CC 2001 06-12CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 12, 2001
The June 12, 2001, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Peter Moore
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Mark Sanchez
Leonard Zuniga
Javid Siminou
Patti Brindle
Michael Putnam
Ingrid Alverde
Annette Gonzalez
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Deputy Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Deputy Director of Public Works
Director of Safety Services
Sheriff's Lieutenant
City Engineer
City Planner
Performing Arts Center Manager
Economic Development Manager
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented a Certificate of Commendation to Morris and Muriel Rinehart,
San Diego County Volunteers of the Year 2001 - Poway SherifCs Station.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Steve Zuill, P.O. Box 873, addressed the Council regarding the noticing of the Poway Road
Workshops and suggested that information could have been disseminated via Poway
Today or the City's Web page.
CONSENT CALENDAR
Staff requested Item 15.1 be removed from the Consent Calendar for discussion. Deputy
Mayor Goldby requested Item Nos. 12 and 15.6 be removed from the Consent Calendar for
discussion. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to
approve the remainder of the Consent Calendar as follows:
11.
13.
Ratification of Warrant Register for the Periods of May 14-18, 2001 and May 21-25,
2001. (401-10)
Approval of Minutes - City Council
May 15, 2001 - Regular Meeting
May 22, 2001 - Regular Meeting
May 29, 2001 - Canceled Regular Meeting
Approval of City's Investment Report as of April 30, 2001.
(408-01 )
Approval of Editorial Services Contract for the City's Newsletter- Poway Todaywith
Melissa B. Tamberg, effective July 1, 2001 in an amount not to exceed $2,200
annually. (602-01 #1051)
Acceptance of the Traffic Signal Interconnect & Fiber Optic Design Project from
DBX, Inc. (602-01 #1417)
Acceptance of Offsite Improvements and Release of Securities for Parkway
Business Centre III (Performance Bond No. 167 55 32 in the amount of $212,909
and Payment Bond in the amount of $106,455), TTM 98-05; Don Mitchell, Parkway
Development III, LLC, Applicant. APNs 323-500-01, 02, 05 through 12.
(203-01/602-01 #1365)
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14.
Acceptance of Onsite Improvements and Release of Securities for Parkway
Business Centre III (Performance Bond No. 167 55 31 in the amount of $1,341,381
and Payment Bond in the amount of $670,690), TTM 98-05; Don Mitchell, Parkway
Development III, LLC, Applicant. APNs 323-500-01, 02, 05 through 12.
(203-01/602-01 #1364)
15.
Adoption of Resolution No. 01-043 - Declaring the Intention to Vacate a Portion of
Country Squire Drive South of Pedriza Drive, the Offer of Dedication for Public
Street Purposes of Portions of Lots 8 and 9, Map No. 8892, and Abutter's Rights of
Access Appurtenant to Lots 8 and 9 of Map No. 8892 In and To Country Suite Drive
and setting a public hearing date on July 10, 2001. Vacation 01-02. Retirement
Housing Foundation (RHF), Applicant. (1002-06)
15.2
Approval of Positions on Pending Legislation: Support SB 106, Abandoned Vehicle
Services Authority; change a previous opposition position on SB 667, Automated
Enfomement System to neutral; oppose AB 1199, Sales and Use Taxes:
Exemptions: Clothing and Footwear, change a previous support position on AB 81,
Property Taxation: State-Assessed Property, to neutral. (701-11)
15.3 Adoption of Resolution No. 01-044 - Commending Eagle Scout Christopher Travis
Mason. (701-17)
15.4 Approval of City of Poway Participation in the Grassroots Coordinator Network with
the League of California Cities. (1503-22)
15.5 Award of Bid for the Brighton Avenue Demolition Project to Harbor Bay, Inc. in the
amount of $111,275. (Continued from June 5, 2001, Item 16) (602-01 #310R)
Motion carried unanimously.
ITEM 1 (203-08/203-14/203-14)
COUNTY CONDITIONAL USE PERMIT MODIFICATION P74-77M(4)
DEVELOPMENT REVIEW 00-27
VARIANCE 00-19
ST. MICHAEL'S ACADEMY
APPLICANT: KARL PONATH
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to allow a phased expansion of the St. Michael's Academy and reduction of
the front yard setback at 15546 Pomerado Road. Staff is requesting this item be removed
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from the Agenda and rescheduled to June 19, 2001 to accommodate a republishing of the
Public Hearing Notice to correct the dates in the review period for the Mitigated Negative
Declaration.
