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CC 1998 03-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 17, 1998 The March 17, 1998, regular meeting of the City Council of the City of Poway, was called to order at 7:00 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 Lori Peoples Steve Eckis Bob Thomas Mark Weston Randy Williams Warren Shafer Mark Sanchez Leonard Zuniga Penny Riley City Manager Assistant City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Lieutenant Assistant to the City Manager PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. PRESENTATIONS Mayor Higginson presented a City of Poway tile plaque to City Manager Jim Bowersox in recognition of his 17 year anniversary with the City. Councilmember Rexford stated that she had been in Long Beach on Saturday with Director of Community Services Bob Thomas, where they received on behalf of the City of Poway, the 1997 Award of Excellence from the California Park and Recreation Society for the design of Dog Park. 6311 Page 2 - CITY OF POWAY - March 17, 1998 CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 7. Ratification of Warrant Register for period of February 23-27, 1998. 8. Approval of Minutes - City Council: February 24, 1998 - Regular Meeting Motion carried unanimously. (401-10) ITEM 1 (203-01) TENTATIVE TRACT MAP 97-04 APPLICANT: SADDLEBROOK ESTATES/AMES CONTRACTING, INC. Councilmember Cafagna disqualified himself from participation on this item. Mayor Higginson opened the public hearing and noted that the applicant had requested a continuance to April 14, 1998. This is a request to activate an expired tentative map for thirteen lots of one acre minimum plus one open space lot of 19 acres (gross) on a 40 acre parcel located 200 ft +/- south of Del Poniente Rd./Midland Rd. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby to waive further reading and continue the public hearing to April 14, 1998 per the applicant's request. Motion carried 4-0 with Councilmember Cafagna disqualified. ITEM 2 (203-02) TENTATIVE PARCEL MAP 98-01 APPLICANT: STUART TUCKER Mayor Higginson opened the public hearing and stated that the applicant had requested the item be removed from the hearing calendar. This is a request to create three (3) parcels from an existing 10.75 acre lot on the south side of High Valley Road, 14500 block. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to remove this item from the hearing calendar per the applicant's request. Motion carried unanimously. 6312 Page 3 - CITY OF POWAY - March 17, 1998 ITEM 3 (701-04) ORDINANCE NO. 496/FIRST READING SOLID WASTE PROGRAM COSTS Mayor Higginson opened the public hearing and read the title of Ordinance No. 496, "An Ordinance of the City of Poway, California Amending Certain Sections of Chapter 8.68 of the Poway Municipal Code Regulating Solid Waste, Recyclables, Yard Waste and Other Compostable Materials Handling Services." City Manager Bowersox stated that the proposed ordinance would establish a mechanism to pay solid waste program operational expenses. In 1989, State Assembly Bill 939 was signed into law and required all municipalities to divert at least 50% of their solid waste from landfill disposal sites by January 1, 2000 or face fines of $10,000 per day. It also required that local jurisdictions collect and dispose of household hazardous waste (HHW) in separately licensed disposal sites. Upon the closure of the San Marcos Landfill and the unknown future of the Palomar Transfer Station in Carlsbad, north San Diego County cities had to establish a cost- effective alternative for solid waste management. Additionally, when the County sold its landfills to a private firm, the prior method of funding the county-wide HHW through part of the tipping fee ended. The cities of Poway, Vista, Encinitas, Solana Beach, Del Mar, National City and Lemon Grove formed a joint powers association, the Regional Solid Waste Association (RSWA) to work together to identify economical and reliable disposal options. At the September 16, 1997 Council meeting, staff was directed to prepare amendments to section 8.68 of the Poway Municipal Code and the franchise agreement to permit the RSWA and the HHW operating expenses to be incorporated into a service fee of the City's franchise hauler as authorized under AB939. Director of Public Services Williams noted that the proposed ordinance would be amended to include manure and manure service as an exclusion under the franchise scope. Additional housekeeping items include the revision from 40 to 32 gallon containers for single can rates and identification of the cooperative process between the franchisee and the City regarding service bins brought in by other haulers. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby, to waive further reading and continue the public hearing to March 31, 1998 for second reading, with the modifications noted by staff. Motion carried unanimously. 6313 Page 4 - CITY OF POWAY - March 17, 1998 ITEM 4 (203-08) CONDITIONAL USE PERMIT 98-01\VARIANCE 98-03 DEVELOPMENT REVIEW 98-03 APPLICANT: MANORCARE HEALTH SERVICES Mayor Higginson opened the public hearing and noted that the applicant had requested a continuance to March 31, 1998. This is a request to construct a 60-bed Alzheimer's care facility on a 2.05 acre lot and permit the encroachment of a corner of the building 6.5 feet into the required 20 foot street side yard setback and one foot into the front setback at 12674 Monte Vista Road. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery, to waive further reading and continue the item per the applicant's request to March 31, 1998. Motion carried unanimously. ITEM 5 (203-02) TENTATIVE PARCEL MAP 93-07TE(2) APPLICANT: DAVID & PATRICIA FAUSTMAN Mayor Higginson opened the public hearing. This is a request for a one (1) year time extension of the approval of TPM 93-07, to divide a 4.15 acre parcel into two lots at 15650 Kingman Road. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby, to close the public headng and adopt Planning Resolution No. P-98-16, entitled, "A Resolution of the City of Poway, California Approving TPM 93-07TE(2) Assessor's Parcel Number 278-181-41 ." approving with conditions. Motion carried unanimously. ITEM 6 (203-02) TENTATIVE PARCEL MAP 89-16 APPLICANT: RAHI NIKRAVESH Mayor Higginson opened the public hearing. This is a request to create four residential parcels from a 2.83 acre site near the southwest corner of Old Stone Road and Old Pomerado Road. There was no one present wishing to speak. 6314 Page 5 - CITY OF POWAY - March 17, 1998 Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-98-17, entitled, "A Resolution of the City of Poway, California Approving TPM 89-16 TE Assessor's Parcel Number 317-241-50 & 320- 011-26." Motion carried unanimously. CITY ATTORNEY ITEMS 11. City Attorney Eckis requested a closed session for (A) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, property APN 275-780-04 (3.3 acres located on the north side of Gateway Drive), Negotiating Parties - Poway Redevelopment Agency (buyer) and Retirement Housing Foundation (owner/seller), Under Negotiation - price and purchase terms; (B) Pending Litigation under Government Code Section 54956.9(a), Case - Stull v. Bank of America, San Francisco Superior Court Case No. 968484 and (C Pending Litigation under Government Code Section 54956.9(a), Case - Craig (Smith 1) v. City of Poway, San Diego Superior Court Case No. 625859. No special findings need to be made and no report out is expected. MAYOR AND CITY COUNCIL-INITIATED ITEMS 13A. Councilmember Emery stated that although he had heard AB 252 Developers fees was not going anywhere, he requested Council take a position of opposition in support of the local school district who would be affected should AB 252 come to fruition. Motion by Councilmember Emery, seconded by Councilmember Goldby, to oppose AB 252 in support of the local school district. Motion carried unanimously. CLOSED SESSION Mayor Higginson called for a closed session at 7:28 p.m. as requested by the City Attorney. ADJOURNMENT Mayor Higginson called the meeting back to order at 8:00 p.m. with all members present. The meeting was adjourned on motion by Councilmember Rexford, seconded by Councilmember Goldby. ~)~ x. ~.~. ~,.~,_~z.~ Loril~,. Peoples, Assist)~nt City Clerk City of Poway 6315