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CC 2000 08-29CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 29, 2000 The August 29, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Patti Brindle Jim Nessel Patrick Foley Garry MacPherson Bob Krans Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriffs Captain City Planner Senior Planner Senior Management Analyst Fire Division Chief Fire Division Chief Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to speak: Christopher Mason, 13435 Starridge St., representing the Teen Issues Committee, thanked Council on behalf of the members who will be attending the League of California Cities Meeting in Anaheim in September. 7014 Page 2 - CITY OF POWAY - August 29, 2000 Bill Bamick, 14645 Sunrise Canyon Rd. expressed his views on the City of Poway sewer rates. CONSENT CALENDAR Mayor Cafagna stated that a request was received from the applicant to continue Item 23 to September 12, 2000 and a member of the public had requested Item 34 be removed from the Calendar for discussion. Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar as follows: 16. Ratification of Warrant Registers for the period of July 31 through August 4, 2000 and August 7-11,2000. (401-10) 17. Approval of Minutes - City Council August 1, 2000 - Regular Meeting August 8, 2000 - Canceled Regular Meeting 19. Adoption of Resolution No. P-00-70 - Approval of Temporary Use Permit 00-78, Annual Poway Days Events from Fdday, September 1 through October 1,2000, Poway Chamber of Commerce and Greg Sundberg with the City of Poway Community Services Department, Applicants. (203-07) 20. Approval of Final Map for Tentative Parcel Map 00-01, GMR, LLC, Applicant. Property located at 12300 - 12340 Stowe Drive. (203-02) 21. Approval of Final Map for Tentative Parcel Map 99-03, Joe Bayani, Owner. Property located at 13225 Fred Drive. (203-02) 22. Approval of Final Map for Tentative Tract Map 99-03; Agreement Relating to Public Improvements and Adoption of Resolution No. 00-089 for Annexation into Landscape Maintenance District 86-1 and City of Poway Lighting District, Zones A and C; Vision Homes, Applicant. (203-01) 23. Adoption of Planning Resolution No. P-00- - Comprehensive Sign Program (CSP) 00-03, Art Harris, for Napoli Business Park, Applicant: A request to approve a Comprehensive Sign Program for a multi-tenant, light industrial center located at 12740 Danielson Court. (Continued to September 12, 2000). (203-15) 7015 Page 3 - CITY OF POWAY - August 29, 2000 24. Authorization to Use Selected,SourCe Vendor for the Purchase of Thermal Imaging Cameras from ISG Thermal Systems USA, Inc. Receipt of a private donation in the amount of $30,000 will be used for the purchase of two (2) cameras and additional three-year extended warranties. (601-04) 25. Award of Bid for Two New Ambulances to Leader Industries Emergency Vehicle Manufacturing in the amount of $237,333.94, and acquisition of associated equipment in the amount $67,000 (radio, telecommunication and advanced life support equipment). (601-03) 26. Adoption of Resolution No. 00-084 - Approving Participation in the San Diego Area Housing Finance Agency Lease - Purchase Home Buyer Program. (1504-07) 27. Award of Bid for the 00-01 Citywide Striping Project to C-18, Inc., in the amount of $108,065.81. (602-01 #1429) 28. Approval of Public Services Department Reorganization Proposal - Phase II. (504-05) 29. Termination of Landscape Maintenance Agreement by Green Valley Estates Homeowners' Association. (602-01 #1207) 30. Award of Contract for Street Sweeping Services for City of Poway Streets and Facilities to Cannon Pacific Services in the amount of $162,615.70 and approval of appropriation of $40,000 from Unappropriated General Funds. (602-01 #1430) 31. Approval of Charter for the City of Poway Tree Committee. (701-09) 32. Award of Bid for the Wetland Revegetation Project-Rattlesnake Creek and Beeler Creek to Habitat West, Inc., in the amount of $211,689.69. (602-01 #1431) 33. Update of City Council Goals and Objectives. (202-01) 34.1 City of Poway's 20th Birthday Celebration. (402-05) Motion carried unanimously. 7016 Page 4 - CITY OF POWAY - August 29, 2000 ITEM 1 (203-01) ENVIRONMENTAL ASSESSMENT, TENTATIVE TRACT MAP 99-01R APPLICANT: ROBERT LAMAGNO. LOUISE KRONUS. JAMES & KATHRYN KENT Mayor Cafagna opened the public heating. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to subdivide a 6.69 acre property into 14 residential lots on the east side of the 14440 block of Midland Road, south of Outlook Road and north of Norwalk Street. The item was continued from the August 15, 2000 meeting. The following people were present wishing to speak: Donna Kent, 4509 Norma Drive, San Diego, spoke in support of the proposed project. Dee Fleischman, 15070 Pomerado Road, expressed concerns regarding the soundwall, changes in character of the area and increased traffic. Fred Zuill, 13636 Outlook Road, provided issues he felt needed resolution prior to approval of the proposed project. Robert Lamagno, 13083 Wimbedy Square, San Diego, applicant, spoke in support and responded to questions of the Council. City Manager Bowersox responded to questions of the Council. Motion by Councilmember Emery, seconded by Councilmember Goldby to continue the public hearing to September 26, 2000, to allow staff to work with applicant on other design altematives. Motion carded 3-2 with Deputy Mayor Higginson and Mayor Cafagna voting "no." ITEM 2 (602-01#9) PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT AMENDMENT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The recent meet and confer negotiations process with the Non-Safety employees (Teamsters Union), and the Salary and Benefits Plan for the Management, Supervisory, Professional and Confidential Employees' group provides for a retirement plan amendment that enhances the retirement benefit formula calculation. The first step in the amend, is for Council to adopt a Resolution of Intention approving an amendment to the PERS contract. An Ordinance authorizing an amendment to the contract between the City Council and the 7017 Page 5 - CITY OF POWAY - August 29, 2000 California Public Employees' Retirement System providing for the one-year highest compensation benefit formula for miscellaneous members will be brought back to Council for consideration at the September 19, 2000 meeting. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to close the public headng and adopt Resolution No. 00-086, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System and Declaring the Urgency Thereof." Motion carried 4-0 with Councilmember Emery away from the dias. ITEM 3 (701-04) ORDINANCE NO. 529/URGENCY REGULATIONS RELATING TO POSSESSION OF CLONAZEPAM Mayor Cafagna opened the public hearing and read the title of Ordinance No. 529, "An Ordinance of the City of Poway, California, Adding Chapter 9.11 to the Poway Municipal Code Establishing Regulations Relating to Possession of Clonazepam, to Take Effect Immediately Based on a Declaration of Urgency." Staff report by City Manager Bowersox. The City Council requested staff to create an ordinance similar to that adopted by the County of San Diego which would make it illegal in the City of Poway to possess Clonazepam without a valid prescription. Clonazepam is a prescription drug that has many legitimate uses including the treatment of both anxiety and epilepsy. Existing law makes it a misdemeanor or felony to possess for sale or selling the drug, however, mere possession without a prescription is legal. In addition to its legitimate uses, Clonazepam has illegal uses and is also used by rapists to incapacitate victims. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing, waive further reading and adopt Ordinance No. 529. Motion carried unanimously (rell call vote). ITEM 4 (203-08) CONDITIONAL USE PERMIT 90-13(M) MODIFICATION APPLICANT: SUNROAD ENTERPRISES Mayor Cafagna opened the public headng. Introduction by City Manager Bowersox. Staff report by Development Services Director Fritz. This is a request to modify an approved 7018 Page 6 - CITY OF POWAY - August 29, 2000 permit to establish an operational plan for the use of groundwater at the Maderas Golf Club based on the "Hydrogeologic and Biologic Study for the Sycamore Creek Sub- Basin," the establishment of a riparian habitat monitoring program and for compliance with prior conditions and mitigation measures from the January 4, 2000 City Council/Planning Resolution No. P-00-03 addressing unauthorized grading, preservation of habitat on the periphery and within the golf course and encroachments into the riparian corridor along Sycamore Creek at 17750 Old Coach Road. The following people were present wishing to speak: Tom Tremble, 18049 Old Coach Road, representing the Old Coach Homeowners' Association, spoke in support of the request. Steve DeBolt, 18353 Sycamore Creek, representing the Sycamore Creek Homeowners' Association, spoke in opposition to the request. Dick Bobetz, 18372 Sycamore Creek, representing the San Dieguito River Park, spoke in opposition to the request. Allan Haynie, 701 B Street, Suite 2100, San Diego, representing Maderas/Sunroad, spoke in support of the request and responded to questions of the Council. Jeff Mangum, 18111 Old Coach Road, representing the Old Coach Homeowners' Association spoke in support of the request. Rick Vann, 1455 Frazee Road, San Diego, representing Sunroad/Maderas, spoke in support of the request and committed to taking care of all items referred to. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to close the public hearing and adopt Resolution No. P-00-65, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 90-13 and Modifying Condition Number 4 on Page 5 of Resolution No. P-00-03 Assessor's Parcel Number 277-170-06." Motion carried unanimously. ITEM 5 (602-01 #725) TRANSFER OF FRANCHISE CONTROL TIME WARNER CABLE TELEVISION TO AOL TIME WARNER, INC. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Time Warner currently operates a cable system with approximately 1,605 subscribers in the northern portion of the City of Poway. America Online, Inc. (AOL) is also a large, 7019 Page 7 - CITY OF POWAY - August 29, 2000 diversified corporation. On January 10, 2000, AOL and Time Warner announced an agreement for a stock-for-stock merger in which both companies and their subsidiaries would merge into a newly formed holding company, AOL Time Warner. Under this proposal, AOL Time Warner would become the parent of both AOL and Time Wamer, Inc. In addition, Time Warner Entertainment, the franchisee, would continue as a subsidiary of the new AOL Time Warner holding company. City staff and the City's cable attorney have completed a review of the documents and is recommending that the Council approve Time Warner's transfer request for change in control from Time Warner Entertainment Company, L.P. (TWE) to AOL Time Warner, Inc. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public headng and adopt Resolution No. 00-087, entitled, "A Resolution of the City Council of the City of Poway, California Conditionally Approving the Transfer of Control of a Cable Television Franchise Granted to Time Warner Entertainment Company, L.P. (TWE) to AOL Time Warner, Inc." Motion carried unanimously. ITEM 6 (203-02) TENTATIVE PARCEL MAP 00-02 APPLICANT: C.W. SCRIPPS POWAY. LLC Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request for a Tentative Parcel Map to create individual parcels for six office buildings and one common parcel containing a complex parking lot, access driveways and landscaped areas located on a 3.32 acre property at the northeast corner of the intersection of Danielson Street and Scripps Poway Parkway. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. P-00-66, entitled, "A Resolution of the City Council of the City of Poway, California Approving Environmental Assessment and Tentative Parcel Map TPM 00-02 AssessoFs Parcel Number 323-480-05." Motion carried unanimously. ITEM 7 (203-02) TENTATIVE PARCEL MAP 00-03 APPLICANT: C.W. SCRIPPS POWAY. LLC. Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This 7020 Page 8 - CITY OF POWAY - August 29, 2000 is a request for a Tentative Parcel Map to create individual parcels for eight office buildings and one common parcel containing a complex parking lot, access driveways and landscaped areas located on a 4.1 acre property at the northwest corner of the intersection of Danielson Street and Scripps Poway Parkway. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. P-00-67, entitled, "A Resolution of the City Council of the City of Poway, California Approving Environmental Assessment and Tentative Parcel Map TPM 00-03 Assessor's Parcel Number 323-482-18." Motion carried unanimously. ITEM 8 (203-08) CONDITIONAL USE PERMIT 00-14 APPLICANT: GIANNI AND ASSOCIATES Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to add a wireless communications facility on the Poway Performing Arts Center at 15498 Espola Road. The following person was present wishing to speak: Mark Berlin, agent for AT&T, 6010 Cornerstone Court, Suite 110, San Diego, spoke in support of the request and responded to questions of the Council. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-00-68, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-14 Assessor's Parcel Number 278-450-27." Motion carried unanimously. ITEM 9 (203-02) TENTATIVE PARCEL MAP 96-01(TE-2)TIME EXTENSION APPLICANTS: JERRY AND LINDA STRAUSS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a one year time extension to a previously approved Tentative Parcel Map, for the subdivision of a 7.6 acre property into three rural residential parcels at the terminus of Eastvale Road, approximately 450 feet east of the intersection of Eastvale Road and Canyon Pass. 7021 Page 9 - CITY OF POWAY - August 29, 2000 There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-00-69, entitled, "A Resolution of the City Council of the City of Poway, California Approving a One Year Time Extension for Tentative Parcel Map 96-01(TE-2) and Rescinding Resolution Number P-99-51 Assessor's Parcel Number 278-240-15." Motion carded unanimously. ITEM 10 (704-10) STATUS REPORT ILLEGAL ENCAMPMENTS Staff report by City Manager Bowersox. Staff provides Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the second quarter, covering April through June of this year. Motion by Councilmember Rexford, seconded by Councilmember Emery, to receive and file the report. No objection as filed. ITEM 11 (203-26) COMMUNITY DIRECTIONAL KIOSK PROGRAM Staff report by City Manager Bowersox. The Council approved ZOA 00-01 on April 25, 2000 to make the Sign Ordinance conform to current constitutional requirements as much as possible. In doing so, the amendment invalidated the Automotive Kiosk Program. This item would modify the Automotive Kiosk Program to create the Community Directional Kiosk program. The program will provide directions to community destinations such as Lake Poway, Town Center, and the Poway Auto Dealers. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to approve the appropriation and the program, staff to re-evaluate the number of necessary kiosk structures and to separate the 2 structures on the south side of Espola Road. Motion carried unanimously. ITEM 12 (1141-09) FIRE PROTECTION PARAMEDIC STAFFING FIRE DEPARTMENT NEEDS ASSESSMENT RESPONSE EFFECTIVENESS IMPLEMENTATION PLAN Staff report by City Manager Bowersox. In March of 1999, Council approved an 7022 Page 10 - CITY OF POWAY - August 29, 2000 appropriation for a consultant to conduct a needs assessment for the Fire Department. A detailed staffing and response effectiveness report has been completed by the consultant, DMG Maximus and Associates. The consultant's report identified three key issues to consider in developing an implementation plan for the expansion of additional facilities, staffing and equipment: 1. Maintain or improve the current ISO rating in order to keep fire insurance rates at a minimum especially in the commercial and industrial areas. 2. Provide enhanced coverage to the Pomerado Road corridor in order to reduce the dependence on San Diego Fire Department resources that respond daily to emergency incidents within Poway City limits. 3. Meet and maintain current Federal and State mandates and regulations. The consultant's report also recommended the construction of a third fire station. Five different station locations were identified via the use of computer software with the ideal location being in the vicinity of Twin Peaks Road, between Pomerado Road and Community Road. Design features for a new fire station would include providing space for a new engine company, paramedic ambulance, rescue unit, wildland unit, and a future truck company. The station size is estimated at ten thousand square feet. With regards to staffing, one of the first safety considerations was to meet the current OSHA requirements for the "Two-in/Two-out" regulation. Station 52 on Westling Court does not meet this requirement as there are currently only three firefighters assigned on that engine company. An increase of 21 new fire suppression personnel are being requested. The proposed configuration would consist of five fire suppression personnel per shift assigned to Station 51 on Community Road, four per shift assigned to Station 52 on Westling Court, and seven per shift assigned to the new station. Additionally, one Fire Division Chief for Training and Human Resources and one Fire Inspector are also proposed. Implementation would also require the purchase of three new emergency vehicles for the new station consisting of a paramedic ambulance, an engine company and a rescue unit as well as a new vehicle for the position of Fire Division Chief for Training and Human Resources. The estimated total cost for the addition of Fire Station 53, apparatus, equipment, and support staff is $7,088,894, which will be disbursed over the next three fiscal years with annual operation and maintenance costs estimated to be $2,108,194. 7022 Page 11 - CITY OF POWAY - August 29, 2000 Council is being requested to authorize staff to: 1. Seek the services of an architect for planning site development and architectural drawings for a new fire station located at Twin Peaks and Community Roads, and appropriate $350,000 from the General Fund reserve as a loan to the Redevelopment Agency in order to fund the preliminary work or the construction of a new fire station. 