CC 1997 04-22 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 22, 1997
The April 22, 1997, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
John Falconer
Penny Riley
Scott Nespor
City Manager
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
Sheriff's Captain
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATIONS
AD
The Mayor recognized three volunteer park rangers who recently completed
their training and were present: Mary Kay Gladwin, Jerry Tomlinson, and
Bob Coates.
Mayor Higginson presented a check for $500 to Dave Mayfield, Chair of the
Rancho Bernardo High School Grad Nite Committee, and several students who
were present. Their theme is ~Medieval Times."
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Mayor Higginson stated that Councilmember Goldby has pulled Item 6 from the
Consent Calendar. Councilmember Cafagna stated he would disqualify himself from
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voting on Item 6 because of a financial conflict of interest under the Political
Reform Act.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
6.1
Approval of Minutes - City Council:
March 25, 1997 Regular Meeting
April 1, 1997 Regular Meeting
Ratification of Warrant Register for period of March 31 - April 4, 1997.
(401-10)
Making a determination that 24 feet of paving and curb and gutter on the
east side of the private road easement is in substantial conformance with
the intent of road improvement condition in Planning Resolution No. P-89-
104 which approved Tentative Parcel Map 88-17, subdivision of 2.56 acres
located on the west side of Espola Road, approximately 400 feet south of
Del Poniente Road into four parcels; Morteza Fard and Ahmad Sedehi,
owners (203-02)
Approval of $300 community contribution for the Poway High School 24 hour
relay. (1180-05)
Motion carried unanimously with Councilmember Cafagna disqualifying himself from
Item 6.
ITEM I (701-04)
ORDINANCE NO. 473/FIRST READING
HIGH VOLUME SEWER USERS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
473, JAn Ordinance of the City of Poway, California Amending Chapter 13.04, Sewer
Regulation of the Poway Municipal Code Regarding 'High Volume Sewer Users' and
an Alternative Method for Collecting the Connection Fees."
Staff report by City Manager Bowersox. High volume sewer users are commercial
or industrial wastewater customers who discharge more than 25,000 gallons per day
into the sewer system. In an effort to remain competitive in attracting new
businesses to the City, staff has pursued an alternative method for collecting
sewer connection fees for high volume sewer users. They propose allowing sewer
capacity to be leased for the period of usage with the payments collected on the
bi-monthly sewer bill on the average daily flow calculated for that period. The
lease rate would be based on financing the connection fees at 6% over a 30 year
period.
Councilmember Goldby asked about changing the lease rate annually to correspond
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to some index like Moody's long term bond rate rather than fixing it at 6%.
Director of Engineering Services Weston stated the rate will be set in a
Resolution that will follow adoption of the ordinance and staff can look at a
variable rate.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further
reading of Ordinance No. 473, and continue the public hearing to May 6, 1997 for
second reading and adoption. When staff brings back the Resolution they will
propose some type of variable rate for the lease payments. Motion carried
unanimously.
ITEM 2 (1403-06)
WEED ABATEMENT APPEALS
City Manager Bowersox stated that the weed abatement process gives any property
owner the right to appeal the UNotice to Clean Premises" within ten days.
Notices were mailed on March 24 and no appeal has been received to date, however
the City Council can consider any oral appeals presented at the meeting.
Ann Laux, 12710 Roca Grande Drive, stated she does not have an appeal but
suggested that private parties performing large weed abatement projects be
required to notify the Fire Department and cited two small brush fires that were
started today by tractors performing weed abatement.
There was no City Council action required since no appeals were received.
ITEM 2.1 (1503-02)
SANDAG'S PROPOSAL FOR STATE-LOCAL FISCAL REFORM
Staff report by City Manager Bowersox. Several years ago, a Constitutional
Revision Commission was formed to develop recommendations for the improvement of
government in California, including the reform of manner in which services are
financed and delivered. They requested proposals for solutions and SANDAG
prepared one that suggested local government would be best served by having
revenue sources that were not dependent upon the State. It provided that local
government would give up Motor Vehicle License Fees, Gas Tax apportionments, TDA
funds and other lesser revenues in exchange for an additional one cent sales tax
and additional property taxes. There would be no new net revenues received but
local control would be the benefit. A group is working towards the goal of
having a reform package on the November, 1998 ballot since the legislature has
not taken any action and SANDAG is requesting support for their proposal.
Councilmember Emery brought this to the City Council for consideration because
MTDB and the North County Transit District have requested that the TDA 1/4 cent
sales tax remain intact. Staff recommends that SANDAG's proposal be supported
and that specific concerns of the transit agencies be considered if this proposal
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is formally considered as the preferred fiscal reform plan.
