CC 1993 08-17 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
AUGUST 17, 1993
The August 17, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Deputy Mayor Emery at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
John Fitch
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Mark Weston
Assistant City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Engineering Services
PLEDGE OF ALLEGIANCE
Councilmember Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Emery explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to adopt the
Consent Calendar as follows:
o
Approval of Minutes - City Council
July 27, 1993 Regular Meeting
August 3, 1993 Regular Meeting
Approval of Minutes - Redevelopment Agency
July 27, 1993 Regular Meeting
August 3, 1993 Regular Meeting
Ratification of Warrant Registers - July 21, 22, 28, 29, and 30, 1993.
(401-10)
8. Denial of claims for damages: A) Patricia Pavin; B) Wisniewski
family. (704-13)
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10.
11.
12.
13.
Adoption of Resolution No. 93-123 entitled, "A Resolution of the City
Council of the City of Poway, California, Determining that the Community
Road Widening and Drainage Improvements, (#5277) are of Benefit to the
Paguay Redevelopment Project." (806-01)
Adoption of Resolution No. 93-124 entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Poway Center
for Performing Arts - HVAC Project (#5521) is of Benefit to the Paguay
Redevelopment Project." (806-01)
Adoption of Resolution No. 93-125, entitled, "A Resolution of the City
Council of the City of Poway, California Determining that Poway Center for
Performing Arts - Access and Lighting Improvements Project (#5522) is of
Benefit to the Paguay Redevelopment Project." (806-01)
Adoption of Resolution No. 93-126. entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the
Reconstruction of City Hall buildings is of Benefit to the Paguay
Redevelopment Project." (806-01)
Adoption of Resolution No. 93-127 entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Community
Park Auditorium HVAC and Sound System Project (#5624) is of Benefit to the
Paguay Redevelopment Project." (806-01)
14.
Adoption of Resolution No. 93-128 entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Community
Park Bocce Ball Court Project (#5626) is of Benefit to the Paguay
Redevelopment Project." (1401-01)
15. Acceptance of Dissipator Structure and Release of Securities, Parkway
Business Centre, Unit 2, Community Facilities District 88-1(602-01,#896)
Motion carried 4-0 with Mayor Higginson absent.
ITEM 4 (602-01, #9)
AMENDMENT TO PERS CONTRACT
TWO PERCENT AT 55
Deputy Mayor Emery opened the public hearing. Staff report by Assistant City
Manager Fitch. The 1993-94 meet and confer process with the Non-Safety
employees, and the Salary and Benefits Plan for the Management, Supervisory,
Professional and Confidential Employees Group provide for a retirement plan
amendment to provide two percent at 55 full formula. The first step in amending
the contract is adoption of a Resolution of Intention. Staff recommends
approval.
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Motion by Councilmember Snesko, seconded by Councilmember Cafagna to adopt
Resolution No. 93-129, entitled, "A 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," and continue the
public hearing to September 7, 1993 for adoption of the Ordinance. Motion
carried 4-0 with Mayor Higginson absent.
CITY ATTORNEY ITEMS
17A. City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a), pending litigation, City of Poway v. Parkway Business Center.
17B.
City Attorney Eckis stated that Supervisor Slater, Chairperson of the
Waste Water Management District (SanDistrict) has suggested that he and
Roger Krauel, City Attorney for Coronado, Del Mar and Encinitas, attend
the SanDistrict meetings to give a perspective on the process different
from County Counsel's. They have agreed, with the understanding that they
only represent their city clients and have no attorney-client relationship
to the Commission. He and Mr. Krauel will share the duty and each client
city will need to concur with their attendance and agree to share the
cost. Following brief discussion, Council concurred with his attendance
and paying a share of that cost. At the time the commission begins to
draft the agreement if they provide assistance it should be paid for by
the Commission.
17C.
City Attorney Eckis requested the City Council add an item to the agenda
since the need to take action has arisen within the past 72 hours. On
Monday, we learned of a lawsuit, Smith v. City of Poway and Poway
Redevelopment Agency challenging the Redevelopment Plan Amendment. There
is an ex parte hearing scheduled tomorrow. Motion by Councilmember
Snesko, seconded by Councilmember Callery to add closed session pursuant
to Government Code §54956.9(a), pending litigation, to the agenda. Motion
carried 4-0 with Mayor Higginson absent.
MAYOR
22.
AND CITY COUNCIL-INITIATED ITEMS
Councilmember Snesko reported on his appearance before the San Diego City
Council last week regarding the weighted vote issue for the Waste Water
Management District (SanDistrict). Lemon Grove Mayor Brian Cochran
followed him and stated that the majority of the SanDistrict's board was
not in favor of the amended weighted vote. The Board is meeting tomorrow
and will discuss this.
CLOSED SESSION
Deputy Mayor Emery called for a closed session at 7:15 p.m. as requested by the
City Attorney.
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CALL TO ORDER AND ADJOURNHENT
Deputy Mayor Emery called the meeting back to order at 7:45 p.m. and stated the
Council has given direction to the City Attorney during closed session. He
adjourned the meeting at 7:45 p.m. on motion by Councilmember Cafagna, seconded
by Councilmember Snesko. He noted that the next City Council meeting will be
held on August 31, 1993. The August 24, 1993 meeting is canceled.
Marjo~ie~K. Wahlsten, City Clerk
C i ty o,~_~way
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