CC 1994 11-29 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 29, 1994
The November 29, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 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
Steve Streeter
Jim Marmack
Patrick Foley
Pamela Colby
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
Principal Planner
Sheriff's Captain
Principal Management Analyst
Redevelopment Project Administrator
Senior 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:
Robert Coates, 10444 Rue du Nuage, San Diego, asked why Creek Road Stables
had not been "grandfathered" since Mr. Funk had been boarding horses there
since 1960.
Howard Stacklin, 13149 Tobiasson Road, stated it's not right for the State
to require us to add housing when it raises the taxes on the existing
residents to provide additional services for the new growth.
Susan Sheldon, 13411Starridge Street, asked about Rattlesnake Creek south
of Poway Road, if development can take place on both sides of the Creek
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and what the advantages of "boxing" the creek would be.
Bill Currie, 12917 Margate Avenue, field representative for Assemblyman
Jan Goldsmith, asked the City Council to be thinking about legislation
they would like to have introduced in Sacramento.
(Councilmember Emery left the room.)
CONSENT CALENDAR
Motion by Councilmember Cafagna, seconded by Mayor Higginson, to adopt the
Consent Calendar as follows:
17.
Approval of Minutes - City Council
November 1, 1994, Regular Meeting
November 8, 1994, Cancelled Meeting
19.
Ratification of Warrant Registers - October 31-November 4, 1994 and
November 7-November 11, 1994. (401-10)
20. Approval of City's Investment Report - October 31, 1994.
(408-01)
21. Denial of claim for damages: Ken Hawkins.
(704-13)
22.
Adoption of Resolution No. 94-119, entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting Through Incorporation
by Reference the Fair Political Practices Commission's Standard Conflict
of Interest Code 2 California Code of Regulations Section 18730 and
Rescinding Resolution Nos. 90-012, 91-015, 92-015, 93-013, and 94-011,"
and Resolution No. 94-120 entitled, "A Resolution of the City Council of
the City of Poway, California Approving the Poway Redevelopment Agency's
Adoption of the Amended List of Designated Positions Subject to the
Reporting Requirements of the Agency's Conflict of Interest Code."
(704-08)
23. Approval of waiver of application fee for a Minor Conditional Use Permit
for stables at 11319 Creek Road, Carol Funk applicant. (203-23)
24.
Acceptance of public improvements and release of securities, St. Michael's
Church, applicant; classroom building located at 15546 Pomerado Road.
(602-01 #802)
25.
Approval of parcel map for Tentative Parcel Map 91-11, Thomas and Beverly
Nodes, owners; a four-lot subdivision located northwest of Eucalyptus Road
and west of Mina de Oro Road. (203-02)
26.
Approval of new five-year facilities use agreement between the City and
the Poway Valley Senior Citizens Corporation for the Weingart Center
buildings at Poway Community Park. (602-01 #105)
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27.
Adoption of Resolution No. 94-121, entitled, "A Resolution of the City
Council of the City of Poway Annexing Territory to the Sewer Improvement
District of the City of Poway- A1Udwin Annexation," 13934 Ipava Drive;
Resolution No. 94-122, entitled, "A Resolution of the City Council of the
City of Poway Annexing Territory to the Sewer Improvement District of the
City of Poway - Daryl and Donna Nuss Annexation," 16740 Martincoit Road;
Resolution No. 94-123, 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 and Judy Kuhlman Annexation," 8.00 acres on Claire
Drive; and Resolution No. 94-124, entitled, "A Resolution of the City
Council of the City of Poway Annexing Territory to the Sewer Improvement
District of the City of Poway - Walter and MaryJo Farber Annexation," 0.51
acres on Carlson Court. (1170-11)
28.
Denial of Temporary Use Permit 94-89, Larry Smith, Green Valley Estates,
applicant: a request to permit a modular sales office to continue
operation at its present location for an additional eighteen (18) months,
at 13750 Paseo Valle Alto and fronting Lake Poway Road, in Green Valley
Estates, and requiring removal within sixty calendar days. (203-07)
(This item was later continued to December 13, 1994 for action.)
