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CC 2000 09-19CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 19, 2000 The September 19, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Javid Siminou Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Development Services Director of Public Services Deputy Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Engineer Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Tom Teal, 15131 Country Hill Road, spoke regarding visual impacts on his neighborhood caused by a retaining wall being installed on Golden Sunset. CONSENT CALENDAR Mayor Cafagna stated that a request was received from the applicant to continue Item 7 to the September 26, 2000 meeting. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to approve the remainder of the Consent Calendar as follows: 7O43 Page 2 - CITY OF POWAY - September 19, 2000 Ratification of Warrant Register for the period of August 28 through September 1, 2000. (401-10) Approval of a Report of Administrative Action Taken on City Council-Initiated and Public Inquiry Items for the Period of May 16, 2000 -August 28, 2000. (701-10) = Award of Bid for the Pomerado Road Improvements from Poway Road to Ted Williams Parkway (#5285).(Continued to September 26, 2000X602-01#1434) Approval of a Time Extension of the Standard Agreement for Construction of Public Improvements to January 6, 2002 for Tentative Pamel Map (TPM) 96-09, located at the east end of Cinchring Road and north of Garden Road, Randall Farrar, applicant, James R. and Betty Jean Krueger, owners.(602-01 # 1231) Approval of Release of Grading Security for MC Direct, Lot 27, TTM 85-04, John Leimbach, applicant. (203-01) 10. Approval of Extension of Agreement with Berryman and Henigar for Engineering Services through December 1, 2001. (602-01 #95) 11. Approval of Extension of Agreement with Boyle Engineering Corporation for Engineering Services through February 2, 2002. (602-01 #8) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 530/FIRST READING REGULATING ROLLER DEVISES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 530, "An Ordinance of the City of Poway, California, Adding Chapter 10.60 to the Poway Municipal Code Regulating Roller Devices." Staff report by City Manager Bowersox. This is a proposal to enact a City ordinance regulating roller devices. Property damage and liability risks continue to arise by allowing these activities on City property including school grounds. The following person was present wishing to speak: Agnes Wood-McNeill, 12950 Ilene Street, spoke in opposition. 7044 Page 3 - CITY OF POWAY - September 19, 2000 General discussion ensued with consensus to eliminate the blanket prohibition, include prohibition where posted on both public and pdvate property and where use interferes with pedestrian and vehicular safety whether or not posted, and add scooters to the definition of "roller device." Motion by Councilmember Emery, seconded by Councilmember Rexford, to waiver further reading and continue the public hearing to October 3, 2000 for second reading and adoption as amended. Motion carried unanimously. ITEM 2 (701-04/602-01 #9) ORDINANCE NO. 528/URGENCY AMENDMENT TO PERS CONTRACT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 528, "An Ordinance of the City of Poway, California, Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System and Declaring the Urgency Thereof." There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to waive further reading, close the public hearing and adopt Urgency Ordinance No. 528 to be effective immediately. Motion carried unanimously on a roll call vote. ITEM 3 (203-08) CONDITIONAL USE PERMIT 00-16 APPLICANT: JM CONSULTING GROUP Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a wireless communication facility consisting of four panel antennas on two new parking lot light poles on a developed commercial lot at 15644 Pomerado Road. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-00-75, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-16 Assessor's Parcel Number 275-461-07." Motion carried unanimously. 7045 Page 4 - CITY OF POWAY - September 19, 2000 ITEM 4 (203-13/203-08/203-04) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 00-13 DEVELOPMENT REVIEW 00-10 VARIANCE 00-09 APPLICANT: BOUKATHER AND ASSOCIATES Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to construct a 16,751 square foot auto collision repair facility on a 1.1-acre site located on the northeast corner of Poway Road and Olive Tree Lane. Staff is requesting that the public headng for this item be continued to October 3, 2000 to permit the applicant time to clarify several design issues. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to continue the public hearing to October 3, 2000. Motion carried unanimously. CITY ATTORNEY ITEMS 13. City Attorney Eckis requested a Closed Session, Conference with Legal Counsel-Anticipated Litigation, discussion on whether or not to initiate litigation pursuant to Government Code §54956.9(c), one potential case. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Emery requested staff reflect the name of the Councilmember along with the numerical vote when not unanimous. 15. Councilmember Goldby requested consideration of the designation of the $1 million settlement payment due 1 October 2001, to funding of recreation programs and/or facilities for families and the youth in the City of Poway. (602-01 #1319) CLOSED SESSION Mayor Cafagna called for a Closed Session as requested by the City Attorney at 7:40 p.m. 7O46 Page 5 - CITY OF POWAY - September 19, 2000 CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 7:59 p.m. with all Councilmembers present. Upon motion by Councilmember Rexford, seconded by Deputy Mayor Higginson, he adjourned the meeting at 8:00 p.m. Lo~i-Ahne-Peoples, ~,i~ ~erk City of Poway 7O47