Cities Index.
Agenda packet

Poway City Council
March 15, 2022

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Agenda packet
Meeting
March 15, 2022
Body
Poway City Council
Pages
22
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designation; the cluster subdivision design enables the preservation of large blocks of natural habitat areas in permanent open space; and the subdivision design provides a public recreation trail.

B. The site is physically suitable for the type of development proposed in that the project has been designed to comply with the density limitations of the General Plan, hillside development standards, and requirements of the PMC.

C. The site is physically suitable for the density of the development proposed in that the lot sizes and configurations have been designed to make allowances for the steep topography of the site.

D. The design of the Map is not likely to cause substantial environmental damage or avoidable injury to humans and wildlife or their habitat in that the project development would not cause unavoidable adverse conditions to humans and the project is in compliance with the Poway Subarea Habitat Conservation Plan.

E. The Map is not likely to cause serious public health problems because City water, sewer, and drainage system improvements are required as a condition of approval.

F. The design of the Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision.

G. The Map will not create any unmitigated adverse significant impacts on the environment.

H. The grading plan for the proposed Map includes several cut or fill slopes that are 30 feet or greater, but not exceeding 40 feet in vertical height. The City Grading Ordinance requires City Council approval of all fill slopes of such height. The City Council finds that such slopes are reasonable and necessary to develop the Project, and therefore, such slopes are hereby approved.

SECTION 4: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows:

A The design and improvements of the Map are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below:
5 of32

1. Onsite and offsite drainage improvements will be provided for the increase in surface water runoff.

2. New fire hydrants will be required to serve the new development and provide fire protection.

3. Water and sewer fees shall be paid, and onsite and offsite improvements made to provide water and sewer service to the development.

4. Access to the site will be provided in accordance with City standards and to ensure adequate emergency access.

March 15, 2022, Item #10
Resolution No. 21-058

Page 3 ends

5. A public recreational trail will be provided through the project site to connect the existing public trail on Old Coach Road to the west of the site with existing trails to the south of the site in the Blue Sky Ecological Reserve, thereby providing a community wide recreational amenity.

SECTION 5: The findings in accordance with Chapter 17.50 of the PMC for VAR 21-003 are made as follows:

A. That there are special circumstances applicable to the property, and because of this, the strict application of the development regulations deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification in that a Biological Conservation Easement (BCE), which allows no natural vegetation removal or grading, exists on both sides of the street and the retaining walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought in that retaining walls will enable the construction of a gated entry that is similar to other projects in the immediate vicinity of the project site; and
C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity and zone in which the property is located in that the walls will be designed by an engineer and building permits will be required for construction; and D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that other properties in a similar situation may also request approval of a Variance and this Variance involves the unique circumstance of a BCE that exists on both sides of the street; and E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the property in that retaining walls are allowable in this zoning district and the walls will enable the construction of the gated entry and its turnaround area without grading into the BCE; and F. That granting the Variance or its modification will not be incompatible with the City General Plan in that the design of the walls will enable the planting of vegetation which will soften the appearance of the walls and minimize any visual impacts.

SECTION 6: The City Council hereby approves TTM17-005, as shown on the approved plans incorporated herein by reference and stamped as "Exhibit A" dated July 20, 2021 (Exhibit A hereinafter) on file with the Development Services Department, except as noted herein and subject to the following conditions:

A. The applicant shall defend1 indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims1 actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to TTM 17-005) and any environmental document or decision made pursuant to CEQA. The 6 of 32
March 15, 2022, Item #10
Resolution
No.
21-058 Page
4 City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.

In
the
event
of
such
election,
applicant
shall
pay
all
of
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs
.

In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
have
the
authority
to
control
the
litigation
and
make
litigation-related
decisions,
including,
but
not
limited
to
, settlement
or
other
disposition
of
the
matter.

However,
the
applicant
shall
not
be
required
to
pay
or
perform
any
settlement
unless
such
settlement
is
approved
by
applicant.

Notwithstanding
the
foregoing,
no
indemnity
shall
be
required
for
claims
resulting
from
the
exclusive
gross
negligence
or
willful
misconduct
of
the
City.

B.

This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
represented
on
the
approved
plans
stamped
"Exhibit
A"
and
on
file
at
the
Development
Services
Department.

If
actual
conditions
and
details
vary
from
representations
on
Exhibit
A,
the
approved
plans
must
be
changed
to
reflect
the
existing
site
conditions
and
proposed
project
details.

Any
substantial
changes
to
the
approved
plans
must
be
approved
by
the
Director
of
Development
Services
and
may
require
approval
of
the
City
Council
if
the
Director
of
Development
Services
finds
that
the
proposed
changes
do
not
substantially
conform
to
approved
plans.

C.

The
developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(Chapter

8.08 PMC)
requirements
that
govern
construction
activity
and
noise
levels.

D.

Prior
to
issuance
of
any
permit,
the
applicant
shall
(1)
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood;
and
(2)
the
property
owner
shall
execute
a
Covenant
Regarding
Real
Property
notarizing
and
recording
said
document.

In
order
for
the
City
to
prepare
the
Covenant
the
applicant
must
first
submit
a
legal
description
of
the
subject
site.

E.

The
conditions
for
the
project
shall
remain
in
effect
for
the
life
of
the
subject
property,
and
shall
run
with
the
land
and
be
binding
upon
future
owners,
successors,
heirs,
and
transferees
of
the
current
property
owner.

F.

Prior
to
Final
Map
approval,
unless
other
timing
is
indicated,
the
following
conditions
shall
be
complied
with:
7 of32

1. The
proposed
boundary
adjustment
shown
on
the
Tentative
Tract
Map
is
not
approved
as
a
part
of
this
entitlement.

Prior
to
Final
Map
approval
or
Grading
Permit
issuance,
whichever
occurs
first,
the
applicant
shall
submit
documentation
that
the
U.S.

Bureau
of
Land
Management
(BLM)
supports
approval
of
a
boundary
adjustment,
prior
to
the
City
processing
a
separate
Boundary
Adjustment
application,
which
will
be
submitted
and
paid
for
by
the
applicant.

If
the
BLM
does
not
support
the
boundary
adjustment,
it
shall
be
removed
from
the
Final
Map.

If
the
BLM
does
not
support
the
boundary
adjustment,
any
encroachment
of
agricultural
operations
off
the
HVR
site
shall
be
removed
before
Final
Map
approval
or
Grading
Permit
issuance,
whichever
occurs first.

The
area
shall
then
be
restored
to
natural
habitat.

If
the
BLM
does
not
support
the
boundary
adjustment,
prior
to
Final
Map
approval
or
Grading
Permit
issuance
whichever
occurs
first,
the
applicant
shall
submit
and
receive
approval
of
a
habitat
restoration
plan.

The
habitat
restoration
plan
shall
identify
interim
erosion
control
measures
necessary
because
of
the
encroachment
removal,
the
timing
of
habitat
restoration
March 15, 2022, Item #10
8 of32
Resolution No. 21-058

Page 5 ends

activities, and an appropriate restoration monitoring term. The habitat restoration plan shall be reviewed by the City's Consulting Landscape Architect. Review fees are the responsibility of the applicant.

2. The approval of TTM 00-02 established a Letter of Availability (LOA 291) to reserve sewerage availability for 41 Equivalent Dwelling Units (EDU's). A reservation fee in the amount of $27,519.20 was paid by the applicant and represents 20 percent of the sewerage connection fee in effect at the time the LOA was issued. LOA 291 will be reissued with the approval of this TTM and will be credited with the 20 percent payment.

Thirty percent of the sewer connection fees, in the amount of $41,278.80 shall be paid within 30 days from Final Map recordation.

Each residential lot shall pay its portion of the sewer connection fee in the amount of $1,678 prior to Building Permit issuance. The total balance of the sewer connection fee, $68,798.00, representing fifty percent (50%) payment, less previously paid lot portions, shall be paid no later than 36 months from recordation of the Final Map, unless otherwise granted a time extension to complete the project. Reference is hereby made to City Ordinance No. 83, codified as Chapter

13.08 PMC as to time extensions and for other particulars.

3. Within thirty (30) days after tentative map approval, the applicant shall submit in writing to the City's Planning Division that all conditions of approval have been read and understood.

4. This approval is based on the existing site conditions represented on the approved tentative map. If actual conditions vary from representations, the approved tentative map must be changed to reflect the actual conditions. Any substantial changes to the tentative map must be approved by the Director of Development Services and may require approval of the City Council.

5. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal.

6. The final map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. The appropriate map checking fee shall be paid by the applicant. The final map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, the Resolution of Approval as approved by the City Council, all other applicable laws, regulations and ordinances and shall be in substantial conformance with the approved tentative map. The applicant/developer shall cause the dedication of the following easements to the City and/or on behalf of the public, unless otherwise indicated:

March 15, 2022, Item #10
9 of32
Resolution
No.
21-058 Page
6 a.

An
easement,
a
minimum
of

20. 00
feet
wide,
for
each
new
public
water
line
or
new
public
sewer
line
located
outside
a
publicly
dedicated
street
right­
of-way,
shall
be
dedicated
to
the
City
. If water
and
sewer
lines
are
installed
parallel
with
each
other,
the
combined
width
may
be
reduced
to

30.00 feet.
b.

Open
Space
Easements
over
Lot
C.

The
Open
Space
Easement
referred
herein
are
for
general
open
space
use
and
shall
be
granted
to
the
City
of
Poway
and
to
the
Wildlife
Agencies.

Lot
B
and
Lot
C
shall
be
designated
in
the
Final
Map
as
"Open
Space
Lot
B"
and
11 Open
Space
Lot
C",
respectively.
(For
reference,
see
certified
project
EIR
on
file
with
the
City).
c.

The
project's
private
streets
shall
be
constructed
to local,
non-dedicated
rural
street
standards
and
depicted
on
the
final
map.

Applicant/developer
shall
obtain
approval
of
street
names
from
the
Development
Services
Department
Planning
Division
prior
to
Final
Map
approval.

Easements
shall
be
provided
to
areas
needed
for
fire
hydrant
installation
and
access,
the
dimensions
of
which
shall
be
determined
by
the
City
on
a case
by
case
basis
at
time
of
Final
Map
review.
d.

Access
and
general
utility
easements.

These
easements
are
needed
where
there
is
a
public
utility.

Access
easements
shall
include
maintenance
of
utilities
and
access
roads.

Dedication
of
these
easements
to
the
City
shall
include
the
right
to
assign
those
easements,
in
whole
or
in
part,
including
the
right
to
assign
to
telecommunications
companies
or
public
utility
companies
for
the
provision
or
expansion
of
such
services.
e.

Recreational
trail
easement(s),
the
width
and
location
of
which
shall
be
approved
by
the
Public
Works
Department
and/or
the
Development
Services
Department.

The
easement(s)
shall
be
consistent
with
the
trail
alignment
shown
on
the
TIM.

This
easement(s)
shall
be
dedicated
to
the
City
of
Poway
for
public
use
.

The
applicant
may
propose
an
alternative
alignment
for
the
trail
easement
after
recordation
of
the
Final
Map.

Any
alternative
alignment
is
subject
to
City
approval,
and
depending
on
the
extent
of
variation
in
the
alignment
shown
on
the
Tentative
Tract
Map
and
Final
Map,
an
alternative
may
involve
an
amendment
of
the
project
approval,
payment
of
processing
fees,
additional
environmental
review,
and
City
Council
action.

Should
the
applicant
propose
an
alignment
that
would
require
the
acquisition
of
an
easement
on
property
other
than
the
project
site,
the
applicant
shall
be
responsible
for
securing
such
easement(s).

Documentation
of
offsite
easement
acquisition
shall
be
required
with
submittal
of
the
proposal
to
the
City.

The
applicant may
satisfy
this
requirement
with
an
alternative
written
instrument
conveying
the
required
recreational
trail
or
trails
to
the
City,
in
a
form
and
manner
approved
by
the
City
Attorney.
f.

Drainage
easements,
if any.

The
easement,
a
minimum
of

20.00 feet
wide,
is
required
for
all
drainage
facilities
to
be
maintained
by
the
City
. The
City
shall
make
a
determination,
during
improvement
plan
and/or
Final
Map
review,
as
to
which
drainage
facilities
are
to
be
City-maintained.
g.

Flowage
easements,
if
any.

If
there
is
an
alteration
of
the
streambed
that
would
cause
the
100-year
floodway
inundation
to
extend
beyond
existing
flowage
easements,
appropriate
easements
shall
be
dedicated
to
the
corresponding
agency,
if
other
than
the
City
of
Poway,
prior
to
Final
Map
approval.

If
flowage
easement
is
to
be
maintained
by
the
City
of
Poway,
it
shall
be
dedicated
through
the
Final
Map.

March 15, 2022, Item #10
10 of
32 Resolution
No.
21-058 Page
7 7.

All
easements
and/or
rights-of-way
to
be
dedicated
on
behalf
of
the
public
and/or
to
the
City
of
Poway,
unless
otherwise
indicated,
shall
be
made
through
the
Final
Map.

8. A
note
shall
be
added
to
the
Final
Map
stating
that
each
lot
is
responsible
to
meet
storm
water
treatment
and
hydromodification
management
requirements
for
improvements
on
the
lot.

Also,
note
on
the
Final
Map
that
any
excess
capacity
provided
in
the
treatment/hydromodification
management
facilities
built
to
serve
the
overall
subdivision
will
be
shared
equally
among
all
parcels
within
the
subdivision.

9. Should
there
be
a
need
to
extend
public water
and
sewer
lines
for
the
use
of
any
parcel
in
the
subdivision
through
offsite
properties,
appropriate
easements
shall
be
dedicated
to
the
City
prior
to
Final
Map
approval.

10. Recordation
of
a
Private
Road
Construction
and
Maintenance
Agreement
shall
be
required
for
all
the
private
roads.

Additionally,
Lots
27,
28, 29,
and
32 are
required
to
join
any
existing
Private
Road
Maintenance
Agreement
for
existing
Las
Luces
Del
Cielo
or
not
oppose
the
inclusion
of
those
lots
in
any
future
Private
Road
Maintenance
Agreement
for
this
road,
by
covenant
to
be
reviewed
and
approved
by
the
City
Attorney
before
the
recordation
of
the
Final
Map.

Any
future
Private
Road
Maintenance
Agreement
shall
be
reviewed
and
approved
as
to
form
and
content
by
the
City
Attorney
prior
to recordation.

11. Covenants,
Conditions,
and
Restrictions
(CC&Rs),
or
an
alternative
instrument
approved
by
the
City,
shall
be
established
to
address
construction
and
maintenance
of
the
private
roads,
slopes,
drainage,
accesses
in
the
subdivision,
and
landscaping
improvements
in
the
public
rights-of-way
within
the
project
site.

Said
CC&Rs
or other
instrument
shall
be
reviewed
and
approved
by
the
City
prior
to
Final
Map
recordation.

However,
it
shall
be
permissible
to
exclude
Lots
27,
28,
29,
32,
and
41 from
any
proposed
Homeowners
Association
and/or
CC&Rs
at
the
applicant's
discretion
provided
that
maintenance
responsibilities
specified
above
are
ensured
by
some
other
mechanism
that
is
proposed
by
the
applicant,
and
approved
by
the
City.

12. Cause
the
dedication
of
a
general
utility
easement
to
the
City
for
public
water
and
sewer
lines
outside
the
limits
of
the
subdivision,
if
needed,
to
serve
the
southerly
parcels
with
offsite
access
to
and
from
Old
Coach
Road.

The
width
of
the
easement
shall
be
a
minimum
of

20.00 feet
for
each
utility
line.

