CC 1998 07-28 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 28, 1998
The July 28, 1998, regular meeting of the City Council of the City of Poway, was
called to order at 7:01 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
Peggy Stewart
Bob Thomas
Javid Siminou
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
John Falconer
David Narevsky
Scott Nespor
City Manager
City Clerk
Deputy City At{orney
Director of Administrative Services
Director of Community Services
Acting Dir. of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sherift's Captain
Redevelopment Manager
Management Assistant
PRESENTATION
Mayor Higginson presented a 25 year service award to Robert Krans, Fire
Division Chief.
Mayor Higginson presented Certificates of Appreciation to George Kvass, Kvass
Construction, for himself, Harold Kvass and Craig Smith, for their work in
constructing the new library.
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PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
Louis Tooch, 14105 Powers Road, suggested that the Shedff's Volunteer Patrol be
authorized to issue citations for cars that do not have a front license plate. They could do
this when they were patrolling parking lots for handicapped space violations and it would
assist with the red light photo enforcement.
Justin Francis, 12861 Carriage Road, President of the Teen Recreation Club, invited
the City Council to dinner and a campfire program at Lake Poway on August 7, 1998.
Teen groups from other cities that participated in the recent Youth Summit are also invited
in order to recap the findings from the Summit.
CONSENT CALENDAR
Mayor Higginson stated that Item 40.1 has been pulled from the Consent Calendar by the
public. Motion by Councilmember Goldby, seconded by Councilmember Rexford to
approve the Consent Calendar, as follows:
17.
Ratification of Warrant Register for periods of June 15-19 and June 22-26, 1998.
(401-10)
18. Ratification of Warrant Register for pedods of June 29 - July 3 and July 6-10, 1998.
(401-10)
19. Approval of Minutes - City Council
June 30, 1998 - Regular Meeting
July 7, 1998 - Canceled Meeting
21.
Approval to forgive a $10,000 loan to (ADAPT), Alcohol and Drug Abuse Prevention
Taskforce Coalition. (602-01 #868)
22.
Acceptance of Status Report Regarding June 2, 1998 Special Election -
Propositions C & J - Fire Protection Special Tax. (702-02)
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23.
24.
25.
26.
27.
28.
29.
30.
31.
Receive and file report of Traffic Safety Committee Review of Pedestrian Safety on
Martincoit Road at Painted Rock School. (1160-04)
Award of Bid for Wash Rack Purchase and Installation Project to Supedor Cleaning
Equipment, Inc. in the amount of $23,489. (602-01 #1264)
Approval of Extension of Agreement for Legal Services with McDougal, Love, Eckis
& Grindle for provision of City Attorney Services for Fiscal Year 1998-1999.
(602-01 #259)
Approval of an Employment Agreement with Lori Anne Peoples as City Clerk,
effective September 1, 1998. (602-01 #1265)
Adoption of Resolution No. 98-077, entitled, "A Resolution of the City Council of the
City of Poway, California Rescinding Resolution No. 107 and Appointing the
Director of Administrative Services, as City Treasurer." (504-05)
Approval of Temporary Sewer Connection for APN 275-291-12, Deborah Lynn La
Chapelle and Mark Robinson, applicants; property located at 16319 Martincoit
Road. (1170-13)
Adoption of Resolution No. P-98-40, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Minor Development Review 98-38, Assessor's
Parcel Number 275-240-42," Hillside/Ridgeline, Jerry Simmons, applicant; a
request to construct a 3,918 square foot two-story residence on 4.11 acres located
at 12890 Glen Circle. (203-10)
Adoption of Resolution No. P-98-41, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Minor Development Review 98-39, Assessor's
Parcel Number 314-650-30," Hillside/Ridgeline, David and Katherine Barto,
applicants; a request to construct a 2,508 square foot single-story residence on a
5.0 acre property located at 14825 Midland Road. (203-10)
Adoption of Resolution No. 98-078, entitled, "A Resolution of the City Council of the
City of Poway, California, Ordering the Expansion of Poway Landscape
Maintenance District 86-1 with the Annexation of TPM 93-06TE with Written
Consent of Property Owner, APN 278-170-03-00, "located on Lake Poway Road;
Donna Liebrich, owner. (705-09)
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32. Rejection of Claims against the City: A) Farmers Insurance Group; B) David P.
