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Item 5 - Approval of Minutes AGENDA REPORT SUMMARY - - TO: Honorable Mayor and Members of the City Council -, James L. Bowersox, City Mana~ FROM: INITIATED BY: John 0, Fitch, Assistant City Manager Marjorie K. Wahlsten, City Clerk~ DATE: December 6, 1994 SUBJECT: Approval of Minutes ABSTRACT The Minutes of the November 15, 1994, regular meeting and November 22, 1994 cancelled meeting have been prepared and are attached for your approval, ENVIRONMENTAL REVIEW Environmental review is not required according to CEQA guidelines, - FISCAL IMPACf None ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the Council approve the minutes of the Poway City Council meetings of November 15 and 22, 1994, ACTION -- .: \city\ _gillat \0: it)'c 1 rk \agenda\ml nwt.$. sum DEe 6 1994 ITEM 5 - CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 15, 1994 The November 15, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m" by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California, COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Tony Snesko (Councilmember Snesko arrived at 7:04 p,m.) STAFF MEMBERS PRESENT James 8owersox City Manager Marjorie Wahlsten City Clerk Steve Eckis City Attorney John Fitch Assistant City Manager Bob Thomas Director of Community Services Mark Weston Director of Engineering Services Reba Wright-Quastler Director of Planning Services Randy Wi 11 i ams Director of Public Services Warren Shafer Director of Redevelopment Services Mark Sanchez Director of Safety Services Jim Marmack Sheriff's Captain Peter Moote Deputy Dir, of Administrative Services Penny Riley Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications, The following person was present wishing to speak: Fred Fear, 14062 York Avenue, asked if the Lighting District assessment is not a tax, what the penalty was for not paying it. ITEM 10 (704-10) VETERINARIAN ACTIVITIES AT PET SUPPLY WAREHOUSE Mayor Higginson stated he had received a request from Mrs, LaPorte to continue Item 10 to November 29, 1994. The other persons present wi sh i ng to speak concurred, as did the City Council, 5347 DEe 6 1994 ITEM 5 .1 , - - - Page 2 - CITY OF POWAY - November 15, 1994 - CONSENT CALENDAR City Clerk Wahlsten noted she had distributed a revision to the Minutes of October 18, 1994 and woul d request that the mot i on to approve Item 13 woul d include that revision, Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt the Consent Calendar as follows: 13, Approval of Minutes - City Council October 18, 1994, Regular Meeting October 25, 1994, Cancelled Meeting 15, Ratification of Warrant Registers - October 17-21, and October 24-28, 1994. (401-10) 16, Denial of claims for damages: A) Jacqueline and Joshua Cortez, and Robert Thomas; B) 8rennon-Katkov Development Company. (704-13) 17. Receive and file City Council Goals and Objectives for 1994-95, (202-01) 18. Adopt i on of the Poway Vi s itor Enhancement Program to be admi ni stered through the Chamber of Commerce, and approval of a budget of $14,150 for the fiscal year 1994-95, ( 1180-05) 19. Acceptance of landscape improvements for Tentat i ve Tract Map 89-03, Premium Investors, La Paz Summi t, i ncl udi ng Phase I withi n Landscape Maintenance District 86-02A, and Phase II, City's lemon grove. (602-01 #946) 20. Approval of a separate line item budget account for the Lake Poway Concess i onai re for the sale of fi shi ng and boating permits and state fishing licenses in accordance with the terms of the lease agreement for the Lake Poway Concession, (602-01 #408) 21. Authorization to negotiate a sole source contract with Westmont Industries for traveling bridge improvements at the Lester J, Berglund Water Treatment Plant with future approval of contract by the City Council, (602-01 #1035) 22. Approval of annexations to the Sewer Improvement District by adoption of Resolution No. 94-110, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of .Poway - Hector and Lilia Salgado", 14403 Carlson Court; Resolution No. 94- 111, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway - Ralph and Nasrin Barbee", 16309 Orchard Bend Road; Resolution No, 94-112, "A Resolution of the City Council af the City of Poway Annexing Territory