CC 1991 04-23 CITY OF POWAY,, CALIFQRNZA
NIHUTE$ OF THE CITY CGUNCIL REGULAR NEETING
APRIL :~3, 1991
The April 23, 1991, regular meeting of the City Council of the City of
Poway, was called to order at 7:01 p.m., by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
CGUItClLNEMER$ PRESEHT AT ROLL CALL
Bob Emery, Don Higglnson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF NENBER$ PRESEHT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Mark Sanchez
Penny Riley
Pamela Colby
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 Program Manager {DART}
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAI~TIOH
Mayor Goldsmith presented a proclamation
21-27, 1991, as "National Volunteer Week."
to Murray Freiman,
declaring April
PUBLIC ORAL CQNNUHZCATIQH~
Mayor Goldsmith explained the procedure for Public Oral Communications.
1. Larry Cruse, 13734 Utopia, stated a workshop should be held in the
evening regarding the Housing Element, not just in the afternoon.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt the
Consent Calendar as follows:
12. Approval of Minutes - City Council: April 2, 1991, Regular Meeting
April 8, 1991, Joint Meeting with Poway Unified School District
April 9, 1991, Regular Meeting
14. Ratification of Warrant Register for April 4, lg91.
15. Acceptance of Community Park preschool playground equipment installation
from Kompan, Inc. and authorization for City Clerk to record a Notice of
Completion.
16. Award of bid for purchase of tables for the senior center to
Beckley-Cardy, Inc. in the amount of $11,83D.86 and appropriation of
$8,830.86 from the unappropriated general fund.
17. Acceptance of public improvements installed by McMillin Co,,mmunities for TTM
87-05, Serenata, located north of Espola Road and west of Valle Verde Road
and authorize release of certain securities.
18. Acceptance of public improvements installed by Western Developers for Poway
Auto Spa located at the southwest corner of Poway Road and Golden Way and
authorize release of certain securities; Conditional Use Permit 89-04.
19. Adoption of Resolution No. 91-037, entitled, "A Resolution of the City
Council of the City of Poway, State of California, Accepting the Dedication
of a Certain One-Foot Wide Strip of Land Lying Within City of Poway Tract
No. 3842-3, Map No. 9771: Old Winery Road," TTM 88-11.
20. Adoption of Resolution No. P-91-24, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
91-13, Assessor's Parcel Number 317-281-15, 16" for a circus sponsored by
the Chamber of Commerce to be held on May 4, 1991.
21. Allocation of $37,000 in fiscal year 1990-91 and $444,000 in fiscal year
1991-02 for a toilet retrofit rebate program.
22. Approval of the following positions on pending legislation: support SB 169
repealing booking fees; support SB 203 which would repeal SB 2557 which
established booking fees; support SB 82 which provides for more frequent
reassessment of business property; support SCA 11 which would provide for a
majority vote rather than two-thirds for general obligation bonds; oppose AB
1865 allocating sales tax from redevelopment area to other taxing agencies;
oppose SB 837 which liberalizes the cancer presumption for firefighters;
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oppose SB 838 which adds certain classiflcatlons to the cancer presumption;
oppose SB 1019 which requires agencies to consider zoning and design review
as constraints to be analyzed in the assessment of housing needs and include
zoning provisions to permit multi-family rental residential use by right;
support AB 2092 which allows a six-month extension for planning deadlines
for source reductJon, recycling, and household hazardous waste elements,
Motion carried unanimously.
ITEM 5
TENTATIVE PARCEL MAP 91-02
OWNER: BANK OF SAN DIEGO
Mayor Goldsmith opened the public hearing. City Manager Bowersox stated that
the owner's representative has requested this item be continued and the City
Attorney recommends a one-week continuance.
There was no one present wishing to speak.
Motion by Councllmember Htgglnson, seconded by Councllmember McIntyre to continue
consideration of Tentative Parcel Map 91-02 to April 30, 1991. Motion carried
unanimously.
