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CC 1996 08-27 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR NEETIN6 AUGUST 27, 1996 The August 27, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILNEMBERS ABSENT AT ROLL CALL Susan Callery STAFF NEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Penny Riley Steve Blackwood Scott Nespor City Manager City Clerk City Attorney Assistant City Manager-Economic Develop. Director of Administrative Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Assistant to the City Manager Sheriff's Lieutenant Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Bob Burkhardt, 12843 Papago Drive, stated they have raised $1,000 for dog park lighting. He presented buttons to the City Councilmembers with their fund raising logo on it. Terri Youssi, 13438 Racquet Court, coach of the Gotta Swim Club, stated she has the newest Poway swim club and requested allocation of lanes at the Community Swim Center to practice. The coaches will be meeting with City staff on Thursday to work on the fall season lane allocations. 5893 Page 2 - CITY OF POWAY - August 27, 1996 Bill Barnick, 14745 Sunrise Canyon Road, stated he should have been notified of the construction of the flare on the former County landfill site on Espola Road. He also stated there is limited visibility for stopped cars on Espola Road at the curve near his home. Elise Housman, 14704 Kalapana, spoke regarding lane allocation at the Community pool. Mayor Higginson requested a report from Director of Community Services Thomas following the Thursday meeting with coaches and also requested Councilmember Rexford be given a copy of prior staff reports regarding the swim teams' use of the pool since she was not on the City Council when that was considered. Bill Cross, 13105 Corona Way, thanked the Maintenance Division for their prompt response to his complaint regarding erosion. Lois Fong-Sakai, 12133 Sage View Road, stated she has received notice of a community meeting regarding the proposed tattoo and body piercing shop in the shopping center at the northwest corner of Pomerado and Poway Roads. She stated she is opposed to the proposed business and requested that wider notice be given to include the tenants of the Pomerado Plaza Center and all the residents of her subdivision. (203-08, CUP 96-12) CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 4. Approval of Minutes - City Council July 30, 1996 Regular Meeting 6. Ratification of Warrant Register for period of August 5-g, 1996. (401-10) e Approval of City's Investment Report for the period ending July 31, 1996. (408-01) Issue report as required by Government Code §65858(d) regarding measures taken to relieve conditions which led to the adoption of Urgency Ordinance No. 466 prohibiting nudity and specified activities in adult business (referred from July 23, 1996, Item 6.2). (701-04 #466) Motion carried 4-0 with Councilmember Callery absent. ITEM I (1002-01) NECESSITY FOR EMINENT DOMAIN POMERADO ROAD STREET IMPROVEMENTS Item introduced by City Manager Bowersox. This item was continued from July 30, 1996 in order for staff to complete negotiations with property owners regarding 5894 Page 3 - CITY OF POWAY - August 27, 1996 acquisition of right-of-way for the Pomerado Road Street Improvement Project between Heath Drive and Monte Vista Road. Staff report by Director of Engineering Services Weston. There are three owners that staff is still working with. Two of them, Ciuffo and Zahedi, are close to agreement. The third, Gannaway, was concerned regarding the new driveway that was being proposed for the Ciuffo property that would have required additional right-of-way from the Gannaway property. Staff has redesigned the driveway so it is totally on the Ciuffo property to reduce the amount of right-of-way required from Gannaway to 70 square feet. City Attorney Eckis stated that the recommended action to adopt a Resolution of Necessity will enable them to go to condemnation if staff can't reach agreement with the property owners. Speaking in favor of staff recommendation: Larry Ciuffo, 15010 Pomerado Road, stated he has nothing in writing regarding the change in driveway design that staff is proposing. Director of Engineering Services Weston stated the old driveway will be filled in, disturbed areas will be landscaped, and proper drainage will be established. Since this was a last minute change, there are no plans drawn yet. Speaking in opposition to staff recommendation: Robert Gannaway, 15025 Heath Drive, requested a continuance, in order to continue negotiations. He stated staff is proposing paving over his private utility easement. City Attorney Eckis stated the new driveway will be on property owned in fee by Ciuffo. Gannaway has easement rights, however staff does not concur with Gannaway's assertion that this is a violation of his easement rights. Councilmember Rexford stated she had met with Mr. Gannaway, City Manager Bowersox and Director of Engineering Services Weston to try and work this out. Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public hearing, make the findings that the public interest and necessity require the proposed project; the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; the property described in the resolution is necessary for the proposed project; and the offer required by Government Code Section 7267.2 has been made to the owners of record; and adopt Resolution No. 96-094, entitled, "A Resolution finding and Determining the Necessity that Certain Property be Acquired by the City of Poway Under Eminent Domain Proceedings; Directing the City Attorney to Commence a court Action for Said Purpose, {Ciuffo, APN 314-360-27}(Gannaway, APN 314-360-29) {Zahedi, APN 314-370-27){Zahedi, APN 34-360-30}." Motion carried 4-0 with Councilmember Callery absent. 