CC 1992 03-03 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
HARCH 3, 1992
The March 3, 1992, 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.
COUNCILHEHBERS PRESENT AT ROLL CALL
Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Dave Bliss
Yolanda Collins
David Narevsky
Penny Riley
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Sheriff's Captain
Sheriff's Lieutenant
Redevelopment Manager
DART Coordinator
Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop 680 led the Pledge of Allegiance.
PRESENTATIONS
Mayor Goldsmith presented a Resolution of Appreciation and plaque to Rolla
Williams, retiring outdoor sports writer for the San Diego Union, for his
coverage of Lake Poway recreation area.
B. Mayor Goldsmith did not receive his scrapbook for 1991.
Mayor Goldsmith presented a plaque to Sheriff's Captain Dave Bliss who has
been the Captain at the Poway sub-station for the past year and is being
transferred to Special Investigations Division. He introduced Yolanda
Collins who has been lieutenant at the Poway sub-station and is being
promoted to Captain and will command the Poway sub-station, and Lt. Karen
Axell who will be our lieutenant.
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PROCLAHATION
Mayor Goldsmith proclaimed March as "Mental Retardation Month" and presented a
proclamation to Deb Fuszara, program coordinator for the Association of Retarded
Citizens. Ms. Fuszara presented the Council a box of chocolates made by ARC.
PUBLIC ORAL COHHUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. The
following persons were present to speak:
1. Randy Newhard, 7966 "C", Arjons Drive, San Diego, representing the
California Landscape Contractors Association, presented information
regarding water supplies and use.
o
Dawn Vladic, 17627 Frandoso Drive, San Diego, requested an extension of
time for the Standard Agreement of Public Improvements for Tentative Map
88-07. City Attorney Eckis will report back in three to four weeks and
staff will be instructed to take no final action on default of the
agreement before that time.
Bill Barnick, 14645 Sunrise Canyon Road, requested a list of proposed
Redevelopment Agency projects; questioned why an architect is needed to
remodel the Longs building for a library; suggested money not be spent on
a wall for Poway Road but be directed towards additional water storage;
buy property south of new LDS Church for a park using park dedication
funds. Councilmember McIntyre invited Mr. Barnick to attend the Library
Advisory Committee meeting on March 4, 1992.
CONSENT CALENDAR
Councilmember McIntyre pulled Items 18 and 19 from the Consent Calendar.
Motion by Councilmember McIntyre, seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
11. Approval of Minutes - City Council:
February 11, 1992, Regular Meeting
13. Ratification of Warrant Register - February 13, 1992.
(401-10)
14.
Approval of Resolution No. 92-040, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a No Parking Zone on
Old Community Road from Aubrey Street to Norwalk Street." (1163-01)
15.
Approval to submit letter of intent to purchase reclaimed water from the
City of Escondido. (1170-08)
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16.
Adoption of Resolution No. 92-041, entitled, "A Resolution of the City
Council of the City of Poway, California Determining Certain Public
Improvements to be of Benefit to the Paguay Redevelopment Project" for
pool, spa, and wading pool resurfacing at Poway Royal and Poinsettia
mobile home parks. (602-01, #162R)
17.
Adoption of Resolution No. 92-042, entitled, "A Resolution of the City
Council of the City of Poway, California Determining Certain Public
Improvements to be of Benefit to the Paguay Redevelopment Project," for
common area building roof repairs at Poway Royal Estates.(602-01, #163R)
20.
Reduction of securities for Tentative Tract Map 89-15, The Palisades,
Standard Pacific, applicant. (602-01, #837)
20.1 Allocation of $12,000 from the Park Improvement Fund Reserve to repair the
support structure of the Lake Poway concession patio. (1401-02)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 5 (1204-13)
WATER SHORTAGE CONTINGENCY PLAN
Staff report by Directors of Public Services Archibald and Administrative
Services Stewart. The state requires that the city adopt a Water Shortage
Contingency Plan in order to be eligible to receive drought assistance. It is
an amendment to the Urban Water Management Plan which was adopted by the City
Council on January 15, 1991. This item was continued at the request of the Green
Valley Civic Association which raised several issues, including the use of 1989
as a base year and the inability to make adjustments based upon weather changes
from one year to the next. They have suggested "water banking" for residential
customers. Staff is concerned about the impact on Lake Poway if residential
customers were allowed to use more water in the warm months to make up for any
savings they experienced in the cool months. Staff also listed items that are
in various stages of implementation to provide Poway with back-up water sources.
