CC 1992 09-08 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR NEETING
SEPTEHBER 8, 1992
The September 8, 1992, regular meeting of the City Council of the City of
Poway, was called to order at 6:35 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
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Alan Archibald
Steve Streeter
Yolanda Collins
David Narevsky
Patrick Foley
Penny Riley
Mike Robinson
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
Assistant Director of Planning Services
Sheriff's Captain
Redevelopment Manager
Principal Management Analyst
DART Coordinator
Traffic Engineer
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
ITEM 3 (1503-26)
MTDB RE POWAY TRANSIT NEEDS STUDY
Item introduced by City Manager Bowersox. Director of Community Services Thomas
introduced Dave Schumacher, Metropolitan Transit Development Board Project
Manager, who stated that the MTDB Executive Board had released the Poway Transit
Heeds Study for public comment on August 20, 1992. Rick Pilgrim of BRW, Inc. who
had prepared the report reviewed it for the City Council.
Council concurred a transit center next to the library would be not desirable and
suggested the Powers property on Community Road, south of the Creek, be
considered and referred the study to staff for a formal written response.
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PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Howard Stacklin, 13149 Tobiasson Road, spoke about affordable housing.
CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Councilmember Snesko, to approve
the Consent Calendar as follows:
10.
Ratification of Warrant Registers for August 20 and 21, 1992 for both
1991-92 and 1992-93 fiscal years. (401-10}
11.
Adoption of Resolution No. 92-173, entitled, "A Resolution of the City
Council of the City of Poway, California Approving a Road Name Change from
South Poway Parkway/Scripps North Parkway to Scripps Poway Parkway."
(1110-07)
12.
Approval of final map for Tentative Tract Map 89-01, Kadon Ranch, Don
Mechling, applicant; located immediately south of the intersection of
Millards Road and Millards Ranch Lane; and adoption of Resolution No. 92-
174, 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." (203-01)
13.
Adoption of Resolution No. 92-175, entitled, "A Resolution of the City
Council of the City of Poway, Ordering the Vacation of a Water and
Drainage Easement Located Within Lot 11 of City of Poway Tract No. 4090-R,
Map Thereof 11360 Recorded in the Office of the County Recorder of San
Diego County on October 24, 1985 (Vacation 92-05}," at the intersection of
Country Day and Blue Sage Roads. (1002-06)
14.
Approval of Landscape Maintenance Agreement between the City of Poway and
the Corporation of the Presiding Bishop of the Church of the Latter Day
Saints for property at the southeast corner of Twin Peaks and Espola Roads
within Landscape Maintenance District 86-1. {602-01, #948)
15.
Release of monument bond for Tentative Tract Map 4185, Sunrise Ranch,
Thomas F. Lennon, custodian; Poway Residential Properties, applicant;
located on Poway Road between Espola Road and Ipava Drive.(602-01, #362)
16.
Release of grading security for St. Bartholomew's Church, G-702-90;
located on the west side of Pomerado Road, south of Avenida la Valencia.
(405-09)
17.
Approval of the appointment of Eugenia Keefer of the New West Ballet to a
one year term on the Performing Arts Advisory Committee as the nominee of
the community users groups. {701-09}
18. Denial of claim for damages for Samir Semaan.
(704-13)
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19. Award of bid for purchase of new modular office trailer at the Water
Treatment Plan to Modular Concepts in the amount of $14,232. (601-03)
20.
Award of bid for construction of Bowron Road Storm Drain to J.E. Brokaw &
Sons in the amount of $224,939; appropriate $65,000 from the Drainage Fund
to provide additional funding; reject the low bidder, Pacific West
Contractors, due to errors in bid. (1415) (602-01, #949)
Motion carried unanimously with Councilmember Mclntyre disqualifying herself on
Item 14.
ITEM 5 (701-04)
MORATORIUM ON DEVELOPMENT OF PROPERTY
DESIGNATED WITH AFFORDABLE HOUSING OVERLAY
Mayor Goldsmith read the title of the proposed Ordinance, "An Interim Ordinance
of the City of Poway, California, Declaring a Partial Moratorium on Development
of Property Designated With Affordable Housing Overlay and Declaring the Urgency
Thereof."
