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CC 1990 06-12 CiTY OF POWAY, CALiFORHIA NZNUTE$ OF THE CiTY COUNCIL REGULAR NEETIHG ~UHE 12, 1990 The June 12, 1990, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCIL#EI48ER$ PRESENT AT ROLL CALL Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson CIXII~II.NENII~$ ABSENT AT R~LL CALL Linda Brannon STAFF #EI~I)ER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Alan Archibald Reba Wright-Quastler Mark Weston Steve Streeter Garry MacPherson Dan Cannon Jay LaSuer Yolonda Collins Joyce Posey Christine Tsung Patrick Foley Pamela Colby Richard Howard Peter Moote City Manager City Clerk City Attorney Assistant City Manager Director of Public Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Battalion Chief Parks & Landscape Manager Sheriff's Captain Sheriff's Lieutenant Personnel Manager Finance Manager Senior Management Analyst Management Analyst Management Analyst Management Analyst PLEDGE OF ALLEG]*ANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. PRESENTATZON~ Ae Mayor Hlgginson presented a Resolution of Appreciation to Mike Averill of the Rancho Bernardo Rotary Club and Eagle Scout candidate Matt Shaw for the Vita-course installed at the Con~nunity Park. Sheriff's Captain Jay LaSeur presented certificates of appreciation to several citizens, including members of the Poway Fire Department, for their fund raising efforts for the San Felipe, Baja California, Police Department. 3797 Page 2 - CITY OF POWAY - June 12, 1990 PUBLIC ORAL ~IIUIqlCATIQI~ Mayor Higginson explained the procedure for Public Oral Communications. was no one present wishing to speak. There CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Kruse, to adopt the Consent Calendar as follows: 23. Ratification of Warrant Registers - May 17, 24, 1990 24. Approval of lease of City-owned property with North County Education Alternative, Inc.; located at 12324 Oak Knoll Road. 25. Approval to remove Nuclear Density Gauge from City's inventory and sell to Geopacifica, geotechnical consultant to the City of Poway. 26. Adoption of Resolution No. 90-111 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a No Parking Zone on the north and south sides of Bounty Way, on the east and west sides of Harrow Lane, and on the north and south sides of Eden Grove from Espola Road to Harvest Crescent between the hours of 9:00 a.m.- 2:00 p.m., Monday through Friday, Holidays excepted." 27. Adoption of Resolution No. 90-112 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a stop sign at the southwest corner of St. Andrews Drive at Valle Verde Road" {north side of Valle Verde Park). 28. Adoption of Resolution No. 90-113 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within City of Poway Street Lighting Maintenance District for Fiscal Year 1990-90 and Setting the Public Hearing for July 17, 1990"; and Approving Engineer's Report Outlining Assessments. 29. Approval of final map for Tentative Tract Map 4191-5R {Rancho Arbolitos}, Standard Pacific, applicant; located south of Twin Peaks Road; and adoption of Resolution No. 90-114 entitled, "A Resolution of the City Council of the City of Poway, California, Accepting the Dedication of a Certain One-Foot Wide Strip of Land Lying Within City of Poway Tract No. 4191-5AR, Map No. 12358, Saddlewood Drive." 30. Adoption of Resolution No. 90-115 entitled, "A Resolution of the City Council of the City of Poway, California, Denying General Plan Amendment 90-01C; located south of Poway Road, west of Vista View Drive." (Confirming action taken May 15, 1990, Item 8C.} 3798 Page 3 - CITY OF POWAY - June 12, 1990 31. Approval of final parcel map Tentative Parcel Map 87-12 and acceptance of public improvements, Victoria and Stanley Lazowski applicants; located at the intersection of Golden Sunset Lane and Orchard View Lane. 32. Approval of Second Amendment to the agreement for Animal Control Services for Fiscal Year 1990-91 between the City of Poway and the County of San Diego as revised. 33. Adoption of Resolution No. 90-116 entitled "A Resolution of the City Council of the City of Poway, California, Amending Investment Policy for Public Funds and Rescinding Resolution No. 89-025." 34. Acceptance of Community Park Soccer Field (5613) and Walkway Lighting from Saturn Electric {1646). 35. Receive and file report regarding District Attorney's Initiative Petition investigation from November, 1988 election. 36. Continue the award of bid for for office furniture for City Hall reorganiza- tion to June 19, 1990. 