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CC 1990 11-20 CITY OF POMAY, CALIFORHIA NIHUTE$ OF THE ¢ZTY COUNCIL REGULAR NEETIHG HOVENBER ~0, 1990 The November 20, 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. COUI~IL#EI~ER$ PRESENT AT ROLL CALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson STAFF #EI~ER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Patrick Foley Pamela Colby Peter Moote Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Principal Management Analyst Management Analyst Management Analyst Management Assistant PLEOGE OF ALLEGIAI~E Deputy Mayor Goldsmith led the Pledge of Allegiance. Mayor Higginson read a proclamation proclaiming November 20, 1990, to January 1, 1991, as "Project Red Ribbon - Tie One On For Safety" and presented it to Pamela Munck, Second Vice President of San Diego Chapter of Mothers Against Drunk Drivers {MADD). PUBLIC I~,AL CQHNUHICATIOH$ Mayor Higginson explained the procedure for Public Oral was no one present wishing to speak. Communications. There 3970 Page 2 - CITY OF POWAY - November 20, 1990 CONSENT CALENDAR Motion by Councllmember Kruse, seconded by Councilmember Emery, to adopt the Consent Calendar as follows: 15. Approval of Minutes - City Council: October 16, 1990, Regular Meeting October 18, 1990, Adjourned Regular Meeting 17. Ratification of Warrant Register - November 1, 1990 18. Acceptance of private improvements and release of securities for Eucalyptus Heights, International Investment Group, Inc., applicant; located north of Poway Road and approximately one mile west of Route 67. 19. Reduction of securities for Gateway La Manda Estates, Gateway Poway Associates, applicant; located west of La Manda, north of Camino del Norte. 19.1 Acceptance of improvements and release of securities for Tentative Tract Map 88-15, Berman Investment Group, Inc., applicant; located south of Lake Poway Road and north of Del Poniente Road. 19.2 Adoption of Resolution No. 90-208 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City of Poway to Act as a Pass Through Agency for the Transfer of Transit Development Act Reserve Account Funds as Administered from the San Diego Association of Governments Bicycle Facility Conlnittee to the San Dieguito River Valley Regional Open Space Park Joint Powers Authority." 19.3 Award of bid for Future Farmers of America Facility at Lake Poway to Jomas Construction, Inc., in the amount of $158,560. Motion carried unanimously. ITEM 5 TENTATIVE TRACT MAP 89-13R CONDITIONAL USE PERMIT 90-13 APPLICANT: OLD COACH GOLF ESTATES (Councilmember Kruse disqualified himself and left the meeting at 7:10 p.m.) Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request for approval of a revised Tentative Tract Map for Old Coach Golf Estates and a Conditional Use Permit for a 27-hole golf course north of Espola Road. The changes in the map include a realignment of Old Coach Road to make it a signalized intersection with Bridlewood Road at Espola; reduction in width of a portion of Old Coach Road to reduce impacts to 3971 Page 3 - CITY OF POWAY - November 20, 1990 habitats along Sycamore Creek; realignment of other roads and pad elevations; and changes in certain playing areas of the golf course. Staff recommends approval. Speaking in opposition to staff recommendation: Bill Casler, 17257 Tam O'Shanter Drive Lynette Perkes, 15832 Lime Grove Road Mike Fry, 12819 Selma Court Charles Bennett, 15417 Espola Road Peggy Gentry, 13280 Olive Meadows Drive Wayne Brechtel, 740 Lomas Santa Fe, representing law firm of D. Dwight Worden J. Ingraham Clark, 72693 Skyward Way, Palm Desert Bea Reuel, 13710 Paseo Bonita Tom Knothe, 13724 Sagewood Drive Gary Shields, 1955 Willis Road, E1Cajon Speakers addressed impacts of grading, black-tailed gnatcatcher habitat, bicycle paths requested by San Dieguito River Valley Regional Open Space Park, sewage capacity, and water. Speaking in favor of staff recommendation: Tom Moore, 18555 Wild Horse Creek Sandra Mubarak, 19050 Old Coach Way Vicki McMinn, 18525 Deer Valley Estates John McMinn, 18525 Deer Valley Estates Jack Tripp, 16054 Stoney Acres Road, representing Green Valley Civic Association Anne Winton, 15939 Lime Grove Road David Drewery, 17732 Del Paso Drive, representing StoneRidge Homeowners Association Bruce Tabb, Environmental Development Ltd., 120D Third Ave., San Diego Barry Hogan, Michael Brandman Assoc., 7676 Hazard Center Drive, San Diego, requested changes. Staff concurred with changes to Condition 1 on page 5 and condition 6 on page 8, as well as deletion of items 1-17 on pages 9 and 10. Allen Haynie, attorney for applicant, 701B Street, #2100, San Diego Neal Iverson, Dye Designs, golf course designers, 5500 E. Yale Ave., Denver, Colorado Charles Tourtellotte, Dye Designs, 5500 E. Yale Ave., Denver, Colorado Council discussion included loss of gnatcatcher habitat and mitigation measures, including the possibility of purchasing Goodan Ranch; maintenance of buffer zone by a Homeowners Association or Landscape Maintenance District; timing for reclaimed water from San Pasqual Valley. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to close the public hearing, find that the environmental impacts were adequately addressed by the final EIR and direct staff to prepare a revised Resolution incorporating changes and findings from this meeting for action on November 27, 1990. Motion carried 3-1 with Councilmember Emery voting "no" and Councilmember Kruse disqualified. 3972 Page 4 - CITY OF POWAY - November 20, 1990 ITEM 6 ORDINANCE NO. 327 - FIRST READING DEVELOPMENT AGREEMENT - OLD COACH GOLF ESTATES (Councllmember Kruse re-entered the meeting, announced he was disqualified from acting on this item and left the room.) Mayor Higginson opened the public hearing and read the title of Ordinance No. 327, "An Ordinance of the City of Poway, California, Approving a Development Agreement with Environmental Development, Ltd., Under Government Code Section 65864-65867.5 and Poway Municipal Code Chapter 17.53." Staff report by City Attorney Eckis. He stated that staff has prepared addi- tional findings to be included in the Ordinance. These were distributed prior to the meeting and will appear in the document at second reading. Adoption of the Development Agreement vests the project and guarantees certain improvements to be done within certain time frames. Staff recommends Council hold first reading. Speaking in opposition to staff recon~endation: Mike Fry, 12819 Selma Court D. Wayne Brechtel, 720 Lomas Santa Fe, Solana Beach, requested a continuance to change the wording. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to waive further reading of Ordinance No. 327. Motion carried 4-0 with Councilmember Kruse disqualified. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to hold first reading of Ordinance No. 327 with a change in Section 3.7 to state that the funds paid by the developer for gnatcatcher habitat shall not necessarily constitute full mitigation, and added findings, with second reading to be November 27, 1990. Motion carried 3-1 with Councilmember Emery voting "no" and Councilmember Kruse disqualified. ITEM 7 TENTATIVE TRACT MAP 89-09 APPLICANT: ROBERT WILLIAMS Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to divide 77 acres into 10 lots at the western terminus of Del Poniente on the north facing slopes of Twin Peaks. It was originally considered on August 28 and continued indefinitely to allow Council to have a workshop on site which they did on September 29, lggo to view the individual home sites and proposed road alignment. The one issue not resolved between staff and the developer is whether the open space should be dedicated to the City in fee or as an easement. Because of experiences where homeowners have destroyed the natural habitat in open space easements on their property, staff reco~mr~ends it be given in fee. Staff has also distributed a report showing revisions to the original staff report. 3973 Page 5 - CITY OF POWAY - November 20, 1990 Speaking in opposition to staff recommendation: Philip Butzen, 12630 Monte Vista Road David Hogan, San Diego Biodiversity Project, P.O. Box 1944, Julian Tom Marcisz, 13562 Del Poniente Road Speakers requested construction traffic enter the project from the west, not on Del Poniente Road. Staff stated there would be environmental damage to create a road from the west to this property. Speaking in favor of staff recommendation: Peggy Gentry, 13280 Olive Meadows Drive, representing Poway Civic Association Eugene Geritz, 1111 Fort Stockton, San Diego, project engineer Mike Fry, 12819 Selma Court Following discussion, motion by Councilmember Kruse, seconded by Councilmember Brannon, to close the public hearing and adopt Planning Resolution No. 90-87, entitled, "a Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 89-09, Assessor's Parcel Number 314-031-16, 17, 18, 19," with open space to be taken in fee, no access from the west, and changes presented by staff. Motion carried unanimously. Mayor Higginson recessed the meeting at 10:30 p.m., announced he would be leaving the meeting and turned the gavel over to Deputy Mayor Goldsmith. e. ALL TO ORDER Deputy Mayor Goldsmith called the meeting back to order at 10:45 p.m. with all Councilmembers present except Mayor Higginson. ITEM 8 DEVELOPMENT REVIEW 90-10 APPLICANT: LUTHERAN CHURCH OF THE INCARNATION Deputy Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. On October 30, the City Council approved the issuance of four EDUs of sewer capacity from the reserve category for the Lutheran Church of the Incarnation's expansion. It is necessary for the City Council to adopt an Ordinance for the sewer allocation and that action was not noticed for this meeting. Staff recommends continuance of the Development Review to November 27, 1990, to be considered with the Ordinance. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Brannon to continue consideration of Development Review 90-10 to November 27, 1990. Motion carried 4-0 with Mayor Higginson absent. 3974 Page 6 - CITY OF POWAY - November 20, 1990 ITEM g TENTATIVE PARCEL MAP 82-07 AMENDMENT TO RESOLUTION APPLICANT: GARDEN ROAD ASSOCIATES Deputy Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The applicant is requesting an amendment to the conditions of approval for TPM 82-07, specifically the common hammerhead turnarounds on Lots 1 and 2 and Lots 3 and 4. Staff recommends approval of the amendment as requested. There was no one present wishing to speak. Motion by Councilmember Kruse, seconded by Councilmember Brannon to close the public hearing and adopt Planning Resolution No. 90-88, entitled, "A Resolution of the City Council of the City of Poway, California, Amending Tentative Parcel Map 82-07, Assessor's Parcel Number 323-330-47, 48, 49, and 50." Motion carried 4-0 with Mayor Higginson absent. ITEM 10 COASTAL SAGE SCRUB MITIGATION STANDARD Staff report by Director of Planning Services Wright-Quastler. The Coastal Sage Scrub habitat which is abundant in Poway, is utilized by the California gnat- catcher, a bird that is a candidate species for endangered status under the federal Endangered Species Act. Staff is proposing a 2:1 replacement ratio for developments with biological impacts as an interim standard until the completion of a city-wide gnatcatcher study. Speaking in favor of staff recommendation: Mike Fry, 12819 Selma Court Bea Reuel, 13710 Paseo Bonita Speaking in opposition to staff recommendation: David Hogan, San Diego Biodiversity Project, P.O. Box 1944, Julian William Schwartz, attorney for CalMat, 401B Street, San Diego Philip Butzen, 12630 Monte Vista Road In response to public comments, City Manager Bowersox stated this standard will apply to the CalMat project but will not apply to single family dwellings in any different manner than before. Council requested more information on what coastal sage scrub is and concurred to accept Dr. Mouk's offer made to the Director of Planning Services to make a presentation regarding coastal sage scrub and the gnatcatcher. Dr. Mouk is a biologist with ERCE, the City's biological consultant. Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-90-89, entitled, "A Resolution of the City Council of the City of Poway, California Adopting an 3975 Page 7 - CITY OF POWAY - November 20, 1990 Interim Replacement Standard as Mitigation for Coastal Sage Scrub Habitat for the California Gnatcatcher and Establishing a Mitigation Fund," as revised and distributed by staff. Motion carried 4-0 with Mayor Higginson absent. ITEM 11 ORDINANCE NO. 328 - FIRST READING SECOND CALLS Deputy Mayor Goldsmith read the title of Ordinance No. 328," An Ordinance of the City of Poway, California, Amending the Poway Municipal Code Relating to the Use of Police Services in Responding to Disturbances of the Peace at Parties, Gatherings or Events on Private Property and the Ability to Bill the Responsible Party for Costs." Staff report by City Manager Bowersox. This ordinance will enable the city to recover costs relating to the the second response by the Sheriff's Department to a disturbance. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Kruse to waive further reading of Ordinance No. 328 and set second reading for November 27, 1990. Motion carried 4-0 with Mayor Higginson absent. ITEM 12 MINOR DEVELOPMENT REVIEW 90-75 APPEAL APPLICANTS: FRANS AND SANDI VERHEIJEN Staff report by City Manager Bowersox. the applicants are appealing two con- ditions of approval for Minor Development Review 90-75 located at 12811Welton Lane: 1) the extent of road frontage improvements; and 2} the annexation into a Landscape Maintenance District. Speaking in opposition to staff recommendation: Frans Verheijen, 14031Tierra Bonita Road In response to Council query, staff stated that the LMD annexation is a policy recommended by the LMD Advisory Committee and adopted by Council. Council requested the newly-formed Committee reconsider this policy and report back to the Council. Motion by Councilmember Emery, seconded by Councilmember Kruse to adopt Planning Resolution No. P-go-go, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review 90-75, Assessor's Parcel Number 323-280-18, amended to allow payment of an in-lieu fee or a reimbursement agreement if the applicant installs the road improvements, and to require annexation into a LMD unless waived by the City Council prior to occupancy. Such waiver would occur if the Council adopts a change in the city's policy. Motion carried 4-0 with Mayor Higginson absent. 