CC 1999 03-23 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 23, 1999
The March 23, 1999, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Penny Riley
Bob Thomas
Javid Siminou
Ron Ballard
Warren Shafer
John Tenwolde
Jim Bentz
Steve Streeter
Jim Nessel
Jim Lyon
Jennifer Monroe
City Manager
City Clerk
City Attorney
Deputy City Manager
Director of Community Services
Acting Director of Engineering Services
Interim Director of Planning Services
Director of Redevelopment Services
Sheriff's Captain
Community Services Manager
Principal Planner
Senior Planner
Assistant Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Council heard a presentation by Jerry Hargarten, Chairman of the MARCH Coalition,
Richard Earnest, Mayor of Del Mar and Barbara Lichman, Attorney for MARCH Coalition,
on the out of court settlement involving use of MCAS Miramar for Marine Corps
Helicopters. Mayor Cafagna presented Mr. Hargarten with a plaque of appreciation.
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Carol Dorman, San Diego Gas & Electric Company Govemmental Affairs Representative,
introduced Don Parent who will be the new Representative for the City of Poway. Mayor
Cafagna presented Ms. Dorman with a plaque of appreciation for her years of service to
the citizens of Poway.
Mayor Cafagna presented $500 to Gail Mayfield, the 1999 Rancho Bernardo High School
"Grad Nite" Committee Chairperson.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Ed Carboneau, 14073 Pomegranate Avenue, stated he would be asking Council to hear
a presentation in May on concerns he has about actions taken by the Poway
Redevelopment Agency.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
5. Ratification of Warrant Register for the period of March 1-5, 1999.(401-10)
Approval of Minutes - City Council
March 2, 1999 - Regular Meeting
March 4, 1999 - Adjourned Regular Meeting
Report on the Formation of the Economic Development Association of Poway
(EDAP). (209-00)
Approval of a Consultant Agreement Between the City of Poway and LaBelle-
Marvin, Inc. for Pavement Evaluation Services in the amount of $31,125.
(602-01 #1317)
10. Acceptance of Phase III of Fiscal Year 1998/99 Concrete Repair Projects from H&D
Construction Company. (602-01 #1244)
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11.
Adoption of Resolution No. 99-016 -Approving Contract Extension for the Rental
of Dump Trucks and Drivers with Kissinger Equipment Rental until March 10, 2000
and Authorizing the Director of Public Services to approve annual contract
extensions through March 10, 2002. (602-01 #1239)
12.
Adoption of Resolution No. 99-017 -Approving Contract Extension for Lease of an
Asphalt Grinder and Driver from Asphalt, Inc. until March 10, 2000 and Authorizing
the Director of Public Services to approve annual contract extensions through
March 10, 2002. (602-01 #1238)
13.
Adoption of Resolution No. 99-018 - Approving Contract Extension for purchasing
of Asphalt Materials from Asphalt, Inc. until March 10, 2000 and Authorizing the
Director of Public Services to approve annual contract extensions through March
10, 2002. (602-01 #1320)
14.
Adoption of Resolution No. 99-019 -Approving Contract Extension for the Surface
Patch Program to J.D. Paving, Inc. until April 2, 2000 and Authorizing the Director
of Public Services to approve work, release payments when appropriate, and
approve annual contract extensions through April 2, 2002. (602-01 #1251)
15.
Adoption of Resolution No. 99-020 - Approving Contract Extension for the Concrete
Repair Program to H & D Construction Company until April 14, 2000 and authorizing
the Director of Public Services to approve work, release payments when
appropriate, and approve annual contract extensions through April 14, 2002.
(602-01 #1244)
Motion carried unanimously.
ITEM 1 (203-01)
TENTATIVE TRACT MAP 89-09/REVISED & TIME EXTENSION
APPLICANT: ROBERT WILLIAMS
Mayor Cafagna opened the public hearing and then disqualified himself from participation,
leaving the dias, as he owns a home within 1500 feet of the proposed project. Introduction
by City Manager Bowersox. This is a request for a two year time extension for a previously
approved tentative tract map which subdivides a 77.09 acre site into 10 lots using lot
averaging. Revisions to the lots 3 and 7 pad locations are requested. The property is
located at the western terminus of Del Poinente Road and contiguous with the north-facing
slopes of Twin Peaks. The action this evening is only to address the two year time
extension.
