CC 1991 12-10CiTY OF POWAY, CALIFORNIA
#ZNUTES OF THE CiTY COUI~)'L REGULAR NEETZNG
OECENBER 10, 1991
The December 10, 1991, regular meeting of the City Council of the City of
Poway was called to order at 7:01 p.m. by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUI~IL#ENBER$ AN$NERING ROLL CALl
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF NENBER$ PRESE#T
James Bowersox
Steve Eckis
Robert Thomas
Mark Sanchez
Peggy Stewart
Reba Wright-Quastler
Mark Weston
Jim Bentz
Steve Streeter
Janis Acosta
Nancy Neufeld
City Manager
City Attorney
Director of Community Services
Director of Safety Services
Director of Administrative Services
Director of Planning Services
Director of Engineering Services
Manager of Community Services
Assistant Director of Planning Services
Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL C(~INUNICATION~
Mayor Goldsmith explained the procedure for Public Oral Communications. Present
to speak:
Councilmember Snesko played a video of his wedding vows to commemorate his
20th wedding anniversary, and presented his wife Valerie, with a
bouquet of roses. '
Councilmember McIntyre stated that she was voting "no" on Item 19 of the Consent
Calendar. Motion by Councilmember Higginson, seconded by Councilmember Snesko
to approve the Consent Calendar as follows:
14. Approval of Minutes - City Council:
November 19, 1991, Regular Meeting
16. Ratification of Warrant Register - November 21, 1991
(401-10)
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Motion carried unanimously, except
Councilmember McIntyre voting "no."
17. Denial of claim for damages: Marilouise Karbosky {704-13)
19. Receive and file report on survey for soundwall on south side of Poway Road
at west city limits and direct staff to include on a list for future
funding. {1110-02 R/A)
20. Adoption of Resolution No. 91-136 entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing a Time Limited 'No
Parking and Bus Loading Zone' on Bowron Road." {1163-01}
21. Adoption of Resolution No. 91-137 entitled, "A Resolution of the City
Council of the City of Poway, California, Authorizing the Mayor to Execute a
Memorandum of Agreement Between Other North County Cities the County of San
Diego, SANDAG, the United States Fish and Wildlife Service, and the State
Fish and Game Department." (602-01, #901)
on Item 19, which carried 4-1 with
ITEM 6 (203-14)
COUNTY USE PERMIT P-75-66M4/DEVELOPMENT REVIEW 91-30
APPLICANT: PENASQUITOS CONGREGATION OF
JEHOVAH'S WITNESSES
Mayor Goldsmith stated that this item will be taken out of order and heard at
this time. Mayor Goldsmith opened the public hearing. Item introduced by City
Manager Bowersox. Staff report by Director of Planning Services
Wright-Quastler. This is a request to construct a 2,711 square foot two-story
addition to an existing worship hall located at 12337 Meadowbrook Lane. On
October 29, 1991, the Council approved a variance for a reduction of the 50 foot
setback to 19 feet from the adjacent residential zone. Staff recommends appro-
val.
Speaking in favor of staff recommendation:
Ken Chernish, P.O. Box 2695, Escondido, representing Jehovah's Witnesses
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing, and adopt Planning Resolution No. P-91-85 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Modification to P75-66M4 and Development Review 91-30, Assessor's Parcel Number
317-031-36." Motion carried unanimously.
ITEM 8 {1180-03}
RESPONSE TO CITIZEN INQUIRY
RE: BOWRON ROAD TRAFFIC & DRAINAGF
Introduction by City Manager Bowersox. Staff report by Director of Engineering
Services Weston. At the November 19, 1991 meeting, Orval Hill raised several
issues concerning drainage and traffic at the Bowron Road and Civic Center Drive
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intersection. Staff has prepared a report indicating that the drainage improve-
ments are budgeted as a CIP project to be completed next year, and that the
Traffic Safety Com~mmmlttee recon~ends road bumps or additional signage is not
necessary. Staff recommends the report be received and filed.
