CC 1992 08-25
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 25, 1992
The August 25, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Steve Streeter
Yolanda Collins
Janis Acosta
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Assistant Director of Planning Services
Sheriff's Captain
Management Analyst
Mayor Goldsmith recognized Boy Scout Troop 607 who were present.
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:
1. Darwin Drake, 13309 Twin Circle Court, presented a petition requesting
relief from high sewer bills for low water users. Mayor Goldsmith noted
this item is scheduled for the September 8, 1992 meeting.
2. Earl Miller, 13606 Starridge Street, also spoke regarding need for lower
sewer rates for low water users.
CONSENT CALENDAR
Mayor Goldsmith stated that Item 21 has been pulled from the Consent Calendar by
the public. Motion by Councilmember Higginson, seconded by Councilmember Emery,
to approve the Consent Calendar as follows:
Page 2 - CITY OF POWAY - August 25, 1992
14.
15.
16.
17.
20.
22.
23.
24.
25.
26.
27.
28.
29.
30.
Approval of Minutes - City Council:
July 21, 1992, Regular Meeting
August 4, 1992, Regular Meeting
Ratification of Warrant Registers - July 22, 30, and August 7, 1992 for
fiscal year 1991-92 and July 23, 29, and August 6, 1992 for fiscal year
1992-93. (401-10)
Approval of City's Investment Report for July 31, 1992.
(408-01)
Approval of the First Amendment to the Old Coach Golf Estates Develop-
ment Agreement with Environmental Development, Ltd. (602-01, #830)
Approval of reimbursement of $5,000 to Ju-Min Ku and Fon-Chiu Mia Chen for
a 20 foot sewer easement from La Manda Drive to Malabar Drive.
(1001-02)
Appropriation of $2,600 from the capital replacement fund to repair
emergency rescue equipment. (401-13)
Approval of North Regional Zone Master Automatic Aid Agreement for Fire
and Rescue Responses with Rancho Santa Fe Fire Protection District.
(602-01, #943)
Removal of acceptance of public improvements and release of securities for
Tentative Tract Map 86-04, Midland Estates, from calendar.
(602-01, #768 & 784)
Release of warranty security for Tentative Parcel Map 17183, Vahidi,
located south of Donart Drive and east of Tierra Bonita Road.
(602-01, #468)
Acceptance of Lake Poway picnic area from James Flippen Engineering and
authorization to record a Notice of Completion. (602-01, #914)
Acceptance of 1991 citywide traffic striping/pavement marking for various
locations from Orange County Striping Services, Inc.
(602-01, #892)
Adoption of Resolution No. 92-170, entitled, "A Resolution of the City
Council of the City of Poway, California, Respecting Authorized Officers
Designated to Execute Public Securities, Instruments of Payment, and
Investments on Behalf of the City and Rescinding Resolution No. 92-014."
(403-04)
Designation of Councilmember Emery as delegate to the League of California
Cities Annual Conference with City Manager Bowersox as the alternate.
(1503-22)
Award of bid for the construction of Lake Poway Concession building roof
addition and repairs to Martin Resnik Construction in the amount of
$21,640 (1649). (602-01, #944)
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31.
Approval of the following positions on pending legislation: support the
provision within AB 2409 which would add Section 1463.007 to the
California Penal Code enabling counties to recover costs for implementing
enhanced collection programs; continue to support AB 3689 which would
promote waste stream reduction by State agencies; and receive report of
January 1, 1993 effective date for AB 2274 which permits public agencies
to establish a returned check charge to recover actual costs incurred.
(701-11)
32.
Receive and file status report of Poway Road West End Improvements.
(602-01, #161R)
33.
Approval of a Memorandum of Understanding with McMillin Equity Partners
II, concerning the Development Agreement in connection with Tentative
Tract Map 88-04R as it pertains to the map time extension and timing of
payment of sewer fees. (602-01, #874)
Motion carried unanimously.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 88-14
APPLICANT: FIRST CHURCH OF CHRIST SCIENTIST
Staff report by Director of Planning Services Wright-Quastler. This was
continued from July 14, 1992, to allow time to resolve various issues raised by
area residents including the church lights; erosion of drainage swale banks; wood
fence ineffectiveness; environmental impacts; proposed building height; trash
collection noise; reported herbicide application rendering soil sterile; location
of required pedestrian/equestrian trail; and projected project completion. Staff
met with church and neighborhood representatives and believe issues are resolved.
