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CC 1990 04-24 CITY QF P(~Y, CALIFORNIA NIHUTE$ OF THE CITY COUHCIL REGULAR NEETIHG APRIL 24, 1990 The April 24, 1990, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higglnson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUN~IL#ENBER$ PRESENT ATROLLCALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson STAFF NENBER$ PRESENT James Bowersox Marjorie Wahlsten Tamara Smith Bob Thomas Alan Archibald Mark Sanchez Reba Wright-Quastler Mark Weston Steve Streeter Yolanda Collins Patrick Foley Peter Moore City Manager City Clerk Assistant City Attorney Director of Community Services Director of Public Services Director of Safety Services Director of Planning Services City Engineer Assistant Director of Planning Services Sheriff's Lieutenant Senior Management Analyst Management Analyst PLEDGE OF ALLEGIAI~E Deputy Mayor Goldsmith led the Pledge of Allegiance. PRESENTATION Mr. Richard Daniels, manager of Special Projects for Waste Management, Inc., presented a check for $1,000 to the City Council. These funds will be used to purchase trees for planting in Arbolitos Park to commemorate Earth Day. PRQCLANATZQH Mayor Higginson read a proclamation proclaiming April 22-28, 1990 as "General Federation of Women's Clubs Centennial Celebration Week" and presented it to Joye Davisson, President of the Poway Women's Club and Rachel Stenger, President of the Poway Junior Women's Club. 3739 Page 2 - CITY OF POWAY - April 24, 1990 PUBLI~ ORAL COMI4UHI~ATIOI~ Mayor Higginson explained the procedure for Public Oral Communications. Mr. John Kane, 14635 Twin Peaks Road spoke regarding people putting signs on the decorative light poles in Old Poway and requesting the permit process be an organized, step by step process, with no opportunity for "wheeling and dealing" by applicants. CONSENT CALENDAR Mayor Higginson stated that Items 17 and 18 Motion by Councilmember Emery, seconded by Councilmember Kruse, Consent Calendar, Items 12-16 and 19-19.1, as follows: were pulled by the public. to adopt 12. Ratification of Warrant Register - April 5, 1990 13. Approval of City's Investment Report - March, 1990 14. Award of bid for two {2) Cardiac Defibrillators to Laerdal Corporation of Armonk, New York. Receive and file annual audit results for Fiscal Year lg89. 15. 16. 19. 19.1 the Medical Receive and file annual reports of the San Diego Transportation Improvement Program and Transportation Development Act. Remove from calendar status of pending legislation. Authorization to appropriate Earth Day donation from Waste Management of California, Inc. to purchase trees for the reforestation of Rancho Arbolitos Park. Motion carried unanimously. ITEM 5 ORDINANCE NO. 315 - SECOND READING AMENDMENT TO PERS CONTRACT Mayor Higginson read the title of Ordinance No. 315, "An Ordinance of the City of Poway, California, Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System." Staff report by City Manager Bowersox. This is second reading of an Ordinance changing the contribution rate for safety employees. Staff recommends approval. 374O Page 3 - CITY OF POWAY - April 24, 1990 Motion by Councilmember Emery, seconded by Councilmember Kruse to waive further reading, close the public hearing and adopt Ordinance No. 315. Motion carried unanimously on a roll call vote. ITEM 6 ORDINANCE NO. 316 - SECOND READING SPEED LIMIT FOR LAKE POWAY ROAD Mayor Higginson read the title of Ordinance No. 316, "An Ordinance of the City of Poway, California, Adding Section 10.32.230{C) to the Poway Municipal Code Establishing a Speed Limit for Lake Poway Road from Prairie Vista Road to the cul-de-sac at the Western Terminus of Lake Poway Road." He stated he would be disqualifying himself since he had been absent at first reading and had not listened to the tape. Staff report by City Manager Bowersox. This is second reading of an Ordinance establishing a 25 mile per hour speed limit as requested by the public and City Council. Speaking in favor of staff recommmmlendation: Robert Yates, 13927 Lake Poway Road Milton Putterman, 15854 Riparian Road Robert Baylis, 15855 Riparian Road Council requested that contractors doing work in the City be put on notice that they must obey speed limits and exercise caution when driving through residen- tial neighborhoods. Motion by Councilmember Brannon, seconded by Councilmember Kruse, to waive further reading, close the public hearing and adopt Ordinance No. 316. Motion carried 4-0 with Mayor Higginson disqualifying himself. ITEM 7 TENTATIVE TRACT MAP 89-06 VARIANCE 90-03 DEVELOPMENT REVIEW 89-20R APPLICANT: NEXUS DEVELOPMENT Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. This is a request to modify a previously approved condominium project at the northeast corner of Carriage and Poway Roads. Staff report by Director of Planning Services Wright-Quastler. In the process of preparing detailed grading plans for this project, it became evident that changes to the grading design would be necessary. The modifications require a variance to allow eight foot retaining walls and to eliminate portions of a required six-foot wall bet- ween single-family and multi-family zones due to elevation differences; and minor changes to building pad elevations and building locations. The applicant is also requesting the division of the project into two parcels. Staff recommends approval. 