37. Approve status of pending legislation report as follows: 1) Oppose AB 2590 and SB 1755 regarding a cost shift from the State in the form of a reduc- tion in cigarette tax revenues; 2) Oppose SB 2882 regarding a proposed uni- lateral reduction in revenue transfers required under current law; and 3) Support SB 1998 concerning the creation of an Advisory Committee to the Integrated Waste Management Board. 37.1 Approval of General Plan update work program; and appropriation of $150,000 for consultant assistance and environmental review. Motion carried 4-0 with Councilmember Brannon absent. ITEM 39 CITY ATTORNEY ITEMS Mayor Higginson stated this item would be taken out of order. City Attorney Eckis stated that this is a request for a closed session regarding the acquisition of Poway Royal Estates pursuant to Government Code Sections 54956.9{c) and 54956.8. Negotiators are identified as City Attorney Eckis for the City and Attorney Charles Black for the property owner. Council went into closed session at 7:12 p.m. and returned into open session at 7:23 p.m. City Attorney Eckis stated that based on the income surveys received from the residents the Council had instructed the City Attorney to proceed with the next step and prepare a Resolution of Necessity to Acquire which will be set for public hearing in late July or early August. In the meantime, the City Attorney will continue negotiations with the property owner. 3799 Page 4 - CITY OF POWAY - June 12, 1990 ITEM 5 1990-91 FINANCIAL PLAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is the first of three scheduled public hearings on the 1990-91 budget. The Budget Review Committee has prepared their report for presentation at this meeting and several members of the Co~w~dttee are present. The proposed operating budget is $29,070,530, an 11.55% increase over 1989-90. This does not include employee salary increases which are currently being negotiated. Bob Brooks, Chairman of the Budget Review Committee, reviewed their report which included recommendations: to make every possible effort to address the trend of increased general fund expenditures relative to revenues, noting the diminishing reserves; ensure long planning occurs when considering community services since the operation and maintenance costs are escalating far beyond increases in reve- nues; exercise caution when considering joint use projects and agreements to ensure that all parties pay their share; actively pursue water conservation efforts, water reclamation facilities and a solid waste recycling program. Mayor Hlgginson presented Mr. Brooks with a plaque recognizing his 10 years of service on the Budget Review Committee and naming him "Mr. Budget." Speaking in favor of staff recommendation: Tracy Townsend, 13725 Adrian Street, spoke Agency project to improve Adrian Street. in favor of the Redevelopment Speaking in opposition to staff recorr~rlendation: Dan Wiberg, 16632 Maverick Court, representing the Poway Youth Sports Association, spoke regarding the need for additional facilities. Susan Sheldon, 13411 Starridge Street, representing the Friends of the Library, requested $50,000 for interim improvements to the current library facility. Gall Short-Jacobson, 13619 Tobiasson Road, representing the CONTACT Community Network, spoke in support of the library's request. Mayor Higginson stated he would abstain from any discussion regarding the proposed traffic signal at Espola Road and Summerfield Lane. Council requested that when staff present options on constraints. the Library Master Plan is presented on June 26, funding certain items within the current budget Council thanked the Committee including Bob Brooks, Alan Sugarman, Phyllis Owens, Gordon Meyer and Tom Hynes, for all their efforts in reviewing the proposed 199D-91 budget. Motion by Councilmember Emery, seconded by Councilmember Kruse, to continue the public hearing to June 19, 1990. Motion carried 4-0 with Councilmember Brannon absent. 38OO Page 5 - CITY OF POWAY - June 12, 1990 ITEM 5 CONDITIONAL USE PERMIT 90-04 APPLICANT: DAVID HIGGINS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to locate an automotive stereo, alarm, and cellular phone installation and retail shop in the City Center Plaza at 13150 Poway Road. Staff recommends approval. Speaking in favor of staff recommendation: David Higglns, 2530 Via Astuto, Carlsbad, co-owner of the business Paul Riddle, 5392 Wilshire Drive, San Diego, managing partner of the shopp- ing center. Motion by Councllmember Emery, seconded by Councilmember Emery, to close the public hearing; issue a Negative Declaration and adopt Planning Resolution No. P-90-41 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-04, Assessor's Parcel Number 317-101-31." Motion carried 4-0 with Councilmember Brannon absent. ITEM 7 CONDITIONAL USE PERMIT 82-10M DEVELOPMENT REVIEW 90-03 APPLICANT: MARY TAMAYO Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a 960 square foot modular unit to an existing day care facility at 14411 Norwalk and increase the maximum number of children from 45 to 60. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Goldsmith, seconded by Councilmember Emery, to close the public hearing; issue a Negative Declaration; and adopt Planning Resolution No. P-90-42 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 82-10M and Development Review 90-03, Assessor's Parcel Number 314-194-23." Motion carried 4-0 with Councilmember Brannon absent. ITEM 8 DEVELOPMENT REVIEW 90-01 APPLICANT: CAMEO DEVELOPMENT Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct eight single-family homes in TTM 87-D7 on the south side of Garden Road. The map approval required drainage to Garden Road which necessitated raising the southern lots approximately six feet over their 3801 Page 6 - CITY OF POWAY - June 12, 1990 original grade. The City has received letters from neighbors to the south expressing concerns over loss of privacy and possible unsightly slopes if fences are placed both at the top and bottom. Staff recommends approval, including dense planting of trees on the southern boundary. Speaking in opposition to staff recommendation: Lawrence Burrows, 13103 Clair Drive Suk Phomsauanh, 13121 Clair Drive Speakers expressed concern over drainage from the project. Council discussion included ways to minimize drainage impacts, insure privacy, and preclude untended slopes, with the possibility of requiring one-story homes on the southerly lots. Mr. Robert Jackson, 12520 High Bluff Drive, #190, San Diego, representing the owner, agreed to a two-week continuance to work with staff to resolve the concerns. Motion by Councilmember Kruse, seconded by Councilmember Emery to continue con- sideration of Development Review 90-01 to June 26, 1990. Motion carried 4-0 with Councilmember Brannon absent. ITEM 9 UNDERGROUND UTILITY WAIVER Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a revised policy to allow waivers from underground utility requirements based on discussion at the May 10, 1990 workshop. Speaking in opposition to staff recommendation: Thomas Nodes, 13951 Calvary Road, requested his proposed three division in the Mina de Oro area fall under the old standards. lot sub- Director of Planning Services Wrlght-Quastler stated this revised policy is less restrictive in all respects. Motion by Councilmember Emery, seconded by Councilmember Kruse to close the public hearing and adopt Resolution No. 90-117, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Criteria for the Waiver of the Requirement for Undergrounding of Utilities and Rescinding Resolution No. 86-072." Motion carried 4-0 with Councilmember Brannon absent. 3802 Page 7 - CITY OF POWAY - June 12, 1990 ITEM 10 TENTATIVE PARCEL MAP 89-02 AMENDMENT APPLICANT: JAY AND SANDRA GELB City Manager Bowersox stated this item can be removed from calendar since the underground utility waiver requested by the applicant can be granted by staff as a result of action on Item 9. Motion by Councilmember Emery, seconded by Councilmember Kruse to remove request for amendment to Tentative Parcel Map 89-2 from calendar. Motion carried 4-0 with Councilmember Brannon absent. ITEM 11 ORDINANCE NO. 318 - SECOND READING STAGE II WATER ALERT Mayor Higginson 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. This is second reading of the Ordinance spelling out water conservation measures required under a Stage II Water Alert. It incorporates the amendments made by the Council at the first reading on May 22. Motion by Councllmember Emery, seconded by Councilmember Kruse, to waive further reading of Ordinance No. 318. Motion carried 4-D with Councilmember Brannon absent. Motion by Councilmember Kruse, seconded by Councilmember Goldsmith to close the public hearing and adopt Ordinance No. 318. Motion carried 4-0 on a roll call vote with Councilmember Brannon absent. ITEM 12 ORDINANCE NO. 320 - SECOND READING LOA FOR TENTATIVE TRACT MAP 84-10 Mayor Higginson read the title of Ordinance No. 320, "An Ordinance of the City of Poway, California, Issuing a Letter of Availability for Sewer Capacity from the Reserve Category to Lot § of TTM 84-10." Staff report by City Manager Bowersox. This is second reading on an ordinance issuing sewer capacity to a home for the frail elderly from the reserve category. 