CC 1998 08-18 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 18, 1998
The August 18, 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
Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Bob Thomas
J. Bradley Kutzner
Reba Wright-Quastler
Warren Sharer
Steve Streeter
John Falconer
Penny Riley
Scott Nespor
City Manager
Assistant City Clerk
City Attorney
Director of Community Services
Acting Acting Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATION
A. Mayor Higginson presented
Barbershop Quartet."
Certificates of Commendation to "Revival
Mayor Higginson presented a Certificate of Commendation to Samantha
Stemler, winner of Curad's "Design Your Own Bandage Contest."
6436
Page 2 - CITY OF POWAY - August 18, 1998
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to be heard.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
Ratification of Warrant Register for period of July 20-24 and July 27-31, 1998.
(401-10)
Approval of Minutes - City Council
July 28, 1998 - Regular Meeting
10.
Rejection of Claims for Damages: 1 ) Rodney L. Crawley, (2) Cynthia Scott, (3) Lynn
& Ronald Sartore, (4) Joseph E. Sellers, (5) Leslie P. Konicki. (704-13)
11.
Approval of Appropriation from the Capital Replacement Fund and Waive the
Formal Bid Process for Purchase of a Backhoe from Contractors Equipment
Company of San Marcos, California for $69,771.87. (401-13)
12.
Acceptance of the ADA Parks Retrofit Project (#1522) from the Wright Company.
(602-01 #1194)
13.
Approval of a Consultant Agreement Between the City of Poway and Dudek &
Associates, Inc. for Engineering Inspection Services for Fiscal Year 1998-1999.
(602-01 #1275)
14.
Adoption of Resolution No. P-98-45 entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Comprehensive Sign Program 98-01,
Assessor's Parcel Number 323-090-62," Scripps Poway Business Park applicant:
a request to establish a comprehensive sign program for the property located at
13801-13881 Danielson Street in South Poway. (203-15)
15.
Approval of an Employment and Training Agreement with ARC (Association of
Retarded Citizens) of San Diego to perform routine parks and trail maintenance.
(602-01 #1276)
6437
Page 3 - CITY OF POWAY - August 18, 1998
15.1 Award of Bid for Closed Video Camera System to Cues in the amount of $41,720.80
(602-01 #1259)
Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 1 (701-04)
ORDINANCE NO. 499/SECOND READING
WATER SERVICE CHARGES AND RATES
ORDINANCE NO. 500/SECOND 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."
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.
Councilmember Emery stated that although he was absent at first reading, he had read the
material and was prepared to vote on the item.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing, waive further reading and and adopt Ordinance Nos. 499 and 500. Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 2 (701-04)
ORDINANCE NO. 501/SECOND 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
6438
Page 4 - CITY OF POWAY - August 18, 1998
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.
There was no one present wishing to speak.
Councilmember Emery stated that although he was absent at first reading, he had read the
material and was prepared to vote on the item.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public
hearing, waive further reading and adopt Ordinance No. 501. Motion carried 4-0 with
Councilmember Cafagna absent.
ITEM 3 (203-01)
TENTATIVE TRACT MAP 98-01
APPLICANT: DAVID JAClNTO
Mayor Higginson opened the public hearing and stated the applicant has requested a
continuance to September 15, 1998. Staff recommends approval of the request.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
consideration of Tentative Tract Map 98-01 to September 15, 1998. Motion carried 4-0
with Councilmember Cafagna absent.
ITEM 4 (701-04)
ORDINANCE NO. 502/FIRST READING
OVER THE COUNTER SALES OF PRODUCTS WITH EPHEDRINE
Mayor Higginson opened the public hearing and read the title of Ordinance No. 502, "An
Ordinance of the City of Poway, California Adding Chapter 9.10 to the Poway Municipal
Code Establishing Regulations Pertaining to the Sale of Over the Counter Products
containing Ephedrine."
