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Agenda packet

Poway City Council
May 17, 2022

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Agenda packet
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May 17, 2022
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AG EN DA Poway City Counc il
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 May 17, 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.

To Watch Live:
www.poway.org/councilmeetings
To Speak and Participate Remotely:

Go to: www.poway.org/meeting and join using
"Computer Audio"
If your electronic device has no microphone or
speakers:

Call: (877) 853 - 5247
Enter Meeting ID: 623 291 9830
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please
also read the Speakers section for detailed
instructions as it has changed.

REMOTE SPEAKERS: If viewing online 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
Councilmember
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 online 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 schedu led 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 address the Council under Public Comment .

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager request s that an item be removed for discussion.
2 of 4 Regular City Council Meeting May 17, 2022

1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda

2. Approval of the April 5, 2022 Regular 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. Poway Housing Successor Annual Report Fiscal Year 2020-21

5. Award of Contract to Harbor Coating & Restoration for City Facilities Painting 2021-22; Bid No. 22- 009

6. Award of Contract to GQ Builders, Inc. for City Facilities General Maintenance and Repair - Wood 2021-22; Bid No. 22-010

7. Adoption of Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule

8. Award of Contract to Hazard Construction ENGR, LLC. for the 2021-2022 Street Overlay Project; Bid No. 22-011

9. Acceptance of Public Improvements and Release of Project Securities for the Kirkham Way Mid­ block Pedestrian Traffic Signal, STl20-003
ORDINANCES FOR INTRODUCTION: None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS:

10. Appeal (APL) 22-001 - An Appeal of the Approval for Minor Development Review Application 21- 023, a Single-Family Residence to be used as a Residential Care Facility (Sharp Mountainview Hospice), located at 16752 Espola Road
City Manager's Recommendation: It is recommended the City Council deny the appeal, upholding the approval of MDRA 21-023, pursuant to the Resolution. Should the City Council instead decide to grant the appeal, in whole or in part, staff will return at a future date with a new resolution with revised findings in accordance with the City Council's decision.

11. Resolution Adopting a List of Projects for Fiscal Year 2022-23 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017
City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution .
3 of 4 Regular City Council Meeting May 17, 2022
STAFF REPORTS:

12. Award of Agreement with NMS Management, Inc. for Janitorial Services; RFP No. 22-020 City Manager's Recommendation: It is recommended the City Council award the agreement for janitorial services to NMS Management, Inc. and 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
)
) 55.
)

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 May 10, 2022. Said meeting to be held at 7:00 p.m., May 17, 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.

Carrie Gallagher, CMc,cityC/erk
4 of 4 Regular City Council Meeting May 17, 2022
1 of 8
May 17, 2022, Item #2
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

May 17, 2022
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the April 5, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• April 5, 2022 Regular 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 April 5, 2022 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. April 5, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
i=se~
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
! 1e
City Manager

ATTACHMENT A
2 of 8
May 17, 2022, Item #2
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 April
5,
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;
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;
Fire
Chief
Jeff
Chumbley;
Captain
Karla
Menzies,
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 Recognition
of
Eric
Weddle
Swearing
in
of
Fire
Chief
Jeff
Chumbley
3 of 8
May 17, 2022, Item #2
City of Poway -Minutes -April 5, 2022

PUBLIC COMMENT
Debbie Knuth spoke regarding traffic concerns on Valle Verde Rd. due to the proposed hospice center.

Edward Michell spoke regarding increased traffic due to the proposed hospice facility.

Karen Herreras, Rotary Club of Poway-Scripps, spoke regarding the Poway Rotary Parade on Saturday, September 10th, 2022.

Joe St. Lucas requested enhanced public notification processes beyond the standard 500-foot notice.

Yuri Bohlen welcomed Fire Chief Jeff Chumbley and thanked Retiring Fire Chief Scott Post and Captain Schaller for their years of service.

Mayor Vaus noted that for those interested in the hospice house project, the appeal is set to be heard by the City Council on May 17, 2022.

CONSENT CALENDAR
Motioned by Councilmember Grosch, seconded by Councilmember Leonard in to approve Consent Calendar Items 1 through 8. Motion carried 5/0 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. Approval of the February 15, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 22-015 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."

4. Award of Agreement to Griswold Industries OBA Cla-Val for As-Needed Pressure Reducing Valve Station Maintenance Services; RFP No. 22-019

5. Award of Agreement to UniFirst Corporation for Uniform, Laundering and Related Services

6. Contract Agreement Between the City of Poway and HUB International Insurance Services, Inc. to Provide Employee Benefits and Health Insurance Brokerage Services

7. Acceptance of the City Hall HVAC Controls Project; RFP No. 21-013 with Sunbelt Controls, as Complete

8. Award of Contract to Sunbelt Controls Inc. for the Fire Station 3 HVAC Controls Replacement Project
4 of 8
May 17, 2022, Item #2
City of Poway -Minutes -April 5, 2022
ORDINANCES FOR INTRODUCTION:

None.

ORDINANCES FOR ADOPTION
None.

PUBLIC HEARINGS:

9. Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2022-23, as required by the TransNet Ordinance
Mayor Vaus opened the public hearing at 7:30 p.m.

City Engineer, Melody Rocco presented the item.

Public Comment:

None.

End of Public Comment.

Mayor Vaus closed the public hearing at 7:32 p.m.

In response to Council inquiry, Ms. Rocco replied that "new residential unit" could be any unit.

Multi-unit dwellings would be charged on a per unit basis, similar to a single-family unit; and Accessory Dwelling Units (ADUs) are exempt from the fee.

In response to Council inquiry, Ms. Rocco explained the revenue projections are estimated based on units currently in the development pipeline. She noted fees are due at the time a developer pulls building permits.

Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to approve Resolution No. 22-016 entitled, "A Resolution of the City Council of the City of Poway, California, Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for the Fiscal Year (FY) 2022-23, as required by the TransNet Ordinance." Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None

10. An Ordinance of the City of Poway to Relinquish a 0.017-acre Portion of a 5.21-acre Privately­ Owned Open Space Lot (Assessor Parcel Number 317-534-43) in Exchange for 0.017 Acres of Undisturbed Adjacent Land
Mayor Vaus opened public hearing at 7:35 p.m.
5 of 8
May 17, 2022, Item #2
City of Poway -Minutes -April 5, 2022
Associate Civil Engineer, Sara Trunzo presented the report along with a PowerPoint presentation. Ms. Trunzo explained the open space exchange is proposed between the privately owned open space lot and the residential parcel which are part of the Aria Estates Development at the end of Aria Court. The open space lot is privately owned with an open space easement dedicated to the City. The property owner is proposing a boundary adjustment to acquire 0.017 acres of a 5.21-acre open space lot, in order to widen the western side yard of the lot by six feet. The owner is proposing to add an equal amount of vacant undisturbed land from his parcel to the open space parcel so there is no net loss in open space area as required by the Poway Municipal Code.

Public Comment:

None.

End of Public Comment.

Mayor Vaus closed the public hearing at 7:38 p.m.

As requested by the Mayor, the Acting City Clerk titled the Ordinance.

Motioned by Mayor Vaus, seconded by Councilmember Frank to introduce Ordinance No. 855 entitled, "An Ordinance of the City Council of the City of Poway, California, Pursuant to Section 16.16.110 of the Poway Municipal Code Concerning Relinquishment of Open Space (APN 317-534-43)" and schedule adoption of the Ordinance for May 19, 2022. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS
Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
None
11 . Approval of Agreement between the City of Poway and Crayon Software Experts LLC and the California Department of Technology (CDT) for the Purchase of Microsoft Product and Services, and Appropriation of Funds
Assistant Director of Finance Operations, Brad Rosen presented the item. He explained in the prior twelve years, the City entered into four three-year enterprise agreements through a cooperative County of Riverside contract for Microsoft licensing which expires April 30, 2022.

Mr. Rosen went on to explain that after a review of the licensing options available to the City, entering into an enterprise level agreement for Microsoft Office 365-G5 product and services with the State of California Department of Technology and a Microsoft Select Agreement for server and database licensing provides the most cost-effective model.

Public Comment:

None.

End of Public Comment.
6 of 8
May 17, 2022, Item #2
City
of
Poway
-
Minutes
-
April
5,
2022
Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Mullin
to
authorize
the
City
Manager
to
execute
an
agreement
with
Crayon
Software
Experts
LLC
utilizing
the
CDT
contract
for
a
four-year
Microsoft
365-G5
ELA
and
a
three-year
Microsoft
Select
Plus
Agreement
for
server
and
database
licensing,
and
appropriate
funds.

Motion
carried
5/0. Items
12 through
14 were
presented
simultaneously,
reported
under
item

12. 12.

Water
Infrastructure
Improvement
Program
Update
and
Request
for
Appropriation
of
Funds
Related
to
Starridge
Park
Improvements
Principal
Civil
Engineer
Shadi
Sarni
presented
the
report
along
with
a
PowerPoint
presentation on
Items
12 through
14 relative
to
the
Water
Infrastructure
Improvement
Program
update
and
request
for
the
appropriation
of
funds
related
to
the
Starridge
Park
improvements;
the
Consultant
Agreement
with
Black
&
Veatch
Corporation
for
engineering
design
services
for
the
Poway
Treated
Water
Facilities
and
Redundant
Pipeline
Project;
and,
the
Consultant
Agreement
with
Hazen
and
Sawyer
for
engineering
design
services
for
the
San
Diego
County
Water
Authority
(SDCWA)
POW-5
Turnout
and
Flow
Control
Facility
Project.

Public
Comment:

Yuri
Bohlen
inquired
about
the
funding
of
the
temporary
lights
at
Starridge
Park.

End
of
Public
Comment
In
response
to
Council
inquiry,
Director
of
Finance,
Aaron
Beanan
stated
that
water
funds
are
being
used
since
the
temporary
bypass
project
impacted
the
ability
to
use
the
softball
field
at
Lake
Poway.

He
explained
the
$242,000
for
Starridge
Park
improvements
and
temporary
lighting
was
accounted
for
in
the
project
budget
and
financing.

In
response
to
Council
inquiry,
Director
of
Public
Works
Eric
Heidemann
explained
following
the
completion
of
the
water
projects,
the
generator
for
the
field
lights
will
be
incorporated
into
the
generator
inventory
at
Public
Works
to
service
pump
stations,
lift
stations
and
any
emergency
use.

He
further
explained
using
the
Lake
Poway
softball
field
was
the
most
cost­
effective
location
for
the
temporary
tanks.

The
Lake
Poway
softball
field
will
be
restored
to
its
original
condition
at
the
end
of
the
project.

Motioned
by
Councilmember
Leonard,
seconded
by
Councilmember
Frank
to
approve
an
appropriation
in
the
amount
of
$242,649.00
for
Starridge
Park
softball
field
improvements
from
the
Water
Fund
to
the
Clearwell
Replacement
Project,
WTR0029.

Motion
carried
5/0.

13. Approval
of
Consultant
Agreement
Between
the
City
of
Poway
and
Black
&
Veatch
Corporation
for
Engineering
Design
Services
for
the
Poway
Treated
Water
Facilities
and
Redundant
Pipeline
Project,
RFP
No.
22-016
Public
Comment:

None
.

End
of
Public
Comment
7 of 8
May 17, 2022, Item #2
City of Poway -Minutes -April 5, 2022
In response to Council inquiry, Ms. Sarni responded the existing 36" pipe at Green Valley Truck Trail carries treated water from the San Diego County Water Authority (SDCWA) via the Ramona pipeline. She further explained Black & Veach would be designing the Poway Treated Water Facilities and Redundant Pipeline, which will connect to POW5 and construction is expected to start April 2024. Ms. Sarni explained the portion of the treated water pipeline owned by SDCWA serves a number of agencies and the POW5 pipeline is simply connecting to it.

Director of Public Works, Eric Heidemann explained SDCWA entered into an agreement with Black & Veatch to execute their Master Plan. The development and adoption of the Master Plan will take a couple years to complete.

Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to approve the Consultant Agreement with Black & Veatch Corporation for Engineering Design Services for the Poway Treated Water Connection and Redundant Pipeline Project in the amount of $1,755,596, per the outlined terms of the Consultant Agreement and authorize the City Manager to execute the necessary document. Motion carried 5/0.

14. Approval of Consultant Agreement between the City of Poway and Hazen and Sawyer for Engineering Design Services for the San Diego County Water Authority (SDCWA) POW-5 Turnout and Flow Control Facility Project, RFP 22-017
Public Comment:

None.

End of Public Comment
Motioned by Councilmember Frank, seconded by Councilmember Leonard to approve the Consultant Agreement with Hazen and Sawyer for Engineering Design Services for the SDCWA POW-5 Turnout and Flow Control Facility Project in the amount of $867,391, per the outlined terms of the Consultant Agreement and authorize the City Manager to execute the necessary document. Motion carried 5/0.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS:

Councilmember Leonard spoke about visiting the new Mickey Cafagna Community Center where the Kiwanis Club of Poway held an event to raise funds for their annual Holiday for Heroes program.

Councilmember Frank thanked city staff for stepping up to make Garden Road Park available for the Garden Road Elementary PTA to hold a fundraising event with only a few days' notice. 8 of 8
May 17, 2022, Item #2
City of Poway -Minutes -April 5, 2022
Deputy Mayor Mullin stated he had attended the Regional Solid Waste Association meeting held at the EDCO facility and while there, toured the aerobic digester. He noted having volunteered Councilmember Grosch to continue as Treasurer and to be a member of a committee that will negotiate an extension with EDCO.

Mayor Vaus thanked Interim Fire Chief Scott Post, the Fire Department and Sheriff's Deputies for their life saving efforts on Baby Mia.

CITY MANAGER ITEMS:

None.

Mayor Vaus recessed the meeting in to Closed Session at 8:28 p.m.

CITY ATTORNEY ITEMS:

15. Conference with Legal Counsel-Existing Litigation (Government Code § 54956.9(d)) Name of Case: Hayes v. City of Poway (United States District Court, Southern District of California) Case No. 20-cv-0799

ADJOURNMENT
The meeting adjourned at 9:00 p.m.

Carrie Gallagher, CMC
City Clerk
City of Poway, California
May 17, 2022, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 17, 2022
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief
Jeff Chumbley, Fire Chief
(858) 668-4461 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 impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage 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 the City Council approve a resolution continuing the Proclamation of Local Emergency. 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. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. 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, and December 1 of 5
May 17, 2022, Item #3
February 15, March 1, March 15, April 5, April 19, and May 3. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place.

Environmental Review:

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

Fiscal Impact:

As of May 2, 2022, City costs to respond to COVI D-19 are estimated at $1,120,760. 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. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures 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 was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staff's review, 35 loans totaling $1,328,118 were 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:
aserman
Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~
City Manager
May 17, 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, March 1, March 15, April 5, April 19 and May 3;
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. 3 of 5 ATTACHMENT A
May 17, 2022, Item #3
Resolution No. 22-

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby 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 (COVI D-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 17th day of May, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4of5
May 17, 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
Proclamat
ion,
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.

Chr
~
Director
of
Emergency
Serv
ices
5 of
5 ATTACHMENT
B
1 of 37
May 17, 2022, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
May 17, 2022
Honorable Chairman and Members of the Housing Authority Robert Manis, Director of Development Services /vl
Marie Sanders, Senior Management Analyst Jf
(858) 668-4637 or [email protected] ~
Poway Housing Successor Annual Report Fiscal Year 2020-21

CITY COUNCIL
Pursuant to California Health and Safety Code Sections 34176 and 34176.1 (f) (Dissolution Law), the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, must prepare an annual report detailing its activities during each fiscal year. The Poway Housing Successor Annual Report for Fiscal Year 2020-21 (Attachment A), and the Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ending June 30, 2021 (Attachment B), are included with this agenda report for review by the Poway Housing Authority Board. The Poway City Council also sits as the Poway Housing Authority Board.

Recommended Action:

It is recommended the Poway Housing Authority Board receive and file this report.

Discussion:

Part 1.85, Division 24 of the California Health and Safety Code, particularly Sections 34176 and 34176.1 (f), require that the Housing Successor provide an annual report of the Successor's activities during the prior fiscal year. The purpose of the report is to provide the governing body of the Housing Successor with an annual report on the housing assets and activities of the Housing Successor. The report is to be provided to the Poway Housing Authority Board, along with an independent financial audit of the Low-and Moderate-Income Housing Asset Fund (LMIHAF) within six months after the end of each fiscal year. Due to Poway's annual timing for completion of the Housing Authority audit, it is not possible for this report to be completed within the six-month period. However, there is no penalty for delayed submission of the report
The Poway Housing Successor Annual Report for Fiscal Year 2020-21 indicates a balance in the LMIHAF of $3,961,462. LMIHAF monies can be spent to acquire, rehabilitate, acquire long term affordability covenants for, or preserve lower income housing (affordable to households earning 80 percent of median income or less). Additionally, funds may be use for program administration and monitoring as well as used for homelessness prevention and rapid rehousing services. The source of funding for the LMIHAF is derived from the previous balance of Redevelopment financing, program income from 2 of 37
May 17, 2022, Item #4
operations, repayments of loans, and land sales.

Environmental Review:

This item is not subject to California Environmental Quality Act (CEQA) review.

Fiscal Impact:

There is no fiscal impact associated with this item.

Public Notification:

None.

Attachments:

A. Poway Housing Successor Annual Report for Fiscal Year 2020-21 B. Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ended June 30, 2021
Reviewed/ Approved By:

Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
May 17, 2022, Item #4

POWAY HOUSING SUCCESSOR ANNUAL REPORT

REGARDING THE LOW-AND MODERATE-INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020-2021
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)

FOR THE

POWAY HOUSING AUTHORITY
This Housing Successor Annual Report (Report) regarding the Low-and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1 (f) and is dated as of May 17, 2022. This Report sets forth certain details of the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, activities during Fiscal Year 2020-21 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).

The following Report is based upon information prepared by Housing Successor staff and information contained within the Poway Housing Authority Basic Financial Statements and Independent Auditor's Report for Fiscal Year 2020-21 as prepared by Davis Farr, LLP, which Audit is separate from this annual summary report; further, this report conforms with and is organized into sections I. through XII., inclusive, pursuant to the Dissolution Law:

I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

Ill. Description of Expenditures from LMIHAF: This section provides a categorized description of the expenditures made from the LMIHAF during the Fiscal Year.

IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

V. Description of Transfers: This section describes transfers pursuant to Health and Safety Code Section 34176.1 ( c)(2), if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development ~f transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2020 -2021 May 17, 2022, Item #4
VI.

Project
Descriptions:

This
section
describes
any
project
for
which
the
Housing
Successor
receives
or
holds
property
tax
revenue
pursuant
to
the
ROPS
and
the
status
of
that
project.

VII.

Status
of
Compliance
with
Section
33334.16:

This
section
provides
a status
update
on
compliance
with
Section
33334
.16
for
interests
in
real
property
acquired
by
the
former
redevelopment
agency
prior
to
February
1,
2012
. For
interests
in
real
property
acquired
on
or
after
February
1,
2012,
the
Housing
Successor
must
provide a
status
update
on
the
project.

The
Poway
Housing
Successor
has
acquired
two
properties
since
February
1,
2012.

VIII.

Description
of
Outstanding
Obligations
under
Section
33413:

This
section
describes
the
outstanding
inclusionary
and
replacement
housing
obligations,
if any,
under
Section
33413
that
remained
outstanding
prior
to
dissolution
of
the
former
redevelopment
agency
as
of
February
1,
2012,
along
with
the
Housing
Successor's
progress
in
meeting
those
prior
obligations,
if
any,
of
the
former
redevelopment
agency
and
how
the
Housing
Successor's
plans
to
meet
unmet
obligations,
if any
.

IX.

Income
Test:

This
section
provides
the information
required
by
Section
34176
.1 (a)(3)(B),
or
a
description
of
expenditures
by
income
restriction
for
five-year
period,
with
the
time
period
beginning
January
1,
2014,
and
whether
the
statutory
thresholds
have
been
met.

X.

Senior
Housing
Test:

This
section
provides
the
percentage
of
units
of
deed-restricted
rental
housing
restricted
to
seniors
and
assisted
individually
or
jointly
by
the
Housing
Successor,
its
former
redevelopment
Agency,
and
its
host
jurisdiction
within
the
previous
10 years
in
relation
to
the
aggregate
number
of
units
of
deed-restricted
rental
housing
assisted
individually
or
jointly
by
the
Housing
Successor,
its
former
Redevelopment
Agency
and
its
host
jurisdiction
within
the
same
time
period.

For
this
Report
the
ten-year
period
reviewed
is
January
1, 2011
to
December
31,
2021.

XI.

Excess
Surplus
Test:

This
section
provides
the
amount
of
excess
surplus
in
the

LMIHAF,
if any,
and
the
length
of
time
that
the
Housing
Successor
has
had
excess
surplus,
and
the
Housing
Successor's
plan
for
eliminating
the
excess
surplus.

XII.

Inventory
of
Homeownership
Units:

This
section
provides
a
summary
of
covenanted
homeownership
units
assisted
by
the
former
redevelopment
agency
or
the
housing
successor
that
are
subject
to
covenants
or
restrictions
or
to
an
adopted
program
that
protects
the
former
redevelopment
agency's
investment
of
monies
from
the
Low-
and
Moderate-Income
Housing
Fund
pursuant
to
subdivision
(f)
of
Section
33334.3
. Inventory
shall
include
the
following:
a)
the
number
of
those
units
; b)
in
the
first
report
pursuant
to
this
subdivision,
the
number
of
units
lost
to
the
portfolio
after
February
1,
2012,
and
the
reason
or
reasons
for
those
losses.

For
all
subsequent
reports,
the
number
of
the
units
lost
to
the
portfolio
in
the
last
fiscal
year
and
the
reason
for
those
losses;
c)
any
funds
returned
to
the
housing
successor
as
part
of
an
adopted
program
that
protects
the
former
redevelopment
agency's
investment
of
moneys
from
the
Low-
and
Moderate-Income
Housing
Fund;
and
d)
whether
the
housing
successor
has
contracted
with
any
outside
entity
for
the
management
of
the
units
and,
if so,
the
identity
of
the
entity
.

POWAY

HOUSING

SUCCESSOR
ANNUAL
REPORT
FISCAL
YEAR
2020
-2021
May 17, 2022, Item #4
I.

AMOUNT

DEPOSITED
INTO
LMIHAF
A
total
of
$368,684
was
deposited
into
the
LMIHAF
during
the
Fiscal
Year.

II.

ENDING

BALANCE
OF
LMIHAF
At
the
close
of
the
Fiscal
Year,
the
ending
balance
in
the
LMIHAF
was
$3,961,462
none
of
which
is
being
held
for
items
listed
on
the
ROPS.

This
includes
$3,497,983
in
cash
and
investments,
and
$490,634
in
housing
loans
receivable,
less
$27,155
in
liabilities.

The
$490,634
is
due
from
the
Successor
Agency
and
represents
the
Housing
Authority's
20%
of
the
former
Redevelopment
Agency's
loan
balance,
and
repayment
is
subject
to
approval
by
the
California
Department
of
Finance. Ill.

DESCRIPTION
OF

EXPENDITURES
FROM
LMIHAF
The
following
is
a
description
of
expenditures
from
the
LMIHAF
by
category:

Fiscal
Year
2020-21
Monitoring
&
Administration
Expenditures
$20,291
Homeless
Prevention
&
Rapid
Rehousing
Expenditures
$0
Housing
Development
Expenditures
$1,352,408
Total
LMIHAF
Expenditures
in
Fiscal
Year
$1,372,699
IV.

STATUTORY
VALUE
OF
ASSETS
OWNED
BY

HOUSING

SUCCESSOR
Under
the
Dissolution
Law
and
for
purposes
of
this
Report,
the
"statutory
value
of
real
property"
means
the
value
of
properties
formerly
held
by
the
former
redevelopment
agency
as
listed
on
the
housing
asset
transfer
schedule
approved
by
the
Department
of
Finance as
listed
in
such
schedule
under
Section
34176(a)(2),
the
value
of
the
properties
transferred
to
the
Housing
Successor
pursuant
to
Section
34181
(f),
and
the
purchase
price
of
properties
purchased
by
the
Housing
Successor.

Further,
the
value
of
loans
and
grants
receivable
are
included
in
these
reported
assets
held
in
the
LMIHAF.

The
following
provides
the
statutory
value
of
assets
owned
by
the
Housing
Successor: Fiscal
Year
2020-21
Gash
and
Cash
Equivalents
$3,497,983
Statutory
Value
of
Real
Property
Owned
by
Housing
Authority
$13,917,824
Value
of
Loans
and
Grants
Receivable
$490,634
Total
Value
of
Housing
Successor
Assets
$17,906,441
V.

DESCRIPTION
OF

TRANSFERS
The
Housing
Successor
did
not
make
any
LMIHAF
transfers
to
other
Housing
Successor(s)
under
Section
34176.1
(c)(2)
during
the
Fiscal
Year.

POWAY

HOUSING

SUCCESSOR
ANNUAL
REPORT
FISCAL
YEAR
2020
-2021
May 17, 2022, Item #4
VI.

PROJECT

DESCRIPTIONS
The
Housing
Successor
did
not
receive
and
did
not
hold
property
tax
revenue
pursuant
to
the
ROPS. VII.

STATUS
OF

COMPLIANCE
WITH

SECTION
33334.16
Section
34176.1
provides
that
Section
33334.16
does
not
apply
to
interests
in
real
property
acquired
by
the
Housing
Successor
on
or
after
February
1,
2012
.

With
respect
to
interests
in
real
property
acquired
by
the
former
redevelopment
agency
prior
to
February
1,
2012,
and
transferred
to
the
Successor
Agency
pursuant
to
Health
and
Safety
Code
Section
34176,
the
time
periods
described
in
Section
33334.16
shall
be
deemed
to
have
commenced
on
the
date
that
the
Department
of
Finance
(DOF)
approved
the
property
as
a
housing
asset
on
the
Housing
Asset
Transfer
Form;
thus
, as
to
real
property
acquired
by
the
former
redevelopment
agency
now
held
by
the
Housing
Successor,
the
Housing
Successor
must
initiate
activities
consistent
with
the
development
of
the
real
property
for
the
purpose
for
which
it
was
acquired
within
five
years
of
the
date
the
DOF
approved
such
property
as
a
housing
asset.

