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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. ~~~e~ City of Poway, California