Dec 16, 2025 City Council

[CALL TO ORDER]

[00:00:07]

2025 REGULAR CITY COUNCIL MEETING TO ORDER. WILL THE CITY CLERK PLEASE THE ROLL? COUNCIL MEMBER MAEDA HERE. THE MEMBER PIKUS HERE. DEPUTY MAYOR DEHOFF HERE. AND MAYOR VOSS HERE. DEPUTY MAYOR DEHOFF, PLEASE LEAD US IN THE PLEDGE. FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. AS WE HAVE OUR MOMENT OF SILENCE.

I WOULD ASK THAT YOU REMEMBER THE TRAGEDY, THE TERRORIST ATTACK IN SYDNEY. IT'S AN AWFUL LONG WAY AWAY, BUT VERY CLOSE TO HOME, BECAUSE RABBI GOLDSTEIN HERE AT THE. IT WAS HIS NEPHEW, THE RABBI, THAT WAS KILLED IN SYDNEY TRAGEDY. SO I JUST ASK YOU TO KEEP OUR JEWISH BROTHERS AND SISTERS IN YOUR MINDS AS WE HAVE A MOMENT OF SILENCE.

THANK YOU. FIRST UP. PUBLIC COMMENT. IN ACCORDANCE WITH STATE LAW, AN ITEM NOT SCHEDULED ON THE AGENDA MAY BE BROUGHT FORWARD BY THE GENERAL PUBLIC FOR COMMENT, BUT I'M NOT GOING TO READ THE REST OF THAT BECAUSE WE HAVE NO ONE ON PUBLIC COMMENT. SO WE'LL MOVE

[CONSENT CALENDAR]

JUST A VERY BRIEF COMMENT ON. WHERE IS IT. I'M NOT SEEING IT ON THE LIST. THE RESULT OF THE ELECTION. ITEM NUMBER THREE. I JUST WANT TO TAKE A MINUTE TO THANK THE LEADERS WHO HAD THE COURAGE TO LEAD THE RECALL. GOT POWAY OUT OF A HEAP OF TROUBLE. JOHN MULLAN, JOHN COOPER AND ANITA EDMONDSON AND ALL THE VOLUNTEERS THAT WORKED TO PROTECT POWAY FROM FURTHER DAMAGE. AND AS IT TURNED OUT, 80% OF THE PEOPLE OF POWAY AGREED AND SUPPORTED THEIR EFFORTS. SO JUST I THINK THE COMMUNITY OWES THEM A HUGE DEBT OF GRATITUDE TO ANY OTHER COMMENT ON CONSENT CALENDAR. I'M HAPPY TO MAKE A MOTION TO APPROVE ITEMS ONE THROUGH SEVEN OF THE CONSENT CALENDAR. SECOND, FROM DEPUTY MAYOR DE HOFF, THIS IS A ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MEAD. AYE. COUNCIL MEMBER PICAS I. DEPUTY MAYOR DEHOFF I AND MAYOR VOS I. ITEM PASSES. MOVING ON TO ITEM NUMBER EIGHT. PUBLIC HEARING

[8. Development Review 25-0001 and Tentative Tract Map 25-0001, a Request for an Additional West Village Multi-Family Building and Private Dog Park (Fairfield II) within the Town Center Land Use District of the Poway Road Corridor Specific Plan located at 12947 Poway Road, (APN 317-490-68-00)]

HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. MY NAME IS KEVIN PARKER, SENIOR PLANNER HERE ON STAFF. TONIGHT I'M PRESENTING ITEM EIGHT DEVELOPMENT REVIEW 25 0001 AND TENTATIVE TRACK MAP 25 0001 FOR A NEW MULTIFAMILY BUILDING, CONDO MAP AND PRIVATE DOG PARK FOR WEST VILLAGE APARTMENTS. THE APPLICANT IS FAIRFIELD RESIDENTIAL AND THE REPRESENTATIVE, TREVOR BHATIA, IS HERE IN ATTENDANCE AND WILL PROVIDE A SUBSEQUENT PRESENTATION. THE PROJECT SITE IS LOCATED BETWEEN CARRIAGE ROAD AND CIVIC CENTER DRIVE AT 12947 ON THE SOUTH SIDE OF POWAY ROAD, ON A 30,056 SQUARE FOOT PARCEL FORMERLY OCCUPIED BY BIG O TIRES. TO THE NORTH, ON THE OTHER SIDE OF POWAY ROAD, ARE CONDOMINIUMS. TO THE EAST IS A RENTAL CAR FACILITY, AND THE WEST VILLAGE POWAY APARTMENTS ARE TO THE SOUTH AND WEST. THE PROJECT SITE IS

[00:05:04]

THIS PROJECT CONSOLIDATED TWO FORMER COMMERCIAL PARCELS THAT CONTAINED POWAY FUN BOWL AND THE CARRIAGE SHOPPING CENTER TO CREATE A 6.6 ACRE LOT. THE PROJECT CONSTRUCTED FIVE MULTI-STORY APARTMENT BUILDINGS WITH A COMBINED TOTAL OF 212 MARKET RATE UNITS, WHICH COULD BE AVAILABLE FOR FUTURE INDIVIDUAL SALE THROUGH THE APPROVED CONDO MAP UTILIZING TABLE 3.4, THE PRSP. THE PROJECT RECEIVED THE MAXIMUM TIER TWO INCENTIVE, WHICH IS ONLY AVAILABLE ON PARCELS THAT SLOPE DOWN ON THE SOUTH SIDE OF POWAY ROAD WITHIN THE TOWN CENTER LAND USE DISTRICT, WITH A LOT CONSOLIDATION IN THREE QUALIFYING COMMUNITY BENEFITS, WHICH INCLUDED A PUBLIC PARK, A RESTAURANT ROW AND CONTRIBUTION TO THE COMMUNITY BENEFIT FUND.

THE INCENTIVE INCLUDES A MAXIMUM HEIGHT BONUS OF THREE STORIES AND 38FT ALONG POWAY ROAD, AND FOUR STORIES AND 45FT ELSEWHERE. FAIRFIELD POWAY RECEIVED ITS FINAL CERTIFICATE OF OCCUPANCY IN NOVEMBER OF 2024, AND THEY'RE ACTIVELY MARKETING THEIR COMMERCIAL SPACES. BIG O TIRES CLOSED IN JUNE OF 2024, CREATING THE OPPORTUNITY TO REDEVELOP THE SITE. THE APPLICANT REQUESTS THE REDEVELOPMENT OF THE PROJECT SITE WITH THE DEMOLITION OF THE EXISTING TIRE SHOP AND THE CONSTRUCTION OF A THREE STORY MULTIFAMILY BUILDING THAT INCLUDES 16 MARKET RATE UNITS CONSISTING OF TEN ONE BEDROOM UNITS AND SIX TWO BEDROOM UNITS. PARKING INCLUDES 13 ONE CAR GARAGES ON THE FIRST FLOOR AND 34 UNCOVERED PARKING STALLS THROUGHOUT THE PROJECT. THE PROJECT ALSO INCLUDES A 1600 AND 40 SQUARE FOOT PRIVATE DOG PARK. AND LASTLY, THE TPM IS A CONDO MAP FOR A FUTURE INDIVIDUAL OWNERSHIP. THIS REQUEST IS AN EXPANSION OF THE EXISTING WEST VILLAGE POWAY APARTMENT COMMUNITY, INCREASING THE NUMBER OF MULTIFAMILY BUILDINGS FROM 5 TO 6 AND INCREASING THE OVERALL NUMBER OF UNITS FROM 212 TO 228. ALL RESIDENTS WITHIN THE EXISTING APARTMENT COMMUNITY WILL HAVE ACCESS TO THE PROPOSED PRIVATE DOG PARK, AS THE PROJECT'S RESIDENTS WILL ALSO HAVE ACCESS TO THE EXISTING APARTMENTS. AMENITIES. AS YOU CAN SEE, THE PROPOSED MULTIFAMILY BUILDING MATCHES THE FIVE SIDED SPANISH MISSION ARCHITECTURE OF THE ADJACENT FAIRFIELD POWAY PROJECT. WITH A HIGH QUALITY DESIGN. THE APPLICANT IS REQUESTING A TIER ONE HEIGHT INCENTIVE WITH THE, AS INDICATED IN SECTION TWO OF THE RESOLUTION FOR A QUALIFYING LOT CONSOLIDATION WITH ADJACENT FAIRFIELD PARCEL. THE TIER ONE HEIGHT INCENTIVE ALLOWS THREE STORIES IN AN AVERAGE OF HEIGHT OF 38FT PER HOUR. MUNICIPAL CODES. DEFINITION. BUILDING HEIGHT IS TO BE MEASURED FROM THE AVERAGE GRADE TO THE TOP OF THE MANSARD ROOF DECK. THE PROPOSED BUILDING HEIGHT IS APPROXIMATELY 30FT FROM ADJACENT GRADE. THE SOUTH SIDE SOUTH ELEVATION, WHICH IS THE BACKSIDE OF THE BUILDING, IS APPROXIMATELY 33.5FT, WITH THREE STORIES FROM ADJACENT GRADE ON THE NORTH ELEVATION.

