CC 1996 07-30 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OULY 30, 1996
The July 30, 1996, 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
Susan Callery, Bob Emery, Betty Rexford, Don Higginson
COUNCZLMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Alan Fulmer
Penny Riley
Pamela Colby
Jim Bentz
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
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
Assistant to the City Manager
Redevelopment Project Administrator
Community Services Manager
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PRESENTATIONS
Councilmember Emery presented a 10 year service award to Marijo VanDyke,
Associate Planner.
Bo
Councilmember Callery presented an Employee Suggestion Award to Bob
Wolinski, Street Maintenance Supervisor, for his money-savings suggestion
regarding disposal of used asphalt.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
11.
Approval of Minutes - City Council
June 25, 1996, Regular Meeting
July 2, 1996, Regular Meeting
July 9, 1996, Regular Meeting
13. Ratification of Warrant Register for period of July 8-12, 1996. (401-10)
14.
Receive and file report regarding Law Enforcement forfeited property and
assets program showing $13,675 received in 1995-96. {401-17)
15. Denial of claim for damages: Dawn A. Pedrodalasol.
(704-13)
16. Approval of City's Investment Report for period ending June 30, 1996.
(408-01)
]7. Award of bid for purchase of low voltage color lateral sewer inspection
camera from 3T Equipment Company, Inc.,in the amount of $12,500.(601-03)
18.
Authorization of a draw of $1,819,795 from the bond reserves for Community
Facilities District No. 88-1 debt service payment due on August 8, 1996.
(706-02)
19.
Approval of submittal of California Integrated Waste Management Act Annual
Report, including Household Hazardous Waste Element and Non-Disposal
Facility Element, to the California Integrated Waste Management Board.
(1502-39)
20.
Approval of one-year extension to July 31, 1997 to Agreement Respecting
Irrigation Water with StoneRidge Country Club. (602-01 #567)
20.1
Award of bid for Midland Road/Del Poniente Sewer Line to Underground
Utilities, Inc. In the amount of $260,246.40. (Continued from July 23,
1996, Item 14.) {602-01, #1157}
20.2
Adoption of Resolution No. 96-083, entitled, "A Resolution of the City
Council of the City of Poway, California Concurring with the Findings of
the U.S. Fish & Wildlife Service Concerning the Environmental Assessment
for the Issuance of an Incidental Take Permit to the City of Poway for the
California Gnatcather and Other Threatened and Endangered Species.'
(203-11)
20.3
Adoption of the following positions on pending legislation: oppose SB 569
which would prohibit collection of school fees until a final building
inspection is completed; and oppose SB 234 which would eliminate the
limits on retirement assets that could be used to maintain a 74%
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purchasing power level which increases employer contributions. {701-11)
Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 5 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 87-1
Mayor Higginson stated this public hearing was continued from July 2, lg96.
Staff report by City Manager Bowersox. On July 17, 1996, a meeting was held
with representative of W. H. Pomerado who had requested that a plan be developed
to "equalize" assessments paid by the various property owners within Landscape
Maintenance District 87-1. Staff has prepared a plan which assumes four years
to annex all remaining properties into the District and the addition of all
remaining landscaping improvements for maintenance by the District. The 1996-97
assessments are proposed to remain the same as presented in the Engineer's
Report.
Speaking in opposition to staff recommendation:
Eric Dye, 350 W. Ash, San Diego, representing W.H. Pomerado
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-084, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 87-1 to be Collected on the Property Roll for
Fiscal Year 1996-97," and direct staff to implement the multi-year plan to
equalize assessments starting with 1997-98. Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 5.1 (602-01 #253R)
DISPOSITION AND DEVELOPMENT AGREEMENT
BOWRON ROAD GROUP LIMITED PARTNERSHIP
Mayor Higginson stated this item was continued from July 23, 1996. Staff report
by Director of Redevelopment Services Sharer. The Agency approved an Exclusive
Negotiation Agreement with the Bowron Road Group Limited Partnership to negotiate
a Development and Disposition Agreement for Agency-owned property at the
northeast corner of Bowron Road and Civic Center Drive. The DDA will provide a
long-term ground lease at a nominal rate to Community Housing of North County.
