Loading...
CC 1991 01-29 CZTY OF I)(~dAY, CALZFQP..HZA NZHUTES OF THE CZTY COUNC:ZL REGULAR NEETZHG ~AHUARY 29, 1991 The January 29, 1991, 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. COUItC~LNENBER$ PRESEHT AT POLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF NE'NBERS PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Steve Streeter Yolanda Collins Michael Putnam Gary Hoyt Patrick Foley 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 Assistant Director of Planning Services Sheriff's Lieutenant Performing Arts Manager Landscape Architect Principal Management Analyst Management Assistant PLEDGE OF ALLEGIAI~E Deputy Mayor Emery led the Pledge of Allegiance. PRESEHTATIC)H 1. City Manager Bowersox stated that the presentation by San Diego Gas & Electric has been continued to a date uncertain. ® Mayor Goldsmith presented a proclamation to Jack Mitchell, Sue Herndon, and Bob Imler supporting the Rally to Support our Troops on February 2, 1991 at the Poway Community Center. They presented T-shirts to the Councitmembers. ® Mayor Goldsmith presented a "Spirit of Enterprise" Certificate of Commendation to Dr. Alex Kodiath and Mary Kodiath for their work in India. Following Dr. Kodiath's con~ents, Mayor Goldsmith requested staff investi- gate the Sister City program. 4048 Page 2 - CITY OF POWAY - January 29, 1991 PUBLIC ORAL COI~NICATIOI~ Mayor Goldsmith explained the procedure for Public Oral Communications. 1. Stephanie Starks, 15005 Vali Hal Road, spoke regarding the need for housing for low income resident/i~m)igrants. CONSENT CALENDAR Motion by Councllmember Emery, seconded by Councilmember McIntyre, to adopt the Consent Calendar as follows: 13. Ratification of Warrant Register for January 11, 1991. 14. Approval of City's Investment Report for December 31, 1990. 15. Adoption of Resolution No. 91-010, entitled, "A Resolution of Intent of the City Council of the City of Poway, California, Regarding the Initiation of the Preparation of Amendments to the South Poway Specific Plan {SPA 84-01J & K)." 16. Approval of a manufactured slope greater than thirty feet in height, Judy Solansky, applicant; located at 17058 Iron Mountain Drive {Minor Development Review 90-60). 17. Approval of an amendment to the charter for the Performing Arts Advisory Committee providing for two additional members. 18. Acceptance of the supply and installation of street signs from Orange County Striping Service; authorization for the City Clerk to record a Notice of Completion; and authorization for the payment of $1,940 retention if unen- cumbered 40 days after filing the Notice of Completion. 19. Approval of reduction of securities for road improvements, Lakeview Developers, Inc., located west of Lake Poway Road. 20. Approval of reduction of securities for Sycamore Springs subdivision, Tentative Tract Map 88-D3, Woodcrest Development, applicant; located north of Poway Road, west of Pomerado Road. 21. Acceptance of public improvements for Camino del Norte street and sewer improvements and Crossrock sewer metering station, Camel Mountain Ranch, applicant; located adjacent to and east of the San Diego city limit west of Pomerado Road; and authorization to release certain securities. Motion carried unanimously. 4049 Page 3 - CITY OF POWAY - January 29, 1991 ITEM 5 ORDINANCE NO. 334 - SECOND READING ADMINISTRATIVE APPEALS Mayor Goldsmith read the title of Ordinance No. 334, "An Ordinance of the City of Poway, California, Amending Chapter 2.20 of the Poway Municipal Code Regarding Administrative Appeals and Rescinding Certain Sections Pertaining to Appeals." Staff report by City Manager Bowersox. This is second reading of this ordinance which consolidates sections of the Municipal Code pertaining to appeals of staff decisions into a uniform appeal process. Staff recommends adoption. Motion by Councllmember Emery, seconded by Councilmember Higginson to close the public hearing, waive further reading and adopt Ordinance No. 334. Motion carried unanimously on a roll call vote. ITEM 6 CONDITIONAL USE PERMIT 90-18 APPLICANT: DUANE PUDGIL/RANCHO TOWING Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a vehicle storage yard to be located south of Poway Road on the west side of Quate