THE BUILDING IS APPROXIMATELY 27FT IN HEIGHT, WITH TWO STORIES FROM POWAY ROAD. WHEN COMPARED SIDE BY SIDE, THE FAIRFIELD POWAY PROJECT, THE PROPOSED BUILDING IS ONE STORY LESS AND APPROXIMATELY 11FT SHORTER IN HEIGHT. ON MAY 6TH, 2025, STAFF PRESENTED THE APPLICANT'S PROPOSAL AT A PRE-DEVELOPMENT CONFERENCE. ONE OF THE COMMON THEMES WAS QUESTIONS ABOUT SETBACKS ALONG POWAY ROAD. TO PROVIDE CONTEXT, THE FRONT PROPERTY LINE IS APPROXIMATELY NINE FEET FROM THE FACE OF THE CURB ALONG POWAY ROAD. GROUND FLOOR RESIDENTIAL REQUIRES A TEN FOOT FRONT SETBACK. THE PROPOSED BUILDING HAS A TEN FOOT FRONT SETBACK. THE APPLICANT APPLIED THE FEEDBACK THEY RECEIVED FROM COUNCIL AND REMOVED THE THE PRIVATE PATIOS FROM PROJECTING INTO THE FRONT SETBACK. THE PRSP ALLOWS FOR UP TO FOUR FEET INTO THE FRONT SETBACK. THE TWO ENTRYWAYS PROJECT ONE FOOT INTO THE FRONT SETBACK TO PROVIDE ARTICULATION. OVERALL, THE PROJECT COMPLIES WITH THE SPS TOWN CENTER DEVELOPMENT STANDARDS FOR DENSITY, SETBACKS, COMMON SPACE, PARKING, AND LANDSCAPING. PAGE 46 AND 430.

THE PRSP DESCRIBES PLAZAS, COURTYARDS AND PUBLIC OPEN SPACES AS CRITICAL COMPONENTS OF COMMERCIAL CENTERS. STAFF EVALUATED THE EXISTING FAIRFIELD POWAY PROJECT ALONG POWAY ROAD INCLUDED THE ADJACENT COURTYARDS AND PUBLIC SPACE IN THE GROUND FLOOR.

COMMERCIAL ANALYSIS. AS CONDITIONED, THE TWO PARCELS WILL BE CONSOLIDATED IN THE OVERALL PROJECT WILL EXCEED THE TOWN CENTER PRSP 75% MINIMUM COMMERCIAL GROUND FLOOR REQUIREMENT WITH 77.2%. AS PICTURED HERE, THE APPLICANT. THE PROJECT IS CONDITIONED FOR THE APPLICANT TO IMPROVE THE EASTERNMOST RESTAURANT SPACE PRIOR TO THE ISSUANCE OF

[00:10:04]

GOOD EVENING, MAYOR AND MEMBERS OF THE CITY COUNCIL. BEFORE I JUMP INTO MY PRESENTATION, I JUST WANTED TO TAKE A MOMENT AND RECOGNIZE THE EFFORT THAT STAFF HAS PUT IN ASSISTING US IN GETTING TO THIS POINT. JUST A COUPLE HIGHLIGHTS ABOUT WHO FAIRFIELD IS AS A COMPANY.

WE'RE A NATIONWIDE LEADER IN MULTIFAMILY DEVELOPMENT, HEADQUARTERED HERE IN SAN DIEGO WITH REGIONAL OFFICES THROUGHOUT THE UNITED STATES. WE'RE FULL SERVICE DEVELOPMENT COMPANY, AND WHAT THAT MEANS IS WE TAKE SITES FROM OUR INITIAL ACQUISITION, BRING THEM INTO DEVELOPMENT ALL THE WAY THROUGH INTO CONSTRUCTION FOR OUR OWN GENERAL CONTRACTOR AS WELL. SO ONCE WE COMPLETE THE PROJECT, WE HAVE AN INTERNAL PROPERTY MANAGEMENT GROUP THAT WILL TAKE OVER. WE WERE ESTABLISHED IN 1985, AND SINCE THAT TIME WE'VE DEVELOPED OVER 100,000 LUXURY MULTIFAMILY APARTMENT HOMES, AND WE'RE CURRENTLY MANAGING OVER 40,000 APARTMENT HOMES ACROSS THE UNITED STATES. LASTLY, I WANT TO MENTION THAT WE TAKE PRIDE IN REDEVELOPING DILAPIDATED AND UNDERUTILIZED PROPERTIES INTO VIBRANT COMMUNITIES THAT ENHANCE THE BUILT ENVIRONMENT, WHICH LEADS ME INTO SOMETHING THAT I'D LIKE TO ACKNOWLEDGE. AND THAT IS THE CURRENT STATE OF THE PROPERTY. ONCE THE SPECIFIC PLAN WAS IMPLEMENTED AND PUT INTO PLACE, AUTOMOTIVE USES WERE NO LONGER PERMITTED IN THE TOWN CENTER DISTRICT. AND SO WHAT WE HAVE NOW IS A VACANT, DILAPIDATED BUILDING SPECIFICALLY DESIGNED FOR AN AUTOMOTIVE USE THAT'S NO LONGER ALLOWED ON THE PROPERTY. SO WHAT WE'RE PROPOSING IN THIS REDEVELOPMENT, WHICH IS CONSISTENT WITH THE SPECIFIC PLAN, IS SOMETHING THAT MAKES THE MOST SENSE FOR THIS PROPERTY. KEVIN HAD TOUCHED ON THIS A LITTLE BIT IN HIS STAFF REPORT, BUT JUST SOMETHING WORTH MENTIONING. DURING OUR MAY PREDEVELOPMENT CONFERENCE, CITY COUNCIL HAD EXPRESSED CONCERNS RELATIVE TO SETBACKS ALONG POWAY ROAD. AND SO THIS ILLUSTRATION HERE THAT YOU'RE LOOKING AT, MORE SPECIFICALLY, THE TOP SIDE OF THE ILLUSTRATION IS OUR ORIGINAL SETBACK PROPOSAL, WHICH WAS SIX FEET FROM THE BACK OF THE SIDEWALK TO THE BUILDING FACADE.

