CC 2001 06-05CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 5, 2001
The June 5, 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
Jay Goldby, Don Higginson, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLLCALL
Bob Emery, Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Tamara Smith
Warren Shafer
Niall Fritz
Dennis Quillen
Mark Sanchez
John Tenwolde
Javid $iminou
Patti Brindle
Jim Lyon
David Narevsky
Pamela Wilczak
Mike Robinson
Patrick Foley
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
Assistant City Attorney
Director of Administrative Services
Director of Development Services
Deputy Director of Public Works
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Associate Planner
Redevelopment Manager
Housing Program Manager
Traffic Safety Engineer
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
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PRESENTATIONS
Mayor Cafagna presented a 10-Year Service Award to David Narevsky, Redevelopment
Manager.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The
following people were present wishing to speak:
Charles Rhynes, 12543 Buckskin Trail, addressed the Council about the soils conditions
and brow ditch behind his home.
Earl Clampet, 12623 Pedriza, spoke to Council about the need for a chain-link fence with a
posted "no trespassing" sign between his home and the Gateway development. He also
expressed concern with the Sheriff's Department response regarding illegal camping in the
area.
CONSENT CALENDAR
Staff requested Item 16 be removed from the Consent Calendar and continued to June 12,
2001. Deputy Mayor Goldby requested Item Nos. 15, 17 and 24 be removed from the
Consent Calendar for discussion. Motion by Deputy Mayor Goldby, seconded by
Councilmember Higginson, to approve the remainder of the Consent Calendar as follows:
12. Ratification of Warrant Register for the Periods of April 23-27, April 30 - May 4, and
May 7-11, 2001. (401-10)
13. Approval of Minutes - City Council
May 8, 2001 - Regular Meeting
16.
Award of Bid for the Brighton Avenue Demolition Project to *** in the amount of***
(Continued to June 12, 2001 ). (602-01 #310R)
18.
Approval of Reallocation of $165,000 in Transportation Development Act (TDA)
Funds from the Automatic Vehicle Location Project to the Poway Road Bus Shelters
Project. (1207-01 )
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19.
Acceptance of Improvements for Tentative Tract Map 90-04, Footman Lane and
Release of Securities, Performance Bond SD00033667 for $172,300 and Payment
Bond for $86,150; Bill Smith, Cai Sun Development Co., LLC, Applicant. APN: 275-
232-02. (602-01 #973)
20.
Approval of Release of Grading Bond No. 172 03 55 in the amount of $197,809.74
and Reduction of Cash Security from $40,000 to $20,680 under Grading Permit No.
G1282-00 for Tentative Tract Map 87-13, 12365 First American Way,
Shamrock/Poway Investors; Shamrock Poway Investors I, LLC, Applicant. APN:
323-480-03. (203-01)
21.
Adoption of Resolution No. 01-038 - Authorizing the Submittal of Applications to the
California Integrated Waste Management Board for the Used Oil Recycling Block
Grant Program. (401-30)
22.
Award of Bid for the Norwalk Lane/Twin Peaks Road Wall Replacement Project to
3-D Enterprises in the amount of $138,350 and approval of appropriation of $73,000
from the Unappropriated General Fund to provide sufficient funding to complete this
project. (602-01 #1484)
23.
Appropriation of Funds in the amount of $71,000 from the undesignated balance of
the Poinsettia Family Mobilehome Park Capital Replacement Fund #613 for the
Poinsettia Family Mobilehome Park Sewer Lateral Modification Project.
(602-01 #306R)
25.
Approval of the Extension of the 00-01 Crack Seal Program Contract to include the
2001-02 Crack Seal Program to Rubberized Crackfiller Sealant, Inc., in the amount
of $68,250. (602-01 #1401)
25.1
Authorization to Perform Limited Soils Investigation for City Hall Site Altematives
and Appropriation of $10,400 for Group Delta Consultants to Perform the Study.
(1601-01/602-01 #956)
Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 1 (701-04)
ORDINANCE NO. 538/SECOND READING
SHAPE AND BUILDABILITY OF LOTS
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Mayor Cafagna opened the public hearing and read the title of Ordinance No. 538, "An
Ordinance of the City of Poway Amending Section 17.08.170 of the Poway Municipal
Code Pertaining to Shape and Buildability of Lots. Staff report by City Manager
Bowersox. On May 22, 2001, Council introduced and held first reading of the Ordinance
which defines "unusually shaped" lots to be those that do not observe a 3:1 lot depth to lot
width ratio.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to close the
public hearing, waive further reading and adopt Ordinance No. 538. Motion carried 3-0
(roll call vote) with Councilmembers Emery and Rexford absent.
