CC 1992 01-21 CITY OF POWAY, CALIFORNIA
HXNUTES OF THE CITY COUNCIL REGULAR HEETING
JANUARY 21, 1992
The January 21, 1992, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Deputy Mayor McIntyre at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko
COUNCILMEMBERS ABSENT AT ROLL CALL
Jan Goldsmith (Mayor Goldsmith arrived at 7:04 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Janis Acosta
City Manager
City Clerk
City Attorney
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor McIntyre explained the procedure for Public Oral Communications.
The following person was present to speak:
Betty Rexford, 11570 Creek Road, asked about putting the issue of asphalt
plants on the ballot, as was suggested following the CalMat hearings.
City Attorney Eckis stated he had prepared a memo for the City Council on
this subject and would place it on a Council agenda for discussion.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
9. Ratification of Warrant Register for January 2, 1992 (401-10)
10. Denial of claim for damages: Stephen Merriwether. (704-13)
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12.
Acceptance of public improvements and release of securities for Tentative
Tract Map 87-06, Reeder Development, located north of Poway Road and east
of Cicero Way. (602-01, #763)
Motion carried 4-0 with Mayor Goldsmith absent.
ITEM 4 (203-21)
SPECIFIC PLAN AMENDMENT 84-01R
SOUTH POWAY OPEN SPACE ZONES
(Mayor Goldsmith arrived at 7:04 p.m.)
Councilmember Emery requested that when an item is continued for revisions, as
this one was, the agenda front sheets accurately reflect the change. City
Attorney Eckis stated this is a noticed public hearing and the item is listed as
it was noticed; however, the City Manager's Recommendation section could be more
clearly stated to reflect the change. The other option is a newly noticed public
hearing, which the Council concurred they would prefer, if the time permits.
Staff report by Director of Planning Services Wright-Quastler. This specific
plan amendment is intended to address the need to clearly define the limits and
allowable uses for open space areas within the South Poway Planned Community.
Staff proposes three new open space categories be created, including: Natural
Open Space, Open Space (1 du), and Mineral Resource Extraction. The commercial
recreational open space designation has been eliminated. Any future applications
for a recreational project will be considered for a specific plan amendment. She
also clarified the residential density for the planned community as established
by the original Specific Plan and subsequent modifications. This amendment will
eliminate the 35 uncommitted units from the development plan, leaving 254 units
in the South Poway Planned Community. There is a memo from staff recommending
an addition to the resolution regarding natural open space.
Speaking in favor of staff recommendation: Mike Fry, 12819 Selma Court
E.J. Sprague, 1243 Moana Dr., San Diego, representing his wife, Freida
Pallas, clarified that a hotel/golf course proposal could be
considered after this proposed change.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing, find the previously certified EIR adequately addresses impacts
associated with this amendment, adopt Resolution No. 92-010, entitled, "A
Resolution of the City Council of the City of Poway, California, Amending the
South Poway Specific Plan (SPA84-OIR)," as amended by staff memo. Councilmember
McIntyre requested the second paragraph under Section V on Page 3 be deleted.
Councilmembers Emery and Higginson concurred to so amend their motion. Motion
carried unanimously.
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ITEM 5 (203-02)
TENTATIVE PARCEL MAP 91-14
APPLICANT: PARKWAY BUSINESS CENTRE PARTNERS. LlD.
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a resubdivision of Lots 27, 35, 36, 37, 40 and
41 of Map 12556 into six lots on 5.7 acres for light industrial use located east
and west of Crosthwaite Circle, between Stowe Drive and Danielson Street. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing, find the previously certified EIR adequately addresses the
impacts, and adopt Planning Resolution No. P-g2-05, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Tentative Parcel Map
91-14, Assessor's Parcel Numbers 318-810-04, 12, 13, 14, 17 & 18." Motion
carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 350 - URGENCY
SET ASIDE OF AFFORDABLE HOUSING UNITS
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
350, "An Ordinance of the City of Poway, California, Extending Ordinance No. 349
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."
Staff report by City Attorney Eckis. Ordinance No. 349 was adopted December 10,
1991 for 45 days. This would extend that Ordinance for 10 months and 15 days.
It established a set aside of 15% of new housing units for low and moderate
income and an in-lieu fee of $92,000 per unit. This fee was based on other
cities' fees and does not reflect Poway data.
Following discussion, motion by Councilmember McIntyre, seconded by Councilmember
Snesko, to close the public hearing, and adopt Ordinance No. 350 eliminating the
in-lieu fee and directing staff to bring back a permanent ordinance once we have
the State Housing and Community Development Department's comments on the recently
submitted Housing Element. Motion carried unanimously.
ITEM 7 (701-04)
ORDINANCE PROHIBITING GRAFFITI
Staff report by City Attorney Eckis. The City Council had directed preparation
of an Ordinance prohibiting graffiti within Poway and a draft is presented for
discussion.
Following discussion, motion by Councilmember Snesko, seconded by Councilmember
Emery, to direct staff to set a public hearing to consider the proposed
ordinance, leaving the written notice wording in Section 9.56.020(b), and
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changing it to ten days, and prepare a Resolution establishing a reward program.
Motion carried unanimously.
Council concurred that the proposal should be submitted to the Chamber of
Commerce prior to the hearing.
ITEM 8 (701-04)
COUNCIL PROCEDURE ORDINANCE
Staff report by City Attorney Eckis. The City Council had directed the City
Attorney to review their procedure ordinance and suggest appropriate revisions.
The ordinance has been made applicable to committee meetings; clarifies how
abstentions will be counted; moves public oral communications after public
hearings; and makes several other changes consistent with state law.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to direct staff to set a public hearing to consider the proposed ordinance
as presented, leaving public oral communications at its current place in the
agenda. Motion carried unanimously.
