CC 1992 09-29 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 29, 1992
The September 29, 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
Yolanda Collins
David Narevsky
Janis Acosta
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
Sheriff's Captain
Redevelopment Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor McIntyre led the Pledge of Allegiance.
PROCLAMATION
Mayor Goldsmith proclaimed October 4-10, 1992 as "Fire Prevention Week" and
presented the proclamation to Director of Safety Services Sanchez. ChiefSanchez
invited all those present to the Fire Department's Open House on October 10,
1992.
PRESENTATION
George Bailey, Chairman of the San Diego County Board of Supervisors, requested
the City Council endorse Proposition A, a one-half cents sales tax measure to
finance justice-related facilities, law enforcement and crime prevention
programs. If approved, 25% would go directly to the cities for additional crime
prevention efforts. Motion by Councilmember Emery, seconded by Councilmember
Snesko to support passage of Proposition A. Motion carried 3-2 with
Councilmember McIntyre and Mayor Goldsmith voting "no." Councilmember McIntyre
stated she felt money should be spent on preventative measures such as recreation
opportunities and libraries. Mayor Goldsmith expressed concern over the lack of
a sunset clause.
4687
Page 2 - CITY OF POWAY - September 29, 1992
PUBLIC ORAL COMMUNICATIONS
Mayor Goldsmith explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the
Consent Calendar as follows:
11. Approval of Minutes - City Council
September 8, 1992 Regular Meeting
13. Ratification of Warrant Register - September 10, 1992.
(401-10)
14.
Denial of claim for damages: A) Barbara Payne; B) Ervin Whitaker; C)
John Gagliano. (704-13)
15. Approval of City's Investment Report - August 31, 1992
(408-01)
16.
Approval of Amended Agreement with BSI Consultants, Inc. to adjust hourly
rates for 1992-93 and add Redevelopment Agency to agreement.(602-01,#95)
17.
Acceptance of improvements and release of securities for Welton Pump
Station and Buehler Reservoir, Community Facilities District 88-1, Parkway
Business Centre, from Pascal and Ludwig Company. (602-01, #819)
19.
Release of Monument Bond for Tentative Parcel Map 89-18, Standard Pacific,
applicant, located on the east side of Palisades Drive. {203-02}
20.
Reduction of grading bond for Carriage Road Townhomes, G-680-90, Nexus
Development, applicant, located at the northeast corner of Poway and
Carriage Roads. (602-01, #823)
21.
Adoption of Resolution No. 92-183, entitled, "A Resolution of the City
Council of the City of Poway Declaring the Intention to Vacate a portion
of Old Espola Road, a Public Street Located at 16903 Espola Road,
(Vacation 90-13)" and setting the public hearing for October 27, 1992.
(1002-06)
Motion carried unanimously.
ITEM 4 (203-04)
VARIANCE 92-12/12514 HOLLAND PLACE
APPLICANT: ED WANCEWICZ
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to allow a porch to observe a 17 foot
front yard setback when a 25 foot setback is required. Staff recommends
approval.
4688
Page 3 - CITY OF POWAY - September 29, 1992
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-92-47, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 92-12,
Assessor's Parcel Number 314-074-09." Motion carried unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 92-04
DEVELOPMENT REVIEW 92-05
APPLICANT: FANCHER DEVELOPMENT
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 711 square foot Rally's Hamburgers
double drive-through restaurant at 13230 Poway Road, former site of I Scream
Cone. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-92-48, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit 92-04 and Development Review 92-05,
Assessor's Parcel Number 317-101-40, 41." Motion carried unanimously.
ITEM 6 (203-01)
TENTATIVE TRACT MAP 88-16 TIME EXTENSION (2)
APPLICANT: JEFFERY CARROLL
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a second one-year time extension on a
subdivision of 7.18 acres into six lots located at the western end of Rimbach
Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-92-49, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Tract
Map 88-16TE(2), Assessor's Parcel Number 317-520-05, 06." Motion carried
unanimously.
