CC 1998 04-28 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 28, 1998
The April 28, 1998, 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
Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Peoples
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
John Falconer
Penny Riley
Patrick Foley
City Manager
Assistant City Clerk
City Attorney
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
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Dr. Paul Coleman, 12324 Oak Knoll Rd., requested Council direct the Planning Department
to revoke the temporary permit issued the Jim Piva Equipment Rental Facility.
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CONSENT CALENDAR
Councilmember Emery requested Item 22.1 be pulled from the Consent Calendar for
discussion. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to
approve the Consent Calendar as follows:
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Ratification of Warrant Register for period of April 6-10, 1998.
(401-10)
Approval of Investment Report for period ending March 31, 1998.
(408-01 )
Appropriation of funds to complete Phase I Improvements for the Lester J. Berglund
Water Treatment Plant. (401-13)
Acceptance of report of Administrative Action taken on City Council-Initiated and
Public Inquiry Items for the period of February 3 through April 13, 1998. (701-10)
Award of Bid for two pick-up trucks to Jerry Richardson's Poway Pontiac-Buick-
GMAC in the amount of $48,692.22. (601-03)
Award of Bid for the Seal Coat Contract, 1998/1999 Street Maintenance Program
to Manhole Adjusting Contractors, Inc. in the amount of $731,740.22.
(602-01 #1248)
Award of Bid for the City Records Amhive Center at the Materials Handling Yard to
File Fax, San Diego in the amount of $35,341.91. (602-01 #1247)
Acceptance of Quarterly Status Report for Illegal Encampment Activities for first
Quarter of 1998. (704-10)
Approval of Parcel Map for Tentative Parcel Map 97-09, Spooner Management,
creating three lots on 3.35 acres at the northeast corner of Stowe Drive and
Crosthwaite Circle. (203-02)
Approval of Parcel Map for Tentative Parcel Map 97-06, Steussy Property, creating
two parcels from a 6.41 acre parcel at 15255 Eastvale Road. (203-02)
Approval of Proposal to use Housing Rehabilitation Program Revenue to fund New
Housing Rehabilitation Loans. (208-03R)
Second Amendment to the Agreement with the Metropolitan Transit District Board
to Regulate Taxicabs and other For Hire Vehicles in Poway. (602-01 #854)
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Motion carried 4-0. Cafagna absent.
ITEM I (203-02)
TENTATIVE PARCEL MAP 97-15
APPLICANT: STAN & ALICE KAMINSKI/SCOTT & BARBARA MERKLEY
Mayor Higginson opened the public hearing. This is a request to divide a .48 acre parcel
into four parcels, south of the terminus of Iris Lane and south and west of Paradise Drive.
Due to an error in the legal notice publication, staff is recommending the item be continued
to May 5, 1998.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to continue the
item to May 5, 1998 as recommended by staff. Motion carried 4-0. Cafagna absent.
ITEM 2 (705-09)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 3 (705-11)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 4 (705-12)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
ITEM 5 (705-14)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 6 (705-10)
NOTICE OF INTENTION/ENGINEER'S REPORT
POWAY LIGHTING DISTRICT
ITEM 7 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention setting
public hearings for the landscape maintenance districts and lighting district to levy and
collect assessments for 1998-99. The public hearings are set for June 30, 1998. Due to
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the passage of Proposition 218, it will be necessary to put to a public vote, Landscape
Maintenance District Nos. 86-2 and 86-3 due to proposed increases in assessments.
Motion by Mayor Higginson, seconded by Councilmember Goldby to take the following
actions:
Adopt Resolution No. 98-038, entitled, "A Resolution of the City Council of the City of
Poway Declaring the Intention to Levy and Collect Assessments Within Poway Landscape
Maintenance District 86-1 for Fiscal Year 1998/99," approving the Engineer's Report
recommending the assessments in Zone A residential be reduced from $261.00 to
$243.00 and the one residential unit in Zone B to continue to contribute in-lieu
assessments by providing equivalent maintenance services for the LMD improvements
within public right-of-way immediately adjacent to their parcel, and setting the public
hearing for June 30, 1998. Motion carried 4-0. Cafagna absent.
