CC 1992 08-04 CZTY OF POWAY, CALIFORNZA
MZNUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 4, 1992
The August 4, 1992, regular meeting of the City Council of the City of
Poway, was called to order at 7:12 p.m., by Mayor Goldsmith at the Community
Center, 13094 Bowron Road, Poway, California.
COUNCILNENBERS 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
Mark Weston
Reba Wright-Quastler
Steve Streeter
David Narevsky
Patrick Foley
Pamela Colby
Janis Acosta
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Engineering Services
Director of Planning Services
Assistant Director of Planning Services
Redevelopment Manager
Principal Management Analyst
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
ITEM 3 (702-02)
MAYOR RESIGNATION AND APPOINTMENT
A)
City Attorney Eckis stated that, based on Mayor Goldsmith's announcement
at the July 21, 1992 meeting that he would resign at this meeting in order
for his seat to be filled at a special election on November 3, 1992, staff
has prepared various documents, including an Ordinance authorizing the
City Council to fill the vacancy until the election by appointment. Under
provisions of the Government Code, this Ordinance takes effect immediately
and does not require a second reading.
Motion by Councilmember Emery, seconded by Councilmember Higginson to
adopt Ordinance No. 366, entitled, "An Ordinance of the City of Poway,
California, Adding Section 2.24.030 to the Poway Municipal Code to Take
Effect Immediately Regarding Vacancies and Special Elections." Motion
carried unanimously on a roll call vote.
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Be
Mayor Goldsmith stated that because he is the Republican nominee for the
75th Assembly District in the November 3, 1992 election he was choosing to
resign and accept an appointment to fill the vacancy until the election in
order for the City to consolidate the special election with the general
municipal election at a savings of approximately $60,000. He turned the
gavel over to Deputy Mayor Mclntyre and left the dias.
C. City Clerk Wahlsten declared there is a vacancy in the office of Mayor.
Motion by Councilmember Emery, seconded by Councilmember Higginson to
adopt Resolution No. 92-157, entitled, "A Resolution of the City Council
of the City of Poway, California, Calling and Giving Notice of the Holding
of a Special Municipal Election to be Held on Tuesday, November 3, 1992,
for the Election of a Mayor for Remainder of a Four Year Term Which
Expires on November 8, 1994." Motion carried 4-0 with one vacancy.
Motion by Councilmember Higginson, seconded by Councilmember Emery to
adopt Resolution No. 92-158,, entitled, "A Resolution of the City Council
of the City of Poway, California, Requesting the Board of Supervisors of
the County of San Diego To Hold a Special Municipal Election on November
3, 1992, Pursuant to Section 2500 of the Elections Code." Motion carried
4-0 with one vacancy.
Fe
Motion by Councilmember Snesko, seconded by Councilmember Emery to appoint
Jan Goldsmith to fill the vacancy in the Office of Mayor until the special
election to be held November 3, 1992, in accordance with provisions of
Ordinance No. 366. Motion carried 4-0 with one vacancy.
City Clerk Wahlsten administered the oath of office to Jan Goldsmith and
he resumed his place at the dias.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
19.
Approval of Minutes - City Council:
June 30, 1992, Regular Meeting
July 14, 1992, Regular Meeting
21. Ratification of Warrant Registers for July 8 and 17, lg92 (FY lg91-92),
and July g, and 15, 1992 (FY 1992-93). {401-10)
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22.
Receive and file status report regarding Poway Motors, Inc. changing its
name to Richardson Pontiac-Buick-Oldsmobile and GMC Truck, Inc. and paying
for the purchase of property from the Redevelopment Agency in full rather
than in installments as stated in the amended Disposition & Development
Agreement. (602-01, #137R)
23.
Adoption of Resolution No. P-92-36, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Comprehensive Sign
Program 92-03, Assessor's Parcel Number 317-222-11," for the five building
complex located at 12300 through 12340 Stowe Drive, Poway Industrial Park
General Partnership, applicant." (203-15)
24.
Release of bonds and termination of Standard Agreement for Tentative
Parcel Map 89-02, Gelb; located north of Donart Drive, west of Tierra
Bonita Road. {602-01, #821}
25.
