CC 1992 07-21 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 21, 1992
The July 21, 1992, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCXLMEMBERS PRESENT AT ROLL CALL
Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Mark Weston
Reba Wright-Quastler
Alan Archibald
Mark Sanchez
Steve Streeter
Yolanda Collins
Pamela Colby
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Senior Management Analyst
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 wishing to speak:
Bill Cross, 13105 Corona Way, asked about landscaping the triangle created
by the new intersection of Metate, Community and the entrance to Poway
Royal Mobile Estates. City Manager Bowersox stated staff will report back
on August 4, 1992.
2. Howard Stacklin, 1314g Tobiasson Road, spoke regarding water issues.
Ricki Peitchel, 12881 Indian Trail, reported on the recent achievements of
the United Poway Swim Club swimmers. (1180-11)
Russ Lane, 13635 Cynthia Lane, requested some recognition from the City
for the achievements of the United Poway Swim Club swimmers.
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Susan Callery, 13065 Edina Way, representing the Green Valley Civic
Association, stated there are increasing incidents of graffiti in the
north Poway area and expressed concern that it is not being removed
quickly enough. City Manager Bowersox stated staff will report back on
August 4, 1992.
ITEM ADDED TO AGENDA
City Attorney Eckis stated the need to appoint an additional alternate to SANDAG
arose during the 72 hours since the agenda was posted and requested the City
Council take action to add this item to the agenda, to be considered in
connection with Item 10.3. Motion by Councilmember McIntyre, seconded by
Councilmember Snesko to add appointment of an alternate to SANDAG to the agenda
and find that the need to act arose in the past 72 hours. Motion carried 4-0
with Councilmember Higginson absent.
CONSENTCALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register for June 30, lgg2.
(401-10)
12.
Denial of claim for damages: A) Lori Allen; B) Allstate Insurance/Jesse
Reyes. (704-13)
13. Approval of City's Investment Report for June 30, 1992.
(408-01)
14.
Approval of final map for Tentative Tract Map 89-03, La Paz Summit, Unit
II, Premium Investors, applicant, and direct its recordation; accept the
open space easement on Lots 29 and 30; accept general utility and sewer
easement as designated on the map; adopt Resolution No. 92-151, entitled,
"A Resolution of the City Council of the City of Poway, Ordering the
Expansion of Poway Landscape Maintenance Assessment District No. 86-02
with Written Consent of all Property Owners"; adopt Resolution No. 92-152,
entitled, "A Resolution of the City Council of the City of Poway,
Accepting the Dedication of a Certain One-foot Wide Strip of Land Lying
within City of Poway Tract No. 87-12, Map No. 12498: Silver Ridge Road";
adopt Resolution No. 92-153, entitled, "A Resolution of the City Council
of the City of Poway, Accepting the Dedication of a Certain One-foot Wide
Strip of Land Lying Within City of Poway Tract No. 2665-1, Map No. 6038:
Alora Street." (203-01)
15.
Acceptance of rehabilitation of swimming pools at Poway Royal Estates,
Poinsettia Senior, and Poinsettia Family Mobilehome Parks from Mission
Pools of Escondido. (602-01, #162R)
16.
Acceptance of reroofing buildings at Poway Royal Estates Mobilehome Park
from Roejack Roofing. (602-01, #163R)
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17.
Adoption of Resolution No. 92-154, entitled, "A Resolution of the City
Council of the City of Poway, California, Authorizing Access to Sales and
Use Tax Records Pursuant to Revenue and Taxation Code Section 7056," by
Hinderliter, deLlamas & Associates, independent contractor for the City
performing a sales tax audit. (602-01, #1)
18.
Accept bid withdrawal from Granite Construction for the 1992-93 Street
Maintenance Program and award of the contract to Daley Corporation in the
amount of $1,521,792.75; adopt Resolution No. 92-155, entitled, "A
Resolution of the City Council of the City of Poway, California
Determining that the Construction of the Community Road Reconstruction is
of Benefit to the Paguay Redevelopment Project"; appropriate $232,000 from
the Traffic Mitigation Fund for Pomerado Road resurfacing.
(602-01, #938)
19.
