CC 1997 12-02 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 2, 1997
The December 2, 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, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Reba Wright-Quastler
Mark Sanchez
David Narevsky
Penny Riley
Peter Moote
City Manager
City Clerk
City Attorney
Director of Community Services
Director of Planning Services
Director of Safety Services
Redevelopment Manager
Assistant to the City Manager
Deputy Dir. of Administrative Services
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
SELECTION OF DEPUTY MAYOR
Motion by Councilmember Cafagna, seconded by Mayor Higginson to nominate
Councilmember Goldby as Deputy Mayor. Motion carried unanimously.
PROCLAMATION
Mayor Higginson proclaimed December 6, 1997, as "San Diego County Family Child Care
Association Recognition Day" and presented the proclamation to Sonia Petrovski.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
6236
Page 2 - CITY OF POWAY - December 2, 1997
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
Approval of Minutes - City Council:
October 28, 1997 - Regular Meeting
November 4, 1997 - Regular Meeting
November 11, 1997 - Canceled Regular Meeting
Ratification of Warrant Register for periods of November 3-7 and 10-14, 1997.
(401-10)
8. Denial of Claim against the City: Bessie Walker.
(704-13)
Acceptance of the 96-97 Overlay Program Contract, from Asphalt, Inc.
(602-01 #1166)
10.
Award of Contract for the Residential Kiosk Program to SunCal Outdoor Advertising.
(602-01 #894)
11.
Approval of a Memorial Plaque on the Porter House in Old Poway Park in
recognition of the contributions to the Park by Colonel John and Mrs. Helen Porter.
(1401-11 )
12. Approval of Class Specification for Records Secretary.
(503-03)
13. Approval of Contract with Berryman & Henigar for Engineering Services.
(602-01 #95)
14. Approval of City's Investment Report for period ending October 31, 1997.(408-01 )
15.
Acceptance of Public Improvements and Release of Securities for Tentative Tract
Map 91-02, located at the south end of Avenida Granada and Valle Verde Road
Aliyar Dehaghani, applicant. (203-01)
Motion carried unanimously.
6237
Page 3 - CITY OF POWAY - December 2, 1997
ITEM I (701-04)
ORDINANCE NO. 490/SECOND READING
MCUP FOR SEATAINERS
Mayor Higginson read the title of Ordinance No. 490, "An Ordinance of the City of Poway
amending Title 17 of the Poway Municipal Code Regarding a Minor Conditional Use Permit
for the Use of Seatainers for Storage (ZOA 97-12)."
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further
reading, close the public hearing and adopt Ordinance No. 490. Motion carried
unanimously.
ITEM 2 (602-01 #267R)
OWNER PARTICIPATION AGREEMENT
REIMBURSEMENT PLAN/WET'N WILD
Mayor Higginson stated this public hearing was continued from November 18, 1997. At
that meeting, Neville Bothwell requested that a portion of the storm water improvements
he installed on Kirkham Way be considered as the intedm facility. Staff concurs and have
amended the resolution with the reimbursement plan to reflect the change.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public
hearing and approve the First Amendment to the Owner Participation Agreement to
increase the Agency's reimbursement to Wet'n Wild for construction of off-site
improvements. Motion carried unanimously.
ITEM 3 (203-21)
SPECIFIC PLAN AMENDMENT 84-01 MM
APPLICANT: MCMILLIN COMPANIES
Mayor Higginson opened the public headng. This is a request to amend the South Poway
Specific Plan to convert 15 acres from Light Industrial to Industrial Park within the Parkway
Business Centre.
6238
Page 4 - CITY OF POWAY - December 2, 1997
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 97-100, entitled, "A Resolution of the City Council
of the City of Poway, California Amending the South Poway Specific Plan to Allow Office
Buildings in the Industrial Park (IP)Areas, Specific Plan Amendment (SPA 84-01MM)."
Motion carried unanimously.
ITEM 4 (702-00)
LIBRARY SALES TAX EXPENDITURE
Staff report by City Manager Bowersox. The City of Poway is a participating agency in the
San Diego County Regional Library Authority which intends to place an initiative on a ballot
next year for a one-quarter cent sales tax increase to benefit libraries. Each participating
agency has been requested to submit a plan listing how revenue from the sales tax would
be expended. Staff recommends 90 percent of the revenue be allocated to the Poway
Library Endowment Fund and 10 percent for more up-to-date books and materials and
enhanced access to informational technology.
Motion by Councilmember Emery, seconded by Mayor Higginson to approve staff
recommendation. Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis called for a closed session conference with legal counsel to discuss
existing litigation pursuant to Government Code Section 54956.9(a) in the case of Poway
Royal Mobile Home Owners Association v. City of Poway, San Diego Superior Court Case
No. 682581.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20.
Councilmember Goldby stated that at the November 18, 1997 City Council meeting,
Rev. Samuel Fosu-Mensah and representatives of the Catholic League requested
the City Council take action to request the FCC to enforce the prohibitions on adult
radio programming outside the hours of 10 p.m. and 6 a.m. He presented a
resolution for Council consideration.
Ann August, 225 Broadway, Suite 1210, San Diego, representing the Catholic
League, stated that children are vulnerable and the FCC should be enforcing the
6239
Page 5 - CITY OF POWAY - December 2, 1997
regulations.
Councilmember Emery stated he could not support this, since to him the solution
is for people not to listen to material offensive to them, not more government
regulation.
Councilmember Cafagna stated he could not support it since he feels it is a parental
issue and we should not govern how parents deal with their children.
Motion by Councilmember Goldby, seconded by Mayor Higginson to adopt
Resolution No. 97-101, entitled, "A Resolution of the City Council of the City of
Poway, California Opposing Unsuitable and Derogatory Language on Radio
Airwaves and encouraging the Federal Communications Commission to Enfome its
Prohibition Against Unsuitable Broadcasts." Motion carried 3-2 with
Councilmembers Emery and Cafagna voting "no."
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 7:25 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:10 p.m. and, on motion by
Councilmember Goldby, seconded by Councilmember Emery, adjourned the meeting to
Thursday, December 4, 1997, 5 p.m. in order to continue the closed session.
Marjorie K~ Wahlsten, City Clerk
City of Po~ay
6240
NO TICE
NOTICE IS HEREBY GIVEN THAT THE DECEMBER 2, 1997, REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS
ADJOURNED PURSUANT TO THE FOLLOWING ORDER:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Goldby,
seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to
THURSDAY, DECEMBER 5, 1997, 5:00 P.M.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 8:10 p.m.
Marjor e K Wahlsten, City Clerk
City of Peway, California
Dated: December 3, 1997
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the above
notice was posted on or near the door of the City Council Chambers, the place
designated for regular meetings of the City Council at approximately 12 noon.
Dated at Poway, California, on December 3, 1997
Marjorie K. Wahlsten, City Clerk
City of Po_way, California
e:\~agenda~noticel ,pr