Agenda packet — Poway City Council, August 2, 2022

�•o� AG EN DA Poway City Council
�� Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 August 2, 2022 I 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m.

Meetings I Regular City Council meetings are held in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will be open to the public.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council meeting in person, watch the City Council meeting live online, or participate remotely via Zoom. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

IN-PERSON SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes.

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Go to: www.poway.org/meeting and join using
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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
Council member
Caylin Frank
Council member
Barry Leonard
Council member
speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally or by submitting a chat. If you are not using your computer's audio, please remember to enter your Participant ID on your computer screen when prompted on the phone. If you choose to call in without logging in on line and you wish to speak on an item, you may press *9 when the Mayor asks for speakers at the time that the item you wish to speak on is being considered. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting.

Technical Support I For more information on how to connect, visit www.poway.org/meetinghelp .

Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a"#" symbol are in preparation.

American Disabilities Act Tit le 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:

Recognition of Donation from the Friends of Poway Seniors PUBLIC COMMENT: In accordance wit h State law, an item not scheduled on the agenda may be brought forward by the genera l 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 oppor tunity to address the Council under Public Comment. 2 of 4 Regular City Council Meeting August 2, 2022
CONSENT CALENDAR : The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Council member, a member of the publ ic, or City Manager requests that an item be removed for discussion.

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

2. Approval of the June 7, 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. Acceptance of the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project; Bid No. 21-017, with DB Pipeline, Inc., as Complete

5. Rejection of Received Bid for the FY 21-22 Annual Trash Capture Program Project; Bid No. 22-014, and Direction to Staff to Utilize an Informal Bidding Process to Award the Project

6. Award of Contract to Nu Line Technologies, LLC, for the FY 2022-23 CMP Annual Repair Project; Bid No. 23-001

7. Award of Contract to Eastridge Engineering and Construction for the Caustic Soda Tank Replacement Project; Bid No. 23-002
ORDINANCES FOR INTRODUCTION : None
ORDINANCES FOR ADOPTION: None
PUBLIC HEARINGS :

8. Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006; a Request to Construct a 4,791-square-foot Automotive Service Building Containing Nine Bays at 13747 Poway Road for the Poway Honda Dealership
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution approving MCUP 19-006 and DR 19-006.

9. Adoption of Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule.

STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
3 of 4 Regular City Council Meeting August 2, 2022
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) AD!OURNMENT
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 July 26, 2022. Said meeting to be held at 7:00 p.m., August 2, 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.

LAMu" ~ ~/-1 Li~ -~ -~)
Carrie Gallagher, CMC, otyOer k'
4 of 4 Regular City Council Meeting August 2, 2022
August 2, 2022, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

August 2, 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 June 7, 2022 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• June 7, 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 the City Council approve June 7, 2022 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. June 7, 2022 Regular City Council Meeting Minutes
Reviewed/ Approved By:
w~~se~
Assistant City Manager
1 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
August 2, 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 June
7,
2022
City
Council
Chambers
13325
Civic
Center
Drive,
Poway,
California
(Per
Government
Code
54953)
(Meeting
Called
to
Order
as
City
Council/City
of
Poway
Planning
Commission/Poway
Housing
Authority/Public
Financing
Authority
and
Successor
Agency
to
the
Poway
Redevelopment
Agency)
CALL
TO
ORDER
Mayor
Vaus
called
the
Regular
Meeting
to
order
at
7:00
p.m.

ROLL
CALL

Present:

Barry
Leonard,
Caylin
Frank,
Dave
Grosch,
John
Mullin,
Steve
Vaus
STAFF

MEMBERS

PRESENT
City
Manager
Chris
Hazeltine;
Assistant
City
Manager
Wendy
Kaserman;
City
Attorney
Alan
Fenstermacher;
City
Clerk
Carrie
Gallagher;
Finance
Director
Aaron
Beanan;
Director
of
Public
Works
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 None
.

PUBLIC

COMMENT
Yuri
Bohlen
inquired
on
the
annual
budget
allocation
specific
to
services
for
the
Poway's
homeless
population.
2 of
6 August 2, 2022, Item #2
City of Poway -Minutes -June 7, 2022
Marisa Lowe of the Poway Library spoke regarding both kids and adult programs and shared details of "Pancakes on the Patio" event, summer programs kickoff to be held June 18th.

CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Deputy Mayor Mullin to approve Consent Calendar Items 1 through 16. 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 April 19, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 22-025 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. Adoption of Resolution No. 22-026 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 19-1 for Fiscal Year 2022-23 and Approving the Engineer's Report."

5. Adoption of Resolution No. 22-027 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2022-2023 and Approving the Engineer's Report."

6. Adoption of Resolution No. 22-028 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-1 for Fiscal Year 2022-23 and Approving the Engineer's Report."

7. Adoption of Resolution No. 22-029 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-2 for Fiscal Year 2022-23 and Approving the Engineer's Report."

8. Adoption of Resolution No. 22-030 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 86-3 for Fiscal Year 2022-2023 and Approving the Engineer's Report."

9. Adoption of Resolution No. 22-031 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Landscape Maintenance District No. 87-1 for Fiscal Year 2022-23 and Approving the Engineer's Report."
3 of 6
August 2, 2022, Item #2
City of Poway -Minutes -June 7, 2022

10. Adoption of Resolution No. 22-032 entitled "A Resolution of the City Council of the City of Poway, California, Declaring the Intention to Levy and Collect Assessments Within Poway Lighting District for Fiscal Year 2022-2023 and Approving the Engineer's Report."

11. Approval of a First Amendment to the Contract for the Sale and Purchase of Goods and Materials with Univar Solutions USA Inc. for the Purchase of Water Treatment Plant Chemicals; RFB No. 21-023

12. Award of Contract to U.S. Tank & Mechanical Services, Inc. for the Reservoir Overflow Modifications Project; Bid No. 22-008

13. Approval of Consultant Agreement with Harper & Associates Engineering, Inc. for Engineering Design Services for the Rehabilitation of Reservoirs R-4 and R-7; RFP No. 22-023

14. Approve Poway's 2022-2023 Water Supply and Demand Assessment

15. Review of the City's Local Conflict of Interest Code

16. Adoption of Resolution No. 22-033 entitled "A Resolution of the City Council of the City of Poway, California, Approving Master Agreement Administering Agency-State Agreement for State-Funded Projects No. 11-5428S21 and Authorizing the City Manager to Execute Said Agreement and Approve Future Program Supplements."

ORDINANCES FOR INTRODUCTION
None.

ORDINANCES FOR ADOPTION
None.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

17. Adoption of Resolution No. 22-034 entitled "A Resolution of the City Council of the City of Poway, California, Adopting Water Shortage Level 2 Conservation Measures." Utilities Administrator Jessica Parks presented the item. She explained due to a third year of significant drought in California, the Governor issued an executive order to have the State Water Resources Control Board mandate water conservation actions. Staffs recommendation to remain in a water shortage level one and meet the state's requirements by implementing the level two mandatory water use restrictions is based on the actions of the San Diego County Water Authority and the results of the annual water supply and demand assessment which show Poway has the supplies to meet demands through June 2023. Ms. Parks noted Poway reduced its water demands by more than 40 percent over the past 20 years even with population and development growth, further she discussed regulations and water use restrictions and provided directions for residents to report waste. 4 of 6
August 2, 2022, Item #2
City of Poway -Minutes -June 7, 2022
Public Comment:

Joe St. Lucas spoke regarding recycled water and desalination plants. He suggested the State of California use its reported $97 billion surplus to install a desalination plant every 15 miles up the coastline to alleviate the state's water shortage.

Yuri Bohlen discussed Prop 218, rate increases, and rate tiers, suggesting the City reward citizens with rebates or credits for water conservation.

End of Public Comment.

Council discussion ensued regarding fixed costs, recycled water, desalinization, exemptions of non-functional decorative turf and mandated level 2 conservation measures and its enforcement of which staff stated there will be no City enforcement. Any enforcement will be handled by the state.

Motioned by Councilmember Grosch, seconded by Deputy Mayor Mullin to adopt Resolution No. 22-034 entitled, "A Resolution of the City Council of the City of Poway, California, Adopting Water Shortage Level 2 Conservation Measures." Motion carried unanimously.

WORKSHOPS
None.

COUNCIL-INITIATED ITEMS:

18. Adoption of Resolution No. 22-035 entitled "A Resolution of the City Council of the City of Poway, California, Supporting SB-1338, Community Assistance, Recovery, and Empowerment (CARE) Court Program."
Mayor Vaus presented the report and explained the Community Assistance, Recovery and Empowerment (CARE) Court Program essentially connects individuals struggling with untreated mental illness with a court ordered plan managed by a Care Team for up to 24 months. Mayor Vaus noted, along with City Manager Hazeltine and Sheriff Captain Karla Menzies, having met with staff from the Governor's office a few weeks earlier and was thankful for the acknowledgment that "housing first doesn't always work".

Public Comment:

Henry Clingingsmith discussed a moratorium on evictions recently adopted by the City of San Diego and suggested a similar ban on no fault evictions in Poway could be a helpful solution for homelessness in Poway.

End of Public Comment.

Council discussion ensued regarding drug abuse and its effect on mental health as a root cause of homelessness and recognizing treatment of this nature is a huge step in the right direction.
5 of 6
August 2, 2022, Item #2
City
of
Poway-
Minutes
-
June
7,
2022
Motioned
by
Mayor
Vaus,
seconded
by
Councilmember
Leonard
to
adopt
Resolution
No.
22-035
entitled,
"A
Resolution
of
the
City
Council
of
the
City
of
Poway,
California,
Supporting
58-1338,
Community
Assistance,
Recovery,
and
Empowerment
(CARE)
Court
Program."
Motion
carried
unanimously.

COUNCIL

COMMITTEE

REPORTS
and
ANNOUNCEMENTS:

Pursuant
to
AB1234
-
(G.C.
53232(d)) Councilmember
Leonard
reported
having
attended
an
Eagle
Scout
ceremony
at
Old
Poway
Park.

Councilmember
Frank
reported
on
her
recent
attendance
at
the
Poway
Firefighters'
Association
and
Burn
Institute
fundraiser
held
at
Hop
Stop.

She
invited
residents
to
attend
the
San
Diego
County
Fair
to
watch
Poway
Firefighters
participate
in
the
demolition
derby.

Councilmember
Grosch
reported
having
attended
an
Eagle
Scout
ceremony
for
three
young
men
at
St.

Michael's
Church.

He
commended
Recreation
Area
Manager
Sarah
Becker
for
her
work
on
the
flower
beds
at
Old
Poway
Park
and
recognized
the
Public
Works
Department
for
their
quick
removal
of
graffiti
at
Silverset
Park.

Deputy
Mayor
Mullin
reported
having
attended
several
Metro
Wastewater
meetings
held
to
discuss
construction
and
planning
of
the
Pure
Water
program.

Mayor
Vaus
reported
his
attendance
at
the
Valley
Elementary
School
Art
program
bench
unveiling,
PowerPoint
photos
were
shared
with
the
audience.

CITY

MANAGER
ITEMS
None. CITY

ATTORNEY
ITEMS
(Including
any
public
report
of
any
action
taken
in
closed
session)
None. ADJOURNMENT Mayor
Vaus
adjourned
the
meeting
at
7:50
p.m.
6 of
6 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
August 2, 2022, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
August 2, 2022
J:;fn;~:::l::,y;~::~i:emb~~;;; City Council
Jeff Chumbley, Fire Chief ~
(858) 668-4461 or [email protected]
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 COVI D-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

7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, 1 of 5
August 2, 2022, Item #3
February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21 and July 19. 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 July 18, 2022, City costs to respond to COVID-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 COVI D-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:

Wendy Kerman
Assistant City Manager
2 of s
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
August 2, 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,
May
3,
May
17,
June
7,
June
21 and
July
19;

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
s

ATTACHMENT
A
August 2, 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 (COVI D-19) global pandemic; and
(a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property;
(b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce;
(c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended.

SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of 5
August 2, 2022, Item #3

PROCLAMATION
OF
LOCAL

EMERGENCY

WHEREAS,
section

2.12 .060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
SeNices
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
SeNices
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)
commenc
ing
on
January
24,
2020;

WHEREAS,
that
the
City
Council
of
the
City
of
Poway
is
not
in
session
and
cannot
immediately
be
called
into
session;
and

WHEREAS,
this
Proclamation
of
Local
Emergency
will
be
ratified
by
the
City
Council
within
seven
days
of
being
issued
.

NOW,

THEREFORE,
IT
IS
HEREBY

PROCLAIMED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway,
that
a
local
emergency
now
exists
throughout
the
City
and
that
said
local
emergency
shall
be
deemed
to
continue
to
exist
until
its
termination
is
proclaimed
by
the
City
Council; IT
IS

FURTHER

PROCLAIMED
AND

ORDERED
that
during
the
existence
of
said
local
emergency
the
powers,
functions,
and
duties
of
the
emergency
organization
of
this
City
shall
be
those
prescribed
by
state
law,
ordinances,
and
resolutions
of
this
City,
and
by
the
City
of
Poway
Emergency
Plan;
and
IT
IS

FURTHER

PROCLAIMED
AND

ORDERED
that
a
copy
of
this
Proclamation
of
Local
Emergency
be
forwarded
to
the
State
Director
of
the
Governor's
Office
of
Emergency
Services
with
a
request
that

1. The
State
Director
find
the
Proclamation
of
Local
Emergency
acceptable
in
accordance
with
provisions
of
the
Natural
Disaster
Assistance
Act;
and

2. The
State
Director
forward
this
Proclamation,
and
request
for
a
State
Proclamation
and
Presidential
Declaration
of
Emergency,
to
the
Governor
of
California
for
consideration
and
action.

PASSED
AND

ADOPTED
by
the
Director
of
Emergency
Services
for
the
City
of
Poway
this
13th
day
of
March
2020.

Chr
~
Director
of
Emergency
Services
5 of
5 ATTACHMENT
B
August 2, 2022, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
August 2, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services fAJ\
Andrea Thomas, Associate Civil Engineer~
(858) 668-4605 or [email protected]

CITY COUNCIL
Acceptance of the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project; Bid No. 21-017, with DB Pipeline, Inc., as Complete On June 15, 2021 the City Council awarded the contract for the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project; Bid No. 21-017, to DB Pipeline, Inc., in the amount of $287,297.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
(1) Accept the Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project as complete;
(2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $13,785.29, if unencumbered, 45 days after City Council acceptance;
(4) Release the North American Specialty Insurance Company Bond for Material and Labor in the amount of $287,297.00 after the release of retention; and (5) Retain the North American Specialty Insurance Company Bond for Faithful Performance for a period of one year.

Discussion:

The Sewer Line Repair Replace 20/21 (Pomerado Road/Stone Canyon Road) project replaced 131 feet of dilapidated clay sewer pipe, constructed a new manhole, and installed 1,037 feet of protective liner.

A portion of the project was performed within the City of San Diego right-of-way on a sewer utility owned by the City of Poway.

This project was a continuation of the Sewer Line Repair Replace 14/15 (Pomerado Road/Stone Canyon Road). The original construction was deemed unfeasible to complete due to conflicts with unknown utilities and rock obstructions. This revised project scope repaired sags in the existing lines and constructed a drop manhole to eliminate a problematic vertical anomaly. In addition to the repairs in Pomerado Road, a separate 8-inch collector sewer line in a nearby sewer easement had 55 1 of 2
August 2, 2022, Item #4
feet of failing pipe replaced. A structural liner was added to the existing clay pipes resulting in increased longevity and resilience required to machine clean the pipe without causing damage. The project cost covered pipe repairs, sewer manhole installation, sewer bypassing, pipe liner installation, traffic control, and restoration of surface improvements.

There were two change orders for this project, the sum of which decreased the contract amount by $11,591.30. The change orders included additional costs for an increased length of repairs added to the contract, costs related to a change in design due to unforeseen conditions, and a credit for work no longer needing to be performed. The quantity of pipe repairs differed from the plan due to conservative estimation during design of the extent of damaged pipe and the condition of the nearest pipe joint to connect new pipe. The design change was a result of groundwater conditions and unforeseen proximity of adjacent utilities. The final contract amount is $275,705.70.

Environmental Review:

The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act.

Fiscal Impact:

Sufficient funds are available in the Project account (SWR0001) for the release of retention. Funds remaining in the project after acceptance will be returned to the sewer enterprise fund (5200) for future projects.

Public Notification:

None.

Attachments:

None.

Reviewed/ Approved By:

Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
August 2, 2022, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
August 2, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services PA.A
Andrea Thomas, Associate Civil Engineer°1¥
(858) 668-4605 or [email protected]

CITY COUNCIL
Rejection of Received Bid for the FY 21-22 Annual Trash Capture Program Project; Bid No. 22-014, and Direction to Staff to Utilize an Informal Bidding Process to Award the Project
A Notice Inviting Bids was duly advertised on June 2, 2022, for the FY 21-22 Annual Trash Capture Program project. One bid was received and opened on June 22, 2022. The single bid exceeded the engineer's estimate by $99,500.00. Per Municipal Code Section 3.28.070 (E), at its sole discretion, the City Council may reject all bids presented and re-advertise for bids in accordance with California Public Contract Code Section 20166.

Recommended Action:

It is recommended the City Council reject the received bid and authorize staff to proceed with an informal bidding process permitted by the California Uniform Public Construction Cost Accounting Act (CUPCCM) to award the contract.

Discussion:

The scope of work includes the installation of certified full trash capture devices in existing storm drain inlets and cleanouts in various locations in the South Poway Business Park.

On June 22, 2022, the City received a single bid for $249,500.00 from Tri-Group Construction and Development. The bid exceeded the estimated cost by $99,500.00. Staff evaluated awarding the project to the contractor who submitted the bid, against using the recently adopted CUPCCM program for projects below $200,000. The informal bid process permitted under CUPCCAA consists of soliciting a minimum of three cost proposals from a list of pre-qualified contractors.

The CUPCCM process was recently established by the City and was not available to staff at the time this project was advertised for construction. The CUPCCM process is informal and is the most efficient and cost-effective process available. By using CUPCCM, the City can reach out to specific contractors which increases the likelihood of receiving a favorable bid. Staff compared the submitted bid against recent bid data and current product costs. The comparison confirmed the engineer's 1 of 2
August 2, 2022, Item #5
estimate of $150,000 was well within the range of expectation for the scope of this project, and suitable for the CUPCCAA informal bidding process.
' Environmental Review:

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

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

None.

Reviewed/ Approved By:

WmdYserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
August 2, 2022, Item #6
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

August 2, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -/,AA
Jeff Beers, Special Projects Engineer !f;?
(858) 668-4624 or [email protected]

CITY COUNCIL
SUBJECT: Award of Contract to Nu Line Technologies, LLC, for the FY 2022-23 CMP Annual Repair Project; Bid No. 23-001
Summary:

This action will award a construction contract for the FY 2022-23 CMP Annual Repair project. The project includes repairing and placing cured-in-place pipe (CIPP) lining wi~hin existing corrugated metal pipe (CMP) in various locations.

Recommended Action:

It is recommended the City Council award the contract for the FY 2022-23 CMP Annual Repair project to Nu Line Technologies, LLC, in the amount of $82,679.00 and authorize the City Manager to execute the contract (Attachment A).

Discussion:

The FY 2022-23 CMP Annual Repair project is an annual Capital Improvement Program project. Storm drain piping that has outlived its useful life is reviewed and included in the annual program based on the severity of the pipe deterioration. This year's project includes five locations: Otis Place, Sam-0- Reno, Springvale Street, Taunt Road, and Utopia Road.

The contract time for this project is 20 working days with an engineer's estimate of $300,000. The engineer's estimate was developed by using historical bid data from previous projects.

Bids were opened on July 11, 2022. The following three bids were received:

Company Total Bid Amount
Nu Line Technologies, LLC $82,679.00
Sancon Technologies, Inc. $329,326.00
lnsituform Technologies, Inc. $358,562.00
1 of 10
August 2, 2022, Item #6
Due
to
the
large
pricing
difference
in
the
received
bids,
staff contacted
the
lowest
bidder,
Nu
Line
Technologies
LLC,
(Nu
Line),
to
understand
the
reason
for
the
difference
in
pricing
and
to
investigate
if
there
was
any
error
in
their
bid.

Nu
Line
admitted
to
an
error
in
one
repeated
line
of
work
and
indicated
that
most
of
the
work
in
that
line
item
was
covered
in
other
items
of
work.

While
acknowledging
the
error,
Nu
Line
indicated
they
would
keep
the
bid
unit
price
as
submitted
and
they
wished
to
proceed
with
the
project.

Staff
also
compared
the
unit
prices
in
the
bid
to
a
recent
contract
Nu
Line
completed
as
a sub-contractor.

The
findings
of
that
review
are
the
unit
prices
for
similar
work
for
the
other
project,
were
in
fact
close
to
the
unit
cost
in
the
received
bid.

After
review
of
the
bidding
documents
and
discussions
with
Nu
Line,
staff
finds
the
bid
documents
to
be
responsive
and
Nu
Line
Technologies
assured
staff
the
project
could
be
completed
as
specified
in
their
bid.

Environmental
Review:

The
proposed
CMP
rehabilitation
of
existing
storm
drainage
pipes
with
the
2022-2023
CMP
Annual
Repair
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
an
existing
drainage
system
with
no
expansion
of
use.

Fiscal
Impact:

There
is
sufficient
funding
available
in
the
FY
2022-23
CMP
Annual
Repair
project
account
(DR001)
to
award
the
contract.

Public
Notification:

None. Attachments: A.

Contract
Reviewed/
Approved
By:

Wend
Y
erman
Assistant
City
Manager
2 of
10 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch
is
Ha
· e
City
Manager
August 2, 2022, Item #6
SECTION 8

CONSTRUCTION CONTRACT

CITY OF POWAY
FY 2022-23 CMP ANNUAL REPAIR
This Contract made and entered into this 3rd day of August, 2022, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Nu Line Technologies, 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

2. 3.
3 of 10
incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.

Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project includes the rehabilitation of existing corrugated metal drainage pipes (CMPs) with the cured-in-place (CIPP) trench less lining process. Lining will include approximately 940 total linear feet of existing pipe.

The work will include, but is not limited to, the following: cleaning storm drain pipes and structures, closed circuit television (CCTV) pipe inspection and video work, CIPP trench less lining, traffic control and all related and necessary work as defined in the contract documents.

ATTACHMENT A 1
August 2, 2022, Item #6

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.

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
$82,679.00
the
"Contract
Price."

6. 7. 8. 9. 10. 4
of
10 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
20 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.
2 August 2, 2022, Item #6

11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
of
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
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.
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
5 of
10 3
August 2, 2022, Item #6
6 of 10
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, volunteers, agents and independent contractors, that result from such failure by Contractor.
4 August 2, 2022, Item #6

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,

18. 7 of 10
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.

Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under 5 August 2, 2022, Item #6
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.

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.
8 of
10 6
August 2, 2022, Item #6

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.

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

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

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent
} Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
9 of
10 7
August 2, 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:

Print
Name
of
Construction
Company
By:
----------
Signature Print
Name
Contractor
information:

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

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
10 of
10 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
8 September 2, 2022, Item #7
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

August 2, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services M
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]

CITY COUNCIL
SUBJECT: Award of Contract to Eastridge Engineering and Construction for the Caustic Soda Tank Replacement Project; Bid No. 23-002
Summary:

This action will award a construction contract for the Caustic Soda Tank Replacement project. The project includes removing and replacing the existing fiberglass tank with a new fiberglass chemical tank.

