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CC 1990 08-14 CITY OF POMAY, CALIFORHIA NIHUTE$ OF THE CITY COUNCIL REGULAR NEETING AUGUST 14, 1990 The August 14, 1990, regular meeting of the City Council of the City of Poway, was called to order at 7:10 p.m., by Deputy Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. CIXII~IL#EMER$ PRESEHT AT ROLL CALL Linda Brannon, Bob Emery, Jan Goldsmith, Carl Kruse COUliCILI4E14BER$ ABSENT AT ROLL CALL Don Higginson STAFF #E#BER$ PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Steve Streeter Garry MacPherson Yolanda Collins Joyce Posey Patrick Foley Pamela Colby Richard Howard Peter Moote Janis Acosta City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Con~nunity Services Director of Engineering Services Assistant Director of Planning Services Battalion Chief Sheriff's Lieutenant Personnel Manager Senior Management Analyst Management Analyst Management Analyst Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Councilmember Brannon led the Pledge of Allegiance. PUBLIC OPAL ~INUNICATION$ Deputy Hayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. Deputy Hayor Goldsmith introduced aim Gonza]ves, field representative for Assemblywoman Tricia Hunter. 3873 Page 2 - CITY OF POWAY - August 14, 1990 CONSENT CALENDAR Deputy Mayor Goldsmith stated that Item 17.1 has been pulled by the public. Motion by Councllmember Brannon, seconded by Councilmember Emery, to adopt the Consent Calendar as follows: 7. Approval of Minutes - City Council: July 24, 1990 Regular Meeting 9. Ratification of Warrant Registers - July 26, 27, 1990 10. Receive and file report regarding the establishment of a fee for new connec- tions by the San Diego County Water Authority. 11. Approval of appropriation of funds from the Bette Bendixen Trail Fund for the construction of a trail rest station in the Lake Poway Recreation Area. 13. Adoption of Resolution No. 90-167 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Establish Underground Utility District No. 62 and Setting the Public Hearing for September 4, 1990". {Garden Road from Poway Road to Acton Avenue.) 14. Acceptance of donation from ADI Properties and appropriation of funds for Audubon Adventures Program {confirming action taken July 24, 1990, Item 4). 16. Denial of claims for damages: A) Getrost and Daniels; B) Seidl 17. Award of bid for bus shelter improvements at various locations to Addax Construction Company; and approval of allocation of $59,940 from the TDA reserve fund. Motion carried 4-0 with Mayor Higginson absent. ITEM 4 CONDITIONAL USE PERMIT 90-06/VARIANCE 9D-06 APPLICANT: CITY OF POWAY Deputy Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 50 space parking lot and extension of the city's vehicle maintenance center located on the south side of Lake Poway Road, east of Espola Road for employee parking and overflow parking for Lake Poway. Most of the site has been previously graded. Some of the parking spaces along Lake Poway Road will have a zero foot setback from the roadway which requires approval of a variance. Staff recommends approval. 3874 Page 3 - CITY OF POWAY - August 14, 1990 Speaking in favor of staff reconmendation: Ken Dorsey, 15969 Grey Stone Road, requested the plans originally proposed by staff be used which called for an eight foot wall between the parking lot and residential uses and different grading. City Engineer Weston stated staff will work with the residents to incorporate the requested changes. Motion by Councllmember Kruse, seconded by Councilmember Brannon to issue a Negative Declaration, close the public hearing, and adopt Planning Resolution No. P-90-60, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 90-06 and Variance 90-06, Assessor's Parcel Numbers 278-431-72 and 74." Motion carried 4-0 with Mayor Higginson absent. ITEM 5 REQUEST TO USE SEPTIC SYSTEM Staff report by City Manager Bowersox. On July 17, 1990, J. Ingraham Clark requested the City Council approve a septic system for an existing legal lot he owns on Tam O'Shanter Drive until there is sewage capacity available. This lot is within 2DO feet of a sanitary sewer system and would not qualify for a septic service under the Uniform Plumbing Code and staff recommends denial of the request. Speaking in opposition to staff recommendation: J. Ingraham Clark, 72693 Skyward Way, Palm Desert. He requested permission to process his building permit and only install the septic system if the sewage capacity is not available when his home is completed. Council expressed concern regarding the precedent that would be set by any approval since regulations have been adopted prohibiting the use of septic systems where a sewer system is within 200 feet. Motion by Councllmember Kruse, seconded by Councilmember Emery, to deny Mr. Clark's request. Motion carried 4-0 with Mayor Higglnson absent. ITEM 6 HEIGHT LIMITATIONS, CREEKSIDE PLAZA Staff report by City Manager Bowersox. On July 21, 1990, Mike Fry addressed the City Council under "Public Oral Communications" and expressed concern over the height of the entry tower and other architectural features approved for Creekside Plaza {Development Review 89-15) on July 24, 1990. Ordinance 272, adopted September 13, 1988, permits architectural features to exceed the 35 foot height limit on a case-by-case basis. Staff recommends this report be received and filed. 