CC 1993 11-16 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR NEETING
NOVEMBER 16, 1993
The November 16, 1993, regular meeting of the City Council of the City
of Poway, was called to order at 7:00 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
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Pack 625, Den 2, 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:
Wayne Hallett, 13074 Tuscarora Drive, invited the Councilmembers to
JOAD's archery tournament December 12th at the Lake Poway archery range.
He thanked them for their recent contribution to buy permanent targets
and stated Easton Archery had donated 30 targets and the entire $1,500
was not needed.
CONSENT CALENDR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve
the Consent Calendar as follows:
Approval of Minutes - City Council
October 12, 1993, Regular Meeting
October 26, 1993, Regular Meeting
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8. Ratification of Warrant Register - October 28, 1993
Acceptance of improvements and release of securities, Tentative Tract
Map 89-15, Standard Pacific, applicant; located in the Rancho Arbolitos
area on the west side of Palisades Drive. (Continued from October 26,
1993, Item 24.) {602-01, #837}
10.
Acceptance of improvements and release of securities, Tentative Tract
Map 4191-5BR, Standard Pacific, applicant; located west of Carriage Road
and north of Poway Road. (Continued from October 26, 1993, Item 25.)
(602-01, #785)
11.
Approval of interim agreement regarding withdrawal from the San Diego
Area Wastewater Management District (extending withdrawal period six
months to June 30, 1994} (602-01, #981)
12.
Award of bid for building janitorial services to Professional
Maintenance in the amount of $47,060. {602-01, #1002)
Motion carried unanimously.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 93-04
APPLICANT: LEA BURRELL
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. On
May 18, 1993, the City Council approved Minor Conditional Use Permit 93-02 for
a period of six months in order to test whether or not the keeping of a large
tropical bird collection could be compatible with a surrounding residential
neighborhood. Some of the neighbors are still complaining about the noise and
staff recommends denial of the request with 90 days from the date of this
hearing to relocate the bird collection outside the City of Poway, or 60 days
to locate a more appropriate site within Poway and apply for a permit for the
new site.
Speaking in opposition to staff recommendation:
Jack Hodgson, 5533 Baja Drive, San Diego, owner of the property, stated
Ms. Burrell was a good tenant and this is an appropriate use of
the property.
Lea Burrell, 14121Melodie Lane, stated she has reduced the number of
birds on the property to 70 and this is not a breeding farm. She
explained how she has moved the noisy birds and the hours when
they are indoors.
Nancy Intermil, 14112 Ipava Drive, cited noise made by other animals in
the neighborhood and stated it is part of living in the country.
Malinda Bloom, 13970 Magnolia Avenue
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Salley Moffett, 14143 Melodie Lane
Ralph Smith, 13425 Nokoni Drive
Jerry Pinney, 13627 Olive Tree Lane, stated his property adjoins Ms.
Burrell on the south and the noise does not bother him.
Speaking in favor of staff recommendation:
Joseph Gordon, speaking for Phyllis Tulloch, 14119 Ipava Drive
Donald Worley, attorney for Laurie Krusinski who lives at 14113 Ipava
Drive. Mr. Worley is with Worley, Schwartz, Garfield & Rice, 401
'B' Street, San Diego. He stated the use is a nuisance and cited
PMC Section 8.08.140 regarding noise
Daniel LaPlant, 12930 Whitewater Drive
John Pampy, 14113 Ipava Drive, showed a video illustrating the noise
Virgil Opfer, 13526 Willow Run Road, owns rental property at Ipava and
Savage Way
Pam Gordon, daughter of Phyllis Tulloch, speaking for Jason & Marie
Arbeiter, 14023 Ipava
City Attorney Eckis requested the Councilmembers disclose their contacts with
the property during their comments.
Councilmember Callery stated she had visited the neighborhood a few times in
late afternoon and heard birds squawking loudly. She questioned whether these
birds are exotic or indigenous to the area since the Poway Municipal Code
prohibits keeping of exotic or non-domestic animals in any zones less than one
acre. Chapter 17.34, small animals, talks about poultry and fowl. On one
acre you can have 25 fowl, plus 12 for each additonal acre. You either need a
CUP to have exotic animals in this zone, or you can have 28 without any CUP if
they are considered fowl. City Attorney Eckis agreed with Councilmember
Callery's analysis, however, he stated that the City Council had made a
determination when this was considered before that these are exotic and non-
domestic animals. Councilmember Callery stated that she feels that 70 to 90
are too many and much too intense a use for 1-1/4 acres.
Councilmember Snesko asked Ms. Burrell how many of the birds are tame. She
stated they are all tame but the finches. Councilmember Snesko read from the
dictionary defining "domestic" as "tame." He stated he has visited Ms.
Burrell's property three or four times. He had given Mrs. Tulloch and Mr.
Pampy his pager number and told them to page him whenever the birds were
making noise. Mr. Pampy paged him about 15 times and he went immediately to
his home but the noise had ceased by the time he arrived. Doesn't seem to be
a constant noise. Heard a lot of noise from other animals in the neighborhood
including a burro and peacock. He stated he was in favor of a six month CUP
with a recommendation to plant eucalyptus trees on the property line for noise
attenuation.
Councilmember Cafagna stated he had been in the neighborhood approximately ten
times ranging from 5:30 a.m. to g p.m. This seems to be a personal issue of
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noise annoyance and the noise he heard is not personally annoying.
