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CC 1994 05-24 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 24, 1994 The May 24, 1994, 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 Mickey Cafagna, Susan Callery, Bob Emery, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Tony Snesko STAFF MEMBERS PRESENT James Bowersox Steve Eckis John Fitch Bob Thomas Randy Williams Penny Riley Marie Lofton City Manager City Attorney Assistant City Manager Director of Community Services Director of Public Services Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PROCLAMATIONS Mayor Higginson proclaimed June 4, 1994 as "National Trails Day," and presented the proclamation to Deanne Erickson, Chairperson of the City's Parks & Recreation Committee. Mayor Higginson noted that Item 14.1 on the Consent Calendar approves a name change for the 2~ mile trail link that connects the Poway and Ramona trails, from the Mount Woodson Trail Extension to the Fry/Koegel Trail in recognition of Mike Fry, a Poway resident, and Norman Koegel, a Ramona resident, who designed and constructed the link. It will be dedicated at 10:00 a.m. on June 4. PRESENTATIONS Marijo Bandy, representing Target Stores, presented Mayor Higginson with a check in the amount of $3,000 to support the Lake Poway summer concert series. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. Betty Ann Plunkett, 14877 Sunrise Drive, Vice President of Palomar Council PTA, presented an Honorary Service Award to Councilmember Susan Callery in special recognition for outstanding service to children and youth. 5221 Page 2 - CITY OF POWAY - May 24, 1994 o Sylvia Nicpon, 13325 Buena Vista, President of Poway Royal Mobilehome Owners Association, spoke in opposition to the donation of a mobile home at Poway Royal Estates by a private citizen to the City. This was approved by the City Council on May 17, 1994. She stated it will further depreciate home values in the Park. She also stated investors currently own multiple units in the park in violation of the rules and regulations which state that only owners or their immediate family may occupy a unit. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 8. Ratification of Warrant Registers - April 28, May 5, 1994. (401-10) Adoption of Planning Resolution No. P-94-25, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 94-32," Poway Chamber of Commerce, applicant, for a street fair on Midland Road between Adrian and Edgemoor, May 29, 1994. (203-07) 10. Appropriation of $4,400 to cover production costs of "Centerpiece" Magazine. Offsetting advertising sales revenue has been received. (401-13) 11. Approval of one-year extension of contract with Heaviland Enterprises, Inc. for the landscape maintenance of LMD 83-1 (Twin Peaks Plaza, Poway 16) and LMD 86-1 (Piedmont Park and Stone Canyon Ranch). (602-01 #875) 12. Approval of 10 year lease agreement with Felipe Castro for the Lake Poway concession; and adoption of Resolution No. 94-055, entitled, "A Resolution of the City Council of the City of Poway, California Finding that the Leasing of the Lake Poway Concession and Bait and Tackle Shop is not Required for any Other City Purpose." (602-01, #408) 13. Approval of City's Investment Report ending April 30, 1994. (408-01) 14. Approval of support for SB 1839 which is intended to transform housing element law into a performance-based program that provides incentives to encourage affordable housing. (Pulled from May 10, 1994, Item 24). (701-11) 14.1 Approval to change the name of the 2~ mile trail link that connects the Poway and Ramona trails, known as the Mount Woodson Trail Extension, to the Fry/Koegel Trail in recognition of Mike Fry, a Poway resident, and Norman Koegel, a Ramona resident, who designed and constructed the link connecting the Ramona and Poway trail system. (1404-05) Motion carried 4-0 with Councilmember Snesko absent. ITEM 5 (1206-02) COX CABLE BASIC SERVICE Mayor Higginson stated that because of new FCC regulations effective May 15, 1994, staff recommends continuance of consideration of appropriate rates for Cox Cable's basic tier cable services to June 28, 1994 5222 Page 3 - CITY OF POWAY - May 24, 1994 There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery, to continue the public hearing to June 28, 1994. Motion carried 4-0 with Councilmember Snesko absent. ITEM 6 (1206-05) SOUTHWESTERN CABLE BASIC SERVICE Mayor Higginson stated that because of new FCC regulations effective May 15, 1994, staff recommends continuance of consideration of appropriate rates for Southwestern Cable's basic tier cable services to June 28, 1994. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery, so continue the public hearing to June 28, 1994. Motion carried 4-0 with Councilmember Snesko absent. ITEM 7 (1401-01) LOCATION FOR SKATEBOARD PARK Mayor Higginson stated since Councilmember Snesko had originally requested consideration of a skateboard park and is absent from this meeting, this item should be continued to June 14, 1994. Motion by Councilmember Callery, seconded by Councilmember Emery, to continue consideration of a proposed location for a skateboard park to June 14, 1994. Motion carried 4-0 with Councilmember Snesko absent. ITEM 7.1 (602-01 #1023) SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT Staff report by City Manager Bowersox. Staff is recommending approval of City's membership in the San Diego Solid Waste Management Authority to best meet Poway's future solid waste disposal needs. There are still several issues that need to be resolved, including resolution of the financing; questions around the NCRRA plant in San Marcos; siting of new landfills; and funds for the closure of existing landfills, but having participated as part of the management committee, City Manager Bowersox stated he feels it is better to be a member and part of the decision making process. City Attorney Eckis stated there is one change in the agreement since it was last discussed by the City Council. This is the weighted vote provision for early termination within 30 days after June 1, 1994. The maximum number of votes for any agency has been changed from 40 to 50 according to population. If the County has less than 50% of the total population of the members they can block any attempt at early termiantion. Based on the cities that have joined and those that are likely to join, the County is likely to have more than 50% of the total population. 5223 Page 4 - CITY OF POWAY - May 24, 1994 Council discussed what the reaction of the County was likely to be if all the cities joining wanted to terminate the agreement within the 30 day time frame; the exposure and liability of the cities; transfer dates of assets to be assumed by the Agency; and the liabilities and responsibilities of cities who have chosen not to join the JPA. Motion by Councilmember Emery, seconded by Councilmember Cafagna, to adopt Resolution No. 94-056, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the City of Poway to Enter Into the San Diego Solid Waste Management Authority Joint Powers Agreement." Motion carried 4-0 with Councilmember Snesko absent. CITY ATTORNEY ITEMS 16. City Attorney Eckis announced that he has filed Poway's opposition to SDG&E's Motion for Summary Judgement regarding the gas pipeline in Pomerado Road. He has filed copies with the City Clerk's Office and they are available on request. MAYOR AND CITY COUNCIL-INITIATED ITEMS 2i. A) Mayor Higginson announced that due to prior commitments by Council, the June 9, 1994, workshop will be canceled. B) Mayor Higginson announced that both the Mayor and the Deputy Mayor will be absent at the regular meeting of July 19, 1994. ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Callery, Mayor Higginson ordered the meeting adjourned. The time of adjournment was 7:56 p.m. M~rjor-iie ~. Wahlsten, City Clerk Cityo~ay 5224