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.
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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
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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
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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
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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
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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
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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