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CC 1990 12-18 CITY OF WY, CALZI~HIA NIHUTE$ OF THE CITY COUI~II. REGULAR NEETIHG DECENBER 1B~ 1990 The December 18, 1990, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. I."OtJI~IUtEIER$ PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF NEI4BERS PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Yolanda Collins Patrick Foley 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 Assistant Director of Planning Services Sheriff's Lieutenant Principal Management Analyst Management Analyst Management Assistant PLEOGE OF ALLEGIAI~E Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL CONNUNZCATION~ Mayor Goldsmith explained the procedure for Public Oral Communications. Betty Rexford, 11570 Creek Road, expressed concern regarding the grading American Newland is doing in South Poway and stated she believes it to be in violation of General Plan requirements. Staff will report back on January 8, 1991. CONSENT CALENDAR Mayor Goldsmith noted that Item 31 is to be approved subject to approval of the wording by the City Attorney. Motion by Councilmember Emery, seconded by Councilmember Snesko, to adopt the Consent Calendar as follows: 4007 Page 2 - CITY OF POWAY - December 18, 1990 21. Approval of Minutes - City Council: November 13, 1990, Regular Meeting November 20, 1990, Regular Meeting 23. Ratification of Warrant Register - November 29, 1990 24. Approval of City's Investment Report - November 30, 1990 25. Approval of annual review for Development Agreement with Parkway Business Centre Partners. 26. Approval of annual review for Development Agreement with CF Poway, Ltd. 27. Adoption of Resolution No. 90-222 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a Traffic Signal at the Intersection of Pomerado Road and Oak Knoll Road in the City of Poway." 28. Adoption of Resolution No. 90-223 entitled "A Resolution of the City Council of the City of Poway, California, Establishing a No Parking Zone on Portions of the Community Park Entrance." 29. Authorization to post Local Appointments List {Maddy Act). 30. Approval of policy regarding the Twin Peaks Multipurpose Center to restrict the use to Poway residents only for open play basketball on Saturday even- ings during the months of January, February and March. 31. Approval of Facilities Use Agreement between the City of Poway and the Poway Valley Senior Citizens, Inc., for the use of the Wiengart Center Building at the Poway Co,mm,unity Park; and authorization for the Mayor to execute the agreement. 32.1 Approval of agreement with San Diego County Water Authority for delivery of treated water; and authorization for the City Manager to execute the agreement. 32.2 Appropriation of $50 for a U.S. Savings Bond for the first baby born to Poway resident at Pomerado Hospital in 1991. Motion carried unanimously. ITEM 4 DEVELOPMENT REVIEW 90-16 APPLICANT: CHRISTIAN LIFE FELLOWSHIP Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The applicants for this development review to build a sanctuary adjacent to existing fellowship hall at 13710 Midland Road have requested a continuance to January 22, 1991. Staff recommends approval of the continuance. 4OO8 Page 3 - CITY OF POWAY - December 18, 1990 Thomas Judd, 13528 Apache Road stated that Adele Terrill, 13535 Apache Road had not received notice of the hearing, and expressed concerns regarding traffic and noise. Staff gave him a copy of the staff report to review prior to the January 22, 1991 meeting. Motion by Councllmember Emery, seconded by Councilmember Higginson to continue consideration of Development Review 90-16 to January 22, 1991. Motion carried unanimously. ITEMS 20 AND 20.1 Mayor Goldsmith stated these items will be taken out of order since the finan- cial consultant, a new father, is present and this will allow him to return to Los Angeles. ITEM 20 PURCHASE OF POWAY ROYAL MOBILE ESTATES Staff report by City Manager Bowersox. This item was noticed to include a reim- bursement agreement. In fact, a reimbursement agreement will not be necessary and low and moderate income funding will not be involved in the park purchase. Staff recommends adoption of a resolution approving the documents necessary for preparation, sale and delivery of the Certificates of Participation for the financing of the acquisition of Poway Royal Mobile Estates. Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt Resolution No. 90-224, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Preparation and Sale of Not to Exceed $30,000,000 Principal Amount of Certificates of Participation and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith." Motion carried unanimously. ITEM 20.1 COMMUNITY FACILITIES DISTRICT 88-1 BONDS Staff report by City Manager Bowersox. This is a request to issue the second series of bonds for Community Facilities District 88-1, Parkway Business Centre. A total of $45 million in bonds was approved in 1988, and an initial issue of $30 million was sold. The second issue is proposed to be $8,000,000 and staff recommends adoption of the resolution authorizing bond issuance. Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt Resolution No. 90-225, entitled, "A Resolution of the City Council of the City of Poway Acting as the Legislative Body of Community Facilities District No. 88-1 of the City of Poway {Parkway Business Centre} Authorizing the Issuance of its Series 1990 Special Tax 1990 Bonds in a Principal Amount Not to Exceed Eight Million Dollars {$8,000,0D0.00), and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith." Motion carried unanimously. 4O09 Page 4 - CITY OF POWAY - December 18, 1990 ITEM 5 CONDITIONAL USE PERMIT 90-12 APPLICANT: CITY OF POWAY - HILLEARY PARK Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. He gave the history of this property and the development attempts by Harry Su,mi~er and credited former Councilmember Tarzy with persuading the Sufm~ers Company to donate this property to the city for a neighborhood park. The proposal before the Council is for a 9.4 acre park in the Rattlesnake Creek floodplain west of Community Road, northwest of the terminus of Hilleary Place. The facilities include one baseball diamond, one soccer field, tot lot, restrooms, parking lot, tennis courts and basketball court. In addition, staff will be proposing construction of two traffic signals, one at Hilleary and one at Olive Grove, with a pedestrian bridge across Rattlesnake Creek to the east and connection with Scots Way. Speaking in opposition to staff recommendation: Donald Nunn, 13426 Co,,,unity Road, spoke regarding possible noise impacts from the tot lot which is at the south end of the park and next to his law office. Howard Weinberg, 13719 McKenzie Avenue Joseph Sinacore, 13652 Mulberry Tree Court Laura Hunter, 13359 Olive Grove Robert Milulka, 13432 Ketron Avenue Charles Carnegie, 13710 McKenzie Speakers expressed concern regarding traffic control and need for sensitivity to wildlife habitat. Following Council discussion, motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public hearing and issue a Negative Declaration with mitigation measures and adopt Planning Resolution No. P-90-94 with direction to staff to review the project for noise impacts. Motion carried unanimously. ITEM 6 CONDITIONAL USE PERMIT 88-02R{II) APPLICANT: D'AGOSTA DEVELOPMENT Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to modify a previously approved conditional use permit by locating an additional auto repair facility in a building which was originally approved for retail uses at 13508 Pomerado Road. Staff recommends approval. There was no present wishing to speak. 4010 Page 5 - CITY OF POWAY - December 18, 1990 Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-90-95, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 88-02R(II), Assessor's Parcel Number 317-021-05, 27." Motion carried unanimously. ITEM 7 VARIANCE 90-11 APPLICANT: SUNLAND HOUSING GROUP Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance for an existing retaining wall and wood fence with a combined height of nine feet where six feet is the maximum permitted at 13510 Spruce Lane between two single family homes in the Sycamore Creek subdivision. Staff recommends approval. There was no one present wishing to speak. Motlon by Councilmember H1gglnson, seconded by Councilmember Emery to close the publlc hearing and adopt Planning Resolution No. P-90-96 entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 90-11, Assessor's Parcel Number 323-451-51." Motion carried unanimously. ITEM 8 TENTATIVE PARCEL MAP 90-07 APPLICANT: SCIACCA DEVELOPMENT COMPANY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide Lot 45 in Pomerado Business Park into two parcels. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to close the public hearing; find that the previously adopted Environmental Impact Report is adequate; and adopt Planning Resolution No. P-90-97, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 90-07, Assessor's Parcel Number 317-223-10." Motion carried unanimously. ITEM g SENIOR DAY POLICY AT LAKE POWAY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Staff is recommending that a senior day policy on Thursdays be imple- mented at Lake Poway. It would provide for a reduced senior nonresident parking fee and reduced fishing permit fee and boat rental fee for all seniors on Thursdays. 4011 Page 6 - CITY OF POWAY - December 18, 1990 There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 90-226, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a Senior Day Parking, Fishing, and Boat Rental Fee at Lake Poway, and Rescinding Resolution Numbers 88-006 and 88-067." Motion carried unanimously. ITEM 10 SOLID WASTE COLLECTION PERMIT FEE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Ordinance No. 121, adopted in October, 1984, regulates garbage and refuse collection throughout the City and permits adoption of permit fees. These fees have not been modified since 1984, and staff recommends adoption of a Resolution increasing the fees, in part to cover requirements set by AB 939. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Resolution No. 90-227, entitled, "A Resolution of the City Council of the City of Poway, California Modifying the Permit Fees for the Collection of Solid Wastes and Rescinding Resolution No. 84-106." Motion carried unanimously. ITEM 11 ORDINANCE NO. 332 - FIRST READING TWIN PEAKS ROAD SPEED LIMITS Mayor Goldsmith opened the public hearing, and read the title of Ordinance No. 332, "An Ordinance of the City of Poway, California, Deleting Section 10.32.020{D) and Adding Section 10.32.230{D) to the Poway Municipal Code Establishing Speed Limits on Twin Peaks Road Between COmmmmlunlty Road and Espola Road." Staff report by City Manager Bowersox. This is a recommendation from the Traffic Safety Committee to increase the speed limit on Twin Peaks Road between Community and Espola Roads to 45 mph as a result of an updated speed survey. This will match the existing speed west of Community Road. Additionally, Councilmember McIntyre has requested staff look at additional signing notifying motorists that schoolchildren are present. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to hold the first reading of Ordinance No. 332, and continue the public hearing to January 8, 1991 for second reading and adoption. Motion carried unanimously. 4012 Page 7 - CITY OF POWAY - December 18, 1990 ITEM 12 REQUEST FOR REHEARING TENTATIVE TRACT MAP 89-O9/WILLIAMS RANCH Councilmember McIntyre stated she would abstain from voting since she was not on the Council when the project was originally considered. Staff report by City Manager Bowersox. Tentative Tract Map 89-09 was approved by the City Council on November 20, 1990, and a request for rehearing was filed by neighbors on Del Poniente. They do not want construction traffic accessing the project on their road, but prefer it come from the west off Monte Vista. Staff recommends denial of the rehearing request since there is no new and different evidence than what was available at the original hearing. City Manager Bowersox also noted that this project is "in limbo" until the Council has acted on this request for rehearing and Mr. Williams cannot proceed as if he had an approved project. Speaking in opposition to staff recommendation: Eileen Seminsky, 14922 Derringer Road Jim Aley, 13602 Del Poniente Road Philip Butzen, 12630 Monte Vista Road Eugene Geritz, 1111 Fort Stockton, San Diego, Mr. William's planner, suggested that since the original resolution of approval does not address construction traffic this matter could be worked out with staff. Mr. Williams is agreeable to either access. Motion by Councllmember Emery, seconded by Councilmember Higginson to deny the request for rehearing and allow construction traffic to access in the manner approved by staff. If access is to be from the west, the applicant will process a grading permit and do any required environmental review. Motion carried 4-0 with Councilmember McIntyre abstaining. ITEM 13 DEVELOPMENT REVIEW 90-08 APPLICANT: DALEY INDUSTRIAL VENTURES, INC. Staff report by City Manager Bowersox. This is a request to construct a 112,000 square foot industrial building in Parkway Business Center which will be occupied by Premier Window Products. Staff recommends approval. Motion by Councilmember Hlgginson, seconded by Councllmember Emery to adopt Planning Resolution No. P-90-98, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 90-08, Assessor's Parcel Number 317-280-19, 20." Motion carried unanimously. 4013 Page 8 - CITY OF POWAY - December 18, 1990 ITEM 14 TRAFFIC CIRCULATION BETWEEN DEL PONIENTE AND TWIN PEAKS ROADS Staff report by City Manager Bowersox. On January 30, 1990, staff presented a draft environmental impact report for the Midland Road extension and sewer line to the City Council. Due to residents' concerns, the City Council removed the item from calendar and over the past 11 months, staff has met with residents, Council held a Saturday workshop to walk the area, and several alternatives for traffic circulation in the entire area were studied. Staff is now recommending that Midland Road not be extended, however, that the existing right of way be preserved; that the sewer line extension, including a 10 foot pedestrian/equestrian path be constructed; and that staff work with residents of Derringer and Durhullen to explore installation of road bumps on an experimental basis. Speaking in opposition to staff recommendation: Eileen Seminsky, 14922 Derringer Road Gary Schultz, 1404D Del Poniente Road Dale Hill, 14129 Durhullen Drive Jim McConahay, 14120 Durhullen Drive Matt Sokach, 14934 Budwin Lane Pamela Skeen, 15034 Hat Creek Road Speakers requested that Midland Road be constructed from Twin Peaks to Del Poniente to improve traffic circulation in the area. Speaking in favor of staff recommendation: Don Heafy, 14938 Budwin Lane Neal Farinholt, 13633 Del Poniente Road Charles Haman, 13711 Del Poniente Road Speakers requested that this segment of Midland Road be removed from the Circulation Element. Council discussion included the fact that the traffic numbers do not warrant extending Midland Road; the sewer extension is still needed; Huntington Gate should remain closed; right of way should be retained at least until the sewer is constructed; and Midland Road can be removed from the circulation element as part of the General Plan update. