Item 6 - Minutes of Meeting February 11, 1986The February 11, 1986, regular meeting of the ` City Council of the City of
Poway was called to order at 7:01 P.M. by Mayor. Kruse at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COONCIEMBERS ANSWERING ROLL CALL
Bob Emery, Linda Oravec, Mary Shepardson, Bruce Tarzy, Carl Kruse
STAFF ERS PRESENT
James Bowersox
Steve Eckis
John Fitch
Patrick Foley
Kay Jimno
Alan Archibald
John Bridges
Alan Schuler
Brad Kutzner
Jim Nessel
Jim Bentz
Jim Decker
Jo Seibert
PIKE OF ALLEGIANCE
Deputy Mayor Shepardson led the Pledge of Allegiance.
City Manager
City Attorney
Assistant City Manager
Assistant to the City Manager
Director of Administrative Services
Director of Public Services
Acting Director Planning Services
Senior Civil Engineer
Senior Civil Engineer
Associate Planner
Cannunity Services Manager
Sheriff ts Captain
Deputy City Clerk
PRESENTATION
Mayor Kruse presented awards for five years service
Councilmenbers Every, Oravec, Shepardson and Tarzy.
PUBLIC ORAL CCMMUNICATIONS'
Mayor Kruse explained the procedure for Public Oral Cannunicat ons . There was
no one present wishing to speak.
ITEMS 7 - 15
CONSENT CALENDAR
Mayor Kruse noted for the record that a corrected resolution has been presented
to Council for Item 13
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MAR 4 1986 ITEM
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Page. 2 CITY OF POWAY February 11, 1986v s�
Motion by Councilmember Emery, seconded by CounCilmember Oravec, to adopt the:
Consent CaZIft as follows including the corrected resolution on Item 13.-
7.
3:7 Approval of Minutes - City Council
January 28, 1986, Regular Meeting
January 30, 1986, Adjourned Regular Meeting
9. Ratification of Warrant. Register: January 30, 19860
10.. Approval of final map for Unit 1 of Tentative: Tract Map 85-43, Paul
E
Grimes/Smits Foundation, applicant..
ll. Award of bid for Lake Poway Concession lease to Felipe Castro for rent of
k 12$ of gross receipts ..
12. Adoption of ResolutionNo.. 86-013- entitled, "A Resolution of the City,
it f California, Establishing a No Standin � or
.:
Council Of the: City o Poway, .Cal o a, ng g
Parking Zone on Pomerado Road South. of Paseo Colina."
13. Adoption of Resolution No. 86-414 entitled, IVA Resolution of -the. ;City
Council. of the City of Poway,, California, Establishing an All -Way Stop,
Intersection at Martincoit and.'Rostrata Roads."
14. Approval of the following actions in connection with the contract for Lake
Poway West Improvements Phase III -AV, Erreca''s Inc... contractor:
A. Accept the improvements in accordance with the provisions of the
specifications.
B. Approve final change order in the amount of $9,762.42
Co Authorize final payment to the contractor in the: amount. of $8,386.18'.
D. Authorize the City Clerk to record a Notice of Ccmpletion.
E. Authorize payment of the 10% retention to the contractor in the amount
of $56,788.16, if unencumbered 40 days after filing the. Notice of
Canpletion j
15 dial of claim for damages, William Todd Doherty, claimant. I
Motion carried unanimously. I
MAR 4 1986
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ITEM
Page 3 - CITY OF POWAY February ll l 198
Tan Markley,. 16607 Martincoit Road, expressed appreciation for the all way stop
at Martincoit and Rostrata. He asked if other, improvements. are being
planned for Martincoit Road. Council member emery stated the City, will con-
tinue the road and the other safety before
time to monitor the .speed. Y measures
future actions would be taken regarding the road.
ITEM 4
ORDINANCE No.. 184 SECOND READING
SCHOOL FEES
Mayor Emery read the title of ordinance No., 184, "An Ordinance of the City of
Poway, California, Repealing Chapters 16.26 through 16.34 of the Poway Municipal. `.
Code and Adapting Regulations Implementing the Educational Facilities Section of
the Public Facilities Element. of the General Plan and Requiring a Written
Certification frau the School District Prior to the Approval of Proposed Land
Develptftents n
City Manager Bowersox stated some minor revisions have been made to the ordi-
nance
rdi: nance in response to the input at the joint meeting held. February 6, 1986, with:
the Poway Unified School District. In Section 16.25._020, Item E has been
deleted. to remove the. requirement for the School Project List., In Section
16.26.040-, wording has- been. changed to require 30% of the fees collected in
Poway to be: used for facilities within the: City of Poway. This 30%. represents
the new revenue source created by requiring school fees on lot splits and single
lots. Ia Section 16..26.100, the reference to the School Project List has: been
removed.
