CC 1990 07-31CiTY OF POllY, CALiFORNiA
#iHUTE$ OF THE CiTY COUNCIL REGULAR #EETIHG
OULY 31, 1990
The July 31, 1990, regular meeting of the City Council of the City of Poway
was called to order at 7:01 p.m. by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEI4BERSAI~gERItlG ROLL CALL
Linda Brannon, Bob Emery, Jan Goldsmith, Don Higginson
COUHCIL#ERBER$ ABSENT AT ROLL CALL
Carl Kruse
STAFF NEI4BER$ PRESENT
James Bowersox
MarJorie Wahlsten
Steve Eckis
John Fitch
Robert Thomas
Alan Archibald
Mark Sanchez
Mark Weston
Steve Streeter
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 Engineering Services
Assistant Director of Planning Services
Management Analyst
Management Analyst
Management Assistant
Deputy City Clerk
PLEDGE OF ALLEGIAHCE
Deputy Mayor Goldsmith led the Pledge of Allegiance.
PROCLA#ATIOH
Mayor Higginson proclaimed August 1 - 7, 1990, as "National Clown Week" and pre-
sented a proclamation to "Giggles" and "Chocolate" of the San Diego State
University Clown Club.
PUBLIC ORAL
Mayor Higginson explained the procedure for Public Oral Communications.
Kevin O'Donnell, 12524 Glenoak Road, spoke regarding motorcycles and other
vehicles using the median island on Glenoak Road and requested it be
paved or landscaped to prevent its use.
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Page 2 - CITY OF POWAY - July 31, 1990
Mike Fry, 12819 Selma Court, spoke regarding the height of the architectural
towers approved for Creekside Plaza, Specific Plan 89-04 and
Development Review 89-15, on July 27, 1990, and questioned their
appropriateness.
City Manager Bowersox stated that staff will report back at the August 7, 1990
meeting.
CONSENT CALENDAR
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon to approve
the Consent Calendar as follows:
11. Ratification of Warrant Registers - July 11, 13, 1990.
12. Approval of City's Investment Report - June 30, 1990.
13. Adoption of Resolution No. P-90-54 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Development Review 89-05
and Rescinding Resolution No. P-89-61, Assessor's Parcel Number 317-222-11,"
Allen Jaffe, applicant: a request to construct five industrial buildings
totaling 55,004 square feet on Lot 1 of Tentative Tract Map 85-04; located
north of Stowe Drive ±1,200 feet west of Iavelli Way in Pomerado Business
Park.
14. Approval of revised schedule of hourly rates for engineering and related
services for BSI Consultants, Inc. from August 1, 1990, through June 30,
1991; and approval of extension of contract through October 31, 1991.
15. Adoption of Resolution No. P-90-52 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development Review
90-39, Assessor's Parcel Number 321-191-18," Hillside/Ridgeline, Glen
Rivers, applicant: a request to construct a 6,662 square foot two-story
single family residence at 14260 Tierra Bonita Road.
16. Approval of final map for Tentative Tract Map 88-12, Green Valley Oaks, and
directing its recordation, Richard Lareau applicant; located on the west
side of Sagewood Lane, south of Sag,wood Drive and north of Rostrata Road;
and adoption of Resolution No. 90-158 entitled, "A Resolution of the City
Council of the City of Poway, California, Ordering the Expansion of Poway
Landscape Maintenance Assessment District No. 86-1 With Written Consent Of
All Property Owners."
17. Approval of final parcel map for Tentative Parcel Map 88-11, and directing
its recordation, Thomas and Debra Mason applicants; located on the south
side of Eastvale Road, east of Markar Road.
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Page 3 - CITY OF POWAY - July 31, 1990
18.
Approve status of pending legislation report as follows: 1) support SCA 2
{Leonard} which provides for approval of general obligation bonds by a
simple majority vote in certain cases; 2) oppose SB 998 {Presley), man-
datory pass-through formula or local negotiations at County option for
redevelopment agencies; 3) support AB 145 {Costa} California Park,
Recreation and Wildlife Enhancement Act, as amended eliminating requirement
for the inclusion of a City's housing element in consideration of grant
requests; and 4) oppose SB 2688 {Rogers), sanitation systems, limiting
public agencies ability to regulate brine discharge.
