CC 1998 05-05 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL REGULAR MEETING
MAY 5, 1998
The May 5, 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
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Warren Shafer
Steve Streeter
John Falconer
Penny Riley
Patrick Foley
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATION
Councilmember Rexford presented her $1,000 Creekside Plaza/Baemar partners award
to Barbara Woodhill, a volunteer with the Fund for Animals Wildlife Rehab Center.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
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Linda Todd, 13430 Olive Tree Lane, representing residents of Olive Tree Lane and
Earle Lane, stated that the Post Office will not deliver mail because of the road condition.
This is a private road but the City has a water line in the road and the residents are
requesting the City to maintain the road. Staff will report back.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
4. Ratification of Warrant Register for period of April 13-17, 1998.
(401-10)
Approval of Minutes - City Council
April 14, 1998- Regular Meeting
7. Denial of Claims against the City: Rachel I. Dean
(704-13)
o
Appointment of Poway Unified School District Representative Barbara Fletcher to
the Performing Arts Advisory Committee. (701-09)
Approval of Parcel Map for Tentative Parcel Map 97-07, Scripps Poway Partners
I, L.P., applicant, located at the south side of Danielson Street near its intersection
with Blaisdell Place. (203-02)
10.
Voiding of Conditional Use Permit 94-04 for Tek-Ice, a figure skating and hockey
training facility, and Removal of Covenant Regarding Real Property located at
12330 Stowe Drive, at the request of the applicant. (203-08)
10.1 Approval of positions on pending legislation: support AB 2428; support AB 1656;
oppose AB 2525. (701-11 )
Motion carried unanimously.
ITEM 1 (203-02)
TENTATIVE PARCEL MAP 97-15
APPLICANT: KAMINSKI & MERKLEY
Mayor Higginson stated that this public hearing was continued from April 28, 1998. Staff
report by City Manager Bowersox. This is a request to divide a 4.8 acre parcel into four
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parcels, south of the terminus of Ids Lane and south and west of Paradise Drive. Staff has
revised the Resolution of approval regarding habitat mitigation.
Them was no one present wishing to speak.
Councilmember Rexford asked if the doors on the north of the building are fireproof.
Director of Planning Services Wright-Quastler stated that the building is being retrofitted
for this use and will comply with the Building Code.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, issue a Mitigated Negative Declaration, and adopt Planning Resolution No.
P-98-25, entitled, "A Resolution of the City Council of the City of Poway, California
Approving Tentative Parcel Map 97-15, Assessor's Parcel Number 321-180-84." Motion
carried unanimously.
ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 98-01
APPLICANT: ERNIE BRISCOE
Mayor Higginson stated this public hearing was continued from April 21, 1998. Staff report
by City Manager Bowersox. This is a request to establish an auto repair business in the
building at 13830 Poway Road.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public
headng, issue a Mitigated Negative Declaration, and adopt Planning Resolution No. P-98-
26, entitled, "A Resolution of the City Council of the City of Poway, California Approving
Minor Conditional Use Permit 98-01, Assessors Pamel Number 323-201-067' Motion
carried unanimously.
ITEM 3 (203-04
VARIANCE 98-02
APPLICANT: TOSCO MARKETING CO.
Mayor Higginson opened the public hearing. City Manager Bowersox stated that the
applicant has requested this item be removed from calendar. Motion by Mayor Higginson,
seconded by Councilmember Goldby to remove consideration of Variance 98-02 from the
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calendar. Motion carried unanimously.
ITEM 3.1 (203-01)
REMOVAL OF OAK TREES
TENTATIVE TRACT MAP 89-13
Staff report by City Manager Bowersox. Grading has begun on the golf course and
custom home sites at Old Coach Estates and has resulted in the removal of 64 oak trees
and 2 sycamore trees. Removal of these trees was approved with the Tentative Tract
Map, however, members of the public and Council have expressed concern and requested
a report.
Councilmember Emery read from a November 27, 1997 letter to the Planning Department
regarding the oak tree removal and stated that the City Council should have been notified.
Having something buried in the Environmental Impact Report on a project is not sufficient
notice. He requested a procedure be established so this doesn't happen again.
Motion by Councilmember Emery, seconded by Councilmember Rexford to direct staff to
prepare a policy requiring notification of the City Council when mature, indigenous trees
need to be removed, perhaps by addition to the environmental section of the staff report.
Motion carried unanimously.
CITY MANAGER ITEMS
11.
City Manager Bowersox announced that City Clerk Marjorie Wahlsten has
announced her retirement effective September 1, 1998.
CITY ATTORNEY ITEMS
12.
City Attorney Eckis requested a closed session regarding pending litigation in the
case of Poway Land v. City of Poway, San Diego Superior Court Case No.
701895. He stated he expects the Council to take action which he will announce
after the closed session.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14A.
Councilmember Emery requested Council consider a policy to not permit gated
communities in the future. He stated they are not in the best interest of the
community.
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14B.
15A.
Councilmember Cafagna stated each request should be considered individually
since he feels that they are appropriate when the read doesn't go anywhere except
through the project.
Councilmember Rexford cited safety concerns with the fire department not having
access if the gate is malfunctioning.
Councilmember Goldby stated he does not have a problem with gated communities.
Motion by Councilmember Emery, seconded by Councilmember Rexford to direct
staff to prepare a policy to discourage gated communities. Motion carried
unanimously.
Councilmember Emery asked about the status of the Wet'n Wild property and how
we can preserve the property for large recreation use and keep it intact. A report
is coming to Council at the May 12, 1998 meeting.
Councilmember Goldby stated he had attended one of the forums hosted by Pacific
Bell regarding new area codes. The proposal that he favors is ten-digit dialing
where none of the present numbers would be changed, but new subscribers would
receive a new ten-digit number. You would have to dial 1 and then ten digits to call
any number.
Hal Lennox, Director of External Affairs for Pacific Bell, was present. He talked
about the difference between splitting area codes and establishing an oveday which
is also called ten-digit dialing.
Jack Tripp, 16054 Stoney Acres Drive, representing the Green Valley Civic
Association, stated he believes a phone number should have a geographic meaning
and requested an area code split that leaves Poway in one area code.
Bud Wiederrich, 14103 Poway Road, President of the Chamber of Commerce,
stated they support ten digit dialing.
Motion by Councilmember Goldby to support ten digit dialing. There was no
second.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to support
Alternate 10A which would maintain Poway in one area code, and requested staff
ask why different area codes could not be established for cellular phones and fax
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machines. Motion carried 4-1 with Councilmember Goldby voting "no."
15B. Councilmember Goldby requested each Councilmember to mark their preferred 10
options for improving 1-15 traffic. Staff will compile the list and forward it to
Supervisor Para Slater for the next Action Committee forum meeting.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at 8:30 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:40 p.m. with all Councilmembers
present. City Attorney Eckis stated that the City Council had, by unanimous vote, taken
action to authorize an appeal of outstanding issues in the Poway Land case, including
attorneys' fees.
Mayor Higginson adjourned the meeting at 8:45 p.m.
Marjori~ 'K.~Wahlsten, City Clerk
City of I~way
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