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CC 1992 01-14 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 14, 1gM2 The January 14, 1992, 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. COUNCILMEHBERS 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 Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Steve Streeter David Narevsky Janis Acosta Michael Putnam Marijo VanDyke City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Assistant Director of Planning Services Redevelopment Manager Management Analyst Performing Arts Center Manager Assistant Planner PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. Mayor Goldsmith welcomed Scout Troop #607 to the meeting. PUBLIC ORAL COMHUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present to speak: Jim Sullivan, 13205 Poway Road, presented an incomplete application for a Conditional Use Permit for his towing business. Mayor Goldsmith directed him to give it to the Planning Services Director. Bill Comer, 13243 Poway Road, requested reconsideration of conditions for DR 91-18, Poway-Bernardo Mortuary, approved December 17, 1991. He was out of the country and missed the appeal time limit. Council directed him to work with staff for a modification, if necessary. 4431 Page 2 - CITY OF POWAY - January 14, 1992 CONSENT CALENDAR Councilmember Emery pulled Items 10-21 from the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar, as follows: 8. Ratification of Warrant Register for December 26, 1991. (401-10) 9. Denial of claim for damages: Jack Alexander (704-13) Motion carried unanimously. ITEM 4 (203-21) SPECIFIC PLAN AMENDMENT 89-04A/ TENTATIVE TRACT MAP 90-05R/VARIANCE 91-10 DEVELOPMENT REVIEW 91-31 APPLICANT: ADI PROPERTIES/CREEKSIDE PLAZA 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 for an amendment to the Specific Plan for Creekside Plaza to permit the construction of a supermarket and to permit the encroachment of parking into the street setback area; a Variance to permit a corner of one building to encroach into a street setback area and the construction of two overheight retaining walls; a revision to the Tentative Tract Map; and a Development Review of the revised architecture for the proposed buildings. She reviewed the changes between the previously approved and current proposal in square footages and stated this proposal is oriented towards the creek. The City Attorney has presented suggested changes in language regarding environmental review, the fiscal analysis, and conditioning a supermarket on the development of a theater and restaurant. Staff recommends approval. City Manager Bowersox stated the Redevelopment Agency will be requested to participate in this project in the form of public improvements, including the widening of Poway and Community Roads. Mayor Goldsmith explained the Redevelopment Agency's contribution to the Haley mobile home project from low and moderate income housing funds and his work with developers to form a town center, or European Plaza "Poway style." The proposal includes a Brigantine restaurant, Edwards lO-plex Cinema, community room, amphitheater, Veterans memorial, walkway along the creek, and an Albertson's supermarket. Speaking in opposition to staff recommendation: Connie Youngkin, 15341 Via Molinero Kyle Everson, 14679 Evening Star Drive, presented a petition he circulated at his business location John Kennedy, 14136 Woodhollow Lane Joe St. Lucas, 13033 Earlgate Court Mike Fry, 12819 Selma Court, President of the Poway Civic Association 4432 Page 3 - CITY OF POWA¥ - January 14, 1992 Speaking in opposition (continued) Jim Faaborg, 13316 Frame Road Jennie St. Lucas, 13033 Earlgate Court Edward Malone, 17150 Old Coach Road Ed Koehler, 1659 Lomacita, E1Cajon, Manager of the Von's Market in the Town & Country Shopping Center Speakers expressed opposition to a supermarket in this location because of its impact on other businesses and incompatibility with a theater, and to expenditure of Agency funds to assist this project. Speaki ng in favor of staff recommendation: Rex Brown, ADI Properties, 122255 Parkway Centre Drive, developer of the project Linda Moreland, architect with Brown, Gimber, Rodriquez, Park, 10201 Wateridge Circle, San Diego Ron Teshima, 9868 Scranton Road, San Diego, landscape architect Dennis Shirrel, 13669 Putney Road, President of the Poway Chamber of Commerce Mickey Cafagna, 13771 Vista Poniente, Mike Morton, 3520 Dudley Street, San Diego, representing The Brigantine restaurant Jeff Dierck, 1180 W. Lambert Road, Brea, representing Albertson's Jerry Hargarten, 13622 Orchard Gate Road Betty Rexford, 11570 Creek Road Danika Hill, 12879 Francine Place, presented petitions from Poway students Kyle Bryant, 14039 Olive Meadows Place, presented petitions from Poway students Kiley Brazil, 14725 Fieldview Way Jay Legaspi, 14450 Crestwood Avenue RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 8:55 p.m. and called it back to order at 9:05 p.m. with all Councilmembers present. Speaking in favor (continued) Jeannie Niles, 13454 Poway Road #409 Randy Wilkins, 14617 Acton court Anita Connor, 14035 Earie Lane Bill Jensen, 12638 Stone Canyon Road Jim Walls, 13731Putney Road Linda Brannon, 14400 Midland Road Stephanie Starks, 15005 Vali Hai Road Council discussion included points in favor by Councilmembers Higginson and McIntyre and Mayor Goldsmith. They pointed out the efforts that had been made by the developer to attract a use other than a supermarket but because of Poway's demographics and location away from the freeway they have not been successful. 