CC 1997 09-30 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 30, 1997
The September 30, 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
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
John Falconer
Penny Riley
Scott Nespor
Lori Peoples
City Manager
City Clerk
City Attorney
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
Sheriff's Captain
Assistant to the City Manager
Management Assistant
Assistant City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATIONS
City Manager Bowersox presented service awards to Bill Cummins, Fire
Department, 20 years; Doug Stratton, Public Services Department, Andy Page, Fire
Department, and Steve Streeter, Planning Services Department, 10 years;
Mayor Higginson presented a proclamation for "Up With People Week", October 5-
12, 1997 to members of the troupe.
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PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council:
September 11, 1997 Adjourned Meeting
12. Ratification of Warrant Register for period of September 8-12, 1997. (401-10)
13. Approval of Investment Report for period ending August 30, 1997. (408-01)
14.
Award of Bid for Copier Equipment to Xerox Corporation in the amount of
$71,786.42. (601-03)
15.
Adoption of Resolution No. 97-087, entitled, "A Resolution of the City Council of the
City of Poway, California, Adopting Rules and Regulations for Recycled Water
Users"; and appropriation of $62,575 from the Water Utilities Fund to Implement
the Recycled Water Program within the South Poway Business Park. (Referred
from September 11, 1997, Item 3.) (1141-03)
16.
Approval of Easement for Brush Management Landscape and Slope Maintenance
to Kaufman and Broad of San Diego, Inc. on Lot B Map No. 13364, located at the
westerly City boundary, south of Scripps Poway Parkway. (1001-01)
Motion carried unanimously.
ITEM 1 (203-11 )(701-04)
ORDINANCE NO. 484/SECOND READING
HIGH PRESSURE SODIUM LIGHTING
Mayor Higginson read the title of Ordinance No. 484, "An Ordinance of the City of Poway,
California, Amending Poway Municipal Code Sections 17.08.200 and 17.10.150 to permit
high pressure sodium lighting for safety purposes (ZOA 97-07)."
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There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, waive further reading and adopt Ordinance No. 484 and Resolution No.
97-084 entitled, "A Resolution of the City Council of the City of Poway, California Amending
Goal 1 Policy 1 of the Poway General Plan concerning Lighting for Public Safety (GPA 97-
02)," and Resolution No. 97-085, entitled, "A Resolution of the City Council of the City of
Poway, California Establishing a Fee for the Processing of an Application for an Exemption
Permit for High Pressure Sodium Exterior Lighting (ZOA 97-07)."
Motion carried unanimously on a roll call vote.
ITEM 2 (701-04)
ORDINANCE NO. 485/SECOND READING
CITY COUNCIL COMPENSATION INCREASE
Mayor Higginson read the title of Ordinance No. 485, "An Ordinance of the City of Poway,
California, Amending Title 2, Chapter 2.04 of the Poway Municipal Code by Amendment
of Section 2.04.020 to increase the Compensation of the Members of the City Council and
the Mayor."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and waive further reading of the Ordinance. Motion carried unanimously.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Ordinance No. 485. Motion carried 4-1 on a roll call vote with Councilmember Emery
voting "no."
ITEM 3 (701-04)
ORDINANCE NO. 488/FIRST READING
1993/1994 EDITIONS OF BUILDING CODES
Mayor Higginson read the title of Ordinance No. 488, "An Ordinance of the City of Poway,
California Rescinding Chapters 15.02, 15.04, 15.08, 15.12, 15.16 and 8.52/Article II of the
Poway Municipal Code and Adopting New Chapters 15.02, 5.04, 15.08, 15.12, 15.16 and
8.52/Article II Regarding the Uniform Administrative Code, 1994 Edition; Uniform Building
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Code, 1994 Edition; National Electrical Code, 1993 Edition; Uniform Plumbing Code, 1994
Edition; Uniform Mechanical Code, 1994 Edition; and Swimming Pool Fencing
Regulations."
Staff report by Director of Planning Services Wright-Quastler. When the uniform
construction codes are updated they are imposed by state law and automatically become
effective in local jurisdictions. State law provides for amendments to the codes which are
necessary because of special local circumstances. Staff has prepared an ordinance which
adopts the most recent version of the uniform construction code with amendments to
require Class A roofing for all new roofs and most re-roofs, and the swimming pool fencing
requirements which will become required by state law as of January 1, 1998.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to waive further
reading and continue the public hearing to October 21, 1997 for second reading and
adoption. Motion carried unanimously.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 97-04
APPLICANT: JAMES HUNTER
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to subdivide Lot 51 of TTM 87-13, Unit 1 into two lots. The property is located
at the northwest corner of Stowe Drive and Danielson Street. Three changes to the
Resolution were distributed by the staff prior to the meeting at the applicant's request.
Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-97-52, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 97-04,
Assessor's Parcel Number 317-810-24," as amended. Motion carried unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 91-09M
SPORTSPLEX USA
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ITEM 9 (602-01 #175R)
AMENDMENT TO LEASE FOR SPORTS PARK
Mayor Higginson opened the public hearing on Conditional Use Permit 91-09 Modification.
Item introduced by City Manager Bowersox. This is a request to replace four sand
volleyball courts with a roller hockey/soccer rink at the South Poway Sports Park. Item 9
is an amendment to the lease for the Sports Park extending the term of the lease to
December 31, 2006 and changing the corporate identity from Sportsparks of California to
Sportsplex USA. These two items should be considered together.
