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.
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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
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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.
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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.
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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
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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.
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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
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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
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