Loading...
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. 4886 Page 2 - CITY OF POWAY - May 4, 1993 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. 4887 Page 3 - CITY OF POWAY - May 4, 1993 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. 4888 Page 4 - CITY OF POWAY - May 4, 1993 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. 4889 Page 5 - CITY OF POWAY - May 4, 1993 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.) 4890 Page 6- CITY OF POWAY - May 4, 1993 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. 4891 Page 7 - CITY OF POWAY - May 4, 1993 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 4892