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve staff recommendation, amended to remove Midland Road from the Circulation Element as part of the General Plan update and retaining the right-of-way until the sewer construction is completed with a final decision regarding right-of-way to be retained to be made at that time. Motion carried unanimously. 4014 Page 9 - CITY OF POWAY - December 18, 1990 ITEM 15 HIGH VALLEY ROAD WIDENING Staff report by City Manager Bowersox. Since the September 13, 1990 workshop with the High Valley Association representatives, staff has met with County staff that administers County Service Area #5 regarding funding that could be available for design work on the widening project. Staff recommends continuing to work with High Valley Association to develop funding. Speaking in favor of staff recommendation: Bud Barber, 15100 Vali Hal Road Council concurred to receive and file this report and direct staff to continue working with the High Valley Association. ITEM 16 SPECIFIC PLAN AMENDMENT 84-01I SOUTH POWAY RECREATIONAL USES Staff report by City Manager Bowersox. This is a request to initiate a Specific Plan Amendment to allow the consideration of indoor batting cages by conditional use permit in the Pomerado Business Park's Light Industrial land use designa- tion. There are currently two requests for such uses and staff feels that the private use proposed could be permitted, while the public one should not. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Planning Resolution No. P-go-gg, entitled, "A Resolution of Intent of the City Council of the City of Poway, California Regarding the Initiation of the Preparation of an Amendment to the South Poway Specific Plan {SPA 84-01I)." Motion carried unanimously. ITEM 17 SAGESCRUB AND GNATCATCHER WORKSHOP Staff report by Director of Planning Services Wright-Quastler. At the November 20, 1990 meeting, Council requested a workshop to learn more about the coastal sage scrub habitat and the California black-tailed gnatcatcher. Dr. Patrick Mock of ERCE is currently under contract with the City to conduct the gnat- catcher study and would be willing to conduct such a workshop. Following discussion, Council concurred to have a Saturday workshop "in the field." ITEM 18 AGREEMENT WITH CF POWAY Staff report by City Manager Bowersox. CF Poway, the developers of the Pomerado Business Park have agreed to install a reclaimed water distribution main within their industrial park development subject to the reimbursement of costs. Staff recommends approval of the agreement. 4015 Page 10 -C[TY OF PONAY - December 18, 1990 Notion by Counci]member Emery, seconded by Councllmember Higginson, to approve the agreement with CF Poway to provide for the construction of a reclaimed water distributlon main and appropriate $644,981 from the Sewer Fund to the Redevelopment Agency to repay the loan that wi]] be created between the City and the Agency when CF Poway is relmbursed. Notion carried unanimous]y. ITEM 19 AGENDA MATERIAL POLICY Staff report by City Manager Bowersox. Because of the difficulty for the City Council to review all the additional material that has been presented to them at the meeting, staff is recommending a policy for staff and applicants that sets a deadline of 5:00 p.m. on Friday prior to the Council meeting for submission of material. Council discussion included the need to be consistent, and desire to review the policy in several months to determine its effectiveness. Motion by Councilmember Emery, seconded by Councilmember Higginson to set a deadline of 5:00 p.m. on Friday as the deadline for material to be received in the City Clerk's office from staff or the applicant for the following Tuesday meeting. Motion carried unanimously. ITEM 20.2 RENT SUBSIDY PROGRAM POWAY ROYAL MOBILE ESTATES Staff report by City Manager Bowersox. At the November 8, 1990 Council meeting, staff was directed to prepare a report concerning a rental assistance program for the Poway Royal Mobilehome Estates which is being purchased by the Redevelopment Agency. At that meeting, rents were set for 1991. The reductions granted by the current management to a small number of residents was assumed in the new rates. However, the income survey of residents shows there are many others that need assistance. Staff reco~rnends $35,000 be set aside for fifty or more grants of up to $60 per month. These funds would come from the low income housing fund. Speaking in opposition to staff recommendation: Catherine Rodman, Legal Aid Society, 216 S. Tremont St., Oceanside Ms. Rodman stated the low income housing funds could not be used for this program. Speaking in favor of staff recommendation: Bill Ghiselin, 13046 Bonita Vista David Rinaldo, 13035 Corona Way 4016 Page 11 - CITY OF POWAY - December 18, 1990 In response to Council query, City Attorney Eckis stated he is not uncomfortable with the expenditure of $35,000 of low income funds in this manner and reiterated that none of those funds will be used in the purchase of the park. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt staff recommendation, unless and until instructed by the City Attorney to not use low income housing funds in this manner. Motion carried unanimously. Councilmember Snesko suggested the community at large may be willing and able to offer assistance also. ITEM 33 CITY MANAGER ITEMS A. City Manager Bowersox requested a closed session to discuss performance only of public employee, not compensation as stated on the agenda. B. City Manager Bowersox stated we are close to the acquisition of Goodan Ranch jointly with the City of Santee and County of San Diego. ITEM 34 CITY ATTORNEY ITEMS City Attorney Eckis requested the City Council make the necessary findings that the necessity to act has arisen within the last 72 hours and add an item to the agenda to approve a modified Memorandum of Understanding with the City of San Diego regarding acquisition of right-of-way and construction of a portion of South Poway Parkway. Motion by Councllmember Higglnson, seconded by Councilmember Emery to make the required findings and add the item to this agenda. Motion carried unanimously. Motion by Councllmember Emery, seconded by Councllmember Higginson to approve the modified Memorandum of Understanding as presented by the City Attorney. Motion carried unanimously. ITEM 38 MAYOR INITIATED ITEMS Ae Mayor Goldsmith announced the following appointments to the Landscape Maintenance District Advisory Committee: Gordon Meyer, Chairman (86-1); Jim Francis (86-2); Joyce Eiswald, Vice Chairman (83-1); Jim Keeley (86-1); Darwin Drake (83-1); Kay Cannon (86-3); and Linda Richardson (87-1). Mayor Goldsmith announced the following appointments to the Swim Center Task Force: James Boudreau and William Scandalis representing the swim clubs; Marilyn Charron, Mary Cross and Joy Fodor. The Parks and Recreation Committee representatives are Alan Sugarman and Dennis Marx. 4017 Page 12 - CITY OF POWAY - December 18, 1990 Bo Co Do Eo Fo Go Mayor Goldsmith stated it is advantageous to the City to have a non-staff member as the representative to the San Diego County Water Authority and proposed that former Councilmember Linda Brannon be so designated. Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt Resolution No. 99-228 entitled, "A Resolution of the City Council of the City of Poway, California, Appointing Linda Brannon as its Representative to the Board of Directors of San Diego County Water Authority and Rescinding Resolution No. 307." Motion carried unanimously. Mrs. Brannon addressed the Council and thanked them for the appointment. She will report at least quarterly to the Council. Mayor Goldsmith stated that SANDAG has a slide show on the regional growth management plan and suggested that the City Council review it. He also reported that the Regional Transportation Plan was approved by the SANDAG Board. Mayor Goldsmith stated that there have been two meetings of the Mid-County Association of Communities, comprised of the Community Planning Chairs of Scripps, Rancho Bernardo, Rancho Penasquitos, Ramona and himself. He requested Council approval for some limited staff assistance to prepare agendas and minutes. Council concurred. Mayor Goldsmith announced the following Councilmember appointments: Kathy McIntyre, SANDAG alternate; Bob Emery, San Dieguito Regional Open Space Park Joint Powers Authority alternate; Tony Snesko, Alcohol & Drug Abuse Task Force (ADAPT); Mayor Goldsmith, LAFCO's Cities Advisory Committee, and Southern California Joint Powers Insurance Authority. Mayor Goldsmith requested and received Council concurrence for staff to report on the cost and feasibility of having Cable Television coverage of Council meetings. Mayor Goldsmith requested a workshop in January to review the Clean Water Program Special District Legislation. CLOSED SESSION Mayor Goldsmith called for a closed session at 11:00 p.m. as requested by the City Manager to discuss performance of a public employee pursuant to Government Code Section 54957. 4018 Page 13 - CITY OF POWAY - December 18, 1990 CALL TO ORDER AgO AD~)OURHNEKI* Mayor Goldsmith called the meeting back to order at 11:35 p.m., with all Councilmembers present; announced that no action had been taken in closed session. Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 11:36 p.m. Marj'ori~ K~ Wahlsten, City Clerk City of~.~ay 4019