Poway's
Housing
Assets
Transfer
Form
was
approved
by
the
DOF
on
August
31,
2012.

The
following
provides
a
status update
on
the
real
property
housing
assets
that
were
acquired
by
the
former
redevelopment agency
prior
to
February
1,
2012,
and
transferred
to
the
Housing
Successor
on
February
1,
2012,
and
compliance
with
the
five-year
period
to
commence
development
activities.

APN
Street
Address
Date
of
Size
Status
Purchase
27546061
1267
4 Monte
Vista
Rd
02/22/2000

2.06 Acres
Housing
Authority
is
in
the
process
of
completing
an
RFP
to
choose
a
developer
to
build
an
affordable
community
for
developmentally
disabled
adults
and
veterans.
32119028
Twin
Peaks
Rd
11/03/2004

2.15 Acres
Vacant
land.

Occasionally
leased
for
non-housing
use.
31423026
13424
Scots
Way
06/27/2002

0.70 Acres
Vacant
land.

Due
to
access
issues,
development
opt
ions
are
actively
being
evaluated
.
31421418
14048
Sycamore
Ave
06/30/2005

0.32 Acres
Vacant
land.

Development
options
are
being
evaluated.
31710151
Floodway
adjacent
to
08/27/2004

2.15 Acres
Vacant
land
(remnant parcel
&
52 the
Solara
Affordable
from
development
of
ad
3acent
Housing
Development
Solara
affordable
housing
development)
. Property
is
in
the
floodway
and
cannot
be
developed.

The
following
provides
a
status
update
on
real
property
housing
assets
that
were
acquired
by
the
Housing
Successor
after
February
1,
2012.

POWAY

HOUSING

SUCCESSOR
ANNUAL
REPORT
FISCAL
YEAR
2020
-2021
7 of 37
May 17, 2022, Item #4
Date of . APN Street Address P h Size Status urc ase
31723222 12207 & 12237 Old
& 36 Pomerado Road
01/9/2018 1.07 Acres Future affordable housing site.

Funds for future demolition of
the site are budgeted.

VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. Furthermore, the Housing Successor has not caused the demolition of any units and no new replacement housing obligations have been created. lnclusionary/Production Housing. According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor.

The former redevelopment agency's Implementation Plans are posted on the City's website at http://poway.org/207 /Affordable-Housing.

IX. EXTREMELY LOW-INCOME TEST
This section provides the information required by Section 34176.1 (a)(3)(8), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met.

Section 34176.1 (a)(3)(8) requires that the Housing Successor must require at least 30% of the LMIHAF, after expenditures allowed pursuant to Code section 34176.1 (a)(1) and (2,) to be expended for development of housing affordable to, and occupied by, households earning 30% or less of the AMI. If the Housing Successor fails to comply with the extremely low income requirement in any five year report beginning with the five year report to be issued in 2019, then the Housing Successor shall ensure that at least 50% of these remaining LMIHAF funds expended in each fiscal year following the latest fiscal year following the five year report are expended for the development of rental housing affordable to, and occupied by, households earning 30% or less of the area AMI until the housing successor demonstrates compliance with the extremely low-income requirement in an annual report. This information is not required to be reported until 2024 for the 2020 -2024 reporting period.

X. SENIOR HOUSING TEST
The Housing Successor is required to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2020 -2021 May 17, 2022, Item #4
the
Housing
Successor
or
City
assists
and
construction
has
commenced
on
a
number
of
restricted
rental
units
that
is
equal
to
50%
of
the
total
amount
of
deed-restricted
rental
units.

The
following
provides
the
Housing
Successor's
Senior
Housing
Test
for
the
10-year
period
of
January
1,
2011
through
December
31,
2021:

Housing
Test
2011-2021
#
of
Assisted
Senior
Rental
Units
43 #
of
Total
Assisted
Rental
Units
246
Senior
Housing
Percentage
17%
XI.

EXCESS

SURPLUS
TEST
Excess
Surplus
is
defined
in
Section
34176.1
(d)
as
an
unencumbered
amount
in
the
LMIHAF
account
that
exceeds
the
greater
of
one
million
dollars
($1,000,000)
or
the
aggregate
amount
deposited
into
the
LMIHAF
account
during
the
Housing
Successor's
preceding
four
Fiscal
Years
,
whichever
is
greater.

The
LMIHAF
was
created
on
February
1,
2012.

The
current
uncommitted
balance
of
$3,405,644
on
deposit
in
the
LMIHAF
does
not
exceed
the
sum
of
the
annual
deposits
made
in
the
preceding
four
fiscal
years
of
$3,678,581.

The
following
provides
the
Excess
Surplus
test
for
the
preceding
four Fiscal
Years:

FY
2017/18
FY
2018/19
FY
2019/20
FY
2020/21
Total
FY18-21
Beginning
Balance
$1,987,448
$2,117,450
$1,586,131
$4,438,922
Add:

Deposits
$184,553
$240,904
$2,884,440 $368,684
$3,678,581
Transfers
In
$820,000
-
-
-
(Less)
Expenditures
$(54,552)
$(772,223)
$(31,649)
$(1,372,699)
Transfers
Out
($820,000)
-
-
-
Ending
Balance
$2,117,450
$1,586,131
$4,438,922
$3,343,907
(Less)
Commitments
$(814,
113)
$(77,366) $(81,783)
$(29,263)
Uncommitted
Balance
$1,303,337
$1,508,765
$4,357,139
$3,405,644
XII.

HOMEOWNERSHIP
UNITS
The
Housing
Successor
is
to provide
an
inventory
of
homeownership
units
assisted
by
the
former
redevelopment
agency
or
the
Housing
Successor
that
are
subject
to
covenants
or
restrictions
or
to
an
adopted
program
that
protects
the
former
redevelopment
agency's
investment
of
monies
from
the
LMIHAF
pursuant
to
Section
33334.3(f).

The
inventory
for
the
Housing
Successor
is
as
follows:

Current
Inventory
Number
of
Units
Restricted
Homeownership
Units
as
of
12/31/2021
Add:

Restricted
Homeowner
Units
Added
by
Housing
Successor (January
1,
2021
through
December
31,
2021)
30 0
PO
W
AY

HOUSING

SUCCESSOR
AN
NUAL
REPORT
FISCAL
YEAR
2020
-2021
May 17, 2022, Item #4
(Less): Restricted Homeowner Units Lost to Portfolio (January 1, 2021 through December 31, 2021) 0
Additionally, no inventory was lost in 2021. A total of $0 was returned to the Housing Successor as a result of the restrictions adopted to protect the former redevelopment agency's investment in LM I HAF monies and the Housing Successor did not contract with an outside entity for the management of the ownership portfolio.

POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2020 -2021 May 17, 2022, Item #4
10 of
37 POWAY

HOUSING

AUTHORITY
(A
Component
Unit
of
the
City
of
Poway)
Financial
Statements
Year
Ended
June
30,
2021

ATTACHMENT
B
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Table of Contents
Year Ended June 30, 2021
Independent Auditor's Report ... . ... ......... ........ ...... .. .............................. .. ................. ... ..................... 1 Basic Financial Statements
Government-Wide Financial Statements
Statement of Net Position ....................................................................................................... 4 Statement of Activities............................................................................................................ S Fund Financial Statements
Balance Sheet .......................................................................................................................... 6 Reconciliation of the Balance Sheet of the Governmental Fund to the Statement of Net Position ............................................................................................ 7 Statement of Revenues, Expenditures and Changes in Fund Balance .................................... 8 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities ................ 9 Notes to the Basic Financial Statements ......................................................................................... 10 Required Supplementary Information (Unaudited)
Budgetary Comparison Schedule ............................................................................................ 18 Note to Required Supplementary Information ....................................................................... 19 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ................................................................ 21 11 of 37
May 17, 2022, Item #4
DavisFarr

CERTIFIED PUBLIC ACCOUNTANTS
Davis Farr LLP
18201 Von Karman Avenue I Suite 1100 I Irvine, CA 92612 Main: 949.474.2020 I Fax: 949.263.5520

INDEPENDENT AUDITOR'S REPORT
Poway Housing Authority
City of Poway
Poway, California
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities and the major fund of the Poway Housing Authority (the Authority), a component unit of the City of Poway, California, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents.

Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditor's Responsibility
Our responsibility is to express opinions on these financial statements based on our audit.

We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.

Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Authority's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
12 of 37 1
May 17, 2022, Item #4
Opinion
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, and each major fund the Authority, as of June 30, 2021, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Emphasis of a Matter
As described more fully in Note 1, the basic financial statements present only the Authority and are not intended to present fairly the financial position and results of operations of the City of Poway, California in conformity with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter.

Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Budgetary Comparison Schedule be presented to supplement the basic financial statements.

Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 22, 2021 on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financial reporting and compliance.

Irvine, California
December 22, 2021
13 of 37 2
May 17, 2022, Item #4
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14 of 37 3
May 17, 2022, Item #4
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15 of 37 4
May 17, 2022, Item #4

BASIC FINANCIAL STATEMENTS
16 of 37 5
May 17, 2022, Item #4
17 of 37
ASSETS
Poway Housing Authority
Statement of Net Position
June 30, 2021
Cash and investments (Note 2)
Due from other governments
Capital assets, nondepreciable (Note 3)
Total assets

LIABILITIES
Accounts payable
Unearned revenue
Total liabilities

NET POSITION
Investment in capital assets
Un restricted
Total net position
$
$
See accompanying notes to the basic financial statements 6 3,497,983
490,634
13,917,824
17,906,441
8,033
19,122
27,155
13,917,824
3,961,462
17,879,286
May 17, 2022, Item #4
Functions/Programs
Governmental activities:

General government
Development services
Total governmental activities
Poway Housing Authority
Statement of Activities
YearEndedJune30,2021
Program Revenues
Expenses
$ 20,291
1,352,408
$ 1,372,699
Operating Capital
Charges
for
Services
30,912
30,912
Contributions
and
Grants
General Revenues
Investment income
Other
Contributions
and
Grants
Total general revenues and transfers
Change in net position
Net position, beginning
Net position, ending
See accompanying notes to the basic financial statements 18 of 37 7
Totals
2021
10,621
{1,352,408)
{1,341,787)
5,151
211,664
216,815
{1,124,972)
19,004,258
$ 17,879,286
May 17, 2022, Item #4
19 of 37
ASSETS
Cash and investments
Poway Housing Authority
Balance Sheet
Governmental Fund
June 30, 2021
Due from other governments
Tota I assets

LIABILITIES AND FUND BALANCE
Liabilities:

Accounts payable
Unearned revenue
Total liabilities

FUND BALANCE
Unrestricted
Total fund balances
Total liabilities and fund balance
$
$
$
$
See accompanying notes to the basic financial statements 8 3,497,983
490,634
3,988,617
8,033
19,122
27,155
3,961,462
3,961,462
3,988,617
May 17, 2022, Item #4
Poway Housing Authority
Reconciliation of the Balance Sheet of the
Governmental Fund to the Statement of Net Position
June 30, 2021
Total Governmental Fund Balance
Amounts reported for governmental activities in the Statement of Net Position were different because:

Capital assets used in governmental activities were not current financial resources and, therefore, were not reported in the funds. $ 3,961,462
13,917,824
Net position of governmental activities $ 17,879,286
=======
See accompanying notes to the basic financial statements 20 of 37 9
May 17, 2022, Item #4
21 of 37
Poway Housing Authority
Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund
YearEndedJune3~2021

REVENUES
Lease revenue $
Investment income
Reimbursement agreement fees
Total revenues

EXPENDITURES
Current:

General government
Development services
Transfer to fiduciary funds
Total expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year $
See accompanying notes to the basic financial statements 10 30,912
5,151
211,664
247,727
20,291
1,352,408
1,372,699
(1,124,972)
5,086,434
3,961,462
May 17, 2022, Item #4
Poway Housing Authority
Reconciliation of the Statement of Revenues,
Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities
Year Ended June 30, 2021
Net change in fund balance -total governmental fund
Change in net position of governmental activities
See accompanying notes to the basic financial statements 22 of 37 11
$ (1,124,972)
$ (1,124,972)
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2021
Note 1 -Reporting Entity and Summary of Significant Accounting Policies The accounting policies of the Poway Housing Authority (Authority) conform to accounting principles generally accepted in the United States of America as applicable to governments. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for governmental accounting and financial reporting principles. The following is a summary of the Authority's significant accounting policies:

A. Description of Reporting Entity
On March 1, 2011, the City Council of the City of Poway declared a need for a housing authority in the City of Poway and adopted a resolution forming the Poway Housing Authority. The creation of the Housing Authority provides the City legal authority to continue monitoring ongoing rent and income compliance at affordable housing developments.

The former Poway Redevelopment Agency (Agency) and the Authority prepared a Cooperation Agreement to provide for implementation of certain low and moderate income housing projects and to make payments by the Agency to the Authority for the costs to the Authority for performing its obligations. The Agency was dissolved due to the passage of Assembly Bill Xl 26 which became effective on October 1, 2011. In accordance with Health and Safety code 3417S(b), on February 1, 2012, all housing assets, liabilities and fund balance of the Agency were transferred to the Authority as the Successor Agency to the Poway Redevelopment Agency.

The Authority meets the criteria set forth in U.S. GAAP for inclusion as a blended component unit within the City reporting entity based on the City's oversight responsibility in selection of the governing board.

In addition, all of the Authority's activities are conducted within the geographic boundaries of the City.

Blended component units, although legally separate entities, are, in substance, part of the City's operations; therefore, data from these units are combined with data of the primary government in the financial statement presentation of the City. Only the funds of the Authority are included herein; therefore, these financial statements do not purport to represent the financial position or results of operations of the City.

8. Basis of Accounting/Measurement Focus
The accounts of the Authority are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. 23 of 37 12
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2021
Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued} Government-Wide Financial Statements
The Authority's Government-Wide Financial Statements include a Statement of Net Position and a Statement of Activities. These statements present summaries of governmental activities for the Authority.

These basic financial statements are presented on an I/economic resourcesN measurement focus and the accrual basis of accounting. Accordingly, all of the Authority's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The Statement of Activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred.

Certain types of transactions are reported as program revenues for the Authority in three categories:
• Charges for services
• Operating grants and contributions
• Capital grants and contributions
Governmental Fund Financial Statements
Governmental fund financial statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for the governmental fund. An accompanying schedule is presented to reconcile and explain the differences in fund balance as presented in these statements to the net position presented in the Government-Wide Financial Statements.

All governmental funds are accounted for on a spending or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balance presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Under modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period.

Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end) are recognized when due. The primary revenue sources, which have been treated as susceptible to accrual by the Authority, are property tax, and intergovernmental revenues. Expenditures are recorded in the accounting period in which the related fund liability is incurred. 24 of 37 13
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
YearEndedJune3~2021
Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued} Unearned revenues arise when the government receives resources before it has a legal claim to them, as when grant monies are received prior to incurring qualifying expenditures. In subsequent periods when both revenue recognition criteria are met or when the government has a legal claim to the resources, the unearned revenue is removed from the balance sheet and revenue is recognized.

The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of generally accepted accounting principles.

Fund Accounting
The Authority uses funds to maintain its financial records during the year. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts. The Authority only has one governmental fund.

Governmental Fund
Housing Authority Fund -The Housing Authority Fund is the Authority's operating fund. It accounts for all financial resources of the Authority.

C. Cash and Investments
The Authority's cash and investment balances are included in the City's investment pool. The City pools cash resources from all City funds in order to facilitate the management of cash and achieve the goal of obtaining the highest yield with the greatest safety and least risk. The balance in the pooled cash account is available to meet current operating requirements. Cash in excess of current requirements is invested in various interest-bearing accounts and other investments for varying terms. Investments are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily available.

The City participates in an investment pool managed by the State of California titled Local Agency Investment Fund ("LAIF") which has invested a portion of the pool funds in structured notes and asset­ backed securities. LAIF determines fair value on its investment portfolio based on market quotations for those securities where market quotations are readily available and based on amortized cost or best estimate for those securities where market value is not readily available. LAIF investments are subject to credit risk with the full faith and credit of the State of California collateralizing these investments. In addition, these investments are subject to market risk and changes in interest rates.

Cash equivalents are considered amounts in demand deposits and short-term investments with a maturity date within three months of the date acquired by the Authority and are presented as "Cash and investments" in the accompanying basic financial statements. 25 of 37 14
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2021
Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) D. Capital Assets
Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, streets, sidewalks, medians and storm drains) are reported in the Government-Wide Financial Statements.

Authority policy has set the capitalization threshold for reporting capital assets at $5,000. Capital assets are valued at historical cost or estimated historical cost if actual historical cost was not available. Donated assets are valued at their estimated acquisition value on the date donated.

Depreciation is recorded on a straight-line basis over estimated useful lives of the assets as follows:

Buildings
Building improvements
Furniture and equipment
Infrastructure
10-50 years
10-100 years
5-20 years
20-50 years
E. Deferred Outflows/In/lows of Resources
In addition to assets, the balance sheet will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of fund balance that applies to future periods and so will not be recognized as an outflow of resources (expenditure) until then. The Authority currently has no items that qualify for reporting in this category.

In addition to liabilities, the balance sheet will sometimes report a separate section for deferred inflows of resources. This separate financial element, deferred inflows of resources, represents an acquisition of fund balance that applies to future periods and so will not be recognized as an inflow of resources (revenue) until that time. The Authority currently has no items that qualify for reporting in this category.

F. Net Position
Net position is comprised of the various net earnings from operating income, non-operating revenues and expenses. Net position is classified in the following categories:

Net Investment in Capital Assets -This component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of debt that are attributable to the acquisition, construction, or improvement of those assets.

Restricted -This component of net position consists of restricted assets and deferred outflows of resources reduced by liabilities and deferred inflows of resources related to those assets.

Unrestricted -This component of net position is the amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position.

When an expense is incurred for purposes for which both restricted and unrestricted net position are available, the Authority's policy is to apply restricted net position first. 26 of 37 15
May 17, 2022, Item #4
POWAY

HOUSING

AUTHORITY
Notes
to
the
Basic
Financial
Statements
Vear
Ended
June
30,
2021
Note
1 -
Reporting
Entity
and
Summary
of
Significant
Accounting
Policies
(Continued)
G.

Fund
Balances
In
the
governmental
fund
financial
statements,
fund
balances
are
classified
in
the
following
categories:

Nonspendable
-
Nonspendable
fund
balances
are
items
that
cannot
be
spent
because
they
are
not
in
spendable
form,
such
as
prepaid
items
and
inventories,
items
that
are
legally
or
contractually
required
to
be
maintained
intact,
such
as
principal
of
an
endowment
or
revolving
loan
funds.

Restricted
-
Restricted
fund
balances
encompass
the
portion
of
net
fund
resources
subject
to
externally
enforceable
legal
restrictions.

This
includes
externally
imposed
restrictions
by
creditors,
such
as
through
debt
covenants,
grantors,
contributions,
laws
or
regulations
of
other
governments,
as
well
as
restrictions
imposed
by
law
through
constitutional
provisions
or
enabling
legislation.

Committed
-
Committed
fund
balances
encompass
the
portion
of
net
fund
resources,
the
use
of
which
is
constrained
by
limitations
that
the
government
imposes
upon
itself
at
its
highest
level
of
decision
making,
normally
the
governing
body
through
council
resolutions,
etc
., and
that
remain
binding
unless
removed
in
the
same
manner.

The
Board
of
Commissioners
is
considered
the
highest
authority
for
the
Authority.

Assigned
-
Assigned
fund
balances
encompass
the
portion
of
net
fund
resources
reflecting
the
government's
intended
use
of
resources
. Assignment
of
resources
can
be
done
by
the
highest
level
of
decision
making
or
by
a
committee
or
official
designated
for
that
purpose.

The
Board
of
Commissioners
has
authorized
the
Executive
Director
for
that
purpose.

Unassigned
-
This
category
is
for
any
remaining
balances
that
are
not
classified
as
nonspendable,
restricted,
committed
or
assigned
.

When
expenditures
are
incurred
for
purposes
for
which
both
restricted
and
unrestricted
fund
balances
are
available,
the
Authority's
policy
is
to
apply
restricted
fund
balances
first,
then
unrestricted
fund
balances
as
they
are
needed
.

When
expenditures
are
incurred
for
purposes
where
only
unrestricted
fund
balances
are
available,
the
Authority
uses
the
unrestricted
resources
in
the
following
order:
committed,
assigned,
and
unassigned.

H.

Estimates
The
preparation
of
financial
statements
in
conformity
with
U.S
. GAAP
requires
management
to
make
estimates
and
assumptions
that
affect
certain
reported
amounts
and
disclosures.

Accordingly,
actual
results
could
differ
from
those
estimates
.

Note
2 -
Cash
and
Investments
Equity
in
Cash
and
Investment
Pool
of
the
City
of
Poway
The
Authority
does
not
have
a
separate
bank
account;
however,
the
Authority's
cash
and
investments
are
maintained
in
an
investment
pool
managed
by
the
City
.

The
Authority
is
a
voluntary
participant
in
that
pool.

This
pool
is
governed
by
and
under
the
regulatory
oversight
of
the
Investment
Policy
adopted
by
the
City
Council
of
the
City.

The
Authority
has
not
adopted
an
investment
policy
separate
from
that
of
the
City.
27 of
37 16
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2021
Note 2-Cash and Investments {Continued}
The fair value of the Authority's investment in this pool is reported in the accompanying financial statements at amounts based upon the Authority's pro-rata share of the fair value calculated by the City for the entire City portfolio. The balance available for withdrawal is based on the accounting records maintained by the City, which are recorded on an original cost basis. At June 30, 2021, the Authority had a cash balance of $3,497,983.

Note 3 -Capital Assets
The summary of changes in capital assets for the year ended June 30, 2021 is as follows:

Capital assets, not being
depreciated:

Land
Total capital assets, not being
depreciated
Governmental activities -capital
assets
Note 4 -Related Party Transactions
Balance
June 30, 2020
$ 13,917,824
13,917,824
$ 13,917,824
Additions Deletions
Balance
June 30, 2021
13,917,824
13,917,824
13,917,824
In an effort to ensure that the objectives of Poway's Redevelopment Plan and the Poway Redevelopment Agency's (Agency) 5-Year Implementation Plan are fulfilled, on March 11, 2011, the Agency transferred all housing-related assets to the Authority through a Cooperation Agreement between the Agency and the Authority. Under the terms of this agreement, the Authority agreed to respectively carry out the projects and activities of the Agency in accordance with the objectives and purposes included in the Redevelopment and Implementation Plans. Projects included in the Cooperation Agreement between the Agency and the Authority further the goals of the Redevelopment Plan. It was initially anticipated that these projects would be funded based on available tax increment to be received through 2037, but because of the dissolution of the Agency under AB Xl 26, tax increment revenue has been eliminated, and therefore, no funding for these projects from that source is available.

Future project funding will come from the management of the Authority's assets and may include interest revenue, lease revenue, residual receipt revenue and the sale of assets.

Note S -Rehabilitation Loan Program
Housing Rehabilitation Loan Program
There are two types of housing rehabilitation loan. Forgivable rehabilitation loans are forgiven at a rate of 10% per year given all loan covenants are met. Non-forgivable loans are due upon the sale, transfer or foreclosure of the property. Due to the contingent nature of the repayment schedule of these loans, there is an allowance recorded at 100% of the outstanding balance. The balance of the non-forgivable rehabilitation loans at June 30, 2021 is $7,870.
28 of 37 17
May 17, 2022, Item #4
POWAY

HOUSING

AUTHORITY
Notes
to
the
Basic
Financial
Statements
Year
Ended
June
30,
2021
Note
5 -
Rehabilitation
Loan
Program
(Continued}
Affordable
Housing
Loans
These
loans
are
made
to
aid
in
the
purchase
of
affordable
housing
in
the
City
of
Poway.

They
are
for
a
45-year
term
with
no
interest
and
if
there
is
a
sale,
transfer
or
foreclosure
before
the
end
of
the
term
the
loan
must
be
assumed
by
an
income
qualified
buyer
and
the
45-year
term
starts
over.

Due
to
the
contingent
nature
of
the
repayment
schedule
of
these
loans,
there
is
an
allowance
recorded
at
100%
of
the
outstanding
balance.

The
balance
of
these
Affordable
Housing
loans
at
June
30,
2021
is
$2,690,132.

Development
Loans
The
City,
through
the
Housing
Authority,
has
development
loans
primarily
for
affordable
rental
housing
projects
and
for
one
group
home
for
the
developmentally
disabled.

The
affordable
rental
housing
loans
have
55-year
to
57-year
terms
with
three
percent
simple
interest.

Loan
payments
are
made from
residual
receipts
and
generally
do
not
cover
the
annual
accrued
interest.

Therefore,
due
to
the
contingent
nature
of
the
repayment
schedule
of
these
loans,
there
is
an
allowance
recorded
at
100%
of
the
outstanding
balance.

The
balance
of
the
development
loans,
including
accrued
interest,
at
June
30,
2021
is
$41,585,803.
29 of
37 18
May 17, 2022, Item #4
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30 of 37 19
May 17, 2022, Item #4
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31 of 37 20
May 17, 2022, Item #4

REQUIRED SUPPLEMENTARY INFORMATION
32 of 37 21
May 17, 2022, Item #4

REVENUES
Lease revenue
Investment income
Reimbursement agreement fees
Total revenues

EXPENDITURES
Current:

General government
Development services
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
33 of 37
$
$

POWAY HOUSING AUTHORITY
Budgetary Comparison Schedule
Year Ended June 30, 2021
Budget Amounts
Original Final
31,787 31,787
41,076 41,076
40,000 40,000
112,863 112,863
99,900 108,565
45,200 1,866,318
145,100 1,974,883
(32,237) (1,862,020)
(32,237) (1,862,020)
See note to required supplementary information
22 Actual Variance with
Amounts Final Budget
30,912 (875)
5,151 (35,925)
211,664 171,664
247,727 134,864
20,291 88,274
1,352,408 513,910
1,372,699 602,184
(1,124,972) 737,048
(1,124,972) 737,048
5,086,434
$ 3,961,462
May 17, 2022, Item #4

POWAY HOUSING AUTHORITY
Note to Required Supplementary Information
Year Ended June 30, 2021
Note 1-Budgetary Information
The Authority adopts an annual budget prepared on the modified accrual basis for its major fund. The Executive Director is required to prepare and submit to the Authority's Board of Commissioners the annual budget of the Authority and administer it after adoption. Any revisions that alter the total appropriations of any fund must be approved by the Board of Commissioners.

