CC 1997 04-01 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL I, 1997
The April 1, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Mark Weston
Randy Williams
Warren Sharer
Steve Streeter
Jim Bentz
Bob Krans
Penny Riley
Scott Nespor
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Engineering Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Community Services Manager
Fire Battalion Chief
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a Resolution of Commendation to Wayne Branstetter,
Poway High School head wrestling coach, who was recently inducted into the
National Wrestling Hall of Fame. He has been coaching in Poway for 20 years and
his teams consistently rank high in the state and the nation.
PUBLIC OI~AL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson stated Councilmember Goldby has pulled Item 12.2 in order to
discuss it. Motion by Councilmember Rexford, seconded by Councilmember Emery to
approve the Consent Calendar as follows:
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e
Approval of Minutes - City Council:
March 4, lg97 Regular Meeting
Se
Ratification of Warrant Register for period of March 10-14, 1997.
(401-10)
e
Approval of City's Investment Report for period ending February 28, 1997.
(408-01)
Appropriation of $120,500.00 from the Landscape Maintenance District Funds
to establish a fund account to hire an assessment engineering consultant.
(401-13)
Transfer of City of Poway Development Agreement, Standard Agreement for
the Construction of Public Improvements, and Poway Redevelopment Agency
Owner Participation Agreement from Shea Homes Limited Partnership to
Rolling Hills, LLC, for the Responsibilities Related to the Residentially
Zoned Portion of Rolling Hills Estates (TTM 88-04R}. {203-01}
10.
Award of Bid for the Poway Library, Sheriff's Station and Bus Shelter
projects (#5514 and #1523) to Kvaas Construction Co., Inc. in the amount
of $4,754,000. (602-01 #1190)
11.
Adoption of Resolution No. P-97-15, entitled, "A Resolution of the City of
Poway, California, Approving Temporary Use Permit 97-07" to allow
Culpepper and Merriweather Circus on April 11, 1997 in a tent with a
capacity of 950 spectators, concession trailers, animals and related
circus equipment on the north west corner of Danielson Court and Community
Road, sponsored by the Enyaam Lions Club. (203-07)
12.
Adoption of Resolution No. P-97-16, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
97-14" for Ranchos Cycling Club 6th Annual bicycle race on the streets of
Stowe, Danielson and Crosthwaite on April 6, 1997. (203-07)
12.1
Approval of the following position on pending legislation: support AB
1296, which would revise the list of hazardous recreational activities to
include skateboarding and exempting public entities from liability.
{referred from March 18, 1997, Public Oral Communications) (701-11)
Motion carried unanimously.
ITEM i (203-08)
CONDITIONAL USE PERMIT 97-02
APPLICANT: BALLARD POWER CORP.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to establish an alternative fuel cell manufacturing
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facility at 12190 Tech Center Drive. Fuel tanks containing hydrogen, nitrogen
and methanol used in the manufacturing process will be located on site. Piping
will carry gasses into the building for use in the assembly area.
Fire Battalion Chief Krans stated that the applicant had hired Eriksen-Rattan
Associates to prepare a technical report regarding the hazardous materials
storage and it outlines best management practices. Staff is satisfied that the
work process can be conducted in compliance with the applicable codes.
Councilmember Rexford asked what would happen if a tank blew up. Chief Krans
replied that hydrogen is lighter than air and would dissipate into the
atmosphere. It is flammable and if it caught fire, it would burn itself out.
Speaking in favor of staff recommendation:
Neil Otto, Vice President and site manager, Ballard Power, 12190 Tech
Center Drive.
Councilmember Cafagna asked questions about how the fuel is transported to the
site and how they chose to come to Poway.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing; issue a Negative Declaration; and adopt Planning Resolution No.
P-g7-17, entitled, ~A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 97-092, Assessor's Parcel Number 317-
271-18, 19." Motion carried unanimously.
ITEM 2 (1160-04)
ROADWAY LIGHTING ON METATE LANE
Staff report by Director of Engineering Services Weston. At the March 4, 1997
City Council meeting Edward Gladys and Richard Ludwig requested a street light
at the intersection of Metate Lane and Rick Street and asked why a street light
was installed east of the intersection. Weston reviewed the findings made by the
Traffic Safety Committee and recommended the City Council receive and file the
report.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane
Edward Gladys, 12813 Rick Street
Council concurred to receive and file the report.