29.
Adoption of Resolution No. P-94-56 entitled, "A Resolution of the City
Council of the City of Poway, California Approving Mashburn Waste and
Recycling Services' Rate Schedule as set forth in the Solid Waste
Franchise Agreement." (602-01 #1031)
30.
Receive and file status report on the Poway Restaurant and Bar Owners
Alliance Server Training and Safe Ride Program including discontinuing the
pilot project. (1180-12)
31.
Status of pending legislation, 1994 summary of legislative activities.
(7o1-11)
32.
Adoption of Resolution No. P-94-56, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
94-92," for a Holiday Street Fair to be held on Sunday, December 4, 1994,
from 10 a.m. to 4 p.m., Poway Chamber of Commerce, applicant. (203-07)
33. Authorization to apply for SANDAG Bicycle Facility Committee Reserve Funds
for a Bicycle Safety Patrol Program. (401-30)
34.
Award of a sole source negotiated contract to Westmont Industries to
rehabilitate the traveling bridges at the Lester Berglund Water Treatment
Plant in the amount of $278,026. (602-01 #1035)
Motion carried 4-0 with Councilmember Emery out of the room.
(Councilmember Emery re-entered the meeting. Councilmember Snesko left the
meeting and did not return.)
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ITEM 5 (203-08)
CONDITIONAL USE PERMIT 94-09
APPLICANTS: BILL AND PAT STEINER
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 operate a stable for up to 100 horses with breeding, foaling,
training, mare care, lay-ups, lessons, sales and boarding on a 15 acre site at
13980 Millards Ranch Lane. Staff is recommending approval for 80 horses and
bases that number on traffic that could be generated by residential use of the
property if it were divided in accordance with the existing zoning.
Speaking in favor of approval of the Conditional Use Permit at 110 horses:
Bill Steiner, 13980 Millards Ranch Road
Daniel Hough, 26935 Patterson Street, Perris, attorney for Mr. Steiner
Stuart Holmes, 14173 Hermosillo Way
Juil White, 13756 Sycamore Tree Lane
Charlene Block, 9933 River Drive, Descanso
Vince Lenoir, 11178 Ironwood Road, San Diego
Tricia Steiner, 13980 Millard Ranch Lane, read a letter from Diane
Augustine dated July 13, 1993.
Dr. Norman Switzer, 15415 San Moritz, veterinarian for Mr. Steiner
Ann Laux, 12710 Roca Grande Drive
Colin Martin, 16427 Orchard Bend Road
Alison Farrin, 15134 Oak Canyon Road
Nashon Almandmoss, 12552 Pacato Circle
J.M. Griffith, 10436 Bedfont Circle, San Diego
Tony Steiner, 1750 North Sycamore, Los Angeles
Anne Martin, 16427 Orchard Bend Road
Wendy Cohen, 14351 Twisted Branch Road
Nancy Powers, P. O. Box 270544, San Diego
Dr. Anne McCabe, 13261Vinter Way
Christine Johnson, 17495 Hada Drive, San Diego
Peggy Collette, 13969 Bernadotte Lane
DeAnne Erickson, 15051Vali Hai Road
Kate Pool, 13550 Willow Run Road
Robert Coates, 10444 Rue Du Nuage, San Diego
Michael Rothbart, 14441 Range Park Road
Speakers cited the cleanliness and professionalism of Mr. Steiner's horse
boarding operation and its benefits to the community.