The Agency will not own or manage the units, but will be able to assure the sound
financial and property management of the development.
The development is proposed to be 92 multi-family, very low income rental units
with 10 1-bedroom, 36 2-bedroom, 36 3-bedroom and 10 4-bedroom units. Studio E
is the project architect and will begin holding community design input meetings.
Sun Country Builders is the general contractor retained by the developer to do
the construction.
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City Attorney Eckis stated the Smith judgement required that the project be a
very low income project, however the judgment is satisfied if the project is
restricted in part by Poway and in part by other government agencies. The City
is restricting 49% of the units and it is anticipated that the Federal and State
grant of tax credits will require the restriction of the other 51~ of the units
to very low income.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-085, entitled, "A Resolution of the
City of Poway, California, Making Certain Required Findings Regarding the
Proposed Disposition and Development by and Between the Poway Redevelopment
Agency and the Bowron Road Group Limited Partnership." Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 6 (1002-01)
EMINENT DOMAIN PROCEEDINGS
POMERADO ROAD STREET IMPROVEMENT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City has been in contact with seven property owners who own eight
parcels, portions of which the City must acquire as right-of-way for the proposed
widening of Pomerado Road. Some of the owners have concerns regarding the
shortness of the time period of negotiations and staff recommends this item be
continued four weeks to allow additional time to negotiate the acquisition of the
easement.
Bob Gannaway, owner of Assessor's Parcel Number 314-360-29, stated some of the
property being acquired from him is just to provide a driveway for his neighbor
and he wants to work with staff to resolve this issue.
Motion by Mayor Higginson, seconded by Councilmember Callery to continue this
item to August 27, 1996. Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 7 (1002-01R)
EMINENT DOMAIN PROCEEDINGS
RATTLESNAKE CREEK FLOOD CONTROl
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Three property owners own parcels, portions of which must be acquired
for the storm drain improvements to be constructed as part of the Rattlesnake
Creek flood control project, south of Poway Road. The construction will minimize
the flood impacts on the property. Staff recommends the City Attorney be
authorized to pursue the condemnation proceedings.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 96-086, entitled, "A Resolution Finding
and Determining the Necessity that Certain Property be Acquired by the City of
Poway under Eminent Domain Proceedings; Directing the City Attorney to Commence
a Court Action for said Purpose (Chandler - APN 317-427-12)(Smith - APN 317-472-
17)(Robinson Trust - APN 317-472-23)," and direct the City Attorney to initiate
the legal proceedings necessary to acquire the property. Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 8 (203-04)
VARIANCE 96-05
APPLICANT: KEVIN GEOGHEGAN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to legalize the construction of a six-foot solid
wood fence on top of a masonry retaining wall at 12819 Rick Street. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-96-53, entitled, UA Resolution
of the City Council of the City of Poway, California Approving Variance 96-05,
Assessor's Parcel Number 317-350-26." Motion carried 4-0 with Councilmember
Cafagna absent.
ITEM g (1401-03)
ARBOLITOS SPORTS FIELDS
Item introduced by City Manager Bowersox. Staff report by Director of Community
Services Thomas. The Arbolitos Sports Fields will be built as part of the
Pomerado Creek flood detention basin. The park is 3.5 acres and has two lighted
fields, restrooms, a parking lot and landscaping. The fields can be used for
soccer, football or lacrosse. On June 26, 1996 the Parks & Recreation Committee
approved the conceptual plan. Neighborhood meetings have been held and the
objections are to lighting and noise impacts. A Conditional Use Permit and
General Plan Amendment to change the zoning from OS-RM to OS-R will be brought
to the City Council in September. Staff recommends approval of the final
conceptual plan.
Gary Hoyt, Landscape Architect, reviewed the plan in more detail. He noted that
the lighting proposed by Musco Lighting is more advanced than the lighting
available when the South Poway Sports Park was built.
Speaking in opposition to staff recommendation:
Steven Boyack, 14418 Crestwood
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Tom Tucker, 14472 Crestwood
Claudia Adams, 14383 Crestwood
Bob Manis, 14426 Crestwood
Speakers expressed opposition to the lights and noise, citing the impact on the
quality of their life. They stated they paid a premium for their lots and were
told the park would only have passive uses. They also expressed concern
regarding traffic on their street.