Court. This site is adjacent to Rattle- snake Creek and is a relocation of the current storage yard at 12502 Poway Road. Staff recommends approval. Speaking in opposition to staff recommendation: Larry Cruse, 13734 Utopia Road. In response to Mr. Cruse's comments, staff clarified that this is not a junk yard and the site is currently fenced and will not be enlarged. Speaking in favor of staff recommendation: Virgil Opfer, 12205 Oak Knoll Road Duane Pudgil, 378 San Miguel Drive, Chula Vista. Mr. Pudgil stated he will install a wooden fence on the northern property line. Council discussion included the need to have a monitoring program of discharges into the creek and a fence maintenance requirement. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-91-08, as amended to require fencing on the north side, fence maintenance, and a monitoring program for the creek. Motion carried unanimously. 4O5O Page 4 - CITY OF POWAY - January 29, 1991 ITEM 7 ESPOLA ROAD TRUCK ROUTE Staff report by City Manager Bowersox. The elimination of Espola Road as a truck route is scheduled for the first meeting of the Transportation Advisory Committee on February 13 and staff recommends that the Council postpone action on this item until the TAC has reviewed it. Council discussion included the observation that there have been changes in on- ground conditions since the consultant prepared his report on this issue for the Transportation Task Force, including the widening of Twin Peaks Road and installation of left-turn lane on Twin Peaks west bound at Pomerado; SR 56 completion will not have a significant impact on truck traffic going north on 1-15; there is more traffic on Twin Peaks than Espola at the current time. Motion by Councilmember McIntyre, seconded by Councilmember Emery, to adopt staff's recommendation with direction to the Transportation Advisory Committee to recognize the points raised by Council as they begin their study in order to shorten the time to making a decision. Motion carried unanimously. ITEM 8 INVENTORY OF POTENTIAL PARK AND GOLF COURSE SITES Staff report by City Manager Bowersox. On June 28, 1990, the City Council met with the Parks & Recreation Committee and directed staff to prepare a land inventory of potential park and golf course sites. At the December 11, 1990, meeting, Councilmember Snesko requested the City Council consider the feasibi- lity of exchanging property owned by Alan Kuebler on the south side of Garden Road for the 10 acres owned by the city in the Pomerado Business Park in order to build a sports complex in the Garden Road area. Staff has recently learned that Mr. Kuebler is not willing to sell his property. Staff and the Parks & Recreation Committee has reviewed 12 sites and recommends further evaluation of 4 sites: Rheinhart/Hsiu property on Pomerado Road; South Poway at Stowe and Community Road; Beeler Canyon and Sycamore Canyon. Speaking in favor of staff recommendation: Alan Sugaman, 13385 Fallen Leaf Road, Chairman of Parks & Recreation Committee Randy Wilkins, 14617 Acton Court, President of the Garden Road Association Warren Hess, 13561 Orchard Gate Road, Citizens Golf Committee Council discussion included possibility of exchanging property owned by Charles MacLauchlan in South Poway for the existing city-owned site in the business park; need to define youth activities, as envisioned in the 1988 citizen survey where 60% of the respondents citing a need for youth activities; desirability of sites for commercial recreation; possibility of acquiring additional lots 4051 Page 5 - CITY OF POWAY - January 29, 1991 adjacent to the existing 10 acre site in the business park; feasibility of having transit center, child care facility and sports complex sharing parking on South Poway site; and potential of constructing a practice field on the city- owned floodplain property on the east side of Pomerado Road, south of the the Target Center. Motion by Councllmember Emery, seconded by Councilmember Higginson to adopt staff recommendation including direction to prepare a conceptual plan for South Poway site including transit center, sports complex and child care facility; do more study on the County owned dump site on Poway Road; and look at the poten- tial of the MacLauchlan property. Motion carried unanimously. ITEM 9 ACQUISITION OF PROPERTY - MIDLAND ROAD OWNER: GAMMA 77, LTD. Staff report by City Manager Bowersox. As part of the plan to redevelop the Old Poway section of Midland Road, staff recommends acquisition of three parcels on the northeast corner of Adrian Street and Midland Road from Gamma 77, Ltd. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution No. 91-011, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Acquisition of Three Parcels is of Benefit to the Paguay Redevelopment Project and the Immediate Neighborhood in which the Project is Located and Determining that there are no Other Reasonable Means of Financing Said Public Improvements." Motion carried unanimously. ITEM 10 POWAY CENTER FOR THE PERFORMING ARTS USE POLICY Staff report by City Manager Bowersox. The proposed mission statement and use policy represents many hours of work by the City Attorney and Foundation for Performing Arts. However, there are many issues to discuss on this item and staff recommends continuance to the workshop of February 14, 1991. Ray Whitehead, 14518 Indian Springs Road and Pamela Ludwig, 16153 Del Norte, addressed the Council regarding their concerns since they are not able to be present on February 14. Mr. Whitehead urged that rock concerts not be allowed and discussed art vs antiart. Mrs. Ludwig requested a provision be made for educational programs by religious organizations. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue this item to February 14, 1991. Motion carried unanimously. 4052 Page 6 - CITY OF POWAY - January 29, 1991 ITEM 11 MIDLAND/SOMERSET DRAINAGE IMPROVEMENTS Staff report by City Manager Bowersox. Staff recommends that the scope of work for drainage system improvements on Midland Road be expanded to include installation of a storm drain pipe and overlay on Somerset Road, at an estimated cost of $327,000. Speaking in favor of staff recommendation: Darwin Drake, 13309 Twin Circle Court Jack Mitchell, 13894 Putney Road Rita Ray, 13720 Somerset Road Motion by Councilmember Emery, seconded by Councllmember Higginson to approve the expanded limit of work; appropriate $327,000 from Drainage Fund as a loan to Redevelopment Agency for design and construction of the additional work; and adopt Resolution No. 90-012, entitled, "A Resolution of the City Council of the City of Poway, California, Determining Certain Public Improvements to be of Benefit to the Paguay Redevelopment Project." Motion carried unanimously. RECE,~ AND CALL TO (~RDER Mayor Goldsmith recessed the meeting at g:o0 p.m., and called it back to order at 9:10 p.m., with all Councilmembers present. ITEM 12 COMMUNITY FACILITIES DISTRICT NO. ACQUISITION AGREEMENT AMENDMENT Staff report by City Manager Bowersox. Staff reco, m,ends approval of amended agreement with C.F. Poway which allows reimbursement from Community Facilities District funds for improvements to the reclaimed water system and intersection of Pomerado Road and South Poway Parkway. Motion by Councllmember Higglnson, seconded by Councilmember Emery to approve the amendment to the First Amended and Restated Acquisition Agreement for the South Poway Community Facilities District No. 1, and appropriate $4,914,849 from the South Poway Community Facilities District No. 1 Acquisition Fund. Motion carried unanimously. ITEM 12.1 COMMUNITY SWIM CENTER TASK FORCE CHAIRPERSON Staff report by City Manager Bowersox. The City Council approved a work plan and composition of a Community Swim Center Task Force on December 4, 1990. It was not specified how a chairperson was to be selected and the Task Force is requesting that they be allowed to choose their own chair. Staff recommends approval. 