18.1 Approval of lease renewal for Lake Poway Concession and Bait and Tackle
Shop with Felipe Castro.
18.2 Approval of lease agreement between the City of Poway and For Parents' and
Kids' Sake for use of the trailer located at 12951Metate Lane.
Motion carried 4-0, with Councilmember Kruse absent.
ITEM 5
ORDINANCE NO. 322 - SECOND READING
UNDERGROUND UTILITY REQUIREMENTS
Mayor Hlgginson read the title of Ordinance No. 322, "An Ordinance of the City
of Poway, California, Amending Poway Municipal Code Section 16.18.030.A.11."
Staff report by City Manager Bowersox. This ordinance amendment would allow
waivers from underground utility requirements and provides a less restrictive
policy, as discussed by the City Council at their May 10, 1990 workshop.
There was no one present wishing to speak.
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to close
the public hearing, waive further reading and adopt Ordinance No. 322. Motion
carried 4-0 on a roll call vote, with Councilmember Kruse absent.
ITEM 6
TAX RATE FOR FY 1990-91
COMMUNITY FACILITIES DISTRICT NO. 88-1
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The amount to be collected on the tax roll for the Con~unity
Facilities District No. 88-1, Parkway Business Center, for fiscal year 1990-91
is $575,720.00, which is $4,174.92 per net usable acre. Staff recommends appro-
val.
There was no one present wishing to speak.
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Page 4 - CITY OF POWAY - July 31, 1990
Motion by Councilmember Brannon, seconded by Councilmember Goldsmith, to close
the public hearing and adopt Resolution No. 90-159 entitled, "A Resolution of
the City Council of the City of Poway, California, Setting the Special Tax Rate
and the Amount to be Levied on Property Within the Community Facilities District
No. 88-1 {Parkway Business Center} for Fiscal Year 1990-91." Motion carried
4-0, with Councilmember Kruse absent.
ITEM 7
ENVIRONMENTAL ASSESSMENT FOR CONSTRUCTION OF STREET IMPROVEMENTS
DEL PONIENTE/HIGH VALLEY/ESPOLA/AND HACIENDA ROADS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This item is for consideration of an environmental assessment for a
Redevelopment Agency Capital Improvement Project for the construction of street
improvements for the realignment of Del Poniente Road and High Valley Road to
create a common signalized intersection. Hacienda Road would be rerouted to
intersect with High Valley Road. The project will require the acquisition of
easements, relocation of utility systems, reconstruction of drainage and dri-
veway improvements, curb, gutter and sidewalks, and ultimate roadway width
improvements within the immediate area. Staff conducted an environmental ini-
tial study and determined that the project will not have a significant effect
upon the environment. Staff recommends the issuance of a Negative Declaration.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Brannon, to close the
public hearing and issue a Negative Declaration. Motion carried 4-0, with
Councilmember Kruse absent.
ITEM 8
MINOR DEVELOPMENT REVIEW 90-25/VARIANCE 90-05
APPLICANT: ROBERT HOGARTH/OWNERS: HARRY & DIANA GEORGE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a standard sized tennis court with an
eight to ten foot high fence which would encroach into the front yard setback at
14110 Palisades Drive. The existing site development and easements prohibit
placement of the tennis court in other areas of the yard. The proposed place-
ment of the tennis court could limit visibility at the Pequot Drive and
Palisades Drive intersection, therefore, staff recommends prohibition of mesh
wind screens on the back court fence closest to Palisades Drive. Staff recom-
mends approval.
Speaking in favor of staff recommendation:
Harry S. George, 14110 Palisades Drive, requested modification of conditions
of approval to allow mesh wind screens on the back court and presented
photos of the intersection.
City Manager Bowersox recommended language be added to the conditions to allow
a mesh windscreen on this section of the fence subject to the approval of the
City Engineer so that staff can look at the visibility after the tennis court is
completed.
