CC 1993 08-03 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 3, lgg3
The August 3, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Tony Snesko, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Susan Callery
STAFF MEMBERS PRESENT
John Fitch
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Mark Sanchez
Steve Streeter
Yolanda Collins
Pamela Colby
Penny Riley
Dan Cannon
Assistant City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Senior Management Analyst
Management Analyst
Parks & Landscape Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery 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
Councilmember Snesko pulled Item 19 from the Consent Calendar. Mayor Higginson
stated that Item 31.3 would be trailed until after the closed session. City
Attorney Eckis stated he would disqualify himself on Item 31. Motion by
Councilmember Snesko, seconded by Councilmember Cafagna to approve the Consent
Calendar as follows:
14.
Approval of Minutes - City Council
July 13, 1993, Regular Meeting
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Page 2 - CITY OF POWAY - August 3, 1993
16.
17.
18.
Ratification of Warrant Register - July 15, 1993
(401-10)
Denial of claim for damages: Heather McCann and Jackie Costello.
(704-13)
Approval of appropriation of $123,199 General Liability Retro Refund as a
92-93 revenue for the payment of the $148,992 1993 Workers' Compensation
Retrospective Deposit. (401-15)
20. Approval of lease agreement renewal between the City and For Parents' and
Kids' Sake, Inc., for use of the trailer located at 12951Metate Lane.
(602-01 #772)
21. Confirming Shirley Y. Bullard as the appointment of PUSD to the Performing
Arts Advisory Committee, replacing Gloria Johnston. (701-09)
22.
23.
Approving contract with Comprehensive Housing Services for the development
of the Poway Residential Preservation/Rehabilitation Program, not to
exceed $2,500, as part of the Affordable Housing Strategy(602-O1, #202R)
Acceptance of Old Poway Park IIIA Crossing Protection System from Railroad
Signal, Inc. (5602) (601-03R)
24. Acceptance of 1992-93 Street Maintenance Program from Daley Corporation.
(602-01 #938)
25. Acceptance of Irrigation Pumping System at Ted Williams Parkway from
Barrett Engineered Pumps, Inc., for the construction and Arid-West
Landscape, Inc., for the installation. (401-13)
26. Acceptance of Retrofit of Irrigation and Planting of the grapefruit groves
on Ted Williams Parkway from Bartlett Grove Management Company.
(602-01, #974)
27. Award of bid for the construction of the shade structure at the group
picnic area at Lake Poway to Famania Construction Company, in the amount
of $20,000. (1673) (602-01, #993)
28.
29.
30.
Adoption of Resolution No. 93-112, entitled, "A Resolution of the City
Council of the City of Poway, California Adopting a Resolution of
Intention on the city of San Diego Multiple Species Conservation Program
(MSCP) Plan, "for the Clean Water Program. (1503-17)
Adoption of the following positions on pending legislation: support SB
1254 which proposes a series of mandate relief items; support AB 2007
which establishes the procedures for the creation of a San Diego regional
park and open space district; support SB 158 which would create the
California Heritage Lands Bond Act of 1994; support SB 30 which is part of
an overall reform package for workers' compensation; oppose SCA 33 which
would bar cities from collecting reimbursement for any open meeting state
mandates. (701-11)
Award of bid for transit stop and shelter on Midland Road north of Poway
Road to Marquez Constructors, Inc. in the amount of $56,195.45.
(602-01, #995)
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31. Approval of amendment to contract with McDougal, Love, Eckis, & Grindle
for City Attorney Services. (602-01, #259)
31.1 Adoption of Resolution No. 93-113, entitled, "A Resolution of the City
Council of the City of Poway, California Approving the Designation of
Agents Representing the City of Poway for the Purposes of Applying for and
Recovering State and Federal Financial Disaster Assistance," and approving
submittal of the City's application for the reimbursement of $88,287 from
the Federal Emergency Management Agency (FEMA) and the State of California
for costs associated with winter rain storms. (1501-10)
31.2 Adoption of Resolution No. 93-114, entitled, "A Resolution of the City
Council of the City of Poway, California Designating the City of Oceanside
through the San Diego Mediation Center to provide Parking Citation
Administration Review Services Through the City of Oceanside for the city
of Poway and the Imposition of Administrative Fees for Such Reviews."
