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.
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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.
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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.
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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.
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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
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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
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