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CC 1996 03-05 CITY OF POgAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 5, 1996 The March 5, 1996, 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, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Steve Streeter Steve Blackwood Garry MacPherson Marijo VanDyke Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Sheriff's Lieutenant Fire Marshal Associate Planner Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: John Doughty, 13621 Poinsettia Drive, stated they have had a problem in the Poinsettia Mobile Home Park with the sewage system. He commended David Narevsky, Redevelopment Services Manager, for his professionalism in dealing with this problem. City Manager Bowersox concurred there has been a problem and stated they will have a permanent solution soon. Vicki Campbell, 12307 Oak Knoll Road, aide to Assemblyman Goldsmith, gave a legislative update. 5749 Page 2 - CITYOF POWAY - March 5, 1995 MAYOR AND CITY COUNCIL-INITIATED ITENS Mayor Higginson stated that Councilmember Rexford has to leave the meeting early and announced he would move her item up in the agenda. 16A. Councilmember Rexford stated she is requesting the City Council take a formal position in opposition to mountain lion trophy hunting, which will be reinstated if Proposition 197 passes. Speaking in favor of Councilmember Rexford's recommendation: Duncan McFetridge, 8966 Riverside Drive, Cleveland Forest Foundation. Mayor Art Madrid, 8130 Allison, La Mesa, Cris Waller, 2014 Talon Way, San Diego, Wildlife Protection Committee. Descanso, President of the representing the California Motion by Councilmember Emery, seconded by Councilmember Callery to take a position in opposition to Proposition 197. Motion carried unanimously. CONSENT CALENDAR Motion by Mayor Higginson, seconded by Councilmember Callery to approve the Consent Calendar, as follows: Ratification of Warrant Register for period of February 12-16, 1996. (401-10) e Rejection of single bid received for four-wheel drive utility trucks; approval of waiver of formal bid process; authorization for staff to shop the open market for used vehicles. (601-03) 10. Adoption of Resolution No. 96-018, entitled, "A Resolution of the City Council of the City of Poway, Approving and Authorizing Participation by the City of Poway in the Memorandum of Understanding for Trans-County Trail," between the City of Poway, U. S. Forest Service, City of San Diego, County of San Diego, and State of California. (602-01 #1132) 10.1 Approval of extension of law enforcement contract to June 30, 1996. (602-01 #59) Motion carried unanimously. ITEM 4 (701-04) PARKS & RECREATION RULES & REGULATIONS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. A public hearing to consider changes to the Parks & Recreation Rules 575O Page 3 - CITY OF POWAY - March 5, 1996 & Regulations was scheduled for this meeting, however, staff is now recommending this item be removed from calendar and readvertised because of additional work that needs to be done. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna to remove consideration of this item from the agenda. Motion carried unanimously. (Councilmember Rexford left the meeting at 7:25 p.m.) ITEM 5 {701-04} ORDINANCE NO. 458/FIRST READING 1994 FIRE CODE ADOPTION Mayor Higginson opened the public hearing and read the title of Ordinance No. 458, "An Ordinance of the City of Poway, California, Repealing Chapter 15.24 of the Poway Municipal Code and Restating Chapter 15.24 in its Entirety which Adopts by Reference the Uniform Fire Code, 1994 Edition, with Certain Amendments, the Uniform Fire Code Standards, 1994 Edition, and National Fire Protection Association Standards 13-D, 1994 Edition, and 13-R, 1994 Edition." Staff report by City Manager Bowersox. Every three years, the International Fire Code Institute publishes a new fire code text. Cities, counties and fire districts adopt the code along with amendments to reflect particular challenges unique to that region or necessary to provide fire protection consistent with the community's ability to prevent, respond or mitigate fire/and or building hazards. Two significant changes are an increase from our current 2,500 to 5,000 square foot threshold for fire sprinklers in commercial structures; and allowing storage of flammable and combustible liquids in above-ground storage tanks. Fire Battalion Chief Garry MacPherson answered questions from the Council. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive further reading, issue a Negative Declaration and continue the public hearing to March 19, 1996 for second reading of the Ordinance. Motion carried 3-1 with Councilmember Emery voting "no" and Councilmember Rexford absent. ITEM 6 (203-24) MINOR CONDITIONAL USE PERMIT 96-01 DEVELOPMENT REVIEW 96-01 APPLICANT: JIM PIVA, POMERADO EQUIPMENT RENTAL Mayor Higginson opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. This is a request to construct an equipment rental 5751 Page 4 - CITY OF POWAY - March 5, 1996 yard at 12270 Oak Knoll Road. Staff recommends approval. Speaking in favor of staff recommendation: Jim Piva, 12270 Oak Knoll Road Fred Day, Executive Director of the Chamber of Commerce Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-96-11, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 96-01, Development Review 96-01, Assessor's Parcel Number 317-151-61." Motion carried 4-0 with Councilmember Rexford absent. ITEM 7 (203-02) TENTATIVE PARCEL MAP 95-04 APPLICANT: KIRKHAM STOWE, INC. Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide a 12.82 acre site into three parcels in the Scenic View Business Park in the 12500 block of Kirkham Court and Stowe Drive. This is in the South Poway Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-96-12, entitled, "A Resolution of the City Council of the City of Poway, California approving Tentative Parcel Map 95-04, Assessor's Parcel Number 317-224-01 and 317-225-04, 05." Motion carried 4-0 with Councilmember Rexford absent. CITY ATTORNEY ITEHS 12. City Attorney Eckis stated he had scheduled closed sessions as follows: A. Conference with Real Property Negotiator (§54956.8) Property: East of I-5, south of Via de la Valle, west of E1Camino Real Neqotiatinq Parties: San Dieguito River Valley Joint Powers Authority , Diane Coombs (buyer); City of San Diego/San Dieguito Partnership (seller) Under Neqotiation: Price and terms of purchase Conference with Legal Counsel -- Existing Litigation -- §54956.9(a) Case: Poway Property Owners Group v. City of Poway San Diego Superior Court Case No. N069334 Case: Poway Property Owners v. the United States of America U.S. District Court No. 95-2735-1EG-(CGA) 5752 Page 5 - CITY OF POWAY - March 5, ]996 The first one does not have to be heard at this meeting and he will schedule for the next meeting. The others should be held at this meeting. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Callery requested that a bronze plaque be prepared and placed in the City Council Chambers honoring Bill Jensen who has volunteered for the City and other organizations in the community for many years. He has terminal bone cancer and such an honor is appropriate. Councilmember Emery suggested it be placed in the lobby or another location that is easier seen by the public. Motion by Councilmember Emery, seconded by Councilmember Callery that staff be authorized to order a bronze plaque honoring Bill Jensen, The placement will be determined. Motion carried 4-0 with Councilmember Rexford absent. 15. Councilmember Emery requested three items be put on the March 12, 1996 agenda for discussion: 1) direction to City Attorney to cooperate with others in investigating legal remedies to Marines moving to Miramar Air Station; 2) directing the Mayor to write the La Mesa City Council regarding their proposed action to make it easier to get concealed weapon permits; and 3) extending the closing time for City parks. 17. Mayor Higginson presented a fifteen year service award to City Manager Bowersox. ADJOURNMENT Mayor Higginson adjourned the meeting at 8:35 p.m. on motion by Councilmember Cafagna and seconded by Councilmember Emery. Marjor!ie K. Wahl City of Poway sten, City Clerk 5753