Item introduced by City Manager Bowersox. On August 25, 1992, the City Council
instructed the City Attorney to draft an urgency ordinance which would preclude
development of any AH site except as affordable housing while a study is
conducted and possible amendment of the General Plan and Zoning Ordinance is
considered. City Attorney Eckis noted this requires a 4/Sths vote for adoption,
becomes effective immediately, and requires no second reading.
Speaking in opposition:
Rev. Laverne Joseph, 401E. Ocean, Suite 300, Long Beach, CEO of
Retirement Enterprises, Inc., owner of Site 28 which was given an AH
overlay on August 4, 1992 and subject of Item 6 on this agenda
Robert Amberg, 401E. Ocean, Suite 300, Long Beach, attorney for REI
Allen Haynie, Latham & Watkins, 701B Street, Suite 2100, San Diego,
representing REI
William Schwartz, Worley, Schwartz, Garfield & Rice, 401B Street, San
Diego, representing the buyers of Site 28. He requested a pipeline
exception
Lewis Dominy, 2150 W. Washington, San Diego, architect for the medical
office building proposed under Item 6. He stated they have received
bids and are ready to pull building permits.
Ted Fejeran, 2456 Canyon Creek Road, Escondido, representing the buyer of
Site 28.
Gene Harris, 15876 Bent Tree Road, commercial real estate agent
representing the buyer and seller on Site 28.
Johnny Dollar, 343 W. Palm Avenue, #4, E1Cajon, buyer of site 28
Donald Worley, Worley, Schwartz, Garfield & Rice, 401B Street, San
Diego, representing the buyer of Site 27, Item 6.2 on this agenda.
Virgil Opfer, 13526 Willow Run Road, owner of Site 29 which was given an
AH overlay on August 4, 1992
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Richard Huber, 14247 Jerome Drive, co-owner with Virgil Opfer
Betty Huber, 14247 Jerome Drive, co-owner with Virgil Opfer
Earl Clampett, 12623 Pedriza Drive
Frank Ledesma, 12622 Pedriza Road
Speakers stated the AH overlay was always presented as an option for a property
owner, not a requirement, and this moratorium would be a financial hardship where
projects are ready to proceed.
Councilmember Emery stated that at the August 4, 1992 meeting, he was unaware
there was a project ready to proceed on Site 28 and if we are to lose this site
to commercial development the Council needs to be looking at other sites.
Councilmember McIntyre stated the AH overlay meets the spirit and letter of the
law in that it "provides an opportunity" for development of low income housing.
Motion by Councilmember Snesko, seconded by Councilmember McIntyre to not adopt
the Ordinance; direct staff to meet with the owners and/or buyers of properties
with the AH overlay and explain the financial opportunities of developing low or
moderate-income housing to determine their interest; report back to Council and,
if needed, suggest other North Poway sites for the AH overlay; prepare a General
Plan Amendment to establish an AH zone that could be used in certain instances.
Motion carried unanimously.
ITEM 6 (203-14)
DEVELOPMENT REVIEW 92-09
APPLICANT: DOMINY CECIL ASSOCIATES
Staff report by City Manager Bowersox. This is a request for approval of a
development review for construction of a two story, 53,000 square foot office
building which is a reinstatement of Development Review 89-31 at 12750 Gateway
Park Drive. Staff recommends approval.
Speaking in favor of staff recommendation: Robert Amberg, 401E. Ocean, Long Beach
Rev. Laverne Joseph, 401 e. Ocean, Long Beach
William Schwartz, 401B Street, San Diego
Earl Clampett, 12623 Pedriza Drive
Motion by Councilmember Higginson, seconded byCouncilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-92-40, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Development Review
92-09, Assessor's Parcel Number 275-780-04." Motion carried unanimously.
