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.
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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
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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.
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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.
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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.
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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
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