AGE N DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 Octo ber 3, 2023 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes . Per the Poway Municipal Code, the speaking time may be reduced.
To Watch Live:
www.poway.org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway .org. Sign up at https://poway.org/ list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting .
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meet ing.
Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes .
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Council member, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the June 13, 2023 Special City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Information"
4. Authorization to Purchase Four (4) Full-Size Cab and Chassis and One (1) Light-Duty Pickup Truck Utilizing State of California Department of General Services State Contract #1-22-23-20F, One (1) Rollback Trailer Utilizing Sourcewell Cooperative Purchasing Program Contract #092922-TKI and Appropriation of Funds
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
5. Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22-0005; a request to develop a drive-through restaurant with outdoor dining located at 12665 Poway Road and a determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162
2 of 3 Regular City Council Meeting October 3, 2023
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving the project and making the determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162.
STAFF REPORTS: None
WORKSHOPS : None
COUN CIL-INI TIATED ITEMS:
6. Poway Center for the Performing Arts (PCPA) City Council Subcommittee Recommended Action: Mayor Vaus and Deputy Mayor Frank request concurrence that they serve as the new members of the PCPA Subcommittee.
COUNCIL COMM ITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB 1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any publi c repor t of any action taken in closed session) CLOSED SESSION : None
ADJOURNMEN T:
State of California
County of San Diego
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) ss.
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AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on September 26, 2023. Said meeting to be held at 7:00 p.m., October 3, 2023, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. ~~~
Carrie Gallagher,CMC,CityC/e
3 of 3 Regular City Council Meeting October 3, 2023
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
October 3, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk i/(1--
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the June 13, 2023 Special City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• June 13, 2023 Special City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the June 13, 2023 Special City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. June 13, 2023 Special City Council Meeting Minutes
Reviewed/Approved By:
~.~
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved :1 /\
Ch~
City Manager
October 3, 2023, Item #2
2 of 7
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL SPECIAL MEETING
MINUTES
June 13, 2023
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor
Vaus called the Special Meeting to order at 7:00 p.m.
ROLL CALL
Pres
ent: Brian Pepin, Peter De Hoff, Caylin Frank, Steve Vaus
STAFF MEMBERS PRESENT
Cit
y Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Tim McDermott; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Nancy Blanco, Sheriff’s Department. (Not
e: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy
Mayor Frank led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor
Vaus led a moment of silence.
PRESENTATIONS
None.
ATTACHMENT A October 3, 2023, Item #2
City of Poway - Minutes - June 13, 2023
PUBLIC COMMENT
Alison Park suggested the use of a grading or rubric system in the City Council District 2 vacancy appointment process and questioned if including the pledge was legally binding.
Jana Johnson spoke regarding the City Council District 2 vacancy process, the appointment date and whether the pledge was legally binding.
CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Pepin to approve Consent Calendar Items 1 through 8. Motion carried 410 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Pepin, De Hoff, Frank Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the April 4, 2023 Regular City Council Meeting Minutes
3. Award of Agreement to Sloan Electromechanical Services for the As-Needed Pump and Motor Repair Services; RFP No. 23-016
4. Extension of the 2022-2023 Street Maintenance Project Contract with American Asphalt South, Inc., Bid No. 22-013, and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
5. Extension of the 2022-2023 Citywide Striping Project Contract with Statewide Stripes, Inc., Bid No. 22-012, and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)
6. Senate Bill 1205 Annual Fire and Life Safety Inspection Report
7. Approve City of Poway's 2023-2024 Water Supply and Demand Assessment
8. Approval of Final Map for Tentative Tract Map 21-004 (Sage at Old Coach); New Pointe Investment 52, Applicant (APN: 277-171-18-00 and 277-171-22-00) Lori Grennan spoke neutrally on Item #8; she voiced concern over the builder's adherence to Poway's Conservation Plan as it pertains to grading and brush clearance in the preservation of the wildlife corridor.
At the request of Deputy Mayor Frank, Director of Development Services Bob Manis clarified the majority of the parcel has been previously graded leaving .35 of an acre that will be impacted by grading which will be mitigated by biological easements on site. Mr. Manis stated the 120 acres is made up of five lots which will being transferred to the previously graded pad so the untouched 120 acres will remain as open space.
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October 3, 2023, Item #2
City of Poway - Minutes - June 13, 2023
ORDINANCES FOR INTRODUCTION
None.
Mayor Vaus reordered the agenda to hear Item #10 and #11 at this juncture.
PUBLIC HEARINGS:
9. Proposed Fiscal Year 2023-24 Operating Budget
Mayor Vaus opened the Public Hearing at 7:55 p.m.
Interim Director of Finance Tim McDermott presented the item along with a PowerPoint presentation. He provided an overview of the City's proposed operating budget, citing operating expenditures by fund. He discussed the General Fund, including revenues and expenditures, and outlined benefits realized from prior budget decisions, impacts to the budget including inflation, supply chain issues, and a challenging labor market.
He discussed proposed new programs and expenditure requests and provided additional information on proposed new personnel requests for the next fiscal year. He explained the proposed budget includes an additional 3% inflationary adjustment for all employee groups.
Mr. McDermott detailed the City's reserve balances, noting they provide resources for future projects and unforeseen needs. He then provided an update on the City's Water and Wastewater Funds, including revenues, expenditures, and the fund balance.
Mr. McDermott noted the Capital Improvement Program (CIP) will be presented to the City Council at a future meeting. In the meantime, he explained staff continues to work on existing CIP projects and new projects will be brought forward to the City Council on an as-needed basis. He outlined the work of the Budget Review Committee and their contributions in developing the proposed 2023-2024 operating budget.
John Couvrette, Budget Review Committee Chair provided a brief summary of the Budget Review Committee process and observations for the Fiscal Year 2023-24 budget.
The following speakers spoke in support of Item #9:
Pete Babich
Chris Pikus
Mayor Vaus closed the Public Hearing at 8:33 p.m.
Council discussion ensued.
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to receive the Budget Review Committee Report, consider their recommendations, and adopt the Resolutions. Motion carried unanimously.
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October 3, 2023, Item #2
City of Poway - Minutes - June 13, 2023
STAFF REPORTS:
10. Consideration of Request to Hold Rehearing on Final Map Approval for Tentative Tract Map 21-003 (McKee Orchard Subdivision); (PMC § 2.21.040)
City Attorney Alan Fenstermacher presented the item. He provided an overview of the rehearing process explaining Council's role in deciding whether to hold a rehearing on the final map approval for the tentative tract map. He stated a rehearing can only be held if the Council determines there is new and different evidence which was not available to Council during the May 16, 2023, City Council meeting when Council voted to approve the final map.