3875 Page 4 - CITY OF POWAY - August 14, 1990 Speaking in opposition to staff recommendation: Jerry Hargarten, 13622 Orchard Gate Road Larry Cruse, 13734 Utopia Road Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse, to adopt a policy requiring staff to "highlight" any request for excep- tion to the 35 foot height limit. Motion carried 4-0 with Mayor Higginson absent. ITEM 17.1 GENERAL PLAN AMENDMENT 90-03 Staff report by City Manager Bowersox. The Municipal Code requires that the City Council adopt a Resolution initiating General Plan Amendments. GPA gD-03 will be the third of four allowed hearings this year and is scheduled for September 11. The one privately-initiated application was previously considered as GPA 8g-O4B and proposes the redesignation from RS-1 to RA for senior citizen housing and OS for a park on 16.29 acres at the southeast corner of Metate Lane and Pomerado Road. Mr. Doug Keyes is the applicant. Staff recommends adoption of the Resolution. Speaking in favor of staff recommendation: Doug Keyes, 6910-A Miramar Road #205, San Diego Speaking in opposition to staff recommendation: George Leffler, 12626 Soule Street Robert Good, 12730 Soule Street Joseph Harrington, 12626 Tustin Street Ronald Grenier, 12834 Reo Real Drive Speakers opposed change from single family neighborhood. Following discussion, motion by Councilmember Emery, seconded by Councilmember Kruse to not approve staff recommendation. Motion carried 4-0 with Mayor Higginson absent. ITEM 18 CITY MANAGER ITEMS A. City Manager requested a closed session concerning personnel negotiations under Government Code Section 54957.6{a}. City Manager Bowersox introduced Peggy Stewart, Director of Administrative Services, who started employment with the city on August 13. She was formerly Executive Director of the Anchorage, Alaska, Parking Authority. 3876 Page 5 - CITY OF POWAY - August 14, 1990 ITEM 19 CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session to determine whether to initiate litigation under Government Code Section 54956.9(c). Motion by Councilmember Emery, seconded by Councilmember Kruse to hold a closed session. Motion carried 4-0 with Mayor Higginson absent. City Attorney Eckis stated that when the Legislature adopted the State Budget, it had the effect of temporarily suspending the requirement to give 72 hour notice of all items on the agenda. Council concurred that staff should continue the current procedure of noticing. CITY COUNCIL INITIATED ITEMS 21.C AND 22. LIBRARY COMMITTEE Councilmembers Emery and Goldsmith requested that the Council concur with the formation of a Library Committee and discussed the various items they could be working on. Motion by Councilmember Emery, seconded by Councllmember Goldsmith to direct staff to prepare a charter for a seven member Library Committee. Motion carried 4-0 with Mayor Higginson absent. 21. B. ENVIRONMENTAL PROTECTION INITIATIVE - Council concurred with Council- member Emery's request for a staff analysis of the environmental protection initiative, Proposition 128 on the November ballot. RECONSIDERATION OF CONDITIONAL USE PERMIT 89-05 - Councilmember Emery stated he had discussed with the City Attorney the process to rehear the CalMat CUP which was approved at the August 7, 1990 meeting. If there are three votes for reconsideration, it can be renoticed for a public hearing. Mr. Emery stated he felt the Council had made a hasty decision and did not look at all the alternatives. There were no controls placed on the rate of extraction or truck traffic and he questioned the cost of improvements required. Speaking in favor of Councilmember Emery's request: Jerry Hargarten, 13622 Orchard Gate Road Peggy Gentry, 14794 Poway Mesa Drive, representing the Poway Civic Association Alan Sugarman, 13385 Fallen Leaf Road, representing the Green Valley Civic Association Vicki Lazowski, 14440 Golden Sunset Lane Betty Rexford, 11570 Creek Road Paul Rexford, 11570 Creek Road Randy Wilkins, 14617 Acton Court, representing the Garden Road Association Larry Cruse, 13734 Utopia Road Deanne Erickson, 15051Vali Hai Road 3877 Page 6 - CITY OF POWAY - August 14, 1990 Speaking in opposition to Councilmember Emery's request: William Schwartz, 401 "B" Street, San Diego, attorney representing CalMat Following Council discussion, City Attorney Eckis stated that the City Council must make a finding that new and different evidence not available at a previous hearing would Justify a rehearing. Motion by Councilmember Emery, seconded by Councilmember Kruse to set a rehearing for Conditional Use Permit 89-05 finding that financial findings and mitigation costs were not provided in written form at the August 14, 199D hearing and requested that when staff does the financial analysis they consider the public input from the civic associations. Motion carried 4-0 with Mayor Higginson absent. City Attorney Eckis stated that the rehearing must take place within forty days unless CalMat signs a time waiver and requested that they notify the city within ten days of their intention. Also, since CalMat's current Conditional Use Permit expires in October, staff should be prepared to recommend an extension of time for that CUP prior to the expiration. Deputy Mayor Goldsmith called for a closed session at 10:00 p.m. ~,ALL TO ~RDER AgO AD~URNNENT Deputy Mayor Goldsmith called the meeting back to order at 10:30 p.m., with all Counctlmembers present except Mayor Higginson and announced instructions had been given to the City Attorney. Motion by Councilmember Emery, seconded by Councilmember Kruse to adopt Resolution No. 90-168 approving the salary and benefit plan for the management group. Motion carried 4-0 with Mayor Higginson absent. Upon motion by Councllmember Emery, seconded by Councilmember Brannon, Deputy Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 10:30 p.m. Marjorie K. Wahlsten, City Clerk City of Poway 3878