Adopt Resolution Nos. 98-039 and 98-040, entitled, "A Resolution of the City Council of the
City of Poway Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-2 for Fiscal Year 1998/99," approving the Engineer's
Report recommending assessments for Zone A residential be increased from $186.16 to
$312.76 and Zone B residential from $240.90 to $262.20, and setting the public hearing
for June 30, 1998. Motion carried 4-0. Cafagna absent.
Adopt Resolution Nos. 98-041 and 98-042, entitled, "A Resolution of the City Council of the
City of Poway Declaring the Intention to Levy and Collect Assessments Within Poway
Landscape Maintenance District 86-3 for Fiscal Year 1998/99," approving the Engineer's
Report recommending assessments for Zone A residential be increased from $163.00 to
$239.00 and Zone B (non-residential) be deceased from $113.80 to $70.89, and setting
the public hearing for June 30, 1998. Motion carried 4-0. Cafagna absent.
Adopt Resolution No. 98-043, entitled, "A Resolution of the City Council of the City of
Poway Declaring the Intention to Levy and Collect Assessments Within Poway Landscape
Maintenance District 87-1 for Fiscal Year 1998/99," approving Engineer's Report
recommending the assessments for Parkway Business Centre and Poway Corporate
Center remain the same at $790.00 per net acre and $894.31 for Pomerado Business Park
Phases I and II and Rolling Hills Estates commemial properties. Assessments are
proposed to decrease from $221.71 to $210.67 per parcel for the residential portion of
Rolling Hills Estates, and setting the public hearing for June 30, 1998. Motion carried 4-0.
Cafagna absent.
Adopt Resolution No. 98-044, entitled, "A Resolution of the City Council of the City of
Poway Declaring the Intention to Levy and Collect Assessments within the Poway Lighting
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District for Fiscal Year 1998/99," approving the Engineer's Report recommending no
increase in assessment rates for Zones A, B or C; however, some parcel assessments will
increase due to land development, land use designation changes, and the creation of new
subdivisions, and setting the public hearing for June 30, 1998. Motion carried 4-0.
Cafagna absent.
Adopt Resolution No. 98-045, entitled, "A Resolution of the City Council of the City of
Poway Declaring the Intention to Levy and Collect Assessments Within Poway Landscape
Maintenance District 83-1 for Fiscal Year 1998/99," approving the Engineer's Report
recommending the assessment remain unchanged for Zone A residential and a decrease
from $255.34 to $235.75 for non-residential in Zone B, and setting the public hearing for
June 30, 1998. Motion carried 4-0. Cafagna absent.
ITEM 8 (405-01)
COMMUNITY FACILITIES DISTRICT 88-1
REFUNDING BONDS
Introduction by City Manager Bowersox. Staff report by Administrative Services Director
Stewart. This is a request for approval of authorizing resolution and the corresponding
documents for issuance of the 1998 Special Tax Refunding Bonds or CFD 88-1. The
refunding will lower the overall debt service for outstanding bonds in the District; lower the
maximum tax rate; reduce the annual special tax assessments; increase the bond reserve
amount by $1,000,000; reduce the authorization for the CFD bond issue from $45 million
to $38 million, thereby assuring property owners that additional bonds will not be issued
in the future, thereby avoiding a possible increase in the special tax assessment and keep
interest payments on the City loan to the District current.
Motion by Councilmember Emery, seconded by Councilmember Rex'ford, to adopt
Resolution No. 98-046, entitled, "A Resolution of the City Council of the City of Poway
Acting as the Legislative Body of Community Facilities District No. 88-1 of the City of
Poway (Parkway Business Centre) Authorizing the Issuance of its Special Tax Refunding
Bonds in a Principal Amount not to Exceed Thirty-Eight Million Dollars ($38,000,000) and
Approving Certain Documents and Taking Certain Other Actions in Connection Therewith."
Motion carried 4-0. Cafagna absent.
ITEM 9 (602-01 #1249)
LIBRARY SERVICES AGREEMENT/COUNTY OF SAN DIEGO
Introduction by City Manager Bowersox. Since the City owns the building and provides
library services not normally provided by the County, a formal agreement is necessary.
