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CC 1991 04-30CITY OF P(NRY, CALIFORNIA #INUTE~ OF THE CITY CIXI~IL REGULAR NEETING APRIL 30, 1991 The April 30, 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. COUNCIU4E#BER$ PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF #EIMER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Steve Streeter Garry MacPherson Penny Riley Pamela Colby Peter Moote Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Conmunity Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Assistant Director of Planning Services DART Project Manager/Battalion Chief DART Asst. Project Manager/Asst. Planner Management Analyst Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORJ~L CtX~NUHICATION$ Mayor Goldsmith explained the procedure for Public Oral Communications. Orval Hill, 13001Bowron Road, requested to work on carpooling. City Manager Bowersox stated he will be put in contact with the Commuter Computer organization. 4157 Page 2 - CITY OF POWAY - April 30, 1991 PRC~Ud4~T~ Mayor Goldsmith presented a proclamation declaring May, 1991 "Shop Poway Month" to Dennis Shirrel, President of the Poway Chamber of Commerce. Mr. Shirrel presented a poster entitled "Sharing the Good Life" introducing the new marketing campaign being put on jointly by the City and the Chamber, and invited everyone to attend the Chamber's street fair to be held on Midland Road on May 26, 1991. CONSENT CALENDAR Motion by Councllmember Emery, seconded by Councilmember Higginson, to adopt the Consent Calendar as follows: 12. Ratification of Warrant Register for April 11 1991. 13. Acceptance of site improvements, concession remodel and addition at Lake Poway from Southwest Construction & Millwork, Inc. 14. Continue approval of Tentative Parcel Maps 91-02 and 91-03 to May 7, 1991. 15. Approval of acquisition agreement and storm easement from First Baptist Church of Poway for Midland Road storm drain project. 16. Approval of city's investment report for March 31, 1991. 16.1 Adoption of Resolution No. 91-041, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the San Diego Abandoned Vehicle Abatement Service Authority." 16.2 Authorization to expend $24,000 in Transit Development Act funds for a bicycle trail study for the San Dieguito River Valley Open Space Park. {The City Council is acting in its capacity as a pass-through agency as approved by Resolution No. 90-208.) Motion carried unanimously. ITEM 5 ORDINANCE NO. 336 DECLARING A WATER SHORTAGE Mayor Goldsmith read the title of Ordinance No. 336, "An Ordinance of the City of Poway, California, Declaring a Water Shortage and Establishing Rules, Regulations, and Restrictions So That Available Water Supplies are Allocated for the Greatest Public Interest and Benefit." 4158 Page 3 - CITY OF POWAY - April 30, 1991 Item introduced by City Manager Bowersox. All water agencies have a mandated 20% cutback in supplies from the County Water Authority as set forth in their Ordinance 91-2. Staff has prepared an Ordinance setting forth rules and regula- tions to help meet the necessary conservation goals, together with a Resolution setting water rates in three tiers. Director of Public Services Archibald reviewed the Ordinance and stated the regulations are similar to the Stage II Water Alert that has been in effect for one year. Director of Administrative Services Stewart reviewed the Resolution's rate structure. Speaking in opposition to staff recommendation: Ed Malone, 9555 Genesee Avenue, San Diego Ernest Winkler, 149D6 Eastvale Road Both speakers expressed concern regarding the effect on agriculture. Mayor Goldsmith pointed out the cutbacks mandated by the Metropolitan Water District were 50% for agriculture and 20% for other uses. The County Water Authority originally planned to meld them into a 30% overall cutback, but decided to draw 10% from reservoirs and implement a 20% overall cutback and agriculture has been assisted by this method. Motion by Councllmember Snesko to not implement any penalty pricing if the city stays within its mandated conservation limits. There was no second to the motion. Staff pointed out two changes to the ordinance. On page 1, definition A. "Agricultural Users" means users of water billed at the agriculture and agricultural/domestic user rate for 1989-90. On page 3, hours of watering golf course greens should be 6:00 p.m. to 10:00 a.m. Following discussion, motion by Councllmember Emery to direct staff to explore ways to assist the major commercial agricultural users providing it's not at the expense of other classifications of users. Motion seconded