CC 1991 10-08 CZTY QF I)Q~Y,, GILZFC~HZA
NZHUTE$ OF THE: CZTY CC)UI~ZL REGULA~ 14EET~HG
The October 8, 1991, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 p.m., by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
I~"QUIKZLI4EI4BER$ PRESEHT AT ROLL GiLL
Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith
(,'QUIKZLI4EI4BER$ AB$~T AT ROLL GiLL
Don Higginson
STAFF 14EI4BER$ PRESEHT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Steve Streeter
David Narevsky
Pamela Colby
Janis Acosta
City Manager
City Clerk
Assistant City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Assistant Director of Planning Services
Redevelopment Manager
Senior Management Analyst
Management Analyst
PLEDGE OFAI. LEGZAIKE
Deputy Mayor Emery led the Pledge of Allegiance.
PRQCLAIMTZON
Mayor Goldsmith proclaimed October 19-27, 1991, as "Red Ribbon Week" and
presented a proclamation to Judy Bower, CONTACT Community Network Red Ribbon
Week Coordinator.
Mayor Goldsmith explained the procedure for Public Oral Communications.
was no one present wishing to speak.
There
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CONSENT CALENDAR
Notion by Councilmember Emery, seconded by Councilmember Snesko, to adopt the
Consent Calendar as follows:
13. Ratification of Warrant Register for September 19, 1991.
14. Appropriation of $10,000 from General Fund reserve to repair the support
structure of the Lake Poway concession patio.
15. Acceptance of Tierra Bonita and Twin Peaks Roads Storm Drain improvements
from Walter H. Barber and Son, Inc., and authorization for City Clerk to
record Notice of Completion. {5207)
16. Time extension for standard agreement for Tentative Tract Map 88-07, located
on the east side of Pomerado Road north of Stone Canyon Road, subject to new
owner executing Standard Agreement and providing bonding.
17. Adoption of Resolution No. 91-113, entitled, "A Resolution of the City
Council of the City of Poway, California Ordering the Expansion of Poway
Landscape Maintenance District 83-1 with the Annexation of MDR 91-46 into
Landscape Maintenance District 83-1 with Written Consent of Property Owner,
APN 321-350-13."
18. Approval of final map for Tentative Tract Map 4191-9R, Standard Pacific,
applicant, located east of Brookstone Drive and north of Stoutwood Street;
and adoption of Resolution No. 91-114, entitled, "A Resolution of the City
Council of the City of Poway, California Ordering the Expansion of Poway
Landscape Maintenance Assessment District No. 83-01 with Written Consent of
all Property Owners."
19. Received report regarding local agency improvement fees accounting for
fiscal year 1990-91.
20. Award of three-year contract for Arbitrage Rebate Consultant to Public
Financial Management, Inc. and appropriation of $38,325 for 1991.
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 5
ORDINANCE NO. 344 - SECOND READING
SPEED LIMIT ON SOUTH PARKWAY EXPRESSWAY
Mayor Goldsmith read the title of Ordinance No. 344, "An Ordinance of the City
of Poway, California, Establishing a Speed Limit of 55 MPH on South Poway
Expressway from Community Road to Pomerado Road." Staff report by City Manager
Bowersox. This is second reading for this ordinance.
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Page 3 - CITY OF POWAY - October 8, 1991
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the
public hearing, waive further reading, and adopt Ordinance No. 344. Motion
carried unanimously.
ITEM 6
CONDITIONAL USE PERMIT 90-12{M)
HILLEARY PARK
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is the modification of the previously approved Conditional Use
Permit for Hilleary Park, replacing the baseball field with an expanded soccer
field and a practice soccer area. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-91-67 entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit gO-12{M), Assessor's Parcel Number 317-102-07." Motion carried
unanimously.
ITEM 7
DEVELOPMENT REVIEW 88-22{M)
APPLICANT: STANDARD PACIFIC/THE GROVES
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to modify a previously approved development review
by adding two new floor plans and six optional additions for the original plans,
located east of Espola Road across from Poway High School. Staff recommends
approval.
