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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 6O58 Page 2 - CITY OF POWAY - April 22, 1997 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 6059 Page 3- CITY OF POWAY - April 22, 1997 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 6060 Page 4 - CITY OF POWAY - April 22, 1997 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." 6061 Page 5 - CITY OF POWAY - April 22, 1997 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 6062