CC 1991 08-13CITY OF PO'dAY, CALIFORHIA
#IHUTE$ OF THE CITY I.'OUI~Cil. REGULAR #EETII~
AUGUST 13, 1991
The August 13, 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.
r~UNCIL#EIIBER$ PR~E#T AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF NEMBER$ PRESEIIT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Alan Archibald
Steve Streeter
Garry MacPherson
Bob Krans
Jim Bentz
Dave Bliss
Christine Tsung
A1Kohn
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Public Services
Assistant Director of Planning Services
DART Program Manager/Battalion Chief
Safety Services Battalion Chief
Community Services Manager
Sheriff's Captain
Finance Manager
Senior Accountant
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC OPAL COMM~q~ICATIOt~
Mayor Goldsmith explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
City Manager Bowersox stated that Item 18 is not ready to be approved and
requested it be pulled from the Consent Calendar.
CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt the
Consent Calendar as follows:
11. Approval of Minutes - City Council:
July 23, 1991, Regular Meeting
July 25, 1991, Adjourned Regular Meeting
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13. Ratification of warrant registers for July 24, 1991 {fiscal year 1990-91)
and July 25, 1991 (fiscal year 1991-92).
14. Receive and file annual report regarding assets forfeitures and seizure
program showing $18,324.62 received for fiscal year 1990-91 from the
County of San Diego.
15. Appropriation of $5,000 received from the San Diego County Water Authority
to replace mismatched irrigation heads in city parks.
16. Approval of agreement with the County of San Diego on behalf of County
Service Area V {High Valley) to allocate funds for a preliminary road
design and appropriation of $112,400 to be received from property tax
assessments.
17. Acceptance of Joshua Tree Court Improvements from Sim J. Harris Company,
authorization to record a Notice of Completion and appropriation of $1,089
from 601-160 to cover cost overruns.
19. Authorization to release bond for grading permit G-607-89, Scenic View
Business Park, Lots 4 and 5, TPM 89-09, and Lot 8, TTM 85-04, Unit 1.
20. Approval of Resolution No. 91-092, entitled, "A Resolution of the City
Council of the City of Poway, California, Respecting Authorized Officers
Designated to Execute Public Securities, Instruments of Payment, and
Investments on Behalf of the City and Rescinding Resolution No. 91-013."
21. Concurrence with staff findings for the replacement of an existing house,
including a bunkhouse for seasonal workers as an accessory structure and
use, located at 13150 Old Winery Road; Ross Rizzo, Bernardo Winery,
applicant.
22. Acceptance of Operations Center parking lot from Sim J. Harris and authori-
zation to record a Notice of Completion.
23. Award of bid for Olive Tree Sewer to Ivanko, Inc., in the amount of
$63,954.
23.1 Approval of historical monument sign for Big Stone Lodge {Pomerado Club) at
the northwest corner of Pomerado Road and Old Pomerado Road with
conditions; Jerry Long, applicant.
23.2 Authorization for partial reduction of performance security for Tentative
Parcel Map 17183; located south of Donart Drive and east of Tierra Bonita
Road; Craig Vahidi, applicant.
23.3 Waiver of formal bid process and approval of BiTrans Systems, Inc. as the
sole supplier for the traffic signal synchronization system software and
controller programs.
Motion carried unanimously.
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ITEM 8
FLOW EQUALIZATION BASIN
ADDITIONAL SEWER CAPACITY ALLOCATION
Mayor Goldsmith stated that since so many San Diego residents were here on this
item, it will be moved up to the front of the agenda.
City Manager Bowersox explained the change in staff recommendation from
certifying the Final Environmental Impact Report to eliminating consideration of
the flow equalization project. Based on information from the City of San Diego
Water Utilities Department, this project would not assist the City of San Diego
in equalizing any other portion of the Metro system and it has become an unne-
cessary project.
In response to requests to speak, City Attorney Eckis stated the public hearing
will not be opened, based on staff recommendation. Mayor Goldsmith announced
there will be an informational meeting on September 26 at 7:00 p.m. at Morning
Creek School regarding the sewer system and the water reclamation program.
Mayor Goldsmith, San Diego Councilmember Behr, the City Engineer, and represen-
tatives from the Clean Water Program will be in attendance. Motion by
Councilmember Higginson, seconded by Councilmember Emery, to pull this item from
calendar.
San Diego Councllmember Tom Behr thanked the Poway City Council for their
efforts at cooperation and recognized his constituents that were present. He
stated that other locations for the water reclamation plant will be investi-
gated.
Larry Barker, 10509 San Diego Mission Road, Suite T, San Diego, stated the flow
equalization basin and water reclamation plant are related and requested the
public be allowed to speak.
