfornla, Denying Conditiona] Use Permit 90-07, Assessor's Parcel Number 275-260-03." (Confirming actlon taken October 16, 1990.) 29. Receive and file report regarding adjournment of the Californla Legislature's 1990 session. Motion carried unanimously. ITEM 4 ORDINANCE NO. 325 - SECOND READING DELETING POMERADO ROAD AS TRUCK ROUTE Mayor Higginson 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." City Manager Bowersox stated that this was second reading of an ordinance which would delete Pomerado Road from Creek Road to the south City limits as a designated truck route. The existing truck routes through the City would con- tinue as they are currently used. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Kruse, public hearing, waive further reading and adopt Ordinance No. carried unanimously on a roll call vote. to close the 325. Motion ITEM 5 TENTATIVE TRACT MAP 87-03 TIME EXTENSION/ CONDITIONAL USE PERMIT 90-16/DEVELOPMENT REVIEW 90-17 APPLICANT: DONALD BREIHAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for a tentative tract map dividing 33 acres into 55 lots and a resubmittal for a previously approved conditional use permit and development review for construction of a 50 unit mobile home park located on the east side of Community Road, south of Civic Center Drive. Staff recommends approval. Speaking in favor of staff recommendation: Donald Breihan, 2377 King Arthur Court, San Diego 3948 Page 4 - CITY OF POWAY - October 30, 1990 Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the public hearing, flnd that the previously certified Final EIR and Subsequent EIR for the South Poway Speclflc Plan adequately addresses the potential environmen- tal impacts, and adopt Plannlng Resolution No. P-90-80 entitled, "A Resolution of the City Counc11 of the City of Poway, Callfornia, Approving Tentative Tract Map 87-03 Time Extension, Conditional Use Permit 90-16, and Development Review 90-17, Assessor's Parcel Number 317-480-06." Motion carried unanimously. ITEM 6 MINOR DEVELOPMENT REVIEW 90-70 APPLICANT: ANDREW CHMIELINSKI Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. The applicant is appealing conditions of approval placed by staff on Minor Development Review 90-70 for construction of a two- story addition and garage to the Chmielinski residence located at 14005 Ipava Drive. The conditions require that the applicant improve sections of Ipava Drive and Tierra Bonita Road to meet city standards for local collector roads, or the option of payment of an in-lieu fee. Staff recommends upholding the requirements of MDR 90-70. Speaking in opposition to staff recommendation: Andrew Chmielinski, 14005 Ipava Drive, requested modification to conditions of approval requiring improvements to Ipava and Tierra Bonita to local collector standards, or payment of in-lieu fees. Following discussion, Council concurred that the improvements to Tierra Bonita Road and Ipava Drive should be to rural road standards, or payment of an in-lieu fee not to exceed the amount required to improve to rural road standards, and that applicant shall sign a waiver not to oppose any future improvement district for installation of curbs, gutters, and sidewalks. Motion by Councilmember Emery, seconded by Councllmember Kruse, to adopt Planning Resolution No. P-90-81 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review 90-70, Assessor's Parcel Number 321-172-01," as amended regarding road improvements, in-lieu fee, and waiver requirements. Motion carried unanimously. ITEM 7 PERFORMING ARTS CAPITAL CAMPAIGN CONTRIBUTIONS Staff report by City Manager Bowersox. At the September 25, 1990 meeting, the City Council directed staff to report back regarding a request from Mr. Butzen, President for the Poway Foundation for the Performing Arts. The Foundation is requesting that the capital campaign funds raised be set aside as a speclal endowment fund. In April, 1989, the Council authorized a capital fund-raising campaign for the Poway Center for the Performing Arts. The Council has authorized $325,000 in loans from the General Fund to cover campalgn and opening 3949 Page 5 - CITY OF POWAY - October 30, 1990 festival expenses. These loans were to be repaid