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CC 1991 10-29 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 29, 1991 The October 29, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMENBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Steve Streeter Dave Bliss David Narevsky Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Asst. Director of Planning Services Sheriff's Captain Redevelopment Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMHUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. one present wishing to speak. There was no ~NDAR Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 12. 13. 14. Ratification of warrant register - October 10, 1991 (401-10} Approval of city's investment report - September 30, 1991. {408-01) Appropriation of $9,0Q0 from the Unappropriated Park Improvement Fund for the drinking fountain and tot lot sand at Community Center, and pay phone at Garden Road Park. (401-13) 4361 Page 2 - CITY OF POWAY - October 29, 1991 15. Adoption of Resolution No. P-91-71, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 91-12 Assessor's Parcel Number 320-031-01," for a materials handling yard for the Public Services Department on Lots 51-53 of the Poway Corporate Center within the South Poway Business Park. {203-07) 16. Adoption of Resolution No. 91-122, entitled, "A Resolution of the City Council of the City of Poway, California Approving Amendments to the South Poway Specific Plan (SPA 84-01R AND 84-01S)." (203-21) 17. Receive and file report regarding a Multiple Dwelling Unit Cable Service and Access Agreement Bulk Contract program from Cox Cable to provide reduced fees for Poway Redevelopment mobilehome park residents. {1206-01) 18. Receive and file report regarding the 1991 summary of legislative action. (701-11) ITEM 4 (203-01) TENTATIVE TRACT MAP 89-04 TIME EXTENSION AVIANO/BOTHWELL, APPLICANTS Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for the subdivision of 9.5 acres into 13 lots on the east and west sides of Pomerado Road at its intersection with Stowe Drive. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the public hearing, and adopt Resolution No. P-91-72, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 89-04, Assessor's Parcel Numbers 317-232-05, 08, 09, 16, 17, 29; 317-242-03, 05." Motion carried unanimously. ITEM 5 (203-01) TENTATIVE TRACT MAP 85-03/ MINOR DEVELOPMENT REVIEW 91-55 GILBERT VASQUEZ, APPLICANT Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct an 8,500 square foot single family residence on a 35 acre property located at the terminus of Boulder Mountain Road. The applicant's representative has requested a continuance. Staff recommends approval. David Larkin, 969 Vale Terrace, Suite D, Vista, requested this item be continued to November 19, 1991 and signed a waiver of time limits. Motion by Councilmember Higginson, seconded by Councilmember Emery to continue consideration of this item to November 19, 1991. Motion carried unanimously. 4362 Page 3 - CITY OF POWAY - October 29, 1991 ITEM 6 (203-04) VARIANCE 91-06 PENASQUITOS CONGREGATION OF JEHOVAH WITNESS, APPLICANT 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 reduce the required 50 foot setback to 19 feet from adjacent residential zone for a proposed two story addition to an existing worship hall at 12337 Meadowbrook Lane. Staff recommends approval. Speaking in favor of staff recommendation: Ken Chervish, P.O. Box 2985, Escondido. He clarified that the second story has an overhang that will bring it within 16 feet of the property line. Director of Planning Services Wright-Quastler stated this is permitted under the Zoning Code. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Planning Resolution No. P-91-73, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 91-06, Assessor's Parcel Number 317-031-36." Motion carried unanimously. ITEM 7 (203-11) UPDATED GENERAL PLAN SECTION I - TEXT Mayor Goldsmith stated that this public hearing was continued from October 22, 1991. Item introduced by City Manager Bowersox. On October 22, the City Council referred the proposed criteria for the selection of affordable housing sites back to the Redevelopment and Housing Advisory Committee for review. Duke Ayers, 15230 Vali Hal Road, representing the Committee, presented their report, particularly the revised definition of "compatible," and revised statement that the sites selected should be distributed so as to not overly impact any one area. Staff report by Director of Planning Services Wright-Quastler. She reviewed the various proposed changes as a result of citizen input and Council discussion, including a limit of 8 and 6 times density increases allowed with the AH overlay over surrounding residential properties. Council discussed with the City Attorney the issues of making the Housing Element conform with the Bergeson bill requirements for this five year period, the consequences if we do not comply, and strategies for the next five year period. 