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Item 8 - Minutes of the Meeting September 16, 1986CITY OF PAY, CAI MINUTES OF ME CITY COONCIL RIIMILAR MEETING SE2ER 16, 1986 +ice • - . •:. tt�_� The September 16, 1986, regular meeting of the City Council of the City of Poway was called to order at 7:00 p.m. by Deputy Mayor. Shepardson at the City Council Chambers, 13325 Civic Canter Drive, Poway, California. C 0' Am' IIC ROLL CALL Bob Emery P Linda Oravec, Mary Shepardson, Bruce:Tarzy CC3ONCLE24114BERS ABSENT AT RLL CALL Carl Kruse Marjorie Wahlsten Steve Eckis John. Fitch, Patrick Foley Susan Pulone Lee Lewis Reba Tctlw Bob Krans John Bridges Jay LaSeur Brad Kutzner Alan. Schuler Suzanne Oliva CrPLEDGE AL�n City Clerk City Attorney Assistant `'City Manager Assistant to the City Manager Director' of Administrative Services Director of Community Services Director of Planning Services Fire Battalion Chief Assistant Director of Planning Services Sheriff's Captain Senior Civil Engineer Senior Civil Engineer Deputy City Clerk Deputy Mayor. Shepardson led the Pledge of Allegiance. PUBLIC RAL commons= Deputy Mayor Shepardson explained the procedure for Public Oral Communications. I Richard Cannata, 14157 Melodie lane, discussed traffic hazard problems with the y Road_ and Lark Stevens Reed intersection and noted a fatal acci- dent that occured there last night., Council, requested staff carte back with a reportin four weeks regarding what can be done to make that turn safer. Persistant City Manager John Fitch stated the engineering staff was sent out . to look at this today and a meeting is scheduled tomorrow with the ha ne wners in that area to discuss the problem. OCT 14 1986 -ITEM 2295 8 "7-"T''‘ 4 w� Ar got Nil 7 YZ is lave , Page 2 - CITy OF p WAY - September 16, 1986 s r} 2. Charles5.- Ruth, Frederick Engineering, 390 Oak Avenue, representing Ely= Carr, and Gibby, presented a proposal for private access to serve three owners which was discussed at. the March: 25th Council meeting in connection with TIM 86-01. Council stated this is- not a public oral. c a mmnlcations iten and directed staff meet with the applicant and bring back a report at a public hearing. r 3. Margaret Williams r 11674: Creek Road, submitted a copy Of a letter to the Y environmental concerns concerns: about the Pomerado Road City of San.: Diego regarding envi.ron Alternative: 11A relating to sewer and water She said she: has • not had a response to that and was concerned with the effect on the wells. in the. area... Councilmamber Sme ry stated: all conditions were responded. to by the City of San `4 Diego,, even though: they may not have been favorabler, and there is a provisiont will be in the new Fanerada Road alignment, for sewer and water which provided the, subdivisions within the City of San Diego. 4. Brian Quinar 13618 Fairgate Drive, submitted a letter regarding the C=cil's offer to. replace the Community Road wall if the. citizens agree to a Landscape Maintenance- District, and asked several. questions.: Assistant City Manager John Fitch stated that staff: has been meeting with the �.; f residents. Several: residents are now circulating petitions and future recannsn dations wi11 be based. an those petitions. 5. , Lori. 'iw7hi.tlock, 13533 Acton Avenue, stated her hare; has been burglarized four times and she has not received cooperation from the Sheriff's Department. ' Assistant City Manager John Fitch suggested she meet with the SheCaptain. Council. requested a report. back. , ITM 17-28 CONSENT CALENDAR` Deputy Mayor Shepardsoa pulled Item 25 at the request of the: Public- Deputy F xy requested Iten 28 be pulled: for diScllSSlOn. , cry Councilme<mlber Oravec to adopt the Motion by Counci Tarzy, seconded � � Consent Calendar as follows: 17. Approval of Minutes - City Council:; August 12: 1986, Regular feting. � August 191'1986, ReqUar Meeting August 211 1986, Regular Adjourned. Meeting 19. Ratification of Warrant. Registers - August 280, September 2, 4, 1986 OCT 14 1986 IT E M: F 2296 s a 4ft YET Page 3 - CITY OF PCJWAY - September 16, 1986 20. Approval of the City's Investment Report July 31, 1986. 