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CC 1998 02-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 3, 1998 The February 3, 1998, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLLCALL Bob Emery, Jay Goldby, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLLCALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Lori Peoples Steve Eckis Peggy Stewart Bob Thomas Randy Williams Warren Shafer Mark Sanchez John Falconer Penny Riley City Manager Assistant City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Assistant to the City Manager PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. PRESENTATIONS A) Mayor Higginson presented employee service awards to James E. Cain, Technical Assistant to the Director of Public Services, 25 years; Robert L. Thomas, Director of Community Services, 10 years. 6287 Page 2 - CITY OF POWAY - February 3, 1998 CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the Consent Calendar as follows: 2. Ratification of Warrant Register for period of January 12-16, 1998.(401-10) Approval of City's Investment Report for period ending December 31, 1997. (408-01 ) Approval of Minutes - City Council: January 6, 1998 Regular Meeting January 8, 1998 Adjourned Regular Meeting January 13, 1998 - Regular Meeting Acceptance of the Construction of Lake Poway Restroom Facilities (1681/5629) and FFA Facility Improvements (1643) from the Wright Company. (602-01 #1183) Acceptance of Public Improvements and Release of Securities for Waterline Improvement Plans #810-01-316 from HNR Framing, Inc. (CUP 95-09). (203-08) Acceptance of Quarterly Status Report for Illegal Encampment Activities for Last Quarter of 1997. (704-10) 8.1 Approval of positions on pending legislation: oppose AB 1614; support AB 726; support SB 1059; oppose AB 801; support AB 168; support AB 585, and oppose proposal to phase out Vehicle License Fees. (701-11 ) Motion carried 4-0. Cafagna absent. ITEM 1 (602-01 #1163) AGREEMENT WITH RAMONA MWD REGARDING SALE OF WATER TO HIDDEN VALLEY RANCH Mayor Higginson opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Public Services Williams. At the January 8, 1998 Workshop, Council concurred that it would be in the City's best interest to enter into an agreement with the RMWD with regards to their sale of water to Mr. Ed Malone for his Hidden Valley Ranch Property. Council also asked staff to determine if and what further study and expense would be necessary to provide definitive conclusions regarding the impact upon Old Coach Road residential wells and other ground water considerations in the area of this and other actions pertaining to surface run-off or other surface releases of water. 6288 Page 3 - CITY OF POWAY - February 3, 1998 The City's Consulting Engineer, Mr. Bevier, of Group Delta provided a proposal and cost estimate of between $106,000 and $184,000. He could not guarantee that such a study would provide proof positive of bedrock fracture inter-connectivity of all wells in the Old Coach Road area. Director Williams stated that he and Engineering Services Director Weston met with the Old Coach residents and all concurred that further studies would not be appropriate. City Attorney Eckis requested several revisions to the proposed agreement with RMWD as follows: changing the date the agreement was entered into back to August 28, 1996 and the addition of language to Exhibit "B", the Mutual Release of All Claims. Ed Malone, 17150 Old Coach Rd., provided amended language to be included in paragraph 3f of page 2 of the agreement to require RMWD to compensate Poway in accordance with 3c of the agreement should they sell or deliver more than 550 acre-feet of water to the Malone Property in any calendar year. Mr. Jeff Mangum, 18111 Old Coach Rd., representing the Old Coach Steering Committee, stated that if the Council approved the agreement, the Committee was concerned with the extent of control over the study RMWD has, and suggested the study include consideration of ground water and EIR impact. City Attorney Eckis suggested the addition of language proposed by Mr. Malone which would benefit RMWD in exchange for RMWD reimbursing the City retroactive to 1996 and 1997. Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt the amended staff recommendation with revision to add the addendum provided by Mr. Malone to paragraph 3f on page 2 which benefits RMWD and in exchange, request payment to the City for water they had delivered to Mr. Malone during the 1996 and 1997 calendar years. Motion carried 4-0. Cafagna absent. CITY ATTORNEY ITEMS 10. City Attorney Eckis requested a closed session for significant exposure to litigation pursuant to Govemment Code Section 54956.9(b)(3); number of potential cases - one; the subject is the proposed oil divorcement item. No special findings need to be made and no report out is expected. 6289 Page 4 - CITY OF POWAY - February 3, 1998 MAYOR AND CITY COUNCIL-INITIATED ITEMS 12A. Councilmember Emery stated that the Mayor had already responded to the legislature urging them not to rescind the smoking ban in bars. 12B. Councilmember Emery requested staff provide a status report on the Gateway Senior Housing Project and its status as Iow and moderate housing. Redevelopment Agency Director Warren Sharer provided a brief verbal update and stated he would provide a written report in the future. 13. Councilmember Goldby stated he had read that the youth commissions in San Diego who act in advisory capacity to the Council on youth related issues, were meeting in North County at the end of the month and requested the City Manager have a Poway representative at the meeting. At some future point, he will request a Youth Advisory Council be established. CLOSED SESSION Mayor Higginson called for a closed session at 8:00 p.m. as requested by the City Attorney. ADJOURNMENT Mayor Higginson called the meeting back to order at 8:20 p.m. with all members present except Councilmember Cafagna who was absent from the meeting. The meeting was adjourned on motion by Councilmember Emery, seconded by Councilmember Rexford. Lori ~,. Peoples, A~sist~nt City Clerk City of Poway 6290