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CC 1994 03-15 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 15, 1994 The March 15, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:10 p.m., by Mayor Higginson at the Community Center, 13094 Bowron Road, 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 Shafer Jim Marmack Marie Lofton 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 Sheriff's Captain Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Emery 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 Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: Approval of Minutes - City Council February 8, 1994, Regular Meeting February 15, 1994, Regular Meeting 10. Ratification of Warrant Register - February 24, 1994 (401-10) 11. Award of bid for Budwin Lane paving to Superior Ready Mix Concrete in the amount of $135,660.65. (1243) (602-01, #1019) 5155 Page 2 - CITY OF POWAY - March 15, 1994 12. Appropriation of $6,000 as City's proportionate share of State Grant funding for the Used Oil Recycling Program. (401-30) 13. Approval of new and revised position classification specifications for Principal Planner, Personnel Clerk, Secretary I, I, and III, Management Aide and Receptionist. (503-03) 13.1 Adoption of Resolution No. P-94-15, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 94-14," for a bicycle race to be held in the South Poway Business Park on March 19, 1994, Karl Appuhn, applicant. (203-07) Motion carried unanimously. ITEM 4 (701-04) ORDINANCE RE HORSE BOARDING Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. In September, 1993, the City Council appointed an ad hoc committee to study issues surrounding the keeping of horses, particularly horse boarding facilities, and to make recommendations to the Council concerning appropriate amendment to the Municipal Code. The initial report was presented on January 25, 1994. After taking public input, the City Council referred the matter back to the Committee with the request to consider certain changes including: reducing the density of large animals allowed; including consideration of the slope of property in determining the allowable number of animals; requiring a minor conditional use permit or conditional use permit based on the number of horses to be kept regardless of whether they are for private or commercial use; requiring a minimum 10 acre site for a large commercial stable, but allowing existing facilities to apply regardless of size if they do so within 60 days of ordinance adoption; allowing keeping of animals in side yard setbacks. The Committee is recommending a limit of 10 horses per acre on lots one acre or larger in size; 10-19 horses would require a minor conditional use permit; 20 or more would require a conditional use permit; land with slopes in excess of 45%, floodways and open space and rights of way easements are excluded from the lot area in determining the number of animals allowed; and development standards and maintenance standards are established for stables. Only horses one year or older would be included in the count of horses on the property. Speakers on this item included: DeAnne Erickson, 15051Vali Hai Road, a member of the Committee, suggested enforcement of the County's horse license provisions when a MCUP and CUP are required, and the establishment of an Animal Advisory Committee. Adrienne Regard, 14908 Espola Road, Poway Pony Club, stated the recommendation is reasonable. 5156 Page 3 - CITY OF POWAY - March 15, 1994 Allison Farrin, 15134 Oak Canyon Road, stated the recommendation is fair. Michael Rothbart, 14441 Range Park Road. stated the recommendation is reasonable. Bill Steiner, Steiner's Arabians, 13980 Millard's Ranch Lane, stated a CUP should not be required for a private owner. Mary Ann Altaffer, 14544 Millard's Road Linda Harkleroad, Starlight Stables, 12920 Metate Lane. She asked if her stable is "grandfathered"; asked why barbed wire fencing is prohibited, and stated it is impossible to keep a stable "free from obnoxious odors." Robert Coates, 10444 Rue Du Nuage, San Diego Kathy Ries, 13530 Old Winery Road William Culviner, 13036 Avenida la Valencia Juil White, 13756 Sycamore Tree Lane Judy Hayball, 3618 Mississippi St., San Diego Robert Kelly, 17530 Montero Road, San Diego David Griffin, 12655 Gate Drive, suggested a limit of 6 horses per acre in a residential area. Ken Faucher, 13810 Northcrest Lane, suggested a lower density than what is recommended. A1 Pappas, 13316 Avenida la Valencia, President of the Silver Saddle Association, suggested a limit of 4 horses per usable acre. Ann Shockley, 13550 Willow Run Road Faith Mohling, 12685 Gate Drive John Greenwood, Jeremy's Ranch, 14545 Cedar Ridge Road, suggested private ranchers should not be required to have a CUP. Ernie Stevenson, 14525 Millard's Road Glenn Ziegler, 13010 Edina Way Peggy Collette, 13969 Bernadotte Lane, suggested horse regulations be posted in tack and feed stores in Poway. Constance Griffin, 12655 Gate Drive Kay Minnoch, 4051Citradora, Spring Valley Don Mechling, 13863 Millard's Ranch Lane Mark Gordon, 17206 Pinot Place, President of the Green Valley Civic Association. Jim Seifert, 16344 Martincoit Road, Community Protection Chairman of the GVCA, stated they had polled their members and support a limit of 6 horses per acre. Bruce Tarzy, 15912 Ranch Hollow Road, suggested a 10 acre minimum for new commercial stables and grandfather existing operations. Colin Martin, 16427 Orchard Bend Road Anne Martin, 16427 Orchard Bend Road Anne Laux, 12710 Roca Grande Drive Evy Silk, 13854 Northcrest Lane Christine Johnson, 17495 Hada Drive David Corbin, 13863 Putney Road 5157 Page 4 - CITY OF POWAY - March 