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