If water
and
sewer
lines
are
installed
parallel
to
each
other,
the
combined
easement
width
may
be
reduced
to

30.00 feet.
13 .

A
mylar
copy
of
the
Final
Tract
map
shall
be
provided
to
the
City
within
3 months
of
its
recordation
or
prior
to
building
permit
issuance,
whichever
comes
first.

A
cash
deposit
to
the
City,
in
an
amount
equivalent
to
$100
.00
per
sheet
of
the
Tract
Map,
for
the
mylar
reproduction
of
the
recorded
Tract
Map
shall
be
posted.
(See
PMC

16.12.060
B
for
subdivider's
responsibility
to
provide
a
reproducible
mylar
copy
to
the
City.)

14. If
the
project
is
developed
in
phases,
the
public
improvements
associated
with
the
second
and
subsequent
phases
may
be
secured
with
a
lien
and
agreement
not
to
March 15, 2022, Item #10
11 of
32 Resolution
No
. 21-058 Page
8 convey
recorded
on
the
lots
within
the
corresponding
phase
, in
form
and
content
approved
by
the
City
Attorney.

The
foregoing
notwithstanding,
the
applicant
shall
be
entitled
to
convey
lots
to a
"related
party" for
estate
planning
purposes
provided,
however,
that
the
applicant
shall
at
all
times
maintain
a
controlling
interest
in
any
such
related
party
.

For
the
purposes
of
this
agreement,
"related
party"
shall
be
defined as
a
corporation,
limited liability
company,
partnership,
limited
partnership,
living
trust,
or
other
similar
organization.

The
term
"controlling
interest"
means
that
the
applicant
owns
at
least
fifty-one
percent
(51%)
of
the
stock
(if
a
corporation);
is
the
sole
managing
member
(if
a
limited
liability
company);
owns
at
least
fifty-one
percent
(51
%)
of
any
partnership;
is
the
general
partner
(if
a
limited
partnership);
is
the
settler,
sole
trustee,
and
at
least
one
beneficiary
(if
a
living
trust);
in
any
event,
where
the
applicant
controls
the
management
of
any
such
vehicle
for
ownership
of
the
lot
or
lots
being
conveyed.

The
lien
created
by
this
agreement,
and
the
covenants
and
agreements
set
forth
herein,
shall
be
null
and
void,
and
of
no
further
effect,
if the
applicant
replaces
this
agreement
with
such
form
of
security
that
meets
the
requirements
of
the
Poway
Municipal
Code
and
is
in
a
form
satisfactory
to
the
City,
in
its
sole
discretion.

15. Public
Improvement
plans
for
all
project
phases
shall
be
submitted
per
PMC
requirements
to
the
Department
of
Development
Services,
Engineering
Division.

Improvement
design
should
be
100%
complete
at
time
of
submittal
and
should
include
the
following
Public
Improvements:
a.

Private
streets
constructed
to
local
non-dedicated
rural
street
standards.
b.

Private
street
lights
placed
to
the
satisfaction
of
the
City
Engineer.
c.

A
public
sanitary
sewer
system
that
provides
adequate
capacity
for
all
proposed
lots.
d.

A
looped
public
water
system
and
related
appurtenances
(including
fire
hydrants,
service laterals,
air
releases,
etc.)
necessary
for
connecting
Lots
1-40
to
the
public
water
main
located
in
Old
Coach
Road
and
Las
Luces
Del
Cielo.
e.

A
recreation
trail
traversing
the
property
from
west
to
east
near
the
southern
boundary
of
the
subdivision
.
f.

The
improvement
plans
shall
include
all
necessary
construction
needed
to
install
the
improvements,
including
earthwork,
drainage
and
water
quality
facilities. If
the
public
improvements
are
installed
in
phases,
each
phase
of
public
improvements
shall
not
be
reliant
on
completion
of
subsequent
phases
for
proper
function.

The
looped
water
system
shall
be
installed
with
the
first
phase
of
public
improvements
.
16 .

The
Public
Improvement
plan
shall
be
approved.

The
applicant
shall
enter
into
a
Standard
Agreement
for
the
construction
of
public improvements
and
monumentation
for
the
work
to
be
done
as
part
of
the
Public
Improvement
plan.

The
applicant
shall
post
securities
for
monumentation
and
public
improvements.
17 .

Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of­
Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance
.

March 15, 2022, Item #10
Resolution
No.
21-058 Page
9 18.

Any
private
improvements
within
any
publicly
held
easement
or
right-of-way
may
require
an
encroachment
agreement
as
determined
necessary
by
the
City
Engineer.

All
necessary
encroachment
agreements
shall
be
approved
and
executed
prior
to
grading
permit
issuance.

G.

Prior
to
issuance
of
a
Grading
Permit,
unless
other
timing
is
specified:
12 of
32 1.

Applicant
shall
incorporate
Low
Impact
Development
(LID)
design
features
into
the
site
development.

These
shall
be
clearly
shown
and
identified
on
the
grading
and
improvement
plans
and
be
appropriately
sized
for
the
proposed
level
of
development.

2. Submit
a
precise
grading
plan
for
the
development
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer.

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
grading
design
shall
be
100%
complete
at
the
time
of
submittal,
ready
for
approval
and
issuance
of
permit.

Incomplete
submittals
will
not
be
accepted.

All
technical
studies
as
required
by
Title
16,
Division
Ill
of
the
PMC
shall
be
submitted.

3. Grading
of
the
project
shall
be
in
substantial
conformance
with
the
approved
Tentative
Tract
Map
and
in
accordance
with
the
California
Building
Code,
City
Grading
Ordinance,
City
Stormwater
Management
and
Discharge
Control
Ordinance,
SUSMP
and
the
EIR.

4. All
permits
from
applicable
resource
agencies
(RWQCB,
FEMA,
DFW,
etc.)
shall
be
obtained
for
proposed
work
in
the
existing
natural
channel.

5. Water
Quality
Control
-
Drainage
and
Flood
Damage
Prevention
A
drainage
study
addressing
the
impacts
of
the
100-year
storm
event,
prepared
by
a
registered
Civil
Engineer,
is
to
be
submitted
and
approved.

The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer.

6. Water
Quality
Control
-
Design
and
Construction
The
project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City
and
State
requirements.

A
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved.
a)
Provide
two
copies
of
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
Poway
Municipal
Code,
and
a
signed
PDF
version.
b)
Property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
accepting
responsibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
operation
and
maintenance
requirements
shall
be
binding
on
the
land
throughout
the
life
of
the
project
as
outlined
in
Chapter

16.104
of
the
Poway
Municipal
Code.
c)
Upon
approval
of
the
SWQMP,
provide
a
PDF
version.

March 15, 2022, Item #10
Resolution
No
. 21-058 Page
10 7.

Water
Quality
Control
-
Construction
Storm
Water
Management
Compliance
11 Proof
of
Coverage"
under
the
General
Permit
for
Discharges
of
Storm
Water
Associated
with
Construction
Activity
(Construction
General
Permit,
2009-0009-
DWQ,
as
amended
by
order
2010-0014)
shall
be
provided
to
the
City,
along
with
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(SWPPP).

8. Grading
securities
shall
be
posted
with
the
City
prior
to
grading
plan
approval
per
PMC

16.46.080
.

A
minimum
cash
security
of
$2,000
is
required
in
all
instances
.

9. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule.
10 .

Following
approval
of
the
grading
plans,
posting
of
securities
and
fees
,
and
submittal
of
three
cop
ies
of
the
approved
plans
to
the
City,
the
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services.

The
scheduling
request
shall
be
submitted
on
a
City
standard
form
available
from
the
City's
project
engineer.

The
applicant's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion,
sediment
and
pollution
control
will
be
discussed.

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector
.
11 .

Prior
to
start
of any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of­
Way
Permit
shall
be
obtained
from
the
Engineering
Division.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance
.

Any
offsite
easements
required
to
serve
the
subdivision,
including,
but
not
limited
to,
utility
services
and
access
shall
be
recorded.
12 .

Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading.

As
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
author
ized
to
practice
surveying
and
delineated
with
lathe
and
ribbon
.

As
applicable,
provide
two
copies
of
a
written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans.

13. Public
Improvement
plans
shall
be
submitted
to
the
Engineering
Division.

Improvement
design
should
be
100%
complete
at
time
of
submittal
and
should
include
the
Public
Improvements
previously
described
in
this
report.

H.

Prior
to
Building
Permit
issuance,
unless
other
timing
is
indicated,
the
following
conditions
shall
be
satisfied.

These
conditions
may
be
modified
or
added
onto
conditions
that
may
be
imposed
for
the
approval
of
DR
or
MORA.
13 of
32 1.

Recordation
of
the
final
map
for
Tentative
Tract
Map
No
. 17-005.

If filed
in
multiple
units,
the
portion
of
the
final
map
of
the
unit
in
which
the
property
seeking
a building
permit
is
located,
shall
be
recorded.

2. The
site
shall
be
developed
in
accordance
with
the
approved
grading
plans
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein.

Grading
of
lots
shall
be
in
accordance
with
the
California
Building
Code,
the
City
March 15, 2022, Item #10
14 of
32 Resolution
No
. 21-058 Page
11 Grading
Ordinance
, the
approved
grading
plan,
the
approved
soils
report,
and
grading
practices
acceptable
to
the
City.

3. Erosion
control
shall
be
installed
and
maintained
by
the
developer
annually,
from
October
1 to
April

30. The
developer
shall
ma
intain
all
erosion
contro
l dev
ices
throughout
their
intended
life.

4. Applicant
shall
obtain
a
Grading
Permit
and
complete
rough
grading
of
the
site
.

The
grading
shall
meet
the approval
of
the
Engineering
Inspector
and
the
project's
geotechnical
engineer.

Following
completion
of
rough
grading, please
submit
the
following
:
a)
Three
copies
of
certification
of
line
and
grade
for
the
lot,
prepared
by
the
engineer
of
work
.
b)
Three
copies
of
a
soil
compaction
report
for
the
lot,
prepared
by
the
project's
geotechnical
engineer.

The
certification
and
report
are
subject
to
review
and
approval
by
the
City
.

5. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of­
Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

6. Water
Quality
Control
-
Design
and
Construction
The
project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City
and
State
requirements.

A
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved
.
a)
Provide
two
copies
of
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
Poway
Municipal
Code,
and
a
signed
PDF
version
.
b)
Property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
accepting
respons
ibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
operation
and
maintenance
requirements
shall
be
binding
on
the
land
throughout
the
life
of
the
project
as
outlined
in
Chapter

16.104
of
the
Poway
Municipal
Code.
c)
Upon
approval
of
the
SWQMP,
provide a
PDF
version
.

7. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance
.

8. If the
project
is
developed
in
phases
with
the
public
improvements
associated
with
the
second
and
subsequent
phases
secured
with
a
lien
and
agreement
not
to
convey
recorded
on
the
lots
within
each
phase,
for
the
second
and
subsequent
phases
a
written
request
to
release
the
lien
and
agreement
not
to
convey
must
be
submitted
and
the
release
granted
by
the
City
for
each
lot
prior
to
issuance
of
a
building
permit.

The
release
of
the
lien
and
agreement
will
be
granted
after
the
public
improvements
for
the
prior
phase
are
completed
and
accepted
by
the
City
Council.

The
foregoing
notwithstanding,
the
applicant
shall
be
entitled
to
convey
March 15, 2022, Item #10
Resolution No. 21-058

Page 12 ends

lots to a "related partt for estate planning purposes provided, however, that the applicant shall at all times maintain a controlling interest in any such related party.

For the purposes of this agreement, "related party," shall be defined as a corporation, limited liability company, partnership, limited partnership, living trust, or other similar organization. The term, "controlling interest," means that the applicant owns at least fifty-one percent (51%) of the stock (if a corporation); is the sole managing member (if a limited liability company); owns at least fifty-one percent (51 %) of any partnership; is the general partner (if a limited partnership); is the settlor, sole trustee, and at least one beneficiary (if a living trust); in any event, where the applicant controls the management of any such vehicle for ownership of the lot or lots being conveyed. The lien created by this agreement, and the covenants and agreements set forth herein, shall be null and void, and of no further effect, if the applicant replaces this agreement with such form of security that meets the requirements of the Poway Municipal Code and is in a form satisfactory to the City, in its sole discretion.

I. Prior to issuance of a Certificate of Occupancy:
15 of 32

1. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.

2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed, and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground.

3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector.

4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets and improvements caused by construction activity from this project.

5. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks prior to a request for occupancy is recommended.

March 15, 2022, Item #10
Resolution No. 21-058

Page 13 ends

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2oth day of July, 2021 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

ATTEST:
16 of 32

MULLIN, FRANK, GROSCH, LEONARD, VAUS
NONE
NONE
NONE
Steve Vaus, Mayor
-
March 15, 2022, Item #10
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~~~~~~- G 20--6/M- 02: 2/ 25/2022 4:05. 14 Pl.'
T.M. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS BJ: 1950-6322 GRADING PLAN NO. G15-0011
'#11MO.-"-:'=-=a -..o.e- .CA ••:t1_....,..-,..ao70
March 15, 2022, Item #10
...a.
\0
0 -+i
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N
UN£ DATA
NO. BEARING DISTANCE
LI NJ9"5-4'59"W 26J.08'
L2 N4714'10T 91.57'
lJ Nll6t>0'09"W 114.22'
u N4714'10T 77.76'
LS N60"JJ'06"W 40.99'
L6 NJ2"211'4l"W 159.07'
L7 NOJ76'71"W r71.99'
LB N21'42'JIIT 192.12'
L9 N41 '00'r J"E 17J.78'
LIO Nll679'J6T 74.19'
LIi N8679'02"W ll1.7J'
Ll2 N1612'05"E 56.BJ'
LIJ N49'29'22"E 90. 77'
Ll4 N02'J9'5J"£ 2Ul4'
LIS N49'29'22"E f21.40'
ll6 N77'SO'J5"W 72.52'
Lil N27'5.J'21"W IJS.70'
Lill Nllll'44'59"W IJB.76'
LIii N10'27'01°£ 176.48'
L20 N67':S9'58"£ 19/J.67'
L2I Nllll'09'49"W 205.59'
L22 N41'J6'J9"W 68.JS'
l2J N70'49'48"E IJ0.75'
L24 N58'20'56"E 117.M'
L25 N70'59'25"£ 50.06'
L26 N46'.f25YW 70.M'
L27 N45"J8'Jrw 40.51'
L28 NJ6'56'44"W 115. ◄ J'
L29 N60'40JO"W 212. IO
LJO N5575'Jll"£ 181.50'
LJI N89'22'16"W 222.15'
LJ2 N29'J7'25"W BO.SJ'
LJJ N59"0J'50"E J9.1.f'
L.34 Nll1'07'20"W .f0.8J
LJ5 N54'27'!8"£ 24.52'
LJ6 N7917'56"£ 169.17'
LJ7 N2J10'47"W 186 . .f5'
LJIJ NIJ".fl'l0"£ I64.J4'
LJ9 N7ll".f9'JS"E 87.82'
uo NJ2"45'1J"W 5J.92'
UI N77'57'12 £ 56 . .fl'
L42 N78"07'25"W .f9.0J'
UJ N89'27'51"£ 92. 70'
L44 N70'J6'50"E 144.82'
us Hll2'J6'.f1 "E 80.22·
U6 Nlllltl6'JJ"W IOI.Bl'
U7 N69'41'2l"W 19.09'
L48 NM'220J"E 41. 72'
L.f9 N27'J5'0!"£ JJ.58'
LSD N27'20'JJ"£ 115.05'
L51 N89',f9'50"W 2.J4'
L52 N89",f9'50"W 19.61'
L~J N21·s1rsrE 1-f5.65'
L5.f N03'21'48"E 27.62'
LS5 N20'56 '19"£ 200.80'
L56 N0070'10"£ 60.00'
L57 N72'25'J.f"E 107.25'
L58 NJ678'11"£ 71.85'
L59 N2-f1 ◄ '22°W 89.J1'
L60 N8-f'2J'J5"W 19/J.60'
L61 N26'2l
0 26°W 71.02'
L62 N27'J9'20"E 25.97'
L6J N64"02'26"£ 28.96'
CURVE 0ATA
NO. RADIUS DELTA .ti. ARC
Cl 25-f.00' 0817'57" 36.79'
C2 146.00' ,f6',f5'.f!" 119.16'
CJ 272.00' 12"39'42 60.11
C,f 22.00· 120'J,f'J7" 46.JO'
cs 212.00· 74'28'46" 275.58'
C6 120.00· 6217',f2 IJ0.47'
Cl 90.00' 45'09'16" 70.93
CB 100.00' 467J'J7" 80.68'
C9 200.00· 46'46'31" 163.27'
/ ' ,,,✓-/-- -- -- -
~
' ' ----•-llallY' =~~-- \ ~ -- J - HOnl'48°£ z7;ez•
I A~~ • _l - - _::-...,- ~
I I _1..- I
I \-------nl1Y I I r.uepr,OIJIIC.C- I
I IIMalleia:- I
I - AS I I OC Ml I
\ I
, -1£--.:t1airt.• I
' •D--,OOC I
',,: .... ,UJIJI E •~//
--
~~q~~~~- 0
~'-:a~-S
20-6/l,l- 0312/15/2021 W: 111:JO AN
MAP NO .

