CC 1991 04-30CITY OF P(NRY, CALIFORNIA
#INUTE~ OF THE CITY CIXI~IL REGULAR NEETING
APRIL 30, 1991
The April 30, 1991, 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.
COUNCIU4E#BER$ PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF #EIMER$ PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Garry MacPherson
Penny Riley
Pamela Colby
Peter Moote
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Conmunity Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
DART Project Manager/Battalion Chief
DART Asst. Project Manager/Asst. Planner
Management Analyst
Management Analyst
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORJ~L CtX~NUHICATION$
Mayor Goldsmith explained the procedure for Public Oral Communications.
Orval Hill, 13001Bowron Road, requested to work on carpooling.
City Manager Bowersox stated he will be put in contact with the Commuter
Computer organization.
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PRC~Ud4~T~
Mayor Goldsmith presented a proclamation declaring May, 1991 "Shop Poway Month"
to Dennis Shirrel, President of the Poway Chamber of Commerce. Mr. Shirrel
presented a poster entitled "Sharing the Good Life" introducing the new
marketing campaign being put on jointly by the City and the Chamber, and invited
everyone to attend the Chamber's street fair to be held on Midland Road on May
26, 1991.
CONSENT CALENDAR
Motion by Councllmember Emery, seconded by Councilmember Higginson, to adopt the
Consent Calendar as follows:
12. Ratification of Warrant Register for April 11 1991.
13. Acceptance of site improvements, concession remodel and addition at Lake
Poway from Southwest Construction & Millwork, Inc.
14. Continue approval of Tentative Parcel Maps 91-02 and 91-03 to May 7, 1991.
15. Approval of acquisition agreement and storm easement from First Baptist
Church of Poway for Midland Road storm drain project.
16. Approval of city's investment report for March 31, 1991.
16.1
Adoption of Resolution No. 91-041, entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing the San Diego
Abandoned Vehicle Abatement Service Authority."
16.2
Authorization to expend $24,000 in Transit Development Act funds for a
bicycle trail study for the San Dieguito River Valley Open Space Park.
{The City Council is acting in its capacity as a pass-through agency as
approved by Resolution No. 90-208.)
Motion carried unanimously.
ITEM 5
ORDINANCE NO. 336
DECLARING A WATER SHORTAGE
Mayor Goldsmith read the title of Ordinance No. 336, "An Ordinance of the City
of Poway, California, Declaring a Water Shortage and Establishing Rules,
Regulations, and Restrictions So That Available Water Supplies are Allocated for
the Greatest Public Interest and Benefit."
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Item introduced by City Manager Bowersox. All water agencies have a mandated
20% cutback in supplies from the County Water Authority as set forth in their
Ordinance 91-2. Staff has prepared an Ordinance setting forth rules and regula-
tions to help meet the necessary conservation goals, together with a Resolution
setting water rates in three tiers. Director of Public Services Archibald
reviewed the Ordinance and stated the regulations are similar to the Stage II
Water Alert that has been in effect for one year. Director of Administrative
Services Stewart reviewed the Resolution's rate structure.
Speaking in opposition to staff recommendation:
Ed Malone, 9555 Genesee Avenue, San Diego
Ernest Winkler, 149D6 Eastvale Road
Both speakers expressed concern regarding the effect on agriculture. Mayor
Goldsmith pointed out the cutbacks mandated by the Metropolitan Water District
were 50% for agriculture and 20% for other uses. The County Water Authority
originally planned to meld them into a 30% overall cutback, but decided to draw
10% from reservoirs and implement a 20% overall cutback and agriculture has been
assisted by this method.
Motion by Councllmember Snesko to not implement any penalty pricing if the city
stays within its mandated conservation limits. There was no second to the
motion.
Staff pointed out two changes to the ordinance. On page 1, definition A.
"Agricultural Users" means users of water billed at the agriculture and
agricultural/domestic user rate for 1989-90. On page 3, hours of watering golf
course greens should be 6:00 p.m. to 10:00 a.m.
Following discussion, motion by Councllmember Emery to direct staff to explore
ways to assist the major commercial agricultural users providing it's not at the
expense of other classifications of users. Motion seconded by Mayor Goldsmith
and carried unanimously.