They anticipate completion by fall of 1993 which will be the time of the next
annual review. Staff recommends continuance of Conditional Use Permit 88-14.
Speaking in opposition to staff recommendation:
Jim Farrar, 12815 Avenida la Valencia, stated the church has installed a
new temporary blue light in front of the church that has been left on all
night. He commended Director of Planning Services Wright-Quastler for the
meeting she had moderated between the church and the residents.
Speaking in favor of staff recommendation:
Keitha Walker, 14249 High Valley Road, church representative
Beverly Wassell, 18718 Olmeda Place, San Diego, church representative
Frank Halferty, 11744 Caminito Corriente, San Diego, church
representative
Roberta Alford, 281 Fire Mountain Place, Escondido, church representative
The church representatives emphasized their desire to work with the neighbors.
Council discussion included the suggestion that the church provide the residents
with phone numbers of church members living nearby that could control the lights
when the timers malfunction.
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Motion by Councilmember Snesko, seconded by Councilmember Emery to close the
public hearing and allow CUP 88-14 to remain in effect with a possible minor
modification to the site design if it is determined that the drainage swale as
presently designed cannot be repaired to meet City standards. Motion carried
unanimously.
ITEM 5 (402-05)
LANDSCAPE PLAN REVIEW AND INSPECTION FEE
Staff report by City Manager Bowersox. This item was continued from August 4,
1992 at the request of the Construction Industry Federation. A meeting was held
with the CIF on August 11, 1992, however staff recommends continuance to October
6, 1992, to allow time for additional meetings.
Motion by Councilmember Higginson, seconded byCouncilmember McIntyre to continue
consideration of landscape plan review and inspection fee to October 6, 1992.
Motion carried unanimously.
ITEM 6 (602-01, #942)
REIMBURSEMENT AGREEMENT FOR WATER LINE
APPLICANT: CF POWAY, LTD.
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. A waterline was installed in South Poway by the developers of Pomerado
Business Park (CF Poway, Ltd.) to serve McMillin Communities Rolling Hills
Estates. Reimbursement from McMillin Equity Partners II has been requested by
the applicant and staff recommends approval of the Reimbursement Agreement.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing and approve the Reimbursement Agreement for recording. Motion
carried unanimously.
ITEM 7 (203-14)
VARIANCE 92-08/DEVELOPMENT REVIEW 92-09
APPLICANT: DOMINY CECIL ASSOCIATES
Mayor Goldsmith opened the public hearing. City Manager Bowersox stated the
applicant has requested a continuance to September 8, 1992 for a variance and
development review for a two-story medical office building at 12750 Gateway Park
Drive.
Motion by Councilmember Snesko, seconded by Councilmember Higginson to continue
consideration of this item to September 8, 1992.
Councilmember Emery expressed concern that this property was designated for the
AH overlay on August 4, 1992 and approval of a commercial project at this time
would remove this property from the inventory of property that could be used for
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Page 5 - CITY OF POWAY - August 25, 1992
housing. He requested the motion include direction to the City Attorney to
prepare an urgency ordinance that would preserve this property for affordable
housing because of the emergency put on us by the State.
Earl Clampett, 12623 Pedriza, and Frank Ledesma, 12622 Pedriza, stated opposition
to requiring that this property be developed with affordable housing since the
public has been told that the overlay did not affect the current zoning and the
owner could develop with the existing zoning.
Council noted that the inventory of developable land in the community is very
limited and the State has put us in a difficult position. We are making every
effort to comply with their regulations and need to keep options open.
Councilmembers Snesko and Higginson concurred to amend their motion as requested
by Councilmember Emery. Motion carried unanimously.
