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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