Recommended Action:

It is recommended the City Council award the contract for the Caustic Soda Tank Replacement project to Eastridge Engineering and Construction, in the amount of $126,500.00 and authorize the City Manager to execute the contract (Attachment A).

Discussion:

The Caustic Soda Tank Replacement project will replace an existing chemical tank at the Lester J.

Berglund Water Treatment Plant. The existing chemical tank has outlived its useful life and was taken out of service. The water treatment plant has a second caustic soda tank that is able to keep up with the current demand, therefore, this tank was able to be taken out of service for replacement. An initial project was advertised to rehabilitate the tank. The project was redesigned to replace the tank in lieu of rehabilitation after the original advertisement received only one bid that exceeded the project budget.

The contract time for this project is 60 working days with an engineer's estimate of $130,000. Bids were opened on July 12, 2022. The following four bids were received:

Company Total Bid Amount Corrected Amount
Eastridge Engineering and Construction $126,500.00
Jennette Company, Inc. $219,500.00
Tharsos, Inc. $218,000.00 $220,000.00
Ahrens Mechanical $296,200.00
1 of 11
September 2, 2022, Item #7
Environmental
Review:

The
proposed
replacement
of
an
existing
caustic
soda
tank
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
an
existing
system
with
no
expansion
of
use.

Fiscal
Impact:

There
is
sufficient
funding
available
in
the
Caustic
Tank
Replacement
account
(WT032)
to
award
the
contract. Public
Notification:

None. Attachments: A.

Contract
Reviewed/
Approved
By:

Wendaserman Assistant
City
Manager
2 of
11 Reviewed
By:

Alan
Fenstermacher
City
Attorney
September 2, 2022, Item #7

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY

CAUSTIC
SODA
TANK

REPLACEMENT
This
Contract
made
and
entered
into
this
3rd
day
of
August,
2022,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
Eastridge
Engineering
and
Construction,
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are

2. 3. 4. 3
of
11 incorporated
herein
by
this
reference,
and
include:
a.

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition,
The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if
required
by
all.

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

The
scope
of
work
for
this
project
includes
the
removal
and
disposal
of
an
existing
10,000-gallon
fiberglass
caustic
soda
tank
and
installation
of
a
new
10,000-gallon
fiberglass
tank
complete
with
removing
and
reinstalling
existing
piping
and
appurtenances.

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

ATTACHMENT
A
1 September 2, 2022, Item #7

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
$126,500.00
the
"Contract
Price."

6. 7. 8. 9. 10. 11. 4
of
11 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
60 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed to
gain
approval
of
submittals,
purchase
materials
and
to
complete
the
scope
of
work
on
site.

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

Federal
prevailing
wage
rates
apply
for
federally
funded
projects.

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

Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
of
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
2 September 2, 2022, Item #7
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.

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
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 September 2, 2022, Item #7
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
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
5 September 2, 2022, Item #7

18. 19. 20. 21. 22. 23. 24. 25. 26. 8
of
11 determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.

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

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

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

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

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

This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

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

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

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

All
inspections
and
tests
shall
be
performed
in
such
6 September 2, 2022, Item #7
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
11 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.

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.

Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
7 September 2, 2022, Item #7

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
11 8
September 2, 2022, Item #7
IN

WITNESS

WHEREOF,
the
said
Contractor
and
the
City
Manager,
City
Clerk
and
City
Attorney
have
caused
the
names
of
said
parties
to
be
affixed
hereto,
the
day
and
year
first
above
written.

Contractor's
Name:

Print
Name
of
Construction
Company
By:
----------
Signature Print
Name
Contractor
information:

Address
for
Notices
and
Payments
Telephone
Number:

Email:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
11 of
11 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
9 August 2, 2022, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
August 2, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services (AA.

Austin Silva, Senior Planner
858-668-4658 or [email protected]

CITY COUNCIL
Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006; a request to construct a 4,791-square-foot automotive service building containing nine bays at 13747 Poway Road for the Poway Honda Dealership Poway Honda is requesting approval of a MCUP and DR to construct a 4,791-square-foot automotive service building containing nine bays at 13747 Poway Road.

Recommended Action:

It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving MCUP 19-006 and DR 19-006.

Discussion:

The applicant for the project is WD Partners and the owner is SRE California 11 PH, LLC. The project site consists of seven parcels totaling 3.72 acres and is located at 13747 Poway Road, as shown on the zoning and location map (Attachment B). It is located within the Automotive General Commercial (AGC) district of the Poway Road Specific Plan. The Poway Honda dealership currently occupies the site. The Poway Chrysler, Dodge, Jeep, Ram dealership is located to the west, and Lowes is located across Poway Road to the north. A future inventory lot for Poway Honda and single-family homes are located to the west across Gate Drive. Single-family homes are also located south of the Poway Honda Dealership.

Poway Honda is requesting approval of a MCUP and DR to construct a 4,791-square-foot automotive service building. The proposed detached service building would be located to the west of the existing service shop and would supplement the existing 19 service bays as shown in the site plan (Attachment C). The existing automotive service use is located within the main building of the dealership containing the showroom and parts department. There is a detached building with offices west of the main building.
1 of 32
August 2, 2022, Item #8
2 of 32 An
automobile
dealership
is
a permitted
use
in
the
AGC
zone,
which
by
itself
does
not
require
a MCUP.

Because
the
dealership
included
an
automotive
service
center
when
originally
developed,
a
MCUP
was
required.

Resolution
P-02-06
approving
MCUP
99-03
is
included
as
Attachment
D.

A
DR
is
required
for
the
construction
of
the
proposed
automotive
service
building
.

This
action
is
a
modification
to
the
existing
MCUP
for
the
expansion
of
the
automotive
service
use
at
the
existing
dealership. The
proposed
automotive
service
building
would
be
constructed
of
concrete
blocks
that
would
be
painted
white
to
match
the
existing
service
shop
building,
with
a
height
of
22 feet,
as
shown
on
the
building
elevations
included
as
Attachment
E.

A
landscape
planter
is
included
on
the
south
side
of
the
building.

Vehicles
would
enter
the
automotive
service
building
through
a
roll-up
door
located
on
the
east
side
of
the
building.

The
roll-up
door
and
entrance
to
the
building
is
visible
only
from
the
interior
of
the
site,
between
the
existing
automotive
service
area
and
the
proposed
automotive
service
building.

A
noise
study
was
prepared
by
Urban
Crossroads
in
January
2022.

The
study
determined
noise
levels
at
the
adjacent
residential
properties
(51
.2
dBA
Leq)
would
be
consistent
with
the
noise
level
standards
of
the
Poway
Municipal
Code
(55
dBA
Leq).

Poway
Honda
is
also
proposing
to
replace
two
chain
link
fences
and
rolling
gates
w
ith
a
six-foot-tall
CMU
block
wall
that
would
be
painted
white
to
match
the
existing
and
proposed
automotive
service
buildings.

The
new
rolling
gates
would
be
wrought
iron
with
metal
panels.

One
gate
is
located
between
the
main
dealership
building
and
the
east
property
line
wall,
and
the
other
is
located
between
the
existing
automotive
service
area
of
the
main
dealership
and
the
south
property
line.

Additional
trees
will
be
planted
in
the
existing
landscape
planter
along
the
inside
of
the
south
property
line. The
new
automotive
service
building
would
remove
38 parking
spaces.

There
are
enough
parking
spaces
located
on
the
project
site
to
satisfy
the
required
parking
for
the
dealership
with
removal
of
the
38 parking
spaces.

Table
A
below
details
the
parking
required
and
provided
for
the
Poway
Honda
dealership.

Other
than
the
addition
of
more
service
bays,
business
operations
for
the
dealership
would
remain
the
same.

The
dealership
has
submitted
in
writing
(Attachment
F)
that
vehicles
will
not
be
delivered
or
picked
up
on
site
or
on
Gate
Drive.

Table
A -
Parking
Use
Parking
Ratio
Parking
Required
Parking
Provided
Automotive
Service
(28
2 spaces/service
bay
+
28 x
2=56
+
4 spaces
=
60 service
bays)
4 spaces
spaces
Auto
Sales
(15,077
sq.
1 space/400
sq.
ft.
of
15,077/400
=

37.69 or
38 ft.)
gross
floor
area
spaces
(rounded
up)
Employees
(65)
1 per
employee
(Per
65 spaces
MCUP)
303
spaces
(including
Total
163
spaces
inventory
lot)
Neighborhood
Meeting
A
neighborhood
meeting
was
held
on
July
18,
2022,
to
discuss
the
proposed
project.

Neighborhood
meeting
notices
were
mailed
to
98 property
owners
and
tenants
within
500
feet
of
the
auto
dealership.

There
was
one
resident
that
attended
the
neighborhood
meeting
who
wanted
more
detailed
information
about
the
project.

She
also
was
concerned
about
construction
of
the
inventory
lot
and
the
automotive
service
shop
occurring
at
the
same
time.

The
applicant
explained
to
her
construction
would
occur
at
different
times.

August 2, 2022, Item #8
Environmental
Review:

The
proposed
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a Class
32 Categorical
Exemption,
pursuant
to
Section
15332
(In-fill
development
projects)
of
the
CEQA
Guidelines,
in
that
the
project
is
consistent
with
the
General
Plan
and
zoning
designation
and
occurs
on
a
developed
property
that
is
less
than
five
acres
and
is
substantially
surrounded
by
urban
uses.

Fiscal
Impact:

While
there
are
too
many
factors
to
estimate
the
financial
benefits
to
the
City,
expansion
of
the
service
shop
is
anticipated
to
increase
the
City's
property
tax
and
sales
tax
revenues.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
July
21,
2022.

A
public
notice
was
mailed
to
property
owners
and
occupants
located
within
500
feet
of
the
project
site.

Attachments: A.

Resolution
B.

Zoning
and
Location
Map
C.

Site
Plan
D.

Resolution
P-02-26
approving
MCUP
99-03
E.

Automotive
service
building elevations
F.

Pickup
and
Delivery
Statement
Reviewed/
Approved
By:
{I
~
Wend
e
aserman
Assistant
City
Manager
3 of32
Reviewed
By:

Alan
Fenstermacher
City
Attorney
August 2, 2022, Item #8
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 19-006 AND DEVELOPMENT REVIEW 19-006 TO
ALLOW FOR THE CONSTRUCTION OF A 4,791-SQUARE-FOOT

AUTOMOTIVE SERVICE BUILDING, CONTAINING NINE
SERVICE BAYS, AT 13747 POWAY ROAD.

ASSESSOR PARCEL NUMBERS: 317-190-15, 317-190-16, 317-
190-17, 317-190-18, 317-190-20, 317-190-28, and 317-190-39 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-006 and Development Review (DR) 19-006 for the construction of a 4, 791-square-foot automotive service building, containing nine service bays for the Poway Honda dealership located at 13747 Poway Road within the Automotive General Commercial (AGC) land use district of the Poway Road Specific Plan (PRSP);
WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR 99-06 to construct a 22,550-square-foot automobile dealership and service center on a 3.63-acre property located at 13747 Poway Road;
WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99- 03 due to Poway Honda's failure to comply with the project Conditions of Approval and the requirements of the PMC;
WHEREAS, on December 11, 2001, the City Council determined additional project conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity of the adjacent residential neighborhood and requested the applicant to submit a request for a rehearing of MCUP 99-03 and DR 99-06;
WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the PMC, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for rehearing; WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and DR 99-06 and determined that additional project Conditions of Approval were necessary to protect the integrity of the adjacent residential neighborhood; WHEREAS, on January 21, 2020, the City Council approved MCUP 19-003 to allow for a

0. 79-acre automotive inventory storage lot for the Poway Honda dealership located at 13715 Poway Road;
WHEREAS, on August 2, 2022, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-006 and DR 19-006; and
WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. 4of32 ATTACHMENT A
August 2, 2022, Item #8
Resolution
No.
22-
Page
2 NOW,

THEREFORE,
BE
IT

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

SECTION
1:

The
above
recitals
are
true
and
correct.

