CC 1996 08-06 CITY OF PONAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 6, 1996
The August 6, 1996, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Reba Wright-Quastler
Mark Sanchez
Steve Streeter
Alan Fulmer
David Narevsky
Jim Nessel
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Director of Administrative Services
Director of Planning Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Redevelopment Manager
Senior Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Roger Willoughby, 13732 Fairgate Drive, stated more flood control measures
are needed on Poway Creek; asked where the funds went that had been budgeted for
the detention basin; stated the creek behind Creekside Plaza needs to be cleared
of vegetation; urged reversal of the decision to allow Jiffy Lube in Creekside
Plaza because it violates the Poway Road Specific Plan; and stated we need term
limits for Councilmembers.
City Manager Bowersox stated the detention basin funds were moved to the Scripps
Poway Parkway project and that the creek behind Creekside Plaza is planted
according to a mitigation plan approved by Fish & Game.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar, as follows:
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g. Ratification of Warrant Register for period of July 15-19, 1996 (401-10)
10. Approval of amendment to contract in the amount of $50,000 with David Paul
Rosen & Associates for affordable housing consulting services.
(602-01 #221R)
11. Designation of Mayor as voting delegate for League of California Cities
Annual Conference, October 13-15, 1996. (1503-22)
11.1
Approval of final map for Tentative Parcel Map 95-05, Gerald and Sharon
Burgreen applicants; two lots on 5.32 acres on the west side of Tierra
Bonita Road at Donart Drive. (203-02)
Motion carried unanimously.
ITEM 4 (203-21)
SCOPING HEARING/DP~AFT EIR NOTICE OF INTENT
WET 'N WILD WATER PARK PROJECT
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Wet'n Wild, Inc. has filed development applications for a water park
in the South Poway Business Park. This public hearing is being held to obtain
public input on the scope and content of the project"s Draft Environmental Impact
Report and consider initiation of a Specific Plan Amendment.
Staff report by Director of Planning Services Quastler. The project will be
located immediately south of the existing intersection of Scripps Poway Parkway
and Stowe Drive and on the north side of the planned Kirkham Way east extension.
It is described as a family-oriented recreational water park facility within a
~park" environment with single and two-story buildings, and water slide start
platforms and would provide parking for approximately 1,500 cars with additional
bus and RV parking. As shown on the exhibit, there are three parcels involved.
~A" is 45 acres for the water park site which is proposed to be redesignated from
industrial, light industrial and commercial to "water park facility". ~B" is 37
acres to the south of VA" which the developer will obtain permission to grade
within the South Poway Specific Plan 'limits of grading" in order to make the
project balanced. It will remain designated light industrial and natural open
space, uC" is 9 acres east of UA" which is being acquired for future expansion
of the water park and is proposed to be redesignated to that category. The time
line envisions presentation of the draft EIR in January with other approvals
coming to the City Council subsequently. Staff has identified fifteen issues for
the consultant to use to evaluate the potential impacts which may occur.
Speakers included:
Gall Trunnell, 13314 Neddick Avenue, requested a committee to look at
proposed changes in land use; asked who would pay for a special election
regarding an admissions tax; asked why sale of wine and beer is being proposed;
asked about visibility of towers and traffic impacts on Garden Road.
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Carol Funk, 11319 Creek Road, cited hydrology concerns.
Larry Cruse, 13734 Utopia Road, stated page 11 of 14 is illegible and
requested that all this information be put on the City's Web site.
Peggy Collette, 13969 Bernadotte Lane, asked what the drop off age will be
and who will supervise children that are dropped off; expressed opposition to
serving alcohol; asked if other cities that have these water parks have been
sued; asked if low income housing will be needed; and requested this matter be
put on the ballot.
Richard Ludwig, 12720 Metate Lane, asked about traffic impacts and
requested this matter be put on the ballot.
Randy Wilkins, 14617 Acton Court, requested this matter be put on the
ballot and suggested we need to decide if we are ready to give up on the business
park.
Roger Willoughby, 13732 Fairgate Drive
Merrilee Boyack, asked about impact on water rates; visual impact of the
towers; traffic impacts on Poway Road; impact on condition of our roads; impact
on community's safety; what the drop off age will be; and requested no liquor
sales.
Chris Cruse, 13734 Utopia, asked what recourse is available if she doesn't
agree with the EIR; cited experience with the Standard Pacific project and asked
who does mitigation monitoring. City Attorney Eckis and Director of Planning
Services Quastler explained the CEQA law. Mayor Higginson requested staff
prepare a memo for Councilmember Rexford regarding the issues brought up on
Standard Pacific since she was not on the City Council at the time.
Jay Goldby, 12320 Poway Road, representing the Chamber of Commerce.
Bruce Hamilton, 13178 Woodmont Street, cited favorable economic impacts
from addition of jobs.
Councilmember Rexford asked if a stage for entertainment is being proposed and
expressed concern about serving alcohol. George Millay, owner of Wet'n Wild,
stated they use a portable stage for the "summer nights" when they are open late
for entertainment. In other parks that is 40 to 50 nights per year.
Councilmember Callery asked how aesthetics of visual impacts are evaluated.
Bruce Campbell of Brian Mooney & Associates, EIR consultant, explained the points
of analysis which are normally roads or other public sites. Councilmember
Callery requested private homes be used as points of analysis, too.