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Page 5 - CITY OF POWAY - July 31, 1990
Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the
public hearing and adopt Planning Resolution No. P-90-53, entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Variance 90-05 and Minor Development Review 90-25, Assessor's Parcel Number
314-051-01," as revised regarding approval by City Engineer for windscreen.
Motion carried 4-0, with Councilmember Kruse absent.
ITEM 9
RESERVATION OF SEWER CAPACITY FOR TENTATIVE TRACT MAP 90-04
APPLICANT: ROYSTER CONSTRUCTION/JERRY & ANGELA LEE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The applicants are requesting Council determine that their 7 unit
subdivision, located at the southeast corner of Stone Canyon and Pomerado Roads,
qualifies for issuance of three units of sewage capacity from the Reserve
Category. In accordance with the sewer allocation plan adopted by Ordinance No.
304, issuance of a letter of availability for sewer capacity from the Reserve
Category requires an ordinance amendment. Staff recommendation for this item
was for issuance from the Reserve Category, however, staff recommends Council
determine there are sufficient findings of public benefit to warrant reservation
of sewer capacity from the Redevelopment Projects Category.
There was no one present wishing to speak.
Motion by Councilmember Brannon, seconded by Councilmember Goldsmith, to close
the public hearing and direct staff to bring back a resolution on August 28,
1990 for issuance of 3 EDUs of sewer capacity from the Redevelopment Projects
Category. Motion carried 4-0, with Councilmember Kruse absent.
ITEM 10
DESIGNATION OF SANDAG AS SAN DIEGO REGION
CONGESTION MANAGEMENT PROGRAM AGENCY
Staff report by City Manager Bowersox. In accordance with the requirements of
Proposition 111, adopted by the voters at the June, 1990 election, it is
necessary to designate a Congestion Management Program {CMP} Agency to prepare
and update an annual Congestion Management Program for the region. San Diego
Association of Governments has requested each of the member cities adopt a reso-
lution designating SANDAG Board of Directors as the CMP Agency. Staff recom-
mends approval.
Motion by Councilmember Emery, seconded by Councilmember Brannon, to adopt
Resolution No. 90-160 entitled, "A Resolution of the City Council of the City of
Poway, California, Supporting the Designation of SANDAG as the Congestion
Management Program (CMP) Agency for the San Diego Region." Motion carried 4-0,
with Councilmember Kruse absent.
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Page G - CITY OF POWAY - July 31, 1990
ITEM 10.1
VERNAL POOL MITIGATION FOR
STATE ROUTE 56 AND TTM 89-15
City Manager Bowersox stated that this item was continued from July 24, 1990 in
response to Council's request for the City Attorney to prepare an opinion
whether the vernal pool areas identified on the SR 56 and TTM 89-15 {State
Lands) sites require application for Army Corps of Engineers 404 permit and
Department of Fish and Game 1603 agreement. City Attorney Eckis stated it is
his opinion that a Section 404 permit is not required for either the SR 56 or
State Lands site, and that the acquisition of off site environmental easements
satisfies the mitigation program and adequately protects representative type
"Poway" vernal pools. A State Section 1603 Permit will be submitted for the SR
56 fresh water marsh habitat which is a part of the adopted mitigation program
for the roadway, and the proposed vernal pool trust fund will adequately miti-
gate any noncontiguous reported vernal pools on the site. A Section 1603
agreement is not required for the State Lands site in that the reported vernal
pools are considered of marginal quality with no endangered species, and the
reported vernal pools will be protected or mitigated by the vernal pool trust
fund. Staff recommends: 1) a vernal pool trust fund be established with depo-
sits of $25,000 on behalf of TTM 89-15 {State Lands), and $50,000 from Carmel
Mountain Ranch on behalf of SR 56; 2) a program of enhancement, consisting of
the transfer of duff from the State Lands parcel to remaining pools on the SR 56
site be completed; and 3} a qualified biologist monitor the remaining pools on
the SR 56 site and report annually.
