CC 1997 10-07 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL REGULAR MEETING
OCTOBER 7, 1997
The October 7, 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
Garry MacPherson
Jim Bentz
John Falconer
Penny Riley
Patrick Foley
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
Fire Division Chief
Community Services Manager
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATIONS
Buddy Smith, a San Diego artist, has offered to donate his time and materials to create and
install four 2' x 4' stained glass windows in the children's library. He presented a colored
sketch showing the four suggested panels illustrating Poway's history and requested
Council's input on the designs. The Council thanked him for his generous donation and
suggested the shape of the locomotive smokestack be changed to match the one in Old
Poway Park.
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Mayor Higginson proclaimed October as National Breast Cancer Awareness Month and
October 12-19, 1997 as Fire Prevention Week. Fire Division Chief Garry MacPherson
accepted the Fire Prevention Week proclamation.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
Buck and Alice Polk, 13997 Azalea, stated there needs to be a place for teenagers
to skateboard in Poway.
CONSENT CALENDAR
Mayor Higginson stated that Item 11 was pulled from the Consent Calendar by the public.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar, as follows:
o
Approval of Minutes - City Council:
September 16, 1997 Regular Meeting
6. Denial of Claim against the City: Erik Moore.
(704-13)
Adoption of Resolution No. P-97-56, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Comprehensive Sign Program (CSP) 92-02 M2,
Assessor's Parcel Number 317-130-68," GrantJSapp Center, LightMark Pacific,
applicant: to modify the colors of sign faces and letter returns and to allow
attachment of letters to raceways, southeast corner of Hilleary Place & Community
Road in Town Center District zone. (203-15)
Adoption of Planning Resolution No. P-97-57, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit 97-76,"
City of Poway, applicant: to conduct an outdoor event on Saturday, October 18,
1997 at Scripps Poway Parkway and Stowe Drive, to celebrate the opening of the
easterly segment of Scripps Poway Parkway. (203-07)
Extension of Standard Agreement to Construct Public Improvements for TM 94-01
to November 29, 1999; William C. Herrick, applicant; northeast side of Oak Knoll
Road, approximately 300 feet west of Carriage Road. (602-01 #1220)
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10.
12.
13.
14.
Approval of Agreement Respecting Temporary Sewer Connection for APN 275-031-
07. Roger & Susan Engle applicant; located at 16740 Avenida Florencia.
(1170-13) (602-01 #1221 )
Acceptance of Old Pomerado Road Improvements/Secondary Access Road and
Pedestrian Bridge from Single Eagle, Inc. (#5281). (602-01 #256R)
Acceptance of Public Services Administration Building Project from Hankins Corp.
(#1718). (602-01 #1174)
Award of Bid to Knox Electric, Inc. for Installation of Conduit/Fiber Optic Closed
Circuit Television System from Poway Road/Community Road to City Hall, in the
amount of $50,750 (97-98-006); and approve appropriation of additional $4,000
from the Street Development Fund. (602-01 #1222)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 486/SECOND READING
ADULT BUSINESS REGULATIONS
Mayor Higginson read the title of Ordinance No. 486, "An Ordinance of the City of Poway,
California, Repealing Poway Municipal Code Chapter 17.38 in its Entirety and Adding a
New Chapter 17.38 to the Poway Municipal Code for Purposes of Establishing
Comprehensive Regulations Pertaining to Adult Oriented Businesses." Councilmember
Rexford stated she would disqualify herself from this item.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, waive further reading; and adopt Ordinance No. 486. Motion carried 4-0
on a roll call vote with Councilmember Rexford disqualified.
ITEM 2 (701-04)
ORDINANCE NO. 487/SECOND READING
DELETING ADULT USES IN A/GC ZONE
Mayor Higginson read the title of Ordinance No. 487, "An Ordinance of the City of Poway,
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California Amending Title 17 of the Poway Municipal Code to Remove Sections of the
Code Which are Superseded by Zoning Ordinance Amendment 97-08 and to Delete "Adult
Uses" as a Conditionally Permitted Use in the Automotive/Commercial General (A/GC)
Zone. (ZOA 97-09)." Councilmember Rexford stated she would disqualify herself from
this item.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading; and adopt Ordinance No. 486. Motion carried 4-0
on a roll call vote with Councilmember Rexford disqualified.
ITEM 3 (701-04)
ORDINANCE NO. 489/FIRST READING
PARKLAND DEDICATION PROCEDURE
Mayor Higginson opened the public hearing and read the title of Ordinance No. 489, "An
Ordinance of the City of Poway, California Approving an Amendment to Chapter 16.38 of
the Poway Municipal Code Concerning the Parkland Dedication Procedure (ZOA 97-11 )."
Staff report by Director of Planning Services Wright-Quastler. This ordinance would clarify
language regarding credit for private open space in the Parkland Dedication Procedure.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to waive further
reading and continue the public hearing to October 21, 1997 for second reading and
adoption. Motion carried unanimously.
