AGENDA Poway City Council
Council Chamber I 73325 Civic Center Drive I Poway , CA I 92064 March 15, 2022 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.
Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.
Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.
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To Speak and Participate Remotely:
Go to: www.poway .org/meeting and join using
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speakers:
Call: (877) 853 - 5247
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PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
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REMOTE SPEAKERS: If viewing on line or calling in via telephone, it is highly recommended to log in to the waiting room at least 15 to 30 minutes prior to the commencement of the meeting. Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. If you wish to Steve Vaus
Mayor
John Mullin
Deputy Mayor
Dave Grosch
Council member
Caylin Frank
Council member
Barry Leonard
Council member
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.
Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp .
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org . Sign up at https ://poway.org/list.aspx to receive email notifications when City Council agendas are published on line. Items listed on the agenda with a "#" symbol are in preparation.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION:
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however , the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.
Speakers have one opportunity to addres s the Counc il under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one mot ion by the Council with a Roll Call Vote witho ut discu ssion un less a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
2 of 4 Regular City Council Meeting March 15, 2022
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the February 1, 2022 Special and Regular City Council Meeting Minutes and February 23, 2022 Special City Council Meeting Minutes
3. Adoption of Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic
4. Annual Report - Implementation of the General Plan in 2021
5. Approval of a First Amendment to the EDCO Solid Waste Franchise Agreement to Comply with State Mandated Organic Waste Disposal Requirements
6. Approval of Consultant Agreement with BrainShine for the Community Services Guide Graphic Artist
7. Acceptance of the Exposed Sewer East of Martincoit Project; Bid No. 21-012 with Blue Pacific Engineering & Construction, as Complete
8. Award of Contract to Tri-Group Construction and Development, Inc. for the Welcome to Poway Sign Replacement Project; Bid No. 22-004
9. Approval of Amendment to Employment Agreement for the City Manager
10. Approval of Final Map for Tentative Tract Map 17-005 (Hidden Valley Ranch Subdivision); Barbara Malone, Applicant. (APNs: 277-070-34-00, 277-240-01-00 thru 277-240-18-00 and 277-241-01-00 thru 277-241-17-00)
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS : None
STAFF REPORTS:
11. Agreement with the County of San Diego and the San Diego County Sheriff for Municipal Law Enforcement Services
City Manager's Recommendation: 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
12. Award of Contract to Fleming Environmental Inc., for the Hazardous Storage Units Removal and Replacement Project; Bid No. 22-002
City Manager's Recommendation: It is recommended the City Council; 1) Authorize an appropriation totaling $396,674.00 from the General Fund Capital Projects Fund 1060; 2) Award 3 of 4 Regular City Council Meeting March 15, 2022
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 $396,674.00; and 3) Authorize the City Manager to execute any necessary documents.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: None
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
ADIOURNMENT
State of California
County of San Diego
)
) ss.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on March 8, 2022.
Said meeting to be held at 7:00 p.m., March 15, 2022, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. i /wtM6.£ r-dt/£$}il_
Carrie Gallagher, CMC, City Clerk
4 of 4 Regular City Council Meeting March 15, 2022
1 of 11
March 15, 2022, Item #2
DATE:
TO:
FROM:
March 15, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk L~
(858) 668-4535 or cgallaghe;@po~ay.org
City of Poway
CITY COUNCIL
SUBJECT: Approval of the February 1, 2022 Special and Regular City Council Meeting Minutes and February 23, 2022 Special City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• February 1, 2022 Special City Council Meeting Minutes • February 1, 2022 Regular City Council Meeting Minutes • February 23, 2022 Special City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve February 1, 2022 Special City Council Meeting Minutes, February 1 Regular City Council Meeting Minutes and February 23, 2022 Special City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. February 1, 2022 Special City Council Meeting Minutes B. February 1, 2022 Regular City Council Meeting Minutes C. February 23, 2022 Special City Council Meeting Minutes Reviewed/ Approved By:
0;n~ aserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
2 of 11
March 15, 2022, Item #2
ATTACHMENT A
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL SPECIAL MEETING
MINUTES -CLOSED SESSION
February 1, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Special Meeting to order at 6:45 p.m.
ROLL CALL
Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher, Human Resources and Risk Management Director Jodene Dunphy
PUBLIC COMMENT
None.
CONSENT CALENDAR
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
None.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION
1 3 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 1, 2022
1. Conference with Labor Negotiators
Government Code Section 54957.6
Designated City Representatives: Chris Hazeltine, Wendy Kaserman, and Jodene Dunphy
Employee Organization: Teamsters Local 911
Mayor Vaus adjourned the meeting into Closed Session at 6:46 p.m.
City Council came out of Closed Session at 6:55 p.m. and City Attorney Fenstermacher announced that there was no reportable action.
ADJOURNMENT
The meeting adjourned at 6:55 p.m.
2 Carrie Gallagher, CMC
City Clerk
City of Poway, California
4 of 11
March 15, 2022, Item #2
ATTACHMENT B
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
February 1, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Interim Fire Chief Scott Post; Captain Dave Schaller, Sheriff's Department (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Mullin led the Pledge of Allegiance.
MOMENT OF SILENCE
Mayor Vaus led a moment of silence.
PRESENTATIONS
Mayor Vaus spoke regarding the retirement of Sheriff's Department Lieutenant, Michael Knobbe.
Sheriff's Department Captain Dave Schaller provided a brief background of Lieutenant Knobbe's time with the Department, he added that he will be missed and wished him well. 5 of 11
March 15, 2022, Item #2
City of Poway-Minutes -February 1, 2022
PUBLIC COMMENT
Yuri Bohlen asked regarding an opening date of the Amazon Fresh Store.
Janet Lettang, via teleconference, spoke regarding "America the Beautiful", a free upcoming concert performed by the US Army Field Band and Soldiers Chorus to take place at the Poway Center for the Performing Arts.
Sarah Sleipness, via teleconference, spoke regarding concerns of jaywalking on Community Rd near the Walmart Supercenter.
Sheriff's Department Captain Dave Schaller provided a brief update on the pedestrian accident which recently occurred on Community Road. Captain Schaller indicated it would be one to two months before all reports related to the accident are completed.
Mayor Vaus reordered the agenda to hear COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS at this juncture.
CONSENT CALENDAR
Motioned by Mayor Vaus seconded by Councilmember Frank to approve Consent Calendar Items 1 through 3. Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Adoption of Resolution No. 22-006 entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic"
3. City's Investment Report as of December 31, 2021
(Mayor Vaus reordered the agenda to hear the following Item after Item #6) ORDINANCES FOR INTRODUCTION:
4. Electing to Become Subject to the California Uniform Public Construction Cost Accounting Procedures of the Public Contract Code and Amending Poway Municipal Code, Title 3 (Revenue and Finance), Chapter 3.28 to Provide Informal Bidding Procedures for Public Projects Pursuant to the California Uniform Public Construction Cost Accounting Act Assistant Director, Maintenance & Operations for Public Works Will Wiley presented the item along with a PowerPoint presentation. He stated that the item before Council this evening is for the consideration of a resolution to elect to become subject to the procedures set forth in the California Uniform Public Construction Cost Accounting Act (CUPCCAA) and to consider amending Chapter 3.28 of the Poway Municipal Code establishing informal bidding 2 6 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 1, 2022
procedures. He stated the amendments would allow public projects of $60,000 or less to be awarded by contract without formal bid procedures or Council approval. He added that for public projects greater than $60,000 but less or equal to $200,000, it would allow for informal bidding procedures of at least three quotes, with the award of contracts by Council.
Additionally, for all public projects more than $200,000, formal competitive bidding will still be required, and the contract must be awarded by the Council to the lowest responsible bidder.
The amendments would increase the limit for Public Works projects from $5,000 to the thresholds outlined by CUPCCAA and extends the informal bit limits for supplies, services, and equipment to $60,000, amends the cooperative purchasing provisions to allow for purchases from agencies outside the state and directly off contracts made by agencies not belonging to cooperative purchasing programs. It also increases the City Manager's signing authority from less than $50,000 to less than $60,000 with any contract in the amount of $60,000 or more requiring City Council approval. CUPCCAA will allow staff to quickly and efficiently administer small routine public works projects leading to more cost-effective use of public funds.
No speakers.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-007 entitled "A Resolution of the City Council of the City of Poway, California, Electing to Become Subject to the California Uniform Public Construction Cost Accounting Procedures of the Public Contract Code." Motion carried 5/0.
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to adopt Ordinance No. 853 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Sections 3.28.060, 3.28.070, 3.28.110, 3.28.120 And Adding 3.28.150 to Chapter 3.28 (Purchasing) of the Poway Municipal Code." Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
ORDINANCES FOR ADOPTION
None.
(Mayor Vaus reordered the agenda to hear the following Item after the Consent Calendar.) PUBLIC HEARINGS:
5. Post 2020 Census Redistricting Process -Fourth Public Hearing Mayor Vaus opened the Public Hearing at 7: 15 p.m.
City Attorney Alan Fenstermacher stated that he would be presenting on items five and six together. He noted that item five is the fourth scheduled public hearing and the second public hearing specific to the draft map. He reminded Council of federal and state requirements for the map noting that the current map remains in compliance with all legal requirements. He 3 7 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 1, 2022
reviewed the minimal census changes from 2010 to 2020 as they pertain to the current City Council district boundaries and stated that the deviations are within federally accepted standards. He concluded that staff is recommending that Council retain the existing district map, adopted in 2017, which remains in full compliance with all laws.
Public Comment:
Yuri Bohlen spoke in support of retaining the current district map.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:20 p.m.
By consensus, Council directed staff to continue with the process and proceed with the recommendation as presented.
6. Introduction of Ordinance Adopting the Post 2020 Census Redistricting City Council District Map
Mayor Vaus opened the Public Hearing at 7:20 p.m.
City Attorney Alan Fenstermacher previously presented the report along with item five. He noted that item six is the introduction and first reading of an ordinance to adopt the existing district map as the Poway map for the next 10 years. He added that if adopted tonight, the ordinance second reading will be scheduled for February 15.
Public Comment:
Yuri Bohlen spoke regarding the current re-districting process specifically in regards to what he believes to be excessive submissions of draft maps by Poway residents; he recommended allowing only one draft map per private citizen in future redistricting processes.
Mayor Vaus closed the Public Hearing at 7:23 p.m.
Council discussion ensued.
Motioned by Deputy Mayor Mullin, seconded by Councilmember Leonard to adopt Ordinance No. 852 entitled "An Ordinance of the City Council of the City of Poway, California, Adopting Boundaries for City Council Districts Pursuant to the Fair Maps Act (Government Code 21601 Et Seq.)." Motion carried by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
(Mayor Vaus reordered the agenda to hear the following Item after Item #4) 4 8 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 1, 2022
7. Tentative Tract Map 22-001 -Del Norte Professional Office Buildings Condo Conversion; a request to convert two existing commercial office buildings into office condominiums Mayor Vaus opened the Public Hearing at 7:24 p.m.
Senior Planner Austin Silva presented the report along with a PowerPoint presentation. He noted this item is at the request of Strong Entitlement, permitting for a tentative tract map for an office condominium conversion. He gave the project location, site size, and noted its surroundings. He stated that the site is developed with two office buildings totaling over 23,000 square feet, housing 19 suites combined between the two buildings which currently lease as commercial and medical uses. The easterly building was approved and constructed prior to the City's incorporation and in October of 2004, the City Council approved a development request to construct the smaller building to the west of the original building. He added this conversion into office condominiums will allow the suites to be individually sold and owned.
He added that an owner's association will be established making them responsible for maintenance of common areas such as the parking lot and landscaping. He noted that although no changes are proposed to the building, the approval of a comprehensive sign program is required prior to final map approval and no significant exterior changes are proposed to the site. Driveway improvements may be required if it is found not to meet ADA standards.
Public Comment:
Terry Strom, owner representative, offered his support to staff and his availability to answer any questions.
Mayor Vaus closed the Public Hearing at 7:32 p.m.
Council discussion ensued.
Motioned by Mayor Vaus, seconded by Councilmember Leonard to adopt Resolution No. 22-008 entitled "A Resolution of the City Council of the City Of Poway, California, Approving Tentative Tract Map 22-001 for the Conversion of Two Existing Commercial Office Buildings Into Commercial Office Condominiums; Assessor Parcel Number 275- 461-12." Motion carried 5/0.
STAFF REPORTS
None.
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
None
(Mayor Vaus reordered the agenda to hear the following Item after Public Comment.) COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
5 9 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 1, 2022
Councilmember Grosch reported that his wife's health was well following a recent surgery.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) City Attorney Fenstermacher stated, no reportable action from the earlier 6:45 p.m. Special Closed Session meeting.
ADJOURNMENT
The meeting adjourned at 7:33 p.m.
6 Carrie Gallagher, CMC
City Clerk
City of Poway, California
10 of 11
March 15, 2022, Item #2
ATTACHMENT C
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL SPECIAL MEETING
MINUTES -CLOSED SESSION
February 23, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Special Meeting to order at 2:00 p.m.
ROLL CALL
Barry Leonard (Arrived at 2:02 p.m.), Caylin Frank, Dave Grosch, John Mullin, Steve Vaus
STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher (via teleconference), Director of Community Services Audrey Denham
PUBLIC COMMENT
None.
CONSENT CALENDAR
None.
COUNCIL-INITIATED ITEMS
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
None.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
CLOSED SESSION
1 11 of 11
March 15, 2022, Item #2
City of Poway -Minutes -February 23, 2022
1. Conference with Real Property Negotiator (Gov. Code § 54956.8) Property: APN 278-450-2700
City Negotiator: City Manager Chris Hazeltine
Persons with whom the City Negotiator May Negotiate: Ron Little; Best, Best & Krieger
Under Negotiation: Terms of Use
Mayor Vaus adjourned the meeting into Closed Session at 2:02 p.m.
City Council came out of Closed Session at 3:35 p.m. and City Attorney Fenstermacher announced that there was no reportable action.
ADJOURNMENT
The meeting adjourned at 3:35 p.m.
2 Carrie Gallagher, CMC
City Clerk
City of Poway, California
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 15, 2022
Honorable Mayor and Members of the City Council
Scott Post, Interim Fire Chief~
Scott Post, Interim Fire Chief
(858) 668-4462 or [email protected]
CITY COUNCIL
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to cause unprecedented impacts on all economic and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.
Recommended Action:
It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVID-19. This action requires a four-fifths (4/5) vote of the City Council.
Discussion:
The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. COVID-19 has resulted in a swift economic slowdown and high unemployment rates. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. While efforts are focused on re opening the economy and relaxing restrictions, impact on Poway residents, businesses and visitors continues. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7. In 2022, the City 1 of 5
March 15, 2022, Item #3
Council
approved
to
continue
the
emergency
action
on
January
18,
February
1,
February
15,
and
March
1. The
adopted
resolution
requires
the
City
Council
to
either
continue
the
emergency
action
or
declare
the
emergency
ended
at
each
regular
meeting.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
As
of
February
28,
2022,
City
costs
to
respond
to
COVID-19
are
estimated
at
$1,047,980.
These
costs
specifically
relate
to
FEMA
eligible
expenditures.
The
total
fiscal
impact
is
unknown
at
this
time.
Per
the
City
Council
adopted
General
Fund
Reserve
policy,
the
City
maintains
a
General
Fund
Reserve
of
45 percent
of
the
budgeted
annual
General
Fund
operating
expenditures,
or
$20,393,896
as
of
June
30,
2021,
net
of
the
$2,000,000
used
from
the
Extreme
Events/Public
Safety
reserve
the
City
Council
approved
on
April
16,
2020
to
fund
the
Poway
Emergency
Assistance
Recovery
Loan
(PEARL)
program.
The
PEARL
program
is
discussed
in
more
detail
below.
Within
that
45 percent,
$13,179,618
is
set
aside
for
Extreme
Events/Public
Safety.
Based
upon
the
City's
reserve
policy,
there
are
adequate
reserves
to
cover
the
costs
to
respond
to
this
health
emergency.
Further,
staff
believes
some
of
the
costs
are
recoverable
under
State
and
Federal
Disaster
programs.
Amounts
recovered
under
these
programs
will
be
used
to
replenish
the
General
Fund
reserve.
Pursuant
to
the
reserve
policy,
staff
will
return
with
a
plan
to
replenish
any
General
Fund
reserves
not
replenished
under
a
State
or
Federal
Disaster
program.
Staff
will
recommend
applicable
budget adjustments
prior
to
the
completion
of
the
current
fiscal
year.
In
addition
to
using
reserves
to
respond
to
COVID-19,
as
mentioned
above,
on
April
20,
2020,
the
City
Council
approved
$2,000,000
to
fund
the
PEARL
program
for
small
businesses.
The
PEARL
program's
goal
is
to
offer
financial
assistance
to
small
businesses
located
in
Poway
by
complementing
existing
state
and
federal
loan
programs
and
to
provide
a financial
bridge
to
businesses
to
survive
the
current
emergency.
The
PEARL
program
provides
loans
of
up
to
$50,000
to
eligible
businesses.
As
of
February
28,
2022
, staff
has
received
80 applications
requesting
$2,912,165
in
loans.
Based
on
staffs
review,
35 loans
totaling
$1,385,326
have
been
approved
and
four
loans
totaling
$148,000
have
been
repaid.
The
reserve
fund
will
be
replenished
from
the
repayment
of
PEARL
loans
over
a
three-year
period
following
the
end
of
the
local
COVID-19
emergency.
This
period
falls
within
the
General
Fund
Reserve
Policy's
direction
to
fully
replenish
reserves
within
five
years
of
use.
Public
Notification:
None. Attachments: A.
Resolution
B.
Proclamation
of
Local
Emergency
Reviewed/
Approved
By:
Wend
Y
erman
Assistant
City
Manager
2 of
5 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
r:
c~ City
Manager
March 15, 2022, Item #3
RESOLUTION
NO.
22-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
FINDING
AND
DECLARING
THE
CONTINUED
EXISTENCE
OF
AN
EMERGENCY
WITHIN
THE
CITY
DUE
TO
THE
NOVEL CORONAVIRUS
(COVID-19)
GLOBAL
PANDEMIC
WHEREAS,
the
Novel
Coronavirus
(COVID-19)
global
pandemic
in
the
City
of
Poway,
commencing
on
or
about
January
24,
2020
that
creates
a
threat
to
public
health
and
safety;
WHEREAS,
Government
Code
section
8630
and
Poway
Municipal
Code
(PMC)
Section
2.12.060
empower
the
City
Manager,
acting
as
the
Director
of
Emergency
Services,
to
proclaim
the
existence
of
a
local
emergency
when
the
City
is
affected
by
a
public
calamity,
and
the
City
Council
is
not
in
session;
WHEREAS,
on
March
13,
2020,
the
City
Manager,
acting
pursuant
to
Government
Code
section
8630
and
PMC
section
2.12.060,
proclaimed
the
existence
of
a
local
emergency
based
on
conditions
of
extreme
peril
to
the
health
and
safety
of
persons
caused
by
the
Novel
Coronavirus
(COVID-19)
global
pandemic;
WHEREAS,
on
March
18,
2020,
the
City
Council,
acting
pursuant
to
Government
Code
section
8630
and
PMC
section
2.12.065,
ratified
the
existence
of
a
local
emergency
within
seven
(7)
days
of
a
Proclamation
of
Local
Emergency
by
the
City
Manager;
WHEREAS,
the
City
Council,
acting
pursuant
to
PMC
section
2.12.065,
approved
extending
the
emergency
declaration
during
regularly
scheduled
meetings
in
2020
on
April
7,
April
21,
May
5,
May
19,
June
2,
June
16,
July
7,
July
21,
August
4,
September
1,
September
15,
October
6,
October
20,
November
17,
December
1,
December
15,
and
in
2021
on
January
19,
February
2,
February
16,
March
2,
March
16,
April
6,
April
20,
May
4,
May
18,
June
1,
June
15,
July
20,
August
3,
August
17,
September
7,
October
5,
October
19,
November
2,
November
16,
December
7,
and
in
2022
on
January
18,
February
1,
February
15 and
March
1;
WHEREAS,
Public
Contract
Code
Section
20168
provides
that
the
City
Council
may
pass
by
four-fifths
(4/5)
vote,
a
resolution
declaring
that
the
public
interest
and
necessity
demand the
immediate
expenditure
of
public
money
to
safeguard
life,
health,
or
property;
WHEREAS,
upon
adoption
of
such
resolution,
the
City
Manager
may
expend
any
sum
required
in
the
emergency
and
report
the
same
to
the
City
Council
in
accordance
with
Public
Contract
Code
Section
22050;
WHEREAS,
if
such
expenditure
is
ordered,
the
City
Council
shall
review
the
emergency
action
at
each
regular
meeting,
to
determine
if
there
is
a
need
to
continue
the
action
or
if
the
Proclamation
of
Local
Emergency
may
be
terminated;
and
WHEREAS,
such
the
Novel
Coronavirus
(COVID-19)
global
pandemic
constitute
an
emergency
within
the
terms
of
Public
Contract
Code
Sections
20168
and
22050
which
requires
that
the
City
Manager
be
able
to
act
quickly
and
without
complying
with
the
notice
and
bidding
procedures
of
the
Public
Contract
Code
to
safeguard
life,
health,
or
property.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
hereby
3 of
5 ATTACHMENT
A
March 15, 2022, Item #3
Resolution
No.
22-
Page
2 finds
and
declares:
SECTION
1:
An
emergency
continues
to
exist
within
the
City
as
the
result
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic;
and
(a)
The
continuing
threat
of
the
Novel
Coronavirus
(COVID-19)
global
pandemic
requires
that
the
City
be
able
to
expend
public
money
in
order
to
safeguard
life,
health,
or
property;
(b)
The
City
Manager,
as
the
City's
Personnel
Officer,
is
authorized
to
take
actions
necessary
to
alter
employee
leave
policies
and
ensure
a
safe
and
healthy
workforce;
(c)
The
City
Manager
is
authorized
to
safeguard
life,
health,
or
property
without
complying
with
notice
or
bidding
procedures;
and
(d)
Once
such
expenditure
is
made,
the
City
Manager
shall
report
the
conditions
to
the
City
Council
at
each
regular
meeting,
at
which
time
the
City
Council
shall
either
continue
the
emergency
action
or
declare
the
emergency
ended.
SECTION
2:
This
Proclamation
of
Local
Emergency
and
all
subsequent
resolutions
in
connection
herewith
shall
require
a
four-fifths
(4/5)
vote
of
the
City
Council.
PASSED,
ADOPTED
AND
APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
15th
day
of
March,
2022
by
the
following
vote,
to
wit:
AYES: NOES: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4 of
5 March 15, 2022, Item #3
PROCLAMATION
OF
LOCAL
EMERGENCY
WHEREAS,
section
2.12.060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
likely
to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session;
WHEREAS,
the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24,
2020;
WHEREAS,
that
the City
Council
of
the City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and
WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued.
NOW,
THEREFORE,
IT
IS
HEREBY
PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS
FURTHER
PROCLAIMED
AND
ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that;
1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and
2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.
PASSED
AND
ADOPTED
by
the
Director
of
Emergency
Services
for
the City
of
Poway
this
13th
day
of
March
2020.
Director
of
Emergency
Services
5 of
5 ATTACHMENT
B
March 15, 2022, Item #3
March 5, 2022, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
March 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,/A1
Austin Silva, Senior Planner /6
858-668-4658/ [email protected]
Annual Report -Implementation of the General Plan in 2021
CITY COUNCIL
Government Code Section 65400(a)(2) requires that the planning agency of a local government provide an annual report to its legislative body on the status of the General Plan and the progress made in its implementation. The report also is to provide an update on progress made in meeting the City's share of regional housing needs. The attached report provides a list of projects and programs the City completed or undertook during the 2021 calendar year (as of December 31, 2021 ).
The projects and programs were determined to be consistent with the goals, policies, and strategies of the Poway General Plan; therefore, progress was made in the implementation of the General Plan.
Recommended Action:
It is recommended that the City Council receive and file this report and authorize submittal to the State Department of Housing and Community Development, the State Office of Planning and Research, and the San Diego Association of Governments (SAN DAG).
Discussion:
Government Code Section 65400(a)(2) requires that an annual report be provided to the City Council on the status of the implementation of the General Plan. The report must address the City's progress in its General Plan implementation, including the progress in meeting its share of regional housing needs. The Annual Report should also include a discussion of constraints to the maintenance, improvement, and development of housing.
The intent of the required annual report is to ensure that the General Plan directs all land use decisions and remains an effective guide for future development. Since the General Plan acts as a long-term guide for the physical development of the City, and because a periodic update is required to reflect current circumstances, it is important that the City annually review the General Plan and its implementation.
1 of 55
March 5, 2022, Item #4
The
information
shown
in
the
Annual
Report
(Attachment
A)
provides
a
list
of
projects
and
programs
implemented
by
the
City
during
the
2021
calendar
year
(as
of
December
31,
2021)
in
compliance
with
the
direction
of
the
various
goals,
policies,
and
strategies
of
the
Poway
General
Plan.
The
information
provided
in
the
report
is
intended
to
assist
the
City
Council
in
determining
the
success
of
implementing
the
policies
in
the
General
Plan.
The
2021
Annual
Report
addresses
the
goals
of
the
following
elements
of
the
City
of
Poway
General
Plan:
=~
Community
Development/Land
Use
Element
•
New
development
applications
submitted
in
2021
included
three
Development
Review
(DR)
applications,
40 Minor
Development
Review
Applications
(MDRA),
five
Tentative
Tract
Maps
(TTM),
and
two
Tentative
Parcel
Maps
(TPM)
(Attachment
A
-Chart
1 ).
It
should
be
noted
that
24 of
the
40 MDRAs
were
requests
for
the
construction
of
new
custom
single-family
homes.
One
of
the five
TTM
applications
was
a
request
for
a
one-year
time
extension
of
a
previously
approved
TTM
where
the
approvals
were
due
to
expire
before
the
maps
would
be
finalized
and
recorded.
Another
TTM
application
was
a
revision
to
the
tentative
map
for
The
Farm
project.
•
In
July
2021,
the
City
Council
approved
the
Hidden
Valley
Ranch
subdivision
east
of
Old
Coach
Road,
north
of
and
adjacent
to
the
Blue
Sky
Ecological
Reserve.
The
tentative
map
for
the
project
expired
in
July
2019,
and
the
map
was
resubmitted
again
with
no
changes.
Hidden
Valley
Ranch
has
its
own
specific
plan
and
will
consist
of
41 single-family
lots;
preservation
of
the
majority
of
the
existing
agricultural
operation,
the
existing
ranch
house,
and
a private
nine
hole
golf
course;
preservation
of
approximately
57 acres
of
the
site
as
open
space;
and
the
provision
of
a
public
recreation
trail
through
the
site.
•
In
December
2021,
the
City
Council
approved
a
modification
to
the
Outpost
project
located
at
13249-13253
Poway
Road
in
the
Town
Center
district
of
the
Poway
Road
Specific
Plan
Area.
The
modified
project
includes
15,871
square
feet
of
commercial
space
and
72 residential
dwelling
units,
including
nine
affordable
units.
This
is
a
reduction
of
24,342
square
feet
of
commercial
space
and
an
increase
of
19 dwelling
units
from
the
previously
approved project.
A
density
bonus
was
granted
to
exceed
the
allowable
density
for
the
Town
Center
district.
Visually
the
project
will
look
the
same
as
what
the
City
Council
previously
approved.
The
project
is
partially
constructed.
•
In
2021,
tree
removal
and
grading
permits
were
issued
for
The
Farm
in
Poway
project.
Project
completion
is
anticipated
in
2025.
The
City
Council
approved
The
Farm
in
Poway
project
in
June
2020
and
the
project
was
subsequently
approved
by
the
Poway
voters
in
the
November
2020
general
election.
The
Farm
in
Poway
is
a
planned
community
spanning
117
acres
that
will
redevelop
the
decommissioned
StoneRidge
Country
Club
with
160
residential
units
and
up
to
30,000
square
feet
of
non-residential
buildings
that
can
be
used
for
educational,
social,
commercial,
and
recreational
uses.
A
three-acre park
with
a grass
amphitheater
and
dog
park
is
also
proposed
in
the
center
of
the
project
site.
The
project
also
includes
traffic
and
pedestrian
improvements
to
adjacent
streets
and
intersections.
• A
total
of
seven
building
permits
were
issued
in
2021
for
new
single-family
residential
development;
26 building
permits
were
issued
for
Accessory
Dwelling
Units,
also
known
as
ADUs,
and
14 building
permits
for
a
total
of
45 units
were
issued
for
multi-family
buildings
(Poway
Commons).
2 of
55 March 5, 2022, Item #4
• One building permit totaling 99,895 square feet (Chart 3) was issued for new commercial development in 2021 for the A-1 Self Storage located at 12183 Kirkham Way. Building permits were also issued for commercial tenant improvement (Tl) projects for existing commercial space, and a fa~ade remodel for the Twin Peaks Plaza shopping center. • In February 2021, the City Council approved an amendment to the Poway Road Specific Plan to allow for thrift stores in the Mixed-Use and Town Center districts. • In October 2021, the City Council approved an amendment to the South Poway Specific Plan to allow freestanding wireless communication facilities to have a maximum height of 90 feet as a conditionally permitted use.
• In December 2021, the City Council approved an amendment to the Old Coach Golf Estates Specific Plan to designate portions of a remainder parcel as residential, allow for six single family residential lots, and establish development standards for the subdivision on a property located north of the intersection of Espola Road and Old Coach Road. Also included in the Specific Plan Amendment was a transfer of development rights for four single-family lots from a 122.5-acre parcel, located east of Old Coach Road approximately one mile north of Espola Road, that had a tentative map approved with five residential lots. The ability to develop one residential lot remains on the 122.5-acre property and approximately 120 acres of open space will be preserved.
~-1 Housing Element
• The City of Poway Housing Element Update Uune 30, 2020 to April 15, 2029) was adopted by the Poway City Council on August 3, 2021. The Housing Element Update is currently being revised for review by the State of California Department of Housing and Community Development (HCD) for certification. With the adoption of the City's Housing Element Update, City staff continues to work on several Program Implementation tasks of the Housing Element. • With the adoption of revised ADU regulations in 2019, building permits issued for ADUs remained steady with 26 being issued in 2021 . Based on comparable rents analysis, staff has determined that ADUs are typically affordable to moderate-income households. ADUs are expected to play a significant role in meeting the City's Regional Housing Needs Allocation (RHNA) and meeting fair-housing initiatives within the current housing element cycle. • For the current Housing Element Cycle, SANDAG has allocated a total of 1,319 housing units for Poway distributed in the four income categories.