Speaking in opposition to staff recommendation:
Orval Hill, 13001 Bowron Road, requested 15 mph in front of Valley School
and that the west end of Community Park be lowered to improve drainage.
Council directed staff to refer the request of a 15 mph speed limit in front of
Valley School to the Traffic Safety Committee, and concurred to receive and file
report.
ITEM 4 (203-01)
SPECIFIC PLAN AMENDMENT SPA 84-01R
Mayor Goldsmith stated that this public hearing was continued from November 26,
1991. Item introduced by City Manager Bowersox. Staff report by Director of
Planning Services Wright-Quastler. At the July 25, 1991 workshop session,
Council directed staff to review the open space areas within the South Poway
Specific Plan in order to more closely reflect actual use and conditions. The
proposal is to create four new open space categories as follows: Natural Open
Space, Open Space {ldu), Recreational Complex, and Mineral Resource Extraction.
The Open Space {ldu} category would recognize the property owners' right of one
residential unit per 40 acres of unsubdivided property, or one dwelling unit per
existing legal lot. Rural Residential development standards would apply to this
category. The Recreational Complex designation would not apply to specific par-
cels, but only set forth requirements for future applications within the
Specific Plan area.
Speaking in opposition to staff recommendation: Jerry Hargarten, 13622 Orchard Gate Road
David Castle, 14525 High Pine Street, clarified location of his property
Betty Rexford, 11570 Creek Road
Mike Fry, 12819 Selma Court
Bruce Tarzy, 15912 Ranch Hollow Road
Speakers requested that the number of allowable residential dwelling units in
South Poway be specified in the proposal; deletion of the reference "or other
use" from Page 5 of the agenda report under Mineral Resource Extraction; intent
for the CalMat property be Open Space-Resource Management when reclamation has
been completed; and that zones adopted with the 1991 General Plan Update are
adequate for South Poway. Director of Planning Services Wright-Quastler
clarified that South Poway is zoned Planned Community {PC) and we are con-
sidering land use designations, not zones, within that Specific Plan area.
Speaking in favor of staff recommendation:
Severo Chavez, CalMat, P.O. Box 3098, San Diego
John Lively, 9628 Campo Road, Spring Valley, stated he is partner in L & Mac
properties which owns the MacLauchlan property.
Marty Montgomery, 476 Delage Court, Encinitas, requested clarification
on the application process for a water theme park.
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Following extensive discussion, Council directed staff to report back regarding
the number of allowable dwelling units in the South Poway Planning area since
the adoption of Proposition FF in 1988, and an update listing of those which
have been allocated. Council concurred that an amendment for the Recreational
Complex designation should be initiated at the time an application is received;
and that the Mineral Resource Extraction designation for the CalMat property
should spell out what category the land reverts to when the Reclamation Plan has
been completed.
Motion by Councllmember Emery, seconded by Councilmember Higglnson to continue
the public hearing to January 21, 1992. Motion carried unanimously.
Mayor Goldsmith recessed the meeting at 8:40 p.m., and called it back to order
at 8:48 p.m., with all Councilmembers present, except for Councilmember Snesko,
who had left the meeting.
ITEM 5 (701-04)
ORDINANCE NO. 348
SWIMMING POOL FENCING
Mayor Goldsmith stated this public hearing was continued from November 26, 1991.
Staff report by City Manager Bowersox. The proposed ordinance would require
fencing for swimming pools, spas and ornamental ponds regardless of the size of
the lot. Currently, fencing is required for swimming pools on lots one acre or
less. The updated Uniform Building Code will be ready for adoption in Spring of
next year and will address swimming pool fencing. This ordinance would set
interim standards until the UBC is adopted. Staff recommends adoption of the
ordinance.
There was no one present wishing to speak.
