4-J.,..1£. Council Committee reports (AB 1234) and Announcements; 44-:-.Ll.,, City Manager items;
4-e-:-H:, City Attorney items, including any public report of any action taken in closed session;
4-&.-� Adjournment.
The regular order of business may be changed or suspended for any purpose at any particular meeting by the Mayor, with the consent of the majority of the Council members present.
SECTION 4: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of November, 2022, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 6th day of December, 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
4 of 5
November 15, 2022, Item #17
ATTEST:
Carrie Gallagher, CMC, City Clerk
Steve Vaus, Mayor
Ordinance No. ***
5 of 5
November 15, 2022, Item #17
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services µ
JohnWilly Aglupos, Associate Planner
(858) 668-4661 or [email protected]
CITY COUNCIL
Conditional Use Permit (CUP) 21-004; an amendment to CUP 13-004 to Allow the Expansion to an Existing Veterinary Clinic located at 14861 Pomerado Road; APN:
314-710-30
The applicant is requesting a Conditional Use Permit (CUP) to allow a 1,500-square-foot expansion to an existing 1,460-square-foot veterinary clinic (14861 Pomerado Road ) into an adjacent suite (14867 Pomerado Road) located at Twin Peaks Plaza in the Commercial General (CG) zone. Pursuant to the Poway Municipal Code, veterinary clinics are allowed in the CG zone with the approval of a CUP by the City Council. The existing veterinary clinic is operating under CUP 13-004 and this action would amend that CUP.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving CUP 21-004 (Attachment A).
Discussion:
In July 2013, City Council approved CUP 13-004 for a 1,460-square-foot veterinary clinic in a multi tenant commercial building at 14861 Pomerado Road (Attachment B). The clinic was approved for a full-service facility providing medical and surgical care primarily for dogs and cats with no boarding facilities, except for keeping animals overnight for medical reasons. All uses were approved to be conducted within the building Monday through Friday from 8:00 a.m. to 8:00 p.m. and Saturday through Sunday from 8:00 a.m. to 5:00 p.m.
The existing veterinary clinic was expanded by 1,500 square feet into an adjacent suite (14867 Pomerado Road) without City knowledge or approval. In May 2021, the applicant submitted an application (CUP 21-004) to amend CUP 13-004 to allow said expansion. If approved, the clinic would be 2,960 square feet total as shown in Attachment C. There will be no change in use or operation and the expansion will be subject to the conditions in CUP 13-004. As conditioned, a building permit and inspections for the expanded area will be required as part of the approval. 1 of 12
November 15, 2022, Item #18
Parking
The City's Zoning Code outlines the off-street parking requirements and the minimum number of parking spaces per each land use. The minimum parking requirement ensures there is adequate parking supply available within a property.
The total number of on-site parking spaces provided for the plaza is 888 serving a total of 234,227 square feet of commercial area. Based on the amount of existing parking spaces, approximately 12 parking spaces are allocated to the 2,960-square-foot veterinary clinic (existing 1,460 SF and proposed 1,500 SF of the clinic). The required parking ratio for a veterinary clinic is one parking space per 200 square feet of floor area or 15 parking spaces total. Since the required number of parking spaces for the veterinary clinic would exceed the existing number of parking spaces on-site allocated for the clinic, a parking evaluation was conducted by the applicant for the plaza to ensure there is adequate parking to support all uses including the veterinary clinic.
Twin Peaks Plaza contains a variety of uses including retail, fitness, restaurants, medical offices and clinics. Each of these uses have a different parking requirement. The parking evaluation prepared recognizes the multiple users within the plaza and their various parking requirements. The required number of parking spaces for all uses combined, including the veterinary clinic, is 875 spaces.
Therefore, there is a surplus of 13 parking spaces and the expansion to the veterinary clinic can be accommodated by the parking supply in the plaza.
Environmental Review:
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption (Conversion of Small Structures), pursuant to Section 15303(c) of the CEQA Guidelines, in that the project involves a conversion of an existing suite to accommodate a 1,500- square-foot expansion to an existing veterinary clinic which does not exceed the 2,500-square-foot limit under this exemption.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain on November 3, 2022 and mailed to the property owners and tenants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Map location
C. Site Plan and Floor Plan
Reviewed/Approved By:
Wendy;( erman
Assistant City Manager
2 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
ChriHazetme
City Manager
November 15, 2022, Item #18
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 21-004 TO ALLOW THE EXPANSION TO AN EXISTING
VETERINARY CLINIC; ASSESSOR'S PARCEL NUMBER 314-
710-30
WHEREAS, Conditional Use Permit (CUP) 21-004, submitted by Whitney Hodges, applicant, and PetVet Care Centers Management, LLC, property owner, requests approval to allow the expansion of an existing veterinary clinic located at 14861 Pomerado Road in the Commercial General (CG) zone;
WHEREAS, on July 16, 2013, the City Council adopted Resolution No. P-13-17 to establish a veterinary clinic within an existing commercial building located at 14861 Pomerado Road in the Commercial General (CG) zone;
WHEREAS, on November 15, 2022, the City Council held a duly advertised public meeting to solicit comments from the public, both for and against, relative to this application; WHEREAS, Section 17.48.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Conditional Use Permit; and
WHEREAS, the City Council has read and considered the agenda report for the proposed Conditional Use Permit request and has considered other evidence presented at the public meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption (Conversion of Small Structures), pursuant to Section 15303(c) of the CEQA Guidelines, in that the project involves a conversion of an existing suite to accommodate a 1,500-square-foot expansion to an existing veterinary clinic which does not exceed the 2,500-square-foot limit under this exemption.
SECTION 2: The findings, in accordance with Section 17.48.070 of the PMC, to approve CUP21-004, are made as follows:
A. The location, size, design and operating characteristics of the use and expansion 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 total number of parking spaces within Twin Peaks Plaza accommodate the enlargement of the existing veterinary use with no change in use or operation from the previously approved CUP.
B. The expansion to the veterinary clinic will be conducted underroof consistent with the previously approved CUP; therefore, the location, size, design, and operating characteristics of the expansion will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources. 3 of 12 ATTACHMENT A
November 15, 2022, Item #18
Resolution No. 22-
C. The expansion to the veterinary clinic is in harmony with the scale, bulk, coverage, and density of, and is consistent with, adjacent uses in that the use will be operating within the existing commercial building located in a developed commercial center. No changes to the building exterior are proposed.
D. There are adequate public facilities, services and utilities available at the subject site to serve the expansion of the veterinary clinic.
E. The expansion to the veterinary clinic will occur inside an adjacent suite within the existing commercial building; therefore, there will be no visible changes to the developed site that would cause harmful effect upon desirable neighborhood characteristics.
F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that there will be no increase in traffic based upon the expansion of the use.
