Item 18 - Approval of Minutes
- <\GENDA REPORT SUMMARY -
- TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~ r
INITIATED BY: Joh, D. Fitch, ,,,,,,,,t City M,,~t
Marjorie K. Wahlsten, City Clerk.
DATE: August 1, 1995
SUBJECf: Approval of Minutes
ABSTRACf
The Minutes of the June 27, 1995 regular meeting have been prepared and are attached
for your approval.
ENVIRONMENTAL REVIEW
- Environmental review is not required according to CEQA guidelines.
FISCAL IMPACf
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Council approve the minutes of the Poway City Council
meetings of June 27, 1995.
ACTION
-
,I
.:\city\llgh at\cityc .-k.\lglnda\m nl.ltIS.IHtm
AUG 1 1995 ITEM 18 ~
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 27, 1995
The June 27, 1995, regul ar meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Clerk
Steve Eckis City Attorney
Peggy Stewart Director of Administrative Services
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Williams Director of Public Services
Warren Shafer Director of Redevelopment Services
Steve Streeter Principal Planner
Peter Moote Deputy Dir. of Administrative Services
Penny Ri 1 ey Senior Management Analyst
Annette Gonzalez Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery 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:
Bill Rickles, 13725 Utopia Road, posed the rhetorical question, "Who are
We?" He stated they are people that want to be involved in decisions that will
threaten the quality of life in Poway.
CONSENT CALENDAR
Councilmember Emery pulled Items 23 and 28 from the Consent Calendar. Mayor
Higginson stated Item 29 has been pulled by the public. Councilmember Cafagna
disqualified himself from Item 29.1.
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
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18. Approval of Minutes - City Council
June 6, 1995, Regular Meeting
20. Ratification of Warrant Register for period of June 5-9, 1995. (401-10)
21. Approval of City's Investment Report: May 31, 1995. (408-01)
22. Approval of an amendment to the Law Enforcement Contract for fiscal year
1995-96, approving an extension through September 30, 1995. (602-01 #59)
24. Adoption of Resolution No. 95-055, entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting an Appropriations Limit
for Fiscal Year Ending June 30, 1996." (401-23)
25. Appropriation of $25,000 from the Capital Replacement Fund for the
purchase of a 1984 International water truck. (601-04)
26. Appropri at i on of $17,500 for Wi 11 i am Mart i ncorena' s 1 ega 1 servi ces to
prepare the agreement with Pacific Bell for the proposed fi ber-opt i c
network upgrade as authorized on May 18, 1995, (1208-01)
27. Extension of agreement with Bob Wilson for lobbying services on behalf of
the City of Poway and the Poway Redevelopment Agency to June 30, 1996.
(602-01 #983 & 199R)
29.1 Approval of the acqui sit i on of an easement for the Del Pon i ente sewer
project in the amount of $5,002.50; Leonora Thomas owner, located
approximately '14 mile north of the terminus of Midland Road at Orange
Blossom Lane, APN 314-650-26. (1001-02)
Motion carried unanimously except for Item 29.1 which Councilmember Cafagna
disqualified himself from voting on.
ITEM 5 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 83-1
Staff report by City Manager Bowersox. This is the second public hearing to set
assessments within the Landscape Maintenance District 83-1. Zone A is proposed
to be $118.48 per unit and Zone B is proposed to be $255.34 per unit,
There was no one present wishing to speak,
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-056, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 83-1 to be Collected on the Property Roll for
Fiscal Year 1995/96." Motion carried unanimously,
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AUG 1 1995 ITEM 18
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ITEM 6 (402-27)
LANDSCAPE MAINTENANCE DISTRICT 86-1
Staff report by City Manager Bowersox. This is the second public hearing to set
assessments within the Landscape Maintenance District 86-1. Zone A is proposed
to be $261.00 per unit and Zone B is proposed to be $0 per unit. We have an
agreement with the Church of the Latter Day Saints for their maintenance of Zone
B.