Staff report by Public Services Director Thomas, who stated that the proposed agreement
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provides good cost sharing and will not exceed the funds approved by the Council each
fiscal year.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to authorize the
City Manager to execute the agreement. Motion carried 4-0. Cafagna absent.
ITEM 10 (1207-01)
1998-99 TRANSIT SERVICES
Introduction by City Manager Bowersox. Staff report by Public Services Director Thomas.
Over the last three years, ddership has increased approximately 20% over FY 92-93. For
FY 98-99 City and County staff are recommending the same level of service and are
requesting authorization to initiate a study to determine the feasibility and cost of
implementing a shuttle service from Creekside Plaza to the South Poway Business Park.
This will be reviewed at a Council Workshop currently scheduled for August 13, 1998. In
December 1997 the City of Poway requested County Transit Staff develop a draft
schedule, proposed routing and estimated cost for a Rancho Carmel to Poway shuttle.
County staff has determined that approximately 30 percent of the route mileage is within
the City of Poway and 70 percent within the City of San Diego. At this time, San Diego is
not interested in funding their share of the route. If Council decides to go forward they
would have to expend $64,130 more than their TDA allocation and the shuttle service still
would not be feasible without additional funding from the City of San Diego. The Airporter
service ridership has increased. The cost for this service will exceed the TDA allocation
by $68,000 which could be reduced by $37,000 if the Rancho Carmel shuttle is not put into
operation.
Motion by Councilmember Goldby, seconded by Councilmember Emery to approve the
transit service levels proposed in the FY 98-99 TDA Claim; authorize staff to initiate a study
to determine feasibility and cost of implementing a shuttle service from Creekside Plaza
to the South Poway Business Park and allocate $52,492 from the capital reserve fund and
$11,638 from the prior year capital reserve fund for transit service and capital projects, no
further action to be taken on the Rancho Carmel shuttle at this time. Motion carried 4-0.
Cafagna absent.
ITEM 22.1 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
PUSD - PARTICIPATING IN LOCAL GOVERNMENT INSTITUTE
Councilmember Emery stated he had pulled this request for a $1,075 sponsorship for a
Poway Unified School Distdct teacher to attend the League of California Cities institute for
Council discussion. He recommended these requests only be funded if the teacher is
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teaching in a Poway school or a Poway resident. Council concurred.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the
funding only if the recipient is a Poway teacher or resident. Motion carried 4-0. Cafagna
absent.
CITY MANAGER ITEMS
23.
City Manager Bowersox stated that there had not been any additional expenditures
other than the fence and sink hole repair and that this would be the last request for
continued authorization to make necessary emergency repairs to protect the public
health and welfare of the City under authority of Resolution No. 98-011. (601-04)
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to
continue the authorization for two additional weeks. Motion carried 4-0. Cafagna
absent.
CITY ATTORNEY ITEMS
24.
City Attorney Eckis requested a closed session for pending litigation under
Government Code Section 54956.9(a):Case: Poway Redevelopment Agency vs
Mortuary Service; San Diego Superior Court Case No. 711305-1. No special
findings need to be made and no report out is expected.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26.
Councilmember Emery requested staff prepare a status report and options available
for the Wet'n Wild site as well as a report on the cutting of oak trees in the Old
Coach project area. He then advised Council that he had requested placement on
the May 5, 1998 agenda, the discussion of gated communities and a proposal to
limit them in the future.
27A.
Councilmember Goldby requested his item asking for Council input on options
provided by County Supervisor Slater on the 1-15 traffic situation be continued to
May 5, 1998 to allow Council additional time for review. He then suggested Council
not limit themselves to only those options suggested and requested they consider
long term solutions.
CLOSED SESSION
Mayor Higginson called for closed session at 8:05 p.m. as requested by the City Attorney.
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ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:30 p.m. with all members present
except Councilmember Cafagna who was absent from the meeting. The meeting was
adjoumed on motion by Councilmember Emery, seconded by Councilmember Rexford in
memory of 19 year old Eagle Scout and Poway resident, Justin David Sabin.
v . A. Peoples, AsSistant City Clerk
City of Poway
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