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CC 1992 10-27 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR HEETING OCTOBER 27, 1992 The October 27, 1992, regular meeting of the City Council of the City of Poway, was called to order at 7:01 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 Tamara Smith John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Steve Streeter Penny Riley City Manager City Clerk Assistant City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Safety Services Assistant Director of Planning Services DART Program Coordinator PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PRESENTATION Mayor Goldsmith presented a 15 year service award to Bill Cummins, Fire Engineer. 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 from the public to pull Item 21.1. Motion by Councilmember Emery, seconded by Councilmember Higginson, to approve the Consent Calendar as follows: 14. Approval of Minutes - City Council: October 6, 1992, Regular Meeting 16. Ratification of Warrant Register - October 8, 1992. 17. Approval of City's Investment Report - September 30, 1992. (408-01) 4711 Page 2 - CITY OF POWAY - October 27, 1992 18. Receive and file Transportation Improvement Projects quarterly status report. (1110-01) 19. Authorization to contract with Group Delta Consultants, Inc., for Geotechnical Services and with Kleinfelder, Inc., for Materials Testing Services with the City of Poway. {602-01 #956 & 957) 20. Award of bid for the replacement of a 4" sewer main from St. Andrews Pump Station to Valle de Lobo Drive to C.E. Wilson Corporation in the amount of $45,329.98; and appropriation of an additional $25,000 from the Sewer Fund Reserve. (1811) (602-01 #960) 21. Award of bid for a class A fire apparatus from Fire-Bann Corporation in the amount of $279,126.37. (601-03) Motion carried unanimously. ITEM 4.1 (203-04) VARIANCE 92-14/MINOR DEVELOPMENT REVIEW 92-35 APPLICANT: GREG AGEE Staff report by City Manager Bowersox. This item was continued from October 20, 1992, to allow the Architectural Review Committee to review Mr. Agee's plans. He has requested a variance to allow the house to be constructed with ten foot side yard setbacks, where twenty foot setbacks are required. They have agreed to two additional conditions regarding prohibiting placement of the required utility yard within the southerly side yard setback, and requiring approval of the Green Valley Highlands Architectural Review Committee prior to issuance of building permits. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Mayor Goldsmith to close the public hearing and adopt Planning Resolution No. P-92-58, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 92-14 and Minor Development Review 92-35, Assessor's Parcel Number 275-520-08." Motion carried unanimously. ITEM S (203-08) CONDITIONAL USE PERMIT 88-05 DEVELOPMENT REVIEW 92-10/VARIANCE 92-09 APPLICANT: GLEN LANKER FOR GRACE TRINITY CHURCH Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a 5,800 square foot building to the Grace Trinity Church complex located at 13617 Midland Road with a playground fence 10 feet in height rather than the standard six feet, and allowing the building to encroach two feet into the 15 foot required street side yard setback. Staff recommends approval. 4712 Page 3 - CITY OF POWAY - October 27, 1992 Speaking in favor of staff recommendation: Glen Lanker, 15555 Maturin Drive, San Diego, architect, requested the requirement to annex to the Landscape Maintenance District be waived since the church will be maintaining the perimeter landscaping. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-92-59, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 88-05M, Variance 92-09, and Development Review 92-10, Assessor's Parcel Number 317-122-47, 66," as amended to delete requirement to annex to the 'Landscape Maintenance District. Motion carried unanimously. ITEM 6 (203-01) TENTATIVE TRACT MAP 88-06TE(3) APPLICANT: RICHARD AND ALLAN KUEBLER Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a final one-year time extension for a tentative tract map subdividing a 7.1 acre site into five lots and one remainder parcel. This request meets the criteria the Council established in Resolution P-85-095 and is making adequate progress towards finaling the map. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing, find the previously issued Negative Declaration adequately addresses concerns of this project and adopt Planning Resolution No. P-92-60, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 88- 06TE(3), Assessor's Parcel Number 323-071-06." Motion carried unanimously. ITEM 7 (203-01) TENTATIVE TRACT MAP 87-03TE(3) CONDITIONAL USE PERMIT 92-07 DEVELOPMENT REVIEW 92-13 APPLICANT: DONALD AND CRAIG BREIHAN Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for a tentative tract map subdividing a 33 acre site into 55 lots and reinstating a previously approved conditional use permit and development review for construction of a 50 unit mobile home park on the east side of Community Road, south of Civic Center 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, find the previously issued EIR and Subsequent EIR for South Poway Specific Plan adequately addresses concerns of this project, and adopt Planning Resolution No. 92-61, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 87-03TE(3), Conditional Use Permit 92-07, and Development Review 92-13, Assessor's Parcel Number 317-480-10." Motion carried unanimously. 4713 Page 4 - CITY OF POWAY - October 27, 1992 ITEM 8 (203-02) TENTATIVE PARCEL MAP 92-04 APPLICANT: ENVIRONMENTAL DEVELOPMENT, LTD. Assistant City Attorney Smith stated that there is a technical defect in the notice given in that 21 property owners were omitted from the mailing. She suggested that the Council take public testimony and, if anyone addresses the defect, the Council could go into closed session under threat of pending litigation to discuss whether to proceed with this item at this meeting. Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval of a Tentative Parcel Map which will divide the 708 acre Old Coach Golf Estates project into four parcels and a remainder in order to allow the project to be financed on a parcel by parcel basis. Staff recommends approval. Speaking in opposition to staff recommendation: Dick Allen, 16461 Bronco Lane, stated this item should be continued since the staff report was not available for review until yesterday. Charles Larrick, 16363 Espola Road, stated he did not receive notice although he shares a common boundary with this property. He requested a continuance. