CC 1992 07-14 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 14, 1992
The July 14, 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.
COUNCILMENBERS PRESENT AT ROLL CALL
Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF NEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
City Manager
City Clerk
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
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 wishing to speak:
Kyle Everson, 14679 Evening Star, spoke in opposition to "fast tracking"
a ballot measure that would ban certain businesses.
Douglas Duke, 13812 Olive Mill Way, stated there was insufficient
security and traffic control at the July 4th fireworks at Poway High
School and, when asked, concurred to be a volunteer next year.
Councilmember McIntyre requested a written evaluation of the event for
the City Council.
Michael McFarland, 14455 Ipava Drive spoke regarding the recent increase
in sewer rates.
Howard Stacklin, 13149 Tobiasson Road, spoke regarding world economic
matters.
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Bill Rickles, 13725 Utopia Road, stated there are too many sites
proposed for the AH overlay in the south portion of Poway and suggested
there need to be more in north Poway. City Manager Bowersox stated the
Redevelopment & Housing Advisory Committee's report will be coming to
the City Council on August 4 and a copy will be provided to Mr. Rickles.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 88-14 ANNUAL REVIEW
APPLICANT: FIRST CHURCH OF CHRIST SCIENTIST
City Manager Bowersox stated the City had received a letter today from the
applicant requesting a continuance of this item. Representatives of the
church and neighbors who filed the complaint are both present this evening.
Garry Saylor, 16250 Avenida Florencia, stated the letter from the church
included in the agenda contained some untruths. He stated concerns
over lack of mitigation for noise and light, the height of the
proposed church, lack of an EIR, drainage problems and
sterilization of his soil by weed killers applied on the church
property.
Jim Farrar, 12815 Avenida la Valencia, stated concern over lack of
erosion control and lights from the church.
Keitha Walker, 14249 High Valley Road, representing the church,
requested a continuance to discuss the proposed realignment
of the pedestrian/equestrian easement.
Motion by Councilmember Emery, seconded by Councilmember Snesko to continue
consideration of Conditional Use Permit 88-14 annual review to August 25, 1992
and direct staff to meet with the residents and church officials. Motion
carried 4-0 with Councilmember Higginson absent.
CONSENT CALENDAR
City Manager Bowersox noted that Item 22 has been amended. Councilmember
McIntyre pulled Item 27.
Motion by Councilmember McIntyre, seconded by CoUncilmember Emery, to approve
the Consent Calendar as follows:
17.
19.
20.
Approval of Minutes - City Council:
June 16, 1992, Regular Meeting
June 23, 1992, Regular Meeting
Ratification of Warrant Registers for June 18 and 25, lg92. (401-10)
Approval of the acquisition of Hilleary Park right-of-way access from
Jeffries, Pagnini and Nunn in the amount of $37,000 with precise
location for access to the property from the north to be determined in
the future. (5609) (1002-01R)
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21.
Appropriation of $257,271 from SB 300 state grant funds for the Poway
Road west end improvement project. (5252) {602-01, #843}
22.
Acceptance of transportation improvement projects Quarterly Status
Report, as amended in Item 8. (1110-01)
23.
Award of bid for lgg2 citywide Traffic Striping/pavement Marking and
Pavement Marker Replacement to Traffic Operations, Inc. in the amount of
$55,570. (602-01, #g37)
24.
Award of bid for primary chemicals used at the water treatment plant to
the following: Jones Chemical, liquid chlorine @ $337.50 per ton;
General Chemical for alum ~ $140 per ton; and Van Waters & Rogers form
caustic soda @ $340 per ton and potassium permanganate at $1.38 per lb.
(601-03)
25.
Acceptance of public improvements and release of securities for
Tentative Tract Map 88-05, La Manda Estates, Gateway Poway Association,
applicant; located west of La Manda Road and north of Camino Del Norte.
(602-01, #728)
26.
