CC 1992 02-04 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 4, lgg2
The February 4, 199Z, 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
Garry MacPherson
Patrick Foley
Janis Acosta
Penny Riley
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
Battalion Chief
Principal Management Analyst
Management Analyst
DART Program Manager/Assoc. Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COHMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. Present
to speak:
Mike Saltzstein, 1135 Garnet #K, San Diego representing the San Diego/
Imperial Swim Association, thanked Community Services staff for their
assistance with the Presidents Day Senior Swim Meet and invited the
City Council to attend the Senior Swim Meet this week-end at the
Community Pool.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the
Consent Calendar as follows:
13. Approval of Minutes - City Council
January 14, 1992, Regular Meeting
15. Ratification of Warrant Register for January 16, 1992.
(401-10)
16.
Denial of claim for damages: A) Matthew Pollack; B) Mollie Schaefer.
(704-13)
17.
Approval of 1992 "Earth Day" celebration program on April 25, 1992.
(1180-05)
18.
Adoption of Resolution No. 92-014, entitled, "A Resolution of the City
Council of the City of Poway, California Respecting Authorized Officers
Designated to execute Public Securities, Instruments of Payment, and
Investments on Behalf of the City and Rescinding Resolution No. 91-092."
(403-04)
19.
Adoption of Resolution No. 92-015, entitled, "A Resolution of the City
Council of the City of Poway, California Amending the List of Designated
Positions subject to the Reporting Requirements of the City's Conflict of
Interest Code," and Resolution No. 92-016, entitled, "A Resolution of the
City Council of the City of Poway, California Approving the Poway
Redevelopment Agency's Adoption of the Amended List of Designated
Positions Subject to the Reporting Requirements of the Agency's Conflict
of Interest Code." (704-08)
20.
Adoption of Resolution No. 92-017, entitled, "A Resolution of the City
Council of the City of Poway, California Accepting a Donation of the Hay
Barn/Templar's Hall Building," from the Parma Family Trust. (1180-10)
21.
Resolution No. 92-018, 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, Walker Annexation," 14031
Sycamore Avenue, 314-212-21. (1170-11)
22.
Resolution No. 92-019, 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, Khoury Annexation," 15643
Oakstand Way, 278-442-36. (1170-11)
23.
Resolution No. 92-020, 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, Barton Lab Annexation," 13411
Stone Canyon Road, 275-181-08. (1170-11)
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24.
Resolution No. 92-021, 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, Boon Annexation," 13650
Orchard Gate Road, 275-500-35. (1170-11)
25.
Resolution No. 92-022, 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, Mohling Annexation," 13625
Adrian Street, 314-220-05. (1170-11)
25.1
Authorization for payment of $18,000 to stop notice claimants for FFA
Animal Facility, Jomas Constructors, Inc. and authorization to execute
settlement agreement on file with the City Attorney. (602-01, #833)
Motion carried unanimously.
ITEM 4 (70i-04)
ORDINANCE NO. 351 - STORM DRAIN UTILITY FEE
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
351, "An Ordinance of the City of Poway adding Chapter 16.74 to the City of Poway
Municipal Code to Establish a Storm Drain Utility Fee."
City Manager Bowersox requested this item be continued to February 11, 1992 to
allow the Engineering Services Department to more accurately calculate the costs
of the National Pollutant Discharge Elimination System Program.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko to continue the
first reading of Ordinance No. 351 to February 11, 1992. Motion carried
unanimously.
ITEM 5 (1204-13)
WATER SHORTAGE CONTINGENCY PLAN
Mayor Goldsmith opened the public hearing. City Manager Bowersox stated we have
received a request from the Green Valley Civic Association to continue
consideration of the water shortage contingency plan for four weeks.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to continue
this item to March 3, 1992 as long as there is no penalty to the city for delay
in adoption. Director of Public Services Archibald stated adoption of this puts
us in position to receive state drought assistance when and if it is needed.
Motion carried unanimously.
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ITEM 6 (203-04)
VARIANCE 91-11/MINOR DEVELOPMENT REVIEW 91-70
APPLICANT: RICHARD AND MARIA SULPIZIO
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 1200 square foot two story room
addition which will observe an eight foot wide yard setback where a twenty foot
setback is required at 15812 Lime Grove Road.
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-92-07, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 91-11 and
Minor Development Review 91-70, Assessor's Parcel Number 275-520-11." Motion
carried unanimously.
ITEM 7 (1170-04)
SOLID WASTE RECYCLING
Staff report by City Manager Bowersox. On January 14, 1992, the City Council
requested staff discuss a three-year amortization period with the five existing
haulers in the city. Although the City Attorney has opined that no notice is
necessary, we feel a moral obligation to give some notice. Three of the haulers
have agreed to that time frame.