to the Sewer Improvement Di stri ct of the City of Poway - Dean and Sandra Walker", 12936 Camino Del Valle; Resolution No, 94-113, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer 5348 DEe 6 1994 ITEM 5 . I - Page 3 - CITY OF POWAY - November 15, 1994 Improvement District of the City of Poway - Mark Feldman", 14346 Midland Road; Resolution No. 94-114, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway - Jack and Jeanne Taylor", 13953 Sagewood Drive; and Resolution No. 94-115, "A Resolution of the city Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway - James and Allison Walls", 13731 Putney Road. (1170-11 ) 23. Adoption of Resolution No. 94-116, entitled, "A Resolution of the City of Poway, California Approving a Cable Television Franchise Transfer from Time Warner Entertainment Company, L.P., to Time Warner Entertainment- Advance/Newhouse Partnership," (1206-05) 24. Appropri at i on of $9,000 for gradi ng and pavi ng aport i on of property leased for the Farmers' Market. (1401-11) 25, Award of bid for Parks and Landscape Tree Trimming Program to Golden Bear Arborists in the amount of $18,569, (602-01 #1038) 26. Adoption of Resolution No, 94-117, entitled, "A Resolution of the City Council of the City of Poway, California Approving Program Supplements No. 005 and 006 to Local Agency-State Agreement for Federal-Aid Projects," application for Congestion Mitigation Air Quality Grant and appropriation of $90,000 for the updated traffic signal coordination timing and installation of the closed circuit traffic surveillance camera to be reimbursed from the grant. (401-13) 26,1 Approval of agreement with David Paul Rosen & Associates, in an amount not to exceed $35,000, to assist in implementation of Redevelopment Agency Comprehensive Affordable Housing Strategy, (602-01, #221R) Motion carried unanimously, ITEM 4 (203-02) TENTATIVE PARCEL MAP 89-16 APPLICANT: RAHI NIKRAVESH City Manager Bowersox noted that this Tentative Parcel Map was continued from October 18, 1994, however additional time is needed to attempt resolution of issues ra i sed in the agenda report and further di scussed with staff. Staff recommends continuance to January 3, 1995, There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue consideration of Tentative Parcel Map 89-16 to January 3, 1994, Motion carried unanimously. 5349 DEe 6 1994 ITEM 5 ::;". - - - Page 4 - CITY OF POWAY - November 15, 1994 - ITEM 5 (701-04 ) ORDINANCE NO. 438jSECOND READING KEEPING OF LARGE ANIMALS Mayor Higginson read the title of Ordinance No. 438, "An Ordinance of the City of Poway, Cali forn i a, A Zoni ng Ordi nance Amendment to Ti t 1 e 17 of the Poway Municipal Code Regarding the Keeping of Large Animals, Including Regulations Concerning limitations on the Number of Animals That May Be Kept (ZOA 94-03)," City Manager Bowersox noted that this is the second reading of this Ordinance which is the compromise proposal worked out with the horse community, Speaking in opposition to staff recommendation: Peggy Collette. 13069 8ernadotte Lane Charles McLauchlan, P.O, Box 12, objected to the cost of a Conditional Use Permit since under hi s former zoni ng he coul d have that use by right, Susan Wu, 14117 Tierra 80nita Road, objected to the horses next door. Speaking in favor of staff recommendation: John Charles, 14061 Tierra Bonita Road Councilmember Cafagna stated this ordinance is a culmination of efforts and input from all parts of the community and although it may not be perfect it provides a standard of horse management which was not available in the previous ordinance and provides for enforcement. Motion by Mayor Higginson, seconded by Councilmember Cafagna to waive further reading and close the public hearing, Motion carried unanimously. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Ordinance No. 438. Motion carried 4-1 on a roll call vote with Councilmember Snesko voting "no." ITEM 6 (203-08) CONDITIONAL USE PERMIT 94-16 ADOBE RIDGE MINIPARK APPLICANT: C!TY OF POWA Y Mayor Higginson opened the public hearing. Sta ff report by City Manager Bowersox, This is a request for a Conditional Use Permit for the Adobe Ridge Minipark, the first minipark to be considered by the City Council since the adoption of General Plan Amendment 93-03D that established the design standards. The property is on the south side of Adobe Ridge Road starting at Pomerado Road and extends west for 1,270 feet, It is 3,4 gross acres and is encumbered by a San Diego Gas & Electric easement, Barratt American Inc., the property owner and developer has granted title of the parcels to the City and contributed $8,400 towards construction of the minipark, The facilities will include a turfed area, 5350 DEe 6 1994 ITEM 5 '.' I - Page 5 - CITY OF POWAY - November 15, 1994 two shade structures, picnic tables, benches, separate play areas, half hardcourt play surface, a drinking fountain and landscaping encumbering approximately 1,5 acres. Speaking in opposition to staff recommendation: Al Alarcon, 12215 Kozy Crest Lane Speaking in favor of staff recommendation: Fred Wilson, 14835 Sunrise Road Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No, P-94-53 entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 94-16, Assessor's Parcel Number 314- 670-1 through 16." Motion carried unanimously. ITEM 7 (203-04) VARIANCE 94-07 APPLl CANT: STEPHEN & SUSAN LUCKMAN Mayor Higginson opened the public hearing, Staff report by Director of Planning Services Wright-Quastler, This is a request for a variance to allow a two story detached garage/guest house at 15032 Eastvale Road where the existing residence is single-story. This will provide for the least disturbance to the natural terrain. Staff recommends approval, There was no one present wishing to speak, Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-94-54, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 94-07, Assessor's Parcel Number 278-301-15," Motion carried unanimously, ITEM 8 (203-04) VARIANCE 94-08 APPLl CANT: GREG AGEE Mayor. Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler, This is a request for a variance to allow a proposed 750 square foot attached addition to have a 15 foot rear yard setback where a 25 foot setback is required and a front yard setback of 21 feet where a 36 foot setback is required. The neighbors to the north have requested approval be given for a 17 foot rear yard setback. Staff recommends approval as requested by the applicant, 5351 DEe 6 1994 ITEM 5 I - - - Page 6 - CITY OF POWAY - November 15, 1994 - Speaking in opposition to staff recommendation: Ted Reynolds, 13266 Arroya Vista Road, Chairman of the Green Valley Highlands Association Architectural Committee, stated they concur with the front yard setback, but agree with the neighbors that 17 foot rear yard is more appropriate, Speaking in favor of staff recommendation: Greg Agee, 13338 Arroya Vista Road Motion by Mayor Higginson, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No, P-94-55, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 94-08, Assessor's Parcel Number 275-52-012," with a 17 foot rear yard setback, Motion carried unanimously. ITEM 9 (704-10) SIGN AMORTIZATION (Mayor Higginson left the room.) -- Staff report by City Manager Bowersox. At the October 11, 1994 meeting Mr. Kenneth Plummer, owner of All-Health Nutrition, spoke regarding the letter he had received from the City Attorney to remove his sign. It is one of 128 signs which became non-conforming upon adoption of the City's sign ordinance in 1983. The ordinance allowed a period of 8 years for non-confirming signs to be amortized with removal required by March 8, 1991. By August, 1994, ten of these signs still remained and those cases were forwarded to the City Attorney's office for enforcement, Mr. Ken Plummer, 12817 Francine Terrace, read a letter to the City Council, Council concurred to receive and file the report. (Mayor Higginson re-entered the meeting,) ITEM 10 (704-10) VETERINARIAN CLINIC ACTIVITIES This item was continued to November 29, 1994 earlier in this meeting. ITEM 11 (702-12) "KEEPING OF HORSES" INITIATIVE PETITION (Councilmember Snesko left the room,) - 5352 DEe 6 1994 ITEM 5 .. I - Page 7 - CITY OF POWAY - November 15, 1994 Staff report by City Clerk Wahlsten. An initiative petition regarding the keeping of horses and other large animals was submitted to the City Clerk's Office on October 20, 1994, The Registrar of Voters has verified the signatures and there are in excess of the 2,543 signatures