[CALL TO ORDER]
[00:00:05]
I WILL, UH, CALL THE MAY 5TH, 2026 REGULAR CITY COUNCIL MEETING.
WILL THE CITY CLERK PLEASE CALL THE CINCO DEMAYA ROLE COUNCIL MEMBER DEHOFF HERE.
DEPUTY MAYOR MEDER, PLEASE LEAD US A PLEDGE.
AND NOW IF YOU WOULD PLEASE JOIN US FOR A MOMENT OF SILENCE.
[PUBLIC COMMENT]
FIRST UP ON THE AGENDA IS PUBLIC COMMENT IN ACCORDANCE WITH STATE LAW AND 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.
SPEAKERS HAVE ONE OPPORTUNITY TO ADDRESS THE COUNCIL DURING PUBLIC COMMENT.
FIRST UP, MARY ELLEN AMBROSE AMBROSE.
I'M A RESIDENT OF THE FARM AND I AM HERE ONCE AGAIN TO SPEAK ABOUT PICKLEBALL AT THE FARM.
BUT MORE IMPORTANTLY, TO BROADEN THIS CONVERSATION, I BELIEVE ONE OF THE MOST FUNDAMENTAL RESPONSIBILITIES OF CITY COUNCIL IS TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE OF ITS CITIZENS.
I KNOW WE CAN ALL AGREE ON THAT.
AND BASED ON THE MOST CURRENT RESEARCH, THE IMPULSIVE, REPETITIVE NOISE GENERATED BY PICKLEBALL IS NOT JUST A NUISANCE, IT'S A PUBLIC HEALTH ISSUE.
IT DIRECTLY AFFECTS THE PHYSIOLOGICAL WELLBEING OF NEARBY RESIDENTS.
I WAS ENCOURAGED BY COUNCIL'S DECISION AT THE LAST MEETING TO DIRECT CITY STAFF TO REVIEW AND RECOMMEND UPDATES TO EXISTING NOISE ORDINANCES.
THAT STEP MATTERS BECAUSE THE REALITY IS THE BODY OF RESEARCH ON PICKLEBALL NOISE HAS EVOLVED SIGNIFICANTLY OVER THE LAST FIVE YEARS.
A KEY FINDING FROM THE NATIONAL TASK FORCE ON PICKLEBALL, A GROUP THAT INCLUDES LEADERS IN THE SPORT AND NATIONALLY RECOGNIZED ACOUSTIC ENGINEERS, IS THIS ONLY DISTANCE AND FULL ENCLOSURE HAVE BEEN PROVEN TO EFFECTIVELY CONTROL THIS TYPE OF NOISE.
TO SUPPORT YOUR RESEARCH AND EDUCATION, I PROVIDED A HANDOUT THAT HOPEFULLY ALL OF YOU HAVE.
THIS ARTICLE PRESENTS A PRACTICAL NONPARTISAN FRAMEWORK FOR UPDATING ZONING ORDINANCES IN A WAY THAT IS FAIR, ENFORCEABLE, AND MANAGEABLE.
THIS IS NOT JUST ABOUT THE FARM.
THIS IS A CITYWIDE ISSUE, ONE THAT REQUIRES A CONSISTENT AND THOUGHTFUL APPROACH.
THE ARTICLE HIGHLIGHTS A CHALLENGE.
MANY CITIES FACE TRADITIONAL NOISE ORDINANCES CAN BE DIFFICULT TO MEASURE, COSTLY TO IMPLEMENT, HARD TO ENFORCE, ESPECIALLY FOR SMALLER TOWNS.
INSTEAD, THE ARTICLE PROPOSES A MORE PRACTICAL ALTERNATIVE APPROACH CENTERED ON WHAT WE DO KNOW THAT WORKS DISTANCE, SPECIFICALLY A THREE-TIERED PERMITTING STRUCTURE BASED ON PROXIMITY TO RESIDENTIAL AREAS.
THE FIRST IS A PROHIBITED ZONE, TYPICALLY 600 OR SO FEET FROM RESIDENTIAL PROPERTY LINES WHERE COURTS ARE SIMPLY NOT ALLOWED.
WHERE MANDATORY ADJUSTMENTS ALSO HAVE TO HAPPEN WHEN TOPOGRAPHY OR TERRAIN IS EXISTS, THAT IS KNOWN TO EXTEND THE SOUND TRAVEL IN THAT LOCATION.
THE NEXT TIER WOULD BE A CONDITIONAL USE ZONE WHERE COURTS MAY BE CONSIDERED, BUT WITH MITIGATION EFFORTS SUCH AS RESTRICTED HOURS OR NO PLAY DAYS.
MS. AMBROSE, I'M AFRAID YOUR TIME IS UP.
I ENCOURAGE YOU TO READ THE ARTICLE AND FOLLOW THE NATIONAL TASK FORCE RECOMMENDATIONS.
[00:05:10]
GREETINGS.I'M A RESIDENT IN DISTRICT TWO.
MY FAMILY MOVED TO POWERWAY IN 1961 WHEN POWERWAY WAS UNINCORPORATED AND THE POPULATION WAS APPROXIMATELY 2065 YEARS LATER.
POWAY REMAINS A UNIQUELY SPECIAL PLACE TO LIVE NOT LONG AGO.
THE IMPORTANCE OF CAPABLE FORWARD-THINKING, GOVERNANCE AND LEADERSHIP REALLY STOOD OUT TO ME AT A CITY COUNCIL MEETING.
A REPORT WAS GIVEN PERTAINING TO THE CLEAR WELL REPLACEMENT AND TREATED WATER FACILITIES PROJECT.
IN SHORT, THE SUCCESS OF THIS PROJECT WAS AS MUCH ABOUT ADMINISTRATIVE DISCIPLINE AND INTER-AGENCY COOPERATION AS IT WAS ABOUT CONCRETE AND STEEL.
WITHOUT A CLEAR VISION AND FISCAL PLANNING, THIS $70 MILLION PROJECT COULD HAVE EASILY BECOME A SOURCE OF COMMUNITY DIVISION RATHER THAN A POINT OF CIVIC PRIDE.
I REFERENCED THIS PROJECT AS A SHINING EXAMPLE OF THE HIGH STANDARD OF INTEGRITY AND MORAL COURAGE WE SHOULD ALWAYS SEE EXEMPLIFIED IN EVERY ASPECT OF THE WORK OF OUR CITY COUNCIL.
THIS BRINGS ME TO THE POINT OF WHY I AM HERE TONIGHT.
WHILE I TRULY RESPECT ANYONE WHO ASPIRES TO SERVE OUR COMMUNITY, I AM WHOLEHEARTEDLY CASTING MY VOTE TO ANITA EDMONDSON.
HERE ARE SOME OF THE CONTEXT FOR MY DECISION.
I HAVE NEVER PUT A CAMPAIGN YARD SIGN ON MY PROPERTY, AND I HAVEN'T GONE DOOR TO DOOR TO SELL OR PROMOTE ANYTHING SINCE I SOLD GIRL SCOUT COOKIES IN THE FOURTH GRADE.
BUT NOW I HAVE A VOTE FOR ANITA SIGN ON MY PROPERTY.
AND OVER THE PAST SEVERAL WEEKS, I HAVE GONE DOOR TO DOOR ENCOURAGING RESIDENTS IN DISTRICT TWO TO VOTE FOR ANITA.
AND HERE ARE THE REASONS WHY ANITA IS A HIGHLY PRINCIPLED INDIVIDUAL.
SHE WAS INTEGRAL TO THE INITIATING AND DRIVING THE TONY BLAINE RECALL.
IF ELECTED ANITA WILL RESTORE VOTER TRUST AND HIT THE GROUND RUNNING, SHE WILL COMPLIMENT WORKS IN PROGRESS, USE OFFICIAL CITY CHANNELS, FOLLOW PUBLIC RECORD LAWS, AND FOCUS ON PUBLIC POLICY.
A TOPIC THAT IS DOMINATING THE PAI CONSERVATION RIGHT NOW IS THE PAI ROAD CORRIDOR.
I WOULD ASK IN ITS CURRENT STATE, IS POWAY ROAD PERFECT? I WOULD SAY NO.
BUT IS IT A WORK IN PROGRESS TO THIS? I WOULD SAY YES.
I WOULD SAY THAT I AM CONFIDENT THAT ANITA WILL BRING HELPFUL NAVIGATION AND MEDIATION SKILLS TO THE TABLE, IMPACTING DIRECTION AND RESOLUTION TO CHALLENGES AT HAND.
RECONCILING CITY AND THE COUNTRY SENSITIVITIES WITH STATE HOUSING MANDATES.
TAKE FIVE SECONDS IF YOU'D LIKE TO FINISH.
I WOULD IDENTIFY ANITA AS THE RIGHT PERSON TO FORTIFY AND ENHANCE POWER'S BRIGHT PATH FORWARD.
I'M NOT QUITE AS POLL AS POLISHED AS MY WIFE'S SPEECH, BUT THIS IS WHAT I'VE WRITTEN DOWN HERE.
I'M A 40 YEAR RES RES POWAY RESIDENT, AND I'VE JUST RETURNED FROM TWO WEEKS OF TRAVEL WHERE THE MOST COMMON DISCUSSION IS, WHERE ARE YOU FROM? AND EVERY TIME I SAID SAN DIEGO, EVERYONE'S IMMEDIATE RESPONSE WAS, THEY LOVE SAN DIEGO.
WELL, SOME I CONSIDER POWAY TO BE ONE OF THE SPECIAL PLACES WITHIN SAN DIEGO.
SOME OF THE THINGS THAT MAKE POWAY SPECIAL ARE OUR PARKS, LAKE POWAY, THE COMMUNITY PARK, ALL POWAY PARK, ALL THE LOCAL PARKS, OUR LOCAL HIKING TRAILS, BLUE SKY, IRON MOUNTAIN, AND ALL SORTS OF MY UNDERSTANDING THAT ABOUT 53% OF OUR O SPACE IN POWAY IS PROTECTED OPEN SPACE.
WE HAVE AN AMAZING FARMER'S MARKET.
WE HAVE OUR POWAY PERFORMING ARTS CENTER, OUR PAL PACK COMMUNITY THEATER, SPORTS FACILITIES OF BUSINESS PARK FOR LOCAL EMPLOYMENT, AND THE MANY POWAY COMMUNITY EVENTS THAT POWAY SPONSORS, INCLUDING THE FIREWORKS DURING COVID WHEN EVERYONE PULLED IN AND GOT RID OF FIREWORKS,
[00:10:01]
POWAY LEANED IN AND PROVIDED TWO FIREWORKS, WHICH CONTINUES TO THIS DAY.WE'RE RATED ONE OF THE SAFEST CITIES IN CALIFORNIA.
WE HAVE A GREAT POWAY FIRE DEPARTMENT.
OUR QUALITY ROADS WITH THE STREET MAINTENANCE, OUR WATER INFRASTRUCTURE PROJECT AND THE INFLUX OF NEW LOCAL SHOPS REFLECTS OUR GROWING VIBRANCE OF THE COMMUNITY.
SO MY POINT IN BEING UP HERE IS TWOFOLD.
ONE IS TO THANK ALL OF YOU FOR EVERYTHING YOU DO FOR OUR CITY.
I WOULD LIKE TO THANK OUR LAW ENFORCEMENT, OUR FA POWERWAY FIRE DEPARTMENT, THE CITY STAFF, AND ALL THE DEPARTMENTS.
OUR CITY MANAGER AND CITY ATTORNEY WHO HAD TO DO EXTRA HARD WORK, UH, RECENTLY.
AND OUR CITY COUNCIL AND OUR CITY MAYOR APPRECIATE ALL YOU DO.
AND SECONDLY, I'D LIKE TO LET YOU KNOW THAT I HOPE THAT VACANCY IS FILLED BY ANITA EDMONDSON, ALSO WITH, WITH OUR ELECTION THAT'S UPCOMING HERE IN NOVEMBER.
THANK YOU SO MUCH AND APPRECIATE ALL YOUR SERVICES.
MY NAME IS KEN AND I'M A CITY OF POWAY RESIDENT.
UH, I'VE WORKED IN POWAY FOR OVER 13 YEARS AT GENERAL ATOMICS.
AND MY WIFE AND I AND OUR TWO KIDS RECENTLY BOUGHT IN THE FARM, UH, ABOUT TWO AND A HALF YEARS AGO.