2. Develop apparatus specifications, and go to bid for a new engine company. 3. Amend the current budget to authorize the hiring of three new firefighters from a current certified firefighter list to meet the OSHA minimum-staffing requirement at Fire Station 52. 4. Amend the current budget to authorize the hiring of a new Fire Division Chief to serve as the Training Officer and to authorize the purchase of a new vehicle for this position. The following people were present wishing to speak: Scott Post, 1411 Foothill Drive, Vista, representing the Poway FirefighteFs Association, spoke in support. Douglas Duke, 13812 Olive Mill Way, spoke in opposition. Sharon Rothenberger, 13341 Twin Circle Court, spoke in opposition. David Evans, 13381 Twin Circle Court, spoke in opposition. Chris Haskell, 14341 Sandown Court, spoke in opposition. Tammy Handler, 14778 Espola Road, spoke in support. General discussion ensued with Council requesting additional review of possible sites. Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve staff recommendations as amended to not have the site designated as Twin Peaks and Community Roads at this time. Motion carried unanimously. 7024 Page 12 - CITY OF POWAY - August 29, 2000 ITEM 13 (203-11 ) LOT AVERAGING REQUIREMENTS HIDDEN VALLEY RANCH APPLICANT: ED MALONE Staff report by City Manager Bowersox. This is a request for Council interpretation on the City's "lot averaging" requirement concerning the Hidden Valley Ranch property. The item was scheduled for the August 15, 2000 meeting and continued to this evening at the request of the applicant. On May 6, 1999, Council held a pre-development conference for the Hidden Valley Ranch development concept plan. The concept plan proposed a "lot averaged" residential subdivision design with a minimum lot size of four (4) net acres. On Apdl 6, 2000, Council held a workshop to consider Mr. Malone's application for a Pre-General Plan Amendment (Pre-GPA 00-02) to redesignate the Hidden Valley Ranch property from Rural Residential A (RR-A) to Planned Community (PC) in order to allow minimum one (1) net acre residential lots with the approval of a specific plan and an associated tentative tract map. To date, the applicant had not submitted a tentative tract map application and all other associated applications and materials. The applicant's engineer has submitted a letter of request dated July 21,2000 describing the events that have transpired since staff's initial meeting with him in August 1998. The letter also addresses the Council's directive to staff in March 1999 regarding the application of the General Plan maximum 3:1 lot depth to width ratio to all subdivision map applications. The letter concludes with a request that the project be determined to be in the planning pipeline. In effect, the applicant is asking that he not be required to prepare a conventional subdivision design meeting the standards in use today. This design will establish the allowable density for the property. The applicant has indicated that the average slope of the property is approximately 21 percent and the development density is 41 lots. City water is currently available to the property. For subdivision purposes, the minimum residential lot size is eight (8) net acres. It should be noted that staff has not yet fully reviewed or accepted the applicant's slope analysis. It is the judgement of staff that the 41 lot density suggested by the applicant is only the "theoretical" density for the subject property. In order to determine the actual "allowable" density, both the slope analysis and the required conventional subdivision design would have to be submitted. The General Plan provisions regarding "lot averaging" require that the project proponent clearly demonstrate, through submission of a conventional subdivision design, that the proposed number of lots could be created without lot averaging. In this case, the 7O25 Page 13 - CITY OF POWAY - August 29, 2000 conventional design would have to demonstrate that the proposed number of lots have been calculated based upon the average and individual slope criteria and minimum lot size formula. Additionally, the design would incorporate the General Plan 3:1 lot depth to width ratio, as directed by the Council in March 1999. The following person was present wishing to speak: Mark Brencick, project engineer, 9555 Genesee Avenue, Suite 200, San Diego, representing Landmark Consulting spoke in support of the request and responded to questions of the Council. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to allow the Hidden Valley Ranch project density to be based upon the conventional subdivision design prepared prior to March of 1999. Motion carried 4-1 with Councilmember Emery voting "no." ITEM 14 (203-10) MINOR DEVELOPMENT REVIEW 99-112 GOLDEN WAY APPLICANT: ROY HABIBI Staff report by City Manager Bowersox. A report was prepared in response to statements made by Mr. Roy Habibi at the Council meeting of July 18, 2000, and to clarify and provide additional information regarding improvement issues. This item was discussed on August 15, 2000 and continued to August 29, 2000. The applicant has requested that this item be continued until September 12, 2000. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to continue the item to September 12, 2000. Motion carried unanimously. ITEM 15 (1503-02) SANDAG ADVISORY COMMITTEE ROUTES 67/125 CORRIDOR STUDY Staff report by City Manager Bowersox. The City received a letter from SANDAG on August 3, 2000 requesting the appointment of an elected official as a representative to the Advisory Committee for Routes 67/125 corridor. The study will evaluate futura transportation needs along this north-south corridor and recommend cost-effective transportation improvements to address those needs. The Metropolitan Transit Development Board has requested that Bob Emery be one of their designated representatives. Both Councilmembers Rexford and Goldby expressed an interest in 7026 Page 14 - CITY OF POWAY - August 29, 2000 serving on this committee at the August 15, 2000 Council meeting. Motion by Councilmember Goldby, seconded by Councilmember Emery, to appoint Councilmember Rex'ford as the Poway Representative to SANDAG Advisory Committee for Routes 67/125 Corridor Study. Motion carried unanimously. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to appoint Councilmember Goldby to serve as the Poway Alternate Representative to SANDAG Advisory Committee for Routes 67/125 Corridor Study. Motion carried 4-1 with Councilmember Goldby voting "no." ITEM 15.1 (203-21) INITIATION OF SPECIFIC PLAN AMENDMENT 84-01W SOUTH POWAY SPECIFIC PLAN DELETION OF COMPACT PARKING STANDARD Staff report by City Manager Bowersox. At the August 15, 2000 meeting, Council directed staff to bring back a Resolution initiating an amendment to the South Poway Specific Plan to eliminate the compact parking standard. The proposed Resolution initiated the requested change. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to adopt Resolution No. 00-088, entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01W)." Motion carried unanimously. ITEM 34 (701-11 ) OPPOSITION TO PROPOSITION 38 SCHOOL VOUCHER INITIATIVE Staff report by City Manager Bowersox. At the August 15, 2000 meeting, Councilmember Emery discussed the impact of school vouchers and Council voted to support the League of California Cities position in opposition to Proposition 38. The proposed Resolution formalizes this action. A member of the public requested this be removed from the Consent Calendar for discussion. The following person was present wishing to speak: Anthony Pagano, 12852 Francine Terrace, spoke in opposition to the adoption of the proposed Resolution. 7027 Page 15 - CITY OF POWAY - August 29, 2000 Motion by Councilmember Emery, seconded by Councilmember Goldby, to adopt Resolution No. 00-085, entitled, "A Resolution of the City Council of the City of Poway, Califomia in Opposition to Proposition 38 The School Voucher Initiative." Motion carried 4-1 with Deputy Mayor Higginson voting "no." CITY ATTORNEY ITEMS 36. City Attorney Eckis requested closed sessions to consider the following: A. Significant exposure to litigation, Government Code § 54956.9(b)(2)(A), Number of potential cases: 1, Facts and cimumstances need not be disclosed and B. Pending Litigation, Government Code § 54956.9(a), Swinton vs. City of Poway, Case #746770. MAYOR AND CITY COUNCIL-INITIATED ITEMS 37. Councilmember Emery provided information on JANTOC (Joint Agency Negotiation Team on Consolidation) Committee issues regarding making regional cooperation on transportation and infrastructure more effective and efficient. (1503-02) 38. Councilmember Goldby requested Council re-evaluate the number of units that can be constructed on the Briehan site. 39. Councilmember Rexford noted that an Oak tree fungus is affecting trees in Monterey. CLOSED SESSION Mayor Cafagna called for a closed session at 10:50 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 11:19 p.m. and adjourned the meeting at 11:20 p.m. on motion by Councilmember Rex'ford, second by Deputy Mayor Higginson. LorilAnne Peoples, City Cl~grk - City of Poway 7028