CC 1993 12-14 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR HEETING
DECEHBER 14, 1993
The December 14, 1993, regular meeting of the City Council of the City of
Poway, was called to order at 7:04 p.m., by Mayor Hig§inson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS 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
Steve Streeter
Jim Marmack
David Narevsky
Jim Bentz
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
Principal Planner
Sheriff's Captain
Redevelopment Manager
Community Services Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
SELECTION OF DEPUTY MAYOR
Mayor Higginson thanked Councilmember Emery for the job he had done as Deputy
Mayor this past year. Motion byCouncilmemberCafagna, seconded byCouncilmember
Callery to nominate Councilmember Emery as Deputy Mayor. Motion carried
unanimously.
PRESENTATION TO COMMITTEE MEMBERS
Mayor Higginson presented plaques of appreciation to Randy Wilkins, Neville
Bothwell, Bill Hickey and Betty Rexford, members of the Transportation Advisory
Committee.
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PUBLIC ORAL COHHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Kathiann House, 14321 York Avenue, stated she is a city employee scheduled
for layoff and wants to be able to receive unemployment benefits in
addition to severance pay. Mayor Higginson referred her request to the
City Manager for appropriate action.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
12.
Approval of Minutes - City Council
November 12, 1993, Adjourned Regular Meeting
November 16, 1993, Regular Meeting
14. Approval of Amended Minutes - City Council: (701-10)
September 14, 1993, Regular Meeting
16. Ratification of Warrant Registers - November 18, 23, 1993
(401-10)
17. Denial of claim for damages: Mary Ann Ross
(704-13)
18. Authorization to post the Local Appointments List for 1994. (701-09)
19.
Appropriation of $50 for a $100 U.S. Savings Bond for the first baby born
at Pomerado Hospital to a Poway resident in 1994. (401-13)
20.
Approving the two-year appointment of Alyze Dreiling-Rozsnyai to the
Performing Arts Advisory Committee as a representative of the San Diego
County Performing Arts Community. {701-09)
21.
Approval of a one-year extension of the banking services contract between
the City of Poway and San Diego Trust & Savings Bank to December 31,
1994. (602-01, #637)
22.
Annual review of Development Agreement with CF Poway, Ltd. finding good
faith compliance with the terms of the agreement entered into on December
30, 1985. (602-01, #400)
23.
Annual review of Development Agreement with Tech Business Center, finding
good faith compliance with the terms of the agreement entered into on
November 27, 1990. (602-01, #835)
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Page 3 - CITY OF POWAY - December 14, 1993
24.
25.
26.
27.
28.
29.
30.
31.
33.
34.
34.1
Annual review of Development Agreement with McMillin Equity Partners II,
finding good faith compliance with the terms of the agreement entered into
on May 14, 1991. (602-01, #874)
Annual review of Development Agreement with Parkway Business Centre
Partners, finding good faith compliance with the terms of the agreement
entered into on December 5, 1988. (602-01, #626)
Annual review of Development Agreement with Poway Corporate Center,
finding good faith compliance with the terms of the agreement entered into
on November 27, 1990. (602-01, #836)
Annual review of Development Agreement with Environmental Development,
finding good faith compliance with the terms of the agreement entered into
on November 20, 1990. (602-01, #830)
Adoption of Resolution No. 93-168, entitled, "A Resolution of the City
Council of the City of Poway, Affirming that Planning and General
Administrative Costs Incurred were Necessary to Increase, Improve and
Preserve the Supply of Affordable Housing Available Within the City of
Poway." (401-22R)
Award of bid for Poway Center for Performing Arts Mechanical Revisions to
First Mechanical, Inc. in the amount of $45,225.(5521) (602-01, #207R)
Approval of City's Investment Report - November 30, 1993
(408-01)
Determination that 1991 Certificates of Participation Remaining Proceeds
are Committed to Certain Infrastructure Improvements at Poway Royal
Estates, including street resurfacing, water and sewer improvements, and
street light replacement. {405-01R)
Award of bid for City Hall remodeling to Buck Electric in the amount of
$36,395, approve the transfer of $22,400 from Project No. 34-5508 and
$27,000 from Fund 37 into the City Hall Remodel Project (5523), and waive
the irregularity of not attaching an addendum to the bid which was
submitted. (602-02, #210R)
Award of bid for ambulance to Leader Industries, Inc.
