CC 1994 11-15 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 15, 1994
The November 15, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 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, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Tony Snesko (Councilmember Snesko arrived at 7:04 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Jim Marmack
Peter Moote
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Deputy Dir. of Administrative 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 person was present wishing to speak:
Fred Fear, 14062 York Avenue, asked if the Lighting District assessment is
not a tax, what the penalty was for not paying it.
ITEM 10 (704-10)
VETERINARIAN ACTIVITIES AT
PET SUPPLY WAREHOUSE
Mayor Higginson stated he had received a request from Mrs. LaPorte to continue
Item 10 to November 29, 1994. The other persons present wishing to speak
concurred, as did the City Council.
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CONSENT CALENDAR
City Clerk Wahlsten noted she had distributed a revision to the Minutes of
October 18, 1994 and would request that the motion to approve Item 13 would
include that revision. Motion by Councilmember Callery, seconded by
Councilmember Cafagna to adopt the Consent Calendar as follows:
13.
Approval of Minutes - City Council
October 18, 1994, Regular Meeting
October 25, 1994, Cancelled Meeting
15.
Ratification of Warrant Registers - October 17-21, and October 24-28,
1994. (401-10)
16. Denial of claims for damages: A) Jacqueline and Joshua Cortez, and Robert
Thomas; B) Brennon-Katkov Development Company. (704-13)
17. Receive and file City Council Goals and Objectives for 1994-95. (202-01)
18.
Adoption of the Poway Visitor Enhancement Program to be administered
through the Chamber of Commerce, and approval of a budget of $14,150 for
the fiscal year 1994-95. (1180-05)
19.
Acceptance of landscape improvements for Tentative Tract Map 89-03,
Premium Investors, La Paz Summit, including Phase I within Landscape
Maintenance District 86-02A, and Phase II, City's lemon grove.
(602-01 #946)
20.
Approval of a separate line item budget account for the Lake Poway
Concessionaire for the sale of fishing and boating permits and state
fishing licenses in accordance with the terms of the lease agreement for
the Lake Poway Concession. (602-01 #408)
21.
Authorization to negotiate a sole source contract with Westmont Industries
for traveling bridge improvements at the Lester J. Berglund Water
Treatment Plant with future approval of contract by the City Council.
(602-01 #1035)
22.
Approval of annexations to the Sewer Improvement District by adoption of
Resolution No. 94-110, "A Resolution of the City Council of the City of
Poway Annexing Territory to the Sewer Improvement District of the City of
Poway - Hector and Lilia Salgado", 14403 Carlson Court; Resolution No. 94-
111, "A Resolution of the City Council of the City of Poway Annexing
Territory to the Sewer Improvement District of the City of Poway - Ralph
and Nasrin Barbee", 16309 Orchard Bend Road; Resolution No. 94-112, "A
Resolution of the City Council of the City of Poway Annexing Territory to
the Sewer Improvement District of the City of Poway - Dean and Sandra
Walker", 12936 Camino Del Valle; Resolution No. 94-113, "A Resolution of
the City Council of the City of Poway Annexing Territory to the Sewer
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Improvement District of the City of Poway - Mark Feldman", 14346 Midland
Road; Resolution No. 94-114, "A Resolution of the City Council of the City
of Poway Annexing Territory to the Sewer Improvement District of the City
of Poway - Jack and Jeanne Taylor", 13953 Sagewood Drive; and Resolution
No. 94-115, "A Resolution of the city Council of the City of Poway
Annexing Territory to the Sewer Improvement District of the City of Poway
- James and Allison Walls", 13731Putney Road. (1170-11)
23.
Adoption of Resolution No. 94-116, entitled, "A Resolution of the City of
Poway, California Approving a Cable Television Franchise Transfer from
Time Warner Entertainment Company, L.P., to Time Warner Entertainment-
Advance/Newhouse Partnership." (1206-05)
24. Appropriation of $9,000 for grading and paving a portion of property
leased for the Farmers' Market. (1401-11)
25. Award of bid for Parks and Landscape Tree Trimming Program to Golden Bear
Arborists in the amount of $18,569. (602-01 #1038)
26.
Adoption of Resolution No. 94-117, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Program Supplements No.