Prior year appropriations lapse unless they are encumbered at year-end or re-appropriated through the formal budget process. For the major fund, total expenditures may not legally exceed total appropriations.

Budget information is presented for the major fund on a basis consistent with generally accepted accounting principles. Budgeted revenue and expenditure amounts represent the original budget modified for adjustments during the year.
34 of 37 23
May 17, 2022, Item #4
DavisFarr

CERTIFIED PUBLIC ACCOUNTANTS
Davis Farr LLP
18201 Von Karman Avenue I Suite 1100 I Irvine, CA 92612 Main: 949.474.2020 I Fax: 949.263.5520
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
Poway Housing Authority
City of Poway
Poway, California

INDEPENDENT AUDITOR'S REPORT
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, and the major fund of the Housing Authority of the City of Poway (Authority), a component unit of the City of Poway (City) as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements, and have issued our report thereon dated December 22, 2021.

Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Authority's internal control over financial reporting (internal control) as a basis for designing the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of The Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Authority's internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance 35 of 37 24
May 17, 2022, Item #4
with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Authority's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Irvine, California
December 22, 2021
36 of 37 25
May 17, 2022, Item #4
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37 of 37 26
May 17, 2022, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 17, 2022
Honorable Mayor and Members of the City Co~cil
Eric Heidemann, Director of Public Works q '0

CITY COUNCIL
Will Wiley, Assistant Director of Public Works for Maintenance Operation~~/ (858) 668-4705 or [email protected] · y
Award of Contract to Harbor Coating & Restoration for City Facilities Painting 2021-22; Bid No. 22-009
A Request for Bid (RFB) for City Facilities Painting 2021-22, Bid No. 22-009, was duly advertised on March 31 and April 7, 2022. A mandatory pre-bid meeting was held on April 12, 2022, and attended by seven (7) companies. Four (4) bids were received and opened on April 26, 2022. Staff reviewed the bids and determined the lowest responsible and responsive bidder to be Harbor Coating & Restoration.

Recommended Action:

It is recommended the City Council award the contract for City facilities painting to Harbor Coating & Restoration and authorize the City Manager to execute any necessary documents.

Discussion:

As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, such as parks and facilities. During the Fiscal Year 2021-22 budget process, $135,000 was allocated to the Facilities Renovation General Maintenance Project (MN028) for a contractor to paint selected buildings, as part of the City's annual painting program. The City Facilities Painting 2021-22 project consists of exterior painting of six (6) buildings and their various surfaces (fascia, doors, trim, gutters/downspouts, etc.) and decorative items (gates, railings, pillars, trellis, etc.). The City's annual painting program helps protect a building's structural integrity by protecting it against damage (wood rot, stucco damage, etc.) caused by the elements. The buildings to be painted are listed below:
• Parks and Trails Landscape Shop at Lake Poway
• Community Services Administrative Building at Lake Poway • Lake Poway Concession Stand
• Fire Station 2
1 of 11
May 17, 2022, Item #5
• Sheriff Station
• Household Hazardous Waste Building
The current condition of the exterior of these buildings is worn, weathered and in need of maintenance. On March 31 and April 7, 2022, staff duly advertised an RFB. On April 12, 2022, staff held a mandatory pre-bid meeting, which was attended by seven (7) companies. Four (4) bids were received and opened on April 26, 2022. A summary of the submitted bids is listed in Table 1 below:

Table 1: Bid Results
Company Total Bid Amount
Harbor Coating & Restoration $93,000.00
Yoda Painting Inc. $103,000.00
Anemos Enterprises Inc. $127,650.00
Pacific Contractors Group Inc. $162,000.00
The low bid submitted by Harbor Coating & Restoration was responsive and met the requirements of the bid specifications. The contract time for this project is 60 working days. Harbor Coating & Restoration has completed two (2) other projects for the City, and staff has been pleased with their performance. Staff recommends that a contract be awarded to Harbor Coating & Restoration for City facilities painting in the total amount of $93,000.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the Capital Facilities Renovation General Maintenance Project (MN028) to award this contract.

Public Notification:

None.

Attachments:

A. Construction Contract
Reviewed/ Approved By:

Assistant City Manager
2 of 11
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
May 17, 2022, Item #5
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY
CITY FACILITIES PAINTING 2021-22
This Contract made and entered into this 17th day of May 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Harbor Coating & Restoration, hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:

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

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

3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: Repainting the designated exterior surfaces for each identified project facility.

4. Contractor agrees to perform all the said work and furnish all the said materials at his own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
3 of 11 ATTACHMENT A
May 17, 2022, Item #5

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 Ninety-Three Thousand Dollars ($93,000) 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 sixty (60) 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: Five Hundred Dollars ($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 § 181 O 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 4 of 11
May 17, 2022, Item #5
performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code § 1813.

12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.

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

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

15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11
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.

May 17, 2022, Item #5
6 of 11
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class 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.

May 17, 2022, Item #5

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits (except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non-renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
7 of
11 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.

May 17, 2022, Item #5

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.
20 .

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

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

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

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

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

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

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

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

All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work
. The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
8 of
11 May 17, 2022, Item #5
Such final inspection shall be made within a reasonable time after completion of the work.

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

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code:
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications: or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
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. 9 of 11
May 17, 2022, Item #5

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

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof. (Remainder of page intentionally left blank)
10 of 11
May 17, 2022, Item #5
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:

Harbor Coating & Restoration
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
11 of 11

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
May 17, 2022, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
May 17, 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 Operation~/ (858) 668-4705 or [email protected] r
Award of Contract to GQ Builders, Inc. for City Facilities General Maintenance and Repair -Wood 2021-22; Bid No. 22-010
A Request for Bid (RFB) for City Facilities General Maintenance and Repair -Wood 2021-22, Bid No. 22-010, was duly advertised on March 31 and April 7, 2022. A mandatory pre-bid meeting was held on April 13, 2022, and attended by four (4) companies. Two (2) bids were received and opened on April 26, 2022. Staff reviewed the bids and determined the lowest responsible and responsive bidder to be GQ Builders, Inc.

Recommended Action:

It is recommended City Council award the contract for City facilities general maintenance and repair for wood to GQ Builders, Inc. and authorize the City Manager to execute any necessary documents.

Discussion:

As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, such as parks and facilities. During the Fiscal Year 2021-22 budget process, $75,000 was allocated to the Facilities Renovation General Maintenance Project (MN026) for facilities general maintenance and repairs. It was determined the funds would be utilized for wood repair and replacement. The City Facilities General Maintenance and Repair -Wood 2021-22 project consists of wood repair and replacement projects at the Poway Sheriff Station (a City owned building) and Old Poway Park. The project at the Poway Sheriff Station includes the removal and replacement of the wood arbor located at the back entrance of the facility.

Projects at Old Poway Park include wood fencing and railing removal and replacement at the gazebo, Templars Hall and Nelson Hall. All wood replaced will be like-for-like in cut, spacing, style and size.

The current condition of the wood at these locations is weathered and in need of replacement and repair to maintain the integrity of the structures. The bid items for Templars Hall and Nelson House were bid as deductive alternates to be removed from the project if bids received exceeded the budget. 1 of 12
May 17, 2022, Item #6
On March 31 and April 7, 2022, staff duly advertised an RFB. In addition, staff contacted five (5) vendors regarding the bid opportunity. On April 13, 2022, staff held a mandatory pre-bid meeting, which consisted of site visits at Old Poway Park and the Poway Sheriff Station. Two (2) bids were received and opened on April 26, 2022. One of the bids received was incomplete and deemed nonresponsive. The bid schedule requested that bids for both redwood and Douglas fir be provided.

The bid results for completing the project using Douglas Fir are provided in Table 1 below:

Table 1: Douglas Fir Bid Results
Poway Sheriff Old Poway Templars Hall Nelson House Mobilization/ Vendor Station Wood Park Total Bid Arbor Gazebo Fencing Fencing Demobilization
GQ Builders, Inc. $6,000.00 $22,000.00 $19,000.00 $17,000.00 $7,000.00 $71,000.00 ID Construction* N/A N/A N/A N/A N/A N/A
*Non responsive
Bid results for completing the project using redwood are listed in Table 2 below:

Table 2: Redwood Bid Results
Poway Sheriff Old Poway Templars Hall Nelson House Mobilization/ Vendor Station Wood Park Total Bid Arbor Gazebo Fencing Fencing Demobilization
GQ Builders, Inc. $7,000.00 $25,000.00 $24,000.00 $22,000.00 $7,000.00 $85,000.00 ID Construction* $7,000.00 $26,000.00 $26,000.00 $13,000.00 N/A $72,000.00 *Nonresponsive
To complete all bid items within the project budget, staff determined that Douglas fir would be utilized for this project. The low bid submitted by GQ Builders, Inc. was responsive and met the requirements of the bid specifications. Based on the bids received and the work required to complete the project, GQ Builders, lnc.'s price is fair, reasonable, and GQ Builders, Inc. is qualified to complete the work. The contract time for this project is 30 working days. Staff recommends that a contract be-awarded to GQ Builders, Inc. for wood maintenance and repair in the total amount of $71,000.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the Capital Facilities Renovation General Maintenance Project (MN026) to award this contract.

Public Notification:

None.
2 of 12
May 17, 2022, Item #6
Attachments:

A. Contract
Reviewed/ Approved By:

Wen~Kaserman
Assistant City Manager
3 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 17, 2022, Item #6

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
CITY

FACILITIES

GENERAL

MAINTENANCE
AND

REPAIR-WOOD
2021-22
This
Contract
made
and
entered
into
this
17th
day
of
May,
2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
GQ
Builders,
Inc.,
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are
incorporated
herein
by
this
reference,
and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition

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

3. Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:

Replacement
of
wood
at
four
(4)
City
of
Poway
locations,
including
the
wood
arbor
at
the
Poway
Sheriff
Station
and
fencing
and
railing
at
Old
Poway
Park.

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
his
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.
4 of
12 ATTACHMENT
A
May 17, 2022, Item #6

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 Seventy-One Thousand Dollars ($71,000) 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 Thirty (30) Working Days after the date specified in the Notice to Proceed. Specific scheduling requirements are provided in the Technical Specifications.

7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum: Five Hundred Dollars ($500.00) per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City. By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.

8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.

9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects. Travel and subsistence pay shall be paid in accordance with Labor Code § 1773.1.

10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract.
5 of 12
May 17, 2022, Item #6

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

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
6 of
12 of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims­
made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.

May 17, 2022, Item #6
7 of 12
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees.
d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class 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.

May 17, 2022, Item #6
g.

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

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City.
b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages. c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants, volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non­
renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
8 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
May 17, 2022, Item #6
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it
may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

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

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

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

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

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

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

25. After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
9 of
12 May 17, 2022, Item #6
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.

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

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

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

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

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

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

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

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

30. a.

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

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

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

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

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

City
shall
promptly
investigate
the
reported
conditions.

If
City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
10 of
12 May 17, 2022, Item #6
d.

In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work
, Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.

31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32 .

All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.

Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
11 of
12 May 17, 2022, Item #6
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:

GQ
Builders,
Inc.

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

Address
for
Notices
and
Payments
Telephone
Number:
______
_
Email:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
12 of
12 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
May 17, 2022, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:
. AG EN DA REPORT City of Poway
May 17, 2022
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works 1,. '(\

CITY COUNCIL
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 or [email protected]
Resolution Confirming Adjustments to EDCO Waste and Recycling Services' Rate Schedule
On June 2, 2020, the City Council adopted Resolution No. 20-034 (Attachment A) approving EDCO Waste and Recycling Services' (EDCO) rate schedule; and approving pass-through/inflationary adjustments through June 30, 2025, using the same methodology and formulas prescribed for rate adjustments in the franchise agreement between the City and EDCO. EDCO has requested the annual rate adjustment for Fiscal Year 2022-23. The proposed resolution (Attachment B) confirms the solid waste and recycling service and disposal rate schedule adjusted for Fiscal Year 2022-23 is consistent with Resolution No. 20-034 and the approved methodology. These rates were last adjusted for Fiscal Year 2021-22 through City Council adoption of Resolution No. 21-028 on June 1, 2021. This action will rescind Resolution No. 21-028.

Recommended Action:

It is recommended the City Council adopt the Resolution confirming an adjustment to EDCO Waste and Recycling Services' rate schedule effective July 1, 2022, consistent with Resolution No. 20-034 and rescind Resolution No. 21-028.

Discussion:

The City has an exclusive franchise agreement with EDCO for solid waste collection and recycling services. The franchise agreement establishes the methodology for establishing rates for residential and commercial solid waste collection. On April 26, 2022, as required under the terms of the franchise agreement, EDCO notified the City of an increase in the Consumer Price Index (CPI) and requested a rate increase effective July 1, 2022 (Attachment C).

Any adjustment to the solid waste and recycling rate for residential and commercial collection services is subject to detailed notice and public hearing requirements, commonly referred to as Proposition 218. On June 2, 2020, the City Council held a noticed public hearing pursuant to Proposition 218 and 1 of 41
May 17, 2022, Item #7
adopted Resolution No. 20-034 approving EDCO's rate schedule, which included the adoption of an organics recycling fee, and approved pass-through/inflationary adjustments to EDCO's service fees through June 30, 2025. The Resolution specifies the method and formula to be used in calculating the maximum allowable rate adjustment based on the CPI and fluctuation in disposal tipping fees. In accordance with the franchise agreement with EDCO, solid waste service rates may only be increased because of landfill disposal fee increases, cost of living increases (CPI) or because of extraordinary circumstances. Per the franchise agreement, solid waste rate adjustment may be requested annually.

The City's solid waste service rates are comprised of four components: 1) service fee; 2) disposal fee; 3) AB 939 fee; and 4) the franchise fee. Adjustments to the disposal fee, the service fee and franchise fee are being requested at this time, which are based on changes in the CPI. No change to the AB 939 fee is proposed at this time. As specified in the franchise agreement, the CPI adjustment is based on the second half of the previous twelve-month period for the San Diego-Carlsbad area index for All Urban Consumers. The second half of the 2020 index was 305.823 and the second half of the 2021 index was 325.241, a change of 19.418 points or 6.349 percent in the index. The CPI increase accounts for costs of labor, fuel, capital replacement and administrative costs.

The disposal fee increase is calculated separately from the CPI adjustment. The increase is determined following provisions contained in the Regional Solid Waste Association (RSWA) Disposal Agreement with EDCO, of which the City is a member agency. Effective July 1, 2022, the RSWA disposal rate will increase from $46.22 per ton to $48.53 per ton or 5.0 percent (included within Attachment C). This increase is applied to the disposal fee component of the rate by multiplying the amount that represents the disposal costs by the percentage increase (5.0 percent). For residential rates, the landfill disposal costs represent a $0.22 adjustment. For commercial-multifamily rates, the landfill disposal cost adjustment varies depending on the level and frequency of service but ranges from $0.50 (1-yd. bin pick up 1 x/week) to $17.92 (6-yd. bin picked up 6x/week).

For illustrative purposes, the following tables show the current monthly rates and the proposed Fiscal Year 2022-23 monthly Solid Waste/Recycling Service Rates for the three most common service levels and commercial commingled organics.

Table 1: Residential Service -35-Gallon
35-Gallon Residential Cart Single Family
Monthly Rate
Current Proposed
(07/01/21) (07/01/22)
Service Fee $12.35 $13.13
Cl) Cl) V) .... $4.53 cu cu Disposal Tip Fee $4.31 co ~ Franchise Fee 10% $1.85 $1.96
AB 939 Fee $1.20 $1.20
Total $19.71 $20.82
Change $1.11/mo.
2 of 41
May 17, 2022, Item #7
Table 2: Residential Service -95 Gallon
95-Gallon Residential Cart Single Family
Monthly Rate
Current Proposed
(07/01 /21) (07/01 /22)
Service Fee $18.79 $19.98
QJ QJ
V') ...,
Disposal Tip Fee $4.31 $4.53 cu cu en er::

Franchise Fee 10% $2.57 $2.72
AB 939 Fee $1.20 $1.20
Total $26.87 $28.43
Change $1.56/mo.

Table 3: Commercial Service -3-Yard Bin 1x/week
3-Yard Bin Commercial (Picked up 1 x/week)
Monthly Rate
Current Proposed
(07/01/21) (07/01 /22)
Service Fee $76.62 $81.48
QJ QJ
V') ...,
Disposal Tip Fee $29.89 $31.38 cu cu en er::

Franchise Fee 10% $11.83 $12.54
Total $118.34 $125.40
Change $7.06/mo.

Table 4: Commercial Organic Rates
Size Frequency (per week) Extra Pickup
1 2 3
Cart (65 gal.) $94.11 $188.22 $282.34 $37.64
Cart (95 gal.) $106.15 $212.29 $318.44 $42.46
2 Cubic Yards $172.15 $344.29 $516.44 $68.86
3 Cubic Yards $220.28 $440.56 $660.84 $88.11
Staff reviewed EDCO's request and determined the proposed rates to be in compliance with the franchise agreement and consistent with the method and formula contained in Resolution 20-034.

Since the City Council previously held a public hearing and approved pass-through/inflationary adjustments through June 30, 2025, staff is recommending that the City Council confirm the proposed rate schedule effective July 1, 2022, by adopting the proposed resolution {Attachment B). The formula for the solid waste fee adjustment will be applied to all customer rate categories: single family residential, commercial, multifamily residential, and roll-off services.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act {CEQA). 3 of41
May 17, 2022, Item #7
Fiscal Impact:

This action will result in an estimated increase to the City's Solid Waste Franchise Fee account (1000- 77730) of up to $143,502.

Public Notification:

None.

Attachments:

A. Resolution No. 20-034
B. Proposed Resolution
C. EDCO Solid Waste Rate Adjustment Request
Reviewed/ Approved By:

Wendy serman
Assistant City Manager
4 of41
--
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 17, 2022, Item #7
RESOLUTION NO. 20-034

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING AN ADJUSTMENT TO THE

EDCO WASTE AND RECYCLING SERVICES RATE SCHEDULE
AND RESCINDING RESOLUTION NO. 19-026
WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions the authority to assess solid waste fees to meet state-mandated costs associated with the passage of AB 939;
WHEREAS, the City Council awarded the exclusive Solid Waste Franchise Agreement to Mashburn Waste and Recycling Services on September 21, 1994; and Mashburn became EDCO Waste and Recycling Services (Contractor) in 1998;
WHEREAS, the City Council revised Article 8 of the Franchise Agreement between the City of Poway and Contractor by adding AB 939 fees as an additional criterion for the annual adjustment of monthly rates upward or downward;
WHEREAS, Article 8 of the Franchise Agreement requires City Council approval prior to any increase in the Contractor's service rates;
WHEREAS, Article 8 of the Franchise Agreement allows the Contractor to request an adjustment to monthly rates due to the Contractor•s increased costs resulting from changes in landfill disposal fees, changes in the Consumer Price Index (CPI) or special circumstances; WHEREAS, the current rate schedule (attached hereto as Exhibit A) has been revised to reflect the effects of a 2.59 percent landfill disposal fee increase, a 1.93 percent change in the CPI, various commercial organic waste collection service fees, and a $3.68 per month residential organic recycling fee to be implemented when EDCO's Anaerobic Digestion Facility becomes operational;
WHEREAS, the City Council of the City of Poway held a public hearing on June 2, 2020, notice of which was duly provided, and which was conducted, pursuant to the provisions of Article XI 11 D of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code section 57350 et seq.);
WHEREAS, the City Council received a final tabulation of all written protests received by the City Clerk at the June 2, 2020 City Council Meeting; WHEREAS, the City Council heard and considered all written and oral protests to the proposed changes to the rates at the public hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: That the above recitations are true and correct; SECTION 2: The City Council finds that a total of ~:... :1 protests to the proposed increase in rates were received at the time of the conclusion of the public hearing and that no majority protest exists;
s of41 ATTACHMENT A
May 17, 2022, Item #7
Resolution No. 20-034

Page 2 ends

SECTION 3: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" effective July 1, 2020, is hereby adopted as shown in Exhibit A and attached hereto; SECTION 4: The fees adopted herein are for the exclusive right to collect from and charge Poway customers for solid waste, recyclables, yard waste, compostables and other services at rates fixed by the City Council from time to time; SECTION 5: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" shall be implemented on July 1, 2020, to correspond with the next regular billing cycle following the effective date of the rate increase;
SECTION 6: The following tables provide the formula for future increases of the "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Trash and Recycling in the City of Poway" to be charged through June 30, 2025; Service Fee
The Franchise Agreement with EDCO allows for an annual increase of the service fee, effective July 1 of each year. The following table uses a formula and the San Diego, CA area CPI for All Urban Consumers (all items), base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12-month period for which statistics are available.

The adjustment is calculated by comparing the San Diego CPI for the second half of year one (X) with the second half of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the service component of the base rate.

SERVICE FEE PORTION FORMULA
Rate Increase for Service Fee Portion FY 2021-22
Previous CPI Second Half SD-Carlsbad 2019
Previous CPI Second Half SD-Carlsbad 2020
Index Chan e
Percentage Change
Previous CPI Second Half
Previous CPI Second Half
Index Chan e
Percentage Change
Previous CPI Second Half
Previous CPI Second Half
Index Chan e
Percentage Change
6 of41
X
y
Subtract X from Y = Chan e
Divide the Index Change by X and multiply
b 100 = Percent a e Chan e
Subtract X from Y = Chan e
Divide the Index Change by X and multiply
b 100 = Percenta e Chan e
Subtract X from Y = Chan e
Divide the Index Change by X and multiply
by 100 = Percentage Change
May 17, 2022, Item #7
Resolution No. 20-034

Page 3 ends

SERVICE FEE PORTION FORMULA
Rate Increase for Service Fee Portion FY 2024-25
Previous CPI Second Half (SD-Carlsbad) 2022 X
Previous CPI Second Half (SD-Carlsbad) 2023 y
Index Change Subtract X from Y = Change
Percentage Change Divide the Index Change by X and multiply by 100 = Percentage Change
Disposal Fee
The Franchise Agreement with EDCO and the Regional Solid Waste Association allows for an annual increase of the disposal tip fee, effective July 1 of each year. The following table uses a formula and the Los Angles-Anaheim-Riverside, CA area (CPI) for all items, base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12-month period for which statistics are available.

The adjustment is calculated by comparing the Los Angeles-Anaheim-Riverside CPI for the latest 12-month period for which statistics are available. The adjustment is calculated by subtracting the previous CPI for December of year one (X) and the last CPI for December of year two (Y) which produces an index change. This number is divided by the previous period (X) and multiplied by 100 which is the value used as the multiplier for the disposal tip fee component of the base rate.

DISPOSAL TIP FEE PORTION FORMULA
Rate Increase for Disposal Tip Fee Portion FY 2021-22
Previous CPI December (LA) 2019
Previous CPI December (LA) 2020
Index Change
Percentage Change
X
y
Subtract X from Y = Change
Divide the Index Change by X and multiply by 100 =
Percentage Change
Rate Increase for Disposal Tip Fee Portion FY 2022-23
Previous CPI December (LA) 2020
Previous CPI December (LA) 2021
Index Change
Percentage Change
X
y
Subtract X from Y = Change
Divide the Index Change by X and multiply by 100 =
Percentage Change
No Rate Increase for FY 2023-24 Tip Fee Portion -It will be the same as FY 2022-23 Previous CPI December (LA) 2021
Previous CPI December (LA) 2022
Index Change
Percentage Change
X
y
Subtract X from Y = Change
Divide the Index Change by X and multiply by 100 =
Percentage Change
Rate Increase for Disposal Tip Fee Portion FY 2024-25
Previous CPI December (LA) 2022
Previous CPI December (LA) 2023
Index ChanQe
Percentage Change
7 of 41
X
y
Subtract X from Y = Change
Divide the Index Change by X and multiply by 100 =
Percentage Change
May 17, 2022, Item #7
Resolution No. 20-034

Page 4 ends

This percent change may be adjusted by applying a calculation that includes, in part, a modifier of the percent increase of the previous year's increase in waste tonnage. Any adjustment to the base multiplier will modify the disposal tip fee component of the formula. This cannot be determined in advance.

