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Item 8 - Minutes of the Meeting Novermber 18, 1986 The November 18, 1986, regular meeting of the City Council of the City of P0way was called to order at 7:00 p.m. by Mayor Kruse at the City Council Chambers, 13325 Civic Center Drive, Poway, California. Bob ~ery, Linda Oravec, Mary Shepardson, Bruce Tarzy, Carl Kruse J~es Bowersox City Manager Marjorie Wahlsten City Clerk Steve Eckis City Attorney John Fitch Assistant City Manager Patrick Foley Assistant to the City Manager Susan Pulone Director of Administrative Services Lee Lewis Director of Cu,,L~onity Services ~]~n Archibald Director of Public Services Bill Toon Director of Safety Services Reba T~uw Director of Planning Services John Bridges Assistant Director of Planning Services Jay [aSeur Sheriff ' s Captain Brad Kutzner Senior Civil ~gineer Bcb Krans Battalion Chief Suzanne Oliva Deputy City Clerk D~[~uty Mayor Shepardson led the Pledge of Allegiance. 1'£~/~ 3 s~r~-71~ON OF MAYOR AND DEPUTY MAYOR Mayor Kruse thanked his wife Mary Jane and daughter Tisha, as well as Council and staff, for their support during his term as Mayor. Motion by Ccuncilmenber Emery, seconded by Councilmenbe~ Shepardson, to n(aninate Ccuncila~anber Tarzy for Mayor. Motion by Councilmember Oravec, seconded by Counci~ Emery, to close the ncminations and elect Councilmenber Tarzy Mayor by acclamation. Motion carried unanimously. DEC 16 1986 ITEM 8 2369 Page 2 - CITY OF PfT~AY - November 18, 1986 Motion by Ccuncilm~nber Shepardson, seconded by Councilm~nber Tarzy, to n~ninate Ccuncilm~mber ~ery for D~uty Mayor. Motioa by Counci]_menber Oravec, seconded by Councilm~ Tarzy, to close the nominations and elect Counci]/manber Emery Deputy Mayor by acclamation. Motion carried unanimously. Councilm~mber Tarzy presented Mayor Kruse with a plaque signed by all Ccuncilm~abers in appreciation of his leadership and dedication to the City of Poway. Mayor ~a~zy explained the procedu~:e Eor Public Oral C~x~enications. Eoad north o~ ~y 9~ade to help with ~ight v±s£bility. Director o~ Public Se_,-v±ces ~chib~ld s~ted Po~ay ~ a~ E~ola [~ead were 2. Ga~l ~CLmell, 13314 Ned~£ck Ave~e, suggested Cc~nci[ e. xp:Lore the p0ssib£- button ord~ce. Cc~nc~l $~ted the campaign ordinance will be revised since the~e ere sc~e Co, mci1 ~equested $~ invest£gate 'ca.~ign contrib~tien o~d£~-~ncea i~ e.~ect in other jL~isd~ctioas and hc~ e.~ective they have been. ITSb~ 12-19 CC~S~T CA~RNDAR Motion by Councilmember Shepardson, seconded by Councilmember Oravec, to adopt the Co~sent Calendar as follows: 12. Ratification of Warrant Register - November 6, 1986. 13. Authorization to appropriate $47,000 frcm the Special Assessment' District Unappropriated Fund balance, to the Street Maintenance object Account (20-403-714) for funds for street lighting expenses. DEC 16 1986 ITEM 8 2370 Page 3 - CITY OF PO~AY - Nov~aber 18, 1986 14. Approval of reimbursenent of off-site sewer costs for ~ 3951 (Del Poniente Crest) in the ~mount of $201,706 appropriated frcm the sewer fund contingencies. 15. A. Approval of appropriatiom of $6500 from the Street Develolmnent Unappropriated Fund Balance to the Street Maintenance ~ject Account (21-403-676) for the purchase of 25 trash receptacles to be iocated at all bus stops with bus benches. B. Approval of appropriation of $250 from the Street Devel~t Unappropriated Fund Balance to the Street Maintenance ~bject Account (21-403-216) to cover eight months of weekly trash collection. 18. A~proval of Progress Pay Estimate No. 1, Maple Construction Come, any - Rough Grading of T~nnis Court. Motion carried unanimously. z'A'~z4 5 ORDINANCE NO. 200 - S~0t~ READING PUBLIC 5~5~LOY~-~ RETIP~M~FC SYST~4 Mayor Tarzy read the title of ordinance No. 200, "An Ordinance of the City of Pow-ay, California, Authorizing an Amendment to Contract Between the City Council and the Bc~rd of Administration of the Public ~mployees Retirement Syst~n." Intreduction by City Manager Bowersox. This ~as continued from Nov~lf~er 12, 1986 and it is in order to have the second reading and adopt this Ordinance. Mayor Tarzy stated he was not preseet at the first reading of this Ordinance but has read the staff report. City Attorney Eckis stated it is acceptable for Mayor Tarzy to vote. There was no one present wishing to speak. Motion by Councilm~ber Kruse, seconded by Counci]/mmrd:~ Oravec, to close the public