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