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