hearing, waive further reading and adopt Ordinance No. 200. Motion carried unanimously on a roll call vote. ITM~ 6 ORDINANCE 201 - FIRST READING 5~/qATI~ OF OP~q SPACE EAS/~5~NT Mayor Tarzy read the title of Ordinance No. 201, "An Ordinance of the City of Poway, California, Ordering termination of an open space ~ement over, upon, across and under all of Lot 27, Heritage Hilltop, Map No. 7432." OEO 3.6 1986 ITEM 8 2371 Page 4 - CITY OF POWAY - November 18, 1986 Staff report by City Manager Bowersox. Staff is recc~mending approval of the environmental assessment, resolution and passage of the Ordinance. Public Testimony: A. L. Rubiales, 13746 Ahwahnee Way, requested more informatio~ on what is planned with termination of the open space easement. D~vid Phares, 7290 Clair~ont Mesa Blvd., was"present for ~tions but did not speak. City Manager Bowersox explained this area will re~ain in permanent open space and cannot be developed. Maps were provided to the public for clarification. City Attorney Eckis recc~mended continuing the entire matter until the second reading of the Ordinance so it can all be acted on in one motion. Motion by Councilm~mber Shepardson,' seconded by Counci~ ~m~ry, to waive further reading of the Ordinance, continue the public b~ring to Nov~-r 25, 1986, for second reading of ordinance 201; issuance of Environmental Assessment and adoption of Resolution. Motion carried unanimously. £T~4 7 ORDINANCE NO. 202 - FIRST READING REIMBURSEMENT PROCEDU~ Mayor Tarzy read the title of ordinance No. 202, "An ordinance of the City of Po~ay, California, Establishing R~burse~_nt for Public Improv~e~nts Installed by the City." Staff report by City Manager Bowerso~. In the past the city or Redevelo[z~ent Agency b~s installed public improvements in ad~rance of develo~m~ent occurring on the adjacent lands. The adjacent benefitting property thereby incr~es in value because of the reduced develol~aent costs. The City has also paid for street right-of-way and eas~nents that would have been a requirement of develo~_nt of the benefitting property. The City presently does not have a reimburs~ent ordinance for publicly-installed improvements. Section 15.07.070 of the reLm- bursement ordinance should be changed to read"...and shall be payBble not later than upon issuance of certificate of occupancy..." He recc~mended adding the following paragraph to Section 15.07.080: "Notwithstanding any other provisions of this Chapter to the contrary, the t~way Redevelo~xaent Agency may waive payment in full of the benefit charge upon finding that such waiver would promote the prc~pt imple- mentation of, and would not otherwise be inconsistent with, the Redev- elopment Plan." IDle., ~.~ 1986 tTF- 8 2372 _ Page 5 - CITY OF PO~AY - Nowmber 18, 1986 '. ~ -' /~.~ · There was no oae present wishing to speak. Moti0~ by Councilmeaber Kruse, seconded by Counci~ 0raven, to ~aive further reading of the Ordinance, continue the public b~ing to Nov(rather 25, 1986, for second reading of Ordinance No. 202, and issue Negative Declaration. Motion carried unanimously. ,'rd 8 TENTATIVE pA~C~.T. MAP 84-09 TIME EX'I'~NSICN APPLICANT: OLD COACH FINANCIAL Mayor Tarzy opened the public b~ring. Staff re~ort by City Manager Bowersox. This is a request to divide 32.68 acres into two parcels located at the intersection of Buds Lane and Double R Road. RecuLu~%dation is for approval subject to the conditions contained in the resolution. Speaking in favor of staff recuL,L~J~dation: Michael Breslauer, 401 "B" Street, San Diego Tcm Tremble, 18049 Old Coach Road Dick Walker, 18201 Old Coach Road City Attorney Eckis rec~m~nded ~ng to Section 3 the words..."for a period of · one y~ar to expire November 20, 1987..." Motion by Ccunci]mmanber Shepardson, seconded by Co~ncilmember Oravec to adopt Resolution No. P-86-79 entitled, "A l~solution of the city Council of the City of Poway, California, Approving Tentative Parcel Map 84-09TE Assessor's Parcel Number 277-080-12" as amended to include expiration date of November 20, 1987. Motion carried unanimously. ITEM 9 VAPJANCE 86-05 Mayor Tarzy opened the public b~ring. Staff report by City Manager Bowersox. This is a request to reduce the required front yard setback frc~ 25 feet to 23 feet 6 inches to allow the construction of a one-car garage ada~tion to an existing single-family hcme at 12915 Dorathee Terrace. All of the findings necessary for granting a