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CC 1990 11-13 CITY OF PQ~Y, CALIFORNIA MINUTES OF THE CITY CQIJNCIL REGULAR NEETIHG I~)VENBER 13, 1990 The November 13, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:D3 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. ~q)UI~ILNENBERSANSW~RIN~ ROLL CALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson STAFF NENliERS 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 Jim Bentz Mike Robinson Gary Hoyt 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 Director of Safety Services Director of Administrative Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Sheriff's Lieutenant Community Services Manager Traffic Engineer Landscape Architect Principal Management Analyst Management Analyst Management Analyst Management Assistant Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. PROCLANATIOH Mayor Higginson declared the week of November 19-25, 1990 as presented a proclamation to Wayne Hilbig, representing the Christ of Latter Day Saints. "Family Week" and Church of Jesus PRESENTATIONS Mayor Higginson presented plaques to members of the Landscape Maintenance Advisory Committee, Migrant Worker Relations Committee, and the Transportation Task Force. These Committees have recently completed their duties and the mem- bers are being recognized for their dedication and service. 3959 Page 2 - CITY OF POWAY - November 13, 1990 PRESENTATIONS (Continued) Members present from the Landscape Maintenance Advisory Committee were: Gordon Meyer {Chairperson}, Michael McFarland, Joseph Matzo {Vice Chairperson}, and Howard Shahan. Members not in attendance: Joyce Eiswald, Jim Francis, Moze Smalley, Jack Angstadt, Stephen Valle, and Joseph Femenella. Members present from the Migrant Workers Relations Whitehead and Larry Quate. Members not in attendance: Ralph Stewart, Carmelo "Chico" Olivo, Diedre Merrill, Gibson, Denise Tompkins, Helen Wilson, and Roy Perez. CoF~Fllttee were: Ray Father Charles Oollen, Richard Rauch, Joseph Members present from the Transportation Task Force were: Betty Rexford, Hannah Cohen, Randall Wilkins, Joe Oliva, John Armstrong, Jim Faaborg, Robert Imler, Michael Robinson, Rahi Nikravesh, and Bruce Tabb. Members not in attendance: Jerry Hargarten, Lynn Dover, and Barry Stratton. PUBLIC (IRAL CO##UNICATION$ Mayor Hlgginson explained the procedure for Public Oral Communications. 1. Rebecca Gremore, 15694 Riparian Road, presented a petition opposing installation of a sidewalk and elimination of red curb on Riparian Road west of Poway High School. Larry Cruse, 13734 Utopia Road, regarding lots owned by Standard Pacific at end of Vaughan Street and asked if they are in addition to their appro- ved number of units. 3. Warren Brandow, 13318 Alpine Drive, spoke regarding rents in Poway Royal Mobile Estates. 4. Patti Sinacore, 13609 Sycamore Tree Lane, requested crosswalk on Community Road south of Sycamore Tree Lane for students attending Midland Elementary School. Se Dave Phares, representing Standard Pacific of San Diego, 7290 Clairemont Mesa Boulevard, San Diego, stated they are obtaining pedestrian walkway easements on lots next to Shallman Drive. CONSENT CALENDAR Mayor Hlgglnson stated that a request has been received from the public to pull Item 22 from the Consent Calendar. Motion by Councilmember Kruse, seconded by Councilmember Brannon to approve the Consent Calendar as follows: 18. Ratification of Warrant Registers - October 18, 25, 1990. 19. Denial of claim for damages: Robert and Jacquelyn Winsmann. 3960 Page 3 - CITY OF POWAY - November 13, 1990 20. Adoption of Resolution No. P-90-82 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 76-11-R, Assessor's Parcel Number 317-490-74," Bill Roesner, appli- cant: a request to revise an approved comprehensive sign program for the commercial center located at 12621-49 Poway Road. 21. Adoption of Resolution No. P-90-83 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 90-71," for Chamber of Commerce Street Fair to be held December 1, 1990, from 4:00-9:00 p.m., on Bowron Road, south of Poway Road. 24. Award of bid in the amount of $107,575.00 for remodel and addition to the concession at Lake Poway Recreation Area to Southwest Construction and Millwork, Inc. {1649) 25. Acceptance of the construction of the Poway Center for the Performing Arts from Douglas E. Barnhart, Inc.; acceptance of the settlement negotiated by staff in the amount of $78,161.00 for Change Order No. 7 resolving all outstanding claims; authorization to record a Notice of Completion; appropriation of $30,000; and authorization of payment of the retention to the Contractor. 