CC 1994 03-22 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 22, 1994
The March 22, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEMBERS 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
Patrick Foley
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 Public Services
Director of Redevelopment Services
Principal Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Sylvia Nicpon, 13325 Buena Vista, spoke about rents and resale agreement
at Poway Royal Mobile Estates. She stated the residents are being coerced
into signing the agreement and, as a condition of signing, give up their
privacy.
Karen Walczak, 13323 Buena Vista, stated she was a new resident at Poway
Royal Mobile Estates and was not told about the planned rent increases
when she purchased. She stated she does not want to open her financial
records to the City.
Fran Colling, 13340 Alpine Drive, spoke about the deed restriction.
James Dolan, 13047 Dana Vista, asked who selected the mobile home parks in
San Diego County that were used for rent comparisons to Poway Royal.
Betty Rexford, 11570 Creek Road, thanked the Engineering Services
Department for their prompt response to her illegal dumping complaint on
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Creek Road. She asked why the Sheriff's Department does not cite them for
violating the "No Trucks" sign and stated General Dynamics is still using
Creek Road as a truck route and needs some enforcement.
CONSENT CALENDAR
Mayor Higginson stated Item 17 has been pulled from the Consent Calendar by the
public. Motion by Councilmember Callery, seconded by Councilmember Emery to
approve the Consent Calendar, as follows:
Approval of Minutes - City Council
February 22, 1994, Regular Meeting
10.
Approval of Minutes - Redevelopment Agency
February 22, 1994, Regular Meeting
11. Ratification of Warrant Register - March 3, 1994
(401-10)
12. Approval of City's Investment Report - February 28, 1994
(408-01)
13.
Approval of standard agreement for consultant services with Media
Dimensions for advertising and public relations services to create
awareness of Poway as an industrial/commercial location and produce
inquiries from bona fide prospects. (602-01, #212R)
14.
Receive a donation of $9,000 contributed by ARTS ALIVE! Foundation and
appropriate same amount to offset costs in presenting performances at the
Poway Center for the Performing Arts during the 1993-94 season.(1180-10)
15. Acceptance of Community Road Storm Drain Improvements from TC
Construction. (5277C) (602-01, #204R)
16. Acceptance of Community Road Sound Wall Improvements at Poway Royal Mobile
Home Estates. (602-01, #977)
18.
Adoption of Resolution No. 94-022, entitled, "A Resolution of the City
Council of the City of Poway, California Requesting Grant Funds Through
the Transit Development Act and TransNet to Provide Bike Lane and Street
Improvements on Scripps Poway Parkway, Midland Road, Bike Route
Improvements on Oak Knoll Road and a City-Wide Bicycle/Pedestrian Corridor
Land Use Linkage Study." (401-30)
19.
Approval of contract between the City of Poway/Redevelopment Agency and
Cardwell/McGraw Architects to master plan the 6.5 acre site located at
13137 Poway Road and design the new Poway Library. (602-01, #165R)
19.1 Award of bid for Old Poway Park Phase IIIB to Plaza Landscape, Inc., in
the amount of $496,049.50. (5602) (602-01 #213R)
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Motion carried unanimously.
ITEM 4 (401-30)
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City receives an annual allocation of Community Development Block
Grant (CDBG) funds. Staff is proposing the use of twentieth year funding for
accessibility modifications ($98,400), Poway Affordable Housing Assistance
Program ($10,000) and the Affordable Housing Rehabilitation Program ($110,070).
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and allocate the CDBG funds as recommended by staff. Motion
carried unanimously.
ITEM 5 (1206-05)
SOUTHWESTERN CABLE TV'S
BASIC RATES
Mayor Higginson opened the public hearing. He stated this public hearing is being
held pursuant to Section 11 of Resolution 93-088 and Section 76.935 of the Rules
and Regulations of the Federal Communications Commission.
Staff report by City Manager Bowersox. The City hired the firm of Public
Knowledge, Inc. to conduct the rate analysis of Southwestern Cable TV. The
consultant has completed his review and the staff is recommending that the City
Council order Southwestern Cable to reduce its rate for the basic tier by $0.15
and provide refunds to subscribers for basic service retroactive to September 1,
1993. Additionally, based upon a request by Southwestern Cable for additional
time, a public hearing will be set for April 26, 1994 to allow Southwestern Cable
to show cause why the reduction should not be made.
Jay Smith, consultant with Public Knowledge, Inc., reviewed his report with the
Council. Congress passed legislation in October, 1992 allowing rate regulation
authorities to regulate basic tier services based on information provided by the
cable company on FCC Form 393. Mr. Smith reviewed the errors he believes they
made in filling out their form.