ITEM 7 (203-01)
TENTATIVE TRACT MAP 89-05
APPLICANT: FAMSTE INVESTMENT COMPANY
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. This is a request to relocate the proposed graded pads for Lots 5 &
6 and relocate the position of Lot 13 in Poway Summit Estates, located at the
4689
Page 4 - CITY OF POWAY - September 29, 1992
northwest corner of Poway and Espola Roads. The neighbors to the south of Lot
5 raised concerns regarding the new pad location. A revised pad location has
been devised, described as "Pad Option F," which is at the same elevation as
originally approved and approximately 55 feet south of its original position.
Additionally, a condition regarding planting a landscape screen has been agreed
to by both parties. Staff recommends approval with these revisions.
Speaking in favor of the revised recommendation:
Paul Santina, 14133 Mountain View Court, commended Planning Services staff
on working for the compromise.
Frank Fitzpatrick, 350 W. Ninth Ave., Escondido, Manitou Engineering
Motion by Councilmember Emery, seconded by Councilmember Higginson to close the
public hearing, find that the previously issued Negative Declaration with
mitigation measures adequately addresses the potential environmental impacts; and
adopt Planning Resolution No. P-92-50, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Tract Map
Modification 89-05(M), Assessor's Parcel Number 321-200-44,47," as amended.
Motion carried unanimously.
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 92-05
DEVELOPMENT REVIEW 92-06
APPLICANT: DON MCLEAN
Mayor Goldsmith opened the public hearing. Staff report by City Manager
Bowersox. The applicant has requested a continuance to October 20, 1992 and
staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Emery to continue
this public hearing to October 20, 1992. Motion carried unanimously.
ITEM 9 (1110-03R)
POWAY CREEK BRIDGES
ENVIRONMENTAL ASSESSMENT
Staff report by City Manager Bowersox. Three pedestrian bridges over Poway Creek
near the Community Park and one vehicle bridge at Cobblestone Creek Road were
authorized in conjunction with the Redevelopment Agency's Capital Improvement
Program Budget. The pedestrian bridges at the junction with Rattlesnake Creek
and at Carriage Road are out to bid. The third pedestrian bridge near the Poway
Royal Mobilehome Park will be funded through Community Development Block Grant
funds. Staff recommends approval of a Negative Declaration.
Brent Foust, 12740 Soule Street, spoke in opposition to the Carriage Road bridge.
Mike Fry, 12819 Selma Court, spoke in favor of pedestrian access.
David Rinaldo, 13035 Corona Way, Poway Royal Mobilehome Owners Association, spoke
in favor of pedestrian access from the Park across the Creek.
4690
Page 5 - CITY OF POWAY - September 29, ]992
Councilmember McIntyre questioned whether three pedestrian bridges were
authorized. City Attorney Eckis stated that the only issue being heard at this
meeting is the environmental assessment and suggested the Council could add the
general discussion of which bridges will be built to a future agenda if they
wish.
John Hodder, 12818 Beeler Creek Trail, questioned how Cobblestone Creek
homeowners would access their homes during construction of the vehicle bridge.
Director of Engineering Services Weston stated he understood they were talking
with Beeler Creek owners for temporary access.
Motion by Councilmember Emery, seconded by Councilmember Snesko to issue a
Negative Declaration for the Poway Creek Bridges Capital Improvement Project.
Motion carried unanimously.
ITEM 10 (1180-05)
CUSTOMER BILL OF RIGHTS
Staff report by City Manager Bowersox. In response to one of the Council's
Goals, staff has prepared a Customer Bill of Rights, Department Customer Rights
and a Customer Bill of Rights Employee Policy. The Customer Bill of Rights will
be posted in the individual departments. Councilmember Snesko suggested it also
be published in Poway Today.
Motion by Councilmember Emery, seconded by Councilmember Higginson to adopt the
Customer Bill of Rights, Customer Rights for City Departments, and Customer Bill
of Rights Employee Policy. Motion carried unanimously.
