CC 1992 03-24 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 24, 1992
The March 24, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Janis Acosta
City Manager
City Clerk
Deputy City Attorney
Assistant City Manager
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
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PRESENTATION
Mayor Goldsmith presented a ten year employee service award to Christine Tsung,
Finance Manager.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. There was
no one present wishing to speak.
CONSENT CALENDAR
Councilmember Snesko pulled Item 21 from the Consent Calendar. Motion by
Councilmember Higginson, seconded by Councilmember McIntyre, to approve the Consent
Calendar as follows:
14.
Approval of Minutes - City Council:
March 3, 1992, Regular Meeting
16. Ratification of Warrant Register - March 5, 1992.
(401-10)
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17. Denial of claim for damages: A) Kenneth Battenfield; B) James Murray.
(704-13)
18. Receive and file quarterly status report for Transportation Improvement
Projects. (1110-01)
19. Approval of agreement with the County of San Diego for a hazardous waste
collection event on May 17, 1992 and authorization for the City Manager to
execute similar agreements during 1992-93; and adoption of the San Diego
Regional Household Hazardous Materials Emergency Contingency Plan.
(602-01, #921)
20. Adoption of Resolution No. P-92-14, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit 92-
04," for a bicycle race in the South Poway Business Park on April 5, 1992.
(203-07)
22. Acceptance of Water Test Well Drilling Project from Bob Beeman Drilling, Inc.;
authorization to file a Notice of Completion; and transfer of $1,508.38 from
the water fund's unappropriated reserve. (602-01, #897)
22.1
Appropriation of $13,200 for optimized signal timing for eleven signals on
Poway and Pomerado Roads to be reimbursed by CalTrans FETSIM grant.
(401-30)
ITEM 5 (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 public hearing was continued from March
3 to allow the City Attorney to revise the proposed ordinance to allow smoking in
the concourse area of bowling centers.
Sam Lodginski, 13365 Floral Avenue, representing the Poway Fun Bowl, stated a
prohibition against smoking would adversely affect the business.
Vaughn Hapeman, 12941 Poway Road, representing the Poway Fun Bowl, presented
information from a bowling center in San Luis Obispo that had suffered business loss
because of the city enacting non-smoking regulations.
City Council asked if we have any information about other bowling centers in
California that are smokeless in order to determine if they had lost business due
to being smokeless and suggested staff contact the League of California Cities.
They concurred we need to be consistent county-wide, both in the regulations and
their enforcement.
Motion by Councilmember Snesko, seconded by Councilmember Emery to continue this
item to April 21, 1992 to get more information. Motion carried 4-1 with
Councilmember McIntyre voting "no."
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ITEM 6 (602-01, #919)
REIMBURSEMENT AGREEMENT
POMERADO ROAD/DONALD BREN COMPANY
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
The realignment and construction of Pomerado Road from the common boundary of San
Diego and Poway northerly to Creek Road benefits other property owners and
reimbursement from those benefitting owners has been requested by the applicant,
developer of Scripps Eastview in San Diego. The effective date of the agreement is
changed to November 9, 1990 and Exhibits 3 and 4 have been revised to reflect
changes to the reimbursement on the McMillin property. Staff recommends approval.
Speaking in favor of staff recommendation:
Sam Safino, 3615 Kearny Villa Road, representing Bren Company
Motion by Councilmember Higginson, seconded by Councilmember McIntyre, to close the
public hearing, approve the reimbursement agreement with Donald L. Bren Company and
direct the City Clerk to record the agreement. Motion carried unanimously.
ITEM 7 (602-01, #920)
REIMBURSEMENT AGREEMENT
OFF-SITE SEWER/DONALD BREN COMPANY
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
The off-site sewer main installed in Pomerado Road to serve the Scripps Eastview
development in the City of San Diego also benefits other property owners in Poway
and reimbursement from those benefitting owners has been requested by the applicant.
Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to close the
public hearing, approve the reimbursement agreement with Donald L. Bren Company and
direct the City Clerk to record the agreement. Motion carried unanimously.
ITEM 8 (701-04)
ORDINANCE ESTABLISHING HOURS OF OPERATION FOR
AUTO REPAIR BUSINESSES ADJACENT TO RESIDENTIAL
Mayor Goldsmith opened the public hearing and read the title, "An Ordinance of the
City of Poway, California Adding Section 17.12.160.R to the Poway Municipal Code,
Limiting the Hours of Operation for Automotive Repair Uses in the Manufacturing
Service (MS) Zone which are Located Adjacent to Residentially Zoned Property."
