CC 1991 05-14 CITY OF POWAY, CALIFt~,HZA
NZHUTES OF THE CZTY ~"OUHCZL REGULAR NEETU~
NAY 14, 1991
The May 14, 1991, regular meeting of the City Council of the City of Poway
was called to order at 7:03 p.m. by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCIL#ENBER$ AI~NERII~ ROLL C~,LL
Bob Emery, Don Higginson, Tony Snesko, Jan Goldsmith
COUNCIL#EtlBER$ ABSENT AT ROLL CALL
Kathy McIntyre
STAFF #ENBERS PRESENT
James Bowersox
Tamara Smith
John Fitch
Robert Thomas
Alan Archibald
Mark Sanchez
Peggy Stewart
Reba Wright-Quastler
Mark Weston
Steve Streeter
Garry MacPherson
Jim Bentz
Patrick Foley
Janis Acosta
Nancy Neufeld
City Manager
Assistant City Attorney
Assistant City Manager
Director of Community Services
Director of Public Services
Director of Safety Services
Director of Administrative Services
Director of Planning Services
Director of Engineering Services
Assistant Director of Planning Services
DART Program Manager/Battalion Chief
Community Services Manager
Principal Management Analyst
Management Assistant
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Goldsmith accepted a facsimile check in the amount of $8,000 from Dr. Paul
H. Coleman, Jr., president of the Poway Rotary Club, to fund the Lake Poway
Summer Concert Series.
Mayor Goldsmith presented a Resolution of Appreciation to Dr. Coleman,
recognizing the Poway Rotary Club's contribution supporting the Lake Poway
Summer Concert Series.
PROCLAMATION
Mayor Goldsmith presented a proclamation declaring May 12-18, 1991, as "Buddy
Poppy Week" to Commander Fred Birdsell, of the Poway VFW Post.
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Mayor Goldsmith explained the procedure for Publlc Oral Communlcatlons,
Bill Barnick, 14645 Sunrise Canyon Road, spoke regarding Pomerado Road clo-
sure and Cox Cable signal quality.
CONSENT CALENDAR
Mayor Goldsmith stated that he had pulled Item 20 from the Consent Calendar.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to approve
the Consent Calendar as follows:
10. Approval of Minutes - City Council:
April 18, 1991, Adjourned Regular Meeting
April 23, 1991, Regular Meeting
April 25, 1991, Adjourned Regular Meeting
12. Ratification of Warrant Register - April 25, 1991.
13. Acceptance of public improvements and release of securities for Tentative
Parcel Map 82-07, Gem Court, Garden Road Associates, applicant; located
north of Garden Road between Sycamore Road and Neddick Avenue.
14. Reduction of securities for First Church of Christ Scientist; 16315 Pomerado
Road.
15. Approval of temporary sewer connection, Kenneth Taylor applicant; located at
12715 Beeler Creek Trail.
17. Acceptance of donation from Poway Rotary Club for Lake Poway Summer Concert
Series; and direction for staff to establish appropriate revenue and
expenditure accounts.
18. Adoption of Resolution No. P-91-28 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
91-14," for Poway Business Street Fair, sponsored by the Poway Chamber of
Co~m~erce to be held on Midland Road May 26, 1991, from 11:00 a.m. to 5:00
p.m.
19. Award of bid for construction of Joshua Tree Court improvements to Sim J.
Harris Company in the amount of $25,784.10; and approval of four neigh-
borhood loan program lien agreements: Allen; Boone; Dewpeg; Singh.
Motion carried 4-0, with Councilmember McIntyre absent.
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ITEM 6 A AND B
ORDINANCE NO. 340 - SECOND READING
DEVELOPMENT AGREEMENT AND
AMENDMENT TO OWNER PARTICIPATION AGREEMENT
MCMILLIN EQUITY PARTNERS II
Mayor Goldsmith stated that this public hearing was continued from April 30,
1991. City Manager Bowersox stated that staff recon~ends approval of an amend-
ment to the Owner Participation Agreement between the Redevelopment Agency and
McMillin Equity Partners II. This amendment would provide for the City to
construct South Poway Parkway within TTM 88-04R and be reimbursed by McMillin.
A report on the acquisition and disposition of property owned by the
Redevelopment Agency is also presented for approval. This is required to
transfer a right-of-way remnant parcel from the Agency to McMillin.
Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve
the report on the acquisition and disposition of property owned by Redevelopment
Agency, and adopt Resolution No. 91-045 entitled, "A Resolution of the City
Council of the City of Poway, California, Approving a First Amendment to the
Owner Participation Agreement by and between the Poway Redevelopment Agency and
McMillin Equity Partners II, and the Disposition by the Redevelopment Agency of
Real Property in the Paguay Redevelopment Project Area." Motion carried 4-0,
with Councilmember McIntyre absent.
Mayor Goldsmith 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."
City Manager Bowersox stated that this is second reading for an ordinance
approving a development agreement with McMillin Equity Partners II for TTM
88-04R.
There was no one present wishing to speak.
Motion by Councllmember Higginson, seconded by Councilmember Snesko,
the public hearing, waive further reading and adopt Ordinance No. 340.
carried 4-0 on a roll call vote, with Councilmember McIntyre absent.
to close
Motion
ITEM 7
CONDITIONAL USE PERMIT 91-04/DEVELOPMENT REVIEW 91-11
APPLICANT: CANINE COMPANIONS FOR INDEPENDENCE
Mayor Goldsmith opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to construct a 8,620 training facility for service dogs to the han-
dicapped at 12270 Oak Knoll Road. The facility includes a kennel, medical and
grooming facilities, offices, interview and meeting rooms. Staff recommends
approval.
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Speaking
Walt
in favor of staff recommendation:
Conwell, 3160 Camtno Del Rio South, San Diego, and George Kuhrts, 6461
E1 Apajo Road, Rancho Santa Fe, representing Canine Companions for
Independence, requested modification of the condition of approval
requiring undergrounding of utilities.
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-91-29 entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Conditional Use Permit 91-04 and
Development Review 91-11, Assessor's Parcel Number 317-151-61," as amended to
defer the overhead utility pole undergrounding requirement for two years from
the date of occupancy, and directed staff to report back on the criteria for
granting undergrounding waivers and possible policy revisions regarding overhead
utilities. Motion carried 4-0, with Councilmember McIntyre absent.
ITEM 8
CONDITIONAL USE PERMIT 91-01
LAKE POWAY ARCHERY RANGE
APPLICANT: CITY OF POWAY
Mayor Goldsmith opened the public hearing. Introduction by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to construct an archery range on one acre of City-owned property
located on the north side of Lake Poway Road across from the city water filtra-
tion plant. The site is designated as an open space easement adjacent to the
Bridlewood subdivision. The archery range would be open to the general public
with organized groups able to reserve the facility. Staff recommends approval.
Councllmember Snesko narrated a video tape he had taken of the site and the
surrounding properties.
Speaking in favor of staff recommendation:
Mike Stewart, Jr. Olympic Archery Development {JOAD), 13067 Sundance Avenue,
San Diego
Wayne Hallett, JOAD, 13074 Tuscarora Drive
Speaking in opposition to staff recommendation:
Howard Shahan, 13909 Olive Mesa Court, representing Bridlewood HOA
Linda Ahkami, 14399 Blue Sage Road
Judy Schultz, 14383 Blue Sage Road
Tom Gasparini, 14368 Blue Sage Road, representing Bridlewood HOA
Speakers expressed concern regarding parking, safety, visual impacts, and use of
the open space easement.
Following discussion, motion by Councilmember Snesko, seconded by Councilmember
Higginson, to close the public hearing, issue a Negative Declaration, and adopt
Resolution No. P-91-30 entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Conditional Use Permit 91-01, Assessor's Parcel
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Page 5 - CITY OF POWAY - May 14, lg91
Number 278-33-07 (Portion}," as amended to restrict use to organized groups
only, subject to an application procedure and fee, and directed staff to report
back on proposed application procedure and fees for Council adoption. Motion
carried 4-0, with Councilmember McIntyre absent.
City Manager Bowersox noted that the cost of development will be borne by the
archery groups and there is no appropriation of funds implicit in this approval.
ITEM g
SWIM CENTER FEES
Introduction by City Manager Bowersox. Staff report by Director of Community
Services Thomas. At the April 2, 1991 meeting, the City Council reviewed the
Swim Center Task Force recommendations and approved pool operating hours and
fees for the public. At Council direction, staff met with the Task Force chair-
person and prepared a report with recommendations regarding swim team rental
fees, requirements on the number of lifeguards, and operation of the novice swim
team program. Staff recommends approval of report and revised swim team rental
fees.
