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Item 6 - Second Reading Ordinance 446 ,NDA REPORT MARY _FROM'- dames L. 8o~ersox, City Man~ INXTIukTED BY: John D. Fitch, ' City Manager~)~v- Marjorie K. Wahlsten, City Clerk~--~C~~- DATI~: May 23, 1995 S~: Ordinance No. 446 - Second Reading -n May 2, 19 5, the City Co ncil introduced and had the first reading on Or inance No. 46 - "An Or inance of the ity of Poway, California, Adding Chapter 15.28 o the Poway unicipal Co e Adopting Ce ain P of Title 25 of the California Co e of egulations elating to Mo lehome Inspe tions, Except Fee and Penalty P ertaining to the Construc on, Use Main enance, and Occupancy of Mobilehomes." ouncilmembers Cafagna an Emery were a sent at first reading. There was no public estimony given. Staff recommends adopt on. ENVIR ~E~ Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory Agencies. FIS~ None. Notice was published in the [ ~ News ~tain prior to first reading of the ordinance. ENDATI If the City Council desires to adopt, read title and waive further reading of the Ordinance by vote. Pass motion closing public hearing and adopting (roll call vote). A~fI~ION lof5 MAY 2.3 1995 ITEM ,6 CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manag~) John D. Fitch, Assistant City Manager~ INITIATED BY: Marjorie K. Wahlsten, City Clerk~ DATE: May 23, 1995 SUBJECT: Ordinance No. 446 - Second Reading GROUND On May 2, 1995, the City Council introduce and had the first reading on Ordinance No. 446 - "An Ordinance of the C ty of Poway, California, Adding Chapter 15.28 to the Poway Munici al Code dopting Certain P of Title 25 of the California Code of Regulat OhS Rela lng to Mobilehome Inspections, Except Fee and Penalty P Perta ning to he Construction, Use Maintenance, and Occupancy of Mobilehomes." Counc lmembe~ Cafagna and Emery were absent at first reading. There was no publ c testimony given. Staff recommends adoption. FINDINGS It is in order to have the second reading and adopt this Ordinance. FISCAL INPACT None. ENVIRONMENTAL REVIEW Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory Agencies. ADDITIONAL PUBLIC NOTIFICATION AND Notice was published in the News Chieftain prior to the first reading of the Ordinance. RECONNENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by vote. Pass motion closing public hearing and adopting (roll call vote). Attachment: 1) Ordinance 2 of 5 I AY 31995 ITEM ORDINANCE NO. 446 -- A ORO N 0 THE C Y 0 POW ', C IFORNIA -DTNG CHAPT 1 .28 P, Y .U P CO AD T NG CER T PR VI IONS OF TITm OF I I 'I 0 RE aT RELATI 0 M R ~HOME INS rT nNS, E A'. AL Y PR ~SI , PERTA 'G T J : ,(S,nUCT~ ., S , ]AI T 'A CE, AND OCC A CY OF] I EHO.E WHEREAS, Division 1, Chapter 2, of Title 25 of the California Code of Regulations establishes the standards for mobilehome construction, use, and occupancy statewide; and WHEREAS, Title 25 has no application to publicly-owned mobilehome parks unless adopted locally; and WHEREAS, the publicly-owned mobilehome parks in the City of Poway should be subject to the same inspection standards as privately-owned parks, and WHEREAS, Government Code Section 50022.2 et. seq. authorizes a local agency to adopt all or any portion of Title 25 by reference, provided that penalty p be set forth in full; and WHEREAS, the ity Council finds that the adopt!o~ of certain of the p of Title 5, except the fees and penalty p is for the orderly and uni orm application of mobilehome building standards in all _ mobilehome parks in oway; and WHEREAS, the City Council shall set forth the penalty p in full herein and shall establish inspection fees from time to time by resolution; and WHEREAS, a properly noticed public hearing was conducted and copies of the Poway Municipal Code, this Ordinance, and Division 1, Chapter 2, of Title 25 are on file and open to public inspection, all in accordance with G Code Section 50022.3; and WHEREAS, the City Council finds that the proposed Ordinance is categorically exempt from the requirements of the California E tal Quality Act, Class 21. NOW, THEREFORE, the City Council of the City of Poway, California does hereby ordain as follows: Section 1. Chapter 15.28 is hereby added to the Poway Municipal Code as set forth in Exhibit A attached hereto. Section 2. The City Council hereby authorizes and directs that Chapter 15.28 inspection fees shall be set by resolution. EFFECTIVE DATE: This ordinance shall take effect and e in force thirty (30) days after the date of its passage; and before the exp ration of fifteen (15) days after its passage, it shall be published once w th the names and members voting for and against the same in the P a newspaper of general circulation published in the City of Poway. 