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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. 6187 Page 2 - CITY OF POWAY - September 30, 1997 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)." 6188 Page 3 - CITY OF POWAY - September 30, 1997 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 6189 Page 4 - CITY OF POWAY - September 30, 1997 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 6190 Page 5 - CITY OF POWAY - September 30, 1997 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 6191 Page 6 - CITY OF POWAY - September 30, 1997 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 6192 Page 7 - CITY OF POWAY - September 30, 1997 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 6193 Page 8 - CITY OF POWAY - September 30, 1997 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 6194