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CC 1990 08-07ItlNUTE$ OF THE CITY COUHCI*L REGULAR #EETING AUGUST 7, 1990 The August 7, 1990, regula~ meeting of the City Council of the City of Poway was called to order at 7:07 p.m. by Mayor Higginson at the Poway Community Center, 13094 Bowron Road, Poway, California. COUNCIL#ENIIERSANSWIERING ROLL~LL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse, Don Higginson STAFF NENBER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Robert Thomas Alan Archibald Mark Sanchez Mark Weston Steve Streeter Patrick Foley Pamela Colby Peter Moote Janis Acosta Nancy Neufeld City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Public Services Director of Safety Services Director of Engineering Services Assistant Director of Planning Services Senior Management Analyst Management Analyst Management Analyst Management Assistant Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Goldsmith led the Pledge of Allegiance. PUBLIC ORAL ~J~UNICATION$ Mayor Higginson explained the procedure for Public Oral Communications. 1. Orval Hill, 13001Bowron Road, #6, spoke regarding water conservation. 2. Jack Tripp, 16054 Stoney Acres Road, representing Green Valley Civic Association, requested the City adopt an ordinance regulating the acti- vities of paid petition circulators. Randy Wilkins, 14617 Acton Court, representing Garden Road Association, spoke in support of the Green Valley Civic Association's request regarding petition circulators. 4. Joe St. Lucas, 13033 Earlgate Court, spoke regarding the process to remove abandoned vehicles from city streets. 3862 Page 2 - CITY OF POWAY - August 7, 1990 CONSENT CALENDAR Mayor Higginson stated that a request had been received from the public to pull Item 20 from the Consent Calendar. Motion by Councilmember Emery, seconded by Councilmember Kruse to approve the Consent Calendar as follows: 13. Approval of Minutes - City Council: July 17, 1990, Regular Meeting 15. Ratification of Warrant Registers - July 19, 20, 1990. 16. Adoption of Resolution No. 90-161 entitled, "A Resolution of the City Council of the City of Poway, California, Respecting Authorized Officers Designated to Execute Public Securities, Instruments of Payment, and Investments on Behalf of the City and Rescinding Resolution No. 90-016." 17. Approval of reduction of securities for Pomerado Auto Service Center, Tom D'Agosta, applicant; located on the west side of Pomerado Road between Ninth Street and Meadowbrook Lane. 18. Authorization to sell $4g,528.00 of Unallocated Combined Road Program funds {formerly FAU funds) for eighty cents on the dollar to the Alameda County Transportation Authority and approval to execute agreement. 19. Adoption of Resolution No. 90-162 entitled, "A Resolution of the City Council of the City of Poway, California, Accepting the Dedication of a Portion of an Irrevocable Offer of Dedication Lying Within Parcel Map No. 10643," located on Golden Way, south of Poway Road, Poway Auto Spa, The Franchis, owner. 21. Award of bid in the amount of $3,596,520.50 for Wet Utilities, Parkway Business Centre, Community Facilities District 88-1, to T.C. Construction. Motion carried unanimously. ITEM 4 RECLAMATION PLAN 89-05 AND CONDITIONAL USE PERMIT 89-05 APPLICANT: CALMAT-POWAY Mayor Higginson stated that this item was continued from June 19, 1990 in response to issues raised by the Council, and due to the magnitude of the pro- ject, the City Attorney had stated that the applicant was entitled to a con- tinuance in order to review the conditions of approval. Staff report by City Manager Bowersox. This is a request for renewal of a Conditional Use Permit along with an expansion of operations at the CalMat-Poway plant located on the north side of Beeler Canyon Road, south and east of Pomerado Road. CalMat is requesting approval of primary and secondary pro- cessing facilities for construction aggregate, road base and fill material, a ready-mix concrete batch plant, a proposed asphalt plant, along with expansion of the existing site to a total of 166 acres. 3863 Page 3 - CITY OF POWAY - August 7, 1990 Staff reco~ends certification of the Final Subsequent Environmental Impact Report for the South Poway Planned Community; approval of a reclamation plan for the progressive rehabilitation of the mining site; and approval of a scaled down alternative for the Conditional Use Permit which would allow continued operation within the existing boundaries of the 83 acres, plus an expansion of 13.5 acres directly to the east of the extraction site with five year reviews, and construction of a haul road on a 17 acre parcel to the west to eliminate truck traffic on Beeler Canyon and Creek Roads. City Attorney Eckis stated that it is his conclusion that the identification of the aggregate processing plant as a mitigation measure for the loss of resource in the South Poway Planned Community Environmental Impact Report requires the City to implement the mitigation, and that the mitigation