Loading...
CC 1994 10-18 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 18, 1994 The October 18, 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 Warren Shafer Bob Krans Steve Streeter Michael Putnam 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 Fire Battalion Chief Principal Planner Performing Arts Center Malyst 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: Alison Farrin, 15134 Oak Canyon Road, representing the Poway Horseman's Association and California State Horseman's Association, Division 8, presented their side of the S.H.A.R.E. initiative controversy. She stated Peggy Collette presented her side at the October 4, 1994 City Council meeting. Bill Rickles, 12423 Paseo Colina, protested an agreement he had heard was being arranged with Catherine Rodman, Legal Aid Society, to put more affordable housing in the South Poway area. He stated that if this is a state mandated item it should apply equally to all areas of the City. 5332 Page 2 - CITY OF POWAY - October 18, 1994 Peggy Shea, 12423 Paseo Colina, spoke about the effects of affordable housing being all in one area, including creating a ghetto. Sandy Victor, 13187 Valewood Road, talked about drug problems in Poway and how they will get worse by building affordable housing. Cheryl LaPorte, 14265 Jerome Drive, stated the Pet Supply Warehouse is in violation of the zoning code because they are allowing vet clinics on site. The CC zone does not allow veterinarians. She also referred to their banner signs and questioned whether they are legal. Staff will report back to the City Council. Les Revier, 13020 Oak Knoll Drive, expressed concern about the possibility that the Brookview Village which was being designed for low income senior housing would be changed to very low income family housing under terms of an agreement with Legal Aid as an outcome of litigation. This would mean welfare families in the area which could overcrowd Pomerado School. In response to some of the speakers comments, City Attorney Eckis stated there is a lawsuit pending that includes a variety of attacks on how the Redevelopment Plan was adopted and how affordable housing money will be spent. Our legal obligation is to spend housing fund money in accordance with whatever the senior and family needs are in the community as justified by a needs assessment. The existing sites designated by AH carry a sub-designator for senior or family and those can only be changed through the public hearing process. But very largely how a project goes forward will be dictated by our legal obligations. CONSENT CALENDAR City Manager Bowersox pulled Item 20.1 from the Consent Calendar. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council September 27, 1994, Regular Meeting 12. Ratification of Warrant Register - September 26 - 30, 1994 (401-10) 13. Approval of City's Investment Report - September 30, 1994. (408-01) 14. Removal from calendar of Minor Development Review 94-37, Cecil and Fran Short applicants: a request to construct a two-story residence on 1.29 acres located at 15003 Huntington Gate Drive. The applicant amended the grading plan to conform with the approved map and it can now be approved by staff. (203-10) 15. Acceptance of the Midland Road transit stop turnout and shelter from Marquez Constructors, Inc. (1644) (602-01 #995) 5333 Page 3 - CITY OF POWAY - October 18, 1994 17. Receive and file third quarter activity report for the Economic Development Division of the Redevelopment Services Department. (209-00R) 18. Receive and file closed session report pursuant to Government Code §59457.1(a)(1), Huber/Opfer property purchase by the Redevelopment Agency, located at the northeast corner of Bowron Road and Civic Center Drive. (1002-01R) 19. Approval of parking signage and curb painting improvements at the Poway Center for the Performing Arts. (1402-01) 20. Report of administrative action taken on City Council-Initiated and Public Inquiry Items through October 10, 1994. (701-10) 20.2 Approval of the Conveyance of Terms & Conditions of the Development & Disposition Agreement for Twin Peaks Plaza. (602-01, #17R) Motion carried unanimously. ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 94-07 OWNERS: LARRY AND LIZ WOLFE Mayor Higginson stated this public hearing was continued from October 4, 1994 to allow time to re-notice property owners who were omitted during the initial mailing. Item introduced by city Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct two solar panels within an open space easement on a residential easement at 12989 Pequot Drive in the Palisades section of Rancho Arbolitos. Staff had been contacted by three neighbors objecting to the solar panels being allowed to encroach on the open space easement. Staff believes there are special circumstances associated with the subject property, namely the location of the panels is restricted due to the size of the units, the limited usable yard space outside the open space easement and the potential aesthetic impacts from mounting them on the roof. Speaking in favor of staff recommendation: Larry Wolfe, 13989 Pequot Drive Speaking in opposition to staff recommendation: Carolyn Mathur, 13991 Pequot Drive Joanne Fowler, 14126 Palisades Bruce Hamilton, 13178 Woodmont Street Dr. Lloyd Kuritsky, 14135 Palisades Drive John Taylor, TruBlu Pool Supply, 12815 Poway Road John Foley, 14150 Palisades Drive Rugby Mathur, 13991 Pequot Drive Larry Renner, 14158 Palisades Drive 5334 Page 4 - CITY OF POWAY - October 18, 1994 Linda Strobel, 14124 Woodhollow Lane Wendy White, 13987 Carriage Road Speakers expressed concern regarding allowing a structure in the open space easement, setting a precedent, and degradation of views. Councilmember Emery stated he believes it is precedent setting and while we are not in the business of enforcing CC&R's, open space should not have a structure on it, and should not be fenced as part of a resident's property so it appears usable. Councilmember Callery stated she believes the City should not approve development applications that are knowingly in violation of CC&Rs. Mayor Higginson stated he cannot support findings 2, 4, 5, or 6. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to deny Minor Conditional Use Permit 94-07. Motion carried unanimously. ITEM 6 (203-02) TENTATIVE PARCEL MAP 89-16 APPLICANT: RAHI NIKRAVESH (Councilmember Callery left the room.) Mayor Higginson opened the public hearing. City Manager Bowersox stated the applicant has requested a continuance to November 15, 1994. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue consideration of Tentative Parcel Map 89-16 to November 15, 1994. Motion carried 4-0 with Councilmember Callery out of the room.) (Councilmember Callery re-entered the meeting.) ITEM 7 (1110-06) BIKE LANES ON MIDLAND ROAD Staff report by City Manager Bowersox. The Traffic Safety Committee reviewed a report to remove a two-way left turn lane on Midland Road between Norwalk and Aubrey with the installation of bike lanes for safer bicycle access to Old Poway Park from the north. After receiving input from residents, they concluded that the left turn lane should not be removed but that an alternative bike route be signed west on Norwalk to York, south to Aubrey, and east to Midland. Traffic Safety Committee will review this again in four months. Motion by Councilmember Emery, seconded by Councilmember Callery to receive and file the report. Motion carried unanimously. 5335 Page 5 - CITY OF POWA¥ - October 18, 1994 ITEM 8 (701-09) UPDATE ON BUDGET REVIEW COMMITTEE'S REPORT Staff report by City Manager Bowersox. The 1994-95 Budget Review Committee requested that the City Council respond to their recommendations and staff has prepared a status report on actions taken to date on each of the Committee's recommendations. Jerry Hargarten, 13622 Orchard Gate Road, Chair of the 1994-95 Committee, thanked staff for the thorough report. He asked questions about first quarter revenues, forthcoming financial report on Poway Royal, and salary issues. Council concurred to receive and file the report. ITEM 9 (1502-29) HOUSING ELEMENT OBJECTIVES PROGRESS REPORT Staff report by City Manager Bowersox. Section 65400 of the Government Code requires that each jurisdiction provide an annual report to the Office of Planning and Research and the Department of Housing and Community Development regarding the status of reaching Housing Element Objectives. Staff has prepared a report from July 1, 1991 to June 30, 1994 and recommends it be filed. Speaking in opposition to staff recommendation: Sylvia Nicpon, 13325 Buena Vista, asked several questions statements in the report referring to the mobile home parks. respond to her questions. regarding Staff will Motion by Councilmember Emery, seconded by Mayor Higginson to authorize submittal of the