CC 1991 12-17 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 17, 1991
The December 17, 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
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Garry MacPherson
Dave Bliss
Yolanda Collins
Penny Riley
Patrick Foley
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
DART Program Manager/Battalion Chief
Sheriff's Captain
Sheriff's Lieutenant
DART Asst. Program Mgr./Asst. Planner
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. The
following persons were present to speak:
Bill Barnick, 14645 Sunrise Canyon Road, spoke in opposition to sound
walls being built with public funds. Staff will report back on any future
proposals for walls.
Joye Davisson, 13733 Celestial Road, thanked the City Council and citizens
for their support of the Christmas Basket project.
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Mayor Goldsmith stated that staff has requested Item 22 be removed from calendar.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
14.
Approval of Minutes - City Council:
November 21, 1991, Adjourned Regular Meeting
November 26, 1991, Regular Meeting
December 3, 1991, Regular Meeting
16. Ratification of Warrant Register for November 26, 1991
(401-10)
17. Approval of City's Investment Report for November 30, 1991 (408-01)
18.
Receive and file transportation improvement projects quarterly status
report. (1110-01)
19.
Approval of Agreement for Funding Between City of Poway and the San Diego
Abandoned Vehicle Abatement Service Authority. (601-01, #902)
20.
Approval of final maps for Tentative Parcel Map 91-07 and Tentative Parcel
Map 91-08, Tech Business Center, applicant; located within the South Poway
Planned Community. (203-02)
21.
Acceptance of Silverset Park, from Standard Pacific, located between
Silverset Street and Fieldview Way, north of Triumph Way; receive and file
report of final accounting of funds. (1401-17)
22. Remove Vacation 91-12 from calendar.
(1002-06)
23.
Approval of Tonnage Grant Program Funding Agreement for recyclables
diverted from county landfills between City of Poway and County of San
Diego for fiscal year 1991-92. (602-01 #904)
24. Approval of revised schedule of hourly rates and amendment to agreement
between City of Poway and BSI Consultants, Inc. (602-01 #95)
25.
Award of bid for supply and installation of street signs, Phase V, to
Atlas Fence Company in the amount of $35,617. (1217) (602-01 #905)
26.
Adoption of Resolution No. 91-138, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Participation in the
Public Agency Retirement System (PARS)" for part-time employees.
27.
Authorization to post Local Appointments List required by the Maddy Act.
(701-09)
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28.
Appropriation of $50 for a U.S. Savings Bond for the first baby born to a
Poway resident at Pomerado Hospital in 1992. (401-13)
29.
Approval of charter amendment for the Performing Arts Advisory Committee
eliminating a member from the Poway Performing Arts Company and replacing
with a member from the Center's user organizations. (701-09)
30.
Annual review of development agreement with CF Poway, Ltd. finding they
have demonstrated good faith compliance with the agreement terms.
(602-01 #400)
31.
Annual review of development agreement with Parkway Partners finding they
have demonstrated good faith compliance with the agreement terms.
(602-0] #626)
32.
Annual review of development agreement with Environmental Development
finding they have demonstrated good faith compliance with the agreement
terms. (602-01 #830)
33.
Annual review of development agreement with Tech Business Center finding
they have demonstrated good faith compliance with the agreement terms.
(602-01 #835)
34.
Annual review of development agreement with Poway Corporate Center finding
they have demonstrated good faith compliance with the agreement terms.
(602-01 #836)
35.
Annual review of Development Agreement with McMillin Communities
finding they have demonstrated good faith compliance with the agreement
terms. {602-01 #874)
Motion carried unanimously.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 88-19M
APPLICANT: ST. BARTHOLOMEW'S EPISCOPAL CHURCH
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 modify an existing conditional use permit to include the
construction of a columbarium garden for the interment of cremated human remains.
Staff recommends approval.
Speaking in opposition to staff recommendation:
Alan Hemphill, 16241 Del Norte, speaking for Mary Smith, 16232 Del Norte
John Ponsiglione, 16240 Avenida Florencia
Lynwood Berg, 16226 Del Norte
David Katzman, 1285 Camino Merion, La Jolla
Larry Goldberger, 956 Avocado Place, Del Mar
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Speakers expressed opposition to a cemetery next to their homes when they would
be able to see and hear the services taking place there and cited the precedent
this would be setting for requests from other churches.
Speaking in favor of staff recommendation:
Mike Marshall, 18494 Aceituno St., San Diego, architect
Rev. Edward Mullins, 16275 Pomerado Road, rector of St. Bartholomew's
He stated that all Episcopal funeral services take place inside the
church.