by Mayor Goldsmith and carried unanimously. Motion by Councilmember Emery, seconded by Mayor Goldsmith, to close the public hearing, waive further reading and adopt Ordinance No. 336 with Resolution No. 91-042 as an attachment, and directed staff to prepare an incentive program for conservation and explore establishing a cap on water usage beyond which a flow restrictor would be installed. Motion carried unanimously on a roll call vote. ITEM 6 ORDINANCE NO. 337 - SECOND READING CAMPAIGN CONTRIBUTIONS Mayor Goldsmith read the title of Ordinance No. 337, "An Ordinance of the City of Poway, California, Amending Chapter 2.28 of the Poway Municipal Code Regulating Campaign Contributions and Expenditures." There was no one present wishing to speak. 4159 Page 4 - CITY OF POWAY - April 30, 1991 Motlon by Councllmember H1gginson, seconded by Councilmember Emery, to close the public hearlng, walve further reading and adopt Ordinance No. 337. Motion carried unanimously on a roll call vote. ITEM 7 ORDINANCE NO. 338 - FIRST READING PETITION CIRCULATION Mayor Goldsmith read the title of Ordinance No. 338, "An Ordinance of the City of Poway, California, Adding Chapter 2.30 of the Poway Municipal Code Relating to Municipal Election Petition Circulation." Staff report by City Manager Bowersox. This was first introduced on April 16. At that meeting certain changes were made by the City Council and subsequent to the meeting by the City Attorney. It is recommended that the City Council hold another first reading since the changes are considered substantive. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Higginson to waive further reading and continue the public hearing to May 7, 1991 for second reading. Motion carried unanimously. ITEM 7.1 TENTATIVE PARCEL MAP 91-02 APPLICANT: CITY OF POWAY OWNER: BANK OF SAN DIEGO TRUST Item introduced by City Manager Bowersox. This is a request for a division of 2.5 acres at the southwest corner of Pomerado Road and Camino del Norte and is being done as part of the settlement agreement between the City and San Marcos Development Company. City Attorney Eckis stated he had met with the owners today and since the exact plot plan for the child care center they propose on this site has not been finalized, staff recommends, and they concur, that the tentative parcel map come forward together with the conditional use permit for the property. This requires that the the matter be removed from the calendar. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to remove consideration of Tentative Parcel Map 91-02 from calendar and have it brought back with the Conditional Use Permit for a child care center. Motion carried unanimously. 4160 Page 5 - CITY OF POWAY - April 30, 1991 ITEM 7.1 TENTATIVE PARCEL MAP 91-02 APPLICANT: CITY OF POWAY OWNER: BANK OF SAN DIEGO TRUST Item introduced by City Manager Bowersox. This is a request for a division of 1.9 acres at the northwest corner of Pomerado Road and Camino del Norte and is being done as part of the settlement agreement between the City and San Marcos Development Company. City Attorney Eckis stated there are two conditions that need to be amended. The standard condition requiring a Statement of Understanding within 30 days should be changed to "before approval of the final map," and a Consent to Annexation to the Landscape Maintenance District must be signed before approval of the final map which is scheduled for the next meeting. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councllmember Snesko, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-gl-26, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 91-03, Assessor's Parcel Number 314-682-22," as amended by staff. Motion carried unanimously. ITEM 8 TENTATIVE TRACT MAP 89-05 APPLICANT: FAMSTE INVESTMENT Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to subdivide 75 acres into 13 lots at the northwest and northeast corners of Poway and Espola Roads. The property on the east side of Espola Road will become permanent open space. Staff recommends approval. Speaking in opposition to staff recommendation: Michael Rothbart, 14441 Range Park Road. Speaking in favor of staff recommendation: Randy Wllkins, 14617 Acton Court, Chairman of the Transportation Advisory Committee Frank Fitzpatrick, 350 W. 9th, Escondido, Manitou Engineering. Following discussion, motion by Councilmember Emery, seconded by Councilmember Snesko, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-91-27, entitled, "A Resolution of the City Council of 4161 Page 6 - CITY OF POWAY - April 30, 1991 the City of Poway, California, Approving