Speaking in opposition to the Conditional Use Permit at 80 horses:
Bill Bailey, 14551Millards Road
Timothy Seipel, 14565 Cedar Ridge Court
Art Skola, 12568 Utopia Way, San Diego, attorney for some of the neighbors
Paul Koonings, 14574 Millards Road
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Marianne Koonings, 14574 Millards Road
Ernie Stevenson, 14585 Millards Road
Kathy Mechling, 13863 Millards Ranch Lane
Don Mechling, 13863 Millards Ranch Lane
Dave Smith, 14514 Millards Road
Stephanie Kicinski, 14545 Cedar Ridge Court
John Greenwood, 14545 Cedar Ridge Court
Carl Carlson, 14564 Cedar Ridge Court
Z. Divjak, 14544 Millards Road
Robert Griswold, Dos Amigos Way
Antoine Georges, Dos Amigos Way
Carol Georges, Dos Amigos Way
Speakers cited the increased traffic on a narrow private road and the
inconsiderate behavior of some of the riders when they cross neighboring private
property. They stated Mr. Steiner's operation at approximately 40 horses was
tolerable to the neighborhood.
Councilmember Cafagna stated that Mr. Steiner ignored his neighbors concerns as
he enlarged his operation and they finally said he had "gone too far". He asked
how Mr. Steiner establishes legal access to the road. City Attorney Eckis stated
Mr. Steiner and his neighbors are currently in litigation and that will be
determined as part of the litigation.
In response to Mr. Steiner's request for changes in the Resolution, Director of
Planning Services Wright-Quastler stated she would recommend the traffic
mitigation fees be paid in 30 days, the substandard housing be eliminated by
March 13, 1995, changing the existing bathroom to handicapped access meets State
requirements, the well only has to be properly abandoned if there will be corrals
on top of it, and the other dates can be changed as requested.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing, issue a Mitigated Negative Declaration, and adopt Planning
Resolution No. P-94-57, entitled "A Resolution of the City Council of the City
of Poway, California Approving Conditional Use Permit 94-09, Assessor's Parcel
Number 321-271-02," amended to allow 45 horses, and changes in dates approved by
the Director of Planning Services. Motion carried 3-1 with Councilmember Emery
voting "no" and Councilmember Snesko absent. City Attorney Eckis requested staff
bring back a copy of the amended Resolution for Council review.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 94-15
VARIANCE 94-05
APPLICANTS: FRAN AND SANDI VERHIEJAN
Mayor Higginson opened the public hearing. Staff report by Director of Planning
ServicesWright-Quastler. This is arequesttooperateahorseboardingfacility
for up to 25 horses and riding school for up to 17 riding lessons per week with
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a maximum of 43 students on 4.35 acres located at 12811 Welton Lane, and a
variance to allow horses to be kept within the required front yard setback.
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 Mitigated Negative Declaration, and adopt Planning
Resolution No. P-94-58 entitled, "a Resolution of the City Council of the City
of Poway, California, Approving Conditional Use Permit 94-15 and Variance 94-05,
Assessor's Parcel Number 323-280-18." Motion carried 4-0 with Councilmember
Snesko absent.
ITEM 13 (1402-02)
POWAY LIBRARY AND SHERIFF SUBSTATION
Mayor Higginson stated this item would be taken out of order. Staff report by
City Manager Bowersox. Staff is recommending the City Council review the proposed
site plan and approve the concept of locating the Sheriff substation on the
former Western Lumber site along with the library and authorize staff to proceed
with the design of a 15,000 square foot substation which the County would lease.
Architect Richard Cardwell showed a proposed site plan with the front door of the
library facing Poway Road and the Sheriff Substation on the rear of the property.
Speaking in opposition to staff recommendation
Howard Stacklin, 13149 Tobiasson Road
Kathy Shawl, 13239 Ann-o-Reno Lane
Susan Sheldon, 13411Starridge Street
Larry Cruse, 13734 Utopia
Jerry Hargarten, 13622 Orchard Gate Road
Alison Farrin, 15134 Oak Canyon Road
Joye Davisson, 13733 Celestial Road
Speakers questioned whether the Sheriff is a compatible use with the library;
whether there would be room for library expansion on the site; why the library
would have to be on the back of the site if something other than the Sheriff
shared the site; and why we aren't focusing on getting the library constructed
rather than the Sheriff's facility.