Council expressed concern regarding fencing required in connection with replace-
ment, upgrading, or retrofitting of existing spas and swimming pools since this
proposal was not to be retroactive, and the requirement for fencing very large
lots.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to remove
this item from calendar, and to bring back when we have the wording from the
updated Uniform Building Code. Motion carried 4-0 with Councilmember Snesko
absent.
ITEM 7 (1401-01)
PARKING AT COMMUNITY PARK
Staff report by City Manager Bowersox. At the September 10, 1991 meeting,
Councilmember Snesko stated that parking at Community Park was not adequate when
several events were being held at the same time and requested staff look at
parking alternatives. Staff has reviewed the parking needs and usage patterns
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Page 5 - CITY OF POWAY - December 10, 1991
and recommends the following steps be taken: 1) directional sign to the
8owron/soccer field parking lot; 2) consider as a future CIP project a lighted
pathway north of the soccer field parking lot; 3) stripe all curb side parking;
4} meet with PVSC to determine desire for a bingo shuttle at a cost to them of
$30 per hour on Saturday evenings; 5) continue public awareness of available
parking; and 6} continue to coordinate activities with the senior center.
Councilmember Higginson stated that the sign at the entrance of
Co~w~)unity Park needs updating and requested funds be budgeted in 1992-93 for a
new sign.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
staff recommendation. Motion carried 4-0 with Councilmember Snesko absent.
ITEM 9 (1170-08)
DISCUSSIONS WITH CITY OF ESCONDIDO RE:
PURCHASE OF RECLAIMED WATER
Item introduced by City Manager Bowersox. Staff report by Director of
Engineering Services Weston. The City of Escondido is designing a reclaimed
water distribution system and upgrading the Hale Avenue Treatment Plant as a
result of the recent City of San Diego's San Pasqual Valley reclaimed water
master planning study. These upgraded facilities could provide reclaimed water
for irrigation demands in the north end of Poway. Staff recommends authoriza-
tion to initiate discussions with the City of Escondido to purchase reclaimed
water from their facilities.
Mike Fry, 12819 Selma Court, commented that he understood the north Poway sewage
goes to the Hale Avenue Treatment Plant already. City Manager Bowersox stated
50,000 gallons per day {gpd) goes to the Hale Avenue plant, of a total 1 million
gpd generated in the north basin.
Council directed staff to explore participating in any Hale Avenue facility
expansion project to obtain increased capacity in that facility for the north
pump station sewage flow.
Motion by Councilmember Emery, seconded by Councilmember Higginson to approve
staff recommendation. Motion carried 4-0 with Councilmember Snesko absent.
ITEM 10 (1401-13)
BID PROCESS FOR SOUTH POWAY SPORTS PARK
City Manager Bowersox stated that additional information is being obtained by
staff and that the report is not completed for this item. Staff recommends
continuing to December 17, 1991.
Councilmember McIntyre requested Council policy direction regarding a public/
private partnership plan in which the Request for Proposals would be prepared to
include design/financing/building/operation of the park in the early stages.
This would be in an effort to decrease City's contribution to the project and
generate ongoing revenues to the City.
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Councll requested a written report prior to discussing the specific tssues,
however, they concurred they are In favor of the concept.
City Attorney Eckls stated that since this is a public project, subject to the
public bidding process, and since these are "uncharted" waters, he is working to
resolve several issues included in the public/private concept. In addition,
the park being in the LMD raises other issues to be worked out.
Motion by Mayor Golsdmith, seconded by Councilmember Higginson to continue this
item to January 7, 1992, and directed staff to work with Councilmember McIntyre
to address the issues she's raised. Motion carried 4-0 with Councilmember
Snesko absent.
