Apr 21, 2026 City Council

[00:00:03]

ALRIGHTY, I WILL CALL THE APRIL 21ST, 2026 REGULAR CITY COUNCIL MEETING TO ORDER.

[CALL TO ORDER]

COUNCIL MEMBER PIKES HERE. DEPUTY MAYOR MAITA HERE.

AND MAYOR VOSS HERE. DEPUTY MAYOR. MAYOR. AND PLEASE LEAD US INTO PLAY.

THANK YOU. AND IF YOU NOW JOIN US FOR A MOMENT OF SILENCE.

THANK YOU VERY MUCH. BEFORE WE GO FURTHER, WE HAVE A NEW FACE IN THE HOUSE TONIGHT.

WE FINALLY HAVE OUR ASSISTANT CITY MANAGER SEAT FILLED, AND WOULD LIKE TO WELCOME TRACY STEPHENS AND GIVE HER A MOMENT TO INTRODUCE HERSELF.

THANK YOU MAYOR. THANK YOU. COUNCIL. IT'S IT'S AMAZING TO BE BACK IN POWAY AFTER OVER 30 YEARS.

THIS IS WHERE I GREW UP. AND I JUST WANT TO THANK YOU ALL FOR THE WARM WELCOME AND TO THE TEAM AND CHRIS AND IT'S REALLY, IT'S REALLY GREAT TO BE BACK. SO I'M LOOKING FORWARD TO WORKING WITH ALL OF YOU AND WE'RE LOOKING FORWARD TO HAVING YOU MOVING ON TO PUBLIC COMMENT. IN ACCORDANCE WITH STATE LAW, AN ITEM NOT SCHEDULED ON THE AGENDA MAY BE BROUGHT FORWARD BY THE GENERAL PUBLIC FOR COMMENT.

[PUBLIC COMMENT]

YOU MAY SPEAK UP TO THREE MINUTES. SPEAKERS HAVE ONE OPPORTUNITY TO ADDRESS THE COUNCIL UNDER PUBLIC COMMENT, AND WE HAVE FOUR SPEAKERS. FIRST UP, NICK CARUTHERS.

OKAY. THANKS VERY MUCH FOR THE OPPORTUNITY TO SPEAK THIS EVENING. WHEN I SPOKE TO THE MAYOR LATE LAST YEAR, HE SAID TO ME, YOU NEVER THANK ME FOR ANYTHING, NICK.

SO WHAT I WANT TO DO IS THANK YOU FOR YOUR PROPOSAL WITH THE IN LIEU FEES AND JUST REMIND YOU THAT I THINK WE I'M LOOKING AT WHEN I FIRST SPOKE TO YOU ABOUT THAT, AND ODDLY ENOUGH, IT WAS ON APRIL FOOL'S DAY LAST YEAR.

SO MAYBE I'M NOT A FOOL, BUT I DO THANK YOU FOR TAKING A LOOK AT THAT.

I THINK YOUR ESTIMATE OF A $10,000 FEE IS ALMOST CERTAINLY A LOT LESS THAN IT WILL END UP BEING.

BUT WHILE I'M UP HERE, I WANT TO SORT OF REMIND YOU THAT WE DID SUGGEST AND I'M TALKING ABOUT NOT JUST MYSELF, A COUPLE OF OTHER THINGS, AND I THINK IT WOULD BE WORTH MAKING ME THANK YOU AGAIN.

AND THAT WOULD BE TO LOOK AT STAFF AND MINISTERIAL APPROVALS.

SHOULD THEY SHOULD BE BASED ON OBJECTIVE CRITERIA, WHICH I DON'T THINK IS ALWAYS THE CASE.

AND I THINK IT WOULD BE GREAT TO HAVE DOCUMENTS AND INFORMATION ABOUT SPECIFIC PLANS AND GENERAL PLAN AMENDMENTS AND OTHER LAND USE DECISIONS, THE GENERAL PUBLIC, TO GET THAT INFORMATION A LOT SOONER THAN THE COUNCIL MEETING.

AND I DO UNDERSTAND THAT EVEN COUNCILORS DON'T NECESSARILY GET THAT INFORMATION THAT QUICKLY.

BUT I THINK THAT WOULD ALSO HELP COUNCILORS IF WE COULD SEE THAT MATERIAL A LOT SOONER.

AND I THINK IN THE ORIGINAL NOTE, I SAID 14 DAYS.

THAT'S PROBABLY TOO MUCH. BUT SEVEN DAYS I THINK WOULD BE GREAT BECAUSE THEN IT GIVES EVERYBODY A CHANCE TO READ THINGS.

SO THAT'S ALL I'M GOING TO SAY. AND I'LL THANK YOU AGAIN FOR THE IN LIEU FEE CHANGES, WHICH I'M EAGERLY LOOKING FORWARD TO.

THANK YOU. THANK YOU. NICK. ALISON SHAMRAO.

HI. THANK YOU FOR HAVING ME. I'VE ACTUALLY NEVER BEEN TO A COUNCIL MEETING BEFORE, SO I HOPE I DO THIS RIGHT, BUT IT'S BECAUSE I FEEL VERY STRONGLY ABOUT A CERTAIN ISSUE THAT IS THE REASON WHY I'M HERE.

I'M A RESIDENT OF THE FARM COMMUNITY IN POWAY, AND WE KNOW THAT THERE ARE SCHEDULED TO BE OR PLANNED POTENTIALLY TO BE PICKLEBALL COURTS PUT IN RIGHT INTO OUR NEIGHBORHOOD. AND I'M SURE THAT A UNANIMOUS DECISION IN THINGS LIKE THIS IS PROBABLY PRETTY HARD TO COME BY MOST OF THE TIME, BUT I'M HERE TO TELL YOU ON BEHALF OF ME AND MY NEIGHBORS, WE ARE UNANIMOUS.

WE DO NOT WANT PICKLEBALL COURTS IN OUR NEIGHBORHOOD.

AND I SPEAK FROM PERSONAL PERSPECTIVE, BEING THAT MY HOUSE IN PARTICULAR IS ONE OF THE HOUSES ON JUST A STRETCH OF HILLSIDE.

[00:05:06]

SO I KNOW I ONLY HAVE A FEW MINUTES, BUT I WANTED TO SPEND SOME OF THAT TIME JUST PLAYING FOR YOU.

A LITTLE BIT OF PICKLEBALL NOISE. IF ANYBODY IS UNFAMILIAR WITH KIND OF WHAT IT SOUNDS LIKE AND JUST THE CONSTANT NOISE.

SO HERE IS WHAT PICKLEBALL SOUNDS LIKE.

THAT WAS 40S OF ONE QUART OF PICKLEBALL BEING PLAYED, BUT I BELIEVE THE CURRENT PLAN IS ESTIMATED TO HAVE 20 PICKLEBALL COURTS AND THEY WOULD BE OPEN FOR SERVICE BETWEEN, I THINK IT SAID 7 A.M.

TO 10 P.M. EVERY DAY. SO I THINK YOU CAN PROBABLY IMAGINE THE TOLL THAT THAT MULTIPLIED BY 20, MULTIPLIED BY ALL THE HOURS OF THE DAY, NOT JUST 40S WOULD HAVE ON ALL OF THE RESIDENTS OF THE FARM AND SURROUNDING NEIGHBORHOODS ON NOT ONLY OUR MENTAL HEALTH, BUT ALSO ON OUR PROPERTY VALUES, THEY WOULD ABSOLUTELY PLUMMET.

WE WOULD NOT BE ABLE TO SELL OUR HOUSES AT ANY POINT IN THE FUTURE.

AND PEOPLE THAT WANT TO MOVE INTO POWAY, WHETHER IT'S TO THE FARM OR WHETHER IT'S TO ANOTHER NEIGHBORHOOD, WOULD SEE THE KIND OF BUSINESSES THAT ARE BEING ALLOWED TO BE PUT IN TO POWAY, AND THEY WOULD ABSOLUTELY TAKE A SECOND AND THINK ABOUT WHETHER THEY WANT TO LIVE IN A COMMUNITY THAT SOUNDS ANYTHING LIKE THAT. SO THERE ARE SO MANY OTHER ALTERNATIVES.

THERE ARE OTHER BUSINESSES THAT COULD MOVE IN. THERE IS PROBABLY A LIST OF BUSINESSES THAT WOULD LOVE TO BE IN THE FARM.

THIS IS NOT OUR ONLY SOLUTION. THERE ARE SO MANY OTHER SOLUTIONS.

AND FOR PICKLEBALL BUSINESS OWNERS, THERE ARE PLENTY OF OTHER PLACES IN POWAY WHERE IT WOULD BE SUCH A BETTER FIT.

SO I'M SURE YOU HAVE A LOT OF ASPECTS TO WEIGH IN THIS DECISION.

PROS AND CONS. I'M SURE THERE'S A LOT BEHIND THE SCENES, BUT I REALLY ENCOURAGE YOU FOR ON BEHALF OF OUR MENTAL HEALTH, ON BEHALF OF OUR PROPERTY VALUES TO PLEASE SAY NO TO THIS PICKLEBALL ORGANIZATION.

MOVING IN PLEASE. THANK YOU. THANK YOU. JUST FOR THE RECORD, WE HAVE NO THERE'S BEEN NO PLAN SUBMITTED, NOT FOR DISCUSSION, BUT THERE'S NO PLAN WITH THE CITY NOW.

BUT I KNOW THERE'S A LOT OF TALK. JAMES AMBROSE.

GOOD EVENING. YOU'VE SEEN ME HERE BEFORE. SOMEDAY I HOPE TO COME.

AND LIKE THE EARLIER SPEAKER, SAY THANK YOU. BUT NOT YET.

YOU KNOW, THAT DEPENDS ON HOW THINGS GO. WITH REGARDS TO HOW WE MOVE FORWARD.

MY CONCERN IS MERELY TO KEEP THE VOICE IN FRONT OF YOU AS YOU MOVE FORWARD.

AND I DO APPRECIATE YOUR COMMENT. MAYOR ABOUT THAT.

THERE IS NO PLAN. BUT SINCE WE'VE BEEN TALKING, THINGS ARE HAPPENING.

THERE ARE THINGS GOING ON ON THE PARCEL AND I HAVE NO IDEA WHO'S APPROVING THEM, WHO'S ORCHESTRATING THEM, WHO'S REGULATING THEM, OR ANYTHING ELSE LIKE THAT.

AND SO MY REAL THRUST OF THE COMMENTS HERE IS THAT WE AREN'T BEING THERE.

THERE IS NO LOOP THAT, I'M AWARE OF THAT IS BEING DISSEMINATED BY CITY COUNCIL.

AND IF THAT MEANS THAT ALL THIS STUFF IS GOING ON WITHOUT CITY COUNCIL'S KNOWLEDGE THEN THAT'S PRETTY SHOCKING IN AND OF ITSELF.

BUT MY ASSUMPTION IS THAT A POTENTIAL BUYER IS, IS HAVING COMMUNICATIONS AND IS HAVING THOSE KINDS OF DISCUSSIONS AND THINGS ARE MOVING FORWARD. I'M NOT SAYING AT A PARTICULAR PACE BECAUSE I DON'T KNOW WHAT THE PACE IS, BUT IT IS IMPORTANT TO ME THAT THE CITY COUNCIL KNOW THAT THE FRUSTRATION LEVEL WITH RESPECT TO THE RESIDENTS IS, IS THAT WE DON'T KNOW WE DON'T KNOW WHAT'S HAPPENING. WE DON'T KNOW EXACTLY WHAT STAGE THINGS ARE AT.

AND SO, AND MY UNDERSTANDING AND I, WE DON'T KNOW WHAT THE CITY COUNCIL, WHEN THEY FINALLY DO GET THE PROPOSAL IN FRONT OF THEM IS GOING TO LOOK AT. IS THERE GOING TO BE. AND I APPRECIATE YOU'RE NOT GIVING ME ANSWERS TONIGHT, BUT IS THERE GOING TO BE A NEW NOISE STUDY THAT WE THINK SHOULD CORRECT THE OLD NOISE STUDY THAT WAS DONE A NUMBER OF YEARS AGO THAT WE CONSIDER FLAWED IN A NUMBER OF MATERIAL RESPECTS. BUT ARE YOU FOCUSED ON LIGHTING?

[00:10:06]

HE'S ALREADY RECEIVED APPROVAL FOR 26 PICKLEBALL COURTS.

NOW, I'M NOT SAYING HE'S ACCURATE, BUT THAT'S THE MESSAGE THAT'S BEING SENT, AND THAT THE CITY COUNCIL HAS EITHER ALREADY AUTHORIZED THAT OR WILL AUTHORIZE IT, AS LONG AS THAT'S WHAT THE PROPOSAL IS.

AND SO WE'RE CONCERNED THAT THINGS ARE HAPPENING AND WE'RE NOT BEING MADE AWARE OF THEM, AND THAT THINGS WILL CONTINUE TO HAPPEN.

AND SORRY, I'VE USED MY THREE MINUTES, BUT THANK YOU VERY MUCH FOR LISTENING.

THANK YOU. FINAL SPEAKER JOE. SAINT LUCAS.

JOE. SAINT LUCAS. POWAY. APRIL IS INTERNATIONAL PICKLEBALL MONTH.

OKAY, SO WHAT I WANTED NOT GOING TO TALK ABOUT THAT.

WHAT I WANTED TO TALK ABOUT IS WINDOWS. I SAY, OOH, THAT'S EXCITING.

AS A SCIENTIST, COUNCIL MEMBER DAYHOFF MAY KNOW A LOT OF THIS STUFF, BUT SINGLE PANE WINDOWS, YOU KNOW, JUST A NORMAL GLASS YOU GOT, YOU KNOW, LIGHT COMES IN, 4% OF IT GETS REFLECTED AWAY AND THE REST GOES THROUGH THE WINDOW TO INSIDE THE HOUSE. DUAL PANE WINDOWS, OF COURSE, HAVE TWO PANES OF OF WINDOW AND SEPARATED BY AN INERT GAS LIKE ARGON OR NITROGEN. AND THEY WILL REFLECT DOUBLE OR A LITTLE BIT MORE OF THAT AWAY.