3 of 5 ~A¥ 2 3 1995 IT£M .6 , CITY OF POWAY REGULAR MEETING - MAY 23, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS - 13325 CIVIC CENTER DRIVE NEETING CALLED TO ORDER AS CITY COUNCIL/PLANNING COMMISSION/REDEVELOPMENT AGENCY ]. - CAFAGNA, CALLERY, EHERY, REXFOP, D, HIGGZNSON 2. - DEPUTY NAYOR CALLERY 3. NT ~q$: A. Cot letfon Certificates to Volunteer Park Rangers 4. ~,L C vlUI (State law ,way prohibit the City Counct) ?rom takfn9 action on items not on the agenda. Your concerns will be re?erred to staff.) CONSENT CALENDAR - ITl UMB ED 16 MR UGH 2 'N I T ' IN 0 . -' AT THIS OINT M ~ . ER ENO II ( OMO TH ~ ~EMS PRIO TO TH I VO OTIO ,. T. 'ERS F C" L, ST FF THE $ SP F - TOB J F t.. ITEM W' *ARE LL BE CO THE " E Y Y , 'E G 1 Y ' ~$H ~ ' L AN ITEM, IL OUT A R U ST T LI 'EM N ~'R OF S,A F RECOMMEND ~ AN R D IN OPPO T ON) /ND E T 0 CI~ ' C R . )N1 ) PU EAR) 5.* rdinance No. 444 - Sec nd Reading - 'An Ordinance of the City of oway, alifornia, Adding Chap er 8.05 to Title 8 of the Poway Nunicipa Code elating to the Regulat on of the Sale of Tobacco Products" (Con inued rom May 9, 1995, Item .) (7 1-04) CZTY MANAGER'S RECONMENDATION: Take public input; read title and waive further reading ( vote); close public hearing and adopt ordinance (roll call vote). ose( # Exhibit in Preparation CITY OF POWAY - CITY COUNCIL AGENDA - MAY 25, 1995 - PAGE TWO 6.* rdinance No. 446 - Second Read ng- "An Ordinance of the Clt of Poway, alifornia, ~dding Chapter ]5. 8 to the Po ay Municipal Co e Adopting err in P of Tttle 2 of the Cal fornia Code of egu!ations ela ing to Mob lehome inspect OhS, Except ee and Penalty err aning to ~e Construction, Use Main enance, and Occupancy of obi ehomes.~ ( untinued from May 2, ]995, rem 6.) (701-04) CiTY MANAGER'S RECOM~ENOATION: Take public input; read title and waive further reading ( vote); close public hearing and adopt ordinance (roll call vote). ~ C HE~ [NGS 7.* E fa1 Assessment and Variance 9S-O], George Montello applicant, Alb rt P. Cruz, owner: a request to allow construction of a 3]9 square foo room addition on the property located at ]]875 Poway Roa . The app ication also includes a request for a variance approval to a ~ow the add tion to encroach 8 feet into the required 20 foot s de-yard setback. 203-04) CITY MANAGER'S RECOMmENDATiON: Take public input; close public hearing; adopt Planning Resolution approving with conditions. 8.* Lease Agreement with the Poway Valley Community Garden Clu for the Community Garden on Redevelopment Agency property located at ! 112 Vista View Drive. This is a request to implement a community gar en with a start-up loan from the agency to supplement anticipated contri utions of material and labor. It is estimated there will be slightly more than 50 plots on the 1.01 gross acre sites Bi .~ ......... ' (602-01 #226R) CITY MANAGER/EXECUTIVE DIRECTOR'S RECOMPlENDATION: Take public input; close public hearing; adopt two benefit resolutions (1 City, Redevelopment Agency); authorize the Executive Director to execute the Lease; appropriate $5,000 from the Redevelopment Agency CIP reserve fund. g.* Landscape Maintenance District 83-1. First public hearing to allow public input for Cs to be collected on the San Diego County Tax Roll during fiscal year 1995-96. Proposed t for Zone A is $~18.48 per ear, and for Zone B is $255.35 per year, which represents no ange from Y 93-94 for both zones. (Zone A: Rancho Arbolitos; Adobe dge I and I, AKA Poway Woods; The Colonies, AKA Poway Hills; Casa Rea , Unit 7; ancho Espola; Country Creek; Woodland Hills; Communit ]6 V llas, AKA oway 16; Pa k Village Condos; Cicero-Pacific; Gateway/L Manda; Jonathan ark Lane; ndian Trails; Royster/Footman Lane; Carme Vista; Midla d states; Sto bs; Cusick; Oiroma Estates; Royster/Stone anyon. Zone win Peaks P aza; Urban Economic; E1 Rancho Grande, Montessori; Pomera o oarding Care; Kindercare.) (705-0) CITY MANAGER'S RECOmmENDATION: Take public input; continue public hearing to June ~7, 1995 for adoption of Cs of $~18.48 in Zone A and $255.34 per year in Zone B which is no change from 1993-94. t nc s~ Exhibit in Preparation CITY OF POWAY - CITY COUNCIL AGENDA -MAY 23, 1995 - PAGE THREE 10.