ITEM 2 (701-04)
ORDINANCE NO. 539/FIRST READING
HEIGHT OF ADDRESS NUMBERS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 539, "An
Ordinance of the City Of Poway Amending Chapter 17.40 of the Poway Municipal Code
Pertaining to the Minimum and Maximum Height of Address Numbers (ZOA 01-03)." Staff
report by City Manager Bowersox. At the September 26, 2000 meeting, Council reviewed
a request to allow address numbers 7 feet in height. Council concurred with staff
recommendation to initiate this amendment to establish a maximum height for address
numbers.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to waive further
reading and continue the public hearing to June 19, 2001 for second reading and adoption.
Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 3 (701-04)
ORDINANCE NO. 540/FIRST READING
OUTDOOR DISPLAYS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 540, "An
Ordinance of the City of Poway Amending Chapter 17.04, 17.10 and 17.26 of the Poway
Municipal Code Pertaining to Outdoor Display in the MU, CO, CN, CB, TC, CG, A/GC
Zoning Districts and the South Poway Commercial Land Use Designation Within the City
(ZOA 01-02)." Staff report by City Manager Bowersox. The permitting of Outdoor Display
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and Sales was discussed at Council Workshops on October 19, 1999, February 10, 2000
and January 11, 2001. At the January 11, 2001 Workshop, Council consensus was for
staff to go forward with the Ordinance and establish a $125 fee for the administrative
Outdoor Display Permit. Once established, staffwill bring this back to Council for review in
one year.
The following person was present wishing to speak:
Jim Baumann, 13172 Poway Road, representing the Poway Chamber of Commerce,
spoke in support.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to waive further
reading and continue the public hearing to June 19, 2001 for second reading and adoption.
Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 4 (203-21/203-08/203-14/701-04)
ENVIRONMENTAL ASSESSMENT
SPECIFIC PLAN AMENDMENT 84-01YY
SPECIFIC PLAN 01-01
CONDITIONAL USE PERMIT 01-04
DEVELOPMENT REVIEW 01-03
ORDINANCE NO. 541/FIRST READING
HILLSIDE VILLAGE WORKFORCE HOUSING
APPLICANT: BREIHAN HOUSING ASSOCIATES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 541, "An
Ordinance of the City of Poway, California Creating Specific Plan 01-01 (SP 01-01 ) for the
Hillside Village Workforce Housing". Introduction by City Manager Bowersox. Overview of
staff report by Development Services Director Fritz. This is a request for a Specific Plan
Amendment to change the land use designation from Mobile Home Park (MHP) to
Residential Apartment (PA), a Specific Plan for the workforce housing development, and a
Conditional Use Permit and Development Review for the construction of a 71-unit
workforce housing apartment complex, a community building, and a day care facility on a
32.72-acre site located approximately 700 feet southeast of Community Road and Civic
Center Drive.
The following people were present wishing to speak:
Patti Hamic-Christensen, 1820 S. Escondido, Ste. 101, Community Development Director
representing Community Development, spoke in support.
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Constance Griffin, 12655 Gate Drive, spoke in opposition.
Rita Carlson, 13032 Gate Drive, expressed concerns with increased traffic in her
neighborhood.
Peggy Stewart, 13038 Creek Park Drive, representing Soroptomists International of
Poway, spoke in support.
Tom Scott, 13038 Creek Park Drive, President of Community Housing, spoke in support.
Ena Richardson, 29550 Yellow Brick Road, Escondido, President of Poway Villas
Community Housing Association, spoke in support.
Crystal Harvey, 13250 Civic Center Drive, President of Park View Terrace Resident's
Association, spoke in support.
Amy La Bouyere, 13047 Gate Drive, spoke in opposition.
Barbara Van Heyningen, 13755 Calle Seco, spoke in opposition to any additional Iow
income housing in South Poway.
Shannon Molnar, 13250 Civic Center Drive, spoke in support.
Paula Heald, 13250 Civic Center Drive, spoke in support.
Agnes Wood McNeill, P.O. Box 574, San Marcos, spoke in support.
Mary Shaw, 12452 Whispering Tree, spoke in opposition to the location in South Poway.
