CC 1994 02-01 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 1, 1994
The February 1, 1994, 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.
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
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Jim Marmack
David Narevsky
Patrick Foley
Director of
Director of
Director of
Director of
Director of
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Community Services
Engineering Services
Public Services
Redevelopment Services
Safety Services
Assistant Director of Planning Services
Sheriff's Captain
Redevelopment Manager
Principal Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Higginson presented Certificates to the second graduating class of City of
Poway Reserve Rangers. These volunteers patrol City parks, provide Performing
Arts Center security and give assistance at special events. There are currently
26 Reserve Rangers with a goal of 50 by the end of 1994.
Mayor Higginson and City Manager Bowersox presented Employee Service Awards to
John Wahlsten, Meter/Backflow Prevention Mechanic, 30 years; Rita Berglund,
Customer Services Manager, and Joyce Posey, Personnel Manager, 20 years; Jim
Lyon, Assistant Planner, 15 years; Brad Kutzner, Senior Civil Engineer, and
Kelley Clark, Recreation Program Coordinator, 10 years.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
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Bill Rickles, 13725 Utopia Road, spoke against concentrating affordable
housing in South Poway; and Ordinance 423 which increased density in the
RS-7 zone; Ordinance 424, establishing inclusionary housing requirements;
and Ordinance 426 which allows mixed use development in commercial zones.
Sylvia Nicpon, 13325 Buena Vista, asked questions about various City
funds. She stated she will submit her questions in writing in accordance
with the Public Records Act.
Richard Freund, 13833 Adrian Street, asked about the effect of the Parkway
Partners bankruptcy on the extension of the Scripps Poway Parkway to the
east.
Robert Good, 12730 Soule Street, spoke regarding the impact of the recent
Los Angeles earthquakes on gas pipe lines and again expressed opposition
to the proposed 36" pipeline in Pomerado Road.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
11. Approval of Minutes - City Council
January 4, 1994, Regular Meeting
13. Ratification of Warrant Register - January 13, 1994
(401-10)
14.
Adoption of Resolution No. 94-009, entitled, "A Resolution of the City
Council of the City of Poway, California, Amending Investment Policy for
Public Funds and Rescinding Resolution No. 92-110." (102-05)
15.
Adoption of Resolution No. 94-010, entitled, "A Resolution of the City
Council of the City of Poway, California, Authorizing the City Department
Head to Destroy City Records After the Same are no Longer Required."
(304-03)
16.
Acceptance of landscape improvements within LMD 86-3B, Tentative Tract Map
90-05, Creekside Plaza medians, Poway Creekside Partners, applicant;
located on the southeast corner of Poway and Community Roads, extending to
Midland Road. (601-02, #965)
Motion carried unanimously.
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ITEM 5 (203-02)
TENTATIVE PARCEL MAP 93-06
APPLICANT: DONNA LIEBRICH
Staff report by City Manager Bowersox. The applicant's engineer has requested
another continuance on this item. Staff recommends continuance to February 15,
1994.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue
consideration of Tentative Parcel Map 93-06 to February 15, 1994. Motion carried
unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 431/FIRST READING
ADDING 2% TRANSIENT OCCUPANCY TAX
Mayor Higginson opened the public hearing and read the title of Ordinance No.
431, "An Ordinance of the City of Poway, California, Adding Section 3.16.031 to
the Poway Municipal Code Regarding Transient Occupancy Tax." Staff report by
City Manager Bowersox. Transient Occupancy Tax in the City of Poway is a 6% tax
added to the cost of renting a motel room within the City. TOT rates throughout
the County range from 8% to 10%. On December 14, 1993, Councilmember Cafagna
proposed that our TOT be increased. Staff is proposing an additional 2% tax.
The funds generated are general fund revenue.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to waive further
reading and continue the public hearing to February 15, 1994 for second reading
and adoption. Motion carried unanimously.
ITEM 7 (1404-03)
LIABILITY INSURANCE
CONTRACT RECREATION INSTRUCTORS
Staff report by City Manager Bowersox. On November 30, 1993, the City Council
requested information regarding insurance requirements for contract recreation
instructors. The City currently requires instructors of higher risk activities
to provide their own liability insurance. Of the 37 classes offered during the
winter session, eight require such insurance and the instructors have provided
proof of insurance. Many of these instructors teach classes for multiple
agencies. The City's carrier, the Southern California Joint Powers Insurance
Authority, will not provide the coverage. It would cost the City approximately
$25,000 to provide such coverage through another carrier. Staff also clarified
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that the instructors are correctly classified as independent contractors rather
than part-time employees.
Motion by Councilmember Emery, seconded by councilmember Callery to receive and
file the report. Motion carried 4-1 with Councilmember Snesko voting "no."
ITEM 8 (1301-01)
REPORT RE CARLSON LAWSUIT
Staff report by City Manager Bowersox. At the January 4, 1994 City Council
meeting, Howard Stacklin expressed concern regarding the law enforcement agency
having jurisdiction over the Carlson case. It was a federal operation that
included officers from multiple law enforcement agencies. It is being reviewed
by the U.S. Attorney's Office.
Council concurred to receive and file this report.
ITEM 9 (705-10)
CITY LIGHTING DISTRICT POLICIES
Item introduced by City Manager Bowersox. Staff report by Director of Public
Services Williams. Staff has reviewed all aspects of the Lighting District's
policies and procedures and estimates that when all the proposals in the report
are implemented it would result in an average assessment decrease of $4.91 per
parcel.
