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CC 1991 10-08 CZTY QF I)Q~Y,, GILZFC~HZA NZHUTE$ OF THE: CZTY CC)UI~ZL REGULA~ 14EET~HG The October 8, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. I~"QUIKZLI4EI4BER$ PRESEHT AT ROLL GiLL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith (,'QUIKZLI4EI4BER$ AB$~T AT ROLL GiLL Don Higginson STAFF 14EI4BER$ PRESEHT James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Steve Streeter David Narevsky Pamela Colby Janis Acosta City Manager City Clerk Assistant 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 Redevelopment Manager Senior Management Analyst Management Analyst PLEDGE OFAI. LEGZAIKE Deputy Mayor Emery led the Pledge of Allegiance. PRQCLAIMTZON Mayor Goldsmith proclaimed October 19-27, 1991, as "Red Ribbon Week" and presented a proclamation to Judy Bower, CONTACT Community Network Red Ribbon Week Coordinator. Mayor Goldsmith explained the procedure for Public Oral Communications. was no one present wishing to speak. There 4343 Page 2 - CITY OF POWAY - October 8, 1991 CONSENT CALENDAR Notion by Councilmember Emery, seconded by Councilmember Snesko, to adopt the Consent Calendar as follows: 13. Ratification of Warrant Register for September 19, 1991. 14. Appropriation of $10,000 from General Fund reserve to repair the support structure of the Lake Poway concession patio. 15. Acceptance of Tierra Bonita and Twin Peaks Roads Storm Drain improvements from Walter H. Barber and Son, Inc., and authorization for City Clerk to record Notice of Completion. {5207) 16. Time extension for standard agreement for Tentative Tract Map 88-07, located on the east side of Pomerado Road north of Stone Canyon Road, subject to new owner executing Standard Agreement and providing bonding. 17. Adoption of Resolution No. 91-113, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance District 83-1 with the Annexation of MDR 91-46 into Landscape Maintenance District 83-1 with Written Consent of Property Owner, APN 321-350-13." 18. Approval of final map for Tentative Tract Map 4191-9R, Standard Pacific, applicant, located east of Brookstone Drive and north of Stoutwood Street; and adoption of Resolution No. 91-114, entitled, "A Resolution of the City Council of the City of Poway, California Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 83-01 with Written Consent of all Property Owners." 19. Received report regarding local agency improvement fees accounting for fiscal year 1990-91. 20. Award of three-year contract for Arbitrage Rebate Consultant to Public Financial Management, Inc. and appropriation of $38,325 for 1991. Motion carried 4-0 with Councilmember Higginson absent. ITEM 5 ORDINANCE NO. 344 - SECOND READING SPEED LIMIT ON SOUTH PARKWAY EXPRESSWAY Mayor Goldsmith read the title of Ordinance No. 344, "An Ordinance of the City of Poway, California, Establishing a Speed Limit of 55 MPH on South Poway Expressway from Community Road to Pomerado Road." Staff report by City Manager Bowersox. This is second reading for this ordinance. 4344 Page 3 - CITY OF POWAY - October 8, 1991 There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing, waive further reading, and adopt Ordinance No. 344. Motion carried unanimously. ITEM 6 CONDITIONAL USE PERMIT 90-12{M) HILLEARY PARK Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is the modification of the previously approved Conditional Use Permit for Hilleary Park, replacing the baseball field with an expanded soccer field and a practice soccer area. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and adopt Planning Resolution No. P-91-67 entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit gO-12{M), Assessor's Parcel Number 317-102-07." Motion carried unanimously. ITEM 7 DEVELOPMENT REVIEW 88-22{M) APPLICANT: STANDARD PACIFIC/THE GROVES Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to modify a previously approved development review by adding two new floor plans and six optional additions for the original plans, located east of Espola Road across from Poway High School. Staff recommends approval. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Snesko, to close the public hearing, and adopt Planning Resolution No. P-91-68, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 88-22{M), Assessor's Parcel Number 278-461-01 through 34; 278-462-01 through 39." Motion carried unanimously. ITEM 8 TENTATIVE TRACT MAP 89-01 TIME EXTENSION APPLICANT: DON MECHLING Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to grant a one-year time extension for the sub- division of 43 acres into five lots located south of Millards Ranch Lane. Staff recommends approval. 