CITY OF POWAY TRACT NO. 17-005

HIDDEN VALLEY RANCH
SHEET

INDEX MAP
J OF 16 SHEETS
41 15.JO .. U'
I
I
I
I
)
I
1,-
SCALE: If"• 200'
~
..._
~
3i
~ (/) 1/.Jj
,:A _L__ _.,l?~-/'-
7, 41 ~
rm
·-·~ /;.{
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- \
10J"IQJ
~ ----f!L. ___ _
~ ./ LOT
.·•7'.•!~ ~
-~............ 41
'/ J05.886 AC
IJ,J2-f,J75 SF -, --., - /
- - - __ _/' @ ::-'::C,,~~~t,:::~:-=Tfl.OaGIEWODT
(l) #OCAl£S CJOISIWG CONSf)IIYAJION CASCIICNT. IICC. 12/20/10 AS DOC. HO. 20!~0702.f.U , O.R. \ (D ..:A18 IIRllrA- JIIIM -~IEI ,_, AOCUIEI ~ ~
cm \ ~
--:::: ~ ~-- ~ I; ~:
--::::--.. .N ' -
\
CID
CII
Cl2
CIJ
Cl.f
C15
Cl6
Cl7
Cl8
Cl9
C20
C21
C22
C2J
C2-f
C25
C26
C27
C2B
C29
CJO
CJI
CJ2
c.,J
CJ-f
C.35
7000' 1WJ4'-f8" IJ6.JJ'
,f/S, 00' 110·•2•25• M.88'
200.00· 28'09'18° 9/J.2B'
115.00' 15•44'J.4" 31.60'
100. 00· 21'56'J6" JB.JO'
IJ0.00' l8'2S'2r -fl.lJO'
IIJ0.00' 24'40'39 77.SJ'
122.00· !!0'211'42" 107,,fB'

80.00' !ll"JJ'5.5" 127.85'
229.00' -f8'-fr56· 1115.04'
IJ0.00' 80',fll'OO l&J . .J.f'
256.00 27'42'08" 12J.77'

18.00' 7ll'JJ5.5" 2-f.68'
2-f8.00 2J'2556" 101.42'
212.00· 88'3127 J27.55'
2-f8.00' l5'-f51ll 64.19'
-f811.oo· 36'07'2:,· J07.67'
100.00' 9178-fS l59.J7'

75.00' J9',f8'50" 52.12'
200.00' ,f,f'25'22· 155.06'
100.00' 2-f'SO'JB" ,fJ,J6'
216.00' 20'21'26" 76. 7-f'
111-f.OO' 6816',f,f" 231.19'
216.00' 2r45 2s· 104. 70'
194.00 27'5529" 11-f.55'
216.00 70"04 IS" 26-4.16' ~ .... oJ;;5 -<
N82'59'46"E
__,...
2·
.• o·
0 100 200 «JO
CJ6 19-f.00' 611'2356" 2Jl.59 '
600 BOO 1000 CJ7 16-f.00' 9574•50• 273.11'
.-.-
'
CJ8 20.00' 5,f•JJ.JtJ" 19.05'
CJ9 .f2.00' 99'20'18" 72.82'
SCALE: 1 • • 200' C.fO 1000.00' IB'JJ'J6" 32J.9J'
T.M. 17-005 W.O. 0020-6 CCS 27: J10-1761 CCS BJ: 1950-6J22 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
N
0 0
-II
w
N
MAP NO.

CITY OF POWAY TRACT NO. 17-005

HIDDEN VALLEY RANCH
SHEET 4 OF 16 SHEETS
Nl744'4.J"£

15.J0.33'
FD 2" BRASS DISC 1H
2 1/2" I.P., P£R R.O.S.

IIS2JO & IISHfl W 1/4
COR., SEC.2,
I
'Nll9'54'04"£ I.J75.05.:,RS _ ,J H89'54'05"£ .,J,. ,~·J1t:'!~-~~-.:,rr~~~li~'54·5.J"£ 41.JO.fl'.R~, .,--- 756.0J' ISl&.8r 2,f.J.flr \ I
,,...."N"lfl.47'
~ ll.J5'1 -;/
/
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I ~~ I
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I I
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~ -~~~~~-J

51.ISB
~
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1151.U'

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UHE DATA
NO. BEARING
LI HOl"5!H9-W
L2 H59"2722"W
I.J H22'5fl25"W
u H"8'5l'l9T
LS HJ2"25J2"W
I.IS H7.J"J30fl"W

1.7 HJ2'.JJ'IJ"W
LB H8J"2J'07"W
0/STNla
.J4l . 7J"
154.JO'
158 • .Ja
158.N'
JOa.70
H.01'
2fSl. f.f'
.JIS.3.ISJ
®
®
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IHDfCA l£S RECR£A ~Al. 11UIL E:ASOl£HT DED1CA TE:D ANO ACCEPm> HEREON.

NllCAJ[S DIIS'IING S.D.G.ltC. 12' 111)£ UJIJTY E:ASOENT REC. DE:CEJIBCR J. lfl"lfl AS DOC. HO. 79-50n70, O.R.

IHIJICA1£S Cf:H1£Jft.lHE E:JOS11NG S.D.G.M . POIIER UH£ E:ASDIENT, HO IWOJH, R£C. .All.. Y 15, 1947 1H 8tc 24.J4 PG JBS, O.R.

NJICA1£S £JOS11HG S.D.G..t£. 12• IIIDf' UTIUTY fASOEJIT RE:C. MARCH JI, 1982 AS DOC. HO. 82-087545, O.R.
® IOCA7[S fXIS1INC S.0.G.M. fASfJEJIT RfC. NO\OIID 21. 1995 AS DOC. Ha 95-0:52SOOII. SCALE: 11•• 200' ~"~~~<- ~, ; l,_-~~A- --=-~-1,- ~!:.~ ~ ====~--:::::::: - \ __ _).._}:---_::-- - /Lr: IJ,J2f,.J75 SF __ I
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---- ~, \ ~ r - - < ~ /
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11: siii,S20 I r ~/ - I
FD 2· IRAS$ DISC IN J" SCALE: • jl
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~ . - 200.
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/---...._ '-.... SHEETS l,J-15 / 1!£18£
1/ ...____ ----=-=---..."- l
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-; " ---- 818.98' ~~-W2111a.ge• 1000.00' ,,- ,---- 704.7~ .,'T I IO'
I"
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LANDMARK
CONIUlf1NO
=i:t~~s
20-IS/ll- ~15/2021 10: 19:~6 AM
T.M. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS BJ: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
N ...a.
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MAP NO.
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NIICAID ~ - -Al •llll OIS!M;T l'l_. CA3EIIDIT IEC. IIMIICH I~ INI AS DOC HO. 1'1-111719, 0./t.

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CITY OF POWAY TRACT NO. 17-005

HIDDEN VALLEY RANCH
SHEET 5 OF 16 SHEETS

UHE DATA
- NO. 11£AIIWG DISTANCE <D
Q)
NlllCA IE"S ClllSJING CONSEltVAf,CW t.A>OcMt/W I, HtC. 12/20/70 AS 00C. HO. 2011>-0702'-U, O.R. ® @
NIICAID ~ SJI.Q.C 1r - lllllTY CMDIIJIT IIEt:. IINIOf JI, ,_ AS DOC Nil 111-G81544 OJI. ® N1011D-lr s.CI'£ ---CA3EIIDITIEIEltllD -
LI

1.2 H00"4l411"£ 111.92
Nllf"21 '51"W 71.46'
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N1011ES l'IIIVAIE lllllOD ANO 1/JJIJTY CASDICNT, VAIIIED _,IH. li£S£Rlo£D Hf11£0N.
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N87"«'5.J"f 157J .94' {H87"59 '22"E 157J . 71',RS}
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aJR\1£ DATA
NO. RADIVS OCLTA 41
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C8 IJ0.00' IK)"4800
C7 2511.00 2J"2fl40
C8 20.00· 11111354
Cfl 1170.00 0417'54"
CIO 2.J0.00' 411"02'4:r
CH 1000.00 10-4143"
Cl2 2411.00' 00'29511"
CIJ IOJ0.00' CH·--
Cl4 11100 71J'JJ55"
CIS 1111.00 J3"CH40
Cl8 42.00 11ror2r
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60.6J'

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114.84
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10.00 29.72'

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42.74'
112.29'
711.29'
109.24'
144.47'

72.411'
85,511'

72.57 44.N'
111.25
7J.51J'
115.511'

36.,r
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11134'
2J.05'
112. 4!1'
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40.116'

20.00·
MC

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12.0tJ'
IIJJ.J4'
104.75
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2. 16

74.511

24.611'
411.115
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17.15'

14.0.J'
IJ.41
400
I
T.M. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS BJ: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
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HIDDEN VALLEY RANCH
-ID GDIJW. UlllJTY CASDIEHT DOJICA!ED - ACaPlEI HP£0N.

N!ICAIES MVAJE MXlESS £.ASDIDfT IIESEJl1IID -
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2.825 AC \ -- (<ii5 - -
CLJR\1£ DATA
NO. RADIUS DELTA d ARC
Cl -oo· 4'51'19" 41 . .50'
CZ .JllOO' .. ,2·,r .JJ.12 '
CJ 20.otJ' 54':JJ'Ja" lt.05 '
c• '2.00' H'20'1•• 72.112'
C5 11.100· rr,s•:,o• 54.79·
al I0.00' 7~•20· 71.JII'
C1 100.00· 1e"21"'.£»" 211. IO'
a Z&OO' ,as·..,·•r 110.79'
CII , .... ao' ..,,..,.. :D7.J7
CIO Zl.00' 11515•52• 29.ez•
CII Jf.00' 111111J'JI" 124.55'
Cl2 -U.ao' rns ·oe· 8.19'
CIJ '2.00' 27?1'4.J" 20.0I'
Cl4 100.00· 12':51'54" 22.IJO'
Cl5 '2.00' •·..a·11· 7J.OI '
/ / ~ '' " ' ~ '-. \
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/ *\ ~ ',
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123.056 SF - - -- / ~ IG22 . ✓ < - -- , <i\J , ,. :-,- }:22ro 1 ,,,,. , c,d' ' . ...._ " --..::: ·-✓''-@ '-::. _ ', lfltio~ ~ ,,2 , , , r ~C'I - ' ' ,... - - ✓ / • ci" ~
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\ I / \ / \
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H/J91/J'OIS"E 266.11'
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162,930 SF \ \ /
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SEE SHEET 13
MAP NO.

SHEET 11 OF 16 SHEETS
CLJR\1£ DATA CUR\1£ DATA
NO. RADIUS DELTA d ARC NO. RADIUS DELTA d ARC
c,e 20.00' !172''5 ' 5.72' c.JI I0.00' zrr21·a· a .10·
Cl7 '2.00' ;a,-•,J· ,10..,· c.,z '2.00' w»·zo· 71.,s•
er• » .00' , ... ,.. .. u•:t' c.JJ l:U.00' H'll'.»' /l.JZ.N ' CII ,z.oo· r4t'zs· ...... c.H 42.00' JO"JO'II" 22.ll'
C20 J0.00 ' H'57JI" 47.10' CJ5 I0.00' ..,,-a,· 511. ... • czr .1'1.00' ff'!l7JI " 58.52' c.,. JO.OIi' .W'JO'OO" a..w· C22 » .oo· r41•zr 5.5J · CJ7 » .oo· ra,z ·s,• ru.,a,·
C2J 78.ao· ,:rse·.w· f7. 18'
C24 52.00' ,00•.-•54• .,._.,.

