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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: 5113 Page 2 - CITY OF POWAY - February 1, 1994 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. 5114 Page 3 - CITY OF POWAY - February l, lgg4 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 5115 Page 4 - CITY OF POWAY - February 1, 1994 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. 5116 Page 5 - CITY OF POWAY - February 1, 1994 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. 5117 Page 6 - CITY OF POWAY - February 1, 1994 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. 5118 Page 7 - CITY OF POWAY - February 1, 1994 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