CC 1990 09-18 CITY OF POMAY, CALIFORNIA
#INUTE$ OF THE CITY CIXI~IL I~EGULAR NEETING
SEPTENBER 18, 1990
The September 18, 1990, regular meeting of the City Council of the City of
Poway was called to order at 7:04 p.m. by Mayor Higginson at the Poway Community
Center, 13094 Bowron Road, Poway, California.
COUNCILI4ENBENSAtISWERXNG ROLL CALL
Linda Brannon, Bob Emery, Carl Kruse, Don Higginson
COUNCIL#EttBERSABSEI~rAT ROLL CALL
Jan Goldsmith (Councilmember Goldsmith arrived at 8:30 p.m.)
STAFF #ENBEN$ PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Robert Thomas
Alan Archibald
Mark Sanchez
Peggy Stewart
Mark Weston
Jim Nessel
Yolanda Collins
Patrick Foley
Richard Howard
Peter Moote
Nancy Neufeld
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Com)~.unity Services
Director of Public Services
Director of Safety Services
Director of Administrative Services
Director of Engineering Services
Senior Planner
Sheriff's Lieutenant
Principal Management Analyst
Management Analyst
Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Councilmember Brannon led the Pledge of Allegiance.
PRESENTATIONS
Ao
Director of Safety Services Mark Sanchez presented keys to a 1961 American
LaFrance fire apparatus to Dana Quittner, representing Don Dailey, Jr., pre-
sident of the San Diego Regional Fire and Emergency Services Foundation.
This vehicle will be used by the Inter-Mountain Volunteer Fire and Rescue
Department and was authorized for donation by the City Council on September
11, 1990.
San Diego County Supervisor George Bailey presented a Certificate of
Commendation to Mayor Higginson in appreciation of Poway's donation of fire
equipment to the Inter-Mountain Volunteer Fire and Rescue Department.
3908
Page 2 - CITY OF POWAY - September 18, 1990
PUBLIC ~ ~I4U#I~ATIOI~
Mayor Higginson explained the procedure for Public Oral Communications.
Marie Symons, 14133 Rio Court, spoke regarding early morning noise from
trash trucks at Circle K on Twin Peaks Road.
City Manager Bowersox stated that staff will report back within the next four
weeks.
CONSENT CALENDAR
Motion by Councilmember Kruse, seconded by Councllmember Emery to approve the
Consent Calendar as follows:
12.
13.
14.
15.
16.
16.1
16.2
Ratification of Warrant Register - August 30, 1990
Denial of claim for damages: John McNeese
Reduction of securities for Poway Auto Spa, CUP 89-04, Western Developers
applicant; located at the southwest corner of the intersection of Poway
Road and Golden Way.
Approval of final map and directing its recordation for Tentative Tract Map
88-11, Bernardo Winery Estates, Keith Matson, applicant; located east of
Paseo Del Verano and west of Valle Verde Road; adoption of Resolution No.
90-188 entitled, "A Resolution of the City Council of the City of Poway,
California, Ordering the Expansion of Poway Landscape Maintenance
Assessment District No. 86-01 With Written Consent of All Property Owners;"
and adoption of Resolution No. 90-189 entitled, "A Resolution of the City
Council of the City of Poway, California, Ordering the Summary Vacation of
an Irrevocable Offer of Dedication Located Within Parcels 1 and 2 of Parcel
Map No. 10710 Filed in the Office of the County Recorder of San Diego
County as File No. 80-392006 on November 20, 1980, (Vacation 90-06)."
Approval of parcel map and directing its recordation for Tentative Parcel
Map 89-02, Gerald and Gall Stobbs applicant; located on the west side of
Tierra Bonita Road, north of Donart Drive, and adoption of Resolution No.
90-190 entitled, "A Resolution of the City Council of the City of Poway,
California, Ordering the Expansion of Poway Landscape Maintenance
Assessment District No. 83-01 With Written Consent of All Property Owners."
Award of bid in the amount of $1,024,420 for the Welton Pump Station and
Buehler Reservoir, Parkway Business Centre, Community Facilities District
88-1, to Pascal and Ludwig.
Adoption of Resolution No. 90-191 entitled, "A Resolution of the City
Council of the City of Poway, California, Acting in its Capacity as the
Legislative Body of Community Facilities District No. 90-1 of the City of
Poway {Tech Business Center} Declaring the Results of a Special Bond and
Special Tax Election to Finance Certain Facilities and Approving Certain
Related Actions."