City, Manager Bowersox stated the City Attorney has reviewed the proposed changes
to the- ordinance and agrees that they would not be substantive.. Recommendation
is to hold second reading and adopt Ordinance No. 184.
Calm -Al requested a report on, the funding plan of the school district as it
relates to future facilities in order to be assured that these: school fees will
provide the: facilities: needed within Poway. city Manager Bowersox stated he
will request the plan from the District.
There was no one: present wishing to speck on this item.
Motion by Councilmember Emery, seconded by Councilmeber Shepardson, to close,
the public hearing and adopt Ordinance No. 184. Motion. carried unanimously with
a roll call vote.
City Attorney Eckis stated for the record that two public hearings are being
closed, the one originally opened for this ordinance on December 17, 1985, and a
special. hearing noticed for the joint meeting of the Council and the School
District. on February 6, 1986.
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Page 4 CITY OF POWAY February 11, 1986
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e Motion. by Councilmember Shepardson, seconded by Councilmen er Tarzy, to direct
the Mayor to appoint two Councilme.mbers to serve on a subcommittee to meet with
representatives of the School Board to discuss issues of mutual concern. Motion
carried unanim`usly. }
Mayor Kruse appointed Councilmembers Tarzy and ElTexywith himself as alternate.. f
ITEM 5
TENTATIVE TRACT MAP 82:04 TIME- EUENSIOIY
F APPLICANT" LADERA ASSOCIATES/SAL NIOSI
Staff report by City Manager Bowersox. He stated the request is for a time
extension for a previously approved seven -lot subdivision of 9.4 acres: located
on the west side of la Manch Road. This is the third and final time extension
that can be granted on, this map. Since the applicant has met the: criteria of
actively pursuing a course of action to final the: map, recommendation is to
approve a time extension to February 5, 1987 for TTM 82-04.
Marilyn Charron, 15222 Hilltop. Circle,• asked for clarification regarding sewer
lines and storm drain facilities.
Motion by Councilma ber Tarzy, seconded by Councilmember Shepardsonr to close Y
{
the public hewing' and adopt Resolution No. P-86-08 entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Time Extension for
Tentative Tract Map 82-04 Assessor's Parcel Number 314-02-61.,' Motion carried
4-:1, with. Councilmember Oravec opposed..
ITEn 6 s'
MINOR DEVELOPMENTREVIEW 85-59 4'
APPLICANT: RUPPMT` AND WANDA JONES '.
5
Introduction by City Manager Bowersox. He stated the: request is to install a'
dish antenna, ten feet six inches in, height and ten feet in diameter, at 1364?'
Orchard Gate Road. The ordinance regarding dish antennas requires. that those
greater than six feet in diameter meet certain criteria with respect to instal-
lation. and
nstallation-and screening from view. Recommendation is to approve the application
With conditions, if Council determines the dish antenna can be adequately f
screened._
Staff report by Acting Director of Planning Services Bridges;. He stated the
applicant was asked to provide information regarding how the dish is to be
screened and has subm&ttod 2 paintings showing the: house, yard, and the location
of the proposed. antenna. Staff has. submitted photographs of the site. frau
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Page5 -'CITY OF PC►WAY -February ll, 1986
various angles and believes: it can be screened on three sides. The black mesh
construction would camouflage it to a degree, but it would still be visible frau
the south.; He stated the question is whether the type and location of the pro-
posed landscaping adequately screens the antenna to mitigate the visual impact
from the street and the surrounding properties..
Speaking in favor of staff recamnendation:
Christopher Augustin., 4035 Pacific Highway, San Diego,- representing P�iic-
Satellite, he asked if Council was fam�.liar with the ECC ng
regarding regulation of satellite dish antennas.
City Attorney Eckis explained that the ruling preserves- the power of ;
jurisdictions to regulate the installation of these. structures for
aesthetic: purposes as long as a reasonable obaective for regulating
exists.
Byron Pastor, 1399 9t1i Avenue', Ste. 1309, San Diego, representing Pacific
Satellites submitted photographs:. ofthe property'
for Council review.