Squire; C) Samuel C. Flynn III; D) Garry W. Saylor; E) Randy Myzer. (704-13)
33. Authorization to escheat certain unclaimed checks and return funds to the General
Fund. (401-06)
35. Acceptance of CCTV Project (#1323) from Knox Electric, Inc. (602-01 #1222)
36. Approval of Agreement for Water Analysis Services by Truesdail Laboratories.
(602-01 #1268)
37. Award of Bid for Poway Fire Stations No. 1 and No. 2, Bathrooms and City Clerk's
Office Remodeling Project (#1528) to Dale Atkins Contractor in the amount of
$33,700; and appropriation of $8,750 from the unappropriated General Fund
Reserve. (602-01 #1269)
38. Removal of Award of Bid for Closed Video Camera System from the Consent
Calendar at staff's request. 602-01 #1259)
39. Approval of direction to the Housing Commission to create a draft policy for long-
term ownership of the mobile home parks to present to the Council. (208-02)
40. Acceptance of Quarterly Status Report for Illegal Encampment Activities for second
quarter of 1998. (704-10)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (701-04)
ORDINANCE NO. 499/FIRST READING
WATER SERVICE CHARGES AND RATES
ORDINANCE NO. 500/FIRST READING
SEWER SERVICE CHARGES
Mayor Higginson opened the public hearing and read the title of Ordinance No. 499, "An
Ordinance of the City of Poway, California Amending the Schedule of Water Service
Charges and Establishing Water Rates," and Ordinance No. 500, "An Ordinance of the
City of Poway, California Amending the Schedule of Sewer Service Charges and
Establishing Sewer Service Charges."
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Staff report by City Manager Bowersox. Ordinance No. 499 will maintain the current water
use charge at $1.663 per unit through December 31, 1998 and increases the charge to
$1.715 per unit January 1, 1999. It also increases basic water service charge and
pumping charges effective January 1, 1999. Ordinance No. 500 will maintain the current
sewer service charges for the seven-tier structure until July 1, 1999.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to waive further
reading and set second reading for Ordinances 499 and 500 for August 18, 1998. Motion
carried 4-0 with Councilmember Emery absent.
ITEM 2 (701-04)
ORDINANCE NO. 501/FIRST READING
SPEED LIMIT ON HUNTINGTON GATE DR.
Mayor Higginson opened the public hearing and read the title of Ordinance No. 501, "An
Ordinance of the City of Poway, California Rescinding and Re-establishing Section
10.32.010 of the Poway Municipal Code Defining and Establishing Speed Limits on
Various Roadway Segments in the City of Poway."
Staff report by City Manager Bowersox. At resident request, traffic safety conditions on
Huntington Gate Drive were reviewed by the Traffic Safety Committee. The Committee
approved establishing a 25 MPH speed limit and parking restrictions to ensure
unobstructed two-way thoroughfare.
Speaking in favor of staff recommendation:
Samantha Moore, 14914 Huntington Gate Drive. She cited additional concerns
regarding parents dropping off children in their cul-de-sac to walk to Twin Peaks and Tierra
Bonita School; youth partying at night in the cul-de-sac; and San Sebastian Way being
used by construction vehicles.
Councilmember Cafagna stated he had spent time in the cul-de-sac today to observe the
problems Mrs. Moore mentioned. He concurred there is a problem and requested staff
take another look.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to waive further
reading and set second reading of Ordinance No. 501 for August 18, 1998; adopt
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Resolution No. 98-079, entitled, "A Resolution of the City Council of the City of Poway,
California Establishing Parking Restrictions on Huntington Gate Drive"; and direct staff to
report back 90 days after school starts. Motion carried 4-0 with Councilmember Emery
absent.
ITEM 3 (203-01)
TENTATIVE TRACT MAP 98-01
APPLICANT: DAVID JACINTO
Mayor Higginson opened the public hearing and stated the applicant has requested a
continuance to August 18, 1998 in order to hold a neighborhood meeting on July 31, 1998.
