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CC 1998 01-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 20, 1998 The January 20, 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 Lori Peoples Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez John Falconer Penny Riley City Manager Assistant City Clerk City Attorney 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: Connie Messina, 12643 Oak Knoll Rd., spoke regarding a discrepancy as to her house being in the flood plain. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rex'ford, to approve the Consent Calendar as follows: 6275 Page 2 - CITY OF POWAY - January 20, 1998 Approval of Minutes - City Council December 16, 1997 - Regular Meeting December 23, 1997 - Canceled Meeting December 30, 1997 - Canceled Meeting Ratification of Warrant Register for periods of December 29, 1997 through January 2, 1998. (401-10) Approval of Parcel Map 97-13 Over a Portion of Lots 15-20, 23-26 of Tentative Tract Map 87-13(R) Unit 2, Parkway Development, LLC. (203-01) Motion carried unanimously. ITEM 1 (203-08) CONDITIONAL USE PERMIT 97-11 APPLICANT: CRAIG DAVIDSON Mayor Higginson opened the public hearing. Councilmember Rexford disqualified herself and left the dais to sit in the audience. Staff report by City Manager Bowersox. This is a request to construct and operate a 19,850 square foot child care facility on the vacant 2.9 acre property located on the southeast corner of the intersection of Creek Road and Pomerado Road. Rrevisions have been made to the approving resolution to remove the requirement of a raised landscape planter and to amend the traffic mitigation fees from $26,697 to $23,925. Staff recommends approval as amended. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Cafagna, to close the public hearing and adopt Planning Resolution No. P-98-06, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 97-11 and Development Review 97-47, Assessor's Parcel Number 320-011-27," as amended. Motion carried 4-0 with Councilmember Rexford disqualified. (Councilmember Rexford returned to the dais at this point.) ITEM 2 (1206-02) COX COMMUNICATION CABLE RATES City Manager Bowersox stated that this item had been referred from the January 6, 1998 meeting, Item 30B. Staff report by Director of Community Services Thomas. The City has filed a Form 329 Complaint with the Federal Communications Commission (FCC) over their 6276 Page 3 - CITY OF POWAY - January 20, 1998 most recent rate increase and is working with the County of San Diego and some of the other cities served by Cox Communications to petition our Congressman and two U.S. Senators to sponsor or support federal legislation to address the cable issues. Council concurred to receive and file the report. CITY ATTORNEY ITEMS 8, A. City Attorney Eckis announced that the County Board of Supervisors will not hold a second reading on the gasoline divorcement ordinance unless a showing of support was received from other cities. Council concurred to place it on the February 3, 1998, agenda for discussion. City Attorney Eckis advised that he had joined the City in an Amicus Brief with the City of Monterey where a trial judge ordered a jury trial when a lawsuit was brought by a developer over limited development to preserve habitat. City Attorney Eckis announced he would schedule the lawsuit received today regarding to the Trident commercial project for Closed Session on the January 27, 1998, agenda. ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned at 7:19 p.m. L"~i A. Peoples, Assist~"~t City Clerk City of Poway 6277