He emphasized consideration of a rehearing only pertains to the final map approval and does not include the Tentative Tract Map itself, the Development Review or the Mitigated Negative Declaration, and further explained the final map must be approved if it is in compliance with the conditions as imposed in July 2022 approval of the Tentative Tract Map.
Rehearing requestors:
Bernadette Simi
Jim Bunner
Spoke in support of a rehearing:
Chris Olps
Keith Kezer
Spoke neutrally on Item #10:
Yuri Bohlen
Written comments were submitted by the following in support of a rehearing for Item #10:
Sharan Wayland
Alison Park
Eric Weller
Torrey Powers
Scott Swan
Diana Newland
Nicole Lovett
Alessio Sasso
Massimo Sasso
Nancie Valkema
Council discussion ensued. In response to the requester's comments, City staff discussed their process in working with the Native American Heritage Commission and tribal consultants during development of McKee Orchard . In response to Deputy Mayor Frank's comments, staff noted a lack of tribal council opposition to the project. Council and City Staff agreed that no new or different information pertaining to the Final Map Approval for TTM 21-003 was provided by the requesters.
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October 3, 2023, Item #2
City of Poway - Minutes - June 13, 2023
Motioned by Mayor Vaus, seconded by Councilmember Pepin that no new and different evidence, not previously available on May 16, 2023, was presented and therefore the City Council shall take no further action on the request. Motion to deny the request carried unanimously.
11. Development Review 23-0001; a request for approval of the siting and design of 6 single family dwelling units north of the intersection of Espola Road and Old Coach Road and making the determination that the project is within the scope of the Environmental Impact Report (EIR) for the Old Coach Golf Estates Specific Plan and subsequent Addend urns Director of Development Services Bob Manis presented the item along with a PowerPoint presentation. He explained this is a six-lot subdivision previously approved by Council on December 7, 2021. He noted a Development Review (DR) is required for subdivision track type developments in order to have the Council look at architecture and siting of homes within the subdivision. He explained the area is zoned as a planned community and is subject to the Old Coach Golf Estates Specific Plan.
Mr. Manis provided an overview of the property, including zoning and its location. He stated five lots will be located on the western graded pad and accessed by a new private cul-de-sac, and one lot will be located on the east side. He added, all the homes are single-story with contemporary architectural style. The homes nearest to Espola Road are over 100 feet from the edge of the paving, which includes a wall on the edge of the property line and additional landscaping installed to help with visibility. Mr. Manis provided architectural plans, elevation, landscaping and hardscaping details.
No speakers.
Council discussion ensued. Council responded positively to the design of the subdivision, the elevations, and how the siting does not interrupt the view corridor near Blue Sky and the Green Valley Truck Trail. In response to questions, staff explained the landscaping would include the addition of more trees and shrubs to the south of the development to enhance the landscaping currently in place.
Motioned by Mayor Vaus, seconded by Councilmember Pepin to take public input and adopt the Resolution approving Development Review (DR) 23-0001 for the siting and design of 6 single-family dwelling units and making the determination that the project is within the scope of the Environmental Impact Report (EIR) for the OCGESP certified on May 15, 1990, and subsequentAddendums to the Final EIR certified on July 19, 2016, and December 7, 2021. Motion carried unanimously.
WORKSHOPS
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
6 of 7
October 3, 2023, Item #2
City of Poway - Minutes -June 13, 2023
Councilmember Pepin stated, in response to resident feedback regarding traffic safety along Midland Road, he and Councilmember De Hoff support exploring Vision Zero, a traffic calming program aimed at reducing pedestrian and bicycle fatalities. He asked for Council consensus to have staff do additional research on the program and bring information back to the City Council for potential action.
Mayor Vaus stated the City of Poway, in collaboration with the Sheriff's Department, is already committed to minimizing traffic accidents and fatalities . He and Deputy Mayor Frank commented that with regard to Midland Road, there is an active accident investigation underway and prior to taking other action related to traffic calming, they want to see what the Traffic Safety Committee's recommendations will be for Midland Road. They also expressed concern about adopting a program narrowly focused .on only one area of the City. No action was taken and the City Council deferred the matter to staff for future traffic safety recommendations.
Mayor Vaus recognized fund raising efforts put forth by the City's firefighters who raised more than $20,000 during the event at The Hop Stop in support of the annual Firefighter Demolition Derby Day held to raise funds for the Burn Institute.
CITY MANAGER ITEMS
City Manager Hazeltine acknowledged Finance Department Managers and staff for their efforts finalizing the City budget.
CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session) None.
CLOSED SESSION
None.
ADJOURNMENT
The meeting was adjourned at 8:57 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
October 3, 2023, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 3, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk +
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance 862 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.28 to Title 2 of the Poway Municipal Code Relating to Electronic and Paperless Filing of Fair Political Practices Commission (FPPC) Campaign and Statement of Economic Interest Disclosure Informat ion"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on September 19, 2023. There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
PEPIN, DE HOFF, EDMONDSON, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 862.
Environmental Review:
None.
Fiscal Impact:
None.
1 of 6 October 3, 2023, Item #3
Public Notification:
An ordinance summary notice was published in the Poway News Chieftain on Thursday, September 28, 2023. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.
Attachments:
A. Ordinance No. 862
Reviewed/Approved By:
Assistant City Manager
2 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 3, 2023, Item #3
ORDINANCE NO. 862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 2.28 TO TITLE 2
OF THE POWAY MUNICIPAL CODE RELATING TO
ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL
PRACTICES COMMISSION (FPPC) CAMPAIGN AND
STATEMENT OF ECONOMIC INTEREST DISCLOSURE
INFORMATION
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, public access to campaign and Statement of Economic Interest disclosure information is an integral component of a fully informed electorate, and transparency is critical in order to maintain public trust and support of the political process; WHEREAS, Assembly Bill 2452 allows local government agencies to require online or electronic filing for an elected officer, candidate, committee, or other person who is required to file statements, reports, or other documents under the Political Reform Act of 1974; WHEREAS, the City Clerk is the Local Filing Officer for FPPC disclosure statements and is responsible for receiving, reviewing, and making available campaign disclosure statements;
WHEREAS, implementation of electronic filing and FPPC campaign disclosure statements helps the City reach its goal of operational excellence by allowing campaign disclosure statements to be filed electronically, streamlining the disclosure and filing process and saving resources as well as increasing transparency and online access to statements; and
WHEREAS, in order to implement the provisions of Government Code Section 84615 and Assembly Bill 2452, the City must adopt an Ordinance permitting the use of an online filing as an option for filing and designating the filing received electronically by the City Clerk's Office as the flings of record for the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true. and correct.