Councilmember McIntyre stated she had walked the site and expressed concern that
this use is not specifically included in the zoning code as an accessory use to
a church and made a motion that this case be put on hold until Council can
clarify the accessory use question. There was no second.
Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-91-86, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit 88-19M, Assessor's Parcel Number
275-510-16," amended to require adequate screening that the neighbors cannot see
into the central area and directing staff to prepare the necessary clarification
to the Zoning Code. Motion carried 4-1 with Councilmember McIntyre voting "no."
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 90-19
APPLICANT: DEZZI BASHOGI
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a conditional use permit for a cafe in the
Carriage Center which will offer beer wine and other alcoholic beverages. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-91-87, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use
Permit 90-19, Assessor's Parcel Number 317-490-55," Motion carried unanimously.
ITEM 6 (1402-02)
LIBRARY SITE SELECTION
City Manager Bowersox introduced the item and gave a brief history of the Library
Advisory Committee and its duties, including review of possible library sites.
Mayor Goldsmith acknowledged the Committee members present and thanked them for
their work.
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Committee Chair Chris Ferguson presented the Committee's report and explained the
voting process that led to the recommendation of the Twin Peaks/Midland site over
Long's Drugs and Western Lumber. He emphasized that the majority of the
committee is not committed to a site, but to what is in the building. All three
sites are workable and the advantages and disadvantages of each do not make a
major difference.
The following persons spoke and gave their preferred location:
Susan Sheldon, 13411 Starridge Street, member of the Library Committee
and Friends of the Library, prefers Long's.
Cynthia Jahns, 12833 Shadowline Street, member of the Library Committee,
prefers Twin Peaks.
Sue Herndon, 16552 Corte Paulina, member of the Library Committee,
prefers Twin Peaks.
Joye Davisson, 13733 Celestial Road, President of the Friends of the
Library, stated any one of the three sites would work.
Vicki Lazowski, 14440 Golden Sunset Lane, prefers Long's.
Gordon Meyer, 14302 Sandhill Road, prefers Twin Peaks.
Mayor Goldsmith acknowledged others who were not present tonight for their years
of hard work with the Friends of the Library to bring improved library services
to Poway: Chris Coxsey, Linda Brannon, Barbara Ivory and the late "Bud" Barber.
Councilmember Snesko made a presentation regarding his support for the Western
Lumber site, emphasizing that this is the most blighted of the three sites and
best meets the criteria for use of redevelopment funds. He requested a
postponement of this item to have an independent architect evaluate the existing
building on the Western Lumber site.
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 9:12 p.m. and called it back to order at
9:20 p.m. with all Councilmembers present.
Councilmember McIntyre stated she personally prefers the Twin Peaks site, but
believes Long's is the fiscally prudent choice.
Councilmember Higginson stated he prefers the Twin Peaks site so that commercial
frontage is not removed from commercial use.
Councilmember Emery stated he has not made a decision between the Twin Peaks and
Long's sites as they both have advantages.
Mayor Goldsmith stated he prefers Long's and would recommend that if the owner
is unreasonable regarding acquisition then negotiations could commence for the
Twin Peaks site.
Motion by Councilmember Snesko to approve the Western Lumber site. There was no
second.
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Motion by Councilmember Emery to approve the Long's site and authorize staff to
commence negotiations for acquisition. If the negotiations are unsuccessful,
including contribution to the operating fund, then go to the Twin Peaks site.
Motion seconded by Councilmember McIntyre and carried 3-2 with Councilmembers
Higginson and Snesko voting "no."
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 10:30 p.m. and called it back to order
at 10:30 p.m. with all Councilmembers present.
ITEM 7 (701-09)
BUDGET REVIEW ADVISORY COMMITTEE
REVISED CHARTER
Staff report by City Manager Bowersox. At the November 21, 1991, workshop, the
City Council agreed to expand the duties and terms of office of the Budget Review
Advisory Committee. Staff has prepared a revised charter to incorporate these
changes and recommends approval.
Council discussed expanding the Committee from five members. Motion by
Councilmember Emery, seconded by Councilmember Snesko to approve the revised
charter with seven members. Motion carried unanimously.
ITEM 8 (1204-13)
DROUGHT ASSISTANCE RESPONSE TEAM
Staff report by City Manager Bowersox. He presented the accomplishments of the
Drought Assistance Response Team (DART) which was designed to operate through the
1990-91 year with seven employees from various city departments and recommended
that they be downsized to four members effective January 1, 1992 and reassigned
to the Administrative Services Department.
Motion by Councilmember Emery, seconded by Councilmember Higginson to approve
staff recommendation. Motion carried unanimously.
ITEM g (203-14)
DEVELOPMENT REVIEW 91-28
APPLICANT: MORTUARY SERVICES, INC.
