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CC 1997 09-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 1997 The September 2, 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. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Tamara Smith Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter David Narevsky Leonard Zuniga Scott Nespor City Manager City Clerk Assistant City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Principal Planner Redevelopment Manager Sheriff's Lieutenant Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. Chris Frahm, Chairman of the San Diego County Water Authority Board of Directors, gave the City Council an update on the proposed transfer of water from the Imperial Irrigation District. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6158 Page 2 - CITY OF POWAY - September 2, 1997 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 4. Approval of Minutes - City Council: August 12, 1997 Regular Meeting August 14, 1997 Adjourned Meeting 6. Ratification of Warrant Register for period of August 11-15, 1997.(401-10) 7. Award of bid for the Poway Royal Estates Mobile Home Park Phase I Gas Line Replacement Project to Astro Mechanical in the amount of $598,472 and an inspection contract to Construction Quality Assurance Group in the amount of $37,500. (#5907) (602-01 #270R & #271 R) 8. Designation of Voting Delegate for League of California Cities Annual Conference - October 12-14, 1997. (1503-22) 9. Adoption of Resolution No. P-97-43 entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 97-59," for the annual Poway Days events from September 13 through September 28, 1997. (203-07) 10. Approval of Investment Report for period ending July 31, 1997. (408-01) 11. Confirmation of the appointment of Leona Des Plantes-Janis as Community Group Representative to the Performing Arts Advisory Committee for a One Year Period. (701-09) 11.1 Approval of Emergency Pump Installations Within the South Poway Landscape Maintenance District (LMD 87-1 ) by McNamara Pump and Electric for $14,302. (705-14) 11.2 Approval of appropriation of $10,000 for participation in the County Library Books Matching Funds Program. (401-13) Motion carried unanimously. ITEM 1 (203-01) TENTATIVE TRACT MAP 90-06 APPLICANT: DARIOUSH PARNIANI 6159 Page 3 - CITY OF POWAY - September 2, 1997 Item introduced by City Manager Bowersox. On August 12, 1997, this request for a three year time extension of an eight-parcel map came before the City Council. A neighbor who lives at the corner of Holland and Crossrock expressed concerns regarding the traffic impacts on the neighborhood, particularly because there are no sidewalks. Council continued the item to this meeting and asked staff to evaluate the traffic and the cost of sidewalks. In 1985, the City Council adopted a policy to grant time extensions if the developer was making progress towards finaling the map. This developer is proceeding and staff's recommendation remains to approve the time extension. Staff report by Director of Planning Services Wright-Quastler. The City Traffic Engineer has reviewed the project and concluded that the 5 homes accessing this neighborhood would create a maximum 50 trips per day. Because of the topography of the lot, the configuration of 3 lots accessing Eisenhower Avenue and 5 lots accessing Crossrock is the most sensitive to the site constraints. The cost of sidewalks is $65,000 for Witt, $65,000 for Holland and $22,000 for Crossrock and staffwould not recommend these as a condition of the map were it to come to the Council as a new project today because the impacts of the project would not justiflj it. The neighbor also expressed concern about people ddving into the neighborhood to access the trail from Crossrock into Carmel Mountain Ranch. Staff can work with the neighbors separately from this item to limit on-street parking. Speaking in opposition to staff recommendation: John Varisco, 1228 Holland Road Scott Thompson, 12211 Holland Road Speaking in favor of staff recommendation: John Lepper[, 5933 Balboa Avenue, San Diego, engineer for the project Darioush Parniani, 5579 Bravo Court, San Diego Councilmember Goldby stated he had visited the site and agrees that something needs to be done to control traffic in this neighborhood, however the more appropriate time to raise these concerns would have been five years ago when this map was approved. Councilmember Rexford asked for clarification regarding the installation of sidewalks. Director of Planning Services Wright-Quastler stated a new condition cannot be placed on a time extension. Council's option would be to deny the time extension and require application for a new map, however, the courts have ruled there must be a "nexus" or link between the condition and the impacts from the project. Motion by Councilmember Cafagna, seconded by Mayor Higginson to close the public