(602-01, #996)
Motion carried 4-0 with Councilmember Callery absent.
ITEM 4 (705-10)
CITY LIGHTING DISTRICT
Staff report by Assistant City Manager Fitch. On May 25, 1993, the City Council
approved the Engineer's Report for the City Lighting District which proposes no
increase in the assessments for Zones A and B and the addition of a Zone C. Zone
A is for those developed properties directly benefitting from street lights and
is $15.00 per year. Zone B is for those developed properties only benefitting
from street lights on the arterials and is $3.75 per year. Zone C is all
developed properties and assessments will pay the costs of maintaining traffic
signals and flashing beacons which is now being paid by the General Fund. This
action was recommended by the MSI Study. The city has received a flyer being
circulated by a citizens' group that raised three issues. The first was that
vacant properties in the South Poway Business Park were not being assessed. He
explained that no vacant property in the City is assessed since the benefit is
deemed to be based on traffic generation. The second is that city-owned
mobilehome park residents do not pay assessments. He explained that although
these residents do not pay property taxes, they do pay a possessory interest tax.
The third is that lights in gated communities are maintained by the District
although the general public cannot drive on their roads and receive benefit from
the lights. He stated that, depending on the number of lights and residences,
these communities could be subsidizing the rest of the district, or the district
could be subsidizing them. Before next year's Engineer's Report, staff will
devise a method for the residents in the gated communities to pay totally for
their lights but it is too late to do that this year. Staff recommends
establishment of the assessments as proposed.
Speaking in opposition to staff recommendation:
William Hickey, Sr., 13204 Ridgedale Drive
Mike Cattolico, 16624 Orchard Bend Road
Jim Shea, 12423 Paseo Colina
Peggy Shea, 12423 Paseo Colina
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Page 4 - CITY OF POWAY - August 3, 1993
Speakers suggested that vacant property should be assessed if they have street
lights illuminating their property since this reduces vandalism.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing. Motion carried 4-0 with Councilmember Callery absent.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 93-115, entitled, "A Resolution of the City Council of the City
of Poway, California Establishing Assessments for the Poway Lighting District to
be Collected on the Property Tax Roll for Fiscal Year 1993-94," direct staff to
look at assessing vacant property, revise the assessment formula for next year
so that the general public does not pay for street light maintenance in gated
communities, and leave the door open to rebate the assessments if the State
returns the property taxes taken from the City. Motion carried 3-1 with
Councilmember Snesko voting "no" and Councilmember Callery absent.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 7:55 p.m. and called it back to order at
8:02 with all Councilmembers present except Councilmember Callery.
ITEM 5 (705-14)
LANDSCAPE MAINTENANCE DISTRICT 87-1
Staff report by Assistant City Manager Fitch. On May 25, 1993 the City Cc
approved the Engineer's Report for Landscape Maintenance District 87-1,
Poway Business Park, of $798.76 per net acre per year, an increase of $12
The issue of who pays to maintain the SportsPark will be resolved before
year's assessments and a benefit analysis report will come to Counc'
September.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Resolution No. 93-116, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 87-1 to be Collected on the Property Roll for
Fiscal Year 1993-94." Motion carried 4-0 with Councilmember Callery absent.
ITEM 6
ORDINANCE RE CABLE TELEVISION
City Clerk Wahlsten stated this item was continued to August 31, 1993 at the July
27, 1993 City Council meeting and no action is necessary at this meeting.
(Mayor Higginson left the meeting at 8:07 p.m. and turned the gavel over to
Deputy Mayor Emery.)