Speaking in favor of staff recommendation:
Joy Fodor, 13141 Tawny Way, Chairperson of the Swim Center Task Force
Annette Heiny, 12223 Oak Knoll Road
Ricki Peitchel, 12881 Indian Trail
Bruce Kravitz, 13326 Aubrey Street, member Parks and Recreation Committee
Jim Boudreau, 15036 Amso Street
Following discussion, motion by Councilmember Higginson, seconded by
Councilmember Emery, to approve swim team rental fees for nonpublic and public
pool hours, direct staff to bring back resolution adopting fees, and direct
staff to invite all swim center coaches to submit bids for operation of the
novice swim team program, along with a proposal submitted by City staff to
operate program. Motion carried 4-0, with Councilmember McIntyre absent.
ITEM 20
FRANCHISE RENEWAL WITH COX CABLE TV
Mayor Goldsmith stated that this item was pulled from the Consent Calendar.
Staff report by City Manager Bowersox. Staff is in the process of negotiating
the franchise renewal with Cox Cable. On February 19, 1991, the City Council
directed staff to include in the negotiation process provisions for televising
Council meetings as part of the franchise renewal requirements. Staff has pre-
pared a site and cost analysis for equipping the Council Chambers and for the
operation of the video equipment. An alternative to televising Council meetings
utilizing the public access funding pledged by Cox Cable as part of the
franchise renewal negotiations, would be to equip the Performing Arts Center for
video monitoring and recording. Staff recommends that the City Council give
direction to staff regarding the alternatives available for utilizing the public
access provisions of the franchise renewal.
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Council discussion included the need to seek public input of the options
available; need to obtain viewer numbers from cities currently televising coun-
cil meetings; and concern regarding televising council meetings preceeding an
election.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct
staff to survey other cities regarding viewership of televised council meetings;
and bring back wording for a community survey outlining the options of televised
council meetings or equipping the Performing Arts Center for Council review
prior to publication in the September issue of Poway Today, including an option
for postage pre-paid response. Motion carried 4-0, with Councilmember McIntyre
absent.
ITEM 21
CITY MANAGER ITEMS
City Manager Bowersox stated the water use in Poway through the first week in
May is 39% below the same period in 1989.
ITEM 22
CITY ATTORNEY ITEMS
Assistant City Attorney Smith requested that a closed session be added to the
agenda and that the City Council make the findings under Government Code Section
54954.2 that the need to consider this item has arisen within the past 72 hours.
The closed session would be held pursuant to Government Code Section 54956.9{a),
pending litigation, in the case of City of Poway vs. City of San Diego.
Motion by Councilmember Emery, seconded by Councilmember Higginson to hold a
closed session as requested by the Assistant City attorney and find that the
need to hold this closed session has arisen within the past 72 hours. Motion
carried 4-0, with Councilmember McIntyre absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23. A.
Councilmember Emery requested staff reschedule the garbage subcommittee
meeting.
(Mayor Goldsmith left the room at 9:40 p.m. and turned the gavel over to Deputy
Mayor Emery.)
Councilmember Emery reported on the Metropolitan Transit Development
Board meeting of May 9, 1991 regarding the impacts of the State's
budget shortfall local transit projects. The state is proposing to use
transit capital improvement funds to pay off Proposition 108 and 116
bond debt service. Council concurred to direct staff to work with MTDB
and SANDAG in monitoring proposed legislation.
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Councilmember Emery presented a proposed rotation schedule for the
Metropolitan Transit Development Board's representation on the Trolley
Board. With the proposed rotation, Santee would trade slots with Poway
during the 1991-93 appointment. Motion by Councilmember Higginson,
seconded by Councilmember Snesko to approve the new rotation schedule.
Motion carried 3-0 with Mayor Goldsmith out of the room, and
Councilmember McIntyre absent.
Councilmember Emery stated that concerns regarding a right-turn lane at
Pomerado and Creek Roads appears to have been resolved.
24. Councilmember Higginson stated that the City of Coronado has proposed that
since the Coronado Bay Bridge bond debt service has been paid off, that the
tolls be retained for local street and road projects.
26. Councilmember Snesko requested his item be removed from calendar.
CLI~EO SEXISt AND CALL TO I~DER
Deputy Mayor Emery adjourned the meeting into closed session at 9:46 p.m, where
Mayor Goldsmith joined the meeting. Mayor Goldsmith called the meeting back to
order at 10:34 p.m., with all Councilmembers present except for Councilmember
McIntyre, and announced that instructions were given to the Attorney in closed
session. Mayor Goldsmith also announced that arrangements are being made to
hold a press conference on Wednesday, May 15, 1991.
27. Mayor Goldsmith announced the appointment of Phil West to the Parks and
Recreation Committee.
Upon motion by Councilmember Hlgginson, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:34 p.m.
Marjori~ IOr Wahlsten, City Clerk
City of P~_~ay
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