Assistant City Manager Fitch stated the City Council has previously approved
placing the library on the rear of this site. The Library Advisory and Poway
Road Specific Plan Committees have recommended it be placed on Poway Road. The
City Council would have to authorize that change which is why this item is being
brought forward. Any commercial use would want the Poway Road frontage rather
than the rear, which is why the Sheriff's substation is a good match.
Council discussed the issue of whether the Sheriff is a compatible use and where
the library should go on the site, and concurred this issue should be continued
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in order to have a full Council present. Staff was directed to place this on the
December 13, 1994 agenda and bring back information on what other options we have
financially if the library goes on Poway Road, and what other sites have been
looked at for the Sheriff's facility.
ITEM 7 (203-22R)
REDEVELOPMENT AND HOUSING
FIVE YEAR IMPLEMENTATION PLAN
Mayor Higginson opened the public hearing. Staff report by Director of
Redevelopment Services Shafer. Assembly Bill 1290 became effective on January
1, 1994 and requires all California redevelopment agencies to prepare and approve
five year implementation plans. This report reviews the Redevelopment and
Housing Implementation Plan from 1993-94 to 1997-98. The recent passage of
Senate Bill 732 requires additional information to be included which is currently
under preparation. Staff recommends approval of the Plan.
Speaking in opposition to staff recommendation:
Harold Williams, 13148 Tobiasson Road, asked about low income housing
proposed for Pomerado Road.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and approve the Five Year Implementation Plan. Motion carried
4-0 with Councilmember Snesko absent.
ITEM 14 (705-13)
HIGH VALLEY ROADWAY ASSESSMENT DISTRICT
Staff report by City Manager Bowersox. The roads in the High Valley neighborhood
are currently maintained by the County under County Service Area (CSA) 5.
Previous Council direction has required that the roadways be brought up to City
standards before they are transferred to the City for maintenance. A conceptual
plan has been developed through a cooperative effort by the High Valley
Homeowners Association, Councilmember Cafagna, City and County staff. A new
assessment district would be created and CSA 5 would be abandoned. The plan
assumes a $125,000 contribution from the County which was negotiated by
Councilmember Cafagna, a matching contribution from the City's Street Development
Fund, and the balance funded by the assessment district.
Speaking in opposition to staff recommendation:
Gerald Carrier, 15214 Eastvale Road
Charles Hayes, 15147 Eastvale Road
Dan Steussy, 15249 Eastvale Road
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Speakers asked for a workshop before the Council takes action in order to have
their concerns met, particularly regarding Eastvale Road.
Speaking in favor of staff recommendation:
DeAnne Erickson, 15051Vali Hai Road
Tara Fields, 15387 Vali Hal Road, President of High Valley Association
Motion by Councilmember Emery,
workshop on January 5, 1995.
absent.
seconded by Councilmember Callery to hold a
Motion carried 4-0 with Councilmember Snesko
(Councilmember Emery left the meeting.)
ITEM 8 (701-04)
ORDINANCE NO. 439/FIRST READING
AMENDING REDEVELOPMENT PLAN TIME LIMITS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
439, "An Ordinance of the City of Poway, California, Amending Certain Time Limits
in the Redevelopment Plan for the Paguay Redevelopment Project Area." Staff
report by City Manager Bowersox. Assembly Bill 1290 became effective on January
1, 1994 and requires the City Council to bring the time limits of the
Redevelopment Plan into conformity with its provisions. Ordinance No. 439 meets
that requirement.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive
further reading and continue the public hearing to December 13, 1994 for second
reading. Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 9 (402-05)
PARKING, FISHING, AND BOAT RENTAL FEES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff has reviewed the current Lake Poway fishing and boating fee
structure with the Parks & Recreation Committee. Staff is recommending
increasing fees for adult fishing permits from $3.50 to $4.50, boat permits for
full day motor from $12.00 to $15.00, half day motor from $9.00 to $12.00, full
day row from $5.00 to $10.00 and half day row from $4.00 to $7.00.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and adopt Resolution No. 94-126, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing Parking, Fishing and Boat
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Rental fees at Lake Poway Recreation Area and Rescinding Resolution No. 91-121."
