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CC 1997 02-25 CITY OF POgAY, CALIFORNIA MZNUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 25, 1997 The February 25, 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. COUNCILMENBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Jay Goldby STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Penny Riley Patrick Foley Scott Nespor City Manager City Clerk City Attorney Assistant City Manager-Economic Develop. Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Assistant to the City Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATION Mayor Higginson stated that on September 24, 1996, Bob Lichter of Braemar Partners, new owners of Creekside Plaza, pledged $1,000 to each Councilmember to award to an organization or citizens of their choice. Mayor Higginson announced that he is presenting his $1,000 to the Poway Foundation for the Performing Arts. Beverly Steres, Foundation President, was present to accept the check. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6015 Page 2 - CITY OF POWAY - February 25, 1997 CONSENT CALENDAR Mayor Higginson noted that there is a replacement resolution on Item 11 that has been distributed. Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the Consent Calendar as follows: Approval of Minutes - City Council January 28, lg97, Regular Meeting Ratification of Warrant Register for period of February 3 - 7, 1997 (401-10) 10. Adoption of Planning Resolution No. P-97-05, entitled, mA Resolution of the City Council of the City of Poway, California, Approving Comprehensive Sign Program 92-02M, Assessor's Parcel Numbers 317-130-68," for Grant/Sapp Center located at the southeast corner of Community Road and Hilleary Place in the Town Center District. (203-15) 11. Adoption of Resolution No. 97-011, entitled, mA Resolution of the City Council of the City of Poway Expressing its Support for a 150-acre Lagoon Restoration Project at the San Dieguito Lagoon," (1503-28) Motion carried 4-0 with Councilmember Goldby absent. ITEM i (203-24) MINOR CONDITIONAL USE PERMIT 96-06 APPLICANT: HENRY ROSE Mayor Higginson opened the public hearing and stated that the applicant had requested this item be continued to March 4, 1997. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue consideration of Minor Conditional Use Permit 96-06 to March 4, 1997. Motion carried unanimously. ITEM 2 (203-21) SPECIFIC PLAN AMENDMENT 84-01HH LAND USE DESIGNATION CHANGES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Staff proposes an amendment to the South Poway Specific Plan to amend the land use designations on three lots: Light Industrial (LI) to South Poway 6016 Page 3 - CITY OF POWAY - February 25, 1997 Commercial (SPC} on Lot 23, Industrial Park (IP} to SPC on Lot 89 and SPC to LI on Lot 92 of the Pomerado Business Park. Speaking in opposition to staff recommendation: Ed property Road. Malone, 17150 Old Coach Road, stated he does not want commercial in the business park because of all the vacancies existing along Poway Director of Planning Services Wright-Quastler stated the commercial uses are limited. This change is being done to accommodate a large nursery. Speaking in favor of staff recommendation: Ken Andersen, 3642 Enterprise, San Diego, representing Walter Andersen Nursery. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 97-012, entitled, ~A Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01HH)." Motion carried 4-0 with Councilmember Goldby absent. ITEM 3 (702-02) JUNE 3, 1997 SPECIAL ELECTION Staff report by City Attorney Eckis. On February 11, 1997, the City Council directed staff to prepare the documents necessary to call an election to submit to the voters the fire protection fee as a special tax. The ordinance has been prepared to levy the tax in precisely the same manner as the fee has been levied since 1983. The cost to an average single family owner is $31.20 per year. The proposed ballot wording is "Shall an Ordinance replacing the fire protection fee in effect in Poway since 1982 with a fire protection special tax be adopted which will not increase the amount of the assessment and will be used only for fire protection purposes?" Speaking in opposition to staff recommendation: Ed Malone, 17150 Old Coach Road Speaking in favor of staff recommendation: Bud Wiederrich, 13440 St. Andrews Place, representing the Chamber of Commerce. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 97-013, entitled, UA Resolution of the City Council of the City of Poway, California, Calling and Giving Notice of the Holding of a Special 6017 Page 4 - CITY OF POWAY - February 25, lgg7 Municipal Election to be held on Tuesday, June 3, 1997, for the Submission to the Qualified Voters a Proposed Ordinance to adopt as a special Tax the Fire Protection Fee Established by Poway Municipal Code Chapter 3.20,n and Resolution No. 97-014, entitled, 'A Resolution of the City Council of the City of Poway, California Authorizing its Members to File a Written Argument or Arguments Regarding City Measures and Directing the City Attorney to Prepare an Impartial Analysis,~ and cancel the City Council meeting of June 3, 1997. Motion carried 4-0 with Councilmember Goldby absent. ITEM 4 (1302-01) REPLACEMENT OF SHAKE-SHINGLE ROOFS Staff report by Director of Planning Services Wright-Quastler. Supervisor Bill Horn convened a Fire Safe Roof Task Force after the Harmony Grove Fire to look into ways that property owners could be encouraged to replace shake-shingle roofs with fire safe roofs. Staff attended these meetings and various incentives were identified. Staff recommends four actions based on the Task Force's recommendations: encourage adoption of legislation which would provide tax credits or low interest loans for reroofing from shake-shingle to Class A materials; authorize waiving the City's portion of building permit fees for one year for reroofing; direct staff to prepare an ordinance which would require the installation of Class A roofing materials for new roofs and reroofs citywide; and expand the fire safety program to educate property owners on the benefits of Class A roofs. Speaking in favor of staff recommendation: Gerald Livingston, 6336 Greenwich Drive, Suite A, San Diego, representing the Building Industry Association. Following discussion, motion by Councilmember Emery, seconded by Councilmember Rexford to approve staff recommendation. Motion carried 4-0 with Councilmember Goldby absent. ITEM 5 (203-14) DEVELOPMENT REVIEW 96-31 APPLICANT: SHEA HOMES Councilmember Rexford stated she lives within 2,500 feet of this project and would disqualify herself from participating in the decision. She left the room. Staff report by Director of Planning Services Wright-Quastler. This development review is for 120 single-family homes on 115 acres southwest of the Scripps Poway Park and Pomerado Road intersection. The homes are 3,000 to 4,000 square feet on 20,000 square foot minimum lots. 6018 Page $ - CITY OF POWAY - February 25,1997 Speaking in favor of staff recommendation: Russ Haley, 10721Treena Street, San Diego, representing Shea Homes Councilmember Emery emphasized that the roofs should not all look alike. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Planning Resolution No. P-97-06, entitled, 'A Resolution of the City Council of the City of Poway, California approving Development Review 96-31, Assessor's Parcel Numbers 320-011-20 {ptn.), 23, 25 (ptn.), 30." Motion carried 3-0 with Councilmember Goldby absent and Councilmember Rexford disqualified. (Councilmember Rexford re-entered the meeting.) ITEM 6 (203-09) DETERMINATION RE CARD LOCK FUEL CENTER IN SOUTH POWAY Staff report by City Manager Bowersox. SKS, Inc. is seeking a determination that a card lock fuel center is within the intent and purpose of the Light Industrial land use designation and is similar in character to a conditional use of fuel storage tanks. If the City Council makes such a determination, they will proceed with an application for a conditional use permit. The use would not be open to the general public and would primarily serve vehicles of businesses within the business park. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Emery to interpret that the proposed card lock fuel center is similar in character to bulk fuel storage as a conditional use within the Light Industrial land use designation and allow the applicant to submit a conditional use permit application. Motion carried 4-0 with Councilmember Goldby absent. ITEM 6.1 (602-01 #1188) LEASE WITH COX COMMUNICATIONS FOR ANTENNAS ON PERFORMING ARTS CENTER Staff report by City Manager Bowersox. Cox Communications has requested permission to install and maintain personal communication system antenna facilities on the roof of the Performing Arts Center. No comments were received by surrounding property owners and staff approved Minor Development Review 96-66. Staff recommends approval of a lease. Motion by Mayor Higginson, seconded by Councilmember Cafagna, to approve the lease agreement with Cox Communications PCS, LP. Motion carried 4-0 with Councilmember Goldby absent. 6019 Page 6 - CITY OF PONAY - February 25, ]997 CXTY ATTORNEY ZTEPlS City Attorney Eckis requested two closed sessions with the City Council: A) existing litigation in accordance with Government Code Section 54956.9(a), Poway Property Owners v. City of Poway, San Diego Superior Court Case No. 698367; and B) anticipated litigation in accordance with Government Code Section 54956.9(c). Regarding the first closed session, he stated that the judge had denied the writ of mandate filed by the plaintiffs and praised the City for taking on a project of this scope. City Attorney Eckis announced he is joining the City in amicus briefs in the case of SDG&E v. the City of Carlsbad, and Howard Jarvis Taxpayers Association v. the City of La Habra. CLOSED SESSION Mayor Higginson called for a closed session at 8:00 p.m. CALL TO ORDER AND AD~OURNNENT Mayor Higginson called the meeting back to order at 8:20 p.m. and stated he had disqualified himself from the closed session regarding anticipated litigation because of a financial conflict of interest under the Political Reform Act. He adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Rexford. Wahlsten, City Clerk Y 6020