CC 1996 01-16 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
~ANUARY 16, 1996
The January 16, lg96, 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 Poway
Community Center, 13094 Bowron Road, Poway, California.
COUNCILNEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEgBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Warren Shafer
Mark Sanchez
Alan Fulmer
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 Redevelopment Services
Director of Safety Services
Sheriff's Captain
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
ITEM 3.1 (203-11)
GENEP~AL PLAN AMENDMENT/ZONE CHANGE 96-01
CONDITIONAL USE PERMIT 95-07
APPLICANT: DEBBIE BRITT-HAY
Mayor Higginson announced that since Councilmember Callery had recently had
surgery she is not able to stay longer than two hours and he will take Item 3.1
first and trail all other items.
Councilmember Emery stated he was disqualified and would not participate in this
item. He left the room.
Item introduced by City Manager Bowersox. When this item was initiated on
December 19, 1995, a neighbor addressed the City Council and stated that the
CC&Rs of Culebra Hills prohibit any commercial uses. The City Attorney continues
to advise that CC&Rs are a contract between homeowners, and any enforcement is
a civil matter that the City is not a party to.
Staff report by Director of Planning Services Wright-Quastler. Staff is
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recommending that the City Council discuSS ail the issues related to the General
Plan Amendment, Zone Change and Conditional Use Permit because they are all
inter-related. However, the only items that can be acted on are the General Plan
A~nendment and first reading of the Zone Change Ordinance. The Conditional Use
Permit cannot be acted on until the second reading of the Zone Change Ordinance
is held.
This is a request to redesignate a 6.1 acre property located at 14305 Twin Peaks
Road from Rural Residential C (RR-C) to RR-B in order to apply for a Conditional
Use Permit to stable up to 40 horses and operate a training facility. In order
to stable more than g horses, property must be designated RR-A or RR-B and obtain
a conditional use permit. This property meets the standards for RR-B and staff
recommends approval.
Speaking in favor of staff recommendation:
Debbie Britt-Hay, 14305 Twin Peaks Road
Clancy Wilson, 11084 Red Cedar, San Diego
Catherine Wilson, 11084 Red Cedar, San Diego
Ann Laux, 12710 Roca Grande
J. M. Herring, 600 Coronado Avenue, Coronado
Susan Brady, P.O. Box 675456, Rancho Santa Fe
Michael Rothbart, 14441 Range Park
Robert Coates, 14341 York Avenue
Adrienne Regard, 14908 Espola Road
Sylvia Swenson, 13824 Stoney Gate Place, San Diego
Tom Fincher, 10691 Canyon Lake Drive, San Diego
Speaking in opposition to staff recommendation:
Tom Nelson, 14321 Twin Peaks Road
Paul Fisher, 14265 Twin Peaks Road
Steven Bray, 14128 Mazatlan Court, Bishop of 2nd Ward of Church of Jesus
Christ of Latter Day Saints
Mark Cuthbert, 14170 Poway Road
Robert Acotto, 14423 Sespe Place
Tina Certonio, 14423 Sespe Place
Bill Barnick, 14645 Sunrise Canyon Road
Bill Wilson, 14434 Sespe Place
Becky Brooks, 14617 Carlson Court
Cathy Bencivengo, 14772 Carlson Court
Vicki Nelson, 14321 Twin Peaks Road
Ron Connors, 14681 Carlson Street
Elise Houseman, 14704 Kalapana Street
Gary Houseman, 14704 Kalapana Street
Pete Bauer, 14113 Ezra Lane
Valerie Rinder, 14353 Twin Peaks
Janice Johnson, 14407 Twin Peaks Road
Matthew Rinder, 14353 Twin Peaks Road
Gary Erickson, 14752 Kalapana Street
Edward Johnson, 14366 Carnitas Street
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Eric Beall, 14701Kalapana Street
Beverly French, 14446 Sespe Place
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:30 p.m. and called it back to order at
8:36 p.m. with all Councilmembers present.
Speaking in opposition to staff recommendation:
John Bohaslar, 14624 Kalapana
David Zan, 14385 Twin Peaks Road
Alan Parry, 14433 Sespe Place
Elaine Beck, 14440 Sespe Place
Patty McKinney, 13760 Calle Seco
Michael Snodgrass, 14608 Kalapana
Jim Collins, 14337 Twin Peaks
Lawrence Eyre, 14433 Range Park Road
Peggy Talbot, 14736 Kalapana
Gloria Connors, 14681 Carlson
Sheri Woodley, 14652 Carlson
Howard Glenn, 14705 Carlson
Sheila Roesnik, 14153 Rio Court
Joseph Scott, 14653 Kalapana
Doug Clark, 14665 Carlson
Wayne Ferazier, 14233 Twin Peaks
Scott Jenkins, 14765 Kalapana
David Rappold, 14633 Carlson
Louis Zolkiewitz, 14621Kalapana
Charles Ellison, 14656 Kalapana
Speaking in favor of staff recommendation:
Mark Hay, 14305 Twin Peaks
Alison Farrin, 15134 Oak Canyon
Kevin May, D.V.M., 560 Johnson, E1Cajon
Speakers in opposition expressed concerns regarding traffic, noise, dust,
contamination of the creek, lack of perimeter fencing and runaway horses, fatal
diseases carried by horses, increased liability for the church, and change in
character of the neighborhood.
Councilmember Callery stated she feels a Conditional Use Permit needs the support
of the neighbors and, lacking that, she cannot support the application.
Councilmember Rexford concurred. Councilmember Cafagna stated it would be
desirable for the neighborhood to get together with Mrs. Britt-Hay and work out
a compromise. He feels the Hays are good people who will be good neighbors.
