CC 1994 04-12 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 12, 1994
The April 12, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:04 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 Shafer
Mark Sanchez
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
Director of Safety Services
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:
Marianne Reynolds, 13692 Quiet Hills Drive, expressed concern regarding
the Scripps Poway Parkway East Extension and its intersection with
Sycamore Canyon Road because of the traffic it could generate in front of
Garden Road School.
Antonette Auburn, 12302 Old Stone Road, presented information to the City
Council regarding the recent 36" gas pipeline explosion in New Jersey.
Peggy Collette, 13969 Bernadotte Lane, expressed concern regarding the
provisions of the proposed "horse ordinance" and stated it lacks
protection for the non-horse owning community.
Connie Griffin, 12655 Gate Drive, also spoke regarding what horse owners
will be allowed to do under the horse ordinance provisions and the
possible impacts on neighbors.
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CONSENT CALENDAR
City Clerk Wahlsten stated a correction is necessary to the minutes of March 15,
1994, Item 5. The first motion was seconded by Councilmember Cafagna, not
Councilmember Callery.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows, with the noted correction to March 15, 1994 minutes:
15.
Approval of Minutes - City Council
March 8, 1994, Regular Meeting
March 15, 1994, Regular Meeting
March 17, 1994, Adjourned Regular Meeting
17. Ratification of Warrant Register - March 24, 1994
(4o1-1o)
18.
Approval of acquisition agreement for an easement to relocate a portion of
the Lomas Verdes riding and hiking trail west of 12910, 12912, 12930 and
12948 Lomas Verdes Drive. APN: 273-750-02-00. (1001-02)
19.
Adoption of Resolution No. P-94-20, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
94-12," Children's Asthma League, applicant, for the annual "Bike for
Breath" bicycle ride which will pass through Poway on Scripps Poway
Parkway, Pomerado Road, Poway Road and Espola Road, on Sunday, June 5,
1994. (203-07)
20.
Adoption of Resolution No. P-94-21, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
94-07:, San Diego Bicycle Club, applicant, for a United States Cycling
Federation sanctioned bicycle race to be held in the South Poway Business
Park on Saturday, April 23, 1994. (203-07)
21.
Award of bid for the 1994-1995 City Weed Abatement Program to Eaton Field
Maintenance in the amount of $25,907.56. (602-01 #583)
22.
Approval of Resolution No. 94-026, entitled, "A Resolution of the City
Council of the City of Poway Annexing Territory to the Sewer Improvement
District of the City of Poway, Sidney and Mary Valentine Annexation," (APN
275-332-31, 13524 Sagewood Drive); Resolution No. 94-027, entitled, "A
Resolution of the City Council of the City of Poway Annexing Territory to
the Sewer Improvement District of the City of Poway, Steven Anderson
Annexation" (APN 275-332-31, 16326 Orchard Bend Road); Resolution No. 94-
028, entitled, "A Resolution of the City Council of the City of Poway
Annexing Territory - Anton Simson Annexation," (APN 323-290-11, 12, 13,
13227 Aubrey Street); Resolution No. 94-029 entitled, "A Resolution of the
City Council of the City of Poway Annexing Territory to the Sewer
Improvement District of the City of Poway - Franz Verheijen Annexation,"
(APN 323-280-18, 12811Welton Lane); Resolution No. 94-030 entitled, "A
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Resolution of the City Council of the City of Poway Annexing Territory to
the Sewer Improvement District of the City of Poway - Dolores Mahoney
Annexation", (APN 275-331-13, 16732 Martincoit Road); and Resolution No.
94-038 entitled, "A Resolution of the City Council of the City of Poway
Annexing Territory to the Sewer Improvement District of the City of Poway
Fred Young Annexation", (APN 273-820-18, vacant lot on Edina Way).
(1170-11)
Motion carried unanimously.
ITEM 7 (1180-05)
DONATION/RANCHO BERNARDO HIGH SCHOOL
Mayor Higginson stated this item would be taken out of order.
Staff report by City Manager Bowersox.
Rancho Bernardo High School GRAD NITE.
the donation.
The City budgeted $500 to support the
A representative was present to receive
ZoAnn Turpen, 11109 Madrigal Street, San Diego, thanked the Council for
their donation.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve a
$500 donation to the Rancho Bernardo High School GRAD NITE. Motion carried
unanimously.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 94-01
APPLICANTS: MICHAEL AND MARY GORDON
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to legalize the installation of a children's play structure within
an open space easement at 12737 Boxwood Court. The structure does not require
a building permit. The MCUP is required because of the conditions in the open
space easement. Staff recommends approval.
Speaking in opposition to staff recommendation:
Jim Resney, 12738 Briarwood Place, objected to the placement of the
structure because of the visual impacts from his home. He presented a
large photograph of the structure in the trees. He also noted this
structure is in violation of their CC&Rs.
