CC 1997 08-26 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 26, 1997
The August 26, 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, Don Higginson, John Bifone (Honorary
Mayor for the Day)
COUNCILMEMBERS ABSENT AT ROLL CALL
Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Leonard Zuniga
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
Director of Safety Services
Sheriff's Lieutenant
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
John Bifone, Honorary Mayor for the Day, led the pledge of allegiance.
Mayor Higginson presented a plaque to John Bifone, who had bid on the privilege to serve
as Honorary Mayor for the Day at the Rites of Spring fund raiser for the Poway Performing
Arts Foundation. Mr. Bifone is on the Foundation Board and he and his wife, Lily, have
been supporters of the Performing Arts Center for several years.
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PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to approve the
Consent Calendar as follows:
Approval of Minutes - City Council:
August 5, 1997 Regular Meeting
7. Ratification of Warrant Register for period of August 4 -August 8, 1997. (401-10)
Approval of Agreement Respecting Irrigation Water with StoneRidge Country Club.
(602-01 #567)
Award of bid for 1997-98 Overlay Program/Street Maintenance to Asphalt Inc. in
the amount of $1,821,478.13. (602-01 #1217)
10. Approval of lease agreement with Palomar Family Counseling Services for use of
trailer at 12951 Metate Lane by For Parents' and Kids' Sake. (602-01 #772)
11. Authorization to Escheat certain unclaimed checks and return funds to the City's
General Fund. (401-06)
11.1 Approval of an Agreement with the City of San Diego to transfer a trolley car to Old
Poway Park. (1180-10)
11.2
Approval of the following positions on pending legislation: support SB 480 and AB
692 which would make changes to the voting allocation among member agencies
of the San Diego County Water Authority; oppose SB 110 and AB 1243 which will
change the allocation of use taxes; oppose AB 1519 which will allow spouses of
deceased local agency peace officers and firefighters to retain their monthly death
benefits upon remarriage regardless of whether their spouses dies in the line of
duty; and oppose AB 270 which mandate that cities pay for the operating expenses
of local agency formation commissions. (701-11 )
Motion carried 4-0 with Councilmember Rexford absent.
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ITEM 1 (701-04)
ORDINANCE NO. 481/SECOND READING
SETBACKS FOR ACCESSORY STRUCTURES
Honorary Mayor Bifone read the title of Ordinance No. 481, "An Ordinance of the City of
Poway, California, Amending Title 17 of the Poway Municipal Code Concerning Residential
Uses to Change the Setback Requirements for Small Accessory Structures and Make
Various Administrative Changes (ZOA 97-04)."
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Goldby to waive further
reading, close the public hearing and adopt Ordinance No. 481. Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 1.1 (701-04)
ORDINANCE NO. 482/FIRST READING
POWAY RODEO SIGNSNVEED ABATEMENT APPEALS
Honorary Mayor Bifone read the title of Ordinance No. 482, "An Ordinance of the City of
Poway, California, Amending Chapters 17.40 and 8.76 of the Poway Municipal Code
Concerning Signage for the Poway Rodeo, the Appeals Procedure for Weed Abatement
and Incorporating Various Administrative Changes (ZOA 97-05)."
Staff report by City Manager Bowersox. At the August 19, 1997, City Council meeting,
Council directed staff to add language which would preclude the inclusion of commercial
advertising on the Poway Rodeo signs.
Speaking in opposition to staff recommendation:
Nancy Ferrill, 12656 McFemn Road, read articles from Poway Today that thanked
various businesses and individuals for sponsoring the fireworks and activities at the
Performing Arts Center and asked how this was different from what the rodeo was
requesting.
Lisa Lucidi, 11974 Avenida Consentido, San Diego, stated prohibiting the names
of sponsors on the signs sends a poor message to businesses.
Fred Day, 13929 Olive Mesa Drive, representing the Poway Chamber of Commeme,
stated there is an illegal sign for Julian Rodeo at the corner of Poway and Pomerado
Roads and reminded the City Council of all the good businesses do for the community.
Councilmember Cafagna stated the sponsors of all types of events are recognized at the
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event, not on 4 x 8 signs on the streets. It is the rodeo that should be advertised by the
signs, not the sponsor.
Pal Moore, 18555 Wild Horse Court, stated she does not feel the sign regulations
should be changed for the rodeo.
Motion by Mayor Higginson, seconded by Councilmember Emery to waive further reading,
close the public hearing and adopt Ordinance No. 482. Motion carried 3-0 with
Councilmember Rexford absent and Councilmember Goldby disqualifying himself due to
a financial conflict of interest under the Political Reform Act.
