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CC 1997 10-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 21, 1997 The October 21, 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 Lori Peoples Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter John Falconer Michael Putnam Patrick Foley Scott Nespor City Manager City Clerk Assistant City Clerk City Attorney 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 Performing Arts Center Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PROCLAMATION Mayor Higginson proclaimed October 1997 as "Domestic Violence Awareness Month" and presented the proclamation to Dixie Crane of the Escondido Youth Encounter (EYE). 6203 Page 2 - CITY OF POWAY - October 21, 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 Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council: September 23, 1997, Regular Meeting September 30, 1997, Regular Meeting 12. Ratification of Warrant Registers for periods of September 15-19, 1997; September 22-26, 1997; and September 29-October 2, 1997. (401-10) 13. Denial of Claim against the City: Genevieve Esterbrook. (704-13) 14. Acceptance of the Lake Poway Telecommunications Cabling System from Cox Communications San Diego, Inc. (602-01 #589) 15. Approval of $500 donation to Firesafe San Diego County, a nonprofit providing education re: fire prevention and fire safety. (1180-05) 16. Acceptance of Quarterly Status Report for Illegal Encampment Activities.(704-10) 17. Acceptance of Report of Administrative Action taken on City-Council-Initiated and Public Inquiry Items from May 6 through October 6, 1997. (701-10) 18. Receive and file Status Report regarding staff approval of Development Reviews in the South Poway Business Park. (203-14) 19. Award of Bid to National Plant Services to clean two underground culverts located by Arbolitos Park and at Montauk Street, in the amount of $19,478. (602-01 #1224) 20. Approval of design and installation of new City Hall heating and air-conditioning system and appropriation of $185,000 ($66,000 from Building Capital Replacement Fund and $119,000 to be divided between the General, Sewer and Water Funds). (1601-01) 62O4 Page 3 - CITY OF POWAY - October 21, 1997 21. Acceptance of public improvements and release of securities for Tentative Tract Map 88-12, Green Valley Oaks, located on the west side of Sagewood Lane, north of Rostrata Road; Richard Lareau, applicant. (602-01 #801) 22. Approval of time extension of Standard Agreement for Public Improvements to December 31, 1997 for Tentative Parcel Map 86-05 located at the west end of Edina Court; Albert & Patricia Liu, applicants. (602-01 #848) 22.1 Appropriation of $20,000 from Fund 714 (Public, Educational, and Governmental - PEG) for installation of two 2" conduits as part of the Pomerado Road Widening Project. (1208-01 ) 22.2 Acceptance of Scripps Poway Parkway Project from Signs & Pinnick (#5261). (602-01 #240R) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 488/SECOND 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 Code, 1994 Edition; National Electrical Code, 1993 Edition; Uniform Plumbing Code, 1994 Edition; Uniform Mechanical Code, 1994 Edition; and Swimming Pool Fencing Regulations." There was no one present wishing to speak. Motion by Emery, seconded by Cafagna to close the public hearing; waive further reading; and adopt Ordinance No. 488. Motion carried unanimously on a roll call vote. ITEM 2 (701-04) ORDINANCE NO. 489/SECOND READING PARKLAND DEDICATION PROCEDURE Mayor Higginson read the title of Ordinance No. 489, "An Ordinance of the City of Poway, 62O5 Page 4 - CITY OF POWAY - October 21, 1997 California Approving an Amendment to Chapter 16.38 of the Poway Municipal Code Concerning the Parkland Dedication Procedure (ZOA 97-11 )". There was no one present wishing to speak. Motion by Emery, seconded by Rexford to close the public hearing; waive further reading; and adopt Ordinance No. 489. Motion carried unanimously on a roll call vote. ITEM 3 (203-02) TENTATIVE PARCEL MAP 97-05 DEVELOPMENT REVIEW 97-28 APPLICANT: MCMAHON/OLIPHANT Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This is a request to divide a 2.9 acre lot into two parcels and construct a 22,500 square foot industrial building on proposed Parcel 1 and an 18,350 square foot industrial building on proposed Parcel 2. The property is located on the northwest corner of the intersection of Crossthwaite Circle and the 13600 block of Stowe Drive. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-97-58, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 97-05 and Development Review 97-28 Assessor's Parcel Number 317-280-52." Motion carried unanimously. ITEM 4 (203-04) VARIANCE 97-05/MINOR DEVELOPMENT REVIEW 97-48 APPLICANT: DAVID ALSTRAND Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 2,829 square foot, two story, split level residence on a vacant 2 acre property and variance to allow the house to observe a 10 foot street side yard setback when 20 feet is required. The property is located within the 14600 block of Twin Peaks Road. Staff recommends approval inclusive of the relocation of the horse corral. There was no one present wishing to speak. 6206 Page 5 - CITY OF POWAY- October 21, 1997 Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-97-59, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 97-05 and Minor Development Review 97-48 Assessor's Parcel Number 321-250-09 and 10." Motion carried unanimously. ITEM 5 (203-21) SPECIFIC PLAN AMENDMENT 84-01JJ APPLICANT: CITY INITIATED Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This amendment proposes to add Corporate Office (single-tenant offices) as a Permitted Use and Standard Commercial Office (multi-tenant offices) as a Conditional Use in the Industrial Park (IP) Land Use Designation. Other changes were administrative such as establishing consistent terminology throughout, addition of clarification language, deletion of redundancies. Staff recommends adoption. There was no one present wishing to speak. Following discussion, motion by Cafagna, seconded by Emery to close the public hearing and adopt Resolution No. 97-088, "A Resolution of the City Council of the City