21. Authorization to participate in the County's Residential Rehabilitation Program for one year, and: evaluate the benefits of the program to Poway residents at the end of the 12-nanth period. 22. Appointed Councilmanber klnery as delegate to the League of California Cities Annual. Conference to be held in Los Angeles on October 19-22, 1986, with the City Manager as alternate. 23. Approval of award of contract for rough grading of the Tennis Courts at Community Park to Maple Construction Cory, in themount of $6,764.00. Reject all other bids anddirect the return of any bid securities associated with the rejected bids. 24. Adopt Resolution No. P-86-062 entitled "A Resolution of the City Council of the City of Panay, California, Approving Minor Development Review 86-51 Assessor's Parcel Number 321-180-73." Allowing the construction: of a 2,522 square foot residence at 13913 Pian Street; within an area idGnt fieri orn the "Major Topographical Features". 26. Approval of the following actions regarding the final nap for Tentative Parcel Map 84-08, Harold Plater, applicant: Approve the Final Parcel Map for City of Poway Parcel Map 84-08 and direct its recordation. •. Accept on behalf of the public, subject to improvement, the water line easement and open space easement for pedestrian and equestrian trails as offered for dedicationon said map. C. Reject an behalf of the public theenent for roadway and waterline purposes over Old Espola Road. as offered for dedication on said, map. D. Approve the Standard Agreement, and authorize its execution on behalf of the City by signature of the City Clerk. 27. Approval of the following actions regarding the temporary Parking lot at the Ca+nity Center: A. Formally acceptthe improvements. B Authorize final pstyment to the contractor in the anrount of $17, 732.32. C. Authorize the City Clerk to file and, record a Notice of Completion. D. Authorize the payment of the 10% retention to the contractor in the amount of $1,970.26 if unencumbered 40 days after filing the Notice of Completion. Motion carried. 4-0 with Mayor Kruse absent. OCT 14 1986 ITEM. 2297 j.t� ti Page 4 - CITY OF POWAY - Septenber 16, 1986 ITEM. 4 ORDINANCE ' NO 191 - SBCOND WMING P ITING RENTAL OF SUBSTANDARD HOUSING Deputy Mayor Shepardson. rid. the: title: of Ordinance. No, 191, "'An Ordinance ` of the City of Poway, California., Adding Chapter' 8.92 to the Poway- Municipal Code Prohibiting Rental of Substandard Housing Which Endangers Health or Safety. Assistant City Manager John Fitch noted a change: to read.,.. "or lessor shall2Eo_- yide, rentor lease, or allow to be used, rented or leased..." Speaking in favor: DeAnne Erickson, 15051, Vali Hai Road, President of High. Valley Association, urged passage of this ordinance because of the problem in High Valley, with illegal aliens.: Tim Baird, 15367 Eastvale Road,' noted the weekend murder of an illegal alien in High Valley. Gary Pennock, 15261 Vali Hai Road,, requested an increased presence. of the Sheriff in High Malley. Council expressed `nape that enforcement of thin ordinance will help solve the, illegal, alien problem in Poway.; F Motion by Councilnadber .Emery seconded by Councilmember Oravec, to dose, the public. hearing, waive further reading and adopt Ordinance No. 1910 Motion carried 4-0 on a. roll cel vote with Mayor Kruse absent. ITEMS OMINANCE7 NO. 192, - SECOND, READIM ZOA 86-03: CU7DOOR LIG T NG Deputy Mayor Shepardsan. read: the title ofOrdinance No 192., "An Ordinance of the City of Fowayr California, Amending Certain Sections of Title 17 (Zoning Development Code) of the. Poway Municipal Code.," There was, no one present wishing to speak. Motion by CounciJImmi er Oravee, seconded by Councilmenber Tarzy, to close the public hearing, waive further reading and adopt Ordinance No. 192. Motion carried 4-0 on a roll call. vote with Mayor Kruse absent..: 3 i - s OCT -14 1986 ITEM 8 2298 x a I N, page 6 -CITY OF Mw - September lb , 1986 ITF3!