AND YOU ALSO NOTICE THAT WE WERE ORIGINALLY PROPOSING SOME PATIOS THAT ENCROACHED INTO THIS SIX FOOT SETBACK AREA. AND IN AN EFFORT TO LISTEN TO THE CONCERNS OF THE COUNCIL, WE WENT AHEAD AND REVISED THE BUILDING, PULLING IT BACK TO TEN FEET FROM BEHIND THE SIDEWALK AND ELIMINATING ALL OF THE BALCONY ENCROACHMENTS. THIS PARTICULAR EXHIBIT JUST DOES A

[00:15:09]

SO JUST TO ORIENT YOU GUYS A LITTLE BIT, POWAY ROAD RUNS ALONG THE TOP SIDE OF THIS EXHIBIT, WITH THE PHASE TWO BUILDING BEING IN THE TOP RIGHT CORNER. AS KEVIN HAD MENTIONED IN HIS STAFF REPORT, AT THE END OF THE DAY, THIS COMMUNITY IS GOING TO BE OPERATED AS ONE. SO IT'LL BE A SINGLE PROJECT, A SINGLE COMMUNITY WHERE RESIDENTS OF THE PHASE TWO BUILDING WILL HAVE FULL ACCESS TO ALL THE EXISTING AMENITIES THROUGHOUT THE PHASE ONE PROPERTY. AGAIN, AS KEVIN HIGHLIGHTED, WANTING TO MAKE SURE THAT WE PROVIDE CONSISTENCY IN TERMS OF THE ARCHITECTURAL STYLE AND QUALITY BETWEEN BOTH PHASES, WE TOOK ELEMENTS DIRECTLY FROM PHASE ONE AND INTEGRATED THEM HERE IN THE PHASE TWO BUILDING, WE WANTED TO MAKE SURE THAT WE MOVED OVER THE WOOD, COMPOSITE TILE AND OTHER ELEMENTS SUCH AS THE DECORATIVE METAL RAILING AND THE DECORATIVE AWNINGS. THIS IS JUST A CLOSE UP VIEW OF THE PHASE TWO SITE PLAN. AGAIN, JUST TO ORIENT YOU GUYS. POWAY ROAD RUNS ALONG THE TOP SIDE OF THE EXHIBIT, AND THE SIGNALIZED INTERSECTION DRIVEWAY IS JUST TO THE LEFT OF THE BUILDING.

THIS EXHIBIT ALSO GIVES YOU A GOOD IDEA OF WHAT THE PRIVATE DOG PARK IS GOING TO LOOK LIKE.

AS PART OF THE PHASE TWO DEVELOPMENT. MOVING INTO SOME OF THE UNIT INTERIORS. THESE ARE A COUPLE IMAGES OF WHAT WAS BUILT OVER ON PHASE ONE. HIGH QUALITY FINISHES SUCH AS HARD SURFACE FLOORING, GRANITE COUNTERTOPS, STAINLESS STEEL APPLIANCES, FULL HEIGHT TILE KITCHEN BACKSPLASH. ALL OF THESE ELEMENTS ARE GOING TO BE INCORPORATED OVER INTO PHASE TWO. AND AGAIN, JUST TO HIGHLIGHT SOME OF THE AMENITIES THAT EXIST OVER ON PHASE ONE, WHICH AS ALREADY MENTIONED, THE PHASE TWO OCCUPANTS WILL HAVE AN OPPORTUNITY TO UTILIZE WHENEVER THEY'D LIKE. ON THE LEFT HERE, THAT'S OUR OBVIOUSLY OUR POOL AND SPA. THAT COURTYARD INCLUDES OTHER AMENITIES SUCH AS A BARBECUE AREA, MULTIPLE SEATING OPPORTUNITIES, AND THEN THE IMAGE ON THE RIGHT INCLUDES A SHADED PLAY STRUCTURE, A ARTIFICIAL TURF AREA FOR VARIOUS LAWN GAMES, OUTDOOR BARBECUE AND A NUMBER OF OUTDOOR SEATING OPPORTUNITIES AS WELL. THESE IMAGES SHOW THE EXISTING INTERIOR AMENITIES AT PHASE ONE AGAIN, WHICH PHASE TWO WILL HAVE THE OPPORTUNITY TO UTILIZE? ON THE LEFT IS OUR FITNESS AMENITY, WHICH INCLUDES CARDIO EQUIPMENT, WEIGHT EQUIPMENT AND A NUMBER OF PRIVATE ROOMS FOR WORKOUT CLASSES. ON THE RIGHT IS OUR CLUBHOUSE AMENITY, OBVIOUSLY.

PICTURED HERE IS A POOL TABLE, BUT WHAT ISN'T PICTURED IS A FULL KITCHEN, SO JUST A GREAT PLACE TO CONGREGATE. HOST EVENTS, THINGS LIKE THAT. NOW, IN CONCLUSION, I JUST WANT TO POINT OUT THAT WHAT WE'RE PROPOSING HERE IS CONSISTENT WITH THE SPECIFIC PLAN AND A REDEVELOPMENT THAT MAKES THE MOST SENSE FOR THIS PROPERTY. SO WE WOULD REQUEST THAT THE COUNCIL AGREE WITH STAFF'S RECOMMENDATION AND APPROVE THE PROJECT THIS EVENING. WE'LL BE AVAILABLE FOR ANY QUESTIONS AS WELL. APPRECIATE YOUR TIME. THANK YOU. THANK YOU. I HAVE TWO SPEAKERS ON THIS ITEM, NICK CARRUTHERS. THANKS VERY MUCH. GOOD EVENING TO EVERYONE, AND I APPRECIATE YOUR COMMENTS ABOUT THE EVENTS IN AUSTRALIA. I JUST GOT BACK FROM AUSTRALIA. YOU CAN'T BELIEVE HOW SHOCKED THAT COUNTRY IS. SO WHAT I'D LIKE TO REMIND PEOPLE IS WHAT WHAT WAS THE OBJECTIVE OF THE POWAY ROAD SPECIFIC PLAN. AND I'LL READ IT TO CREATE A DISTINCT TOWN CENTER IN POWAY THAT SUPPORTS A MIX OF LAND USES WITH UNIQUE SHOPPING, DINING AND ENTERTAINMENT. USES VIBRANT STREET ACTIVITY WITH WELL INTEGRATED HOUSING AND CIVIC BUILDINGS, CULTURAL USES, PARKS AND OTHER PUBLIC SPACES. AND MORE SPECIFICALLY, IT SAID THE TOWN CENTER IS DISTINGUISHED BY A DISTINCT AND EXCITING MAIN STREET CHARACTER WITH PEDESTRIAN ORIENTATED BUILDINGS. THE GOAL IS TO HAVE A MIX OF USE THAT DRAW PEOPLE DURING THE DAY, EVENINGS AND ON WEEKENDS. PHYSICAL MIXED USE BUILDING TYPES THAT ACCOMMODATE ACTIVE STOREFRONTS, BOUTIQUES, RESTAURANTS, CAFES, SMALL OFFICES, CIVIC USES, ETC. WITH WIDE SIDEWALKS, CONSISTENT TREE PLANTING, PUBLIC PLANTS, PLANT, PUBLIC PLAZAS. SORRY, THE IDEA IS THIS WOULD PROMOTE A UNIQUE SENSE OF PLACE WHERE THE TOWN CENTER IS THE HEART OF POWAY, WITH COMFORTABLE SIDEWALKS, TRANSPARENT AND ACTIVE STOREFRONTS, OUTDOOR DINING, CIVIC USES, AND GROUND FLOOR RETAIL. COMMERCIAL WITH RESIDENTIAL OR OFFICE ABOVE TO

[00:20:04]

IT'S ABOUT RETAINING LOCAL CONTROL AND TRULY FIGHTING TO GROW ON OUR OWN TERMS. I WOULD LOVE TO SEE OUR CITY ATTORNEY AND CITY MANAGER AND DEVELOPMENT SERVICES WORK PROACTIVELY AND CREATIVELY TO DEFEND BOWIE'S VISION. GROWTH ON PAUSE TERMS, NOT SACRAMENTO'S. THAT'S WHAT INCORPORATION PROMISED, I BELIEVE, AND THAT'S WHAT OUR RESIDENTS STILL DESERVE. SO I HOPE YOU ALL CAN WORK TOGETHER TO BRING CONTROL BACK TO POWAY.

