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CC 2008 10-07 City of Poway, California Minutes of the City Council Meeting Regular Meeting October 7,2008 The October 7, 2008, Regular Meeting of the City Council of the City of Poway was called to order at 7'06 p m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Councilmembers Present: Mickey Cafagna, Don Higginson, Betty Rexford, Merrilee Boyack Councilmember Absent: Bob Emery Staff Members Present: Rod Gould Penny Riley Lisa Foster Shelley Collins Robert Manis Kevin Haupt Tina White Dena Fuentes Mark Sanchez Todd Frank Frank Casteleneto Patti Brindle Lisa Mercurio Pledqe of Alleqiance: City Manager Assistant City Manager City Attorney Records Technician Director of Development Services Director of Public Works Director of Administrative Services Director of Redevelopment Services Director of Safety Services Sheriffs Captain City Engineer City Planner Assistant Planner Councilmember Rexford led the Pledge of Allegiance City Councilmember Announcements: Pet of the Week by Councilmember Rexford. Councilmember Rexford introduced a picture of Sprite, a female Labrador Retriever/American Staffordshire mix, who is awaiting adoption at the Escondido Humane Society The Adoption Counselor can be reached at (760)888-2247 Councilmember Boyack attended the Red Cross Annual event, where the City of Poway was awarded the "Real Hero Award," in recognition of its exemplary service within the community during the wildfires in 2007 9095 Page 2 - CITY OF POWAY - October 7,2008 Presentations The week of October 4-11, 2008, was declared Fire Prevention Week. Director of Safety Services, Mark Sanchez presented the proclamation to Kevin Kitch, Fire Division Chief Senior Code Compliance Officer, Thomas Borobia presented Benny Garcia, Center Director for the California Conservation Corps of San Diego, with an appreciation plaque for their clean-up efforts of flammable brush on City properties. Catherine Hill, Regional Public Affairs Manager, League of California Cities, presented the City of Poway, the Helen Putnam Award for Excellence for the Solara Housing project. Solara won in the excellence for housing programs and innovation being the only award winner in that category out of 480 cities Director of Safety Services, Mark Sanchez presented a service award for 35 years of service to Bob Stanberry, Fire Captain. Director of Safety Services, Mark Sanchez presented a service award for 35 years of service to John LaFever, Fire Captain. Public Oral Communications Joseph Colton spoke in opposition of the speed bumps on Valle Verde Road. City Manager Rod Gould and Director of Development Services, Bob Manis informed Mr Colton, that an island median would be placed on the roadway to slow traffic and not speed bumps, Bob Thomas spoke about the health benefits for retired City employees. Continued Public HearinQ: 1 Ordinance No 680 - Second Reading, Entitled, "An Ordinance of the City of Poway, California, Amending Chapter 13.24 of the Poway Municipal Code by Amending Section 13.24030 Concerning Reimbursement for Permanent Improvements." (0490-15) On September 23, 2008 the City Council introduced and held the first reading of Ordinance No 680 All Councilmembers were present. No public testimony was received at that time. There were no public speakers on this item. City Council Action' Motion by Councilmember Higginson and seconded by Councilmember Boyack to close the public hearing, waive further reading, and adopt Ordinance No. 680 by a roll call vote. Motion carried 4-0, by a roll call vote with Deputy Mayor Emery absent. 9096 Page 3 - CITY OF POWAY - October 7,2008 Public Hearings: 2. Ordinance No 679 - First Reading, Entitled "An Ordinance of the City of Poway, California, Amending Chapters 1704, 1708 and 1752 Pertaining to Accessory Buildings and Structures (lOA 08-02) " (0210-80) Patti Brindle, City Planner, provided the agenda report. This item was continued from the September 23, 2008 City Council Meeting In recent years there has been an increase in the number of requests for accessory buildings in residential zones that are not in scale with the primary residence The amendments proposed would revise the development standards for accessory buildings regarding allowable location, height and size. Lynette Perkes, spoke in opposition of the staff recommendation. Bruce Tarzy, spoke in support of the staff recommendation. Dee Fleischman, spoke in opposition of the staff recommendation. City Council Action: Motion by Councilmember Higginson, seconded by Councilmember Rexford, to take public input, close the public hearing, waive further reading and continue the public hearing for the second reading and adoption of the Ordinance to October 21, 2008. Motion carried 4-0, with Deputy Mayor Emery absent. 3 Ordinance No 681 - First Reading, Entitled. "Amending Section 12.48.250 of the Poway Municipal Code to add one Additional Property " (0910-20) Bob Manis, Development Service Director, provided the agenda report. The proposed amendment would add a property that was not included in the original boundary for Underground Utility District No 66, which was approved on July 15, 2008 There were no public speakers on this item. City Council Action: Motion by Councilmember Boyack, seconded by Councilmember Rexford, to take public input, close the public hearing, waive further reading and continue the public hearing for the second reading and adoption of the Ordinance to October 21, 2008. Motion carried 4-0, with Deputy Mayor Emery absent. 4 Development Review 08-01 and Variance 08-02; Stan Kaminski, Owner/Applicant: A request to construct a 5,913-square-foot, commercial building to replace an approximate 6,000-square-foot building destroyed by fire on a 0 61-acre lot located at 12735 Poway Road, within the Community Business zone of the Poway Road Specific Plan. The applicant is also requesting a Variance approval to allow the building to observe a zero side yard setback from the eastern property line when a 10-foot setback is required and a 15-foot front yard setback for parking when a 20- foot setback is required in the zone. (0210-70) 9097 Page 4 - CITY OF POWAY - October 7,2008 Patti Brindle, City Planner, provided the agenda report. The applicant is proposing to construct a building to replace a structure lost due to fire in 2007 The project is consistent with the Poway General Plan in that it proposes the construction of a commercial building, which is consistent with the Commercial Business land use designation. Dee Fleischman, spoke in support of the staff recommendation. Stan Kaminski, spoke regarding the grading of the parking lot and the requests that the requirement to stucco both sides of the wall adjoining the residential properties be changed to stucco on his side and paint on the residential side City Council Action: Motion by Mayor Cafagna and seconded by Councilmember Boyack, to adopt Resolution No. P-08-23, with amendments. Motion carried 4-0, with Deputy Mayor Emery absent. 