Variance can be made and staff is reco~nending approval subject to the conditions contained in' the resolution. Speaking in favor of staff rec(m~nendation: Steve Carlson, 12915 Dorathea Terrace DE:C 18 1986 ITF..M 2373 Page 6 - CITY OF PO~AY - November 18, 1986 Motion by Counci~ Shepardson, seconded by Counci~ Emery, to adopt Resolution No. P-86-80 entitled, "A Resolution of the City Council of the City of Poway, mai ifornia, Approving variance 86-05 Assessor' s Parcel Number 316-140-22." Motion carried unanimously. IT~ 10 U~VELOPM~T REVA~W 86-17 T~9~PORARY USE ~T 86-77 APPLICANT: CO3NTRY Mayor Tarzy opened the public hearing. Intreduction by City Manager Bowersox. This is a request for approval of a deve- lo~aent review to allow the construction of 50 single-family units within TIM 84-04R, and a t~orary use permit for a model-hc~e cc~plex for the property located on the southwest corner of Twin Peaks and Tierra Bonita Roads. Staff report by Director of Planning Services Touw. She discussed the architec- tural styles and plotting of the units on the proposed site plan. No adverse impacts of an aesthetic, safety, or architectural nature upon ad~ining proper- ties will occur because rooflines, mterials, and building locations will be varied and the colors, styles, and building materials are cc~patible with adja- cent develolm~ents. She rec~,~'~nded two changes be incorporated into the resolu- tion as follow~: 1) all 'public improvenents to the site shall be cu~leted prior to the c~,L~ncement of any sales activities in the raDdel c~plex; and 2) since the sales office will be limited to six months, it is not required to hook up to sewer and ~ter. If any poremhle sanitary facilities are used, they shall be screened frcm view. l~c~,~_ndation is for approval subject to the conditions contained in the resolution as amended, and for issuance of a Negative Declaration. Speaking in favor of staff reccmm~=-rxtatioa: Richard A. Tuthill, 4500 Imperial Avenue, representing Dick-Cc~, requested they be allowed five foot fencing as w~s originally required. There was no one present speaking in opposition. city Manager Bowersox stated six-foot fencing is required by the General Plan. Council noted the meandering sidewalks that were originally a condition of this map have not been shown on any renderings and requested they be incorporated. As suggested by staff, Council requested the two central lots on Tierra Bonita Road be developed with one story houses. Council expressed concern that the back of hc~es visible to motorists on Twin peaks Road lack architectural interest and requested more landscape treat~nent at those locations. DEC t6 1986 ITEM 8 2374 _ Page 7 - CITY OF POkeY - November 18, 1986 Motio~ by Councilmsmber ~_ry, seconded by Councilm~m~er Shepardson, to issue a Negative Declaration, adopt Resolution No. P-86-81, entitled "A Resolution of the City Council of the City of Pow~y~, California, approving Develo~x~ent B~view 86-17 and T~L~orary Use Permit 86-77 Assessor's Parcel Number 321-190-23," amended as follows: A. M~ndering sidewalks. B. The sales office is not required to hook up to sewer and w~ter because of the te~oorary nature, however, any portable sanitary facilities shall be screened frc~ view. C. Ail improvements to the site shall be cc~pleted prior to the cu~L~nc~ment of any sales activities in the model cc~lex. D. Two lots on Tierra Boaita Road be oae story. Motioa carried unanimously. l'~'~ 11 T~TATIVE TRACT MAP 4191 R ~ EX'r~SION APPLICANT: STANDARD PACIFIC Mayor Tarzy opened the public b~ring. Staff report by City Manager Bowersox. This is a request for a one-year time extension for a 624-1ot division of land in the Rancho Arbolites Planned Cu,,L~nity located on the north and beth sides of Twin Peaks Bnad between Pcmerado Road and C~,.