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.
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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
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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.
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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.
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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
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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.
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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
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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