Item 8 - Approval of Minutes
- AGENDA REPORT SUMMARY-
- TO: Honorable Chairman and Members of the Board
FROM: James L. Bowersox, Executive Dire~
INITIATED BY: John D. Fitch, Assistant Executive Directo~~
Marjorie K. Wahlsten, Secretary~ril_~^ '^
..J
DATE: October 31, 1995
SUBJECT: Approval of Minutes
ABSTRACT
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 IMPACT
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Board approve the minutes of the Poway Redevelopment Agency
for October 3 and 10, 1995.
ACTION
"
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OCT 3 1 1995 ITEM 8
CITY OF POWAY, CALIFORNIA
MINUTES OF THE POWAY REDEVELOPMENT AGENCY
REGULAR MEETING
OCTOBER 3, 1995
The October 3, 1995, regular meeting of the Poway Redevelopment Agency was
called to order at 7:00 p.m., by Chairman Higginson at the City Council Chambers,
13325 Civic Center Drive, Poway, California.
DIRECTORS ANSWERING ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Don Higginson
DIRECTORS ABSENT AT ROLL CALL
Bet ty Rexford
STAFF MEMBERS PRESENT
James Bowersox Executive Director
John Fitch Assistant Executive Director
Warren Shafer Director of Redevelopment Services
David Narevsky Redevelopment Manager
Marjorie Wahlsten Secretary
PLEDGE OF ALLEGIANCE
Director Callery led the Pledge of Allegiance.
. ,PUBLIC ORAL COMMUNICATIONS
Chairman Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Director Emery, seconded by Director Callery to approve the Consent
Calendar as follows:
II. Approval of Minutes - Redevelopment Agency
September 5, 1995, Regular Meeting
Motion carried 4-0 with Director Rexford absent.
CITY ATTORNEY ITEMS
City Attorney Eckis requested the City Council hold closed sessions before
considering Items 6 and 9.1. The fi rst 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
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OCT 31 1995 ITEM 8
Page 2 - POWAY REDEVELOPMENT AGENCY - October 3, 1995
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 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.
Motion by Director Emery, seconded by Director Callery to adjourn into closed
session. Motion carried 4-0 with Director Rexford absent.
ITEM 6 (602-01 #92R)
SECOND AMENDMENT TO OPA
POWAY LAND. INC./HALEY RANCH ESTATES
Chairman Higginson opened the public hearing. Item i nt roduced by Execut i ve
Director 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
. ,pri ce has not been determi ned, the Agency woul d provide 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.
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.
Director Cafagna asked why it had taken so long to compute the cost of
construction when the project has been finished for several years.
Mot i on by Di rector Cafagna, seconded by Director Emery to close the publ ic
heari ng and adopt Resol ut i on No. R-95-24, ent i tl ed, "Reso 1 ut i on of the Poway
Redeve 1 opment Agency Approv i ng and Adopt i ng 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
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OCT 3 1 1995 ITEM 8 ,.'
Page 3 - POWAY REDEVELOPMENT AGENCY - October 3, 1995
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 Director Rexford absent.
ITEM 9.1 (602-01 #240R)
AWARD OF BID
SCRIPPS POWAY PARKWAY EAST
Item introduced by Executive Director Bowersox. Staff report by Di rector of
Engineering Services Weston. The Scripps Poway Parkway East project is ready to
begin construction. 8ids 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
recei ved a protest from Ki ewit Paci fi c, the next low bidder. They bel i eve
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
Board asked about the length of construction period and the budget. Motion by
Director Cafagna, seconded by Director 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 Director Rexford absent.
ADJOURNMENT
Chairman Higginson adjurned the meeting at 8:45 p.m. on motion by Director Emery,
seconded by Director Callery.
Marjorie K. Wahlsten, Secretary
Poway Redevelopment Agency
2133
OCT 31 1995 ITEM 8 " ,
- -
CITY OF POWAY, CALIFORNIA
MINUTES OF THE POWAY REDEVELOPMENT AGENCY
REGULAR MEETING
OCTOBER 10, 1995
The October 10, 1995, regular meeting of the Poway Redevelopment Agency was
called to order at 7:03 p.m., by Chairman Higginson at the City Council Chambers,
13325 Civic Center Drive, Poway, California.
DIRECTORS ANSWERING ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson
DIRECTORS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox Executive Director
John Fitch Assistant Executive Director
Warren Shafer Director of Redevelopment Services
Marjorie Wahlsten Secretary
PLEDGE OF ALLEGIANCE
Director Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Chairman Higginson explained the procedure for Public Oral Communications. There
. was no one present wishing to speak.
CONSENT CALENDAR
Motion by Director Cafagna, seconded by Director Rexford to approve the Consent
Calendar as follows:
8. Approval of Minutes - Redevelopment Agency
September 12, 1995, Regular Meeting
September 19, 1995, Regular Meeting
Motion carried 4-0 with Director Emery absent.
ADJOURNMENT
Chairman Higginson adjourned the meeting at 7:31 p.m. on motion by Director
Rexford, seconded by Director Cafagna.
Marjorie K. Wahlsten, Secretary
Poway Redevelopment Agency
2134
OCT 3 1 1995 ITEM 8