CC 1994 01-25 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 25, 1994
The January 25, 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
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Bob Krans
Steve Streeter
Jim Marmack
David Narevsky
Pamela Colby
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
Battalion Chief
Assistant Director of Planning Services
Sheriff's Captain
Redevelopment Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop 1800 led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Snesko to approve the
Consent Calendar as follows:
11.
Approval of Minutes - City Council:
December 14, 1993 Regular Meeting
December 16, 1993 Special Meeting
December 16, 1993 Adjourned Regular Meeting
13. Ratification of Warrant Register - January 6, 1994.
(401-10)
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14. Denial of Claim for Damages: Kerrie Gunier.
(704-13)
15. Approval of City's Investment Report as of December 31, 1993. (408-01)
16.
Acceptance of 1993-94 City-wide Striping from Traffic Operations, Inc.
(403-354) (602-01, #991)
17.
Approval of agreement with Municipal Alarm Tracking for processing and
collection services for alarm systems, permits and false alarm penalty
fees. (602-01, #1007)
18.
Approval of loan of $1,267,398 from the City to Community Facilities
District 88-1 for payment of debt service due on February 8, 1994.
(706-02)
19.
Approval of the following positions on pending legislation: support SB
1243 which would authorize a local agency to exempt certain public works
projects from prevailing wage rate requirements; oppose AB 9162, which
could require abandonment of benefit assessments under certain conditions;
oppose AB 2328, AB 2329, AB 2330 which would strengthen the ability of
developer privilege to a right; support AB 688 which would authorize the
Waste Management Board to implement a "conditional approval" process for
AB 939 planning documents; and support the 1994 Parks and Wildlife
Initiative. (701-11)
Motion carried unanimously.
ITEM 4 (203-04)
VARIANCE 93-22
APPLICANT: RIC AND BARBARA DUDECK
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to permit a recently constructed room addition to
encroach 6.4 feet into the required 20 foot side yard setback at 12859 Luiseno
Drive. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-06, entitled, "A Resolution
of the City of Poway, California, Approving Variance 93-22, Assessor's Parcel
Number 275-400-03." Motion carried unanimously.
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ITEM 5 (203-04)
VARIANCE 93-23
APPLICANT: KENT DEINES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to permit the construction of a 728 square foot
guest/pool house to encroach 13 feet into the required 40 foot front yard setback
at 13992 Dodder Court. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-07, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Variance 93-23,
Assessor's Parcel Number 278-442-20." Motion carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 430/FIRST READING
ALARM SYSTEMS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
430, "An Ordinance of the City of Poway, State of California, Deleting Sections
9.44.010 Through 9.44.170 Of the Poway Municipal Code Relating to Alarm Systems
and Adding Sections 9.44.010 Through 9.44.190."
Staff report by City Manager Bowersox. This ordinance amends the regulations for
installation, maintenance and testing of all alarm systems including burglary,
fire and medical. It removes the existing permit renewal requirement.
Additionally, staff is recommending adoption of a one-time $40 permit fee and
penalties for false alarms.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further
reading and set second reading for February 8, 1994 and adopt Resolution No. 94-
008, entitled, "A Resolution of the City Council of the City of Poway, California
Revising Permit Fees and a Schedule of Penalty Fees for Alarm Systems." Motion
carried unanimously.
ITEM 7 (602-01, #206R)
LEASE OF FORMER LONGS DRUG STORE
TO BONEY'S SERVICES, LTD.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This agreement is for a 15 year lease with two 5 year options of the
former Longs Drug Store, 13536 Poway Road, with Boney's Services, Ltd. for a
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Boney's Market. Lease payments are $14,446 per month. Staff recommends approval
contingent on the City Attorney's approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to approve the
proposed lease contingent on the City Attorney's approval. Motion carried
unanimously.
ITEM 8 (203-08)
COUNTY MAJOR USE PERMIT P74-146M
APPLICANT: ST. GABRIEL'S PRESCHOOL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to modify a Conditional Use Permit to include an 825
square foot preschool at 13734 Twin Peaks Road. Staff recommends approval.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-08, entitled, "A Resolution
of the City Council of the City of Poway, California Approving County Use Permit
P74-146M, Assessor's Parcel Number 317-651-10." Motion carried unanimously.
