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CC 1991 09-17 CITY OF PO~Y,, CALIFORHIA NIHUTE~ OF THE CITY COUNCIL REGULAR NEETIHG SEPTENBER 17, lg$1 The September 17, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Goldsmith at the Poway Community Center, 13094 Bowron Road, Poway, California. COUHClLNENBER$ PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COU~IL#EI~ER$ ABSENT AT ROLL CALL Don Higginson (Mayor Goldsmith announced that there had been a death in Councilmember's Higginson family and he was traveling to Utah for the services.} STAFF NENBEN$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Alan Archibald Mark Sanchez Garry MacPherson Rita Berglund Penny Riley Patrick Foley Peter Moote Janis 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 Director of Safety Servcies DART Program Manager/Battalion Chief Customer Services Manager Asst. DART Program Manager/Asst. Planner Principal Management Analyst Senior Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Goldsmith presented Certificates of Appreciation to Rex Brown and Paul Chang for their monetary contributions to Comiiunity Days on behalf of A.D.I. Properties, Parkway Business Centre, Tech Business Center and Poway Corporate Center. PUBLIC OPAL COHNUHICATIOH$ Mayor Goldsmith explained the procedure for Public Oral Communications. 4320 Page 2 - CITY OF POWAY - September 17, 1991 Bill Barnick, 14645 Sunrise Canyon Road, suggested the North County Mayors meet regularly to foster regional cooperation as the South County Mayors do. Mayor Goldsmith stated that the North County Mayors and Managers meet, the East County Mayors meet and there is also a coalition of mid-county community planning groups. Mr. Barnick also protested spending general fund monies to benefit individual neighborhoods by building walls, installing landscaping, etc. CONSENT CALENDAR Motion by Councllmember Emery, seconded by Councilmember Snesko, to adopt the Consent Calendar, as follows: Approval of Minutes - City Council: August 27, 1991, Regular Meeting 10. Ratification of Warrant Register for August 29, lg91. 11. Adoption of Resolution No. 91-100 entitled, "A Resolution of the City Council of the City of Poway, State of California, Ordering the Summary Vacation of Water and Storm Drain Easements Located Within City of Poway Tract 84-03, Map 1187 Filed in the Office of the County Recorder of San Diego County as File No. 85-114066 on April 3, 1985, {Vacation No. 90-15)," located on the east side of Pomerado Road, north of Gateway Park Road, Gateway Medical Center. 12. Adoption of Resolution No. 91-101, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Conveyance of Lots 102, 103, and 104 of Pomerado Business Park, Tentative Tract Map 85-04, Unit 2, Map No. 12572 to CF Poway, Ltd." 14. Approval of the following positions on pending legislation: support SB 1100 would prohibit non-sale distribution of smokeless tobacco or cigarettes public property; ane support AB 2143 which is a clean-up measure for court funding legislation which was adopted in July, 1991. 14.1 Adoption of Resolution No. P-91-59, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 91-47," for the Poway Days events to be held at various locations throughout the City from September 21 to October 6, 1991. Motion carried 4-0 with Councilmember Higginson absent. 4321 Page 3 - CITY OF POWAY - September 17, 1991 ITEM 4 WATER RATE BILLING STRUCTURE Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. When the City Council adopted the tiered billing rates in May, they relied on data from agencies with drought experience such as Santa Barbara and Matin County. The community has responded to the call for conservation and staff is now recommending a modification to the tiered structure and returning the penalties of tiers 2 and 3 as a credit on future water bills to those who conserved 20%. Staff report by Director of Administrative Services Stewart. She cited the community's conservations efforts since the San Diego County Water Authority imposed a mandatory 20% reduction in April, 1991. The average gallons per day consumption for all residential customers in July/August decreased from 922 in 1989, to 837 in 1990 {10%}, to 563 in 1991 {37%). She explained the various recommendations to remove the inequities in the current billing system, including basing tier on one unit per day, rather than a flat sixty units. Currently sixteen water agencies in the County use a tiered water structure. Director of Public Services Archibald spoke briefly about the management of Lake Poway in terms of water use. Lester Snow, General Manager of the San Diego County Water Authority, addressed the City Council regarding the state-wide water situation and how Metropolitan Water District {MWD), San Diego County Water Authority {SDCWA), and the local water agencies interrelate. He stated that the state-wide water project is going into this winter in better shape than last year. Council questioned him regarding retaining 1989 as the base year to measure water conservation against; what rate increases we can anticipate from MWD and SDCWA; use of a Public Utilities Commission to oversee water agencies; and why City Council members are prohibited from serving as