Dennis Gillespie, Gillespie Design group, 8910 University Center Lane, San
Diego
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Speaking in favor of staff recommendation:
Christy Georgeoes, 12734 Boxwood
Michael Gordon, 12737 Boxwood Court
Each Councilmember stated they had visited the site to view the structure and
concurred it is not objectionable. They suggested that additional trees on the
fence line between the Resneys and the Gordons would provide additional screening
of the play structure and commended the Gordons for replacing a brightly colored
canopy with a dark green one that blends into the trees. Councilmember Emery
requested staff establish a policy of not allowing open space easements to be
fenced into back yards. From appearance a homeowner would believe it is part of
the yard to be used as any other part. Mayor Higginson stated the findings in
the Resney's attorney's letter are positive findings and are applicable to this
case. He noted that the homeowners' association can enforce their CC&Rs.
(Councilmember Snesko left the room.)
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-22, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Minor Conditional
Use Permit 94-01, Assessor's Parcel Number 314-791-20," amended to add the
findings C through J in the attorney's letter and to require planting of
additional eucalyptus trees on the fence line between the Resneys and the
Gordons. Motion carried 4-0 with Councilmember Snesko out of the room.
ITEM 5 (701-04)
ORDINANCE NO. 433/FIRST READING
PAINTED WINDOW SIGNS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
433, "An Ordinance of the City of Poway, California, Amending Chapter 17.40 of
the Poway Municipal Code Comprehensive Sign Regulations Relating to Painted
Window Signs (ZOA 94-02)". Staff report by City Manager Bowersox. This
ordinance was prepared in response to Council direction at the January 18, 1994
meeting and amends the comprehensive sign ordinance to allow painted window signs
at any time; allows exposed neon tubing in signs in limited amounts as a design
element; and allows balloons on strings under three feet in length as part of
special event signs.
There was no one present wishing to speak.
Councilmember Callery stated she could not support this ordinance if it includes
the balloon provisions. Councilmember Emery agreed with her.
Motion by Councilmember Snesko, seconded by Mayor Higginson to waive further
reading. Motion carried unanimously.
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Motion by Councilmember Snesko, seconded by Mayor Hig§inson to continue the
public hearing to April 26, 1994 for second reading. Motion carried 3-2 with
Councilmembers Callery and Emery voting "no."
ITEM 6 (1503-02)
REGIONAL TRANSPORTATION IMPROVEMENT
PROGRAM AMENDMENTS ITRANSNET)
Mayor Hig§inson opened the public hearing. Staff report by City Manager
Bowersox. The 1995-2001 Regional Transportation Improvement Program is a seven-
year program of proposed major highway, arterial, transit, bikeway, and aviation
projects. SANDAG is required to develop and adopt a RTIP every two years. In
addition, the Proposition A (TRANSNET) Ordinance also requires that proposed
TRANSNET funded projects be included in the RTIP. A program has been developed
between SANDAG and CalTrans which would allow Poway to exchange the Federal
Surface Transportation Program Local Fund Allocation for TRANSNET Highway money.
Staff proposes an exchange of $884,000. CalTrans will use the funds to purchase
right-of-way for SR 52 and we will use the exchanged money to fund Scripps Poway
Parkway and the traffic signal at Pomerado Road and Casa Avenida.
Speaking in opposition to staff recommendation:
Frank Spitzer, 16028 Paragon Mesa Road. He objected to money being moved
without a vote of the people.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 94-031, entitled, "A Resolution of the
City Council of the City of Poway, California, Adopting The Seven-Year Transnet
Local Street and Road Program of Projects for Fiscal Years 1995 through 2001."
Motion carried unanimously.
ITEM 8 (1401-14)
BICYCLES IN BLUE SKY RESERVE
Staff report by City Manager Bowersox. At the February 15, 1994 City Council
meeting, Terry Callan requested the City Council support continued bicycle access
on Green Valley Truck Trail through the Blue Sky Ecological Reserve. The Reserve
is owned by the State of California Department of Fish &Game. State regulations
require that public entry shall be compatible with the primary purpose of
protecting the natural resource. Fish & Game plans to start enforcing its
prohibition against bicycles on May 1. The City Council has stated they don't
feel bicycling is detrimental to the reserve's resources as long as the
bicyclists stay on the Green Valley Truck Trail.
Speaking in favor of bicycles on Green Valley Truck Trail:
Terry Callan, 14753 Carlson
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Kevin Hitchcock, 234210akley Place, Ramona, stated he commutes to work
in Poway by bike using the Green Valley Truck Trail.