Approval of settlement agreements with trash haulers: Bay Cities
Services, Coast Waste Management; Laidlaw; Mashburn Sanitation; and
Waste Management. (602-01, #936)
27.1
Rejection of all bids for the Poway Events Kiosk program and
authorization for staff to distribute new request for proposals.
(601-03)
Motion carried 4-0 with Councilmember Higginson absent.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a) to discuss pending litigation: Poway vs. Ohio Teachers Retirement
and Town & Country Shopping Center vs. Poway.
Mayor Goldsmith adjourned the meeting into closed session at 7:40 p.m.
CALL TO ORDER
Mayor Goldsmith called the meeting back to order at 8:10 p.m. with all
Councilmembers present except Councilmember Higginson who was absent from the
meeting and announced the City Council would take action on Poway vs. Ohio
Teachers Retirement under Item 5B, and gave the City Attorney direction
regarding Town & Country Shopping Center vs. Poway.
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ITEM 5A (1002-01R)
ACQUISITION OF LONGS DRUG STORE FOR LIBRARY
ENVIRONMENTAL ASSESSMENT
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Staff report byDirector of Planning Services Wright-Quastler. On
May 5, 1992 the City Council initiated the acquisition of the former Longs
Drug building for use as a new public library. The City received a letter
today from the attorney of the Town & Country Shopping Center owners objecting
to staff's recommendation of issuance of a Negative Declaration primarily due
to safety concerns. Staff has reviewed the letter and continues to recommend
issuance of a Negative Declaration because the concerns are not matters of
environmental impact.
Speaking in opposition to staff recommendation:
Howard Stacklin, 13149 Tobiasson Road
Steven Wall, 600 W. Broadway, #2600, Luce, Forward, Hamilton & Scripps,
attorneys for the owners of Town & Country Shopping Center
adjacent to this property.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to close
the public hearing and issue a Negative Declaration. Motion carried 3-1 with
Councilmember Snesko voting "no."
ITEM 5B 602-01, #939)
ACQUISITION OF PROPERTY
LONGS DRUG STORE FOR LIBRARY
Staff report by City Attorney Eckis. On June 12, lg92 a Complaint in
Condemnation was filed to acquire the Long Drug Store site. A negotiated
settlement calls for the Poway Redevelopment Agency to pay $1.6 million to
Ohio Teachers Retirement (OTR} with Longs Drug paying the City $400,000 for
surrender of their leasehold. OTR and Longs are requiring a hold harmless and
indemnification agreement against claims by third parties resulting from the
transfer or use of the property to the Agency. City Attorney Eckis stated he
has reviewed a suit filed by Town & Country Shopping Center and does not
believe it has a meritorious claim of action against Longs or OTR. The
lawsuit does not attempt to prevent the sale. Also, the damages alleged
appear to be repetitive, not cumulative. He also does not believe that the
indemnification agreement provides any additional exposure to the City/Agency.
He recommends the Council approve the settlement and authorize the City
Attorney to deliver documents to escrow conditioned upon the assignment by OTR
and Longs of their rights to the City/Agency and satisfaction of the City
Attorney regarding easement conditions and restrictions.
Councilmember Snesko expressed concern that the lawsuit filed will delay the
library and stated he is not in favor of this action.
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City Attorney Eckis stated the lawsuit, in the form filed, cannot delay the
library. Only the City Council could choose to delay the project.
Steven Wall, attorney for Town & Country Shopping Center, confirmed that the
dollars quoted by the City Attorney comprise the entire financial side of this
transaction, and, upon query by Mayor Goldsmith, stated they do not rule out
the use of arbitration to resolve the dispute.
Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to instruct the
City Attorney to explore arbitration with the Town & Country Shopping Center.
Following discussion, the motion and second were withdrawn.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to approve
the proposed settlement of the subject litigation on the terms and conditions
set forth in the staff report and by the City Attorney at this meeting;
authorize the City Manager to execute all documents necessary to effect the
settlement and acquisition; adopt Resolution No. 92-148, entitled, "A
Resolution of the City Council of the City of Poway, California Settling
Litigation and Approving the Acquisition of 13536 Poway Road (APN 317-130-
31)." Motion carried 3-1 with Councilmember Snesko voting "no."
