[CALL TO ORDER]
[00:00:10]
2025 REGULAR CITY COUNCIL MEETING TO ORDER. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER. MAEDA. HERE. COUNCIL MEMBER PIKUS HERE. DEPUTY MAYOR DEHOFF HERE. AND MAYOR VOSS HERE. DEPUTY MAYOR DEHOFF, PLEASE LEAD US IN THE PLEDGE.
AND NOW, IF YOU WOULD, PLEASE JOIN US FOR A MOMENT OF SILENCE. THANK YOU. FIRST UP ON
[PUBLIC COMMENT]
THE AGENDA IS PUBLIC COMMENT. IN ACCORDANCE WITH STATE LAW, AN ITEM NOT SCHEDULED ON THE AGENDA MAY BE BROUGHT FORWARD BY THE GENERAL PUBLIC FOR COMMENT. HOWEVER, THE CITY COUNCIL WILL NOT BE ABLE TO DISCUSS OR TAKE ACTION ON ANY ISSUE NOT INCLUDED ON THE AGENDA. YOU MAY SPEAK UP TO THREE MINUTES. SPEAKERS HAVE ONE OPPORTUNITY TO ADDRESS THE COUNCIL UNDER PUBLIC COMMENT. WE'LL START WITH CURTIS KITTERINGHAM. THANK YOU. FIRST OFF, I WANT TO APPRECIATE THE THANK THE CITY FOR DOING THE PICNIC FOR THE VOLUNTEERS. I'LL GO TO THAT EVERY YEAR. I'M A VOLUNTEER, SO I REALLY APPRECIATE THAT. IT'S REALLY GOES OFF GOOD. HERE FOR THE SPEAK FOR THE LAKE POWELL SKIMMERS. WE'VE BEEN A PART OF THE CITY SINCE THE LATE 80S. WE HAVE BEEN FLYING OFF THE LAKE FOR 30 SOME ODD WHATEVER IT IS, YEARS. I'VE BEEN PART OF THE CLUB SINCE 95 AND FULL TIME SINCE THE LAST SIX YEARS, SINCE I RETIRED. I LIVED IN POWAY BACK IN THE 70S. I FLEW LINE CONTROLS IN THE CITY AT THE TOP OF MY HILL DRIVE. EVERYBODY KNOWS WHAT HUMAN DRIVE IS BUT POINSETTIA TRAILER PARK. I FLEW LINE CONTROLS AT 9:00 TO 12:00 AT NIGHT AT THE CHURCH AT TWIN PEAKS AND MIDLAND, BELIEVE THAT OR NOT. AND THEY FLEW MODEL AIRPLANES AT TWIN PEAKS. WE FLEW MODEL AIRPLANES DOWN TO SYCAMORE CANYON ROAD TO POWAY PILOTS. AND NOW WE GOT THE POWAY SKIMMERS. AND I'VE BEEN I'VE BEEN PART OF THE SKIMMERS SINCE 95. AND WE REALLY WOULD REALLY, REALLY, REALLY APPRECIATE IF WE COULD WORK OUT SOME KIND OF AGREEMENT THAT WE CAN CONTINUE AFTER RECEIVING A NOTICE THAT WE ARE NO LONGER GOING TO BE ABLE TO FLY NEXT YEAR. WE WOULD LIKE TO WORK OUT SOMETHING LIKE MAYBE, POSSIBLY ONCE A ONE MONDAY A MONTH, IF THAT COULD BE WORKED OUT, BECAUSE WE DON'T REALLY WANT TO LOSE IT. YOU'RE THE ONLY CITY IN THE STATE AND POSSIBLY THE COUNTRY THAT ALLOWS A CLUB. WE ARE DEDICATED FLOAT MODEL ONLY CLUB, AND WE'RE ONE OF THE FEW IN THE COUNTRY THAT DOES THAT. WE'RE STRICTLY FLOAT MODELS, AND YOU'RE THE ONLY CITY THAT WORKS OUT SUCH A DEAL THAT WE HAVE NOW. SO WE'D LIKE TO CONTINUE OUR RELATIONSHIP WITH YOU AND SAY WE DO. WE'VE HAD NO PROBLEMS IN ALL THE YEARS THAT I KNOW OF. I'M THE PRESIDENT OF THE CLUB RIGHT NOW, AND THE PAST PRESIDENTS HAVE NEVER HAD A PROBLEM. OF COURSE, WE OCCASIONALLY WE GET A CAMPER OR WHATEVER THAT HAS A QUESTION OR TWO THAT MAY MAY BE POSITIVE, NEGATIVE. BUT MOST OF THE TIME WE'RE VERY POSITIVE. WE ENJOY ENTERTAINING THE PEOPLE, THE KIDS. WE HAVE SEVERAL JUNIOR MEMBERS IN THE CLUB. I HAVE ABOUT 5354 MEMBERS IN THE CLUB, ABOUT FIVE JUNIOR MEMBERS. A COUPLE OF THEM ARE DOING AERONAUTIC ENGINEERING STUDIES.I GOT ONE KID THAT DESIGNS HIS OWN MODELS, COMES OUT WITH HIS GRANDFATHER IN THE SUMMERTIME AND TRIES TO TEST THEM. SO THIS IS WHO WE, YOU KNOW, MODEL AVIATION IS IS WHERE YOU GUYS ARE, YOU KNOW, WITH THIS COUNTRY HAS BEEN BUILT ON FOR AVIATION ITSELF. SO WE'RE JUST NOT A BUNCH OF OLD GUYS OUT THERE PLAYING WITH MODEL AIRPLANES. SO WE REALLY WOULD APPRECIATE IF WE COULD WORK OUT SOMETHING TO CONTINUE WITH THE USE OF THE LAKE, BECAUSE WE TRY TO BE A GOOD MEMBER OF THE LAKE AND CONGENIAL, AND WE WORK HARD WITH THE RANGERS. WE DO ANYTHING THEY ASK US TO DO. SO LIKE I SAID, WE'VE TRIED NEVER TO BE A PROBLEM AND WE'D JUST LIKE TO CONTINUE THE THE USE OF THE LAKE IF IT'S POSSIBLE. THANK YOU. THANKS, CURTIS. TOM HARTLEY. I GUESS WHAT I WOULD LIKE TO DO IS MAYBE BUILD ON WHAT CURTIS SAID. I SIX OF MY
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OLDEST AND DEAREST FRIENDS IN MY AND MYSELF. BASICALLY, WE STARTED OUR AVIATION CAREERS WITH MODEL AIRPLANES AND AND MOST OF US ARE STILL DOING IT TODAY. TWO GUYS BECAME AIRLINE PILOTS, TWO MECHANICS, ONE A NAVAL OFFICER. AND THEN MYSELF. I WAS A FLIGHT INSTRUCTOR, A COMMERCIAL PILOT, AND LATER AN AIR TRAFFIC CONTROLLER, AND RETIRED FROM THAT OBVIOUSLY YEARS AGO. BUT ANYWAY, I A LOT OF I FEEL STRONGLY THAT MODEL AVIATION IS A GOOD KIND OF A GATEWAY DRUG FOR KIDS TO GET INTERESTED IN AVIATION AND LATER FORM CAREERS, WHETHER IT'S AS A PILOT OR A MECHANIC OR A CONTROLLER OR, YOU KNOW, LIKE AN AIRPORT MANAGER OR WHATEVER. BUT I DO FEEL VERY STRONGLY THAT THAT IS A WORTHWHILE ACTIVITY. AND I'M I'M VERY HOPEFUL THAT THE CITY WILL ACQUIESCE AND ALLOW THE POWAY SKIMMERS TO CONTINUE.THANK YOU VERY MUCH. THANK YOU, ROBERT FRAZIER. I'M PART OF THE RC SKIMMERS AT LAKE POWAY.
WE'VE BEEN THERE 30, SOME 37 YEARS. WE'VE NEVER HAD ANY INCIDENTS OR ISSUES. WE ONLY FLY TWO DAYS A MONTH, WHICH IS ROUGHLY 7% OF THE 30 DAY WINDOW. WE'RE JUST CURIOUS. WE'VE BEEN TOLD THAT IT'S A MANAGING SCHEDULE ISSUE. I BELIEVE IT'S A COMMUNITY PARK. WE FLY AT THE END OF THE PIER, THE VERY LONG PIER THAT GOES OUT. WE FLY OVER THE WATER. I DON'T QUITE WE DON'T AS MEMBERS. WE DON'T QUITE UNDERSTAND WHY THAT'S AN ISSUE. I DON'T UNDERSTAND HOW THAT COULD INTERFERE WITH OTHER OTHER PEOPLE IN THE PARK. IT IT JUST IT JUST KIND OF DOESN'T MAKE A LOT OF SENSE. SCHEDULING THING. WE ONLY FLY TWO DAYS A MONTH FROM GENERALLY FROM NOON TO THREE IN THE AFTERNOON. AND AGAIN, OUR SAFETY RECORD IS 101%. THAT'S REALLY ALL I HAVE.
I JUST THANK YOU FOR YOUR TIME. THANK YOU, STEVEN BELKNAP. HI, FOLKS. THIS IS MY FIRST TIME IN FRONT OF A GROUP LIKE THIS. SO I'M A LITTLE NERVOUS IN CASE ANYONE'S NOT FULLY UP TO SPEED.
THIS IS A LETTER THAT WE RECEIVED. I'M AGAIN. I'M SORRY. I'M WITH THE SKIMMER RC FLYING CLUB. THIS IS A LETTER WE RECEIVED FROM THE. DIRECTOR OF COMMUNITY SERVICES, TELLING US THAT OUR TIME AT THE LAKE IS DONE BY THE END OF THE YEAR, BECAUSE THEY HAVE OTHER USES FOR THE LAKE OR. THEY WANT TO OPEN IT FOR MORE HOURS OR MORE DAYS OF THE WEEK. CURRENTLY, WE FLY ON THE TWO DAYS A WEEK THAT IT'S CLOSED AND OR JUST ONE OF THOSE DAYS, BUT THEY, IN CONVERSATION WITH ALI VARGAS, SHE TOLD US THAT THE NEW RULES, ARE THEY GOING TO HAVE IT OPEN SEVEN DAYS A WEEK? THIS, SHE THINKS, WILL BE A PROBLEM FOR SORRY. SO I'VE BEEN A MEMBER OF THE CLUB FOR ABOUT EIGHT YEARS, AND I KNOW THEY'VE BEEN AROUND SINCE 1989. AND WHAT I WOULD LIKE TO ASK YOU FOLKS IS IF WE COULD GET HELP WITH THAT DEADLINE OF THE END OF THE YEAR, THAT WE COULD CONTINUE TO FLY, CONTINUE TO BE GRANDFATHERED INTO WHATEVER THE NEW PLANS ARE FOR THE THE PROGRAMS AT THE LAKE OR THE DAYS WITH THEIR OPEN. EXCUSE ME. I KNEW THAT WOULD HAPPEN. SO. LIKE ME, THE CLUB IS MADE UP OF MOSTLY RETIRED INDIVIDUALS. YOU'VE HEARD A COUPLE OF THEM, AND. BUT IT'S A GREAT WAY FOR US OLD FOLKS TO GET OUT AND SOCIALIZE AND GET SOME EXERCISE. WALKING UP AND DOWN TO THE PIER AND BACK. AND SOME OF US DON'T HAVE
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MUCH ELSE TO DO, SO IT'S REALLY NICE FOR THAT. IT WAS THE CLUB WAS ESTABLISHED IN 89, AS WE SAID AT THAT TIME, THE CLUB WAS BASICALLY GRANDFATHERED IN AND WITH THE WITH WHATEVER ELSE WAS GOING ON AT THE LAKE. CURRENTLY WE FLY ON MONDAYS AND A THREE HOUR TIME SLOT. WE FLY TWO MONDAYS A MONTH FOR THREE HOURS EACH. AND WHAT WE'RE ASKING IS THAT HOPEFULLY WITH WHATEVER THE NEW PLANS ARE FOR THE LAKE, WE CAN CARVE OUT SOME SORT OF TIME SLOT GOING FORWARD. FROM THE FIRST OF THE YEAR WHERE WE'RE OPEN, WE'RE FLEXIBLE. SO I HOPE THE DECISION THAT WAS WRITTEN DOWN IN THIS LETTER WAS NOT FINAL. HOPEFULLY WE CAN STILL WORK WITH THAT AND GET SOME SORT OF A SLOT THAT WE CAN FLY OUR PLANES. SO THAT'S ABOUT IT FOR ME. WHAT I'D LIKE TO DO, I DON'T KNOW IF ANYBODY NEEDS TO SEE THIS LETTER. BECAUSE THIS IS WHAT'S KIND OF STARTED THE WHOLE THING. WE CAN WE CAN GET A COPY OF THE LETTER. BUT THANK YOU FOR COMING OUT. OKAY, ONE LAST THING IS I'D LIKE TO INVITE ANYONE. OH, I'M SORRY, I'M TIED UP. OKAY. I'D LIKE TO INVITE ANYONE TO COME OUT AND FLY WITH US NEXT MONDAY FROM NOON TO THREE. OKAY. ALL RIGHT.THANK YOU, CHRIS CRUZ. GOOD EVENING, COUNCIL MEMBERS. I'VE SENT EACH OF YOU AN EMAIL CONTAINING EVIDENCE THAT SUBSTANTIATES WHAT I'M GOING TO SPEAK ABOUT TONIGHT. FOR THE PAST 15 YEARS, PETER HOFF HAS HAD AN ANONYMOUS BLOG CALLED POWERBOATS. PETER USES HIS ANONYMOUS BLOG TO EVISCERATE LOCAL POWAY CANDIDATES AND MEASURES THAT HE DOESN'T LIKE AND DO. HE PREYS ON THE ONES HE DOES LIKE. AND AS A PRIVATE CITIZEN, HE HAS EVERY RIGHT TO DO THAT. BUT PETER DE HOFF ALSO HAS A DISCLAIMER ON HIS ANONYMOUS BLOG SITE, WHERE HE CLAIMS THAT NONE OF THE CONTRIBUTORS FOR THE SITE WORK FOR, OR HAVE ANY ASSOCIATION WITH ANY CURRENT ELECTED OFFICIAL. THAT IS A LIE, AS PETER HIMSELF IS AN ELECTED OFFICIAL. FOR THE LAST THREE YEARS, AND WAS PREVIOUSLY APPOINTED TO THE BUDGET REVIEW COMMITTEE BY AN ELECTED OFFICIAL FOR A THREE YEAR TERM. DESPITE BEING CONFRONTED ABOUT IT. PETER HAS STEADFASTLY REFUSED TO ACKNOWLEDGE THAT HE IS THE OWNER OF THE ANONYMOUS BLOG SITE. AT ONE POINT, PETER DID REMOVE CONTENT FROM THE SITE FROM THE PAST SIX YEARS, BUT HE DID NOT REMOVE THE DISCLAIMER. THEN LAST MONTH, PETER REVIVED THE SITE AND POSTED A LONG HIT PIECE AGAINST THE FORMER COUNCIL MEMBER BLAINE DURING THE RECALL ELECTION. AND THAT IS WHAT TRIGGERED MY REQUEST FOR YOU TO CENSURE PETER DE HOFF. IN ADDITION TO POSTING ANONYMOUSLY. PETER HAS ALSO POSTED MANY TIMES ON NEXTDOOR AS A DISTRICT THREE COUNCIL MEMBER, BUT HE HAS DONE SO WITHOUT THE NECESSARY DISCLAIMER THAT HE IS POSTING AS A PRIVATE CITIZEN AND NOT AS A COUNCIL MEMBER. PETER HAS ALSO INVITED RESIDENTS TO CONTACT HIM VIA HIS CITY EMAIL ADDRESS TO DISCUSS CANDIDATES AND ELECTION ISSUES. THIS IS A VIOLATION OF POWAY'S CODE OF ETHICS, POWAY'S SOCIAL MEDIA POLICY, AND POSSIBLY STATE LAW. HUNDREDS, PERHAPS THOUSANDS OF PEOPLE HAVE READ PETER'S POST COMPLETELY UNAWARE THAT PETER IS THE PERSON BEHIND THE ANONYMOUS SITE, AND THAT PETER IS NOT REPRESENTING THE OFFICIAL COUNCIL POSITIONS ON SOCIAL MEDIA. I AM ASKING THE COUNCIL TO CENSURE PETER DE HOFF BECAUSE HE HAS NOT BEEN OPEN, HONEST OR TRANSPARENT WITH THE PUBLIC. SOME OF YOU MAY HAVE KNOWN ABOUT THIS SITE FOR A LONG TIME AND TURNED A BLIND EYE TO IT, BUT YOU ALL KNOW ABOUT IT NOW. AND IF YOU DO NOT CENSOR PETER, YOU ARE CONDONING HIS DECEPTIVE BEHAVIOR AND POSSIBLY PUTTING THE CITY AT RISK FOR LAWSUITS FOR THE GOOD OF THE CITY AND THE RESIDENTS. PLEASE CENSURE PETER DE HOFF. ALISON BELL.
GOOD EVENING, MAYOR VOS. MEMBERS OF THE CITY COUNCIL. MY NAME IS ALISON PARK. MY EMAIL SAYS BELL, BUT IT'S MY LAST NAME IS PARK. I'M A RESIDENT OF DISTRICT TWO. I'M ALSO A PROPERTY OWNER IN DISTRICT ONE AND DISTRICT THREE. THUS, I AM DEEPLY INVESTED IN THE
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GOVERNANCE OF THE CITY BECAUSE IT AFFECTS MY POCKETBOOK AND MY FAMILY PERSONALLY. I SUBMIT THIS FORMAL STATEMENT TO ADDRESS APPARENT VIOLATIONS OF THE CODE OF ETHICS BY COUNCIL MEMBER PETER DE HOFF. THE COUNCIL IS EMPOWERED UNDER THE MUNICIPAL CODE TO ADOPT A RESOLUTION OF CENSURE, AND I ASSERT THAT THE CONDUCT DETAILED BELOW WARRANTS A FORMAL AND PUBLIC REVIEW. AS YOU LOOK UP HERE, IT SAYS THREE THINGS THAT I BELIEVE THAT HE HAD VIOLATED. I AM HONEST AND FORTHRIGHT WITH MY FELLOW OFFICIALS TO PUBLICAN TO OTHERS, EVEN WHEN IT'S UNCOMFORTABLE TO DO SO COUNTLESS TIMES, INCLUDING IN A RECENT EMAIL EXCHANGE. YOU WERE NOT TRANSPARENT, FORTHRIGHT WHEN I WAS GIVING YOU THE OPPORTUNITY TO DO SO. I TREAT MY FELLOW CITY OFFICIALS, STAFF AND THE PUBLIC WITH PATIENCE, COURTESY AND CIVILITY, EVEN WHEN WE DISAGREE ON WHAT IS BEST IN THE COMMUNITY. I'LL NOTE THAT ON A ANOTHER SLIDE, YOU'LL SEE A COMMENT. I AVOID ACTIONS THAT MIGHT CAUSE THE PUBLIC TO QUESTION MY INDEPENDENT JUDGMENT. YOU DEFINITELY VIOLATED THAT, IN MY OPINION.LACK OF TRANSPARENCY AND DECEPTION. COUNCIL MEMBER DE HOFF APPEARS TO OWN AND CONTRIBUTE TO AN ANONYMOUS ONLINE BLOG. AS STATED BEFORE, HE DOES PUBLIC COMMENTARY, CANDIDATE ENDORSEMENTS DISSEMINATED DISSEMINATING NEGATIVE VIEWS ON LOCAL CANDIDATES AND RESIDENTS. THIS ANONYMITY, COUPLED WITH THE SITE'S POLITICAL ENGAGEMENT, IS INCONSISTENT WITH THE CODE REQUIREMENT FOR OFFICIALS TO BE HONEST AND FORTHRIGHT. THE SUPPORTING FACTS AND THIS IS PERSONAL. UNLIKE THAT, YOU YOU INSINUATED IN AN EMAIL THAT IT WAS DUE TO SOME CAMPAIGN AGAINST YOU, YOU YOURSELF. WHAT PIQUED MY INTEREST IN 2024? DURING THE ELECTION CYCLE, YOU COMMENTED TO SOMETHING THAT I COMMENTED ON SOCIAL MEDIA TRYING TO ATTEMPT TO GET A LINK TO YOUR BLOG POSTED, AND YOU SAID ALL THAT WE HAVE TO DO IS JUST TELL EVERYBODY ABOUT THIS SITE SO THEY CAN SEE ALL THE DETAILS ABOUT THE OTHER CANDIDATES. HARD STOP. I DON'T KNOW IF YOU REMEMBER I SAID I DON'T DO ANYONE'S DIRTY WORK.
THAT'S AN UNETHICAL ASK. I HAD TO LET IT GO. BUT THEN THINGS KEEP GOING. YOU DIDN'T STOP.