Speaking in favor of staff recommendation:
Charles Cross, 13514 Mora Circle, Poway Youth Soccer
Mark Cuthbert, 14170 Powers Road
Merrilee Boyack, 14418 Crestwood
Douglas Briscoe, 13558 Comuna, Poway Youth Soccer
Richard Ludwig, 12720 Metate Lane
Rosemarie Cocco, 14907 Heath, Poway Youth Sports Association
Shawn Moazzeny, 12902 Ilene, Poway Youth Soccer
Speakers cited the need for additional youth sports facilities in Poway.
Councilmember Emery cited the impact on his home from the lights and noise at
Poway Valley Riders arena and the soccer park. He stated he is not in favor of
the lights because of the noise it brings. He also asked if a picnic area can
be added.
Councilmember Callery stated she is not in favor of lights because it increases
the hours the park can be used and the zoning was OS-RM when the people bought
their homes.
Mayor Higginson stated there is a great need for more fields and the lights
extend their use. His job is to make decision that benefit the whole and he
still regrets the decision to not light the Hilleary Park fields. He suggested
that if lights are installed, their use could be limited to 8 p.m.
Following discussion, motion by Mayor Higginson, seconded by Councilmember
Rexford to approve the conceptual plan with the addition of a picnic area and
additional landscaping on the east side, with a final decision on the lights to
be made when the conditional use permit is considered in September. Motion
carried 4-0 with Councilmember Cafagna absent. Staff was requested to devise a
mechanism to have coordination between staff, the youth sports organization and
the neighborhood on an on-going basis.
ITEM 10 (602-01 #175R
POWAY SPORTS PARK LEASE AMENDMENT
Staff report by City Manager Bowersox. The financial performance of Poway Sports
Park has not met the original proforma projections made by Jim Hilkemeyer of
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SportsPark of California. As a result, the current partners have requested a
restructuring of their lease agreement to reduce the monthly lease payments. In
addition, staff recommends reducing the term of the lease to a five-year term
with two one-year renewal options.
Motion by Mayor Higginson, seconded by Councilmember Emery to approve staff
recommendation. Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 10.1 (702-00)
BOARD OF SUPERVISORS' LIBRARY AUTHORITy
Staff report by City Manager Bowersox. The City of San Diego and County of San
Diego have a joint proposal to place a sales tax measure on the November ballot
for the benefit of libraries. The measure would provide for a five year, 1/4
cent increase in the sales tax and would generate nearly $367 million regionally.
A San Diego County Regional Library Authority has been formed with a 19 member
Board of Directors comprised of the Mayor of each City and a Supervisor. The
first meeting will be Wednesday, July 31, 1996 to consider a sales tax ordinance,
approving a ballot measure for the ordinance, and calling for a November
election. Staff requests direction regarding our participation in the Library
Authority.
Council concurred to authorize Councilmember Emery to attend as the City's
representative and discussed the need to have some assurance from the County that
the present funding provided for the library will not be replaced by sales tax
revenue.
CITY MANAGER ITEHS
21.
City Manager Bowersox congratulated Sheriff's Captain Alan Fulmer on his
promotion to Commander.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss anticipated litigation
pursuant to Government Code §54956.9{b){2}{B). The City Council denied the
Conditional Use Permit application for Britt Hay. The property owner's attorney
told the City Attorney in a phone conversation on July 27, 1996 that he intends
to sue the City.
City Attorney Eckis announced that he is joining the City in an amicus brief in
the case of Cavanaugh v. The Santa Monica Rent Control Board.
MAYOR AND CITY COUNCIL-INITIATED ITEHS
25.
Councilmember Emery stated he has visited the new Rancho Bernardo Library
and requested that some of the computers in our new library be Macintosh.
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Councilmember Emery requested that the Senior Volunteer Patrol personnel
be given a report regarding the disposition of their reports.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:57 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:15 p.m. and adjourned the
meeting on motion by Councilmember Emery, seconded by Councilmember Rexford.
Marjodie~K. Wahlsten, City Clerk
City d~.~way
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