• The breakdown of units allocated for the different affordability levels is shown below with the amount of units remaining to be permitted in the current Housing Element Cycle:
Very Low: 468 (454 remaining)
Low: 268 (197 remaining)
Moderate: 241 (178 remaining)
Above Moderate: 342 (253 remaining)
• In 2021, construction continued for the Poway Commons development consisting of 141 residential units, 43 of which will be affordable to seniors within very-low and low-income households. Preference will be given to veterans for 15 of the units. Construction is expected 3 of 55
March 5, 2022, Item #4
to be completed in 2022.
• City Staff reviewed the submissions and interviewed developers in 2021 in response to a Request for Qualification for the Monte Vista housing site for the development of at least 41 affordable apartment units. A developer will be selected in 2022 with the entitlement process to follow.
~-l Transportation Element
• The Espola Road Pedestrian Improvements Project consists of a multi-purpose decomposed granite pathway on the west side of Espola Road from Mountain Road to Willow Ranch Road, the undergrounding of existing utilities, and other improvements such as lighting and fencing. On October 21, 2014, the City Council approved a consultant agreement for preparation of final design of the improvements. The original project scope included the undergrounding of approximately 2,000 linear feet of existing overhead utility lines at the southern end of the project. In early 2016, the City Council directed staff to expand the undergrounding to also include the northern portion of the project. The design of the improvements and undergrounding was completed in 2017. All necessary construction easements and right-of-way were acquired in 2017. Phase 1 of the construction began in April 2018 and finished in January 2019. The undergrounding activities began in April 2019 and were completed in October 2021. Phase 2 of the improvements began in October 2021 and is anticipated to be completed in 2022.
• As part of the street maintenance program in 2021, approximately 20.1 miles ofroadwaywere slurry sealed and various street overlays were performed totaling approximately 3.5 miles in length.
• Design was completed on the LED Street and Safety Lighting Conversion project in 2019 and installations were completed in early 2020. The project replaced all existing street and safety light fixtures in the public right-of-way, except decorative lighting, with light emitting diode (LED) lights. The new lighting will be more energy efficient while preserving dark skies. The cost of the project was less than originally anticipated and provided the opportunity to add the decorative lighting in the Old Poway neighborhood and Civic Center area. The lights in these areas were replaced with LED lights in 2021.
• Construction began in September 2021 for the annual Traffic Signal Controller Upgrades project which replaced cabinets, controllers, wiring and miscellaneous equipment necessary to maintain uninterrupted operation of three signals located at Oak Knoll Road and Poway Road, Oak Knoll Road and Pomerado Road, and Community Road and Scripps Poway Parkway. Construction was substantially completed in December 2021, with the exception of a battery back-up enclosure at Poway Road and Oak Knoll Road. Due to supply issues, this last item is anticipated to be completed in March 2022.
• Design began in 2019 to widen Espola Road between Poway Road and Range Park Road to add designated bike lanes. The proposed bike lanes will connect existing bike lanes on either side of a narrow stretch of curved roadway with limited sight visibility. The project involves coordination with the San Diego County Water Authority for grading activities to occur within their easement. Design for the project was completed in 2021 and construction has been put on hold until additional funding becomes available.
4 of 55
March 5, 2022, Item #4
• The preparation of the Local Road Safety Plan (LRSP) began in July 2021 and is anticipated to be completed in early 2022. The LRSP is a report that identifies, analyzes, and prioritizes safety improvements on the City's roads and can be used to secure grant funding for future projects.
The City received grant funding from the State of California for the preparation of the LRSP. • The City applied for and was awarded a Highway Safety Improvement Program (HSIP) grant in 2021 for safety improvements along Poway Road. The HSIP is a federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads. The grant application includes installation of directional medians at four non-signalized locations along Poway Road to restrict left turns onto Poway Road while still allowing drivers to turn left into shopping centers along the street. The application also includes upgrades to five signalized intersections along Poway Road between Pomerado Road and Midland Road.
The design of this project is anticipated to begin in 2022 with construction starting in 2023. t·l Public Facilities Element
• The City of Poway operates cultural, historical, and outdoor recreation facilities enjoyed by residents and visitors from all over the region. Poway is home to 18 parks, 21 sports fields, a swim center, a skate park, joint-use school facilities, the Poway Center for the Performing Arts, the Kumeyaay lpai Interpretive Center, the Blue Sky Ecological Reserve, and the Poway branch of the San Diego County Library.
• In 2021, construction was completed on the replacement community center at Community Park. The new facility, called the Mickey Cafagna Community Center, is a multi-generational and multi-purpose facility to serve the Poway community. A grand opening celebration was held in June 2021.
• In 2021, the Community Services and Development Services Departments worked together on the ADA Barrier Removal Lake Poway Pathways project, which addressed issues with the ADA parking stalls and accessible path of travel in the volleyball courts area at Lake Poway Park.
• In 2021, the City conducted an updated needs assessment to determine future amenities and offerings at Community Park. This is an action plan to provide a prioritized list of programs, facilities, and amenities to be considered for Community Park in the future. The outreach and assessment is being prepared by PROS Consulting, Inc. A robust public outreach program was implemented which included a designated webpage (www.PlanCommunityPark.com). The City Council is expected to review the final needs assessment for adoption in early 2022. ~l Resources Element
• Development projects that impact habitat land are required to mitigate the impacts in accordance with Poway Subarea Habitat Conservation Plan (HCP). Mitigation is achieved through either dedication of Biological Conservation Easements (BCE) of similar quality habitat located within the HCP Mitigation Area or through payment of a Habitat Mitigation In-Lieu Fee.
The purpose of the In-Lieu Fee is to provide the City a funding source to use in acquisition of habitat land within the Mitigation Area for preservation and dedication. In 2021, $94,167 in In-Lieu fees were collected. Since the approval of the HCP, the City has collected over $2.3 million in In-Lieu fees and has spent approximately $1.8 million of the funds for the purchase of native habitat land.
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March 5, 2022, Item #4
• In 2021, 10.8 acres of open space habitat land was preserved in the form of dedicated Biological Conservation or Open Space Easements.
The City of Poway has many ongoing programs and maintenance projects that contribute to the implementation of General Plan policies. A brief overall description of these ongoing programs and maintenance projects are discussed in the report (Attachment A) along with the specific projects that implement the goals and policies of each element.
Pursuant to State law, the 2021 Annual Report will be sent to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR). The Annual Report is also sent to the San Diego Association of Governments (SAN DAG).
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Annual Report -Implementation of the General Plan in 2021 Reviewed/ Approved By:
We Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
March 5, 2022, Item #4
7 of 55
ITV OF WAY
ANNUAL E TON
IMPL M NTATI N OF THE
NE L PLAN IN 2021
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
ATTACHMENT A
March 5, 2022, Item #4
Page
2 8
of
55 TABLE
OF
CONTENTS
INTRODUCTION
3 IMPLEMENTATION
OF
THE
GENERAL
PLAN
3 •
State-wide
and
Regional
Issues
•
Community
Development
Element
•
Housing
Element
•
Transportation
Element
•
Public
Facilities
Element
•
Public
Safety
Element
•
Resources
Element
DEVELOPMENT
ACTIVITY
1 7
CAPITAL
IMPROVEMENT
PROGRAM
1 9
City
of
Poway
Annual
Report
on
Implementation
of
the
General
Plan
in
2021
March 5, 2022, Item #4
INTRODUCTION
The California Government Code (Section 65400(a)(2)) requires the preparation of an annual report to advise the City Council of progress made toward accomplishing the goals of the Poway General Plan. This report covers the time period from January 1, 2021 to December 31, 2021, and provides information on the following:
A. The status of the General Plan and the City's progress in its implementation;
8. The City's progress in meeting its share of regional housing needs, and the City's efforts to remove governmental constraints to the maintenance, improvement and development of housing for all income levels, as well as for special housing needs; and
State law also requires that a copy of the Annual Report be provided to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR) before April 1st of each year. The San Diego Association of Governments (SANDAG) also requests a copy.
IMPLEMENTATION OF THE GENERAL PLAN
Section 65302 of the California Government Code mandates that a general plan contain at least seven elements: 1) Land Use Element; 2) Circulation Element; 3) Housing Element -which must be updated every four to eight years; 4) Conservation Element; 5) Open Space Element; 6) Noise Element; and 7) Safety Element. The City of Poway General Plan contains all of the required seven elements, although the names of some of the elements are different. The Poway General Plan is divided into six master elements: Community Development, Public Facilities, Transportation, Resources, Public Safety, and Housing. Some of these master elements are further divided amongst other elements: Community Development includes Land Use, Community Design and Energy Conservation; Transportation includes Roadways, Public Transit, Bikeways, and Pedestrian Facilities; Resources includes Natural Resources and Prehistoric and Historic Resources; and Public Safety includes Emergency Services and Hazard Management.
The purpose of the General Plan is to provide for the long-term planning of Poway's physical development through the establishment of general guidelines for decision making concerning land use, recreation, cultural, circulation, natural resource conservation/open-space, noise, safety, and housing goals and policies. While the General Plan is a policy document, it also provides background information and analysis relative to the policies that it contains.
The Poway General Plan was prepared as a comprehensive, internally consistent document that promotes sustainable development, and maintains the flexibility to provide the long-term perspective and direction to guide the community into the future.
The City of Poway Comprehensive Plan was originally adopted 39 years ago in 1983, and included the General Plan, the Zoning Development Code and an Environmental Analysis Section. In 1991 and 1996, the General Plan underwent major review and updates. The Environmental Analysis section was replaced with a Master Environmental Assessment (MEA).
The Housing Element was adopted by the City Council in 2021 to cover the 2020-2029 planning cycle. A comprehensive amendment to the Transportation Element was adopted by the City Council in 2010. City staff will continue to comprehensively review the elements of the General
9 ofSS
City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
Plan and complete any necessary revIsIons incorporating past amendments. An update is planned to the Public Safety Element in 2022.
Over the past 38 years, some notable accomplishments have been achieved in the City through implementation of the goals and policies of the General Plan. Key accomplishments include the following:
■ The appearance of Poway Road is beginning to see improvements as a result of the adoption of the Poway Road Specific Plan (PRSP), which guides new development and redevelopment along Poway Road. In 2017, the PRSP was adopted in an effort to revitalize Poway Road. The adoption resulted in changes to the allowed land uses and the development standards. A key component of the Specific Plan encourages concentrated mixed-use development consisting of commercial uses, residential uses and public spaces in the Town Center area. ■ The City's economic base and employment opportunities (over 400 companies/ 17,000 jobs) have expanded because of the 700-acre South Poway Business Park.
■ The equestrian/pedestrian trails system in the City of Poway has expanded from three miles to approximately 78 miles.
■ Since 1983, the City (Poway's former Redevelopment Agency and the Poway Housing Authority) has participated in the development or rehabilitation of 852 affordable living units in the community.
State-wide and Regional Issues
Oversight of the former Poway Redevelopment Agency
In April 2017, the City of Poway initiated a Request for Qualifications/Proposals (RFQ/P) process to identify a developer to acquire and develop City and Poway Housing Authority (Authority) owned properties within the Town Center area of the Poway Road Specific Plan. The RFQ/P process identified the development team of Meridian Development, LLC and Sudberry Properties, Inc. (collectively "Developers") as having the most qualified proposal. In December 2017, the City and the Authority entered into an Exclusive Negotiation Agreement (ENA) with the Developers.
The ENA allowed the City, Authority and Developers to negotiate a Purchase, Sale, and Development Agreement (PSDA) for 98 for-sale, market-rate multi-family units, 44 affordable senior apartments and approximately 25,000 square feet of commercial development. In 2018, the City acquired four parcels (APNs 317-472-18, 317-472-23, 317-472-24 and 317-472-25) on the south side of Poway Road to facilitate the mixed-use development consistent with the vision of the Poway Road Corridor Specific Plan. Staff continued negotiations with the developer throughout 2018 and the PSDA was approved by the City Council on March 19, 2019.
Entitlements for 141 residential units and 584 square feet of commercial space was approved by the City Council in December 2019. City Staff reviewed the submissions and interviewed developers in 2021 in response to a Request for Qualification for the Monte Vista housing site for the development of at least 41 affordable apartment units. A developer will be selected in 2022 with the entitlement process potentially to be completed.A portion of the units were built and occupied in 2021 with construction expected to be completed in 2022.
Regional Issues
While Poway's policies, plans and programs seek to maintain a high quality of life for its residents and businesses, the City does not exist unto itself. Poway actively participates in regional policies and plans established for the benefit of the San Diego County region. The San Diego Association Page4
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
of
Governments
(SANDAG)
is
a
key
regional
public
agency
that
serves
as
the
forum
for regional
decision
making,
building
consensus,
making
strategic
plans,
obtaining
and
allocating
resources,
and
providing
information
on
a
broad
range
of
topics
relevant
to
the
region's
quality
of
life.
Poway
participates
in
the
following
SANDAG
planning
processes
and
programs:
•
City
staff
coordinated
with
SANDAG
on
the
following:
■
Providing
correspondence
from
the
City
Council
to
SANDAG
opposing
the
adoption
of
the
"San
Diego
Forward
-
The
Regional
Plan,"
a
comprehensive
update that
combines
the
Regional
Comprehensive
Plan
and
the
Regional
Transportation
Plan.
Comments
included
objections
to
punitive
road
usage
fees
that
charge
people
per
mile
driven
and
opposing
additional fees
and
taxes
to
fund
future
transportation
infrastructure.
This
structure
disproportionally
impacts
those
who
can
least
afford
to
pay
more
to
travel
to
work,
school
and
other
vital
services
throughout
the
region.
Adding
new
fees
and
taxes
only
adds
to
the
already
high
cost
of
living
in
California
and
not
only
impacts
individuals
but
also
impacts
businesses
by
increasing
their
operating
costs,
discouraging
customers
from
driving
to
patronize
businesses,
and
potentially
impacting
their
ability
to
recruit'
employees
who
will
have
to
pay
more
to
get
to
work.
The
City
supports
a
balanced
approach
to
future
transportation
that
includes
a
blend
of
transit
options
and
expanded
highways.
Other
comments
included
encouraging
a
multi-modal
transit
corridor
along
the
SR-67
and
Scripps
Poway
Parkway
(also
commented
on
the
EIR
for
the
Regional
Plan,
the
draft
2021
Regional
Transportation
Improvement
Program,
the
NOP
for
the
SR-67
Improvement
Projects,
and
the
Caltrans
District
11 Active
Transportation
Plan);
■
Participated
as
a
voting
member
on
the
Environmental
Mitigation
Program
(EMP)
Committee
for
the
TransNet
funding
program;
■
Participated
as
a
voting
member
on
the
Regional
Planning
Technical
Working
Group
(TWG),
including
active
involvement
with
the
Regional
Housing
Needs
Plan,
Smart
Growth
site
mapping
and
descriptions,
as
well
as
development
of
the
San
Diego
Forward
Regional
Plan
and
Multimodal
Hubs;
■
Participated
on
the
Cities/County
Transportation
Advisory
Committee
(CTAC);
■
Participated
on
the
San
Diego
Transportation
Engineers
Council
(SANTEC)
Advisory
Committee;
■
Participated
in
the Regional
Climate
Action
Planning
Framework
(ReCAP)
Stakeholder
Meeting
and
Inland
Cities
Energy
Collaborative
meetings;
and
■
Participated
in
San
Vicente
Comprehensive
Multimodal
Corridor
Plan
(CMCP),
including
providing
comments
encouraging
a
multi-modal
transit
corridor
along
the
SR-67
and
Scripps
Poway
Parkway.
•
City
staff
participated
in
the
annual
reports
for
the
Water
Quality
Improvement
Plans
(WQIPs)
for
the
San
Dieguito
and
Los
Penasquitos
watersheds
with
other
local
jurisdictions.
•
City
staff
participated
in
multiple
committees
with
other
co-permittees
subject
to
the
National
Pollutant
Discharge
Elimination
System
(NPDES)
Permit
R9-2015-0100
including:
Land
Development
Work
Group,
Monitoring
Work
Group
and
the
Education
Work
Group.
•
City
staff
meets
bi-monthly
with
all
utility
agencies
to
discuss
projects
and
resolve
issues.
Page
5 11
of
55 City
of
Poway
Annual
Report
on
Implementation
of
the
General
Plan
in
2021
March 5, 2022, Item #4
• City staff serves as a member of the North San Diego Small Business Development Center Advisory Board.
• City staff participated in the following regional economic development related events:
■ Poway Chamber of Commerce Board of Director's meetings (monthly); ■ Poway Chamber of Commerce Government Affairs Committee (bi-monthly); ■ San Diego North Economic Development Council Economic Summit; ■ North San Diego Business Chamber Economic Development & Business Advocacy Committee (monthly);
■ Go-Biz Request for Information and Regional Response Site Selection Coordination Meeting;
■ San Diego Workforce Partnership Annual Conference;
■ San Diego County Economic Roundtable; and
■ San Diego North Small Business Development Center Advisory Board Meeting (quarterly)
Community Development Element
It is the goal of the City of Poway to provide for an orderly balance of both public and private land uses in convenient and compatible locations throughout the City, and to ensure that all such uses serve to protect and enhance the environment, character and image of the City.
Specific Plan Amendments
• In February 2021, the City Council approved an amendment to the Poway Road Specific Plan to allow for thrift stores in the Mixed-Use and Town Center districts. • In October 2021, the City Council approved an amendment to the South Poway Specific Plan to allow freestanding wireless communication facilities to have a maximum height of 90 feet as a conditionally permitted use.
• In December 2021, the City Council approved an amendment to the Old Coach Golf Estates Specific Plan to designate portions of a remainder parcel as residential, allow for six single-family residential lots and establish development standards for the subdivision on a property located north of the intersection of Espola Road and Old Coach Road. Also, included in the Specific Plan Amendment was a transfer of development rights for four single-family lots from a 122.5-acre parcel, located east of Old Coach Road approximately one mile north of Espola Road, that had a tentative map approved with five residential lots. The ability to development one residential lot remains on the 122.5-acre property and approximately 120 acres of open space will be preserved.
Housing Element
It is the goal of the City of Poway to provide adequate and appropriate housing opportunities to meet the needs of current and future residents.
The City of Poway Housing Element Update (June 30, 2020 to April 15, 2029) was adopted by the Poway City Council on August 3, 2021. The Housing Element Update is currently being revised for review by the State of California Department of Housing and Community Development Page6
12 of 55
City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
(HCD) for certification. With the adoption of the City's Housing Element Update in 2021, City staff continues to work on several Program Implementation tasks of the Housing Element including:
• With the adoption of revised ADU regulations in 2019, building permits issued for ADUs remained steady with 26 being issued in 2021. Based on comparable rents analysis, staff has determined that ADUs are typically affordable to moderate-income households. AD Us are expected to play a significant role in meeting the City's Regional Housing Needs Allocation (RHNA) and meeting fair-housing initiatives within the upcoming housing element cycle.
• For the current Housing Element Cycle, SANDAG has allocated a total of 1,319 housing units for Poway distributed in the four income categories. The breakdown of units allocated for the different affordability levels is shown below with the amount of units remaining to be permitted in the current Housing Element Cycle:
Very Low: 468 (454 remaining)
Low: 268 (197 remaining)
Moderate: 241 (178 remaining)
Above Moderate: 342 (253 remaining)
• As part of the General Plan Annual Report, HCD requires an update on the City's efforts to implement its housing programs. Implementation programs from the adopted 2020- 2029 Housing Element Update have been in effect. The City's completed Annual Element Progress Report for Housing Element Implementation is included as Attachment 1 of this report.
• In 2021, construction continued for the Poway Commons development consisting of 141 residential units, 43 of which will be affordable to seniors within very-low and low-income households. Preference will be given to veterans for 15 of the units. Construction is expected to be completed in 2022.
• City Staff reviewed the submissions and interviewed developers in 2021 in response to a Request for Qualification for the Monte Vista housing site for the development of at least 41 affordable apartment units. A developer will be selected in 2022 with the entitlement process to follow.
Transportation Element
It is the goal of the City of Poway to provide a safe, realistic, efficient, and integrated transportation system to serve the present and future mobility needs of all the residents of Poway.
Roadways and Circulation
• The Espola Road Pedestrian Improvements Project consists of a multi-purpose decomposed granite pathway on the west side of Espola Road from Mountain Road to Willow Ranch Road, the undergrounding of existing utilities, and other improvements such as lighting and fencing. On October 21, 2014, the City Council approved a consultant agreement for preparation of final design of the improvements. The original project scope included the undergrounding of approximately 2,000 linear feet of existing overhead utility lines at the southern end of the project. In early 2016, the City Council directed staff to
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
expand
the
undergrounding
to
also
include
the
northern
portion
of
the
project.
The
design
of
the
improvements
and
undergrounding
was
completed
in
2017.
All
necessary
construction
easements
and
right-of-way
were
acquired
in
2017.
Phase
1 of
the
construction
began
in
April
2018
and
finished
in
January
2019.
The
undergrounding
activities
began
in
April
2019
and
were
completed
in
October
2021.
Phase
2 of
the
improvements
began
in
October
2021
and
is
ongoing.
•
As
part
of
the
street
maintenance
program
in
2021,
approximately
20.1 miles
of
roadway
were
slurry
sealed
and
various
street
overlays
were
performed
totaling
approximately
3.5 miles
in
length.
•
Design
was
completed
on
the
LED
Street
and
Safety
Lighting
Conversion
project
in
2019
and
installations
were
completed
in
early
2020.
The
project
replaced
all
existing
street
and
safety
light
fixtures
in
the
public
right-of-way,
except
decorative
lighting,
with
light
emitting
diode
(LED)
lights.
The
new
lighting
will
be
more
energy
efficient
while
preserving
dark
skies.
The
cost
of
the
project
was
less
than
originally
anticipated
and
provided
for
the
opportunity
to
add
the
decorative
lighting
in
the
Old
Poway
Park
neighborhood
and
Civic
Center
area.
The
lights
in
these
areas
were
replaced
with
LED
lights
in
2021.
•
Construction
began
in
September
2021
for
the
annual
Traffic
Signal
Controller
Upgrades
project
which
replaced
cabinets,
controllers,
wiring
and
miscellaneous
equipment
necessary
to
maintain
uninterrupted
operation
of
three
signals
located
at
Oak
Knoll
Road
and
Poway
Road,
Oak
Knoll
Road
and
Pomerado
Road,
and
Community
Road
and
Scripps
Poway
Parkway.
Construction
was
substantially
completed
in
December
2021,
with
the
exception
of
a
battery
back-up
enclosure
at
Poway
Road
and
Oak
Knoll
Road.
Due
to
supply
issues,
this
last
item
is
anticipated
to
be
completed
in
March
2022.
•
Design
began
in
2019
to
widen
Espola
Road
between
Poway
Road
and
Range
Park
Road
to
add
designated
bike
lanes.
The
proposed
bike
lanes
will
connect
existing
bike
lanes
on
either
side
of
a
narrow
stretch
of
curved
roadway
with
limited
sight
visibility.
The
project
involves
coordination
with
the
San
Diego
County
Water
Authority
for
grading
activities
to
occur
within
their
easement.
Design
for
the
project
was
completed
in
2021
and
construction
has
been
put
on
hold until
additional
funding
becomes
available.
•
The
preparation
of
the
Local
Road
Safety
Plan
(LRSP)
began
in
July
2021
and
is
anticipated
to
be
completed
in
early
2022.
The
LRSP
is
a
report
that
identifies,
analyzes,
and
prioritizes
safety
improvements
on
the
City's
roads
and
can
be
used
to
secure
grant
funding
for
future
projects. The
City
received
grant
funding
from
the
State
of
California
for
the
preparation
of
the
LRSP.
•
The
City
applied
for
and
was
awarded
a
Highway
Safety
Improvement
Program
(HSIP)
grant
in
2021
for
safety
improvements
along
Poway
Road.
The
HSIP
is
a
federal-aid
program
with
the
purpose
of
achieving
a significant
reduction
in
traffic
fatalities
and
serious
injuries
on
all
public
roads.
The
grant
application
includes
installation
of
directional
medians
at
four
non-signalized
locations
along
Poway
Road
to
restrict
left
turns
onto
Poway
Road
while
still
allowing
drivers
to
turn
left
into
shopping
centers
along
the
street.
The
application
also
includes
upgrades
to
five
signalized
intersections
along
Poway
Road
between
Pomerado
Road
and
Midland
Road.
The
design
of
this
project
is
anticipated
to
begin
in
2022
with
construction
starting
in
2023.
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of
Poway
Annual
Report
on
Implementation
of
the
General
Plan
in
2021
March 5, 2022, Item #4
Public Facilities Element
It is the goal of the City of Poway to enhance the well-being of Poway residents by providing opportunities for relaxation, rest, activity, and education through a well-balanced system of private and public facilities distributed to serve the entire community.
Facilities
• The City of Poway operates cultural, historical, and outdoor recreation facilities enjoyed by residents and visitors from all over the region. Poway is home to 18 parks, 21 sports fields, a swim center, a skate park, joint-use school facilities, the Poway Center for the Performing Arts, the Kumeyaay lpai Interpretive Center, the Blue Sky Ecological Reserve, and the Poway branch of the San Diego County Library.
• In 2021, construction was completed on the replacement community center at Community Park. The new facility, called the Mickey Cafagna Community Center, is a multi generational and multi-purpose facility to serve the Poway community. A grand opening celebration was held in June 2021.
• In 2021, the Community Services and Development Services Departments worked together on the ADA Barrier Removal Lake Poway Pathways project, which addressed issues with the ADA parking stalls and accessible path of travel in the volleyball courts area at Lake Poway Park.
Facility Utilization
• Lake Poway Recreation Area continued to be the destination for outdoor enthusiasts who enjoyed hiking, fishing, boating and picnicking. Even though the boat dock was closed for repairs a substantial portion of the year, a total of 19,120 fishing permits were purchased, 735 boats were rented, and 722 archery cards were sold. Parking permits were issued to 29,936 non-resident visitors to Lake Poway. Lake Poway hosted the 26th Annual Youth Fishing Derby with 350 youth and their families in attendance. Lake Poway also hosted two free virtual fishing seminars to help encourage new enthusiasts of all ages. Summer Day Camp provided outdoor fun and teen counselor training for 592 youth. Lake Poway hosted nine seasonal camping opportunities for 2,545 people. In addition, Lake Poway hosted four Summer Concerts for crowds totaling 7,500 people. The ever-popular Family Camp Outs came back in 2021. Lake Poway hosted three campouts for 255 families in the community.
• The Blue Sky Ecological Reserve resumed educational nature programs to the public in the last quarter of 2021 with Hoot, Howl and Prowl for 200 visitors and Hiking With Kids for 25 participants. No school tours were conducted. The Kumeyaay-lpai Interpretive Center resumed school tours and public tours in November for 86 third-grade students and 43 visitors, respectively. The tours meet the Poway Unified School District curriculum for local history.
• Community Park was the hub for many recreation activities such as dance, art, sports, health/wellness, special interests, and program series including "In the Park," "Kid's Night Out," and "Teen Program Series." Contract class and camp offerings remained fewer than
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
in years past due to the pandemic and/or social distancing requirements. In 2021, 6,218 people of all ages and abilities were enriched by their choice of 533 contract class and camp offerings.
• The Poway Community Swim Center had an annual attendance of 39,000 recreational and lap swim users, conducted swim classes and private swim lessons for 1,083 enrollees, and held two swim meets. One swim meet had approximately 150 athletes and no spectators, and the other had 1,300 athletes and 4,000 attendees. Program numbers were severely reduced from January to Mid-June due to COVID-19 restrictions which included reduced class sizes and offerings.
• Old Poway Park brings history to life with buildings, surroundings, and programs that reflect early 20th Century California. Due to the pandemic, most park attractions were closed from January through the end of May. The Nelson House and the Train started running in mid-June. The green park stayed open for families to enjoy throughout the year, and facility rentals started back up in June. The Heritage Museum was closed down due to COVID restrictions and then heater repairs, but reopened to the public at the beginning of November. The Farmers Market operated throughout the year and saw a significant increase in attendance and sales, despite fewer vendors for a portion of the year. The Farmers Market drew over 141,000 people. The in-person Historical Tour program was cancelled due to school restrictions; however, a filmed version was offered to teachers to use in their classrooms instead, which was watched by 800 students. • Old Poway Park is well known for hosting large, historically themed community events such as the "Old Fashioned Fourth of July," "Christmas in the Park," and "Rendezvous in Poway" along with additional small events including three Summer Concerts. All of these events were held this year, and most saw record attendance. More than 46,000 visitors attended the events. The school tour portion of the Rendezvous was offered in person and virtually this year due to COVID. Close to 1,000 students attended virtually and approximately 150 homeschool students attended in person. • The City's sports fields were utilized for 14,521 hours by 20 youth and adult sports organizations. Sports field reservations were not allowed during some months and for some sports organizations this year due to COVID-19.
• Open play at the gymnasiums attracted 5,366 recreation enthusiasts. The open play recreation program was cancelled for part of the year due to the pandemic. • The Community Services Department staff issued 361 facility rental permits for picnics, meetings, events, and weddings. This also included free permits for fitness businesses and religious institutions to operate outdoors in City parks during the pandemic under the Sharing Outdoor Spaces program.
• The Poway Center for the Performing Arts is owned and operated by the City and gives the community the opportunity to enjoy live performances, cultural and educational presentations, and art exhibits. Primary presenters include community-based arts organizations, the Poway Unified School District, and the nonprofit corporation Poway OnStage. City staff provides all professional-level theater services. COVID severely impacted operations and limited use primarily to September through December and eight
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
weeks of arts/science-based summer camps. In total there were 34 rehearsals and 44 performances with 11,479 attendees.
