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.
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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
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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.
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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.
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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
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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)
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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
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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