4363 Page 4 - CITY OF POWAY - October 29, 1991 Speaking in opposition to staff recommendation: Bruce Tarzy, 15952 Ranch Hollow Road Mike Fry, 12819 Selma Court, President of Poway Civic Association Jerry Hargarten, 13622 Orchard Gate Road, representing Green Valley Civic Association, presented a written request for several changes. Lynette Perkes, 15832 Lime Grove Road Randy Wilkins, 14617 Acton Court Susan Callery, 13065 Edina Way Speakers expressed concern over the Bergeson bill and its mandates for providing new housing units and its effect on the quality of life. RECESS AND CALL TO ORDER Mayor Goldsmith recessed the meeting at 9:06 p.m. and called it back to order at 9:18 p.m. with all Councilmembers present. ITEM 7 - UPDATED GENERAL PLAN (CONTINUED) SECTION II - ZONE CHANGES Zone Chanqe 91-01A - Nature Conservancy Director of Planning Services Wright-Quastler stated that staff would recommend that this property be left as is until we make the determination on whether we're going to acquire it. Speaking in favor of staff recommendation: Wayne Brechtel, 380 Stevens Avenue, Solana Beach Motion by Councilmember Emery, seconded by Councilmember Higginson, to tentatively agree to leave this property as Open space. Motion carried unanimously. Zone Chanqe 91-01B - Briqhton Avenue Councilmember Emery stated he would disqualify himself from this item because of his economic interest in a coach in the Poinsettia Mobile Home Park. Director of Planning Services Wright-Quastler stated there are six parcels north of Edgemoor, fronting on Brighton, that are split zoned commercial and RS-7. Staff recommends they be rezoned to all RS-7. Speaking in opposition to staff recommendation: Roger Mohling, 13911 York Avenue, member of the Old Poway Specific Plan Advisory Committee, suggested the Council look at a mixed use project for these properties. Gordon Carter, 17435 Highland Valley Road, Ramona Roger Carpenter, 14046 Brighton Avenue 4364 Page 5 - CITY OF POWAY - October 29, 1991 Following discussion Council concurred to leave as is until staff can meet with the property owners to see if there is an interest in combining the properties to create a mixed use project. Zone Chanqe gl-01C - Boca Raton and Del Paso Director of Planning Services Quastler stated there are seventeen parcels located in the StoneRidge area that are RS-4 and staff is recommending they be rezoned RS-2 to be consistent with the rest of StoneRidge. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to tentatively approve ZC 91-01C. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue Section II to November 5, 1991. Motion carried unanimously. Section I - Continued (Councilmember Snekso left the meeting at 9:50 p.m. due to illness.) Council concurred to have staff review the proposal from the civic associations and include as many as possible in the text; to include the criteria for the AH overlay in the cover memo to the Committee with the list of sites, which is an appendix to the Housing Element, not a part of the General Plan; and to docket a discussion for the future regarding a strategy for coping with the Bergeson bill five years from now. Motion by Councilmember Emery, seconded by Councilmember McIntyre to continue this item to November 5, 1991. Motion carried 4-0 with Councilmember Snesko absent. ITEM 8 (701-04) ORDINANCE NO. 345 - FIRST READING GRADING Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 345, "An Ordinance of the City of Poway, California, Amending Title 16 of the Poway Municipal Code Regarding Grading and Adding Regulations and Permit Requirements for Clearing and Grubbing." Staff report by City Manager Bowersox. Staff has revised Title 16 of the Municipal Code regarding grading in an effort to provide more protection from environmental damage to sensitive lands, and to clarify existing regulations. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to issue a Negative Declaration, waive further reading and set second reading of Ordinance No. 345 for November 12, 1991. Motion carried unanimously. 