5895 Page 4 - CITY OF POWAY - August 27, 1996 ITEM 2 (602-01 #1163) AGREEMENT WITH I~AMONA MWD FOR WATER TO HIDDEN VALLEY RANCH Staff report by City Manager Bowersox. Last year we learned that the Ramona Municipal Water District and Ed Malone, owner of the Hidden Valley Ranch, had modified, with court concurrence, terms of a 1988 court decision that awarded Mr. Malone and his successor interests annual entitlement to 550 acre feet of water at no cost. The modification stipulated that in lieu of the 550 acre feet delivered at the valley floor, Ramona would deliver 300 acre feet into a pipeline constructed and owned by Mr. Malone at the surface elevation of Lake Ramona and additional water needs would be purchased from the Ramona Municipal Water District. However, California State law prohibits a water retail agency from selling water within the boundaries of another agency without the specific approval of the second agency. We have been negotiating with Ramona for the past year to reach agreement regarding their water service to a property within our City limits. The proposed agreement includes a payment to Poway by Ramona to cover our lost revenues. It also requires environmental studies of the effect on Warren Creek riparian habitat from delivering water to Mr. Malone at a location other than into the creek. The City Council held a workshop in May at the request of homeowners in the Old Coach Road who are concerned about the loss of water in their wells and their belief that it is being caused by the lack of release of water into the creek by Ramona and Mr. Malone's new wells. Council questioned various aspects of the agreement. Speaking in opposition to staff recommendation: Mike Klarfeld, Old Coach Road Tom Tremble, 18049 Old Coach Road Tom Liguori, 1555 Stage Coach Road Chris Mangum, 18111 Old Coach Road Jeff Mangum, 18111 Old Coach Road Ed Shoemaker, 17083 Old Coach Road Dr. Dennis Fetko, 18120 Old Coach Road Speakers concurred their concern is not Mr. Malone's purchase of water from Ramona, but the lack of water being released into the creek by Ramona which they equate with their wells going dry. Council asked why the property owners had not sued Ramona Municipal Water District as Mr. Malone did. Mr. Mangum replied that the injury did not occur until the agreement between RMWD and Malone was change to make deliveries through a pipeline. 5896 Page 5 - CITY OF POWAY - August 27, ]996 Speaking in favor of staff recommendation: Ed Malone, 17150 Old Coach Road, stated he protected his riparian rights when Ramona Municipal Water District built their dam and the other owners with those rights need to do the same. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:10 p.m. and called it back to order at 9:17 p.m. with all Councilmembers present except Councilmember Callery who was absent from the meeting. Council asked questions regarding Mr. Malone's water consumption from Poway and from Ramona MWD. Following discussion, motion by Councilmember Emery, seconded by Councilmember Rexford to not approve the agreement with Ramona Municipal Water District, direct staff to enter into direct negotiations with Ramona Municipal Water District to release water into the creek both to determine if it helps the residents and to protect the Blue Sky Ecological Reserve, and bring back a status report on September 24, 1996. Motion carried 4-0 with Councilmember Callery absent. ITEM 2.1 (1403-06) LANDSCAPING AT CITY ENTRANCES Staff report by City Manager Bowersox. On August 13, 1996, the City Council requested a report regarding weed abatement and landscaping adjacent to the City's western entrances. Staff prepared a report outlining the activities of the City, the Landscape Maintenance District and the City of San Diego. Council concurred to receive and file the report. ITEM 2.2 (1503-02) $3 MILLION ADVANCE FROM SANDAG Staff report by City Manager Bowersox. According to the 1996 TransNet Plan, Poway will receive approximately $10,240,000 in Prop A funding between 1996 and 2003. These funds have been committed for local street maintenance projects. Through SANDAG's debt financing program, it is possible for the City to accelerate receipt of some of its Prop A funds. Staff recommends $3 million advance funding in order to repair roads earlier. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 96-095, entitled, "Resolution of the City Council of the City of Poway, California, Requesting SANDAG to provide Advance Funding in the Amount of $3 Million in Net Bond Proceeds Through Debt Financing for Improvements on Various Poway Streets." Motion carried 4-0 with Councilmember Callery absent. 5897 Page 6 - CITY OF POWAY - August 27, ]996 PRESENTATZON BY SAN DZEGO COUNTY HATER AUTHORZTY Director of Public Services Williams introduced Maureen Stapleton, General Manager of the San Diego County Water Authority, who was present to review the draft terms of the water transfer agreement with the Imperial Irrigation District. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session pursuant to Government Code §54956.g(c) to decide whether to initiate litigation and stated he anticipated no report following the closed session. CLOSED SESSION Mayor Higginson adjourned the meeting into a closed session at 10:13 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 11:30 p.m. with all Councilmembers present except Councilmember Callery who was absent from the meeting. The meeting was adjourned on motion by Councilmember Rexford, seconded by Councilmember Cafagna. Marj~ri~K. Wahlsten, City Clerk C i ty~._~oway 5898