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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. 3855 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. 3856 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. 3857 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. 3858 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. 3859 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. 3860 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 3861 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 3870