THANK YOU VERY MUCH. THANK YOU. THAT CONCLUDES OUR SPEAKERS. WE ALSO HAD TWO WRITTEN COMMENT CARDS, BOTH IN OPPOSITION TO APPROVAL OF THIS ITEM. THAT CONCLUDES SPEAKERS. I WILL NOW CLOSE THE PUBLIC HEARING COUNCIL DISCUSSION. COUNCIL MEMBER MAEDA. WE'LL START WITH YOU. I APPRECIATE OUR STAFF'S EFFORT TO NEGOTIATE IMPROVEMENTS THAT WOULD HELP FILL THE CURRENT COMMERCIAL SPACES. AND I APPRECIATE FAIRFIELD LISTENING TO FEEDBACK FROM THE COMMUNITY AND OTHER COUNCIL MEMBERS, INCREASING SETBACKS, AND PUSHING BACK THE PATIOS. I PERSONALLY DID NOT ASK FOR ANY CHANGES BECAUSE I KNEW THAT NOTHING WOULD MAKE

[00:25:01]

ALL I CAN DO IS NEGOTIATE SMALL CHANGES AS MY COLLEAGUES DID, BUT THEN I WOULD BE OBLIGATED TO SUPPORT THE PROJECT IF CONCESSIONS WERE MADE. SO IF THAT IS THE STRATEGY AND THE PATH THAT MY CONSTITUENTS WANT ME TO TAKE, PLEASE EMAIL ME AND LET ME KNOW. BECAUSE OTHERWISE, I RAN MY CAMPAIGN ON THE SLOGAN SAVE THE COUNTRY IN OUR CITY AND I WILL STAY TRUE TO THAT.

COUNCILMEMBER PIKUS, I'LL START OFF WITH A FEW QUESTIONS BEFORE I GO INTO ANY OTHER REMARKS.

BUT WHEN YOU WERE MAKING YOUR PRESENTATION ABOUT THE PROJECT, YOU MENTIONED THAT THE WELL, I UNDERSTAND THAT THE TIER ONE AND TIER TWO INCENTIVES, YOU HAD TO HAVE THREE COMMUNITY BENEFITS, AND ONE OF THEM WAS A PUBLIC PARK PROVIDED. BUT THEN ABOUT A MINUTE OR TWO LATER, YOU WERE TALKING ABOUT A PRIVATE DOG PARK. HOW DOES THAT TO THOSE TWO SQUARE? YES. SO THE ORIGINAL PROJECT, THE ORIGINAL FAIRFIELD ONE PROJECT, QUALIFIED FOR TIER TWO INCENTIVES, AND THAT INCLUDED THE THREE COMMUNITY BENEFITS, THE THE FAIRFIELD TWO PROJECT IS NOT ASKING FOR TIER TWO BENEFITS, TIER TWO INCENTIVES. THEY ARE SIMPLY LOOKING FOR THE TIER ONE, WHICH ESSENTIALLY ALLOWS THEM TO PUT THE THIRD STORY ON THE BACK OF THE BUILDING ON POWAY ROAD. AND SO BECAUSE OF THAT, THEY ONLY HAVE TO CONSOLIDATE THE LOT. THEY DON'T NEED TO PROVIDE ADDITIONAL BENEFITS, ALTHOUGH THEY ARE PROVIDING A PRIVATE DOG PARK, WHICH IS A NICE ASSET TO THE COMMUNITY. THANKS FOR CLARIFYING THAT. AND I GUESS I HAD A QUESTION FOR FAIRFIELD IS THAT I UNDERSTAND YOU'VE HAD A HARD TIME RENTING THAT SPACE.

IS THAT. IS THAT FROM THE PEOPLE YOU HAD YOUR AGENTS OR SOMETHING OR. YEAH. GOOD EVENING, MR. MAYOR. MEMBERS OF THE COUNCIL. I'M ED MCCOY WITH FAIRFIELD. IT'S BEEN TOUGH, YOU KNOW, AND I THINK WE'RE FEELING IT PROBABLY MORE THAN ANYBODY ELSE CAN IMAGINE, BECAUSE WE'RE THE ONES WHO ARE LEFT HOLDING THE BAG RIGHT NOW ON THAT EMPTY SPACE. SO WE DIDN'T BUILD IT TO KEEP IT EMPTY. WE BUILT IT TO HAVE IT OCCUPIED. AND WE'VE HAD WE'RE ON OUR SECOND ROUND OF BROKERS. WE ARE DOING BIWEEKLY MEETINGS WITH OUR BROKERAGE FIRMS TRYING TO GET ACTIVITY.

WE WORKED WITH STAFF IN ORDER TO IMPROVE THE SPACE SO THAT IT'S MORE INVITING AND MORE ENTICING TO GET SOMEONE IN THERE. SO THIS IS NOT A BAIT AND SWITCH. THIS IS A FULLY COMPLIANT PROJECT. WE'RE ASKING FOR NOTHING SPECIAL. WE'RE BUILDING WHAT IS IN THE SPECIFIC PLAN, AND WE'RE WORKING EXTREMELY HARD TO GET SOME RETAIL USERS IN THERE. WE ARE, LIKE I SAID, WORKING WITH STAFF, TRYING TO DO EVERYTHING WE CAN. BUT AS YOU CAN SEE, DRIVING DOWN POWER ROAD, WE'RE NOT THE ONLY VACANT RETAIL SPACE. IT'S IT'S A TOUGH MARKET RIGHT NOW AND IT HAS BEEN. SO WE'RE GOING TO KEEP PLUGGING AWAY. I THINK ONCE WE GET THE THE BIG O IF IF THE COUNCIL SUPPORTS US, GET THE BIG O EYESORE OUT OF THERE. PUT ANOTHER BEAUTIFUL BUILDING INTO THE PROPERTY AND THEN CONTINUE TO MARK THAT MARKET THE HECK OUT OF IT. THANK YOU FOR THAT. SO YEAH, I, I WENT THROUGH THIS PROJECT ALL WAS. 20 SOME PAGES OF THE RESOLUTION AND THE INITIAL PRESENTATION. AND YEAH, IT LOOKS LIKE YOU CHECK ALL THE BOXES AND COMPLY WITH ALL THE INCENTIVES PROVIDED AND MEET THE SETBACKS. AND I NOTICED THAT THERE'S A LITTLE ONE FOOT BUMP INTO THE SETBACK AREA, BUT THAT IS PERMITTED. BUT AS AN ARCHITECTURAL FEATURE FOR ENTRANCES AND STUFF. SO. THAT WAS ONE POINT I WANTED TO MAKE.

AND SECOND WAS, AS MUCH LIKE PETER HAD MENTIONED AT THE LAST MEETING, SOMETIMES STATE LAW PROHIBITS US FROM ADDING MORE CONSTRAINTS WHEN THIS, YOU KNOW, WHEN THIS PROPOSAL IS THIS FAR ALONG, AS YOU WOULD USE MY MY FAVORITE PHRASE, TYRANNY OF THE TAPE MEASURE. SO I THINK, YOU KNOW, IT CHECKS THE BOXES AND GETS, YOU KNOW, YOU MEASURE IT CORRECTLY AND THE STATE SAYS IT'S GOT TO BE APPROVED. AND I DO WANT TO ADDRESS NICK CARRUTHERS COMMENTS. I READ HIS LETTER AND GAVE IT A THOUGHT WHILE I WAS WORKING ON THESE, WORKING THROUGH THIS MATERIAL.

AND. YEAH, HE'S HE'S GOT A POINT SORT OF IS THAT, YEAH. PUTTING IN PUTTING TOGETHER AN

[00:30:07]

AND I PROMISE YOU, I SHOULDN'T PROMISE. BUT I'M GOING TO TELL YOU THAT I SINCERELY BELIEVE THAT YOU'RE GOING TO LIKE WHAT YOU SEE. NEXT QUESTION I WANT TO POINT OUT IS THAT, YOU KNOW, WE GOT THE BIG O TIRE STORE THERE. YOU CAN'T BUILD, YOU CAN'T OPEN A TIRE SHOP ANYMORE.