Councilmember Emery asked about the funds the City will receive from a recycling
grant. Director of Public Services Archibald stated the County grants $8.00 per
ton of recyclables diverted from the waste stream and we are receiving that
amount based on the 250 tons per month the Music Boosters are recycling
currently. Councilmember Emery suggested these funds be used to install the
upgrades to the Garden Road site the City is currently requiring of the Music
Boosters.
Councilmember McIntyre stated she had talked to one of the haulers who did not
agree to the three year time frame and they may be agreeable. She requested
staff try again.
Speaking in favor of the grant proceeds being used at the Garden Road site:
Bryan Smith, 13011 Gate Drive and John Baildon, 12709 Corte Rayito
representing the Poway High Music Boosters.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct staff
to meet again with the other two haulers to try to reach agreement on the 3-year
compromise, and to report back to the Council regarding the improvements the City
is requiring at the Garden Road site. Motion carried unanimously.
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ITEM 8 (203-01, #88-13)
FENCING ON STONE CANYON ROAD
Staff report by City Manager Bowersox. On January 7, 1992, Bill Jensen stated
his objection to the appearance of the wood fence built on Stone Canyon Road
along the rear yards of new homes on Footman Lane. A block wall will be
constructed on Pomerado Road with Phase II of this project since Pomerado Road
is an arterial and the block wall is needed for sound attenuation. However,
there is no such requirement for Stone Canyon Road.
Speaking in opposition:
William Jensen, 12638 Stone Canyon Road, stated the map approval requires
the fence to be painted to complement the houses and he believes the
color is terrible.
Council directed staff to talk to the developer about the color of the fence.
ITEM 9 (1170-09R)
VISTA VIEW DRAINAGE
Staff report by City Manager Bowersox. At the January 7, 1992 City Council
meeting Philip Geising expressed concern regarding drainage under the private
driveway that serves his property south of the proposed Pontiac dealership. The
city installed a small culvert under his driveway during one of the creek
cleaning projects and it becomes clogged. The Redevelopment Agency owns the
property between the dealership and the Geisings and it needs to be cleared of
debris. In addition, the Pontiac dealership will be installing drainage
improvements on their property.
Councilmember Emery asked if Pontiac's improvements have been designed and if Mr.
Geising will have any input into the process. City Manager Bowersox stated that
the Geisings will be involved because it impacts their driveway.
Speaking in opposition:
Philip Geising, 13801Poway Road, asked about moving the drainage channel
to the property line between the dealership and the Redevelopment
Agency's property.
City Manager Bowersox stated that this would be a new requirement for the
dealership and could only be imposed if the property line were shifted the thirty
feet south that had been previously discussed. In the past the neighborhood was
opposed to increasing the size of the dealership's property.
Mayor Goldsmith suggested this could be put on the list of future capital
projects.
Council concurred to receive and file this report.
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ITEM 10 (704-10)
SIGN AMORTIZATION PROGRAM STATUS
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. She reviewed the provisions for temporary signage;
signs that are prohibited; and the status of the efforts to eliminate non-
conforming signs required under terms of Ordinance No. 82 adopted in 1983 which
gave a nine-year amortization period. 107 signs have been removed and 21 remain.
She also reviewed the process staff proposes to follow on these 21 signs,
culminating in referral to the City Attorney's office for enforcement if they
fail to comply.
Council concurred they wanted to ensure conformance in the interest of fairness
to the community and to the property owners who have complied, however, they
requested staff involve the Chamber of Commerce and the Business Advisory
Committee in working out individual plans for conformance with each owner. If
the owners are not willing to commit to a program then they will be referred to
the City Attorney for enforcement.
ITEM 11 (203-14)
DEVELOPMENT REVIEW 91-32
APPLICANT: GRANT/SAPP CONSTRUCTION
Staff report by City Manager Bowersox. This is a request to construct a
commercial center on 1.75 acres at the southeast corner of Hilleary Place and
Community Road on one of the freestanding pads at the northwest corner of the
WalMart project. Staff recommends approval.
Speaking in favor of staff recommendation:
Michael Grant, 1660 Hotel Circle Drive, San Diego
Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Planning
Resolution No. 92-08, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Development Review 91-32, Assessor's Parcel Number
317-130-28 (portion)." Motion carried unanimously.
(Councilmember Higginson left the room at this point.)