Staff report by City Manager Bowersox. This is a request to construct an
addition and add a garage to an existing commercial building located at 13243
Poway Road. Staff recommends approval with conditions, including bring the
existing free standing sign into conformance.
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Motion by Councilmember Emery, seconded by Councilmember Hi§§inson to adopt
Planning Resolution No. P-91-88, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Development Review 91-28, Assessor's
Parcel Number 317-473-06." Motion carried unanimously.
ITEM 10 (602-01, #137R)
POWAY MOTORS, INC. RELOCATION
Staff report by City Manager Bowersox. All items relating to the relocation of
Poway Motors to the former Volkswagen site at 12255 Poway Road will be presented
on January 7, 1992. Staff recommends this item be removed from the calendar.
Council concurred.
ITEM 12 (1170-04)
SOLID WASTE RECYCLING ALTERNATIVES
Staff report by City Manager Bowersox. In order to comply with AB 939, the City
must prepare a Source Reduction and Recycling Element and a House Hazardous Waste
Element. In conjunction with a County-wide effort, the firm of Camp, Dresser,
and McKee has completed these preliminary studies. These studies will be
presented to SANDAG acting as the Solid Waste Task Force on January 24, 1992 and
then presented to the City Council at a public hearing. Staff's recommendation
for this meeting has been changed since the agenda was printed. It may be
necessary to give a five year notice to existing permit holders before an
exclusive franchise can be awarded for refuse collection so the recommendation
is just to do an exclusive franchise for recycling. The City Attorney is
researching the other question and will have a report in January.
Bob Hilton of Hilton, Farnkopf, and Hobson, who analyzed the city's recycling
program alternatives and a strategy for franchising presented his
recommendations, including a weekly mandatory collection of recyclables,
mandatory recycling ordinance; volume-based collection rate structure; and
accepting RFPs only from the existing five trash hauler permittees.
Speaking in favor of staff recommendation:
Roy Moreau, 16967 Cresta Drive, adviser for the Poway High Music
Boosters program.
James Mashburn, 7145 Via Mariposa Sur, Bonsall, Mashburn Sanitation
Kelly Astor, 505 City Parkway West, Orange, attorney for Mashburn
Speaking in opposition to staff recommendation:
George Bagdasarian, 9640 Alto Drive, La Mesa, Alto Waste Corp.
Kevin Kelly, 12736 Peartree Terrace, Reliable Waste
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Speakers expressed opposition to only accepting RFPs from the existing
permittees.
Councilmember Snesko stated a desire to open up the bidding.
Councilmember McIntyre stated she was not ready to commit to a five year
franchise and suggested a pilot program of shorter duration or make recycling
collection part of the existing permits.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt the
amended staff recommendation to issue a RFP for the recycling collection only
with the existing five haulers. Motion carried 3-2 with Councilmembers McIntyre
and Snesko voting "no."
ITEM 13 (1401-13)
SOUTH POWAY SPORTS PARK
BID PROCESS
Staff report by City Manager Bowersox. The build/finance/operate combined bid
documents are not ready and staff recommends this item be continued to January
7, 1992.
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve
staff recommendation. Motion carried unanimously.
ITEM 13.1 (1180-05)
FUNDING REQUEST FROM 4-H
Staff report by City Manager Bowersox. On December 3, 1991, 4-H member Tammy
Johnston requested a donation to assist her in attending the 4-H National
Convention for guide dog winners in Chicago, Illinois. Tammy's project record
book won first place in the State. This request does not meet the eligibility
criteria established in the Community Contribution Policy.
Bill Johnston, 14130 Kendra Way, thanked the City Council for their continued
support of 4-H and FFA.
Motion by Councilmember Higginson, seconded by Mayor Goldsmith to deny Ms.
Johnston's funding request. Motion carried unanimously.
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ITEM 37
CITY MANAGER ITEMS
A) City Mana§er Bowersox stated the water conservation efforts were 53% for
the week and 40% for the month to date.
B) City Manager Bowersox requested a closed session for the purpose of the
legislative body instructing its representatives concerning personnel
negotiations pursuant to Government Code §54957.6(a).
ITEM 38
CITY ATTORNEY ITEMS
City Attorney Eckis stated it was not necessary to hold the closed session
requested under his item on the agenda.
CLOSED SESSION
Mayor Goldsmith called for a closed session at 12:18 a.m., December 18, 1991.
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 12:30 p.m. and announced that
the City Council had instructed its negotiator. The meeting was adjourned on
motion by Councilmember Emery, seconded by Councilmember Higginson.
~Wa~sten, City Clerk
City of~_~Way
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