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CC 1997 03-18 CITY OF POWAY, CALIFORNIA NINUTES OF THE CITY COUNCIL REGULAR NEETING HARCH 18, 1997 The March 18, 1997, 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 Poway Community Center, 13094 Bowron Road, Poway, California. COUNCXLMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MENBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Jim Nessel John Falconer Penny Riley Patrick Foley Scott Nespor 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 Principal Planner Senior Planner Sheriff's Captain Assistant to the City Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PROCLANATION Mayor Higginson proclaimed March 20, 1997 as "Camp Fire Absolutely Incredible Kid Day" and presented a proclamation to a group of Camp Fire Girls who were present. PUBLIC ORAL COmmUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Roger Willoughby, 13732 Fairgate Drive, requested a ballot measure regarding term limits for Councilmembers. Teresa Clark, (no address given), asked questions about why John Fitch had resigned from the City. Josh Meehan, 13116 Bonita Vista, requested a skate park in Poway. Mayor 6O32 Page 2 - CITY OF POWAY - March ]8, ]997 Higginson requested a report regarding the status of recent legislation that would limit cities' liability for recreational activities such as skate parks. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the Consent Calendar as follows: Adopt Resolution No. 97-021, entitled, 'A Resolution of the City Council of the City of Poway, California, Designating Voting Delegate and Alternates to the Southern California Joint Powers Insurance Authority (SCJPIA) and rescinding Resolution No. 95-040." (1503-21) Appointment of Alyze Dreiling-Rozsnyai as Chairperson to the Performing Arts Advisory Committee. (701-09} e Appointment of Redevelopment Services Director as Assistant Executive Director and Assistant City Clerk as Assistant Secretary of the Redevelopment Agency. (403-04R) 6. Ratification of Warrant Register for period of February 24 - 28, lg97. (401-10) Motion carried unanimously. ITEM 1 (203-21) WET'N WILD WATER PARK PROJECT Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. If the City Council approves the water park project proposed at this meeting, on April 15 staff will propose a development agreement and owner participation agreement. One of the conditions of the OPA is a 3% ticket tax expected to generate $400,000 total annual revenue. $300,000 will go to the Redevelopment Agency and $100,000 would be used for promotion and advertising by Wet'n Wild. Staff report by Director of Planning Services Wright-Quastler. This public hearing is for the Wet'n Wild Water Park's final Subsequent Environmental Impact Report as well as the development applications, including the Specific Plan Amendment (SPA 84-01DD), Tentative Tract Map 96-01, Conditional Use Permit 96-05 and Development Review 96-02. The Specific Plan Amendment will create a new land use category which will allow a water park by conditional use permit. The Tentative Tract Map will divide 102 acres into 9 lots for purposes of ownership and use. The Conditional Use Permit will establish the conditions under which a water park can operate and the Development Review is required for site plan, architectural, signage, landscaping, and grading plan approval. The project is south of the intersection of Scripps Poway Parkway and Stowe Drive. It is part of the Tech Business Center tentative map approved in 1989. 6033 Page 3 - CITY OF POWAY - March 18, ]997 There are three areas. Area A is 43 acres north of Kirkham Way. It is the site of the proposed water park and all the development applications apply to Area A. Area B is 42 acres south of Kirkham Way. This area is only subject to the TTM application and will be developed as originally approved: industrial lots and natural open space. Area C is 8.6 acres immediately east of Area A and the applicant plans to expand the water park in the future. It is only subject to the Specific Plan Amendment and Tentative Tract Map. Future development will require separate environmental review and development applications. Bulk grading in conformance with the previously approved Tech Business Center map is proposed for all 3 areas in order to balance the grading quantities necessary for the water park development and future development in Areas B and C. The three main issues that seem to be of concern to the community are traffic, serving alcohol and the minimum age for unattended children in the park. The traffic generated by this use will be less than industrial development. The developer has proposed some restrictions on the alcohol sale including using clear cups. The developer proposes to post a sign regarding their policy of not allowing drop of children under 8 years of age. George Millay, President of Wet'n Wild, made the presentation and described the proposed project and the facilities it will have. He answered questions from the City Council. Speaking in opposition to the project: Doris Binhgam, 11555 Eastridge Place, San Diego, expressed concerns regarding traffic and serving alcohol. Ken Werner, 12956 Gate Drive, expressed concerns regarding security, noise and traffic. Eric Wiseman, 14546 Glenville, expressed concerns regarding traffic, lights and serving alcohol. W. Scott Biel, 550 West 'C", San Diego, with Brobeck, Phleger & Harrison, stated he represented a group of between 5 and 12 Poway residents. He presented written comments and stated the EIR is flawed. Natty Varban, 13002 Neddick Avenue, expressed concern regarding the future development of Area C and asked if the City had any control over the sale of the water park to another operator. Bernie Gusman, 13518 Aldrin Avenue, requested the project be put to a public vote. Hugh Largey, 11721 Pickford Road, San Diego, asked that alcohol not be served in the park. Larry Cruse, 13734 Utopia, President of the Southwest Poway Homeowners Association expressed concerns regarding the City's contribution to the financing of the project. In response to query by Councilmember Rexford, City Manager Bowersox stated the City will advance the costs of some off-site public improvements which will be reimbursed by other developers when they improve their property. 