5 Environmental Assessment and Hillside/Ridgeline Minor Development Review Applications (MDRA) 06-05, 06-06, and 06-09; lakhary Berezovsky, Applicant: A request for approval to construct three single-family homes on three separate lots located on the east side of the 12800 block of Gate Drive, in the Rural Residential C zone (0200-20) Lisa Mercuiro, Assistant Planner, provided the agenda report. In addition to approving the MDRA's as listed above, staff also recommends that a 10' trail easement, which is included in the road easement already in place, be approved as an amendment to the resolutions presented for Council approval. Alicia Muhr, spoke in support of the staff recommendation, asking that past drainage issues be considered. Joe St. Lucas spoke in support of the staff recommendation. City Council Action: Motion by Councilmember Rexford and seconded by Councilmember Boyack, to adopt Resolution Nos. P-08-24, P-08-25, P-08-26 with amendments Motion carried 4-0, with Deputy Mayor Emery absent. 6 Temporary Lease Agreement between the Poway Redevelopment Agency and Carmon Steven for Property Located at 14134 Sycamore Avenue (0700-10) Tina White, Director of Administrative Services, provided the agenda report. As part of an acquisition in 2003, the Redevelopment Agency acquired the property and agreed to lease back the home located on the property to Ms Steven during construction of a new home in Ramona. The tenant would like to extend the lease for one year There were no public speakers on this item. 9098 Page 5 - CITY OF POWAY - October 7,2008 City Council Action: Motion by Councilmember/Director Boyack and seconded by CouncilmemberfDirector Higginson, to close the public hearing and authorize the Executive Director to execute the lease agreement. Motion carried 4-0, with Deputy MayorNice Chair Emery absent. Staff Report: 7 Initiation of General Plan Amendment 08-03 and Specific Plan 08-01, City of Poway, Applicant: Initiation of the Brighton Housing General Plan Amendment to change the land use designation and zoning from CG to RAlAH and RS-7/AH to RAlAH, and the creation of a Specific Plan on a two-parcel four-acre site located east of Midland Road, between Edgemoor Street and Adrian Street, in the Old Powayarea. Assessor's Parcel Numbers 314-220-69 and 70 (0220-40) Bob Manis, Director of Development Services, provided the report. The proposed changes to boundaries are part of the implementation strategies of the Housing Element. The City is proposing the construction of an affordable housing project on a site located in the above mentioned area. There were no public speakers on this item. City Council Action: Motion by Councilmember Rexford and seconded by Councilmember Boyack to adopt Resolution No 08-077 Motion carried 4-0, with Deputy Mayor Emery absent. Workshop: 8 Presentation on Energy Efficiency Investments, and the City of Poway's participation in SANDAG's Sustainable Region Program. (0920-80) Dennis Quillen, Assistant Director of Public Works, presented the report. The City of Poway was selected to participate in SANDAG's Sustainable Region Program coordinated by the California Center for Sustainable Energy The report is a result of the energy audit conducted on eight City facilities. City Council Action: The Council provided staff with direction on proposed energy efficiency investments, 4-0 with Deputy Mayor Emery absent. Consent Calendar - Notice to Public Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the Consent Calendar consisting of Items 9 through 15, as submitted. Motion carried 4-0, with Deputy Mayor Emery absent. 9 Ratification of Warrant Register for the Period September 1 through September 5, 2008 and September 8 through September 12, 2008 (0475-20) 9099 Page 6 - CITY OF POWAY - October 7,2008 10 Award of Contract to Windco Painting, Inc. for Painting Services, Bid 09-003, in the amount not to exceed $15,00000 for the first year; and authorize the City Manager to execute the necessary documents. (0700-10) 11 Acceptance of the Poway Road Street Lighting Improvements Project (#5294), Bid 06-025, and (2) Authorize the City Clerk to file and record the Notice of Completion, (3) Authorize the release of the retention in the amount of $5,085 46 if unencumbered, 45 days after filing the Notice of Completion, (4) Release the Bond for Material and Labor in the amount of $62,127 00, and (5) Retain the Bond for Faithful Performance for a period of one year (0700-10) 12. Acceptance of the Traffic Safety and Calming Improvements Painted Rock School Project (CIP #1200) Bid No 08-025, and (2) Authorize the City Clerk to file and record the Notice of Completion, (3) Authorize the release of the retention in the amount of $5,948.28, if unencumbered, 45 days after filing the Notice of Completion, (4) Release the Developers Surety and Indemnity Company Bond for Material and Labor for $59,375 10, and (5) Retain the Developers Surety and Indemnity Company Bond for Faithful Performance for a period of one year (0700-10) 13 Approval of the Appropriation of $318,581 from Unappropriated General Fund Balance (Account 100-8912) and $41,419 from the Unappropriated Assessment District 86-01 Fund Balance (Account 264-8912) to establish the Espola Road Landscape Replacement Project. (0480-30) 14 Adoption of Resolution No. 08-076 Entitled, "A Resolution of the City Council of the City of Poway, California, Approving Classification Specifications." (0510-20) 15 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 (Requires a 4/5ths vote) (0320-30) Adjournment: Mayor Cafagna adjourned the meeting at 8.59 p.m. ~ ~ Sh''''y c~ Records Technician City of Poway, California 9100