Item 7 - Approval of Minutes
AGENDA REPORT SUMMARY ..
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~ jrlr
INITIATED BY: John D. Fitch, Assistant City Manage~
Marjorie K. Wahlsten, City Clerk ~v.
'/
DATE: October 31, 1995
SUBJECf: Approval of Minutes
ABSTRACf
The Minutes of the October 3 and 10, 1995 regular meetings have been prepared and are
attached for your approval.
ENVIRONMENTAL REVIEW
.. Environmental review is not required according to CEQA guidelines.
FISCAL IMPACf
None,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Council approve the minutes of the Poway City Council
meetings of October 3 and 10, 1995
ACTION
.,
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OCT 3 1 1995 ITEM 7
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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
Bet ty Rexford
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Clerk
Steve Eckis City Attorney
John Fitch Assistant City Manager
Peggy Stewart Director of Administrative Services
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Williams Director of Public Services
Warren Shafer Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Alan Ful mer Sheriff's Captain
Pame la Colby Senior Management Analyst
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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OCT 3 1 1995 ITEM 7
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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 Campbe 11 , 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. Ratification of Warrant Register for period of September 11-15, 1995
(401-10)
13. Approval of City's Investment Report for period ending August 31, 1995
(408-01)
14. 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, TI4S, 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 '12 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 publ ic 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 B (701-04)
LIGHTED TENNIS COURT STANDARDS
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Mayor Higginson opened the publ ic 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 1 i ght i ng standards. The Counc il 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
Hai 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." Mot ion carri ed 4-0 wi th
Councilmember Rexford absent.
ITEM 7 (602-01 #1022)
POWAY-MIDLAND RAILROAD VOLUNTEERS
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OCT 31 1995 ITEM 7 I
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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-Mi dl and Ra i 1 road 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 Council member Rexford absent.
CITY ATTORNEY ITEMS
City Attorney Eckis requested the City Council hold closed sessions before
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OCT 31 1995 ITEM 7
Page 5 - CITY OF POWAY - October 3, 1995
considering Items 6 and 9.1. The fi rst is Conference wi th 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
1 itigation pursuant to Government Code Section 54956.9(b). The facts and
circumstances are as follows: On August 15, 1995, City Council approved the
Habi tat Conservat i on Pl an. 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
.Counci lmembers present except Counci lmember 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 Di rector of Redevelopment Servi ces 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
pri ce has not been determi ned, the Agency woul d provi de Poway Land wi th a
promissory note in the amount of $280,000 with a three year 1 imit. 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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OCT 3 1 1995 ITEM 7
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Speaking in opposition to staff recommendation:
Timothy Fields, Schall-Boudreau-Gore, 501 W. Broadway, San Diego,
represent i ng 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.
Council member 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 Counci1member Emery to close the
pub1 ic 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 Counci1member 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
suppl i er, fi nd that the fa il ure to 1 i st subcontractors was a c1 eri ca 1 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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OCT 3 1 1995 ITEM 7
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
20A. Councilmember Callery requested and received City Council concurrence for
staff to get more information on becoming a "Cal ifornia Healthy City."
(1503-00)
20B. Councilmember Callery requested and received City Council concurrence to
direct staff to contact the Powav 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 K. Wahlsten, City Clerk
City of Poway
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OCT 3 1 1995 ITEM 7
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CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 10, 1995
The October 10, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 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, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Cl erk
Steve Eckis City Attorney
John Fitch Assistant City Manager
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Williams Director of Public Services
Warren Shafer Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Steve Streeter Pri nc i pa 1 Pl anner
Steve Blackwood Sheriff's Lieutenant
Penny Riley Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
PROCLAMATION
Mayor Higginson proclaimed October 8-14, 1995 as "Fire Prevention Week" in the
City of Poway and presented the proclamation to Director of Safety Services
Sanchez.
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OCT 31 1995 ITEM 7
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CONSENT CALENDAR
Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to approve
the Consent Calendar as follows:
7. Approval of Minutes - City Council
September 12, 1995, Regular Meeting
September 19, 1995, Regular Meeting
9. Ratification of Warrant Register for period of September 18-22, 1995
(401-10)
10. Denial of claim for damages: A) Joshua Schweitzer; B) Jon P. Balli
(704-13)
11. Award of bid for Lake Poway Recreation Area Playground Equipment to Coast
Recreation in the amount of $15,530. (601-03)
12. Acceptance of publ ic improvements and rel ease of securities for St.
Michael's Church sanctuary reconstruction; located at 15546 Pomerado Road.
(602-01 #899)
13. Adoption of Resolution No. 95-110, entitled, "A Reso 1 ut i on of the City
Council of the City of Poway, California Appointing James R. Williams as
its Representative to the Board of Directors of San Diego County Water
Authority and Rescinding Resolution No. 90-288." (1503-03)
,Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (701-04)
ORDINANCE NO. 452
FLOOR AREA RATIO
Staff report by City Manager Bowersox. Council directed staff to develop a floor
area ratio value to coincide with the amended development standards for the RS-7
zone and this Ordinance was advertised for public hearing at the September 5,
1995 meeting. It was assigned Ordinance No. 452 at that meeting and continued
to this date for staff to consider additional information. However, since there
are only two sizeable RS-7 zoned properties remaining in the City, staff
recommends that a FAR standard not be adopted at this time.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and remove Ordinance No. 452 from the agenda. Motion carried 4-0
with Councilmember Emery absent.
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OCT 3 1 1995 ITEM 7
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ITEM 5 (203-08)
CONDITIONAL USE PERMIT 95-04
DEVELOPMENT REVIEW 95-07
APPLICANT: RICHARD DARR
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. This is a request to continue and expand a tire sales and service
within a 2,389 square foot building along with brakes, automotive detail and
related services; recreational vehicle rental, storage and mi nor repairs;
equipment rental yard, truck and/or car rental/leasing; including a variance to
side yard setback on the west side, at 12957 Poway Road. Staff is recommending
approval for tire installation, brake service, auto detailing, and recreational
vehicle rental and storage only and remove the variance request from calendar
since it is not needed for the approval recommended.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-95-58, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
- Permit 95-04 and Development Revi ew 95-07, and Removi ng Vari ance 95-04 from
Ca 1 endar, Assessor's Parcel Number 317-490-57." Motion carried 4-0 wi th
Councilmember Emery absent.
Ri chard Darr approached the podi um and was quest i oned by the City Attorney
. ,whether he wished to request any changes to the City Council's approval. If so,
the public hearing would have to be reopened. Mr. Darr asked about an aggregate
parking lot rather than asphalt. City Manager Bowersox stated that his request
had been addressed in a letter from the Planning Services Department. Aggregate
is not allowed for parking lots within the City.
ITEM 6 (203-18)
PRE-DEVELOPMENT CONFERENCE
APPLI CANT: GUARDIAN TOWING
City Manager Bowersox stated that thi s item is a pre-development conference
requested by Guardian Towing for light automotive repair at 12300 Stowe Drive,
Suite A in the South Poway Business Park. This use is not currently allowed in
the Specific Plan.
Ali Ganji, Guardian Towing, explained he wishes to combine a storage area for his
towi ng bus i ness and a space for 1 ight automotive repair. This suite was
previously used to store repossessed vehicles.
Councilmembers asked about outside storage, hoists and drains for auto fluids.
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{JeT 3 1 1995 ITEM 7
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ADJOURNMENT
Mayor Higginson adjourned the meeting at 7:31 p.m on motion by Councilmember
Rexford, seconded by Councilmember Cafagna.
Marjorie K. Wahlsten, City Clerk
City of Poway
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DCT 31 1995 ITEM 7