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Item 12 - Minutes of Meeting - May 20, 1986• CIT! OF. , CALIFORNIA NIMTES OF TDB any =Rum Kama MSG MAY 20, 1986 The May 20, 1986, regular meeting of the City Council of the City of Poway was called to order at 7:00 P.M. by Mayor Kruse at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUICIIMEMBERS AtbEffitII1G ROLL CALL Bob EMery, LindaOravec, Mary Shepardson, Bruce Tarzy, Carl Kruse STAFFESIBMS PRESENT James Bowersox Steve Eckis John Pitch Patrick Foley Alan Archibald Bill Toon Reba Touw John Bridges Jim Nessel Brad Kutzner Alan Schuler Jim. Bentz Jo Seibert PLEDGE O ALLEGIANCE City Manager City Attorney Assistant City Manager Assistant to the City Manager Director of Public Services Director of Safety Services Director. of Planning Services Assistant Director of Planning, Services Associate Planner • Senior Civil Engineer Senior Civil Engineer Ccmnunity Services Manager Deputy City Clerk Deputy Mayor Shepardson led the Pledge of Allegiance. PUBLIC ORAL CONUNIcATIt S Mayor Kruse explained the procedure for Public Oral Communications. Orval Hill, 13001 Borwron Road #6, spoke regarding the need for new. maps of Panay showing existing streets and landmarks. Patrick Boyle, 12932 Cree Drive, representing the Lion's Country Fair, stated the representatives of the fair were unaware that the proposed car crushing demonstration would violate the noise section of their temporary use permit (TUP 86-18). Eric Baugh, 12345 Panerado Road, stated the demonstration ' will take place at 6:00 P.M. each evening of the fair and will last six minutes. Council agreed to permit the demonstration providing the six-ninute duration is not exceeded and instructed staff to monitor the activity. I Pae 2 - CITY OF POWAY - May 20 1986 Earl Clampett, Jr., 12623 Pedriza, asked the status of Conditional Use Permit 83-04. the Stonegarden/Gateway project. City Manager Eowersox stated the CUP expired in April but was erroneously granted a time extension by staff to the June 15, 1986. Mr.. Clampett objected to staff. granting the time extension without public notice. Council directed staff to meet with Mr. Clampett to discuss the matter and to provide Council with a status report on this project. ITEM 7-19 CONSENT CA EWAR ' Motion Councilmember Oravec seconded b Councilmanber Tar to a t :the by � Y ZY. �P Consent Calendar as follows: 7. Approval of Minutes - City Council: May 6 1986, Regular Nesting May 8; 1986, Adjourned Regular Meeting 9>. Ratification of Warrant Register. May 8 1986 W. Approval of Progress Pay Estimate # 1, R. E. Hazard Construction Cerny, $137,212.33, for the Camino clef, Norte and Civic Center Drive bike lane pro- ject- 11. Authorization to oppose Assembly Pill 3174 regarding enhanced county ability to challenge indebtedness. 12. Approval of the following with regard to Landscape Maintenance District 83-1 (Rancho Arboltos, .Adobe Ridge, Colonies): A. The 1986-87 Engineer's Report. Be Resolution No. 86-044 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention - to Levy and -_ Collect Assessments within the Poway Landscape Maintenance Assessment - District No. 83-1 for Fiscal Year 1986-87.' 13; Approval of the following with regard to Landscape Maintenance District 86-1 (Hirsch Ranch): A. The 1986-87 Engineer's Report establishing the 1986-87 district budget. Be Resolution No. 86-045 entitled, "A Resolution of the City Council_ of the City of Poway. California, Declaring the Intention to Levy and Collect Assessments Within the Poway Landscape Maintenance Assessment District No. 86-1 For Fiscal year 1986-87," JUS 31986 ITEM 1 t 2177 Page 3 CITY OF POMY - May 20, 1986 „ - - .pie vi i�'�4c3a,► 14. Approval of the following with regard to Landscape Maintenance District 86-2 (Sunrise Ranch): A. Resolution No. 86-046 entitled, "A Resolution of the City Council of the City of Poway, California, ordering the- Formation of Poway Landscape Maintenance Assessment District No 86-2 With Written Consent of All Property owners." B. The 1986-87 Engineer's Report establishing the 1986-87 district budget. C. Resolution No. 86-047 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within the Poway Landscape Maintenance Assessment District No. 86-2. For Fiscal Year 1986-87." 15. Approval of the following with regard to Landscape Maintenance District 86-3 The Poi -4): A. Resolution No. 86-048 entitled, "A Resolution of the. City Councilof k the City of Poway, California,` ordering the Formation of Poway p f Landscape Maintenance. Assessment District No. 86-3 With Written Consent Of All Property owners. r - B. The 1986-87 Engineer's Report establishing the 1986-87 district budget. y: C. Resolution No. 86-049 entitled, "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy' and Collect Assessments Within the Poway Landscape Maintenance Assessment r District. No. 86-3 for Fiscal Year 1986-87.11.F 16. Adoption of Resolution No. 86-050 entitled, "A Resolution of the City council of the City of Poway, California, ordering the Summary Vacation of Wooc3set Laney Abutters' Rights of Access Appurtenant to Lots 1 & 10 In and To Twin n Peaks Road (Formerly Camino del Norte) Pedestrian and Equestrian g Trail Easements; and a Drainage Easement, All As Dedicated by County of San '~ : Diego Tract No. 4107, Map No. 10258, and a Portion of a Drainage Easement In That Portion of the South -Half of Section 2, Township 14 South, Range 2 West, San Bernardino Meridian (VAC 86-06)" 17. Adoption of Resolution No. P-86-29 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review 86-24, Assessor's Parcel Dumber 323-092-51 (Portion)," 13760 Calle Seco® FathMohiing, applicant. 