ITEM 3 (1160-01)
SILVER RIDGE/SUNSET VIEW FOLLOW-UP
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Staff report by City Manager Bowersox. Council requested a six month follow up
with the residents to evaluate effects of attempts to slow traffic on Silver
Ridge and Sunset View. No comments were received from the residents and none
attended a neighborhood meeting or Traffic Safety Committee meeting that they
were invited to attend. The Traffic Safety Committee concluded that residents
are satisfied with current conditions and no other improvements are recommended
at this time.
Council concurred to receive and file the report.
ITEM 12.2 (1503-26)
SUPPORT FOR MTDB ISTEA FUNDING REOUEST
Councilmember Goldby stated he had pulled this from the Consent Calendar for
discussion and read from a letter he had received from Duncan Hunter which
opposes the opening of the Desert Line portion of the San Diego and Arizona
Eastern Railway. This item proposes a resolution of support for MTDB's request
for funding under the Intermodal Surface Transportation Efficiency Act (ISTEA).
Based on Congressman Hunter's letter, he could not support this without the
concerns over illegal alien smuggling and theft being addressed.
Mayor Higginson and Councilmember Emery gave some of the background on the ISTEA
funding and noted this will only provide a federally guaranteed loan for a
private freight short-haul operator.
Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution
No. 97-025, entitled, ~A Resolution of the Poway City Council Expressing Support
for the Metropolitan Transit Development Board's {MTDB} Request for Authorization
under the Intermodal Surface Transportation Efficiency Act {ISTEA) for the San
Diego Light Rail Transit (LRT) Program and the Desert Line Portion of the San
Diego and Arizona Eastern (SD&AE) Railway." Motion carried 4-1 with
Councilmember Goldby voting ~no."
CITY ATTORNEY ITEMS
14.
City Attorney Eckis requested a closed session regarding existing
litigation in the case of Poway Royal Mobile Home Owners Association v.
City of Poway, Superior Court case No. 682581.
MAYOR AND CITY COUNCIL-INITIATED ITENS
15A.
Councilmember Cafagna stated he and Councilmember Emery had met with a
consultant to discuss a public education program regarding the Fire
Protection Special Tax which will be Proposition A at the June 3, 1997
special election. Since the City is spending $80,000 to place this issue
on the ballot, we should make every effort to educate the voters about the
issue with the understanding that the City cannot spend public funds to
advocate a position. They would recommend the City hire Harley Knox and
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16A.
16B.
17.
19A.
Associates and noted a proposal summary had been distributed prior to the
meeting.
City Attorney Eckis clarified that Councilmembers can take a position and
work as individuals to support passage of the measure. He stated there
needs to be additional clarification in the agreement regarding who makes
decisions on various items in the campaign and who pays for printing,
postage, and other items.
Aaron Knox, 24560 Nandina, Moreno Valley, stated the "hard costs" such as
advertising, printing and postage would be paid for the City. Their "not
to exceed $15,000" contract does not include these costs. City Manager
Bowersox stated he will bring back a total budget for City Council review.
Motion by Councilmember Goldby, seconded by Councilmember Emery to retain
Harley Knox and Associates to prepare a public education program regarding
Proposition A with the agreement to be revised to the satisfaction of the
City Attorney. Motion carried unanimously. (1180-12)
Councilmember Emery stated SANDAG will be meeting on April 22 to discuss
funding for the 1-15 corridor and he is recommending the City Council take
action to request they rescind their prior action to delete all light rail
from the 1-15 corridor. He noted that North County Transit District also
took a similar action and we will need to work with them later.
Motion by Councilmember Emery, seconded by Mayor Higginson
to prepare a letter requesting SANDAG to rescind its deleti
rail from the 1-15 corridor. Motion carried unanimously.
to direct staff
on of all light
Councilmember Emery stated he would like the City Council to take a
position opposing triple trailer truck legislation and requested staff
prepare a report.
Councilmember Goldby stated he has been selected as chairman of the
Metropolitan Sewage System Commission.
Mayor Higginson stated that Councilmember Cafagna is appointing W.
Douglas McArthur to the Budget Review Committee. This item will be
scheduled again for April 15 for Councilmember Emery and Councilmember
Rexford's appointments.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 8:25
requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:45 p.m. with all
p.m. as
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Councilmembers present and adjourned on motion by Councilmember Emery, seconded
by Councilmember Rexford.
Marjo~i)~K. Wahlsten, City Clerk
City f~oway
6049