Councilmember Snesko asked about the status of his request to look at drilling
a well below Lake Poway. City Manager Bowersox stated staff is negotiating with
Standard Pacific who owns rights to an existing well in the Blue Sky Ranch area.
Councilmember McIntyre suggested that the seven-stage ordinance not be attached
as Appendix A since it has not been adopted.
Speaking in favor of staff recommendation:
Lyle Arnold, 16624 Martincoit Road, representing the Green Valley Civic
Association, recommended that the public be given a chance to voluntarily
comply with any level of mandatory curtailment before penalties are
applied.
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Ted Reynolds, 13266 Arroyo Vista, urged staff proceed with Rattlesnake
Creek detention basin; desalination; grey water policy and joint venture
with agriculture water users. He praised staff for the test well project.
Motion by Councilmember McIntyre, seconded by Councilmember Hi§ginson to close
the public hearing and adopt Resolution No. 92-043, entitled, "A Resolution of
the City Council of the City of Poway, California Adopting Its Water shortage
Contingency Plan," changing Appendix A to the current four-stage ordinance.
Motion carried 4-0 with Councilmember Emery absent.
ITEM 6 (701-04)
ORDINANCE NO. 354- SECOND READING
SMOKING IN PUBLIC AREAS
Mayor Goldsmith read the title of Ordinance No. 354, "An Ordinance of the City
of Poway, California Revising chapter 8.04 of the Poway Municipal Code Relating
to Smoking in Certain Public Areas." Staff report by City Manager Bowersox.
This Ordinance revises the current smoking regulations and is in conformance with
the City and County of San Diego. Staff recommends adoption.
Speaking in opposition to staff recommendation:
Vaughn Hapeman, 12941Poway Road, representing the Poway Fun Bowl,
formerly Carriage Lanes, requested the Ordinance be amended to allow
smoking in the concourse area of the bowling center. They currently
have a no smoking area near the bowling lanes with smoking allowed on
the concourse. This seems to be acceptable to both smokers and non-
smokers. He cited the large number of bowlers who smoke and stated a
ban would severely impact his business.
City Attorney Eckis stated he understands some jurisdictions have modified their
ordinance for bowling centers and the County and City of San Diego are not yet
enforcing their ordinances in this regard.
Councilmember McIntyre stated that we have been asked by the County Health
Department to adopt this ordinance to be consistent with other jurisdictions in
San Diego and since "sidestream" smoke is known to be a carcinogen she supports
adoption of the ordinance as presented.
Motion by Councilmember Higginson to adopt the ordinance with modification
regarding the bowling center. Second by Councilmember Snesko.
City Attorney Eckis stated this item should be continued since this constitutes
a substantive change and recommended a three week continuance.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to continue
the second reading of Ordinance No. 354 to March 24, 1992. Motion carried 3-1
with Councilmember McIntyre voting "no" and Councilmember Emery absent.
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ITEM 7 (701-04)
ORDINANCE NO. 355 - SECOND READING
CITY COUNCIL PROCEDURES
Mayor Goldsmith read the title of Ordinance No. 355, "An Ordinance of the City
of Poway, California, Revising Chapter 2.18 of the Poway Municipal Code Relating
to City Council Procedures."
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to waive
further reading, close the public hearing and adopt Ordinance No. 355. Motion
carried unanimously on a roll call vote.
(Councilmember Higginson left the room)
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 91-16
APPLICANT: JAMES SMATHERS
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to operate an Italian restaurant which will offer
alcoholic beverages to diners in the Twin Peaks Plaza at 14771 Pomerado Road.
Staff recommends approval, including that alcoholic drinks shall be served only
during food service hours.