Authorization to transfer SB 90 funds received for firefighter personal
safety alarm devices to General Fund Revenue Account for expenditure.
(401-13)
25.1
Approval of the appropriation of $1,270 from the General Fund Reserve to
offset the Aquatics Division part-time salary account in FY 1991-92.
(205-04)
Motion carried unanimously.
ITEM 5 (203-25)
AFFORDABLE HOUSING OVERLAY
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Director of Planning Services Wright-Quastler explained the State
requirements for a Housing Element approved by the State's Department of Housing
and Community Development (HCD). This requirement is a result of the "Bergeson
Bill", SB 2774, which became effective January 1, 1992. The Housing Element must
identify adequate sites at densities "appropriate" to the development of housing
affordable to various income categories and have programs in place to encourage
such development in order to accommodate its regional share of housing as
determined by HCD from projections prepared by SANDAG. Poway's regional share
is 497 units of very low income, 368 units of low income and 454 units of
moderate income. The Council determined that an Affordable Housing (AH) overlay
attached to various properties rather than rezoning to densities suggested by HCD
would be more beneficial to our community.
City Attorney Eckis explained the consequences of not complying with the State
mandate in that the State could turn our land use powers over to a local court.
He stated that the City Council has sponsored AB 2707 in an effort to get more
flexibility in how we must comply. It would allow HCD to consider alternative
means, such as conversion of existing units to affordable housing, as meeting the
requirements rather than considering only new units.
In response to query from Councilmember McIntyre, City Attorney Eckis stated that
there is no requirement for the city to ensure that units are built, only that
land is designated.
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Tom Tremble, Chairman of the Redevelopment & Housing Advisory Committee, reviewed
the process the Committee had gone through to reach their recommendation of
thirteen sites brought to the City Council at this meeting.
Mayor Goldsmith made a proposal that only sites 28, 29 and 2 be given an AH
overlay with 28 and 29 being for very low income seniors and 2 being split with
50 units being very low income family and 36 being low income family. This would
give us enough units to meet the very low and low requirements and would put a
project in north Poway, south Poway and mid-Poway. Staff could then re-look at
the moderate sites and bring a recommendation back at a future meeting.
Speaking in opposition to the Committee's recommendation: Larry Cruse, 13734 Utopia
Randy Wilkins, 14617 Acton Court, representing Green Valley Civic
Association, Garden Road Association and Poway Civic Association.
Phil West, 12813 Selma Court
Steven Gold, 12851 Iola Way
Fran Davenport, 12256 Old Stone Road, member of the Redevelopment
Housing Advisory Committee, presented her minority report
Earl Knox, 12419 Paseo Colina
Robert Good, 12730 Soule Street
Nellie Good, 12730 Soule Street
Chris Hall, 12304 Bluewing Court
Steve Gyarmati, 12939 Creek Park
Portia Isaacson, 12722 Tustin Street
Bill Gillespie, 14230 York Avenue
James Zangerle, 12538 Robison Boulevard
Dave Greaney, 13520 Powers Road
Mike Pruitt, 12709 Roca Grande
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at g:25 p.m. and called it back to order at
9:35 p.m. with all Councilmembers present. Because of the difficulties with the
sound system, Mayor Goldsmith went out into the audience and explained his
proposal for the three AH sites, one north, one south and one central with the
moderate sites being referred back to staff.
Continuing to speak in opposition:
Joe Murdock, 12724 Roca Grande Drive
Don McKelvey, 13857 York Avenue
Helene Hannum, 13341Diversey Drive
Patricia LaPlante, 12930 Morene Street
Ginny Herrmann, 12545 Mustang Drive
Gabriel Sanchez, 12636 Metate Lane
Jim Shea, 12423 Paseo Colina, Southwest Poway Homeowners Association
Dave Pereyra, 12062 Pomerado Road
Jean Francis, 12861 Carriage Road
Joe Diaz, 12820 Montauk
Charles MacLauchlan, P.O. Box 12
Stephanie Follas, 13642 Midland Road
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Speaking in opposition (continued):
Bill Naucke, 14160 Peachtree Lane
Frank Ledesma, 12622 Pedriza Road
Earl Clampett, 12623 Pedriza Drive
Michael Crisp, 12646 Pedriza
Speakers objected to the number of sites in the southern portion of the city,
particularly in the southwest portion, including what the impacts on the schools
would be, and requested the Council "spread the wealth" with all areas of the
city; suggested the city not comply with the state mandate; questioned the
validity of the criteria and process used; requested the citizens be allowed to
vote on density for various sites.