Staff report by City Manager Bowersox. Ordinance No. 502 was placed on the agenda at
the request of Council for consideration of the adoption of an ordinance similar to one
adopted by the City and County of San Diego which would regulate the sale large
quantities of over-the-counter, otherwise legal products, containing ephedrine. Ephedrine
6439
Page 5 - CITY OF POWAY - August 18, 1998
is associated with the illegal manufacture of methamphetamine.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further
reading and set second reading for Ordinance No. 502 for September 1, 1998. Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 5 (701-04)
ORDINANCE NO. 503\FIRST READING
FLOOD DAMAGE PREVENTION REGULATIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No. 503, "An
Ordinance of the City of Poway, California, Amending Division V to Title 16 of the Poway
Municipal Code Revising Comprehensive Flood Damage Prevention Regulations in
Accordance with the Requirements of the Federel Emergency Management Agency
Requirements for Flood Insurance."
Staff report by City Manager Bowersox. The City of Poway is a participant in the National
Flood Insurance Program (NFIP). As a participant, the City is required to have a dreinage
ordinance which complies with the current Federal Emergency Management Agency
(FEMA) regulations. The proposed ordinance brings the City current with FEMA
regulations and removes portions of the prior ordinance that do not apply to Poway.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further
reading and set second reading for Ordinance No. 503 for September 1, 1998. Motion
carried 4-0 with Councilmember Cafagna absent.
ITEM 6 (401-27)
TAX RATES FOR BOND INTEREST & REDEMPTION 1998-99
Staff report by City Manager Bowersox. In order to have the bond principal and interest
for fiscal year 1998-1999 collected on the tax roll, it is necessary for Council to approve the
fetes for the bond issues and notify the County of San Diego of the amount to be levied.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 98-089 entitled, '% Resolution of the City of Poway, California, Estimating
the Amount Necessary to be Raised for Taxation for the Fiscal Year 1998-1999 for
644O
Page 6 - CITY OF POWAY - August 18, 1998
Improvement Districts of the City Formerly Known as Poway Municipal Water District."
Motion carried 4-0 with Councilmember Cafagna absent.
ITEM 6.1 (203-24)
MINOR CONDITIONAL USE PERMIT 98-02
APPLICANT: JIM PIVA- PIVA EQUIPMENT RENTAL
Staff report by City Manager Bowersox. On May 12, 1998 Council approved Resolution No.
P-98-29 permitting the establishment of the Piva Equipment Rental business for a period
of one-year at 12316 Oak Knoll Road. Due to issues regarding neighborhood compatibility
the Council directed staff to report back on the compliance with conditions of approval of
the project in 90 days. Inspections conducted by staff have concluded that several
conditions have not been met, in addition, staff has received photographs showing
violations of conditions. Because of this, staff recommends that it is appropriate to
schedule a public hearing for September 8, 1998 to consider the revocation of Minor
Conditional Use Permit 98-02.
Speaking in opposition to staff recommendation:
Jim Piva, owner of Piva Equipment Rental, 12316 Oak Knoll Road.
Motion by Councilmember Emery, to approve staff recommendation. Motion died for lack
of a second.
Motion by Councilmember Goldby, seconded by Mayor Higginson, to direct staff to
schedule a public hearing for September 22, 1998 to consider revocation or modification
of Minor Conditional Use Permit 98-02. Motion carried 3-1 with Councilmember Emery
voting no. Councilmember Cafagna absent.
CITY ATTORNEY ITEMS
42.
City Attorney Eckis requested a closed session for anticipated litigation under
Government Code Section 54956.9(c); Number of potential cases - one. No special
findings need to be made and no report out is expected.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Councilmember Emery requested the discussion of the gated communities policy
6441
Page 7 - CITY OF POWAY - August 18, 1998
be placed on the September 8, 1998 agenda.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:12 p.m. on motion by Councilmember
Goldby, seconded by Councilmember Rexford.
Lori~nne Peoples, Ass~t~nt City Clerk
City of Poway
6442