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CC 1992 10-20 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR NEETING OCTOBER 20, 1992 The October 20, 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. 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 Bob Krans Steve Streeter Yolanda Collins David Narevsky 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 Fire Battalion Chief Assistant Director of Planning Services Sheriff's Captain Redevelopment Manager Principal Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 610 led the Pledge of Allegiance. PROCLAMATION Mayor Goldsmith proclaimed October 24 - November 1, 1992 as "Red Ribbon Week" and presented the proclamation to Phil Factor and Judy Bauer, Board members of CONTACT. PRESENTATION Alice Tana representing the Military Spouses Business & Professional Network made a presentation to Janet Harper, member of the city's Budget Review Committee and community volunteer. Janet will be moving to Hawaii in 1993 due to her husband's transfer. Mayor Goldsmith presented a Certificate of Commendation to Janet. PUBLIC ORAL COMHUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. 4702 Page 2 - CITY OF POWAY - October 20, 1992 CONSENT CALENDAR City Manager Bowersox requested the action on Item 20 include authorizing the City Manager to execute the contracts. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council: September 29, 1992, Regular Meeting October 1, 1992, Adjourned Regular Meeting 13. Ratification of Warrant Registers - September 25, October 1, 1992. (401-10) 14. Denial of claims for damages: A) Clements; B)DeBont; C)Barno. (704-13) 15. Approval of the extension of term of the Poway Road Specific Plan Advisory Committee to July 30, 1993. (701-09) 16. Release of the monument bond for Tentative Tract Map 87-11, Jonathan Park Lane, Stratford Communities, applicant; located north of Twin Peaks Road on Merritt Park Lane. (602-01, #686) 17. Approval of transfer of the Landscape Worker position from part-time employee to a contractual position; and transfer of funds to Haley Park Estates. (504-05) 18. Adoption of Resolution No. 92-188, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Transfer of Real Property by the Poway Redevelopment Agency Pursuant to an Owner Participation Agreement with McMillin Communities, Inc." as a condition of Tentative Tract Map 88-04R. (203-01) 19. Receive and file report regarding traffic conditions, Community Road between Poway Road and Hilleary Place. (1160-01) 20. Award of bid for Community Kiosk Program to DesignMedia of Poway for construction in the amount of $8,200 and maintenance at $35 per hour and to SunCal of San Diego for sign panel printing; appropriate $9,700 from the General Fund unappropriated reserves; and authorize the City Manager to execute the contracts. (602-01, #961 & 962) 21. Extension of Library Advisory Committee term to February 28, 1993. (701-09) 22. Receive and file summary report regarding the 1992 State Legislative activities. {701-11} Motion carried unanimously. 4703 Page 3 - CITY OF POWAY - October 20, 1992 ITEM 5 (203-08) CONDITIONAL USE PERMIT 92-05 DEVELOPMENT REVIEW 92-06 APPLICANT: DON McLEAN Staff report by City Manager Bowersox. This is a request to construct and operate a 7,200 square foot day-care facility for a maximum of 144 children on a 1.35 acre site located at the southwest corner of Pomerado Road and Camino del Norte. This project was anticipated by the Real Property Exchange and Settlement Agreement reached in November, 1990 between the City and San Marcos Development Company. The applicant has met with the neighbors to answer their concerns and staff recommends approval with changes in conditions submitted in two additional staff reports. Speaking in favor: Don McLean, 1740 Vakas Drive, E1Cajon. Motion by Councilmember Snesko, seconded by Councilmember Higginson to close the public hearing, issue a Negative Declaration with Mitigation Measures; and adopt Planning Resolution No. P-92-54, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 92-05 and Development Review 92-06, Assessor's Parcel Number 314-670-71," as amended. Motion carried unanimously. ITEM 6 (203-04) VARIANCE 92-14 MINOR DEVELOPMENT REVIEW 92-35 APPLICANT: GREG AGEE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a variance to allow a 3,500 square foot single story, single family home to be constructed observing ten foot side yard setbacks where twenty foot setbacks are required, at 15832 Lime Grove Road. This lot is substandard in size and minimum lot width for the RR-C zone as are several in the Green Valley Highlands area and staff recommends approval. Speaking in opposition to staff recommendation: Lynnette Perkes, 15832 Lime Grove Road, requested a continuance on behalf of the Highlands Architectural Control Committee. Speaking in favor of staff recommendation: Greg Agee, 13348 Old Winemaster Court surrounding property owners. stated he has met with the 4704 Page 4 - CITY OF POWAY - October 20, 1992 Since it is the City's policy to give notice to Homeowners Associations about projects pending in their area, motion by Councilmember Emery, seconded by Councilmember McIntyre to continue consideration of Variance 92-14 and Minor Development Review 92-35 to October 27, 1992. Motion carried unanimously. ITEM 7 (203-02) TENTATIVE PARCEL MAP 89-04 TIME EXTENSION APPLICANT: JIM ROBERTS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a second one-year time extension for a previously approved subdivision of 2.7 acres into four parcels located at the southwest corner of Del Poniente Road and Espola Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to close the public hearing, find that the Negative Declaration previously issued addresses the concerns of this project and adopt Planning Resolution No. P-92-55, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 89-04TE(2), Assessor's Parcel Number 321-011-16." Motion carried unanimously. ITEM 8 (203-24) MINOR