* Landsc e Maintenance District 86-1. First public hearing to allow public input · r ts t be collected on the San Diego County Tax Roll during iscal year lgg$- 6. Pro osed t for Zone A is $261.00 er ear w ch is decreased rom $26 .02, and no t for Zone B. (Z ne : Br dlewood; Piedmon Park; tone Canyon Park; The Grove; Hunting on ate; -mes; Jemy Corporation; tratford; Green Valley Groves; Serena a; reen a,ley Oaks; Bernardo Winery; Liu; Krikoriantz. Zone B: Poway hapel.) (70S-Og) CITY MANAGER'S RECOMMENDATION: Take public input; continue public hearing to June 27, 1995 for adoption of ts of $261.00 for Zone A which is a decrease from $261.02 in 1993-94. 11.* Landscape Maintenance District 86-3. First public hearing to llow public input for ts to be collected on the San Diego Court ' Tax Roll during fiscal year 1995-96. Proposed t for Zone A is 163.00 per ear, and for Zone B is $113.80 per year, which represents no hange from Y 93-94 for both zones.(Zone A: The Pond; S camore Sprin s; Carriage Dad Townhomes; Creekside Lane Condos. Zone B Sycamore S rings; Wal- art; Rancho Towing/Storage; Poway News Chie tain; Mortu ry Services nt'l; Creekside Plaza; St. Mar Enterprises; Ch ldren/Preven ive Dental; egaFoods Plaza.) (705-12) CITYMANAGER'$ RECOP~qENOATION: Take public input; continue public hearing to June 27, 1995 for adoption of ts of $163.00 in Zone A and $113,80 in Zone B which is no change from 1993-94. ;F RTS 12.* Report regarding drainage improvements for the Poway Library site, located on the southwest corner of Poway and Bowron Roads. (1402-02) CITY MANAGER'S RECOMMENOATIO : Adopt Alternative O which is a combination concrete channel and natural zed channel improvements to flood proof the library site and direct sta f to complete the environmental review and site development process wh ch will allow development on the north and south portions of the library site. 13.* Traffic Safety Committee review regarding parking conditions on north side of Norwalk Street at the intersection with Norwalk Lane/Old Community Road. (1163-01) CITY MANAGER'S RECOMMENDATION: Adopt Resolution establishing parking restrictions on a segment of the north side of Norwalk Street. 14.* Stowe Drive Extension between Pomerado Road and Old Pomerado RD d. 1110-04) CITY MAI~GER'S RECOMMENDATION: Direct staff to conduct a nei hborhood _ meeting to discuss the findings of the preliminary design of St we Drive extension and the replacement of that project with a traffic signal at Pomerado Road and Old Pomerado Road. OS( Exhibit in Preparation CITY OF POWAY - CITY COUNCIL AGENDA - MAY 23, 1995 - PAGE FOUR lB.* City's Investment Report as of April 30, ]995. (408-01) CITY KRNAGER'$ RECOMMENDATION: Receive and file and direct the City Manager to proceed with the Phased Withdrawal Option from the San Diego County Investment Pool. r C~ R 16.* Approv 1 M nu ity Cou cil pr 1 , 5, egular eeting pr 2 , 5, egular eeting pr 2 , 5, djourne Regular Meeting 17.* Approv 1 nu edevelo merit Agency pr , S, egular eeting pr , 5, egular eeting pr , 5, djourne Regular Meeting 18.* Ratification of Warrant Register for period of May 1-5, 1995. (401-10) 19.* proval of the acquisition of two gO-foot sewer ease ents for the Midland ad/Orange Blossom sewer pro ect; I) Joseph Czarzas , in the amount of ,600, located north of the xisting terminus of Mi and Road at Orange ossom Lane; and 2) OWHLS, L.., a California Limite artnership, in the amount of $1,000, located sou hwest of the terminus o Budwin Lane. (lOOl-02) gO.