CC 1990 12-11CITY OF WY, CALIFORNIA
#IHUTE$ OF THE ClTY COUI~Ik REGULAR#EETIHG
DECEI48ER 11, 1990
The December 11, 1990, regular meeting of the City Council of the City of
Poway was called to order at 7:00 p.m. by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUHCIL#EI~ER$ AI~gERIHG ROLL CALL
Bob Emery, Don Higginson, Tony Snesko, Jan Goldsmith
COUNCILNE#BERS ABSENT AT ROLL CALL
One Seat Vacant
STAFF NENBERS 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
Patrick Foley
Pamela Colby
Peter Moote
Janls 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
Principal Management Analyst
Management Analyst
Management Analyst
Management Asslstant
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
ITEM 2.1
FILLING COUNCIL VACANCY
Mayor Goldsmith stated that during the workshop sesion held Monday, December 10,
1990, ten candidates were interviewed for the Council vacancy. Mayor Goldsmith
requested public testimony only to address the method of filling the vacancy,
either appointment or special election, not who should fill the seat.
Mike Fry, 12819 Selma Court, spoke in favor of a holding a special election.
David Rinaldo, 13035 Corona Way, spoke in favor of appointment.
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Page 2 - CITY OF POWAY - December 11, 1990
Council concurred in making oral nominations in stating their preference for
filling the vacancy by appointment. The Councilmembers announced who they were
nominating. Mayor Goldsmith, Councilmember Snesko, and Councilmember Higginson
nominated Kathy McIntyre. Councilmember Emery nominated Alan Sugarman.
Motion by Councilmember Emery, seconded by Councilmember Snesko, to appoint
Kathy McIntyre to the two-year vacant Council seat. Motion carried 4-0, with
one seat vacant.
City Clerk Wahlsten administered the oath of office to Kathy McIntyre and she
took her seat at the dais.
PUBLIC OPAL C(~UNI~JkTION$
Mayor Goldsmith explained the procedure for Public Oral Communications.
A. Orval Hill, 13001Bowron Road, spoke regarding elections.
B. Jim Francis, 14623 Sunrise Canyon Road, and Bill Barnick, 14645 Sunrise
Canyon Road, asked about the status of opening Pomerado Road.
City Attorney Eckis stated that the City has filed a writ of mandate in Superior
Court regarding Pomerado Road and that the Court has set a hearing date of
December 20, 1990.
C. Bill
Ghlselin, 13046 Bonita Vista, representing Poway Royal Homeowners
Association, requested rental assistance for residents of Poway Royal
mobilehome park.
City Manager Bowersox stated that staff will report back on December 18, 1990.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Goldsmith to approve
the Consent Calendar as follows:
13. Ratification of Warrant Register - November 20, 1990.
14. Approval of an extension of contract to December 31, 1993, for banking
services with San Diego Trust & Savings Bank.
15.
Acceptance of landscape improvements to Landscape Maintenance District 86-1,
Tentative Tract Map 84-08 {The Grove, Standard Pacific); located east of
Espola Road, north of Titan Way.
16.
Adoption of Resolution No. 90-219 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving and Executing the
Intetegrated Waste Management Planning and Funding Agreement Between the
City of Poway and the County of San Diego."
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Page 3 - CZTY OF POWAY - December 11, 1990
17. Reduction and release of certain securities and authorization for reimbur-
sement to Standard Pacific for traffic signal at Espola Road and Titan Way;
The Groves, TM 84-08.
18. Acceptance of improvements and release of securities for Tentative Tract Map
89-09; Q6 Homes, applicant; located approximately 500 feet east of Midland
Road, south side of Janette Lane.
19. Adoption of 90-220 entitled, "A Resolution of the City Council of the City
of Poway, California, Ordering the Summary Vacation of Right-of-Way
Privileges and Rights Located within Parcel 2 of City of Poway Parcel 88-04,
Map Thereof 15255 Filed in the Office of the County Recorder of San Diego
County as File No. 88-268184 on June 6, 1988." {Vacation No. 90-14;
located south side of Poway Road, between Midland Road and Gate Drive.)
20. Adoption of Resolution No. 90-221 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing All Way Stop Controls
at the Intersection of Riparian Road and Oakstand Drive." {Confirming
action taken November 27, 1990, Item 18).
21. Approving Transportation Advisory Committee Charter as amended November 27,
1990, Item 22.
Motion carried 4-0, with Councilmember McIntyre abstaining.
