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