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Item 10 - Approval of Minutes CITY OF POWAY, CAlIFORNIA MINUTES OF THE CITY COUNCIL REGUlAR MEETING SEPTEMBER 12, 1989 The September 12, 19B9, 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. COUNCILMEMBERS ANSWERING ROll CAll Linda Brannon, Bob Emery, Jan Goldsmith, Don Higginson, Carl Kruse COUNCILMEMBERS ABSENT AT ROll CAll None STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eck is John Fitch Susan Pulone Robert Thomas Alan Archibald Mark Sanchez Reba Wright-Quastler Steve Streeter Mark Weston Jay LaSuer, Jim Lyon Ri chard Howard Peter Moote Nancy Neufeld City Manager City Cl erk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Public Services Acting Director of Safety Services Director of Planning Services Assistant Director of Planning Services Ci ty Engi neer Sheriff's Captain Assistant Planner Management Analyst Management Analyst Deputy City Clerk PLEDGE OF AllEGIANCE Deputy Mayor Brannon led the Pledge of Allegiance. PUBLIC OIW. COMMUNICATIONS Mayor Kruse explained the procedure for Public Oral Communications. Jim Schanback, 1304B Brule Place, spoke regarding the Carriage Road closure issue and the resulting community divisiveness. ,: i 7 1989 IT E M 34gB 1" ~} Page 2 - CITY OF POWAY - September 12, 19B9 CONSENT CALENDAR Motion by Councilmember Brannon, seconded by Councilmember Higginson to approve the Consent Calendar as follows: 14, Ratification of Warrant Register - August 24, 19B9. 15, Denial of claim for damages: Robert Garramone. 16, Acceptance of public and private improvements and release of securities in conjunction with Poway Country Plaza, Development Review B7-14; located on the south side of poway Road approximately 500 feet east of Pomerado Road. 17. Approval of agreement to perform an automated management tracking, processing and collection system for security alarm permit with Western Alarm Tracking, and appropriation of $B,500 for contractual services. lB. Approval of agreement to perform Fire Department Plan Review and Inspection Services with Tomes, VanRickley and Associates, and appropriation of $332,140 for contract plan check and contract inspection services. 19. Receive and file report regarding pending legislation with recommendations as follows: 1) Support AB 1212 (Filante), establishing low interest loans for water reclamation and re-use projects; 2) Support AB 1441 (Clute), establishing service authorities for the abatement of abandoned vehicles; 3) Oppose Federal activity in the House Ways & Means Committee regarding mandatory medicare coverage for local governments. Motion carried unanimously. ITEM 4 ORDINANCE NO. 297 - SECOND READING RENTAL HOUSING USED FOR DRUG ACTIVITY Mayor Kruse read the titl e of Ordi nance No. 297, "An Ordi nance of the City of Poway, California, Establishing Section 8.90 of the Poway Municipal Code Regarding Rental of Housing Used for Drug Activity." Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. On August 29, 19B9, the City Council held first reading of the proposed ordinance. Staff recommends revisions to add recitals, clarify definitions and procedure, and add construc- tion and severability language. The changes are such that second reading should be continued to September 19, 19B9. Speaking in favor of staff recommendation: Phil Bonham and Scott Silverman, P.O. Box 12902, La Jolla, representing San Diego Apartment Owners' Association Phil Factor, 17079 Iron Mountain Drive Speaking in opposition to staff recommendation: Shari Jones, 1590B Windrose Way, San Diego Kristen Ogwaro, 15022 Calle Juanito, San Diego Dave Ditzler, 12B44 Francine Court ," , "1q8Ci IT E ~,~ i,' \ 1...'-, .... 1..\..., 3499 Page 3 - CITY OF POWAY - September 12, 19B9 Those speaking in opposition expressed concern regarding ev1ction pr10r to charges being filed, impact on families, and possible impact on availability of rental housing due to landlord reluctance to rent. City Attorney Eckis stated that eviction would not occur prior to the tenant being given the opportunity to be heard before a judge in an unlawful detainer action in Municipal Court. Motion by Counc11member Emery, seconded by Counc11member Goldsmith, to waive further reading of Ordinance No. 297 as revised, and continue the public hearing to September 19, 19B9, for second reading. Motion carried unanimously, ITEM 5 GENERAL PLAN AMENDMENT B9-04 A - H Mayor Kruse opened the public hearing and explained the General Plan Amendmednt process, Each of the General Plan Amendments will receive a tentative vote from Council after being heard. The public hearing will then be closed, final votes will be taken on each item, and the second readi ng of any ordi nances will be held on September 26, 19B9. GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04A Staff report by City Manager Bowersox, This item is for consideration of an application from Dr, Robert Rheinhardt and Dr. Frank Patonai for the redesigna- tion of approximately, 14.27 acres of land zoned Rural Residential-C to Residential Senior Citizen, located on the west side of Pomerado Road imme- diately south of St. Mi chael' s Church and opposite Roberto Way, The proposed redesignation would provide approximately 11 acres for senior housing and 4 acres for a neighborhood park. This request would be subject to approval by the voters under the provisions of Proposition FF (Ordinance 2B3). After on-site inspection and initial study, staff has concluded that the proposed General Plan amendment and zone change coul d result in potenti a I signi fi cant envi ronmenta 1 impacts and that the preparation of an Environmental Impact Report is required. Staff recommends to deny application without prejudice in order to provide time for the preparation of the EIR. Speaking in favor of staff recommendation: Bob Rheinhardt, 13362 Poway Road Speaking in opposition to staff recommendation: Darryl Stanley, 15277 Hilltop Circle Marilyn Wellnitz, 15206 Hilltop Circle Roberta Gibbens, 15262 Hiltop Circle Richard Hoffman, 12511 Alcacer Del Sol, San Diego, representing Bernardo Heights Maintenance Association No. 14 Bill Caid, 15347 La Manda Drive Neighbors expressed concern with the loss of property value, removal of rural nature of property, and stated that the density and proposed use for the pro- perty was not compatible with the surrounding residential neighborhood. - r- ~~ ,r . "Q'9 I I ,.. , " )'~ I _I '/ I....~ .... .,. 3500 Page 4 - CITY OF POWAY - September 12, 19B9 Council stated that they felt there was a lack of justification for an increase in density and could not support the proposed General Plan amendment/zone change, Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to take ten- tative action to deny General Plan Amendment/Zone Change B9-04A, Motion carried unanimously, RECESS AND CALL TO ORDER Mayor Kruse recessed the meeting at B:21 p.m" and called it back to order at B:29 p,m" with all Councilmembers present, GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04B Staff report by City Manager Bowersox, This item is for consideration of an application from Mr. Douglas Keyes for the redesignation of land use and zoning of 16,29 acres of undeveloped land located on the northeast corner of Pomerado Road and Metate Lane from Residential Single Fam11y 1 to Residential Senior Citizen, The request was previously reviewed by the City Council on May lB, 19B9, as Pre-General ~lan Amendment B9-03G. At that time, Counc11 concurred with the suggestion that the easterly portion of the property be developed with single-story senior housing and the westerly portion be a neighborhood park. Currently, there are no large City parks on south Pomerado Road, Recent analy- sis of senior citizen housing needs indicates a shortfall, especially in affor- dable, independent living units. Staff has conducted a site inspection and initial study and concludes that the proposed General Plan amendment and zone change could result in potential significant environmental impacts and that the preparation of an Environmental Impact Report is required. Staff recommends to deny application without prejudice in order to provide time for the preparation of the EIR. Speaking in opposition to staff recommendation: Roger Souders, 1272B Pomerado Road Council concurred the project could be a good use for the site, and requested neighborhood input be obtained before preparation and circulation of the draft environmental review. Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to take ten- tative action to deny General Plan Amendment/Zone Change B9-04B without preju- dice, and to direct staff to postpone initiating the environmental review process unt11 neighborhood meetings have been held. Motion carried unani- mously. GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04C Staff report by City Manager Bowersox. This item is for consideration of an application from W111iam Netolicky, et al, for the redesignation of seven con- tiguous parcels totaling approximately 5.73 acres from Residential Single Family 3 to Residential Senior Citizen, located at the southwest corner of Pomerado _'.-./1 ~,. ,-,t"> IT r. ~..'~ : '::; t)':' ~.... ..: , M i, <, 3501 Page 5 - CITY OF POWAY - September 12, 19B9 Road and Icarus Lane, The site consists of seven separate parcels, six of which are developed wi th si ngl e-famlly homes that access Icarus Lane, Due to the impacts of the property's close proximi ty to State Route 56 and Twi n Peaks Plaza, the desirability for single family uses has been reduced. Following on- site investigation and initial study, staff has determined that the proposed General Plan amendment and zone change could result in potential significant environmental impacts and that the preparation of an Environmental Impact Report is required. Staff recommends to deny the application without prejudice in order to provide time for the preparation of an EIR. Speaking in opposition to staff recommendation: James Lyons, 12223 Colony Drive Annette Warren, 12337 Colony Drive Craig Cousins, 1230B Icarus Lane Richard Muir, 12326 Colony Drive The speakers addressi ng Counc11 expressed concern regardi ng i nconsi stent pro- perty lines and easements for Icarus Lane, loss of rural nature of property, and increased traffic for the area. Following Higginson B9-04C. discussion, motion by Counc11member Emery, seconded by Counc11member to take tentative action to deny General Plan Amendment/Zone Change Motion carried unanimously. GENERAL PLAN AMENDMENT B9-04D Staff report by City Manager Bowersox. This City-initiated item is for con- sideration of an amendment to the land use element of the Comprehensive Plan regarding location criteria by which development proposals for publiC and semi- public uses can be evaluat~d. As a result df applications for expansion sub- mitted from St. Michael's Church and Green Valley Church, on June 13, 19B9, the Council modified Policy 15.j of the General Plan to allow publiC and semi-public uses in zones other than Rural Residential on slopes of ten percent or greater. Thi s amendment woul d set forth cri teria to be used in determi ni ng whether a specific site is appropriate for a public/semi-public use, Staff recommends approva I. There was no one present wishing to speak, Moti on by Counc11member Hi ggi nson, seconded by Councllmember Brannon, to take tentative action to issue a Negative Declaration, and approve General Plan Amendment B9-04D. GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04E This item is for consideration of an application from Nexus Development Corporation for the redesignation of land use and zoning from Residential Single Fam11y-7 to Residential Condomi ni um for an .11 acre parcel located east of Carriage Road opposite Robison Boulevard. The proposed redesignated parcel currently contains a single family residence which would be demolished and the ,. jl,.rl ;. ? 1989 ITC'''1 1.. .... 1 C . ' 3502 Page 6 - CITY OF POWAY - September 12, 19B9 site would be integrated into the site plan for the adjacent condominium project proposed by the Nexus Development Corporation. The property would be used for an access road connecting the project with Carriage Road. The access road for the original condominum project site plan was located approximately 130 feet north of Poway Road, which posed numerous constraints to traffic circulation due to its close proximity to a major roadway. Staff recommends approval. Speaking in favor of staff recommendation: Richard M. DiPietro, 9373 Towne Center Drive, San Diego, applicant, stated that the zone change on this parcel could allow two additional units to the proposed condominium project, He requested Council consider 74 units under the development review scheduled as Item B. Mary Wright, 13356 Carriage Road Sam Paschall, 13419 Starridge Street Bill Hedenkamp, 1331 India Street, San Diego, project architect Speaking in opposition to staff recommendation: Larry Cruse, 13734 Utopia Road, opposed additional traffic at the Robison and Carriage Road intersection. Following discussion, motion by Councilmember Higginson, seconded by Counc11member Brannon, to tentatively approve General Plan Amendment/Zone Change B9-04E. Motion carried 3-2, with Counc11members Emery and Goldsmith voting "no.11 GENERAL PLAN AMENDMENT B9-04F Staff report by Ci ty Manager Bowersox. Thi s City-i nitiated item is for con- sideration of an amendment to the Land Use Element of the General Plan regarding the excl usion of churches and other religi ous institutions from cri teria that limits the development of public and semi-public uses to slopes of ten percent or less. The proposed amendment would create the opportunity for development of churches on steep slopes and rugged terrain. In order to prevent projects incompatible with surrounding land uses, each would be evaluated under the cri- teria established by companion General Plan Amendment B9-04D. Approval of this amendment could potentially intensify the use in the rural residential areas, therefore, it would be subject to a vote of the people under the provisions of Proposition FF (Ordinance 2B3). There is a proposed revision to the resolution clarifying language relating to Proposition FF. Staff recommends approval, There was no one present wishing to speak. Motion by Counc11member Goldsmith, seconded by Counc11member Brannon, to take tentative action to issue a Negative Declaration, and approve General Plan Amendment B9-04F. Motion carried unanimously. ~ . ,-...... 1-:- 'C '" lJ ~ '"' :-:.':\':i l: ~~..: .1. l. 3503 Page 7 - CITY OF POWAY - September 12, 19B9 GENERAL PLAN AMENDMENT B9-04G Staff report by City Manager Bowersox, This item is for consideration of a City-initiated amendment to the Circulation Plan of the Circulation Element of the General Plan to delete Gate Drive/Midland Road (Link 35) as a two-lane "Collector Arterial" roadway from a point south of Poway Road to South Poway Parkway, At the August 2, 19BB meeting, the residents of the Los Lomas area asked the Counc11 to consider alternative alignments that would reduce the impacts to their subdivision that would be created by the construction of the southerly extension of Midland Road to South poway Parkway. On July 11, 19B9, the City Council directed staff to initiate the necessary proceedings to delete the subject road from the General Plan, The traffic stUdy prepared to address the proposed deletion found that adequate planned local and regional access into the Pomerado Business Park via Poway Road would remain if the proposed amendment is approved. Staff recommends leaving Gate Drive as a cul-de-sac and not extending Midland Road south into the Pomerado Business park. Speaking in opposition to staff recommendation: David Lemos, 13434 Tarascan Drive Motion by Counc11member Brannon, seconded by Counc11member Goldsmith, to take tentative action to issue a Negative Declaration, and approve General Plan AmendmentB9-04G, Motion carried unanimously. GENERAL PLAN AMENDMENT B9-04H Staff report by City Manager Bowersox. This item is for consideration of a City-initiated amendment to the Comprehensive Plan t9 add a Hazardous Waste Management Element to the General Plan, The Element incorporates the proposed San Diego County Hazardous Waste Management Plan which was approved by the City Council at the July 11, 19B9 meeting. Adoption of this plan would ensure that the City had legally binding criteria by which any application for a hazardous waste facility can be evaluated. Staff recommends that the Council certify that the envi ronmenta I impact report prepared for the San Di ego County Hazardous Waste Management Plan adequately and completely discusses the potential environ- mental impacts and adopt the Hazardous Waste Management of the General Plan. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to take ten- tative action to approve General Plan Amendment B9-04H. Motion carried unani- mously, Moti on by Councilmember Brannon, seconded by Councilmember Emery to close the public hearing. Motion carried unanimously. Confirming action taken as follows for General Plan Amendment B9-04 A-H: GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04A Motion by Counc11member Emery, seconded by Councilmember Higginson, to adopt Resolution No. B9-144 entitled, "A Resolution of the City Council of the City of Poway, California, Denying General Plan Amendment and Zone Change (GPA/ZC B9-04A)." Motion carried unanimously. . i r;(j9 ITE~,~ ~ (' 1 ; 3504 Page B - CITY OF POWAY - September 12, 19B9 GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04B Motion by Counc11member Higginson, seconded by Counc11member Brannon to adopt Resolution No. B9-146 entitled, "A Resolution of the City Counc11 of the City of Poway, California, Denying, Without Prejudice, General Plan Amendment and Zone Change (GPA B9-04B)," and di rect staff to bring back the EIR scoping hearing until after a neighborhood meeting has been held, Motion carried unanimously, GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04C Motion by Counc11member Emery, seconded by Counc11member Higginson to adopt Resolution No, B9-145 entitled, "A Resolution of the City Counc11 of the City of Poway, California, Denying General Plan Amendment and Zone Change (GPA/ZC B9-04C)," Motion carried unanimously. GENERAL PLAN AMENDMENT B9-04D Motion by Counc11member Higginson, seconded by Counc11member Brannon to adopt Resolution No, B9-147 entitled, "A Resolution of the City Counc11 of the City of Poway, California, Amending the Land Use Element of the General Plan of the City of Poway Comprehensive Plan (GPA B9-04D)." Motion carried unanimously. GENERAL PLAN AMENDMENT/ZONE CHANGE B9-04E Motion by Councilmember Higginson, seconded by Councilmember Brannon, to issue a Negative Declaration, and adopt Resolution No, B9-151 entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Land Use Element of the General Plan of the City of poway Comprehensive Plan (GPA 89-04E)." Motion carried 3-2, with Councilmember Emery and Councilmember Goldsmith voting "no.1I Mayor Kruse read the title of Ordinance No. 299, "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Property (ZC B9-04E)." Moti on by Counc11member Higgi nson, seconded by Counc11member Brannon, to waive further reading of Ordinance No. 299. Motion carried unanimously. Motion by Counc11member Higginson, seconded by Counc11member Brannon to set second reading of Ordinance No. 299 for September 26, 19B9. Motion carried 3-2, wi th Councllmember Emery and Counc11member Gol dsmith voti ng "no." GENERAL PLAN AMENDMENT B9-04F Motion by Councilmember Higginson, seconded by Councilmember Brannon, to issue a Negative Declaration, and adopt Resolution No. B9-14B entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Land Use Element of the General Plan of the City of Poway Comprehensive Plan (GPA B9-04F)," as revised. Motion carried unanimously. GENERAL PLAN AMENDMENT B9-04G Motion by Councilmember Higginson, seconded by Councilmember Brannon, to issue a Negative Declaration, and adopt Resolution No. B9-149 entitled, "A Resolution of ~ r :_ -- ;~ ;;9 l:- E >~ ~ '""I. .;.. '.; 3505 Page 9 - CITY OF POWAY - September 12, 19B9 the C1ty Counc11 of the City of Poway, California, Approv1ng an Amendment to the Circulation Element of the General Plan of the Poway Comprehensive Plan, General Plan Amendment (GPA B9-04G)." Motion carried unanimously. GENERAL PLAN AMENDMENT B9-04H Motion by Councilmember Higginson, seconded by Councilmember Brannon, to adopt Resolution No. B9-150 entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Poway Comprehensive Plan to Add a Hazardous Waste Management El ement to the Genera I Plan (GPA B9-04H)," Motion carri ed unanimously. RECESS AND CAll TO ORDER Mayor Kruse recessed the meeting at 10:22 p.m., and called it back to order at 10:2B p,m., with all Councilmembers present, ITEM 6 SPECIFIC PLAN BB-02 AMENDMENT APPLICANT: CITY OF POWAY Mayor Kruse opened the public hearing. City Manager Bowersox stated that the owner, Sun Coast Homes, has requested a conti nuance in order to di scuss the addition of other uses to the Specific Plan, Staff recommends continuance to October 17, 19B9, There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldsmith to continue this item to October 17, 19B9, Motion carried unanimously, ITEM 7 TENTATIVE TRACT MAP BB-16 APPLICANT: ERB ENGINEERING/WILLIAM GRETLER Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide a 7.1B acre site into six lots located at the western end of Rimbach Road. There is a proposed revision to the staff recom- mendati on regardi ng landscape maintenance di stri ct requi rements, Staff recom- mends approva 1, Speaking in favor of staff recommendation: Don Ayles, ERB Engineering, 14005 Midland Road, requested lot averaging be used for Lots 2 and 3 as the Slope analysis exceeds 15% and feels their proposed lot configurations are a better utilization for the lots. Moti on by Council member Higgi nson. seconded by Counc11member Brannon to trail this item to allow staff to discuss Mr. Ayles' request. Motion carried unani- mously. - f> 1~ r. 'I ~ "... j: .".... .1.\... 3506 Page 10 - CITY OF POWAY - September 12, 19B9 ITEM B TENTATIVE TRACT MAP B9-06/DEVELOPMENT REVIEW B9-20 APPLICANT: NEXUS DEVELOPMENT CORPORATION Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request for approval ofa 74 unit condominium project on an 11.5 acre site located on the northeast corner of Poway and Carriage Roads. In Apr11 19B7, a proposal for an B2 unit apartment project was denied by the Council based on concerns related to soil stab11ity and traffic safety. An updated geotechnical report was prepared and concluded that there were no geotechnical conditions which would predlude development or endanger adjacent properties pro- vided that remedial grading, and removal and recompacton of unstable f111 be performed. Subsequently, porti ons of the property were rezoned pI aci ng the upper interior slopes and graded pad area in the open space zone and the remaining six acres were zoned as residential condominium. The proposed project consists of 15 buildings with 4 to 6 units each with recreational facilities including a pool, recreation room, picnic areas, and tot lots. The portion of the site which is zoned open space will be regraded and landscaped. The project w111 take access from two points, one on Poway Road and one on Carriage Road. The Poway Road driveway will be designed to allow left turns into the site for eastbound traffic, but preclude left turns onto poway Road. A raised median will be constructed on Carriage Road up to the project's boundary at Robi son Boulevard. Staff recommends approval. Speaking in favor of staff recommendation: Richard DiPietro, 9373 Towne Center Drive., applicant Bill Hedenkamp, 1331 India Street, project architect San Paschall, 13419 Starridge Street Mary Wright, 13356 Carriage Road Speaking in opposition to staff recommendation: Russ Seibert, 12B41 Amber Hill Lane Larry Cruse, 13734 Utopia Road Those speaking in opposition expressed concerns regarding the impact of increased traffic on Poway and Carriage Roads. Following discussion, motion by Councilmember Higginson, seconded by Councilmember Brannon, to close the public hearing, issue a Negative Declaration, adopt Planning Resolution No. P-B9-110 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map B9-06 and Development Review B9-20, Assessor's Parcel Numbers 317-090-39, 40," as amended to del ete the I eft turn I ane median cut on eastbound poway Road, reduce units to 72, and to refer the poway Road access issue to the Transportation Task Force for study. Motion carried 4-1, with Councilmember Emery voting "no." j ~~ r '1 r;- .",..,.. 