WE WERE PROMISED THAT THERE WOULD BE A RECREATION FACILITY PUT IN THERE IN THE MIDDLE OF THE NEIGHBORHOOD.
WHAT WE'RE NOT ON BOARD WITH IS SOME MONSTROSITY THAT TURNS IT INTO 20 SOME ODD PICKLEBALL COURTS THAT CAUSES UTTER MAYHEM.
NO RESIDENT IS ACTUALLY ON BOARD WITH THIS.
IF YOU TALK TO A SINGLE RESIDENT IN THAT NEIGHBORHOOD OR SURROUNDING NEIGHBORHOODS, NOT A SINGLE ONE IS ON BOARD WITH THIS.
I REALLY, REALLY HOPE THAT YOU GUYS LISTEN TO THE RESIDENTS OF POWAY AND THAT YOU GUYS CONSIDER EVERYTHING THAT SHOULD BE ACCOUNTED FOR WHEN IT COMES TO APPROVING SUCH A PROPOSAL.
I KNOW NOTHING'S OFFICIAL ON THE BOOKS RIGHT NOW, BUT WHAT WE'VE HEARD, AND WE'VE JUST BEEN KEPT IN THE DARK, WHICH IS NOT EXACTLY, UM, UH, HEARTENING.
WE REALLY HOPE THAT YOU GUYS CONSIDER NOISE LEVELS, LIGHTING, CONDITIONS, HOURS OF OPERATIONS.
THE PREVIOUS PROPOSALS THAT'S ACTUALLY BEEN, UH, PROPOSED AND VOTED DOWN HAD SOME UTTER RIDICULOUS HOURS OF OPERATION AND LIGHTING.
THEY WANTED TO OPERATE FROM 7:00 AM OR SUNRISE, ONE OF THE TWO TO 10:00 PM SEVEN DAYS A WEEK.
THEY WANTED TO HAVE, UH, A MUCH, MUCH LARGER FACILITY THAN ONE'S EVER EXPECTED.
THEY HAD WANTED TO HAVE 24 HOUR SECURITY LIGHTING.
I LIVE ON THE TOP OF THE HILL THAT LOOKS RIGHT DOWN INTO THAT.
SO THE NOISE AND THE LIGHTINGS CAN COME RIGHT UP TO ME.
SO I CARE ABOUT THIS A LOT, NOT JUST FOR MYSELF AND MY OWN, UH, YOU KNOW, UH, UH, PEACE OF MIND, BUT FOR MY KIDS, I WANT US TO ALL LOVE OUR NEIGHBORHOOD.
I WANT IT TO BE SOMEPLACE THAT WE LOOK FORWARD TO EVERY SINGLE NIGHT.
NOT SOMETHING THAT WE DREAD BECAUSE THE NOISE LEVELS ARE TOO HIGH, THE LIGHTING IS TERRIBLE, WE CAN'T SEE THE SUNSET OR ANYTHING LIKE THAT.
SO I JUST WANNA SAY, PLEASE PUT YOURSELF IN OUR SHOES.
UM, YOU GUYS WERE ELECTED HERE TO CARE ABOUT THE RESIDENTS, NOT CORPORATIONS.
SO PLEASE KEEP THAT IN MIND AND I BEG YOU TO CONSIDER THAT AND JUST THINK ABOUT WHAT WOULD THE RESIDENTS WANT, NOT WHAT SOME CORPORATION MIGHT WANT.
THIS IS MY 17TH YEAR DOING IT.
YOU'D THINK I'D REMEMBER IT INSTEAD OF HAVING TO RING MY NOTES.
FIBROMYALGIA AWARENESS DAY IS MAY 12TH.
IT'S OBSERVED ON THE BIRTHDAY OF FLORENCE NIGHTINGALE.
FIBROMYALGIA IS A CONDITION CHARACTERIZED BY CHRONIC WIDESPREAD PAIN.
THE PAIN CAN VARY FROM PERSON TO PERSON, LOCATION TO LOCATION, AND DOESN'T NECESSARILY STAY IN ONE LOCATION OVER TIME.
YOU COULD WAKE UP WITH PAINS IN YOUR ARMS OR LEGS ONE DAY AND IT'S GONE THE NEXT.
PEOPLE GENERALLY THAT HAVE THIS, HAVE A HEIGHTENED SENSITIVITY TO PAIN.
NOW, WHAT'S STRANGE ABOUT THIS, AMONG OTHER THINGS, IS THAT THERE IS NO PHYSICAL DAMAGE THAT HAPPENS TO PEOPLE'S BONES OR MUSCLES.
IT'S IN THE CENTRAL NERVOUS SYSTEM.
SO YOU CAN'T TELL BY LOOKING AT SOMEBODY THAT THERE'S SOMETHING WRONG.
LIKE IF THEY HAD A BROKEN ARM, YOU'D SEE A CAST.
OTHERWISE, YOU KNOW, WITH FIBROMYALGIA, YOU CAN'T TELL.
[00:15:01]
HAVE PROBLEMS SLEEPING AND YOU KNOW, IF YOU CAN'T SLEEP FOR A WHILE, TOSSING AND TURNING, IT TAKES HAVOC ON THE REST.YOU KNOW, EVERYTHING ELSE YOU'RE DOING.
IT CAN AFFECT PEOPLE OF ANY AGE, MOSTLY MIDDLE AGE.
BUT THERE ARE SOME KIDS THAT HAVE IT.
AND IT'S ESTIMATED THAT THERE'S 12 MILLION PEOPLE IN THE UNITED STATES THAT HAVE THIS.
IT AFFECTS ALL RACIAL AND ETHNIC BACKGROUND.
THE CAUSE IS UNKNOWN, THE CURE IS UNKNOWN.
THERE ARE SOME MEDICINES THAT CAN TREAT SOME OF THE SYMPTOMS BUT NOT MAKE IT GO AWAY.
PLUS IT USUALLY TAKES ABOUT FIVE YEARS TO BE DIAGNOSED WITH FIBRO.
THEY HAVE TO RULE EVERYTHING OUT.
FINALLY, AFTER FIVE YEARS OR SO, THEY'LL SAY YOU MUST HAVE FIBROMYALGIA BECAUSE THEY CAN'T REALLY, THEY CAN'T REALLY TELL.
SO
JUST BECAUSE YOU CAN'T SEE IT DOESN'T MEAN IT'S NOT THERE.
OKAY? I'M HOPING THAT ON THE 18TH YEAR I'LL SAY, HEY, THERE'S A FIX.
THAT CONCLUDES THE PUBLIC COMMENT.
[CONSENT CALENDAR]
OWNER AGENDA IS THE CONSENT CALENDAR.DO YOU HAVE ANY SPEAKERS OF CONSENT? NO.
I NEED A MOTION TO APPROVE ITEMS ONE THROUGH SEVEN OF THE CONSENT CALENDAR.
MOTION FROM COUNCIL MEMBER DOFF.
FROM SECOND FROM DEPUTY MAYOR MA.
WILL THE CITY CLERK PLEASE CALL THE ROLL COUNCIL MEMBER DEHOFF AYE.
[8. Appeal 26-0001 - An Appeal of the Denial of Boundary Adjustment Application 25-0002, Located South of Ahwahnee Way and North of Cree Drive (APNs 317-611-01 and 314-440-38)]
IS ITEM EIGHT IN APPEAL.AN APPEAL OF THE DENIAL OF BOUNDARY ADJUSTMENT APPLICATION 25 0 0 0 2.
LOCATED SOUTH OF ANI WAY AND NORTH OF CREE DRIVE.
8:00 PM 3 1 7 6 1 1 0 1 AND 3 1 4 4 4 0 3 8.
I WILL NOW OPEN THE PUBLIC HEARING.
SENIOR CIVIL ENGINEER SARAH ZO WILL PRESENT THE ITEM ALONG WITH A POWERPOINT.
TONIGHT I'LL BE PRESENTING APPEAL 26 DASH 0 0 0 1.
THE APPEAL OF CITY STAFF'S DENIAL OF BOUNDARY ADJUSTMENT APPLICATION 25 DASH ZERO TWO.
THE AREA ABOVE SHOWS THE TWO EXISTING PARCELS THAT ARE PROPOSED TO BE ADJUSTED.
THE PARCELS ARE IN THE RURAL RESIDENTIAL A ZONE AND LIE EAST OF STAR RIDGE PARK, WEST OF CATAWBA, AND PIQUA DRIVE STRETCHING FROM ANI WAY TO CREE DRIVE.
THIS IS THE PROPOSED BOUNDARY ADJUSTMENT.
THE APPLICANT IS PROPOSING A BOUNDARY ADJUSTMENT THAT SHIFTS THE SHARED PARCEL LINE TO CONSOLIDATE THE STEEPER SLOPES INTO THE SOUTHERN PARCEL.
BY DOING SO, THE NORTHERN PARCEL BECOMES FLATTER, REDUCING ITS AVERAGE SLOPE AND LOWERING THE MINIMUM LOT SIZE REQUIREMENT FROM EIGHT ACRES TO FOUR ACRES.
THIS ADJUSTMENT WOULD MAKE IT POSSIBLE FOR THE NORTHERN PARCEL TO BE SUBDIVIDED INTO TWO LOTS IN THE FUTURE.
ANY FUTURE SUBDIVISION WOULD REQUIRE A PUBLIC HEARING AND APPROVAL BY CITY COUNCIL.
CITY STAFF DENIED THE BOUNDARY ADJUSTMENT BECAUSE THE RESULTING PARCELS WOULD NOT COMPLY WITH APPLICABLE PROVISIONS OF THE STATE GOVERNMENT CODE SUBDIVISION MAP ACT, GENERAL PLAN AND POWER MUNICIPAL CODE, GOVERNMENT CODE AND SUBDIVISION MAP ACT 66 4 4 12 D REQUIRES PARCELS RESULTING FROM A LOT LINE ADJUSTMENT TO CON CONFORM TO THE GENERAL PLAN AND ZONING CODE.
POLICY B FIVE OF THE COMMUNITY DEVELOPMENT ELEMENT OF THE GENERAL PLAN STATES LOT SIZES AND SHAPES SHOULD FOLLOW A RECTANGULAR PATTERN WITH A LOT DEPTH TO WIDTH RATIO BETWEEN TWO AND THREE TO ONE.
AS YOU CAN SEE ON THE LEFT, THE EXISTING PARCELS ARE ROUGHLY RECTANGULAR.
THE PROPOSED BOUNDARY ADJUSTMENT ON THE RIGHT WOULD CREATE IRREGULARLY SHAPED PARCELS THAT DO NOT FOLLOW A RECTANGULAR PATTERN.
BRINGING THE PROPOSAL OUT OF COMPLIANCE WITH THE GENERAL PLAN PA MUNICIPAL CODE 17 0 8 1 60 REQUIRES ALL PARCELS IN THIS ZONE TO MAINTAIN A MINIMUM LOT WIDTH OF 110 FEET.
UNDER THE PROPOSED ADJUSTMENT, ONE OF THE
[00:20:01]
RESULTING PARCELS WOULD NARROW TO 80 FEET AT WHAT WOULD BE THE REAR YARD, WHICH DOES NOT MEET THIS STANDARD AT ITS NARROWEST POINT.THE PARCEL IS APPROXIMATELY 41 FEET WIDE, RESULTING IN A LOT THAT DOES NOT COMPLY WITH THE POWER MUNICIPAL CODE WIDTH REQUIREMENTS.
POI MUNICIPAL CODE 17 0 8 1 70 SUBSECTION A FOUR ESTABLISHES A MAXIMUM LOT DEPTH TO WIDTH RATIO OF THREE TO ONE.
THE EXISTING PARCELS MEET THE STANDARD, BUT THE PROPOSED PARCELS DO NOT.
LOTS EXCEEDING THIS RATIO ARE CONSIDERED UNUSUALLY SHAPED AND MAY ONLY BE ALLOWED WHEN THE CITY COUNCIL DETERMINES THEY ARE NECESSARY TO PRESERVE UNIQUE TOPOGRAPHIC FEATURES.
RIPARIAN WOODLAND AREAS OR OTHER IMPORTANT COMMUNITY OPEN SPACE RESOURCES.
THE PROPOSED ADJUSTMENT CREATES UNUSUALLY SHAPED PARCELS AND NO FINDINGS WERE MADE TO DETERMINE THE UNUSUAL SHAPE AS NECESSARY FOR RESOURCE PRESERVATION.