ITEM 3.1 (701-09)
SPORTS FIELD NEEDS ASSESSMENT
Item introduced by City Manager Bowersox. On September 17, 1997, the Parks and
Recreation Committee meeting approved the Poway Field Needs Assessment and
requested it be forwarded to the City Council. The last time the City Council received such
an update was in 1991.
Chuck Cross, a member of the Parks & Recreation Committee, presented the details of the
report. He noted the changes that have taken place in the community since the 1991
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report including the increase in the number and size of youth sports programs, and the
addition of facilities by the City and the PUSD. He showed possible layouts for six new
sites, including Meadowbrook Middle School; the Rinehardt property on Pomerado Road;
enlarging Starridge Park; the Harmon property on Oak Knoll Road; and the Kent property
on Midland at Twin Peaks.
Following discussion, Council concurred to schedule a workshop to discuss a possible
multi-purpose facility; to refer the issue of lighting existing fields to the Parks and
Recreation Committee; and to request staff work with PUSD to ensure that the soccer field
behind Pomerado School is being maintained in accordance with our agreement. They
thanked the Committee for their work.
ITEM 3.2 602-01 #175R)
SPORTSPLEX, INC. LEASE FOR SPORTS PARK
Staff report by Director of Administrative Services Stewart. At the September 30, 1997
meeting, this item was continued to October 21, 1997; however, Mr. Berghoff requested
it be considered at this meeting. Anton Simson of the North County Soccer Park was
notified that it was on this agenda.
At the September 30th meeting, the issues of the length of the lease extension and
windfall profit levels were discussed. Staff proposes an extension to December 31,2004
with two one-year renewal options. This will enable Sportsplex to recoup their $200,000
investment in a roller hockey rink and earn approximately 15% on their total overall
investment. If they do not convert the volleyball courts to roller hockey by October 7, 1998,
the term of lease reverts to end December 31, 1998. The annual percentage rent is
proposed to be changed to 15% of total annual gross above a certain amount in 2001 to
2003 and 20% from 2004 to 2006. This is in addition to the existing rent structure.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane, stated it was not proper to hear this item at this
meeting since it was continued to October 21, 1997.
City Attorney Eckis stated this is not a public hearing item and the notice given complies
with the Brown Act.
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Bill Berghoff, P.O. Box 769, Poway, manager of the South Poway Sports Park read a letter
from his father requesting a longer term of lease to 2006 with 2 one year options.
Council concurred with the extension of lease if the percentage of windfall profit was
changed, requested a full audit two years from the start of roller hockey, and suggested
that at the end of this lease, the whole operation be put out to bid.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve
Amendment 3 to the lease agreement with Sportsplex USA for the South Poway Sports
Park, extending the term to December 31, 2006 with 2 one-year options and change the
percentage of rent to 20% above a certain amount in 2001 to the end of the lease. Motion
carried unanimously.
Councilmember Cafagna asked who is doing the maintenance on the facility. Director
Stewart stated that the City does the major repairs. Sportsplex repairs what they have
installed and are depreciating.
ITEM 11 (602-01 #256R)
POMERADO CREEK FLOOD CONTROL
Mayor Higginson stated that this item was pulled from the Consent Calendar. City
Manager Bowersox stated that Marquez Constructors, Inc. has finished the Pomerado
Creek Flood Control Improvements and they are ready to be accepted.
Ellen Burnee, P.O. Box 823, asked details about the improvements.
Lani Smith, 13849 Powers Road, thanked the City Council for the project which kept their
neighborhood from being designated a floodplain.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to accept the
Pomerado Creek Flood Control Improvements, authorize the City Clerk to record the
Notice of completion, and authorize the release of retention of $45,078.49, if
unencumbered, 40 days after the recordation. Motion carried unanimously.
CITY MANAGER ITEMS
City Manager Bowersox stated the City has won the Certificate of Achievement in Financial
Reporting from the Government Finance Officers Association again this year and
introduced Finance Manager Andrew White.
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MAYOR AND CiTY COUNCIL-INITIATED ITEMS
18A.
Councilmember Emery stated he had received calls from residents regarding the
height and location of the new automotive kiosk signs. City Manager Bowersox
stated that the Council had approved 12 foot signs, however, some are higher than
that and they will be lowered. The location of the one on Espola Road will be
changed to put it at the City limits.
18B.
Councilmember Emery stated the Boys and Girls Club of Escondido is interested
in establishing a branch at Meadowbrook Middle School and asked that we
coordinate with them to integrate our after school program. Director of Community
Services Thomas stated that he is working on that.
18C. Councilmember Emery stated there is a dark area on Poway Road near Welton
Lane that needs street lights and requested staff look at that.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:50 p.m. on motion by Councilmember Emery,
and seconded by Councilmember Rexford.
Marjo~'ie~,. Wahlsten, City Clerk
City o[ Pdway
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