Loading...
CC 1993 06-08 CITY OF PONAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING JUNE 8, 1993 The June 8, 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. COUNCILHEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson STAFF NENBERS PRESENT James Bowersox Marjorie Wahlsten Lynn McDougal John Fitch Peggy Stewart Les Berglund Mark Sanchez Steve Streeter David Narevsky Patrick Foley Janis Acosta Penny Riley City Manager City Clerk Deputy City Attorney Assistant City Manager Director of Administrative Services Acting Director of Public Services Director of Safety Services Assistant Director of Planning Services Redevelopment Manager Principal Management Analyst Management Analyst Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 607 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. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: Approval of Minutes - City Council May 11, 1993 Regular Meeting May 18, 1993 Regular Meeting May 20, 1993 Adjourned Regular Meeting 11. Ratification of Warrant Registers for May 13 and 20, 1993. (401-10) 12. Rejection of bid from AA-1 Painting Services, Inc. for the painting of six steel water reservoirs, and authorization for staff to proceed without further compliance with the Public Contract Code. (601-03) 4919 Page 2 - CITY OF POWAY - June 8, 1993 13. Transfer of $1,986.53 from Miscellaneous Grants Fund Balance (19-8930) to the 1992 Fuel Efficient Traffic Signal Management (FETSIM) Project (19- 1320) to close out the FETSIM project. (401-30) 14. Adoption of Resolution No. 93-075 entitled "A Resolution of the City Council of the City of Poway, California Establishing a Yield Sign on Sunrise Canyon Road at Ipava Drive." (1160-01) 15. Denial of Claim for Damages: Charles C. Lino. (704-13) 16. Acceptance of Adrian Street Improvements from Superior Ready Mix Concrete (5264). (602-01, #166R) 17. Adoption of Resolution No. 93-076, entitled, "A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway Mickelson, Suszko, Bartlett, Gibbens, Ellis, Culver, Bagby, and Forge Annexations." (Mickelson, 15257 Hilltop Circle; Suszko, 15233 Hilltop Circle; Bartlett, 15209 Hilltop Circle; Gibbens & Ellis, 15262 Hilltop Circle; Bagby, 15230 Hilltop Circle; and Stanley & Forge, 15277 Hilltop Circle.) (1170-11) 17.1 Adoption of Resolution No. 93-077, entitled, "A Resolution of the City Council of the City of Poway, California Suspending the Requirements of Resolution No. 89-042 for 1993 Only," regarding the date for publicly- initiated General Plan Amendment hearing. (203-11) Motion carried unanimously. ITEM 4 (203-01) TENTATIVE TRACT MAP 93-01 TIME EXTENSION APPLICANT: FRANK PIERSON, SR./FAYCO Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-year time extension for the subdivision of two parcels into four lots at the southern terminus of Welton Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-93-30, entitled, "A Resolution of the city Council of the City of Poway, California, Approving Tentative Tract Map 93-01 Time Extension {Formerly Tentative Parcel Map 91-06), Assessor's Parcel Number 323-090-52, 59." Motion carried unanimously. 4920 Page 3 - CITY OF POWAY - June 8, 1993 ITEM 5 (701-04) ORDINANCE NO. 414/FIRST READING ZONING ORDINANCE AMENDMENT 93-04 Mayor Higginson opened the public hearing and read the title of Ordinance No. 414, "An Ordinance of the City of Poway, California Amending Chapter 17.10, 17.12, and 17.42 of the Poway Municipal Code to Modify Zoning Requirements for Libraries and Adopt Parking Standards (ZOA 93-04)." Staff report by City Manager Bowersox. This is a request to amend the Zoning Ordinance to allow public libraries in commercial and manufacturing zones, subject to issuance of a conditional use permit, and to establish appropriate parking standards for libraries. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to issue a Negative Declaration, waive further reading and set second reading of Ordinance No. 414 for June 29, 1993. Motion carried unanimously. ITEM 6 (602-01, #9) AMENDMENT TO PERS CONTRACT EARLY RETIREMENT INCENTIVE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This amendment to the PERS contract is part of the planned implementation of the Hughes, Heiss report. There will be a net reduction of 18 positions in the City. In an effort to lessen the impact to employees in classifications slated for layoff, staff is proposing granting two additional years service credit to employees who retire during a designated period because of impending mandatory layoffs. The cost to the city if everyone eligible took advantage of this incentive would be $141,000, but it would result in $368,000 of savings. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 93-078, entitled, "Resolution of Intention of the City Council to Approve an Amendment to Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Poway, California." Motion carried unanimously. It was noted that the Ordinance will be presented as an urgency ordinance at the June 29, 1993 regular meeting. ITEM 7 (203-22R) REDEVELOPMENT PLAN AMENDMENT Staff report by City Manager Bowersox. Section 33363 of the California Redevelopment Law requires that before adopting a redevelopment plan, or amended plan, the legislative body must evaluate all evidence and testimony for and against the adoption of the plan and formulate written responses to all written 4921 Page 4 - CITY OF POWAY - June 8, 1993 objections of property owners and taxing entities. There were two written objections received, one from Catherine Rodman of the Legal Aid Society and the other from Ray Whitehead, a Poway citizen. Staff has prepared a written response to these objections. Agency counsel Tom Clark stated that one of the written objections received was from Catherine Rodman of the Legal Aid Society and, although staff prepared a response to her letter, it appears that they do not have standing to object under the case Torres v. Yorba Linda Redevelopment Aqency. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-079, entitled, "A Resolution of the City Council of the City of Poway, California Overruling Oral Objections and Adopting Findings and Responses to Written Objections to the Proposed Amendment to the Paguay Redevelopment Plan." Motion carried unanimously. Mayor Higginson read the title of Ordinance No. 415, "An Ordinance of the City Council of Poway Approving and Adopting an Amendment to the Redevelopment Plan for the Paguay Redevelopment Project and Adopting a Statement of Overriding Considerations." Motion by Councilmember Emery, seconded by Councilmember Callery to waive further reading and set second reading for June 15, ]993. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 93-080, entitled, "A Resolution of the City Council of the City of Poway, California Certifying the Final Environmental Impact Report (State Clearinghouse No. SCH #92-061-007) for the Proposed Amendment to the Paguay Redevelopment Plan and Adopting a Mitigation Monitoring Program for the Implementation of the Proposed Project." Motion carried unanimously. ITEM 8 (701-04) GRAFFITI ORDINANCE AMENDMENTS Staff report by City Manager Bowersox. On May 18, 1993, Councilmember Callery requested that the City Council consider changes to the graffiti ordinance to add a community service program that would involve the participation of parents and a civil liability provision for parents. The City Attorney has prepared a draft ordinance for discussion. Councilmember Callery suggested that Section 9.56.070(a)(1) be changed from 30 hours of community service to "the number of hours of community service shall be determined by dividing the dollar amount of damages by the minimum wage." Deputy City Attorney McDougal stated staff will look at that change prior to bringing it back for first reading. Motion by Councilmember Emery, seconded by Councilmember Callery to set the ordinance to public hearing. Motion carried unanimously. 4922 Page 5 - CITY OF POWAY - June 8, 1993 ITEM 8.1 202-01) CITY COUNCIL GOALS & OBJECTIVES Staff report by City Manager Bowersox. Annually, the City Council develops a list of goals and objectives in conjunction with the preparation of the city's budget. Staff has prepared a list based on Council input at a March 18, 1993 workshop. Councilmember Emery requested that the expanded after school program not "fall between the cracks." Councilmember Callery stated she has met with the principal of Meadowbrook Middle School and a PUSD ESS representative to explore a program at the middle school age level. Councilmember Callery stated the City Council had asked the Poway Road Specific Plan Advisory Committee to look at the issue of compatible adjacent uses when the Filippi project was considered and requested a report back on their progress. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve the proposed list of goals and objectives for inclusion in the 1993-94 budget. Motion carried unanimously. ITEM 8.2 602-01, #35) TRANSPORTATION CONTRACT AMENDMENTS Staff report by City Manager Bowersox. On March 23, 1993, the City Council directed staff to include the Poway/Mid County Service Area in the County's new Regional Americans with Disability Act senior/disabled paratransit service contract. Staff is recommending that the City Council authorize including the City of Poway in the new contract with the American Red Cross for this service contingent upon amendments regarding signage, definition of seniors as age 55 or older, and a storage yard in the mid-county 1-15 corridor service area. Staff has received a letter from the County agreeing to the changes. Motion by Councilmember Snesko, seconded by Councilmember Callery to approve staff recommendation. Motion carried unanimously. CITY MANAGER ITEMS City Manager Bowersox announced that Management Analyst Janis Acosta is moving to Columbus, Ohio and Assistant Planner Penny Riley has been promoted to the Management Analyst position in his office. MAYOR AND CITY COUNCIL-INITIATED ITEMS 21A & 23B. These two items were discussed together. Councilmember Callery presented a "Declaration of Unity" that is being proposed for adoption by the 125 San Diego County local governments opposing the shift of property taxes from local governments. Council concurred there is a need for unity. City Manager Bowersox stated he had talked to Assemblyman 4923 Page 6 - CITY OF POWAY - June 8, 1993 Goldsmith prior to this meeting. He is serving on a joint budget task force composed of 6 Assemblymembers and 6 Senators and explained that, realistically, there is going to be a property tax shift and we should support either the AB8 shift, or the per capita shift. Council concurred that since the AB8 shift will have the least impact on us that is the one they will request Assemblyman Goldsmith support. 22A. Councilmember Emery stated there is an increased need for enforcement of the current sign ordinance on Poway Road, even though there will be a proposal to amend it in the near future. Council concurred and requested the Code Enforcement Officer provide the Council with a log of his contacts. 22B. Councilmember Emery stated the increasing number of incidents of autos being broken into at the Performing Arts Center is disturbing. City Manager Bowersox stated there is a budget item for lighting in the north parking lot in the next fiscal year. In addition we will look at using the volunteer rangers to patrol, along with increased Sheriff's presence. If these three strategies aren't effective, we will look at hiring security guards during the performances. 22C. Councilmember Emery stated a discussion of the children's librarian position is not necessary since the County has agreed to fund the position during the next year. 23A. Mayor Higginson requested concurrence from the City Council to hold a pre- development conference for commercial use on the northeast corner of Scripps/Poway Parkway and Pomerado Road for C.F. Pomerado, Inc. Council concurred to add to the June 17, 1993 agenda. 24 Councilmember Snesko stated CalTrans had stated the HOV lanes would be opened up if an accident backed up traffic on 1-15 and it isn't being done. He requested staff send a letter to them reminding them of their promise. Mayor Higginson suggested we ask what their criteria is for opening them to general traffic. CLOSED SESSION City Manager Bowersox requested a closed session for the purpose of the legislative body reviewing its position and instructing its representatives concerning personnel negotiations pursuant to Government Code §54957.6(a). Mayor Higginson called for a closed session at 7:55 P.M. CALL TO ORDER Mayor Higginson called the meeting back to order at 8:14 p.m. with all Councilmembers present except Councilmember Snesko who had left during the closed session. 4924 Page 7 - CITY OF POWAY - June 8, 1993 ITEM 18B (901-02) MEMORANDUM OF UNDERSTANDING SALARY & BENEFIT PLAN City Manager Bowersox stated the City and California Teamsters Local 911 concluded meet and confer and reached agreement. Mayor Higginson stated that in closed session the City Council concurred with the agreement. Principal points are the "2% at 55" formula for PERS, giving up the single highest year benefit for PERS, and a 1% salary reduction effective July 1, 1994. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Resolution No. 93-081, 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 California Teamsters Local 911 Representing the Non-Safety Employees," and Resolution No. 93-082, entitled, "A Resolution of the City Council of the City of Poway, California, Amending the Salaries and Benefits Plan for the Management, Supervisory, Professional, and Confidential Employees of the City." Motion carried 4-0 with Councilmember Snesko absent. ADJOURNMENT Upon motion by Councilmember Callery, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 8:15 p.m. MarjorFte~K. Wahlsten, City Clerk City o~way 4925