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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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