$97,962.67, and authorization to expend $8,000
telecommunications to be installed upon delivery.
in the amount of
for radio and
(601-03)
Concurrence with an amendment to the 1993-94 Redevelopment Agency Budget,
appropriating $75,000 from Fund 39 to the Poway High School Baseball Field
Improvement Project (5623) to complete Phase II of the field
improvements. (401-13R)
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Page 4 - CITY OF POWAY - December 14, 1993
34.2
Adoption of Resolution No. 93-169, entitled "A Resolution of the City
Council of the City of Poway, California, Amending the Memorandum of
Understanding between the City and the Poway Firefighters Association
Representing the Safety Employees," ending June 30, 1995. (901-02)
Motion carried unanimously.
ITEM 6 (203-01)
TENTATIVE TRACT MAP 91-03TE
APPLICANT: DIROMA, INC.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a one year time extension of a previously
approved subdivision of 1.51 acres into five lots at 14469 Midland Road. As a
result of Senate Bill 428, approval of the amended Negative Declaration will
extend the map to June 18, 1996. Staff recommends approval.
Speaking in opposition to staff recommendation:
Brian Shepherd, 13626 Outlook Road. Mr. Shepherd stated someone is living
in a shed on this property. He also requested that the traffic from the
living unit on the property be required to use Midland Road as their
access rather than Outlook Road.
Speaking in favor of staff recommendation:
Robert Lamagno, 17772 Corte Subrano, property owner. Mr. Lamagno stated
there is an ingress/egress easement for this property on Outlook Road.
He will look into the allegation of people living in the storage shed.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, adopt a Negative Declaration with Mitigation Measures which
incorporates the recently discovered environmental information and adopt Planning
Resolution No. P-93-62, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Tentative Tract Map 91-03TE, Assessor's Parcel
Number 314-192-88." Motion carried unanimously.
ITEM 7 (401-22)
PARKLAND DEDICATION FEES FOR 1994
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City Council annually determines fees to be collected for the
development of park and recreation facilities in-lieu of dedication of parkland
according to a formula set forth in the Municipal Code. The proposed fee for
1994 is an increase of $10.
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Councilmember Snesko stated it was a insignificant increase and should just be
left as it is.
Motion by Councilmember Callery, seconded by Councilmember Emery, to close the
public hearing and adopt Resolution No. 93-170 entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing In-Lieu Fees for
Parkland Dedication Calendar Year 1994." Motion carried 4-1 with Councilmember
Snesko voting "no."
ITEM 8A (1401-01)
SWIM CENTER NEEDS ASSESSMENT
ITEM 8B (1401-01)
SWIM CENTER POLICIES
Items introduced byCityManager Bowersox. Staff report by Director of Community
Services Thomas. The Sports Subcommittee prepared a Swim Center Needs Assessment
Report which has been approved by the Parks & Recreation Committee. The
principal recommendation is that a Friends of the Poway Pool organization be
formed as a support group for fund-raising, promotion and assisting in pool
activities. Additionally, on October 26 and November 2, 1993, several
individuals spoke concerning policies and procedures at the Swim Center,
particularly use of the pool by the general public and the swim clubs. A
subcommittee of Councilmember Callery, Councilmember Cafagna, United Poway Swim
Team representatives and staff have met to discuss the issues and recommends the
city issue a Request for Proposal to form a city-sponsored swim team that would
receive priority use of available non-public swim time.
