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CC 1991 05-14 CITY OF POWAY, CALIFt~,HZA NZHUTES OF THE CZTY ~"OUHCZL REGULAR NEETU~ NAY 14, 1991 The May 14, 1991, regular meeting of the City Council of the City of Poway was called to order at 7:03 p.m. by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCIL#ENBER$ AI~NERII~ ROLL C~,LL Bob Emery, Don Higginson, Tony Snesko, Jan Goldsmith COUNCIL#EtlBER$ ABSENT AT ROLL CALL Kathy McIntyre STAFF #ENBERS PRESENT James Bowersox Tamara Smith John Fitch Robert Thomas Alan Archibald Mark Sanchez Peggy Stewart Reba Wright-Quastler Mark Weston Steve Streeter Garry MacPherson Jim Bentz Patrick Foley Janis Acosta Nancy Neufeld City Manager Assistant 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 DART Program Manager/Battalion Chief Community Services Manager Principal Management Analyst Management Assistant Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Goldsmith accepted a facsimile check in the amount of $8,000 from Dr. Paul H. Coleman, Jr., president of the Poway Rotary Club, to fund the Lake Poway Summer Concert Series. Mayor Goldsmith presented a Resolution of Appreciation to Dr. Coleman, recognizing the Poway Rotary Club's contribution supporting the Lake Poway Summer Concert Series. PROCLAMATION Mayor Goldsmith presented a proclamation declaring May 12-18, 1991, as "Buddy Poppy Week" to Commander Fred Birdsell, of the Poway VFW Post. 4173 Page 2 - CITY OF POWAY - May 14, 1991 Mayor Goldsmith explained the procedure for Publlc Oral Communlcatlons, Bill Barnick, 14645 Sunrise Canyon Road, spoke regarding Pomerado Road clo- sure and Cox Cable signal quality. CONSENT CALENDAR Mayor Goldsmith stated that he had pulled Item 20 from the Consent Calendar. Motion by Councilmember Higginson, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council: April 18, 1991, Adjourned Regular Meeting April 23, 1991, Regular Meeting April 25, 1991, Adjourned Regular Meeting 12. Ratification of Warrant Register - April 25, 1991. 13. Acceptance of public improvements and release of securities for Tentative Parcel Map 82-07, Gem Court, Garden Road Associates, applicant; located north of Garden Road between Sycamore Road and Neddick Avenue. 14. Reduction of securities for First Church of Christ Scientist; 16315 Pomerado Road. 15. Approval of temporary sewer connection, Kenneth Taylor applicant; located at 12715 Beeler Creek Trail. 17. Acceptance of donation from Poway Rotary Club for Lake Poway Summer Concert Series; and direction for staff to establish appropriate revenue and expenditure accounts. 18. Adoption of Resolution No. P-91-28 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 91-14," for Poway Business Street Fair, sponsored by the Poway Chamber of Co~m~erce to be held on Midland Road May 26, 1991, from 11:00 a.m. to 5:00 p.m. 19. Award of bid for construction of Joshua Tree Court improvements to Sim J. Harris Company in the amount of $25,784.10; and approval of four neigh- borhood loan program lien agreements: Allen; Boone; Dewpeg; Singh. Motion carried 4-0, with Councilmember McIntyre absent. 4174 Page 3 - CITY OF POWAY - May 14, 1991 ITEM 6 A AND B ORDINANCE NO. 340 - SECOND READING DEVELOPMENT AGREEMENT AND AMENDMENT TO OWNER PARTICIPATION AGREEMENT MCMILLIN EQUITY PARTNERS II Mayor Goldsmith stated that this public hearing was continued from April 30, 1991. City Manager Bowersox stated that staff recon~ends approval of an amend- ment to the Owner Participation Agreement between the Redevelopment Agency and McMillin Equity Partners II. This amendment would provide for the City to construct South Poway Parkway within TTM 88-04R and be reimbursed by McMillin. A report on the acquisition and disposition of property owned by the Redevelopment Agency is also presented for approval. This is required to transfer a right-of-way remnant parcel from the Agency to McMillin. Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve the report on the acquisition and disposition of property owned by Redevelopment Agency, and adopt Resolution No. 91-045 entitled, "A Resolution of the City Council of the City of Poway, California, Approving a First Amendment to the Owner Participation Agreement by and between the Poway Redevelopment Agency and McMillin Equity Partners II, and the Disposition by the Redevelopment Agency of Real Property in the Paguay Redevelopment Project Area." Motion carried 4-0, with Councilmember McIntyre absent. Mayor Goldsmith read the title of Ordinance No. 340, "An Ordinance of the City of Poway, California, Approving a Development Agreement with McMillin Equity Partners II, Under Government Code Section 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 McMillin Equity Partners II for TTM 88-04R. There was no one present wishing to speak. Motion by Councllmember Higginson, seconded by Councilmember Snesko, the public hearing, waive further reading and adopt Ordinance No. 340. carried 4-0 on a roll call vote, with Councilmember McIntyre absent. to close Motion ITEM 7 CONDITIONAL USE PERMIT 91-04/DEVELOPMENT REVIEW 91-11 APPLICANT: CANINE COMPANIONS FOR INDEPENDENCE Mayor Goldsmith opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct a 8,620 training facility for service dogs to the han- dicapped at 12270 Oak Knoll Road. The facility includes a kennel, medical and grooming facilities, offices, interview and meeting rooms. Staff recommends approval. 