C25 42.00' , .. ,..,.. IOI,,_-
C211 112.00· ,:r,e•s.· 18.5.J'
C27 .... oo· ,., . ..,·,r 141.15'
C2• 112.00· 11,s•.i,• 23.5.J'
C29 HJJ.00' 187711" s,.111·
c.lO ,o.oo· 141-:111'511" 151.54'
LINE DATA UNf OATA
NO. BEARING DISTANCE NO. 8£ARING DISTANCE
L1 N»U'll"c 71.&5' L21 -'211·•1"e 1.00'
L2 N05llJ'OI"£ lot.II ' L22 H71'41'•7"1r 78.N '
LJ N8C1.l'.J5"W 10.16' L2J 11171',U'll"W 1.00'
L4 N22'0l''1"£ 24.oo· L2• N5J'52'.J8T .w.11·
LS H81'J5'Jtl"c 40.JII' L25 111115tl.J'Ol"E ... .w·
LI N7•••r» •w 19.27 La ,-772rr, .uoz ·
L7 H21171'21J"lr 71.oz • L27
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LIi N27Jl '20"£ 25.97 L.211 Ntt'Of'41T ra.oo·
LI Nf4'DZ':IIJ"c .28.1111' L2I N2TOl'41T a.00'
LIO Ha577'ZTW .uoz • l.JO N5J'»'Zrt. .J8.J7
LIi H81'J5'.J8"£ 40.JII ' LJI 1111-:JJ'll"W N .JI'
Ll2 NJ810'58T 11.11· LJ2 II07TXl'JT"J/ 5J.N'
LIJ _..._, . ..,T ... ..,,. UJ 11179111'.U ... 12.M'
tr• _7, •.i,•w 1a,u• L:U IHl'Dl'OZT 24.,0'
ll5 -:,.S'Jl"c .O.JII' tJ5 NN'DJ'05T ""-2J'
LIi -7J'J5"W IN.a' Uf 11175'00'00-W 1./19'
Ll7 N74'47JrW ••.z 7
LIS -772rr, 5.J.02'
LIi _.<6'41T .... ,·
L20 N71'•r••rr, 71.N'
0 50 100 150 SCALE: I 1•= 50'
SCALE: 1 " • 50'
~~q~~~~- a
~~
20-6/t,l-ll l/15/2 02 1 i 1:10:J5 NJ
T.AI. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS 83: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
N
00 0 .....
w
N
UN£ DATA LINE DATA
NO. 8£ARIHG DISTANCE NO. BEARING DISTANCE
L1 N6972'16"W 222.15' LJB N83.48'41"W IJ4.9J'
L2 N7917'56"E 169.17' LJ9 N5l18'17"f. 117.04 '
lJ N5477'1B"E 24.52' L40 N79"11'52"E 41.69'
l4 NBl'07'20"W 40.83' l4I N2770'J3"E 115.05'
L5 N59'0J '50"E J9.14' l42 N79"40'JJ"W 111.55'
L6 N29.J7'25"W BO.SJ' l4J N46'07'22"E 95. 10'
L7 N66•49'13"£ 29.61' LH N64•J6'16"E 115.24'
LIi N2J10 '47"W 17.61 ' L45 N87'01 '45"W 78.J9"
L9 N5515'J9"E 181.50' L46 N49'06'20"E 53.91'
LIO N89.47'11"E IJJ.OJ' L47 NJ671'25"W 34 . .36'
LIi N27'24'50"W 41.14' L48 N7275'34"E 1.05'
>-- -
Ll2 N2rJ5'0l"E JJ.58' L49 N2l"56 '52"E 145.65'
ll3 N72'01'52"E 66.78' L50 Na9•49•5o•w 2.J4 '
L14 NIJ"4l'!O"E 164.J4' L51 NJ6'J1'J9"W 42.02"
Ll5 N4910'22"E 109.72' L52 N40"51"22"E IJ0.00'
L16 N7275'34"E 107.25' L5J N171 2'4 5"W 14.25"
L17 NJ8'02'!5"£ 124.35' L54 N7l75 'J4"f. 2 1.28'
LIii N05'56'JO"E 10J.63' L55 N47"37'17"£ 56.97'
L19 N6671"16"£ 44.27' L56 NJ272"72" f. 196.t;,'
L20 N50'58'53"E 71.09' L57 N81 'J8'45" t 95.7B '
L21 N2J10'47 "W 22.90' L5B N72"21'55"W 79.84'
L22 N72'07'52"E 1111.23' L59 S89"54 '28"f. J2.B2 "
L2J NJ! 'J2 '52"W 21.96" L60 N76"1J'5J"W 90.16"
L24 N41'45'49"E 113.46' L61 N20'07'J7"£ 22.75'
L25 N39"45'4J"E 72.50' L62 N49"54'12"E 49.27'
L26 N51J•46'54"E 65.78' L6J N66'J6'20"E" 68.47'
L27 N1918'50"E IJB.17' L64 N76.18'4D"E· 1J2.25'
L211 N2572'04"£ 226 .H ' L65 N65"45'J8" E 284.46'
L29 N55"40'2J"E 45.95' L66 N6.J"22'09"W 25.JB'
LJO N7275'34"f. 84.92' L67 N71'0J'59"W 50, 74'
LJI N41"J6'39"W 20.59' L6B NJO"JJ'l6"£ 64.97'
LJ2 N8819'1B"W 155.90' L69 N7B.JB'2l"E" 2J9.D2'
LJJ N75'07"Jl"t 47.86 " L70 N4J'J8'4B"W 17.52'
LJ4 N5r54'26"E 5J.6J' L7I N51J'26'17"E 1B.75'
LJ5 N88"47'4l"E 79.43' L72 N10"!4'47"E 47.42 '
LJ6 N3l13'!2"W 141.76' L7J N75"16'0l"E 44. 14'
LJ7 N62'04'40 "W 120.08'
~~~~~~- 0
=-~N~"-=
~6/t,/- 12· 2/28/2027 12-28 11 F'AI
MAP NO.

CITY OF POWAY TRACT NO. 17-006

HIDDEN VALLEY RANCH
SHEET 12 OF 16 SHEETS
@ -.tiff_, UIIUTY CASEIIIElfT llflllCAJED AND ~m, ~ -
®
@
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AS DOC MO. 2m7--»_ 0.11.

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--CIN.

NIICAE DIS1IIIIII arr a, l'OIMY Slalll •a -T rACRJllES
---T. llEC. O:J/_/22 AS DOC. HO. :IOU- ___ OJt.
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CUR',£ DATA
NO. RADIUS OflTA 6
Cl 216.00' 70'04'1'"
C2 100.00' 24'50"J8"
CJ 216.00' 20°21'26"
C4 216.00' 42"37'55"
- r--
C5 75.00' 39•4a•50•
-
C6 194.00' 37·33•12·
Cl 194.00' J0'50'44•
CB 192.00' 1!478'50"
C9 212.00· BB"J1'2r
c,o 122.00· 5078'42"
CII 248.00' 15"45'18"
C12 256.00' 2r•2'0ll"
CIJ lll.00' 78"3J'55"
Cl4 194.00' 6873'56"
Cl5 194.00' 27°55'29"
C16 I 248.00' 23°25'56"
C17 I 100.00' 9l18'45"
Cl8 I 180.00' 24"40'J9"
Cl9 194.00' 61!16'44"
C20 I 216.00' 27°46'25"
c21 I 216.00' 2776'20"
I / ;,/; II /
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! C2J 122.00·
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SEE SHEET 10
C24 I 122.00·
C25 I 481!. oo·
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/ L40
/
I
47"02'07"
SJJ'o4•
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ARC
264.16'
4J . .J6'

76. 74'
160. 72'

52.12'
127.15'
704.44'
283.10'
327.55'
107.48'
6B.19'
123.77'

24.6B'
231.59'

94.55'
l01 .42'
159.37'

77.5.J'
231. 19'
104. 70'
IOJ.44'
155.06"
I .JS
100.15'
J0.24'
0)
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T.M. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS 83: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
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UH£ DATA
HO. BEARfHG DISTANCE
LI N75"00"00°W 1.29'
L2 H08'JIJ',f7"W 50.00'
u H72"JO'OO"W 5.l.00'
u H85"00'00"E 82.00'
L5 H,ff/"00"00"£ 36.00'
L6 N64"00"00"E se.oo·
L7 H41"00"00"E 111.00'
LS /11715'4.f'l!"W 6.00'
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:ze>-fl/t,l-I 3:2/1 5/202 I 11:21 :0J Ml
CUR'-£ DATA
HO. RADIUS DELTA
Cl J0.00' 5-f'JO'OO'
C2 6.00' .. oo·oo·
C.J 6.00' 155'51'13"
C4 JO.oo· 6S'51'13"
C5 J0.00 29'5535"
C6 JO.CXJ' J.1'55JIJ-
C7 IJ0.00' 21'JO'OO"
a, 60.00' 40"00'00"
C9 .J0.00' l6"00ll0-
CI0 J0.00' 2J'OO'OO"
CII 36.00' rn255-
MAP NO.

CITY OF POWAY TRACT NO. 17·005

HIDDEN VALLEY RANCH
SHEET 1.3 OF 16 SHEETS
ARC

28.54 15.08'
16 • .12'
J.143'

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17.78'

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SCALE: It"• JO'
SCA!.£: 1. = JO'
T.M. 17-005 W.O. 0020-6 CCS 27: 310-1761 CCS BJ: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
w
0 0 ....
w
N
CITY OF POWAY TRACT NO. 17-005

HIDDEN VALLEY RANCH
MAP NO.

SHEET 14 OF 16 SHEETS
SEE SHEET 13
----~---- - - -;; --- .....___ ............
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H67tlO'OO"W
N45tJOOO"W
N58'JOOO"W
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10.94 14.51!

7.00 J.00

18.00 40.0IJ

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Ja.00
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7.911'

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LOT 41
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CUlf\l£ OATA
C1J IJ.00' IIO'JOOO" IJ.7J
C2 100.00 22"0000--.. Jll.40 C14 IJ.00' JIJtlO'OO" lllr CJ 100.00 l.3"JOOO 2J.511 C15 20.00 2ftJOOO" 8.JII
Cf 20.UO 117TJITIVT 21.114 Cffj J0.00' oroo·ocr :ur
C5 J0.00 oroooo· 4.19 Cl7 10.00· I.J"JIO'OO" 2.JIS
C8 .J.00 115tl000" 1.02' Cl8 .J0.00' or.JOoo" .J.8.3 0 JO IIO 90 C7 4.00 24"Wl"NI" CtJ JO.OD lrYTDD"
C9 I.OD 52'00'00"
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9.16 Cffl .J.00' 181tl000- 8.43'
C20 IJ.00' 22"JO'oo• s.11· ~ I 2.155 C2I J0.00 20'29 415· 10.7J' SCAI..£: ,• - JO'

17.23 C22 J0.00 05"30'00" 2.118

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T.IJ. 17-005 W.O. 0020-6 CCS 27: J10-1761 CCS BJ: 1950-6322 GRADING PLAN NO. G15-0011
March 15, 2022, Item #10
w ..a.
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LINE DATA
HO. BEARING DISTANCE L9
LI Nea•JO'OO"E llOO' LIO
L2 N74'00'00"E JIJ.00' L11
L.J N74'3000"W e.oo· Ll2
L4 HfKJ'OO'OO"E 55.00' LIJ
LS N60'00'00"E 5.00' Ll4
LIi NJ7'0000"E JIJ.00 LIS
L7 N65'30'00"E 51.00' LIS
LIi N10•30•oo·w 49.00' Ll7
N51J'30'(xrw 111.00·
N34•JO'oo·w 112.00·
N7trJO'OO"W :ze.oo·
Nlltl'OOOO"E 44.00'
NIJ"OO'OO"W 7.00
N11J•J0'oo·w 1.00·
NJ1i441J"W 211.85
N74'30'00"W J7.00'
NOO'OO'OO"W I.J.4'
CITY OF POWAY TRACT NO. 17·005

HIDDEN VALLEY RANCH
@
0 ©
NrAll'Sfm-S.O.ll-.:11f111£Ulll./7l'EASDilDITllll:.-1&­
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MAP NO.

SHEET 15 OF 16 SHEETS
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March 15, 2022, Item #10
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T.M. 17-005 W.O. 0020-6 CCS 27: J10-1761 CCS BJ: 1950-6J22 GRADING PLAN NO. G15-0011
March 15, 2022, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

March 15, 2022
Honorable Mayor and Members of the City Council
Chris Hazeltine, City Manager
Wendy Kaserman, Assistant City Manager w~­
(858) 668-4502, [email protected]
City of Povvay

CITY COUNCIL
Agreement with the County of San Diego and the San Diego County Sheriff for Municipal Law Enforcement Services
The City of Poway has contracted with the San Diego County Sheriffs Department for general law and traffic enforcement services since the City incorporated. Poway worked with the other eight contract law enforcement cities in the county (Del Mar, Encinitas, Imperial Beach, Lemon Grove, San Marcos, Santee, San Marcos, and Vista) during the fall of 2021 to negotiate a new five-year contract to take effect following the expiration of the existing contract on June 30, 2022. The contract cities have reached a tentative agreement with the County (the County Board of Supervisors approved the terms of the tentative agreement on January 25, 2022) and each city is now being asked to ratify the agreement.

Recommended Action:

It is recommended the City Council approve the proposed agreement for municipal law enforcement services for the period of July 1, 2022 through June 30, 2027 and authorize the City Manager to execute the agreement on behalf of the City.

Discussion:

The City of Poway has contracted with the San Diego County Sheriffs Department for general law and traffic enforcement services since the City incorporated. Contracting for law enforcement services has many financial benefits to the City. On the personnel side, the City is not responsible for recruitment, retention, benefit administration, workers compensation, discipline or labor negotiations. It is the Sheriffs Department responsibility to ensure the Poway substation is fully staffed. The City also does not need to directly budget for vehicles, fleet maintenance (the City does maintain some vehicles for the Senior Volunteer Patrol), equipment purchases, as well as repair and maintenance. Additionally, the City is not responsible for maintaining and managing the insurance and liability associated with operating a municipal police department. The contract with the Sheriffs Department also gives the City access to a wide array of services at no cost including, but not limited to, ASTREA (Aerial Support 1 of38
March 15, 2022, Item #11
to
Regional
Enforcement
Agencies},
Bomb/Arson,
and
Search
and
Rescue.

Contract
negotiations
began
last
fall
between representatives
for
the
nine
contract
cities
and
the
San
Diego
County
Sheriffs
Department.

Poway's
City
Manager,
along
with
the
city
managers
of
San
Marcos
and
Imperial
Beach,
served
as
the
contract
cities'
negotiating
team.

A
tentative
agreement
has
been
reached
pending
approval
by
each
entity's
governing
body.

The
agreement
will
be
prepared
for
signature
once
all
nine
cities
have
finished
their
review
and
approved
the
terms.

As
described
in
the
attachments
to
the
proposed
contract,
the
agreement
is
structured
like
a
menu
of
services.

It spells
out
both
the
direct
and
indirect
costs
of
services,
and
costs
of
positions.

Each
contract
city
has
the
ability
to
set
its
own
level
of
service.

The
contract
also
provides
cities
with
the
opportunity
to
adjust
staffing
(either
adding
or
subtracting)
once
a year
prior
to
budget
preparation.

Contract
Term:

The
term
of
the
contract
is
five
years,
from
July
1,
2022
through
June
30,
2027.

Contract
Increases:

As
with
the
current
agreement,
the
agreement
contains
fixed
percentage
cost
increases
each
year.

However,
the
annual
increases
are
significantly
lower
than
those
in
the
current
contract.

During
the
term
of
the
proposed
agreement,
percentage
increases
for
each
city
will
be
fixed
at: Contract
Years
1 &
2 1
%
Contract
Year
3,4
&
5 3.5%
Staffing:

As
of
the
preparation
of
this
report,
the
City
of
Poway
has
no
planned
changes
to
the
current
law
enforcement
staffing.

Current
staffing
includes
the
following:

Captain
(the
City's
equivalent
to
a
Police
Chief)
Lieutenant 6
Sergeants 1
Detective
Sergeant
4 Detective
Deputies
4 PCAT
(Poway
Criminal
Apprehension
Team)
Deputies
17 Patrol
Deputies
8 Traffic
Deputies
2 Motorcycle
Deputies
1 School
Resource
Officer
(fully
funded
by
the
City
of
Poway,
no
cost
sharing
with
PUSD)
1 Community
Service
Officer
(non-sworn)
2 Crime
Analysts
1 Crime
Prevention
Specialist
Station
Support
Staff
PCAT
is
a
specialized
detective
unit,
unique
among
the
contract
cities.

PCAT
focuses
on
solving
high
profile
crimes
and
in
recent
years
has
been
responsible
for
several
key
arrests
that
have
not
only
benefitted
Poway,
but
also
the
region.

PCAT
plays
an
important
role
in
Poway
continuously
remaining
the
safest city
in
San
Diego
County.

Reopener
Related
to
Liability
Costs:

The
agreement
does
provide
that
during
year
three
of
the
agreement,
either
party
may
request
a
meeting
to
discuss
liability
costs.

All
changes
would
require
the
consent
of
both
parties.

City
staff
and
the
City
Attorney
have
reviewed
all
of
the
terms
of
the
proposed
agreement
and
are
2 of
38 March 15, 2022, Item #11
recommending
the
City
Council
approve
the
agreement
and
authorize
the
City
Manager
to
execute
the
agreement
on
behalf
of
the
City.

Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

The
proposed
FY
2022-23
budget
will
include
sufficient
funds
to
cover
the
financial
terms
of
the
first
year
of
the
proposed
agreement.

The
FY
2022-23
costs
will
be
$14,687,658.87.

Future
budgets
will
incorporate
the
costs
for
Years
2-5
of
the
proposed
agreement.

The
fixed
percentage
increases
are
lower
than
what
staff
had
initially
projected
in
the
long-range
financial
forecast,
which
was
based
on
the
increases
over
the
past five
years.

This
will
help
reduce
some
of
the
pressure
on
the
City's
General
Fund.

Law
enforcement
costs
are
fully
funded
out
of
the
General
Fund,
there
is
no
cost
allocation
to
other
funds.

Public
Notification:

None. Attachments: A.

Proposed
Agreement
Between
the
City
of
Poway,
the
County
of
San
Diego,
and
the
San
Diego
County
Sheriff
Reviewed/Approved
By:

Wendaserman Assistant
City
Manager
3 of38
Reviewed
By:

Alan
Fenstermacher
City
Attorney
e
City
Manager
March 15, 2022, Item #11

AGREEMENT BETWEEN THE CITY OF POWAY,

THE COUNTY OF SAN DIEGO, AND

THE SAN DIEGO COUNTY SHERIFF

FOR MUNICIPAL LAW ENFORCEMENT SERVICES
This Agreement is between the City of Poway, a municipal corporation, hereinafter referred to as "CITY" and the County of San Diego, a political subdivision of the State of California, hereinafter referred to as "COUNTY", for services to be provided by the San Diego County Sheriff, hereinafter referred to as "SHERJFF".

RECITALS
WHEREAS, COUNTY through SHERIFF provides public safety services throughout the County of San Diego and is equipped and will do so to the extent and in the manner hereinafter provided; and WHEREAS, CITY is a municipal corporation of the State of California within the County of San Diego and desires to obtain general and specialized law enforcement and traffic services; and WHEREAS, Sections 51300-51308, 51350, 55632, and sections 54980 et seq. of the California Government Code authorize COUNTY and CITY to contract for performance of Sheriff services within the CITY; and