SO IN THE EVENT OF FIRES YOU SOMETIMES HEAR ABOUT SINGLE PANE WINDOWS, FIRE COMES NEARBY.

WELL, THAT'S MOST OF THE HEAT AND EVERYTHING THROUGH AND CURTAINS RIGHT BY THE WINDOWS CAN CATCH ON FIRE.

DUAL PANE, A LITTLE BIT BETTER PROTECTION. AND THEY DO HAVE LOW EMISSIVITY COATINGS THAT YOU CAN PUT ON THE DUAL PANE WINDOWS THAT WILL REFLECT 30 TO 50% OF THE LIGHT AND EVERYTHING AWAY.

YOU KNOW, IT'LL REFLECT THE UV AND THE INFRARED LIGHT, THE NORMAL LIGHT THROUGH.

SO THAT'S COOL. NOW, WHAT OF IT? SO I'VE GOT A BUDDY WHO LIVES OUT IN THE FARM.

HE HAS A ONE FOOT BY 20 FOOT STRETCH OF GRASS.

ABSOLUTELY DEAD. THEY TRIED WATERING IT. THEY TRIED DOING OTHER STUFF TO IT.

IT WOULD NOT GROW. FINALLY, HE'S TALKING TO THE NEIGHBORLY LOOK OVER ONE DAY.

SUN'S REFLECTING OFF HIS DUAL PANE WINDOWS ONTO THE GRASS, BURNING A NICE PATH IN THE GRASS BECAUSE IT'S REFLECTING SO MUCH ENERGY AWAY. SO I STARTED LOOKING THAT UP A LITTLE BIT.

WINDOWS CAN REFLECT LIGHT, MAYBE GET UP TO 200 DEGREES WITH THE DIRECT SUNLIGHT, AND THEN THE AMOUNT REFLECTED IN VINYL WILL MELT AT 170 DEGREES. SO NOW ONCE ALL OF THESE PEOPLE DECIDE TO MAKE A VINYL FENCE FIVE FEET AND ONE INCH AWAY FROM THEIR HOUSE FOR ZONE ZERO. THINGS.

A LOT OF THESE SUCKERS MAY START MELTING. THEY MAY NOT BURN, BUT THEY MAY START MELTING.

NOW I'M JUST I DIDN'T KNOW ABOUT THIS. YOU KNOW, YOU HAD THAT FAMOUS HOTEL IN LAS VEGAS.

I THINK THE VDARA THAT WOULD REFLECT ALL ITS LIGHT ONTO THE SWIMMING POOL AND MESS THINGS UP.

BUT THIS IS JUST SOMETHING TO THINK ABOUT. WHEN WE GET HOUSES CLOSER AND CLOSER TOGETHER, WE GET MORE LIGHT REFLECTING.

WE MAY BE DAMAGING LAWNS, HOUSES, ETC. THAT'S IT.

THANKS. THANKS, JOE. THAT CONCLUDES OUR PUBLIC COMMENT THIS EVENING.

I'M MOVING ON TO THE CONSENT CALENDAR. I HAVE NO SPEAKERS ON THE CONSENT CALENDAR.

[CONSENT CALENDAR]

I'LL SECOND IT. REMEMBER. THIS IS A ROLL CALL VOTE.

WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER DAYHOFF.

AYE. COUNCIL MEMBER PIKIS A DEPUTY MAYOR MAYEDA.

AYE. MAYOR VOSS. AYE. ITEM PASSES. MOVING ON TO STAFF REPORTS.

[5. Resolution Approving an Amended Water Rights Agreement with the City of San Diego and Authorizing an Appropriation for Retroactive Replacement Water Charges for Calendar Years 2017-2025]

[00:15:04]

WELCOME, CARLOS. GOOD EVENING, MAYOR, HONORABLE MAYOR AND COUNCIL MEMBERS.

CARLOS CORTEZ, UTILITIES ADMINISTRATOR, POWAY PUBLIC WORKS DEPARTMENT.

I'M HERE BEFORE YOU TONIGHT TO PRESENT THE RESOLUTION APPROVING THE AMENDED WATER RIGHTS AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF POWAY.

I'D LIKE TO START WITH A BRIEF OVERVIEW OF THE PURPOSE OF THIS ITEM BROUGHT BEFORE YOU TONIGHT.

WE'RE SEEKING TO RESOLVE A 20 YEAR LAPSE IN SAN DIEGO'S ADMINISTRATION OF THE 1968 WATER RIGHTS AGREEMENT, WHICH WILL REFER TO AS THE 1968 AGREEMENT HEREAFTER.

THIS AGREEMENT WAS ENTERED BETWEEN POWAY AND THE CITY OF SAN DIEGO IN 1968, AND IT WAS INTENDED TO ADDRESS WATER RIGHTS ISSUES THAT SAN DIEGO CITED FOR THEIR SENIOR WATER RIGHTS WITHIN THE SAN DIEGUITO RIVER WATERSHED.

AND THIS TOOK PLACE WHEN POWAY WAS PROPOSING THE CONSTRUCTION OF POWAY DAM.

SO THIS ITEM APPROVES THE 2026 AMENDED AGREEMENT, WHICH HAS THE KEY UPDATES.

IT UPDATES MEASUREMENT METHODOLOGIES, RECOGNIZES CURRENT OPERATIONAL FACTORS, RESOLVES A BILLING DISPUTE OR BILLING LAPSE, RATHER THAT DATES BACK TO 1992. AND IT PROVIDES A MUTUAL WAIVER OF PRIOR CLAIMS. IF ALL THIS SOUNDS A LITTLE BIT DENSE, I'LL GET INTO THE DETAILS IN JUST A SECOND.

FIRST, I'D LIKE TO GO OVER THE A BRIEF HISTORY OF THE PERMITTING OF POWAY DAM FROM THE 1960S ON.

SO IN 1965, OR ROUGHLY THE MIDDLE OF THE 1960S, PALO MUNICIPAL WATER DISTRICT AT THE TIME, WHOSE LOGO IS SHOWN ON THE SCREEN, IDENTIFIED THE NEED FOR A LARGE BODY RAW WATER RESERVOIR TO EQUALIZE SEASONAL FLOWS AND TO PROVIDE FOR EMERGENCY STORAGE. AND THEY IDENTIFIED THE SITE OF THE POWAY DAM AND RESERVOIR AS A POTENTIAL SITE.

AND SO IN APRIL OF 1965, PPM APPLIED TO THE STATE FOR A DIVERSION LICENSE, WHICH IS THE THE PERMIT NEEDED TO BUILD IN-STREAM DAMS IN THE STATE OF CALIFORNIA. WITHIN WEEKS, MAY OF THE SAME YEAR, SAN DIEGO FILED A FORMAL PROTEST LETTER CITING THEIR SENIOR WATER RIGHTS WOULD BE IMPACTED BY THE CONSTRUCTION OF POWAY DAM.

AND SO THEY PROTESTED THAT CONSTRUCTION. THIS LED TO A FEW YEARS OF NEGOTIATING.

OF THE 1968 AGREEMENT, WHERE THE TWO PARTIES REACHED CONSENSUS ON CERTAIN TERMS THAT ALLOWED SAN DIEGO TO WAIVE THEIR PROTEST AND THE.

THE STATE OF CALIFORNIA THEN AUTHORIZED THE PRELIMINARY DIVERSION PERMIT, WHICH ALLOWED POWAY TO BUILD OR TO START CONSTRUCTION ON THE POWAY DAM IN 1969. THIS DIVERSION PERMIT WAS THEN SUPERSEDED BY THE LICENSE NUMBER 12155, WHICH WAS ISSUED TO POWAY IN 1986, AND THAT SUPERSEDES THE PREVIOUS WATER RIGHTS PERMIT.

IN THIS IMAGE ON THE SLIDE, YOU CAN SEE THE ACTUAL PROTEST LETTER, A SCAN OF IT THAT WAS SUBMITTED IN MAY OF 1965 BY THE CITY OF SAN DIEGO.

I THINK THIS THIS ITEM PROVIDES A RARE OPPORTUNITY TO TAKE A LOOK AT AND APPRECIATE THE WORK THAT WENT INTO CONSTRUCTING THE THE POWAY DAM.

SO I'VE PROVIDED A BRIEF SLIDESHOW HERE OF THE CONSTRUCTION, WHICH BOTH I BELIEVE STARTED AND ENDED IN 1971.

ON THIS IMAGE, YOU CAN SEE THE FUTURE PROPOSED SITE OF THE POWAY DAM.

WHAT YOU'RE LOOKING AT IN THE RIDGELINE IS YOU CAN SEE IN THE TOP RIGHT OF THE PHOTO IS WHERE THE FUTURE OF THE RAMONA DAM WOULD GO.

AND IN THE VALLEY IN THE MID-GROUND, YOU CAN SEE THE BLUE SKY TRAIL.

HERE WE CAN SEE THE OVERALL SITE ORIENTATION AND SOME OF THE INITIAL GRADING WORK.

WHERE THE DAM WOULD GO. HERE IS A PHOTO WITHIN THE ACTUAL BASIN OF WHAT IS NOW THE LAKE POWELL RESERVOIR.

AND YOU CAN SEE SOME EARTH MATERIALS BEING COLLECTED AND PROCESSED.

IT'S WORTH NOTING THAT A LOT OF THE MATERIAL THAT IS COMPRISING THE DAM.

THE EARTHEN FILL DAM CAME FROM WITHIN THE BASIN OF POWAY RESERVOIR.

I THINK THAT'S PRETTY COOL AND INTERESTING. HERE YOU CAN SEE SOME MORE EARTHWORK GOING ON.

I INCLUDED THIS PICTURE TO KIND OF GIVE A LITTLE BIT OF SCALE AS TO HOW EMBEDDED INTO THE FOUNDATION AND BEDROCK THE POWAY DAM IS.

YOU CAN SEE THIS CONSTRUCTION WORKER STANDING INSIDE OF A TRENCH THAT WOULD HOLD THE TAIL WORKS OR THE OUTLET STRUCTURE OF THE DAM.

IN THIS IMAGE, YOU CAN SEE THE COMPLETED POWAY RESERVOIR AND THE DAM, WHICH STANDS 130FT TALL IN THE DISTANCE.

[00:20:04]

AND HERE WE SEE THE NEWLY COMPLETED LAKE POWAY PARK, WITH SOME VERY YOUNG TREES AND THE LAKE FILLED FOR THE FIRST TIME.

AND JUST RECENTLY, IN THE LAST COUPLE OF YEARS, A PICTURE OF THE DAM AND LAKE POWELL RESERVOIR.

GETTING BACK INTO THE THE ACTUAL AGREEMENT ITSELF, THE 1968 AGREEMENT THIS AGREEMENT WAS WHAT KICKED, KICKED OFF THE THE PERMIT FOR THE CONSTRUCTION OF THE DAM.

AND SINCE ITS IMPLEMENTATION IT'S HAD MANY DIFFERENT ITERATIONS AND A LOT OF DISCREPANCY BETWEEN BOTH PARTIES, BUT IT'S FOUNDED ON THE CONCEPT OF REPLACEMENT WATER, IN WHICH POWER WOULD PROVIDE PHYSICAL WATER DELIVERIES TO SAN DIEGO AT THE SAN VICENTE RESERVOIR, WHICH IS PICTURED ON THE RIGHT. AND THESE TRANSFERS TO SAN DIEGO WOULD BE RESPECTIVE TO HOW MUCH FLOWS WENT INTO THE LAKE POWAY. AND THAT WAS TO BE MEASURED BY A PHYSICAL WEIR THAT WAS LOCATED IN THE STREAM BED UPSTREAM OF LAKE POWAY.

SO IN THEORY, THE WATER THAT FLOWED INTO LAKE POWAY WOULD THEN BE GRANTED BACK TO SAN DIEGO IN 1980.

THE CITY OF POWAY BECAME SUCCESSOR IN INTEREST TO THE MUNICIPAL WATER DISTRICT AND INHERITED THIS 1968 AGREEMENT.

AND OVER THE DECADES, FROM THE CONSTRUCTION OF THE DAM IN 1971, UP UNTIL ABOUT 1998, THE AGENCIES KIND OF HAD A LOT OF DISPUTES WHERE SAN DIEGO WOULD PROPOSE A VOLUMETRIC INVOICE TO POWAY, AND POWAY WOULD DISPUTE IT AND VICE VERSA.

BUT THE PARTIES DID COME TO CERTAIN AGREEMENTS THAT WERE IN THE SPIRIT OF THE ORIGINAL AGREEMENT, WHICH WERE TO MOVE TOWARDS HYDROLOGIC CALCULATIONS IN PLACE OF PHYSICAL METERING AND ALSO MONETARY PAYMENT IN LIEU OF PHYSICAL WATER DELIVERIES.

THIS AGREEMENT WAS ADMINISTERED ON A PRETTY FREQUENT BASIS UNTIL 1992, WHEN SAN DIEGO SENT ONE FINAL INVOICE AND THEN CEASED SENDING INVOICES. I'D LIKE TO NOTE THAT POWAY DID CONTINUE TO PROVIDE REPORTING MASS BALANCE DATA TO SAN DIEGO, EVEN THOUGH THERE WAS THIS LAPSE GOING ON. SO KIND OF THE CRUX OF THIS ITEM HERE IN 2018.

MOVING ON TO RECENT EVENTS IN 2018, STAFF IDENTIFIED HOW STAFF IDENTIFIED THAT THERE WAS A 26 YEAR LAPSE AT THE TIME.

NOW IT'S 30 PLUS YEAR ONGOING SINCE THERE HAD BEEN AN INVOICE AND NOTIFIED SAN DIEGO OF SUCH SPECIFICALLY, THE CITY ATTORNEY NOTIFIED OF SAN DIEGO'S CITY ATTORNEY'S OF, OF THIS DISCREPANCY OR THIS LAPSE.