ITEM 12 (602-01, #909)
POMERADO WATER RECLAMATION FACILITY
Staff report by City Manager Bowersox. Staff has negotiated an agreement with
the City of San Diego transferring the responsibility for the preparation of the
EIR for the Pomerado Water Reclamation Facility to the City of San Diego, as well
as a Facilities Plan Project Report analyzing a minimum of five sites for an 8 -
10 MGDwater reclamation facility. It also sets forth the method of purchase of
the current treatment plant site should it be purchased by the City of San Diego.
Staff recommends approval.
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In response to query by Councilmember McIntyre, Mayor Goldsmith stated Poway will
always to tied into the Clean Water Program by virtue of our contract with the
City of San Diego for sewage disposal. However, the city still has the
flexibility of choosing to be a member of the Program with a voice and a vote,
or being a contracting body. That decision is in the future.
Motion by Councilmember Emery, seconded by Councilmember Snesko to direct staff
to execute the planning and property acquisition agreement with the City of San
Diego for the Pomerado Water Reclamation Facility. Motion carried 4-0 with
Councilmember Higginson out of the room
(Councilmember Higginson re-entered the meeting.)
ITEM 26
CITY MANAGER ITEMS
A)
City Manager Bowersox announced the water conservation efforts total only
6% for the week, but 29% for the month.
B)
City Manager Bowersox introduced two new reporters to Poway: Lori
Swissler of the Times-Advocate and Emmet Pierce of the Union-Tribune.
c)
City Manager Bowersox stated he has met with the City of San Diego to
discuss how to best accommodate a six lane design of the South Poway
Parkway west of our city limits to 1-15. Mayor Goldsmith commented that
this was a goal of the Transportation Task Force.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
28A.
28B.
28C.
Councilmember Emery stated that Martin Luther King Jr. Day is a National
and State holiday and he feels the City of Poway should observe it. City
Manager Bowersox suggested this is more appropriately a matter of the meet
and confer process as a benefit for City employees. Following discussion,
Council took no action on this item.
Councilmember Emery asked about the status of removal of earth moving
equipment from the Kuebler property off Sycamore Canyon Road. City
Attorney Eckis stated a letter has been sent to the Kueblers giving them
a March 1, 1992 deadline or the City will remove and recover costs through
the tax bill.
Councilmember Emery stated his objections to the letter sent by
Councilmember Snesko to area religious leaders on his city-supplied
letterhead urging recruitment of Christian Councilmember candidates from
their congregations. Although the City Council approved use of individual
letterhead by Councilmember Snesko he does not feel this type of letter is
an appropriate use. The other Councilmembers concurred.
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Page 8 - CITY OF POWAY - February 4, 1992
32.
Councilmember Snesko asked the City Attorney if he had done anything
illegal or in violation of his oath of office. City Attorney Eckis stated
he had not formed a final opinion. Councilmember Snesko stated the
letterhead was supplied him by the City Manager's office following the
September, 1991 action and he assumed it met the conditions of being his
letterhead even though it had the city seal and name on it. He played a
copy of the tape from the September meeting and stated he would not
apologize because he felt he had done nothing illegal.
Councilmember Higginson made a motion to rescind the action of September
10, 1991; send a letter to the Fair Political Practices Commission to
investigate use of City funds; and require all future correspondence from
Councilmember Snesko to be reviewed by the City Attorney. There was no
second.
The following citizens spoke in opposition to the use of letterhead by a
Councilmember in this way:
Cathy Welch-Eckey, 14229 York Avenue
Gisela Koestner, 13252 Olive Meadows
Vicki Lazowski, 14440 Golden Sunset
Jim Crosby, 14658 Colony Way
Rev. Linda Stowell, 5102 Towle Court, San Diego
DeAnne Erickson, 15051Vali Hal Road
Following discussion, motion by Mayor Goldsmith, seconded by Councilmember
Emery, to request the City Attorney to conduct an investigation into this
matter and report to the City Council in a public meeting and to send a
letter of apology for any appearance of Councilmember Snesko's letter
being a City letter from the Mayor to those who have expressed being
offended. Motion carried unanimously.
Councilmember Snesko stated he has been approached by businesses in Poway
regarding not being solicited for bids. He suggested giving the Chamber
of Commerce a list of areas where the City bids so they can encourage
their members to get on the bid list. He also suggested giving Poway
businesses preference within certain parameters.
City Manager Bowersox stated the City Council adopted Resolution 224 on
April 20, 1982 establishing a "buy local" policy and staff will report
regarding how this is/will be implemented.
ADJOURNHENT
Upon motion by Councilmember Higginson, seconded by Councilmember Emery, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 9:53 p.m.
Marjor~e I~. Wahl sten, i y
City of~p~way
erk
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