ITEM 8.1 (1503-16)
POWAY PILOTS MODEL AIRPLANE CLUB
Staff report by City Manager Bowersox. On January 7, 1992, Council received a
request from the Poway Pilots Model Airplane Club to give access to their former
flying site in Goodan Ranch which is now owned jointly by the Cities of Poway and
Santee and the County of San Diego. Staff is working with the other agencies to
facilitate this request and it should be resolved within two weeks. Council
concurred to receive and file this report.
ITEM 8.2 (705-00)
ANNEXATIONS TO LANDSCAPE MAINTENANCE DISTRICTS
Staff report by City Manager Bowersox. Councilmember Emery pulled these items
from the Consent Calendar on January 14, 1992 and they were continued to this
meeting. They reflect annexations of properties with Minor Development Reviews
into Landscape Maintenance Districts in accordance with a policy recommended by
the Landscape Maintenance Advisory Committee and adopted by the City Council on
July 17, 1990.
Councilmember Emery presented a memorandum expressing his concerns regarding
these annexations and stated he did not realize the full ramifications of the
policy when it was adopted. He feels it is creating an inequitable situation and
requested the City Council reconsider the policy.
Speaking in favor of staff recommendation:
Gordon Meyer, 14302 Sandhill Road, Chairman of the Landscape Maintenance
District Advisory Committee
Jim Francis, 14623 Sunrise Canyon Road, member of the LMD Committee
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Speaking in opposition to staff recommendation:
Betty Rexford, 11570 Creek Road
Susan Callery, 13065 Edina Way
Charles MacLauchlan, P. O. Box 12
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Snesko to remove this item from calendar; direct staff to prepare necessary
documents to rescind the policy and de-annex others annexed under this policy;
explore means of giving increased authority to the LMD Committee; and separate
commercial and industrial from residential in the LMDs. Motion carried
unanimously.
ITEM 14
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9{a), pending litigation, Smith v. City of Poway.
He also requested the City Council add a closed session to instruct their real
property negotiator, City Manager Bowersox, regarding the acquisition of Long's
Drug Store for a library site. He stated the need to discuss has arisen in the
72 hours since the agenda was posted. A letter was received yesterday in
response to our offer. Motion by Councilmember Higginson, seconded by
Councilmember McIntyre, to add this item as requested by the City Attorney.
Motion carried unanimously.
MAYOR
15.
16A.
16B.
16C.
AND CITY COUNCIL-INITIATED ITEMS
City Councilmember Emery reported on the January 9, 1991 meeting of the
Metropolitan Transit Development Board.
Mayor Goldsmith announced the following appointments to the Budget Review
Committee: Mary Smith (Emery); Bill Robertson (Goldsmith).
Mayor Goldsmith stated he had been contacted by John "Skip" Fleming
regarding a proposal to convert the Western Lumber site into an
entertainment center for teen using the existing structure. Skip Fleming,
13343 Via Mark, explained his proposal to the Council and they concurred
to have a pre-development conference on this item on January 30, 1992.
(203-18)
Mayor Goldsmith stated he had received a letter from the Poway Lions Club
requesting a lower fee to use the Community Center for their annual
pancake breakfast at Community Days. The fee was $30 in 1988 and 1989,
$97.50 in 1991, and this year is $127.00. Motion by Councilmember Snesko,
seconded by Councilmember Higginson, to reduce the fee to $30 for the
Poway Lions Club pancake breakfast at the Community Center. Motion
carried unanimously. City Manager Bowersox will prepare a report on the
implications of this action and the existing policies regarding non-profit
organizations. {1401-00)
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18.
Councilmember McIntyre stated she had been contacted by the residents of
Silver Ridge subdivision requesting the City Council reconsider their
decision to open Alora Street to through traffic when the La Paz Summit
subdivision was completed. Following discussion, motion by Councilmember
Emery, seconded by Councilmember McIntyre to refer this item to the
Transportation Advisory Committee for analysis of impacts on other road
segments, meeting with area residents and recommendation to the City
Council. Motion carried unanimously.
Mark Norris, 14371 Silver Heights Road, urged the City Council to keep the
road closed.
Charles MacLauchlan, P.O. Box 12, requested the intersection of Garden
Road and Poway Road be reworked. Mayor Goldsmith stated this also will be
referred to the Transportation Advisory Committee.
John Fleming, 13343 Via Mark, stated the speed limit sign coming west of
Poway Road, east of Garden Road, needs to be replaced.
CLOSED SESSION
Mayor Goldsmith called for the closed session at 9:30 p.m. as requested by the
City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 9:45 p.m. and announced the
City Council had decided in closed session to not appeal the Smith v. Poway case,
but will accept the court's order. They also instructed their negotiator
regarding the acquisition of the Long's Drug store.
Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor
Goldsmith ordered the meeting adjourned to 4:30 p.m., January 23, 1992. The time
of adjournment was 9:45 p.m.
Marjori~K. Wahlsten, City Clerk
C i ty
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NOTICE
NOTICE IS HEREBY GIVEN THAT THE JANUARY 21,
COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
FOLLOWING ORDER:
1992, REGULAR MEETING OF THE CITY
WAS ADJOURNED PURSUANT TO THE
Dated:
ORDER OF AI~OURHNIENT
Upon motion by Councilmember Snesko,
seconded by Councilmember Emery, Mayor
Goldsmith ordered the meeting adjourned to
4:~0 p,m,, Thursd~y, Oanu&r~ 23, 1592
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 9:45 p.m.
· Wahlsten, City Clerk
oway, California
January 22, 1992
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 January 22, 1992
Marjor~ie\K. Wahlsten, City Clerk
City o~L.~oway, California