Ray Yankowski, 13032 Gate Drive, expressed concerns with increased traffic.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to issue a
Mitigated Negative Declaration; adopt City Resolution No. 01-039, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving a Specific Plan Amendment
(SPA 84-01YY) to the South Poway Specific Plan to Establish the Residential Apartment
Land Use Designation and to Change the Land Use Designation of an 8-Acre Portion of a
32.72-Acre Site from Mobile Home Park (MHP) to Residential Apartment (RA) APN: 317-
480-10 and 13," Resolution No. P-01-28, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Conditional Use Permit 01-04 and Development
Review 01-03 Assessor's Parcel Numbers 317-480-10 and 13," waive further reading and
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continue public hearing for second reading and adoption of Ordinance No. 541 to June 19,
2001. Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 5 (203-13/602-01 #309R)
ENVIRONMENTAL ASSESSMENT
APPROPRIATION OF FUNDS
ACQUISITION OF PROPERTY
13406-10 COMMUNITY ROAD
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
item was originally scheduled for May 1,2001, but was continued to allow renoticing of the
Environmental Assessment. On February 6, 2001, the Council authorized staff to
negotiate to acquire property located at 13406-10 Community Road. The City Council
approved entitlements for a 35-unit apartment complex on this site on July 11, 2000.
Community Housing of North County (CHNC) and Agency staff have negotiated terms for
the Agency to assume CHNC's position in a Purchase Agreement with the property
owner, Viper Mira Mesa, Inc. The Council reasonably expects to issue the 2001 Tax
Allocation Bonds series, and the Council further expects to use the principal amount of
$1,400,000.00 from this issue for the purchase of this property. An Exclusive Negotiating
Agreement was also prepared that would allow up to 11 months to negotiate the terms of
a Disposition and Development Agreement. Approval of this acquisition and appropriation
would result in the close of escrow on June 15, 2001.
The following person was present wishing to speak:
John Alioto, 14314 Mango Cove, Del Mar, representing his mother who owns 14340
Community Road, expressed concerns with the proposed increased density and traffic.
Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public
hearing, issue a Negative Declaration; approve the proposed land acquisition and
Exclusive Negotiating Agreement; appropriate $1,397,430, and authorize the City
Manager/Executive Director to execute documents necessary to complete the acquisition.
Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 6 (705-16)
ASSESSMENT DISTRICT NO. 2001-1
OLD COACH ROAD WATER LINE PROJECT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Due
to an unreliable ground water supply and the concern expressed by residents in the Old
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Coach Road area, the Council, at a meeting held January 8, 1998, directed staff to work
with residents of Old Coach Road to explore options to provide domestic water to the area
and to establish an Assessment District to fund the improvements.
On March 1,2001, at a study session, Council gave direction that they would purchase
and hold the Assessment District bond, thereby saving the property owners up to $40,000.
On April 17, 2001, Council adopted two Resolutions: 1 ) the Resolution of Intention which
approved the Proposed Boundary Map and declared its intent to form Assessment District
No. 2001-1 (Old Coach Water Line Project); and 2) the Resolution Fixing the Time and
Place for Hearing Protests, in which it approved the Preliminary Engineers Report and set
the date and time for a public hearing for June 5, 2001, at 7:00 p.m.
On April 20, 2001, notices and assessment ballots were mailed to all property owners
within the boundaries of the Assessment District as specified by Proposition 218.
The purpose of this report is to continue and finalize the formal Assessment District
establishment proceedings, if the property owners approve the Assessment District. Also
on the Agenda is a companion action to establish a Development Fee area. This action
supplements the proposed Assessment District by collecting additional money to pay for
the water line if more development takes place than has been assumed in the
Assessment District methodology. The approval of the Development Fee will only be
needed if the Assessment District is approved.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Councilmember Higginson, to close the public
hearing and tabulate the ballots. Motion carried 3-0 with Councilmembers Emery and
Rexford absent.
City Clerk Peoples presented the sealed ballots to Jeff Cooper and Joan Cox of Hards
and Associates for tabulation.
Upon completion of the tabulation, Jeff Cooper announced the results as follows: Out of
39 properties, 32 had voted. 31 had voted "yes" and 1 had voted "no" resulting in 97.4%
voting "yes." The Assessment District passed.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to adopt
Resolution No. 01-041, entitled, "A Resolution of the City Council of the City of Poway
Making Determinations, Confirming Assessments and Proceedings, Ordering the
Acquisition of the Improvements, and Designating the City Treasurer to Collect and
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Receive Assessments and to Establish a Special Fund for Assessment Distdct No. 2001-1
(Old Coach Road Water Line Project)." Motion carried 3-0 with Councilmembers Emery
and Rexford absent.
