July 16, 2024, Item #2
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
July 16, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the May 21, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 21, 2024 Regular 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 May 21, 2024 Regular City Council Meeting Minutes .
Public Notification:
None.
Attachments:
A. May 21, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
i)~ L-,--->
Wend aserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney City Manager
July 16, 2024, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
May 21, 2024
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 Regular Meeting to order at 7:00 p.m.
ROLL CALL:
Present: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, $teve Vaus STAFF MEMBERS PRESENT:
City 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 Brad Rosen; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Claudia Delgado, Sheriff's Department.
(Note: 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 MayorNice 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.
PUBLIC COMMENT:
Joe St. Lucas spoke regarding National Fibromyalgia Awareness Day and shared details regarding the diseases' effects on the body.
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ATTACHMENT A
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1, 2 and 4 through 11. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Pepin, De Hoff, Edmondson, Frank, Vaus
None
None
None
Disqualified: None
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 3. Motion carried 4/1 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
De Hoff, Edmondson, Frank, Vaus
Pepin
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 2, 2024, and April 16, 2024 Regular City Council Meeting Minutes
3. Second Reading and Adoption of Ordinance No. 868 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Section 2.04.020 of the Poway Municipal Code to Increase Mayor and Council Compensation"
4. Approval of the Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and 3.05 of the Joint Powers Agreement
5. Second Extension of the Fiscal Year 2021-22 Street Overlay Project Contract for the Fiscal Year 2023-24 Street Overlay Project with Hazard Construction ENGR, LLC, Bid No. 22-011, Approval of Consultant Agreement for Construction Management Services with Reddy Engineering Services, Inc., RFP No. 24-019, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
6. Award of Contract to DBX, Inc., for the Poway Road Safety Improvements Project, Bid No. 24-003, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
7. Poway Housing Successor Annual Report for Fiscal Year 2022-23
8. City's Investment Report as of March 31, 2024
9. Annual Investment Policy Review
10. Approval of Agreement between the City of Poway and Gary F. Hoyt Landscape Architecture, Inc. and lnterwest Consulting Group, Inc., for as-needed Landscape Plan Check and Inspection Services
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July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
11. Acceptance of Public Improvements for the Poway Commons Project, Street Improvement Plan 20-0002
ORDINANCES FOR INTRODUCTION:
None.
PUBLIC HEARINGS:
12. Amendments to Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code Regarding Minor Development Review Applications; Zoning Ordinance Amendment (ZOA 24-0002) Mayor Vaus opened the Public Hearing at 7:05 p.m.
City Planner Stan Donn presented the item. He stated, per Council's directive at the February 6 2024 Regular meeting, staff prepared amendments to the Poway Municipal Code (PMC) to eliminate the Minor Development Review Application (MORA) requirements for the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts.
By eliminating the MORA requirements, the mechanism to identify all necessary permits and approvals with a project is also eliminated. In the absence of the MORA requirement, staff have developed an applicant information sheet to provide guidance when projects trigger approvals in addition to a building permit. Examples of projects which could trigger additional requirements were provided.
Mr. Donn added, the applicant will be responsible for placing a City provided sign at the front of the property as a public noticing requirement. He stated the elimination of the MORA requirement will reduce costs and time associated with the development process for applicants as well as increase staff's availability to review and manage other more complex discretionary projects.
Public Comment:
Eric Weller, on behalf of Poway Voices, spoke in opposition to Item #12 and the removal of the MORA requirement .
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7: 11 p.m.
Council discussion ensued. Council and City staff discussed private property rights, public noticing signage requirements and the public's access to new notices and building permits via the City's website. Council confirmed building project applicants are still required to submit all technical documents and plans with their building permit application. Council responded positively to the amendments, citing improved efficiencies and the reduction of unnecessary costs and time associated with the MORA development process.
As requested by the Mayor, City Clerk Gallagher titled the Ordinance and took a roll call vote.
Ayes: De Hoff, Edmondson, Pepin, Frank, Vaus
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July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Noes: None
Abstained: None
Absent: None
Disqualified: None
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to introduce Ordinance No. 869 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code to Eliminate the Minor Development Review Requirement for Certain Types of Projects" waive further reading and schedule the adoption of the Ordinance for the June 4, 2024 Regular City Council meeting. Motion carried 5/0.
13. Conditional Use Permit 24-0004 and Development Review 24-0001, a Request to Modify the Approved Conditional Use Permit 22-0006 and Development Review 22-0005 by Relocating the Outdoor Dining Area for Raising Cane's, located at 12665 Poway Road (APN 317-490-14-00)
Mayor Vaus opened the Public Hearing at 7:19 p.m.
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.
She provided zoning map images for the property and adjacent parcels, and aerial and street view photographs of the current site and condition. She added the subject property is a .93- acre site. Ms. Piscitelli noted, Council's 2023 approval of the Raising Cane project, authorized demolishing the existing building and pavement and replacing with new drive-through restaurant building with two drive-through lanes and a covered outdoor dining space along Poway Road.