~nity ~d. Recu,~,~ndation is to approve subject to the original conditions as amended to read... "shall expire on Nov~nber 20, 1987." David Phares, 7290 Clairemo~t Mesa Blvd., representing Stamford Pacific was pre- sent for questions. There w~s no one present speaking in opposition. Motion by Councilme~ber ~_ry, seconded by Councilm~mber Shepardson to adopt Resolution No. P-86-78, entitled "A ~solution of the City Council of the City of Poway, California, Approving Tentative Tract Map 4191R TE Assessor Parcel Number 317-090-31, 35, 36, ar~ 17, 314-040-21, 317-680-37 and 38, 314-060-01, 08, 15 through 33, and 36 through 39, 314-371-10 and 18, 314-050-01, 02, 113, 17, and 20, 314-540-46, and portions of 314-371-12, 314-032-64, 314-050-18" as amended to expire November 20, 1987. Motion carried unanimously. IOEC :IL6 1986 ITEM 2375 Page 8 - CITY OF P(YavAY - Nov~11ber 18, 1986 CITY MANA/~R IT~4S 20. A. City Manager Bowersox recu~ended approval of an award of bid to Valley Decorating CuL~any in' the amount of $7,703.76 for Christmas Decorations. Motion by Councilm~m%ber Emery, seconded by Councilm~nber Shepardson to approve s~ff recc~mendation. Motion carried unanimously. B. City Manager Bowersox stated ~d Hasty frcm the Bureau of Land Manag~aent will appear before Council on December 16, 1986 to present the deed or patent. The Secretary of State has certified the annexa- tion. CITY COUNCIL IT~4S 22. Ccuncila~mlber Emery noted a' recent copy of the Western Cities Magazine features an article written by him and former Director of Planning Service Hogan regarding Poway's General Plan. 23. Counci~ Oravec stated she w~s pleased to sec a request fr~m the public for more reflectors on Poway's roads. 24. A. Councilm~mg~_r Shepardson stated she w~s pl~.~ed to see It~a 15 on tonight's caleD~r regarding trash receptacles. B. Councilm~mber Shepardson asked when the street lights approved under Ite~ 13 tonight will be turned on. City Manager Bowersox explained that is still uDx~er the County and SDG&E jurisdiction. The City takes over July 1, 1987. C. Councilm~m/~r Shepardson asked about the rumble strip that was supposed to be placed on Poway Road at Sunrise Ranch. Director of Public Services Archibald stated that was a reqklir~llent they did not cu~olete. The City will do it and bill them. 25. A. Mayor Tarzy asked about illegal grading and inadequate hydroseeding causing problems with mud sliding onto Stone Canyon Road. Director of Public Services Archibald stated the developer did hydroseed a few months ago but failed to put in proper sandbagging causing the erosion problem. B. Mayor Tarzy requested Council concurrence in directing staff to look into the impact of a recent Supreme Court decision on individual liabi- lity of board me~bers of Hcmeowners Associations and how we can support Assemblyman Stirling's draft bill to change that decision. DEC 16 1986 iTEM 8 2376 Page 9 - CITY OF P~WAY - Novenber 18, 1986 Upon motioa by Councilm~ber ~mery, seconded by Counci~ Shepardsoa, Mayor Tarzy ordered the meeting ad~urned. The time of ad~%h~m~_nt ~s 8:16 p.m. Marjorie K. ~ahlsten, City Clerk City of Pow-ay ID~'O 16 1986 ITF..bl 8 2377 The Nove~r 25, 1986, regular meeting of the City Council of the City of Poway was called to order at 7:00 p.m. by Mayor Tarzy at the City Council Chambers, 13325 Civic Center Drive, Poway, California. OU3~U/U~w.-S ~ ~r~.n (~r.r. Bob ~0ery, Linda Oravec, Mary Shepardson, C~l Kruse, Bruce Tarzy James Bowersox City Manager Marjorie Wahlsten City Clerk Steve Eckis City Attorney John Fitch Assistant City Manager Patrick Foley Assistant to the City Manager Susan Pulone Director of Administrative Services A]~n Archibald Director of Public Services Bill Toon Director of Safety Services Reba Tcuw Director of Planning Services John Bridges Assistant Director of Planning Services Jay r~.qeur Sheriff ' s Captain Brad Kutzner S~nior Civil Engineer Bob Krans Fire Bat~]ion Chief Jim Bentz Cu~L~nity Services Manager Suzanne Oliva Deputy City Clerk Deputy Mayor Emery led the Pledge of Allegiance. ~.TC C~%%L C(1H~3~ICATI(~S Mayor Terzy e~plained the procedure for Public Oral C~Nnunications. 1. Supervisor Bailey ~as present to greet and congratulate the new Mayor. He presented Linda Oravec and Mary Shepardson with proclamatioas frc~ the Board of Supervisors in recognition of their service. 2. Mayor Tarzy presented roses to Linda Oravec and Mary Shepardson wishing th~m the best for the future. He expressed Council's appreciation for their hard work during the past six years and their dedication to the interests of the cu~,~unity. 2378 Page 2 - CITY OF PONAY - November 25, 1986 ~ ..~.