CC 1992 05-05 CITY OF POWA¥, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 5, 1992
The May 5, 1992, regular meeting of the City Council of the City of Poway, was
called to order at 7:04 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
Bob Thomas
Mark Weston
Reba Wright-Quastler
Mike Hubert
Steve Streeter
David Narevsky
Patrick Foley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Planning Services
Fire Battalion Chief
Assistant Director of Planning Services
Redevelopment Manager
Principal Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. The
following persons were present to speak.
Mike Hubert, Fire Battalion Chief, gave a presentation regarding their
participation in the fire fighting efforts during the Los Angeles riots. Four
Poway firefighters were involved in the Mutual Aid assistance from Thursday
to Sunday and they particularly thanked Chief Sanchez and City Manager
Bowersox for providing them a city cellular phone in order to stay in contact
with their families.
Dave Pereyra, 12062 Old Pomerado Road, President of the Southwest Poway
Homeowners Association, asked about the proposed vacation of portions of Old
Pomerado Road. City Manager Bowersox stated that this is right of way that
is no longer needed after the realignment of Pomerado Road and South Poway
Parkway. The public hearing will be May 12.
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Fran Davenport, 12256 Old Stone Road, stated that 90% of the sites proposed
for the Affordable Housing overlay were in South Poway and stated the citizens
need information regarding how to affect State legislation on housing issues.
CONSENT CALENDAR
Councilmember Snesko pulled Item 25 from the Consent Calendar.
Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve the
Consent Calendar as follows:
20. Ratification of Warrant Register for April 16, 1992.
(401-10)
21. Denial of claim for damages: Rose La Chance.
(704-13)
23.
Adoption of Resolution No. 92-062, entitled, "A Resolution of the City Council
of the City of Poway, State of California, Ordering the Summary Vacation of
a Portion of South Poway Parkway and Stowe Drive and the Abutters' Rights of
Access Appurtenant to Lots 55 and 57 in City of Poway Tract 87-13, Unit 1, Map
12556 (Vacation 91-11)." (1002-06)
24.
Adoption of Resolution No. 92-063, entitled, "A Resolution of the City Council
of the City of Poway, California, Ordering the Summary Vacation of a Portion
of the General Utility Easement Adjacent to South Poway Parkway in Lots 55 and
57 in City of Poway Tract 87-13, Unit 1, Map 12556 (Vacation 91-13)."
(1002-06)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 356 - SECOND READING
VACATION 92-01)
Mayor Goldsmith read the title of Ordinance No. 356, "An Ordinance of the City of
Poway, California, Vacating the Open Space Easement in Lots 5, 6 and 7 of City of
Poway Tract No. 4278, Map No. 11326 (VAC 92-01)."
There was no one present wishing to speak.
City Manager Bowersox requested continuance to May 19, 1992 since the remedial
grading has not been completed. Motion by Councilmember Higginson, seconded by
Councilmember Emery to continue second reading of Ordinance No. 356 to May 19, 1992.
Motion carried unanimously.
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ITEM 5 (701-04)
ORDINANCE NO. 358 - SECOND READING
PAYMENT OF DRAINAGE, PARK AND TRAFFIC MITIGATION FEES
Mayor Goldsmith 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,"
and announced he would be abstaining from this item since he had been absent at the
first reading.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to waive
further reading and close the public hearing. Motion carried unanimously.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to adopt
Ordinance No. 358. Motion carried 4-0 with Mayor Goldsmith abstaining on a roll
call vote.
ITEM 6 (203-01)
TENTATIVE TRACT MAP 85-03 MODIFICATION
MINOR DEVELOPMENT REVIEW 91-55
APPLICANT: GILBERT & SHIRLEY VASQUEZ
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. She gave the history of this application and the current
status. The applicants have stated they will withdraw the application for a
modification of the Tentative Tract map with its exchange of open space location but
they still want to build their home on a different location than shown on the tract
map as the required location. If they withdraw their application, staff recommends
adoption of a Resolution approving the Minor Development Review and a condition of
that approval will be modification of the tract map showing the new house site. If
they don't withdraw the application for a modification of the tract map, then staff
recommends the Council adopt the resolution presented on March 31, 1992.
Speaking in opposition to staff recommendation:
Marty Bohl, 401 "B" Street, San Diego, attorney representing the applicant.
He stated they are withdrawing their application for a map modification. The
new pad is in the "approximate location" of the required site and he does not
feel modification of the map is necessary.