3803 Page 8 - CITY OF POWAY - June 12, 1990 Councilmember Kruse stated he would be disqualifying himself from this item. Motion by Councilmember Goldsmith, seconded by Councilmember Emery to waive further reading, close the public hearing and adopt Ordinance No. 320. Motion carried 3-0-1 on a roll call vote with Councilmember Brannon absent and Councilmember Kruse disqualified. ITEM 13 CITIZEN RESPONSE-SIGNS ON LIGHT STANDARDS Staff report by City Manager Bowersox. This is a response to Mr. John Kane's Public Oral Communications on April 24, 1990, regarding citizens placing signs on the decorative light standards in the Old Poway area and causing paint damage. Staff recommends an article in Poway Today regarding the prohibition of signs on traffic signs, utility poles, or traffic devices. Council requested the article be educational rather than punitive and concurred with staff recommendation. ITEM 14 CITIZEN RESPONSE - PERMIT PROCESS Staff report by City Manager Bowersox. This is a response to Mr. John Kane's Public Oral Communications on April 24, 1990, regarding the city's grading permit process. Staff recommends the Council receive and file the report. Council concurred. RE(~ES~ AND ~,ALL TO ORDER Mayor Higginson recessed the meeting at 9:25 p.m., and called it back to order at 9:35 p.m., with all Councilmembers present except Councilmember Brannon. ITEM 15 CITIZEN RESPONSE-WATER CONSERVATION Staff report by City Manager Bowersox. This is a response to Mr. Michael McFarland's Public Oral Communications on May 15, 1990 regarding water conser- vation versus higher water rates because of decreased consumption. Staff recommends the Council receive and file this report. Speaking in opposition to staff recommendation: Michael McFarland, 14455 Ipava Drive, stated he feels Water District is "setting us up" for a rate increase. the Metropolitan Council concurred to receive and file the report. 3804 Page 9 - CITY OF POWAY - June 12, 1990 ITEM 16 CITIZEN RESPONSE-EMPLOYEE REINSTATEMENT Staff report by City Manager Bowersox. This is a response to Mr. Richard Francabandera's Public Oral Communications on May 15, 1990, requesting reinstat- ment to his position with the city since he is rehabilitated following his dismissal for on-the-job drug use and sale. Staff recommends the Council receive and file this report. Council concurred. ITEM 17 LANDSCAPE MAINTENANCE DISTRICT ADVISORY COMMITTEE REPORT Staff report by City Manager Bowersox. This Committee was established by the Council in response to citizen concerns about the Landscape Maintenance District assessments. They have met six times and have several recommendations for the Council to consider, including examination of the equity of present assessments and administration costs; need to solicit additional bids for landscape main- tenance; increase use of drought tolerant plants and drip irrigation; and noti- fication to all owners in the LMDs of their assessments. Staff recommends the Council address the Committee's report during the July 17, 1990, public hearings on the Landscape Maintenance District assessments for 1990-91. Speaking in favor of staff recommendation: Gordon Meyer, 14302 Sand Hill Road, Chairman of the LMD Advisory Committee Jim Keeley, 15815 Riparian Road Michael McFarland, 14455 Ipava Drive, member of the LMD Advisory Committee Speakers emphasized the findings of the Committee, including giving the Committee more time to do its work, having parks and trails maintained with General Fund monies, and monitoring water use and other expenditures. Council discussion included leaving the parks and trails maintenance out of LMD assessments, desire to see a breakdown of the administrative costs, need to restructure the committee's timeframe for work, and need to look at "who pays for what." Motion by Councilmember Emery, seconded by Councilmember Goldsmith to direct staff to address the Committee's report along with public and Council comments on July 17, 1990. Motion carried 4-0 with Councilmember Brannon absent. ITEMS 18-22 LANDSCAPE MAINTENANCE DISTRICT ENGINEER'S REPORTS The Council concurred to hear all these items together since most of the speakers had indicated Items 18-22 on their slips. 