Motion by Mayor Goldsmith, seconded by Councilmember Emery to direct the City
Attorney to continue to explore the use of arbitration to settle the lawsuit
with Town & Country Shopping Center. Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 6 (203-02)
TENTATIVE PARCEL MAP 92-02
APPLICANT: PARKWAY BUSINESS CENTRE PARTNERS
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a resubdivision of Lots 47, 48 and 49 of Map
12556 (TTM 87-13R), into two lots in the South Poway Business Park, located
south of Stowe Drive, northeast of Blaisdell Place, east of Danielson Street.
Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko, to close the
public hearing, find the previously certified EIR adequately addresses the
impacts and adopt Planning Resolution No. P-92-31, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Tentative Parcel
Map 92-02, Assessor's Parcel Numbers 318-810-20, 21, 22." Motion carried 4-0
with Councilmember Higginson absent.
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ITEM 7 (203-04)
VARIANCE 92-06
APPLICANT: STANDARD PACIFIC
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to allow the construction of a 195
square foot room addition to each of two separate single-family dwellings located
at 12837 Palisades Court and 14239 Palisades Drive. Both of the proposed
additions will observe a 16 foot side yard setback when 20 feet is required.
Staff recommends approval.
Speaking in opposition to staff recommendation:
Regis Fallon, 14229 Palisades Drive, presented copies of letters he had
written to Standard Pacific objecting to the addition next to his home.
He stated he was told when he bought his home that no changes would be
made to the adjacent properties
Shauna Fallon, 14229 Palisades Drive, stated the addition would obstruct
their view.
Speaking in favor of staff recommendation:
Dave Phares, Standard Pacific, 7290 Clairemont Mesa Blvd, San Diego,
stated it was a business decision to enlarge seven 3-bedroom homes that
have not sold. Five of the homes did not require variances and the
neighbor of the sixth did not object to the addition.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
McIntyre to close the public hearing and approve the variance for Lot 11 and deny
for Lot 17, and direct staff to prepare a resolution confirming this action for
July 21, 1992. Motion carried 4-0 with Councilmember Higginson absent.
ITEM 8 (203-21, SP 89-06)
CONDITIONAL USE PERMIT 89-10 MODIFICATION
APPLICANT: CITY OF POWAY (OLD POWAY PARK)
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a 705 square foot addition to the Hamburger
Factory, a 940 square foot patio with trellis, and 465 additional square feet
covered by a new porch at 14122 Midland Road. 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-92-32, entitled, "A Resolution
of the City Council of the City of Poway, California Approving a Modification to
Conditional Use Permit 89-10, Assessor's Parcel Numbers 314-202-16 through 30."
Motion carried 4-0 with Councilmember Higginson absent.
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ITEM 9 (701-04)
ORDINANCE NO. 365
PROHIBITING PICKETING OF PRIVATE RESIDENCES
Mayor Goldsmith opened the public hearing and read the title of Ordinance No.
365, "An Ordinance of the City of Poway, California, Adding Chapter 9.02 to
the Poway Municipal Code Prohibiting the Picketing of Private Residences."
Staff report by City Manager Bowersox. In 1988 the U.S. Supreme Court held
constitutional a local ordinance which prohibited picketing directed at a
single residence. Some years ago this issue came before the City Council and
it was raised again recently in a letter from the Poway Civic Association.
Staff has prepared an ordinance that would prohibit picketing the homes of
individuals within the community.
Speaking in favor of staff recommendation: Carl Kruse, 17187 Tam O'Shanter Drive
Bruce Tarzy, 15912 Ranch Hollow Road, stated his home has been picketed
because he is an OB\GYN who performs abortions
Mike Fry, 12819 Selma Court, Poway Civic Association
Lynette Perkes, 15832 Lime Grove Road
Larry Cruse, 13734 Utopia Road
Speakers stated they are not targeting the beliefs of individuals, but their
behavior, and harassment should not be allowed.
