Loading...
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 6456 Page 2 - CITY OF POWAY - September 22, 1998 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 6457 Page 3 - CITY OF POWAY - September 22, 1998 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. 6458 Page 4 - CITY OF POWAY - September 22, 1998 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. 6459 Page 5 - CITY OF POWAY - September 22, 1998 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 646O