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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: 5877 Page 2 - CITY OF POWAY - August 6, 1996 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. 5878 Page 3 - CITY OF PONAY - August 6, ]996 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. 5879 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. 5880 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. 5881 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