* Resolution No. 95- - Ordering the Summary Vacation of an Irrevocable Offer of Dedication--of a Public Highway Easement on Midland Road from Orange Blossom Lane to Del Poniente Road, (VAC gs-oI) (1002-06) 217 Resolution No. 95- - Ordering the Summary Vacation of an Easement for County Highway for-R~adway Purposes on Midland Road from Orange Blossom Lane to Del Poniente Road. (VAC 95-02) (1002-06) 22.* Resolution No. 95- Approving Advance Retirement of Bonds for Assessment Oistrict~. 79-1 by September 2, ]995. Assessment District 79-1 was created to fund public improvements for the installation of a water system and appurtenances for properties in the eastern portion of Poway. (405-02) 23.* pproval of amendment to Agreement with the County of San Diego fo anagement and Implementation of an Eighteenth Year Community Developmen lock Grant Project; adoption of two benefit resolutions (1 City, edevelopment Agency). (602-01 ~799 24.* Ap royal of interpretation of South Poway Development Standards to all to ing operation and temporary storage of vehicles on Lots 41 and wi hin Parkway Business Centre; Anytime Towing, applicant; APN 317-810- & 9. (203-0 lC se Exhibit in Preparation CITY OF POWAY - CITY COUNCIL AGENDA -MAY 23, 1995 - PAGE FIVE 25? Adoption of Planning esolution No. P-95- - Temporary Use Permit 95- 31, seventh annual pring Street Fair,'--Foway Chamber of Commerce, applicant, to be hel Sunday, May 28, 1995 from 10 a.m. to 4 p.m. on Midland Road between drian and Edgemoor Roads. (203-07) 26.* Adoption of Planning Resolution No. P-95- - Temporar Use Permit 95- 23, Phil Spears/Poway High School Band-lF6osters, ap licants, for a Christiansen Amusements fundraising carnival on the M a Food /K-Mart site, northeast corner of Poway and Midland Roads, June -4, 199 . 2O3-07) 27.* Adoption of Planning Resolution No. P-95- - Denying Minor Con itional Use Permit 95-03, Bruce and Carolyn CasseTl~-, applicants: a requesting to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates. (confirming action taken May 9, 1995, Item 6) (203-24) ~S 28. 2g. 30. MICKE¥ CAFAGNA 31. SUSAN CALLERY 32. ROBERT EMERY 33. BETTY REXFORD 34. DON HIGGINSON NT Exhibit in Preparation EN t REP, IMARY _FROM: James L. Bowersox, City Mana~~ BY: John D. Fitch, CyitC~ ~~l~ ~ Marjorie K. Wahlsten, Cit e DATE: May 23, 1995 SIJB~C'I': Ordinance No. 446 - Second Reading -n May 2, 19 5, the City Co ncil introduced and had the first reading on Or inance No. 46 - "An Or inance of the ity of Poway, California, Adding Chapter 15.28 o the Poway unicipal Co e Adopting Ce ain P of Title 25 of the California Co e of egulations elati g to Mo lehome Inspections, Except Fee and Penalty P ertaining to the .onstruc on, Use M' ' and Occupancy of Mobilehomes." ouncilmember~ Ca agna an Emery were absent at first reading. There was no public estimony given, taff recommends adoption. Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory Agencies. F None. Notice was published in the ~ prior to first reading of the ordinance. If the City Council desires to adopt, read title and waive further reading of the Ordinance by vote. Pass motion closing public hearing and adopting {roll call vote). ACTION lof5 MAY 2 3 1995 ITEM I TY OF P OWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Manag~ John D. Fitch, Assistant City ManagerO~i~ INITIATED BY: M&rjorie K. Wahlsten, City Clerk~ DATE: May 23, 1995 SUBJECT: Ordinance No. 446 - Second Reading BACKGROUND On May 2, 1995, the City Council introduce and had the first reading on Ordinance No. 446 - "An Ordinance of the C ty of Poway, California, Adding Chapter 15.28 to the Poway Munici al Code dopting Certain P of Title 25 of the California Code of Regulat ons Rela ing to Mobilehome Inspect ons, Except Fee and Penalty P Perta ning to he Construction, Use Main enance, and Occupancy of Mobilehomes." Counc lmembers Cafagna and Emery were a sent at first reading. There was no publ c testimony given. Staff recommen s adoption. FINDINGS It is in order to have the second reading and adopt this Ordinance. FISCAL IMPACT None. ENVIRONMENTI IEW Categorically exempt from CEQA under Class 21, Enforcement Actions by Regulatory Agencies. ADDITIONAL PUBLIC NOTIFICATION AND Notice was published in the News Chi prior to the first reading of the Ordinance. RECOMMENDATION If the City Council