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue this public hearing to November 10, 1992. Motion carried unanimously. (Note: Anew public hearing will be noticed to correct the notice defect.) ITEM 9 (701-04) ORDINANCE NO. 368 ALLOW PAWN SHOPS IN CG ZONE Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 368, "An Ordinance of the City of Poway, California Amending Chapter 17.10 of Title 17 of the Poway Municipal Code to Allow Pawn Shops to be Located in the Commercial General (CG) Zone if Permitted by Conditional Use Permit (ZOA 92-01)." Staff report by City Manager Bowersox. At the September 22, 1992 meeting, the City Council considered a request for interpretation of the Zoning Code and determined that pawn shops do not fall within the category "retail stores and shops." Staff was directed to prepare a draft ordinance to allow pawn shops by conditional use permit in the CG zone following the City Attorney's advice that they could not be excluded from the City. There was no one present wishing to speak. Councilmember Higginson questioned the provision that allows no pawn shops to be located within 500 feet of any lot on which another pawn shop is located. Following discussion, Council concurred that spacing should be changed to 1,000 feet. Motion by Councilmember Snesko, seconded by Councilmember Emery to issue a Negative Declaration, waive further reading and set second reading for November 10, 1992 with the change from 500 to 1,000 feet. Motion carried unanimously. 4714 Page 5 - CITY OF POWAY - October 27, 1992 ITEM 10 (1002-06) ST. JOHN OF DAMASCUS ORTHODOX CHURCH VACATION OF A PORTION OF ESPOLA ROAD Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. St. John of Damascus Orthodox Church, owners of 16903 Espola Road, have requested the City vacate a portion of the Old Espola Road public right of way. 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. 92-189 entitled, "A Resolution of the City Council of the City of Poway, Ordering the Vacation of a Portion of Old Espola Road, a Public Street Located at 16903 Espola Road in the City of Poway {Vacation 90-13)." Motion carried unanimously. ITEM 11 (205-04) 1992-93 BUDGET REDUCTIONS Staff report by City Manager Bowersox. On September 2, 1992, the Governor signed the State's main budget bill. The impact to the City of Poway's 1991-92 budget is an on- going annual reduction of $357,081 from property tax and a one time reduction of $1,524,888 in Redevelopment Agency tax increment. Staff is proposing a series of reductions in the approved 1992-93 budget to meet the reduced revenue. The Budget Review Committee has reviewed these proposed changed. In response to Council query, he clarified that the Community Services programs listed in the report are not being eliminated but the supplies budget is being reduced with the anticipation that the cuts will be made up through donations. He reported that, for the fourth quarter, sales tax revenue in Poway was up in the second quarter of 1992. Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Resolution No. 92-190, entitled, "A Resolution of the City Council of the City of Poway, California Approving First Quarter Budget Adjustments for Fiscal Year 1992-1993." Motion carried unanimously. ITEM 13 (202-01) CITY COUNCIL GOALS & OBJECTIVES Staff report by City Manager Bowersox. The 65 goals and objectives approved by the City Council for fiscal year 1992-93 are being presented with fiscal impact and current status. Staff recommends the City Council receive and file the report. Council commended Janis Acosta, Management Analyst, for the report's format and concurred to receive and file. 4715 Page 6 - CITY OF POWAY - October 27, 1992 ITEM 21.1 (203-14) LANDSCAPE PLAN/LA PAZ SUMMIT DEVELOPMENT REVIEW 91-24 Staff report by City Manager Bowersox. This is a request for approval of the landscape concept plan for the single-family development located at the east end of Silverridge Road west of Alora Street. On December 3, 1992 when the City Council approved the development landscaping brought for includes a 1 open space Maintenance review neighboring property owners had questions about the proposed of slopes adjacent to their homes and Council requested the plans be their review. The proposed plans were reviewed with the neighbors and arge portion of native vegetation, along with a lemon grove in the level at the top of the site. This is part of the city-owned Landscape District area. Staff recommends approval. Speaking in favor of staff recommendation: Arthur Stubbs, 10885 Aviary Ct., San Diego, owns property adjacent to La Paz Summit and cited the erosion problems caused by the spring rains. Dan Conrick, 4366 Bourgeois Way, San Diego, developer, stated they have their erosion plan and public improvements will be completed in 60 days. Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt Planning Resolution No. P-92-62, entitled, "A Resolution of the City Council of the city of Poway, California Approving Landscape Concept Plans for La Paz Summit {DR 91-24}, Assessor's Parcel Number 323-031-02." with direction to staff to ensure that the erosion control is installed and last winter's problems are not repeated. Motion carried unanimously. ITEM 22 CITY MANAGER ITEMS City Manager Bowersox announced that Assistant City Attorney Tamara Smith has been made a partner of McDougal, Love, Grindle, and Eckis. City Manager Bowersox announced that the Drought Assistant Response Team {DART) received an award in the Municipal Programs Category for Xeriscape '92 San Diego Style from the San Diego Chapter of the National Xeriscape Council. MAYOR 25A. 25B. AND CITY COUNCIL-INITIATED ITEMS Mayor Goldsmith announced he is appointing Harold Williams to the Poway Road Specific Plan Advisory Committee. Mayor Goldsmith requested the Sheriff work with Bobby England, manager of an apartment complex on Oak Knoll Road, regarding the problem of loitering in that area. 4716 Page 7 - CITY OF POWAY - October 27, 1992 ADJOURNHENT Upon motion by Councilmember Emery, seconded by Councilmember Higginson, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 8:45 p.m. Marjorie'~(. Wahlsten, City Clerk City of Poway 4717