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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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