18. Approval of Resolution No. P-86-30 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Development Review a 86-25, Assessor's Parcel Number 323-092051 (Portion)," 13725 Calle Seco, Bert and Faith Molding, applicants. JUN 2178 Page 4` - CITY CF PUAAY May 20, 1986 r 19. Approval of Resolution No. P-86-31 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 86-27," to use a trailer as a sales office for Country EstatesSubdivision in Bridlewood development, R. B. McCanic, applicant. Motion carried unanimously. ITEM 4 TENTATIVE PARCEL MAP 86-03 APPLICANT: R & R PARTNERS PCHAY Introduction by City Manager Bowersox. He stated the request is for a ten - parcel division of 19.5 acres located at the southeast corner of Pamerado and Twin Peaks Roads. The approval of this map culminates approximately three and one-half years effort on the part of staff., the property owners, and the develo- pers, to establish . a commercial center at this intersection. Recommendation is to approve the application with conditions and issue a Negative Declaration. Staff report by Assistant Director of Planning Services Bridges. He stated State Route 56 may require realignment to the northeast to meet CalTrans sten- dards with respect to slope and turning radius. The environmental impacts asso- ciated with that proposed realignment would be the same as with the entire project. The area of the project site is increased by approximately three acres, but the grading remains the sane and will require the mitigation measures j assoicated with soils and geology. The drainage, and noise impacts are the same, requiring mitigation measures for the adjacent single family residential zone. The requ rawnts for street improvements and replacement of trees also remain the same. The realignment of State Route 56 would yield the same environmental impacts as the entire project, and staff believes the mitigation measures contained within the resolution of approval will adequately address those impacts. Speaking in favor of staff recommendation: Roger Mohrhoff , 427 Promontory Drive E. , Nport Beach, CA., General Partner of R & R Partners Poway. Mr. Mohrhoff reported on promotion of the retail space within the center. He stated that in addition to GECO, a national %twen's clothing store and other nationally known retailers and restaurants are negotiating for space within the center. There was one slip submitted in favor of staff recommendation but not wishing to speak, There was no one present wishing to speak in opposition to staff recommendation. Motion by Councilmenber Tarzy, seconded by Councilmember Oravec, to close the public hearing, issue a Negative Declaration, and adopt Resolution No. P-86-32 JUN `'J 1986 1 T E M 'I 2179 EN t.. Page 5 CITY of POWAY May 20, 1986 E entitled "A Resolution -of the City Council of the City of Poway, California, Approving Tentative Parcel Map 86-03," and Resolution No. P-86-33 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Development Review 86-08." Motion carried unanimously. Councihmember wry stated this center is very important to Poway's future sales tax revenues. It will create a sound base which will allow the City to do improvements in many areas for the benefit of the entire community. TII++t 5 ANNEXATION = BUREAU OF LAND MANAGEMENT LAN? Staff report by City Manager Bowersox He stated that the Bureau of Land Manag nt and the City of Poway entered into a five-year lease agreement in August, 1983, regarding the devel.ot and management of approximately 1,877 f acres of public land located on. the City,s-eastern boundry. About 552 acres is currently within Poway 's city limits, the remaining 1,325 acres is contiguous o the City's eastern boundary, but within the unincorporated area of San Diego County. Stuff intends to make application to LAFCO for the annexation .of the incorporated portion. Recommendation is to approve a resolution of application and a resolution- of appropriation; issue a Negative. Declaration and authorize the City Manager to sign the application for reorganization. There was no one present wishing to speak on this item. t Motion by councihTonber Tarzyj, seconded by Councilmemloer oravece to close the 4 public hearing, authorize the City Manager to sign the application for reorgani- zation, issue a Negative Declaration, and adopt Resolution No. 86-051 entitled, "A Resolution of the City Council of the City of Poway, California, Requesting Formation Commission to Take Proceedings for the Bureau of hand the Vocal. Agency z Manage -anent Territory Reorganization," .and Resolution No. 86-052 entitled, "A Resolution of the City Council of the City of Poway, California, Appropriating Fonds for State and Local Fees for the Proposed Bureau of Land Management Territory Reorganization.'' Motion carried unanimously. IT34 6 CITY LIGHTING DISTRICT