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CC 1995 06-13 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 13, 1995 The June 13, lgg5, regular meeting of the City Council of the City of Poway, was called to order at 7:05 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, Betty Rexford, 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 Peter Moote Christine Tsung Michael Putnam 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 Deputy Dir. of Administrative Services Finance Manager Performing Arts Center Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Peggy Collette, 13969 Bernadotte Lane, submitted documents regarding the award of the trash franchise and again asked that the franchise be rebid. In response to Councilmember Cafagna she stated her trash rates have remained the same as they were with Laidlaw. City Attorney Eckis stated he has reviewed all the documents referred to by Ms. Collette and unless directed by the City Council, his review of this matter is completed. Joe Diaz, ]2820 Montauk, spoke regarding the trash franchise. He stated his rates have gone up as has his neighbors. Councilmember Cafagna asked if he would provide a copy of his old and new bills to City staff. 5527 Page 2 - CITY OF POWAY - June 13, 1995 Larry Cruse, 13734 Utopia, asked again about receiving the amphitheater EIR in a computer readable format, and asked if the City would pay for the first copy and they could copy the disk. He acknowledged receiving the answer to his original query on May 16, 1995. The City Clerk will report back on the cost and complexity of complying with this request. CONSENT CALENDAR City Clerk Wahlsten noted Item 16 has an additional Resolution annexing the project into the Sewer Improvement District included in the staff report. Motion by Councilmember Cafagna, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 10. Approval of Minutes - City Council May 16, 1995, Regular Meeting May 18, 1995, Adjourned Regular Meeting 12. Ratification of Warrant Register for period of May 22-26, 1995. (401-10) 13. Acceptance of City Reroofing Project from Stricker Roofing, Inc. (602-01 #1028) 14. Receive and file Status Report regarding "First Night" alcohol-free celebration. {Referred from March 7, 1995, Item 3) (1180-05) 15. Approval of Policy on the allocation of Cable Plant from the City's Mileage Bank with Cox Cable San Diego, Inc. {1206-02) 16. Approval of Final Map for Poway Oaks, TTM 94-02, Shea Homes, Inc., applicant; approval of agreement relating to public improvements, and adoption of Resolution No. 95-045, entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance Assessment District No. 86-3 with the Annexation of APN 317- 211-02 and 04 by Written Consent of Property Owners"; Resolution No. 95- 046, entitled, A Resolution of the City Council of the City of Poway Annexing Territory to the Sewer Improvement District of the City of Poway - Poway Oaks Subdivision Annexation"; Resolution No. 95-047, entitled, "A Resolution of the City Council of the City of Poway Establishing a No Parking Zone on the North Side of Metate Lane Extending Easterly from Pomerado Road"; and Resolution No. 95-048, entitled, "A Resolution of the City Council of the City of Poway Establishing a Stop Sign on Poway Oaks Drive at Metate Lane." {203-01) 16.1 Approval of the following positions on pending legislation: oppose AB 1544, which would allow counties to retain the penalty on Mello-Roos taxes; oppose SB 1066 which would remove a city's ability to charge an excise tax for general fund needs related to new development; support SB 5528 Page 3 - CITY OF POWAY - June 13, 1995 96 that enacts the School Facilities Bond Act of 1996; and support AB 331 which makes provisions for a $2 billion school bond issue in 1996. (7o1-11) 16.2 Award of Bid for Vending Machine Service at Community Swim Center to Southland Vending Services in the amount of 27.5% commission for fiscal years 1995-96 and 1996-97. (602-01 #1076) Motion carried unanimously. ITEM 4 (203-08) VARIANCE 95-03/DEVELOPMENT REVIEW 95-05 APPLICANT: CHABAD OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On May 9, 1995, the City Council voted to rehear the variance and development review for Chabad of Poway's religious complex at 16934 Old Espola Road. The neighbors had protested the original design of the project and it has been redesigned. The height of the main building has been reduced to 27 feet from finished grade. The fence on the west side is proposed to be increased to eight feet and the congregation will be required to park in the parking lot rather than on the street. Staff recommends approval of the revised project. Speaking in opposition to staff recommendation: Eileen Murray, 16947 Old Espola Road, stated she is still concerned about the parking situation. Speaking in favor of staff recommendation: Rabbi Goldstein, 