005 and 006 to Local Agency-State Agreement for Federal-Aid Projects,"
application for Congestion Mitigation Air Quality Grant and appropriation
of $90,000 for the updated traffic signal coordination timing and
installation of the closed circuit traffic surveillance camera to be
reimbursed from the grant. (401-13)
26.1
Approval of agreement with David Paul Rosen & Associates, in an amount not
to exceed $35,000, to assist in implementation of Redevelopment Agency
Comprehensive Affordable Housing Strategy. (602-01, #221R)
Motion carried unanimously.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 89-16
APPLICANT: RAHI NIKRAVESH
City Manager Bowersox noted that this Tentative Parcel Map was continued from
October 18, 1994, however additional time is needed to attempt resolution of
issues raised in the agenda report and further discussed with staff. Staff
recommends continuance to January 3, 1995.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue
consideration of Tentative Parcel Map 89-16 to January 3, 1994. Motion carried
unanimously.
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ITEM 5 (701-04)
ORDINANCE NO. 438/SECOND READING
KEEPING OF LARGE ANIMALS
Mayor Higginson 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)."
City Manager Bowersox noted that this is the second reading of this Ordinance
which is the compromise proposal worked out with the horse community.
Speaking in opposition to staff recommendation:
Peggy Collette. 13069 Bernadotte Lane
Charles McLauchlan, P.O. Box 12, objected to the cost of a Conditional Use
Permit since under his former zoning he could have that use by
right.
Susan Wu, 14117 Tierra Bonita Road, objected to the horses next door.
Speaking in favor of staff recommendation:
John Charles, 14061Tierra Bonita Road
Councilmember Cafagna stated this ordinance is a culmination of efforts and input
from all parts of the community and although it may not be perfect it provides
a standard of horse management which was not available in the previous ordinance
and provides for enforcement.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to waive further
reading and close the public hearing. Motion carried unanimously. Motion by
Councilmember Cafagna, seconded by Councilmember Emery to adopt Ordinance No.
438. Motion carried 4-1 on a roll call vote with Councilmember Snesko voting
"no."
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 94-16
ADOBE RIDGE MINIPARK
APPLICANT: CITY OF POWAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a Conditional Use Permit for the Adobe Ridge
Minipark, the first minipark to be considered by the City Council since the
adoption of General Plan Amendment 93-03D that established the design standards.
The property is on the south side of Adobe Ridge Road starting at Pomerado Road
and extends west for 1,270 feet. It is 3.4 gross acres and is encumbered by a
San Diego Gas & Electric easement. Barratt American Inc., the property owner and
developer has granted title of the parcels to the City and contributed $8,400
towards construction of theminipark. The facilities will include a turfed area,
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two shade structures, picnic tables, benches, separate play areas, half hardcourt
play surface, a drinking fountain and landscaping encumbering approximately 1.5
acres.
Speaking in opposition to staff recommendation:
A1Alarcon, 12215 Kozy Crest Lane
Speaking in favor of staff recommendation:
Fred Wilson, 14835 Sunrise Road
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-94-53 entitled, "A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 94-16, Assessor's Parcel Number 314-
670-1 through 16." Motion carried unanimously.
ITEM 7 (203-04)
VARIANCE 94-07
APPLICANT: STEPHEN & SUSAN LUCKMAN
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. This is a request for a variance to allow a two story
detached garage/guest house at 15032 Eastvale Road where the existing residence
is single-story. This will provide for the least disturbance to the natural
terrain. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-94-54, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 94-07,
Assessor's Parcel Number 278-301-15." Motion carried unanimously.
ITEM 8 (203-04)
VARIANCE 94-08
APPLICANT: GREG AGEE
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 for a variance to allow a proposed 750 square foot attached addition
to have a 15 foot rear yard setback where a 25 foot setback is required and a
front yard setback of 21 feet where a 36 foot setback is required. The neighbors
to the north have requested approval be given for a 17 foot rear yard setback.
Staff recommends approval as requested by the applicant.
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Speaking in opposition to staff recommendation:
Ted Reynolds, 13266 Arroya Vista Road, Chairman of the Green Valley
Highlands Association Architectural Committee, stated they concur with the
front yard setback, but agree with the neighbors that 17 foot rear yard is
more appropriate.
Speaking in favor of staff recommendation:
Greg Agee, 13338 Arroya Vista Road
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and adopt Planning Resolution No. P-94-55, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 94-08,
Assessor's Parcel Number 275-52-012," with a 17 foot rear yard setback. Motion
carried unanimously.
