Loading...
CC 1998 02-24 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 24, 1998 The February 24, 1998, 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 Steve Eckis Bob Thomas Mark Weston Reba VVright-Quastler Randy Williams Steve Streeter John Falconer Penny Riley City Manager City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Principal Planner Sheriff's Captain Assistant to the City Manager PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATION Donald MacFarlane, Jr., Boyle Engineering, presented mementos to the City Council to commemorate the opening of Scripps Poway Parkway eastedy extension. He noted it was the largest public works project in the City's history and finished ahead of schedule. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Ken Given, 12557 Taunt Place, stated his opposition to anti-abortion protestors displaying their graphic signs near the schools on major roads. He feels it is a traffic 63O4 Page 2 - CITY OF POWAY - February 24,1998 hazard and asked what the City could do to stop this practice. Council asked staff to look at this and send a letter to Mr. Given. Connie Messina, 12643 Oak Knoll Road, stated that after she had appeared before the City Council on January 20, 1998, staff had been able to determine that the flood plain maps covering her property were inadequate. She stated she will be turning in a claim against the City for $57,000 which represents the attorney fees she incurred before the error was discovered. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery to approve the Consent Calendar, as follows: 6. Ratification of Warrant Register for period of February 2-6, 1998. (401-10) Approval of Minutes - City Council February 3, 1998 - Regular Meeting Adoption of Resolution No. 98-013, entitled, "A Resolution of the City Council of the City of Poway Ordering the Vacation of Water Easement located within Parcel 1 of Parcel Map 14969 (APN 321-180-01) filed September 15, 1987, Recorded in the Office of the County Recorder of San Diego County as File No. 87-521212, (Vac 97- 04)". (1002-06) 10. Approval of a Temporary Water Connection for property located at 14830 Midland Road, APN 314-650-01, Roger B. Mohling and Valerie Ann Bailey, applicants. (1204-04) 10.1 Approval of appropriation of $10,000 from the Library Endowment Fund to the Friends of the Poway Library for participation in the County Library Books Matching Funds Program. (401-13) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 491/SECOND READING SPEED LIMITS/SCRIPPS POWAY PARKWAY 63O5 Page 3 - CITY OF POWAY - February 24, 1998 Mayor Higginson read the title of Ordinance No. 491, "An Ordinance of the City of Poway, California, Replacing Ordinance No. 454 Rescinding and Re-Establishing Section 10.32.010 of the Poway Municipal Code Defining and Establishing Speed Limits on Various Roadway Segments in the City of Poway." Staff report by City Manager Bowersox. This is second reading of an ordinance that sets a 55 mph limit on Scdpps Poway Parkway between the west City limit and Danielson; and a 60 mph limit between Danielson and the east City limit. Richard Ludwig, 12720 Metate Lane, President of the Southwest Poway Homeowners Association, requested that Oak Knoll Road south of Poway Road be lowered to 25 mph and Ted Williams Parkway, east of the City limit, be lowered to 45 mph. City Manager Bowersox stated that engineering studies are done to establish the lowest enforceable speed limit. It is important that we keep speed limits that are enforceable by radar. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public hearing; waive further reading; and adopt Ordinance No. 491. Motion carried unanimously on a roll call vote. ITEM 2 (701-04) ORDINANCE NO. 492/FIRST READING REHEARING AND APPEAL PROCESS Mayor Higginson opened the public hearing and read the title of Ordinance No. 492, "An Ordinance of the City of Poway Adding Chapter 2.21 to the Poway Municipal Code and Amending Certain Other Sections Pertaining to the Appeal and Rehearing Process." Staff report by City Manager Bowersox Staff has prepared revisions to clarify the appeal and rehearing provisions in the Municipal Code and make them consistent. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford to waive further reading and continue the public hearing to March 10, 1998 for second reading and adoption. Motion carried unanimously. 63O6 Page 4 - CITY OF POWAY - February 24, '1998 ITEM 2 (701-04) ORDINANCE NO. 493/FIRST READING REGULATION OF GASOLINE DISTRIBUTION Mayor Higginson opened the public hearing and read the title of Ordinance No. 493, "An Ordinance of the City of Poway, California Enacting and Adding Chapter 8.02 to the Poway Municipal Code Entitled, The Regulation of Gasoline Distribution and Gasoline Service Stations." Staff report by City Manager Bowersox. On January 13, 1998, the Board of Supervisors had first reading on a similar ordinance. The City Attorney has been following this issue, popularly referred to as "divorcement." The Ordinance will limit the number of oil company- owned service stations within the City; will prohibit price discrimination by oil refineries to service stations; and will seek to establish the right of a gasoline service station operator, who is a franchisee of an oil reilner, to purchase the refiner's branded product from any vendor in the refiner's wholesale network. Speaking in opposition to the Ordinance: Fred Schnaubelt, 12782 Jardin Road, San Diego John Rak, 333 S. Hope Street, Los Angeles, Director of Government Issues for ARCO Wallace Dickey, 12431 Schaler Street, manager of the ARCO station at Carriage and Poway Roads Tom Wright, 2360 Lochridge Place, Escondido, ARCO employee David Schmidt, 12845 Robison Blvd., employee of the ARCO station in Poway. Speaking in favor of the Ordinance: Michael St. Clair, 1523 Vista Grande Road, El Cajon, ARCO franchisee dealer in San Ysidro Jan Speelman, 16750 Hale Avenue, Irvine, executive director of the Automotive Trade Organization of California Council concurred that gasoline costs more in San Diego County than other places and even though this may not be an area government should be dealing with, they would support a first reading. Motion by Mayor Higginson, seconded by Councilmember Goldby to close the public hearing, waive further reading, and set no date for second reading. Motion carried unanimously. 