YOU RECENTLY REPLIED TO ME IN THE EMAIL THAT I SENT YOU SAYING THAT. OH, IT MUST BE BECAUSE YOU WROTE WROTE ON THE BLOG TEN YEARS AGO AND IT CITED YOUR NAME. THAT'S NOT WHY.
THEREBY YOU CHOSE NOT TO BE TRANSPARENT. RIGHT? WITH ME ON THE FULL CONNECTION THAT YOU HAVE ON THE SITE. AND, YOU KNOW, THERE'S PROOF THAT'S VERY DISAPPOINTING JUST AS A HUMAN BEING. FURTHERMORE, SPOILATION OF EVIDENCE AND A POSSIBLE LEGAL RISK BECAUSE YOU DECIDED IN NOVEMBER RECENTLY TO CHANGE AND DELETE THINGS. BUT OSINT TOOLS BRING BACK EVERYTHING YOU'VE EVER WRITTEN. BUT YOU ALSO SAID YOU HAVE A COPY OF THE 3738 ARTICLES THAT YOU RECENTLY WROTE OR YOU'VE HAD WRITTEN. NEED YOU TO WRAP UP? YOUR TIME IS UP. OKAY, THIS IS IN YOUR PACKET, BUT ALSO IN THE EMAIL. YOU NEED TO COME CLEAN AND BE TRANSPARENT WITH THE PUBLIC. THAT'S IT. JUST BE HONEST. TONY RUBINO. LONG TIME NO SEE. THANK YOU FOR ALLOWING ME TO COME HERE AND SAY THANKS FOR HELPING US WITH THE 11TH ANNUAL HEROES SOFTBALL GAME ON NOVEMBER 7TH. YOU GUYS WERE UMPIRES AND I CERTAINLY APPRECIATE YOUR PARTICIPATION SINCE THE BEGINNING. SUE HERNDON AND I STARTED THIS 11 YEARS AGO TO BRING THE COMMUNITY TOGETHER WITH OUR SPECIAL NEEDS POPULATION AND OTHERS IN THE COMMUNITY, AND IT'S JUST GROWN OVER THE YEARS. I APPRECIATE JENNY STEPPING UP AND PARTICIPATING IN HER FIRST BASEBALL GAME EVER, AND I APPRECIATE CHRIS. I'M SURE HE WAS A GENTLEMAN AND EXPLAINED THE WHOLE GAME TO YOU. RULES AND REGULATIONS OVER THERE AT THIRD BASE. BUT IT WAS A FUN TIME. AND IN PARTICULAR THE FIRE DUDE AND THE SHERIFF LADY WERE REALLY FUN TO HAVE JOINED TOGETHER. I KNOW BRIAN HATED TO GIVE UP FIVE SLOTS TO HIS GUYS, TO THE SHERIFFS, BUT IT WAS ALL IN FUN AND WE JUST HAD A GREAT TIME AND IT BROUGHT EVERYBODY TOGETHER. AS I GET THINGS ORGANIZED AND ON FRIDAYS IT'S JUST A FUN DAY BECAUSE I DELIVER THINGS TO EVERYBODY THAT'S PARTICIPATING. CLAUDIA AND BRIAN, I GOT YOUR JERSEYS, GOT YOU GUYS JACKETS. AND SUE WAS ADAMANT ABOUT DOING THAT THE RIGHT WAY OVER THE YEARS. AND I JUST HAD A LOT OF FUN DOING THAT ON FRIDAY AND REMEMBERING HER AND WHAT THIS GAME MEANT, BRINGING TOGETHER THE OTHER PEOPLE IN THE COMMUNITY THAT YOU SAW IN THE CEREMONY WERE THE TROOP 617, THE POWAY PRINCESSES. WE HAD THE GIRLS SOFTBALL, GREAT RESPONDERS AND OUR SHERIFF GUYS THERE. I HAD MY ORIGINAL SHORTSTOP, JOHN CHRIS, 50 YEARS OLD, WALK OUT WITH A FLAG. HIS MOM WAS MY FIRST TEAM MOM. SHE BROKE HER HIP TWO DAYS BEFORE. SHE SAYS, I'LL BE THERE, TONY.
I SAID, STAY HOME, PLEASE. AND THEN WE HAD SEE, WHO ELSE DO WE HAVE? I JUST GOTTA MENTION LISA
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LINGHAM WITH THE ORIGINAL PANCAKE HOUSE HANDLES, ALL OF THE RAFFLE THINGS THAT WE HAD, AND WE HAD GREAT PRIZES HERE. BUT THIS YEAR. BUT NIGHTHAWK ENERGY WAS OUR EVENT SPONSOR FOR THE SECOND YEAR IN A ROW, AND THEY'RE ALREADY SIGNED UP FOR NEXT YEAR BECAUSE THEY HAD SO MUCH FUN. BUT ONE THING THEY DID IN THEIR EVENT SPONSORSHIP WAS GIVE ME THE ABILITY TO GO OUT AND BUY $1,050 RESTAURANT CERTIFICATES TO SHARE. IN A TASTE OF POWAY BASKET RAFFLE PRIZE. AND THAT WENT OVER REALLY WELL. BETH GALLOWAY FROM KIWANIS, SHE WON. AND SHE ACTUALLY CALLED ME THE OTHER DAY AND SAID SHE TOOK SOME FRIENDS TO THE PANCAKE HOUSE, SO THAT WAS PRETTY COOL. BUT SHE'S GOT NINE MORE PLACES TO TAKE FRIENDS TO, SO IT WAS A FUN THING. BUT GOT A QUOTE FROM THE MAYOR, AND I REALLY APPRECIATED HIS COMMENTS SAYING THAT THIS EVENT IS PURE PATHWAY. THANKS. THANKS, TONY. PETER, DID YOU WANT TO SAY A WORD? NOT NOT REALLY. I MEAN, THESE THINGS AREN'T RELATED TO ANYTHING WITH CITY BUSINESS.OKAY. MOVING ON TO THE CONCLUDES PUBLIC COMMENT. MOVING ON TO THE CONSENT
[CONSENT CALENDAR]
CALENDAR. I HAVE NO SPEAKERS. I'M HAPPY TO MOVE APPROVAL OF ITEMS ONE THROUGH SIX. NINA.SECOND SECOND. I HAVE A SECOND FROM COUNCIL MEMBER PICUS. THIS IS A ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MAEDA. AYE. COUNCIL MEMBER. PICUS. HI.
DEPUTY MAYOR DEHOFF I AND MAYOR VOS. AYE. ITEM PASSES. WE'LL GO TO PUBLIC HEARINGS. A
[7. Resolution Declaring the Property at 14025 Tierra Bonita Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violations]
RESOLUTION DECLARING THE PROPERTY AT 14025. TIERRA BONITA ROAD CONSTITUTES A PUBLIC NUISANCE. AND ORDERING THE PROPERTY OWNER TO ABATE THE VIOLATIONS. I WILL NOW OPEN THE PUBLIC HEARING. SENIOR CODE COMPLIANCE OFFICER, VIENNA RIVERA WILL PRESENT THE ITEM ALONG WITH A POWERPOINT PRESENTATION. FOLLOWING STAFF'S PRESENTATION. CITY ATTORNEY ALAN FENSTERMACHER WILL PROVIDE SOME ADDITIONAL INFORMATION. VIENNA, TAKE IT AWAY. THANK YOU.COUNCIL. THIS IS THE RESOLUTION DECLARING THE PROPERTY LOCATED AT 14025 TIERRA BONITA ROAD AS A PUBLIC NUISANCE AND ORDERING THE PROPERTY OWNER TO ABATE THE VIOLATIONS. PURSUANT TO CHAPTER 8.72 OF THE MUNICIPAL CODE. THE VIOLATIONS OF THIS PROPERTY INCLUDE TRASH, JUNK AND DEBRIS, WEEDS, AND AN INOPERABLE VEHICLE VISIBLE FROM THE PUBLIC RIGHT OF WAY. THE PROPERTY IS IN SIGNIFICANT DISREPAIR, INCLUDING THE INTERIOR OF THE DRIVEWAY. ADDITIONALLY, VIOLATIONS TO THE CALIFORNIA BUILDING CODE, INCLUDING UNPERMITTED WATER HEATER.
SUBSTANTIAL DIRECT COMMUNICATION WITH THE PROPERTY OWNER HAS BEEN RECORDED, ALONG WITH MULTIPLE PLANS TO ACHIEVE COMPLIANCE. THIS NEXT SLIDE ILLUSTRATES A PHOTO OF THE CURRENT CONDITION OF THE PROPERTY. THIS WAS TAKEN THIS YEAR IN 2025. THE FOLLOWING PHOTOS DEPICT AN UNKEPT INTERIOR OF THE HOME, WHICH POSSESSES HEALTH, POSES. HEALTH AND SAFETY HAZARDS. IN ADVANCE OF THIS HEARING, MULTIPLE NOTICES HAVE BEEN ISSUED TO THE PROPERTY OWNER AS SHOWN IN THE CHRONOLOGY IN THIS SLIDE. I WILL NOW PASS IT ON TO THE CITY ATTORNEY FOR FURTHER DETAILS. THANK YOU. SO WHAT YOU'RE BEING ASKED, I KNOW SOME OF YOU MAY RECALL FROM ABOUT 5 OR 6 YEARS AGO, LAST TIME WE DID THIS FOR A NUMBER OF PROPERTIES. BUT WHAT YOU'RE BEING, WHAT THE COUNCIL IS BEING ASKED TO DO TODAY IS DECLARE A PUBLIC NUISANCE. AND IF YOU ADOPT THAT RESOLUTION, WHAT WILL HAPPEN IS THE RESOLUTION WILL BE SENT TO THE PROPERTY OWNER. AND AND NOTICE POSTED ON THE RESOLUTION WILL BE POSTED ON THE ON THE ADDRESS. AND THE PROPERTY OWNER HAS 30 DAYS TO ABATE ALL THE NUISANCES LISTED. OBVIOUSLY THEY'VE HAD MORE TIME THAN THAT FOR THIS PROPERTY. WE'VE AS FAR AS I'M AWARE, WE'VE NEVER HEARD FROM THE PROPERTY OWNER IN RESPONSE TO ANY OF OUR NOTICES AND ANY IN ANY EVENT, IF EVERYTHING IS NOT ABATED AT THAT POINT, PURSUANT TO THE DECLARATION OF PUBLIC NUISANCE, OUR OFFICE WOULD THEN BE AUTHORIZED TO GO TO COURT, GET AN INSPECTION AND ABATEMENT WARRANT, AT WHICH POINT THE CITY COULD HIRE CONTRACTORS TO ABATE THE NUISANCES, SUCH AS MOWING THE WEEDS, TOWING CARS, GETTING OUT ALL THE TRASH FROM THE YARDS, FRONT YARD, BACK YARD, ETCETERA, AND THE COST OF DOING THAT AS WELL AS THE ATTORNEY TIME WOULD BE PUT AS A SPECIAL ASSESSMENT ON THE ON THE TAX ROLL FOR THIS PROPERTY. WE'D COME BACK TO COUNCIL ACTUALLY TO WITH AN ITEMIZED COST LIST, AND THE COUNCIL WILL HAVE TO APPROVE TO GO AHEAD AND PUT THAT AS A LIEN OR TAX SPECIAL ASSESSMENT FOR THIS PARTICULAR PROPERTY. IT'S IMPORTANT TO NOTE, YOU KNOW, THERE'S PART OF IF YOU DO DECLARE THE PUBLIC NUISANCE, WE'LL BE ABLE TO ABATE SOME OF THE EXTERIOR ISSUES. BUT THIS PARTICULAR PROPERTY IS IN
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APPEARS TO BE IN VERY, VERY POOR PHYSICAL SHAPE. SO PART OF THE WARRANT WOULD BE AN INSPECTION WARRANT TO ACTUALLY GET INSIDE. YOU SAW SOME INTERIOR PICTURES. THOSE WERE TAKEN THROUGH A WINDOW. SO RIGHT NOW WE DON'T HAVE THE ABILITY TO GO INSIDE. WE WOULD INSPECT AND POTENTIALLY TAKE FURTHER ACTION, MAYBE EVEN A RECEIVERSHIP ACTION. IF THERE WERE EXTENSIVE PHYSICAL REPAIRS, WHICH IS NOT SOMETHING WE WOULD HIRE A CONTRACTOR TO DO, DISTINCT FROM SORT OF CLEARING TRASH AND THAT KIND OF THING. SO AGAIN, SORT OF THE AND YOU'LL SEE TWO MORE OF THESE AFTER THIS. BUT THE THE MAIN THING TO REMEMBER IS YOU'RE DECLARING A PUBLIC NUISANCE. THERE'S STILL 30 DAYS FOR VOLUNTARY COMPLIANCE. AND EVEN AFTER THAT, FRANKLY, IF THERE'S PROGRESS IS BEING MADE, THE CITY IS NOT GOING TO, YOU KNOW, GO GET A WARRANT THEN THEN WE'D GO GET A WARRANT, RETURN TO YOU WITH OUR ITEMIZED COSTS, AND SHOW YOU WHAT'S BEEN DONE AND THEN POTENTIALLY TAKE NEXT STEPS. THANK YOU. AND, ALAN, BEFORE WE BEGIN PUBLIC COMMENT, I BELIEVE WE HAVE SOMEONE HERE TO SPEAK ON BEHALF OF THE PROPERTY OWNER. OR IS THE PROPERTY OWNER, DON MONTFORT? HI. HI. I AM DOING MY BEST. I LOST MY ENTIRE FAMILY IN THIS THE SCHEME OF FIVE YEARS. MY ENTIRE FAMILY. THE TRAILER HAS BEEN THERE SINCE 1989. THAT IS MY HORSE TRAILER. IT HAS BEEN THERE UNTIL THE LAST FIVE YEARS.IT HAS NOT BEEN AN ISSUE. YES, I AGREE, MY YARD LOOKS LIKE CRAP. I DON'T APPRECIATE INSIDE PICTURES BEING TAKEN IN MY HOUSE WITHOUT MY PERMISSION. I DIDN'T KNOW THAT WAS LEGAL. I AM A SLOB. IT'S PLAIN AND SIMPLE. I'M A SLOB. AND I DO AGREE THAT MY FRONT YARD NEEDS WORK. AND I WORK FROM 8 A.M. UNTIL I GET HOME. 9:00 I HAVE HIRED MANY PEOPLE TO COME. I HAD THINGS STOLEN FROM MY HOUSE. I DO HAVE PTSD. IT'S CALLED COMPLEX PTSD, PTSD. I'M TRYING MY HARDEST AND I GET PHONE CALLS THREATENING ME. IT DOESN'T MAKE ME FEEL. NO ONE HAS OFFERED ME HELP. I'M ONE PERSON. YES, I'M 51 YEARS OLD, BUT I AM ONE PERSON AND I AM TRYING MY HARDEST AS IT COMES TO MY DRIVEWAY. THE PEOPLE THAT BUILT THEIR HOMES ABOVE ME WERE TOLD THE IDEA WITH THEIR EASEMENT WAS THAT THEY, IF ANY DAMAGE WAS DONE IN MY DRIVEWAY, THEY WOULD FIX IT. THEY HAVE NOT. THEY HAVE DENIED THAT THEY HAVE THE PAPERWORK. AND THAT WAS MANY, MANY YEARS. LIKE I SAID, I'M NOT I'M NOT TRYING. I'M NOT TRYING TO BE A BAD PERSON. I'M A GOOD PERSON. I DON'T DO ANYTHING. I WORK MY BUTT OFF TO BE ABLE TO LIVE, AND I AM. I'M A SLOB, I ADMIT IT. I MEAN, YOU CAN LOOK AT MY TRUCK. I'M TRYING MY HARDEST TO GET BY. THESE ARE NOT FAKE TEARS. I JUST I JUST WANT TO LIVE AND BE LEFT. I AM SORRY THAT MY HOUSE LOOKS LIKE CRAP. I CAN'T, THERE'S NOTHING WRONG WITH INSIDE OF IT OTHER THAN, AGAIN, I'M A SLOB. I'M PRETTY MUCH A HOARDER. I DON'T NEED ANYONE TO COME IN AND SAY, OH, WE'RE GOING TO HAVE A WARRANT AND WE'RE GOING TO COME INTO YOUR HOUSE. NO. AND AS FOR MY HOT WATER HEATER, SORRY, I'M ALL OVER THE PLACE THAT WAS APPROVED AND SDG AND E CAME IN AND THEY INSPECTED IT, AND I DON'T REMEMBER WHO IT WAS. WHAT 19, 20, 19? THEY SAID IT WAS FINE FOR SD GENIE TO COME IN AND INSPECT IT. AND I HAVE HAD SEVERAL BACK AND THEN. SORRY CONVERSATIONS WITH SOMEONE. AND AGAIN, I DON'T REMEMBER WHO IT WAS, BUT IT WAS FINE BECAUSE IF SDG AND E DIDN'T CLEAR IT, I WOULDN'T HAVE ANY GAS AND ELECTRIC. THEY CLEARED IT. ALL IT WAS WAS A NEW HOT WATER HEATER AND YEAH. ALL RIGHT. THANK YOU. THAT CONCLUDES OUR SPEAKERS ON THIS ITEM. COULD YOU PUT UP THE TIMELINE AGAIN OF HOW MANY DIFFERENT WARNINGS AND THINGS THERE HAVE BEEN? I'M JUST TRYING TO GET MY ARMS AROUND THIS. YES, SIR. SO THE COURTESY NOTICE WAS MAILED ON MARCH 3RD, 2021. NOTICE OF VIOLATION COMMUNICATION BETWEEN APRIL 16TH, 2021 AND APRIL 13TH, 2023. WE STARTED CITATIONS AS OF JULY 3RD, 2021 THROUGH APRIL 15TH, 2025 AND THE FINAL NOTICE OF VIOLATION OCTOBER 22ND. SO WE HAVE MADE SEVERAL ATTEMPTS
[00:30:05]
TO WORK WITH THE PROPERTY OWNER IN THE PROPERTY MAINTENANCE. THANK YOU. I WILL NOW CLOSE THE PUBLIC HEARING. COUNCIL COMMENTS. QUESTIONS. PETER. THANK YOU. THIS IS ALWAYS ONE OF THE HARDER THINGS TO HAVE TO DO. THE. I DROVE BY THE HOUSE A NUMBER OF TIMES. MY FOLKS I SPEAK WITH THEY'RE THEY KNOW THE HOUSE AND I'VE BEEN TO THESE INDUSTRY ASSOCIATION MEETINGS, BUILDING INDUSTRY ASSOCIATION MEETINGS AND THEY TALK ABOUT FIRE HAZARDS AND HOW COMMUNITIES THEY NEED TO BE RESILIENT. THEY ACTUALLY NEED TO HAVE ALMOST EVERYBODY THERE ACTUALLY HAVE, YOU KNOW, CONTROL OVER THINGS LIKE WEEDS, THINGS THAT ARE UP CLOSE TO THEIR HOUSE, BECAUSE I'VE SEEN VIDEOS AND THEY'RE REALLY, REALLY SCARY VIDEOS. WHEN THE EMBERS COME IN AND THERE'S WIND AND YOU JUST SEE, YOU KNOW, THE HOUSE IS FINE, AND THEN THE NEIGHBOR'S HOUSE LIGHTS IT UP. AND WHEN I LOOK AT THE PICTURES AND I'VE DRIVEN BY THE PLACE, I CAN SEE THAT HAPPENING IN THE MIDDLE OF THAT NEIGHBORHOOD. THERE'S I FULLY UNDERSTAND IT'S BEEN VERY DIFFICULT, BUT THERE'S BEEN THIS VERY LONG RECORD, UNFORTUNATELY, OF THESE OPPORTUNITIES TO TO MAKE TO MAKE IMPROVEMENTS THERE. AND IT'S POSSIBLE THE INSIDE OF THE HOUSE IS IS FINE. YOU KNOW, IN TERMS OF STRUCTURE, I DON'T THINK PEOPLE CARE SO MUCH ABOUT, YOU KNOW, THE CLUTTER. I THINK THE, THE CONCERN FOR THE INSIDE IS WHETHER OR NOT THE HOUSE IS LIKE GOING TO GOING TO FALL DOWN OR SOMETHING LIKE THAT. SO I WILL ACTUALLY MOVE TO APPROVE THIS ITEM. ANY OTHER COUNCIL COMMENT, MR. PICKLES? WELL, I THANK YOU, DON, FOR COMING TO SPEAK AND MY HEART GOES OUT TO YOU. I KNOW WHEN YOU KNOW, MY DAD DIED LIKE FIVE YEARS AGO.MY BROTHER WAS THE EXECUTOR. HE WAS PRETTY MUCH, YOU KNOW, IT TOOK THREE YEARS TO SETTLE THE ESTATE BECAUSE HE JUST COULD NOT. IT JUST AFFECTED HIM SO MUCH. AND SO I CAN I KNOW WHERE YOU'RE COMING FROM, AND. BUT THEN I LOOK AT THIS LOG HERE AND IT'S GOING BACK FIVE YEARS WHERE THEY SENT YOU LETTER AFTER LETTER AND PHONE CALL AFTER PHONE CALL. AND THERE'S BEEN NO RESPONSE. AND SO ULTIMATELY WE OWE IT TO THE NEIGHBORS TO GET SOMETHING DONE HERE. THAT I HAVE DECLUTTERED THAN THAT IN THOSE FIVE YEARS. OKAY, I HAS BEEN DONE. OKAY, DON, WE'VE GOT TO TALK ABOUT IT UP HERE NOW. THANK YOU. WELL, I GUESS WHAT I'M SAYING IS THAT EVEN TONIGHT, IF WE AUTHORIZE THE DECLARATION OF A NUISANCE, YOU'VE GOT 30 DAYS TO MAKE A GOOD FAITH EFFORT TO WORK WITH THE CITY, BECAUSE EVERYTHING IN THIS RECORD IS LIKE CALLS THAT GET HUNG UP ON OR NOTICES THAT GET IGNORED. AND SO I GUESS WHAT I'M REALLY HOPING IS THAT IF YOU COULD ENGAGE WITH THE CITY, YOU KNOW, IT'S NOT AS DIRE AS IT'S MADE OUT TO BE IF WE CAN GET SOMETHING DONE HERE. SO I SO I AM IN FAVOR OF THIS BECAUSE I THINK WE OWE IT TO THE NEIGHBORHOOD TO GET SOME OF THIS TAKEN CARE OF. AND I UNDERSTAND WHAT'S GOING ON, BUT JUST TALK TO THE CITY AND WORK WITH THEM AND WORK SOMETHING. WORK SOMETHING OUT, THAT'S ALL.
