CC 2002 06-25CITY OF POWAY, CALIFORNA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 25, 2002
The June 25, 2002, 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
Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna
COUNClLMEMBERS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Steve Eckis
Lori Anne Peoples
Warren Shafer
Peter Moote
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Mark Sanchez
Linda Barnett
Javid Siminou
Patti Brindle
Jim Lyon
Scoff Edwards
City Manager
Deputy City Manager
City Attorney
City Clerk
Director of Administrative Services
Deputy Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Works
Assistant Director of Public Works
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Associate Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
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Louis Tooch, 14105 Powers Road, made inquiry regarding land use and zoning maps.
Kathleen Hill, 12900 Camino del Valle, requested increased enforcement and
expressed concern about traffic congestion near Poway High School.
CONSENT CALENDAR
Councilmember Goldby requested Item #13 be removed from the Consent Calendar
for discussion. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery,
to approve the remainder of the Consent Calendar as follows:
Ratification of Warrant Register for the Period of May 27 through May 31,2002.
(401-10)
Adoption of Resolution No. 02-062, entitled, "A Resolution of the City Council of
the City of Poway, California Adopting an Appropriations Limit for Fiscal Year
Ending June 30, 2003." (401-23)
Adoption of Resolution No. P-02-32, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Temporary Use Permit 02-49," for an
"Old Fashioned Fourth of July Celebration" at Old Poway Park, 14134 Midland
Road, from 10:00 a.m. to 4:00 p.m., and the fireworks display at Poway High
School located at 15500 Espola Road from 9:00 p.m. to 9:30 p.m. on Thursday,
July 4, 2002. (203-07)
10.
Approval of Lease Agreement between the City of Poway and Sprint PCS Assets
for the Installation and Operation of a Telecommunications Facility at the Public
Works Operation Center located at 14445 Lake Poway Road. APN: 278-431-37.
(602-01 #1543)
11.
Approval of Renewal of Standard Agreements with Michael Chillinsky and Dale
Partusch for Part-Time Fire Inspection Services. (602-01 #1197, #1459)
12.
Award of Bid for the Poway Center for the Performing Arts Orchestra Lift Project,
Project No. 1538C to Service on Standby, Inc., in the amount of $99,900.00.
(602-01 #1544)
14.
Acceptance of the Fiscal Year 2001/2002 Citywide Striping Contract from
Luzaich Striping, Inc. (602-01 #1502)
15.
Adoption of Resolution No. 02-063, entitled, "A Resolution of the City Council of
the City of Poway, California Approving the Application for Grant Funds from the
State of California Energy Commission Traffic Signal Battery Backup Systems
Grant Program." (401-30)
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15.1
Adoption of Resolution Nos. 02-064, 02-065, 02-066, 02-067, 02-068, 02-069,
02-070, 02-071, 02-072, 02-073, - Commending Eagle Scouts Cortland A.
Blomquist, Justin Bramwell, Nathan Capelo, Daniel Hainline, David Hamilton,
Jason Ingram, Jordan Stone, D. Kevin Swain, Blake Tengberg and Brett
Tengberg. (701-17)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM I (701-04/702-00)
ORDINANCE NO. 559/FIRST READING
TRANSIENT OCCUPANCY TAX INCREASE
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 559, "An
Ordinance of the City of Poway, California, Amending Chapter 3.16 of the Poway
Municipal Code to Increase the Transient Occupancy Tax to Ten Percent." Staff report
by City Manager Bowersox. At its June 11, 2002 meeting, the City Council directed
staff to prepare the documents necessary to submit to the voters, a measure on the
November 2002 ballot which would increase the Transient Occupancy Tax (TOT) to 10
percent which is 4 percent above the current 6 percent.
The following person was present wishing to speak:
Joe St. Lucas, 13033 Earlgate Court, addressed the City Council about the concept of
exempting Poway residents who stay at Poway hotels from TOT.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to read the title
and waive further reading of the Ordinance. Motion carried 4-0 with Councilmember
Higginson absent. Motion by Deputy Mayor Emery, seconded by Councilmember
Rexford, to continue the public hearing to July 9, 2002 for second reading and adoption
of the Ordinance and Resolution. Motion carried 3-1 with Councilmember Goldby voting
"no" and Councilmember Higginson absent.