G. The expansion to the veterinary clinic will operate in accordance with the previously approved CUP and is located on a site with adequate parking to accommodate the expansion; therefore, the site is suitable for the type and intensity of use and development which is proposed.
H. The expansion to the veterinary clinic will occur within an existing building located on a fully developed site with no natural habitat; therefore, there will not be significant harmful effects upon environmental quality and natural resources.
I. There are no relevant negative impacts of the proposed expansion that cannot be mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the expansion 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, in that the site has adequate parking to accommodate the expansion of the veterinary clinic and all activities will occur within the existing commercial building.
K. That the proposed conditional use will comply with each of the applicable provisions of this Title.
SECTION 3: The City Council hereby approves CUP 21-004 as shown on the floor plan and site plan incorporated herein by reference and stamped as "Exhibit A" and dated June 6, 2022 on file in the Development Services Department, except as noted herein, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. 4 of 12
November 15, 2022, Item #18
Resolution No. 22-
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.
B. Approval of this CUP shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the 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.
D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 21-004 shall remain in effect for the life of the subject structure and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner.
F. Conditional Use Permit 21-004 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.
G. The project shall comply with all conditions of approval established under CUP13-004, unless otherwise modified or superseded by these Conditions of Approval contained herein shown in underline/ strikeout format, as determined by the Director of Development Services.
H. The facility shall be operated in such a manner that it does not create odor in such quantities as to be readily detectable beyond the boundaries of the site.
I. The applicant shall obtain a Building Permit associated with the existing 1,500-square-foot expansion. Prior to issuance of a Building Permit, the applicant shall comply with the following:
5 of 12
1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of the Building Permit issuance.
2. The site shall be developed substantially in accordance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Director of Development Services. (Engineering)
3. Easements within the project boundary shall be shown on the building plans and include document number and recording information.
November 15, 2022, Item #18
Resolution No. 22-
4. The applicant will be required to install trash treatment control devices inside all existing private storm drain grated inlet structures onsite. Please call out the proposed devices on the building plans.
5. A recorded Storm Water Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at https://poway.org/963/Stormwater Forms.
J. Prior to issuance of a Certificate of Occupancy:
(Planning)
1. The applicant shall schedule a final planning inspection. (Engineering)
2. The stormwater facilities shall be complete and operational prior to occupancy.
3. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project.
K. The applicant shall comply with the following requirements to the satisfaction of the Fire Department:
6 of 12
1. Approved numbers or addresses shall be placed in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach.
2. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed.
3. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings.
4. The existing fire sprinkler system in 14861 shall remain operational at all times.
The fire sprinkler system in 14867 shall be evaluated for adequate coverage following an unpermitted tenant improvement. During approved periods of time when the system is out of service, a Fire Department approved Fire Watch shall be established and maintained. Contact the Fire Marshal at (858) 668-4462 to discuss the existing fire sprinkler system.
5. The building fire sprinkler system shall meet Poway Municipal Code requirements.
The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored. Relocation, addition, or removal of seven or more sprinkler heads shall require a separate plan submittal and approval by the Fire Department.
Advisory- The applicant is encouraged to evaluate the underground components of the fire sprinkler system. The City of Poway requires that anytime an underground water supply system for an existing fire protection system fails, November 15, 2022, Item #18
Resolution No. 22-
including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices.
6. The building's automatic fire alarm system shall meet Poway Municipal Code requirements. A properly licensed contractor shall install/modify the automatic fire alarm system to approved standards. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. A separate plan submittal and approval by the Fire Department is required.
7. 2A 1 0BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance.
8. Open doors shall not block hallway egress.
SECTION 4: 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.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
7 of 12
November 15, 2022, Item #18
RS-4
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8 of 12
Subject Location:
314-710-30
CG
City of Poway
Zoning/ Location Map
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ATTACHMENT B
500
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November 15, 2022, Item #18
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OWNER/TENANT :
TENANT:
BEST FRIENDS VETERINARY CUNIC
1•8411 POMEAADO RD~
P<:M'-Y CA.92054
cJo- ROBERT McCOOl
PHONE :
LEGAL:
LEGAL DESCRIPTION :
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ASSESSOR'S PARCEL NO.:
314-710-30-00
JOB A.OORESS :
14861 POMEFW>OAO., PC/NAY.CA 92064
EXl§T . CUP QF RECQRO :
113-0CM(lof2500SF)
PROJECT DATA:
SITE INFQRMA.TIQN :
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November 15, 2022, Item #18
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT
November 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services .µ
Andrea Thomas, Associate Civil Engineer!~
(858) 668-4605 or [email protected]
City of Poway
CITY COUNCIL
Resolution Adopting an Amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27 The San Diego Association of Governments (SANDAG), as the regional Metropolitan Planning Organization (MPO), is required by State and Federal laws to develop and adopt a Regional Transportation Improvement Program (RTIP). The RTIP is a five-year program of proposed major highway, arterial, transit, pedestrian and bikeway projects funded by revenues from the TransNet half cent sales tax. Pursuant to the TransNet Extension Ordinance, all local agencies are required to submit a list of proposed capital projects to be included in the proposed RTIP.
On April 19, 2022, the City Council approved the 2023 RTIP. The 2023 RTIP includes the list of projects proposed for full or partial funding by Trans Net revenues for Fiscal Years 2022-23 through 2026-27.
SANDAG recently amended the TransNet half-cent sales tax fund projections . The City of Poway is now required to update the funding for the projects contained in the RTIP to address funding adjustments for Fiscal Year 2022-23 and to provide an updated project list through Fiscal Year 2026-
27. Recommended Action:
1. It is recommended the City Council take publ ic input, close the public hearing and adopt the Resolution (Attachment A); and
2. Amend the FY 2022-23 Capital Improvement Program Budget to reflect an increase in projected TransNet revenue of $229,000 and appropriate those funds to the Annual Street Overlay project ST023.
Discussion:
The goal and purpose of the RTIP is to enhance the regional transportation system and improve regional air quality.
For local agencies to receive their allocated portion of annual TransNet half-cent sales tax funds, projects must be included in the RTIP, and must comply with the requirements as outlined in the SAN DAG memorandum dated January 28, 2022. The SAN DAG Board adopted an update to the 2023 1 of 6
November 15, 2022, Item #19
RTIP, which includes revenue projections for Fiscal Years 2022-23 through 2026-27, at its meeting on September 13, 2022.
Attachment B is the amended 2023 RTIP five-year program of projects for the City of Poway. The new program of projects funding has been amended to adjust individual projects' funding level to match the new SANDAG revenue projections and adding revenue projections for Fiscal Years 2022-23 through 2026-27. Funding for the Annual Street Overlay project was increased by SANDAG's projected amounts.
The City of Poway's total share of the TransNet revenues for local street and road program improvements is now estimated at $11,052,000 over the five-year period covered in the proposed 2023 RTIP (Attachment C), which includes Fiscal Years 2022-23 through 2026-27. Funds that are not used during each Fiscal Year are rolled over to next year as part of the total revenues available to the City.