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Snesko, to close the
public hearing, and adopt Planning Resolution No. P-91-68, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Development Review 88-22{M), Assessor's Parcel Number 278-461-01 through 34;
278-462-01 through 39." Motion carried unanimously.
ITEM 8
TENTATIVE TRACT MAP 89-01 TIME EXTENSION
APPLICANT: DON MECHLING
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to grant a one-year time extension for the sub-
division of 43 acres into five lots located south of Millards Ranch Lane. Staff
recommends approval.
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Page 4 - CITY OF POWAY - October 8, 1991
There was no one present wishing to speak.
Motion by Councllmember Emery, seconded by Councilmember Snesko, to close the
public hearing and adopt Planning Resolution No. P-91-69, entitled, "A
Resolution of the City Council of Poway, California Approving Tentative Tract
Map 89-01TE, Assessor's Parcel Number 321-271-25." Motion carried unanimously.
ITEM 9
SPECIFIC PLAN AMENDMENT 84-010
PROHIBITING ASPHALT PLANTS IN SOUTH POWAY
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to amend the South Poway Specific Plan to prohibit
asphalt plants as a permanent use, as a result of Council's action during the
CalMat Conditional Use Permit hearing on July 23, 1991.
Speaking in opposition to staff recommendation:
Severo Chavez, P.O. Box 3098, San Diego, representing CalMat
Robert Imler, 8080 Friars Road, San Diego, representing CalMat
Jennifer Wilson, Worley, Schwartz, Garfield & Rice, 401 "B" Street,
Diego, representing CalMat
San
Speakers stated that allowing temporary asphalt plants was discriminatory
against CalMat.
Speaking in favor of staff recommendation:
Jerry Hargarten, 13622 Orchard Gate, representing Green Valley Civic
Association
Betty Rexford, 11570 Creek Road
Mike Fry, 12819 Selma Court, representing the Poway Civic Association
Randall Wilkins, 14617 Acton Court, representing the Garden Road Association
Speakers urged the City Council to make it more difficult for a permanent
asphalt plant to locate in Poway since tonight's action could be overturned by a
future Council, and to define the length of time a temporary use permit would be
allowed.
City Manager Bowersox stated every temporary use permit has different conditions
which are defined at the time an application is made. Length of time would be
one of those.
Motion by Councilmember Emery, seconded by Councilmember McIntyre, to close the
public hearing and adopt Resolution No. 91-115 , entitled, "A Resolution of the
City Council of the City of Poway, California Approving an Amendment to the
South Poway Specific Plan SPA 84-010," and request staff to report back
regarding the feasibility of a ballot proposition to eliminate asphalt and other
toxic plants in the city, or any other remedies. Motion carried 4-0 with
Councilmember Higginson absent.
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Page 5 - CITY OF POWAY - October 8, 1991
ITEM 10
COBBLESTONE CREEK ROAD
BRIDGE OVER POWAY CREEK
Staff report by City Manager Bowersox. On September 10, 1991, Council received
a petition from residents south of Poway Creek on Cobblestone Creek Road
requesting a bridge. This is a private road but staff is recommending a study
of alternative access to the area and report back to Council in 90 days.
Speaking in favor of staff recommendation:
Jack Swain, 12667 Cobblestone Creek Road
Council concurred that since this is a private road, the city should not be
funding the project. Motion by Councilmember Emery, seconded by Councilmember
Snesko, to refer this to staff to work with the residents to find a minimum cost
alternative and bring back to Council with a funding recommendation such as a
neighborhood loan program. Motion carried 4-0 with Councilmember Higginson
absent.
ITEM 11
BOND ISSUANCE/PROMISSORY NOTE
TO C.F. POWAY, LTD.