plan requires a 13.5 acre expansion. However, it does not require approval of a larger expansion or approval of the asphalt plant as proposed by the applicant. The City retains its ability to impose reasonable and necessary conditions of approval in order to alleviate impacts of the operation, such as dust, noise, and traffic. The applicant has indicated that additional conditions would not be financially feasible, however, the data provided has been inadequate for staff to make such a determination. Speaking in opposition to staff recommendaton and in favor of applicant's request for expanded operation: Robert Imler, 10975 Beeler Canyon Road, Special Projects Manager for CalMat William Schwartz, 401 "B" Street, San Diego, attorney for CalMat, requested expansion of 66 acres, including asphalt plant in order for the project project to be economically feasible. Kent Sturgeon, 6859 Federal Boulevard, Lemon Grove, Project Engineer, pre- sented costs of improvements and projected water use. Robert Born, 2151 Michelson Drive, Suite 188, Irvine, Consulting Engineer, presented report on Reclamation Plan implementation. David Thomason, 3200 San Fernando Road, Los Angeles, Division Controller for CalMat, presented financial analysis. Charles Strong, 6241 Del Cerro Boulevard, San Diego, Consulting Traffic Engineer, discussed traffic impacts. Dr. Valorie Thompson, 1550 Hotel Circle North, San Diego, Woodward-Clyde Consultants, discussed air quality standards. Brian Armstrong, 7971 Las Gacha Lane, Carlsbad, Industrial Asphalt, discussed asphalt plant industry standards. Margaret Williams, 11674 Creek Road, requested Creek Road be improved to a width no more than 36 feet. Michael Fernandez, 10939 Beeler Canyon Road Gene Wesolak, 13728 Adrian Way Victor Machanis, 1254 Walnut Tree, E1Cajon, adjacent property owner. RECE$$AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:45 p.m., and called it back to order at 8:58 p.m., with all Councilmembers present. 3864 Page 4 - CITY OF POWAY - August 7. 1990 Speaking in opposition to staff recommendation: Peggy Gentry, 14794 Poway Mesa Drive, representing Poway Civic Association, presented a request outlining ten restrictions to be placed on CalMat's operations. Request was also supported by Green Valley Civic Association, Creek Road Homeowners Association, and Garden Road Association. Randy Wilkins, 14617 Acton Court, representing Garden Road Association Jack Tripp, 16054 Stoney Acres Road, representing Green Valley Civic Association Betty Rexford, 11570 Creek Road, representing Creek Road Homeowners Association, spoke regarding violations and hours of operation. Jerry Hargarten, 13622 Orchard Gate Road Pat McDowell, 11508 Creek Road Mike Fry, 12819 Selma Court, spoke regarding truck traffic, and questioned the lack of a spring survey in the Environmental Impact Report. Larry Cruse, 13734 Utopia Road James Shea, Sr., 12423 Paseo Colina Paul Rexford, 11570 Creek Road, requested Creek Road be cul-de-saced after permit expires. Bruce Tarzy, 15912 Ranch Hollow Road, former Councilmember, stated it was the intent of the Council in approving the South Poway Specific Plan in 1985 to allow continuation of plant at existing level of operation. Jim Rostvet, 11550 Creek Road Dianne Dalich, 11055 Beeler Canyon Road Vicki Lazowski, 14440 Golden Sunset Lane Ray Whitehead, 14518 Indian Springs Road RE(~ESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 10:05 p.m., and called it back to order at 10:16 p.m., with all Councilmembers present. Council discussion included: impacts of heavy truck traffic on neighbors; impo- sition of more restrictive conditions over staff recommendation and resulting impact on project's economic viability; obligation of applicant to provide financial data for analysis; desire not to approve project greater than what was required as a mitigation measure in the South Poway Specific Plan; and the need for a set review period of the use permit. Motion by Councilmember Emery to grant a five-year Conditional Use Permit with restriction based upon the Poway Civic Association's request as follows: no asphalt plant; no cement; no crushing or grinding of aggregate; limited extrac- tion rate to the average over the last 15 years; limited number of trucks based upon extraction rate; initial expansion of 13.5 acres; haul road to be completed within 6 months; 5 year renewable Conditional Use Permit subject to the con- tinued need for the aggregate resource; limited use of South Poway Parkway; and all conditions recommended by staff. Motion died for lack of a second. Motion by Councilmember Goldsmith to grant a five-year Conditional Use Permit, renewable in five-year increments; no asphalt plant; and direct staff to report back regarding the feasibility of limiting truck traffic based upon extraction rate, and a limited extraction rate based upon the past 15-years average daily extraction rate. Motion died for lack of a second. 