AND EARLY ON IN NEGOTIATIONS, THE PARTIES AGREED TO SET 2018 AS THE BASELINE YEAR FOR GOING BACK RETROACTIVE BILLING.

AND THIS WAS BASED ON THE FOUR YEAR STATUTE OF LIMITATIONS.

AT THE TIME THAT THIS DISCUSSION WAS HAPPENING AND IN GOOD FAITH EFFORT, THE PARTIES AGREED TO KEEP 2017 AS THE BASELINE YEAR, EVEN AS NEGOTIATIONS SPANNED MULTIPLE YEARS. THIS WAS TO FOCUS ON SOUND NEGOTIATIONS RATHER THAN HURRYING TO CONTINUE MEETING A STATUTE OF LIMITATIONS. AND IN JANUARY OF THIS YEAR, THE FINAL TERMS WERE REACHED, REACHED CONSENSUS BETWEEN THE PARTIES AND THAT FEATURED A FEW KEY UPDATES WHICH I WILL GET INTO HERE AND KIND OF EXPAND ON IN A SECOND.

THE FIRST KEY UPDATE IS AN UPDATED METHODOLOGY FOR MEASURING THE INFLOW INTO THE LAKE POWAY.

AND THIS IS BECAUSE A METER WAS NOT IN PLACE.

SO THERE WAS A PROXY SETUP OF 1% OF LAKE HODGES INFLOWS.

WOULD BE USED TO ESTIMATE THE LAKE POWAY INFLOWS.

AND THIS IS BECAUSE OF THE RESPECTIVE DRAINAGE AREAS WHERE THE THEORY IS THAT LAKE POWAY OR THE, THE, THE APPROXIMATION IS THAT LAKE POWAY DRAINAGE AREA IS 1% OF LAKE HODGES DRAINAGE AREA.

ANOTHER STIPULATION OF THIS AGREEMENT UPDATE IS THAT LAKE OR THAT THE CITY OF POWAY IS REQUIRED TO INSTALL A METER IN THE UPSTREAM STREAM BED WITHIN THE NEXT FIVE YEARS SO THAT WE GET ACTUAL MEASUREMENTS OF THE INFLOW. AND HERE I'VE INCLUDED A PICTURE OR A MAP THAT SHOWS THE LAKE POWAY WATERSHED.

I KNOW IT'S A LITTLE BIT SMALL AND KIND OF FADED, BUT IN THE TOP LEFT OF THAT IMAGE, YOU CAN SEE LAKE POWAY, AND YOU CAN SEE THE RED SHAPE THAT SURROUNDS THE AREA.

THAT'S THE DRAINAGE BASIN FOR LAKE POWELL. IT'S ROUGHLY 2.44MI².

AND IN THIS LITTLE ORANGISH RED SQUARE, YOU SEE WHERE THE CURRENT CULVERT IS.

THAT WILL BE THE SITE OF THE CONSTRUCTION OF THIS METERING DEVICE.

THIS IS A PICTURE OF IT AS IT IS TODAY, BUT POWAY IS CURRENTLY IN THE PERMITTING AND DESIGN PROCESS TO REPLACE THIS AS A FOUR BY SIX BOX CULVERT WITH A METERING DEVICE, WHICH WILL COST SOMEWHERE IN THE BALLPARK OF 150,000.

AND THIS WAS BUDGETED INCLUDED IN THE COST OF SERVICE STUDY OR PROJECTS LIKE THIS WERE INCLUDED IN THE COST OF SERVICE STUDY AND THE FIVE YEAR RATE STRUCTURE.

[00:25:10]

ANOTHER STIPULATION OF THIS UPDATED AGREEMENT IS THE RETROACTIVE LUMP SUM SETTLEMENT OF THE AMOUNT OF 534,266.

AND THIS IS FOR 531 ACRE FEET THAT WERE ESTIMATED USING THAT 1% OF LAKE HODGES METHODOLOGY.

AND IT COVERS THE PERIOD OF 2017 TO 2025. SO IT CLEANS THE SLATE.

WE STAFF HAVE BUDGETED $92,400 IN FY 26 FUNDS.

SO WE ARE REQUESTING THE DIFFERENCE, WHICH IS $441,866 IN A FISCAL YEAR 26 APPROPRIATION, WHICH THIS RESOLUTION WOULD AUTHORIZE. THIS AGREEMENT ALSO ESTABLISHES A CREDIT MECHANISM THAT BENEFITS POWAY, WHERE WHENEVER WATER IS RELEASED BY THE HODGES DAM FOR THE NEXT TEN YEARS, ANY VOLUME OF THAT WATER WE ARE NOT REQUIRED TO REPLACE.

AND THIS IS BECAUSE IN THE 1968 AGREEMENT. WATER THAT PASSED OVER THE SPILLWAY OF LAKE HODGES DAM WAS NOT CONSIDERED FOR BENEFICIAL USE, AND SO IS NOT A RIGHT OF THE RIGHT HOLDER PER SE.

AND SO, BECAUSE THE HODGES DAM IS CURRENTLY UNDER AN ORDER TO KEEP THE ELEVATION LOWER, THE SPIRIT IS MAINTAINED THAT ANY RELEASES WILL BE STILL CREDITED.

FINALLY, THIS AGREEMENT REESTABLISHES THE BILLING CYCLE WHERE POWAY WILL PAY THE INVOICE DUE MARCH 15TH OF EACH YEAR.

I INCLUDED THIS SLIDE JUST TO KIND OF SHARE A VISUAL OF WHAT THIS 1% OF LAKE HODGES METHOD LOOKS LIKE.

AND AGAIN, JUST A REMINDER, THIS IS WHEN A METER IS NOT INSTALLED.

THIS IS THE METHODOLOGY THAT IS USED. AND IT'S ALSO THE METHOD USED TO CALCULATE THIS RETROACTIVE LUMP SUM.

WHAT YOU'RE LOOKING AT HERE IN THIS GREEN SHADED AREA IS THE SAN DIEGUITO RIVER SHED, WHICH EXTENDS FROM JUST ABOUT NORTHEAST OF JULIAN ALL THE WAY TO DEL MAR AND SOLANA BEACH AND THE AT THE OCEAN. IT'S A PRETTY BIG AREA, IF YOU CAN VISUALIZE THAT.

LAKE HODGES IS ABOUT MIDDLE LEFT OF THAT SCREEN.

AND THE, IN THEORY, THE MAJORITY OF FLOWS THAT ARE EAST OF LAKE HODGES WOULD HAVE FLOWN INTO LAKE HODGES.

AND IN THIS SMALL SQUARE IN THE BOTTOM CENTER, YOU CAN SEE THAT'S THE LAKE POWELL WATERSHED, WHICH I KIND OF SHOWED BEFORE. AND THIS IS ABOUT 2.44MI², WHICH WE'RE APPROXIMATING TO 1% OF THE LAKE HODGES WATERSHED, WHICH IS WHERE WE GET THAT METHODOLOGY. IN CONCLUSION, STAFF RECOMMENDS THE CITY COUNCIL APPROVE THE RESOLUTION ADOPTING THE AMENDED WATER RIGHTS AGREEMENT WITH THE CITY OF SAN DIEGO AND AUTHORIZING AN APPROPRIATION FOR RETROACTIVE REPLACEMENT WATER CHARGES FOR CALENDAR YEARS 2017 TO 25 FROM THE WATER FUND BALANCE IN THE AMOUNT OF $441,866, AND AUTHORIZING THE CITY MANAGER TO APPROVE NON-SUBSTANTIVE CHANGES AND EXECUTE THE AGREEMENT.

THIS CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR QUESTIONS. THANK YOU. CARLOS.

THANK YOU. GREAT PRESENTATION. GREAT OLD PICTURES, MAN.

COOL. WE HAVE NO SPEAKERS ON THIS ITEM. COUNCIL QUESTIONS? COMMENTS? PETER, I KNEW YOU'D HAVE ONE OR MORE.

FAIR ENOUGH. CARLOS. EXCELLENT PRESENTATION. I HAD SOME NOTICE THAT THIS WAS A GREAT PRESENTATION, AND YOU CERTAINLY DID NOT DISAPPOINT. I THINK YOU'VE RAISED THE BAR SIGNIFICANTLY FOR EVERYONE ELSE.

SO ACTUALLY FOLLOWING UP ON THOSE PHOTOS, IT'D BE NICE TO HAVE SOME OF THOSE HISTORICAL PHOTOS MAYBE PUT UP BY THE LAKE AT, YOU KNOW, THE BAIT BAIT SHOP OR SOMETHING LIKE THAT.

THAT MIGHT BE KIND OF COOL. WE CAN TAKE A LOOK AT THAT. YEAH. THANK YOU. SO I ALSO SAW SOME OF THE CONSTRUCTION THINGS AND I'VE SEEN WHAT GOES ON UP, UP AT THE LAKE RIGHT NOW. AND I DON'T THINK SOME OF THOSE WOULD BE UP TO OSHA STANDARDS WITH A PERSON IN THAT PIT.

ANYWAY SO I UNDERSTAND THE CONCEPT HERE. IT MAKES MAKES A LOT OF SENSE.

I DO HAVE A COUPLE OF QUESTIONS. SO THE OVERFLOWS OF LAKE HODGES DUMPS OUT A BUNCH OF WATER AND THAT AMOUNT OF WATER EXCEEDS WHAT WE'RE ACTUALLY TAKING INTO THE LAKE.

DO THEY PAY US MONEY OR DO YOU JUST GET A CREDIT? COUNCIL MEMBER DEHOFF. THEY DO NOT PAY US MONEY.

WE JUST GET A CREDIT. OKAY. SO THEY JUST LOSE THE WATER.

THAT WOULD HAVE BEEN THEIR RIGHT TO KEEP. ALL RIGHT, ALL RIGHT.

AND ACTUALLY, PERHAPS THE MOST IMPORTANT QUESTION I SHOULD HAVE ASKED THIS ONE FIRST BUT DOES THIS ACTUALLY RAISE OUR WATER RATES AT ALL? THIS PAYMENT HERE THIS, THIS PROJECT AND THIS AGREEMENT SHOULDN'T HAVE ANY IMPACT ON WATER RATES.

[00:30:02]

OKAY. IT'S GOOD YOU GUYS HAVE THAT FORESIGHT THERE.

SO THE LAST QUESTION IS ON THE OTHER SIDE OF THE DAM.

I REMEMBER I'VE BEEN DOWN THERE OCCASIONALLY AND THERE'S BEEN SOME WATER DOWN THERE.

IS THERE ANY THOUGHTS ABOUT LIKE PUTTING A METER ON THE OTHER SIDE BECAUSE THAT'S SORT OF FEEDING INTO THE WATERSHED AND TAKING THE NET OF THAT, OR I DON'T KNOW HOW MUCH WATER GOES DOWN THERE, TO BE HONEST. I JUST REMEMBER SEEING SOME WRITE.

THANK YOU FOR YOUR QUESTION, COUNCIL MEMBER. YES, THERE IS SEEPAGE THAT COMES OUTSIDE OF THE THE OTHER SIDE OF THE DAM, AS YOU'RE MENTIONING, KIND OF CREATES LIKE A PERENNIAL STREAM.

THE AVERAGE YEAR ESTIMATE BASED ON THE WATER IN LAKE POWELL AND THE SEEPAGE SOMEWHERE IN THE BALLPARK OF 34 ACRE FEET PER YEAR.

WHICH IN SOME YEARS, IN THE LONG RUN, AVERAGE WHEN IT WAS LOOKED AT IN THE LATE 90S, EXCEEDED THE 34 ACRE FEET PER YEAR OR THE SOME ROUGH NUMBER AROUND THAT.

THAT IS THE AMOUNT THAT RUNS INTO THE LAKE. WE DO HAVE A MEASURING WEIR AND SO WE DO TRACK THAT AND THAT'S PART OF OUR, OUR OUR OPERATIONAL DATA THAT WE, THAT WE WORK WITH.

BUT FOR THE PURPOSES OF THIS AGREEMENT, SAN DIEGO DID NOT FEEL THAT IT MEETS THE SPIRIT OF THE AGREEMENT.

I SEE IN PROVIDING THEM THE WET WATER OR THE MONEY OR THE OKAY, OR THE OR THE NET.

SO IT'S JUST WHAT GOES INTO THE LAKE. RIGHT. OKAY.

FAIR ENOUGH. THANK YOU VERY MUCH. MR. PRAKASH.

A FEW QUICK QUESTIONS JUST FOR THE BENEFIT OF EVERYBODY IN THE AUDIENCE.

A WEIR IS BASICALLY A LOW, LOW HEAD DAM, RIGHT? THAT'S CORRECT. COUNCIL MEMBER. YES. OKAY. I DID ACTUALLY HAVE A QUESTION WHEN I READ, FIRST OF ALL, READING ALL THESE DOCUMENTS, IT'S IT'S ALMOST LIKE A SOAP OPERA BECAUSE, YOU KNOW, WATER RIGHTS BASICALLY DEPEND UPON THE FIRST PERSON TO CLAIM IT.

AND YOU'VE ALL GOT TO, YOU KNOW, MAKE A DEAL WITH THEM.

AND WE DID FOR ONE HALF OF 1% OF OF WHAT GOES IN THE LAKE.

HODGES. BUT MY QUESTION, I GUESS, IS WE GET CREDIT FOR STUFF THAT GOES OVER THE LAKE HODGES DAM.

BUT HOW DO THEY MEASURE THAT? YOU KNOW, WHEN THEY JUST WHEN THEY WHEN THEY SPILL IT OVER, DO THEY MEASURE THAT AND TELL US OR DO WE TAKE THEIR WORD FOR IT? OR DO WE JUST GET A CREDIT FOR ALL OF IT OR. SO THE, THE CITY OF SAN DIEGO USES A MASS BALANCE EQUATION, HYDROLOGY, ESSENTIALLY BASED EQUATION TO CALCULATE HOW MUCH WATER THEY WERE SUPPOSED TO RELEASE AND HOW MUCH WATER THEY DID RELEASE.