Environmental Review:
Establishment of a list of anticipated future capital improvement projects is not subject to the California Environmental Quality Act. Subsequent environmental assessment of each of the future projects will occur at a future date.
Fiscal Impact:
Based on SAN DAG projections, the estimated TransNet revenue to be received by the City of Poway for Fiscal Years 2022-23 through 2026-27, as shown in Attachment C, is $11,052,000.
Staff is recommending the City Council appropriate an additional $229,000 of projected TransNet Revenue to the Annual Street Overlay project (ST023) to reflect the adjusted FY 2022-23 TransNet revenues.
Should SAN DAG revise their TransNet revenue estimates again, staff will return to City Council with an amended Program of Projects if the revised estimates impact project funding.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, November 3, 2022. The notice is required by the TransNet Ordinance.
Attachments:
A. Resolution
B. City of Poway 2023 RTIP Five-Year Program of Projects C. Transnet Revenue Forecast
Reviewed/Approved By:
Wend aserman
Assistant City Manager
2 of 6
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
November 15, 2022, Item #19
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA ADOPTING AN AMENDMENT TO THE
TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF
PROJECTS FOR FISCAL YEARS 2022-23 THROUGH 2026-27
WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance);
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds;
WHEREAS, the City of Poway was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2022-23 through 2026-27; WHEREAS, the City of Poway approved its 2023 TransNet Local Street Improvement Program of Projects (POP) on April 19, 2022 and the City of Poway desires to make an amendment to its POP; and
WHEREAS, the City of Poway has held a noticed public hearing with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by the City Council in accordance with Section S(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The 2023 Regional Transportation Improvement Program of Projects for Fiscal Years 2022-23 through 2026-27 is hereby adopted.
SECTION 2: Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of Poway certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance-related projects.
SECTION 3: Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Poway certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Poway's public hearing process.
SECTION 4: The City of Poway does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
SECTION 5: The City of Poway agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of Poway's TransNet funded projects.
3 of 6 ATTACHMENT A
November 15, 2022, Item #19
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November 2022 by the following vote, to wit:
AYES :
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 6
November 15, 2022, Item #19
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City of Poway 2023 RTIP Program of Projects (amended)
PROJECT FY 21/22 FY 22/23 FY 23/24 FY 24/25
RAMS* $ 7,300 $ 7,300 $ 7,300 $ 7,300
Annual Street Maintenance Project $ 300,000 $ 521,511 $ 310,000 $ 315,000 Neighborhood Sidewalk Project $ 315,000 $ 250,000
Annual Street Overlay Project $ 1,725,389 $1,337,700 $1,385,700 $1,448,700 Espola Road Safety Improvements $ 663,700 Phase 2
Espola Road Median (Between Country $ 783,900 $ 443,000 $ 194,000 Day Road and Old Coach Road) Annual Total $3,011,389 $2,650,411 $2,146,000 $2,215,000 Annual Total (30% Projects Revenue) $582,000 $609,600 $643,800 $664,500 70% of projected TRANSNET revenue $1,358,000 $1,422,400 $1,502,200 $1,550,500 Total TransNet Annual Revenue** $1,940,000 $2,032,000 $2,146,000 $2,215,000 RTCIP Revenue $513,000
Rollover $920,900 $318,411
Transnet Cash Revenue $300,000
TOTAL REVENUE $3,373,900 $2,650,411 $2,146,000 $2,215,000 ** Revenue may not match Local Street Improvement Program Table due to rounding.
FY 25/26 FY 26/27
$ 7,300 $ 7,300
$ 320,000 $ 325,000
$ 200,000 $ 250,000
$ 1,564,700 $ 1,785,700
$ 199,000
$2,291,000 $2,368,000
$687,300 $710,400
$1,603,700 $1,657,600
$2,291,000 $2,368,000
$2,291,000 $2,368,000
November 15, 2022, Item #19
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Jurisdiction
Carlsbad
Chula Vista
Coronado
Del Mar4
El Cajon
Encinitas
Escondido
Imperial Beach4
La Mesa4
Lemon Grove
National City
Oceanside
Poway
San Diego4
San Marcos4
Santee4
Solana Beach'
Vista
Countv4
Subtotal Street & Road"**
Local EMP5
Local Smart Growth5
TransNet Revenue Forecast• Local Street Improvement Program' Revised Estimates for FY 2022 and FY 2023 to FY 2027 (in SOOOs)** July 2021 Maintained FY 2022
Population 3 Miles 3 Revised FY 2023 FY2024
114,463 340.69 $4,177 $4,387 $4,637
272,202 485 .89 $8,368 $8,786 $9,289
21 ,381 52.68 $769 $807 $850
4,268 24.94 $59 $136 $151
104,393 195.07 $3,282 $3,443 $3,638
62,183 167.17 $2,211 $2,319 $2,450
153,008 334.04 $5,005 $5,257 $5,557
2B,055 61.07 $637 $634 $677
59,966 151.98 $1,556 $1,687 $2,317
26,526 62.30 $933 $974 $1,027
62,099 104.02 $1 ,918 $2,010 $2,123
177,335 445 .39 $4,492 $6,369 $6,732
49,338 169.95 $1,940 $2,032 $2,146
1,430,489 2,984.98 $45,375 $47,668 $49,996
97,209 174.93 $2,088 $2,250 $2,431
57,999 117.23 $1,009 $1 ,178 $1 ,287
13,838 42.55 $230 $256 $286
102,928 169.92 $3,131 $3,286 $3,472
505,675 1,953.24 $19,106 $20,147 $21,377
3,343,355 8,038.0 $106,284 $113,625 $120,444
$6,971 $7,319 $7,737
$8,133 $8,539 $9,027
FY 2025 FY 2026
$4,789 $4,954
$9,594 $9,928
$877 $906
$157 $163
$3,757 $3,886
$2,529 $2,616
$5,739 $5,938
$1,023 $1,129
$2,392 $2,473
$1,060 $1 ,095
$2,191 $2,266
$6,953 $7,194
$2,215 $2,291
$46,919 $48,830
$2,540 $2,660
$1,353 $1,421
$305 $325
$3,586 $3,709
$22,116 $22,930
$120,094 $124,714
$7,991 $8,268
$9,323 $9,646
**Revenue estimates for planning purposes only. Payments will be based on actual sales tax monthly receipts from the State Board of Equalization. ••• Totals may not add up due to rounding
! .Projection of revenues are based on estimate of growth rate on taxable sales as forecasted by SANDAG and excludes interest and prior year excess funds.
