CC 1991 11-26 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 26, 1991
The November 26, 1991, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 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
Reba Wright-Quastler
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
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 wishing to speak:
Jan Rostvet, 11550 Creek Road, spoke regarding CalMat's private access
road and stated it was supposed to be under construction by now
according to their conditions of approval. Staff will report back
on December 10, 1991.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the
Consent Calendar as follows:
8. Ratification of Warrant Register for November 7, 1991
(401-10)
J
Denial of claim for Damages: A) Nancy Pinta; and B) Giovanni Reina.
(704-13)
10. Approval of City's Investment report for October 31, 1991.
(408-01)
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11.
Authorization to invest up to 2% of City's portfolio in the Benham GNMA
Income Fund with underlying securities with maturities of more than five
years. (408-05)
12.
Authorization to purchase Assessor Parcel Numbers 321-100-11, 12, 16, 17,
18 and 321-260-11 totaling 52 acres on Rattlesnake Creek east of Tooth
Rock for detention basin and mitigation property for South Poway
Expressway. (1002-01)
13.
Approval of ink colors (Spring - purple; Summer - Aqua; Fall - orange;
Winter - green) for printing Powa¥ Today. (1180-09)
14.
Acceptance of public improvements and release of securities for Tentative
Parcel Map 17183, Vahidi, located south of Donart Drive, east of Tierra
Bonita Road. (602-01, #468)
15.
Acceptance of public improvements and release of securities for Lakeview
Developers, George Khoury, applicant, located west of Lake Poway Road.
(602-01 #782)
16.
Adoption of Resolution No. 91-134, entitled, "A Resolution of the City
Council of the City of Poway, California, Initiating an Amendment to the
South Poway Specific Plan (SPA 84-01T)," for bulk oil storage requested
by Pennzoil Products Company. (203-21)
16.1
Acceptance of improvements at the intersection of Community Road and
Metate Lane from CF Poway, Ltd., and appropriation of $440,000 from the
South Poway Community Facilities District No. 1 Acquisition Fund.
(602-01 #16R)
16.2 Support of Federal Surface Transportation Assistance Act and direction to
notify the local Congressional delegation. (701-12)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 91-02 REVOCATION
DECLARATION OF PUBLIC NUISANCE
SEYED REZAI, OWNER
Mayor Goldsmith opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. On May 21, 1991, the City Council approved CUP 91-02
for the conversion of the former "Whiskey Creek" restaurant site at the northeast
corner of Poway Road at Olive Tree Lane into an auto dealership. No work was
done on the site, and following complaints from neighbors, staff instructed the
owner to demolish the building in September, 1991. The demolition has not been
completed and the building is an eyesore and a dangerous attraction. Staff
recommends the Conditional Use Permit be revoked and the owner be given until
December 6, 1991 to abate the public nuisance.
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If it is not completed by that time, staff will have the demolition done and the
cost charged to the owner.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Emery, to close the
public hearing and adopt Resolution No. P-91-81, entitled, "A Resolution of the
City Council of the City of Poway, California Revoking Conditional Use Permit 91-
02 and Declaring the Property at the Northeast Corner of Poway Road at Olive Tree
Lane a Public Nuisance and Ordering Abatement of the Nuisance by Removal of all
Building Materials and Debris from the Premises, Assessor's Parcel Numbers 323-
190-58, 64." Motion carried 4-0 with Councilmember Higginson absent.
Councilmember McIntyre asked if it would be possible to have the demolition
completed before the school Christmas vacation. City Manager Bowersoxstated the
city will be prepared to do the work immediately if the owner has not met the
December 6 deadline. Councilmember McIntyre also asked for clarification in the
Resolution regarding who pays the costs if the city does the work. Attorney
Eckis stated he would look at the Resolution and report later in the meeting.
(See Item 18 for further information on this item.)
ITEM 5 (203-02)
TENTATIVE PARCEL MAP 88-03R TIME EXTENSION
APPLICANT: ROBERT & MARGERY HARTSFIELD
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one-year time extension for Tentative Parcel
Map 88-03R located on the southeast corner of Kingman and Oak Canyon Road. 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 Resolution No. P-91-82, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 88-
03(R)TE, Assessor's Parcel Number 278-300-64." Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 6 (203-21)
SPECIFIC PLAN AMENDMENT SPA 84-01R
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. The staff report for this item is not ready and staff recommends
continuance to December 10, 1991; however in the pre-agenda meeting, it was
determined that a policy discussion at this meeting would be helpful in preparing
the staff report.
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Director of Planning Services Wright-Quastler presented the background for the
proposal to create four Open Space land use categories for the South Poway
Planned Community and redesignate 1098 acres into the new categories. The four
categories are Natural Open Space, Commercial Recreational, Limited Residential,
and Mineral Resource Extraction. The Commercial Recreation is a result of the
pre-development conferences for the proposed water park, and golf course/resort;
and the Limited Residential reflects the ability of a property owner to build one
residence on Open Space-designated property.
David Castle, 14525 High Pine Street, expressed concern regarding what will
happen to the property south of him.
Council discussed the Limited Residential and Commercial Recreation categories
and the expectations those words could create. They concurred to direct staff
to not apply the Commercial Recreation designation to property before we've
received an application for a project, and to not use the wording "limited
residential."
Councilmember McIntyre requested that in the future agenda items initiating
specific plan amendments bedone as staff reports, not on the Consent Calendar.
Motion by Councilmember Emery, seconded by Councilmember Snesko to continue this
item to December 10, 1991. Motion carried 4-0 with Councilmember Higginson
absent.
ITEM 7 701-04
ORDINANCE NO. 348
SWIMMING POOL FENCING
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. The staff report is not completed for this item and staff requests
continuance to December 10, 1991.
In discussion, Council concurred this regulation should not apply retroactively.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to continue
this item to December 10, 1991. Motion carried 4-0 with Councilmember Higginson
absent.
ITEM 17
CITY MANAGER ITEM
City Manager Bowersox reported the water conservation efforts for the month of
November continue at 26%.
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ITEM 18
CITY ATTORNEY ITEMS
City Attorney Eckis responded to Councilmember McIntyre's request regarding Item
4 and recommended the sentence, "Said cost, if not reimbursed to the City, shall
be assigned to the owner," be added to Section 6 of the Resolution for
clarification. Council concurred.
MAYOR
20.
22.
23.
AND CITY COUNCIL-INITIATED ITEMS
Mayor Goldsmith reported the next hurdle for the 1-15 mass transit funding
"fight" will be at the MTDB meeting on December 12 and he is working with
Councilmember Emery.
Councilmember McIntyre stated the City Council needs some way to have a
formal dialogue with the Poway Valley Senior Citizens and suggested a sub-
committee of the Council to meet with PVSC. The Council concurred and
appointed Councilmembers McIntyre and Snesko.
Councilmember Snesko requested the" Not a Through Street" sign be replaced
on Claire Drive at Garden Road. Trucks attempt to get to the South Poway
Business Park on that road.
Councilmember Snesko asked when landscaping would be placed around the new
water tank in South Poway. City Manager Bowersox stated a landscaping
plan will be prepared.
ADJOURNMENT
Mayor Goldsmith adjourned the meeting at 7:32 p.m. on motion by Councilmembers
Emery and Snesko.
Marjori~ I~. Wahlsten, City Clerk
City of~way
minutes\l 1-26-91. c
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