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CC 1993 11-30 POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 30, 1993 The November 30, 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 MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Jim Marmack David Narevsky Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Redevelopment Manager Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATION Linda Brannon, the City's representative to the San Diego County Water Authority and former Councilmember, presented information regarding the Metropolitan Water District's (MWD) planned restructuring of their water rates. They propose to remove the standby charge from the tax roll which was originally designed to fund their capital improvement projects. It will not raise enough revenue and they plan a variety of charges to give them a stable revenue stream, including a ready to serve charge and a treated water peaking charge. It will increase water rates by an undetermined amount and the various agencies are still negotiating changes to their proposed program. Randy Williams, Director of Public Services, is meeting with other general managers. Council requested they be kept informed of the status of this issue and will hold a workshop with the County Water Authority in March, 1994. 5058 Page 2 - CITY OF POWAY - November 30, 1993 PUBLIC ORAL COHHUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Kenneth Green, 15993-9 Avenida Villaha, San Diego, expressed opposition to San Diego Gas & Electric's proposed 36" gas pipeline. CONSENT CALENDAR Motion by Councilmember Cafagna, seconded by Councilmember Snesko to approve the Consent Calendar as follows: 13. Approval of Minutes - City Council November 2, 1993, Regular Meeting November 4, 1993, Adjourned Regular Meeting November 9, 1993, Regular Meeting 15. Ratification of Warrant Registers: November 4, 10, 1993 (401-10) 16. Denial of claims for damages: A) Cox Cable; B) Tony Sharamitaro (704-13) 17. Approval of City's Investment Report: October 31, 1993. (4o8-o1) 19. Adoption of Resolution No. 93-164 entitled, "A Resolution of the City Council of the City of Poway, California Establishing a Yield Sign on Valle Verde Road at Old Winery Road." 20. Adoption of Resolution No. P-93-59, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 93-82," Poway Chamber of Commerce applicant for an annual Holiday Street Fair on Sunday December 5, 1993, on Midland Road between Adrian and Edgemoor Streets. (203-07) 21. Adoption of Resolution No. P-93-60, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 93-04, Assessor's Parcel Number 323-180-06," Lea Burrell, applicant; a request to keep a large collection of tropical birds at 14121 Melodie Lane. (Confirming action taken November 16, 1993, Item 5.) (203-24) 22. Adoption of Resolution No. 93-165, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the New Poway Library Facility is of Benefit to the Paguay Redevelopment Project," Western Lumber site, southwest corner of Bowron Road and Poway Road. (1002-01R) Motion carried unanimously except on Item 21 with Councilmember Emery and Page 3 - CITY OF POWAY - November 30, 1993 Councilmember Callery voting "no." ITEM § (203-08) CONDITIONAL USE PERMIT 93-04 APPLICANT: TONY SALMERI Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate a gymnastics school in an existing building at 12925 Brookprinter Place, Suite D, within the Pomerado Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-93-61, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 93-04, Assessor's Parcel Number 317-224-22." Motion carried unanimously. ITEM 6 (704-10) DECLARING TTM 86-01 LOTS TO BE NUISANCE HUNTINGTON GATE SUBDIVISION Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is apublic hearing to determine whether the conditions that have persisted on and around Tentative Tract Map 86-01 (Huntington Gate) are a nuisance and whether to order the abatement and place liens on certain lots. In January, 1990, the City notified the developer that inadequate provisions were in place for control of silt runoff from the area being graded. In 1991, the Resolution Trust Corporation seized the holder of the developer's construction guarantees and the construction lender. As a result there is no protection afforded by the traditional improvement securities. The city cleaned up the worst damage and the cost has accumulated as debts against the developer's deposit account. The residents of Budwin Lane, hardest hit by erosion damage, have agreed to pave the road and the city has agreed to assist them through a loan program. It is necessary to complete the drainage improvements along the western boundary of Huntington Gate in order to prevent additional erosion and to ensure that the roadway can be successfully paved and maintained. Staff recommends that a public nuisance be declared and that staff be directed to proceed with improvements. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 93-166, entitled, "A Resolution of the City Council of the City of Poway, California, Finding and Declaring Certain Parcels of Poway Tract 86-01, Units #1 and #2 a Public Nuisance, Ordering the Completion of Necessary Work and the Recovery of Various Expenses Directly 5060 Page 4 - CITY OF POWAY - November 30, 1993 Associated with that Nuisance. (APN's 321-410-01 through -27, and -34 through -38)"; direct staff to immediately proceed with the recommended improvements and charge the cost to the remaining lots in Unit #2. Motion carried unanimously. ITEM 7 (1130-01) LAW ENFORCEMENT VOLUNTEER PROGRAM Staff report by City Manager Bowersox. At the October 26, 1993 City Council meeting, Deputy Mayor Emery requested a report on senior volunteer programs that are in place in the cities of Encinitas, Lemon Grove and Santee. Those programs are very successful and the Senior Volunteer Patrol Force assumes many duties that frees up regular deputies and community services officers. Start up costs for 25 volunteers will be approximately $8,000. Staff recommends approval. Director of Safety Services Sanchez stated that Pat DePinto, owner of Galileo's Restaurant, has offered to donate space for the volunteers to use as an office. Motion by Councilmember Emery, seconded by Councilmember Snesko to approve the implementation of a Volunteer Patrol Program and requested staff do widespread publicity in order to recruit volunteers. Motion carried unanimously. ITEM 8 (1150-01) ANIMAL CONTROL PENALTIES Staff report by City Manager Bowersox. At the October 26, 1993 City Council meeting, Councilmember Emery mentioned two incidents involving dog attacks at the FFA facility at Lake Poway. Staff has presented information regarding the penalty structure and enforcement provisions. Councilmember Callery suggested that City staff tell any resident that calls in to report an incident that they also need to report the incident directly to the County Animal Control Department. Staff will also prepare an article for Poway Today. Motion by Councilmember Emery, seconded by Councilmember Callery to authorize the staff to notify the County Department of Animal Control that unless there are extenuating circumstances, animal control violations at Lake Poway are to be prosecuted to the fullest extent possible especially when a dog bites an individual or attacks livestock. Motion carried unanimously. ITEM 9 (1507-13) RESIDENTIAL FIRE SPRINKLERS Staff report by City Manager Bowersox. At the October 26, 1993 City Council meeting, Deputy Mayor Bob Emery asked staff to prepare a report on the criteria for requiring sprinkler systems for new home construction. The City has a Fire 5061 Page 5 - CITY OF POWAY - November 30, 1993 Apparatus Access Road Policy that states the conditions under which residential fire sprinklers are required. They are not required if there is sufficient fire apparatus access to the structure. Council concurred to receive and file the report. ITEM 10 (1180-03) CITIZEN INQUIRY RESPONSE Staff report by City Manager Bowersox. On November 2, 1993, Mrs. Peggy Shea appeared under Public Oral communications and expressed dissatisfaction that residents of City-owned mobile home parks do not directly pay assessments to the Lighting District and asked questions regarding the increase in salaries charged to the assessment district. Staff had met with her previously to explain that the collection of possessory interest assessments for the Lighting District is accomplished through the rent paid by residents. Additionally, staff labor associated with maintenance and administration of the traffic signals and flashing beacons was paid from the General Fund. These expenses are now being charged to the Lighting District. Council concurred to receive and file the report. ITEM 11 (1404-03) CONTRACT RECREATION INSTRUCTORS Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. At the November 2, 1993 City Council meeting, several of the City's contract recreation instructors voiced their concerns about the revenue split with the City and other operational issues. Staff has met with many of the instructors and recommends the adoption of Contract Instructor Policies and Procedures which establishes a fee split of 40% City/60% instructor with a minimum $15 per hour to the instructor; assigns a Recreation Coordinator full- time to interact with the instructors; and establishes a $5 non-resident class fee which will be credited to the city. Other issues of concern to the instructors includes requirement for instructors to obtain their own insurance for high risk activities. Councilmember Snesko asked about former students being allowed to sign up first for classes that were a continuation. Director of Community Services Thomas said this could be done. In response to Council query, he clarified that there is no additional cost to assigning a recreation coordinator to administer the program. As a result of the Hughes, Heiss study the recreation coordinator duties are being reorganized and this is part of that reorganization. Speaking in opposition to staff recommendation: Marlys West, 12813 Selma Court, thanked the Council and staff for working 5062 Page 6 - CITY OF POWA¥ - November 30, 1993 with the instructors to resolve concerns. The major remaining issue is insurance because it is very difficult to obtain and is very costly. She stated they should be covered by the City as they were when they were considered part-time employees, prior to 1991. Robert Burkhardt, 12843 Papago Drive, dog obedience instructor, stated he cannot find insurance. He does not use any facilities such as lights, water, etc. and feels the 60%-40% split is not equitable. He thanked Council for establishing the scholarship program. Following discussion, motion by Councilmember Emery, seconded by Councilmember Callery to approve the Contract Instructor Policies and Procedures with #3 amended to state a minimum of $15 per hour, and instructing staff to investigate the insurance question and report back to the Council. Motion carried unanimously. Council requested staff make it very clear to all the instructors that they are not currently covered by the City's insurance. City Attorney Eckis noted that if the Council determines it is appropriate for the City to indemnifythe instructors, staff can pursue various things including