FY 2027
$5,123
$10,268
$935
$172
$4,019
$2,704
$6,141
$1 ,166
$2,557
$1,131
$2,342
$7,441
$2,368
$50,781
$2,782
$1,487
$346
$3,835
$23,772
$129,371
$8,551
$9,976
2. Distribution of revenue estimates are based on the 2004 Proposition A Extension: San Diego Transportation Improvement Program and Expenditure Plan and apportioned as follows: (a) SS0,000 annual base per agency; (b) balance distributed on a formula of 2/3 population and 1/3 maintained miles.
3. Population numbers are based on state Department of Finance (DOF) report of July 2021 population; Maintained miles figures are based on Caltrans 2019 California Public Road Data (December 2020). At the time of this report, the 2020 California Public Road Data was not yet available.
4. Revenues are net of estimated commercial paper and/or bond debt service payments
5. EMP to be distributed on a project by project basis; Smart Growth to be allocated based on Call for Projects process.
November 15, 2022, Item #19
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services ~L)
Audrey Denham, Director of Community Services
(858) 668-4584 or adenham@poway .org
CITY COUNCIL
Consultant Agreement with Webb Management for PCPA Operational Analysis and Fee Study, RFP 23-003
A request for proposals for an Operational Analysis and a Fee Study of the Poway Center for the Performing Arts (PCPA) was issued on August 8, 2022. Five proposals were received. Staff reviewed the proposals and is recommending award of the agreement to Webb Management Services, Inc. As this project is not included in the existing budget, an appropriation of $47,500 is required to award the agreement.
Recommended Action:
It is recommended the City Council approve the Consultant Agreement with Webb Management Services, Inc., authorize the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the completion of the study.
Discussion:
The PCPA was established in 1990 as a municipal and educational facility for the presentation of performing arts, educational programming, and the display of fine arts. At workshops in 2019 and 2021, City Council reviewed information about PCPA operations and the costs of operation. During the first workshop, staff presented information about the evolution of the current PCPA operating model, the primary user groups and existing use agreements, and the budgetary challenges with maintaining the ongoing annual operating subsidy and funding upcoming capital projects including HVAC work, roofing, flooring, and seat replacement.
The second workshop focused on getting City Council direction on several critical decision points related to Use and Use Policy, Cost Recovery, Agreements with User Groups, Fundraising, and Best Practice Research. Council directed staff to perform the following tasks:
1. Conduct a feasibility study to determine the possibility of an endowment fundraising campaign 1 of 25
November 15, 2022, Item #20
that would help support PCPA operations and maintenance.
2. Renegotiate the 1990 Agreement with the Poway Unified School District to reflect current operations and needs.
3. Oversee a complete operational analysis and fee study to review all aspects of PCPA operations and recommend operational and fee changes to improve efficiency, decrease the operating subsidy, and generate additional revenue for the facility.
4. Request proposals for a professional mainstage presenter with an agreement that is more favorable to the City.
Items 1 and 2 have been completed. Following approval of the new PCPA Joint Use Agreement with PUSD the FY22-23 PCPA operating subsidy is estimated at $463,000. To address Item 3, the City issued a Request for Proposals on August 8, 2022. The selected consultant will review all aspects of PCPA operations including booking, ticketing, concessions, policies/procedures, and fee structure, and then recommend best practices or other operational changes to improve efficiency, decrease the operating subsidy, and generate additional revenue for the facility.
Five proposals were received by September 22, 2022:
Consultant Fee Fee Plus Estimated Expenses
Webb Management Services, Inc. $42,480 $47,500
Johnson Consulting $60,000 $67,500
Next Practice Partners, LLC $69,000 $79,350
AMS Planning & Research $76,600 $81,600
Victor Gatesman Performing Arts Planning $84,000 $94,000 After review of the proposals, three finalists were interviewed, and ultimately Webb Management Services, Inc., was selected. The selection was based on their extensive experience, which is focused on performing arts centers similar to the PCPA. Additionally, their proposal had the lowest cost and shortest timeline. If this item is approved, work on the study can begin in December and should be con:ipleted in the Spring of 2023.
Because this item was not included in the FY23 budget, an appropriation from the General Fund will be required to fund the study.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The cost to complete the PCPA Operational Analysis and Fee Study is $42,480 plus reimbursement for actual expenses (i.e., travel/lodging if determined to be necessary). Staff is recommending the City Council appropriate $47,500 from the General Fund's Unassigned Fund Balance to the Poway Center for the Performing Arts Division Budget - Other Contractual Services (204020-41200) for the study.
Sufficient funds are available for this request.
Public Notification:
None.
2 of 25
November 15, 2022, Item #20
Attachment:
A. Standard Agreement
Reviewed/Approved By:
We~aserman
Assistant City Manager
3 of 25
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
November 15, 2022, Item #20
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 15th day of November, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and Webb Management Services, Inc. (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform an Operational Analysis and a Fee Study of the Poway Center for the Performing Arts; WHEREAS, Consultant is a consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of25 ATTACHMENT A
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delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation .
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda , reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
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9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application , certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
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D 2. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing . Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession .
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 7 of 25
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15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence .
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
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(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
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20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
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Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY CONSULTANT
By:------------- By: ____________ _
Chris Hazeltine, City Manager Duncan Webb, President
Date: Date: ------------ ------------
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By:-------------
Alan Fenstermacher, City Attorney
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"SPECIAL PROVISIONS"
EXHIBIT
11 A
11 A. Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the Operational Analysis and Fee Study services further described in the Scope of Services submitted with the proposals dated September 19, 2022, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated September 19, 2022, which are included in this document as Attachment 2. Total fee is not to exceed $42,480. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses . All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing November 15, 2022, and ending November 14, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
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Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured . (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
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City of Poway
P.O. Box 789
Poway, CA 92074
Duncan Webb
Webb Management Services, Inc.
800 West End Ave, Suite 11A
New York, NY 10025
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EXHIBIT "B"
Cal Gov Code § 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7
Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any November 15, 2022, Item #20
unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting . The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
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(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013.ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476). effective January 1, 2015 .
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 18 of 25
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D. PROPOSED
METHODS
AND REPORT
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building creativity
Approach
Our approach to this assessment for the PCPA is based on key tenets of our work, which we have used with countless arts facilities, community and arts organizations, governments, and foundations in our work around North America.
Our approach is rooted in research and analysis. To us, a planning process must first consider the Center's current operations, including its mission, unique ownership/governance structure, financial performance and operating policy, and the environment in which it operates. This research will assess audience demand, Center and community goals , and competitive positioning. We will also benchmark key aspects of the Center's structure and operations relative to other organizations similar in size and scope.
We believe that collaboration is key to a successful planning process. Our work will be developed in close collaboration with your diverse key stakeholders . Our process is interactive, iterative, and progressive, such that by the time the planning is complete, you will have strong understanding and ownership of the assessment.
The only thing certain with plans for facilities is change. Our work for you will be flexible enough to encourage and accommodate new opportunities as they arise.
For example, financial assumptions and timelines will be delivered in spreadsheet formats so that your leadership can modify the model as and if factors change .