ITEM 10.1 (602-01, #174R & 175R)
SOUTH POWAY SPORTS PARK CONSTRUCTION
Staff report by City Manager Bowersox. On January 7, 1992, the City Council
approved the concept of a public/private partnership for the construction,
operation, maintenance and financing for the South Poway Sports Park at Stowe and
McIvers in the South Poway Business Park. It will provide Powaywith a state-of-
the art softball complex which is designed to be operated by a private company
and will facilitate the moving of the adult softball program from the Community
Park. On July 31, 1992, the City received four complete proposal packages
including a construction cost, an annual pro forma for the operation of the
facility, maintenance costs for landscape maintenance district property within
the Sports Park, proposed financing plans, and any proposed net profit to the
City. Staff reviewed each proposal considering all aspects of the project.
Staff is recommending a joint venture between Sportspark of America, Inc. as
operator and Kajima Engineering and Construction, Inc.(KEC) as constructor.
Motion by Councilmember Emery, seconded by Councilmember Snesko to: 1) approve
the conditional award of a contract to a joint venture of KEC/Sportspark in the
amount of $2,656,324 for construction of the Sports Park in South Poway and find
the contract for construction is awarded to the lowest responsible bidder in
accordance with city bidding procedure.
4691
Page 6 - CITY OF POWAY - September 29, 1992
2) Approve the letter agreement for the formation of an operating entity for the
Sports Park, for incentive clauses to the contract of 15 percent of the value of
deductive alternates, and for the payment of a Value Engineering and Operations
Impact Review Fee to RECTECH. The contracts for operations and value
engineering review are awarded in accordance with city competitive negotiations
procedure. The Council find this procedure more advantageous to the city for the
provision of these services. 3) Appropriate $1,9036,600 from excess tax
increment, and authorize a loan of the money to fund the construction of the
Sports Park. 4) Adopt Resolution No. 92-184, entitled, "AResolution of the City
Council of the City of Poway, California, Regarding its Intention to Issue Tax-
Exempt Obligations." Motion carried unanimously.
CITY NANAGER ITEMS
22A.
22B.
City Manager stated that the City had received a plaque for the best float
in the civic category in the Poway Days Parade. Council concurred that
the city employees should be commended for their many hours of work in
making Community Day a success.
City Manager Bowersox announced that SB 1225 has been signed, effective
January 1, 1993, which enables the formation of San Diego Area Wastewater
Management District.
CITY ATTORNEY ITEMS
23.
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation: A) PowayTown & Country Shopping Center
vs the City of Poway and Poway Redevelopment Agency; and B) Vasquez vs
City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24. Councilmember Emery stated he did not need to discuss the proposed day
care center on Espola Road near Twin Peaks.
CLOSED SESSION
Mayor Goldsmith adjourned the meeting into closed session at 8:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Goldsmith called the meeting back to order at 8:54 p.m. with all
Councilmembers present and stated the City Council had instructed the City
Attorney during closed session. He adjourned the meeting to October 1, 1992 at
4:30 p.m. on motion by Councilmember McIntyre, seconded by Councilmember
Higginson. The time was 8:55 p.m.
Marjori~e I~. Wahlsten, City Clerk
City o f., P~o~aY
4692
NOTICE
NOTICE IS HEREBY GIVEN THAT THE SEPTEMBER 29, lgg2, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADO~XJRHI4ENT
Upon motion by Councilmember McIntyre,
seconded by Councilmember Higginson, Mayor
Goldsmith ordered the meeting adjourned to
4:30 p,m,, Thursday, October
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The
time of adjournment was 8:55 p.m.
Marjor/le ~. Wahlsten, City Clerk
City o~oWay, California
September 30, 1992
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the
above notice was posted on or near the door of the City Council Chambers, the
place designated for regular meetings of the City Council meetings at approxima-
tely 10:00 a.m.
Dated at Poway, California, on September 30, 1992
Marjor~le ~. Wahlsten, City Clerk
City o~way, California