COUNCIL MEMBER. MAEDA. ANYTHING. DON, I'M SO SORRY THIS IS HAPPENING TO YOU, BUT IT'S BEEN TOO MANY YEARS, AND IT'S JUST NOT SAFE FOR YOU OR YOUR NEIGHBORS. AND I HOPE YOU CAN USE THE NEXT 30 DAYS TO STOP THIS PROCESS. DON, I LOOK AT THE THE LONG TRACK RECORD AND THAT'S TROUBLING. AND MY HEART BREAKS FOR YOU. BUT MY HEART ALSO IS WITH YOUR NEIGHBORS THAT THAT HAVE TO KEEP LOOKING AT IT LIKE THIS. I WOULD REALLY ENCOURAGE YOU TO MAKE A MEANINGFUL EFFORT IN THE NEXT 30 DAYS. I OCCASIONALLY HEAR FROM CHURCH GROUPS WHO ARE LOOKING FOR PROJECTS THAT THEY CAN PITCH IN ON. I'M GOING TO SEE IF THERE'S ANY ONE OF THEM THAT WOULD BE WILLING TO COME AND HELP CLEAN UP AROUND THE HOUSE, BUT YOU'RE REALLY GOING TO HAVE TO STEP IT UP. NONE OF US TAKE ANY PLEASURE IN TAKING AN ACTION LIKE THIS, BUT WE OWE IT TO THE BROADER COMMUNITY, AND WE'LL DO THE BEST WE CAN TO HELP YOU THROUGH THIS. SO I TOO WILL BE SUPPORTING THIS. WE HAVE A MOTION FROM DEPUTY MAYOR DE HOFF, A SECOND FROM COUNCIL MEMBER PIKUS. THIS IS A ROLL CALL VOTE. WILL THE CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER. MAEDA. AYE. COUNCIL MEMBER PIKUS I. DEPUTY MAYOR DE HOFF I AND MAYOR VOS. AYE. ITEM
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PASSES. AND DON, IF YOU WOULD MAKE SURE THAT WE'VE GOT SOME GOOD CONTACT INFORMATION FOR YOU. SO IF I CAN ENLIST SOME HELP, THEY'LL BE ABLE TO REACH YOU. I'M SORRY. IF YOU COULD GIVE IT TO THE DEPUTY AT THE BACK OF THE ROOM ON YOUR WAY OUT. THAT'D BE GREAT. MOVING ON[8. Resolution Declaring the Property at 16943 Valle Verde Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violation]
TO ITEM EIGHT. RESOLUTION DECLARING THE PROPERTY AT 16943. VAL VERDE ROAD CONSTITUTES A PUBLIC NUISANCE AND ORDERING THE PROPERTY OWNER TO ABATE THE VIOLATION. I WILL NOW OPEN THE PUBLIC HEARING, SENIOR CODE COMPLIANCE OFFICER VIANEY RIVERA WILL PRESENT THE ITEM ALONG WITH THE POWERPOINT FOLLOWING STAFF. CITY ATTORNEY FENSTERMAKER WILL PROVIDE ADDITIONAL INFORMATION. VIANEY. THANK YOU. MAYOR. THIS IS THE RESOLUTION DECLARING THE PROPERTY LOCATED AT 16943 VALLE VERDE ROAD AS A PUBLIC NUISANCE AND ORDERING THE PROPERTY OWNER TO ABATE THE VIOLATIONS. PURSUANT TO CHAPTER 8.72 OF THE MUNICIPAL CODE. THE VIOLATIONS ON THIS PROPERTY INCLUDE TRASH, JUNK AND DEBRIS, WEEDS AND INOPERABLE VEHICLE VISIBLE FROM THE PUBLIC RIGHT OF WAY. VIOLATIONS TO THE CALIFORNIA BUILDING CODE INCLUDE THE PROPERTY IN DISREPAIR AND UNPERMITTED UNFINISHED CONSTRUCTION. WITH HAD SUBSTANTIAL DIRECT COMMUNICATION WITH THE PROPERTY OWNER AND HIS REPRESENTATIVE VIA PHONE AND EMAIL. HOWEVER, THE MULTIPLE COMPLIANCE EFFORTS HAVE FAILED. THIS PROPERTY WAS PREVIOUSLY ABATED BY THE ORDER OF THE CITY COUNCIL ON JUNE 21ST, 2018. SINCE JANUARY 2025, WE HAVE ISSUED SEVERAL NOTICES OF VIOLATION AND ADMINISTRATIVE CITATIONS. THE PHOTOS ON THIS SLIDE SHOW THE CURRENT CONDITION OF THE PROPERTY, INCLUDING THE INOPERABLE VEHICLE, UNFINISHED CONSTRUCTION, WEEDS AND DEBRIS. THIS IS A CLOSE UP PHOTO OF THE UNFINISHED CONSTRUCTION ON THE FRONT YARD, AND WHICH IS VISIBLE FROM THE PUBLIC RIGHT OF WAY. IN ADVANCE OF THIS HEARING, MULTIPLE NOTICES HAVE BEEN ISSUED TO THE PROPERTY OWNER, AS SHOWN IN THE CHRONOLOGY ON THIS SLIDE. I WILL NOW PASS IT ON TO THE CITY ATTORNEY FOR FURTHER DETAILS. THANKS. SO THE SAME SAME ASK IS BEFORE YOU AS THE LAST ITEM, WHICH IS AGAIN TO ADOPT A RESOLUTION DECLARING THIS PROPERTY A PUBLIC NUISANCE, WHICH GIVES THE PROPERTY OWNER 30 DAYS TO ABATE OR WE GO GET A WARRANT. I NOTE THAT THIS THIS, THE PROPERTY OWNER DID REACH OUT TODAY AND YESTERDAY WITH CALLS AND EMAILS. THE EMAILS HAVE ALL BEEN PRINTED OUT AND PROVIDED TO YOU AS TO DISTILL DOWN THE PROPERTY OWNER'S REQUEST. THEY HE APPARENTLY MOVED TO WASHINGTON, YOU KNOW, FIVE OR SO YEARS AGO AND HAS NOT RETURNED TO TOWN AND ESSENTIALLY WANTS A CONTINUANCE OF THIS MATTER, CLAIMING THE ONLY ONLY JUST NOW GOT NOTICE. OF COURSE, THERE'S A LONG HISTORY OF OF LETTERS AND AND NOTICES, AS FAR AS I KNOW. YOU KNOW, I WAS INVOLVED IN THE ORIGINAL JUST TO KIND OF MENTIONED IT. IN 2018. WE CAME HERE FOR THE SAME PROPERTY, NEVER HEARD FROM THEM, AND ACTUALLY REMOVED A DAMAGED FENCE AND SOME OTHER JUNK VIA ABATEMENT WARRANT, THE EXACT SAME PROCESS. SO I THINK AT LEAST SINCE THEN THE PROPERTY HAS BEEN VACANT. SO THAT'S SEVEN YEARS AND NO ONE HAS LIVED THERE AS FAR AS I KNOW. ANYWAY, HE REQUESTED A CONTINUANCE AND WANTED DISCOVERY AND, YOU KNOW, BASICALLY SAID IT WAS IT WAS NOT FAIR THAT HE DIDN'T HAVE TIME TO PREPARE, YOU KNOW, DETAILED RESPONSE. BUT AGAIN, OUR OPINION IS THIS IS PARTICULARLY THIS PROPERTY. IT'S BEEN SEVEN, YOU KNOW, SEVEN PLUS YEARS OF, OF ZERO ACTIVITY BY THE PROPERTY OWNER ON THE, ON THE PROPERTY. SO WE CERTAINLY THINK IT'S APPROPRIATE TO JUST MOVE FORWARD. AND AGAIN, THERE'S STILL 30 DAYS. AND IF ANY PROGRESS IS MADE, THE CITY IS NOT GOING TO RUSH TO COURT. IN THIS CASE. WE WOULD WE WOULD ALSO GET AN INSPECTION ABATEMENT WARRANT TO REMOVE THE JUNK IN THE WEEDS RIGHT AWAY. AND WE'RE ALSO LOOKING FOR AN INSPECTION WARRANT ON THE SITE, YOU KNOW, POTENTIAL SUBSTANDARD CONSTRUCTION, BECAUSE IF YOU LOOK AT THE FRONT OF THE HOUSE, SOME OF THE STUCCO IS NOW BASICALLY PLYWOOD. SO IT'S KIND OF CONCERNING ON THE PHYSICAL INTEGRITY OF THE HOUSE. AND, YOU KNOW, OBVIOUSLY WE DON'T KNOW WHAT'S INSIDE. IT'S BEEN VACANT FOR A VERY LONG TIME. SO HAPPY TO ANSWER ANY QUESTIONS. AND THAT'S ALL I HAVE. AND BEFORE WE BEGIN PUBLIC COMMENT, I'D LIKE TO ASK WHETHER ANYONE PRESENT WISHES WISHES TO SPEAK ON BEHALF OF THE PROPERTY OWNERS OF 16943 VALLE VERDE ROAD. SEEING NO ONE AND WE HAVE NO SPEAKERS. SO I WILL CLOSE THE PUBLIC HEARING. I'VE LONG BEEN FAMILIAR WITH THIS HOUSE AND LONG COMPLAINED ABOUT THIS HOUSE, AND IT SEEMS TO GET WORSE AND WORSE. WINDOWS ARE[00:40:01]
BOARDED UP, STUCCO IS TORN OFF THE BACK OF THE HOUSE WHERE AN OVERHANG IS. IT'S IT'S A RAT'S NEST. CAN'T EVEN CALL IT AN ATTRACTIVE NUISANCE. IT'S JUST A NUISANCE. AND I'M HAPPY TO MOVE APPROVAL OF THIS ITEM. COUNCIL MEMBERS. ANYONE? MR. DAYHOFF, I ALSO DROVE BY THIS PROPERTY. I'M ACTUALLY. IT'S RIGHT ACROSS FROM A PARK. IF I RECALL, I WAS ACTUALLY SOMEWHAT CONCERNED IT WOULD BECOME A PLACE FOR FOLKS JUST TO MOVE IN AND AND HANG OUT. IT IS AN ABSOLUTELY IN DISREPAIR. THIS HAS BEEN SITTING THERE FOR A LONG TIME. IT'S GONE THROUGH THIS PROCESS BEFORE. I DON'T THINK THERE'S ANY REAL QUESTION HERE THAT WE NEED TO MOVE FORWARD AND GET THIS HANDLED. IS THAT A SECOND? I THOUGHT SO, MR. PACOS, ONLY THAT, YOU KNOW, I ALSO LOOK THROUGH THIS RECORD AND AGAIN, A LONG HISTORY OF IGNORING EVERY COMMUNICATION FROM THE CITY. AND THEN TODAY AT 1230, GETTING AN EMAIL SAYING, HEY, CAN YOU DELAY THIS A BIT? BECAUSE I'VE BEEN UNDER A LOT OF STRESS. IT JUST DOESN'T STRIKE ME AS A GOOD FAITH RESPONSE, ESPECIALLY SINCE THERE IS A LETTER SENT OUT ON OCTOBER 20TH SAYING, YOU KNOW, PLEASE GET BACK TO US ASAP. SO YEAH, I THINK AFTER SEVEN YEARS IT'S TIME. WE HAVE A MOTION FROM THE MAYOR, A SECOND FROM DEPUTY MAYOR DE HOFF TO ADOPT THE PROPOSED RESOLUTION. FINDING THE CONDITIONS ON THE PROPERTY CONSTITUTE A PUBLIC NUISANCE AND DECLARING THE CITY ABATE. THE NUISANCE OF THE PROPERTY OWNER FAILS TO ADDRESS THE ISSUES IN A TIMELY MANNER. THIS IS A ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MAEDA. AYE. COUNCIL MEMBER PIKUS I. DEPUTY MAYOR DE HOFF I AND MAYOR VOS.[9. Resolution Declaring the Property at 14033 Riverbend Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violations]
AYE. ITEM PASSES. MOVING ON TO ITEM NINE. RESOLUTION DECLARING THE PROPERTY AT 14033.RIVERBEND ROAD CONSTITUTES A PUBLIC NUISANCE AND ORDERING THE PROPERTY OWNER TO ABATE THE VIOLATIONS. I WILL NOW OPEN THE PUBLIC HEARING. SENIOR CODE COMPLIANCE OFFICER VIANEY RIVERA WILL PRESENT THE ITEM ALONG WITH THE POWERPOINT, FOLLOWED BY CITY ATTORNEY MR. FENSTERMAKER. THANK YOU MAYOR. THIS IS THE RESOLUTION DECLARING THE PROPERTY LOCATED AT 14033 RIVERBEND ROAD AS A PUBLIC NUISANCE AND ORDERING THE PROPERTY OWNER TO EVADE THE VIOLATIONS. PURSUANT TO CHAPTER 8.72 OF THE MUNICIPAL CODE. THE VIOLATIONS ON THIS PROPERTY INCLUDE TRASH, JUNK, DEBRIS, WEEDS, AND AN UNPERMITTED STORAGE CONTAINER, AND THE PROPERTY IS IN DISREPAIR, INCLUDING VISIBLE SAGGING ON THE ROOF AREA. SUBSTANTIAL DIRECT COMMUNICATION WITH THE PROPERTY OWNER HAS BEEN ESTABLISHED VIA PHONE, EMAIL AND WITH MULTIPLE IN-PERSON MEETINGS. HOWEVER, THE MULTIPLE COMPLIANCE PLANS HAVE NOT BEEN SUCCESSFUL TO DATE. STAFF MET WITH THE PROPERTY OWNER ON FRIDAY, NOVEMBER 14TH TO DISCUSS THE RECENT EFFORTS IN ABATEMENT IN FRONT IN THE FRONT YARD. HOWEVER, THE OWNER CONFIRMED THAT THEY ARE NOT ABLE TO REMOVE THE STORAGE CONTAINER AT THIS TIME. THIS NEXT SLIDE SHOWS PHOTOS OF THE PROPERTY'S CONDITION IN 2024, WHERE THE HIGH WEEDS AND THE STORAGE CONTAINER REMAINED IN THE FRONT YARD. THE PHOTOS ON THIS SLIDE DEPICT THE RECENT EFFORTS ON THE PROPERTY MAINTENANCE, BUT MOST ALL OF THE VIOLATIONS REMAIN. IN ADVANCE OF THIS HEARING. MULTIPLE NOTICES HAVE BEEN ISSUED TO THE PROPERTY OWNER AS SHOWN IN THE CHRONOLOGY ON THE SLIDE. I WILL NOW PASS IT ON TO THE CITY ATTORNEY FOR FURTHER DETAILS. THANK YOU. NOTHING REALLY TO ADD OTHER THAN WHAT I'VE ALREADY SAID ON THE OTHER MATTERS, THIS WOULD BE THE SAME. THE SAME ASK WHICH IS APPROVING A RESOLUTION DECLARING THE PROPERTY A PUBLIC NUISANCE, AUTHORIZING, YOU KNOW, AGAIN, 30 DAYS FOR ADDITIONAL SUBSTANTIAL COMPLIANCE. AND IF WE DON'T GET THAT, WE PROCEED WITH THE ABATEMENT WARRANT PROCESS. THANK YOU BOTH. WE DO HAVE THE PROPERTY OWNER HERE WISHING TO SPEAK, MR. BRUNO.
MR. BRUNO. YES, SIR. OKAY. THANK YOU. I. I GOT THE AGENDA FOR TONIGHT'S MEETING, BUT I DIDN'T RECEIVE ANY OF THE ATTACHMENTS A, B, C, D AND E, SO I'D LIKE TO MAYBE GET COPIES OF THOSE. I, I DISAGREE, THE PROPERTY IS NOT IN DISREPAIR. THERE WAS A TRUSS ON THE ROOF, ON THE GARAGE, AND IT APPEARS ONE OF THE TRUSSES HAS FAILED. SO IT'S A MATTER OF GOING IN
[00:45:02]
AND DOING A REPAIR ON THE TRUSS. BUT THE HOUSE IS NOT IN DISREPAIR. IT'S NOT LIKE THE OTHER TWO TWO HOUSES. OKAY. I'VE BEEN IN COMMUNICATION WITH MISS RIVERA, THE SENIOR CODE COMPLIANCE OFFICER, FOLLOWING THE FIRST NOTICE OF VIOLATION. AND WE'VE BEEN IN CONSTANT COMMUNICATION SINCE THEN. AND THE OFFICE MEETING ON AUGUST 25TH, IT WAS CONCLUDED WITH AN AGREEMENT TO ALLOW ME TO RESOLVE THE WEED ISSUE WHEN THE HOT WEATHER SUBSIDED, WHICH I COMPLIED WITH OVER SEVERAL WEEKS. AND GIVEN THE LIMITED NUMBER OF GREEN BIN DISPOSAL BINS, IT TOOK A NUMBER OF WEEKS, MAYBE ABOUT OVER A MONTH. BUT I GOT THE FRONT YARD CLEANED UP AND THE THE SHRUBS TRIMMED, THE TREE CLEANED UP AND TRIMMED. ALSO AT THAT MEETING IN AUGUST 25TH, I REQUESTED ALL CORRESPONDENCE BE MAILED TO ME TO MY P.O. BOX THAT I CHECK ON A WEEKLY BASIS. AFTER CHURCH ON SUNDAY, BUT I RECEIVED A A DELAYED MAILING FROM THE LAW FIRM AND THE WRITTEN LAW FIRM. BUT WHEN I PICKED UP MY MAIL, I RESPONDED TO THEM AS SOON AS I RECEIVED A NOTICE. I SPOKE WITH MISS RIVERA LAST WEEK A WAS CORRECTED AND ASKED THAT IT WAS ASKED IF IT WAS OKAY IN THAT CONDITION, AND SHE SAID SHE WAS UNAWARE OF ANY OF THE IMPROVEMENTS IN THE CONDITION. IN HER RECENT INSPECTION OF THE PROPERTY, BUT THERE WERE 12 BINS COMPLETELY FILLED WITH WEEDS AND SHRUB TRIMMINGS OVER A MONTH PERIOD. I'VE BEEN UNEMPLOYED SINCE FEBRUARY 25TH AND I'M EXPERIENCING A FINANCIAL HARDSHIP. I'M LIVING LIVING ON A LIMITED AMOUNT OF SOCIAL SECURITY INCOME, AND THE PROPERTY IS SCHEDULED FOR FORECLOSURE SALE, AND I'M WORKING ON OBTAINING A CASH OUT SECOND TRUST DEED WITHIN THE NEXT 60 DAYS TO RESOLVE THE FINANCIAL HARDSHIP WITH RESPECT TO THE SEVEN SIX ITEMS IN THE LAW FIRMS LETTER, THE C C TANER HAVE BEEN IN TOUCH WITH SEVERAL CONTAINER MOVING AND STORAGE COMPANIES. MY BOX MOVING AND STORAGE BOB JOHNSON CONTAINER STORAGE UNITS MOVING AND PORTABLE STORAGE. BIG BOX CONTAINER STORAGE. ATLAS TRANSIT AND MOVING STORAGE CORONADO MOBILE STORAGE AND CHIPMAN STORAGE. SO I'M ALSO LOOKING AT RELOCATING THE CONTAINER TO A PROPERTY I OWN IN SAN FELIPE, MEXICO AND WILL BE CONTACTING THE DEVELOPER ON THE PROPERTY TO GET APPROVAL CONTINGENT UPON OBTAINING FUNDING TO RELOCATE IT. AND I PRESUME THERE'LL BE GOVERNMENTAL RESTRICTIONS AND REQUIREMENTS THAT NEED TO BE MET TO BRING IT INTO THE COUNTRY OF MEXICO. THE STORAGE OF TANGIBLE PERSONAL PROPERTY OUTSIDE THE STRUCTURE. PLANNING TO MOVE THE PROPERTY INSIDE IT WAS MOVED OUTSIDE BY TENANTS THAT I HAD LIVING IN THE PROPERTY WITHOUT MY APPROVAL, AND I PLAN TO RELOCATE THAT PERSONAL PROPERTY INSIDE OR HAUL IT AWAY FOR DISPOSAL WITHIN THE NEXT 30 DAYS. THAT WAS NUMBER TWO. ITEM NUMBER THREE. THE SAME THING REGARDING PROPERTY, THE WEEDS AND DRY GRASSES AND SHRUBS HAVE BEEN RECTIFIED AS REQUESTED. THE FRONT AND SIDE YARDS HAVE BEEN LANDSCAPED, THE ROOF SAGGING. THAT WAS NUMBER FIVE. NUMBER SIX. THE ROOF SAGGING WILL BE.I HAVE TO OPEN THE ROOF, REMOVE THE PLYWOOD AND LOOK AT THE TRUSS AND SEE IF I CAN MAKE REPAIRS. AND I PLAN TO MAKE COMPLIANCE USING A BUILDING PERMIT ISSUED BY THE CITY, WEATHER PERMITTING. I'VE BEEN A RESIDENT OF POWAY FOR OVER 38 YEARS, AND AND THE ORIGINAL OWNER. I KNOW MY NEIGHBORS ON A FIRST NAME BASIS, AND I PLAN TO RETIRE IN THE HOME. I RAISED MY CHILDREN THERE. I WORKED IN THE BUSINESS PARK FOR 17 YEARS. AND DURING DURING MY TIME, MY
[00:50:05]
NEIGHBORS HAVE COMPLIMENTED ME ON MY YARD AS BEING BEING THE NICEST IN THE NEIGHBORHOOD.EXCUSE ME A MOMENT. AT THE. AND YOU. YOU PROBABLY RECALL THIS AT THE TURN OF THE CENTURY, I WAS PAYING OVER $600 PER MONTH TO KEEP THE GRASS AND SHRUBS MAINTAINED, AND THE CITY MADE IT DIFFICULT TO KEEP PAYING THAT AMOUNT. WITH THE INCREASES IN WATER RATES AND THE SEWAGE CHARGES. AND I DID AS THE CITY DID, STOPPED UTILIZING SO MUCH WATER, AND IT ALLOWED THE GRASS TO DIE OFF, AS WELL AS SOME OF THE SHRUBS. AND I HAD WHAT WHAT WAS THE NICEST TREE? A TULIP TREE IN THE FRONT YARD. AND THE THE TRUNK WAS PROBABLY THIS BIG AROUND. AND WHEN I STOP WATERING THE GRASS, THE TREE DIED. AND WHILE THE TENANTS WERE LIVING THERE, IT FELL OVER INTO THE DRIVEWAY. AND IT TOOK ME ABOUT TWO WEEKS TO TO REMOVE THE THE TREE. IT WAS SO LARGE.
