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CC 1998 01-13 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 13, 1998 The January 13, 1998, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez John Falconer Penny Riley City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Assistant to the City Manager PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Susan Sheldon, 13411 Starridge Street, requested a workshop meeting regarding the new library and asked who is negotiating the service contract with the County. Councilmember Rexford stated she has requested Ms. Sheldon to put her concerns in writing. 6271 Page 2 - CITY OF POWAY - January 13, 1998 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve the Consent Calendar as follows: 4. Ratification of Warrant Register for periods of December 22-26, 1997. (401-10) 5. Approval of Parcel Map for Boundary Adjustment 97-07, Old Coach Golf Estates, north of Old Coach Road. (203-12) 5.1 Approval of an agreement for appraisal services for the refinancing of Community Facilities District 88-1 with Anderson and Brabant, Inc., for a cost not to exceed $25,000. (405-01 ) Motion carried unanimously. ITEM 1 (203-08) CONDITIONAL USE PERMIT 97-10 APPLICANT: BIRTCHER DEVELOPMENT Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This is a request to construct a multi-tenant office complex consisting of a total of 250,000 square feet of leasable space on 18 acres at the north terminus of Stone Place. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-98-05, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 97-10, Assessors Parcel Number 323-480-01, 02." Motion carried unanimously. ITEM 2 (701-04) ORDINANCE RE SEWER EXTENSION LINE CHARGE FEE ITEM 3 1170-02) SEWER EXTENSION LINE CHARGE 6272 Page 3 - CITY OF POWAY - January 13, 1998 Mayor Higginson opened the public hearings and read the title of an Ordinance, "An Ordinance of the City of Poway, California, Amending Section 13.04.195 of the Poway Municipal Code Concerning the Sewer Extension Line Charge Fee for Equivalent Dwelling Units (EDU) Connecting to Sewer Lines Funded by The City's Sewer Fund." City Manager Bowersox stated staff is requesting these items be pulled from the agenda. Motion by Councilmember Emery, seconded by Councilmember Rexford to pull Items 2 and 3 from the agenda. Motion carried unanimously. ITEM 3.1 (203-08) REQUEST FOR REHEARING APPLICANT: CHEVRON PRODUCTS COMPANY Councilmember Rexford disqualified herself from this item. City Manager Bowersox stated we have received a request for rehearing for hours of operation of a gasoline station in Conditional Use Permit 97-08, Tddent Center. Staff does not believe there is any new and different evidence not available at the December 16, 1997 hearing and are requesting denial of the request. Motion by Councilmember Goldby, seconded by Mayor Higginson to deny the request by Chevron for a rehearing. Motion carried 4-0 with Councilmember Rexford disqualified. CiTY ATTORNEY ITEMS 7. A. City Attorney Eckis requested a closed session regarding anticipated litigation pursuant to Government Code Section 54956.9(b)(1 ) in two cases. Bo City Attorney Eckis requested a closed session be added to the agenda in the Poway Land v. City of Poway case. He stated there is an immediate need to take action which came to the attention of staff within the past 72 hours. He has received a settlement offer which will expire at 8 a.m. on January 14, 1998. Motion by Mayor Higginson, seconded by Councilmember Goldby to add this closed session to the agenda making the finding that the need to take action arose within the past 72 hours. Motion carried unanimously. City Attorney Eckis stated that a judge has ordered the Fair Political Practices Commission to not enforce the provisions of Proposition 208. The 6273 Page 4 - CITY OF POWAY - January 13, 1998 ruling does not appear to affect Poway's campaign finance ordinance. MAYOR AND CITY COUNCIL-INITIATED ITEMS Councilmember Emery stated staff had suggested moving pre-development conferences from a Thursday workshop to a Tuesday regular meeting since there were very few items on the Tuesday agenda. He requested and received Council concurrence to keep workshop-type items on Thursday workshop agendas and any changes will be brought to the City Council for discussion and action. CLOSED SESSION Mayor Higginson called for a closed session at 7:20 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 7:50 p.m. and adjourned it on motion by Councilmember Emery, seconded by Councilmember Cafagna. MarjOrie~K. Wahlsten, City Clerk City of,~P~Oway 6274