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court, representing Sierra Club
Elizabeth White, 4567 Newport Avenue, San Diego, representing U. S. Fish and
Wildlife, stated that under new standards being proposed by their
agency, the vernal pools reported on the State Lands parcel could
require a permit application.
Following discussion, motion by Councilmember Goldsmith, seconded by
Councilmember Emery, to approve staff recommendation for the SR 56 mitigation
program. Motion carried 4-D, with Councilmember Kruse absent. Motion by
Councilmember Brannon, seconded by Councilmember Emery, to approve the mitiga-
tion program for the State Lands parcel, subject to the concurrence of the
California Fish and Game and the Army Corps of Engineers prior to the transfer
of duff from the State Lands site to SR 56 site. Motion carried 4-D, with
Councilmember Kruse absent.
ITEM 19
CITY MANAGER ITEMS
Ae
City Manager Bowersox announced Mike Robinson has been appointed to the
City's new Traffic Engineer position; and introduced Janis Acosta, who has
been selected as Management Assistant.
B. City Manager Bowersox stated he is requesting a closed session pursuant to
Government Code Section 54957 to discuss personnel matters.
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Page 7 - CITY OF POWAY - July 31, 1990
ITEM 20
CITY ATTORNEY ITEMS
City Attorney Eckis stated that he is requesting a closed session under
Government Code Section 54956.9{c) to determine whether to initiate litigation.
CITY COUNCIL-INITIATED ITEMS
22. Councilmember Emery requested Council concurrence to hold a workshop session
to discuss a policy statement on delivery of treated water to the Ramona
Municipal Water District.
Following discussion, motion by Councilmember Brannon, seconded by
Councilmember Emery, to hold a workshop session, and direct staff to prepare
a report discussing issues related to delivery of water to other agencies.
Motion carried 4-0, with Councilmember Kruse absent.
CLO~EO SESSION
Mayor Hlgginson called for a closed session at 8:29 p.m. as requested by the
City Manager and the City Attorney.
(Councilmember Brannon left the closed session at 8:50 p.m.}
Mayor Higginson called the meeting back to order at 8:55 p.m. with all
Councilmembers present except for Councilmembers Brannon and Kruse, and stated
that the Council instructed the City Attorney with respect to the litigation
matter. Upon motion by Councilmember Emery, seconded by Councilmember
Goldsmith, Mayor Higginson ordered the meeting adjourned. The time of adjourn-
ment was 8:56 p.m.
Marjorie KJ Wahlsten, City Clerk
City of poWay
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Page 9 - CITY OF POWAY - August 7, 1990
Following discussion, motion by Councilmember Brannon, seconded by Councilmember
Emery, to adopt Planning Resolution No. P-9D-S9 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Development Review
90-06, Assessor's Parcel Number 314-35D-09, 23," as amended to require wood
siding, flat tile roofs and colors compatible with The Colonies development.
Motion carried unanimously.
ITEM 12
AMENDING THE FACILITIES TO BE FINANCED BY
COMMUNITY FACILITIES DISTRICT NO. 90-1
TECH BUSINESS CENTER
Staff report by City Manager Bowersox. On May 8, 1990, the City Council
approved the formation of Community Facilities District No. 90-1 for the purpose
of financing public improvements for the Tech Business Center in South Poway
through the issuance of tax exempt bonds and the levy of a special tax on pro-
perty within the district. The developers of the project have requested
amending the list of public improvements to be financed. Staff recommends adop-
tion of a resolution of consideration to change the facilities to be financed.
Motion by Councilmember Brannon, seconded by Councilmember Kruse, to adopt
Resolution No. 90-166 entitled, "A Resolution of Consideration of the City
Council of the City of Poway, California, Acting in Its Capacity as the
Legislative Body of Community Facilities District No. 90-1 of the City of Poway
{Tech Business Center} to Change the Facilities to be Financed by Community
Facilities District No. 90-1 of the City of Poway {Tech Business Center)."
Motion carried unanimously.
Upon motion by Councilmember Kruse, seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, August 9, 1990.
The time of adjournment was 12:54 a.m., Wednesday, August 8, 1990.
cM~Oor~ayWahlsten, City Clerk
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