+i 9 t DPI1-DICE No. 196 FIRST READMG A CC3�IQLIC B VF' , P ITIOLq IN PUBLIC Duty Mayor Shepatdson opened the public hearing and read the title of ordinance No. 196r "Ari Ordinance of the City of powayr California, Prohibiting y Possession' of Open Containers of Alcoholic Beverages on or Near premises Where ' Retail package Sale of Alcoholic Beverages Occurs." Staff report by, Assistant City Manager Fitch. This is a draft ordinance prou biting the: consumptioa or possession of open containers of alcoholic beverages in areas adient to- establishments.. The owners of a c me ercial center have requested assistance in controlling the behavior of some, of the patrons of a Local liquor and deli. He noted one change regui:ri.ng pasting at the entrance Of off -sale establishments. Srx in,g in favor: Dick Williamson, 13408 St. Andram Place discussed problem with c nstruc- tioil, W=kerS drinkingin the parking lot a fighting and harassing ClIStQtltrS r- j'eannie Niles, 14149 Twin. Peaks Load #12, was in `favor of the proposed ordi mance;, however;. requested- that customers- be alloy+ d to drink beer with Item purchased at the deli at the picnic table. outside. Council noted. than the Ordinance will. have to be uniformly enforced. Motion by Councilmember Emery, seconAed by Coincilmember' Tartyr to waive further reading of the continue the public hearing to September 23 1986, for >; second reading.. MatiOn carried 4-0` With. Mayor Kruse abSent., _ IjI'FM 10 ORDINANCE +ISD.- 197 - FIRST RFADM AN7[MAL: C OUZRM Ma or Shepardson upend the public hearing and read. the title of Y ' - Ordinance: No. 1970 "An Ordinance of the C.itY .of POmY, California. Ad 1 Ca of the, San Diems County Coder Relating to Animal: Control by Ref erence ani R�ci:nding Certain Sections- of the. Poway Nfuni ci pa Cade Relating to Animal Control." Y rt Assistant Ci Manager, Fitch. Because: the city contracts with Staff repo by City g County Animal. Control, the City of Poway must. adopt the County ordinances by reference. 'Phis includes the County's recent action prohibiting dogs riding in pick. -yap trucks and being left unattended in. vehicles. f YET t..?.-- art rovn Motion by Couinci]manber Emery, seconded by Council Oravec, to waive further reading of the Ordinance, continue the public hearing to September 23, 1986, for second reading. Motion carried 4-0 with Mayor. Kruse absent. ITEM li PARK FACILITIES AND RE CREATI t PROGRAM FEES Deputy Mayor Shepardson opened the public hearing. Staff report by Assistant City Manager Fitch. Council reviewed the proposed fees at an earlier workshop.. He clarified the fee under camping will also requirean additional 50 cents per person over four people. City Attorney. Eckis requested a finding be added to the Resolution that the fees charged do not exceed the cost of providing the service. Cwncilmember Tarzy expressed" concern that the City nay not be generating full cost recovery froom non-residents particularly in the gazebo and pavilion areas with company picnics. lie requested a follow-up report in six months Motion by, Councalmanber Oravec, seconded: by Counci].manber Tarzy to adopt Resolution No.: 86-099 entitled "A Resolution of the City Council of the City of Pty, California, Adapting Rules, Regulations and Fees for Operation of City of Poway Recreational Facilities," with the aged finding that fees charged do not exceed the cost of providing the. service. Dilation carried 4-0 with Mayor. Kruse absent. OaNIDITICNAL. USE PST 86-10 DEVEIDESIENT REVIRti86-16 APPL- UCANT- SUNRISE CENTER Staff report, by Director of Planning Services Touw. This is a request for approval, to allow the construction of an alcoholand chemical dependency rehabilitationfacility. to be located east of Panerado Hospital and north of the terminus of Monte. Vista. Court. She recommended a standard condition be added relating to constriction: water supply, anda condition be added to read..."project shall expire on September. 