[CALL TO ORDER]
[00:00:10]
2025 REGULAR CITY COUNCIL MEETING TO ORDER. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER BLAINE? THE RECORD WILL REFLECT ABSENT COUNCIL MEMBER MAITA HERE.
COUNCIL MEMBER PIKUS HERE. DEPUTY MAYOR DEHOFF HERE AND MAYOR VOSS HERE. DEPUTY MAYOR DEHOFF, PLEASE LEAD US IN THE PLEDGE. ALL RISE. BEGIN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. NOW, IF YOU WOULD, PLEASE JOIN US FOR OUR MOMENT OF SILENCE. THANK YOU. FIRST ON THE AGENDA IS PUBLIC COMMENT. IN ACCORDANCE WITH
[PUBLIC COMMENT]
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 MINUTES. YOU HAVE ONE OPPORTUNITY TO ADDRESS THE COUNCIL UNDER PUBLIC COMMENT, AND WE HAVE ONE SPEAKER, PETE NEILD. PETE NEILD, BURWOOD COURT, POWAY, CALIFORNIA. AND I'M HERE TODAY ON ELECTION DAY BECAUSE THAT STARTED MY SECOND VOLLEY INTO POWAY POLITICS, WHERE I THREW MY HAT IN FOR CHRIS. YOUR POSITION. BUT IT BRINGS BACK TO MY THINKING NEIGHBORHOOD REPRESENTATION.NOW, I'VE HAD A MEETING WITH YOU, MR. VOSS. CHRIS, ABOUT NEIGHBORHOOD REPRESENTATION.
AND ONE OF THE THINGS THAT MOTIVATED ME TO DO THAT WAS THE FACT THAT EVEN THOUGH YOU DID A SPECTACULAR JOB OF LAYING OUT THE DISTRICTS WITHIN POWAY FOR POPULATION, EMPLOYMENT, ALL THOSE THINGS WAS A VERY WELL DONE DISTRICT MAP. THERE'S BEEN SOME CHANGES OVER THE YEARS AND NOT RELATED TO PROPOSITION 50. I THINK THAT THE THINGS THAT I HEARD ABOUT WHEN I RAN FOR DISTRICT ONE, EVEN THOUGH IT WAS NOT DISTRICT ONE, IT'S SOMETHING WE OUGHT TO PAY ATTENTION TO. AND THAT IS WHERE WE BREAK THE DISTRICT DOWN THE MIDDLE OF THE STREET SEPARATING NEIGHBORHOODS, PARTICULARLY JENNY. THIS AFFECTS YOU TREMENDOUSLY. AS YOU KNOW, CHRIS, ON THE PERIPHERY OF IT. PETER, YOU'RE IN THE MIX TO DO THAT. BUT. IT'S GONE BEYOND JUST THE HOBBY STAGE. IT NEEDS OFFICIAL CONTACT WITH THE REGISTRAR OF VOTERS TO MESS AROUND WITH THE STUPID DISTRICT BOUNDARIES AND CORRECT THOSE ERRORS. AND THEN WITH THE ADDITIONAL POPULATION FACTORS WITHIN THE CITY OF POWAY THAT HAVE TAKEN PLACE SINCE THEN, PERHAPS DISTRICT FOUR WILL LOOK A LITTLE BIT DIFFERENT THAN THE WAY IT DOES TODAY, EVEN THOUGH IT WAS THE ONE THAT HAD MOST OF THE NEIGHBORHOOD SPLIT UP. BUT IF WE CAN GET TO THAT POINT, WE CAN GET TO THE POINT WHERE THE PEOPLE'S CONCERNS ARE THEIR IMMEDIATE NEIGHBORHOODS, AND THEY CAN TALK TO THE APPROPRIATE COUNCIL PERSON TO KEEP THAT IN MIND. WHEN THINGS COME BEFORE YOU FOR DECISION MAKING, IT COMES UP TIME AND TIME AGAIN. NOW, THE ONLY ONE THAT I CAN THINK OF, CHRIS, IS THE FACT THAT DISTRICT ONE HAS A SECTION OF ITS DISTRICT THAT RUNS TO THE WEST OF POMERADO ROAD, TO THE NORTH OF TWIN PEAKS. WELL, WE CAN DO SOME TRADING OFF THERE WITH DISTRICT THREE AND DISTRICT TWO. THAT WOULD ALLOW SOME OF THE AREA THAT REALLY SHOULD BE IN JENNY'S AREA TO BELONG TO JENNY, AND WE CAN DO SOME MOVING AROUND. SO TO SAVE A BUNCH OF EMAILS AND REQUESTS FOR MEETINGS, I FIGURED I'D TAKE IT UP TONIGHT AT PUBLIC COMMENT. I PUT MYSELF AND MY WORK AT YOUR DISPOSAL. MAYOR, THREE CITY COUNCIL PEOPLE PRESENT. LET'S GET THIS RIGHT. THANK YOU. THANKS, PETE. THAT CONCLUDES
[CONSENT CALENDAR]
OUR PUBLIC COMMENT. NEXT ON THE AGENDA IS A CONSENT CALENDAR. I HAVE NO SPEAKERS. I'M HAPPY TO MOVE APPROVAL ON ITEMS ONE THROUGH SIX OF CONSENT. NEED A SECOND? A SECOND, SECOND. I'D[00:05:08]
