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CC 1994 07-19 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OULY 19, 1994 The July 19, 1994, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by City Clerk Wahlsten at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILRERBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Tony Snesko COUNCILHEMBERS ABSENT AT ROLL CALL Bob Emery, Don Higginson STAFF MEMBERS PRESENT Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Randy Williams Garry MacPherson Penny Riley City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Fire Battalion Chief Management Analyst SELECTION OF PRESIDING OFFICER City Clerk Wahlsten stated that Poway Municipal Code Section 2.18.110(C) prov)des for the selection of a presiding officer when the Mayor and Deputy Mayor are absent. Motion by Councilmember Callery, seconded by Councilmember Cafagnato select Councilmember Snesko to serve as Presiding Officer at this meeting. Motion carried 3-0 with Mayor Higginson and Deputy Mayor Emery absent. PLEDGE OF ALLEGIANCE Councilmember Callery led the Pledge of Allegiance. PROCLAMATION Presiding Officer Snesko presented a proclamation to Poway Firefighter Bill Clark proclaiming July 29, 1994 as "Firefighter Appreciation Day." PUBLIC ORAL COMMUNICATIONS Presiding Officer Snesko explained the procedure for Public Oral Communications. The following persons were present wishing to speak: 5268 Page 2 - CITY OF POWAY - July 19, 1994 Bill Currie, 12917 Margate Avenue, recently hired as field representative for State Assemblyman Goldsmith introduced himself to the City Council. Jim Shea, 12423 Paseo Colina, spoke regarding the pending lawsuit with San Diego Gas & Electric regarding the proposed 36" pipeline in Pomerado Road. David Butler, 12729 La Vista Way, thanked staff for finally succeeding in getting the illegal satellite dish removed from his neighborhood. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: Approval of Minutes - City Council June 23, 1994 Adjourned Regular Meeting 9. Ratification of Warrant Register - June 30, 1994 (401-10) 10. Approval of City's Investment Report as of June 30, 1994. (408-01) 11. Acceptance of Golden Way Sewer line from C. E. Wilson Corp. (1813) (602-01 #1009) 12. Award of bid for Materials Screening Plant to Hawthorne Machinery of San Diego in the amount of $96,237.53. (601-03) 13. Receive and file report of administrative action taken on City Council and Public Inquiry Items. (June 7-July 5, 1994) (701-10) 14. Approval of class specifications for Deputy Director of Administrative Services and Computer Support Technician. (503-03) Motion carried 3-0 with Mayor Higginson and Deputy Mayor Emery absent. ITEM 5 (203-24) CONDITIONAL USE PERMIT 94-08 MINOR DEVELOPMENT REVIEW 94-25 TEMPORARY USE PERMIT 94-45 APPLICANT: ULTIMATE CAR COMPANY Presiding Officer Snesko opened the public hearing. Staff report by Assistant City Manager Fitch. This is a request for a used car dealership at 14132 Poway Road, immediately east of Olive Tree Lane. This property has been proposed for the same type development as CUP 91-02 and CUP 93-05. The current project proposes the installation of 1,344 square foot modular buildings for use as a sales complex for a period of two years. At the end of two years they will be replaced with a permanent building, along with a 2,800 square foot repair/maintenance building. Staff recommends approval. 5269 Page 3 - CITY OF POWAY - July 19, 1994 Speaking in favor of staff recommendation: Robert Richardson, 2802 State Street, Carlsbad, requested the Resolution termination be changed to two years from occupancy rather than two years from this meeting. Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-94-37, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 94-08, Minor Development Review 94-25 and Temporary Use Permit 94-45, Assessor's Parcel Number 323-190-58,60," amended as requested by Mr. Richardson and clarified that parking will only be on paved areas and auto repair work will be in the permanent building." Motion carried 3-0 with Mayor Higginson and Deputy Mayor Emery absent. ITEM 6 (203-24) MINOR CONDITIONAL USE PERMIT 94-05 CAPPUCCINO COTTAGE APPLICANT: CHARLIE CHURCH Presiding Officer Snesko opened the public hearing. Staff report by Assistant City Manager Fitch. This is a request to operate a specialty coffee kiosk on a permanent basis within the Lively Center at 13232 Poway Road. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-94-38, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 94-05, Assessor's Parcel Number 317-101-42." Motion carried 3-0 with Mayor Higginson and Deputy Mayor Emery absent. ITEM 6.1 (1160-01) LEFT TURN RESTRICTIONS FROM POWAY POST OFFICE Staff report by Assistant City Manager Fitch. In May, 1992, signs restricting left turns onto Midland Road from the Post Office's exit driveway were installed at the request of the Postmaster. On June 8, 1994, City Council requested that staff review conditions again at the driveway. The Traffic Safety Committee recommends eliminating the left turn restrictions as it does not enhance traffic safety in the public right-of-way. Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve removal of the left turn restrictions at the Poway Post Office. Motion carried 3-0 with Mayor Higginson and Deputy Mayor Emery absent. 527O Page 4 - CITY OF POWAY - July 19, 1994 CITY ATTORNEY ITEMS City Attorney Eckis requested three closed sessions: Ao Conference with Legal Counsel - Existing Litigation - §54956.9(a) Case: San Diego Gas & Electric Company v. City of Poway, et al., Superior Court No. 672505. Bo Conference with Legal Counsel - Existing Litigation - §54956.g(a) Case: City of Poway on behalf of CFD 88-1 v. Parkway Business Centre Partners Ltd., et al., Superior Court No. 672341. Co Conference with Legal Counsel - Existing Litigation - §54956.9(a) Case: Sycamore Canyon Association v. City of Poway, Superior Court No. 674656. MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. Councilmember Cafagna requested that staff look at conditions in Old Poway Park as a result of the train accidents that occurred over the Fourth of July week-end. Assistant City Manager Fitch stated it is being looked at. 19. Councilmember Snesko requested an item be placed on the August 2, 1994 agenda regarding the horse ordinance and the establishment of an Equestrian Commission. CLOSED SESSION Presiding Officer Snesko called for a closed session at 7:30 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Presiding Officer Snesko called the meeting back to order at 8:30 p.m. and adjourned the meeting on motion by Councilmember Callery, seconded by Councilmember Cafagna. sten, City Clerk 5271