CC 1997 03-25 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CZTY COUNCIL REGULAR MEETING
HARCH 25, 1997
The March 25, 1997, 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.
COUNCILNEHBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF NEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
John Falconer
Penny Riley
Patrick Foley
City Manager
City Clerk
City Attorney
Director of Administrative 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
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a check for $3,000 to Linda Van Der Veen, Chairperson
of the Poway High School Grad Nite.
PROCLAHATION
Mayor Higginson proclaimed April, 1997 as "Emergency Preparedness Month" and
presented the proclamation to Director of Safety Services Sanchez.
PUBLIC ORAL COHHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson stated that Item 14.1 was pulled by the public. Councilmember
Emery stated he would abstain from voting on Item 11A.
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Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve
the Consent Calendar, as follows:
Approval of Minutes - City Council:
February 18, 1997 Regular Meeting
February 25, 1997 Regular Meeting
10.
Ratification of Warrant Register for period of March 3 - 7, 1997.
(401-10)
11. Denial of claims against the City: A) Annette Leveillee; B) Danielle
Forsgren. (704-13)
12.
Acceptance of report of Administrative Action taken on City
Initiated and Public Inquiry Items from November 19, 1996 to
1997.
Council-
March 3,
(7o1-1o)
13.
Approval of the following positions on pending legislation: oppose AB 923
which would repeal the Community Redevelopment Law; oppose SB 689 which
would prohibit a City from regulating any established business in a manner
that would require it to change its hours or manner of operation unless
the City compensated the owner; and support AB 1223 which would exempt
cities, counties and special districts from paying a fee for criminal
background checks for recreation employees. (701-11)
14.
Adoption of Resolution No. P-97-13, entitled, "A Resolution of the City
Council of the City of Poway, California approving Comprehensive Sign
Program 89-02M(2) Assessor's Parcel Numbers 314-632-47,", Sun Coast
Homes, Inc., owner: to modify the existing program for the Twin Peaks
Plaza North commercial center located at 14969 Pomerado Road to allow
business logo signs on the Pomerado Road elevation of the Center{203-15)
Motion carried unanimously, with Councilmember Emery abstaining on Item 11A.
ITEM 1 (203-24)
MINOR CONDITIONAL USE PERMIT 97-01
APPLICANT: KELLY BURT
Mayor Higginson opened the public hearing.
Ed Malone, who had turned in a white Public Oral Communications speakers slip but
indicated on the slip that he wished to speak on Item 14.1, interrupted the
meeting and stated he wished to speak regarding the supplemental agenda process.
Mayor Higginson stated he would trail the Public Oral Communications portion to
the end of the meeting since Mr. Malone was staying for Item 14.1. Mr. Malone
continued to speak and Mayor Higginson requested the Sheriff to escort Mr. Malone
from the meeting. Mr. Malone left the meeting and returned prior to Item 14.1.
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Staff report by City Manager Bowersox. This is a request to add eight lights to
an existing tennis court at 14224 Harrow Place. Staff recommends approval.
There was no one present wishing to speak.
Council commended the applicant for getting the approval of their neighbors.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Planing Resolution No. P-97-14, entitled, 'A Resolution
of the City Council of the City of Poway, California, Approving Minor Conditional
Use Permit 97-01, Assessor's Parcel Number 278-461-30." Motion carried
unanimously.
ITEM 2 (602-01 #267R)
OWNER PARTICIPATION AGREEMENT
WET'N WILD WATER PARK
Mayor Higginson opened the public hearing and noted that staff is recommending
this item be continued to April 15, 1997 so it can be considered along with the
Development Agreement.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
consideration of Wet'n Wild's Owner Participation Agreement to April 15, 1997.
Motion carried unanimously.
ITEM 3 (60-01 #1189)
COMMUNICATIONS MASTER PLAN
Staff report by City Manager Bowersox. One of the City Council goals is to
further technology as a infrastructure within the City. To date, the City has
not developed a master communications plan to identify and address the necessary
procedures for planning, design, and implementation of a citywide communications
system. Staff is recommending hiring DKS Associates to develop the Master Plan
to connect City facilities. In addition, the Poway Unified School District is
interested in being involved in the master planning.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to authorize
the appropriation of $27,500 from the public, educational, and governmental (PEG)
Fund to hire DKS Associates and authorize staff to submit grant applications to
fund the construction of the traffic signal network and the City communications
network system. Motion carried unanimously.