Scope of Services
Webb Mgmt has designed a flexible and responsive scope of services in response to the goals and delivery requirements outlined in the RFP. We have organized the work into a series of tasks, based on the RFP but with some adjustments based on our experience with similar projects .
To start, our team will organize and facilitate an in-person kick-off meeting (with a hybrid option) with City staff to confirm project goals, objectives, and expectations, and then confirm lines of communication, points of contact, level of involvement by local leaders, and other related project management details .
Task One - Assessment of Opera tions
The first task is a comprehensive review of PCPA operations based on the collection and review of key data and information, plus a set of interviews with PCPA, PUSD and City staff . The review will include the following:
A review of the project's history, including how and why it was developed and a review of initial partnership agreements.
A review of all programming and activity in the PCPA over the past seven years, considering types and levels of use and how community artists, arts organizations, arts educators, and other community groups have been served by PCPA.
Webb Mg mt · Proposa l
ATTACHMENT 1
November 15, 2022, Item #20
''~ I building creativity
D. PROPOSED Scope of Services continued
METHODS
AND REPORT
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A review of operating policies and procedures, including rental rates and priorities, ticket pricing, food and beverage operations, safety and security, programming strategy, staffing and volunteer models, customer satisfaction research, user surveys, revenue generation and fundraising efforts.
A review of financial performance and capital expenditures over the past seven years, including levels of City subsidy and cash flow issues.
Task Two - The PCPA Value Proposition and City Goals
The second task is focused on an expansive set of interviews with additional City staff, elected officials, arts leaders and other stakeholders in order to understand how the PCPA is (or isn't) delivering value to the City, and what the City sees as the potential role and value that the PCPA should deliver in return for the financial support provided. Parameters for the interviews are as follows:
We will work with City staff to identify the right combination of elected officials, City leadership, City staff and user groups as identified by the City. City staff will help us determine individual, small group, or larger group formats for interviews depending on individual roles and relationships, which will inform the total number of interviews.
We will develop and review interview invitations and interview scripts in close consultation with City staff.
Interviews will focus on how the PCPA is delivering value to the City and community, and how that reality compares to the hopes and expectations of the City.
We will offer confidentiality to all interviewees but will record and deliver highlights of the interview findings to inform recommendations on PCPA governance and operations.
Task Three - The PCPA Market Opportunity
This third task is focused on identifying market opportunities for the PCPA, recognizing that the Center is operating in a competitive environment. This includes the following specific tasks:
We will map the distribution of current PCPA audiences for a range of different programs in order to understand and then define the market area for the Center.
We will then conduct a demographic and geo-demographic analysis of the defined market area, focusing on characteristics associated with arts participation and the how PCPA programming might respond to that market.
Finally, we will identify and describe competitive facilities and programs in the market and then develop a positioning strategy for the PCPA based on the competitive landscape and market analysis.
Task Four - Benchmarking and Best Practices
The fourth task is an extensive round of research on comparable performing arts facilities in Webb Mgmt · Proposa l
November 15, 2022, Item #20
''~ I building creativity
D. PROPOSED Scope of Services continued
METHODS
AND REPORT
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similar cities intended to provide a benchmark for the evaluation of PCPA operations and to identify best practices that might be adopted by the PCPA.
Using the venues identified in the RFP as a starting place, we will establish a sizable cohort of facilities to include in the analysis, collecting and considering options with City staff. From that list we will select ten facilities for deeper study and analysis, to include variables identified in the RFP as well as operating considerations that emerge throughout the study :
Demographics of arts center /theatre location
Owner/ operator roles and responsibilities
Joint-use agreements and cost-sharing models
Event and patron statistics
Client management methods and use of technology
Fee structures and collection methods
Operating subsidies (amount subsidized , percentage of overall budget) Operating schedules including planned dark periods
Outside funding sources
Rental structures and scheduling procedures
Revenue generation (events, concession operation, service-level tiers, etc.) Staffing and volunteer models
Diversity, equity, inclusion and social justice (DEIJ) training Repair and maintenance strategies and funding
Outside service provider arrangements
Other operating policies and practices that might inform PCPA options We will present the results of the benchmarking exercise to City staff and engage that group in a discussion on key findings on potential directions for PCPA. As a separate exercise, we will identify and explore forces and trends now impacting the performing arts and live entertainment sectors, and develop a set of insights suggesting how the PCPA should respond to these new challenges and opportunities.
Task Five - Recommendations on Governance and Operations All of the research and data collected in the first four tasks will inform a set of conclusions and recommendations on the governance and recommendations of the PCPA, to include:
How the PCPA should be programmed and animated by a combination of partner Webb Mgmt · Proposa l
November 15, 2022, Item #20
''~ I building creativity
D. PROPOSED Scop e of Services continued
METHODS
AND REPORT
22 of 25
programs, presenting, internally developed programs, and rental activity (both subsidized and market-rate).
How the PCPA should be governed so as to maximize value to the City, major stakeholders, community residents, and others.
How the PCPA should be operated, including policies and procedures on rentals, annual scheduling, food and beverage operations, staffing and volunteer support, inclusive approaches to programming and service delivery, ticketing, safety and security, other earned revenue sources, and fund raising.
Task Six - Pro-forma Operating Budget Development
Once there is a consensus around recommendations on PCPA governance and operations, we will build a financial model that projects future revenues, expenses and subsidy requirements, based on the following approach:
The financial model will be constructed in close collaboration with PCPA and City staff and be based on the current budget format and structure.
A baseline pro-forma will take the current budget out seven years into the future with no changes to governance and operations .
A second version of the financial model will incorporate recommended adjustments to governance and operations, showing incremental revenues and expenses over time and how those impact the annual operating subsidy.
Finally, we will conduct a sensitivity analysis that shows the impact of changes in key variables on the new pro-forma and make recommendations on how to mitigate those risks.
Task Seven - Final Report and Presentations
Finally, we will compile all of the work completed in the six tasks above and deliver a draft report (including an Executive Summary) to the City. We will travel to Poway to make a presentation based on the draft report and then work flexibly with PCPA and City staff to develop a revised final version of the report that summarizes our work and recommendations.
Finally, we will make a series of presentations of the work to City, PCPA and PUSD leadership and the community at large. This presentation will describe our work, summarize our recommendations, and project how governance and operating adjustments will deliver more value to the City, PCPA users, and other stakeholders.
Webb Mg mt · Proposa l
November 15, 2022, Item #20
''~ I building creativity
D. PROPOSED Scope of Services continued
METHODS
AND REPORT
23 of 25
Report & Deliverables
We will deliver the following information to the City at the conclusion of the assessment :
PDF reports that detail research, conclusions and recommendations along with an Executive Summary that describes the process and results.
Research, data and materials used to analyze the market, the competitive situation for arts programming and facilities in the region, market capacity, and comparable markets.
