CC 2007 11-13
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
NOVEMBER 13, 2007
The November 13, 2007, Regular Meeting of the City Council of the City of Poway was
called to order at 7:03 p.m. by Mayor Cafagna at the Poway City Council Chambers,
13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Diane Shea City Clerk
Patti Brindle Interim Director of Development Services
Dena Fuentes Director of Redevelopment Services
Kevin Haupt Director of Public Works
Tina White Director of Administrative Services
Mark Sanchez Director of Safety Services
Kevin Kitch Division Chief, Safety Services
Dennis Yoshonis Sheriff's Lieutenant
Frank Casteleneto City Engineer
Jennifer Lewis Sr. Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review. Councilmember Emery gave a review of the
Waffle House restaurant in Ashville, North Carolina.
. Councilmember Rexford spoke on the community events she. attended this past week;
expressed concern for the animals displaced during the fires; and viewed the burned
areas of the City with Safety Services personnel, suggesting the 100 foot buffer zone
be reviewed.
. Deputy Mayor Boyack spoke on the fire relief efforts for those affected by the fires in
Poway and surrounding areas.
PRESENT A TIONS
. Presentation of Proclamation to Kris Hedges, Palomar Pomerado Health
Director of Diabetes Health declaring November as National Diabetes Month.
Mayor Cafagna presented the proclamation.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications noting that
State law may prohibit the City Council from taking action on items not on the agenda, and
items will be referred to staff. The following people spoke:
William Barnick, Poway, opposed increase in water rates.
Sue Mohler, Poway, said she was concerned with the lack offire department protection in
the High Valley area during the Witch Creek Fire.
PUBLIC HEARINGS
1. Public Hearing on Proposed Water, Sewer and Stormwater Rates and the
Introduction of Ordinances:
A. Ordinance No. 665 - First Reading, entitled: "An Ordinance of the City
of Poway, California, Amending Section 13.11.010 of the Poway
Municipal Code, Schedule of Water Service Charges and Establishing
Water Rates;"
B. Ordinance No. 666 - First Reading, entitled: "An Ordinance of the City
of Poway, California, Amending Section 13.03.010 of the Poway
Municipal Code, Schedule of Sewer Service Charges and Establishing
Sewer Rates;" and,
C. Ordinance No. 667 ~ First Reading, entitled: "An Ordinance of the City
of Poway, California, Adding Chapter 13.25 to the Poway Municipal
Code, Establishing Stormwater Program Charges."
(0490-15)
Tina White, Director of Administrative Services, presented the staff report. Rate
increases are proposed for the next three years for providing water, sewer, and
stormwater services to the City's customers and property owners. The increases
are necessary to cover the escalating costs of providing these services to our
customers. The proposed rates were calculated based on studies conducted by the
City from March to August 2007, and reflect the City's cost of providing these
services. Factors contributing to the increases include outside costs, compliance
with safe drinking water regulations, Regional Water Quality Control Board's clean
water discharge regulations, and improvements to the City's water and sewer
infrastructure.
City Attorney Usa Foster explained the process undertaken in providing public
notice in compliance with the Government Code.and the Proposition 218 provisions
Approximately 35,000 notices providing an explanation of the rate changes were
mailed to water, sewer and stormwater customers and property owners.
Marilyn Stevenson, Poway, opposed the rate calculations and increases saying
most of her water usage is for agricultural use which does not enter the sewer
system.
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Mike Fry, Poway, objected to the sewer fees calculation stating they were
inaccurate and requested an analysis of the calculations.
The City Clerk announced 20 protests were received on the proposed waterlsewer
rates and the proposed stormwater fees. Neither constitutes a majority protest.
Motion by Council member Higginson and seconded by Councilmember Rexford to
waive further reading or the ordinances, continue the public hearing to November
27, 2007 for second reading and adoption of the 3 ordinances. Motion carried
unanimously.
2. Ordinance No. 668 - First Reading, entitled: "An Ordinance of the City of Poway,
California, Rescinding Chapters 15.04, 15.08, 15.12, and 15.16 of the Poway
Municipal Code and Adopting New Chapters 15.04,15.08,15.12,15.16 and 15.18
Regarding the 2007 California Building Standards, which Incorporates the
International Building Code, 2006 Edition, the National Electric Code, 2005
Edition, the Uniform Plumbing Code, 2006 Edition, the Uniform Mechanical Code,
2006 Edition, and the 2007 California Energy Code." (0810-90)
Patti Brindle, Interim Development Services Director, provided the staff report. On
October 8, 2002, the City Council adopted the 2001 California Building Standards
Code. The Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code
and the National Electrical Code are the basis of the California Building Standards
Code. These codes have been replaced by the 2007 Edition of the California Building
Standards Code and will be enforced based on State mandates beginning January 1,
2008. The purpose of this Ordinance is to update the Poway Municipal Code to the
current 2007 Edition of the California Building Standards Code.
