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CC 1991 01-15#I#UTE$ OF THE CITY COUNCIL REGULAR #EETING ~]ANUARY 15, 1991 The January 15, 1991, regular meeting of the City Council of the City of Poway was called to order at 7:00 p.m. by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCIL#EMBERS ANSWERING ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF #ENBER$ PRESE#T James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Robert Thomas Alan Archibald Mark Sanchez Peggy Stewart Reba Wright-Quastler Mark Weston Steve Streeter Yolanda Collins Patrick Foley Peter Moote Janis Acosta Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Public Services Director of Safety Services Director of Administrative Services Director of Planning Services Director of Engineering Services Assistant Director of Planning Services Sheriff's Lieutenant Principal Management Analyst Management Analyst Management Assistant Deputy City Clerk PLEDGE OF ALLEGIAJK;E Deputy Mayor Emery led the Pledge of Allegiance. Mayor Goldsmith asked that City staff be available to assist in locating resour- ces and services needed for military families during the current Persian Gulf Crisis. PUBLIC ORAL COM4UNICATION$ Mayor Goldsmith explained the procedure for Public Oral Communications. 1. Ron Sawzak, 15754 Riparian Road, spoke regarding Poway High School students parking on Riparian Road. 2. Bill Barnick, 14645 Sunrise Canyon Road, spoke regarding water conservation and its effects on newly completed landscaping. City Manager Bowersox stated that water conservation measures wil be discussed under Items 7 and 8.1 on tonight's agenda. 4034 Page 2 - CITY OF POWAY - January 15, 1991 CONSENT CALENDAR Mayor Goldsmith stated that Item 20.1 was pulled from the Consent Calendar by the public and that he had pulled Item 20.4. Motion by Councilmember Emery, seconded by Councilmember Higginson to approve the Consent Calendar as follows: Approval of Minutes - City Council: December 11, 1990, Regular Meeting December 18, 1990, Regular Meeting 11. Ratification of Warrant Register - December 27, 1990. 12. Denial of claim for damages: R.C. Woodworth. 13. Approval to continue report regarding cable television coverage for Council meetings to February 19, 1991 {referred from December 18, 1990, Item 38F}. 14. Adoption of Resolution No. 91-004 entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Department Head to Destroy City Records After the Same are no Longer Required." 15. Adoption of Resolution No. 91-005 entitled, "A Resolution of the City Council of the City of Poway, California, to Specify the Review and Approval Process for Solid Waste Transfer Facilities Designed to, as a Condition of Their Permits, Recover for Reuse or Recycling Less than 15 Percent of the Total Volume of Material Received and Which Serve More than One Jurisdiction;" and adoption of Resolution No. 91-006 entitled, "A Resolution of the City Council of the City of Poway, California, to Specify the Review and Approval Process for Solid Waste Transfer Facilities Designed to, as a Condition of their Permits, Recover for Reuse or Recycling, Less than 15 Percent of the Total Volume of Material Received and Which Serve only One Jurisdiction;" regarding the selection of solid waste facility siting procedure as required by AB 2296. 16. Acceptance of landscape improvements to Landscape Maintenance District 83-1, Tentative Tract Map 88-05, Gateway/La Manda Estates. 19. Approval of membership in the Reclaimed Water Advisory Group; and approval of appropriation of $2,222 from sewer reserve to sewer operating fund. 20.2 Adoption of Planning Resolution No. P-91-06 entitled, "A Resolution of the City Council of the City of Poway, California, Denying MDRA 90-67, Assessor's Parcel Number 321-270-47," granting of appeal of Planning Services Director's approval for Minor Development Review 90-67 for the construction of a 4,700 square foot two-story single-family dwelling which is to be located at 15359 Blue Crystal Trails; and requiring split foun- dation to minimize grading, Wayne Carter applicant. {Confirming action taken January 8, 1991, Item 14.} 20.3 Approval of increased membership for 1991 Business Advisory Committee. (Action taken January 8, 1991, Item 440.) Motion carried unanimously. 4O35 Page 3 - CITY OF POWAY - January 15, 1991 ITEM 4 AMENDMENT TO OWNER PARTICIPATION AGREEMENT BETWEEN POWAY REDEVELOPMENT AGENCY AND POWAY LAND, INC. Mayor Goldsmith stated that this public hearing was continued from January 8, to January 29, 1991. However, this agenda had already been printed with this item since the original recommendation was to continue to this meeting. City Manager Bowersox recommended that this item be removed from calendar. There was no one present wishing to speak. Motion by Councllmember Higginson, seconded by Councilmember Emery, to remove this item from calendar. Motion carried unanimously. ITEM 5 ORDINANCE NO. 333 - SECOND READING SEWER CAPACITY ALLOCATION PLAN Mayor Goldsmith read the title of Ordinance No. 333, "An Ordinance of the City of Poway, California, Establishing an Allocation Plan for Remaining Sewer Capacity, Determining Project Applications Incomplete and Establishing Waiting Lists by Category for Projects without Sewer Capacity and Rescindinng Ordinance Nos. 302, 303, and 304, and Resolution Nos. 89-176 and 89-177." City Manager Bowersox stated that this is second reading of an ordinance for a revised sewer allocation plan for 1,059 EDU's of sewer capacity. During first reading of the ordinance on January 8, 1991, the Council amended Section 4 regarding City Council authorization prior to issuance of a Statement of Sewer Availability from the Redevelopment Project category. Staff recommends approval. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Higginson, to close the public hearing, waive further reading and adopt Ordinance No. 333. Motion carried unanimously on a roll call vote. ITEM 6 ORDINANCE NO. 334 - FIRST READING APPEAL PROCEDURES Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Staff recommends adopting a uniform appeal process which can be followed by the public to appeal any decision of staff or committee, with the exception of Business Certificate issuance, nuisance abatement, alarm system, and public right-of-way permits. A cost basis has been prepared and staff recommends $100 fee be applied to all appeals. Staff recommends approval with revision clarifying the number of days following a decision in which to file an appeal. 4036 Page 4 - CITY OF POWAY - January 15, 1991 There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Higginson, to adopt Resolution No. 91-007 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a Fee for Filing Appeals under Chapter 2.20 of the Poway Municipal Code." Motion carried unanimously. Mayor Goldsmith read the title of Ordinance No. 334, "An Ordinance of the City of Poway, California, Amending Chapter 2.20 of the Poway Municipal Code Regarding Administrative Appeals and Rescinding Certain Sections Pertaining to Appeals." Motion by Councilmember Emery, seconded by Councilmember Higginson, to waive further reading of Ordinance No. 334 as revised, and continue the public hearing to January 29, 1991, for second reading. Motion carried unanimously. Mayor Goldsmith stated Items 7 and 8.1 will be trailed to allow for a presen- tation from the City's representative to the San Diego County Water Authority. ITEM 8 KIOSK SIGN PROGRAM Staff report by City Manager Bowersox. The current kiosk program was established in 1983 to provide directional signs for the public to new housing projects and eliminate the individual real estate signs from the com- munity. Developers provide their own signs, which must meet sign, design, and color specifications, for installation on the kiosks. The City and developers have been experiencing difficulties with the current program in the areas of availability, aesthetics, and cost. Staff recommends that a request for proposals be prepared for a private sign company to revise and admi- nister the kiosk program. Following discussion, motion by Councilmember McIntyre, seconded by Councilmember Emery, to approve staff recommendation. In addition, kiosk users will be required to bear the cost of placing directional signs to City facili- ties on the kiosks. Motion carried unanimously. ITEM 20.1 VARIANCE 90-12/MINOR DEVELOPMENT REVIEW 90-79 APPLICANT: LEROY C. MARTEN Mayor Goldsmith stated that this item was pulled from the Consent Calendar by the public. City Manager Bowersox stated that this item is confirming Council action taken on January 8, 1991, to approve applicant's request to deny staff recommendation and approve a variance of seven feet from the required front yard setback for a doubles tennis court at 13959 Arbolitos Drive. Staff recommends adoption of resolution confirming action taken January 8, 1991. Speaking in opposition to staff recommendation: Karen VanHensbergen, 13956 Arbolitos Drive Gregg Paulus, 13956 Arbolitos Drive William Butler, 13952 Arbolitos Drive 4037 Page 5 - CITY OF POWAY - January 15, 1991 Speakers expressed concern regarding landscaping and visibility and requested the variance approval be reconsidered. City Attorney Eckis stated that this is confirming action only and that a request for rehearing based on new and different evidence not available at the January 8, 1991, public hearing would have to be filed within 10 calendar days from this date in order for the Council to consider a request to rehear. Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt Planning Resolution No. P-gl-06 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 90-12 and Minor Development Review 90-79, Assessor's Parcel Number 314-802-02." Motion carried unanimously. ITEM 20.4 SAN DIEGO AREA WASTEWATER MANAGEMENT DISTRICT Mayor Goldsmith stated he had pulled this item from the Consent Calendar. Staff report by City Manager Bowersox. At the Janaury 10, 1991 workshop, the Council reviewed the final recommendation of the Clean Water Program Governance Advisory Group for the formation of a Special Act District to implement the Clean Water Program. Special legislation is required to form the regional agency. Staff recommends approval of the legislative package. Mayor Goldsmith stated that a request had been received from the City of Chula Vista regarding amendments to the Special Act District legislation to allow for withdrawal from the district within one year without penalty, and that costs should be borne by the City of San Diego for expansion of their sewage plant to original design capacity. Council concurred with the amendments, except the one year withdrawal should be that on or before any bonds are sold, whichever comes first. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the San Diego Area Wastewater Management District legislative package with amendments. Motion carried unanimously. ITEM 21 CITY MANAGER ITEMS City Manager Bowersox stated that the City/Redevelopment Agency have closed escrow on the purchase of Poway Royal Mobile Estates. ITEM 22 CITY ATTORNEY ITEMS City Attorney Eckis stated that he is requesting a closed session under Government Code §54956.9{a} to discuss pending litigation, Poway vs. City of San Diego. 