Staff recommends approval.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue
consideration of Tentative Tract Map 98-01 to August 18, 1998. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 4 (203-04)
MINOR CONDITIONAL USE PERMIT 98-03
VARIANCE 98-06
DEVELOPMENT REVIEW 98-08
APPLICANT: JACK IN THE BOX
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to remodel and add 675 square feet to the Jack in the Box located at 12424
Poway Road with a variance to allow the tower element and patio cover to encroach up to
16 feet into the required 20 foot front setback. They originally applied for a variance for
three wall signs, however they have withdrawn that request. A revised report was
distributed recommending a change to the exterior lighting requirement requested by the
applicant.
Speaking to the item:
Louis Tooch, 14105 Powers Road, stated he had been concerned about an
increase in the number of signs, however since they have withdrawn that request his
question is answered.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
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public hearing and adopt Planning Resolution No. P-98-42, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Minor Conditional Use Permit 98-
03, Variance 98-06 and Development View 98-08, Assessor's Parcel Number 317-540-17."
Motion carried 4-0 with Councilmember Emery absent.
ITEM 5 (203-04)
VARIANCE 98-11
DEVELOPMENT REVIEW 98-07
APPLICANT: MATT TRAVIS AND KEITH MATSON
Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox.
This is a request to construct a new car dealership with service facility on a 2.15 acre lot
at 13631 Poway Road with a two-foot variance from the required 20 foot front yard
setback. Director of Planning Services Wright-Quastler reviewed conditions amended as
a result of a neighborhood meeting and requests of the applicant.
Speaking in favor of staff recommendation:
Joe St. Lucas, 13033 Eadgate Court, representing the Westgate Homeowners
Association, stated they are in favor of the project and the homeowners want to be
responsible for the landscaping behind the wall.
Motion by Councilmember Cafagna, seconded by Councilmember Goldby to close the
public hearing; issue a mitigated Negative Declaration and adopt Planning Resolution No.
P-98-43, entitled, "A Resolution of the City Council of the City of Poway, California
Approving Variance 98-11 and Development Review 98-07, Assessor's Parcel Number
317-190-44," as amended by staff and the residents. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 6 (203-10)
MINOR DEVELOPMENT REVIEW 93-27
APPLICANT: DALFRANCO LUCIDI
Staff report by City Manager Bowersox. This is a request for approval of the construction
of a gate at the entrance to Umbria Estates, located directly south of the terminus of
Riparian Road. The seven lot subdivision has always been served by private streets and
was intended to have an entrance gate. The applicant has completed all requirements for
a permit which requires City Council approval. Staff recommends approval.
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Louis Tooch, 14105 Powers Road, asked what the procedure would be if someone wanted
to make their streets private and gate them. City Manager Bowersox stated the City
Council considers such applications on a case by case basis. The street would have to
be vacated and application made for a gate.
Councilmember Cafagna asked if these streets have access to Northcrest Lane. A
representative of the applicant stated they do not.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to approve Mr.
Lucidrs request to install a gate. Motion carried 4-0 with Councilmember Emery absent.
ITEM 7 (1160-01)
STOP CONTROLS ON EL CAMINO ENTRADA
Staff report by City Manager Bowersox. A citizen's request was made to consider installing
stops signs on El Camino Entrada at Lake Poway Road. The Traffic Safety Committee
reviewed the conditions and recommended installation of an "Intersection Ahead" sign on
Lake Poway Road and a letter to residents advising them of Vehicle Code requirements
for yielding right-of-way at this intersection. Council concurred to receive and file this
report.
ITEM 8 (701-09)
HOUSING COMMISSION COMPENSATION
Staff report by City Manager Bowersox. At the May 12, 1998 City Council meeting, staff
was directed to research compensation for the Housing Commission. A survey of other
cities shows a broad range of compensation Staff recommends $50 per meeting with a
maximum of $100 per month, and authorization for each Commissioner to attend an annual
seminar.
Councilmember Rexford stated she served as a volunteer on several City Committees
before she was elected to the City Council and has some concerns regarding this proposal.
The City has many people serving on Committees on a volunteer basis and she feels this
is precedent setting.