Travis Kirtley, 15860 Bent Tree Road
Jose Morales, 3923 Quarry Road, La Mesa, representing the San Diego
County Bicycle Coalition
K.C. Butler, 13930 Sagewood Drive
Myron Carter, 12931 Golden Way
George McFetridge, 12785 Cobblestone Creek Road
DeAnne Erickson, 15051Vali Hal Road, Parks & Recreation Committee
Speaking in opposition to bicycles in the Reserve:
Alan Toretto, 14661 Dash Way
Allen Feldstein, 13255 Betty Lee Way, Friends of Blue Sky
Suzanne Wilbur, 13045 Nightfall Terrace, San Diego
Patty Heyden, 13226 Fred Road
Ethan Rotman, Fish & Game naturalist
John Anderson, Fish & Game
Pat Dahl, 13378 Burning Hills
Robert Turner, 12645 Calma Court, San Diego
Richard Roedell, 15094 Avenida Venusto, San Diego
Council stated the jurisdiction on this issue is with Fish & Game, however, they
support public access on Green Valley Truck Trail by bicycle and horse, as well
as on foot. They initiated the purchase of this property to keep it from
development, not to close it off and obtained funding from the Wildlife
Conservation Board and the County, with the State taking title. They questioned
the City Attorney about prescriptive rights to the Truck Trail, and Fish & Game
representatives about public access to other reserves.
Robin Wills, 22115 Tenaja Road, Murietta, Reserve Manager for Santa Rosa Plateau
spoke about the process they went through with bicycles two years ago and stated
they are developing a peripheral trail on their reserve.
Following discussion, motion by Councilmember Snesko, seconded by Councilmember
Emery to request the Fish & Game suspend enforcement against bicycles for six
months; establish a 10 mph speed limit and designate one side of the road for
bicycles; the city will assist with signage; and request the bicycling community
to do volunteer patrols and an education process. Motion carried 4-1 with
Councilmember Callery voting "no." Staff was directed to look at the feasibility
of a peripheral trail for bicycles.
(Councilmember Emery left the meeting at 10:40 P.M.)
ITEM 9 (205-04)
1993-94 MID-YEAR BUDGET
Staff report by City Manager Bowersox. The 1993-94 budget picture has improved
since the budget was adopted with expenditures down and revenues up. It will not
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be necessary to defer the Capital Replacement Fund credit in order to balance the
budget. Staff recommends approval of the mid-year budget adjustments.
Motion by Councilmember Snesko, seconded by Councilmember Callery to adopt
Resolution No. 94-032, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Mid-Year Budget Adjustments for Fiscal Year 1993-
1994." Motion carried 4-0 with Councilmember Emery absent.
ITEM 10 (705-07)
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 11 (705-09)
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 12 (705-11)
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 13 (705-12)
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 14 (705-14)
LANDSCAPE MAINTENANCE DISTRICT 87-1
Staff report by City Manager Bowersox. Staff has prepared Resolutions of
Intention setting public hearings for the five landscape maintenance districts
to levy and collect assessments for 1994-95.
Motion by Councilmember Snesko, seconded by Councilmember Callery to take the
following actions:
Adopt Resolution No. 94-033, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 83-1 for Fiscal Year 1994-95,"
approving the Engineer's Report recommending assessments of $118.48 per year in
Zone A and $255.34 per year in Zone B, and setting public hearings for May 10 and
June 14, 1994.
Adopt Resolution No. 94-034, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
Within Poway Landscape Maintenance District 86-1 for Fiscal Year 1994-95,"
approving the Engineer's Report recommending assessments of $261.02 per year for
Zone A and no assessment for Zone B, and setting the public hearing for June 14,
1994.
Adopt Resolution No. 94-035, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
Within Poway Landscape Maintenance District 86-2 for Fiscal Year 1994-95,"
approving the Engineer's Report recommending assessments of $186.16 per year in
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Zone A and $242.34 per year in Zone B, and setting public hearings for May 10 and
June 14, 1994.
Adopt Resolution No. 94-036, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
Within Poway Landscape Maintenance District 86-3 for Fiscal Year 1994-95,"
approving the Engineer's Report recommending assessments of $163 per year in Zone
A and $113.80 per year in Zone B, and setting public hearings for May 10 and June
14, 1994.
Adopt Resolution No. 94-037, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
Within Poway Landscape Maintenance District 87-1 for Fiscal Year 1994-95,"
approving the Engineer's Report recommending assessments of $798.76 per year per
net acre, and setting the public hearing for June 14, 1994.
Motion carried 4-0 with Councilmember Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26.
Councilmember Callery announced that the Acquisition Committee of the San
Dieguito River Park JPA is looking at a nine acre parcel in north Poway
off Sycamore Creek Road.
28.
Councilmember Snesko made a motion to have staff contact the grocery
stores at the corners of Poway Road and Community Road to see if they
would fund a mailing to Scripps Ranch regarding shopping in Poway. Motion
seconded by Mayor Higginson and carried 4-0 with Councilmember Emery
absent.
ADJOURNMENT
Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to 4:30 p.m. Thursday, April 14, 1994 in
the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time
of adjournment was 10:55 p.m.
~M.a.rjo~i~e~K. Wahl sten, City Clerk
C i ty ok[~oway
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NO T/CE
NOTICE IS HEREBY GIVEN THAT THE APRIL 12 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 Callery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, April 14, 1994
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:55 p.m.
Marjori~ r~. Wahlsten, City Clerk
City of'~o~way, California
April 13, 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 April 13, 1994
Marjorie~<. Wahlsten, City Clerk
City ot~ Pqway, California