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CC 1991 02-26CITY OF P(W~Y, C~.IFORNIA #IHOTE$ OF THE CITY COIJ~IL REGOIJ~ FEBRUARY 26, 1991 The February 26, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:33 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COU~IL#ENBER$ PRESENT ATROLLCALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF 14ENBER$ PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Alan Archibald Mark Sanchez Steve Streeter Dave Bliss Yolonda Collins Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Public Services Director of Safety Services Assistant Director of Planning Services Sheriff's Captain Sheriff's Lieutenant Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESEHTATION Mayor Goldsmith presented plaques to outgoing Committee members Bob Imler, Business Advisory Committee, and Hank Acquarelli, Parks & Recreation Advisory Committee, and commended them for their service to the City. He also commended George Andreos, Business Advisory Committee, and Donald Nunn, Brian Herz and Lois Downs, who all served on the Redevelopment Advisory Committee, and were not able to be present to accept their plaques. PUBLIC ORAL Mayor Goldsmith explained the procedure for Public Oral Communications. Donald Park, 12726 Metate Lane, cited an accident which took place last Friday night when a truck ran onto his property and requested the City do something to reduce the speed on this road. City Manager Bowersox stated the Engineering Department is working on this issue and will be reporting back to the City Council. 4081 Page 2 - CITY OF POWAY - February 26, 1991 9 Michael Steinell, 12714 Metate Lane, also spoke about traffic on Metate Lane. Howard Stacklin, 13149 Tobiasson Road, spoke about the opening of Pomerado Road and traffic circulation in general in the city; the need for a larger library in Poway; his desire to stop growth because of the need for water conservation; and his inability to locate Poway's civil laws. Mayor Goldsmith requested staff mail Mr. Stacklin a copy of the Transportation Task Force report. City Manager Bowersox stated the Municipal Code is available in the City Clerk's Office as well as the Library. City Attorney Eckis stated there will be another court hearing regarding Pomerado Road in March. Mayor Goldsmith introduced Dave Bliss and welcomes him to Poway as our new Sheriff's Captain. CONSENT CALENDAR Motion by Councllmember Higglnson, seconded by Councilmember Emery, to adopt the Consent Calendar as follows: Approval of Minutes - City Council: February 5, 1991, Regular Meeting February 7, 1991, Adjourned Regular Meeting 10. Ratification of Warrant Register for February 7, 1991. 11. Approval of City's Investment Report for January 31, 1991. 12. Adoption of Resolution No. P-91-14, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 91-05" for the Inamori LPGA Golf Classic to be held at StoneRidge County Club on March 3-10, 1991. 13. Adoption of Resolution No. P-91-15, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review 91-01, Assessor's Parcel Number 275-470-22," for a 5,112 square foot house and 770 square foot detached pool house located at 15638 Boulder Mountain Road in the Hillside/Ridgeline area; Helen and Lyle Arnold, applicants. 14. Adoption of Resolution No. 91-019, entitled, "A Resolution of the City Council of the City of Poway, California, Granting a Utility Easement and Right-of-way to San Diego Gas & Electric Company at the Welton Reservoir Site." 4082 Page 3 - CITY OF POWAY - February 26, 1991 15. Approval of final map for Tentative Parcel Map 84-04, Antoine and Carol Georges, applicant; located on the south side of Dos Amigos Road approxima- tely 550 feet south of Millards Road; acceptance of certain easements and public improvements; and adoption of Resolution No. 91-020, entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-02A with Written Consent of all Property Owners." 16. Acceptance of the Avenida Florencla and Camlno del Valle Street and Storm Drain Improvements from Papac Corporation and authorizing the City Clerk to file a Notice of Completion. 17. Approval of sale of computer-aided dispatch equipment to the San Diego County Sheriff's Department to be kept at the Poway Station and maintained by the County. 