report. Motion carried unanimously. ITEM 9.1 (701-04, #432) AMENDMENT TO LARGE ANIMAL ORDINANCE Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. On April 5, 1994 the City Council adopted Ordinance 432 which amended the municipal code provisions regarding the keeping of large animals. A group was formed to circulate a petition to place additional amendments to the ordinance on the ballot which would further restrict the number of animals kept. Mayor Higginson and Councilmember Cafagna have been meeting with various groups to an attempt to find common ground. Changes that have been agreed to by most of the parties include precluding new applications for keeping ten or more horses in the RS and RR-C zones after 90 days past the effective date of the ordinance, except for those stables with Conditional Use Permits; increased separation between animal enclosures and adjacent residences for four or more horses; and reducing the maximum permitted animals to 6 per acre, to a 5336 Page 6 - CITY OF POWAY - October 18, 1994 maximum of 9. Staff has "pre-noticed" a public hearing for November 1, 1994 to hold first reading on the ordinance. Speaking in opposition to staff recommendation: Peggy Collette, 13969 Bernadotte Lane, petition proponent, stated the changes made were not enough Adrienne Regard, 14908 Espola Road, asked about the setback requirements. Speaking in favor of staff recommendation: Ann Laux, 12710 Roca Grande Drive, questioned setbacks by number of horses. Robert Coates, 10444 Rue Du Nuage, San Diego Jim Seifert, 16344 Martincoit Road DeAnne Erickson, 15051Vali Hai Road the sliding scale on Motion by Councilmember Snesko, seconded by Councilmember Emery to proceed with the first reading of the ordinance on November 1, 1994. Motion carried unanimously. ITEM 9.2 (1401-14) STAFFING AT BLUE SKY RESERVE Staff report by City Manager Bowersox. The Department of Fish & Game has notified the City that the Interpretive Specialist position at Blue Sky Ecological Reserve will be eliminated by the end of 1994. In order to continue the interpretive programming, professional staff needs to be retained to work with the volunteers. The County of San Diego is a property owner and partner in the management of Blue Sky and they have indicated a willingness to fill the position with a County employee with full funding from the State and the City of Poway. Councilmember Callery stated the Blue Sky volunteers want to be involved in the process and will identify one person to work with staff. She also asked about insurance coverage for the volunteers. Director of Community Services Thomas stated that staff is investigating coverage. Motion by Mayor Higginson, seconded by Councilmember Callery to authorize the staff to negotiate with the County of San Diego to provide a County staff position at Blue Sky Ecological Reserve through June 30, 1995. Motion carried unanimously. ITEM 20.1 602-01 #955) LEASE AGREEMENT FOR FARMERS MARKET City Manager Bowersox stated he had removed this from the Consent Calendar in 5337 Page 7 - CITY OF POWAY - October 18, 1994 order to make some changes. Staff is recommending the term be extended for two years, that the City pay the property taxes of approximately $2,000 per year and that we install a center lane of asphalt. Motion by Councilmember Emery, seconded by Mayor Higginson to approve staff recommendation. Motion carried unanimously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 24. Councilmember Callery stated she had been receiving calls regarding the possibility of Pomerado Hospital converting from a full service acute care facility to a specialty care facility or closing the facility, and requested a meeting of the Health System Joint Committee be scheduled to clarify what their plans are. 26A. Councilmember Snesko stated that he still feels there needs to be some reward for defacing or stealing political signs. He made a motion that we offer a $500 reward for information leading to arrest of anyone who defaces, steals, destroys, or vandalizes political signs and a $2,000 fine with the recovery of the $500 from the fine. City Attorney Eckis stated the second part requires an ordinance amendment which could not be effective for this election. The reward could be a matter of policy. There was no second. ADJOURNNENT Mayor Hig§inson adjourned the meeting at 9:35 p.m. arjorie K. Wahlsten, City Clerk City o~ PoWay 5338