SECTION 2: Section 2.28.040 (Statements Generally) of the PMC is hereby amended to read as follows (additions in underline):
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Subject to Government Code Section 81009.5, each candidate and each committee, including all independent committees, shall file as a public record with the City Clerk campaign statements showing the amounts of contributions received and expenditures made with respect to such election at the time required by the Political Reform Act of 197 4, as amended. Statements shall be filed electronically in the manner set forth in Sections
2.28.11 O through 2.28.130 of this Chapter 2.28.
ATTACHMENT A October 3, 2023, Item #3
Ordinance No. 862
SECTION 3: Sections 2.28.110 through 2.28.130 are hereby added to Chapter 2.28 of the PMC as follows:
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2.28.110 ELECTRONIC FILING OF CAMPAIGN DISCLOSURE STATEMENTS
1. Any elected officer, candidate, committee, or other person required to file statements, reports, or other documents ("statements") as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et seq.) ("filers") must file such statements using the City Clerk's online system according to procedures established by the City Clerk (the "procedures") effective January 1, 2024 unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee receives less than $250 in contributions and makes less than $250 in expenditures in a calendar year.
2. The City Clerk shall have the authority to establish and amend the procedures, as necessary, to accomplish the following:
a. Ensure that the online system complies with the requirements set forth in Section 84615 of the Government Code, as may be amended from time to time; b. Meet the purpose and intent of this section and comply with other applicable law; and
c. Ensure the integrity of the data transmitted and include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
3. Online filings made under this chapter will only be accepted if made in the standardized record format that is developed by the California Secretary of State p,ursuant to Section 84602(a)(2) of the California Government Code, as may be amended from time to time, and that is compatible with the Secretary of State's system for receiving an online or electronic filing. •
2.28.120 PROCEDURES FOR UTILIZING ONLINE FILING
1. Effective January 1, 2024, electronic filing is mandatory unless the officer, candidate, or committee is exempt as described in Section § 2.28.110. Once the elected officer, candidate, or committee has filed electronically, all subsequent Statements shall be filed electronically.
2. Any elected officer, candidate, or committee who has electronically filed a statement using the City Clerk's online system is not required to file a copy of that document in paper format with the City Clerk.
3. The City Clerk shall issue an electronic confirmation that notifies the filer that the Statement was received, which notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a Statement filed online shall be the day that is received by the City Clerk.
October 3, 2023, Item #3
Ordinance No. 862
4. If the City Clerk's system is not capable of accepting a Statement due to technical difficulties, an elected officer, candidate, or committee shall file that Statement in paper format with the City Clerk.
5. The on line filing system shall enable electronic filers to complete and submit filings free of charge.
2.28.130 AVAILABILITY OF STATEMENTS FOR PUBLIC REVIEW; RECORD
RETENTION
1. The City Clerk's system shall make all the data filed available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall not contain the street name and building number of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The City Clerk's office shall make a complete, unredacted copy of that statement, including any street names, building numbers, and bank account numbers disclosed by the filer, available to any person upon request.
2. The City Clerk's office shall maintain, for a period of at least 10 years commencing for the date filed, a secured, official version of each online or electronic statement which shall serve as the official version of that record for purpose of audits and any other legal purpose.
SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 5: The online filing system shall include a procedure for filers to comply with the requirement that they sign statement and reports under penalty of perjury pursuant to Section 81004 of the Government Code.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway held the 19th day of September, 2023, and thereafter. 5 of6 October 3, 2023, Item #3
Ordinance No. 862
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 3rd day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQUALi Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
6 of6 October 3, 2023, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 3, 2023
Honorable Mayor and Members of the City ~o~ il
Eric Heidemann, Director of Public Works r'
Michael Obermiller, Public Works Operations Manager
(858) 668-4722 or mobermiller@poway .org
CITY COUNCIL
~
Authorization to Purchase Four (4) Full-Size Cab and Chassis and One (1) Light-Duty Pickup Truck Utilizing State of California Department of General Services State Contract #1-22-23-20F, One (1) Rollback Trailer Utilizing Sourcewell Cooperative Purchasing Program Contract #092922-TKI and Appropriation of Funds.
The City of Poway's approved Fiscal Year 2023-24 Capital Replacement Equipment Fund budget and certain other operating budgets include funding to purchase four (4) full-size cab and chassis, one (1) light-duty pickup truck, and one (1) rollback trailer. The City participates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), and the State of California Department of General Services (DGS), which establish and provide nationwide competitively solicited purchasing contracts which can be utilized by member agencies, such as the City of Poway.
Through the DGS State Contract, Downtown Ford Sacramento (Contract #1-22-23-20F) presented optimal pricing for the four (4) full-size cab and chassis and one (1) light-duty pickup truck in the amount of $300,060.05. All vehicles meet the City's service requirements and specifications.
Sourcewell presented optimal pricing for one (1) rollback trailer from Trail King Industries, Inc. (Contract #092922-TKI) in the amount of $70,305.80. The equipment meets the City's service requirements and specifications.
The total purchase price for these vehicles and equipment is $370,365.85.
Recommended Action:
It is recommended the City Council adopt a resolution authorizing the purchase of the following equipment:
. 1. Four (4) Full-Size Cab and Chassis ($230,851.98 total) from Downtown Ford Sacramento utilizing DGS State Contract #1-22-23-20F;
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October 3, 2023, Item #4
2. One (1) Light-Duty Pickup Truck ($69,208.07) from Downtown Ford Sacramento utilizing DGS State Contract #1-22-23-20F;
3. One (1) Rollback Trailer ($70,305.80) from Trail King Industries, Inc. utilizing Sourcewell Cooperative Purchasing Program Contract #092922-TKI;
4. Authorize an appropriation of $32,239.50 to the various account numbers shown in the Fiscal Impact section of this report; and
5. Authorize the City Manager to execute any necessary documents.
Discussion:
The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace four (4) full-size cab and chassis, one (1) light-duty pickup truck, and one (1) rollback trailer .
