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CC 1990 05-22 CITY OF POI~Y, CALIFORNIA NZHUTE$ OF THE CITY COUNCIL REGULAR NEETZNG #AY 22, 1990 The May 22, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:01 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. C~UI~CII.I~E~BER$ AKSgERII~ ROLL CALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson COUNCZL#ENBER$ AB~EHT AT ROLL CALL None STAFF #EI~ER$ PRESEHT James Bowersox Steve Eckls John Fitch Robert Thomas Alan Archibald Mark Sanchez Reba Wrlght-Quastler Mark Weston Steve Streeter Yolanda Collins Peter Moote Nancy Neufeld City Manager City Attorney Assistant City Manager Director of Community Services Director of Public Services Director of Safety Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Sheriff's Lieutenant Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. PROCLANATION Mayor Higginson declared the week of May 20 - 26 as "National Public Works Week" and presented a proclamation to Jeff Cooper, Senior Vice President for BSI Consultants, Inc. PUBLIC OPAL Ct)I4NUNICATII~I$ Mayor Higginson explained the procedure for Public Oral Communications. 1. Anthony Rapaty, 13352 Whitewater Drive, spoke regarding grading practices which result in water runoff. e David Rinaldo, 13035 Corona Way, spoke regarding lack of business license certificate for operator of an in-park mobile home sales service at Poway Royal Mobile Estates. 3780 Page 2 - CITY OF POWAY - May 22, 1990 CONSENT CALENDAR Motion by Councllmember Emery, seconded by Councilmember Brannon to approve the Consent Calendar as follows: 12. Approval of Minutes - City Council: April 24, 1990, Regular Meeting April 26, 1990, Adjourned Regular Meeting May 1, 1990, Regular Meeting 14. Ratification of Warrant Register - May 3, 1990. 15. Approval of appropriation of funds in the amount of $98,547.00 for the payment of the 1988-89 Workers' Compensation Retrospective Deposit adjust- ment. 16. Approval of appropriation of funds in the amount of $157,149.00 for the payment of the 1988-89 General Liability Retrospective Deposit adjustment. 17. Adoption of Resolution No. 90-103 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Deposits in the County of San Diego Pool of Funds for Investment." 18. Adoption of Resolution No. 90-104 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance District No. 83-01 to Include Tentative Tract Map 88-13 with Written Consent of all Property owners and Rescinding Resolution No. 90-002," which annexed into Landscape Maintenance District 86-01, located south of Stone Canyon Road, west of Country Squire Drive. 19. Adoption of Resolution No. P-90-36 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 90-01, Assessor's Parcel Numbers 317-225-04, 05; 317-224-01," Big Bob's Electrical Signs applicant, Norman Nowell owner: a request to establish a comprehensive sign program for Scenic View Business Park, a multi-tenant industrial complex consisting of 11 buildings; located at the eastern end of Kirkham Court and on the north side of Stowe Drive in the Pomerado Business Park. 20. Adoption of Resolution No.P-90-37 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 90-16," Poway Business Street Fair, Poway Chamber of Commerce applicant: a request for approval of a street fair to be held on Midland Road, May 27, 1990. 21. Approval of reimbursement in the amount of $14,523 for certain public sewer main construction costs in conjunction with Poway Mini-Storage (CUP 87-01), located on Poway Road near the intersection of Garden Road, Conrad Prebys Trust, applicant. 3781 Page 3 - CITY OF POWAY - May ZZ, 1990 22. Approval of appropriation of funds in the amount of $10,000 for improve- ments to the trailer at Pomerado Business Park. 23. Approval of Amendment to First Amended and Restated Acquisition Agreement with CF Pomerado for the improvement of Community Road/Metate Lane intersection. 24. Acceptance of the Phase I improvements in Pomerado Business Park (TM 85-04), authorization for release of securities; direction to staff to record a notice of completion, CF Poway, Ltd., applicant; and adoption of Resolution No. 90-105 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Placement of Temporary Stop Signs at South Poway Parkway and Pomerado Road, South Poway Parkway and Kirkham Road, South Poway Parkway and Community Road, and Stowe Drive and Community Road." 25. Receive and file report regarding pending legislation with recommendations as follows: 1) Remove opposition to AB 3463 {LaFollette) and support neutral position as revised, allowing one local government which has money payable to another local government to deduct an amount only if the action is undisputed; 2) Oppose SB 2274 {Bergeson), General Plan Housing Elements, requiring local agencies to prepare housing element according to regional housing needs; 3) Oppose SB 998 {Presley}, mandatory pass-through formula or local negotiations at County option for redevelopment agencies; and 4) Oppose SB 2688 (Rogers}, sanitation systems, limiting public agencies abi- lity to regulate brine discharge. 