REGARDING ACCESS AND WILDFIRE DEFENSIBLE SPACE REQUIREMENTS, POI MUNICIPAL CODE 16 14 0 1 OH SUBSECTION C PROHIBITS IMPAIRING EXISTING ACCESS OR CREATING A NEED FOR NEW ACCESS.
THE ADJUSTMENT RESULTS IN A NARROW AND STEEP PORTION OF THE PROPERTY THAT LIMITS INTERNAL ACCESS WITHIN THE SOUTHEASTERN PARCEL.
THE FIRE DEPARTMENT ALSO REVIEWED THE CONFIGURATION AND AGREED THAT IT IMPOSES AN UNDUE BURDEN ON ONE PROPERTY OWNER AND HINDERS ACCESS FOR ONGOING FIRE FUEL MANAGEMENT.
THE APPLICANT SENT A LETTER AND ORGANIZED A NEIGHBORHOOD MEETING ON APRIL 9TH TO INTRODUCE THE PROPOSED DEVELOPMENT ANSWER QUESTIONS AND HEAR CONCERNS FOLLOWING THAT OUTREACH.
AND AFTER THE PUBLIC NOTICE FOR THIS HEARING WAS ISSUED, THE CITY RECEIVED SEVERAL RESPONSES FROM NEIGHBORING PROPERTY OWNERS, WHICH HAVE BEEN INCLUDED IN YOUR AGENDA.
STAFF RECOMMENDS UPHOLDING THE DENIAL TO THE BOUNDARY ADJUSTMENT DUE TO THE BOUNDARY ADJUSTMENT NOT MEETING THE STATE GOVERNMENT CODE, THE SUBDIVISION MAP ACT, GENERAL PLAN AND POWER MUNICIPAL CODE REQUIREMENTS.
WE WILL NOW HEAR FROM, UH, THE APPLICANT WHO WILL PRESENT, UH, WITH A POWERPOINT.
CITY COUNCIL AND AND COMMUNITY.
UH, THIS IS AN UNUSUAL LOT AS SARAH WAS CORRECTLY POINTING OUT.
UH, AND, BUT THERE IS REASON BEHIND IT AND WE PUT A LOT OF THOUGHT INTO THIS EFFORT FOR A VERY TOP DOWN SUMMARY AND, AND OUR ANGLE AND KIND OF EXPLAINING THE PRO THE THE EFFORT THAT WE'RE TRYING TO ESTABLISH HERE IS, UH, RIGHT NOW WE'RE CURRENTLY ALLOWED TO BUILD ONE SINGLE FAMILY HOME AND ONE A DU.
WE WANT TO SPLIT THE TOP LOT SO THAT WE CAN BUILD TWO SINGLE FAMILY DWELLINGS.
THE REASON IS, IS BECAUSE WE'RE EXPECTING OUR THIRD CHILD AND THE SINGLE OF THE A DU WILL HAVE AN INSUFFICIENT LIMIT OF SQUARE FOOTAGE THAT IT'S ALLOWED TO HAVE FOR US TO BUILD A HOME THAT'S SUFFICIENTLY BIG FOR US TO GROW INTO.
AND FOR A LONG PERIOD OF TIME, WE WILL OFFER SIGNIFICANT, UM, COMMUNITY.
UH, WE'RE WE'RE TRYING TO PRESERVE WETLANDS AND GUARANTEE THAT THE REST OF THE SPACE WILL NEVER BE BUILT UPON OR DEVELOPED AS OPEN SPACE.
AND WE BELIEVE THAT THAT IS IN, IN SUPPORT OF THE, WHAT THE NEIGHBORHOOD BELIEVES IN.
WE ARE ALSO PROPOSING TO ERECT A HIKING TRAIL CONNECTION FROM THE STORAGE PARK ALL THE WAY TO CATAWBA, UH, WHICH WILL ALLOW THE COMMUNITY TO HIKE BETWEEN THOSE TWO LOCATIONS, WHICH OUR DEVELOPMENT WILL CURRENTLY BLOCK.
THERE IS NO REZONING, NO ADDITIONAL DENSITY, NO ADDITIONAL STRUCTURES AND NO THROUGH STREETS.
THIS IS ALL FEEDBACK THAT WE GOT FROM THE NEIGHBORHOOD THAT THEY WERE CONCERNED ABOUT.
AND I REALLY WANNA STRESS THAT WE HAVE NONE OF THIS HAPPENING IN OUR EFFORT.
WE ARE TRYING TO ERECT A SIX PLUS ACRE PERMANENT OPEN SPACE EASEMENT, AND WE'RE TRYING TO ERECT AN OFFICIAL POWERWAY HIKING TRAIL, HOPING THAT OUR GRADING SUBMISSION, UH, WILL BEGIN, UH, IN OUR GRADING WILL, WILL START IN 2026 AND SEPTEMBER OF 2026.
THIS PICTURE IN FRONT OF YOU IS OUR EFFORT.
IF YOU LOOK AT THE TOP, THESE ARE THE TWO STRUCTURES THAT WE ARE PROPOSING.
THESE ARE THE STRUCTURES THAT ARE ALLOWED TO BE BUILT RIGHT NOW.
THERE'S NO RESTRICTION OR STOPPING US FROM DOING THIS.
THIS RED LINE TO THE RIGHT OF THE STRUCTURE IN THE BOTTOM IS THE ONLY STRUCTURAL DIFFERENCE THAT WILL OCCUR.
[00:25:01]
PROPOSAL APPEAL IS APPROVED, NO OTHER STRUCTURE WILL CHANGE WHATSOEVER ON THIS PROPERTY.IF YOU LOOK TO THE BOTTOM LEFT OF YOUR SCREEN, YOU'LL SEE THE DIFFERENCE IN THE TWO STRUCTURES.
THE ONE ON THE RIGHT IS WHAT WE'RE ALLOWED TO DO RIGHT NOW, AND THE ONE ON THE LEFT IS WHAT WE WOULD LIKE TO DO.
THERE'S NOTHING MORE, NOTHING LESS.
OUR BOUNDARY ADJUSTMENT PROPOSAL BASICALLY TOOK THE BOTTOM RIGHT HAND CORNER, AS YOU GUYS SAW IN THE, IN THE IMAGE THAT SARAH PROVIDED AND SPLIT AND BROUGHT IT TO THE BOTTOM LOT.
THIS WILL LOWER THE AVERAGE SLOPE TO 14.6%, WHICH IS WHAT WE NEED TO SPLIT IT.
THIS OUR PROPOSAL WILL INCLUDE THE OPEN SPACE EASEMENT, THE HIKING TRAIL, AND WILL ALSO CREATE A PERMANENT TAXABLE PROPERTY FOR THE CITY OF POWAY MOVING FORWARD IN PERPETUITY.
AND THIS IS A REALLY IMPORTANT POINT BECAUSE RIGHT NOW, AS IT STANDS, MY, MY FATHER-IN-LAW HAS A TITLE 19 TAX CODE AND HE'S GONNA BE FIXED PROPERTY TAX MOVING FORWARD.
THE A DU RIGHT NOW WILL INCREASE THE AMOUNT OF PEOPLE LIVING THERE, BUT WILL NOT CHANGE PROPERTY TAX IF WE ARE ALLOWED TO SPLIT.
I DON'T KNOW EXACTLY HOW THE CALCULATION IS DONE, BUT I BELIEVE IT WOULD BE SOMETHING BETWEEN 10 AND $20,000 OF PROPERTY TAX REVENUE FOR THE CITY OF POI IN PERPETUITY.
ALWAYS WITHIN 10 YEARS, WE'RE GONNA PAY FOR SOME SERIOUS SERVICES WITHIN THE CITY.
THE CITY DENIED THE PROPOSAL FOR THREE REASONS.
NUMBER ONE, IT IS UNUSUAL SHAPE.
IT, IT HAS UNUSUAL, UM, PROPORTIONS, LET'S SAY NOT, NOT THE EXACT THREE TO ONE, THAT IS CORRECT, BUT THE CITY CASTLE AS, AS SARAH POINTED OUT, CAN IMPROVE UNUSUALLY SHAPED LOTS WHEN PRESERVING RIPARIAN WOODLANDS.
UNIQUE TOPOGRAPHIC FEATURES OR AREAS OF SIGNIFICANT COMMUNITY IMPORTANCE.
I WANT TO GO BACK TO, UM, THIS IMAGE AND POINT OUT THAT AT THE BOTTOM OF OUR LOT IS AN EXISTING WET MEADOW AREA.
THIS IS ACTUALLY IN INCREDIBLY IMPORTANT FOR TWO REASONS.
NUMBER ONE, THIS IS WHAT'S PREVENTING US FROM DOING AN SB NINE LOT SPLIT.
I LOOKED UP AND ORIGINALLY WE WERE TOLD THAT WE WOULDN'T BE ABLE TO DO IT BECAUSE THE FIRE ZONING, BUT I FOUND SOME LAWS THAT ALLOW US TO TAKE EXCESSIVE FIRE MITIGATION, UM, STEPS AND IT WOULD ALLOW A LOT SPLIT WITH A HIGHER FIRE ZONING.
BUT BECAUSE OF THE WETLAND, WE ARE NOT ALLOWED TO DO AN SB NINE.
THIS WETLAND, WE ARE PRESERVING IN THE OPEN SPACE EASEMENT THAT I'M GONNA BE SHOWING AND DEMONSTRATING TO YOU LATER, THIS IS EXACTLY WHAT THE CODE CALLS OUT FOR WHEN THEY SAY PRI RIPARIAN WOODLANDS OR UNIQUE TOPOGRAPHIC FEATURES.
THIS IS THE EXACT DEFINITION OF IT.
THESE ARE NATIONALLY PROTECTED WETLANDS AND WE WILL ALSO OFFER A SIGNIFICANT COMMUNITY IMPORTANTLY, OR PARDON MY, LIKE MY GRAMMAR, THE HIKING TRAIL OF SIGNIFICANT COMMUNITY IMPORTANCE.
ON THE LAST SLIDE OF THIS PRESENTATION, I'M GONNA SHOW YOU, UH, AN IMAGE OF MANY EXISTING REGULARLY SHAPED LOTS THAT THE CITY OF POWAY HAS APPROVED.
THEY ARE EXISTING AND THEY DO NOT BOTHER ANYONE BECAUSE THEY ARE LINES ON A PAPER EXACTLY WHAT WE WERE PROPOSING HERE.
FURTHERMORE, THE GENERAL POLICY AS AS SARAH CORRECTLY POINTED OUT, STATES IT SHOULD FOLLOW THIS GENERAL PLAN.
IT NOT THAT IT IS REQUIRED IN YOUR DISCRETION.
CITY COUNCIL CAN CHOOSE TO SAY THAT YOU ARE PRESERVING RIPARIAN WOODLANDS.
THE HIKING TRAIL IS OF A SIGNIFICANT COMMUNITY IMPORTANCE, AND IT WOULD BE NICE TO HAVE PROPERTY TAX IN THAT CASE.
YOU CAN CHOOSE TO APPROVE AN IRREGULAR SHAPED LOT.
UM, AND THEN BACK TO THAT, I I CAN GO NOW FOR THE LOT DIMENSION THAT IS 80 FEET LESS THAN 110 FEET.
UM, I WAS UNAWARE OF THIS LOT MINIMUM WHEN I SUBMITTED THE APPLICATION, BUT EVEN, EVEN CONSIDERING IT, I I IT'S VERY IMPORTANT TO NOTE THAT THE TOTAL WIDTH OF THIS LOT IS 500 FEET.
THE AVERAGE WIDTH OF THIS LOT, INCLUDING THE 80, IS 356 FEET.
THAT IS NOT SKIRTING 110 FEET.
THAT IS ON A MULTIPLE, ON A SCALE OR MULTIPLE OF IT.
SO TECHNICALLY YES, BUT EFFECTIVELY NO.
FURTHERMORE, THIS 80 FOOT SECTION, AGAIN,
[00:30:01]
IS FULLY CONTAINED IN THE OPEN SPACE EASEMENT WHEN THESE LOT MINIMUMS ARE USED FOR DEVELOPMENT AND, AND TO MAINTAIN SETBACKS.UM, THERE, UH, PARDON ME, UH, THERE WILL BE NO DEVELOPMENT HERE BECAUSE OF THE OPEN SPACE EASEMENT.
FINALLY, FOR THE FIRE MITIGATION AND THE EASTERN ACCESS, THERE IS EXISTING ACCESS FROM KAABA AND THERE WILL BE ACCESS FROM THE HIKING TRAIL THAT WE'RE GONNA INSTITUTE.