Ms. Piscitelli stated, Conditional Use Permit (CUP) 24-0004 and Development Review (DR) 24-0001 modification proposes relocating the outdoor dining area from the northerly portion of the site fronting Poway Road to the area abutting the building's south elevation and would accommodate approximately 66 seats. She added the applicant has proposed to turn the northerly portion of the site facing Poway Road into a landscaped area with benches, providing shade and rest for pedestrians. This modification adheres to the Poway Road Specific Plan (PRSP) goals with the landscape buffer for pedestrians on Poway Road.
Ms. Piscitelli explained, Council's prior approved conditions are still applicable. This project is substantially consistent with the Specific Plan (SP) including its development standards and guidelines that were analyzed in the Environmental Impact Report (EIR). No other changes other than the location of the outdoor dining area are requested for approval.
Lester Tucker of L.T. Development Corporation, speaking on behalf of the applicant, noted the modifications to the dining area were requested by Raising Cane's due to public safety concerns, he added the new design is able incorporate an additional 900 square feet of landscaping on the project site.
Public Comment:
None.
End of Public Comment.
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July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Mayor Vaus closed the Public Hearing at 7:24 p.m.
Council discussion ensued. They responded positively to the proposed modifications, describing them as an improvement, noting the additional landscaping, pedestrian safety, walkability and the addition of new benches along Poway Road.
Motioned by Deputy Mayor Frank, seconded by Councilmember De Hoff to adopt Resolution No. 24-021 entitled "A Resolution of The City Council of The City of Poway, California Approving Conditional Use Permit 24-0004 and Development Review 24- 0001, a Modification of Conditional Use Permit 22-0006 and Development Review 22- 0005, for the Construction of a Drive-Through Restaurant, Located at 12665 Poway Road; Assessor's Parcel Number 317-490-1400." Motion carried unanimously.
STAFF REPORTS:
14. Underground Waiver (UW) 23-0002; a Request for a Waiver of the Requirement to Underground an Existing Overhead Pole and Utility Lines by Paying an In-Lieu Fee to be Established by Resolution of the City Council
Senior Civil Engineer Sara Trunzo presented the item along with a PowerPoint presentation.
She provided an aerial photo of the property and the overhead utility lines and poles that run through the subject and neighboring properties on Creek Road. The proposed development consists of demolition of an existing single-family home and construction of a new single family residence per MORA 21-028.
Ms. Trunzo explained the Minor Development Review Application (MORA) requires the undergrounding of any overhead utility lines spanning the property. Per City policy established by Resolution No. 91-003, the project qualifies for a waiver of the requirement to underground utilities, and the property owner has the option of paying an in-lieu fee to be established by resolution of the City Council.
SDG&E informed City staff electrical services for the adjacent properties fronting Creek Road will be provided by new underground electrical lines, thus the project will extend the underground electrical lines in Creek Road to serve the new residents. She explained the applicant is placing underground service lines along the frontage of their property, requiring the removal, relocation and installation of the existing overhead poles.
Ms. Trunzo noted the in-lieu fee is the actual cost of the work to remove the overhead lines within the property and relocate an overhead pole. The fee is calculated at $9,493.20 and would be kept in an account held by the City until the work is completed. The applicant has recorded a covenant agreeing not to oppose a future utility undergrounding district and to pay their pro rata share of the actual removal costs of the existing overhead transmission lines within the property.
Public Comment:
George Wu spoke in opposition to Item #14 due to safety concerns related to the overhead utility lines.
End of Public Comment.
Council discussion ensued.
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July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 24-022 entitled "A Resolution of The City Council of The City of Poway, California Establishing an In-Lieu Fee Amount to be Paid by the Applicant for the Deferral of Undergrounding Requirements for Minor Development Review Application 21-028, Assessor's Parcel Number 320-020-19-00." Motion carried unanimously.
15. Pre-Development Conference 24-0001, a Proposal for a Specific Plan Amendment to Allow a Car Wash as a Conditional Use in the Mixed Use Land Use Designation in the Poway Road Specific Plan, APN 317-540-64-00
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.
She noted this item is advisory only, and added Council will not be asked to make decisions on the matter this evening. She provided details on the proposed project, including site location, size, zoning and land use, access, pedestrian activity, project architecture, and the adjacent properties. Ms. Piscitelli noted both builder and City requirements if the project was to move forward.
Daniel Freedman, counsel for Super Star Car Wash, provided a PowerPoint presentation.
Applicant and property owner Mike Foster provided additional information regarding the proposed project.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council provided background on the Poway Road Specific Plan (PRSP), recounting the development process and its implementation. Council addressed concerns over lack of pedestrian access; curb appeal; increased traffic; the aesthetics of the proposed architectural style; and lack of retail, commercial and dining elements. Council responded positively to the opportunity to improve the property, noting the dilapidated state of the property. Council cited automotive commercial uses as being a prohibited land use under the PRSP and expressed strong hesitancy in making any changes or exceptions for the proposed project.
Council provided input and direction regarding the request as recommended.
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Mayor Vaus announced the annual Memorial Day Commemoration taking place at Dearborn Memorial Park in Poway.
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July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
ADJOURNMENT:
The meeting was adjourned at 7:59 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California