CC 1992 04-21 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 21, 1992
The April 21, 1992, regular meeting of the City Council of the City of Poway,
was called to order at 7:05 p.m., by Deputy Mayor McIntyre at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Kathy McIntyre, Tony Snesko,
COUNCILMEMBERS ABSENT AT ROLL CALL
Jan Goldsmith {Mayor Goldsmith arrived at 7:35 p.m.}
Don Higginson {Councilmember Higginson arrived at 7:07 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Janis Acosta
City Manager
City Clerk
Assistant 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
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
(Councilmember Higginson entered the meeting.)
Deputy Mayor McIntyre explained the procedure for Public Oral Communications.
Present to speak were:
Clara Harris, 7435 University Avenue #202, La Mesa, Chairman of the San Diego
County Fair Housing Task Force, presented copy of the Draft Assessment of
Impediments to Fair Housing Choice, and requested comments within two weeks.
David Rinaldo, 13035 Corona Way, President of the Poway Royal Mobilehome
Owners Association, requested the City give Community Pool passes to the
residents of Poway Royal since their pools are currently being renovated.
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Assistant City Manager John Fitch responded that, although the contractor has
until August to complete the work, it will be completed by mid-June.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the
Consent Calendar as follows:
20.
Approval of Minutes - City Council:
March 24,1992, Regular Meeting
March 31, 1992, Regular Meeting
22. Ratification of Warrant Registers - March 26, 30, April 2, 1992.
(401-10)
23. Approval of parcel map for Tentative Parcel Map No. 90-04, acceptance of
various easements, and adoption of Resolution No. 92-049, entitled, "A
Resolution of the City Council of the City of Poway, State of California,
Ordering the Expansion of Poway Landscape Maintenance Assessment District No.
86-03B With Written Consent of All Property Owners," WalMart Stores.
(203-02)
24. Adoption of Resolution No. 92-050, entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing 'No Parking' Zones on Olive
Grove Drive, Martincoit Road, Oak Knoll Road, and Summerfield Lane," to
accommodate operation of new traffic signals.
(1163-01)
24.1
Adoption of Resolution No. 92-051, entitled, "A Resolution of the City Council
of the City of Poway, State of California, Determining that Purchase of
Assessor Parcel Numbers 321-100-11, 12, 16 and 17 to be of Benefit to the
Paguay Redevelopment Agency," authorizing expenditure of $390,000 for property
in Rattlesnake Canyon as mitigation land for coastal sage and riparian oak
habitat that will be impacted by construction of the South Poway
Expressway. (1002-01R)
24.2
Adoption of Resolution No. 92-052, entitled, "A Resolution of the City Council
of the City of Poway, Determining that the Acquisition of a Site and
Construction of Improvements for a Public Library is of Benefit to the Paguay
Redevelopment Agency." (1402-02)
Motion carried 4-0 with Mayor Goldsmith absent.
ITEM 4 (701-04)
ORDINANCE NO. 353 - SECOND READING
GRAFFITI REMOVAL AND REWARD PROGRAM
Deputy Mayor McIntyre read the title of Ordinance No. 353, "An Ordinance of the City
Council of the City of Poway, California, Establishing Chapter 9.56 of the Poway
Municipal Code Relating to Graffiti."
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Staff report by City Manager Bowersox. As requested by Council at the February 18,
1992 meeting, this ordinance was forwarded to the Chamber of Commerce for comments.
They are in favor of the ordinance except the provision requiring the property owner
to pay for removal. Council concurred that property owners are responsible for
other things that occur on their property, such as illegal dumping and weed
abatement.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Emery to waive further
reading, close the public hearing and adopt Ordinance No. 353, and Resolution No.
92-053, entitled, "A Resolution of the City Council of the City of Poway,
California, Establishing a Reward Program for Information Leading to the Conviction
of Persons Applying Graffiti to Public or Private Property."
Motion carried 4-0 with Mayor Goldsmith absent.
ITEM 5 (701-04)
ORDINANCE NO. 354 - SECOND READING
SMOKING IN PUBLIC PLACES
Deputy Mayor McIntyre 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. The second reading was continued to allow
staff to gather additional information. Staff is still compiling information and
recommends continuance to April 28, 1992.