16934 Old Espola Road Ray Poliakoff, 13334 Calle Colina, Congregation President Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing; issue a Mitigated Negative Declaration; and adopt Planning Resolution No. P-95-32, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Variance 95-03 and Development Review 95-05, Assessor's Parcel Number 273-820-15." Motion carried unanimously. ITEM 5 (205-02) BUDGET REVIEW COMMITTEE'S REPORT 1995-96 FINANCIAL PLAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. There is a projected $300,000 surplus in 1994-95. Operating budgets for 1995-96 are recommended to be $34,272,900 for the City and $5,060,930 for the Redevelopment Agency. The General Fund portion is proposed to be $15,863,160. 5529 Page 4 - CITY OF POWAY - June 13, 1995 Major increases in the budget come from rate increases from Metropolitan Water District, San Diego County Water Authority, and Metro Sewer. Staff also proposes $100,000 set aside for the library, $100,000 increase in street maintenance, and a $260,000 increase in the law enforcement contract costs. The five year fiscal forecast has improved over the one prepared in lgg3-g4. Staff has projected three scenarios with the forecast. He commended the staff and the Budget Review Committee for their work in preparing this document. Mark Gordon, 17206 Pinot Place, Chairman of the Budget Review Committee, stated this is not just another balanced budget but a tribute to staff and the City Council for their fiscal prudence. He stated the community must learn to lower expectations because the five year fiscal forecast shows the backlog of needed maintenance projects increasing. Council concurred they are concerned about road maintenance needs and commended staff for their efforts to save money. They requested that questions be included on the upcoming community survey to determine citizens' willingness to fund items like the library and parks and recreation through special assessments. Motion by Councilmember Emery, seconded by Councilmember Callery to continue the public hearing to June 20, 1995. Motion carried unanimously. ITEM 6 (401-17) THIRD PARTY RENTAL RATES POWAY CENTER FOR THE PERFORMING ARTS Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. In order to meet the established goal of reducing the General Fund subsidy of the Performing Arts Center, it is both necessary to reduce expenses and enhance revenue. An increase in rental rates to $600 for a five hour minimum and $150 for each additional hour for non-profit, community-based organizations, and $850 for a five hour minimum and $200 for each additional hour for for-profit groups and elimination of the percentage of gross ticket sales fee from both categories is recommended. It is projected this change will increase the rental revenue approximatel~ $20,000 in 1995-96, based on historical rental inforamtion. There was no lone present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the pubic hearing and adopt Resolution No. 95-049, entitled, "A Resolution of the City of Poway, California Establishing the Schedule of Fees for Rental of the Poway Center for the Performing Arts and Rescinding Resolution No. 93-094." Motion carried unanimously. 5530 Page 5 - CITY OF POWAY - June 13, 1995 ITEM 7 (701-09) LIBRARY BUDGET FOR lggs-g6 Staff report by City Manager Bowersox. The Library Advisory Committee is recommending a $71,165 budget for the library in 1995-96 to fund 30 hours per week of a children's librarian, connection to the InterNet, updating reference books and other items. Staff recommends approval. Speaking in favor of staff recommendation: Joye Davission, 17333 Celestial Road Motion by Councilmember Emery, seconded by Councilmember Callery to approve the $71,165 library budget for 1995-96. Motion carried unanimously. ITEM 8 (202-01) CITY COUNCIL GOALS & OBJECTIVES Staff report by City Manager Bowersox. Annually, the City Council reviews the status of goals and objectives established from the current fiscal year to begin developing goals and objectives for the upcoming fiscal year's financial plan. Staff has prepared a comprehensive listing of the lgg4-95 goals and objectives and recommends a workshop in August to present 1995-96 goals. Councilmember Callery stated that Poway High School has a requirement that their graduates complete volunteer hours and asked if the City could be the recipient of some of the hours. She also suggested that staff start working on a means to provide transportation from the Brookview site to the Senior Center when those units are constructed. She also suggested that staff work with the County of San Diego to get easements for the reclaimed water line through Sycamore Creek since it doesn't appear that property will be acquired by the San Dieguito River Park. Council concurred to hold an August workshop. ITEM g (209-00R) COMMERCIAL