25.1 Adoption of Resolution No. 90-106 entitled, "A Resolution of the City Council of the City of Poway, California, Approving those Certain Agreements with the Poway Unified School District Concerning the Poway Center for the Performing Arts," {Lease Agreement and Joint Use Agreement for the operation of the Poway Center for the Performing Arts). 25.2 Award of bid in the amount of $407,835.00 for the construction of street improvements on Aubrey Street from Community Road to Midland Road to ABC Construction; and approval of appropriation of $82,000.00 from the water fund for installation of water distribution system. {5235) Motion carried unanimously. ITEM 27 CLOSED SESSION Mayor Higginson stated that the City Attorney's item for a closed session would be held at this time. City Attorney Eckis stated that he is requesting a closed session under Government Code Sections 54956.9(c), whether to commence litigation, and 54956.8, give instruction to negotiator regarding terms and conditions for acquisition of Poway Royal Mobile Estates. The negotiators will be the City Attorney on behalf of the City, and Charles Black, the attorney of record for the present owner of the mobile home park. 3782 Page 4 - CITY OF POWAY - May 22, 1990 The City Council, City Attorney, City Manager, Director of Planning Services, and Assistant City Manager, entered closed session at 7:16 p.m. CALL TO ORDER Mayor Higginson called the meeting back to order at 7:40 p.m., and City Attorney Eckis announced that in closed session the Council had instructed that this item be continued three weeks, and to take no action until adequate income surveys are received from the residents of the mobile home park to provide a data base to determine whether or not to go forward. City Attorney Eckis explained the procedure for those wishing to speak regarding the closed session. Speakers will be given an opportunity to address the Council, no action will be taken, and the comments will be referred to staff. William Ghiselin, 13046 Bonita Vista, spoke regarding increased rents, and a high turnover rate due to lack of affordability. ITEM 5 TENTATIVE PARCEL MAP 89-02 AMENDMENT APPLICANT: JAY & SANDY GELB Mayor Higginson stated that this item was continued from May 1, 1990 in response to questions raised regarding undergrounding of utilities. City Manager Bowersox stated that at their workshop held May 10, 1990, the City Council directed staff to bring back a revised policy regarding undergrounding of utili- ties. Staff recon~ends continuing this item until June 12, 1990 to be con- sidered after adoption of the revised undergrounding standards policy. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to continue this item to June 12, 199D. Motion carried unanimously. ITEM 6 ORDINANCE NO. 318 - FIRST READING STAGE II WATER ALERT Mayor Higginson opened the public hearing and read the title of Ordinance No. 318, "An Ordinance of the City of Poway, California, Rescinding and Replacing Sections 8.94.060 and 8.94.090 of the Poway Municipal Code regarding a Stage II Water Alert." Staff report by City Manager Bowersox. In response to Council direction at the May i and May 8, lggO meetings, staff is recommending revisions to Stage II Water Alert provisions of the water conservation ordinance. These revisions include: allowing irrigation between the hours of 6 p.m. to 10 a.m.; allowing the issuance of new construction meters; prohibiting emptying and refilling of swimming pools unless approved for health and safety reasons; prohibiting opera- tion of ornamental fountains; and requiring prompt repair of plumbing leaks or broken irrigation systems. 