18. Approval of the following positions on pending legislation: support SB 169 which would repeal provisions of SB 2577 which authorized counties to impose booking fees; and charge for the collection of property taxes; oppose SB 203 which expands the provisions of SB 2577; oppose AB 315 which requires an increase in low and moderate income housing requirements for Redevelopment Agencies; support SB lX and SB 5X which eliminates sales tax exemptions on certain items such as candy and newspapers. 18.1 Approve agreement to lease a portion of the Poway Completed Landfill from the County of San Diego. 18.2 Adoption of Resolution No. 91-021, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing All Way Stop Controls at the Intersection of Lake Poway Road and Riparian Road." Motion carrled unanimously. ITEM 5 VARIANCE 90-12/MINOR DEVELOPMENT REVIEW 90-79 APPLICANT: LEROY MARTEN Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Assistant Director of Planning Services Streeter. On January 15, 1991, the City Council approved this request for a variance of seven feet from the required front yard setback for a doubles tennis court at 13959 Arbolitos Drive. In response to a request from the public, the City Council concurred to rehear this item. The major issue is the aesthetic impact of reduced screening which was required to maintain visibility for the pedestrian pathway that will adjoin this property. Following presentation by Karen VanHensbergen during last week's Public Oral Communications where she presented pictures of an existing court surrounded by a stucco wall on Carriage and Pequot staff would suggest a wall as an option. Staff recommends approval. 4083 Page 4 - CITY OF POWAY - February 26, 1991 Speaking in opposition to staff recommendation: Theresa Andre, 13744 Silverlake Larry Cruse, 13734 Utopia Road Council clarified that a singles court would be allowed by right on this property. Motion by Councilmember Snekso, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-91-16, 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," as amended to require a six foot stucco wall on the street side, eliminate the prohibition on wind screening; and require perimeter landscaping in order to introduce trees on the west side. Motion carried unanimously. ITEM 6 CONDITIONAL USE PERMIT 90-14/VARIANCE g0-10 DEVELOPMENT REVIEW 90-15 APPLICANT: JIM AND ROBERT FAABORG Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Assistant Director of Planning Services Streeter. This is a request to construct a 5,45D square foot auto body repair shop at 14211 Garden Road, replacing an existing facility. Staff recommends variances for the wall sign since the structure is below street grade, and the required front setback as it pertains to parking. Speaking in favor of staff recommendation: Don Patch, 14005 Midland Road, representing the Faaborgs Peter Neild, 13131 Garden Way, whose property is adjacent on the south. He asked about relinquishing access to Golden Way. City Manager Bowersox stated access would only be relinquished when alternate access is available. Motion by Councllmember Snesko, seconded by Councilmember Higginson, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-91-17, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 90-14, Variance 90-10, and Development Review 90-15, Assessor's Parcel Number 323-270-19." Motion carried unanimously. ITEM 7 WATER AVAILABILITY Staff report by City Manager Bowersox. He apologized for late distribution of staff report, however, this report is a result of the meeting held yesterday of the Water Authority Executive Committee to instruct their representatives to the 4084 Page 5 - CITY OF POWAY - February 26, 1991 Metropolitan Water District. It now appears we may have to respond to a 50 percent reduction in water supplies and staff has prepared a Drought Response Plan for Council's consideration. Llnda Brannon, Poway's representative to the San Diego County Water Authority reported on the CWA's Executive Board and stated there will be a special Board meeting on March 7 to take whatever action is necessary to deal with the water cutbacks. Council discussion with staff and Mrs. Brannon included asking the Health Department to relax requirements for the use of grey water; need for regional, uniform effort to address this problem; proposed penalty pricing referred to as "Santa Barbara pricing schedule" where amounts over baseline are billed at 25 or 26 times the baseline; desire to bill per person, not per household; need to turn off all city sprinklers on turf areas, except active park areas; impact of declaring a state of emergency; possibility of purchasing package sewage treat- ment that could produce non-potable water suitable for construction water. Lyle