3909
Page 3 - CITY OF POWAY - September 18, 1990
16.3 Adoption of Resolution No. g0-192 entitled, "A Resolution of the City
Council of the City of Poway, California, Determining Certain Public
Improvements to be of Benefit to the Paguay Redevelopment Project," for the
construction of Poway Grade rehabilitation. {5263}
Motion carried 4-0, with Councilmember Goldsmith absent.
ITEM 5
COUNTY USE PERMIT P73-130M3W
REHEARING FOR CALMAT-POWAY
CONDITIONAL USE PERMIT 89-05
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On August 14, 1990, the City Council took action to rehear the CalMat
CUP which was approved at the August 7, 1990 meeting. The Council made findings
that financial information and mitigation costs were not available at the pre-
vious hearing. At the same time, City Attorney Eckis stated that the rehearing
must take place within forty days of the action to reconsider, unless CalMat
signs a time waiver, and that staff should prepare an extension of the existing
CUP issued by the County of San Diego for consideration prior to its expiration
in October.
This hearing is being held to consider the extension of the County Use Permit
for six months with modified conditions as discussed by the City Council at the
September 4, 1990 meeting. On September 6, 1990, the applicant waived the forty
day time limit for the rehearing on the CUP approved in August, with the
understanding that five additional conditions will be imposed on the existing
CUP. Those conditions are: 1) the Cadillac Fairview stockpiled material to be
processed first; 2) currently unmined property shall not be disturbed; 3) imple-
mentation of Reclamation Plan 89-05 shall be held in abeyance and the applicant
shall post a $10,000 bond; 4) limited hours for operation and for maintenance
activities; and 5} submittal of design for haul road before January 21, 1991.
Mr. Bowersox stated that the applicant has posted a $10,000 deposit as required
under Condition 3. Staff recommends approval for the extension of the County
Use Permit subject to the five conditions as outlined.
Speaking in favor of staff recom)w.endation:
William Schwartz, 401 "B" Street, San Diego, attorney representing CalMat
Speaking in opposition to staff recommendation: Betty Rexford, 11570 Creek Road
Jerry Hargarten, 13622 Orchard Gate Road, representing Green Valley Civic
Association
Peggy Gentry, 14794 Poway Mesa Drive, representing Poway Civic Association
Randy Wilkins, 14617 Acton Court, representing Garden Road Association
Ray Whitehead, 14518 Indian Springs Road
Mike Fry, 12819 Selma Court
Those speaking in opposition stated there were no limits placed on the amount of
truck traffic for the existing permit, and requested they be added to the time
extension approval.
3910
Page 4 - CITY OF POWAY - September 18, 1990
In response to Council inquiry, Mr. Schwartz, attorney for CalMat, stated that
his client's waiver of the forty-day rehearing requirement was based upon the
imposition of the five conditions previously set out.
Councilmember Emery entered into the record a letter dated September 18, 1990,
from City Manager Bowersox to the Poway Civic Association regarding the methodo-
logy for the upcoming review of the Conditional Use Permit application.
Following discussion, motion by Counctlmember Emery, seconded by Councilmember
Kruse, to close public hearing and adopt Resolution No. P-90-70 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving an
Extension of County Special Use Permit P-73-130M3W, Assessor's Parcel Numbers
320-031-03, 04, 06," and direct staff to bring back a resolution outlining
Council's direction to staff to include the Poway Civic Associations' proposals
in the upcoming rehearing, to monitor truck traffic and bring back as a viola-
tion of the existing permit if it exceeds the daily average over the past five
years, and to provide advance review of the staff proposals for the Poway Civic
Association. Motion carried 4-0, with Councilmember Goldsmith absent.
REC:E$$ AND GALL TO ORDER
Mayor Higginson recessed the meeting at 8:35 p.m., and called it back to order
at 8:45 p.m., with all Councilmembers present.
ITEM 6
INTENT TO PREPARE DRAFT ENVIRONMENTAL IMPACT REPORT
POWAY ROAD WIDENING PROJECT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff has conducted an initial study to determine the potential
environmental impacts of a proposed project for the widening of Poway Road. The
2.6 mile project would widen existing Poway Road to four 12-foot lanes with
8-foot shoulders and a 14-foot median from 0.1 mile east of Espola Road to SR
67. The potential environmental impacts identified during the initial review
are in the areas of soils and geology, hydrology and drainage, air quality, land
use, biology, population, socio-economic factors, transportation, cultural
resources, health, safety and nuisance factors/noise, aesthetics/visual quality,
utilities and public services, and project alternatives. This hearing is being
held to determine if there are additional areas of potential environmental
impacts not previously identified.
City Manager Bowersox stated that the Transportation Task Force will be pre-
senting their final report at next week's meeting and will be addressing alter-
natives to Poway Road. The Council may wish to continue this item in order to
consider at the same time.