WHEREAS, COUNTY through SHERJFF currently provides municipal law enforcement services to CITY pursuant to an agreement dated July 1, 201 7; and WHEREAS, CITY and COUNTY through SHERJFF desire to enter into a new agreement with provisions concerning the nature and extent of municipal law enforcement services to be provided to CITY and establishing the compensation to be paid therefore; and WHEREAS, COUNTY acknowledges that CITY requires standards of performance that demonstrate professional excellence both in the execution of duties and in the interpersonal relations with CITY employees and all persons utilizing the services of CITY; and WHEREAS, the Board of Supervisors on January 25, 2022 authorized the Clerk of the Board to accept and execute this Agreement for Municipal Law Enforcement Services; and WHEREAS, the City Council for the City of Poway on ___ authorized the City Manager to accept and execute this Agreement for Municipal Law Enforcement Services; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, COUNTY and CITY jointly intend that CITY will fund and COUNTY will provide municipal law enforcement services, as set forth in this Agreement. 4of38 ATTACHMENT A
March 15, 2022, Item #11

AGREEMENT
I.

PURPOSE
AND
INTENT
The
purpose
of
this
Agreement
is
for
COUNTY
to
provide
municipal
law
enforcement
services
to
CITY
per
California
Government
Code
Section
51300-51308,
51350
and
54980,
et
seq.

This
Agreement
is
effective
for
its
term
beginning
as
set forth
in
Section
III.

A,
regardless
of
approval
date
by
the
parties
and
supersedes
and
replaces
the
agreement
between
COUNTY
and
CITY
for
the
period
of
July
1,
2017
through
June
30,
2022,
including
all
attachments,
insofar
as
that
agreement
relates
to
provisions
of
municipal
law
enforcement
services
to
CITY.

II.

SCOPE
OF

SERVICES
COUNTY
through

SHERIFF
shall
provide
municipal
law
enforcement
services
to
CITY
as
follows:

A.

Method
of
Service
Delivery

SHERIFF
will
maintain
a Law
Enforcement
Services
Bureau,
which
will
be
responsible
for
performance
of
COUNTY's
obligations
under
this
Agreement.

Municipal
law
enforcement
services
will
be
staffed
as
described
in
Section
IV,
Standards
of
Services.

These
services
shall
be
provided
from
SHERIFF's
existing
stations
and other
such
facilities
as
COUNTY
or
the
CITY
may
hereafter
acquire.

B.

Law
Enforcement
Services
5 of38
COUNTY
through

SHERIFF
will
provide
municipal
law
enforcement
services
("Law
Enforcement
Services")
to
CITY
as
outlined
in
Attachment
B.

Law
Enforcement
Services
consist
of
enforcement
of
the
California
Penal
Code,
the
California
Vehicle
Code,
and
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY,
as
well
as
direct
supervision
of
law
enforcement
personnel
assigned
to
provide
Law
Enforcement
Services
to
CITY;
all
to
the
extent
necessary
and appropriate
to
meet
the
Standards
of
Services
March 15, 2022, Item #11
described in Section IV. Staffing for Law Enforcement Services shall be provided in Section IV.D of this Agreement.

C. Ancillary Services
The following ancillary services will be provided to CITY as an integral part of the law enforcement services described above and are included in the cost of such services: crime prevention, juvenile intervention, financial crimes, homicide, domestic violence, communication, information technology support, and clerical support.

D. Regional Services
E.

In addition to the services listed above, the following regional services are provided to CITY at no cost: Special Enforcement Detail (SEO); Aerial Support to Regional Enforcement Agencies (ASTREA); Bomb/ Arson; Search and Rescue; Fire/Rescue helicopter; Crime Lab; and Property and Evidence.

Search and Rescue Responsibility
The COUNTY and the CITY agree that some rescues are the responsibility of and will be performed by the SHERIFF while other rescues are the responsibility of and will be performed by the CITY's public safety services. In many instances, rescues will be conducted in a joint operation involving both the SHERIFF and the CITY's emergency response personnel.

F. Reserve Program
The SHERIFF, in partnership with the CITY, will take active steps to recruit individuals to participate in the Reserve Program.

G. Additional Services
6 of38

1. General
COUNTY through SHERIFF may provide supplemental Law Enforcement Services or additional related equipment and supplies as requested by CITY. Additional Services March 15, 2022, Item #11
7 of
38 2.
not
covered
under
Law
Enforcement
Services
may
include,
but
are
not
limited
to,
added
patrol
or
traffic
services
required
for
special
events
such
as
street
fairs,
concerts,
movie
productions
and
other
third-party
promotions.

Requests Requests
for
Additional
Services
shall
be
made
to

SHERJFF
by
CITY
through
the

SHERIFF'S
Station
Commander
or
their
designee
and
shall
be
made
in
writing
or,
if
made
in
person
or
by
telephone,
shall
be
confirmed
in
writing
by
the
requestor
within
forty-eight
(48)
hours
of
the
request.

CITY
shall
provide

SHERIFF
with
as
much
advance
notice
as
possible
regarding
requests
for
Additional
Services.

3. Provision
of
Additional
Services

SHERIFF
shall
advise
CITY
promptly
and
shall
confirm
in
writing
if

SHERIFF
is
unable
to
provide
some
or
all
of
any
requested
Additional
Services.

If

SHERIFF
is
able
to
provide
some
or
all
of
the
requested
Additional
Services,

SHERIFF
shall
promptly
advise
CITY
in
writing
of
the
estimated
costs
of
the
services.

Unless
CITY
disapproves
in
writing
of
an
estimate
provided
by

SHERIFF,

SHERJFF
shall
provide
such
Additional
Services
to
CITY
and
shall be
reimbursed
for
the
actual
cost
of
providing
the
Additional
Services
subject
to
Section
V.B.2.

COUNTY
shall
delegate
the
authority
to

SHERIFF
to
approve
additional
services
consistent
with
the
intent
of
this
provision.

4. Identification COUNTY
and
CITY
acknowledge
and
agree
that
it
is
impractical
to
specify
in
this
Agreement
each
and
every
category
of
Additional
Services
that
might
be
desired
by
CITY,
and
that
the
parties
will
reasonably
cooperate
in
identifying
and
addressing
such
potential
Additional
Services
within
the
scope
of
Law
Enforcement
Services.

March 15, 2022, Item #11
H. Emergencies

1. General
Notwithstanding any other provisions of this Agreement, in the event of an emergency occurring within CITY, SHERJFF shall take any and all actions reasonably necessary or appropriate to respond to the emergency, to include appropriate referrals to, and coordination with, other law enforcement agencies.

2. Temporary Duties

3. SHERIFF's personnel assigned to perform services for CITY under this contract ("SHERJFF's contract city personnel") may be required to perform temporary duties outside the scope of this Agreement. For the purpose of this Agreement, "temporary duties" shall include, but not be limited to, assignments necessitated by a public safety emergency or other exigent circumstances required under "mutual aid" agreements.

Redeployment of Staff
During the period of any public safety emergency or exigent circumstance such as responding to mutual aid requests, SHERJFF's contract city personnel may be temporarily redeployed for emergency response. If reasonable and practical, SHERJFF shall notify the City Manager for the CITY and discuss the redeployment prior to reassignment. If the public safety emergency or exigent circumstance such as requests for mutual aid demand immediate redeployment, SHERIFF need not notify the City Manager in advance, but shall do so as soon as practical.

III. TERM OF AGREEMENT
A. Term
8 of38
The term of this agreement shall commence at midnight July 1, 2022, and shall continue in effect through and terminate at midnight of June 30, 2027, subject to the termination provisions in Section III.B. below.

March 15, 2022, Item #11
B.

Termination
Notwithstanding
any
other
section
or
provisions
of
this
Agreement,
either party
hereto
may
terminate
this
Agreement
by
giving
a one-year
advance
written
notice
of
intention
to
terminate.

IV.

STANDARDS
OF

SERVICE
A.

Anticipated
Service Outcome
The
anticipated
outcome
of
law
enforcement
services
provided
by
COUNTY
through

SHERIFF
to
CITY
under
this
Agreement
is
the
provision
of
efficient
and
effective
police
protection
and
the
performance
of
all
duties
as
required
by
law
or
contract.

These
duties
include
patrol,
traffic,
general
and
specialized
investigations,
crime
prevention,
crime
analysis,
criminal
intelligence,
narcotics
enforcement,
emergency
services,
licensing,
crime
lab
and
comm
uni
cations.

B.

Performance
Standards
9 of38
COUNTY
through

SHERIFF
shall
provide
CITY
with
qualified
personnel
to
meet the
following
performance
standards
and
scope
of
service:

1. General All
SHERIFF personnel
who
provide
municipal
law
enforcement
services
to
CITY
pursuant
to
this
Agreement
shall
have
met
the
minimum
qualifications
designated
for
their
specific
classification,
including
a background
investigation.

2. Patrol
Services
COUNTY
through

SHERIFF
shall
provide
patrol
law
enforcement
services.

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
provide
enforcement
of
the
California
Penal
Code,
the
California
Vehicle
Code,
and
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY.

March 15, 2022, Item #11
10 of 38

3. Traffic Services

4. COUNTY through SHERIFF shall provide traffic services. To the extent that such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement of the California Vehicle Code and pertinent traffic regulatory ordinances as adopted by the City Council of CITY, accident investigations, analysis of traffic related problems of CITY, and cooperate with various CITY departments to obtain solutions to the traffic problems of CITY.

Special Purpose Officers
COUNTY through SHERIFF shall provide problem solving services via the Special Purpose Officer (SPO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily be to identify and resolve problems of both a criminal and non-criminal nature for a designated geographic area through investigation, patrol support, coordination of departmental resources and cooperation with various CITY departments.

5. School Resource Officers
COUNTY through SHERIFF shall provide school resource services via the School Resource Officer (SRO). To the extent such staff is provided within CITY, their services, together with all normal ancillary services related thereto, shall primarily provide enforcement and follow up investigation on school property for violations of the Penal Code of the State of California, the California Vehicle Code, and the California Education Code and cooperate with school administration, faculty, students, and parents to obtain solutionsto problems of the school district. To the extent possible, the SRO will participate in positive student activities in the community to build trusting and respectful relationships with students, families, and staff. The SRO will collaborate with school-based community organizations, parent-teacher organizations, and student government to develop opportunities for March 15, 2022, Item #11
11 of
38 6.
positive
activities,
such
as
mentoring
programs,
community
coalitions
or
task
forces. Community
Service
Officers
COUNTY
through

SHERIFF
shall
provide
community
services
via
the
Community
Service
Officer
(CSO).

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
provide
response/information
to
citizen
inquiries,
completion
of
minor
reports,
fingerprinting,
traffic
direction,
parking
enforcement,
vehicle
abatement,
crime
prevention
education
and
enforcement
of
pertinent
regulatory
ordinances
as
adopted
by
the
City
Council
of
CITY.

7. Detectives COUNTY
through

SHERIFF
shall
provide
follow-up
criminal
investigative
services
via
the
Detective
position.

To
the
extent
such
staff
is
provided
within
CITY,
their
services,
together
with
all
normal
ancillary
services
related
thereto,
shall
primarily
be
to
investigate
crime
reports
submitted
by
Patrol
Officers,
Community
Service
Officers,
Special
Purpose
Officers
or
other
personnel.

Detectives
are
responsible
for
classifying
and
closing
cases,
identifying
suspects,
gathering
evidence,
making
arrests,
submitting
cases
for
prosecution, and
supporting said
prosecution
with
needed
supplemental
investigation.

8. Retired-Rehired
Deputies
COUNTY
through

SHERIFF
shall,
to
the
extent
such
personnel
are
available,
make
available
Retired
Deputies
. Such
Retired-Rehired
Deputies
are
eligible
for
short-term
assignments
or
assignments
requiring
specialized
skills
or knowledge
on
a temporary
basis
to
CITY.

Such
Retired-Rehired
Deputies
are
not
available
for
routine
Patrol,
Traffic,
Detective,or
Special
Purpose
Officer
services
and
are
limited
by State
Law
and
Retirement
System
policy
to
working
a maximum
of
960
hours
per
fiscal
year.

March 15, 2022, Item #11
C. Assignment of Personnel
12 of 38

1. Sheriffs Responsibility
The management, direction, supervision and discipline of SHERIFF personnel, the standard of performance, and all other matters incident to the performance of services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF's sole but reasonable judgement and in accordance with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all personnel provided to CITY and shall have complete discretion as to the assignment of all individual SHERIFF'S personnel under this Agreement.

2. Transfers and Selection of Station Commanders
SHERIFF will consult with CITY prior to reassignment of the station commander serving CITY and CITY will be afforded the opportunity to interview potential candidates prior to one being selected as the Station Commander of the station serving CITY. SHERIFF will solicit input from CITY when completing Station Commander's performance review. CITY and SHERIFF acknowledge that the length of assignment of the Station Commander serving CITY cannot be precisely defined; however, SHERIFF will endeavor to maintain the Station Commander serving the CITY in that assignment for 24 months.

3. Other Staff Assignments

4. If CITY has specific concerns regarding the actions of any deputy, agent or employee who performs Law Enforcement Services, CITY may address those concerns with the Station Commander serving CITY.

Liability for Payment of Wages
CITY shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY's performance of this Agreement.

March 15, 2022, Item #11
D.

Staffing
for
Basic
Services
COUNTY
through

SHERIFF
shall
staff
CITY
as
described
in
Attachment
B
in
order
to
provide
Law
Enforcement
Services.

SHERIFF
shall
ensure
that
adequate
numbers
of
qualified

SHERIFF
personnel
are
provided
to
CITY
at
all
times
during
the
term
of
this
Agreement
to
meet
the
Law
Enforcement
Services,
Scope
of
Services
and Standards
of
Service
commitments
set
forth
herein,
at
no
less
than
the
staffing
and
classification
levels
established
in
the
most
current
Attachment
B.

SHERIFF
shall
use
best
efforts
to
fill
CITY
funded
position
vacancies
within
a reasonable
period
of
time.

E.

Changes
in
Staffing
CITY
shall
provide
COUNTY
through

SHERIFF
60 days
advance
notice
when
requesting
changes
in
staffing.

If
CITY
and

SHERIFF
agree
that
changes
to
the
staffing
level
for
Law
Enforcement
Services
are
needed
and/or
agree
that
staff
additions
or
deletions
in
CITY
are
necessary
in
order
to
provide
adequate
levels
of
Law
Enforcement
Services
in
the
succeeding
contract
year,
COUNTY
shall
provide
an
updated
Attachment
B
to
the
CITY.

The
level
of
service
shall
not
be
changed
without
the
mutual
consent
of
the

SHERIFF
and
CITY.

F.

Vehicles,
Equipment,
and
Supplies
13 of
38 COUNTY
shall
provide
all
supplies,
equipment
and
materials
required
for
performance
of
the
required
law
enforcement
services;
except
that
the
CITY
shall,
at
its
own
expense,
supply
any
special
stationery,
supplies,
notices,
or
forms
which
are
to
be
issued
in
the
name
of
the
CITY.

COUNTY
agrees
to
provide
the
standard
equipment
for
CITY
vehicles
per
Attachment
E.

All
marked
vehicles
(black
and
white)
will
generally
be
replaced
at
100,000
miles.

Vans
and
sedans
will