The City has two (2) utility trucks and two (2) dump trucks ranging from 16 to 22 years old that have exceeded their useful life and are scheduled for replacement. The utility trucks are utilized by the Streets Maintenance and Fleet Maintenance divisions for various maintenance activities. The dump trucks are utilized by the Streets Maintenance and Stormwater Maintenance divisions to support hauling operations. Due to limited availability and shortened ordering timelines, staff was only able to obtain quotes for the cab and chassis at the present time. The utility and dump truck body quotes are in process and will be brought to City Council at a later date for authorization to purchase them.
It is recommended all the cab and chassis be replaced through the DGS State Contract utilizing Downtown Ford Sacramento. The four (4) full-size cab and chassis exceed the amount budgeted for their replacement by $7,837.06.
The City has one (1) 22-year-old light/medium duty truck that has exceeded its useful life and is scheduled for replacement. The truck is utilized by the Parks Maintenance division for various maintenance activities. The replacement truck will be zero-emission, allowing the City credit toward the forthcoming Advanced Clean Fleets Rule, which will take effect on January 1, 2024. It is recommended the truck be replaced through the DGS State Contract utilizing Downtown Ford Sacramento. The quote for the new light-duty truck is within the budgeted amount.
The City has one (1) 14-year-old rollback trailer that has exceeded its useful life and is scheduled for replacement. The trailer is utilized by the Streets Maintenance division to transport large sized· equipment, such as the paving machine . It is recommended the trailer be replaced through Sourcewell Cooperative Purchasing Program utilizing Trail King Industries, Inc. The quote for the new rollback trailer exceeds the amount budgeted by $24,402.44.
Staff reached out to local Poway dealerships, and they were non-responsive to quote requests. All agreements offered through the DGS State Contract and Sourcewell Cooperative Purchasing Program have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county public university or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.11 O of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner. 2 of 6
October 3, 2023, Item #4
The quotes for the four (4) full-size cab and chassis are as follows:
UNIT AVAILABLE QUOTE DGS STATE
FUNDS CONTRACT NO.
Cab and Chassis #1 $74,459.00 $57,301.93 1-22-23-20F
Cab and Chassis #2 $70,000.00 $57,301.93 1-22-23-20F
Cab and Chassis #3 $50,287.00 $58,124.06 1-22-23-20F
Cab and Chassis #4 $85,000.00 $58,124.06 1-22-23-20F
The quote for the light-duty pickup truck is as follows:
UNIT AVAILABLE QUOTE DGS STATE
FUNDS CONTRACT NO.
Light-Duty Pickup $100,000 $69,208.07 1-22-23-20F Truck The quote for the rollback trailer is as follows:
AVAILABLE SOU RC EWELL
UNIT FUNDS QUOTE AGREEMENT
NO.
Rollback Trailer $45,903.36 $70,305.80 092922-TKI
Copies of all quotes are on file with the Public Works Department.
Environmental Review:
This action is not subject to review under the California Environmental Act (CEQA).
Fiscal Impact:
VENDOR
Downtown Ford
Sacramento
Downtown Ford
Sacramento
Downtown Ford
Sacramento
Downtown Ford
Sacramento
VENDOR
Downtown Ford
Sacramento
VENDOR
Trail King
Industries, Inc.
The City proactively plans for the replacement of its vehicles and equipment by annually setting aside a portion of the anticipated replacement costs. The total cost of the vehicles and equipment to be purchased as a result of this action is $370,365.85. A total of $338,126.35 from Fiscal Year 2023-24 Capital Replacement Fund (115010-61040) and division split-funding accounts are budgeted and available for the purchase of these items.
Due to increased equipment costs, appropriations are requested for Streets Maintenance (411040- 61040) for one (1) cab and chassis remaining balance of $7,837.06 and one (1) rollback trailer remaining balance of $24,402.44. The total appropriation request is $32,239.50. 3 ofG
October 3, 2023, Item #4
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Wen~erman
Assistant City Manager
4of6
Reviewed By:
Alan Fenstermacher
City Attorney
October 3, 2023, Item #4
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF
FOUR NEW FULL-SIZE CAB AND CHASSIS, ONE LIGHT-DUTY
PICKUP TRUCK, ONE ROLLBACK TRAILER AND AN
APPROPRIATION OF FUNDS
WHEREAS, the City of Poway (City) operates and maintains over 125 street-legal vehicles and other heavy equipment for the purposes of inspecting, maintaining and operating City facilities and infrastructure and to provide public safety services; WHEREAS, each year several of these vehicles and pieces of equipment must be replaced as they exceed their useful life or have excessive mileage; WHEREAS, the City proactively plans for the replacement of these vehicles and pieces of equipment by accumulating resources in the Capital Replacement Equipment Fund through annual rent charges to the various departmental operating budgets associated with the use of such vehicles and equipment;
WHEREAS, any additional amounts estimated to be required to replace vehicles and equipment in the year of the planned replacement that are in excess of the amounts accumulated in the Capital Replacement Equipment Fund are funded through additional amounts budgeted in the various departmental operating budgets associated with the use of such vehicles and equipment, thereby helping to ensure the financial sustainability of the Capital Replacement Equipment Fund;
WHEREAS, the fiscal year 2023-24 adopted operating budgets include amounts budgeted in both the Capital Replacement Equipment Fund and in various departmental operating budgets for the purchase or replacement of various vehicles and equipment; and WHEREAS, Poway Municipal Code Section 3.28.110 provides for the use of cooperative purchasing programs for the purchase of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The purchase of four full-size cabs and chassis from Downtown Ford Sacramento utilizing the California Department of General Services State Contract No. 1-22-23- 20F, at total cost of $230,851.98 is authorized.
SECTION 2: The purchase of one light-duty pickup truck from Downtown Ford Sacramento utilizing the California Department of General Services State Contract No. 1-22-23- 20F, at cost of $69,208.07 is authorized.
SECTION 3: The purchase of one rollback trailer from Trail King Industries, Inc. utilizing the Sourcewell Cooperative Purchasing Agreement No. 092922-TKI at a cost of $70,305.80 is authorized
5 of 6 ATTACHMENT A
October 3, 2023, Item #4
Resolution No. 23-
SECTION 4: The City Council authorizes the following appropriations: $7,837.06 from the General Fund Unassigned Fund Balance to Streets Maintenance account number 411040- 61040 for the purchase of one full-size cab and chassis; $24,402.44 from the General Fund Unassigned Fund Balance to Streets Maintenance account number 411040-61040 for the purchase of rollback trailer.