4038 Page 6 - CITY OF POWAY - January 15, 1991 MAYOR AND CITY COUNCIL-INITIATED ITEMS 23. Councilmember Emery asked about enforcement of the City's campaign ordi- nance, specifically regarding an action brought by the Fair Political Practices Commission accusing Richard Kuebler, a local developer, of violating the Political Reform Act during the 1988 General Municipal Election. City Attorney Eckis stated that a request for investigation of the same matter resulted in a decision in early 1990 from the City's special prosecu- tor that the results of the investigation did not warrant prosecution. He stated that he will inquire of that attorney in light of the recent allega- tions by the FPPC and report back to Council. Jerry Hargarten, 13622 Orchard Gate Road, stated he was in favor of increasing enforcement effectiveness of the current ordinance. Following discussion, Council directed the City Attorney to review the cam- paign ordinance and report back regarding including civil enforement provi- sion, provision for recovery of attorney fees, and the status of the FPPC prosecution. ITEM 7 1990 REVISED & UPDATED URBAN WATER MANAGEMENT PLAN Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. State law requires urban water suppliers to prepare and update an Urban Water Management Plan. Staff has prepared the revised and updated Urban Water Management Plan for 1990 which includes the City's water conservation measures and alternatives for the future. Staff recommends approval. Council concurred to amend the plan to include the San Pasqual water reclamation facility in planning for the North Poway area. Motion by Councllmember Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Resolution No. 91-008 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting Its Revised and Updated Urban Water Management Plan." Motion carried unanimously. ITEM 8.1 WATER CONSERVATION Introduction by City Manager Bowersox. Staff report by Public SerVices Director Archibald. The Metropolitan Water District has called for a Stage III water cutback for member agencies effective February 1, 1991. The San Diego County Water Authority has combined the recommended 30% cutback for agricultural users and the 10% cutback for residential, commercial and industrial users into a melded reduction of 15% for all users. Staff has been monitoring water 4039 Page 7 - CITY OF POWAY - January 15, 1991 consumption since the City's Stage II Water Alert was declared on May 1, 1990, and feels that the 15% cutback can be achieved by increasing the public aware- ness and enforcement of the Stage II mandatory water conservation requirements. Staff recommends increasing the water conservation education efforts. Speaking in favor of staff recommendation: Linda Brannon, 14440 Midland Road, Poway's San Diego County Water Authority representative, spoke regarding implementing water conservation educa- tional programs. Bill Barnick, 14645 Sunrise Canyon Road, spoke regarding water conservation. Following discussion, motion by Councilmember Emery, seconded by Councilmember Higginson, to direct staff to: increase the water conservation education efforts in order to obtain the 15% water cutback imposed by the San Diego County Water Authority, utilizing articles in Poway Today, mailout to all water custo- mers, press releases, coordination of efforts within the schools, public demonstration projects of drought tolerant species and low water use irrigating techniques; pursue Prop. C policy committee endorsement of linking development to water availability; and support Metropolitan Water District delay in increasing water charges until after the summer months. Motion carried unani- mously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23. Councllmember Emery's item regarding Campaign Ordinance was considered earlier in the meeting. 24. Councllmember Higglnson announced the League of California Cities' Council/Manager forum will be held February 23, 1991 at the Rancho Bernardo Inn, 26. Councilmember Snesko requested staking for a doubles and singles tennis court be done prior to considering a rehearing for Variance 90-12 in order for the Council to visualize the request. 27. A. Mayor Goldsmith stated he would serve on the Poway/Santee Sphere of Influence Council Subcommittee replacing former Councilmember Brannon. Mayor Goldsmith stated that he was appointing Dennis Shirrel and Diane Rath as the Chamber of Commerce appointments to the Business Advisory Committee and Vicki Lazowski and Jim Faaborg, appointed last week, will be the two of the three special one-year appointments. The third is Rex Brown, representing the South Poway Business Park. CLOSED SESSION Mayor Goldsmith called for a closed session at 9:06 p.m. as requested by the City Attorney. 4040 Page 8 - CITY OF POWAY - January 15, 1991 Mayor Goldsmith called the meeting back to order at 9:13 p.m. with all Councilmembers present except for Councilmembers Emery and Higginson, and stated that no action was taken in closed session regarding pending litigation. Upon motion by Councilmember Mclntyre, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., Thursday, January 17, 1991. The time of adjournment was 9:15 p.m. Marjori/e ~. Wahlsten, City Clerk City oPi~i~i~i~i~i~i~i~i~ay 4041 NOTICE NOTICE IS HEREBY GIVEN THAT THE JANUARY 15, 1991, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ~RDER OF AD,)(XIRNNENT Upon motion by Councilmember McIntyre, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned to 4:30 p,m,, Thursd~, ~anu~ry 17, 1991 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:15 p.m. Marjori~ K~. Wahlsten, City Clerk City of P~,~ay, California Dated: January 16, 1991 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 January 16, 1991 Marjori(e ~ Wahlsten, City Clerk City o Pt'L~ay, California