SECTION 7: The changes in fees shall take effect on July 1, 2020 at which time Resolution 19-026 will be hereby rescinded.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of June, 2020 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DI SQUALi Fl ED:

ATTEST:

MULLIN, LEONARD, GROSCH, FRANK, VAUS
NONE
NONE
NONE
Steve Vaus, Mayor
Faviola~ a, CMC, City Clerk
8 of 41
May 17, 2022, Item #7

EXHIBIT A
Resolution No. 20-034

Page 5 ends

SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR

COLLECTION SERVICES OF TRASH AND RECYCLING IN THE CITY OF POWAY EFFECTIVE July 1, 2020 through June 30, 2021
Residential Services Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
Single Family weekly 35-gal. waste cart, includes $15.42 $15.73 recycling and yard waste (Billed to Occupant)
Single Family weekly 95-gal. waste cart, includes $22.33 $22.78 recycling and yard waste (Billed to Occupant)
Single Family weekly 35-gal. waste cart, includes $14.86 $15.16 recycling and yard waste (Billed to HOA)
Single Family weekly 95-gal. waste cart, includes $21.73 $22.17 recycling and yard waste (Billed to HOA)
Multi-family weekly 95-gal. waste cart, includes recycling $15.87 $16.19 and yard waste (Billed to Occupant)
Multi-family weekly 95-gal. waste cart, includes recycling $15.22 $15.52 and yard waste (Billed to HOA)
Commingled Organic Recycling Fee N/A $3.68
Special on-call pickup of items separate from and $15.97 $15.97 dissimilar to items listed in section 5.3 of Agreement
( cost per item)
Surcharge of special on-call pickup of refrigerator or $47.96 $47.96 other appliance that requires special handling due to
Freon or similar contaminants
Fee for additional organic/green waste cart NIA $3.11
Fee for additional waste cart $3.66 $3.66
Fee for additional recycling cart No Charge No Charge
9 of 41
May 17, 2022, Item #7
Multi-family Services (Excludes Yard Waste)
1-Cu. Yd. Bin Service - 1 X Week
1-Cu. Yd. Bin Service - 2 X Week
1-Cu. Yd. Bin Service - 3 X Week
1-Cu. Yd. Bin Service -4 X Week
1-Cu. Yd. Bin Service - 5 X Week
1-Cu. Yd. Bin Service - 6 X Week
2-Cu. Yd. Bin Service - 1 X Week
2-Cu. Yd. Bin Service - 2 X Week
2-Cu. Yd. Bin Service - 3 X Week
2-Cu. Yd. Bin Service - 4 X Week
2-Cu. Yd. Bin Service -5 X Week
2-Cu. Yd. Bin Service - 6 X Week
3-Cu. Yd. Bin Service -1 X Week
3-Cu. Yd. Bin Service - 2 X Week
3-Cu. Yd. Bin Service - 3 X Week
3-Cu. Yd. Bin Service -4 X Week
3-Cu. Yd. Bin Service - 5 X Week
3-Cu. Yd. Bin Service -6 X Week
4-Cu. Yd. Bin Service -1 X Week
4-Cu. Yd. Bin Service -2 X Week
4-Cu. Yd. Bin Service -3 X Week
4-Cu. Yd. Bin Service -4 X Week
4-Cu. Yd. Bin Service -5 X Week
4-Cu. Yd. Bin Service -6 X Week
5-Cu. Yd. Bin Service -1 X Week
5-Cu. Yd. Bin Service -2 X Week
5-Cu. Yd. Bin Service - 3 X Week
5-Cu. Yd. Bin Service -4 X Week
5-Cu. Yd. Bin Service -5 X Week
5-Cu. Yd. Bin Service - 6 X Week
6-Cu. Yd. Bin Service -1 X Week
6-Cu. Yd. Bin Service -2 X Week
6-Cu. Yd. Bin Service -3 X Week
6-Cu. Yd. Bin Service -4 X Week
6-Cu. Yd. Bin Service -5 X Week
6-Cu. Yd. Bin Service -6 X Week
10 of 41
Resolution No. 20-034

Page 6 ends

Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
$70.76 $72.17
$117.91 $120.29
$165.10 $168.42
$206.37 $210.54
$247.66 $252.68
$288.94 $294.81
$85.82 $87.60
$143.13 $146.13
$200.44 $204.67
$251.42 $256.74
$302.36 $308.81
$353.27 $360.79
$123.61 $126.18
$206.42 $210.79
$289.23 $295.38
$363.00 $370.76
$436.78 $446.16
$510.56 $521.54
$129.68 $132.44
$216.28 $220.97
$302.82 $309.44
$368.27 $376.40
$458.99 $469.14
$536.88 $548.80
$144.72 $147.84
$239.67 $244.96
$334.60 $342.08
$424.93 $434.50
$515.37 $526.96
$605.78 $619.43
$155.32 $158.72
$256.27 $262.01
$357.29 $365.38
$453.69 $464.04
$550.10 $562.71
$646.56 $661.42
May 17, 2022, Item #7
Multi-family Services (Includes Yard Waste)
1-Cu. Yd. Bin Service -1 X Week
1-Cu. Yd. Bin Service -2 X Week
1-Cu. Yd. Bin Service -3 X Week
1-Cu. Yd. Bin Service -4 X Week
1-Cu. Yd. Bin Service -5 X Week
1-Cu. Yd. Bin Service -6 X Week
2-Cu. Yd. Bin Service -1 X Week
2-Cu. Yd. Bin Service -2 X Week
2-Cu. Yd. Bin Service -3
X Week
2-Cu. Yd. Bin Service -4 X Week
2-Cu. Yd. Bin Service -
5 X Week
2-Cu. Yd. Bin Service -6 X Week
3-Cu. Yd. Bin Service -1
X Week
3-Cu. Yd. Bin Service - 2 X Week
3-Cu. Yd. Bin Service -3 X Week
3-Cu. Yd. Bin Service - 4 X Week
3-Cu. Yd. Bin Service -5 X Week
3-Cu. Yd. Bin Service -6
X Week
4-Cu. Yd. Bin Service -1 X Week
4-Cu. Yd. Bin Service -2 X Week
4-Cu. Yd. Bin Service -3 X Week
4-Cu. Yd. Bin Service -4 X Week
4-Cu. Yd. Bin Service -5 X Week
4-Cu. Yd. Bin Service -6 X Week
5-Cu. Yd. Bin Service -1 X Week
5-Cu. Yd. Bin Service -2
X Week
5-Cu. Yd. Bin Service -3 X Week
5-Cu. Yd. Bin Service - 4 X Week
5-Cu. Yd. Bin Service -5 X Week
5-Cu. Yd. Bin Service - 6 X Week
6-Cu. Yd. Bin Service -1 X Week
6-Cu. Yd. Bin Service -2 X Week
6-Cu. Yd. Bin Service -3 X Week
6-Cu. Yd. Bin Service -4 X Week
6-Cu. Yd. Bin Service -5 X Week
6-Cu. Yd. Bin Service -6 X Week
11 of 41
Resolution No. 20-034

Page 7 ends

Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
$78.14 $79.70
$130.24 $132.86
$182.34 $186.00
$227.87 $232.46
$273.43 $278.96
$319.02 $325.47
$94.90 $96.86
$158.22 $161.51
$221.53 $226.17
$277.86 $283.69
$334.19 $341.26
$390.59 $398.83
$136.72 $139.54
$228.31 $233.10
$319.94 $326.69
$401.53 $410.03
$483.11 $493.38
$564.76 $576.79
$143.43 $146.46
$239.31 $244.44
$335.08 $342.32
$421.43 $430.60
$507.91 $519.01
$594.10 $607.12
$160.17 $163.59
$265.26 $271.03
$370.36 $378.53
$470.59 $481.03
$570.47 $583.12
$670.58 $685.49
$171.78 $175.50
$283.49 $289.76
$395.20 $404.02
$501.81 $513.10
$608.48 $622.21
$715.12 $731.32
May 17, 2022, Item #7
Commercial Services
1-Cu. Yd. Bin Service - 1 X Week
1-Cu. Yd. Bin Service -2 X Week
1-Cu. Yd. Bin Service - 3 X Week
1-Cu. Yd. Bin Service - 4 X Week
1-Cu. Yd. Bin Service - 5 X Week
1-Cu. Yd. Bin Service - 6 X Week
2-Cu. Yd. Bin Service -1 X Week
2-Cu. Yd. Bin Service -2 X Week
2-Cu. Yd. Bin Service -3 X Week
2-Cu. Yd. Bin Service -4 X Week
2-Cu. Yd. Bin Service -5 X Week
2-Cu. Yd. Bin Service -6 X Week
3-Cu. Yd. Bin Service -1 X Week
3-Cu. Yd. Bin Service -
2 X Week
3-Cu. Yd. Bin Service -3 X Week
3-Cu. Yd. Bin Service -4 X Week
3-Cu. Yd. Bin Service -
5 X Week
3-Cu. Yd. Bin Service - 6 X Week
4-Cu. Yd. Bin Service -1 X Week
4-Cu. Yd. Bin Service -2 X Week
4-Cu. Yd. Bin Service -3 X Week
4-Cu. Yd. Bin Service - 4 X Week
4-Cu. Yd. Bin Service -5 X Week
4-Cu. Yd. Bin Service -6 X Week
5-Cu. Yd. Bin Service -1 X Week
5-Cu. Yd. Bin Service - 2 X Week
5-Cu. Yd. Bin Service - 3 X Week
5-Cu. Yd. Bin Service -4 X Week
5-Cu. Yd. Bin Service -
5 X Week
5-Cu. Yd. Bin Service -6 X Week
6-Cu. Yd. Bin Service -1 X Week
6-Cu. Yd. Bin Service -2 X Week
6-Cu. Yd. Bin Service -3 X Week
6-Cu. Yd. Bin Service -4 X Week
6-Cu. Yd. Bin Service - 5 X Week
6-Cu. Yd. Bin Service -6 X Week
12 of 41
Resolution No. 20-034

Page 8 ends

Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
$66.89 $68.26
$120.10 $122.57
$176.14 $179.76
$232.18 $236.94
$288.22 $294.14
$344.26 $351.33
$78.76 $80.42
$151.74 $154.96
$224.76 $229.52
$297.80 $304.11
$370.69 $378.58
$443.70 $453.11
$114.02 $116.43
$190.97 $195.08
$267.96 $273.77
$336.73 $344.08
$405.50 $414.39
$474.29 $484.71
$120.48 $123.09
$203.81 $208.31
$287.13 $293.52
$370 .. 51 $378.79
$454.06 $464.23
$537.20 $549.27
$134.59 $137.54
$266.21 $272.06
$397.24 $406.01
$528.29 $539.94
$659.40 $673.89
$790.43 $807.80
$145.76 $149.00
$291.46 $297.92
$437.27 $446.98
$583.00 $595.94
$689.06 $704.47
$865.00 $884.23
May 17, 2022, Item #7
Commercial Recycling Services
Weekly 2-Cu. Yd. Bin Service
Weekly 3-Cu. Yd. Bin Service
Weekly 4-Cu. Yd. Bin Service
Weekly 5-Cu. Yd. Bin Service
Weekly 6-Cu. Yd. Bin Service
95-Gallon Recycling Cart
Industrial Debris Box Services
Total Scheduled Debris Box Serviced Monthly
Unscheduled Debris Box Pulls (40-Cubic Yards)
RSWA Trash Rate per ton, including Franchise Fee COi
Rate Per Ton
3-Cubic Yard Bin -3-Day Rental
3-Cubic Yard Bin -1-Month Rental (Once-a-Week
Emptying [Preliminary Construction & Remote])
Additional Dump of 3-Cubic Yard Bin
Daily Roll-Off Rental
Locking Lid Set Up
Daily Impound Fee for Storage of Unauthorized
Containers
Service Charge to Reinstate Collection Services After
Termination for Non-Payment
Commercial Commingled Organics
Cart (65 gal.) -1 x Week
Cart (65 gal.) -2 x Week
Cart (65 gal.) -3 x Week
Cart (65 gal.) -Extra Pickup
Cart (65 gal.) -Additional Container x 1
Cart (65 gal.) -Additional Container x 2
Cart (65 gal.) -Additional Container x 3
Cart (96 gal.) - 1 x Week
Cart (96 gal.) - 2 x Week
Cart (96 gal.) -3 x Week
13 of 41
Resolution No. 20-034

Page 9 ends

Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
$34.23 $34.89
$42.74 $43.57
$51.30 $52.29
$59.83 $60.98
$59.83 $60.98
$17.49 $17.83
Current Proposed
EDCO Rate EDCO Rate
7/1/19 7/1/20
$176.77 $180/.19
$190.43 $194.11
$49.32 $50.60
Tip Plus FF Tip Plus FF
$63.40 $64.63
$252.86 $257.74
$28.94 $29.50
$5.12 $5.22
$9.99 $10.19
$22.62 $23.06
$14.55 $14.83
Proposed
EDCO Rate
7/1/20
$87.02
$174.03
$261.05
$34.81
$82.67
$165.33
$248.00
$98.14
$196.28
$294.43
May 17, 2022, Item #7
Cart (96 gal.) -Extra Pickup
Cart (96 gal.) -Additional Container x 1
Cart (96 gal.) -Additional Container x 2
Cart (96 gal.) -Additional Container x 3
2 Cubic Yard -1 x Week
2 Cubic Yard -2 x Week
2 Cubic Yard -3 x Week
2 Cubic Yard -Extra Pickup
2 Cubic Yard -Additional Container x 1
2 Cubic Yard -Additional Container x 2
2 Cubic Yard -Additional Container x 3
14 of 41
Resolution No. 20-034

Page 10 ends

$39.26
$93.23
$186.47
$279.70
$159.17
$318.34
$477.50
$63.67
$151.21
$302.42
$453.63
May 17, 2022, Item #7
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING AN ADJUSTMENT TO

EDCO WASTE AND RECYCLING SERVICES' RATE
SCHEDULE AND RESCINDING RESOLUTION NO. 21-028
WHEREAS, the Public Resources Code Section 41901 provides local jurisdictions the authority to assess solid waste fees to meet state-mandated costs associated with the passage of AB 939;
WHEREAS, the City Council awarded the exclusive Solid Waste Franchise Agreement to Mashburn Waste and Recycling Services (Contractor) on September 21, 1994; and Mashburn became EDCO Waste and Recycling Services, Inc. in 1998; WHEREAS, the City Council revised Article 8 of the Franchise Agreement between the City of Poway and EDCO Waste and Recycling Services by adding AB 939 fees as an additional criterion for the annual adjustment of monthly rates upward or downward; WHEREAS, Article 8 of the Franchise Agreement requires City Council approval prior to any increase in the Contractor's service rates; WHEREAS, Article 8 of the Franchise Agreement allows the Contractor to request an adjustment to monthly rates due to the Contractor's increased costs resulting from changes in landfill disposal fees, and changes in the Consumer Price Index (CPI); WHEREAS, the City Council held a public hearing on June 2, 2020, notice of which was duly provided, and which was conducted, pursuant to the provisions of Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act (California Government Code section 53750 et seq.), and adopted Resolution No. 20- 034, approving an adjustment to EDCO Waste and Recycling Services' rate schedule and providing the formula for future increases of the Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway to be charged through June 30, 2025; and
WHEREAS, on June 1, 2021, the City Council adopted Resolution No. 21-028, approving an adjustment to Contractor's service rates consistent with the method and formula prescribed in Resolution No. 20-034; and
WHEREAS, the current rate schedule has been revised consistent with the method and formula prescribed in Resolution No. 20-034.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:

SECTION 1: Resolution No. 21-028 is hereby rescinded.
15 of 41 ATTACHMENT B
May 17, 2022, Item #7
SECTION 2: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway" effective July 1, 2022, is hereby confirmed as shown in Exhibit A.

Section 3: The fees adopted herein are for the exclusive right to collect from and charge Poway customers for solid waste, recyclables, yard waste, compostables, and other services at rates fixed by the City Council from time to time.

Section 4: The attached "Schedule of Maximum Rates to be Charged and Collected for Collection Services of Solid Waste in the City of Poway" shall be implemented on July 1, 2022, to correspond with the next regular billing cycle following the effective date of the rate increase.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of May, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
16 of 41
May 17, 2022, Item #7

EXHIBIT A

SCHEDULE OF MAXIMUM RATES TO BE CHARGED AND COLLECTED FOR

COLLECTION SERVICES OF SOLID WASTE IN THE CITY OF POWAY EFFECTIVE July 1, 2022, through June 30, 2023
Residential Services Current Proposed
EDCO Rate EDCO Rate
07/01/21 07/01/22
Single Family weekly 35-gal. waste cart, includes
recycling and yard waste (Billed to Occupant) $19.71 $20.82 Single Family weekly 95-gal. waste cart, includes
recycling and yard waste (Billed to Occupant) $26.87 $28.43 Single Family weekly 35-gal. waste cart, includes
recycling and yard waste (Billed to HOA) $19.13 $20.21
Single Family weekly 95-gal. waste cart, includes
recycling and yard waste (Billed to HOA) $26.24 $27.78
Multi-family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to Occupant) $20.17 $21.31
Multi-family weekly 95-gal. waste cart, includes recycling and yard waste (Billed to HOA) $19.49 $20.59
Special on-call pickup of items separate from and
dissimilar to items listed in section 5.3 of Agreement $16.23 $17.27 ( cost per item)
Surcharge of special on-call pickup of refrigerator or
other appliance that requires special handling due to $48.77 $51.87 Freon or similar contaminants
Fee for additional organic/green waste cart $3.17 $3.36 Fee for additional waste cart $3.72 $3.96
Fee for additional recycling cart No Charge No Charge
17 of 41
May 17, 2022, Item #7
Multi-family Services (Excludes Yard Waste) Current Proposed EDCO Rate EDCO Rate
07/01/21 07/01/22
1-Cu. Yd. Bin Service - 1 X Week $73.36 $77.79
1-Cu. Yd. Bin Service - 2 X Week $122.24 $129.56
1-Cu. Yd. Bin Service - 3 X Week $171.16 $181.34
1-Cu. Yd. Bin Service - 4 X Week $213.96 $226.63
1-Cu. Yd. Bin Service - 5 X Week $256.76 $271.93
1-Cu. Yd. Bin Service - 6 X Week $299.57 $317.23
2-Cu. Yd. Bin Service - 1 X Week $89.02 $94.30
2-Cu. Yd. Bin Service - 2 X Week $148.49 $157.17
2-Cu. Yd. Bin Service - 3 X Week $207.94 $220.02
2-Cu. Yd. Bin Service - 4 X Week $260.84 $275.90
2-Cu. Yd. Bin Service - 5 X Week $313.72 $331.71
2-Cu. Yd. Bin Service - 6 X Week $366.52 $387.54
3-Cu. Yd. Bin Service - 1 X Week $128.23 $135.84
3-Cu. Yd. Bin Service - 2 X Week $214.19 $226.74
3-Cu. Yd. Bin Service - 3 X Week $300.13 $317.61
3-Cu. Yd. Bin Service -4 X Week $376.70 $398.52
3-Cu. Yd. Bin Service - 5 X Week $453.30 $479.46
3-Cu. Yd. Bin Service - 6 X Week $529.88 $560.38
4-Cu. Yd. Bin Service - 1 X Week $134.59 $142.46
4-Cu. Yd. Bin Service - 2 X Week $224.50 $237.40
4-Cu. Yd. Bin Service - 3 X Week $314.37 $332.30
4-Cu. Yd. Bin Service - 4 X Week $382.34 $403.92
4-Cu. Yd. Bin Service - 5 X Week $476.56 $503.43
4-Cu. Yd. Bin Service - 6 X Week $557.47 $588.82
5-Cu. Yd. Bin Service - 1 X Week $150.22 $158.94
5-Cu. Yd. Bin Service - 2 X Week $248.86 $263.01
5-Cu. Yd. Bin Service - 3 X Week $347.48 $366.98
5-Cu. Yd. Bin Service - 4 X Week $441.33 $465.94
5-Cu. Yd. Bin Service - 5 X Week $535.24 $565.11
5-Cu. Yd. Bin Service - 6 X Week $629.17 $664.17
6-Cu. Yd. Bin Service - 1 X Week $161.27 $170.53
6-Cu. Yd. Bin Service - 2 X Week $266.16 $281.11
6-Cu. Yd. Bin Service - 3 X Week $371.12 $391.77
6-Cu. Yd. Bin Service - 4 X Week $471.31 $497.34
6-Cu. Yd. Bin Service - 5 X Week $571.50 $602.92
6-Cu. Yd. Bin Service - 6 X Week $671.72 $708.53
18 of 41
May 17, 2022, Item #7
Multi-family Services (Includes Yard Waste) Current Proposed EDCO Rate EDCO Rate
07/01/21 07/01/22
1-Cu. Yd. Bin Service - 1 X Week $81.01 $85.93
1-Cu. Yd. Bin Service - 2 X Week $135.02 $143.14
1-Cu. Yd. Bin Service - 3 X Week $189.03 $200.36
1-Cu. Yd. Bin Service - 4 X Week $236.23 $250.33
1-Cu. Yd. Bin Service - 5 X Week $283.48 $300.36
1-Cu. Yd. Bin Service - 6 X Week $330.73 $350.39
2-Cu. Yd. Bin Service - 1 X Week $98.43 $104.31
2-Cu. Yd. Bin Service - 2 X Week $164.12 $173.79
2-Cu. Yd. Bin Service - 3 X Week $229.81 $243.28
2-Cu. Yd. Bin Service - 4 X Week $288.24 $305.04
2-Cu. Yd. Bin Service - 5 X Week $346.72 $366.81
2-Cu. Yd. Bin Service - 6 X Week $405.21 $428.69
3-Cu. Yd. Bin Service - 1 X Week $141.82 $150.30
3-Cu. Yd. Bin Service - 2 X Week $236.89 $250.89
3-Cu. Yd. Bin Service - 3 X Week $331.98 $351.48
3-Cu. Yd. Bin Service - 4 X Week $416.64 $441.00
3-Cu. Yd. Bin Service - 5 X Week $501.32 $530.53
3-Cu. Yd. Bin Service - 6 X Week $586.06 $620.12
4-Cu. Yd. Bin Service - 1 X Week $148.83 $157.61
4-Cu. Yd. Bin Service - 2 X Week $248.38 $262.80
4-Cu. Yd. Bin Service - 3 X Week $347.81 $367.87
4-Cu. Yd. Bin Service - 4 X Week $437.47 $462.54
4-Cu. Yd. Bin Service - 5 X Week $527.28 $557.38
4-Cu. Yd. Bin Service - 6 X Week $616.78 $651.90
5-Cu. Yd. Bin Service - 1 X Week $166.23 $175.97
5-Cu. Yd. Bin Service - 2 X Week $275.38 $291.22
5-Cu. Yd. Bin Service - 3 X Week $384.56 $406.41
5-Cu. Yd. Bin Service - 4 X Week $488.67 $516.29
5-Cu. Yd. Bin Service - 5 X Week $592.36 $625.84
5-Cu. Yd. Bin Service - 6 X Week $696.34 $735.61
6-Cu. Yd. Bin Service - 1 X Week $178.32 $188.68
6-Cu. Yd. Bin Service - 2 X Week $294.97 $311.11
6-Cu. Yd. Bin Service - 3 X Week $410.42 $433.57
6-Cu. Yd. Bin Service - 4 X Week $521.20 $550.40
6-Cu. Yd. Bin Service - 5 X Week $632.01 $667.27
6-Cu. Yd. Bin Service - 6 X Week $742.81 $784.13
19 of 41
May 17, 2022, Item #7
Commercial Services Current Proposed
EDCO Rate EDCO Rate
07/01/21 07/01/22
1-Cu. Yd. Bin Service - 1 X Week $69.40 $73.66
1-Cu. Yd. Bin Service - 2 X Week $124.60 $132.22
1-Cu. Yd. Bin Service - 3 X Week $182.74 $193.90
1-Cu. Yd. Bin Service - 4 X Week $240.88 $255.58
1-Cu. Yd. Bin Service - 5 X Week $299.02 $317.27
1-Cu. Yd. Bin Service - 6 X Week $357.17 $378.96
2-Cu. Yd. Bin Service - 1 X Week $81.74 $86.64
2-Cu. Yd. Bin Service - 2 X Week $157.50 $166.90
2-Cu. Yd. Bin Service - 3 X Week $233.29 $247.21
2-Cu. Yd. Bin Service - 4 X Week $309.09 $327.51
2-Cu. Yd. Bin Service - 5 X Week $384.78 $407.67
2-Cu. Yd. Bin Service - 6 X Week $460.53 $487.98
3-Cu. Yd. Bin Service - 1 X Week $118.34 $125.40
3-Cu. Yd. Bin Service - 2 X Week $198.26 $209.96
3-Cu. Yd. Bin Service - 3 X Week $278.21 $294.53
3-Cu. Yd. Bin Service - 4 X Week $349.66 $370.06
3-Cu. Yd. Bin Service - 5 X Week $421.09 $445.59
3-Cu. Yd. Bin Service - 6 X Week $492.54 $521.12
4-Cu. Yd. Bin Service - 1 X Week $125.09 $132.43
4-Cu. Yd. Bin Service - 2 X Week $211.67 $223.91
4-Cu. Yd. Bin Service - 3 X Week $298.24 $315.39
4-Cu. Yd. Bin Service - 4 X Week $384.86 $406.90
4-Cu. Yd. Bin Service - 5 X Week $471.67 $498.62
4-Cu. Yd. Bin Service - 6 X Week $558.06 $589.90
5-Cu. Yd. Bin Service - 1 X Week $139.77 $147.90
5-Cu. Yd. Bin Service - 2 X Week $276.46 $292.51
5-Cu. Yd. Bin Service - 3 X Week $412.56 $436.42
5-Cu. Yd. Bin Service - 4 X Week $548.66 $580.39
5-Cu. Yd. Bin Service - 5 X Week $684.77 $724.50
5-Cu. Yd. Bin Service - 6 X Week $820.84 $868.48
6-Cu. Yd. Bin Service - 1 X Week $151.40 $160.12
6-Cu. Yd. Bin Service - 2 X Week $302.71 $320.13
6-Cu. Yd. Bin Service - 3 X Week $454.17 $480.31
6-Cu. Yd. Bin Service - 4 X Week $605.53 $640.40
6-Cu. Yd. Bin Service - 5 X Week $715.77 $756.72
6-Cu. Yd. Bin Service - 6 X Week $898.43 $950.10
20 of 41
May 17, 2022, Item #7
Commercial Recycling Services
Current Proposed
EDCO Rate EDCO Rate
07/01/21 07/01/22
Weekly 2-Cu. Yd. Bin Service $35.48 $37.73
Weekly 3-Cu. Yd. Bin Service $44.31 $47.12
Weekly 4-Cu. Yd. Bin Service $53.18 $56.56
Weekly 5-Cu. Yd. Bin Service $62.02 $65.96
Weekly 6-Cu. Yd. Bin Service $62.02 $65.96
95-Gallon Recycling Cart $18.13 $19.28
Industrial Debris Box Services
Current Proposed
EDCO Rate EDCO Rate
07/01/21 07/01/22
Total Scheduled Debris Box Serviced Monthly $183.25 $194.89 Unscheduled Debris Box Pulls (40-Cubic Yards) $197.41 $209.94 RSWA Trash Rate per ton, including Franchise Fee $51.36 $53.92 COi Rate Per Ton
3-Cubic Yard Bin -3-Day Rental $65.73 $69.90
3-Cubic Yard Bin -1-Month Rental (Once-a-Week $262.12 $278.76 Emptying [Preliminary Construction & Remote])
Additional Dump of 3-Cubic Yard Bin $30.00 $31.90
Daily Roll-Off Rental $5.31 $5.65
Locking Lid Set Up $10.36 $11.02
Daily Impound Fee for Storage of Unauthorized $23.45 $24.94 Containers
Service Charge to Reinstate Collection Services After $15.08 $16.04 Termination for Non-Payment
Commercial Commingled Organics
Current Proposed
EDCO Rate EDCO Rate
07/01/21 07/01/22
Cart (65 gal.) - 1 x Week $88.49 $94.11
Cart (65 gal.) - 2 x Week $176.99 $188.22
Cart (65 gal.) - 3 x Week $265.48 $282.34
Cart (65 gal.) -Extra Pickup $35.40 $37.64
Cart (65 gal.) -Additional Container x 1 $84.07 $89.41
Cart (65 gal.) -Additional Container x 2 $168.14 $178.81 Cart (65 gal.) -Additional Container x 3 $252.21 $268.22 Cart (96 gal.) - 1 x Week $99.81 $106.15
Cart (96 gal.) - 2 x Week $199.62 $212.29
21 of 41
May 17, 2022, Item #7
Cart (96 gal.) - 3 x Week $299.42 $318.44
Cart (96 gal.) -Extra Pickup $39.92 $42.46
Cart (96 gal.) -Additional Container x 1 $94.82 $100.84 Cart (96 gal.) -Additional Container x 2 $189.64 $201.68 Cart (96 gal.) -Additional Container x 3 $284.45 $302.51 2 Cubic Yard - 1 x Week $161.87 $172.15
2 Cubic Yard - 2 x Week $323.74 $344.29
2 Cubic Yard - 3 x Week $485.61 $516.44
2 Cubic Yard -Extra Pickup $64.75 $68.86
2 Cubic Yard -Additional Container x 1 $153.78 $163.54
2 Cubic Yard -Additional Container x 2 $307.55 $327.08
2 Cubic Yard -Additional Container x 3 $461.33 $490.62
3 Cubic Yard - 1 x Week $207.13 $220.28
3 Cubic Yard - 2 x Week $414.26 $440.56
3 Cubic Yard - 3 x Week $621.38 $660.84
3 Cubic Yard -Extra Pickup $82.85 $88.11
3 Cubic Yard -Additional Container x 1 $196.77 $209.27
3 Cubic Yard -Additional Container x 2 $393.54 $418.53
3 Cubic Yard -Additional Container x 3 $590.31 $627.80
22 of 41
May 17, 2022, Item #7

REVISED
Mr. Izzy Murguia
City of Poway
Department of Public Works

1.3325 Civic Center Drive
Poway, CA 92064
RE: Waste Collection Service Fee Adjustment
Dear Izzy:

Apri I 26, 2022
Article 8 of the Poway Solid Waste Franchise Agreement allows annual rate adjustments based on increases in the San Diego area Consumer Price Index (CPI) and increases in solid waste tip fees under the Regional Solid Waste Association agreement, to which Poway is a party. Under the provisions of the franchise, EDCO Waste & Recycling Services is requesting a rate adjustment effective July 1, 2022.

