CC 1996 03-19 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NARCH 19, 1996
The March 19, 1996, 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, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Steve Blackwood
Pamela Colby
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sheriff's Lieutenant
Redevelopment Project Administrator
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a check for $3,000 to representatives from Poway High
School to be used for 1996 Grad Nite.
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 Callery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
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Page 2 - CITY OF POWAY - March 19, 1996
11.
Ratification of Warrant Register for period of February 26 - March 1,
1996. (401-10)
12.
Adoption of Planning Resolution No. P-96-16, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Temporary Use
Permit 96-05," City of Poway/Circus Vargas, applicants for a big top circus
on March 25-27, 1996 in a tent with a capacity of 2500 spectators,
concession trailers, and animal cages on the library site at 13137 Poway
Road. (203-07)
12.1
Award of bid for repair of bumps in Scripps Poway
Community Road and Kirkham to Interwest Pacific, Ltd.
$48,851.20.
Parkway between
in the amount of
(602-01, #1134)
12.2
Adoption of the following positions on pending legislation: support AB
3211, which would allow local agencies to collect booking fees from
persons convicted of a crime who are arrested in their jurisdiction;
oppose AB 2569 which provides that a redevelopment agency may not acquire
property by eminent domain if the project involves the acquisition of a
privately-owned business for the eventual use by another privately-owned
business; oppose SB 1528 which would declare conditional use permits that
restrict the operations of an otherwise legally operated business as a
taking without compensation; oppose AB 2496 which specifies that when
plans and specifications have been prepared for a public bid and the work
is subsequently performed by city employees, the work shall be performed
in strict accordance with the plans and specs; and support AB 2357 which
would include skateboarding in the limited liability protection standard.
(701-11)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 458/SECOND READING
1994 UNIFORM FIRE CODE
Mayor Higginson read the title of Ordinance No. 458, "An Ordinance of the City
of Poway, California, Repealing Chapter 15.24 of the Poway Municipal Code and
Restating Chapter 15.24 in its Entirety which Adopts by Reference the Uniform
Fire Code, 1994 Edition, with Certain Amendments, the Uniform Fire Code
Standards, 1994 Edition, and National Fire Protection Association Standards 13-
D, 1994 Edition, and 13-R, 1994 Edition." This is the second reading.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing, waive further reading, and adopt Ordinance No. 458. Motion
carried unanimously.
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Page 3 - CITY OF POWAY - March 19, 1996
ITEM 4.1 (203-02)
TENTATIVE PARCEL MAP 95-01
APPLICANT: DAVID BARKIN
Staff report by City Manager Bowersox. This item was originally scheduled for
March 12, 1996. The applicant had requested a continuance to April 23, 1996 by
telephone prior to that meeting. At the meeting, the written request had not
been received so the City Attorney recommended a one-week continuance only. We
now have the written request so staff is now ble to recommend a continuance to
April 23, 1996.
There was no one present wishing to speak.
ITEM 5 (203-04)
VARIANCE 96-01
APPLICANT: GARY BRENNER/APRIL WILBER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a six foot solid wood fence within the
required front yard setback at 14139 Donart Drive. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-96-17, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 96-01,
Assessor's Parcel Number 321-140-17." Motion carried unanimously.
ITEM 6 (203-14)
DEVELOPMENT REVIEW 95-21
APPLICANT: MCMAHON/OLIPHANT
Staff report by City Manager Bowersox. This is a request to construct a 25,00
square foot industrial building on Lot 16 and a 70,000 square foot building on
Lot 17 of the Parkway Business Centre at the southwest corner of Danielson Street
and Parkway Centre Drive within the South Poway Business Park.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Planning Resolution No. P-96-18, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Development Review 95-21, Assessor's
Parcel Number 317-280-28, 29." Motion carried unanimously.
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ITEM 7 (1160-01)
ALL-WAY STOP/METATE AND CARRIAGE
ITEM 9 (1160-01)
SPEED LIMIT ON METATE LANE
City Manager Bowersox suggested these two items be considered together since they
both concern Metate Lane.
Staff report by Director of Engineering Services Weston. As a result of public
inquiry at the January 9, 1996 City Council meeting, all way stop controls for
Metate Lane and Carriage Road were reviewed by the Traffic Safety Committee.
Traffic volumes have dropped from 5,544 per day in 1991 to 2,602 now due to the
opening of Scripps Poway Parkway. Based on the intersection geometry, excellent
accident history, and the stop evaluation, the Traffic Safety Committee
recommends no all-way stop controls at this intersection.
The Traffic Safety Committee also reviewed the request to lower the speed limit
to 25 mph on Metate Lane from Community Road to Rick Street. No findings could
be made that would support a 10 mph lowering of the existing speed limit.
Speaking in opposition to the recommendation:
Richard Ludwig, 12720 Metate Lane
George Wong, 12732 Metage Lane
George Salomone, 12622 Soule Street
Debra Bortz, 12823 Carriage Road
Mr. Ludwig presented a petition supporting the all-way stop and speakers cited
the residential driveways on this street and horse trailers exiting from the
Starlight Stables to support the need for a lower speed limit.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
all-way stop at Carriage and Metate. Staff will look at appropriate signing to
give notice of this stop sign. Motion carried unanimously.
Motion by Mayor Higginson, seconded by Councilmember Emery to leave the speed
limit at 35 mph on Metate and request the Sheriff increase their enforcement
efforts. Motion carried unanimously.
ITEM 8 (1160-01)
ALL-WAY STOP/ORCHARD BEND/ROSTRATA
Mayor Higginson stated he had requested the Traffic Safety Committee look at the
intersection of Orchard Bend and Rostrata and made a motion that their
recommendation be approved to take no action. Motion seconded by Councilmember
Emery and carried unanimously.
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Page 5 - CITY OF POWAY - March 19, 1996
ITEM 10 (602-01 #248R)
BOWRON ROAD AFFORDABLE HOUSING SITE
EXCLUSIVE NEGOTIATING AGREEMENT
City Manager Bowersox explained the developer selection procedure that had been
followed, with the assistance of Councilmembers Cafagna and Rexford. Three
finalists were interviewed. Director of Redevelopment Services Shafer stated
that a consensus was reached that the North County Housing Foundation/Esperanza
Housing and Community Development/Central Pacific Housing and Development team
most closely meets the Agency's requirements. Esperanza and North County Housing
Foundation are currently in the process of merging into a new organization,
Community Housing of North County. They are the non-profit members of the team.
Central Pacific Housing and Development is based in Vista and has developed 12
affordable housing complexes over the past 13 years throughout the State.
Together these partners have formed the Bowron Road Group Limited Partnership to
serve as site developer. With this approval, staff will negotiate the terms of
a Development and Disposition Agreement within 120 days.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Exclusive Negotiating Agreement with the Bowron Road Group Limited Partnership.
Motion carried unanimously.
Councilmember Rexford commended staff for the process they followed.
CITY ATTORNEY ITEMS
14.
City Attorney Eckis announced that he has joined the City in an amicus
brief in the appeal of Souza v. City of Antioch regarding the City's
liability for Police Department actions in a hostage situation.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16.
Councilmember Callery requested and received concurrence for the City
Attorney to prepare an Ordinance for Council consideration prohibiting
living in a parked vehicle.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 7:50 p.m. on motion by Councilmember
Callery, seconded by Councilmember Emery.
Marjorie K. Wahlsten, City Clerk
City of ?oway
5764