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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. 5864 Page 2 - CITY OF POWAY - July 23, 1996 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) 5865 Page 3 - CITY OF POWAY - July 23, 1996 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). 5866 Page 4 - CITY OF POWAY - July 23, 1996 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. 5867 Page $ - CITY OF POWAY - July 23,1996 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 5868