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CC 1991 11-26 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 26, 1991 The November 26, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS 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 Peggy Stewart Reba Wright-Quastler Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Planning Services Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. The following person was present wishing to speak: Jan Rostvet, 11550 Creek Road, spoke regarding CalMat's private access road and stated it was supposed to be under construction by now according to their conditions of approval. Staff will report back on December 10, 1991. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the Consent Calendar as follows: 8. Ratification of Warrant Register for November 7, 1991 (401-10) J Denial of claim for Damages: A) Nancy Pinta; and B) Giovanni Reina. (704-13) 10. Approval of City's Investment report for October 31, 1991. (408-01) 4391 Page 2 - CITY OF POWAY - NOVEMBER 26, 1991 11. Authorization to invest up to 2% of City's portfolio in the Benham GNMA Income Fund with underlying securities with maturities of more than five years. (408-05) 12. Authorization to purchase Assessor Parcel Numbers 321-100-11, 12, 16, 17, 18 and 321-260-11 totaling 52 acres on Rattlesnake Creek east of Tooth Rock for detention basin and mitigation property for South Poway Expressway. (1002-01) 13. Approval of ink colors (Spring - purple; Summer - Aqua; Fall - orange; Winter - green) for printing Powa¥ Today. (1180-09) 14. Acceptance of public improvements and release of securities for Tentative Parcel Map 17183, Vahidi, located south of Donart Drive, east of Tierra Bonita Road. (602-01, #468) 15. Acceptance of public improvements and release of securities for Lakeview Developers, George Khoury, applicant, located west of Lake Poway Road. (602-01 #782) 16. Adoption of Resolution No. 91-134, entitled, "A Resolution of the City Council of the City of Poway, California, Initiating an Amendment to the South Poway Specific Plan (SPA 84-01T)," for bulk oil storage requested by Pennzoil Products Company. (203-21) 16.1 Acceptance of improvements at the intersection of Community Road and Metate Lane from CF Poway, Ltd., and appropriation of $440,000 from the South Poway Community Facilities District No. 1 Acquisition Fund. (602-01 #16R) 16.2 Support of Federal Surface Transportation Assistance Act and direction to notify the local Congressional delegation. (701-12) Motion carried 4-0 with Councilmember Higginson absent. ITEM 4 (203-08) CONDITIONAL USE PERMIT 91-02 REVOCATION DECLARATION OF PUBLIC NUISANCE SEYED REZAI, OWNER Mayor Goldsmith opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. On May 21, 1991, the City Council approved CUP 91-02 for the conversion of the former "Whiskey Creek" restaurant site at the northeast corner of Poway Road at Olive Tree Lane into an auto dealership. No work was done on the site, and following complaints from neighbors, staff instructed the owner to demolish the building in September, 1991. The demolition has not been completed and the building is an eyesore and a dangerous attraction. Staff recommends the Conditional Use Permit be revoked and the owner be given until December 6, 1991 to abate the public nuisance. 4392 Page 3 - CITY OF POWAY - November 26, 1991 If it is not completed by that time, staff will have the demolition done and the cost charged to the owner. There was no one present wishing to speak. Motion by Councilmember Snesko, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. P-91-81, entitled, "A Resolution of the City Council of the City of Poway, California Revoking Conditional Use Permit 91- 02 and Declaring the Property at the Northeast Corner of Poway Road at Olive Tree Lane a Public Nuisance and Ordering Abatement of the Nuisance by Removal of all Building Materials and Debris from the Premises, Assessor's Parcel Numbers 323- 190-58, 64." Motion carried 4-0 with Councilmember Higginson absent. Councilmember McIntyre asked if it would be possible to have the demolition completed before the school Christmas vacation. City Manager Bowersoxstated the city will be prepared to do the work immediately if the owner has not met the December 6 deadline. Councilmember McIntyre also asked for clarification in the Resolution regarding who pays the costs if the city does the work. Attorney Eckis stated he would look at the Resolution and report later in the meeting. (See Item 18 for further information on this item.) ITEM 5 (203-02) TENTATIVE PARCEL MAP 88-03R TIME EXTENSION APPLICANT: ROBERT & MARGERY HARTSFIELD Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for Tentative Parcel Map 88-03R located on the southeast corner of Kingman and Oak Canyon Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. P-91-82, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 88- 03(R)TE, Assessor's Parcel Number 278-300-64." Motion carried 4-0 with Councilmember Higginson absent. ITEM 6 (203-21) SPECIFIC PLAN AMENDMENT SPA 84-01R Mayor Goldsmith opened the public hearing. Item introduced by City Manager Bowersox. The staff report for this item is not ready and staff recommends continuance to December 10, 1991; however in the pre-agenda meeting, it was determined that a policy discussion at this meeting would be helpful in preparing the staff report. 4393 Page 4 - CITY OF POWAY - November 26, 1991 Director of Planning Services Wright-Quastler presented the background for the proposal to create four Open Space land use categories for the South Poway Planned Community and redesignate 1098 acres into the new categories. The four categories are Natural Open Space, Commercial Recreational, Limited Residential, and Mineral Resource Extraction. The Commercial Recreation is a result of the pre-development conferences for the proposed water park, and golf course/resort; and the Limited Residential reflects the ability of a property owner to build one residence on Open Space-designated property. David Castle, 14525 High Pine Street, expressed concern regarding what will happen to the property south of him. Council discussed the Limited Residential and Commercial Recreation categories and the expectations those words could create. They concurred to direct staff to not apply the Commercial Recreation designation to property before we've received an application for a project, and to not use the wording "limited residential." Councilmember McIntyre requested that in the future agenda items initiating specific plan amendments bedone as staff reports, not on the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue this item to December 10, 1991. Motion carried 4-0 with Councilmember Higginson absent. ITEM 7 701-04 ORDINANCE NO. 348 SWIMMING POOL FENCING Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. The staff report is not completed for this item and staff requests continuance to December 10, 1991. In discussion, Council concurred this regulation should not apply retroactively. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember McIntyre to continue this item to December 10, 1991. Motion carried 4-0 with Councilmember Higginson absent. ITEM 17 CITY MANAGER ITEM City Manager Bowersox reported the water conservation efforts for the month of November continue at 26%. 4394 Page 5 - CITY OF POWAY - November 26, 1991 ITEM 18 CITY ATTORNEY ITEMS City Attorney Eckis responded to Councilmember McIntyre's request regarding Item 4 and recommended the sentence, "Said cost, if not reimbursed to the City, shall be assigned to the owner," be added to Section 6 of the Resolution for clarification. Council concurred. MAYOR 20. 22. 23. AND CITY COUNCIL-INITIATED ITEMS Mayor Goldsmith reported the next hurdle for the 1-15 mass transit funding "fight" will be at the MTDB meeting on December 12 and he is working with Councilmember Emery. Councilmember McIntyre stated the City Council needs some way to have a formal dialogue with the Poway Valley Senior Citizens and suggested a sub- committee of the Council to meet with PVSC. The Council concurred and appointed Councilmembers McIntyre and Snesko. Councilmember Snesko requested the" Not a Through Street" sign be replaced on Claire Drive at Garden Road. Trucks attempt to get to the South Poway Business Park on that road. Councilmember Snesko asked when landscaping would be placed around the new water tank in South Poway. City Manager Bowersox stated a landscaping plan will be prepared. ADJOURNMENT Mayor Goldsmith adjourned the meeting at 7:32 p.m. on motion by Councilmembers Emery and Snesko. Marjori~ I~. Wahlsten, City Clerk City of~way minutes\l 1-26-91. c 4395