6034 Page 4 - CITY OF PONAY - March 18, 1997 Chris Cruse, 13734 Utopia, expressed concern about a future drought and stated she does not want Poway to be a tourist attraction. Peggy Collette, 13969 Bernadotte Lane, expressed concern regarding serving alcohol, live music, and whether approval of this project would lead to other tourist attractions being proposed for the South Poway area. Constance Griffin, 12655 Gate Drive, stated she had been told there would be no alcohol served and no live music. Peter Stein, 13314 Neddick Avenue, read a letter from Kathy Muhlea, 13333 Racquet Court, who was unable to attend the meeting. Gail Trunnell, 13314 Neddick Avenue, stated concern regarding the loss of 'The City in the Country." Richard Ludwig, 12720 Metate Lane, asked questions regarding conflict of interest; and stated the EIR was flawed. Speaking in favor of the project: Ron Enos, 16342 Martincoit Road, Green Valley Civic Association, stated they are in favor of the water park but think there should not be alcohol served and the drop off age should be 10 or 12. Orlando Malanga, Poway Unified School District, spoke in support of the opportunities for youth employment. Roger Willoughby, 13732 Fairgate Drive, stated if alcohol is not allowed at Wet'n Wild, then it shouldn't be allowed in City parks. Dick Lyles, 15606 Quail Mountain Road, stated this project will be good for the youth of Poway. Josh Meehan, 13116 Bonita Vista, stated the water park will be good for kids in that it will provide jobs and fun. Merrilee Boyack, 14418 Crestwood, stated children 8 years of age are too young to be left unattended and expressed opposition to alcohol being served. Bud Wiederrich, representing the Poway Chamber of Commerce, stated they are in favor of the project. Dwight Ritchey, 13742 Poway Road, stated Wet 'n Wild will be good for other businesses in Poway Michael Felix, 13458 Starridge Drive, suggested alcohol be in designated areas and not throughout the Park. Carlo Succi, 17126 Cliquot Court Ann Calvert, 15245 Ridgeview Place Neville Bothwell, 3575 Kenyon Street, San Diego, stated he owns land immediately west of the proposed project. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing. Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:30 p.m. and called it back to order at 9:45 p.m. with all Councilmembers present. Councilmember Rexford stated that noise, alcohol and drop off age are the three biggest issues but she is generally in favor of the project. She suggested that 6035 Page 5 - CITY OF POWAY - March 18, 1997 the drop off age be 10 or 12 and that alcohol only be allowed at private parties. Mayor Higginson stated he feels the project typifies Poway in that it is a wholesome family recreation activity. He stated he does not object to serving alcohol in designated areas and at private parties and suggested the Conditional Use Permit be reviewed annually. He asked about the sale of the project to another operator. City Attorney Eckis stated that the conditions are the same no matter who the owner or operator is, they run with the land. Councilmember Cafagna stated the project offers jobs and entertainment for the youth of Poway and to him the drop off age is a parental issue. Councilmember Emery stated he took a stand during his last campaign that he would support this project if certain questions were answered to his satification and they have been. He suggested the drop off age be 10 years old and the alcohol be served and consumed only in designated areas. Councilmember Goldby asked about the use of water during a drought. City Manager Bowersox stated the City Council adopted Ordinance 408 that is the City's water conservation plan. He requested a restriction on the serving of alcohol and suggested 13 as the drop off age limit, perhaps through use of a Wet'n Wild issued identification card. Motion by Mayor Higginson, seconded by Councilmember Emery to adopt Resolution No. 97-022, entitled, mA Resolution of the City Council of the City of Poway, California Certifying the Final Subsequent Environmental Impact Report for the Proposed Wet'n Wild Water Park Project (Final SEIR - State Clearinghouse No. 96071095) and Adopting CEQA findings and a mitigation monitoring and reporting program for project implementation," Resolution No. 97-023, entitled, mA Resolution of the City Council of the City of Poway, California Approving an Amendment to the South Poway Specific Plan, Specific Plan Amendment {SPA 84- 01DD)," and Planning Resolution No. P-97-11, entitled, mA Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 96-01, Assessor's Parcel Numbers: Portion of 323-090-73, Portion of 323-090-70, and 325- 010-09.~ Motion carried unanimously. Motion by Mayor Higginson, seconded by Councilmember Emery to adopt Planning Resolution No. P-97-12, entitled, mA Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-05 and Development Review 96-02, Assessor's Parcel Number: portion of 323-090-73," except for the drop off age and alcohol. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Goldby to approve the serving of alcohol with the restrictions proposed by the developer and in designated areas to be worked out with staff. Motion carried 4-1 with Councilmember Rexford voting ~no." Motion by Councilmember Emery, seconded by Mayor Higginson to approve a drop off 6036 Page 6 - CITY OF POWAY - March 18, 1997 age of 10 years. Motion carried 3-2 with Councilmember Rexford and Councilmember Goldby voting ITEM 2 (1402-02) FUNDRA[S)NG FOR NEW LIBRARY Staff report by City Manager Bowersox. City staff has met with the County librarian to discuss fundraising opportunities for the new library. Staff recommends a volunteer group of professional 'business representatives be identified to develop and conduct a fundraising campaign for the new library. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve staff recommendation. Motion carried unanimously. CITY ATTORNEY ITEMS City Attorney Eckis stated that due to the lateness of the hour, he would not request a closed session be held. ADJOURNMENT Mayor Higginson adjourned the meeting at 11:08 p.m. on motion by Councilmember Emery, seconded by Councilmember Rexford. · Wahlsten, City Clerk way 6037