Speaking in opposition to staff recommendation:
Linda Oravec, 13874 Midland Road, stated she was serving on the City
Council when the pool was approved and the primary use was to be for Poway
residents and their families. It was the Council's clear policy at the time that
any city subsidy was to benefit residents and she urged that the pool be given
back to the community.
Ed Walton, 15648 Boulder Ridge Lane, stated he is the father of a swimmer
with the Blue Fins which doesn't qualify as a resident team because the thirty
Poway residents on the team only comprise 29% of the team although in pure
numbers they have the most Poway swimmers of any of the swim teams. He expressed
concern over not being allowed to use the pool.
Jeff Ukrainetz, 1222 Bartley Place, Escondido, stated he is the coach of
the Rancho Bernardo High School swim team and requested they be allowed to
continue to practice at the Poway pool. He offered to pay 100% cost recovery and
stated they have no other place to practice.
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Page 6 - CITY OF POWAY - December 14, 1993
Mayor Higginson asked if all the swim teams participated in the subcommittee
meetings. Director Thomas stated only the United Poway Swim Team was
represented.
Councilmember Cafagna stated that the object is to prioritize the use of the
pool, not shut out any of the groups.
Councilmember Emery stated he was not comfortable with the aura of monopoly a
city-sponsored swim team would generate.
Following discussion, motion by Mayor Higginson to approve the Swim Center Needs
Assessment Report. Motion seconded by Councilmember Cafagna and carried
unanimously. The Council referred the idea of a city-sponsored swim team back
to staff and concurred with the other responses to citizens' concerns listed in
the report except increasing the number of subsidized private hours.
ITEM 9 (203-14)
DEVELOPMENT REVIEW 93-05
APPLICANT: CENTEX HOMES
Staff report by City Manager Bowersox. This is a request to renew an expired
development review approval for Poway Estates to construct single family homes
on 46 of 67 remaining lots located north and west of the intersection of Oak
Knoll Drive and Poway Road. Staff recommends approval with three amendments to
conditions.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Planning Resolution No. P-93-63, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Development Review 93-05, Assessor's
Parcel Number 316-120-32 & 33; 317-153-16; 317-521-01 & 05." Motion carried
unanimously.
ITEM 10 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
RANCHO BERNARDO HIGH SCHOOL BAND
Staff report by City Manager Bowersox. The Rancho Bernardo High School Music
Boosters have requested financial support for its Royal Regiment Marching Band
to participate in the Tournament of Roses Parade. Based upon the criteria in the
Community Contributions Policy, they are eligible and staff recommends a $500
contribution.
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Page 7 - CITY OF POWAY - December 14, I993
There was no one present from the Band Boosters to accept the contribution.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to continue
this item until a representative can be present to accept the check. Motion
carried unanimously.
ITEM 11 (701-09)
REVISED CHARTER
BUDGET REVIEW COMMITTEE
Staff report by City Manager Bowersox. On November 16, the City Council directed
staff to revise the charter for the Budget Review Committee to return it to its
original format of being appointed each spring as an ad hoc committee to review
the draft budget prior to its presentation to the City Council. This revision
was recommended by the Hughes, Heiss report and staff has prepared the revised
charter.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt the
revised Charter for the Budget Review Committee and schedule appointments in
early April, 1994. Motion carried unanimously.
ITEM 11.1 (1202-04)
36-INCH NATURAL GAS TRANSMISSION
PIPELINE WITHIN POMERADO ROAD
Staff report by City Manager Bowersox. In early 1993, SDG&E announced that it
was considering the extension of a 36-inch natural gas transmission pipeline from
Rainbow in northern San Diego County to the Mexican border, with an alignment
through Poway. Several informational meetings were held, culminating with a
Council workshop on November 4, 1993. At those meeting, many citizens expressed
grave concerns regarding the safety of a large diameter natural gas pipeline. In
order for the City Engineer to issue a right-of-way permit for the construction
the Council has requested an adequate showing of safety on the part of SDG&E.