required. The City Council can either adopt the measure as submitted or adopt a Resolution placing it on the ballot at the next general municipal election in November, 1996, Speaking in opposition to the measure: Ann Laux, 12710 Roca Grande Drive, who stated she felt some of the signatures were obtained fraudently, City Attorney Eckis stated that would have to be proved and a writ of mandate obtained to order the City Clerk to remove this item from the ballot, The City Council does not have the discretion to do anything other than adopt the measure as circulated or put it on the ballot, DeAnne Eri ckson, 15051 Val i Hai Road, asked about putting a competing initiative on the ballot, Motion by Counc il member Emery, seconded by Council member Callery to adopt Resolution No. 94-118, entitled, "A Resolution of the City Council of the City of Poway, Califarnia, Submitting to the Qualified El ectors of the City an Initiative Ordinance to Amend the Municipal Code Regarding the Keeping of Large Animal s," Motion carried 3-1 with Councilmember Cafagna voting "no.1I and Councilmember Snesko out of the room, (Councilmember Snesko re-entered the meeting) ITEM 12 (1180-05 ) AUTO SALES PROMOTION CONTRIBUTION Staff report by City Manager Bowersox, The Chamber of Commerce and the Poway auto dealers have proposed a second major auto show promotion to be held in the Megafoods parking lot on December 2-4, 1994 and have again asked the City to help support this event financially for advertising, The City benefits with increased sales tax, Mot i on by Council member Cafagna, seconded by Counci 1 member Callery to approve the appropriation of up to $5,000 to be used for the auto sales promotion with conditions outlined by staff, Motion carried unanimously. Council noted that this would be the last time they would provide this financial support, ITEM 12,1 (504-05) PUBLIC SERVICES REORGANIZATION Staff report by City Manager 8owersox, Following 15 months of review of procedures, analysis of workload and staff capabilities, the Director of Public Services has made several changes to procedures and task distribution with 5353 DEe 6 1994 ITEM 5 - .- - Page 8 - CITY OF POWAY - November 15, 1994 - measurable positive results, To continue progress, other organizational and staffing changes are recommended, Mot i on by Counc il member Callery, seconded by Counci 1 member Emery to approve organizational changes including combining three line divisions into two; transferring one division manager to Technical Assistant to the Director; establishing one new position of Senior Management Analyst; reassigning fleet maintenance and special districts coordination to report to the Director; and approve new and revised class specifications, Motion carried unanimously, CITY ATTORNEY ITEMS 28, City Attorney Eckis requested a closed session to discuss existing litigation pursuant to Government Code ~54956,9(a) regarding Smith v, All Persons, MAYOR AND CITY COUNCIL-INITIATED ITEMS 31A. Counc i 1 member Emery stated the 1 ast status report showed a decl i ne in ridership on the transit system and requested a workshop to discuss this and get an analysis of TDA funds, 32, Councilmember Snesko congratulated Mayor Higginson on his recent election victory and thanked him for running a "clean" campaign, CLOSED SESSION Mayor Higginson called for a closed session at 8:20 p,m. CALL TO ORDER AND ADJOURNMENT Mayor Hi ggi nson called the meeting back to order at g:OO p,m, with all Councilmembers present except Councilmember Snesko who did not attend the closed session. The meeting was adjourned on motion by Councilmember Cafagna, seconded by Councilmember Callery and carried, MarJorie K, Wahlsten City Clerk City of Poway - 5354 DEe 6 1994 ITEMs -.. - CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING NOVEMBER 22, 1994 COUNCILMEMBERS PRESENT None COUNCILMEM8ERS ABSENT Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson The City Council meeting of Tuesday, November 22, 1994, was adjourned pursuant to the 1994 Legislative Calendar adopted on January 11, 1994. The next regularly scheduled meeting is November 29, 1994 at 7:00 p,m" in the City Council Chambers, Marjorie K, Wahlsten, City Clerk City of Poway 5355 DEe 6 1994 rrEM 5 I -