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CC 2000 06-13CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 13, 2000 The June 13, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Peter Moote Niall Fritz Jim Howell Deborah Johnson John Tenwolde Javid Siminou Patti Brindle Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Deputy Director of Administrative Services Director of Development Services Director of Public Services Director of Redevelopment Services Sheriff's Captain City Engineer City Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented a Proclamation declaring the week of June 12-18, 2000 as "United States Army Week" to past Poway High School Graduate, Corporal Brian Prosek. Mayor Cafagna presented a Proclamation declaring the week of June 19-22, 2000 as "Affordable Housing Week"to Poway resident, Steve Kuptz. Councilmember Rexford then presented a Certificate of Commendation to Richard Friedlen, President of SYSCO Food Services of San Diego. 6959 Page 2 - CITY OF POWAY - June 13, 2000 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Patty Heyden, 13226 Fred Road, representing families on Rimbach and Fred Road, submitted a petition and requested Council assistance in getting two existing speed bumps on their street approved. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: Ratification of Warrant Register for the period of May 22-26, 2000. (401-10) Approval of Minutes - City Council May 23, 2000 - Regular Meeting May 30, 2000 - Canceled Meeting Approval of the Extension of the California Identification System/Remote Access Network Agreement. (602-01 #643) 6.1 Approval of Positions on Pending Legislation: Support AB 2020 Infrastructure Financing, ACA 24 Transportation Funding, and Oppose AB 2030 Public Employees' Retirement: Member Contribution Rate. (701-11 ) Motion carried unanimously. ITEM 1 (1102-01 R) ACQUISITION OF PROPERTY 13021 AND 13023 POWAY ROAD OWNERS: WILLIAM AND NANCY SCHNEIDER Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for authorization and appropriation to acquire a parcel located at 13021 and 13023 Poway Road. Due to continuing discussions between the property owners and staff, it has been mutually agreed to continue this item until the June 27, 2000 meeting. There was no one present wishing to speak. 696O Page 3 - CITY OF POWAY - June 13, 2000 Motion by Councilmember Goldby, seconded by Councilmember Emery to continue the item to June 27, 2000. Motion carried unanimously. ITEM 2 (203-02) TENTATIVE PARCEL MAP 98-06(TE) TIME EXTENSION VARIANCE 00-38 APPLICANT: JOAN BUTZEN Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one year time extension for a Tentative Parcel Map and Variance 98-08 previously approved by Council on June 2, 1998 and approve Variance 00-38. The time extension is needed to allow time for the applicant to complete the parcel map review process, construct required site improvements and record the map. The map proposes the subdivision of a 2.5 acre property into 2 lots. The variance request is to allow the existing residential care facility buildings to encroach within the 50 foot setback buffer required between a semi-public use and an adjacent residential property. The property is located at 14755 Budwin Lane. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-44, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 98-06(TE) Time Extension and Variance 00-38, and Superseding Resolution No. P-98-31, Assessor's Parcel Number 321-410-39." Motion carried unanimously. ITEM 2.1 (602-01 #1373) SUNROAD ENTERPRISES MADERAS COUNTRY CLUB WATER USAGE REQUEST SETTLEMENT AGREEMENT AMENDMENT Staff report by City Manager Bowersox. This item appeared before the City Council on March 14, May 23 and June 6, 2000. At that time it was determined to limit Sunroad's use of groundwater to no more than 50 percent of their total water use, with the balance to be potable water purchased from the City until the end of May and submission of the hydrology study. As of this date, review of the hydrology study has not been completed for Council consideration, but should be completed in August. Although the original request was for continuance of the use of groundwater until July 31, 2000, if Council agrees to continue use at any level, Maderas has requested and staff is recommending 6961 Page 4 - CITY OF POWAY - June 13, 2000 a continuance of use of groundwater until August 31,2000. Council's direction should be incorporated into an amendment to the settlement agreement regarding water usage restrictions on real property, wherein staff is also recommending inclusion of the following conditions: (1) directing Sunroad Enterprises to reimburse the lower Sycamore Creek property owners for all previously un-reimbursed expenses associated with continuing the availability of well water since Sunroad began using groundwater; (2) direct Sunroad Enterprises to participate with the Old Coach Homeowners' Association in completing the extension of domestic water service; and (3) limit the continued interim use of groundwater to one-third of Sunroad's total water usage. If a public hearing is not held on the hydrology study on or before August 31,2000, and further authorization is not granted, Maderas shall cease groundwater use September 1,2000. The following person was present wishing to speak: Jeff Mangum, 18111 Old Coach Road, representing the Old Coach Homeowners' Association, provided Council with information regarding a four hour meeting held June 12 with Mayor Cafagna, Rick Vann of Sunroad Enterprises and the residents of Old Coach and Sycamore Creek. He stated that an additional meeting had been held this evening, prior to the Council meeting with the residents who, at the conclusion of their meeting, had voted to support the staff recommendation with regards to the request for water usage by Sunroad. City Attorney Eckis responded to questions of the Council regarding the terms included in the "Second Addendum to Settlement Agreement Regarding Water Usage" between Maderas Country Club, LLC and the City of Poway. Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the modified request from Sunroad Enterprises to continue the use of groundwater through August 31, 2000 with additional terms and conditions as set forth in the "Second Addendum to Settlement Agreement Regarding Water Usage." Motion carried unanimously. CITY ATTORNEY ITEMS City Attorney Eckis announced that effective July 1,2000, his colleague and partner, Lynn McDougal was retiring as City Attorney for the City of El Cajon after 32 years. He would, however, still be practicing law and representing the City of Imperial Beach. 6962 Page 5 - CITY OF POWAY - June 13, 2000 MAYOR AND CITY COUNCIL-INITIATED ITEMS 12. Councilmember Rex-ford inquired as to the status of the establishment of the tree committee. ADJOURNMENT Mayor Cafagna adjourned the meeting at 7:35 p.m., on motion by Councilmember Emery, seconded by Deputy Mayor Higginson. '~'orJi-Anne Peoples, City-C~erk City of Poway 6963