CC 1994 04-05 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
APRIL 5, 1994
The April 5, 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 HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Jim Marmack
Patrick Foley
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Principal Management Analyst
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:
John Kane, 14637 Twin Peaks Road, expressed concerns regarding a home
being built above him. Staff will contact him to discuss these concerns.
EMPLOYEE SERVICE AWARD
Mayor Higginson presented a ten year service award to City Attorney Steve Eckis
and commended him for his service to the City.
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CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
March 1, 1994, Regular Meeting
12. Ratification of Warrant Registers - March 10, 11, 17, 1994 (401-10)
13. Denial of claim for damages - Spooner Building Products
(704-13)
14.
Approving the appointment of Ray Eaton as Chairperson of the Performing
Arts Advisory Committee. (701-09)
15.
Approving a one-year contract extension with Pac West Land Care, Inc., for
landscape maintenance services in Landscape Maintenance District 86-2A
(Sunrise Ranch and Silver Ridge). (602-01 #917)
16.
Adoption of Resolution No. P-94-17, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Development
Review 93-67 Hillside/Ridgeline, Assessor's Parcel Number 317-241-49,"
Oscar and Rosa Medina applicants: a request to construct a 3,500 square
foot, two-story home with a maximum height of 25 feet; located at 12219
Old Stone Road. (203-10)
17.
Adoption of Resolution No. P-94-18, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
94-09," Kiwanis of Poway, applicant: a request for approval of a bicycle
fun ride in association with both Earth Day and Poway Trails Day which
will begin and end at Lake Poway on April 9, 1994. (203-07)
18.
Adoption of Resolution No. 94-024, entitled, "A Resolution of the City
Council of the City of Poway Determining that the Purchase of Riparian
Habitat Along Beeler Creek for Mitigation Purposes is of Benefit to the
Paguay Redevelopment Project," for purchase of riparian habitat along
Beeler Creek as authorized on January 4, 1994, Item 23. (1002-01)
19.
Approval of the following
1695 which would provide a
for any property purchased
which would provide that a
income housing funds to
positions on pending legislation: oppose SB
state or local sales tax exemption for one year
by a new business in the state; support AB 3561
redevelopment agency may use low and moderate
develop transitional housing or shelter for
battered women outside the territorial jurisdiction of the agency; oppose
AB 3156 which requires the County Board of Supervisors to be the sole
public entity to authorize the operation of emergency ambulance services
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in the county; oppose AB 3721 which also seeks to remove local agency control of
emergency medical services; support AB 61 which authorizes issuance of bonds for
library construction; support SB 174 which provides for the issuance of bonds for
library construction; oppose AB 3505 which provides for reallocation of sales tax
revenue; support AB 2972 which proposes a variety of changes in civil liability
law for public entities; oppose HR 3636 which opens the way for telephone
companies to provide video services; and support HR 3392 which improves the Safe
Drinking Water Act.
Motion carried unanimously.
ITEM 9 (1180-05)
GRADUATION NIGHT DONATION
Mayor Higginson stated this item would be taken out of order.
Staff report by City Manager Bowersox. The City budgeted $3,000 to support the
Poway High School Graduation Night Celebration. Representatives were present to
receive the donation.
Peggy Buskuhl, 13385 Mira Loma Court, thanked the Council for their
donation.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve a
$3,000 donation to the Poway High School Graduation Night Celebration. Motion
carried unanimously.
ITEM 4 (701-04)
REGULATIONS FOR KEEPING HORSES
AND OTHER LARGE ANIMALS
Mayor Higginson read the title of Ordinance No. 432, "An Ordinance of the City
of Poway, California Amending Title 17 of the Poway Municipal Code Regarding the
Keeping of Large Animals, Including Regulations Concerning Limitations on the
Number of Animals that Can Be Kept (ZOA 94-01.)"