Speaking in opposition to staff recommendation:
Sam Lodginski, Poway Fun Bowl, presented results of a survey showing the
majority of their bowlers want smoking to be allowed in the bowling center.
Motion by Councilmember Emery, seconded by Councilmember Snesko to continue
consideration of Ordinance No. 354 to April 28, 1992. Motion carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 357 - SECOND READING
SPEED LIMIT ON OLD POMERADO ROAD
Deputy Mayor McIntyre read the title of Ordinance No. 357, "An Ordinance of the City
of Poway, California, Adding to Section 10.32.230 of the Poway Municipal Code
Establishing Speed Limits on Old Pomerado Road Between Pomerado Road and the
Southern Terminus."
Staff report by City Manager Bowersox. This Ordinance establishes a speed limit of
35 MPH on this road because of narrow unimproved shoulder conditions, high
pedestrian activity day and night, and no sidewalks.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Hi§§inson to waive further
reading, close the public hearing and adopt Ordinance No. 357. Motion carried 4-0
with Mayor Goldsmith absent.
ITEM 7 (203-01)
TENTATIVE TRACT MAP 85-03
APPLICANT: GILBERT VASQUEZ
City Manager Bowersox stated this matter is still being discussed by the applicant
and the city, and staff recommends a two week continuance. Motion by Councilmember
Emery, seconded by Councilmember Higginson to continue consideration of Tentative
Tract Map 85-03 Modification 2 to May 5, 1992. Motion carried 4-0 with Mayor
Goldsmith absent.
ITEM 8 (203-02)
TENTATIVE PARCEL MAP 87-04TE(3)
APPLICANT: JEFF CARROLL
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a third one-year time extension for Tentative
Parcel Map 87-04 which subdivides 1.94 gross acres of land into three lots at the
northeast corner of Chancellor Way and Adah Lane. This will be the final request
for an extension and staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-92-16, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Parcel Map
87-04TE(3), Assessor's Parcel Number 323-262-09 and 10." Motion carried 4-0 with
Mayor Goldsmith absent.
ITEM 9 (203-08)
CONDITIONAL USE PERMIT 92-02
APPLICANT: PALOMAR/POMERADO HEALTH SYSTEM
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This is a request to utilize an existing modular building on the grounds
of Pomerado Hospital to house a permanent Sexual Assault Response Team. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-92-16, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 92-02, Assessor's Parcel Number 275-461-04." Motion carried 4-0 with Mayor
Goldsmith absent.
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ITEM 10 (701-04)
ORDINANCE AMENDING MEETING START TIME
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This Ordinance was noticed for public hearing in order to achieve a June
1 effective date, however, the Council's action on April 7 to delay this issue for
further information has made this public hearing unnecessary.
Motion by Councilmember Emery, seconded by Councilmember Higginson to remove this
item from calendar. Motion carried 4-0 with Mayor Goldsmith absent.
(Mayor Goldsmith arrived at 7:35 p.m.)
ITEM 11 (701-04)
ORDINANCE NO. 358 - FIRST READING
COLLECTION OF DRAINAGE, PARK, AND TRAFFIC MITIGATION FEES
Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 358,
"An Ordinance of the City of Poway, California, Amending Sections of Titles 12, 15
and 16 of the Poway Municipal Code Concerning Payment of Drainage Fees, Park Fees
and Traffic Mitigation Fees." Staff report by City Manager Bowersox. This
Ordinance amends Chapters 12, 15 and 16 of the Poway Municipal Code regarding
collection of those fees to clarify provisions as they pertain to additions to
single family homes. If a property has paid fees, no additional fees will be
collected for remodels. Staff proposes an addition to Section 15.06.050 to read
"Construction of a new, an addition to, and/or reconstruction of a single family
house that has at some time in the past paid a similar fee for traffic mitigation,
park, or drainage;..."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to waive further
reading and continue the public hearing to May 5, 1992 for second reading. Motion
carried unanimously.
ITEM 12 (202-01)
CITY COUNCIL GOALS & OBJECTIVES
Staff report by City Manager Bowersox. The list of goals developed from past
sessions and the February 18, 1992 meeting have been formatted within the topic
categories of budget, child care, community relations, customer service, economic
development, housing, library, arks and recreation, public health and safety, public
improvements, regional efforts, resource conservation, solid waste and recycling,
technology, transportation, and water resources. The fiscal impact of each goal is
listed. Staff recommends adoption.