Adoption of the following positions on pending legislation: oppose AB
3476 and SB 1538 which are amendments to the Brown Act; and oppose SB 1711
which are revisions to the Community Redevelopment Law. (701-11)
19.1
Adoption of Resolution No. P-92-33, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Variance 92-06,
Assessor's Parcel Number 314-050-60 (Lot 11) and Denying Variance For
Assessor's Parcel Number 314-050-66 (Lot 17)," which confirms action taken
July 14, 1992. (203-04)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 4 (203-01)
TENTATIVE TRACT MAP 90-06
APPLICANT: DAR[OUSH PARN[AN!
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 16.9 acre site into eight single-
family lots at the north end of Eisenhower Avenue, north of Meadowbrook School.
This property is also on the list of recommended Affordable Housing Overlay sites
and the applicant has chosen to pursue two parallel courses of action at this
time. Staff has submitted a revised wording for condition regarding mitigation
for gnatcatcher habitat and recommends approval.
Speaking in opposition to staff recommendation:
Mike Fry, 12819 Selma Court, stated the amount of gnatcatcher habitat
mitigation needs to be greater since this property is part of the corridor
from Van Dam Peak to the Twin Peaks/St. Michael's area.
Charles Collins, 13905 Eisenhower Avenue, stated a concern regarding
potential traffic impacts since Eisenhower is a narrow street, but stated
he needed more information regarding what is being planned.
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Speaking in favor of staff recommendation:
John Leppert, 4380 Viewridge Avenue, San Diego, applicant's engineer,
objected to requirement for affordable housing set aside since their
project was originally submitted in November, 1990, more than a year
before Ordinance 350 was adopted and objected to cul-de-sac street light
requirement since these will be private streets with only 8 two acre lots.
David Cave, 14039 Halper Road, stated the Sierra Club should buy the
property if they are opposed to the project.
Patrick Mock, Ogden Environmental, stated this property is not a candidate
for preservation because the development surrounding it severely
compromises its long-term viability.
Darioush Pariniani, 55790 Bravo Court, San Diego, stated he feels the
quality of mitigation land provided is more important than the quantity
and he is endeavoring to purchase the land in Poway.
Councilmember Emery asked about the deviation from our two to one mitigation
policy that is being recommended in the revised report. Director of Planning
Services Wright-Quastler stated that staff proposed to take several factors into
consideration besides acreage. Following discussion and the information that
there is one pair of gnatcatchers living on the property, Council concurred that
the condition needs to be consistent with City policy with any deviation coming
back to the Council for approval.
City Attorney Eckis stated that since this project was in substantial
conformance, but not technically deemed complete since there were two minor items
not finished at the time the City Council adopted Ordinance No. 350, staff had
no choice but to include the affordable housing set aside as a condition.
Council, however, has the discretion to delete that.
Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to close the public
hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution
No. P-g2-34, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Tentative Tract Map 90-06, Assessor's Parcel Number 314-
060-03, 04; 314-131-07; 314-131-12," amended to delete requirement for affordable
housing set aside and cul-de-sac street lights, and require any deviation from
the standards set in P-gO-Sg be approved by the City Council. Motion carried 4-0
with Councilmember Higginson absent.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 92-01
APPLICANT: FOLSUM TENNIS ENTERPRISES
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to add lighting to a previously approved tennis
court located at 14438 Harvest Court. Staff recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-92-35, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 92-01, Assessor's Parcel Number 278-462-21." Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 6 (401-27)
WEED/NUISANCE/VEHICLE ABATEMENT
COLLECTION ON 1992-93 TAX ROLL
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. During the year monies are budgeted to allow the City to abate weeds,
vehicles, and public nuisances including illegal dumping and encampments.
Collection is made from the property owner either by direct billing, or on the
property tax roll. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Resolution No. 92-156, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving the Report Prepared for
Collection of Weed Abatement, Nuisance Abatement, and Vehicle Abatement Charges
on the County Tax Assessor's Roll for the year 1992-93." Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 7 (201-07)
COMMUNITY EMERGENCY PLANNING
Staff report by Administrative Battalion Chief Garry MacPherson. One of
Councilmember McIntyre's goals is to have every family in Poway prepared to be
self-sufficient for the first 72 hours following an emergency and the Fire
Department is working on this project, including a family preparedness fair
scheduled for September 19 in cooperation with the Red Cross.
