CC 1995 10-03 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 3, 1995
The October 3, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Alan Fulmer
Penny Riley
Pamela Colby
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 Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Senior Management Analyst
Redevelopment Project Administrator
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Peggy Collette, 13969 Bernadotte Lane, requested the City Council
reconsider its decision on Watkins Trucking.
Peter Stein, 13314 Neddick, read a letter from Kathy Mulea, requesting a
community meeting at Garden Road School to explain to the residents what the
construction of the Scripps Poway Parkway would do to their southern view.
Gail Trunnell, 13314 Neddick Avenue, thanked the City Council for their
"no" vote on the amphitheater and stated that when she and Kathy Mulea were
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gathering petition signatures against the amphitheater they learned that many
Garden Road residents do not know about the Parkway.
Mayor Higginson requested a report on October 17 regarding the information
staff had given previously about this project and how many Garden Road residents
were present.
Vicki Campbell, 12307 Oak Knoll Road, Assemblyman Goldsmith's field
representative, gave a legislative update.
Joe Diaz, 12820 Montauk, requested discussion be reopened on Watkins
Trucking.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
10.
Approval of Minutes - City Council
September 5, 1995, Regular Meeting
12.
13.
14.
Ratification of Warrant Register for period of September 11-15, 1995
(401-10)
Approval of City's Investment Report for period ending August 31, 1995
(408-01)
Adoption of Resolution No. 95-108, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Expungement of Record of a
Notice of Violation Affecting Lot 6 and a portion of Lot 5 of City of
Poway Tract 4278, Map No. 11326, and a Portion of Section 18, T14S, RIW,
SBM, Document No. 1994-0657794, Recorded November 14, 1994 of Official
Records (APN's 323-430-06 and 323-290-39)," for altering property without
a grading permit; located on Gate Drive approximately 1/2 mile south of
Poway Road, owned by Errol and Pauline Yeager. (704-02)
15.
Authorization to waive formal bidding requirement for sole source purchase
of a truck-mounted hydraulic valve operator from PRES-TECH in the amount
of $11,300. (601-03)
16. Acceptance of public improvements and release of securities for 13710
Midland Road, Christian Life Fellowship, developer. (602-01 #964)
Motion carried 4-0 with Councilmember Rexford absent.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 95-04
APPLICANT: DAVIDE AND TESS GOLIA
ITEM 8 (701-04)
LIGHTED TENNIS COURT STANDARDS
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Mayor Higginson opened the public hearing on Item 4. Staff report by City
Manager Bowersox. Items 4 and 8 should be considered together. On May 23, 1995,
the City Council denied an application for a lighted tennis court because of the
objections of the nearby neighbors concerning the effectiveness of the City's
present lighting standards. The Council instructed staff to return with an
analysis of the present standards and recommendations for improvements. Item 4
is a request to add six lights to a recently approved tennis court at 15419 Vali
Hal Road. The applicants have agreed to abide by whatever standards the City
Council approves. Item 8 is proposed new standards.
Speaking in favor of staff recommendation on Item 8:
Robert Hessler, 15497 Oakstand Court, Civic Protection Chairman of Green
Valley Civic Association. He requested some sort of provision for staff review
of compliance after the lights are installed.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to instruct staff
to bring back a zoning ordinance amendment specifying the design options for the
installation of tennis court lights and follow up review provisions. Motion
carried 4-0 with Councilmember Rexford absent.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-95-56, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 95-04, Assessor's Parcel Number 321-090-34." Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 5 (203-02)
TENTATIVE PARCEL MAP 95-02
APPLICANT: TECH BUSINESS CENTER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to create two parcels of six and 26.5 acres from a
32.5 acre parcel located at the northeast corner of Tech Center Drive and Kirkham
Way, bordered by Scripps Poway Parkway. The six acre parcel will be the site of
Watkins Trucking Terminal. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-95-56, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Parcel
Map 95-03, Assessor's Parcel Number 317-280-62." Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 7 (602-01 #1022)
POWAY-MIDLAND RAILROAD VOLUNTEERS
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Staff report by City Manager Bowersox. At the September 13, 1994 City Council
meeting, the Council did not agree to as many operating hours as requested by the
Poway-Midland Railroad Volunteers, but concurred to budget to reimburse the
Volunteers if their budget was impacted. The Volunteers 94-95 budget shows a
surplus of $8,869. At the August 1, 1995 City Council meeting, Mayor Higginson
requested that staff evaluate the potential revenue that Poway-Midland Railroad
Volunteers could have earned if the City Council had approved an additional 96
hours of operation as originally requested by the PMRRV. The potential revenue
is $6,378. Staff recommends this report be received and filed.
Speaking in opposition to staff recommendation:
John Ohler, 729 Cody Lane, Escondido, Poway Midland Railroad Volunteers
President. He read a transcript of Mayor Higginson's comments from
September 13, 1994 and stated the compensation for lost revenue was not
made contingent on a negative budget.
Council agreed that a line item in the budget could be considered as part of the
budget process and concurred to receive and file the report.
ITEM 9 (1180-03)
DUMPING IN SOUTH POWAY
Staff report by City Manager Bowersox. On September 19, 1995, Roger Willoughby
addressed the City Council during Public Oral Communications and complained about
illegal dumping in the South Poway Business Park. However, he also appeared at
the September 26, 1995 meeting during Public Oral Communications and thanked
staff for their prompt response. Council concurred to receive and file the
report.