generally
be
replaced
at
I 00,000
miles.

Motorcycles
will
be
replaced
as
needed
at
COUNTY's
discretion.

The
name
of
the city
and
city
seal
will
be
included
on
the doors
of
patrol
cars
if
requested
by
the
CITY.

The
CITY
shall
provide
their
CITY
decal
in
the
size
requested
by
the
SHERIFF.

Subject
to
written
approval
of
the

SHERIFF
or
their
designee,
the
CITY
may
purchase
March 15, 2022, Item #11
equipment deemed necessary to facilitate program implementation or operation. If the COUNTY does not accept ownership of the equipment, the purchase price and all ongoing costs will be the responsibility of the CITY. If the COUNTY accepts in writing, such equipment becomes the property of the COUNTY, and the CITY shall be credited the total cost for the equipment. Total cost shall mean a value agreed upon between COUNTY and CITY at the time the transfer is made.

The cost of any vehicles that are leased or rented for the benefit of the CITY, shall be the CITY's responsibility.

G. Asset Ownership

1. Vehicles
Vehicle ownership will be retained by the entity (CITY or COUNTY) that purchased the vehicle and is currently carrying ownership via the vehicle registration.

2. Office Equipment
Office equipment ( desks, chairs, computers, etc.) ownership will be retained by the entity (CITY or COUNTY) that purchased the equipment and is currently carrying ownership on the entity's inventory.

3. Safety Equipment
Safety equipment (firearms, uniforms, leather gear, etc.) ownership will be retained by the COUNTY.

4. Facilities
CITY shall retain ownership of facilities that CITY constructed for the purpose of use as a Sheriffs station. SHERIFF's payment to CITY is a lease payment only.

H. Members hips
14 of 38

1. For each year that this Agreement is in effect, CITY agrees to maintain its membership in the Automated Regional Justice Information System Joint Powers Agency (ARJIS).

2. For each year that this Agreement is in effect, CITY agrees to maintain its membership March 15, 2022, Item #11
in
the
Regional
Communications
System
(RCS).

3. For
each
year
that
this
Agreement
is
in
effect,
CITY
agrees
to
maintain
its
participation
in
the
California
Identification
System
Remote
Access
Network
(CAL-ID).

I.

Contract
Administration
15 of
38 1.

County
Representative
COUNTY
designates

SHERIFF
or
their
designee
to
represent
COUNTY
in
all
matters
pertaining
to
the
administration
of
the
Agreement.

2. City
Representatives
CITY
designates
its
City
Manager
or
their
designee
to
represent
CITY
in
all
matters
pertaining
to
the
administration
of
the
Agreement.

3. Meetings
between
City
and
Sheriff
The
Sheriff
or
their designee
shall
be
available
to
confer
with
the
City
Manager
or
their
designee
whenever
feasible,
practical,
and
not
in
conflict
with
mandated
duties
and
responsibilities.

The
Sheriff
and/or Undersheriff
and
the
Assistant
Sheriff
will
meet
with
the
City
Managers
as
a group
twice
each
year
to
discuss
the
law
enforcement
contract.

CITY
and COUNTY
shall
provide
full
cooperation
and
assistance
of
its
officers,
agents,
and
employees
to
each
other
in
the
performance
of
this
contract.

4. Implementation
of
New
Programs
The
COUNTY
will
discuss
the
implementation
of
any
new
programs
with
the
CITIES.

The
COUNTY
will
provide
the
justification
and
value
to
CITY
for
the
program
and
estimates
of
the
cost
impact.

Such
programs,
if
resulting
in
additional
costs
to
CITY
will
only
be
implemented
after
discussion
with
the
CITY.

5. CLETAC
CITY,
along
with
other
cities
within
San
Diego
County
entering
into
contracts
for
law
enforcement
services
similar
to this
Agreement
("CITIES")
shall
maintain
a Contract
March 15, 2022, Item #11
Law Enforcement Technical Advisory Committee (CLET AC). The Law Enforcement Services Bureau Assistant Sheriff, Law Enforcement Commanders and Sheriffs Contracts Manager shall meet with the committee on at least a semi-annual basis to review contract administration including contract interpretation, costs, and liability.

Additional meetings can be scheduled at the request of either party.

J. Audit and Inspection of Records
COUNTY agrees that records generated under this agreement shall be made available to CITY to audit and examine. CITY agrees that any such audit will be arranged by contacting the Sheriffs Contracts Manager in writing at least ten (10) working days prior to the commencement of the audit and shall be conducted during normal working hours. CITY through its City Manager shall have access to reports and other documents pertaining to this Agreement including statistical reports on crime rates, traffic incidents and calls for service within CITY.

K. Reporting Requirements
CITY will receive monthly reports that provide information with respect to staffing, crime statistics, traffic statistics, programs, and patrol activities V. COST OF SERVICES/CONSIDERATION
16 of 38
A. General
As full consideration for the satisfactory performance and completion by COUNTY through SHERIFF of the Law Enforcement Services set forth in this Agreement, CITY shall pay COUNTY for the services agreed to on the basis of invoices and submittals as set forth hereunder.

B. Personnel Costs

1. Law Enforcement Services
The cost of a Law Enforcement Services position includes amounts that compensate COUNTY for all absences due to compensatory time off, bereavement, family, injury, March 15, 2022, Item #11
17 of
38 military,
sick
leave,
holidays,
jury
duty,
leave
without
pay,
related
training,
and
vacation
but
does
not
provide
coverage
or
include
costs
required
to
maintain
coverage
for
Law
Enforcement
Services
during
such
absences.

If,
however,
there
is
an
individual
absence
or
vacancy
of
more
than
60 calendar
days,
CITY
is
not
required
to
compensate
the
COUNTY
from
the
61 st
day
until
the
position
is
staffed/filled.

In
the
event
that
a
vacancy
was
created
due
to
a promotion
or
competitive
position,
COUNTY
is
not
required to
credit
CITY
for
such
vacancy
as
these
types
of
vacancies
are
considered
to
be
a natural
progression
in

SHERIFF
personnel's
career path.

2. Additional
Services
CITY
shall
compensate
COUNTY
for
Additional
Services
requested
and
approved
by
CITY
in
accordance
with
Section
ILG,
based
upon the
actual
costs
incurred
by

SHERIFF
to
provide
those
services.

C.

Cost
Model
Components

1. Cost
Model
Development
A
cost
model
including
each
station
showing
the
direct,
station
support,
space
and
overhead
costs
for
both
the
CITY
and
COUNTY
shall
be
developed.

2. Direct
Staff
Costs
CITY
shall
pay
for
direct
staff,
which
includes:
a)
Deputies
b)
Detectives
c)
Sergeants
d)
Community
Service
Officers
e)
Vehicles
f)
Handheld
Radios
March 15, 2022, Item #11
18 of 38

3. Station Support Staff Costs
CITY shall pay for station support staff, which includes:
a) Lieutenants
b) Captains
c) Administrative Secretary I & II
d) Office Assistants
e) Office Support Specialists
f) Property & Evidence Specialists
g) Sr. Office Assistants
h) Stock Clerks
All Station Support costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants, and community services officers in that station.

4. Law Enforcement Direct Support Costs
CITY shall pay for law enforcement support, which includes:
a) Crime Prevention Coordination
b) Criminal Intelligence Detail
c) Traffic Coordinator
d) Family Protection Detail
e) Central Operations Detail
f) Elder Abuse Unit
g) Domestic Violence Unit
h) Homicide
i) Communications Center
j) Sheriffs Analysis Group
k) Video Analy~is Unit
March 15, 2022, Item #11
19 of 38
1) Law Enforcement Command
m) Sheriff Fleet Allocation
n) IT Outsourcing Allocation
o) Facilities Allocation (Actual per Station}
All Law Enforcement Direct Support costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants,and community services officers in that station.

5. Overhead (Indirect Costs)
CITY shall pay for overhead (indirect costs), which includes:
a) Budget & Revenue Management
b) Financial Services
c) Data Services
d) Contracts Management
e) Wireless Services Division
f) Personnel
g) Payroll
h) External Costs-Cost Allocation Plan
All Overhead costs shall be allocated between the COUNTY and the CITY ( or CITIES) occupying the station based on their number of deputies, detectives, sergeants, community services officers, and station support staff in that station.

6. Overhead Allocation Date
The staffing of each city on May 1st and any requested adjustments shall be used to allocate Station Support staff and apply Overhead, for contract year starting the following July 1st•
March 15, 2022, Item #11
20 of 38

7. Staff Added After May 1st
For positions added after May pt ,the CITY will pay the direct cost of the added position, along with the current Fiscal Year Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the added position. The ICRP rate is developed by the Sheriffs Department each fiscal year. The methodology and rate are then approved by the County of San Diego's Auditor and Controller's office. If the start date of the newly added position is after the 1st of the month, the Salaries and Benefits will be pro-rated, and the ICRP will then be applied. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was added and then divided by 365 days.

8. Positions Deleted After May 1st
If a CITY deletes a position after May 1st, the City will be credited the pro-rated portion of the direct cost of the position, along with a credit for the Indirect Cost Rate Proposal (ICRP) applied to the Salaries and Benefits of the deleted position. The calculation for pro-rating the Salaries and Benefits of a position shall be the direct annual cost of the position multiplied by the number of days in the month since the position was deleted and then divided by 365 days.

D. Costs

1. Basis for Year One Direct and Station Support Staff Costs

2. The basis for year one Salaries and Benefits costs for Direct and Station Support Staff of this agreement is the cost of Direct Staff and Station Support Staff from year five of the previous contract (July 1, 2017 -June 30, 2022) with a 1 % fixed price increase applied.

Fixed Cost Increase for Years Two Through Five
Cost increases for each CITY will be 1 % in year two, 3.5% in year three, March 15, 2022, Item #11
21 of
38 E.

Liability
I. 2.

3.5%
in
year
four,
and

3.5%
in
year five
of
this
agreement.

The
cities
will
pay
the
applicable
contract
year's
percentage
increase
regardless
of
the
actual
cost
increase
or
decrease.

Adjustments
for
any
changes
in
the
future
contract
year
will
be
made
after
applying
the
fixed
percentage
increase.

Agreement
Years
One, Two,
Three,
Four
and
Five
The
CITIES
will
pay
a total
of
$1,875,453
per
year.

This
amount
shall
be
allocated
to
each
CITY
based
on
the
number
of
deputies,
detectives,
sergeants,
community
service
officers,
lieutenants,
and
captains
assigned
to
the
CITY.

Reopener During
year
three
of
this
agreement,
either
party
may
request
a meeting
to
discuss
liability
costs.

All
changes
require
the
consent
of
both
parties.

F.

Rate
of
Compensation

1. First
Year

2. For
the
first
year
of
this
Agreement,
CITY
will
compensate
COUNTY
for
provision
of
the
Law
Enforcement
Services
in
an
amount
_equal
to
the
fiscal
year base
amount
set
forth
in
Attachment
B
effective
July
1,
2022
.

Included
in
this
amount
will
be
a liability
cost
as
set
forth
in
Section
V.E.

In
addition
to
the
charges
for
Law
Enforcement
Services,
CITY
will
compensate
COUNTY
for
Additional
Services
as
set
forth
inSection
V.B.2,
above.

Subsequent
Years
a.

Cost
Detail
By
April
1st
of
each
year,

SHERIFF
shall
provide
CITY
with
service
costs
for
the
upcoming
fiscal
year
(July
1 through
June
30).

The
cost
March 15, 2022, Item #11
22 of 38
for services provided by SHERIFF shall be based upon the agreed fixed price increase for the respective agreement year, as defined in Section V.D.2 of this agreement. SHERIFF will provide CITY with a current Attachment A that reflects the new fiscal year service costs. b. Level of Service
c.

By May 1st of each year, CITY shall determine the level of Law Enforcement Services as defined in Section IV.B required within CITY for the upcoming fiscalyear (July 1 through June 30).

SHERIFF will be responsible for setting minimum staffing levels for each CITY to ensure both deputy and public safety.

At a minimum, such service shall include the availability of one continuous twenty-four hour per day patrol unit and one continuously available eight and one-half hour, seven days a week, traffic unit.

Updated Total Cost for Requested Level of Service
By June 1st of each year, COUNTY shall prepare an updated Attachment B, based upon the level of service for the upcoming fiscal year (July 1 through June 30) and the total cost of such services as determined in accordance with Section V.C and V.D, above. Attachment B shall be effective July 1st and shall be made a part of this Agreement. CITY shall compensate COUNTY as set forth in Attachment B including any mid-year adjustments as defined in section V.G below, and shall also compensate COUNTY for Additional Services as set forth inSection V.B.2, above.
d. Mandated Costs
CITY shall pay all costs which are mandatory as of the effective date March 15, 2022, Item #11
23 of
38 of
this
agreement
for
any
law
enforcement
agency
to
pay
pursuant
to
state
or
federal
statute
or
case
law,
if
such
costs
are
not
included
in
the
agreed-to
costs
stated
in
Attachment
B.

Further,
CITY
shall
pay
any
mandatory
costs
that
shall
become
operational
during
the
term
of
this
Agreement.

G.

Mid-Year
Adiustments
to
Basic
Services
H.

With
30 days
advance
notice,
either
party
may
propose
amendments
or
modifications
to
this
Agreement.

Such
changes,
including
any
increase
or
decrease
in
the
level
of
service,
which
are
mutually
agreed
upon
by
and
between
COUNTY
and
CITY
shall
be
effective
when
incorporated
in
a revised
Attachment B
and
approved
by
both
the
COUNTY
through
the

SHERIFF
and
CITY.

Method
of
Payment,
Proportional
Payment,
Credits

1. Monthly
Invoices
COUNTY
shall
invoice
CITY
monthly
for
services
received
(1/12
of
annual
costs).

CITY,
within
30 days
from
the
date
of
the
invoice,
shall
pay
to
the
County
Treasurer,
through
the

SHERIFF
at
9621
Ridgehaven
Court,
San
Diego,
CA
92123,
for
costs
of
the
services
agreed
upon
as
reflected
in
Attachment
B.

2. Billing
for
Additional
Services
Additional
Services
that
have
been
agreed
to
by
the
parties
and
provided
by

SHERIFF
to
CITY,
shall
be
billed
in
addition
to
those
listed
above.

CITY
agrees
to
pay
the
actual
cost
of
such
services
so
requested.

3. Credits a.

Vacancies
and Absences

SHERIFF
will
provide
CITY
a credit
for
any
individual
absence
or
vacancy
extending
beyond
60 calendar
days,
as
outlined
in
section
V.B.1
above.

SHERIFF
will
deduct
the
amount
of
the
credit
from
the
total
March 15, 2022, Item #11
24 of
38 I.
amount
billed
on
the
CITY's
monthly
invoice.
b.

Towing
Fees
CITY
shall
be
given
credit
for
towing
fees
collected
under
California
Vehicle
Code
section
22850.5.

The
monthly
towing
fees
will
be
deducted
from
the
CITY's
monthly
invoice.

Booking
Fees/Jail
Access
Fee
Effective
July
I,
2007,
in
lieu
of
charging
CITY
booking
fees,
COUNTY
will
receive
an
annual
appropriation
from
the
State.

COUNTY
may
charge
a "jail
access
fee"
for
certain
low-level
offenses
(municipal
code
violations
and
misdemeanor
violations
except
driving
under
the
influence,
domestic
violence
offenses,
and
enforcement
of
protective
orders),
for
each
bookingin
excess
ofCITY's
three-year
average
of
such
bookings
(recalculated
annually).

In
the
event
that
the
State
reduces
its
annual
appropriation,
COUNTY
may
reinstate
booking
fee
in
accordance
with