LIKE TO PULL ITEM SIX FROM THE CONSENT CALENDAR. ITEM SIX. OKAY. GO AHEAD. I OPPOSE THIS ACTION AS EXCIPIENTS BACK IN APRIL, BECAUSE I DID NOT AGREE WITH THE RATIONALE THAT WE NEEDED TO PREVENT A LAWSUIT BY INITIATING A LAWSUIT. AT THE TIME, THERE WAS NO LEGAL PRECEDENT THAT DEMONSTRATED SUCH A THREAT EXISTED. WHY NOT JUST WAIT AND CROSS THAT BRIDGE WHEN WE GET THERE, IF WE EVER GET THERE? I HAD FULL CONFIDENCE IN MR. FENSTERMAKER ABILITY TO DEFEND THE CITY IF NEEDED, ESPECIALLY SINCE WE HAVE EXTENSIVE RECORDS SHOWING THAT OUR STAFF HAS GONE TO GREAT LENGTHS TO EDUCATE COUNCIL MEMBER BLAINE AND TRY TO GET HIM TO COMPLY WITH THE PUBLIC RECORDS ACT. DESPITE MY OPPOSITION, COUNCIL MEMBER BLAINE HAS BEEN HARASSING AND ACCUSING ME OF BRINGING FRIVOLOUS LAWSUITS AGAINST HIM.AND AS HE CONTINUES TO TRY MY PATIENCE, I AM TEMPTED TO CHANGE MY STANCE AND DO EXACTLY WHAT HE'S ACCUSED ME OF. BUT AS MUCH AS I WOULD LOVE TO BE VENGEFUL RIGHT NOW, IT WOULD BE WRONG TO BE PETTY ON TAXPAYER DOLLARS. THE MAJORITY OF MY CONSTITUENTS ARE NOT INTERESTED IN FOOTING THE BILL WHEN THERE IS SO LITTLE TO BE GAINED. THE RECALL AND THE DA INDICTMENTS ARE ENOUGH. I HATE THAT THIS CASE IS BUILT ON RECORDS I PROVIDED. I HATE THAT WE'RE SPENDING SO MUCH TIME AND MONEY ON THIS, AND I HATE THE PROSPECT OF INNOCENT RESIDENTS BEING SUBPOENAED FOR THIS. BUT I DO RECOGNIZE THAT SOMEONE OR SOMETHING NEEDS TO STOP COUNCIL MEMBER BLAINE BECAUSE HE CAN'T SEEM TO STOP HIMSELF. I HAVE BEEN WRESTLING WITH THIS DECISION ALL WEEK AND I AM STILL CONFLICTED, SO I WILL ABSTAIN. ALAN, WOULD YOU LIKE TO RESPOND TO THAT AT ALL? JUST FROM A LEGAL PERSPECTIVE? I. OFE IF IT'S HELPFUL. JUST ONE, HE RESPONDED. HE DELETED EVERYTHING. THE SECOND FEW HE INDICATED HE HAD NO HE HAD NO CITY BUSINESS ON ANYTHING OTHER THAN THE CITY EMAIL. AND THEN WHEN WE PUSHED BACK ON THAT BASED ON NUMBER OF TEXTS AND ALSO, YOU KNOW, HUNDREDS OF EMAILS ON HIS YAHOO ACCOUNT THAT WE HAD ALREADY SEEN TRYING TO MAKE SURE WE COMPLY WITH THE LAW, HE HE SIMPLY SAID HE WOULD NO LONGER RESPOND TO THE CLERK. HE ALSO REFUSED TO SIGN THE AFFIDAVITS, AFFIRMING THAT HE SEARCHED HIS OWN DOCUMENTS AND WOULD USUALLY RESPOND RIGHT AWAY WITHIN THE DAY. SO WE WERE SUSPICIOUS THAT HE WASN'T ACTUALLY SEARCHING HIS DOCUMENTS. OUR CONCERN WAS THE REQUESTERS FILING A SUIT BECAUSE THE SEARCH WASN'T DONE. AROUND THE SAME TIME, A CONCERNED RESIDENT CAME TO ME ACTUALLY DIRECTLY, SOMEONE I DID NOT KNOW, AND SHOWED ME A TEXT MESSAGE FROM COUNCIL MEMBER BLAINE THAT SAID PLEASE MOVE TO THE SIGNAL APPLICATION BECAUSE I WANT TO AVOID COMPLYING WITH THE PUBLIC RECORDS ACT, RECORDS ACT, AND THE SIGNAL APPLICATION I WAS AWARE OF AS AN END TO END ENCRYPTION APPLICATION THAT HAS AN AUTO DELETE FEATURE. I'M AWARE OF IT FROM LISTENING TO PODCASTS ABOUT FBI INVESTIGATIONS WHERE CRIMINALS USE THIS TYPE OF APPLICATION. SO I THAT WAS VERY CONCERNING TO ME HAVING KNOWLEDGE OF THAT. SO WITH ALL THAT IN MIND, WE WEREN'T SURE WHAT TO DO FRANKLY AND HOW TO COMPLY WITH THE LAW. SO WE CONSULTED WITH THIS OUTSIDE LAW FIRM. WHAT'S IN FRONT OF YOU TODAY FOR THEIR UNBIASED OPINION. THEY THEIR OPINION