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There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-99-20, entitled, "A Resolution of the
City Council of the City of Poway, Approving Tentative Tract Map 89-09 Time Extension
Assessor's Parcel Numbers 314-031-16, 17, 18, 19." Motion carried 4-0 with Mayor
Cafagna disqualified.
ITEM 2 (602-01 #267R)
RESCINDING PREVIOUS DEVELOPMENT APPROVALS
APPLICANT: WET'N WILD WATER PARK
Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox.
This public hearing is to consider rescinding or repealing certain previous development
application approvals and other related actions taken by the City Council/Redevelopment
Agency concerning the Wet'n Wild Waterpark Project. The applicant decided not to
develop the waterpark and the City and Agency insisted the applicant honor the
agreements that had been negotiated and filed a Notice of Default in June of 1998 under
the Owner Participation Agreement. A settlement agreement has been reached regarding
the disposition of the project site in order to allow for the industrial and commercial land
uses originally anticipated for the project site pursuant to the adopted South Poway
Specific Plan. With the execution of the settlement agreement, it is recommended the City
and Agency rescind or repeal certain previous development application approvals for the
proposed waterpark project.
Mayor Cafagna returned to the Council Chambers during the City Managers report.
The following person was present wishing to speak:
Roger Willoughby, 13732 Fairgate Drive, expressed his opinion that the new location
should be zoned for waterpark use prior to rezoning the current site back to industrial use.
City Attorney Eckis explained that the proposed resolutions do not take effect until the
conditions of the settlement agreement are met.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to continue the
public hearing and adopt the following resolutions: Resolution No. 99-021, entitled, "A
Resolution of the City Council of the City of Poway, California Rescinding Resolution No.
97-023 Approving an Amendment to the South Poway Specific Plan, Specific Plan
Amendment (SPA 84-01DD)," Planning Resolution No. P-99-21, entitled, "A Resolution of
the City Council of the City of Poway, California Rescinding Resolution No. P-97-11
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Approving Tentative Tract Map 96-01 Assessor's Parcel Numbers: 323-090-74 (Formerly
a Portion of 323-090-73), Portion of 323-090-70, and 325-010-09," Planning Resolution No.
P-99-22, entitled, "A Resolution of the City Council of the City of Poway, 0alifornia
Rescinding Resolution No. P-97-12 Approving Conditional Use Permit 96-05 and
Development Review 96-02 Assessor's Parcel Number 323-090-74 (Formerly a Portion of
323-090-73)," Resolution No. 99-022, entitled, "A Resolution of the City Council of the City
of Poway Rescinding Resolution No. 97-027 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," Redevelopment Resolution No. R-99-18, entitled, "A Resolution
of the Poway Redevelopment Agency Rescinding Resolution No. R-97-06 Approving an
Owner Participation Agreement By and Between the Poway Redevelopment Agency and
Poway Partners, L.L.C. and Making Certain Findings in Connection Therewith," and held
first reading by title only of Ordinance No. 511, entitled, "An Ordinance of the City of
Poway, California Repealing Ordinance No. 471 Approving A Development Agreement with
Poway Partners, L.L.C. Under Government Code Section 65864-65869.5 and Poway
Municipal Code Chapter 17.53," setting second reading and adoption for the regular
meeting of April 13, 1999. Motion carried unanimously.
ITEM 3 (203-21)
ENVIRONMENTAL ASSESSMENT OF SPECIFIC PLAN 88-01
APPLICANT: NEVILLE BOTHWELL (CREEK ROAD ENCLAVE)
Mayor Cafagna opened the public hearing. Councilmember Rexford disqualified herself
and left the dias, as she owns property within 1500 feet and also represented the seller
as a real estate agent. Staff report by City Manager Bowersox. This is a request to amend
Specific Plan 88-01 by COnsidering the appropriation of unallocated units to the Plan Area
from the formally residentially zoned sections of the South Poway Business Park.
The following people were present wishing to speak:
George Wu, 13844 Paseo Aldabra, San Diego, read a letter in opposition to the
appropriation of additional units.
Robert Heimpel, 11646 Creek Road, spoke in opposition to any additional appropriation.