Speaking in opposition to staff recommendation:
Howard Stacklin, 13149 Tobiasson Road, stated an individual's freedom is
being taken away by this Ordinance.
Motion by Councilmember Emery, seconded by Mayor Goldsmith to hold first
reading and set second reading for August 4, 1992. Following some discussion
regarding the timing of this Ordinance coming just.before the election and
getting the City involved in the abortion battle which we have no part in,
Councilmember Emery and Mayor Goldsmith withdrew the motion and second.
Motion by Councilmember McIntyre, seconded by Councilmember Snesko to close
the public hearing, receive and file this report, and direct staff to continue
to monitor what other cities are doing in this area. Motion carried 4-0 with
Councilmember Higginson absent.
Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct
staff to bring this Ordinance back to the City Council following the November
election. The motion failed on a 2-2 vote with Councilmember Snesko and Mayor
Goldsmith voting "no."
Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct
staff to report back on this issue in six months and request direction from
the City Council. Motion carried 4-0 with Councilmember Higginson absent.
{Councilmember Snesko left the room at this time.}
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ITEM 10 (401-27)
CITY LIGHTING DISTRICT ASSESSMENTS
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. Assessments for the City Lighting District are proposed to remain
the same at $15.00 per unit in areas with direct benefit and $3.75 for areas
without direct benefit.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the
public hearing and adopt Resolution No. 92-149, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for the
Poway Lighting District to be Collected on the Property Tax Roll for Fiscal
Year 1992-93." Motion carried 3-0 with Councilmember Snesko out of the room
and Councilmember Higginson absent.
ITEMS 11, 12, 13 (701-04)
ORDINANCES NO. 362, 363, 364
ZONE CHANGES 92-01A, 92-01B, 92-01C)
Mayor Goldsmith read the titles of Ordinances No. 362, 363,and 364. Staff
report by City Manager Bowersox. These zone change ordinances had their first
reading on June 23, 1992 in connection with General Plan Amendment 92-01. ZC
92-01A changes 1.2 gross acres located south of Monte Vista Road near its
easterly terminus from RS-7 to CO, ZC 92-01B changes 16.29 acres located at
the northeast corner of Metate Lane and Pomerado Road from RS-1 to RS-7 and
OP-RM, ZC 92-01C changes 50.4 acres located in the southeast quadrant of the
intersection of Metate Lane and Montauk Street from OS to OS-RM and RR-A.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt
Ordinance No. 362 entitled,"An Ordinance of the City of Poway, California,
Changing the Zoning Classification of Certain Property (ZC 92-01A)," Ordinance
No. 363 entitled, "An Ordinance of the City of Poway, California, Changing the
Zoning Classification of Certain Property (ZC 92-01B)," and Ordinance No. 364
entitled, "An Ordinance of the City of Poway, California, Changing the Zoning
Classif(cation of Certain Property (ZC 92-01C)." Motion carried 3-0 with
Councilmember Snesko out of the room and Councilmember Higginson absent.
ITEM 14 (203-24)
MINOR CONDITIONAL USE PERMIT 89-13
CITIZEN COMPLAINT, 16466 BRONCO LANE
Staff report by City Manager Bowersox. In order for all parties to be fully
prepared, staff recommends this item be continued to August 4, 1992. Mr.
Baldwin, owner of the property, is preparing a written response to the
complaints from A1 Pappas, representative of the neighbors.
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Page 9- CITY OF POWAY - July 14, 1992
Motion by Councilmember McIntyre, seconded by Councilmember Emery to continue
consideration of this item to August 4, 1992. Motion carried 3-0 with
Councilmember Snesko out of the room and Councilmember Higginson absent.
