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CC 1992 07-14 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 14, 1992 The July 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. COUNCILMENBERS PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUNCILMEMBERS ABSENT AT ROLL CALL Don Higginson STAFF NEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald 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 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 wishing to speak: Kyle Everson, 14679 Evening Star, spoke in opposition to "fast tracking" a ballot measure that would ban certain businesses. Douglas Duke, 13812 Olive Mill Way, stated there was insufficient security and traffic control at the July 4th fireworks at Poway High School and, when asked, concurred to be a volunteer next year. Councilmember McIntyre requested a written evaluation of the event for the City Council. Michael McFarland, 14455 Ipava Drive spoke regarding the recent increase in sewer rates. Howard Stacklin, 13149 Tobiasson Road, spoke regarding world economic matters. 4623 Page 2 - CITY OF POWAY - July 14, 1992 Bill Rickles, 13725 Utopia Road, stated there are too many sites proposed for the AH overlay in the south portion of Poway and suggested there need to be more in north Poway. City Manager Bowersox stated the Redevelopment & Housing Advisory Committee's report will be coming to the City Council on August 4 and a copy will be provided to Mr. Rickles. ITEM 4 (203-08) CONDITIONAL USE PERMIT 88-14 ANNUAL REVIEW APPLICANT: FIRST CHURCH OF CHRIST SCIENTIST City Manager Bowersox stated the City had received a letter today from the applicant requesting a continuance of this item. Representatives of the church and neighbors who filed the complaint are both present this evening. Garry Saylor, 16250 Avenida Florencia, stated the letter from the church included in the agenda contained some untruths. He stated concerns over lack of mitigation for noise and light, the height of the proposed church, lack of an EIR, drainage problems and sterilization of his soil by weed killers applied on the church property. Jim Farrar, 12815 Avenida la Valencia, stated concern over lack of erosion control and lights from the church. Keitha Walker, 14249 High Valley Road, representing the church, requested a continuance to discuss the proposed realignment of the pedestrian/equestrian easement. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue consideration of Conditional Use Permit 88-14 annual review to August 25, 1992 and direct staff to meet with the residents and church officials. Motion carried 4-0 with Councilmember Higginson absent. CONSENT CALENDAR City Manager Bowersox noted that Item 22 has been amended. Councilmember McIntyre pulled Item 27. Motion by Councilmember McIntyre, seconded by CoUncilmember Emery, to approve the Consent Calendar as follows: 17. 19. 20. Approval of Minutes - City Council: June 16, 1992, Regular Meeting June 23, 1992, Regular Meeting Ratification of Warrant Registers for June 18 and 25, lg92. (401-10) Approval of the acquisition of Hilleary Park right-of-way access from Jeffries, Pagnini and Nunn in the amount of $37,000 with precise location for access to the property from the north to be determined in the future. (5609) (1002-01R) 4624 Page 3 - CITY OF POWAY - July 14, lgg2 21. Appropriation of $257,271 from SB 300 state grant funds for the Poway Road west end improvement project. (5252) {602-01, #843} 22. Acceptance of transportation improvement projects Quarterly Status Report, as amended in Item 8. (1110-01) 23. Award of bid for lgg2 citywide Traffic Striping/pavement Marking and Pavement Marker Replacement to Traffic Operations, Inc. in the amount of $55,570. (602-01, #g37) 24. Award of bid for primary chemicals used at the water treatment plant to the following: Jones Chemical, liquid chlorine @ $337.50 per ton; General Chemical for alum ~ $140 per ton; and Van Waters & Rogers form caustic soda @ $340 per ton and potassium permanganate at $1.38 per lb. (601-03) 25. Acceptance of public improvements and release of securities for Tentative Tract Map 88-05, La Manda Estates, Gateway Poway Association, applicant; located west of La Manda Road and north of Camino Del Norte. (602-01, #728) 26. Approval of settlement agreements with trash haulers: Bay Cities Services, Coast Waste Management; Laidlaw; Mashburn Sanitation; and Waste Management. (602-01, #936) 27.1 Rejection of all bids for the Poway Events Kiosk program and authorization for staff to distribute new request for proposals. (601-03) Motion carried 4-0 with Councilmember Higginson absent. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a) to discuss pending litigation: Poway vs. Ohio Teachers Retirement and Town & Country Shopping Center vs. Poway. Mayor Goldsmith adjourned the meeting into closed session at 7:40 p.m. CALL TO ORDER Mayor Goldsmith called the meeting back to order at 8:10 p.m. with all Councilmembers present except Councilmember Higginson who was absent from the meeting and announced the City Council would take action on Poway vs. Ohio Teachers Retirement under Item 5B, and gave the City Attorney direction regarding Town & Country Shopping Center vs. Poway. 4625 Page 4 - CITY OF POWAY - July 14, 1992 ITEM 5A (1002-01R) ACQUISITION OF LONGS DRUG STORE FOR LIBRARY ENVIRONMENTAL ASSESSMENT Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report byDirector of Planning Services Wright-Quastler. On May 5, 1992 the City Council initiated the acquisition of the former Longs Drug building for use as a new public library. The City received a letter today from the attorney of the Town & Country Shopping Center owners objecting to staff's recommendation of issuance of a Negative Declaration primarily due to safety concerns. Staff has reviewed the letter and continues to recommend issuance of a Negative Declaration because the concerns are not matters of environmental impact. Speaking in opposition to staff recommendation: Howard Stacklin, 13149 Tobiasson Road Steven Wall, 600 W. Broadway, #2600, Luce, Forward, Hamilton & Scripps, attorneys for the owners of Town & Country Shopping Center adjacent to this property. Motion by Councilmember McIntyre, seconded by Councilmember Emery to close the public hearing and issue a Negative Declaration. Motion carried 3-1 with Councilmember Snesko voting "no." ITEM 5B 602-01, #939) ACQUISITION OF PROPERTY LONGS DRUG STORE FOR LIBRARY Staff report by City Attorney Eckis. On June 12, lg92 a Complaint in Condemnation was filed to acquire the Long Drug Store site. A negotiated settlement calls for the Poway Redevelopment Agency to pay $1.6 million to Ohio Teachers Retirement (OTR} with Longs Drug paying the City $400,000 for surrender of their leasehold. OTR and Longs are requiring a hold harmless and indemnification agreement against claims by third parties resulting from the transfer or use of the property to the Agency. City Attorney Eckis stated he has reviewed a suit filed by Town & Country Shopping Center and does not believe it has a meritorious claim of action against Longs or OTR. The lawsuit does not attempt to prevent the sale. Also, the damages alleged appear to be repetitive, not cumulative. He also does not believe that the indemnification agreement provides any additional exposure to the City/Agency. He recommends the Council approve the settlement and authorize the City Attorney to deliver documents to escrow conditioned upon the assignment by OTR and Longs of their rights to the City/Agency and satisfaction of the City Attorney regarding easement conditions and restrictions. Councilmember Snesko expressed concern that the lawsuit filed will delay the library and stated he is not in favor of this action. 4626 Page 5 - CITY OF POWAY - July 14, 1992 City Attorney Eckis stated the lawsuit, in the form filed, cannot delay the library. Only the City Council could choose to delay the project. Steven Wall, attorney for Town & Country Shopping Center, confirmed that the dollars quoted by the City Attorney comprise the entire financial side of this transaction, and, upon query by Mayor Goldsmith, stated they do not rule out the use of arbitration to resolve the dispute. Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to instruct the City Attorney to explore arbitration with the Town & Country Shopping Center. Following discussion, the motion and second were withdrawn. Motion by Councilmember McIntyre, seconded by Councilmember Emery to approve the proposed settlement of the subject litigation on the terms and conditions set forth in the staff report and by the City Attorney at this meeting; authorize the City Manager to execute all documents necessary to effect the settlement and acquisition; adopt Resolution No. 92-148, entitled, "A Resolution of the City Council of the City of Poway, California Settling Litigation and Approving the Acquisition of 13536 Poway Road (APN 317-130- 31)." Motion carried 3-1 with Councilmember Snesko voting "no." Motion by Mayor Goldsmith, seconded by Councilmember Emery to direct the City Attorney to continue to explore the use of arbitration to settle the lawsuit with Town & Country Shopping Center. Motion carried 4-0 with Councilmember Higginson absent. ITEM 6 (203-02) TENTATIVE PARCEL MAP 92-02 APPLICANT: PARKWAY BUSINESS CENTRE PARTNERS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a resubdivision of Lots 47, 48 and 49 of Map 12556 (TTM 87-13R), into two lots in the South Poway Business Park, located south of Stowe Drive, northeast of Blaisdell Place, east of Danielson Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing, find the previously certified EIR adequately addresses the impacts and adopt Planning Resolution No. P-92-31, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 92-02, Assessor's Parcel Numbers 318-810-20, 21, 22." Motion carried 4-0 with Councilmember Higginson absent. 4627 Page 6 - CITY OF POWAY - July 14, 1992 ITEM 7 (203-04) VARIANCE 92-06 APPLICANT: STANDARD PACIFIC Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance to allow the construction of a 195 square foot room addition to each of two separate single-family dwellings located at 12837 Palisades Court and 14239 Palisades Drive. Both of the proposed additions will observe a 16 foot side yard setback when 20 feet is required. Staff recommends approval. Speaking in opposition to staff recommendation: Regis Fallon, 14229 Palisades Drive, presented copies of letters he had written to Standard Pacific objecting to the addition next to his home. He stated he was told when he bought his home that no changes would be made to the adjacent properties Shauna Fallon, 14229 Palisades Drive, stated the addition would obstruct their view. Speaking in favor of staff recommendation: Dave Phares, Standard Pacific, 7290 Clairemont Mesa Blvd, San Diego, stated it was a business decision to enlarge seven 3-bedroom homes that have not sold. Five of the homes did not require variances and the neighbor of the sixth did not object to the addition. Following discussion, motion by Councilmember Emery, seconded by Councilmember McIntyre to close the public hearing and approve the variance for Lot 11 and deny for Lot 17, and direct staff to prepare a resolution confirming this action for July 21, 1992. Motion carried 4-0 with Councilmember Higginson absent. ITEM 8 (203-21, SP 89-06) CONDITIONAL USE PERMIT 89-10 MODIFICATION APPLICANT: CITY OF POWAY (OLD POWAY PARK) Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a 705 square foot addition to the Hamburger Factory, a 940 square foot patio with trellis, and 465 additional square feet covered by a new porch at 14122 Midland Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the public hearing and adopt Planning Resolution No. P-92-32, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 89-10, Assessor's Parcel Numbers 314-202-16 through 30." Motion carried 4-0 with Councilmember Higginson absent. 4628 Page 7 - CITY OF POWAY - July 14, lg92 ITEM 9 (701-04) ORDINANCE NO. 365 PROHIBITING PICKETING OF PRIVATE RESIDENCES Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 365, "An Ordinance of the City of Poway, California, Adding Chapter 9.02 to the Poway Municipal Code Prohibiting the Picketing of Private Residences." Staff report by City Manager Bowersox. In 1988 the U.S. Supreme Court held constitutional a local ordinance which prohibited picketing directed at a single residence. Some years ago this issue came before the City Council and it was raised again recently in a letter from the Poway Civic Association. Staff has prepared an ordinance that would prohibit picketing the homes of individuals within the community. Speaking in favor of staff recommendation: Carl Kruse, 17187 Tam O'Shanter Drive Bruce Tarzy, 15912 Ranch Hollow Road, stated his home has been picketed because he is