CPI Adjustment
To calculate the CPI portion of the adjustment, the second half of the 2020 index (305.823) was compared to the second half of 2021 index (325.24 I) which produced a 19.418 point change or

6.349% increase. The CPI indexes are attached for your reference. The 6.349% increase is applied to current rates after franchise fees, AB939 and disposal fees are deducted from the current gross rate.

Regional Solid Waste Association (RSWA) Disposal. Fee Adiustment The new tip fee portion of the rate adjustment is calculated by comparing the tip fee used in the calculation of the 2021 rate of $46.22 and the tip fee effective on July l, 2022 of $48.53 which produces a 5.0% increase applied to the tip fee component of the current rate. The new rates are attached for your review.

Rate Summary
The total fee adjustments as outlined above when applied will result in residential rates increasing from $26.87 to $28.43 per month, an increase of $1.56 per month per household for customers using a 95 GaJlon Cart. Commercial rates for the most common service (a three cubic yard bin served once weekly) wou Id increase from $118 .34 to $125 .40 or $7 .06 per month. We propose to implement both residential and commercial rate changes on July 1, 2022.

Please contact me with any questions.

Sincerely, ...

Attachments
" We-' ll Take Care ,~f It"'
224 S. Las Posas I oad • an Marcos, California 92078
(760) 744-2700 • Fax: (760) 752-8339 • edcodisposal.con1 • Printed on F<ecycled FJaper 23 of 41

ATTACHMENT C
May 17, 2022, Item #7
N
6 Poway Residential Service Rates Effective 7/1/2022 .... ~ Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
Service Rate DescriRtion
Single Family 95 Gallon Cart
Single Family 35 Gallon Cart
Multi-Family, billed to Occupant, 95 Gal Cart
Mult i-Family, billed to HOA, 95 Gallon Cart
Single Family, .billed to HOA, 95 Gallon Cart
Single Family, billed to HOA, 35 Gallon Can
Other Services
Special On-Call Bulky Item Pick-up
Special Handing - Freon/ Other Contaminents
Additional Trash Cart
Additional Organics Cart - up to 3 Carts
Additional Organics Cart - Over 3 Carts
Additional Recycling Cart
% Change - CPI
Total
Rate AB939
$ 26.87 $ 1.20
S 19.71 $ 1.20
$ 20.17 $ 1.20
$ 19.49 $ 1.20
$ 26.24 $ 1.20
$ 19.13 $ 1.20
$ 16.23 $ -
$ 48.77 $ -
$ 3.72 $ -
$
$ 3.17 $ -
$ -
Net Franchise
Rate Fee
10% of net
$25.67 $2.57
$18.51 $1.85
$18.97 $1.90
$18.29 $1.83
$25.04 $2.50
$17.93 $1.79
$16.23 $1 .62
$48.77 $4.88
$3.72 $0.37
$3.17 $0.32
305.823
325.241

19.418

6.349%
Tip Fee
$4.31
$4.31
$4.31
$4.31
$4.31
$4.31
$0.00
$0.00
$0.00
$0.00
Service
Fee
S 18.79
S 12.35
S 12.76
$12.15
$18.23
$11.83
S 14.61
S43.89
$ 3.35
$ 2.85
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
% Change - Tip Fee
Rate Change
Service Franchise
Tip Fee Fee Fee

5.00% 6.349%
$0.22 $1.19 $0.15
$0.22 $0.78 $0.11
$0.22 $0.81 $0.11
$0.22 $0.77 $0.11
$0.22 $1.16 $0.16
$0.22 $0.75 $0.11
$0.00 $0.93 $0.11
$0.00 $2.79 S0.31
$0.00 $0.21 S0.03
SO.DO $0.18 $0.01
1 of 13
$ 46.22
$ 48.53
$ 2.31

5.00%
Total
Change
$1.56
$1.11
$1 .14
$1.10
$1.54
$1.08
$1.04
$3.10
$0.24
$0.00
$0.19
$0.00
% Net
Change

6.08%

6.00%

6.01%

6.01%

6.15%

6.02%

6.41%

6.36%

6.45%

5.99%
New Rate
Total Net Franchise Service
Rate AB939 Rate Fee Tip Fee Fee
10% of net
$ 28.43 S 1.20 $27.23 $2.72 $4.53 $19 .98
S 20.82 $1.20 $19.62 $1.96 $4.53 $13.13
$ 21.31 $1.20 $20.11 $2.01 $4.53 $13.57
$ 20.59 $1.20 $19.39 $1.94 S4.53 $12.92
$ 27.78 $1.20 $26.58 $2.66 $4.53 S 19.39
$ 20.21 $1.20 $19.01 S1 .90 $4.53 S 12.58
$17.27 $17.27 $1.73 SO.DO $15.54
$ 51.87 $51.87 S5.19 SO.OD $46.68
$ 3.96 $3.96 $0.40 $0.00 $ 3.56
$ -
$ 3.36 $3.36 $0.33 $0.00 $ 3.03
$
4/25/2022
May 17, 2022, Item #7
N
~ Poway Commercial Se.ryi~e~Rates Effective 7/1/2022
-t1 Commercial Bin Service
.,::.
..a.

Consumer Price Index 2nd Half 2020 305.823
Consumer Price Index 2nd Half 2021 325.241
Change 19A18
1 Cubi.c_Yard % Change - CPI 6.349%
Current Rate
Service Total Franchise
Frequency Rate Fee Tip Fee Service
1 x week $ 69.40 6.94 9.96 52.50
2 x week $ 124.60 12.46 19.92 92.22
3 x week $ 182.74 18.27 29.89 134.58
4 x week $ 240.88 24.09 39.82 176.97
5 x week $ 299.02 29.90 49.78 219.34
6 x week $ 357.17 35.72 59.74 261.71
2 Cub.ic Yard
Current Rate
Service Total Franchise
Frequency New Rate Fee Tip Fee Service
1 xweek $ 81.74 8.17 19 .92 53.65
2 xweek S 157.50 15.75 39.82 101 .93
3 xweek $ 233.29 23.33 59.74 150.22
4 xweek $ 309.09 30.91 79.68 198.50
5 x week $ 384.78 38.48 103.20 243.10
6 x week $ 460.53 46.05 119.49 294.99
EDCO Waste Recycling Services , Inc
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
¾ Change - Tip Fee
Rate Chan.9.e -Service Tip Fee Franchise

6.349% 5.00% Fee

3.33 0.50 $ 0.43

5.86 1.00 $ 0.76

8.55 1.49 $ 1.12

11.24 1.99 $ 1.47

13.93 2.49 $ 1.83

16.62 2.99 $ 2.18
Rate Chan_g_e -Service Tip Fee Franchise

6.349% 5.00% Fee

3.41 1.00 s 0.49

6.47 1,99 $ 0.94

9.54 2.99 $ 1.39

12.60 3.98 $ 1.84

15.44 5.16 $ 2.29

18.73 5.97 $ 2.75
$ 46.22
$ 48.53
$2.31

5.00%
Total
Change
s 4.26
$ 7.62
$ 11.16
$ 14.70
$ 18.25
$ 21 .79
Total
Change
$ 4.90
$ 9.40
$ 13.92
$ 18.42
$ 22.89
$ 27.45
2 of 13
New Rate
Total Franchise
New Rate Fee
$ 73.66 $7.37
$ 132.22 $13.22
$ 193.90 $19.39
$ 255.58 $25.56
$ 317.27 $31.73
$ 378.96 $37.90
New Rate
Total Franchise
New Rate Fee
$ 86.64 $8.66
$ 166.90 $16.69
$ 247.21 $24.72
$ 327.51 $32.75
$ 407.67 $40.77
$ 487.98 $48.80
s
%
Tip Fee Service Change
$ 10.46 s 55.83 6.1 4%
$ 20.92 s 98.08 6.12%
$ 31.38 s 143.13 6.11%
$ 41 .81 $ 188.21 6.10%
$ 52.27 s 233.27 6.10%
$ 62.73 $ 278.33 6.10%
%
Tip Fee Service Change
$ 20.92 s 57.06 5.99%
$ 41.81 s 108.40 5.97%
$ 62.73 $ 159.76 5.97%
$ 83.66 $ 211 .10 5.96%
$ 108.36 $ 258.54 5.95%
$ 125.46 $ 313.72 5.96%
4/25/2022
May 17, 2022, Item #7
N
O"I
~ Commercial Bin Service
.,:.
...a.
3 Q_u_pjc_'(ard
Service
Frequency
1 x week.
2 x week
3 x week
4 x week
5 xweek
6 x week
4 Cubic Yard
Service
Frequency
1 x week
2 x week
3 x week
4 x week
5 x week
6 xweek
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change • CPI
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 118.34 11 .83 29.89 76.62
$ 198.26 19.83 59.74 118.69
$ 278.21 27.82 89.63 160 .76
$ 349.66 34.97 119.49 195.20
$ 421.09 42.11 149.40 229.58
$ 492.54 49 .25 179.26 264.03
Current Rate
Total Franchise
New Rate Fee Tip Fee Service
$ 125.09 12.51 39.82 72.76
$ 211.67 21 .17 79.68 110.82
$ 298.24 29.82 119.49 148.93
$ 384.86 38.49 159.33 187.04
$ 471.67 47.17 199.18 225.32
$ 558.06 55.81 239.03 263.22
EDCO Waste Recycling Services , Inc
305.823
325.241

19.418

6.349%
R
Service

6.349%

4.86 7.54

10.21 12.39

14.58 16.76
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
% Change - Tip Fee
Tip Fee Franchise

5.00% Fee

1.49 _$ 0.71

2.99 $ 1.17

4.48 $ 1.63

5.97 $ 2.04

7.47 $ 2.45

8.96 $ 2.86
Rate Change -
Service Tip Fee Franchise

6.349% 5.00% Fee

4.62 1.99 $ 0 .73

7.04 3.98 $ 1.22

9.46 5.97 $ 1.72

11.88 7.96 $ 2.20

14.31 9.95 s 2.69

16.71 11.95 $ 3.18
S 46.22
$ 48.53
S2T1"

5.00%
Total
Change
$ 7.06
$ 11.70
$ 16.32
$ 20.40
$ 24.50
$ 28.58
Total
Change
$ 7.34
$ 12.24
$ 17.15
$ 22.04
$ 26.95
S 31.84
3 of 13
New Rate
Total Franchise
New Rate Fee
$ 125.40 $12.54
$ 209.96 S21.00
$ 294.53 $29.45
$ 370.06 $37 .01
$ 445.59 $44.56
$ 521.12 $52.11
$
New Rate
Total Franchise
New Rate Fee
$ 132.43 $13.24
$ 223.91 $22.39
$ 315.39 $31.54
$ 406.90 $40.69
$ 498.62 $49.86
$ 589.90 $58.99
$
%
Tip Fee Service Change
$ 31.38 $ 81.48 5.97%
$ 62.73 $ 126.23 5.90%
$ 94.11 $ 170.97 5.87%
$ 125.46 $ 207.59 5.83%
$ 156.87 s 244 .16 5.82%
$ 188.22 s 280.79 5.80%
%
Tip Fee Service Change
$ 41.81 $ 77.38 5.87%
$ 83.66 $ 117.86 5.78%
s 125.46 $ 158.39 5.75%
s 167.29 $ 198.92 5.73%
s 209.13 $ 239.63 5.71%
$ 250.98 $ 279.93 5.71%
4/25/2022
May 17, 2022, Item #7
N ....

2.commercial Bin Service
.,::.
..a.
5 Cubic Yard
Service
Frequency
1 xweek
2 xweek
3 xweek
4 x week
5 xweek
6 x week
6_Cubi_c;ya_,._d
Service
Frequency
1 x week
2 xweek
3 x week
4 x week
5 xweek
6 xweek
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change - CPI
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 139.77 13.98 49.27 76.52
$ 276.46 27.65 99.59 149.22
$ 412.56 41.26 154.76 216.54
$ 548.66 54.87 206.33 287.46
$ 684.77 68.48 248.94 367.35
$ 820.84 82.08 298 .76 440.00
Current Rate
Total Franchise
Rate Fee Tip Fee Service
$ 151.40 15.14 59.74 76.52
$ 302.71 30.27 119.49 152.95
$ 454.17 45.42 179.26 229.49
$ 605.53 60.55 239.03 305.95
$ 715.77 71.58 298.76 345.43
$ 898.43 89.84 358.52 450.07
EDCO Waste Recycling Services, Inc
305.823
325.241
~

6.349%
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
¾ Change - Tip Fee
Rate Change -
Service Tip Fee Franchise

6.349% 5.00% Fee

4.86 2.46 $ 0.81

9.47 4.98 $ 1.60

13.75 7.73 s 2.38

18.25 10.31 $ 3.17

23.32 12.44 $ 3.97

27.94 14.93 $ 4.77
Rate Change
Service Tip Fee Franchise

6.349% 5.00% Fee

4.86 2.99 $ 0.87

9.71 5.97 $ 1.74

14.57 8.96 s 2.61

19.43 11 .95 $ 3.49

21.93 14.93 $ 4.09

28.58 17.92 $ 5.17

46.22 48.53

2.310

5.00%
Total
Change
$ 8.13
$ 16.05
$ 23.86
$ 31.73
$ 39.73
$ 47.64
Total
Change
$ 8.72
$ 17.42
$ 26.14
$ 34.87
$ 40.95
$ 51.67
4 of 13
New Rate
Total Franchise
New Rate Fee
$ 147.90 $14.79
s 292.51 $29.25
s 436.42 $43.64
$ 580.39 $58.04
$ 724.50 $72.45
$ 868.48 $86.85
$
New Rate
Total Franchise
New Rate Fee
$ 160.12 $16.01
s 320.13 $32.01
s 480.31 $48.03
$ 640.40 $64.04
s 756.72 $75.67
$ 950.10 S95.01
%
Tip Fee Service Change
$ 51.73 $ 81.38 5.82%
$ 104.57 $ 158.69 5.81%
s 162.49 $ 230.29 5.78%
s 216.64 $ 305.71 5.78%
s 261.38 $ 390.67 5.80%
s 313.69 $ 467.94 5.80%
%
Tip Fee Service Change
$ 62.73 $ 81.38 5.76%
$ 125.46 $ 162.66 5.75%
$ 188.22 $ 244.06 5.76%
$ 250.98 $ 325.38 5.76%
$ 313.69 $ 367.36 5.72%
s 376.44 $ 478.65 5.75%
4/25/2022
May 17, 2022, Item #7
N
00 0 ......
.,::a. .....

Poway Commercial Service Rates Effective 7/1/2022
Multi-Family Bin Service (Excludes Yard Waste)
1 Cubii::;_'Cfil_d
Current Rate
Service
Frequenc )
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
Total
Rate
$ 73.36
$ 122.24
$ 171.16
$ 213.96
$ 256.76
$ 299.57

0.00 ;2 Cubic Yard
AB9939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
Current Rate
Service
Frequen
1 x week
2 x week
3 x week
4 x week
5 x week
6 x week
Total
y New Rate
S 89.02
$ 148.49
$ 207.94
$ 260.84
$ 313.72
S 366.52

0.00 AB9939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee Tip Fee

72.16 7.22 9.96
119.84 11.98 19.92
167.56 16.76 29.89
209.16 20.92 39.82
250.76 25.08 49.78
292.37 29.24 59.74
Net Franchise
Rate Fee Tip Fee

87.82 8.78 19.92
146.09 14.61 39.82
204.34 20.43 59.74
256.04 25.60 79.68
307.72 30.77 103.20
359.32 35.93 119.49
R
Service

54.98 87.94
120.91
148.42
175.90
203 .39
R
Service

59.12 91.66
124.17
150.76
173.75
203 .90
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change - CPI
Service Tip Fee Franchise

6.349% 5.00% Fee

3.49 0.50 $ 0.44

5.58 1.00 $ 0.74

7.68 1.49 $ 1.01

9.42 1.99 $ 1.26

11.17 2.49 $ 1.51

12.91 2.99 $ 1.76
Service Tip Fee Franchise

6.349% 5.00% Fee

3.75 1.00 s 0.53

5.82 1.99 $ 0.87

7.88 2.99 $ 1.21

9.57 3.98 $ 1.51

11.03 5.16 $ 1.80

12.95 5.97 $ 2.10
5 of 13
305.823
325.241

19.418

6.349%
Total
Change
$ 4.43
$ 7.32
$ 10.18
$ 12.67
$ 15.17
$ 17.66
Total
Change
$ 5.28
$ 8.68
$ 12.08
$ 15.06
$ 17.99
$ 21.02
New Rate
Total AB9939
New Rate Fee
$ 77.79 1.20
$ 129.56 2.40
$ 181.34 3.60
$ 226.63 4.80
$ 271.93 6.00
$ 317.23 7.20

0.00 New Rate
Total AB9939
New Rate Fee
$ 94.30 1.20
$ 157.17 2.40
$ 220.02 3.60
$ 275.90 4.80
$ 331.71 6.00
$ 387.54 7.20
(0.00)
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
% Change - Tip Fee
Net Franchise
Rate Fee

76.59 $7.66
127.16 $12.72
177.74 $17 .. 77
221.83 $22.18
265.93 $26.59
310.03 $31.00
Net Franchise
Rate Fee

93.10 $9.31
154.77 $15.48
216.42 $21.64
271.10 $27.11
325.71 $32.57
380.34 $38.03
S 46.22
$ 48.53
$2.31

5.00%
Tip Fee
$ 10.46
$ 20.92
$ 31.38
$ 41.81
$ 52.27
$ 62.73
Tip Fee
$ 20.92
s 41.81
s 62.73
s 83.66
$ 108.36
S 125.46
%
Service Change
$ 58.47 6.04%
$ 93.52 5.99%
$ 128.59 5.95%
$ 157.84 5.92%
$ 187.07 5.91%
$ 216.30 5.90%
%
Service Change
$ 62.87 5.93%
$ 97.48 5.85%
$ 132.05 5.81%
$ 160.33 5.77%
$ 184.78 5.73%
$ 216.85 5.74%
4/25/2022
May 17, 2022, Item #7
N
\0
0 .....
~
-
Multi-Family Bin Service (Excludes Yard Waste)
3 Cubic Yard
Current Rate
Servic
Frequen
1 xwee
2xwee
3xwee
4 xwee
5xwee
6 xwee
Total
'i New Rate
$ 128.23
$ 214.19
$ 300.13
$ 376.70
$ 453.30
$ 529.88
(0.00)
4 Cubic Yard
A89939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
Current Rate
Service
Frequen
1 xwee
2 xwee
3 xwee
4 xwee
5 xwee
6 xwee
Total
~ New Rate
$ 134.59
$ 224.50
S 314.37
$ 382.34
$ 476.56
$ 557.47
(0.00)
AB9939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
EDCO Waste Recyding Services , Inc
Net Franchise
Rate Fee
127.03 12.70
211.79 21.18
296.53 29.65
371.90 37.19
447.30 44.73
522.68 52.27
Net Franchise
Rate Fee
133.39 13.34
222.10 22.21
310.77 31 .08
377.54 37.75
470.56 47.06
550.27 55.03
Tip Fee Service

29.89 84.44

59.74 130.87

89.63 177.25
119.49 215.22
149.40 253.17
179.26 291 .15
Tip Fee Service

39.82 80.23

79.68 120.21
119.49 160.20
159.33 180.46
199.18 224.32
239.03 256.21
R
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change - CPI
Service Tip Fee Franchise

6.349% 5.00% Fee

5.36 1.49 $ 0.76

8.31 2.99 $ 1.25

11.25 4.48 $ 1.75

13.67 5.97 $ 2.18

16.07 7.47 $ 2.62

18.49 8.96 $ 3.05
Rate Change -
Service Tip Fee Franchise

6.349% 5.00% Fee

5.09 1.99 $ 0.79

7.63 3.98 $ 1.29

10.17 5.97 $ 1.79

11.46 7.96 $ 2.16

14.24 9.95 $ 2.68

16.27 11.95 $ 3.13
6 of 13
305.823
325.241

19.418

6.349%
Total
Change
$ 7.61
$ 12.55
$ 17.48
$ 21.82
$ 26.16
$ 30.50
Total
Change
$ 7.87
$ 12.90
$ 17.93
$ 21.58
$ 26.87
$ 31.35
New Rate
Total AB9939
New Rate Fee
$ 13S.84 1.20
$ 226.74 2.40
$ 317.61 3.60
s 398.52 4.80
s 479.46 6.00
s 560.38 7.20

0.00 New Rate
Total AB9939
New Rate Fee
$ 142.46 1.20
$ 237.40 2.40
s 332.30 3.60
$ 403.92 4.80
$ 503.43 6.00
$ 588.82 7.20
(0.00)
RSWA Tip Fee 2021
RSWA Tip Fee 2022
Change
% Change - Tip Fee
Net Franchise
Rate Fee
134.64 $13.46
224.34 $22.43
314.01 $31.40
393.72 $39.37
473.46 $47.35
553.18 $55.32
Net Franchise
Rate Fee
141.26 $14.13
235.00 $23.50
328.70 $32.87
399.12 $39.91
497.43 $49.74
581.62 $58.16
S 46.22
$ 48.53
$2.31

5.00%
Tip Fee
s 31 .38
s 62.73
s 94.11
S 125.46
S 156.87
S 188.22
Tip Fee
$ 41 .81
$ 83.66
$ 125.46
$ 167.29
$ 209.13
$ 250.98
%
Service Change
$ 89.80 5.93%
$ 139.18 5.86%
$ 188.50 5.82%
$ 228.89 5.79%
$ 269.24 5.77%
$ 309.64 5.76%
%
Service Change
$ 85.32 5.85%
$ 127.84 5.75%
$ 170.37 5.70%
$ 191.92 5.64%
$ 238.56 5.64%
$ 272.48 5.62%
4/25/2022
May 17, 2022, Item #7
w
0 0 .....
.,:. ....