~-~:~ ~' 4. ITEb~ 9-18 CCNSENT CATRNDAR Mayor Tarzy stated there has been a request to pull Item 13 frc~ the Consent Motion by Counci~ Emery, seconded by Councilm~t~ber Shepardson to adopt the consent calendar as follow~: 9. Ratification of Warrant Registers - November 13, 1986 10. Denial of claims against the city: A) Burrow~ family; B) Betty Kausch; and C) Kathy Sta6~nnke 11. Approval of the following actions in connection with Tentative Parcel Map 17183; vahidi applicant, located south of the ~t Drive cul-de-sac: A. approve the final map for City of Poway Parcel Map 17183 and direct its recordation; B. accept on behalf of the City of Pow~y, subject to improvel~ent of the waterline, and equestrian/pedestrian eas6~ents as dedicated on said map; C. reject on behalf of the public the easement for roadway and public uti- lity purposes over Iris Lane and Paradise Drive; D. reject on behalf of the City of Poway the storm drain eas~itellt as dedi- cated en said maP; and E. approve the Standard Agreement and authorize its execution on behalf of the City by signature of the City clerk. 12. Allow cc~ditional Use Permit 85-15 (Fraternal Order of Eagles, applicant; · located at 14045 Midland Road) to continue according to the adopted resolu- tion, and ~ke Planning Services responsible for its annual reviaw. 14. Adopted Resolution No. 86-126, entitled "A Resolution of the city Council of the City of Poway, California, Supporting the Sheriff's Department Request for a Grant to Establish a Crime Prevention Production Unit for C~hle Television." 15. Adopted Resolution No. 86-127, entitled "A Resolution of the city Council of the City of Poway, California, Annexing Territory to the Sewer Improv~aent District of the City of Poway - Aguilo Annexation." 16. ~topted Resolution No. 86-128, entitled "A Resolution of the City Council of the city of Poway, California, Annexing Territory to the Sewer In~provement District of the City of Poway - Cox Annexation." DEC 16 1986 ITEM 8 2379 Page 3 - CITY OF PGWAY - Nov~nber 25, 1986 17. A~rd of bid to LaRue Painting of Norco, California for painting various facilities at pow~y C~L.LL~nity Park and Lake Pow~y Park, in the amount of $19,250.00. 18. Authorization to reject all bids for the supply and installation of street signs; and authorize s~a~f to proceed ia~ediately with a new call for bids. Motion carried unanimously. ITeM 4 ORDINANCE NO. 201 - SECCND READING TERMINATION OF OPE SPACE EASf~NT Mayor Tarzy read the title of f~rdinance No. 201, "An Ordinance of the City of Poway, California, l~_linquishing an Open Space Easement Over, Upon, ~ross and Under All of Lot 27, Heritage Hilltop, Map No. 7432" S~ff report by City Manager Bowersox. Staff recuL,~_ndatio~ is to adopt the resolution and Ordinance No. 201 ordering the termination of the open space eas ~ent o There w~s no one present wishing to speak. Motion by Ccuncilm~mber Kruse, seconded by Counci~ Oravec to close the public b~ring, adopt Resolution No. 86-129 entitled, "A Resolution of the City Council of the City of Pow~y, California, Ordering the Termination of an Open Space ~enent Over, Upon, Across, and Under all of Lot 27 of Heritage Hilltop, Map No. 7432," and issue the Negative Declaration. Motion carried unanimously. Motion by Coancilm~nber Shepardson, seconded by Counci~ Kruse to ~ive further reading and adopt ordinance No. 201. Motion carried unanimously on a roll call vote. ITM~ 5 ORDINANCE NO. 202 - SMX2fkN~ READING REIMBURSMMf~T P~ Mayor Tarzy read the title of Ordinance No. 202, "An Ordinance of the City of Poway, California, Adopting Chapter 15.07 of Title 15 of the Poway Municipal Code Establishing Reimbursement Procedures for Certain Road~ys and Facilities Previously Censtructed by the City of Poway or the Poway Redevelopment Agency." DEC 16 1986 ITEM 8 2380 Page 4 - CITY OF POWAY - Nov~mg~e_r 25, 1986 Staff report by City Manager Bowersox. A letter was received fr~n william Holmes, a resident on Old Coach Road, suggesting changes to the Ordinance so the Old Coach Hcmeowners Association P.~ C~%ittee could induce 100% participation in their joint road project with the City of Poway. Staff recuL,~endation is to not amend the ordinance. That project would not be subject to this reimbur- s~nent because the road does not meet City staD~mrds and the owners are pro- ceeding with their project under the City's loan program. There was no one present wishing to speak. Motion by Counci~ Emery, seconded by Cottnci~ Kruse to close the public hearing, va~ive further reading and adopt Ordinance No. 202. Motion carried 4-1 on a roll call vote with Counci~ Shepardson opposed (with the exception of waiving further reading). It %~s noted that as this Ordinance is impl~m~_nted, if inequities bec~e apparent, it could be considered