26. Approval of final map for Tentative Tract Map 89-15 {Rancho Arbolitos) and directing its recordation; Standard Pacific, Inc., located in the Rancho Arbolitos area on the west side of Palisades Drive; and adoption of Resolution No. 90-204 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 83-1 With Written Consent of All Property Owners." 26.1 Adoption of Resolution No. 90-205 entitled, "A Joint Resolution of the City Council of the City of Poway, California, and the Board of Education of the Poway Unified School District Approving the Creation of a City of Poway and Poway Unified School District Joint Use Subcommittee for Interjurisdic- tional Cooperation." Motion carried unanimously. ITEM 6 TENTATIVE PARCEL MAP gO-04/CONDITIONAL USE PERMIT 90-10/ DEVELOPMENT REVIEW 90-12/SIGN PERMIT 90-44 APPLICANT: WAL-MART STORES, INC. Mayor Higginson opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to divide approximately 19 acres into three lots for a 126,000 square foot Wal-Mart store with an enclosed garden center and auto service center, located at 17170 Community Road. The applicant proposes a contemporary style building with stucco and slumpstone exterior in tan, light brown, and dark brown colors, flat concrete tile roof, wooden entry facade, and shade structure 3961 Page 4 - CITY OF POWAY - November 13, 1990 which faces Community Road. The site is below grade and set back more than 600 feet from Community Road. The applicants are requesting approval for a 15 foot high freestanding sign facing Community Road. Staff recommends revisions to the conditions of approval previously distributed to the following areas: acousti- cal analysis, delivery of goods, noise complaint handling, bus shelter landscape setback, parking lot landscape islands, parking space widths, vine pockets on westerly facing columns, landscaping of 20 foot peripheral setback, development review approval for future addition, acquisition of right-of-way for frontage improvements, Community Road median design, driveway entrances, bike lane striping, street striping and median improvements for vehicular transitions, improvement plans for exterior streets, all-weather emergency vehicle access, and digitized topographic and improvement data availability. Staff recommends approval. Speaking in favor of staff recoF, w~)endation: Gerry Adams, 702 South Walton Boulevard, Bentonville, Arkansas, representing Wal-Mart Stores. Speaking in opposition to staff recommendation: Richard Thorn, 1532 Sixth Avenue, San Diego, representing owners of apart- ment complex on Community Road opposite proposed site, spoke regarding median on Community Road and height of monument sign. Peggy Gentry, 13280 Olive Meadows Drive, spoke regarding compatibility with Von's center and sign height. Larry Valente, 15925 Cumberland Drive, spoke regarding sign height. Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse, to close the public hearing, issue a negative declaration, and adopt Planning Resolution No. P-90-84 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 90-04, Conditional Use Permit 90-10, Development Review 90-12, and Sign Permit 90-44, Assessor's Parcel Number 317-130-60, 28," as amended regarding monument sign not to exceed 15 feet at street level, and vine pockets included for the 6 west building columns. Motion carried unanimously. ITEM 7 OWNER PARTICIPATION AGREEMENT BETWEEN POWAY REDEVELOPMENT AGENCY AND WAL-MART STORES, INC. Mayor Higginson opened the public hearing. City Manager Bowersox stated that staff is recommending that this item be continued to November 27, 1990, in order to provide additional time for review of the final documents. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Kruse to continue this item to November 27, 1990. Motion carried unanimously. 