Multi-Family Bin Service (Excludes Yard Waste)
5 Cubic Yard
Current Rate
Service
Frequen
1 x week
2 xweek
3 x week
4xweek
5 x week
6 xwee
Total
', New Rate
$ 150.22
$ 248.86
$ 347.48
$ 441.33
$ 535.24
$ 629.17
(0.00)
6 Cubic Yard
AB9939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
Current Rate
Servic
Frequen
1 xwee
2xwee
3 xwee
4 xwee
5 xwee
6 xwee
Total
1 New Rate
$ 161.27
$ 266.16
$ 371.12
$ 471.31
$ 571.50
$ 671.72
AB9939
Fee

1.20 2.40

3.60 4.80

6.00 7.20
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
149.02 14.90
246.46 24.65
343.88 34.39
436.53 43.65
529.24 52.92
621.97 62.20
Net Franchise
Rate Fee
160.07 16.01
263.76 26.38
367.52 36.75
466.51 46.65
565.50 56.55
664.52 66.45
Tip Fee Service

49.78 84.34

99.59 122.22
154.76 154.73
206.33 186.55
248.94 227.38
298.76 261.01
Tip Fee Service

59.74 84.32
119.49 117.89
179.26 151.51
239.03 180.83
298.76 210.19
358.52 239.55
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change - CPI
Rate Ch
Service Tip Fee Franchise

6.349% 5.00% Fee

5.36 2.49 $ 0.87

7.76 4.98 $ 1.41

9.82 7.73 $ 1.95

11.84 10.31 $ 2.46

14.44 12.44 s 2.99

16.57 14.93 s 3.50
Rate Change
Service Tip Fee Franchise

6.349% 5.00% Fee

5.35 2.99 s 0.92

7.49 5.97 $ 1.49

9.62 8.96 $ 2.07

11.48 11.95 $ 2.60

13.35 14.93 $ 3.14

15.21 17.92 $ 3.68
7 of 13
305.823
325.241

19.418

6.349%
Total
Change
$ 8.72
$ 14.15
$ 19.50
$ 24.61
$ 29.87
$ 3S.00
Total
Change
$ 9.26
$ 14.95
$ 20.65
$ 26.03
$ 31.42
$ 36.81
New Rate
Total AB9939
New Rate Fee
$ 158.94 1.20
s 263.01 2.40
$ 366.98 3.60
s 465.94 4.80
$ 565.11 6.00
$ 664.17 7.20
(0.00)
New Rate
Total AB9939
New Rate Fee
$ 170.53 1.20
$ 281.11 2.40
$ 391.77 3.60
$ 497.34 4.80
$ 602.92 6.00
$ 708.S3 7.20
RSWA Tip Fee 2021 S 46.22
RSWA Tip Fee 2022 $ 48.53
Change $ 2.31
% Change - Tip Fee 5.00%
Net Franchise
Rate Fee Tip Fee
157.74 $15.77 s 52.27
260.61 $26.06 $ 104.57
363.38 $36.34 $ 162.49
461.14 $46.11 $ 216.64
559.11 $55.91 $ 261 .38
656.97 S65.70 $ 313.69
Net Franchise
Rate Fee Tip Fee
169.33 $16.93 $ 62.73
278.71 $27.87 $ 125.46
388.17 $38.82 $ 188.22
492.54 $49.25 $ 250.98
596.92 $59.69 $ 313.69
701.33 $70.13 $ 376.44
%
Service Change
s 89.70 5.80%
$ 129.98 5.69%
S 164.55 5.61%
$ 198.39 5.58%
$ 241.82 5.58%
$ 277.58 5.56%
%
Service Change
$ 89.67 5.74%
$ 125.38 5.62%
$ 161.13 5.56%
$ 192.31 5.52%
$ 223.54 5.50%
$ 254.76 5.48%
4/25/2022
May 17, 2022, Item #7
w
-0 .....
.,:a.
-
Poway Commercial Service Rates Effective 7/1/2022
Multi-Family Residential Bin Rates (Includes Yard Waste) 1 Cubic Yard
Service
Frequency
1 xweek
2 xweek
3 xweek
4 xweek
5 xweek
6 xweek

2...C.1!..l;>lc Yard
Service
Frequency
i xwee k
2 xweek
3 xweek
4 x week
5 xweek
6 x week
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change - CPI
Current Rate
Total A89939 Net Franchise
Rate Fee Rate Fee
$ 81.01 1.20 79.81 7.98
$ 135.02 2.40 132.62 13.26
$ 189.03 3.60 185.43 18.54
$ 236.23 4.80 231.43 23.14
$ 283.48 6.00 277.48 27.75
$ 330.73 7.20 323.53 32.35
(0.00)
New Rate
Total AB9939 Net Franchise
New Rate Fee Rate Fee
$ 98.43 1.20 97.23 9.72
$ 164.12 2.40 161.72 16.17
$ 229.81 3.60 226.21 22.62
$ 288.24 4.80 283.44 28.34
$ 346.72 6.00 340.72 34.07
$ 405.21 7.20 398.01 39.80
(0.00)
EDCO waste Recycling Services, Inc
Tip Fee

9.96 19.92

29.89 39.82

49.78 59.74
Tip Fee

19.92 39.82

59.74 79.68
103.20
119.49
305.823
325.241

19.418

6.349%
Service Fee

61.87 99.44
137.00
168.47
199.95
231 .44
Service
Fee

67.59 105.73
143.85
175.42
203.45
238.72
RSWA Tip Fee 2021 $ 46.22
RSWA Tip Fee 2022
$ 48.53
Change ~
¾ Change - Tip Fee 5.00%
Rate Change
Service Tip Fee Franchise Total

6.349% 5.00% Fee Change

3.93 0.50 $ 0.49 $ 4.92

6.31 1.00 s 0.81 $ 8.12

8.70 1.49 s 1.14 $ 11.33

10.70 1.99 s 1.41 $ 14.10

12.70 2.49 $ 1.69 $ 16.88

14.70 2.99 $ 1.97 $ 19.66
Rate Chan.9.e -
Service Tip Fee Franchise Total

6.349% 5.00% Fee Change

4.29 1.00 $ 0.59 $ 5.88

6.71 1.99 $ 0.97 $ 9.67

9.13 2.99 $ 1.35 $ 13.47
11 .14 3.98 $ 1.68 $ 16.80

12.92 5.16 $ 2.01 $ 20.09

15.16 5.97 $ 2.35 $ 23.48
8 of 13
New Rate
Total
New Rate
$ 85.93
$ 143.14
$ 200.36
$ 250.33
$ 300.36
$ 350.39
0 New Rate
Total
New Rate
$ 104.31
$ 173.79
$ 243.28
$ 305.04
$ 366.81
$ 428.69

0.00 A89939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change

1.20 84.73 $8.47 $ 10.46 $ 65.80 6.07%

2.40 140.74 $14.07 s 20.92 $ 105.75 6.01%

3.60 196.76 $19.68 s 31 .38 $ 145.70 5.99%

4.80 245.53 $24.55 s 41 .81 $ 179.17 5.97%

6.00 294.36 $29.44 $ 52.27 $ 212.65 5.95%

7.20 343.19 $34.32 $ 62.73 $ 246 .14 5.94%
AB9939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change

1.20 103.11 $10.31 $ 20.92 $ 71.88 5.97%

2.40 171.39 $17.14 $ 41.81 $ 11 2.44 5.89%

3.60 239.68 $23.97 $ 62.73 $ 152.98 5.86%

4.80 300.24 $30.02 $ 83.66 s 186.56 5.83%

6.00 360.81 $36.08 $ 108.36 $ 216.37 5.79%

7.20 421.49 $42.15 $ 125.46 $ 253.88 5.79%
4/25/2022
May 17, 2022, Item #7
w
N
0 -ti
~ ...a.

Multi-Family Residential Bin Rates (Includes Yard Waste) Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
3 Cubic Yard
Service
Frequency
1 xweek
2 xweek
3xweek
4 xweek
5 xweek
6 xweek
4 Cubic Yard
Service
Frequency
1 xweek
2 xweek
3 xweek
4 xweek
5 xweek
6 xweek
¾ Change • CPI
Current Rate
Total AB9939
New Rate Fee
$ 141.82 1.20
$ 236.89 2.40
$ 331.98 3.60
$ 416.64 4.80
$ 501.32 6.00
$ 586.06 7.20

0.00 Current Rate
Total A89939
New Rate Fee
$ 148.83 1.20
$ 248.38 2.40
$ 347.81 3.60
$ 437.47 4.80
$ 527.28 6.00
$ 616.78 7.20
- -0.00
EDCO Waste Recycling Services, Inc
Net Franchise
Rate Fee
140.62 14.06
234.49 23.45
328.38 32.84
411.84 41.18
495.32 49.53
578.86 57.89
Net Franchise
Rate Fee
147.63 14.76
245.98 24.60
344.21 34.42
432.67 43.27
521.28 52.13
609.58 60.96
Tip Fee

29.89 59.74

89.63 119.49
149.40
179.26
Tip Fee

39.82 79.68
119.49
159.33
199.16
239.03
305.823
325.241

19.418

6.349%
Service
Fee

96.67 151.30
205.91
251.17
296.39
341.71
Service
Fee

93.05 141.70
190.30
230.07
269.97
309.59
RSWA Tip Fee 2021 $ 46.22
RSWA Tip Fee 2022 $ 48.53
Change T"""z.31
% Change • Tip Fee 5.00%
Rate Change
Service Tip Fee Franchise Total

6.349% 5.00% Fee Change

6.14 1.49 $ 0.85 $ 8.48

9.61 2.99 $ 1.40 $ 14.00

13.07 4.48 $ 1.95 $ 19.50

15.95 5.97 $ 2.44 $ 24.36

18.82 7.47 $ 2.92 $ 29.21

21.70 8.96 $ 3.40 $ 34.06
Rate Change
Service Tip Fee Franchise Total

6.349% 5.00% Fee Change

5.91 1.99 $ 0.88 s 8.78

9.00 3.98 $ 1.44 $ 14.42

12.08 5.97 $ 2.01 s 20.06

14.61 7.96 $ 2.50 $ 25.07

17.14 9.95 $ 3.01 $ 30.10

19.66 11.95 $ 3.51 $ 35.12
9 of 13
New Rate
Total
New Rate
$ 150.30
$ 250.89
$ 351.48
$ 441.00
$ 530.53
$ 620.12
(0.00)
New Rate
Total
New Rate
$ 157.61
$ 262.80
$ 367.87
$ 462.54
$ 557.38
$ 651.90

0.00 AB9939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change

1.20 149.10 $14.91 $ 31 .38 $ 102.81 5.98%

2.40 248.49 $24.85 $ 62.73 $ 160.91 5.91%

3.60 347.88 $34.79 $ 94.11 $ 218.98 5.87%

4.80 436.20 $43.62 S 125.46 $ 267.12 5.85%

6.00 524.53 $52.45 S 156.87 $ 315.21 5.83%

7.20 612.92 $61 .29 S 188.22 $ 363.41 5.81%
Check
A89939 Net Franchise Service %
Fee Rate Fee Tip Fee Fee Change

1.20 156.41 $15.64 $ 41.81 $ 98.96 5.90%

2.40 260.40 $26.04 $ 83.66 $ 150.70 5.61%

3.60 364.27 $36.43 S 125.46 $ 202.38 5.77%

4.80 457.74 $45.77 S 167.29 $ 244.68 5.73%

6.00 551.38 $55.14 S 209.13 $ 287.11 5.71%

7.20 644.70 $64.47 $ 250.98 $ 329.25 5.69%
4/25/2022
May 17, 2022, Item #7
w w
0 """ .1:1,,.
..a.

Multi-Family Residential Bin Rates (Includes Yard Waste) Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
¾ Change - CPI
5 Cubic Yard
Current Rate
Service Total A89939 Net Franchise
Frequency New Rate Fee Rate Fee
1 xweek $ 166.23 1.20 165.03 16.50
2 xweek $ 275.38 2.40 27.2.98 27.30
3 x week $ 384.56 3.60 380.96 38.10
4 xweek $ 488.67 4.80 483.87 48.39
5 x week $ 592.36 6.00 586.36 58.64
6 xweek $ 696.34 7.20 689.14 68.91
(0.00)
6 Cubic Yard
Current Rate
Service Total A89939 Net Franchise
Frequency New Rate Fee Rate Fee
1 x week $ 178.32 1.20 177.12 17.7'i
2 x week $ 294.37 2.40 291.97 29.20
3 x week $ 410.42 3.60 406.82 40.68
4 xweek $ S21.20 4.80 516.40 51.64
5 xweek $ 632.01 6.00 626.01 62.60
6 xweek $ 742.81 7.20 735.61 73.56
EDCO Waste Recycling Services, Inc
Tip Fee

49.78 99.59
154.76
206.33
248.94
298.76
Tip Fee

59.74 119.49
179.26
239.03
298.76
358.52
305.823
325.241

19.418

6.349%
Service
Fee

98.75 146.09
188.10
229.15
278.78
321.47
Service
Fee

99.67 143.28
186.88
225.73
264.65
303.53
Service

6.349%

6.27 9.28

11.94 14.55

17.70 20.41
RSWA Tip
Fee 2021 $ 46.22
RSWA Tip Fee 2022 $ 48.53
Change $2.31
% Change - Tip Fee 5.00%
-
Tip Fee Franchise Total

5.00% Fee Change

2.49 $ 0.98 s 9.74

4.98 $ 1.58 s 15.84

7.73 $ 2.18 S 21.85

10.31 $ 2.76 $ 27.62

12.44 s 3.34 $ 33.48

14.93 $ 3.93 $ 39.27
Rate Chan.9.e -Service Tip Fee Franchise Total

6.349% 5.00% Fee Change

6.33 2.99 $ 1.04 $ 10.36

9.10 5.97 $ 1.67 $ 16.74

11.87 8.96 $ 2.32 $ 23.15

14.33 11.95 $ 2.92 $ 29.20

16.80 14.93 $ 3.53 $ 35.26

19.27 17.92 $ 4.13 $ 41.32
10 of 13
Total A89939 Net Franchise Service %
New Rate Fee Rate Fee Tip Fee Fee Change
$ 175.97 1.20 174.77 $17.48 $ 52.27 $ 105.02 5.86%
$ 291.22 2.40 288.82 $28.88 $ 104.57 $ 155.37 5.75%
$ 406.41 3.60 402.81 $40.28 $ 162.49 $ 200.04 5.68%
$ 516.29 4.80 511.49 $51.15 $ 216.64 $ 243.70 5.65%
$ 625.84 6.00 619.84 $61.98 $ 261.38 $ 296.48 5.65%
$ 735.61 7.20 728.41 $72.84 $ 313.69 $ 341.88 5.64%
(0.00)
New Rate
Total A89939 Net Franchise Service %
New Rate Fee Rate Fee Tip Fee Fee Change
$ 188.68 1.20 187.48 $18.75 $ 62.73 $ 106.00 5.81%
$ 311.11 2.40 308.71 $30.87 $ 125.46 $ 152.38 5.69%
$ 433.57 3.60 429.97 $43.00 $ 188.22 $ 198.75 5.64%
s 550.40 4.80 545.60 $54.56 $ 250.98 $ 240.06 5.60%
$ 667.27 6.00 661.27 $66.13 S 313.69 $ 281.45 5.58%
$ 784.13 7.20 776.93 S77.69 S 376.44 $ 322.80 5.56%
4/25/2022
May 17, 2022, Item #7
w
~
0 .....
~ ..a.

Poway Commercial Service Rates Effective 7/1/2022
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half2021
Change
% Change- CPI
Commercial Recycling Services
Collection Weekly
Bin
Size
2 CY
3 CY
4 CY
5 CY
6 CY
95 Gallon Recycling Cart
Industrial Debris Box Services
Total Scheduled Debris Box Serviced Monthly
Unscheduled Debris Box Pulls (40-Cubic Yards)
RSWA Trash Rate per ton, including Franchise Fee
COi - Tip Fee plus FF/City Fees
3-Cubic Yard Bin - 3-Day Rental
3-Cubic Yard Bin - 1-Month Rental (Once-a-Week
Emptying (Primarily Construction & Remote))
Additional Dump of 3-Cu.Yd. Bin
Daily Roll-Off Rental
Locking Lid Set Up
Daily Impound Fee for Storage of Unauthorized Contair
Service Charge to Reinstate Collection Services
After Termination for Non-Payment
$
$
$
$
$
$
$
$
$
$
$
$
$
s
$
$
Current
Rate

35.48 44.31

53.18 62.02

62.02 18.13
183.25
197.41

51.36 65.73
262.12

30.00 5.31

10.36 23.45

15.08 305.823
325.
241

19.418

6.349%
Proposed
Rate
$ 37.73
s 47.12
s 56.56
$ 65.96
$ 65.96
$ 19.28
$ 194.89
$ 209.94
$ 53.92
$ 69.90
$ 278.76
$ 31 .90
$ 5.65
$ 11.02
$ 24.94
s 16.04
Rate %
Change Change
$ 2.25 6.342%
$ 2.81 6.342%
$ 3.38 6.356%
$ 3.94 6.353%
s 3.94 6.353%
$ 1.15 6.343%
$ 11.64 6.352%
$ 12.53 6.347%
$ 2.56 4.984%
$ 4.17 6.344%
$ 16.64 6.348%
$ 1.90 6.333%
s 0.34 6.403%
$ 0.66 6.371%
$ 1.49 6.354%
$ 0.96 6.366%
May 17, 2022, Item #7
w u,
0 ....
~ ....

City of Poway
Rates for Anaerobic Digestion of Greenwaste & Foodwaste 7/..11_2021
Current Rates eff 7 /1 /21
1st Container
Size
Cart (65 gl)
Cart (96 gl)
2CY
3CY
Each Additional Container
Size
Cart (65 gl)
Cart {96 gl)
2CY
3CY
1 $ 88.49
$ 99.81
$ 161.87
$ 207 .13
1 $ 84.07
$ 94.82
$ 153.78
$ 196.77
Freguency
£
$ 176.99
$ 199.62
$ 323.74
$ 414.26
£
$ 168.14
$ 189.64
$ 307.55
$ 393.54
i
$ 265.48
$ 299.42
$ 485.61
$ 621.38
1 $ 252.21
$ 284.45
$ 461 .33
$ 590.31
Extra
Pickup
$ 35.40
$ 39.92
$ 64.75
$ 82.85
City of Poway
Rates for Anaerobic Digestion of Greenwaste & Foodwaste 7/J12022
Consumer Price Index 2nd Half 2020
Consumer Price Index 2nd Half 2021
Change
% Change~ CPI
PrOQOSed Rates 7/1/22
1st Container
Size 1
Cart {65 gl) $ 94.11
Cart (96 gl) $ 106.15
2CY $ 172.15
3CY $ 220.28
Each Additional Container
Size 1
Cart {65 gl) $ 89.41
Cart (96 gl) $ 100.84
2CY $ 163.54
JCY $ 209.27
Freguenc}'.
£
$ 188.22
$ 212.29
$ 344.29
$ 440 .56
6 $ 178.81
$ 201.68
$ 327.08
$ 418.53
1 $ 282 .34
$ 318.44
$ 516.44
$ 660.84
~
$ 268 .22
$ 302.51
$ 490.62
$ 627.80
305 .823
325.241

19.418

6.349%
Extra
Pickup
$ 37.64
$ 42.46
$ 68.86
$ 88.11

6.349%

6.349%

6.349%

6.349%

6.349%

6.349%

6.349%

6.349%
May 17, 2022, Item #7
w
0\
0 ...._
.i::i,. ....

CPI for All Urban Consumers (CPI-U)
Original Data Value
Series Id: CUURS49ESA0
Not Seasonally Adjusted
Series Title:

Area:

All items in San Diego-Carlsbad, CA, all urban
San Diego-Carlsbad, CA
Item: All items
Base Period: 1982-84=100
Years: 2012 to 2022
Year Jan Feb Mar Apr May
2012
2013
2014
2015
2016
2017
2018
288.331 290.810 289.243
2019 295.761 297.226 300.303
2020 302.564 302.589 301.317
2021 307.688 315.035 317.141
2022 332.990
New Tip Fee $ 48.53 7/1/2022
Old Tip Fee $ 46.22 7/1/2021
Change $ 2.31
% Change 5.00%
Jun Jul Aug Sep Oct . Nov Dec Annual HALF1 HALF2
256.961 256.637 257.285
260.317 258.955 261.679
265.145 265.251 265.039
269.436 267.346 271.526
274.732 272.628 276.837
285.961 283.012 281.561 284.464
295.185 295.883 293.858 292.547 290.076 295.018
299.333 301.033 301.520 299.433 298.147 300.718
305.611 304.443 306.334 303.932 302.040 305.823
323.906 324.138 326.422 319.761 314.282 325.241

19.418
l 6.349%
May 17, 2022, Item #7
Memo To:

James
Eggart,
General
Manager-
RSWA
From:

Steve
South,
CEO-
EDCO
Date:

March
14th
2022
Re:

RSWA
Tip
Fee
Calculation
for
FY
2022/23
-Final
As
specified
in
the
disposal
contract
between
our
organizations,
the
following
formula
is
used
to
calculate
the
RSWA
tip
fee
for
the
upcoming
fiscal
year
beginning
July
1,
2022.

Please
refer
to
the
attached
spreadsheet
for
2021
tonnage
data
and
the
Consumer
Price
Index
used
in
the
calculation.

The
LA-Riverside-Orange
County
CPI
for
all
Urban
Consumers
increased

6.57%
from
December
2020
to
December
2021
and
capped
at

5.00%
37 of
41 •
2/3
(or
.6667)
of
the
current
tip
fee
increases
by
the
change
in
the
CPI
Cap
of

5.00%.
2/3
x

5.00%=

3.3335%.
• 1
/3
(or
.3333)
of
the
current
tip
fee
changes
by
the
difference
between
the
capped
CPI
increase
of

5.00%
and
the
percentage
change
in
solid
waste
tonnage
generated
by
RSWA
cities
from
the
previous
calendar
year.

In
2021,
RSWA
tonnage
decreased
-1.11
%
when
compared
to
2020
and
therefore
will
be
adjusted
at
the
CPI
cap
rate
of

5.00%
•
1/3
(or
.3333)
of

5.00%
=

1.6665%.
•
The
combined
effect
of
the
CPI
(3.3335%)
and
the
decreased
tonnage
calculation
(1.6665%),
results
in
an
allowable
increase
of

5.0000%
applied
to
the
entire
rate.

1. Del
Mar,
Encinitas,
Solana
Beach
and
Vista
Tip
Fee
Calculation.

The
current
tip
fee
of
$51.26
per
ton
is
increased

5.000%
resulting
in
an
increase
of
$2.56
per
ton.

The
new
tip
fee
for
these
four
cities
on
July
1,
2022
is
$53.82
per
ton.

2. National
City
&
Poway
The
current
tip
fee
in
these
two
cities
of
$46.22
is
increased

5.000%
resulting
in
an
increase
of
$2.31
per
ton.

The
new
tip
fee
for
these
cities
on
July
1,
2022
is
$48.53
per
ton.

May 17, 2022, Item #7
38 of 41

3. Volume Rebate Calculation
The current annual volume rebate of $287,478.14 is multiplied by the CPI capped increase of 5.00%, which generates and additional $14,373.91 in rebate revenue. The adjusted volume rebate is $301,852.05. 1 /3 of this amount ($102,121.82), is adjusted by the percentage change in tonnage generated in 2021 compared to 2020, (-1.18%). Since the tonnage change is negative, it results in 0% change for this component of the rate.

Therefore, the total volume rebate payable to RSWA beginning July 1, 2022 is $301,852.05.

Please review these calculations at your earliest convenience so we may proceed with rate changes in all RSWA cities.

May 17, 2022, Item #7
w RSWA Annual Rate Adjustment effective 7/1/2022
\D
0 -+i
.,::. .... Tonnage
Vista
Encinitas
Poway
Solana Beach
National City
Del Mar- W.M.

Solana Beach- W.M.

Total Annual Disposal Tons
Change in Tons YOY
Actual% Change
CPI
L.A.- Riverside-Anaheim CPI - Dec Prior
L.A.- Riverside-Anaheim CPI - Dec Current
Annual CPI Change - Actual
Annual CPI Change - Adjusted
Adjustment To Volume Rebate to RSWA
CPI Cap: 5% Floor: 1.5%
2020
87,771.01
55,134.13
48,571.14
10,136.76
38,174.54
5,996.39
245,783.97
-6,498.98
-2.580%

1.500%
275.553
279.560

1.450%

1.500%
Volume. Rebate
Prior Yr Vol Rebate $ 283,229.69
CPI $ Increase $ 4,248.45
Sub-total $ 287,478.14
divide by 3 $ 95,826.05
% Change in Tons 0.000%
$ Change in Tons $
Adjusted Vol Rebate $ 287,478.14
Volume Rebate to RSWA $ 287,478.14
%Change 1.50%
EDCO Disposal Corporation
2021
88,140.02
53,546 .37
46,414.13
9,199.05
39,104.11
6,475.25
242,878.93
-2,905.04
-1.180%

5.000%
279.560
297.925

6.570%
Notes
If neg, use CPI {Cap 5% Floor 1.5%)

5.000% CPI Cap: 5% Floor: 1.5%
(Exhibit C Example 6)
Volume. Rebate
$ 287,478.14
$ 14,373.91 CPI Cap: 5%
$ 301,852.05
$ 100,617.35

0.000% Use 0.00% Floor if neg. vol
$
$ 301,852.05
$ 301,852.05

5.00%
3/14/2022
May 17, 2022, Item #7
.,::..
0 Rate Increase Calculation (Exhibit A ExamRles 61 11} 0 ... CPI 1.50% 5.000% CPI Cap: 5% .,::.. ...a.

X Two-Thirds 0.6667 0.6667
CPI % increase to Rate 1.000% 3.3335%
% Change in YOY Tons (Cap: 5%) -2.580% -1.180%
CPI% Change 1.50% 5.00% Use CPI if negative Vol
Difference 1.50% 5.000% Use CPI if negative Vol
X One-Third 0.3333 0.3333
% Tonnage Change in Rate 0.5000% 1.6665%
Combined Increase in Rate% 1.5000% 5.0000%
Del Mar1 Encinitas 1 Solana Beach1 Vista
Current Rate $ so.so $ 51.26
Combined Increase in Rate% 1.5000% 5.0000%
Increase $ 0.7600 $ 2.560
Adjusted Rate $ 51.26 $ 53.82
National City, Poway
Current Rate $ 45.54 $ 46.22
Combined Increase in Rate% 1.5000% 5.0000%
Increase $ 0.68 $ 2.310
Adjusted Rate $ 46.22 $ 48.53
EDCO Disposal Corporation 3/14/2022
May 17, 2022, Item #7
~
CPI for All Urban Consumers (CPI-U)
..a. Original Data Value
0 .....
~ Series Id: CUURS49ASAO ..a.

Not Seasonally Adjusted
Series Title: All items in Los Angeles-Long Beach-Anaheim, CA, all urban consumers, not seasonally adjusted
Area: Los Angeles-Long Beach-Anaheim, CA
Item: All items
Base Period: 1982-84=100
Years: 2010 to 2021
xtsx
-·
ear Jan Feb ___ Mar Apr May Jun Jul Aug---r Sep .... Oct Nov Dec Annual HAL:F1 HAlF2 2011 228.652 229.729 232.241 233.319 233.367 232.328 231.303 231 .833 233.022 233.049 232.731 231.567 231.928 231.606 232.251 2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.1 11 237.675 236.042 236.648 235.807 237.488 2013 238.015 . 239.753 . 239.995 239.043 239.346 239.223 238.920 239.219 239.611 239.940 238.677 238.742 239.207 239.229 239.185 2014 239.857 241.059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242.434 242.122 242.746 2015 239.724 · 241.297 1 243.738 243.569 246.093 I 245.459 247 .066 246.328 245.431 245.812 245.711 245.357 244.632 243.313 245.951 2016 247.155 I 247.113 247.873 I 248.368 249.554 249.789 249 .784 249.700 250.145 251.098 250.185 250.189 249.246 248.309 250.184 2017 252.373 253.815 254.525 254.971 255.674 I 255.275 · 256 .023 256.739 257.890 258.883 !
259.135 259.220 256.210 254.439 257.982
2018 261 .235 263.012 264.158 265.095 266.148 265.522 266.007 266.665 268.032 269.482 268.560 267.631 265.962 264.195 267.730 2019 269.468 269.608 1 271.311 273.945 274.479 274.380 274.682 274.579 276.054 278.075 277.239 275.553 274.114 272.199 276.030 2020 277.755 278 .657 1 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560 278.567 277 .303 279.832 2021 280.178 281 .347 282.648 285.808 287.620 289.218 290.890 291.333 292.209 294.961 296.790 297.925 289.244 284.470 294.018 Change 18.3650
% 6.57%
May 17, 2022, Item #8
AGENDA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

May 17, 2022
Honorable Mayor and Members of the City Councj ,A
Robert Manis, Director of Development Services 7'I''
Jeff Beers, Special Projects Engineer ~
(858) 668-4624 or [email protected]

CITY COUNCIL
SUBJECT: Award of Contract to Hazard Construction ENGR, LLC for the 2021-2022 Street Overlay Project; Bid No. 22-011
Summary:

This action will award a construction contract for the 2021-2022 Street Overlay project. The project includes asphalt overlay of residential streets and cold milling and patching on arterial streets. The City is divided into eight street maintenance zones. Annually the City completes maintenance within a zone for a eight year rotational street maintenance program.

