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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. 6010 Page 2 - CITY OF POWAY - February 18, 1997 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 6011 Page 3 - CITY OF POWAY - February 18, 1997 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. 6012 Page 4 - CITY OF POWAY - February 18, 1997 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. 6013 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 6014