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Date: May 21, 2024, 7:00 P.M. City Council Meeting
To: Honorable Mayor and Members of the City Council
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From: George Wu and Helen Wu, 11612 Creek Rd. Poway
Re: Underground Waiver (UW) 23-0002; a Request For a Waiver of the Requirement to Underground an Existing Overhead Pole and Utility Lines By Paying an In-Lieu Fee to Be Established By Resolution of the City Council
Recommendations: 1. Reject the Underground Waiver (UW) 23-0002-(see above).
2. Request that the City arrange a meeting with 4 property owners and SDG&E to complete undergrounding the entire system to satisfy SDG&E's goal.
Our recommendations are based on the following 3 issues:
(1) the facts (see Part A).
(2) the City staff misuse the resolution 91-003 to release Patel and the City staff's liability/responsibility if fire/accident were to happen (see Part B) (3) the City has been violating/denying the City Council Resolution No. P-04-93 for TPM 04-02 on November 15, 2005 approved (see Part C).
Part A: The facts
On Jan. 11, 2024, we sent a letter to the City Manager stating that "SDGE requires that electric power lines to serve MDRA21-028 must be underground along Creek Rd. This is an appropriate time to remove these overhead lines located in our neighbors' backyards." Unfortunately, the Manager did not respond to our letter. Instead, the City permitted the Patel (owner of 11624 Creek Rd.) to do the construction/grading under • SDG&E overhead power lines where CPUC has designated as HIGH FIRE THREAT ZONE (during the property without water supply) while we were out of town for about one month (3/9-4/8/24 ). The results are following:
1. The Patel's grader broke the SDG&E overhead lines located in the backyard of 11624 Creek Rd. and damaged the overhead transformer/electric equipment located in our backyard of 11612 Creek Rd. in mid-March 2024.This was confirmed by the SDG&E supervisor Jose Meza on 4-8-24. The same day, the owner of 11634 Creek Rd. Poway, Stan Richardson told Helen Wu that his wife saw the spark when the accident happened in mid-March 2024.
2. • When we arrived home on April 8, 2024( at about 1 :00P.M.), we found our entire home smelled of spoiled food and the power was out in our house. Our refrigerator was full of food and was spoiled and spoiled food liquids from the refrigerator spilled on the floor. ( see attachment of the Sheriff Deputy Humes 1 statement of 4/8/24 19:16 HRS). Then, on Apr. 22, 2024, we sent an email to City Manager and cc; Nilesh Patel for the above issues.
3. The grader admitted that he did not report to the City regarding the above accidents, but he complained that he was allowed to work in the rear of 11624 Creek Rd. where the SDG&E overhead power lines are too low.
4. According to City Engineer Tracy Beach on April 29, 2024's email, engineering inspector John Toliver had breached his duty to do an inspection, thus was not aware of the accident occurrence when it happened until we sent an email to the City Manager. The City started to find out several issues in the 11624 Creek Rd.'s construction after the City received our emails.(for detail, see the attachment of our May 06, 2024 letter to the City staff)
Part B: The Development Service Department not only cover up the above mentioned incident (Part A), but also abuse the resolution 91-003 and provide wrongful informations to the city council to justify deferring the requirement to underground an existing overhead pole and utility service by paying an in-lieu fee:
1. The City is aware of facts of the Aug. 2003 CREEK FIRE and that the rears of 11624, 11612 and 11570 Creek Rd. have been designated as HIGH FIRE TREATED ZONE by CPUC. The City is also aware of the incidents happening in the same area during March 2024, and that working under the overhead power lines is a high risk. However, to benefit Patel and release the staff's responsibilities, Director Robert Mainis requested the Mayor and Council members approve the above referenced application at an in-lieu fee. We wonder If fire/accidents happened, who will be liable? Are Mayor/Council members, the victims and/or the Poway residents/tax payers to take the responsibilities?
2. The Resolution 91-003 establishes many criterias to qualify the application for the waiver of requirement to underground utility services. However, the staff only says that "the total amount of existing overhead lines to be undergrounded on the subject property is less than 1,000 feet." This does not mean that the subject property meets other criterias established in the Resolution 91-003.
3. The AGENDA REPORT Discussion stated that "This would require the removal of an existing pole on the neighboring property to the northwest and the installation of a new pole near the southeast property line of Mr. Patel's property.
Access for SDG&E was a primary concern and ultimately, there was no acceptable design solution found." However, the City is still covering up the following facts (Part C) from the City Council which is the major reason why the . overhead power lines and poles still exist in the back yards of 11624, 11612 & 11570 Creek Rd., and still using the above statement as an excuse.
4. City has abused the authority to deny the SDG&E's goal by saying that "After coordination with San Diego & Election (SDG&E), City staff was informed the 2 ultimate underground service in the area will be connected from source line along Creek Road fronting the property and neighboring properties instead of across the rear yard of the project and neighboring properties, where the current overhead lines are located." Above shows that the City has been ignoring PUBLIC SAFETY and has been violating/denying The CONSTITUTION OF THE STATE OF CALIFORNIA of all people obtaining safety, happiness and privacy.
5. Director Robert Manis not only covers up the SDG&E Tariff 20 from Councils /Public, but also covers up the facts that, in 2004, McMillin Sewer project had already laid the conduits for electricity and cable along Creek Rd. in front of 3 properties. (see the attached photos}. Instead, the AGENDA REPORT states, as an excuse, that "The payment of the in-lieu fee does not absolve the property owner of the actual costs of the removal of the existing overhead transmission lines with the project property at the time the work is done." Part C: Since March 16, 2011, the City has been violating/denying the city council adopted Resolution No. P-04-93 for TPM 04-02 11570 Creek Rd. project on November 15, 2005:
1. The owners of 11570 Creek Rd. Poway are Paul Rexford and Betty Rexford, Betty Rexford was the former council member, but was recalled in 2010. One of reasons is she interfered with the city's administrative functions, such as the Development projects-.