IT WAS A NICE HISTORY IN THE NEIGHBORHOOD. I NOTICED THAT THE CITY AT THE SAME TIME STOPPED WATERING THE PARKWAYS ON A SWOLLEN ROAD, AND ALL OF THE GRASS IS NOW GONE. THAT ONCE WAS ALONG A ROAD, ALONG WITH A BUNCH OF DEAD SHRUBS THAT I NOTICED LAST WEEK AS I DROVE BY. SO AS THE CITY CUT BACK ON WATER USAGE, THAT'S THE SAME THING I DID. I'M NOT AS YOUNG AS I WAS WHEN I MOVED IN. I DESIGNED AND LANDSCAPED THE YARD, LAYING THE BRICKS, POURING THE CONCRETE, INSTALLING IRRIGATION, PLANTING THE GRASS AND THE SHRUBS AND EVERY TREE IN THE YARD. AS I SAID, I'M NOT AS YOUNG AS I USED TO WHEN I MOVED IN. AND AS A SENIOR CITIZEN I HAVE NUMEROUS HEALTH ISSUES, MOST RECENTLY TODAY A VISIT TO MY DOCTOR FOR A PERSISTENT SKIN RASH ON MY ARMS, WHICH I. PROBABLY AS A RESULT OF REMOVING THE WEEDS WHILE I WAS WORKING IN THE YARD. MR. BRUNO, I NEED YOU TO WRAP UP. PARDON? I NEED YOU TO WRAP UP. YEAH. I'M DONE. I JUST SAID THAT MY HOUSE WAS RENTED AND IT WAS NOT MAINTAINED TO MY STANDARDS, AND THE PROPERTY WAS MOVED OUTSIDE WITHOUT MY PERMISSION. BUT I PLAN TO HAVE THAT RECTIFIED WITHIN THE NEXT 30 DAYS. THE C TANNER MAY TAKE A LITTLE BIT LONGER. THANK YOU. I WILL NOW CLOSE THE PUBLIC HEARING. VINNIE, COULD YOU BRING UP THAT TIMELINE AGAIN, PLEASE? YES, SIR. COUNCIL COMMENTS AND QUESTIONS. DEPUTY MAYOR DAVE.
ALSO A DIFFICULT ONE, BUT I REALLY DO APPRECIATE THAT. YOU KNOW, YOU'VE TAKEN A LOOK AND HAVE A PLAN OF ACTION. AND IT SOUNDS LIKE THE MAJORITY OF THESE ISSUES WILL BE HANDLED IN THE 30 DAY PERIOD. YOU KNOW, AFTER THE, YOU KNOW, THE THE PROCESS HERE TODAY. AND I THINK THEY'RE JUST LOOKING FOR COMPLIANCE OR, OR MOVEMENT ON THE COMPLIANCE. SO WE'LL SEE.
YOU KNOW, IF YOU'RE ABLE TO TO GET OUT OF THAT ESPECIALLY THAT THAT C TANER I'M GLAD YOU'RE YOU'RE WORKING TO TAKE CARE OF THAT. SO I WILL MOVE TO APPROVE THIS. COUNCIL MEMBER PACKETS. I REALLY DON'T HAVE WORDS. I'M VERY SORRY FOR EVERYTHING YOU'VE LOST. IT'S IT'S IT'S HEARTBREAKING. AND I JUST WISH YOU HAD BEEN MORE PROACTIVE IN ENGAGING WITH THE CITY. SO IT DIDN'T COME TO THIS, BUT THAT CONTAINER HAS BEEN TWO YEARS. SO I'M SORRY, BUT YOU KNOW, IT'S GOTTA GET MOVED SOONER OR LATER. HOPEFULLY SOONER. COUNCIL MEMBER MAEDA. YEAH, I'M I'M GOING TO SECOND THIS MOTION AND STRONGLY ENCOURAGE YOU TO MAKE SUBSTANTIAL PROGRESS IN THE NEXT 30 DAYS. WE ARE NOT HERE TO BEAT YOU OVER THE HEAD. I FOUND SOME IRONY IN THE FACT
[00:55:11]
THAT YOU WERE CONCERNED ABOUT THE RULES AND REGULATIONS THAT WOULD APPLY TO YOUR CONTAINER IF YOU WERE TO TAKE IT TO YOUR PROPERTY. IN SAN FELIPE, WE HAVE RULES THAT HAVE TO BE FOLLOWED HERE FOR THE SAKE OF THE COMMUNITY. SO. I'LL SECOND THIS. WE HAVE A MOTION TO ADOPT THE PROPOSED RESOLUTION, FINDING THE CONDITIONS ON THE PROPERTY CONSTITUTE A PUBLIC NUISANCE AND DECLARING THE CITY ABATE THE NUISANCE. IF THE PROPERTY OWNER FAILS TO ADDRESS THE ISSUES IN A TIMELY MANNER. MOTION IS FROM DEPUTY MAYOR DE HOFF, THE SECOND BY THE MAYOR.THIS IS ROLL CALL VOTE. WILL THE CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER. MAEDA. AYE.
COUNCIL MEMBER PICAS. AYE. DEPUTY MAYOR DE HOFF I AND MAYOR VOSS. A ITEM PASSES.
[10. Approval of an Ordinance of the City of Poway, California, Amending Poway Municipal Code Title 15 to Adopt by Reference the 2025 California Building Standards Codes with Local Amendments]
MOVING ON TO ITEM TEN. APPROVAL OF AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA. AMENDING POWAY MUNICIPAL CODE TITLE 15 TO ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODES WITH LOCAL AMENDMENTS. I WILL NOW OPEN THE PUBLIC HEARING, SENIOR PLANNER KEVIN PARKER AND DEPUTY FIRE MARSHAL ANDY LOPERENA WILL PRESENT THE ITEM ALONG WITH A POWERPOINT.WELCOME. GOOD EVENING, HONORABLE MAYOR, MEMBERS OF THE COUNCIL. MY NAME IS KEVIN PARKER, SENIOR PLANNER HERE ON STAFF TONIGHT. ANDY, DEPUTY FIRE MARSHAL ANDY LOPERENA AND I WILL BE PRESENTING ITEM NUMBER TEN ORDINANCE TO ADOPT THE 2025 CALIFORNIA BUILDING STANDARDS CODE WITH LOCAL AMENDMENTS. THE 2025 CALIFORNIA BUILDING STANDARDS CODE, WHICH IS ALSO KNOWN AS TITLE 24 FROM THE CALIFORNIA CODE OF REGULATIONS, WAS PUBLISHED ON JULY 1ST, 2025 WITH AN EFFECTIVE DATE OF JANUARY 1ST, 2026. THIS ORDINANCE BEFORE YOU TONIGHT ADOPTS THE 2025 TRIENNIAL ADDITION OF TITLE 24, WITH UPDATES TO THE FOLLOWING POWAY MUNICIPAL CODE CHAPTERS AS YOU SEE ON YOUR SLIDE. AS REQUIRED BY STATE LAW, EVERY THREE YEARS, THE CITY IS REQUIRED TO ADOPT AN ORDINANCE THAT INCLUDES THESE CODE UPDATES IN EFFORTS FOR CLARITY AND ALIGNMENT. ONE OF THE MORE NOTABLE CHANGES SHOWN HERE IN YELLOW IS THE CREATION OF THE CALIFORNIA WILDLAND URBAN INTERFACE CODE, ALSO KNOWN AS THE WUI CODE, WHICH WILL BE ADDED TO THE POWAY MUNICIPAL CODE AS CHAPTER 15.05. THE WUI CODE CONSOLIDATES INFORMATION FROM THE 2022 CALIFORNIA FIRE CODE, CALIFORNIA BUILDING CODE, AND CALIFORNIA RESIDENTIAL CODE, AND WILL APPLY TO NEW CONSTRUCTION AND BUILDING MODIFICATIONS IN BOTH THE HIGH AND VERY HIGH FIRE SEVERITY ZONES AND LOCALLY ESTABLISHED WUI AREAS. FURTHERMORE, THE WUI CODE CONTAINS SPECIFIC PROVISIONS RELATED TO DEFENSIBLE SPACES THAT ALSO APPLIES TO EXISTING STRUCTURES WITHIN THE VERY HIGH FIRE SEVERITY ZONES AND LOCALLY DESIGNATED WUI AREAS. THE. DISCUSS IN FURTHER DETAIL. I'M TURNING THIS OVER TO OUR DEPUTY FIRE MARSHAL, ANDY LOPERENA. THANK YOU KEVIN. GOOD EVENING, HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. IN ADDITION TO ADOPTING THE 2025 CODES BY REFERENCE, THE PROPOSED ORDINANCE INCLUDES LOCAL AMENDMENTS WHICH ARE DESIGNED TO CLARIFY CURRENT STANDARDS AND POLICIES AND IMPROVE FIRE AND LIFE SAFETY IN OUR COMMUNITY. SOME OF THE LOCAL AMENDMENTS INCLUDE. CONSTRUCTION PERMITS.
CONSTRUCTION PERMITS ARE REQUIRED FOR THE REMOVAL, ADDITION AND ALTERATION OF FIRE SPRINKLER SYSTEMS. WHEN FIVE OR MORE FIRE SPRINKLERS ARE AFFECTED IN A COMMERCIAL STRUCTURE AND TWO OR MORE FIRE SPRINKLERS ARE AFFECTED IN A COMMERCIAL. IN A RESIDENTIAL STRUCTURE, FIRE MITIGATION MEASURES. FIRE MITIGATION OPTIONS SUCH AS FIREWALLS AND FIRE FENCES ARE AVAILABLE IN CIRCUMSTANCES WHERE SETBACKS OR FUEL MODIFICATION ZONES FOR NEW CONSTRUCTION CANNOT BE COMPLETED. COMPLETELY ACHIEVED FIRE APPARATUS, TURNOUTS AND TURNAROUNDS. CLARIFIES THE REQUIREMENT FOR FIRE APPARATUS, TURNOUTS AND TURNAROUNDS WHERE DRIVEWAYS EXTEND TO OR EXCEED 300FT. FIRE DEPARTMENT OPERATIONAL PERMITS ADDS THE REQUIREMENT FOR FIRE DEPARTMENT OPERATIONAL PERMITS FOR FARMERS MARKETS, HOLIDAY LOTS AND STREET FAIRS, RESIDENTIAL FIRE SPRINKLER SYSTEMS. REMOVES OUTDATED RESIDENTIAL FIRE SPRINKLER REQUIREMENTS SUCH AS AN INSPECTOR'S TEST VALVE ALARM BELL WATER PRESSURE GAUGE TO BETTER ALIGN WITH THE REQUIREMENTS OF THE CALIFORNIA FIRE CODE AND NFPA STANDARDS, AUXILIARY POWER ADDS THE REQUIREMENTS FOR PROVIDING BACKUP POWER WHERE FIRE SPRINKLER SYSTEMS ARE SERVED BY A WATER TANK AND A BOOSTER PUMP. IN THE RURAL NON WATER SERVICE AREAS. IN THIS REDESIGNED EXHIBIT, YOU WILL FIND THE REQUIREMENTS FOR FUEL
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MODIFICATION ZONES FOR NEW CONSTRUCTION. ZONE ZERO IS LOCATED WITHIN THE FIRST FIVE FEET OF A STRUCTURE, AND IS REQUIRED TO HAVE ENTIRELY NONCOMBUSTIBLE GROUND COVERING AND BUILDING MATERIALS. ZONE ONE IS LOCATED WITHIN 5 TO 30FT OF THE STRUCTURE, AND IS REQUIRED TO BE IRRIGATED AND PLANTED WITH FIRE VEGETATION ZONE TWO IS LOCATED WITHIN 30 TO 100FT OF THE STRUCTURE, AND IS REQUIRED TO BE TRIMMED AND MAINTAINED TO 6 TO 12IN IN HEIGHT. NATURAL VEGETATION IS PERMISSIBLE IN THIS ZONE. IN ZONES ONE AND TWO, TREES ARE PERMISSIBLE PROVIDED THEY MEET SPACING REQUIREMENTS. IT IS RECOMMENDED THE CITY COUNCIL TAKE PUBLIC INPUT, CLOSE THE PUBLIC HEARING AND INTRODUCE THE ORDINANCE FOR FIRST READING ONLY AND SCHEDULE FOR ADOPTION ON DECEMBER 2ND, 2025. THIS CONCLUDES STAFF'S PRESENTATION AND WE ARE AVAILABLE FOR QUESTIONS. THANK YOU. THANK YOU GENTLEMEN. YOU BOTH COULD BE IN RADIO. GOOD STRONG VOICES ON THOSE REPORTS. WE HAVE NO PUBLIC SPEAKERS. I WILL NOW CLOSE THE PUBLIC HEARING. I'M HAPPY TO MOVE TO INTRODUCE THE ORDINANCE FOR FIRST READING BY TITLE ONLY, WAIVING FURTHER READING AND SCHEDULE THE ADOPTION OF THE ORDINANCE FOR DECEMBER 2ND, 2025. REGULAR CITY COUNCIL MEETING. COUNCIL LOOKING FOR A SECOND AND ANY COMMENTS OR QUESTIONS. SECOND FROM COUNCIL MEMBER MAEDA. ANY COMMENTS OR QUESTIONS? WE HAVE A MOTION BY THE MAYOR, A SECOND BY COUNCIL MEMBER MAEDA. WILL THE CITY CLERK PLEASE TITLE THE ORDINANCE FOR INTRODUCTION AND FOLLOW THE ROLL CALL VOTE? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING POWAY MUNICIPAL CODE TITLE 15.ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODES WITH LOCAL AMENDMENTS.
COUNCIL MEMBER, MEAD COUNCIL MEMBER, PIKUS I. DEPUTY MAYOR DEHOFF I AND MAYOR VOS. AYE.
[11. Resolution Approving All-Way Stop Control at the Intersection of Bowdoin Road and Los Olivos Avenue ]
ITEM PASSES. THANK YOU. MOVING TO ITEM 11. STAFF REPORT RESOLUTION APPROVING ALL WAY STOP CONTROL AT THE INTERSECTION OF. HOW DO YOU SAY THAT WORD? BOWDOIN. BOWDOIN.THANK YOU. AND OLIVAS CITY ENGINEER TRACY BEACH WILL PRESENT THE ITEM ALONG WITH THE POWERPOINT. I'D DRIVE BY THAT STREET ALL THE TIME AND ALWAYS WONDER WHAT THE RIGHT WAY IS.
SO THANK YOU, TRACY. TAKE IT AWAY. THANK YOU. GOOD EVENING. MAYOR. MEMBERS OF THE COUNCIL.
STAFF RECEIVED A REQUEST, ALONG WITH A PETITION TO INSTALL AN ALL WAY STOP CONTROL AT THE INTERSECTION OF BOWDOIN ROAD AND LOS OLIVOS AVENUE. A PETITION OF AT LEAST TEN SIGNATURES FROM RESIDENTS WITHIN 500FT OF AN INTERSECTION IS REQUIRED TO BE SUBMITTED WITH A STOP SIGN REQUEST. STAFF VERIFIED THE PETITION, WHICH INCLUDED 15 PROPERTY OWNERS OR RESIDENTS WITHIN THE 500 FOOT RADIUS. STAFF THEN COMPLETED AN ENGINEERING ANALYSIS OF THE INTERSECTION, THE PETITION STATED. NEAR-MISS COLLISIONS AND VEHICLES TRAVELING AT UNSAFE SPEEDS WERE THE PRIMARY CONCERN. THIS INTERSECTION IS A T INTERSECTION WHERE LOS OLIVOS AVENUE DEAD ENDS INTO BOWDOIN ROAD. CURRENTLY, THERE ARE NO TRAFFIC CONTROL DEVICES INSTALLED AT THE INTERSECTION, AND DRIVERS ARE REQUIRED TO FOLLOW THE RIGHT OF WAY. RULES.
