Item 13 - Approval of Minutes
AGENDA_REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James l. Bowersox, City Mana~
INITIATED BY: Marjorie K. Wahlsten, City Clerk ~
DATE:
November 15, 1994
SUBJECT: Approval of Minutes
ABSTRACT
The Minutes of the October 18, 1994 regular meeting and October 25, 1994 cancelled
meeting have been prepared and are attached for your approval.
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines.
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FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the City Council approve the minutes of the October 18 and 25,
1994 City Council meetings.
ACTION
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NOV 1 5 1994 ITEM 13
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CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 18, 1994
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The October 18, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 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, Tony Snesko, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Clerk
Steve Eckis City Attorney ",_,<,-~ "'.,.+
John Fitch Assistant City Manager --~~
Peggy Stewart Director of Administrative Services'" ."
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
Bob Krans Fire Battalion Chief
Steve Streeter Principal Planner
Michael Putnam Performing Arts Center Manager
Patrick Foley Principal Management Analyst
Peter Moote Deputy Dir. of Administrative Services
Penny Ril ey 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 persons were present wishing to speak:
Alison Farrin, 15134 Oak Canyon Road, representing the Poway Horseman's
Association and California State Horseman's Association, Division B,
presented their side of the S.H.A.R.E. initiative controversy. She stated
Peggy Collette presented her side at the October 4, 1994 City Counc il
meeting.
Bill Rickles, 12423 Paseo Colina, protested an agreement he had heard was
bei ng arranged with Catheri ne Rodman, Legal Aid Society, to put more
affordable housing in the South Poway area. He stated that if this is a
state mandated item it should apply equally to all areas of the City.
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Page 2 - CITY OF POWAY - October 18, 1994
Peggy Shea, 12423 Paseo Co1 ina, spoke about the effects of affordable
housing being all in one area, including creating a ghetto.
Sandy Victor, 13187 Va1ewood Road, talked about drug problems in Poway and
how they will get worse by building affordable housing.
Cheryl laPorte, 14265 Jerome Drive, stated the Pet Supply Warehouse is in
violation of the zoning code because they are allowing vet clinics on
site. The CC zone does not allow veterinarians. She also referred to
their banner signs and questioned whether they are legal. Staff wi 11
report back to the City Council.
les Revier, 13020 Oak Knoll Drive, expressed concern about the possibility
that the Brookview Village which was being designed for low income senior
housing would be changed to very low income family housing under terms of
an agreement with legal Aid as an outcome of litigation. This would mean
welfare families in the area which could overcrowd Pomerado School.
In response to some of the speakers comments, City Attorney Eckis stated there
is a lawsuit pending that includes a variety of attacks on how the Redevelopment
Plan was adopted and how affordable housing money will be spent. Our legal
obligation is to spend housing fund money in accordance with whatever the senior
and family needs are in the community as justified by a needs assessment. The
existing sites designated by AH carry a sub-designator for senior or family and
those can only be changed through the public hearing process. But very largely
how a project goes forward will be dictated by our legal obligations.
CONSENT CALENDAR
City Manager Bowersox pulled Item 20.1 from the Consent Calendar. Motion by
Councilmember Callery, seconded by Councilmember Emery to approve the Consent
Calendar as follows:
10. Approval of Minutes - City Council
September 27, 1994, Regular Meeting
12. Ratification of Warrant Register - September 26 - 30, 1994 ( 401-10)
13. Approval of City's Investment Report - September 30, 1994. (408-01)
14. Removal from calendar of Minor Development Review 94-37, Cecil and Fran
Short applicants: a request to construct a two-story residence on 1.29
acres located at 15003 Huntington Gate Drive. The applicant amended the
grading plan to conform with the approved map and it can now be approved
by staff. (203-10)
15. Acceptance of the Midland Road transit stop turnout and shelter from
Marquez Constructors, Inc. (l644 ) (602-01 #995)
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17. Receive and file third quarter activity report for the Economic
Development Division of the Redevelopment Services Department. (209-00R)
18. Receive and file closed session report pursuant to Government Code
~59457 .1 (a)( 1), Huber jOpfer property purchase by the Redevelopment Agency,
located at the northeast corner of Bowron Road and Civic Center Drive.
(l002-01R)
19. Approval of parking signage and curb painting improvements at the Poway
Center for the Performing Arts. (1402-01)
20. Report of administrative action taken on City Council-Initiated and Public
Inquiry Items through October 10, 1994, (701-10)
20.2 Approval of the Conveyance of Terms & Conditions of the Development &
Disposition Agreement for Twin Peaks Plaza. (602-01, #17R)
,- Motion carried unanimously.