Staff report by City Manager Bowersox. This ordinance would regulate hours of
operation for motor vehicle repair in the manufacturing service zone adjacent to
residential property. These hours would be the same as those imposed by
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conditional use permit on new businesses. It is being proposed because of a
history of complaints from adjacent residences including items being thrown over the
fence at their homes, cars racing up and down the alley at all hours, loud music
from the businesses.
Speaking in opposition to staff recommendation:
Mike Graham, 13945 Poway Road, Mike's Transmission
Thomas Fath, 13933 Poway Road, Poway Transmission
Allan Ligi, 13907 Poway Road, Auto Body Excellence
Joe Leslie, 13909 Poway Road, Larry's Automotive.
The businessmen stated the residences were built after the businesses and indicated
a willingness to work with the residents, however, a restriction on hours of
operation would curtail the service they could give their customers.
Councilmember Snesko stated he had met the business owners in the past week and
suggested he sit down with them and get them to police their employees more
effectively. Council concurred the "penalty should fit the crime" and this
ordinance was overbroad and would not solve the problem.
Motion by Councilmember Emery, seconded by Councilmember Snesko to reject this
ordinance and directed staff to report in six months regarding any complaints
received from the residents in the interim. Motion carried unanimously.
ITEM 9 (701-04)
ORDINANCE NO. 356 - VACATING OPEN SPACE EASEMENT
Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 356,
"An Ordinance of the City of Poway, California, Waiving the Requirements of Section
16.16.110(B) of the Poway Municipal Code and Vacating the Open Space Easement in
Lots 5, 6 and 7 of City of Poway Tract No. 4278, Map No. 11326." City Manager
Bowersox stated that it was not necessary to waive 16.16.119(b) and the Ordinance
and staff recommendation will be changed accordingly. Erroll and Pauline Yeager,
owners of the property in question, illegally graded the open space area. To remedy
the situation, staff is proposing dedication of equal open space on contiguous
property they own and the vacation of existing open space, in connection with some
remedial grading. Final adoption of the ordinance will be contingent on the
completion of the grading.
Speaking in favor of staff recommendation:
Sue Herndon, 16552 Corte Paulina, representing A1 Jordan, a potential buyer
of Lot 7.
Council discussed the other violations on the property referred to in a letter
received from a neighbor and staff stated they would be taken care of through code
enforcement. The neighbor's request for vacation of their open space easement
should not be granted since this proposed action results in no net loss of open
space to the City.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to waive further
reading and continue the public hearing to April 7, 1992, for second reading of the
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ordinance, contingent on the completion of the required remedial grading. Following
adoption, the City Clerk is directed to file a certified copy with the County
Recorder concurrent with the replacement easement. Motion carried unanimously.
ITEM 10 (1110-04)
ALORA STREET OPENING
TRANSPORTATION ADVISORY COMMITTEE REPORT
Item introduced by City Manager Bowersox. Staff report by Director of Engineering
Services Weston. As requested by the City Council, the Transportation Advisory
Committee held a public meeting to receive public input relative to opening Alora
Street upon completion of the La Paz Summit subdivision. Approximately 60 residents
attended and after deliberation, the TAC voted 6-0 to open Alora Street.
Councilmember McIntyre stated she had listened to the tape of that meeting and
explained why she had asked to have this issue reconsidered. Although she doesn't
agree with their recommendation, she will support the TAC. The residents wishing
to have the road closed indicated they would not attend this meeting but would
acquiesce to the TAC's recommendation.
Speaking in favor of staff recommendation:
Larry Fry, 14347 Jolley Lane
Peter Stein, 13314 Neddick Avenue
Jon McCartney, 13524 Del Marino Avenue
Dolan Warren Flores, 13311Neddick Avenue
Randy Wilkins, 14617 Acton Ct., Chair of the Transportation Advisory
Committee and the Garden Road Civic Association
Following discussion, motion by Councilmember Snesko, seconded by Councilmember
Emery to accept the Transportation Advisory Committee's recommendation to construct
the La Paz Summit subdivision as approved and direct staff to prepare traffic
studies in the adjoining neighborhoods one year after completion of the subdivision.
Motion carried unanimously.
