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CC 1992 12-15CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 15, 1992 The December 15, 1992, 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. C0MN ILLNEMBERS PRESENT-AI ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PREP James Bowersox Marjorie Wahlsten Tamara Smith John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright- Quastler Mark Sanchez Penny Riley Yolanda Collins Janis Acosta PLEDGE OF ALLEGIANCE City Manager City Clerk Assistant 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 DART Program Coordinator /Assist. Planner Sheriff's Captain Management Analyst Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATM Mayor Higginson presented a plaque commending Penny Riley for her work with the Drought Assistance Response Team, serving as Coordinator during 1992. Since DART is being disbanded, she is returning to her job with the Planning Services Department. PUBLIC ORAL COMMUN19AILONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Mayor Higginson stated that Item 24.1 has been pulled by staff. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the Consent Calendar, as follows: 4746 Page 2 - CITY OF POWAY - December 15, 1992 91 Ratification of Warrant Register - November 24, 19920 (401 -10) 10. Authorization to post the Local Appointments List for 1993, showing seven scheduled vacancies on the Budget Review Committee. (701 -09) 11. Appropriation of $50 from the unappropriated fund balance for the purchase of a $100 U.S. Savings Bond to be given to the first baby born at Pomerado Hospital to a Poway resident in 1993. (401 -13) 12. Finding that CF Poway, Ltd., ha demonstrated good faith compliance with the terms of the Development Agreement entered into on December 30, 19850 (602 -01, #400) 13. Finding that the Parkway Business Centre Partners have demonstrated good faith compliance with the terms of the Development Agreement entered into on December 5, 1988. (602 -01, #626) 14. Finding that Environmental Development has demonstrated good faith compliance with the terms of the Development Agreement entered into on November 20, 19900 (602 -01, #830) 15. Finding that Tech Business Center has demonstrated good faith compliance with the terms of the Development Agreement entered into on November 27, 1990. (602 -01, #835) 16. Finding that Poway Corporate Center has demonstrated good faith compliance with the terms of the Development Agreement entered into on November 27, 19900 (602 -01, #836) 17. Finding that McMillin Equity Partners II has demonstrated good faith compliance with the terms of the Development Agreement entered into on May 14, 1991. (602 -01, #874) 21. Authorization to release grading securities for Anacomp, Inc., G- 764 -91, Lots 101, 102 and 103, Parkway Business Centre. (405 -09) 22. Approval of final map for Parkway Business Centre, Unit II, TTM 87- 13,South Poway Business Park; adoption of Resolution No. 92 -206 , entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance Assessment district No. 87 -1 with Written Consent of All Property Owners." (203 -01) 23. Approval of City's Investment Report for November 30, 1992. (408 -01) Motion carried unanimously. 4747 Page 3 - CITY OF POWAY - December 15, 1992 OWNER PARTICIPATION AGREEMENT AMENUMENT /WAL -MA T SJORES, INC. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The original Owner Participation Agreement with Wal -Mart, approved in 1990, provided for $940,244 to be reimbursed for the cost of construction of public improvements. During the course of construction it was determined that modifications needed to be made to the storm drain under Hilleary Place and the medians in Community Road for a additional cost of $46,404. As a result it is necessary to modify the Owner Participation Agreement to provide for additional reimbursement. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 92 -203, entitled, "A Resolution of the City Council of the City of Poway Approving a First Amendment to the Owner Participation Agreement by and Between the Poway Redevelopment Agency and Wal- Mart Stores, Inc." Motion carried unanimously. ITEM 6 (602-01, #93RY OWNER PARTICIPATION AGREEMENT QMENMENT /ADI PRQPERIIES, INC3 Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The original Owner Participation Agreement with ADI Properties provided for the development of Creekside Plaza. An amendment to that agreement provided for the reimbursement of $1.3 million to offset the cost of regionally significant roadway improvements which were required after the original agreement was approved. In order to expedite those improvements, ADI has requested an amendment to provide for monthly progress payments. ADI is also requesting $195,036 which was deleted from the eligible reimbursable amount be added back. This represents a 10 percent contingency factor and 10 percent overhead factor. Staff recommends approval. Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the public hearing and adopt Resolution No. 92 -204, entitled, "A Resolution of the City Council of the City of Poway Approving a Second Amendment to the Owner Participation Agreement by and Between the Poway Redevelopment Agency and ADI Properties, Inc." Motion carried unanimously. �1 1 Staff report by City Manager Bowersox. During the November 17, 1992 City Council meeting, Bill Barnick voiced concerns regarding the curve on Espola Road, south of Poway Road; the smell from Poway Valley Riders Association property; water plan for another year of drought; and traffic enforcement in the South Poway 4748 Page 4 - CITY OF POWAY - December 15, 1992 Business Park. Staff has prepared a response to each of these concerns and recommends the City Council receive and file the report. Council concurred. REVIEW OF TRAFFIC CONDITIONS ON TARASCAN DRIME SOUTH OF TUSCARORA Staff report by Director of Engineering Services Weston. The Traffic Safety Committee reviewed a staff report generated by a citizen request regarding traffic conditions on Tarascan Drive. They found that Tarascan meets Vehicle Code criteria to establish a "prima facie" 25 mph speed limit and recommends elimination of the existing radar survey and enhanced enforcement, along with trimming shrubbery on the northeast and southeast corners of Tarascan and Wanesta. Speaking in favor of staff recommendation: Bob Hylton, 13311 Tarascan Drive. Mr. Hylton disagreed that Tarascan and Wanesta is a safe intersection, but is in favor with what is being recommended. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation. Motion carried unanimously. ITEM 24.1 (203-11) INITIATING GENERAL PLAN AMENDMENT 93 -01 Staff report by City Manager Bowersox. There are some errors in the list of General Plan Amendment /Zone changes that will be coming to the City Council in January. ZC93 -01J will propose to change the Catholic Church property at Tannin Drive and Solera Way from Open Space to Open -Space Recreation. ZC93 -01K, Bernardo Winery, is also proposed for Open -Space Recreation. ZC93 -01T, Abraxas High School, is proposed to be Public Facilities. ZC93 -01EE, Blue Sky Ranch, is 410 acres. With those corrections staff recommends approval. Motion by Councilmember Cafagna, seconded by Councilmember Snesko to adopt Resolution No. 92 -205, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 93 -01." Motion carried unanimously. CITY MANAGER ITEMS 24. City Manager Bowersox announced there would be birthday cake for Councilmember Emery following the meeting. MAYOR ANQ CITY_COUNCIL- INITIATED ITEMS 26. Councilmember Callery stated she recently met with residents of Crestwood Drive and they brought up several concerns which she has presented to staff and she reviewed them for the Council's information: 1) they support the proposed zoning of Arbolitos Park to Open Space- Resource Management, but they would like a tot lot in that area which would not be allowed under OS -RM; 2) medians on Glen Oak Drive need to be landscaped; 4749 Page 5 - CITY OF POWAY - December 15, 1992 3) they request speed bumps on Crestwood Drive to help control speeding; 4) Abraxas High School students block Glen Oak Road in the afternoons. City Manager Bowersox stated staff will report back in January. 28A. Mayor Higginson appointed Councilmember Cafagna to serve as an alternate to the Metropolitan Transit Development Board. 28B. Mayor Higginson did not discuss the SANDAG agenda. 28C. Mayor Higginson appointed Councilmember Cafagna to serve as the City's representative to SANDAG's Mid - County Transportation Study Committee. 28D. Mayor Higginson asked Director of Community Services Thomas to explore the establishment of a fee for non - resident use of Meadowbrook gym. Council concurred. 29A. Councilmember Snesko stated he recently met with students at Poway High School. Council concurred the City /PUSD Sub - Committee should discuss setting up a Committee to deal with his proposals to help solve the drug problems on campus. 29B. In response to request from Councilmember Snesko, Council concurred that Mayor Higginson, Councilmember. Snesko, City Manager Bowersox, Police Captain Collins, and Director of Safety Services Sanchez should meet to discuss trying community -based policing in a test area. ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Snesko, Mayor Higginson ordered the meeting adjourned. The time of adjournment 7:55 p.m. Marjorie K_. Wahlsten,-Tity Cl er City of Poway 4750