AND A LOT OF THAT HAS TO DO WITH THEIR LAKE LEVEL MEASUREMENTS AND A FEW OTHER VARIABLES.

THAT'S PRIMARILY HOW THEY MEASURE UP THAT SIDE OF THE EQUATION.

THANK YOU. THAT WAS FAR MORE COMPLETE THAN I THOUGHT, AND I ALMOST REGRET ASKING FOR THAT.

BUT. ALL RIGHT. I'M, I'M HAPPY TO TO MOVE TO APPROVE THIS.

THIS IS A WELL RESEARCHED. AND I JUST GOT TO POINT OUT, WHEN I READ THIS REPORT IN THE FIRST TIME AND SAW THAT THE CITY OF SAN DIEGO NEGLECTED TO BILL US SINCE 1992, I WAS SHOCKED, BUT AT LEAST FOR IN OUR DEFENSE, WE ACTUALLY GAVE THEM DATA SO THEY COULD HAVE BUILT.

THEY JUST DIDN'T. SO I THINK IT'S A REFLECTION ON THEM TOO.

BUT THERE WE GO. I MOVE TO APPROVE. DEPUTY MAYOR MADE NOTHING.

I'M HAPPY TO SECOND IT. AND AS FAR AS SAN DIEGO NOT BILLING US, I WAS NOT SHOCKED IN THE LEAST.

WE HAVE A MOTION FROM COUNCIL MEMBER PICUS, A SECOND FROM THE MAYOR, TO APPROVE THE RESOLUTION ADOPTING THE AMENDED WATER RATES AGREEMENT WITH THE CITY OF SAN DIEGO AND AUTHORIZE AN APPROPRIATION FOR RETROACTIVE REPLACEMENT WATER CHARGES FOR CALENDAR YEARS 2017 TO 2025 FROM THE WATER FUND BALANCE IN THE AMOUNT OF $1,866 TO THE WATER SUPPLY AND STORAGE REPLACEMENT WATER AGREEMENT ACCOUNT FOR 020 6028 0070, SHOWN IN THE FISCAL IMPACT SECTION OF THIS REPORT.

THIS IS ROLL CALL VOTE. WILL THE CITY CLERK PLEASE CALL THE ROLL? COUNCIL MEMBER DEHOFF.

AYE. COUNCIL MEMBER PIKAS. AYE. DEPUTY MAYOR.

MAYOR ADA. AYE. AND MAYOR VOSS. AYE. ITEM PASSES.

THANK YOU. MOVING ON TO ITEM SIX DENSITY BONUS LAW OVERVIEW AND SUMMARY.

[6. Density Bonus Law Overview and Summary]

TAKE IT AWAY. ALL RIGHT. THANK YOU, MAYOR AND COUNCIL.

SO THIS PRESIDENT THIS IS JUST A, YOU KNOW, PRESENTATION.

NO, NO ACTION BEING REQUESTED AT THE COUNCIL'S REQUEST TO JUST TALK A LITTLE BIT ABOUT STATE DENSITY BONUS LAWS, WE SEE MORE AND MORE OF THESE PROJECTS LOCALLY AND AROUND THE STATE.

[00:35:02]

AND THERE'S A CHART WE'LL LOOK AT AT THE NEXT SLIDE IN A SECOND. HERE IT'S A MATHEMATICAL CHART IN THE STATUTE THAT BASICALLY SHOWS WHAT PERCENTAGE OF AFFORDABILITY WHAT AFFORDABILITY LEVEL. MEANING IF IT'S AT A VERY LOW INCOME, LOW INCOME MODERATE.

AND THEN THAT SPITS OUT YOUR BONUS DENSITY UNITS.

IT'S VERY MATHEMATICAL. IN ADDITION TO THE BONUS DENSITY, I THINK A REASON THIS HAS BECOME MORE POPULAR ACTUALLY.

AND I THINK THIS IS WHEN I STARTED MY CAREER, THIS IS KIND OF THE SIDESHOW OF DENSITY BONUS, BUT IS NOW THE MAIN EVENT, I WOULD SAY. ARE THE WAIVERS AND CONCESSIONS.

SO WE'LL GET INTO THAT A LITTLE BIT MORE. BUT THE SECOND YOU HAVE A DENSITY BONUS PROJECT, YOUR PROJECT GETS UNLIMITED WAIVERS FROM VARIOUS DEVELOPMENT STANDARDS AND THEN A CERTAIN AMOUNT OF CONCESSIONS RANGING FROM 1 TO 5, WHICH ARE NOT FROM PHYSICAL DEVELOPMENT STANDARDS, BUT SOMETHING THAT WOULD MAKE THE PROJECT MORE FINANCIALLY FEASIBLE.

THERE'S ALSO REDUCED PARKING RATIOS WITH CAPS ON THE MAXIMUM PARKING THAT CAN BE REQUIRED.

AND THEN THERE'S STREAMLINES OR MINISTERIAL REVIEW FOR CERTAIN PROJECTS THAT WE WE'RE NOT GOING TO TALK ABOUT THAT TODAY. ESSENTIALLY THE OTHER BENEFIT OF A DENSITY BONUS PROJECT FOR DEVELOPERS THAT IS, IS YOU STILL HAVE TO GO THROUGH SECRET REVIEW.

SO THERE'S SOME LEVEL OF DISCRETION, BUT ESSENTIALLY CANNOT BE DENIED.

YOU KNOW, FOR ANY OTHER REASON OTHER THAN SORT OF PUBLIC HEALTH AND SAFETY MATTERS.

SO THIS IS THE CHART I TALKED ABOUT. SO THIS IS KIND OF THE, THE HALLMARK OF DENSITY BONUS PROJECTS WHERE JUST, FOR EXAMPLE, YOU LOOK AT THE CHART ON THE LEFT, YOU HAVE 10% LOW INCOME UNITS.

YOU GET A DENSITY BONUS OF 20%. SO IF YOU'RE, YOU KNOW, BASE DENSITY WAS, LET'S SAY 50 UNITS AND YOU INCLUDED FIVE, FIVE AFFORDABLE UNITS, WHICH I THINK IS 10% UNLESS I'M DOING THAT MATH WRONG YOU WOULD GET A TOTAL BONUS OF TEN ADDITIONAL UNITS.

SO YOU CAN SEE HOW THAT CAN POTENTIALLY BE BENEFICIAL.

THE MAIN RULE IS THAT THE AFFORDABLE UNITS HAVE TO BE COMPARABLE TO THE MARKET RATE UNITS, AND KIND OF INCLUDED IN THE SAME PROJECT. THAT CAN'T BE TYPICALLY CAN'T BE SILOED SOMEWHERE ELSE AND SORT OF INFERIOR QUALITY, THAT KIND OF THING. WAIVERS IS THE, AS THE OTHER PART I REFERENCED EARLIER.

SO WAIVERS ARE, CAN I INTERRUPT? YEAH. COULD YOU GO BACK TO THAT PRIOR SLIDE BECAUSE YOU TALKED ABOUT THE LOW INCOME UNITS, BUT YOU DIDN'T TALK ABOUT THE VERY LOW INCOME UNITS.

THAT'S RIGHT. THAT'S A DIFFERENT PERCENTAGE. AND I WANT TO MAKE SURE WE NOTE THAT. YEAH. SO IT WAS VERY LOW IS A IS AN EVEN MORE AFFORDABLE TYPE OF UNIT.

YOU ACTUALLY HAVE TO ONLY, FOR EXAMPLE, TO GET THAT 20% DENSITY BONUS WE JUST TALKED ABOUT, YOU ONLY NEED 5% VERY LOW. AND AS I RECALL, IF I RECALL CORRECTLY, THE MCKEE ORCHARD SINGLE FAMILY PROJECT IN TOWN, I THINK THEY JUST HAD THE ONE VERY LOW HOUSE, WHICH WAS 5% OF THE HOWEVER MANY UNITS THERE WERE.

SO THEY GOT THAT THAT BONUS DENSITY. SO THAT THAT'S HOW THEY THAT'S HOW THEY WORKED IT.

IN THAT CASE, KIND OF MINIMIZE THE AMOUNT OF AFFORDABILITY, AFFORDABLE UNITS IN THE PROJECT.

ALTHOUGH THEY'D BE RESTRICTED TO, YOU KNOW, A LOWER LEVEL, MEANING A FAMILY WOULD HAVE TO QUALIFY AT A LOWER INCOME INCOME LEVEL.

AND, YOU KNOW, THERE'S COVENANTS THAT ARE ON THESE PROJECTS FOR, I BELIEVE, 55 OR 65 YEARS MAKING THEM AFFORDABLE FOR THAT LONG.

SO AND I SHOULD ALSO NOTE THAT FOR, FOR SALE PROJECTS, YOU CAN ACTUALLY DO MODERATE INCOME UNITS.

SO THERE'S A WHOLE NOTHER CHART THAT'S NOT ON THE SLIDES.

BUT THAT'S JUST FOR FOR SALE PROJECTS ONLY. WHAT WE WERE LOOKING AT IS FOR RENTALS.

SO WAIVERS ARE USED WHEN A SPECIFIC DEVELOPMENT STANDARD WOULD WHAT THE STATUTE SAYS PHYSICALLY PRECLUDE IN QUOTATIONS.

THE PROJECT FROM BEING BUILT AS THE SIZE AND DENSITY ALLOWED BY LAW AND PROPOSED BY THE DEVELOPER.

SO THE EXAMPLES OF, OF THINGS THAT CAN BE WAIVED ARE SETBACKS, FLOOR AREA RATIO HEIGHT AND THERE'S NO LIMIT ON WAIVERS DEVELOPER CAN REQUEST AS LONG AS THEY AGAIN ESTABLISH THAT IT WOULD BE PHYSICALLY IMPOSSIBLE TO BUILD THE PROJECT AS PROPOSED.

AND I THINK A BIG CHANGE IN THE LAW CAME NOT NECESSARILY A CHANGE, BUT A NEGATIVE CASE FOR CITIES.

AND THERE'S BEEN QUITE A FEW CAME OUT IN THE LAST FIVE YEARS BASED THERE'S A CASE OUT OF DEVELOPMENT IN BALBOA PARK WHERE THERE WAS A DENSITY BONUS PROJECT. THEY ASKED FOR SETBACK WAIVERS, SIGNIFICANT SETBACK WAIVERS, AND OTHER WAIVERS. CITY SAID, NO, YOU CAN JUST REDUCE YOUR INTERIOR COURTYARD AND YOU CAN EASILY FIT YOUR PROJECT DOESN'T PHYSICALLY PRECLUDE YOUR PROJECT AT ALL.

COURT FOUND NO, YOU ACTUALLY CAN'T DO THAT. IT'S THE PROJECT AS PROPOSED.

[00:40:02]

SO THAT, I THINK, HAS BEEN A BIG DEAL SINCE THAT CASE CAME OUT.

AND AGAIN, DENYING WAIVERS, YOU HAVE TO ESTABLISH THAT IT WOULDN'T HAVE THE EFFECT OF PHYSICALLY PRECLUDING THE PROJECT OR WOULD HAVE AN THAT'S A QUOTATION FROM THE STATUTE HERE. QUANTIFIABLE, DIRECT AND UNAVOIDABLE IMPACT BASED ON OBJECTIVE IDENTIFIED WRITTEN PUBLIC HEALTH OR SAFETY STANDARDS, POLICIES OR CONDITIONS AS THEY EXISTED ON THE DAY.

THE APPLICATION BASICALLY HAS TO BE A VERY, VERY SERIOUS HEALTH AND SAFETY SPECIFIC HEALTH AND SAFETY IMPACT THAT THERE'S NO WAY TO MITIGATE OR THE WAIVER WOULD OTHERWISE BE CONTRARY TO STATE AND FEDERAL LAW. I DON'T REALLY HAVE EXAMPLES OF WHAT THAT WOULD BE, BUT THAT IS IN THE STATUTE.

THE, THE SECOND BENEFIT OR THIRD BENEFIT, I SUPPOSE, OF DENSITY BONUS PROJECTS TO DEVELOPERS ARE CONCESSIONS OR INCENTIVES.

THIS IS ALSO A, YOU KNOW, A MATHEMATICAL EQUATION TO HOW MANY INCENTIVES OR CONCESSIONS THOSE TERMS ARE USED INTERCHANGEABLY ARE AVAILABLE.

AND THAT'S THAT CHART DOWN HERE. SO YOU GET ONE.

IF YOU HAVE 5%, VERY LOW INCOME, TWO, 10% AND SO ON.

AND THESE WOULD BE NONPHYSICAL DEVELOPMENT STANDARDS, BUT YOU KNOW, I THINK EXAMPLES HERE ARE LIKE JUST SORT OF MORE ESTHETIC REQUIREMENTS REDUCE PARKING, SORT OF IF THERE'S A REQUIREMENT THAT YOU GENERALLY HAVE TO HAVE SO MUCH PUBLIC OPEN SPACE OR AMENITIES, YOU CAN WAVE, YOU CAN GET RID OF THAT AND POTENTIALLY GET RID OF LIKE MIXED USE COMMERCIAL GROUND FLOOR RETAIL TYPE REQUIREMENTS THROUGH CONCESSIONS AND INCENTIVES.

THESE ARE A LITTLE BIT THEY'RE TOUGH TO DENY, BUT THERE'S STILL, THERE'S A LITTLE EASIER THAN WAIVERS.

WAIVERS IN THAT THE DEVELOPER HAS TO SHOW, YOU KNOW, AT LEAST PROVIDE SOME PROOF THAT, YOU KNOW, THE THE REQUESTED INCENTIVE WOULD PROVIDE ACTUAL COST REDUCTIONS.

I MEAN, IT'S NOT PROBABLY THAT DIFFICULT TO PROVIDE THAT INFORMATION FOR THEM, BUT THEY DO HAVE TO ACTUALLY PROVIDE THAT INFORMATION.

