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CC 1991 12-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 17, 1991 The December 17, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Garry MacPherson Dave Bliss Yolanda Collins Penny Riley 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 Director of Public Services Director of Safety Services Assistant Director of Planning Services DART Program Manager/Battalion Chief Sheriff's Captain Sheriff's Lieutenant DART Asst. Program Mgr./Asst. Planner Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present to speak: Bill Barnick, 14645 Sunrise Canyon Road, spoke in opposition to sound walls being built with public funds. Staff will report back on any future proposals for walls. Joye Davisson, 13733 Celestial Road, thanked the City Council and citizens for their support of the Christmas Basket project. 4412 Page 2 - CITY OF POWAY - December 17, 1991 ~DAR Mayor Goldsmith stated that staff has requested Item 22 be removed from calendar. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 14. Approval of Minutes - City Council: November 21, 1991, Adjourned Regular Meeting November 26, 1991, Regular Meeting December 3, 1991, Regular Meeting 16. Ratification of Warrant Register for November 26, 1991 (401-10) 17. Approval of City's Investment Report for November 30, 1991 (408-01) 18. Receive and file transportation improvement projects quarterly status report. (1110-01) 19. Approval of Agreement for Funding Between City of Poway and the San Diego Abandoned Vehicle Abatement Service Authority. (601-01, #902) 20. Approval of final maps for Tentative Parcel Map 91-07 and Tentative Parcel Map 91-08, Tech Business Center, applicant; located within the South Poway Planned Community. (203-02) 21. Acceptance of Silverset Park, from Standard Pacific, located between Silverset Street and Fieldview Way, north of Triumph Way; receive and file report of final accounting of funds. (1401-17) 22. Remove Vacation 91-12 from calendar. (1002-06) 23. Approval of Tonnage Grant Program Funding Agreement for recyclables diverted from county landfills between City of Poway and County of San Diego for fiscal year 1991-92. (602-01 #904) 24. Approval of revised schedule of hourly rates and amendment to agreement between City of Poway and BSI Consultants, Inc. (602-01 #95) 25. Award of bid for supply and installation of street signs, Phase V, to Atlas Fence Company in the amount of $35,617. (1217) (602-01 #905) 26. Adoption of Resolution No. 91-138, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Participation in the Public Agency Retirement System (PARS)" for part-time employees. 27. Authorization to post Local Appointments List required by the Maddy Act. (701-09) 4413 Page 3 - CITY OF POWAY - December 17, 1991 28. Appropriation of $50 for a U.S. Savings Bond for the first baby born to a Poway resident at Pomerado Hospital in 1992. (401-13) 29. Approval of charter amendment for the Performing Arts Advisory Committee eliminating a member from the Poway Performing Arts Company and replacing with a member from the Center's user organizations. (701-09) 30. Annual review of development agreement with CF Poway, Ltd. finding they have demonstrated good faith compliance with the agreement terms. (602-01 #400) 31. Annual review of development agreement with Parkway Partners finding they have demonstrated good faith compliance with the agreement terms. (602-0] #626) 32. Annual review of development agreement with Environmental Development finding they have demonstrated good faith compliance with the agreement terms. (602-01 #830) 33. Annual review of development agreement with Tech Business Center finding they have demonstrated good faith compliance with the agreement terms. (602-01 #835) 34. Annual review of development agreement with Poway Corporate Center finding they have demonstrated good faith compliance with the agreement terms. (602-01 #836) 35. Annual review of Development Agreement with McMillin Communities finding they have demonstrated good faith compliance with the agreement terms. {602-01 #874) Motion carried unanimously. ITEM 4 (203-08) CONDITIONAL USE PERMIT 88-19M APPLICANT: ST. BARTHOLOMEW'S EPISCOPAL CHURCH Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to modify an existing conditional use permit to include the construction of a columbarium garden for the interment of cremated human remains. Staff recommends approval. Speaking in opposition to staff recommendation: Alan Hemphill, 16241 Del Norte, speaking for Mary Smith, 16232 Del Norte John Ponsiglione, 16240 Avenida Florencia Lynwood Berg, 16226 Del Norte David Katzman, 1285 Camino Merion, La Jolla Larry Goldberger, 956 Avocado Place, Del Mar 4414 Page 4 - CITY OF POWAY - December 17, 1991 Speakers expressed opposition to a cemetery next to their homes when they would be able to see and hear the services taking place there and cited the precedent this would be setting for requests from other churches. Speaking in favor of staff recommendation: Mike Marshall, 18494 Aceituno St., San Diego, architect Rev. Edward Mullins, 16275 Pomerado Road, rector of St. Bartholomew's He stated that all Episcopal funeral services take place inside the church. Councilmember McIntyre stated she had walked the site and expressed concern that this use is not specifically included in the zoning code as an accessory use to a church and made a motion that this case be put on hold until Council can clarify the accessory use question. There was no second. Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-91-86, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 88-19M, Assessor's Parcel Number 275-510-16," amended to require adequate screening that the neighbors cannot see into the central area and directing staff to prepare the necessary clarification to the Zoning Code. Motion carried 4-1 with Councilmember McIntyre voting "no." ITEM 5 (203-08) CONDITIONAL USE PERMIT 90-19 APPLICANT: DEZZI BASHOGI Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a conditional use permit for a cafe in the Carriage Center which will offer beer wine and other alcoholic beverages. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-91-87, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-19, Assessor's Parcel Number 317-490-55," Motion carried unanimously. ITEM 6 (1402-02) LIBRARY SITE SELECTION City Manager Bowersox introduced the item and gave a brief history of the Library Advisory Committee and its duties, including review of possible library sites. Mayor Goldsmith acknowledged the Committee members present and thanked them for their work. 4415 Page 5 - CITY OF POWAY - December 17, 1991 Committee Chair Chris Ferguson presented the Committee's report and explained the voting process that led to the recommendation of the Twin Peaks/Midland site over Long's Drugs and Western Lumber. He emphasized that the majority of the committee is not committed to a site, but to what is in the building. All three sites are workable and the advantages and disadvantages of each do not make a major difference. The following persons spoke and gave their preferred location: Susan Sheldon, 13411 Starridge Street, member of the Library Committee and Friends of the Library, prefers Long's. Cynthia Jahns, 12833 Shadowline Street, member of the Library Committee, prefers Twin Peaks. Sue Herndon, 16552 Corte Paulina, member of the Library Committee, prefers Twin Peaks. Joye Davisson, 13733 Celestial Road, President of the Friends of the Library, stated any one of the three sites would work. Vicki Lazowski, 14440 Golden Sunset Lane, prefers Long's. Gordon Meyer, 14302 Sandhill Road, prefers Twin Peaks. Mayor Goldsmith acknowledged others who were not present tonight for their years of hard work with the Friends of the Library to bring improved library services to Poway: Chris Coxsey, Linda Brannon, Barbara Ivory and the late "Bud" Barber. Councilmember Snesko made a presentation regarding his support for the Western Lumber site, emphasizing that this is the most blighted of the three sites and best meets the criteria for use of redevelopment funds. He requested a postponement of this item to have an independent architect evaluate the existing building on the Western Lumber site. RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 9:12 p.m. and called it back to order at 9:20 p.m. with all Councilmembers present. Councilmember McIntyre stated she personally prefers the Twin Peaks site, but believes Long's is the fiscally prudent choice. Councilmember Higginson stated he prefers the Twin Peaks site so that commercial frontage is not removed from commercial use. Councilmember Emery stated he has not made a decision between the Twin Peaks and Long's sites as they both have advantages. Mayor Goldsmith stated he prefers Long's and would recommend that if the owner is unreasonable regarding acquisition then negotiations could commence for the Twin Peaks site. Motion by Councilmember Snesko to approve the Western Lumber site. There was no second. 4416 Page 6 - CITY OF POWAY - December 17, 1991 Motion by Councilmember Emery to approve the Long's site and authorize staff to commence negotiations for acquisition. If the negotiations are unsuccessful, including contribution to the operating fund, then go to the Twin Peaks site. Motion seconded by Councilmember McIntyre and carried 3-2 with Councilmembers Higginson and Snesko voting "no." RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 10:30 p.m. and called it back to order at 10:30 p.m. with all Councilmembers present. ITEM 7 (701-09) BUDGET REVIEW ADVISORY COMMITTEE REVISED CHARTER Staff report by City Manager Bowersox. At the November 21, 1991, workshop, the City Council agreed to expand the duties and terms of office of the Budget Review Advisory Committee. Staff has prepared a revised charter to incorporate these changes and recommends approval. Council discussed expanding the Committee from five members. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the revised charter with seven members. Motion carried unanimously. ITEM 8 (1204-13) DROUGHT ASSISTANCE RESPONSE TEAM Staff report by City Manager Bowersox. He presented the accomplishments of the Drought Assistance Response Team (DART) which was designed to operate through the 1990-91 year with seven employees from various city departments and recommended that they be downsized to four members effective January 1, 1992 and reassigned to the Administrative Services Department. Motion by Councilmember Emery, seconded by Councilmember Higginson to approve staff recommendation. Motion carried unanimously. ITEM g (203-14) DEVELOPMENT REVIEW 91-28 APPLICANT: MORTUARY SERVICES, INC. Staff report by City Manager Bowersox. This is a request to construct an addition and add a garage to an existing commercial building located at 13243 Poway Road. Staff recommends approval with conditions, including bring the existing free standing sign into conformance. 