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CC 1997 04-15 CITY OF POWAY, CALIFORNIA HINUTES OF THE CZTY COUNCIL REGULAR HEETING APRIL 15, 1997 The April 15, 1997, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson and Honorary Mayor Schultz at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMENBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson, Honorary Mayor Tracy Ann Schultz STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Steve Streeter John Falconer Penny Riley Patrick Foley Scott Nespor 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 Principal 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. PRESENTATIONS Mayor Higginson presented a plaque to Tracy Ann Schultz, Poway High School student and Mayor for the Day. Tracy is serving in this capacity through a fundraising auction for the Twin Peaks Foundation. City Manager Bowersox and Honorary Mayor Schultz presented employee service awards to Dan Cannon, Maintenance Operations Division Manager, 20 years; Bob Siebenthaler, Code Compliance Officer, 20 years; and Kevin Kitch, Fire Captain, 15 years. PROCLAMATION Honorary Mayor Schultz read a proclamation for Earth Day/Arbor Day on April 19, 1997 and presented it to Dan Cannon. 6050 Page 2 - CITY OF POWAY - April 15, 1997 PUBLIC ORAL COHHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Larry Cruse, 13734 Utopia, representing the Southwest Poway Homeowners Association, suggested the City donate the 10 acres at Ted Williams Parkway and Pomerado Road to Palomar College for their learning center in order to get the process moving more quickly. Erin, probation officer working at 457 Forrest Gate Road, Campo, urged the City Council to reconsider allowing a drop off age of 10 years at Wet 'n Wild and, in response to questions by Council, suggested 15 or 16 years would be more appropriate. Constance Griffin, 12655 Gate Drive, read the letter submitted by the Imperial Irrigation District in response to the Wet'n Wild Environmental Impact Report and questioned Wet'n Wild's affect on our water system, particularly in case of a drought. CONSENT CALENDAR Mayor Higginson stated Item 20.1 was pulled by the public. Motion by Mayor Higginson, seconded by Councilmember Emery to approve the Consent Calendar, as follows: Approval of Minutes - City Council: March 11, 1997 Regular Meeting March 18, 1997 Regular Meeting 10. Ratification of Warrant Register for period of March 17-21 and March 24- 28, 1997. (401-10} 11. Denial of claim against the City: Barry Bourgeois. (704-13) 12. Approval of one-year extension to October 27, 1997 of contract with Group Delta Consultants, Inc. to provide geotechnical services to the City and the Agency. (602-01 #956) 13. Acceptance of the Midland Road/Del Poniente Sewer Line Phase I from Underground Utilities, Inc. (1803). (602-01 #1157) 14. Approval of renewal of Agreement Between California Department of Fish and Game and City of Poway for funding Interpretive Services at Blue Sky Ecological Reserve. {602-01 #1006} 15. Approval of request from For Parents' and Kids' Sake for the City of Poway to Co-Sponsor the Third Annual Family Day Event at Lake Poway on Saturday, June 7, 1997 from 11 a.m. to 4 p.m., including waiver of parking fee for 6051 Page 3 - CITY OF POWAY - April ]5, 1997 nonresidents, fishing fees and authorize advertising the event on the back of City transit buses. (1180-05) 16. Award of Bid for the 1997 City Weed Abatement Program to Graham & Associates of Vista, California. (602-01 #1193} 17. Award of Bid for the Americans with Disabilities Act (ADA) Parks Retrofit Project in the amount of $141,020 to The Wright Company. (602-01 #1194) 18. Adoption of Resolution No. 97-026, entitled, 'A Resolution of the City Council of the City of Poway, California Establishing All Way Stop Controls at the Intersection of High Valley Road with Markar Road and Vali Hai Road." (This item was also discussed later in the meeting. Ill60-01) 19. Authorization to contract with Darnell & Associates, Inc. for Traffic Engineering Technician Services. (602-01 #1192) 20. Acceptance of Landscape Improvements Within Landscape Maintenance District 87-1 for DR 95-21: Rainbow Crane, applicant. (203-14) 20.2 Modification and Clarification of the house plotting for Development Review 96-06, Old Coach Collection, submitted by Greystone Homes, applicant: to allow the construction of 39 single-family homes ranging in size from 3,150 square feet to 4,000 square feet on 150 acres located northwest of the intersection of Espola Road and Old Coach Road in north Poway. (203-02) 20.3 Approval of work plan and appropriation of $22,000 from the General Fund Reserve for the Public Education Campaign for Proposition A on the June 3, 1997 ballot, Fire Protection Tax. (1180-12) Motion carried unanimously. ITEM 1 (602-01 #267R) OWNER PARTICIPATION AGREEMENT WET'N WILD WATER PARK Honorary Mayor Schultz opened the public hearing. Staff report by City Manager Bowersox. On March 18, 1997, the City Council approved the development of the Wet'n Wild Water Park in South Poway. As stated at that meeting, staff and the developer have negotiated an Owner Participation Agreement that would require advance Redevelopment Agency assistance of up to $735,500 for off-site improvements. In return, the Agency will annually receive an amount equivalent to 3% of the revenue from admissions, estimated at approximately $400,000 with 25% of that going to advertising and promoting the City and the Water Park, and the balance going to the Agency. The cost of the off-site improvements will be recovered from reimbursement agreements with future developers. 