Ann Burr, 17063 Tam O'Shanter Drive, President of Southwestern Cable, stated they
have complied fully with the consultant and requested the City Council not take
any action until the April 26, 1994 public hearing.
Council asked what the consequences were of not taking action at this meeting.
Mr. Smith stated that they must either order the rate reduction or issue an
accounting order. If a rate reduction is ordered it can be made retroactive to
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September 1, 1994. If an accounting order is issued, the law is not clear
whether a reduction adopted later can be made retroactive.
Ms. Burr read a statement from her letter of March 17, 1994 "Obviously, by
extending or continuing the review process we fully understand and recognize this
does not, in any way, impair the City's ability to order a rate reduction and
refunds back to September 1, 1994 in accordance with the rules and regulations
of the Federal Communications Commission."
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 94-023, entitled, "A Resolution of the City Council of the City
of Poway, California, Pursuant to Section 76.933(c) of the Rules and Regulations
of the Federal Communications Commission Directing the Cable Operator to Keep and
Accurate Account of all Amounts Received by Reason of the Rates in Issue and on
whose Behalf such Amounts were Paid." Motion carried unanimously.
(Councilmember Cafagna left the room.)
ITEM 6 (1207-01)
1994-95 TDA CLAIMS
Staff report by City Manager Bowersox. The funding to operate the Poway Transit
Service is a combination of passenger fare revenues and Transportation
Development Act (TDA) funds. In 1994-95, City and County staff are recommending
minor modifications to Poway's transit service to maintain ridership and improve
service.
Motion by Councilmember Emery, seconded by Councilmember Callery to authorize
staff to expand Route 845 peak hour service to accommodate passenger demand and
match Route 844 service frequency; request the Metropolitan Transit Development
Board to develop a low cost local pass for Poway transit users; expand commuter
express Route 820 service from the current four round trips to six round trips
daily upon initiation of the coastal rail service; maintain airporter passenger
fares and TDA subsidies per passenger at the current levels; and authorize an
appropriation of funds from the unallocated TDA reserve balance of $104,000 for
capital projects including the bus stop turnout on the east side of Midland Road
just north of Poway Road, improve bus stops for wheelchair accessibility and
other ADA standards and a contribution to fund future purchase of radio
communications equipment. Motion carried 4-0 with Councilmember Cafagna out of
the room. Councilmember Emery requested that staff not use the term"unallocated
reserve."
ITEM 8 (1503-36)
SOLID WASTE INTERIM COMMISSION
City Manager Bowersox stated that the Commission will be having a workshop on
April 7 and recommended the City Council's discussion of various issues be
continued until after that workshop. Council concurred.
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ITEM 8.1 (1401-14)
BLUE SKY ECOLOGICAL PRESERVE
City Manager Bowersox stated that representatives from Fish & Game were not able
to be present at this meeting and have requested a continuance to April 12, 1994.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue this
item to April 12, 1994. Motion carried 4-0 with Councilmember Cafagna out of the
room.
(Councilmember Cafagna re-entered the meeting.)
ITEM 8.2 (1204-05)
WATER UTILITY RATES AND RESOURCES
FINANCING FOR WATER TREATMENT PLANT UPGRADES
Item introduced by City Manager Bowersox. Staff report by Director of Public
Services Williams. On November 30, 1993, Linda Brannon, Poway's representative
on the San Diego County Water Authority Board of Directors told the Council about
changes being considered by the Metropolitan Water District to their revenue
stream. Based on that information and a need to control our dependence on MWD
for raw water supplies, staff was given direction to keep the Council informed
of water cost changes; evaluate means of incrementally increasing water supplies;
report on funding strategies to complete capital improvements to the City's Water
Treatment Plant that were directed by the State Department of Health Services;
and formulate strategies to control and stabilize water costs to Poway consumers.
Director Williams reviewed the distribution of costs to produce one unit or 748
gallons of water in Poway. Of the $1.50 charged the customer, $.84 goes to MWD
and $.19 to SDCWA for the cost of raw water. He noted that our per capita use
is still down compared to the high year 1989-90, but it is starting to increase.
There are some alternative sources of water that staff is exploring, including
developing wells, but there are costs associated with developing those sources.
Staff continues to look at those possibilities. The project of upgrading the
water treatment plan to meet State Health Department regulations is estimated to
cost $7.9 million. The Hardinge filters have to be replaced with eight new
conventional filters, OSHA mandates a new chemical storage and feed system, the
electronic control system and floating cover must be replaced. One revenue
source being investigated is the resumption of sales of treated water to Ramona
Municipal Water District.