AND AGAIN, THESE CONCESSIONS AND INCENTIVES CAN ONLY BE DENIED ASSUMING THAT INFORMATION IS PROVIDED ON THE SAME RULES AS, AS WAIVERS, WHICH IS THE SPECIFIC ADVERSE IMPACT ON PUBLIC HEALTH AND SAFETY THAT CAN'T BE MITIGATED.

THE, THE LAST RULE I'LL GO OVER BEFORE HANDING IT OVER TO JULIE FOR SOME REAL WORLD EXAMPLES ARE THE MAXIMUM PARKING REQUIREMENTS.

SO YOU SEE THERE BASED ON, ON BEDROOM COUNT, THERE'S ACTUALLY A CAPPED AMOUNT OF PARKING A CITY CAN REQUIRE IRRESPECTIVE OF WAIVERS OR INCENTIVES GRANTED FOR DENSITY BONUS PROJECTS.

AND THAT THOSE ARE LISTED HERE ON THE SLIDE. AND THERE'S ALSO A NOTE THAT EVEN LESS PARKING CAN BE REQUIRED IF YOU'RE WITHIN A HALF MILE OF A MAJOR TRANSIT STOP, BUT THAT DOESN'T APPLY HERE IN POWAY. WE DON'T HAVE A WHAT'S DEFINED AS A MAJOR TRANSIT STOP ANYWHERE IN TOWN.

SO LUCKILY BECAUSE THAT WOULD ACTUALLY TRIGGER QUITE A, QUITE A BIT OF OTHER STATE LAWS WHERE SORT OF NUCLEAR OPTIONS WITHIN PROXIMITY TO TRANSIT.

SO THE, THE, THE LEGAL CLIMATE SORT OF, GENERALLY SPEAKING, SORT OF REFERENCED THAT BALBOA PARK CASE.

YOU KNOW, I WOULD SAY THERE'S A LOT OF CASES SORT OF GOING AGAINST CITIES WAY HCD IS VERY AGGRESSIVE ON THEIR GUIDANCE.

I WOULD SAY SOMETIMES THEY GO OUTSIDE THE LAW, IN MY PERSONAL OPINION, WITH THEIR SORT OF REGULATIONS AND GUIDANCE LETTERS WHERE THEY ARE INTERPRETING IT IN A WAY WHERE IT'S WRONG, BUT IT'S HARD TO CHALLENGE, ALTHOUGH YOU COULD. AND THEN THERE'S, YOU KNOW, AS IS TYPICAL FOR THE CITY, FOR MANY DIFFERENT TYPES OF CASES THE DECK'S A LITTLE STACKED IN THAT, YOU KNOW, WE WIN.

NOTHING HAPPENS OTHER THAN WE WIN. IF WE LOSE, WE HAVE TO PAY THE PLAINTIFF'S ATTORNEYS FEES.

IT'S KIND OF ALWAYS ALWAYS THE UNFORTUNATE SITUATION.

SO WITH THAT, I'VE JUST HANDED IT OVER TO TO JULIE.

SO GOOD EVENING. SO AS ALAN SAID, WE'VE REALLY ONLY HAD A HANDFUL OF DENSITY BONUS APPLICATIONS HERE WITH THE CITY OF POWAY. BUT WE THOUGHT IT WOULD BE HELPFUL TO GIVE YOU SOME REAL WORLD EXAMPLES OF HOW DENSITY BONUS LAW HAS BEEN USED HERE.

SO THIS IS THE APOLLO SENIOR HOUSING PROJECT.

THIS PARTICULAR PROJECT WAS ADVANCED THROUGH A DEVELOPMENT AGREEMENT WITH MERIDIAN ON A MUCH LARGER PROJECT, THE POWAY COMMONS PROJECT. AND A KEY GOAL OF THAT PROJECT WAS TO CREATE AFFORDABLE HOUSING FOR LOW INCOME SENIORS.

AND SO THIS PARTICULAR PROJECT PROVIDES 14 VERY LOW AND 29 LOW INCOME UNITS.

THE UNDERLYING DENSITY FOR THE AREA WHERE THE AFFORDABLE UNITS ARE LOCATED IS 35 DWELLING UNITS PER ACRE.

AND IT WAS CONSTRUCTED AT JUST UNDER 54 DWELLING UNITS PER ACRE.

HOWEVER, THE OVERALL POWAY COMMONS PROJECT WAS HAD A MUCH LOWER DENSITY.

[00:45:01]

54 PARKING SPACES ARE REQUIRED ARE WERE CONSTRUCTED AND THE STREET SETBACK ALONG POWAY ROAD WAS REDUCED FROM 10 TO 5FT, AS WELL AS SOME REDUCED SIDE YARD SETBACKS.

NOTABLY, THIS PROJECT WAS RELIEVED FROM THE REQUIREMENT TO CONSTRUCT A GROUND FLOOR COMMERCIAL ALONG POWAY ROAD.

SO A SECOND PROJECT THAT IS CURRENTLY UNDER CONSTRUCTION IS THE POWAY PASEO PROJECT.

AND THIS PROJECT WAS ORIGINALLY APPROVED IN 2018, AND IT STALLED DUE TO FINANCIAL ISSUES.

AND IN DECEMBER OF 2021, A REVISED PROJECT WAS APPROVED BY THE CITY COUNCIL.

THIS PROJECT INCREASED THE NUMBER OF UNITS FROM 53 UNITS TO 72 UNITS THROUGH INCORPORATION OF NINE UNITS, AFFORDABLE TO LOW INCOME HOUSEHOLDS. THIS PROJECT HAS A UNDERLYING DENSITY OF 35 DWELLING UNITS PER ACRE AND WAS CONSTRUCTED AT 45 DWELLING UNITS PER ACRE.

AND THE GOOD NEWS HERE IS HERE WE HAVE A SURPLUS OF 27 PARKING SPACES.

AND A PORTION OF THIS STREET SETBACK JUST ALONG THE EASTERN EDGE THERE WAS REDUCED TO A ZERO LOT LINE.

SO I THINK THIS IS IT'S IMPORTANT TO POINT OUT THAT THE IMPORTANCE OF DEVELOPING GOOD RELATIONSHIPS WITH OUR ARE A DEVELOPER CLIENT AND REALLY SPENDING TIME WITH APPLICANTS TO MAKE SURE THAT WHAT THEY DEVELOP MEETS THE CITY'S STANDARDS TO THE EXTENT WE CAN IN THIS CASE, YOU KNOW, MOST DEVELOPERS WANT TO DEVELOP SOMETHING THAT THEY'RE REALLY PROUD OF.

AND STAFF WAS ABLE TO WORK WITH A DEVELOPER TO KEEP THE SAME ARCHITECTURALLY PLEASING DESIGN AND ADD THESE UNITS.

AND THIS ALLOW THE, THE PROJECT TO BE ABLE TO MOVE FORWARD, BE FINANCIALLY FEASIBLE AND NO LONGER STALLED.

SO I MENTIONED WE'VE ONLY HAD A FEW DENSITY BONUS PROJECTS.

HOWEVER, YOU KNOW, THE GOAL OF THE DENSITY BONUS LAW IS TO CREATE AFFORDABLE HOUSING.

AND THE CITY'S PREFERRED MODEL HAS BEEN TO ACQUIRE SITES AND WORK WITH AFFORDABLE HOUSING DEVELOPERS.

AND THAT, AND THAT HAS BEEN QUITE SUCCESSFUL AS WE'VE BEEN ABLE TO PROVIDE AFFORDABLE HOUSING IN THIS CASE.

THE VILLA DE VITA PROJECT IS PROVIDES 40 TO VERY LOW INCOME UNITS AND 11 LOW INCOME UNITS.

AND THIS PROJECT IS SPECIFICALLY DEVELOPED TO HOUSE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.

SO USING SOME FLEXIBILITY IN THE STATE LAW FOR THIS PARTICULAR PROJECT BECAUSE IT WAS APPROPRIATE, THE NUMBER OF PARKING SPACES WAS REDUCED. THE ELIMINATION OF RV PARKING IN CARPORTS WAS INCLUDED IN THE PROJECT, AS WELL AS SOME REDUCED SETBACKS AND BUILDING SEPARATION.

IT'S NOTABLE THAT THIS PARTICULAR PROJECT, WHICH WAS A POWAY HOUSING AUTHORITY OWNED SITE, WAS ADVANCED AT YOU KNOW, MEETING THE UNDERLYING DENSITY.

HOWEVER, SOME OF THESE CONCESSIONS DID HELP TO MAKE THE PROJECT FINANCIALLY FEASIBLE.

AND A SECOND POWAY HOUSING AUTHORITY PROJECT, THE BRIGHTON PLACE PROJECT IS ALSO A POWAY HOUSING AUTHORITY OWNED SITE, 38 VERY LOW AND 38 LOW INCOME UNITS, AGAIN BUILT UNDER THE DENSITY.

SOME OF THE CONCESSIONS HERE INCLUDED REDUCTIONS IN PARKING FRONT YARD SETBACKS, STREET YARD SETBACK, AS WELL AS BUILDING SEPARATION. SO THESE ARE, YOU KNOW, THESE LAST TWO EXAMPLES WERE CITY DRIVEN PROJECTS.

AND YOU KNOW, WE, WE REALLY HAVEN'T SEEN ANY PROJECTS THAT HAVE MAXIMIZED THE ADVANTAGES AVAILABLE UNDER DENSITY BONUS LAW.

BUT THERE CERTAINLY HAVE BEEN THOSE, AND THIS IS AN EXAMPLE PROJECT FROM THE CITY OF SAN DIEGO THAT HAS MAXIMIZED THE DENSITY THE WAIVERS AND THE CONCESSIONS AVAILABLE. THIS PARTICULAR PROJECT IS 100% AFFORDABLE HOUSING PROJECT IN THE VALENCIA PARK NEIGHBORHOOD.

THE UNDERLYING ZONING ALLOWS FOR 24 UNITS AND 40FT OF HEIGHT.

BUT USING THE UNLIMITED DENSITY BONUS PROVISIONS OF THE LAW, THE NUMBER OF UNITS WAS INCREASED TO 114, ADDING THREE STORIES AND 33FT IN HEIGHT. THE SETBACKS WERE REDUCED AND THE DEVELOPER WAS RELIEVED

[00:50:03]

AND BECAUSE THIS PROJECT IS WITHIN A HALF MILE OF A MAJOR TRANSIT STOP, WHICH IS DEFINED AS A.

EITHER A RAIL STATION OR A BUS STOP WITH HEADWAYS OF 20 MINUTES, I'M SORRY, 15 MINUTES OR LESS.

SO IT COULD JUST BE A BUS STOP. NO PARKING WAS PROVIDED IN THIS PARTICULAR CASE, SO I THINK IT'S IMPORTANT TO NOTE THAT SOME OF THE CITIES THAT HAVE SEEN A GREATER NUMBER OF DENSITY BONUS PROJECTS AND HAVE, YOU KNOW HAD PROJECTS UNDER PARKED ARE EXPERIENCING PARKING AREA PARKING ISSUES IN THEIR DOWNTOWN.

BOTH LA MESA AND CARLSBAD ARE CURRENTLY IN THE PROCESS OF DOING PARKING STUDIES TO ADDRESS SOME OF THE ISSUES THAT THEY'VE, THAT THEY'VE EXPERIENCED AND LACK OF PARKING IN THEIR DOWNTOWN AREAS.

SO THIS CONCLUDES OUR REPORT. AND IT IS RECOMMENDED THE CITY COUNCIL RECEIVE THE REPORT.

AND ALAN AND I ARE AVAILABLE FOR QUESTIONS. THANK YOU.

WOW. WE HAVE ONE SPEAKER, ANITA EDMONDSON.

GOOD EVENING. WELL, THIS REPORT WAS EQUAL PARTS ENLIGHTENING AND FRIGHTENING.

BUT IT'S IMPORTANT FOR US TO HEAR, BECAUSE WHEN YOU UNDERSTAND HOW STATE HOUSING LAW INCREASINGLY FAVORS DEVELOPMENT OVER LOCAL CONTROL, YOU UNDERSTAND WHAT'S AT STAKE FOR COMMUNITIES LIKE OURS.

AND THAT BRINGS ME TO WHAT WE DO HAVE CONTROL OVER.

SO I'M GOING TO GO A LITTLE OFF TOPIC. WHAT WE HAVE CONTROL OVER RIGHT HERE, RIGHT NOW ON THE POWAY ROAD CORRIDOR.

SO THE VISION OF POWAY ROAD SPECIFIC PLAN IS STARTING TO TAKE SHAPE.

BUT AS I WALK DISTRICT TWO AND TALK TO RESIDENTS, I'M HEARING CONSTRUCTIVE FEEDBACK THAT PRESENTS US WITH AN OPPORTUNITY.

THERE'S NO FOCAL POINT, NO COHESION, AND NONE OF THAT DISTINCTIVE POWAY CHARACTER THAT YOU FEEL THE MOMENT YOU COME UPON OLD POWAY PARK.

WE CAN DO BETTER. AND THE ROADMAP ALREADY EXISTS.

SECTION FIVE OF THE ROAD SPECIFIC PLAN LAYS OUT A SUITE OF DESIGN ELEMENTS THAT WERE APPROVED WITH STRONG COMMUNITY SUPPORT BACK IN 2018 AND HAVE LARGELY BEEN JUST SITTING ON THE SHELF EVER SINCE. I CALL THEM THE MAGIC, THE TOUCHES THAT TURN A CORRIDOR INTO A COMMUNITY.

WE'RE TALKING ABOUT GATEWAY FEATURES AND WAYFINDING THAT ANNOUNCE YOU'VE ARRIVED SOMEWHERE SPECIAL PUBLIC ART AND MURALS.

IMAGINE PARTNERING WITH LOCAL SCHOOLS, LOCAL ARTISTS TO PUT POWAY'S CREATIVITY ON DISPLAY ALONG THE CORRIDOR.