ITEM 4
ORDINANCE NO. 329 - SECOND READING
LUTHERAN CHURCH OF THE INCARNATION
Councilmember Higglnson stated that he was disqualifying himself as he resides
within 1,000 feet of the property and left the room at 7:57 p.m. Mayor
Goldsmith read the title of Ordinance No. 329, "An Ordinance of the City of
Poway, California, Issuing a Letter of Availability for Sewer Capacity from the
Reserve Category to The Lutheran Church of the Incarnation, Assessor's Parcel
Number 273-820-08."
City Manager Bowersox stated that this is second reading of an ordinance in
accordance with the sewer allocation plan to issue four units of sewer capacity
for the church's proposed expansion located at 16889 Espola Road.
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Snesko, to close the
public hearing, waive further reading and adopt Ordinance No. 329. Motion
carried 3-0 on a roll call vote, with Councilmember Higginson disqualifying him-
self and Councilmember McIntyre abstaining.
(Councilmember Higginson re-entered the meeting at 7:59 p.m.)
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Page 4 - CITY OF POWAY - December 11, 1990
ITEM 5
ORDINANCE NO. 330 - SECOND READING
DEVELOPMENT AGREEMENT - TECH BUSINESS CENTER
Mayor Goldsmith read the title of Ordinance No. 330, "An Ordinance of the City
of Poway, California, Approving a Development Agreement with the Tech Business
Center, Under Government Code Sections 65864-65867.5 and Poway Municipal Code
Chapter 17.53."
City Manager Bowersox stated that this is second reading for an ordinance
approving a development agreement with the developers of the Tech Business
Center {TTM 89-08).
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Higginson, to close the
public hearing, waive further reading and adopt Ordinance No. 330. Motion
carried 3-0 on a roll call vote, with Councilmembers McIntyre and Snesko
abstaining.
ITEM 5
ORDINANCE NO. 331 - SECOND READING
DEVELOPMENT AGREEMENT - POWAY CORPORATE CENTER
Mayor Goldsmith read the title of Ordinance No. 331, "An Ordinance of the City
of Poway, California, Approving a Development Agreement with the Poway Corporate
Center, Under Government Code Sections 65864-65867.5 and Poway Municipal Code
Chapter 17.53."
City Manager Bowersox stated that this is second reading for an ordinance
approving a development agreement with the developers of the Poway Corporate
Center {TTM 86-02R}.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing, waive further reading and adopt Ordinance No. 331. Motion
carried 3-0 on a roll call vote, with Councilmembers McIntyre and Snesko
abstaining.
ITEM 7
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
POWAY REDEVELOPMENT AGENCY AND POWAY MOTORS, INC.
Mayor Goldsmith opened the public hearing. City Manager Bowersox stated that
staff is recon~ending that this item be continued to January 8, 1991, in order
to provide the appropriate environmental review and notification period
required for this project prior to the approval of a Conditional Use Permit.
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Page 5 - CITY OF PONAY - December 11, 1990
Speaking In opposition to staff recommendation:
Larry Cruse, 13734 Utopia Road, asked about impacts on Poway Creek.
Motion by Councilmember Emery, seconded by Councilmember Hlgginson to continue
this item to January 8, 1991. Motion carried unanimously.
ITEM 8
SEWER CAPACITY ALLOCATION PLAN
Staff report by City Manager Bowersox. Staff has determined that additional
EDUs are available within our current Metro contract capacity as a result of the
installation of a new wastewater flow meter and the collection of eight months
of flow data. Estimates prepared in 1989 showed that the City had almost com-
mitted the full 5.0 MGD of Metro contract sewer capacity. In December, 1989, a
sewer allocation plan was adopted establishing the procedures for allocation of
capacity from six categories. Analysis of the newly collected data has been
conducted which indicates the average daily flow is 3.54 MGD. Metro has used the
flow average of 4.4 MGD for billing which has resulted in an overpayment for
Metro treatment costs of approximately $14,453 per month. Staff recommends
modifying the sewer allocation plan by adding 988 additional EDUs of sewer
capacity and requesting a rebate of $520,335 for an estimated overpayment of
three years in Metro treatment costs.
Council concurred that any money collected as a result of an overpayment should
be used to offset costs to the public.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
staff recommendation. Motion carried 4-0 with Councilmember McIntyre
abstaining.