REHABILITATION PROGRAM Item introduced by City Manager Bowersox. Staff report by Director of Redevelopment Services Sharer. On September 6, 1994, Council directed staff and the Redevelopment and Housing Advisory Committee to prepare a plan for a commercial rehabilitation program due to the overwhelming response to the residential rehabilitation program. The program could provide grants/loans to provide "facelifts" for businesses in order to help stimulate and revitalize their growth. The Committee has prepared a concept for Council concurrence prior to developing an implementation plan which includes the focus of $250,000 on projects that would implement the concepts contained in the Poway Road Specific Plan, as well as the basic program consisting of $5,000 loans with the 5531 Page 6 - CITY OF POWAY - June 13, 1995 availability of an additional $5,000 matching loan, at no interest and 10% forgiven each year. Speaking in opposition to staff recommendation: Larry Cruse, 13734 Utopia Road, stated Poway needs new businesses rather than sprucing up existing businesses, and suggested the funds be used for a business incubation project. Kennon Dial, 12311 Boulder View Drive, member of the Redevelopment and Housing Advisory Committee, stated more funds need to be put into the residential program and the library site. Council stated a criteria for need and expected results should be developed, as well as specifics on landlord/tenant relationships if a tenant applies for a loan. Motion by Councilmember Cafagna, seconded by Councilmember Callery to direct the Redevelopment and Housing Advisory Committee to develop a targeted Commercial Rehabilitation Program and approve the concept for the basic program, with implementation plans to be brought back to the City Council as soon as possible. Motion carried unanimously. ITEM 9.1 602-01 #1031) TRASH COLLECTION RATES Staff report by City Manager Bowersox. The Solid Waste Management Authority has adopted new tipping fee rates for the county landfill system and, under terms of our franchise with Mashburn these savings will be passed on to their customers. On June 27, 1995 staff will present a resolution to the City Council which will reduce single family residential rates by 4.39% and multi-family and commercial rates by 6.96%. He commended Councilmember Cafagna for his work on the Solid Waste Authority and what they have been able to achieve. Council concurred to receive and file the report. CITY ATTORNEY ITEMS 18. City Attorney Eckis requested a closed session with the City Council for the following: A. Conference with Real Property Negotiator (§54956.8); Property: Haley Ranch Estates; Negotiating Parties: City Manager/Executive Director (Buyer), Allen & Richard Kuebler (Owner/Seller) Under Negotiation: Terms and Conditions of Owner Participation Agreement regarding Acquisition. B. Conference with Legal Counsel Existing Litigation (§54956.9{a); Case: Poway Redevelopment Agency v. Parkway Business Centre, Parkway Partners, ADI Property Inc., D. L. Daley Corp. & Burlich Corp, Superior Court Case No. 685313. 5532 Page 7 - CITY OF POWAY - June 13, 1995 MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Cafagna stated he had talked to Assemblyman Goldsmith regarding legislation to make it possible to finish SR 56 by making it a toll road. This would eliminate the need to have development occur in order to fund the road construction. Council concurred a meeting with the City of San Diego to determine their interest in this concept would be beneficial. 23. Mayor Higginson announced Councilmember Rexford's appointment to the Redevelopment & Housing Committee is Jeff Schipper. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 9:00 p.m. CALL TO ORDER AND ADJOURNNENT Mayor Higginson called the meeting back to order at g:44 p.m. Upon motion by Councilmember Cafagna, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned to 7:00 P.M., Thursday, June 15, 1995 for a joint meeting with the Poway Unified School District Board of Trustees in the Meadowbrook Middle School Multi-Purpose Room, 12320 Meadowbrook Lane, Poway California. The time of adjournment was 9:45 P.M. Marjorie K. Wahlsten, City Clerk City of Poway 5533 NO T/CE NOTICE IS HEREBY GIVEN THAT THE JUNE 13, 1995, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: June 14, 1995 ORDER OF ADJOURNMENT Upon motion by Councilmember Cafagna, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned to 7:00 p.m., Thursday, June 15, 1995 for a Joint Heettng with the Poway Unified School District in the Meadowbrook Middle School Multi- Purpose Room, 12320 Meadowbrook Lane, Poway, California. The time of adjournment was 9:45 p.m. Marjori.~ g. Wahlsten, City Clerk City of POway, California 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 June 14, 1995 Marjorie K. Wahlsten, City Clerk City of Poway, California