Speaking in opposition to staff recommendation:
Richard Hart, 14081 Painted Desert Road, spoke about excessive water and
problems with weeds in the area next to his property, Director of Public
Services Williams will meet with him to discuss his concerns.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 95-057, entitled, "A Resolution of the
City Counci 1 of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 86-1 to be Collected on the Property Roll for
Fiscal Year 1995/96." Motion carried unanimously.
ITEM 7 ( 402-27)
LANDSCAPE MAINTENANCE DISTRICT 86-3
Staff report by City Manager Bowersox. This is the second public hearing to set
assessments within the Landscape Maintenance District 86-3. Zone A is proposed
to be $163.00 per unit and Zone B is proposed to be $113.80 per unit.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-058, entitled, "A Resolution of the
City Counc i 1 of the City of Poway, California Establ ishing Assessments for
Landscape Maintenance District 86-3 to be Collected on the Property Roll for
Fiscal Year 1995/96." Motion carried unanimously,
ITEM 12 (203-11)
GENERAL PLAN AMENDMENT 95-01B
SPECIAL PLAN 95-01/POWAY ROAD
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This item is being taken out of order in case there are interested
members of the public present. Staff is recommending this item be removed from
calendar and renoticed this fall after staff has had a chance to meet wi th
business owners to explain the proposal and clear up misinformation.
Speaking in opposition to staff recommendation:
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Robert Waite, 12910 Slack Street, asked if this is an assessment district
and what is it going to cost the business owners.
Councilmember Cafagna stated it does not establish mandatory requirements, only
sets guidelines for new development, and is not an assessment district.
Councilmember Emery stated he is opposed to the continuance and is opposed to the
Pl an.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to remove General
Plan Amendment 95-01B, Specific Plan 95-01, Zoning Ordinance Amendment 95-01 and
Zone Change 95-01 from calendar. Motion carried 4-1 with Councilmember Emery
voting "no."
ITEM 8 (203-11)
GENERAL PLAN AMENDMENT 95-01A
Staff report by Director of Planning Services Wright-Quastler. This was first
heard on June 20, 1995 and continued to this date to be considered with General
Plan Amendment 95-01B, Poway Road Specific Plan, however that item has been
pulled from calendar. This would amend strategy I,F.4 of the General Plan to
exempt the South Poway Community Plan from the 35 foot height restriction.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-059, entitled, "A Resolution of the
City Council of the City of Poway, California Amending Strategy I.F.4 of the
General Plan of the City of Poway (GPA 95-01A)." Motion carried unanimously.
ITEM 9 (203-21 )
SPECIFIC PLAN AMENDMENT 84-0IY
Staff report by City Manager Bowersox. This was originally heard on June 20,
1995 and continued to this date to be adopted with General Plan Amendment 95-01A.
It makes various amendments to the South Poway Specific Plan. In response to a
concern expressed by Councilmember Rexford, an amendment is being proposed that
will clarify that temporary sand and gravel aggregate processing facilities are
only for processing materials during rough grading operations.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing, issue a Negative Declaration, and adopt Resolution No. 95-060, entitled,
"A Resolution of the City Council of the City of Poway, California Approving
Specific Plan Amendment 84-01Y," Motion carried unanimously,
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ITEM 10 (205-02)
FINANCIAL PLAN/FISCAL YEAR 1995-96
Staff report by City Manager Bowersox. This is the third public hearing on the
budget for 1995-96. Staff recommends adoption of the Resolutions approving the
budget as well as eleven Benefit Resolutions for various Capital Improvement
Projects to be funded by Redevelopment Agency funds.