16, 1987 unless an application for a time :extension: is approved by the City Council prior to that date." Speaking in favor: Philip Butzen, 12630 Monte. Vista Road, asked for clarification of the ease- ment which is requiredto be for open space only and not for public use. He explained the correct alignment for the horse trail for the record. George Root, 101 W. Broadway, Suite 810, San Diego, attorney for the Hospital District. OCT 14 1988 ITEM 8 2301 ON NOT Y'T AP Page 9 CITY OF POWAY - September 16, 1986 Recommended Zoning Plan: RA. and CS Ukt Ren.v:Z Staff resort by by Director of Planning Services Touw. Recommendation is to continue to September 30, 1986 to allow staff to prepare an environmental deter- mination n and recannendat.i.on because of traffic generation impacts, noise problems and possible expansive soils. Speaking in favor of staff recommendation: Tony Aviano, 12729 Stone Canyon Road. One slip in favor was submitted not wishing to speak. Speaking in opposition: Mike Fry, 12819 Selma Court. Council took no action an this iter at this time. It will be brought back for consideration on September 30, 1986. GPA 86-025 and. ZA 86-023 Raymond Russ, applicant, located approximately 230 feet south of Poway Road an the west side ofAdah Lane. Current Land Use Plan:: Rural Residential C (1 duf 1, 2, or 4 net. acres) Current Zoning Plan: ,uhltsted Land Use Pian:: Requested Plan: BwaTmended- Land Use Plan:: Recatme lded Zoning Plana RRA Commercial' General CG Carmercial General. Staff report by Director of Planning Services Touw. . The majority of the site is in the Pommy Creek floodplain. Recommendation is approval of the General Plan Amendment t and the preparationof a "specific plan." Speaking in favor: Esther Handley, 13125 Vista View Drive. Raymond Russ Speaking in opposition: Deneen'Wilhelm, 13109 Vista View Drive. Council stated concerns with development within the floodplain, but concurrred. this is not suitable for single family development because it is bounded on. three sides, by commercial uses. OCT 14 1986 ITEM. 2303 NOT tAP"AR.0" a �'!r+!!A J Page to - CITY OF POWAY - September 16, 1986 Motion by Coiuncllmanber oravec, seconded by Councibmanber E sexy for tentative approval of GPA 86-02B. Motion carried 3!1 with. Co unciLuenber Tarzy opposed and Mayor Kruse absent. GPA. 86-02C and ZA 86-02C - Argumendb Navarro, applicant, located 170 feet south of Garden Road ar the east side- of Claire Drive. Current rand Use Plans Residential Single Family -9 (.4-7 du/net _ acre) Current Zoning Plan: M -T Requested- Land Use Plan: Q=wxcial General Requested Zoining Plan;CG Recommended Land Use Plan: Manufacturing Service Recommended ZoningPlan. 15 Staff report by -Director. .of Planning. Services Touw. Rection ,is to approve the General Plan P nw4ment. and prepare. a "specific, pian. n° Thane no,,one present washing to speak. Motion by Cauncilmember Emery' seconded by Coulcilmenber, Tarzy for tentative approval of GPA 86-02C. Motion. carried 4-0 , with Mayor. Kruse absent.. GPA. 86-02D and ZC86-02D - Graybli Medical Clinic/Michael I%gan, applicant, located south. of Poway grade: and ageroximately 11300 feed north of Sycamore Canyon & ad. F Current band. Use Pian.;Rural. Residenital A (l DU/4, 8�, 20 or 40 C' - net acres h' Current Zoning Plan i OMu- - rxmd Use Plan: Residential Rural. B (1. DU/2, 4, or 8 net acres requested Zoning Plan. RRA Recommended land. Use Plan: Rural Residential A (no change} Recannended Zoning Plan: RR -A trio change Staff` report by Director of Planning Services Touw. The rection is to deny because of the std sloped. OCT 14 1986 ITEM r 2304 2305 NOT - - YET Aen,-- PROVEDPage 12 - CITY CFPCWAY - September 16, 1986 rMt_ 14 DE'VEWL PMENF REVIEW 86.13 TEmpcRAw USE, P ; M T 86-57 APPLICANT:L PIEDMM° CONSTNXTICN t PCHAY PARR ) Staff report by Assistant City Manager Fitch. This- application is for the construction of 78 single-family unitsin Pint Park, Inc. (TIM 3545R)` and. a model -home complex for the property located approximately' 10,300 feet west > of Fspola Road.and north and south of Titan Way. He stated this was con 'timed ficom the September 2,, 1986hearing to give the applicant time to analyze the costs associated with staff's recatmendation that additional street lights be added along Lake Poway Road.. At that meeting staff indicated that four additionah street lights would be needed. Howeverr in laying out the street lights, only ; three additional lights were any required.. Staff reear:nnds- approval, with the addition that "Street lights shall: be added along hake. Poway Road:: subject to the. satisfaction of the_ Director of PubliC; ServiCes . "' { There was no one: present