Councilmember McIntyre commended Chief MacPherson for the thoroughness of his
report and suggested emergency kits be available for sale at the fair and classes
be offered through Community Services. She indicated she had conducted such
classes for the members of her church.
Council concurred to receive and file the report.
ITEM 8 (602-01, #145R)
POWAY SHARED HOUSING PROGRAM
Staff report by City Manager Bowersox. The Poway Shared Housing Program contract
with Lifeline Community Services was initiated on August 1, 1991 and will expire
on July 31, 1992. Staff recommends continuance of this program for an additional
year at a cost of $17,993 to be appropriated from the Agency's low and moderate
income housing fund. Correspondence was received before the meeting from the
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Legal Aid Society objecting to the use of low and moderate income housing funds
without additional controls.
Sharon Kibler, coordinator of the Program, was present and answered questions
from the City Council.
Council expressed concern regarding the small number of matches made this year
and discussed whether it justified the expenditure and requested specific
information regarding the matches and whether they are on-going.
City Attorney Eckis suggested that, although the Agency received an opinion from
their legal counsel prior to the commencement of the program regarding the use
of low and moderate-income funds, this item be continued to allow them to comment
on the letter from the Legal Aid Society.
Motion by Councilmember Emery, seconded by Councilmember Snesko to continue
consideration of this item to August 4, 1992. Motion carried 4-0 with
Councilmember Higginson absent.
ITEM g (602-01, #145R)
POWAY ROAD WEST END IMPROVEMENTS STATUS
ITEM 26B
DISCUSSION OF WALL HEIGHTS
Staff report by City Manager Bowersox. On May 12, 1992 Councilmember Higginson
requested monthly status reports of the Poway Road West End improvement project.
In addition, Councilmember Snesko scheduled a discussion of the wall heights on
this project for this meeting.
Director of Engineering Services Weston stated the wall is being built according
to approved plans, and the height was necessary in order to attenuate noise for
the homes that are elevated above street level. He showed the landscaping plan.
Council requested additional foliage coverage for the wall, where possible and
concurred to receive and file the status report.
ITEM 10.2 (1180-05)
COMMUNITY CONTRIBUTION
ORANGE CRUSH BASEBALL CLUB
Mayor Goldsmith took this item out of order since representatives were present.
Staff report by City Manager Bowersox. The Orange Crush Baseball Club, 1991
Continental Amateur Baseball Congress World Series champions have requested
funding assistance to attend the 1992 World Series in Dublin, Ohio. Staff
recommends a donation of $500.
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Motion by Councilmember Snesko, seconded by Councilmember McIntyre, to donate
$500 to the Orange Crush Baseball Club. Motion carried 4-0 with Councilmember
Higginson absent.
Chip Lyles, member of the team, thanked the City Council for their donation.
ITEM 10 (701-11)
STATEWIDE LEGISLATIVE ISSUES
POLICY FOR CITIZEN INVOLVEMENT
This policy was originally requested by Councilmember Higginson and since he is
absent, motion by Councilmember Emery, seconded by Councilmember McIntyre to
continue to August 25, 1992 when he will be present. Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 10.1 (1502-11)
ENVIRONMENTAL LICENSE PLATE FUND
Staff report by City Manager Bowersox. At the June 23, 1992 meeting, John
Anderson of the Department of Fish & Game addressed the City Council regarding
the State Budget Conference Committee's proposal to shift the California
Environmental License Plate Fund as part of the 1992-93 state budget. This would
jeopardize the funding for the Blue Sky Ecological Preserve. Councilmember Emery
requested a report regarding how the Environmental License Plate Funds are used.
Staff recommends the City Council receive and file the report.
Mayor Goldsmith stated a Friends of Blue Sky Ranch group has recently been formed
to set up a volunteer program which will include fund raising.
ITEM 10.3 (1503-02)
SANDAG/SOLID WASTE MANAGEMENT
Staff report by City Manager Bowersox. SANDAG's Board Meeting agenda for July
24, 1992 has issues regarding solid waste management. Councilmember Higginson,
Poway's representative, and Mayor Goldsmith, Poway's alternate will not be able
to attend the meeting. Staff recommends that Councilmember Emery be appointed
as a second alternate and that he be given direction to support SANDAG's staff
recommendation.