Staff report by Director of Planning Services Quastler. This item was continued
from March 15, 1994 and staff has incorporated changes made by the City Council
at that meeting including a density of 6 large animals per acre rather than 10,
with higher densities only by Conditional Use Permit; keeping of 20 or more
horses only on parcels of 10 acres or more; existing facilities may apply for a
CUP to allow more than 20 horses on parcels less than 10 acres providing
application is made within 60 days of the Ordinance effective date; removal of
reference to barbed wire fencing; and modifying language regarding landscaping
to "may be required as appropriate."
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Speaking in opposition to the Ordinance as proposed:
Allan Preckel, 11198 Amalia Court, San Diego
Ann Laux, 12710 Roca Grande Drive
Mary Shepardson, 13815 Johannesberg Drive
Colin Martin, 16427 Orchard Bend
Carolyn Rocha, 14033 Eastern Street
Canon Purdy, 14908 Espola Road
Donald Guiney, 13876 Putney Road
Norm Switzer, 15415 San Moritz
Jake Chamber, 13109 Golden Way
Jessica Walls, 13731Putney Road
Kimberly Kelly, 750-97 Breeze Hill, Vista
Robert Coates, 10444 Rue Du Nuage, San Diego
Mary Hallam, 14508 Kennebunk
Alison Farrin, 15134 Oak Canyon Road
Ed Muscat, 12865 Luiseno Drive
Erin Hill, 14129 Durhullen Drive
Lisa Worley, 1664 S. Escondido Blvd., Escondido
Niccolai Murphy, 13935 Bernadotte Lane
Marilyn Gillispie, 14875 Mina de Oro
Laurel Rothbart, 14441 Range Park Road
Michael Rothbart, 14441 Range Park Road
Adrienne Regard, 14908 Espola Road
Speakers expressed opposition to the six horses per acre minimum; the 10 acre
minimum for 20 horses or more; eliminating property with slope over 45 percent
from acreage calculation; stated the main problem is with horse maintenance and
management, not horse density; and reiterated the benefits of being involved with
horses for young people.
Speaking in favor of regulations:
Bea Reuel, 13710 Paseo Bonita
Constance Griffin, 12655 Gate Drive
David Griffin, 12655 Gate Drive
Peggy Colette, 13969 Bernadotte Lane
Faith Mohling, 12685 Gate Drive
Speakers stated they are in favor of horses, but believe there needs to be
enforceable regulations in place to protect residents from impacts of
inconsiderate neighbors.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:50 p.m. and called it back to order at
9:05 p.m. with all Councilmembers present.
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Councilmember Snesko made a motion to create a Horse Committee with these
regulations adopted as a guideline for them to work with property owners. There
was no second.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Cafagna to waive further reading, set second reading for April 19, 1994 and
direct staff to make revision as follows: change 6 to 10 per acre; delete
minimum 10 acres for 20 or more large animals; delete reference to 45 percent
slope. Motion carried unanimously.
Councilmember Callery asked if this Ordinance will help the residents of Gate
Drive. City Attorney Eckis stated Mr. Yeager must apply for a Conditional Use
Permit and the Council can approve whatever they determine is appropriate for the
site.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:55 p.m. and called it back to order at
10:05 p.m. with all Councilmembers present.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 94-01
DEVELOPMENT REVIEW 94-01
APPLICANT: CRAIG RICHIE
Mayor Hig§inson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a car wash/lube and tune complex on
Pad H of Twin Peaks Plaza located adjacent to Ted Williams Parkway. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-94-18, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 94-01 and Development Review 94-01,
Assessor's Parcel Number 314-710-33." Motion carried unanimously.
ITEM 6 (203-01)
TENTATIVE TRACT MAP 94-01
VARIANCE 94-01
DEVELOPMENT REVIEW 94-02
APPLICANT: MERRICK DEVELOPMENT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 0.87 acre property into six lots
and to construct a single family residence on each lot. This project requires
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variances to lot depth, private street width and design standards, rear yard
setbacks and requirement to provide a mix of single and two story dwellings. It
is being developed under the recently revised development standards for the RS-7
zone. Staff recommends approval.