Tentative Tract Map 89-05, Assessor's Parcel Number 321-200-44, 47," amended to prohibit the CC&R's from restricting horses and clarifying encouragement of Xeriscape landscaping. Motion carried unanimously. ITEM 9 ORDINANCE NO. 340 - FIRST READING MCMILLIN DEVELOPMENT AGREEMENT Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 340, "An Ordinance of the City of Poway, California, Approving a Development Agreement with McMillin Equity Partners II, under Government Code Section 65864-65867.5 and Poway Municipal Code Chapter 17.53." Staff report by City Manager Bowersox. On March 19, 1991, the City Council/ Redevelopment Agency approved an Interim Agreement with McMillin Communities regarding Tentative Tract Map 88-04R. The Agreement required a public hearing to consider an amendment to the Owner Participation Agreement and a Development Agreement. Staff recommends first reading of the Ordinance approving the Development Agreement. At second reading, the amended Owner Participation Agreement will be presented for approval. There was no one present wishing to speak. Motion by Councllmember Higginson, seconded by Councilmember Emery, to waive further reading and continue the public hearing to May 14, 1991 for second reading of Ordinance No. 340. Motion carried unanimously. ITEM 10 TRANSNET PROGRAM Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. Proposition A, approved by the voters of San Diego County in November, 1987, provides for a 1/2% increase in the sales tax to provide for specific transportation programs and requires a public hearing each year to discuss the use of the revenues. Staff recommends the funds designated for Poway Grade be transferred to the South Poway Expressway between Sycamore Canyon Road and Highway 67. Mayor Goldsmith stated we are now looking at a "corridor" concept and improve- ments proposed to the South Poway Parkway would be of greater benefit to the east/west corridor than Poway Grade. Council pointed out that Exhibit C should be corrected to 6-lane road. Speaking in favor of staff recommendation: Randy Wilkins, 14617 Acton Court 4162 Page 7 - CITY OF POWAY - April 30, 1991 Notion by Councllmember Emery, seconded by Councilmember Snesko, to close the public hearing and adopt Resolution No. 91-043, entltled, "A Resolution of the City of Poway Adopting the Seven-Year Transnet Local Street and Road Program of Projects for Fiscal Years 1993 through 1999." Notion carried unanimously. ITEM 11 WEED ABATEMENT APPEALS There was no one present abatement notice. wishing to present an appeal regarding their weed ITEM 11.1 COMMUNITY ROAD WIDENING Staff report by City Manager Bowersox. On April 9, 1991, a Con~nunity Road resident asked about the road being created in front of their homes as part of the Community Road widening project. It will be a publicly maintained road and apparently the Post Office will continue to deliver mail if it is addressed to Co, m,,unlty Road and the road is named Community Way or Place. Speaking in opposition to staff recommendation: Hie Thompson, 14341 Community Road Speaking in favor of staff recommmmlendation: Randy Wilkins, 14617 Acton Court Council concurred to receive and file the report. ITEM 11.2 TRIUMPH DRIVE ROAD BUMPS City Manager Bowersox disqualified himself from any discussion on this item. Councllmember McIntyre stated she had spoken with the Triumph Drive residents, and with the addition of the stop sign at Triumph and Fieldview they did not want to pursue road bumps. She requested staff look at the curve from Triumph to Laurelwood. Motion by Councllmember Snesko, seconded by Councllmember Higginson, to discon- tinue analyzing road bumps for Triumph Drive, but request the Traffic Safety Committee look at the situation at Triumph and Laurelwood. Motion carried unanimously. 4163 Page 8 - CITY OF POWAY - April 30, 1991 ITEM 17 CITY MANAGER ITEMS City Manager Bowersox stated the water usage in Poway for the month of April is 43% below the same period in 1989. ITEM 18 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Section 54956.g{c), deciding whether to initiate litigation, City of Poway v. County of San Diego and pursuant to Government Code Section 54956.g{a), pending litiga- tion, City of Poway v. City of San Diego and City of Poway v. Pomerado Investments. W~YOR AHD CITY COU~IL-ZHZTZATED ZTEI(S 19. A) Councilmember Emery stated his item regarding MTDB could be discussed under Mayor Goldsmith's SANDAG report. B) Councilmember Emery requested staff do more vigorous code enforcement of temporary and portable signs. 