FOR AN INTERSECTION WHERE RIGHT OF WAY IS DETERMINED BY ORDER OF ARRIVAL AT THE INTERSECTION, STAFF COLLECTED SPEED SURVEY AND VOLUME DATA, AND ASSESSED FIELD CONDITIONS TO REVIEW SITE DISTANCE AND GEOMETRIC CONDITIONS OF THE ROADWAY. THE ITEM WAS PRESENTED TO THE TRAFFIC SAFETY COMMITTEE IN MAY OF THIS YEAR. THE CALIFORNIA MANUAL OF ON UNIFORM TRAFFIC CONTROL DEVICES, KNOWN AS THE MUTCD, IS THE GOVERNING CRITERIA AND STANDARD FOR TRAFFIC SIGNS. THE MUTCD HAS SHOULD CONDITIONS AND MAY CONDITIONS FOR STOP SIGN INSTALLATION EVALUATION CRITERIA BASED UPON THE LOW TRAFFIC VOLUMES, SPEED DATA, AND NUMBER OF ACCIDENTS EACH YEAR, THE INTERSECTION DOES NOT MEET ANY OF THE SHOULD CONDITIONS. THE INTERSECTION QUALIFIES UNDER THE MAY CONDITIONS BECAUSE THE ROADS HAVE SIMILAR ROADWAY CHARACTERISTICS, SPEED LIMITS, AND OPERATING PARAMETERS. STAFF ALSO ANALYZED SIGHT DISTANCE FOR LOS OLIVOS AVENUE USING THE CURRENT SPEED DATA, FOLLOWING THE CALIFORNIA HIGHWAY DESIGN MANUAL FOR AN UNCONTROLLED APPROACH. THIS SLIDE SHOWS HOW FAR FROM THE INTERSECTION AN APPROACHING VEHICLE MUST BE FOR A DRIVER ON LOS OLIVOS AVENUE TO DETERMINE IF THEY CAN SAFELY ENTER THE INTERSECTION. THE AVAILABLE SIGHT DISTANCE, LOOKING TO THE EAST ON BOWDOIN ROAD, EXCEEDS THE MINIMUM NEEDED DISTANCE OF 297FT FOR A RIGHT TURN. MOVEMENT FOR A LEFT TURN MOVEMENT FROM LOS OLIVOS AVENUE, A MINIMUM OF 342FT IS
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NEEDED. YOU CAN SEE THE ORANGE DASHED LINE IN THIS EXHIBIT SHOWS THE LINE OF SIGHT. THERE ARE SEVERAL FACTORS HERE THAT CAN CAUSE ISSUES WITH THE LINE OF SIGHT ON STREET PARKING ON BOWDOIN ROAD AT NATICK AVENUE IS ALLOWED NEAR LOS OLIVOS. LOS OLIVOS AVENUE, DEPENDING ON THE SIZE OF THE VEHICLE AND THE PARKING AREA ON THE WEST SIDE OF BOWDOIN ROAD, EXISTING TRAFFIC FROM LOS OLIVOS AVENUE MAY HAVE TROUBLE SEEING ONCOMING TRAFFIC DUE TO THE HORIZONTAL CURVATURE OF THE ROAD. ADDITIONALLY, HOMES NEAR THE INTERSECTION HAVE TREES AND FOLIAGE THAT MAY OBSTRUCT THE DRIVER'S LINE OF SIGHT IF LEFT UNTRIMMED OVER TIME. DURING THIS ANALYSIS, STAFF ALSO NOTICED THE APPROACH OF STANDISH DRIVE WITH NATICK AVENUE AND BOWDOIN ROAD IN THE MIDDLE OF THE HORIZONTAL CURVATURE. THIS APPROACH OCCURS WITHIN THE REQUIRED 342FT SIGHT DISTANCE FOR LEFT TURN MOVEMENTS. FROM LOS OLIVOS AVENUE, A VEHICLE TURNING RIGHT FROM STANDISH DRIVE ONTO BOWDOIN ROAD, HEADING EASTBOUND MAY NOT BE VISIBLE OR PROVIDE SUFFICIENT REACTION TIME TO VEHICLES AT THE INTERSECTION.THIS PHOTO SHOWS THE CURRENT CONDITIONS FOR A VEHICLE AT THE APPROACH OF LOS OLIVOS AVENUE, LOOKING WESTBOUND ON NATICK AVENUE AND BOWDOIN ROAD, PURSUANT TO CONDITION C AND D, PARAGRAPH FIVE OF SECTION 2.07 OF THE CALIFORNIA MUTCD, THE INTERSECTION OF BOWDOIN ROAD AND LOS OLIVOS AVENUE QUALIFIES FOR ALL WAY STOP CONTROL BASED ON THE CORNER SIGHT DISTANCE CONDITIONS. THE TRAFFIC SAFETY COMMITTEE VOTED TO SUPPORT STAFF'S RECOMMENDATION TO INSTALL AN ALL WAY STOP CONTROL AT THE INTERSECTION AT ITS MAY 14TH, 2025 MEETING. THIS SAME INTERSECTION WAS PREVIOUSLY ANALYZED BY STAFF AND CONSIDERED BY THE TRAFFIC SAFETY COMMITTEE. IN JANUARY OF 2021. DATA COLLECTED AT THAT TIME WAS IN DECEMBER 2020, AND ALSO DID NOT WARRANT A STOP CONTROL BASED ON THE SHOULD CRITERIA. THE STAFF REPORT AT THAT TIME DID RECOGNIZE A POSSIBILITY OF SIGHT DISTANCE AS AN ISSUE. HOWEVER, ULTIMATELY THE TRAFFIC SAFETY COMMITTEE DID NOT APPROVE AN ALWAYS STOP AT THIS INTERSECTION DUE TO COVID PROTOCOLS IN PLACE. I BELIEVE THEIR FIELD OBSERVATIONS AT THAT TIME SHOWED REDUCED TRAFFIC COMPARED TO NOW. THE ISSUES AT THIS INTERSECTION AND THE CONCERN FROM THE RESIDENTS PERSISTED, AND STAFF NOW SEES THIS AS A TRAFFIC SAFETY IMPROVEMENT THAT CAN BE IMPLEMENTED. STAFF IS RECOMMENDING THE CITY COUNCIL APPROVE THE RESOLUTION FOR INSTALLATION OF AN ALL WAY STOP CONTROL AT THE BOWDOIN ROAD LOS OLIVOS AVENUE INTERSECTION. THIS ENDS MY PRESENTATION. I'M HAPPY TO ANSWER ANY QUESTIONS.
WE ALSO HAVE ZACHARY MCFADDEN, OUR TRAFFIC ENGINEERING CONSULTANT WITH KIMLEY-HORN, HERE FOR QUESTIONS. THANK YOU. TRACY. WE DO HAVE ONE SPEAKER, BERNIE GUZMAN. HOW DO WE IMPROVE ON THAT? SO BEFORE TRACY GOT INVOLVED IN THE TRAFFIC SAFETY COMMUNITY GOT INVOLVED, I HAD MY NEIGHBORS ON BOWDOIN, HAD HAD MADE IT CLEAR TO ME, AND I WAS SOMEWHAT AWARE OF IT, THAT THAT THE TRAFFIC FLOW ON BOWDOIN IS JUST WAY TOO FAST, PARTICULARLY IN THE MORNING WHEN SCHOOL IS STARTING. THERE ARE THERE ARE CARS THAT ZIP UP BOWDOIN OVER TO FLORAL AT 40, 50 MILES AN HOUR. IT'S JUST IT'S UNMANAGEABLE. SO BECAUSE OF THESE CONCERNS OF MY NEIGHBORS, WE ENGAGED A TRAFFIC CALMING PROCESS ASSISTED BY TRACY BEACH. THERE WERE ISSUES WITH WITH CERTAIN RULES. I DID CONDUCT A SURVEY OF 80% OF THE PEOPLE ON BOWDOIN. THEY ALL WANTED SOMETHING TO BE DONE, EITHER EITHER CONES OR OR EDGE LINE STRIPING, OR TRAFFIC CIRCLE OR A STOP SIGN. SO WHAT? WHAT THE TRAFFIC CALMING COMMITTEE, WHAT THE TRAFFIC CONTROL COMMITTEE RECOMMENDS IS SOMETHING THAT WE WOULD ALL LIKE TO SEE THAT LIVE OFF OF THAT STREET. SO PLEASE APPROVE. THANK YOU. THANKS, TRACY. THANKS, BERNIE. THAT CONCLUDES OUR SPEAKERS COUNCIL. COUNCIL MEMBER MAEDA, LET'S START WITH YOU. THIS TIME, I ONLY RECEIVED ONE EMAIL IN OPPOSITION TO THIS AND THE REST OF THE FEEDBACK THAT I GOT, BECAUSE I HAVE SOME FRIENDS AT THAT INTERSECTION AS WELL. IT WAS OVERWHELMINGLY IN SUPPORT FOR THE STOP SIGNS.
THEY WERE VERY EXCITED TO JUST HAVE SOMETHING TO SLOW DOWN THE TRAFFIC, SO I MOVED TO ADOPT THIS RESOLUTION. THANK YOU. COUNCIL MEMBER PIKUS I WILL SECOND, BUT IN THE MEANTIME, I WAS LOOKING THROUGH THE REPORT AND YOU HAD POINTED OUT THAT THE 85TH PERCENTILE SPEED WAS 31MPH IN A 25 ZONE. SO I'M ASSUMING THE MEDIAN SPEED WAS PROBABLY ALSO OVER 25MPH. DO YOU HAVE WHEN YOU DID YOUR TRAFFIC STUDY? DO YOU HAVE A NUMBER FOR THAT OR. OR? I GUESS THE POINT I WAS MAKING IS I WAS HOPING THE STOP SIGN WILL BRING THAT NUMBER DOWN A BIT. SO I'M
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I'M IN FAVOR OF THIS. SO THANKS. THANK YOU. DEPUTY MAYOR DAVE, I THINK THIS IS A GREAT IDEA. I THINK IT'S A GREAT EXAMPLE OF THE PROCESS WORKING WHEN PEOPLE NEED TO MAKE SOME CHANGES, YOU KNOW, THEY TAKE IT TO THE TSC. THINGS HAPPEN. YEAH. BERNIE, GOOD ON YOU FOR GETTING YOUR NEIGHBORS TOGETHER, GOING THROUGH THE PROCESS THE WAY IT'S MEANT TO BE GONE THROUGH, YOU KNOW, GETTING SOME CONSENSUS THERE, BRINGING IT TO THE COMMITTEE, TRUSTING THE COMMITTEE'S WORK AND THEN SUPPORTING THE COMMITTEE'S WORK. I WILL ISSUE ONE WARNING IN ADVANCE THAT THERE WILL UNDOUBTEDLY BE SOME TRAFFIC ENFORCEMENT DOWN THERE, AND SOME TICKETS WRITTEN, AND I CAN GUARANTEE YOU THEY'RE GOING TO BE ALL PEOPLE FROM THE NEIGHBORHOOD. SO BE CAREFUL WHAT YOU ASK FOR. BUT I THINK IT'S A GOOD THING. THANK YOU, THANK YOU. SO WE HAVE A MOTION FROM COUNCIL MEMBER MAEDA TO ADOPT THE RESOLUTION APPROVING ALL WAY STOP CONTROL AT THE INTERSECTION OF BOWDOIN AND LOS OLIVOS AVENUE. A SECOND BY COUNCIL MEMBER PIKUS. THIS IS A ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER. MEAD COUNCIL MEMBER. PIKUS I DEPUTY MAYOR I MAYOR VOS. AYE. ITEM PASSES.[12. Set Public Hearing for Proposed Five-Year Water, Recycled Water, and Wastewater Rates ]
ITEM NUMBER 12 SENT PUBLIC HEARING FOR PROPOSED FIVE YEAR WATER, RECYCLED WATER AND WASTEWATER RATES. DIRECTOR OF FINANCE GREG SCHMOLLINGER WILL PRESENT THE ITEM ALONG WITH A POWERPOINT PRESENTATION. GREG, TAKE IT AWAY. ALL RIGHT. THANK YOU. MAYOR AND MEMBERS OF THE COUNCIL, AS MENTIONED TONIGHT, I'LL BE PRESENTING THIS ITEM ON WATER AND WASTEWATER RATES, INCLUDING THE UNDERLYING COST OF SERVICE STUDY THAT RESULTED IN THE REVENUE RECOVERY REQUIREMENTS FOR EACH OF THESE SERVICES. JUST WANTED TO BE CLEAR THAT TONIGHT'S REQUESTED ITEM IS NOT TO VOTE ON RATE ADJUSTMENTS, RATHER, IS TO SET THE PUBLIC HEARING TO CONSIDER RATE ADJUSTMENTS ON JANUARY 20TH, 2026. SHOWN ON THIS FIRST SLIDE ARE THE KEY COMPONENTS THAT GO INTO THE RATE SETTING PROCESS FOR WATER AND SEWER SERVICES. SO YOU'LL SEE FOR BOTH WATER AND WASTEWATER SERVICES. THAT INCLUDES LOOKING AT THE RESIDENTIAL RATE STRUCTURE OPTIONS, WHICH IS PART OF THE RATE DESIGN PROCESS, LOOKING AT RECOMMENDED CHANGES, WHICH IS THE COST OF SERVICE PROCESS, AND THEN BAKING THOSE INTO PROPOSED RATES FOR EACH SERVICE TYPE, WHICH IS BAKED INTO THE FINANCIAL PLAN. AND THEN WE'LL GO OVER THE TIMELINE AT THE END OF THE PRESENTATION. BUT I DID WANT TO BRIEFLY MENTION THAT BOTH THE WATER AND WASTEWATER SERVICES ARE IN WHAT'S CALLED ENTERPRISE FUNDS. SO BRIEFLY, THOSE FUNDS ARE DESIGNED TO BE SELF-SUFFICIENT BUSINESS TYPE UNITS WHERE RATES, CHARGES AND FEES FROM PROVIDING THOSE SERVICES ARE INTENDED TO WHOLLY PROVIDE FOR THOSE SERVICES. THE CITY HAS FINANCIAL POLICIES IN PLACE, PREVENTING SUBSIDIZING THE ENTERPRISE FUNDS BY THE GENERAL FUND. THAT'S NOT A UNIQUE THING TO POWAY. THAT'S PRETTY MUCH INDUSTRY STANDARD FOR GOOD REASON, WHICH POWAY CERTAINLY FOLLOWS AS WELL. ALL RIGHT. SO THE FIRST STEP WE'RE GOING TO GO THROUGH IS THE RATE SETTING PROCESS. AFTER GOING THROUGH A COUPLE OF HIGHLIGHTS FOR THE WATER INFRASTRUCTURE THAT'S IN THE GROUND AND UTILIZED DAILY TO PROVIDE SAFE, RELIABLE SERVICES TO CUSTOMERS ON DEMAND. SO AS SHOWN, POWAY RECEIVES ALMOST 100% OF THE WATER THAT WE THAT WE GET AND TREAT AND SEND OUT TO CUSTOMERS FROM THE SAN DIEGO COUNTY WATER AUTHORITY. THE REMAINING SMALL SLIVER COMES FROM RAIN, WHICH WE DON'T GET A TON OF HERE, BUT SOME OF THAT GOES INTO LAKE POWAY, AND THEN THE REST OF THE SYSTEM INCLUDES 319 MILES OF TRANSMISSION AND DISTRIBUTION PIPELINES, ALMOST 8900 WATER VALVES, 22 PRESSURE STATIONS AND 15 PUMP STATIONS, WHICH ARE AS SHOWN ON HERE, DESIGNED TO INCREASE THE PRESSURE TO GET TO HIGHER ELEVATION SERVICE LOCATIONS. 19 RESERVOIRS, INCLUDING LAKE POWAY, WHICH HOLDS 1 BILLION GALLONS OF WATER, 124 MILLION GALLON PER DAY WATER TREATMENT PLANT.ALMOST 2900 FIRE HYDRANTS AND APPROXIMATELY 60,000 WATER TESTS ANNUALLY. AND THOSE ARE TO ENSURE THE THE WATER THAT POWAY SERVES MEET OR EXCEEDS THE STATE OR THE FEDERAL AND STATE GUIDELINES FOR WATER QUALITY. AND JUST TO KIND OF TIE BACK TO AN EARLIER ITEM ON CONSENT, WHICH WAS THE AWARD OF AN AGREEMENT FOR POTABLE WATER ANALYTICAL LABORATORY SERVICES.
SO IT'S KIND OF GOING FULL CIRCLE HERE ON THIS ONE ONE AGENDA. ALL RIGHT. SO LOOKING AT THE RATE SETTING FRAMEWORK, POWAY LIKE MANY AGENCIES, FOLLOWS BEST PRACTICES IN
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UTILIZING A THIRD PARTY CONSULTANT AS EXPERTS IN THE FIELD OF WATER WATER RATE SETTING AND SEWER RATE SETTING IN CALIFORNIA. SO RAF TELUS FINANCIAL CONSULTANTS HAS BEEN IN THE UTILITY RATE SETTING ENVIRONMENT IN CALIFORNIA FOR OVER 30 YEARS, INCLUDING SIGNIFICANT WORK WITH THE CITY OF POWAY FOR PREVIOUS STUDIES. LINDSAY ROTH, SENIOR CONSULTANT FROM RAF TELUS, IS PRESENT TONIGHT. SHE'S SITTING RIGHT OVER HERE AND SHE ASSISTED WITH THE RATE, DESIGN AND COST OF SERVICE PROCESS WITH OTHER RAF CONSULTANTS AS WELL. AND SHE'S HERE TO ANSWER ANY QUESTIONS SHOULD THERE BE ANY ON THAT RATE DESIGN AND CALCULATION PROCESS. SOME OF THE OBJECTIVES HERE OF THE RATE SETTING PROCESS INCLUDE COMPLYING WITH THE LEGAL PARAMETERS HERE IN CALIFORNIA, INCLUDING PROPOSITION 218 AND OTHER STATUTES, WHICH WE'LL TALK OVER IN A FEW SLIDES HERE. UPDATING DATA ON CURRENT CUSTOMER USAGE DEMANDS, WHICH WE HAVEN'T DONE FOR AN ENTIRE COST OF SERVICE STUDY SINCE 2020, ENSURE WE HAVE SUFFICIENT FUNDING TO MEET THE OPERATIONAL NEEDS OF EACH ENTERPRISE AND PROVIDE DIFFERENT RATE SETTING OPTIONS FOR CONSIDERATION AS WELL. ALL RIGHT, SO LOOKING AT THE STEPS IN CONDUCTING A RATE STUDY KIND OF STARTS AT THE SMALL END ON THE LEFT THERE OF THIS ARROW IS THE RATE SETTING FRAMEWORK. AND THAT'S LOOKING AT YOUR PRICING OBJECTIVES. SO IT'S BASICALLY THE REVENUE YOU NEED TO RECOVER TO PROVIDE ALL THOSE SERVICES. THE FINANCIAL GOALS AND POLICIES OF THE ENTITY AND STATEWIDE FROM THERE, THOSE ARE BAKED INTO THE FINANCIAL PLAN, WHICH INCLUDES O&M OR OPERATIONS AND MAINTENANCE, KIND OF THE DAILY EXPENSES TO RUN EACH OF THOSE ENTERPRISES. THE CIP, THE CAPITAL IMPROVEMENT PROGRAM, EVALUATING THAT AND LOOKING AT FINANCE OPTIONS FOR EACH OF THOSE MAJOR INFRASTRUCTURE PROJECTS, WHICH COULD INCLUDE CASH OR RATE FINANCING, DEBT FINANCING, OR SOME GRANT FUNDING AS WELL, AND THEN LOOKING AT A CASH FLOW ANALYSIS TO MAKE SURE THAT, YOU KNOW, BLIPS IN THE RADAR THAT INCREASE COSTS ONE YEAR OR REDUCE IN A FUTURE YEAR, YOU STILL HAVE ENOUGH CASH TO MEET YOUR OBLIGATIONS GOING FORWARD AS WELL. ALL THOSE FIGURES ARE BAKED INTO THE COST OF SERVICE STUDY, WHICH GO INTO YOUR RATE DESIGN. SO FROM THERE YOU ALLOCATE YOUR COST AND THEN ACTUALLY GO INTO THE RATE DESIGN PROCESS, WHICH IS INTENDED TO CALCULATE WHAT THE RATES NEED TO BE TO RECOVER THOSE COSTS, AND THEN LOOK AT WHAT THE IMPACT WOULD BE TO CUSTOMERS UNDER THOSE PROPOSED RATES. AND THEN FINALLY IS THE FINAL RATE ADOPTION PROCESS, WHICH INCLUDES THE REPORT, WHICH IS INCLUDED HERE AS AN ATTACHMENT ATTACHMENT B TO THIS AGENDA ITEM. THE PROPOSITION 218 NOTICE, WHICH IS INCLUDED AS A DRAFT ATTACHMENT HERE AS WELL. AND THEN THE PUBLIC HEARING, WHICH WE'RE ASKING TO BE SET FOR JANUARY 20TH, 2026.AND LOOKING AT THE FINANCIAL PLAN, THIS IS JUST A GRAPHICAL REPRESENTATION. WHAT HAVE ALREADY KIND OF TALKED ABOUT IS LOOKING AT YOUR EXISTING REVENUES, LOOKING AT YOUR EXISTING EXPENSES IN YOUR ADOPTED BUDGET FOR FISCAL YEAR 2526, FORECASTING THOSE OUT, CONSIDERING YOUR EXISTING POLICIES ON RESERVES AND SO FORTH, AND THOSE BAKE INTO YOUR LONG RANGE FINANCIAL PLAN. ALL RIGHT. FROM THERE, WITH THE COST OF SERVICE STUDY OR WITH THE COST OF SERVICE COMPONENT, YOU'RE LOOKING AT THE REVENUE REQUIREMENTS TO MEET EACH OF THOSE OBLIGATIONS, ALLOCATING THOSE FOR EACH SERVICE TYPE, INCLUDING SUPPLY COSTS GENERALLY FROM THE COUNTY WATER AUTHORITY OR FOR ENERGY COSTS. TREATMENT TO ACTUALLY TREAT WATER, AND THEN THE DISTRIBUTION COMPONENT THROUGH EACH OF THOSE APPURTENANCES THAT WE MENTIONED, A FEW SLIDES BACK FROM THERE. THOSE COSTS ARE DISTRIBUTED BASED ON CERTAIN CHARACTERISTICS TO EITHER THE BASE COST OF PROVIDING SERVICE, EXTRA CAPACITY FOR THOSE LARGER VOLUME CUSTOMERS, AND THEN TO THE CUSTOMER COMPONENT, WHICH DON'T CHANGE BASED ON VOLUME OF WATER USED. THOSE ARE MORE CUSTOMER SERVICE BASED COST.