Councilmember Goldby stated the suggestions for compensation came out of a discussion
to change the voting requirements. His main concern is full attendance at the meeting.
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Mayor Higginson stated that this is our only Commission and they act as a landlord which
is difficult and deserves compensation.
Councilmember Cafagna stated the difference between the Commission and other
Committees is that the Commission makes final decisions, not recommendations to the
City Council. He suggested a cap on the cost of seminar attendance.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to pay the
Housing Commissioners $30 per meeting, including subcommittee meetings as outlined,
with a maximum of $60 per month, and authorize seminar attendance with a cap on the
cost. Motion carried 4-0 with Councilmember Emery absent.
ITEM 9 (602-01 #1266)
EMERGENCY MEDICAL SERVICES
Staff report by City Manager Bowersox. The Department of Safety Services proposes
enhancement of Advanced Life Support Emergency Services by adding paramedics to the
fire engine companies at both fire stations. The Fire Department currently has five staff
members who are fully licensed as paramedics who are not functioning as paramedics.
Approval of this proposal will increase the paramedic staffing in the Department to fifteen
by the addition of these five employees.
Speaking in favor of staff recommendation:
Albert Heller, 13837 Tam O'Shanter Drive.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
conversion of two BLS engine companies to two ALS first responder units for the City by
allowing five fire suppression personnel currently certified as paramedics to perform
paramedic duties and appropriate $35,600 to fund additional personnel expenses and
equipment costs. Motion carried 4-0 with Councilmember Emery absent.
ITEM 10 (203-11 )
REQUEST FOR REHEARING
GENERAL PLAN AMENDMENT/ZONE CHANGE 98-01
APPLICANT: CHERYL L. LAPORTE
Staff report by City Manager Bowersox. On June 2, 1998, the City Council denied GPA
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98-01 which proposed a redesignation of a commercial retail site on the southeast corner
of Community Road and Hillary Place from Town Center to Commercial General. The
application was made on behalf of the Town and Country Veterinary Hospital in order to
allow the use. Council was concerned about an animal use next to restaurants and denied
the request. Cheryl LaPorte has presented information regarding the proximity of
veterinarians and restaurants and a statement from the Health Department that there are
not any specific requirements where a minimum separation is mandated between such
uses. Based on this new information, staff recommends a rehearing be scheduled.
Motion by Councilmember Rexford, seconded by Mayor Higginson to schedule a rehearing
of GPA 98-01A & B for September 1, 1998 based on the new and different evidence
presented. Motion carried 4-0 with Councilmember Emery absent.
ITEM 11 (705-11 & 705-12)
LMD 86-2A AND LMD 86-3A MAINTENANCE PLANS
Staff report by City Manager Bowersox. At the June 30, 1998 City Council meeting,
Council directed staff to bring back a report showing the effects of failed Proposition 218
balloting for an increase in assessments for LMDs 86-2A and 86-3A. The increases would
have maintained current levels of service. Staff is proposing various cuts in frequency of
services and recommends approval.
Council discussed monitoring the contractor's performance and letters received from
residents regarding quality of the maintenance received. They asked about holding
another election.
Director of Public Services Williams noted that by Council policy, a petition from 25% of the
benefitting properties is required. There is no budget for another election at this time. He
also compared the contract cost by acre maintained to what he pays a gardener for his
yard maintenance.
Motion by Councilmember Goldby, seconded by Mayor Higginson to approve the proposed
revised budgets for LMDs 86-2A and 86-3A as presented by staff. Motion carded 4-0 with
Councilmember Emery absent.
ITEM 12 (705-00)
LANDSCAPE MAINTENANCE DISTRICTS
REVISED ANNEXATION AND ASSESSMENT POLICIES
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Staff report by City Manager Bowersox. It is necessary to amend the landscape
maintenance district policies to clarify the annexation of any parcel that would receive
special benefit as defined by new assessment law.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to adopt
Resolution No. 98-080, entitled, "A Resolution of the City Council of the City of Poway,
California Approving New and Amended Policies for the Landscape Maintenance Districts
and Rescinding Resolution No. 98-036." Motion carried 4-0 with Councilmember Emery
absent.