City Attorney Eckis stated that the City cannot zone specific sites by ballot
measure.
Speaking in favor:
William Recht, 6570 Hillgrove Dr., San Diego, owner of site 14
Elaine Jeter, 17459 Tam O'Shanter
Philip Butzen, 12630 Monte Vista Road, stated he wants to form a non-
profit corporation to buy single family homes in North Poway for
the frail elderly and will need government assistance.
Michaeline Davidson, 14256 High Valley Road, supported Mr. Butzen's
statements
Doug Keyes, 6910-A Miramar Road, San Diego, owner of site 4
Gordon Meyer, 14302 Sandhill Road, member of the Committee
Neville Bothwell, 12729 Stone Canyon Road, part owner of site 1
Ralph Powers, 12916 Community Road, owner of site 7
Allen
Feldstein, 14682 Twin Peaks Place, Director of the Poway Valley
Senior Citizens Center
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 11:15 p.m. and called it back to order
at 11:30 p.m. with all Councilmembers present.
During Council discussion, all Councilmembers expressed support for Mayor
Goldsmith's proposal and agreed that the 13 recommended sites are not distributed
throughout all areas of the city as the criteria required. Councilmember
McIntyre pointed out that all the sites being proposed are currently zoned
commercial.
Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to adopt Resolution
No. 92-159, entitled, "A Resolution of the City Council of the City of Poway,
California, Attaching an Affordable Housing Overlay to Site 28, Located on the
North side of Gateway Park Road"; and Resolution No. 92-160, entitled, "A
Resolution of the City Council of the City of Poway, California, Attaching an
Affordable Housing Overlay to Site 29, Located at the Northeast Corner of Bowron
Road and Civic Center Drive." Motion carried unanimously.
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Motion byMayor Goldsmith, seconded byCouncilmember McIntyre to adopt Resolution
No. 92-161, entitled, "A Resolution of the City Council of the City of Poway,
California, Attaching an Affordable Housing Overlay to Site 2, Located on
Brighton Lane." Motion carried 4-0 with Councilmember Emery disqualified because
of a potential conflict of interest.
Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to close the public
hearing and continue consideration of site 15 as an alternate to Site 29 and
advertise site 27, which was on the Committee's "B" list, as an alternative to
Site 28, for a public hearing on September 1, 1992. Motion carried unanimously.
Susan Callery, 13065 Edina Way, member of the Redevelopment & Housing Advisory
Committee, stated that if the moderate sites were to be referred back to the
Committee, they needed more potential sites in North Poway to consider. Council
reiterated that this matter was being referred back to staff, however, citizens
or Councilmembers can suggest sites. City Attorney Eckis suggested that the
moderate sites come back to Council not later than the end of January since a
date certain is needed for HCD's timeline.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 85-03M(2)
DEVELOPMENT REVIEW 92-07
APPLICANT: JAMES HARRIS, TOWNSEND DODGE
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. On June 25, 1985 the City Council approved Conditional Use Permit 85-
03 for an expansion of the Poway Honda dealership. Construction was never begun
and the new owner is proposing to build a similar facility to be occupied by
Townsend Dodge. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing, issue a Negative Declaration, and adopt Resolution No. P-g2-37,
entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Modification to Conditional Use Permit 85-03M(2) and Development Review
92-07, Assessor's Parcel Number 323-190-68, 69." Motion carried unanimously.
ITEM 7 (203-04)
VARIANCE g2-O7/DEVELOPMENT REVIEW 92-01
APPLICANT; PARKWAY BUSINESS CENTRE PARTNERS. LTD.
