CC 2001 03-20CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MARCH 20, 2001
The March 20, 2001, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Deputy Mayor Goldby at the City Council Chambers,
13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rex'ford
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Tamara Smith
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
John Tenwolde
Patti Brindle
Jim Lyon
David Narevsky
Ingrid Alverde
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
Assistant City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Sheriff's Captain
City Planner
Associate Planner
Redevelopment Manager
Economic Development Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
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Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy situation.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the
remainder of the Consent Calendar as follows:
3. Ratification of Warrant Register for the Period of February 19-23, 2001. (401-10)
Approval of Minutes - City Council
February 27, 2001 - Regular Meeting
March 1, 2001 - Adjourned Regular Meeting
o
Approval of Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items for the Period of December 01, 2000 through February 28,
2001. (701-10)
6.1
Adoption of Resolution No. 01-010 - Commending Eagle Scout Ryan J. Velasco.
(701-17)
6.2
Adoption of Resolution No. 01-011 - Supporting Legal Clarification of Preferential
Rights Under Section 135 of the Metropolitan Water District Act. (1503-03)
6.3
Consideration of Request to Transfer the Disposition and Development Agreement
Requirements for Poway Hyundai, 13631 Poway Road from HMT Automotive to
W & S Automotive, Inc. (602-01 #273R)
6.4
Request for Appropriation of $1,159,000 from the Unappropriated General Fund to
Acquire a 1.54 Acre Parcel at 13100 Poway Road (APN 317-101-06). (1002-01R)
Motion carried 4-0 with Mayor Cafagna absent.
ITEM 1 (701-04)
ORDINANCE NO. 536/FIRST READING
TREATMENT OF RODEO ANIMALS
Deputy Mayor Goldby opened the public hearing and read the title of Ordinance No. 536,
"An Ordinance of the City Council of the City of Poway, California, Adding Chapter 6.24 to
the Poway Municipal Code Regulating the Treatment of Rodeo Animals."
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Staff report by City Manager Bowersox. This is a proposal to enact a City ordinance
requiring humane treatment of all rodeo animals. January 9, 2001, after consideration of
information collected by staff concerning rodeo ordinances in California and the
perspectives presented by the public, Council directed staff to prepare an ordinance that
restricts the use of certain devices and further assures the humane treatment of rodeo
animals. Since the time of preparing the report, the City Attorney has requested Section
6.24.040 be clarified to state that civil action shall be commenced only by the City Attomey
and civil fines shall be payable to the City of Poway. Additionally, staff has learned of a
new device known as a neoprene-lined flank or bucking strap, and a common practice of
using a soft cotton rope for bull riding.
The following people were present wishing to speak:
Tommy Moore, 18555 Wild Horse Creek, representing San Diego Animal Advocates,
spoke in opposition.
Jane Cartmill, 224 Countryhaven, Encinitas, representing San Diego Animal Advocates,
spoke in opposition.
Russ Sheldon, 14325 Midland Road, spoke in support.
Pamela Conley, 14133 Tarzana Road, representing San Diego Animal Advocates spoke in
opposition.
Cindy Schonholtz, 101 Pro Rodeo Drive, Colorado Springs, Colorado, representing the
Professional Rodeo Cowboys Association, spoke in support and responded to questions.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to waive
further reading and continue the public hearing to April 3, 2001 for second reading and
adoption of Ordinance as amended to include Section 6.24.040 clarification that civil action
shall be commenced only by the City Attorney and that civil fines shall be payable to the
City of Poway; Section 6.24.010A amended to read "Flank or bucking straps unless the
strap is fleece-lined or neoprene-lined or, in the case of bull riding, a soft cotton rope at
least 5/8 inches in diameter and 6.24.020 to specify the large animal, non-contestant,
veterinarian shall be licensed in California. Motion carried 3-1 with Councilmember Emery
voting "no" and with Mayor Cafagna absent;
ITEM 2 (203-14/203-04)
DEVELOPMENT REVIEW 00-22
VARIANCE 01-03
POWAY LIBRARY PLAZA
APPLICANT: TIM MEISSNER
Deputy Mayor Goldby opened the public hearing. Introduction by City Manager Bowersox.
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Staff report by Development Services Director Fritz. This is a request to renovate the
27,000 square-foot Library Plaza commercial shopping center, including the construction of
an additional 5,998 square-foot building within the center, and a Variance to substitute a
six foot-high wood fence for an eight foot-high masonry wall located at 13132-72 Poway
Road.
The following people were present wishing to speak:
Patrick Van den Bergh, 13117 VVanesta Drive, spoke in opposition to the variance for a
wooden fence.
Tim Meissner, applicant, spoke in support of the request and responded to questions of the
Council.
General discussion ensued with Council concurring that an 8 foot masonry wall be
required.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-01-11, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Development Review 00-22 and
Denying Variance 01-03 Assessor's Parcel Number 317-101-09, 10, 31 and 32." Motion
carded 4-0 with Mayor Cafagna absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
10. Deputy Mayor Goldby requested staff identify means to provide an early warning
system for residents and business owners regarding pending blackouts.
11.
Councilmember Rexford announced that the regional committee that was studying
ways to reduce gridlock on Interstate 15, agreed Friday to drop a proposed State
Route 125 extension through Poway from the list of alternatives they were
considering.
ADJOURNMENT
Deputy Mayor Goldby adjourned the meeting at 8:10 p.m., upon motion by Councilmember
Higginson, seconded by Councilmember Emery with Mayor ~;afagna absent.
~-o~i-Anne-Peoples, City ~lerk
City of Poway 7188