Motion by Councilmember Rexford, seconded by Councilmember Callery to deny the
application for the General Plan Amendment/Zone Change 96-01 and Conditional Use
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Permit 95-07. Motion carried 4-0 with Councilmember Emery disqualified.
(Councilmember Callery left the meeting.)
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 95-07
Mayor Higginson stated this item was placed on this agenda when it was believed
that action on the General Plan Amendment would be taken on January 9, 1996.
Motion by Councilmember Emery, seconded by Councilmember Rexford to remove this
item from calendar. Motion carried 4-0 with Councilmember Callery absent.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at g:40 p.m. and called it back to order at
g:50 p.m. with all Councilmembers present except Councilmember Callery.
ITEM 5 (701-04)
ORDINANCE NO. 455/FIRST READING
JUVENILE LOITERING DURING SCHOOL HOURS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Councilmember Rexford, a member of the Alcohol and Drug Abuse Task
Force (A/)APT), has requested staff develop an ordinance that addresses juvenile
truancy, vandalism, petty theft and daytime burglary. The City of Adalanto has
developed such an ordinance and ADAPT has urged all cities and the County of San
Diego to adopt a similar ordinance.
City Attorney Eckis presented a revision to Section 9.26.030 to remove "idle,
wander, or be in or" and change the last line to read "on days and at time times
when such person's school is in session." With these changes he recommends first
reading be continued to the next meeting.
Speaking in favor of the ordinance:
Linda Oravec, Executive Director of ADAPT, 13874 Midland Road
Mike Mercurio, Sheriff's gang suppression detective assigned to Poway
Speaking in opposition to the ordinance:
Marie Gunther, 13979 Country Creek Road
Richard Ludwig, 12720 Metate Lane
Michael Norbeck, 12805 Estrella Vista
Stewart Bakalchuck, 11510 Garden Road
Councilmember Emery stated that as a school teacher, he is in favor of any means
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to keep children in school.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
first reading to January 23, 1996. Motion carried 4-0 with Councilmember Callery
absent. Staff was requested to get confirmation from Poway Unified School
District that they are in favor of this Ordinance.
ITEM 6 (203-02)
TENTATIVE PARCEL MAP 95-05
APPLICANTS: JIM FAABORG AND SHARON BURGREEN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 5.63 acre parcel into two lots at
14130 Tierra Bonita Road. This was originally subdivided as TPM 93-01. The map
expired before an application for a time extension was received so a new map is
required. No change is being proposed and certain improvements have been
completed. Staff recommends approval.
Speaking in opposition:
Ed White, 13800 Temple Way
Sara Hoege, 13902 Temple
Speakers expressed concern regarding drainage onto their property.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-g6-01, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Parcel
Map 95-05, Assessor's Parcel Number 321-180-72." Motion carried 4-0 with
Councilmember Callery absent. Staff was directed to investigate the drainage
problems discussed by the speakers.
(Councilmember Cafagna left the room.)
ITEM 6.1 (1401-02)
LIBRARY FINAL SCHEMATIC DESIGN
City Manager Bowersox recommended this item be continued to January 23, 1996.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
consideration of the final schematic design for the library to January 23, 1996.
Motion carried 3-0 with Councilmember Callery absent and Councilmember Cafagna
out of the room.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Mayor Higginson to approve the Consent
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Calendar as follows:
Ratification of Warrant Register for period of December 25-29, 1995.
(401-10)
e
Approval of Second Amendment to Agreement with the County of San Diego for
the Management and Implementation of an Eighteenth-Year Community
Development Block Grant (CDBG) Project. {602-01 #7gg)
Approval of First Amendment to Facilities Lease Agreement Between the City
of Poway and Poway Historical Museum Building and Nelson House at Old
Poway Park. {602-01 #712}
10. Denial of Claim for Damages: Richard L. DeWitt
(704-13)
10.1
Approval of positions on pending legislation: oppose AB 1392 which
mandates all cities to participate in the Uniform Construction Cost
Accounting procedures; and Proposition 199 regarding mobile home rent
control restrictions. (701-11)
Motion carried 3-0 with Councilmember Callery absent and Councilmember Cafagna
out of the room.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session conference with the City's Labor
Negotiator, City Manager Bowersox, to discuss negotiations with the City's non-
safety employees, pursuant to Government Code §54956.6.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16A.
Councilmember Rexford stated she had met with staff and a consultant
regarding a golf course in the South Poway Business Park and would like
for the City Council to discuss having a plan prepared for a golf course.
City Manager Bowersox stated staff will prepare a report for February 6,
1996.
17A.
Mayor Higginson requested and received concurrence for a pre-development
conference for Airtouch Cellular for a facility on the Pomerado water
reservoir site at Brookstone and Sagecrest Streets. (203-18)
17B.
Mayor Higginson stated we need a second alternate to the San Dieguito
River Valley Joint Powers Authority. Councilmember Callery is the
representative and he is the first alternate. Councilmember Rexford
volunteered and was appointed.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
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following persons were present wishing to speak:
Joseph Diaz, 12820 Montauk, stated they have suspended the recall efforts.
Bill Barnick, 14645 Sunrise Canyon Road, played a tape of a portion of
Mayor Higginson's comments during the December 12, 1995 meeting Public Oral
Communications when he instructed staff to not spend more time on Mr. Barnick's
complaints.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 10:45 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:05 p.m. with all
Councilmembers present except Councilmember Callery and adjourned the meeting
on motion by Councilmember Emery, seconded by Councilmember Cafagna.
rjorie'~K. Wahlsten, City Clerk
City of Poway
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