Okay, let's go ahead and call the meeting.

This meeting of the law and legislation committee to order.

Madam Clerk, please call the role to establish the quorum.

Councilmember Gatta.

Here.

Council Member Valenzuela.

Here, Vice Mayor Harris or Vice Chair Harris.

Here?

And Chair Shaneer.

Here.

Thank you, Madam Clerk.

Appreciate that.

All right, let's go ahead and get started.

We have a consent calendar with the log and correspondence.

Any questions, comments on either of those two?

Move consent.

Sure.

Okay.

A motion.

I'll second that.

And a second.

Go ahead, please call the roll.

It appears that we don't have anyone with their hands raised to make public comments on the consent calendar.

So council member Geta.

All right.

Councilmember Valenzuela.

Yes.

Vice Chair Harris.

I.

And Chair Shaneer.

And I.

Great.

Okay, let's go ahead to item three.

This is an ordinance around drive-through restaurants.

Mr.

Norman, you'll be presenting as him.

Yes, thank you.

And good afternoon, Chair and Council members.

My name is Garrett Norman, associate planner.

The item before you is an ordinance that would allow for a city council call-up provision for drive-through restaurant conditional use permits.

The proposed amendment would allow the council member for which district the project is located in, and the mayor the ability to call up any drive-through conditional use permit application.

When staff presented this ordinance to the Planning Design Commission on June 24th, the ordinance was drafted to follow the same call-up procedures as cannabis CEPs.

Since that hearing, staff has modified the ordinance to eliminate the ability for any other council member to call up the project if the original requester withdraws their request.

Staff believes drive-throughs are district-specific issues, and this change will provide more certainty in the development review process for applicants.

All other components of the call-up provision will remain the same, which includes a notification to the mayor and council member after the decision is made, which then starts a 15-day period for the project to be called up for council.

This ordinance has been drafted at the request of Mayor Pro Tem Ashby and is tentatively scheduled for hearing before the city council in September.

Staff is recommending the commission or the committee pass a motion to forward a recommendation of approval to the city council.

Thank you.

Great.

But particularly for Councilmember Valenzuela, I think a little bit of context on the call-up going back beyond before cannabis did that.

Thank you, uh, Chair Shaneira Tom Pace, Director of Community Development.

A number of years ago, the city uh and I don't remember exactly when it was, but the city created a council call-up process.

Um that uh was basically another option beyond uh community member filing an appeal to take a decision that would otherwise stop at the planning and design commission or at the zoning administrator level to the city council for a council review.

After that was in place for many years, um, it was abolished as part of the development process uh streamlining effort that was undertaken oh about seven, eight years ago.

And we heard from developers in uh in the community who had expressed concerns about the call-up process, adding additional uncertainty to the development review process and also concerned that it was sometimes uh perhaps being abused by the council members who would uh threaten to call up an item even before a decision had been made on the item if uh the developer didn't agree to modify a project in a way that was satisfactory to that particular council member.

So at the time that uh the development process improvements were going through, the city council agreed to remove the call-up uh provisions, and the city ceased to have a call-up process.

And then uh a few years later, as the cannabis ordinances were being updated to reflect uh changes in state legislation around uh the legalized cannabis industry, um, the council determined to add call-up provision just specifically for uh cannabis conditional use permits.

And uh, and so until today, uh that's the only type of activity I should say uh until a few weeks ago.

That was the only type of activity that could be uh called up.

And then uh a few weeks ago we had an item on um drive-thru restaurants.