• San Diego County Library branches were still heavily impacted by the COVID pandemic during the past year. At first the library offered door-side service, then a hybrid (a mixture of door-side and in person), and finally all in-person service. The library went through a complete transformation by migrating to Polaris, the new Integrated Library System (ILS), which went live on July 6, 2021. The library is currently in the process of updating its cashiering system. The staff is set to begin their training on the new cashiering system very soon. This upgrade will allow the branch to accept credit and debit cards. The branch has started slowly to offer library programs in compliance with the public health mandates.
Despite the pandemic, the Poway branch was able to circulate a total of 555,931 library materials in 2021 .
Community Outreach
• The Community Services Guide provides information about the many recreational programs and facilities offered by the City. This electronic guide lists all classes, camps, activities, and special events and is distributed quarterly. • The Community Services Department uses the social media sites like Facebook and Twitter to publicize many classes, camps, and events they offer throughout the community. The sites provide the City a place to post valuable public announcements.
The City also sends email newsletters to almost 1,200 subscribers to share information and make announcements.
• The City of Poway has approximately 710 volunteers of all ages who donate their time and talent to the 32 committees, organizations, groups, and commissions. The City of Poway Teen Volunteer Program has 103 volunteers between the ages of 14 and 18 who participate in multiple events and teen and youth programs. The City's investment in volunteer recruitment, training, and retention provides significant cost savings, and makes it possible to enhance the scope and caliber of programming at City recreation and cultural facilities. The Community Services Department benefited from 1,042 volunteer usher hours at the Poway Center for the Performing Arts, 620 teen volunteer hours at Community Park programs and events, 496 volunteer docent and tour guide hours at the Blue Sky Ecological Reserve and Kumeyaay lpai Interpretive Center, and 4,055 historical society and railroad volunteer hours at Old Poway Park. The City also has a Reserve Park Ranger program with 53 dedicated volunteers who serve on trails, at events, and throughout our parks. They amassed 3,520 volunteer hours during this reporting period. • The City of Poway continues to offer the PLAY (Poway Leisure Assistance for Youth) Scholarship program which provides financial assistance to children who want to participate in City-recreation programs but can only do so with economic support. The scholarship is available to Poway children 17 years or younger whose families meet established income guidelines, and for individuals with disabilities of any age who live in Poway. The program is supported by City funding and private donations. In 2021, 157 scholarships were granted.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
• In 2021, the City continued to prepare and train employees in care and shelter operations in the event of an emergency. Supplies were checked, plans/procedures were updated, and refresher trainings were conducted including a shelter establishment simulation with Red Cross and CERT volunteers. The Community Services Department worked closely with the Fire Department to ensure understanding and compliance with City expectations and requirements, Red Cross/other certifications, and other applicable procedures. • The Distribution Maintenance (OM) program included the inspection of 3,818 valves and 969 fire hydrants.
• In 2021, staff updated 380 water meters.
• In 2021, staff replaced eight distribution valves.
• The Annual Dead-End Flushing Program completed 626 dead-end flushes in 2021. • The Clearwell Bypass Project allows the 1 0MG Clearwell reservoir to be taken off-line for replacement and consists of bypass pipelines (both temporary and permanent), a temporary pump station, a temporary pressure regulating station and two 1.4 MG temporary bypass tanks. Design for the project was completed in May 2021 and construction began in August 2021 with an anticipated completion date of July 2022.
Wastewater
• In 2021, staff cleaned 73 miles of sewer mains to maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment.
• In 2021, Wastewater Collections staff continued the annual lateral assessment program, which assessed 2,216 laterals to verify pipe condition and maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment from wastewater contamination.
• In 2021, staff inspected 12 miles of sewer mains to verify pipe condition and maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment. • In 2021, wastewater staff completed eight sewer lateral repairs identified by annual lateral assessments.
• In 2021, staff performed a root foaming application of 20,000 lineal feet of mainline segment pipe ranging in size from eight to 12 inches.
Public Safety Element
It is the goal of the City of Poway to provide a safe and healthy environment for the residents of Poway.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
In 2020, City staff began the process of updating the Public Safety element, which is expected to be adopted by the City Council in 2022. A public workshop was held in 2020 in conjunction with the Housing Element and a second community workshop and a City Council workshop will be held in 2022 to review the Draft prior to City Council's adoption of the Public Safety Element.
Law Enforcement Services
• In 2021, the Sheriffs Department Poway Traffic unit conducted multiple operations in the City of Poway including Driving Under the Influence (DUI) saturation details, DUI checkpoints, distracted driver patrols, seatbelt enforcement and motorcycle officer enforcement within the City of Poway. The goals of these types of operations are to educate the public, reduce traffic collisions and most importantly, make our roadways safer. The Poway Traffic unit issued a total of 2,874 citations throughout the City, conducted 2,689 Deputy initiated contacts and responded to 2,215 calls for service. • In early 2021, the Sheriffs Department continued their investigation into a county-wide vehicle burglary series which the Poway Detective Unit took the lead on. Poway detectives wrote and executed several search warrants and arrested two suspects in the case. The suspects in the series were responsible for approximately fifty plus cases throughout San Diego County, including 12 cases in Poway. One suspect is currently in custody awaiting trial.
• In mid-2021, the Poway Poway Criminal Aprehension Team, detectives, and analysts assisted the San Diego Police Department and the Federal Bureau of lvestigations Violent Crimes Taskforce in identifying and arresting several suspects involved in a county-wide robbery series. The robbery series spanned all of San Diego from Fallbrook to Coronado with approximately 23 cases, including two cases in Poway. Three juvenile suspects were arrested in the series.
• In 2020, San Diego County experienced record level lows in overall crime. This was due in part to the several statewide stay home orders issued throughout 2020 due to the COVID-19 pandemic. In 2021, overall crimes against persons decreased 14 percent from 2020 to 2021. However, crimes against property saw a slight increase of 5.6 percent from 2020 to 2021. Specifically, theft from vehicles increased 39 percent from 2020 to 2021, though burglary cases saw a slight decrease of 4.6 percent from 2020 to 2021. Larceny incidents were static with no change from 2020 to 2021.
Fire Safety
• In 2021, the Fire Department continued to respond from three fire stations strategically located within the City of Poway. Emergency and non-emergency response is provided 24 hours a day, seven days a week. The Department maintains seventeen first responders staffing three paramedic engines, two paramedic ambulances, one paramedic ladder truck, one incident command vehicle and one Duty Chief. In 2021, the City purchased two new ambulances to replace two aging ambulances in the fleet. • In 2021, the Fire Department responded to over 4,500 calls for service including requests for mutual aid support through the State's Fire & Rescue Mutual Aid System.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
In 2021, the Fire Department continued to deliver manipulative skill learning and training activities that promote the professional development of its personnel resources and improve team response capabilities. Personnel recorded 10,401 hours of team training and professional development.
• In 2021, the Fire Department continued its management of the City's Emergency Operations Plan (EOP) and Emergency Operations Center (EOC). The EOP was updated and revised and approved by Cal OES in 2021. The EOC continued is virtual Level Ill activation to provide regular reports in the on-going response to COVID. The Department continues to foster community volunteerism and strengthen regional partnerships to enhance response to large-scale emergencies and disasters. In 2021, Community Emergency Response Team (CERT) volunteers supported CalFire in "Operation Collaboration" by staffing vaccination sites throughout the county. Volunteers provided educational materials to residents by staffing the Emergency Safety Fair and National Night out in August of 2021.
• In 2021, the Fire Department completed 1,391 Fire and Life Safety inspections of Poway businesses, institutions, and apartment complexes.
Hazardous Waste Management
• The City has a regional, permanent Household Hazardous Waste (HHW) Collection Facility where residents can recycle used oil, electronic waste and dispose of HHW such as household chemicals, sharps and batteries. It is open every Saturday, 9 a.m. to 3 p.m., except holiday weekends. The City's Household Hazardous Waste Collection Facility collected over 225,574 pounds of HHW in a year from over 7,358 visits to the site from City of Poway residents. The City spent $340,284 for HHW disposal for its residents in 2020. There are also 8 registered Used Oil Recycling Program collection centers in the City, and they collected an additional 10,910 gallons of used motor oil during the 2020- 2021 reporting year.
Resources Element
It is the goal of the City of Poway to preserve its natural, scenic and cultural resources for the future benefit and enjoyment of its residents, and to protect biological and ecological diversity.
The City of Poway has many natural resources, including creeks, canyons, grassland areas, and mountains, which historically have been protected. The original General Plan adopted in 1983, included a significant Plant and Animal Resource Conservation Element. Goals, policies, and strategies were established in subsequent updates to the General Plan (1991 and 1996) which emphasized preservation of open space, biological resources and the rural character of the "City in the Country" as primary objectives. Implementation policies and strategies promoted development of a City-wide system of reserves and wildlife corridors which provided the foundation for the Poway Subarea Habitat Conservation Plan (HCP) which was approved in 1996. A key objective of the HCP is to create sustainable, interconnected habitat preserves for the purpose of maintaining viable populations of biological resources.
Implementation of the HCP ensures balance between development and conservation in the City, while meeting the mitigation requirements for building private and public development projects.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
Development projects that impact habitat land are required to mitigate the impacts in accordance with HCP mitigation requirements. Mitigation is achieved through either dedication of Biological Conservation Easements (BCE) of comparable quality habitat located within the HCP Mitigation Area or payment of a Habitat Mitigation In-Lieu Fee. The In-Lieu Fee provides an efficient and viable option for biological resource impact mitigation and serves as mitigation compensation for direct, indirect, and cumulative impacts, where the direct purchase of habitat lands by a project proponent or on-site preservation are determined by the City to be infeasible. Per the HCP, the In-Lieu Fee is to be assessed in accordance with a fee schedule adopted by the City Council. Currently, the fee is $17,000 per acre. The purpose of the In-Lieu Fee is to provide the City the ability to acquire land within the Mitigation Area for preservation and dedication.
The City has acquired property over the years to meet the preservation goals of the HCP through the dedication and purchase of biologically sensitive land in the City. Several hundred acres were purchased in the early 2000's with Sensitive Land funds that preserved portions of important City landmarks such as Twin Peaks Mountain and Van Dam Peak. These parcels contain native vegetation that have been preserved by the City in their natural state, and count toward meeting the City's HCP habitat preservation goals. At the end of 2021, the City had approximately $672,800 in In-Lieu fees available for purchase of habitat land for preservation.
In 2021, $94,167 in In-Lieu fees were collected to mitigate impacts to habitat. Since the approval of the HCP, the City has collected over $2.3 million in In-Lieu fees and has spent over $1.8 million of the funds for the purchase of native habitat land. On occasion, the City has refunded In-lieu fees at the request of a developer after they have dedicated biological open space in the City to replace In-Lieu fees they paid.
In 2014, the City approved the Habitat Acquisition Strategy, an implementation plan to use in acquiring properties for habitat preservation using funds from the City's Habitat In-Lieu Fee account. The Strategy includes a detailed list of potential parcels to target for acquisition and provides a thorough analysis of the priority areas as defined in the HCP. Since the 1997 adoption of the HCP, the City has acquired approximately 948.72 acres of habitat land (See Table 1 ). Staff uses the Habitat Acquisition Strategy to identify properties to be purchased based on available funding. The City Council reviews all proposed land purchases prior to staff pursuing acquisition. Each year pursuant to the requirements of the HCP Implementation Agreement, the City prepares and submits an annual report to the Wildlife agencies reporting on programs, policies, and projects that were undertaken in the previous year that resulted in implementation of the HCP.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
TABLE 1 -HABITAT ACQUISITIONS WITH
HABITAT IN-LIEU FEE FUND
YEAR ACREAGE
1997 18.0
1998 109.0
2000 76.0
2001 82.0
2002 102.4
2003 121.6
2004 0.0
2005 0.0
2006 0.0
2007 0.0
2008 5.9
2009 1.9
2010 0.2
2011 0.0
2012 0.0
2013 0.0
2014 0.0
2015 0.26
2016 0.0
2017 1.01
2018 138.24
2019 209.17
2020 83.04
2021 0
Total 948.72
In 2021, 10.8 acres of open space habitat land was preserved in the form of dedicated Biological Conservation or Open Space Easements.
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
DEVELOPMENT ACTIVITY
Development Applications
The following tables provide a comparison of the City's development activity over the past six years. Each of the noted applications and new construction projects resulted in implementation of the General Plan, as all projects were built in conformance with the goals and policies of the General Plan.
Development Review (DR) and Minor Development Review Application (MORA) approvals are required before the issuance of a building permit for any single-family subdivision developments, single-family homes (custom), multi-family developments, mobile home parks, commercial, industrial or public/semi-public development, including additions, alterations, and remodeling.
Tentative Tract Map (TTM) and Tentative Parcel Map (TPM) projects are required to be consistent with the California Subdivision Map Act and involve the subdivision of property into five or more lots for a TTM and four or fewer lots with a TPM.
New development applications submitted in 2021 included three DR applications, 40 MDRAs, five TTMs, and two TPMs (Chart 1 ). It should be noted that 24 of the 40 MDRAs were requests for the construction of new custom single-family homes. One of the five TTM applications was a request for a one-year time extension of a previously approved TTM where the approvals were due to expire before the maps would be finalized and recorded. Another TTM application was a revision to the tentative map for The Farm project.
60 50
40 30
20 10
0 19
I
56 5
2016
35 13
I
7 1
2017
Chart 1
New Development Applications
2016-2021
47 38
19 10
11 1
6 8 5
1 I
1 I
2 2018 2019 2020
■ DR ■ MDRA TPM ■TTM
40 3 3 2 5
-2021
New Residential Development
A total of seven building permits were issued in 2021 for new custom single-family residential development, 26 building permits were issued for Accessory Dwelling Units, also known as ADUs, and 14 building permits for a total of 45 housing units were issued for multi-family buildings (Poway Commons).
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
In 2021, tree removal and grading permits were issued for The Farm in Poway project. Project completion is anticipated in 2025. The City Council approved The Farm in Poway project in June 2020 and the project was subsequently approved by the Poway voters in the November 2020 general election. The Farm in Poway is a planned community spanning 117 acres that will redevelop the decommissioned StoneRidge Country Club with 160 residential units and up to 30,000 square feet of non-residential buildings that can be used for educational, social, commercial, and recreational uses. A three-acre park with grass amphitheater and dog park is also proposed in the center of the project site. The project also includes traffic and pedestrian improvements to adjacent streets and intersections.
60 50
40 30
20 10
0 Chart 2
New Residential Building Permits Issued 2016-2021
17 0
2016
0 2017
24 0
2018
15 22
2019
■ SFR & ADU ■ MFR Total
48 2020
47 2021
New Commercial and Mixed-Use Development
One building permit totaling 99,895 square feet (Chart 3) was issued for new commercial development in 2021 for the A-1 Self Storage located at 12183 Kirkham Road. Building permits were also issued for commercial tenant improvement (Tl) projects for existing commercial space and a fagade remodel for the Twin Peaks Plaza shopping center.
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120000
100000
80000
60000
40000
20000
0 Chart 3
New Commercial/Mixed Use Square Footage
2016-2021
99895
54392
33495
I
3524 11068 2880
I
2016 2017 2018 2019 2020 2021
■ Square Feet
City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
Industrial Development
There were no building permits issued in 2021 for new industrial development, however, there were multiple building permits issued for tenant improvement (Tl) projects in the South Poway Business Park (e.g., General Atomics buildings).
700000
600000
500000
400000
300000
200000
105685
100000
■ 0
2016
Chart 4
New Industrial Square Footage 2016-2021
412187
76240
-
0 2017 2018 2019 2020
■ Square Feet
0 2021
Notable New Private Development Projects Approved in 2021 (Building Permits Not Yet Issued) • In July 2021, the City Council approved the Hidden Valley Ranch subdivision east of Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve. The tentative map for the project expired in July 2019, and the map was resubmitted again with no changes. Hidden Valley Ranch has its own specific plan and will consist of 41 single family lots; preservation of the majority of the existing agricultural operation, the existing ranch house, and a private nine-hole golf course; preservation of approximately 57 acres of the site as open space; and the provision of a public recreation trail through the site. • In December 2021, the City Council approved a modification to the Outpost project located at 13249-13253 Poway Road in the Town Center district of the Poway Road Specific Plan Area. The modified project includes 15,871 square feet of commercial space and 72 residential dwelling units, including nine affordable units. This is a reduction of 24,342 square feet of commercial space and an increase of 19 dwelling units from the previously approved project. A density bonus was granted to exceed the allowable density for the Town Center district. Visually the project will look the same as what the City Council previously approved. The project is partially constructed.
CAPITAL IMPROVEMENT PROGRAM
Capital improvements, such as roads, drainage facilities, sewer and water lines, treatment plants, infrastructure, and public facility improvements are the framework that supports development.
Their availability plays an important part in determining the pattern of land uses within the community, as well as the direction and intensity of growth. Public facilities, such as police and fire stations, libraries and parks, are important to residents' safety and quality of life. Equally important are the improvements to roads, water lines and reservoirs, sewer lines and drainage
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
systems and other infrastructure systems that implement the goals and policies of the General Plan. The ability to provide these facilities is important to the well-being of the community. Below is a list of the City's Capital Improvement projects staff worked on and/or completed in 2021.
TRAFFIC/ROADS *Completed
*2020/2021 Street Overlay
*2021 /2022 Street Maintenance
*2021/2022 Annual Street Striping
*LED Street and Safety Light Conversion
2021 /2022 Street Overlay
Espola Road Safety Improvements
2019/2020 Traffic Signal Controller Upgrades
2020/2021 Traffic Signal Controller Upgrades
Neighborhood Sidewalks (Powers & Garden Areas)
Espola Road Bike Lanes
Local Road Safety Plan
Poway Road Safety Improvements -HSIP Grant
SEWER SYSTEM *Completed
*Martincoit Road Sewer Upsize
Exposed Sewer East of Martincoit
Annual Sewer Line Repair/Replace 14/15 -Pomerado Road
Bowron Road Sewer Upsize
Annual Sewer Manhole Rehabilitation 20/21
Butterfield Trail Sewer Upsize
Sagewood Drive Sewer Upsize
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
WATER
SYSTEM
*Completed
*36"
Steel
Water
Main
Assessment
*Water
Treatment
Plant
Chemical
Building
and
Tank
Farm
Upgrades
*Power
to
Blue
Crystal
Reservoir
*Water
Treatment
Plant
Clearwell
Distribution
Flow
Meters
*2020/2021
Annual
Valve
Replacement
Boulder
Mountain
Reservoirs
1 and
2 Rehabilitation
Clearwell
Replacement
Clearwell
Bypass
SDCWA
Treated
Water
Connection
2020/2021
Annual
Valve
Replacement
PRV
Station
Access
Assessment
Water
Treatment
Plant
Electrical
System
Assessment
Caustic
Tank
Rehabilitation
Reservoir
Overflow
Modifications
R-4
Reservoir
Upgrades
R-7
Reservoir
Upgrades
Washwater
Tank
No.
2 Upgrades
Water
Treatment
Plant
Upgrade
Filters
1-8
Water
Treatment
Plant
Security
Upgrades
DRAINAGE
*Completed
Rattlesnake
Creek
Streambank
Stabilization
Design
Carlson
and
Springvale
Channel
Rehabilitation
2021/2022
Annual
Corrugated
Metal
Pipe
Repair/Replace
2021/2022
Annual
Trash
Capture
Program
Public
Facilities
*Completed
*Mickey
Cafagna
Community
Center
*2020/2021
ADA
Barrier
Removal
Lake
Poway
Pathways
*Fire
Station
1 Shower
Remodel
*Welcome
To
Poway
Sign
Replacement
*Public
Work
Fleet
Maintenance
Lift
City
Hall
HVAC
Controls
2021/2022
ADA
Barrier
Removal
-
Community
Park
Fire
Station
1 Stairway
Replacement
Upper
Lake
Poway
Playground
Renovation
Vehicle
Maintenance
Monument
Sign
PCPA
Facility
Maintenance
Design
Blue
Sky
Amphitheater
Improvements
Page
21 27
of
55 City
of
Poway
Annual
Report
on
Implementation
of
the
General
Plan
in
2021
March 5, 2022, Item #4
Attachment:
1. Annual Housing Element Progress Report
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City of Poway Annual Report on Implementation of the General Plan in 2021 March 5, 2022, Item #4
N
\D
0 -ti
u,
u,
Jurisdiction Poway
ReportlngY .. (Jan . 1 - Dec 31)
Q4/15/2021 _-_ Q4/15/2029
Project Identifier
1 PrlorAPfl' CurronlAPN SlrNI Addrou ProjoclName•
Summarv Row: Start Data Entrv Below
277202101 14100 Biscavne Pl I Biscayne Pl Rec Facilitv Home 31419434 I Not Ass~ned Yet NaraQhi Residence
27508126 I 13510 Willow Run Road I Andrews SFR
31484003 I 13406 Del Poniente Road I Ramirez Residence
27722031 I 18711 Her~- Drive I Scheinblum Reskience
27829012 Oak Canyon Rd Nauyen Restdence
32127243 14102 Murel Trails Lozano Residence
31747320 13253 Poway Road Outpost
27503204 16752 Esoota Road Sharo Mountain VifM Hospice
32201109 Not Assianed Yet Ho Residence
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Note: "+" Indicates an optional field
Celts in grey contain auto-cak:ulation formulas
Table A
Housing Development Applications Submitted
Date
Unit Types Application Proposed Units - Affordability by Household Incomes Submitted
2 3 4 s
Tonuro Dale Low- Moderalo - Moderalo -un11ca1-, Applk,ollon Very Low- VoryLow - Low-Income Above LocalJurlsdlctlon (SFA ,SF0 ,2 10 Su-eel+
--
lncomoNon Income Non Dood Income Income Modoralo-Tracking 10· R-Rentor Dood Dood DNcl NonDNcl 4.5• .ADU ,MH) 0-0wnor <- Rostrlclad Roslricted Rostrlcled RHtriclod Rostrlclod -
Income
Instructions!
. . 0 0 0 0 0
MDRA21-001 SFD 0 8/31/2021 1
MDRA21-012 SFD 0 8/17/2021 1
MDRA21-019 SFD 0 11/9/2021 1
MDRA~12 SFD 0 2110/2021 1
MDRA21-008 SFD 0 6/112021 1
MDRA18--010 SFD 0 7/29/2021 1
MDRA21-021 SFD 0 12/3/2021 1
DR21-003 5+ R 11/9/2021 9 63
MDRA21-023 SFD 0 1212212021 1
MDRA20-019 SFD 0 9/30/2021 1
Total Total
Approved Disapproved Streamlining Density Bonus Units by Units by Proiect Proiect
6 7 I 9 10
w .. ~
Total TOCal lllllMIImt WHaDonslly
TOCal~
~ ~
Pursuanl lo GC Bonus requested
Units by Project IH1U(bl? lo, this housing UnHsbyproject Units by Project (S831 dovelopmont? Stroamltnlng)
. 0 0
, 1 No No
1 1 No No
1 1 No No
1 1 No No
1 1 No No
1 1 No No
1 1 No No
72 72 No Yes
1 1 No No
1 1 No No
0 0
0 0
0 0
0 0
0 0
0 0
0 0
March 5, 2022, Item #4
Prior APN+
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
TableA2 -1 of 5
Project Identifier
1 Local Jurisdiction CurrentAPN Street Address Project Name+ Tracking ID+ Summary Row: Start Data Entry Below
27722024 18773 Heritage Lamie Residence MDRA20-015 Drive 27720210 14100 Biscayne Pl Biscayne Pl Rec Facility Home MDRA21-001 31419434 Not Assiqned Yet Naraqhi Residence MDRA21-012
27508126 13510 Willow Run Andrews SFR MDRA21-019 Road
31484003 13408 Del Poniente Ramirez Residence MDRA20-012 Road 27722031 18711 Heritage Scheinblum Residence MDRA21-008 Drive 27829012 Oak Canyon Rd Nguyen Residence MDRA18-010
32127243 14102 Murel Trails Lozano Residence MDRA21-021 3212721400 15537 Blue Crystal Hafer ADU B20-0663 Trail
2781807700 14933 Eastvale Grassi ADU B20-0920 Road
2751030600 16619 Orchard Parkinson ADU B20-0971 Bend Rd 3148202900 12343 Spyglass Emerald ADU B20-1214 Ter
2757940500 16292 Summer Evans ADU 820-1327 Saqe Road
3210124800 15242 Espola Road Persekian ADU B20-1569
2757943200 16519 Wilderess Fitzpatrick ADU B20-1737 Road 3173610400 1314 7 Carriage Snell ADU B20-1741 Road
3146422800 13639 Poway Borg ADU B20-1864 Sprinqs Rd
2784385700 1577 4 Sunset Drive Gardener ADU B20-2150
2753020600 16310 Avenida Greene ADU B20-2151 Florencia
3212104000 14240 Golden Naras ADU B21-0135 Sunset Lane
3141934500 14227 Midland Flash Appraisal Services B21-0224 Road 3141934500 14222 Midland Flash Appraisal Services B21-0234 Road 3210404300 14299 Hacienda Uke ADU B21-0265 Lane
3148600100 13620 Holly Oak Vuong ADU B21-0576 Way
3143122000 12314 Tura Lane Wood ADU B21-0650
3141925300 13616 Outlook Oyanguren ADU B21-0901 Road
30 of 55
Unit Types
2 3
Unit Category Tenure
(SFA,SFD,2 to R=Renter 4,5+,ADU,MH) O=Owner
SFD 0
SFD 0
SFD 0
SFD 0
SFD 0
SFD 0
SFD 0
SFD 0
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
ADU R
March 5, 2022, Item #4
Jurisdiction Poway
Reporting Year 0 (Jan. 1 -Dec. 31)
Planning Period 6th Cycle 04/15/2021 -04/15/2029
3173450600 12832 Montauk Rajski ADU 821-1041 ADU R Street 2753140200 12945 Camino De Freestone ADU 821-1349 ADU R Valle 2752411600 12912 Stone Poucher ADU 821-1528 ADU R Canvon Road 2739015400 13530 Old Winery Ries ADU 821-1707 ADU R Road 3211809300 14060 Iris Lane Blanchard ADU 820-0974 ADU R 3145322600 14064 Olive Alibeiki ADU 821-0618 ADU R Meadows Pl 3176903000 13547 Utopia Road Vanlaningham ADU 821-1099 ADU R 2731341100 17916 St Andrews Frude ADU 820-0992 ADU R Drive 3174720100 13071 Olympus Poway Commons 820-0737 2 to 4 0 Circle Units 1-4) 3174720100 13082 Olympus Poway Commons 820-0738 2 to 4 0 Circle 3174720100 13076 Olympus Poway Commons 820-0739 2 to 4 0 Circle Units 1-4 3174720100 13072 Olympus Poway Commons 820-0745 2 to 4 0 Circle Units 1-3 3174720100 13070 Olympus Poway Commons 820-0746 2 to 4 0 Circle Units 1-3 3174720100 13068 Olympus Poway Commons 820-0747 2 to 4 0 Circle Units 1-3 3174720100 13066 Olympus Poway Commons 820-0748 2 to 4 0 Circle Units 1-3 3174720100 13064 Olympus Poway Commons 820-0749 2 to 4 0 Circle 3174720100 13062 Olympus Poway Commons 820-0750 2 to 4 0 Circle 3174720100 13081 Olympus Poway Commons 820-0751 2 to 4 0 Circle 3174720100 13083 Olympus Poway Commons 820-0752 2 to 4 0 Circle 3174720100 13097 Olympus Poway Commons 820-0753 2 to 4 0 Circle 1-3 3174720100 13095 Olympus Poway Commons 820-0754 2 to 4 0 Circle 1-3 3174720100 13093 Olympus Poway Commons 820-0755 2 to 4 0 Circle 1-3 3235100900 13526 Whitewater Aung Ye Htut & Khin Aye Khin 820-1452 SFD 0 Drive Residence 3148400100 13306 Del Poniente Nathanson Residence 820-1744 SFD 0 Road 2731711400 17015 St Andrews Norris Residence 820-2094 SFD 0 Drive 2731340500 17960 St Andrews Shahzad Residence 821-0258 SFD 0 Drive 3212713300 13754-56 Dos Griswold Residence 819-2605 SFD 0 Amiqos Trail 2752406600 12893 Glen Circle Ekiko Residence 820-1311 SFD 0 Road 2772202400 18773 Heritage Lamie Residence 821-0009 SFD 0 Drive 3146013400 14513 Hillndale Millard ADU 819-1435 ADU R Way 3147503600 14282 Palisades Sharma ADU 819-2230 ADU R Drive 3210126000 14142 Del Poniente Lindquist ADU 819-2530 ADU R Road 3142141900 14058 Sycamore Mees ADU 820-0050 ADU R Avenue 3230320500 14410 Garden Newfield ADU 820-0113 ADU R Road 31 of 55
March 5, 2022, Item #4
Jurisdiction Poway
Reporting Year 0 (Jan. 1 -Dec. 31)
Planning Period 6th Cycle 04/15/2021 -04/15/2029
3213130200 14511 Indian SeeneADU B20-0397 ADU R Sprinos Road 2784410400 15855 Riparian Baylis ADU B20-0566 ADU R Road 3146011000 14538 Poway Mesa Vourlitis ADU B20-0619 ADU R Court 3140505600 14209 Palisades Paul ADU B20-0643 ADU R Drive 2784231600 14341 Twisted Soares ADU B20-0714 ADU R Branch Road 2784611400 15501 Harrow Lane Palacios ADU B20-0784 ADU R 3172001000 12340 Boulder Sui ADU B20-1091 ADU R View Drive 3145720500 13211 Olive Seibert ADU B20-1447 ADU R Meadows Drive 2784426500 15604 Riparian Advani ADU B19-2007 ADU R Road 2731742700 17011 Valle Verde Herrman ADU B20-0197 ADU R Road 3231430400 14515 Kennebunk Cohen ADU B20-0187 ADU R Steet 2727613600 17827 Highlands Busson ADU B20-0398 ADU R Ranch Circle 3171521400 12341 Oak Knoll Villa de Vida B19-0162 5+ 0 Road 3174720100 13099 Olympus Poway Commons B19-2509 5+ 0 Circle 3174720100 13073 Olympus Poway Commons B20-0736 2 to 4 0 Circle 3174720100 1307 4 Olympus Poway Commons B20-0744 2 to 4 0 Circle 2770201400 18585 Deer Valley Filhart & Kimanh Residence B17-0281 SFD 0 Estates 2770202700 18409 Deer Valley Marlow & Cherese Residence B18-0623 SFD 0 Estates 3142306700 13880 York Avenue Puertollano Residence B18-2066 SFD 0 3141934800 13612 Aubrey M-Terre Holdings LCC B18-2314 SFD 0 Sreet 3175342000 12423 Aria Court Aria Estates B19-0086 SFD 0 3175342000 12429 Aria Court Aria Estates B19-0087 SFD 0 3175342000 12433 Aria Court Aria Estates B19-0088 SFD 0 3175342000 12418 Aria Court Aria Estates B19-0089 SFD 0 3175342000 12414 Aria Court Aria Estates B19-0090 SFD 0 3175342000 12410 Aria Court Aria Estates B19-0091 SFD 0 3212709300 14095 Murel Trail Sasson Residence B19-0714 SFD 0 3148400900 13355 Del Poniente Ironwood 12 LLC B19-1530 SFD 0 Road 3212707500 14009 Murel Trails Wilson Residence B19-1645 SFD 0 3210126000 14140 Del Poniente Lindquist Residence B19-2529 SFD 0 Road 2754605800 15546 Pomerado Saint Michael Catholic B19-2560 SFD 0 Road 3230705600 15121 Sycamore Wimbrought Residence B20-0229 SFD 0 Canyon Road 27526030 13311 Summit 13311 Summit Circle Residence MDRA21-011 SFD 0 Circle 31747320 DR21-003 5+ R 13253 Poway Road Outpost
32111032 Not Assigned Yet Clough Residence MDRA20-007 SFD 0 32201109 Not Assigned Yet Ho Residence MDRA20-019 SFD 0 32 of 55
March 5, 2022, Item #4
Very
Low-
Income
Deed
Restricted
0 33
of
55 ANNUAL
ELEMENT
PROGRESS
REPORT
Housing
Element
Implementation
Table
A2
- 2
of
5 (CCR
Title
25 §6202)
Affordability
by
Household
Incomes
-Completed
Entitlement
4 Very
Low-
Low-Income
Low-Income
Moderate- Moderate-
Above
Income
Non
Deed
Non
Deed
Income
Deed
Income
Non
Moderate-
Deed
Restricted
Restricted
Restricted
Restricted
Deed
Restricted
Income
0 0
0 0
0 0
1 1 1 1 1 1 1 1
5 6
Entitlement
#
of
Units
issued
Date
~!;!roved
Entitlements
0 1/13/2021
1 11/2/2021
1 10/12/2021
1 12/29/2021
1 3/24/2021
1 7/6/2021
1 8/5/2021
1 12/22/2021
1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
March 5, 2022, Item #4
34 of 55
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
March 5, 2022, Item #4
35 of 55
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
9 1
63 1
1 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
9/1/2021 1
12/7/2021
72 7/22/2021 1
9/30/2021 1
0 0
March 5, 2022, Item #4
Very Low
Income Deed
Restricted
0 36 of 55
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table A2 -Sheet 3 of 5
Affordability by Household Incomes -Building Permits
Very Low
Income Non
Deed Restricted
0 Low-Income
Deed
Restricted
0 7
Low-Income
Non Deed
Restricted
0 Moderate
Income Deed
Restricted
0 Moderate
Income Non
Deed Restricted
0 Above
Moderate-
0 8
Building Permits
Date Issued
5/4/2021
2/2/2021
1/5/2021
7/6/2021
1/26/2021
1/26/2021
9/28/2021
3/29/2021
3/8/2021
4/26/2021
5/31/2021
11/8/2021
6/22/2021
6/22/2021
7/8/2021
7/27/2021
9/21/2021
9/22/2021
9/27/2021
11/8/2021
10/19/2021
12/13/2021
1/19/2021
11/9/2021
9 # of Units Issued
Building Permits
0 0
0 0
0 0
0 0
0 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 March 5, 2022, Item #4
Note:
"+"
indicates
an
optional
field
Cells
in
grey
contain
auto-calculation
formulas
1 9/15/2021
1 1
2/2/2021
1 4
4/27/2021
4 4
8/19/2021
4 4
11/19/2021
4 3
4/27/2021
3 3
4/27/2021
3 3
4/27/2021
3 3
4/27/2021
3 3
8/19/2021
3 3
8/19/2021
3 3
8/19/2021
3 3
8/19/2021
3 3
11/19/2021
3 3
11/19/2021
3 3
11/19/2021
3 1
5/25/2021
1 1
1/25/2021
1 1
10/19/2021
1 1
12/9/2021
1 1
2/16/2021
1 1
7/20/2021
1 1
7/1/2021
1 10/9/2019
0 2/3/2020
0 8/14/2020
0 5/20/2020
0 6/9/2020
0 10/29/2020
0 7/28/2020
0 7/29/2020
0 8/26/2020
0 10/26/2020
0 10/9/2020
0 12/31/2020
0 12/10/2020
0 5/12/2020
0 7/22/2020
0 5/12/2020
0 37
of
55 March 5, 2022, Item #4
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
10/1/2020 0
4/22/2019 0
11/10/2020 0
12/9/2020 0
12/9/2020 0
7/20/2018 0
12/20/2018 0
12/3/2019 0
12/19/2019 0
2/6/2020 0
2/6/2020 0
2/6/2020 0
2/6/2020 0
2/6/2020 0
2/6/2020 0
3/5/2020 0
6/19/2020 0
12/12/2019 0
8/14/2020 0
9/8/2020 0
6/15/2020 0
0 0
0 0
0 0
38 of 55
March 5, 2022, Item #4
Very
Low-
Very
Low-
Income
Non
Income
Deed
Deed
Restricted
Restricted
0 0
39 of
55 ANNUAL
ELEMENT
PROGRESS
REPORT
Housing
Element
Implementation
Table
A2
-Sheet
4 of
5 Affordability
by
Household
Incomes
-Certificates
of
Occupancy
10 11
Certificates
of
Low-Income
Low
-Income
Moderate-
Moderate-
Above
Occupancy
or
other
Deed
Non
Deed
Income
Deed
Income
Non
Moderate-
forms
of
readiness
Restricted
Restricted
Restricted
Deed
Restricted
Income
(see
Instructions)
l;!aie
l!§ued
0 0
0 0
0 1
12/14/2021
1 7/16/2021
1 8/24/2021
1 9/1/2021
1 11/23/2021
1 11/23/2021
1 12/28/2021
12 #of
Units
Issued
Certificates
of
Occupancy
or
other
forms
of
readiness
0 0 0 0 0 0 0 0 0 0 1 1 0 0 1 0 1 0 0 0 0 1 1 0 0 0 0 0 0 1 0 0 March 5, 2022, Item #4
0 0
1 10/21/2021
1 4
11/19/2021
4 0 0
3 11/23/2021
3 3
12/6/2021
3 3
12/15/2021
3 3
12/21/2021
3 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1 2/19/2021
1 1
2/12/2021
1 1
10/28/2021
1 1
1/28/2021
1 1
4/23/2021
1 1
12/21/2021
1 1
5/27/2021
1 1
7/21/2021
1 1
10/20/2021
1 1
7/23/2021
1 1
4/5/2021
1 1
12/29/2021
1 1
7/14/2021
1 1
9/27/2021
1 40
of
55 March 5, 2022, Item #4
1 12/16/2021 1
1 5/14/2021 1
1 12/9/2021 1
33 20 5/26/2021 53
7 8/13/2021 7
4 9/8/2021 4
3 9/24/2021 3
1 3/16/2021 1
1 5/4/2021 1
1 4/21/2021 1
1 6/18/2021 1
1 10/22/2021 1
1 10/22/2021 1
1 10/22/2021 1
1 10/22/2021 1
1 10/22/2021 1
1 10/22/2021 1
1 10/12/2021 1
1 8/5/2021 1
1 2/16/2021 1
1 10/28/2021 1
1 10/13/2021 1
1 1/29/2021 1
0 0
0 0
0 41 of 55
March 5, 2022, Item #4
Streamllnlng
42 of 55
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table A2 -Sheet 5 of 5
Housing with Financial Assistance Housl~ wllhout Anaoeial Term of Atfordabilily and/or Deed Restrictions Ass:::~;t:n':ed or Dttd Restriction Demolished/Destroyed Units Density Bonus ......... Pt..,_ O.ellllNllrklllNI
10tEKIIDlw...,_M fypl,
(...,NIHfllMllll .... • (fMlfNIHtlnllfl,..
