CC 2003 11-04
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 4, 2003
The November 4, 2003 Regular Meeting of the City Council of the City of
Poway, was called to order at 7:00 p,m" by Mayor Cafagna, at the poway Community
Library - Meeting Room, 13137 Poway Road, Poway, California,
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox City Manager
Penny Riley Deputy City Manager
Steve Eckis City Attorney
Lori Anne Peoples City Clerk
Warren Shafer Director of Administrative Services
Robert Clark Director of Community Services
Niall Fritz Director of Development Services
Jim Howell Director of Public Works
Dennis Quillen Assistant Director of Public Works
Deborah Johnson Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Linda Barnett Sheriffs Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Scott Edwards Sr. Management Analyst
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance,
Mayor Cafagna and the Council expressed their sympathy and support for all of the
fire victims as well as their gratitude to the Firefighters and City staff, for their actions
during the Cedar Fire,
City Attorney Eckis requested an item (5,1) be added to the Agenda as the need to
take action arose after the posting of the Agenda, The item being a Staff Report on
the Cedar Fire property damage assessment and reconstruction efforts and a
Resolution amending the Development Service Fee Schedule Waiving Certain
Building and Planning Fees,
Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to bring the
item onto the Agenda as the need to take action arose after the posting of the Agenda.
Motion carried unanimously,
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications,
The following people were present wishing to speak:
Gail Trunnell, 13314 Neddick Avenue, thanked City staff and the firefighters for their
assistance during the fire,
John Pavin, 16155 Poway Road, requested Council assistance in changing legislation
to allow larger (300 ft,) firebreaks,
Stan Kaminski, 16340 Chaparral Way, requested Council assistance with decreasing
the required habitat conservation and allowing larger fire clearance to protect homes,
Mary Ann Altaffer, 15359 Blue Crystal Trail, requested Council assistance in
increasing the allowable firebreak width and decreasing the required habitat.
Nick Stavros, 13639 Jackrabbit Road expressed his views on the Cedar Fire,
Antoine Georges, owner of property on Dos Amigos Way, San Diego, requested the
Council take the lead in increasing the clearance allowed around rural properties to
300 feet.
CONSENT CALENDAR
Motion by Deputy Mayor Rexford, seconded by Council member Emery, to approve the
Consent Calendar as follows:
6, Ratification of Warrant Registers for the period of October 6-10,2003,(0475-20)
7, Approval of Minutes - City Council
October 14, 2003 - Regular Meeting
9, Adoption of Resolution No, 03-085 - Approving and Authorizing Deposit of
Monies on Behalf of the City of Poway in the Local Agency Investment Fund,
(0450-40)
11, Award of Moving Services Contract for City of Poway Office Building to
Republic Van Lines in the amount of $28,749, (0700-10)
12, Adoption of Resolution No, P-03-69 - Approving a Modification to
Comprehensive Sign Program 01-01 (M)1, Assessor's Parcel Numbers 323-
090-95, 96, 97 and 98, Ron Bethurum, HM Electronics, Inc" (Legacy Stowe
Business Center) Applicant. (0280-20)
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13. Adoption of Resolution No, 03-086 - Recognizing and Commending Eagle
Scout David James Sweig, (0710-40)
Motion carried unanimously,
ITEM 1 (0210-70/0200-25)
ENVIRONMENTAL ASSESSMENT
VARIANCE 03-04
MINOR DEVELOPMENT REVIEW 03-44
VARIANCE 03-14
MINOR DEVELOPMENT REVIEW 03-45
HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 03-46
BRUCE AND JENNIFER BOWMAN, APPLICANTS
Mayor Cafagna opened the public hearing, Councilmember Emery stated he would
be abstaining from participation in this item as he lives within 500 feet of the proposed
project. Introduction by City Manager Bowersox, This item was continued from
October 21, 2003, Item #3 and October 28, 2003, Item #1A Staff report by
Development Services Director Fritz, This is a request to construct three single-family
residences on Parcel 1, Parcel 2 and Parcel 3 of Parcel Map 10313 located at the
southerly terminus of Golden Sunset Court, The application also includes a request
for a Variance approval to allow the proposed residences on Parcel 1 and 2 to
encroach into the required 40-foot front yard setback, APNs: 321-220-08, 09 and 10,
The following person was present wishing to speak:
Dee Fleischman, 14428 Midland Road, expressed her views that the photo
simulations of the placement of the homes was not accurate and requested a
continuance,
Motion by Deputy Mayor Rexford, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution Nos, P-03-70, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Variance 03-04 and MDRA
03-44 Assessor's Parcel Number 321-220-08," P-03-71 , entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Variance 03-24 and MDDRA
03-45 Assessor's Parcel Number 321-220-09," and P-03-72 , entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Hillside/Ridgeline MDRA
03-46 Assessor's Parcel Number 321-220-10," Motion carried 4-0 with
Councilmember Emery abstaining.
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ITEM 2 (0740-20 #589)
ORDINANCE NO, 589/SECOND READING
ADDING CHAPTER 15,30
POWAY MUNICIPAL CODE
PREQUALIFICATION AND DEBARMENT
CONTRACTORS AND BIDDERS
Mayor Cafagna opened the public hearing and read the title of Ordinance No, 589,
"An Ordinance of the City of Poway, California, Adding Chapter 15,30 to the Poway
Municipal Code Concerning Prequalification and Debarment of Contractors and
Bidders," The first reading was held on October 21, 2003, Item #1, Councilmember
Goldby and Mayor Cafagna noted that they were absent at first reading but had
reviewed the item and were prepared to vote,
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Rexford, to waive
further reading (unanimous vote), close the public hearing, and adopt Ordinance No,
589, Motion carried unanimously on a roll call vote,
ITEM 3 (0740-20 #590)
ORDINANCE NO, 590/SECOND READING
AMENDING CHAPTER 9,56
POWAY MUNICIPAL CODE
GRAFFITI
Mayor Cafagna opened the public hearing and read the title of Ordinance No, 590,
"An Ordinance of the City of Poway, California, Amending Chapter 9.56 of the poway
Municipal Code Pertaining to Graffiti." This item was first read on October 21, 2003,
Item #2, Councilmember Goldby and Mayor Cafagna noted that they were absent at
first reading but had reviewed the item and were prepared to vote,
There was no one present wishing to speak.
