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CC 1993 03-30 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 30, 1993 The March 30, 1993, regular meeting of the City Council of the City of Poway, was called to order at 7:04 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILHEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MENBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Steve Streeter Penny Riley Yolanda Collins David Narevsky Janis Acosta 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 Safety Services Assistant Director of Planning Services Assistant Planner Sheriff's Captain Redevelopment Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PROCLAMATIONS Mayor Higginson read the following proclamations and presented them as follows: A) Presented to three swimmers, "United Poway Swim Club Month," April, 1993; B) Presented to Director of Safety Services Sanchez, "Earthquake Preparedness Month," April, 1993; C) Presented to Director of Community Services Thomas, "Community Services Month," April, 1993; D) Presented to Kellie Deane, County Community Specialist, "Household Hazardous Materials Awareness Month," April, 1993. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 4842 Page 2 - CITY OF POWAY - March 30, 1993 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: Approval of Minutes - City Council March 9, 1993, Regular Meeting 8. Ratification of Warrant Register for March 11, 1993. (401-10) Denial of claims for damages: A) Laren Luce and Christopher Luce; B) Elizabeth Bousson; C) Timothy Depweg; D} Laura Kimball; E) Donald and Melanie Boone. {704-13) 10. Approval of City's investment report for February 28, 1993. (408-01) 11. Appropriation of $500 from the unappropriated fund balance as the City's contribution to the development of the Goodan Ranch Regional Park Management Plan, to be prepared by Cal Poly Pomona senior landscape architecture classes. (1503-16) 11.1 Appropriation of $13,000 for the Roadside Sobriety Checkpoint Program to be funded by a State Office of Traffic Safety grant. (401-30) Motion carried unanimously. ITEM 5 (202-01) HUGHES, HEISS & ASSOCIATES MANAGEMENT AUDIT/STUDY Staff report by City Manager Bowersox. Hughes, Heiss & Associates has preliminary recommendations for Engineering Services, Planning Services, Public Services and the Redevelopment Agency as part of Phase II of their Management Study. Recommendations for the remainder of the departments will be presented on April 13, 1993. He will then request that their recommendations be referred to him for recommendation on implementation. Richard Brady and Gary Goelitz of Hughes, Heiss reviewed their report. Council concurred to receive the report and consider the next portion on April 13, 1993. (Councilmember Snesko left the room.) ITEM 5.1 (1207-01) FY 93-94 TDA CLAIM Staff report by City Manager Bowersox. On March 23, 1993, the City Council reviewed and approved staff's recommended level of transit services for 1993-94. Based on that action County staff will prepare the City's Transportation Development Act (TDA} claim. As directed by the City Council, staff has included 4843 Page 3 - CITY OF POWAY - March 30, 1993 $go0,o00 of the City's unallocated reserves in the capital reserve fund for future transit facilities, leaving approximately $125,000 in unallocated reserves. Councilmember Callery stated the $125,000 should also be put in the capital reserve fund, leaving a $-0- balance in the unallocated reserve. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the 93-94 TDA claim, authorize the allocation of $1,025,000 from the unallocated reserve fund to the capital reserve fund, and appropriate approximately $24,159 from the unallocated reserve fund for transit services in FY 93-94. Motion carried 4-0 with Councilmember Snesko out of the room. (Councilmember Snesko re-entered the meeting.) CITY MANAGER ITEMS City Manager stated that Assemblyman Goldsmith has requested the City Council hold a workshop on April 15 at 4 p.m. to discuss strategies for retaining funding for the Blue Sky Ranch naturalist program. CITY ATTORNEY ITEMS 13A. City Attorney Eckis requested a closed session pursuant to Government Code §54956.9(a), pending litigation, Poway Town & Country Shopping Center v. City of Poway. 13B. City Manager Bowersox reported on the County Board of Supervisors meeting regarding the Quik Chek site. They agreed tentatively to accept the $85,000 from the state to fund the work to block further fuel seepage into Rattlesnake Creek. The Agreement between the County and the State is in the second draft and hinges on the long-term liability issue. Supervisor Jacob plans to travel to Sacramento to ensure the State will fund the long term clean-up of the site. Council discussed whether the City should agree to do the first stage clean up if the County and State can't come to agreement and whether or not the City should file suit against the property owner. At the suggestion of City Attorney Eckis they concurred to place a closed session to discuss whether or note to initiate litigation and a public discussion of the Phase I disclosure on the April 13, 1993 agenda. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Cafagna stated he and Assistant City Manager Fitch had interviewed someone who would be available to contract as the City's Economic Development Director. Council concurred to have staff bring forward a contract for consideration. 16A. Councilmember Emery stated the block wall on the west side of Pomerado Road, north of Holland, is failing and requested staff look at raising the priority of that Redevelopment project. 4844 Page 4 - CITY OF POWAY - March 30, 1993 168. Councilmember Emery questioned whether horse boarding facilities in the rural areas should be subject to the same restrictions as those in more urban areas and requested staff schedule this discussion. City Attorney Eckis stated that Assistant City Attorney Smith had met with one of the subject owners and Planning Department staff and will be coming to the Council with a request for clarification. 16C. Councilmember Emery stated he has received several responses from other cities in support of AB 764 (Goldsmith) which would give flexibility to cities in meeting their low income housing requirements. 17A. Mayor Higginson reported on the "Trash Summit" held last Friday with the SANDAG Board of Directors and the County Board of Supervisors. They discussed the issues raised by the Poway City Council on February 23 and March 23, 1993 and formed a 30-day Task Force to attempt to receive a consensus. City Attorney Eckis will serve on the Task Force. 17B. Mayor Higginson stated he has been serving on the Palomar/Pomerado Council which is made up of various community officials and business persons. There are funds available for community medical programs and they are soliciting suggestions. They currently fund CPR classes and Pop Warner physicals. 17C. Mayor Higginson stated he had received a letter from a resident regarding the timing of the traffic signal at the top of the Pomerado Road grade in the City of San Diego. Councilmember Cafagna stated he is meeting with City of San Diego Councilmember Behr tomorrow and will raise this issue with him. Councilmember Snesko stated he has talked to Councilmember Behr about this issue. CLOSED SESSION Mayor Higginson called for a closed session at 8:20 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:58 p.m. and announced that action had been taken in closed session. Motion by Councilmember Cafagna, seconded by Mayor Higginson to make an offer of $250,000 to the owners of the Poway Town & Country Shopping Center to settle the lawsuit and to not proceed with Phase 2 of the arbitration. The offer will be good until the close of business on April 1, 1993. Motion carried unanimously. Upon motion by Councilmember Cafagna, seconded by Mayor Higginson, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, April 1, 1993. The time of adjournment was 9:00 p.m. Marjorie K. Wahlsten, City Clerk City of Poway 4845 NO TICE NOTICE IS HEREBY GIVEN THAT THE MARCH 30 1993, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF ADJOURNMENT Upon motion by Councilmember Cafagna, seconded by Mayor Higginson, Mayor Higginson ordered the meeting adjourned to 4:30 p.m., Thursday, April 1, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:00 p.m. Marjorie K. W~~ City of Poway, California March 31, 1993 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approximately 10:00 a.m. Dated at Poway, California, on March 31, 1993 Marjorie K. City of Poway, California