3962 Page 5 - CITY OF POWAY - November 13, 1990 ITEM 8 CONDITIONAL USE PERMIT 90-15 STANDARD PACIFIC OF SAN DIEGO/CITY OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a park on a 6.5 acre site at the north end of Silverset Street in the Rancho Arbolitos area. On December 12, 1989, the City Council/Redevelopment Agency approved a Disposition and Development Agreement with Standard Pacific for the exchange of the former 39 acre "State Lands" parcel to provide for various public improvements, including Silverset Park. Following completion of the park improvements, the City will take title to the park subject to a provision that the school district may convert the site to classroom facilities should the need arise within 10 years from property conveyance. The park design has been reviewed by the Parks and Recreation Advisory Committee and input has been received from two neighborhood meetings that were held. The conceptual plan includes baseball and soccer fields, basketball court, restroom, tot lot, picnic area, walking/jogging trail, parking and security lights. Staff recommends approval with revisions including, size of concrete pad behind baseball backstop, rough grade approval for restroom pad area, and payment of fees from escrow account. Speaking in favor of staff recommendation: Tom Elder, 14749 Fieldview Way, stated he opposed the use of bleachers. Francis Khosho, 12894 Shadowline Street, asked about parking restrictions and landscape buffer. David Phares, 7290 Clairemont Mesa Boulevard, San Diego, representing Standard Pacific. Following discussion, motion by Councllmember Kruse, seconded by Councilmember Brannon, to close the public hearing, issue a negative declaration, and adopt Planning Resolution No. P-90-85 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-15, Assessor's Parcel Number 314-032-66 and 314-372-15," as revised by staff, including no concrete pads installed for spectator bleachers. Motion carried unanimously. ITEM 9 MINOR CONDITIONAL USE PERMIT 90-01 APPLICANT: LARRY GERHARD Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to add lights to a previously approved tennis court located at 13451 Summit Circle. Staff recommends approval. 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-90-86 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 90-01, Assessor's Parcel Number 275-260-37." Motion carried unanimously. 3963 Page 6 - CITY OF POWAY - November 13, 1990 ITEM 10 PARKLAND DEDICATION FEES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Annual parkland dedication fees are based on a formula utilizing the total estimated cost of parkland improvements, current estimated population, and the average population per dwelling unit. Staff recommends establishing the annual parkland dedication fees at $2,500 per single-family dwelling unit, $1,720 per unit of multiple-family dwellings, and $1,600 per mobile home unit. Staff has revised the figure of total estimated costs for development of parkland to $8,011.865. Staff recommends approval as revised. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Brannon, to close the public hearing, and adopt Resolution No. 90-206 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing In-Lieu Fees for Parkland Dedication for Calendar Year 1991." Motion carried unanimously. ITEM 11 ORDINANCE NO. 326 - FIRST READING PERS CONTRACT AMENDMENT Mayor Hlgginson opened the public hearing. Staff report by City Manager Bowersox. This action is necessary to amend the contract with the Board of Administration of the Public Employees' Retirement System {PERS) for the 1959 Survivor Benefit program for non-safety employees. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Kruse, to adopt Resolution No. 90-207 entitled, "A Resolution of the City Council of the City of Poway, California, of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Poway." Motion carried unanimously. Mayor Higglnson read the title of Ordinance No. 326, "An Ordinance of the City of Poway, California, Authorizing an Amendment to the Contract Bewtween the City Council and the Board of Administration of the California Public Employees' Retirement System." Motion by Councilmember Emery, seconded by Councilmember Kruse, to waive further reading of Ordinance No. 326 and continue the public hearing to December 4, 1990, for second reading. Motion carried unanimously. 