MODERN STREET LIGHTING AND PLANTERS, REFRESHED HOLIDAY BANNERS AND FESTIVE LIGHTS, ENHANCED LANDSCAPING, CROSSWALKS AND SIDEWALK TREATMENTS THAT INVITE PEDESTRIANS TO ENJOY THE SPACE AND GO TO THE BUSINESSES NEARBY. SO THESE AREN'T JUST AMENITIES. THEY'RE THE DIFFERENCE BETWEEN A DEVELOPMENT ZONE AND A DESTINATION.

AND THE FEBRUARY 17TH COUNCIL MEETING, I CALLED FOR A HOLISTIC REVISIT OF THE POWAY ROAD SPECIFIC PLAN, AND I'M RENEWING THAT CALL TODAY. I'M ASKING THE CITY TO HOST A PUBLIC WORKSHOP.

SHOW THE PUBLIC WHERE POWER ROAD DEVELOPMENT STANDS TODAY AND TOMORROW, AND IDENTIFY CAPITAL IMPROVEMENT PROJECTS THAT WILL FUND THE UNLOCK THE CHARM AND CHARACTER THIS CORRIDOR WAS ALWAYS MEANT TO HAVE.

AND IF IT'S NOT AN ACTION ITEM COUNCIL TAKES UP TONIGHT.

YOU CAN BE SURE I WILL BRING IT FORWARD WHEN I AM ELECTED TO THE DISTRICT TWO SEAT IN JUNE.

THANK YOU. THAT CONCLUDES OUR SPEAKERS COUNCIL.

OUR TURN. PETER. THANK YOU. REGRETTABLY, I COULD TALK FOREVER ABOUT THIS, BUT I WON'T.

THANK YOU. ALAN. JULIE. IT WAS VERY DETAILED PRESENTATION.

SOBERING, REALLY, TO UNDERSTAND HOW SACRAMENTO'S ONE SIZE FITS ALL.

YOU KNOW THESE TOP DOWN MANDATES, CAN OVERRIDE WHAT LOCAL VOICES HAVE CAREFULLY TRIED TO BUILD OR ARE, OR BUILT OR TRIED TO BUILD. AND WE HEARD HERE, YOU KNOW, SOME STUFF ABOUT THE POWAY ROAD SPECIFIC PLAN, SOME GREAT IDEAS REFLECTIVE OF THE FACT THAT THAT, YOU KNOW, WHOLE PLAN CAME THROUGH A LOT OF COMMUNITY INVOLVEMENT.

IT'S PROBABLY WHY THAT SECTION IN THE ROAD SPECIFIC PLAN EXISTS.

A LOT OF THAT INPUT. BUT HONESTLY, THESE RULES THAT WE'RE TALKING ABOUT, THEY APPLY TO, YOU KNOW, THE ACROSS THE ENTIRE CITY. AND I'VE GOT ACTUALLY THESE NEWSPAPER ARTICLES THAT I'VE PRINTED OUT.

[00:55:03]

IT'S ACTUALLY HARDER TO PRINT THESE. THEY JUST SHOW UP IN MY NEWS FEED.

I SAVE THEM AND PRINT THEM OUT. AND SO YOU COULD, AND I'M SURE A NUMBER OF YOU ACTUALLY DO READ THE NEWSPAPER OR GO OUTSIDE THE CITY.

SO YOU COULD LEARN A LOT OF THE STUFF WE HEARD TODAY. BECAUSE THEY DO TELL A SIMILAR STORY.

BUT THIS PRESENTATION I THINK, DID A REALLY GOOD JOB OF DAYLIGHTING SOME OF HOW THE PROCESS WORKS FROM THE PEOPLE WHO ACTUALLY KNOW WHAT'S GOING ON.

AND THAT'S SOMETIMES THE PERSPECTIVE YOU DON'T GET FROM THE PAPERS. AND I THINK IT'S IMPORTANT FOR THE PUBLIC AND FOR THIS COUNCIL, PERHAPS ALSO FOR ANYBODY WHO MAY SIT UP HERE ONE DAY TO, TO REALLY TO UNDERSTAND THE LANDSCAPE OR THE REALITY OF WHAT THIS MEANS.

AND PART OF MY JOB IS ACTUALLY TO UNDERSTAND THIS.

BUT I LEARNED SOMETHING NEW EVERY DAY. AND I'VE, YOU KNOW, TONIGHT WAS NO EXCEPTION. I'VE GOT ACTUALLY SOME QUESTIONS WHICH I'LL PROBABLY NOT ASK IN PUBLIC. BUT I'LL ASK SOME QUESTIONS LATER ABOUT THIS.

BUT ANOTHER PART OF MY JOB IS ACTUALLY TO NEGOTIATE WITH DEVELOPERS DIRECTLY.

AND SO I'VE ACTUALLY SOUGHT OUT SOME OF THESE MEETINGS OUTSIDE OF WHAT WE DO IN THE COUNCIL. I'VE SAT DOWN WITH A COUPLE OF THEM AND I'VE GONE THROUGH SOME DETAILED EXERCISES, HYPOTHETICAL THINGS ON SPECIFIC PROPERTIES YOU KNOW, WORK THROUGH THEIR STRATEGIES TO GET THE IDEA OF WHAT THEIR APPROACH IS, THEIR VIEWPOINT. IT'S A LITTLE MORE NUANCED THAN WHAT WE HEARD HERE.

YOU KNOW, SOMETIMES THEY COME IN WITH A MIX OF THINGS FOR SALE AND RENTALS FOR MAKING THE MOST MONEY, BUT THE PURPOSE WAS REALLY TO UNDERSTAND THEIR PAIN POINTS, THEIR RED LINES, YOU KNOW, AND THEIR MOTIVATIONS.

BECAUSE THAT'S HOW I CAN GET US AS CLOSE, OR AT LEAST I FEEL LIKE CAN GET US AS CLOSE AS POSSIBLE TO OUR SHARED VISION OF SMART DEVELOPMENT IN POWAY.

AND I SEE THAT VISION IN THE LETTERS THAT I RECEIVE AND THE EMAILS THAT I RECEIVE, AND AT THE PREDEVELOPMENT CONFERENCES THAT WE HAVE WHEN PEOPLE COME UP HERE AND PEOPLE TALK ABOUT THAT. SO I CAN, YOU KNOW, I CAN SEE THAT MESSAGE AND IT'S PRETTY LOUD AND CLEAR.

BUT WHAT COMES ALSO BECOMES VERY CLEAR VERY QUICKLY WHEN YOU'RE TALKING WITH THESE DEVELOPERS IS THAT THERE ARE CERTAIN DEVELOPERS WHO'S WHO FOR WHOM THE DENSITY BONUS LAWS AND SACRAMENTO'S RULES TO BYPASS LOCAL CONTROL AREN'T LIKE A LAST RESORT.

IT'S IT'S LIKE THEIR BREAD AND BUTTER. IT'S LIKE THEIR BUSINESS MODEL, BECAUSE WHEN YOU'RE DOING SOME OF THESE MIXED MARKET RATE AND, YOU KNOW, LOW INCOME UNITS. THESE TYPES OF DEVELOPERS CAN MAKE SIGNIFICANTLY MORE MONEY THAN THEY CAN ON A STRAIGHT MARKET RATE BUILD.

IT'S BASICALLY THESE ARE LIKE LOSS LEADERS AND THEY GET THESE MASSIVE UNIT INCREASES AND THEY MAKE THEIR MONEY, YOU KNOW, ON THE BACK END AT THE END. AND I'VE ACTUALLY HAD DEVELOPERS OF ALL KINDS TELL ME DIRECTLY THAT THESE RULES THAT WE'RE HEARING ABOUT IN THEIR WORDS, IT'S THEIR GET OUT OF JAIL FREE CARD. AND IT'S LARGELY BECAUSE ACTUALLY THEY'VE HELPED TO WRITE THESE RULES UP IN SACRAMENTO.

AND THESE TYPES OF OPTIONS THAT THEY HAVE, THEY'RE ALWAYS, YOU KNOW, IN THE BACKGROUND OF ANY NEGOTIATION.

SOMETIMES IT'S, YOU KNOW, IMPLICIT AND SOMETIMES IT'S EXPLICIT.

I MEAN, THE HARM IN RANCH PROJECT WAS A CLEAR EXAMPLE OF THE LATTER.

NOW AT THAT TIME, MY TEMPER GOT THE BEST OF ME AND I DIDN'T EQUIP MYSELF AS WELL AS I COULD HAVE.

BUT TO EXPLAIN THINGS, YOU KNOW, TO, TO RECAP A LITTLE BIT IS THE GENERAL PLAN FOR THAT PARTICULAR SITE CALLED FOR ABOUT 59 UNITS AND THAT NUMBER WAS BACKED UP BY SOMETHING CLOSE TO ABOUT 100 YEARS OF COMBINED EXPERIENCE IN THE LEGAL AND DEVELOPMENT SERVICES SIDE.

PRACTICAL EXPERIENCE, REAL WORLD EXPERIENCE, AND THE EXPLICIT DENSITY BONUS ALTERNATIVE THAT WE ARE PRESENTED.

YOU KNOW, ON PAPER AND IN OPEN SESSION WAS A 90 UNIT PLUS LOT LINE TOWNHOME BUILD.

AND THAT WOULD HAVE OBLITERATED STREET PARKING ON OAK KNOLL ROAD.

BUT BECAUSE WE ACTUALLY HAD THE RIGHT DEVELOPER FOLLOWING UP ON WHAT JULIE WAS TALKING ABOUT AND THE RIGHT AND, YOU KNOW, COOPERATIVE PROPERTY OWNERS THAT WAS ABLE TO BE NEGOTIATED DOWN TO A, I THINK, ABOUT 63 SINGLE FAMILY HOMES WITH FULLY CAPTURED PARKING.

SO IT WAS ABOUT FOUR MORE HOMES. IT WAS A REAL IMPROVEMENT, YOU KNOW, OVER THE REAL ALTERNATIVE.

BUT TO BE HONEST, IT'S ACTUALLY IT'S ACTUALLY A DIFFICULT THING TO LOOK AT, YOU KNOW, NEIGHBORS, THEY'RE LIKE AN TIPS WHO SITS RIGHT NEXT TO THE PLACE AND, AND LOOK THEM IN THE EYE AND SAY, WELL, AT LEAST IT'S NOT A THREE STORY LOT LINE WALL THAT YOU'RE LOOKING AT, YOU KNOW BECAUSE, YOU KNOW, THE IMPACTS THAT, YOU KNOW, THAT THEY FEEL NO MATTER WHAT ARE REAL, BUT THOSE WALLS DO EXIST, YOU KNOW, THEY DO EXIST OUTSIDE OF POWAY. AND YOU DON'T HAVE TO LOOK VERY FAR.

YOU SEE THEM A LOT IN SOME OF THESE ADU UNITS.

AND I KNOW IT CAN, IT CAN FEEL DISCOURAGING. YOU KNOW, YOU LOOK AT YOU LOOK AT THE PRESENTATIONS HERE, YOU KNOW, YOU READ THESE, THESE HEADLINES, YOU KNOW, IT'S LIKE SAN MARCOS APPROVING CONVERSION OF VACANT RETAIL TO HOUSING SEVEN STORY APARTMENT OVER A, YOU KNOW, A, A HISTORIC BUILDING, YOU KNOW, 128 UNITS AN ACRE.

THIS IS A PARKING, YOU KNOW, ARTICLE ABOUT HOW YOU HAVE TO DO TIME PARKING AND RESIDENTIAL NEIGHBORHOODS.

[01:00:01]

HOUSING DEVELOPMENT WINS OVER FIRE CONCERNS. THIS IS 100 UNITS WITH 40 UNITS OF PARKING SPACES.

YOU KNOW, A PROVEN OVER NEIGHBORS CONCERNS. FIRE MOUNTAIN FAILED TO STOP A PROJECT APPEAL FAILS TO STOP A SIX STORY APARTMENT BUILDING, SEVEN STORY APARTMENT COMPLEX. YOU KNOW, THE LIST GOES ON.

BUT AND IT'S YOU CAN THINK LIKE THE CARDS ARE STACKED AGAINST YOU.

AND IN MANY RESPECTS, IT'S TRUE. BUT THERE IS, YOU KNOW, THERE IS A PATH FORWARD AND YOU GUYS ARE PART OF THAT PATH.

AND, AND IT'S ACTUALLY A TEAM EFFORT. AND WE'VE GOT OUR STAFF OVER HERE WHO'S ALIGNED WITH THE VISION THAT WE HAVE IN THE CITY.

AND THEY'RE OUT THERE, YOU KNOW, MAKING SURE YOU KNOW, DEVELOPERS UNDERSTAND WHAT'S, YOU KNOW, WHAT WE WANT TO SEE IN THE CITY. YOU'VE GOT A CITY COUNCIL THAT'S ALIGNED, TRYING TO MAKE SURE THAT WE'RE ABLE TO BE REFLECTIVE OF THE PEOPLE.

AND THE LAST PART OF THAT, AND MAYBE THE MOST IMPORTANT PART OF THAT IS THE PEOPLE.

YOU HAVE TO STAY ENGAGED IN THIS BECAUSE YOU ARE PART OF THE TEAM TO WHAT ACTUALLY MAKES THIS WORK.

AND I'VE SEEN THE PROCESS WE HAVE HERE IN POWAY WORK.

I'VE SEEN PROJECTS GET, YOU KNOW, MEANINGFUL IMPROVEMENTS BECAUSE OF THE PUBLIC'S INPUT, BECAUSE OF YOUR GUYS'S INPUT.

YOU KNOW, THERE'S MEANINGFUL IMPROVEMENT ALSO WHEN THERE'S FLEXIBILITY ON THE STAFF SIDE THAT THEY HAVE THAT THEY NEED TO ACTUALLY ACHIEVE THE VISION OF SOME OF OUR SPECIFIC PLANS. YOU KNOW, TO MAKE SURE WHATEVER WE'RE GETTING IS, IS, IS RIGHT SIZED AND IS RIGHT FOR POWAY.