••l,.SUC1k1N) ••IMtruttloMI
,__....,,.. .......... fkl.Mclal••----....
~ . .,. .... ,.....
----=-===•NII 1 ... "'llfuCtklMI
Surwyofcomparableunib
Survey of comparable units
Surwyolcomparabl•units
Surwvofcom.,..rabltunits
Surveyolcompa111bh1units
Surveyolcomparableul\itl
Surwyol'comparableunlts
Survey of comparable units
Survey of comparable units
Survey of comparable units
Survey of comparable units
SurveyofcomparableunilS
Surveyolcomparableunits
Surveyofcompu~bleunib
Surveyofcomp.irabltunits
,..,,..,.,0t111,
Total~._.. ......... lnc..-V..,
,.,.-.......... .,. .. ....... ,., De~ ffllll'rot,C1~,.... c-........ watffn,
0...IINlttCIIOfl~_,.I DI ..... ~ DtllllO••t•edgr -==-~=--~=-== •a::;.-:-c:
Cfllfof=,~itr NlpdUnlts °""9W'l•U,... ........... ....-..Or_ (Elrch,idll'l-.rl~ ----~ •-1
---::..~ °'!:a-~=·
(bce.trttltM:lnl ,-,1:,,...,..,.,(Vltill
...,.,. ... ., .. "" --)
March 5, 2022, Item #4
S1r4ryofCompan
1bl
■ Unill
43 of
55 March 5, 2022, Item #4
t
0 ...,
u,
u,
Jurisdiction Poway ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
This table is auto-populated once you enter your jurisdiction name and current year data. Past year intormation comes from previous APRs.
Reporting Year (Jan. 1 • Dec. 31) Please contact HCD if your data is different than the material supplied here Planning Period 6th Cycle 001512021 -0015/2029 (CCR Title 25 §6202) Table B
Regional Housina Needs Allocation Proaress
Permitted Units Issued bv Affordabilitv
1 2
Income Level RHNA Allocation
by Income Level 2020 2021 2022 2023 2024 2025 2026 2027 2021 Deed Restricted 488 14
Verv low Non-Deed Restricted
Deed Restricted 268 29
low Non-Deed Restricted 42
Deed Restricted 241 Moderate Non-Deed Restricted 37 26
Above Moderate 342 37 52
Total RHNA 1,319
Total Units 159 71
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 2029
3 Total Units to
Date (all years)
14 71
83 89
237
4 ToCal Ramalnlng
RHNA bylncamo
Level
414
117
171
HI
1 012
March 5, 2022, Item #4
~ u,
0 -ti
u, u,
Jurlodlction "-
llt_,olngY- (J ... 1 • Doc. 31)
Plannina Poriod !llhCyclo 0015/2021-0411~1
Projectldenttfi.r
1 -
, __
l'rojoclN-•
Summary lltow: Start Dllla Entry -
Date of Raz.on•
2 Local .,.,_
Dlhtollltoz-
Traclllngll•
Nota: "+" lndk::atH An option•I field
c• In grey coruin llio-cac:IAM.ion lormu&M
. ····- - ~- -,
Table C
Sites Identified or Rezoned to Accommodate Shortfall Houslna Need and No Net-Loss Law RHNA Shortfal by HouHhotd Income Category Rezone Type Sites Description 3 5 I 6 I I 8 9 10 11
Very a.- AboveModefat• Rezone Type ltarcelSlze _ .......
Min- M- Ill-lie Dnc:rlptlon or Eldatlno .___
-
Zoning
v--- -
i-1 l>Nlgnallon 0...lty- 0...lty- c....,.ny u ...
March 5, 2022, Item #4
Jurisdiction Poway
Reporting Year
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
(Jan. 1 -Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1 2 3 4
Name of Program Objective Tlmeframe In H.E Status of Proaram Implementation Rehabilitation Loans for
Low and Moderate Income Resume program if funding becomes Households available. Addresses Policy 2020-2029 Resume program if funding becomes available. (Rehabilitation Loan A1.
Program)
Condominium Conversion Preserve current rental housing stock. 2020-2029 Ongoing. Regulations Addresses Policy A3.
Preserve all existing mobile home
Mobile Home Park Zoning spaces in the Mobile Home Park (MHP) 2020-2029 Ongoing. zone. Addresses Policy A3.
Ensure a safe, durable housing stock for
Poway and prevent the
occupancy of substandard dwelling
Construction Codes units. Also encourage 2020-2029 Ongoing. increased use of energy conservation and other sustainable best practices in
building construction. Addresses Policy
A1.
Investigate opportunities to link
Neighborhood furthering fair housing efforts to
Revitalization maximize the revitalization results of 2020-2029 Resume program if funding becomes available. such efforts. Addresses
Policies A1, A2, and C2.
Help local students excel academically,
help youth stay connected with positive
Maintain and Enhance leaders, help adults plan for their future Resident Services and achieve financial goals, and help 2020-2029 Ongoing. seniors make new friends and stay
connected. Addresses policies A4 and
AS.
The City will semi-annually refer to the
HCD Program Directory and
other funding sources to expand its
Capacity Building for potential funding sources and Grants are no longer available from the Housing Special Program Fund because Nonprofit Housing determine the availability of funding to 2020-2029 the program no longer exists due to a Department of Finance determination. Staff Development Corporations provide affordable housing and related will search for other grant sources to evaluate and fund programs. services to Poway residents. Addresses
policies A4,
84, and 85.
Monitoring Affordable Assure affordability for the longest Housing Projects feasible time, not less than required by 2020-2029 Ongoing. law. Addresses Policy AS.
DeveloQment of KeeQ affordable housing develoQments Conditions of aQQroval reguire affordable housing sites to be well maintained.
ComQrehensive The Crime Free Multi-Housing {CFMH} Program Is utilized for keeQing illegal in a safe functional well-maintained Maintenance Agreements 2020-2029 activity: out of rental QrOQerties. CFMH is a unigue QartnershiQ between law code-comQliant state. Addresses Policy: for Affordable Housing enforcement agencies rental QrOQerty: owners managers and tenants. CFMH is a AS. DeveloQments voluntaDl solution-oriented certification Qrogram. 46 of 55
March 5, 2022, Item #4
There are 712 existing affordable housing rental units in the City. In June 2015, the Poway Housing Authority (Housing Authority) approved an Exclusive Negotiating Rights Agreement (ENRA) with Villa de Vida and Mercy Housing California to explore the concept of developing a 54-unit multi-family rental development for developmentally disabled adults. Of these 54 units, seven are affordable housing at the extremely-low income level, 35 at the very-low income level, and 11 at the low-income level. The project site was previously owned by the Housing Authority, and is located on Oak Knoll Road. A Disposition and Assist development of affordable rental Development Agreement (DDA) was approved by the City Council and the Housing housing units as funding Authority In Fall 2016 and subsequently amended In December 2017 to allow and land is available. The City will Mercy Housing California additional opportunities to apply for tax credits for the Development of New annually contact affordable 2020-2029 project. The entitlements for the project were approved by the City Council In Rental Housing housing developers to discuss February 2017 and construction started In 2019. Construction was completed In opportunities. Addresses policies 2021. Additionally, the entitlements for Poway Commons, a new mixed-use 84 and 85. project, were approved December 2019 and construction began In 2020 for 141 multi-family residential units and approximately 584 square feet of commercial space. Of these 141 units, 43 are senior affordable housing units at the low and very-low Income level. Construction was completed for 30 of the market rate units in 2021. Based on a comparables analysis, market-rate studios and one-to three- bedroom apartments are anticipated to be affordable to moderate-Income households. City Staff reviewed submissions and Interviewed developers In 2021 in response to a Reguest for Qualifications for the Monte Vista housing site for the development of at least 41 affordable apartment units. A developer will be selected In 2022 with the entitlement process to follow.
Develop three AHOZ sites with City Staff reviewed submissions and Interviewed developers In 2021 in response affordable housing In accordance to a Reguest for Qualifications for the Monte Vista housing site for the New Affordable Housing development of at least 41 affordable apartment units. A developer will be with the Residential Sites Inventory on Parcels with the selected in 2022 with the entitlement process potentially to follow. (Table 4-51. The City will Affordable Housing 2020-2029 Overlay annually contact affordable housing
Zone IAHOZ) Designation developers to discuss
opportunities. Addresses policies 84
and 85.
In 2017, the Poway Road Corridor Specific Plan was adopted which allows for mixed-use development. A mixed-use development consisting of commercial space and apartment units is curren!Y under construction {Outpost). This project was modified in 2021 to include 19 additional apartments nine of which will be Facilitate the development of housing affordable to low-income households. The densi!Y increased was allowed Mixed Use Development on sites designated for mixed-use pursuant to State Density Bonus Law. Additionally, the entitlements for Poway Standards development. Addresses Policy 84 and 2020-2029 Commons, a new mixed-use project, was approved December 2019 and
85. construction began in 2020 for 141 multi-family residential units and approximately 584 square feet of commercial space to Poway Road. Of these 141 units, 43 are senior affordable housing at the low and very-low Income level.
Construction was completed for 30 of the market rate units in 2021. In December 2020, a mixed-use development consisting of 212 apartment units was also approved along the Poway Road corridor. Construction began in 2021.
Continue to collect In-Lieu fees to be
used In support of affordable
housing projects and programs
described In this chapter.
lnclusionary Housing Consider evaluating the City's 2020-2029 Ongoing. Ordinance lncluslonary Ordinance with respect to the Palmer/Sixth Street Properties vs.
City of Los Angeles ruling requirements
on rental developments. Addresses
policies 84 and 86.
Prior to the dissolution of redevelopment agencies In California in October 2011 the primary source of affordable housing assistance was the former Poway Redevelopment Agency. The PHA provides the City legal authori!Y to continue To retain promote and provide monitoring ongoing rent and compliance at affordable housing developments and partner with developers to construct and operate affordable housing in Poway. Poway Housing Authority affordable housing and maintain 2020-2029 Pursuant to Health and Safety Code Sections 34176 and 34176.1(!) {Dissolution (PHA) reporting. Addresses Policy AS 84 and Law) each year the PHA must prepare a report regarding the Low-and Moderate- fil.:... Income Housing Asset Fund ILMIHAF) which details the Housing Successor's activities during the prior fiscal year. The PHA assisted the development of two recent affordable housing projects {Villa De Vida and Poway Commons -Apollo Apartments).
47 of 55
March 5, 2022, Item #4
In 2017, the City Council approved an amendment to the City's Zoning Ordinance to comply with Senate Bill (SB) 2 and other special needs housing (homeless shelters, transitional and supportive housing and agricultural workers housing).
The City's Zoning Code was amended by Ordinance No. 805 to include definitions for Single-Room Occupancy, Supportive Housing, Transitional Housing, Homeless Shelters and Homeless. The amendment also Identified the Residential Apartment (RA) zone to be the most appropriate to allow homeless shelters by To amend the Citl£'s zoning right. Clear objective development standards were also adopted for the reguirements for Special Needs establishment of any new homeless shelters. The Code was amended to add a housina. Low Naviaation Barriers Larae Amend the General Plan definition for agricultural housing as well as clarify the provision for agricultural Residential Care Facilities and Municipal Code within worker housing. The City will continue to comply with State law as it pertains to Zoning Amendments for special needs housing and amend the Zoning Ordinance as necessa0£. This Employee and Agricultural Worker one year of Special Needs Housing includes: 1 I providing only sufficient parking to accommodate all staff working in Housing and Emergency Shelters as adoption of the Housing an emergency shelter provided that the standards do not reguire more parking for applicable consistent with State law Element. emergency shelters than other residential or commercial uses within the same including compliance with AB 139 AB 2162 and AB 101. Addresses Policy 84. zone· 21 allowing residential care facilities with six or less residents to be constructed in the RR-A through C RS-1 RS-2 RS-3 RS-4 and RS-7 zones without a Conditional Use Permit and include objective standards and decision making procedures· 31 allowing agricultural worker housing to be constructed without Conditional Use Permits and clarify the types of non-commercial agricultural activities allowable in the single-family zones as accesso!)£ uses· and 41 allowing employee housing for six or fewer persons to be treated as a residential use and subject to regulations that apply to other residential dwellings of the same !Ype in the same zone.
The City will seek opportunities for
providing housing for special In 2015, the Housing Authority approved an ENRA with Villa de Vida and Mercy needs as new opportunities for housing Housing California to explore the concept of developing an affordable rental development arise. The development for the developmentally disabled on a 2.06-acre site owned by the City will semi-annually refer to the HCD Housing Authority. A DDLA was approved by the Housing Authority in Fall 2016 Program Directo!)£ to expand its Semi-annual review of the and subsequently amended in December 2017 to allow Mercy Housing California Provision of Special Needs 1ootential fundina sources and determine HCD Program Directory, the additional opportunity to apply for tax credits for the project. The Housing the availability offunding that may Development Review for the project was approved by the City Council in February assist with the implementation of 2020-2029 2017 and construction started In 2019 and construction was completed in 2021. housing programs. Provide Emergency Also the Poway Commons project includes the development of a 44-unit senior Shelters maintain Special Needs affordable apartment building {one market-rate manager unit} that was approved in housing units and ensure provision for 2019 with similar design guality that of a market-rate development. Construction Aaricultural Worker Housina. Addresses began in 2020 and is expected to be completed In 2022.
Policy 84.
First Time Homebuyer Assist existing Program participants The future of potential new loans is uncertain as funding will be limited. Existing Assistance Program with loan servicing and resale 2020-2029 loans will be reissued as participating households are sold to new income- (SHOP) processing. Addresses Policy A7. qualified homebuyers.
Home Enhancement Loan Assist with rehabilitation of existing Program (HELP) homes acquired with City 2020-2029 The future of potential new loans is uncertain as funding will be limited. assistance. Addresses Policy A1.
Encourage diversity of development to
Maintain Zoning serve as many types of residents as
Categories in the General possible while minimizing land-use 2020-2029 Ongoing.
Plan related conflict. Addresses Policy 81
and 84.
Evaluate Community Land Evaluate options for use of community Trusts land trust model. 2020-2029 Ongoing.
Addresses Policy 83, 84, and 85.
Coordinate with Poway's Public Works
Provide Priority for Department to ensure Ongoing. The City will include potential affordable housing sites into future water, Provision of Services to service priority to potential affordable 2020-2029 Lower Income Households housing developments. sewer and drainage studies.
Addresses Policy 82 and 84.
The Villa de Vida affordable housing project that was approved in 2017 exhibits a high-quality design with a Spanish Colonial Revival architectural style with Ensure high quality design and architectural detailing that is comparable to a market-rate development. The Enforce City Codes, construction and design project is also located adjacent to Poway Creek and was designed to avoid any General Plan Policies, and compatibility with surroundings for new 2020-2029 significant impacts to the creek. Construction was completed in 2021. Also the Zoning Regulations affordable housing Poway Commons project Includes the development of a 43-unit senior affordable developments. Addresses Policy 81. apartment building {one market-rate manager unit} that was a11proved in 2019 with similar design guality that of a market-rate development. Construction began in 2020 and is expected to be completed In 2022.
48 of 55
March 5, 2022, Item #4
Ensure unnecessary and/or
inappropriate financial and/or
regulatory constraints do not hamper
the development of housing, especially
Monitor Ordinances, User affordable housing, in Poway. Ensure Annual Review, 2020-2029 Ongoing. Charges, and Fees that funds collected through charges and fees are appropriate and sufficient
to fund City activities supported by
these charges and fees. Addresses
Policy 84.
U11date the Powal£
Munici11al Code to Com11llr'. Amend the Citlr'.'s Munici11al Code to Amend the City's with current Densitlr'. ensure it com11lies with State Municipal Code within 12 Ongoing. With the continued u11dates to State Densitlr'. Bonus law the Citlr'. will Bonus law reaardina densitv bonus. Addresses months of adoption of the u[!date its Densitlr'. Bonus ordinance as needed. law including Assembll£ Policl£ 81 83 and 84. Housing Element.
Bill 2345
Public Outreach and Raise public awareness of and public As funding is available, the City will continue to work with its non-profit partners Education support for affordable 2020-2029 to conduct a public outreach and education program that engages local housing housing. Addresses Policies 82 and 86. developers and the business community.
City will evaluate options to implement this provision. Work is completed on the Promote transit-oriented develoQment Poway Road Corridor Study that evaluated and updated land use policies for increase transit service and encourage residential and non-residential properties along Poway Road, the main transit Transit-Oriented Projects mobilitlr'. corridors and hubs in Powal£ 2020-2029 corridor within the City and reduces vehicles miles traveled furthering sustainable and along ScriQQS Powal£ and SR-67. communities strategies. Comments on the Regional TransQortation Plan the San Vicente SR-67 corridor studl£ and related Qlans included adding transit stoQs and Addresses QOlicies 84. a multi-use corridor along ScriQQS Powal£ Parkwal£ and QOrtions of the SR-67. The current San Vicente SR-67 corridor studl£ 11ro11oses these im11rovements.
Outreach to developers on at least an
annual basis; As funding Outreach to developers on at least an annual basis; As funding becomes Provision of Housing for becomes available, apply for or support available, apply for or support applications for funding on an ongoing basis; Extremely-Low Income applications for funding onan ongoing 2020-2029 Review and prioritize local funding at least twice in the planning period. Seven of Households basis; Review and prioritize local the units in the Villa de Vida affordable apartment project are reserved for funding at least twice in the planning extremell£-low income households. Construction was comQleted for this Qroject in period. Addresses policies 82, 83, 84, 2021.
85, and 86.
Monitor and evaluate No Net Loss
requirements per State law. The
Provision of No Net Loss Residential Sites lnvento!]l list will be The City replaces affordable sites that do not realize their full affordable housing (Government Code Section u[!dated as a (!art of the Annually, 2020-2029 allocation from the Affordable Sites Inventory list with sites identified in the 65863) annual Housing Element Progress Poway Road Specific Plan that have the potential to replace this shortfall which ReQort with new sites to accommodate implements Government Code Section 65863. anl£ shortfall. Addresses QOlicies 82
and 84.
Monitor and evaluate potential At-Risk
housing units, coordinate
with existing property owners, seek
Preserve Potential At-Risk assistance from non-profit Within the 2020-2029 "at-risk" housing analysis period, no properties are entities capable of assisting with 2020-2029 Housing Units preserving At-Risk affordable considered at-risk of converting to market-rate housing. housing units and identify funding as it
becomes available. Addresses policies
A1, A2, and Al.
Monitor development of AHOZ To Qrovide adeguate sites for affordable housing develoQment and to ensure that properties and AHOZ development anl£ increased densities allowed are used for the Qrovision of affordable housing. standards and DR procedures for An AHOZ was established in the Zoning Code for Low Income (AH-LI and consistency. If necessary, Moderate Income (AH-Ml households. This included Qrovidlng flexible Monitor and Evaluate amend AHOZ General Plan guidelines develoQment standards that will allow the densities UQ to 30 dwelling units Qer AHOZ Ordinance and Municipal Code Annually, 2020-2029 acre. Placement of an AHOZ designation was comQleted in 2012 on six (61 Qublicllr'.• Development Standards regulations. Provide analysis and owned sites three of which remain in the Residential Sites lnvento!]l for the evaluation of program to HCD in Qrovision of affordable housing. Waivers or reduced standards incentives and General Plan Annual Report. Addresses concessions mall also be aQQlied to AHOZ sites and shall be consistent with policies 81, 82, 83, and densitlr'. bonus Qrovisions. A Qrogram is added to u[!date the PMC consistent with
84. current State Densitlr'. Bonus law.
UQdate Public Safetlr'. To U(!date the Public Safetlr'. Element of Amend the Citlr'.'s General the General Plan so that it Is consistent Element to Ensure Plan and MuniciQal Code with State law and address wildfire risks Consistencl£ with the within one l£ear The Citlr'. ex11ects to comQlete the UQdate to the Public Safetlr'. Element in late 2022. and other Ado(!ted of adootion of the Housina Housing Element hazards to the communitl£. Addresses Element QOlicies A1 AG and 81. lmQlementation of SB35 Adoot orocedures for orocessina of new Permit Streamlining Within one lr'.ear of the affordable housing Qrojects that are Process for New adoQtion the Housing Ongoing. The Ci!l£ will UQdate as reguired. gualified for SB 35 streamlining. Affordable Element uQdate. Addresses Policies 82 and 84. Housing 49 of 55
March 5, 2022, Item #4
Amend
the
Citl('s
General
Plan
and
Municl[!al
Code
to
establish
Amend
the
Citl('s
General
Objective
Design
objective
design
standards
for
Plan
and
Munici[!al
Code
Ongoing
. The
General
Plan
and
Municl[!al
Code
includes
objective
design
affordable
housing
[!rojects
where
the
within
one
l£ear
Standards
standards
. The
Citl!'.
will
u[!date
as
needed.
Citl('s
discretion
over
design
review
is
of
adootion
of
the
Housina
[!reem[!ted
bl£
State
law
. Addresses
Element.
Policies
81. Amend
the
Munici[!al
Code
and
if
Ado[!t
Develo[!ment
necessa!Jt'.
the
General
Plan
to
Amend
the
Municioal
Code
ado[!t
standards
for
[!arking
O[!en
and
if
necessa!:l£
the
Standards
for
Parking
S[!ace
and
recreational
areas
in
General
Plan
O[!en
S[!ace
and
The
Citl!'.
will
U[!date
as
reguired.
Recreational
the
Floodwal!'.
to
[!rovide
more
usable
within
three
l£ears
of
land
and
O[!en
S[!ace
for
ado[!tion
of
the
Housing
Areas
in
Floodwal£S
residential
develo[!ment.
Addresses
Element.
Policies
81 82
and
84. To
reduce
constraints
to
housing
Ongoing.
The
Powal£
Road
S[!ecifc
Plan
includes
[!arking
reductions
for
housing
Parking
Reguirements
Annual
Review
2020-2029
develo[!ments
. The
General
Plan
and
Municl[!al
Code
will
be
u12dated
to
reduce
develo[!ment.
[!arking
reguirements
as
needed.