3964 Page 7 - CITY OF POWAY - November 13, 1990 R~E~ ~ CALL TO I~OER Mayor Hlgginson recessed the meeting at 8:35 p.m., and called it back to order at 8:45 p.m., with all Councilmembers present. Mayor Higginson stated the following items would be taken out of order. ITEM 17 DEVELOPMENT REVIEW 90-13 APPLICANT: ADI PROPERTIES Staff report by City Manager Bowersox. This is a request to construct a concrete tilt up building at the northeast corner of Danielson Street and Nelson Drive in the Parkway Business Centre in South Poway. The proposed building will house a sales headquarters and be converted to a warehouse at a later time. Staff recommends approval. There was no one present wishing to speak. Motion by Councllmember Kruse, seconded by Councilmember Brannon, to adopt Planning Resolution No. P-gO-87 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 90-13, Assessor's Parcel Number 317-810-10." Motion carried unanimously. ITEM 13 DONATION TO POWAY HIGH WRESTLING TEAM Staff report by City Manager Bowersox. At the October 30, 1990 meeting, the City Council received a request for funds from the Poway High School Wrestling Team to attend the "Cowboy Classic" wrestling meet at Oklahoma State University. Staff recommends approval of a donation of $1,000, along with a $4,400 loan repayable in six months by cash or community service hours. Motion by Councllmember Emery, seconded by Councllmember Kruse, to approve staff recommendation. Motion carried unanimously. ITEM 14 REQUEST TO REHEAR CONDITIONAL USE PERMIT 90-11/FFA ANIMAL FACILITY Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. On October 16, 1990, the City Council approved a Conditional Use Permit for a Future Farmers of America {FFA) large animal faci- lity on .35 acres in the southwest section of Lake Poway Park area. On October 24, 1990, a request for rehearing was filed in the City Clerk's office. City Attorney Eckis stated that in order to grant a rehearing, the Council must make 3965 Page 8 - CITY OF POWAY - November 13, 1990 a finding that new and different evidence not available at a previous hearing would Justify a rehearing. Staff has reviewed the written concerns received and finds that all issues were covered in the original hearing and recommends that a rehearing not be granted. Speaking in opposition to staff recommendation: Betty Martin, 14465 Trailwind Road Larry Valente, 15925 Cumberland Drive Lee Ann Landt, 14550 Wildgrove Road Those requesting a rehearing expressed concerns regarding maintenance of faci- lity and impacts on their neighborhood. Speaking in favor of staff recommendation: De Anne Erickson, 15051Vali Hal Road Vicki Lazowski, 14440 Golden Sunset Lane Howard Shahan, 13909 Olive Mesa Court Linda Harkleroad, 12920 Metate Lane Carol Long, 13001Bowron Road Kate Shockley, 13550 Willow Run Pat Dahl, 13378 Burning Hills Drive Sandra Fish, 15310 Via Molinero Janielle Gendelman, 13754 Vian Road Terri Rocovich, 13814 Temple Street Shelley E. Drake-Kincaid, 13814 Temple Street Vicki McMinn, 18525 Deer Valley Estates John McMinn, 18525 Deer Valley Estates, showed a video of the site. Following discussion, motion by Councllmember Emery, seconded by Councilmember Goldsmith, to deny request for rehearing. Motion carried unanimously. ITEM 12 COMMUNITY PARK SWIMMING POOL HOURS Staff report by City Manager Bowersox. At the October 16, 1990 Council meeting, several individuals expressed concern regarding the reduced operating hours at the Community Park swimming pool. Staff has prepared a comparison of fiscal year 1989-90 operating hours to those proposed for fiscal year 1990-91 and recommends an increase in pool hours during the month of November, 1990 through February, 1991. Speaking in opposition to staff recommendation and requesting additional hours: Dan Wiberg, 13351 Stone Canyon Road, representing Poway Youth Sports Association Jim Boudreau, 15036 Amso Street Barbara Nugent, 15266 Hilltop Drive Ricki Peitchel, 12881 Indian Trail Joe Benjamin, 847 Stevens Avenue, Solana Beach, representing United Poway Swim Team William C. Scandalis, 12881 Indian Trail, representing United Poway Swim Team 3966 Page 9 - CITY OF POWAY - November 13, 1990 Bob Francis, 715 Redwood Place, Escondido, president, United Poway Swim Team Judy Carlstrom, 13609 Ring Road Annette Heiny, 12223 Oak Knoll Road Ken Reyzer, 14051Fiddletown Road Ted Stephens, 13764 Paseo Bonita Mike Saltzstein, M.D., 1135 Garnett Avenue, #K, San Diego, General Chairperson representing San Diego Imperial Swimming and United States Swinlning Peggy Gentry, 13280 Olive Meadows Bob Perkin, 13433 Calle Colina Bill Muter, 12780 Casa Avenida Casey McKinney, 13636 Hilleary Place, #228 Swim club members expressed concern regarding the need for additional pool time for their teams; swim club fees; and facility maintenance and management. Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse, to direct staff to return operating hours to the status quo before reduc- tion; City Manager to report regarding personnel management allegations; and to begin formation of a task force to consider issues raised, excluding personnel allegation. The Task Force will report to the Parks and Recreation Advisory Committee prior to reporting back to Council in go days. Motion carried unani- mously. ITEM 15 COUNCIL VACANCY City Manager Bowersox stated that staff has prepared a report regarding the Council vacancy as a result of the election of a Mayor at the November 6, 1990 general municipal election. The seating of the successful candidate on December 4, 1990 will leave a two-year Councilmember term that must be filled. The Council has thirty days from the commencement of the vacancy to either fill by appointment for the balance of the term or by calling for a special election. Staff recommends this report be received and filed. Council concurred to receive and file report. ITEM 16 COMMUNITY PARK SECURITY STATUS Staff report by City Manager Bowersox. On December 5, 1989, the Council approved additional security measures for Community Park, including the installation of security lighting and fencing, and directed staff to report back six months following installation. Staff has prepared a response indicating a decrease in incident reports by more than 50 percent with staff continuing to monitor the area. Recommendation is to receive and file report. Council concurred to receive and file report. 3967 Page 10 - CITY OF POWAY - November 13, 1990 ITEM 22 PARKING RESTRICTIONS FOR POWAY HIGH NEIGHBORHOODS Mayor Higginson stated that this item was pulled from the Consent Calendar. Staff report by City Manager Bowersox. On September 4, 1990, the City Council approved parking restrictions for various residential streets surrounding Poway High School. Staff is recommending additional parking restrictions along Oakstand Road and Riparian Road due to overflow parking patterns. Speaking in favor of staff recommendation: Jim Keeley, 15815 Riparian Road Ronald Sawzak, 15754 Riparian Road Speakers stated homeowners are unable to receive trash and mail service because of parked cars. Speaking in opposition to staff recommendation: James Everett, 15614 Oakstand Road Tanya Burrell, 14221 Arbolitos Drive, representing Poway High Parking Lot COmlmlmittee Robert Dodds, 13812 Yellowthroat Road Following discussion, motion by Councllmember Emery, seconded by Councilmember Goldsmith, to direct staff to contact the Post Office and trash services to explain parking situation and encourage continued service for area; delay action on installation of signs, and report back after January 15, 1990. Motion carried unanimously. ITEM 28 CITY ATTORNEY ITEMS City Attorney Eckis stated that Poway has filed suit against the City of San Diego today regarding the opening of Pomerado Road. A decision on a writ of mandate should be rendered from the Superior Court by December 7, 1990. A® City Attorney Eckis stated he is requesting a closed session under Government Code §549§6.9{a) to discuss pending litigation, City of Poway v. San Marcos Development Company; San Marcos Development Company v. City of Poway; Laugen v. City of Poway; Grover v. City of Poway. (Continued from November 8, 1990, Item 4A} Be City Attorney Eckis stated that pending the outcome of the closed session, he will discuss the terms of a proposed Real Property Exchange and Settlement Agreement in open session. 3968 Page 11 - CITY OF POWAY - November 13, 1990 CITY COUNCIL-INITIATED ITEMS 29. Councilmember Brannon stated that the Clean Water Program Governance Advisory Group has approved a two-year interim committee to monitor the legislative package until the implementation structure is in place. She also stated that a Council appointment needs to be made to the interim com- mittee. CLOSED SESSION Mayor Higglnson called for a closed session at 12:05 a.m. as requested by the City Attorney, and called it back to order at 12:25 a.m. with all Councilmembers present. ITEM 28B CITY ATTORNEY ITEMS City Attorney Eckis discussed the settlement and property exchange agreement between the City and San Marcos Development, Laugen, and Grover, concerning pro- perties located at the northwest and southwest corners of Pomerado Road and Camino del Norte and property located at 12324 Oak Knoll Road. Motion by Councilmember Kruse, seconded by Councilmember Brannon, to approve the agreement as presented. Motion carried unanimously. AI~IIXIRI~ENT Upon motion by Councllmember Kruse, seconded by Councilmember Goldsmith, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 12:30 a.m., Wednesday, November 14, 1990. MarJorie~K. Wahlsten, City Clerk City of~)~way 3969