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.
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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
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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
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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.
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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.
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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
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