from the capital campaign funds. Staff recommends that the funds raised beyond the General Fund loan be placed in a trust fund and the interest generated would be used to offset annual operating costs. Any campaign contributions generated after the December 31, 1990 capital campaign drive could be placed in a special endowment trust fund. Speaking in favor of staff recommendation: Allan Royster, 12930 Lomas Verdes Drive, Chairman of the Performing Arts Foundation Capital Campaign Committee. During discussion, Council addressed a request for funding of seasonal decora- tions at the Performing Arts Center and requested a loan be made from the General Fund of $14,000, to be paid back through the capital campaign contribu- tions. Motion by Councilmember Kruse, seconded by Councilmember Emery, to approve staff recommendation, plus an additional $14,000 loaned from the General Fund to be used for holiday decorations. Motion carried unanimously. ITEM 8 STARRIDGE ROAD PEDESTRIAN WALKWAY Staff report by City Manager Bowersox. At the October 9, 1990 Council meeting, Susan Sheldon requested that the pedestrian walkway connecting Starridge Road to Arbolitos Road be opened. Staff has prepared a response regarding easement acquisition and anticipates the necessary legal access issues to be resolved in the very near future. Staff recommends Council receive and file this report. Speaking in favor of staff recommendation: Chris Cruse, 13734 Utopia Road Larry Cruse, 13734 Utopia Road Mike Fry, 12819 Selma Court Speaking in opposition to staff recommendation: Lawrence Sheriff, 13750 Silverlake Drive, stated that the fence at his rear property line is being climbed over and people are crossing through his yard. Following discussion, Council concurred to direct staff to bring back a status report in November regarding easement acquisition, and to receive and file report. ITEM 9 STATUS REPORT REGARDING THE ELIMINATION OF ESPOLA ROAD TRUCK ROUTE Staff report by City Manager Bowersox. At the October 9, 1990 Council meeting, Mr. Nell Larson inquired as to the status of the elimination of Espola Road as a City-designated truck route. On May 29, 1990, the City Council took action to delete Espola Road as a truck route effective when the signs identifying the 3950 Page 6 - CITY OF POWAY - October 30, 1990 route are removed. On September 25, 1990, the City Council approved the Final Report from the Transportation Task Force. One of the recommendations made by the Task Force was to retain the truck route status which is anticipated to be necessary until the South Poway Expressway between SR 67 and 1-15 is complete. Staff will report regarding the effects on Espola Road truck traffic 6 months after the opening of SR 56 to 1-15. Staff recon~ends Council receive and file this report. Speaking in opposition to staff recommendation: Ernest Mauri, 15848 Cumberland Drive Nell Larson, 14643 Espola Road Speakers requested immediate removal of the heavyweight truck traffic from Espola Road. Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Kruse, to refer this item to the reconvening Transportation Task Force for evaluation of the impact of widening Twin Peaks Road, and the opening of SR 56 on the intersection of Pomerado and Twin Peaks Road, with a report back to Council before January 31, 1991. Motion carried unanimously. RECESS ~ ~LL TO ORDER Mayor Hlgglnson recessed the meeting at 8:52 p.m., and called it back to order at 8:58 p.m., with all Councilmembers present. ITEM 10 LANDSCAPE MAINTENANCE DISTRICT ADVISORY COMMITTEE CHARTER Staff report by City Manager Bowersox. At their July 17, 1990 meeting, the City Council directed staff to revise the charter for the Landscape Maintenance District Advisory COl~mhittee. Staff has reviewed the charter with the outgoing Landscape Maintenance District Advisory Committee and propose modifications in the following areas: Duties - add "review new annexations for their effect on existing assessments," and "explore the possibilities of placing a cap on assessments;" and number of committee members changed from eleven to seven. Speaking in favor of staff recommendation: Jim Keeley, 15815 Riparian Road, presented a list of modifications he is proposing to the charter. Gordon Meyer, 14302 Sand Hill Road, Chairman, Landscape Maintenance District Advisory Coa. ittee. Motion by Councilmember Emery, seconded by Councilmember Kruse, to approve the Landscape Maintenance District Advisory Committee Charter. Motion carried una- nimously. 