There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded
by Councilmember Rexford, to remove this item from the Agenda and reschedule it for
June 19, 2001. Motion carried unanimously.
ITEM 2 (203-04)
VARIANCE 01-02
APPLICANTS: PETER AND SUSAN MACKAUF
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to allow a proposed 454 square-foot addition to the master bedroom and
study of an existing 3,158 square-foot single-family home, the addition to observe a 10-
foot street side yard setback when a 15-foot setback is required at 17005 Surry Hills
Court.
The following person was present wishing to speak:
Peter Mackauf, 17005 Surry Hills Court, spoke in opposition to staff's recommendation to
deny.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to close the
public hearing and adopt a Planning Resolution granting the variance. Motion failed 2-3
with Councilmembers Emery and Rexford and Mayor Cafagna voting "no." Motion by
Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing
and adopt Planning Resolution No. P-01-29, entitled, "A Resolution of the City Council of
the City of Poway, California Denying Vadance 01-02 Assessor's Parcel Number 273-175-
03." Motion carried 3-2 with Councilmember Higginson and Deputy Mayor Goldby voting
"no."
ITEM 3 (205-02)
FISCAL YEAR 2001-2002 & 2002-2003
COMPREHENSIVE FINANCIAL PLAN
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is the first of three scheduled public hearing regarding the City of Poway
Comprehensive Financial Program. It presents the Proposed Comprehensive Financial
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Program for the periods of FY 2001-02 and FY 2002-03. The report also includes a 5-year
fiscal forecast for the General Fund through FY 2004-05. The proposed plan is again a
two-year plan, incorporating two separate fiscal year budgets and establishing separate
appropriations
for each year.
The first year recommends a City operating budget of $50,351,370 and a Redevelopment/
Housing Services operating budget of $5,892,690. The second year, the proposed City
operating budget is increased by 3.1% to $51,929,690, while the Redevelopment/Housing
Services operating budget is reduced to $5,074,540, due to the anticipated transfer of the
Poinsettia Mobilehome Park operations.
The Financial Program's capital improvement and multi-year programs for the City and
Redevelopment Agency are limited primarily to appropriations for completion of existing
projects, and the return of budget balances for completed projects to unappropriated
source fund balances. The City's primary source of funds for capital improvements are
bond proceeds, which are anticipated to be available in June 2001. Staff is currently
preparing a 5-year capital improvement program for consideration which will designate the
use of the bond proceeds as well as other available fund sources.
The proposed General Fund budget is balanced with expenditures budgeted at 98% of
revenues, resulting in a projected surplus of close to $600,000 in FY 2001-02 and
$226,650 in FY 2002-03. The total General Fund revenue projection for FY 2001-02
reflects a decrease of approximately $200,000 from the midyear projection for the current
year. Revenues from development activity were adjusted downward in anticipation of
slowing activity. Overall development decrease is substantially offset by increased
projections for sales and property taxes of 5.7% in the first year, followed by a 4.5%
increase in the second year.
In total, the FY 2001-02 Comprehensive Financial Program for the City as proposed is
increased over the current year estimated budget by 7.1%, and by 3.1% for FY 2002-03.
Changes with significant fiscal impact include the expansion of the Fire Suppression and
Paramedic divisions for operation of a third fire station. In addition, the Budget
incorporates personnel cost increases established by employee MOUs and the recently
completed Classification and Compensation study.
The Budget Review Committee was then introduced: G.Y. "Lee" Haviland, Chairman,
Richard Howard, Vice Chairman, Barbara Lerma, Walter Metcalf and Janice Rubacky,
members.
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Chairman Haviland provided a brief PowerPoint presentation which included several
recommendations as follows: 1 ) Institute a rotational program and overlapping terms for the
Budget Review Committee; 2) involve the Budget Review Committee in the mid-year
review; 3) review the recommendation regarding library funding; and 4) with future budgets,
depict a summary of account expenses citywide versus each department.
Motion by Councilmember Higginson, seconded by Councilmember Emery, to receive the
reports and continue the public hearing to June 19, 2001. Motion carried unanimously.