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ITEM 7 (203-01)
TENTATIVE TRACT MAP 89-14 MODIFICATION
REMOVAL OF PEDESTRIAN BRIDGE
Deputy Mayor Emery opened the public hearing. Staff report by Assistant City
Manager Fitch. This is a request to amend the conditions of development of
development for Haley Ranch Estates and remove the condition of a pedestrian
bridge between Haley Ranch Estates and Creekside Plaza. Funding for this
improvement was intended to come from the city's 20% low and moderate income
housing funds, however legal counsel has ruled that it would be an inappropriate
use of those funds and staff does not feel that the $200,000 cost is justified
at this time from the 80% Redevelopment Funds. In order for the Haley Ranch
Estates map to be finalized the condition was be removed.
Speaking in opposition to staff recommendation:
Susan Sheldon, 13411Starridge Street
Mike Fry, 12819 Selma Court
Both speakers cited the need to improve pedestrian access throughout the
community.
Director of Planning Services Wright-Quastler stated the Poway Road Specific Plan
Advisory Committee is looking at pedestrian linkages and suggested this project
be left in their study.
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution P-93-42, entitled, "A Resolution of
the City Council of the City of Poway, California Modification to Resolution P-
90-58 for Tentative Tract Map 89-14 and Development Review 89-32, Assessor's
Parcel Number 317-481-01 through 317-481-76," leaving the bridge concept in the
Poway Road Specific Plan and on the Redevelopment Agency's project list. Motion
carried 3-0 with Mayor Higginson and Councilmember Callery absent.
ITEM 8 (401-27)
TAX ROLL ITEMS
WEED/NUISANCE/VEHICLE ABATEMENT
Deputy Mayor Emery opened the public hearing. Staff report by Assistant City
Manager Fitch. It is necessary to place charges on the tax rolls for weed
abatement, nuisance abatement, and vehicle abatement where the property owners
have not paid the charges.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 93-117, entitled, "A Resolution of the
City Council of the City of Poway, California Approving the Report Prepared for
Collection of Weed Abatement, Nuisance Abatement and Vehicle Abatement Charges
on the County Tax Assessor's Roll for the Year 1993-94." Motion carried 3-0 with
Mayor Higginson and Councilmember Callery absent.
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ITEM 9 (401-27)
TAX ROLL ITEMS
FIRE PROTECTION FEES
WATER DISTRICT ASSESSMENTS
NEIGHBORHOOD LOAN PROGRAM LIENS
Deputy Mayor Emery opened the public hearing. Staff report by Assistant City
Manager Fitch. It is necessary to place charges on the 1993-94 tax roll for
Water Assessment District 79-1, Neighborhood Loan Program Liens for street and
sewer improvements, and fire protection fees.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 93-118, entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing the Fire Protection
Fees, Water District Assessments, and Street Improvement Assessments to be
collected on the Property Tax Roll for Fiscal Year 1993-94." Motion carried 3-0
with Mayor Higginson and Councilmember Callery absent.
ITEM 10 (401-27)
TAX ROLL ITEMS
COMMUNITY FACILITIES DISTRICT NO. 1
Deputy Mayor Emery opened the public hearing. Staff report by Assistant City
Manager Fitch. It is necessary to place charges on the 1993-94 tax roll to pay
the bonded indebtedness for South Poway Community Facilities District No. 1.
There was no one present wishing to speak.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 93-119, entitled, "A Resolution of the
City Council of the City of Poway, California Setting the special Tax Rate and
the Amount to be Levied on Property Within the South Poway Community Facilities
District No. 1 for Fiscal Year 1993-94." Motion carried 3-0 with Mayor Higginson
and Councilmember Callery absent.
ITEM 12 (1180-03)
LONG TERM PARKING ON CITY STREETS
Staff report by Assistant City Manager Fitch. At the July 13, 1993 City Council
meeting, Jim Keeley stated recreational vehicles were allowed to remain on city
streets too long and suggested a parking permit program like the City of
Arcadia's. Vehicles are only permitted to remain on streets 72 hours, but there
is no restriction in driveways. Arcadia's program prohibits on-street parking
between 3 a.m. and 6 a.m. without a permit. Staff does not recommend any changes
in our current policies.