4417 Page 7 - CITY OF POWAY - December 17, 1991 Motion by Councilmember Emery, seconded by Councilmember Hi§§inson to adopt Planning Resolution No. P-91-88, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 91-28, Assessor's Parcel Number 317-473-06." Motion carried unanimously. ITEM 10 (602-01, #137R) POWAY MOTORS, INC. RELOCATION Staff report by City Manager Bowersox. All items relating to the relocation of Poway Motors to the former Volkswagen site at 12255 Poway Road will be presented on January 7, 1992. Staff recommends this item be removed from the calendar. Council concurred. ITEM 12 (1170-04) SOLID WASTE RECYCLING ALTERNATIVES Staff report by City Manager Bowersox. In order to comply with AB 939, the City must prepare a Source Reduction and Recycling Element and a House Hazardous Waste Element. In conjunction with a County-wide effort, the firm of Camp, Dresser, and McKee has completed these preliminary studies. These studies will be presented to SANDAG acting as the Solid Waste Task Force on January 24, 1992 and then presented to the City Council at a public hearing. Staff's recommendation for this meeting has been changed since the agenda was printed. It may be necessary to give a five year notice to existing permit holders before an exclusive franchise can be awarded for refuse collection so the recommendation is just to do an exclusive franchise for recycling. The City Attorney is researching the other question and will have a report in January. Bob Hilton of Hilton, Farnkopf, and Hobson, who analyzed the city's recycling program alternatives and a strategy for franchising presented his recommendations, including a weekly mandatory collection of recyclables, mandatory recycling ordinance; volume-based collection rate structure; and accepting RFPs only from the existing five trash hauler permittees. Speaking in favor of staff recommendation: Roy Moreau, 16967 Cresta Drive, adviser for the Poway High Music Boosters program. James Mashburn, 7145 Via Mariposa Sur, Bonsall, Mashburn Sanitation Kelly Astor, 505 City Parkway West, Orange, attorney for Mashburn Speaking in opposition to staff recommendation: George Bagdasarian, 9640 Alto Drive, La Mesa, Alto Waste Corp. Kevin Kelly, 12736 Peartree Terrace, Reliable Waste 4418 Page 8 - CITY OF POWA¥ - December 17, 1991 Speakers expressed opposition to only accepting RFPs from the existing permittees. Councilmember Snesko stated a desire to open up the bidding. Councilmember McIntyre stated she was not ready to commit to a five year franchise and suggested a pilot program of shorter duration or make recycling collection part of the existing permits. Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt the amended staff recommendation to issue a RFP for the recycling collection only with the existing five haulers. Motion carried 3-2 with Councilmembers McIntyre and Snesko voting "no." ITEM 13 (1401-13) SOUTH POWAY SPORTS PARK BID PROCESS Staff report by City Manager Bowersox. The build/finance/operate combined bid documents are not ready and staff recommends this item be continued to January 7, 1992. Motion by Councilmember Higginson, seconded by Councilmember Emery to approve staff recommendation. Motion carried unanimously. ITEM 13.1 (1180-05) FUNDING REQUEST FROM 4-H Staff report by City Manager Bowersox. On December 3, 1991, 4-H member Tammy Johnston requested a donation to assist her in attending the 4-H National Convention for guide dog winners in Chicago, Illinois. Tammy's project record book won first place in the State. This request does not meet the eligibility criteria established in the Community Contribution Policy. Bill Johnston, 14130 Kendra Way, thanked the City Council for their continued support of 4-H and FFA. Motion by Councilmember Higginson, seconded by Mayor Goldsmith to deny Ms. Johnston's funding request. Motion carried unanimously. 4419 Page 9 - CITY OF POWAY - December 17, 1991 ITEM 37 CITY MANAGER ITEMS A) City Mana§er Bowersox stated the water conservation efforts were 53% for the week and 40% for the month to date. B) City Manager Bowersox requested a closed session for the purpose of the legislative body instructing its representatives concerning personnel negotiations pursuant to Government Code §54957.6(a). ITEM 38 CITY ATTORNEY ITEMS City Attorney Eckis stated it was not necessary to hold the closed session requested under his item on the agenda. CLOSED SESSION Mayor Goldsmith called for a closed session at 12:18 a.m., December 18, 1991. CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at 12:30 p.m. and announced that the City Council had instructed its negotiator. The meeting was adjourned on motion by Councilmember Emery, seconded by Councilmember Higginson. ~Wa~sten, City Clerk City of~_~Way 4420