ITEM 8 (401-27)
BOND INTEREST AND REDEMPTION/92-93
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. In order to have the bond principal and interest for fiscal year 1992-
93 collected on the tax roll, it is necessary for the City Council to approve the
rates for the bond issues and to notify the County of San Diego of the amount to
be levied. There are two existing General Obligation Bond issues, the Poway
Sewer Improvement District and the Poway Municipal Water District. Staff
recommends adoption of a rate of $.00821 for the sewer and $.06059 for the water.
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. 92-171, entitled, "A Resolution of the
City Council of the City of Poway, California, Estimating the Amount Necessary
to be Raised by Taxation for the Fiscal Year 1992-1993 for Improvement Districts
of the City Formerly Known as Poway Municipal Water District and Pomerado County
Water District." Motion carried unanimously.
ITEM 9 (203-01, TTM 4191-3R)
SURFICIAL SLOPE FAILURE/RANCHO ARBOLITOS
Staff report by City Manager Bowersox. A surficial sloughage occurred on a
hillside in Rancho Arbolitos above existing homes on Taunt Place. This downslope
movement has taken place in an open space easement. Staff has met with the
parties and all agree there needs to be a geotechnical study to determine the
cause of the earth movement and what remedial work is needed. Staff recommends
appropriation of $14,780 for Group Delta Consultants, Inc. to perform such a
study.
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve
staff recommendation.
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Councilmember McIntyre expressed a concern that since the city is not liable nor
responsible for the failure we should not commit city funds to solve the problem.
She suggested that this be considered a loan and that the party determined to be
liable reimburse the city for the costs.
City Attorney Eckis stated the motion could be amended to reserve the right to
recover the costs. Councilmembers Higginson and Emery concurred.
Ken Given, 12557 Taunt Place, presented photographs of the sloughage and stated
the City had given him the run around and should bear some of the responsibility.
Motion carried unanimously.
ITEM 10 (701-11)
CITIZENS' INVOLVEMENT IN LEGISLATIVE ISSUES
Staff report by City Manager Bowersox. In response to Council direction, staff
has prepared a policy that would invite citizen group involvement in statewide
legislative issues that impact them. Councilmember Higginson noted that many of
the homeowners associations listed fall under the umbrella of the Green Valley
Civic Association and suggested GVCA could contact them.
Larry Cruse, 13734 Utopia Road, endorsed the concept of citizen involvement.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt the
Policy to Establish Local Citizen Group Involvement in Statewide Legislative
Issues, and directed staff to streamline the list of organizations and hold a
meeting with group representatives to explain the program. Motion carried
unanimously.
ITEM 11 (203-24)
MINOR CONDITIONAL USE PERMIT 89-13
COMPLAINT RE USE OF GUEST HOUSE
(Councilmembers Emery and Snesko left the room.)
Staff report by City Manager Bowersox. This was continued from August 4, lgg2,
since the Baldwins, their neighbors and the Silver Saddle Homeowners Association
have reached an agreement in principle and are working to complete a written
agreement. Staff recommends continuance to September 15, 1992.
Motion byCouncilmember Higginson, seconded by Councilmember McIntyre to continue
this item to September 15, 1992. Motion carried 3-0 with Councilmembers Emery
and Snesko out of the room.
(Councilmembers Emery and Snesko returned to the meeting.)
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ITEM 12 (602-01, #839)
MEMORANDUM OF UNDERSTANDING
DEVELOPMENT OF ALTERNATE 8A
Staff report by City Manager Bowersox. A Memorandum of Understanding concerning
the development of Alternate 8A (Scripps Poway Parkway) was entered into on
December 11, 1990, between the City of Poway, Poway Redevelopment Agency and the
City of San Diego. During the course of eminent domain litigation, San Diego and
Poway negotiated Amendment No. 1 to the MOU which adds Sections g through 13
regarding funding. The City of San Diego has approved the amendment and staff
recommends approval.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to approve
the Amendment No. 1 to Alternate 8A Development Agreement Memorandum of
Understanding of December 11, 1990. Motion carried unanimously.