He pointed out the: location of the dish on the paintings submitted by
the, applicant.. Fie stated. the paintings are not drawn to'scaleand con
ceded that
if drawn to scale, the dish antenna would appear much
Ear larger. Mr.. Pastor submitted a flyer showing`a satellite dish'antenna.
'concealed: within a yard umbrella to show another kind of scr'en-ing, for
these -structures.
Ruppert Sones, 13647 Orchard Gate. Mr. Jones conceded the dish antenna
would.. not be completely
screened from view frau the south but stated
that it would not impair any neighbor's view.
Speaking against staff recaendation:
F g a g mm
Dick Allen, 16461 Bronco T:ane, President of Green Valley Civic Associate
F% stated GVCA opposes installation of satellite dish an
throughout Green Valley. He stated Mr. Jack Tripp, former' President of
GVCA has submitted a letter in opposition to this installation..
David Zettelf 15930 Ranch Hollow Road.
3
Don Alford, 15930 Overview Road.
Richard F3ender, 15946 Oueruiew Road, representing the architectural commit-
tee of he Green. Valley Highlands Unit Three. Homeowners Association.
He read a statement of his committee.:
Linda Bender, 1594.6. Overview Road.
Sharon. Jackson, 15938 overview Road.
John; R. Hoss., ` 13306 Arroya Vista Road.
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Page. 6 - CITY OF POWAY - February 11, 1986
There were Five slips submitted opposed to staff recommendation but not wishing
to speak
City Attorney Eckis stated council must determine.- whether or not this dish
antenm can b adequately screened from; view. Satellite. antenna applications j
are considered on a site: by site basis, and any number. of considerations may,
make it impossible, to locate one on a particular site and screen it from view.;
s Should Council choose to deny the, application, the justification: must be that
because of the rah and other conditions
t�.�J P Y specific to this application.,: the -
dish cannot
hedish.cannot be adequately screened.
He advised that should Council approve the permit, a statement be placed on the
permit warning the applicant that City approval of the permit does not, relieve.
the applicant of his obligation under the law to complywith the CC&R °` s appl
cable to his property.:
CounciLmenber Oravec stated she visited the site. Councilmember Tarzy stated
his residence is in Green Valley Highlands. Mayor Kruse stated he visited the.
Bender. residence: and is familiar with the: Jackson residence. Hey stated that
fromhis visit it is
apparentthat- the: proposed antenna cannot. be :screened, from
view from the: Jackson site and other sites south of the Jones site
} Discussion included: 1). the concern regarding the possibility of selectively
enforcing the ordinance by denying a permit. when there is opposition by
surrounding property owners and approving one: when no opposition is. voiced; 2)
the suggestion that: the: applicant work toward a compromise with the neighbors
and perhaps reduce the size of the dish; and 3) the discretionary right of
Council to -deny the: application against, staff recommendation when Council finds
that a dish antenna cannot be screen from the: view of neighbors.
Motion by Counci]nber Tarty, seconded. by Mayor Kruse to deny, the request,
finding that the topography of the site, the location of the Jones'' homer and the
surrounding homes makes it impossible to screen the: dish, from the viewe of
neighbors to the south of the Jones residence, and withthe hope that the appli-
cant will work with the adjacent property 7 P PAY owners to come to a mutually agreeable:
compromise. Motion carried 3-2 with Councilmembers wry and Oravec opposed.
Councilrequested a report regarding the application of this ordinance including
suggestions for tightening the standards to provide uniformity in controlling.
the installation of satellite dish antennas.
COUNCIiMIIMBER ITEMS
}
20. Councilimeber Shepardson suggested staff review driveway cuts on .Poway Roads
to determine if "Right. Turn Only signs are warranted to prevent. motorists;
from driving oven the medians.
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MAR4 1986 1TEM
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Page 7 -. CITY OF POWAY February, 11, 1986
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21. Councila tuber Tarzy asked the status of thegrading being done off of Stone,
Canyon. Road. Director of Public Services Archibald reported.
22.. Mayor Kruse asked staff to investigate a mobile home: located on the hillside
near Old Coach. Road., City wager Bowersox stated the City Attorney is
looking into the matter
AMG. r.
Upon motion by Counc ]member Tarzy, seconded by Counciin ber Oravec, Mayor.
Kruse ordered the meetingadjourned to 4:00 P.M., Thursday, February 13., 1986.,
The• time of adjournment was 9:00: P.M.
Jo Seibert, Deputy City Clerk
City of Poway
MAR 4 1986 tT tNC