3783 Page 5 - CITY OF POWAY - May 22, 1990 Speaking in opposition to staff recommendation: J. Case Estep, 12622 Mustang Drive Ed Malone, Hidden Valley Ranch, 17150 Old Coach Road Speakers addressing Council opposed daytime irrigation restrictions for agri- cultural users. Following discussion, motion by Councilmember Emery, seconded by Councilmember Goldsmith, to waive further reading of Ordinance No. 318, as revised to allow agricultural users to apply for an exemption to the watering hours by submitting an irrigation plan for a 10% cutback in water usage, and to allow issuance of a second warning before penalty phase; continue the public hearing to June 12, 1990, for second reading; direct staff to defer proactive enforcement until after August, conduct an educational campaign in an attempt to achieve a 10% reduction in water usage, and report back at the end August regarding effec- tiveness of public education campaign. Motion carried unanimously. ITEM 7 ORDINANCE NO. 319 - FIRST READING DELETING ESPOLA ROAD AS A TRUCK ROUTE Mayor Higginson opened the public hearing and read the title of Ordinance No. 319, "An Ordinance of the City of Poway, California, Deleting Section 10.42.010{C} of the Poway Municipal Code which Deletes Espola Road as a Truck Route Between Westerly City Limit and Poway Road and Establishing the Effective Date Thereof." Staff report by City Manager Bowersox. On April 3, 1990, the Council directed staff to review methods of preserving the option to close Espola Road to through truck traffic if Proposition 111 is approved on the June 1990 ballot. If adopted, Proposition 111 would limit a City's ability to restrict truck traffic in their jurisdiction. The proposed ordinance would preserve the option of closing Espola Road to through truck traffic should the City decide to exercise that option in the future. Speaking in favor of staff recommendation: Brian Gibbs, 15060 Espola Road Tom Elms, 15016 Espola Road E. Nell Larson, 14643 Espola Road Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to waive further reading of Ordinance No. 319, and continue the public hearing to May 29, 1990, for second reading. Motion carried unanimously. ITEM 8 NEIGHBORHOOD PARK POLICY & PROCEDURES Staff report by City Manager Bowersox. At the March 13, 1990 meeting, the City Council forwarded comments to the Parks and Recreation Advisory Committee to be included in their discussions to develop a policy regarding the use of neigh- borhood parks. The Parks and Recreation Advisory Committee has prepared a 3784 Page 6 - CITY OF POWAY - May 22, 1990 policy which sets forth the objective of scheduling the use of neighborhood parks to achieve a balance between preserving the park for the enjoyment of the surrounding neighborhood and use of the park to meet the needs of organized sports. Staff recommends approval of the policy as prepared by the Parks and Recreation Advisory Committee. Speaking in favor of staff recommendation: Dan Wiberg, 16632 Maverick Court, asked about a Community Park policy. Dennis Marx, 14336 Sycamore Avenue, representing Poway Youth Sports Association. Motion by Councilmember Emery, seconded by Councilmember Brannon, to adopt Resolution No. 90-107 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting the Neighborhood Park Policy and Procedures," and directing staff to send a letter to the Poway Unified School District encouraging the district to adopt a similar policy for school ballfields. Motion carried unanimously. ITEM 9 LIGHTING OF BASEBALL FIELDS AND TENNIS COURTS AT TIERRA BONITA ELEMENTARY & TWIN PEAKS MIDDLE SCHOOL City Manager Bowersox stated that on March 27, 1990, the City Council referred this item to the Parks and Recreation Advisory Committee for consideration in conjunction with the Sports Facilities Needs Assessment. As this evaluation has not been completed, the Committee has requested that this item be removed from the calendar. Motion by Councilmember Emery, seconded by Councilmember Brannon, to remove this item from the calendar. Motion carried unanimously. ITEM 10 AIRPORT RELOCATION Staff report by City Manager Bowersox. At the request of the City of San Diego, SANDAG conducted the Air Carrier Airport Site Selection Study to determine the best possible relocation site for Lindbergh Field and to accommodate long-range regional aviation demand. Following completion of the study, SANDAG's staff recommended to the Board of Directors that Otay Mesa be considered as a bi- national airport site. The Public Facilities and Recreation Committee of the San Diego City Council met to discuss the airport relocation alternatives and voted to encourage the Port District to proceed with improvements to Lindbergh Field to allow it to serve as a commercial air carrier airport as long as possible, and to pursue other "21st century" solutions to the long-term airport needs of the region. Staff recommends that the City Council