3951 Page 7 - CITY OF POWAY - October 30, 1990 ITEM 11 STATEMENT OF SEWER AVAILABILITY FOR P65-98W/DEVELOPMENT REVIEW 90-10 APPLICANT: LUTHERAN CHURCH OF THE INCARNATION Staff report by City Manager Bowersox. This item is presented in accordance with the Sewer Allocation Plan adopted on November 4, 1989, by Ordinance No. 304. The applicants are proposing to build a new 7,872 square foot fellowship hall and a 4,635 square foot office/classroom addition on the church's property at 16889 Espola Road and request that the Council determine that the project quali- fies for four EDUs of sewer capacity from the Reserve Category. The Reserve Category was created by Council to meet "unanticipated public needs," and requires amending Ordinance No. 304 in order to issue reserve units. Staff recommends that an ordinance amendment be brought back issuing a letter of availability for four EDUs of sewer capacity from the Reserve Category. Speaking in favor of staff recoFF~flendation~ Rev. Jack E. Lindquist, 16889 Espola Road Motion by Councllmember Emery, seconded by Councilmember Kruse, to approve staff recommendation. Motion carried unanimously. ITEM 12 SPEED BUMPS ON CARRIAGE ROAD & SADDLEWOOD DRIVE Staff report by City Manager Bowersox. On July 17, 1990, the City Council approved the installation of speed bumps on Carriage Road and Saddlewood Drive for a six-month trial period. At their October 9, 1990 meeting, Council directed staff to report back regarding concerns expressed by residents about the bumps. The Traffic Safety Committee has reviewed the design of the speed bumps and conducted drive over tests for comfort levels. As a result of their review and recommendations, staff will be replacing the posted advisory speed sign of 25 mph with a 20 mph advisory speed, along with installing additional markings on the bumps for better visibility. Staff recommends that Council receive and file this report. Motion by Councilmember Emery, seconded by Councilmember Kruse, to approve staff recommendation. Motion carried unanimously. ITEM 13 COMPREHENSIVE MARKETING PLAN IMPLEMENTATION Staff report by City Manager Bowersox. In 198g, the Business Advisory Committee's work program included selection of a consultant and preparation of a Comprehensive Marketing Plan for the City. The Committee has worked closely with the consulting firms of Economics Research Associates and Grossman/ Symington in the preparation of the plan and its recommendations for implemen- tation. The plan focus on three areas which include: 1) internal marketing to increase local expenditures in Poway; 2) external marketing to increase regional 3952 Page 8 - CITY OF POWAY - October 30, 1990 expenditures in Poway; and 3) public relations/investment promotion to increase commercial and industrial investment in Poway. Staff recommends that Council accept the Comprehensive Marketing Plan as recommended for implementation by the Business Advisory Conmittee, direct staff to contract with the public relations firm of Grossman/Symington to manage and perform campaign implementation, and authorize the appropriation of $75,000 in Redevelopment Agency funds for imple- mentation costs. Brian Herz, Chairman, Business Advisory Committee, introduced Nikki Symington, of Grossman/Symington, the public relations consulting firm responsible for the implementation plan. Ms. Symington and Andrew Aerias of Digital Design pre- sented a video outlining the plan and recommendations for implementation. The Council thanked the Committee for their work and recognized the members pre- sent. Motion by Councilmember Brannon, seconded by Councilmember Kruse, to accept the Business Advisory Committee's Comprehensive Marketing Plan, direct staff to contract with Grossman Symington to begin implementation, and authorize appropriation of $75,000 in Redevelopment Agency funds. Motion carried unani- mously. ITEM 