for revision. ITM~ 6 COb~)ITI(]NAL USE PF~RMIT 86-11 MINOR DEVELOPMENT REVIEW 86-83 PALCMAR POMERADO HCSPITAL DISTRICT Mayor Tarzy opened the public b~ring. staff report by City Manager Bowersox. This is a request for relocation of the existing helipad and for construction of a t~L~orary helipad on the g~.ounds of pc~erado Hospital. The flight pattern would r~ain the same. Staff zs reccm- mending approval subject to conditions, and also subject to the conditions of the original approv-~l in 1982. There was no one present wishing to speak. Motion by Councilm~nber Kruse, seconded by Ccuncilm~m~)er ~ to close the public hearing and adopt Resolution No. P-86-82 entitled, "A Resolution of the City Council of the city of Poway, California, Approving conditional Use Permit 86-11 and Minor Developaent Review 86-83 Assessor's Parcel Number 275-461-04." Motion carried unanimously. DI O 16 1986 ITEM 8 2381 Page 5 - CITY OF ~)W~JY - Nov~aber 25, 1986 CC~DITICNAL USE PF2%MIT 85-04R DEVELOPMENT REVL~W 85-08R Mayor Tarzy opened the public b~ring. Staff report by City Manager Bowersox. The request is for a revision to modify the approved site plan for senior housing behind Ven's Center at Pc~_rado and Pow~y Road. Staff rec~Lu~ndation is approval subject to conditions. There was no one present wishing to speak. Council e~pressed concern with erosion problems if grading is done during the rainy season and requested caution be taken. They stated the new design is better. Motion by Councilm~foer Shepardson, seconded by Counci~ Oravec to close the public b~ring and adopt Resolution No. P-86-86 entitled, "A Resolution of the City Council of the City of Powmy, California, Approving Conditional Use permit 85-04R and Develo£mlent Review 85-08R Assessor's Parcel Number 316-120-30, 317-521-01 and 05, 317-153-16." Motion carried unanimously. l'l'~ 8 ORDINANCE NO. 203 - FIRST READING MISDEF~EANOR CITATIONS Mayor Tarzy read the title of C~dinance No. 203, "An Ordinance of the City of ~oway, California, Amending Section 1.08.010 of the Pc~ay Municipal Code to Incr~e the Maxim%m1 Fine Assessable for Misdeueanor Violation and to Authorize the Issuance of Citations for Violation of the Poway Municipal Code." There was no one present wishing to speak. City Attorney Eckis cu~L~nted this will be the enly Ordinance that will have its first reading by one Council and second reading by a new Council. He suggested continuing the first reading so both could be done by the same Council, unless the three continuing Councilmembers have no probl~u or request no changes to the Ordinance. Council requested the Ordinance move forward. Motien by Councilmember Emery, seconded by Ccuncilm~_r Kruse, to waive further reading of the Ordinance and continue the ~ublic bearing to December 2, 1986, for second reading of Ordinance No. 203. Notion carried unanimously. OEO 16 1986 ITEM 8 2382 Page 6 - CITY OF POWAY - Nov~0ber 25, 1986 MINOR DEVELOPMENT t~-A/i~W 86-70 APPLICANT: DIANE AND DAVID MERRICK Item 13 w~s pulled fr~ the Co~sent Calendar at the request of the public. Staff report by City Manager Bowersox. This is a request to allow the construc- tion of a 1,365 square foot recreation-entertainment building as an accessory building at 14040 Valley Springs t~Dad. Staff believed approval had been given by Bridlawood's Architectural CuL,LJttee; however,, we have received a letter frem R. B. McCcmic, Inc. stating only the landscape plans, not the structure plans, were approved. Ordinarily the City does not get involved in CC&Rs, however, we have received letters fr~n adjacent neighbors protesting the size, placement and design of the building. Staff's concerns include the lack of architectural detail and that the ultimate use of the building be accessory, not an additional dwelling unit. Speaking in favor: David Merrick, 14040 Valley Springs Road Speaking in opposition: Gerald Goldstein, 16337 Suamer Sage Road Steve Swanson, 14054 valley Springs Road Denise Tibbs, 14026 valley Springs Road C~e slip was su~nitted in opposition not wishing to speak. Council concerns included: the City is not is a position to enforce CC&R's; possibility of this structure becoming an extra living unit in the future; and plainness of the building and its positioning on the lot which places it closer to the neighbors than to their own hcme. They asked the applicant and neighbors to get together to talk about concerns