3865 Page 5 - CITY OF POWAY - August 7, 1990 Following extensive discussion, motion by Councilmember Brannon, seconded by Councilmember Kruse, to adopt Resolution No. 90-163 entitled, "A Resolution of the City Council of the City of Poway, California, Certifying the Final Subsequent Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, and Adopting Written Findings for Identified Significant Effects for the CalMat-Poway Project Applications (SCH #89010025) City of Poway: Lead Agency;" Resolution No. 90-164 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Reclamation Plan 89-05 for CalMat-Poway, Assessor's Parcel Number 320-031-03, 04, 06;" and Resolution No. P-90-55 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 89-05, Assessor's Parcel Number 320-031-03, 04, 06," as revised to improve Creek Road to a minimum width of 36 feet and not to exceed 40 feet, and direct applicant to work with neighbors regarding hours of operation for weekends and evenings. Motion carried 4-1, with Councilmember Emery voting "no." Mayor Higginson recessed the meeting at 11:58 p.m., and called it back to order at 12:04 a.m., Wednesday, August 8, 1990, with all Councilmembers present. ITEM 5 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN POWAY REDEVELOPMENT AGENCY/CITY OF POWAY AND BRUCE & EILEEN CAREY Mayor Higglnson stated that this item was continued from July 24, 1990. City Manager Bowersox stated that staff is recommending this item be continued to August 28, 1990 to provide sufficient time for staff to review changes submitted by the applicant. There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Emery, to continue the public hearing to August 28, 1990. Motion carried unanimously. ITEM 6 CONDITIONAL USE PERMIT 88-04 AMENDMENT MINOR DEVELOPMENT REVIEW 90-56 APPLICANT: BRUCE CAREY Mayor Higginson stated that this item was continued from July 24, 1990. Introduction by City Manager Bowersox. Staff report by Assistant Director of Planning Services Streeter. This is a request to amend the Conditional Use Permit for the Dodge dealership, located on the south side of Poway Road between Midland Road and Gate Drive, to include a new car dealership on the adjacent 1.67 acre parcel located at 13541Poway Road, and to approve the use of a modu- lar office for a period of not more than three years. A new sales and service facility would be completed under the terms of the proposed Development and Disposition Agreement. Staff recommends approval. 3866 Page 6 - CITY OF POWAY - August 7, 1990 There was no one present wishing to speak. Motion by Councllmember Emery, seconded by Councilmember Brannon, to close the public hearing, isssue a Negative Declaration, and adopt Planning Resolution No. P-90-56 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 88-04A and Minor Development Review 90-56, Assessor's Parcel Number 317-190-44." Motion carried unanimously. ITEM 7 TENTATIVE TRACT MAP 90-05 APPLICANT: ADI PROPERTIES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide 16 acres into 15 lots located on the south side of Poway Road between Midland and Community Roads for the development of Creekside Plaza commercial center on the former Haley Trust property. Staff recommends approval. Speaking in opposition to staff recommendation: Whitney M. Skala, 3003 4th Avenue, San Diego, attorney representing Donald Breihan, adjacent property owner, requested that this item be con- sidered after Item 20 due to an access question he has. Council concurred to trail this item and to consider Item 20 next. ITEM 20 FINAL PARCEL MAP FOR TENTATIVE PARCEL MAP 87-09 APPLICANT: ELVIRA ZUPON Mayor Higginson stated that this item was pulled from the Consent Calendar by the public. City Manager Bowersox stated that staff is recofF~mlending approval of the final parcel map for Tentative Parcel Map 98-09, a 35 acre site located east of Community Road and south of Poway Road, and acceptance of an easement for a portion of Community Road. The map divides the property into 2 commercial lots to be developed as Creekside Plaza, and one lot for Poway Creek Estates mobile home park. Speaking in opposition to staff recommendation: Whitney M. Skala, 3003 4th Avenue, San Diego, representing Donald Breihan, adjacent property owner, requested access be provided to his client's property through the mobile home park lot, as required by the con- ditions of approval of TPM 87-09. Assistant City Manager Fitch stated that vehicular access for the property to the south is a condition of approval for Tentative Tract Map 89-14, to be con- sidered at this meeting under Item 8, and that was determined by staff to meet the conditions of approval for TPM 87-09. Motion by Councilmember Emery, seconded by Councilmember Goldsmith, to approve staff recommendation. Motion carried unanimously. 