4345 Page 4 - CITY OF POWAY - October 8, 1991 There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Snesko, to close the public hearing and adopt Planning Resolution No. P-91-69, entitled, "A Resolution of the City Council of Poway, California Approving Tentative Tract Map 89-01TE, Assessor's Parcel Number 321-271-25." Motion carried unanimously. ITEM 9 SPECIFIC PLAN AMENDMENT 84-010 PROHIBITING ASPHALT PLANTS IN SOUTH POWAY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to amend the South Poway Specific Plan to prohibit asphalt plants as a permanent use, as a result of Council's action during the CalMat Conditional Use Permit hearing on July 23, 1991. Speaking in opposition to staff recommendation: Severo Chavez, P.O. Box 3098, San Diego, representing CalMat Robert Imler, 8080 Friars Road, San Diego, representing CalMat Jennifer Wilson, Worley, Schwartz, Garfield & Rice, 401 "B" Street, Diego, representing CalMat San Speakers stated that allowing temporary asphalt plants was discriminatory against CalMat. Speaking in favor of staff recommendation: Jerry Hargarten, 13622 Orchard Gate, representing Green Valley Civic Association Betty Rexford, 11570 Creek Road Mike Fry, 12819 Selma Court, representing the Poway Civic Association Randall Wilkins, 14617 Acton Court, representing the Garden Road Association Speakers urged the City Council to make it more difficult for a permanent asphalt plant to locate in Poway since tonight's action could be overturned by a future Council, and to define the length of time a temporary use permit would be allowed. City Manager Bowersox stated every temporary use permit has different conditions which are defined at the time an application is made. Length of time would be one of those. Motion by Councilmember Emery, seconded by Councilmember McIntyre, to close the public hearing and adopt Resolution No. 91-115 , entitled, "A Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan SPA 84-010," and request staff to report back regarding the feasibility of a ballot proposition to eliminate asphalt and other toxic plants in the city, or any other remedies. Motion carried 4-0 with Councilmember Higginson absent. 4346 Page 5 - CITY OF POWAY - October 8, 1991 ITEM 10 COBBLESTONE CREEK ROAD BRIDGE OVER POWAY CREEK Staff report by City Manager Bowersox. On September 10, 1991, Council received a petition from residents south of Poway Creek on Cobblestone Creek Road requesting a bridge. This is a private road but staff is recommending a study of alternative access to the area and report back to Council in 90 days. Speaking in favor of staff recommendation: Jack Swain, 12667 Cobblestone Creek Road Council concurred that since this is a private road, the city should not be funding the project. Motion by Councilmember Emery, seconded by Councilmember Snesko, to refer this to staff to work with the residents to find a minimum cost alternative and bring back to Council with a funding recommendation such as a neighborhood loan program. Motion carried 4-0 with Councilmember Higginson absent. ITEM 11 BOND ISSUANCE/PROMISSORY NOTE TO C.F. POWAY, LTD. Staff report by City Manager Bowersox. C.F. Poway, Ltd. has constructed certain public improvements on behalf of the Redevelopment Agency in the Pomerado Business Park and the Agency has executed a promissory note in the amount of $8,191,247. Sale of Tax Allocation Refunding Bonds and the formation of the Poway Public Financing Authority is necessary to pay off the note. Future tax allocation revenue will be used to service the bonds rather than pay off the note. Staff recommends approval. Councllmember McIntyre stated she had not received the package of documents until today and would abstain since she had not been able to read them. Motion by Councilmember Emery, seconded by Mayor Goldsmith, to adopt Resolution No. 91-116, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Joint Exercise of Powers Agreement Between the City of Poway and the Poway Redevelopment Agency Creating the Poway Public Financing Authority," and Resolution No. 91-117, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Issuance of Poway Community Redevelopment Agency, Paguay Redevelopment Project Subordinated Tax Allocation Refunding Bonds, Issue of 1991 and Approving, Authorizing and Directing Execution of Indenture of Trust and Official Statement." Motion carried 3-0-0 with Councilmember Higginson absent and Councilmember McIntyre abstaining. 4347 Page 6 - CITY OF POWAY - October 8. 1991 RECE~ Al~ CALL TI) ORDER Mayor Goldsmith recessed the meeting at 8:10 p.m., in order to hold a meeting of the Poway Public Financing Authority. He called the meeting back to order at 8:14 p.m., with all Councilmembers present except Councilmember Higginson who was absent from the meeting. ITEM 12 EMPLOYEE SUGGESTION AWARDS PROGRAM Staff report by City Manager Bowersox. To encourage city employees to suggest ideas for reducing costs, increasing safety levels and providing better service in the community, staff is recommending adoption of a Employee Suggestion Awards Program. Council suggested expanding the program to recognize employees for "doing something out of the ordinary." Motion by Councilmember Emery, seconded by Councilmember McIntyre, to approve the Employee Suggestion Awards Program as submitted, authorize the transfer of $3,500 within the Personnel Division to fund the program, and encourage staff to explore other possible components for the program. Motion carried 4-0 with Councilmember Higginson absent. ITEM 12.1 PURCHASE FROM NATURE CONSERVANCY Staff report by City Manager Bowersox. This item was continued from the October 1, 1991 meeting and Council had requested additional reports from the City Attorney regarding increasing the city's liability if it owned the former Sunwood Subdivision and from the Engineer regarding what uses could be safely placed on the property without building a buttress. The City Attorney has concluded the city has immunity from liability if the property is left in its natural condition and the City Engineer has reported that Metate Lane could be widened, in fact the rough grading for that was done sometime in the past, to 40 feet without disturbing the landslides. Staff recommends negotiations with the Nature Conservancy to acquire the property. Speaking in favor of staff recommendation: Wayne Brechtel, 380 Stevens Avenue, Solana Beach, attorney representing the Nature Conservancy. Following discussion, motion by Councilmember Emery, seconded by Councilmember McIntyre, to approve staff recommendation and direct the City Manager to look at acquisition alternatives other than direct purchase. Motion carried 3-1 with Councilmember Snesko voting "no" and Councilmember Higginson absent. Councilmember Snesko expressed his opposition to expending funds for property that will remain open space without our purchase. 