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CC 1991 08-06 CZTY OF POgAY, CALZFGRN]*A NZNUTES OF THE CZTY COUNCIL REGULAR NEETZNG ADGU~T 6, 1991 The August 6, 1991, regular meeting of the City Council of the City of Poway was called to order at 7:00 p.m. by Deputy Mayor Emery at the City Council Chambers, 13325 Civic Center Drive, Poway, California. Bob Emery, Kathy Mclntyre, Tony Snesko COUItCXL#ENBERSAI~ENTAT ROLL CALL Don Higginson, Jan Goldsmith STAFF #ENBERS PRESENT James Bowersox Tamara Smith John Fitch Robert Thomas Alan Archibald Mark Sanchez Peggy Stewart Mark Weston Garry MacPherson Steve Streeter 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 Engineering Services D.A.R.T. Program Manager/Battalion Chief Assistant Director of Planning Services Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Councilmember McIntyre led the Pledge of Allegiance. PUBLIC ORAL COI4NU~ICATIOflS Deputy Mayor Emery explained the procedure for Public There was no one present wishing to speak. Oral Communications. CONSENT CALENDAR Motion by Councilmember McIntyre, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council: July 16, 1991, Regular Meeting July 18, 1991, Adjourned Regular Meeting 4275 Page 2 - CITY OF POWAY - August 6, 1991 11. Ratification of Warrant Registers 1991 (FY 1991-92). July 18, 1991 (FY 1990-91), July 17, 13. Approval of revised law enforcement contract for fiscal year 1991-92 between the City of Poway and the County of San Diego Sheriff's Department to provide for the adjusted cost of salary and benefit increases. 14. Adoption of Planning Resolution No. P-91-49 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review 91-41, Assessor's Parcel Number 278-423-32," for a 6,000 square foot two-story house located at 14376 Twisted Branch Road, in Bridlewood Country Estates and adjacent to Blue Sky Ranch ecological preserve, in the Hillside/ Ridgeline area; Clifford and Nelly Schechter, applicants. 15. Adoption of Resolution No. 91-087 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Summary Vacation of a Water Easement Located Within Parcel 7 of Parcel Map 15808 Filed in the Office of the County Recorder of San Diego County on September 21, 1989 {Vacation 91-04)," in connection with Mobil Oil Company in the Twin Peaks Plaza Shopping Center, Tentative Parcel Map 86-03. 16. Acceptance of public improvements and release of bonds for Tentative Tract Map 4185, Sunrise Ranch; Thomas F. Lennon, Custodian, Poway Residential Properties, applicant; located on Poway Road between Espola Road and Ipava Drive. 19. Receive and file report regarding pending legislation on the state budget. Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 4 MAJOR USE PERMIT P81-13 MODIFICATION RANCHO ARBOLITOS SWIM & TENNIS CLUB Staff report by City Manager Bowersox. This item was continued from July 16, 1991 at the request of Standard Pacific, operators of the Rancho Arbolitos Swim & Tennis Club. Staff has initiated consideration of a modification to the use permit issued for the club in response to Standard Pacific's request to light the remaining three tennis courts. The original plans approved for the club placed the tennis courts below the surrounding homes. However, actual con- ditions reveal the tennis courts at a higher elevation than the homes. Staff recommends that courts 7 and 8 be lit, and court 9, which is directly adjacent to the residences on the east, remain unlit to reduce lighting impacts. The second page of the resolution needs amendment to change the tennis court numbers from 6, 7 and 8, to 7, 8 and 9. Staff recommends approval with these changes. Speaking in opposition to staff recommendation: Jack Tone, 13106 Woodmont Street Edward Berger, 13112 Woodmont Street 4276 Page 3 - CITY OF POWAY - August 6, 1991 Adjoining property owners expressed concern regarding lighting impacts, and trespassing from the club members leaving the courts to retrieve their tennis balls. Speaking in favor of staff recommendation: Jack R. Mitchell, 13894 Putney Road, club member David Phares, Standard Pacific of San Diego, 7290 Clairemont Mesa Boulevard, San Diego Motion by Councilmember Snesko, seconded by Councilmember Mclntyre, to close the public hearing, issue Negative Declaration with Mitigation Measures, adopt Planning Resolution No. P-91-50 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Modification of Major Use Permit P81-13, Assessor's Parcel Number 314-722-40," as amended by staff, and directed staff to look into allegations of trespassing on the adjoining property owners' yards. Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 5 CONDITIONAL USE PERMIT 91-08/ DEVELOPMENT REVIEW 91-25 APPLICANT: COUNTRY MONTESSORI SCHOOL Deputy Mayor Emery opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Assistant Director of Planning Services Streeter. This is a request by Country Montessori School to continue operation of their 4,200 square foot existing facility and to add 3,600 square feet of modular units for additional classrooms at 12642 Monte Vista Road. There are three changes to the resolution to be made as follows: Condition 9 on Page 3 regarding disabled access; Condition i on Page 6 regarding landscaping screen along eastern and southern boundaries of parking lot; and Condition 9 on Page 1D to require a commercial fire sprinkler system when exterior wall exceeds 150 feet from fire apparatus roadway. Staff recommends approval with these changes. The following speakers addressed the Council: Joe Thomas, 12714 Via La Gardenia Darwin Drake, 13309 Twin Circle Court, residents representing Via La Gardenia Speakers stated the residents are satisfied with the changes made. Speaking in favor of staff recommendation: David Hubbard, Chairman of the Board of Directors for Country Montessori School, 14168 Donart Drive 4277 Page 4 - CITY OF POWAY - August 6, 1991 Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to close the public hearing, issue a Negative Declaration with Mitigation Measures, and adopt Planning Resolution No. P-91-51 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 91-08 and Development Review 91-25, Assessor's Parcel Number 275-460-56," as amended by staff. Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 6 SPECIFIC PLAN AMENDMENT 84-01J/ TENTATIVE PARCEL MAPS 91-07 AND 91-08/ DEVELOPMENT REVIEWS 91-01, 02, D3, 05, 06, 08, 09 AND 10 APPLICANT: TECH BUSINESS CENTER Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to amend the South Poway Specific Plan to allow one-third acre minimum lot size and to change land use designation on Lots 1 through 21 from IP to LI in the Poway Corporate Center. The applicant is also requesting resubdivision of g lots into 18 one-third acre lots, and to construct 10 industrial buildings on property located south of South Poway Expressway, west of Nelson Drive, and north of Kirkham Way. Page 7 of the resolution needs amendment to change Condition 3 under Drainage and Flood Control to require City Engineer approval of concentrated flows in excess of 4 cfs across driveways. Staff recommends approval. Councilmember McIntyre expressed concern regarding the Specific Plan Amendment allowing one-third acre lots for the entire industrial park. City Manager Bowersox recommended the resolution for the Specific Plan Amendment be changed to apply only to lots within Tentative Parcel Maps 91-07 and 91-08, the subject of this application. Speaking in favor of staff recommendation: Neville Bothwell, Tech Business Center, 3575 Kenyon Street, San Diego Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to close the public hearing, adopt Resolution No. 91-088 entitled, "A Resolution of the City Council of the City of Poway, California, Approving an Amendment to the South Poway Specific Plan {SPA 84-01J}," as amended to apply to lots within TPM 91-07 and 91-08 only, and adopt Planning Resolution No. P-91-52 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Maps 91-07 and 91-08, and Development Reviews 91-01, 91-02, 91-03, 91-05, 91-06, 91-08, 91-09, and 91-10, Assessor's Parcel Number 317-280-07," as amended regarding Drainage and Flood Control. Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. 4278 Page 5 - CITY OF POWAY - August 6, 1991 ITEM 7 1991-92 TAX ROLL COMMUNITY FACILITIES DISTRICT NO. 1 Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. The amount to be collected on the tax roll for the Community Facilities District No. 1, Pomerado Business Park, for fiscal year 1991-92 is $2,452,310.00, which is $9,622.14 per net useable acre. Staff recom,m,ends adop- tion of the resolution setting these charges on the tax roll. There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to close the public hearing and adopt Resolution No. 91-089 entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. I for Fiscal Year 1991-92." Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 8 1991-92 TAX ROLL COMMUNITY FACILITIES DISTRICT NO. 88-1 Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. The amount to be collected on the tax roll for the Community Facilities District No. 88-1, Parkway Business Center, for fiscal year 1991-92 is $3,751,629.00. Staff recommends adoption of the resolution setting the maximum per net usable acre assessment at $13,848.76. There was no one present wishing to speak. Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to close the public hearing and adopt Resolution No. 91-090 entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 {Parkway Business Center) for Fiscal Year 1991-92." Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 9 1991-92 FLAT RATE TAXES FIRE PROTECTION/WATER DISTRICT/STREET IMPROVEMENTS Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This tax roll item includes the collection of fire protection fees, water district assessments, and street improvement assessments to be collected on the tax roll for fiscal year 1991-92. Staff recommends adoption of a resolu- tion setting these charges. There was no one present wishing to speak. 4279 Page 6 - CITY OF POWAY - August 6, 1991 Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to close the public hearing and adopt Resolution No. 91-091 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Fees, Water DistriCt Assessments and Street Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1991-92." Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 9.1 ORDINANCE NO. 336 WAIVER OF TWICE-A-WEEK WATERING RESTRICTIONS Staff report by City Manager Bowersox. When the water restrictions were adopted in April as part of Ordinance No. 336, twice-a-week watering restrictions were included as a part of the effort to achieve the 20% savings goal. The City's water customers have exceeded the 20% cutback each week, and with the recent mild summer weather, these restrictions have not been necessary. Staff recom- mends that the twice-a-week watering restrictions be waived until a new ordi- nance can be adopted in October setting new seven-stage rules, regulations and restrictions. Staff anticipates that the current efforts to achieve the city- wide 20% reduction goal will be sufficient. Motion by Councilmember McIntyre, seconded by Councilmember Snesko, to approve staff recommendation, and to include a public awareness campaign to inform the public as to why these restrictions are no longer required. Motion carried 3-0, with Councilmember Higginson and Mayor Goldsmith absent. ITEM 20 CITY MANAGER ITEMS A. City Manager Bowersox stated that the water conservation efforts for the week totaled 61% and 32% for the month of July. City Manager Bowersox stated that the Government Finance Officers Association has presented the City with a Certificate of Achievement for Excellence in Financial Reporting. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23. Deputy Mayor Emery stated that the appointments to the Redevelopment and Housing Advisory Committee will be continued to August 20, 1991 when Mayor Goldsmith will be in attendance. 26. Councilmember Snesko did not discuss his item regarding donating the use of the Performing Arts Center for the Children's Theatre Network. 4280 Page 7 - CITY OF POWAY - August 6, 1991 Upon motion by Councilmember McIntyre, seconded by Councilmember Snesko, Deputy Mayor Emery ordered the meeting adjourned. The time of adjournment was 7.'59 p.m. Marjorle~K. Wahlsten, i y erk City o f~p~way 4281