Council concurred to receive and file the report.
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ITEM 13 (1202-04)
SDG&E PIPELINE PROJECT
Staff report by Assistant City Manager Fitch. SDG&E staff proposed to install
an 8 inch high pressure gas main in Pomerado Road, south of Poway Road. City
staff was aware of future plans to install a 36 inch gas pipeline in this same
area and questioned why they were planning two separate projects. SDG&E
concurred that one 36 inch pipeline would serve their needs and have agreed to
abandon the plans for an 8 inch pipeline.
Speaking in opposition to the project:
Betty Rexford, 11570 Creek Road
Paul Rexford, 11570 Creek Road
Larry Cruse, 13734 Utopia
Mike Fry, 12819 Selma Court
Speakers were concerned over a possible route along Creek Road, danger of having
a high pressure gas main in a residential area, and lack of written information
from San Diego Gas & Electric.
Assistant City Manager Fitch stated that SDG&E has the right to use public right
of way, such as streets, for their facilities with no approval needed from the
city. However, the city prefers a route along the Scripps Poway Parkway because
of its width and the lesser disruption of traffic during construction than along
Creek Road.
Council concurred to receive and file this report.
(Mayor Higginson re-entered the meeting at 8:53 p.m.)
ITEM 13.1 (602-01, #981)
SOLID WASTE INTERIM AGREEMENT AMENDMENT
Staff report by City Attorney Eckis. The second meeting of the Interim
Commission was held on July 28, 1993. It appears that all cities except Chula
Vista, Escondido and Oceanside will eventually join the Commission. One of the
conditions requested by some of the cities joining is an amendment to the
Agreement that the County would not issue bonds without Commission concurrence.
The Commission has agreed. Also, cities will have until August 27 to join
without surcharge penalties.
Motion by Councilmember Snesko, seconded by Councilmember Emery to adopt
Resolution No. 93-120, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Second Amendment of the Solid Waste Interim
Participation Agreement." Motion carried 4-0 with Councilmember Callery absent.
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Page 8 - CITY OF POWAY - August 3, 1993
ITEM 19 (602-01, #145R)
POWAY SHARED HOUSING PROGRAM
Staff report by Assistant City Manager Fitch. The Poway Shared Housing Program
was initiated on August 1, 1991 through approval of a contract with Lifeline
Community Services. The Redevelopment and Housing Advisory Committee, after
review, recommends continuing the program and undertaking some revisions during
the next year.
Councilmember Snesko stated he had pulled this item from the Consent Calendar
because of his concern that spending $18,000 for a contract resulting in only 9
matches is not the best use of Agency funds. Motion by Councilmember Snesko,
seconded by Councilmember Emery that the City Council adopt Resolution No. 93-
121, entitled, "A Resolution of the City Council of the City of Poway Approving
the Extension of the Poway Shared Housing Program" by extending the contract with
Lifeline Community Services for four months rather than one year and that a
status report be made to the Committee in three months in order for them to make
a recommendation to the City Council regarding continuance. He recommended that
Life Community Services keep a daily log of their activities in order to
demonstrate their contacts and ancillary services given. Motion carried 4-0 with
Councilmember Callery absent.
CITY ATTORNEY ITEMS
33.
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, in the case of City of Poway v. Parkway
Business Center.
MAYOR
34A.
34B.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Cafagna announced he was appointing Richard Burke to the
Redevelopment & Housing Advisory Committee.
Councilmember Cafagna stated that, as directed by Council on July 13,
1993, he proposes that there be five members of the Horse Boarding
Committee, plus himself and Councilmember Snesko. The categories for
membership would be one boarding facility owner; one affected neighbor;
DeAnne Erickson from the horse community; one non-affected citizen; and
one veterinarian. Council discussed potential conflict of interest and
City Attorney Eckis suggested that if this Committee is a short-term ad
hoc committee with no Councilmembers, or one at the most, the members need
not be classed as "public officials" falling under the provisions of the
Fair Political Practices Act. Councilmember Snesko stated he would
voluntarily resign from the Committee. Councilmember Cafagna stated he
will have some names to give to the Council in the near future for this
Committee.