THAT WE SHOULD FILE A LAWSUIT TO MAKE SURE THAT WE DON'T AID AND ABET, NOT ONLY NOT PROVIDING PUBLIC RECORDS THAT ARE IN HIS POSSESSION, BUT ALSO SUPPORT DELETING PUBLIC RECORDS, WHICH, AS WE NOW KNOW, IS ALSO A FELONY. THE DISTRICT ATTORNEY APPARENTLY AGREES. SO THAT'S WHERE WE ARE HERE. I THINK THIS CASE SHOULD HAVE LONG AGO ENDED. FRANKLY, WE NOW HAVE SOLID PROOF THROUGH DISCOVERY THAT MANY, MANY, MANY RECORDS WERE DELETED. MANY WERE WITHHELD. COUNCIL MEMBER BLAINE CONTINUES TO FIGHT TOOTH AND NAIL CALLS THIS CASE FRIVOLOUS IN DAILY EMAILS I'VE RECEIVED, INCLUDING UP TO JUST THIS WEEK WHILE ON DEPLOYMENT, NEARLY DAILY EMAILS FROM HIS PRIVATE EMAIL ACCOUNT WHERE HE STILL CONDUCTS CITY BUSINESS. SO IF THIS CASE COULD EASILY GO AWAY IF HE COMPLIED WITH THE LAW AND FRANKLY REIMBURSED THE CITY FOR THEIR ATTORNEY'S FEES, WHICH HE SHE SHOULD DO UNDER THE LAW FOR VIOLATING THE PRA ENFORCING THIS WRIT. SO THIS COULD HAVE ENDED MONTHS AGO. LIKE I SAID, THERE'S BEEN LOTS OF LACK OF RESPONSE TO DISCOVERY. FORCED MOTIONS TO COMPEL EVERYTHING THUS FAR HAS BEEN SUCCESSFUL BY OUR COUNCIL. THIS IS ALL AN OUTSIDE COUNSEL DOING ALL THIS. AND I YOU KNOW, FRANKLY, I HATE TO SEE IT AS WELL, BUT THERE'S
[00:10:05]
NO REASON FOR THIS CASE TO CONTINUE OTHER THAN COUNCIL MEMBER BLAINE REFUSING TO CONTINUOUSLY REFUSING TO COMPLY WITH THE LAW, INCLUDING, AS OF SEVERAL DAYS AGO, USING NON CITY EMAIL FOR CITY BUSINESS. TO THIS DAY. THEREFORE, WE FELT IN OUR OUTSIDE COUNSEL FELT WE HAD AN OBLIGATION TO PURSUE THIS AND GET A COURT ORDER INDICATING THAT HE HAD TO COMPLY WITH THE LAW BECAUSE THAT APPARENTLY IS THE ONLY THING THAT'S GOING TO WORK. SO I FEEL THAT OUR OUTSIDE COUNSEL HAS DONE AN EXCELLENT JOB. AND, YOU KNOW, THIS IS A LOT OF MONEY. BUT UNFORTUNATELY, I THINK, YOU KNOW, WE'VE BEEN FORCED TO SPEND IT. AND THERE'S ONLY ONE PERSON THAT THAT CAN STOP IT. SO THANK YOU, MR. PICKLES. THANK YOU. I HAD A LONGER STATEMENT PREPARED, BUT ALAN PRETTY MUCH SUMMED UP A LOT, SO I'LL TRIM IT DOWN. THIS IS BASICALLY A LAWSUIT BY THE CITY TO RECOVER MISSING CITY RECORDS, SO THAT THE CITY CAN COMPLY WITH THE CALIFORNIA PUBLIC RECORDS ACT. AND THE CALIFORNIA CONSTITUTION SAYS IT'S THE PUBLIC'S RIGHT TO KNOW WHAT THEIR GOVERNMENT IS DOING. AND I AGREE THAT THE PUBLIC SHOULD KNOW. AND BOTH THE ENABLING LEGISLATION AND THE ASSOCIATED CASE LAW ARE TAKE A VERY EXPANSIVE VIEW ON WHAT CONSTITUTES A DISCOVERABLE CITY RECORD. ALAN SUMMARIZED THE DETAILS OF WHAT HAPPENED, BUT BASICALLY, TONY REDIRECTED HIS CITY EMAIL ACCOUNT TO SEND EVERYTHING OVER TO HIS YAHOO ACCOUNT, AND HE'S RUNNING HIS HIS OFFICE FROM HIS YAHOO ACCOUNT. AND WE HAVE NO WAY OF RECOVERING THOSE RECORDS. SO TO ME, THIS IS ALMOST LIKE THE DIGITAL EQUIVALENT OF STEALING THE FILE CABINET FROM CITY HALL AND NOT GIVING IT BACK. AND WE'RE THIS IS WHAT THE LAWSUIT IS PRETTY MUCH ALL ABOUT. IS THAT PRODUCE THESE DOCUMENTS, SEND THEM TO THE CITY'S OFFICE, AND THAT'LL BE IT. AND THIS HAS BEEN DRAGGING ON THROUGH NO FAULT OF THE CITY. AND SO THAT'S WHY WE FILED THAT WRIT OF MANDATE, ESPECIALLY ESSENTIALLY ASKING THE JUDGE TO ORDER TONY BLAINE TO DO HIS JOB AND LIVE UP TO HIS OATH OF OFFICE, COMPLY WITH THE LAW AND DELIVER THESE RECORDS