ITEM 15 (102-OSR)
REDEVELOPMENT AGENCY BENEFIT RESOLUTIONS
ADOPTION POLICY
Staff report by City Manager Bowersox. As part of the settlement of the Smith
v. the Poway Redevelopment Agency lawsuit, the Agency was ordered by the
Superior Court to adopt policies and procedures to provide for the timely
adoption of benefit resolutions. Staff recommends adoption of the policy.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt
policies and procedures for the adoption of benefit resolutions. Motion
carried 3-0 with Councilmember Snesko out of the room and Councilmember
Higginson absent.
ITEM 16 (602-01, #16R)
GREGG STREET PUMP STATION REIMBURSEMENT
CF POWAY/AGENCY ACQUISITION AGREEMENT AMENDMENT
Staff report by City Manager Bowersox. Staff recommends an Amendment to the
First Amended and Restated Agency Acquisition Agreement to provide for the
acquisition of the Gregg Street Pump Station from CF Poway.
Motion by Councilmember Emery, seConded by Councilmember McIntyre to approve
the Amendment and adopt Resolution No. 92-150, entitled, "A Resolution of the
City Council of the City of Poway, California Determining that a Water Booster
Pump Station at the Gregg Street Reservoir in the Pomerado Business Park to be
of Benefit to the Paguay Redevelopment Project." Motion carried 3-0 with
Councilmember Snesko out of the room and Councilmember Higginson absent.
ITEM 27 (701-09)
HOUSING COMMISSION CHARTER
Councilmember McIntyre pulled this item from the Consent Calendar. Staff
report by City Manager Bowersox. Staff has prepared revised wording for the
Housing Commission Charter as directed by the City Council on June 30, 1992,
however, Council should also discuss changing the membership to no more than
three tenants since the City Attorney has stated it may not be possible for
tenants to vote on financial issues for any city-owned development. If there
were more than three tenants on the Commission it would hamper the
Commission's functioning. He also suggested that members not be appointed
until after the election.
Speaking in favor of staff recommendation:
David Rinaldo, 13035 Corona Way, President of the Poway Royal
Homeowners, suggested several additional changes to the Charter.
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Page 10 - CITY OF POWAY - July 14, lg92
Motion by Councilmember Snesko tO add an appeal process to the Charter. There
was no second.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to change
Section IV, Voting, to read, "Approval of any matter requires four affirmative
votes;" Section III, Membership, to state that no more than 3 members shall be
residents of city-owned developments; and that the Presidents of the Resident
Associations, or their designee, shall be invited to serve as ex officio
members; and that appointments won't be made until after the election. Motion
carried 4-0 with Councilmember Higginson absent.
ITEM 28
CITY MANAGER ITEMS
A)
City Manager Bowersox reported that AB 2707 passed out of the Housing &
Commun-ity Development Committee on July 1, 1992.
B)
City Manager Bowersox stated that the Wal-Mart Grand Opening would be on
August 4, 1992 and commended the Engineering Department for their prompt
resolution of the median alteration.
c)
City Manager Bowersox stated that our sales tax was up 15% in the first
quarter over the same period last year.
D)
City Manager Bowersox stated that the water consumption was up 1% over
the same period in 1989 and we are still under a voluntary 10%
reduction.
ITEM 29
CITY ATTORNEY ITEMS
City Attorney Eckis reported he had testified at the FPPC July 2 meeting and
the Commission had agreed to eliminate personal liability provisions for City
Attorneys and Filing Officers who give advice to filers.
MAYOR
30.
31A.
31B &
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery requested a report regarding how we can prevent
developers prohibiting horses in large lot subdivisions by CC&R's.
Mayor Goldsmith announced that Darwin Drake and Janet Shiba were
appointed to the Senior Issues Committee.
C. Mayor Goldsmith stated that these were appointments to be made by
Councilmember McIntyre, however since her term will expire in November
and she is not running for re-election, she has decided to not make
appointments that would only be for four months.
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33. Councilmember McIntyre requested the discussion of a Technology Watch
Informational Group be continued to July 21, 1992.
ADJOURNFIENT
Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 10:50
p.m.
Marjor~e l~. Wahl s , ' y erk
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