CC 1992 01-07 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 7, 1992
The January 7, 1992, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Mayor Goldsmith at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Mark Sanchez
Steve Streeter
Garry MacPherson
David Narevsky
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Safety Services
Assistant Director of Planning Services
DART Program Manager/Battalion Chief
Redevelopment Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PRESENTATION
Mayor Goldsmith presented a "Spirit of Enterprise" award to Garry MacPherson for
his 9 months service as manager of the DART program, and a 15 year service award.
Certificates of Achievement were presented to DART team members Penny Riley,
Kathy Barbosa, Anita Buckley, Mary Kling, Mark Avery and Jeff Wickliffe. Kipp
Hefner was not able to be present.
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. Present
to speak were:
Bill Jensen, 12638 Stone Canyon Road, regarding the fence built by
Royster Construction on Stone Canyon Road.
David Cowan, 823 W. 23rd Street, National City, representing
Motivational Systems, Inc. regarding the award of bid for the kiosk
program to a non-licensed contractor. City Attorney Eckis
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stated, in his opinion, the RFP did not specifya state-
licensed contractor and the award was appropriate.
Council requested a workshop to discuss policy of doing
business with licensed versus non-licensed
contractors. (602-01, #894)
Thomas Sons, 13219 Wimberly, San Diego, representing the Poway
Pilots Model Airplane Club, regarding the continued use of the
Goodan Ranch as a flight site. City Manager Bowersox stated he
believes permission will be forthcoming from the County of San Diego
and Fish & Game, at least until a use plan is finalized for the
property, and cited the working relationship we have with this club
at Lake Poway. Staff will report back to Council in two weeks.
CONSENT CALENDAR
Councilmember Snesko requested Item 23 be pulled from the Consent Calendar.
Motion by Councilmember Emery , seconded by Councilmember Higginson, to approve
the Consent Calendar as follows:
13.
Approval of minutes - City Council:
December 10, 1991, Regular Meeting
15. Ratification of Warrant Registers for December 5, 12, 19, 1991.
(401-10)
16. Denial of claims for damages: A) Jennifer Jimenez; B) Pomerado
Homeowners. (704-13)
20.
Authorize the reclassification of existing vacant Building Maintenance
Worker position to Building Maintenance Worker II, and approval of job
classification for Building Maintenance Worker II. {503-03)
21.
Award of base bid to ABC Construction Company, Inc. in the amount of
$221,854.85 for construction of traffic signals at Community Road/Olive
Grove Drive and Pomerado/Oak Knoll Roads; direction to staff to initiate
discussion for construction of the foot path and bridge after acquisition
of required easement; adoption of Resolutions No. 92-001 and 92-002,
entitled, "A Resolution of the City Council of the City of Poway,
California, Determining Certain Public Improvements to be of Benefit to
the Paguay Redevelopment Agency." (602-01, #158R)
22.
Adoption of Resolution No. F-92-01, entitled, "A Resolution of the Board
of Directors of the Poway Public Financing Authority Waiving its Annual
Meeting." {405-00}
24.
Acceptance of public improvements and release of bonds for Pomerado Ext-
ension Trunk Sewer constructed by Carmel Mountain Ranch. (602-01, #533)
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25.
Acceptance of public improvements and release of bonds for Tentative Tract
Map 83-02, Sycamore Creek, constructed by Sunland Communities.
(602-01, #598)
26.
Adoption of Resolution No. 92-003, entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting an Amendment to the
Memorandum of Understanding Between the City of Poway and the Poway
Firefighters' Association," granting a 5% increase effective July 1, 1992
and extending the term of the agreement to June 30, 1993. (901-02)
27.
Acceptance of public improvements and release of securities for wet
utilities, including the Buehler Reservoir, from TC Construction Company,
Inc. and authorization to file a Notice of Completion.
(602-01, #806)
28. Adoption of Resolution No. 92-004, entitled, "A Resolution of the City
Council of the City of Poway, California, Rescinding a Portion of a "No
Standing or Parking" Zone on Old Pomerado Road South of Paseo Colina."
(1163-01)
Motion carried unanimously.
ITEM 5
AMENDED D&DA AGREEMENT
POWAY MOTORS, INC.
LEASE OF POWAY VW SITE (602-01, #137R, #159R, #160R)
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This item proposes "musical chairs" for two auto dealerships in Poway.