3741 Page 4 - CITY OF POWAY - April 24, 1990 Speaking in favor of staff recommendation: Bill Hedenkamp, 1331 India Street, architect for the project Rich DiPietro, 1331 India Street, representing Nexus Development Gilbert Cos, 12903 Yankton Drive Speaking in opposition to staff recommendation: Kenneth Roudenbush, 12947 Yankton Drive Ernest Field, 13430 Via Cabezon, San Diego Speakers asked about the walkway proposed to be built from the east end of the project; and the wooden fence proposed to be build on the western property line between this project and existing home. City Manager Bowersox stated that the walkway would be built to city standards with lighting. Following discussion, Council concurred that the western fence should be built on the project site rather than the property line so that the homeowners' association is responsible for maintenance and should be a material other than wood or chain link. Motion by Councilmember Kruse, seconded by Councilmember Brannon, to close the public hearing and adopt Planning Resolution No. P-90-27 with direction to staff regarding the wall on the western side of the project. Motion carried unanimously. ITEM 9 AB 939 TASK FORCE City Manager Bowersox stated this item will be considered with Item 24B. ITEM 10 INITIATING GENERAL PLAN AMENDMENT 90-01 Staff report by City Manager Bowersox. The public hearing for city-initiated GPA 90-01 will be held on May 15, 1990 and includes three items: GPA/ZC 90-01A, Old Coach Road Planning community; GPA 90-01B deleting Old Coach Road from the circulation element; and GPA/ZC 90-01C to redesignate a city-owned one-acre par- cel west of Vista View Drive from residential to commercial. Staff recommends adoption of the Resolution initiating this General Plan Amendment. Councllmember Emery requested Item C not be considered for a change to commer- cial since it had been considered previously and denied. Councilmember Kruse stated that, although he would disqualify himself from the public hearing on Items A and B, the City Attorney had advised him he could vote on setting the hearing. Motion by Councilmember Goldsmith, seconded by Councilmember Kruse to adopt Resolution No. 90-085A entitled, "A Resolution of the City Council of the City of Poway, California, Initiating General Plan Amendment 90-01." Motion carried 4-1 with Councilmember Emery voting "no." 3742 Page 5 - CITY OF POWAY - April 24, 1990 ITEM 11 APPEAL OF MINOR DEVELOPMENT REVIEW 90-30 Staff report by City Manager Bowersox. This is an appeal by Glenn Cecil of the decision of the Director of Planning Services approving MDRA 90-30 for the construction of a 1,881 square foot addition to an existing 1,255 square foot residence at 13823 Tobiasson Road. This project meets all applicable develop- ment standards. Staff recon)~ends that the City Council uphold the approval. Speaking in opposition to staff recommendation: Glenn Cecil, 13817 Tobiasson Road, who was appealing on grounds of loss of light and privacy. Speaking in favor of staff recommendation: Cliff Hubbell, 13823 Tobiasson Road. Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse to continue this item for two weeks to give the applicant an opportunity to propose some architectural features on the north and south walls of the pro- posed project to eliminate the starkness and make it look better to the neigh- bors. Motion carried unanimously. ITEM 11.1 RECOGNITION OF PERFORMANCE Staff report by City Manager Bowersox. John Fitch, Assistant City Manager, has been Acting City Manager on several occasions in the past year due to the City Manager's illness. Staff recommends additional compensation of $500, one week's vacation, and a Memorandum of Commendation. Motion by Councilmember Emery, seconded by Councilmember Kruse to approve staff recommendation. Motion carried unanimously. ITEM 17 TTM 89-15 - VERNAL POOLS Staff report by City Manager Bowersox. On April 3, 1990, Mike Fry addressed the Council regarding vernal pools on the "State Land" property which was approved as TTM 89-15 on February 27, 1990 with a mitigated Negative Declaration. Staff recommends the Council receive and file this report showing the City issued a Negative Declaration based on expert opinion and no further review is mandated by State law. 3743 Page 6 - CITY OF POWAY - April 24, 1990 Speaking in opposition to staff recommendation: Nancy Gilbert, 24000 Avila Road, Laguna Niguel, biologist U.S Fish & Wildlife Service Mike Fry, 12819 Selma Court, representing the Sierra Club David Hogan, P.O. Box 1944, Julian, representing the San Diego Biodiversity Project The speakers addressed the jurisdiction of the U.S. Army Corps of Engineers