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CC 1992 09-15 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1992 The September 15, 1992, regular meeting of the City Council of the City of Poway, was called to order at 6:07 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNEMBERS PRESENT AT ROLL CALl Bob Emery, Don Higginson, Tony Snesko, Jan Goldsmith COUNCILMEMBERS ABSENT AT ROLL CALl Kathy McIntyre (Councilmember McIntyre arrived at 6:]0 p.m.) STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis CLOSED SESSION City Manager City Clerk City Attorney Mayor Goldsmith called for a closed session pursuant to Government Code Section 54957 to do annual performance evaluations of the City Council employees. City Manager Bowersox went into closed session with the Council. CALL TO ORDER Mayor Goldsmith called the meeting back to order at 7:00 p.m. with all Councilmembers present except Councilmember Snesko. Mayor Goldsmith announced the Council did their annual evaluation of City Manager Bowersox and are very pleased with his performance. However, given the state of the economy and concern about the tightness of the budget, there was mutual agreement to have no salary increase this year. City Manager Bowersox stated his appreciation for the Council's expressed confidence in him and concurred this was a mutual agreement. STAFF MENBERS PRESENT John Fitch Peggy Stewart Mark Weston Mark Sanchez Steve Streeter David Narevsky Janis Acosta Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Safety Services Assistant Director of Planning Services Redevelopment Manager Management Analyst 4678 Page 2 - CITY OF POWAY - September 15, 1992 PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PROCLAMATION Mayor Goldsmith proclaimed September 22, 1992 as "Kids' News Day" in Poway and presented the proclamation to Jackie Gilliam, Chairperson of the Poway Unit, Childrens' Hospital Auxiliary. (Councilmember Snesko reentered the meeting) PUBLIC ORAL COMMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Mayor Goldsmith stated he had a request to pull Item 20. City Manager Bowersox stated that the League of California Cities changed their position on Items 2 and 3 of this staff report after the report was written and the recommendation is changed to be neutral rather than oppose. Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the Consent Calendar as follows: 8. Approval of Minutes - City Council August 25, 1992, Regular Meeting 10. Ratification of Warrant Registers for August 26, 1992 (FY 1992-93) and August 27, 1992 (FY 1991-92). (401-10} 11. Denial of claim for damages from United Services Automobile Association. (704-13) 12. Adoption of Resolution No. 92-178 entitled, "A Resolution of the City Council of the City of Poway, California Establishing and Consolidating No Parking Zones on Community Road Between Twin Peaks Road and Poway Road; Hilleary Place; and, Midland Road Between Cynthia Lane and Poway Road." (1163-0]) 13. Adoption of Planning Resolution No. 92-41 entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 92-44," for a convoy of Marines to pass through Poway on Pomerado Road on September 23, 1992 to celebrate Camp Pendleton's 50th anniversary. (203-07) ]4. Adoption of Planning Resolution No. 92-42, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 92-51" for the Poway Days events including the parade, Community Day, fireworks display, softball game, rodeo bar-b-que, tour de Poway, Miss Rodeo California pageant, rodeo, and rodeo dance, from September 26 to October 4, 1992. {203-07) 4679 Page 3 - CITY OF POWAY - September 15, 1992 15. Approval of City Employee Computer Purchase Program and appropriation of $50,000 from the Capital Replacement Fund. {502-05) 17. Approval of amendment to contract for law enforcement services with the County to reflect annual adjustment for employee salaries and benefits. (602-01, #59) 18. Reduction of securities for Rancho Arbolitos, TTM 4191-5BR, Standard Pacific, applicant. (602-01, #785) 19. Acceptance of public improvements and release of securities for First Church of Christ Scientist, 16315 Pomerado Road. (602-01, #846} 20. Take the following position on pending legislation: receive and file report on AB 3060 which streamlines procedures for boundary changes and will take effect on January 1, 1993; neutral on AB 3476 which is amendments to the Brown Act; neutral on SB 1538 which is amendments to the Brown Act; support AB 2331 which eliminates inflating final year compensation in an effort to increase PERS benefits. (701-04) Motion carried unanimously. ITEM 4 (203-01) TENTATIVE TP~ACT MAP 8g-07TE APPLICANT: MICHAEL TOOMEY Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for TTM 89-07 which subdivides 6.55 acres into six lots located on the northwest side of Stone Canyon Road, 150 feet north of Wildflower Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery to close the public hearing, find the previously issued Negative Declaration adequately addresses concerns; and adopt Planning Resolution P-92-43, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 89-07TE, Assessor's Parcel Number 275-241-01." Motion carried unanimously. ITEM 5 (203-04) VARIANCE 92-11 APPLICANT: MYRON CRAIN Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a ten foot high tennis court fence on top of a six foot high retaining wall at 13371 Summit Circle. Staff recommends approval. There was no one present wishing to speak. 