CC 1990 09-04 CZTY OF I:~dAY, ~.ALZFORHZA
NZNUTE$ OF THE CZTY 1~31JI~ZL REGULAR NEETZI~
SEPTENBER 4: ZggO
The September 4, 1990, regular meeting of the City Council of the City of
Poway, was called to order at 7:30 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
CtXJI~ILNENBER$ PRESENT AT ROLL CALL
Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson
STAFF #E#BER$ PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Patrick Foley
Richard Howard
Peter Moote
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
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Principal Management Analyst
Management Analyst
Management Analyst
Management Assistant
PLEI~E OF ALLEGIANCE
Deputy Mayor Goldsmith led the Pledge of Allegiance.
PUBLI~ ORAL ~(N4~JNZCATIONS
Mayor Higginson explained the procedure for Public Oral Communications.
was no one present wishing to speak.
There
CONSENT CALENDAR
Councilmember Emery pulled Item 12 from the Consent Calendar. City Manager
Bowersox stated that the fire hydrant is not required on Item 16.
Motion by Councilmember Kruse, seconded by Councilmember Goldsmith, to adopt the
Consent Calendar as follows:
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8. Ratification of Warrant Register - August 16, 17, 1990
9. Denial of claim for damages: Andy Castro
10. Adoption of Resolution No. 90-179 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing the Term of Office of
the Deputy Mayor and Rescinding Resolution No. 86-141."
11. Approval of Law Enforcement contract for fiscal year 1990-91.
13. Approval of final map for Tentative Parcel Map 89-05, Pomerado Ridge
applicant; located on Stowe Drive, Lots 7, 8 and 10 of Pomerado Business
Park.
14. Approval of final map for Tentative Tract Map 89-06, Carriage Road
Townhomes; Nexus Development Corporation applicant; located on the northeast
corner of the intersection of Poway and Carriage Roads.
AND
Adoption of Resolution No. 90-180 entitled, "A Resolution of the City
Council of the City of Poway, California, Ordering the Expansion of Poway
Landscape Maintenance Assessment District No. 83-1 With Written Consent of
all Property Owners."
15. Adoption of Resolution No. P-90-66 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development Review
90-60, Assessor's Parcel Number 322-041-32"; Judy Solansky, applicant; a
request to construct a 2,581 square foot two-story single family residence
to be located at 17058 Iron Mountain Drive in the hillside/ridgeline area.
16. Adoption of Resolution No. P-90-67 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development Review
90-62, Assessor's Parcel Number 278-180-65"; James Andrew, applicant; a
request to build a 4,400 square foot two-story home at the western terminus
of Markar Road extension in the hillside/ridgeline area.
18. Acceptance of landscape improvements to Landscape Maintenance District 83-1,
Tentative Tract Map 4191-5R {Rancho Arbolitos-Carriage Road}.
19. Acceptance of landscape improvements to Landscape Maintenance District 86-1,
Tentative Tract Map 87-05 {Serenata}.
20. Award of bid for Telephone Voice Processing System to Dial Pro San Diego,
Inc., in the amount of $29,095.26.
21. Adoption of Resolution No. 90-181 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing a No Parking Zone on
the east side of Midland Road from Edgemoor Street to 115 Feet in a
Southerly Direction."
Motion carried unanimously.
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ITEM 4
UNDERGROUND UTILITY DISTRICT 62
GARDEN ROAD
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersoxo This Is a proposal to establish an underground utility district on
Garden Road from Poway Road to approximately 200 feet east of Acton Avenue.
Garden Road is an arterial collector and it is the city's policy to underground
utilities along arterials. Staff recommends approval.
Speaking in favor of staff recommendation:
Randy Wilkins, 14617 Acton Court
Hal Frlsbie, 14552 Garden Road
Motion by Councilmember Emery, seconded by Councilmember Kruse, to close the
public hearing and adopt Resolution No. 90-182 entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing Underground Utility
District No. 62 in the City of Poway on Garden Road Between Poway Road and 200'
East of Acton Avenue." Motion carried unanimously.
ITEM 4.1
DISPOSITION AND DEVELOPMENT AGREEMENT
BRUCE CAREY
Mayor Higginson stated this public hearing was continued from August 28, 1990.
Staff report by City Manager Bowersox. This is an agreement with a developer to
build a Chrysler/Plymouth dealership west of the existing Dodge dealership at
13655 Poway Road. The conditional use permit for the project was approved
previously. Staff recommends approval of the agreement.
There was no one present wishing to speak.
Motion by Councllmember Goldsmith, seconded by Councllmember Brannon to close
the public hearing and adopt Resolution No. 90-183 entitled, "A Resolution of
the City Council of the City of Poway Approving the Sale by Poway Redevelopment
Agency of Real Property in the Paguay Redevelopment Project Area, Making
Findings of Environmental Impact and Authorizing the Execution of a Disposition
and Development Agreement." Motion carried unanimously.