There was no one present wishing to speak.
Motion by Councilmember McIntyre, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-92-10, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 91-16, Assessor's Parcel Number 314-710-32." Motion carried 3-0 with
Councilmember Higginson out of the room and Councilmember Emery absent.
ITEM 9 (1160-04)
SPEED LIMIT ON BOWRON ROAD
Staff report by Director of Engineering Services Weston. In response to a City
Council direction, the Traffic Safety Committee has discussed a 15 mph speed
limit on Bowron Road in front of Valley School and has determined that the
existing 25 mph speed limit is reasonable and safe.
Councilmember McIntyre stated she had spent an hour with Orval Hill on this
corner observing traffic and had spoken with the principal at Valley School. She
concurs with the Committee's determination.
Council concurred to receive and file the report.
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ITEM 10 (601-06)
POLICY RE BUYING LOCALLY
Staff report by Director of Administrative Services Stewart. In response to
Councilmember Snesko's request during the February 4, 1992 Council meeting, staff
has prepared a report regarding the City's buying practices with local
businesses. Resolution 224 was adopted in April, 1982 which set forth a policy
of buying locally whenever possible. She cited staff's actions to encourage and
solicit bids and proposals from local businesses.
Speaking in favor of staff's recommendation:
Norm Hosler, 14746 Dash Way and local business owner, suggested an
analysis of the percentage of city dollars spent within the city
limits among other things.
Councilmember Snesko asked if the City can have a policy of buying locally if the
local business is higher cost. City Attorney Eckis stated that 1% higher could
be justified because that is the amount the city receives from sales tax revenue,
however anything else would be a gift of public funds and prohibited.
Mayor Goldsmith requested a status report in three months.
Council concurred to receive and file the report.
ITEM 10.1 (602-01, #161R)
AWARD OF BID/POWAY ROAD WEST IMPROVEMENTS
Staff report by Director of Engineering Services Weston. This item was continued
from February 25, 1992 to answer questions regarding the location of the wall and
the number of trees that will be removed. Director Weston showed where the wall
would be placed in relationship to the existing fences and stated 36 trees will
be removed, 36 trees will remain and 49 trees will be added on the north side of
the road and 35 trees in the median areas. Staff recommends the bid be awarded.
Speaking in favor of staff recommendation:
Larry Harper, 11905 Allbrook Drive
Frank Zemke, 11911Allbrook Drive
Donald Sarrie, 11830 Allbrook Drive
Councilmember Snesko stated he is disappointed that the wall will not follow the
existing fence line.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to award
the bid for street improvements on Poway Road from Oak Knoll to the West City
Limits to Southland Paving, Inc in the amount of $1,035,205.52. Motion carried
3-1 with Councilmember Snesko voting "no." Councilmember McIntyre reiterated her
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concerns that she expressed when the project was originally approved but stated
she can support this action since the City Council had already approved the
project.
ITEM 18 (602-01, #164R)
REDEVELOPMENT PLAN AMENDMENT CONSULTANT
Staff report by City Manager Bowersox. The Paguay Redevelopment Project Area was
formed in 1983 and it is desirable to amend the area. Preparation of the
amendment requires hiring a consultant and staff recommends an agreement with
Rosenow Spevacek Group, Inc. in the amount of $75,000.
Councilmember McIntyre pulled this from the Consent Calendar and asked if this
contract, plus the contract with BSI for preparation of the list of proposed
improvements, is the total cost for this update. City Manager Bowersox stated
that there may be some legal fees from the Agency's attorney but they would not
be significant.
Motion by Councilmember McIntyre, seconded by Councilmember Higginson to approve
the agreement with Rosenow Spevacek Group, Inc. for assistance with the First
Amendment to the Paguay Project Area and appropriate $75,000 from the
Redevelopment Agency's unappropriated fund balance. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 19 (208-03R)
RENT SUBSIDY PROGRAM/MOBILE HOME PARKS
Staff report by City Manager Bowersox. When the Redevelopment Agency purchased
the Poway Royal Estates it assumed an existing rental subsidy program for low
income residents. It is recommended this program be expanded to include
Poinsettia Mobile Home Parks, that the maximum subsidy be $75 per month except
for four specific individuals currently receiving more.