Recommended Action:

It is recommended the City Council award the contract for the 2021-2022 Street Overlay project to Hazard Construction ENGR, LLC, in the amount of $899,813.00 and authorize the City Manager to execute the contract (Attachment A).

Discussion:

The scope of work includes the asphalt overlay of three residential streets, Fairgate Drive, Ashgate Place and Earlgate Place, within Street Maintenance Zone 5 (Attachment B). Arterial asphalt patch repairs will be completed on Poway Road from Community Road to Highway 67 and Community Road from Poway Road to Stowe Drive and Espola Road from Titan Way to Twin Peaks Road along with ADA pedestrian ramp removal and replacement. This work is being coordinated in Zone 5, with the 2022- 2023 Annual Street Maintenance and 2022-2023 Citywide Striping projects.

The contract time for this project is 25 working days with an Engineer's Estimate of $1,300,000. Bids were opened on April 27, 2022. The following six bids were received:

Company Total Bid Amount
Hazard Construction ENGR, LLC $899,813.00
SRM Contracting & Paving $953,563.00
Granite Construction Company $983,955.00
T.C. Construction Company, Inc. $1,009,584.50
1 of 12
May 17, 2022, Item #8
ATP General Engineering Contractors $1,256, 143.00
Eagle Paving Company Inc. $1,400,000.00
Environmental Review:

The proposed asphalt/concrete pavement rehabilitation of existing City streets with the 2021-2022 Street Overlay project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.

Fiscal Impact:

There is sufficient funding available in the FY 2021-22 Street Overlay project account (ST019) to award the contract.

Public Notification:

None.

Attachments:

A. Contract
B. Zone 5 Street Maintenance Map
Reviewed/ Approved By:

Wendyerman
Assistant City Manager
2 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
May 17, 2022, Item #8

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
2021-2022

STREET OVERLAY

PROJECT
This
Contract
made
and
entered
into
this
18th
day
of
May,
2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter referred
to
as
"City"
and
Hazard
Construction
ENGR,
LLC,
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are
incorporated
herein
by
this
reference,
and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition,

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

3. Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:

The
2021-2022
Street
Overlay
Project
consists
of
asphalt
overlay
of
residential
streets
and
asphalt
cold
milling
and
patching
on
arterial
streets.

Pedestrian
ramp
removal
and
replacement
on
residential
and
arterial
streets
are
also
required.

4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
his
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
3 of
12 ATTACHMENT
A
1 May 17, 2022, Item #8
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.

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
$899,813.00
the
"Contract
Price."

6. 7. 8. 9. 10. 11. 4
of
12 City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

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
25 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.

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

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

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

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.

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.

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.

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
2 May 17, 2022, Item #8
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
him
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code
§
1813.

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

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
5 of
12 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
3 May 17, 2022, Item #8
6 of
12 aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same. Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
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,
4 May 17, 2022, Item #8
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.

Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.

Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.

Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non-renewal
or
reduction
in
coverage
or
limits.
e.

All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.

17. a.

Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
7 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
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
5 May 17, 2022, Item #8
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

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

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

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

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

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

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

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

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

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

All
inspections
and
tests
shall
be
performed
in
such
8 of
12 6
May 17, 2022, Item #8
manner
as
to
not
unduly
delay
the
work.

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

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

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

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

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

30. a.

Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
12 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.
7 May 17, 2022, Item #8

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

32. All
work
shall
be
guaranteed
for
a period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.

Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder of
page
intentionally
left
blank)
10 of
12 8
May 17, 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:

CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
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11 of
12 9
May 17, 2022, Item #8
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May 17, 2022, Item #9
DATE:

TO:

FROM:

CONTACT:

AGENDA REPORT
May 17, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /Jll
Sara Trunzo, Associate Civil Engineer Sf
(858) 668-4622/[email protected]
City of Poway

CITY COUNCIL
SUBJECT: Acceptance of Public Improvements and Release of Project Securities for the Kirkham Way Mid-block Pedestrian Traffic Signal, STl20-003 Summary:

Improvement plan STl20-003 included the installation of a striped mid-block crosswalk, two curb ramps, a pedestrian traffic signal, and the associated signage and striping. These improvements were requested, installed, and paid for by General Atomics.

Recommended Action:

It is recommended the City Council

1. Accept the improvements shown on drawing STl20-003 as complete;

2. Release the Performance Bond in the amount of $309,900;

3. Release the Payment Bond, in the amount of $154,950;

4. Retain the Warranty Bond in the amount of $30,990 for a period of one (1) year.

Discussion:

On April 7, 2020, the City Council adopted Resolution 20-017, which established a mid-block crosswalk with appropriate signing, marking, and roadway improvements on Kirkham Way between Stowe Drive and General Atomics Way. On October 26, 2020, the City entered into a Standard Agreement for Construction of Public Improvements for the installation of the mid-block pedestrian crosswalk with General Atomics. Performance, Payment and Warranty Bonds were accepted with the approval of improvement plan STl20-003. Construction of the public improvements referenced in Resolution 20- 017 is complete and the improvements have been accepted by the Engineering Division.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA). 1 of 2
May 17, 2022, Item #9
Fiscal Impact:

None.

Public Notification:

None.

Attachments:

None.

Reviewed/ Approved By:

Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chwk;
City Manager
May 17, 2022, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 17, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /11
Austin Silva, Senior Planner A(.,
858-668-4658 or [email protected]

CITY COUNCIL
Appeal (APL) 22-001-An appeal of the approval for Minor Development Review Application 21-023, a single-family residence to be used as a residential care facility (Sharp Mountainview Hospice), located at 16752 Espola Road Minor Development Review Application (MDRA) 21-023 is a request from the Applicant, Sharp Healthcare, to construct a single-family residence with six bedrooms to be used as a residential care facility (specifically providing end of life hospice care) on a 1.02-acre lot at the southwest corner of Espola Road and Valle Verde Road in the Rural Residential C (RR-C) zone. Two owners of nearby properties (Appellants) have submitted an appeal of City staffs approval of the MDRA, pursuant to Poway Municipal Code (PMC) Chapter 2.20. The Appellants argue the MDRA should not be approved because the findings and determinations in the MDRA approval 1) were reached without sufficient notice to, and input from, the community which the hospice facility will impact; 2) were reached after misapplication of the PMC with respect to development review procedures; 3) are inconsistent with applicable Poway zoning ordinances and definitions, including those applicable to the Green Valley neighborhood; and 4) are inconsistent with the aesthetic, economic, safety and traffic impacts that the hospice facility will have on Green Valley and its property owners.

Recommended Action:

It is recommended the City Council deny the appeal, upholding the approval of MDRA 21-023, pursuant to the attached Resolution (Attachment A). Should the City Council instead decide to grant the appeal, in whole or in part, staff will return at a future date with a new resolution with revised findings in accordance with the City Council's decision.

Discussion:

Project Description
On February 15, 2022, MDRA 21-023 was approved by the Development Services Department (City Staff), allowing for a 6,670-square-foot single-family home with an attached 431-square-foot garage to be used as a residential care facility on a 1.02-acre lot at the southwest corner of Espola Road and 1 of 137
May 17, 2022, Item #10
Valle
Verde
Road,
addressed
as
16752
Espola
Road
(Subject
Property)
in
the
RR-C
zone
as
shown
on
Attachment
B
(Project).

The
MDRA
is
an
administrative
process
approved
at
the
staff
level
that
is
required
for
all
new
single-family
homes.

A
single-family
home
was
previously
located
on
the
property
and
has
been
demolished
pursuant
to
a
building
permit
issued
on
January
20,
2022,
authorizing
the
demolition
of
this
single-family
home
and
shed.

The
Project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
existing
surrounding
residential
development.

The
building
materials
consist
of
stucco
and
board
and
batten
siding
with
concrete
tiles
on
the
roof,
which
are
depicted
on
the
architectural
renderings
(Attachment
C).

The
building
adheres
to
setback
and
lot
coverage
requirements
for
the
RR-C
zone.

The
site
plan
(Attachment
D)
shows
access
to
the
site
is
taken
from
a
single
driveway
off
Valle
Verde
Road.

A
landscaped
berm
is
included
within
a
24-foot-wide
landscape
planter
along
Espola
Road
to
screen
parking
spaces
that
transitions
into
an
eight-foot-wide
landscape
planter
along
Valle
Verde
Road
to
continue
landscape
screening.

The
applicant
included
21 parking
spaces
onsite
to
avoid
parking
on
Valle
Verde
Road,
in
addition
to
a two-car
garage,
as
required
for
a single-family
dwelling.

The
parking
spaces
were
not
a City
requirement.

The
single-family
home
contains
six
bedrooms,
a
kitchen,
a
living
room,
a family
dining
room,
nurse
stations,
a
lounge,
and
an
office.

The
approval
letter
for
MDRA
21-
023
is
included
as
Attachment
E.

As
proposed,
MDRA
21-023
meets
all
requirements
for
a single-family
dwelling.

Approval
of
any
uses
for
the
single-family
dwelling
is
not
part
of
the
MDRA
approval,
although
any
residential
uses
associated
with
the
single-family
dwelling
must
conform
with
the
permitted
and
conditional
residential
uses
outlined
in
Chapter

17.08.100
in
the
PMC.

As
discussed
in
more
detail
below,
both
State
and
Federal
law
mandate
the
approval
of
the
proposed
Project
because
it
meets
all
the
requirements
of
a
single-family
dwelling,
and
an
identically
designed
home
that
was
intended
to
be
used
as
a "traditional"
single-family
home
would
be
approved.

Residential
Care
Facility
Classification
Pursuant
to
State
law,
as
a
general
matter,
any
licensed
residential
care
facility
with
six
or
fewer
residents
is
a
permitted
use
in
any
single-family
zone,
including
the
RR-C
zone,
and
must
be
treated
the
same
as
any
"traditional"
single-family
home.

It
is
important
to
note
that
outside
of
the
residential
care
facility
context,
staff
does
not
and
cannot
inquire
into
how
many
adults,
children,
families
or
even
unrelated
groups
of
people
are
living
in
single-family
house,
as
the
state-mandated
definition
of
"family"
is
extremely
broad.

The
Applicant's
attorney
has
provided
a
detailed
discussion
of
State
law,
which
the
City
Attorney
has
reviewed
and
found
to
be
generally
accurate
and
is
not
aware
of
any legal
authority
to
the
contrary.
(See
Attachment
H,
Exhibit
A)
In
particular,
City
Staff
determined
that
the
Project,
among
other
categories,
fits
within
the
definition
of
a
"congregate
living
health
facility,"
which
is
defined
as
"a
residential
home
with
a
capacity
of
no
more
than
18 beds,
that
provides
inpatient
care,
including
the
following
basic
services:
medical
supervision,
24-hour
skilled
nursing
and
supportive
care,
pharmacy,
dietary,
social,
recreational,
and
services
for
persons
who
have
a diagnosis
of
terminal
illness.

A
congregate
living
health
facility
shall
have
a
noninstitutional,
homelike
environment."
(California
Health
&
Safety
Code
§
1250
[emphasis
added].)
Pursuant
to
California
Health
&
Safety
Code
section
1267.16,
a congregate
living
health
facility
which
serves
six
or
fewer
persons
must
be
considered
a
single-family
residential
use
of
property
for
purposes
of
any
zoning
ordinance
or
law
related
to
the
residential
use
of
property.

State
law
and
the
PMC
defines
family
to
include
a
residential
care
facility
with
six
or
fewer
beds.

There
are
general
State
law
constraints
applicable
to
certain
types
of
community
care
facilities,
2 of
137
May 17, 2022, Item #10
including facilities providing end of life/hospice services, where only six or fewer persons reside.

These constraints include the following:

1. Whether or not unrelated persons are living together, a facility which serves six or fewer persons shall be considered a residential use of property.

2. The residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance which is related to the residential use of property.

3. For the purposes of all local ordinances, a facility which serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the facility is a business run for profit or differs in any other way from a single-family residence.

4. No conditional use permit, zoning variance, or other zoning clearance shall be required of a facility which serves six or fewer persons which is not required of a single-family residence in the same zone.

5. Use of a single-family dwelling for purposes of a facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section supersedes Section 13143 to the extent these provisions are applicable to a facility providing care for six or fewer residents.

Finally, it should be noted that the City does not (and cannot) control the type of license issued by the California Department of Public Health, which the City understands at this point, has not yet been determined.

Appeal Filing
On February 25, 2022, the City Clerk received a letter of appeal signed by the Appellants (Attachment F). The Appellants are appealing City Staffs approval of MORA 21-023 because they believe the findings and determinations made in the letter are inappropriate based on the reasons listed in the Summary section of this report. The following is a more detailed description of the reasons for the appeal:
1) The Hospice MORA Approval Letter Does Not Comply with PMC Guidance Regarding the Purpose of Development Review Procedures
The Appellants site section 17.52.01 O of the PMC, which is related to the development review process. The Appellants recite several elements of the code section they believe the MORA approval letter fails to comply with. They also state that the MORA approval letter fails to detail the scope of the review conducted by the Planning Division, or cite the people consulted in the process.

City Staff response: There is no requirement in this section of the code requiring approval letters to detail the scope of the review. The purpose of the MORA is to review a project for compliance with City codes and policies. The MDRA was reviewed during three separate submittals. This was not detailed in the approval letter, which is consistent with previous all MORA approval letters that are written. The Project was found to be in compliance with PMC 17.52.101 and with the development regulations of the RR-C zone.
3 of 137
May 17, 2022, Item #10
2) There Has Been Inadequate Notice To, and Input From, Residents of Green Valley Regarding the Proposed Hospice Facility
The Appellants state that only a few select individuals were involved in the process of evaluating and approving the proposed Hospice Facility and that it is incumbent upon elected officials and administrators to seek and consider input from the community. The appellants also state that pursuant to the PMC, no property zoned RR-C shall be rezoned unless such rezone is approved by the voters of the City.

City Staff response: There is no requirement in the PMC for property owner notice for a MORA for a single-family residence. Given that the Hospice Facility with six or fewer residents is considered a residential use, it is subject to the same zoning and noticing requirements as a single-family residence. The City cannot selectively require that certain projects are subject to additional noticing requirements and level of review than other projects in the same land use classification (single-family residences). There are no noticing requirements for Minor Development Review Applications in the PMC. However, the City did notify six property owners (Attachment G) adjacent to or across the street from the proposed residential care facility. There is no rezone proposed with this Project. The RR-C zone allows single-family dwellings, including a six-bed residential care facility.
3) As Currently Contemplated, the Hospice Facility Is Not Complementary To, and In Harmony With, Our Residential Neighborhood
The appellants state that the proposed Project is not really a residential care facility at all, but rather, a commercial hospice that would be run by, a major hospital system. The State of California contemplates that a residential care facility is essentially a non-medical facility for the elderly or ill to stay for long periods of time, whereas a hospice facility, contemplates short-term stays and the provision of medical services.

City staff response: As indicated previously in this report, a hospice facility with six or fewer beds is considered a single-family residential use and must be permitted in the RR-C zone.

The Appellants state that the proposed Hospice Facility would increase the volume and change the nature of traffic in the Green Valley Neighborhood.

City staff response: The Hospice Facility is considered a single-family residential use which is permitted and contemplated in the RR-C zone. Therefore, a traffic study was not required to assess the traffic generated by the facility. However, the Applicant has voluntarily provided a traffic study in response to the appeal (Attachment H, Exhibit B), which indicates that the Project would result in 18 total vehicle trips per day, a net increase of 8 vehicle trips per day when compared to a "traditional" single-family home. This study further concludes that all traffic impacts would be minimal, and fit within the existing capacity of the nearby roadways.

The Appellants state that the current ingress and egress for the proposed Hospice Facility is located directly on Valle Verde Road, even though the property also fronts Espola Road. The City should consider the location of the existing Espola entrance to the Subject Property to serve the proposed Project.

City staff response: Espola Road has a posted speed limit of 45 mph and an average daily traffic (ADT) volume of 16,474. Valle Verde Road, south of Espola Road, is a residential collector without 4 of 137
May 17, 2022, Item #10
a
posted
speed
limit
and
therefore
has
a
25-mph
speed
limit
due
to
its
residential
classification.

While
the
City
does
not
have
a
current
ADT
for
this
section
Valle
Verde
Road,
the
ADT
for
Valle
Verde
Road,
north
of
Espola
Road,
is
5,819.

It
is
expected
that
the
ADT
south
of
Espola
Road
would
be
equal
to
or
less
than
this
volume,
which
is
one-third
of
the
volume
on
Espola
Road.

As
previously
stated,
the
construction
of
a
single-family
residence
does
not
require
a
traffic
study.

However,
based
upon
the
higher
posted
speed
limit
and
traffic
volumes
on
Espola
Road,
providing
driveway
access
to
the
site
from
Espola
Road
would
add
to
vehicular
conflicts
with
motorists,
bicyclists,
and
pedestrians.

Additionally,
vehicle
traffic
entering
the
site
from
Valle
Verde
Road
would
not
be
passing
any
properties
other
than
the
Subject
Property
itself.

Finally,
the
Applicant's
traffic
study
concluded
access
on
Valle
Verde
Road
is
preferred
based
on
similar
engineering
and
safety
concerns,
and
provides
additional
detail
in
response
to
the
arguments
relating
to
traffic
and
access
set
forth
in
the
appeal.
(Attachment
H,
Exhibit
B)
The
Appellant
states
the
plans
for
the
proposed
Hospice
Facility
do
not
make
clear
how
the
transfer
of
patients
will
work
or
whether
transfers
will
be
visible
from
Valle
Verde
Road.

It
is
entirely
inappropriate
to
impose
a
high
level
of
patient
transfers
on
a
quiet
residential
neighborhood
that
includes
families
with
young
children.

City
staff
response:

The
transfer
of
patients
was
not
a consideration
for
the
approval
of
the
MORA
for
a single-family
residence
because
it
is
part
of
the
proposed
use.

The
City
cannot
use
an
aspect
of
the
proposed
use
to
deny
the
Project,
as
it
must
deem
the
use
to
be
consistent
with
and
treated
the
same
as
a "traditional"
single-family
use.

However,
the
Applicant has
indicated
the
transfer
of
patients
will
occur
in
the
northwest
portion
of
the
property,
on
the
west
side
of
the
building,
out
of
view
from
Valle
Verde
Road.

This
area
would
also
be
screened
from
Espola
Road
by
a
landscaped
berm.

The
Appellant
states
the
Project
includes
handicapped
and
electronic
vehicle
(EV)
parking
spaces
and
charging
stations
that
would
be
easily
visible
from
Valle
Verde
Road.

There
is
also
a concern
with
respect
to
the
handling
of
overflow
parking.

City
staff
response:

In
the
original
plans
there
were
two
driveways
to
the
site
along
Valle
Verde
Road.

The
northerly
driveway
did
allow
for
views
into
the
site
of
the
parking
area,
the
disabled
parking
spaces
and
the
EV
charging
stations.

After
concerns
were
raised
by
the
Appellants
and
discussions
with
the
Applicant,
the
north
driveway
was
removed
to
block
visibility
to
the
property
with
landscaped
screening.

The
north
driveway
was
also
problematic
due
to
its
proximity
to
the
intersection.

Because
the
Project
is
reviewed
as
a
single-family
residence,
the
City
cannot
require
any
additional
parking
spaces
beyond
a two-car
garage.

The
Applicant
is
voluntarily
providing
21 parking
spaces
in
addition
to
the
two-car
garage
to
avoid
the
need
to
park
offsite.

The
Appellants
state
that
given
this
is
a
commercial
operation
being
imposed
on
a
residential
neighborhood,
it
has
the
potential
to
directly
and
negatively
affect
property
values.

City
staff
response:

As
previously
mentioned,
pursuant
to
State
Law,
the
Project
must
be
considered
a
single-family
residential
use.

The
proposed
structure
conforms
to
the
development
standards
for
the
RR-C
zone
and
has
been
designed
to
meet
the
requirements
of
a
single-family
residence
and
to
be
compatible
with
the
architecture
of
the
surrounding
neighborhood.

The
City
risks
significant
legal
liability
if
it
determines
the
Project
is
not
permitted,
when
it would
otherwise
permit
an
identical
"traditional"
single
family
home.

With
respect
to
property
values,
the
Applicant
has
provided
a
response
in
Exhibit
D
to
Attachment
H,
in
the
form
of
a
broker's
opinion.
5 of
137
May 17, 2022, Item #10
Avoiding Discrimination under the Federal Fair Housing Act {"FHA"). Americans with Disabilities Act {"ADA") and California Fair Employment and Housing Act {"FEHA'') There is little doubt that individuals suffering from a terminal illness are considered disabled and/or handicapped under state and federal law, and thus subject to additional protections under the FHA, ADA and FEHA. While the legal memorandum provided by the Applicant describes these laws in considerable detail (Attachment H, Exhibit A), the main principle is that if any similar use would be otherwise permitted -such as any residential care facility, whether for the elderly, children, or any various type of illness or substance abuse problems -then the Project cannot be denied based on who is living there (i.e., individuals who need hospice care because they are suffering a terminal illness). Thus, the City cannot grant the appeal and deny the Project based on the impacts unique to a facility providing hospice care as compared to a different type of residential care facility with six or less beds, which there is no dispute would be permitted. To do so would risk significant liability under federal law, in addition to State law. (See, Pac. Shores Props., LLC v. City of Newport Beach (9th Cir. 2013) 730 F. 3d 1142.) It bears noting that as part of its response to the Appeal, the Applicant has made an official request for reasonable accommodation under the FHA and FEHA. (Attachment H, Exhibit A, Exhibit B)
As mentioned above, Attachment H contains a response letter to the appeal from Sharp Healthcare, including several detailed attachments.

Other Correspondence
Several emails and letters from neighboring property owners have been received regarding the Project. Attachment I includes all correspondence received as of the printing of this report. Any correspondence received after that will be provided separately to the Council for consideration.

Environmental Review:

An appeal of an administrative decision is not a project as defined under the California Environmental Quality Act (CEQA). The approval of MDRA 21-023 is categorically exempt from the provisions of CEQA as a Class 3 and Class 32 Categorical Exemption, pursuant to Sections 15303 and 15332 of the CEQA Guidelines, in that it proposes the construction of a single-family residence, which on less than five acres and is consistent with the existing General Plan and zoning designations and other requirements. Any City Council action to deny the appeal is exempt from CEQA for these same reasons.

Fiscal Impact:

None.

Public Notification:

A public notice was mailed to property owners within 500 feet of the Project site and to anyone who expressed interest in the Project. Notice was also posted on the City's website and on the property. 6 of 137
May 17, 2022, Item #10
Attachments: A.

Resolution
B.

Zoning/Location
Map
C.

Architectural
Renderings
D.

Site
Plan
E.

MDRA
21-023
Approval
Letter
dated
February
15,
2022
F.

Appeal
Letter
dated
February
25,
2022
G.

Affidavit
of
Mailing
for
MDRA
21-023
H.

Letter
and
Attachments
from
Sharp
Healthcare
I.

Public
Comments
Reviewed/
Approved
By:

Assistant
City
Manager
7 of
137
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

May 17, 2022, Item #10

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

DENYING
AN
APPEAL
(APL)
22-001
OF
MINOR

DEVELOPMENT
REVIEW

APPLICATION
(MORA)
21-
023

ASSESSOR'S
PARCEL
NUMBER
275-032-04

WHEREAS,
MORA
21-023
is
a
proposal
to
construct
a
6,670
square-foot
single-family
residence
with
an
attached
431-square-foot
garage
to
be
used
as
a
residential
care
facility
(hospice)
on
a

1.02-acre
lot
at
16752
Espola
Road,
in
the
Rural
Residential
C
(RR-C)
zone
("Project");

WHEREAS,
MORA
21-023
was
approved
by
City
staff
on
February
15,
2022;

WHEREAS,
Section

2.20.20 of
the
Poway
Municipal
Code
(PMC)
provides
for
the
appeal
of
administrative
decisions,
and
on
February
25,
2022,
an
appeal
was
filed
regarding
the
approval
of
MORA
21-023
("Appeal");
and

WHEREAS,
on
May
17,
2022,
the
City
Council
at
a
public
meeting
considered
comments
from
the
public,
both
pro
and
con,
relative
to
this
appeal,
including
written
materials
and
oral
presentations
by
both
the
appellants
and
the
applicant,
and
incorporates
all
the
Agenda
Report
for the
May
17,
2022
public
hearing
on
the
appeal
and
all
materials
attached
hereto
into
this
resolution
by
reference.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

A
request
for
City
Council
appeal
of
an
administrative
decision
itself
is
not
a
project
as
defined
under
the
California
Environmental
Quality
Act
(CEQA),
but
the
denial
of
the
appeal
and
final
approval
of
the
Project
is
exempt
from
CEQA
under
both
the
Class
3 and
Class
32 exemptions,
as
set
forth
in
CEQA
Guidelines
sections
15303
and
15332.

SECTION
2:

The
Appeal
of
the
approval
of
MORA
21-023
is
denied.

In
support
of
the
City
Council's
denial
of
the
Appeal,
the
City
Council
incorporates
by
reference
all
the
factual
determinations
and
findings
made
by
City
Staff
in
its
original
approval
of
MORA
21-023,
as
well
as
of
City
Staff's
responses
to
the
Appeal
set
forth
in
the
Agenda
Report
for the
April
17,
Appeal
hearing,
as
if fully
set
forth
herein.

The
City
Council
also
makes
the
following
further
findings
in
support
of
its
denial
of
the
Appeal:

A.