ITEM 4 (602-01 #1031)
EDCO WASTE AND RECYCLING SERVICES
ADJUSTMENT TO RATES SCHEDULE
Introduction by City Manager Bowersox. At the Council Workshop held on April 6, 2000,
staff received authorization to proceed with implementation of automated single-stream
residential recycling and solid waste collection services. Staff was also asked to examine
possible ways to increase the level of recycling in the commercial sector. The rate
structure approved for residential automated collection services, has served to significantly
increase recycling collection in this service sector. An increase in the Consumer Price
Index and an increase in landfill disposal fees entitle the City's contractor, EDCO Waste
and Recycling Services, to submit a request for an annual rate adjustment. Staff directed
EDCO to propose a rate adjustment for FY 2001-02 that would provide an economic
incentive for higher volume waste generators in this service sector to recycle. Therefore,
under the proposed resolution approving a rate adjustment to EDCO's rate schedule, rates
for commercial solid waste disposal services will increase between 8-14.6% depending on
the level of service. However, the proposed increases may be offset by taking advantage
of EDCO's recycling services. Existing residential rates will not change in FY 2001-02.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to adopt
Resolution No. 01-045, entitled, "A Resolution of the City Council of the City of Poway,
California Approving an Adjustment to EDCO Waste and Recycling Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement, and
Rescinding Resolution No. 00-033." Motion carried unanimously.
ITEM 5 (602-01 #1031)
REPORT
EDCO WASTE AND RECYCLING SERVICES'
HOLIDAY COLLECTION SCHEDULE
Staff report by City Manager Bowersox. Councilmember Emery had raised concerns about
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the EDCO Waste and Recycling Services' Holiday Collection Schedule. Staffwas directed
to prepare a report to provide more information about EDCO's business practices
regarding government-recognized holidays, and the extent to which this is addressed in the
current Franchise Agreement. After the Franchise Agreement with Mashburn Waste and
Recycling Services was assigned to EDCO in July 1998, EDCO made a business decision
to reduce the number of holidays observed in those communities previously served by
Mashburn to Thanksgiving, Christmas, and New Year's Day, EDCO made this change to
be consistent with the holiday schedule for its entire San Diego County service area, and
with the holiday schedule of other waste haulers, local landfills and transfer stations in the
County. EDCO also prefers to provide service to retail outlets and restaurants that remain
open on holidays and continue to generate waste. Neither Municipal Code nor the
Franchise Agreement specifies those holidays the contractor shall observe. Amendments
to the Franchise Agreement may be negotiated at any time; they shall be made in writing
and properly executed by both parties.
ITEM 5.1 (405-01 R)
SERIES 2001
TAX ALLOCATION BONDS
Introduction by City Manager Bowersox. Overview of staff report by Administrative
Services Director Sharer. The proposed action would authorize the issuance of
approximately $80 million in new Tax Allocation Bonds, which by law must be used to
implement the Paguay Redevelopment Plan. This debt would be repaid by Tax Increment
now being generated in the Project Area and would not result in any increase in taxes.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution Nos. 01-046, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving the Issuance by the Poway Redevelopment Agency of Its Tax
Allocation Bonds, Series 2001, and Making Certain Determinations Relating Thereto," R-
01-04, entitled, "A Resolution of the Poway Redevelopment Agency Authorizing the
Issuance of Tax Allocation Bonds, Series 2001, of Said Agency in a Principal Amount of
Not-To-Exceed Eighty-Two Million Dollars ($82,000,000), Approving Certain Documents
and Taking Certain Other Actions in Connection Therewith," and Resolution No. F-01-02,
entitled, "A Resolution of the Board of Directors of the Poway Public Financing Authority
Approving a Pumhase Contract in Connection With The Pumhase and Sale of the Tax
Allocation Bonds for the Poway Redevelopment Agency, Paguay Redevelopment Project,
Series 2001, Authorizing the Executive Director to Set the Final Terms for the Purchase
and Sale of the Bonds, Authorizing Other Official Actions and Providing for Other Matters
Property Relating Thereto." Motion carried unanimously.