CONDITIONAL USE PERMIT 92-03 APPLICANT: DON PATCH/POWAY ELKS LODGE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate a private club selling alcoholic beverages in the existing building located at 13219 Poway Road. Staff recommends approval. Speaking in favor of staff recommendation: Don Patch, 14005 Midland Road, engineer representing the Elks, asked about the fire hydrant requirement. Director of Planning Services Wright- Quastler suggested the condition be amended to require the fire hydrant subject to review by the Fire Marshall. Gary Merritt, 13134 Leaila Lane, explained the Elks' community service programs and requested the following changes to the conditions: open at 8 a.m. on Sunday, close at midnight Monday through Thursday, eliminate the condition to submit their membership roster and reduce the permit fees. Staff concurred with all but the fees since the Council has never waived permit fees and they are charged to recoup actual costs. Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing and adopt Planning Resolution No. 92-56, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional 4705 Page 5 - CITY OF POWAY - October 20, 1992 Use Permit 92-03, Assessor's Parcel Number 317-473-3, 4 and 5," with requested changes in the operating hours, elimination of the requirement to provide a membership roster, and making the fire hydrant requirement subject to review by the Fire Department. Motion carried unanimously. ITEM 9 (203-04) VARIANCE 92-15 APPLICANT: ROBERT BROWNFELD-FIRESTONE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a new auto service use to operate in an existing commercial building located at 13508 Pomerado Road where a total of 83 parking spaces will be available and existing parking standards require a minimum of 93 parking spaces. Staff recommends approval. Speaking in opposition to staff recommendation: Brad Petersen, 14670 Helen Park Lane, Poway Import Car Specialists Steve Strand, 13506 Pomerado Road, Econo Lube & Tune Speakers expressed concern over lack of parking and need for safer access from Pomerado Road. They each have businesses in this existing complex. Speaking in favor of staff recommendation: Bob Brownfeld, 17782 Wearing Lane, San Diego, Firestone manager Joe Oliva, Willdan Associates, 6363 Greenwich Drive, San Diego, reported on the traffic study he had done that supports this variance request Bob Petrich, 453 Vista del Escuela, E1 Cajon, commercial broker for the center Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing, adopt Planning Resolution No. 92-57, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 92-15, Assessor's Parcel Number 317-021-27," and direct staff to investigate the need for a no parking zone on Pomerado Road at the driveway entrance to this complex. Motion carried unanimously. ITEM 10 (1180-03) COMPLAINTS REGARDING AUTO-RELATED BUSINESSES IN 13900 BLOCK OF POWAY ROAD Councilmember McIntyre disqualified herself from discussion of this item and left the room. Staff report by City Manager Bowersox. On March 24, 1992 the City Council received a staff report concerning complaints received from residential neighbors about the operating practices of the owners/operators of auto repair shops located in the 13900 block of Poway Road as it affects their residential 47O6 Page 6 - CITY OF POWAY - October 20, 1992 neighbors to the south. The situation has improved and staff recommends the City Council receive and file the report and direct staff to continue monitoring the situation. Councilmember Snesko stated he had asked the residents to call him at home whenever there was a problem and he would talk to the business owners. He has only had one call since March which indicates a great improvement. Council concurred to receive and file and direct staff to continue monitoring the situation. ITEM 23 CITY MANAGER ITEMS Ao City Manager Bowersox reported that there have not been any additional fruit flies trapped in Poway. City Manager Bowersox reported that the first day of the Old Poway Farmers Market, October 17, had been a great success. Director of Planning Services Wright-Quastler stated that the revenue for the day was $5,300. Projections were $4,000 per week for the first six months. ITEM 24 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant §54956.9(a), Vasquez vs. City of Poway. to Government Code MAYOR AND CITY COUNCIL-INITIATED ITEMS 25A. Councilmember Emery stated he had submitted material on the 1-15 corridor planning study for information only and did not require discussion. 25B. Councilmember Emery stated the MTDB allocation proposal is moot at this point and does not require discussion. (1503-26) 25C. Councilmember Emery stated he has the name of someone who wants to serve on the Poway Road Specific Plan Advisory Committee. Mayor Goldsmith has a vacancy to fill and he requested this be scheduled on the October 27, 1992 agenda. CLOSED SESSION Mayor Goldsmith adjourned the meeting into closed session at 8:06 p.m. Councilmember McIntyre rejoined the meeting in closed session. 4707 Page 7 - CITY OF POWAY - October 20, 1992 CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at 8:24 p.m. and announced the City Council had given the City Attorney direction during closed session. Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., Thursday, October 22, 1992 in the City Council Chambers. The time of adjournment was 8:25 p.m. M~a..rjor~e_~. Wahlsten, City Clerk City o~ay 4708 NOTICE NOTICE IS HEREBY GIVEN THAT THE OCTOBER 20, 1992, COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS FOLLOWING ORDER: REGULAR MEETING OF THE CITY ADJOURNED PURSUANT TO THE Dated: ORDER OF AD3OURNgENT Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned to in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 8:25 p.m. Marjol~ie~K. Wahlsten, City Clerk City qf Pipway, California October 21, lg92 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 October 21, 1992 Marjori~ k~ Wahlsten, City Clerk City of~.?ay, California