ITEM 13 (203-07)
TEMPOI~ARY USE PERMIT 92-45
FARMERS' MARKET IN OLD POWAY
Staff report by City Manager Bowersox. On June 30, 1992, the City Council
directed staff to send requests for proposal to two potential managers for a
farmers' market to be held in the Old Poway area. One proposal was received from
Mark and Suzanne Bendixen who are managing the markets previously managed by
Dwight Stoll. Staff recommends approval.
Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt
Resolution No. P-92-39, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Temporary Use Permit 92-45" for the Old Poway
Farmers' Market to be held each Saturday morning from 8:00 a.m. until noon on the
vacant property immediately south of Old Poway Park; appropriate $2,000 as a loan
to the market for start-up/publicity costs to be repaid out of future years'
profit; authorize the City Manager to enter into a contract with Mark and Suzanne
Bendixen to manage the market, a contract with Group/JC to advertise and promote
the market, and an agreement with Leon Parma for use of a site. Motion carried
unanimously.
ITEM 21 (203-08)
CONDITIONAL USE PERMIT 89-05
ANNUAL REVIEW/CAL MAT
Mayor Goldsmith stated that this item was pulled from the Consent Calendar bythe
public. Staff report by City Manager Bowersox. The conditions of approval for
the reclamation plan and the conditional use permit require an annual review of
the CalMat-Poway aggregate extraction and processing operation. The time certain
items have been completed and other items are contingent on their operation. The
operation is currently inactive. Staff recommends the City Council receive and
file this report.
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Speaking in opposition to staff recommendation:
Betty Rexford, 11570 Creek Road, stated the gates on Creek Road are not
being kept closed and locked.
Council concurred to receive and file the report with this one additional
complaint regarding the gates.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
Mayor Goldsmith stated that since several people were present to hear the
discussion on Item 40B he would move that up.
4OB.
Councilmember Snesko stated he and Charles MacLauchlan have met with
representatives from Wet 'n Wild following reports that the City of Santee
had turned them down. They were favorably impressed with a proposed
location in South Poway, formerly considered for Raging Waters. He cited
the advantages of bringing Wet 'n Wild to Poway, including youth
employment and revenue. George Milay, owner of Wet 'n Wild is coming to
Poway on September 29 to look at the site.
Motion by Councilmember Snesko to direct staff to contact George Milay to
negotiate a proposal, and to contact CalTrans to inquire about a direction
sign on 1-15 if Wet 'n Wild is constructed. There was no second.
Council stated that there is no application to consider and there is a lot
of information needed before we would know if we wanted to commit
Redevelopment Agency funds to this type of project. Councilmember Emery
stated approval of this type of project would change the current policies
of the city and we need to really decide if we want to get into the
entertainment business.
Speaking in opposition to the project:
Betty Rexford, 11570 Creek Road, expressed concern over traffic and
fiscal impacts and asked what the implications of the zoning and
General Plan would be.
Jim Shea, 12423 Paseo Colina, asked about the sale of alcohol,
security, opening and closing times, and use of the property during
the off-season.
Mike Fry, 12819 Selma Court, asked about the cost of attendance.
Jean Haynes, 13327 Alpine #12, expressed concern over increased
traffic on Community Road.
Randy Wilkins, 14617 Acton Court, suggested a pre-development
conference.
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Following discussion, motion by Councilmember McIntyre, seconded by
Councilmember Snesko to reaffirm the Council's willingness to consider a
proposal and authorize staff to begin a dialogue and gather information to
answer the questions from the public and the Council. She emphasized that
this motion is making no commitments nor does it preclude discussion on
any issue. Motion carried 4-1 with Councilmember Emery voting "no."
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 9:32 p.m. and called it back to order at
9:42 p.m. with all Councilmembers present.
ITEM 35
CITY ATTORNEY ITEMS
A)
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, Town & Country Shopping Center vs. City
of Poway.
B)
City Attorney Eckis requested a closed session pursuant to Government
Code §54956.9(a), pending litigation, Vasquez vs. City of Poway.
MAYOR
36A.