hearing and adopt Planning Resolution No. P-97-44, entitled, '% Resolution of the City 6160 Page 4 - CITY OF POWAY - September 2, 1997 Council of the City of Poway, California Approving TTM 90-96TE, Assessor's Parcel Numbers 314-060-03, 94; 314-131-07, 12," with direction to staff to explore ways to reduce out of neighborhood traffic. Motion carried 4-1 with Councilmember Rexford voting "no." ITEM 2 (203-11 ) ORDINANCE NO. 484/FIRST READING HIGH PRESSURE SODIUM LIGHTS . Mayor Higginson opened the public hearing and read the title of Ordinance No. 484, "An Ordinance of the City of Poway, California amending Poway Municipal Code Sections 17.08.200 and 17.10.150 to permit high pressure sodium lighting for safety purposes (ZOA 97-07)." Staff report by City Manager Bowersox. In the early 1980's the City Council adopted an ordinance requiring exterior lighting to be Iow pressure sodium between the hours of 11 p.m. and dawn to facilitate research at Palomar Observatory. Staff receives occasional requests for more intense lighting for safety reasons and is recommending that general plan and ordinance amendments be adopted to allow staff to grant exemptions to allow high pressure sodium lighting where safety concerns dictate. There was no one present wishing to speak. Councilmember Emery stated he believes the exemptions should be approved by the City Council, not staff, because of the concern of preserving the night sky for Palomar. Council concurred. Motion by Mayor Higginson, seconded by Councilmember Emery, to continue this public hearing to September 16, 1997 for first reading of a revised ordinance. Motion carried unanimously. ITEM 3 (203-01) TENTATIVE TRACT MAP 93-01 TIME EXTENSION APPLICANT: FRANK E. PIERSON: SR Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request for a two year time extension to subdivide 18.5 acres at the southern terminus of VVelton Lane. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-97-45, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 93-01 Time 6161 Page 5 - CITY OF POWAY - September 2, 1997 Extension (formerly Tentative Parcel Map 91-06), Assessor's Parcel Numbers 323-090-52, 59." Motion carried unanimously. CITY MANAGER ITEMS 12. City Manager Bowersox noted that on Item 10, the City's Investment Report, additional information had been distributed regarding the County Treasurer's acknowledgment that interest on the County's Investment Pool had been miscalculated and requesting $64,701 to be returned from the City to the Pool. In exchange, the County has agreed to an earlier payout of the remainder of our funds in the pool which we will be able to invest at a higher rate of return. CITY ATTORNEY ITEMS Assistant City Attorney Smith requested closed session for three items: 1 ) existing litigation in the San Diego Superior Court Case No. 701895, Poway Land v. City of Poway; and San Diego Superior Court Case No. 682581, Poway Royal Mobile Home Owners Association v. City of Poway; and deciding whether to initiate litigation in one case pursuant to Government Code Section 54956.9(c). MAYOR AND CITY COUNCIL-INITIATED ITEMS 15. Councilmember Emery stated he has met with representatives of the San Diego Law Library regarding their inclusion in the next ballot measure for a library sales tax. There will be another joint powers authority formed and we will have to decide if we want to join. Council concurred to docket for September 23. CLOSED SESSION Mayor Higginson called for a closed session at 8:05 p.m. as requested by the Assistant City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:25 p.m. with all Councilmembers present. Assistant City Attorney Smith announced that the City Council had taken unanimous action during closed session to authorize intervention in the case of Stull v. Bank of Amedca, San Francisco Superior Court Case No. 968484, which the City Attorney had first brought to the Council's attention on August 12, 1997. Upon motion by Councilmember Goldby, seconded by Councilmember Rexford, Mayor Higginson ordered the meeting adjourned to Thursday, September 11, 1997 in the City 6162 Page 6 - CITY OF POWAY - September 2, 1997 Council Chambers. The regular meeting of September 9, 1997 was cancelled by adoption of the Legislative Calendar on December 17, 1996. Marjorie t~. Wahlsten, City Clerk City of P~,ay 6163 NO TICE NOTICE IS HEREBY GIVEN THAT THE SEPTEMBER 2, 1997, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Councilmember Goldby, seconded by Councilmember Rexford, Mayor Higginson ordered the meeting adjourned to Thursday, September 11, 1997 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 8:30 p.m. Wahlsten, City Clerk City of P. oWay, California Dated: September 3, 1997 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 10:00 a.m. Dated at Poway, California, on September 3, 1997 e:\~agenda~noficel ,pr ahlsten, City Clerk City of oP~ay, California