wishing to speak. Motion: by CounciLuember Tarzy, seconded. by councilmenoer Emery to adopt Resolution, No., P-86-64 entitled "A; Resolution of the City (:ouncil of the. City of ayCalifornia, Approving i�veloinent Review 86--13 and Temporary Use. pe u ' t 86=57 Assessor's Parcel : nw bers 278-44 -Ol to 4 and 278'-442-0T: a i amended.,Motion carried unanimously with Mayor Kruse absent.: ITEX 15 mvEwpm REVIEW 86-14 TEnpoRARY USE PENUT 86-64 _ APPLICANT*: MIS: GEODES (MLT P ' • HIP Staffreport by Assistant `City Manager Fitch. This application is for the construction of 28 s ngle�­fami:ly homes including a three -unit model: Complex at the northwest corner of Twin: Peaks and Catmunity, Road (TTM. 84-07) .: Rection is for approval with: conditions. Speaking in favors R. F. Guskeyr 14645 Dash Way, asked if the property line adjustments agreed to by American Housing Guild, the former owner, were: taken care of . Two slips suiznitted in favor not wishing to speak. E Speaking In oppositions Robert Bender, 14620 Poway Mesa Drive, requested the deed to the property in question, and requested better dust control to keep dirt out of his pool. f Bruce Hamilton, 13178 Woodmont Street spoke in opposition to, the project as } it is currently laid out because of access to Twin Peaks:, a. heavily travelled street. OCT 14 1986 ITEM 8 2306 -` Director of Planning Services Tam explainedthe property line adjustments will be made when the map is recorded. It is a condition. City Attorney Eckis suggested approval be cid .tinned upon approval of the final map and payment of all fees including bonding fees in connection with that nap. Councilalso agreed widening of Twin Peaks should be completed prior to building permit issuance. Motion by Councilmenber Tarzy, seconded. by Councilmember Oravec, to adapt Resolution No. P-86-65 entitled "A Resolution of the. City Council of the City of ?may, California, Approving Development Review 86-14 and Temporary Use Pelt 86-64 subject to completion of the final nap and amended to require cletton of final nap conditions, particularly the Twin- Peaks road improvements, prior to issuance of building permits, and Dash Way boundary adjustments completed. Motion carried 3-1 with:Cauncilmember Emery opposed and Mayor Kruse absent. ITEfi+i 16 CITY -TIDE CLEANUP PROGRAM Staff report by Assistant City Manager Fitch. This is a proposed comprehensive city-wide grogram to achieve the goalof 'caking Pov ay the cleanest city in. the County and: will involve coordinating � .ting the efforts of three depots.. 8e. explained thispickup and weed abatement,. will.::: involve roadside litter increasing the level ofstreet sweeping throughout the City, installing addi- tional litter receptacles throughout the commercial areas of Poway, increasing public awareness of litter problems and increasing litter and dining euf or- cement. He reca mended Council direct staff to pursue: that goal by implementing the program as described, subject to Council approval of budget amendments as needed. Councilmember emery re+auested staff investigate the cost of printing some sort of sticker that would have an anti -litter message for distribution, through the schools.. Motion, by Counciimanber key, seconded by Councilmember Oravec toapprove staff recammen dation . Motion carried 4-0 with Mayor Kruse absent. x`25 RESOILfl zw ESTABLISHING YIELD SIGNS AT I IERSECTI T OF SUMERFIELD' LSE AND RIOS ROAD This iten was pulled from the consent calendar by the public.. OCT 14 1986 ITEM 8 2307 Staff report by Assistant City Manager Fitch. Based upon the concerns of resi- dents within the area of the intersection of Stmmerfield Lane and Rios Road, the Engineering Division has investigated the areas traffic safety conditions • Recanmendatim is adoption of a resolution authorizing the placement of a yield sign at the intersection Council stated: they felt stop signs wed be more appropriatethan yield signs. Ten slips in opposition to staff recommendation were submitted but did not speak. Motu by Couneilmember Tarzy, seconded by Camciim fiber aravec, for approval of a four-way stop sign with direction to staff to bring back a Resolution reflecting this action. Motion carried 4-0 with. Mayor Kruse absent Staff report by Assistant City Manager Fitch. As a condition of approval of cain,,, . n_+ .intain Ranch, the developer was required to construct +an off-site gra- vity sewer main to the. Panerado Road trunk serer. Recommendation is to authorize the City Manager to enter into the agreement subject to the following conditions: Grading for SR Rcute 56, at a 40 -foot width, shall begin by no later than December 31, 1989. The graded road will act as a maintenanceroad for the gravity sewer main. Within. 