City Attorney Eckis stated the City Council was under no legal obligation to
hold a public hearing.
Motion carried unanimously.
ITEM 4
REDUCING WATER RATES
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. Staff is proposing new water rates retroactive to July 1, 1991. The
reduction of $.04 per unit in the COfF~FlOdity charge and $1.79 in the capacity
charge reflects the removal of the Drought Assistance Response Team costs from
the current rates. They will be funded from reserves. Staff recommends
adoption of the Resolution.
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There was no one present wishing to speak. Council requested a status report on
the DART program at a future meeting.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the
public hearing, adopt Resolution No. 91-093, entitled, "A Resolution of the City
Council of the City of Poway, California, Reducing Water Rates Established for
Fiscal Year 1991-1992 and Rescinding Resolution No. 91-073," and appropriating
$372,106 of water fund reserves to fund 1991-92 DART operating costs. Motion
carried unanimously.
ITEM 5
TENTATIVE PARCEL MAP 91-09
APPLICANTS: LAWRENCE AND KATHERINE GROVER
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 25,150 square foot lot at 17543 Boca
Raton Lane into two parcels. The property is zoned RS-4 which requires a mini-
mum lot size of 10,000 square feet. There are 14 lots in the StoneRidge deve-
lopment which are large enough to subdivide. This subdivision will set a
precedent. Staff recommends approval since it does conform to the present
zoning.
Speaking in opposition to staff recommendation:
John Gleisman, 17647 St. Andrews Drive,
Homeowners Association.
David Drewery, 17732 Del Paso Drive
Helen Bell, 13909 Indian Canyon Lane
Bill Rosson, 13910 Indian Canyon Lane
Dale Long, 17631 Boca Raton Lane
President of the StoneRidge
Speaking in favor of staff recommendation:
Jerry Pinney, 13627 Olive Tree Lane, representing the applicant.
Following discussion, Council concurred they were unable to make the necessary
findings to approve this project. Motion by Councilmember Snesko, seconded by
Councilmember McIntyre to close the public hearing, deny Tentative Parcel Map
91-09, and direct staff to prepare a report on the fourteen lots that are
currently RS-4 with a potential for subdivision in order for Council to consider
a rezone to RS-2. Motion carried unanimously.
ITEM 6
MAJOR USE PERMIT P61-86W MODIFICATION
APPLICANT: COMMUNITY CHURCH NURSERY SCHOOL
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to expand the number of nursery school students
from 24 to 48 at the Community Church located at 135D1 Community Road. Staff
recommends approval.
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There was no one present wishing to speak.
Motion by Councllmember Higginson, seconded by Councilmember Snesko, to close
the public hearing, find that the previously issued Negative Declaration is
adequate and adopt Planning Resolution No. P-91-53, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Modification of
Major Use Permit P61-86W, Assessor's Parcel Number 317-110-65." Motion carried
unanimously.
ITEM 7
MINOR CONDITIONAL USE PERMIT 91-01
MINOR DEVELOPMENT REVIEW 91-38
APPLICANT: HELEN KLENTZ
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to expand the floor area of a real estate sales
office at 16616 Espola Road by 44 square feet, ten percent of the existing
structure. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-91-54, entitled, "A
Resolution of the City Council of the City of Poway, California Approving Minor
Conditional Use Permit 91-01 and Minor Development Review 91-38, Assessor's
Parcel Number 275-332-28." Motion carried unanimously.
ITEM 9
CURFEW LAW ENFORCEMENT
Staff report by City Manager Bowersox. At the July 16, 1991 City Council
meeting, Robert Sayles expressed concern regarding the curfew law and the
enforcement that took place on July 12, 1991. Poway's curfew law was adopted on
incorporation as part of the County Code and is similar to laws existing in the
other San Diego County cities. Staff recommends the Council receive and file
the report.
Sheriff's Captain Bliss, responding to Council's query regarding the procedure
on arresting juveniles, stated they are treated as a detention, not an arrest
and are taken to the Sheriff's Station and the parents contacted to pick them
up.
Council concurred to receive and file the report.
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ITEM 10
LANDSCAPE MAINTENANCE DISTRICT ADVISORY COMMITTEE
MID-YEAR REPORT
Staff report by City Manager Bowersox. The Committee is presenting fourteen
recommendations. Staff recommends approval of all but number fourteen which
would remove the costs of maintaining the South Poway Sports Complex and staging
area from LMD 87-1. Park facilities were a mitigation measure for the South
Poway Business Park. Since the complex has not been built there are no main-
tenance costs yet. The city has not decided whether it will be city-operated or
contractor-operated and it will be appropriate to make a decision on funding
maintenance costs when the engineer's report for 1992-93 is considered.