support that posi- tion. 3785 Page 7 - CITY OF POWAY - May 22, 1990 Speaking in favor of staff recommendation: Rich Melaas, Community Planning Liaison, Code OOM, Naval Air Station Miramar, stated that the Navy opposes any recommendation in support of joint use or civil use of Miramar Naval Air Station. Council concurred with staff recommendation. ITEM 11 RESERVATION OF SEWER CAPACITY FOR DEVELOPMENT REVIEW 87-06 APPLICANT: ANTHONY AVIANO & NEVILLE BOTHWELL Staff report by City Manager Bowersox. This item is in accordance with the Sewer Allocation Plan adopted on November 14, 1989, by Ordinance No. 304. The applicants are proposing a 49 unit apartment complex and a recreation building at the northwest corner of Stowe Drive and Pomerado Road in the South Poway area. On October 10, 1989, the Council approved Tentative Tract Map 89-04 for this site, along with reserving one unit of sewer availability. The applicants are requesting that the Council determine that the proposed development review meets the public benefit standards established and issue a statement of availa- bility for 49 EDUs. Staff has considered this project in light of the public benefit standards established for issuance of sewer capacity from the Redevelopment Projects category and has determined that the public benefit derived from the project, as originally proposed, did not warrant reservation of sewer capacity. Subsequent to staff's review of the project, the applicants submitted a modification to provide 20 percent of the units as assisted housing for a period of 30 years to meet the requirements of provision of low- and moderate-income housing. With this revision, staff could support the findings of public benefit to warrant reservation of sewer capacity. Speaking in favor of staff recommendation: Neville Bothwell, 5302 Alta Bahia Court, San Diego Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse, to tentatively approve the issuance of a statement of sewer availability from the Redevelopment Projects category for the development review as revised, and direct staff to bring back resolution confirming on May 29, 1990. Motion carried unanimously. ITEM 11.1 REQUEST FROM CALMAT FOR WORKSHOP SESSION Staff report by City Manager Bowersox. On June 19, 1990, a public hearing will be held to consider an application from CalMat to allow continued and expanded operation of their facilities in the South Poway area. CalMat has requested a City Council onsite workshop at their Mission Valley operation. The request has been reviewed by the City Attorney and it is his opinion that the request be declined due to the difficulty to provide public access and to keep accurate minutes, and that there is no authorization within State law for a City Council to hold a meeting outside the City. 3786 Page 8 - CITY OF POWAY - May 22, 1990 Motion by Councilmember Emery, seconded by Councilmember Kruse, to decline the request for a workshop session, and direct staff to encourage CalMat to present their application at the June 19, 1990 public hearing. Motion carried unani- mously. CITY COUNCIL-INITIATED ITEMS 30. A. Councllmember Goldsmith reported on items scheduled for discussion at SANDAG's May 25, 1990 meeting, including approval for TRANSNET funding for Poway Grade interim improvements, and regional factors affecting quality of life for consideration under Proposition C - Regional Planning and Growth Control Initiative. Be Councilmember Goldsmith discussed the Draft San Dieguito River Valley Regional Open Space Park Concept Plan as approved by the Citizens Advisory Committee and requested Councilmembers' comments. Dan Wiberg, 16632 Maverick Court, asked about review by the Parks and Recreation Advisory Committee. AI~OURHNE#T Upon motion by Councllmember Emery, seconded by Councilmember Kruse, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, May 24, 1990. The time of adjournment was 9:00 p.m. Marjorie K. Wahlsten, City Clerk City of~P~Oway 3787 NOTICE NOTICE IS HEREBY GIVEN THAT THE COUNCIL OF THE CITY OF POWAY, FOLLOWING ORDER: MAY 22, 1990, REGULAR MEETING OF THE CITY CALIFORNIA, WAS ADJOURNED PURSUANT TO THE ORDER OF Ab3OURHNEHT Upon motion by Councilmember Emery, seconded by Councilmember Kruse, Mayor Higginson ordered the meeting adjourned to 4~30 p,m,, Thursday, ~ Z4, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:00 p.m. Nancy/Neu~qov; D(pu%y City Clerk City of P~way, California Dated: May 23, 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 May 23, 1990 Nancy NeWelS, Deputy City Clerk City of Poway, California