SECTION
2:

The
project
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
32 Categorical
Exemption,
pursuant
to
Section
15332
(Accessory
Structures)
of
the
CEQA
Gu
idelines,
in
that
the
project
is
consistent
with
the
General
Plan
and
zoning
designation
and
occurs
on
a
developed
property
that
is
less
than
five
acres
and
is
substantially
surrounded
by
urban
uses.

SECTION
3:

The
findings,
pursuant
to
Section

17.48.070
of
the
PMC,
to
approve
MCUP
19-006
to
allow
the
expansion
of
an
automotive
service
use,
are
made
as
follows
:
5 of
32 A.

The
location,
size,
design
and
operating
characteristics
of
the
proposed
use
are
in
accord
with
the
title
and
purpose
of
Chapter

17.48 PMC
(Conditional
Use
Permits
Regulations),
the
General
Plan,
and
the
development
policies
and
standards
of the
City
in
that
the
expansion
of
the
automotive
service
building
is
permitted
with
the
approval
of
a
MCUP
modification
and
will
otherwise
comply
with
all
of
the
relevant
codes
and
standards
of
the
City
of
Poway.

The
location,
size,
design,
and
operating
characteristics
of
the
proposed
use
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses,
people,
buildings
, structures,
or
natural
resources
in
that
the
automotive
service
building
has
been
designed
so
that
the
door
and
only
opening
to
the
building
faces
east.

Additionally,
a
noise
impact
analysis
was
prepared
by
Urban
Crossroads
in
January
2022.

The
noise
impact
analysis
determined
that
the
operational
noise
impacts
for
the
proposed
automotive
service
building
are
considered
less
than
significant.

Exterior
lighting
will
be
required
to
comply
with
the
PMC
to
avoid
impacts
to
surrounding
residential
uses.

The
harmony
in
scale,
bulk,
coverage
, and
density
of
the project
is
consistent
with
adjacent
uses
in
that
the
proposed
automotive
service
building
adheres
to
the
development
standards
for
the
AGC
district.

Further,
15-gallon
trees
planted
at
20 feet
on
center
are
required
to
be
planted
and
maintained
along
the
rear
property
line.

There
are
adequate
public
facilities,
services,
and
utilities
available
at
the
subject
site
to
serve
the
proposed
use.

The
automotive
service
building
has
been
sited
to
comply
with
the
General
Plan
and
PMC
standards.

Conditions
of
approval
are
required
of
the
automotive
service
use
which
are
intended
to
minimize
the
potential
for
negative
impacts
to
the
surrounding
residential
uses.

Therefore,
there
will
not
be
a
harmful
effect
upon
desirable
neighborhood
characteristics
.

The
construction
of
the
automotive
service
building
will
not
adversely
impact
the
capacity
and
physical
character
of
the
surrounding
streets
and/or
the
Circulation
Element
of
the
General
Plan.

The
site
is
suitable
for the
type
and
intensity
of
use
or development
that
is
proposed
in
that
the
automotive
service
building
meets
the
development
standards
for
the
AGC
August 2, 2022, Item #8
district and there is sufficient parking available onsite.

Resolution No. 22-

Page 3 ends

H. There will not be significant harmful effects upon environmental quality and natural resources in that the automotive service building is an expansion of an existing automotive service use on a developed property.

I. There are no relevant negative impacts of the proposed use that cannot be mitigated.

J. An automotive service use is a permitted use with the approval of a MCUP. The impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to _the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan.

K. The proposed use will comply with each of the applicable provisions of PMC Title 17 (Zoning Ordinance).

SECTION 4: The findings for DR 19-006, in accordance with the PMC 17.52.010 Purpose of Development Review, are made as follows:

A. The project has been designed to be architecturally compatible with surrounding development and conforms to the Poway Road Specific Plan development standards and design guidelines. 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 by utilizing a compatible architectural design consistent with the existing automotive service building and the Poway Road Specific Plan. Therefore, the proposed development respects the 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 DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed automotive service building will comply with the development standards for the AGC district. Additionally, a noise impact analysis was prepared by Urban Crossroads in January 2022. The noise impact analysis determined that the operational noise impacts for the proposed automotive service building are considered less than significant. Exterior lighting will be required to comply with the PMC to avoid impacts to surrounding residential uses.

D. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan and the Poway Road Specific Plan.

SECTION 5: The City Council hereby approves MCUP 19-006 and DR 19-006 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated August 2, 2022 on file in the Development Services Department, except as noted herein and subject to the following conditions:
6 of 32
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, August 2, 2022, Item #8
7 of 32
Resolution No. 22-

Page 4 ends

or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to MCUP 19-006 and DR 19-006) and any environmental document or decision made pursuant to CEQA. 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 applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.

B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A," dated August 2, 2022 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03, DR 99- 06, are fully incorporated herein by this reference except as modified in this Resolution for MCUP 19-006 and DR 19-006. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services.

D. Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site.

E. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses.

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

G. The Minor Conditional Use Permit may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.

H. Prior to issuance of the Building Permit, unless other timing is indicated, the following August 2, 2022, Item #8
8 of
32 conditions
shall
be
complied
with:

Resolution
No.
22-
Page
5 1.

Please
note
a
Floodplain
Development
Permit
will
be
required
for
any
work
within
the
limits
of
the
floodplain.

2. 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.

3. The
applicant
shall
incorporate
Low
Impact
Development
(LID)
design
features
into
the
site
development.

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

4. The
applicant
shall
pay
all
applicable
development
impact
fees
according
to
the
latest
adopted
master
fee
schedule
at
time
of
permit
issuance.

5. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
and
minimum
erosion
control
deposit
according
to
the
latest
adopted
master
fee
schedule.

6. The
property
owner
shall
execute
an
approved
Storm
Water
Trash
Facilities
Maintenance
Agreement
(SWTFMA)
accepting
responsibility
for
all
structural
Best
Management
Practices
(BMPs),
perpetual
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
Plan.

The
SWTFMA
requires
an
easement
granted
to
the
City
of
Poway.

The
applicant
shall
submit

8.5 by
11-inch
exhibits
of
the
legal
description,
site
plan,
operations
and
maintenance
plan,
and
easement
plat
and legal
(if
applicable)
to
the
project
engineer
for
approval.

7. Improvement
plans
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer,
in
accordance
with
the
submittal
and
content
requirements
listed
in
the
PMC
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
percent
complete
at
the
time
of
submittal
and
ready
for
approval.

The
applicant
shall
pay
the
improvement
plan
check
fees
according
to
the
latest
adopted
master
fee
schedule.

The
plan
shall
include,
at
a
minimum,
the
following
features:
a.

A
fire
hydrant
to
service
the
project.
b.

A
plat
and legal
description
for
a
minimum
20'
wide
water
easement
shall
be
submitted
to
accommodate
the
public
water
main
on
the
project
site.

Note:

The
proposed
public
water
easement
is
labeled
as
10 ft
wide
on
sheet
3 of
the
current
Engineering
plans.

8. The
applicant
shall
enter
into
a
Standard
Agreement
for
the
work
to
be
done
as
part
of
the
Public
Improvement
plan.

The
applicant
will
be
responsible
for
posting
securities
for
public
improvements
in
accordance
with
the
PMC
Section

16.20. 9.

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
August 2, 2022, Item #8
9 of32
Resolution
No
. 22-
Page
6 erosion,
sediment
and
pollution
control
will
be
discussed.

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
10 . Erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April

30. The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life.
11 . Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of
Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
(Planning)
12 . The
developer
is
required
to
comply
with
the
Poway
Noise Ordinance
(PMC
Chapter

8.08)
requirements
that
govern
construction
activity
and
noise
levels
.

13. Landscape
and
irrigation
plans
shall
be
submitted
and
approved.

Landscape
and
irrigation
plans
shall
demonstrate
compliance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual,
Chapter

17.41 of
the
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.

The
landscape
and
irrigation
plan
submittal
is
separate
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
worksheet.

Landscape
and
irrigation
plan
review
fees
are
required
and
are
the responsibility
of
the
applicant. The
plans
shall
incorporate
the
following
requirements:
a.

Installation
of
15-gallon
trees,
placed
20 feet
on-center
along
the
south
property
line.
b.

Installation
of
shrubs
in
the
landscape
planter
located
on
the
south
side
of
the
proposed
automotive
service
building.

Prior
to
occupancy,
the
following
conditions
shall
be
complied
with:

1. All
existing
and
proposed
utilities
or
extension
of
utilities
required
to
serve
the
project
shall
be
installed
underground.

No
extension
of
overhead
utilities
shall
be
permitted.

2. All
applicable
easement
dedications
and
maintenance
agreements
are
to
be
recorded
prior
to
occupancy.

3. All
utility
services
shall
be
installed
and
completed
by
the
property
owner
, and
inspected
and
approved
by
the
Engineering
Inspector.

4. The
applicant
shall
install
approved
trash
treatment
devices
per
the
Storm
Water
Trash
Facilities
Maintenance
Agreement
to
the
satisfaction
of
the
Engineering
August 2, 2022, Item #8
Inspector.

Resolution No. 22-

Page 7 ends

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

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

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

8. After completion of all work, record drawings of the improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance.

Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended.
(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.

J. Upon occupancy the following conditions shall apply:
10 of 32

1. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services.

2. All landscaped areas on-site shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted.

3. Immediate removal of graffiti and any other type of offensive debris is required.

4. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be designated a no loading or unloading zone to facilitate the movement of vehicles within Gate Drive that is frequently restricted by automobile delivery vehicles. The applicant will be responsible for the costs associated with the fabrication and installation of the warning signs in the public right-of-way by the Public Works Department. The sign content, locations and number of signs will be determined by the Director of Development Services.

5. All loading and unloading of vehicles onto vehicle carriers must take place at the City's dealership inventory lot on Kirkham Way.

August 2, 2022, Item #8
11 of 32
Resolution No. 22-

Page 8 ends

6. Test driving of vehicles is prohibited in the adjacent residential neighborhood.

7. The delivery of new or used vehicles to the site by trucks is prohibited. The loading or unloading of vehicles on automobile carriers is prohibited. Other deliveries and pickups, involving vehicle movements, are restricted to between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday.

8. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP to the satisfaction of the Director of Development Services.

K. The applicant shall comply with the following requirements to the satisfaction of the Director of the Safety Services (Fire Department):

1. Approved fire hydrants shall be located within 400 feet of all exterior walls as measured by an approved route. A new water main and fire hydrant shall be located on the east side of the proposed project. The location shall be approved by the Fire Department.

2. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and meet the City of Poway standards. The building address shall also be displayed on the roof in a manner satisfactory to the fire code official, and meeting Sheriff Department-ASTREA criteria.

3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather paved driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type.

4. The building shall be equipped with an approved fire sprinkler system meeting PMC requirements. The entire system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored.

The City Fire Marshal shall locate these fire protection devices prior to installation.

Two separate plan submittals to the fire department will be required, one for the fire sprinkler design and the second for the fire service underground. A water analysis will be required.

5. Installing Fire Sprinkler AND Underground Fire Service Contractor(s) shall obtain a copy of the fire department's "Policies for Automatic Fire Sprinkler Systems".

6. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36 inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" man door.

August 2, 2022, Item #8
Resolution
No.
22-
Page
9 7.

A
properly
licensed
contractor
shall
install
an
automatic
fire
alarm
system
to
approved
standards.

System
shall
be
completely
monitored
by
a
UL
listed
central
station
alarm
company
or
proprietary
remote
station.