3976 Page 8 - CITY OF POWAY - November 20, 1990 ITEM 13 JOINT COMMITTEE WITH PALOMAR COMMUNITY COLLEGE Staff report by City Manager Bowersox. The Palomar Community College District governing board has requested that the City Council appoint two Councilmembers to serve on a joint Committee with them to locate an off-site campus in Poway. Motion by Councllmember Emery, seconded by Councllmember Brannon, to concur with such a Committee and make the Council appointments following the seating of the new Council. Motion carried 4-0 with Mayor Higginson absent. ITEM 14 1-15 LIGHT RAIL TRANSIT ALIGNMENT STUDY Staff report by City Manager Bowersox. Staff is reco~w~)ending appropriation of $38,500 from the City's Transportation Development Act Reserve Funds to pay for Poway's portion of the 1-15 Light Rail Transit Alignment Study. Council had authorized being included in the Request for Proposal on August 28, 1990. Council discussed the alignments which the consultant is proposing to look at within Poway and concurred that the approved Transportation Task Force's plan should be followed, which calls for mass transit to South Poway. Motion by Councilmember Emery, seconded by Councilmember Brannon, to appropriate the funds as recommended by staff and directed staff to forward a copy of the Transportation Task Force report to SANDAG. Motion carried unanimously. ITEM 14.1 POWAY ROYAL MOBILE ESTATES Staff report by City Manager Bowersox. This item confirms actions taken by the City Council at the November 8, 1990 workshop concerning rents at Poway Royal Mobile Estates and responds to citizen comments made during Oral Communications at the November 13, 1990 City Council meeting. Staff recommends confirmation of the November 8 action. Speaking in favor of staff recommendation: Bill Gheselin, 13046, Bonita Vista, Chairman of the Board of Directors of Poway Royal David Rinaldo, 13035 Corona Way Warren Brandow, 13318 Alpine Drive Speakers addressed maintenance problems in the mobilehome park and stated there are owners who need financial assistance. Motion by Councilmember Brannon, seconded by Councilmember Kruse, to adopt staff recommendation; set up a program for assistance and appoint a sub-committee of the Council to work with staff and residents. Motion carried 4-0 with Mayor Higginson absent. 3977 Page 9 - CITY OF POWAY - November 20, 1990 ITEM 14.2 PEDESTRIAN SAFETY ON COMMUNITY ROAD Staff report by City Manager Bowersox. This report is a result of Public Oral Communications on November 13, 1990. The Traffic Safety Committee has reviewed the area on Community between Ketron and Olive Grove Drive in the past and has recommended a traffic signal at Community Road/Olive Grove Drive with a pedestrian walkway to Scots Way. The project is not funded and staff proposes to hold a neighborhood meeting in December. Recommendation is to receive and file this report. Motion by Councllmember Kruse, seconded by Councilmember Emery to adopt staff recommendation. Motion carried 4-0 with Mayor Hlgginson absent. ITEM 14.3 DAY CARE NEEDS ASSESSMENT Staff report by City Manager Bowersox. SANDAG has completed the day care needs assessment and the results are being presented in this item. Staff recommends the Council receive and file the report. Motion by Councilmember Kruse, seconded by Councilmember Emery to direct staff to schedule a workshop to give the City Council an opportunity to discuss the report and the formation of a Child Care Task Force. Motion carried 4-0 with Mayor Higginson absent. CITY COUNCIL INITIATED ITEMS 22. Councllmember Brannon requested the Council appoint a replacement for her on the Clean Water Governance Group on November 27 since the Committee will be meeting early in December. AI~OURHNE#T Upon motion by Councllmember Brannon, seconded by Councilmember Emery, Deputy Mayor Goldsmith Higginson ordered the meeting adjourned. The time of adjourn- ment was 12:20 p.m. Marjorie\K. Wahlsten, City Clerk City o~.~Poway 3978