Speaking in favor of staff recommendation:
Gordon Meyer, 14302 Sand Hill Road, Chair of the Committee
Speaking in opposition to staff recommendation:
Kyle Everson, 14679 Evening Star Drive, Chairman of the Business Advisory
Committee
Don LaRoque, 11545 W. Bernardo Court, San Diego, representing CF Poway
Jim Keeley, 15815 Riparian, member of the LMD Committee
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Higginson, to approve accept the Landscape Maintenance District Advisory
Committee's recommendations one through thirteen and refer the item of funding
the sports complex maintenance back to the Committee and staff to develop
options. Motion carried unanimously. City Manager Bowersox stated staff will
meet with Mr. LaRoque and the Pomerado Business Park Owners Association to
discuss an equitable approach.
ITEM 10.1
POWAY ROAD WEST LANDSCAPE IMPROVEMENTS
ANNEXATION INTO LANDSCAPE MAINTENANCE DISTRICT
Staff report by City Manager Bowersox. At the July 30, 1991 Council meeting,
Bill Barnick requested that the newly approved landscape improvements on the
west end of Poway Road be maintained by homeowners in the area through annexa-
tion into a Landscape Maintenance District. The current policy is to only annex
new development to pay costs of maintaining the landscaping benefiting their
newly-developed properties. Staff recommends the Council receive and file this
report.
Speaking in opposition to staff recommendation:
Jim Keeley, 15815 Riparian Road, member of the LMD Committee
Speaking in favor of staff recommendation:
Gordon Meyer, 14302 Sand Hill Road, Chair of the Committee.
Following discussion, Council concurred with staff recommendation.
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ITEM 10.2
TEMPORARY LOAN TO COMMUNITY FACILITIES DISTRICT 88-1
PARKWAY BUSINESS CENTRE
Staff report by City Manager Bowersox. Through bank and staff errors, there is
a shortfall in the account to pay the bond principal and interest for Community
Facilities District 88-1 on August 15, 1991. He reviewed the chronology of
events. Staff has met with the property owner, Parkway Business Centre, to
develop a payment schedule for the outstanding amount. Staff recommends a
temporary loan in the amount of $1,691,579.
(Councilmember Snesko left the room)
Speaking in favor of staff recommendation:
Rex Brown, ADI Properties/Parkway Business Centre
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve
staff recommendation. Motion carried 4-0 with Councilmember Snesko out of the
room.
RECESS AgO CALL TO ORDER
Mayor Goldsmith recessed the meeting at 9:45 p.m., and called it back to order
at 9:50 p.m., with all Councilmembers present.
ITEM 18
TENTATIVE TRACT MAP 85-04
RELEASE OF SECURITIES
City Manager Bowersox stated he had pulled this from the Consent Calendar
because the documents to finalize the land transfer for the sports complex have
not been executed and continuance to September 3, 1991 is recommended. Motion
by Councilmember Higginson, seconded by Councilmember Emery to continue this
item to September 3, 1991. Motion carried unanimously.
ITEM 24
CITY MANAGER ITEMS
City Manager Bowersox stated that the water conservation efforts had achieved a
39% savings last week and a 48% savings month to date.
ITEM 25
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
Section 54956.9{a}, pending litigation in the case of Smith vs the City of Poway
and Poway Redevelopment Agency. The meeting will be with Tom Clark, trial
counsel, and staff.
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Page 8 - CITY OF POWAY - August 13, 1991
I~YOR AHO CITY (~II~IL-I#ITIATEO ITl~g~
26, A)
Councilmember Emery stated there was no action affecting Poway at the
Metropolitan Transit Development Board August 8, 1991 meeting.
B) Councilmember Emery stated he had been taking public transit this
summer and there is considerable graffiti in the local buses.
c)
Councllmember Emery asked if it would be possible to sell fishing and
boating permits at Lake Poway closer to the dock. Currently they are
only sold at the entry station.
D)
Councilmember Emery reported regarding his testimony before Governor
Wilson's Growth Manager Task Force.
28. Councilmember Higginson stated there was graffiti in the men's restroom at
the Community Center.
29. Councllmember McIntyre requested staff obtain a copy of the Escondido City
Council's workplan, which was mentioned recently in the Times-Advocate, for
discussion at the Council's goals and objectives workshop.
CLOSED SESSION
Mayor Goldsmith called for a closed session at 10:20 p.m.
C~LL TO I)RI)ER AND AIXIOURI~IE#T
Mayor Goldsmith called the meeting back into open session at 11:20 p.m. and
stated that the trial counsel had been given instructions during closed session.
Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 11:20 p.m.
Marjori~e )~. Wahlsten, City Clerk
City oiS~way
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