TO THE CITY. SO, AS IN OUR 100 AND SOME PAGE AGENDA PACKET, YOU'LL SEE A WHOLE BUNCH OF MOTIONS GOING BACK AND FORTH. THERE WAS A HEARING LAST WEEK, AND APPARENTLY HE GOT SANCTIONED A BIT FOR THIS STONEWALLING, THIS INVESTIGATION. I THINK THIS IS VERY SAD. HOWEVER, THE CITY HAS AN OBLIGATION TO DO EVERYTHING IT CAN TO RECOVER THESE CITY RECORDS. THE CITY MUST PURSUE THIS LITIGATION, RECOVER THESE RECORDS, AND IT ALL COULD HAVE BEEN AVOIDED IF TONY OBEYED THE OATH OF OFFICE THAT HE TOOK LESS THAN A YEAR AGO AND RETURNED THESE RECORDS WHEN FIRST REQUESTED. SO THIS ALL TAKES TIME. AND MORE TO THE POINT, LAWYER'S TIME AND TIME IS MONEY, AND RIGHT NOW WE NEED TO OUR WHAT WE WE'VE ALREADY SPENT UP TO OUR ORIGINAL APPROPRIATION AND WE'RE BEING ASKED TO SPEND MORE. THIS IS NOT MALICE. IT'S NOT A VENDETTA. IT'S NOT LAWFARE. IT'S JUST THE CITY TRYING TO PROTECT ITSELF. BECAUSE WITHOUT, YOU KNOW, WITHOUT THOSE RECORDS, WE COULD BE IN TROUBLE. LIKE, AS ALAN SAID, ABETTING THE DESTRUCTION OF CITY RECORDS. SO I'M NOT HAPPY ABOUT THIS. I'M REALLY NOT HAPPY ABOUT SUING ANOTHER CITY COUNCIL MEMBER, BECAUSE THAT'S PRETTY MUCH THE NUCLEAR OPTION WHEN EVERYTHING ELSE HAS FAILED. AND I HATE SPENDING THE CITY'S MONEY IF IT CAN BE AVOIDED. SO THERE ARE BETTER THINGS WE COULD HAVE DONE WITH THIS MONEY, LIKE A BETTER HOLIDAY CELEBRATION OR ANOTHER FIREWORKS DISPLAY ON THE 4TH OF JULY, OR A LARGER FIREWORKS DISPLAY, OR MORE HOURS AT THE PARKS AND COMMUNITY CENTER, OR MAYBE MORE LANDSCAPE MAINTENANCE. HOWEVER, WE MUST SPEND THIS MONEY AND PURSUE THIS CASE. AND FOR THAT REASON, I MOVE THAT WE WE INCREASE THE SPENDING LIMIT. THANK YOU.THANK YOU, MR. DAYHOFF. THANK YOU. FOR ME, THIS LAWSUIT REALLY DOESN'T TAKE ANY MENTAL GYMNASTICS TO UNDERSTAND. YOU KNOW, AT ITS CORE, IT'S REALLY ABOUT THE FUNDAMENTALS, THE FUNDAMENTAL PRINCIPLES OF GOOD GOVERNANCE. A GOVERNMENT THAT OPERATES IN SECRECY CANNOT REMAIN UNCORRUPTED FOR VERY LONG. AND TRANSPARENCY IN GOVERNMENT AFFAIRS IS NOT OPTIONAL. I THINK IT'S ESSENTIAL, AND IT'S AN ESSENTIAL PART OF THINGS OF WHAT WE DO HERE. I REALIZE THERE ARE COSTS ASSOCIATED WITH THIS IN THE LAWSUIT. THE CITY DOES SEEK TO RECOVER THOSE LEGAL COSTS. IT'S RIGHT THERE IN THE DOCUMENT, IN PLAIN ENGLISH, AND I DO SUPPORT THAT EFFORT. I HOPE THE JUDGE SEES THIS FOR WHAT IT IS, WHICH IS A CLEAR VIOLATION BY COUNCILMAN BLAINE OF BOTH THE LAW AND HIS DUTY AS A SITTING COUNCIL MEMBER. NOW, IT IS WORTH NOTING THAT COUNCIL MEMBER BLAINE HIMSELF HAS COMPLAINED ABOUT THIS MATTER COSTING THE CITY MILLIONS OF DOLLARS. WELL, HOPEFULLY HE WILL HAVE A WAY TO ADDRESS THAT SOON ENOUGH. BUT TRUTHFULLY, EVEN IF THE CITY COULD NOT RECOVER THOSE COSTS,
[00:15:03]
PURSUING THIS CASE WOULD STILL BE WORTH IT, BECAUSE IT'S REALLY NOT OUT OF SPITE, AS CHRIS SAID, TO DIG UP HIS SECRETS. A LOT OF PEOPLE, YOU KNOW, DO HAVE INTEREST IN THAT.PERSONALLY, I DON'T HAVE ANY REAL CARE FOR IT. BUT THIS CASE IS IMPORTANT BECAUSE IT REAFFIRMS A SHARED CORE VALUE THAT WE ALL HAVE AND THAT IS OPEN GOVERNMENT MATTERS. SO I WILL VOTE IN FAVOR OF THIS ACTION, BOTH TO HOLD COUNCIL MEMBER BLAINE ACCOUNTABLE FOR HIS WRONGDOINGS AND IDEALLY, TO RECOVER THESE LEGAL COSTS ON BEHALF OF THE TAXPAYERS.