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ITEM 6.1
AFFORDABLE HOUSING OVERLAY
SITE 15/NORTH OF VON'S CENTER
(203-25)
ITEM 6.2 (203-25)
AFFORDABLE HOUSING OVERLAY
SITE 27/NORTH SIDE OF MONTE VISTA ROAD
Staff report by City Manager Bowersox. At the August 4, 1992 meeting the City
Council continued consideration of Site 15 as an alternate to Site 29 for the
Affordable Housing Overlay. It is a 5.37 acre site located on the west side of
Pomerado Road just north of the Von's shopping center zoned for Commercial
Office. It is proposed for very-low income senior housing at a density of up to
25 units per acre. They also directed staff to set Site 27 for public hearing
as an alternate to Site 28. It is a 2.06 acre site on the north side of Monte
Vista Road.
Speaking in opposition to Item 6.1:
Howard Stacklin, 13149 Tobiasson Road
Speaking in opposition to Item 6.2:
Donald Worley, 401 B Street, San Diego, representing E1 Rancho Grande,
owners of the property
Ronald McMahon, 9245C Brown Deer Road, San Diego, representing Anathesia
Service Medical Group, Inc., buyers of the property
City Attorney Eckis stated these sites should not be considered "alternates"
since there is no criteria as to when they would become "prime" sites. The AH
overlay should be placed and let development occur as it may.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearings and adopt Resolution No. 92-176, entitled, "A Resolution of the
City Council of the City of Poway, California Attaching an Affordable Housing
Overlay to Site 15, Located on the West Side of Pomerado Road, North of Von's
Center {AHO 92-04)," and Resolution No. 92-177, entitled, "A Resolution of the
City Council of the City of Poway, California Attaching an Affordable Housing
Overlay to Site 27, Located on the North side of Monte Vista Road, East of
Pomerado (AHO 92-05)," and direct staff to not prepare specific plans for these
sites at this time. Motion carried unanimously.
ITEM 7 (1204-05)
BILLING ALTERNATIVES FOR
WATER AND SEWER SERVICES
Staff report by City Manager Bowersox. At the June 30, 1992 hearing on water and
sewer rates, the City Council requested a report on potential billing
alternatives for water and sewer services which were being reviewed by the Budget
Review Committee. Two things are being considered, initiation of monthly rather
than bi-monthly bills and restructuring sewer charges so they are tied to water
usage. However, because you can't meter sewer the way you meter water, if the
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charges are restructured and some bills go down others will have to go up.
Currently the total cost is divided by the number of equivalent dwelling units
to arrive at the rate. No changes can be initiated until the new computer system
is in place either in early 1993 or with the new fiscal year in July, 1993 and
staff will do a more thorough analysis at that time for Council consideration.
Howard Stacklin, 13149 Tobiasson Road, suggested the City needs to look at ways
of reducing the costs of providing the service.
Council concurred to receive and file the report.
ITEM 23 (1180-03)
CLOSURE OF YORK AVENUE
Mayor Goldsmith announced he would take this item out of order since there were
several persons present for this discussion.
Councilmember Emery stated he had placed this item on the agenda because of the
number of letters the City Council had received from residents on York Avenue
regarding the closure of this private road by one of the residents which forces
those residents north of the gate to exit to the north and out Edgemoor to
Midland Road.
Director of Engineering Services Weston stated that York Avenue is a private
roadway, partially dirt, between Scots Way and Edgemoor. It has been open for
travel most of the time. Not all owners have easements for ingress and egress
to the south and a new owner has installed locked gates at his property across
the road. The Safety Services Department responds assuming there is a gate there
because one has been there periodically over the years.
Speaking in favor of the roadway being opened:
Roger Mohling, 13911 York Avenue
Galina Rovner, 13923 York Avenue
Mark Rasner, 13915 York Avenue
Richard Huber, 14247 Jerome Drive, owner of 13849 York Avenue
Oleg Rovner, 13923 York Avenue
Jose Lopez, 13902 York Avenue
Valerie Bailey, 13911 York
The residents requested assistance from the city to resolve this. Having only
one way in is difficult, particularly when there are sports activities at Midland
School and cars block their access. Council suggested the neighborhood loan
program might be appropriate to improve the road.
Don McKelvey, 13857 York Avenue, stated he is the owner who installed the gate
and he had checked with all the public agencies, including the Fire Department
and SDG&E, before installing the gate. He indicated a willingness to be
cooperative.