Motion by Councilmember Snesko, seconded by Mayor Goldsmith to close the public
hearing and approve the Minor Development Review 91-55 with no required modification
of the tract map. Motion failed 2-3 with Councilmembers Emery, Higginson and
McIntyre voting "no."
Motion by Councilmember McIntyre, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-92-18, entitled, "A Resolution
of the City Council of the City of Poway, California, Rescinding Resolution No. P-
91-70 and Approving Minor Development Review 91-55, Assessor's Parcel Numbers 275-
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260-28; 275-470-21, 24," with a condition to revise the Tract Map to reflect the
actual building pad. Motion carried 3-2 with Councilmember Snesko and Mayor
Goldsmith voting "no."
ITEM 7 (1002-01R)
EMINENT DOMAIN PROCEEDINGS
13536 POWAY ROAD LONGS DRUG STORE
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by City Attorney Eckis. The Ohio Teachers Retirement System
(OTRS) is the owner of property at 13536 Poway Road, leased to Longs Drug Store,
which the City and the Agency wish to purchase for a library site. The City and
Agency have determined this site serves the greatest public good with the least
private injury. OTRS is requiring that eminent domain proceedings be commenced for
the property acquisition.
Speaking in opposition to staff recommendation:
Robert Bell, 600 W. Broadway, San Diego, attorney representing Poway Town &
Country shopping Center, Poway Square Ltd., and Malone/Poway Ltd. owners of
a portion of the Town & Country Shopping Center. Longs Drugs is another
portion of this center. He stated that his clients have an interest in the
Longs property by virtue of the recorded Easements with Covenants and
Restrictions Affecting Land (ECR), that they should have been given proper
notification and included in the condemnation process, and that the use of the
Longs Building for a public library would not be allowed since it is not a
"commercial use." He also stated that he represents the owner of the Western
Lumber site and his client has authorized him to state the property is still
for sale.
City Attorney Eckis stated that he does not believe Mr. Bell's clients have an
interest in this property and if the court decides they do, then the city can have
a second eminent domain proceeding to acquire their easement rights.
Speaking in favor of staff recommendation:
Joy Davisson, 13733 Celestial Road,
Library.
Sue Sheldon, 13411Starridge
President of the Friends of the Poway
Bob Carson, partner in Poway Town & Country Shopping Center, read a paragraph from
Longs to the partnership asking if a library fit the use restrictions in the ECR.
The partnership responded that it did not.
Council discussion included Mr. Bell's perceived conflict of interest since the
Western Lumber site was also considered for the library site; definition of
"commercial use"; and what a lawsuit would do to the process of getting a library
built and opened. Councilmember McIntyre stated, that although she had worked
toward getting the Longs site approved, she could not support this action because
of what it might do to the entire library process.
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Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing, adopt Resolution No. 92-064, entitled, "A Resolution Finding and
Determining the Necessity that Certain Property be Acquired by the City of Poway
under Eminent Domain Proceedings, Directing the City Attorney to Commence a Court
Action for Said Purposes, (13536 Poway Road: APN 317-130-31)." Motion carried 3-2
with Councilmembers McIntyre and Snesko voting "no."
ITEM 8 (602-01, #931)
LEASE AND MANAGEMENT OF THE LIBRARY AT 13536 POWAY ROAD
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
On March 10, 1992, the City Council and Redevelopment Agency made an offer to
purchase the Longs Drugs building at 13536 Poway Road with the Redevelopment Agency
buying the land and leasing the building to the City for management. The City
receives a lease termination payment from Longs Drugs and then leases the building
to the County of San Diego for a library. In order to carry this out it is
necessary to execute an agreement for lease and management of the library site.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and adopt Resolution No. 92-065, entitled, "A Resolution of the Poway
City Council Approving the Lease by the Poway Redevelopment Agency of Real Property
in the Paguay Redevelopment Project Area, Making Findings of Environmental Impact
and Authorizing the Execution of a Lease and Management Agreement." Motion carried
unanimously.
ITEM 9 (203-21)
SPECIFIC PLAN AMENDMENT 84-01T
CONDITIONAL USE PERMIT 89-09M
APPLICANT: PENNZOIL PRODUCTS
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This is a request to allow bulk oil storage tanks to reduce storage/handling of 55
gallons drums for Pennzoil Products Company at 12215 Kirkham Road. The original
specific plan amendment and conditional use permit were approved in November, 1989.
