CC 1998 03-10 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 10, 1997
The March 10, 1997, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m. by Deputy Mayor Goldby at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford
COUNClLMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Mark Sanchez
John Falconer
Javid Siminou
Garry MacPherson
Penny Riley
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Safety Services
Sheriff's Captain
Senior Civil Engineer
Fire Division Chief
Assistant to the City Manager
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Louis Tooch, 14105 Powers Road, asked about enforcement of the no smoking
regulations at the Poway Fun Bowl. Staff will refer the complaint to the County Health
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Department.
CONSENT CALENDAR
Deputy Mayor Goldby stated that Item 14.1 was pulled from the Consent Calendar by a
member of the public. Motion by Councilmember Emery, seconded by Councilmember
Cafagna to approve the Consent Calendar, as follows:
Approval of Minutes - City Council
February 17, 1998 - Regular Meeting
February 19, 1998 - Adjourned Regular Meeting
9. Ratification of Warrant Register for period of February 16-20, 1998. (401-10)
10. Approval of Comprehensive Annual Financial Report for FY 1996-97. (406-02)
11
Award of bid for the rental of an asphalt grinder and operator for the 1998 City
Pavement Maintenance Program to Asphalt, Inc. in the amount of $25,250.
(602-01 #1238)
12.
Award of bid for the rental of dump trucks and drivers for the 1998 City Pavement
Maintenance Program to Kissinger Equipment Rental in the amount of $11,400.
(602-01 #1239)
13. Award of bid for asphalt materials for the 1998 City Pavement Maintenance
Program to Asphalt, Inc. in the amount of $27,835. (602-01 #1240)
14.
Approval of final map for Tentative Parcel Map 97-12, City of Poway, applicant;
merging 13 existing lots into 6 parcels at the southwest corner of the intersection of
Gregg Street, Kirkham Way and Paine Street. (203-02)
Motion carried 4-0 with Mayor Higginson absent.
ITEM 1 (701-04)
ORDINANCE NO.492/SECOND READING
APPEAL AND REHEARING PROCESS
Deputy Mayor Goldby read the title of Ordinance No. 492, "An Ordinance of the City of
Poway, California Adding Chapter 2.21 to the Poway Municipal Code and Amending
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certain Other Sections Pertaining to the Appeal and Rehearing Process."
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing and waive further reading of Ordinance No. 492. Motion carried 4-0 with
Mayor Higginson absent.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Ordinance No. 492. Motion carried 4-0 on a roll call vote with Mayor Higginson absent.
ITEM 2 (701-04)
ORDINANCE NO. 494/SECOND READING
RECREATIONAL RULES AND REGULATIONS
Deputy Mayor Goldby read the title of Ordinance No. 494, "An Ordinance of the City of
Poway, California Repealing the Existing Chapter 9.48 and Enacting a New Chapter 9.48
of the Poway Municipal Code Regarding Recreational Facility Rules and Regulations."
There was no one present wishing to speak.
Councilmember Emery asked about the problems that have occurred involving alcohol that
led to the nighttime ban on alcohol in the parks that is in this ordinance. Director of
Community Services Thomas stated that the primary problems have been with rentals at
the Community Park. He noted there are exceptions to the ban for Lake Poway, the South
Poway SportsPark, Performing Arts Center, or if a permit has been issued to the City for
a special public event.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinance No. 494. Motion carried 4-0
on a roll call vote with Mayor Higginson absent.
ITEM 3 (1002-06)
VACATION 98-01/PARNELL COURT
FINAL MAP FOR SYSCO FOODS
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
Parnell Court was dedicated through the recordation of Tract Map 85-04. It is being
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vacated due to a reconfiguration of the property to accommodate Sysco Food Services.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing; adopt Resolution No. 98-018, entitled,"A Resolution of the City of Poway Ordering
the Vacation of a Public Street to Wit: Parnell Court, all in City of Poway Tract 85-04 Unit
2, Map No. 12572 (Vacation No. 98-01)"; and approve the final map for Tentative Parcel
Map 97-01. Motion carried 4-0 with Mayor Higginson absent.
ITEM 4 (701-04)
ORDINANCE NO. 495/FIRST READING
SIGN REGULATIONS IN SHOPPING CENTERS
Deputy Mayor Goldby opened the public hearing and read the title of Ordinance No. 495,
"An Ordinance of the City of Poway, California Amending Chapter 17.40 of the Poway
Municipal Code Concerning Sign Regulations for Shopping Centers and Businesses Within
Centers." Staff report by City Manager Bowersox In accordance with Council direction,
this ordinance will allow freestanding signs for centers to list an unlimited number of
businesses providing the copy is at least 6 inches high. Existing height and area limitations
remain the same.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further
reading and continue the public hearing to March 24, 1998 for second reading and
adoption. Motion carried 4-0 with Mayor Higginson absent.
ITEM 5 (203-04)
VARIANCE 98-04/SIDE YARD SETBACK
APPLICANT: BILL & LINDA BRYAN
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a reduction of the required 20 foot side yard setback to 8 feet to allow
for the construction of an addition to the single family home at 12385 Paseo Colina. Staff
recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-98-14, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 98-04, Assessor's Parcel
Number 317-792-28." Motion carried 4-0 with Mayor Higginson absent.