Government
Code
sections
29550-29552.

J.

Distribution
of
Fines
and
Forfeitures
All
personnel
provided
by

SHERIFF
in
the
performance
of
the
services
of
this
Agreement
for
CITY
shall
be
COUNTY
officers
and
employees,
but
shall
be
deemed
officers
and
employees
of
CITY
for
the
sole
purpose
of
distributing
fines
and
forfeitures
pursuant
to
Penal
Codesection
1463.

K.

Forfeited
Property
and
Assets
Any
property
retrieved
in
CITY
by

SHERIFF'S
personnel
such
as
unclaimed
stolen
goods
or
revenue
generated
by
the
sale
of
such
property
by
COUNTY
shall
be
made
available
to
CITY
net
of
allowable
expenses,
at
first
option
to
retain
for
CITY
purposes.

Assets
seized
through
the
Asset
Forfeiture
process
by
SHERIFF's
personnel
within CITY
as
a result
of
self-initiated
activities
or
calls
for
service
shall
be
shared
with
CITY
according
to
current
Federal
Asset
Seizure
March 15, 2022, Item #11
L.

Guidelines.

Availability of Funding
All terms and conditions of this Agreement are subject to the continued appropriations andavailability of funds for either party for the performance of the services stated herein.

VI. DEFENSE AND INDEMNIFICATION
25 of 38
A. Indemnification Related to Workers' Compensation and Employment Issues COUNTY shall fully indemnify and hold harmless CITY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status or employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of COUNTY or any contract labor provider retained by COUNTY.

CITY shall fully indemnify and hold harmless COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorney's fees and court costs or arbitration costs), costs, damages, or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of CITY or any contract labor provider retained by CITY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is March 15, 2022, Item #11
26 of
38 brought
by
an
employee
of
CITY
or
any
contract
labor
provider
retained
by
CITY.

B.

Defense
and
Indemnity;
Acts
and
Omissions

1. Claims,
Actions
or
Proceedings
Arising
From
Acts
or
Omissions
of
COUNTY
COUNTY
hereby
agrees
to
defend
and
indemnify
the
CITY,
its
agents,
officers,
and
employees,
from
any
claim,
action
or
proceeding
against
CITY,
arising
out
of
the
acts
or
omissions
of
COUNTY
in
the
performance
of
this
Agreement,
only
where
asserted
CITY
liability
is
based
solely
on
all
of
the
following
three
circumstances:
(I)
The
incident
giving
rise
to
the
claim
or
suit
arose
out
of
the
CITY's
contractual
relationship
with
COUNTY
under
this
Agreement;
(2)
The
incident
giving
rise
to
the
claim
or
suit
is
alleged
to
have
occurred
within
the
boundaries
of
CITY
and
there
is
no
"dangerous
condition"
allegation
against
the
CITY;
and
(3)
The
conduct
alleged
to
be
that
of
the
CITY
is,
in
fact,
COUNTY
conduct.

At
its
sole
discretion,
CITY
may
participate
at
its
own
expense
in
the
defense
of
any
claim,
action
or
proceeding,
but
such
participation
shall
not
relieve
COUNTY
of
any
obligation
imposed
by
this
Agreement.

CITY
shall
notify
COUNTY
promptly
of
any
claim,
actionor
proceeding
and
cooperate
fully
in
the
defense.

2. Claims,
Actions
or
Proceedings
Arising
From
Acts
or
Omission
of
CITY
CITY
hereby
agrees
to
defend
and
indemnify
the

COUNTY,
its
agents,
officers,
and
employees,
from
any
claim,
action
or
proceeding
against

COUNTY,
arising
out
of
the
acts
or
omissions
of
CITY
in
the
performance
of
this
Agreement.

At
its
sole
discretion,COUNTY
may
participate
at
its
own
expense
in
the
defense
of
any
claim,
action
or
proceeding,
but
such
participation
shall
not
relieve
CITY
of
any
obligation
imposed
by
this
Agreement.

COUNTY
shall
notify
CITY
promptly
of
any
claim,
action
orproceeding
and
cooperate
fully
in
the
defense.

3. Claims,
Actions
or
Proceedings
Arising
From
Concurrent
Acts or
Omissions
COUNTY
hereby
agrees
to
defend
itself,
and
CITY
hereby
agrees
to defend
itself,
from
any
claim, action
or
proceeding
arising
out
of
the
concurrent
acts
or
omissions
of
COUNTY
and
CITY.

In
such
cases,
COUNTY
and
CITY
agree
to
retain their
own
March 15, 2022, Item #11
27 of 38
legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in section VI.B.5 below (referring to joint defense agreements and reimbursement and/or reallocation).

4. Claims Investigation and Procedure for Determination of Duty to Defend and Indemnify
If the COUNTY and/or CITY receive a claim or claims containing a description of circumstances, and/or are served with a complaint containing allegations, that the actions and/or omissions of the COUNTY and CITY in the performance of this Agreement contributed to the injuries and/or damages alleged in the complaint, the COUNTY shall look beyond the mere description of circumstances or allegations to determine whether CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, notwithstanding the allegations. The COUNTY, consistent with its long-standing practice, shall review the information in any COUNTY claims file, including investigative materials of the factual circumstances underlying the complaint's allegations and/or available law enforcement agency incident reports.

If the COUNTY review determines that there are no facts supporting any viable theory of liability alleged in the complaint against the CITY, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section VI.B.1 above. However, if as result of the COUNTY review, there appears to be a reasonable basis for concluding that CITY acts, omissions or dangerous conditions of CITY property may have contributed to the injuries and/or damages alleged in the complaint, COUNTY shall, as soon as practicable contact the appropriate CITY representative to discuss COUNTY's findings. If, after the discussion with CITY representative, the COUNTY is convinced that CITY was not involved, the COUNTY shall defend and indemnify the CITY pursuant to the provisions in section V l.B .1, above. However, if there continues to appear to be a March 15, 2022, Item #11
reasonable
basis
for
concluding
that
CITY
acts,
omissions
or
dangerous
conditions
of
CITY
property may
have
contributed
to
the
plaintiffs
injuries
and/or
damages
alleged
in
the
complaint,
the
COUNTY
will
notify
CITY
that
the

COUNTY,
pursuant
to
the
provisions
of
this
Agreement,
is
not
obligated
to
defend
and
indemnify
CITY
under
section
VI.B.4a,
above.

When
the
COUNTY
defends
a claims
or
suit
pursuant
to
section
VI.B.
l,
above,
the
CITY
shall
cooperate
with
COUNTY
in
thedefense
of
the
action
of
claim.

5. Joint
Defense
Notwithstanding
section
VI.B.4
above,
in
cases
where
COUNTY
and
CITY
agree
in
writing
to
a joint
defense,
COUNTY
and
CITY
may
appoint
joint
defense
counsel
to
de.fend
the
claim,
action
or
proceeding
arising
out
of
the
concurrent
acts
or
omissions
of
CITY
and
COUNTY.

Joint
defense
counsel
shall
be
selected
by
mutual
agreement
of
COUNTY
and
CITY.

COUNTY
and
CITY
agree
to
share
the
costs
of
such
joint
defense
and any
agreed
settlement
in
equal
amounts,
except
as
follows:

COUNTY
and
CITY
further
agree
that
neither
party
may
bind
the
other
to
a settlement
agreement
without
the
written
consent
of
both
COUNTY
and
CITY.

Where
a trial
verdict
or
arbitration
award,
in
a joint
defense
case,
allocates
or
determines
the
comparative
fault
of
the
parties,
COUNTY
and
CITY
may
seek
reimbursement and/or
reallocation
of
defense
costs,
judgements
and
awards,
consistent
with
such
comparative
fault.

VII.

GENERAL

PROVISIONS
28 of
38 A.

Independent
Contractor
Status
In
the
performance
of
services
under
this
Agreement,
COUNTY
and
their
respective
officers,
agents
and/or
employees
shall
be
deemed
independent
contractors
and
not
officers,
agents,
or
employees
of
CITY.

All
such
personnel
provided
by
COUNTY
under
this
Agreement
are
under
the
direct
and
exclusive
supervision,
daily
direction,
and
control
of
COUNTY
and
COUNTY
assumes
full
responsibility
for
the
actions
of
such
personnel
in
the
performance
of
March 15, 2022, Item #11
29 of 38
services hereunder.

CITY and COUNTY acknowledge and agree that CITY does not control the manner and means of performing the work of COUNTY's officers, agents, or employees who perform LawEnforcement Services, and that CITY does not have the right or authority to hire, discipline or terminate such officers, agents, or employees. COUNTY has no authority of any kind to bind CITY, and CITY has no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act or represent itself directly or by implication as an agent of CITY, or in any manner assume or create or attempt to assumeor create any obligation on behalf of or in the name of CITY. CITY shall not act or attempt to act or represent itself directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY.

B. Notices
Any notice, request, demand, or other communication required or permitted hereunder shall bein writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows; or to such other place as each party may designate by subsequent written notice to each other:

To COUNTY and SHERIFF:

Sheriffs Contracts Manager
PO Box 439062
9621 Ridgehaven Ct
San Diego, CA 92123
To: CITY
City Manager
City of Poway
13325 Civic Center Drive
Poway, CA 9207 4
A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or March 15, 2022, Item #11
30 of 38
two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received.

C. Time of the Essence
Time is of the essence of this Agreement. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to business days, not to include COUNTY and CITY holidays.

D. Amendments
This Agreement may be modified or amended only by a written document signed by both COUNTY through SHERIFF and CITY. No oral understanding or agreement shall be binding on the parties. No party shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other parties.

E. Entire Agreement
This Agreement, including all Attachments hereto, constitute the complete and exclusive statementof agreement between COUNTY and CITY with respect to the subject matter hereof.

As such,all prior written and oral understandings are superseded in total by this Agreement.

F. Construction
Each party has had the opportunity to participate in the review of this Agreement and this Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. Each of the Attachments to this Agreement are hereby incorporated into this Agreement by this reference.

G. No Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the COUNTY and the CITY. Any benefit March 15, 2022, Item #11
31 of
38 to
any
third
party
is
incidental
and
does
not
confer
on
any
third
party
to
this
Agreement
any
rights
whatsoever
regarding
the
performance
of
this
Agreement.

Any
attempt
to
enforce
provisions
of
this
Agreement
by
third
parties
is
specifically
prohibited.

H.

Waiver
A
waiver
by
COUNTY
of
a breach
of
any
of
the
covenants
to
be
performed
by
CITY,
or
a
waiver
by
CITY
of
a breach
of
any
of
the
covenants
to
be
performed
by

COUNTY,
shall
not
be
construed
as
a waiver
of
any
succeeding
breach
of
the
same
or
other
covenants,
agreements,
restrictions,
or
conditions
of
this
Agreement.

In
addition,
the
failure
of
either
party
to
insist
upon
strict compliance
with
any
provision
of
this
Agreement
shall
not
be
considered
a waiver
of
any
right
to
do
so,
whether
for
that
breach
or
any
subsequent
breach.

The
acceptance
by
COUNTY
or
CITY
of
either
performance
or
payment
shall
not
be
considered
a waiver
of
the
other
party's
preceding
breach
of
this
Agreement.

I.

Authority
to
Enter
Agreement
COUNTY
and
CITY
each
has
all
requisite
power
and
authority
to
conduct
its
respective
business
and
to
execute,
deliver,
and
perform
the
Agreement.

Each
party
warrants
that
the
individuals
who
have
signed
this
Agreement
have
the
legal
power,
right,
and
authority
to
make
this
Agreement
and
to
bind
each
respective party.

J.

Cooperation
COUNTY
through

SHERIFF
and
CITY
will
cooperate
in
good
faith
to
implement
this
Agreement. K.

Counterparts
This
Agreement
may
be
executed
in
one
or
more
counterparts,
each
of
which
shall
be
deemed
to
be
an
original,
but
all
of
which
together
shall
constitute
one
and
the
same instrument.

L.

Severability
This
Agreement is
subject
to
all
applicable
laws
and
regulations.

If
any
provision
of
this
Agreement
is
found
by
any
court
or
other
legal
authority,
or
is
agreed
upon
by
the
parties,
to
March 15, 2022, Item #11
32 of 38
be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefitof this Agreement to either party is lost, then the Agreement may be terminated at the option of the affected party, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect.

M. Representation
CITY's City Manager, or their designee, shall represent CITY in all discussions pertaining to this Agreement. Sheriff, or their designee, shall represent COUNTY in all discussions pertaining to this Agreement.

N. Job Actions
In the event of a work slowdown, strike, or any other form of job action by those individuals assigned to perform CITY Law Enforcement Services, COUNTY through SHERIFF agrees to provide only that minimal level of service agreed to by CITY and COUNTY, and CITY shall have no responsibility for the cost of SHERIFF's Law Enforcement Services personnel who withhold Law Enforcement Services to CITY under those circumstances.

0. Dispute Resolution Concerning Services and Payment
In the event of any dispute concerning services and payment arising from this Agreement, the Assistant Sheriff of the Law Enforcement Services Bureau and Sheriffs Contracts Manager, or their designees, and CITY's City Manager, or their designee, will meet and confer within ten (10) business days after receiving notice of the dispute in an attempt to resolve the dispute. In the event no agreement can be reached, the Sheriff, or their designee, and the CITY's City Manager, or their designee, shall meet to discuss resolution of said dispute.

P. Obligation
This AGREEMENT shall be binding upon the successors of the members of the City Council, the Mayor and the City Manager of CITY, and the members of the COUNTY Board of March 15, 2022, Item #11
Supervisors
and
the
SHERIFF.

IN

WITNESS

WHEREOF,
the
CITY,
by
resolution
duly
adopted
by
its
City
Council
on
___
, 2022,
has
approved
the
execution
of
this
contract
by
its
City
Manager,
and
the

COUNTY,
by
order
of
its
Board
of
Supervisors
January
25,
2022
(2)
has
approved
the
execution
of
this
contract
on
the_
Day
of
___
, 2022.

CITY
COUNTY
OF
SAN
DIEGO
City
Manager
Clerk
of
the
Board
of
Supervisors
Approved
by
City
Council
Approved
by
Board
of
Supervisors
Action_____________
Action
____________
_
Date_____________
Date
___________
_
By:___________
By:
__________
_
Approved
as
to
form
and
legality
Approved
as
to
form
and
legality
By:___________
By:
__________
_
City
Attorney
County
Counsel
Date_____________
Date
___________
_

ATTACHMENTS
TO
THIS

AGREEMENT
A:

Services
Cost
B:

City
Costs
C:

Overhead
Cost
Detail
D:

Lability
Fund
History
E:

Standardized
Equipment
List
33 of
38 March 15, 2022, Item #11

SERVICE CATEGORY
STAFF:

Deputy Patrol
Deputy Traffic
Deputy Motor
Deputy SPO
Detective
cso
Sergeant
Lieutenants
Captains
Admin Sec II
Admin Sec I
Office Assistant
Office Support Specialist
Sr. Office Assistant
Sheriffs Prop & Evid Spec I
Dept. Aide
Crime & Intelligence Analyst
Rehire (960 program) per hour
AUTO:

Patrol Sedan B/W
Patrol 4x4 B/W
Traffic Sedan B/W
Motorcycle
Management Sedan

ATTACHMENT A

CONTRACT LAW ENFORCEMENT PROGRAM

SERVICE COSTS
FY22-23

SALARY & START UP RADIO

BENEFITS COSTS REPLACEMENT
(Prorate (Full) (Prorate
if partial year) if partial year)
$218,638.52 $24,308.00 $627.14
$218,638.52 $24,308.00 $627.14
$233,892.37 $24,308.00 $627.14
$218,638.52 $24,308.00 $627.14
$228,807.75 $24,308.00 $627.14
$95,743.97 $13,948.00 $627.14