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Councilmember McIntyre commended staff for the readable document and requested a
cover sheet that would list just the goals without the detail. Mayor Goldsmith
requested Goal 2, "Continue to Maintain Healthy Fiscal Reserves," be amended to
reflect the actual reserves as they are today.
Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt the goals
and objectives, as amended. Motion carried unanimously.
ITEM 13 (1180-05)
DONATION TO HIGH FIVE AMERICA
Motion by Councilmember Emery to continue this item for two weeks in order to get
more information about the organization. Motion seconded by Councilmember Snesko
and carried unanimously.
ITEM 14 (1401-13)
SOUTH POWAY SPORTS PARK STATUS
Staff report by City Manager Bowersox. Construction is scheduled to start on the
South Poway Sports Park on August 1. In order to get teams on the fields as soon
as possible, two fields will be constructed and seeded first, then work will
continue on the buildings. This will enable the turf to be established on two
fields and teams begin play as soon as the project is completed.
Council concurred to receive and file the report.
ITEM 15 (203-11)
STATE REVIEW OF HOUSING ELEMENT
Staff report by City Manager Bowersox. The State Department of Housing and
Community Development (HCD) has notified the City that further revisions are needed
to bring our Housing Element into compliance with State housing element law. Staff
sees three alternative courses of action including amending the element, declining
to amend the element and seeking declaratory relief. Staff recommends they draft
amendments in response to HCD comments and schedule them for review in conjunction
with the June General Plan amendments.
Motion by Councilmember McIntyre to direct staff to bring the proposed amendments
to the Council for review prior to setting a public hearing. Council will then
determine which alternative course of action they desire to take. Motion seconded
by Councilmember Emery and carried unanimously.
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ITEM 16 (205-04)
STATUS OF GENERAL FUND BUDGET
MID-YEAR BUDGET ADJUSTMENTS FOR 1991-92
Staff report by City Manager Bowersox. Council directed staff to bring back an
updated report on the current year's budget in the third quarter. The previously
forecasted general fund shortfall has been reduced from $575,660 to $228,930. Staff
anticipates this will be further reduced before year end. The total reserves equal
$34.6 million with $7.8 million in the general fund reserve. Staff recommends staff
be directed to continue to achieve a balanced 1991-92 budget and, if necessary,
apply prior year's surplus general fund revenues to any remaining shortfall and
adopt the resolution approving mid-year budget amendments. Mayor Goldsmith
requested a further update before the end of the fiscal year with decision regarding
how to treat any shortfall made at that time.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-054, entitled, "A Resolution of the City Council of the City of
Poway, California, Approving the Mid-year Budget Amendments for Fiscal Year 1991-
1992," and direct staff to give a further report before the end of the fiscal year.
Motion carried unanimously.
(Councilmember Snesko left the room.)
ITEM 17 (1002-06)
INTENTION TO VACATE
SOUTHWEST CORNER OF SOUTH POWAY PARKWAY AND POMERADO ROAD
Staff report by City Manager Bowersox. McMillin Communities has requested the City
vacate a portion of Old Pomerado Road, Pomerado Road, and Creek Road in Lot 121, and
a portion of Pomerado Road in Lot A of the proposed Rolling Hills Estates, TTM 88-
04. Staff recommends adoption of the Resolution of Intention setting a public
hearing.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-055, entitled, "A Resolution of the City Council of the City of
Poway, State of California, Declaring the Intention to Vacate Portions Old Pomerado
Road, Creek Road, and Pomerado Road at the Southwest Corner of South Poway Parkway
and Pomerado Road Intersection (Vacation 90-01)." Motion carried 4-0 with
Councilmember Snesko out of the room.
(Councilmember Snesko re-entered the meeting.)
ITEM 18 (1163-01)
LOADING ZONE AT TIERRA BONITA SCHOOL
Staff report by City Manager Bowersox. To accommodate better passenger drop-off and
pick-up in front of Tierra Bonita Elementary School, the Traffic Safety Committee
recommends approval of forty additional feet of a time-restricted loading zone on
Tierra Bonita Road along the northerly school frontage.
