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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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