1 l:-:::~ I. 3507 Page 11 - CITY OF POWAY - September 12, 19B9 ITEM 7 TENTATIVE TRACT MAP BB-16 APPLICANT: ERB ENGINEERING/WILLIAM GRETLER This item had been trailed earlier in the meeting. City Manager Bowersox stated that staff recommends lot averaging be allowed under the Poway Municipal Code Section 17.0B.1BO,O, Motion by Councilmember Brannon, seconded by Councilmember Higginson, to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-B9-111 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map B9-16, Assessor's Parcel Number 317-520-05, 06," as revised regarding landscape maintenance district requi re- ments, and to allow lot averaging for Lots 2 and 3. Motion carried unanimously, ITEM 9 ORDINANCE NO. 300 - FIRST READING ZONING ORDINANCE AMENDMENT B9-0B GASOLINE SERVICE STATIONS IN COMMERCIAL COMMUNITY ZONE Mayor Kruse opened the public hearing and read the title of Ordinance No. 300, "An Ordinance of the City of Poway, California, Amending Section 17.1.0BO.2B of the Poway Municipal Code to Allow Gasoline Service Stations Which Provide Mechanical Service to Locate in the Commercial Community (CC) Zone if Permitted by Conditional Use Permit (ZOA B9-0B)." Staff report by City Manager Bowersox. At the August 22, 19B9 meeting, the Council expressed concern about the reduced number of gasoline service stations which provide mechanical services and directed staff to prepare an ordinance amendment to allow such stations by con- ditional use permit in the CC zone where all gasoline dispensing is currently prohibited. Staff recommends approval, There was no present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to issue a Negative Declaration, waive further reading of Ordinance No. 300, and continue the pUblic hearing to September 26, 19B9, for second reading. Motion carried unanimously. ITEM 10 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 60 Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. The City plans to underground the utilities on Espola Road from Twin Peaks Road to 1400' north of Twin Peaks Road and from Titan Way to Summer Sage Road. Staff recommends establishing an Underground Utility District. There was no one present wishing to speak. ';f.'R.rt 1 . ~,~". Ie 350B Page 12 - CITY OF POWAY - September 12, 1989 Motion by Councilmember Emery, seconded by Councilmember Higginson to close the public hearing and adopt Resolution No. 89-152 entltled, "A Resolution of the City Council of the City of Poway, California, Establishing Underground Utility District No. 60 in the City of poway on Espola Road between Twin Peaks Road and 1400' north of Twin Peaks Road, and Tltan Way to Summer Sage Road." Motion carried unanimously. ITEM 11 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 61 Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. The City plans to underground the utilities on Community Road from Civic Center Drive to Poway Creek. Staff recommends establishing an Underground Utlllty District, There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Goldsmith to close the public hearing and adopt Resolution No. 89-153 entltled, "A Resolution of the City Councll of the City of Poway, California, Establishing Underground Utllity District No. 61 in the City of poway on Community Road between Civic Center Drive and poway Creek. Motion carried unanimously. ITEM 12 CARRIAGE ROAD TRAFFIC ANALYSIS Staff report by City Manager Bowersox. At the August 22, 1989 Council meeting, residents of Herltage Hill s and the Carriage Road area requested Carriage Road be opened at its intersection with Starridge Road, or if not, that Pequot Drive could be left closed. Council directed staff to conduct a preliminary traffic analysis to determine if that could be the basis for a decision on Carriage Road, and to report back in three weeks regarding the time-line for completion of the traffic analysis. Council also directed staff to keep Carriage Road and Pequot Drive closed until a decision is reached. Staff has received one response from BSI Consultants on the request for proposals indicating an eight- week time frame for completion. Staff recommends the report be received and fll ed. Speaking in opposition to staff recommendation: Donald Blackwell, 14123 Arbolltos Drive, presented photos of the Carriage Road and Arbolitos Drive David Rees, 13552 Pequot Drive Jim Schanback, 13048 Brule Place David Lemos, 13434 Tarascan Drive Francine Nadey, 13427 Pequot Drive James Towne, 13052 Brule Place The primary concerns expressed by the speakers was the expenditure of funds and scope of data to be collected for the traffic study, and an increased amount of traffic utilizing Arbolitos Drive as a shortcut. j-;-r;" :~ r 1 7 1~~i9 '~:..~ H. 3509 Ie Page 13 - CITY OF POWAY - September 12, 1989 Following discussion, motion by Councilmember Brannon, seconded by Councilmember Emery to direct staff to: revise scope of traffic analysis to study specific issues of safety, alternative roadway and parking design: expand upon prelimi- nary traffic study prepared by SANDAG consultant with updated traffic counts as soon as available from the Mid-County Transportation Study; and to bring back a report at the October 17, 1989 Council meeting to be held at the Community Center. ITEM 13 DEVELOPMENT REVIEW 89-16 APPLICANT: DON PATCH/STRATFORD COMMUNITIES Councilmember Brannon stated that she would disqualify herself from this item and left the room at 12:21 a.m. Staff report by City Manager Bowersox. This is a request to construct nine single-family homes within previously approved Tentative Tract Map 87-08 located on the east side of Tlerra Bonita Road directly across the street from Tierra Bonita Elementary School. The pad eleva- tions will not deviate from the height set with the tentative map in order to protect the views of the existing homes. Staff recommends approval. Speaking in favor of staff recommendation: Don Patch, 14005 Midland Road, applicant Don Ayles,' ERB Engineering, 14005 Midland Road, requested lot elevations within 6 inches of tentative map be allowed due to the grading plans. Clty Manager Bowersox stated that neighborhood meetings have been held wlth staff in attendance and that the developer and neighbors have reached accord. Motion by Councilmember Higginson, seconded by Councilmember Goldsmith, to adopt Planning Resolution No. P-89-112, entltled, "A Resolution of the Clty Council of the City of Poway, California, Approving Development Review 89-16, Assessor's Parcel Number 321-291-37, 40, 41." Motion carried 4-0, wlth Councllmember Brannon abstaining. (Councilmember Brannon re-entered the meeting at 12:33 a.m.) CITY COUNCIL-INITIATED ITEMS 25. Councilmember Higginson stated that he will reschedul e hi s appoi ntment to the Parks and Recreation Committee at a later date, and that his next appointment would be for the Redevelopment Commlttee at the September 19, 1989 meeting. . 26. A. Mayor Kruse requested Council consider a pre-development conference request for the September 21, 1989 workshop regardi ng GPA 89-04B, located at the northeast corner of Metate Lane and Pomerado Road. Council concurred to schedule for September 21, 1989. B. Mayor Kruse announced that Dr. Fred VanLeuven and Gloria Johnston are the Poway Unified School District designees to the Performing Arts Advisory Committee. ::;_:~: : T '"7. :.'~ . .. 3510 Page 14 - CITY OF POWAY - September 12, 1989 ADJOURtf4ENT Upon motion by Councilmember Higginson, seconded by Council member Goldsmlth, Mayor Kruse ordered the meeting adjourned. The time of adjournment was 12:35 a.m. Marjorie K. Wahlsten, City Clerk City of Poway '~I 1 7 E:~l; rr r: :','; 3511 CITY OF POWAY. CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEleER 19. 