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CC 1997 09-23 CITY OF POWAY, CALIFORNIA MINUTES OF THE CiTY COUNCIL REGULAR MEETING SEPTEMBER 23, 1997 The September 23, 1997, 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, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Steve Streeter John Falconer David Narevsky Penny Riley Scott Nespor Lori Peoples City Manager City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Principal Planner Sheriff's Captain Redevelopment Manager Assistant to the City Manager Management Assistant Assistant City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. Mayor Higginson presented completion certificates and badges to four members of the 9th graduating class of Volunteer Park Rangers: Diana George, Eugen Gryg, Lisa Keeley and Robert Shaw. Sharon Hill, the fifth member of the class, was not present. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6179 Page 2 - CITY OF POWAY - September 23, 1997 CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the Consent Calendar, as follows: Approval of Minutes - City Council: September 2, 1997 Regular Meeting September 9, 1997 Canceled Meeting 9. Ratification of Warrant Register for period of September 1-5, 1997.(401-10) Motion carried unanimously. ITEM 1 ORDINANCE NO. 486/FIRST READING REGULATIONS FOR ADULT ORIENTED BUSINESSES (701-04) ITEM 2 (203-21) SOUTH POWAY SPECIFIC PLAN AMENDMENT 84-01 II ITEM 3 (701-04) ORDINANCE NO. 487/FIRST READING DELETE ADULT USES IN THE AUTOMOTIVE/COMMERCIAL ZONE Mayor Higginson opened the public headngs and read the title of Ordinance No. 486, "An Ordinance of the City of Poway, California, Repealing Poway Municipal Code Chapter 17.38 in its Entirety and Adding a New Chapter 17.38 to the Poway Municipal Code for Purposes of Establishing Comprehensive Regulations Pertaining to Adult Oriented Businesses (ZOA 97-08)." Councilmember Rexford stated she would disqualify herself from these three items since her home is near one of the commercial areas in the South Poway Planned Community. She left the room. City Manager Bowersox stated that the proposed ordinance regulating adult uses was presented to the City Council at the August 14, 1997 workshop. Staff was directed to bring back the ordinance with allowed location for such businesses in the South Poway Business Park commercial areas, except for those which are near residential or public recreational properties. 6180 Page 3 - CITY OF POWAY - September 23, 1997 City Attorney Eckis stated that, although the community is not in favor of these uses, the City is obligated to provide a reasonable opportunity to allow lawful business to be conducted. Although they can't be prohibited, they can be regulated. Director of Planning Services Wright-Quastler stated since Items 1, 2 and 3 are related it would be easiest to report on them together. Ordinance 486 would allow adult-oriented businesses in the South Poway commercial areas. Since South Poway is governed by a Specific Plan, it is necessary to amend the specific plan to allow these uses. In addition, the amendment allows for body piercing and tattoo parlors in the commercial areas, as directed by the City Council on August 26, 1997. Ordinance 487 amends the Municipal Code to remove sections that are superseded by Ordinance 486. There was no one present wishing to speak on any of these three items. Motion by Councilmember Goldby, seconded by Councilmember Emery to waive further reading; adopt a Negative Declaration; and continue the public hearing to October 7,1997 for second reading and adoption of Ordinance No. 486. Motion carried 4-0 with Councilmember Rexford disqualified. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 97-082, entitled, "A Resolution of the City Council of the City of Poway, California Approving Specific Plan Amendment 84-01 II, an Amendment to the South Poway Specific Plan Regarding Adult-Oriented Businesses, Body Piercing and/or Tattoo Parlors and Various Administrative Changes to the South Poway Commercial Permitted and Conditional Uses (SPA 84-0111)." Motion carried 4-0 with Councilmember Rexford disqualified. Mayor Higginson read title of Ordinance No. 487, "An Ordinance of the City of Poway, California Amending Title 17 of the Poway Municipal Code to Remove Sections of the Code Which are Superseded by Zoning Ordinance Amendment 97-08 and to Delete "Adult Uses" as a Conditionally Permitted Use in the Automotive/Commercial General (NGC Zone (ZOA 97-09)." Motion by Councilmember Goldby, seconded by Councilmember Emery to waive further reading and continue the public hearing to October 7, 1997 for second reading and adoption. Motion carried 4-0 with Councilmember Rexford disqualified. 