Mayor Higginson asked the status of the Scripps Poway Parkway, easterly
extension. Director of Engineering Services Weston stated all right-of-way has
been acquired and we anticipate groundbreaking October 1, 1995,
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-061, entitled, "A Resolution of the
City Council of the City of Poway, California, Rescinding Resolution 95-017 and
Approvi ng and Adopt i ng the Annual Budget for the Fiscal Year 1995-1996, and
Appropri ati ng the Funds Necessary to Meet the Expenditure Set Forth Therein";
Resolution No. 95-062, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Library Site Drainage Improvements
Project (#5416) is of Benefit to the Paguay Redevelopment Project"; Resolution
No. 95-063, entitled, "A Resolution of the City Council of the City of Poway,
Cal ifornia Determining that the Twin Peaks Road/Victoria Estates Drainage
Improvements Project (#5417) is of Benefi t to the Paguay Redevelopment Project";
Resolution No. 95-064, entitled, "A Resolution of the City Council of the City
of Poway, California Determining that the Ilene Street Drainage Improvements
Project (#5418) is of Benefit to the Paguay Redevelopment Project"; Resolution
No. 95-065, ent i t 1 ed, "A Reso 1 ut i on of the Ci ty Counc il of the City of Poway,
Cal ifornia Determining that the Drainage/Safety Improvement - Community Road
Project (#5419) is of Benefit to the Paguay Redevelopment Project"; Resolution
No. 95-066, entitled, "A Resolution of the City Council of the City of Poway,
California, Determining that the Performing Arts Center Monument Sign Project
(#5530) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-
067, ent itl ed, "A Resolution of the City Counc il of the City of Poway,
California, Determining that the Upper Lake Poway Restroom Project (#5629) is of
Benefit to the Paguay Redevelopment Project"; Resolution No. 95-068, entitled,
"A Reso 1 ut i on of the City Council of the City of Poway, Cali forni a, Determi ni ng
that the Hilleary Park Shade Structure Project (#5630) is of Benefit to the
Paguay Redevelopment Project"; Reso 1 ut i on No. 95-069, ent itl ed, "A Reso 1 ut i on of
the City Council of the City of Poway, California, Determining that the Hilleary
Park Playground Slide Covers and Safety Fencing Project (#5631) is of Benefit to
the Paguay Redevelopment Project"; Reso 1 ut i on No. 95-070, ent it 1 ed, "A Reso 1 ut i on
of the City Council of the City of Poway, California, Determining that the
Community Swim Center Concession Modification Project (#5632) is of Benefit to
the Paguay Redevelopment Project"; Resol ut i on No. 95-071, ent itl ed, "A Reso 1 ut i on
of the City Council of the City of Poway, Cal ifornia, Determining that the
Locomotive and Associated Equipment Restoration Project (#5633) is of Benefit to
the Paguay Redevelopment Project"; Resolution No. 95-072, entitled, "A Resolution
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AUG 1 1995 ITEM 18
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of the City Council of the City of Poway, California, Determining that the
Upgrade of the Porter House Kitchen at Old Poway Park Project (#5634) is of
Benefit to the Paguay Redevelopment Project." Motion carried unanimously.
ITEM 10,1 (203-08)
CONDITIONAL USE PERMIT 83-01
ANNUAL REVIEW/MODIFICATION OR REVOCATION
IGLESIA NI CRISTO (CHURCH OF CHRISTl
Director of Planning Services Wright-Quastler reviewed the status of this item.
At the last City Council meeting, the Council heard testimony from the Church
regarding the new structure they have the financing to build and the surrounding
residents of the Elm Park Lane neighborhood regarding the Church's failure to
meet the conditions of their Conditional Use Permit granted in 1983, The City
Council directed staff to collect recommendations and prepare a list of interim
conditions which will address the concerns of the residents. On June 22, staff
met with the neighborhood and a list of draft conditions was prepared, including
timing of the installation of the park, hours and conduct of church activities,
site improvements, traffic and parking, property maintenance, neighborhood
outreach and monitoring/on-going assessment. The conditions are not intended to
mislead the church into believing that they are in any way being assured of a
future approval for expansion of the religious facility, Staff recommends that
the City Council adopt the interim conditions for Conditional Use Permit 83-01
and set a follow up hearing date for August 22, 1995 to assess progress towards
the required conditions,
Speaking in favor of staff recommendation:
Mark Hawkins, 13352 Silver Lake, stated the Church wants to tie completing
the conditions of the 1983 CUP to construction of the new church.