Motion by Councilmember Emery, seconded by Mayor Goldsmith, to close the public
hearing, waive further reading and adopt Ordinance No. 336 with Resolution No.
91-042 as an attachment, and directed staff to prepare an incentive program for
conservation and explore establishing a cap on water usage beyond which a flow
restrictor would be installed. Motion carried unanimously on a roll call vote.
ITEM 6
ORDINANCE NO. 337 - SECOND READING
CAMPAIGN CONTRIBUTIONS
Mayor Goldsmith read the title of Ordinance No. 337, "An Ordinance of the City
of Poway, California, Amending Chapter 2.28 of the Poway Municipal Code
Regulating Campaign Contributions and Expenditures."
There was no one present wishing to speak.
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Motlon by Councllmember H1gginson, seconded by Councilmember Emery, to close the
public hearlng, walve further reading and adopt Ordinance No. 337. Motion
carried unanimously on a roll call vote.
ITEM 7
ORDINANCE NO. 338 - FIRST READING
PETITION CIRCULATION
Mayor Goldsmith read the title of Ordinance No. 338, "An Ordinance of the City
of Poway, California, Adding Chapter 2.30 of the Poway Municipal Code Relating
to Municipal Election Petition Circulation."
Staff report by City Manager Bowersox. This was first introduced on April 16.
At that meeting certain changes were made by the City Council and subsequent to
the meeting by the City Attorney. It is recommended that the City Council hold
another first reading since the changes are considered substantive.
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Higginson to waive
further reading and continue the public hearing to May 7, 1991 for second
reading. Motion carried unanimously.
ITEM 7.1
TENTATIVE PARCEL MAP 91-02
APPLICANT: CITY OF POWAY
OWNER: BANK OF SAN DIEGO TRUST
Item introduced by City Manager Bowersox. This is a request for a division of
2.5 acres at the southwest corner of Pomerado Road and Camino del Norte and is
being done as part of the settlement agreement between the City and San Marcos
Development Company.
City Attorney Eckis stated he had met with the owners today and since the exact
plot plan for the child care center they propose on this site has not been
finalized, staff recommends, and they concur, that the tentative parcel map come
forward together with the conditional use permit for the property. This
requires that the the matter be removed from the calendar.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to remove
consideration of Tentative Parcel Map 91-02 from calendar and have it brought
back with the Conditional Use Permit for a child care center. Motion carried
unanimously.
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ITEM 7.1
TENTATIVE PARCEL MAP 91-02
APPLICANT: CITY OF POWAY
OWNER: BANK OF SAN DIEGO TRUST
Item introduced by City Manager Bowersox. This is a request for a division of
1.9 acres at the northwest corner of Pomerado Road and Camino del Norte and is
being done as part of the settlement agreement between the City and San Marcos
Development Company.
City Attorney Eckis stated there are two conditions that need to be amended.
The standard condition requiring a Statement of Understanding within 30 days
should be changed to "before approval of the final map," and a Consent to
Annexation to the Landscape Maintenance District must be signed before approval
of the final map which is scheduled for the next meeting.
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councllmember Snesko, to close the
public hearing, issue a Negative Declaration and adopt Planning Resolution No.
P-gl-26, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Tentative Parcel Map 91-03, Assessor's Parcel Number
314-682-22," as amended by staff. Motion carried unanimously.
ITEM 8
TENTATIVE TRACT MAP 89-05
APPLICANT: FAMSTE INVESTMENT
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to subdivide 75 acres into 13 lots at the northwest and northeast
corners of Poway and Espola Roads. The property on the east side of Espola Road
will become permanent open space. Staff recommends approval.
Speaking in opposition to staff recommendation:
Michael Rothbart, 14441 Range Park Road.
Speaking in favor of staff recommendation:
Randy Wllkins, 14617 Acton Court, Chairman of the Transportation Advisory
Committee
Frank Fitzpatrick, 350 W. 9th, Escondido, Manitou Engineering.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko, to close the public hearing, issue a Negative Declaration, and adopt
Planning Resolution No. P-91-27, entitled, "A Resolution of the City Council of
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the City of Poway, California, Approving Tentative Tract Map 89-05, Assessor's
Parcel Number 321-200-44, 47," amended to prohibit the CC&R's from restricting
horses and clarifying encouragement of Xeriscape landscaping. Motion carried
unanimously.
