CC 1991 11-19 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 19, 1991
The November 19, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Mark Sanchez
Steve Streeter
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Safety Services
Assistant Director of Planning Services
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. The following
person was present to speak:
Orval Hill, 13001Bowron Road, spoke about the poor drainage at the corner of
Bowron Road and Civic Center Drive. City Manager
Bowersox stated staff will report back on December 10,
1991.
CONSENT CALENDAR
Mayor Goldsmith stated he was pulling Item 13.2 from the Consent Calendar.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the
Consent Calendar as follows:
Approval of Minutes - City Council:
October 22, 1991, Regular Meeting
October 24, 1991, Adjourned Regular Meeting
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10.
11.
12.
13.
13.1
Ratification of Warrant Registers for October 28 and 31, 1991.
(401-10)
Acceptance of donation of 2.9 acres located in the bed and shore of Poway Creek
approximately 215 feet south of Oak Knoll Road and west of Carriage Road from B.
F. Coogan, Ruth Marx, and Charles Hostler. (1002-01)
Acceptance of public improvements and release of securities for Carriage Road
Commercial, located west of Carriage Road south of Poway Road from Griffith
Martin. {602-01, #794)
Adoption of Resolution No. 91-192, entitled, "A Resolution of the City Council
of the City of Poway, State of California, Annexing Territory to the Sewer
Improvement District of the City of Poway, Olive Tree Lane Annexation";
appropriation of $1,596 from the sewer reserve to the neighborhood loans-sewer;
and authorization to use $51,596 from the neighborhood loans-sewer program for
low interest loans to 13 properties. {1170-11)
Adoption of Resolution No. P-91-78, entitled, "A Resolution of the City Council
of the City of Poway, California Approving Temporary Use Permit 91-64," for 3
off-site special event signs to promote performances of the "Nutcracker" at the
Performing Arts Center. (203-07)
Motion carried unanimously.
ITEM 4 (203-01)
TENTATIVE TRACT MAP 85-03(M)(2)
MINOR DEVELOPMENT REVIEW 91-55
APPLICANT: GILBERT VASQUEZ
Mayor Goldsmith stated this public hearing was continued from October 29, 1991. Staff
report by City Manager Bowersox. This is a request to construct a 8,500 square foot
home on a 35 acre property at the terminus of Boulder Mountain Road. A modification
to the resolution of approval for Tentative Tract map 85-03 has been requested to
permit the building to be sited at a higher elevation than originally approved.
Changing the site requires a road through the open space easement dedicated on the map
and the applicant proposes a trade of open space on the lot. Since approval of the
Williams map, the city's policy is to take open space in fee title, rather than by
easement, to preclude an owner from grading or otherwise disturbing the open space.
The applicant is opposed to this.
Speaking in opposition to staff recommendation:
David Larkin, 969 Vale Terrace, Suite D, Vista, attorney for Mr. Vasquez
Gilbert Vasquez, 6825 Ridge Manor Avenue, San Diego
Both speakers stated their opposition to giving title to 20 acres of open space to the
city.
Motion by Councilmember Snesko, seconded by Councilmember McIntyre to take the open
space by easement only.
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Bruce Tarzy, 15912 Ranch Hollow Road, suggested a compromise whereby the applicant
would execute an Irrevocable Offer of Dedication that could only be exercised if
certain conditions were met, such as grading violations.
Councilmembers Snesko amended the motion and second to close the public hearing and
adopt Planning Resolution No. P-91-79, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Tentative Tract Map 85-03 Modification (2) and
Minor Development Review 91-55, Assessor's Parcel Numbers 275-260-23; 275-470-21, 24,"
requiring an open space easement with an IOD subject to conditions." Motion carried
4-1 with Councilmember Emery voting "no."
City Attorney Eckis invited Mr. Larkin to submit suggested language for the conditions
on the IOD.
ITEM 4.1 (203-11)
UPDATED GENERAL PLAN
Mayor Goldsmith stated this public hearing was continued from November 12, lg91 and the
goal is to adopt the Updated General Plan at this meeting. City Manager Bowersox
stated that one of the decisions yet to be made is the language for the Single Room
Occupancy Hotel in the Housing Element. Staff has prepared three options for that
language. Director of Planning Services Wright-Quastler stated that the changes
previously made by the Council are incorporated either in the text or resolution
adopting the General Plan.