Motion by Councilmember McIntyre, seconded by Councilmember Snesko to appoint
Councilmember Emery as second alternate to SANDAG. Motion carried 4-0 with
Councilmember Higginson absent.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to accept
SNADAG's staff recommendations regarding solid waste management issues on their
July 24, 1992 agenda. Motion carried 4-0 with Councilmember Higginson absent.
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ITEM 10.4 (705-09)
TENTATIVE TI~ACT MAP 86-01
ACCEPTANCE OF LANDSCAPE IMPROVEMENTS
Staff report by City Manager Bowersox. The landscape improvements within the
Huntington Gate subdivision have been inadequately maintained by the developer
and staff recommends that the City Council accept the improvements and authorize
maintenance by the Landscape Maintenance District 86-1 and obtain additional
securities from the developer, Jimmie Lee Roberts. City Attorney Eckis stated
that the acceptance is not conditioned on the receipt of the securities.
Councilmember McIntyre asked if the LMD was paying for the developer's lack of
work. Director of Public Services Archibald stated the Landscape Maintenance
District Advisory Committee would be reviewing the process.
Motion by Councilmember Emery, seconded by Councilmember Snesko to authorize
Landscape Maintenance District 86-1 to begin maintenance of the LMD improvements
within TTH 86-01 and require additional securities from the developer. Motion
carried 4-0 with Councilmember Higginson absent.
ITEM 20
CITY MANAGER ITEMS
City Manager Bowersox announced that AB 2707 has passed out of the Assembly and
been sent to the Senate. Councilmember Emery requested a copy of the bill since
it has been heavily amended since its introduction.
ITEM 21
CITY ATTORNEY ITEMS
City Attorney requested a closed session pursuant to Government Code
§54956.9{a), pending litigation, Town & Country Shopping Center vs. Poway.
MAYOR
22.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery stated he and Councilmember Higginson had met with
City Attorney Eckis as authorized by the City Council on June 9, 1992 to
draft a measure for the November ballot regarding asphalt plants. They
decided to draft it very narrowly to apply only to asphalt plants in South
Poway and to operate like Proposition FF where an election would be
required before such a project could be approved. This will come to
Council on August 4, 1992.
Councilmember Emery requested a report regarding the landslide on Taunt
Place that was recently reported in the Times-Advocate. City Manager
Bowersox stated staff will report back on August 25, 1992.
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23.
Mayor Goldsmith announced he will resign his office on August 4, 1992, in
anticipation of being elected to the State Assembly in November. By
resigning now, the City Council can have an election to fill the vacancy
on November 3, 1992 and save the cost of a special election, estimated to
be $60,000.
25.
Councilmember McIntyre stated she feels the City should form a Technology
Watch-Informational Group {TWIG} to do some strategic long-range planning
in applying technology as infrastructure in order to improve citizen
access to government, and staff efficiency. Motion by Councilmember
McIntyre, seconded by Councilmember Emery to appoint Larry Cruse and
Louise Shaper as two members of a three member task force to work with
staff to draft a charter for the TWIG. Motion carried 4-0 with
Councilmember Higginson absent.
26A.
Councilmember Snesko stated that he has submitted a proposal for the
Christian Life Assembly Church to purchase two trailers to house the
homeless on their property. City Attorney Eckis has approved it. Motion
by Councilmember Emery, seconded by Councilmember Snesko to authorize
staff to begin discussions under the guidelines of the proposal submitted
by Councilmember Snesko. Motion carried 4-0 with Councilmember Higginson
absent. (208-03R)
Councilmember Snesko requested a list from staff of the trailer units
already sold, their wholesale price, sale price, and the buyer.
CLOSED SESSION
Mayor Goldsmith adjourned the meeting into closed session at g:55 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 10:29 p.m. and stated the
City Council had instructed the City Attorney during the closed session. Upon
motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith
ordered the meeting adjourned. The time of adjournment was 10:30 p.m.
Marjor~ie I~. Wahlsten, City Clerk
City o~way
4643