8. A
metal
sign
with
raised
letters
at
least
1 inch
(25mm)
in
size
shall
be
mounted
on
all
fire
department
connections
serving
automatic
sprinklers,
standpipes
or
fire
pump
connections.

Such
signs
shall
read:

AUTOMATIC

SPRINKLERS
or

STANDPIPES
or
TEST

CONNECTION
or
a
combination
thereof
as
applicable.

Where
the
fire
department
connection
does
not
serve
the
entire
building,
a
sign
shall
be
provided
indicating
the
portions
of
the
building
served.

9. A
'Knox'
Security
Key
Box
shall
be
required
for
the
building
at
a
location
determined
by
the
City
Fire
Marshal.

10. Fire
Department
access
for
use
of
fire
fighting
equipment
shall
be
provided
to
the
immediate
job
construction
site
at
the
start
of
construction
and
maintained
at
all
times
until
construction
is
completed.

11. Permanent
access
roadways
for
fire
apparatus
shall
be
designated
as
"Fire
Lanes"
with
appropriate
signs
and
curb
markings.

12. A2A
1 0BC
fire
extinguisher(s)
are
required
for
office
areas
every
3,000
square
feet
and
75 feet
of
travel
distance.

SECTION
6:

The
approval
of
MCUP
19-006
shall
expire
on
August
2,
2024,
at
5:00
p.m.
unless
the
use
of
the
inventory
lot
has
been
commenced
in
reliance
on
the
MCUP
approval
or
unless
prior
to
the
expiration
a
request
for
a
time
extension
is
submitted
to
the
Development
Services
Department
and
a
time
extension
is
subsequently
granted
by
the
City
Council.

SECTION
7:

The
parties
are
hereby
informed
that
the
time
within
which
judicial
review
of
this
decision
must
be
sought
is
governed
by
Section
1094.6
of
the
California
Code
of
Civil
Procedure. II II II II II II II 12
of
32 August 2, 2022, Item #8
Resolution No. 22-

Page 10 ends

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of August, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
13 of 32
August 2, 2022, Item #8
Subject
Location:
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3171902800,
3171901600, 3171902000,
~
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3171901700,
3171901500, 3171901800,
I
3171903900
~
0 NORTH
14 of
32 City
of
Poway
Zoning/
Location
Map
Item:

MCUP19-006/DR19-006
125
250

ATTACHMENT
B
500
Feet
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August 2, 2022, Item #8
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\ S.IHSTAll..lNGARESPRtNKLERN«:JUNOERGROUNDFIRESERVtcE l / ~p~~~~~~~U~~:~=~~~~:R~~~~i~PARTMENrS \
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/ ';.. 7. APROPERlYUCENSEDCONTRACTORSHAU.INSTALLANMJTOMATICFIRE l. \ ~~o~1o1~!~f[.:~~~:~. ANO~;~~~cit~~~~ELY -<}
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~ 9. A 'KNOX' SECURrTY BOX stW..L BE REQUIRED FOR THE BU LOI NG AT A \ ~ !O~:T::;~::IHA:C:::::::::EMO::::~HTNGEQUAENT \
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7 EXISTINGPARKINGSPACES
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9. EXISTING SDEWALI<.

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11.EXISTlNGLIGHTPOLE

12. EXISTINGTRASHENCLOSURE

13. EXISTINGVEHICLEDISPLAY

14. EXISTINGSTRIPING

15.NEWPARKINGSPACES

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architect + en ineer
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19100\IONKARMANAVE.

SUITESOO
IRVINE. CA.92612
protect no. I SAHCD0075
~
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= ~

SONIC DEVELOPMENT , LLC
4401 COLWICK ROAD
CHARLOTTE, NC 28211

POWAY HONDA
13747 P(Ni[AY ROAD,
POWAY . CA 92064
submission:

P\.AN~ENTTTlEMENTS
revisions:
ffi0osa1x1on
PL..-\NNNGENTITLEMENTS 04121122
PL~NGENTITLEMENTS 06109/22

NOT FOR

CONSTRUCTION

PROPOSED SITE
PLAN
A-6
August 2, 2022, Item #8

RESOLUTION
NO.

P-02-06
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA

RESCINDING
CITY

COUNCIL

RESOLUTION
NO.

P-01-64
AND

APPROVING

MODIFICATIONS
TO
MINOR

CONDITIONAL
USE
PERMIT
99-03
AND

DEVELOPMENT
REVIEW
99-06

ASSESSOR'S
PARCEL
NUMBER
317-190-15,
16, 17, 18,
20,
28 and
39 WHEREAS,
on
May
18,
1999,
the
City
Council
held
a duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
pro
and
con,
relative
to
Minor
Conditional
Use
.

Permit
99-03
and
Development
Review
99-06,
submitted
by
First
America
Automotive,
applicant;
and
approved
the
request
to
construct
an
auto
dealership
on
a

3.63-acre
property
located
at
137
41-13761
Poway
Road
within
the
Automotive
General
Commercial
zone.

The
project
consists
of
a 22,550-square-foot
new
car
showroom/service
building, a
1,572-square-foot
detached
used
car
showroom
building,
and
a
combined
total
of
75 employee/customer
parking
stalls;
and

WHEREAS,
pursuant
to
Section

17.48.150
of
the
Poway
Municipal
Code,
the
City
Council
determined,
on
October
2,
2001,
to
set
a
public
hearing
to
modify
or
revoke
MCUP
99-03
due
to
Poway
Honda's
failure
to
fully
comply
with
the
project
Conditions
of
Approval
and
all
the
requirements
of
the
Poway
Municipal
Code;
and,

WHEREAS,
on
December
11,
2001,
the
City Council
held
a duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
pro
and
con,
relative
to
Minor
Conditional
Use
Permit
99-03
and
Development
Review
99-06
and
determined
that
additional
project
Conditions
of
Approval
are
necessary
to
protect
the
integrity
of
the
adjacent
residential
neighborhood.

WHEREAS, on
December
21,
2001,
the
applicant
submitted,
pursuant
to
Chapter

2.21 of
the
Poway
Municipal
Code,
a
request
for
rehearing
of
the
December
11,
2001
City
Council
action
and
on
January
8,
2002,
the
City
Council
accepted
the
request
and
scheduled
the
item
for
re-hearing.

WHEREAS,
on
February
5,
2002,
the
City
Council
held
a
duly
advertised
public
hearing
for
a
rehearing
of
the
applications
and
to
solicit
comments
from
the
public,
both
pro
and
con,
relative
to
Minor
Conditional
Use
Permit
99-03
and
Development
Review
99-06
and
determined
that
additional
project Conditions
of
Approval
are
necessary
to
protect
the
integrity
of
the
adjacent
residential
neighborhood.

NOW,

THEREFORE,
the
City
Council
does
hereby
resolve
as
follows:

Section
1:

The
City
Council
finds
that
the
project
has
been
adequately
addressed
in,
and
is
within
the
scope
of,
the
Mitigated
Negative
Declaration
(MND)
approved
in
conjunction
with
MCUP
99-03/DR
99-06
dated
May
18,
1999.
16 of
32 ATTACHMENT
D
August 2, 2022, Item #8
Resolution
No.

P-02-06
Page2
The
subject
Environmental
Initial
Study
and
MND
documentations
are
fully
incorporated
herein
by
this
reference.

The
City
Council
further
finds
on
the
basis
of
the
whole
record
before
it that
there
is
no
substantial
evidence
the
project
will
have
a
significant
impact
on
the
environment.

Section
2:

The
findings
for
Minor
Conditional
Use
Permit
99-03,
pursuant
to
Section

17.48.070
of
the
Poway
Municipal
Code,
are
made
as
follows:

The
project
is
consistent
with
the
Poway
Road
Specific
Plan
and
the
Poway
General
Plan
in
that
auto
repair
and
service
uses
are
allowed
within
the
Automotive
General
Commercial
zone
with
the
approval
of
a
Minor
Conditional
Use
Permit.

That
the
location,
size,
design,
and
operating
characteristics
of
the
use,
as
conditioned,
will
be
compatible
with
and
will
not
adversely
affect
or
be
materially
detrimental
to
adjacent
uses,
buildings,
structures,
or
natural
resources,
in
that:

1. The
auto
service
operation
will
be
conducted
within
a
building
designed
to
buffer
noise
from the
residential
neighborhood
to
the
south.

2. An
8-foot-high
masonry
wall
is
required
along
the
southerly
property
line
to
buffer
the
use
from
the
residential
neighborhood
to
the
south.

3. Lighting
has
been
designed
to
not
spill
over
on
to
adjacent
residential
properties
and
is
required
to
be
dimmed
after
11 :00
p.m.

4. Amplified
sound
generated
by
the
business
will
be
restricted.

5. The
hours
of
operation
for
automobile
service
activities
(including
the
car
wash)
are
restricted
to
between
the
hours
of
8:00
a.m.
to
5:00
p.m.

Monday
through
Friday,
8:00
a.m.
to
1 :00
p.m.

Saturday,
with
no
service
work
(including
the
car
wash)
on
Sundays.

6. Test
driving
of
vehicles
is
prohibited
in
the
adjacent
residential
neighborhood.

7. The
delivery
of
for-sale
new
or
used
vehicles
to
the
site
by
truck
is
prohibited.
17 of
32 Other
deliveries
are
restricted
to
between
daytime
business
hours
of
8:00
a.m.
and
5:00
p.m.

Monday
through
Saturday.

8. Employee
parking
is
prohibited
from
occurring
in
the
adjacent
residential
neighborhood
and,
to
ensure
compliance,
the
applicant
is
required
to
be
proactive
in
advising
their
employees
of
this
requirement;
maintaining
a
minimum
of
75 on-site
parking
spaces
for
employees
and
customers.

August 2, 2022, Item #8
Resolution No. P-02-06
Page3
C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and development guidelines for commercial projects.

D. That there are available public facilities, services, and utilities to serve the use.

E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that a number of Conditions of Approval are required of the project to minimize the potential for negative impacts on the adjacent residential neighborhood.

F. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the traffic volumes generated by the use can be readily handled by Poway Road.

G. That the site is suitable for the type and intensity of use and development proposed in a designated commercial site designed to comply with all City development standards.

H. That there will not be significant harmful effects upon the environmental quality and natural resources in that the partially developed subject property will be completely redeveloped and the use will operate within a building designed to accommodate auto service and repair use.

I. That there are no other relevant impacts of the proposed use that cannot be mitigated.

Section 3: The City Council finds that, based on ongoing documented complaints from citizens, the additional Conditions of Approval applied to the project as part of the Modification of MCUP 99-03/DR 99-06 are necessary to ensure compliance with the project's original Conditions of Approval and the requirements of the Poway Municipal Code, and to protect the integrity of the adjacent residential neighborhood.

Section 4: The City Council finds that the restrictions of vehicular access to/from the site, and the accompanying physical improvements, and the restrictions regarding the delivery of for-sale new or used vehicles to the site, are necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards businesses as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses
Section 5: The City Council finds that the restriction of the car wash hours of operation is necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards for noise as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses.
18 of 32
August 2, 2022, Item #8
Resolution
No.

P-02-06
Page4
Section
6:

The
findings
for
Development
Review
99-06,
pursuant
to
Section

17.52.01 O
of
the
Poway
Municipal
Code,
are
made
as
follows:

The
approved
project
will
not
have
an
adverse
aesthetic,
health,
safety,
or
architecturally
related
impact
upon
adjoining
properties,
because
the
site
and
the
buildings
have
been
designed
in
accordance
with
the
Zoning
Ordinance
with
consideration
for
scale,
size,
orientation
and
architectural
style,
to
provide
a
well
balanced
project.

The
development
is
in
compliance
with
the
City
of
Poway
development
standards.

The
development
encourages
the
orderly and
harmonious
appearance
of
structure
and
property
within
the
City
through
its
consistency
with
the
Zoning
Ordinance,
the
Poway
Road
Specific
Plan
and
the
Poway
General
Plan,
which
provides
high
standards
for
development.