BRIEFLY, I HATE SPENDING MONEY THAT WE SHOULDN'T HAVE TO SPEND, BUT HOW WE DIDN'T CHOOSE THIS FIGHT, IT WAS FORCED ON US BY SOMEONE WHO RAN ON A PLATFORM OF HONESTY, TRANSPARENCY, ACCOUNTABILITY. BUT FROM THE DAY HE WAS SWORN IN, HE HAS BEEN THE LEAST HONEST, LEAST TRANSPARENT, LEAST ACCOUNTABLE COUNCIL MEMBER IN POWAY'S HISTORY. WE CAN'T LOOK THE OTHER WAY. THIS IS ABOUT FAR MORE THAN LEGAL FEES. IT'S ABOUT HAVING THE BACKBONE TO STAND UP FOR WHAT'S RIGHT. SOME THINGS ARE WORTH THE FIGHT. THE PEOPLE'S RIGHT TO KNOW AND RESPECT FOR THE LAW ARE TWO OF THEM. SO I WILL BE SUPPORTING ITEM NUMBER SIX. AND I DON'T BELIEVE WE HAD A SECOND ON THAT. DID YOU SECOND IT, MR. DORFF? I'LL SECOND. OKAY. SO WE HAVE WE'LL TAKE ITEM NUMBER SIX SEPARATELY. WE HAVE A MOTION FROM COUNCIL MEMBER PIKUS, A SECOND FROM DEPUTY MAYOR DE HOFF. THIS IS A ROLL CALL VOTE. WILL THE CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MAEDA. ABSTAIN. COUNCIL MEMBER PIKUS A DEPUTY MAYOR. DEHOFF I AND MAYOR VOS. AYE. ITEM PASSES. NOW WE'LL TAKE THE BALANCE OF THE CONSENT AGENDA. ITEMS ONE THROUGH FIVE. I'M HAPPY TO MOVE APPROVAL. SECOND FROM DEPUTY MAYOR DE HOFF, THIS IS ROLL CALL. VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL COUNCIL MEMBER. MEAD, COUNCIL MEMBER PIKUS I DEPUTY MAYOR DE HOFF I AND MAYOR VOS. AYE. ITEM PASSES. MOVING ON TO PUBLIC HEARINGS,
[7. Minor Conditional Use Permit 25-0003 and Minor Development Review 25-0009, a Request for a New Outdoor Sales and Display Area at the Vacant Lot at 12664 Poway Road for Tractor Supply Company, zoned Commercial Office, within the Poway Road Specific Plan (APN 317-490-83)]
ITEM NUMBER SEVEN. THIS IS A MINOR CONDITIONAL USE PERMIT 25 0003 AND MINOR DEVELOPMENT REVIEW 25 0009. A REQUEST FOR A NEW OUTDOOR SALES AND DISPLAY AREA AT THE VACANT LOT AT 12 664 POWAY ROAD FOR TRACTOR SUPPLY COMPANY, ZONED COMMERCIAL OFFICE WITHIN THE POWAY ROAD SPECIFIC PLAN APN 31749083. I WILL NOW OPEN THE PUBLIC HEARING. ASSOCIATE PLANNER MARY PESCATELLI WILL PRESENT THE ITEM ALONG WITH A POWERPOINT. WELCOME, MARY.THANK YOU MAYOR. BUS AND HELLO COUNCIL MEMBERS, THIS IS A PROPOSED MINOR CONDITIONAL USE PERMIT AND MINOR DEVELOPMENT REVIEW REQUEST FOR A NEW OUTDOOR SALES AND DISPLAY AREA AT THE VACANT LOT LOCATED AT 12664 POWAY ROAD, TO ACCOMMODATE AN ACCESSORY USE ASSOCIATED WITH A PROPOSED TRACTOR SUPPLY COMPANY STORE. THIS PROJECT INCORPORATES OUTDOOR SALES AND DISPLAY, WHICH IS ALLOWED WITHIN THE POWAY ROAD SPECIFIC PLAN.
COMMERCIAL OFFICE LAND USE. THE POWER MUNICIPAL CODE REQUIRES A MINOR CONDITIONAL USE PERMIT FOR OUTDOOR DISPLAY AREAS THAT DON'T MEET PERFORMANCE STANDARDS OF THE CODE, INCLUDING OUTDOOR DISPLAY NOT ADJACENT TO THE FRONT OF THE BUILDING. THE SUBJECT SITE IS A VACANT PARCEL WITHIN THE POWAY CROSSINGS SHOPPING CENTER. AT ONE TIME A RESTAURANT WAS LOCATED ON THIS SITE, WHICH WAS DEMOLISHED IN 2014. NO OTHER BUSINESSES HAVE BEEN LOCATED AT THIS SITE. THE MAIN TRACTOR SUPPLY STORE IS DIRECTLY NORTH OF THE VACANT PARCEL, AS SHOWN ON THE AERIAL PHOTOGRAPH. THE MAP TO THE RIGHT SHOWS THE PROJECT LOCATION WITH SURROUNDING LAND USES, INCLUDING OTHER COMMERCIAL, OFFICE AND RESIDENTIAL USES.
