CC 1993 05-04 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR MEETING
NAY 4, 1993
The May 4, 1993, regular meeting of the City Council of the City of Poway,
was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Susan Callery, Bob Emery, Tony Snesko, Don Higginson
COUNCILMENBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Mark Sanchez
Steve Streeter
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Safety Services
Assistant Director of Planning Services
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC OP~AL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
ITEM 8 (602-01, #909)
CLEAN WATER PROGRAM'S EIR FOR
POMERADO WATER RECLAMATION PLANT ALTERNATIVE
Staff report by Director of Engineering Services Weston. The City of Poway
authorized the City of San Diego to prepare a Project Report and EIR for the
Pomerado Water Reclamation Plant. The siting alternatives have been evaluated
by the Clean Water Program and the City of San Diego has certified the EIR which
incorporates the flows from the Pomerado area into the North City Water
Reclamation Plant. Staff recommends concurrence with this certification.
San Diego City Councilmember Behr was present and stated this is a win-win
situation technically, environmentally and fiscally. He suggested a land swap
might be appropriate which would give the City of San Diego ownership of the
treatment plant site. It is the intention of the City of San Diego to turn this
site into open space.
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Motion by Councilmember Emery, seconded by Councilmember Snesko to concur with
the City of San Diego's Environmental Impact Report certification. Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 93-02
APPLICANT: ERB ENGINEERING
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to split a 1.25 acre property into two lots located
at 15050 Espola Road. Staff recommends approval.
There was no one present wishing' to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-22, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Parcel
Map 93-02, Assessor's Parcel Number 321-011-22." Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 5 (203-02
TENTATIVE PARCEL MAP 89-12 TIME EXTENSION
APPLICANT: ERB ENGINEERING
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one year time extension of a previously
approved subdivision of 12.6 acres into four lots; located at the easterly
terminus of Orchard View Lane. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-93-23, entitled, "a Resolution
of the City Council of the City of Poway, California, Approving Tentative Parcel
Map 89-12TE(2), Assessor's Parcel Number 321-031-18." Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 6 (203-04)
VARIANCE 93-06/MINOR DEVELOPMENT REVIEW 93-15
APPLICANT: ROBERT & CAROLYN SUE MOHLER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a five-foot side yard setback variance at
15486 Markar Road. Staff recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Callery, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-93-24, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 93-06 and
Minor Development Review 93-15 Hillside/Ridgeline, assessor's Parcel Number 278-
180-65." Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 7 (1002-03)
DISPOSITION OF FORMER LONGS DRUG STORE
Staff report by City Manager Bowersox. As a result of a lawsuit, the City
Council has decided to not put the library in the former Longs Drug Store at
13536 Poway Road. Staff recommends it be declared surplus.
Motion by Councilmember Snesko, seconded by Councilmember Emery to declare the
property surplus and authorize its disposal, and instruct the Redevelopment
Agency staff to attempt to locate a suitable user and/or purchaser of the
property. Approved staff recommendation 4-0 with Councilmember Cafagna absent.
ITEM 9 (1180-03)
LANDSCAPING POMERADO ROAD WALL
SOUTH OF METATE LANE
Staff report by City Manager Bowersox. At the April 20, 1993 City Council
meeting, Fran Davenport asked why there is no landscaping on the wall on the east
side of Pomerado Road, south of Metate Lane. This wall was built by CF Poway and
their soils consultant concluded that additional water from landscaping might
decrease the stability of the underlying native soils so no landscaping was
installed. Staff recommends the report be received and filed. Council
concurred.
ITEM 10 (1401-14)
BLUE SKY ECOLOGICAL RESERVE STATUS
Councilmember Callery is serving on the Blue Sky Task Force which was formed
following the April 15 workshop with the State Department of Fish & Game
representatives. They have met once and the State is interested in what we can
offer to keep the reserve open to the public. She requested Council concurrence
to offer one-half salary of a full-time naturalist for a three year period if the
state will guarantee the full-time position for the three years and if the fund
raising efforts of the Friends of Blue Sky will go to reimburse the City for its
contributions. Council suggested staff talk to PUSD regarding assistance since
the reserve is heavily used by school classes.
Council concurred that the proposed offer be made.
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ITEM 10.1 (405-01R)
TAX ALLOCATION REFUNDING BONDS, SERIES 1993
Staff report by City Manager Bowersox. Authority is being requested for issuance
of $110 million in Subordinated Tax Allocation Refunding Bonds, Series 1993.
These bonds will refund previously issued 1989 and 1991 bonds, resulting in
approximately $92,400 in annual debt service savings, and a new bond issue of
$45.7 million to finance a variety of redevelopment capital improvement and low
and moderate income housing projects.
Speaking in favor of staff recommendation:
Tom Woertz, 12638 Hedgetree Court, representing Poway Pony/Colt League
asked if the field renovation at Poway High School includes lights.
City Manager Bowersox stated it does.
