CC 1996 07-23 CITY OF POgAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 23, 1996
The July 23, lg96, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Deputy Mayor Cafagna at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Alan Fulmer
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PRESENTATION
Deputy Mayor Cafagna presented a Business Enhancement Award to Dr. L. A.
Weiderrich for the improvements to the Weiderrich Chiropractic Clinic at 14103
Poway Road.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Cafagna explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Peggy Collette, 13969 Bernadotte Lane, clarified that she is asking the
City Council to adopt a "Bad Boy Act" to apply to all contracts, not just the
trash franchise as stated by the City Manager.
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CONSENT CALENDAR
Deputy Mayor Cafagna stated that Item 14, award of bid for Midland Road/Del
Poniente Sewer Line, will be continued one week to July 30, 1996.
Motion by Councilmember Callery, seconded by Councilmember Rexford, to adopt the
Consent Calendar as follows:
Approval of Minutes - City Council
May 28, 1996, Regular Meeting
June 4, 1996, Regular Meting
June 11, 1996 Regular Meeting
June 18, 1996, Regular Meeting
Ratification of Warrant Register for periods of June 24-28, July 1-5,
1996. {401-10}
10.
Acceptance of report of Administrative Action taken on City Council-
Initiated and Public Inquiry Items through July 1, 1996. (701-10)
11.
Award of bid for Pomerado Creek Flood Control Improvements (5420A) to
Marquez Construction Inc. in the amount of $907,384.33, which includes the
base bid for flood control features and additive landscaping features g
and 12 through 21. (602-01 #254R)
12.
Authorization to escheat certain unclaimed checks and return funds to the
City's General Fund. (401-06)
13.
Adoption of Resolution No. 96-080, entitled "A Resolution of the City
Council of the City of Poway, California, Successor Agency to the Poway
Municipal District, Amending Section 11.13 of Resolution No. 907-77
Establishing Rules and Regulations Governing Water Service and Rescinding
Resolution No. 91-124"; Modification to Backflow Prevention Device
Requirement. (1204-05)
14.
Continued Award of bid for Midland Road/Del Poniente Sewer Line to
Underground Utilities, Inc. in the amount of $260,246.40 to July 30, 1996}
(602-01, #1157)
15.
Adoption of Resolution No. 96-081, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing an All-Way Stop at
Sunset View Road and Alora Street." {Confirming action taken July g, 1996,
Item 19} {1160-01}
15.1
Approval of extension of agreement with Bob Wilson to June 30, 1997, to
provide services in legislative advocacy and governmental affairs in
matters affecting cities in California on behalf of the City of Poway and
the Redevelopment Agency. {602-01 #983 and #1ggR)
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15.2
Adoption of the following positions on pending legislation: oppose AB 2345
which would eliminate the current mandatory penalty assessment for truck
weight violations. (701-11)
Motion carried 3-0 with Councilmember Emery and Mayor Higginson absent.
ITEM 5 (602-01 #253R)
DISPOSITION & DEVELOPMENT AGREEMENT
BOWRON ROAD GROUP LTD. PARTNERSHIP
Deputy Mayor Cafagna opened the public hearing. Staff report by City Manager
Bowersox. Staff recommends this item be continued to July 30, 1996 to allow the
attorneys time to do some additional research and restructure the Disposition &
Development Agreement if necessary.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to continue
consideration of this item to July 30, 1996. Motion carried 3-0 with
Councilmember Emery and Mayor Higginson absent.
ITEM 6 (1163-01)
PARKING RESTRICTIONS ON LA MANDA DRIVE
Staff report by City Manager Bowersox. On June 11, 1996, the City Council
adopted Resolution 96-050 which removed a portion of existing parking
restrictions on La Manda Drive. Residents have expressed concerns about this
removal and staff is recommending reversal of that action.