Arnold, 15638 Boulder Mountain Road, requested the City Council take lot size into consideration when establishing allocations. He owns 28 acres with 300 trees. Motion by Councllmember Emery, seconded by Councilmember Higginson to direct staff to proceed with plans for the Drought Response Team proposed by the City Manager; prepare an allocation plan with an inclining block rate structure; and prepare the ordinances necessary to implement 30 percent, 40 percent and 50 percent reductions, and making our water stages consistent with the Metropolitan Water District's. Motion carried unanimously. ITEM 7.1 AGREEMENT WITH McMILLIN REGARDING ALTERNATE 8A City Manager Bowersox stated this item was not ready and needs to be continued. Motion by Councilmember Emery, seconded by Councilmember McIntyre to continue consideration of an agreement with McMillin Communities to March 5, 1991. Motion carried unanimously. ITEM 19 CITY MANAGER ITEMS The Council tentatively set June 18, 1991, for the CalMat Conditional Use Permit hearing date; however, City Attorney Eckis will be out of town and they concurred to attempt to find a date in July when everyone will be available. 4085 Page 6 - CITY OF POWAY - February 26, 1991 ITEM 20 CITY ATTORNEY ITEMS City Attorney Eckis stated he is requesting a closed session pursuant to Government Code Section 54956.9{a) to discuss pending litigation, City of Poway vs. City of San Diego, and Smith vs. City of Poway. City Attorney Eckis also requested the City Council make findings to have a closed session under Section 54965.9b)(1} that on the advice of the City Attorney, existing facts and circumstances suggest that a significant exposure to litigation exists. Motion by Councilmember Emery, seconded by Councilmember McIntyre that such threat of litigation exists to hold a closed session. Motion carried unanimously. 14~YOR AND CITY COUtEIL-INITIATEO ITEI~ 25. A. Mayor Goldsmith suggested Councilmember McIntyre be appointed as a second alternate to the San Dieguito Regional Open Space Park Joint Powers Authority. Motion by Councilmember Emery, seconded by Councilmember Higginson to approve the appointment. Motion carried unanimously. Mayor Goldsmith stated that since Linda Brannon had left the Council, he has been attending the meetings of the Clean Water Program Governance Advisory Group as the alternate; however a representative needs to be appointed. Motion by Councilmember Emery, seconded by Councilmember Snesko, to appoint Mayor Goldsmith as the representative and Councilmember Mclntyre as the alternate to GAG. Motion carried unanimously. Ce Mayor Goldsmith reported on the February 22, 1991 SANDAG meeting. Because the County Landfill located in San Marcos will be at capacity in June, the County has applied for a Conditional Use Permit to expand the operation. San Marcos is placing impact, or "host" fees as a con- dition of approval. These fees, of course, will be passed on to users. Mayor Goldsmith also distributed the transportation control measures which will be part of the Regional Growth Management Plan. He requested the Council review them and that staff explore funding options for implementing any of them. De Mayor Goldsmith stated the issue of a "water summit" was discussed under Item 7. 4086 Page 7 - CITY OF POWAY - February 26, 1991 Eo City Manager Bowersox stated he will have a report to the City Council regarding the impact of the booking fee on our budget. Council con- curred with his proposal to have a meeting with other contract cities and discuss possible litigation. CLOSED SESSION Mayor Goldsmith called for a closed session at 10:25 p.m. Mayor Goldsmith called the meeting back to order at 11:54 p.m., and announced that no action had been taken in closed session. Upon motion by Councilmember Higginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., February 28, 1991. The time of adjournment was 11:55 p.m. Marjoriq K~ Wahlsten, City Clerk City of ~o~ay 4O87 NOTICE NOTICE IS HEREBY GIVEN THAT THE FEBRUARY 26, 1991, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF AO~OURHNEFIT Upon motion by Councilmember Hlgginson, seconded by Councilmember McIntyre, Mayor Goldsmith ordered the meeting adjourned to 4:30 p.m., Thursday, Febru&ry 28, 1991 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:55 p.m. Marjori~ l~. Wahlsten, City Clerk City ofk~R~way, california February 27, 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 February 27, 1991 Marjori/e ~. Wahlsten, City Clerk City off,way, California