A multi-tab Excel-based workbook with a detailed pro-forma operating budget.
Raw data and multipliers used to project economic impacts.
Any survey data, summaries or other content.
Webb Mgm t · Proposa l
November 15, 2022, Item #20
D. PROPOSED
METHODS
AND REPORT
Timeline
TASK
1 - Assessment of Operations
2 - Value Proposition and City Goal~
3 - Market Opportunity
4 - Benchmarking & Best Practices
5 - Governance and Operations
6 - Pro-forma Operating Budget
7 - Final Report and Presentations
CLIENT VISITS / MEETINGS
building creativity
WEEK
th
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We are ready and willing to begin work as soon as notice to proceed is received. Assuming the contract begins on 71/29/22 as noted in the RFP, we anticipate completing the work over a 72-week period, depending on our ability to access the resources and people needed in 24 of25
a timely manner. A data request will be submitted upon contract execution. This 12-week timeline is contingent on receipt of requested data within 70 days or fewer from submission for that request We will work with the City to schedule interviews and stakeholder meetings to maximize partic ipation (given the December timing of project kick-off) but also meet the proposed timeline.
Webb Mgmt · Proposal
November 15, 2022, Item #20
E. PRICI NG
25 of 25
Fee Proposal & Arrangements
We propose professional fees and expenses of $47,500 to complete the work described in this proposal, per the chart below.
1 - Assessment of Operations 12
2 - The PCPA Value Proposition and City Goals 16
3 - The PCPA Market Opportunity 8
4 - Benchmarking and Best Practices 6
5 - Recommendations on Governance and Operations 12
6 - Pro-forma Operating Budget Development 18
7 - Final Report, Revisions, and Presentations 8
Hours by Team Member 80
Fee by Team Member $14,400
Professional Fees $42,480
Estimated Expenses (bled at cost, as used)
Travel (Incl. transportation, hotel, food, etc.) $3,000 Data, Printing
Total estimated expenses (by team member) $3,000
Total Fees & Expenses $47,500
Services falling outside of the approved scope would be billed at the following hourly rates.
Duncan Webb
Stacey McMath
Victoria Plettner-Saunders
Miriam King
$225
$175
$175
$125
ATTACHMENT 2
building creativity
12 6 6
10 16 8
12 12 4
6 8 24
8 12 4
12 12 6
16 10 16
76 76 68
$10,640 $10,640 $6,800
$1,500
$520
$1,500 $520
We will bill fees monthly based
on the progress of the study.
Expenses will be billed monthly
as incurred with no mark-up.
This proposal is valid for a
period of sixty days from dote
of issue.
Webb Mgmt · Proposa l
November 15, 2022, Item #20
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
CITY COUNCIL
November 15, 2022
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management ffe Robert Manis, Director of Development Services . D
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 [email protected]
Robert Manis, Director of Development Services
(858) 668-4601 [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway is in the process of recruiting for a Senior Code Compliance Officer to perform duties related to the City's code compliance program, which include identifying, investigating, and correcting violations of the City's municipal, building, and zoning codes. Due to the long-term vacancy of the position, an urgent and critical need to address code compliance matters necessitates the City taking steps to fill the vacancy on a temporary basis until a permanent Senior Code Compliance Officer is hired. The City desires to hire retired City of Poway employee, Marc LeDrew, as a retired annuitant on a temporary basis in order to provide extra help with the code compliance program. Government Code Sections 7522.56 and 21224 allow for an agency to request a waiver to the 180-day waiting period, by way of City Council approval, before a retired annuitant may be re-employed by an agency that contracts with Cal PERS for retirement benefits.
Recommended Action:
It is recommended the City Council approve the resolution waiving the 180-day waiting period to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224.
Discussion:
California Government Code Sections 7522.56 and 21224 authorize the City to re-employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed. 1 of 7
November 15, 2022, Item #21
After serving the City for approximately thirty years, fourteen of which were as a Code Compliance Officer, Marc LeDrew retired from Poway in August 2022. Mr. LeDrew has specialized skills in code compliance specific to the City of Poway, and his services are needed over the next several months during the recruitment and onboarding of a Senior Code Compliance Officer to address the high volume of code compliance matters. Mr. Le Drew's compensation in the retired annuitant role would be limited to the posted salary schedule for the Code Compliance Officer classification. Retired annuitants are not eligible for any employee leaves or benefit programs.
Along with the resolution, also attached is the employment agreement between the City of Poway and a retired annuitant, which outlines the terms of the temporary employment. To comply with the Government Code and hire Mr. LeDrew as a retired annuitant, the City must submit to Cal PERS a copy of: 1) an approved and executed resolution; 2) the employment agreement; and 3) the publicly available salary schedule listing the comparable or vacant position.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total estimated cost to hire Marc LeDrew as a retired annuitant Code Compliance Officer is anticipated not to exceed $35,000 and will be paid out of salary savings from vacancies in the Development Services department budget.
Public Notification:
None.
Attachments:
A. Resolution approving the 180-day waiting period exception to hire a retired annuitant pursuant to Government Code Sections 7522.56 and 21224
Reviewed/Approved By:
Wend~ aserman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney City Manager
2 of 7
November 15, 2022, Item #21
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD
EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODES SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Marc LeDrew retired from the City of Poway in the position of Customer Services Field Worker, effective August 02, 2022;
WHEREAS, Marc LeDrew previously held the position of Code Compliance Officer with the City of Poway for fourteen years;
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is January 29, 2023 without this certification resolution;
WHEREAS, Government Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the Poway City Council, the City of Poway and Marc LeDrew certify that Marc LeDrew has not and will not receive a Golden Handshake or any other retirement-related incentive;
WHEREAS, the Poway City Council hereby appoints Marc LeDrew as an extra help retired annuitant to perform the duties of the Code Compliance Officer for the City of Poway under Government Code section 21224, effective November 16, 2022; WHEREAS, the entire employment agreement between Marc LeDrew and the City of Poway has been reviewed by this body and is attached hereto as Exhibit A; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers;
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate;
WHEREAS, per the current Management/Confidential Salary Schedule, attached hereto as Exhibit B, the minimum monthly base salary for this position is $5,090 and the hourly equivalent is $29.3627, and the maximum monthly base salary for this position is $6,186 and the hourly equivalent is $35.6900;
WHEREAS, the hourly rate paid to Marc LeDrew will be $35.6900; and
ATTACHMENT A
3 of 7
November 15, 2022, Item #21
WHEREAS, Marc LeDrew has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Marc LeDrew as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Code Compliance Officer for the City of Poway by November 16, 2022 because Mr. LeDrew has specialized skills after serving the City for thirty years which are needed over the next several months to address code compliance matters.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 7
November 15, 2022, Item #21
EXHIBIT A
CITY OF POWAY
Retired Annuitant - Employment Agreement
Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56 and 21224, shall acquire no service credit or retirement rights unless they reinstate from retirement.