ITEM 13 (1180-03)
OTIS RANCH AS A HISTORIC SITE
Staff report by City Manager Bowersox. On June 16, 1998, Eamon Kavanagh spoke under
Public Oral Communications and noted that the property on the north side of Poway Road
between Evanston Drive and Ann-O-Reno Lane was for sale and should be preserved for
its historic significance. The Poway Municipal Code establishes criteda by which a site can
be classified as a local historic structure or place. Also, the General Plan requires certain
actions prior to the demolition of any historic structure. Members of the Poway Historical
Society, at the request of the listing agent for the property, walked the property and stated
that, in their opinion, the structures no longer retained their historic value. No action is
proposed at this time; an application for development will trigger further action.
Speaking in opposition to staff recommendation:
Eamon Kavanagh, 13243 Evanston Drive
Speaking in favor of staff recommendation:
Rolf Steeve, 1567 Dublin Lane, Escondido, grandson of Bill Otis. He stated that
potential buyers are concerned about the impact of an historic designation and requested
an end to the uncertainty. He cited certain inaccuracies in staff's report regarding the
history of the property.
In response to Council query, Director of Planning Services Wright-Quastler stated that the
City Council makes the decision of historical designation based on an assessment done
during review for compliance with CEQA in connection with a specific project.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to not accept
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staff's report; direct staff to redraft to clarify the process set forth in CEQA and the General
Plan for evaluating any project for historical designation and correct information regarding
the buildings. Motion carried 4-0 with Councilmember Emery absent.
ITEM 14 (1402-01)
PERFORMING ARTS FOUNDATION
Staff report by City Manager Bowersox. The Poway Center for the Performing Arts is
requesting a modification to the agreement with the City for presenting professional
programming at the Center. The three-year agreement provides for the Foundation to
continue to be responsible for presenting the professional programming with additional
Foundation personnel and increased City financial participation. For 1998-99 the City's
payment to the Foundation would increase from $106,000 to $185,000. Funds are
available in the unappropriated General Fund Reserve.
Speaking in favor of staff recommendation:
David Bergeson, President of the Foundation Board.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to direct the
City Manager to enter into a three-year agreement under the terms proposed. Motion
carried 4-0 with Councilmember Emery absent.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:56 p.m. and called it back to order at 9:05 p.m.
with all Councilmembers present except Councilmember Emery.
ITEM 15 (602-01 #1031)
SOLID WASTE FRANCHISE ASSIGNMENT
FROM MASHBURN TO EDCO
Staff report by City Manager Bowersox. The City's solid waste and recycling collection
contractor, Mashburn Waste and Recycling Services, has been purchased by EDCO
Disposal Corporation. Mashburn has submitted a request for the City's written consent to
transfer its rights and obligations under the franchise agreement to EDCO. Staff
recommends approval.
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Speaking in opposition to staff recommendation:
Greg King, 10981 Mission Road, San Diego, representing Debris Box, stated the
franchise should be bid periodically to promote competition. Louis Tooch, 14105 Powers Road
Jean Kujawa, 4914 Glenhaven Drive, Oceanside, stated she is opposed to the
regional transfer station in Vista proposed by the Regional Solid Waste Association.
Peggy Collette, 13969 Bernadotte Lane, stated she is opposed to a monopoly and
that EDCO has pled guilty to price fixing.
Chris Cruse, 13734 Utopia, requested an independent committee to review the
proposal.
Kris Murphy, 2628 Royal Crest Drive, Escondido, stated he is in favor of competitive
bidding.
Director of Public Services Williams stated the franchise is for a period of seven years, but
can be canceled at any time by the City Council. Staff reports annually to the City Council
regarding complaints received.
Speaking in favor of staff recommendation:
Ed Burr, President of EDCO, and Richard Opfer, Attorney for EDCO
Motion by Councilmember Cafagna, seconded by Mayor Higginson to adopt Resolution
No. 98-081, entitled, "A Resolution of the City Council of the City of Poway, California,
Approving the Assignment of the Solid Waste Franchise Agreement with Mashbum Waste
& Recycling Services, Inc. to EDCO Disposal Corporation." Motion carried 4-0 with
Councilmember Emery absent.