Section
7:

The
City
Council
hereby
approves
a
modification
to
Minor
Conditional
Use
Permit
99-03
and
Development
Review
99-06
for
an
auto
dealership
on
a

3.63-acre
property
located
at
137
41-13761
Poway
Road
within
the
Automotive
General
Commercial
zone
subject
to
the
conditions
below.

The
project
consists
of
approximately
22 ,550-square
feet
of
a
new
car
showroom/service
building,
a
1,572-square-foot
detached
used
car
showroom
building,
and
a-: combined
total
of
75 employee/customer
parking
spaces.

Conditions,
which
constitute
mitigation
requirements,
are
designated
by
the
use
of
an
asterisk
(*).

Within
30 days
of
approvalt
(a)
the
applicant
shall
submit
in
writing
that
all
Conditions
of
Approval
have
been
read
and
understood,
and
(b)the
property
owner
shall
execute
a
Covenant
Regarding
Real
Property.

The
use
conditionally
granted
by
this
permit
shall
not
be
conducted
in
such
a
manner
as
to
interfere
with
the
reasonable
use
and
enjoyment
of
surrounding
residential
and
commercial
uses.

This
Minor
Conditional
Use
Permit
shall
be
subject
to
annual
review
bythe
Director
of
Development
Services
for
compliance
with
the
Conditions
of
Approval
and
to
address
concerns
that
may
have
occurred
during
the
past
year.

If
the
permit
is
not
in
compliance
with
the
Conditions
of
Approval,
or
the
Development
Services
Department
has
received
complaints,
the
required
annual
review
shall
be
set
for
a
public
hearing
before
the
City
Council,
to
consider
modification
of
the
use
permit.

The
applicant
shall
submit
and
maintain
a $1,000
deposit
with
the
Planning
Division
to
cover
the
cost
of
staff
time
associated
with
monitoring
and
enforcement
activities
for
the
project.
19 of
32 August 2, 2022, Item #8
Resolution No. P-02-06

Page 5 ends

E. No for-sale vehicles, new or used, shall be delivered by truck to the site or from streets adjacent to the site. Vehicles shall either be delivered to 13742 Poway Road, or to the off-site vehicle delivery/storage site (which is planned for location on Kirkham Road) and then individually driven to the site. The applicant shall actively participate with other auto dealers in the establishment of an offsite vehicle delivery/storage facility. The applicant shall not be financially obligated for the use of the facility until it commences its use of the facility. The cost to the applicant shall not exceed the fair rental value of the property or portion thereof. The applicant shall be responsible for advising all vehicle transporters of the applicable delivery location.

F. The applicant shall submit a $2,500 deposit with the Planning Division to cover the cost of a noise study to be prepared by an independent. qualified acoustical professional. The study shall identify existing noise levels created by the car wash facility, potential mitigation measures, and projected noise levels created by the car wash facility with mitigation measures. Should the study conclude that noise could be mitigated to levels lower than that which currently exists, the applicant shall implement the recommended mitigation of the noise study to the satisfaction of the Director of Development Services.

After installation of the mitigation identified in the noise study, the applicant may submit a formal request to amend CUP 99-03/DR 99-06, with the applicable review fees, to allow extended hours of operation for the car wash facility. An additional noise study, which documents the noise levels created by the car wash facility with mitigation in place, shall accompany the application. Demonstration that noise levels can be mitigated to a level lower than existing does not automatically entitle the applicant to extend the hours of operation for the car wash facility. The request will be considered by the City Council at a public hearing.

G. Ingress and egress to the site from the two drive ways along Gate Drive shall be restricted and improved as follows: The northerly drive way shall be restricted to right turn out only (with no restricted ingress turns). Redesign and physical modification of the northerly drive way is required, and shall involve construction of an angled exit lane and raised divider to guide right only turns, or other equally effective design. The southerly drive aisle shall be restricted to ingress only. A spike strip, and appropriate warning signage, shall be installed along the driveway, outside of the public right of way. Prior to the installation/construction of improvements the applicant shall submit plans for the review and approval of the City Traffic Engineer and the Director of Development Services.

H. Upon occupancy, the applicant shall comply with the following conditions, unless other timing is indicated:
20 of 32

1. *Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11 :00 p.m., all August 2, 2022, Item #8
21 of
32 Resolution
No.

P-02-06
Page6
lighting
shall
be
low-pressure
sodium
with
overall
wattage
keptto
a minimum
in
areas
closest
to
the
residential
neighbors.

Automatic
timers
shall
be
installed
to
insure
compliance
with
the
dark
sky/low
pressure
sodium
light
requirement.

The
maximum
height
of
freestanding
light
posts
shall
not
exceed
18 feet.

2. *No
amplified
sound
shall
be
generated
by
the
business;
this
includes
but
is
not
limited
to
paging,
public
address
systems,
music
systems,
security
systems,
or
any
other
such
device,
which
may
generate
noise
audible
to
the
surrounding
residents.

3. * All
repair
and
maintenance
work
shall
be
conducted
within
work
bays.

Mechanical
equipment
shall
be
sound
buffered
so
as to
produce
the
least
audible
noise
possible
to
surrounding
residents.

The
use
of
equipment,
such
as
air
tools
and
compressors,
and
the
car
wash
shall
be
limited
to
between
the
hours
of
8:00
a.m.
and
5:00
p.m.,
Monday
to
Friday,
and
8:00
a.m.
and
1 :00
p.m.
on
Saturday.

The
service
area
shall
not
be
opened
for
business
on
Sundays.

4. *No
vehicles
are
permitted
to
be
road
tested
within
the
residential
neighborhood
to
the
south.

5. *Deliveries
(excepting
the
delivery
of
for-sale
new
or
used
vehicles
which
is
subject
to
the
standards
specified
in
Condition
of
Approval
E)
shall
be
restricted
to
the
daytime
business
hours
of
8:00
a.m.
to
5:00
p.m.

Monday
through
Saturday.

6. Employee
parking
shall
be
prohibited
within
the
residential
neighborhood.

The
applicant
shall
provide
all
of
its
employees
with
a written
parking
policy
that
states
the
employees
shall
not
park
in
the
adjacent
residential
neighborhood.

The
applicant
shall
ensure
that
adequate
parking
for
customers
and
employees
is
provided
onsite
at
all
times.

7. A
minimum
of
75 employee
and
customer
parking
spaces
designated
on
the
approved
site
plan
on
file
with
the
City
shall
be
designated
as
such
with
signage
painted
on
the
asphalt
and
shall
at
all
times
be
kept
free
of
vehicle
for
sale
product.

8. To
insure
compliance
with
the
traffic,
parking
and
noise
mitigation
conditions,
the
business
owner
shall
provide
a
summary
of
the
performance
standards
noted
in
this
application
permit
to
all
managers,
employees,
new
employees,
and
business
representatives
that
have
the
potential
to
violate
the
noted
conditions.

August 2, 2022, Item #8
22 of
32 Resolution
No.

P-02-06
Page
7 9.

If
the
City
determines
to
establish
a
residential
parking
program
for
the
adjacent
residential
neighborhood
to
minimize
the
potential
for
Poway
Honda
overflow
parking
impacts
to
the
neighborhood,
the
applicant
shall
be
financially
responsible
to
cover
all
the
costs
associated
with
the
implementation
of
the
program.

10. The
applicant
shall
provide
all
employees
with
a
map
of
the
route
to
be
used
to
test
drive
vehicles.

The
route
shall
not
include
Gate
Drive
or
Fairgate
Drive.

11. The
right
turn
only
sign
shall
be
maintained
at
the
driveways
onto
Gate
Drive.

12. The
service
bays
shall
not
be
used
by
employees
or
any
other
person
after
normal
business
hours
to
repair,
wash,
paint
or
otherwise
work
on
any
vehicle,
truck,
or
motorcycle.

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

14. The
Poway
Road
elevation
of
the
new
car
showroom
building
plans
are
approved
as
follows:
(a)
The
exterior
finish
of
the
entry
rotunda
and
the
12-
inch
x
12-inch
accent
wave
band
may
be
metal,
and
(b)
the
color
of
the
rotunda
and
accent
band
may
be
11 Honda
blue.

15. The
appropriate
Building
Division
approvals
and
fees
shall
be
received
prior
to
Building
Permit
issuance.

16. All
new
utilities
shall
be
installed
underground.

Completion
of
undergrounding
shall
be
prior
to
issuance
of
a
Certificate
of
Occupancy.

17. School
impact
fees,
which
are
presently
$0.33
per
square
foot
of
assessable
area,
shall
be
paid
prior
to
issuance
of
building
permits.

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

19. The
applicant
shall
comply
with
the
latest
adopted
Uniform
Building
Code,
Uniform
Mechanical
Code,
Uniform
Plumbing
Code,
National
Electric
Code,
Uniform Fire
Code,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
bui:ding
permit
issuance.
-
---
--
----------
-------------------
August 2, 2022, Item #8
23 of
32 Resolution
No.

P-02-06
Page8

20. *A
slump
block
wall,
a
minimum
of
8 feet
in
finished
height
when
measured
from
the
interior
of
the
dealership
property,
shall
be
constructed
along
the
southerly
property
line
prior
to
certificate
of
occupancy.

21. Trash
receptacles
shall be
enclosed
by
6-foot-high
masonry
walls
with
view
obstructing
gates
pursuant
to
City standards.

Locations
shall
be
subject
to
approval
by
the
Development
Services
Department
prior
to
building
permit
issuance.

22. All
roof
appurtenances,
including
air
conditioners,
shall
be
architecturally
integrated,
screened
from
view
and
sound
buffered
from
adjacent
properties
and
streets
as
required
by
the
Development
Services
Department.

23. *Wash
bays
and
all
areas
involved
with
car
maintenance
shall
be
designed
to
drain
to
sumps
containing
clarifier
and
separator
systems
which
will
adequately
remove
waste
byproducts.

The
remaining
water
will
be
plumbed
to
the
public
sewer
system.

Design
details
shall
be
required
upon
building
plan
check
submittal.

24. Complete
landscape
construction
documents
shall
be
submitted
to
and
approved
by
the
Development
Services
Department
prior
to
the
issuance
of
building
permits.

Plans
shall
be
prepared
in
accordance
with
City
of
Poway
Guide
to
Landscape
Requirements
(latest
edition).

This
is
a separate
permit
submittal
to
the
Poway
Development
Services
Department
and
a
separate
plan
check
from
the
building
department.

25. A
concrete
curb
shall
be
constructed
along
the
inside
and
outside
of
the
landscape
planter
proposed
along
the
easterly
property
line
to
define
and
contain
the
landscaping
soil.

26. Landscaped
areas
within
the
adjacent
public
right-of-way
shall
be
permanently
and
fully
maintained
by
the
property
owner.

27. *Prior
to
grading
permit
issuance,
the
hazardous
materials
clean-up
shall
be
completed
in
accordance
with
the
Woodward-Clyde
report
on
file
in
the
Development
Services
Department
and
post
clean-up
testing
has
been
certified
by
the
County
Hazardous
Management
Department.

28. All
landscaped
areas
shall
be
maintained
in
a healthy
and
thriving
condition,
free
from weeds,
trash
and
debris.

The
trees
shall
be
encouraged
and
allowed
to
retain
a natural
form.

Pruning
should
be
restricted
to
maintain
the
health
of
the
trees
and
to
protect
the
public
safety.

Unnatural
or
excessive
pruning,
including
topping,
is
not
permitted.

August 2, 2022, Item #8
24 of 32
Resolution No. P-02-06
Page9

29. All signs proposed for this project shall be designed and approved in conformance with the Poway Sign Ordinance.

30. A minimum of one parking stall per 400-square-feet of gross floor area is required for the project. Each of the required parking spaces shall have minimum dimensions of 8.5 feet x 18.5 feet.

