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CC 1993 05-18CITY OF POWAY, CALIFORNIA gINUTES OF THE CITY COUNCIL REGULAR MEETING gAY 18, 1993 The May 18, 1993, 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. COUNCILNEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Les Berglund Steve Streeter Yolanda Collins Jim Bentz Peter Moote Janis Acosta City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Safety Services Acting Dir. of Public Services Assistant Director of Planning Services Sheriff's Captain Community Services Manager Senior Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS A. Mayor Higginson presented twenty-year service awards to Jim Cain, Assistant Operations Manager, and Ron Nash, Treatment Plant Operator III. Bo Mayor Higginson presented certificates of completion to the first graduating class of volunteer Reserve Park Rangers. Seventeen persons completed 40 hours of training. They will work 16 hours per month and attend a two hour training session. This program was one of the Council's goals and objectives. Co City Council received a presentation by Arlene Shasteen-Halper, agriculture teacher at Poway High School and Future Farmers of American adviser, on the current FFA program. They are celebrating their 20th anniversary at Poway High School. 4900 Page 2 - CITY OF POWAY - May 18, 1993 PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council April 27, 1993, Regular Meeting May 4, 1993, Regular Meeting 13. Ratification of Warrant Register for April 29, 1993 (401-10) 14. Denial of claim for damages: A) Robin Hester; B) Charles Soman. (704-13) 15. Adoption of Resolution No. P-93-27, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 93-19" for the Poway Chamber of Commerce to conduct a street fair on Sunday, May 30, 1993, from 10:00 a.m. to 4:00 p.m. on Midland Road between Adrian and Edgemoor Streets. (203-07) Motion carried unanimously. ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 93-02 APPLICANT: LEA BURRELL Mayor Higginson opened the public hearing. City Manager Bowersox stated that certain uses are allowed by right in certain zones and other uses require conditional use permits that state the conditions under which a use will be allowed. To keep a number of exotic birds on property at 14121Melodie Lane staff established conditions that would control traffic, vermin, odors and noise. Director of Planning Services Wright-Quastler reviewed the conditions proposed, including enclosed areas where the loudest birds could be put during the evening and early morning hours, their noisiest periods. Because of the neighborhood concerns, staff has distributed a revised recommendation that two weeks be granted to put noise attenuations fixtures in place and, once that is completed, a six month minor conditional use permit be granted with an expiration date of November 18, 1993. Speaking in favor of staff recommendation: Jerry Pinney, 13627 Olive Tree Lane Leslie Mattice, 12970 Highway 8, E1Cajon Michael Morrison, 8363 Tommy Drive., San Diego, D & M Bird Farm Susie Kidder, 1649 Dumar Avenue, E1 Cajon, President of the Hookbill Hobbyists of South California Linda Bloom, 13970 Magnolia Avenue 4901 Page 3 - CITY OF POWAY - May 18, 1993 Sharon Loper, 8657 Verlane Drive., San Diego Vicki Owen, 11974 Austerlitz, San Diego Robert Snyder, 1594 Hilltop, E1Cajon Barbara Edwards, 1479 Rancho Encinitas, Olivenhain Christopher Doom, 10713 Ramsgate, Santee Deborah Lawrence, 13445 Thunderhead, San Diego Christine Johnson, 17495 Hada Drive., San Diego Stephanie Head, 13213 Ridgedale Drive Cheryl Wegner, 12222 Poway Road, owner of Animal Supplies of Poway Jack Hodgson, 5533 Baja Drive., San Diego, Ms. Burrell's landlord Martin Muschinske, P.O. Box 718, Jamul Lea Burrell, 14121Melodie Lane Colin O'Brien, 13803 Savage Way Dan Mitchell, 244 Pallette Street, E1 Cajon Speaking in opposition to staff recommendation: W. V. Opfer, 13526 Willow Run Road Jason Arbeiter, 14023 Ipava Drive John Pampy, 14113 Ipava Drive, turned in petition from neighbors Laurie Krusinski, 14113 Ipava Drive Kerri Krusinski, 14113 Ipava Drive Joy Pal fy, 13671Tierra Bonita Road Motion by Councilmember Emery, seconded by Mayor Higginson to close the public hearing. Motion carried unanimously. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:40 p.m., and called it back to order at 8:50 p.m. with all Councilmembers present. Councilmember Cafagna stated he had visited the property on Saturday and is in favor of approving with the original time limits rather than the more restrictive recommendation distributed yesterday. Councilmember Snesko stated he could support the revised recommendation. Councilmember Callery stated she could not make findings. Motion by Councilmember Emery to deny staff recommendation since he is unable to make findings 1, 2, 4 or 7. Motion seconded by Councilmember Callery. Motion failed 2-3 with Mayor Higginson and Councilmembers Cafagna and Snesko voting "no." Motion by Councilmember Cafagna, seconded by Councilmember Snesko to adopt Planning Resolution No. P-93-28, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 93-02, Assessor's Parcel Number 323-180-06," as revised by staff and distributed May 18, 1993. Motion carried 3-2 with Councilmembers Emery and Callery voting "no." RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:20 p.m. and called it back to order at 9:28 p.m. with all Councilmembers present. 49O2 Page 4 - CITY OF POWAY - May 18, 1993 ITEM 10.2 (701-04, #412) AMENDING THE MEMORANDUM OF UNDERSTANDING WITH NON-SAFETY EMPLOYEES Mayor Higginson stated this item is being pulled forward for action prior to acting on Item 6. Staff report by City Manager Bowersox. On May 13, 1993, representatives of the Non-Safety Employees agreed to defer action on a contract with the Public Employees' Retirement System to provide the retirement benefit based on one year final compensation until September 19, 1993, to allow the city time to contract with PERS for an early retirement incentive program prior to any layoffs, and to complete the meet and confer process. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-070, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Memorandum of Understanding Between the City of Poway and the Teamsters Local 911 Representing the Non-Safety Employees, and Amending the Salaries and Benefits Plan for the Management, Supervisory, Professional and Confidential Employees of the City." Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 412 - SECOND READING AMENDING CONTRACT WITH PERS Staff report by City Manager Bowersox. Based on the Resolution adopted as Item 10.2, staff is recommending that the second reading of Ordinance 412 be pulled from the agenda and renoticed. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to pull the second reading of Ordinance No. 412 from the agenda and renotice it as required at a later date. Motion carried unanimously. ITEM 7 (203-04) VARIANCE 93-01 CLARIFICATION APPLICANT: PIZZA MAKERS, LTD. Staff report by City Manager Bowersox. The applicant is requesting that the City Council determine that a PROTO II slump block wall system which is a like a masonry wall be substituted for the conventional masonry wall and woodcrete fence approved byResolution P-93-06. Staff is recommending denial because of problems in the past with non-traditional walls. Speaking in opposition to staff recommendation: Dan Ferreira, 4751 Terrace Drive, project manager Garry Otto, 3056 Eddes Street, West Street, representing PROTO II and Angelus Block. 4903 Page 5 - CITY OF POWAY - May 18, 1993 Following discussion, motion by Councilmember Emery, seconded by Councilmember Snesko to approve the substitution of a PROTO II wall system subject to approval by the City Engineer. Motion carried unanimously. ITEM 8 (401-22) NEIGHBORHOOD LOAN PROGRAM BUDWIN LANE NORTH OF TWIN PEAKS ROAD Staff report by City Manager Bowersox. On May 4, 1993, the City Council requested staff to be "creative" regarding funding for the proposed project. Staff is recommending the city participate to $57,500 of the road improvement costs which is approximately 50% of the cost of improving the north/south portion, and to pursue completion of the drainage improvements required of Huntington Gate subdivision if the developer does not. (Councilmember Snesko left at 9:50 p.m. during the discussion of this item.} Speaking in favor of staff recommendation: Carole Sheets, 14961Budwin Lane Sally Hendershaw, 14822 Budwin Lane John Healey, 14938 Budwin Lane The speakers requested the city participate in maintaining this private road after completion. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the project and appropriate the funds from a combination of Water Fund and Sewer Fund; approve a Neighborhood Loan Program at 4% simple interest for 10 years; approve a 50% share of the costs to be paid by the city (up to $57,500}; fund drainage improvements if Huntington Gate does not complete them with costs to be recouped from the developer as directed by the City Attorney; investigate SDG&E paying a portion of the road maintenance costs. Motion carried 4-0 with Councilmember Snesko absent. ITEM 9 (205-01) 1993-94 BUDGET PROJECTIONS Staff report by City Manager Bowersox. Staff has prepared a projection for 1993- 94 and a five-year fiscal forecast using 93-94 as a base. The projected shortfall for 93-94 is $586,507 growing to $1,930,388by 1997-98. This is based on certain assumptions spelled out in the report. Council concurred to receive the report and thanked staff for the forecast. ITEM 10 (202-01) HUGHES, HEISS MANAGEMENT AUDIT Staff report by City Manager Bowersox. On May 11, 1993, the Hughes, Heiss & Associates Phase II Report of the City-wide Organizational and Management Study 49O4 Page 6 - CITY OF POWAY - May 18, 1993 was presented to the City Council. It offers options to improve services and streamline the workforce of the City. Staff proposes to implement the quantitative aspects of the study, those that save or expend money immediately and continue to address the qualitative aspects over the next few months. He summarized the specific recommendations department by department with a net of 15 positions lost and a general fund savings of $340,409 during fiscal year 1993- 94. Speaking in opposition to staff recommendation: Chick Vigliotti, 2329 Miller Avenue, Escondido, Public Services Department employee. City Manager Bowersox stated staff is putting together a package that will include extra retirement credits to eligible employees, a severance package, assistance with resume preparation and interview skills. Councilmember Cafagna asked about retraining opportunities and job placement services. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Emery to approve the City Manager's plan for the implementation of the Phase II Report of the Hughes, Heiss organizational and management study. Motion carried 4-0 with Councilmember Snesko absent. ITEM 10.1 (1170-04, 602-01 #981) INTERIM AGREEMENT FOR DISPOSAL OF SOLID WASTE Staff report by City Attorney Eckis. At its April 30, 1993 meeting, SANDAG approved in concept an Interim Agreement for disposal of solid waste through formation of an Interim Commission pursuant to a modified Participation Agreement. The principal purpose of the Commission would be to recommend a permanent form of governance for regional control of solid waste. Each participant in the Commission would commit immediately 50% of its trash flow to the Commission without surcharge. All cities in the County must approve this agreement or it is of no force and effect. He stated this is a complex issue involving big money and big policy. The concern is over the ultimate liability to our general fund. If we choose to leave the County system we will still have liability for the existing landfills and won't have access to the enterprise fund. Any judgment would have to come from the general fund. This is the cheapest way to go in the short term and we have no way to know what will be the cheapest in the long term. Following discussion, motion by Councilmember Emery, seconded by Mayor Higginson to approve the Interim Agreement as proposed. Motion carried 4-0 with Councilmember Snesko absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 22A. Councilmember Callery presented a City of San Diego ordinance amending their graffiti abatement procedure which gives parents financial liability and suggested we amend our ordinance similarly. Council concurred to have the City Attorney bring back an ordinance for Council consideration. (701-04) 4905 Page 7 - CITY OF POWAY - May 18, 1993 22B. Councilmember Callery presented a Resolution adopted by the City of San Marcos adopting a "call to arms" relating to unfunded state and federal mandated programs. Council concurred to request the City Attorney look at the resolution and, if appropriate, bring it back for Council consideration. AD~OURNNENT Mayor Higginson adjourned the meeting to Thursday, May 20, 1993, 7:00 p.m., on motion by Councilmember Emery, seconded by Councilmember Callery. The time was 11:00 p.m. Marjori~ m~. Wahlsten, City Clerk City of P~_~way 49O6 NO TICE NOTICE IS HEREBY GIVEN THAT THE MAY 18, 1993, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: May 19, 1993 ORDER OF ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned to 7:00 p.m., Thursday, Hay 20, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 11:00 p.m. jor~e\K. Wahlsten, City Clerk City of~bway, California 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 May 19, 1993 City o~ay, California