ITEM 16 (1170-04)
REGIONAL SOLID WASTE ASSOCIATION BUDGET
Staff report by City Manager Bowersox. In September, 1997, the City of Poway joined with
the cities of Del Mar, Encinitas, National City, Solana Beach, and Vista to form the
Regional Solid Waste Association in order to provide stable, long term, cost-effective
options. One of the options being considered is the construction of a solid waste transfer
station in the City of Vista. All costs have been paid on a proportional basis calculated
using the tonnage of solid waste sent to landfills by member agencies. Poway's share of
incurred costs is anticipated to be $46,000 by June 30, 1999. Staff recommends an
appropriation of $255,000 subject to reimbursement from member agencies for the 1998-
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99 budget.
Speaking in opposition to staff recommendation:
Doris Leach, 1465 Eastmore Place, Oceanside, stated the proposed transfer station
is in an inappropriate location
Chris Cruse, 13734 Utopia, requested that all RSWA documents be kept in Poway
rather than Del Mar. She wants information on how the Vista site was selected.
Jean Kujawa, 4914 Glenhaven Drive, Oceanside
Motion by Mayor Higginson, seconded by Councilmember Goldby to appropriate funds for
participation in the Regional Solid Waste Association. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 16.1 (504-05)
DEVELOPMENT SERVICES DEPARTMENT
Staff report by City Manager Bowersox. The Director of Engineering Services resigned last
month and the Director of Planning Services has announced her intention to retire.
Because of a dwindling supply of developable land, it is anticipated within the next few
years there will be an inevitable slowdown in these two departments. The recommendation
is to combine the two departments into a Development Services Department, retain the
services of the Director of Planning Services until December 31, 1998, and recruit for a
Director of Development Services and City Planner.
Motion by Councilmember Goldby, seconded by Mayor Higginson to approve staff
recommendation. Motion carried 4-0 with Councilmember Emery absent.
ITEM 40.1 (602-01 #1271 )
HOUSEHOLD HAZARDOUS WASTE FACILITY
RECIPROCAL USE WITH CITY OF VISTA
Mayor Higginson noted that this item was pulled from the Consent Calendar by two
members of the public, Doris Leach, 1465 Eastmore Place, Oceanside, and Jean Kujawa,
4914 Glenhaven Drive, Oceanside, however, they were not present to speak on this item.
Staff report by City Manager Bowersox. On July 1, 1998, the cities of Poway and Vista
took over the operation of the Permanent Household Hazardous Waste Collection Facilities
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in their respective cities. It is the intention that citizens of each City be allowed to use the
facilities in either City. At the end of each quarter, if there is an unequal exchange of
participants between jurisdictions, the City with the higher participation will reimburse the
other for the difference.
Motion by Councilmember Goldby, scolded by Councilmember Cafagna to approve the
Reciprocal Use Agreement with the City of Vista. Motion carried 4-0 with Councilmember
Emery absent.
CITY ATTORNEY ITEMS
42.
Deputy City Attorney Smith announced the settlement of Superior Court Case No.
717352, Peter B. Bybee vs. City of Poway, according to guidelines approved by
the City Council in closed session. Councilmember Rexford disqualified herself
from participating in that closed session. This case concerned the development of
the Trident Center at the southwest corner of Pomerado Road and Scripps Poway
Parkway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
45.
Councilmember Goldby stated he had given information regarding the "Know Your
City Program" sponsored by the League of California Cities to City Manager
Bowersox.
47A.
Mayor Higginson requested and received Council concurrence to hold a pre-
development conference with Frank Passiglia regarding the development of a parcel
on Gate Drive, immediately south of the proposed Honda dealership on August
13,1998.
47B.
Mayor Higginson requested and received Council concurrence to hold a pre-
development conference with ComSites USA, Inc. regarding a proposed wireless
telecommunications facility at Van Dam Peak on the western border of Poway near
Sabre Springs, north of Poway Road on August 13, 1998.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:25 p.m. on motion by Councilmember
Goldby, seconded by Councilmember Rexford.
Marjorie~,. Wahlsten, City Clerk
City of P0way
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