ITEM 5 ' (203-24)
MINOR CONDITIONAL USE PERMIT 94-07
OWNERS: LARRY AND LIZ WOLFE
Mayor Higginson stated this public hearing was continued from October 4, 1994 to
allow time to re-notice property owners who were omitted during the initial
mail ing. Item introduced by city Manager Bowersox. Staff report by Director of
Planning Services Wright-Quastler. This is a request to construct two solar
panels within an open space easement on a residential easement at 12989 Pequot
Drive in the Palisades section of Rancho Arbolitos. Staff had been contacted by
three neighbors objecting to the solar panels being allowed to encroach on the
open space easement. Staff believes there are special circumstances associated
with the subject property, namely the location of the panels is restricted due
to the size of the units, the limited usable yard space outside the open space
easement and the potential aesthetic impacts from mounting them on the roof.
Speaking in favor of staff recommendation:
Larry Wolfe, 13989 Pequot Drive
Speaking in opposition to staff recommendation:
Carolyn Mathur, 13991 Pequot Drive
Joanne Fowler, 14126 Palisades
Bru~e Hamilton, 13178 Woodmont Street
Dr. Lloyd Kuritsky, 14135 Palisades Drive
John Taylor, TruBlu Pool Supply, 12815 Poway Road
John Foley, 14150 Palisades Drive
Rugby Mathur, 13991 Pequot Drive
Larry Renner, 14158 Palisades Drive
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Linda Strobel, 14124 Woodhollow Lane
Wendy White, 13987 Carriage Road
Speakers expressed concern regarding allowing a structure in the open space
easement, setting a precedent, and degradation of views.
Councilmember Emery stated he believes it is precedent setting and while we are
not in the business of enforcing CC&R's, open space should not have a structure
on it, and should not be fenced as part of a resident's property so it appears
usable.
Councilmember Callery stated she believes the City should not accept development
applications that are in violation of CC&Rs.
Mayor Higginson stated he cannot support findings 2, 4, 5, or 6.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to den~~~;pg~~
Conditional Use Permit 94-07. Motion carried unanimously. ""'-,.,.,...~,,' " .'
ITEM 6 (203-02)
TENTATIVE PARCEL MAP 89-16
APPLICANT: RAHI NIKRAVESH
(Council member Callery left the room.) Mayor Higginson opened the publ ic
hearing. City Manager Bowersox stated the applicant has requested a continuance
to November 15, 1994.
There was no one present wishing to speak.
Mot i on by Council member Emery, seconded by Council member Snesko to continue
consideration of Tentative Parcel Map 89-16 to November 15, 1994. Mot ion carri ed
4-0 with Councilmember Callery out of the room.)
(Councilmember Callery re-entered the meeting.)
ITEM 7 (1110-06 )
BIKE LANES ON MIDLAND ROAD
Staff report by City Manager Bowersox. The Traffic Safety Committee reviewed a
report to remove a two-way left turn lane on Midland Road between Norwalk and
Aubrey with the installation of bike lanes for safer bicycle access to Old Poway
Park from the north. After receiving input from residents, they concluded that
the left turn lane should not be removed but that an alternative bike route be
signed west on Norwalk to York, south to Aubrey, and east to Midland. Traffic
Safety Committee will review this again in four months. Motion by Councilmember
Emery, seconded by Councilmember Callery to receive and file the report. Motion
carried unanimously.
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NOV 1 5 1994 ITEM 13
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Page 5 - CITY OF POWAY - October 18, 1994
ITEM 8 (701-09)
UPDATE ON BUDGET REVIEW COMMITTEE'S REPORT
Staff report by City Manager Bowersox. The 1994-95 Budget Revi ew Commi ttee
requested that the City Council respond to their recommendations and staff has
prepared a status report on actions taken to date on each of the Committee's
recommendations.
Jerry Hargarten, 13622 Orchard Gate Road, Chair of the 1994-95 Committee, thanked
staff for the thorough report. He asked questions about first quarter revenues,
forthcoming financial report on Poway Royal, and salary issues.
Council concurred to receive and file the report.
ITEM 9 (1502-29)
HOUSING ELEMENT OBJECTIVES PROGRESS REPORT
Staff report by City Manager Bowersox. Section 65400 of the Government Code
requires that each jurisdiction provide an annual report to the Office of
Planning and Research and the Department of Housing and Community Development
regarding the status of reaching Housing Element Objectives. Staff has prepared
a report from July 1, 1991 to June 30, 1994 and recommends it be filed.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, asked several questions regarding
statements in the report referring to the mobile home parks. Staff will
respond to her questions.