ITEM 9.2 (203-17)
SIGN PERMIT 95-33
POWAY PERFORMING ARTS CENTER
Staff report by City Manager Bowersox. The Community Services Department plans
to install a replacement sign at Titan Way and Espola Road. To improve sight
visibility, a 12 foot sign is proposed.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Planning
Resolution No. P-95-27, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Sign Permit 95-33, City of Poway, Assessor's
Parcel Number 278-450-27." Motion carried 3-1 with Councilmember Emery voting
"no" and Councilmember Rexford absent.
CITY ATTORNEY ITEMS
City Attorney Eckis requested the City Council hold closed sessions before
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considering Items 6 and 9.1. The first is Conference with Real Property
Negotiator (§54956.8) to discuss price and terms and payment for APN 317-481-01
through 74 & 76 known as Haley Ranch Estates. Negotiating for the owner, Poway
Land, Inc. is Richard and Allen Kuebler and their attorney. Negotiating for the
buyer, Poway Redevelopment Agency, is Executive Director Bowersox and special
counsel Tom Clark of Stradling, Yocca, Carlson & Rauth.
The second is Conference with Legal Counsel because of significant exposure to
litigation pursuant to Government Code Section 54956.9(b). The facts and
circumstances are as follows: On August 15, 1995, City Council approved the
Habitat Conservation Plan. Attorney Craig Beam provided a letter alleging
numerous violations of the law and during public testimony Sheila Cockerell
stated that if the City took action, it would result in lawsuits.
The third is Conference with Legal Counsel because of existing litigation in the
case of Chilcote v. Poway, San Diego Superior Court Case No. 682678.
Motion by Councilmember Emery, seconded by Councilmember Callery to adjourn into
closed session. Motion carried 4-0 with Councilmember Rexford absent.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 7:30 p.m.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 8:05 p.m. with all
Councilmembers present except Councilmember Rexford who was absent from the
meeting.
ITEM 6 (602-01 #92R)
SECOND AMENDMENT TO OPA
POWAY LAND, INC./HALEY RANCH ESTATES
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Redevelopment Services Shafer. On
September 19, 1995 the Redevelopment Agency Board provided direction to its
negotiators regarding the acquisition of Haley Ranch Estates as provided by the
Owner Participation Agreement and Lease Option Agreement with Poway Land, Inc.
The agreement being proposed would require an amendment to the OPA and Lease to
allow a partial payment of the final acquisition price. The Agency would pay
$4,620,000 into escrow in exchange for clear title. Because the final purchase
price has not been determined, the Agency would provide Poway Land with a
promissory note in the amount of $280,000 with a three year limit. Staff
recommends adoption of a Resolution approving the amendments and giving staff
discretion to make minor modifications in the language subject to approval of
special counsel.
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Speaking in opposition to staff recommendation:
Timothy Fields, Schall-Boudreau-Gore, 501 W. Broadway, San Diego,
representing Poway Land stated there are a number of issues to be resolved,
including the face amount of the note and the terms. The note as proposed by
staff cannot be collateralized and Poway Land needs to get funds to complete
financing construction.
Councilmember Cafagna asked why it had taken so long to compute the cost of
construction when the project has been finished for several years.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. R-95-24, entitled, "Resolution of the
Poway Redevelopment Agency Approving and Adopting the Second Amendment to Owner
Participation Agreement and First Amendment to Lease Option Agreement by and
Between the Poway Redevelopment Agency and Poway Land, Inc.," with a promissory
note in the face amount of $280,000 with a limit of three years, and staff to
have discretion, with approval of special counsel, of language changes. Motion
carried 4-0 with Councilmember Rexford absent.
ITEM 9.1 (602-01 #240R)
AWARD OF BID
SCRIPPS POWAY PARKWAY EAST
Item introduced by City Manager Bowersox. Staff report by Director of
Engineering Services Weston. The Scripps Poway Parkway East project is ready to
begin construction. Bids were opened on September 21, 1995 and Signs & Pinnick
is the low bidder at $20,962,000. They made an inadvertent clerical error and
failed to include a complete list of subcontractors and suppliers. However the
City was notified within two working days of bid opening in accordance with
Public Contracts Code §4107.5 and the correct material submitted. Today staff
received a protest from Kiewit Pacific, the next low bidder. They believe
another section of the Code applies to the situation and Signs & Pinnick bid
should not be allowed. After review of all material staff recommends award to
Signs & Pinnick.
Speaking in opposition to staff recommendation:
John Shemwell, 13217 Tining Drive, representing Kiewit Pacific
Council asked about the length of construction period and the budget. Motion by
Councilmember Cafagna, seconded by Councilmember Callery to waive any
informalities in the bid including the listing of the asphalt or asphalt oil
supplier, find that the failure to list subcontractors was a clerical error
remedied by compliance with PCC §4107.5, and award the construction contract to
Signs & Pinnick, Inc. in the amount of $20,962,000. Motion carried 4-0 with
Councilmember Rexford absent.
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MAYOR AND CITY COUNCIL-INITIATED iTEHS
20A.
Councilmember Callery requested and received City Council concurrence for
staff to get more information on becoming a "California Healthy City."
(1503-00)
2OB.
Councilmember Callery requested and received City Council concurrence to
direct staff to contact the Powa¥ News Chieftain and Chamber of Commerce
to sponsor a "Random Acts of Kindness Month" in the City of Poway.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:45 p.m. on motion by Councilmember
Emery, seconded by Councilmember Callery. The meeting was adjourned in memory
of Sue Emery, Executive Director of the Poway Chamber of Commerce, who died
recently of cancer.
Marjorie ~ Wahlsten, City Clerk
City of Poway
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