Facilitate
the
construction
of
19 ADUs
Ongoing.
The
Citl£
issued
26 building
[!ermits
for
ADUs
and
25 Certificates
of
AccesSO!:l£
Dwelling
Units
Annual
Review
2020-2029
Occu[!ancl£
were
issued
for
ADUs
in
2021.
The
Citl£
will
continue
to
monitor
ADU
annualll£
(minimum}.
[!ermitting
and
construction
.
Provide
Information
on
Make
Poway
residents
aware
of
these
The
City
will
include
an
article
in
at
least
one
of
the City
e-newsletters
per
year
Fair
Housing
in
Quarterly
issues,
laws,
and
available
services
for
Annual
Review,
2020-2029
providing
information
concerning
housing
discrimination,
Fair
Housing
law
and
fair
housing.
Addresses
policies
C1
and
Newsletter
C2
.
available
assistance.
Obtain
and
Distribute
Promote
the
awareness
of
the
housing
The
City
will
obtain
flyers
from
the
San
Diego
County
Department
of
Housing
and
Flyers
on
Fair
Housing
services
provided
by
the
Ongoing,
2020-2029
Community
Development
and
make
these
available
at
appropriate
locations
in
the
from
San
Diego
County
County.
Addresses
policies
C1
and
C2.
City.
Obtain
and
Display
Promote
the
awareness
of
the
services
The
City
will
request
posters
from
the California
Fair
Housing
and
Employment
Posters
on
Fair
Housing
and
laws
discussed
by
the
Ongoing,
2020-2029
Department
and
display
them
in
appropriate
locations
in
public
buildings.
from
the
State
of
California
posters.
Addresses
policies
C1
and
C2.
Include
Anti-
Ensure a
legal
City
mechanism
for
Discrimination
Clauses
in
Deed
Restrictions
for
complaints
against
housing
2020-2029
In
all
deed
restrictions
required
of
affordable
housing
developments,
the City
will
Affordable
discrimination
in
deed
transactions.
require
inclusion
of
an
anti-discrimination
clause.
Housing
Addresses
Policy
C1.
Promote
knowledge
of
Fair
Housing
law
Continue
to
Assist
in
and
services
and
ensure
Poway
Ongoing.
The
City
will
continue
to
assist
with
Fair
Housing
questions
when
Addressing
Fair
Housing
residents
have
access
to
appropriate
2020-2029
possible
and
refer
questions
to
other
agencies
as
appropriate
. The
City
will
also
Questions
Fair
Housing
services.
Addresses
Policy
provide
this
information
on
its
website
to
gain additional
public
outreach.
C2.
Ongoing
. The
Citl£
will
continue
to
monitor
Program
33 and
u12date
the
General
To
ensure
that
Powal£
has
an
Plan
and
Munici[!al
Code
as
needed.
Eve!:l£
three
l£ears
monitor
race
and
ethnicitl£
demogra[!hics
and
locations
of
new
housing
units
as
a
[!art
of
the
annual
[!rogram
environment
where
housing
re[!ort
to
ensure
actions
and
trends
continue
to
reduce
the
dis[!arltl£
(2023
2026
Reduce
lm[!ediments
to
O[![!Ortunities
are
fair
for
all
racial
2020-2029
and
2029
Housing
Element
Annual
Progress
Re[!orts}.
The
Citl£
will
continue
to
Furthering
Fair
Housing
ethnic
social
and
economic
arouos
and
encourage
Caltrans
and
SAN
DAG
to
im[!rove
the
Scri[!E!S
Powal£Parkwal£
(Tier
3 further
fair
housing
[!ursuant
to
AB
686
.
Em[!IOl£ment
Center}
and
SR-67
corridors
as
multi-modal
corridors
with
transit.
Addresses
Policies
C1-CS.
The
Citl£
will
continue
to
encourage
the
State
and
Federal
governments
to
reduce
lm[!ediments
to
furthering
fair
housing.
General
Comments:
50 of
55 March 5, 2022, Item #4
U1
...i,.
0 ~
U1
U1
Jurisdiction Poway
Reporting Period (Jan. 1 - Dec. 31)
Plannlna Period 6th Cvcle 04/15/2021 - 04/15/2029
Project Identifier
1 APN Street Address Project Name•
Summary Row: Start Data Entry Below
Annual Progress Report
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table E
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Units Constructed as Part of Agreement Description of Commercial Development Bonus
2 3
Local Jurisdiction Very Low Low Moderate Above Moderate Description of Commercial Tracking 10• Income Income Income Income Development Bonus Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Commercial Development Bonus
Date Approved
4 Commercial Development Bonus
Date Approved
January 2020
March 5, 2022, Item #4
u,
"" 0 ....,
u,
u,
Jurisdiction Poway ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Note: "+" indicates an optional field Reporting Period (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 04/15/2021 -04/15/2029 (CCR Title 25 §6202) Table F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1 (c)(1 )(0) are considered net-new housing units and must be reported in Table A2. and not reported in Table F.
Units that Count Towards RHNA •
Units that Do Not Count Towards RHNA• Note - Because the statutory requirements severely limit what can be Listed for Informational Purposes Only counted , please contact HCD to receive the password that will enable you The description should adequately document how
Activity Type to populate these fields .
each unit complies with subsection (c) of Government
Code Section 65583.1•
Extremely Low- Extremely Low- Very Low- I
Income• Very Low-Income• Low-Income• TOTAL UNITS• Income• Income• Low-Income• TOTAL UNITS• I ;:_.~ .. ~-.·i;.. ... .zt •.•• C • ..
Rehabilitation Activity ., '· . I~ •
.• ·•--1
f.~;.
Preservation of Units At-Risk
..... -:;_ I '.,i
t, I
.. ·i 'I
-·
,, .. J ,,
. !,
. 1 ,l :i
Acquisition of Residential Units .. ..
1r-1'. , ·,
Mobilehome Park Preservation ... •. ·.i~ 1~ l 11
,.,. ' .. I ,, . .. "
Total Units by Income ... ,~. _·tjJ .,~\,l ..
0 .,$ 1..::~~~ _ ~ :t ,·11 '
.. ! -- :1 ·-
Annual Progress Report January 2020
March 5, 2022, Item #4
u,
w
0 ....
u,
u,
Jurisdiction Poway NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting Note: "+" indicates an optional field jurisdiction, and has been sold, leased, or otherwise disposed of Cells in grey contain auto-calculation Reporting Period 0 (Jan. 1-Dec. 31) during the reporting year. formulas Planning Period 6th Cycle 04/15/2021 - 04/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
(CCR Title 25 §6202)
Table G
locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
I
local Jurisdiction Realistic Capacity Entity to whom the site I APN Street Address Project Name + Identified in the Intended Use for Site I Tracking 10• transferred Housing Element I
I
I
Summary Row: Start Data Entry Below
March 5, 2022, Item #4
Parcel Identifier
1 2
APN Street Address/Intersection
Summary Row: Start Data Entry Below
54 of 55
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
3 4
Existing Use Number of
Units
Designation Size Notes
5 6 7
Surplus Parcel Size (In Notes Designation acres)
March 5, 2022, Item #4
Jurisdiction Poway
Reporting Year 0 (Jan. 1 -Dec. 31)
Planning Period 6th Cycle 04/15/2021 -04/15/2029
Building Permits Issued by Affordability Summary
Income Level Current Year
Deed Restricted 0 Very Low Non-Deed Restricted 0
Deed Restricted 0 Low Non-Deed Restricted 0
Deed Restricted 0 Moderate Non-Deed Restricted 26
Above Moderate 52
Total Units 78
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 11 7 16
2 to 4 0 45 23
5+ 72 0 60
ADU 0 26 25
MH 0 0 0
Total 83 78 124
Housing Applications Summary
Total Housing Applications Submitted: 10
Number of Proposed Units in All Applications Received: 81 Total Housing Units Approved: 81
Total Housing Units Disapproved: 0
Use of SB 35 Streamlining Provisions
Number of Applications for Streamlining 0
Number of Streamlining Applications Approved 0
Total Developments Approved with Streamlining 0
Total Units Constructed with Streamlining 0
Units Constructed -SB 35 Streamlining Permits
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
55 of 55
March 15, 2022, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
City of Poway
CITYCOU CIL
March 15, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f ~ /~
Will Wiley, Assistant Director of Public Works for Maintenance Operations 'J'' (858) 668-4705 or [email protected]
Approval of a First Amendment to the EDCO Solid Waste Franchise Agreement to Comply with State Mandated Organic Waste Disposal Requirements On November 2, 2021, the City Council adopted Ordinance No. 849 amending Chapter 8.68 of the Poway Municipal Code (PMC). The adoption of Ordinance No. 849 is the latest in many steps the City has taken to address state organics recycling mandates outlined in Senate Bill No. 1383 (SB 1383). In addition to adopting an organics recycling ordinance, SB 1383 requires jurisdictions to adopt additional regulations and policies to create a market for recycled organics and further reduce waste disposed of in landfills.
The City contracts with EDCO Waste and Recycling Services (EDCO) to provide solid waste, recycling, and green waste services to the City. The City's Franchise Agreement with EDCO, which went into effect on March 31, 1998, does not include provisions regarding the handling of organic waste according to the mandates outlined in SB 1383. The proposed amendment to the Franchise Agreement memorializes all requirements in SB 1383 that are EDCO's responsibility to implement as the City's franchise hauler. A full copy of the original franchise agreement is available on the City's website at https://docs.poway.org/Weblink/DocView.aspx?id=53247&dbid=1 &repo=CityofPoway Recommended Action:
It is recommended that the City Council approve the First Amendment to the Franchise Agreement with EDCO for solid waste and recycling services.
Discussion:
The City has worked closely with its franchise hauler, EDCO, to methodically address the requirements of SB 1383 starting in 2020 with the adoption of organic waste rates and an ordinance to codify the automation of residential and commercial organic waste collection. In April 2021, EDCO began providing organic waste recycling services to residential accounts and started to work individually with businesses and multi-family accounts to enroll them in organic waste services. With the adoption of Ordinance No. 849, the City implemented enforcement mechanisms to compel businesses and 1 of 11
March 15, 2022, Item #5
residents
to
recycle
their
organic
waste
and
supply
EDCO
with
the
necessary
tools
to
succeed
with
its
service
roll-out
to
businesses
and
multi-family
residences.
The
City
has
made
substantial
progress
toward
SB
1383
compliance
and
seeks
to
incorporate
the
requirements
of
its
franchise
hauler
in
the
First
Amendment
as
follows:
Organic
Waste
Collection
and
Processing:
The
term
"organic
waste,"
in
regard
to
the
separation
and
collection
of
solid
waste,
is
added
and
defined
to
include
both
yard
waste
and
food
waste.
The
switch
to
automated
organic
waste
collection
from
unlimited
collection
is
incorporated
in
Article
5.3,
regarding
weekly
service,
and
in
Article
5.16,
regarding
specifications
for
collection
bins
and
containers.
Further,
the
processing
of
collected
organic
waste
is
addressed
in
Article
5.14,
which
dictates
that
organic
waste
must
be
hauled
to
a
certified
organic
waste
recovery
center.
Article
4.1,
Section
Dadds
organic
waste
to
the
provision
allowing
generators
to
divert
their
recyclables
through
alternative
recycling
or
diversion
methods.
Contamination
Monitoring:
While
EDCO
regularly
monitors
its
routes
for
improper
separation
and
disposal,
the
addition
of
Article
5.7,
Section
D,
specifically
requires
the
monitoring
of
collected
organic
waste
in
compliance
with
SB
1383.
Additionally,
complaints
of
violations
regarding
separation
and
disposal
of
organic
waste
are
to
be
investigated
by
EDCO
and
reported
to
the
City.
SB
1383
allows
the
City
to
approach
violations
committed
by
generators
with
an
education
approach
until
January
1,
2024,
after
which
the
City
may
start
addressing
violations
in
accordance
with
the
PMC.
Reporting:
The
City
is
required
to
report
to
the
state
annually
on
compliance
with
various
state
regulations
and
EDCO
provides
the
City
with
information
regarding
its
accounts
to
accomplish
this.
Changes
to
Article
6.2 requires
EDCO
to
report
on
the
number
of
accounts
in
compliance
with
organic
waste
regulations,
waivers
for
services,
organic
waste
recycling
education
distributed
by
EDCO
and
records
of
violations
and
investigations,
to
aid
the
City
in
completing
its
annual
report
to
Cal
Recycle.
Procurement:
SB
1383
gives
Cal
Recycle
the
authority
to
determine
a
procurement
target
for
the
City
for
recovered
organic
waste
products,
which
the
City
may
procure
through
its
agreements.
Article
7.8 requires
that
EDCO's
route
collection
vehicles
use
Renewable
Natural
Gas
and
allows
the
City
to
report
this
usage
to
fulfill
its
procurement
requirement.
Annual
Cleanups:
Though
not
a
requirement
of
SB
1383,
EDCO
will
provide
an
annual
event
for
residents
for
the
collection
of
excess
yard
and
organic
waste
as
noted
in
Article
5.8. Although
EDCO
has
already
begun
adjusting
its
services
to
comply
with
state
regulations,
SB
1383
requires
that
the
City
add
provisions
addressing
the
regulations
to
their
existing
or
future
franchise
hauler
agreements.
The
First
Amendment
makes
minimal
overall
changes
to
the
scope
of
the
Agreement,
while
bringing
the
City
into
SB
1383
compliance
and
memorializing
the
responsibilities
delegated
to
EDCO.
All
other
terms
and
conditions
of
the
Agreement
are
to
remain
in
effect.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
2 of
11 March 15, 2022, Item #5
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. EDCO Franchise Agreement First Amendment
Reviewed/ Approved By:
wendaserman
Assistant City Manager
3 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
March 15, 2022, Item #5
FIRST AMENDMENT TO THE
SOLID WASTE FRANCHISE AGREEMENT
THIS FIRST AMENDMENT TO THE SOLID WASTE FRANCHISE
AGREEMENT, is made and entered into effective this 15th day of March, 2022, by and between the City of Poway (hereinafter referred to as "City"), and EDCO Waste and Recycling Services (hereinafter referred to as "Contractor"). City and Contractor may be hereinafter referred to as the "Parties" collectively.
RECITALS
1. City and Contractor entered into that certain "Solid Waste Franchise Agreement," dated March 31, 1998, (the "Agreement"), by which City and Contractor established the terms and conditions for providing solid waste services to City.
2. Chapter 8.68 of the Poway Municipal Code defines and regulates the collection of solid waste, recyclables, manure, yard waste, and other compostables within the City.
3. The State has, through enactment of AB 939 and subsequent related legislation including, but not limited to: the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed.
4. SB 1383 establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets.
5. The Parties desire to modify the terms and conditions for providing solid waste and organic waste disposal services as set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Section 1. Article 1 entitled "DEFINITIONS; DELEGATION OF AUTHORITY" of the Agreement is replaced in its entirety with the following:
4 of 11
Article 1. DEFINITIONS; DELEGATION OF AUTHORITY
A. Whenever any term used in this Agreement has been defined by the provisions of Chapter 8.68 of the Poway Municipal Code, the definitions contained in said Code shall govern the meaning of such words for the purpose of this
ATTACHMENT A
March 15, 2022, Item #5
Agreement,
unless
any
such
word
is
otherwise
specifically
defined
herein
or
unless
it
is
obvious
from
the
context
hereof
that
another
meaning
is
necessarily
intended.
B.
The
administration
of
this
Agreement
shall
be
under
the
supervision
and
direction
of
the
Director
of
Public
Works
and
the
actions
specified
here
shall
be
taken
by
the
Director
of
Public
Works
or
his
designees
unless
otherwise
stated
or
specified.
For
the
purpose
of
this
agreement,
the
term
"Director
of
Public
Services"
refers
to
the
Director
of
Public
Works.
C.
The
term
"bulky
item"
means
stoves,
refrigerators,
water
tanks,
washing
machines,
broken
or
discarded
furniture,
rubbish
and
debris
from
building
construction,
rocks,
sod,
earth
and
other
bulky
materials.
Bulky
items
eligible
for
curbside
pickup
on
normal
collection
days
include
items
weighing
no
more
than
50 pounds,
no
longer
than
four
(4)
feet
in
length,
and
no
greater
than
three
(3)
feet
in
diameter.
D.
The
term
"solid
waste"
includes
all
items
that
are
not
included
in
recycling,
green,
or
organic
waste
programs
that
are
abandoned
for
collection
and
disposal
in
landfills.
Collectively,
"garbage,"
"refuse,"
and
"rubbish"
are
used
nearly
interchangeably
in
this
document
to
identify
that
material
which
is
presently
delivered
for
burial
at
a
properly
operated
and
permitted
solid
waste
disposal
landfill.
E.
The
term
"recyclables,"
as
it
is
used
in
this
Agreement,
shall
mean
"recyclable
materials"
as
defined
in
Poway
Municipal
Code
section
8.68.020
and
shall
refer
only
to
recyclable
material
that
has
been
discarded,
thrown
away,
or
abandoned
by
its
owner.
Newspapers,
bottles
and
cans
that
an
owner
has
set
out
for
curbside
pickup
are
examples
of
discarded
recyclables.
F.
The
term
"organic
waste"
means
solid
wastes
containing
material
originated
from
living
organisms
and
their metabolic
waste
products,
including
but
not
limited
to
food,
green
material,
landscape
and
pruning
waste,
organic
textiles
and
carpets,
lumber,
wood,
paper
products,
printing
and
writing
paper,
manure,
biosolids,
digestate,
and
sludges.
Section
2. Article
4.1 subsection
D.
entitled
"Exclusions
for
Recyclables
of
the
Agreement
is
replaced
in
its
entirety
with
the
following:
5 of
11 D.
Exclusions
for
Recyclables
and
Organic
Waste.
Furthermore,
the
provisions
of
this
Agreement
shall
not
preclude
individual
householders
and
commercial
businesses
from
self-hauling
recyclable
materials
or
organic
waste
through
other
recycling
or
diversion
methods,
provided
that
such
householders
or
commercial
businesses
shall
still
be
required
to
pay
the
organic
waste
service
fee
of
Contractor.
The
provisions
of
this
Agreement
shall
not
preclude
or
prohibit City
or
any
officer
or
employee
thereof
or
any
public
entity
delegated
the
ability
to
do
so
by
the
City
Council
from
itself
collecting,
removing,
disposing
or
diverting
of
solid
waste,
recyclables, manure,
yard
waste,
and
other
compostables
in
the
regular
course
of
their
respective
duties
as
such
officers
or
employees;
notwithstanding,
the
City
shall
be
responsible
for
reporting
all
such
diversion.
March 15, 2022, Item #5
Section 3. Article 5.3 entitled "Residential Solid Waste Collection Services" subsections A. through D. of the Agreement are replaced in their entirety with the following:
A. Single-Family Weekly Service. Once weekly curbside collection and disposal of household refuse, recyclables, and organics via automated 35 gal. or 95 gal. waste cart.
B. Single-Family Additional Cart Service. Up to three (3) automated carts for recyclables and organics shall be provided upon request. Additional carts beyond the first three will incur an additional fee.
C. Multi-Family Weekly Service. For multi-family complexes where the resident is billed individually, once weekly curbside collection and disposal household refuse, recyclables, and organics via automated 35 gal. or 95 gal. waste cart.
D. Multi-Family Additional Cart Service. For multi-family complexes where the resident is billed individually, up to three (3) automated carts for recyclables and organics shall be provided upon request. Additional carts beyond the first three will incur an additional fee.
Section 4. Subsection C. entitled "Complaint Handling." of Article 5.7 is replaced in its entirety and the new subsection D. is added to read as follows:
6 of 11
C. Complaint Handling.
Complaints against the Contractor: The Contractor shall be responsible for all customer billing, complaint handling, and other services as described in the Franchise Agreement. Additionally, operational data, as defined in the Contract and as required by AB 939 and SB 1383, shall be provided to the City by the Contractor. The Contractor will provide an on-site mobile field supervisor, equipped with a mobile telephone, who will be expected to respond within 1 business day - when required-to customers for a complaint being registered with the Contractor's customer service desk.
Complaints against EDCO Customers/Generators: For complaints regarding SB 1383 regulatory non-compliance, Contractor shall accept the submission of written complaints and commence an investigation within ninety (90) days if it's determined that the allegations against the entity, if true, would constitute a violation of SB 1383 regulations. The written complaint shall include the name and contact information of the complainant (unless they wish to remain anonymous), identity of the alleged violator if known, description of the alleged violation (including locations and all other relevant facts), any relevant photographic or documentary evidence that supports the allegations, and the identity of any witnesses. Contractor shall maintain a record of each violation and submit an investigation complaint report quarterly that documents the investigations March 15, 2022, Item #5
performed and recommendations to City on whether or not the entities investigated are in violation of SB 1383 regulations based on the Contractor's investigations.
The City shall make a final determination of the allegations against the entities and make contact with entities as specified in Title 14 of the California Code of Regulations (14 CCR).
Contractor is required to investigate complaints against Customers and Generators, but not against Food Recovery Organizations, Food Recovery Services, and other entities regulated by SB 1383 regulations.
D. Contamination Monitoring. Contractor shall perform contamination monitoring for prohibited contaminants in a manner that is deemed appropriate by the City, complies with 14 CCR and the Poway Municipal Code, and other applicable laws, and results in all routes being reviewed at least annually. In additional, Contractor shall assist City in identifying commercial businesses that qualify for waivers as specified in 14 CCR Section 18984.11.
Section 5. Article 5.8 entitled "Annual Cleanup Campaign" of the Agreement is replaced in its entirety with the following:
5.8 Annual Cleanup Campaign
Annually, during the term of this Agreement, the Contractor shall coordinate and provide at least two "Community Clean-up" events, at no cost to the residents.
Contractor shall provide an event for accepting and disposing of items such as but not limited to: furniture, appliances, residential wood waste, and other large and bulky items not collected on regular residential routes due to their size or the volume of the material. Contractor shall also offer free compost, mulch, or wood chips during this event.
Contractor shall also provide an annual event for accepting and disposing of excess yard and organic waste.
Materials collected at these events shall specifically exclude auto parts and bodies, household hazardous waste, and similar materials. Contractor shall provide a plan for recovering reusable and recyclable materials offered for collection as part of the annual clean-up events and for recycling at the source. Contractor shall provide the Director of Public Works with statistical data indicating the amounts of mixed trash, green waste, recyclables, and white goods collected during these events.
Section 6. Article 5.14 entitled "Processing of Solid Waste" of the Agreement is replaced in its entirety with the following:
7 of 11
5.14 Processing of Solid Waste
Contractor, prior to disposal, may direct any or all portions of the waste stream collected under this Franchise to a landfill, material recovery, composting, transformation or any other permitted solid waste processing facility, for processing March 15, 2022, Item #5
of any materials contained therein. All organic waste collected must be transported to a facility that meets or exceeds the organic waste content recovery requirements specified by SB 1383. The City Council reserves the right to designate such a facility for final disposal in accordance with its membership in the Regional Solid Waste Association (RSWA). Facility operators will not be required to place for collection by Contractor any non-processable fractions following processing. In addition to the provisions of Section 7.3, Contractor agrees to assist the City in identifying loads suitable for processing at material recovery, composting, transformation or any other solid waste processing facilities, and to modify routes or storage and collection procedures, as directed by the Director of Public Works, to increase the quality or recoverability of materials generated by customers.
Contractor may seek a rate increase under 8.3 to cover increased costs under this section.
Section 7. Article 5.16 entitled "Solid Waste Containers" of the Agreement is replaced in its entirety with the following:
8 of 11
5.16 Solid Waste Bins and Containers
A. Residential. Contractor shall provide 32-gallon or 95-gallon containers and weekly automated pickup for solid waste, recyclables, and organic waste. All containers shall be clearly labeled or imprinted with language or graphic images or both indicating the primary materials accepted and rejected in each and be colored accordingly: black or gray for solid waste, blue for recyclables, and green for organic waste.
B. Commercial Collection Services. Contractor shall provide bins and debris boxes for storage of solid waste, recyclables, and organic waste which shall be designed and constructed to be water-tight and prevent the leakage of liquids.
All bins with a capacity of one cubic yard or more shall meet applicable federal regulations on solid waste bin safety. All bins shall be painted the Contractor's standard color and shall prominently display the name and telephone number of the Contractor in letters and numbers no less than two and one-half (2 ½) inches high. Contractor shall not place the City's logo on its bins. To attain certain economies, some customers may request specialized services such as compactors, roll-off, or custom-built bins, etc. The sale, lease, rental of such equipment, or their provision by the customer, may be negotiated by the latter and the Contactor. Information relating to any such agreements shall be forwarded to the Director of Public Works.
C. Cleaning, Painting, Maintenance. Once every twelve months, or as needed, Contractor shall replace, clean or repaint all commercial bins so as to present a clean appearance. In addition, Contractor shall do the same upon 48 hours oral notice by Director of Public Works. Contractor shall maintain all bins in a functional condition and shall remove graffiti immediately.
D. Repair and Replacement. Contractor shall repair or replace all residential or commercial bins and containers damaged by collection operations.
March 15, 2022, Item #5
Section 8. Article 6.2 entitled "Annual Reports" of the Agreement is replaced in its entirety with the following:
6.2 Annual Reports
The Contractor shall submit annual reports with respect to its operations pursuant to this Agreement. The annual report shall be submitted not later than four (4) months following the end of the Contractor's annual accounting period. The report shall be in a format which will allow the City Manager and Council to compare the operations of the Contractor with the franchise fee paid and the appropriate adjustments to the franchise fee calculated pursuant to this Agreement. As part of the report, the Contractor will calculate the actual franchise fee owed, shall set forth the quarterly franchise fee payments actually made, and shall show the appropriate additional franchise fees owed to the City or the over payments of the franchise fee actually owed for the annual period. This report includes customer billing information by class of service and number of services.
Additionally, Contractor shall provide access to and/or copies, as requested, of all records required by SB 1383, including but not limited to route review and contamination reports, record of complaints and resulting investigation, and the identity of all processing facilities that will be used to manage solid waste.
Section 9. Article 7.6 entitled "Public Outreach Program" of the Agreement is replaced in its entirety with the following:
7 .6 Public Outreach Program
The Contractor will develop and implement a public education program on landfill disposal reduction, proper separation of waste, source reduction, reuse, recycling, composting and secondary materials usage and availability as required by the Public Education Component of the City's SRRE, AB 939, and SB 1383. This requirement includes, but is not limited to public and school presentations, mailers, brochures, and online resources, as set out on Exhibit "B," attached and incorporated here.
At least once per calendar year, Contractor shall prepare information specified in 14 CCR Section 18985.1 and make available in an electronic format via the Contractor's website.
Section 10. Article 7 .8 entitled "Use of Recycled Materials" of the Agreement is replaced in its entirety with the following:
9 of 11
7 .8 Use and Procurement of Recycle Materials and Recovered Organic Waste Products
Whenever possible Contractor shall use recycled paper as part of all publicity, billing, and other management and operational activities associated with the performance of this Agreement. Opportunities for use of other recycled materials, including but not limited to the purchase of collection containers with recycled March 15, 2022, Item #5
material content shall also be pursued, with a cosUbenefit analysis provided to the Director of Public Works.
Additionally, all route collection vehicles used by the Contractor under this Agreement shall be powered by Renewable Natural Gas (RNG) whether generated by Contractor's Anaerobic Digestion Facility or purchased. Upon City's request, Contractor shall obtain and provide the City with a written certification by an authorized representative certifying that the in-vessel digestion facility produces the RNG in quantities corresponding to the City's organic waste, collected by the Contractor. Contractor shall maintain records of the amount of RNG purchased and shall report this information to the City on a biannual basis. Contractor shall allow the City to report this RNG usage toward the City's fulfillment of its annual recovered organic waste product procurement target in accordance with SB 1383.
Section 11. Article 7.9 entitled "Change in Laws" of the Agreement is replaced in its entirety with the following:
7.9 Change in Laws
Contractor shall develop and, upon the City Council's approval, implement within a timely manner, programs to meet new requirements of AB 939, SB 1383, or similar state and federal laws. Contractor may request a rate increase or decrease under Section 8.4 for additional duties required hereunder, if the Contractor can show that the new duties will cost more or less than revenues collected under the current rate structure.
Section 12. Except as otherwise amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [Remainder of page intentionally left blank]
10 of 11
March 15, 2022, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment on the date first above written.
CITY OF POWAY
By:---------
Steve Vaus, Mayor
Date: -----------
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
11 of 11
EDCO Waste and Recycling Services
By:-----------
Sandra L. Burr, Chair
Date: ------------
;, AGENDA REPORT City of Poway
··~~¢
... ~
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 15, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Communi~ Services~
Karen Tansey, Management Assistant 1
(858) 668-4584 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with BrainShine for the Community Services Guide Graphic Artist
On November 8, 2021, the City issued a Request for Proposals (RFP) for the graphic artist consulting services for the Community Services Guide. Two proposals were received on December 14, 2021.
Staff reviewed the proposals and is recommending award of the agreement to BrainShine.
Recommended Action:
It is recommended the City Council approve the Agreement and authorize the City Manager to execute the Agreement with BrainShine for graphic artist consulting services for the Community Services Guide.
Discussion:
The Community Services Guide is the primary tool for advertising the vast array of classes, camps, programs, and events offered by the Community Services Department. The anticipated revenue generated from those advertised programs for Fiscal Year 21-22 is $650,000. The information for the guide is generated in-house and then a graphic artist designs the magazine layout. The page count runs from 28 pages in the fall and winter to 36-40 pages in spring and summer, depending on the content. During the pandemic, the City made the decision to primarily distribute the guide digitally, printing minimal copies for recreational facilities. Beginning with the Fall 2022 issue, the Community Services Guide will only be provided electronically. The current contract is slated to end with completion of the summer guide on May 15, 2022.
On November 8, 2021, the City issued a Request for Proposals for the graphic artist consulting services for the Community Services Guide. The RFP was sent out to 15 graphic artist companies who showed interest in our project, as well as being posted on the City's website via Ebidboard. Ebidboard is a comprehensive database for public projects that is used by many local agencies. 1 of 37
March 15, 2022, Item #6
The
City
received
two
proposals,
one
from
We
the
Creative
and
one
from
BrainShine.
We
the
Creative
is
based
in
San
Juan
Capistrano
and
has
13 years
of
working
in
the
public
sector.