4175 Page 4 - CITY OF POWAY - May 14, 1991 Speaking Walt in favor of staff recommendation: Conwell, 3160 Camtno Del Rio South, San Diego, and George Kuhrts, 6461 E1 Apajo Road, Rancho Santa Fe, representing Canine Companions for Independence, requested modification of the condition of approval requiring undergrounding of utilities. Following discussion, motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-91-29 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 91-04 and Development Review 91-11, Assessor's Parcel Number 317-151-61," as amended to defer the overhead utility pole undergrounding requirement for two years from the date of occupancy, and directed staff to report back on the criteria for granting undergrounding waivers and possible policy revisions regarding overhead utilities. Motion carried 4-0, with Councilmember McIntyre absent. ITEM 8 CONDITIONAL USE PERMIT 91-01 LAKE POWAY ARCHERY RANGE APPLICANT: CITY OF POWAY Mayor Goldsmith opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct an archery range on one acre of City-owned property located on the north side of Lake Poway Road across from the city water filtra- tion plant. The site is designated as an open space easement adjacent to the Bridlewood subdivision. The archery range would be open to the general public with organized groups able to reserve the facility. Staff recommends approval. Councllmember Snesko narrated a video tape he had taken of the site and the surrounding properties. Speaking in favor of staff recommendation: Mike Stewart, Jr. Olympic Archery Development {JOAD), 13067 Sundance Avenue, San Diego Wayne Hallett, JOAD, 13074 Tuscarora Drive Speaking in opposition to staff recommendation: Howard Shahan, 13909 Olive Mesa Court, representing Bridlewood HOA Linda Ahkami, 14399 Blue Sage Road Judy Schultz, 14383 Blue Sage Road Tom Gasparini, 14368 Blue Sage Road, representing Bridlewood HOA Speakers expressed concern regarding parking, safety, visual impacts, and use of the open space easement. Following discussion, motion by Councilmember Snesko, seconded by Councilmember Higginson, to close the public hearing, issue a Negative Declaration, and adopt Resolution No. P-91-30 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 91-01, Assessor's Parcel 4176 Page 5 - CITY OF POWAY - May 14, lg91 Number 278-33-07 (Portion}," as amended to restrict use to organized groups only, subject to an application procedure and fee, and directed staff to report back on proposed application procedure and fees for Council adoption. Motion carried 4-0, with Councilmember McIntyre absent. City Manager Bowersox noted that the cost of development will be borne by the archery groups and there is no appropriation of funds implicit in this approval. ITEM g SWIM CENTER FEES Introduction by City Manager Bowersox. Staff report by Director of Community Services Thomas. At the April 2, 1991 meeting, the City Council reviewed the Swim Center Task Force recommendations and approved pool operating hours and fees for the public. At Council direction, staff met with the Task Force chair- person and prepared a report with recommendations regarding swim team rental fees, requirements on the number of lifeguards, and operation of the novice swim team program. Staff recommends approval of report and revised swim team rental fees. Speaking in favor of staff recommendation: Joy Fodor, 13141 Tawny Way, Chairperson of the Swim Center Task Force Annette Heiny, 12223 Oak Knoll Road Ricki Peitchel, 12881 Indian Trail Bruce Kravitz, 13326 Aubrey Street, member Parks and Recreation Committee Jim Boudreau, 15036 Amso Street Following discussion, motion by Councilmember Higginson, seconded by Councilmember Emery, to approve swim team rental fees for nonpublic and public pool hours, direct staff to bring back resolution adopting fees, and direct staff to invite all swim center coaches to submit bids for operation of the novice swim team program, along with a proposal submitted by City staff to operate program. Motion carried 4-0, with Councilmember McIntyre absent. ITEM 20 FRANCHISE