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CC 1997 07-08 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 8, 1997 The July 8, 1997, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNClLMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Jay Goldby, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler John Falconer Penny Riley Scott Nespor City Manager City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Planning Services Sheriff's Captain Assistant to the City Manager Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATIONS Deputy Mayor Rexford presented a $1,000 scholarship to Jessica Clark, graduate of Abraxas High School. This scholarship is made possible by Braemar Properties, owner of the Creekside Plaza, who annually give each Councilmember $1,000 to give to a Poway citizen or organization of their choosing. Councilmember Cafagna presented a $1,000 scholarship to Renae Swain, graduate of Poway High School. He stated he was giving his scholarship in memory of William Jensen, who was a great volunteer to the community. 6113 Page 2 - CITY OF POWAY - July 8, 1997 Mayor Higginson declared July, 1997 as "Parks and Recreation Month" and presented the proclamation to Lori Simon, Chairperson of the Parks and Recreation Committee. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 3. Ratification of Warrant Register for period of June 16-20, 1997. (401-10) 4. Denial of claim against the City: Pacific Bell. (704-13) Acceptance of public improvements and release of securities for Tentative Tract Map 94-02, Poway Oaks, Shea Homes, applicant, located at the northeast corner of Metate Lane and Pomerado Road. (602-01 #1078) Continue to July 15, 1997 at request of applicant: Resolution No. P-97- - Minor Development Review 97-36 (Hillside/Ridgeline), Mr. & Mm. Mike Cattolico, applicants: request to construct a 3,300 square foot two-story home and detached 700 square foot shop building at 15706 Boulder Mountain Road in the Rural Residential C zone. (NOTE: Staff is not recommending approval of the detached shop building). (203-10) 6.1 Issue report as required by Government Code Section 65858(d) regarding measures taken to relieve conditions which led to the adoption of Urgency Ordinance No. 466 prohibiting nudity and specified activities in adult businesses. (701-04 #'!66) Motion carried 4-0 with Councilmember Emery absent. ITEM I (1002-06) VACATION 97-02/KERRAN STREET Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The owners of TTM 85-04 in the South Poway Business Park have petitioned for the vacation 6114 Page 3 - CITY OF POWAY - July 8, 1997 of a portion of Kerran Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 97-067, entitled, "A Resolution of the City Council of the City of Poway Ordering the Vacation of a Portion of a Public Street, to wit: Kerran Street, all in City of Poway Tract 85-04 unit 1, Map No. 11742." Motion carried 4-0 with Councilmember Emery absent. ITEM 2 (203-01) TENTATIVE TRACT MAP 91-02TE(2) OWNER: ALI YAR DEHGHANI Mayor Higginson opened the public hearing and stated he would disqualify himself from voting on this application due to a potential conflict of interest. Staff report by City Manager Bowersox. This is a request for a one-year time extension to May 8, 1998 for subdivision of 10.3 acres into five lots between Camino Del Valle and Calle Colina, south of the Valle Verde Road and Valle Verde Terrace junction. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-97-34, entitled, '% Resolution of the City Council of the City of Poway, California ^pproving Tentative Tract Map 91-02TE(2), Assessor's Parcel Numbers 275-560-17, 18, and 19." Motion carried 3-0 with Councilmember Emery absent and Mayor Higginson disqualified. CITY ATTORNEY ITEMS City Attorney Eckis stated he had been contacted regarding settlement in the Poway Land case, Superior Court Case Number 701895, in the past 72 hours and that the mediator requires an immediate response. He requested the City Council make the necessary findings to add a closed session to this agenda. Motion by Mayor Higginson, seconded by Councilmember Cafagna to find that the necessity to take action has arisen in the past 72 hours and add a closed session to this agenda as requested by the City Attorney. Motion carried 4-0 with Councilmember Emery absent. MAYOR AND CITY COUNCIL-INITIATED ITEMS 13A. Mayor Higginson stated that Supervisor Ron Roberts made a presentation to 6115 Page 4 - CITY OF POWAY - July 8, 1997 SANDAG last week regarding the high price of gasoline in San Diego compared to other areas. County Counsel is working on a model ordinance that will be proposed for adoption by all cities in the County. City Attorney Eckis stated he has a draft of the ordinance. It places a restriction on the number of stations that can be refinery owned. Council discussed whether this is an appropriate area for the cities to attempt to regulate and suggested the City Attorney not spend any time on this until the County has finalized their action. City Attorney Eckis pointed out that this is not a health and safety issue so any County action would not be effective in the incorporated cities. Each City will have to address it individually. He agreed to report back as necessary but not to have any active involvement at this time. CLOSED SESSION Mayor Higginson called for a closed session at 8:40 p.m. as approved by the City Council. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:30 p.m. with all Councilmembers present except Councilmember Emery, and adjourned the meeting on motion by Councilmember Cafagna, seconded by Councilmember Rexford. Marj0rie\~(. Wahlsten, City Clerk City Q~f POway 6116