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CC 2001 02-20CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2001 The February 20, 2001, 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, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Betty Rexford STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Dennis Quillen Deborah Johnson John Tenwolde Javid Siminou Jennifer Johnson Diane Mann City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Deputy Director of Public Works Director of Redevelopment Services Sheriff's Captain City Engineer Management Analyst Code Compliance Officer PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATIONS City Manager Bowersox introduced new Economic Development Manager, Ingrid Alverde. 7165 Page 2 - CITY OF POWAY - February 20, 2001 Mayor Cafagna presented a $3,000 check to Poway High School Grad Nite Co-Chairs Jeanne Dillon and Karen Crabtree who along with students, Dan Crabtree, Mike Dillon, Tara Duddy, Chelsea Smith and Tom Smith, thanked the Council for their continued support. Mayor Cafagna, with the assistance of SherifFs Captain Tenwolde, presented Certificates and Badges to recent Senior Volunteer Patrol Sheriff Academy Graduates Ed Ostrom and Carl Robbins. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 4. Ratification of Warrant Register for the Period of January 22-26, 2001. (401-10) Approval of Minutes - City Council January 30, 2001 - Regular Meeting 7. Acceptance of the 00/01 Citywide Striping Contract from C-18 Inc. (602-01 #1429) Acceptance of the Environmental Site Assessment Project at Fire Station 1 from Kleinfelder, Inc. (602-01 # 1445) Approval of Reduction of Grading Security No. 1801119 from $294,186 to $147,093 subject to receipt of substitute security, for Agee Residence, Permit No. G1271-00, 17087 Old Coach Road; Greg Agee, Applicant. (203-10) 10. Rejection of claims against the City: 1 ) Lorraine Rushing; 2) Paul Chillino.(704-13) 11. Authorization to have Dudek and Associates perform a three-phase Dredging Investigation Study of Poway and Rattlesnake Creeks for $80,000.(602-01 #1339) Motion carried 4-0 with Councilmember Rexford absent. 7166 Page 3 - CITY OF POWAY - February 20, 2001 ITEM 1 (203-08) CONDITIONAL USE PERMIT 00-11 WIRELESS COMMUNICATION FACILITY LUTHERAN CHURCH OF THE INCARNATION APPLICANT: WFI/SPRINT Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to allow the installation of a wireless communication facility at the Lutheran Church of the Incarnation located at 16889 Espola Road. The following people were present wishing to speak: Gene Benson, 9665 Chesapeake Avenue, San Diego, representing the applicant, WFI/Sprint, spoke in support of the request and responded to questions of the Council. Judy Safley, 16863 St. James Drive, spoke in opposition. Walter Goddel, 16865 St. James Drive, spoke in opposition. Paul Thompson, 16864 St. James Drive, spoke in opposition. Susan Lipson, 13002 Edina Court, spoke in opposition. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-01-07, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-11 Assessor's Parcel Number 273-820-08" with the added condition that staff look into the possible interruption regarding pacemakers and report back to Council prior to the antenna installation. Motion carried 4-0 with Councilmember Rexford absent. ITEM 2 (203-01) TENTATIVE TRACT MAP 90-06/-I-IME EXTENSION (3) CARMEL MOUNTAIN VIEWS APPLICANT: CARRYL THOMAS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one-month time extension (to March 20, 2001 at 5:00 p.m.)to a previously approved map for the subdivision of 16.9 acres into 8 single family lots a the north end of Eisenhower Avenue with access from both Crossrock Road and Eisenhower Avenue. 7167 Page 4 - CITY OF POWAY - February 20, 2001 The following people were present wishing to speak: Angela Fream, 12290 Witt Road, spoke in opposition. Scott Thompson, 12211 Holland Road, spoke in opposition. Daniel Williams, 5190 Governor Drive, La Jolla, representing Leppert Engineering, the project manager, spoke in support. Chris Talbot, 12210 Holland Road, spoke in opposition. Carryl Thomas, 13340 Montego Drive, applicant, spoke in support. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-01-08 entitled, "^ Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map TTM 90-06 TE3 and Superseding Resolution No. P-97-44." Motion carried 3-1 with Councilmember Emery voting "no" and Councilmember Rexford absent. ITEM 3 (203-24) STATUS REPORT MINOR CONDITIONAL USE PERMIT 99-06 APPLICANT: MOTORSPORT WAREHOUSE Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a status report on the progress being made by Motorsport Warehouse at bringing outstanding violations into compliance with all Conditions of Approval pursuant to Resolution No. P-99-66. Director Fritz reported that the applicant had, just prior to the meeting, completed all but several minor items. There remains a question as to whether they need to have final approval for occupancy from the Air Pollution Control District. If they do, then they did not receive final inspection or a certificate of occupancy in time to fulfill their obligations. If they do not need it, then they have fulfilled their obligation. This item is a receive and file. No objection as filed. CITY ATTORNEY ITEMS 13. City Attorney Eckis stated that the Closed Session under 13E would not be held. Further, that no special findings or report out would be made with exception to Closed Session 13D which would be referred to the City Attorney for defense. 7168 Page 5 - CITY OF POWAY - February 20, 2001 Ao Conference with Legal Counsel - Existing Litigation Government Code §54956.9(a) Poway Redevelopment Agency v Eugene Chandler etal San Diego Superior Court Case No. GIC 750629 Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Government Code §54956.9(b) Number of potential cases: 1 Endangered Habitats League Notice of Intent to File Suit on file in the Office of the City Clerk. Conference with Legal Counsel - Existing Litigation Government Code §54956.9(a) Craig v City of Poway San Diego Superior Court Case No. 625859 Conference with Legal Counsel - Existing Government Code §54956.9(a) Oliveri v DeConcini, City of Poway San Diego Superior Court Case No. GIC757708 Eo Conference with Legal Counsel - Threatened Litigation Discussion on whether or not to initiate litigation Government Code §54956.9(c) Number of potential cases: 1 MAYOR AND CITY COUNCIL-INITIATED ITEMS 15. Councilmember Goldby expressed concerns with complaints received regarding Poway's Transit Service. He also requested reconsideration of the color scheme for the City Flag be placed on a future agenda. CLOSED SESSION Mayor Cafagna called for Closed Session at 8:25 p.m. as requested by the City Attorney. 7169 Page 6 - CITY OF POWAY - February 20, 2001 CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:49 p.m. with all members present except Councilmember Rexford and adjourned the meeting at 9:50 p.m., upon motion by Councilmember Higginson, seconded by Councilmember Emery, with Councilmember Rexford absent. L~ri ~,nne ~e-0ples, '~,ity ~'Terk City of Poway 7170