Speaking in opposition to staff recommendation:
Bill Rickles, 13725 Utopia Road
David Butler, 12729 La Vista
Ann Laux, 12710 Roca Grande Drive
Speakers expressed concern over the density of the project resulting in excessive
lot coverage and looking out of place in the neighborhood.
Council asked about floor area ratios, design improvements, affordability
covenant for the project. It is anticipated these units will meet the
affordability for moderate income but there is nothing to require it. Council
concurred to not add that at this point, but requested staff prepare a policy for
future RS-7 projects.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, issue a Negative Declaration, adopt Planning Resolution No. P-94-
19, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Tentative Tract Map 94-01, Variance 94-01, and Development Review 94-
02, Assessor's Parcel Number 317-500-87," with an amendment to require the
developer to bring back colors and elevations for Council approval. Motion
carried 4-1 with Councilmember Callery voting "no." Staff was also directed to
prepare a floor area ratio policy and affordability policy.
ITEM 7 (40i-i7)
ABATEMENT ADMINISTRATIVE FEE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The current administrative fee for abandoned vehicle abatement,
nuisance abatement and weed abatement is $20.00. Staff recommends an increase
to $60.00.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 94-025, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing an Administrative Fee
for Abandoned Vehicle Abatement, Nuisance Abatement and Weed Abatement." Motion
carried unanimously.
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ITEM 8 (401-22)
LIBRARY ENDOWMENT FUND
Staff report by City Manager Bowersox. On March 1, 1994, the City Council
referred the proposed Library Endowment Fund Policy to the Library Advisory
Committee. They have reviewed and recommend approval.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the
Library Endowment Fund policy and direct staff to implement effective April 5,
1994. Motion carried unanimously.
CITY ATTORNEY ITEMS
21.
City Attorney Eckis requested the City Council hold closed sessions, as
follows:
Conference with Legal Counsel - Existing Litigation - §54956.9(a)
Case: Sycamore Canyon Association v. City of Poway, Superior Court
No. 674656
Conference with Real Property Negotiator (§54956.8)
Property: Brookview, west side of Pomerado Road, north of Poway Road
APN: 317-521-01 and 02
Negotiating Parties: Poway Redevelopment Agency (Buyer)
Four Season Finance, Chuck Salas (Owner)
Under Negotiation: Price and terms of purchase
Co
Conference with Real Property Negotiator (§54956.8)
Property: Northwest corner of Bowron Road and Civic Center Dr.
APN: 317-473-18
Negotiating Parties: Poway Redevelopment Agency (Buyer)
Dick Huber, Virgil Opfer (Owner)
Under Negotiation: Price and terms of purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24.
Councilmember Emery presented information regarding AB 1333 which would
prohibit the resale of confiscated firearms and requested the Council
support the legislation. Motion by Councilmember Emery, seconded by
Councilmember Callery to take a position of support for AB 1333. Motion
carried 4-1 with Councilmember Snesko voting "no."
25.
Councilmember Snesko stated the Lions Club will be holding a pancake
breakfast at the Community Center with proceeds to go to the swim clubs.
Under our current fee schedule they are being charged over $100 to use the
facility. He made a motion that they only be charged the cost of
utilities, staff overtime, and other direct costs. Motion seconded by
Councilmember Cafagna and carried unanimously.
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26.
Mayor Higginson stated we have received a request from the California
Cremation and California Burial Chapel for a pre-development conference
for a crematory in the South Poway Business Park. This is not currently
an allowable use in that location. Council requested that this be
deferred until after we have received the Kosmont absorption study.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session as requested by the
City Attorney at 10:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:35 p.m. with all
Councilmembers present and adjourned the meeting on motion by Councilmember
Callery, seconded by Councilmember Emery.
Marjor~e~<. Wahlsten, City Clerk
City o~way
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