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.
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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.
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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.
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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
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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."
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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
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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.
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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
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