ITEM 6
TENTATIVE PARCEL MAP 91-03
OWNER: BANK OF SAN DIEGO
Mayor Goldsmith opened the public hearing. City Manager Bowersox stated that
the owner's representative has requested this item be continued and the City
Attorney recommends a one-week continuance.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to con-
tinue consideration of Tentative Parcel Map 91-03 to April 30, 1991. Motion
carried unanimously.
ITEM 7
SPECIFIC PLAN AMENDMENT 84-01I
CONDITIONAL USE PERMIT 91-03
APPLICANT: SHELL SCOTT/BATTERS BOX
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to approve a specific plan amendment to allow
indoor recreational uses and a request to locate indoor batting cages for
private instruction in an existing building at 12528 Kirkham Court. Staff
recommends approval.
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There was no one present wlshtng to speak.
Motion by Councllmember Hlgglnson, seconded by Councllmember Emery, to close the
public hearlng and adopt Resolution No. 91-038, entitled, "A Resolution of the
City Council of the City of Poway, California, Amending the South Poway Specific
Plan (SP 84-01I), and Plannlng Resolutlon No. P-91-25, entltled, "A Resolution
of the City Council of the City of Poway, Californla, approving Conditional Use
Permit 91-03, Assessor's Parcel Number 317-225-04." Motion carried unanimously.
ITEM 8
ORDINANCE NO. 339 - FIRST READING
SPEED LIMIT ON METATE LANE
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
339, "An Ordinance of the City of Poway, California, Establishing a Speed Limit
of 25 MPH for Metate Lane from 150 Feet East of Rick Street to Pomerado Road."
Staff report by City Manager Bowersox. Council directed preparation of this
Ordinance on March 26, 1991 after considering requests from Metate Lane
residents.
Speaking in favor of staff recon~nendation:
Sydney Myers, 12708 Metate Lane. She also requested additional measures be
taken, such as speed bumps, a stop sign at Carriage and Metate, or
cul-de-sac at the horse stables.
Council discussion included the request for the Transportation Advisory
Committee to review what traffic conditions will be on Metate when the South
Poway Expressway is completed.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to waive
further reading and continue the public hearing to May 7, 1991 for second
reading. Motion carried unanimously.
ITEM 9
OWNER PARTICIPATION AGREEMENT
POWAY LAND, INC./MOBILEHOME PARK
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. In June, 1989, the Agency approved an Owner Participation Agreement
with Poway Land for development of a 65-unit low and moderate income mobile home
park. The cost of the units were estimated at $35,000 each at that time and the
Agency now has firm costs of $50,000 which requires an amendment to the OPA and
appropriation of funds from the low and moderate income housing fund.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Resolution No. 91-039 entitled, "A Resolution of the
City Council of the City of Poway Approving a First Amendment to the Owner
Participation Agreement by and between the Poway Redevelopment Agency and Poway
Land Inc." Motion carried unanimously.
ITEM 10
WATER AVAILABILITY
City Manager Bowersox stated this item will be discussed on April 30, 1991.
ITEM 11
CABLE TV COVERAGE
City Manager Bowersox stated that staff is still meeting with Cox Cable regard-
ing the franchise renewal and televising the City Council meetings. A further
status report will be brought to Council on May 14, 1991.
ITEM 11.1
TRIUMPH/FIELDVIEW STOP SIGN
City Manager Bowersox disqualified himself from any discussion on this item and
left the meeting. Staff report by Assistant City Manager Fitch. At the April
9, 1991 meeting, Council determined that all way stop controls should be
installed at the intersection of Triumph Drive and Fieldview Way. Staff
recommends adoption of the resolution.
Speaking in opposition to staff recommendation:
Ethan Allen, 13081Fieldview Way
William Harper, 14701Fieldview Way
Janet Harper, 14701Fieldview Way
Vent Haggerty, 13242 Treecrest Street
Lee Purrier, 13097 Triumph Drive
Jim Bartholomew, 13105 Triumph Drive
Speaking in favor of staff recommendation:
Mike Clark, 13089 Triumph Drive. Mr. Clark presented a petition from 49
Triumph Drive residences in favor of the stop sign.