ITEM 4 (401-30)
TDA FUNDS FOR BICYCLE PATH
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Staff report by City Manager Bowersox. The SANDAG Bicycle Facilities Committee
is accepting grant proposals for this year's allocation of funds for bicycle and
pedestrian related improvements. Staff is proposing submittal of two
applications, the first for $60,800 to construct a bicycle path from Poway Road
along Rattlesnake Creek to the Community Park which provides connecting access
to the Library and Sheriff station. The second is for $2,500 for bike racks at
the new Library/Sheriff complex.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 97-024, entitled, "A Resolution of the City Council of the City
of Poway, California Requesting Grant Funds Through the Transit Development Act
and TransNet to provide for the Construction of a Bicycle Path from Poway Road
to the Poway Community Park and the Installation of five bike racks to be located
within the new Library/Sheriff Substation Complex." Motion carried unanimously.
ITEM 6 (1207-01)
PROPOSED TRANSIT SERVICES FY 97-98
Staff report by City Manager Bowersox. The funding to operate the Poway transit
services is a combination of passenger fare revenue and Transportation
Development Act (TDA) funds. In FY 97-98, staff is recommending the same level
of service while increasing ridership through an aggressive marketing program.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
transit service levels proposed in the FY 97-98 TDA claim and allocate
approximately $29,671 from the unallocated capital reserve and $109,821 from the
prior year unallocated reserve. Motion carried unanimously.
ITEM 7 (1160-04)
SAFETY REVIEW OF BOWRON ROAD
Staff report by City Manager Bowersox. On January 7, lgg7, Carol Long requested
a review of traffic conditions on Bowron Road. The Traffic Safety Committee
determined that 85th percentile speeds on Bowron are slower than that on most
other residential and collector streets in Poway. However, with the completion
of the Library and Sheriff's Station, the traffic volumes will most likely
increase and installation of 25 MPH signs have been directed. Staff recommends
the report be received and filed. Council concurred.
(Councilmember Emery left the room.)
ITEM 14.1 (602-01 #260R)
ASSIGNMENT OF OWNER PARTICIPATION AGREEMENT
FROM MCMILLIN TO PARKWAY DEVELOPMENT LLC
Staff report by City Manager Bowersox. McMillin 4S Business Park has requested
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approval for a transfer of their portion of the Development Agreement and Owner
Participation Agreement for approximately 180 acres within CFD 88-1 to a new
financial entity named Parkway Development, LLC which is a partnership with their
investor, Hillwood Development Corporation. McMillin remains the responsible
party. Escrow is scheduled to close on March 27, 1997 and staff recommends
approval.
Ed Malone, 17150 Old Coach Road, spoke in opposition to this item being added on
the supplemental agenda and stated he did not have time to review the item since
the report was only ready shortly before the meeting and suggested it was not
appropriate for the City Council to take action when they had not had time to
study the report.
(Councilmember Emery re-entered the meeting.)
In response to query by Mayor Higginson, City Attorney Eckis stated that the
Brown Act requires posting of a description of what is to be discussed at least
72 hours prior to the meeting. There is no requirement for a staff report. The
City of Poway publishes their initial agenda a week earlier than most cities and
the posting of the supplemental agenda complies with the Brown Act. He stated
he and Mr. Malone have discussed this in the past.
Speaking in favor of staff recommendation:
Mike Binkle, 14068 Valley Springs Road, representing McMillin
Motion by Councilmember Emery, seconded by Mayor Higginson to approve the
transfer of City of Poway Development Agreement with McMillin 4S Business Park,
Inc. to Parkway Development LLC and authorize the execution of appropriate
documents. Motion carried unanimously.
CITY MANAGER ITEMS
14.
City Manager Bowersox announced that Fire Battalion Chief Garry MacPherson
has accepted a position as Fire Chief with the City of Coronado.
CITY ATTORNEY ITEMS
15.
City Attorney Eckis requested a closed session with the City Council to
discuss existing litigation pursuant to Government Code Section 54956.9(a)
in the case of Poway Royal Mobile Home Owners Association v. City of
Poway, Superior Court Case No. 682581.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Councilmember Goldby stated he had voted Uno" on support for legislation
giving tax credits for reroofing from shake shingles to Class A material.
He has been asked about this and wanted to explain his objection to tax
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credits. The City has reduced building permit fees and he would support low
interest loans, but he feels granting tax credits increases taxes on others.
21.
Mayor Higginson stated he is appointing Howard Maher to the Budget Review
Committee and Councilmember Goldby is appointing Bruce Hamilton. The City
Clerk was instructed to place this item on the April 1 agenda for the
other City Councilmember appointments.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at
7:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:30 p.m. with all
Councilmembers present and adjourned the meeting.
· Wahlsten, City Clerk
oway
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