THE WAY THAT THE PEOPLE WHO ARE GONNA MITIGATE THAT FIRE O ON THE EASTERN SLOPE WOULD BE ACCESSING THE SAME WAY NOW AS THEY WILL AFTER THE BOUNDARY ADJUSTMENT.
THIS IS A SAMPLE OF THE OPEN SPACE EASEMENT THAT WE'RE PROPOSING.
WHAT YOU'LL SEE IS THAT IT CONSIDERS THE TWO STRUCTURES.
IT CONSIDERS THE FIRE MITIGATION ZONE, AND THEN IT HAS A SMALL LITTLE DIAMOND IN THE CENTER THAT MY FATHER-IN-LAW WANTS TO RESERVE FOR A GARDEN THAT HE WANTS TO BE ABLE TO PLANT IN THE FUTURE.
THIS BLUE LINE IS A SAMPLE HIKING TRAIL, WHICH IS WHAT WE EXPECT IT TO BE.
AND WHEN I SPOKE WITH, UH, THE GENTLEMAN IN PARKS, UH, HE SAID THAT THEY WOULD REQUIRE A NUMBER OF SWITCHBACKS BECAUSE IT'S VERY STEEP.
WHY SHOULD THE NEIGHBORHOOD TRUST US? DON'T, DON'T TRUST US.
WE'VE HEARD THE HORROR STORIES OF THE PAST PROJECTS, BREAKING PROMISES AFTER APPROVAL, ALL LEADING TO A PROFOUND DISTRUST OF SUBDIVISIONS.
WE ARE SIMPLY CITIZENS WHO PURCHASE LAND TO DEVELOP FOR OURSELVES.
WE HOPE TO JOIN THE NEIGHBORHOOD ON GOOD TERMS AND PROPOSE FOR THE OPEN SPACE EASEMENT TO BE COMPLETED BEFORE THE BOUNDARY ADJUSTMENT IS TO BE RECORDED.
WE ARE ASKING CITY COUNCIL TO CONSIDER SETTING THE OPEN SPACE EASEMENT AS A CONDITION FOR RECORDING THE BATTERY ADJUSTMENT.
WE WILL FILE THE DOCUMENTATION FOR IT AT THE END OF THIS WEEK.
WE ARE ASKING FOR THIS BOUNDARY ADJUSTMENT TO BE CONDITIONALLY IMPROVED ONLY IF THE OPEN SPACE EASEMENT IS RECORDED AND THEN WE CAN PURSUE THE SUBDIVISION.
THEREAFTER, WE HAVE SENT OVER 220 LETTERS TO EVERY NEIGHBORHOOD WITHIN A NEIGHBOR WITHIN 500 FEET OF THE OF THE DEVELOPMENT.
WE RENTED A MEETING ROOM, WE GOT EMAIL RESPONSES, AND I'VE WALKED THE NEIGHBORHOOD MANY, MANY NIGHTS.
EVERY NEIGHBOR THAT HAS TAKEN THE TIME TO SPEAK TO ME AND UNDERSTAND THE PROJECT AND BELIEVES WHAT I SAY, THEY HAVE NO PROBLEM WITH THIS EFFORT.
I HAVE ONE SLIDE LEFT ON THIS SLIDE.
IS THAT PICTURE OF UNUSUALLY SHAPED LOTS THAT EXIST IN POWAY.
THE PROJECT WILL PROGRESS THE ORIGINAL PROJECT, THE ORIGINAL A DU WILL PROGRESS WITH OR WHEN WITHOUT THE BOUNDARY ADJUSTMENT APPROVAL.
WE BELIEVE THAT THERE'S A CLEAR PUBLIC BENEFIT IN THE HIKING TRAIL AND THE OPEN SPACE EASEMENT AND THE PROPERTY TAX THAT WOULD BE COLLECTED ON, ON CITY POWELL'S BEHALF.
AND FOR THOSE REASONS, WE, WE URGE YOU TO CONSIDER APPEALING AND, AND AND UPHOLDING OUR APPEAL.
I HAVE A FEW SPEAKERS ON THIS ITEM.
FIRST UP, UH, RACHEL WIN GRAD.
SORRY IF I'M NOT SAYING THAT RIGHT.
HI, RACHEL RAD AND I LIVE ON THE WANEE WAY, UM, AT FACE VALUE.
UM, BUT THE QUESTION IS, UM, O ON THE DOCUMENTS THAT WERE SUBMITTED, UM, THROUGH THE WEBSITE OF THIS MEETING, IT SAYS THAT IT'S TWO HOUSES AND AN A DU.
AND THEN DOES IT OPEN IT UP TO ACTUALLY BUILDING MORE HOUSES ON THE AREA? UM, SECOND, I KNOW THERE WAS SOME CONCERNS ABOUT SOME LANDSLIDES ON CREE.
UM, SO, UM, I, THE, THE WORRY IS THAT BECAUSE OF THE TOPOGRAPHY, IS IT GOING TO BE MORE EXPENSIVE THAN THEY THOUGHT IT WAS? AND WHAT HAPPENS TO THE AREA IF THE PROJECT GETS ABANDONED OR BANKRUPTCY IS FILED? UM, AND THEN, UM, AND THE, THE LANGUAGE IN THE SUBMITTED PAPERWORK SET, UM, HAS TALK OF SUBDIVISION, WHICH IS I THINK WHY MOST OF THE NEIGHBORS WERE GETTING WORRIED ABOUT WHAT THAT MEANT FOR OUR NEIGHBORHOOD.
[00:35:02]
SO, UM, IF IT DOESN'T CHANGE, IF IT'S JUST THE TWO HOMES, IF IT'S A HOME, TWO HOMES ON THAT PROPERTY, UM, AND IT DOESN'T CHANGE THE TOPOGRAPHY AND IT DOESN'T CHANGE THE THOROUGH WAY AND, UM, IT DOESN'T CAUSE DAMAGE TO THE HOMES THAT ARE ON THE HILLSIDE.UM, IT WOULD NOT BE AN ISSUE FOR ME.
BUT, UM, THAT REMAINS, I GUESS, FOR THE EXPERTS.
I LIVE ON AWAN ANYWAY, ALSO I'VE LIVED IN OUR LITTLE PARADISE UP THERE FOR 20 PLUS YEARS.
AND I DID SPEAK WITH JONATHAN ABOUT HIS PROPOSAL AND ON DISCUSSION.
IF IT IS TWO HOMES, I THINK MOST OF US IN THE AREA ARE OKAY WITH THAT.
THE PROBLEM IS, IS WE'RE SO AFRAID OF ANY KIND OF SUBDIVISION.
UM, THE RRA GOING AWAY, ESPECIALLY BECAUSE OF THE SLOPE OF THE LAND THERE.
LIKE RACHEL MENTIONED, THERE HAS BEEN SOME EROSION OFF OF CREE.
SOME OF THE NEIGHBORS THAT WE'VE SPOKEN TO OFF OF CATAWBA HAVE ALSO HAD THAT PROBLEM.
AND I KNOW ON AWAN WAY THE WAY THE HOUSES WERE BUILT, THE HOUSES, THE, THE LAND WAS CUT AND THE THE SLOPE WAS JUST PUSHED OVER, WHICH MAKES IT MORE SUSCEPTIBLE TO SLIPPAGE.
THAT WHOLE CANYON IN THERE IS SUSPECT.
AND SO ALL OF US IN THE NEIGHBORHOOD HAVE A CONCERN OF HOW THIS IS GOING TO PROGRESS.
WE WOULD LOVE TO WELCOME YOU TO THE NEIGHBORHOOD.
IT, IT IS A WONDERFUL NEIGHBORHOOD, BUT RIGHT NOW WE DON'T FEEL LIKE OUR BEST INTEREST IS AT HEART.
AND SO WE'RE AFRAID OF WHAT ELSE IS GOING TO GO INTO THIS CANYON.
IF THEY DO BUILD THE TWO HOMES ON THE NORTHERN PARCELS, GREAT.
KNOCK YOURSELF OUT, WE'LL WELCOME YOU.
IT'S THAT SOUTHERN AREA THAT WE'RE WORRIED IS GONNA BE SPLIT INTO MORE AVAILABLE PARCELS TO BUILD OUT.
AND THEN THAT STARTS CHANGING THE WHOLE DEMOGRAPHICS OF EVERYTHING IN THE AREA.
SO WE WOULD LIKE YOU TO PLEASE TAKE INTO CONSIDERATION THE STABILITY OF THE LAND IN THAT AREA BEFORE APPROVING SOMETHING LIKE THIS.
ELISA DOY, HONORABLE MAYOR VOWS COUNCIL MEMBERS, POWAY STAFF AND FELLOW NEIGHBORS.
I ECHO FINDINGS FOR THE DENIAL OUTLINED IN ATTACHMENT B IN THE REPORT.
MY PERSONAL CONCERNS AND QUESTIONS ARE PARCELS FALL UNDER RRA ZONING DESIGNED FOR VERY LOW DENSITY RESIDENTIAL, RURAL AND AGRICULTURAL USE.
CHANGING THIS BOUNDARY, I BELIEVE GOVERNED BY PROP FF WOULD RELEASE VOTER APPROVAL REQUIREMENT FOR DENSITY INCREASES AND OPEN STATE APPROVAL.
CHANGING THE PARCEL BOUNDARY WOULD THEN OPEN PROPERTY TO NEWLY DEFINED PARAMETERS, ALLOWING FUTURE SUBDIVISIONS, CHANGING THE CHARACTER OF THE EXISTING SURROUNDING AREA AND AREA OF MODEST HOMES WITH OPEN SPACE DOWN TO THE PARK.
OTHER CONCERNS ARE OF NATURAL NATIVE LIMIT INSTABILITY.
SOIL ISSUES ON PARCEL HILLSIDES AND HOMES THAT ARE KNOWN TO BE BUILT ON SLIDING SLOPES, DISRUPTION THAT CAN POTENTIALLY DEVALUE THESE HOMES.
TALKING TO NEIGHBORS, I LEARNED THERE'S ALREADY BEEN EROSION, LIGHTING AND DE DESTABILIZATION OF SLOPES SPECIFICALLY ON CREE.
ADDITIONAL ITEMS TO SCRUTINIZE SEISMIC CONSIDERATIONS, RUNOFF FROM HOMES, DRAINAGE AND SPRINGS NEAR THE PARK.
THIS WOULD AGGRAVATE AN ALREADY EXISTING PROBLEM WITH FLOODING NEAR STAR RIDGE PARK.
COULD THIS BE POTENTIAL COST TO THOSE HOMEOWNERS WHO WOULD BE RESPONSIBLE FOR PREVENTATIVE MEASURES OR ANY DAMAGE DONE AFTERWARDS? MR. VOLSON SPOKE TO MANY RESIDENTS AND SENT A LETTER OUTLINING BOUNDARY ADJUSTMENTS.
REASONS NEIGHBOR CONVERSATIONS REVEALED EXPLANATIONS TO DIFFER.
EXAMPLE, THE LETTER SUGGESTS REASON AS 500 FOOT A DU ADJUSTMENT.
HOWEVER, ITEMS IN THE AGENDA REPORT, PAGE ONE IN SUMMARY, CLEARLY STATES MR. OLSON'S INTENTIONS IS STATED.
QUOTE, OLSON'S, FIRST STEP TO FACILITATE FUTURE SUBDIVISION AND DEVELOPMENT ON TWO VACANT PARCELS.
END AGAIN, LEAVING QUITE A FEW OF US TO QUESTION OWNER.
AND MR. VAL'S INTENTIONS, ANY ENTITLEMENTS FOR THESE PARCELS SHOULD BE SUBJECT TO OWNER RESPONSIBILITY AND RESOLUTION.
REQUIREMENTS FOR ROADWAY ACCESS, WILDLIFE PROTECTION, PUBLIC WATER SUPPLY, SLOPE STABILIZATION, AND PREVENTION OF SOIL EROSION.
I ASK THAT THE OLSO FAMILY AND PARCEL OWNERS, PLEASE BE MINDFUL OF FUTURE DEVELOPMENT AND ITS IMPACT ON MULTIPLE FAMILIES, NOT ONLY ON MY STREET ON WAN WAY, BUT FELLOW NEIGHBORS ON CREE
[00:40:01]
KABA, PEYOTE, BRULE CARRIAGE ROAD, AND OTHERS THAT ENJOY HERITAGE CHILLS AND THE OPEN SPACE THESE PARCELS FALL UPON.THE VSOS AND PARCEL OWNERS HAVE THE LUXURY TO CREATE A HOME THAT WILL FIT WITHIN THE EXISTING FOOTPRINT OF RRA ZONING IN WHICH THEY KNOWINGLY PURCHASED.