ITEM 9
APPEAL FOR INSTALLATION OF SEPTIC SYSTEM
APPLICANT: GARY NOGLE-ORCHARD BEND ROAD
Staff report by City Manager Bowersox. This is an appeal of a staff decision
that approval of a septic system for an existing single family lot located at
16631 Orchard Bend Road does not meet City standards. Under the current sewer
allocation plan, there is no sewer capacity for existing legal lots. Staff does
not recommend use of an interim septic system in a residential area which would
normally connect to the public sewer system if capacity were available. This
lot is within 200 feet of a sanitary sewer system and would not qualify for sep-
tic service. Approval of Item 8 on this agenda allowed for modification of the
sewer allocation plan and additional units of sewer capacity to the existing
single family lot category. Once the sewer allocation plan is modified, capa-
city needed for this lot may be allocated. Staff recommends denial of appli-
cant's request for an interim septic system.
Speaking in favor of staff recommendation:
Gary Nogle, 2398 San Diego Avenue, San Diego.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
staff recommendation. Motion carried 4-0 with Councilmember McIntyre abstaining.
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Page 6 - CITY OF POWAY - December 11, 1990
ITEM 10
SIDEWALK ON EAST SIDE OF RIPARIAN ROAD
Staff report by City Manager Bowersox. At the November 13, 1990 Council
meeting, Rebecca Gremore presented a petition from residents on Riparian Road
opposing installation of a sidewalk and elimination of parking restrictions on
Riparian Road north of Titan Way. Staff has prepared a response indicating that
the school district has rejected taking action to fund the temporary all-weather
walkway to accommodate pedestrians adjacent to Poway High School property.
Staff recommends this report be received and filed.
Speaking in opposition to staff recommendation:
Jim Keeley, 15815 Riparian Road
Council concurred to receive and file report.
ITEM 11
BUILDOUT OF RANCHO ARBOLITOS
Staff report by City Manager Bowersox. At the November 13, 1990 Council
meeting, Larry Cruse asked about the total number of lots approved as part of
the Rancho Arbolitos Planned Community. Specifically, if the four lots adjacent
to Vaughn Road and Shallman Street were a part of the total. Staff has prepared
a response indicating that these lots were approved as part of the Rancho
Arbolitos Planned Community. Staff recommends this report be received and
filed.
Speaking in opposition to staff recommendation:
Larry Cruse, 13734 Utopia Road, asked about the total number of
approved by the County prior to the City's incorporation.
lots
City Manager Bowersox stated that the total number of lots approved was 975.
Council concurred to receive and file report.
ITEM 12
ISSUANCE OF SPECIAL TAX BONDS WITHIN
COMMUNITY FACILITIES DISTRICT 88-1
City Manager Bowersox stated that staff recom,m,mends continuing this item to
December 18, 199D in order to provide sufficient time for preparation of the
documents.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to continue
this item to December 18, 1990. Motion carried 4-0, with Councilmember McIntyre
abstaining.
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Page 7 - CITY OF POWAY - December 11, 1990
ITEM 12.1
LIBRARY ADVISORY COMMITTEE CHARTER
Staff report by City Manager Bowersox. On September 11, 1990, the Council
approved the charter for a Library Advisory Committee consisting of seven mem-
bers. The committee members were appointed in October and their first meeting
was held on November 7, 1990. The committee has discussed the various tasks to
be addressed through the use of subcommittees and requests that the charter be
amended to increase membership from seven to nine members. The committee is
also requesting confirmation of Chris Ferguson as Chairman. Staff recommends
approval.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
staff recommendation. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26. Councilmember Snesko stated that the owner of 54 acres of land in the Garden
Road area has offered to exchange this property to be used as a park/sports
complex for 12 acres of City-owned land in the Pomerado Business Park.
Councilmember Snesko indicated that he had received support from 66 resi-
dents in the Garden Road area and requested staff report back.
Randy Wllkins, 14617 Acton Court, representing Garden Road Home Owners
Association, requested that the HOA be involved during any preliminary
discussions.
City Manager Bowersox stated that the Parks and Recreation Committee will
be reporting the results of the inventory of available land within the City
for use as park sites at the January 29, 1991 meeting. Following the report
to Council, the Committee can then schedule a workshop with the residents of
the Garden Road area to discuss feasibility.
27. A&C
Mayor Goldsmith stated that the appointments to the Landscape
Maintenance District Advisory Committee and Swim Center Task Force will
be continued to December 18, 1990.
Mayor Goldsmith made the following Councilmember appointments: Poway
Royal Mobile Estates Subcommittee, Emery and Snesko; PUSD Committee,
Emery and Goldsmith; Palomar College Committee, Higginson and
Goldsmith.
ADOOURNNENT
Upon motion by Councilmember Emery, seconded by Councilmember Higginson, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 8:39 p.m.
Marjorie~K. sten, City Clerk
City or. way
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