Teresa Bertino, 13340 Silver Lake Drive
Art Gamo, 1617 Southgate, Daly City
Glenn Groth, 687 Riviera Court, Vista, architect for Iglesia ni Cristo,
stated there are engineering concerns regarding several of the conditions and
they need reasonable time to work those out,
Melvin Moore, 13344 Carriage Road
Motion by Councilmember Emery, seconded by Mayor Higginson to continue this item
to July 11, 1995. Motion carried unanimously, Councilmembers cautioned the
church that there are two separate issues with the 1983 Conditional Use Permit
and the new sanctuary and the only item under discussion now is the 1983 CUP.
City Attorney Eckis stated that a Conditional Use Permit gives an owner the right
to use their land in a certain way and the conditions must be met or the use can
be terminated,
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:13 p,m. and called it back to order at
8:20 p.m. with all Councilmembers present.
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AUG 1 1995 ITEM 18
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ITEM 11 (1204-05)
WATER RATES/SEWER SERVICE CHARGES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff proposes an increase in the water charge from $1.585 to $1.663
per uni t due to a 6% increase in the cost of raw water purchases, and the
financing of our water treatment plant upgrade. The sewer service charge is
proposed to be increased 3.98% from $43.83 per equi va 1 ent dwell i ng uni t to
$45.57, bimonthly,
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-073, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Water Rates for Fiscal
Year 1995-1996 and Rescinding Resolution No, 94-079," and Resolution No. 95-074,
entitled, "A Resolution of the City Council of the City of Poway, California
Amending the Schedule of Sewer Service Charges and Establishing Sewer Service
Charges for Fiscal Year 1995-1996 and Rescinding Resolution No. 94-080." Motion
carried unanimously.
ITEM 13 (203-08)
CONDITIONAL USE PERMIT 95-05
DEVELOPMENT REVIEW 95-08
APPLICANT: OUTBACK STEAKHOUSE
Mayor Higginson opened the publ ic hearing, Staff report by City Manager
Bowersox. This is a request to construct a 6,400 square foot restaurant which
will serve liquor at the southwest corner of Twin Peaks Plaza at the intersection
of Ted Williams Parkway and Pomerado Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, find that the previously issued Negative Declaration for
Tentative Parcel Map 86-93 adequately addresses the potential environmental
impacts, and adopt Planning Resolution No, P-95-33, entitled, "A Resolution of
the City Council of the City of Poway, Cal ifornia Approving Conditional Use
Permit 95-05 and Development Revi ew 95-08, Assessor's Parcel Number 314-710-14."
Motion carried unanimously,
ITEM 14 (401-27)
LANDSCAPE MAINTENANCE DISTRICT 86-2
1995-96 ASSESSMENTS
Mayor Higginson opened the public hearing. Staff report by Ci ty Manager
Bowersox, On May 21, 995, the City Council approved the Engineer's Report for
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LMD 86-2. Assessments for Zone A are proposed to remain at $186.16 per unit,
Zone B will remain at $240.90 per year.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No, 95-075, entitled, "A Resolution of the
City Counc il of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 86-2 to be Collected on the Property Roll for
Fiscal Year 1995/96." Motion carried unanimously.
ITEM 15 (705-14)
LANDSCAPE MAINTENANCE DISTRICT 87-1
1995-96 ASSESSMENTS
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. LMD 87-1 is within the South Poway Business Park. The District has
proposed to include within its scope of maintenance approximately 57 acres along
the major roadways currently maintained by the Land Development Area Association
which is CF Poway, Phase I, and CF Poway, Phase II. The assessments for Parkway
Business Centre and Poway Corporate Center are proposed to increase from $750,87
to $790 per net acre, Assessments for Pomerado Business Park, Phases I and II
and McMillin commercial property will increase from $750.84 to $1,246.21 per net
acre. The residential assessments will be $311.58 per unit. It is recommended
that public testimony be taken and the public hearing be continued to August 1,
1995 for adoption of assessments.