AND THEN FROM THERE, THE CUSTOMER OR THE COST OF SERVICE BY CUSTOMER CLASS, WHICH WE'LL GO OVER IN A LITTLE BIT IN A COUPLE OF SLIDES, MOVING FROM A TIER TO A UNIFORM RATE STRUCTURE. AND THE REASONS BEHIND THAT, AND THEN THE RECYCLED WATER RATE AS WELL.
ALL RIGHT. FROM THERE. THOSE COSTS ARE SEPARATED OUT HERE TO RECOVER THAT REVENUE NEEDED TO OPERATE EACH OF THOSE ENTERPRISES AS EITHER A VARIABLE COST. SO THAT'S YOUR COMMODITY RATE BASED ON HOW MUCH WATER A CUSTOMER USES OVER BI MONTHLY BILLING PERIOD, OR YOUR FIXED CHARGE BASED ON METER SIZE, WHICH ARE KIND OF MORE TO THE RIGHT SIZE BASED ON PARTIAL EXTRA CAPACITY, METER MAINTENANCE, AND CUSTOMER SERVICE COSTS. ALL RIGHT. SO WE
[01:20:07]
CERTAINLY NEED TO ENSURE THAT WE ARE IN COMPLIANCE WITH THE LEGAL REQUIREMENTS HERE IN CALIFORNIA. THOSE UNDER THE COST OF SERVICE PRINCIPLE FALL UNDER THOSE VARIOUS PROVISIONS OF THE CALIFORNIA CONSTITUTION, INCLUDING PROPOSITION 218, WHICH PASSED IN 1996 AS KNOWN AS THE RIGHT TO VOTE ON TAXES ACT, AND THAT SETS PROCEDURES FOR ADOPTING RATES AND CHARGES INCIDENTAL TO PROPERTY OWNERSHIP, INCLUDING NOTICING PROTEST OPTIONS AND IMPLEMENTATION REQUIREMENTS. IN 2010, IN CALIFORNIA, PROPOSITION 26 PASSED, WHICH IS ESSENTIALLY A PROPORTIONALITY LEGISLATIVE MEASURE TO ENSURE RATES IMPOSED, CARRY OUT, OR INTENDED ARE IN PROPORTION TO THE REASONABLE COST OF PROVIDING SERVICE TO EACH OF THOSE PARCELS SERVED. AND THEN LASTLY, I'LL GO OVER THIS AGAIN IN A FEW MINUTES. BUT MAKING SURE WE'RE IN COMPLIANCE WITH SOME LOCAL COURT CASES THAT CHALLENGE TIERED WATER RATES HERE IN SAN DIEGO COUNTY. ALL RIGHT. SO THE INDIRECT COST ALLOCATION PLAN UPDATE WAS IN ORIGINALLY IN THE FINANCE DEPARTMENT WORK PLAN LAST FISCAL YEAR. FISCAL YEAR 2024 2025. SO AT THAT POINT A AWARD OF CONTRACT WAS ISSUED TO A THIRD PARTY EXPERT TO ASSIST US WITH THIS PROCESS. STAFF'S BEEN WORKING ON THAT FOR A LITTLE OVER A YEAR NOW. AND WHAT A COST ALLOCATION PLAN DOES IS IT SPREADS THE COST OF INTERNAL SERVICES TO ENTERPRISES AND FUNDS THAT BENEFIT FROM THOSE SERVICES. SO THOSE INCLUDE THINGS LIKE FINANCE, HUMAN RESOURCES, INFORMATION TECHNOLOGY, CITY COUNCIL, CITY MANAGER'S OFFICE, CITY CLERK AND SO ON. SO THIS HAS A PRETTY SIGNIFICANT BENEFIT TO ALL AREAS OF OPERATION IN THAT INSTEAD OF, FOR INSTANCE, WATER SERVICES PAYING FOR 100% OF A FINANCE DEPARTMENT AND 100% OF A HUMAN RESOURCES DEPARTMENT AND CITY MANAGER'S OFFICE AND GOVERNING BOARD, THEY PAY THEIR PROPORTIONAL SHARE WHERE SEWER PAYS THE SAME THING, DRAINAGE PAYS THE SAME THING, AND SO ON.SO YOU'RE JUST PAYING FOR A COMPONENT OF THAT EXPERTISE WITHIN EACH OF THOSE AREAS.
THERE'S OTHER CITIES WHERE YOU HAVE DIFFERENT SERVICE PROVIDERS FOR WATER, FOR SEWER, FOR DRAINAGE AND SO ON, WHERE THEIR COSTS TEND TO BE A LOT HIGHER FOR THESE SERVICES BECAUSE THEY DON'T REALIZE THE BENEFIT OF THOSE PROPORTIONAL COSTS. THEY PAY THE FULL COST FOR EACH OF THOSE BECAUSE THEY HAVE DIFFERENT BOARDS AND DIFFERENT GOVERNANCE STRUCTURES.
SO AS CALLED OUT IN THE CURRENT YEAR, FISCAL YEAR 2526 BUDGET, THE RESULTS OF THIS DRAFT FINAL COST ALLOCATION PLAN UPDATE ARE BEING UTILIZED IN THE COST OF SERVICE STUDY FOR BOTH THE WATER AND WASTEWATER ENTERPRISES. THE IMPACT TO THE WATER ENTERPRISE IS NEGLIGIBLE.
IT'S LESS THAN $10,000 DIFFERENCE BETWEEN THE OLD RATE MODEL WITH UPDATED FIGURES AND THE NEW RATE MODEL BASED ON NEW METRICS. SO THAT KIND OF INDICATES WE WERE DOING THINGS KIND OF IN LINE, EVEN THOUGH WE HAVE UPDATED METRICS TO TO DEFEND THE UPDATED METHODOLOGY THERE, THERE WAS A BIT OF A REDUCTION IN COST IN THE SEWER ENTERPRISE, AND YOU'LL SEE THE BENEFITS OF THAT A LITTLE LATER IN THE PRESENTATION. ALL RIGHT. RESERVES, I'M NOT GOING TO BORE EVERYONE WITH GOING THROUGH EVERY DETAIL HERE, BUT RESERVES ARE NEEDED FOR A LOT OF BENEFICIAL REASONS FOR AN AGENCY. IN SHORT, THEY HELP BRIDGE THE GAP. IF THERE ARE REVENUE REDUCTIONS FROM SEASONALITY OF, SAY, WATER USE DURING WINTER TIMES, YOU WANT TO MAKE SURE YOU HAVE RESERVES TO KIND OF BRIDGE THE GAP. THERE OFFSET LOSSES FROM LOWER THAN EXPECTED SALES. IF THERE'S A LONG TERM DROUGHT OVER MULTIPLE YEARS TO PAY FOR SHORT TERM SPIKES IN CAPITAL IMPROVEMENT, PROGRAM SPENDING, AND SO ON. THESE RESERVES ARE SHOWN IN ACTION ON SLIDE 23. A LITTLE LATER IN THE PRESENTATION ON THE SLIDE TITLED FINANCIAL PLAN POLICIES WHERE THE FISCAL YEAR 2029 FUND BALANCE FOR THE WATER ENTERPRISE DROPS CLOSER TO THE MINIMUM RESERVE THAN THE TARGET RESERVE FOR THAT ONE YEAR PERIOD. SO I WANT TO THROW A SHOUT OUT TO COUNCIL MEMBER PIKUS, WHO ASKED A GREAT QUESTION ON THIS, WITH KIND OF A ONE YEAR DIP IN THE RESERVE LEVELS FOR FISCAL YEAR 2029.
AND WHAT THAT DOES IS HIGHLIGHT HOW RESERVES CAN MITIGATE ISSUES IN KIND OF ONE YEAR SPIKES IN SPENDING WITHOUT NEEDING TO GO FORWARD WITH A ONE YEAR LARGE ADJUSTMENT TO WATER OR SEWER RATES. ALL RIGHT. SHOWN ON THIS SLIDE HERE. WE'VE HEARD SOME COMMENTS ABOUT THE OVERALL COSTS OF SALARY AND BENEFITS TO EACH OF THESE SERVICE AREAS. SO AS SHOWN IN THE TOP BULLET HERE FOR WATER SERVICES, THE CURRENT YEAR BUDGET HAS ABOUT JUST OVER $46
[01:25:03]
MILLION IN EXPENSES. SALARY AND BENEFIT COSTS ARE UNDER 3.6 MILLION OF THAT, WHICH MAKES UP LESS THAN 8% OF THE COST OF PROVIDING WATER SERVICE, WHICH IS A PRETTY LOW NUMBER. AND IF YOU GO A LITTLE FURTHER, WE'VE HEARD SOME COMMENTS ABOUT CITY COUNCIL COSTS TO BOTH THE WATER AND WASTEWATER ENTERPRISES. SO AS A PERCENTAGE OF COST, CITY COUNCIL COSTS MAKE UP LESS THAN ONE TENTH OF 1% OF THE COST OF PROVIDING WATER SERVICE GOING TO WASTEWATER. I ALMOST HAD TO GO OUT ANOTHER DECIMAL POINT HERE, BUT IT'S LESS THAN A 20TH OF 1% OF THE COST OF PROVIDING WASTEWATER SERVICE. SO IT'S A VERY SMALL NUMBER THAT WE'RE TALKING ABOUT HERE. ALL RIGHT.LOOKING A LITTLE MORE INTO THE WATER RATE STRUCTURE WITH THE RATE DESIGN, AS MENTIONED, WE ARE ARE PROPOSING TO MOVE AWAY FROM THE CURRENT TIERED AND VARIABLE WATER RATE STRUCTURE FOR THE VOLUMETRIC RATE AND MOVING TOWARDS A UNIFORM VOLUMETRIC RATE, WHICH WOULD BE THE SAME VOLUMETRIC RATE FOR ALL CLASS OF CUSTOMERS EXCEPT FOR RECYCLED WATER CUSTOMERS.
OF COURSE, THOSE RECYCLED WATER CUSTOMERS ARE GOING TO PAY BASED ON THEIR COST OF SERVICE, WHICH THE WHOLESALE WATER COMES FROM A DIFFERENT ENTITY. THE CITY OF SAN DIEGO, WHO RECENTLY PASSED A 22.5% INCREASE TO THE CITY OF POWAY IN ALL INDICATIONS ARE THAT WILL INCREASE FOR THE NEXT SEVERAL YEARS AS WELL. AND WHAT WE'RE PROPOSING IS A FIVE YEAR RATE CYCLE. SO THAT WOULD ADOPT RATES FOR CALENDAR YEAR 2026 AND GO THROUGH CALENDAR YEAR 2030. WE'VE ALSO INCLUDED FOR THE FIRST TIME HERE IN POWAY IS A PROPOSAL FOR WHAT'S CALLED A PASS THROUGH PROVISION. WHAT THOSE ARE IS THERE A SPECIFIC. AUTHORITY THAT IS GRANTED BY THE CALIFORNIA GOVERNMENT CODE SECTION, APPROVED IN 2009? THAT'S SECTION 53756. WHAT THAT ALLOWS RETAIL AGENCIES TO DO IS TO AUTOMATICALLY PASS THROUGH THOSE WHOLESALE COST ADJUSTMENTS FROM THE WHOLESALE SERVICE PROVIDER WITH 30 DAY WRITTEN NOTICE TO CUSTOMERS PROVIDED BEFORE THOSE RATE ADJUSTMENTS TAKE EFFECT. AS SHOWN, THIS IS THE BEST PRACTICE. IT'S IMPLEMENTED BY ALMOST EVERY ONE OF THE WATER PROVIDERS HERE IN SAN DIEGO COUNTY, 21 TO 23 WITH US, IF THIS IS APPROVED, WOULD BE 22 OF 23, WHICH IS CITY OF SAN DIEGO BEING THE OUTLIERS THERE IN THE ENTIRE COUNTY. WHAT THE PROPOSAL IS, IS FOR THESE TO BE EFFECTIVE FOR WHOLESALE RATES IMPLEMENTING THROUGH THE END OF THE STUDY PERIOD, WHICH WOULD BE THROUGH 2030, AND THESE WOULD BE EFFECTIVE FOR WHOLESALE WATER PURCHASE COSTS FROM THE COUNTY. THE SAN DIEGO COUNTY WATER AUTHORITY FOR WHOLESALE RECYCLED WATER PURCHASE COSTS FROM THE CITY OF SAN DIEGO, AND FOR WHOLESALE WASTEWATER TREATMENT AND DISPOSAL COSTS FROM SAN DIEGO METRO JOINT POWERS AUTHORITY. ALL RIGHT, LOOKING AT A COUPLE OF THE MAJOR COST DRIVERS FOR WATER SERVICES, BY FAR THE LARGEST ONE IS THE SAN DIEGO COUNTY WATER AUTHORITY FOR WHOLESALE WATER PURCHASES. MAKES UP OVER 60% OF OUR TOTAL COST TO OPERATE THE WATER ENTERPRISE, ALONG WITH PUMPING COSTS. SO THOSE WOULD BE GENERALLY ENERGY COSTS FROM SAN DIEGO GAS AND ELECTRIC. ALSO IS THE CAPITAL IMPROVEMENT PLAN. I KNOW ERIC AND HIS TEAM HAVE DONE A GREAT JOB AT PRESENTING ON THE WATER INFRASTRUCTURE IMPROVEMENT PROGRAM, WHICH IS THE LARGEST SET OF CIP PROJECTS IN POWAY'S HISTORY, AND RIGHTFULLY SO. THEY HAVE A TANGIBLE IMPACT HERE, BUT THERE'S ALSO A SIGNIFICANT AMOUNT OF OTHER CAPITAL IMPROVEMENT PROGRAM PROJECTS THAT GO INTO THE COST OF PROVIDING SERVICES AS WELL. SO AS PART OF THIS PROCESS, PUBLIC WORKS DID A GREAT JOB AT UPDATING A TEN YEAR CIP PROJECT LIST, WHICH WAS DEVELOPED AS PART OF THIS PROJECT WHERE INFRASTRUCTURE UPGRADES, REPLACEMENTS AND REPAIRS HAVE BEEN IDENTIFIED TO ENSURE THE ONGOING SUSTAINABILITY OF THE SYSTEM. CERTAINLY, OPERATIONS AND MAINTENANCE COSTS ARE INCLUDED IN THE RATE STRUCTURE AS WELL. AND THEN WE HAVE LEGAL DEBT COVENANTS AND PAYMENTS THAT WE NEED TO MAKE AS WELL AS PART OF THE WATER REVENUE BONDS FROM 2021 TO 2023. ALL RIGHT.
