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CC 1994 08-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 9, 1994 The August 9, 1994, 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. COUNCILNEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Don Higginson COUNCILMEHBERS ABSENT AT ROLL CALL Susan Callery, Tony Snesko (Councilmember Snesko arrived at 7:12 p.m.) STAFF MEHBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Jim Marmack Jim Bentz Michael Putnam Greg Sundberg 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 Director of Safety Services Sheriff's Captain Community Services Manager Performing Arts Center Manager Recreation Supervisor Principal Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PUBLIC ORAL CONNUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Mobile Home Owners Association, asked for a swift settlement of the claim they had filed against the City. 5279 Page 2 - CITY OF POWAY - August 9, 1994 CONSENT CALENDAR Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve the Consent Calendar as follows: Approval of Minutes - City Council July 12, 1992, Regular Meeting July 19, 1994, Regular Meeting 11. Approval of Corrected City Council Minutes (701-10) September 20, 1988, Regular Meeting October 18, 1988, Regular Meeting Motion carried 4-0 with Councilmember Callery absent. ITEM 4 (203-24) MINOR CONDITIONAL USE PERMIT 94-06 APPLICANT: MARK COPELAND Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to install six metal halide lights on an existing tennis court at 13743 Paseo Valle Alto. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-94-40, entitled "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 94-06, Assessor's Parcel Number 275-270-50." Motion carried 3-0 with Councilmembers Callery and Snesko absent. ITEM 5 (401-27) COMMUNITY FACILITIES DISTRICT NO. 1 TAX RATE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Under the covenants of the bonds issued to construct public improvements in South Poway Pomerado Business Park, it is necessary to hold a public hearing to establish the amount of special tax to be assessed. For 1994- 95 staff recommends a rate of $10,332.42 per net usable acre. There are 104 taxable losts comprising 252.602 net usable acres in the Community Facilities District No. 1. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 94-085, entitled, "A Resolution of the City Council of the City of Poway, California Setting the Special Tax Rate and 5280 Page 3 - CITY OF POWAY - August 9, 1994 the Amount to be levied on Property Within the South Poway Community Facilities District No. 1 for Fiscal Year 1994-1995." Motion carried 3-0 with Councilmembers Callery and Snesko absent. ITEM 6 (401-27) COMMUNITY FACILITIES DISTRICT NO. 88-1 TAX RATE (Councilmember Snesko entered the meeting at 7:12 p.m.) Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Under the covenants of the bonds issued to construct public improvements in South Poway Parkway Business Centre, it is necessary to hold a public hearing to establish the amount of special tax to be assessed. For 1994- 1995, staff recommends a rate of $16,892 per net usable acre which is the maximum allowed if reserve funds are drawn upon. The City has advanced three loans to pay for debt service in 1993 and 1994 because of the bankruptcy of Parkway Business Centre Partners, Ltd. We are in the process of judicial foreclosure against the property. The use of reserve funds in the CFD account is recommended for this payment. Speaking against staff recommendation: Neville Bothwell, 3375 Kenyon, San Diego, representing Tech Business Center. He stated it wasn't equitable to use the maximum rate against those property owners in the CFD that have been making their payments all along. In response to Council query, staff stated that the Mello-Roos Act requires an assessment that will allow the reserve funds to be replenished in the year after they are drawn on. Council asked if there was a mechanism by which those making their regular payments can be reimbursed when the defaulting owners pay their past assessments. Council will report back. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 94-086, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special Tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal ear 1994-95." Motion carried 4-0 with Councilmember Callery absent. ITEM 7 (401-27) FEES AND ASSESSMENTS FOR 1994-95 TAX ROLLS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Annually, the City collects various fees, charges, and assessments on the tax roll. The remaining items for the 1994-95 tax roll include water assessment district 79-1, neighborhood loan program for 6 projects, and fire 5281 Page 4 - CITY OF POWAY - August 9, ]994 protection fees. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 94-087, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Fees, Water District Assessments, and Street Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1994-95." Motion carried 4-0 with Councilmember Callery absent. ITEM 8.] (704-19) ARTS ALIVE! FOUNDATION PROPOSAL Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. Pasadena Playhouse has notified the City that it will not be able to produce the Fall, 1994 season at the Poway Center for the Performing Arts. There were 1,100 pre-season sales. The ARTS ALIVE! Foundation has a proposal to present three theater productions, each with a two-week run. Tickets will be given to the Pasadena subscribers. They are requesting, and staff recommends, a $100,000 line of credit be established for this purpose, appropriation of $30,000 for related marketing expenses, and reorganization of the PAC staff by eliminating one part-time temporary stage technician and authorizing a part-time regular box office attendant. John Bifone, 17982 Highlands Ranch Place, President of the ART ALIVE! Foundation stated they have been managing a $25,000 line of credit for some time and have managed it well. They currently have $32,000 in the bank and a $1,000 pledge from each of the Directors. He explained the desire to continue live theater in Poway and the response to Pasadena's performances indicates there is sufficient support. Council asked technical questions regarding the quality of the sets and the productions which Performing Arts Center Manager Putnam responded to. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff recommendation. Motion caried 4-0 with Councilmember Callery absent. ITEM 8 (1205-15) BOULDER VALLEY PUMPED STORAGE PROJECT Staff report by Director of Planning Services Wright-Quastler. The City Council received an initial project presentation from SoCal Energy Limited Partnership on June 17, 1993. They have received a preliminary permit from the Federal Energy Regulatory Commission and are performing feasibility studies. They are considering three sites for the reservoir and the one in the City of Poway on former BLM land east of SR 67 is the preferred site. The project is a 500- 5282 Page 5 - CITY OF POWAY - August 9, 1994 megawatt hydroelectric facility consisting of an upper reservoir, a lower reservoir (San Vicente Reservoir), a dam embankment and underground powerhouse containing hydroelectric pump/turbines. The facility generates electicity when water is released from the upper reservoir and passes through the powerhouse turbines enroute to the lower reservoir. It would produce electricity for sale to SDG&E. The FERC will be holding a public environmental scoping hearing on August 22, 1994 in the City Council Chambers. Impacts identified to date include biological impacts from the inundation, and visual impacts from the Iron Mountain Trail. Bob Looper, Vice President of Consolidated Pumped Storage, Inc., answered questions from the City Council. They discussed the possibility of building a pipeline from the upper reservoir to Lake Poway that could increase the emergency water supply for Poway and Rancho Bernardo. Council concurred that this is a larger project than they originally envisioned and asked staff to keep them updated. ITEM 8.2 (1601-06) SEWER TREATMENT PLANT SITE Staff report by City Manager Bowersox. At the August 2, 1994 City Council meeting, representatives of the South Poway Homeowners Association presented samples of debris believed to be raw sewage that had been dumped by the City's vactor truck on the old sewer treatment plant site. He stated he and Director of Public Services Williams had been unaware of the practice since it had been started before incorporation and it has been discontinued. Director of Public Services Williams reviewed the actions to correct the deficiencies and safeguard against reoccurrence of the inappropriate past practices. Council concurred to receive and file the report. CITY ATTORNEY ITEMS 13A. City Attorney Eckis requested a closed discuss existing litigation pursuant to Government Code §54956.9(a) in the case of Sycamore Canyon Association v. City of Poway. 13B. City Attorney Eckis stated he will schedule a closed session on August 16, 1994 to discuss appeal or settlement of the SDG&E case. 13C. City Attorney Eckis stated the claim from Poway Royal Association has been referred to him since it is not covered by the Joint Powers Insurance Authority. He is meeting with the claimant's attorney next Monday at their request and disposition of the claim will be on the August 23, 1994 agenda. 5283 Page 6 - CITY OF POWAY - August 9, 1994 MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Cafagna requested an item on a future agenda to update the City Council on the Solid Waste Authority activities and to adopt a position on the Gregory Canyon landfill ballot proposition. 16. Councilmember Emery requested a workshop be scheduled to discuss SANDAG's Series 8 growth forecasts. Director of Planning Services Wright-Quastler stated she is preparing a report on this item. 17A. Councilmember Snesko stated he and Director of Safety Services Sanchez have met with Crime Stoppers regarding the reward program for arrest and conviction of drug dealers. He asked that illegal possession of weapons be added to the program and $10,000 be deposited for the reward fund. City Manager Bowersox stated staff is preparing a report for the August 23, 1994 agenda and it will include a contract with Crime Stoppers. Council concurred to not take any action until that meeting when they can have a complete report. 17B. Councilmember Snesko stated he had been at the Community Swimming Pool and still feels it is not being fully utilized and should be open at 10 a.m. for public swimming. He disputed staff's statement on average daily attendance, stating the pool attendants had told him it is only 300. City Manager Bowersox stated staff will have a full report for the Council on September 6, 1994 regarding the summer's activites and how each area of the pool is utilized, hour by hour. 17C. Councilmember Snesko stated the "no left turn" signs are still up at the Post Office. Council took action on July 19, 1994 to remove those restrictions and he requested the signs be removed. 18. Mayor Higginson appointed Howard Maher to the Housing Commission. CLOSED SESSION Mayor Higginson called for a closed session at 8:45 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNHENT Mayor Higginson called the meeting back to order at 8:54 p.m. with all Councilmembers present except Councilmember Callery. The City Attorney announced the City Council had approved a settlement agreement with Sycamore Canyon Associates and he has filed a copy with the City Clerk. The meeting was adjourned at 8:55 p.m. on motion by Councilmember Cafagna, seconded by Councilmember Emery. Marjori~e~. Wahlsten, City Clerk City off, way 5284