1989 The September 19, 1989, regular meeting of the City Council of the City of poway was called to order at 7:02 p.m. by Mayor Kruse at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMaeERS ANSWERING ROLL CALL Linda Brannon, Bob Emery, Jan Goldsmith, Don Higginson, Carl Kruse COUNCILMaeERS ABSENT AT ROLL CALL None STAFF MaeERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Patrick Foley Susan Pulone Robert Thomas Alan Archibald Mark Sanchez Steve Streeter Mark Weston Jay LaSuer Janet Anderson Pamela Colby Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Assistant to the City Manager Director of Administrative Services Director of Community Services Director of Public Services Acting Director of Safety Services Assistant Director of Planning Services Clty Engi neer Sheriff's Captain Management Analyst Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Brannon led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Kruse explained the procedure for Public Oral Communications. 1. Art DePinto, 13042 Brule Place, asked about placement of traffic counters in the Carriage Road area. Director of Public Services Archibald stated that there are approximately 3D locations to be counted and only 10 counting devices. The counters will be moved after a 24-hour period until all locations are covered. 2. Anne O'Rourke, 14349 York Avenue. spoke regarding the requirements and approval process involved for her home remodel project and stated she was withdrawing her application for MOR 89-77. ~ :::)g j;s~',~ 1 r .- '.,~ Page 2 - CITY OF POWAY - September 19, 1989 CONSENT CALENOAR Motion by Councilmember Brannon, seconded by Councilmember Emery to approve the Consent Calendar as follows: 15. Ratification of Warrant Register - August 31, 1989. 16. Receive and file annual report of water deliveries to Ramona. 17. Acceptance of donation of construction trailer in Pomerado Business Park from Cadillac Fairview. 18. Approval of policy regarding facllity use agreements between community groups and the City (referred from August 29, 1989, Item 8). 19. Acceptance of the installation of flashing beacons on Stone Canyon Road from O&H Perry Electric. (1314) 20.1 Adoption of Resolution No. 89-154 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring a Public Nuisance to Exist on Property Identified as Assessor's Parcel Number 321-180-58 (Vahidi)." (Confirming action taken on September 5, 1989, Item 13.) 20.2 Approval of response to San Oiego County Grand Jury Report #15 "City of Poway Mountain Road project" and adoption of Resolution No. 89-155 entitled, "A Resolution of the City Council of the City of Poway, California, Pertaining to the Paving of Private Roads." 20.3 Approval of application for temporary shooting permit for Pomerado Posse's activities during Community Days, September 23-30, 1989. Motion carried unanimously. ITEM 4 OROINANCE NO. 298 - SECONO READING CABLE TELEVISION SYSTENS Mayor Kruse read the title of Ordinance No. 298, "An Ordinance of the City of Poway, California, Amending Chapter 5.60 of the Poway Municipal Code Relating to Cable Communications or Cable Television Systems." City Manager Bowersox stated that this amendment would bring our code into conformance with federal law and allow greater flexibility in negotiating future franchise agreements. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the publ ic hearing, waive further reading and adopt Ordinance No. 298. Motion carried unanimously on a roll call vote. ,,'r 1 ~ 1:~a ITP.1 1 G ,"..; I ~, ...;v~; ,.... _ Page 3 - CITY OF POWAY - September 19, 1989 ITEM 4.1 ORDINANCE NO. 297 - SECOND READING RENTAL OF HOUSING USED FOR DRUG ACTIVITY Mayor Kruse read the title of Ordinance No. 297, "An Ordinance of the City of Poway, California, Establishing Section 8.90 of the Poway Municipal Code Regarding Rental of Housing Used for Drug Activity." The proposed ordinance was first read on August 29, 1989, and continued to September 12, 1989, for second reading. At that time revisions were made as recommended by the City Attorney and the second reading continued to this date. Staff recommends adoption. Speaking in opposition to staff recommendation: Shari Jones, 15908 Windrose Way, San Diego Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to close the public hearing, waive further reading and adopt Ordinance No. 297. Motion carried unanimously on a roll call vote. CITY COUNCIL INITIATED ITEMS ITEM 23 & 25 COMPREHENSIVE DRUG PREVENTION PROGRAM Mayor Kruse stated that Councllmember Brannon and Councllmember Goldsmith have requested that their item be discussed at this point in the meeting as it rela- tes to the ordi nance just adopted. Council member Brannon stated that she has been working with Councilmember Goldsmith in proposing a zero tolerance policy as it relates to illegal drug use in the community. They suggest that the Council form a sub-committee to address the 'following areas: 1) zero tolerance in all city contract, conditional use permits and licenses; 2) evaluation and creation of a zoning designation for treatment facilities; 3} enforcement sup- port; and 4) community-wide education program. Councilmember Brannon also pre- sented the County of San Diego's "Drug-Free Bill of Rights." Following discussion, Motion by Councilmember Emery, seconded by Councllmember Higginson to form a Councll sub-committee consisting of Councllmember Brannon and Councilmember Goldsmith to develop the specifics for a the City's comprehen- sive drug free policy. Motion carried unanimously. ITEM 5 MINOR CONDITIONAL USE PERMIT 89-10 APPLICANT: STEPHEN G. GARAN Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 296 square foot guest quarters attached to a single-family home located at 17517 St. Andrews Drive. Staff recommends appro- val. There was no one present wishing to speak. 1~' ~::.: \-~r_~:...; j'...Ji i.' '-.J..J.' Page 4 - CITY OF POWAY - September 19, 1989 Motion by Councilmember Higginson, seconded by Councilmember Goldsmith, to close the public hearing, and adopt Planning Resolution No. P-89-113 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 89-10, Assessor's Parcel Number 273-141-05." Motion carried unanimously. ITEM 6 MINOR CONDITIONAL USE PERMIT 89-12 APPLICANT: STEVE ARNOLD Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 760 square foot detached guest house at 12910 Lomas Verdes Drive. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Brannon, to close the public hearing, and adopt Planning Resolution No. P-89-114 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 89-12, Assesor's Parcel Number 273-911-40." Motion carri ed unanimous ly. ITEM 7 INTENT TO PREPARE ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT/ZONE CHANGE 89-04A City Manager Bowersox stated that it is necessary to remove thi s item from calendar as the General Plan amendment/zone change application was denied by Council at the September 12, 1989 General Plan amendment hearings. There was no one present wishing to speak. Moti on by Councllmember Emery, seconded by Counci lmember Higgi nson to remove this item from calendar. Motion carried unanimously. ITEM 8 INTENT TO PREPARE ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT/ZONE CHANGE 89-04B City Manager Bowersox stated that it is necessary to remove thi s item from calendar as the General Plan amendment/zone change application was denied without prejudice by Council at the September 12, 1989 General Plan amendment hearings. At that time, Councll requested that neighborhood input be gathered on the project before preparation of the environmental impact report. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Higginson to remove this item from calendar. Motion carried unanimously. . .' . \'- --: . ~ ., Page 5 - CITY OF POWAY - September 19, 1989 ITEM 9 INTENT TO PREPARE ENVIRONMENTAL IMPACT REPORT GENERAL PLAN AMENDMENT/ZONE CHANGE 89-04C City Manager Bowersox stated that it is necessary to remove thi s item from calendar as the General Plan amendment/zone change application was denied by Council at the September 12, 1989 General Plan amendment hearings. There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councllmember Higginson to remove this item from calendar. Motion carried unanimously. ITEM 10 APPEAL OF MINOR DEVELOPMENT REVIEW 89-124 APPLICANT: KARL & PAMELA FISCHER City Manager Bowersox stated that the applicant has withdrawn their request for appeal as the conditions for appeal have been resolved. Staff recommends this item be removed from calendar. Motion by Councilmember Higginson, seconded by Councilmember Brannon to remove this item from calendar. Motion carried unanimously. ITEM 11 RESPONSE TO CITIZEN INQUIRY REGARDING HILLEARY PARK City Manager Bowersox stated that at the August 22, 1989 Council meeting, resi- dents from the Country View Condominiums expressed concerns regarding the deve- lopment of a proposed park located west of Community Road between Hilleary Place and Sycamore Avenue. On April 4, 1989, the Councll approved the prel iminary park conceptual plan. The park site will consist of one ballfield, one soccer field, a basketball court, restroom, tot lot, picnic area and parking lot. Major activities for the park wll1 be conducted in the southeast portion and separated from the neighborhood by the creek and landscaping. Staff recommends report be received and filed. Speaking in favor of staff recommendation: Dale Whitikko, 13669 Comuna Drive, representing Country View Condominiums association, requested they be allowed to provide input on the final design for the park. Council concurred with staff recommendation to receive and file report and requested that the Wanesta Drive residents also be included in the planning stages. , .~ '",';" ..J '... I 1 ' ':,".;::1 I. r. " ,~ ~ ; ~,... .. Page 6 - CITY OF POWAY - September 19, 1989 ITEM 11.1 RESPONSE TO CITIZEN REQUEST FOR CROSSWALK ON COMMUNITY ROAD SOUTH OF SYCAMORE TREE LANE Introduction by City Manager Bowersox. Staff report by City Engineer Weston. At the August 22, 1989 Council meeting, residents from the Country View Condominiums requested a crosswalk be striped on Community Road south of Sycamore Tree Lane. Thi s request has been revi ewed by the Traffi c Safety Committee and the City's Traffic Engineer. Due to the safe accident history of this location, and the false sense of security created by painted crosswalks, staff recommends that no pedestrian crossing be striped. Speaking in favor of staff recommendation: Dale Witikko, 13669 Comuna Drive, representing Country View Condominium association, requested follow-up traffic monitoring at this location after completion of Hilleary Park for possible traffic signal or four- way stop sign. Council concurred to receive and file report. ITEM 12 RESPONSE TO INQUIRY REGARDING GRADING INSPECTION FEE FOR MINOR DEVELOPMENT REVIEW 89-77 APPLICANT: DON PAT & ANNE O'ROURKE Staff report by City Manager Bowersox. At the August 29, 1989 Council meeting, Anne 0' Rourke, 14349 York Avenue, requested waiver of the publi c works i nspec- tion fee for her Minor Development Review application. In 1988, the Council adopted a minimum fee of $500 for inspection of MORAs to cover costs of field review, including inspection both before and after construction. Staff recom- mends that this fee be upheld and that the report be received and filed. Council concurred to receive and file report. ITEM 13 STATUS OF LANDSCAPING IN THE POMERADO BUSINESS PARK Staff report by City Manager Bowersox. At the August 29, 1989 meeting, Councilmember Emery requested a report on the status of 1 andscapi ng in the Pomerado Business Park. A schedule has been prepared for Cadlllac Fairview's completion dates for Phase I by December 10, 1989, and Phase II completion dates by August 31, 1990. There is a revision to the completion dates on Page 2 from May 31, 1989 to May 31, 1990. Staff recommends that resolutions of approval for future projects in the Pomerado Business Park include a provision that all the conditions must be satisified within two years of the final map, or prior to issuance of bui 1 di ng permi ts. Staff recommends the report be recei ved and filed. Council concurred to receive and file report. ~ ,- L.. . ~ ~: ~. ; "i I. ....;. Page 7 - CITY OF POWAY - September 19, 1989 ITEM 14 STATUS REPORT OF SEWER CAPACITY Staff report by Ci ty Manager Bowersox. On November 15, 1988, the Counci I adopted Ordinance No. 281 which established new categories for sewer allocation and designated the amount of sewer capacity to be remaining in each category. As of July 21, 1989, the following is the remaining capacity in each category: I} Residential, Public, Semi-Public, 148; 2} Commercial, 296; 3} Industrial, 833; 4) Failing Septic Systems, 15; 5} Reserve, 129; for a total EDU remaining of 1,421. Staff recommends continuing to allocate sewer capacity on a first- come, first-serve basis and that Council direct staff to investigate the use of a flow equalization basin as a means of temporarily increasing sewage capacity until our reclamation facility or additional pipelines are constructed. Functioning much like a storm drainage retention basin, wastewater is stored in a tank duri ng peak flow peri ods and di scharged into the sewer at low flow periods. It would take two years to plan, design, and construct. Councll expressed concern regarding spending time on another project when the water reclamation project needs full attention to keep it on track; and allowing flows to increase and levelling them out through a "stopgap" measure. Moti on by Councllmember Brannon, seconded by Councllmember Emery, to di rect staff to continue to allocate sewer capaCity on a first-come, first serve basis, and to agressively pursue the completion of the City's Waste Water Reclamation Treatment Facility. ITEM 14.1 REPORT REGARDING REVISED LANDSCAPE SCREENING PLAN FOR OLD POWAY PARK AT SYCAMORE AVENUE Staff report by City Manager Bowersox. At the August 22, 1989 Council meeting, Sycamore Avenue residents expressed concern on the design of Old Poway Park. The neighbors felt that the design did not provide adequate privacy their homes and encouraged parking on Sycamore Avenue. The architect for Old Poway Park and staff have met wi th the resi dents and recommend a revi sed I andscapi ng pI an including a lodge pole rail fence on the park side of Sycamore Avenue buffered with shrubs and climbing roses. Speaking in favor of staff recommendation: Bob Steven, 14134 Sycamore Avenue Motion by Councilmember Emery, seconded by Councilmember Brannon to approve the revised landscaping plan for Old Poway Park. Motion carried unanimously. . j r 1 ~. , 1-", I. :_' 1 \ Page 8 - CITY OF POWAY - September 19, 1989 ITEM 14.2 REPORT ON TRANSPORTATION TASK FORCE CALENDAR AND APPROPRIATION OF FUNDS Staff report by City Manager Bowersox. The Transportation Task Force has established a calendar to address proposed sUbjects to be completed from October 1989 to March 1990. To complete the items within the calendar's designated time frames, staff will require assistance from consultants in analyzing and pre- paring the necessary reports. Staff is estimating a cost of approximately $95,000. It is recommended that Council authorize staff to proceed with the analysis of the items on the second revision of the Transportation Task Force calendar, and appropriate $33,250 (35%) from the unappropriated fund balance in the General Fund, and $61,750 (65%) from the Redevelopment Agency Fund. Motion by Councllmember Emery, seconded by Councllmember Higginson to approve staff recommendation. Motion carried unanimously. ITEM 22 CITY ATTORNEY ITEMS City Attorney Eckis stated that the McCaw property has been cleared except for one vehicle which will be removed, weather permitting. It will not be necessary to record a lien notice on the property. City Attorney Eckis stated that at the request of Mr. Vahidi's attorney, he has granted a two week extension for Mr. Vahidi to remove the public nuisance on his p rope rty. CITY COUNCIL-INITIATED ITEMS 24. Councllmember Emery requested a better patch on Espola Road at Valle Verde Road over the newly installed water/sewer lateral. 26. Councllmember Higginson announced that he is appointing Brian Herz to the Redevelopment Advisory Committee. 