3805 Page 10 - CITY OF POWAY - June 12, 1990 Staff report by City Manager Bowersox. He stated that all the reports had been prepared with the same methodology. The Council will be adopting a Resolution of Intention for each LMD that will set a public hearing for July 17, 1990. The Council can change the assessments at any time up to sending the assessments to the County for inclusion on the tax roll. Speaking in opposition to staff recommendation: Jim Keeley, 15815 Riparian Road Kent Deines, 13992 Dodder Court Robert Dodds, 13812 Yellowthroat Road Carol Deines, 13992 Dodder Court Bill Barnick, 14645 Sunrise Canyon Road Tom Gharst, 14860 Deerwood Street Speakers expressed concern over water consumption, administrative costs, lack of accountability, whether water meters are being read, bidding process, need to assess the whole city or pay more of the cost out of the General Fund. Motion by Councilmember Emery, seconded by Councilmember Kruse to take the following actions: ITEM 18: adopt Resolution No. 90-118 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 83-1 for Fiscal Year 1990-91 and Setting the Public Hearing for July 17, 1990"; and approve Engineer's Report Outlining Assessments. {Rancho Arbolitos; Adobe Ridge; Casa Real; The Colonies; Rancho Espola; Twin Peaks Plaza; Country Creek; Woodland Hills; Community 16 Villas; Childer's Park Village; Cicero/Rustic; Gateway/La Manda; Jonathan Park Lane; Indian Trails; Royster/Footman Lane; Carmel Vista; Tentative Parcel Map 89-09, Cusick} ITEM 19: adopt Resolution No. 90-119 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-1 for Fiscal Year 1990-91 and Setting the Public Hearing for July 17, 1990"; and approve Engineer's Report Outlining Assessments. {Bridlewood; Piedmont Park; Stone Canyon Ranch; The Groves; Huntington Gate, Units I and II; Tentative Parcel Map 87-05, Paul Grimes; Tentative Parcel Map 88-02, Jemy Corporation; Serenata; Stratford/Tierra Bonita; Green Valley Groves, Units I and II) ITEM 20: adopt Resolution No. 90-120 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-2 for Fiscal Year 1990-91 and Setting the Public Hearing for July 17, 1990"; and approve Engineer's Report Outlining Assessments. {Sunrise Ranch; Sycamore Creek; Poway Villas; Tentative Tract Map 87-07, Garden Road) 3806 Page 11 - CITY OF POWAY - June 12, 1990 ITEM 21: adopt Resolution No. 90-121 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 86-3 for Fiscal Year 1990-91 and Setting the Public Hearing for July 17, 1990"; and approve Engineer's Report Outlining Assessments. (The Pond) ITEM 22: adopt Resolution No. 90-122 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District 87-1 for Fiscal Year 1990-91 and Setting the Public Hearing for July 17, 1990"; and approve Engineer's Report Outlining Assessments. (Pomerado Business Park; Parkway Business Center) Motion carried 4-0 with Councilmember Brannon absent. ITEM 38 CITY MANAGER ITEMS City Manager Bowersox requested a closed session for the purpose of the legisla- tive body reviewing its position and instructing its representatives concerning personnel negotiations pursuant to Government Code Section 54957.6{a}. Council concurred to hold a closed session at the end of the meeting. CITY COUNCIL INITIATED ITEMS 42. A) Counctlmember Goldsmith stated he had placed a discussion of the City of Norwalk's request for support of legislation regarding gang violence on this agenda to get Councilmember Brannon's input. Since she is absent, it can be deferred. 42. B) Councilmember Goldsmith stated that the Transportation Task Force will be reviewing its draft report once it has the final "runs" from SANDAG and requested the Council extend the time for receipt of the final report. Motion by Councilmember Goldsmith, seconded by Councilmember Kruse to extend the time for a final report from the Transportation Task Force to September 30, 1990. Motion carried 4-0 with Councilmember Brannon absent. 42. C) Councilmember Goldsmith stated he would include the discussion of region-wide transit study in his SANDAG report at the June 19, 1990 Council meeting. 3807 Page 12 - CITY OF POWAY - June 12, 1990 CLOSED SESSION Mayor Higginson recessed the meeting into closed session at 11:25 p.m. as requested by the City Manager and called the meeting back to order at 11:40 p.m. with all Councilmembers present except Councilmember Brannon. He announced that Council had instructed its representatives. Upon motion by Councilmember Kruse, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., June 14, 1990. The time of adjournment was 11:40 p.m. Marjorie K. Wahlsten, City Clerk City of Poway ML/7/CP1 38O8 NOTICE NOTICE IS HEREBY COUNCIL OF THE FOLLOWING ORDER: GIVEN THAT THE JUNE 12, 1990, CITY OF POWAY, CALIFORNIA, WAS REGULAR MEETING OF THE CITY ADJOURNED PURSUANT TO THE OI~DER OF N)~)OURNNENT Upon motion by Councllmember Kruse, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned to 4:30 p,m,, Thursday, Oune 14, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:40 p.m. Marjorie K', Wahlsten, City Clerk City of Co, ray, California Dated: June 13, 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 June 13, 1990 Marjorie )C. Wahlsten, City Clerk City of Po~ay, California