desires to adopt, read title and waive further reading of the Ordinance by vote. Pass motion closing public hearing and adopting {roll call vote). Attachment: I) Ordinance 2 of 5 ~'~A¥ % ~ 1995 ITEM 6 ORDINANCE NO. 446 -- A ORD N 0 T E Y 0 POW ', CA IFORNIA DTNG CHAPT ~ .28 p.UA' IP CO AD TING CER T PR vi IONS OF TIT~ ~ OF ~ T uR T 0 RE aT NS RELAT' O. R ~HOME INS T -NS, EE AL Y PR ~S S, PERTA T , NS ~UCT~ ., S , MA A CE, AND OCC ANCY OF. H .E WHEREAS, Oivision I, Chapter 2, of Title 25 of the California Code of Regulations establishes the standards for mobilehome use, and occupancy statewide; and WHEREAS, Title 25 has no application to publicly-owned mobilehome parks unless adopted locally; and WHEREAS, the publicly-owned mobilehome parks in the City of Poway should be subject to the same inspection standards as privately-owned parks, and WHEREAS, G Code Section 50022.2 et. seq. authorizes a local agency to a~opt all or any portion of Title 25 by reference, provided that penalty be set forth in full; and WHEREAS, the ity Council finds that the adoption of certain of the p of Title 5, except the fees and penalty p is for the orderly and uni orm application of mobilehome building standards in all _ mobilehome parks in oway; and WHEREAS, the City Council shall set forth the penalty p ' ' in full - herein and shall establish inspection fees from time to time by resolution; and WHEREAS, a properly noticed public hearing was conducted and copies of the Poway Municipal Code, this Ordinance, and Division 1, Chapter 2, of Title 25 are on file and open to public inspection, all in accordance with G Code Section 50022.3; and WHEREAS, the City Council finds that the proposed Ordinance is categorically exempt from the req~ of the California E 1 Quality Act, Class 21. NOW, THEREFORE, the City Council of the City of Poway, California does hereby ordain as follows: Section I. Chapter 15.28 is hereby added to the Poway Municipal Code as set forth in Exhibit A attached hereto. Section 2. The City Council hereby authorizes and directs that Chapter 15.28 inspection fees shall be set by resolution. EFFECTIVE DATE: This ordinance shall t ke effect and e in force thirty (30) days after the date of its passage; and efore the exp ration of fifteen (15) days after its passage, it shall be pu lished once w th the names and members voting for and against the same in the a newspaper of general circulation published in the City of Poway. 3 of 5 ~AY ~ 2 1995 ITEM Ordinance No. 446 Page 2 INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway held the'2nd day of May, 1995, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 23rd day of May, 1995, by the following roll call vote: AYES: NOES: ABSENT: IRSO~, :en, 4 of 5 ~lAY ~ 3 1995 Il'EM C inance No. ~ Page 3 Exhibit A Page 1 Sections: dop ion. ele ions. ppl cation. ena ties. eferences. There is adopted as the City mobilehome code for the purpose of regulating the construction, use, maintenance, and occupancy of mobilehomes in the City of Poway, Title 25, Division 1, Chapter 2, as revised and effective January 1, 1994. 15.28.020 [ Sections 1008 - 1024, inclusive, and Sections 2200 - 2860 of Division 1, Chapter 2, of Title 25 of the California Code of Regulations, as revised and effective January 1, 1994, are deleted. 15 The p ' ' of this Chapter 15.28 shall apply to all mobilehomes located in the City of Poway which are not otherwise subject to Title 25, Division 1, Chapter 2, of the California Code of Regulations because such mobilehomes are located in a publicly-owned park, or for any other reason whatsoever. Penalties. The penalties for any violation of provision of Title 25, Divis on 1, Chapter 2, of the California Code of Regulations adopted by Section 1 .28.010 shall be those penalties set forth in Section 1.08.010 of the Poway Mun 6ipal Code. References. References in t'e adopted p of Title 25, Division 1, Chapter 2, of the California Co e of Regulations to the department, enforcement agency, or any director, ad , inspector, or other employee thereof shall refer to the City of Poway Bu lding Department and its director, administrator, inspector, or employee. 5 of 5 ~AY ~ 3 1995 ITEM