$282,742.95 $24,308.00 $627.14
$298,985.45 $24,308.00 $627.14
$348,008.22 $24,308.00 $627.14
$103,933.48 $8,749.00 $0.00
$88,265.16 $8,749.00 $0.00
$83,056.40 $8,749.00 $0.00
$100,165.83 $8,749.00 $0.00
$98,016.65 $8,749.00 $0.00
$86,292.01 $8,749.00 $0.00
$58,531.22 $8,749.00 $0.00
$158,137.43 $8,749.00 $0.00
$40.00
Ongoing Cost Per Auto
(Prorate
if partial year)
$31,631.69
$38,101.95
$31,631.69
$15,017.72
$14,151.45
Detective Sedan & Det. Supervisor $10,660.00
SPO -Sedan 4 Dr $10,660.00
SPO-Van $16,193.73
SPO-B&W $31,631.69
CSO -Sedan 4 Dr $10,660.00
CSO -Van $9,920.79
34 of 38
March 15, 2022, Item #11

ATTACHMENT B
City of Poway
Effective 7/1/2022 through 6/30/2023
February 2022
Staff # of Unit Total
SERVICE CATEGORY Cost Staff Factor Net Cost Notes
Deputy Patrol $218,638.52 17.000 3,716,854.81
Deputy Traffic $218,638 .52 8.000 1,749,108 .15
Deputy Motor $233,892.37 2.000 467,784.74
Deputy SPO $218,638.52 5.000 1,093,192.59
Detective $228,807.75 4.000 915,231.01
cso $95,743.97 1.000 95,743.97
Sergeant Patrol $282,742.95 4.000 1,130,971.79
Sergeant Traffic $282,742.95 1.000 282,742.95
Sergeant Relief $282,742.95 - -
Sergeant Dedicated $282,742.95 1.000 282,742.95
Detective Sgt $282,742.95 1.000 282,742.95
Station Staff 937,190.62
Subtotal 10,954,306.52
Ancillary Support 1,751,037.30
Supply 232,704 .31
Vehicles 733,499.52
Space 553,858.55
Management Support 341,756.68
Liability 120,495.98
Subtotal 3,733,352.34
Adjustments: -
TOTAL AMOUNT $ 14,687,658.87
Attachment B
35 of 38
March 15, 2022, Item #11

ATTACHMENT C

OVERHEAD COST DETAIL SHEET
FY2022/2023

DEPUTY SHERIFF & SERGEANT COMMUNITY SERVICE OFFICER
Station Support Staff Direct Charge Now Direct Charge Now Ancillary Support
Communications Ctr $ 18,836.93 $ 9,418.47
Reserves $ $
Crime Prevention $ 2,241.31 $ 1,120.66
Crime Analysis $ 588.70 $ 294.35
Traffic Coordinator $ 540.11 $ 270.06
Juvenile Intervention $ 3,290.04 $ 1,645.02
Family Protection $ 4,631.72 $ 2,315.86
Financial Crimes $ 3,377.54 $ 1,688.77
Domestic Violence $ 1,572.21 $ 786.10
Homicide $ 4,717.69 $ 2,358.85
Total $ 39,796.25 $ 19,898.14
Supplies
Station Direct Charge Now Direct Charge Now
Support Other . $ 2,394.66 $ 1,197.33
Total $ 2,394.66 $ 1,197.33
Space Cost
Space Direct Charge Now Direct Charge Now
Total $ $
Management Support
Admin $ 1,763.91 $ 881.96
Fiscal $ 1,935.08 $ 967.54
Personnel $ 3,212.05 $ 1,606.03
Data Services $ 1,704.31 $ 852.15
Other $ 2,301.81 $ 1,150.91
Total $ 10,917.16 $ 5,458.59
Grand Total $ 53,108.07 $ 26,554.06
Note:

Deputy, Detective, CSO, Sergeant, Station Staff, Station Supplies, Space & Vehicles are calculated directly per station.
36 of 38
March 15, 2022, Item #11

ATTACHMENT D
__ I ____ L_1A_s_1_L_1T_v_F_u_N_o_H_1_s_T_o_R_v ___ ·. ___.I I AMOUNT
Beginning Balance 862,445.74
FY 2012/2013 258,994.88
FY 2013/2014 15,350.61
FY 2014/2015 60,289.48
FY 2015/2016 (635,636.98)
FY 2016/2017 (3,361,519.58)
FY 2017/2018 (415,590.54)
FY 2018/2019 (76,889.66)
FY 2019/2020 (181,243.76)
FY 2020/2021 (1,830,471.74)
FY2021 /2022* 662,121.58
Total (4,642,149.97)
*Data as of Q1, FY21-22 ONLY
37 of 38
March 15, 2022, Item #11
VHF Mobile radio
Vehicle Type
Patrol Sedan
Patrol 4X4 (Expedition)
Patrol 4X4 (Pick Up)
Traffic Sedan
Traffic Motorcycle
Detective ( 4-Door)
Detective (2-Door)
Detective (Black & white)
Detective (Van)
CSO (Van)
Supervisory Sedan
38 of 38

ATTACHMENT E
I:

STANDARDIZED EQUIPMENT LIST
P-Al'.F-1.0L-Sl'.A~-IONS
Mobile Handitalk VHF Mobile VRM Light Plastic
Radio Radio Radio MCT's (1) Modems AVL (2) Siren Rear Seat

X X X X X

X X X X X X

X X X X X

X X X X X
X X
X X
X X

X X X X X
X X

X X X X
X X No*
(1) Mobile Computer Terminals - purchased by Communication Center. (2) Auto Vehicle Locator
(3) Amber warning light in rear deck.

X X
X
X
X X
X
X (3)
X
Radar Push Bar Gunlock Winch Screen
X X X

X X X X

X X X X

X X X X
X
X X X
March 15, 2022, Item #12
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
March 15, 2022
Honorable Mayor and Members of the City Co~cil
Eric Heidemann, Director of Public Works 4.

Will Wiley, Assistant Director of Public Works for Maintenance Operations£_ (858) 668-4705 or [email protected] ,, Y
Award of Contract to Fleming Environmental Inc. for the Hazardous Storage Units Removal and Replacement Project, Bid No. 22-002
An Invitation for Bid (IFB) for the Hazardous Storage Units Removal and Replacement Project, Bid No. 22-002 was duly advertised on December 23, 2021, and December 30, 2021. Non-mandatory pre-bid meetings were held on January 5 and January 14, 2022 and attended by four companies. Two bids were received and opened on January 26, 2022. Staff reviewed the bids and determined the lowest responsible and responsive bidder to be Fleming Environmental Inc.

Recommended Action:

It is recommended that the City Council:

1. Authorize an appropriation totaling $396,674.00 from the General Fund Capital Projects Fund 1060;

2. Award the contract for the Hazardous Storage Units Removal and Replacement Project to Fleming Environmental Inc., the lowest responsible and responsive bidder, in the amount of $396,674.00; and

3. Authorize the City Manager to execute any necessary documents.

Discussion:

The Hazardous Storage Units Removal and Replacement Project, Bid No. 22-002, consists of the removal, disposal, and replacement of three (3) hazardous waste storage units located at the City of Poway Household Hazardous Waste (HHW) Facility at 12325 Crosthwaite Circle and one (1) hazardous waste storage unit at the City of Poway Vehicle and Equipment Maintenance Facility located at 14415 Lake Poway Road. The replacement storage units will be like-for-like units and installed within the existing footprints at each site.

The City is a member of the Regional Solid Waste Association (RSWA). RSWA entered into an agreement with EDCO Disposal in 2000 to provide for household hazardous waste collection. As part 1 of 12
March 15, 2022, Item #12
of the agreement, the City is responsible for the HHW Facility's capital and operating costs. The HHW Facility has three (3) hazardous waste storage units, which are used to temporarily store household hazardous waste collected from the City's drop-off program until it is transferred to a disposal facility by the City's contractor. The current hazardous storage units at the facility were manufactured in 1997, and after 24 years have exceeded their useful life. The units are displaying significant deterioration with severe corrosion. Storage units are required to maintain compliance with the industrial permit and regulation standards set by the County of San Diego Environmental Health Department, as well as maintain compliance with the industrial general permit issued by the State Resources Water Control Board. Due to its proximity to stormwater infrastructure, this site is inspected monthly and tested after storm events. Replacing the three (3) storage units at this facility was a recommended action item on the recent inspection report provided by the City's environmental consulting firm.

The City's Vehicle Maintenance Facility is located at 14415 Lake Poway Road where staff performs maintenance on most of the City's vehicles (light, medium, and heavy-duty) and equipment. The hazardous waste storage unit at this facility is used to temporarily store waste motor oil until it is transported to a disposal facility by the City's contractor, and it also provides storage for flammable materials. This unit was manufactured in 1997 and has reached the end of its useful life. The unit is displaying significant deterioration with severe corrosion. This unit is required to maintain compliance with the industrial permit and regulation standards set by the County of San Diego Environmental Health Department.

On December 23 and December 30, 2021, staff duly advertised an IFB. On January 5 and January 14, 2022, staff held non-mandatory pre-bid meetings, which were attended by four companies. Two bids were received and opened on January 26, 2022. A summary of the submitted bids is listed in Table 1 below:

Table 1: Bid Results
Household Vehicle and '
Company Hazardous Equipment Total Bid
Amount Waste Units Maint. Unit
Fleming Environmental Inc. $272,132.17 $124,541.83 $396,674.00 NRC Environmental Services Inc. (US Ecology) $276,830.78 $127,677.22 $404,508.00 The Household Hazardous Waste AB 939 Project Account has an available project balance of $17,103 and a total fund balance of $451,286.25. Due to increased use of the HHW Facility, there are increased monthly costs for vendor services at the facility. To preserve fund balance for increasing annual operating costs, staff is requesting an appropriation in the amount of $396,674.00 for this project.

The low bid submitted by Fleming Environmental Inc. was responsive and met the requirements of the bid specifications. Based on the bids received and the work required to complete the project, Fleming Environmental lnc.'s price is fair, reasonable and Fleming Environmental Inc. is qualified to successfully complete the work. The contract time for this project is 15 working days after taking possession of all hazardous waste storage units from the supplier/manufacturer. Staff recommends that a contract be awarded to Fleming Environmental Inc. for the removal, disposal, and replacement of three (3) hazardous waste storage units located at the City of Poway Household Hazardous Waste Facility and one (1) hazardous waste storage unit at the City of Poway Vehicle and Equipment Maintenance Facility in the total amount of $396,674.00. 2 of 12
March 15, 2022, Item #12
Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).

Fiscal
Impact:

An
appropriation
in
the
amount
of
$396,674
.00
is
being
requested
from
the
General
Fund
Capital
Projects
Fund
1060
to
fund
this
project.

Sufficient
funds
are
available
for
this
request.

Public
Notification:

None. Attachments: A.

Contract
with
Fleming
Environmental
Inc.

Reviewed/
Approved
By:

Wendy
serman
Assistant
City
Manager
3 of
12 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

City
Manager
March 15, 2022, Item #12
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY

HAZARDOUS WASTE STORAGE UNITS REMOVAL AND REPLACEMENT
This Contract made and entered into this 15th day of March, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Fleming Environmental Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition,

2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: The removal, disposal and replacement of the three (3) hazardous waste storage units located at the City of Poway Household Hazardous Waste Facility at 12325 Crosthwaite Circle, Poway, California, and one (1) hazardous waste storage unit at the City of Poway Vehicle and Equipment Maintenance Facility at 14415 Lake Poway Road, Poway, California.

4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
4 of 12 ATTACHMENT A
March 15, 2022, Item #12

5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$396,674.00
the
"Contract
Price."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
Fifteen
(15)
Working
Days
after
taking
possession
of
all
hazardous
waste
storage
units
from
supplier/manufacturer.

7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.

It
is,
therefore, agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum:

Five
Hundred
Dollars
($500.00)
per Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.

If
liquidated
damages
are
not
paid,
as
assessed
by
the
City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become due
the
Contractor under
this
Contract
in
addition
to
any
other
remedy
available
to
City.

By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a penalty.

8. In
accordance
with
State
of
California
Senate
Bill
No.
854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during
the
term
of
this
project.

Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.

9. Contractor
will
pay,
and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a
salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.

Federal
prevailing
wage
rates
apply
for
federally
funded
projects.

Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code
§
1773.1.

10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
him
or
by
any
subcontractors
under
him)
less
than
the
prevailing
rate
described
above
on
the
work
provided
for
in
this
Contract.
5 of
12 March 15, 2022, Item #12

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813.

12. Contractor will comply with the provisions of Labor Code§ 1777 .5 pertaining to the employment of apprentices to the extent applicable to this Contract.

13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.

14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.

15. a. Contractor shall procure and maintain at its own expense, until completion 6 of 12
of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims­ made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.

March 15, 2022, Item #12
7 of 12
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees.
d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VI I, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.

March 15, 2022, Item #12
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds.

Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors. d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation.

Contractor agrees to provide the City with 30 days written notice prior to any non­ renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.

17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 8 of 12
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of March 15, 2022, Item #12
the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.

19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.

20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.

21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.

22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.

23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.

24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering 9 of 12
March 15, 2022, Item #12
disputed
claims
or
items
in
connection
with
a Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.

26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
including,
without
limitation,
the
plans
of
Contractor
and
any
of
its
suppliers.

Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.

All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.

The
Work
shall
be
subject
to final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.

Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.

27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.

28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.

29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code:
ii.

Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications:
or
iii.

Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.

Pending
a
determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.

City
shall
promptly
investigate
the
reported
conditions.

If
City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
10 of
12 March 15, 2022, Item #12
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

31. This Contract is to be governed by the laws of the State of California.

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
11 of 12
March 15, 2022, Item #12
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

Fleming Environmental Inc.

By: ----------­
Signature
Print Name
Contractor information:

Address for Notices and Payments
Telephone Number: ______ _
Email: ------------
ATTEST:

Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager

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