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CC 1991 06-20CITY OF POgAY, CALZF~R#ZA #IHUTL~ OF THE CITY ~Ug~IL ADu'~UR~IEO REGULAR #EETIK ~]UHE ZO, 1991 The June 20, 1991, meeting of the City Council of the City of Poway, adjourned from the June 18, 1991, regular meeting, was called to order at 3:35 p.m. by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUHCILNE#BERS PRESENT AT ROLL CALL Bob Emery, Kathy McIntyre, Tony Snesko, Jan Goldsmith COUI~ILNE~ERS ABSEKI* AT ROLL CALL Don Hlggtnson (Councllmember Hlgglnson arrived at 4:35 p.m.} STAFF #EI~BERS PRESENT John Fitch Marjorie Wahlsten Tamara Smith Assistant City Manager City Clerk Assistant City Attorney CLOSED SESSION Assistant City Attorney Smith stated there was litigation threatened against the City and requested the City Council hold a closed session to discuss this matter. Motion by Councilmember Emery, seconded by Councilmember McIntyre to hold a closed session pursuant to Government Code Section 54926.9{b){1), threatened litigation. Motion carried 4-0 with Councilmember Higginson absent. Mayor Goldsmith adjourned the meeting into closed session at 3:38 p.m. CALL TO ORDER Mayor Goldsmith called the meeting back to order at 4:35 p.m., and stated no action had been taken in closed session. Councilmember Higginson, City Manager Bowersox, Director of Planning Services Wright-Quastler, Director of Engineering Services Weston, Assistant Director of Planning Services Streeter, and Senior Engineer Dobler joined the meeting at this point. PUBLIC (gUU. ~ZlMUNICATI~S Mayor Goldsmith explained the procedure for Public Oral Communications. There was no one present wishing to speak. 4231 Page 2 - CITY OF POWAY ADJOURNED REGULAR MEETING - June 20, lggl ITEM 3 CONDITIONAL USE PERMIT 89-05 APPLICANT: CAL-MAT City Manager Bowersox reviewed the project history leading up to this workshop and the public hearing which is scheduled to be held July 23, 1991. The Council directed staff to determine what size plant would be necessary to have a financially feasible project. Staff has been working with Jim Rabe of Kosmont & Associates, financial consultant; Don Deems, mining consultant, and Vincent Scheidt, environmental biologist, in this process. Meetings have been held with CalMat and citizen observers representing several civic associations. Issues discussed included methods of mining, quantities to be mined, mitigation measures, and cost of public improvements. Jim Rabe and Don Deems reviewed their findings for the City Council. (Councilmember Snesko left the room at 5:25 p.m., and Councilmember Higginson left at 5:29 p.m. They both re-entered the meeting at 5:31 p.m.} Jerry Hargarten, Betty Rexford, Mike Fry and Randy Wilkins, who had served as citizen observers expressed their opposition to the project as proposed citing environmental concerns, traffic impacts, air pollution from an asphalt plant, and perceived flaws in the financial analysis. {Mr. Fry and Mr. Wilkins spoke following the recess} AgO r.,AJ.L TO ~lRO~ Mayor Goldsmith recessed the meeting at 5:40 p.m., and called it back to order at 5:46 p.m., with all Councilmembers present. Danial Eaton, 14445 Ipava, attorney representing the civic associations stated he will provide a brief within thirty days regarding the city's obligations under CEQA. RECESS AND ~,ALL TO ORDER Mayor Goldsmith recessed the meeting at 6:32 p.m., and called it back to order at 6:40 p.m., with all Councilmembers present. William Schwartz, 401 "B" Street, San Diego, attorney representing CalMat stated that citizen input has led to compromise and reviewed the concessions that have been made. Severo Chavez, P.O. Box 3098, San Diego, CalMat, reiterated the need to be able to sell a full range of products, including asphalt, to be competitive. 4232 Page 3 - CITY OF POWAY ADJOURNED REGULAR MEETING - June 20, 1991 Council concurred that the asphalt plant is the crux of the issues and they could not concur with staff's recommendation. Issues raised included: where have the fines been going in the past; what project would they have if they expanded to what is currently permitted under the terms of the County-issued CUP; how much is the city required to allow under terms of the 1985 EIR; and water requirements since the reclamation plant will not be completed by December, 1993 as cited in the subsequent EIR. (Councilmember McIntyre left the meeting at 7:20 p.m.) Motion by Councllmember Snesko, seconded by Mayor Goldsmith, to require that Mr. Eaton's brief and CalMat's response to citizen questions be submitted by July 12 and that any rebuttals to these documents be submitted by July 18 in order to have time to review them prior to the public hearing. Motion carried 4-0 with Councilmember McIntyre absent. Assistant City Attorney Smith requested that the City Clerk publicize this on the agenda. AID,3OURNNENT Upon motion by Councilmember Emery, seconded by Councilmember Higginson, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 7:32 p.m. Marjori~ K~ Wahlsten, City Clerk City or.ay 4233