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Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-056, entitled, "A Resolution of the City Council of the City of
Poway Establishing an Additional 'Loading' Zone on Tierra Bonita Road Northerly of
Twin Peaks Road." Motion carried unanimously.
ITEM 19 (203-21)
INITIATION OF SPECIFIC PLAN AMENDMENT 84-01U
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. This is a City-initiated request for a specific plan
amendment which would give the City Council an option of reducing parking standards
for large scale industrial buildings where owners agree to provide Transportation
Demand Management measures in order to reduce parking needs. Although the staff
report and resolution talk about buildings in excess of 150,000 square feet, staff
would change that to 50,000 square feet. This could be applied to AnaComp, which
is currently building in the South Poway Business Park. A public hearing to
consider this specific plan amendment has been scheduled for April 28, 1992.
Councilmember Emery expressed concerns regarding future changes in occupancies which
would require more parking and requested staff give the Council criteria for them
to use in evaluating the requests. Councilmember Higginson requested a list of
businesses in South Poway by size of building and number of parking spaces.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-057, entitled, "A Resolution of the City Council of the City of
Poway, California Regarding the Initiation of the Preparation of an Amendment to the
South Poway Specific Plan (SPA 84-01U)," amended to 50,000 square feet. Motion
carried unanimously.
ITEM 19.1 (1170-04)
RECYCLING PROGRAM STATUS
Item introduced by City Manager Bowersox. Staff report by Director of Public
Services Archibald. The Board of Supervisors, on April 7, revised the compliance
deadlines for the mandatory recycling ordinance. Our deadline is still September
1, 1992 for the single-family residential program, but penalties will not accrue
until December 1, 1992. The deadline to begin yard waste recycling is April 1, 1994
and the multi-family and commercial is October 1, 1994. The City will implement an
exclusive franchise on January 1, 1995 and staff suggests a waiver be requested from
the County for those three components to January 1, 1995 because of our unique
situation with multiple haulers.
Motion by Councilmember Emery, seconded by Councilmember Snesko to set September 1,
1992 as the implementation date for single-family residential mandatory recycling
and request a waiver from the County of San Diego to January 1, 1995 for yard,
multiple-family and commercial waste recycling. Motion carried unanimously.
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ITEM 19.2 (203-08)
ARCHERY RANGE FUNDING
Staff report by City Manager Bowersox. Conditional Use Permit 91-01 was approved
for an archery range on Lake Poway Road without city funding. A $5,000 grant was
received from the Black Mountain Foundation to help fund construction. Rock
blasting is necessary and additional funds are needed. Staff recommends a $7,000
loan to this project which will be paid back through a donation.
Motion by Councilmember Snesko, seconded by Councilmember McIntyre to approve a
$7,000 loan from the Unappropriated General Fund to the Archery Range Capital
Improvement Project fund. Motion carried unanimously.
ITEM 25
CITY MANAGER ITEMS
City Manager Bowersox announced that a mountain lion has been sighted in the area
below Twin Peaks Mountain, northwest of the intersection of Twin Peaks and Espola
Roads and flyers are being distributed to residents to advise them to not leave pet
food or small pets outside.
MAYOR
27.
29.
31.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery asked about cleaning up the weeds in front of the new
condominiums on the west side of Midland Road at Scotts Way. Director of
Planning Services Wright-Quastler stated they are in foreclosure and the city
is looking at them as potential affordable housing units.
Councilmember
operational.
30 days.
Higginson asked when the new traffic signals will be
Director of Engineering Services Weston stated in approximately
Councilmember Snesko asked if the city had any control over people soliciting
money in shopping centers for various causes and cited a recent incident where
the solicitors did not seem to be what they represented. City Manager
Bowersox stated that these persons are required to get a solicitor's license
from the city, however the Sheriff can do field investigations. Council
concurred to so direct staff.
Councilmember Snesko asked about proclaiming May 3-9 as anti-pornography week
and stated he had some material he would get to staff.
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ADJOURNMENT
Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 8:50 p.m.
Marjor/ie i~. Wahlsten, City Clerk
City o~way
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