Sixty-five percent of all accidents involving gas mains are construction type
accidents. The City has requested SDG&E use Class 4 pipe and add additional
marking. SDG&E has stated they will not do this. Staff's recommendation is for
the Council to find either: 1) that the safety concerns have not been addressed
satisfactorily and the right-of-way permit should not be issued; or 2) the safety
issues have been addressed and the right-of-way permit should be issued.
City Attorney Eckis stated in his opinion purely transmission lines are not
covered under the franchise agreement between the City and SDG&E. SDG&E
disagrees.
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Page 8 - CITY OF POWAY - December 14, 1993
Speaking in favor of the transmission line:
Stanley Keniston, 1430 Union St., San Diego, Vice Chair of the Citizens
for Clean Air Policy
Speaking in opposition to the transmission line:
Don McKelvey, 13857 York Avenue
Bill Hickey, 13204 Ridgedale Dri
Betty Rexford, 11570 Creek Road
Larry Cruse, 13734 Utopia
Mike Fry, 12819 Selma Court
Bill Rickles, 13725 Utopia Road
Marlys West, 12813 Selma Court
Jim Shea, 12423 Paseo Colina
Robert Good, 12730 Soule Street
ve
Carol Dorman, San Diego Gas & Electric's Governmental Representative, stated they
would not be proposing this project if it was not safe. They object to not being
issued a right-of-way permit which is a ministerial act, not a discretionary
action of the City Council.
Councilmember Emery agreed that San Diego Gas & Electric has gone to great
lengths to educate the public and the Council about the pipeline but it has not
allayed the fears of his constituents and when large numbers continue to be
concerned he must listen to them.
Councilmember Snesko stated that SDG&E does not relate to the uniqueness of Poway
in that Pomerado Road runs in a valley and residents are on both sides with no
way out if there was an accident. He feels the city should insist on Class 4
pipe, automatic shut offs and a plastic coated metal plate above the pipeline to
protect it from damage resulting from future construction activities in Pomerado
Road.
Mayor Higginson stated that the citizens' concerns are health and safety issues
and even though he personally feels a 36" line is safe he has to be aware of a
sincere citizen concern over potential future accidental damage. He agrees with
the City Attorney that the franchise does not cover transmission lines and
therefore the city has the right to deny a right-of-way permit.
Councilmember Callery stated she agrees with the comments made by the other
Councilmembers and can't make a determination that accidental damage cannnot be
prevented.
Councilmember Cafagna stated he feels a 36" line in a major street is safer than
a smaller diameter line. In his research he found that most of the accidents are
caused by someone digging and hitting a small line, close to the surface,
sometimes plastic, not in major streets.
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Page 9 - CITY OF POWAY - December 14, 1993
Motion by Councilmember Snesko, seconded by Councilmember Callery to find there
is an inadequate showing of safety as identified in the staff report. Motion
carried 4-1 with Councilmember Cafagna voting "no."
CITY MANAGER ITEMS
35.
City Manager Bowersox announced that the Finance Division has received two
awards recently. The first, which we have received every year, is the
"Certificate of Achievement for Excellence in Financial Reporting" given
by the Government Finance Officers Association, and the second, which we
are receiving for the first time, is the "Certificate of Excellence Award"
given by the Municipal Treasurers Association. The Council joined in
congratulating Peggy Stewart, Director of Administrative Services.
CITY ATTORNEY ITEMS
36A.
City Attorney Eckis requested a closed session be held pursuant to
Government Code §54956.9(a), pending litigation, Smith v. all persons
{Case No. 667691).
368.
City Attorney Eckis reported on the recent Solid Waste Interim Commission
workshop and their discussion of governance issues. When balancing the
issue of increased liability exposure against the benefit of increased
authority, approximately two-thirds of the members want the authority, not
just an advisory role. Mayor Higginson requested that this item be
scheduled for discussion on January 4, 1994.