ITEM 9
ORDINANCE NO. 340 - FIRST READING
MCMILLIN DEVELOPMENT AGREEMENT
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
340, "An Ordinance of the City of Poway, California, Approving a Development
Agreement with McMillin Equity Partners II, under Government Code Section
65864-65867.5 and Poway Municipal Code Chapter 17.53."
Staff report by City Manager Bowersox. On March 19, 1991, the City Council/
Redevelopment Agency approved an Interim Agreement with McMillin Communities
regarding Tentative Tract Map 88-04R. The Agreement required a public hearing
to consider an amendment to the Owner Participation Agreement and a Development
Agreement. Staff recommends first reading of the Ordinance approving the
Development Agreement. At second reading, the amended Owner Participation
Agreement will be presented for approval.
There was no one present wishing to speak.
Motion by Councllmember Higginson, seconded by Councilmember Emery, to waive
further reading and continue the public hearing to May 14, 1991 for second
reading of Ordinance No. 340. Motion carried unanimously.
ITEM 10
TRANSNET PROGRAM
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. Proposition A, approved by the voters of San Diego County in
November, 1987, provides for a 1/2% increase in the sales tax to provide for
specific transportation programs and requires a public hearing each year to
discuss the use of the revenues. Staff recommends the funds designated for
Poway Grade be transferred to the South Poway Expressway between Sycamore Canyon
Road and Highway 67.
Mayor Goldsmith stated we are now looking at a "corridor" concept and improve-
ments proposed to the South Poway Parkway would be of greater benefit to the
east/west corridor than Poway Grade. Council pointed out that Exhibit C should
be corrected to 6-lane road.
Speaking in favor of staff recommendation:
Randy Wilkins, 14617 Acton Court
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Notion by Councllmember Emery, seconded by Councilmember Snesko, to close the
public hearing and adopt Resolution No. 91-043, entltled, "A Resolution of the
City of Poway Adopting the Seven-Year Transnet Local Street and Road Program of
Projects for Fiscal Years 1993 through 1999." Notion carried unanimously.
ITEM 11
WEED ABATEMENT APPEALS
There was no one present
abatement notice.
wishing to present an appeal
regarding their weed
ITEM 11.1
COMMUNITY ROAD WIDENING
Staff report by City Manager Bowersox. On April 9, 1991, a Con~nunity Road
resident asked about the road being created in front of their homes as part of
the Community Road widening project. It will be a publicly maintained road and
apparently the Post Office will continue to deliver mail if it is addressed to
Co, m,,unlty Road and the road is named Community Way or Place.
Speaking in opposition to staff recommendation:
Hie Thompson, 14341 Community Road
Speaking in favor of staff recommmmlendation:
Randy Wilkins, 14617 Acton Court
Council concurred to receive and file the report.
ITEM 11.2
TRIUMPH DRIVE ROAD BUMPS
City Manager Bowersox disqualified himself from any discussion on this item.
Councllmember McIntyre stated she had spoken with the Triumph Drive residents,
and with the addition of the stop sign at Triumph and Fieldview they did not
want to pursue road bumps. She requested staff look at the curve from Triumph
to Laurelwood.
Motion by Councllmember Snesko, seconded by Councllmember Higginson, to discon-
tinue analyzing road bumps for Triumph Drive, but request the Traffic Safety
Committee look at the situation at Triumph and Laurelwood. Motion carried
unanimously.
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ITEM 17
CITY MANAGER ITEMS
City Manager Bowersox stated the water usage in Poway for the month of April is
43% below the same period in 1989.
ITEM 18
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Section
54956.g{c), deciding whether to initiate litigation, City of Poway v. County of
San Diego and pursuant to Government Code Section 54956.g{a), pending litiga-
tion, City of Poway v. City of San Diego and City of Poway v. Pomerado
Investments.
W~YOR AHD CITY COU~IL-ZHZTZATED ZTEI(S
19. A) Councilmember Emery stated his item regarding MTDB could be discussed
under Mayor Goldsmith's SANDAG report.