over vernal pools, using soil hydration to prove the existence of vernal pool species, losses to date of vernal pools in San Diego County; and mitigation measures. Following extensive discussion, motion by Councilmember Emery, seconded by Councilmember Kruse that the biologists from both sides of the issue meet with staff and Standard Pacific to attempt to reach a conclusion on the existence of vernal pools, and report back to Council on that issue and the legal ramifica- tions involved. Motion carried unanimously. ITEM 18 MINOR DEVELOPMENT REVIEW 90-11 Staff report by Director of Planning Services Wright-Quastler. This item was continued from April 3, 1990 to allow staff time to work with the applicant to resolve several issues. The applicant has agreed to apply for a waiver to underground utilities and pave the driveway over 10% slope. Staff has requested a slope analysis to determine if any portions are greater than 10%. The applicant wants his swimming pool to be considered as storage for fire pro- tection however the Fire Department cannot get the water out at an adequate pressure to fight a fire. Speaking in favor of staff recommendation: Mike Lasater, 16222 Coyote Creek Trail. Mr. Lasater requested that he be allowed to pay a pro rata share of the road improvements when they are done rather than as a condition of this approval; questioned whether a 20 foot wide driveway was necessary since they are providing a ham- merhead at the top of the driveway; and debated being able to provide adequate pressures for fire fighting if the pool were plumbed to flow from the bottom. Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse, to adopt Planning Resolution No. P-90-28, entitled, "A Resolution of the City Council of the City of Poway, California approving Minor Development Review 90-11, Assessor's Parcel Number 278-210-15," as amended to allow alternative fire fighting water storage that meet required pressures; pro rata road improve- ment contribution at the time of improvement; and 12 foot driveway width. Motion carried unanimously. (Councilmember Brannon left the room at this point} 3744 Page 7 - CITY OF POWAY - April 24, 1990 ITEMS 9 & 24B AB 939 TASK FORCE Councilmember Goldsmith stated this item will come before the SANDAG Board at their April 27th meeting and the recommendation is that they be the Integrated Waste Management Task Force. Following discussion, motion by Councilmember Emery, seconded by Mayor Higginson to endorse SANDAG to be the AB 939 Task Force. Motion carried 4-0 with Councilmember Brannon out of the room. CITY COUNCIL INITIATED ITEMS 26. Mayor Higginson announced that Gordon Meyer and Joseph Marzo were the Chairperson and Vice Chairperson of the Landscape Maintenance District Advisory Committee. (Councilmember Brannon re-entered the meeting at this point.) 22. A. Councilmember Brannon announced that the San Diego City Council had continued the SR 56 item for two weeks but had closed the public hearing. Be Councilmember Brannon stated that at the Clean Water Program Governance Advisory Group meeting on April 20, the City of San Diego had agreed to a 50% weighted vote even though they have 66% of the sewage flow. On May 18 they will meet to discuss regulations that need to be addressed. 24. A. Councllmembers Brannon and Goldsmith discussed three items that will be on the SANDAG agenda on April 27 and requested Council direction. The formation of an advisory committee for regional impact fees under the Regional Growth Management Board. Council concurred that this is premature; however, if it can't be delayed then Poway wants to be on the Committee. TRANSNET Funding for Poway Grade interim improvements on the local improvements list. Council concurred that we had not applied for this under the local portion and it should be under the regional section. Staff will follow-up with SANDAG staff prior to the meeting. e Support for Propositions 108, 111, and 116. Council concurred that since staff has not prepared a presentation on these yet and Council has not taken a position, the SANDAG representatives can vote their own opinion. 3745 Page 8 - CITY OF POWAY - April 24, 1990 Upon motion by Councilmember Emery, seconded by Councilmember Kruse, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., April 26, 1990. The time of adjournment was 10:05 p.m. MarOori~ K~ W~hl siren, 'Ci ~ C1 erk City of Poway 3746 NOTICE NOTICE IS HEREBY GIVEN THAT THE APRIL 24, 1990, COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS FOLLOWING ORDER: REGULAR MEETING OF THE CITY ADJOURNED PURSUANT TO THE ORDER OF AD3OURHI4E#T Upon motion by Councilmember Emery, seconded by Councilmember Kruse, Mayor Higginson ordered the meeting adjourned to 4:30 p,m,,, Thursd~, Apr11 25, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 10:05 p.m. Marjorie ¥. Wahlsten, City Clerk City orLon)way, California Dated: April 25, 1990 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 April 25, 1990 Marjori~ I~. Wahlsten, City Clerk City of/PoWay, California