Speaking in favor of staff recommendation:
Neville Bothwell, 12900 Brookprinter Place
Motion by Councilmember Emery, seconded by Councilmember Callery to continue the
public hearing to August 1, 1995. Motion carried unanimously.
ITEM 16 (705-10)
POWAY LIGHTING DISTRICT
1995-96 ASSESSMENTS
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox, The Lighting District provides funding for street lights, traffic
signals and flashing beacons. New assessments are proposed for 910 vacant
parcels at a rate of 50 percent of the assigned benefit rate. An increase in
assessments is proposed for 1,260 parcels currently included in Zone B (indirect
benefit) which should be in Zone A (direct benefit). 115 parcels will be moved
from Zone A to Zone B. Staff recommends that the City Council take publ ic
testimony and continue this item to August 1, 1995 for adoption of the
assessments.
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Counc i 1 member Ca 11 ery asked about a 1 etter recei ved from a res i dent on York
Avenue regarding being moved into Zone A. Director of Public Services Williams
stated they are within 300 feet of the street light at the intersection of York
and Aubrey streets which is the qualification for being included in Zone A.
There was no one present wishing to speak,
Motion by Councilmember Emery, seconded by Councilmember Callery to continue the
public hearing to August 1, 1995. Motion carried unanimously.
ITEM 17 (602-01 #1031)
SOLID WASTE COLLECTION RATE SCHEDULE
Staff report by City Manager Bowersox. As required by the solid waste franchise
agreement, Mashburn has submitted a revised rate schedule which corresponds with
the decrease in the San Diego County tip fee which will go into effect July 1,
1995. Solid waste rates will be reduced by approximately 4.39% for single family
residents and 6.96% for multi-family and commercial customers.
Mayor Higginson again thanked Councilmember Cafagna for all his work with the
Solid Waste Authority and stated this is the first time that tip fees have been
lowered in the County.
Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution
No. 95-076, entitled, "A Resolution of the City Council of the City of Poway,
Cal ifornia Approving an Adjustment to Mashburn Waste and Recycl ing Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement."
Motion carried unanimously.
ITEM 23 (602-01 #227R)
EXCLUSIVE RIGHT TO NEGOTIATE
F. T. VON DER AHE COMPANY
Staff report by City Manager Bowersox. F. T. Von der Ahe Company, owners of the
shopping center at the southwest corner of Community and Poway Roads, is
interested in purchas i ng the former Securi ty Pac i fi c Bank site owned by the
Redevelopment Agency at that corner. Councilmember Emery stated he had pulled
this from the Consent Center to ask whether the Agency wouldn't be better off
going out to bid rather than giving an Exclusive Right to Negotiate. City
Manager Bowersox stated the owner of the adjacent center could make the best use
of the property because they could have shared parking.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve an
agreement for the exclusive right to negotiate for the purchase of property owned
by the Poway Redevelopment Agency at the southwest corner of Poway and Community
Roads with the F.T. Von der Ahe Company. Motion carried unanimously.
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AUG 1 1995 ITEM 18
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Page 10 - CITY OF POWAY - June 27, 1995
ITEM 28 (203-07)
TEMPORARY USE PERMIT 95-44
FOURTH OF JULY ACTIVITIES
Councilmember Emery asked the status of the fund raising efforts for the Fourth
of July fireworks, Director of Community Services Thomas stated $3,600 has been
raised to date.
Motion by Counc il member Emery, seconded by Counci 1 member Cafagna to adopt
Resolution No. P-95-34, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Temporary Use Permit 95-44," for Fourth of July
celebration at Old Poway Park and notice of the fireworks event at the Poway High
School Stadium. Motion carried unanimously.
ITEM 29 ( 203-07)
TEMPORARY USE PERMIT 95-74R
APPLI CANT: ANYTIME TOWING
Staff report by Director of Planning Services Wright-Quastler. Anytime Towing
is now proposing to use Lots 37 and 41 of Parkway Business Centre, immediately
south of the SDG&E substation, for storage of vehicles in order to meet the
demands of police towing contracts. When this came to the City Council on May
23, 1995 they were proposing to use Lot 13 of Parkway Business Centre. Staff
recommends the approval of the use on Lots 37 and 41 on condi t i on that a
conditional use permit/development review application will be submitted within
60 days.