6052 Page 4 - CITY OF POWAY - April 15, 1997 Speaking in opposition to staff recommendation: Peggy Collette, 13969 Bernadotte Lane, questioned whether the developer could sell one parcel. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 97-027 entitled, 'Resolution of the City Council of the City of Poway approving Expenditures for Public Improvements Pursuant to an Owner Participation Agreement by and Between the Poway Redevelopment Agency and Poway Partners, L.L.C. and Making Certain Findings in Connection Therewith." Motion carried unanimously. ITEM 2 (70i-04) ORDINANCE NO. 471/FIRST READING DEVELOPMENT AGREEMENT FOR WET'N WILD Honorary Mayor Schultz opened the public hearing and read the title of Ordinance No. 471, JAn Ordinance of the City of Poway Approving a Development Agreement with Poway Partners, L.L.C. under Government Code 65864-65869.5 and Poway Municipal Code Chapter 17.53." Staff report by City Manager Bowersox. The City Council is authorized to enter into development agreements when a significant public benefit is to be received from a project. This development agreement will commit the City to the development standards for a period of ten years for TTM 96-01, CUP 96-05, and DR 96-02. Development not currently approved would be required to meet standards and pay fees in effect at the time of an application. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further reading and continue the public hearing to April 29, 1997 for second reading and adoption. Motion carried unanimously. ITEM 3 (203-08) CONDITIONAL USE PERMIT 96-15M APPLICANT: CITY OF POWAY Honorary Mayor Schultz opened the public hearing. Item introduced by City Manager Bowersox. This is a request to operate a permanent household hazardous waste collection facility at the City's materials handling yard at 12325 Crosthwaite Circle. Staff report by Director of Public Services Williams. The County of San Diego is discontinuing their household hazardous waste collections. The City has received a $106,100 grant from the California Integrated Waste Management Board to help finance site preparation and equipment costs to have our own site in Poway. It will be staffed by the County and will be open by appointment on Saturdays. 6053 Page 5 - CITY OF POWAY - April 15, 1997 Don McElvey, 13857 York Avenue, asked who maintains the manifests. Director Williams stated the County will. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing, issue a Negative Declaration with Mitigation Measures and adopt Planning Resolution No. P-97-18, entitled, ~A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 96-15, Assessor's Parcel Number 317-280-50." Motion carried unanimously. ITEM 4 (203-04) VARIANCE 97-02/DEVELOPMENT REVIEW 96-30 APPLICANT: W. H. POMERADO Honorary Mayor Schultz opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct an industrial building on each of the five lots that were recently created with the subdivision of Lot go of the Pomerado Business Park. The applicant is also requesting a variance approval to allow portions of each of the building that are to be constructed at 12216, 12200 and 12201 Thatcher Court (formerly 13325 Danielson Street) to observe a 20 foot setback when the required front yard setback is 35 feet. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-97-19, entitled, 'A Resolution of the City Council of the City of Poway, California Approving Variance 97-02 and Development Review 96-30, Assessor's Parcel Number 317-281- 07." Motion carried unanimously. ITEM 5 (701-04) ORDINANCE NO. 472/FIRST READING COMMERCIAL LAND USE MATRIX Honorary Mayor Schultz opened the public hearing and read the title of Ordinance No. 472, ~An Ordinance of the City of Poway, California Amending Title 17.10.060 - Commercial Land Use Matrix of the Poway Municipal Code." Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright- Quastler. When the Poway Road Specific Plan was adopted, four new land use designations were created and the land use matrix was modified to address the changes created by the new zones. Subsequently, the City has received requests from new commercial businesses to locate in Poway, with land uses not listed in the matrix. Staff proposes computer and computer software stores, car rental facilities, boat and RV rental, and tobacco shops be added to the matrix. Tobacco shops will only be allowed in the CG and A/GC zones with a conditional use permit. The existing category of "recreation facilities such as billiard 6054 Page 6 - CITY OF POWAY - April 15, 1997 parlors, batting cages, and skating rinks" is proposed to be expanded to include 'other large interior sporting uses." Council asked if any further restrictions could be put on tobacco shops. City Attorney Eckis stated he will look at that. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further reading and continue the public hearing to April 29, 1997 for second reading and adoption, and directed staff to look at a future amendment to make tobacco store locations more restrictive. Motion carried unanimously. ITEM 6 (401-30) DEPARTMENT OF FISH & GAME GRANT Staff report by City Manager Bowersox. The State Department of Fish & Game, through the Natural Community Conservation Planning Program, has allocated $86,500 towards the acquisition of 16 acres adjacent to Blue Sky Ranch for a parking facility and new trail head. Staff has prepared the necessary Resolution to authorize the grant. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 97-028, entitled, 'A Resolution of the City Council of the City of Poway, California Requesting Acceptance of Grant Funds through the State Department of Fish and Game's NCCP Program to Assist in the Acquisition of 16 acres of land Located adjacent to the Blue Sky Ranch Ecological Reserve, APN: 277-140-11, 13 & 14; 278-320-10," and commended Jim Lyon, Planning Services Department, for his grant writing skills. Motion carried unanimously. ITEM 7 (4oi-i7) MUNICIPAL CREDIT CARD Staff report by Director of Administrative Services Stewart. On January 21, 1997, the Council requested staff report on the feasibility of having a City of Poway credit card. The Cities of La Mesa and Del Mar have done this. The first step is to find a bank that is willing to offer a competitive interest rate and provide a rebate to the City. Following discussion, motion by Councilmember Emery, seconded by Councilmember Cafagna to direct staff to conduct a citizen sample to determine interest and explore possible bank partners. Motion carried unanimously. ITEM 20.1 (701-11) PENDING LEGISLATION Mayor Higginson stated this item was pulled from the agenda by the public. 6055 Page 7 - CITY OF POWAY - April 15, 1997 Peggy Lester, 13522 Robley Ranch Road, spoke in favor of AJR 8 that would notify the President and Congress of California's desire to maintain the standards relating to truck size and weight and not allow triple trailers. She stated that the Californians for Safe Highways will be having a press conference tomorrow in Balboa Park and invited the City Council to attend. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt the following positions on pending legislation: oppose SB 1227 which would reverse three court cases which recognize that cities have local legislative authority to deny or mitigate housing projects based on the adequacy of infrastructure including school facilities; oppose SB 1156 which will prohibit cities from adopting any zoning or development regulation which makes the development of multifamily rental housing infeasible; oppose AB 319 which would require the Department of Forestry and Fire Protection to maintain certain staffing levels; support AB 1362 which will validate all taxes enacted prior to December 14, 1995 by a majority vote; and support AJR 8. Motion carried unanimously. ITEM 18 (1160-01) ALL-WAY STOP IN HIGH VALLEY Councilmember Cafagna stated he had wanted to address this item on the Consent Calendar but failed to pull it. He has been contacted by residents that suggest a yield at Vali Hal would be better than all-way stops. Director of Engineering Services Weston stated that this intersection has been reconfigured and sight visibility, as well at driveway access at Tooth Rock Road necessitates the all- way stop. This item was approved with the Consent Calendar. CITY ATTORNEY ITEHS City Attorney Eckis requested closed sessions for existing litigation, Poway Royal Mobile Home Owners Association v. City of Poway; and 2 cases of anticipated litigation. MAYOR AND CITY COUNCIL-INITIATED ITEMS The Mayor and City Councilmembers commended Tracy Ann Schultz, Honorary Mayor for the Day and thanked her for her assistance in chairing this City Council meeting. 24A. Councilmember Emery, the City's representative to Metropolitan Transit Development Board, presented an item from their Executive Committee agenda for April 17, 1997 regarding SANDAG's proposal for State-local Fiscal Reform which would provide the cities with an extra one cent local sales tax and additional property taxes in return for the state retaining certain fees. Among other things the proposal would eliminate the Transportation Development Act and the resulting transit funding statewide and MTDB would like the proposal to be amended to delete this provision. Mayor Higginson 6056 Page 8 - CITY OF POWAY - April ]5, 1997 requested staff to draft comments for the City Council to consider at the April 22, 1997 meeting. 27A. Mayor Higginson announced that Councilmember Rexford's appointment to the Budget Review Committee is Carol Chostner. 27B. Mayor Higginson announced he is appointing Barbara Nielsen to the Performing Arts Advisory Committee. CLOSED SESSION Mayor Higginson called for a closed session at 8:30 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:30 p.m. with all Councilmembers present and adjourned the meeting on motion of Councilmember Emery, seconded by Councilmember Rexford. Wahlsten, City Clerk ay 6057