Motion by Council member Emery, seconded by Mayor Higginson to authorize submittal
of the report. Motion carried unanimously.
ITEM 9.1 (701-04, #432)
AMENDMENT TO LARGE ANIMAL ORDINANCE
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. On April 5, 1994 the City Council adopted Ordinance
432 which amended the municipal code provisions regarding the keeping of large
animals. A group was formed to circulate a petition to place additional
amendments to the ordinance on the ballot which would further restrict the number
of animals kept. Mayor Higginson and Councilmember Cafagna have been meeting
with various groups to an attempt to find common ground. Changes that have been
agreed to by most of the parties include precluding new applications for keeping
ten or more horses in the RS and RR-C zones after 90 days past the effective date
of the ord i nance, except for those stabl es with Cond it i ona 1 Use Permi ts;
increased separation between animal enclosures and adjacent residences for four
or more horses; and reducing the maximum permitted animals to 6 per acre, to a
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NOV 1 5 1994 ITEM 13
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Page 6 - CITY OF POWAY - October 18, 1994
maximum of 9. Staff has "pre-noticed" a public hearing for November 1, 1994 to
hold first reading on the ordinance.
Speaking in opposition to staff recommendation:
Peggy Co 11 et te, 13969 Bernadotte Lane, petition proponent, stated the
changes made were not enough
Adrienne Regard, 14908 Espola Road, asked about the setback requirements.
Speaking in favor of staff recommendation:
Ann Laux, 12710 Roca Grande Dri ve, questioned the sl iding scale on
setbacks by number of horses.
Robert Coates, 10444 Rue Du Nuage, San Diego
Jim Seifert, 16344 Martincoit Road
DeAnne Erickson, 15051 Vali Hai Road
Motion by Councilmember Snesko, seconded by Councilmember Emery to proceed with
the first reading of the ord i nance on November 1, 1994. Motion carried
unanimously.
ITEM 9. 2 (1401-14)
STAFFING AT 8LUE SKY RESERVE
Staff report by City Manager Bowersox. The Department of Fi sh. & Game has
notified the City that the Interpretive Specialist position at Blue Sky
Ecological Reserve will be eliminated by the end of 1994. In order to continue
the interpretive programming, professional staff needs to be retained to work
with the volunteers. The County of San Diego is a property owner and partner in
the management of Blue Sky and they have indicated a willingness to fill the
position with a County employee with full funding from the State and the City of
Poway.
Councilmember Callery stated the Blue Sky volunteers want to be involved in the
process and will identify one person to work with staff. She also asked about
insurance coverage for the volunteers. Director of Community Services Thomas
stated that staff is investigating coverage.
Motion by Mayor Higginson, seconded by Councilmember Callery to authorize the
staff to negotiate with the County of San Diego to provide a County staff
position at Blue Sky Ecological Reserve through June 30, 1995. Motion carried
unanimously.
ITEM 20.1 602-01 #955)
LEASE AGREEMENT FOR FARMERS MARKET
City Manager Bowersox stated he had removed this from the Consent Calendar in
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NOV 1 5 1994 ITEM 13
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order to make some changes. Staff is recommending the term be extended for two
years, that the City pay the property taxes of approximately $2,000 per year and
that we install a center lane of asphalt. Mot i on by Counc i I member Emery,
seconded by Mayor Higginson to approve staff recommendation. Mot i on carri ed
unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24. Councilmember Callery stated she had been receiving calls regarding the
possibility of Pomerado Hospital converting from a full service acute care
fac il ity to a spec i a lty care facility or closing the facility, and
requested a meeting of the Health System Joint Committee be scheduled to
clarify what their plans are.
26A. Councilmember Snesko stated that he still feels there needs to be some
reward for defacing or stealing political signs. He made a motion that we
offer a $500 reward for i nformat i on I eadi ng to arrest of anyone who
defaces, steals, destroys, or vandalizes political signs and a $2,000 fine
with the recovery of the $500 from the fine. City Attorney Eckis stated
the second part requires an ordinance amendment wh i ch could not be
effective for this election. The reward could be a matter of policy.
There was no second.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 9:35 p.m.
MarJorie K. Wahlsten, City Clerk
City of Poway
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NOV 1 5 1994 ITEM 13
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CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING
OCTOBER 25, 1994
.
COUNCILMEMBERS PRESENT
None
COUNCILMEMBERS ABSENT
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
The City Council meeting of Tuesday, October 25, 1994, was adjourned pursuant to
the 1994 Legislative Calendar adopted on January 11, 1994.
The next regularly scheduled meeting is November 1, 1994 at 7:00 p.m., in the
City Council Chambers.
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NOV 1 5 1994 ITEM 13