CC 1992 05-12 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR MEETING
NAY 12, 1992
The May 12, 1992, regular meeting of the City Council of the City of Poway,
was called to order at 7:02 p.m., by Deputy Mayor McIntyre at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko
COUNCILMEMBERS ABSENT AT ROLL CALL
Jan Goldsmith
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
John Fitch
Bob Thomas
Alan Archibald
Mark Sanchez
Steve Streeter
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PROCLAMATION
Deputy Mayor McIntyre read the proclamation proclaiming May 17-23, 1992 as "Buddy
Poppy Week" in the City of Poway and presented it to Bud Gray and Commander Joe
Sanchez of the Poway VFW Post 7907.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor McIntyre explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Cindy Barnes, 14508 Springvale Street, discussed the rules for pets in the
mobile home parks owned by the city. They are not the same and she is unable
to purchase a coach in the Poway Royal Mobile Estates because she owns two
dogs. City Manager Bowersox stated he will report back on May 26, 1992.
A. J. Pappas, 13316 Avenida la Valencia, stated his neighbor had been granted
a Conditional Use Permit for a guest house. That has been converted to a
rental unit in violation of the CUP. City Manager Bowersox stated he will
report back on May 26, 1992.
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CONSENT CALENDAR
Deputy Mayor McIntyre pulled Items 16, 20 and 21 from the Consent Calendar. Motion
by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent
Calendar as follows:
ge
Approval of Minutes - City Council:
April 21, 1992, Regular Meeting
11. Ratification of Warrant Register - April 23, 1992.
(401-1o)
12.
Approval of a letter of agreement to form the Central County Wildlife Forum
and enrollment in the Natural Community Conservation Planning Program.
(602-01, #932)
13.
Adoption of Resolution No. P-92-22, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Comprehensive Sign Program
92-01, Assessor's Parcel Number 317-480-11," for Creekside Plaza located on
the south side of Poway Road between Community and Midland Roads. (203-15)
14.
Authorization for staff to proceed with painting two water reservoirs without
further compliance with Section 20162 of the Public Contract Code because no
bids were received. (601-03)
15.
Approval of parcel map for Tentative Parcel Map 91-04, Douglas and Lois
Pierson applicants; located at Oakstand Road, west of Poway High School, and
adoption of Resolution No. 92-069, 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. 86-01 to Include Tentative
Parcel Map No. 91-04 with Written Consent of All Property Owners." (203-02)
17.
Adoption of Resolution No. 92-070, entitled, "A Resolution of the City Council
of the City of Poway, California Determining that the Installation of a Bridge
on Cobblestone Creek Road is of Benefit to the Paguay Redevelopment
Project." (1110-03R)
18.
Adoption of Resolution No. 92-071, entitled, "A Resolution of the City Council
of the City of Poway, California Determining that the Construction of a Water
Line and Fire Hydrant on La Manda Drive and Hilltop Circle are of Benefit to
the Paguay Redevelopment Project." (806-01R)
19.
Adoption of Resolution No. 92-072, entitled, "A Resolution of the City Council
of the City of Poway, California Determining that the Installation of the
Hilltop Circle Sewer Line is of Benefit to the Paguay Redevelopment
Project." (806-01R)
21.1
Receive and file report regarding the review of Assessment of Impediments to
Fair Housing Choice prepared by County of San Diego Fair Housing Task Force
and Department of Housing and Community Development. (1504-07)
Motion carried 4-0 with Mayor Goldsmith absent.
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ITEM 5 (701-04)
ORDINANCE NO. 359 - SECOND READING
SOLID WASTE, GREEN WASTE & RECYCLABLES COLLECTION
Deputy Mayor McIntyre read the title of Ordinance No. 359, "An Ordinance of the City
of Poway, California, Rescinding Chapter 8.68 of the Poway Municipal Code and
Establishing a New Chapter 8.68 of the Poway Municipal Code Regulating Solid Waste,
Green Waste, and Recyclable Material Collection."
Staff report by City Manager Bowersox. This is the second reading of the Ordinance
which, among other provisions, requires the current permit holders to provide
collection of recyclable materials from single family residences by September 1,
1992.