15, 1994 RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:00 p.m. and called it back to order at 9:20 p.m. with all Councilmembers present. He thanked the Committee, including Councilmember Cafagna who served as Chairman, for their work. Council discussed making today's private owners legal non-conforming uses and Director of Planning Services Wright-Quastler stated that it is administratively difficult to deal with legal non-conforming uses. Council asked for clarification about permitting uses that are in conflict with CC&Rs. City Attorney Eckis stated that the City Council can use the existence of CC&Rs in their deliberations, but he would not recommend it be a part of the ordinance revisions. Council discussed how many horses should be permitted per acre, eliminating the prohibition on barbed wire, whether screening should always be required, and the need to better define "obnoxious odors." Motion by Councilmember Snesko, seconded by Councilmember Callery to continue this item to April 5, 1994 and direct staff to revise to 6 per acre, with 10-20 horses requiring a minor conditional use permit, over 20 requiring a conditional use permit, a ten acre minimum for any new stables, delete prohibition against barbed wire, and better wording for maintenance standards. Motion carried unanimously. ITEM 5 (701-04, #427) SIGN ORDINANCE SPECIAL EVENT PROVISION Staff report by City Manager Bowersox. On February 15, 1994, Kyle Everson requested a two year moratorium on the enforcement of the special event provisions of the sign ordinance. Because the ordinance was recently amended after considerable review and public input it is not recommended that such a moratorium be considered. Ann Calvert, 15245 Ridgeview Place, Chamber Business and Commerce Committee, requested a six months moratorium to give the Chamber a chance to look at other cities' ordinances, hold a workshop with the Chamber members and report back to the City Council. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to suspend enforcement of the ordinance for six months. Bruce Tarzy, 15912 Ranch Hollow Road, member of the City Council when the original sign ordinance was adopted in 1983, reminded the City Council of what Poway Road looked like when we incorporated and how much better it looks today and cautioned against lack of enforcement. Mary Wagner, 14974 Amso Street, owner of Battery Connection, stated she needs to use banner signs for her business to survive. 5158 Page 5 - CITY OF POWAY - March 15, 1994 Following discussion, Councilmember Cafagna withdrew his second. Motion by Mayor Higginson, seconded by Councilmember Callery to give the businesses from April 1 to December 31, 1994 to do one year's worth of special event advertising. During that time the Chamber of Commerce can formulate their proposals. Motion carried unanimously. ITEM 6 (1401-14) BICYCLE ACCESS THROUGH BLUE SKY City Manager Bowersox stated the issue of bicycle access through Blue Sky Ecological Preserve should be continued for one week since the bicycle enthusiasts were told this would be a very late meeting and the item would be continued. Mayor Higginson noted there were several people present wishing to speak to this item and they would be given that opportunity. Speaking against bicycle access: Patti Hayden, 13226 Fred Road, volunteer docent at Blue Sky Jim Flake, 13605 E1 Mar Avenue, volunteer docent at Blue Sky Bob Turner, 12645 Calma Court, San Diego Louise Fiorillo, Interpretive Supervisor for the California Fish & Game, Southern California Region. Ethan Rotman, P.O. Box 724, on-site naturalist for Fish & Game Pat Dahl, 13378 Burning Hills Councilmembers Snesko, Emery and Cafagna agreed they could not see what damage the bicycles would do to the preserve if they stayed on the Green Valley Truck Trail. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue discussion of this item to March 22, 1994. Motion carried unanimously. City Manager Bowersox stated staff will continue to press the City's position with Fish & Game. ITEM 7 (1160-04) VALLE VERDE ROAD TRAFFIC CONDITIONS Staff report by City Manager Bowersox. At the January 4, 1994 City Council meeting, the Traffic Safety Committee was requested to review traffic conditions on Valle Verde Road from Decant Drive to Espola Road. On February 8, 1994 the TSC reviewed a staff report summarizing conditions and found no unusual or hazardous conditions. They recommend that no additional action be taken regarding Valle Verde Road at this time. 5159 Page 6 - CITY OF POWAY - March 15, 1994 Council concurred to take no action. MAYOR AND CITY COUNCIL-INITIATED ITEMS 18A. Councilmember Emery requested that his item regarding amending procedural rules be continued to March 22, 1994 due to the lateness of the hour. (701-1]) 20A. Mayor Higginson suggested that staff be authorized to look at putting the Sheriff's Substation on the library site. Council concurred that staff could look at this although there was some concern over the mix of the two uses. (]504-10) ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, March 17, 1994 in the City Council Chambers, 13325 Civic Center Drive. The time of adjournment was 11:50 p.m. Marjorie K~ Wahlsten, City Clerk City of Po~o~aY 5160 NO TICE NOTICE IS HEREBY GIVEN THAT THE MARCH 15 1994, 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 Emery, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, Narch 17, 1994 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:50 p.m. Marjo~ie\K. Wahlsten, City Clerk City o~x~oway, California March 16, 1994 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 March 16, 1994 Marjorile )~. Wahlsten, City Clerk City o Pf~.~way, California