4365 Page 6 - CITY OF POWA¥ - October 29, 1991 ITEM 9 (701-04) ORDINANCE NO. 346 - FIRST READING CEMETERIES Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 346, "An Ordinance of the City of Poway, California, Rescinding and Replacing Chapter 13.12 of the Poway Municipal Code Regarding Changes in Submittal and Public Notice Requirements for Cemeteries." Staff report by City Manager Bowersox. The revised ordinance will eliminate current permit application requirements which staff feels are excessive and unnecessary. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to issue a Negative Declaration, waive further reading and set second reading for November 12, 1991. Motion carried unanimously. ITEM 10 (1204-05) BACKFLOW PREVENTION DEVICE FEES Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The city's current specifications allow for two types of backflow prevention devices. Staff is recommending this be changed to require the reduced pressure principal device only. The resolution containing the fees is the same resolution with water service connection fees which was recently adopted and objected to by the Construction Industry Federation. We have received the same letter from CIF even though this is a separate issue. Staff will continue to work with the CIF regarding the water resource development charge. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember McIntyre to close the public hearing and adopt Resolution No. 91-123, 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. 91-102," and Resolution No. 91-124, entitled, "A Resolution of the City Council of the City of Poway, California, Successor Agency to the Poway Municipal Water District Amending Section 11.13 of Resolution No. 907-77 Establishing Rules and Regulations Governing Water Service." Motion carried unanimously. ITEM 11 (1402-02) USE OF REDEVELOPMENT FUNDS Staff report by City Manager Bowersox. At the October 1, 1991, City Council meeting, staff was instructed to prepare an analysis of the potential use of redevelopment funds to lease the former Longs Drugs site as a library. The preliminary answer is that funds can be used, subject to conditions. Council concurred to receive and file the report. 4366 Page 7 - CITY OF POWAY - October 29, 1991 ITEM 19 CITY MANAGER ITEM City Manager Bowersox stated that the water conservation efforts reached 36% last week, resulting in a month to date savings, as of today, of 20.5%. MAYOR AND CITY COUNCIL-INITIATED ITEM~ 21A. Councilmember Emery cited a newspaper article he had read recently regarding our recycling program and asked for a status report since we should be moving forward more quickly that stated in that article. City Manager Bowersox stated staff will present a report with a timeline on December 3. Mayor Goldsmith stated that part of the issue is the transfer of North County's trash to South Bay. The North County Coalition wants to use SANDAG's resolution process and the Council concurred to be a part of this process. 21B. Councilmember Emery reported on the October 24, 1991 meeting of the Metropolitan Transit District Board when they discussed the "Little Italy" proposed trolley line. MTDB wants an overhead line to reduce traffic congestion on Grape and Hawthorne Streets. The community wants it to be at grade to not divide the community and impact the view of the harbor. A compromise is to underground at Grape and Hawthorne and overhead at Laurel, but the cost is greater. Following discussion, motion by Councilmember Higginson, seconded by Mayor Goldsmith to support the over\under concept as a first priority if the funding can be found from the City of San Diego or the Port District, and at grade as second priority. Motion carried 3-0 with Councilmember Snesko absent and Councilmember McIntyre disqualified due to a potential conflict of interest. (1503-26) 22A. Mayor Goldsmith reported that the SANDAG Board voted unanimously to transfer funds from the Poway Grade project to the South Poway Expressway. He also stated that the issue of mass transit on 1-15 will be discussed at their November 22 meeting. 22B. Mayor Goldsmith requested the item regarding comments to the Regional Growth Management Plan be placed on the November 5, 1991 agenda. SANDAG will be considering this at their November 22, 1991 meeting. ADJOURNMENT Mayor Goldsmith adjourned the meeting at 11:05 p.m., on motion by Councilmember Emery, seconded by Councilmember Higginson. Marjori~Wah s~ten, City Clerk City of~y minutes\lO-29-91 .c 4367