ITEM 11 (1110-01)
ESPOLA ROAD ALIGNMENT
Councilmember McIntyre announced she was disqualifying herself from this item
and left the room at 9:58 p.m.}
Item introduced by City Manager Bowersox. Staff report by Director of
Engineering Services Weston. Staff has prepared an alignment study for Espola
Road from Twin Peaks Road to Willow Ranch Road. This alignment would be adopted
as a result of the recent designation as a 4-lane secondary arterial in the
General Plan. This project has no funding presently, other than for alignment
studies, and could possibly be ranked as a Capital Improvement Project in five
years. The identification of its future alignment is necessary in order to
secure easements and dedications during development planning in the area.
Staff recommends presenting the alignment study to the Transportation Advisory
Committee and then to the residents prior to adoption.
Joyce Nolte, 14661 Espola Road, expressed residents'
impacts and asked when the project would be necessary.
in the entire planning process.
concern regarding sound
She asked to be involved
Motion by Councilmember Emery, seconded by Councilmember Higginson, to direct
staff to obtain residents' input in the early planning stages, invite residents
to Transportation Advisory Committee when road alignment is reviewed, and TAC to
include in their report back to Council the impacts of planned transportation
projects on Espola Road traffic as to when this project might be necessary.
Motion carried 3-0, with Councilmember Snesko absent and Councilmember Mclntyre
disqualifying herself.
(Councilmember McIntyre reentered the meeting at this point.)
ITEM 12 (602-01 #900)
AGREEMENT FOR FIRE ENGINE
Staff report by City Manager Bowersox. Staff recommends approval of an
agreement with the State of California, Office of Emergency Services, to place a
State 1971 International fire engine in the City indefinitely. This would
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Page 7 - CITY OF POWAY - December 10, 1991
function as a reserve unit and the City would be mandated, upon request of the
Office of Emergency Services, to respond to any major incident within the State.
The City would receive reimbursements for personnel costs from Forest Service
agencies when responding outside of the County of San Diego.
Motion by Councilmember Higglnson, seconded by Councilmember Emery to approve
staff recomiml~endation. Motion carried 4-0, with Councilmember Snesko absent.
ITEM 13 (203-08)
STATUS OF CALMAT ACCESS ROAD
Staff report by City Manager Bowersox. On November 26, 1991, a resident of
Creek Road expressed concern that the private access road from the CalMat pro-
perty to Kirkham Way had not been completed yet. When CalMat's Conditional Use
Permit was approved on July 23, 1991, it was anticipated that the access road,
including design, plan check and construction, would be completed within 6
months. CalMat has submitted a listing of the steps they have taken to comply
and staff indicates that progress has been made in complying with the conditions
of approval. Mark Weston, Director of Engineering Services, stated that the
grading plans for the access road are in their final plan checking stages and
that the permit should be issued by the end of the month, with construction
beginning in January 1992. The conditions of approval require construction to
begin 60 days after the permit issuance and that the road be completed 60 days
from start of construction. Staff has also noted that a 600 foot section of
Kirkham Way, which is part of the Tech Business Center project, needs to be
completed before CalMat can utilize their haul road. Staff recommends report be
received and filed.
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court, who also read a letter from Jerry Hargarten
Betty Rexford, 11570 Creek Road
Jim Rostvet, 11550 Creek Road
Speakers expressed concern regarding the delay in completing the road and
requested the approval process be speeded up.
Speaking in favor of staff recommendation:
Severo Chavez, CalMat, P.O. Box 3098, San Diego, stated they are completing
repairs to Creek Road this month, and that they are waiting final City
approvals before their permit can be issued. He committed to
completing the road within 120 days from day final grading permit
received, as required.
Upon Council inquiry, Neville Bothwell, Tech Business Center, 3575 Kenyon
Street, San Diego, stated that they will work with CalMat to facilitate the
completion of the Kirkham Way connection to the haul road.
City Manager Bowersox stated that staff will report back in early January lg92
regarding the status of construction and that the Council will be advised of the
date of the final plan check and permit issuance. Council concurred to receive
and file report.