SDCWA directors. RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 8:25 p.m. and called it back to order at 8:33 p.m. with all Councilmembers present except Councilmember Higginson. Speaking in opposition to staff recommendation: Michael McFarland, 14455 Ipava Drive Jim Melotti, 15485 Willow Ranch Trail Alan Sugarman, 13385 Fallen Leaf Road, Association Ed Malone, 17150 Old Coach Road Bill Barnick, 14645 Sunrise Canyon Road Dennis Rogers, 1723 Casero Green Environment representing Green Valley Civic Place, Escondido, representing Citizens for A 4322 Page 4 - CITY OF POWAY - September 17, 1991 Speaking in opposition to staff recommendation: {Continued) Bill Hamill, 15457 Mesquite Tree Trail Mike Fry, 12819 Selma Court William Cox, 13595 Del Poniente Road, representing Del Association Bruce Tarzy, 15912 Ranch Hollow Road Stephanie Starks, 15005 Vali Hal Road DeAnne Erickson, 15051Vali Hal Road Poniente Homeowners Speakers comments included opposition to the tiered rates; city's responsibility for creating this situation by zoning for large lots; need to become less depen- dent on MWD and SDCWA; unfairness of levying penalties if 20% conservation goal is reached; spread between what SDCWA charges the city and what the city charges its customers; belief that citizens will continue conserving without tiered pricing; and suggestion for multi-family units to have individual water meters. Lester Snow responded to many of the comments by the speakers and the Council. Speaking in opposition to staff recommendation: DeBora Zanganeh, 15480 Willow Ranch Trail RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 9:55 p.m. and called it back to order at 10:02 p.m. with all Councilmembers present except Councilmember Higginson. Motion by Councilmember Snesko to eliminate the tiered billing, rebate all penalties collected to date, and have a workshop soon to further discuss the issue. Following discussion, Councilmember Snesko withdrew his motion. Council discussed adopting the proposed revised tiered water rate structure and suspending it as long the community conserved 20%; doing rate changes in January rather than July; adding a line to the water bill to show what the target conservation effort is for the next billing cycle for each account; and the continuing need for maximum conservation efforts no matter how the water picture improves. Motion by Councilmember Snesko to eliminate the tiered water rate structure, refund any second and third tier penalties paid to anyone who conserved 20% or more. He then amended the motion to adopt the proposed tiered rate structure as a temporary measure until a workshop can be held to decide all the issues. There was no second to the motion. Mayor Goldsmith read his proposal, and subsequently made it a motion, seconded by Councilmember McIntyre, to close the public hearing and: 1) adopt the tiered rate structure, without the surcharge, to be applied as long as the city is under a 20% mandatory water conservation by MWD and SDCWA; 2) suspend the tiered structure for all service types for the September/October billing cycle and bill 4323 Page 5 - CITY OF POWAY - September 17, lg91 all units at tier one ($1.172 per unit); 3} program the computer for all retro- active billing adjustments under the new tiered rate structure and calculate credits to be applied to the November/December billing cycle; 4) consider suspension of tiered rate structure into the November/December billing cycle if the community achieves a 20% or greater conservation level in September/October; 5) institute the tiered structure if the conservation level falls below 20% in September/October for as long as MWD and SDWCA has a mandatory 20% conservation requirement; and 6) hold a workshop the first part of November to review the status of the conservation efforts. Motion carried 4-0 with Councilmember Higginson absent. City Manager Bowersox stated staff will place a confirming resolution on the agenda at the next regular meeting. RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 10:55 p.m and called it back to order at 11:05 p.m. with all Councilmembers present except Councilmember Higginson. Llnda Brannon, city's representative on the San Diego County Water Authority Board of Directors, reviewed the items she will be discussing at their Board meeting this week as a result of this meeting, including: recommendation to make a policy decision to set 1989 as the base year for water conservation computations; request for information regarding how much agriculture would have to conserve to provide 100% supply to the urban areas on a state-wide basis; and requesting confirmation that as of October 1, 1991, the agencies will be on a 12 month accounting basis for determining conservation efforts and the billing resulting therefrom. ITEM 5 WATER RESOURCES DEVELOPMENT FEE Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The water connection base capacity fee is proposed for revision to incorporate the cost of tertiary wastewater treatment and distribution, to be known as a water resources development fee. It is proposed to be charged on the water rather than sewer side since many of our larger properties have water service, but are on septic systems. Staff recommends adoption of $1,195 per EDU. Speaking in opposition to staff recommendation: John Seymour, 6336 Greenwich Drive, San Diego, representing the Construction Industry Federation. He requested this item be continued until the San Diego County Water Authority completes their study next spring. 