SECTION 5: The City Manager is hereby authorized to execute any documents necessary for these purchases.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of October, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DI SQ UALI Fl ED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
6 of 6
October 3, 2023, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
October 3, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Shravani Gupta Singavarapu, Associate Planner ~7
(858) 668-4609 or [email protected]
CITY COUNCIL
Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22-0005; a request to develop a drive-through restaurant with outdoor dining located at 12665 Poway Road and a determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162 This project is a proposal to demolish an existing 5,022-square-foot commercial building and redevelop the site with a 3, 144-square-foot drive-through restaurant, Raising Cane's, with outdoor dining located at 12665 Poway Road, in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A) approving the project and making the determination that the Project does not require additional CEQA review pursuant to CEQA Guidelines 15162.
Discussion:
The applicant is Jay Higgins, and the property owner is Deborah Falk Properties LLC. The subject property is a 0.93-acre site located at 12665 Poway Road, in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area as shown on Attachment B. The site is located at the southwest corner of Poway Road and lpai Waaypuk Trail. Surrounding land uses consist of Oscar's Mexican food restaurant to the east, Midas Auto repair shop to the north, The House to the west, and Kumeyaay lpai Interpretive Center to the south. The site is currently developed with an old commercial barn building and pavement. The site was previously used for inventory storage for the Ford dealership. Development of a drive-through restaurant is allowed within the CO district with the approval of a CUP and DR. The findings for the CUP are specified in Poway Municipal Code (PMC) Section 17.48.070 and provided in Section 2 of the Resolution. The findings for the DR are specified in PMC 17.52.010 and provided in Section 3 of the Resolution.
The applicant proposes to demolish the existing 5,022-square-foot commercial building and redevelop the site with a 3, 144-square-foot drive-through restaurant with indoor and covered outdoor 1 of 23
October 3, 2023, Item #5
dining. Other improvements associated with the project includes onsite parking, driveway access from Poway Road and lpai Waaypuk Trail, and the development of double drive-through lanes. The required number of parking spaces per PMC section 17.42 is 21 parking spaces and the project proposes 23 parking spaces. A covered outdoor dining area is proposed along the northern portion of the site between the drive-through lane and Poway Road. Landscaping will provide a buffer between Poway Road and the seating area. A separate walkway will provide access from Poway Road to the restaurant and the outdoor dining area. This will help promote a pedestrian friendly environment which is a key goal of the PRSP.
The proposed building is single story and will have a maximum height of 20.5 feet including a roof parapet which will screen rooftop equipment. As proposed, the exterior material features vintage cedar wood, brick, perforated metal panels, vertical metal shingles and steel metal windows with rustic earth tone colors, indicative of a modern industrial farm style architecture. The materials and colors have been strategically allocated on the fa~ade to break the vertical and horizontal surfaces of the architectural planes. The proposed elevations are included as Attachment D. To enhance the buildings contribution to Poway's "City in the Country'' character, staff is recommending the faux window glazing be replaced with wood or brick treatment and rooftop screening shall be solid, complimenting with the remainder of the building. This revision in architectural style would make the project consistent with the PRSP design guidelines.
Currently, lpai Waaypuk Trail is not fully improved as there is a sidewalk only on the east side of the road. lpai Waaypuk Trail fronting the project area shall be widened to its ultimate half-section width.
This widening would allow for the addition of parallel parking and a minimum 4-foot sidewalk along the west side of lpai Waaypuk Trail. The project includes a 10-foot public right-of-way dedication to accommodate the widening. A low wall will provide a buffer between drive-through lane and the lpai Waaypuk Trail sidewalk. A new streetlight would be installed adjacent to the driveway access from the lpai Waaypuk Trail as part of the street improvements.
A Local Mobility Assessment (LMA) report was submitted to evaluate project-related traffic associated with the drive-through component of the restaurant. The proposed drive-through can be accessed from lpai Waaypuk Trail and Poway Road. The proposed project would provide two drive-through lanes wrapping around the south, east and north side of the building. An order board would be located at each of the drive-through lanes. During off-peak hours, the two drive-through lanes would merge into a single lane prior to the pay and pick-up windows, providing a queueing capacity of 16 vehicles. During peak hours, the project site provides a total queuing capacity of 24 vehicles by keeping the second drive-through lane open which allows for an additional pay and pick up lane, as shown on Attachment E. During peak hours additional operational features will be implemented to decrease the amount of drive-through waiting time such as employee hand-held ordering and payment.
Additionally, access to the driveway at Poway Road will be limited, forcing most vehicles to access the driveway on lpai Waaypuk Trail to avoid queuing on Poway Road. The drive-through design and location are consistent with the guidelines set forth in the LMA and PRSP.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and certified by the City Council on December 5, 2017. This project is substantially consistent with the PRSP including its development standards and guidelines that were analyzed in the EIR. A traffic and parking analysis technical study was prepared that confirmed there are no substantial changes to either the project or surrounding circumstances, nor any new information that would require subsequent or supplemental environmental review pursuant 2 of 23
October 3, 2023, Item #5
to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163. Therefore, no further environmental analysis is required of the project.
An Archeological Assessment was prepared for the project by Terracon (dated September 2, 2022).
The Assessment reported no cultural resources were observed on the site as it is mostly paved, therefore the likelihood of previously unidentified cultural resource sites being present is considered low.
Fiscal Impact :
The proposed CUP 22-0006 and DR 22-0005 to develop a drive-through restaurant with outdoor dining has the potential to bring additional sales and property tax revenues to the City. HDL Companies, the City's sales tax consultant, provided estimated sales tax revenue ranging from $52,000 to $80,000 per year for a similar drive-through restaurant. In addition, the estimated increase in assessed value for the property will result in an increase of approximately $11,300 per year in property tax revenue.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, September 21 , 2023. A public notice was mailed to property owners and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Building Elevations
E. Queuing Exhibits
Reviewed/Approved By:
We~~e~
Assistant City Manager
3 of 23
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
October 3, 2023, Item #5
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 22-0006 AND DEVELOPMENT REVIEW 22-0005 FOR
THE CONSTRUCTION OF A DRIVE-THROUGH RESTAURANT
LOCATED AT 12665 POWAY ROAD; ASSESSOR PARCEL
NUMBER: 317-490-1400
WHEREAS, Conditional Use Permit (CUP) 22-0006 and Development Review (DR) 22- 0005 were submitted by Jay Higgins, applicant, for a proposal to demolish the existing 5,022- square-foot commercial building located at 12665 Poway Road in the Commercial Office (CO) land use district of the Poway Road Specific Plan (PRSP) area and to redevelop the site with a 3, 144-square-foot drive-through restaurant building and outdoor dining space; WHEREAS, on October 3, 2023, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: This project replaces an existing commercial building with a new restaurant and is substantially consistent with the PRSP. An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and certified by the City Council on December 5, 2017. This project is substantially consistent with the PRSP including its development standards and guidelines that were analyzed in the EIR. A traffic and parking analysis technical study was prepared that confirmed there are no substantial changes to either the project or surrounding circumstances, nor any new information that would require subsequent or supplemental environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163.