BECAUSE BELIEVE IT OR NOT, AS ALLUDED TO HERE, YOU KNOW, HERE EARLIER, MOST DEVELOPERS ARE ACTUALLY HUMAN AND THEY ACTUALLY DO WANT TO HAVE COMMUNITY ACCEPTANCE AND, YOU KNOW, FOR THE RIGHT KIND OF DEVELOPMENT TEAM.

AND IT'S ACTUALLY THIS HARKENS BACK TO THIS, YOU NEED TO HAVE THE RIGHT KIND OF DEVELOPER.

PUBLIC ENGAGEMENT IS SOMETHING THEY ACTUALLY WANT TO WORK WITH. AND YOUR LETTERS AND YOUR EMAILS AND YOUR PRESENCE AT THESE PREDEVELOPMENT CONFERENCES THAT'S ACTUALLY REAL LEVERAGE. OKAY. AND I'VE WATCHED IT MOVE THE NEEDLE.

SO I ENCOURAGE YOU ALL TO STAY IN IT. YOUR VOICE AT THE TABLE IS ACTUALLY ONE OF THE STRONGEST TOOLS I HAVE.

YOU KNOW, IT'S ONE OF THOSE THINGS I CAN POINT TO. YOU KNOW, I CAN POINT TO YOU GUYS AND I CAN SAY, LISTEN TO THE PEOPLE. AND IT'S A VERY POWERFUL STATEMENT, YOU KNOW, TO BE ABLE TO SAY THAT. AND SO ACTUALLY, I'LL END ON THAT.

SO THANK YOU FOR YOUR ATTENTION. AND AND ACTUALLY LISTENING TO ME.

AND SO I'LL CLOSE. THANKS, MR. PINCUS. WELL, AGAIN, PETER SAID MOST OF THE THINGS THAT I WANTED TO SAY, BUT I WILL START WITH BY SAYING THAT THAT LAST SLIDE THAT JULIE PUT UP OF THE DEVELOPMENT IN VALENCIA PARK IS MY NIGHTMARE.

THAT IS THE ONE THING THAT TERRIFIES ME THAT I DO NOT WANT TO HAVE HAPPEN HERE.

AND SO. AS I'VE OFTEN REFERRED TO IT INTERNALLY AT OUR MEETINGS, IT'S A SOVIET CONCRETE BUNKER APARTMENT COMPLEX.

AND YOU KNOW, JUST LOOKING AT THAT PICTURE, THAT'S EXACTLY.

ANYWAY, I BRING THAT UP BECAUSE OFTENTIMES IT SEEMS, I MEAN, I'M SURE IT'S PERCEIVED BY THE PUBLIC IS THAT WE APPROVE SOMETHING THAT YOU'RE WONDERING, WHY WOULD WE APPROVE IT? AND THE ANSWER IS, IS THAT'S THE ALTERNATIVE.

SOMETIMES THAT IS THE FALLBACK POSITION. IF NOTHING WORKS.

AND I WANT TO BRING UP THAT SOMETHING WAS PUBLISHED IN OUR AGENDA.

MATERIALS FOR OUR CLOSED SESSION LAST WEEK WAS A LETTER FROM A DEVELOPER THAT WANTS TO DEVELOP A PRETTY, A PRETTY REASONABLE PROJECT, BUT IT MADE IT CLEAR THAT IF WE TURN IT DOWN, THEY COULD DO THAT.

AND SO THAT'S ONE POINT I WANTED TO MAKE. SECOND IS PETER AND ALAN AND POINTED OUT THAT HCD WAS AT THE HOUSING COMMUNITY DEVELOPMENT BOARD. THEY REALLY I'M NOT GOING TO SAY THEY HAVE IT IN FOR THE CITY, BUT USUALLY THE CITY DOES NOT PREVAIL UPON THEM.

AND I DON'T KNOW IF YOU'RE AWARE, BUT LAST YEAR THEY PASSED SB 79.

IT SAYS, YOU KNOW, IF YOU'RE WITHIN HALF A MINUTE, HALF A MILE OF A MAJOR TRANSIT STOP, ALL DEVELOPMENT RESTRICTIONS ARE OUT THE WINDOW AND HCG. HCG IS TRYING TO TAKE A VERY EXPANSIVE DEFINITION OF WHAT A TRANSIT HUB IS.

SO THAT'S CURRENTLY HAPPENING TOO. AND I HAD A QUESTION FOR ALAN.

I'LL GET TO THAT LATER. BUT I THINK AS ANITA HAD MENTIONED ABOUT THINGS THAT MAKE THE MAGIC HAPPEN IN THE CITY AND SHE MENTIONED FESTIVE HOLIDAY, FESTIVE HOLIDAY LIGHTING. AND I KNOW I'M A FEW MONTHS LATE ON THIS, BUT I NOTICED IT DURING THE DECEMBER TIME FRAME OF THE FESTIVE HOLIDAY LIGHTING ALL THE WAY ALONG POWAY ROAD, AND IT WAS WONDERFUL. I SHOULD HAVE CALLED IT OUT AND CONGRATULATED ERIC AND HIS PUBLIC WORKS PEOPLE FOR DOING THAT, BUT GOOD ON THAT. AND FINALLY QUESTION FOR ALAN ABOUT HISTORICAL DISTRICTS AND HISTORICAL BUILDINGS.

[01:05:08]

AND ALSO DENSITY BONUS PROJECTS ARE STILL SUBJECT TO SEQUA UNLESS THEY'RE 100% AFFORDABLE.

SO THE HISTORICAL RESOURCES IS GOING TO BE A TOPIC THERE.

SO IF YOU ARE DEMOLISHING AN HISTORIC RESOURCE, YOU'D HAVE TO MITIGATE YOU KNOW, ANY THE SAME YOU WOULD ANY OTHER PROJECT.

SO WOULD THERE BE A STRATEGIC ADVANTAGE TO HAVING MORE HISTORICAL STUFF THAN.

MAYBE. I HAD ONE MORE POINT AND IT LEAKED RIGHT OUT OF MY HEAD. I'M SORRY ABOUT THAT. IT BECAME HISTORICAL.

NO BACK TO PETER'S THING IS THAT, YOU KNOW, THERE ARE SOME VERY GOOD DEVELOPERS THAT ACTUALLY WANT TO BUILD A PROJECT THAT THEY CAN BE PROUD OF AND FEATURE IN THEIR BROCHURES AND THEIR POWERPOINTS. AND WE LIKE TO WORK WITH THEM.

SO AND THEN THERE'S OTHERS THAT JUST WANT TO BUILD HIGH DENSITY HOUSING.

WE HOPE THEY DON'T SHOW UP. THAT'S ALL. DEPUTY MAYOR MAYEDA.

I WANT TO GO BACK TO SOME OF THE BARE BONES OF THIS, BECAUSE THAT'S WHERE I GET A LITTLE BIT CRAZY.

LET'S START WITH TALKING ABOUT PARKING. MY UNDERSTANDING IS THE PARKWAY REQUIRES TWO AND A QUARTER SPACES PER TWO BEDROOM, TWO AND A HALF SPACES FOR THREE BEDROOM.

I THINK I'M RIGHT ON THAT. AND DENSITY BONUS LAW ONLY REQUIRES ONE AND A HALF FOR EACH OF THOSE CLASSIFICATIONS.

DOES THAT SOUND RIGHT TO YOU, JULIE? YEAH. ON THE DENSITY BONUS.

YES. BUT I DON'T KNOW. I DON'T KNOW THAT WE KNOW OFF THE TOP OF OUR HEAD WHAT'S REQUIRED ON THE SPECIFIC PLAN.

YEAH. SO SORRY. POWAY ROAD SPECIFIC PLAN THAT THAT'S ACCURATE.

YES. OKAY. AND DENSITY BONUS PARKING IS INCLUSIVE OF GUEST AND HANDICAPPED PARKING, IF I UNDERSTAND CORRECTLY. AND OURS IS NOT.

SO OUR PARKING REQUIREMENTS IN THE POWAY ROAD SPECIFIC PLAN ARE TWO SPACES FOR 2 OR 3 BEDROOMS PLUS ONE SPACE, ONE GUEST SPACE FOR BETWEEN FOUR UNITS IF IT'S ONE BEDROOM OR TWO UNITS IF IT'S THREE BEDROOMS. AND OBVIOUSLY WHAT I'M GETTING AT HERE IS IF SOMEBODY GOES THE DENSITY BONUS LAW ROUTE, A LOT OF THE PARKING GOES AWAY.

FAIR TO SAY. YES. SUBSTANTIAL REDUCTION IN PARKING.

THE REPORT ALSO NOTES THAT CONCESSIONS OR WAIVERS.

I STILL GET THEM CONFUSED. SO FORGIVE ME. CAN TOTALLY ELIMINATE SOME THINGS LIKE GROUND FLOOR RETAIL.

AM I RIGHT ON THAT? YES, THERE'S AN HCD OPINION THAT SAYS THAT ESSENTIALLY.

SO REALLY ONE OF THE, THE BUILDING BLOCKS OF OUR POWAY ROAD SPECIFIC PLAN OUT THE WINDOW.

IF SOMEBODY GOES DENSITY BONUS LAW. ANOTHER ONE, MY UNDERSTANDING IS THERE IS NO LEGAL BASIS TO DENY A REQUEST BECAUSE IT CONFLICTS WITH COMMUNITY EXPECTATIONS OR COMMUNITY CHARACTER.

RIGHT. I SEE HEADS NODDING. IT'S JUST BOGGLES MY MIND AND SCARES ME. WHAT WE'RE FACED WITH, YOU KNOW. MR. PIKE HAS MENTIONED WE HAVE A, A DEVELOPMENT PROPOSAL NOW WHERE THEY'RE DOING SOME SABER RATTLING ON DENSITY BONUS WHEN WHEN POWAY ADOPTED OUR POWAY ROAD SPECIFIC PLAN IN 2017, WE DID SO AFTER A HUGE AMOUNT OF COMMUNITY WORK COUNCIL WORKSHOPS, I THINK 17 TO 20 MEETINGS IN ALL, ALL DONE IN GOOD FAITH WITH THE REASONABLE EXPECTATION THAT THE STANDARDS THAT OUR COMMUNITY CRAFTED WOULD BE HONORED AND

[01:10:04]

I WANT TO TOUCH ON A FEW OF THE THINGS THAT I THINK ALAN MENTIONED.

CALIFORNIA LEGISLATURE HAS FUNDAMENTALLY REWRITTEN THE RULES SINCE 2017 AND 2019.

A B 1763 GRANTED 100% AFFORDABLE PROJECTS DRAMATICALLY INCREASED HEIGHT AND DENSITY BONUSES.

I MEANT TO TALK ABOUT HEIGHT. OUR 35 FOOT HEIGHT LIMIT OUT THE WINDOW, IF I'M NOT MISTAKEN, WITH DENSITY BONUS IN 2020, A B 2345 RAISED THE MAXIMUM DENSITY BONUS FROM 35% TO 50%, AND A B 2501 STRIPPED CITIES OF THE ABILITY TO REQUIRE DEVELOPERS TO DEMONSTRATE GENUINE FINANCIAL NEED BEFORE WAIVING LOCAL STANDARDS.

2023 AB 1287 INTRODUCED STACKED BONUSES CAPABLE OF DOUBLING ALLOWABLE DENSITY AND LOCKED THE MOST DEVELOPER FAVORABLE COURT RULINGS DIRECTLY INTO STATE STATUTE.

THEN THE COURTS FOLLOWED. IN 2019, ALAN MENTIONED BANKERS FEEL ONE BANKERS HILL 150 VERSUS CITY OF SAN DIEGO, RULED THAT A QUALIFYING PROJECT MAY WAIVE LOCAL DEVELOPMENT STANDARDS EVEN WHEN A FULLY COMPLIANT ALTERNATIVE DESIGN EXISTS.

MIND BOGGLING AND SCARY 2021 SCHREIBER VERSUS CITY OF LOS ANGELES PLACED THE BURDEN OF PROOF SQUARELY ON CITIES WHEN DENYING A DENSITY BONUS INCENTIVE, A BURDEN THAT IS, BY DESIGN, VERY, VERY HARD TO MEET.

SO POWAY DID NOTHING WRONG. WE PLANNED THOUGHTFULLY.

WE ACTED IN GOOD FAITH. WE BUILT A VISION FOR POWAY ROAD THAT REFLECTED OUR COMMUNITY VALUES.

WHAT CHANGED WAS SACRAMENTO BILL AFTER BILL RULING, AFTER RULING SYSTEMATICALLY NARROWING THE SPACE IN WHICH CITIES LIKE POWAY ARE PERMITTED TO GOVERN OURSELVES.

WE CAN'T PRETEND THAT THOSE CONSTRAINTS DON'T EXIST.

THAT'S WHY I'M PLEASED TO HAVE THIS ITEM ON THE AGENDA TONIGHT.

BUT THAT DOESN'T MEAN WE HAVE TO SURRENDER TO THEM WITHOUT A FIGHT.

I WANTED THIS REPORT BECAUSE I THINK IT'S REALLY, REALLY IMPORTANT THAT WE ALL THE CITY, CITY COUNCIL, RESIDENTS, BUSINESSES UNDERSTAND EXACTLY WHERE WE STAND SO WE CAN CHART THE MOST EFFECTIVE PATH FORWARD FOR THE COMMUNITY OF POWAY. SO I APPRECIATE THIS REPORT.

I THINK IT'S SOBERING. I HOPE THE CHIEFTAIN IS TUNED IN AND WE'LL WRITE ABOUT IT, BECAUSE I THINK IT'S SOMETHING THAT PEOPLE NEED TO KNOW AND CONSIDER AS THEY SEE THINGS MOVING FORWARD IN POWER. COUNCIL ANYTHING ELSE? ADDITIONAL COMMENTS? QUESTIONS? ANYTHING? NO.

