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CC 1991 03-12 CITY OF PO~AY, CALXFOR#~A #IHUTE$ OF THE CITY ~AJI~IL REGULAR NEb'TING The March 12, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:10 p.m., by Mayor Goldsmith at the Poway Community Center, 13094 Bowron Road, Poway, California. COUttCIL#ENGER$ PRL:~EHT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF NEI~ER$ PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Alan Archibald Steve Streeter Mike Robinson Peter Moote Janls Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Assistant Director of Plannlng Services Traffic Engineer Management Analyst Management Asslstant PLEDGE OF ALLEGIAI~E Deputy Mayor Emery led the Pledge of A11eglance. PRESENTATION Mayor Goldsmith announced that the presentations scheduled for this meeting will either be continued or removed from the calendar because of the length of the meeting. PUBLIC ORAL CONNUNICATION$ Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present to speak: 1. David Rinaldo, 13035 Corona Way, asked for a meeting to be scheduled with Councilmembers Emery and Snesko and the Poway Royal Mobile- home Park Homeowners Association. City Manager Bowersox stated that it will be scheduled soon, 4097 Page 2 - CITY OF POWAY - March 12, 1991 Howard Stacklin, 13149 Tobiasson Road, spoke regarding several items: a) whether the City Attorney can file a class action suit against the City of San Diego on behalf of the citizens of Poway for keeping Pomerado Road closed; b) why we have a mandate to provide low and moderate-income housing; and c} why the city landscaped the medians on Carriage Road in the face of a drought. City Attorney Eckis stated he is not authorized to file class action suits on behalf of the citizens of Poway. Michael McFarland, 14455 Ipava Drive, stated the city needs to do a better job of long range planning. Bill Kirwan, 834 Robert Lane, Encinitas, stated he owns two acres in Poway and asked if building permits will still be issued. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember McIntyre, to adopt the Consent Calendar as follows: 12. Approval of Minutes - City Council: February 19, 1991, Regular Meeting February 21, 1991, Adjourned Regular Meeting 14. Ratification of Warrant Register for February 21, 1991. 15. Denial of claim for damages from Mary Ann Altaffer. 16. Approval of revised rate schedule for Boyle Engineering, Inc. 17. Release of grading security for Twin Peaks Plaza Phase III, R&R Partners, applicant. 18. Acceptance of improvements and release of securities for Tentative Tract Map 88-09, Sunland Con~nunities, applicant; located east of the westerly city limits, south of Colony Drive. 19. Acceptance of Pomerado Road landscaping project from JHP Construction, Inc. 20. Adoption of Resolution No. 91-025, entitled, "A Resolution of the City Council of the City of Poway, California Establishing a No Parking Zone on Oak Knoll Road Westerly of Pomerado Road." 21. Removal from calendar of agreement with StoneRidge Country Club for untreated water from San Diego County Water Authority aqueduct. 4098 Page 3 - CITY OF POWAY - March 12, 1991 22. Award of bid for landscape maintenance services for the Poway Center for the Performing Arts to Pacific West Landcare in the amount of $5,291. 23. Approved the following positions on pending legislation: support SB 169 which repeals SB 2557's provisions authorizing counties to charge agencies for booking fees and administering property taxes; oppose AB 315 which would increase the percentage of tax increment revenues required to be used for low and moderate income housing; support SB lX and SB 5X which would eliminate special interest sales tax exemptions. Motion carried unanimously. ITEM 5 COUNTY USE PERMIT P-73-130M3W APPLICANT: CALMAT-POWAY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to extend the special use permit expiration for CalMat's operation from March 22, 1991 to August 22, 1991. The public hearing will be held July 23, 1991 when all Councilmembers and the City Attorney will be present. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember McIntyre to close the public hearing and adopt Planning Resolution No. P-91-19, entitled, "A Resolution of the City Council of the City of Poway, California, Approving an Extension of County Special Use Permit P-73-130M3W, Assessor's Parcel Numbers 320-031-03, 04, 06." Motion carried unanimously. ITEM 6 ENVIRONMENTAL ASSESSMENT MIDLAND ROAD DRAINAGE IMPROVEMENTS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Phase I of the Midland Road drainage improvements proposes the installation of drainage facilities in Midland Road from Agsten Lane to Poinsettia Mobilehome Park with appurtenant structures under Somerset Road and the west side of the First Baptist Church. Staff recommends issuance of a Negative Declaration. Speaking in opposition to staff recommendation: Chris Connelly, 13639 Agsten Lane, asked about disruption of his leach field by the project and the effect on his drainage because of the construc- tion of a retaining wall. 4099 Page 4 - CITY OF POWAY - March 12, 1991 Following discussion, motion by Councilmember Higginson, seconded by Councilmember Snesko to close the public hearing