They
are
currently
producing
the
recreation
guide
for
the
Town
of
Danville
and
the
City
of
Lancaster
Services
Foundation.
BrainShine
has
over
20 years
of
experience
working
in
the
public
sector
and
has
produced
the
Community
Services
Guide
for
the
City
of
Carlsbad
and
Law
Enforcement
Quarterly
for
the
San
Diego
County
District
Attorney.
BrainShine
is
the
current
graphic
artist
for
the
City
of
Poway
Community
Services
Guide
and
has
performed
well
for
the
last
six
years.
The
proposals
were
evaluated
based
on
the
criteria
outlined
in
the
RFP,
which
included
demonstration
of
understanding
the
services
requested,
qualifications
of
the
firms
and
assigned
individuals,
demonstrated
record
of
success
by
the
consultant
on
work
previously
performed
for
municipalities,
schedule
of
rates,
and
references.
After
a
thorough
evaluation
of
the
two
proposals,
staff
selected
BrainShine
based
on
lower
pricing
and
past
performance
.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
Producing
the
Community
Services
Guide
typically
costs
approximately
$19,000
per
fiscal
year.
Approval
of
this
contract
will
cover
work
commencing
in
Fiscal
Year
2022-23.
As
such,
funds
totaling
$19,600
(Account
200020-17999)
are
being
included
as
part
of
the
Fiscal
Year
2022-23
operating
budget
for
Council
consideration.
While
the
guide
will
only
be
produced
digitally
beginning
in
Fall
2022,
pricing
is
still
based
on
the
number
of
pages
in
the
guide,
as
reflected
in
the
attached
scope
of
services.
Use
of
the
contract
is
contingent
upon
City
Council
adoption
of
the
budget.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
for
Consultant
Services
with
BrainShine,
including
Scope
of
Work
and
Fee
Schedule.
Reviewed/
Approved
By:
Wen
~
erman
Assistant
City
Manager
2 of
37 Reviewed
By:
Alan
Fenstermacher
City
Attorney
, ..............
"""
e
City
Manager
March 15, 2022, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 15th day of March, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrainShine (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform graphic art design services for the Poway Community Services Guide; WHEREAS, Consultant is a graphic design consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of 37
March 15, 2022, Item #6
delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
4 of 37
March 15, 2022, Item #6
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway
. Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City.
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
5 of
37 (A)
Makes
a
governmental
decision
whether
to:
1. Approve
a
rate,
rule
or
regulation;
2. Adopt
or
enforce
a
law;
3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into,
modify,
or
renew
a
contract
provided
it
is
the
type
of
contract
that
requires
City
approval;
5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;
6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;
7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.
DISCLOSURE
DETERMINATION:
~
1. Consultant/Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Consultant/Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Consultant/Contractor
shall
be
required
to
file
a
Statement
of
March 15, 2022, Item #6
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
6 of
37 March 15, 2022, Item #6
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. 7
of
37 March 15, 2022, Item #6
(g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought 8 of 37
March 15, 2022, Item #6
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.
9 of
37 March 15, 2022, Item #6
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that provision
shall
, if possible,
be
construed
as
though
more
narrowly
drawn,
if a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible
, such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
By:----------
Chris
Hazeltine,
City
Manager
Date:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
(JJ.1vf;;fb.
BRAINSHINE By:
___________
_
Blaise
Nauyokas,
President
Date:
-------------
By:---------------
Alan
Fenstermacher,
City
Attorney
1 O
of
37 March 15, 2022, Item #6
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the graphic art design services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 19, 2022, and ending May 19, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended with a total of two (2) separate, one-year time extensions. The maximum length of the Agreement can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Consultant and subject to appropriation of funds. For the final two, one-year extensions of the contract, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less.
Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual 11 of 37
March 15, 2022, Item #6
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses: To
City:
12 of
37 City
of
Poway
P.O.
Box
789
Poway,
CA
92074
March 15, 2022, Item #6
To Consultant: BrainShine
11650 Ramsdell Court
San Diego, CA 92131-3607
13 of 37
March 15, 2022, Item #6
EXHIBIT
"8"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated
>
GOVERNMENT
CODE
>
Title
1 General
>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article 4
California
Public
Employees'
Pension
Reform
Act
of
2013
§
7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a
public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section.
(c)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a
public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(e)
14 of
37 (1
)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
March 15, 2022, Item #6
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
15 of
37 (2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
March 15, 2022, Item #6
University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
History
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 37
March 15, 2022, Item #6
17 of 37
Attachment 1
Proposal for
City of Poway
Recreation Guide
Design Services
Submitted: Tuesday, December 14, 2021
Brain~hine
brand development & marketing
11650 ramsdell court • san diego, california • 92131-3607 usa p 858.635.8900 • www.brainshine.com
contact: blaise nauyokas • [email protected]
March 15, 2022, Item #6
18 of
37 STRENGTH
THROUGH
DIVERSITY
.
THAT
'S
THE
PHILOSOPHY
BEHIND
BRAINSHINE
.
BrainShine
is
composed
of
some
of
San
Diego's
top
creative
minds
and
marketing
professionals,
allowing
us
to
supply
our
clients
with
benefits
that
large
agencies
could
never
manage.
We'll
give
you
quick,
personal
service.
In
other
words,
the
people
you're
meeting
with
are
the
same
ones
doing
your
work.
Our
fees
are
more
than
reasonable.
And
fewer
layers
of
management
mean
overhead
costs
are
virtually
nil.
By
hiring
BrainShine,
you
actually
get
the
best
of
San
Diego's
most
creative
design
firms
and
ad
agencies
wrapped
up
in
a single
package.
Each
member
has
worked
at
some
of
the
top
advertising
and
design
firms
in
town
and
serviced
a variety
of
clients
bringing
a wealth
of
experience
and
knowledge
to
your
projects.
March 15, 2022, Item #6
CONTRACTOR
EXPERIENCE
Please
see
our
Client
History
list
for
a sampling
of
the
many
categories
&
clients
we've
helped.
These
are
the
resumes
of
key
BrainShine
team
members.
Blaise
Nauyokas
president
&
creative
director
As
an
art
director,
Blaise
has
been
steadily
winning
awards
since
he
started
his
career
with
Cross
Associates,
Los
Angeles
in
1984.
working
for
this
prestigious
firm,
his
design
skills
flourished.
Within
a few
years,
he
enhanced
his
design
ability
with
conceptual
art
direction
and
sought
a position
in
the
world
of
advertising.
Blaise
eventually
moved
south
and
joined
San
Diego's
most
creative
agency,
Franklin
&
Assoc.
(later
Franklin
Stoorza).
In
time,
he
accepted
a position
as
Associate
creative
Director
at
agency
Arnold
• Buck
• Inc
•. There
he
honed
his
creative
and
marketing
skills
down
to
a science.
Then
in
1990,
Blaise
left
to
start
his
own
advertising
and
design
business.
With
an
arsenal
of
creative
skills,
marketing
sa\Ny
and
a network
of
established
professionals,
his
company
thrived.
In
2000,
with
the
increase
of
multi-media
and
internet
related
projects,
Blaise
incorporated
his
business
under
the
name
BrainShine.
His
focus
on
multi-channel
brand
development
and
marketing
has
lead
to
increased
success
as
his
firm
continues
to
grow.
Blaise
has
freelanced
as
a senior
art
director
for
all
of
San
Diego
1s top
agencies.
He's
also
been
an
instructor
and
guest
lecturer
at
The
Advertising
Arts
College,
teaching
classes
in
art
direction,
copyvvriting
and
design.
Recently
Blaise
was
one
of
nine
professionals
asked
to
help
guide
the
advertising
program
at
the
Art
Institute,
a nationally
accredited
college
with
over
45 campuses
in
the
U.S.
&
Canada,
and
has
worked
with
parent
company
EDMC
to
develop
their
Advertising
&
Design
Masters
program.
Today
he
is the
President
and
Creative
Director
of
BrainShine
with
a diverse
list
of
national
and
international
clients.
19 of
37 March 15, 2022, Item #6
Patty Kevershan senior designer
Patricia "Patty" Kevershan started her professional career with MarketDesign in San Diego, and worked with the agency for four years before becoming a partner at Quorum Graphic & Marketing Communications from 1987 to 2004. During that time she continued to build her strengths as a graphic designer and creative director and became adept at full project and budget management, hiring and coordinating in-house staff as well as creative freelance professionals.
Patty has won many awards for her design work in brand development, tradeshow exhibit design, product packaging, website design, and branding materials for both trade and consumer markets. Her philosophy: the best results happen when you take the time to get to know your clients. And she has proven that time and again by producing outstanding creative solutions for clients in a wide variety of industries. Key clients have included: Jabra/GN Netcom, Jacuzzi Hot Tubs, San Diego State University (SDSU) I SDSU Foundation, Sundance Spas, Sycuan Tribal Development Corporation, VA San Diego Healthcare System, T.B. Penick & Sons and many other small startup companies.
Patty is a professional, experienced graphic designer who adds value to any project. Beyond being skilled in the latest computer programs1 she understands the role of creativity in marketing.
She brings relentless attention to detail matched with inventive design exploration to each project, from an annual report to an interactive web presentation.
Patty stays involved with professional design organizations, such as The American Institute of Graphic Arts (AIGA) and the San Diego Ad Club. Her work has been recognized locally and nationally with various design awards and several projects have been published in a variety of design books.
20 of 37
March 15, 2022, Item #6
Michele
Davison
senior
designer
From
her
early
work
hand-inking
graphs
and
directions-for-use
illustrations,
Michele
has
shown
a strong
command
of
the
designer's
toolbox.
She
used
those
skills
as
the
science
illustrator
for
the
Biology
and
Physics
departments
at
UCSD
before
moving
into
the
Senior
Graphic
Artist
position
for
medical
device
firm
IVAC
Corporation.
After
seven
years,
Michele
accepted
the
position
of
Senior
Art
Director
at
San
Diego
creative
boutique,
Euro
Style
Advertising.
There
she
gained
valuable
consumer
retail
experience
designing
packaging,
point-of-purchase
displays,
brochures,
ads
and
catalogs.
Now,
with
over
27 years
of
visual
communication
experience,
she
heads
up
Fox
House
Design.
Michele
has
won
numerous
awards
for
her
outstanding
concepts
including
a Creative
Show
Gold
Award,
tvvo
Creative
Show
Awards
of
Excellence
and
an
ADDY
Award
of
Excellence.
Clients
have
included
large
corporations
such
as
Playtex,
Prince
Lionheart,
Rokenbok
Toys,
Hewlett-Packard,
Sweet
Factory
and
Alaris
Medical
Systems;
smaller
businesses
like
Santa
Cruz
Mountain
Vineyard,
Bayside
Paint,
See
Spot
Sit
and
The
History
Lady;
and
non-profits
such
as
Anza-Borrego
Foundation
and
The
Heart
of
the
Healer
Foundation.
An
expert
in
computer
production,
her
work
has
been
featured
in
Step
by
Step
Electronic
Design
(Rocky
Shoes
&
Boots
catalog
design),
and
appeared
in
the
book
Adobe
Illustrator,
a Visual
Guide
for
the
Mac
(Packaging
for
Novi
Kids).
Michele
also
offers
design
consultation
on
architectural
projects
including
sophisticated
color
specification
for
historic
and
contemporary
structures.
curb
appeal
consultations
for
condo
conversions
and
other
commercial
and
residential
projects,
leaded
glass
design
for
entryways
and
other
applications.
21 of
37 March 15, 2022, Item #6
Patti Testerman senior copywriter
Patti Testerman is a copywriter, content developer and creative director. As an award-winning copywriter, Patti provides creative communications services and has directed the development and execution of strategic campaigns for various companies and organizations, including Qualcomm, IMI Severe Service companies CCI division, Jacuzzi Brands, Solar Gard, and San Diego Sports Medicine Center Executive Health.
Patti is experienced in online communications, specializing in website information design and content development, as well as developing editorial calendars and writing original biogs, Facebook posts, and marketing email. In addition to working directly with clients, Patti collaborates with several agencies to provide copy for print, interactive, video and public relations initiatives.
She was formerly an associate of Quorum Graphic and Marketing Communications in San Diego.
Patti served a president of the San Diego Civic Youth Ballet Board of Directors, was a member of the board of directors of the Grant School Community Foundation, and a volunteer for the San Diego Foundation.
22 of 37
March 15, 2022, Item #6
Chris
Hixon
senior
digital
programmer
Chris
started
his
career
writing
code
for
the
gaming
industry
but
has
since
become
an
expert
in
Web
site
design
and
interface.
He
has
experience
maintaining
and
enhancing
database
driven
applications,
including
testing
and
migration
between
development
and
production
environments
and
a strong
understanding
of
Web
technologies
and
Internet
protocols
including
HTTP(S),
Shell,
SFTP,
FTP
and
TCP/IP.
As
a programmer,
Chris
is an
expert
in
the
Unix/Linux
environment
and
is skilled
in Apache
Web
Server
customization,
object
oriented
languages
such
as
JAVA
and
PHP,
MySQL
data
bases,
AJAX,
XML,
PEAR,
CMS
and
css.
Chris
has
a strong
understanding
of
application
security
(encryption/
decryption)
and
is an
excellent
problem-solver,
accurate
software
planner
and
has
great
projection
skills.
Chris
has
the
imagination
and
ability
to
create
nearly
anything
we
ask
of
him.
Sky
Esser
web
designer/
flash
animator
A
Quantitative
Econ
Undergrad
with
an
MBA,
Sky
has
spent
the
last
nine
years
as
a Web
designer,
including
three
years
at
an
internet
startup
and
two
years
focusing
on
nonprofit
organizations.
With
over
ten
years
of
Flash
animation
experience,
Sky
has
excelled
in
creating
action
scripts
for
Web
sites,
online
promos,
ads
and
interactive
training
programs.
He
is
also
an
expert
in
wordpress,
HTML,
css
and
general
front-end
web
production
and
participates
in
site
architecture
and
usability
development.
Sky
has
excellent
organizational
and
communication
skills
and
displays
his
talents
as
both
a
web
designer
and
graphic
designer.
We're
proud
to
have
Sky
on
our
team.
23 of
37 March 15, 2022, Item #6
SCOPE
OF
SERVICES
client:
City
Of
Poway
client
contact(s):
Karen
Tansey
Project: Our
proposal
is for
the
continued
design
and
production
of
the
Poway
Recreation
Guide,
a quarterly
publication.
Details:
Agency
fees
are
estimated
for
meetings,
concept,
design,
production,
production
&
photo
supervision,
revisions,
and
delivery
of
files
for
online
display.
Costs
are
based
on
these
specs:
• Poway
Recreation
Guide
publishes
at
28,
32 or
36 pages
per
issue
4-color
covers
and
interior
pages.
Size:
1r
x
11"
flat,
8.5"
x
11"
folded
• No
paid
advertising
-most
content
is designed
by
Agency
• All
copy
to
be
supplied
electronically
by
Client
to
Agency
• Photos
are
supplied
by
Client
or
pulled
from
stock
resources
• Final
PDF
is
uploaded
to
Client
ISSUU
account
and
navigational
links
are
added;
print
version
is delivered
to
Client's
print
ing
vendor,
currently
Advanced
Web
Offset
Conc
ept/S
trategy
Estimate
accounts
for
up
to
four
(4)
hours
of
meeting
time
between
City
of
Poway
(referred
to
as
Client)
and
BrainShine
(Agency)
each
year
either
in-person,
by
phone,
or
through
email.
Additional
meeting
time
will
be
billed
at
$60
per
hour.
Cove
r &
Con
tent
Design
Current
cover
and
content
template
will
be
used
to
create
Poway
Recreation
Guides.
Content
to
be
provided
by
Client
in
electronic
format.
Agency
will
add
type
design,
illustrat
ion
or
photography
as
it deems
necessary
for
the
completion
of
the
total
design.
Round
1:
Agency
provides
first
draft
created
from
Client-provided
content.
Client
will
make
1 global
revis
ion
to
cover
design
and
1 set
of
global
revisions
to
each
section
of
interior
pages.
Round
2:
Agency
provides
"final"
design
for
review
and
any
last-minute
changes
prior
to
preparing
art
for
display
online
at
ISSUU
and
printing.
Upon
approval,
Agency
provides
a print
ready
PDF
to
printer
and
adds
all
necessary
digital
links
and
uploads
that
PDF
to
ISSUU.
24 of
37 March 15, 2022, Item #6
Photo Illustration
Agency will use provided or stock photos it deems necessary to complete the design. Agency will use Client's 123RF account for stock photography Any purchased work outside of these sources will be estimated for, agreed upon by both parties and billed for separately Original Photography and/or Illustration
Original photography and/or illustration will be contracted through the Client, estimated for, agreed upon by both parties and billed for, separately
Photo/ Art Direction
Agency will photo/art direct in-person any story if appropriate (or through coordination with the photographer/illustrator if circumstances related to the shoot prevent agency from direct participation).
Payment of Vendors
Client to contract with 3rd party Vendors directly (i.e. printers, photographers1 etc). Agency will apply a 10% mark-up to any vendor fees contracted through, and paid by Agency. If necessary, VISA payment to Vendors may be made through the Agency by Client, a 5% convenience fee will be added to total VISA purchase.
Printing Supervision
Agency will review proofs and supervise contract printer in creation of final publication.
Scheduling
Each phase will be scheduled as approvals are made by client. These include:
1. concept and Copy, 2. Initial Prototype Design, 3. Final Prototype Design
4. Client Changes1 and 5. Final Design I Printing and web-ready PDF for online viewing. services:
we shall perform the following services in connection with the assignment: consultation, concept, design, copy editing, project management, preparation of electronic files/ interaction with printer, delivery of final product in electronic form to printer and as PDF for on line publication. 25 of 37
March 15, 2022, Item #6
Compensation: Client
agrees
to
reimburse
agency
according
to
the
following
Estimatet:
Concept,
Design
&
Production
per
issue
fee
based
on
recent
project
history
28 pages:
$4,100.00
32 pages:
36 pages:
Additional
pages
billed
at
$100.00
per
page
Prepare
PDF,
ISSUU
publication,
navigational
links
added,
per
issue:
$4,500.00 $4,900.00 $200.00
Below
are
the
agency's
fee
structure
regarding
work
unaccounted
for
above
estimate.
The
fees
are
billed
on
an
hourly
basis
and
are
fully
accountable.
A statement
of
hours
will
be
presented
with
billing. Additional
Production
Revisions:
Copy
editing:
Photo
Direction
(billed
in
1 /2
or
full
day
increments):
Photography: Illustration
:
$60.00
hr
$60.00
hr
$400.00
day
estimated
as
needed
estimated
as
needed
tsased
on
information
currently
available
about
the
Project
and
subject
to
reasonable
changes
stated
above.
Materials
(stock
photography,
etc.),
shipping,
or
other
out-of-pocket
expenses
are
not
included
in
the
Estimate
but
will
be
borne
by
Client.
Payment
schedu
le:
Client
agrees
to
pay
BrainShine
in
full
the
previously
agreed
upon
fees
at
time
of
delivery
of
final
work
for
print
and/or
online
display.
Total
fees
will
be
determined
and
agreed
upon
by
both
parties
as
work
progresses
and
final
goals
are
identified
by
Agency
and
will
be
submitted
in
writing
no
later
than
approval
of
final
prototype
design. All
invoices
are
payable
net
30 days
from
the
date
of
the
invoice.
Accounts
unpaid
after
30 days
are
subject
to
finance
charges
of
1.5%
per
month
(18%
annually).
All
questions
concerning
charges
on
a job
must
be
addressed
within
10 days
from
date
of
receipt.
All
quoted
fees
herein
are
good
for
90 days.
26 of
37 March 15, 2022, Item #6
COST
OF
SERVICES
BrainShine
normally
does
not
charge
by
the
hour
(like
attorneys
and
auto
mechanics).
Rather
we
charge
a project
fee
based
on
the
task
itself,
the
value
of
the
task,
and
on
a multitude
of
factors
such
as
how
and
where
it will
be
used,
and
what
type
of
licensing
is being
contracted.
Here's
our
process:
First,
we
start
with
fair
market
value
-the
industry
standard
for
the
type
of
project.
Second,
we
create
our
best
estimate
of
hours
needed
to
concept,
design,
write,
revise
and
produce
the
finished
product.
Third,
we
evaluate
the
importance
of
the
work
to
your
business
(i.e.
worldwide
campaign
vs.
local
flyer).
And
last,
consider
any
budgetary
restrictions
for
the
project.
With
this
information
in
mind,
we
deliver
as
accurate
a quote
as
possible.
BrainShine
works
as
a virtual
agency
-an
alliance
of
top
freelancers.
we
assess
each
job
and
assemble
the
best
team
to
service
each
project.
The
rates
on
the
following
chart
cover
most
of
the
services
that
these
team
members
can
perform.
Here
is a partial
list
of
key
personnel
that
assist
BrainShine
and
its
clients:
Blaise
Nauyokas
I president
&
creative
director
Concept,
art
direction,
graphic
design,
web
design,
production
Patty
Kevershan
I senior
designer
Concept,
art
direction,
graphic
design,
web
design,
production
Michele
Davison
I senior
designer
Concept,
art
direction,
graphic
design,
web
design,
production
Patti
Testerman
I senior
copywriter
concept,
copywriting
Chris
Hixon
l senior
programmer
Custom
coding
for
websites
and
apps
Sky
Esser
I designer/
flash
animator
Website
design
and
build,
Flash
animation
BrainShine
also
contracts
with
talented
media
buyers,
public
relations
experts,
photographers,
illustrators,
printers,
web
hosting
companies
and
more.
Bios
for
the
above
team
are
in
the
next
section.
27 of
37 March 15, 2022, Item #6
Other Clients & Services
As demonstrated here, BrainShine can handle a wide range of projects, and deliver results that meet or exceed expectations. Talk to any of our clients and they'll tell you how their proj ect(s) was delivered on-time and within budget.
But there are less tangible results in regards to brand building. For each client, we've created a unique personality that differentiates them within their industry. Whether it be branding for Carlsbad's HR department to attract new businesses, retail campaigns for products at First Northern cu or a highly talked-about campaign for Mears that gave them instant recognition, BrainShine approaches each project with an eye towards furthering the brand while creating memorable solutions. Services offered:
Marketing & PR: brand positioning, events & community marketing, guerrilla marketing, internet marketing, marketing plan development, naming programs, strategic planning & development.
Advertising: broadcast production CTV & radio), corporate & promotional videos, direct mail, direct response, in-store advertising and POP, infomercials, video & film production.
Design: annual report design, collateral design & production, corporate identity, package design, press kits, publications, newsletters, signage, trade show production & support.
Digital: web site design & development, web site hosting, banner advertising, CDs & DVDs, direct e-marketing & strategies, interactive services, search engine optimization & strategy, social media strategies and counseling.
Media planning & buying: business & trade publications, newspaper & consumer publications, internet banner ads, free-standing inserts, network/cable T\/, infomercials & radio, outdoor. 28 of 37
March 15, 2022, Item #6
STATEM
ENT
OF
UNSPECIFIED
VALUE
-ADDED
OFFERINGS
Each
project
that
BrainShine
works
on
is
considered
unique,
with
it's
own
set
of
issues
and
outcomes
to
address.
Yet
to
arrive
at
the
best
solutions,
BrainShine's
personnel
brings
years
of
experience
and
skill
sets.
senior
team
members
each
have
35+
years
of
experience
in
advertising
and
design
and
over
25 years
of
experience
with
digital
and
website
design.
Each
time
BrainShine
approaches
a project,
we
bring:
• Design
skills
including:
concepting,
typography,
color
theory,
composition,
production,
file
prep
and
prepress,
and
graphic
editing
• Production
expertise
including:
advanced
knowledge
in
the
use
of
software
needed
to
accomplish
tasks
such
as
page
layout,
photo
manipulation,
drawing,
animation,
website
and
digital
design,
and
programming
Experts
skills
with
lnDesign,
Quark
Xpress,
Photoshop,
Illustrator,
Microsoft
Office,
and
more
• Writing
expertise
including:
voice
and
tone
consistency,
concepting,
grammar
and
usage,
styling
techniques,
behavior
change
techniques,
and
search
engine
optimization
• Research
skills
including:
general
market
research,
competitive
market
analysis,
and
image
research
• Marketing
expertise
including:
brand
development,
positioning,
media,
and
distribution
• vendor
management
including:
photography
and
illustration
direction,
photo
editing,
print
specifying,
materials
specifying,
professional
relationships,
and
billing
As
previously
mentioned,
BrainSh
ine
offers
seasoned
professionals
that
bring
timeless
designs
to
their
work.
But
we
offer
more
than
just
clean,
attractive
layouts:
• All
design
done
with
an
eye
towards
brand
development
• Computer
illustration
capabilities
resulting
in
useable
electronic
files
for
all
employees
• The
ability
and
knowledge
to
further
the
brand
through
marketing
channels
29 of
37 March 15, 2022, Item #6
Denise
Vedder
San
Diego
county
water
Authority
4677
overland
Avenue
San
Diego
CA
92123
(858)
522-6709
dvedder@sdcwa
.org
Jay
watts
AFM
Safecoat
3251
Third
Avenue
San
Diego,
CA
92103
(619)
239-032
1 [email protected] Ben
Cohen
Good
Feet
worldwide
5923
Farnsworth
Court
Carlsbad
CA
92008
(857)
445-1790
[email protected] 30
of
37 REFERENCES
Cynthia
Paes
Registrar
Of
Voters
5600
Overland
Ave.
Ste.
100
San
Diego
CA
92123
(858)
505-
7205
[email protected] Steve
Walker
San
Diego
District
Attorney's
Office
330W
Broadway
Suite
1300
San
Diego
CA
92101
(619)
531-3890
[email protected] Brenda
Simmons
Institute
for
Public
Strategies
2615
Camino
del
Rios.
#300
San
Diego
CA
92108
(619)
476-9100
x132
[email protected] Ben
Schindler
Sustainable
Print
and
Mail
5988
overlake
Avenue
San
Diego,
CA
92120
(619)
206-3593
[email protected] More
references
are
available
upon
request.
March 15, 2022, Item #6
AUTOMOTIVE American
Sunroof
Company
California
Buick
Dealers
Dick
Cepek
Auto
Centers
Honda
scooters
Lance
Campers
Marvin
K.
Brown
Cadillac
Pacific
Nissan
Rhino
Linings
BUSINESS
TO
BUSINESS
Ad
Club
of
San
Diego
Knowledge
Capture
Services
Nan
McKay
&
Associates
ENTERTAINMENT California
Center
for
the
Arts
Columbia/Embassy
Television
Del
Mar
Fair
Fox
Television
House
of
Blues
KPBS KSON Jazzercise
I Jazzerjym
San
Diego
Bluegrass
society
San
Diego
Chargers
San
Diego
Padres
San
Diego
Symphony
ShowFX Summergrass
San
Diego
FINANCIAL credit
unions
:
Anheuser-Busch First
Northern
Mid-States
Federal
Mission
Federal
Sherwin
Williams
CoreLogic
Consumer
Services
First
American
Great
American
Bank
FOOD
&
BEVERAGE
1888
Coffee
Company
Buddies
Burgers
Jitters
Coffee
&
Sweets
McDonald's Paragon
Restaurants
Inc
.
Rusty
Pelican
Restaurants
31 of
37 PARTIAL
CLIENT
HISTORY
GOVERNMENTAL
AGENCIES
MANUFACTURERS
The
City
of
Carlsbad
AFM
Safecoat
Carlsbad
Municipal
Water
District
Business
Machines
security
The
City
of
Poway
Creative
Nail
Design
Law
Enforcement
Quarterly
Encad
San
Diego
County
Foster
&
Adoptive
The
Good
Feet
Store
Resource
Fami
ly services
GreenbioWood
Hardwood
Flooring
San
Diego
County
General
services
Hot
spring
Portable
spas
San
Diego
County
DistrictAttorney's
Office
J. D. I. Inc.
Collectibles
San
Diego
County
Health
&
safco,
Inc.
Human
services
San
Diego
county
Office
Of
Emergency
SeNices
San
Diego
County
Registrar
of
voters
San
Diego
County
Sheriff's
Department
San
Diego
water
Authority
HEALTH
CARE
The
Active
Foot
Store
Alvarado
Hospital
Medical
Center
Ask-A
-Nurse,
San
Diego
The
Center
For
Health
Promotion
Mercy
Hospital
Paradise
Valley
Hospital
Partners
For
Prevention
Sharp
Health
Care
HI
TECH
-BUSINESS
TO
BUSINESS
ABB
HAFO
AD/SAT
Satellite
Communications
Cubic
corporation
Flour
corporation
General
Microgrids
Lascom
Technologies
SAIC HOSPITALITY Avenue
Hotel,
Chicago
Comfort
&
Quality
Suites
The
Edgewater
Inn,
Capistrano
Flamingo
Hilton
Ramada
Inn
Solana
Beach
San
Diego
Convention
Center
Travelodge
I Thriftlodge
REAL
ESTATE
/ DESIGN,
DEVELOPMENT
&
MANAGEMENT
Aquatic
Equipment
Supply,
Inc
.
Barratt
American
Bren
Company
Building
Industry
Association
Colliers
International
Great
American
Development
Company
Hollis
&
Associates
Property
Mgmt
Home
Capital
Development
Ironwood
Country
Club
INine
Company
McMillin
Compan
ies
Presley
of
San
Diego
Prudential
Pickford
Realty
Radelow
-Gittins
Property
Management
Tucker,
Sadler
&
Associates.
TC
Construction
Welk
Development
MISCELLANEOUS America's
Cup
Defense
Corky's
Pest
control
Education
Management
Corporation
International
Order
of
Forresters
(!OF)
Mears
Group,
Inc
.
Mueller
College
Party
Plan-It Super
Moms
360
Event
Connection
360
Wedding
Concierge
360
San
Diego
Flyfishers
Association
San
Diego
Gas
&
Electric
San
Diego
Union-Tribune
San
Diego
Telephone
Seltzer,
Wilkins,
Caplan
&
McMahon
sustainable
Print
&
Mail
March 15, 2022, Item #6
CREATIVE SAMPLES
The best way to get to know BrainShine is to visit www.brainshine.com to see samples of our advertising, design and digital work. Submitted here is a variety of work from the clients described previously.