12 months after cxmpleting the rough grading, the gravity sewn shall. be constructed. Carmel Maintain Ranch and the City shall share any costs for acquiring the right: -of -way for the 40 foot roadway. Carmel mountain Ranch has posh a Letter of Credit for $96,000, to secure their portion of the right -of -ray, should condemnation be necessary. Council requested a status report in four weeks regarding any other sewer capa- city catimitmants made by. PCS and what regional needs are for sewer, water and traffic. seconded by Counciiiue nber oravec to ` adopt staff Moticxn by Caunci.ber may, r into authorizing the City Manager to enter the subject r Kruse absent. agreement. Motion carried 4- � with iKayo r"OT APP pow 1986 VE - TY OF - September 16, Page 15 CI CITY MANAGER. IUM CFF DOCKET 29`. Assistant City Manager Fitch. presented Progress Pay Estimates for approval.. Motion by Ccuncilmember Tarzy, seconded by Councilmember to approve progress, Pay estimates to: 1 i` Hayward Construction Company for Midland Road widening in the amount of $45,3591.58; and 2) Hayward Construction Cant for the Paaerado Phase. I in the. amount: of $56,771.47. • Motion carried 4-0 with. mayor Kruse absent. QTY Ai MRNEY I'LE1S. 3 •n litigation.' 0. City Attorney Ecki.s requested a closed session regarding pending under, Government Code Section 54956.9, Flynn vsCitY O Poway- CGtJNC'rf•R.ITEMS . yn the Creek next 31. A Councilmanber DmerY'asked about. the dirt being dmTPA t0 Country View. Senior Civil: Engineer Schuler stated they, do have: a 'grading plan for work.. Couneilmember requested a written report +- • is green rather than brown., as soon as possible.. The dirt: being B. Council EMber Emery asked about the status of the: construction going on �. concurrent with widening of the road. at Sunrise Ranch. Senior Civil Engineer Schuler stated they` are: proceeding slower than was anticipated but they do. have a completed. erosion control plan.. council l ressed< concern that the houses would be caapleted before the improvenents are. C. counciluiember Emery rued staff bring back a report as to the sta- t tus and procedure. the City of San Diego goesd through prior to annexing ior operty. He was interesten whether not there has been a sphere Of influence or action taken by IAFCO, regarding the: County %land. f' D. Councilmember Emery submitted a mea regarding the actions, taken today' at. the San Diego city Council hearing on the SR 125 Alternatives. He stag they adopted Alternate M but, left the dooropt. for Alternative 8 if proper financing could be secured. Ccuncilmamber Amery asked and, received concurrence. from Council to authorize: the hosing of a cx nsultant to perfona the study, if deemed necessary. He noted Scripps Ranch. residents- did. support Alternate 8. As for the adoption of Alternative llA, the sof egt]ards requested by the City of Poway on behalf of the Creek Road residents were, for the mast part,, included in the motion. The major exclusion was terminating work airing the rainy season. OCT 1.4 1996 ITEM 8 r i 2309 OCT 14 3986 ITEM 8 r y Page 17. - QTYOF MA _Sivteuter 16:, 1986 Cl SESSQL r Deputy Mayor. Shepardscn called the meeting back into open session at 11:10 p.m. will all Councilmembers present except Cauncilmember Emery and Mayor Kruse., Deputy Mayor Shepardson stated direction was given to Counsel regarding pending litigation in closed. session. anIoocRma2 Upon motion. by Councilmember Oravec, seconded by Ccincilmember Tarzy, Deputy Mayor Shepardson ordered the meeting adjourned. The time of adjournment was 11:10 .p.m. Marjorie: K. W3histea , City Clerk City of Poway OGT I 4 1986 ITEM 8