and suggested a continuance to give them time to meet. city Attorney Eckis stated this must be acted on within 50 days of su~nittal of the application unless the applicant waives the time limit. David Merrick agreed to waive the 50-day time limit. Motion by Councilmsmber Emery, seconded by Councilm~aber Shepardson to continue MDRA 86-70 to January 6, 1987 to give everyone time to resolve the probl~ns. Motion carried unanimously. Councilm~nber Emery requested staff look at guidelines for Council action in relation to CC&Rs. A policy should be adopted by this Council that would require backup material to contain any c~a~ents and recc~nendations frc~n Hemeowners Associations. 16 7986 ITEM 8 2383 Page 7 - CITY OF P(Y~AY - Nove~b~r 25, 1986 City Attorney Eckis suggested adding a section to the application form for Hc~aeowners Association ' s c~%~_nts. CITY MANAGER IT~ 19. City Manager Bowers~x stated Po~ay continues to have the lowest crime rate in San Diego County based o~ 1986 third quarter statistics. 20. City Attorney Eckis stated a condition of the Kuebler map (~4 83-02) is the acquisition of off-site right-of-%~y. Mr. Kuebler has been unable to do this and under the subdivisio~ Map Act, the City is required to give their power of condemnation to assist. He suggested Mr. Kuebler hire an outside attorney with work to be coordinated by the City Attorney. Council concurred. CITY COUNCIL ITS~4S 21. A. Ccunci~ Emery suggested inviting Supervisor-Elect M~d for a tour of B. Cc~ncilmember Emery asked if signs have been distributed to merchants regarding alcoholic beverage consumption in parking lots. There ere still problems at Twin Peaks Plaza. Director of Planning Services Touw stated the Code CuL~liance Officer has begun distributing the signs. 23. Councilmember Oravec, in her closing remarks as Council, stated most of her goals have been acccmplished. She stated she was happy to have served six y~ars c~1 the Council and encouraged continued c~,~nity involve- ment. 24. A. Councilmember Shepardson, in her closing r~.arks as Councilmember, listed items that she will continue to be concerned about: 1) The Water Reclamation Agency and the CCBA process; 2) a revised Grading Qrdinance; 3) any revisions to the Sign Ordinance that would cause it to fall under the provisions of the Ellis bill; 4) illegal alien probl~s; 5) riding end hiking trails and open space priority; 6) main- tenance of street and traffic lights; and 7) Old Poway Park. OEO 16 1986 ITEM 8 2384 Page 8 - CITY OF POWAY - November 25, 1986 B. Counci~ Shepardson stated San Diego Ccunci~ Abbe Wol~sheimer would also like a tour of Pow~y. 25. A. Council concurred with Mayor Tarzy's request that a Resolution be pre- pared to change the date of the election of Mayor and Deputy Mayor to correspond with the seating of new councilmezbers. B. Mayor Tarzy asked about the legality of banners he observed at Tire Time Tire Store. C. Mayor Tarzy asked if enforc~ent has begun or if complaints have been received regarding the new substaDdard Housing Ordinance. City Manager Bowersox stated the Ordinance is in effect but he w~s not aware of any new cc~plaints. Upon motion by Ccuncilme~ber Shepardson, seconded by Counci~ ~_ry, Mayor Tarzy ordered the meeting adjourned. The time of adjournment was 8:44 p.m. Marjorie K. Wahlsten, city clerk City of Poway OEO 16 1986 ITEM 8 2385 The Dec~er 2, 1986, re~.]l~r meeting of the City Council of the City of poway was called to order at 7:00 p.m. by Mayor Tarzy at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COJNC~.~ ABS~ AT RG~L CALL Linda Oravec, Mary Shepardson J~aes Bowersox City Manager Mar~rie Wahlsten City Clerk Steve Eckis City Attorney John Fitch Assistant City Manager Patrick Foley Assistant to the City Manager Susan Pulone Director of ~ministrative Services ~l~n Archibald Director of Public Services Bill Tcon Director of Safety Services Reba Tcuw Director of Planning Services Jim Bentz Cc~munity Services Manager John Bridges Assistant Director of Planning Services Jay TmRUer Sheriff's Captain Brad Kutzner Senior Civil f~gineer Suzanne Oliva Deputy City Clerk ~GE ~ ~T.T~TANCE Deputy Mayor f~ery led the Pledge of Allegiance. ITf~ 3 NOV~F.R 4, 1986 GElgERAL ~gICIPAL ~.