SO THOSE ARE THE RATE DRIVERS. WE HAVE SOME RATE SUPPRESSION EFFECTS THAT WE'VE BAKED IN AS WELL. SO A COUPLE OF KUDOS HERE FOR THE CITY. ONE OF THOSE IS THE WATER RATE PASS THROUGH FROM THE COUNTY WATER AUTHORITY, WHICH COUNCIL APPROVED EFFECTIVE FOR CALENDAR YEAR 2025. SO IF NOT FOR THAT INCREASE TO ACCOUNT FOR THE LARGER INCREASE IN WATER PURCHASE COSTS FROM COUNTY WATER AUTHORITY BEYOND WHAT WE HAD FORECAST, THE RATE ADJUSTMENTS WE WOULD BE PROPOSING HERE TO MEET OUR REQUIREMENTS WOULD HAVE BEEN SIGNIFICANTLY HIGHER. ALSO INCLUDED IN THE ADOPTED BUDGET IS THE USE OF OVER $4.5 MILLION
[01:30:08]
OF CONNECTION FEE REVENUES. SO WHAT THOSE ARE ARE WHEN NEW DEVELOPMENTS COME TO TOWN, THEY APPEAR PROPORTIONAL SHARE TO BUY INTO THE EXISTING WATER SYSTEM. SO THIS OFFSETS RATE REVENUE NEEDED TO PROVIDE THOSE SERVICES FOR SPECIFIC CIP PROJECTS. WE'VE ALSO RECEIVED SOME GRANT FUNDING TO PAY FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS AS WELL. OVER THE RATE STUDY PERIOD, THERE ARE NO NEW OR INCREASED WATER FUNDED POSITIONS BEING FORECAST OVER THAT PERIOD. ALSO WANT TO WANT TO THROW A KUDOS FOR THE MOU, THE MEMORANDUM OF UNDERSTANDING THAT WAS APPROVED WITH THE RAMONA MUNICIPAL WATER DISTRICT, WHICH CERTAINLY HAS A RATE SUPPRESSION EFFECT OPPORTUNITY IN THE FUTURE AS WE FURTHER DEVELOP THAT RELATIONSHIP TO SELL TREATED WATER TO RAMONA, WHICH COULD HELP OFFSET SOME OF OUR COSTS AS WELL, AND BENEFIT POWAY RATEPAYERS. AND THEN LASTLY, EVEN THOUGH THERE'S NOT A LOT WE CAN DO FOR COUNTY WATER AUTHORITY, RATES IN OUR HANDS ARE TIED, I DO WANT TO NOTE THAT PUBLIC WORKS DIRECTOR ERIC HEIDEMANN DOES SIT ON THE COUNTY WATER AUTHORITY BOARD AND HAS CERTAINLY HAVE A A VOTING TRACK RECORD IN HIS BEST INTEREST BY VOTING AGAINST THE PROJECT LABOR AGREEMENTS. AND THOSE CAN CERTAINLY ADD A SIGNIFICANT COST TO PROJECTS THE COUNTY WATER AUTHORITY IS MOVING FORWARD ON. AND THOSE COSTS INHERENTLY ARE PASSED DOWN TO RETAIL AGENCIES SUCH AS POWAY. SO WE'RE DOING WHAT WE CAN TO HELP CONTROL THOSE COSTS AS WELL. OKAY, SO I'VE MENTIONED THIS A FEW TIMES ALREADY AND I'LL PROBABLY BE DONE WITH IT AFTER THIS ONE HOPEFULLY. BUT WE ARE RECOMMENDING MOVING FROM A TIERED WATER TIERED WATER STRUCTURE THAT GRADUATES IN COST AS YOU MOVE UP THE TIER LADDER AND USE MORE WATER OVER BIMONTHLY PERIOD TO A UNIFORM VOLUMETRIC RATE. AND THIS IS IS IN PART IN RESPONSE TO RECENT COURT RULINGS HERE IN SAN DIEGO COUNTY THAT HAVE SUCCESSFULLY CHALLENGED THE LEGAL VIABILITY OF TIERED VOLUMETRIC WATER RATES, THE CALIFORNIA SUPREME COURT DECLINED TO TAKE UP AN APPEAL OF THOSE. SO ESSENTIALLY, THEY'RE DONE, AND THOSE ARE MOVING FORWARD. SO AGAIN, THE CITY IS IS MOVING FORWARD TO THAT UNIFORM VOLUMETRIC RATE STRUCTURE AS A MORE EQUITABLE AND DEFENSIBLE STRUCTURE, WHILE ALSO AFFIRMING THAT OUR CURRENT RATES ARE BEING COMPLIANT WITH PROPOSITION TWO EIGHTEENS COST OF SERVICE PRINCIPLES. OKAY, SO THIS SLIDE SHOWS THE POWAY WATER REVENUE ADJUSTMENTS. AND THESE ARE JUST THE CITY OF POWAY CONTROLLED COSTS. SO YOU'LL SEE THAT'S 4.1% IN YEAR ONE AND THEN 4% FOR EACH OF YEARS TWO THROUGH FIVE. SO THIS ISN'T INTENDED TO BE A SLEIGHT OF HAND OR TRYING TO BE CUTE WITH THE NUMBERS HERE BY ANY MEANS. WE JUST WANTED TO STRICTLY SHOW AN APPLES TO APPLES OF WHAT POWAY CONTROLS, SO THERE'LL BE MORE HERE IN A SLIDE OR TWO. BUT WE THOUGHT IT WAS IMPORTANT TO SHOW THAT WHAT POWAY CONTROLS TO MEET ALL OF OUR OPERATING AND MAINTENANCE COSTS, CAPITAL IMPROVEMENT COSTS, DEBT COVENANTS, RESERVE REQUIREMENTS AND SO ON, WE'RE LOOKING AT ADJUSTMENTS A LITTLE OVER OF WHAT WE'D ANTICIPATE FOR A CPI OR CONSUMER PRICE INDEX INFLATIONARY INCREASE YEAR OVER YEAR, GIVEN THE VOLATILITY OF THE SAN DIEGO COUNTY WATER AUTHORITY RATES YEAR OVER YEAR, ESPECIALLY IN RECENT YEARS, LIKE LAST YEAR WHEN WE HAD FORECASTED FOR 2025, IT WAS GOING TO BE A 6% INCREASE. IT WAS ACTUALLY 13.52% INCREASE. WE DID NOT FEEL CONFIDENT IN FORECASTING THOSE COSTS IN FUTURE OUT YEARS, WHICH IS PART OF WHY WE'RE PROPOSING A PASS THROUGH ORDINANCE AS WELL. SO NOW, LOOKING AT THE FIRST YEAR OF ADJUSTMENTS, AND THIS IS WHERE WE HAVE KNOWN COUNTY WATER AUTHORITY COST IMPACTS TO THE CITY OF POWAY. AND THOSE ARE SHOWN AS THE RED STACKED BAR IN THE TOP. AND THAT MAKES UP A 5.8% REVENUE ADJUSTMENT. AND THAT IS STACKED ON TOP OF THE 4.1% THAT I MENTIONED HERE ON THIS PREVIOUS SLIDE IN YEAR ONE, WHICH RESULTS IN AN ALL IN REVENUE ADJUSTMENT OF 9.9% FOR YEAR ONE. SO. LOOKING AT THE OUT YEARS OF WHAT'S INCLUDED IN THE PROPOSITION 218 NOTICE AND IN THE COST OF SERVICE STUDY IS WHAT'S SHOWN HERE AS FAR AS REVENUE ADJUSTMENTS. SO THESE WON'T BE DIRECT CUSTOMER IMPACTS, WHICH VARIED BASED ON VOLUME OF WATER USE AND CUSTOMER IMPACT AND SO ON. BUT AS FAR AS REVENUE ADJUSTMENTS, WE'RE LOOKING AT A 9.9% ADJUSTMENT IN YEAR ONE, A 4% ADJUSTMENT FOR EACH OF YEARS TWO THROUGH FIVE. BUT THESE DO[01:35:01]
NOT INCLUDE THE COUNTY WATER AUTHORITY ADJUSTMENTS THAT WOULD BE PASSED THROUGH IF APPROVED UNDER THE PROPOSAL FOR YEARS TWO THROUGH FIVE. OKAY, SO LOOKING AT THAT WATER FINANCIAL PLAN POLICY I MENTIONED A FEW MINUTES AGO, THIS SLIDE SHOWS IN BAR GRAPHICAL FORMAT WHERE POWAY'S RESERVES WOULD BE FOR EACH OF THE EACH YEAR OF THE STUDY PERIOD. SO THE PURPLE BAR REPRESENTS THE TARGET LEVEL RESERVES FOR EACH OF THE FIVE YEARS. THE ORANGE THE ORANGE LINE REPRESENTS THE MINIMUM RESERVE TOTALS AND WHAT THOSE REPRESENT FOR THE OPERATING FUND BALANCES IS A MINIMUM RESERVE OF 90 DAYS, OPERATING EXPENSES, AND A TARGET RESERVE OF 120 DAYS OF OPERATING EXPENSES. ON THE CAPITAL SIDE, THAT'S LOOKING AT A MINIMUM RESERVE OF 10% OF NET CAPITAL ASSETS. AND THEN IT'S CERTAINLY FACTORING IN MEETING OUR DEBT COVENANTS AND PAYMENTS AS WELL. AND I DO WANT TO MENTION THAT THESE ARE INDUSTRY LEVEL BEST PRACTICE RESERVE LEVELS THAT WE WORKED IN WITH RAFTILOSE. THESE ARE IN ALIGNMENT WITH THE AMERICAN WATER WORKS ASSOCIATION RESERVE LEVELS AS WELL. SO IT'S NOT SOME UNIQUE THING THAT'S WAY TOO HIGH OR WAY OUTSIDE THE REALM OF THE INDUSTRY BEST PRACTICES. AND IN FACT, CITY OF POWAY HAS ONE OF, IF NOT THE HIGHEST GENERAL FUND RESERVE LEVELS AT 45% OF OUR ANNUAL OPERATING EXPENSES. SO IF WE WERE TO DO THE SAME IN KIND OF MIRROR THAT FOR THE WATER AND SEWER ENTERPRISES, THE RATE ADJUSTMENTS WOULD BE SIGNIFICANTLY HIGHER TO THE DETRIMENT OF POWAY RATEPAYERS. SO IT'S KIND OF MEETING THAT SWEET SPOT OF MEETING OUR OBLIGATIONS, BUT NOT GOING TOO HIGH TO THE DETRIMENT OF RATEPAYERS. ALL RIGHT. SO LOOKING AT THE WATER FINANCIAL PLAN, I KIND OF LIKE THIS BAR CHART BECAUSE IT KIND OF SHOWS STACKED WHERE OUR COSTS COME IN FOR PROVIDING SERVICES FOR THE WATER ENTERPRISE. SO FOR EACH YEAR HERE OF THE WATER STATE, THE WATER RATE RATE STUDY PERIOD. EXCUSE ME, KIND OF THAT MEDIUM BLUE IS THE OPERATING EXPENSES GOING FROM ZERO UP TO 15 OR SO MILLION FOR EACH EACH YEAR. STACKED ON TOP OF THAT IN THE DARK BLUE IS THE WATER PURCHASE COSTS FROM THE COUNTY WATER AUTHORITY. YOU CAN SEE IT MAKES UP A SIGNIFICANT PORTION OF OUR COST. ON TOP OF THAT, IN THE LIGHT BLUE IS THE RATE FUNDED CAPITAL. SO THIS IS CASH FINANCE, CAPITAL IMPROVEMENT PROGRAM COST. ON TOP OF THAT ARE THE DEBT SERVICE PAYMENTS IN KIND OF THE RED BAR. AND THEN YOU'LL SEE GENERALLY BELOW THE $0 LINE THE NET CASH FLOW IN GREEN. YOU'LL SEE THERE'S A COUPLE OF YEARS WHERE WE ANTICIPATE NOT DEFICIT SPENDING, BUT SPENDING A LITTLE MORE CASH THAN WE BRING IN STRATEGICALLY. AND THEN LOOKING AT THE REVENUE.THOSE ARE IN YOUR LINES. SO THE ORANGE LINE GOING ACROSS IS THE REVENUE AT CURRENT RATES. THE PURPLE LINE GOING GOING ACROSS AT THE TOP IS THE REVENUE AT THE RECOMMENDED ADJUSTMENT LEVEL. AND YOU CAN SEE THE THE DELTA OR THE DIFFERENCE BETWEEN THOSE TWO IS WE COULDN'T FUND BASICALLY ANY OF THE CAPITAL IMPROVEMENT PROGRAM OR MEET DEBT SERVICE REQUIREMENTS IF WE DON'T MAKE ANY REVENUE ADJUSTMENTS AT ALL. SO IT'S TO MEET THOSE REQUIREMENTS OF PROVIDING SERVICES. AND I DO WANT TO MENTION I MENTIONED THIS A FEW SLIDES AGO, BUT IF NOT FOR THE PASS THROUGH ADJUSTMENT FROM THE COUNTY WATER AUTHORITY FOR 2025, THAT GREEN BAR AT THE BOTTOM OF FISCAL YEAR 2026 WOULD BE SIGNIFICANTLY LOWER. SO WE'D BE USING A LOT MORE CASH THERE AND HAVE FUTURE ADJUSTMENTS AT A HIGHER LEVEL. ALL RIGHT. WE DO HAVE SOME CUSTOMER ASSISTANCE. OPTIONS OR OPPORTUNITIES THAT WE HAVE EITHER POSTED ONLINE, WHICH INCLUDES OUR ONLINE BILL CALCULATOR. OR YOU CAN GO IN AND KIND OF PLUG IN ON YOUR BIMONTHLY USE BY NUMBER OF UNITS, AND THEN HAD A LITTLE DROP DOWN FOR YOUR METER SIZE.
SO YOU CAN GET KIND OF A HOW WILL MY BILL LOOK TYPE SCENARIO SHOULD THESE RATES PASS. WE ALSO HAVE OPTIONS FOR ZERO FEE PAYMENT OPTIONS. DOESN'T SOUND LIKE A BIG DEAL, BUT A LOT OF AGENCIES ONLY HAVE LIKE CREDIT CARD CHARGES, WHICH HAD, YOU KNOW, 2 OR 3% SOMETHING LIKE THAT, OR YOU NEED TO LINK YOUR BANK ACCOUNT. WE HAVE A COUPLE OF OPTIONS TO GIVE FOLKS THE OPPORTUNITY TO AVOID THOSE COSTS. ALSO DIRECTING TO FINANCIAL ASSISTANCE PROGRAMS LIKE 211 SAN DIEGO AND OTHERS AND OFFERING PAYMENT ARRANGEMENTS, WHICH CERTAINLY FOLKS DO TAKE ADVANTAGE OF. ALL RIGHT. SO SPOILER ALERT, WASTEWATER LOOKS A LOT BETTER.
IT'S A LOT EASIER PILL TO SWALLOW HERE. SO BRIEFLY GOING INTO WASTEWATER IT'S NOT NEAR AS LONG AS AS WATER I PROMISE. GOING INTO THE WASTEWATER STRUCTURE ESSENTIALLY ARE TWO COMPONENTS SIMILAR TO WATER, WHERE YOU HAVE A FIXED COMPONENT THAT DOESN'T CHANGE
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DEPENDING ON HOW MUCH WATER YOU USE AND A COMMODITY OR RATE COMPONENT THAT'S BAKED INTO THE RATES AS WELL. THE LARGEST CONTRIBUTING FACTOR TO OUR COST OF PROVIDING WASTEWATER SERVICE ARE THE METRO JPA TREATMENT AND DISPOSAL COST, WHICH IS AN ANNUAL PASS THROUGH COST THAT WE DISCUSSED A LITTLE BIT AGO. AND AGAIN, FOR WASTEWATER SIMILAR TO WATER, WE'RE PROPOSING A FIVE YEAR RATE CYCLE ADJUSTMENT FROM 2026 THROUGH 2030. RIGHT. THE WASTEWATER RESERVE LEVELS FOR MINIMUM AND TARGET AREAS ARE SIMILAR TO WATER IN THAT THERE IS A OPERATING RESERVE MINIMUM OF 90 DAYS OF OPERATING EXPENSES AND A TARGET OF 120 DAYS OPERATING EXPENSES, AND THEN A TARGET CAPITAL BALANCE AS WELL, WHICH IS THE FIVE YEAR AVERAGE CIP. YOU'LL SEE THAT THE TOP CHART HERE, THE OPERATING AND CAPITAL RESERVES WE ARE MEETING OR EXCEEDING OUR TARGET LEVEL. AND YOU'LL SEE WHAT THAT LOOKS LIKE IN REGARDS TO OUR RATE RECOMMENDATIONS FOR YEARS ONE AND TWO HERE IN A MINUTE. AND THEN BELOW THAT'S THE OPERATING FINANCIAL PLAN WHERE WE ACTUALLY SPEND A LITTLE BIT OF THAT MONEY DOWN.YOU'LL SEE THOSE GREEN BARS TOWARDS THE BOTTOM WHERE WE ACTUALLY SPENDING A LITTLE MONEY THAT WE HAD KIND OF SET ASIDE TO PAY FOR OUR PROPORTIONAL SHARE OF LIKE THE PURE WATER PROGRAM, WHICH WE'RE KIND OF ON THE HOOK FOR THOSE COSTS, BUT ALSO WANT TO REALIZE THE BENEFITS. I MENTIONED MAYBE 20 MINUTES AGO. IT'S BEEN A LITTLE WHILE, BUT THE COST ALLOCATION PLAN REDUCTION TO THE WASTEWATER ENTERPRISE ARE BEING REALIZED HERE AS WELL.
OKAY. SO LOOKING AT THE WASTEWATER RECOMMENDED REVENUE ADJUSTMENTS, THE RESULTS OF THE COST OF SERVICE STUDY FOR WASTEWATER RATES INCLUDE A 0% ADJUSTMENT. SO BASICALLY NO INCREASE IN REVENUE REQUIREMENT FOR YEARS ONE AND TWO AS SHOWN. AND THEN A 3% ADJUSTMENT FOR EACH OF YEARS THREE THROUGH FIVE IN ALIGNMENT WITH ANTICIPATED CPI ADJUSTMENTS.
AND I DO WANT TO MENTION, WHILE THAT IS A 0% ADJUSTMENT IN YEAR ONE, GIVING THE COST OF SERVICE STUDY RATE ALLOCATION PROCESS, RESIDENTIAL RATES ARE ACTUALLY BEING REDUCED BY ABOUT 2% AS PART OF THIS PROCESS, WHERE ALTERNATIVELY, ON THE COMMERCIAL SIDE, THEY'RE GOING UP BY ABOUT 2%. SO IT'S KIND OF REBALANCING THE SCALES A LITTLE BIT BASED ON WHO'S ACTUALLY INCURRING THE COST SERVE. MY LAST SLIDE HERE BEFORE THE TIMELINE, WE WANTED TO SHOW THE COMBINED HOUSEHOLD IMPACT OF THE RECOMMENDED RATE ADJUSTMENTS. SO ROUGHLY A LITTLE MORE THAN 87% OF POWAY CUSTOMERS RECEIVE BOTH WATER AND SEWER SERVICES. SO WE THOUGHT THIS WOULD BE AN IMPACTFUL SLIDE, AS MOST CUSTOMERS DO RECEIVE BOTH OF THOSE SERVICES. THE CURRENT RATE STRUCTURE OF TIERED WATER RATES WAS INDUSTRY STANDARD, WHICH HELPED MEET STATE MANDATES FOR WATER CONSERVATION EFFORTS. HOWEVER, AS MENTIONED EARLIER, RECENT COURT RULINGS ARE STEERING WATER PROVIDERS AWAY FROM A CONSERVATION APPROACH AND GUIDING AGENCIES TOWARD A UNIFORM RATE STRUCTURE, WHICH IS EXACTLY WHAT POWAY IS PROPOSING ON THE ON THIS SLIDE IS THE COMBINED HOUSEHOLD IMPACT. ALREADY TALKED ABOUT THAT A LITTLE BIT FOR RESIDENTIAL CUSTOMERS UNDER THE SHOWN CONDITIONS AND USAGE VOLUMES, THE AVERAGE POWAY CUSTOMER USES 29 UNITS OF WATER OVER A BI MONTHLY BILLING PERIOD. SO THAT WOULD BE KIND OF THE SECOND SET OF STACKED BARS THERE. AND YOU'LL SEE THE CURRENT COST IN THE LIGHT BLUE BARS FOR EACH OF THE USAGE USAGE AREAS. AND THEN NEXT TO THAT IN THE GREEN WOULD BE UNDER THE PROPOSED RATE STRUCTURE. THE NET RESULT TO THE AVERAGE CUSTOMER WOULD BE AN INCREASING COST OF 9.6%. AND LASTLY, FOR THE TIMELINE HERE TONIGHT, WHAT WE ALREADY WENT THROUGH WAS REVIEWING THE FINANCIAL PLAN AND FIGURES, AND WE'RE REQUESTING THAT COUNCIL SET THE PROPOSITION 218 PUBLIC HEARING FOR JANUARY 20TH, 2026 AND AUTHORIZE SENDING OUT THE PROPOSITION 218 NOTICE TO CUSTOMERS. SO THERE'S A TIMING REQUIREMENT THERE BY STATE LAW THAT IT HAS TO BE AT LEAST 40. WE HAVE TO MAIL THAT NOTICE OUT AT LEAST 45 DAYS BEFORE THE HEARING. SO THAT KIND OF IS WHY YOU HAVE A GAP THERE. IF APPROVED ON JANUARY 20TH, WE WOULD HAVE THE PROPOSITION 218 HEARING WHERE WE WOULD COUNT THE PROTEST TO SEE IF A MAJORITY PROTEST EXISTS. IF A MAJORITY PROTEST DID EXIST. SO 50% OF IMPACTED CUSTOMERS PLUS ONE, THEN YOU AS AN ELECTED BODY COULD NOT TAKE ACTION ON THOSE THOSE RATE ADJUSTMENTS. IF NOT, THEN COUNCIL COULD CONSIDER THOSE RATE ADJUSTMENTS.
IT ALSO CONSIDER FORMAL OBJECTIONS IN RESPONSES TO THOSE OBJECTIONS, WHICH IS A NEW CLASSIFICATION OF KIND OF A DIFFERENT PROTEST THAT CUSTOMERS CAN SEND IN. WE'D REQUEST THAT YOU OPEN THE PUBLIC HEARING TO CONSIDER INPUT FROM INTERESTED PARTIES
[01:45:04]
ON THOSE PROPOSED RATES, AND THEN CLOSE THE PUBLIC HEARING AND CONSIDER ADOPTION OF RATES FOLLOWING COUNCIL INPUT. SO WITH THAT, THAT CONCLUDES MY PRESENTATION. AND THEN STAFF AND REPRESENTATIVE FROM THE CONSULTANTS ARE HERE TO HOPEFULLY ANSWER ANY QUESTIONS.THANK YOU. THANKS, CRAIG. WE HAVE ONE SPEAKER ON THIS, JOE SAINT LUCAS. AS JOE MAKES HIS WAY UP, I'LL MENTION THAT WE HAD ONE WRITTEN COMMENT CARD FROM CHRIS CRUZ IN OPPOSITION SAYING THE DATA IS INCOMPLETE. THERE'S NO CAP DATA AVAILABLE TO THE PUBLIC. JOE, TAKE IT AWAY. YEAH. JOE SAINT LUCAS FROM POWAY. WASTEWATER IS EASIER TO SWALLOW AND NO. I MAY BE GOING THROUGH AND ROUNDING SOME NUMBERS OR PERCENTAGES OFF, BUT I HAVE A PROBLEM WITH TABLE ONE ON PAGE SEVEN OF THIS WHERE IT HAS THE ESTIMATED REVENUE, WHAT IT WOULD COST EACH PERSON YOU KNOW FOR THE NEXT FIVE YEARS, WHERE AT THE END YOU'VE GOT $108 EVERY TWO MONTHS OVER WHAT WE ARE NOW, THAT'S LIKE 36% INCREASE, STILL LESS THAN SAN DIEGO. BUT SON OF A GUN. I LIKE TO SAY, IF ONLY MY SOCIAL SECURITY COULD COVER A PORTION OF THAT, I'D BE IN GREAT SHAPE.
ANYHOW, THE FIRST YEAR SHOWS A 9.9% REVENUE ADJUSTMENT COSTS ATTRIBUTED TO THE CITY, 4.1% WATER AUTHORITY 5.8%. SO YOU LOOK UNDER THE JANUARY 2026, IT SHOWS 9.9%. AND THIS IS WHERE MY PROBLEM IS, BECAUSE I GUESS I DON'T KNOW HOW TO DO MATH. IF YOU LOOK UNDERNEATH, IT SAYS ESTIMATED WATER BILL 351 AND THIS YEAR IS 300 AND SOME. THAT'S 50 BUCKS INCREASE.
THAT'S 50 OUT OF 300. THAT'S LIKE 16%, NOT 9.9%. NOT 1,010% INCREASE ON THE 300 WOULD BE 30 BUCKS. SO WE'RE MISSING LIKE $18 IN IN THE EXPLANATION FROM WHERE THAT COMES FROM, WHICH OF COURSE GETS PROPAGATED OUT TO INFINITY. SO I GUESS THAT'S MY QUESTION. WHERE ARE IS THE $18.