14 POINSETTIA MOBILE HOME PARK EVICTION INQUIRY Staff report by City Manager Bowersox. At the October 16, 1990 meeting, Mrs. Mary Ann Dix asked the Council for relief from an eviction notice from Redevelopment Agency-owned Poinsettia Mobile Home Park. On October 17, 1990, the Dixes applied for a stay of execution from a judgement order entered by the Court on October 3, 1990 which required the Dixes to vacate the leased space at the mobile home park by October 18, 1990. On October 22, the judge granted relief based upon the following conditions: payment of back rent; payment of rent on or before the 1st of each month; and payment of attorney's fees. Staff recon~ends report be received and filed. Council concurred to receive and file report. ITEM 14.1 REQUEST FOR REHEARING CONDITIONAL USE PERMIT 90-11/FFA FACILITY Staff report by City Manager Bowersox. On October 16, 1990, the City Council took action to approve Conditional Use Permit 90-11 for a Future Farmers of America facility on approximately .35 acres of City-owned land in the southwest section of the Lake Poway Wilderness area. On October 24, 1990, a request for rehearing was filed in the City Clerk's office. Staff recommends continuing the request for rehearing to the November 13, 1990 meeting to provide sufficient time for preparation of a report. City Attorney Eckis stated that any public testimony taken at this meeting should be limited to the consideration of whether or not to continue the request for a rehearing to the next available City Council meeting of November 13, 1990. 3953 Page 9 - CITY OF POWAY - October 30, 1990 Speakers addressing Council regarding staff request for rehearing: Larry Valente, 15925 Cumberland Drive Ed Carboneau, 14073 Pomegranate Avenue Betty Martin, 14465 Tratlwind Road V1ckl McMinn, 18525 Deer Valley Estates Elwin Martin, 14465 Trailwind Road recommendation to continue the Notion by Councllmember Kruse, seconded by Councllmember Goldsmlth, to continue thls item to November 13, 1990. Notion carried unanlmously. ITEM 14.2 CONSENT DECREE REGARDING METRO SEWERAGE SYSTEM Staff report by City Manager Bowersox. On May 29, 1990, the City Council took action to support conditions of a Consent Decree issued by the U.S. District Court between the U.S. Environmental Protection Agency, Regional Water Quality Control Board, and the City of San Diego regarding violations of the Clean Water Act by the Metro Sewerage System. This decree would allow the City of San Diego to achieve compliance with the Clean Water Act. Since the time of filing the Consent Decree, Judge Brewster has decided to consider testimony regarding alternative solutions to the upgrade of the Point Loma wastewater treatment facility. Staff recommends amending Poway's position of support to allow for testimony based upon environmental and scientific data as it pertains to the secondary treatment issue, however, the program to be instituted as required by the Consent Decree should not be held until the secondary treatment matter is resolved. Motion by Councllmember Brannon, seconded by Councilmember Emery, to approve staff recommendation. Motion carried unanimously. ITEM 31 CITY ATTORNEY ITEMS City Attorney Eckis stated he is requesting a closed session under Government Code §54956.9{c) to discuss whether to initiate litigation. CITY COUNCIL-INITIATED ITEMS 33. A. Councilmember Emery requested additional holiday lighting for the intersection of Pomerado Road and Highway 56. B. Councllmember Emery requested additional traffic enforcement for the intersection of Titan Way and Espola Road during school COmmmm~ute hours. 3954 Page 10 - CITY OF POWAY - October 30, 1990 CLOSED SESSION Mayor Higginson called for a closed session at 10:26 p.m. as requested by the City Attorney. Mayor Higginson called the meeting back to order at 10:46 p.m. with all Councilmembers present and stated that Council instructed the City Attorney regarding litigation. AI~OURN~#T Upon motion by Councilmember Emery, seconded by Councilmember Kruse, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, November 8, 1990. The time of adjournment was 10:47 p.m. MarjoriA K~ Wahlsten, City Clerk City of\~o?aY 3955