Motion by Councilmember Snesko to approve the Conditional use Permit with
additional sound attenuating features. Motion seconded by Councilmember
Cafagna.
Councilmember Emery stated he has visited the property on two occasions and
did not hear anything, however the discussion should be whether or not this is
an intrusion in a residential neighborhood and he feels it is.
Mayor Higginson stated he has visited the property nine times since the CUP
was orignally approved. Two of those visits were with Councilmember Cafagna.
He heard the birds but they were not disturbing to him. He would support the
motion if Ms. Burrell would remove the macaws.
Councilmember Snesko and Councilmember Cafagna withdrew their motion and
second. Motion by Councilmember Cafagna to close the public hearing and
approve Minor Conditional Use Permit 93-04, with a review in six months,
requiring removal of the macaws, and requiring additional sound buffering to
be agreed upon with the neighbors. Motion carried 3-2 with Councilmember
Emery and Councilmember Callery voting "no." Staff will prepare a resolution
of approval for the November 30, 1993 meeting to confirm this action.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:40 p.m. and called it back to order
at 8:45 p.m. with all Councilmembers present except Councilmember Emery.
CITY MANAGER ITEMS
13.
City Manager Bowersox introduced Warren Shafer, newly-hired Director of
Redevelopment Services. He was formerly City Manager of Encinitas.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18A.
Mayor Higginson stated Mayor Bud Lewis of Carlsbad has scheduled an item
for the Interim Solid Waste Commission proposing that the cities that do
not commit their final fifty percent of flow not be required to pay a
50% surcharge on the tip fee, nor those who have not joined the
Commission. Council concurred to direct Councilmember Cafagna to
support Mayor Lewis on this issue at the next Commission meeting.
City Manager Bowersox stated another issue is levying host fees per ton
of trash dumped to be paid to the city that has the landfill, and
mitigation fees which can be applied for by demonstrating needed
mitigation for trash trucks being driven through the community. The
Management Committee recommends that the host fees levied by the
mitigation fee grants be deferred. Council concurred.
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18B.
16.
City Attorney Eckis stated he and Attorney Roger Kraul were "loaned" to
the Commission by their clients until such time as the Commission needed
their own counsel. He feels the Commission is at a point in time where
they need legal counsel that is unencumbered by another client's view.
The Management Committee is recommending that a Committee of one
manager, one attorney and one commission member choose the legal counsel
to be paid through an assessment on each member agency. Council
concurred.
Mayor Higginson requested the other issues, including permanent
governance, be discussed at the City Council's November 30, 1993
meeting.
Mayor Higginson reviewed a memo he sent to the City Council regarding
the Business Advisory, Transportation Advisory, Budget Review and Poway
Road Specific Plan Advisory Committees. The Hughes, Heiss study made
several recommendations and Council needs to take action.
The Business Advisory Committee has recommended that its functions be
turned over to the Chamber of Commerce.
The Transportation Advisory Committee formulated a plan when it was
formed and the last project is the Scripps Poway Parkway. It can be
disbanded and only meet on an ad hoc basis when necessary to finalize
that project.
The Budget Review Committee should be returned to its original format
which was a new Committee appointed each spring just to review the draft
budget and then disband when the budget is adopted. A revised charter
needs to be adopted.
The Poway Road Specific Plan Advisory Committee is too large with 15
members. If the Business Advisory and Transportation Advisory Commitees
are disbanded, the membership will drop to 11 since it has two members
from each of these Committees.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to
disband the Business Advisory and Transportation Advisory Committees, to
redraft the charter for the Budget Review Committee as recommended, and
to reduce the number of members on the Poway Road Specific Plan Advisory
Committee. Motion carried 4-0 with Councilmember Emery absent.
Council suggested that staff revise the committee selection process to
include interviews or some other means of determing an applicant's
interest and expertise and work to improve Council/Committee
communication.
Councilmember Callery announced she had attended the opening of a 2-1/2
mile trail in San Dieguito River Park that starts near Pomerado and
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19.
Highland Valley Road.
Councilmember Snesko played a portion of the tape recording of the
meeting of November 2, 1993, Item 20B to "clear his name." Other
Councilmembers had indicated at the November 9, 1993 meeting that he had
made certain statements regarding what he had been told by the Sheriff.
ITEM 3 (1503-02)
FLOAT, INC. PRESENTATION RE FLOATPORT
Joseph Leary, President of Float, Inc. made a presentation regarding the
proposed San Diego Floatport, a floating air/sea port for San Diego. He
explained some of the technology that makes this feasible. They are
requesting SANDAG to do a feasibility study and are seeking support from the
cities. The City of Vista voted to support and Poway is the second city to
receive their presentation.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to request
SANDAG to look at the proposal. Motion carried 4-0 with Councilmember Emery
absent.
AD~OURNHENT
Upon motion by Councilmember Snesko, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to Thursday, November 18, 1993, 4:30
P.M. in the City Council Chambers, 13325 Civic Center Drive, Poway,
California. The time of adjournment was 9:50 p.m.
Wahlsten, City Clerk
ay
5055
NO TICE
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 16, 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Snesko,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
THRUSDAY, NOVEHBER 18, 1993, 4:30 P.H.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 9:50 p.m.
Marjorife )(. Wahlsten, City Clerk
City ot~yOway, California
November 17, 1993
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on November 17, 1993
Marjodie\K. Wahlsten, City Clerk
City 6~oway, California