THE POWAI ROAD SPECIFIC PLAN MAP SHOWS THIS PROPERTY TO BE WITHIN THE COMMERCIAL OFFICE DISTRICT. THE COMMERCIAL OFFICE DISTRICT IS A DYNAMIC EMPLOYMENT CENTER, WHERE ESTABLISHED OFFICE AND RETAIL SPACE IS ENHANCED BY NEW INFILL DEVELOPMENT AND CREATIVE, FLEXIBLE BUILDING SPACES THAT MEET EMERGING BUSINESS NEEDS AND PRACTICES. THE SITE MAP SHOWS THIS LOCATION OF THE STOREFRONT IN GRAY IN RELATION TO THE NEW OUTDOOR SALES AND
[00:20:04]
DISPLAY AREA IN YELLOW. PARKING IS LOCATED BETWEEN THE STOREFRONT AND THE OUTDOOR YARD, WITH LIMITED PARKING TO THE SOUTHWEST, SHOWN HERE IN PINK. SOME OF THESE SPACES WILL BE USED OCCASIONALLY FOR SALES AND DISPLAY OF TRAILERS. A PROPANE TANK IS LOCATED IN THE OUTDOOR YARD SHOWN HERE IN RED. IT IS PROPOSED TO HAVE A CANOPY THAT PARTIALLY COVERS THE TANK.THERE WE GO. A PERIMETER FENCE IS PROPOSED SURROUNDING THE OUTDOOR DISPLAY AND SALES AREA TO BE AT THE TEN FOOT SETBACK FROM THE PROPERTY LINE WITH LANDSCAPING ON SILVER LAKE DRIVE. THE PERIMETER FENCE IS PROPOSED TO BE EIGHT FEET TALL, WITH A TWO FOOT TALL NATURAL COLORED METAL TRELLIS TO PROVIDE SECURITY FOR THE MERCHANDISE, WHICH WILL STAY WITHIN THE OUTDOOR YARD AT NIGHT. THE OUTDOOR YARD WILL BE OPERATED WITHIN THE SAME HOURS AS THE STORE, 7 A.M. TO 10 P.M. THE PERIMETER FENCE IS PROPOSED TO BE FINISHED WITH A STUCCO KNEE WALL AND STONE VENEER PILASTERS. THE METAL PICKETS WILL BE BETWEEN THE PILASTERS, AS MENTIONED IN THE LAST SLIDE. A RAISED NATURAL COLORED METAL TRELLIS IS PROPOSED TO PROVIDE ADDITIONAL VISUAL INTEREST AND SECURITY. THIS RENDERING IS LOOKING AT THE NORTHEAST ELEVATION, SHOWING THE PEDESTRIAN GATE AND THE VEHICULAR GATE. THE VEHICULAR GATE ALLOWS CARS TO ENTER THE AREA FOR REFILLING PROPANE TANKS. THE LPG TANK AND ITS CANOPY ARE VISIBLE ON THE RIGHT SIDE OF THIS RENDERING. THERE IS LANDSCAPING PROPOSED FOR THE FRONT OF THE OUTDOOR AREA ALONG SILVER LAKE DRIVE FROM THE BACK OF SIDEWALK TO THE SETBACK LINE WHERE THE WALL WILL BE LOCATED. THIS IS A RENDERING OF THE OUTDOOR SALES AND DISPLAY AREA FROM ABOVE, SHOWING THAT THE MERCHANDISE WILL BE KEPT ON DISPLAY SHELVES AND WILL BE NEAT AND ATTRACTIVE. THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SEEK, PURSUANT TO SEQUA GUIDELINES, SECTION 15332 INFILL DEVELOPMENT PROJECTS IN THAT THE PROPOSED DEVELOPMENT PROJECT IS CONSISTENT WITH APPLICABLE GENERAL PLAN, SPECIFIC PLAN AND MUNICIPAL CODE POLICIES. LAND USE DESIGNATION AND REGULATIONS. A NEIGHBORHOOD MEETING WAS HELD ON AUGUST 18TH, 2025 AT THE MICKEY CAFAGNA COMMUNITY CENTER. ALL PROPERTY OWNERS AND OCCUPANTS WITHIN 500FT OF THE PROPERTY WERE MAILED INVITATIONS TO THE MEETING. THERE WERE FIVE ATTENDEES WITH NO ADVERSE COMMENTS RECEIVED. ONE NEIGHBOR ASKED ABOUT THE PARKING ON THE STREET AND IN FRONT OF THE TRACTOR SUPPLY BUILDING IN THE PARKING LOT FROM THE NEIGHBORING FORD DEALERSHIP. EMPLOYEES. THE PROPERTY OWNER HAS INDICATED THEY HAVE MET WITH THE DEALERSHIP TO ADDRESS THIS CONCERN. AS OUTLINED IN THE STAFF REPORT, THE PROJECT MEETS THE OBJECTIVE STANDARDS OF THE POWAY MUNICIPAL CODE AND CONFORMS WITH THE GENERAL PLAN AND THE POWAY ROAD SPECIFIC PLAN. IT IS RECOMMENDED THE CITY COUNCIL TAKE PUBLIC INPUT, CLOSE THE PUBLIC HEARING AND ADOPT THE RESOLUTION APPROVING MQ 25 0003 AND 25 0009. THIS CONCLUDES STAFF'S PRESENTATION. I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
THE APPLICANT TEAM DOES NOT HAVE A PRESENTATION, BUT ARE AVAILABLE TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU MARY. GOOD REPORT. WE HAVE NO SPEAKERS ON THIS ITEM, SO I WILL NOW CLOSE THE PUBLIC HEARING COUNCIL DISCUSSION. COUNCIL MEMBER MAEDA. ANYTHING.
THE ONLY CONCERN I HAVE WITH THIS PROPOSAL IS I'M A LITTLE CONCERNED ABOUT WHAT THIS WILL DO TO ALSTON'S. I HOPE THAT THEIR LOYAL CUSTOMERS WILL CONTINUE SHOPPING THERE EVEN AFTER TRACTOR SUPPLY OPENS. BUT ASIDE FROM THAT, THE SHOPPING CENTER IS IN DESPERATE NEED OF SOME NEW LIFE. JUST SINCE THIS SPRING, TWO MORE BUSINESSES HAVE LEFT, SO I WOULD BE HAPPY TO WELCOME TRACTOR SUPPLY TO POWAY. THANK YOU, COUNCILMEMBER PIKUS. I WANT TO SAY EVERYTHING.