~CTION A. City Clerk Wahlstes reported the results of the Nov~aber 4, 1986 election held to elect three m~mbers of Council for four-year terms. She stated Linda Brannon received the highest number of votes at 6,231. Don Higginson w~s second with 4,801 and Carl Kruse, third with 4,287. There was a total -- of 11,588 ballots cast out of 20,030 registered voters. OEC 16 1986 ITEM 8 2386 Page 2 - CITY OF POWAY - Decenber 2, 1986 B. Motion 'by Councilmenber Eme_~y, seconded by Ccuncilmenber KrUse to adopt Resolution No. 86-130 entitled, "A Resolutien of the City Council of the City of Poway, California, Reciting the Fact of the G~neral Municipal Election Held in Said city on Nov~a~ber 4, 1986, Declaring the Result Thereof and Such Other Matters are Provided by Law." Motion carried 3-0 with Ccuncilm~bers Oravec and Shepardson absent. C. City Clerk Wahlsten administered the Oaths of Office and presented Certificates of Election to Linda Brannon, Don Higginson and Carl Kruse. D. The new C~unci~s were seated. PQ1%T.TC O~ (~C~(~ Mayor Tarzy explained the procedure for Public Oral CuLmunications. There was no one present wishing to speak. IT~4S 7-14 CONS~T CAT.RNDAR Motion by Councilm~ber ~mery, s~d~ by ~ci~ ~e, ~ adop~ ~e C~s~t ~r ~ folly: 7. ~tifi~tion of ~r~t R~ist~ - N~ 20, 1986. 8. ~ial of cla~ agai~t ~e City: ~sa ~son 9. ~r~ of ~u~] r~i~ of ~itio~l Use P~t 82-10, ~y ~ ~h~l, ~ T~yo, a~li~t; 144~ No~ ~e. 10. ~ion of ~oluti~ No. 86-131 ~titl~, "A ~oluti~ of ~e City C~cil of ~e city of ~y, ~ifo~ia, ~roving ~e ~lication for ~t ~ U~ ~e c~ity ~ ~ of 1986 for ~y ~ity ~k W~t ~o~t ~oj~t." 11. A~d of bid ~d au~ori~ti~ to ~t~ into ~ a~t ~ ~ifo~ia First ~ to provide ~ng s~ic~ to ~e City. 12. A~rov~ of c~ge in ~e ~ng T~ Dis~ility ~ce ~ri~ ~d au~ori~tion to sign ~e appropriate a~li~tion ~d a~t. 13. ~op~ R~olution ~. P-86-84, ~titl~ "A R~olution of ~e City ~cil of ~e City of ~y, ~ifo~ia, ~r~ing ~o~t R~i~ 86-19 ~ 4090R (~4~26) ." 14. ~ro~l of d~i~ of sid~ on ~in P~s at Tiara ~ni~, C~ ~ ~ 84-04R. ~ti~ ~i~ u~sly. DEO 16 1986 ITF. M 8 2387 Page 3 - CITY OF PO~AY - December 2, 1986 .L'~.'.~ 5 ' ORD~ NO. 203 - [~tT.S DI!IVlEAROR VIOLATIONS Mayor Tarzy r~d the title of Ordinance No. 203, "An Ordinance of the City of Poway, California, Amending Section 1.08.010 of the Porky Municipal Code to Increase the Maximum Find Assessable for Misdemeanor Violation and to Authorize the Issuance of Citations for Violation of' the Poway Municipal Code." Staff report by City Manager Bowersox. This Ordinance will enable enforcement of the Zoning Ordinance through citations rather than misdemeanor violations, enhancing the level of service to the c~L~l~nity. city Attorney Eckis stated Councilm~mb~rs Brannon and Higginson were not present at the first reading of this Ordinance, however, there w~s no public testimony, and they would be considered eligible to vote if they have reviewed the staff report frc~ that meeting. Councils Brannon and Higginson indicated they have read the s~ff reP°rt. There ~s no one present wishing to speak. Motion by Councilm~aber Emery, seconded by Counci~ Kruse to close the public hearing, waive further r~d~ng and adopt Czdinance No. 203. Motioa carried unanimously on a roll call vote. ±'1'~4 6 DfINATICN TO POWAY HIGH SCHOOL MARCHING BA~D Staff report by City Manager Bowerscx. Staff rec~%me~_ation is to authorize a $1,500 donation to the Porky High School Emerald Brigade Marching Band for their nationally televised ccm~=tition in the Fiesta Bowl, to be held i.n Phoenix, Arizona. Speaking in f~vor of staff rec~,LLendation: Rooald Downing, 16926 St. Andrews Drive, President, Poway High School Band Boosters Motion by Councilme~doer Emery, seconded by CounciLmember Kruse to approve staff recc~mendation to authorize the donation of $1,500 to the Poway High School ~erald Brigade Marching Band. Motion carried unanimously. CITY COUNCIL ITSI~S 20. Councilmember Kruse invited everyone to celebrate the City's sixth anniver- sary at Thursday's Sundowner to be held in conjunction with the Chamber of Cu~,~rce. The celebration will take place at the Cu~,~Lunity Center starting at 5:30 p.m. DE0 16 1986 ITEM 8 2388 Page 4 - CITY OF POWAY - December 2, 1986~'}~' 21. Mayor Tarzy re~tuested and received concurrence to hold a pre-development conference on December 11 for John-Boss Partners to allow construction of two restaurants at 12400 Poway ~ad. Upon motion by Councilm~mber Emery, seconded.by Councilm~mber Kruse, Mayor Tarzy ordered the meeting adjourned. The time of ad~urrm%ent ~s 7:25 p.m. Marjorie K. Wahlsten, City Clerk City of Po%~y OEO 16 1986 ITEM 8 2389