FOR REASONS STATED, I RESPECTFULLY ASK THAT YOU UPHOLD THE DECISION TO DENY APPEAL OF BOUNDARY ADJUSTMENT ON THESE PARCELS AND FUTURE REQUEST TO CHANGE ZONING.
I THINK IT'S UNDERBERG OR SOMETHING CLOSE TO THAT MAYBE.
YEAH, MY NAME IS TOM UNDERBERG.
UH, I LIVE AT 1 3 0 2 8 CREE DRIVE.
AND THAT'S AT THE OPPOSITE END OF THIS, UH, UH, PARTIAL THAT'S, UH, BEING LOOKED TO BE, HAVE A BOUNDARY ADJUSTMENT MADE ON IT.
UM, AS I UNDERSTAND IT, THAT PROPERTY DOWN FROM BETWEEN CREE AND ANI WAY CONSISTS OF TWO PARCELS.
UH, ONE, AND I DON'T KNOW THE EXACT DIMENSIONS, BUT THE ONE THAT'S THE NORTHERN ONE, WHICH IS WHERE, UH, THIS PROPERTY, UH, BOUNDARY ADJUSTMENT IS BEING CONSIDERED, UM, IS SEVEN AND A HALF ACRES.
AND THE ONE ON OUR SIDE IS 10 AND A HALF OR VICE VERSA, OR SOMETHING SIMILAR.
BUT MY CONCERN IS, I DON'T KNOW IF ANY OF THE DECISIONS THAT'LL BE MADE REGARDING THIS, UH, BOUNDARY ADJUSTMENT APPROVAL OR OR DENIAL HAS ANY IMPACT ON THE PARTIAL THAT IS ON OUR SIDE OF THE CANYON TOWARDS CREE.
UH, IF, IF, UH, THAT HAS ANY IMPLICATIONS FOR WHAT KIND OF DEVELOPMENT CAN GO ON IN THAT HALF, UH, OR NOT.
WE HAVE HAD, UH, OVER THE YEARS, UH, A COUPLE OF DIFFERENT TIMES WHERE IT'S GOTTEN UP TO A VERY CLOSE, UH, CONSIDERATION TO WHERE THEY WERE GOING TO BE ALLOWING, UH, A LARGE SUB DEVELOPMENT DOWN THERE, UH, CONDOMINIUMS, ET CETERA.
AND I DON'T KNOW WHETHER ANY OF THIS HAS ANY IMPACT ON THAT SOUTHERN HA SOUTHERN PARCEL.
UM, I DON'T KNOW HOW TO GET AN ANSWER TO THAT.
UM, AND YOU KNOW, WE JUST DON'T WANT, WE'VE LIVED THERE SINCE, UH, UH, 89 AND WE BOUGHT IT BECAUSE OF THAT GORGEOUS VIEW WE HAVE OVER THE CANYON, DOWN TOWARDS THE PARK.
AND, UH, IT WOULD BE A SHAME FOR ALL OF THE NEIGHBORS IN THE, IN THE NEIGHBORHOOD THERE TO HAVE THAT GO AWAY TO THROW IN A BUNCH OF, UH, CONDOMINIUMS OR SOMETHING OF THAT NATURE.
UH, JUST HOPE THAT WON'T HAPPEN.
UM, AGAIN, I DON'T KNOW, NEVER BEEN TO A CITY COUNCIL MEETING BEFORE.
I SHOULD HAVE BROUGHT MY HEARING AIDS BECAUSE I COULDN'T HEAR HALF OF WHAT WAS GOING ON.
UH, BUT, UH, UM, JUST WANT TO SEE IF THERE'S SOME WAY THAT WE CAN FIND OUT IF THERE'S GONNA BE ANYTHING GOING ON IN THAT OTHER PARCEL.
THE ONE THAT, UH, BORDERS ON CREE.
UM, DON'T KNOW HOW TO FIND AN ANSWER TO THAT, BUT THANK YOU MUCH.
UH, THAT INCLUDES, UH, CONCLUDES THOSE WISHING TO SPEAK.
I ALSO HAVE TWO SPEAKER SLIPS OR, UH, WRITTEN COMMENT CARDS, UH, FROM THE TREMBLES, UH, KELLY AND MATT, WHO BOTH OPPOSE, UH, FOR VARIOUS REASONS, UH, CONCERNS ABOUT FIRE SAFETY, BRUSH CLEARING, SUBDIVISION AND HILLSIDE STABILITY.
UH, I WILL NOW CLOSE THE PUBLIC HEARING.
UH, I'M GONNA GO FIRST JUST 'CAUSE I THINK I CAN BE VERY BRIEF.
I FOUND MYSELF GOING BACK AND FORTH ON THIS, UH, WHAT'S THE BIG DEAL? MOVE A LITTLE LINE.
BUT WHEN WE GOT TO THE PART WHERE IT SAID, UH, THE FIRE DEPARTMENT SAID IT WOULD CREATE AN UNDUE BURDEN, UH, THAT'S, THAT'S MY RED LINE.
UH, I JUST CANNOT, UH, FOR THE SAFETY OF THIS CITY, UH, AND FOR, UH, THE OPPORTUNITY FOR OUR FIREFIGHTERS TO DO THEIR JOB.
UH, I CANNOT, UH, CROSS THAT LINE.
SO I WOULD BE, UH, MOVING DENIAL OF THE APPEAL, UH, MR. DEHOFF.
UM, THANK YOU, UM, SARAH, THERE, GREAT PRESENTATION.
I'VE GOT A LOT TO TALK ABOUT, BUT I'LL GO FAST.
UH, AND THANK YOU JONATHAN, FOR COMING OUT
[00:45:01]
AND THE SPEAKERS AND THE PEOPLE WHO HAVE BEEN WRITING LETTERS.UM, AND I APPRECIATE THAT EVERYTHING, UH, IS ON THE, YOU KNOW, ON THE TABLE HERE.
AND, UH, I UNDERSTAND STAFF REALLY TRIED TO GET TO YES.
AND I THINK THAT'S THE, UH, THE RIGHT THING TO DO.
UH, FOR THOSE OF YOU WHO DON'T KNOW, I AM SOMEWHAT OF A STICKLER FOR THE CODE.
UM, 'CAUSE IT REALLY DEFINES PROPERTY RIGHTS.
UH, AND I DO THINK THE GOVERNMENT SHOULD BE NEUTRAL IN THAT, AS IN THAT ASPECT.
IT SHOULDN'T, YOU KNOW, DENY PEOPLE PROPERTY RIGHTS, UH, TAKE AWAY, UH, FROM WHAT THEY CAN DO.
AND THE OPPOSITE SIDE OF THAT, UH, APPLIES AS WELL.
I HAVE A COUPLE QUICK QUESTIONS FOR STAFF.
UM, 'CAUSE THERE WERE QUESTIONS FROM THE AUDIENCE HERE.
UM, DOES THIS INVOLVE, YOU KNOW, IF IF THIS, UH, LINE CHANGE WERE TO, UH, UH, OR BOUNDARY CHANGE WERE TO BE APPROVED, WOULD THIS CHANGE THE ZONE AT ALL OF THE, OF THESE PROPERTIES? IT WOULDN'T CHANGE THE ZONE.
UM, BUT, UM, BY LOWERING THE SLOPE, THE AVERAGE SLOPE, IT WOULD MAKE IT POSSIBLE TO SUBDIVIDE.
BUT THE ZONE WOULD REMAIN RRA, IT'S JUST THAT, UM, THE ALLOWABLE DENSITY IS BASED ON THE SLOPE PER OUR ZONING CODE.
AND WHAT'S THE MINIMUM SIZE FOR AN RRA LOT? UM, SO IF IT'S LESS THAN 15%, THE MINIMUM SIZE IS FOUR ACRES.
AND, AND THIS WOULD, IF, IF YOU WERE TO DO THE, THE LOT LINE ADJUSTMENT AND THE SPLIT, IT'D BE TWO PROPERTIES THAT ARE GREATER THAN FOUR ACRES IN SIZE? YES.
AND CAN YOU PUT CONDOS ON AN R-R-A-R-R-A LOT? UM, YOU CAN'T PUT CONDOS.
UM, UH, MULTIFAMILY WOULDN'T BE PERMITTED, BUT YOU COULD PUT A SINGLE FAMILY HOME, A JUNIOR ACCESSORY DWELLING UNIT, AND AN ACCESSORY DWELLING UNIT.
AND THAT'S THE SAME FOR ANY RRA LOT? THAT'S CORRECT.
SO WHEN I LOOK AT THIS, I CAN SEE, YOU KNOW, THE STAFF DOES HAVE A FAIR AMOUNT OF LEEWAY TO DO STUFF, UH, YOU KNOW, IN EXECUTING THE RULES OF THE CITY AND THE VISIONS.
AND IT MAKES A LOT OF SENSE BECAUSE YOU CAN'T HAVE, YOU KNOW, OBJECTIVE RULES FOR EVERY EVENTUALITY.
UM, THE RULES HERE ARE PRETTY CLEAR IN TERMS OF, UM, YOU KNOW, WHAT THEY WERE DOING.
SO IN, IN THAT RESPECT, UH, I ACTUALLY CONCUR WITH STAFF'S DECISION TO DENY THE, UH, THE BOUNDARY ADJUSTMENT.
UH, IN PART BECAUSE IT MOVES THINGS HERE TO COUNCIL AND THAT GIVES, UH, THE PUBLIC A CHANCE TO WEIGH IN ON THE NUANCE BECAUSE, YOU KNOW, EVERYTHING'S A UNIQUE THING AND IT'S IMPORTANT YOU GUYS GET YOUR SAY, AND WE GET TO LOOK AT THIS 'CAUSE, YOU KNOW, WE'RE NOT ROBOTS.
YOU HAVE TO MAKE REASONABLE DECISIONS.
UM, AND SO, SO I APPRECIATE THAT.
AND SO WHAT I SEE HERE IS THAT THERE IS A, UH, A PROPOSAL TO BUILD ON THE PROPERTY.
UH, I SUSPECT THAT CAN ACTUALLY BE DONE, UH, ONE WAY OR ANOTHER.
UM, AND WHAT WE'RE LOOKING AT IS WHETHER OR NOT, UH, THE PROPERTY OR THE BUILDING ON THE LOWER SECTION WOULD BE A LITTLE BIT LARGER, UH, THAN IT OTHERWISE WOULD.
AND I, I APPRECIATE THE LETTERS YOU GUYS HAVE SENT.
UH, THERE ARE SEVERAL, WERE IN FAVOR AND A NUMBER WERE OPPOSED.
I DO WANNA FOCUS A BIT ON THE ONES THAT WERE OPPOSED BECAUSE, UM, WELL FIRST OFF, THEY WERE WELL, VERY WELL WRITTEN AND THEY MADE SOME GREAT POINTS.
AND I THINK, UH, IT REALLY HELPED TO CRYSTALLIZE, I THINK, WHAT A LOT OF PEOPLE ARE CONCERNED ABOUT AND WHAT THE GENERAL PLAN AND, UH, OTHER DOCUMENTS, LIKE SPECIFIC PLANS REALLY TRY TO ADDRESS.
AND THAT'S REALLY FOCUSED ON TWO THINGS.
AND THAT WAS, UH, TRAIL ACCESS OR TRAILS IN GENERAL.
AND I KNOW IT'S A HUGE THING AND, AND OPEN SPACE.
AND IN THIS CASE, WE'RE TALKING ABOUT THE COLLOQUIAL, YOU KNOW, UH, VERSION OF THAT WORD, WHICH THIS CERTAINLY MEETS BECAUSE IT'S THIS UN UNDEVELOPED LAND.
YOU HAVE A PLACE FOR, YOU KNOW, WILDLIFE TO, YOU KNOW, SHELTER WHEN THEY'RE, YOU KNOW, MOVING THROUGH A SPACE.
YOU KNOW, THERE'S A LITTLE BIT OF AN ISLAND THERE, UH, BUT THIS PARTICULAR PROPERTY IS A RESIDENTIAL LOT AND THERE'S NO BCE OR BIOLOGICAL CONSERVATION EASEMENT ON IT.
THERE'S NO HABITAT CONSERVATION PLAN ON IT.