ITEM 2 (701-04)
ORDINANCE NO. 560/FIRST READING
WATER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 560, "An
Ordinance of the City of Poway, California Amending Chapter 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges, and Establishing Water Rates."
Staff report by City Manager Bowersox. The City adopts water charges on a calendar
year basis. This report recommends adjustments of approximately 5.8% for most
customers in calendar year 2003.
There was no one present wishing to speak.
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Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to read the title,
waive further reading and continue the public hearing to July 9, 2002 for second reading
and adoption. Motion carried 4-0 with Councilmember Higginson absent.
ITEM 3 (701-04)
ORDINANCE NO. 561/FIRST READING
SEWER SERVICE CHARGES AND RATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 561, "An
Ordinance of the City of Poway, California, Amending Chapter 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Service Charges, and Establishing Sewer Rates."
Staff report by City Manager Bowersox. The City adopts sewer charges on a fiscal year
basis. This report recommends an average adjustment of 4% to the single-family sewer
rate plus an additional $1 for the bimonthly replacement reserve charge. For
commercial/industrial and multifamily customers, it recommends an average commodity
charge adjustment of 1.1%, no change to the sewer service charge and variable
adjustments to the replacement reserve charge based on water meter capacity.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to read the title,
waive further reading and continue the public hearing to July 9, 2002 for second reading
and adoption.
ITEM 4 (205-02)
FISCAL YEARS 2001-2002 AND 2002-2003
COMPREHENSIVE FINANCIAL PROGRAM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
June 26, 2001, the Council approved the FY 2001-02 and FY 2002-03 two-year
Financial Program. The Program established City operating budgets of $50,745,220
and $52,065,470 respectively, and Redevelopment/Housing Services operating budgets
of $5,892,690 and $5,074,570. In addition, the Program funded $2,418,820 for City and
Redevelopment Agency capital improvement projects and multi-year programs. The
General Fund Budget as adopted was balanced for both fiscal years, in which revenues
exceeded the expenditures by $341,024 and $159,717 respectively.
Staff has updated its midyear evaluation for FY 2001-02 and has also reviewed the
status for the FY 2002-03 Financial Program for necessary changes that have been
identified since the midyear review and the original budget adoption. This report
recommends changes as a result of this evaluation.
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Staff is now projecting that FY 2002-2003 will close with a General Fund surplus of
$98,039. Precautionary steps are recommended due to the State's well-known financial
problems. A relatively minor loss of $100,000 to the City is projected but a major
concern is the proposed raid of Redevelopment Agencies. This is estimated to be a
potential loss of $860,000 in Tax Increment. The size of the current State deficit
(approximately 25% of the State's General Fund) is so large it may take several years to
completely be resolved.
Proposed precautionary steps recommended are to not fill certain positions, including
the staffing for Fire Station No. 3, until the State Budget is adopted and we know for
certain the impacts on the City/Agency. Second, to create a new State economic
uncertainty fund by designating $2,000,000 of the approximately $14,000,000 general
fund balance to be used in subsequent years in the event the State elects to reduce
local funding. The creation of this fund would provide a buffer that will allow the staffing
for Fire Station No. 3 to proceed this year, assuming the State budget is adopted as
expected.
The largest increase in both the General Fund's revenues and expenditures was
caused by the budget related to the National Pollution Discharge Elimination System
(NPDES). It accounted for approximately one million dollars of the increase in both
revenues and expenditures. The remaining revenue increase is composed of several
different items. The gas and electric franchise fee is anticipated to be $246,450 higher
than originally budgeted because of higher revenues for the franchisee. Because
property values have continued to rise, the revenue from property taxes is expected to
be $215,000 higher than originally budgeted. Primarily based on the addition of new
business, it is proposed to increase the sales tax estimate by $186,200. Finally, based
on the current State estimate, the City's share of the Motor Vehicle In-Lieu Tax will be
$163,880 greater than currently budgeted. However, this is one of the revenues at risk
every time the State begins to look for additional funding, in total, General Fund
revenues are projected to increase by $2,230,250 or 8.7%.
In total, the Financial Program for FY 2002-03 will increase from the approved total of
$52,065,470 to $55,170,190 for the City and from $5,074,540 to $5,794,420 for the
Redevelopment Agency. The majority of the Redevelopment Agency's increase is
related to the inclusion of budgets for the Poinsettia Family and Senior Mobilehome
Parks. Although it is anticipated that these parks will no longer be under City control at
some point during the upcoming fiscal year, in order to be in compliance with the bond
covenants, it is necessary to adopt these budgets for the entire year.