of Poway, California Amending the South Poway Specific Plan to Allow Office Buildings in the Industrial Park (IP) Areas Specific Plan Amendment (SPA 84-01JJ)." Motion carried unanimously. ITEM 6 (1120-03) STREET LIGHTING - VALLE VERDE ROAD Introduction by City Manager Bowersox. Staff report by Director of Engineering Services Weston. At the request of the Lomas Verdes Homeowners Association, the Traffic Safety Committee reviewed the conditions on Valle Verde Road, between Starmount Way and Old Winery Road to determine if they warrant the installation of street lights. It meets the rural road standards and due to the Iow traffic volumes, safe accident history, and rural roadway characteristics, staff and the Traffic Safety Committee recommend that no additional street lights be installed. During Council discussion, staff was requested to review the street lighting policy in the 6207 Page 6 - CITY OF POWAY - October 21, 1997 future to ensure it addresses current rural neighborhood safety issues. Consensus was to receive and file the report. ITEM 7 (602-01 #1225) COTTON/BELAND/ASSOCIATES -"FAST TRACK PROGRAM" DEVELOPMENT REVIEWS IN SOUTH POWAY BUSINESS PARK Staff report by City Manager Bowersox. The proposed program provides an option to developers that want their development review "fast tracked." The application would be placed with a private consulting firm for review and the cost in excess of the City application fee would be passed through to the applicant on a time and materials basis. "First review" comments are guaranteed to the applicant within five working days of receipt of the application. Staff recommends approval. Speaking in opposition to staff recommendation: Richard Ludwig, 12720 Metate Lane Councilmembers clarified that the proposed program has no taxpayer cost, requires the same review procedure as currently established, and does not duplicate staff function. Motion by Councilmember Goldby, seconded by Councilmember Emery to authorize staff to offer a "Fast Track Program" using the services of Cotton/Beland/Associates, Inc. Motion carried unanimously. ITEM 8 (1401-01) POWAY COMMUNITY SWIM CENTER SWIM TEAM PRIORITY USE POLICY Introduction by City Manager Bowersox. At the September 16, 1997 City Council meeting, the council reviewed input from the public on the allocation of pool time to swim clubs and the existing priority system used to decide lane allocations. Staff was directed to prepare a comprehensive report on the use of the pool. Staff report by Director of Community Services Thomas including a historical overview of the pool and the swim teams, including the Community Swim Center Task Force that met in 1990 and included two Councilmembers; advantages and disadvantages of the current policy which is priority based on longevity of use by a swim club; rotating priority among swim clubs or creation of a City of Poway swim club; and the need to review the fees for use of public and private time. Staff recommends the current system of priority be 6208 Page 7 - CITY OF POWAY - October 21, 1997 maintained; no more than three swim teams be permitted to use public pool time and if one team leaves the number be reduced to two; and a fee study be conducted. The following persons spoke: Mark Mugerditchin, 14260 Sand Hill Road, suggested a single City team be formed. John Gleason, 16237 Country Day Road, Blue Fins Swim Club David Corn, 12638 Tustin Street, UPPR Swim Club Yvonne Attard, Gotta Swim Club, requested that the lanes be fully utilized when they are scheduled by the other teams Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve staff recommendation with additional direction to staff to continue to monitor pool lane allocation usage, review the single team option and look for a long term solution. Motion carried unanimously. ITEM 9 (602-01 #1215) PERFORMING ARTS CENTER COURTYARD IMPROVEMENTS Item introduced by City Manager Bowersox. Staff report by Director of Community Services Bob Thomas. McGraw/Baldwin Architects has divided the proposed project of improving the courtyard at the Performing Arts Center by addition of doors and upgrade of the power and lighting into four phases. Staff is requesting approval for the design of all four phases and appropriation of $35,000 for the construction of Phase I which includes the doors. Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve staff recommendation and adopt Resolution No. 97-089, entitled, "A Resolution of the City Council Determining that the Improvement to the Courtyard of the Poway Center for the Performing Arts is of Benefit to the Paguay Redevelopment Project." Motion carried unanimously. CITY MANAGER ITEMS 23. Stated that former member of the City's Redevelopment Advisory Committee and current Sheriff's Department Volunteer Riley Fleischman was named the" County Volunteer of the Month" by County Board of Supervisors. 6209 Page 8 - CITY OF POWAY - October 21, 1997 CITY ATTORNEY ITEMS 24. City Attorney Eckis requested closed sessions to discuss existing litigation under Government Code Section 54956.9(a) in the cases of: A) Poway Royal Mobile Home Owners Association v. City of Poway, San Diego Superior Court Case No 682581; B) Poway Redevelopment Agency v. Mortuary Services International, San Diego Superior Court Case No. 711305; and C) City of Poway v. Massingill, San Diego Municipal Court Case No 060541. MAYOR AND CITY COUNCIL-INITIATED ITEMS 26. ROBERT EMERY A. Requested staff revisit the issue of closing the parks at sundown and the need for a slight adjustment so residents don't lose the benefit of the beautiful dusk hours. 27. JAY GOLDBY A. Requested support of Council to have staff research the possibility for Poway to participate in the California Sesquicentennial Celebration in 1998. CLOSED SESSION Mayor Higginson called for a closed session at 8:29 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 10:29 p.m. with all Councilmembers present. He stated the Council had instructed the City Attorney and no report is required. He adjourned the meeting at 10:30 p.m. in the memory of Councilmember Emery's mother, Jane Emery, who died on October 18, 1997. LorilA. Peoples, Assi~{ant City Clerk City of Poway 6210