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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 5639 Page 2 - CITY OF POWAY - October 3, 1995 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 5640 Page 3 - CITY OF POWAY - October 3, 1995 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 5641 Page 4 - CITY OF POWAY - October 3, 1995 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 5642 Page 5 - CITY OF POWAY - October 3, 1995 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. 5643 Page 6 - CITY OF POWAY - October 3, 1995 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. 5644 Page 7 - CITY OF POWAY - October 3, 1995 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 5645