CC 2008 01-15
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 15, 2008
The January 15, 2008, Regular Meeting of the City Council of the City of Poway was called to
order at 7'02 p,m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center
Drive, Poway, California,
COUNCILMEMBER'S PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford
COUNCILEMEMBERS ABSENT
Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Diane Shea City Clerk
Bob Manis Director of Development Services
Robert Clark Director of Community Services
Kevin Haupt Director of Public Works
Tina White Director of Administrative Services
Mark Sanchez Director of Safety Services
Todd Frank Sheriff's Captain
Patti Brindle City Planner
Oda Audish Associate Planner
Jennifer Lewis Sr Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Boyack led the pledge
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review' Deputy Mayor Emery reviewed Mexican Cocina on
Poway Road
. Deputy Mayor Emery said MTS has purchased new hybrid buses to travel the
"superloop" in University City A Poway company is assisting with the production of
these vehicles
. Deputy Mayor Emery showed a photograph of a new bud on an oak tree in the burned
area in the Blue Sky Reserve
Page 2 - CITY OF POWAY - January 15, 2008
PRESENTATIONS
. Presentation by Yelena Feldman, Manager of Community & Government Affairs of
the San Diego Workforce Partnership, Inc Ms. Feldman made the presentation.
. Presentation of 10 year Service Award to Kimberley Lyon, Senior Administrative
Assistant, Development Services Department. Development Services Director Bob
Manis and Deputy Mayor Emery made the presentation.
PUBLIC ORAL COMMUNICATIONS
There were no public speakers,
PUBLIC HEARINGS
1 Environmental Assessment and Conditional Use Permit 07-05, Development
Review 07-02, and Variance 07-06; Kit Ashley, CCAlArchitects, Applicant: A
proposal to construct and operate a new 24-bed assisted living
facilitylconvalescent home at 12708 Monte Vista Road, in the Commercial Office
Zone. The request includes a Variance to: (1) allow an assisted living facility on
the 0 48-acre property where two acres is the minimum lot size for this use; (2)
allow a six-foot-high, decorative iron fence in the front yard where four feet is the
maximum height allowed, and (3) waive the requirement for an eight-foot-high
wall on the east property line shared with a residentially zoned property. APN
275-460-64. (0210-50)
Oda Audish, Associate Planner, presented the staff report. This is a proposal to
demolish an existing building, and construct and operate new 24-bed assisted living
facilitylconvalescent home at 12708 Monte Vista Road, in the Commercial Office zone
The new 9,320-square-foot facility will have underground parking. The proposal will
require approval of a Variance to (1) allow an assisted living facility on a 048-acre
property where the Zoning Code requires a 2-acre minimum lot size for this use, (2)
allow a six-foot-high, decorative iron fence in the front yard where four feet is the
maximum height allowed, and (3) waive the requirement for an eight-foot-high wall on
the east property line shared with a residentially zoned property because the neighbor
is another convalescent home
Dee Fleischman, Poway, expressed her concerns over parking, ventilation in
underground parking area, designated smoking areas, and color of the building.
Sam Stelletello, owner and applicant, addressed concerns expressed by the Council.
Motion by Councilmember Higginson, seconded by Councilmember Boyack, to close
the public hearing, approve the Negative Declaration, Conditional Use Permit,
Development Review and Variance, and adopted Resolution No P-08-01, entitled, .. A
Resolution of the City Council of the City of Poway, California Approving Condition Use
Permit 07-05, Development Review 07-02 and Variance 07-06, and Rescinding
Resolution No 00-37, Assessor's Parcel Number 275-460-64" Motion carried 4-0 with
Mayor Cafagna absent.
Page 3 - CITY OF POWAY - January 15, 2008
2, Violation of Chapter 16.86.010 ofthe Poway Municipal Code (PMC). An appeal by
the property owners, Don and Lee Tartre, residing at 12941 Avenida La Valencia,
and Alex and Diane Armstrong, residing at 12935 Avenida La Valencia, of the
requirement to obtain a development permit for construction in a regulated
floodplain. (0210-20)
Frank Castelleneto, City Engineer, presented the staff report. On July 16, 2007, the
above referenced property owners were sent a letter from the City informing them that a
chain link fence they recently installed on their properties was constructed in a
regulated floodplain. The letter informed the property owners they must either remove
the fence or apply for a Floodplain Development Permit as required by Section
1686.010 of the Poway Municipal Code. This is an appeal, pursuant to Poway
Municipal Code (PMC) Section 16 86 040, by the property owners of a requirement by
the City Flood Plan Administrator to either remove fences encroaching in a regulated
floodplain or apply for a Floodplain Development Permit. The fences were constructed
without City approval.
Appellants Diane Armstrong and Lee Tartre gave a joint presentation to the City
Council on the merits of their appeal.
Rebecca Seidel, Poway, spoke on past flooding on her property and supports staff
recommendation
Debbie Knutl, Poway, asked for a postponement as the City Council needs to get all the
information and take time to discuss the issues
Steve Winton, Poway, supports staff recommendation requiring the permit, and noted
the City's responsibility to enforce its rights
Matt Gibbs, Poway, suggested a postponement for the proper studies to be made. He
wants to make sure his property is protected
Louis Guerena, Poway, asked Council for a postponement of this hearing until a study
can be performed
Robert and Julia Zyliniec, Poway, spoke in support of the staff recommendation saying
the floodplain permit should have been obtained before the fence was installed.
Steve Utgard, Poway, spoke on prescriptive rights relating to trail access on his
property
Chris Tartre, Poway, spoke in opposition of the City's recommendation.
Motion by Councilmember Higginson, seconded by Councilmember Boyack, to take
public input, close the public hearing, and approve the Resolution No 08-004 entitled,
"A Resolution of the City Council of the City of Poway, California, Adopting Findings in
Support of its Decision to Deny an Appeal Challenging the Requirement to Obtain a
Development Permit for Construction in a Regulated Floodplain (12935 and 12941
Avenida La Valencia) APN 275-530-17 and 275-530-18," and require them either to
remove their fences recently constructed across the creek or apply for a Floodplain
Development Permit with engineering analysis Motion carried 4-0 with Mayor Cafagna
absent.
Page 4 - CITY OF POWAY - January 15, 2008
CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Councilmember Boyack, to approve the
Consent Calendar consisting of Items 3 through 6 as submitted. Motion carried 4-0 with Mayor
Cafagna absent.
3 Ratification of Warrant Register for the period of December 17 through December
21,2007. (0475-20)
4 Award of contracts for the asphalt/aggregates materials contract, Bid No. 08-005
to California Commercial Asphalt, LLC, $253,208 (Asphalt); Hanson Aggregates,
$19,505 (Aggregates); and Ennis, Inc" $50.00 per load (Disposal). (0700-10)
5 Adoption of Resolution No. 08-005 entitled, "A Resolution of the City Council of
the City of Poway, California, Approving the Memorandum of Understanding
Between the City and the California Teamsters Local 911 Representing the Non-
Safety Employees," (0700-50)
6 Receive report of emergency repair expenditures pertaining to the Witch Creek
Fire, and continue the City Manager's authorization to make the necessary
emergency repairs under authority of Resolution No. 07-079, adopted on October
25,2007. (0320-30)
ADJOURNMENT
Deputy Mayor Emery adjourned the meeting at 8-45 p,m.
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City of Poway, California