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CC 1990 05-29 CITY OF PO'dAY, CALIFORH]*A NIHUTES OF THE CZTY COUNCZL REGULAR NEETZHG MAY 29, 1990 The May 29, 1990, regular meeting of the City Council of the City of Poway was called to order at 7:02 p.m. by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. ~OUI~ILliEI,~ERSAliSWERII'i~ ROLLCALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Hlgglnson COtlI~IIJIE'NB~RS ABSENT AT ROLL CALL None STAFF NENBERS PRESEHT James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Robert Thomas Alan Archibald Mark Sanchez Reba Wright-Quastler Mark Weston Steve Streeter Richard Howard Nancy Neufeld City Manager City Clerk Assistant 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 Management Analyst Deputy City Clerk PLEDGE OF ALLE$I.I~E Deputy Mayor Goldsmith led the Pledge of Allegiance. PUBLIC (g~AL ~MI4UNICATIOI~ Mayor Higginson explained the procedure for Public Oral Communications. 1. Jim Keeley, 15815 Riparian Road, spoke regarding Landscape Maintenance District assessments. City Manager Bowersox stated that a response to Mr. Keeley's concerns will be included in the Landscape Maintenance District Advisory Committee's report sche- duled for June 12, 1990. 2. Vicki Lazowski, 14440 Golden Sunset Lane, requested Council consider a multi-purpose pathway designation to the upcoming General Plan review. 3790 Page 2 - CITY OF POWAY - May 29, 1990 CONSENT CALENDAR Councilmember Brannon stated she will disqualify herself from Item 21.1. Motion by Councilmember Kruse, seconded by Councilmember Emery to approve the Consent Calendar as follows: 12. Approval of Minutes - City Council: May 8, 1990, Regular Meeting May 10, 1990, Adjourned Regular Meeting 14. Ratification of Warrant Register - May 10, 1990. 15. Approval of City's Investment Report - April, 1990. 16. Approval of final map for Tentative Parcel Map 89-15, Pomerado Properties/ Patsy G. Longi, applicants; located north of Beeler Canyon Road, east of Padre Transit Mix. 17. Acceptance of improvements and release of securities in conjunction with Oak Creek Trail, James Siltanen applicant; located at the southerly end of Oak Creek Trail. 18. Acceptance of improvements and release of securities for Tentative Tract Map 87-04, Park Village, Robert L. Childers Company, Inc., applicant; located northeast of the intersection of Midland Road and Adrian Street. 19. Approval of investment in Certificates of Deposit collateralized by first trust deeds on California real estate; and approval of criteria to be used when choosing institution. 20. Approval of contractural agreements for consultant services necessary to the formation of Community Facilities District No. 90-1 with Stradling, Yocca, Carlson & Rauth for bond counsel; Don Owen & Associates for special tax consultant; Stone & Youngberg for investment banking; Kosmont & Associates, Inc. for special financial consulting services; Economic Research Associates for market absorption study; and Fuller & Associates for appraisal services. 21. Adoption of Resolution No. 90-108 entitled, "A Resolution of the City Council of the City of Poway, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 90-1 of the City of Poway {Tech Business Center) Declaring the Results of a Special Bond and Special Tax Election and Approving Certain Related Actions." 21.1 Adoption of Resolution No. 90-109 entitled, "A Resolution of the City Council of the City of Poway, California, Confirming the Issuance of a Statement of Sewer Availability from the Redevelopment Category as Described in Ordinance 304 for Aviano Apartment Complex {DR 87-06}," a 49 unit apartment complex at the northwest corner of Stowe Drive and Pomerado Road, Anthony Aviano and Neville Bothwell applicants. {Confirming action taken on May 22, 1990, Item 11.} 3791 Page 3 - CITY OF POWAY - May 29, 1990 21.2 Rejection of bid for the construction of bus shelters at various locations; and authorization to readvertise. {1644} Motion carried unanimously, with Councilmember Brannon disqualified on Item 21.1. ITEM 4 TENTATIVE PARCEL MAP 89-19 APPLICANT: URBAN ECONOMICS ASSOCIATES, INC. Councilmember Kruse stated he will disqualify himself from this item. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to split Lot 5 of Tentative Tract Map 84-10 into two residen- tial parcels of 2.142 and 2.358 acres from 12.6 acres, located at the eastern end of Monte Vista Road, east of Pomerado Hospital. An open space easement currently exists across Lot 5 and is proposed as a condition of approval for these lots also. A covenant will be required for the open space areas restricting the placement of structures, fencing, excavation or grading, and prohibiting grazing of animals or cultivation of crops. Staff recommends appro- val. Speaking in favor of staff recommendation: Philip Butzen, Urban Economics Associates, 12630 Monte Vista Road, requested modification of conditions of approval regarding open space restrictions. City Manager Bowersox stated that the open space restrictions are required as part of the mitigation measures identified by the environmental initial study on which the Negative Declaration is based. Following discussion, motion by Councilmember Goldsmith, seconded by Councilmember Emery, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-90-38 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 89-19, Assessor's Parcel Number 275-470-16," as amended to require a new open space covenant in a form satisfactory to the Director of Planning Services and the City Attorney prior to final map recordation. Motion carried 4-0, with Councilmember Kruse abstaining. ITEM 5 ORDINANCE NO. 320 - FIRST READING ISSUING LOA FOR SEWER CAPACITY FROM RESERVE CATEGORY Councllmember Kruse stated he will disqualify himself from this item. Mayor Higginson opened the public hearing and read the title of Ordinance No. 32D, "An Ordinance of the City of Poway, California, Issuing a Letter of Availability for Sewer Capacity from the Reserve Category to Lot 5 of TM 84-10." 3792 Page 4 - CITY OF POWAY - May 29, 1990 Staff report by City Manager Bowersox. This item is in accordance with the Sewer Allocation Plan adopted by Ordinance No. 304 and would authorize issuance of a letter of availabiliy for one unit of sewer capacity from the reserve category for Lot 5 of TM 84-10. On February 27, 1990, the City Council considered an appeal of a staff decision that a septic system did not meet City standards for a proposed lot split {TPM 89-19) to construct a single family house as a resi- dential care facility for the frail elderly. The Council directed staff to bring back a revision which would allow issuance of a letter of availability for sewer capacity from the Reserve Category. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to waive further reading of Ordinance No. 320 and continue the public hearing to June 12, 1990, for second reading. Motion carried 4-0, with Councilmember Kruse abstaining. ITEM 6 ENVIRONMENTAL ASSESSMENT FOR RIGHT TURN LANE ON TWIN PEAKS ROAD AT POMERADO ROAD Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This item is for consideration of an environmental assessment for a Redevelopment Agency Capital Improvement Project for the construction of a right-turn lane on Twin Peaks Road extending approximately 300 feet east of Pomerado Road. The project will require the removal of approximately 6 eucalyp- tus trees, and the relocation of approximately 60 feet of sidewalk and 280 feet of concrete curb and gutter. Staff conducted an environmental initial study and determined that the project will not have a significant effect upon the environ- ment. Staff recommends the issuance of a Negative Declaration. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Kruse, to close the public hearing and issue a Negative Declaration. Motion carried unanimously. ITEM 7 TENTATIVE PARCEL MAP 87-12 TIME EXTENSION APPLICANT: STANLEY & VICTORIA LAZOWSKI Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for Tentative Parcel Map 87-12, a two-lot subdivision located at the east end of Golden Sunset Lane. Staff recommends approval. Speaking in favor of staff recommendation: Vicki Lazowski, 14440 Golden Sunset Lane. 3793 Page 5 - CITY OF POWAY - May 29, 1990 Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the public hearing, and adopt Resolution No. P-90-39 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 87-12TE, Assessor's Parcel Number 321-220-02." Motion carried unanimously. ITEM 8 ORDINANCE NO. 319 - SECOND READING DELETING ESPOLA ROAD AS A TRUCK ROUTE Mayor Higginson 