Therefore, no further environmental analysis is required of the project.
SECTION 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), to approve CUP 22-0006, are made as follows:
A. The location, size, design, and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the General Plan, and the development policies and standards of the City, including the PRSP, in that a drive-through is allowed on a property within the CO land use district of the PRSP with approval of a CUP, and will otherwise comply with all of the relevant codes and standards of the City of Poway.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that all business operations will occur inside the proposed drive-through restaurant with parking and circulation occurring within the parcel boundaries.
4 of 23 ATTACHMENT A
October 3, 2023, Item #5
Resolution No. 23-
C. The proposed use is in harmony with the scale, bulk, coverage, density of, and is consistent with, adjacent uses in that the project involves the demolition of the existing 5,022-square-foot commercial building and the construction of a smaller new 3, 144- square-foot drive-through restaurant.
D. There are adequate public facilities, services, and utilities available at the subject site to serve the proposed use.
E. There will not be a harmful effect upon desirable characteristics in that the project has been designed to be consistent with the drive-through guidelines contained in the PRSP.
F. The establishment of a drive-through restaurant will not adversely impact the capacity and physical character of the surrounding streets and/or the Transportation Element of the General Plan in that the project has been designed to handle the queueing of vehicles in the proposed drive-through lane and will not impact traffic flow on lpai Waaypuk Trail or Poway Road.
G. The site is suitable for the type and intensity of use or development that is proposed in that the proposed restaurant is smaller in size than the existing commercial building that is being replaced on the site and the project has been designed to handle onsite drive through traffic. Additionally, parking for the use will be accommodated onsite.
H. There will not be significant harmful effects upon the environmental quality and natural resources in that the site was previously graded, paved and fully developed and contains no natural habitat. Archaeological monitoring shall be conducted during ground-disturbing activities to ensure that if buried cultural materials, either historic or prehistoric are present, they will be handled in a timely and proper manner.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity, nor be contrary to the adopted General Plan.
K. The proposed conditional use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance), in that the proposed use is a conditionally permitted use and has been designed such that it will not result in significant environmental impacts.
SECTION 3: The findings for DR 22-0006, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows:
A The project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines.
Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City.
B. The project has been designed to minimize impacts on surrounding development by utilizing an architectural design that is substantially consistent with the PRSP and will be 5 of 23
October 3, 2023, Item #5
Resolution No. 23-
compatible with surrounding commercial center development. Therefore, the proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City.
C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed redevelopment project will complete improvements necessary for the proposed drive-through restaurant.
D. The design and improvements of the proposed development are substantially consistent with all elements of the Poway General Plan and the PRSP.
Section 4: The City Council hereby approves CUP 22-0006 and DR 22-0005 as shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this CUP and DR request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site, including the lease area.
D. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels.
E. The conditions of CUP 22-0006 and DR 22-0005 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
F. CUP 22-0006 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
G. Prior to opening of business, the Applicant shall apply to obtain a Business Certificate 6 of 23
October 3, 2023, Item #5
Resolution No. 23-
through the Customer Services Department of the City of Poway. Prior to a business Certificate, the Applicant shall comply with the following:
1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
2. Any signs proposed for the restaurant and drive-through shall be designed in accordance with the Sign Ordinance. The necessary Sign Permit(s) and Building Permit(s) approvals for signage shall be obtained prior to installation.
H. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit:
7 of 23
(Engineering)
1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing the vertical datum NAVD88, unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code shall be submitted. The applicant shall pay the grading permit and plan check fee according to the latest adopted master fee schedule.
2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development.
3. A drainage study addressing the impacts of the 100-year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer.
4. Water Quality Control - Design and Construction
The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. The applicant will be required to install approved trash treatment control devices and include these facilities in the SWQMP. a. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement (SWFMA) accepting responsibility for all structural Best Management Practices (BMP) maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The easement, operation and maintenance requirements shall be binding on the land as outlined in Chapter 16.104 of the Poway Municipal Code.
October 3, 2023, Item #5
8 of 23
Resolution No. 23-
b. Provide one copy of each of the exhibits necessary for the SWFMA. Exhibits shall include but are not limited to: Property and Easement Legal Descriptions, Site Plan, and an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the Poway Municipal Code.
c. Upon approval of the SWQMP, provide a PDF version.
5. Grading securities shall be posted with the City prior to grading plan approval per section 16.46.080 of the Poway Municipal Code. A minimum cash security of $2,000 is required in all instances.
6. The applicant shall pay the stormwater pollution inspection fee according to the latest adopted master fee schedule.
7. Following approval of the grading plans, posting of securities and fees, and receipt of four copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer along with four copies of the approved grading plans. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector.
8. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing vertical datum NAVO 88, unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The improvement plan shall include, at a minimum, the following features:
a. New sidewalk, curb and gutter along the west side of lpai Waaypuk Trail connecting to the existing sidewalk on the west side of the cul-de-sac. b. New driveways (one on Poway Road and one on lpai Waaypuk Trail). c. Replacement of the existing driveways with sidewalk, curb, and gutter. d. New streetlight on lpai Waaypuk Trail.
e. Water and sewer services to the property line.
f. The abandonment of any existing utility stubs to the project site that are not utilized with this development.
g. Transformers and other above ground utilities must be placed outside of the sight visibility triangle as specified in the Poway Municipal Code 17.22.100.C.
9. The public improvement plan shall be reviewed and approved to the satisfaction October 3, 2023, Item #5
9 of 23
Resolution No. 23-
of the City Engineer. Upon approval of the improvement plan, the applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.
10. Any existing and proposed public easements, dedications shall be depicted on the grading plans. Any proposed public easement dedications shall be submitted via separate easement submittal process prior to grading permit issuance. Public dedications include the ten-foot dedication required to the west of the existing lpai Waaypuk Trail right-of-way. A plat and legal, title report, and applicable fee shall be submitted.