Staff has reviewed this request and recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to find the
previously issued Negative Declaration is adequate, close the public hearing
and adopt Planning Resolution No. P-92-19, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 89-09M,
Assessor's Parcel Numbers 317-223-11, 12," and Resolution No. 92-066, entitled, "A
Resolution of the City Council of the City of Poway, California Approving an
Amendment to the South Poway Specific Plan (SPA 84-01T)." Motion carried
unanimously.
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ITEM 10 (203-04)
VARIANCE 92-04/MINOR DEVELOPMENT REVIEW 92-10
HILLSIDE/RIDGELINE
APPLICANT: ECKERT HOME BUILDERS FOR LARRY PORTER
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This is a request to remodel and add a 1,367 square feet, two story addition and a
1,219 square foot garage to an existing one story home at 14548 Crestline Drive.
Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the
public hearing and adopt Planning Resolution No. P-92-20, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 92-04 and
Minor Development Review 92-10, Assessor's Parcel Number 322-041-20." Motion
carried unanimously.
ITEM 11 (203-08)
CONDITIONAL USE PERMIT 91-14
DEVELOPMENT REVIEW 91-29
APPLICANT: BLACK MOUNTAIN FOUNDATION
Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox.
This is a request to construct a 25,375 square foot indoor shooting range for use
as a private training facility for Olympic class marksmen on the north side of
Blaisdell Place, east of Crosthwaite Circle in the South Poway Planned Community.
Staff recommends additions to the Resolution of approval clarifying that this site
is designated a special area for the discharge of firearms as required by Poway
Municipal Code Section 9.12.050.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-92-21, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 91-14 and Development Review 91-29, Assessor's Parcel Numbers 317-810-20,
21," as amended by staff. Motion carried unanimously.
ITEM 12 (701-01)
START TIME FOR CITY COUNCIL MEETINGS
Council concurred there was no interest in discussing this item.
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ITEM 13 (203-11)
ANNEXATION IN SPHERE OF INFLUENCE
Staff report by City Manager Bowersox. During the March 3, 1992 Council meeting,
staff was directed to report on annexing property west of Highway 67 in the city's
sphere of influence and the potential of increasing the sphere of influence. Due
to the complexity of the issues, staff recommends this item be continued to June 9,
1992.
Motion by Councilmember Higginson, seconded by Councilmember Emery to continue this
item to June 9, 1992. Motion carried unanimously.
ITEM 14 (701-09)
HOUSING COMMISSION CHARTER
Staff report by City Manager Bowersox. On March 17, 1992, the City Council approved
the creation of a Housing Commission and directed staff to prepare a charter. City
Attorney Eckis requested addition to Section II(5) to say "no appeal to the City
Council shall be permitted." He also expressed concern regarding disqualifying
conflicts of interest by having a tenant on the commission. The charter as
presented proposes one tenant/member out of the seven members.
Speaking in opposition to staff recommendation:
David Rinaldo, 13035 Corona Way, President of the Poway Royal Mobile
Homeowners Association, requested the mobile home community have more
opportunity to provide input on this charter.
Motion by Councilmember Snesko, seconded by Councilmember McIntyre to continue this
issue to June 9 in order for the public to provide input. Council also requested
a report regarding legal representation at the Housing Commission meetings and an
opinion from the Fair Political Practices Commission regarding whether the duties
listed in Section II(5) would have a disqualifying interest on a tenant. Motion
carried unanimously.
ITEM 15 (402-05)
ELIMINATION OF PRE-DEVELOPMENT CONFERENCE FEE
Staff report by City Manager Bowersox. The application fee for a pre-development
conference was established at $200 on June 4, 1991. On March 24, 1992 Council
directed staff to prepare the necessary report to eliminate this fee in order for
an applicant to have the opportunity to get Council input on a project at no cost.
Staff will not prepare a report on future pre-development conferences and the only
presentation will be by the applicant.
Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt
Resolution No. 92-067, entitled, "A Resolution of the City Council of the City of
Poway, California Deleting the Pre-Development Conference Fee from Resolution No.
91-057." Motion carried unanimously.
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ITEM 16 (1503-02)
AMENDMENTS TO BIENNIAL ELEMENT OF 1992-99
TRANSPORTATION IMPROVEMENT PROGRAM (PROP A)
(Councilmember Emery left the room.)
