CC 1994 11-01 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 1, 1994
The November 1, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 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 Sharer
Bob Krans
Steve Streeter
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
Fire Battalion Chief
Principal Planner
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:
Bill Barnick, 14645 Sunrise Canyon Road, stated the power poles on the
north side of Poway Road, west of Espola Road, are too close to the
roadway and need to be moved. He also asked about the status of improving
High Valley Road.
Sylvia Nicpon, 13325 Buena Vista, stated Mayor Higginson's volunteers had
hung video tapes on mailboxes this week-end in violation of postal
regulations.
Lisa Lund, representing Elizabeth Hospice, 1845 E. Valley Parkway,
presented information regarding their "Light Up a Life" fundraising event.
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CONSENT CALENDAR
Councilmember Snesko pulled Item 14 from the Consent Calendar.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the
Consent Calendar as follows:
Approval of Minutes - City Council
October 4, 1994, Regular Meeting
October 11, 1994, Regular Meeting
11. Ratification of Warrant Registers - October 3-7, October 10-14, 1994
(401-10)
12. Approval of a one-year extension to the contract with BSI Consultants,
Inc., to provide engineering and other related services. (602-01 #95)
13.
Approval of a one-year extension to the contract with Group Delta
Consultants, Inc., to provide geotechnical services. (602-01 #956)
15.
Approval of a facilities use agreement between the City of Poway and the
Poway Historical and Memorial Society for the use of the Heritage Museum
Building and the Nelson House in Old Poway Park. (602-01 #712)
16.
Approval of final map for Tentative Tract Map 89-07, Nicholas Krikoriantz
applicant; located on the northwest side Stone Canyon Road, 150 feet north
of Wildflower Lane, and adoption of Resolution No. 94-107, entitled, "A
Resolution of the City Council of the City of Poway Ordering the Expansion
of Poway Landscape Maintenance Assessment District No. 86-1A with the
Annexation of APN 275-241-01, 36 and 38 by Written Consent of Property
Owner." (203-01)
17.
Adoption of Resolution No. 94-108, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Recordation of a Notice of
Violation on Lot 6, a Portion of Lot 5 of City of Poway Tract No. 4278,
Map No. 11326, and a Portion of Section 18, T14S, R2W, SBM," for altering
property without a grading permit, Errol and Pauline Yeager. (704-02)
18.
Acceptance of Old Poway Park Parking Lot at 14220-1/2 Midland Road from
San Diego Valley Builders, Inc. (602-01 #211R)
19. Denial of claim for damages: Salijo Hendershaw
(704-13)
20.
Appropriation of $14,000 from the Recovery of Stolen Property (Asset
Forfeiture) account to Capital Outlay for equipment and training for law
enforcement. (401-17)
21.
Adoption of Resolution No. 94-109, entitled, "A Resolution of the City
Council of the City of Poway Authorizing the City Manager to Execute a
Contract for the Extension of the Affordable Housing Assistance and
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Referral Program."
(602-01, #145R)
22. Adoption of Resolution No. P-94-51, entitled, "A Resolution of the City
Council of the City of Poway, California Denying Minor Conditional Use
Permit 94-07, Assessor's Parcel Number 314-051-04," Larry and Liz Wolfe's
request to construct solar panels within an open space easement at 13989
Pequot Drive which confirms action taken October 11, 1994, Item 5.
(203-24)
22.1 Approval of the acquisition of 140 acres east of Lake Poway Road, known as
the Mount Woodson Mitigation Site, as part of the required mitigation
requirements for Scripps Poway Parkway East, at a cost of $315,680.00.
(Joint acquisition with Environmental Development, Inc. was approved on
January 4, 1994. That purchase was not consummated.). (1002-01)
Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
Mayor Higginson stated he would take this item out of order since Councilmember
Callery will be leaving the meeting early.
26.
Councilmember Callery stated she had been contacted by residents regarding
a potential alignment of a County Water Authority pipeline that would
connect San Vicente reservoir and the Miramar treatment plant that could
go through Poway and she asked representatives from the CWA to make a
presentation to the City Council.
Ken Steel from the San Diego County Water Authority presented information
regarding the Emergency Water Storage Project which could include a
pipeline route through Beeler Canyon.
Betty Rexford, 11570 Creek Road, requested the City Council work with the
CWA to not impact their property with any route down Creek Road.
ITEM 4 (701-04)
ORDINANCE NO. 437/SECOND READING
STORM WATER MANAGEMENT AND DISCHARGE CONTROL
Mayor Higginson read the title of Ordinance No. 437, "An Ordinance of the City
of Poway, California, Adding Chapter 13.09 to the Poway Municipal Code to
Establish a Storm Water Management and Discharge Control Program."
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive
further reading, close the public hearing and adopt Ordinance No. 437. Motion
carried unanimously on a roll call vote.