IT'S JUST SITTING THERE. WHAT ELSE ARE WE GOING TO DO WITH IT? SO I DON'T THINK ANYBODY WOULD BE SAYING THAT, YOU KNOW, LEAVING IT THERE IS BETTER THAN THE FAIRFIELD PROJECT BECAUSE THAT'S THAT WOULD JUST BE RIDICULOUS. AND IT'S NOT A BIG PARCEL. I MEAN, WHAT OTHER COMPANY CAN COME IN THERE AND DEVELOP ON THREE QUARTERS OF AN ACRE AND BUILD SOMETHING THAT WOULD FIT IN WITH THE SPECIFIC PLAN AND MORE TO THE POINT, BUILD SOMETHING THAT WOULD PENCIL OUT ECONOMICALLY. ONCE YOU PUT IN 7 OR 8 FIGURES OF INVESTMENT. AND SO FAIRFIELD STEPPED UP AND DID IT. AND THE FACT THAT THEY'RE DOING IT MEANS IT'S GOING TO LOOK LIKE THE REST OF IT AND IT'S GOING TO, YOU KNOW, FIT IN THERE. SO I KIND OF LIKE THAT THERE TOO, PRESERVES THE CHARACTER OF THE NEIGHBORHOOD. AND IT'S THE BEST WAY TO BRING ABOUT MIXED USE COMMERCIAL RESIDENTIAL DEVELOPMENT. AS PART OF THE POWAY ROAD SPECIFIC PLAN. AND I ALSO, YOU KNOW, IN THE COMMENTS, PEOPLE MENTIONED LAMENTING THE FACT THAT THERE'S MORE RESIDENCES BEING BUILT, BUT, YOU KNOW, A MEETING OR TWO FROM NOW, WE'RE GOING TO HEAR ABOUT HOW THERE'S NOT ENOUGH HOUSING IN POWAY. SO THIS HELPS ON THAT TOO. AND. I THINK THAT'S ONE THING. AND. SEE. EMAIL COMMENT. THING IS MOST OF IT. AND TO ADDRESS JENNY'S CONCERN, EVEN IF, EVEN IF OUR DISTRICTS WERE DIFFERENT AND MY IT WAS DISTRICT ONE AND NOT DISTRICT FOUR, I'D STILL BE IN FAVOR OF THIS. IT SEEMS LIKE SEEMS LIKE THE RIGHT THING TO DO. AND WITH THAT I WILL I WILL CONCLUDE, I THINK IT'S A. I KNOW IT'S NOT PERFECT, BUT IT'S PRETTY GOOD.

AND SOMETIMES THE PERFECT IS THE ENEMY OF THE GOOD. AND SO I THINK THAT ONCE THE REST OF THE POWAY ROAD IS FINISHED, ACCORDING TO THE PLAN, YOU KNOW, NOT WILLY NILLY DEVELOPMENT, I THINK WE'LL ALL BE HAPPIER WITH IT. SO THANK YOU FOR THAT. I MOVE, WE APPROVE. DEPUTY MAYOR

[00:35:05]

AND IF YOU LOOK AT CITIES LIKE OCEANSIDE, YOU KNOW, THEIR COUNCIL RECENTLY FLIPPED.

ALMOST EVERY PROJECT YOU SEE THERE NOW IS A DENSITY BONUS PROJECT. AND RESIDENTS ARE OPENLY TOLD THAT THE STATE LAW GIVES THEM NO VOICE. AND THIS IS IN THE PAPERS. YOU KNOW, I HAVE A STACK OF PAPERS FROM THE TRIBUNE GOING BACK A YEAR. YOU KNOW, PHIL DIEHL WRITES THESE ARTICLES AND THEY'RE PRETTY CLEAR ABOUT WHAT'S ACTUALLY GOING ON THERE. AND SO THE REALITY IS NOT HIDDEN. AND I APPRECIATE, YOU KNOW, WHAT VANESSA IS SAYING ABOUT BRINGING LOCAL CONTROL BACK TO POWER. AND I THINK THAT'D BE GREAT. IT'S JUST THAT'S NOT A VISION THAT'S SHARED BY THE PEOPLE WHO ACTUALLY, YOU KNOW, HAVE THE POWER. AND THAT'S UP IN SACRAMENTO. SO BUT AT A HIGH LEVEL, THOUGH, THE PALI ROAD SPECIFIC PLAN, I THINK IT REPRESENTS A BOTH A VISION OF, YOU KNOW, THE FUTURE FOR THE CITY, PART OF THE CITY IN THE COUNTRY. AND IT'S REALLY, I THINK, THE RESULT OF A MULTI-LAYER THREE PARTY NEGOTIATION TO MAKE A PRACTICAL VERSION OF THIS VISION A REALITY. AND, YOU KNOW, THOSE PARTIES WERE, YOU KNOW, THE THE PROPERTY OWNERS AND DEVELOPERS OR SOMETIMES THE SAME GROUP.

AND THERE WAS SACRAMENTO'S, YOU KNOW, POLITICAL MACHINE AND THE HOUSING MANDATES THAT IT, YOU KNOW, CONTINUALLY PUTS OUT WAS ANOTHER END OF THAT NEGOTIATION. AND THEN THERE'S US, YOU KNOW, THE LOCAL RESIDENTS OF THE YOU KNOW, THE COMMUNITY VISION, YOU KNOW, SO THE. IT TOOK MANY YEARS TO, YOU KNOW, FOR THE POWAY ROAD SPECIFIC PLAN TO BE DEVELOPED, A LOT OF MEETINGS, A LOT OF PUBLIC INPUT. AND, AND I THINK IT DID GET A BETTER OUTCOME FOR WHAT, YOU KNOW, THE PLAN WAS FOR PALI ORIGINALLY THERE WAS, I THINK, ABOUT 1200 UNITS THAT WERE TAKEN OFF ALONG POWAY ROAD FROM THE GENERAL PLAN. AND UNITS ARE WHAT DRIVE REGIONAL TRAFFIC. AND SO THAT'S A REALLY A BIG WIN. AND, YOU KNOW, THAT WAS ONE OF THE THINGS, NICK, YOU'RE TALKING ABOUT, ABOUT GETTING ALL THIS TRAFFIC. BUT PAULIE'S POPULATION IS BASICALLY STABLE AND HAS BEEN FOR A WHILE. AND YOU KNOW WHEN YOU SEE THE TRAFFIC ON POWAY ROAD INCREASING OR COMING DOWN THE GRADE, IT'S COMING FROM OUTSIDE OF THE CITY. WE HAVE, YOU KNOW, PLACES LIKE RAMONA AND LAKESIDE AND ELSEWHERE, AND THE TRAFFIC'S BEING DRIVEN HERE AND THAT'S OUTSIDE OF OUR CONTROL. BUT THIS TRADE, TRADE OFF OF UNITS, YOU KNOW, WAS IT WAS A TRADE AND IT WAS FOR, YOU KNOW, HIGHER DENSITY BALANCED, YOU KNOW, IN POCKETS OF HIGH DENSITY IN ON THE POWAY ROAD AREA. AND IT'S, YOU KNOW, BALANCED WITH SOME MIXED USE COMMERCIAL USE AND OTHER AMENITIES. AND THAT INCLUDED REDUCED SETBACKS AND REDUCED SETBACKS ARE NEEDED. THEY'RE AN INTEGRAL PART OF WHAT DEFINES A WALKABLE REGION. AND SO THAT HELPED ACHIEVE THAT GOAL. AND WALKABLE MEANS IN PRACTICAL TERMS, YOU DON'T CROSS A PARKING LOT TO GET TO YOUR BUILDING. AND SO THAT DOES MEAN, YOU KNOW, THERE'S SHORTER SETBACKS. NOW, I DO TAKE A COUPLE ISSUES WITH SOMETHING. MISS SPRINGETT SAID THAT THE PLAN OR THE IMPLEMENTATION OF THE PLAN SOMEHOW SHOWED NO RESPECT FOR THE EXISTING RESIDENTS IN THE SURROUNDING AREAS, AND I DO DISAGREE WITH THAT. I THINK THE COMMISSION SPENT A HUGE AMOUNT OF TIME GETTING IT RIGHT, GIVEN THE REAL WORLD SITUATION, AND I ACTUALLY THINK ACTUAL DISRESPECT WOULD BE TO COBBLE TOGETHER SOME SORT OF FANTASY PIE IN THE SKY PLAN THAT WOULD BASICALLY BE SELLING PEOPLE A BILL OF GOODS, BECAUSE DEVELOPERS WOULD SIMPLY OPT OUT FOR A DENSITY BONUS ALTERNATIVE. I MEAN, TO BE CLEAR, IT'S IT IS A STRAIGHT IT'S IT'S A GREAT POLITICAL MESSAGE, BUT IT'S A REALLY BAD POLICY BECAUSE IF WE UNILATERALLY, YOU KNOW, REMOVE SOME OF THESE CONCESSIONS OR CHANGE THEM BY FIAT, YOU KNOW,

[00:40:03]

YOU KNOW, THE PRETTY PICTURES ARE ONE THING, BUT THE CODE IS WHAT ACTUALLY PEOPLE IMPLEMENT.