Councilmember Emery stated he would prefer to take a position in support of TDA
funding and made a motion that SANDAG's proposal be supported as long as transit
funding is specifically addressed either within the one cent sales tax or within
State legislation. Motion seconded by Mayor Higginson and carried unanimously.
ITEM 6.2 (701-11)
POSITIONS ON PENDING LEGISLATION
Councilmember Goldby stated he had pulled this from the Consent Calendar since
he is opposed to staff's recommendation on three items, AB 653, AB 896, and SB
1143.
Before discussing Councilmember Goldby's concerns, motion by Councilmember Emery,
seconded by Mayor Higginson to adopt the following positions on pending
legislation: support AB 95 which would modify the reduction and transfer
requirements of property taxes for the Educational Revenue Augmentation Fund
starting in 1997-98; support SB 880 which would freeze the Educational Revenue
Augmentation Fund shift and begin returning local property taxes to cities,
counties and special districts; support SB 1310 which would allow the governing
body of a local agency to place on the ballot a shift of 1 percent of the state's
share of the current sales tax to that City or county; support SB 11 which would
reauthorize the Citizen Option for Public Safety {COPS) program; support AB 1209
which would define a "moderate density residential district" and a 'rural
residence district" for purposes of the Vehicle Code; oppose ACA 13 which would
provide that any new debt incurred by a redevelopment agency to finance or
refinance any redevelopment project require voter approval; support HR 979 which
would increase the private activity bond volume cap from $50 to $75 per capita;
and support language that would return fines due by traffic violations to the
local agencies. Motion carried unanimously.
Councilmember Goldby stated he does not support AB 653 which would provide for
an annual adjustment to the current gasoline and diesel fuel tax. City Manager
Bowersox explained that the gas tax is a fixed amount per gallon and does not
increase with the price of gasoline and it has not changed for many years.
Councilmember Goldby stated based on that presentation he will support staff's
recommendation. Motion by Councilmember Emery, seconded by Mayor Higginson to
support AB 653. Motion carried unanimously.
Councilmember Goldby stated he will not oppose AB 869 which would permit smoking
in bars, bar areas, and gaming clubs until ventilation standards are adopted by
Cal-OSHA and the ventilation equipment installed. Since smoking is not illegal
he sees no problem with it being permitted in bars. Councilmember Emery stated
the employees in these areas should be able to work in a smoke-free environment.
Motion by Mayor Higginson, seconded by Councilmember Emery to oppose AB 869.
Motion carried 3-2 with Councilmember Goldby and Councilmember Cafagna voting
"no."
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Councilmember Goldby stated he does not support SB 1143 which would make it
unlawful to use dogs to hunt bears, bobcats, raccoons, opossums, foxes, or
coyotes and to use bait to hunt bears. Motion by Councilmember Rexford, seconded
by Councilmember Cafagna to support SB 1143. Motion carried 3-2 with Mayor
Higginson and Councilmember Goldby voting
Mayor Higginson apologized to Richard Ludwig, 12720 Metate Lane, who had turned
in a slip requesting to speak regarding AB 109 and ACA 13. These two items were
approved earlier but he was invited to address the two pieces of legislation
which could be reconsidered if the Council so desired.
Mr. Ludwig stated he was concerned that if AB 109 was approved, streets currently
designated 25 MPH would be upgraded to 35 MPH. City Manager Bowersox explained
that this legislation would give the City more flexibility to place lower speed
limits on some roads than is now possible.
Mr. Ludwig stated ACA 13 should be supported since it gives the public more
control. Motion by Councilmember Emery to change the City Council's position
from opposition to a watch. There was no second and the motion died.
CITY ATTORNEY ITEMS
o
City Attorney Eckis requested closed sessions for existing litigation,
Poway Royal Mobile Home Owners Association v. City of Poway and to decide
whether to initiate litigation in one potential case.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
12.
Councilmember Rexford stated she has become aware of an Off-Highway
Vehicle Park being proposed for Slaughterhouse Canyon and requested the
City Council go on record to oppose it. Councilmember Goldby asked where
the off-road vehicles will go if there is no place provided for them.
Motion by Councilmember Emery, seconded by Mayor Higginson to oppose an
Off-Highway Vehicle Park in Slaughterhouse Canyon. Motion carried 3-2
with Councilmember Cafagna and Councilmember Goldby voting "no.'
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 7:50 p.m. as
requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:10 p.m. with all
Councilmembers present and adjourned on motion by Councilmember Emery, seconded
by Councilmember Rexford.
rjoKie~K. Wahlsten, City Clerk
City ~_~way
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