Speaking in opposition to staff recommendation:
David Pudgil, Rancho Towi ng, stated permanent improvements shoul d be
completed before they are allowed to use the site.
Speaking in favor of staff recommendation:
Cary Shultz, 13907 Poway Road, Anytime Towing, stated they will not use the
site for anything except impounded vehicles until the final Conditional Use
Permit is approved. These vehicles are not subject to fluid leakage like wrecked
vehicles are.
Motion by Counc i 1 member Emery, seconded by Council member Cafagna to adopt
Resolution No, P-95-35, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Temporary Use Permit 95-74R," Anytime Towing
applicant, to allow a towing operation and temporary storage of vehicles on Lots
37 and 41 of Parkway Business Centre, northwest corner of Danielson Street and
Parkway Centre Drive; and denyi ng application on Lot 13. Mot i on carri ed
unanimously.
CITY MANAGER ITEMS
- 30. City Manager Bowersox stated he received a letter today from Bill Silva
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AUG 1 1995 ITEM 18 I
Page 11 - CITY OF POWAY - June 27, 1995
Presents requesting a postponement of the public hearing scheduled for
July 18, 1995. Ordinarily staff approves this type of request, however
due to the high level of community interest, it was felt the City Council
should consider this request. The notices for the hearing will be mailed
this Friday and the legal advertisement will be in the paper next week so
this is the only opportunity the City Council will have to take any
action. If the City Council concurs with the request, the public hearing
could be set for September 12, 1995 when a 11 Counc i 1 members wi 11 be
present,
Motion by Councilmember Emery, seconded by Councilmember Rexford to add
this item to the agenda since the need to take action has arisen within
the past 72 hours. Motion carried unanimously.
Councilmember Emery stated he would prefer to adhere to the July 18, 1995
date since the community is geared up for this date. The applicant can
come forward and request a continuance at that time.
Councilmember Callery stated she is concerned with the public's perception
of the process and we don't want to hear it twice.
Mayor Higginson stated this applicant should not be treated differently
than others and if they say they're not ready then the continuance should
be granted.
Councilmember Rexford stated she agrees with Councilmember Emery. This is
a very divisive issue in the community and we need to resolve it.
Councilmember Cafagna voiced concern regarding the message sent to other
applicants about how they will be treated by the City.
Gail Trunnell, 13311 Neddick Avenue, stated the citizens have spent a lot
of time and expense putting out notices for the July 18, 1995 meeting.
Motion by Councilmember Emery, seconded by Councilmember Rexford to hold
the public hearing on Bill Silva Presents amphitheater on July 18, 1995,
Motion carried 3-2 with Mayor Higginson and Councilmember Cafagna voting
"no."
(Councilmember Cafagna left the room.)
CITY ATTORNEY ITEMS
31. A. City Attorney Eckis stated the conference with labor negotiator for
poway Firefighters Association will not be held.
B. City Attorney Eckis requested a closed session be added to the
agenda to di scuss existing litigation, Poway Redevelopment Agency v.
Parkway Business Centre, Parkway Partners, ADI Property Inc., D. L. Daley
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AUG 1 1995 ITEM 18
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Page 12 - CITY OF POWAY - June 27, 1995
Corp. & Burlich Corp., Superior Court Case No, 685313. He has received a letter
from their attorney with a 48 hour deadline, Motion by Mayor Higginson, seconded
by Councilmember Callery to add this item to the agenda since the need to take
action arose within the past 72 hours. Motion carried 4-0 with Councilmember
Cafagna out of the room.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 9:35 p,m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 10 p.m. with all
Counci lmembers present and adjourned it on mot i on by Council member Cafagna,
seconded by Councilmember Callery.
Marjorie K. Wahlsten, City Clerk
City of Poway
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AUG 1 1995 ITEM 18