UH, SO I THINK THESE, THESE HOUSES CAN BE BUILT, THE WILDCAT TRAIL THAT'S ON THERE.
AND, UM, ON PART OF THE PROPERTY, I SEE THAT AS, UH, AS DISAPPEARING ONE WAY OR ANOTHER.
AND I SEE THE, UH, OPEN SPACE, WHAT, YOU KNOW, WE CONSIDER TO BE OPEN SPACE, UH, BEING IMPACTED ONE WAY OR ANOTHER, WHETHER, YOU KNOW, NO MATTER WHAT HAPPENS HERE, AND I VALUE OPEN SPACE A LOT, UM, YOU KNOW, AND YOU CAN SORT OF TELL WHY IF YOU GO OUTSIDE OF THE CITY, ANYWHERE OUTSIDE OF THE CITY, REALLY NOWADAYS, YOU CAN JUST SEE HILLSIDES ARE BEING TOPPED, VALLEYS ARE BEING FILLED, YOU KNOW, EVERYWHERE YOU LOOK, THERE'S SOME TOWN HOME BEING PUT UP, YOU KNOW, FOUR OR FIVE STORIES, OR IT'S JUST, YOU KNOW, STRAIGHT HOUSING BLOCKS.
YOU KNOW, IT'S LIKE A MEGAOPOLIS IS RISING OUTSIDE OF THE CITY.
AND SO IF VALUE, YOU KNOW, IS REFLECTIVE OF SCARCITY, THEN I THINK OPEN SPACE'S VALUE IS REALLY SHOOTING TO THE MOON.
AND I THINK THAT'S REALLY WHAT THIS APPLICANT IS TRADING IN.
AND I THINK IT'S HONESTLY SORT OF WHAT WE SHOULD BE TRADING INTO AS A CITY.
AND WE'VE BEEN DOING THAT, UH, RECENTLY, THIS COUNCIL RECENTLY APPROVED THE REZONING, WHICH IS A VERY STRONG WORD
[00:50:01]
OF LAND, ABOUT 300, 350 ACRES OR SOMETHING LIKE THAT.UH, AND THAT WAS CITY OWNED LAND.
THIS IS REZONED TO OPEN SPACE, AND THAT WAS CITY OWNED LAND, AND THAT WAS LAND WITH EASEMENTS LIKE THE ONES HE'S PROPOSING HERE, WHICH YOU CAN DO.
UM, AND, YOU KNOW, WE'RE ALSO MAKING SOME CHANGES ON THE BACKEND, YOU KNOW, TO MAKE IT EASIER FOR US TO ACQUIRE, YOU KNOW, PROPERTIES.
IF YOU LOOK AT THE, THE NEXT, THOSE TWO ITEMS ON THE CLOSED SESSION THAT ARE ABOUT, YOU KNOW, OPEN SPACE, UH, ACQUISITION, UH, AND PART OF THAT PROCESS.
SO I REALLY DO VALUE THAT A LOT.
BUT, YOU KNOW, A LOT OF THIS OPEN SPACE IS DISAPPEARING IN PART BECAUSE THE DEVELOPMENT VALUE OF OPEN SPACE IS REALLY CAPTURED BY THE LAND TITLE AND THE ENCUMBRANCES ON THAT LAND, UH, AND THE ZONING.
AND IT'S NOT THE COLLOQUIAL UNDERSTANDING OF WHAT THAT WORD IS.
IT'S WHAT IS PUT ON PAPER AND WHAT PREVENTS PEOPLE FROM ACTUALLY, UM, YOU KNOW, DEVELOPING ON IT.
AND, UH, AND I THINK THAT'S IMPORTANT HERE.
SO WHAT I SEE THE APPLICANT DOING IS HE'S COMMITTING IN EXCHANGE FOR THIS BOUNDARY ADJUSTMENT, HE'S COMMITTING THE DEDICATION OF BASICALLY ALL THE LAND THAT CAN BE DEDICATED.
HE'S COMMITTING THAT TO OPEN SPACE.
UM, AND THAT PRO, YOU KNOW, PRECLUDES THE, THE, YOU KNOW, PRESENCE OF FORMAL OR INFORMAL STRUCTURES ON IT.
UM, AND I THINK THAT'S, THAT THAT HAS, YOU KNOW, UH, THAT HAS A LOT OF VALUE.
AND THERE'S ALSO THIS TRAIL THAT'S GONNA BE LOST, AND NOW IT'S ACTUALLY GONNA HAVE A, A NEW TRAIL, A LITTLE BIT OF A DIFFERENT ENTRANCE POINT, BUT A MORE FORMAL TRAIL THAT PEOPLE CAN USE TO GET ACCESS TO STAR PARK.
AND I THINK THAT'S GONNA HELP ACTUALLY.
IF, IF THAT HAPPENS, UH, YOU KNOW, THAT'S GONNA HELP WITH, UH, REDUCING, UH, PARKING ISSUES AT STAR PARK AND TRAFFIC AND IN, IN GENERAL, IT'S A MUCH BETTER FOR PEOPLE TO WALK.
SO, YOU KNOW, I THINK WHENEVER THERE'S, WHENEVER YOU WANNA MAKE A DEAL, THERE'S A TRADE AND, UH, THIS, THIS DEAL WOULD BRING A GREAT DEAL OF VALUE TO THE VONS.
UM, BUT I THINK IN TRADE, I THINK IT BRINGS A LOT OF VALUE TO THE CITY AND OUR GOALS AT LEAST, UH, WHAT I THINK WE SHOULD BE, YOU KNOW, WORKING TOWARDS.
SO I WOULD ACTUALLY FIND IN FAVOR OF THE APPELLANT IN, IN THIS PARTICULAR CASE.
I THOUGHT YOU WERE GONNA BE FAST, PETER, BUT, UM, YOU DID MAKE A LOT OF GOOD POINTS AND, BUT I'M GONNA MAKE THEM AGAIN ANYWAY, BECAUSE, UH, WHEN I GET ON RECORD IS THAT YES, POWAY DOES HAVE A STRONG COMMITMENT TO PROPERTY RIGHTS.
IF YOU SPEND SEVEN FIGURES BUYING A PLOT OF LAND, WE'RE GONNA GIVE YOU A LOT OF LEEWAY AND DISCRETIONS WHAT YOU'RE GONNA DO WITH IT.
AND THE CITY DOES HAVE A POLICY OF GETTING TO YES.
AND BASICALLY, IF WE CAN MAKE IT HAPPEN FOR YOU, WE'RE GONNA TRY TO MAKE IT HAPPEN FOR YOU.
AND USUALLY THE LITMUS TEST IS WHETHER, UH, THE CITY ENGINEER COULD SLEEP AT NIGHT IF THEY APPROVE THIS, AND UNFORTUNATELY THEY CAN'T
SO, UH, THAT'S WHY WE'RE HERE TONIGHT.
AND SO THE ANSWER WAS NO, IN THIS CASE.
UH, LET'S, UH, SO MR. VOLSON HAS ASKED US TO OVERRULE THE CITY ENGINEER AND PERMIT 'EM TO, UH, REDRAW THE BOUNDARIES OF THESE TWO PARCELS.
AND NORMALLY IF THEY MET ALL THE REQUIREMENTS AND THE CITY, YOU KNOW, IT'S PROBABLY A ROUTINE KIND OF THING.
SO I'M ASSUMING IT WOULD'VE HAPPENED IF THESE OBJECTIONS DIDN'T EXIST.
SO THAT BEING SAID, LET'S, UH, GO THROUGH IT.
FIRST OF ALL, IS THE SHAPE RATIO, OKAY? OBVIOUSLY WE PREFER SQUARE LOCKS, BUT WE'LL TAKE OTHER SHAPES IF POSSIBLE.
AND OKAY, THAT DOESN'T MEET THAT THE 110 FOOT MINIMUM FOR THAT LITTLE COULD, COULD YOU PUT THAT MAP UP ON THE SCREEN SO, SO THAT EVERYBODY KNOWS WHAT I'M TALKING ABOUT? YEAH, THAT ONE.
SO YEAH, THE PART OF THE UPPER RIGHT CORNER IS, UH, 80 FEET, AND SO IT DOESN'T MEET THE 110, BUT THE OTHER PART DOES MOSTLY.
SO, AND IT'S NOT LIKE YOU'RE GONNA BE PUTTING ANY, ANY STORAGE SHEDS OR ANYTHING ON THERE.
SO I COULD GO EITHER WAY ON THAT TOO.
AND THE ODDLY SHAPED PARCELS, YES, THE CITY COUNCIL DOES HAVE DISCRETION FOR TOPOGRAPHICAL FEATURES, BUT USUALLY THAT INVOLVES RIVERS AND STUFF, AND NOT THE FACT THAT YOU TRANSITIONING FROM GENTLY SLOPED TO STEEPLY SLOPED MAKES THAT AN EXCEPTION.
AND THEN THE, UH, BIGGEST CONCERN FOR ME WAS THE ACCESS.
AND LIKE, UH, LIKE THE MAYOR AND THE FIRE CHIEF HAD STATED, IS THAT I'M CONCERNED ABOUT BEING ABLE TO ACCESS THAT PART IN THE UPPER CORNER THERE, THE LITTLE ORPHAN PIECE OF LAND.
SO, AND I REMEMBER I SEEING THE, UH, UH, REBUTTAL LITTER SAYING THAT, YOU KNOW, THE, UH, THE CREE DRIVE AND AWAN WAY ARE NARROWER THAN THE 41 FEET THERE.
AND SO IT SHOULD NOT BE AN, YOU KNOW, IT SHOULD BE A MOOT POINT, BUT THERE'S A
[00:55:01]
BIG DIFFERENCE BETWEEN A FLAT PIECE OF ROAD AND A, UH, YOU KNOW, SOMEWHAT STEEPLY, SLOPED, YOU KNOW, LITTLE, UH, PIECE OF SCRUB THERE.SO, AND IT DOES WORRY ME, ESPECIALLY NOW THAT YOU'VE PUT UP THAT PINK, UH, FIRE ZONE THING THAT, YOU KNOW, WE SOMEHOW, YOU'VE GOTTA GET INTO THAT AREA AND NEED TO EITHER KEEP, MAINTAIN THE SCRUB OR TO, UH, DEAL WITH FIREFIGHTING.
AND SO THAT 41 FEET DOESN'T, YOU KNOW, GIVES ME CONCERN.
AND ESPECIALLY, YOU KNOW, I KNOW THAT YOU, YOU AREN'T PLANNING ON PUTTING A FENCE AROUND THAT PROPERTY, BUT SOME FUTURE OWNER MIGHT, AND THAT MIGHT BECOME AN ISSUE.
SO THE MORE I LOOK AT THIS MAP, THE MORE, UH, CONCERNED I GET ABOUT IT.
AND I FINALLY, UH, LET'S GET BACK TO PROPERTY RIGHTS.
UM, YES, UH, YOU GET TO DO WHATEVER, YOU KNOW, WHAT YOU WANT WITH IT WITHIN REASON, AND WE GIVE YOU A LOT OF DISCRETION.
BUT THERE ARE LIMITS, AND IT'S BEEN, UH, 30 PLUS YEARS SINCE I'VE TAKEN PROPERTY LAW.
BUT I REMEMBER A PHRASE THAT OFTEN CAME UP WITH RESPECT TO LAND USE WAS REASONABLE INVESTMENT BACKED EXPECTATIONS.
AND THE QUESTION BECOMES IS, WAS IT REASONABLE WHEN THIS LAND WAS PURCHASED A YEAR OR SO AGO TO ASSUME THAT, YOU KNOW, WE WOULD'VE APPROVED THIS, UH, BOUNDARY ADJUSTMENT.
I REALLY WANT YOU TO BUILD YOUR, ON THIS PROPERTY.
I REALLY WISH YOU COULD HAVE YOUR 2000 FOOT THING.
AND I GUESS I'M GOING TO ASK THE CITY ENGINEER, UH, JULIE, THERE, IS THERE ANY WAY, YOU KNOW, WE COULD FUDGE AROUND IT TO GET A 2000 FOOT BUILDING SITE APPROVED? SO I THINK, UM, ONE OF OUR RECOMMENDATIONS TO MR. VOLSON HAS BEEN TO WORK WITH HIS NEIGHBORS, UM, TO THE EXTENT THAT HE'S ABLE TO DO THAT AND TO WORK TO TRY TO CREATE A BOUNDARY THAT WOULD MEET, UM, THE, THE REQUIREMENTS OF THE GENERAL PLAN AND THE MUNICIPAL CODE.