Staff report by Director of Community Services Thomas. The operator of the sports park
has requested permission to replace sand volleyball courts with roller hockey/soccer. The
sand volleyball courts are not being utilized and the operator will pay the cost of
replacement. Currently, a roller hockey facility does not exist in Poway. The operator has
requested an extension to the lease in order to capitalize the new facility.
Councilmember Goldby asked about the original lease approval and if the reduction in rent
which was previously approved could be considered a subsidy by the City. Director of
Administrative Services Stewart stated it was a recognition that the original proforma was
unrealistic and they could not field as many teams as they projected.
Speaking in opposition to staff recommendation:
Anton Simson, 13227 Aubrey Street, owner of the North County Soccer Park,
protested the approval of soccer in a City-owned facility that would compete with his
facility.
Richard Ludwig, 12720 Metate Lane, stated this is a bad contract
Speaking in favor of staff recommendation:
Geoff Greene, 16221 Avenida Noblieza, San Diego, with Youth Roller Hockey
Jim Schmedling, P.O. Box 131, Solana Beach, American Youth Sports Foundation
Paul Berghoff, operator of the Sports Park, stated they don't plan to add soccer
unless the roller hockey does not fill up, but want the flexibility to add it if they need to.
Bill Berghoff, 13349 Mclvers Court, co-operator of the Sports Park. He suggested
that soccer be prohibited for one year or, if they agree to not do soccer that the North
County Soccer Park agree to not provide facilities for roller hockey.
Motion by Mayor Higginson, seconded by Councilmember Emery to close the public
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hearing and adopt Planning Resolution No. P-97-53, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 91-09M,
Assessor's Parcel Number 317-280-46 and 317-281-17 and 18," amended to prohibit
soccer from one year after occupancy and that another amendment of the Conditional Use
Permit will be required to allow soccer after that time. Motion carried 4-1 with
Councilmember Goldby voting "no."
Council discussed the lease and asked staff why, if the rent was reduced by one
amendment, was it not increased when they began to field the maximum number of teams.
They also asked that a clause be added that the increase in the term of the lease would
only be effective if the roller hockey improvements are done.
Motion by Mayor Higginson, seconded by Councilmember Rexford to continue
consideration of the lease amendment to October 21, 1997. Motion carried unanimously.
ITEM 6 402-05)
HABITAT MITIGATION IN LIEU FEE
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On
August 15, 1995, the City Council approved the Poway Subarea Habitat Conservation Plan
(Poway HCP). There is an option for an "in lieu" fee which is based on the number of acres
of mitigation required. The Ohrmund Land Company, a private firm of real estate
appraisers, brokers and consultants, recommended a fee of $10,000 per acre as being
adequate to acquire needed land within Poway. The terms of the HCP require an update
in the fee every two years.
Council discussed whether the $10,000 was an appropriate fee. Director of Engineering
Services Weston stated that mitigation land purchased by the City for the Scripps Poway
Parkway project was $10,000 an acre.
Motion by Councilmember Emery, seconded by Mayor Higginson to close the public
hearing and adopt Resolution No. 97-086, entitled, "A Resolution of the City Council of the
City of Poway, California Establishing a Habitat Mitigation Compensation "In Lieu" Fee."
Motion carried unanimously.
ITEM 7 (203-14)
DEVELOPMENT REVIEW 97-30
APPLICANT: KEITH FRANCIS/TWIN PEAKS PLAZA
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Staff report by City Manager Bowersox. This is a request to construct a 3,600 square foot
retail building adjacent to Outback Steakhouse on Pad G of Twin Peaks Plaza. Staff
recommends approval.
Motion by Councilmember Emery, seconded by Councilmember Goldby to adopt Planning
Resolution No. P-97-54, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Development Review 97-30, Assessor's Parcel number 314-710-39."
Motion carried unanimously.
ITEM 8 (203-14)
DEVELOPMENT REVIEW 97-29
APPLICANT: GREYSTONE HOMES
Staff report by Director of Planning Services Wright-Quastler. This is a request to construct
39 single-family homes ranging in size from 3,150 to 4,000 square feet on 90 acres located
northwest of the intersection of Espola Road and Old Coach Road. Several of the
neighbors to the west were concerned regarding the placement of the homes and their
height. The developer placed "stoW poles" on the lots which satisfied some of the
concerns. Lots 36 and 38 were changed to place a single story home on Lot 38 and a two-
stow on Lot 36.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Planning
Resolution No. P-97-55, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Development Review 97-29, Assessor's Parcel Numbers 277-171-04,
05, 06, 19." Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis stated that the closed session he had scheduled for Poway Royal
Mobile Home Owners Association v. City of Poway could be carried over to October 21,
1997.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A. Mayor Higginson requested a closed session to discuss Public Employee
Performance Evaluations with the City Manager and the City Clerk.
23B. Mayor Higginson announced the appointment of Councilmember Goldby to the
Safety/VVellness Advisory Committee sponsored by the Poway Unified School
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District. (1503-06)
CLOSED SESSION
Mayor Higginson called for a closed session at 8:40 p.m. for performance evaluations.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:32 p.m. with all Councilmembers
present and adjourned the meeting on motion by Councilmember Emery, seconded by
Councilmember Goldby.
Marjol'ie ~(. Wahlsten, City Clerk
City of Po~vay
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