ITEM 5
MUNICIPAL GOLF COURSE
Staff report by City Manager Bowersox. The Parks and Recreation Committee is
recommending that the City Council authorize a feasibility study of a municipal
golf course in Poway. Staff recommends that the land inventory currently being
done by staff include identification of possible areas for a golf course, with a
feasibility study possibly being authorized as the next step.
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Page 4 - CITY OF POWAY - September 4, 1990
Speaking in favor of staff recommendation:
Warren Hess, 13561 Orchard Gate Drive
Paul Casterline, 16291Martincoit Road
Bob Adams, 13139 Silver Saddle Lane
Ted Rawson, 12873 Indian Trail
Alan Sugarman, 13385 Fallen Leaf Road, Chairman of the Parks and Recreation
Committee
Following discussion, motion by Councilmember Brannon, seconded by Councilmember
Emery, to have staff include sites for a golf course in the land inventory, and
to have staff analyze Mr. Hess' statistical information as part of a
"pre-feasibility study".
ITEM 6
ABANDONED VEHICLES ON PUBLIC ROADWAY
Staff report by City Manager Bowersox. In response to a citizen's complaint at
the August 7, 1990 City Council meeting, staff explained the procedure for
removing vehicles from the public right-of-way. Recommendation is to receive
and file.
Council expressed concern over the length of time it can take to follow the
procedure and requested a bi-annual report regarding complaints of slow
response. They concurred to receive and file the report.
ITEM 7
INITIATIVE PETITION CIRCULATORS
Staff report by City Attorney Eckis. In response to citizens' request at the
August 7, 1990 City Council meeting for an ordinance regulating initiative
petition circulators, he has given the opinion that such regulation is pre-
empted by the State law except in the area of non-discretionary time, place and
manner restrictions. He cited Assembly Bill 3148 which, if passed, would
preclude local regulation. Recommendation is to direct staff to implement
reasonable time, place and manner regulations.
Speaking in opposition to staff recommendation:
Jerry Hargarten, 13622 Orchard Gate Road
Larry Kruse, 13734 Utopia Road
Peggy Gentry, 14794 Poway Mesa Drive
Speakers expressed concern over misrepresentation by circulators and stated they
want the citizens to be well and accurately informed.
Council concurred that we should support the State legislation that requires
paid circulators to verbally disclose information regarding the source of their
compensation and suggested the civic associations could do an education campaign
for Poway citizens on their rights in regards to petition circulators.
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Page 5 - CITY OF POWAY - September 4, 1990
Motion by Councilmember Brannon, seconded by Councilmember Emery to follow the
status of AB 3148 and report back; and investigate ways of regulating
circulators without lnfrlnglng on their rights of freedom of speech. Motion
carried unanimously.
ITEM 7.1
PROPERTY ACQUISITION - FAABORG
Staff report by City Manager Bowersox. As part of the effort to locate the new
library and future city hall in the Old Poway section of Midland Road, staff is
recon~ending that the City Council/Redevelopment Agency consider purchasing
property at 13564 Aubrey Street for parking area.
Speaking in opposition to staff recommendation~
Peggy Gentry, 14794 Poway Mesa Drive, asked about
City Hall.
feasibility study for
Motion by Councilmember Brannon, seconded by Councilmember Emery to adopt
Resolution No. 90-184 entitled, "A Resolution of the City Council of the City of
Poway, California, Determining that the Acquisition of a Parking Area is of
Benefit to the Paguay Redevelopment Project and the Immediate Neighborhood in
which the Project is Located and Determining that there are no other Reasonable
Means of Financing Said Public Improvements." Motion carried unanimously.
City Manager Bowersox stated he will have a needs assessment for City Hall
presented to Council before Christmas, 1990.
ITEM 7.2
NO PARKING ZONES AT POWAY HIGH SCHOOL
Staff report by City Manager Bowersox. The Traffic Safety Committee has
recommended parking restrictions in the neighborhoods adjacent to Poway High
School from 8 - 1D a.m., Monday through Friday, to prevent students from parking
in the residential zones, and rescinding the "no parking" zone on the east side
of Riparian Road. This action is necessary because of the continued increase in
students driving to Poway High School.
Council discussion included the suggestion to place a discussion of controlling
the number of students who drive on the agenda for the joint City Council/School
Board subcommittee meeting; need to have agreement with PUSD that when Rancho
Bernardo High School opens and modular buildings are removed from the Poway High
campus that the area will revert to parking spaces; and getting a copy of
SANDAG'S college Transportation Management Association element for suggestions.