Staff report by City Manager Bowersox. He stated a resolution to initiate pro- ceedings for the formation of the Poway Street Lighting assessment District was adopted by Council on May 13, 1986. Recommendation is to approve the Engineer's I J°J �1 ! T M 2180 Page 6 CITY OF POWAY -May 20, 1986 N Report and adopt a resolution declaring the intention'to order the formation of the district and to levy and collect assessments, setting a public hearing for June 17, 1986, in the Camiunity Center. Councihmnber Emery suggested that that staff print an article in Poway Today explaining the district, with its associated costs and benefits. City Manager Bowersox stated an explanation letter is being sent to 10,000 households with the Notice of Public Hearing.. motion by Councilmenber Tarzy, seconded by Councilmember Shepardson, to: l.Approve the Preliminary Engineer's Report For Poway City Lighting District, May, 1986, outlining the assessment for fiscal year 1986-87; 2. Wopt Resolution No. 86-053 "A Resolution of the City Council Of the City of Poway, California, Declaring 'Their Intention to Order the Formation of an Assessment District to Levy and Collect Assessments for the Installatione Cperation, , and maintenance of Public Lighting -racilities in the City of Poway. Motion carried unanimously. CITY MANAGER ITEMS 20. A. Off -Docket Item. Maintenance and Improvnt to Planning Services Building City manager Bowersoxstated the Planning Services building at 13202 Poway Road requires reroofing and air conditioning, repair. The 1985-86 budget includes $21,,000 for these purposes. Reccmuendation is to authorize the invitation for bids. Motion by Councilmember Tarzy, seconded by Councilmmber Shepardsont to authorize staff to solicit public bids for air-conditioning improve- mnts and reroofing of the Planning Services building. Motion carried unanimously. B. City Manager Bowersox reported that an agreement has been reached with CalTrans regarding tree replacement and trail construction in connec tion with their project to bprove Highway 67 in the area of, Mina de Oro and Poway Roaft. They will replace the 600 oaks to be removed with acceptable substitutesm, trying to transplant wherever possible, and will fund 75% of the construction of a equestrian/pedestrian undercrossing in that area. JUN 3 7986 1 T t ivi 2181 WIN 3 3986 ITEM12 2182 Page 7 - CITY OF POWAY - May 20, 1986 CITY ATTORNEY EITEMS 21. City Attorney Eckis requested a closed :session pursuant to Goverment Code Section 54956.9 (B), significant exposure to litigation, Erreca°s Inc. Notion by Councilmanber Tarzy, seconded by Councilmember Shepardson, to find that, upon the advice of counsel, significant exposure to litigation exisits with respect to Lake Poway West Expansion, Phase IIIA, Erreca°s Inc. Motion. I carried unanimously. COUNCILMEMBER ITEMS 22. A. Councilm tuber Emery dented on CalTran°s`position regarding the propsed ballot measure to increase sales tax to fund transportation projects.' He stated they supporta ten year program with 50% of the funds going to state highway construction. B. Councilmmiber Emery asked for and received Council concurrence to direct staff to write a letter to Poway Unif ied School District and the City of San Dido stating that Poway is willing to participate with the City of San Diego in a growth moratorium until. school construction. k meets the demand placed on PUSD by the growth occurring in Sabre Springs -and Carmel Mountain Ranch. He stated the impetus for this request was an article in the May 20, 1986, edition of the Times Advocate regarding overcrowding in PUSD schools. 23 Councilor Oravec asked staff • to investigate abandoned cars in the coin- mercial zone. She will provide addresses. r 24. Councilnimiber Shepardson asked staff to investigate a fence over the aqueduct easement in the area of Garden Road. 25. A Councilmember Tarzy asked for and received Council concurrence to { direct staff to bring forward a policy statement regarding permitting clustering of units on properties with s slopes. pest. The policy should allow for no increase in density, but preserve the areas in permanant F open space. B. Courciln*m9mr Tarzy stated there is an issue before the United States Supreme Court which would require jurisdictions to carpensate property owners if their property is rezoned to a lower density. He asked City Attorney Eckis to report on thepossibility of requiring property owners to ccmpensate the jurisdiction if a property is rezoned to allow increased density. } F r WIN 3 3986 ITEM12 2182 Page 8 CITY OF POAY May 20, 1986 RECESS PAID CLOSED SESSION ��r f1y Mayor Kruse recessed the meeting at 8:10 P.M. and called for a closed session as requested by City Attorney Eckis. CPM SESSION Mayor Kruse called the meeting back into open session at 8:20 P.M. All Council members were present except Councilmembers Biery and Tarzy. Mayor Kruse announced counsel was instructed to arbitrate in the matter of Errreca's'Inc. ISTOURNIENr Upon notion by Councilmember Shepardson, seconded by Counci]member Oravec, Mayor Kruse ordered the meting adjourned to- 4:00 P.M., Thursday, May 22, 1986. The time of adjournment was 8:21 P.M. Jo Seibert, Deputy City Clerk City of Poway u!Y JUN 3 1986 ITEM 12 2183