AND, YOU KNOW, THE VALUE OF VERBAL AGREEMENT, YOU KNOW, WAS ONLY AS GOOD AS THE PAPER ONTO WHICH IT'S WRITTEN. AND IT'S WRITTEN HERE. AND I'M GOING TO POINT OUT WHERE IT IS, BECAUSE I'VE SEEN TIME AND TIME AGAIN, YOU KNOW, ON SOCIAL MEDIA, PEOPLE WILL HAVE SOME ANALYSIS AND THEY WON'T GET PAST THE FIRST PAGE OF THE AGENDA ITEM. BUT THIS IS IN THE IN THE ACTUAL, YOU KNOW, CONTRACT ITSELF. IT'S ITEMS 57 THROUGH 59. YOU KNOW, YOU CAN GO DOWN THERE. YOU GOT TO SCROLL THROUGH A LOT OF PAGES TO GET THERE. AND THIS IS, YOU KNOW, IN PART OF THE OCCUPANCY REQUIREMENTS, WHICH ARE SOMETHING POWAY HAS USED IN THE PAST TO ENFORCE RULES ON OTHER DEVELOPMENTS, YOU KNOW, AT THE FARMS OR AT HOLYOKE, BUT THEY HAVE CERTAIN RULES THAT THEY HAVE TO FOLLOW. AND THIS REALLY EXTENDS THE POWER OF THAT. AND SO, YOU KNOW, I'M YOU KNOW, WE'RE TALKING LIKE TO MEET THESE CRITERIA. WE'RE LOOKING AT MULTIPLES OF SIX FIGURE INVESTMENTS TO ACTUALLY GET IT GET IT DONE. AND SO I APPLAUD THE THE APPLICANT'S WILLINGNESS TO ENTER INTO THESE AGREEMENTS. AND I THINK THAT'S A REALLY A WIN FOR EVERYBODY. NOW FOR ALL OF THESE REASONS, YOU KNOW, I ACTUALLY DO BELIEVE THIS PROJECT DOES ALIGN WITH THE LAW. AND AND WE ARE REQUIRED AS COUNCIL PEOPLE TO FOLLOW THE LAW. IT'S ONE OF THE THINGS, YOU KNOW, WHEN YOU WHEN YOU SIGN UP FOR THE JOB OR START CAMPAIGNING, YOU KNOW, IT'S IMPORTANT NOT TO MAKE COMMITMENTS THAT YOU YOU CAN'T FOLLOW THROUGH ON. AND SO I WAS PRETTY CAREFUL ABOUT THAT. BUT IT'S ROUGH. YOU KNOW, IT'S IT'S ROUGH BUT FOR SOME FOLKS. BUT I HAVE NO ISSUES WITH THIS ONE. AND I'M HOPING THAT THE COUNCIL WILL APPROVE THIS BECAUSE I THINK IT'S GOING TO CONTINUE TO FOSTER THIS TYPE OF PARTNERSHIP WE HAVE WITH OTHER DEVELOPERS ON THE, YOU KNOW, THE THERE'S A COUPLE MORE PROJECTS ALONG POWAY ROAD. AND, YOU KNOW, I HOPE WE CAN DEVELOP THOSE AND, AND ACHIEVE THAT THAT VISION THAT WE ALL HAD IN THE PALI ROAD SPECIFIC PLAN. SO I WILL SECOND THE MOTION TO APPROVE.

THANK YOU ALL. I'M GOING TO GO BACK IN TIME A LITTLE BIT. WE TALK ABOUT THE POWAY ROAD SPECIFIC PLAN. WORK ON THAT BEGAN IN 2014. AND FROM THE START IT WAS BUILT AROUND COMMUNITY INPUT. THIS WASN'T A ONE MEETING EXERCISE OR SOMETHING DONE BEHIND CLOSED DOORS. IT UNFOLDED OVER THREE YEARS AND GAVE RESIDENTS, PROPERTY OWNERS AND

[00:45:01]

A WIDE CROSS-SECTION OF THE POWAY COMMUNITY TOOK PART IN WORKSHOPS, PRESENTATIONS, WORKING SESSIONS FOCUSED ON LAND USE, DESIGN, TRAFFIC, ECONOMIC DEVELOPMENT. PEOPLE WERE ASKED WHAT THEY WANTED POWAY ROAD TO BECOME, WHAT WASN'T WORKING AND HOW THE CORRIDOR COULD BE IMPROVED. A VOLUNTEER AD HOC COMMITTEE WAS FORMED TO GUIDE THAT WORK. IN PRACTICE, IT FUNCTIONED VERY MUCH LIKE A PLANNING COMMISSION, AND I KNOW A LOT OF PEOPLE LIKE TO TALK ABOUT, OH, WE NEED A PLANNING COMMISSION. THAT'S PRETTY MUCH EXACTLY WHAT WE HAD A PLANNING COMMISSION. THE COMMITTEE MET MORE THAN A DOZEN TIMES TO STUDY THE CORRIDOR, TALKED THROUGH OPTIONS, AND REVIEWED DRAFT VERSIONS OF THE PLAN. PROPERTY OWNERS AND DEVELOPERS ALSO PARTICIPATED IN THOSE MEETINGS AND COMMUNITY WORKSHOPS, OFFERING INPUT ALONGSIDE RESIDENTS. THE CITY ALSO BROUGHT IN PROFESSIONAL CONSULTANTS, INCLUDING PLANNERS, DESIGNERS, TRAFFIC EXPERTS, ECONOMISTS AND ENVIRONMENTAL SPECIALISTS. THEIR ROLE WAS TO PROVIDE TECHNICAL SUPPORT AND ANALYSIS, NOT TO MAKE POLICY DECISIONS. THE VISIONS AND STANDARDS THAT MAKE UP THE POWAY ROAD SPECIFIC PLAN ULTIMATELY GREW OUT OF COMMUNITY FEEDBACK, AND THAT EXTENDED PUBLIC PROCESS. NOW, SUBSEQUENT TO THAT, WE DID SO WITH THE EXPECTATION THAT IT WOULD GUIDE GROWTH THOUGHTFULLY AND DELIBERATELY. BUT SINCE THEN, THE STATE HAS SIGNIFICANTLY CHANGED HOUSING LAW IN WAYS THAT NARROW LOCAL DISCRETION, PARTICULARLY FOR PROJECTS THAT MEET OBJECTIVE STANDARDS. THAT DOESN'T INVALIDATE THE PLAN, BUT IT DOES CHANGE HOW WE APPLY IT. IN THIS CASE, THE PROJECT COMPLIES WITH THE OBJECTIVE STANDARDS WE ADOPTED, AND THE LAW DOES NOT SUPPORT DENIAL BASED ON SUBJECTIVE CONCERNS. THAT'S THE FRAMEWORK WITHIN WHICH WE HAVE TO GOVERN. WE CANNOT LAWFULLY DENY OR DOWNSIZE COMPLIANT HOUSING PROJECTS BASED ON SUBJECTIVE DISSATISFACTION, NOSTALGIA, OR DISAPPOINTMENT THAT A PROJECT DOESN'T FEEL RIGHT. TO SOME RESIDENTS, DOING SO WOULD EXPOSE POWAY TAXPAYERS TO VERY SERIOUS LEGAL AND FINANCIAL RISK. AND I WANT TO TOUCH ON THE CITY IN THE COUNTRY ARGUMENT. I UNDERSTAND IT, BUT I WANT TO BE CLEAR. THE POWAY ROAD SPECIFIC PLAN, INTENTIONALLY CONCENTRATED HOUSING ALONG THIS CORRIDOR SO THE REST OF POWAY COULD BE THE COUNTRY. THE POWAY ROAD SPECIFIC PLAN IS THE CITY PART OF THE CITY IN THE COUNTRY, AND WE'RE PRESERVING THE OPPORTUNITY FOR THE REST OF POWAY TO REMAIN THE COUNTRY. RESIDENTIAL DEVELOPMENT IN THE TOWN CENTER ISN'T A FAILURE OF THE PLAN. IT'S A CENTRAL FEATURE OF IT. THE CITY CAN REQUIRE THAT COMMERCIAL SPACE BE PROVIDED, AND WE HAVE DONE SO, BUT WE CAN'T FORCE BUSINESSES TO OPEN OR STAY OPEN, ESPECIALLY AFTER THE MOST DISRUPTIVE PERIOD. THE RETAIL AND RESTAURANT INDUSTRIES HAVE EVER EXPERIENCED. DENYING A PROJECT THAT COMPLIES WITH OUR ADOPTED STANDARDS AND STATE LAW IS NOT A LAWFUL WAY TO EXPRESS DISSATISFACTION, AND IT'S NOT RESPONSIBLE GOVERNMENT. NICK, I THINK IT WAS SAID. YEAH, WE'VE ACQUIESCED TO DEVELOPERS. I DISAGREE STRONGLY. NICK. NICK, IT'S MY TURN. OKAY. NICK. IT'S MY TURN. WHAT WE ARE PRIORITIZING IS THE LAW. THE PLANS ADOPTED AFTER YEARS OF PUBLIC PROCESS AND THE LONG TERM FISCAL AND LEGAL HEALTH OF THE CITY, PRETENDING THAT WE CAN SIMPLY SAY NO TO HOUSING BECAUSE SOME PEOPLE OPPOSE GROWTH IN ANY FORM, IS NEITHER HONEST OR RESPONSIBLE. DISAGREEMENT WITH DENSITY, HEIGHT, OR FEEL IS NOT A LAWFUL BASIS FOR DENIAL. LET'S TALK ABOUT THE RETAIL AND COMMERCIAL ASPECT. IT'S NO SURPRISE THERE'S EMPTY COMMERCIAL SPACE THERE. IT HASN'T LEASED AS QUICKLY AS ANYONE WOULD LIKE, BUT WE ALSO HAVE TO REMEMBER THE TIMING. MUCH OF THIS SPACE CAME ONLINE DURING OR JUST AFTER THE PANDEMIC. THE MOST DISRUPTIVE EVENT THE RESTAURANT AND RETAIL INDUSTRY HAS EVER EXPERIENCED. THAT SLOWDOWN ISN'T UNIQUE TO POWAY, AND IT