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Page 6 - CITY OF POWAY - September 4, 1990
Motion by Councllmember Brannon, seconded by Councilmember Emery to adopt
Resolution No. 90-185, entitled, "A Resolution of the City Council of the City
of Poway, California, Establishing a No Parking Zone from 8:00 A.M. to 10:00
A.M., Monday through Friday, except Holidays, on Rock Creek Road; Summer Sage
Road from Espola Road to Riverbend Road; Sand Hill Road from Espola Road to Bent
Tree Road, Bounty Way; Eden Grove from Espola Road to 500 feet south of Eden
Grove; Willow Ranch Terrace; Mesquite Tree Terrace; Willow Ranch Road; the West
Side of Riparian Road from Titan Way to Oakstand Road; and Remove the No Parking
Zone on the East Side of Riparian Road from Titan Way to 885 Feet South of Titan
Way." Motion carried unanimously.
ITEM 12
PERFORMING ARTS ADVISORY COMMITTEE CHARTER
Mayor Higglnson stated this item was pulled from the Consent Calendar by
Councilmember Emery and is requested to be continued one week in order to answer
a question he has. Motion by Councilmember Emery, seconded by Councilmember
Goldsmith to continue this item to September 11, 1990. Motion carried
unanimously.
ITEM 22
CITY MANAGER ITEM
City Manager Bowersox invited the Councilmembers to be part of the City softball
team in the Annual City/Chamber Softball Game to be held September 27, 1990.
CITY COUNCIL INITIATED ITEMS
24. A)
Council concurred with Councilmember Brannon's request that the
appointment to the ADAPT Business Council be referred to the Business
Advisory Committee.
B) Council concurred with Councilmember Brannon's request to oppose the
use of Federal Motor Fuel Tax for deficit reduction.
28. A)
Mayor Hlgginson announced the appointment of Dennis Masur of Ozzie's
Music to the Performing Arts Advisory Committee as a San Diego Arts
CoFiwi)unity appointment.
B)
Mayor Hlgginson stated he had received a letter from Alan Sugarman,
Chairperson of the Parks and Recreation Con~nittee, requesting the
Council set parameters for the Youth Sub-Committee of the Parks and
Recreation Committee. Following discussion with Alan Sugarman, the
Council concurred that the Parks and Recreation Committee should hold a
workshop and invite as many youth organizations as possible, including
church groups, high schools and middle schools, to get their input and
then the City Council will hold a workshop.
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Page 7 - CITY OF POWAY - September 4, 1990
c)
Mayor Higginson stated he had placed this item on the agenda in
response to citizen requests; however since the last meeting we have
received a waiver of time from the attorney representing CalMat and the
workshop is a moot point since a rehearing will be held.
City Manager Bowersox stated that the rehearing of the CalMat-Poway Conditional
Use Permit has been advertised for September 18, 1990 since the time waiver was
not received from CalMat in a timely manner. However, we now have the waiver
and staff will be recommending a time extension of the existing county-issued
Conditional Use Permit to March 27, 1991, with the rehearing to be held in
February. This will give the applicant time to get financial data to staff and
give staff time to analyze it and prepare a staff report for the rehearing.
Staff will be recommending some additional conditions to the time extension,
including only using the stockpiled materials from CF Poway so that currently
unmined areas will remain that way in order to conduct a true spring biological
survey; suspend requirements of the reclamation plan until a new Conditional Use
Permit is adopted; limiting hours of operation and maintenance activities;
proceed immediately with design of haul road so that it can be submitted for
plan check in January.
City Attorney Eckis stated that if CalMat does not concur with the added
conditions, the rehearing will have to be held on September 18, 1990.
Speaking in favor of staff recommendation:
Jerry Hargarten, 13622 Orchard Gate Road
Randy Wilkins, 14617 Acton Court
Peggy Gentry,14794 Poway Mesa Drive
William Schwartz, 401 "B" Street, San Diego
Speakers encouraged the Council to have a workshop prior to the public hearing
and Mr. Schwartz stated he will have a response regarding the added conditions
to the City Manager in a day or two.
Following discussion, motion by Councllmember Brannon, seconded by Councilmember
Goldsmith, to hold a workshop on February 7, 1991, at 7 p.m. and the rehearing
on March 5, 1991, at 7 p.m., both meetings to be at the Community Center and the
same notice given as a public hearing, with the staff report to be finished and
available to the public no later than January 31, 1991. Motion carried 4-1 with
Councilmember Emery voting "no."
AI~OURHgEgT
Upon motion by Councilmember Goldsmith, seconded by Councilmember Kruse, Mayor
Higginson ordered the meeting adjourned. The time of adjournment was 10:35 p.m.
Marjor!e\K. Wahlsten, City Clerk
City ot[~oway
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