Councilmember McIntyre pulled this item from the Consent Calendar and asked if
the 20% set aside low and moderate income funds could be used for this program.
City Manager Bowersox reviewed the ways the program would have to be modified in
order to use those funds and recommended the 80% funds be used.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to continue
the rent subsidy program, as expanded, and appropriate $25,000 from the
Redevelopment Agency's unappropriated fund balance , to be retroactive to
February 1, 1992 for current recipients and March 1, 1992 for new eligible
applicants. Motion carried 4-0 with Councilmember Emery absent.
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ITEM 21
CITY MANAGER ITEMS
City Manager Bowersox stated the water conservation efforts for the week
total 38% and 27% for the month.
City Manager Bowersox announced that Assemblywoman Tricia Hunter has
introduced AB 2707 which would modify the State's requirements for low and
moderate income housing.
ITEM 22A ( 602-01, #832)
SETTLEMENT AGREEMENT IMPLEMENTATION
BANK OF SAN DIEGO/SAN MARCOS DEVELOPMENT
Staff report by City Attorney Eckis. In December, 1990 the lawsuit between the
City and the Bank of San Diego reached a Settlement Agreement providing that the
owner would retain one building lot on the northwest and southwest corners of
Camino del Norte and Pomerado Road and deed the balance of those corners to the
City as open space. In addition, the City would deed its property at 12324 Oak
Knoll Road to the Bank of San Diego.
All the pieces are in place except the parcel map on the southwest corner,
however, the Bank has a buyer for the Oak Knoll Road property and is anxious to
proceed. They are presenting a proposed lot configuration for approval in
concept.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to continue
this item to March 10, 1992 in order for a full Council to be present. City
Attorney Eckis stated that since Councilmembers Snesko and McIntyre were not on
the City Council when this lawsuit and its settlement were discussed, he will be
available during the week to answer any of their questions. Motion carried 4-0
with Councilmember Emery absent.
22B.
22C.
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.8 to instruct the City Manager as the City's negotiator regarding
acquisition of real property with Michael Anderson, negotiator for Long's
Drug Store.
City Attorney Eckis announced he had received a copy of SB 1538 which
proposes revisions to the Brown Act.
MAYOR
24A.
AND CITY COUNCIL-INITIATED ITEMS
Mayor Goldsmith announced that Councilmember Higginson
alternate to SANDAG, replacing Councilmember McIntyre.
will be an
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248.
26.
27A.
278.
Mayor Goldsmith announced that Joye Davission is the Friends of the
Library nominee to the Library Advisory Committee, replacing Susan
Sheldon.
Councilmember McIntyre stated she has reviewed a copy of the
Transportation Advisory Committee's agenda for the neighborhood meeting
tomorrow evening regarding the opening of Alora Street and feels it does
not address all the issues she raised at the City Council meeting of
January 21, 1992. She will be attending the Library Advisory Committee
meeting and will not be able to be at the TAC meeting. She requested
staff review the minutes from that meeting and more completely address her
concerns.
Councilmember Snesko made a motion, seconded by Mayor Goldsmith, to direct
staff to report on annexing property west of Highway 67 in the city's
sphere of influence, including an assessment of the services currently
being provided by the city to residents in that area, potential tax
revenues, liabilities, potential development using city zoning, and also
the potential of increasing the sphere of influence. Motion carried 4-0
with Councilmember Emery absent.
Councilmember Snesko stated he had been contacted by residents regarding
access to Hilleary Park from the west and suggested some type of
pedestrian access. City Manager Bowersox stated he will report back
regarding this item.
CLOSED SESSION
Mayor Goldsmith called for a closed session at 9:45 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 10:10 p.m. and announced the
City Council had instructed their negotiator during closed session.
Upon motion by Councilmember Higginson, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:11 p.m.
Marjorie ~. Wahlsten, City Clerk
City off, ay
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