Council discussed why we are required to make the improvements to the Treatment
Plant and whether we should be seeking waivers from the State. Following
discussion, Council concurred to receive and file the report.
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ITEM 17 (602-01, #180R)
POWAY ROYAL MOBILE ESTATES
ELECTRICAL RENOVATION CONTRACT
Mayor Higginson noted that this item had been pulled off the Consent Calendar by
Sylvia Nicpon, however she was not present when this point in the agenda was
reached. Motion by Councilmember Emery, seconded by Councilmember Snesko to
appropriate $149,655.76 to complete the previously approved items of the
electrical renovation contract with Mel Smith Electric. Motion carried
unanimously.
CITY ATTORNEY ITEMS
21.
City Attorney Eckis requested closed session with the City Council,
pursuant to Government Code §54956.9(a), existing litigation, for two
cases: SDG&E vs. City of Poway, Superior Court No. 672505; and CFD 88-01
vs. Parkway Business Centre Partners, Superior Court No. 672341.
City Attorney Eckis noted that the City Clerk was served today with
Superior Court Case No. 674656, Sycamore Canyon Association, vs. City of
Poway regarding the EIR certification for the Scripps Poway Parkway
easterly extension. He will schedule a closed session on April 5, 1994 to
discuss this lawsuit.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23.
Councilmember Callery stated that the San Dieguito River Valley JPA's
Board took a position against City of San Diego's Proposition C which will
be on the June ballot in the City of San Diego and would allow early
development of the North City Future Urbanizing Area. They're opposed
because the City is amending the Framework Plan to allow the phase shift
to precede the completion of the Subarea Plans even though passage of
Proposition C would facilitate completion of State Route 56.
24.
Councilmember Emery stated he was concerned over the amount of staff time
being spent to docket items in response to comments by the public and
Council. Many of these items could be handled administratively.
Resolution No. 86-135 which established procedural rules to comply with
the Brown Act stated that items of business not appearing on a City
Council agenda and introduced by a Councilmember, staff or member of the
public shall be referred automatically without any discussion or action
whatever by Council to the City Manager (1) for action by the City Manager
if the matter is administrative in nature; or (2) for placement upon a
City Council agenda within four (4) weeks if the matter requires action by
the Council. Council concurred that staff should follow the policy as it
was written and they will clarify if a report back to the City Council is
required.
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25.
Councilmember Snesko stated he had asked some time ago about building a
neighborhood park at the end of Larchmont Street. He made a motion that
staff be directed to determine the cost of building a park with a small
children's playground, a basketball court, picnic benches and a small
ballfield. Motion seconded by Councilmember Callery. City Manager
Bowersox stated that staff had done a survey of areas of the City that
were not served by a neighborhood or community park and this was one of
the areas suitable for a mini-park. Following discussion, motion was
amended to add Adobe Ridge and Rancho Arbolitos mini-parks previously
identified for cost estimate then to refer to the Parks & Recreation
Committee for prioritization.
26.
Mayor Higginson announced the following appointments to the Budget Review
Committee for 1994-95 budget: Jim Crosby (Councilmember Cafagna); Mary
Cross (Councilmember Snesko); Jerry Hargarten (Mayor Higginson); William
Hickey (Councilmember Emery); Betty Rexford (Councilmember Callery).
CLOSED SESSION
Mayor Higginson called for a closed session at 9:30 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 10:05 p.m. with all
Councilmembers present and stated they had received information from the City
Attorney during closed session.
Upon motion by Councilmember Callery, seconded by Councilmember Snesko, Mayor
Higginson ordered the meeting adjourned to Thursday, March 24, 1994, 4:30 p.m.
in the City Council Chambers, 13325 Civic Center Drive. The time of adjournment
was 10:05 p.m.
Marjor/te l<. Wahlsten, City Clerk
City qf Poway
5169
NO TICE
NOTICE IS HEREBY GIVEN THAT THE MARCH 22, 1994, 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 Callery,
seconded by Councilmember Snesko, Mayor
Higginson ordered the meeting adjourned to
THURSDAY, MARCH 24, 1994, 4:30 P.M.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:05 p.m.
Marjorlfe\K. Wahlsten, City Clerk
City o~way, California
March 23, 1994
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
3:00 p.m.
Dated at Poway, California, on March 23, 1994.
MarjorilelK. Wahlsten, City Clerk
City of L~oway, California