IT MAY BE EXPLAINED SOMEWHERE, BUT SON OF A GUN I, I DIDN'T RUN ACROSS IT ANYWHERE NEAR WHERE THIS CHART WAS. OKAY. THANK YOU. THANKS, JOE. CRAIG, DID YOU UNDERSTAND THE QUESTION AND DO YOU WANT TO ANSWER IT? YES, ABSOLUTELY. AND GREAT QUESTION AND FEEDBACK ON MY NOTES THERE. ON THE VERBIAGE ON THE WASTEWATER RATE, BUT NO GREAT, GREAT POINT. THE 9.9% IS THE OVERALL REVENUE ADJUSTMENT. SO THE USER RATES DEPENDING ON VOLUME OF WATER USE ARE VARIABLE. SO IF YOU LOOK AT THAT CHART UNDER TABLE TWO IN THE STAFF REPORT, YES, UNDER 29 UNITS THAT IMPACT ON JUST WATER SERVICES WOULD BE 16% FOR THAT THAT USER GROUP. BUT IF YOU GO OVER TO 37 UNITS, SORRY, MY EYES ARE A LITTLE BAD HERE. IT'D BE 14.2%. AND THEN YOU GO OVER FURTHER AND IT'S 11.7% AND SO ON. SO IT'S NOT 99. 9% FOR EVERY USER. IT DEPENDS ON HOW MUCH WATER USE OVER THAT PERIOD. HOPEFULLY THAT MAKES SENSE. THANKS, GREG. THAT WAS OUR ONLY SPEAKER. COUNCIL COUNCILMEMBER MAEDA, WOULD YOU LIKE TO START OFF? I OWE MY PREDECESSOR AN APOLOGY BECAUSE I TOTALLY TOOK A STAB AT HER OVER WATER RATES AT LAST YEAR'S GV AND CHAMBER CANDIDATES FORUM, AND I DID SO OUT OF IGNORANCE, NOT KNOWING EXACTLY HOW MUCH OF OUR WATER RATES IS AT THE MERCY OF INFLATION. AND THE SAN DIEGO COUNTY WATER AUTHORITY AND THE METRO JPA. SO THANK YOU TO KATHY PIRRONE FOR HELPING ME DRINK FROM THE FIRE HOSE AND EDUCATING ME ON ALL THE HISTORY OF THE PROCESSES AND THE ENTITIES BEHIND WATER THAT COMES OUT OF OUR TAP. AND THANK YOU TO CRAIG AND LEAH BELL AND THEIR TEAM FOR SLAVING OVER THIS FOR MONTHS AND MONTHS. IT HELPS TO KNOW THAT WE HAVE STAFF WHO ARE RESIDENTS OF POWAY AND ARE PERSONALLY INVESTED AND AFFECTED BY THESE CHANGES AS WELL. WE'RE STILL WAITING FOR THE COST ALLOCATION PLAN TO BE COMPLETED, BUT OTHER THAN THAT, I THINK WE'RE READY TO SET THE DATE AND MOVE FORWARD WITH THE PROP 18 218. THAT SOUNDED PRETTY MUCH LIKE A MOTION WORK FOR YOU. OKAY, COUNCIL MEMBER PICUS, I WANT TO START BY SAYING I FEEL VINDICATED BY JOE SAINT LUCAS'S SPEECH BECAUSE I ASKED CRAIG THIS VERY QUESTION LAST WEEK,
[01:50:07]
EARLIER THIS WEEK, AND I SAID, YOU'D BETTER BE PREPARED TO ANSWER THAT BECAUSE SOMEONE'S GOING TO SPOT THAT SAME THING. SO YEAH, THANK YOU, JOE, FOR PROVING ME RIGHT. AND ALSO, LIKE JENNY, I WANT TO THANK KATHY PERRONE FOR TEACHING ME A LOT ABOUT WATER THAT I DIDN'T KNOW WHEN I TOOK THIS JOB, TOO. SO AND THAT'S ONE THING, IS THAT. WATER SYSTEMS OF THE ORIGINAL MEGA ENGINEERING PROJECTS OF CIVILIZATION, I MEAN, JUST GO TO ROME AND YOU SEE THOSE AQUEDUCTS, AND THEY BUILT THOSE 2000 YEARS AGO, BUT YOU COULD SEE THEM. SO YOU REALIZE WHY WATER IS SO IMPORTANT, WHEREAS HERE WATER IS UNDERGROUND. AND YOU JUST TAKE IT FOR GRANTED THAT YOU FLIP THE TAP AND YOU GET ALL THE CLEAN WATER YOU WANT WITHOUT HAVING TO WORRY ABOUT GETTING DYSENTERY OR CHOLERA. AND 24 OVER SEVEN RELIABILITY.SO IT'S A REALLY A MIRACLE THERE. SO OH, AND BY THE WAY, THOSE ROMAN AQUEDUCTS, THEY STILL USE THEM FOR THIS, THEIR CITY WATER SYSTEM. I HAD A QUICK QUESTION FOR CRAIG ABOUT THESE PASS THROUGH'S DO WE HAVE TO HAVE DO ANOTHER STUDY EVERY TIME THEY DO A GIVE US A NEW SET RATE STRUCTURE? THANK YOU FOR THE QUESTION. AND NO. SO WHAT WE DID IS WE SET UP THE ACTUAL RATE MODELS TO MAKE SURE THAT WE CAN PLUG IN THE NUMBERS AND WORK IT THROUGH WITH THEM, BUT WE'RE CERTAINLY GOING TO CHECK WITH THEM EVERY TIME AND MAKE SURE OUR MATH IS CORRECT.
AND EVERYTHING IS KIND OF WORKING OUT THE WAY IT SHOULD, BUT NO BIG STUDY. OKAY. ALL RIGHT. AND I KNOW THAT, YOU KNOW. THERE THERE WILL BE PROTESTS. BUT WHAT HAPPENS IF WE DON'T APPROVE THIS? I MEAN, WE STAY AT THE CURRENT RATES. DO WE START CLOSING THE DELIVERING LESS WATER OR WHAT? OR RUN OUT OF RESERVES? AND I GUESS THERE IS NO ALTERNATIVE.
WE MUST DO THIS. YEAH, I'LL TRY TO TAKE THAT. THAT THAT'S A ROUGH SCENARIO THAT YOU WOULD DESCRIBE THERE. AND WE WOULD BE ELIMINATING STAFF. WE'D BE HAVE A COMPROMISED SYSTEM. WE WOULD CEASE CAPITAL IMPROVEMENT PROJECTS, AND WE WOULD HAVE A VULNERABLE SYSTEM. AND IF WE HAD A VULNERABLE SYSTEM, WE COULD RUN AFOUL OF THE STATE VERY, VERY QUICKLY. NOT TO MENTION YOU WOULDN'T HAVE WATER AT DEMAND, PERHAPS. I ASSUME THAT SO, YEAH. BECAUSE, YEAH, THE WHOLE POINT OF BEING A SAFE SYSTEM IS THAT THERE'S WATER PRESSURE AT ALL TIMES. SO. ALL RIGHT, THAT'S ALL I HAD. YOU KNOW, YOU'VE COVERED EVERYTHING. AND THANKS FOR THAT. I SECOND THIS MOTION. THANK YOU, DEPUTY MAYOR. THANK YOU. THE MAYOR NOTICED THAT A LOT OF PAGES.
BUT, YOU KNOW, THE PRESENTATION WAS ACTUALLY REALLY, REALLY THOROUGH. AND SO THAT WAS COVERED MOST OF WHAT I WAS GOING TO TALK ABOUT. SO THANK YOU, CRAIG FOR THAT. SO I DO HAVE A QUICK QUESTION. WE HAVE THE THE 4.1 THAT THE 4% INTERNAL YOU KNOW RIDES. IS THAT AN UP TO OR IS THAT GOING TO ALWAYS BE 4.1 OR IS THAT 4%. GREAT QUESTION. AND THAT'S A NOT TO EXCEED NUMBER NOT TO EXCEED NUMBER. SO IF COSTS COME IN SIGNIFICANTLY LESS THAN WE ANTICIPATE OR FORECAST OR WE REALIZE SOME OF THESE OTHER BENEFITS, THEN CERTAINLY THAT NOT TO EXCEED NUMBER COULD BE WORKED OUT. THAT'S NOT A PIPE DREAM EITHER. I'VE REALIZED THAT FOR RAMONA WATER DISTRICT, WHERE I USED TO WORK, WHERE WE ADOPTED NOT TO EXCEED RATES, AND WE ACTUALLY WORKED OUR WAY DOWN AND DIDN'T IMPLEMENT RATES AT THAT LEVEL. OKAY, THAT'S GOOD TO KNOW. I HONESTLY WOULDN'T BE SURPRISED IF THAT'S WHAT ACTUALLY HAPPENED, BECAUSE THE SYSTEM WE HAVE HERE, I THINK IS ACTUALLY PRETTY EFFICIENT. AND I ACTUALLY, YOU KNOW, I LIKE THIS REPORT. I THINK IT'S VERY CLEAR AND STRAIGHTFORWARD AND ACTUALLY NICELY SPLITS OUT THE COSTS THAT WE CAN CONTROL AND THE COST THAT WE CANNOT CONTROL.
AND IT USED TO NOT DO THAT. AND SO THERE WAS ALWAYS THIS HAND WAVING OR YOU HAD TO REALLY DIVE INTO THE NUMBERS TO TO CATCH THE DIFFERENCE. SO I REALLY APPRECIATE YOUR EFFORT THERE AND FINANCE AND PUBLIC WORKS FOR FOR MAKING THAT HAPPEN. SO I ACTUALLY THINK IT'S REALLY IMPRESSIVE THAT WE'VE GOT ONE OF THE LARGEST CAPITAL IMPROVEMENT PROJECTS GOING ON RIGHT NOW, AND OUR RATES ARE EFFECTIVELY THE INTERNAL RATES ARE ONLY GOING UP AT ALMOST LIKE THE CPI, WHICH IS WHICH IS PRETTY IMPRESSIVE. SO ONE THING ACTUALLY TAKE OFF ON WHAT YOU WERE SAYING, CHRIS, AND THAT'S ACTUALLY SOMETHING THAT OTHER WATER DISTRICTS DON'T APPEAR TO BE DOING OR HAVEN'T DONE IN THE PAST, OR SOME OF THEM HAVEN'T DONE IN THE PAST, AND THAT'S FULLY FUNDING OUR MAINTENANCE AND OUR CAPITAL IMPROVEMENT PROJECTS, WHICH ARE REALLY MOSTLY CAPITAL RESTORATION PROJECTS, WITH A FEW EXCEPTIONS.
AND THAT'S, I THINK, REALLY HOW WE PREVENT LONG TERM FAILURES AND THAT KEEPS OUR FUTURE RATES
[01:55:01]
STABLE AND AS LOW AS POSSIBLE. AND WHAT'S HAPPENED? I'VE SEEN WHAT HAPPENS WHEN AGENCIES CUT THEIR RATES AS THEY HAVE THESE HUGE EMERGENCY COSTS. I'VE SEEN THEM COME DOWN, YOU KNOW, FROM WHERE I SIT ON ON THE METRO JPA BOARD. SO AND IT'S PRETTY UGLY WHEN THAT HAPPENS BECAUSE PEOPLE ARE SCRAMBLING AND, AND NOW SOME WATER DISTRICTS ARE, YOU KNOW, TRYING TO CATCH UP WITH THAT. AND THAT'S REALLY HARD TO DO ONCE YOU FALL BEHIND. SO LET'S SEE I'M GOING TO SKIP A WHOLE LOT HERE ON THE PAT'S DECISION, WHICH IS THE THING THAT IS FORCING US TO GO TO FLAT RATES. I WILL SAY I DO DISAGREE WITH THAT PARTICULAR DECISION. IT'S A RESPECTFUL DISAGREEMENT. WE HAVE TO FOLLOW IT. I DID LIKE THE FACT THAT THE TIERED RATE SYSTEM ENCOURAGED WATER USE AND WATER USE EFFICIENCY, AND I ALSO APPRECIATED ITS HOW IT REDUCED SOME OF THE IMPACT ON OUR LOWER OR LOWER VOLUME WATER USERS, WHO TYPICALLY SKEW TO BE ON FIXED INCOMES AND AT THE LOWER END OF THE INCOME SCALE. I WAS HOPING THAT SOMEBODY WOULD APPEAL THIS TO THE SUPREME COURT, BUT IT SOUNDS LIKE THAT'S NOT HAPPENING. SO THAT'S, YOU KNOW, WHERE WE'RE GOING TO BE. I ALSO WOULD LIKE THIS ENTIRE THING TO BE ON WASTEWATER, BECAUSE THAT IS A LOT NICER THAN, YOU KNOW, WE CURRENTLY HAVE THE RAMONA MOU.I'M HOPING THAT GETS, YOU KNOW, PUSHED FORWARD. I'VE BEEN PUSHING FOR THAT HARD. IF YOU LOOK ON, I DON'T HAVE THE THING RIGHT IN FRONT OF ME. BUT THERE'S SOME TABLES HERE WHERE YOU CAN LOOK INTO THE RATE STUDY AND IT SHOWS STARTING IN 2029, SHOULD THIS COME INTO FRUITION. IT'S ABOUT A 1.3 TO $1.4 MILLION PER YEAR GOING FORWARD OF MONEY COMING INTO OUR SYSTEM AND HELPING TO DILUTE SOME OF OUR COSTS. AND THIS IS BASICALLY TREATED WATER FROM OUR EXCESS CAPACITY OF TREATED WATER, BECAUSE OUR PLANT UP AT THE AT THE LAKE, IT'LL TREAT 24 MILLION GALLONS A DAY. WE USE ABOUT 8 MILLION GALLONS A DAY. AND THIS IS FOR ABOUT 3 MILLION GALLONS A DAY. SO THERE'S PLENTY OF OVERHEAD. AND ACTUALLY, INCIDENTALLY, ONLY ABOUT 3 MILLION GALLONS A DAY GOES TO THE SEWER. SO IF YOU'RE EIGHT AND THREE AND YOU'VE GOT 5 MILLION GALLONS A DAY WATERING YOUR PLANTS. SO THAT'S THAT'S WHERE THAT WATER GOES. I'D LIKE TO ACTUALLY FINISH EARLY HERE AND ACKNOWLEDGE TWO PEOPLE WHO HAVE BEEN ACTUALLY REALLY HELPFUL IN EDUCATING THE COMMUNITY ABOUT HOW THE SYSTEM WORKS. THE FIRST IS CATHY PERRONE, AS MENTIONED A COUPLE TIMES BEFORE, WHO IS ACTUALLY A RETIRED WATER ENGINEER, AND THE SECOND IS FORMER COUNCILWOMAN ANITA EDMONDSON, WHO REALLY HELPED TO BRING KATHY'S EXPERTISE TO THE FORE, ORGANIZED A NUMBER OF, YOU KNOW, A PUBLIC SESSION WITH HER SO PEOPLE COULD ASK HER A LOT OF QUESTIONS AND A NUMBER OF IN PERSON INTERVIEWS. SO I THINK BOTH CATHY AND ANITA HAVE BEEN REALLY GREAT EXAMPLES OF WHAT MAKES POWAY GREAT, WHICH IS REALLY HIGHLY KNOWLEDGEABLE AND ENGAGED PEOPLE WHO PUT THE TIME AND THE EFFORT INTO ELEVATE THE QUALITY OF THE CONVERSATION. SO I THINK, YOU KNOW, I KNOW RATE INCREASES ARE HARD. THEY DO AFFECT US ALL. BUT MY COMMITMENT IS TO KEEP THE SYSTEM SAFE AND RELIABLE AND AFFORDABLE OVER THE LONG TERM, TO LET YOU GUYS KNOW WHERE THE COSTS ARE COMING FROM AND WHAT WE CAN DO ABOUT THEM. BUT IF YOU GUYS, IT'S A REALLY COMPLICATED SYSTEM. IF YOU GUYS HAVE ANY QUESTIONS OR BETTER YET, ANY IDEAS INTO HOW TO, YOU KNOW, IMPROVE THE RESILIENCY OR CONTROL COSTS, AS LONG AS WE'RE NOT SACRIFICING SAFETY OR RELIABILITY, I'M ALWAYS OPEN TO THEM. YOU KNOW, I'VE WHAT I'VE LEARNED OVER THE YEARS DOING THIS HAS COME FROM BASICALLY PEOPLE WHO KNOW MORE. YOU KNOW A LOT MORE ABOUT THIS THAN I DO, AND OFTENTIMES ALSO SEE THINGS FROM A DIFFERENT POINT OF VIEW. SO THANK YOU ALL FOR YOUR TIME AND STAYING THIS LATE, WHICH IS AN UNUSUALLY LATE MEETING FOR US. AND I'LL FINISH HERE. COUNCILMEMBER MAEDA AND COUNCILMEMBER PIKUS BOTH SAID THERE'S A LOT ABOUT WATER THEY STILL DON'T KNOW. AND EVEN AFTER ALL THIS TIME, THERE'S A LOT ABOUT WATER THAT I DON'T KNOW. BUT THE ONE THING I DO KNOW IS WHEN I TURN ON THE TAP AT HOME, WE GET WATER THAT COMES OUT EVERY SINGLE TIME THAT WE CAN DRINK AND COOK WITH AND ALL THAT. SO THAT'S WHAT THIS IS ALL ABOUT. AND I WAS FASCINATED, CRAIG, BY SOME OF THE STS IN YOUR REPORT, 319 MILES OF PIPE, 8890 VALVES, 15 PUMP STATIONS, 19 RESERVOIRS, 2898 FIRE HYDRANTS. I MEAN, JUST THE INFRASTRUCTURE IS OVERWHELMING AND WHAT THIS MONEY HAS TO TAKE CARE OF. I KNOW RATE INCREASES ARE NEVER WELCOME. WE NEVER BRING THEM FORWARD UNLESS THEY'RE TRULY NECESSARY. THE REALITY IS MOST OF THE COSTS, AS CRAIG HAS VERY WELL EXPLAINED, ARE DRIVEN BY THINGS WE DON'T CONTROL
[02:00:03]
WHOLESALE WATER PRICES, REGIONAL WASTEWATER TREATMENT AND ENERGY. AND THEN WE'RE DOING A MAJOR INFRASTRUCTURE PROJECT, THE BIGGEST PROJECT IN POWAY'S HISTORY, TO KEEP MAUI'S WATER SYSTEM SAFE AND RELIABLE FOR DECADES TO COME. EVERY DOLLAR COLLECTED STAYS IN THE WATER AND SEWER SYSTEMS, NOT THE GENERAL FUND. WE'VE DONE EVERYTHING POSSIBLE TO FLATTEN THE INCREASES AND USE RESERVES WHERE PRUDENT. WE HAVE ALWAYS TAKEN PRIDE IN CAREFUL CONSERVATIVE STEWARDSHIP, AND THESE ADJUSTMENTS ENSURE THAT WHEN YOU TURN ON THE TAP, CLEAN, SAFE WATER IS GOING TO BE THERE TODAY AND FOR MANY DAYS TO COME. SO THANK YOU FOR YOUR HARD WORK.I AM FULLY SUPPORTIVE OF THIS. WE HAVE A MOTION FROM COUNCIL MEMBER MAEDA AND A SECOND FROM COUNCIL MEMBER PIKAS TO DIRECT STAFF TO SET THE PUBLIC HEARING FOR JANUARY 20TH, 2026 AND PROCEED WITH THE PROP 218 PROCESS, WHICH INCLUDES MAILING THE NOTICE OF PUBLIC HEARING TO RATEPAYERS PURSUANT TO CALIFORNIA LAW AT LEAST 45 DAYS PRIOR TO THE JANUARY 20TH, 2026 PUBLIC HEARING. THIS IS A ROLL CALL VOTE. WILL THE CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER MAEDA. AYE. COUNCIL MEMBER PIKAS I DEPUTY MAYOR DEHOFF I AND MAYOR VOSS. AYE.
[COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS]
ITEM PASSES. THANK YOU. NEXT UP, YOU GET TO HEAR FROM US. 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 IN THE LAST FEW WEEKS.COUNCIL MEMBER MAEDA. I HATE TO DO THIS, BUT WE CAN'T IGNORE POOR CONDUCT BY ANYONE ON THE CITY COUNCIL. I NEED TO ASK FOR A CONCURRENCE TO DISCUSS A FORMAL CENSURE OF DEPUTY MAYOR DAYHOFF AT OUR NEXT MEETING. IS THERE A SECOND FOR THAT? AND MR. DAYHOFF, ANY COMMENT? I, I DON'T HAVE ANY COMMENT. I'D LOVE TO KNOW SOME MORE OF THE DETAILS IF YOU GUYS SEND THEM TO ME. I APPRECIATE THE COMMENTS YOU GUYS HAD UP HERE. SO THAT MOTION WILL DIE FOR LACK OF A SECOND. ANYTHING ELSE? COUNCILMEMBER. MR. PIKUS NOTHING. MR. DORF. NOTHING. WE HAD A BALL AT THE HEROES SOFTBALL GAME, A GREAT EVENT. IT IS PURE POWAY AND THE VETERANS PARK CELEBRATION WAS WELL ATTENDED AND WELL DONE. ALWAYS A HIGHLIGHT IN THE CALENDAR. SO THAT'S THAT FOR ME, MR. HOLSTEIN, I WOULD JUST NOTE THAT I AND WE SURVIVED OUR FIRST MEETING WITHOUT WENDY SASSAMAN SITTING NEXT TO ME. SO I STILL MISS HER EVERY DAY, BUT
[CLOSED SESSION]
SHE'S DOING WELL IN SANTEE. WENDY WHO? ALLEN. WE JUST HAVE ONE ITEM ON FOR CLOSED SESSION AS REFLECTED ON THE AGENDA. WITH THAT, WE WILL ADJOURN TO CLOSED SESSION. EXCELLENT.* This transcript was compiled from uncorrected Closed Captioning.