determining if the Joint Powers Insurance Authority will cover them; pursuing a group policy with the City and all instructors; or indemnify them under our general policy'and absorb any costs as a general fund expense. Staff will survey other cities ~o determine how they handle this. ITEM 12 (208-03) AFFORDABLE HOUSING REHABILITATION PROGRAM Staff report by City Manager Bowersox. Councilmember Callery had asked several questions about the program which has prompted some revisions to the program document to clarify the intent of the Rules and Regulations. Those revisions have been distributed. The Affordable Housing Rehabilitation Program is one component of the Comprehensive Affordable Housing Strategy which was approved by the City Council on June 15, 1993. The Redevelopment and Housing Advisory Committee has reviewed the Program and recommends approval. The Program will utilize low and moderate income housing funds to assist income-qualified homeowners in rehabilitating or refurbishing their homes. It will offer zero- interest loans of up to $10,000 for certain types of improvements. The loan balance will be reduced at a rate of ten percent for each year of residency. At the end of ten years the loan will be fully forgiven. The staffing for the program will be provided through consultant services. Council questioned how the payments would be made, whether or not persons should be allowed to make a profit on a sale without requiring repayment of the loan, and whether or not homeowners' insurance naming the city as insured can be required for the amount of the loan. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to adopt Resolution No. 93-167, entitled, "A Resolution of the City Council of the City 5063 Page 7 - CITY OF POWAY - November 30, 1993 of Poway Approving the Affordable Housing Rehabilitation Program," with revisions to the Rules & Regulations presented by staff, addition of requirement for homeowners' insurance and request for staff to prepare a one-year status report on the program. Motion carried 4-1 with Councilmember Snesko voting "no." RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:00 p.m. and called it back to order at 9:15 p.m. with all Councilmembers present. CITY ATTORNEY ITEMS 24A. City Attorney Eckis requested the City Council hold a closed session pursuant to Government Code §54956.9{b}(1} to discuss threatened litigation. Motion by Councilmember Emery, seconded by Councilmember Callery to find that based on facts known to the Attorney and not required to made public, litigation is threatened and authorize holding a closed session. Motion carried unanimously. 24B. City Attorney Eckis requested the City Council hold a closed session pursuant to Government Code §54956.9(a}, pending litigation, City of Carlsbad et al vs. County of San Diego regarding booking fees. MAYOR AND CITY COUNCIL-INITIATED ITEMS 26A. Councilmember Callery stated we need to adopt a policy for expenditure of the library endowment fund, what it's to be used for and who makes the decision on spending. Also, we need to decide how to recognize large donations. Susan Sheldon, Friends of the Library, 13411Starridge Street, stated the Library Advisory Committee had approved a proposed policy some time ago and suggested it be brought to the Council. She also suggested some fund raising efforts similar to the City of San Diego's such at a matching book fund and gift-a-book program. Council concurred to request staff bring forward a policy. 26B. Councilmember Callery suggested the City Council request the San Diego Division of the League support pending state legislation regarding immigration issues which was discussed by Assemblyman Goldsmith at the November 12, 1993 workshop. Council concurred to request AB 2402 ad AB 86 be supported by the League. 27A. Councilmember Emery stated he understands San Diego Gas & Electric is upgrading their electrical transmission system which includes a 69 KV line that will go somewhere through Poway. City Manager Bowersox stated a citizen advisory committee is meeting with SDG&E to discuss alignments. Councilmember Emery requested the Council see the recommended alignment 5064 Page 8 - CITY OF POWAY - November 30, 1993 before a decision is made. 27B. Councilmember Emery asked if cable television service could be provided to Lake Poway. Director of Community Services Thomas stated that the City gets one mile of cable credit from Cox each year to use for service to public facilities. It is 3,300 feet from the service in Espola Road up Lake Poway Road. Council concurred to some of our mileage credit to provide this service. 28A. Mayor Higginson stated the Solid Waste Interim Commission is still discussing objectives for a permanent solid waste governance entity. The cities realize that the County needs to issue bonds and needs our trash flow commitment in order to do that. City Attorney Eckis stated that the threshold issue is what is the effect on the cities if the County is placed in financial jeopardy because of cities withdrawing from the system and going their separate ways. Does trash require a regional solution? Following discussion, Council concurred to pledge to support an efficient operation by the County and continue to study what type of final form a Solid Waste Governing Body should take. CLOSED SESSION Mayor Higginson called for a closed session at 10:10 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 11:10 p.m. and announced that the City Council had instructed the City Attorney during closed session. He adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Callery. MarjoEie~K. Wahlsten, City Clerk City ~._~way 5065