Poway Volkswagen desires to move to larger quarters to incorporate Chrysler-
Plymouth and Jeep-Eagle franchises. It is proposed the Agency lease them the
former Dodge site at 13655 Poway Road and pay relocation costs. Secondly, the
Agency approved a Disposition and Development Agreement with Poway Motors to
develop Pontiac, Buick, Oldsmobile and GMC Truck franchises at 13811Poway Road.
Due to certain circumstances that development has been delayed. Staff proposes
leasing the former VW site at 12255 Poway Road and, in turn, leasing it to Poway
Motors so they can gain a presence in Poway while their facility is completed.
Speaking in opposition to staff recommendation:
Carol Geising, 13801Poway Road, asked questions about the financing.
Council discussion emphasized the importance of sales tax revenue generated by
auto sales to the City's General Fund.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing; approve the report on the acquisition and sale with Poway Motors,
Inc.; approve the report on the proposed lease with Poway Motors, Inc.; and adopt
Resolution No. 92-005, entitled, "A Resolution of the City Council of the City
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of Poway Approving a First Amended Disposition and Development Agreement by and
Between the Poway Redevelopment Agency and Poway Motors, Inc." Motion carried
unanimously.
ITEM 6
CONDITIONAL USE PERMIT 91-10
DEVELOPMENT REVIEW 91-26
APPLICANT: RICHARDSON PONTIAC (203-08)
Mayor Goldsmith opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Planning Services Wright-Quastler. This
is a request to establish a new car dealership at the southwest corner of Vista
View Drive and Poway Road, site of the former Woolworth Garden Center Staff
recommends approval.
Speaking in favor of staff recommendation:
Deneen Wilhelmi, 13109 Vista View Drive, requested some type of monument
sign to delineate the private portion of Vista View Drive, south of
the dealership.
Speaking in opposition to staff recommendation:
Philip Geising, 13801Poway Road
Carol Geising, 13801Poway Road
Speakers expressed concern regarding light pollution, traffic on Vista View, and
impact on their driveway from additional drainage.
Following discussion, motion by Councilmember McIntyre, seconded by Councilmember
Higginson, to close the public hearing, find that the previously issued Negative
Declaration adequately addressed impacts, and adopt Resolution No. P-92-01,
entitled, "A Resolution of the City Council of the City of Poway, California,
Approving Conditional Use Permit 91-10 and Development Review 91-26, Assessor's
Parcel Number 323-261-29, 30," amended to prohibit test driving automobiles on
the private portion of Vista View Drive and require the construction of a
delineation marker for the private portion of Vista View Drive. Staff was
directed to meet with Mr. Geising and report back regarding their drainage,
including the possibility of removing any city-installed pipes under their
driveway and restoring it to the former condition. Motion carried unanimously.
(Councilmember Emery left the room.)
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ITEM 7
TENTATIVE PARCEL MAP 91-13
APPLICANT: MCMAHON/OLIPHANT PROPERTIES (203-02)
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 1.65 acre lot into two parcels,
located on the northeast corner of Kirkham Road and Stowe Drive. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to close the
public hearing, find that previously issued Negative Declaration adequately
addressed this project and adopt Planning Resolution No. P-92-02 entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 91-13, Assessor's Parcel Number 317-225-08." Motion carried
4-0 with Councilmember Emery out of the room.
ITEM 8
PARKLAND DEDICATION IN-LIEU FEES
CALENDAR YEAR 1992 (401-22)
Mayor Goldsmith opened the public hearing. Annually, the City Council determines
fees collected for the development of park and recreation facilities in-lieu of
dedication of parkland. Staff recommends a $50 increase for single family
dwellings, $280 for multiple family dwellings and $220 for mobile homes.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Snesko to close the
public hearing and adopt Resolution No. 92-006, entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing In-Lieu Fees for
Parkland Dedication, Calendar Year 1992. Motion carried 4-0 with Councilmember
Emery out of the room.
(Councilmember Emery reentered the meeting.)
ITEM 9
SOUTH POWAY SPORTS PARK
BID PROCESS (1401-13)
Staff report by City Manager Bowersox. By past actions the City Council selected
South Poway as the site for the sports complex and directed staff to pursue the
concept of a public/private partnership for the development and operation. Staff
is working on a RFP\bid package that will incorporate construction, financing,
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landscape maintenance and operation of a facility to maximize private enterprise
opportunities while meeting the legal requirements for public project bidding.