4433 Page 4 - CITY OF POWAY - January 14, 1992 Councilmembers Emery and Snesko expressed opposition to a supermarket. Motion by Councilmember Higginson, seconded by Mayor Goldsmith, to close the public hearing and adopt Resolution No. 92-009, entitled, "A Resolution of the City Council of the City of Poway, California Amending Creekside Plaza Specific Plan 89-04A, Assessor's Parcel Number 317-480-11" and Resolution No. P-92-03, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 90-05R, Variance 91-10, and Development Review 91- 31, Assessor's Parcel Number 317-480-11," as amended by the City Attorney. Motion carried unanimously ITEM 5 (203-08) CALMAT'S PRIVATE ACCESS ROAD Staff report by City Manager Bowersox. This status report is presented in response to Council request on December 10, 1991. The grading permit for the subject road will be issued this week with completion on or before May 13, 1992. Council concurred to receive and file the report. ITEM 6 (1110-02) SOUND WALLS ON ARTERIAL ROADS Staff report by City Manager Bowersox. This report is in response to a citizen inquiry on December 17, 1991. The General Plan requires masonry walls along arterial roadways where necessary to mitigate noise impacts on residential units. Council concurred to receive and file the report. ITEM 7 (1162-01) TRAFFIC SIGNAL AT MARTINCOIT AND ESPOLA ROADS Staff report by City Manager Bowersox. Atraffic signal at Martincoit and Espola Roads will improve pedestrian accessibility to Valle Verde Park and Painted Rock School and staff recommends that a traffic signal be installed instead of temporary asphalt sidewalk from Martincoit Road to Valle Verde Road on the south side of Espola Road. Speaking in favor of staff recommendation: Susan Callery, 13065 Edina Way Motion by Councilmember Higginson, seconded by Councilmember Snesko to direct staff to construct a traffic signal at the intersection of Martincoit Road and Espola Road; negotiate a change order with ABC Construction Co., Inc. to add to their existing contract; and use excess funds from miscellaneous signal contract. Motion carried unanimously. 4434 Page 5 - CITY OF POWAY - January 14, 1992 ITEM 7.1 (1170-04) STATUS OF SOLID WASTE/RECYCLING Staff report by City Manager Bowersox. At the December 17, 1991 meeting, Council directed staff to pursue an exclusive franchise for recycling with the current haulers in Poway and to explore further exclusive franchising for refuse collection. At issue is whether the city must give a five-year notice to the haulers of intent to franchise. The City Attorney has determined that the City does not because we do not set the hauler rates. The first priority is compliance with AB 939 and staff feels the easiest way to do this is through a franchise. Speaking in opposition to staff recommendation: James Mashburn, Mashburn Sanitation, 7145 Via Mariposa Sur, Bonsall Following discussion, motion by Councilmember McIntyre, seconded by Councilmember Emery, to request staff negotiate with the existing haulers to determine feasibility of starting exclusive franchise for refuse collection in July, 1995, when AB 939 is effective; hold a hearing to get public input regarding what method of recycling is preferred, mixed versus separate containers for the next 3 to 5 years; include in the negotiations with the haulers making the recycling program part of the existing permitting process rather than going to an exclusive franchise; give the five-year notice and revoke if necessary. Motion carried unanimously. ITEM 10 (203-15) COMPREHENSIVE SIGN PROGRAM MODIFICATION 87-03(M) APPLICANT: F.T. VON DER AHE COMPANY Councilmember Emery stated he had not intended to pull this item from the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Planning Resolution No. P-92-04, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program Modification 87-03(M), Assessor's Parcel Number 317-473-12, 16." Motion carried unanimously. ITEMS 11-21 LANDSCAPE MAINTENANCE DISTRICT ANNEXATIONS Motion by Councilmember Emery, seconded by Councilmember Higginson to continue consideration of these items to January 21, 1992. Motion carried unanimously. ITEM 22 CITY MANAGER ITEMS 22. City Manager Bowersox stated that the water conservation efforts for the week and month to date are 48%. 4435 Page 6 - CITY OF POWAY - January 14, 1992 ITEM 23 CITY ATTORNEY ITEMS 23. City Attorney Eckis asked this his request for a closed session be continued to the adjourned meeting on January 16, 1992. Council concurred. MAYOR 24. 25A. 25B. AND CITY-COUNCIL INITIATED ITEMS Councilmember Emery stated he would continue his report on the MTDB meeting to January 21, 1992. Mayor Goldsmith announced the following appointments to the Budget Review Committee: Don Blackwell and Tom Tremble (Goldsmith); James Crosby (Higginson). Mayor Goldsmith announced the appointment of Sydney Young (McIntyre) to the Business Advisory Committee. ADJOURNHENT Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., January 16, 1992. The time of adjournment was 12:40 a.m. marjoriqK~ Wahlsten, City Clerk City of~,Way 4436 NOTICE NOTICE IS HEREBY GIVEN THAT THE JANUARY 14, 1992, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF AI)JOURHI4EIIT Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 4;30 p,m,, Thursd~, O~nu~r~ 15, lgg~ in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 12:40 a.m., January 15, 1992. MarjoKie~K. Wahlsten, City Clerk City fq[J~oway, California Dated: January 15, 1992 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 15, 1992 Marjoqie\K. Wahlsten, City Clerk City o~.~oway, Cal i fornia