27. Mayor Kruse stated that he is deferri ng hi s appoi ntment to the Migrant Worker Committee to a later date as there are now two vacancies to be filled. ADJOURtf4ENT Upon motion by Councilmember Higginson, seconded by Councilmember Brannon, Mayor Kruse ordered the September 21, 1989 meeting cancelled and the Pre-Development Conference for GPA/ZC 89-04B rescheduled to the October 3, 1989 meeting. The time of adjournment was 8:36 p.m. Marjorie K. Wahlsten, City Clerk City of poway 1'-- j--' " CITY OFPOWAY. CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEleER 26. 1989 The September 26, 1989, 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 Ci ty Councll Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMaeERS ANSWERING ROLL CALL Linda Brannon, Jan Goldsmith, Don Higginson, Carl Kruse COUNCILMEleERS ABSENT AT ROLL CALL Bob Emery STAFF MEleERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Susan Pulone Robert Thomas Mark Sanchez Reba Wright-Quastler Steve Streeter Mark Weston Jay LaSuer Janet Anderson Pamela Colby Ri chard Howard Peter Moote Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Acting Director of Safety Services Director of Planning Services Assistant Director of Planning Services City Engi neer Sheriff's Captain Management Analyst Management Analyst Management Analyst Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Brannon led the Pledge of Allegiance. PROCLAMATIONS Mayor Kruse presented the following proclamations: "Retarded Citizen Days" for September 29 thru October 1, 1989, presented to Bob GUSky, Grand Knight of Poway Knights of Columbus. "Friends of the Poway Library Membership Month" for October, 1989, presented to Susan Sheldon, President, Friends of the Poway Library. '; ~ ~ '7 r: - ,-,-'., ,:; Page 2 - CITY OF POWAY - September 26, 1989 PUBLIC ORAL COMMUNICATIONS Mayor Kruse explained the procedure for Public Oral Communications. 1. Orval Hill, 13001 Bowron Road, spoke regarding traffic concerns at the intersection of Civic Center Drive and Bowron Road. 2. Larry Cruse, 13734 Utopia Road, spoke regarding mix of one- and two-story homes on Starridge Road between Carriage Road and Silverlake Drive. City Manager Bowersox stated that staff will report back withi n the four week time frame established by the Council. CONSENT CALENDAR Mayor Kruse stated that Items 18 and 19 were pulled from the Consent Calender by staff. Motion by Councilmember Brannon, seconded by Councilmember Higginson to approve the Consent Calendar as follows: 13. Ratification of Warrant Register - September 7, 1989. 14. Receive and file report regarding the analysis of alternate emergency vehicle access to Millards Road finding an additional access is not necessary. (Referred from August 22, 1989, Item 5). 15. Adoption of Resolution No. 89-156 entitled, "A Resolution of the City Council of the City of Poway, California, Concurring in the Initiation of a Specific Plan for ADI Properties, Creekside Plaza (SP 89-04)," located on the south side of Poway Road, between Community and Midland Roads. 16. Adoption of Resolution No. 89-157 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Traffic Signals in the City of Poway," located at Pomerado Road/Metate Lane, Pomerado Road/Stowe Dri ve, Pomerado Road/South poway Parkway, South Poway Parkway/Ki rkham Road, South poway Parkway/Community Road, Communi ty Road/Stowe Drive. 17. Adoption of Resolution No. 89-158 entitled, "A Resolution of the City Councll of the Ci ty of Poway, State of Ca Ii fornia, Orderi ng the Summary Vacation of Certain Drainage Easements Within: Lots 12 through 15 inclu- sive, 39, 40, 41, 61, and 73 of City of Poway Tract No. 84-08 According to the Map thereof No. 12044 Recorded in the Office of the County Recorder of San Diego County as Flle No. 88-177346 on April 18, 1988 (Vacation 89-10);" Resolution No. 89-159 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Summary Vacation of a Sewer Easement Within: Lots 65 and 66 of City of Poway Tract No. 84-08 According to the Map Thereof No. 12044 Recorded in the Office of the County Recorder of San Diego County as File No. 88-177348 on April 18, 1988 (Vacation 89-11)," located on Espola Road east of Titan Way. /' r 1 -. ]';;':' I T ~. :..'~ , I, Page 3 - CITY OF POWAY - September 26, 1989 20. Approval of temporary sewer connection, Daniel and Robert Flud applicants; located on the east side of Espola Road, approximately 600 feet north of High Valley Road, APN 321-012-49. 21. Approval of final map for Tentative Parcel Map 89-08, poway Industrial Properties applicant, and directing its recordation; located in Pomerado Business Park at southwest intersection of Community Road and South Poway Parkway. 22. Receive and file report regarding status of pending legislation. 22.1 Approval of continuance to October 10, 1989, for selection of a consultant for Transportation Task Force Work Plan. Motion carried 4-0, with Councilmember Emery absent. ITEM 5 ORDINANCE NO. 299 - SECOND READING ZONE CHANGE 89-04E/NEXUS PROPERTY Mayor Kruse read the title of Ordinance No. 299, "An Ordinance of the City of Poway, Changing the Zoning Classification of Certain Property (ZC 89-04E}." Moti on by Councilmember Gol dsmith, seconded by Councilmember Brannon to waive further reading of Ordinance No. 299. Motion carried 4-0, with Councilmember Emery absent. Motion by Councilmember Higginson, seconded by Councllmember Brannon to adopt Ordinance No. 299. Motion carried 3-1, with Councllmember Goldsmith voting "no," and Councilmember Emery absent. ITEM 6 ORDINANCE NO. 300 - SECOND READING ZONING ORDINANCE AMENDMENT 89-08 GASOLINE SERVICE STATIONS IN COMMERCIAL COMMUNITY ZONE Mayor Kruse read the title of Ordinance No. 300, "An Ordinance of the City of Poway, California, Amending Section 17.10.080.28 of the Poway Municipal Code to Allow Gasoline Service Stations which Provide Mechanical Service to Locate in the Commercial Community (CC) Zone if Permitted by Conditional Use Permit (ZOA 89-08}." There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith, to close the public hearing, waive further reading and adopt Ordinance No. 300. Motion carried 4-0, on a roll call vote with Councilmember Emery absent. ,,~:T 1-'" 1;)~; IT ::,:,J Page 4 - CITY OF POWAY - September 26, 1989 ITEM 7 TENTATIVE PARCEL MAP 89-04 APPLICANT: GREEN VALLEY RIDGE ESTATES Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide 2.7 acres into four parcels located on the southwest corner of Del Poniente Road and Espola Road. Conditions of approval require extension of improvements, the widening of Espola Road, and contribution toward reconstruction of the Del Poniente/Espola Road/High Valley Road intersection. Staff recommends approval. Speaking in favor of staff recommendation: Don Ayles, ERB Engineering, 14005 Midland Road, representing applicant, requested revision to conditions of approval requiring pro rata share payment for reconstruction of intersection to allow in lieu fee for costs of sidewalk, underground utilities, and street light. Mr. Ayles also requested that the pro rata share of traffic signal cost be based on traffic generated from the project. City Manager Bowersox stated that the fees could be deferred as requested by applicant as the Del Poniente/Espola/High Valley Road intersection reconstruc- tion project will be done at a later time. Council concurred. Motion by Councilmember Higginson, seconded by Councilmember Brannon, to close the public hearing, issue a Negative DeclaratiQn, and adopt Planning Resolution No. P-89-1l5 entitled, "A Resolution of the City Councll of the City of Poway, California, Approving Tentative Parcel Map 89-04, Assessor's Parcel Number 321-011-16," as amended. Motion carried 4-0, with Councllmember Emery absent. ITEM 8 TENTATIVE TRACT MAP 89-08 APPLICANT: TECH BUSINESS CENTER Mayor Kruse opened the public hearing. Introduction by City Manager Bowersox. Staff report by Di rector of PI anni ng Servi ces Wright-Quastl er. Thi s is a request to divide 195.5 acres into 71 lots, of which 60 would be light industrial or industrial park development, two to South poway commercial deve- lopment, three for use as mini-parks, one single-family lot, and five open space lots, located south of