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)
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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.
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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
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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.
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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
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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.
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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
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