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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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