36C.
City Attorney Eckis stated he is aware of facts that need not be disclosed
publicly and requested that the City Council find that the need exists for
a closed session based on his representation. Motion by Mayor Higginson,
seconded by Councilmember Callery to hold a closed session Pursuant to
Government Code §54956.9{c), whether or not to initiate litigation, based
on the City Attorney's representation that facts exist requiring such a
closed session. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
37.
Councilmember Cafagna stated the Chamber of Commerce has requested that
the City increase the Transient Occupancy Tax (TOT) from its current 6% in
order to have funds available for business promotion outside the
community. A 2% increase would generate approximately $10,000. Most
cities in the county currently have an 8% or 10% TOT.
Jerry Long, 12237 Old Pomerado Road, representing the Chamber of Commerce,
stated Poway's TOT is the lowest in North County. He requested staff meet
with the Chamber to prepare a report for the Council regarding a proposed
budget and how the funds would be administered. Council concurred.
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Page 10 - CITY OF POWAY - December 14, 1993
39A.
Councilmember Emery stated he had read an article in the Union-Tribune
about a first-time homebuyers program in National City using low and
moderate-income funds and asked if we have considered such a program.
Assistant City Manager Fitch stated the Redevelopment and Housing Advisory
Committee is very supportive of this type of program, however there is no
bond money available currently to start such a program. We should be
selling more bonds in two to three years and the Committee will be
considering various programs at that time.
39B.
Councilmember Emery stated he understands the City of San Diego recently
adopted new smoking restrictions and he thinks the same ordinance should
be in effect county-wide. Mayor Higginson stated SANDAG is working on
such an ordinance. City Attorney Eckis stated the San Diego City Council
approved certain changes be drafted into an ordinance, but the wording is
not available yet. (701-04)
3gC.
Councilmember Emery stated the City Council needs to adopt a policy
regarding cancellation of City Council meetings. He suggested a calendar
be established for the year with meetings cancelled for holidays and
conferences and any other meetings proposed to be cancelled by staff would
be discussed by the Council at a prior meeting. Council concurred and
directed staff to prepare a calendar for 1994 for Council adoption.
40A.
Mayor Higginson requested and received concurrence from the City Council
for staff to propose some type of donation to a Bill Raney memorial fund.
Mr. Raney was the manager of the Poway Wal-Mart that was killed recently
in the Wal-Mart parking lot.
41A.
Councilmember Snesko stated he had a request from Jerry Long, owner of the
Big Stone Lodge, for the city to help fund server training regarding
alcohol. Mr. Long stated he has met with bar and restaurant owners in
Poway and they support such training for their serving people. Council
requested staff bring back a written proposal for consideration.
CLOSED SESSION
Mayor Higginson called for closed sessions as requested by the City Attorney at
10:05 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called that meeting back to order at 10:38 p.m. with all
Councilmembers present and stated they had instructed the City Attorney during
closed session. Upon motion by Councilmember Snesko, seconded by Councilmember
Emery, Mayor Higginson ordered the meeting adjourned to 5:30 p.m., Thursday,
December 16, 1993 in the City Council Chambers, 13325 Civic Center Drive, Poway,
California. The time of adjournment was 10:40 p.m.
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Page 11 - CITY OF POWAY - December 14, 1993
Mayor Higginson noted that a special meeting will be held at 4:30 p.m. on
December 16, 1993 to discuss pending and proposed housing legislation.
Marjorie'K. Wanms~en, bi~y ~erk
City of PQway
5076
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE DECEMBER 14 1993, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Snesko,
seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to
4:30 p.m., Thursday, December 16, 1993
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:40 p.m.
arjori~ ~. Wahlsten, City Clerk
City of P~_o~aY, California
December 15, 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 at approximately
10:00 a.m.
Dated at Poway, California, on December 15, 1993
Marjo~ie~K. Wahlsten, City Clerk
City okf,~way, California