4053 Page 7 - CITY OF POWAY - January 29, 1991 Motion by Councilmember Emery, seconded by Councilmember Higginson to direct the Swim Center Task Force to appoint a chair by majority vote of those present at the next meeting. Motion carried unanimously. ITEM 12.2 REQUEST FOR REHEARING OWNER: VARIANCE 90-12/LEROY MARTIN Staff report by City Manager Bowersox. A request for rehearing of Variance 90-12, allowing a tennis court to encroach into a front yard setback at 13959 Arbolitos Drive, was received from Karen VanHensbergen. Staff recommends denial since there is no new and different evidence than what was considered at the hearing. Speaking in opposition to staff recommendation: Bill Butler, 13952 Arbolitos Drive Karen VanHensbergen, 13956 Arbolitos Drive Larry Cruse, 13734 Utopia Road Following discussion, Council concurred that they would like to rehear the conditions of landscaping and screening, however, City Attorney Eckis stated that a rehearing would be open for all aspects of the application. Motion by Councilmember Snesko, seconded by Councllmember Higginson to grant a rehearing for Variance 90-12. Motion carried unanimously. ITEM 22 CITY MANAGER ITEMS City Manager introduced Gary Hoyt, city's Landscape Architect, who was present. ITEM 23 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session regarding pending litigation, Poway vs. City of San Diego, pursuant to Government Code 54956.9(a). MAYOR AND CITY COUNCIL INITIATED ITEMS 24. A) Councilmember Emery stated he has received a request from April Thompson, sophmore at Poway High School, for funding assistance to take part in an Ambassadors of the Arts program in Russia. 4O54 Page 8 - CITY OF POWAY - January 29, 1991 Following discussion, motion by Councllmember Emery, seconded by Council- member Higginson, to grant $300 to April Thompson with the stipulation that she share her experiences with Poway Unified School District and the com- munity at large on her return; and directed staff to include a line item for such donations in the Council's budget for 1991-92 with criteria for expending the funds. Motion carried unanimously. B) Councilmember Emery stated he has received requests from the public regarding the format for the February 7, 1991 workshop regarding the CalMat Conditional Use Permit application. Council concurred that a 45 minute presentation from CalMat and from the public observers would be appropriate. 27. A) Councilmember Snesko stated that in the course of observing the site of the proposed tennis court in Item 12.2, he had discussed the trail that is planned to go from Pomerado Road area to Starridge area with the neighbors and requested Council reconsider installing this trail because of safety factors. Following discussion, Council concurred that the trail has been a long-standing commitment and all efforts will be made to ensure its safety, including signs indicating the trail is closed after dark. Speaking in favor of the trail was Larry Cruse, 13734 Utopia Road. B) Councllmember Snesko stated he would pull this item from the agenda. 28. A) Mayor Goldsmith announced Diane Ward and Trudy Karalekas as appoint- ments to the Peforming Arts Advisory Committee. B) Mayor Goldsmith stated he has been elected to serve on the Executive Committee of SANDAG and reviewed other agenda items from their last meeting. c) Mayor Goldsmith stated he had received a letter from State Senator Milton Marks regarding the upcoming 1991 redistricting and inviting input. Council concurred they had no input into this process and will leave it to the Senate. CLOSED SESSION Mayor Goldsmith called for a closed session at 10:17 p.m. litigation as requested by the City Attorney. to consider pending 4055 Page 9 - CITY OF POWAY - January 29, 1991 CALL TO ~RDER AgO ADOtXIRHNEHT Mayor Goldsmith called the meeting back to order at 10:45 p.m. and announced they had discussed pending litigation with the City Attorney and made no deci- sions in closed session. Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 10:00 a.m., Saturday, February 2, 1991. The time of adjournment was 10:45 p.m. Marjori~ ~ Wahlsten, City Clerk City or.ay 4056 NOTICE NOTICE IS HEREBY GIVEN THAT THE JANUARY 29, 1991, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF AI~)OURHNE#T Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 10:00 ~,m,, ~tturd~f, February Z, 1991 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:45 p.m. Marjorile i~. Wahlsten, City Clerk City of~.~way, California Dated: January 30, 1991 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on, or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approxima- tely 10:00 a.m. Dated at Poway, California, on January 30, 1991 · Wahlsten, City Clerk City f~oway, California