Staff report by City Manager Bowersox. C.F. Poway, Ltd. has constructed certain
public improvements on behalf of the Redevelopment Agency in the Pomerado
Business Park and the Agency has executed a promissory note in the amount of
$8,191,247. Sale of Tax Allocation Refunding Bonds and the formation of the
Poway Public Financing Authority is necessary to pay off the note. Future tax
allocation revenue will be used to service the bonds rather than pay off the
note. Staff recommends approval.
Councllmember McIntyre stated she had not received the package of documents
until today and would abstain since she had not been able to read them.
Motion by Councilmember Emery, seconded by Mayor Goldsmith, to adopt Resolution
No. 91-116, entitled, "A Resolution of the City Council of the City of Poway,
California Approving the Joint Exercise of Powers Agreement Between the City of
Poway and the Poway Redevelopment Agency Creating the Poway Public Financing
Authority," and Resolution No. 91-117, entitled, "A Resolution of the City
Council of the City of Poway, California Approving the Issuance of Poway
Community Redevelopment Agency, Paguay Redevelopment Project Subordinated Tax
Allocation Refunding Bonds, Issue of 1991 and Approving, Authorizing and
Directing Execution of Indenture of Trust and Official Statement." Motion
carried 3-0-0 with Councilmember Higginson absent and Councilmember McIntyre
abstaining.
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RECE~ Al~ CALL TI) ORDER
Mayor Goldsmith recessed the meeting at 8:10 p.m., in order to hold a meeting of
the Poway Public Financing Authority. He called the meeting back to order at
8:14 p.m., with all Councilmembers present except Councilmember Higginson who
was absent from the meeting.
ITEM 12
EMPLOYEE SUGGESTION AWARDS PROGRAM
Staff report by City Manager Bowersox. To encourage city employees to suggest
ideas for reducing costs, increasing safety levels and providing better service
in the community, staff is recommending adoption of a Employee Suggestion Awards
Program.
Council suggested expanding the program to recognize employees for "doing
something out of the ordinary."
Motion by Councilmember Emery, seconded by Councilmember McIntyre, to approve
the Employee Suggestion Awards Program as submitted, authorize the transfer of
$3,500 within the Personnel Division to fund the program, and encourage staff to
explore other possible components for the program. Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 12.1
PURCHASE FROM NATURE CONSERVANCY
Staff report by City Manager Bowersox. This item was continued from the October
1, 1991 meeting and Council had requested additional reports from the City
Attorney regarding increasing the city's liability if it owned the former
Sunwood Subdivision and from the Engineer regarding what uses could be safely
placed on the property without building a buttress. The City Attorney has
concluded the city has immunity from liability if the property is left in its
natural condition and the City Engineer has reported that Metate Lane could be
widened, in fact the rough grading for that was done sometime in the past, to 40
feet without disturbing the landslides. Staff recommends negotiations with the
Nature Conservancy to acquire the property.
Speaking in favor of staff recommendation:
Wayne Brechtel, 380 Stevens Avenue, Solana Beach, attorney representing the
Nature Conservancy.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
McIntyre, to approve staff recommendation and direct the City Manager to look at
acquisition alternatives other than direct purchase. Motion carried 3-1 with
Councilmember Snesko voting "no" and Councilmember Higginson absent.
Councilmember Snesko expressed his opposition to expending funds for property
that will remain open space without our purchase.
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Page 7 - CITY OF PONAY - October 8, 1991
ITEM 12.2
COMMUNITY ROAD WIDENING
Item introduced by City Manager Bowersox. Staff report by City Engineer Weston.
On October 1, 1991, a Community road resident expressed safety concerns
regarding the job site at Community and Twin Peaks Road. Staff has determined
that the items had been corrected the previous week under a correct notice
issued by the Engineering Services Department. Staff recommends the report be
received and filed.
Council concurred with staff recommendation and requested staff research adding
monetary penalties for safety violations or property disruption as part of the
contracts.
RECESS AHI) CALL TO ORDER
Mayor Goldsmith recessed the meeting at 8:45 p.m., and called it back to order
at 8:50 p.m., with all Councilmembers present except Councilmember Higginson who
was absent from the meeting.