4324 Page 6 - CITY OF POWAY - September 17, 1991 Motion by Councilmember Emery, seconded by Mayor Goldsmith to close the public hearing and adopt Resolution No. 91-102, entitled, "A Resolution of the City Council of the City of Poway, State of California, Adopting a Schedule of Service Charges and Fees for Water Connections, Meters, and Installation of Laterals, and Rescinding Resolution No. 89-099 of the City of Poway," to be effective sixty days from adoption. Motion carried-4-0 with Councilmember Higginson absent. ITEM 6 VARIANCE 91-07 APPLICANT~ DOUGLAS AND PAULETTE CASADY Mayor Goldsmith opened the public hearing. He apologize to the applicants for not taking this item before the water rate hearing. Staff report by City Manager Bowersox. This is a request for approval of an existing brick and wood fence ranging from 7'3" to 11" in height where a 6 foot total height is the maximum permitted at 14945 Amso Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-gl-60, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 91-07, Assessor's Parcel Number 314-632-42." Motion carried 4-0 with all Councilmembers present except Councilmember Higginson. ITEM 7 DROUGHT ASSISTANCE RESPONSE TEAM STATUS Staff report by City Manager Bowersox. The Drought Assistance Response Team has been in existence for five months and has been extremely effective in water conservation efforts in the City. At mid-year the eight employees will be scaled down to five with certain employees going back to their original depart- ments. The entire program will be evaluated for continuation during the next fiscal year. Council concurred to receive and file the report. ITEM 7.1 ARCHITECT'S REVIEW OF LIBRARY SITES Staff report by City Manager Bowersox. The Library Advisory Committee is currently considering two sites, Midland Road and Western Lumber and there is a question regarding how an ultimate-sized facility would fit on each site. Requests for proposal are currently being received for an architect for the library facility, but that process will not be completed until November, and it is imperative that a final site be selected. This site analysis would facili- tate this process. Staff recommends that the Director of Planning Services work with an architect to review the candidate sites. 4325 Page 7 - CITY OF POWAY - September 17, 1991 Speaking in favor of staff recommendation: Chris Ferguson, 13303 Lingre Avenue, Chairman of the Library Advisory Committee Mayor Goldsmith requested that staff give the Committee some information regard- ing the impact of a library facility on the redvelopment of the Poway Road area. The developer of the Creekside Plaza has indicated that a library is not an asset to commercial development. Motion by Councilmember Emery, seconded by Councilmember McIntyre to direct staff to obtain the services of an architect for the review of candidate sites for the construction of a community libary. Motion carried 4-0 with Councilmember Higginson absent. ITEM 7.2 VARIANCE 91-05/DEVELOPMENT REVIEW 9-30 REQUEST FOR REHEARING APPLICANT: GABRIEL DEROSA Staff report by City Manager Bowersox. On September 3, 1991, the City Council denied the request for an 8 foot encroachment of a 5,445 square foot addition to a single family dwelling at 16637 Sagewood Lane. The applicant has filed a request for a rehearing and staff recommends this be continued to September 24, 1991. Motion by Councllmember Emery, seconded by Councilmember Snesko to continue con- sideration of the request for rehearing to September 24, 1991. Motion carried 4-0 with Councilmember Higginson absent. ITEM 15 CITY MANAGER ITEMS City Manager Bowersox stated that the water conservation efforts totaled 27% for the past week and for the month to date. City Manager Bowersox announced that the groundbreaking for South Poway Expressway west of Pomerado Road will be held September 30 at 1:00 p.m. ITEM 16 CITY ATTORNEY ITEMS City Attorney Eckis, responding to the City Council's request on September 10, 1991, presented a preliminary review of CalTrans claim of categorical exemption from CEQA for the metering of the Poway Road/I-15 freeway onramp. We have not received written documentation from the State Department of Planning and Research that they granted an exemption, but those projects are specifically exempt from the National Environmental Policy Act. 4326 Page 8 - CITY OF POWAY - September 17, 1991 AND C~TY COUNCZL-ZNZTZATED ZTEI~ 17. Councllmember Emery asked about the status of removal of derelict earth moving equipment on the Kuebler property at the end of Garden Road. City Attorney Eckis stated he will report back next week. 18. Mayor Goldsmith stated he had received a complaint that Starridge Park is being overwatered. 20. Councllmember Snesko stated that the infield of the Community Park ballfield is "hard as a rock." AI~IOURNgENT Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 11:45 p.m. City of', PoWay 4327