Speaking in opposition to staff recommendation:
Robert Good, 12730 Soule Street. He protested the delay in implementation
of direct cost assessments for gated communities to 1995-96 and stated the
purchase of SDG&E street lights should not be a bargaining point for the
36" pipeline in Pomerado Road.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to: 1) approve
the proposed definitions; 2) approve status quo for gated communities until
implementation of direct cost assessments in 1995-96; 3) direct staff to
negotiate the purchase of SDG&E street lights; 4) direct staff to bring benefit
fee determination efforts in-house; and 5) direct staff to prepare a resolution
that defines policies and procedures for the Lighting District. Motion carried
unanimously.
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ITEM 10 (1180-12)
POWAY RESTAURANT AND BAR OWNERS ALLIANCE
SERVER TRAINING AND SAFE RIDE PROGRAM
Staff report by City Manager Bowersox. The Poway Restaurant and Bar Owners
Alliance is proposing a voluntary program of alcohol server training coupled with
a safe ride program as a way of making Poway safer. There were 176 DUI arrests
last year in the City. Staff recommends a grant of $5,000 to fund the training.
Councilmember Snesko stated that Jerry Long, owner of the Big Stone Lodge, has
been the driving force behind this proposal and has gotten the cooperation from
the other restaurant and bar owners in Poway.
Motion by Councilmember Snesko, seconded by Councilmember Emery, to appropriate
$5,000 for the first 12 months of the Server Training and Safe Ride Program.
Motion carried unanimously.
ITEM 10.1 (602-01, #1006)
BLUE SKY ECOLOGICAL RESERVE
INTERPRETER POSITION
Councilmember Callery requested that this item be continued for one week. Motion
by Councilmember Callery, seconded by Councilmember Emery to continue the
cooperative agreement with the State Department of Fish & Game to February 8,
1994. Motion carried unanimously.
ITEM 10.2 (1402-02)
LIBRARY DESIGN ARCHITECT
Staff report by City Manager Bowersox. On November 18, 1993, the City Council
requested staff explore the design/build approach to the new library as opposed
to the traditional design/bid/build approach. The design/build is a growing
trend in commercial construction, but because of the state's public contracts
law, this approach is not specifically authorized for local agencies. Because
of this and other factors, including the favorable bidding climate, staff
recommends the traditional approach be used.
Ian Gill, 3230 Fifth Avenue, San Diego, Highland Partnership, Inc.
suggested some modifications to staff's recommendation.
Kathy Shawl, 13239 Ann-O-Reno Lane, stated the City needs clearly defined
goals for the library facility and that Palomar College has funds
available for a learning center in the new library.
Susan Sheldon, 13411 Starridge Street, talked about the need for "high
tech" in the library.
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The City Council asked staff about the status of the Library Advisory Committee.
City Clerk Wahlsten stated there are five members left on a nine-member committee
and two applications are pending. Council concurred to keep it a nine-member
committee and solicit additional applications.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to direct staff
to proceed with the traditional design/bid/build approach for the new library and
authorize staff to negotiate a contract with the architectural firm of
Cardwell/McGraw for the library design. Motion carried unanimously.
ITEM 10.3 (1401-14)
SUPPORT FOR PROPERTY ACQUISITION
CALIFORNIA WILDLIFE CONSERVATION BOARD
Staff report by City Manager Bowersox. Staff has been advised that the State's
Wildlife Conservation Board was considering the purchase of two parcels totalling
149.84 acres adjacent to the Blue Sky Ecological Reserve. Staff recommends the
City Council authorize the Mayor to sign a letter of support.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff
recommendation. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
21A. Councilmember Emery reported that the Board of Supervisors voted 4-1 to
destroy confiscated weapons rather than selling them.
21B. Councilmember Emery reported that part of the fence at Huntington Gate has
been destroyed.
22A&B. Councilmember Snesko requested that these two items be continued one
week.
22C. Councilmember Snesko requested that this be removed from the agenda. It
was discussed at the January 25, 1994 meeting.
22D.
Councilmember Snesko presented a proposed Code of Ethics which included
establishment of a Code of Ethics Commission and asked the Council to
review it and he will schedule it again for discussion. Councilmember
Callery stated she favored the one presented earlier because of its
simplicity. She stated Councilmember Snesko's proposal is too complex and
the voters should be the judge of whether the Councilmembers are ethical.
Councilmember Snesko requested that when the original code, continued from
the January 11, 1994 meeting comes back to Council, his come back on the
same agenda.
22E. Councilmember Snesko stated that workshop on the Code of Ethics is not
needed and removed this item from the agenda.
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23A.
Mayor Hi§ginson stated the City Council had received a letter from the
Mayors of Vista, Encinitas and Del Mar requesting an appointment to an Ad
Hoc Contract City Police Services Board to give direction to the City
Managers as they negotiate with the County Sheriff. Mayor Higginson
appointed Councilmember Callery since she is the City's representative on
the League of California Cities Executive Board, San Diego County
Division. (1504-10)
23B.
Mayor Higginson stated he received a letter from San Diego Mayor Golding
and Board of Supervisors' Chair Slater requesting representation on a
Multiple Species Conservation Plan Policy Committee. He stated he will
serve as the representative and Councilmember Callery will be the
alternate.
ADJOURNHENT
Mayor Higginson adjourned the meeting at 8:30 p.m. on motion by Councilmember
Emery, seconded by Councilmember Snesko.
Marjorie K\ Wahlsten, City Clerk
City of poW~y
5119