CC 1996 02-06 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 6, 1996
The February 6, 1996, regular meeting of the City Council of the City of
Poway, was called to order at 7:04 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF gEgBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Steve Streeter
Alan Fulmer
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Webelows Pack 654, Den 3, led the Pledge of Allegiance.
PUBLIC ORAL COHNUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Bill Barnick, 14645 Sunrise Canyon Road, stated he needs an answer to his
complaints and reminded the City Council of the oaths they took and the Customer
Bill of Rights.
Lisa Lucidi, 13260 Glen Circle, stated she is opposed to the proposed
second unit ordinance that is on next week's agenda for second reading. Since
there have been only five applications in recent years, she asked what problem
the Council is trying to address.
Ernie Stevenson, 14525 Millards Road, also stated opposition to the second
unit ordinance since no one will be able to apply for a second unit if it is
adopted as proposed.
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John Pavin, 13319 Stone Canyon Road, stated adoption of the second unit
ordinance would place a moratorium on second units and he wants to build one for
his mother.
Mary Ann Altaffer, 15359 Blue Crystal Trail, requested a workshop to
discuss the second unit ordinance prior to its being adopted.
Vicki Campbell, 12596 Oak Knoll Road, field representative for Assemblyman
Jan Goldsmith, gave a legislative update.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
e
e
e
10.
11.
12.
Approval of Minutes - City Council
December 19, lg95 - Regular Meeting
December 26, 1995 - Canceled Meeting
January 2, 1996 - Canceled Meeting
Ratification of Warrant Register for period of January 15-19, 1996.
(401-10)
Acceptance of Public Improvements and Release of Securities for Indian
Peak Trail Improvements located west of Budwin Lane, DWHLS, Robert
Lamagno, developer. {602-01 #1072)
Approval of Agreement between California Department of Fish and Game and
City of Poway for Interpretive Services at Blue Sky Ecological Reserves.
(602-01 #1006)
Adoption of Resolution No. 96-007, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a Time Restricted
No Stopping, Standing, or Parking Zone on Meadowbrook Lane", the south side
from Eisenhower Lane easterly 200 feet from 2:00 p.m. to 3:00 p.m. on
school days. {1163-01}
Adoption of Resolution No. 96-008, entitled, "A Resolution of the City
Council of the City of Poway, California Rescinding Resolution 91-125
Establishing Time Limited Loading Zones on the South Side of Ninth Street,"
due to completion of new parking lot at Pomerado Elementary School.
(1163-01)
Approval of cooperative agreement with CalTrans for construction of a
portion of Scripps Poway Parkway at intersection with Highway 67.
(602-01 #1126)
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13.
Adoption of Resolution No. 96-009, entitled, "A Resolution of the City
Council of the City of Poway, California Appointing James R. Williams as
its Representative to the Board of Directors of San Diego County Water
Authority." (1503-03)
13.1
Confirmation of Community Contribution in the amount of $150.00 for the
Third Annual Twin Peaks 8th Grade Basketball Tournament held February 2-3,
1996. (1180-05)
13.2'
Approval of the following positions on pending legislation: oppose AB 2084
which authorizes a county board of supervisors to modify its contract with
the Board of Equalization to provide that sales tax revenue be diverted
from the local transportation fund to the county general fund; and oppose
AB 638 which would usurp local control over county concealed weapon
permits. (701-11)
Motion carried unanimously.
ITEM 3.1 (701-04)
ORDINANCE NO. 455/SECOND READING
JUVENILE LOITERING DURING SCHOOL HOURS
Mayor Higginson read the title of Ordinance No. 455, "An Ordinance of the City
of Poway, California, Adding Chapter 9.26 to the Poway Municipal Code to
Establish a Citation System for Juveniles, Juvenile Loitering and Curfew
Violations, and Cost Recovery."