Staff recommends approval of this concept.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
McIntyre to proceed with the RFP\bid process as proposed by staff. Motion
carried unanimously.
RECESS AND CALL TO ORDER
Mayor Goldsmith recessed the meeting at 8:30 p.m. and called it back to order at
8:40 p.m. with all Councilmembers present.
ITEM 10
RESOLUTIONS OF NECESSITY
PROPERTY ACQUISITION
RENSBERGER (1002-01R)
Item introduced by City Manager Bowersox. Staff report by City Attorney Eckis.
The City has been unable to reach agreement with Mr. Rensberger, owner of
property on the east side of Community Road north of its intersection with Olive
Grove Road, which the city needs to complete the footbridge across Rattlesnake
Creek to provide a safe access to Midland School. Approximately 1,459 square
feet of land is required and the city has appraised the property at $3,037.
Staff recommends resolutions of necessity be adopted which starts the eminent
domain proceedings.
Before proceeding further with this item, Mayor Goldsmith stated he would take
Item 12 out of order at this time.
ITEM 12
SIERRA CLUB V. CITY OF POWAY
SETTLEMENT AGREEMENT (602-01, #830)
Staff report by City Attorney Eckis. The City is party to a settlement agreement
with the Sierra Club and Environmental Development, Ltd. which resolves the
matter of Sierra Club v. City of Poway, et al. and protects the environmentally
sensitive coastal sage habitat and the California gnatcatcher. He stated that,
in his opinion, this is not a significant deviation from the development
approvals for the Old Coach Estates project and can be approved.
Motion by Councilmember Emery, seconded by Councilmember McIntyre, to approve the
Settlement Agreement to be appended to the Development Agreement for the Old
Coach project. Motion carried unanimously.
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ITEM 10 - CONTINUED
Speaking in opposition to staff recommendation:
Lee Rensberger, 3818 Riviera Drive, San Diego.
to attempt to settle without litigation.
He requested an extension
City Attorney Eckis stated it is necessary to start this process, however he will
continue to work with Mr. Rensberger to reach agreement on valuation and to get
possession for construction.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to adopt
Resolution No. 92-007, entitled, "A Resolution Finding and Determining the
Necessity that Certain Property be acquired by the City of Poway Under Eminent
Domain Proceedings; Directing the City Attorney to Commence a Court Action for
Said Purpose (Rensberger: APN 314-230-42)," and directed the City Attorney to
continue working with the owner. Motion carried unanimously.
ITEM 11
INITIATION OF AMENDMENT TO SPECIFIC PLAN 89-04A
CREEKSIDE PLAZA (203-21)
Staff report by City Manager Bowersox. This item authorizes initiation of a
specific plan amendment for Creekside Plaza to allow parking within the required
20 foot street setback area and list supermarkets as an approved use. The public
hearing has been set for January 14, 1991.
Speaking in opposition to staff recommendation:
Ed Malone, 17150 Old Coach Road, questioned the wording in the proposed
resolution and stated this action seems like putting the "cart before the
horse," since the development proposal is being discussed next week also
and the issue of supermarkets should be resolved prior to the Specific
Plan Amendment.
The other speakers present declined to speak at this meeting but will return next
week and speak at the public hearing.
Following discussion, Council concurred to delete the Whereas paragraphs 3, 4,
and 5 from the Resolution.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to adopt
Resolution No. 92-008, entitled, "A Resolution of the City Council of the City
of Poway, California, Regarding the Initiation of the Preparation of Amendment
to the Creekside Plaza Specific Plan (SPA 89-04A)," as amended. Motion carried
4-1 with Councilmember Snesko voting "no."
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ITEM 23
ARTS ALIVE! FOUNDATION BOARD
LIABILITY INSURANCE (602-01, #906)
Staff report by City Manager Bowersox. The ARTS ALIVE! Foundation Board has
requested indemnification in order to sell alcohol at the Performing Arts Center
during certain performances. Staff recommends the City purchase $3 million in
coverage for the Board.
Councilmember Snesko stated he had pulled this item from the agenda due to
concerns regarding alcohol on school property, alcohol being consumed in the
presence of children, and liability issues.