ITEM 11 (1180-03)
USE OF REDEVELOPMENT FUNDS
Staff report by City Manager Bowersox. At the February 25, 1992 meeting, Bill
Barnick requested information from the City Council on expenditure of redevelopment
funds on projects that benefit individual neighborhoods. By law redevelopment
agencies are given latitude on projects that benefit either an individual or group
of individuals, often as a catalyst for economic development. They may also
eliminate blighting conditions which indirectly benefits the entire community.
Staff recommends the Council receive and file the report.
Council concurred to receive and file the report.
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ITEM 12 (1301-01)
SKATEBOARDING ON OLD COMMUNITY ROAD
Staff report by City Manager Bowersox. At the February 25, 1992 meeting, Mayor
Goldsmith stated he had received a complaint regarding skateboarding on Old
Community Road. Persons using skateboards are defined as pedestrians in the
California Vehicle Code and must adhere to those regulations. The Sheriff's
Department will continue to routinely patrol the area. Staff recommends the Council
receive and file the report.
Council concurred to receive and file the report.
ITEM 13 (203-24, MCUP 88-12)
POWAY HIGH MUSIC BOOSTERS RECYCLING CENTER
Staff report by City Manager Bowersox. At the February 25, 1992 meeting, Council
directed staff to meet with the property owner, Music Boosters, and IMS Recycling
to negotiate funding for necessary improvements to the recycling center at 14225
Garden Road. Staff report recommends this item be continued to April 7, 1992,
however, staff now wishes the item be removed from calendar and rescheduled.
Motion by Councilmember Snesko, seconded by Councilmember McIntyre to remove this
item from calendar. Motion carried unanimously.
Mayor Goldsmith noted that Randy Wilkins, President of the Garden Road Association,
requested he receive information on this project.
ITEM 21 (704-19)
ARTS ALIVE! FOUNDATION FINANCING PROPOSAL
Councilmember Snesko pulled this item from the Consent Calendar and asked several
questions regarding the financing proposal. City Manager Bowersox stated that the
Foundation is a totally independent agency and we will have no control over any
funds they receive. Motion by Councilmember Higginson, seconded by Councilmember
Emery to allow the Foundation to retain all funds raised by them upon repayment of
the $300,000 loan to the city and to extend the $25,000 loan guarantee to March 30,
1993. Motion carried 4-1 with Councilmember Snesko voting "no."
ITEM 23
CITY MANAGER ITEMS
City Manager Bowersox stated that the water conservation efforts total 53% for the
week and 57% for the month to date. The San Diego County Water Authority indicated
that they will probably be calling for a 10% voluntary conservation goal in 1992-93.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
28A.
28B.
28C.
28D.
29A.
29B.
Councilmember McIntyre requested a map by number of those sites being
considered by the Redevelopment & Housing Advisory Committee for Affordable
Housing overlay and for more detail in the minutes regarding the rationale for
Committee votes.
Councilmember McIntyre asked when the status report regarding Council goals
and objectives would be coming back to Council.
Councilmember McIntyre asked when the South Poway Sports Complex will be going
out to bid.
Councilmember McIntyre asked the status of the proposed water park in South
Park and stated the proposed outlet mall hinges on the water park.
Councilmember Snesko stated the water park is waiting for the outcome of the
Lively vs McLauchlan lawsuit but should be moving ahead.
Councilmember Snesko initially requested this item be continued to March 31,
1992 as he is waiting for a return call regarding additional firms to be
considered for the organizational study. He stated he had talked to MSI, one
of the firms discussed March 17, and they do not do organization studies, only
fee analysis. City Manager Bowersox explained the proposed three components
of the management audit. Based on the March 17, action staff is soliciting
proposals from MSI for the fee study and Hinderliter, deLlamas & Associates
for a sales tax allocation study. The third component is the organizational
study and a request for qualifications is being prepared for that part.
Council suggested Councilmember Snesko discuss this with the City Manager.
Councilmember Snesko requested the $200 fee for a pre-development conference
be eliminated. Following discussion, Council concurred that the procedure
needs to be streamlined with no staff report being prepared and directed staff
to bring back the necessary action for Council to eliminate the fee.
ADJOURNMENT
Upon motion by Councilmember Snesko,
Goldsmith ordered the meeting adjourned.
seconded by Councilmember Emery, Mayor
The time of adjournment was 9:25 p.m.
Marjor~e K~. Wahlsten, City Clerk
City of~ay
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