and issue a mitigated Negative Declaration with assurances to Mr. Connelly that any damage done during construction will be corrected. Motion carried unanimously. ITEM 7 ORDINANCE NO. 335 - FIRST READING WATER-CONSERVING TOILETS IN NEW CONSTRUCTION Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 335, "An Ordinance of the City of Poway, California, Amending Chapter 15.12 of the Poway Municipal Code to Require Water-Conserving Toilets in New Construction." Staff report by City Manager Bowersox. There is legislation requiring water conserving toilets in new construction effective January 1, 1991. In light of the current water crisis, staff proposes that these regulations be adopted iFF~)ediately. There was no one present wishing to speak. Motion by Councllmember McIntyre, seconded by Councilmember Snesko, to waive further reading, and continue the public hearing to March 26, 1991 for second reading. Motion carried unanimously. ITEM 8 WATER AVAILABILITY STATUS REPORT Mayor Goldsmith explained the source of Southern California's water and talked about some of the rumors going through the con~nunity. He stated there is not a proposal for rationing and Poway's citizens are not being treated any dif- ferently than any others in the County except Poway proposes a water rate based on the number of persons in the household rather than just per household. He also stated he is proposing a 5 point regional program, including: 1) promoting a state water program, including the peripheral canal; 2) encouraging the San Diego region to take an aggressive role in reducing the red tape to implement water reclamation; 3) encouraging the region to put pressure on the state to have an incentive program for agriculture water conservation; 4} encouraging the health department to explain how greywater can be safely used; 5} exploring a joint powers authority to manage all the water in the region. Motion by Councilmember Emery, seconded by Councilmember Higginson to authorize Mayor Goldsmith to pursue his five point program. Motion carried unanimously. 4100 Page 5 - CITY OF POWAY - March 12, 1991 Item introduced by City Manager Bowersox. Staff report by Director of Administrative Services Stewart. She stated that seventy percent of the water used in Poway is for residential uses and reviewed the proposed reductions in various service types to achieve an overall fifty percent reduction in consump- tion. The proposal includes a graduated lifeline amount for residential and multiple family dwellings based upon the number of people per household and a block rate structure for consumption above the lifeline; a percentage baseline for all other service types and a block rate structure for consumption above the baseline; with a reserve of approximately five percent as a contingency for emergencies such as firefighting. Linda Brannon, Poway's representative on the San Diego County Water Authority, reviewed the three ordinances which have been presented to the Authority by their staff. One of these ordinances, or a version thereof, will be adopted on Thursday, March 14. She stated there appears to be unanimous support for the twelve use prohibitions and the requirement that they be adopted by all water agencies. Speaking in favor of staff recommendation: Pat Cook, 14116 Donart Drive Philip Butzen, 12630 Monte Vista REt~E~ AND ~ALL TO OROER Mayor Goldsmith called for a recess at 9:00 p.m., and called the meeting back to order at 9:10 p.m., with all Councilmembers present. Speaking in opposition to staff recommendation: Sean McNelley, 14608 Bowdoin Road Bernard Cutter, 13614 Starridge Street Robert Prosek, 15091 Huntington Gate Drive Gordon Meyer, 14302 Sand Hill Road, Chairman of the Landscape Maintenance Advisory Committee Speaking in favor of staff recommendation: Lynette Perkes, 15832 Lime Grove Road Speaking in opposition to staff recommendation: Marjorie Pyatt, 15207 Hilltop Circle Donald Clyncke, 13973 Ipava Drive Alan Sugarman, 13385 Fallen Leaf Road, President of the Green Valley Civic Association Lyle Arnold, 15639 Boulder Mountain Road Scott Jenkins, 14765 Kalapana Street Howard Stacklin, 13149 Tobiasson Road Jerry Hargarten, 13622 Orchard Gate Ric Crisp, 7966 Arjons Drive, San Diego, representing the California Landscape Contractors Association 4101 Page 6 - CITY OF POWAY - March 12, 1991 Speaking in opposition to staff recommendation: (continued) Felix Knebel, 17264 Tam O'Shanter Drive Greg LaVay, 14395 Ipava Drive Nell Larson, 14692 Espola Road Bill Casler, 17257 Tam O'Shanter Larry Gerhard, 13451 Sum-nit Circle Keith Matson, 12948 Lomas Verdes Drive Dan Beggs, 14846 Espola Road Jim Stanton, 14586 Garden Road Michael McFarland, 14455 Ipava Drive Earl Rawlings, 14694 High Valley Road Jim Keeley, 15815 Riparian DeAnne Erickson, 15051Vali Hal Road Mary Shepardson, 13815 Johannesberg Drive #1, President of the Poway Valley Riders Association Allison Farrin, 15134 Oak Canyon Road David Chanover, 13129 Wildflower Lane Speakers expressed concern over obtaining sufficient water for livestock and trees; opposition to the City making money from this pricing structure or dic- tating how the water is to be used; and requested that larger properties be allowed more water. R~E,~ AND ~ALL TO ORDER Mayor Goldsmith recessed the meeting at 11:00 p.m., and called it back to order at 11:10 p.m., with all Councilmembers present. Council discussion included consensus to look at some allocation based on lot size as long it does not unduly burden the small lot owner; need for greater penalty pricing with reward for real conservers; consensus to have some allocation for livestock. Motion by Councilmember McIntyre, seconded by Councilmember Higginson, to continue consideration of the pricing structure to March 19, 1991. Motion carried 4-0 with Councilmember Emery out of the room at the time of the vote. Council declined to give direction to Linda Brannon regarding new service commitments, but requested that the language be clarified. ITEM 9 ROAD BUMPS ON CARRIAGE ROAD AND SADDLEWOOD DRIVE Staff report by City Manager Bowersox. On July 17, 1990, the City Council approved the installation of road bumps on Carriage Road and Saddlewood Drive on an experimental basis and requested a status report in six months. The Traffic Safety Committee recommends that the City Council approve the continued use of the existing bumps and consider proposed criteria which should be met prior to installation of bumps in other locations. 4102 Page 7 - CITY OF POWAY - March 12, 1991 Speaking in favor of staff recommendation: Rob Sorensen, 13873 Carriage Road Wendy White, 13987 Carriage Road Moreno White, 13987 Carriage Road Sharon Douglas, 13961 Carriage Road Speaking in opposition to staff recommendation: Ron Youngren, 13952 Carriage Road Gina Youngren, 13952 Carriage Road The Youngrens requested removal of the bump in front of their home. Motion by Councllmember Higginson, seconded by Councilmember Emery to approve staff recommendation with request to the Traffic Safety Committee to look at ways to prevent cars going up on the sidewalk to avoid the speed bumps, request to the Sheriff's Department to clarify comments they made regarding the safety of the bumps, and request to PUSD to minimize use of this route by school buses, if possible. Motion carried unanimously. ITEM 10 ESPOLA ROAD TRUCK ROUTE Staff report by City Manager Bowersox. The Transportation Advisory Committee has reviewed an updated study of the Espola Road Truck Route and recommends that it remain a truck route until SR56 is open; however comparison of the two stu- dies shows that traffic volume has been reduced on Espola Road, possibly as a result of the widening of Twin Peaks between Midland and Espola Roads. Following discussion, motion by Councilmember Higginson, seconded by Council- member Emery to delete Espola Road as a truck route now, and not wait for the completion of SR56. Howard Stacklin, 13149 Tobiasson Road, requested that Espola Road remain a truck route. Motion carried 4-1 with Councilmember Snesko voting "no." ITEM 11 REDEVELOPMENT ADVISORY COMMITTEE REPORT Staff report by City Manager Bowersox. The Redevelopment Advisory Committee is recon~ending four projects for the 1991-91 neighborhood improvement project: water line and fire hydrant on Agsten Lane; fire hydrant on Boulder View Drive; water line and fire hydrant on Janette Lane; and water and sewer lines and fire hydrants on York Avenue south of Aubrey Street. 4103 Page 8 - CITY OF POWAY - March 12, 1991 Motion by Councilmember Higgtnson, seconded by Councilmember Emery to adopt Resolutions No. 91-026 through 91-029 determining these public improvements to be of benefit to the Paguay Redevelopment Project; appropriating an additional $15,000 to the 1991-1991 program; and authorizing the expenditure of $43,207.45 from the Neighborhood Improvement budget on project 5242, Garden Road improve- ments. Motion carried unanimously. ITEM 11.1 AGREEMENT WITH MCMILLIN COMMUNITIES City Manager Bowersox stated this item is not ready to consider and requested continuance to March 19, 1991. Motion by Councllmember Emery, seconded by Councilmember Higginson to continue this item to March 19, 1991. Motion carried unanimously. ITEM 24 CITY ATTORNEY ITEMS City Attorney Eckis requested that an closed session be added to the agenda and that the City Council make the findings that the need to consider this item has arisen within the past 72 hours. He stated that the City has received a settle- ment offer from the City of San Diego regarding Pomerado Road and this makes it necessary to hold a closed session. Motion by Councilmember McIntyre, seconded by Councilmember Higginson to hold a closed session pursuant to Government Code Section 54956.9{a}, pending litiga- tion, in the case of City of Poway vs. City of San Diego and find that the need to hold this closed session has arisen within the past 72 hours. Motion carried unanimously. Mayor Goldsmith recessed the meeting into a closed session at 1:00 A.M. and called the meeting back to order at 1:10 A.M. and stated they had instructed the attorney in closed session. #AYOR AgO CiTY COUNCIL-Z#iTZATED ZTEItS Mayor Goldsmith instructed the City Clerk to continue items 26B and 30A to the next meeting and remove items 26A and 30B from the agenda. 4104 Page 9 - CITY OF POWAY - March 12, 1991 Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 1:15 a.m. Marjorie(K. \Wahl City of Pq~y 4105