3911
Page 5 - CITY OF POWAY - September 18, 1990
Council received testimony from the following speakers: Don Mechling, 14574 Millards Road
James E. Stevenson, 14525 Millards Road
Dave Smith, 14514 Millards Road
Tom Bankhead, 1835 Sunnyside Terrace, Escondido, owns property adjacent to
Poway Road
Ed Schaefer, 15151 Crocker Road
John Augustine, 17200 Dos Amigos Road
Peggy Gentry, 14794 Poway Mesa Drive
Motion by Councilmember Goldsmith, seconded by Councilmember Brannon, to con-
tinue the public hearing to September 25, 1990. Motion carried unanimously.
ITEM 9
COUNTY USE PERMIT P74-18M/MINOR DEVELOPMENT REVIEW 90-51
APPLICANT: PALOMAR POMERADO HOSPITAL DISTRICT
Mayor Higginson opened the public hearing and stated that this item will be
taken out of order. Staff report by City Manager Bowersox. This is a request
to construct a 2,000 square foot, single-story, detached storage building on the
Pomerado Hospital grounds located at 15615 Pomerado Road. Staff recommends
modification of conditions of approval regarding execution of a covenant on real
property, school impact fees, and surfacing for vehicular access.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Kruse, to close the
public hearing and adopt Planning Resolution No. P-gO-71.entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use
Permit P74-18M and Minor Development Review 9D-54, Assessor's Parcel Number
275-4612-04," as revised. Motion carried unanimously.
ITEM 7
VARIANCE 90-08
APPLICANT: PAUL & JOANN WHISTLER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to approve a variance for an eight to nine foot
retaining wall adjacent to a driveway located at 13030 Papago Drive. The addi-
tional wall height has been required to insure the stability of a cut slope
along the north side of the driveway. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Kruse, seconded by Councilmember Emery, to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-90-72 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Variance 90-08, Assessor's Parcel Number 317-620-44."
Motion carried unanimously.
3912
Page 6 - CITY OF POWAY - September 18, 1990
ITEM 8
TENTATIVE TRACT NAP 89-07
APPLICANT: NICHOLAS KRIKORIANTZ
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to divide 6.55 acres into 6 residential lots
located on the northwest side of Stone Canyon, 150 feet north of Wildflower
Lane. The site contains a prehistoric rock artifact, which will be preserved
within a permanent open space easement. Staff recommends approval with a revi-
sion allowing waiver of the requlrement for a sound wall if warranted following
an on-site noise study.
Speaking in favor of staff recommendation:
Nike Toomey, 7113 Caminito Pantoja, San Diego, representing the applicant,
requested mofification of conditions of approval requiring sidewalks on
Stone Canyon Road and the interior street.
Following discussion, motion by Councilmember Goldsmith, seconded by
Counctlmember Brannon, to close the public hearing, issue a mitigated Negative
Declaration, and adopt Planning Resolution No. P-90-73 entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Tentative Tract
Map 89-07, Assessor's Parcel Number 275-241-01," as revised regarding sound
wall, and elimination of sidewalks on both streets with the preservation of a
five-foot landscaped footpath right-of-way behind the curb. Notion carried 4-1,
with Councilmember Emery voting "no."
ITEM 10
FINAL REPORT MIGRANT WORKER RELATIONS COMMITTEE
Staff report by City Manager Bowersox. On March 7, 1989, the City Council
approved the charter for a Migrant Worker Relations Committee to look into the
problems facing the migrant worker and the community. The coa~)dttee was charged
with the task of formulating official policy for the City and to help in
creating a better understanding between the migrant worker and the community.
Staff recommends that the Council approve the final report and direct staff to
begin an evaluation of the recommendations for possible implementation.
Councilmember Emery, Chairperson for the Migrant Worker Relations Committee,
reviewed the issues examined by the committee, including: safe and sanitary
housing; health, safety, and welfare of the workers and their families; legal
issues relating to residency and work status, education and community awareness;
and employment opportunities. The committee has formulated recomm,,endations in
nine areas: 1) political involvement; 2) elimination of illegal camps; 3)
encourage communication and contact between the migrant and permanent residents;
4) corri,~unity awareness; 5) crime prevention; 6) hiring halls and/or employment
services; 7) housing; 8) education; and 9) regional approaches.
Speaking in opposition to staff recommendation:
Tony Snesko, 12808 Clair Drive, requested additional INS Border Patrol Unit
be hired for the City, and suggested cooperative housing be provided by
agricultural employers.