Dee Fleischman, Poway, asked for clarification on language on roofing.
Motion by Councilmember Higginson and seconded by Deputy Mayor Boyack to waive
further reading, continue the public hearing to November 27,2007, for second reading
and adoption of the ordinance. Motion carried unanimously.
3. Ordinance No. 669 - First Reading, entitled: "An Ordinance of the City of Poway,
California, Adding Chapter 15.05 to the Poway Municipal Code, Regarding the
Poway Urban-Wildland Interface Code, which Adopts by Reference the
International Urban-Wildland Interface Code, 2006 Edition, with Certain
Amendments, Additions and Deletions." (0810-90)
Kevin Kitch, Safety Services Division Chief, provided the staff report. The State of
California recently adopted the 2006 edition of the International Wildland Urban
Interface (WUI) Building Code. This Code will become effective statewide on January
1, 2008. As part of new State building standards, every jurisdiction in California with
wildland interface areas will be required to enforce the new requirements. The
establishment of a standard statewide building code requires structures in interface
areas to be less easily ignited by wildland fires through a comprehensive approach
using building construction methods and materials, applying defensible space
principals, and providing for vegetative fuel management practices.
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Adoption of State standards with local amendments will provide the City of Poway with
the ability to implement the revisions necessary to provide fire protection consistent
with the community's ability to prevent, respond, or mitigate fire, building or safety
hazards. Local adoption is necessary in order to amend the model code to reflect
particular challenges unique to our region's climate, topography, and geology. The
effective date of ordinance is January 1, 2008.
Dee Fleischman, Poway, spoke of concerns on setbacks and exceptions for historical
buildings.
Motion by Councilmember Emery and seconded by Councilmember Higginson to waive
further reading; continue the public hearing to November 27, 2007 for second reading
and adoption of Ordinance No. 669; and further, directed staff to have discussions with
federal and state wildlife agencies to try to obtain additional flexibility for clearing
vegetation for fire prevention purposes with other agencies, including SANDAG.
Motion carried 4-1 with Councilmember Rexford voting "No."
STAFF REPORTS
4. Ordinance No. 670 - First Reading, entitled: "An Ordinance of the City of Poway,
California, Rescinding Chapter 15;24 of the Poway Municipal Code and Adopting
a New Chapter 15.24 Regarding the Poway Fire Code, Which Adopts by
Reference the California Fire Code, 2007 Edition, and International Fire Code,
2006 Edition, with Certain Amendments, Additions and Deletions." (0810-90)
Kevin Kitch, Safety Services Division Chief, presented the staff report. The Poway
Municipal Code (PMC) adopts by reference the California Fire Code with amendments
that address the City's specific needs based upon our unique climate, topography and
geology. The State of California recently finished adopting their amendments to the
2006 International Fire and Building Codes. These finalized codes were published in
July 1, 2007 and will become effective statewide on January 1, 2008. The proposed
amendments update the PMC to more accurately reflect the City's current practice in
fire code application. Local amendments cannot be less stringent than the State
provides. This ordinance will become effective January 1, 2008.
Dee Fleischman, Poway, asked for clarification on disposal of coals and greenwaste.
Motion by Councilmember Higginson and seconded by Deputy Mayor Boyack to waive
further reading of the ordinance, and continue the public hearing to November 27,
2007, for second reading and adoption of the ordinance. Motion carried unanimously,
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CONSENT CALENDAR
Motion by Deputy Mayor Boyack and seconded Councilmember Emery to approve the
Consent Calendar, items 5, 6, 8, 9, and 10 as submitted. Motion carried unanimously.
5. Ratification of Warrant Register for the period of October 15 - 19, 2007. (0475-20)
6. Approval of Minutes - City Council
October 16, 2007 Regular Meeting
October 25, 2007 Special Meeting
8. Approval of City's Investment Report as of September 30,2007. (0450-80)
9. Approval of a Consultant Agreement with Southern California Soil & Testing,
Inc., for As-Needed Geotechnical, and Soils and Materials Testing for the period
of November 13, 2007 through November 13, 2008. (0700-10)
10. Report of emergency repair expenditures, pertaining to the Witch Creek Fire
made under authority of Resolution No. 07-079, adopted on October 25, 2007.
(0320-30)
MAYOR AND CITY COUNCIL -INITIATED ITEMS
15. Councilmember Rexford stated concern with mistletoe growing in trees in Old Poway
Park and ask staff to make sure it is not injurious to the trees.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:03 p.m.
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L. Diane Shea, City Clerk
City of Poway, California
8961