B) Councilmember Emery requested staff do more vigorous code enforcement
of temporary and portable signs.
21. A)
Councllmember McIntyre suggested the Thursday workshop item be
discussed at the May 7 regular meeting and that the workshop be
canceled. Council concurred.
B)
Councllmember McIntyre requested staff prepare an analysis of the
proposed state budget and the free trade agreement and their affect on
Poway.
22. Councilmember Snesko presented a revised layout for sports facilities on the
Kuebler property south of Garden Road showing no facilities south of the
creek. He stated he had taken his son and a friend to ride their bicycles
up Community Road from Metate Lane to the proposed sports complex site in
South Poway and the road is too steep. Brandon Snesko and Michael Blake
testified to that fact.
Randy Wilklns, 14617 Acton Court, President of the Garden Road Homeowners
Association, stated he will be having a meeting soon and will present
Councilmember Snesko's proposal to the Garden Road residents.
Council discussion pointed out that the item of sports complex is scheduled
for May 14, 1991, and this proposal should be added to that report for
analysis rather than discussing the item piecemeal. City Manager Bowersox
stated a proposal to improve the Garden Road School/Garden Road Park site
will be included in that report.
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Page g - CITY OF POWAY - April 30, lg91
Council requested a copy of the field utilization report prepared by the
Youth Sports group and presented with the facilities needs assessment at a
workshop last year.
Due to the increased complexity of the report, Council concurred to consider
the item on May 21, rather than May 14.
23. A)
Mayor Goldsmith stated the remaining two appointments to the Budget
Review Committee are Gordon Meyer {Higginson), and Mary Cross {Snesko).
B)
Mayor Goldsmith stated he has learned that the Automated Regional
Justice Information System (ARJIS) intends to increase the charges to
the members in FY 1991-92. Poway's costs will increase from $12,000 to
$22,000. He asked staff to prepare a report on this subject before the
next ARJIS Board meeting on May 31, 1991.
c)
Mayor Goldsmith reviewed three items discussed at the April 26, SANDAG
Board meeting. The Transportation Control Measures Plan goal is to
reduce emissions to meet Air Quality Control Board requirements.
Councilmember Emery stated that MTDB'S major interest in this plan is
its impact on mass transit. Council concurred with Mayor Goldsmith
voting in favor of a market-based approach to reducing traffic. Some
of the proposals being discussed include peak period freeway tolls;
fees tied to the number of miles drives annually; and increased
gasoline taxes.
Council noted they had received the draft Regional Growth Management
Plan which is out for a gO-day review period. They requested a
workshop in June to discuss this and asked that the chairpersons of the
Penasquitos, Rancho Bernardo and Scripps Ranch Planning Groups be
invited to attend and participate.
Mayor Goldsmith stated the County has mandated recycling for all
jurisdictions hauling trash to the San Marcos Landfill beginning on
July 1, 1991. The rest of the County is mandated to have a recycling
program in place by July 1, 1992. Seven North County cities are
meeting to try and find a joint solution to the solid waste disposal
problem other than the trash to energy plant proposed by San Marcos.
They are proposing to have a study done and Poway's share of the cost
is $8,900.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to
appropriate the funds to contribute to the study. Motion carried
unanimously. Council also requested the City Attorney render an
opinion regarding the cities in the region not being treated the same,
Council also concurred for Mayor Goldsmith to sign jointly with the
other mayors a letter to the Water Quality Control Board requesting a
rehearing on the issue of lining the San Marcos Landfill.
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Page 10 - CITY OF POWAY - April 30, 1991
D)
Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to
consider placing the Affordable Housing overlay on the property at the
northeast corner of Bowron Road and Civic Center Drive during the
General Plan update hearing. Motion carried unanimously. The issue of
senior or family housing will be discussed at the public hearing.
CLOSED SESSION
Mayor Goldsmith called for a closed session at 10:25 p.m., as requested by the
City Attorney.
~LL TO ORDER AND AD~IXIRI~EHT
Mayor Goldsmith called the meeting back to order at 10:45 p.m., and stated the
City Council had directed the Attorney during closed session.
Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:46 p.m.
Marjor~e ~. Wahlsten, City Clerk
City o~way
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