I LIKE TRACTOR SUPPLY. I'VE BEEN A SHAREHOLDER FOR YEARS. THEY HAVE GOOD EARNINGS AND GOOD FUNDAMENTALS AND THEIR CUSTOMERS LOVE SHOPPING THERE. I'M NO LONGER A SHAREHOLDER. I DISPOSE OF MY HOLDINGS A COUPLE YEARS AGO AND IN HINDSIGHT THAT WAS A MISTAKE. AND I SAY THIS NOT BECAUSE OF ANY DISCLOSURE REQUIREMENTS. AND THERE REALLY AREN'T IN THIS INSTANCE SINCE I'VE DISPOSED OF IT LONG AGO. BUT JUST TO SAY THAT THEY ARE A GOOD COMPANY AND A SOLID CORPORATE CITIZEN, I'M REALLY EXCITED THAT TRACTOR SUPPLY IS GOING TO OPEN A STORE IN POWAY.
I ENJOY SHOPPING AT THE STORE IN RAMONA AND IT STORES BACK EAST WHENEVER I TRAVEL, AND I THINK THAT THERE'LL BE A REAL ASSET TO THE COMMUNITY. FURTHERMORE, AS JENNY HAD MENTIONED, POWAY COMMONS IS DESPERATELY NEEDS A NEW ANCHOR TENANT WITH THE LOSS OF THE RITE AID SEVERAL YEARS AGO AND MORE RECENTLY, THE CLOSURE OF BIG FIVE SPORTING GOODS,
[00:25:03]
THERE'S FAR TOO MANY VACANT STOREFRONTS THERE AND MANY OF THE VACANCIES AND TOO MANY VACANCIES SEEM TO BEGIN THE DEATH SPIRAL OF A SHOPPING CENTER. IF YOU WANT TO SEE SOME EXAMPLES, YOU CAN GO TO DEADMALLS.COM TO SEE THIS FOR YOURSELF. IN FACT, AS JENNY HAD MENTIONED IN THE SIX MONTHS SINCE THE PARKING LOT STUDY HAD BEEN COMPLETED, TWO MORE STORES HAVE CLOSED. I'M HOPING THAT THE TRACTOR SUPPLY STORE WILL REVERSE THIS TREND AND MAKE POWAY COMMONS A THRIVING CENTER OF COMMERCE ONCE AGAIN, AND THIS PROJECT IS ALSO PROJECTED TO BRING $100,000 A YEAR IN REVENUE TO THE CITY, BOTH IN PROPERTY AND SALES TAXES.FINALLY, AS I HAD MENTIONED, PEOPLE LOVE SHOPPING AT TRACTOR SUPPLY AND IT SHOULD BE A REAL ASSET TO THE COMMUNITY AS A WHOLE. FOR THESE REASONS, I THINK THE TRACTOR SUPPLY PROJECT WOULD BE GOOD FOR THE SHOPPING CENTER, GOOD FOR THE NEIGHBORHOOD, AND GOOD FOR THE RESIDENTS OF POWAY. AND I MOVE THAT WE APPROVE THIS PERMIT. THANK YOU, MR. DORFF. THANK YOU.
THANK YOU VERY MUCH FOR THAT EXCELLENT PRESENTATION, MARY. IT WAS VERY CLEAR. I'D ALSO WANT TO THANK ALL THE STAFF FOR THEIR HARD WORK THAT WENT INTO THIS PROJECT. I KNOW IT WENT THROUGH A NUMBER OF ITERATIONS, AND I THINK IT SHOWS REAL DILIGENCE, COLLABORATION AND THAT REALLY THAT FIND A WAY TO YES ATTITUDE THAT WE VALUE IN POWAY. I LOOKED AT THE REPORT.
I CAN SEE THAT IT PASSES FIRE SAFETY AND PARKING CONCERNS. I KNOW THAT I HAD SOME QUESTIONS EARLIER ON. I THINK THIS THIS PLAN LOOKS GREAT. I'M GLAD THERE WAS A MEETING WITH LOCAL RESIDENTS AND SOME OF THOSE ISSUES WERE ADDRESSED. I ALSO WANT TO THANK THE APPLICANT FOR WORKING CLOSELY WITH STAFF TO ENSURE THAT YOUR PLAN REMAINED CONSISTENT WITH THE UNDERLYING POWAY ROAD SPECIFIC PLAN. IN MY VIEW, MODIFYING A SPECIFIC PLAN LIKE THAT ONE ESPECIALLY SHOULD REQUIRE AND ALWAYS REQUIRES A VERY HIGH BAR, ALTHOUGH IT DEPENDS ON, YOU KNOW, HOW HIGH A BAR THAT IS IS HOW CLOSE THAT SPECIFIC PLAN YOU KNOW, WAS ORIGINATED BY THE COUNCIL. I THINK THIS PROPOSAL DOES STRIKE A THOUGHTFUL BALANCE BETWEEN THE NEEDS OF THE COMMUNITY AND THE NEEDS OF THE BUSINESS AND THE WHOLE PROCESS. YOU KNOW, I THINK IT REALLY REFLECTED THE COOPERATIVE SPIRIT THAT WE WE WANT TO SEE, YOU KNOW, WHEN BUSINESSES COME IN AND WANT TO ESTABLISH, YOU KNOW, A PLACE IN POWAY. AND I'VE SPOKEN TO A NUMBER OF RESIDENTS ABOUT THIS PROJECT, AND THEY'RE ALL EXCITED THAT TRACTOR SUPPLY IS COMING TO TOWN. AND I THINK THIS THIS IS GOING TO BRING FOLKS FROM ALL OVER POWAY, DOWN THE CORRIDOR, EVEN BEYOND. AND IT'S GOING TO BE BRINGING NEW ENERGY AND VITALITY TO THE DOWNTOWN CORRIDOR, WHICH IS EXACTLY WHAT THE POWAY ROAD SPECIFIC PLAN WAS DESIGNED TO ACHIEVE, YOU KNOW, SO OVERALL, HERE I, I THINK THIS IS AN EXCELLENT PLAN AND I LOOK FORWARD TO SEEING IT MOVE FORWARD. SO I DON'T KNOW IF WE'RE GOING TO OPEN BY THE END OF THE YEAR, MAYBE A LITTLE TOO SOON, BUT AS SOON AS YOU GUYS CAN. OKAY. SO THANKS A LOT. I WILL SECOND THIS MOTION. I'M PUMPED. I LOVE TO SEE TRACTOR SUPPLY COMING TO TOWN. I'VE TALKED TO VARIOUS PEOPLE ABOUT IT FOR YEARS. ELSTON'S IS GOING TO BE FINE. THERE ARE SO MANY HORSE FACILITIES DOWN IN THE ELSTON'S NEIGHBORHOOD. WE STILL SHOP THERE AND EVEN AFTER TRACTOR SUPPLY WILL BE THERE.