36B.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery stated that as MTDB representative he had received a
request from the City of La Mesa to continue support of the East Mission
Valley trolley line which would extend from the Fashion Valley shopping
center area to La Mesa. He expressed concern regarding the economic
viability of this segment and would only support it if the cost was not
detrimental to the construction of other routes, particularly 1-15.
Council concurred and requested Councilmember Emery draft a letter for
Council consideration.
City Manager Bowersox pointed out that MTDB staff will be making a
presentation at the September 8, 1992, City Council meeting. Council
requested the meeting' start at 6:30 p.m. and the presentation could be
from 6:30 to 7:00 p.m.
Councilmember Emery asked when the second unit ordinance would be coming
to Council. Director of Planning Services Wright-Quastler stated the
target date is September 29.
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Page 10 - CITY OF POWAY - August 25, 1992
36C.
37.
38.
39.
40A.
40C.
4OD.
Councilmember Emery asked about the banner signs that are appearing on the
back side of the shops in the Von's Center, facing the Wal-Mart parking
lot and suggested a sign program be approved for that wall of the Town &
Country Shopping Center. Director of Planning Services Wright-Quastler
stated that this would require an amendment of the Comprehensive Sign
Program and there is a dialogue going on with the Center's representatives
but no agreement has been reached.
Mayor Goldsmith stated he has received a request from the Poway Auto
Dealers' Association for a workshop regarding signage. He requested that
this request be put on the agenda for September 8th as he will be absent
from the September 1st meeting.
Councilmember Higginson stated that the xeriscape garden installed at
Valle Verde Park is weeds and the neighboring owners have requested the
City Council again consider installing a basketball or tennis court there.
Council concurred to refer this to the Parks & Recreation Committee for
consideration.
Councilmember McIntyre requested a status report on the Poway Creek
footbridges.
Councilmember Snesko made a motion, seconded by Councilmember McIntyre to
delay implementation of a program for financial sponsorship of the city's
landscaped areas until after the election. Motion carried unanimously.
Councilmember Snesko made a motion to ask the City of San Diego to not
install an additional traffic signal on Poway Road at their new shopping
center, stating it was not needed and will further impact traffic on Poway
Road. There was no second. City Manager Bowersox pointed out that the
traffic signal is a mitigation measure in their EIR for traffic impacts.
Director of Engineering Services Weston stated that they are working with
San Diego to get all the signals on Poway Road programmed with our traffic
synchronization computer program. Council suggested that Councilmember
Snesko contact San Diego Councilman Tom Behr if he wants to explore this
further.
Motion by Councilmember Snesko, seconded by Councilmember Higginson to
increase the reward to $2,500 for information leading to arrest and
conviction of person or persons responsible for the destruction of windows
at the Poway Center for the Performing Arts. Motion carried unanimously.
CLOSED SESSION
Mayor Goldsmith adjourned the meeting into closed session at 10:12 p.m.
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Page 11 - CITY OF POWAY - August 25, 1992
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 10:3g p.m., and stated the
City Council had instructed the City Attorney during closed session. Upon motion
by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith
ordered the meeting adjourned to 4:30 p.m., Thursday, August 27, lgg2. The time
of adjournment was 10:40 p.m.
Marjorie K. Wahlsten, City Clerk
City of Poway
4663
NOTICE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 25, 1992,
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS
FOLLOWING ORDER:
REGULAR MEETING OF THE CITY
ADJOURNED PURSUANT TO THE
Dated:
ORDER OF AD3OURggENT
Upon motion by Councilmember Higginson,
seconded by Councilmember McIntyre, Mayor
Goldsmith ordered the meeting adjourned to
4:30 p,m,, Thursday, August 27, 1992
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 10:40 p.m.
Marjor~e )~. Wahlsten, City Clerk
City o~_~ay, California
August 26, 1992
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the
above notice was posted on or near the door of the City Council Chambers, the
place designated for regular meetings of the City Council meetings at approxima-
tely 10:00 a.m.
Dated at Poway, California, on August 26, lg92
jor~e ~. Wahlsten, City Clerk
City o~tay, California