City Manager Bowersox stated the Alcohol Beverage Control Board does not consider
this school property when it is under lease to another entity.
City Attorney Eckis pointed out this is broad-based liability coverage that
should be provided whether or not alcohol is served at the Performing Arts
Center. The policy of serving alcohol is not on the agenda for this meeting and
could be discussed at a later time if the Council desired.
Councilmember McIntyre stated she considers the level of coverage to be
inadequate.
Motion by Councilmember Higginson, seconded by Councilmember Emery to approve the
indemnification agreement and authorize the purchase of the required liability
insurance. Motion carried 3-2 with Councilmembers McIntyre and Snesko voting
"no."
ITEM 29
CITY MANAGER ITEMS
City Manager Bowersox stated the water conservation efforts were 49% for
the past week and the month to date.
Be
City Manager Bowersox stated that the first baby born in Poway to Poway
residents was Lauren Denise Gilbert, born January 3, 1992 to Sharon and
Dennis Gilbert.
ITEM 30
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, in the case of City of Poway v. Pierson.
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MAYOR
31A.
31B.
31C.
32A.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Emery requested a status report on sign conformance on Poway
Road.
Councilmember Emery asked the status of property at the southwest corner
of Twin Peaks and Pomerado Roads which was the subject of a lawsuit. City
Attorney Eckis stated the settlement of the lawsuit required the city to
do a subdivision of the property and process a Conditional Use Permit for
a daycare facility on the front parcel. Since the applicant has not
decided how they want the property divided, and we agreed to process both
applications in tandem, staff has not brought the subdivision map to
Council.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to
direct staff to proceed with the subdivision map even if the conditional
use permit application is not ready. Motion carried unanimously.
Councilmember Emery stated he had been contacted by a member of the
Redevelopment and Housing Advisory Committee regarding the list of sites
they will be considering for the Affordable Housing overlay. There is
concern that some of the sites do conform to the General Plan and should
be eliminated at the beginning of the process.
Director of Planning Services Wright-Quastler explained the process being
proposed with the Committee considering 3 different sites at each meeting
in a public hearing setting. Staff will present a report to the Committee
regarding the compliance to the guidelines adopted with the Housing
Element for each property.
Betty Rexford, 11970 Creek Road, member of the Committee, stated the sites
that don't conform should be eliminated before the public hearing is held.
Tom Tremble, 18049 Old Coach Road, Chairman of the Committee, discussed
the proposed process and concurred the obviously unsuitable sites will be
eliminated early in the process.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to
direct staff to facilitate the Committee in making a preliminary selection
before the public hearings are held. Motion carried unanimously.
Mayor Goldsmith stated he had received a letter from Jim Sullivan
requesting written permission to continue his towing business at 13207
Poway Road.
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Director of Planning Services Wright-Quastler stated that on November 14,
1991 the Superior Court granted a permanent injunction barring Mr.
Sullivan from doing business without proper permits. This order was stayed
until January 14, 1992 to allow him time to get the permits. A
Conditional Use Permit is required.
City Attorney Eckis stated he intends to request the court to enforce the
order. Council may give him direction to stay his intention is a
application for a CUP is made prior to January 14, 1992.
Mr. Sullivan addressed the Council
Permit is not required since there
property.
and argued that a Conditional Use
is no storage of vehicles on the
Councilmember Snesko stated he agrees that if the only activity is parking
operable vehicles it should be allowed at that location.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to not
grant permission to Mr. Sullivan to continue his towing business at 13207
Poway Road. Motion carried 4-1 with Councilmember Snesko voting "no."
(203-08, #88-22)
32B.
Mayor Goldsmith appointed Janet Harper (McIntyre) and Mary Cross (Snesko)
to the Budget Review Committee and requested the City Clerk place this
item on the January 14, 1992 agenda for the remainder of appointments.
CLOSED SESSION AND CALL TO ORDER
Mayor Goldsmith adjourned the meeting into closed session at 10:33 p.m. and
called it back to order at 10:40 p.m. with all Councilmembers present. He
announced that the City Council in closed session had directed the City Attorney
to settle the case with Mr. Pierson for $47,000.
ADJOURNHENT
Mayor Goldsmith adjourned the meeting at 10:42 p.m. on motion by Councilmember
Emery, seconded by Councilmember Higginson.
Marjorile l~. Wahlsten, City Clerk
City of,?~way
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