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CC 1997 04-29 CITY OF POWAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETING APRIL 29, 1997 The April 29, 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. COUNCILHENBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Betty Rexford, Don Higginson COUNCILMENBERS ABSENT AT ROLL CALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Steve Blackwood Penny Riley Patrick Foley Scott Nespor City Manager City Clerk City Attorney 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 Assistant to the City Manager Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PROCLANATION Mayor Higginson proclaimed May 10, 1997 as "Poway Dog Day" and presented the proclamation to Bob Burkhardt who stated their fund raising for lights is going well. He introduced Edwin Lopez who is one of the co-chairs for fund raising. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6O63 Page 2 - CITY OF POWAY - April 29, 1997 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 5. Ratification of Warrant Register for period of April 7-11, 1997.(401-10) e Approval of City's Investment Report for period ending March 31, 1997. (408-01) e Adoption of Planning Resolution No. P-97-21, entitled, ~A Resolution of the City Council of the City of Poway, California Approving Sign Permit 97-12, Assessor's Parcel Number 314-192-65," for a freestanding sign eight feet in height for Poway New Life Church of the Nazarene, 13709 Twin Peaks Road. (203-17) Be Renewal of Agreement with Jose Olivas for part-time fire inspection, and approval of new agreement with Michael Chillinsky for the same services. (602-011 #1091, #1197) 8.1 Approval of the following positions on pending legislation: support SB 919 which clarifies Proposition 218; and support AB 1342 which would extend the time limitations for redevelopment plans. {701-11) Motion carried 4-0 with Councilmember Cafagna absent. ITEM 1 (203-08) CONDITIONAL USE PERMIT 96-06/PACIFIC BELL MOBILE SERVICES CONDITIONAL USE PERMIT 96-07/C0X CALIFORNIA PCS CONDITIONAL USE PERMIT 96-09/AIR TOUCH CELLULAR Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City Council granted three conditional use permits for telecommunications facilities on the Pomerado Reservoir. The road condition is being satisfied by Standard Pacific and can be removed from their conditions of approval. In addition, the City Attorney has requested a condition be added to clarify lease agreement requirements. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-97-21, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. P-96-49 and Approving Conditional Use Permit 96-06(M) for Pacific Bell Mobile Services, Assessor's Parcel Number 314-371-21," Resolution No. P-97-22, entitled,"A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. P-96-50 and Approving Conditional Use Permit 96-07(M) for Cox California PCS, Assessor's Parcel Number 314-371-21," and Resolution No. 6064 Page 3 - CITY OF POWAY - April 29, 1997 P-g7-23, entitled,"A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. P-96-51 and Approving Conditional Use Permit 96-09(M) for Airtouch Cellular, Assessor's Parcel Number 314-371-21." Motion carried unanimously. ITEM 2 (701-04) ORDINANCE NO.471/SECOND READING DEVELOPMENT AGREEMENT/WET 'N WILD Mayor Higginson read the title of Ordinance No. 471, JAn Ordinance of the City of Poway, California, Approving a Development Agreement with Poway Partners, L.L.C. under Government Code Section 65864-65869.5 and Poway Municipal Code Chapter 17.53." There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Emery to close the public hearing, waive further reading and adopt Ordinance No. 471. Motion carried unanimously on a roll call vote. ITEM 3 (701-04) ORDINANCE NO. 472/SECOND READING COMMERCIAL LAND USE MATRIX Mayor Higginson read the title of Ordinance No. 472, "An Ordinance of the City of Poway, California, Amending Title 17.10.060 - Commercial Land Use Matrix of the Poway Municipal Code." There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Emery to close the public hearing, waive further reading and adopt Ordinance No. 472. Motion carried unanimously on a roll call vote. ITEM 4 (602-01 #1031) ADJUSTMENT TO TRASH RATES Staff report by City Manager Bowersox. Adjustments are required to Mashburn's rate schedule because of landfill disposal fee adjustments that became effective on March 12,1997. Residential rates will be lowered 4.5% and commercial rates will decrease by 10% effective July 1, 1997. Councilmember Rexford stated she had received calls asking why the decrease isn't going into effect immediately. Director of Public Services Williams stated that it is because of Mashburn's billing cycle, however, all savings since March 12th are calculated into the reduction. 6065 Page 4 - CITY OF POWAY - April 29, 1997 Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 97-029, entitled, UA Resolution of the City Council of the City of Poway, California Approving an adjustment to Mashburn Waste and Recycling Services' Rate Schedule Pursuant to the Provisions of the solid Waste Franchise Agreement and Rescinding Resolution No. 97-01." Motion carried unanimously. CITY MANAGER ITEHS go City Manager Bowersox announced that our Sheriff's Lieutenant, Steve Blackwood, will be taking a disability retirement in May as a result of an on the job injury two years ago. CITY ATTORNEY ITEMS City Attorney Eckis requested closed sessions for the following existing litigation: Poway Land, Inc. v. Poway Redevelopment Agency, Poway Royal Mobile Home Owners Association v. City of Poway; and whether to initiate litigation in one potential case. MAYOR AND CITY COUNCIL-INITIATED ITEMS 12. Councilmember Emery announced that SANDAG has endorsed the suggested approach for rail evaluation in the 1-15 corridor resulting from the meeting of stakeholders. He was made chairman of a Policy Advisory Committee created from the group. The Metropolitan Transit Development Board will act on the issue on May 22. (1503-26) 14. Councilmember Rexford stated bushes in Creekside Center near Kinko's need to be trimmed to improve sight visibility. 15. Mayor Higginson announced the following appointments: Bill Rickles is Councilmember Emery's appointment to the Budget Review Committee; Lora Kammler is Councilmember Goldby's appointment to the Housing Commission; and Councilmember Goldby will be the City's representative on the Wastewater Management District with Mayor Higginson as alternate. CLOSED SESSION Mayor Higginson called for a closed session at 7:20 p.m. as requested by City Attorney Eckis. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:10 p.m. with all Councilmembers present except Councilmember Cafagna who was absent from the meeting and adjourned on motion by Councilmember Emery, seconded by Councilmember Rexford. Marjqri~ K. Wahlsten, City Clerk C i ty ~oway 6066