City of Poway
CSG redesign and
editorial design sample pages
:~c-w:.r MICKE.,, c:.F..:.G~,.A
~OM,...,u,i~ 1 ;.•.:.'-'" cct'w~•.,r·,. cc~Tc~
32 of 37
SUMMER 2017
REGISTRATION BEGrNS
MAY16
AT7:JOAM
POWAY.ORO/CLASSES
March 15, 2022, Item #6
l\'J~
EY
.;AY
•:~JA
f
IN
T!:RPf.E
TIYF.
CE~ITE
fl
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0 33
of
37 March 15, 2022, Item #6
City
of
Carlsbad
(earl
had
l
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:
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2007 WJYH
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34 of
37 APRIL 'br
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14 ~
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1!11y
.,,.,,
I
TEEN EVE
NT
5 •• i....
1;;
City
Library:
kids
calendars redesign
Municipal
Water
District
annual
reports
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March 15, 2022, Item #6
Carlsbad CSG
redesign
and
editorial
design
sample
pages
K
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Safe.
S.
Pr
r •d
.
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35 of
37 --
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March 15, 2022, Item #6
San
Diego
county
District
Attorney
Publication
redesign
and
sample
of
editorial
pages
"
'
Toxic
Chemicals.Toxic
Kids.
36 of
37 T
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March 15, 2022, Item #6
San
Diego
County
District
Attorney
TH
E HISTORY
OF
SAN
DIEGO
COUNn
ns
POLICE
DEPARTMENTS
37 of
37 Special
edition
cover
and
editorial
WellNfflrforget
March 15, 2022, Item #6
March 15, 2022, Item #7
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
March 15, 2022
Honorable Mayor and Members of the City Counc~.AA
Robert Manis, Director of Development Services 1v l
Andrea Thomas, Associate Civil Engineer r~
(858) 668-4605, [email protected] ...,1'"4
CITY COUNCIL
SUBJECT: Acceptance of the Exposed Sewer East of Martincoit project; Bid No. 21-012 with Blue Pacific Engineering & Construction as Complete Summary:
On May 4, 2021, the City Council awarded the contract for the Exposed Sewer East of Martincoit project; Bid No. 21-012 to Blue Pacific Engineering & Construction in the amount of $1,034,000.00.
This action will accept the project as complete.
Recommended Action:
It is recommended that the City Council:
(1) Accept the Exposed Sewer East of Martincoit project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $49,554.76, if unencumbered, 45 days after City Council acceptance;
(4) Release The Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $1,034,000.00 after the release of retention; and
(5) Retain The Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one year.
Discussion:
This project was identified by staff as a priority project after a section of sewer main crossing an existing creek that runs between Martincoit Road and Jackrabbit Road was found to be exposed.
Erosion in the creek had exposed the pipeline leaving it susceptible to a sewer spill in the creek should it become damaged. The project completed a new alignment of approximately 560 linear feet of 8- inch polyvinylchloride (PVC) pipe further away from the creek within new easements, a trench less pipe installation of approximately 73 linear feet at the creek crossing, three new sewer manholes, and rehabilitation of two existing manholes.
1 of 2
March 15, 2022, Item #7
There
were
two
change
orders
during
this
project
totaling
a contract
decrease
of
$42,904.71.
The
first
change
order
was
deemed
necessary
due
to
an
existing
lateral
mismarked
on
the
plans
which
needed
additional
labor
and
material
to
reconnect
to
the
sewer
main
and
additional
tree
removal
not
marked
on
the
plans.
The
second
change
order
decreased
contract
quantities
to
reflect
actual
earthwork
required
to
finish
the
project.
The
final
contract
amount
based
upon
these
two
change
orders
is
$991,095.29.
Staff
recommends
accepting
the
work
so
that
retention
can
be
released,
and
the
warranty
period
can
begin.
Environmental
Review:
The
matter
of
acceptance
of
public
improvements
that
have
been
completed,
which
were
the
subject
of
a
prior
environmental
determination,
is
not
subject
to
the
California
Environmental
Quality
Act.
Fiscal
Impact:
Sufficient
funds
are
available
in
the
Exposed
Sewer
East
of
Martincoit
project
account
(SWR000S)
for
the
release
of
retention.
Funds
remaining
in
the
project
will
be
returned
to
the
sewer
fund
for
future
projects. Public
Notification:
None. Attachments: None. Reviewed/
Approved
By:
Assistant
City
Manager
2 of2
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
City
Manager
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
March 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services~
Jeff Beers, Special Projects Engineer~
(858) 668-4624 or [email protected]
CITY COUNCIL
SUBJECT: Award of Contract to Tri-Group Construction and Development, Inc. for the Welcome to Poway Sign Replacement Project; Bid No. 22-004
Summary:
This action will award a construction contract for the Welcome to Poway Sign Replacement project.
The project includes replacement of a damaged sign on Poway Road.
Recommended Action:
It is recommended that the City Council award the contract for the Welcome to Poway Sign Replacement project to Tri-Group Construction and Development, Inc., the lowest responsible and responsive bidder, in the amount of $33,750.00.
Discussion:
The scope of work includes the demolition and replacement of an existing sign that was damaged by vehicle impact. The replacement sign will be installed in the center median on Poway Road at the western City limits in the same location as the damaged sign. The contractor will install a new pre cast concrete sign that will be fabricated by the same company that made the original sign.
The contract time for this project is 75 working days, which includes manufacturing time, with an Engineer's Estimate of $40,000.00. Bids were opened on February 9, 2022. The following three bids were received:
Company Total Bid Amount
Tri-Group Construction and Development, Inc. $33,750.00 Zoran Construction Group, Inc. $38,465.00
Blue Pacific Engineering Construction, Inc. $44,500.00
Environmental Review:
The proposed replacement of existing sign is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, 1 of 10
March 15, 2022, Item #8
in
that
the
project
involves
the
repair
of
an
existing
structure
(freestanding
sign)
with
no
expansion
of
use.
Fiscal
Impact:
There
is
sufficient
funding
available
in
the
Facility
Renovation
FY/19
General
Maintenance
project
account
(MNT0016)
to
award
the
contract.
Since
the
damage
to
the
sign
was
the
result
of
a vehicular
accident,
the
City
will
be
pursuing
full
reimbursement
for
the
replacement
costs
from
the
driver's
insurance. Public
Notification:
None. Attachments: A.
Contract
Reviewed/
Approved
By:
we
nda
serman
Assistant
City
Manager
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
March 15, 2022, Item #8
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
WELCOME
TO
POWAY
SIGN
REPLACEMENT
This
Contract
made
and
entered
into
this
16th
day
of
March
2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
Tri-Group
Construction
and
Development,
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
2. 3. 4. 3
of
10 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,
The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if
required
by
all.
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:
This
project
includes
the
demolition
and
replacement
of
7 existing
monument
signs
in
various
locations
throughout
the
City
of
Poway
. These
signs
will
be
installed
in
the
public
right-of-way
either
behind
the
curb
or
in
the
center
medians.
The
successful
Contractor
will
provide
shop
drawings
and
submit
for
Building
Permits
prior
to
the
fabrication
and
installation
of
the
signs
.
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.
ATTACHMENT
A
1 March 15, 2022, Item #8
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
$33,750.00
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
75 Working
Days
after
the date
specified
in
the
Notice
to
Proceed.
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:
$500
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.
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
4 of
10 2
March 15, 2022, Item #8
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
of
5 of
10 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.
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
3 March 15, 2022, Item #8
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
VII,
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. 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
6 of
10 City.
4 March 15, 2022, Item #8
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,
18. 19.
7 of
10 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
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.
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.
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.
5 March 15, 2022, Item #8
20. 21. 22. 23. 24. 25. 26. 27. 28. 8
of
10 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.
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.
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. 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. 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.
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
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.
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. 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.
Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
6 March 15, 2022, Item #8
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.
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.
9 of
10 (Remainder
of
page
intentionally
left
blank)
7 March 15, 2022, Item #8
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:
Print Name of Construction Company
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
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
10 of 10
END OF SECTION
8 March 15, 2022, Item #8
--\\ ··'1F
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"'
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 15, 2022
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Approval of Amendment to Employment Agreement for the City Manager The City Council conducted its annual performance evaluation of the City Manager, Christopher Hazeltine, wherein the City Council determined that the City Manager has exceeded its expectations.
Based on this positive evaluation, the City Council desires to amend the City Manager Employment Agreement to increase the City Manager's compensation.
Recommended Action:
It is recommended that the City Council authorize the Mayor to execute the Third Amendment to the City Manager Employment Agreement (Attachment A) between the City of Poway and Christopher Hazeltine.
Discussion:
Christopher Hazeltine has served as City Manager since May 6, 2019. Per the terms of the City Manager Employment Agreement (Attachment B}, the City Council is required to conduct an evaluation of the City Manager's performance every year, where it may consider performance-based salary adjustments.
The City Council conducted its performance evaluation on March 1, 2022, and determined that the City Manager is entitled to increased compensation based upon his positive performance. The Third Amendment would increase the City Manager's base salary from $247,250 to $271,975 (an increase of 10%) and increase deferred compensation to the maximum permitted by law. The City Manager's salary has not been adjusted since December 3, 2019. Copies of the prior two amendments are available on the City's website under Salaries & Benefits. 1 of 21
March 15, 2022, Item #9
Environmental
Review:
This
item
is
not
subject
to
CEQA
review.
Fiscal
Impact:
The
total
ongoing
cost
of
the
$24,725
base
salary
increase,
including
benefits,
as
well
as
the
increased
deferred
compensation,
is
approximately
$32,300.
Sufficient
funds
are
available
for
this
amendment.
Costs
for
Fiscal
Year
2022-23
will
be
included
as
part
of
the
operating
budget
request
for
Council's
consideration
in
June.
Public
Notification:
None. Attachments: A.
Third
Amendment
to
City
Manager
Agreement
B.
City
Manager
Chris
Hazeltine
Employment
Agreement
Reviewed/Approved
By:
Assistant
City
Manager
2 of21
Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Chris
Hazeltine
City
Manager
March 15, 2022, Item #9
THIRD
AMENDMENT
TO
CITY
MANAGER
EMPLOYMENT
AGREEMENT
THIS
THIRD
AMENDMENT
TO
CITY
MANAGER
EMPLOYMENT
AGREEMENT
("Third
Amendment")
is
made
and
entered
into
effective
this
15th
day
of
March,
2022,
by
and
between
the
City
of
Poway,
a
municipal
corporation
("City"),
and
Christopher
Hazeltine,
an
individual
("City
Manager").
RECITALS
1. City
and
City
Manager
entered
into
that
certain
"CITY
MANAGER
EMPLOYMENT
AGREEMENT,"
dated
April
2,
2019
and
effective
May
6,
2019
(the
"Agreement"),
by
which
City
and
the
City
Manager
established
the
terms, conditions,
compensation
and
other
benefits
for
the
City
Manager's
employment
by
the
City.
2. City
and
City
Manager
entered
into
that
certain
First
Amendment
to
the
Agreement
("First
Amendment"),
effective
December
3,
2019,
and
that
certain
Second
Amendment
to
the
Agreement
("Second
Amendment"),
effective
March
16,
2021.
3. The
Agreement
requires
the
City
Council
to
conduct
a
yearly
evaluation
of
the
City
Manager's
performance,
where
it
may
consider
adjustments
to
the
Agreement.
4. On
March
1,
2022,
the
City
Council
conducted
the
performance
evaluation
contemplated
by
the
Agreement,
where
the
City
Council
determined
that
the
City
Manager
has
exceeded
the
City
Council's
expectations
and
goals.
5. The
City
Council
and
City
Manager
desire
to
enter
into
this
Third
Amendment
to
reflect
the
City
Manager's
positive
performance.
NOW,
THEREFORE,
IT
IS
HEREBY
AGREED
AS
FOLLOWS:
Section
1. Section
2. Section
4(A)(1
)(a)
is
hereby
amended
to
replace
"$247,250"
with
"$271,975".
Section
5(A)(3)(a)
is
hereby
replaced
in
its
entirety
to
read:
(a)
Section
457
Plan
The
City
will
make,
in
equal
proportionate
amounts
each
pay
period, a
pro
rated
total
annual
contribution
into
a
qualified
Section
457
Plan
from
one
of
the
City
approved
plans
as
selected
by
the
City
Manager,
in
the
maximum
amount
permitted
by
applicable
law
(i.e.,
the
Internal
Revenue
Service Code)
for
each
calendar
year,
including
the
age
50 or
older
"catch
up"
contribution
limit.
For
2022,
this
amount
shall
be
$27,000,
and
will
automatically
increase
each
year
in
the
amount
permitted
by
law
without
the
need
to
amend
the
Agreement.
Amounts
contributed
under
this
section
shall
be
to
the
benefit
of
the
City
Manager
in
accordance
with
the
Deferred
Compensation
Plan
participation
agreement.
Section
3. Except
as
otherwise
amended
by
this
Second
Amendment,
all
other
terms
and
conditions
of
the
Agreement
and
First
Amendment
shall
remain
in
full
force
and
effect.
[Signatures
on
Following
Page]
3 of
21 ATTACHMENT
A
March 15, 2022, Item #9
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed the day and year first above written.
CITY OF POWAY CITY MANAGER
By ______________ _ By _____________ _
Steve Vaus, Mayor Christopher Hazeltine
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
Alan Fenstermacher, City Attorney
4 of 21
March 15, 2022, Item #9
CITY
MANAGER
EMPLOYMENT
AGREEMENT
Between
the
City
of
Poway,
a Municipal
Corporation,
and
Christopher
Hazeltine
1. Parties
and
Date
This
Agreement
is
dated
April
2,
2019,
and
is
effective
as
of
May
6,
2019,
by
and
between
the
City
of
Poway,
California,
a municipal
corporation
(the
"City"), and
Christopher
Hazeltine,
an
individual
(the
"City
Manager").
A.
The
City
requires
the
services
of
a City
Manager.
B.
The
City
Manager
has
the
necessary
education,
experience,
skills
and
expertise
to
serve as
the
City's
City
Manager;
C.
The
City
Council
of
the
City
(the
"City
Council")
desires
to
employ
the
City
Manager
to
serve
as
the
City
Manager
of
City;
D.
The
Parties
desire
to
execute
this
Agreement
pursuant
to
the
authority
of
and
subject
to
the
provisions
of
Government
Code
Section
53260
et
seq.,·
and
E.
In
consideration
of
these
Recitals
and
the
performance
by
the
Parties
of
the
promises,
covenants,
and
conditions
herein
contained,
the
Parties
agree
as
provided
in
this
Agreement. 2.
Employment The
City
hereby
employs
the
City
Manager
as
its
City
Manager,
and
the
City
Manager
hereby
accepts
such
employment.
3. Commitments
and
Understandings
A.
The
City
Manager's
Commitments
(I)
Duties
&
Authority
(a)
The
City
Manager
shall
be
the
Chief
Executive
Officer
of
the
City
and
be
responsible to
the
City
Council
for
the
proper
administration
of
all
affairs
of
the
City.
(b)
The
City
Manager
shall
perform
all
of
the
duties
of
the
City
Manager
as
set
forth
in
Section
2.08.070
of
the
Poway
Municipal
Code
(the
"Municipal
Code"),
the
California
Government
Code,
and
City
policies
and
procedures
approved
by
the
City
Council,
as
may
be
provided
from
time
to
time.
(c)
The
City
Council
has
designated
and
may
also
designate
the
City
Manager
as
the
chief
executive
of
other
City-related
legal
entities.
Such
other
legal
entities
include
the
Poway
Housing
Authority;
the
City
in
its
capacity
of
successor
agency
to
the
former
5 of
21 ATTACHMENT
B
March 15, 2022, Item #9
Redevelopment
Agency
of
the
City
of
Poway;
the
City's
financing
authority;
and
its
joint
powers
authorities.
( d)
To
accomplish
this,
the
City
Manager
shall
have
the
power
and
be
required
to:
(i)
Attend
all
meetings
of
the
City
Council,
unless excused
by
the
Mayor,
and
take
part
in
the
discussion
of
all
matters
before
the
City
Council.
(ii)
Review
all
agenda
documents
before
preparing
the
agenda
for
any
regular
or
special
meetings
of
the
City
Council.
(iii)
Direct
the
work
of
all
appointive
City
officers
and
departments
that
are
the
concern
and
responsibility
of
the
City
Council,
except
those
that
are
directly
appointed
by
or
report
directly
to
the
City
Council.
The
City
Manager
may
undertake
any
study
or
investigation
that
is
necessary
or
desirable,
or
as
directed
by
the
City
Council.
The
City
Manager
shall
endeavor
to
implement
changes
that
the
City
Manager
believes
will
result
in
greater
efficiency,
economy,
or
improved
public
service
in
the
administration
of
City
affairs.
(iv)
Recommend
to
the
City
Council
adoption
of
such
measures
as
the
City
Manager
may
deem
necessary
or
expedient
for
the
health,
safety,
or
welfare
of
the
community
or
for
the
improvement
of
administrative
services.
(v)
Consolidate
or
combine
offices,
positions,
departments,
or
units
under
the
City
Manager's
jurisdiction.
The
City
Manager
may
be
the
head
of
one
or
more
City
departments.
(vi)
Conduct
research
in
administrative
practices
in
order
to
bring
about
greater
efficiency
and
economy
in
City
government
and
develop
and
recommend
to
the
City
Council
long-range
plans
to
improve
City
operations
and
prepare
for
future
City
growth
and
development.
(vii)
Provide
management
training
and
develop
leadership
qualities
among
department
heads
and
staff
as
necessary
to
build
a City
management
team
that
can
plan
for
and
meet
future
challenges.
(viii)
Exercise
control
of
City
government
m
emergencies
as
authorized
by
the
Municipal
Code
and
California
law.
(2)
Hours
of
Work
(a)
The
City
Manager
is
an
exempt
employee
without
set
hours
of
work
but
is
expected
to
be
available
at
all
times
and
to
engage
in
those
hours
of
work
that
are
necessary
to
fulfill
the
obligations
of
the
City
Manager's
position.
(b)
The
City
Manager
shall
spend
sufficient
hours
on
site
to
perform
the
City
Manager's
duties;
however,
the
City
Manager
has
discretion
over
the
City
Manager's
work
schedule
and
work
location.
6 of21
2 March 15, 2022, Item #9
(3)
Disability
or
inability
to
perfonn
In
the
event
the
City
Manager
becomes
mentally
or
physically
incapable
of
performing
the
City
Manager's
functions
and
duties
with
reasonable
accommodation,
the
City
Council
may
apply
for
disability
retirement
of
the
City
Manager,
pursuant
to
California
Government
Code
section
21153
and
any
other
applicable
provisions
of
law.
B.
City
Commitments
(1)
The City
shall
provide
the
City
Manager
with
the
compensation,
incentives
and
benefits,
specified
elsewhere
in
this
Agreement.
(2)
The
City
shall
provide
the
City
Manager
with
office
space,
staff,
equipment,
supplies,
automobile
allowance,
and
all
other
facilities
and
services
adequate
for
the
performance
of
the
City
Manager's
duties.
(3)
The
City
shall
pay
for
or
provide
the
City
Manager
reimbursement
for
all
actual
business
expenses.
The
City
shall
provide
the
City
Manager
a
credit
card
to
charge
appropriate
and
lawful
business
expenses.
(4)
The
City
agrees
to
pay
the
professional
dues
and
subscriptions
on
behalf
of
the
City
Manager
for
participation
in
national,
regional,
state,
or
local
associations
and
organizations,
as
necessary
and
desirable
for
the
good
of
the
City,
and
for
the
City
Manager's
continued
professional
participation
and
advancement.
(5)
The
City
agrees
to
pay
the
travel
and
subsistence
expenses
of
the
City
Manager
for
purposes
such
as
official
functions,
meetingst
occasions,
short
coursest
institutes
and
seminars
that
are
necessary
for
the
good
of
the
City
or
for
the
professional
development
of
the
City
Manager.
(6)
by
City
policy.
The
City
shall
provide
a monthly
cell
phone
allowance
of$75
as
established
C.
City
Council
Commitments
( 1)
The
City
Council
sets
policy
for
the
governance
and
administration
of
the
City,
and
it
implements
its
policies
through
the
City
Manager.
(2)
Except
for
the
purpose
of
inquiry,
the
City
Council
and
its
members
shall
deal
with
all
subordinate
City
employees,
officers,
contractors,
and
consultants
solely
through
the
City
Manager
or
the
City
Manager's
designee,
and
neither
the
City
Council
nor
any
member
thereof
shall
give
orders
to
any
subordinate
of
the
City
Manager,
either
publicly
or
privately.
(3)
The
City
Council
agrees
none
of
its
individual
members
will
order
the
appointment
or
removal
of
any
person
to
any
office
or
employment
under
the
supervision
and
control
of
the
City
Manager.
7 of21
3 March 15, 2022, Item #9
( 4)
The
City
Council
agrees
that
any
criticism
of
a City
staff
member
shall
be
done
privately
through
the
City
Manager.
(5)
Neither
the
City
Council
nor
any
of
its
members
shall
interfere
with
the
execution
of
the
powers
and
duties
of
the
City
Manager.
The
City
Manager
shall
take
orders
and
instructions
from
the
City
Council
only
when
it
is
sitting
as
a body
in
a lawfully
held
meeting.
D.
Mutual
Commitments
( 1)
Performance
Evaluation
(a)
The
City
Council
recognizes
that
for
the
City
Manager
to
respond
to
its
needs
and
to
grow
in
the
performance
of
the
City
Manager's
job,
the
City
Manager
needs
to
know
how
the
City
Council
members
evaluate
the
City
Manager's
performance.
To
assure
that
the
City
Manager
gets
this
feedback,
the
City
Council
shall
conduct
an
evaluation
of
the
City
Manager's
performance
after
6 months
of
employment
and
then
annually
thereafter
within
45 days
of
the
anniversary
date
of
the
City
Manager's
employment,
and/or
when
it
deems
necessary
to
discuss
any
concerns
or
direction
in
performance.
At
the
time
of
evaluation,
the
City
Council
may
consider
performance-based
salary
adjustments.
(b)
The
City
Council
and
City
Manager
shall
jointly
define
goals
and
performance
objectives
which
they
deem
necessary
for
the
proper
operation
of
the
City
in
the
attainment
of
the
City
Council's
policy
objectives
and
shall
establish
the
relative
priority
among
the
various
goals
and
objectives.
(2)
ICMA
Code
of
Ethics
(a)
The
Parties
acknowledge
that
the
City
Manager
is
committed
to
the
ideals
of
the International
City/County
Management
Association
("ICMA").
The
Parties
mutually
desire
that
the
City
Manager
be
subject
to
and
comply
with
the
ICMA
Code
of
Ethics.
(b)
The
City
Manager
commits
to
comply
with
the
ICMA
Code
of
Ethics.
(c)
The
City
and
the
City
Council
agree
that
neither
the
City
Council
nor
any
of
its
members
will
give
the
City
Manager
any
order,
direction,
or
request
that
would
require
the
City
Manager
to
violate
the
ICMA
Code
of
Ethics.
4. COMPENSATION The
City
agrees
to
provide
the
following
compensation
to
the
City
Manager
during
the
term
of
the
agreement:
8 of21
4 March 15, 2022, Item #9
A.
Compensation
&
Required
Employer
Costs
( 1)
Base
Salary
(a)
The
annual
base
salary
for
the
position
of
City
Manager
shall
be
$230,000.
Commencing
November
7,
2019,
this
salary
will
be
increased
at
the
same
time
and
amount
as
that
of
other
Poway
management
employees in
the
Management/Confidential
Group
I.
The
salary
of
the
City
Manager
shall
be
at
a similar
market
position
as
Poway
department
directors
and
other
management
staff. (b)
The
City
Manager
shall
be
paid
at
the
same
intervals
and
in
the
same
manner
as
regular
City
employees;
in
the
event
that
there
are
more
than
twenty-six pay
periods in
a
calendar
year
the
periodic
payments
shall
be
adjusted
accordingly
so
that
the
salary
shall
not
exceed
any
amount
approved
by
the
City
Council.
( c)
The
City shall
not
at
any
time
during
the
term
of
this
Agreement
reduce
the
base
salary,
compensation
or
other
financial
benefits
of
the
City
Manager,
unless
as
part
of
a general
City
management
salary
reduction,
and
then
in
no
greater
percentage
than
the
average
reduction
of
all
City
department
heads.
(2)
Required
Employer
Costs
(a)
Federal
Insurance
Contributions
Act
(FICA)
(if
applicable),
including
Medicare.
(b)
Unemployment
Compensation.
( c)
Public
Employees
Retirement
System
(PERS)
The
City
contracts
with
the
California
Public
Employees'
Retirement
System
for
retirement
benefits.
The
City
will
pay
the
City's
share,
and
the
City
Manager
shall
pay
the
employee's
share
(e
.g.,
7%),
for
participation
in
PERS
as
a
Tier
2 classic
member.
( d)
The
cost
of
any
fidelity
or
other
bonds
required
by
law
for
the
City
Manager.
( e)
The
cost
to
defend
and
indemnify
the
City
Manager
as
provided
in
Section
7(F)
below.
( f)
Workers'
Compensation.
B.
Basic
Benefits
(1)
Holidays
The
City
Manager
is
entitled
to
those
paid
holidays
in
accordance
with
the
provisions
of
the
Salary
and
Benefit Plan
for
the
Management
Confidential
Group
I.
9 of21
5 March 15, 2022, Item #9
(2)
Leave
Allowance
The
City
Manager
shall
receive
the
same
vacation,
executive
and
sick
leave
accrual
and
benefits
as
provided
to
the
Group
1 Management
class
of
City
employees,
based
on
tenure
commencing
with
an
accrual
rate
of
199.21
vacation
hours
per
year,
up
to
a maximum
of
200%
of
one
year's
eligibility,
commensurate
with
his
years
of
service
in
local
government.
The
City
Manager
shall
be
paid
for
any
unused
accrued
vacation
upon
either
voluntary
or
involuntary
tennination
of
employment.
Upon
the
effective
date
of
this
agreement,
the
City
Manager
shall
be
granted a
vacation
balance
of
40 hours.
(3)
Automobile
The
City
Manager
shall
be
provided
a monthly
automobile
allowance
of
$633.33
($7,600
annually)
in
exchange
for
making
a vehicle
available
for
the
City
Manager's
own
use
and
for
City
related
business
and/or
functions
during,
before
and
after
normal
work
hours.
The
City
Manager
is
not
precluded
from
using
City
vehicles
for
City
business
during,
before,
and
after
the
normal
workday
on
occasion,
when
appropriate.
(4)
Benefits
that Accrue
to
Other
Employees
The
City
Manager
shall
be
entitled
to
all
benefits,
rights,
and
privileges
accorded
to
non
public
safety
City
Department
Directors
except
as
otherwise
provided
in
this
Agreement.
If
there
is
any
conflict
between
this
Agreement
and any
resolution
fixing
compensation
and
benefits
for
non--
public
safety
City
Executive
Management
employees
or
other
non--
classified
employees,
this
Agreement
shall
control.
5. SECURITY A.
Pensions ( 1)
Public
Employees
Retirement
System
(PERS)
For
the
purposes
of
PERS
reporting,
the
City
shall
incorporate
into
the
reported
base
pay
as
compensation
eamable,
but
only
to
the
extent,
if
any,
that
PERS
will
consider
it
to
be
compensation
eamable,
the
Section
4.A(l)
base
pay.
City
Manager
is
a Tier
2 classic
member
of
CalPERS
("PERS"),
and
as
such,
City
Manager
is
obligated
to
contribute
to
PERS
at
the
same
level
as
all
other
classic
PERS
members
in
the
City's
Management/Confidential
Group
1,
which
is
currently
8%
of
base
salary.
(2)
Pre-Retirement
Optional
Settlement
2W
Death
Benefit
This
benefit
will
be
provided
by
the
City.
10 of
21 6
March 15, 2022, Item #9
(3)
Deferred
Compensation
(a)
Section
457
Plan
The
City
will
make,
in
equal
proportionate
amounts
each
pay
period,
a
pro-rated
total
annual
contribution
of
$20,000
into
a qualified
Section
457
Plan
from
one
of
the
City
approved
plans
as
selected
by
the
City
Manager,
$19,000
of
which
shall
be
pursuant
to
the
generally
applicable annual
limit,
and
the
remaining
$1,000
as
an
age
50 or
older
"catch
up"
contribution.
Amounts
contributed
under
this
section
shall
be
to
the
benefit
of
the
City
Manager
in
accordance
with
the
Deferred
Compensation
Plan
participation
agreement.
(b)
Internal
Revenue
Code
Compliance
All
provisions
of
this
Section
5(A)
are
subject
to
the
provisions
and
limitations
of
the
Internal
Revenue
Code
and
its
related
regulations
as
amended
from
time
to
time.
No
requirement
of
any
provision
of
this
Section
S(A)
shall
be
effective
if
it
would
violate
any
provision
of
the
Internal
Revenue
Code
or
its
related
regulations.
B.
Insurance (1)
Disability
Insurance
Short
and
Long-Term
Insurance
is
provided.
6. SEPARATION A.
Resignation/Retirement
The
City
Manager
may
resign
at
any
time
and
agrees
to
give
the
City
at
least
45 days'
advance
written
notice
of
the
effective
date
of
the
City
Manager's
resignation,
unless
the
Parties
otherwise
agree
in
writing.
If
the
City
Manager
retires
from
full
time
public
service
with
the
City,
the
City
Manager
may
provide
six
months'
advance
notice.
The
City
Manager's
actual
retirement
date
will
be
mutually
established.
B.
Termination
&
Removal
(1)
Manager
is
an
at-will
employee
serving
at
the
pleasure
of
the
City
Council
as
provided
in
Government
Code
Section
36506.
(2)
The
City
Council
may
remove
the
City
Manager
at
any
time,
either
with
or
without
cause,
by
a majority
vote
of
its
members
at
a noticed
and
conducted
meeting
of
the
City
Council.
Notice
of
termination
shall
be
provided
to
the
City
Manager
in
writing.
The
City
Council
may
also
elect
not
to
renew
this
Agreement.
Notice
of
nonrenewal
shall
also
be
provided
to
the
City
Manager
in
writing.