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ITEM 13.1 (203-02)
REQUEST FOR REHEARING TTM 85-03M{2)/MDR 91-55
APPLICANT: GILBERT AND SHIRLEY VASQUEZ
Staff report by City Manager Bowersox. On November 19, 1991, the Council
approved TTM 85-03M(2)/MDR 91-55. The applicants have requested a rehearing in
order to discuss the conditions of approval for open space dedication. Staff
recommends granting the applicant's request for a rehearing and that the public
hearing be scheduled for January 28, 1992.
City Attorney Eckis stated that since the suggestion of an Irrevocable Offer of
Dedication arose at that meeting and the applicant did not have time to fully
study the proposal, he finds merit in the request for a rehearing.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to set a
public hearing for January 28, 1992, to reconsider Tentative Tract Map
85-03M(2) and Minor Development Review 91-55.
ITEM 13.2 {701-04 #349)
ORDINANCE NO. 349 - URGENCY
SET ASIDE OF AFFORDABLE HOUSING UNITS
Mayor Goldsmith read the title of Ordinance No. 349, "An Ordinance of the City
of Poway, California, Adding Sections 16.10.050D and 17.52.040D to the Poway
Municipal Code Pertaining to the Set Aside of Affordable Housing Units and
Declaring the Urgency Thereof."
City Manager Bowersox stated that as a result of the newly amended Housing
Element, adopted with the General Plan Update, the City is mandated to require
developers to set aside 15% of housing units within a project as affordable.
The permanent ordinance is to be in place within one year of the General Plan
adoption. This interim ordinance would place temporary affordable housing
requirements until the permanent ordinance can be drafted and adopted. Staff
recommends adoption by a four-fifth vote of the urgency ordinance.
Motion by Councllmember Higginson, seconded by Councilmember McIntyre, to adopt
Ordinance No. 349 as a urgency measure. Motion carried 4-0 with Councilmember
Snesko absent on a roll call vote.
ITEM 22
CITY MANAGER ITEMS
A. City Manager Bowersox reported that water conservation efforts are at 31%
for the month to date.
City Manager Bowersox stated that Judge Haller has scheduled December 11,
1991, at 4:00 p.m., to announce the decision regarding Smith vs. City of
Poway.
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Page 9 - CITY OF POWAY - December 10, 1991
MAYOR AND CITY COUNCIL-INITIATED ITEMS
25. A. Council concurred to make the following reaffirmations:
Business Advisory Committee: Jeannie Niles (Snesko); Kyle Everson
{Goldsmith); Stephanie Starks {Goldsmith); Rex Brown {Higginson); with
two vacancies {Emery, McIntyre).
Redevelopment and Housing Advisory Committee: Duke Ayers (Goldsmith);
Mickey Cafagna {Goldsmith); Alan Dusi {Goldsmith}; Betty Rexford
{Emery}; Susan Callery (Emery); David Churchill {Emery); Joyce Eiswald
{Higginson); Gordon Meyer {Higginson); Darwin Drake {McIntyre); Peggy
Lester {McIntyre); Tom Tremble {McIntyre); Paul Grimes (Snesko); Lois
Downs {Snesko); Scott Gray {Snesko); with one vacancy {Higginson).
Mayor Goldsmith announced the following Chamber appointments to the
Business Advisory Committee: Dennis Shirrel {Chamber President);
Dianne Rath; Larry Valente.
C. Council concurred to reappoint Dolores Doty to the Performing Arts
Advisory Committee for a second 2-year term.
Mayor Goldsmith announced Jerry Hargarten as his appointment to the
Poway Road Specific Plan Advisory Committee.
27. Councilmember McIntyre stated she was removing her item from calendar.
Mayor Goldsmith adjourned the meeting in memory of 17-month-old Michelle May who
passed away of acute lymphatic leukemia December 4, 1991. Michelle was a Poway
resident for which over 1,000 donors were tested in an attempt to find a bone
marrow match.
Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:44 p.m.
Marjor(ie\K. Wahl City
sten, Clerk
City o~,._~oway
44tl