an OB\GYN who performs abortions Mike Fry, 12819 Selma Court, Poway Civic Association Lynette Perkes, 15832 Lime Grove Road Larry Cruse, 13734 Utopia Road Speakers stated they are not targeting the beliefs of individuals, but their behavior, and harassment should not be allowed. Speaking in opposition to staff recommendation: Howard Stacklin, 13149 Tobiasson Road, stated an individual's freedom is being taken away by this Ordinance. Motion by Councilmember Emery, seconded by Mayor Goldsmith to hold first reading and set second reading for August 4, 1992. Following some discussion regarding the timing of this Ordinance coming just.before the election and getting the City involved in the abortion battle which we have no part in, Councilmember Emery and Mayor Goldsmith withdrew the motion and second. Motion by Councilmember McIntyre, seconded by Councilmember Snesko to close the public hearing, receive and file this report, and direct staff to continue to monitor what other cities are doing in this area. Motion carried 4-0 with Councilmember Higginson absent. Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct staff to bring this Ordinance back to the City Council following the November election. The motion failed on a 2-2 vote with Councilmember Snesko and Mayor Goldsmith voting "no." Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct staff to report back on this issue in six months and request direction from the City Council. Motion carried 4-0 with Councilmember Higginson absent. {Councilmember Snesko left the room at this time.} 4629 Page 8 - CITY OF POWAY - July 14, 1992 ITEM 10 (401-27) CITY LIGHTING DISTRICT ASSESSMENTS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Assessments for the City Lighting District are proposed to remain the same at $15.00 per unit in areas with direct benefit and $3.75 for areas without direct benefit. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the public hearing and adopt Resolution No. 92-149, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for the Poway Lighting District to be Collected on the Property Tax Roll for Fiscal Year 1992-93." Motion carried 3-0 with Councilmember Snesko out of the room and Councilmember Higginson absent. ITEMS 11, 12, 13 (701-04) ORDINANCES NO. 362, 363, 364 ZONE CHANGES 92-01A, 92-01B, 92-01C) Mayor Goldsmith read the titles of Ordinances No. 362, 363,and 364. Staff report by City Manager Bowersox. These zone change ordinances had their first reading on June 23, 1992 in connection with General Plan Amendment 92-01. ZC 92-01A changes 1.2 gross acres located south of Monte Vista Road near its easterly terminus from RS-7 to CO, ZC 92-01B changes 16.29 acres located at the northeast corner of Metate Lane and Pomerado Road from RS-1 to RS-7 and OP-RM, ZC 92-01C changes 50.4 acres located in the southeast quadrant of the intersection of Metate Lane and Montauk Street from OS to OS-RM and RR-A. Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt Ordinance No. 362 entitled,"An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property (ZC 92-01A)," Ordinance No. 363 entitled, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property (ZC 92-01B)," and Ordinance No. 364 entitled, "An Ordinance of the City of Poway, California, Changing the Zoning Classif(cation of Certain Property (ZC 92-01C)." Motion carried 3-0 with Councilmember Snesko out of the room and Councilmember Higginson absent. ITEM 14 (203-24) MINOR CONDITIONAL USE PERMIT 89-13 CITIZEN COMPLAINT, 16466 BRONCO LANE Staff report by City Manager Bowersox. In order for all parties to be fully prepared, staff recommends this item be continued to August 4, 1992. Mr. Baldwin, owner of the property, is preparing a written response to the complaints from A1 Pappas, representative of the neighbors. 4630 Page 9- CITY OF POWAY - July 14, 1992 Motion by Councilmember McIntyre, seconded by Councilmember Emery to continue consideration of this item to August 4, 1992. Motion carried 3-0 with Councilmember Snesko out of the room and Councilmember Higginson absent. ITEM 15 (102-OSR) REDEVELOPMENT AGENCY BENEFIT RESOLUTIONS ADOPTION POLICY Staff report by City Manager Bowersox. As part of the settlement of the Smith v. the Poway Redevelopment Agency lawsuit, the Agency was ordered by the Superior Court to adopt policies and procedures to provide for the timely adoption of benefit resolutions. Staff recommends adoption of the policy. Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt policies and procedures for the adoption of benefit resolutions. Motion carried 3-0 with Councilmember Snesko out of the room and Councilmember Higginson absent. ITEM 16 (602-01, #16R) GREGG STREET PUMP STATION REIMBURSEMENT CF POWAY/AGENCY ACQUISITION AGREEMENT AMENDMENT Staff report by City Manager Bowersox. Staff recommends an Amendment to the First Amended and Restated Agency Acquisition Agreement to provide for the acquisition of the Gregg Street Pump Station from CF Poway. Motion by Councilmember Emery, seConded by Councilmember McIntyre to approve the Amendment and adopt Resolution No. 92-150, entitled, "A Resolution of the City Council of the City of Poway, California Determining that a Water Booster Pump Station at the Gregg Street Reservoir in the Pomerado Business Park to be of Benefit to the Paguay Redevelopment Project." Motion carried 3-0 with Councilmember Snesko out of the room and Councilmember Higginson absent. ITEM 27 (701-09) HOUSING COMMISSION CHARTER Councilmember McIntyre pulled this item from the Consent Calendar. Staff report by City Manager Bowersox. Staff has prepared revised wording for the Housing Commission Charter as directed by the City Council on June 30, 1992, however, Council should also discuss changing the membership to no more than three tenants since the City Attorney has stated it may not be possible for tenants to vote on financial issues for any city-owned development. If there were more than three tenants on the Commission it would hamper the Commission's functioning. He also suggested that members not be appointed until after the election. Speaking in favor of staff recommendation: David Rinaldo, 13035 Corona Way, President of the Poway Royal Homeowners, suggested several additional changes to the Charter. 4631 Page 10 - CITY OF POWAY - July 14, lg92 Motion by Councilmember Snesko tO add an appeal process to the Charter. There was no second. Motion by Councilmember Emery, seconded by Councilmember McIntyre to change Section IV, Voting, to read, "Approval of any matter requires four affirmative votes;" Section III, Membership, to state that no more than 3 members shall be residents of city-owned developments; and that the Presidents of the Resident Associations, or their designee, shall be invited to serve as ex officio members; and that appointments won't be made until after the election. Motion carried 4-0 with Councilmember Higginson absent. ITEM 28 CITY MANAGER ITEMS A) City Manager Bowersox reported that AB 2707 passed out of the Housing & Commun-ity Development Committee on July 1, 1992. B) City Manager Bowersox stated that the Wal-Mart Grand Opening would be on August 4, 1992 and commended the Engineering Department for their prompt resolution of the median alteration. c) City Manager Bowersox stated that our sales tax was up 15% in the first quarter over the same period last year. D) City Manager Bowersox stated that the water consumption was up 1% over the same period in 1989 and we are still under a voluntary 10% reduction. ITEM 29 CITY ATTORNEY ITEMS City Attorney Eckis reported he had testified at the FPPC July 2 meeting and the Commission had agreed to eliminate personal liability provisions for City Attorneys and Filing Officers who give advice to filers. MAYOR 30. 31A. 31B & AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery requested a report regarding how we can prevent developers prohibiting horses in large lot subdivisions by CC&R's. Mayor Goldsmith announced that Darwin Drake and Janet Shiba were appointed to the Senior Issues Committee. C. Mayor Goldsmith stated that these were appointments to be made by Councilmember McIntyre, however since her term will expire in November and she is not running for re-election, she has decided to not make appointments that would only be for four months. 4632 Page 11 - CITY OF POWAY - July 14, 1992 33. Councilmember McIntyre requested the discussion of a Technology Watch Informational Group be continued to July 21, 1992. ADJOURNFIENT Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:50 p.m. Marjor~e l~. Wahl s , ' y erk 4633