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Motion by Councilmember Emery, seconded byCouncilmember Higginson to refer this
matter to staff to facilitate a solution between the property owners. Motion
carried unanimously.
ITEM 8 (1170-04)
STATUS REPORT ON RECYCLING
AND SOLID WASTE DISPOSAL
Staff report by City Manager Bowersox. Effective September 1, 1992 all three
residential haulers will be providing recycling programs at no extra cost to
their customers. The solid waste disposal issue is on-going. Judge McConnell
ruled that the County's EIR was adequate to expand the San Marcos landfill and
the San Marcos City Council has approved a Conditional Use Permit. Council
concurred to receive and file the report.
ITEM g (202-01)
ORGANIZATIONAL STUDY/MANAGEMENT AUDIT
Item introduced by City Manager Bowersox. Councilmember Higginson explained the
process the subcommittee had used in reviewing the ten proposals. They are
recommending Hughes, Heiss & Associates be selected to conduct the Organizational
Study/Management Audit and that the City Council meet with them to discuss the
scope of the project. Council concurred.
ITEM 21
CITY MANAGER ITEMS
City Manager Bowersox stated the City had finished the 1991-92 year with a
$17,000 surplus. We are projecting a $300,000 deficit, plus the $357,000
property tax reduction approved in the State budget, for 1992-93.
ITEM 22
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9{a), pending litigation, Town & Country Shopping Center vs. City of
Poway and Poway Redevelopment Agency.
MAYOR
24A.
AND CITY COUNCIL-INITIATED ITEMS
Mayor Goldsmith stated he has received a request from the Poway Auto
Dealers Association for a workshop regarding signage. Staff recommends
this be referred to the Chamber of Commerce, Business Advisory Committee
and Poway Road Specific Plan Committee for review and comment before
scheduling a workshop with the City Council. Council concurred.
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Page 8 - CITY OF POWAY - September 8, 1992
24B.
24C.
25.
27.
Mayor Goldsmith stated he has received a request from the Presbytery of
San Diego for a pre-development conference regarding two potential sites
for the location of a Presbyterian Church. Council concurred to hold.
Mayor Goldsmith stated he has received a request from Richard Darr for a
pre-development conference for a family fun center at 12957 Poway Road.
Council concurred to hold.
Councilmember Higginson asked if the workshop scheduled for September 10
to do the annual performance evaluations of the City Council's employees
could be scheduled for 6 p.m. on September 15 as he will not be able to be
present on September 10. Council concurred.
Councilmember Snesko suggested that the City make a donation to the Red
Cross for the hurricane victims in Florida and encourage other cities to
do the same. Following discussion, the Council did not concur with this
suggestion, but stated we can facilitate collection of donations from our
residents. Councilmember McIntyre stated we should be sure our citizens
are prepared in case of a disaster and emphasized attendance at the Family
Emergency Preparedness Seminar which will be held on September 19 at the
Community Center.
Mayor Goldsmith called for a closed session at 10:20 p.m. as requested by the
City Attorney.
CALL TO ORDER AND ADJOURNHENT
Mayor Goldsmith called the meeting back to order at 10:40 p.m. and announced the
City Council had instructed the City Attorney during closed session. Motion by
Councilmember Higginson, seconded byCouncilmember Snesko to adjourn the meeting
to 6:00 p.m., on Tuesday, September 15, 1992. Motion carried unanimously.
Marjori~ )~. Wa lsten, ity er
City o f[~_~ay
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NOTICE
NOTICE IS HEREBY GIVEN THAT THE SEPTEMBER 8, 1992, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
~RDER OF AD~OUR~ENT
Upon motion by Councilmember Higginson,
seconded by Councilmember Snesko, Mayor
Goldsmith ordered the meeting adjourned to
$~00 p,m,, Tuesday, September 15, 1992
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 10:40 p.m.
Marjorle K. Wahlsten, City Clerk
City o~way, California
September 9, 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 September 9, 1992
Marjori~ K~ Wahlsten, City Clerk
City of~o~aY, California