Motion by Councilmember Emery, seconded by Councilmember Higginson to waive further
reading, close the public hearing and adopt Ordinance No. 359. Motion carried 4-0
on a roll call vote with Mayor Goldsmith absent.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 92-03
APPLICANT: MICHAEL MORTON/BRIGANTINE RESTAURANT
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This is a request for the Brigantine restaurant to serve alcoholic
beverages, including hard liquor, in the Creekside Plaza at the southeast corner of
Midland and Poway Roads. Staff recommends a change in the Resolution to allow
service of alcoholic beverages up to one and one half hours following the hours in
which food is being served.
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-92-23, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 92-03, Assessor's Parcel Number 317-480-11," as amended by staff. Motion
carried 4-0 with Mayor Goldsmith absent.
ITEM 7 (203-02)
TENTATIVE PARCEL MAP 89-12 TIME EXTENSION
APPLICANT: ERB ENGINEERING FOR FIRST FIDELITY THRIFT AND LOAN
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one year time extension for TPM 89-12 which
subdivides 12.6 acres into four parcels at the eastern terminus of Orchard View
Lane. The applicant has requested a redesign of the access roadway and staff
recommends approval with some amended conditions.
There was no one present wishing to speak.
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Motion by Councilmember Snesko, seconded by Councilmember Hi§§inson to close the
public hearing, find that the previously issued Negative Declaration adequately
addresses environmental concerns, and adopt Planning Resolution No. 92-24, entitled,
"A Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 89-12TE, Assessor's Parcel Number 321-031-18." Motion carried
4-0 with Mayor Goldsmith absent.
(See reconsideration vote following Item 8.)
ITEM 8 (1002-06)
VACATION 90-01/PORTIONS OF
OLD POMERADO ROAD, CREEK ROAD, POMERADO ROAD
Deputy Mayor McIntyre opened the public hearing. Staff report by City Manager
Bowersox. This right of way now lies within Lots 121 and A of Tentative Map 88-04
following the realignment of Pomerado Road and staff recommends approval of its
vacation.
Speaking in favor of staff recommendation:
Ed Elliott, McMillin Communities, 2727 Hoover Avenue, National City
Motion by Councilmember Snesko, seconded by Councilmember Higginson, to close the
public hearing and adopt Resolution No. 92-073, entitled, "A Resolution of the City
Council of the City of Poway, State of California, Ordering the Vacation of Portions
of 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 Mayor Goldsmith absent.
ITEM 7 (203-02)
RECONSIDERATION
Councilmember Emery stated he had abstained from voting on this Tentative Parcel Map
when it was originally presented because of the proximity of his home to this
property and needed to abstain from the time extension. Motion by Councilmember
Emery, seconded by Councilmember Higginson to reconsider time extension for
Tentative Parcel Map 88-12 Time Extension. Motion carried 4-0 with Mayor Goldsmith
absent.
Motion by Councilmember Snesko, seconded by Councilmember Higginson to close the
public hearing, find that the previously issued Negative Declaration adequately
addresses environmental concerns, and adopt Planning Resolution No. 92-24, entitled,
"A Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 89-12TE, Assessor's Parcel Number 321-031-18." Motion carried
3-0 with Mayor Goldsmith absent and Councilmember Emery abstaining.
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ITEM 8.1 (1301-01)
REWARD SYSTEM FOR CERTAIN CRIMES
Staff report by City Manager Bowersox. Councilmember Snesko requested rewards be
established for certain crimes at the May 5, 1992 meeting. The only program
currently operating in the County is Crime Stoppers Tip Line.
Councilmember Snesko stated he believes there is a need to send a message in the car
bombing incident that we will not tolerate hate crimes in our community and made a
motion that the City Council authorize a reward of $5,000 for the arrest and
conviction of the perpetrator of hate crimes with the reward money being recovered
from the convicted person. There was no second or discussion. Council received and
filed the report.
ITEM 16 (1402-01)
STRATEGIC VISION STATEMENT FOR THE
POWAY CENTER FOR THE PERFORMING ARTS
Deputy Mayor McIntyre stated she had pulled this item from the Consent Calendar.
She had served with Councilmember Emery on the ad-hoc committee that prepared this
vision statement and feels some critical language was omitted from the second point.
She requested the words, "within available resources" be added to read: "Providing
balanced high quality programming, within available resources..."
Motion by Deputy Mayor McIntyre, seconded by Councilmember Emery to adopt the
Strategic Vision Statement for the Poway Center for the Performing Arts, as amended.
Motion carried 4-0 with Mayor Goldsmith absent.