ITEM 9 (704-10)
SIGN AMORTIZATION
(Mayor Higginson left the room.)
Staff report by City Manager Bowersox. At the October 11, 1994 meeting Mr.
Kenneth Plummer, owner of All-Health Nutrition, spoke regarding the letter he had
received from the City Attorney to remove his sign. It is one of 128 signs which
became non-conforming upon adoption of the City's sign ordinance in 1983. The
ordinance allowed a period of 8 years for non-confirming signs to be amortized
with removal required by March 8, 1991. By August, 1994, ten of these signs
still remained and those cases were forwarded to the City Attorney's office for
enforcement.
Mr. Ken Plummer, 12817 Francine Terrace, read a letter to the City Council.
Council concurred to receive and file the report.
(Mayor Higginson re-entered the meeting.)
ITEM 10 (704-10)
VETERINARIAN CLINIC ACTIVITIES
This item was continued to November 29, 1994 earlier in this meeting.
ITEM 11 (702-12)
"KEEPING OF HORSES" INITIATIVE PETITION
(Councilmember Snesko left the room.)
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Staff report by City Clerk Wahlsten. An initiative petition regarding the
keeping of horses and other large animals was submitted to the City Clerk's
Office on October 20, 1994. The Registrar of Voters has verified the signatures
and there are in excess ef the 2,543 signatures required. The City Council can
either adopt the measure as submitted or adopt a Resolution placing it on the
ballot at the next general municipal election in November, 1996.
Speaking in opposition to the measure:
Ann Laux, 12710 Roca Grande Drive, who stated she felt some of the
signatures were obtained fraudently. City Attorney Eckis
stated that would have to be proved and a writ of mandate obtained
to order the City Clerk to remove this item from the ballot. The
City Council does not have the discretion to do anything other than
adopt the measure as circulated or put it on the ballot.
DeAnne Erickson, 15051 Vali Hai Road, asked about putting a competing
initiative on the ballot.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 94-118, entitled, "A Resolution of the City Council of the City
of Poway, California, Submitting to the Qualified Electors of the City an
Initiative Ordinance to Amend the Municipal Code Regarding the Keeping of Large
Animals." Motion carried 3-1 with Councilmember Cafagna voting "no." and
Councilmember Snesko out of the room.
(Councilmember Snesko re-entered the meeting)
ITEM 12 (1180-05)
AUTO SALES PROMOTION CONTRIBUTION
Staff report by City Manager Bowersox. The Chamber of Commerce and the Poway
auto dealers have proposed a second major auto show promotion to be held in the
Megafoods parking lot on December 2-4, 1994 and have again asked the City to help
support this event financially for advertising. The City benefits with increased
sales tax.
Motion by Councilmember Cafa§na, seconded by Councilmember Callery to approve the
appropriation of up to $5,000 to be used for the auto sales promotion with
conditions outlined by staff. Motion carried unanimously. Council noted that
this would be the last time they would provide this financial support.
ITEM 12.1 (504-05)
PUBLIC SERVICES REORGANIZATION
Staff report by City Manager Bowersox. Following 15 months of review of
procedures, analysis of workload and staff capabilities, the Director of Public
Services has made several changes to procedures and task distribution with
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measurable positive results. To continue progress, other organizational and
staffing changes are recommended.
Motion by Councilmember Callery, seconded by Councilmember Emery to approve
organizational changes including combining three line divisions into two;
transferring one division manager to Technical Assistant to the Director;
establishing one new position of Senior Management Analyst; reassigning fleet
maintenance and special districts coordination to report to the Director; and
approve new and revised class specifications. Motion carried unanimously.
CITY ATTORNEY ITEMS
28.
City Attorney Eckis requested a closed session to discuss existing
litigation pursuant to Government Code §54956.9(a) regarding Smith v. All
Persons.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
31A.
Councilmember Emery stated the last status report showed a decline in
ridership on the transit system and requested a workshop to discuss this
and get an analysis of TDA funds.
32. Councilmember Snesko congratulated Mayor Higginson on his recent election
victory and thanked him for running a "clean" campaign.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:20 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:00 p.m. with all
Councilmembers present except Councilmember Snesko who did not attend the closed
session. The meeting was adjourned on motion by Councilmember Cafagna, seconded
by Councilmember Callery and carried.
Marjori~ K. Wahlsten City Clerk
City of Poway
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