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CC 1995 05-18 CITY OF POWAY, CALIFORNIA MINUTES OF THE CXTY COUNCXL ADJOURNED REGULAR HEET~NG HAY 18, 1995 The May 18, 1995, meeting, adjourned from the May 16, 1995 regular meeting of the City Council of the City of Poway, was called to order at 5:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCXLHEMBERS PRESENT AT ROLL CALL Bob Emery, Betty Rexford, Don Higginson COUNCXLNEMBERS ABSENT AT ROLL CALL Mickey Cafagna (C°uncilmember Cafagna arrived at 5:18 p.m.) Susan Callery (Councilmember Callery arrived at 5:32 pm.) STAFF NENBERS PRESENT John Fitch Marjorie Wahlsten Carol Banks Bob Thomas Patrick Foley Steve Streeter Assistant City Manager City Clerk Assistant City Attorney Director of Community Services Principal Management Assistant Principal Planner PUBLIC ORAL CONNUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. ITEM 3 (1208-01) PACIFIC BELL PRESENTATION RE FIBER OPTIC NETWORK UPGRADE Sharon Terrell, Director of Public Affairs for Pacific Bell, introduced their staff members who were present and showed a video, "The Neighborhood" illustrating what technology changes are projected for the future using a fiber optic network. It can provide a video dial tone that is interactive. Pacific Bell is a common carrier that is required to serve every home and they are anticipating FCC permission to supply VDT. The City of San Diego was the first city in the nation to sign an agreement for the installation of fiber optic facilities in the right-of-way and Pacific Bell is working with the cities of Poway, Del Mar, and Solana Beach in San Diego County to be pilot projects. Director of Community Services Thomas stated the advantage to Pacific Bell providing a VDT network is universal access, however the City would lose cable tv franchise fee revenue. Staff is recommending the City contract with William Martincorena of Rutan & Tucker to assist in the development and negotiation of a contract with Pacific Bell for the installation of fiber optic facilities in 5508 Page 2 - CITY OF POWAY - May 18, 1995 Poway's public right-of-way. (Councilmember Cafagna left the room.) Following discussion, motion by Mayor Higginson, seconded by Councilmember Emery to approve staff's recommendation. Motion carried 4-0 with Councilmember Cafagna out of the room. ITEM 4 (1503-28) SAN DIEGUITO RIVER PARK PRIVATE PROPERTY RIGHTS PROTECTION Councilmember Callery stated that Supervisors Jacob and Horn have proposed to delete the San Dieguito River Park's Focused Planning Area east of 1-15 because of the concern of one property owner. The Joint Powers Authority Board is proposing a private property rights protection policy which gives up the power of hostile condemnation. One change is being made to the version recommended by the JPA Ad Hoc Committee on May 8, 1995 and that will prohibit acquisition of property approval by City Manager or administrator. It must be done by the governing body. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Private Property Rights Protection Policy, as amended. Motion carried unanimously. ITEM 5 (701-11) MOBILE HOME RENT CONTROl BALLOT INITIATIVE Councilmember Emery stated he is opposed to the ballot initiative on mobile home rent control restrictions because it removed local control by invalidating existing and prohibits new state mobile home rent control laws and limits existing and prohibits new local laws. This initiative will be on the March 26, 1996 statewide ballot. Councilmember Cafagna stated he does not believe in rent control but agrees with Councilmember Emery regarding local control. Motion by Councilmember Emery, seconded by Councilmember Callery to oppose the Mobile home Rent Control Restrictions Act. Motion carried 4-1 with Councilmember Cafagna voting "no." ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned at 6:30 p.m. Marjor)e~K. Wahlsten, City Clerk City of~.P~way 5509