The
City
Council
understands
that
termination
or
nonrenewal
of
employment
without
cause
could
result
in
an
adverse
financial
impact
not
completely
mitigated
by
any
severance
compensation
as
provided
in
this
Agreement.
Therefore,
the
City
Council
agrees
that
if
termination
or
nonrenewal
is
made
without
cause
it
shall
provide
not
less
than
180
days'
notice
of
termination
or
nonrenewal
to
the
City
Manager.
If
the
City
Manager
resigns
after
11 of
21 7
March 15, 2022, Item #9
receiving
notice
of
termination,
the
resignation
shall
be
considered
"involuntary"
as
described
in
Section
6(0)
of
this
Agreement.
Termination
as
used
in
this
section
shall
also
include
a request
that
the
City
Manager
resign,
a reduction
in
salary
or
other
financial
benefits
of
the
City
Manager
( excluding
a general
City
Management
salary
reduction),
a material
reduction
in
the
powers
and
authority
of
the
City
Manager,
or
the
elimination
of
the
City
Manager's
position.
Any
such
notice
of
termination
or
act
constituting
termination
shall
be
given
at
or
effectuated
at
a duly
noticed
and
conducted
meeting
of
the
City
Council.
(3)
As
provided
in
Municipal
Code
Section
2.08.090,
the
City
Manager
shall
not
be
terminated
during
the
90-day
period
following
any
City
election
for
membership
on
the
City
Council.
C.
Severance
Pay
(1)
In
the
event
the
City
Manager
is
terminated
by
the
City
Council
during
such
time
that
the
City
Manager
is
willing
and
able
to
perform
the
City
Manager's
duties
under
this
Agreement,
and
the
City
Manager
signs,
deliyers
to
the
City
Council
and
does
not
revoke,
the
General
Release
Agreement
in
the
form
attached
hereto
as
Exhibit
A
(the
"Release"),
the
City
shall
pay
the
City
Manager
a
lump
sum
cash
payment
equal
to
the
lesser
of
( a)
the
actual
number
of
months'
salary
remaining
on
the
current
term
of
employment
and
the
cash
equivalent
of
health
(medical,
dental
and
vision)
benefits
for
that
same
period,
or
(b)
twelve
(12)
months'
base
salary
and
cash
equivalent
of
health
(medical,
dental
and
vision)
benefits
then
in
effect
as
provided
in
Section
4(A)
above.
Such
severance
compensation
is
expressly
contingent
on
the
execution,
delivery,
and
non-revocation
of
the
Release.
It
is
the
intention
of
the
parties
that
this
paragraph
complies
with
the
requirements
of
Government
Code
Section
53260
et
seq.
In
the
event
of
any
conflict
between
this
provision
and
those
code
sections,
· the
terms
of
those
code
sections
shall
govern
the
contractual
relationship
between
the
employer
and
employee.
(2)
In
addition,
the
City
shall
extend
to
the
City
Manager
the
right
to
continue
health
insurance
as
may
be
required
by
and
pursuant
to
the
terms
and
conditions
of
the
Consolidated
Omnibus
Budget
Reconciliation
Act
of
1986
(COBRA).
(3)
In
the
event
the
City
refuses,
following
written
notice
of
non-compliance,
to
comply
with
any
provision
in
this
Employment
Agreement
benefiting
the
City
Manager,
or
the
City
Manager
resigns
following
a suggestion,
whether
formal
or
informal,
by
a majority
of
the
City
Council
that
the
City
Manager
resign,
then,
in
that
event,
the
City
Manager
may,
at
the
City
Manager's
option,
be
deemed
to
be
"terminated''
as
of
the
date
of
such
refusal
to
comply
or
suggestion
to
resign
and
this
severance
pay
provision
shall
be
actuated.
( 4)
All
payments
required
under
this
Section
6 are
subject
to
and
shall
be
interpreted
to
comply
with
the
limitations
set
forth
in
Government
Code
Section
53260.
(5)
This
section
does
not
apply
to
the
decision
of
the
City
Council
not
to
renew
the
City
Manager's
term
upon
its
expiration.
12 of
21 8
March 15, 2022, Item #9
D.
Involuntary
Resignation
( 1)
In
the
event
that
the
City
Council
formally
or
a majority
of
the
City
Council
informally
asks
the
City
Manager
to
resign,
then
the
City
Manager
shall
be
entitled
to
resign
and
still
receive
the
severance
benefits provided
in
Section
6(C)
above.
(2)
The
City
Manager
has
relied
upon
the
provisions
of
the
Municipal
Code
upon
entering
into
this
Agreement,
as
it
pertains
to
the
City
Manager's
role,
powers,
duties,
authority,
responsibilities,
compensation,
and
benefits.
In
the
event
the
City
Council
adds,
deletes
or
amends
the
Municipal
Code
without
the
consent
of
the
City
Manager,
and
such
addition,
deletion
or
amendment
is
inconsistent
with
the
terms
of
this
Agreement
and
the
City
Manager~s
role,
powers,
duties,
authority,
responsibilities,
compensation
and
benefits
as
currently
provided,
then
the
City
Manager
shall
have
the
right,
at
the
City
Manager's
sole
option,
to
give
the
City
Council
notice
that
such
amendment(s)
constitute
a
request
by
the
City
Council
for
the
City
Manager's
involuntary
resignation.
(3)
Upon
receipt
of
such
notice
the
City
Council
shall
have
thirty
days
in
which
to
do
one
of
the
following:
(a)
rescind
the
amendment(s);
(b)
renegotiate
this
Agreement
to
the
City
Manager's
satisfaction;
(c)
confirm
that
the
City
Manager
is
being
asked
to
involuntarily
resign;
or
(d)
take
no
action.
In
the
event
that
either
(c)
or
(d)
occurs,
or
the
City
is
unable
to
accomplish
(b
),
then
the
City
Manager
is
entitled
to
resign
and
still
receive
the
severance
benefits
provided
in
Section
6(C)
above.
E.
Separation
for
Cause
(1)
Notwithstanding
the
provisions
of
Section
6(C),
the
City
Manager
may
be
terminated
for
cause.
As
used
in
this
section,
"cause"
shall
mean
only
one
or
more
the
following:
(a)
Conviction
of,
or
no
contest
plea
to,
a felony;
(b)
Conviction of,
or
no
contest
plea
to, any
illegal
act
involving
moral
turpitude
or
personal
gain; ( c)
Continued
abuse
of
non-prescription
drugs
or
alcohol
that
materially
affects
the performance
of
the
Manager's
duties;
( d)
Any
act
constituting
a
knowing
and
intentional
violation
of
the
City's
conflict
of
interest
code;
or
( e)
Repeated
and
protracted
unexcused
absences
from
the
City
Manager's
office
and
duties;
(2)
In
the
event
the
City
terminates
the
City
Manager
for
cause,
then
the
City
may
terminate
this
Agreement
immediately,
and
the
City
Manager
shall
be
entitled
to
only
the
compensation
accrued
up
to
the
date
of
termination,
payments
required
by
Section
6(F)
below,
and
such
other
termination
of
benefits
and
payments
as
may
be
required
by
law.
The
City
Manager
shall
not
be
entitled
to
any
severance
benefits
provided
by
Section
6(C)
.
13 of
21 9
March 15, 2022, Item #9
(3)
If
the
City
Manager
is
terminated
for
cause,
and
"cause"
meets
the
definition
of
"abuse
of
office
or
position,"
as
defined
in
Government
Code
section
53243.4,
the
provisions
of
Government
Code
sections
53243
through
53243.4
shall
apply
and
prevail
over
any
contrary
terms
and
conditions
of
this
Agreement.
F.
Payment
for
Unused
Leave
Balance
(I)
On
separation
from
City
employment,
the
City
Manager
shall
be
paid
for
unused
accrued
leave
allowances
provided
in
Section
4(B)(2)
above
in
accordance
with
the
current
salary
and
benefits
plan
for
Management/Confidential
Group
l employees.
Accumulated
leave
balances
shall
be
paid
at
the
City
Manager's
monthly
base
salary
rate
at
the
effective
date
of
separation.
(2)
In
the
event
the
City
Manager
dies
while
employed
by
the
City
under
this
Agreement,
the
City
Manager's
beneficiaries
or
those
entitled
to
the
City
Manager's
estate,
shall
be
entitled
to
the
City
Manager's
earned
salary,
and
any
in-lieu
payments
for
accrued
benefits,
including
compensation
for
the
value
of
all
accrued
leave
balances.
G.
Joint
Statements
of
Separation
In
the
event
ofresignation
or
retirement
of
the
City
Manager,
termination
by
the
City
(with
or
without
cause),
or
other
separation
of
employment
as
described
in
the
Section
6,
the
City
and
the
City
Manager
agree
that
neither
any
member
of
the
City
Council,
or
the
City's
management
staff,
nor
the
City
Manager,
shall
make
any
written,
oral
or
electronic
statement
to
any
member
of
the
public,
the
press,
or
any
City
employee
concerning
the
City
Manager's
termination
or
separation,
except
in
the form
of
a
joint
press
release
or
statement,
the
contents
of
which
is
mutually
agreeable
to
both
the
City
and
the
City
Manager.
The
joint
press
release
or
statement
shall
not
contain
any
text
or
information
that
is
disparaging
to
either
Party.
Either
Party
may
verbally
repeat
the
substance
of
this
Section
6(G),
and
the
joint
press
release
or
statement,
in
response
to
any inquiry.
7. MISCELLANEOUS PROVISIONS A.
Term
The
initial
term
of
this
Agreement
shall
be
for
a period
of
thirty-six
(36)
months
beginning
12:00
a.m.
May
6,
2019
and
continuing
until
12:00
a.m.
May
6,
2022
(the
"initial
Termination
Date").
B.
Subsequent
Terms
Unless
the
City
gives
the
City
Manager
written
notice
of
non-renewal
at
least
180
days
prior
to
the
initial
Termination
Date
or
the
tennination
date
of
any
Renewal
Term
(as
hereinafter
defined)
this
Agreement
may
be
renewed
by
the
parties
for
one
or
more
additional
terms
of
up
to
three
(3)
years
each,
each
renewal
term
to
be
reflected
by
a
written
amendment
signed
by
the
parties.
If
the
parties
cannot
mutually
agree
to
the
tenn
of
any
renewal
this
Agreement
shall
continue
in
effect
for
automatic
renewals
of
one
(I)
year
each
( whether
renewed
by
amendment
or
renewed
by
operation
of
this
Section
each,
a "Renewal
Term").
14 of
21 March 15, 2022, Item #9
C.
Provisions that
Survive
Termination
Many
sections
of
this
Agreement
are
intended
by
their
terms
to
survive
the
City
Manager's
termination
of
employment
with
the
City,
including
but
limited
to
Sections
6 and
7(E).
These
sections,
and
the
others
so
intended,
shall
survive
termination
of
employment
and
termination
of
this
Agreement.
D.
Amendments
This
Agreement
may
be
amended
at
any time
by
mutual
agreement
of
the
City
and
the
City
Manager.
Any
amendments
are
to
be
negotiated,
put in
writing,
and
adopted
by the
City
Council.
E.
Conflict
of
Interest
(1)
The
City
Manager
shall
not
engage
in
any
business
or
transaction
or
have
a
financial
or
other
personal
interest
or
association,
direct
or
indirect,
which
is
in
conflict
with
the
proper
discharge
of
official
duties
or
would
tend
to
impair
independence
of
judgment
or
action
in
the
performance
of
official
duties.
(2)
The
City
Manager
shall
also
be
subject
to
the
conflict
of
interest
provisions
of
the
California
Government
Code
and
any
conflict
of
interest
code
applicable
to
the
City
Manager's
City
employment. (3)
The
City
Manager
is
responsible
for
submitting
to
the
City
Clerk
the
appropriate
Conflict
of
Interest
Statements
at
the
time
of
appointment,
annually
thereafter,
and
at
the
time
of
separation
from
the
position.
F.
Indemnification (1)
To
the
full
extent
of
the
law,
the
City
shall
defend
and
indemnify
the
City
Manager,
in
his
capacity
as
City
Manager,
and
as
the
chief
executive
of
other
City-related
legal
entities
as
provided
in
Section
3(A)(
1 )( c)
above,
against
and
for
all
losses
sustained
by
the
City
Manager
in
direct
consequences
of
the
discharge
of
the
City
Manager's
duties
on
the
City's
behalf
for
the
period
of
the
City
Manager's
employment,
save
and
except
those
losses
sustained
as
a result
of
the
willful
act
or
omission
of
the
City
Manager,
including
any
"abuse
of
office
or
position,"
as
described
in
Section
6(E)(3)
of
this
Agreement.
(2)
The
City
shall
defend,
save
harmless and
indemnify
the
City
Manager
against
any
tort,
professional
liability
claim,
or
demand
or
other
legal
action,
whether
groundless
or
otherwise,
arising
out
of
an
alleged
act
or
omission
occurring
in
the
performance
of
the
City
Manager's
duties
as
City
Manager.
The
City
may
compromise
and
settle
any
such
claim
or
suit
and
pay
the
amount
of
any
settlement
or
judgment
rendered
thereon.
(3)
Whenever
the
City
Manager
shall
be
sued
for
damages
arising
out
of
the
performance
of
the
City
Manager's
duties,
the
City
shall
provide
defense
counsel
for
the
City
Manager
in
such
suit
and
indemnify
the
City
Manager
from
any
judgment
rendered
against
the
City
Manager;
provided
that
such
indemnity
shall
not
extend
to
any
judgment
for
damages
arising
out
of
any
willful
wrongdoing.
This
indemnification
shall
extend
beyond
termination
of
15 of21
11 March 15, 2022, Item #9
employment
and
the
otherwise
expiration
of
this
Agreement
to
provide
protection
for
any
such
acts
undertaken
or
committed
in
the
City
Manager's
capacity
as
City
Manager,
regardless
of
whether
the
notice
of
filing
of
a
lawsuit
occurs
during
or
following
employment
with
the
City.
This
indemnity
provision
shall
survive
the
termination
of
the
Agreement
and
is
in
addition
to
any
other
rights
or
remedies
that
the
City
Manager
may
have
under the
law.
(4)
The
City
and
all
parties
claiming
under
or
through
it,
hereby
waives
all
rights
of
subrogation
and
contribution
against
the
City
Manager,
while
acting
within
the
scope
of
the
City
Manager's
duties
, from
all
claims,
losses
and
liabilities
arising
out
of
or
incident
to
activities
or
operations
performed
by
or
on
behalf
of
the
City
or
any
party
affiliated
with
or
otherwise
claiming
under
or
through
it,
regardless
of
any
prior,
concurrent,
or
subsequent
active
or
passive
negligence
by
the
City
Manager.
G.
Severability
If
any
clause,
sentence,
part,
section,
or
portion
of
this
Agreement
is
found
by
a court
of
competent
jurisdiction
to
be
illegal
or
unenforceable,
such
clause,
sentence,
part,
section,
or
portion
so
found
shall
be
regarded
as
though
it
were
not
part
of
this
Agreement
and
the
remaining
parts
of
this
Agreement
shall
be
fully
binding
and
enforceable
by
the
Parties
hereto.
H.
Laws
Affecting
Title
In
addition
to
those
laws
affecting
a City
Manager,
the
City
Manager
shall
have
the
same
powers,
rights
and
responsibilities
as
a
Chief
Executive
Officer,
City
Administrative
Officer,
Administrator,
and
City
Administrator
as
those
terms
are
used
in
local,
state
or
federal
laws.
I.
Jurisdiction
and
Venue
This
Contract
shall
be
construed
in
accordance
with
the
laws
of
the
State
of
California,
and
the
Parties
agree
that
venue
shall
be
in
San
Diego
County,
California,
notwithstanding
any
conflicting
provisions
of
the
California
Code
of
Civil
Procedure.
J.
Provisions
of
Government
Code
Section
53243.4
(I)
In
the
event
that
the
City
provides
paid
leave
to
City
Manager
pending
an
investigation
of
a crime
involving
abuse
of
his
office
or
position
covered
by
Government
Code
section
53243.4,
and
should
that
investigation
lead
to
either
a
criminal
conviction
or
a civil
or
administrative
penalty
by
the
FPPC
or
any
similarly
authorized
agency,
City
Manager
shall
fully
reimburse the
City
for
any
salary
provided
for
that
purpose.
(2)
In
the
event
that
the
City
provides
funds
for
the
legal
criminal
defense
of
City
Manager
pending
an
investigation
of
a crime
involving
abuse
of
his
office
or
position
covered
by
Government
Code
section
53243.4,
and
should
that
investigation
lead
to
either
a
criminal
conviction
or
a
civil
or
administrative
penalty
by
the
FPPC
or
any
similarly
authorized
agency,
City
Manager
shall
fully
reimburse
the
City
for
any
funds
provided
for
that
purpose.
(3)
In
the
event
that
the
City
provides
City
Manager
with
severance,
or
any
other
type
of
cash
settlement
related
to
the
termination
of
City
Manager,
and
City
Manager
16 of
21 12
March 15, 2022, Item #9
subsequently
is
convicted
of
a
crime,
or
subjected
to
civil
or
administrative
penalties,
resulting
from
abuse
of
his
office
or
position
covered
by
Government
Code
section
53243.4,
City
Manager
shall
fully
reimburse
the
City
for
any
such
severance
or
cash
settlement.
K.
Entire
Agreement
This
Contract
represents
the
entire
agreement
of
the
Parties,
and
no
representations
have
been
made
or
relied
upon
except
as
set
forth
herein.
This
Contract
may
be
amended
or
modified
only
by
a written,
fully
executed
agreement
of
the
Parties.
17 of
21 13
March 15, 2022, Item #9
IN
WITNESS
WHEREOF
the
Parties
have
executed
this
Agreement
as
of
the
day
and
year
first
above
written
.
CITY
OF
POWAY
CITY
MANAGER
Steve
Vaus,
Mayor
ATTEST: Faviol APPROVED
AS
TO
FORM:
Alan
Fenstermacher
, City
Attorney
18 of
21 14
March 15, 2022, Item #9
GENERAL
RELEASE
AGREEMENT
This
General
Release
Agreement
("Release
Agreement")
is
entered
into
by
and
between
CHRISTOPHER
HAZELTINE
("Manager")
and
CITY
OF
POWAY,
a
general
law
city
and
municipal
corporation
("City"),
in
light
of
the
following
facts:
A.
Manager
and
City
have
previously
entered
into
that
certain
City
Manager
Employment
Agreement
Between
the
City
of
Poway,
a Municipal
Corporation,
and
Christopher
Hazeltine,
dated
April
2,
2019
(the
"Employment
Agreement"),
setting
forth
the
terms
and
conditions
of
City's
employment
of
Manager
as
its
City
Manager.
B.
As
part
of
the
consideration
in
the
Employment
Agreement
the
parties
agreed
to
the
terms
and
conditions
of
this
Release
Agreement
in
the
event
that
Manager's
employment
with
City
was
terminated
under
certain
circumstances.
C.
Manager's
employment
with
City
concluded
on_~
D.
Certain
disputes
have
arisen
between
City
and
Manager.
E.
City and
Manager
each
deny
any
liability
whatsoever
to
the
other.
F.
City
and
Manager
wish
to
fully
and
finally
resolve
any
and
all
disputes
they
may
have
with
each
other.
G.
Manager
is
hereby
informed
that
he
has
twenty-one
(21)
days
from
receipt
of
this
Agreement
to
consider
it.
City
hereby
advises
Manager
to
consult
with
his
legal
counsel
before
signing
this
Agreement.
H.
Manager
acknowledges
that
for
a period
of
seven
(7)
days
following
the
signing
of
this
Agreement
("Revocation
Period"),
he
may
revoke
the
Agreement.
This
Agreement
shall
not
become
effective
or
enforceable
until
the
day
the
Revocation
Period
has
expired.
I.
Manager
acknowledges
that
the
Salary
Payment
referenced
in
paragraph
1 of
this
Agreement.represents
all
compensation,
including
salary,
accrued
benefit
balances
and
reimbursed
expenses,
due
and
payable
to
him
through
the
date
of
employment
termination
(the
"Salary
Payment").
Manager
also
acknowledges
that
City
has
made
this
Salary
Payment
without
regard
to
whether
he
signs
this
Agreement.
The
Salary
Payment
does
not constitute
consideration
for
this
Agreement.
FOR
GOOD
AND
VALUABLE
CONSIDERATION,
INCLUDING
THE
COVENANTS
CONTAINED
HEREIN,
MANAGER
AND
CITY
HEREBY
AGREE
AS
FOLLOWS:
1. Receipt
of
Salary
Payment.
Manager
hereby
acknowledges
receipt
of
a
check
or
checks
for
all
compensation
owing
to
him,
including
salary,
accrued
benefit
balances
and
reimbursed
expenses
("Salary
Payment")
from
City.
19 of
21 Exhibit
A
March 15, 2022, Item #9
2. Severance.
Within
seven
(7)
days
following
Manager's
signing
and
delivering
this
Release
Agreement
to
the
City,
and
provided
that
Manager
has
not
revoked
this
Release
Agreement
during
the
Revocation
Period,
City
shall
pay
Manager
the
gross
amount
provided
for
in
Section
6(C)
of
the
Employment
Agreement
(the
"Severance"),
less
applicable
deductions.
Manager
acknowledges
that
the
Severance
is
in
addition
to
all
amounts
earned
by Manager,
and
due
and
owing
him
as
a result
of
his
employment
by
City,
including
the
Salary
Payment.
3. General
Release.
In
consideration
of
the
Severance
to
be
paid
and
provided
to
Manager,
and
other
good
and
valuable
consideration,
Manager
hereby
releases
and
discharges
City
and
its
past
and
present
elected
and
appointed
officers,
officials,
employees,
representatives
and
agents,
from
all
rights,
claims,
causes
of
action,
and
damages,
both
known
and
unknown,
in
law
or
in
equity,
concerning
and/or
arising
out
of
his
employment
by
City which
he
now
has,
or
ever
had,
including
but
not
limited
to
any
rights,
claims,
causes
of
action
or
damages
arising
under
Title
VII
of
the
Civil
Rights
Act
of
1964,
the
Vocational
Rehabilitation
Act
of
1973,
the
Employee
Retirement
Income
Security
Act,
the
Americans
with
Disabilities
Act,
the
Age
Discrimination
in
Employment
Act,
the
Older
Workers
Benefits
Protection
Act,
the
Family
and
Medical
Leave
Act
of
1993,
the
Domestic
Partners
Act
of
2003,
the
California
Labor
Code,
the
Private
Attorneys
General
Act
of
2004,
the
California
Moore-Brown-Robert
Family
Rights
Act,
the
California
Unruh
Civil
Rights
Act,
the
California
Fair
Employment
and
Housing
Act,
any
other
federal,
state,
or
local
employment
practice
legislation,
or
any
federal
or
state
common
law,
including
wrongful
discharge,
breach
of
express
or
implied
contract,
or
breach
of
public
policy.
Manager
hereby
waives
and
relinquishes
all
rights
and
benefits
afforded
by
section
1542
of
the
Civil
Code
of
California.
Manager
understands
and
acknowledges
the
significance
and
consequences
of
this
specific
waiver
of
section
1542.
Section
1542
of
the
Civil
Code
of
California
states
as
follows:
~-A
general
release
does
not
extend
to
claims
which
the
creditor
does
not
know
or
suspect
to
exist
in
his
or
her
favor
at
the
time
of
executing
the
release,
which
if
known
by
him
or
her
must
have
materially
affected
his
or
her
settlement
with
the
debtor."
Notwithstanding
the
provisions
of
section
1542,
and
for
the
purpose
of
implementing
a full
and
complete
release
and
discharge
of
City
and
its
past
and
present
elected
and
appointed
officers,
officials,
employees,
representatives
and
agents,
Manager
expressly
acknowledges
that
this
General
Release
is
intended
to
include
in
its
effect,
without
limitation,
all
claims
which
he
does
not
know
or
suspect
to
exist
in
his
favor.
Manager
further
acknowledges
that
he
has
read
this
General
Release
and
that
he
understands
that
this
is
a general
release,
and
that
he
intends
to
be
legally
bound
by
the
same.
20 of
21 Exhibit
A
March 15, 2022, Item #9
4. Fees
and
Costs.
Manager
and
City
agree
that
in
the
event
of
litigation
relating
to
this
Release
Agreement,
the
prevailing
party
shall
be
entit1ed
to
recover
his/its
reasonable
attorneys'
fees
and
costs.
Dated:
April
2,
2019
CITY
OF
POWAY
CITY
MANAGER
Steve
Vaus,
Mayor
ATTEST: APPROVED
AS
TO
FORM:
Alan
Fenstermacher,
City
Attorney
Exhibit
A
21 of
21 March 15, 2022, Item #9
March 15, 2022, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
March 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M,
Tracy Beach, Senior Civil Engineer ~
(858) 668-4652 or [email protected]
CITY COUNCIL
Approval of Final Map for Tentative Tract Map 17-005 (Hidden Valley Ranch Subdivision); Barbara Malone, Applicant. (APNs: 277-070-34-00, 277-240-01-00 thru 277-240-18-00 and 277-241-01-00 thru 277-241-17-00)
The Tract Map for the Hidden Valley Ranch Subdivision, Tentative Tract Map (TTM) 17-005, is ready for approval. This map subdivides 420 acres of land and creates 41 separate single-family residential lots, several open space lots, and two private street lettered lots.
Recommended Action:
It is recommended that the City Council approve the Tract Map for TTM 17-005 and direct its recordation.
Discussion:
The Hidden Valley Ranch Subdivision (TTM 17-005) is located on an approximate 420-acre site located on the east side of Old Coach Road, north of and adjacent to the Blue Sky Ecological Reserve. The project site is shown on the location map included as Attachment A.
TTM 17-005 was approved by the City Council on July 20, 2021, pursuant to Resolution No. 21-058 (Attachment B). The Tract Map, as shown in Attachment C, is found to be in substantial conformance (per the Subdivision Map Act) with the approved TTM. All the conditions of approval required prior to recordation of the final map have been addressed.
Environmental Review:
An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the approval of the Hidden Valley Ranch (HVR) project and was certified on November 18, 2003 (State Clearing House #2001121009). The EIR analyzed the potential impacts of the HVR Specific Plan and subdivision. This final tract map approval is covered under the previously 1 of 32
March 15, 2022, Item #10
certified EIR and pursuant to Section 15162 of the 2022 California Environmental Quality Act (CEQA) Guidelines, no subsequent environmental review is required.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Location Map
B. Resolution No. 21-058
C. Tract Map
Reviewed/ Approved By:
L.-----
erman
ity Manager
2 of32
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
March 15, 2022, Item #10
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Print Date:
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City Of Poway
Zoning/ Location Map:
TTM17-005
OS-RM
Disc la mer: Map and parcel data are beieved to be accurate, but accuracy is not ,;iuaranteed. This is not a leg al document and should not be substttuted for a title search, appraisal, survey, or for zoning verifcation. :I:
I
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·•--·---
Map Scale:
1: 15,840
March 15, 2022, Item #10
RESOLUTION
NO.
21-058
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
APPROVING
TENTATIVE
TRACT
MAP
17-005
FOR
A
41-LOT
SUBDIVISION,
AND
APPROVAL
OF
VARIANCE
21-003
FOR
AN
OVERHEIGHT
RETAINING
WALL,
ASSESSOR'S
PARCEL
NUMBERS
277-070-34, 277-080-27,
277-
080-22,
277-241-01
, 277-241-02,
277-241-03
, 277-041-04,
277-
241-05,
277-241-06,
277-241
-07,
277-241-08
, 277-241-09,
277-
241-10,
277-241-11,
277-241-12
, 277-241-13, 277-241-14,
277-
241-15, 277-241-16,
277-240-01, 277-240-02,
277-240-03,
277-
240-04,
277-240-05,
277-240-06,
277-240-07,
277-240-08,
277-
240-09,
277-240-10, 277-240-11,
277-240-12,
277-240-13,
277-
240-14,
277-240-15,
277-240-16
, 277-240-17
WHEREAS,
on
July
20,
2021,
the
City
Council
considered
Tentative
Tract
Map (TTM)
17-
005;
a
request
for
a
41-lot,
single-family
subdivision
on
an
approximate
420-acre
site
located
at
17150
Old
Coach
Road
within
the
Hidden
Valley
Ranch
(HVR)
Specific
Plan
area
in
the
Planned
Community
(PC)
zone
and
Variance
(VAR)
21-003;
a
request
to
construct
entryway
retaining
walls
that exceed
the
six-foot
height
limit
;
WHEREAS,
the
City
Counc
il held
a
duly
advertised
public
hearing
to
receive
testimony
from
the
public,
both
for
and
aga
inst,
relative
to
this
matter;
WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
project
, including
the
attachments
, and
has
considered
all
other
evidence
presented
at
the
public
hearing;
and WHEREAS,
the
approved
development
plans
are
incorporated
by
reference
herein
as
Exhibit
A
to
this
Resolution
available
on
file
in
the
Development
Services
Department,
also
known
as
the
TTM
site
plan.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
above
recitals
are
true
and
correct.
SECTION
2:
An
Environmental
Impact
Report
(EIR)
was
prepared
pursuant
to
the
California
Environmental
Quality
Act
(CEQA)
in
conjunction
with
the
approval
of
the
HVR
project
and
was
certified
on
November
18,
2003
(State
Clearing
House
#2001121009).
The
EIR
analyzed
the
potential
impacts
of
the
HVR
Specific
Plan
and
subdivision.
The
proposed
TTM
is
consistent
with
the
HVR
Specific
Plan
and
previously
approved
TTM.
Therefore,
no
further
environmental
analysis
is
required
because
the
project's
impacts
have
already
been
adequately
analyzed
and
are
fully
covered
by
the
previously
certified
EIR.
SECTION
3:
The
findings,
in
accordance
with
the
State
Subdivision
Map
Act
(Government
Code
Section
66410
et.
seq.)
for
TTM17-005,
are
made
as
follows:
A.
The
Map
is
consistent
with
the
General
Plan
in
that
the
cluster
subdivision
design,
with
a
total
of
41 lots
on
420
acres
of
land
that
has
an
average
natural
slope
of
21 percent,
is
consistent
with
the
density
limitation
of
the
Rural
Residential
A
General
Plan
land
use
4of32
ATTACHMENT
B
March 15, 2022, Item #10
Resolution No. 21-058