ITEM 9 (208-03)
HABITAT FOR HUMANITY PROPOSAL
Staff report by City Manager Bowersox. Habitat for Humanity has approached the
City seeking a site for a four-unit, single family, for-sale project. Staff has
suggested the .82 acres of RS-7 zoned land the City owns at the end of Silverlake
Drive, adjacent to "The Rockpile." Staff requests authorization to order
archaeological and soils reports costing approximately $8,000 for the subject
site and, if feasible, work with Habitat to bring a formal development proposal
for future consideration.
Councilmember Snesko stated he agrees with Habitat's program but is opposed to
this site. He made a motion to continue this item to February 8, 1994 in order
to look at other sites. There was no second.
Ann Laux, 12710 Roca Grande Drive stated she lives next to the rockpile and wants
this site left as open space. This type of housing would deteriorate the area.
In response to Council query, staff stated that these studies would be necessary
even if a park were proposed for the site.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve staff
recommendation. Motion carried 4-1 with Councilmember Snesko voting "no."
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ITEM lO (701-04)
HORSE ISSUES COMMITTEE REPORT
Item introduced by City Manger Bowersox. Staff report by Director of Planning
Services Wright-Quastler. Since the Committee was appointed in September, 1993,
they have met six times and taken extensive public input regarding commercial
horse boarding facilities. They have prepared suggested revisions to the Poway
Municipal Code regarding the keeping of horses for commercial purposes. The
proposed amendments would allow the keeping of fewer than six horses "by right."
A commercial operation for six to twenty-five horses would require a Minor
Conditional Use Permit. A commercial operation for more than twenty-five horses
would require a full Conditional Use Permit. For both private and commercial
stables, a limit of sixteen horses per acre for lots over one acre in size would
be established. There is currently no limit on the number that can be kept. The
draft also retains a prohibition against keeping animals in side yards. Council
may wish to amend this section.
Councilmember Cafagna, who served as Chairman of the Committee, stated the City
Council had received a letter from Robert Coates alleging a violation of the
Brown Act since the Committee stated at an early meeting that they were only
charged to look at commercial stables, not private ones. The report presented
proposes a limit on the number of horses per acre kept commercially and
privately. He requested any person speaking at this meeting state if they felt
shut out of the process because of this statement and the Committee will convene
again.
Speaking in opposition to staff recommendation:
Betty Rexford, 11570 Creek Road
Ken Faucher, 13810 Northcrest Lane
Faith Mohling, 12685 Gate Drive
Bea Reuel, 13710 Paseo Bonita
Connie Griffin, 12655 Gate Drive, member of the Committee
Tom McKinney, 13760 Calle Seco
James Stevenson, 14525 Millard's Road
Don Mechling, 13863 Millard's Ranch Lane
Mark Gordon, 17260 Pinot Place
Kathy Ries, 13530 Old Winery Road
Jerry Hargarten, 13622 Orchard Gate
A1 Pappas, 13316 Avenida la Valencia
Bruce Tarzy, 15912 Ranch Hollow Road, President, Green Valley Civic
Association
Speakers stated sixteen horses per acre is too many; suggested some slope
criteria be applied; suggested the same limits be placed on commercial and
private stables in terms of requiring a permit so that focus is on the number of
horses, not on "remuneration"; suggested a minimum of ten acres be required for
any application for a full Conditional Use Permit from a stable not presently in
existence.
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RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:20 p.m. and called it back to order at
8:30 p.m. with all Councilmembers present.
Juil White, 13756 Sycamore Trail Lane, turned in a speaker's slip during
the recess. He stated the people in favor of horses need a chance to be heard
and stated stables are good for Poway's economy.
Mayor Higginson suggested the Horse Issues Committee meet again to review the
issues brought up by the public, particularly the number sixteen and whether the
need for a permit should be triggered by the number of horses solely.
Councilmember Callery asked whether the city should grant a permit to a stable
if it is not in compliance with the CC&Rs. She suggested that 1-6 horses be "by
right", 6-20 require a Minor Conditional Use Permit and over 20 require a full
Conditional Use Permit.
Councilmember Emery agreed that 16 per acre is too many and stated topography of
the property should be a consideration.
City Attorney Eckis stated he will write to Mr. Coates regarding his Brown Act
violation allegations and inform him that the Horse Issues Committee will meet
again.