ITEM 12.3
LIST OF REDEVELOPMENT PROJECTS
Staff report by City Manager Bowersox. Staff has prepared a preliminary list of
projects to update the Redevelopment Plan for the Paguay Redevelopment Project.
Once the Council has given input, staff will prepare cost estimates for each
project. The revised plan is scheduled to be adopted by May, 1992.
Council concurred they will look at this again with the goals and objectives.
ITEM 21
CITY MANAGER ITEMS
A) City Manager Bowersox reported that water conservation efforts were 15%
during the past week and for the month.
B)
City Manager Bowersox reported that the City has received an orchid from the
San Diego Chapter of the American Institute of Architects for the Master
Biological Assessment done in conjunction with the update of the General
Plan and coFiwl)ended the Planning Services Department staff.
ITEM 22
CITY ATTORNEY ITEMS
A)
Assistant City Attorney Smith requested a closed session pursuant to
Government Code Section 54956.8, to instruct the city's negotiator regarding
acquisition of real property, located at Midland Road and Aubrey Street,
Margaret Ogle, owner.
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Page 8 - CITY OF POWAY - October 8, 1991
B)
Council concurred with the City Attorney's recommendation to review and
revise the City Council procedure ordinance, Chapter 2.18 of the Poway
Municipal Code.
NAYQIt AHO CITY CQUNClL-IHITIATEO ITEI~
24. A)
Mayor Goldsmith announced the following appointments to the Poway Road
Specific Plan Advisory Committee: David Higgins, Bud Weiderrich
(Chamber of Commerce); Jeannie Niles, Kyle Everson {Business Advisory
Committee); Mickey Cafagna, Duke Ayers {Redevelopment Advisory
Committee); Randy Wilkins, Elaine Flynn (Transportation Advisory
Committee); Rex Brown, Ed Malone, Vicki Lazowski {Goldsmith); Jerry
Long (Snesko); David Calvert {McIntyre); Mehdi Kazemzadeh {Emery);
Jeanne Schneider (Higginson). Mickey Cafagna will serve as Chair.
8)
Mayor Goldsmith stated that the SANDAG Transportation Control Measure
Plan does not include sufficient funding to meet their commitment to
the 1-15 corridor of expanded express bus service equivalent to mass
transit available in other areas of the County and requested the City
Council take action to oppose the Plan at the SANDAG November 22
meeting. The Mid-County Association of Communities voted unanimously
to oppose it and they will request their local planning boards and
Chambers of Commerce to express opposition.
Diane Rath, representing the Poway Chamber of Commerce, stated the
Chamber Board took action to support Mayor Goldsmith's position.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to
oppose SANDAG's Transportation Control Measure Plan as proposed.
Motion carried 4-0 with Councilmember Higginson absent.
c)
Goldsmith stated there had been state legislation introduced which
would make our drug abatement ordinance apply to the entire State and
requested information on its status. He also requested a report
regarding use of a zero tolerance policy in publicly owned mobilehome
parks.
CLOSED SESSION
Mike Schoonover, Carriage Realty, 2205 E. Valley Parkway, Escondido, represent-
ing Mrs. Ogle stated the following conditions for sale of the property to the
City: 1) refer to the private road as Ogle Way; 2) supply a copy of the second
City appraisal by October 9, 1991; 3) submit an offer to purchase by October 29,
1991.
Mayor Goldsmith called for a Closed Session at 9:35 p.m.
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Page 9 - CITY OF POWAY - October 8, 1991
CALL TO ORDER AHO AI)~OURHNEHT
Mayor Goldsmith called the meeting back to order at 10:09 p.m., with all
Councilmembers present except Councilmember Hlgginson, who was absent from the
meeting, and stated the City Council had taken action in closed session to
decline to release the appraisal. Upon motion by Councilmember Emery, seconded
by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned. The
time of adjournment was 10:10 p.m.
Marjor~e K. Wahlsten, City Clerk
City o~P~way
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