[00:50:02]

RATHER, THIS DECISION TONIGHT IS TO APPLY THE LAW TO THE PROJECT BEFORE US. BASED ON THE RECORD, THIS IS A HOUSING DEVELOPMENT THAT'S CONSISTENT WITH THE TOWN CENTER LAND USE DESIGNATION. IT COMPLIES WITH THE APPLICABLE OBJECTIVE STANDARDS OF THE SPECIFIC PLAN.

AND MAYBE MOST IMPORTANTLY, DOES NOT PRESENT A SPECIFIC ADVERSE IMPACT TO PUBLIC HEALTH OR SAFETY THAT CANNOT BE MITIGATED. CALIFORNIA'S HOUSING ACCOUNTABILITY ACT SIGNIFICANTLY LIMITS A CITY'S ABILITY TO DENY OR REDUCE HOUSING THAT MEETS THOSE CRITERIA, EVEN WHEN THERE ARE LEGITIMATE POLICY CONCERNS. IN THIS CASE, I DON'T BELIEVE THOSE CONCERNS RISE TO THE LEVEL REQUIRED TO LAWFULLY DENY THE PROJECT. SO FOR THAT REASON, WHILE ACKNOWLEDGING THE PROJECT'S LIMITATIONS AND ADVANCING CERTAIN TOWN CENTER OBJECTIVES THAT I BELIEVE WILL COME ONLINE DOWN THE ROAD, I TOO SUPPORT APPROVAL AS THE

[00:55:01]

[9. Discussion and Possible Action to Fill City Council Vacancy]

AT THAT MEETING, COUNCIL DIRECTED STAFF. COUNCIL INDICATED THAT IT WAS GOING TO CALL A SPECIAL ELECTION. WE HAD EXPLAINED TO THE COUNCIL THAT THAT DATE COULD EITHER BE ON APRIL 14TH OR JUNE 2ND, WITH THE STATEWIDE PRIMARY, DEPENDING ON WHEN WE CALL THE ELECTION, AND WE WERE DIRECTED TO GET ESTIMATES FROM THE REGISTRAR OF VOTERS AND COME BACK TO YOU. SO WE'VE DONE THAT. AND I SHOULD ALSO SAY AT THAT MEETING, AT LEAST MY IMPRESSION WAS THERE WAS A GENERAL SENSE THAT, YOU KNOW, THERE WAS A PREFERENCE, AT LEAST AT THAT TIME, FOR THE FOR THE JUNE 2ND MEETING OR ELECTION. RATHER, WE'VE GOTTEN THE ESTIMATES AND OUR COSTS FOR AN APRIL 14TH SPECIAL ELECTION WOULD BE IN THE NEIGHBORHOOD OF $300,000, AND OUR COSTS FOR THE JUNE 2ND STATEWIDE PRIMARY WOULD BE 10 TO $25,000. SO OBVIOUSLY A SIGNIFICANT DIFFERENCE THERE. IN LIGHT OF THAT DIFFERENCE AND SORT OF GENERAL STATEMENTS MADE AT THE LAST MEETING, INCLUDING TURNOUT AT PRIMARY ELECTIONS, STAFF'S RECOMMENDING THAT THE COUNCIL DIRECT STAFF TO COME BACK TO YOU AT SOME POINT AFTER DECEMBER 20TH TO SPECIAL MEETING. WE'RE POTENTIALLY PROPOSING IT'S NOT IN THE REPORT, BUT MONDAY, DECEMBER 22ND, IF THAT WORKS, TO CALL A SPECIAL ELECTION TO FILL THE DISTRICT TWO VACANCY ON JUNE 2ND, 2026. SO WITH THAT, HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. ELLEN. WE HAVE A WRITTEN COMMENT CARD FROM JOE SAINT LUCAS. HAVE ELECTION ON JUNE. SAVE THE MONEY. AND ONE SPEAKER, VANESSA SPRINGETT. HELLO AGAIN. I JUST WANTED TO SAY ABSOLUTELY I SUPPORT AN ELECTION IN JUNE.

IT'S A NO BRAINER. SAVING THE CITY 200 AND $300,000. AND I DO LOOK FORWARD TO PUTTING MY NAME BACK IN THE HAT IF AND WHEN THAT TIME BECOMES AVAILABLE. SO THANK YOU VERY MUCH. THANK YOU.

I'M HAPPY TO MAKE A MOTION TO DIRECT STAFF TO SCHEDULE A SPECIAL CITY COUNCIL MEETING.