Staff report by City Manager Bowersox. Staff recommends amending the biennial
element of the 1993-1999 Regional Transportation Improvement Program to add the
pedestrian bicycle bridges across Poway Creek at the Community Park and amend the
schedule for the extension of South Poway Expressway from Sycamore Canyon Road to
State Highway 67
City Manager Bowersox noted that he will be recommending that in the 1992-93 budget
additional Proposition A monies be diverted into road reconstruction. That is
reflected in this decision although not mentioned in the report; however, if the
Council does not approve that portion of the budget, next year the Prop A program
can be amended to put that money back into the South Poway Expressway program.
Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve the
proposed amendments and direct staff to submit to SANDAG for inclusion with the
Biennial Element of the 1993-1999 RTIP. Motion carried 4-0 with Councilmember Emery
out of the room.
(Councilmember Emery re-entered the meeting.)
ITEM 17 (602-01, #165R)
CONTRACT WITH LIBRARY ARCHITECTS
Staff report by City Manager Bowersox. Staff is recommending certain modifications
to the agreement to reflect the city's interest in value engineering.
Motion by Councilmember Higginson, seconded by Councilmember McIntyre to approve the
contract with Cardwell/McGraw Architects for the architectural design to remodel the
Longs Drug Store building to accommodate the new Poway library as amended. Motion
carried unanimously.
ITEM 18 (701-09R)
CHARTER AMENDMENTS
REDEVELOPMENT & HOUSING ADVISORY COMMITTEE
Staff report by City Manager Bowersox. Amendments to the charter for the
Redevelopment and Housing Advisory Committee changing the voting requirements from
8 to 6 affirmative votes are recommended.
Motion by Councilmember Emery, seconded by Councilmember Higginson to approve the
recommended amendments. Motion carried unanimously.
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ITEM 19 (1180-05)
DONATION TO HIGH FIVE AMERICA
Councilmember Emery stated he had requested a continuance of this item from April
21, 1992 because of his concern about setting a precedent in donating funds to an
organization that does not exist in Poway. After his research he is in favor of the
contribution with conditions that this be a one-time donation to the formation of
a group at Poway High School, that the disbursement be as outlined by Mr. Nichols,
and that any future requests for assistance come from the High School. Motion by
Councilmember Emery, seconded by Councilmember Higginson to approve the contribution
of $1,000 to High Five America, Inc. to help fund the establishment of a Poway High
School High Five America campus club, Poway High School Sports Spectacular Assembly,
parental education program on drug and alcohol abuse, and a boys and girls
basketball camp with conditions. Motion carried unanimously.
ITEM 25 (602-01, #166R)
AWARD OF BID
ADRIAN STREET IMPROVEMENTS
This item was pulled from the Consent Calendar by Councilmember Snesko.
Motion by Councilmember Snesko, seconded by Councilmember Emery, to adopt Resolution
No. 92-068 entitled, "A Resolution of the City of Poway, State of California
Determining that the Adrian Street Improvements to be of Benefit to the Paguay
Redevelopment Agency." Motion carried unanimously.
MAYOR
29.
32A.
Be
AND CITY COUNCIL-INITIATED ITEMS
Mayor Goldsmith presented a copy of the report from the Council on California
Competitiveness, dated April 23, 1992, referred to as the "Ueberroth Report."
He made a motion that staff prepare an analysis and bring it back to Council
on June 9 for subsequent submission to the SANDAG Board. Motion seconded by
Councilmember Higginson and carried unanimously.
Councilmember Snesko asked the City Attorney if the city could offer a $5,000
reward for information leading to the arrest and conviction of the person who
firebombed a vehicle in Poway last week. City Attorney Eckis replied that the
City Council has the ability to offer rewards for any crimes they may wish to
designate. Motion by Councilmember Snesko to offer such a reward. There was
no second.
Council asked whether this would assist law enforcement and requested staff
bring this item back at the next meeting.
Councilmember Snesko stated he has been informed by various persons that drugs
are readily available at several residences in Poway and made a motion that
the City offer a $500 reward for information leading to the arrest and
conviction of a person dealing drugs in Poway. Following discussion,
Councilmember Snesko withdrew his motion and left the meeting at 10:05 p.m.
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ADJOURNMENT
Upon motion by Councilmember Emery, seconded by Councilmember Higginson, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:06 p.m.
Marjori~e ~. Wahlsten, City Clerk
City or. way
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