In response to query from Councilmember Emery, Director of Planning Services
Wright-Quastler reviewed the chronology of events: 1) scoping hearing is held;
2) public comment period is over on August 26; 3) a draft £IR is prepared; 4)
there is a 45 day public review period; 5) response to comments are incorporated
into a final EIR; 6) public hearing is held to approve the final EIR, Specific
Plan Amendment, Conditional Use Permit, Development Review and Tentative Parcel
Map. That hearing will be no earlier than January, 1997.
Councilmember Emery stated he has to remain unbiased in this process and cannot
say he is in favor or opposed until all the information is in and urged the
community to let the process work.
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Page 4 - CITY OF POWAY - August 6, 1996
Mayor Higginson stated hydrology, transportation and traffic impacts are his main
concerns.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing and adopt Resolution No. 96-087, entitled, mA Resolution of the
City Council of the City of Poway, California Initiating an Amendment to the
South Poway Specific Plan, Specific Plan Amendment (SPA 84-01DD)," and direct
staff to complete the EIR process. Motion carried unanimously.
(Councilmember Emery left the room.)
ITEM 5 (401-27)
WEED AND NUISANCE ABATEMENT
1996-97 TAX ROLLS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City has incurred costs for the abatement of weeds and public
nuisances on private property. This action will reimburse the City by placing
the charges on the tax rolls.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-088, entitled, mA Resolution of the
City Council of the City of Poway, California Approving the Report Prepared for
the Collection of Weed Abatement, and Nuisance Abatement Charges on the County
Tax Assessor's Roll for the Year 1996-97.~ Motion carried 4-0 with Councilmember
Emery out of the room.
ITEM 6 (401-27)
FIRE PROTECTION FEES/HIGH VALLEY ROADS/LOANS
1996-97 TAX ROLLS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Annually the City collects various charges and assessments on the tax
rolls. This year this action includes fire protection fees, High Valley Road
Assessment District, and the neighborhood loan program.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to close the public
hearing and adopt Resolution No. 96-089, entitled, mA Resolution of the City
Council of the City of Poway, California, Establishing the Fire Protection Fees
and Street and Sewer Improvement Assessments to be Collected on the Property Tax
Roll for Fiscal Year 1996-1997." Motion carried 4-0 with Councilmember Emery out
of the room.
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Page 5 - CITY OF POWAY - August 6, 1996
ITEM 7 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 1
1996-97 TAX ROLLS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Annually the City Council establishes the amount of the special tax
to be assessed on property within the Community Facilities District No. 1 for
debt service. $11,365.04 per net usable acre is the amount for lgg6-g7.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 96-090, 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 South Poway Community Facilities
District No. 1 for Fiscal Year 1996-1997." Motion carried 4-0 with Councilmember
Emery out of the room.
(Councilmember Emery re-entered the meeting.}
ITEM 8 (401-27)
COMMUNITY FACILITIES DISTRICT NO. 88-1
1996-97 TAX ROLLS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Annually the City Council establishes the amount of the special tax
to be assessed on property within the Community Facilities District No. 88-1 for
debt service. $17,574.44 per net usable acre is the amount for 1996-97.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-091, entitled, UA 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 South Poway Community Facilities
District No. 88-1 (Parkway Business Centre) for Fiscal Year 1996-1997." Motion
carried unanimously.
ITEM 8.1 (702-00)
SAN DIEGO REGIONAL LIBRARY AUTHORITY
Councilmember Emery stated he attended the July 31, 1996 inaugural meeting of the
San Diego Regional Library Authority. San Diego Councilmember Judy McCarty was
elected Chairperson. The Authority unanimously approved the sales tax ordinance
and resolutions pertaining to the November election. The Authority will meet on
August 8, 1996 for second reading of the Ordinance. He stated he will not be
able to attend this meeting. Mayor Higginson stated he will try to attend.
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Page 6 - CITY OF POWAY - August 6, 1996
MAYOR AND CITY COUNCILMEMBER-INITIATED ITEMS
14.
Councilmember Cafagna requested that Councilmember Rexford be appointed to
the LAFCO Cities Advisory Committee to replace him. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to appoint
Councilmember Rexford as Poway's representative with Councilmember Cafagna
as alternate. Motion carried unanimously.
16.
Councilmember Emery requested that the City Attorney be authorized to join
the City in an amicus brief in the case of Suter, et al v. City of
Lafayette. The main issue of the case is whether state legislation
preempts a local agency's ability to regulate the sale of firearms within
its jurisdiction.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to direct
the City Attorney to join the City in the amicus brief. Motion carried
unanimously.
ADOOURNHENT
Upon motion by Councilmember Cafagna, seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to Tuesday, August 13, 1996 at 4:30 p.m.
in the Fire Station classroom, 13050 Community Road, Poway, California. The time
of adjournment was 8:17 p.m.
Marjo~rie\K. Wahlsten, City Clerk
City ~way
5882
NO TICE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 6, 1996, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Cafagna,
seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to
TUESDAY, AUGUST 13, 1996 AT 4:30 P.M.
in the Fire Station Classroom, 13050
Community Road, Poway, California. The
time of adjournment was 8:17 p.m.
Marjor~e\K. Wahlsten, City Clerk
City of~ Poway, California
August 7, lg96
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on August 7, 1996
K. Wahlsten, City Clerk
City O~_~oway, California