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 59,078 square foot warehouse on Lot
14 and a portion of Lot 15 in Parkway Business Center between South Poway
Expressway and Danielson Street. Variances are requested to allow the building
to observe a 35 foot setback on South Poway Parkway, where a 50 foot setback is
required and to permit a 15 foot high crib wall where a 12 foot high wall is the
maximum permitted by the development standards. Staff recommends approval.
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There was no one present wishing to speak.
Motion by Councilmember McIntyre, seconded by Councilmember Higginson to close
the public hearing and adopt Resolution No. P-92-38, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Variance 92-07 and
Development Review 92-01, Assessor's Parcel Number 317-280-26 and 27." Motion
carried unanimously.
ITEM 8 (401-07)
AMBULANCE SERVICE FEES
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. The current fee for ambulance service was set in 1989 and is the
lowest in the County. The Budget Review Committee is recommending a change in
the structure to differentiate between resident and non-resident fees, with an
increase in both.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 92-162, entitled, "A Resolution of the
City Council of the City of Poway, California, Revising the Schedule of Ambulance
Service Fees and Rescinding Resolution No. 89-058." Motion carried unanimously.
ITEM 9 (402-05)
LANDSCAPE PLAN REVIEW & INSPECTION FEE
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. Staff has received a request from the Construction Industry Federation
to continue this item and staff recommends a continuance to August 25, 1992.
Motion byCouncilmember McIntyre, seconded byCouncilmember Higginson to continue
the public hearing regarding landscape plan review and inspection fees to August
25, 1992. Motion carried unanimously.
ITEM 10 (401-27)
TAX RATE FOR COMMUNITY FACILITIES DISTRICT 1
ITEM 11 (401-27)
TAX I~ATE FOR COMMUNITY FACILITIES DISTRICT 88-1
ITEM 12 (402-17)
FLAT RATE CHARGES FOR PROPERTY TAX ROLL
Mayor Goldsmith opened the public hearings. Staff report by City Manager
Bowersox. The tax roll contains certain items including community facilities
districts, sewer and water improvement districts, fire protection fees and
neighborhood loan programs. Staff proposes resolutions setting the tax rates for
these items.
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There was no one present wishing to speak.
Motion by Councilmember McIntyre, seconded by Councilmember Higginson to close
the public hearing and adopt Resolution No. 92-163, entitled, "A Resolution of
the City Council of the City of Poway, California, Setting the Special Tax Rate
and the Amount to be Levied on Property Within the South Poway Community
Facilities District No. i for Fiscal Year 1992-93," and Resolution No. 92-164,
entitled, "A Resolution of the City Council of the City of Poway, California,
Setting the Special Tax Rate and the Amount to be Levied on Property Within the
Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal Year
1992-93," and Resolution No. 92-165, entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing the Fire Protection Fees, Water
District Assessments and Street Improvement Assessments to be Collected on the
Property Tax Roll for Fiscal Year 1992-93." Motion carried unanimously.
ITEM 13 (203-24)
MINOR CONDITIONAL USE PERMIT 89-13
COMPLAINT RE USE OF GUEST HOUSE
Mayor Goldsmith stated the two parties in this dispute, Mr. Baldwin and Mr.
Pappas, have reached agreement in this matter and request a continuance to August
25, 1992 to present it to the City Council.
Motion byCouncilmember Higginson, seconded by Councilmember McIntyre to continue
this item to August 25, 1992. Motion carried unanimously.
ITEM 14 (702-12)
GENERAL MUNICIPAL ELECTION
MEASURE REGARDING ASPHALT PLANTS
Staff report by City Attorney Eckis. In accordance with Council direction at the
June 9, 1992 meeting, he has met with the Council subcommittee of Councilmembers
Emery and Higginson, and drafted an ordinance to be placed on the November 3,
1992 ballot which would require voter approval of any land use changes permitting
an asphalt plant in the South Poway Planned Community.