I. Conditions of Limited Appointment
Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c).
II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment Marc Le Drew has been appointed to serve as a Code Compliance Officer on an as-needed, interim basis, beginning November 16, 2022, in order to address code compliance matters.
Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.
Marc LeDrew will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials) III. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Management Confidential Group, the City's hourly rate of pay for a Code Compliance Officer ranges from $29.3627 to $35.6900. For the term of this agreement, Marc LeDrew will be compensated at an hourly rate of $35.6900, which is within the approved, allowable pay range for this position.
Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program.
IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1). Furthermore, a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2).
In accordance with these provisions, Marc LeDrew has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initials) 5 of 7
November 15, 2022, Item #21
V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency:
• The City of Poway certifies the nature of the employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (t)l) Resolution #22- __ approved on November 15, 2022 (if applicable). • The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(t)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(t) shall not apply. (GC 7522.56(g))
Hiring a retiree prior to meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.
Marc Le Drew did not receive a retirement incentive upon retirement. Mr. Le Drew retired from public service effective August 2, 2022. Based upon an effective date of November 16, 2022, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement
I, Marc LeDrew, Retired Annuitant, accept a limited appointment as a Code Compliance Officer with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement.
Retired Annuitant Date
Approved By:
Director of Human Resources/Risk Management Date
City of Poway
City Manager Date
City of Poway
6 of 7
November 15, 2022, Item #21
EXHIBIT B
City of Poway
Management I Confidential Salary Schedule
Effective Sectember 20 2022
Classification Title I
Approx. Monthly
I Salarv Ran••
City Manager 22,664
r....-n, 1n 1 Cv,.mnt- 11.t-.\Alill Min- Max Min
Assistant City Manager 13,346 - 18,684 76.9976
Director of Community Services 12,710-17,795 73.3313
Director of Development Services 12,710-17,795 73.3313
Director of Finance 12,710-17,795 73.3313
Director of Human Resources & Risk Management 12,710 - 17,795 73.3313 Director of Public Works 12,710-17,795 73.3313
Fire Chief 12,710 - 17,795 73.3313
Classification Title I Grade I Approx. Monthly I Step 1 Salarv Range Graue 2A Exemet At-Will
Assistant Director of Public Works Utilities 731 9,937 - 12,080 57.3277 Assistant Director of Public Works Operations 731 9,937 - 12,080 57.3277 Assistant Director of Finance Operations 731 9,937 - 12,080 57.3277 City Clerk 681 8,778 - 10,670 50.6411
City Engineer 780 11,139-13,540 64.2668
City Planner 731 9,937 - 12,080 57.3277
Deputy Fire Chief 780 11,139-13,540 64.2668
Deputy Fire Marshal 620 7,503 - 9,121 43.2917
Finance Manager 681 8,778 - 10,670 50.6411
Fire Battalion Chief (not at-will/2912 hrs/yr) 570 9,285 - 11,286 38.2636 Parks and Trails Area Manager 560 6,470 - 7,865 37.3303 Principal Engineer - Utilities 731 9,937 - 12,080 57.3277 Public Works Operations Manager 681 8,778 - 10,670 50.6411 Recreation Area Manager 560 6,470 - 7,865 37.3303
Recreation Area Manager CY-Rated) 681 8,778 - 10,670 50.6411 Revenue and Operations Manager 681 8,778 - 10,670 50.6411 Water Treatment Plant Manager 681 8,778 - 10,670 50.6411 Graue 2B Exemet
Accountant 481 5,326 - 6,475 30.7255
Associate Civil Engineer 602 7,261 - 8,826 41.8893
Associate Planner 521 5,902 - 7,174 34.0517
Community Outreach Coordinator 571 6,678 - 8,117 38.5265 Deputy City Clerk 571 6,678 - 8,117 38.5265
GISAnalyst 531 6,050 - 7,354 34.9030
Information Technology Analyst 531 6,050 - 7,354 34.9030 Network & Computer Systems Analyst 550 6,312 - 7,673 36.4198 Management Analyst 531 6,050 - 7,354 34.9030
Network & Computer Systems Administrator 631 7,744-9,413 44.6789 Revenue and Operations Supervisor 571 6,678 - 8,117 38.5265 Senior Accountant 561 6,515 - 7,919 37.5868
Senior Civil Engineer 682 8,871 - 10,782 51.1773
Senior Code Compliance Officer 501 5,618 - 6,829 32.4109 Senior Fire Safety Inspector 541 6,201 - 7,537 35.7756
Senior Human Resources Analyst 571 6,678 - 8,117 38.5265 Senior Management Analyst 571 6,678- 8,117 38.5265
Senior Planner 581 6,845 - 8,320 39.4897
Special Projects Engineer 571 6,678-8,117 38.5265
Utilities Administrator 631 7,744-9,413 44.6789
Water Utilities Distribution Supervisor 640 7,884 - 9,583 45.4833 Group 3 Non-Exempt
Assistant Engineer 531 6,050 - 7,354 34.9030
Assistant Planner 491 5,481 - 6,662 31.6204
Code Compliance Officer 461 5,090 - 6,186 29.3627
Construction Maintenance Supervisor 501 5,618 - 6,829 32.4109 Facilities Maintenance and Special Districts Supervisor 501 5,618 - 6,829 32.4109 Fire Safety Inspector 461 5,090 - 6,186 29.3627
Fleet Maintenance Supervisor 521 5,902 - 7,174 34.0517
Management Assistant 491 5,481 - 6,662 31.6204
Parks Maintenance Supervisor 480 5,310 - 6,455 30.6387
Senior Accounting Technician 460 5,054 - 6,144 29.1623
Utility Systems Supervisor 650 8,081 - 9,822 46.6204
Wastewater Utilities Supervisor 620 7,504- 9,121 43.2917 Group 4 Non-Exempt
Accounting Technician II 360 3,948 - 4,799 22.7815
Administrative Assistant Ill 331 3,692 - 4,488 21.3002
Executive Assistant to the City Manager 451 4,965 - 6,035 28.6465 Human Resources Technician I 412 4,498 - 5,468 25.9523
Human Resources Technician II 451 4,965 - 6,035 28.6465 Senior Administrative Assistant - Confidential 380 4,148 - 5,042 23.9348 Hourly
I
Step 2
I
Step 3
60.1939 63.2037
60.1939 63.2037
60.1939 63.2037
53.1732 55.8319
67.4801 70.8541
60.1939 63.2037
67.4801 70.8541
45.4563 47.7291
53.1732 55.8319
40.1767 42.1856
39.1968 41.1567
60.1939 63.2037
53.1732 55.8319
39.1968 41.1567
53.1732 55.8319
53.1732 55.8319
53.1732 55.8319
32.2616 33.8747
43.9837 46.1827
35.7528 37.5413
40.4510 42.4745
40.4510 42.4745
36.6466 38.4798
36.6.466 38.4798
38.2411 40.1535
36.6466 38.4798
46.9109 49.2574
40.4510 42.4745
39.4644 41.4385
53.7360 56.4230
34.0300 35.7324
37.5628 39.4418
40.4510 42.4745
40.4510 42.4745
41.4623 43.5364
40.4510 42.4745
46.9109 49.2574
47.7575 50.1454
36.6466 38.4798
33.2000 34.8609
30.8295 32.3718
34.0300 35.7324
34.0300 35.7324
30.8295 32.3718