11. Prior to start of any work within a City-held easement or right-of-way, a Right-of Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance.
12. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance.
13. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code by the engineer of record stating that all protected areas have been staked in accordance with the approved plans.
(Traffic)
14. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', utilizing vertical datum NAVO 88, unless otherwise approved by the City's project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The improvement plan shall include, at a minimum, the following features:
a. lpai Waaypuk Trail fronting the project area shall be widened to its ultimate half-section width. This includes a 21-foot paved roadway to allow for parallel parking and minimum 4-foot sidewalk.
15. The public improvement plan shall be reviewed and approved to the satisfaction of the City Engineer. Upon approval of the improvement plan, the applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for monumentation and public improvements.
October 3, 2023, Item #5
10 of 23
Resolution No. 23-
16. A 10-foot public right-of-way dedication along the east property line, adjacent to the lpai Waaypuk Trail right-of-way shall be dedicated for the widening improvements. Public dedications shall be submitted via a separate easement submittal process prior to grading permit issuance. A plat and legal, title report, and applicable fee shall be submitted.
17. Prior to the start of any work within a City-held easement or right-of-way, a Right of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. (Planning)
18. Archaeological monitoring shall be conducted during ground-disturbing activities to ensure that if buried cultural materials, either historic or prehistoric are present, they will be handled in a timely and proper manner. Written verification shall be provided to the Planning Division that a qualified archaeologist has been retained to implement the monitoring program. Provide documentation from the contracted archeologist advising of commitment to work on the project in accordance with the archeological report dated September 2, 2022, prepared by Terracon. Be advised that the contracted archeologist is required to attend the pre-construction meeting when the project grading permit is to be issued.
In the event unanticipated, buried prehistoric archaeological resources (lithic material, fauna!, pottery, etc.) or historical archaeological resources (ceramics, building materials, glassware, etc.) be unearthed during construction or any ground disturbing activities within the project footprint, resource treatments would become necessary. Once a potential resource has been identified, all work within 100-feet must be halted until the find can be assessed by a qualified archaeologist.
19. Label and dimension all surface improvements (e.g., walkways, patios, landscape areas). The grading plan shall indicate the location of the projects required trash enclosure area. The area shall be an adequate size to accommodate recycled material and composting bins in addition to the trash dumpster .
20. The grading and improvement plans shall show all existing trees on the site and call out if they are proposed to remain or to be removed. 21 . A Tree Removal Permit shall be obtained prior to the removal of all existing trees.
A separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and 111 of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918.
22. Landscape and irrigation on-site and within the right-of-way fronting the property shall be provided in accordance with the PSRP and the Poway Landscape and October 3, 2023, Item #5
Resolution No. 23-
Irrigation Design Manual. Plans shall be submitted and a minimum of one staff review shall be completed prior to issuance of a grading permit and/or improvement plan. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, PMC Chapter 17.41, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is a separate submittal from other Project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant.
a. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces except for parking spaces adjacent to the east side of the proposed building. Tree wells may be used to satisfy the parking lot tree planting requirement. Said trees shall be located to provide shade cover for the vehicles where practical.
b. The ratio of 15-gallon trees to 24-inch boxed trees or larger shall be four to one (4: 1).
c. Street trees shall be provided along Poway Road and lpai Waaypuk Trail in accordance with landscape design manual.
d. The landscape plan shall incorporate any replacement trees required by approved Tree Removal Permits.
e. The plans shall include shrubs to provide screening of the parking areas as seen from adjacent public streets.
f. The landscape plans shall include safety screening fence between the queuing aisle and the right-of-way on lpai Waaypuk Trail to the satisfaction of the Director of Development Services
g. Calipers, heights, and spreads at 15-year maturity shall be specified on the landscape plan and shall be to the satisfaction of the Development Services Director.
I. The applicant shall obtain a Building Permit associated with the proposed project. Prior to issuance of a Building Permit, the applicant shall comply with the following conditions:
11 of 23
1. The development shall comply with the current addition of the California Building Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Fire Code, California Energy Code and California Green Code at time of submittal to the Building Division. All development shall comply with state structural calculations and seismic safety requirements.
2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
October 3, 2023, Item #5
12 of 23
(Engineering)
Resolution No. 23-
3. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein.
Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.
4. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.
5. Applicant shall obtain a Grading Permit and complete rough grading of the site.
The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following:
a. Two copies of certification of line and grade for the lot, prepared by the civil engineer of work.
b. Two copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer.
The certification and report are subject to review and approval by the City.
6. The applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at time of permit issuance. (Traffic)
7. The Final Traffic Management Plan reflecting the different phases and queuing for the site shall be submitted and approved to the satisfaction of the City Engineer prior to Building Permit issuance.
8. The landscape plans shall include safety screening fence between the queuing aisle and the right-of-way on lpai Waaypuk Trail to the satisfaction of the Director of Development Services.
(Planning)
9. Applicable school impact fees shall be paid at the rate established at the time of Building Permit issuance. Please contact the Poway Unified School District for additional information at (858) 679-2570.
10. The building plans shall include details for all exterior lighting to demonstrate conformance with PRSP Section 4.6 and PMC Section 17.10.150(H), including, but not limited to, reflecting light downward, away from any road or street, and away from any adjoining residential development and providing lighting at building entrances with appropriately scaled light fixtures. Lighting shall be maintained in compliance with City standards by the Applicant for the life of the project. 11 . Signs proposed for this development shall be reviewed for compliance with the October 3, 2023, Item #5
Resolution No. 23-
City PMC section 17.40 for Comprehensive Sign Regulations and shall be approved under a separate Sign Permit.
12. All roof appurtenances including air conditioners, shall be architecturally integrated, screened from view, and sound-buffered from adjacent properties and streets as required by the Planning Division.
13. Exterior building materials and finishes shall reflect the approved elevations on file in the Development Services Department and the conditions contained herein to comply with the PSRP design guidelines to the satisfaction of the Director of Development Services. The proposed metal panels shall not be reflective material.
The faux window glazing shall be replaced with wood or brick treatment consistent with the remainder portion of the building. The rooftop equipment screening shall be solid complimenting the building materials.
14. The site plan shall show that all parking stalls to be double striped.
15. The site plan shall designate two employee parking adjacent to the driveway on the Poway Road. These parking spaces shall be striped as employee parking.
J. Prior to issuance of a Certificate of Occupancy, the applicant shall comply with the following conditions:
13 of 23
(Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.