Motion by Deputy Mayor Rexford, seconded by Councilmember Higginson, waive
further reading (unanimous vote), close the public hearing and adopt Ordinance No,
590, Motion carried unanimously on a roll call vote,
ITEM4 (0210-70)
VARIANCE 03-15
APPLICANT: RZK REAL ESTATE AND DEVELOPMENT
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Mayor Cafagna opened the public hearing, Staff report by City Manager Bowersox,
This is a request to allow a maximum 12-foot-high fence along the rear property line
for three existing single-family residences where a maximum 8-foot-high fence is
allowed at 13904, 13920 and 13934 Chancellor Way, The rear property line is
adjacent to a commercial property, APNs: 323-262-39, 40 and 41.
There was no one present wishing to speak,
Motion by Deputy Mayor Rexford, seconded by Council member Emery, to close the
public hearing and adopt Planning Resolution No, P-03-74, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Variance 03-15 Assessor's
Parcel Numbers 323-262-39, 40 and 41," Motion carried unanimously,
ITEM 5 (0330-90)
ENVIRONMENTAL ASSESSMENT
13558 AUBREY STREET
APPLICANT: DAVID KNOTT
Mayor Cafagna opened the public hearing, Staff report by City Manager Bowersox,
This is a request for the purchase, moving expenses, demolition, and other costs
associated with the acquisition of property located at 13558 Aubrey Street, APN: 314-
182-21,
There was no one present wishing to speak,
Motion by Deputy Mayor Rexford, seconded by Mayor Cafagna, to close the public
hearing, adopt Negative Declaration, adopt Planning Resolution No, P-03-75, entitled,
"A Resolution of the City Council of the City of Poway, California Approving
Environmental Assessment 03-09 Acquisition of 13558 Aubrey Street Assessor's
Parcel Number 314-182-21," authorizing the expenditure of appropriated 2001 TABs
Funds for the purchase and authorizing the City Manager/Executive Director to
execute all necessary documents, Motion carried unanimously,
ITEM 5,1 (0320-03)
CEDAR FIRE PROPERTY DAMAGE ASSESSMENT REPORT
Introduction of staff report by City Manager Bowersox, This report reviews information
regarding damage resulting from the Cedar Fire, as well as reconstruction and
assistance efforts in which the City is actively engaged,
Development Services Director Fritz provided the assessment of private and public
property damage, the reconstruction process including erosion control and an
overview of the permit process with recommendations for streamlining, Additional
recommendations included a waiver of planning and building permit fees for replacing
structures, evaluation of current codes with regard to fire protection, a one-time credit
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for water use during the Cedar Fire, a waiver of Transient Occupancy Taxes (TOT) for
victims, the establishment of the Poway City Assists Rebuilding Effort (CARE) team
and a Fire Relief Fund,
Mayor Cafagna introduced Mark Wozmak, President of the Rotary Club of Poway,
who introduced Club Treasurer, Norm Rau and member Marilee Boyack, The Rotary
Club has established a "Fire Relief Fund" for the Poway victims,
They will be managing/administering the funds and have established an Operating
Committee to oversee the fund and allocations to the fire victims, Scott Edwards,
Senior Management Analyst, has been appointed to the Committee as the City of
Poway's representative, All proceeds/contributions will remain in Poway for providing
immediate relief and for meeting the urgent needs of those Poway residents who have
been displaced from their homes, The fund has been opened with the California Bank
& Trust and is scheduled to sunset on January 31, 2004,
Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to adopt
Resolution No, 03-087, entitled, "A Resolution of the City Council of the City of Poway,
California, Amending the Development Services Department Fee Structure Waiving
Certain Fees Pertaining to the Rebuilding of Structures Damaged or Destroyed in the
Cedar Fire of October 26, 2003 and October 27, 2003," authorizing the City Manager
to not collect TOT for occupancy of people displaced due to the Declared Emergency,
and approving a contribution of up to a $25,000 match of funds with $16,000 to be
immediately released from the General Fund to the Rotary Club of Poway's "Fire
Relief Fund," Motion carried unanimously,
CITY MANAGER ITEMS
14, City Manager Bowersox did not provide a State Budget Update, (0150-50)
14,1 The Report of Expenditures for the period of October 26-November 4, 2003,
made under authority of Resolution 03-084 adopted on October 28, 2003 was
received and filed with no objections as filed, (0320-30)
CITY ATTORNEY ITEMS
15, City Attorney Eckis stated how proud he was to work in the City of Poway with
such a caring City staff and community who have stepped up to the plate to
assist with the aftermath of the recent fires,
MAYOR AND CITY COUNCil-INITIATED ITEMS
All Councilmembers and the Mayor expressed appreciation to Penny Riley who was
Acting City Manager at the time of the Cedar Fire in Poway, City staff, Sheriff and Fire
Department crews and all the residents who assisted each other.
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20. Mayor Cafagna did not provide a Regional Governance update. (0150-20)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:05 p,m, upon motion by Councilmember
Emery, seconded by Deputy Mayor Rexford, Motion carried unanimously,
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