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CC 1998 09-15 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1998 The September 15, 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 Bob Emery, Jay Goldby, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna, Betty Rexford STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Bob Thomas Javid Siminou Reba Wright-Quastler Warren Sharer Penny Riley Steve Streeter John Falconer Scott Nespor City Manager City Clerk City Attorney Director of Community Services Acting Director of Engineering Services Director of Planning Services Director of Redevelopment Services Assistant to the City Manager Principal Planner Sheriff's Captain Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATIONS Mayor Higginson presented Completion Certificates and Badges to the graduating class of Reserve Park Rangers: Kevin Allan, Danielle Janavice, Joe Zaslow, Katherine O'Malley, Tommy Hertsog, Joy Woodman, Geoffrey Averkamp, Aurora Alifano. 6451 Page 2 - CITY OF POWAY - September 15, 1998 Mayor Higginson then presented a 15 year Service Award to Kelley Clark - Recreation Program Coordinator. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Mike Neufeld, 13172 Poway Road, introduced himself to the Council as the new Executive Director of the Poway Chamber of Commerce. CONSENT CALENDAR Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the Consent Calendar, as follows: 6. Ratification of Warrant Register for period of August 24-28, 1998. (401-10) Approval of Minutes - City Council September 1, 1998 - Regular Meeting 9. Rejection of Claim for Damages: Angela and Randal Phillips. (704-13) 10. Resolution No. 98-093 - A Resolution of the City Council of the City of Poway, California Adopting a Salary for Housing Commission Members. (701-09) 11 Approval of Catastrophic Leave Donation Policy. (102-05) 12. Acceptance of Scripps Poway Parkway Landscape Improvements from Community Road east to Danielson Street (LMD 87-1): McMillin Development, applicant (to be maintained by developer until August 21, 1999). (602-01 #1191 ) ITEM 1 (701-04) ORDINANCE NO.502/SECOND READING OVER THE COUNTER SALES OFPRODUCTS WITH EPHEDRINE Mayor Higginson opened the public hearing and read the title of Ordinance No. 502, "An Ordinance of the City of Poway, California Adding Chapter 9.10 to the Poway Municipal Code Establishing Regulations Pertaining to the Sale of Over the Counter Products containing Ephedrine." 6452 Page 3 - CITY OF POWAY - September 15, 1998 Staff report by City Manager Bowersox. This ordinance regulates the sale of large quantities of over-the-counter, otherwise legal products, containing ephedrine. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing, waive further reading and adopt Ordinance No. 502. Motion carried unanimously on a roll call vote with Councilmembers Cafagna and Rexford absent. ITEM 2 (203-02) TENTATIVE PARCEL MAP 98-10 APPLICANT: DON MECHLING Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide an 8.71 acre parcel into two parcels of 4.54 acres and 4.17 gross acres south of Millards Ranch Lane and west of Dos Amigos Road. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Goldby, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-98-51, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 98-10 Assessor's Parcel Number 321-271-34." Motion carried 3-0 with Councilmembers Cafagna and Rexford absent. ITEM 3 (203-01) ENVIRONMENTAL ASSESSMENT TENTATIVE TRACT MAP 98-01 APPLICANT: DAVID JAClNTO Mayor Higginson opened the public hearing and stated that the applicant had requested a continuance to the September 29, 1998 meeting. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to waive further reading and continue the public hearing to September 29, 1998. Motion carried 3-0 with Councilmembers Cafagna and Rexford absent. 6453 Page 4 - CITY OF POWAY - September 15, 1998 ITEM 4 (203-02) TENTATIVE PARCEL MAP 96-02 APPLICANTS: MICHAEL & JUNE GREER Mayor Higginson opened the public hearing. Introduction by City Manager Bowersox. This is a request for a one-year time extension for an approved tentative parcel map dividing a ten-acre property into four parcels located at 15458 Markar Road. There was no one present wishing to speak. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. 98-52, entitled, "^ Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 96-02 Assessor's Parcel Number 278-180-34." Motion carried 3-0 with Councilmembers Cafagna and Rexford absent. ITEM 5 (203-21) PUBLIC SCOPING HEARING/DRAFT EIR APPLICANT: THE HERITAGE, UNIT II Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. The proposed project is described as the subdivision of approximately 404 acres into 44 legal lots (41 single-family home residential lots and 3 open space lots) and grading the natural landform to accommodate the proposed project. The applicant has filed a development application which staff has determined needs an environmental impact report (EIR). The purpose of this public hearing is to obtain public input on the scope and content of the project's Draft EIR, and to identify any additional potential environmental impact areas which should be addressed in the EIR. The following person was present wishing to speak: Ed Paul, 232 W. Main Street #101, Tustin, California, representing Mr. Shaw Cheng who owns 175 acres north east of the proposed project, stated that Mr. Cheng has an access easement over the project property which will need to be relocated in the Ell:{. Motion by Deputy Mayor Goldby, seconded by Mayor Higginson, to close the public hearing and direct staff to complete the EIR process. Motion carried 3-0 with Councilmembers Cafagna and Rexford absent. 6454 Page 5 - CITY OF POWAY - September 15, 1998 CITY MANAGERITEMS City Manager Bowersox stated that Councilmember Rexford was not present as she broke her arm over the weekend and required surgery today. Also, that Councilmember Cafagna was absent due to official business of representing the City of Poway and the Regional Solid Waste Association at the City of Vista Planning hearings for the proposed transfer station. CITY ATTORNEY ITEMS City Attorney Eckis advised Council that he had received a notice from the 4th District Court of Appeal asking for oral argument on October 14, 1998 regarding the HCP case. MAYOR AND CITY COUNCIL-INITIATED ITEMS 16. Councilmember Emery requested a memo from staff regarding the nominal fee increase for booth rentals during Community Days. 17. Deputy Mayor Goldby thanked Community Services Director Thomas and his staff for another outstanding event (Community Days). ADJOURNMENT Mayor Higginson adjourned the meeting at 7:25 p.m. on motion by Councilmember Emery, seconded by Deputy Mayor Goldby. Lori ~,nne Peoples, ~ity G~erk City of Poway 6455