ITEM 7 (705-16/402-05)
DEVELOPMENT FEE
OLD COACH ROAD WATERLINE PROJECT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a companion item to the Item 6, Old Coach Road Waterline Assessment District. Since
the Assessment District was formed, staff recommends the Council approve a Resolution
establishing a Development Fee. This fee would cover all properties in the water line
service area and would only be charged in the event properties add a dwelling unit above
the single unit assumed in the calculation of the Assessment District, or if the one property
outside the pressure zone that declined to be included in the Assessment Distdct wishes
to connect to the water line.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to close the
public hearing and adopt Resolution No. 01-042, entitled, "A Resolution of the City Council
of the City of Poway, California, Establishing a Development Fee Upon Development
Within the Boundaries of Assessment District No. 2000-1 (Old Coach Road Water Line
Project)" and direct staff to notice the Thompson property. Motion carried 3-0 with
Councilmembers Emery and Rexford absent.
ITEM 8 (203-21)
INITIATION OF SPECIFIC PLAN AMENDMENT 84-01ZZ
SOUTH POWA¥ SPECIFIC PLAN
Staff report by City Manager Bowersox. This is a request to initiate a Specific Plan
Amendment to allow a Lightning Protection System to exceed the maximum permitted
height for structures on the interior of the Business Park. Council reviewed this request at
its April 5, 2001 Workshop.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to adopt
Resolution No. 01-040, entitled, '% Resolution of the City Council of the City of Poway,
California, Initiating a Specific Plan Amendment (SPA 84-0177) to the South Poway
Specific Plan Establishing Development Standards for Lightning Protection Systems."
Motion carried 3-0 with Councilmembers Emery and Rexford absent.
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ITEM 9 (203-24)
ANNUAL REVIEW
MINOR CONDITIONAL USE PERMIT 99-08
APPLICANT: DIXIELINE LUMBER COMPANY
Staff report by City Manger Bowersox. Minor Conditional Use Permit 99-08 was approved
by Council on January 11,2000, to allow a temporary mobile storage unit on the west side
of the Dixieline building at 13345 Poway Road. The mobile storage unit and any
unscreened outdoor storage items are to be removed no later than January 4, 2002, when
the MCUP expires. Council requested a review in June 2001 to valuate the applicant's
progress on a permanent solution to the storage situation. Staff recommendation is to
receive and file this report.
There was no one present wishing to speak.
No objection as filed.
ITEM 10 (602-01 #1482)
AGREEMENT
SAN DIEGO COUNTY WATER AUTHORITY
INTEREST IN REAL PROPERTY - SANREX
Staff report by City Manager Bowersox. This is a proposed agreement between the San
Diego County Water Authority and the City of Poway concerning the required habitat
mitigation for the Authority's approved Emergency Storage Project within the Poway HCP
Mitigation Area and on property owned by Sanrex.
There was no one present wishing to speak.
Motion by Councimember Higginson, seconded by Deputy Mayor Goldby, to authorize the
City Manager to finalize and execute the agreement. Motion carried 3-0 with
Councilmembers Emery and Rexford absent.
ITEM 11 (1204-13/602-01 #1483)
APPROPRIATION OF FUNDS
JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM
D-MAX ENGINEERING, INC.
Staff report by City Manager Bowersox. The newly adopted storm water municipal permit
requires each co-permittee to prepare a Jurisdictional Urban Runoff Management
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Program (URMP) that describes an overall program, as required by Permit Order 2001-01.
Staff is recommending the Council appropriate $62,200 from the City's Unappropriated
General Fund balance and authorize the City Manager to execute a contract with D-Max
Engineering, Inc. for those services.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the
appropriation and authorize the City Manager to execute the agreement. Motion carried
3-0 with Councilmembers Emery and Rexford absent.
