CC 1998 09-22 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 22, 1998
The September 22, 1998, 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
COUNClLMEMBERS ABSENT AT ROLL CALL
Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Peggy Stewart
Javid Siminou
Reba Wright-Quastler
Mark Sanchez
Warren Shafer
Penny Riley
Patrick Foley
Tom Cleary
Scott Nespor
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
City Attorney
Director of Administrative Services
Acting Director of Engineering Services
Director of Planning Services
Director of Safety Services
Director of Redevelopment Services
Assistant to the City Manager
Senior Management Analyst
Sheriff's Detective Sergeant
Management Assistant
Councilmember Cafagna led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following persons were present and expressed their opposition to the proposed Vista
Transfer Station:
Doris Leach, 1465, Eastmore Place, Oceanside
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Jean Kujawa, 4914 Glenhaven Drive, Oceanside
Chris Cruse, 13734 Utopia, Poway
Laura Thomas, 4841 Meadowbrook Drive, Oceanside
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Cafagna, to approve the
Consent Calendar, as follows:
Ratification of Warrant Register for period of August 31 to September 4, 1998.
(401-10)
Approval of Minutes - City Council
September 8, 1998 - Regular Meeting
September 10, 1998 - Adjourned Regular Meeting
ITEM I (701-04)
ORDINANCE NO. 506/SECOND READING
RETENTION OF SPECIFIED EMPLOYEES
Deputy Mayor Goldby opened the public hearing and read the title of Ordinance No. 506,
"An Ordinance of the City of Poway, California, Amending Chapter 2.16 of the Poway
Municipal Code to provide for the retention of specified employees by contract terminable
at will."
Staff report by City Manager Bowersox. This ordinance amends the Poway Municipal
Code to establish the City's top executive positions as "at will" employees who are exempt
from the personnel system and serving at the pleasure of the City Manager. Additionally,
there are two accompanying resolutions approving the form of contract with specified
employees and amending the Personnel Rules and Regulations to make them consistent
with the revisions in the Poway Municipal Code.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing and adopt Ordinance No. 506; Resolution No. 98-094, entitled, "A
Resolution of the City Council of the City of Poway Approving the Form of Employment
Agreement for Specific Employees, Authorizing the City Manager to Execute the Same,
and Authorizing and Directing Certain Actions with Respect Thereto" and Resolution No.
98-095, entitled, "A Resolution of the City Council of the City of Poway, California
Amending the City of Poway Personnel Rules and Regulations to make them Inapplicable
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to Specific Employees." Motion carried 3-0 with Councilmember Rexford and Mayor
Higginson absent.
ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 98-02
VARIANCE 98-07/MINOR DEVELOPMENT REVIEW 98-14
APPLICANT: JIM PIVA
Deputy Mayor Goldby opened the public hearing. Introduction of item by City Manager
Bowersox. This is a modification or revocation of a permit to operate an equipment rental
business located at 12316 Oak Knoll Road. Staff is recommending the permit be revoked.
Planning Director Wright-Quastler provided a verbal update of conditions that had been
met since the August 18, 1998 hearing.
City Attorney Eckis noted the Council procedural rule that three affirming votes were
needed in order to revoke, modify, change or continue the item. If three votes were not
attained, the item would automatically be continued to the next meeting.
The following people were present wishing to speak to the item:
Mike Graham, 12270 Oak Knoll Rd., Poway/Pomerado Equipment spoke in support
of staff recommendation.
Lynell Comer, 13844 Pomerado Rd., spoke in opposition to staff recommendation.
Paul Coleman, 12324 Oak Knoll Rd., Oak Knoll Dental, spoke in support of staff
recommendation.
Jim Piva, 12316 Oak Knoll Rd., Piva Equipment Rental, spoke in opposition to staff
recommendation and responded to questions of the Council.
Mary Coleman, 12324 Oak Knoll Rd., Oak Knoll Dental, spoke in support of staff
recommendation.
Council questioned Mr. Piva about his use of the site. He stated that although he would
like a site on Poway Road there was nothing available and therefore the Oak Knoll site
would be a good permanent site.
Councilmember Cafagna stated he felt the Oak Knoll site to be inappropriate and
encouraged Mr. Piva to look elsewhere for a permanent location.
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Motion by Councilmember Emery, seconded by Councilmember Cafagna, to continue the
item to October 6, 1998. Motion carried 3-0 with Councilmember Rexford and Mayor
Higginson absent.
ITEM 3 (1404-05)
TRAILS STATUS REPORT
NAMING OF JUSTIN'S TRAIL
City Manager Bowersox stated that a request had been received from the Sabin family
stating that they had a scheduling conflict and requesting a continuance to September 29,
1998 so that they could be in attendance.
Council concurred to continue the item to September 29, 1998.
ClTY MANAGERITEMS
City Manager Bowersox stated that Poway Sheriff's Captain John Falconer was being
transferred and that Captain John Tenwolde was being assigned to the Poway Station.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a Closed Session for Conference with Legal Counsel -
Pending Litigation under Government Code Section 54956.9(a) with regards to the
Bankruptcy Hearing on Mega Foods. A report out is expected.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
10.
Councilmember Emery requested a presentation on the MTDB Subcommittee
Report on 1-15 and discussion of the Old Poway Park goals and future guidelines
for land acquisition in the Old Poway Park area be set for a future workshop.
11.
Deputy Mayor Goldby advised Council that County Supervisor Pam Slater held a
meeting with representatives from cities impacted by the 1-15 corridor and
suggested those cities do a region-wide study, headed by SANDAG, of significant
impacts.
He then announced the launching of Poway's Government Access Cable Channel
effective this Friday, September 25, 1998 on Cox Channel 17 and Time-Warner
Channel 24. Following his announcement, a video was shown of what would be
airing.
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CLOSED SESSION
Deputy Mayor Goldby called for a closed session at 7:59 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Deputy Mayor Goldby called the meeting back to order at 8:04 p.m.
City Attomey Eckis announced that the Bankruptcy Trustee had claimed the City owed
$18,000. The City had spent $4,000 resisting the claim. The proposed settlement was for
the City to bear the attorney costs and keep the $18,000. Council voted 3-0 with
Councilmembers Rexford and Mayor Higginson absent, to authorize the City Attorney to
sign the settlement agreement and dispose of the claim.
ADJOURNMENT
Deputy Mayor Goldby adjourned the meeting at 8:06 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
EorilAnne-Peoples, city-c'~erk
City of Poway
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