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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 57o6 Page 2 - CITY OF POWAY - January ]6, 1996 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 5707 Page 3 - CITY OF POWAY - January ]6, ]996 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 5708 Page 4 - CITY OF POWAY - January 16, 1996 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 5709 Page 5 - CITY OF POWAY - January 16, 1996 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 5710 Page 6 - CITY OF POWAY - January 16, 1996 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 5711 Page 7 - CITY OF POWAY - January 16, 1996 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 5712