Motion by Councilmember Callery, seconded by Councilmember Rexford, to adopt
Resolution No. 96-082, entitled, "A Resolution of the City Council of the City
of Poway, California Establishing No Standing or Parking Zones on La Manda Drive
and Rescinding Resolution No. 96-050." Motion carried 3-0 with Councilmember
Emery and Mayor Higginson absent.
ITEM 6.1 (1180-05)
FRANCHISE FEE REVENUE DONATION
Staff report by City Manager Bowersox. For the past two years, the City Council
has authorized donation of cable television franchise fees derived from adult
cable programming to nonprofit family and social service organizations. Staff
recommends the City Council authorize the donation for 1996-97.
Motion by Councilmember Rexford, seconded by Councilmember Callery, to
appropriate $1,1218 from the reserve fund to be donated equally to For Parents
and Kids' Sake and Escondido Youth Encounter (EYE).
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Motion carried 3-0 with Councilmember Emery and Mayor Higginson absent.
ITEM 6.2 (701-04)
ORDINANCE NO. 466/URGENCY
PROHIBITING NUDITY IN ADULT BUSINESSES
Deputy Mayor Cafagna read the title of Ordinance No. 466, "An Interim Urgency
Ordinance of the City of Poway, California Prohibiting Nudity and Specified
Activities in Adult Businesses."
Staff report by City Attorney Eckis. The Poway Municipal Code contains a general
prohibition against public nudity and regulations regarding adult businesses.
Construed together total nudity is not allowed in any adult business. Other
cities are engaged in litigation with an adult business applicant who is
contending that the general prohibition cannot be applied to an adult business.
The Planning Services Department was recently contacted by a potential applicant
regarding establishing an adult business in Poway. Staff has prepared an
urgency ordinance prohibiting nudity in adult businesses. A report will be
prepared before the expiration of the ordinance in forty-five days regarding
regulation of adult businesses.
Motion by Councilmember Rexford, seconded by Councilmember Callery to adopt
Ordinance No. 466; direct staff to prepare a draft zoning proposal to regulate
comprehensively adult businesses and bring it to the Council prior to expiration
of the interim ordinance; prepare a written report describing measures taken to
alleviate the conditions which led to adoption of the ordinance and bring it to
Council on August 27, 1996; and notice a public hearing for September 3, 1996 to
consider extension of the interim ordinance. Motion carried 3-0 with
Councilmember Emery and Mayor Higginson absent.
CITY MANAGER ITEMS
16A.
City Manager Bowersox reported that the Board of Supervisors has approved
a library authority for the purpose of putting a one-quarter cent sales
tax for libraries on the November 5, 1996 ballot. Staff will bring a
report to the City Council on July 30, 1996 to discuss appointing a
Councilmember to serve on the Authority and potential support for the
ballot measure.
16B.
City Manager Bowersox stated that the San Diego County Water Authority
announced today an agreement with Imperial Irrigation District regarding
transfer of water from IID to SDCWA. They have requested a meeting with
the City Council to bring them up to date and staff will schedule a
workshop.
16C.
City Manager Bowersox stated the Board of the Palomar College District is
planning to hold a regular Board meeting in Poway on August 13 and will be
inviting the City Council to join them as they tour potential college
sites.
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16D,
City Manager Bowersox commended Director of Administrative Services
Stewart and her staff for the 15th consecutive Certificate of Achievement
from the Government Finance Officers Association for the Annual Financial
Report.
MAYOR AND CITY-COUNCIL INITIATED ITEMS
22.
Deputy Mayor Cafagna, on behalf of Mayor Higginson, requested and received
concurrence from the City Council to hold a pre-development conference on
August 15, 1996 with Pacific Bell Mobile Services to place a
telecommunication facility at the Poway Reservoir on Boca Raton Lane.
ADJOURNMENT
Deputy Mayor Cafagna adjourned the meeting at 7:23 p.m. on motion by
Councilmember Callery, seconded by Councilmember Rexford.
M jo ie ~. Wahlsten, City Clerk
City of '~o~ay
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