ITEM 6 (203-10)
MINOR DEVELOPMENT REVIEW 97-95/APPE^L
APPLICANT: RUSSELL & MEREDITH ANDERSON
Staff report by Director of Planning Services Wright-Quastler. Staff approved a Minor
Development Review 97-85 for a 2,700 square foot single family residence on White Vale
Lane. The applicant is appealing a condition for emergency vehicle access of a 28' radius
on the inside and 48' radius on the outside angle at the turn of the dog leg access to the
lot. There is insufficient room on the lot to provide the access.
Russell Anderson, 17059 Oculto Way, San Diego, stated he has tried to work with
neighbors on both sides in order to increase the width of his access and has not had any
success.
Fire Division Chief MacPherson explained the requirement for access by emergency
vehicles. Senior Civil Engineer Siminou explained the history of this lot split which was
started before incorporation.
City Attorney Eckis stated that if the City imposes a condition that the property owner
cannot meet, the City can lend its powers of eminent domain with costs to be borne by the
property owner.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to deny the
appeal and adopt Planning Resolution No. P-98-15, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Development Review 97-85,
Assessor's Parcel Number 278-301-21," with Condition 25 amended to read, "The City
shall lend the power of eminent domain to the applicant as necessary to satisfy this
condition. The Council finds that the public safety so requires. All costs shall be borne by
the applicant." Motion carried 4-0 with Mayor Higginson absent.
(Councilmember Cafagna left the room.)
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ITEM 6.1 (602-01 #1242)
REGIONAL WASTEWATER DISPOSAL
METRO AGREEMENT
Staff report by City Manager Bowersox. The City of Poway is provided wastewater
treatment and disposal by the City of San Diego under an agreement that expires in 2013.
A new regional 52-year agreement has been negotiated resulting in provisions which
protect all parties and guarantees the lowest cost to all of the rate payers of all members.
Councilmember Goldby is currently serving as chairman of the Metropolitan Wastewater
Commission.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Regional Wastewater Disposal Agreement between the City of San Diego and Participating
Agencies. Motion carried 3-0 with Mayor Higginson absent and Councilmember Cafagna
out of the room.
(Councilmember Cafagna re-entered the meeting.)
ITEM 14.1 (701-11)
PENDING LEGISLATION
Deputy Mayor Goldby stated this item was pulled from the calendar by the public.
Louis Tooch, 14105 Powers Road, asked about the revenue loss if AB 1608 and AB 1691
are approved. AB 1691 exempts the trade-in value of vehicles from sales tax and AB 1608
would repeal the sales tax on newspapers and periodicals sold individually.
City Manager Bowersox stated he did not know the impact specifically on Poway, but it
would be approximately $115 million statewide.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
following positions on pending legislation: support AB 1657; support AB 1243; oppose AB
1677; support AB 511; oppose SB 1388; oppose AB 1691; oppose AB 1608; support AB
1514 and oppose SB 1721. Motion carried 4-0 with Mayor Higginson absent.
CITY MANAGER ITEMS
15. City Manager Bowersox requested and received concurrence for continued
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authorization to make necessary emergency repairs to protect the public health and
welfare of the City. (601-04)
MAYOR AND CITY COUNCIL INITIATED ITEMS
20.
Councilmember Rexford stated the newly planted trees on the Allied Moving
property at the southeast corner of Community Road and Stowe Drive seem small.
Director of Planning Services Wright-Quastler stated she will check the landscape
plan.
17.
Councilmember Cafagna, Chairman of the Regional Solid Waste Association, and
City Manager Bowersox gave an update on the Association's activities, including a
contract with Orange County for trash disposal in their landfills and a conditional use
permit application filed with the City of Vista for a trash transfer station. The site
proposed is zoned for heavy industry and has rail access.
19.
A. Councilmember Goldby stated he attended the League of California Cities'
Executive Committee meeting this week and heard a presentation regarding the
Year 2000 problem. He asked for a report on how it's being addressed in the City.
B. Councilmember Goldby requested staff look at a traffic signal or other type of
traffic control at the intersection of Poway Road at Bowron. With the increased
traffic generated by the new Shedffs Station, library, and Parkview Terrace project,
the existing right turn only onto Poway Road could be a problem. Councilmember
Emery suggested a signal for emergency vehicles might be a solution.
21.
Councilmember Goldby stated Mayor Higginson had asked him to serve on the 1-15
Advisory Committee which is being formed by Assemblyman Goldsmith. He has
accepted.
ADJOURNMENT
Deputy Mayor Goldby adjoumed the meeting to Thursday March 12, 1998, at 6 p.m. in the
City Council Chambers on motion by Councilmember Emery, seconded by Councilmember
Rexford and carried. The time of adjournment was 8:00 p.m.
Marjorie ~. Wahlsten, City C erk
City of Roway
6307
NO TICE
NOTICE IS HEREBY GIVEN THAT THE MARCH 10 1998, 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 Emery,
seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to
Thursday, March 12, 1998 at 6:00 p.m.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 8:00 p.m.
Dated: March 11, 1998
ahlsten, City Clerk
y, California
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 10:00 a.m.
Dated at Poway, California, on March 11, 1998
e:\~agenda~oficel .pf
Wahlsten, City Clerk
City of~way, California