ALAN. JULIE. THANK YOU. NOT A REPORT THAT I LOVE HEARING, BUT I THINK IT'S AN IMPORTANT ONE FOR US TO HEAR AND UNDERSTAND AND SPREAD THE WORD ABOUT. THIS IS JUST AN INFORMATIONAL ITEM.

SO WE CAN MOVE ON TO COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS.

[COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS]

ACTUALLY TWO THINGS. ONE REALLY BRIEF. SO I'D ENCOURAGE EVERYONE WHEN THEY HAVE ISSUES, THEY SEE LOOKING AROUND TOWN, YOU KNOW, YOU'VE GOT LIKE TRAILS THAT NEED A LITTLE MAINTENANCE WATER LINE BROKEN OR SOMETHING LIKE THAT. TO USE THE POWER APP.

AND I TELL PEOPLE WHO ASK ME THESE QUESTIONS A LOT BECAUSE IF IT COMES THROUGH ME, THEN IT GOES TO, YOU KNOW, CHRIS, AND THEN DOWN THE LINE TO WHOEVER NEEDS TO ACTUALLY FIX IT. AND IT TAKES EXTRA TIME. BUT IF YOU USE THE APP, IT GOES DIRECTLY TO THE PEOPLE. AND I ACTUALLY WOUND UP TESTING THIS MYSELF RECENTLY, AND IT WAS SORT OF ONE OF THOSE SECRET SHOPPER THINGS WHERE WHEN I WAS PUTTING IN MY NAME, I DIDN'T PUT MY WHOLE NAME IN THERE. ALTHOUGH, YOU KNOW, TO BE HONEST, I DON'T KNOW IF STAFF ACTUALLY KNOWS WHO I AM.

BUT I WAS TRYING TO BE, YOU KNOW, CAREFUL. SO I PUT IT IN THERE BECAUSE I WAS WALKING ONE, YOU KNOW, THE AVOCADO TRAIL A LITTLE BIT. AND I SAW SOME, YOU KNOW, FAIRLY SUBSTANTIAL RUT THERE. AND SO I PUT IT IN, YOU KNOW, I TOOK A LITTLE PICTURE AND I SORT OF, YOU KNOW, PUT THE PIN IN IT.

SO IF YOU WANT IT FIXED, PUT THE PIN IN IT. AND THEN ABOUT A WEEK LATER IT WAS, YOU KNOW, NICELY FILLED IN. AND SO I THINK IT REALLY SHOWS, IT WORKS.

SO THANK YOU VERY MUCH, ERIC, FOR YOU AND YOUR TEAM.

I'M PRESUMING YOU GUYS AND JESUS IS UNDER YOU.

I THINK DOING THAT WORK AND THAT'S A LOT BETTER, A LOT SMOOTHER.

AND SO I APPRECIATE THAT. SECOND ITEM ACTUALLY IS A COUNCIL INITIATED ITEM.

I WOULD LIKE COUNCIL CONSENSUS ON THIS IF POSSIBLE.

[01:15:03]

MAYBE THIS COUNCIL CAN GET SOME BETTER INFORMATION AS TO WHAT TOOLS WE HAVE. AND I'D LIKE FOR STAFF TO PREPARE A REPORT.

I RECOGNIZE THERE'S A NUMBER OF THINGS YOU GUYS HAVE, YOU KNOW, IN QUEUE, BUT I'M HOPING YOU GUYS CAN PREPARE A REPORT ON WHAT OUR CURRENT NOISE ORDINANCE ACTUALLY IS AND WHAT DOES IT REGULATE? HOW MODERN IS THAT? AND WHAT CAN BE DONE TO POTENTIALLY REGULATE OR MITIGATE THE, YOU KNOW, THE PICKLEBALL TYPE NOISE BECAUSE I FROM WHAT PEOPLE ARE SAYING UP HERE, YOU KNOW, IT TRAVELS REALLY FAR.

I MEAN, THERE WAS THAT ONE PERSON HAD THAT, THAT LIKE BULLSEYE TARGET THING RIGHT OVER THE FARMS AND IT WAS GOING OUT, YOU KNOW, LIKE 200, 400, 500, YOU KNOW, 1000FT OF WHERE THIS IS NOISE.

AND SOMEBODY ALSO, YOU KNOW, SUBMITTED SOME DOCUMENT SOME IT WAS LIKE A COUPLE WHITE PAPERS ABOUT PEOPLE, YOU KNOW, HAVING TO MOVE OUT OF THEIR HOMES AND YOU KNOW, MAYBE SELLING THEIR HOMES.

SO THERE'S, YOU KNOW, CERTAINLY POTENTIALLY SOME, YOU KNOW, ECONOMIC IMPACT. AND ALISON HERE WAS TALKING ABOUT THAT AS WELL JUST TODAY.

BUT WHAT I'D LIKE TO GET AN IDEA IS LIKE, IS, IS THERE ANYTHING WE CAN DO TO IMPROVE OUR NOISE ORDINANCE IN TERMS OF EITHER SETBACKS, IN TERMS OF YOU KNOW, TYPES OF IMPROVED SCREENING, YOU KNOW, REQUIREMENTS IN THAT REGARDS WHATEVER IS OUT THERE, BECAUSE I'M NOT AN EXPERT ON THIS. I ACTUALLY MADE SOME SUGGESTIONS INITIALLY THAT WERE TOTALLY WRONG WHICH IS NOT TERRIBLY SURPRISING.

BUT I'M NOT AN EXPERT IN THIS, JOE, I'M NOT A A PHYSICIST.

I'M A BIOLOGIST. SO THANKS FOR THE INFORMATION ON THE, ON THE WINDOWS.

BUT BACK ONTO THIS TOPIC. I'M HOPING I CAN GET A REPORT ON THAT AND HAVE AN IDEA, YOU KNOW, IF THERE'S SOMETHING THAT WE CAN DO, YOU KNOW, TO HELP PEOPLE OUT, I'M HAPPY TO SUPPORT THAT WITH ONE FRIENDLY AMENDMENT.

I'D LIKE TO SEE THAT NOT COME BACK UNTIL AFTER WE HAVE THE DISTRICT TWO SEAT.

SEE, THAT MAKES SENSE. I THINK WE NEED A FULL COUNCIL FOR THAT.

I'M FULLY SUPPORTIVE. I'LL DO THAT, TOO, JENNY.

GOOD. ALL RIGHT. PETER, ANYTHING ELSE? THAT'S IT.

THANK YOU. COUNCIL MEMBER. FIRST I WANT TO REITERATE WHAT PETER SAID ABOUT POWERAPP.

IT'S THE FASTEST WAY TO GET ANYTHING DONE BECAUSE THE CITY DOESN'T KNOW EVERYTHING.

SO IF YOU SEE SOMETHING THAT'S A ISSUE AND YOU PUT IT IN THERE, THAT'S THE FASTEST WAY YOU'RE GOING TO GET SOMETHING RESOLVED.

SO SECOND, I WENT TO TOOK A TOUR OF EDCO, HAVING BEEN ASKED TO VISIT FOR THE LAST YEAR.

FINALLY I HAD TIME AND STOPPED IN THEIR FACILITY UP IN ESCONDIDO.

I THINK PETER WAS THERE LAST YEAR SOMETIME. IT'S REALLY INTERESTING.

THEY'RE BIG ON RECYCLING. THEY SAY THAT THEY HAVE AN 85% EFFICIENCY ON RECYCLING, SO PRETTY MUCH 85% OF THE STUFF THAT GOES INTO YOUR BIN ENDS UP ACTUALLY GETTING RECYCLED. THEY MENTIONED SOMETHING CALLED WISH CYCLING, WHERE WE PUT STUFF IN THERE WE THINK SHOULD BE RECYCLED AND IT CAN'T BE.

BUT THAT HAPPENS. AND THAT'S PROBABLY BETTER THAN JUST THROWING OUT PLASTIC BOTTLES BECAUSE YOU'RE NOT SURE.

SO THERE YOU GO. BUT THEY DID SAY THAT TWO THINGS THEY'D RATHER YOU NOT PUT IN THERE.

ONE IS BATTERIES. THEY DO NOT BELONG IN RECYCLING BIN.

AND SO I'LL GET TO THAT LATER. BUT THAT CAUSES FIRES AND STUFF.

AND TWO IS DON'T BAG YOUR RECYCLING BECAUSE THEY GOT GUYS ON THE LINE THERE THAT WHEN THEY SEE THE BAG COMING DOWN, THEY HAVE TO LIKE, YOU KNOW, TAKE IT AND RIP IT OPEN AND DUMP IT OUT AND THEY MISS A FEW.

AND SO THAT'S THE BIGGEST WASTE PRODUCT OF THE RECYCLING PROCESS.

SO PLEASE DON'T BAG YOUR RECYCLING, JUST DUMP IT IN THE BIN.

AND THEY ALSO SAID IT DOESN'T HAVE TO BE PERFECTLY CLEAN AS HE DESCRIBED IT.

ONCE MY DOG LICKS THE PEANUT BUTTER JAR, IT'S GOOD ENOUGH TO GO IN THE RECYCLING BIN.

SO THERE YOU GO. THAT'S SO YEAH, RECYCLING. I VERY POSITIVELY IMPRESSED.

AND THEIR COMPOSTER, THEY ACTUALLY FERMENT THE STUFF INTO NATURAL GAS AND THEY PUMP IT BACK INTO SDG AND E SYSTEM.

AND SO THEY CALL THEMSELVES CARBON NEGATIVE. THEY'RE ACTUALLY PUTTING MORE NATURAL GAS INTO THE SYSTEM THAN THEY USE.

AND IT'S NOT CREATING GREENHOUSE GASES. SO THAT'S A BIG WIN.

THEY'RE VERY PROUD OF THAT. AND THEY ALSO MENTIONED, THEY ACTUALLY ASKED ME TO MENTION THIS TO YOU IS DON'T BAG YOUR COMPOST STUFF.

JUST PUT IT IN THE COMPOST BIN. SO PLEASE DON'T PUT IT IN BAGS AND DON'T PUT IN ANY LUMBER OR TREATED LUMBER OR ANYTHING OR NOTHING YOU WOULDN'T WANT ON YOUR ORGANIC GARDEN. ON THE FLIP SIDE, THEY SAY IF IT GROWS, IT GOES SO, YOU KNOW, GREASY PAPER TOWELS AND, YOU KNOW, FOOD WASTE AND ANYTHING ELSE LIKE THAT, OR YARD WASTE, PUT IT IN THERE.

[01:20:02]

NOT NOT SO GOOD ON THAT. AND FINALLY, WITH RESPECT TO BATTERIES, YES, THEY CAUSE FIRES.

BUT APPARENTLY IF YOU COLLECT THEM UP, YOU CAN TAKE THEM UP TO OUR HAZARDOUS WASTE FACILITY UP ON CROSSWAY CIRCLE.

I BELIEVE THEY'RE OPEN. WHAT, FIRST AND THIRD SATURDAYS? BETWEEN 9 AND 3 OR SOMETHING? NOT SURE OF THAT, BUT THERE'S DEFINITELY AN E-WASTE EVENT AND PAPER SHREDDING EVENT ON JUNE 20TH COMING UP.

SO YOU CAN FINALLY GET RID OF ALL YOUR OLD ELECTRONICS AND BATTERIES AND OTHER STUFF.

AND THAT CONCLUDES MY COMMENTS FOR TODAY. DEPUTY MAYOR.

MAY I HAVE A SAN DIEGUITO RIVER PARK JPA UPDATE.

THIS MONTH, WE DISCUSSED OUR CITIZENS ADVISORY COMMITTEE'S RECOMMENDATION TO ASK THE CITY OF SAN DIEGO'S PUBLIC UTILITIES DEPARTMENT TO RAISE THE WATER LEVEL AT LAKE HODGES BY 15FT. THAT ACTION WOULD BE SUBJECT TO THE STATE DIVISION OF SAFETY OF DAMS APPROVAL, AND IT WOULD DECREASE WILDFIRE RISKS AND SUPPORT A WILDLIFE CORRIDOR AND THE BIRD SANCTUARY. THIS RECOMMENDATION WAS UNANIMOUSLY APPROVED BY THE JPA.

SO WE WILL BE SENDING OUT A LETTER TO THE CITY OF SAN DIEGO SOON.

THANK YOU. MY TOUR OF EDCO A COUPLE YEARS AGO ALLOWED ME TO WIN A LONG STANDING ARGUMENT WITH MY WIFE.

SHE ALWAYS INSISTED THAT I NEEDED TO WASH OUT MY SMUCKER'S RASPBERRY JAM JARS BEFORE I PUT THEM IN RECYCLE, AND STEVE SOUTH WAS KIND ENOUGH TO TELL ME THAT WAS NOT THE CASE, BUT I STILL HAVE TO REMIND HER OF THAT EVERY DAMN TIME.

CHRIS. YOU'RE UP. JUST A QUICK SHOUT OUT TO MY

[CITY MANAGER ITEMS]

IT'S A JOKE. IT'S ANECDOTAL, THOUGH. HE'S. IT'S CLICHE, BUT SHE SHOWED UP ON DAY TWO, SO THAT'S A GOOD SIGN.

TOMORROW WILL BE DAY THREE. I'LL BE LOOKING FORWARD TO SEEING HER IN THE MORNING. SHE SHE'S A GREAT GET FOR US, A GREAT FIND. WE'RE SUPER EXCITED. AND THE WHOLE ROMANTIC THING ABOUT YOU COMING HOME TO THE TOWN THAT YOU GREW UP ON THAT'S THE STUFF OF A HALLMARK MOVIE.

SO I'M THRILLED YOU'RE HERE. LOOKING FORWARD TO IT.

AND SUPER EXCITED. SO, TRACY. WELCOME, ELLEN.

[CITY ATTORNEY ITEMS]

AND WITH THAT, WE THANK YOU FOR COMING. AND WE WILL RETIRE TO CLOSED SESSION.

* This transcript was compiled from uncorrected Closed Captioning.