Motion by Councilmember Higginson, seconded by Councilmember Mclntyre to adopt
Resolution No. 91-040 entitled, "A Resolution of the City Council of the City of
Poway, California, Establishing All-Way Stop Controls at the Intersection of
Triumph Drive and Fieldview Way." Motion carried unanimously.
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Assistant City Manager Fitch stated that the Traffic Safety Committee will be
considering road bumps for Triumph Drive at their May meeting. Council
requested this issue be placed on the April 30, 1991 agenda to give direction to
staff regarding whether or not to study road bumps at this time.
ITEM 24
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
Section 54956.9{a}, pending litigation regarding Poway v. Pomerado Investments
and Poway v. City of San Diego.
NAY(~AHO CITY COUHClL-INITIATEO ITE~
25. Councllmember Emery stated he has been meeting with the Band Boosters
regarding their recycling efforts and, since the city will be exploring man-
datory recycling, he suggested a subcommittee of the Council continue to
meet with the Band Boosters to ensure that they remain a part of recycling
efforts in Poway. Council concurred and discussed the trash to energy plant
proposed in San Marcos and a joint powers authority being formed by other
north county cities to explore solutions to the solid waste problem. They
requested a workshop regarding the trash issue in the near future. City
Attorney Eckis stated that one of the major issues to be discussed are
financial implications of facilities.
27. Councilmember McIntyre requested that copies of the video filmed at
Saturday's water conservation event be made available to the public.
28. A)
Councilmember Snesko stated that the diagrams of his alternative plan
for recreational facilities are not ready for this meeting and
requested that this item be placed on the agenda for April 30.
B)
Councllmember Snesko requested a letter be sent to CalTrans to only
meter the on-ramps to 1-15 as far south as needed to keep traffic
flowing at a good rate and suggested a barrier be provided to prevent
cars entering from Poway Road southbound from merging left until they
are past the ramp from Penasquitos Boulevard.
Following discussion, motion by Mayor Goldsmith, seconded by Councilmember
McIntyre, to ask CalTrans to comply with the Regional Transportation
Improvement Program, page 176, paragraph 9 and conduct the necessary studies
of impacts on local streets and roads; and in accordance with paragraph 11,
work with SANDAG and their Mid-County Transportation Committee to resolve
these impacts prior to implementing the 1-15 meter program; and consider
such mitigation as connection of Pomerado Road and Miramar Way,
Councilmember Snesko's proposals, and light rail for Poway to downtown.
Motion carried unanimously.
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30. Mayor Goldsmith announced the following appointments to the Budget Review
Committee: Vicki Lazowski (Emery); John Mullin (McIntyre); Don Blackwell
{Goldsmith). This item will be placed on the April 30, 1991 agenda for the
other two appointments.
CLOSED SESSION
Mayor Goldsmith called for a closed session at 8:30 p.m.
~,ALL TO ORDER AND AD~~
Mayor Goldsmith called the meeting back to order at 8:48 p.m. and stated the
City Council, at the request of the City Attorney, had continued discussion of
Poway v. Pomerado Investments to the workshop on Thursday, April 25, 1991.
Upon motion by Councllmember Higginson, seconded by Councilmember McIntyre,
Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., April 25, 1991.
The time of adjournment was 8:50 p.m.
Marjorie Iq. Wahlsten, City Clerk
City of~.~o~ay
ML/7/CP5
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NOTICE
NOTICE IS HEREBY GIVEN THAT THE APRIL 23, 1991, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF AI~OUM~E#T
Upon motion by Councilmember Higginson,
seconded by Councilmember McIntyre, Mayor
Goldsmith ordered the meeting adjourned to
4:30 p,m,, Thursd~, Apr11 25, 1991
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 8:50 p.m.
MarjoriQK~Wahlsten, City Clerk
City of~_~ay, California
April 24, 1991
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 April 24, 1991
Marjor)ep~.ni~a Wahlsten, City Clerk
City of~P~way, California