The following persons were present to speak:
Jerry Hargarten, 13622 Orchard Gate Road, stated opposition to the
Bergeson Bill.
Bruce Tarzy, 15912 Ranch Hollow Road, proposed language for the AH
overlay criteria that it is the goal to maximize the percentage of units
in an AH project that will be constructed as affordable units
Betty Rexford, 11570 Creek Road
Mike Fry, 12819 Selma Court, pointed out several items that appear to be
incorrect in the EIR. Director of Planning Services Wright-Quastler
stated she will look at each of these and determine if changes need to be
made in the final document.
Motion byCouncilmember McIntyre, seconded by Councilmember Snesko, to use language for
a SRO that incorporates the text from option 1, the Program D in option 2, and
transfers the 50 units to the AH category. Motion carried 4-1 with Councilmember Emery
voting "no."
Council discussed Dr. Tarzy's suggestion regarding number of units in an AH project
that would be affordable. Motion by Councilmember McIntyre, seconded by Councilmember
Snesko to use the following language proposed by City Attorney Eckis, "It is the goal
of the city to maximize the percentage of units in an AH project that can reasonably
be constructed as affordable units. Accordingly, the specific plan for an AH project
may provide that some or all of the units permitted by the underlying density shall
also be and remain affordable. Each Affordable Housing Specific Plan shall require
that all "bonus" units be and remain affordable.." Motion carried unanimously.
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RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 8:50 p.m. and called it back to order at 8:58
p.m. with all Councilmembers present.
UPDATED GENERAL PLAN - CONTINUED
Motion by Councilmember McIntyre, seconded by Councilmember Higginson, to change the
language in the next to last paragraph on page VIII-69 to "...its highest priority for
the use of Housing Fund monies not already budgeted will be to provide affordable
housinq." Motion carried unanimously.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to include the added
wording on Page VIII-53 to the strategies on VIII-52. Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public
hearing. Motion carried unanimously.
Motion by Councilmember Emery, seconded byCouncilmember Higginson to adopt Resolution
No. 91-130, entitled, "A Resolution of the City Council of the City of Poway,
California Certifying the Final Environmental Impact Report, Adopting Written CEQA
Findings for Identified Significant Environmental Effects and Project Alternatives, and
Adopting the Mitigation Monitoring Program, (SCH #91051027) Lead Agency/Project
Applicant: City of Poway." Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution
No. 91-131, entitled, "A Resolution of the City Council of the City of Poway,
California Adopting the Updated General Plan and Statement of Overriding Considerations
of the City of Poway Comprehensive Plan." Motion carried unanimously.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution
No. 91-132, entitled, "A Resolution of the City Council of the City of Poway,
California Denying Without Prejudice Zone Change ZC 91-01A." Motion carried
unanimously.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Resolution
No. 91-133, entitled, "A Resolution of the City Council of the City of Poway,
California Denying Without Prejudice Zone Change ZC 91-01B." Motion carried
unanimously.
City Manager Bowersox read the title of Ordinance No. 347, "An Ordinance of the City
of Poway, California, Changing the Zoning Classification of Certain Properties ZC 91-
01C."
Motion by Councilmember Emery, seconded by Councilmember Higginson to waive further
reading and set second reading of Ordinance No. 347 for December 3, 1991. Motion
carried unanimously.
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Page 5 - CITY OF POWAY - November 19, 1991
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 91-13
VARIANCE 91-09
APPLICANT: KEITH KELLEY
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a tennis court which will be a private recreational facility for
the Highlands Ranch development. A variance is requested to allow the court to observe
a zero side and rear yard setback. Director of Planning Services Wright-Quastler stated
the condition regarding a trail should be deleted.
Keith Kelley, 2620 Canyon Road, Escondido, requested the condition regarding the
landscape easement be modified to reflect actual conditions. Staff concurred.
Motion by Councilmember Higginson, seconded byCouncilmember Emery, to close the public
hearing and adopt Planning Resolution No. P-91-80, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Conditional Use Permit 91-13 and
Variance 91-09, Assessor's Parcel Number 272-761-05" as amended bystaff and applicant.