6307 Page 5 - CITY OF POWAY - February 24, 1998 City Attorney Eckis stated the issue of how to remove the smaller jurisdictions from the litigation brought by the oil companies is being discussed. Staff will bring this back for a second reading when this issue is resolved and the County's ordinance has gone into effect. ITEM 4 (701-04) ORDINANCE NO. 494/FIRST READING PARKS RULES & REGULATIONS Mayor Higginson opened the public hearing and read the title of Ordinance No. 494, "An Ordinance of the City of Poway, California Repealing the Existing Chapter 9.48 and Enacting a new Chapter 9.48 of the Poway Municipal Code Regarding Recreational Facility Rules and Regulations." Staff report by City Manager Bowersox. This ordinance eliminates sections which are no longer applicable, clarifies ambiguous language and adds changes requested by the City Council or Parks and Recreation Committee. Changes include restriction on alcohol in the park during certain nighttime hours and prohibiting glass containers in City parks except by permit. In addition, revised parks rules and regulations are proposed for adoption by Resolution. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further reading and continue the public hearing to March 10, 1998 for second reading, and adopt Resolution No. 98-014, entitled, '% Resolution of the City Council of the City of Poway, California Adopting Rules and Regulations for Operation of City of Poway Recreational Facilities and Rescinding Resolution No. 96-022." Motion carried unanimously. ITEM 5 (203-01) TENTATIVE TRACT MAP 97-04 APPLICANT: AMES CONTRACTING, INC. Mayor Higginson opened the public hearing. Councilmember Cafagna disqualified himself from this item due to its proximity to his home and left the room. Item introduced by City Manager Bowersox. This is a request to activate an expired tentative map (Huntington Gate, Unit 3) for thirteen lots of one acre minimum plus one 63O8 Page 6 - CITY OF POWAY - February 24, 1998 open space lot of 19 acres on a 40 acre parcel located 200 ft south of Del Poniente and Midland Roads. The project is being called Saddlebrook Estates. Staff report by Director of Planning Services Wright-Quastler. The neighbors and owners have raised the issue of access to a ten acre parcel immediately to the west of the project in compliance with agreements made in conjunction with the formerly approved map. Another change to the Resolution of approval was prepared and presented at this meeting. One alternative, with the agreement of all the parties, is to add that ten acres to this map as part of Open Space Mitigation and create a fourteenth buildable lot. Speaking with questions: Ronald Province, 14963 Huntington Gate Drive, member of Huntington Gate's architectural review committee, expressed concern regarding changing the name of this portion of the original subdivision from Huntington Gate to Saddlebrook. He stated Units 1 and 2 are discussing gating their community to prevent shortcut traffic to the schools on Tierra Bonita Road. Randolph Cross, 15058 Midland Road, requested clarification regarding what the alternate options mean to his access. Frank Fitzpatrick, Manitou Engineering, 350 W. 9th Avenue, Escondido, stated they have not had time to evaluate the possible addition of a fourteenth lot to the project. The developer, Brett Ames, 11828 Rancho Bernardo Road, San Diego, responded to query by Councilmember Emery and stated the homes would be a mix of custom and spec. Following discussion, motion by Councilmember Goldby, seconded by Councilmember Emery to continue this public hearing to March 17, 1998 to give staff, the applicant and the neighbors time to clarify the access issues. Motion carried unanimously. CITY MANAGERITEMS 11. City Manager Bowersox presented a report showing $27,600 spent for debris fence on Poway Grade made under authority of Resolution No. 98-011 adopted on February 10,1998. More rains are expected and the Council concurred to continue the emergency authorization to expend funds without bidding. 63O9 Page 7 - CITY OF POWAY - February 24, 1998 MAYOR AND CITY COUNCIL-INITIATED ITEMS 13. Councilmember Cafagna requested an item be placed on the agenda so that he can give the City Council an update on the proposed trash transfer station to be built in Vista by the Regional Solid Waste Association. 14A. Councilmember Emery stated he is requesting the City Council adopt a position on 4S Ranch which is 3,500 acres west of Rancho Bernardo with over 5,000 planned residential units. The traffic impacts on 1-15 will be severe. Jack Templeton, 18275 Reata way, San Diego, representing Plan Responsible Ordedy Development (PROD), stated they feel infrastructure should be completed before development is started, including SR 56. Mike Kennedy, Kelwood Development, 10840 Thornmint Road, San Diego, stated this project has been in the planning stages for five years. They are paying $6 million for improvements to I-15. Bruce Tarzy, 15912 Ranch Hollow Road, President of the Green Valley Civic Association, stated the impacts of this growth are overwhelming. Motion by Councilmember Emery, seconded by Councilmember Goldby to direct staff to prepare a resolution opposing further growth that impacts traffic on the I-15 corridor and North County traffic in general. Motion carried unanimously. ADJOURNMENT Mayor Higginson adjourned the meeting at 10:00 p.m. Marjolie K. Wahlsten City Clerk City or. way 6310