468O Page 4 - CITY OF POWAY - September 15, 1992 Motion by Councilmember Higginson, seconded by Councilmember Snesko to close the public hearing and adopt Resolution No. P-92-44, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 92-11, Assessor's Parcel Number 275-260-33." Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 367 SPEED LIMITS/ESPOLA/POWAY ROADS UPDATED SPEED SURVEYS Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 367, "An Ordinance of the City of Poway, California Adding to Section 10.32.020 of the Poway Municipal Code Establishing Speed Limits on Espola Road Between Cloudcroft Drive and Lake Poway Road; and on Poway Road Between Oak Knoll Road and Pomerado Road." Staff report by City Manager Bowersox. Staff has completed a five year update of engineering and traffic surveys for various streets within the city. The Traffic Safety Committee has reviewed the surveys and recommends that existing speed limits be maintained with the exception of the two locations which would be revised downward. Espola Road would change from 50 mph to 45 mph and Poway Road from 40 mph to 35 mph. These changes will make the speed limits consistent the whole length of the roadways. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to approve the engineering and traffic surveys; waive further reading of Ordinance No. 367 and set second reading for September 22, 1992. Motion carried unanimously. ITEM 7 (203-24) MINOR CONDITIONAL USE PERMIT 89-13 COMPLAINT RE USE OF GUEST HOUSE Staff report by City Manager Bowersox. On Auqust 25, 1992, the City Council agreed to continue this matter to this meeting.' The Baldwins, their neighbors, and' the Silver Saddle Homeowners Association are still in the process of finalizing an agreement concerning the guest house on Mr. Baldwin's property and are requesting that this item be continued to October 6, 1992. Motion by Councilmember Higginson, seconded by Councilmember Emery to continue the complaint regarding Minor Conditional Use Permit 89-13 to October 6, 1992. Motion carried unanimously. 4681 Page 5 - CITY OF POWAY - September 15, 1992 ITEM 21 CITY MANAGER ITEMS City Manager Bowersox reported a hazardous material spill in Poway Creek. There is gasoline and diesel fuel coming from the Quik Check gasoline station and the station has been closed. ITEM 22 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a) pending litigation, Vasquez vs. City of Poway. MAYOR 24. 24B. AND CITY COUNCIL-INITIATED ITEMS City Manager Bowersox stated the request for a pre-development conference for use of the Western Lumber site as a grocery store can be pulled from the calendar since this is a permitted use in the zone. (203-18) Mayor Goldsmith stated he met with Poway Royal residents and they have a concern about noise from trucks on Community Road, particularly in the morning. He asked for a report from staff. Director of Engineering Services Weston stated he had also met with the residents recently. Parkway Business Centre has a condition to build a soundwall as part of their phased development. He will bring a report back to Council in 3 weeks. 27. Councilmember Snesko requested the Council reconsider the issue of lighting the tennis courts and basketball court at Hilleary Park in order to increase the hours of playing time on those courts. He stated that the lighting at the Community Park tennis courts is not visible from any distance. Speaking in opposition to lights: Joseph Sinacore, 13652 Mulberry Tree Court, presented a copy of the staff report from December 18, 1990 regarding Conditional Use Permit 90-12 for the park. It stated that there will no lights for evening play and hours of operation will be from sunup to sundown. He pointed out that Hilleary Park is a neighborhood, not a community park. He expressed concern regarding crime, loss of privacy, and a drop in property values. Thomas Amabile,. 13225 Holly Tree Lane, Vice President of the Country View Homeowners Association, expressed opposition to the lighting because of the perceived impacts on their development. 4682 Page 6 - CITY OF POWAY - September 15, 1992 Following discussion, Council concurred that Councilmember Snesko can talk to the surrounding neighbors and, if they agree with the lighting of the basketball and tennis courts, it can come back to the City Council. (1401-12) CLOSED SE$SIO~ Mayor Goldsmith adjourned the meeting into closed session at continue the evaluation of Council employees and for pending requested by the City Attorney. 7:45 p.m. to litigation as CALL TO ORDER AND ADJOURNMENT Mayor Goldsmith called the meeting back to order at g:13 p.m. and announced that they had discussed the performance of Council employees and agreed to extend employment agreements with the City Manager, City Attorney and City Clerk with the same terms and conditions as those in 1991-92 due to current budget concerns. They also instructed the City Attorney regarding pending litigation. The meeting was adjourned at 9:15 p.m., on motion by Councilmember Higginson, seconded by Councilmember McIntyre and carried. J *A K~Wahlsten, City Clerk City of~y 4683