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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: 6O44 Page 2 - CITY OF POWAY - April 1, 1997 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 6045 Page 3 - CITY OF POWAY - April 1, lgg7 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 6046 Page 4 - CITY OF POWAY - April 1, 1997 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 6O47 Page 5 - CITY OF POWAY -Apri] 1, lgg7 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 6048 Page 6 - CITY OF POWAY - April 1, 1997 Councilmembers present and adjourned on motion by Councilmember Emery, seconded by Councilmember Rexford. Marjo~i)~K. Wahlsten, City Clerk City f~oway 6049