There was no one present wishing to speak.
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Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the
public hearing, receive the report and adopt Resolution No. 02-074 entitled, "A
Resolution of the City Council of the City of Poway, California Approving Amendments
to the City's Financial program for Fiscal Years 2001-2002 and 2002-2003," and
Resolution No. R-02-09 entitled, "A Resolution of the Poway Redevelopment Agency
Approving Amendments to the Agency's Financial Program for Fiscal Years 2001-2002
and 2002-2003." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 01-19
APPLICANT: SPRINT PCS/COX COMMUNICATIONS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to install a telecommunications facility consisting of antennas mounted
to an existing building and ground-mounted equipment at the Poway Operations Center
located at 14445 Lake Poway Road. ^PN: 278-431-37.
The following people were present wishing to speak:
Steve Singer, 14390 Trailwind Road, spoke in opposition to the placement of the
antennas.
John Stafford, 14380 Trailwind Road, spoke in opposition to the placement of the
antennas.
Gerald Merrick, 9275 Sky Park Court, San Diego, representing Sprint PCS, spoke in
support and responded to questions of the Council and concerns of the public.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing, receive the report and adopt Planning Resolution No. P-02-33 entitled,
'% Resolution of the City Council of the City of Poway, California Approving Conditional
Use Permit 01-19 Assessor's Parcel Number 278-431-37." Motion carried 3-1 with
Councilmember Rexford voting "no" and Councilmember Higginson absent.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 02-07
DEVELOPMENT REVIEW 02-07
CITY OFFICE BUILDING
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
Staff report by Deputy City Manager Riley. This is a request to construct a 50,400-
square-foot City Office Building and a 5,900-square-foot City Council Chambers at
13325 Civic Center Drive.
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The following people were present wishing to speak:
Jay Mehlman, 12911 Creek Park Drive, spoke in support of the project and thanked
staff for working so closely with the neighbors.
Tom Scott, 13038 Creek Park Drive, spoke in support of the project, thanked staff for
working so closely with the neighbors and expressed that there were still some
concerns regarding outdoor amplification.
Dee Fleischman, 15070 Pomerado Road expressed her views on the project design
and landscaping.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the
public hearing, receive the report and adopt Planning Resolution No. P-02-34 entitled,
"A Resolution of the City Council of the City of Poway, California Approving Conditional
Use Permit 02-07 and Development Review 02-07 for a 50,400-square-foot City Office
Building and 5,900-square-foot City Council Chambers and Rescinding Resolution No.
P-90-12 Assessor's Parcel Number 317-474-07, 08 and 09." Motion carried 4-0 with
Councilmember Higginson absent.
ITEM 13 (1110-01)
CITY MANAGER AUTHORITY
REGIONAL ARTERIAL SYSTEM
The San Diego Association of Governments (SANDAG) requested the Council pass a
resolution delegating authority to the City Manager to make recommendations to add
streets to the Regional Arterial System.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to adopt
Resolution No. 02-075 entitled, '% Resolution of the City Council of the City of Poway,
California Confirming that the Authority for Recommending Additions to the Regional
Arterial System has been Delegated to the City Manager." Motion carried 4-0 with
Councilmember Higginson absent.
CITY ATTORNEY
17A.
City Attorney Eckis requested a Closed Session
Conference with Real Property Negotiator per Government Code §54956.8
Property: 12430 Poway Road APN: 317-540-73
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
G. William Dunster, Seller
Under Negotiation: Price and Terms of Purchase
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
21.
22A.
Councilmember Goldby requested an update on the City's Emergency
Preparedness and suggested a tabletop exercise be held to practice.
Councilmember Rexford made inquiry as to the use of the City Vactor trucks.
Mayor Cafagna provided a brief verbal update on Regional Governance Options.
(1503-46)
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 9:10
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:24 p.m. adjourned the meeting at
9:25 p.m. upon motion by Councilmember Rexford, seconded by Councilmember
Goldby, Motion carried 4-0 with Councilmember Higginson absent.
-~ol~i Anne Peoples, City Cl&k
City of Poway
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