BRING BACK A RESOLUTION CALLING SPECIAL ELECTION FOR JUNE 2ND. BUT IF ANYBODY HAS ANY DIFFERENT IDEAS, I'M HAPPY TO HEAR THEM. MR. PIKUS, I DID WANT TO SPEAK A BIT. I JUST TO MAKE IT CLEAR IS THAT WE CAN'T. IF WE DECIDED SOMETHING TONIGHT, THE DATE WOULD HAVE TO BE APRIL 14TH. BUT IF WE WAIT UNTIL MONDAY, THEN THE DATE WOULD HAVE TO BE JUNE 2ND. IS THAT CORRECT? CORRECT. YEAH. OKAY. AND OBVIOUSLY THERE IS A SIGNIFICANT PRICE DIFFERENCE IN IT. AND SO AND AS JENNY HAD MENTIONED IN OUR MEETING LAST MONTH, THERE'D BE SIGNIFICANTLY MORE ENGAGEMENT DURING THE PRIMARY IN JUNE 2ND. SO IT SEEMS CLEAR THAT IT'S HARD TO ARGUE AGAINST THAT. AND SO THAT'S THAT SEEMS TO BE THE THE BEST DATE TO HAVE IT. AND I DID WANT TO TAKE A MOMENT TO SPEAK TO THE VOTERS OF DISTRICT TWO, BECAUSE SUCCESSFUL RECALLS ARE AN EXCEEDINGLY RARE EVENT, LIKE A ONCE IN A GENERATION DO OVER. AND I'D URGE YOU NOT TO WASTE THIS OPPORTUNITY THIS TIME AROUND. PLEASE, PLEASE DO YOUR HOMEWORK BEFORE VOTING. AND DON'T VOTE FOR THE CANDIDATE WITH THE MOST FACEBOOK FOLLOWERS. THE MOST ENTERTAINING TIKTOK VIDEOS. VOTE FOR THE PERSON WHO IS COMPETENT ENOUGH TO DO THIS JOB, AND ONE THAT YOU FEEL WILL LOOK OUT FOR THE INTERESTS OF POWAY RESIDENTS WHO WON. REPRESENTING YOU. LOOK DEEPER AND BETTER STILL, PLEASE ASK THEM QUESTIONS. THIS IS A SMALL DISTRICT, 9800 VOTERS. EVERY ONE OF YOU SHOULD BE ABLE TO PERSONALLY TALK TO EVERY

[01:00:05]

ANYBODY ELSE? I'LL SECOND IT. THANK YOU. JENNY, ANYTHING. WE HAVE A MOTION FROM THE MAYOR. A SECOND FROM DEPUTY MAYOR. GOOD MOTION TO DIRECT STAFF TO SCHEDULE A SPECIAL CITY COUNCIL MEETING AND BRING BACK A RESOLUTION CALLING THE SPECIAL ELECTION FOR JUNE 2ND, 2026.

THIS IS A ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MEAD. AYE.

COUNCIL MEMBER PIKUS A DEPUTY MAYOR DEHOFF I AND MAYOR VOS A ITEM PASSES. THANK YOU. MOVING

[10. Appointment of Deputy Mayor for 2026]

[11. Appointment to Regional Agencies' Boards, Commissions and Committees for 2026]

[COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS]

[01:05:01]

SO MY I'M GOING TO RESPOND. ONE, THE CITY HATES BEING PUSHED AROUND AND IS WILLING TO SPEND MONEY ON LITIGATION TO FIGHT BACK, ESPECIALLY IF THE CITY FEELS THAT THE LAW IS ON ITS SIDE. TWO THE CALIFORNIA ATTORNEY GENERAL DECIDED THAT I'M DEFINITELY NOT AN IMPOSTER, SO APPARENTLY NOT EVERYONE KNEW THAT. AND THREE PEOPLE WHO KNOW ME WILL TELL YOU THAT HOLDING THIS OFFICE THROUGH STROKE MY OWN EGO IS PATENTLY UNTRUE. I SERVE HERE WITH THE GREATEST HUMILITY BECAUSE I LOVE THIS CITY, AND I WANT POWAY TO REMAIN PROSPEROUS, SUCCESSFUL, AND A GREAT PLACE TO LIVE. AND FOR THOSE OF YOU WHO DON'T KNOW ME YET, I'M ALWAYS WILLING TO MEET FOR COFFEE ON SOME MORNING BEFORE WORK. AND THANK YOU FOR THAT. HAVE A BLESSED HOLIDAY SEASON. DEPUTY MAYOR DE HOFF. SO I ATTENDED THE CHRISTMAS TREE LIGHTING CEREMONY. IT WAS PRETTY INCREDIBLE. AND BUT I DO WANT TO TAKE A MOMENT TO RECOGNIZE, ACTUALLY, FOR YOU, AUDREY, TO RECOGNIZE SARAH BECKER, WHO'S THE RECREATION AREA MANAGER, BECAUSE DURING THE EVENT THERE, SARAH WAS CONFRONTED WITH, YOU KNOW, SORT OF A IT WAS LIKE AN UNEXPECTED SORT OF STAFFING SHORTAGE WITH SOME OF THE VOLUNTEERS. AND IT WAS REALLY INCREDIBLE TO WATCH.

AND I WAS I GOT THERE EARLY BECAUSE I HAD TO PRACTICE MY SPEECH SO I WOULDN'T LIKE THROW UP OR SOMETHING BECAUSE THERE WERE A LOT OF PEOPLE THERE. AND, YOU KNOW, RATHER THAN SORT OF, YOU KNOW, JUST SORT OF FREAKING OUT OR SOMETHING, YOU KNOW, SHE RESPONDED IMMEDIATELY. WITH HER STAFF AND HER TEAM, THEY SORT OF HUDDLED TOGETHER. THEY WERE, YOU KNOW, REDEPLOYING STAFF IN REAL TIME, PRIORITIZING THE CRITICAL FUNCTIONS AND ENSURING COVERAGE. AND, YOU KNOW, BECAUSE OF HER WORK THERE, I THINK EVERYTHING RAN SMOOTHLY. AND FROM THE PUBLIC'S PERSPECTIVE, I DON'T THINK ANYBODY SAW ANY DIFFERENCE AT ALL. AND THAT'S, I THINK, REALLY ONE OF THE HIGHEST COMPLIMENTS YOU CAN GIVE TO SOMEBODY, YOU KNOW, WHO'S WHO'S LIKE PRACTICING OPERATIONAL EXCELLENCE. SO I WAS REALLY IMPRESSED WITH THAT. SO PASS ALONG MY THANKS TO HER OKAY. THANK YOU. AND COMING BACK TO AUDREY, I THIS PAST WEEKEND HAD THE OPPORTUNITY TO RENT THE POWAY CENTER FOR THE PERFORMING ARTS FOR AN EVENT THAT I'VE PUT ON FOR 36 YEARS. THIS WAS THE FIRST TIME BACK IN POWAY IN 30 YEARS, AND I COULD NOT HAVE BEEN MORE IMPRESSED WITH THE TEAM AT PCPA. THEY MADE US FEEL SO WELCOME AND DID THEIR JOBS IMPECCABLY. THE PCPA LOOKED AMAZING AND WE HAD SO MANY FOLKS THAT HAVE BEEN COMING TO MY EVENT FOR SO MANY YEARS SAY, WOW, THIS IS SO MUCH BETTER THAN ESCONDIDO. SORRY, ESCONDIDO. THE NEW SOUND SYSTEM SOUNDED INCREDIBLE, SO I JUST HOPE THAT YOU PASS ALONG MY PRAISE AND MY THANKS. I'VE PERFORMED IN HUNDREDS, IF NOT THOUSANDS OF VENUES AND I HAVE NEVER FELT MORE WELCOME. SO THANK YOU TO YOUR TEAM. AND IT'S FROM THE HEAD DOWN. YOU WERE YOU WERE THERE FOR SOME OF IT, AS WE WERE PLANNING AND THROWING ALL KINDS OF CURVEBALLS, AND YOU FIT RIGHT IN WITH THEM, JUST COULDN'T HAVE BEEN BETTER. SO THANK YOU FOR ALL OF THAT. FOR THE REST OF YOU, I WANT TO WISH YOU A MERRY CHRISTMAS AND HAPPY HOLIDAYS. WE ARE BLESSED TO LIVE IN THIS CITY. NEVER FORGET THAT CHRIS ALLEN. NOTHING

[CITY ATTORNEY ITEMS]

WELL, COUNCILMEMBER PIKE HAS PRETTY MUCH COVERED IT, SO I WOULD JUST SAY THANK YOU FOR YOUR FAITH. AND, YOU KNOW, YOU DID ACCURATELY SUMMARIZE THE THE VICTORY. SO IT WAS NICE TO BE VINDICATED ON THAT ONE.

* This transcript was compiled from uncorrected Closed Captioning.