UM, SOME OF THESE LOTS, UH, ALONG CATAWBA HERE ARE, UM, YOU KNOW, UH, VERY, UM, THEY'RE NOT VERY DEEP.
AND SO THERE IS, YOU KNOW, POTENTIALLY THE FEASIBILITY OF, OF DOING SOME BOUNDARY ADJUSTMENTS WITH THESE PROPERTIES ALONG HERE THAT WOULD CREATE, UM, A BETTER, UM, A BETTER SITUATION FOR THEIR ACCESS TO THEIR WILDFIRE DEFENSIBLE SPACE AREAS.
UM, SOME OF THESE PROPERTIES ACTUALLY DO HAVE SOME ENCROACHMENTS.
SO THERE THEY HAVE SOME IMPROVEMENTS ON THAT LAND AREA.
SO THAT WAS ONE OF OUR RECOMMENDATIONS TO HIM, WAS TO TRY TO WORK WITH YOUR NEIGHBORS TO SEE IF YOU CAN COME UP WITH A BOUNDARY THAT WOULD MAKE SENSE, UM, AND, YOU KNOW, WOULD ALLOW YOU TO ACHIEVE YOUR GOAL, BUT ALSO TO MEET, UM, THE CODE REQUIREMENTS.
UM, I ALSO SEE THERE'S THIS LITTLE, UH, NOTCH THERE AROUND ALL THESE THOUGHTS AROUND BRULE PLACE.
IF YOU BOUGHT SOME MORE LAND, YOU KNOW, IN THAT TRIANGLE, THE WAY YOUR CURSOR IS RIGHT ABOUT NOW, THAT THAT TRIANGLE THERE, IF YOU BOUGHT THE, THE CHUNK OF THAT LAND, WOULD THAT WIDEN UP THE SPACE TO, UH, ELIMINATE THE OBJECTION FOR THE FIRE ACCESS? UH, POTENTIALLY, UH, THAT COULD POTENTIALLY HELP, THAT WOULD MAKE THIS, UM, LESS, UM, LESS, UH, NARROW THROUGH HERE.
UM, IT WOULD, UM, YOU CAN SEE THESE, THIS IS A SLOPE HERE, SO IT WOULD MEAN, UM, THAT THE OVERALL SLOPE WOULD BE GREATER.
UM, BUT TO THE EXTENT THAT IT'S NOT INCLUDED IN THIS LOT UP HERE, IT MAY, IT MAY NOT AFFECT HIS ABILITY TO SUBDIVIDE.
SO, YOU KNOW, I'M STILL TORN ON THIS, BUT I'M GONNA HAVE TO SIDE WITH CITY STAFF ON IN THIS RESPECT BECAUSE, YOU KNOW, EVERY TIME I LOOK AT THIS MAP, I GET MORE NERVOUS ABOUT THAT, YOU KNOW, ODD PIECE UP IN THE CORNER.
SO I'M GOING TO, UH, VOTE NO ON THE APPEAL, WHICH I GUESS MEANS THE, UH, WE DO, UH, APPROVE THE RESOLUTION TO, UH, DENY IT.
I GUESS IF YOU MADE THAT MOTION, THEN, I GUESS THAT'S A SECOND.
SECRETARY MEADE, I HAVE A QUESTION FOR STAFF, EITHER, UM, I THINK JULIE OR SARAH, THAT KIND OF ECHOES WHAT TOM WAS ASKING.
IF THIS APPEAL IS GRANTED, WHAT WOULD HAPPEN TO THE SOUTHERN PARCEL BECAUSE THE SLOPE BECOME INCREASED THERE, DOES IT BECOME UNBUILDABLE OR DOES, IS THERE ADDITIONAL RESTRICTIONS ON BUILDING? NO, THE, UM, THE, THE SOUTHERN PARCEL WOULD, UM, COULD STILL BE BUILT UPON, UM, BECAUSE IT, YOU KNOW, YOU'RE CREATING A LOT HERE.
SO THEY, THEY WOULD STILL BE ABLE TO BUILD A HOME, UM, ON THE SOUTHERN PARCEL HERE AS WELL.
AND I HAVE A QUESTION FOR CARRIE.
UM, DO YOU HAVE A TALLY OF HOW MANY WERE OPPOSED AND HOW MANY WERE IN SUPPORT? UH, NO, SORRY, WE DID NOT DO A TALLY.
[01:00:03]
IF THE ONLY METRIC FOR EVALUATING THIS APPEAL WERE THE CHARACTER AND LIKABILITY OF THE APPLICANTS, I WOULD SUPPORT IT IN A HEARTBEAT.BUT UNFORTUNATELY, UM, IT'S NOT THAT SIMPLE.
I HAVE TO CONSIDER AND PRIORITIZE THE IMPACTS TO THE CURRENT RESIDENTS OF THE SURROUNDING NEIGHBORHOOD, AS WELL AS LONG-TERM CONSEQUENCES FOR ANY FUTURE PROPERTY OWNERS.
SO I ALSO AM GONNA HAVE TO FOLLOW OUR STAFF'S RECOMMENDATION ON THIS.
UH, WE HAVE A MOTION FROM THE MAYOR, A SECOND FROM COUNCIL MEMBER PIKUS, UM, TO DENY THE APPEAL, UPHOLDING THE DENIAL OF VA 25 0 0 0 2 PURSUANT TO THE ATTACHED RESOLUTION.
SECOND BY COUNCIL MEMBER PIKUS, THIS IS ROLL CALL, VOTE.
WILL CITY CLERK PLEASE CALL ROLL COUNCIL MEMBER DEHOFF, NO.
COUNCIL MEMBER PIKES, THIS IS THE HARDEST VOTE I HAVE CAST IN MY TENURE, BUT IT'S A YES.
[9. Resolution to Establish the Policy and Procedures for Recessing and Reconvening Hybrid Brown Act Meetings as a Result of a Disruption in Remote Participation]
TO ITEM NINE, RESOLUTION TO ESTABLISH THE POLICY AND PROCEDURES FOR RECESSING AND RECONVENING HYBRID BROWN ACT MEETINGS AS A RESULT OF A DISRUPTION IN REMOTE PARTICIPATION.CITY ATTORNEY ALLEN FESTER MACHER, WE'LL PRESENT THE ITEM.
UH, THIS WILL BE A SHORT ONE, EVEN BY MY STANDARDS OF SHORT PRESENTATIONS.
SO, UM, THE, THE, THERE'S A STATE LAW WAS ENACTED LATE LAST YEAR REQUIRING ALL CITIES OF A CERTAIN SIZE, WHICH POWAY IS, IS INCLUDED IN THAT SIZE TO, UM, ALLOW FOR ZOOM, YOU KNOW, TWO-WAY CALL, UH, REMOTE PARTICIPATION BY THE PUBLIC AND CITY COUNCIL MEETINGS.
UM, SO THAT NEEDS TO BE ENACTED BY JULY 1ST.
AND SO WE'VE ENACTED A POLICY FOR GETTING THAT GOING.
AND WE WILL BE USING THAT AFTER JULY 1ST HERE AT CITY COUNCIL MEETINGS.
THIS WON'T CHANGE THE RULES FOR, UM, COUNCIL MEMBERS ATTENDING BY THE TRADITIONAL TELECONFERENCE OR THE, YOU KNOW, THEIR ADDRESSES LISTED ON THE AGENDA.
THERE'S A WHOLE NOTHER PROCEDURE IF COUNCIL MEMBERS WOULD LIKE TO PARTICIPATE VIA ZOOM.
IT HAS TO BE FOR VERY SPECIFIC REASONS.
IT CAN'T, WHEREAS THE OLD TRADITIONAL TELECONFERENCING CAN BE USED FOR ANY REASON.
SO, LONG STORY SHORT, THE, THE ONLY REAL CHANGE YOU'LL SEE HERE IS THAT THERE WILL NOW BE A ZOOM OPTION FOR, UH, MEMBERS OF THE PUBLIC TO COMMENT ON AND WATCH THE, UH, CITY COUNCIL MEETINGS.
IS THAT A ZOOM OPTION OR A TELE TELEPHONIC OPTION? ANY, ANY TWO-WAY, YOU KNOW, UH, OR ANY OPTION.
SO I, I DON'T KNOW EXACTLY WHAT STAFF'S PLAN IS, TO BE HONEST.
SO YEAH, OUR, OUR, OUR PLAN IS TO, UH, MAKE IT TELEPHONIC.
SO AUDIO ONLY, NOT, UH, NO VIDEO FOR, FOR THE ZOOM.
AND, AND THAT'S CONSISTENT WITH HOW WE DID IT YEAH.
SO PEOPLE, WERE NOT ON VIDEO WHEN THEY'RE SPEAKING.
SO THANKS FOR CORRECTING ME ON THAT.
NO, I WOULD NEVER CORRECT YOU.
UH, WE DO HAVE ONE SPEAKER ON THIS ITEM.
SO I HAVE A WHOLE BUNCH OF QUESTIONS JUST 'CAUSE I, I LIKE TO GO NITPICKY THERE.
I'M GLAD WE DON'T HAVE TO DO THE VIDEO.
UH, 'CAUSE I WAS CONCERNED WHETHER WE'D DO THAT.
BUT DURING THE PANDEMIC, WE HAD PEOPLE CALL IN AND, YOU KNOW, SIGN UP AHEAD OF TIME AT THE MEETINGS.
IF YOU SUBMIT A SPEAKER FORM BEFORE THE AGENDA ITEM COMES UP, YOU ARE ALLOWED TO SPEAK.
GENERALLY, I THINK THAT'S WHAT'S BEEN GOING ON.
ARE WE STILL GOING TO DO THAT WHEN PEOPLE ARE USING ZOOM TO CALL IN? OR DOES EVERYONE HAVE TO, AT THE BEGINNING OF THE MEETING SAY, I WANNA SPEAK ON ITEM NUMBER, BLAH BLAH, BLAH, YOU KNOW, WHATEVER.
UH, ONE THING I WOULD LIKE TO SUGGEST, AND I DON'T REMEMBER HOW WE LEFT THIS DURING THE PANDEMIC, BUT WE REALLY NEED THAT THREE MINUTE TIMER SHOWING UP ON THE SCREEN.
IF YOU'RE CALLING IN TO TALK WHEN YOU'RE HERE, YOU CAN SEE IT IN A HUNDRED PLACES WHEN YOU'RE CALLING IN AND LOOKING AT THE ZOOM MEETING, WE DIDN'T HAVE THAT TIMER FOR A WHILE.
THE SIMULCAST WITH THE CABLE TV PEOPLE, I ASSUME IF THE CABLE GOES OUT, WE DON'T CARE BECAUSE THAT'S NOT WHAT THE BILL IS SAYING.
IT JUST SAYS YOU GOTTA HAVE ZOOM.
IF ZOOM GOES OUT AND YOU CAN'T GET IT GOING WITHIN AN HOUR, YOU HAVE TO RECONVENE THE MEETING.
SO THE QUESTION IS, WHAT DOES THAT MEAN? IF YOU'RE
[01:05:02]
PARTWAY THROUGH, DO YOU HAVE TO RECONVENE THE MEETING? DO YOU HAVE TO GIVE A DAY'S NOTICE, THREE DAYS NOTICE OR A WEEK'S NOTICE SO THAT PEOPLE WILL KNOW WHEN CAN I GET THE SECOND HALF OF THIS MEETING? UH, AND I GUESS THE, THE LAST QUESTION, YOU KNOW, BEING AN ABSOLUTE, IF ZOOM GOES DOWN AT ANY TIME, DOES THAT MEAN, YOU KNOW, WE'LL, WE'LL DO THIS AGAIN.MY, MY THING IS, SUPPOSE WE'RE DONE WITH ALL THE AGENDA ITEMS AND NO ONE'S SPEAKING, AND NOW WE'RE INTO THE FINAL COUNCIL.
LET'S WRAP UP WHAT WE'VE DONE FOR THE LAST TWO WEEKS TALKS AND ZOOM GOES DOWN.
DO WE STILL HAVE TO RESCHEDULE THE MEETING FOR SOMETHING ELSE? THAT'S BASICALLY IT.
I'M, YOU KNOW, I'D JUST LIKE TO KNOW THE ANSWERS.
SO ALAN, LET'S DIVE BACK INTO ALL THOSE THINGS.
