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CC 1995 09-26 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEHBER 26, 1995 The September 26, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Alan Fulmer Penny Riley City Manager City Clerk City Attorney Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. INTRODUCTION City Manager Bowrsox introduced Captain Alan Fulmer who has been assigned to the Poway Sheriff's Substation and will be Poway's "Police Chief." PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Roger Willoughby, 13732 Fairgate Drive, thanked staff for fast action in getting trash cleaned up in South Poway that he had complained about at the September 19, 1995 meeting. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 5633 Page 2 - CITY OF POWAY - September 26, 1995 Approval of Minutes - City Council August 22, 1995, Regular Meeting August 29, 1995, Canceled Meeting 11. Ratification of Warrant Register for period of September 4-8, 1995 (401-10) 12. Denial of claim for damages: Thomas P. Woertz (704-13) 13. Authorization to escheat certain unclaimed checks and return funds to the General Fund. (401-06) 14. Approval of the establishment of a Disadvantaged Business Enterprises (DBE) goal of 16% for 1995-96 in order to qualify for Federal Emergency Relief Funds for arterial repairs. (1502-17} 15. Acceptance of the Auxiliary Generator Building from Construction Development Management. (5529) (602-01 #222R) 16. Acceptance of public improvements and release of securities for La Paz Summit, Tentative Tract Map 89-03, Premium Investors, developer; a 28 lot subdivision located east of Poway Road at the end of Silver Ridge Road. (602-01 #946) 17. Approval of final map for Tentative Tract Map 94-01, Herrick Development applicant; a six lot subdivision located at 12718 Oak Knoll Road; and adoption of Resolution No. 95-106, entitled, "A Resolution of the City Council of the City of Poway Ordering the Expansion of Poway Landscape Maintenance District 86-03A with the Written Consent of Property Owners." (203-01) 18. Adoption of Resolution No. 95-107, entitled, "A Resolution of the City Council of the City of Poway, County of San Diego, California, Authorizing the submittal of the Household Hazardous Waste Discretionary Grant Application by the City of Poway," to the State to fund permanent collection sites within the City and on-going education programs. (401-30) 19. Receive and file report regarding interest of property owners on Sycamore Avenue adjacent to Old Poway Park, in selling their property to the City of Poway. (Referred from August 1, 1995, Item 12) (1401-11) 20. Award of bid for the purchase of a diesel tractor to Pauley Equipment Company in the amount of $15,247.50. (601-03) 21. Award of bid for the purchase of three replacement ride-on lawn mowers to California Turf, Inc., in the amount of $54,152.70. (601-03) Motion carried unanimously. 5634 Page 3 - CITY OF POWAY - September 26, 1995 ITEM 4 (203-08) CONDITIONAL USE PERMIT 95-04 DEVELOPMENT REVIEW 95-07 VARIANCE 95-04 APPLICANT: RICHARD DARR City Manager Bowersox stated that this request to continue and expand a tire sales and service business, along with other uses, at 12957 Poway Road, needs to be removed from calendar and re-noticed for October 10, 1995 in order to include an additional use not originally applied for. Motion by Councilmember Callery, seconded by Councilmember Emery to approve staff recommendation. Motion carried unanimously. ITEM 5 (203-04) DEVELOPMENT REVIEW 95-13 VARIANCE 95-08 APPLICANT: WATKINS TRUCKING Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. This is a request for construction of a 13,100 square foot facility for a 40 door truck terminal and office, with a variance to allow light standards of 35 feet where 25 feet is the maximum on six acres at the northeast corner of Tech Center Drive and Kirkham Way in the South Poway Business Park. Staff recommends approval. Speaking in opposition to staff recommendation: Bill Rickles, 13725 Utopia Road, cited diesel exhaust, 24 hour noise, light pollution, trucks in the residential areas, and whether this was an appropriate use in the Business Park. Paul Rexford, 11570 Creek Road, stated trucking is not light industry and its not compatible with Poway. He cited personal experiences with truck terminals next door to his place of employment. Peggy Collette, 13969 Bernadotte Lane Speaking in favor of staff recommendation: Neville Bothwell, 3375 Kenyon Street, San Diego, stated this is a permitted use in this zone and the issue before Council is the design of the building and the variance for the lights. Lance Collins, Lakeland Florida, U.S. Director of Properties for Watkins Trucking, answered many questions raised by the public testimony and questions from Councilmembers Cafagna and Rexford. (Mayor Higginson left the meeting at 7:35 p.m. during Mr. Collins presentation and returned at 8:15 p.m. just prior to the vote on this item.) 5635 Page 4 - CITY OF POWAY - September 26, 1995 Councilmembers asked questions regarding the grading plan, use of metal panels on the loading dock side, whether the Environmental Impact Report for the Business Park considered trucks, use of chain link fencing, truck routes, parking trucks off-site and hours of operation. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-95-54, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 95-13 and Variance 95-08, Assessor's Parcel Number 317-280-62 Portion," as amended to delineate the truck routes and require metal panels be well maintained. Motion carried 3-1 with Mayor Higginson abstaining due to his absence during much of the discussion and Councilmember Rexford voting "no." ITEM 6 (203-08) CONDITIONAL USE PERMIT 89-05 ANNUAL REVIEW/CALMAT-POWAY Staff report by Director of Planning Services Wright-Quastler. CalMat's Conditional Use Permit and Reclamation Plan requires an annual review. This is the fourth annual monitoring conducted by staff and CalMat has demonstrated their conformance with the conditions of approval. Council concurred to receive and file the report. ITEM 7 (1501-10) FEMA REMAPPING STUDY ON POMERADO CREEK Staff report by Director of Engineering Services Weston. In June, 1995, the Federal Emergency Management Agency completed its study regarding Pomerado Creek and advised the City of their intent to publish the preliminary maps and conduct a 90-day comment and appeal. On September 18, 1995, the City submitted an appeal of the preliminary flood study for Pomerado Creek. On September 20, 1995, staff met with the affected property owners to discuss the appeal and the process. Staff recommends the City Council appropriate $75,000 to conduct technical studies to determine what is actually in the field and what improvements would be necessary if the FEMA study is verified. Speaking in favor of staff recommendation: Raymond Weeks, 13533 Powers Road Mark Cuthbert, 14170 Powers Road, who recommendation wording. suggested some revision to the Motion by Councilmember Emery, seconded by Councilmember Callery to direct staff to actively pursue the appeal of the FEMA floodplain study and appropriate $75,000 to conduct surveys and technical studies. If the conclusions of the FEMA study are verified, then the staff will determine costs for improvements 5636 Page 5 - CITY OF POWAY - September 26, 1995 necessary to contain the waters within the Pomerado Creek concrete channel. Staff was further directed to keep Congressman Cunningham apprised of the progress in our appeal since he has agreed to assist the City, and to ensure that the consulting engineering firm selected to conduct the studies has experience in the FEMA appeal process. Motion carried unanimously. ITEM 8 (701-13) LEGISLATIVE STRATEGY Staff report by City Manager Bowersox. During the September 5, 1995 hearing for the adoption of the Habitat Conservation Plan, there was a brief discussion of how the City represents the interests of its residents with State and Federal legislative members. The City takes an aggressive position on legislation pending before the California State Legislature and monitors Federal legislation which has the potential to impact the City and this report sets forth the methods used. City Council concurred to receive and file the report. CITY ATTORNEY ITEMS Ao City Attorney Eckis stated the closed session for conference with real property negotiator for price and terms of payment for property owned by Poway Land, Inc. could be taken from the calendar. City Attorney Eckis requested a closed session regarding anticipated litigation pursuant to Government Code Section 54956.9(b) because on August 15, 1995, when the City Council approved the Habitat Conservation Plan, Attorney Craig Beam provided a letter alleging numerous violations of the law and during public testimony Sheila Cockerell stated that if the City took action, it would result in lawsuits. MAYOR 28A. AND CITY COUNCIL-INITIATED ITEMS Mayor Higginson requested and received concurrence to hold a pre- development conference for the proposed location of a light automotive repair and storage use at 12300 Stowe Road, Suite A, in the South Poway Business Park for Guardian Towing on a date to be determined. (203-18) 28B. Mayor Higginson announced the appointment of Merillee Boyack to the Redevelopment and Housing Advisory Committee. CLOSED SESSION Mayor Higginson called for a closed session at 8:50 p.m. 5637 Page 6 - CITY OF POWAY - September 26, 1995 CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:45 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Callery. Marjotie\K. Wahlsten, City Clerk City O,f~Poway 5638