6181 Page 4 - CITY OF POWAY - September 23, 1997 ITEM 4 (203-08) CONDITIONAL USE PERMIT 96-18 DEVELOPMENT REVIEW 96-23 APPLICANT: ZIP AND LISA LUCIDI Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wdght-Quastler. This is a request to construct a horse boarding and training facility for up to 200 horses with barns, stalls, practice and show arenas, foreman's house, bunk house, office, restrooms, and parking on a 100 acre site at the northwest corner of Poway Road and Highway 67. The Lucidrs own a 90 acre parcel to the west that is not part of this application. Based on the findings of a water study, staff is recommending that the approval be limited to 150 horses until a further water analysis demonstrates additional water is available. Up to 200 horses could be allowed based on the results of the studies. Special events involving horses from outside the facility would require a temporary use permit. Three arenas closest to Poway Road are proposed to be lighted. There is a requirement to turn offthe lights by 9 p.m. The main entrance will be on Poway Road and a 200 foot left-turn lane is to be provided. Staff recommends approval. Speaking in opposition to staff recommendation: Paul Webber, 16320 Ellie Lane Michael Freitas,14830 Highway 67 John Allen, 16611 Highland Valley Road, Ramona Tom Moore, 18555 Wild Horse Creek Nijas Zenkich, 16801 Chaparral Way John Hilsabeck, 11611 Skyline, Santa Aha Carol Davis, 16330 Ellie Lane John Pavin, 16155 Poway Road Dennis Peterson, 15355 Running Deer Trail Speakers cited concerns regarding the use of ground water for this facility with the impact on neighboring wells; inappropriate commercial use of the property; traffic impacts on Poway Grade, particularly from home trailers; lights; dust; and manure. Speaking in favor of staff recommendation: Dutch Van Dierendorkk, 325 Durgin, Ramona Robert Coates, 12710 Roca Grande Ann Laux, 12710 Roca Grande 6182 Page 5 - CITY OF POWAY - September 23, 1997 Lynell Comer, 13005 Tuscarora Dee Doe, 13005 Tuscarora John Kennedy, 14136 Woodhollow Lane Esther Handley, 13125 Vista View Drive Jim Tom Cavanaugh, 12937 Oak Knoll Zip Lucidi, 11974 Avenida Consentido, San Diego Lisa Lucidi, 11974 Avenida Consentido, San Diego Speakers in favor cited the need for additional horse boarding facilities in Poway and the business ability of the Lucidis. The Lucidis stated they need 200 horses to make a profit. 150 horses is their break even point. However, if the water studies show they could have 300 horses, then they want to be allowed to do that. Matt Wiedlin, California Certified Hydrogeologist, who prepared the Preliminary Ground Water Resource Evaluation for the Poway Equi-Plex, described the procedure he followed in doing his study and responded to questions from the Councilmembers. Barry Bevier, Hydrogeologist who reviewed Mr. Wielin's evaluation for the City, also answered questions. Councilmembers stated particular concerns regarding the supply of water. As evidenced by the problems in the Old Coach area, it is difficult to guarantee a supply of water with wells. Councilmember Cafagna stated he believes the Lucidis would be able to get the other property owners together to bring municipal water to this area if there is not enough ground water. Director of Planning Services Wright-Quastler pointed out that the recommended Conditional Use Permit states that "if ground water supplies in the area drop significantly at any time, the facility shall reduce the water drawn from wells to no more than would be used by full residential development of the property at current zoning...." Motion by Councilmember Goldby to permit 300 horses based on the appropriate water and traffic studies. There was no second to the motion. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing, issue a mitigated Negative Declaration, and adopt Planning Resolution No. P-97-51, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-18 and Development Review 96-23, Assessor's Parcel Number 321-011-03," as originally recommendedby staff. Motion carried 4-1 with Councilmember Emery voting "no." 6183 Page 6 - CITY OF POWAY - September 23, 1997 ITEM 5 (1180-05) FRANCHISE FEE REVENUE DONATION Staff report by City Manager Bowersox. For the last three years, the City Council has donated the cable television franchise fee revenue derived from adult cable programming to nonprofit family and social service organizations. Staff recommends that $1,928 be divided evenly and donated to Escondido Youth Encounter (EYE) Counseling and Crisis Center, and For Parents' and Kids Sake Speaking in favor of staff recommendation: Antoinette Fallon, EYE, 200 North Ash, Escondido Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the appropriation of $1,928 for donation to EYE and For Parents' and Kids' Sake. Motion carried unanimously. ITEM 6 (702-00) COUNTY LIBRARY AUTHORITY Staff report by City Manager Bowersox. In November, 1996, a countywide ballot initiative to benefit libraries received approximately 60 pement approval, short of the required two- thirds majority. Approval would have meant approximately $5.8 million over five years to the City of Poway for library purposes. A similar measure is being proposed for the June 2, 1998 ballot. It would provide a countywide one-quarter cent increase in the sales tax for five years. It is necessary to create a County Library Authority and staff recommends adoption of the appropriate resolution. Jim Crosby, 14658 Colony Way, recommended amendment to endorse inclusion of the County Law Library in the Authority. He stated that the Law Library is a public library and only about 40% of the use is by lawyers in the downtown branch, and 20% in the outlying areas. It is used by people who can't afford lawyers. Councilmember Goldby stated he is opposed to a sales tax increase and suggested another source of funding be pursued. Motion by Councilmember Rexford, seconded by Mayor Higginson to adopt Resolution No. 97-083, entitled, "A Resolution of the City Council of the City of Poway, California 6184 Page 7 - CITY OF POWAY - September 23, 1997 Authorizing the Creation of a County Library Authority to Permit the Voters of San Diego County to Consider a one-quarter cent Sales Tex Rate Increase for Five Years to be used Exclusively for Library Improvements," amended to support the inclusion of the Law Library. Motion carried 4-1 with Councilmember Goldby voting "no." CITY MANAGERITEMS City Manager Bowersox stated that the City will receive $105,799 from the most recent COPS funding. City Manager Bowersox announced that Mark Weston, Director of Engineering Services; Danis Bechter, Public Works Inspector; and Tom Howard, Senior Utilities System Technician, received awards recently from the American Public Works Association. CITY ATTORNEY ITEMS City Attorney Eckis stated that the Closed Session regarding Poway Royal Mobile Home Owners Association v. City of Poway can be carried over to the next meeting. City Attorney Eckis reported that the City Council had authorized entering into an amicus brief in the case of Suter et al v. City of Lafayette in August, 1996. The issue was whether State law preempts a City's ability to regulate the sale of firearms. The case was decided in favor of the City. MAYOR AND CITY COUNCIL-INITIATED ITEMS 15. Councilmember Rexford stated she had attended a recent meeting regarding future splits of area codes in San Diego County. Poway is proposed to be divided into two area codes. A meeting has been scheduled for November 13 at the Community Center regarding this issue. 16. Mayor Higginson announced his appointment of Jim Crosby to the Housing Commission. 6185 Page 8 - CITY OF POWAY - September 23,, 1997 ADJOURNMENT Mayor Higginson adjourned the meeting at 10 p.m. on motion by Councilmember Rexford, seconded by Councilmember Emery. Marjorie ~. Wahlsten, City Clerk City or?oWay 6186