Don Glover, 15964 Lime Grove Road, also with Poway Pony/Colt League
Motion by Councilmember Snesko, seconded by Councilmember Emery to adopt
Resolution No. 93-068, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving the Issuance by the Poway Redevelopment Agency
of its Paguay Redevelopment Project Area, Subordinated Tax Allocation Refunding
Bonds, Series 1993 and Making Certain Determinations Relating Thereto." Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 10.2 203-08)
REQUEST FOR REHEARING
CONDITIONAL USE PERMIT 92-10
APPLICANT: RICHARD DARR
Staff report by City Manager Bowersox. This is a request for the rehearing of
Conditional Use Permit 92-10 which was denied by the City Council on April 20,
1993. The applicant has submitted new information compiled from crime statistics
from other fun center operations. Staff does not believe that this information
constituted sufficient "new and different evidence not available at the previous
hearing" to warrant a rehearing and recommends denial of this request.
Speaking in opposition to staff recommendation:
John Ziebarth, 800 W. Ivy, Ste. E., San Diego, Mr. Dart's architect stated
he was concerned that the process followed on April 20 was not fair
in that a motion to deny was made before all the public testimony
was given.
David Butler, 12729 La Vista Way.
City Attorney Eckis stated there was nothing defective procedurally in the April
20th hearing.
Councilmember Snesko made a motion to rehear this application stating he does not
believe this project would have a severe effect on the neighbors. There was no
second.
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Motion by Councilmember Emery, seconded by Councilmember Callery to deny the
request to rehear stating they have not found anything new or different in the
information presented. Motion carried 3-1 with Councilmember Snesko voting "no"
and Councilmember Cafagna absent.
City Attorney Eckis stated that, although the Municipal Code prohibits
application for a conditional use permit for one year after it has been denied,
the City Council can waive this condition.
ITEM 16 (401-22)
NEIGHBORHOOD LOAN PROGRAM
PAVING BUDWIN LANE
Item introduced by City Manager Bowersox. The residents of Budwin Lane, north
of Twin Peaks Road, have requested assistance with the paving of Budwin Lane.
The unpaved portion has experienced major erosion from water coming off the
Huntington Gate development, property originally subdivided by Jimmie Lee Roberts
and now owned by the Resolution Trust Corporation (RTC).
Staff report by Director of Engineering Services Weston. The developer of the
subdivision went bankrupt before installing the drainage improvements required.
The holder of the performance bond was a savings & loan that was taken over by
the RTC so there is no recourse to get the improvements installed until someone
proceeds with development. The north-south portion of this road has a public
water main that needs protection and staff recommends 25% participation in this
cost.
Speaking in opposition to staff recommendation:
Jim Hendershaw, 14822 Budwin Lane
Carole Sheets, 14961Budwin Lane
Barbara Brown, owner of Twin Peaks Retirement Home, 14755 Budwin Lane
Sally Hendershaw, 14822 Budwin Lane
Speakers requested the city pay a larger potion of the cost since the unfinished
subdivision is the main cause of the erosion.
Councilmember Snesko disqualified himself from participation in the discussion
due to a potential conflict of interest and left the room at this point.
City Attorney Eckis stated the Council can spend public money on a private road
only to the extent that there is a public benefit.
Council discussed ways of recouping funds expended from a future owner of the
subdivision. They requested staff look at alonger period of time for repayment,
a larger percentage paid by the city, getting San Diego Gas & Electric to
contribute to the project, or any other means that could ease the burden on the
property owners. Motion by Councilmember Emery, seconded by Councilmember
Callery to continue this item to May 18, 1993. Motion carried 3-0 with
Councilmember Snesko disqualified and Councilmember Cafagna absent.
(Councilmember Snesko re-entered the meeting.)
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ITEM 17 203-15)
COMPREHENSIVE SIGN PROGRAM MODIFICATION CSP 87-03(2M)
This item was pulled from the Consent Calendar by Councilmember Emery. Staff
report by City Manager Bowersox. The owners of Poway Plaza have requested a
modification to their comprehensive sign program to provide for greater
flexibility in the use of color and letter styles along with a redefinition of
"major tenants." Staff recommends approval. In addition they have requested a
modification to the sign ordinance to allow a split sign panel for monument signs
in shopping centers. Councilmember Emery clarified that this would not change
the allowed size or height of the signs.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Planning Resolution No. P-93-25, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Comprehensive Sign Program 87-03M(2),
Assessor's Parcel Number 317-473-12, 16," and direct staff to prepare an
amendment to the sign ordinance as requested. Motion carried 4-0 with
Councilmember Cafagna absent.
CITY ATTORNEY ITEMS
City Attorney Eckis reported that Mayor Higginson is the new alternate for the
steering committee discussing the solid waste participation agreement, replacing
the Mayor of San Marcos. They meet again next Monday and a discussion of this
issue has been scheduled for our May 11 City Council meeting. The biggest
concern is what happens if we commit 50% of our flow to the County in order for
them to sell bonds to improve the San Marcos Landfill and then are unable to
reach agreement in the next year on governance of the solid waste system.
City Attorney Eckis requested a closed session pursuant to Government Code
§54957.6 to instruct the City Manager regarding meet and confer with the
employees.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24.
Mayor Higginson confirmed that Jerry Leininger, Poway High School
Principal, has been appointed by the Poway Unified School District to the
Performing Arts Advisory Committee, replacing Fred Van Leuven.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:50 p.m. to instruct the city's
negotiator in meet and confer with the city's employees.
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CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:20 p.m., announced that
instructions had been given and adjourned the meeting on motion by Councilmember
Callery, seconded by Councilmember Snesko.
Marjori~ )~. Wahlsten, City Clerk
City off, ay
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