City Manager Bowersox stated that we have received letters in favor of this
ordinance from a board member of the Lemon Grove School District, a board member
of the San Diego Community College District; the San Diego County Office of
Education; County Sheriff Bill Kolender; a member of the E1 Cajon City Council;
and the City of Adelanto who currently has a similar ordinance in place. Letters
of opposition have been received from the Private School Advocacy Center, the
United States Justice Foundation; and several residents. Staff recommends
adoption.
Speaking in opposition to staff recommendation:
Sarah Joy Peck, 16718 Avenida Florencia, Poway High School student
Michael Nagano, 13760 Tobiasson Road, asked about the points raised by the
Private School Advocacy Center
Leona Chaffin, 13918 Tobiasson
Luke Kordela, 13832 Wayland Grove Court, Poway High School student, stated
PHS is hiring a probation officer to deal with the problem and this ordinance is
not needed.
Davis Sterling, 13118 Dana Vista, stated the American Civil Liberties Union
will sue the City if this Ordinance is adopted.
Jan Behrhorst, 14924 Crocker Road, Poway High School teacher, stated there
is not a problem and this Ordinance is not needed.
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Rosalind Orner, 12910 Lomas Vrdes Drive
Sharon Cooper, 12127 Ragweed St., San Diego, stated the existing truancy
laws are sufficient.
Sudie Weisman, 15293 Maturin Drive #94, San Diego, presented a copy of
Ramona High School's attendance policy
Richard Ludwig, 12720 Metate Lane
Aurora Bishop, 13904 Hibiscus Avenue
Speaking in favor of staff recommendation:
Linda Oravec, 13874 Midland Road, Executive Director of ADAPT, stated PUSD
is currently working with 600 families of chronic truants; there are 320 students
on probation, 217 of which live in Poway.
Mike Mercurio, Sheriff's gang detective assigned to Poway, 12935 Pomerado
Road.
Councilmember Cafagna asked Deputy Mercurio what this ordinance would do that
can't be done at the present time. Deputy Mercurio stated that the School
Attendance Review Board is currently the only forum for dealing with students
picked up for loitering during school time. This ordinance would enable use of
the juvenile traffic court. It gives them an enforcement tool.
Following public testimony, City Attorney Eckis recommended that the word
"public" be added to Section 9.26.030, "any unsupervised public place..."
Motion by Councilmember Emery, seconded by Mayor Higginson to close the public
hearing, waive further reading and adopt Ordinance No. 455, as amended by the
City Attorney. Motion carried unanimously on a roll call vote.
ITEM 4 (203-01)
TENTATIVE TRACT MAP 86-01(RA2)
APPLICANT: HUNTINGTON GATE INVESTMENT CORP.
Mayor Higginson opened the public hearing. Councilmember Cafagna stated he was
disqualifying himself due to a potential conflict of interest and left the room.
Staff report by Director of Planning Services Wright-Quastler. This a request
to amend the resolution of approval for Phase 2 of Huntington Gate to eliminate
pad elevation restrictions required on the approved tentative map for 13 lots.
Staff is recommending that the pad elevations be governed by a fixed maximum
elevation, but could be lower, if desired. For three lots, they are
significantly higher than currently approved; however, staff believes they were
erroneously designated initially.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and adopt Planning Resolution No. P-96-04, entitled, "A Resolution of the
City Council of the City of Poway, California Modifying Tentative Tract Map 86-01
(RA2), Second Resolution Amendment, Phase 2, Assessor's Parcel Numbers 321-410-01
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through 38." Motion carried 4-0 with Councilmember Cafagna disqualified.
CITY ATTORNEY ITEHS
15A.
15B&C.
City Attorney Eckis stated that the case, Smith v. All Persons,
Superior Court Case No. 667691, has been dismissed at the request of
the 2 appellants on the same terms as the original settlement.
City Attorney Eckis stated the other two closed sessions he had
requested can be removed from calendar.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:55 p.m on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
Wahlsten, City Clerk
City of Poway
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