31. Project driveway entrances shall be enhanced with enriched paving.

32. All parking lot landscaping shall include a minimum of one 15-gallon size tree for every three spaces. For parking lot islands, a minimum 12-inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6-inch high, 6-inch wide Portland concrete curb.

33. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum 25- foot-wide emergency access shall be provided and maintained free and clear at all times during construction in accordance with Safety Services Department requirements.

34. Permit and plan check fees shall be paid upon submittal of the grading plan.

Development fees, including but not limited to, domestic and irrigation water service fees, remaining sewer connection, sewer cleanout, and sewer inspection fees shall be paid prior to Building Permit issuance.

35. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices.

36. A grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Development Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Development Services inspector's approval prior to issuance of a building permit.

37. Existing telephone, gas, electric•, water, sewer, and other public utility lines and appurtenances shall be shown on the grading plans.

38. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan.

39. All new slopes shall be a maximum of2:1 (horizontal to vertical). There shall be a 5-foot clearance between toe of slope and face of curb.

August 2, 2022, Item #8
25 of 32
Resolution No. P-02-06

Page 10 ends

40. A final compaction report shall be submitted and approved prior to issuance of Building Permits.

41. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of Building Permits.

42. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life.

43. All pavement structural sections shall be submitted to, and approved by the City Engineer. Pavement sections shall conform to the minimums required by the Poway Municipal Code Section 12.20.080. This includes the street, as well as the parking lot pavement.

44. All existing unused driveways to the property shall be removed, and full curb, gutter, and sidewalk shall be restored to the City of Poway s standards.

45. Weed and vegetation growth along the curb on Gate Drive shall be eliminated by the use of special weed killers, or other approved methods.

46. All damaged offsite public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvement, to the satisfaction of the Director of Development Services.
4 7. Prior to any work performed in the public right-of-way or City-held easements, a Right-of-Way Permit shall be obtained from the Engineering Services Division and appropriate fees paid, in addition to any permit required.

48. All proposed driveways to the site shall be alley apron type entries per Regional Standard Drawing G-17 with handicap ramps on both sides, or as otherwise approved by the City Engineer.

49. The proposed water and sewer connections for the new facility shall be made on Gate Drive, if possible, to avoid trenching and excavation on Poway Road.

50. A new streetlight shall be provided by the developer on Gate Drive and on Poway Road ~,er the City of Poway standards, at locations along the property frontage as approved by the City Engineer.
--···--·····------------------------------------
August 2, 2022, Item #8
26 of
32 -
-
Resolution
No.

P-02-06
Page
11 51.

Intersection
drains
shall
be
required
at
locations
specified
by
the
Director
of
Development
. Services
and
in
accordance
with
standard
engineering
practices.

52. A
drainage
system
capable
of
handling
and
disposing
of
all
surface
water
originating
within
the
project,
and
all
surface
waters
that
may
flow
onto
the
project
from
adjacent
lands,
shall
be
required.

Said
drainage
system
shall
include
any
qasements
and
structures
as
required
by
the
Director
of
Development
Services
to properly
handle
the
drainage.

53. Concentrated
flows
across
driveways
and/or
sidewalk
shall
not
be
permitted.

54. Onsite
valley
gutters
shall
be
minimum
of
3 feet
wide.

55. No
parking
space
shall
be
allowed
within
City
s easements
unless
otherwise
approved
by
the
Director
of
Development
Services.

56. Applicant
shall
comply
with
City
of
Poway,
State
and
Federal
Regulations
in
regards
to
Storm
Water
Pollution
control.

57. All
proposed
utilities
within
the
project
shall
be
installed
underground.

58. Utility
easements
shall
be
provided
to
the
specification
of
the
serving
utility
companies
an.d
the
Director
of
Development
Services.

59. The
developer
shall be
responsible
for
the
relocation
and
undergrounding
of
existing
public
utilities
as
required.

60. Water,
sewer
and
fire
protection
systems
shall
be
designed
and
constructed
to
meet
the
requirements
of
the
City
of
Poway
and
the
County
of
San
Diego
Department
of
Health.

61. The
need
for
the
new
fire
hydrants
will
require
the
preparation
of
a
water
system
analysis
to
establish
the
proper
size
and
location
of
the
public
water
system.

The
applicant
shall
pay
to
the
City
the
cost
of
the
preparation
prior
to
the
submittal
of
the
grading
plan.

Water
System
Analysis
fees
are
as
follows,
and
they
may
.change
at
any
time
without
prior
notice:

One
Fire
Serv~ce
Two
Fire
Service
More
than
Two
Fire
Services
or
looped
Onsite
System
$1,250.00 $1,850.00 $2,800.00

62. This
approval
is
based
on
the
existing
site
conditions
represented
on
the
proposed
site
plan.

If the
actual
conditions
vary
from
representations,
the
site
August 2, 2022, Item #8
27 of 32
Resolution No. P-02-06

Page 12 ends

plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Development Services, and may require approval of the City Council.

63. Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City s Engineering Division. These fees are currently in effect and are subject to change:

Sewer Connection Fee
Sewer Cleanout
Sewer Inspection
Sewer Line Charge
=$53,599.00 (based on a total of 91fixture units)
=$50.00/lateral
=$25.00/lateral
=$ 7,600.00 (for connection on Gate Drive)
=$ 8,000.00 (for connection on Poway Road)
Corresponding sizes for water meters (not less than one inch in size) shall be determined by the applicant/developer. Depending on the size of water meters to be installed, the fees shall be the following:

Meter Size Cost
1" $270.00

1.5" $600.00
2" $1,775.00
Lateral**
$1,430.00
Cost
Cost
Base Capacity
$6,678.00
$10,388.00
$16,694.00
SDCWAFee*
$2,536.00
$4,755.00
$8,242.00
For a proposed meter size not listed above, please contact the Engineering Division. * This fee is subject to change without further notice. Applicable only to water meter for domestic use. The amount to be paid shall be that in effect at time of payment.
** No fee if installed by developer.

64. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full, said security bond could be released to the applicant:

Traffic Mitigation
Drainage Fee
=$23,083.50
=$1,200.00

65. The seven lots shall be merged into one lot before occupancy is granted.

66. The applicant shall provide a traffic analysis and report to address existing and proposed development conditions to the Development Services August 2, 2022, Item #8
28 of 32
Resolution No. P-02-06

Page 13 ends

Department. The report will include project trip generation, distribution, and a traffic signal analysis of the intersection of Poway Road and Gate Drive. The report will identify the cost of a traffic signal and percentage of project trips in the intersection. The applicant will deposit with the City, funds sufficient to cover the project pro rata share of said cost prior to Certificate of Occupancy.

If a traffic signal is not constructed within 10 years of project approval, the deposit shall be returned to the property owner upon request.

67. The traffic analysis and report shall include a review of site ingress and egress from Poway Road with recommendations for safe access. The site grading and improvement plan shall incorporate the recommendations.

68. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64.

69. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff s Department ASTREA criteria.

70. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code.

71. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation.

72. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A Knox padlock shall be required for the fire sprinkler system Post Indicator Valve.

73. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed.

August 2, 2022, Item #8
Resolution No. P-02-06

Page 14 ends

7 4. Permanent access roadways for fire apparatus shall be designated as Fire Lanes with appropriate signs and curb markings.

75. Minimum 2A: 1 0BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance.

76. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal.

77. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building.

78. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department.

79. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City.

80. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building.

81. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station.

82. The parcel. is located within Landscape Maintenance District 86-38.

Section 8: The terms and conditions of Minor Conditional Use Permit 99-03 and Development Review 99-06 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts.

Section 9: Resolution No. P-01-64 is hereby rescinded.
29 of 32
August 2, 2022, Item #8
Resolution
No.

P-02-06
Page
15 APPROVED
and

ADOPTED
by
the
City
Council
of
the
City
of
Poway,
State
of
California,
this
5th
day
of
February
2002.

ATTEST: STATE
OF

CALIFORNIA
) ) SS.

COUNTY
OF
SAN
DIEGO
)
I,
Lori
Anne
Peoples,
City
Clerk
of
the
City
of
Poway,
do
hereby
certify,
under
the
penalty
of
perjury,
that
the
foregoing
Resolution
No.

P-
02-06,
was
duly
adopted
by
the
City
Council
at
a
meeting
of
said
City
Council
held
on
the
5th
day
of
February
2002,
and
that
it
was
so
adopted
by
the
following
vote:

AYES: NOES:

EMERY,

GOLDBY,

REXFORD,

CAFAGNA
NONE
ABSTAIN:

NONE
ABSENT:

HIGGINSON
Lon
A
ne
Peoples.

City
Clerk
City
o
Poway
N:\city\planning\02report\mcup\mcup9903(
4)
reso2.doc
30 of
32 --·--
--
-
-
--------------------
August 2, 2022, Item #8
w
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TOM ATCH(E)SERVICE

SHOPBLDG(WHITE
PAINTOVE R CMU) <··N·~ -~-~~~~-~-~~--~~~~-~- -.-•
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SCALE I 118" • 1'-0"
TO MATCH{E ) SERVICE

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[ ---1-~2~
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02 Pc~?Rea~~~-servjce shop expansion - south elevation SOLAR GREY EXISTING

STOREFRONT TO REMAIN
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NEWSERVICESHOPEXPANSION )

TOM ATCH(E )SER VICE

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PAINTOVER CMU)
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EXISTING BUll.04NG IN FOREGROUND
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04 proposed service shop expansion - west elevation
SCALE I 1/8" • 1 '-0"
wJ
1,100VONK.1Jl:MANAVE.

SUITE 600
IR\IINE.CA92612
project no. I SAHC000i5
~
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= ~

SONIC DEVELOPMENT, LLC
4401 COL'MCK ROAD
CHARLOTTE, NC 28211

PCM/AV HONDA
13747 P0/1/AY ROAD.

PCM/AY, CA 92064
submission:

Pl.ANNINGENmLEMENTS
revisions:
£~1<:ripllon
Pl.ANNINGENTITlEMENTS 0.rJ. 7122
PLANNING ENTITLEMENTS OGID!l/22

PLANNING ENTITLEMENTS

PROPOSED

SERVICE SHOP

EXPANSION

ELEVATIONS
A-9
August 2, 2022, Item #8
§on
Automoti
January
25,
2022
RE:

PICK
UP
AND

DELIVERY

STATEMENT
POWAY
HONDA
This
is
to
confirm
that
Sonic
Automotive/
Poway
Honda
will
not
deliver
or
pick
up
vehicles
on
site
or
on
Gate
Drive
.

No
deliveries
or
pick
ups
of
any
kind
will
occur
on
Gate
Drive.

Thank
you
for
your
time
on
this
item.

Regards, ~~ Martin
Walsh
Vice
President
Facilities
Development
Sonic
Development
LLC
32 of
32 ATTACHMENT
F
August 2, 2022, Item # 9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT City of Poway
August 2, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Service~
Roger Morrison, Senior Management Analyste
(858) 668-4581, [email protected]

CITY COUNCIL
Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule
At a workshop in April 2021, the City Council directed staff to review the pricing, cost structure, and operations of the Poway Center for the Performing Arts (PCPA) with a goal of long-term reduction in the City's subsidy of the facility. Staff is currently preparing a Request for Proposals to select a consultant to perform a formal operational and fee study. In the interim, staff is recommending adjustments to rental and staff fees at the PCPA to keep pace with inflation.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution Amending the Poway Center for the Performing Arts Fees Within the Community Services Section of the Master Fee Schedule.

Discussion:

The City Council and community support the mission of the PCPA to provide high-quality, professional programming, culturally enriching experiences for young people as both audience and participants, and performing arts presentations by community-based organizations. However, they have expressed concern about the ongoing annual operating subsidy paid for from the City's General Fund.