TRACTOR SUPPLY THOUGH IS GOING TO BE ANOTHER MAGNET ON POWAY ROAD THAT IS GOING TO DRAW PEOPLE DOWN TO THE AREA AS THE POWAY ROAD SPECIFIC PLAN AIMED TO DO. SO. I COULDN'T BE MORE EXCITED. I'M GOING TO SAVE A LOT OF GAS, NOT DRIVING UP THE HILL TO RAMONA, SO THAT'LL HELP VMT AND GREENHOUSE GASES AND ALL THAT STUFF. AND I'M 100% SUPPORTIVE OF THIS. WE HAVE A MOTION FROM COUNCIL MEMBER PIEKOS A SECOND FROM DEPUTY MAYOR TO HOFF. THIS IS A ROLL CALL VOTE TO. ADOPT THE RESOLUTION APPROVING MINOR CONDITIONAL USE PERMIT 250003 AND 250009 AND MAKE THE DETERMINATION. THE PROJECT DOES NOT REQUIRE ADDITIONAL CEQA REVIEW PURSUANT TO CEQA GUIDELINES 15 332, INFILL DEVELOPMENT PROJECTS. THE ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MAEDA AYE. COUNCIL MEMBER PIKUS I. DEPUTY MAYOR DE HOFF I AND MAYOR VOS. AYE. ITEM PASSES. WELCOME TO TOWN,
[COUNCIL-INITIATED ITEMS]
TRACTOR SUPPLY. WE'RE GLAD TO HAVE YOU. WE ARE MOVING ON TO COUNCIL INITIATED ITEMS. OPPORTUNITY TO BRIEFLY SHARE REGIONAL COMMITTEE ASSIGNMENTS, UPDATES, AND BRIEFLY HIGHLIGHT CITY AND COMMUNITY EVENTS COMING UP IN THE NEXT FEW WEEKS OR THAT YOU'VE ATTENDED.COUNCIL MEMBER MAEDA. NOTHING. MR. PICKLES, AS I MENTIONED, I WILL BE ATTENDING THE POWAY PADRES CHARITY SOFTBALL GAME. I THINK WE ALL WILL. AND THAT'S FRIDAY, 6 P.M. AT THE POWAY SPORTSPLEX. IF YOU WANT TO DROP BY FOR THE CHARITY SOFTBALL GAME. ALSO NEXT TUESDAY, NOVEMBER 11TH IS VETERANS DAY AND OUR FREEDOM IS PURCHASED WITH BLOOD BY OUR ANCESTORS. SO IF YOU MEET A VETERAN, THANK THEM FOR THEIR SERVICE. MR. DEHOFF, I JUST WANT TO SAY AT THE POWAY PADRES, I'M TOLD I'M THE BEST UMPIRE. SO YOU GUYS CAN GO, COME SEE ME CALL. THEY
[00:30:06]
TOLD US ALL WE'RE THE BEST UMPIRES. I'VE GOT NOTHING. MR. HAZELTINE. MR. FENSTERMACHER.YES, SIR. JUST BEFORE THIS REGULAR MEETING, WE HAD A SPECIAL MEETING IN CLOSED SESSION. EXISTING LITIGATION. IT'S ON THE AGENDA. AND THERE WAS A REPORT OUT, AND THE REPORT OUT IS THE COUNCIL VOTED FOUR ZERO TO AUTHORIZE MY OFFICE TO DEFEND THE CITY FROM THE EXISTING LITIGATION INVESTMENTS FOR CITY OF POWAY. THANK YOU. AND WITH THAT, WE WILL ONE MORE THING BEFORE WE ADJOURN. IF YOU HAVEN'T VOTED, THERE'S STILL 30 MINUTES TO VOTE. YOU CAN VOTE AT THE COMMUNITY CENTER OR AT THE LAKE POWAY PAVILION. DON'T MISS YOUR OPPORTUNITY FOR YOUR VOICE TO BE
* This transcript was compiled from uncorrected Closed Captioning.