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Page 9 - CITY OF POWAY - August 3, 1993
36.
Councilmember Emery stated he was concerned by the long line of children
waiting to get into the pool at 1 p.m. and asked if the hours for public
swim time could be extended. Staff will look at this issue before next
summer.
38A.
38B.
Councilmember Snesko stated he was contacted by the owner of a catering
truck who had attempted to get a solicitors's license and was told he
would have to wait thirty days for the background check to be completed.
City Attorney Eckis stated he had worked with someone who was in this same
situation and he was allowed to operate while the comprehensive background
check was being done since a preliminary check was satisfactory.
Councilmember Snesko stated he will be appearing before the San Diego City
Council next week to request they approve an alternative weighted vote
proposal for the Waste Water Management District (SanDistrict). It would
require ten votes for anything being decided by the weighted vote. San
Diego has six votes. Currently a weighted vote item could be approved by
seven votes, the other cities wanted it to be changed to eleven which the
San Diego City Council rejected. Council concurred to support the
compromise position.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 9:35 p.m.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 10:35 p.m. with all
Councilmembers present except Councilmember Callery. He stated they had
discussed the lawsuit with Parkway Business Center and, as a result, will
consider Items 11 and 31.3.
ITEM 11 (401-27)
TAX ROLL ITEM
COMMUNITY FACILITIES DISTRICT 88-1
Mayor Higginson opened the public hearing. Staff report by Assistant City
Manager Fitch. Staff proposes $12,587.72 per net usable acre as the amount of
the special assessment for property within the Community Facilities District No.
88-1 (Parkway Business Center) for fiscal year 1993-94.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing and adopt Resolution No. 93-122, entitled, "A Resolution of the
City Council of the City of Poway, California, Setting the Special Tax Rate and
the Amount to be Levied on Property Within the Community Facilities District No.
88-1 (Parkway Business Center) for Fiscal Year 1993-94." Motion carried 4-0 with
Councilmember Callery absent.
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Page 10 - CITY OF POWAY - August 3, 1993
ITEM 31.3 (706-02)
LOAN TO COMMUNITY FACILITIES DISTRICT 88-1
Staff report by Assistant City Manager Fitch. Parkway Business Center is
currently going through a Chapter 11 reorganization plan and have not paid their
special taxes for the debt service. In order to avoid drawing on the reserve
funds or have the bonds default the City loaned the funds for the February 8,
1993 debt service payment. Another payment is due August 8, 1993. Since the
City is in a secured position because of the nature of the special tax, and the
special taxes will be not paid by the property owners in time to make the debt
service payment, it is recommended that the City loan funds to the Community
Facilities District No. 88-1 through the sewer fund.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to authorize the
loan of $1,520,864 from the Sewer Fund (61-8950) to the Community Facilities
District No. 88-1 for payment of debt service due on August 8, 1993 and charge
the District the City's rate of return on its investment as interest charges
until the debt is repaid. Motion carried 4-0 with Councilmember Callery absent.
ADJOURNHENT
Mayor Higginson stated the meeting of August 10, 1993 is being cancelled and
ordered the meeting adjourned to 7:00 p.m. on August 17, 1993. Motion by
Councilmember Emery, seconded by Councilmember Cafagna and carried. The time of
adjournment was 10:40 p.m.
r~le~K. Wahls~en, City Clerk
City o!~way
4974
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 3, 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWA¥, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Snesko,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
TUESDAY, AUGUST 17, 1993, 7:00 P>M>
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:40 p.m.
Marjor~'ie~<. Wahlsten, City Clerk
City qf Pbway, California
August 4, 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 August 4, 1993
Marjorie ~. Wahlsten, City Clerk
City or.ay, California