11.1 (203-21/203-08/203-14/602-01 #293R/401-13)
APPROPRIATION OF FUNDS
HILLSIDE VILLAGE WORKFORCE HOUSING
APPLICANT: BREIHAN HOUSING ASSOCIATES
Staff report by City Manager Bowersox. Council approved a Disposition and
Development Agreement with Breihan Housing Associates (BHA) on June 27, 2000, to
develop and operate workforce housing on the Agency-owned Breihan site. BHA is
submitting an application for federal Tax Credits on June 15, 2001, which requires that all
public sources of funding be committed, including the City's loan. This report would
appropriate the funds needed during construction and for the smaller permanent loan,
which total $2,910,400. A portion of the City's construction funds would be refunded upon
closing of the permanent loan. The City's permanent loan is estimated to be between
$1,403,891 and $2,484,800, depending upon interest rates, the amount of the tax credit
equity, and final construction costs.
The following person was present wishing to speak:
Bill Cross, 13105 Corona Way, representing the Weingart Senior Center, spoke in
support.
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, in favor of
Council appropriating $2,025,040 from the Agency's Housing Fund and the transfer of
$832,560 of unexpended funds from the Brookview Account to Hillside Village. Motion
carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 24 (208-02/704-16R/1601-1 OR)
STATUS REPORT
LONG-TERM GOAL
MOBILEHOME PARK SALE
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This report updates the City Council on the implementation of the long-term goal for the
mobilehome parks and recommends that staff proceed with the potential sale of Poinsettia
Senior and Family Mobilehome Parks.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson to direct staff to
proceed with the potential sale. Motion carried 3-0 with Councilmembers Emery and
Rexford absent.
ITEM 15 (602-01 # 1249)
FISCAL YEAR 2000-2001
LIBRARY SERVICES AGREEMENT
COUNTY OF SAN DIEGO
In April 1998, the City of Poway and the County of San Diego entered into an agreement
for the provision of library services at the Poway Community Library. The Poway Library
budgets approved each fiscal year by the City Council and the County Board of
Supervisors become Exhibits B and C to the Library Services Agreement. Staff is
recommending that the City Council receive and file this report as Exhibits B and C to the
Poway Community Library Services Agreement Between the City of Poway and the County
of San Diego for FY 2000-2001.
Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to receive and
file the report. Motion carried 3-0 with Councilmembers Emery and Rexford absent.
ITEM 17 (601-03)
AUTHORIZATION TO SOLICIT PROPOSALS
COLD DRINK VENDING MACHINES
CITY PARKS AND FACILITIES
In February, Council authorized staffto solicit proposals from Coca-Cola and Pepsi for an
exclusive agreement to provide cold drink vending machines at City parks and facilities.
No bids were received by the noticed deadline for the submittal. It is recommended that
staff be directed to negotiate an exclusive agreement with Pepsi or other cold ddnk
vending machine company and authorize the City Manager to execute an exclusive
agreement.
Deputy Mayor Goldby stated that he opposed this item back in February, and was still
opposed.
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Motion by Mayor Cafagna, seconded by Councilmember Higginson, to authorize. Motion
failed 2-1 with Deputy Mayor Goldby voting "no" and Councilmembers Emery and Rexford
absent.
CITY ATTORNEY ITEMS
27. Assistant City Attorney Smith requested two Closed Sessions be held:
A. Conference with Real Property Negotiator
Government Code 54956.8
Property: 13715 Poway Road
APN 317-190-42 (includes 2 commercial structures)
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
Jack H. & Louise Seedorf Trust, Seller
Under Negotiation: Price and Terms of Pumhase
B. Conference with Real Property Negotiator
Government Code 54956.8
Property: Corner of Olive Tree Lane and Poway Road
APNs 323-190-58, 64
Negotiating Parties: James L. Bowersox on behalf of the
Poway Redevelopment Agency, Buyer
George & Rebecca Boukather, Seller
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
29.
Deputy Mayor Goldby requested a status report on the implementation of the
residential permit-parking program near the auto dealers.
32A.
Mayor Cafagna requested Council adopt City of Poway Resolution No. 01-036 -
Recognition of Robert C. Emery's Teaching Retirement, September 1965 to
June 2001. (701-17)
Motion by Councilmember Higginson, seconded by Deputy Mayor Goldby, to adopt
Resolution No. 01-036. Motion carried 3-0 with Councilmembers Emery and
Rexford absent.
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CLOSED SESSIONS
Mayor Cafagna called for Closed Sessions as requested by the Assistant City Attorney at
9:05 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:35 p.m. with all members present
except Councilmembers Emery and Rexford and adjourned the meeting upon motion by
Councilmember Higginson and second by Deputy Mayor Goldby at 9:36 p.m.
~ori~,nne Peoples, City Clerk
City of Poway
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