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CC 1999 08-05CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING AUGUST 5, 1999 The August 5, 1999 meeting, adjourned from the August 3, 1999 regular meeting of the City Council of the City of Poway, was called to order at 6:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Jay Goldby, Don Higginson STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Penny Riley Niall Fritz Jim Howell PUBLIC ORAL COMMUNICATIONS City Manager City Clerk City Attorney Deputy City Manager Director of Development Services Director of Public Services Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. ITEM 1 (203-18) PRE-DEVELOPMENT CONFERENCE APPLICANT: FRANK ROGERS/GROH City Manager Bowersox noted that no decision is made during a pre-development conference and that it provides an opportunity for the applicant to present their proposal and get some feedback from Council. Staff report by City Manager Bowersox. This is a request to consider the use of 3 parcels (2.75 total acres) on Poway Road opposite Match Point Drive as an affordable housing 67O4 Page 2 - CITY OF POWAY - August 5, 1999 site. The property is zoned Residential Single Family-2 (RS-2). Frank Rogers, Re/Max Associates, Inc., 12373 Poway Road, Broker for Mr. and Mrs. Groh expressed their desire to have the property used as an affordable housing site of 50-60 units vs 4-5 residential single family homes and responded to questions of the Council. Council expressed concerns with the placement of affordable housing in a primarily single family residential area and requested staff consider a review of this location when preparing their new analysis of potential affordable housing sites during the next 12 months. ITEM 2 (203-18) PRE-DEVELOPMENT CONFERENCE APPLICANT: MARK BRENNER Staff report by City Manager Bowersox. This is a request to consider the conversion of a single-family home into a mixed Use land use to include a residence and a newspaper production operation at 12708 Monte Vista Road. The property is zoned Commercial Office, which would allow the newspaper business by right. A mixed use project is also permitted with a conditional use permit. Mark Brenner, 12764 Larchmont Street, applicant, spoke in support of his request and responded to questions of the Council. Council expressed no opposition to the request provided there was sufficient parking on site and hour restrictions for work at and customers coming to the site. City Attorney Eckis requested a third item be added to the agenda regarding the water availability in the Sycamore Creek Area and the Development of the Maderas Golf Club per Government Code Section 54954.2 as the need to take action arose after the posting of the Agenda. Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to bring the item onto the Agenda. Motion carried unanimously. ITEM 3 (1204-01) WATER AVAILABILITY SYCAMORE CREEK/MADERAS GOLF Staff report by City Manager Bowersox. On Tuesday, August 3, 1999, Council received a status report with respect to the lack of water for two homes in the Sycamore Creek 6705 Page 3 - CITY OF POWAY - August 5, 1999 neighborhood. After hearing testimony from the residents and Sunroad Enterprises, developer of the adjacent Maderas Golf Club, Council directed staff to: 1) continue to provide assistance to the residents of Sycamore Creek, including Sunroad deepening the failed wells; 2) provide the necessary documents to the City Attorney in order that the issue with respect to the need for a hydrology study as it relates to the use of wells could be resolved; 3) work with Sunroad and StoneRidge to insure completion of the raw water line as soon as possible and 4) Sunroad to complete their hydrology study. On Wednesday, August 4, 1999, staff again met with Sunroad, who, in an effort to be a good neighbor, despite a lack of specific evidence that their wells had an adverse impact on Sycamore Creek, made the following offer of assistance: 1) Sunroad will commit a maximum of $25,000 to the City of Poway to be expended for improvements to those Sycamore Creek wells which no longer produce water. An initial deposit of $10,000 will be made immediately and 2) Sunroad would provide an additional $2,000 to provide a fund to share in the costs of water brought to homes by tanker trucks on a 50/50 basis. The City Attorney's analysis concludes that a hydrological study is required and that it should be initiated as soon as possible. The first question to be considered by the consultant is whether the use of the Sunroad wells will adversely affect the study and if so, Sunroad will either use potable water or raw water until the study is completed. Upon completion of the study, the City Council will take appropriate action. During the time of the hydrology study, it is appropriate to conditionally permit the use of wells to irrigate the golf course. A resolution is included for consideration that would approve limited use of groundwater for maintenance of the golf course. Additionally, Sunroad would like Council concurrence with a plan that will assist their completion of the clubhouse and maintenance building in anticipation of a November Golf Course opening date. They would like to complete the grading and storm drain work and build only the foundations of the buildings prior to the approval of the Conditional Use Permit. They understand that the Conditional Use Permit is subject to a public hearing and that proceeding without the public hearing would be at their own risk. They are further willing to make a deposit of $10,000 to provide for the removal of the foundations if the Conditional Use Permit is not approved. Rick Vann, representing Sunroad Enterprises, 1455 Frazee Road, Suite 1000, San Diego, spoke to the issue and requested Council consider continuance of the proposed resolution to a future date to allow time for their review of the hydrology study requirement. General discussion ensued with Deputy Mayor Emery requesting additional language be added to the Resolution that approval would not affect their discretion to approve or disapprove the use of groundwater in the future or to repeal the approvals granted if the 6706 Page 4 - CITY OF POWAY - August 5, 1999 conditions are not satisfied. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna, to adopt Resolution No. 99- 069, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing Limited Use of Groundwater for the Irrigation of Maderas Golf Club." Motion carried unanimously. Councilmember Rexford inquired of staff when a workshop regarding the proposed McMillin project would be held. Staff responded in September. City Attorney Eckis advised Council that he was entering the City in an Amicus Brief titled Gamma vs the City of Anaheim with regards to an adult entertainment ordinance and the distance required from residential use. ADJOURNMENT Mayor Cafagna adjourned the meeting at 7:43 p.m. on motion by Councilmember Rexford, seconded by Deputy Mayor Emery. Lori ~nne Peoples, City Cl,~rk City of Poway 6707