2. To benefit the Rexfords, on 11.9.05, former Director of Development Service Niall Fritz created the "COVENANT OF IMPROVEMENT REQUIREMENTS FOR TENTATIVE PARCEL MAP 04-02", which state:
"The following IMPROVEMENT as required by Poway City Council Resolution of Approval P-04-93 must be undertaken within five (5) years of Parcel Map recordation:
A. Undergrounding of existing on-site overhead utility service shall be completed to the satisfaction of the Director of Development Services.
B. Plans, when required, shall be prepared by a registered civil engineer for the developer and approved by the City Engineer.
The TPM 04-02 filed RECORDER'S CERTIFICATE on 1 Sday of Mar. 2006.
However, the SDG&E overhead power lines still exist in the backyard of 11570 Creek Rd. Poway, the Rexfords' property.
CONCLUSION: Mayer and Members of the City Council should force the City staff to complete SDG&E's ultimate goal that underground service in the area will be connected from source lines along Creek Road fronting the property and neighboring properties as soon as possible because FIRE WILL NOT WAIT UNTIL FIRE HAZARD REMOVED. ~~ 3
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Dear Norman Hubbert, City of Poway Code Compliance Officer
RECEIVED
MAY Q 6 2024
City of Poway
Develo ment Services De t.
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Thank you for your email mentioning "John Toliver 858-668-4632" and that "John is doing the inspection on neighbors grading project". On April 29th 2024, Tracy Beach (Beach afterward), City Engineer, sent an email to notify us that John Toliver is currently on vacation and she has other inspectors monitoring the project in John Toliver absence. However, Beach did not mention who is the current inspector/phone number for MORA 21-028 project at 11624 Creek Rd. Clearly, Beach believes that it is not necessary to do the inspection for MORA 21"28 (our neighbor's projector). Therefore, Beach not only does not care that the inspector was not aware of grader breaking the SDGE overhead power lines, but also allows the grader to work alone, violate the code, no mention any inspector on site. If an accident happens during work, nobody can help the grader.
The following facts prove that the City of Poway abuses the authorities to issue permits/ create traps to the public and lie to the public by MORA 21-028:
1. On 4-24-24, we met with the contractor for grading the backyard of 11624 Creek Rd. He (we do not know his name) explained to us that due to the overhead power lines being too low, he broke the overhead power lines. The City is aware that the backyard is located on HIGH FIRE THREAT ZONE, ,SDGE overhead power lines are too low and there is no water in the property. However, the City still permitted the grader work in that area without inspection on site. Then, Beach stated that "I consider a private matter between you as neighbor and hope you can work with Mr. Patel to resolve", which means that the City only has authority to create traps without taking any responsibility. It is the same with the 2003 August CREEK FIRE, the City posted "CEDAR FIRE" to cheat the public instead of taking responsibility. This also shows that the City uses double standards to discriminate against Wus.
2. Beach's email stated that " Mr. Pater does have an adequate water supply in place for his demolition and grading activities." On 5-1-24, Mr. Patel (owner) admitted that the property has no water supply, but on 4-29-24, the City permitted him to use the FIRE HYDRANT located in front of our property if fire were to happen or need a lot of water supply. However, the dates of Patel demolition and grading activities were starting in March, 2024, when there was no water in 11624 Creek RD. Therefore, the water supply should be stolen from Wus' property (while Wus were out of town on 3/9-4/8/24 ). Clearly, Beach is supporting crimes and covering the facts from the public.
3. On 4-24-24 and 5-1-24, Patel used the hoses to get the water from ·the property across the Creek Rd. to store the water in the tank. Beach's email stated that ''That does not require a water connection to City infrastructure to be in place and operating." It means that the City has permitted Patel's hose to cross Creek Rd. and if the driver broke Patel's hose to cause flooding in Creek Rd., the driver needs to take responsibility, nothing to do with the City. Above facts prove that the city repeatedly creates the traps within Creek Rd. by MORA 21-028 project.
4. The City permitted the MORA 21-028 grading in the rainy season (March, 2024 ), __________ howev~r._the City did not request this project to do erosion control for neighbors. Beach's .. ,-:--· ·. . • • • -· • . .-.. -.. ·, ·•.
email stated "In response to your erosion concerns, I asked one of our inspectors to visit the property last Thursday. Friday morning I directed staff to place a stop work notice on the project until erosion control measures are installed per their approved plans." Beach took the erosion control order in response to our erosion concerns only, but ignored public safety. Clearly, Beach lacks the erosion control and safety knowledge, however, her position is the City Engineer of City of Poway.
5. Beach allowed the grader to work alone with no inspector onsite violating the Safety Code. If any accident happens during the grading, who will take the responsibility? Is it the Grader himself and/or the neighbors? Nothing to do with the City? Clearly, Beach has been ignoring the public safety regarding MORA 21-028, 11624 Creek Rd. project.
The above facts, are they the City's policies?
Cc: Chris Hazeltine
Jeff Chumbley
Andy Loperena
Tracy Beach
City Manager
Fire Chief , Fire Department
RECEIVED
MAY O 6 2024
Deputy Fire Marshal, Fire Department
City Engineer, Development Service Department
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