James L. Rostvet, 11550 Creek Road, spoke in opposition to any additional appropriation.
Neville Bothwell, applicant, 5302 Alta Bahia, San Diego spoke in support of the request.
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Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing and deny the request. Motion carried 4-0 with Councilmember Rexford
disqualified.
ITEM 4 (701-09)
PARKS & RECREATION ADVISORY COMMITTEE
SPORTS FIELD IMPROVEMENTS
Staff report by City Manager Bowersox. This is a report containing recommendations from
the Sports Subcommittee of the Parks and Recreation Advisory Committee of an update
to the Poway Fields Needs Assessment. They have identified four projects: 1 ) Starridge
Park full-size baseball field, 2) Arbolitos Sports Field lighting, 3) Meadowbrook Middle
School upper field improvements, and 4) Poway High School lacrosse/multipurpose field
development. Cost estimates range from $200,000 to light the Arbolitos Sports Field to
$750,000 to fully improve the Meadowbrook Middle School upper field. Redevelopment
funds would be needed as the source of funding for projects requiring this level of
expenditure. Currently there is insufficient tax increment to issue Redevelopment Agency
bonds which would generate the needed funds.
The following persons were present wishing to speak:
Neil Tarzy, Chairman of the Sports Subcommittee, 14463 Maplewood Street provided an
overview of the committee recommendations stating they were in no specific order, just
the four most important items were identified.
Chds Cruse, 13734 Utopia Road, expressed her view that there was a need for more ball
fields and neighborhood parks in South Poway, but was opposed to baseball fields in
Starridge Park.
Tom Reidy, 14402 Crestwood Avenue, stated he supported the committee
recommendations with exception to lighting of Arbolitos Sports Park.
Larry Hinman, 14374 Crestwood Avenue, stated he opposed the lighting of Arbolitos
Sports Park and inquired as to whether an environmental impact report was done or would
be required if lighting were to go forward.
Deputy Mayor Emery stated that the receipt and file of this report in no way indicates
Council support of all items contained therein.
General discussion ensued with Council concurrence to receive and file the report with
direction to staff to look into the Meadowbrook Middle School site possibilities.
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CITY MANAGERITEMS
City Manager Bowersox congratulated Councilmember Rexford on her recent recognition
at the 1999 Bravo Awards sponsored by the National Association of Women Business
Owners as a woman who made significant contributions to the local business community.
City Manager Bowersox then announced the appointment of the new Director of
Development Services, Niall Fritz, who will begin with the City on April 12, 1999.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18A.
Deputy Mayor Emery stated that over the past several months, the SANDAG Board
of Directors has been discussing the San Diego Coronado Bridge Toll Removal
Impact Study. One issue involves the Financial Plan for the bridge seismic retrofit
project, costs which were estimated at $95 million. The region's contribution in
excess of what toll reserves are is $33 million. Some are thinking the toll should be
eliminated and the State Highway Commission take over the maintenance of the
bridge. Councilmember Higginson, Poway's SANDAG representative, noted that
if this were to happen, the project would be placed in a pool with other state
projects. Deputy Mayor Emery expressed his opinion that the toll is in reality a user
fee and should remain and requested Council support. General discussion ensued.
Council concurred that the SANDAG representative should vote his conscience, and
both the SANDAG and MTDB representatives would keep Council informed on the
item.
18B.
Deputy Mayor Emery requested and was advised that a status report on the South
Poway Specific Plan Golf Course and Hotel Proposal would be forthcoming at a
future workshop.
18C.
Deputy Mayor Emery received concurrence from Council to direct staff to work with
the applicant of a request for financial assistance for the Poway 4-H Dairy Goat
Project on a Community Contribution application.
19.
Councilmember Goldby commended Councilmember Rexford on her recognition by
the National Association of Women Business Owners.
21.
Councilmember Rexford expressed concerns with speeding vehicles on Scripps
Poway Parkway; thanked Patrick Foley of Community Services for his quick action
when she heard of someone wanting to use leg hold traps to catch a hybrid wolf in
north Poway and stated how proud she was of Lake Poway.
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ADJOURNMENT
Mayor Cafagna adjoumed the meeting at 10:02 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Rex'ford.
Lori ~nne Peoples, City Clerk
City Of Poway
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