UH, HOW DO PEOPLE SIGN UP? YEAH, SO, WELL, AND I'LL WANTED TO JUST TO CLARIFY THE HOUR LONG OF TRYING TO REESTABLISH CONNECTION.
IF THAT DOESN'T WORK, THE MEETING CONTINUES THAT NIGHT.
SO IT'S NOT, IT'S NOT RESCHEDULED, IT'S JUST STATE LAW REQUIRES US TO TRY FOR AN HOUR.
EVEN IF AFTER, YOU KNOW, 10 MINUTES WE'VE DETERMINED WE CAN'T FIX IT, WE NEED TO KEEP TRYING
UM, FOR, FOR SIGNUPS, I MEAN, I WOULD ASSUME AT THE BEGINNING OF THE MEETING, THAT'S HOW WE DID IT BEFORE.
UM, I DON'T KNOW THAT THERE'S AN ABILITY TO REALLY DO IT MID MEETING 'CAUSE IT'S HARD.
YOU WOULDN'T BE ABLE TO COMMUNICATE WITH THE CALLERS UNLESS THERE'S A WAY THE CLERK'S AWARE TO DO THAT.
BUT I THINK WE'LL JUST HAVE TO PLAY IT BY EAR AND, YOU KNOW, SEE HOW, SEE HOW IT WORKS.
STATE LAW DOESN'T SPEAK TO HOW THAT'S DONE.
I THINK THAT ANSWERED THE, THE KEY QUESTIONS.
UH, I'M HAPPY TO MOVE APPROVAL ON THIS.
COUNSEL, UH, MR. DHA? JUST A, HOPEFULLY A QUICK QUESTION.
UM, IT IS ACTUALLY BACK TO JOE'S THING.
SO, UM, IF BASICALLY WE GET EVERYBODY LINED UP FOR PUBLIC SPEAKING ON WHATEVER, WHATEVER ITEM THEY WANT TO GO ON, AND WE'RE PAST THE LAST PUBLIC, YOU KNOW, ITEM FOR ANYONE SIGNED UP AND THEN ZOOM GOES DOWN.
DO WE NEED TO WAIT POTENTIALLY AN HOUR OR IS I, I THINK THE LETTER OF THE LAW IS YES.
I MEAN, IT MAKES NO SENSE, BUT I THINK WE WOULD HAVE TO OKAY.
WE'RE USING A TELEPHONIC OPTION AND THEN IT'LL OBVIOUSLY BE THE VIDEO BEING STREAMED.
YY YOU'RE ACTUALLY BOTH CORRECT.
IT'S GONNA BE TELEPHONIC THROUGH THE ZOOM APPLICATION.
IT'S ACTUALLY CALLED ZOOM CANDIDATE, I BELIEVE IS THE APPLICATION.
BUT IT IS ONLY GOING TO BE THE TELEPHONIC, UH, PORTION OF THE ZOOM CAPABILITY FOR THE PURPOSE FOR THE COMMUNITY TO, TO CHIME IN.
IT, IT MAKES A LOT OF SENSE 'CAUSE THERE'S A LOT MORE BANDWIDTH ON, UH, THE VIDEO PORTION.
I THINK THAT WOULD INCREASE THE PROBABILITY OF, OF, YOU KNOW, THIS THING GOING DOWN.
SO THAT I, I'LL I'LL SECOND THE MOTION ON THIS.
SO WE HAVE A MOTION FROM THE MAYOR, A SECOND FROM MR. DOFF.
WILL THE CLERK PLEASE CALL THE ROLL COUNCIL MEMBER DEHOFF.
[10. Appointment to the Parks and Recreation Advisory Committee]
10, APPOINTMENT TO, UH, PARKS AND REC ADVISORY COMMITTEE.UH, ALONG OF THE SHORT OF IT IS, UH, WE HAD THREE, UH, APPLICANTS, UH, REALLY APPRECIATE, UH, SEAN LOWRY AND, UH, KELLY REISINGER.
PUTTING IN AN APPLICATION, UH, FOR ME.
UH, DAN HUBER'S APPLICATION, UH, WAS HEAD AND SHOULDERS ABOVE THE OTHERS.
UH, DAN HAS BEEN DEEPLY INVOLVED IN THE COMMUNITY INSERT AND THE HAM RADIO ACTIVITY.
AND, UH, I WOULD MOVE THAT WE, UH, APPOINT DAN HOBERT TO THE PARK AND REC COMMITTEE.
SECOND FROM COUNCIL MEMBER PIKE.
ANY OTHER COMMENT OR QUESTION? THIS IS ROLL CALL, VOTE WILL PLEASE CALL THE ROLL C COUNCIL MEMBER DE HOFF.
AND I SAW DAN IN HERE EARLIER, BUT I
WELL TINA, TELL 'EM YOU GOT APPROVED.
[COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS:]
ON.COUNCIL INITIATED ITEMS, COMMENTS, UH, ALL THAT KINDA STUFF.
AN OPPORTUNITY TO BRIEFLY SHARE REGIONAL COMMITTEE ASSIGNMENT UPDATES AND OR BRIEFLY HIGHLIGHT CITY AND COMMUNITY EVENTS COMING UP IN THE NEXT FEW WEEKS OR THAT YOU'VE ATTENDED.
I JUST WANNA GIVE A QUICK SHOUT OUT TO THE SHERIFF'S, UM, ABOUT, I WAS GONNA DO THIS LAST TIME, BUT ABOUT TWO AND A HALF WEEKS AGO, I WITNESSED A HOT STOP, WHICH IS NOT A HOP STOP, BUT IT'S A HOT STOP.
I LEARNED THAT TERM ON, UH, TWIN PEAKS AND MIDLAND ON A SATURDAY.
[01:10:01]
DAUGHTER HOME FROM CELLO AND I SAW THREE, YOU KNOW, VEHICLES, UH, SHOW UP.ONE OF THE OFFICERS THERE, HIS HEAD WAS ON A SWIVEL TRYING TO KEEP THINGS, YOU KNOW, UNDER CONTROL AND THEY CORRALLED THIS VEHICLE ACROSS THE STREET AND THEY CAME OUT WITH, YOU KNOW, THEIR WEAPONS DRAWN AND, YOU KNOW, IT RESOLVED PEACEFULLY.
AND I WAS JUST REALLY IMPRESSED WITH HOW PROFESSIONAL AND SMOOTH THE OPERATION WAS BECAUSE NOBODY KNOWS WHAT'S GOING ON, YOU KNOW, AND JUST LIVING MIND THEIR OWN BUSINESS.
AND THEN SUDDENLY THIS HAPPENS AND SOMEBODY WHO'S NOT VERY GOOD FOR THE COMMUNITIES IS REMOVED FROM THE COMMUNITY.
AND IT'S SORT OF AS A REMINDER THAT WE LIVE IN AN EXCEPTIONALLY SAFE COMMUNITY.
AND IT'S IN PART NOT, IT'S NOT BECAUSE THERE'S NO BAD GUYS OUT THERE, IT'S BECAUSE WE HAVE FOLKS LIKE THE SHERIFFS OUT THERE KEEPING AN EYE ON THINGS AND, UH, TAKING, MAKING, MAKING SURE AND TAKING CARE OF BUSINESS.
SO I THINK, UH, YOU KNOW, IT'S SORT OF A REMINDER IF ANYBODY'S OUT THERE, YOU KNOW, TRYING TO EVADE AUTHORITIES, YOU KNOW, BETTER LOOK OVER YOUR SHOULDERS.
'CAUSE THE SHERIFFS ALWAYS GET THEIR MAN.
COUNCIL MEMBER PIKES, I HAVE NOTHING EXCEPT I WILL BE AT THE, UH, PCPA, UH, PROBABLY ON STAGE NEXT SATURDAY, THE 16TH FOR THE, UH, MOTOWN TRIBUTE.
AND LOOKING FORWARD TO THAT DEPUTY ME NOTHING.
A COUPLE THINGS I WANT TO REMIND EVERYBODY ABOUT.
THE, UH, 4TH OF JULY, AMERICA'S 250TH BIRTHDAY, UH, HOME AND APARTMENT AND CONDO DECORATING, UH, CONTEST THAT WE'RE GONNA HAVE.
UH, YOU'LL FIND THESE AROUND CITY HALL AND HOPEFULLY AROUND TOWN.
YOU CAN SCAN THE QR CODE AND, AND GET INVOLVED AND PARTICIPATE.
AND BRING THE, THE SPIRIT OF AMERICA, UH, TO POWAY, UH, AS IT ALWAYS COMES ON JULY 4TH, BUT CRANKED UP, UH, A LITTLE BIT MORE, UM, EARLIER THIS WEEK, OR NO, LAST WEEK, JET LAGS A TERRIBLE THING.
I WAS IN, UH, WASHINGTON, DC UH, I SERVE ON THE BOARD OF DIRECTORS FOR, UH, SAN DIEGO INTERNATIONAL AIRPORT.
UH, HAD, UH, SOME GOOD MEETINGS WITH GOVERNMENT OFFICIALS.
UH, GOT TO VISIT WITH, UH, CONGRESSMAN PETERS.
UH, SCOTT PETERS WILL BE OUR CONGRESSMAN AGAIN, UH, BEGINNING IN JANUARY.
UH, HE'S LOOKING FORWARD TO IT AND WE'RE LOOKING FORWARD TO, TO HAVING HIM BACK.
I WANNA THANK, UH, THE POWAY NEWS CHIEF AND THE UNION TRIBUNE, UH, FOR THEIR COVERAGE OF OUR DENSITY BONUS DISCUSSION, UH, A COUPLE WEEKS AGO.
UH, THEY'RE GENUINELY COMPLICATED ISSUES AND THE PUBLIC DESERVES TO UNDERSTAND THE, THE LEGAL ENVIRONMENT THAT WE ACTUALLY OPERATE IN, UH, TODAY.
AS I SAID IN THE LAST MEETING, WHEN WE ADOPTED THE POWAY ROAD SPECIFIC PLAN, I THINK IT WAS 2017, WE DID SO IN GOOD FAITH, UH, WITH THE EXPECTATION THAT THE STANDARDS OUR COMMUNITY CRAFTED WOULD BE ENFORCEABLE.
UH, SINCE THEN, SACRAMENTO AND THE COURTS HAVE DRAMATICALLY EXPANDED CALIFORNIA'S DENSITY BONUS LAW, AND STEADILY NARROWED, UH, LOCAL CONTROL OVER DEVELOPMENT DECISIONS.
CITIES LIKE POWAY DID NOTHING WRONG.
UH, THE RULES JUST CHANGED AND, AND NOT IN THE FAVOR OF LOCAL CITIES.
THAT'S THE REALITY WE FACE ON EVERY PROJECT THAT COMES BEFORE US.
WE, WE REALLY HAVE TO WALK A TIGHT ROPE HONORING THE VISION OF THE POWERWAY ROAD SPECIFIC PLAN WHILE RECOGNIZING THAT A PROPERTY OWNER WHO FEELS THAT WE PUSH TOO HARD CAN BYPASS OUR PLAN ALTOGETHER AND INVOKE STATE DENSITY BONUS LAW.
AND IF THAT HAPPENS, WE LOSE NOT JUST THE, THE STANDARDS WE'RE TRYING TO PROTECT, WE MAY LOSE, UH, MEANINGFUL SAY IN PROJECTS COMPLETELY.
IT'S A CHOICE THAT SITS BEHIND EVERY VOTE WE TAKE ON BOWIE ROAD.
SO THAT'S WHY I'M SO APPRECIATIVE OF THE CHIEF AND THE UT COVERING THE ISSUE.
PUBLIC UNDERSTANDING MATTERS SO MUCH.
AN INFORMED COMMUNITY REALLY IS OUR MOST, UM, IMPORTANT PARTNER HERE AT HOME.
SO I'M GRATEFUL TO THE PAPERS FOR HELPING ADVANCE THAT CONVERSATION AND WANT OUR RESIDENTS TO KNOW THAT THIS COUNCIL TAKES THESE ISSUES SERIOUSLY AND THAT WE WILL KEEP EXPLAINING OUR REASONING CLEARLY AND HONESTLY AS WE GO FORWARD.
CHRIS, ANYTHING ALAN, I KNOW YOU HAVE
[CLOSED SESSION]
SOMETHING TO SAY.WE'VE GOT FOUR ITEMS HERE ON FOR CLOSED SESSION, UH, FOR ALL THE VARIOUS REASONS LISTED ON THE AGENDA.
AND WITH THAT, WE WILL MOVE TO CLOSED SESSION.