Motion carried unanimously.
ITEM 6 (1204-05)
RESPONSE TO CIF RE CLEAN WATER PROGRAM
Staff report by City Manager Bowersox. The Construction Industry Federation has raised
several issues regarding the water resource development charge. Staff has responded
to these issues and recommends the City Council receive and file the report. Council
concurred.
ITEM 7 (701-09)
LIBRARY ADVISORY COMMITTEE EXTENSION
Staff report by City Manager Bowersox. The Library Advisory Committee was appointed
on October 10, 1990 for a term of one year. Staff recommends their term be extended
to November 19, 1992.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to extend the term
of the Library Advisory Committee to November 19, 1992. Motion carried unanimously.
ITEM 13.2 (701-12)
FEDERAL SURFACE TRANSPORTATION ASSISTANCE ACT
Mayor Goldsmith stated he had removed this item from the Consent Calendar and requested
it be continued one week in order to see what action SANDAG takes on his request for
additional funding for transit in the 1-15 corridor at the November 22, 1991 meeting.
Council concurred.
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Page 6 - CITY OF POWAY - November 19, 1991
ITEM 14
CITY MANAGER ITEMS
City Manager Bowersox announced the water conservation efforts for the week and month
totaled 26%.
City Manager Bowersox announced the groundbreaking for Meadowbrook Multi-purpose Room
will be tomorrow at g a.m.
ITEM 15
CITY ATTORNEY ITEMS
City Attorney Eckis announced that Vincent Biondo,
Carlsbad, has been selected to be General Counsel
Authority.
City Attorney for the City of
of the San Diego County Water
City Attorney Eckis announced that the civil trial for enforcement of Jim Sullivan's
towing operation ended and the judge found in favor of the city. Mr. Sullivan was
given sixty days to terminate his use at the corner of Bowron and Poway Roads.
MAYOR
16.
AND CITY-COUNCIL INITIATED ITEMS
Councilmember Emery stated the Metropolitan Transit Development Board had
continued the issue of the "Little Italy" trolley line to their next meeting to
explore other funding alternatives.
17A. Mayor Goldsmith stated he and Councilmember Snesko will be Poway's
representatives to the Law Enforcement Contract Cities Committee.
17B.
19A.
19B.
20.
Mayor Goldsmith stated he will replace Councilmember Snesko on the Creekside
subcommittee, working with Councilmember McIntyre.
Councilmember McIntyre requested and received concurrence from the Council to
explore the feasibility of a manufacturers outlet mall in the Pomerado Business
Park which will require the use of some staff time.
Councilmember McIntyre requested and received concurrence from the Council to
direct staff to temporarily collect mitigation fees required with the
construction of room additions at the time of final occupancy. City Manager
Bowersox stated the Ordinance will be revised soon to make this a permanent
change.
Councilmember Snesko related an incident with a new business and asked about
temporary signs for new businesses. Director of Planning Services Wright-
Quastler stated all businesses are allowed 30 days a year for special event
signs, but sandwich boards are not allowed at all. City Manager Bowersox stated
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Page 7 - CITY OF POWAY - November 19, 1991
staff will report back re efforts to make businesses aware of the existing provisions
of the sign ordinance.
Councilmember Emery requested staff report back on "fuzzy" areas of the sign
ordinance.
ADJOURNMENT
Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor
Goldsmith ordered the meeting adjourned to 4:30 p.m., Thursday, November 21, 1991. The
time of adjournment was 10:02 p.m.
Marjori~e K~ Wahlsten, City Clerk
City ot~_~ay
minutes\Il- 19-91 .c
4388
NOTICE
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 19, 1991, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
Upon motion by Councilmember Hlggtnson,
seconded by Councilmember McIntyre, Mayor
Goldsmith ordered the meeting adjourned to
4~30 p,m,, Thursda.y, November ~1, 1991
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 10:02 p.m.
Wahlsten, City Clerk
City of~P~way, California
November 20, 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 November 20, 1991
Marjorie I0~ Wahlsten, City Clerk
City of ~g)~ay, California