Committee members present concurred with a suggested meeting date of February 9,
1994, at 7 P.M.
Motion by Councilmember Emery, seconded by Councilmember Callery to remove
consideration of the ordinance amendments from the February 8, 1994 agenda and
refer this matter back to the Ad Hoc Horse Issues Committee. Motion carried
unanimously.
ITEM 10.1 (602-01, #1006)
BLUE SKY ECOLOGICAL RESERVE
INTERPRETER POSITION
Staff report by City Manager Bowersox. In response to the Council's concerns
expressed at the January 11, 1994 meeting, the Department of Fish and Game has
confirmed their 70 percent commitment of time to Blue Sky and staff recommends
we fund one-half of the position in order to retain that 70 percent commitment.
Councilmember Callery stated the Friends of Blue Sky Board will meet on January
26 and made a motion that this item be continued to February 1, 1994.
Councilmember Snesko suggested the City look at taking the property over and
maintaining it. We have resources with volunteer groups. He made a motion to
ask the State Fish & Game to consider giving us Blue Sky Ecological Preserve.
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Mayor Higginson pointed out there was another motion on the floor.
Mayor Higginson seconded the motion to continue this item to February 1, 1994 and
added a request for staff to report back regarding City versus State ownership
of this property, including the amount of money spent by the State on
maintenance. Councilmember Callery agreed with the amendment and the motion
carried unanimously.
ITEM 10.2 (702-00)
1994 ELECTION COST AND DEADLINES
Staff report by City Manager Bowersox. At the January 18, 1994 City Council
meeting, staff was directed to report back on the cost of placing a measure on
the June 7 or November 8, 1994 ballots, along with the deadlines. According to
the Registrar of Voters' staff, the cost of a measure in June would be
approximately $.20 per registered voter and in November it would be $.10 per
registered voter. With 27,000 registered voters, that means a cost of $5,400 in
June or $2,700 in November. Deadlines are March 11 and August 12.
Council concurred to receive and file this report.
CITY ATTORNEY ITEMS
Ao
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.8 to instruct the City Manager who is negotiating on behalf of the
City/Agency with Bob Dmytryk, for the purchase of Brookview Village
Project, and with George Codling for available pads in Creekside Plaza.
Bo
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, SDG&E v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A.
Councilmember Callery suggested our Graffiti Ordinance needs to be amended
to require aerosol cans and marking pens be locked up. She also asked if
there can be stiffer penalties levied for glass etching since the damage
is more costly and time-consuming to repair. She had some sample
Ordinances from other cities that she referred to the City Attorney.
Councilmember Snesko stated he has an item under his item next week to
discuss promoting the reward for arrest and conviction of persons doing
graffiti. He suggested signs be put on the high school campus informing
students about the reward. Mayor Higginson suggested this be placed on
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23B.
23C.
23D.
26A &
the next agenda of the PUSD/City Joint Committee.
Councilmember Callery stated the school district has a program in place
for elementary and middle school students regarding personal safety
training. She suggested such a program would be beneficial for high
school students and adults.
Councilmember Callery stated there is a joint school district/City after
school program starting at Meadowbrook Middle School for at risk youths
and a staff report will be presented on February 8, 1994 to propose the
City provide the initial funding.
Councilmember Callery stated that the recent Los Angeles earthquake has
shown the need for earthquake preparedness information and suggested the
City sell emergency supply kits. Other Councilmember suggestions included
a Poway Today article and Federal Emergency Management (FEMA) training for
Councilmembers.
B. Councilmember Snesko requested these items be continued to February
1, 1994.
26C.
Councilmember Snesko suggested a good site for a skateboard park would be
in the Community Park west of the softball field. It could be built with
private funds. The Cities of E1Cajon and Temecula are currently building
skate board parks. Staff will report back.
CLOSED SESSION
Mayor Higginson called for a closed session at 9:40 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 10:45 p.m. and announced that
Councilmembers Callery and Emery had left during the closed session. He stated
they had instructed the City Attorney and City Manager during closed session and
adjourned the meeting at 10:46 p.m. on motion by Councilmember Cafagna, seconded
by Councilmember Snesko.
Marjo~ie~,K. Wahlsten, City Clerk
City ~_~o~way
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