3913
Page 7 - CITY OF PONAY - September 18, 1990
The following members of the Migrant Worker Relations Committee addressed the
Council:
Dick Rauch, 13329 Stone Canyon Road
Ray Whitehead, 14518 Indian Springs Road
Council thanked the committee for their work during the past year and a half and
recognized the members present. Following discussion, motion by Councilmember
Emery, seconded by Councilmember Brannon, to accept the Migrant Worker Relations
Committee report, and direct staff to begin implementation of the committee's
recommendations. Motion carried unanimously.
ITEM 11
AGREEMENT WITH SAN DIEGO CLEAN WATER PROGRAM
FOR ALTERNATIVE ANALYSIS FOR WATER RECLAMATION PROJECT
Staff report by City Manager Bowersox. Staff is recommending approval of an
agreement for engineering services with San Diego Clean Water Program to analyze
project alternatives for the City's Water Reclamation Project as it relates to
the overall improvements required of the San Diego Clean Water Program.
Motion by Councilmember Emery, seconded by Councilmember Goldsmith to approve
staff recommendation. Motion carried unanimously.
ITEM 11.1
ANALYSIS OF PROPOSITION 128 NOVEMBER 1990 BALLOT
Staff report by City Manager Bowersox. At the August 14, 1990 meeting, the City
Council directed staff to prepare an analysis of the Environmental Protection
Initiative, Proposition 128, which will appear on the state-wide ballot for
November 6, 1990. Staff has prepared a report for Council review and recommends
it be received and filed.
Motion by Councilmember Kruse, seconded by Councilmember Emery, to approve staff
recommendation. Motion carried unanimously.
ITEM 11.2
QUALITY OF LIFE STANDARDS
City Manager Bowersox stated that this item was continued from the September 13,
1990 meeting. Councilmember Brannon stated that SANDAG, acting in its capacity
as the Proposition C Regional Planning and Growth Management Review Board, has
drafted Quality of Life Standards to be included as an element of the Regional
Growth Management Strategy. These standards address the major environmental and
public facility issues related to growth in the San Diego region, and are being
circulated for review and comment.
Motion by Councilmember Brannon, seconded by Councilmember Goldsmith, to adopt
the Regional Quality of Life Standards and Objectives Report prepared by SANDAG.
Motion carried unanimously.
3914
Page 8 - CITY OF PONAY - September 18, 1990
ITEM 17
CITY MANAGER ITEMS
Ae
City Manager Bowersox requested a closed session pursuant to Government Code
§54957.6(a) for the purpose of the legislative body reviewing its position
and instructing its representative concerning personnel negotiations, and
that Item 17B be trailed to the end of the meeting.
ITEM 18
CITY ATTORNEY ITEMS
A. City Attorney Eckis stated that he is requesting a closed session under
Government Code §$4956.9(c) to determine whether to initlate litigation.
Be
City Attorney Eckis stated that he is requesting a closed session under
Government Code §54956.9(a) to discuss pending litigation as follows: San
Marcos Development vs. City; Laugen vs. City; Grover vs. City; and Buckley
vs. City.
CITY COUNCIL-INITIATED ITEMS
19. Councilmember Brannon reported on the Clean Water Program Governance
Advisory Group meeting of August 10, 1990 and stated they had not reached a
decision on two items: how many seconds should be required to get to a
weighted vote; and what percentage of votes should carry a weighted vote.
These items will be discussed at the September 21, 1990 meeting of the
advisory group. Motion by Councilmember Emery, seconded by Councilmember
Kruse, to direct Councllmember Brannon to vote whatever is in the best
interests for the City of Poway in achieving the best financing for the
ratepayers of Metro II Improvements. Motion carried unanimously.
CLOSED SESSION
Mayor Higginson called for a closed session at 10:40 p.m. as requested by the
City Manager and the City Attorney. Mayor Higginson called the meeting back to
order at 11:20 p.m., with all Councilmembers present except for Councilmember
Brannon, and stated that instructions were given to the City Attorney in closed
session regarding litigation.
ITEM 17
Be
Motion by Councllmember Kruse, seconded by Councilmember Emery, to adopt
Resolution No. 90-193 entitled, "A Resolution of the City Council of the
City of Poway, California, Adopting the Memorandum of Understanding between
the City of Poway and the Poway Firefighters' Association and Amending the
Financial Plan for Fiscal Year 1990-91." Motion carried 4-0, with
Councllmember Brannon absent.
3915
Page g - CITY OF POWAY - September 18, 1990
AI),IOURNI4ENI
upon motion by Councilmember Emery, seconded by Councilmember Goldsmith, Mayor
Higginson ordered the meeting adjourned. The time of adjournment was 11:24 p.m.
Marjori~e I~. Wahlsten, City Clerk
City ofk P~P~P~P~P~P~P~P~P~way
3916