4348 Page 7 - CITY OF PONAY - October 8, 1991 ITEM 12.2 COMMUNITY ROAD WIDENING Item introduced by City Manager Bowersox. Staff report by City Engineer Weston. On October 1, 1991, a Community road resident expressed safety concerns regarding the job site at Community and Twin Peaks Road. Staff has determined that the items had been corrected the previous week under a correct notice issued by the Engineering Services Department. Staff recommends the report be received and filed. Council concurred with staff recommendation and requested staff research adding monetary penalties for safety violations or property disruption as part of the contracts. RECESS AHI) CALL TO ORDER Mayor Goldsmith recessed the meeting at 8:45 p.m., and called it back to order at 8:50 p.m., with all Councilmembers present except Councilmember Higginson who was absent from the meeting. ITEM 12.3 LIST OF REDEVELOPMENT PROJECTS Staff report by City Manager Bowersox. Staff has prepared a preliminary list of projects to update the Redevelopment Plan for the Paguay Redevelopment Project. Once the Council has given input, staff will prepare cost estimates for each project. The revised plan is scheduled to be adopted by May, 1992. Council concurred they will look at this again with the goals and objectives. ITEM 21 CITY MANAGER ITEMS A) City Manager Bowersox reported that water conservation efforts were 15% during the past week and for the month. B) City Manager Bowersox reported that the City has received an orchid from the San Diego Chapter of the American Institute of Architects for the Master Biological Assessment done in conjunction with the update of the General Plan and coFiwl)ended the Planning Services Department staff. ITEM 22 CITY ATTORNEY ITEMS A) Assistant City Attorney Smith requested a closed session pursuant to Government Code Section 54956.8, to instruct the city's negotiator regarding acquisition of real property, located at Midland Road and Aubrey Street, Margaret Ogle, owner. 4349 Page 8 - CITY OF POWAY - October 8, 1991 B) Council concurred with the City Attorney's recommendation to review and revise the City Council procedure ordinance, Chapter 2.18 of the Poway Municipal Code. NAYQIt AHO CITY CQUNClL-IHITIATEO ITEI~ 24. A) Mayor Goldsmith announced the following appointments to the Poway Road Specific Plan Advisory Committee: David Higgins, Bud Weiderrich (Chamber of Commerce); Jeannie Niles, Kyle Everson {Business Advisory Committee); Mickey Cafagna, Duke Ayers {Redevelopment Advisory Committee); Randy Wilkins, Elaine Flynn (Transportation Advisory Committee); Rex Brown, Ed Malone, Vicki Lazowski {Goldsmith); Jerry Long (Snesko); David Calvert {McIntyre); Mehdi Kazemzadeh {Emery); Jeanne Schneider (Higginson). Mickey Cafagna will serve as Chair. 8) Mayor Goldsmith stated that the SANDAG Transportation Control Measure Plan does not include sufficient funding to meet their commitment to the 1-15 corridor of expanded express bus service equivalent to mass transit available in other areas of the County and requested the City Council take action to oppose the Plan at the SANDAG November 22 meeting. The Mid-County Association of Communities voted unanimously to oppose it and they will request their local planning boards and Chambers of Commerce to express opposition. Diane Rath, representing the Poway Chamber of Commerce, stated the Chamber Board took action to support Mayor Goldsmith's position. Motion by Councilmember Emery, seconded by Councilmember McIntyre to oppose SANDAG's Transportation Control Measure Plan as proposed. Motion carried 4-0 with Councilmember Higginson absent. c) Goldsmith stated there had been state legislation introduced which would make our drug abatement ordinance apply to the entire State and requested information on its status. He also requested a report regarding use of a zero tolerance policy in publicly owned mobilehome parks. CLOSED SESSION Mike Schoonover, Carriage Realty, 2205 E. Valley Parkway, Escondido, represent- ing Mrs. Ogle stated the following conditions for sale of the property to the City: 1) refer to the private road as Ogle Way; 2) supply a copy of the second City appraisal by October 9, 1991; 3) submit an offer to purchase by October 29, 1991. Mayor Goldsmith called for a Closed Session at 9:35 p.m. 4350 Page 9 - CITY OF POWAY - October 8, 1991 CALL TO ORDER AHO AI)~OURHNEHT Mayor Goldsmith called the meeting back to order at 10:09 p.m., with all Councilmembers present except Councilmember Hlgginson, who was absent from the meeting, and stated the City Council had taken action in closed session to decline to release the appraisal. Upon motion by Councilmember Emery, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:10 p.m. Marjor~e K. Wahlsten, City Clerk City o~P~way 4351