2. All utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.
3. The drainage facilities, driveway, slope planting measures, all utility services shall be installed and completed by the property owner, and inspected by the Engineering Inspector for approval.
4. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.
5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project.
6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.
October 3, 2023, Item #5
(Planning)
Resolution No. 23-
7. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance.
8. Landscaping and irrigation on-site shall be installed per the approved landscape plans.
9. Prior to any use of the project site, or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
14 of 23
1. Raising Cane's is required to meet all applicable Poway Municipal Code, California Fire Code (CFC) and Building Codes for this project.
2. Commercial type 1 kitchen hoods with mechanical ventilation exhaust, protected by commercial kitchen fire suppression systems shall be required. Plans to be submitted directly to the fire department for review and approval.
3. Class K and ABC fire extinguishers are required throughout per the CFC.
4. Illuminated exit signage is required throughout per the CFC.
5. Emergency exit lighting is required throughout per the CFC.
6. Fire panic hardware is required throughout per the CFC.
7. An occupancy load sign is required per the CFC.
8. A fire department Knoxbox is required with master keys per the CFC.
9. Fire lanes shall be provided and maintained per the CFC.
10. Electrical and mechanical rooms shall be identified by signage and maintained free of any combustible storage.
11. The structure shall have an approved contrasting address number visible from the roadway fronting the property.
12. Fire protection equipment and systems shall be identified by signage.
13. Mechanical refrigeration shall comply with the CFC.
14. Cryogenic fluids shall comply with the CFC.
15. Type 1 hood cleaning schedules shall comply with the CFC.
October 3, 2023, Item #5
Resolution No. 23-
16. Kitchen fire suppression service schedules shall comply with the CFC.
17. Fire extinguisher service schedules shall comply with the CFC.
18. Cooking oil storage shall comply with the CFC.
L. Upon establishment of the proposed use, pursuant to CUP 22-0006 and DR 22-0005, the following shall apply:
15 of 23
1. To manage and promote efficient drive-through traffic flow during peak use hours, the business shall implement the approved Traffic Management Plan identifying the different phases and queuing for the site. Also, an operational practice of posting staff with electronic hand held menu order pads at the entrance of the drive through lane when queuing exceeds eight cars.
2. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding public streets.
3. Delivery and trash collection times shall be according to the approved Traffic Management Plan.
4. The parking areas and driveways shall be well maintained.
5. All existing lighting fixtures shall be maintained such that they reflect light downward, away from any road or street, and away from any adjoining premises.
6. No loudspeaker or order speaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone or electric bell or chime system.
7. All landscaping, including areas within the adjacent public right-of-way, shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped, and pruning shall not remove more than 25 percent of the trees' leaf surface.
8. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. (Public Works)
9. Public Stormwater manhole cover must be kept exposed and accessible in the landscaped area of the north side of property.
10. All landscaping involved with this development shall be maintained by the property owner to a service "A" including but not limited to trees, vegetation , and irrigation.
October 3, 2023, Item #5
Resolution No. 23-
SECTION 5: The approval of CUP 22-0006 and DR 22-0005, shall expire on October 3, 2023, at 5:00 p.m., unless, prior to that time, construction on the property in reliance on the CUP/DR approval has commenced.
SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of October 2023, by the following vote, to wit:
AYES:
NOES:
ABSTAINED :
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
16 of 23
October 3, 2023, Item #5
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October 3, 2023, Item #5
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LENGTH HEIGHT AREA PROPOSED GLAZING AREA
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EXHIBIT A
PHASE1-STANDARD
DRIVE THRU
OPERATIONS
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LEGEND
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PHASE 2 - TRAFFIC
MANAGEMENT PLAN
C923 SILVER LAKE DR & POWAY RD, POWAY, CA
09/21/2023
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LEGEND
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PHASE 3 - TRAFFIC
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C923 SILVER LAKE DR & POWAY RD, POWAY, CA
09/21/2023
VICINITY HAP
NOT TO SCALE'
LEGEND
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October 3, 2023, Item #5
DATE:
TO:
FROM:
SUBJECT:
Summary:
M EMQRAN DLJ M CityofPoway
October 3, 2023
Members of the City Council
Mayor Steve Vaus
Deputy Mayor Caylin Frank
Poway Center for the Performing Arts (PCPA) City Council Subcommittee In November 2019 the City Council held a workshop focused on the future of the City-owned Poway Center for the Performing Arts (PCPA). At the time Poway Unified School District (PUSD) had approached the City about PUSD potentially purchasing the PCPA. The City Council directed staff to pursue discussions with PUSD about the potential sale of the facility and report back. Both during and after the workshop, the City Council heard concerns from residents and user groups about the potential sale. In response to those concerns, at the July 21, 2020 City Council meeting, Mayor Vaus formed a new City Council PCPA Subcommittee comprised of then Deputy Mayor Barry Leonard and Councilmember Dave Grosch. The subcommittee was tasked with working with the user groups to discuss future operations of the PCPA. Ultimately through the recommendations of the subcommittee, the City chose not to pursue selling the PCPA and affirmed the PCPA would stay under City ownership and management. Following the decision to keep the PCPA under City ownership, at the April 6, 2021 City Council meeting, the City Council had a comprehensive discussion about PCPA operations and provided direction to staff on a number of follow up items aimed at addressing the long term financial sustainability of the PCPA and insuring effective and efficient operations of the facility. The PCPA Subcommittee has worked with staff on several of those follow up projects, including participating in the PCPA fundraising feasibility study and assisting with the evaluation of proposals received for the PCPA Operational Analysis and Fee Study.
Due to changes on the City Council, the PCPA Subcommittee is currently inactive. With work on the operational analysis and fee study concluding, it is important to select new City Councilmembers to serve on the subcommittee to be a part of evaluating the study's findings and developing final recommendations for City Council consideration. In addition to working on these recommendations, staff also plans to include the subcommittee in the development of the request for proposals (RFP) for a professional mainstage presenter and the evaluation of the proposals received.
Based on the fact Mayor Vaus and Deputy Mayor Frank have been a part of all City Council discussions and actions related to the PCPA since the 2019 City Council workshop, it is recommended we be selected to serve as the new PCPA Subcommittee members . 1 of 2
October 3, 2023, Item #6
Recommended Action:
Mayor Vaus and Deputy Mayor Frank request concurrence that they serve as the new members of the PCPA Subcommittee.
Attachments:
None
Reviewed/ Approved By
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved B~{
~
City Manager
October 3, 2023, Item #6