21. A) Councllmember McIntyre suggested the Thursday workshop item be discussed at the May 7 regular meeting and that the workshop be canceled. Council concurred. B) Councllmember McIntyre requested staff prepare an analysis of the proposed state budget and the free trade agreement and their affect on Poway. 22. Councilmember Snesko presented a revised layout for sports facilities on the Kuebler property south of Garden Road showing no facilities south of the creek. He stated he had taken his son and a friend to ride their bicycles up Community Road from Metate Lane to the proposed sports complex site in South Poway and the road is too steep. Brandon Snesko and Michael Blake testified to that fact. Randy Wilklns, 14617 Acton Court, President of the Garden Road Homeowners Association, stated he will be having a meeting soon and will present Councilmember Snesko's proposal to the Garden Road residents. Council discussion pointed out that the item of sports complex is scheduled for May 14, 1991, and this proposal should be added to that report for analysis rather than discussing the item piecemeal. City Manager Bowersox stated a proposal to improve the Garden Road School/Garden Road Park site will be included in that report. 4164 Page g - CITY OF POWAY - April 30, lg91 Council requested a copy of the field utilization report prepared by the Youth Sports group and presented with the facilities needs assessment at a workshop last year. Due to the increased complexity of the report, Council concurred to consider the item on May 21, rather than May 14. 23. A) Mayor Goldsmith stated the remaining two appointments to the Budget Review Committee are Gordon Meyer {Higginson), and Mary Cross {Snesko). B) Mayor Goldsmith stated he has learned that the Automated Regional Justice Information System (ARJIS) intends to increase the charges to the members in FY 1991-92. Poway's costs will increase from $12,000 to $22,000. He asked staff to prepare a report on this subject before the next ARJIS Board meeting on May 31, 1991. c) Mayor Goldsmith reviewed three items discussed at the April 26, SANDAG Board meeting. The Transportation Control Measures Plan goal is to reduce emissions to meet Air Quality Control Board requirements. Councilmember Emery stated that MTDB'S major interest in this plan is its impact on mass transit. Council concurred with Mayor Goldsmith voting in favor of a market-based approach to reducing traffic. Some of the proposals being discussed include peak period freeway tolls; fees tied to the number of miles drives annually; and increased gasoline taxes. Council noted they had received the draft Regional Growth Management Plan which is out for a gO-day review period. They requested a workshop in June to discuss this and asked that the chairpersons of the Penasquitos, Rancho Bernardo and Scripps Ranch Planning Groups be invited to attend and participate. Mayor Goldsmith stated the County has mandated recycling for all jurisdictions hauling trash to the San Marcos Landfill beginning on July 1, 1991. The rest of the County is mandated to have a recycling program in place by July 1, 1992. Seven North County cities are meeting to try and find a joint solution to the solid waste disposal problem other than the trash to energy plant proposed by San Marcos. They are proposing to have a study done and Poway's share of the cost is $8,900. Motion by Councilmember Emery, seconded by Councilmember McIntyre to appropriate the funds to contribute to the study. Motion carried unanimously. Council also requested the City Attorney render an opinion regarding the cities in the region not being treated the same, Council also concurred for Mayor Goldsmith to sign jointly with the other mayors a letter to the Water Quality Control Board requesting a rehearing on the issue of lining the San Marcos Landfill. 4165 Page 10 - CITY OF POWAY - April 30, 1991 D) Motion by Mayor Goldsmith, seconded by Councilmember McIntyre to consider placing the Affordable Housing overlay on the property at the northeast corner of Bowron Road and Civic Center Drive during the General Plan update hearing. Motion carried unanimously. The issue of senior or family housing will be discussed at the public hearing. CLOSED SESSION Mayor Goldsmith called for a closed session at 10:25 p.m., as requested by the City Attorney. ~LL TO ORDER AND AD~IXIRI~EHT Mayor Goldsmith called the meeting back to order at 10:45 p.m., and stated the City Council had directed the Attorney during closed session. Upon motion by Councilmember Snesko, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:46 p.m. Marjor~e ~. Wahlsten, City Clerk City o~way 4166