Net subsidy of PCPA operations after subtracting revenue is estimated at $800,000 to $950,000 depending on each year's actual expenses and revenues. The City remains committed to ownership and operation of the PCPA and is taking a thoughtful and comprehensive approach to plan for the best and most sustainable future for the PCPA. At the direction of Council, staff is taking a variety of steps to achieve this goal:

1. Conducting a feasibility study to determine the possibility of an endowment fundraising campaign to help support PCPA operations and maintenance.

2. Negotiating cost sharing with the Poway Unified School District. 1 of9
August 2, 2022, Item # 9

3. Preparing
a
Request
for
Proposals
for
a
professional
mainstage
presenter
with
an
agreement
that
is
more
financially
favorable
to
the
City
than
the
current
agreement
with
Poway
OnStage.

4. Preparing
a
Request
for
Proposals
for
a
complete
operational
and
fee
study
that
will
review
all
aspects
of
PCPA
operations
including
booking,
ticketing,
concessions,
policies
and
procedures,
and
fee
structures
. This
study
will
produce
recommended
changes
to
implement
best
practices
and/or
other
operational
changes
to
improve
efficiency,
decrease
the
operating
subsidy,
and
generate
additional
revenue
for
the
facility.

Because
costs
continue
to
rise,
adding
a CPI
increase
to
existing
fees
is
recommended
to
help
maintain
revenue
and
ensure
fees
do
not
fall
farther
behind
while
the
comprehensive
operational
and
fee
study
is
being
completed.

The
annual
CPI
increase
for
the
San
Diego-Carlsbad
region
last
year
was

5.21 %,
and
this
is
the
amount
proposed
to
be
applied
to
the
existing
fees.

If
approved,
the
increase
would
take
effect
on
September
1,
2022.

This
is
a one-time
adjustment,
as
staff
anticipates
presenting
a
new
fee
schedule
to
the
City
Council
following
completion
of
the
upcoming
fee
study.

The
resulting
fees
are
shown
in
the
Resolution
and
redlined
Fee
Schedule
included
as
Attachments
A
and
B.

Because
there
are
special
agreements
governing
the
fees
paid
by
Poway
OnStage
and
Poway
Unified
School
District,
these
fees
in
the
Master
Fee
Schedule
apply
only
to
community
group
rentals.

Use
by
rental
groups,
which
drives
cost,
varies
significantly
in
terms
of
hours,
days
and
number
of
staff
required
based
on
performance
complexity.

Applying
the
fee
modifications
to
some
typical
community
group
rentals
shows
how
the
increases
would
affect
these
groups:

Rental
Current
Cost
Cost+
CPI
Increase
Metropolitan
Educational
Theatre
(Nonprofit)
$19,140
$20,010
$870
Poway
Symphony
Orchestra
(Nonprofit)
$9,575
$9,915
$340
So
Cal
Dance
Winter
Recital
(For-Profit)
$5,675
$5,823
$148
Adjusting
the
fees
by
CPI
would
provide
an
estimated
$10,000
in
additional
revenue
in
FY2022-23
based
on
current
FY2022-23
projections
adjusted
by
the
CPI.

The
redlines
also
reflect
some
minor
cleanup
of
language
in
the
Fee
Schedule
to
clarify
the
line
items
and
ensure
the
schedule
aligns
with
current
operations.

Environmental
Review:

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

Fiscal
Impact:

Adoption
of
this
Resolution
would
provide
an
estimated
$10,000
in
additional
revenue next
year
based
on
current
FY2022-23
projections.

Public
Notification:

Notice
of
Public
Hearing
was
published
in
the
Poway News
Chieftain
on
July
21 and
July
28,
2022.
2 of9
August 2, 2022, Item # 9
Attachments: A.

Resolution

8. Redlined
Fee
Schedule
Reviewed/
Approved
By
:

Wendy
serman
Assistant
City
Manager
3 of9
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch
~
City
Manager
August 2, 2022, Item # 9

RESOLUTION
NO
. 22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

AMENDING
THE
POWAY
CENTER
FOR
THE

PERFORMING
ARTS
FEES
WITHIN
THE

COMMUNITY

SERVICES

SECTION
OF
THE
MASTER
FEE

SCHEDULE

WHEREAS,
on
February
16,
2016,
the
City
Council
adopted
Resolution
No.
16-002,
Amending
the
Poway
Center
for
the
Performing
Arts
Fees
Within
the
Community
Services
Section
of
the
Master
Fee
Schedule;

WHEREAS,
it
is
necessary
to
amend
the
Community
Services
Section
of
the
Master
Fee
Schedule
to
update
the
staff,
rental,
and
use
fees
of
the
Poway
Center
for
the
Performing
Arts
in
order
to
improve
recovery
of
the
cost
of
providing
theater
services
and
rental
to
user
groups.

NOW,

THEREFORE,
BE
IT

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

SECTION
1:

Those
rental
client
fees
for
the
Performing
Arts
Center
presented
at
this
meeting,
and
set
forth
in
Exhibit
1 to
this
Resolution,
are
hereby
approved
and
adopted,
and
shall
be
effective
September
1,
2022.

SECTION
2:

Effective
September
1,
2022,
the
Poway
Center
for
the
Performing
Arts
items
in
the
Community
Services
section
to
the
City's
Master
Fee
Schedule
are
deleted
and
replaced
with
the
Poway
Center
for
the
Performing
Arts
items
in
the
Community
Services
Section
to
the
Master
Fee
Schedule
attached
to
this
Resolution
as
Exhibit
1 as
if
set
forth
in
the
Master
Fee
Schedule
in
full,
therein.

SECTION
3:

This
Resolution
shall
become
effective
immediately
provided,
however,
that
the
fees
and
charges
contained
in
Exhibit
1 shall
not
take
effect
until
September
1,
2022.
4of9

ATTACHMENT
A
August 2, 2022, Item # 9
Resolution
No
. 22-
Page
5 PASSED,

ADOPTED
AND

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

AYES
:

NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
5 of
9 August 2, 2022, Item # 9
Exhibit
1:

Revised
Fee
Schedule
Poway
Center
for
the
Performing
Arts
N/C
A

PCPA-AII
Areas
Except
Courtyard:
$
Non-Profit
Group
hourly
1,518
rate
six-hour
minimum
$
1,896
For-Profit
Group
hourly
rate
N/C
A
PCPA
-All
Areas
Except
Courtyard:

Non-Profit
Group
hourly
additional
hours
$
253
rate
$
316
For-Profit
Group
hourly
rate
N/C
A
Courtyard
Non-ProfiUFor-Profit
Group
$
105
hourly
rate
N/C
A
Lobby
Non-ProfiUFor-Profit
Group
$
105
hourly
rate
N/C
A
Green
Room
Non-ProfiUFor-Profit
Group
$
55 hourly
rate
Poway
Center
for
the
Performing
Arts
(204020)
Rental
Deposits
First
day
$
300
Each
additional
day
$
150
Cleaning/Damage
Deposits
PCPA
$
300
refundable
cleaning/damage
deposit
Cancellation
Fees
-if applicable
PCPA
full
deposit
forfeit
Staffing
Fees
-Per
Hour
Technical
Theatre
Coordinator
eight
$
32 per
hour
(8)
hours/day Technical
Theatre
Coordinator
in
$
42 per
hour
excess
of
eight
(8)
hours/day
Stage
Technician
eight
(8)
hours/day
$
24 per
hour
Stage
Technician
in
excess
of
eight
$
36 per
hour
(8)
hours/day Front
of
House
Coordinator
eight
(8)
$
32 per
hour
hours/day
Front
of
House
Coordinator
in
$
42 per
hour
excess
of
eight
(8)
hours/day
Front
of
House
Assistant
eight
(8)
$
21 per
hour
hours/day 6
of9
August 2, 2022, Item # 9
Front
of
House
Assistant
in
excess
of
eight
(8)
hours/day
Box
Office
Coordinator
eight
(8)
hours/day
Box
Office
Coordinator
in
excess
of
eight
(8)
hours/day
Box
Office
Assistant
eight
(8)
hours/day
Box
Office
Assistant
in
excess
of
eight
(8)
hours/day
Ticketing
Fees
Consignment
Handling
Other
Fees
Non-Intermission
Fee
Merchandise
Sales
Commission
Art
Exhibition
Commission
Piano
Tuning
Additional
Equipment
7 of9
$
32 $
32 $
42 $
21 $
32 $
2 $
5 $
158
per
hour
per
hour
per
hour
per
hour
per
hour
each
ticket
printed
each
Resolution
No.
22-
Page
7 15%
Nonprofit/
20%
For
Profit
15%
Nonprofit/
20%
For
Profit
Actual cost Actual cost
August 2, 2022, Item # 9
Redlined
Fee
Schedule
Powa
Center
for
the
Performin
Arts
GemefPCPA-AII
Areas
Except
Courtyard
: six
hour
minimum
PCPA
-
All
Areas
Except
CourtyardGemef
:
additional
hours
Courtyard
with
Performance/Exhibition
only
Lobby
with
Performance/Exhibition
only
Green
Room
Performing
Arts
Center
(204)Poway
Center
for
the
Performin
Arts
204020
Rental
Deposits
First
day
Each
additional
day
Cleaning/Damage
Deposits
PCPA
Cancellation
Fees
-if applicable
PCPA
Staffing
Fees
-Per
Hour
Technical
Theatre
Coordinator
eight
(8)
hours/day
Level
1 Technical
Theatre
Coordinator
in
excess
of
eight
(8)
hours/day
Level
2 Stage
Technician
eight
(8)
hours/day
---&--M
Receptions
Level
1 Stage
Technician
in
excess
of
eight
(8)
hours/day
Level
2 Front
of
House
Coordinator
eight
(8)
hours/day
&
Art
Receptions
Level
1 Front
of
House
Coordinator
in
excess
of
eight
(8)
-hours/day
Level
2 Front
of
House
Assistant
eight
(8)
hours/day
&
Art
Receptions
Level
1 N/C
A
$
1,5184-,44-G
Non-Profit
Group
hourly
rate
$
1 8964--,WQ
For-Profit Grau
$ 253240 $ 316JOO
N/C
A Non-Profit
Group
hourly
rate
N/C
A
$
Non-Profi
t/For-Profit
Group
1054-00
hourly
rate
$
100 N/C
A
$
Non-Profi
t/For-Profit
Group
1054-00
hourly
rate
$
100 N/C
A
$
Non-Profi
t/For-Profit
Group
55~
hourly
rate
$
52 $
300
$
150
$
300
refundable
cleaning/damage
deposit
full
deposit
forfeit
$
per
hour
32JO $
per
hour
424-0 $
per
hour
24~ $
per
hour
3634 $
per
hour
32JO $
per
hour
424-0 $
per
hour
zi~
8 of9

ATTACHMENT
B
August 2, 2022, Item # 9
Front
of
House
Assistant
in
excess
of
eight
(8)
hours/day
Level
2 Box
Office
Coordinator
eight
(8)
hours/day

Level
1 Box
Office
Coordinator
in
excess
of
eight
(8)
hours/day
Level
2 Box
Office
Assistant
eight
(8)
hours/day

Level
1 Box
Office
Assistant
in
excess
of
eight (8)
hours/day
Level
2 Ticketing
Fees
Consignment
Handling
Other Fees
Non-Intermission
Fee
Merchandise
Sales
Commission
Art
Exhibition
Commission
Facility
.A.rt
Displays
Piano
Tuning
Additional
Equipment
Canopy
Use
9 of9
$ 32W $ 32W $ 42@ $ 21~ $ 32W $ $
$
1584-W
per
hour
per
hour
per
hour
per
hour
per
hour
2 each
ticket
printed
5 each
15%
Nonprofit/
20%
For
Profit
15%
Nonprofit/
20%
For
Profit
Actual
cost
Actual
cost
$
261
Resolution
No.
22-
Page
9

Poway City CouncilAugust 2, 2022

Poway City Council
August 2, 2022