South Poway Parkway, east and west of Stowe Drive in the South Poway Planned Community. The tentative map will have two phases. Unit 1 is 137.3 acres and Unit 2 is 58.2 acres. Redevelopment Agency participation is planned for on and off-site improvements, as was done with the Cadillac Fairview and Parkway Business Centre Community Faclli ty Di stri cts. An Owner Participation Agreement (OPA) and Development Agreement are required and will result in the financing and construction of the required improvements. Staff recommends a revision to the conditions of approval on page 16 of the resolution to, developer and RDA "shall execute an owner participation agreement". A significant amount of grading is necessary to prepare the land for use and : i 1. , -,~' r: . . . Page 5 - CITY OF POWAY - September 26, 1989 considerable landscaping for erosion control and aesthetic purposes is required for visible and all large slopes. This project will receive one-third of its sewer capacity when building permits are issued. The balance of sewage capacity will be provided by the proposed water reclamation plant scheduled for comple- tion within the next three to five years. A reclaimed water system will be uti- lized for landscape irrigation. Staff recommends the Councll find that the previously certified Final EIR and Subsequent EIR for the South Poway Specific PI an adequately addresses the envi ronmental issues and approve the tentative map. Charles McLaughlan, P.O. Box 12, Poway, requested clarification of the residential use allowed on the four open space lots located at the southeast corner. City Manager Bowersox stated that a parcel map will be done to merge the these lots into one parcel. Staff recommends additional language to requi re that "lots 67 through 71 shall be merged through a separate parcel map which shall designate the merged lot as "not a building site". Motion by Councilmember Higginson, seconded by Councilmember Brannon, to close the public hearing, and adopt Planning Resolution No. P-89-116 entitled, "A Resolution of the City Council of the City of Poway, California, approving Tentative Tract Map 89-08, Assessor's Parcel Numbers 317-280-06; 325-010-08 & 09; 323-090-23, 46-49," as amended to Lots 67 through 71, and requi ri ng execu- tion of Owner Participation Agreement. Motion carried 4-0, with Councilmember Emery absent. (Councilmember Higginson left the meeting at 7:31 p.m.) ITEM 9 CONDITIONAL USE PERMIT 87-17 MODIFICATION APPLICANT: TRINITY BAPTIST CHURCH Mayor Kruse opened the public hearing. Staff report by City Manager Bowersox. This is a request to modify a previously approved two-phase development plan for the Trinity Baptist Church located at 14315 Garden Road. The Church is requesting approval of the instalation of chimes as a part of the first phase of their approved master plan. The proposed chimes would be played for two 30-second durations at noon and 6 p.m. and for weddings and funerals. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to close the public hearing, and adopt Planning Resolution No. P-89-117 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Modification to Conditional Use Permit 87-17, Assessor's Parcel Number 323-060-25." Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. :!>( , 4-r:-.-1\ l: .", Page 6 - CITY OF POWAY - September 26, 1989 ITEM 10 ORDINANCE NO. 301 - FIRST READING PUBLIC IMPROVEMENT FEES FOR HOME IMPROVEMENTS Mayor Kruse opened the public hearing and read the title of Ordinance No. 301, "An Ordinance of the City of Poway, California, Amending Title 15 (Buildings and Construction Code) of the poway Muni ci pa I Code." The proposed amendment woul d allow owners to defer public improvement requirements for single famlly home improvements and revise the development threshold for the requirement of payment of certain development fees. The requirement for payment of drainage fees, park fees, and traffic mitigation fees would become effective when the improvements exceeded 750 square feet of additional habitable space. In order to secure the responsibility for public improvements, owners would be required to sign a deed covenant waiving their right to protest a future assessment district. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to issue a Negative Declaration; waive further reading of Ordinance No. 301 and continue the public hearing to October 10, 1989, for second reading. Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. ITEM 11 VALLE VERDE ROAD RESTRIPING PLAN City Manager Bowersox stated that Councllmember Higginson had requested con- tinuance of this item until a meeting was held with the Vineland Hills Homeowners' Association to review the restriping plan. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to continue this item to October 10, 1989. Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. ITEM 12 CREEK ROAD SEWER SERVICE City Manager Bowersox requested that this item be continued to allow staff to complete a preliminary design and cost estimate for extending the sewer to Creek Road. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to continue this item to November 7, 1989. Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. Page 7 - CITY OF POWAY - September 26, 1989 ITEM 18 LIBRARY MASTER PLAN Mayor Kruse stated that this item had been pulled from the Consent Calendar by staff. Staff report by City Manager Bowersox. The selection committee for the Library Master Plan consultant recommends that The McKinley Group be retained. Staff recommends that the Council award the preparation of a Library Master Plan to The McKinley Group, and approve appropriation of an $11,250 instead of $8,250 from the unappropriated general fund reserve. Motion by Councilmember Brannon, seconded by Councilmember Goldsmith to approve staff recommendation. Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. ITEM 19 AWARD OF BID/PARKWAY BUSINESS CENTER GRADING Mayor Kruse stated that this item had been pulled from the Consent Calendar by staff. City Manager Bowersox recommended that this item be continued to October 3, 1989 to provide additional time to the low bidder, Chilcote, Inc., to obtain the required securities. Motion by Councilmember Goldsmith, seconded by Councilmember Brannon to continue this item to October 3, 1989. Motion carried 3-0, with Councilmember Emery and Councilmember Higginson absent. ITEM 23 CITY MANAGER ITEMS Ci ty Manager Bowersox announced that on October 3, 1989, a proposed ordi nance will be presented to the Council which would place a moratorium on sewer Letters of Availability for residential units. He suggested that a workshop be held October 5, 1989, to consider options available. CITY COUNCIL-INITIATED ITEMS 29. Mayor Kruse made the following appointments to the Foundation for the Performing Arts Board of Directors: Joyce Nolte and Kathy McIntyre (Higginson); and George Andreos, Allan Royster, Ellen Turnage (Kruse). ADJOURtf4ENT Upon motion by Councilmember Brannon, seconded by Councilmember Goldsmith, Mayor Kruse ordered the meeting adjourned. The time of adjournment was 7:41 p.m. Marjorie K. Wahlsten, City Clerk City of Poway I A.....- , -'- .._ ,- r:- CITY OF POWAY. CALIFORNIA MINUTES OF THE POWAY REDEVELOPMENT AGENCY REGULAR MEETING SEPTEleER 12. 1989 The September 12, 1989, regul ar meeti ng of the poway Redevelopment Agency was called to order at 7:01 p.m. by Chairman Kruse at the City Council Chambers, 13325 Civic Center Drive, Poway, California. DIRECTORS ANSWERING ROLL CALL Linda Brannon, 80b Emery, Jan Goldsmith, Don Higginson, Carl Kruse DIRECTORS ABSENT AT ROLL CALL None STAFF MEleERS PRESENT James Bowersox John Fitch Marjorie Wahlsten Nancy Neufeld Executive Director Assistant Executive Director Secretary Deputy Secretary PLEDGE OF ALLEGIANCE Director Brannon led the Pledge of Allegiance. There were no Redevelopment matters discussed. ADJOURtf4ENT Upon moti on by Di rector Higgi nson, seconded by Di rector Gol dsmi th, Chairman Kruse ordered the meeting adjourned. The time of adjournment was 12:35 a.m. Marjorie K. Wahlsten, Secretary Poway Redevelopment Agency j~;1 i 7 1'j39 ITEr.1 57B