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