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ITEM 12 (1402-01 )
REVISED USE POLICY
POWAY CENTER FOR THE PERFORMING ART,~
Staff report by City Manager Bowersox. The Performing Arts Advisory Committee is
recommending that the Council adopt a new policy governing the use of the Poway Center
for the Performing Arts, which incorporates the omission of the Center and primarily
changes the policy to make the distinction between a confirmed booking and an
unconfirmed date reservation.
Deputy Mayor Goldby requested and received clarification from Performing Arts Center
Manager Putnam on the scheduling of primary holders.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, in favor of the
adoption of the Revised Use Policy and the rescinding of the Use Policy adopted January
12, 1999. Motion carried unanimously.
ITEM 15.1 (602-01 #1486)
DESIGN/SITE ANALYSIS
FIRE STATION THREE
HB & A ARCHITECTS
Staff report by City Manager Bowersox. The Council and Redevelopment Agency directed
staff to hire an architect to assist with the design and site analysis of Poway's Third Fire
Station. An RFP was issued on February 23, 2001. A committee of Safety Services,
Development Services and Administrative Services personnel reviewed proposals
submitted by six architectural firms. Of these, three were selected for interviews. The
committee interviewed the three firms and selected HB & A Architects, Inc. as the most
qualified firm for this project. Administrative Services Director Shafer added for the record,
that the agreement amount was for $25,500 and that the Agency reasonably expects to
issue the 2001 Tax Allocation Bonds series, and further expects to use some of the funds
from this issue for this project.
Motion by Councilmember Emery, seconded by Mayor Cafagna, for approval. Motion
carried unanimously.
ITEM 15.6 (601-03)
AUTHORIZATION TO SOLICIT PROPOSALS
COCA-COLA AND PEPSI
EXCLUSIVE AGREEMENT
VENDING MACHINES AT CITY PARKS/FACILITIES
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Staff report by City Manager Bowersox. The City currently has vending machines provided
at various parks and facilities without a formal agreement. The City does not receive any
revenue from the sales generated by these machines. An exclusive vending machine
contract will generate revenue to the City. In February, Council authorized staff to solicit
proposals from Coca-Cola and Pepsi for an exclusive agreement to provide cold drink
vending machines. No bids were received by the noticed deadline for the submittal. It is
recommended that staff be directed to negotiate an exclusive agreement with Pepsi or
another cold drink vending machine company and authorize the City Manager to execute
such an agreement.
Deputy Mayor Goldby stated he would again be voting against the item and expressed
concerns with this being viewed as an endorsement of a particular brand, other vendors
are not involved, soft drinks are not healthy. If the City wants a revenue source, they
should charge a franchise.
Motion by Councilmember Higginson, seconded by Councilmember Emery, in favor of
staff's recommendation. Motion carried 4-1 with Deputy Mayor Goldby voting "no."
CITY MANAGER ITEMS
16.
City Manager Bowersox thanked the Budget Review Committee for all of their hard
work.
CITY ATTORNEY ITEMS
17. City Attorney Eckis requested a Closed Session be held:
Closed Session
A. Conference with Real Property Negotiator
Government Code 54956.8
Property: 13630 Poway Road
APN 317-130-47
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Eric Isom on behalf of New Plan Excel Realty Trust,
Inc., Seller
Under Negotiation: Price and Terms of Purchase
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Deputy Mayor Goldby stated that the Weingart Senior Center had been designated
by the County as a "cool zone" for Seniors who don't have or can't afford air
conditioning during the hot summer months.
21.
Councilmember Rexford suggested that the City provide feedback to the school
district regarding attendance boundaries, and requested this item be included as an
agenda item for the Poway City Council/Poway Unified School District Joint
Subcommittee meeting. Councilmember Rexford also requested that the new
commercial rates and services provided by EDCO be discussed at the next Poway
business park Association meeting.
22A.
Mayor Cafagna provided an overview of the discussions being held regarding
RGEC options and an update on the progress. Council requested a follow up
discussion of the RGEC proposal be scheduled after July 7,2001. (1503-46)
CLOSED SESSIONS
Mayor Cafagna called for Closed Sessions as requested by the City Attorney at 9:28 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:58 p.m. with all members present and
adjourned the meeting upon motion by Councilmember Rexford and second by
Councilmember Emery at 9:59 p.m.
Lori~,nne P~oples, City Clerk r
City of Poway
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