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ITEM 5 (701-04)
ORDINANCE NO. 438/FIRST READING
KEEPING OF LARGE ANIMALS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
438, "An Ordinance of the City of Poway, California, A Zoning Ordinance Amendment
to Title 17 of the Poway Municipal Code Regarding the Keeping of Large Animals,
Including Regulations Concerning Limitations on the Number of Animals That May
be Kept (ZOA 94-03)." Item introduced by City Manager Bowersox. This Ordinance
incorporated changes presented to the City Council on October 11, 1994 and is the
result of meetings held with various groups and individuals after adoption of
Ordinance 432 on April 5, 1994.
Staff report by Director of Planning Services Wright-Quastler who reviewed the
major changes including: precludes new applications for the keeping of ten or
more horses in the RS and RR-C zones after 90 days past the effective date of the
ordinance (approximately March 15, 1995 if second reading is held on November 15,
1994); would not make stables in those zones with Conditional Use Permits non-
conforming; increases separation between animal enclosures and adjacent residents
for four or more horses; clarifies level of conditions to be imposed on new
stables, operating conditions of stables, consequences of failure to comply; and
reduces density to 6 animals per acre to a maximum of 9 in all zones except RR-A
and RR-B.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane
Constance Griffin, 12655 Gate Drive
Charles McLauchlan, P.O. Box 12
(Councilmember Callery left the meeting at this point.)
Michael Rothbart, 14441 Range Park
Susan Wu, 14117 Tierra Bonita
Carolyn Rocha, 14033 Eastern Street
Scott Curtis, 15226 Hilltop Circle
Speakers were opposed either because the regulations were still not strict enough
or because they are becoming too restrictive and they felt the horse community
had compromised too much.
Speakers in favor of staff recommendation:
Mark Gordon, 17206 Pinot Place, Green Valley Civic Association
Ann Laux, 12710 Roca Grande
DeAnne Erickson, 15051Vali Hai Road
Mary Shepardson, 13815 Johannesberg Drive #1
Adrienne Regard, ]4908 Espola Road
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Speakers agreed this was a workable compromise.
Motion by Councilmember Snesko, seconded by Councilmember Emery to waive further
reading, issue a Negative Declaration and continue the public hearing to November
15, 1994 for second reading. Motion carried 4-0 with Councilmember Callery
absent.
(Councilmember Emery left the room.)
ITEM 6 602-01 #114R)
OWNER PARTICIPATION AGREEMENT
AMENDMENT/TRIDENT HOMES/MCMILLIN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This amendment will bring the payment terms outlined in the Owner
Participation Agreement into conformance with the amended payment terms contained
in the related Development Agreement.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to adopt Resolution
No. R-94-22, entitled, "A Resolution of the Poway Redevelopment Agency of the
City of Poway, California Approving a Second Amendment to the Owner Participation
Agreement by and between the Poway Redevelopment Agency and Trident Homes of
California, Inc." Motion carried 3-0 with Councilmember Emery out of the room
and Councilmember Callery absent.
(Councilmember Emery re-entered the meeting.)
ITEM 7 (209-00R)
COMMERCIAL FACELIFT AND
REHABILITATION PROGRAM
Status report by City Manager Bowersox. The proposed commercial facelift and
rehabilitation program has been referred to the Redevelopment and Housing
Advisory Committee and it is estimated that draft program guidelines will be
completed by the spring of 1995.
Council concurred to receive and file the report.
ITEM 8 (203-14)
DEVELOPMENT REVIEW 94-06
APPLICANT: BLOCKBUSTER VIDEO
Staff report by City Manager Bowersox. This is a request to construct a 6.970
square foot video rental store on Lot 2 of Creekside Plaza at 13455 Poway Road,
between the Brigantine restaurant and Boston Chicken. An additional 22 on-site
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parking spaces will be provided adjacent to the new building. In addition, the
center will provide 18 more spaces on the west side of the theater to help
relieve peak congestion within the center. Staff recommends approval.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to find that the
previously certified EIR adequately addresses the anticipated adverse
environmental impacts of this project and adopt Planning Resolution No. P-94-52,
entitled, "A Resolution of the City Council of the City of Poway, California
Approving Development Review 94-06, Assessor's Parcel Number 317-820-02." Motion
carried 4-0 with Councilmember Callery absent.
ITEM 14 (604-01)
DONATION OF FIRE ENGINE TO PALOMAR COLLEGE
Councilmember Snesko pulled this item from the Consent Calendar. Staff report
by City Manager Bowersox. We currently have three reserve fire apparatus and
recommend donation of one 1974 Mack fire engine to Palomar College for the Fire
Academy with the stipulation that the apparatus will not be sold at any future
time for profit. Councilmember Snesko asked if we would not want this apparatus
back when we open a new fire station. City Manager Bowersox stated we would
purchase new equipment. Motion by Councilmember Emery, seconded by Mayor
Higginson to approve staff recommendation. Motion carried 4-0 with Councilmember
Callery absent.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:20 p.m. and noted the next regular
meeting will be November 15, 1994 at 7:00 p.m.
Marjorie~K. Wahlsten, City Clerk
City of Poway
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