Motion carried 3-0 with Councilmembers Emery and Snesko absent.
ITEM 10 (401-30)
CDBG FUND ALLOCATION FOR 1994-95
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City receives an annual allocation of Community Development Block
Grant funds. Staff is proposing allocation of $271,442 in 21st year funding as
follows: $11,000 to Affordable Housing Assistance and Referral Program; $130,000
to CDBG Housing Rehabilitation Program; $67,000 to public street access ramps to
meet Americans with Disabilities Act requirements; $28,000 to ADA improvements
at Poinsettia Mobile Home Park; $8,500 to tot lot at Old Poway Park; and $20,000
miscellaneous ADA improvements.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and approve staff recommendation. Motion carried 3-0 with
Councilmembers Emery and Snesko absent.
ITEM 11 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
ELIZABETH HOSPICE "LIGHT UP A LIFE"
Staff report by City Manager Bowersox. On November 1, 1994, representatives from
the Elizabeth Hospice made a presentation to the City Council regarding their
"Light up a Life" fund raising program to serve the terminally ill and their
families. Staff recommends a $500 community contribution donation.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve
staff recommendation. Motion carried 3-0 with Councilmembers Emery and Snesko
absent.
ITEM 12 (208-03R)
AFFORDABLE HOUSING REHABILITATION PROGRAM
Staff report by City Manager Bowersox. The City Council/Redevelopment Agency
approved the Affordable Housing Rehabilitation Program on November 30, 1993 and
requested a report following the first year of operation. The program has been
very successful and staff anticipates exhausting the $1.5 million in initial
funding within four months.
Council concurred to receive and file the report.
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ITEM 15 (706-02)
ADJUSTED TAX P~ATE FOR CFD #88-1
Staff report by City Manager Bowersox. Staff scheduled a Resolution establishing
an adjusted special tax levy for Community Facilities District No. 88-1 for
Fiscal Years 1992-93 and 1993-94 for this meeting as a staff report. It requires
a public hearing and staff recommends the item be removed from this agenda and
noticed as a public hearing for the December 13, 1994 City Council meeting.
ITEM 16 (704-10)
PET SUPPLY WAREHOUSE
Staff report by City Manager Bowersox. On October 18, 1994, Cheryl LaPorte spoke
regarding veterinary activities at Pet Supply Warehouse. Veterinary clinics are
not allowed in the Community Commercial zone however staff has concluded that
seven hours a week of "well-pet clinic activities" is an accessory use to the
primary, permitted pet store use. Staff recommends the City Council receive and
file the report.
Speaking in opposition to staff recommendation:
Linda Boyer, 15244 Espola Road
Cheryl LaPorte, 14265 Jerome Drive
Speaking in favor of staff recommendation:
Jerry Dressel, 1164 Morning Creek, San Diego
Dr. Richard Johnson, 380 Broadway, E1Cajon
Dr. Charles Troftgnumber, 12508 Salmon River, San Diego
Council concurred to receive and file.
ITEM 28 (203-07)
TEMPORARY USE PERMIT 94-89
APPLICANT: GREEN VALLEY ESTATES
Mayor Higginson stated the original staff recommendation on this item was to
approve and was changed to deny prior to the meeting. The applicant presented
slips to speak in opposition to the revised recommendation following approval of
the Consent Calendar and requested the item be continued. Council concurred to
disregard the action to deny and to place it on the agenda for December 13, 1994.
CITY ATTORNEY ITEMS
City Attorney Eckis stated the closed session he had scheduled for this meeting
can be pulled from calendar.
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NAYOR AND CITY COUNCIL-INITIATED ITENS
39. Councilmember Emery had left the meeting before his item came up.
be rescheduled for December 13, 1994.
ADJOURNNENT
Mayor Higginson adjourned the meeting at 12:15 a.m. on November 30, 1994.
Marjorie K~ Wahlsten, City Clerk
City of'~.~ay
It will
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