RENEWAL WITH COX CABLE TV Mayor Goldsmith stated that this item was pulled from the Consent Calendar. Staff report by City Manager Bowersox. Staff is in the process of negotiating the franchise renewal with Cox Cable. On February 19, 1991, the City Council directed staff to include in the negotiation process provisions for televising Council meetings as part of the franchise renewal requirements. Staff has pre- pared a site and cost analysis for equipping the Council Chambers and for the operation of the video equipment. An alternative to televising Council meetings utilizing the public access funding pledged by Cox Cable as part of the franchise renewal negotiations, would be to equip the Performing Arts Center for video monitoring and recording. Staff recommends that the City Council give direction to staff regarding the alternatives available for utilizing the public access provisions of the franchise renewal. 4177 Page 6 - CITY OF POWAY - May 14, 1991 Council discussion included the need to seek public input of the options available; need to obtain viewer numbers from cities currently televising coun- cil meetings; and concern regarding televising council meetings preceeding an election. Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct staff to survey other cities regarding viewership of televised council meetings; and bring back wording for a community survey outlining the options of televised council meetings or equipping the Performing Arts Center for Council review prior to publication in the September issue of Poway Today, including an option for postage pre-paid response. Motion carried 4-0, with Councilmember McIntyre absent. ITEM 21 CITY MANAGER ITEMS City Manager Bowersox stated the water use in Poway through the first week in May is 39% below the same period in 1989. ITEM 22 CITY ATTORNEY ITEMS Assistant City Attorney Smith requested that a closed session be added to the agenda and that the City Council make the findings under Government Code Section 54954.2 that the need to consider this item has arisen within the past 72 hours. The closed session would be held pursuant to Government Code Section 54956.9{a), pending litigation, in the case of City of Poway vs. City of San Diego. Motion by Councilmember Emery, seconded by Councilmember Higginson to hold a closed session as requested by the Assistant City attorney and find that the need to hold this closed session has arisen within the past 72 hours. Motion carried 4-0, with Councilmember McIntyre absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23. A. Councilmember Emery requested staff reschedule the garbage subcommittee meeting. (Mayor Goldsmith left the room at 9:40 p.m. and turned the gavel over to Deputy Mayor Emery.) Councilmember Emery reported on the Metropolitan Transit Development Board meeting of May 9, 1991 regarding the impacts of the State's budget shortfall local transit projects. The state is proposing to use transit capital improvement funds to pay off Proposition 108 and 116 bond debt service. Council concurred to direct staff to work with MTDB and SANDAG in monitoring proposed legislation. 4178 Page 7 - CITY OF POWAY - May 14, 1991 Councilmember Emery presented a proposed rotation schedule for the Metropolitan Transit Development Board's representation on the Trolley Board. With the proposed rotation, Santee would trade slots with Poway during the 1991-93 appointment. Motion by Councilmember Higginson, seconded by Councilmember Snesko to approve the new rotation schedule. Motion carried 3-0 with Mayor Goldsmith out of the room, and Councilmember McIntyre absent. Councilmember Emery stated that concerns regarding a right-turn lane at Pomerado and Creek Roads appears to have been resolved. 24. Councilmember Higginson stated that the City of Coronado has proposed that since the Coronado Bay Bridge bond debt service has been paid off, that the tolls be retained for local street and road projects. 26. Councilmember Snesko requested his item be removed from calendar. CLI~EO SEXISt AND CALL TO I~DER Deputy Mayor Emery adjourned the meeting into closed session at 9:46 p.m, where Mayor Goldsmith joined the meeting. Mayor Goldsmith called the meeting back to order at 10:34 p.m., with all Councilmembers present except for Councilmember McIntyre, and announced that instructions were given to the Attorney in closed session. Mayor Goldsmith also announced that arrangements are being made to hold a press conference on Wednesday, May 15, 1991. 27. Mayor Goldsmith announced the appointment of Phil West to the Parks and Recreation Committee. Upon motion by Councilmember Hlgginson, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:34 p.m. Marjori~ IOr Wahlsten, City Clerk City of P~_~ay 4179