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.
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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
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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
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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-
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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.
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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
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