CC 1997 02-18 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 18, 1997
The February 18, 1997, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMENBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
John Falconer
Steve Streeter
Patrick Foley
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Principal Planner
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mary Tietz of Cox Communications gave a presentation regarding their existing
infrastructure with completed coaxial plant upgrade of 184 miles and future plans
for digital video and high speed cable modems.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Joye Davisson, 13733 Celestial Road, representing the Friends of the
Library, asked about fund raising efforts for the library and if a committee has
been appointed.
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CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
Approval of Minutes - City Council
January 21, 1997, Regular Meeting
Ratification of Warrant Register for period of January 27 - 31, lgg7
(401-10)
Authorize the Acquisition of Tax Defaulted Parcels: APN 314-032-01
($5,250) located in the hills above Rancho Arbolitos on the south side of
Twin Peaks Mountain; 316-02-21, 316-020-04, 316-020-05, ($26,125) all
three parcels located above Poway Portals. {1002-01)
9. Denial of claim against the City: Davida Baumann.
(704-13)
Motion carried unanimously.
ITEM 1 (705-16)
WATER STUDY FOR OLD COACH ROAD
Staff report by Director of Engineering Services Weston. In September of lggs,
the residents of Old Coach Road neighborhood along Thompson Creek began
experiencing problems with their water wells. The source of the decline has yet
to be determined and although they are hopeful they will determine the reason,
they desire to seek other possible solutions to assure permanent water supply.
Staff has received a proposal from Berryman & Henigar to prepare the preliminary
engineering study and assessment district feasibility study for this project.
The study will include about 50 parcels and will cost $25,000.
Speaking in favor of staff recommendation:
Jeff Mangum, 18111 Old Coach Road, stated he will support this only if no
link is made between this item and item number two on this agenda, the agreement
with Ramona Municipal Water District for the sale of water to Ed Malone.
Following discussion, Council concurred to trail this item until after Item 2.
ITEM 2 (602-01 #1163)
AGREEMENT WITH I~AMONA MWD REGARDING
SALE OF WATER TO HIDDEN VALLEY I~ANCH
Staff report by City Manager Bowersox. Ed Malone sued Ramona Municipal Water
District for blocking his watershed with the Ramona Dam and was awarded an
entitlement of 550 acre feet of water annually from Ramona to be released into
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Warren Creek. That was modified for delivery of 300 acre feet into a pipeline
at the surface elevation of Lake Ramona with additional water needs purchased
from Ramona. Since his property is in the City of Poway, state law requires an
agreement between Ramona and Poway for this water service. A proposed agreement
was considered at the August 27, 1996 meeting and continued in order to consider
groundwater concerns of the residents in the Old Coach Road area. Councilmembers
Cafagna and Rexford were appointed a subcommittee to meet with a subcommittee of
the Ramona Municipal Water District and a meeting was hold on October 30, 1996.
The Ramona subcommittee has been disbanded and the District has stated they do
not want to do a hydrological study because of the cost. Staff is recommending
approval of the agreement with the District because it enables the City to
recover revenues anticipated to be lost by Poway if Ramona sells water to Hidden
Valley Ranch.
Speaking in opposition to staff recommendation:
Chris Mangum, 18111 Old Coach Road, stated she was representing Ed
Shoemaker who has filed a complaint with the State Water Resources Board because
of his riparian water rights and is expecting a ruling soon. He urges the City
Council to not approve the agreement.
Jeff Mangum, 18111 Old Coach Road, requested the City Council not approve
the agreement and suggested the City also file a complaint with the State Water
Resources Board and file a lawsuit to enforce the City's rights.
City Attorney Eckis stated he has held closed sessions with the Council regarding
initiating litigation with Ramona MWD, however the Council's instructions have
been to pursue the settlement agreement.
Peggy Westall, 18111 Old Coach Road.
Robert Myers, 18028 Old Coach Road.
Speaking in favor of staff recommendation:
Ed Malone, 17150 Old Coach Road, distributed a copy of the letter from Mr.
Mangum which stated their experts were not able to gain access to Mr. Malone's
property, and a copy of a letter from his attorney to Mr. Mangum regarding the
shortness of the notice given and the rain falling during their test period.
Council discussed filing a complaint with the State and Mayor Higginson stated
a closed session should be held to discuss that.
Motion by Councilmember Emery, seconded by Councilmember Rexford to remove this
item from the calendar until the property owners have received their hydrology
report and the Water Resources Control Board has made their findings in Mr.
Shoemaker's complaint against Ramona. Motion carried unanimously. Staff was
directed to check to see if the water releases required by the State Fish & Game
Department are being made.
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ITEM ! 705-16)
WATER STUDY FOR OLD COACH ROAD
Motion by Councilmember Cafagna, seconded by Mayor Higginson to appropriate
$25,000 from the water fund to prepare engineering and assessment district
feasibility studies to be recovered from a future assessment district should it
be enacted. Motion carried unanimously.
ITEM 3 (1207-01)
POWAY TROLLEY OPEI~ATIONS
Staff report by City Manager Bowersox. Ridership of the Poway Trolley from
November 2, 1996 through January 26, lg97 averages 100 passengers per week-end.
Councilmember Rexford expressed appreciation to Senior Management Analyst Foley
for his work in getting the trolley service up and running.
Richard Ludwig, 12720 Metate Lane, asked why the trolley route was not extended
to the Target Center, and stated our trolley was seen in Fallbrook and on Miramar
Road and asked why it was out of Poway.
Councilmembers stated there is another trolley service that uses the same colors
as our trolley and asked staff to look at service to Target.
ITEM 4 (209-00)
POWAY ROAD OF CARS KIOSK PROGRAM
Councilmember Goldby stated he would be disqualifying himself from this item
because of a financial conflict of interest under the Political Reform Act.
Staff report by City Manager Bowersox. The Poway automobile dealers have
requested that the City Council approve the installation of nine kiosks to be
placed at entrances to the City and at the intersection of Community Road and
Scripps Poway Parkway. Further, they request the City pay for the kiosk frame
and they will pay for the individual signs.
Richard Ludwig, 12720 Metate Lane, stated the automobile dealers should be
responsible for their own advertising and it would be precedent setting for the
City to fund the kiosk.
Councilmember Emery stated he is opposed to the expenditure of City funds.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to approve the auto
dealers' request for the City to expend approximately $17,000 to install nine
kiosk frames for their use. Motion carried 3-1 with Councilmember Emery voting
~no" and Councilmember Goldby abstaining.
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Page $ - CITY OF POWAY - February 18, 1997
MAYOR AND CXTY COUNCIL-ZNITIATED ITEMS
13. Councilmember Emery stated he had nothing to report regarding MTDB.
15.
Councilmember Rexford stated she wants to be on record as voting 'no" on
Item 2, appointment of Councilmember Cafagna to serve on the Palomar
College subcommittee, from the February 11, 1997 agenda. She did not vote
orally and was recorded as an 'aye" vote. There was no objection to it
being changed to
A&)~OURNMENT
Mayor Higginson adjourned the meeting at 9:15 p.m.
Marjo~i?~K. Wahlsten, City Clerk
City ~oway
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