Speaking in opposition:
Larry Valente, 15925 Cumberland Drive
Speaking in favor:
Bruce Tarzy, 15912 Ranch Hollow Road
Councilmember McIntyre pointed out that there were citizens ready to circulate
an initiative petition to put this measure on the ballot and it was preferable
for the Council to draft it and place it on the ballot.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt
Resolution No. 92-166, entitled, "A Resolution of the City Council of the City
of Poway, California, Submitting to the Qualified Electors of the City an
Ordinance Requiring Voter Approval of Land Use Changes which would Permit an
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Asphalt Plant in the South Poway Planned Community," and Resolution No. 92-167,
entitled, "A Resolution of the City Council of the City of Poway, California,
Authorizing its Members to File a Written Argument or Arguments Regarding City
Measures and Directing the City Attorney to Prepare an Impartial Analysis."
Motion carried unanimously.
ITEM 15 (203-22R)
PROJECT AREA COMMITTEE
PAGUAY REDEVELOPMENT PLAN AMENDMENT
Staff report by City Manager Bowersox. The amendment to the Redevelopment Plan
is being prepared by staff. California Health and Safety Code Section 33385(a)
requires that the City Council form a Project Area Committee if a substantial
number of low and moderate income families are expected to be displaced. If not,
the City Council may determine that a PAC is not necessary and direct that an
alternative method be employed be inform and gain citizen input. Staff
recommends that the existing Redevelopment & Housing Advisory Committee fulfill
that function.
Motion by Councilmember Higginson, seconded by Councilmember Emery to adopt
Resolution No. 92-92-168, entitled, "A Resolution of the City Council of the City
of Poway, Finding that the Proposed Amendment to the Paguay Redevelopment Plan
will not Displace a Substantial Number of Low and Moderate Income Families and
Declaring there is no need to Form a Project Area Committee."
ITEM 16 (602-01, #145R)
POWAY SHARED HOUSING PROGRAM
Staff report by City Manager Bowersox. At the July 21, 1992 meeting, the City
Council continued this item to get additional information for the Council and to
allow the Redevelopment Agency's Special Counsel to respond to a letter from the
Legal Aid Society. Special Counsel has issued an opinion that the program is
being administered in conformance with California Community Redevelopment Law.
Staff recommends extension of the Shared Housing Program for another twelve
months.
Council expressed concern regarding the cost of the program in relationship with
the results, however, they agreed to give it another year to prove itself.
Motion by Councilmember Emery, seconded by Councilmember McIntyre to adopt
Resolution No. 92-169, entitled, "A Resolution of the City Council of the City
of Poway approving the Execution of an Agreement with Lifeline Community Services
for the Poway Shared Housing Program." Motion carried unanimously.
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ITEM 17 (1180-03)
LANDSCAPING AT METATE AND COMMUNITY
Staff report by City Manager Bowersox. At the July 21, 1992, meeting Bill Cross
requested the City provide landscaping along the slope at the northwest corner
of the intersection of Metate Lane and Community Road. It is anticipated this
will be completed ~hrough the Redevelopment Agency at a later date, possibly in
1993-94. The cost is estimated to be $50,000, including an irrigation system.
Willard Cross, 13105 Corona Way, requested a more prompt resolution to this
issue, citing the unsightliness of the area and the erosion problem.
Motion by Councilmember Emery, seconded by Councilmember Higginson to continue
this item to September 1, 1992 and requested staff look at something that could
be done sooner at lesser cost. Motion carried unanimously.
ITEM 18 (1180-03)
GRAFFITI'REMOVAL
Staff report by City Manager Bowersox. At the July 21 1992, meeting Susan
Callery raised questions regarding the City's graffiti removal process and about
the time required for removal of graffiti reported on Stone Canyon Road. Staff
recommends the City Council receive and file the report.
Council concurred to receive and file.
ITEM 26
CITY ATTORNEY ITEMS
City Attorney Eckis stated he did not need to hold either of the closed sessions
listed on the agenda.
ADJOURNMENT
Council concurred to reschedule the workshop scheduled for August 6, lg92.
Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned. The time of adjournment was 1:15 a.m.
Marjori~e K. Wahlsten, City ClerK
City
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