Loading...
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: 576O 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. 5761 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. 5762 Page 4- CITY OF POWAY - March 19, 1996 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. 5763 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