ITEM 2 (701-04)
ORDINANCE NO. 483/FIRST READING
BODY PIERCING AND TATTOO PARLORS
Honorary Mayor Bifone opened the public hearing and read the title of Ordinance No. 483,
"An Ordinance of the City of Poway, California Amending Title 17 of the Poway Municipal
Code to Establish a Zone and Regulations for Body Piercing and Tattoo Padors (ZOA 97-
06)."
Staff report by Director of Planning Services Wright-Quastler. Although the staff report
presents the Commercial General zone for this business use, an alternative could be the
commemial in the South Poway Specific Plan. There are only 5 small CG areas in the City,
but they are along the major arterials. A Specific Plan Amendment would be required to
allow it in the South Poway commercial areas. Council would still need to adopt this
Ordinance because the use is not currently addressed in the Zoning Code. However, a
"X" for prohibited use, rather than a "C" for conditional use would be shown under CG
zone. This ordinance also allows ear piercing as an accessory use to permitted uses in the
commercial zones.
City Attorney Eckis stated that, like adult businesses, the City must designate a zone
where body piercing and tattoo parlors are allowed because they are a legal business
practice.
Mayor Higginson received consensus from the Council that they would prohibit in the CG
zone.
Speaking in opposition to this business use in the CG zone:
Shirley Carr, 14212 Eagle Mine, representing the Flair Poway Homeowners
Association.
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Gail Trunnell, 13314 Neddick Avenue, suggested we just totally prohibit and take
on the lawsuits.
Councilmember Emery pointed out that if we are sued and we lose the suit, the
entire City is open to the use, not just where we choose to allow them.
Lois Fong-Sakai, 12133 Sage View Road
Richard Ludwig, 12720 Metate Lane
Lily Bifone, 17982 Highlands Ranch Road
Motion by Mayor Higginson, seconded by Councilmember Cafagna to waive further
reading of Ordinance No. 483, amended to prohibit body piercing and tattoo padors in all
commercial zones, and continue the public hearing to September 16, 1997 for second
reading. Motion carried 4-0 with Councilmember Rexford absent.
ITEM 3 (203-21)
OLD POWAY SPECIFIC PLAN
SPA 88-01A
Honorary Mayor Bifone opened the public hearing. Staff report by City Manager Bowersox.
This item was prepared to enact several administrative changes and to prohibit body
piercing and tattoo parlors in the Old Poway Specific Plan, since the commercial areas
carry the CG designation. With the action on Item 2 that prohibits this use in the CG zone,
this Ordinance can be amended to only reflect the other administrative changes.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 97-076 entitled, "A Resolution of the City Council
of the City of Poway, California Amending the Old Poway Specific Plan, SP 88-01, to
Update the List of Commercial Uses Allowed in Conformance with Changes to the Uses
Allowed in the Commercial General (CC) Zone (SPA 88-01A)." Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 97-03
APPLICANT: MICHAEL GRANT
Honorary Mayor Bifone opened the public hearing. Staff report by City Manager Bowersox.
This is a request for approval of a lighted tennis court at 15525 Westview Road, a 17 acre
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site off Highway 67 and Mina de Oro Road. The City Council approved Conditional Use
Permit 97-04 and Minor Development Review 97-12 on June 10, 1997 for this site.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-97-42, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Minor Conditional Use Permit 97-
03, Assessor's Parcel Number 321-111-21." Motion carried 4-0 with Councilmember
Rexford absent.
CITY MANAGER ITEMS
City Manager Bowersox congratulated Honorary Mayor Bifone and thanked him for the
contributions he and his wife have made to the Performing Arts Center Foundation.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss three cases of existing litigation
in accordance with Government Code Section 54956.9(a). They are Poway Land v. City
of Poway, Superior Court Case No. 701895; Poway Royal Mobile Home Owners
Association v. City of Poway, Superior Court Case No. 682581; and Poway Property
Owners Group v. City of Poway, Superior Court Case No. 698367. No special findings
needs to be made and no report out is expected.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15.
Councilmember Emery stated the City Council has not had a joint meeting with the
Poway Unified School District Board in some time and suggested staff explore
scheduling a meeting.
16A.
Councilmember Goldby applauded staff for their proactive stance to prepare for
possible winter flooding. He requested that we notify persons with homes in the
floodplain regarding the possibility of a wet winter and suggestions for preparations
they can make.
16B.
Councilmember Goldby stated he has heard about a program called Critical Hours
that the County is funding. He requested staff contact Supervisor Jacobs office to
inquire about possible funding for after school programs.
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CLOSED SESSION
Mayor Higginson called for a closed session at 8:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:15 p.m. with all Councilmembers
present except Councilmember Rexford who was absent from the meeting. The meeting
was adjourned on motion by Councilmember Emery, seconded by Councilmember
Cafagna.
Marjori~ I~. Wahlsten, City Clerk
City of I~k~vay
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