ITEM 20 (1503-00)
REGIONAL GROWTH MANAGEMENT STRATEGY
Deputy Mayor McIntyre stated she had pulled this item from the Consent Calendar.
She presented several suggested additions to the Resolution Rejecting the Regional
Growth Management Strategy.
Motion by Councilmember Snesko, seconded by Councilmember Higginson to adopt
Resolution No. 92-074, entitled, "A Resolution of the City Council of the City of
Poway, Rejecting the Regional Growth Management Strategy," as amended by Deputy
Mayor McIntyre. Motion carried 4-0 with Mayor Goldsmith absent.
ITEM 21 (701-11
STATUS OF PENDING LEGISLATION
Deputy Mayor McIntyre stated she had pulled this item from the Consent Calendar
since she wishes to vote on staff recommendation on Item 1 (AB 3476) and Item8 (ACA
1).
Motion by Councilmember Emery, seconded by Councilmember Higginson to approve
positions on pending legislation, as follows: Oppose AB 3476, amendments to the
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Brown Act; Oppose AB 3213, allocations of Cigarette Tax Fund; Oppose SB 1711,
revisions to Community Redevelopment Law; Oppose AB 2473, reform of the fee
structure administered by the State Water Resources Control Board; Oppose AB 3060,
changes to the composition and functions of Local Agency Formation Commissions;
Oppose SCA 41, earmarking all increases in Vehicle License Fees for county mental
health and social service programs; Oppose AB 3700, revising Community Redevelopment
Law pertaining to project area committee formation and low and moderate income
housing development; support ACA 1, which will allow counties to impose sales tax
on real property; support AB 3689 which requires state agencies to develop an
integrated waste management program; support AB 3251 requiring proof of workers'
compensation insurance when applying for or renewing a business license; support
SB 1668, extending deadlines for submittal of integrated waste management plans.
Motion carried 4-0 with the exception of AB 3476 and ACA I with Deputy Mayor
McIntyre voting "no" on those two items.
ITEM 22
CITY MANAGER ITEMS
City Manager Bowersox announced that AB 2707 passed out of committee on unanimous
vote last week. This is the legislation written by Assemblywoman Tricia Hunter that
will make it easier for us to meet our low and moderate income housing goals.
ITEM 23
CITY ATTORNEY ITEMS
Ao
Assistant City Attorney Smith stated that the City Attorney had notified the
City Council that their action of May 5, 1992, adopting a Resolution
commencing eminent domain proceedings for the property at 13536 Poway Road was
null and void since it required a four-fifths vote. Since this action was
taken at a public hearing, any reconsideration must be done at another public
hearing.
Motion by Councilmember Emery, seconded by Councilmember Higginson to set a
public hearing for June 9, 1992 to reconsider the Resolution of Necessity.
Deputy Mayor McIntyre stated she would support the reconsideration in order
to move the process along. Motion carried 3-1 with Councilmember Snesko
voting "no."
Since the City Attorney was not present, the discussion of alternative means
of resolution of the dispute over whether the library use is prohibited in the
Longs Drug Store will take place on June 9, 1992.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24A.
24B.
Councilmember Emery asked that political signs strapped to trees in the public
right of way be relocated.
Councilmember Emery stated the graffiti needs to be removed from the old Post
Office at Hilleary and Midland Roads
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24C.
24D.
26.
27.
28.
Councilmember Emery stated he has noticed that some of the more remote areas
of South Poway are "party spots" on weekends and suggested more Sheriff
patrols.
Councilmember Emery stated neither he is nor his alternate can attend the MTDB
meeting this week and staff will attend and present his positions on certain
issues.
Councilmember Higginson requested monthly status reports of the Poway Road
west end improvements in order to answer questions from the public.
Deputy Mayor McIntyre commended staff for their working with Mike Morton and
the Brigantine Restaurant in such a cooperative manner. He was very
complimentary of the city and the staff.
Councilmember Snesko stated he had attended the ADAPT meeting and they will
be requesting all cities and school districts send letters to Sea World
protesting their providing free beer and selling candy and children's clothing
with beer logos.
ADJOURNMENT
Deputy Mayor McIntyre adjourned the meeting at 7:50 p.m., in memory of Daphne Eckis,
mother of City Attorney Steve Eckis, who died yesterday.
Marjor~e ~. Wahlsten, City Clerk
City of~O~ay
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