The
design
review
process
for
this
Project
recognized
and
implemented
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

The
Project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
surrounding
residential
development.

In
terms
of
scale,
the
Project
is
only
a
one-story
facility
and
follows
applicable
lot
coverage
and
setback
requirements.

In
terms
of
aesthetics,
the
Project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

Its
landscape
plan
and
fence
provide
sufficient
screening
of
its
parking
facilities
to
minimize
visual
impacts.

Moreover,
the
Project
is
conditioned
to
remove
its
north
driveway
to
reduce
views
of
its
parking
spaces.

The
Project
maintains
a
high
level
of
on-site
parking
above
the
minimum
level
recommended
in
order
to
avoid
the
risk
of
Project-related
street
parking.

The
Project
includes
a
privacy
fence
requested
by
the
area
neighbors
adjacent
to
8 of
137

ATTACHMENT
A
May 17, 2022, Item #10
Resolution
No.
22-
Page
2 the
neighborhood
pedestrian
and
equestrian
trail
to
maintain
the
value
of
this
neighborhood
amenity.

There
is
no
evidence
in
the
record
that
the
Project
would
negatively
impact
property
values,
and
the
only
evidence
is
from
the
Applicant,
which
indicates
the
no
such
impacts
have
occurred
from
its
operation
of
a
similar
facility
in
San
Diego
County.

B.

The
Project
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
along
with
associated
facilities,
such
as
but
not
limited
to
signs,
landscaping,
parking
areas
and
streets.

The
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

The
Project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

The
Project
provides
ample
on-site
parking
above
the
parking
levels
needed
for
the
Project's
average
daily
trips
and
is
able
to
accommodate
parking
on
a
maximum
peak
trip
day
in
order
to
avoid
the
risk
of
Project-related
parking
on
the
street.

To
maximize
the
harmonious
appearance
of
the
Project
and
its
interaction
with
the
local
street,
the
Project
is
conditioned
to
remove
its
north
driveway
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
angles
for
safe
ingress
and
egress
onto
the
local
street.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the
property,
and
the
local
road
is
not
at
maximum
capacity.

Therefore,
there
is
substantial
evidence
the
proposed
development
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
along
with
associated
facilities,
such
as
, but
not
limited
to,
signs,
landscaping,
parking
areas,
and
streets.

C.

The
Project
maintains
the
public
health,
safety,
and
general
welfare,
and
property
within
the
City.

The
Project
is
required
to
be
constructed
in
accordance
with
the
California
Green
Building
Code,
which
is
designed
to
assure
that
residential
structures
are
safe
and
maintain
public
health
and
the
general
welfare.

Moreover,
the
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

MORA
conditions
were
adopted
to
avoid
potential
nuisance
impacts
on
surrounding
properties.

MORA
Condition
C
requires
the
site
to
comply
with
City
noise
ordinances.

MORA
Conditions
E.
12 and
G.
7 requires
the
applicant
to
install
and
maintain
erosion
control
devices
and
drainage
systems
to
assure
silt
and
surface
water
does
not
adversely
affect
neighboring
properties.

MORA
Conditions
F.
9 and
10 require
compliance
with
muted
earth
tone
building
material
finishes
and
approved
landscape
plans
to
avoid
significant
aesthetic
impacts.

The
Project
provides
ample
on-site
parking
above
the
minimum
parking
levels
recommended
for
similar
health
care
facilities
in
order
to
avoid
the
risk
of
Project-related
parking
on
the
street.

To
maximize
the
harmonious
appearance
of
the
Project
and
its
interaction
with
the
local
street,
the
Project
is
conditioned
to
remove
one
of
its
driveways
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
distance
requirements
for
safe
ingress
and
egress
onto
the
local
street.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the property
and
the
local
road
is
not
at
maximum
capacity.

Finally,
the
residence
will
be
staffed
twenty-four
hours
a
day,
seven
days
a
week,
to
monitor
operations
and
control
visitor
access,
as
well
as
for
general
security.

Accordingly,
there
is
substantial
evidence
the
Project
maintains
the
public
health,
safety
and
general
welfare,
and
property
within
the
City.

D.

The
design
review
process
worked
to
assist
this
private
development
Project
to
be
more
cognizant
of
public
concerns
for
the
aesthetics
of
development.

Following
notice
to
adjacent
landowners
within
and
during
the
extended
comment
period,
the
City
received
input
on
ways
the
Project
could
enhance
its
aesthetics
to
reduce
visual
impacts
to
the
public.

In
addition
to
the
already
robust
landscape
plan
to
protect
the
public
from
view
impacts
of
the
Project's
parking
lot,
the
City
staff
agreed
to
condition
the
Project
to
remove
one
of
its
driveways
to
further
reduce
the
neighborhood's
view
of
the
Project's
parking
facilities.

In
addition,
the
design
9 of
137
May 17, 2022, Item #10
Resolution
No.
22-
Page
3 review
process
led
to
improved privacy
fencing
between
the
Project
and
the
neighborhood's
adjacent
pedestrian
and
equestrian
trail
to
reduce
impacts
to
the
aesthetics
of
this
neighborhood
amenity.

Accordingly,
there
is
substantial
evidence
the
design
review
process
worked
to
assist
this
private
development
project
to
be
more
cognizant
of
public
concerns
for
the
aesthetics
of
development.

E.

The
design
review
process
worked
to
reasonably
ensure
that
this
new
development does
not
have
an
adverse
aesthetic,
health,
safety
or
architecturally
related
impact
on
existing
adjoining
properties
or
the
City
in
general.

Following
notice
to
adjacent
landowners
and
the
extended
comment
period,
the
City
received
input
on
ways
the
Project
could
enhance
its
aesthetics
to
reduce
visual
impacts
to
the
public.

In
addition
to
the
already
robust
landscape
plan
to
protect
the
public
from
view
impacts
of
the
Project's
parking
lot,
the
City
staff
agreed
to
condition
the
Project
to
remove
one
of
its
driveways
to
further
reduce
the
neighborhood's
view
of
the
Project's
parking
facilities
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
distances
for
safe
ingress
and
egress
onto
the
local
street.

In
addition,
the
design
review
process
led
to
improved
privacy
fencing
between
the
Project
and
the
neighborhood's
adjacent
pedestrian
and
equestrian
trail
to
reduce
impacts
to
the
aesthetics
of
this
neighborhood
amenity.

The
Project
is
required
to
be
constructed
in
accordance
with
applicable
building
codes,
which
are
designed
to
assure
that
structures
are
safe
and
maintain
public
health
and
the
general
welfare.

MORA
conditions
were
adopted
to
avoid
potential
nuisance
impacts
on
surrounding
properties.

MORA
Condition
C
requires
the
site
to
comply
with
City
noise
ordinances.

MORA
Conditions
E.
12 and
G.7
requires
Sharp
to
install
and
maintain
erosion
control
devices
and
drainage
systems
to
assure
silt
and
surface
water
does
not
adversely
affect
neighboring
properties.

MORA
Conditions
F.
9 and
10 require
compliance
with
muted
earth
tone
building
material
finishes
and
approved
landscape
plans
to
avoid
significant
aesthetic
impacts.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the
property,
and
the
local
road
is
not
at
maximum
capacity.

Expert
City
engineers
and
applicant's
third
party
engineer
have
determined
the
proposed
vehicular
access
location
is
in
the
best
interest
of
the
public
health
and
safety.

Accordingly,
there
is
substantial
evidence
the
design
review
process
worked
to
reasonably
ensure
that
this
new
development
does
not
have
an
adverse
aesthetic,
health,
safety,
or
architecturally
related
impact
on
existing
adjoining
properties
or
the
City
in
general.

F.

The
proposed
development
complies
with
all
applicable
prov1s1ons
of
the
Zoning
Code
and
General
Plan
as
a
residential
use.

The
single-family
structure
is
deemed
to
be
a
residential
use
consistent
with
local
residential
zoning
because
the
use
classification
is
established
by
State
and
federal
laws
that
require
zoning
protection
for
residential
and
health
facilities
that
service
the
terminally
ill
and
disabled.

The
City
cannot
interpret
its
General
Plan
and
Zoning
Code
to
preempt
applicable
State
and
federal
laws
by
requiring
a
costly
rezone
to
a
commercial
or
other
use
through
a
vote
of
the
electorate
prior
to
approving
permits
to
develop
this
healthcare
facility.

Moreover,
the
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

MORA
Condition
C
requires
the
site
to
comply
with
City
noise
ordinances.

MORA
Conditions
E.
12 and
G.7
requires
Sharp
to
install
and
maintain
erosion
control
devices
and
drainage
systems
to
assure
silt
and
surface
water
does
not
adversely
affect
neighboring
properties.

MORA
Conditions
F.
9 and
10 require
compliance
with
muted
earth
tone
building
material
finishes
and
approved
landscape
plans
to
avoid
significant
aesthetic
impacts
Accordingly,
there
is
substantial
evidence
the
proposed
development
complies
with
all
applicable
provisions
of
the
Zoning
Code
and
General
Plan
as
a
residential
use. 10
of
137
May 17, 2022, Item #10
Resolution
No.
22-
Page
4 SECTION
3:

The
City
Council
further
finds
that
the
Project
must
be
considered
a single­
family
use
pursuant
to
State
law.

SECTION
4:

The
City
Council
further
finds
that
the
Project
will
serve
disabled
individuals,
and
thus
finds
that
approval
of
the
Project
is
an
appropriate
and
justified
reasonable
accommodation
consistent
with
the
Federal
Fair
Housing
Act
and
California
Fair
Employment
and
Housing
Act.

SECTION
5:

The
City
Council's
decision
to
deny
the
Appeal
is
final,
and
the
approval
of
MORA
21-023
by
City
staff
on
February
15,
2022,
remains
in
full
force
and
effect.

SECTION
6:

The
City
Council's
decision
to
deny
the
Appeal
is
subject
to
judicial
review
under
California
Code
of
Civil
Procedure
section
1094.5.

PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
17th
day
of
May,
2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
11 of
137
May 17, 2022, Item #10
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May 17, 2022, Item #10
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GI .0
May 17, 2022, Item #10
STEVE
Vr\US,
t--fayor
JOHN
l\,fULLlN,
Dcput:y
l'vfa)•or
CA
YLIN
FRANK,
Councilmcrnbcr
DAVE

GROSCH,
Councilmc:mbcr
BARRY

LEONARD,
Councilmcmbcr
February
15,
2022
Solana
Vista
Builders
Attn:

Keith
Kulberg
CITY
OF
POWAY
101
North
Acacia
St.,
Ste,
108
Solana
Beach,
CA
92075
Subject:

Minor
Development
Review
Application
(MORA)
21-023;
APN
275-032-04
Dear
Mr.

Kulberg,
Your
request
for
approval
of
MORA
21-023
has
been
approved
subject
to
the
conditions
contained
in
this
letter.

The
approval
of
MORA
21-023
allows
for
the
construction
of
a
6,670
square-foot
single­
family
residence
with
an
attached
431-square-foot
garage
to
be
used
as
a
residential
care
facility
located
at
16752
Espola
Road
in
the
Rural
Residential
C
(RR-C).

Notice
is
further
given
that
pursuant
to
Government
Code
Section
66020(d)(1
),
the
90-day
period
to
protest
the
imposition
of
any
fee,
dedication,
reservation,
or
other
exaction
described
in
this
letter
begins
on
the
date
of
this
approval
and
any
such
protest
must
be
in
a
manner
that
complies
with
Government
Code
Section
66020.

In
addition
to
the
appeal
requirements,
pursuant
to
the
Government
Code,
a
written
appeal
of
this
decision
pursuant
to
the
PMC
must
also
be
filed.

Environmental
Findings:

MORA
21-023
is
Categorically
Exempt
from
the
provisions
of
the
California
Environmental
Quality
Act
(CEQA),
as
a
Class
3(a)
Categorical
Exemption,
pursuant
to
Section
15303
of
the
CEQA
Guidelines,
in
that
it
proposes
the
construction
of
a
single-family
residence.

Findings: A.

The
project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
existing
surrounding
residential
development.

Therefore,
the
project respects
and
recognizes
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

B.

The
project
has
been
designed
to
minimize
impacts
on
surrounding
development
in
that
the
building
has
been
designed
to
be
compatible
with
surrounding
residential
development.

Therefore,
the
proposed
development
respects
public
concerns
for
the
aesthetics
of
development
and
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City.

C.

The
granting
of
the
MORA
would
not
be
materially
detrimental
to
the
public
health,
safety
or
welfare
within
the
community
since
the
proposed
project
will
be
required
to
construct
the
necessary
utility
service
improvements
and
adequate
infrastructure
exists
in
the
area
to
serve
the
site.

City
Hall
Located
at
13325
Civic
Center
Drive
Mailing
Address:

P.O.

Box
789,
Poway,
California
92074,0789
16 of
137

ATTACHMENT
E
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
2 D.

The
project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

Therefore,
the
proposed
development
respects
the
public
concerns
for
the
aesthetics
of
development.

E.

The
project
will
not
have
an
adverse
effect
on
the
aesthetics,
health
and
safety,
or
an
architecturally­
related
impact
upon
adjoining
properties,
as
the
project
will
be
compatible
in
design
and
have
exterior
building
materials
consistent
with
the
surrounding
residential
development.

F.

The
design
of
the
proposed
development
is
consistent
with
all
elements
of
the
Poway
General
Plan
and
conforms
with
applicable
provisions
of
the
Zoning
Code.

Conditions
of
Approval:

A.

The
applicant
shall
defend,
indemnify,
and
hold
harmless
the
City,
its
agents,
officers,
and
employees
from
any
and
all
claims,
actions,
proceedings,
damages,
judgments,
or
costs,
including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
and
any
environmental
document
or
decision.

The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.

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

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

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

B.

Approval
of
this
request
shall
not
waive
compliance
with
the
Zoning
Ordinance
and
all
other
applicable
City
Ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

C.

Development
on
the
site
must
comply
with
the
Poway
Noise
Ordinance,
Chapter

8.08 Poway
Municipal
Code
(PMC)
.

Construction
work
is
specifically
regulated
by
PMC

8.08.100.

D.

The
site
shall
be
developed
in
accordance
with
the
approved
project
plans
(Exhibit
A)
and
conditions
of
approval
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein.

E.

Prior
to
grading,
the
applicant
shall
obtain
a
Grading
Permit.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
comply
with
the
following:
(Engineering) 1.

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

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

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

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
17 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
3 review
and
approval.

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

Incomplete
submittals
will
not
be
accepted.

All
technical
studies
as
required
by
Chapter
16 of
the
Poway
Municipal
Code
shall
be
submitted.

3. The
grading
plan
shall
show
the
southern
driveway
along
Valle
Verde
as
the
only
vehicular
entrance
to
the
site.

4. A
drainage
study
addressing
the
impacts
of
the
100-year
sto
rm
event
prepared
by
a
licensed
CivH
Engineer
is
to
be
submitted
and
approved
. The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer.

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

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

A
Final
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved.

The
applicant
will
be
required
to
install
approved
trash
treatment
control
devices
and
include
these
facilities
in
the
SWQMP
.
a.

Property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
(SWFMA)
accepting
responsibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
easement
and
operation
and
maintenance
requirements
shall
be
binding
on
the
land
as
outlined
in
Chapter

16.104
of
the
Poway
Municipal
Code.
b.

Provide
one
copy
of
each
of
the
exhibits
necessary
for
the
SWFMA.

Exhibits
shall
include
but
are
not
limited
to:

Property
and
Easement
Legal
Descriptions,
Site
Plan,
and
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
Poway
Municipal
Code.
c.

Upon
approval
of
the
SWQMP,
provide
a
PDF
version.

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

7. Grading
securities
shall
be
posted
with
the
City
prior
to
grading
plan
approval
per
section

16.46 .080
of
the
Poway
Municipal
Code.

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

8. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule.
18 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
4 9.

Following
approval
of
the
grading
plans,
posting
of
securities
and
fees,
and
receipt
of
one
copy
of
the
SWPPP
and
three
copies
of
the
approved
plans,
the
applicant
shall
attend
a
pre­
construction
meeting
at
the
Department
of
Development
Services.

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

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

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

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

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

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

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

As
applicable,
proviqe
two
copies
of
a
written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans.
12 . Erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April
30 annually.

The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life.

13. All
spoil
materials
from
footings
and
foundations
shall
be
legally
disposed
of
off-site
or
if
the
material
is
to
remain
onsite,
the
material
shall
be
placed
per
the
requirements
of
the
City
grading
ordinance.

14. Improvement
plans
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City's
project
engineer,
in
accordance
with
the
submittal
and
content
requirements
listed
in
the
Poway
Municipal
Code
shall
be
approved.

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

The
improvement
design
shall
be
100%
complete
at
the
time
of
submittal
and
ready
for
approval.

The
improvement
plan
shall
include
the
proposed
fire
hydrant
on
Valle
Verde
Road
.

15. The
project
requirements
for
fire
protection
specify
the
installation
of
a
fire
hydrant
and
expansion
of
the
water
system
necessary
to
support
the
installation
of
the
hydrants
. A
Water
System
Analysis
may
be
required
for
final
design
of
the
proposed
water
system
expansion.

Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
submittal
of
improvement
plans.

16. The
public
improvement
plan
shall
be
reviewed
and
approved
to
the
satisfaction
of
the
City
Engineer.

Upon
approval
of
the
improvement
plan,
the
applicant
shall
enter
into
a
Standard
Agreement
for
public
improvements
for
the
work
to
be
done
as
part
of
the
Public
Improvement
plan.

The
applicant
will
be
responsible
for
posting
securities
for
monumentation
and
public
improvements.

F.

Prior
to
construction,
the
applicant
shall
obtain
a
Building
Permit.

Prior
to
issuance
of
a
Building
Permit,
the
applicant
shall
comply
with
the
following:
19 of
137
May 17, 2022, Item #10
Sharp
Mountain
view
Hospice
Home
MORA
21-023
February
15,
2022
Page
5 (Engineering) 1.

The
fire
hydrant
on
Valle
Verde
Road
shall
be
installed
and
accepted
by
the
City.

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

Grading
shall
be
in
accordance
with
the
Uniform
Building
Code,
the
City
Grading
Ordinance,
the
approved
grading
plan,
the
approved
soils
report,
and
grading
practices
acceptable
to
the
City.

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

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

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

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

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

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

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
(Planning) 6.

School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
issuance.

Please
contact
the
Poway
Unified
School
District
for
additional
information
at
(858)
679-2570.

7. An
Affordable
Housing
In-Lieu
Fee
of
$500
for
the
main
residence
shall
be
collected
prior
to
the
Building
Permit
issuance.

8. The
residence
shall
be
equipped
with
low-flow
plumbing
fixtures.

9. Exterior
building
materials
and
finishes
shall
be
muted
earth
tones
and
shall
be
consistent
with
the
elevations
on
file
at
the
City
(Exhibit
A).

Please
note
the
colors
of
exterior
finishes
on
the
building
plans
.

10. Landscape
and
irrigation
plans
shall
be
submitted
and
approved.

The
landscape
and
irrigation
plans
shall
demonstrate
compliance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual,
Chapters

17.41 of
the
Poway
Municipal
Code
(PMC),
and
all
other
applicable
standards
in
effect
at
the
time
of
landscape
and
irrigation
plan
check
submittal.

This
includes
but
is
not
limited
to
the
submittal
of
an
irrigation
audit
report,
pursuant
to
Section

17.41.110
of
the
PMC,
prior
to
final
inspections/issuance
of
a
Certificate
of
Occupancy.

The
landscape
and
irrigation
plan
submittal
are
a
separate
submittal
from
other
project
plan
check
submittals
and
is
made
directly
to
the
Planning
Division.

Contact
the
Planning
Division
for
copies
of
applicable
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
20 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
6 worksheet.

Landscape
and
irrigation
plan
review fees
are
required
and
are
the
responsibility
of
the
applicant.

11. Parking
areas
shall
be
screened
with
berms
and
landscaping.

Plantings
shall
be
evergreen
and
spaced
to
ensure
adequate
screening
within
two
years
of
installation.

Plantings
shall
consist
of
trees
and
shrubs,
at
least
15-gallon
and
five-gallon
container
sizes
respectively,
to
provide
required
screening.

G
.

Prior
to
issuance
of
a
Certificate
of
Occupancy:
(Engineering) 1.

The
public
improvements
shall
be
installed
and
completed.

2. The
stormwater
facilities
shall
be
complete
and
operational.

3. All
applicable
easement
dedications
and
maintenance
agreements
are
to
be
recorded.

4. Two
copies
of
record
drawings,
signed
by
the
engineer
of
work,
shall
be
submitted
to
Development
Services
prior
to
a
request
of
occupancy,
per
Section
16 .52.130B
of
the
Grading
Ord
inance.

Record
draw
ings
shall
be
submitted
in
a
manner
to
allow
the
City
adequate
time
for
review
and
approval
prior
to
issuance
of
occupancy
and
release
of
grading
securities
(at
least
three
weeks
prior
to
a
request
for
occupancy
is
recommended).

All
other
final
reports
and
agreements,
as
outlined
in
Section

16.52 .130
of
the
Grading
Ordinance
are
to
be
approved.

5. All
existing
and
proposed
utilities
or
extension
of
utilities
required
to
serve
the
project
shall
be
installed
underground.

6. The
drainage
facilities,
driveway
, and
all
utility
services
shall
be
installed
and
completed
by
the
property
owner
and
inspected
and
approved
by
the
Engineering
Inspector
. All
new
utility
services
shall
be
placed
underground.

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

8. The
applicant
shall
repair,
to
the
satisfaction
of
the
City
Engineer,
any
and
all
damage
to
public
or
private
improvements
caused
by
construction
activity
from
this
project.
(Planning)

9. Landscape
and
irrigation
shall
be
installed
and
maintained
in
accordance
with
the
approved
landscape
and
irrigation
plans
on
file
with
the
City
of
Poway
Planning
Division
.

All
landscaping
shall
be
maintained
in
a
thriving
condition.

10. The
site
shall
be
cleared
of
all
construction
materials,
supplies,
and
equipment.

H.

The
applicant
shall
comply
with
the
following
requirements
to
the
satisfaction
of
the
Director
of
the
21 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
7 Safety
Services
(Fire
Department):

1. The
approved
fire
apparatus
access
(driveway)
for
fire
protection,
either
temporary
or
permanent
shall
be
made
available
as
soon
as
combustible
material
arrives
on
site.

2. A
fire
hydrant
capable
of
supplying
the
required
fire
flow
of
1,500
gallons
per
minute
(GPM)
for
fire
protection
shall
be
provided
within
600
feet
of
an
approved
route
to
all
premises
upon
which
facilities,
buildings,
or
portions
of
buildings
will
be
constructed.

3. Fire
apparatus
access
roads
shall
have
an
unobstructed,
improved
width
of
not
less
than
20 feet,
except
single-family
residential
driveways
serving
no
more
than
two
improved
parcels
containing
dwelling
units
shall
have
a
minimum
16 feet
of
unobstructed
improved
width.

In
most
cases,
the
City
of
Poway
construction
standards
for
streets
(Chapter

12.20 PMC)
will
be
more
restrictive.

The
more
restrictive
standard
shall
apply.

Vertical
overhead
clearance
shall
be
a
minimum
of
13 feet
6 inches.

Fire
apparatus
access
roads
shall
be
designed
and
maintained
to
support
the
imposed
loads
of
fire
apparatus
not
less
than
75,000
pounds
unless
authorized
by
the
fire
authority
having
jurisdiction
(FAHJ)
and
shall
be
provided
with
an
approved
paved
surface
as
to
provide
all-weather
driving
capabilities.

A
paved
driving
surface
shall
mean
asphalt,
concrete,
or
permeable
paving
system.

The
turning
radius
of
a
fire
apparatus
access
road
shall
be
a
minimum
of
28 feet
as
measured
to
the
inside
edge
of
the
improvement
width
or
as
approved
by
the
fire
code
official.

Alternatively,
every
building
shall
be
accessible
to
Fire
Department
apparatus
by
way
of
access
roadways
with
an
all-weather,
paved
driving
surface
of
not
less
than
16 feet
of
unobstructed
width
1 with
a
roadway
interior
turning
radius
of
not
less
than
28 feet
capable
of
supporting
the
imposed
loads
(75,000
pounds)
of
fire
apparatus
with
a
minimum
of
13-feet
6-inches
of
vertical
clearance.

4. Fire
apparatus
access
roads
(driveways)
shall
extend
to
within
150
feet
of
all
portions
of
the
exterior
walls
of
the
first
story
of
the
structure
as
measured
by
an
approved
route
around
the
exterior
of
the
building.

5. The
gradient for
a
fire
apparatus
access
roadway
shall
not
exceed
20 percent.

Grades
exceeding
15 percent
(incline
or
decline)
shall
be
constructed
of
Portland
cement
concrete
(PCC),
with
a
deep
broom
finish
perpendicular
to
the
direction
of
travel,
or
equivalent,
to
enhance
traction.

Grades
exceeding
10 percent
shall
be
constructed
of
asphalt
or
PCC.

Permeable
paver
systems
shall
not
be
used
for
grades
exceeding
10 percent.

The
fire
code
official
may
require
additional
mitigation
measures
where
he
or
she
deems
appropriate.

6. The
angle
of
departure
and
the
angle
of
approach
of
a
fire
access
roadway
shall
not
exceed
seven
degrees
(12
percent)
or
as
approved
by
the
fire
code
official.

7. All
dead-end
fire
access
roads
in
excess
of
150
feet
in
length
shall
be
provided
with
approved
provisions
that
allow
emergency
apparatus
to
turn
around.

A
cul-de-sac
shall
be
provided
in
residential
areas
where
the
access
roadway
serves
more
than
two
structures.

The
minimum,
unobstructed
paved
radius
width
for
a
cul-de-sac
shall
be
38 feet
in
residential
areas.

The
fire
code
official
shall
establish
a
policy
identifying
acceptable
turnarounds
for
various
project
types.

8. Approved
numbers/or
addresses
shall
be
placed
on
all
new
and
existing
buildings
and
at
appropriate
additional
locations
as
to
be
plainly
visible
and
legible
from
the
street
or
roadway
22 of
137
May 17, 2022, Item #10
Sharp Mountainview Hospice Home
MORA 21-023
February 15, 2022

Page 8 ends
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