3867 Page 7 - CITY OF POWAY - August 7, 1990 ITEM 7 TENTATIVE TRACT MAP 90-05 APPLICANT: ADI PROPERTIES Mayor Higginson stated that this item was trailed from earlier in the meeting. Speaking in opposition to staff recommendation: Larry Cruse, 13734 Utopia Road Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to close the public hearing, find that the previously certified Final Environmental Impact Report is adequate, and adopt Planning Resolution No. P-90-57 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 90-05, Assessor's Parcel Number 317-480-11." Motion carried unanimously. ITEM 8 TENTATIVE TRACT MAP 89-14/DEVELOPMENT REVIEW 89-32 APPLICANT: RICHARD KUEBLER Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to divide 15.7 acres into 65 mobile home lots for the development of Poway Creek Estates, located on the south side of Poway Creek between Midland and Community Roads. The new mobile home park will provide replacement housing for the current residents of Haley's Trailer Ranch and will consist of modular units with two-car garages, recreation facilities, an RV storage lot, and a pedestrian bridge for access to the commercial center. Staff recommends revision to require vehicular access to the property to the south, at no cost to said property, to the satisfaction of the Director of Engineering Services. There was no one present wishing to speak. Motion by Councllmember Kruse, seconded by Councilmember Emery, to close the public hearing, find that the previously certified Final Environmental Impact Report is adequate, and adopt Planning Resolution No. P-90-58 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Tract Map 89-14 and Development Review 89-32, Assessor's Parcel Number 317-480-11," as revised to provide access for property to the south. Motion carried unanimously. ITEM 9 ACQUISITION OF POWAY ROYAL MOBILE ESTATES Mayor Higginson opened the public hearing. City Manager Bowersox stated that the negotiators, identified as City Attorney Eckis for the City and attorney Charles Black for the property owner, have entered into an agreement to nego- tiate in good faith. This will allow the property owner to obtain their own appraisal and to continue negotiations. Staff recommends this item be continued to September 11, 1990. 3868 Page 8 - CITY OF POWAY - August 7, 1990 There was no one present wishing to speak. Motion by Councilmember Brannon, seconded by Councilmember Emery, to continue this item to September 11, 1990. Motion carried unanimously. ITEM 10 FISCAL YEAR 1990-91 FLAT RATE TAXES FIRE PROTECTION/WATER DISTRICT/STREET IMPROVEMENTS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This tax roll item includes the collection of fire protection fees, water district assessments, and street improvement assessments to be collected on the tax roll for fiscal year 1990-91. Staff recommends adoption of a resolu- tion setting the charges as revised regarding fire protection fees totaling $516,202.18. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Kruse, to close the public hearing and adopt Resolution No. 90-165 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Fees, Water District Assessments, and Street Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1990-1991," as revised regarding fire protection fees. Motion carried unanimously. ITEM 11 DEVELOPMENT REVIEW 90-06 APPLICANT: PACIFIC SHELTER Staff report by City Manager Bowersox. This is a request to construct 21 single- family homes in TTM 88-09 on Heritage Way and Colony Drive west of Pomerado Road. The applicant proposes a mix of one- and two-story homes in a spanish/ mediterranean design, with a mix of "s" shaped and flat roof tiles. The City has received a request for solid fencing from the property owner along the north property line of Lot 1. Staff recommends approval, including the installation of solid fencing along the northern boundary of Lot 1 prior to construction. Speaking in favor of staff recommendation: Darrell Gentry, Lightfoot Planning Group, 702 4th Street, Oceanside, representing applicant Craig Cousins, 12308 Icarus Lane, requested applicant remove sandbags placed on his property during site grading. Speaking in opposition to staff recommendation: James Lyons, 12223 Colony Drive, presented a petition from "The Colonies" residents requesting the project's architectural style be similar to the neo-cape cod style of their existing neighborhood. Council discussion included ways to make the development more compatible, including wood siding, complimentary colors, and flat tile roofs. 3869 NOTICE NOTICE IS HEREBY GIVEN THAT THE AUGUST 7, 1990, COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS FOLLOWING ORDER: REGULAR MEETING OF THE CITY ADJOURNED PURSUANT TO THE Dated: ORDER OF AD3OURI~ENT Upon motion by Councilmember Kruse, seconded by Councilmember Emery, Mayor Higginson ordered the meeting adjourned to 4:30 p,m,, Thursde3, August 9, 1990 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 12:54 a.m., August 8, 1990 j rle/K, ls n, City Clerk City o~oway, California August 8, 1990 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council meetings at approxima- tely 10:00 a.m. Dated at Poway, California, on August 8, 1990 jor~/e~. Wahlsten, City Clerk City or. way, California