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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 4421 Page 2 - CITY OF POWA¥ - January 7, 1992 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) 4422 Page 3 - CITY OF POWAY - January 7, 1992 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 4423 Page 4 - CITY OF POWAY - January 7, 1992 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.) 4424 Page 5 - CITY OF POWAY - January 7, 1992 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, 4425 Page 6 - CITY OF POWAY - January 7, 1992 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. 4426 Page 7 - CITY OF POWAY - January 7, 1992 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." 4427 Page 8 - CITY OF POWAY - January 7, 1992 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. 4428 Page 9 - CITY OF POWAY - January 7, 1992 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. 4429 Page 10 - CITY OF POWAY - January 7, 1992 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 443O