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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. 7260 Page 2 - CITY OF POWAY - June 12, 2001 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) 7261 Page 3 - CITY OF POWAY - June 12, 2001 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 7262 Page 4 - CITY OF POWAY - June 12, 2001 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 7263 Page 5 - CITY OF POWAY - June 12, 2001 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. 7264 Page 6 - CITY OF POWAY - June 12, 2001. 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 7265 Page 7 - CITY OF POWAY - June 12, 2001 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. 7266 Page 8 - CITY OF POWAY - June 12, 2001 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 7267 Page 9 - CITY OF POWAY - June 12, 2001 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 7268 Page 10 - CITY OF POWAY- June 12, 2001 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 7269