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." City Manager Bowersox stated that the proposed ordinance would preserve the City's option of closing Espola Road to through truck traffic. Staff recommends approval. Speaking in favor of staff recommendation: David Haessig, 14802 Espola Road, presented letters in support. Motion by Councilmember Emery, seconded by Councilmember Kruse, to issue a Negative Declaration, and waive further reading of Ordinance No. 319. Motion carried unanimously. Motion by Councllmember Emery, seconded by Councilmember Kruse, to close the public hearing, and adopt Ordinance No. 319. Motion carried unanimously on a roll call vote. ITEM 9 ORDINANCE NO. 317 - SECOND READING ZONE CHANGE 90-01A/OLD COACH GOLF ESTATES Councilmember Kruse stated he would disqualify himself from this item.~ Mayor Higginson read the title of Ordinance No. 317, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property, Zone Change Application {ZC 90-01A}, Old Coach Golf Estates Project, Environmental Development, Ltd., Applicant." Motion by Councilmember Emery, seconded by Councilmember Brannon, to waive further reading of Ordinance No. 319. Motion carried 4-0, with Councilmember Kruse abstaining. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to adopt Ordinance No. 319. Motion carried 3-1-D, with Councilmember Emery voting "no," and Councilmember Kruse abstaining. 3794 Page 6 - CITY OF POWAY - May 29, 1990 ITEM 10 CONSENT DECREE REGARDING METRO SEWERAGE SYSTEM IMPROVEMENTS Staff report by City Manager Bowersox. The U.S. Environmental Protection Agency and the Regional Water Quality Control Board filed suit against the City of San Diego for violations of the Clean Water Act by the Metro Sewerage System. In order to avoid lengthy litigation and resolve the problem, a Consent Decree has been reached which will allow the City of San Diego to achieve compliance with the Clean Water Act. Staff recommends that the City Council express their sup- port of the Consent Decree and encourage the U. S. District Court to note that the City of San Diego should provide a cooperative effort to achieve the construction of Poway's water reclamation plant. Motion by Councilmember Brannon, seconded by Councilmember Emery, to adopt Resolution No. 90-110 entitled, "A Resolution of the City Council of the City of Poway, California, Stating the City of Poway's Support for the Conditions of the Consent Decree Issued by the U.S. District Court between the U.S. EPA, the Regional Water Quality Control Board and the City of San Diego Regarding Certain Improvements to the Metro Sewerage System Required Under the Clean Water Act." Motion carried unanimously. ITEM 11 DEVELOPMENT REVIEW 90-02 APPLICANT: STRUCTUREFORM Staff report by City Manager Bowersox. This is a request to construct two tilt- up concrete industrial buildings totaling 22,875 square feet on Parcel 9 of the Pomerado Business Park Phase I, located at the northeast corner of Stowe Drive and Kirkham Road. Staff recommends approval. Motion by Councilmember Kruse, seconded by Councilmember Emery, to adopt Resolution No. P-90-40 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 90-02, Assessor's Parcel Number 317-222-16." Motion carried unanimously. CITY COUNCIL-INITIATED ITEMS 25. Council concurred with Councilmember Emery's request to refer a request from the City of Encinitas to proclaim the existence of a local emergency relating to the impact of immigration on the community to the Migrant Worker Committee for their review and input. The committee will include this item in their final report to Council later this year. 26. Councilmember Goldsmith reported on SANDAG's May 25, 1990 meeting, including SANDAG Board of Director's decision to initiate discussions with Washington D.C. and Mexico regarding a joint use airport facility; and their action taken to approve TRANSNET funding for Poway Grade interim improvements. Council requested a report regarding the proposed timing of Poway Grade improvements. 3795 Page 7 - CITY OF POWAY - May 29, 1990 28. Mayor Higginson announced that the July 3 and July 10, 1990 meetings will be cancelled. Upon motion by Councllmember Kruse, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 7:45 p.m. Marjorlle )<. Wahlsten, City Clerk C i ty oi~OP way 3796