35.7528 37.5413
33.2000 34.8609
32.1708 33.7797
30.6206 32.1520
48.9514 51.3990
45.4563 47.7291
23.9206 25.1167
22.3643 23.4831
30.0776 31.5822
27.2488 28.6119
30.0776 31.5822
25.1318 26.3887
I
Step4
I
66.3639
66.3639
66.3639
58.6235
74.3968
66.3639
74.3968
50.1156
58.6235
44.2948
43.2145 ·
66.3639
58.6235
43.2145
58.6235
58.6235
58.6235
35.5684
48.4920
39.4178
44.5975
44.5975
40.4032
40.4032
42.1601
40.4032
51.7195
44.5975
43.5098
59.2440
37.5184
41.4133
44.5975
44.5975
45.7124
44.5975
51.7195
52.6527
40.4032
36.6033
33.9898
37.5184
37.5184
33.9898
39.4178
36.6033
35.4678
33.7587
53.9690
50.1156
26.3725
24.6570
33.1608
30.0420
33.1608
27.7073
Max
107.7966
102.6635
102.6635
102.6635
102.6635
102.6635
102.6635
Step 5
69.6909
69.6909
69.6909
61.5582
78.1167
69.6909
78.1167
52.6213
61.5582
46.5096
45.3752
69.6909
61.5582
45.3752
61.5582
61.5582
61.5582
37.3547
50.9165
41.3896
46.8285
46.8285
42.4243
42.4243
44.2678
42.4243
54.3067
46.8285
45.6863
62.2062
39.3952
43.4849
46.8285
46.8285
47.9992
46.8285
54.3067
55.2853
42.4243
38.4343
35.6900
39.3952
39.3952
35.6900
41.3896
38.4343
37.2409
35.4464
56.6674
52.6213
27.6911
25.8903
34.8195
31.5448
34.8195
29.0926
Appro,·cd al a regular meeting of
the Poway City Council on 9/20/2022
7 of 7
November 15, 2022, Item #21
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 15, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ~
Sara Trunzo, Associate Civil Engineer ~
(858) 668-4622/[email protected]
CITY COUNCIL
Summary Vacation of Portions of Certain Right-of-Way (VAC21-001) at the Westerly Terminus of Tenth Street (APN: 317-021-30)
Chinmaya Mission has requested the vacation of portions of certain existing right-of-way located at the westerly terminus of Tenth Street. City staff has confirmed this portion of right-of -way is not necessary and may be vacated.
Recommended Action:
It is recommended the City Council adopt the attached Resolution (Attachment A) ordering the summary vacation of a portion of public right-of-way (Tenth Street) and direct the City Clerk to cause certified copies of the Resolution to be recorded in the office of the Recorder of the County of San Diego.
Discussion:
The right-of-way for Tenth Street was dedicated and accepted by the County of San Diego through the recordation of Map No. 536 in May 1888. Tenth Street, located to the east of Pomerado Road, was never developed nor used by vehicular traffic as the residents in the area access their properties via the private road, Leona Lane, which is located directly south and outside of the dedicated right-of way. The westerly approximately 450 feet of Tenth Street is proposed to be vacated (Attachment B) at the request of Chinmaya Mission, the adjacent property owner on the north side of the right-of way, by submittal of documentation and payment of processing fee.
The parcel located directly south of the proposed vacation, 12203 Leona Lane, will retain access to their parcel via Leona Lane. After the vacation approval, Chinmaya will also dedicate an easement for access and utilities which will cover the parcel's existing driveway and fire truck turnaround which are currently within the Tenth Street right-of-way.
The existing trail easement on the Chinmaya property will not be affected by this vacation; the public trail easement will remain in its existing location along the north side of the land to be vacated. There 1 of 23
November 15, 2022, Item #22
is no habitat in the area to be vacated as it has historically been cleared of vegetation for fire fuel management (Attachment C). After the vacation, Chinmaya Mission will continue to clear the vegetation within the portions of the vacated right-of-way that are located within the 100-foot fire fuel management defensible space buffer around the existing structure on their property. Any new proposed uses within the area to be vacated will require Chinmaya Mission to process an amendment to their existing conditional use permit. It should be noted the proposed vacation is unrelated to a proposed subdivision in the vicinity as that project would take access from Rimbach Road and will be considered by the City Council at a yet to be determined date in the future.
The parcel located to the west of the Tenth Street terminus is owned by the State of California and a 15-foot access easement for California Department of Fish and Wildlife (CDFW) has been reserved to preserve their access to the parcel. The easement location and width were coordinated with CDFW.
Due to the lack of development and use, Tenth Street is not needed for public right-of-way purposes and therefore can be vacated. The Resolution will vacate the unnecessary designated portion of right of-way which, according to San Diego County's reversionary rights procedures, will become part of the Chinmaya property, immediately to the north .
Attachment D provides email correspondence received as of the printing of this report.
Environmental Review:
The vacation of right-of-way is exempt from the California Environmental Quality Act (CEQA), pursuant to section 15061 (b)(3) of the CEQA Guidelines, in that it will not result in an impact on the environment.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Resolution
B. Location Map
C. Area to be Vacated
D. Email Correspondence Received
Reviewed/Approved By:
Assistant City Manager
2 of 23
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
City Manager
November 15, 2022, Item #22
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY , CALIFORNIA, ORDERING THE SUMMARY VACATION
OF A PORTION OF A PUBLIC STREET, TO WIT: TENTH
STREET, ALL IN CITY OF POWAY MAP NO. 536 (VACATION NO.
21-001)
WHEREAS, the City Council of the City of Poway desires to summarily vacate a portion of a public street in accordance with the procedures provided in Chapter 4, Part 3, Division 9 of the Streets and Highways Codes of the State of California, commencing at Section 8300; WHEREAS, said portion of Tenth Street was created and dedicated to the public through the recordation of County of San Diego Map No. 536 in May 1888; and WHEREAS, the area to be vacated is not necessarily needed for public street purposes as it was never developed nor used by vehicular traffic.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows :
SECTION 1: This summary vacation is made under the provisions of Chapter 4, Part 3, Division 9 of the Streets and Highways Code of the State of California .
SECTION 2: The City Council hereby finds that said portion of Tenth Street has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation . (Section 8333(a)) .
SECTION 3: The City Council hereby declares that the portion of Tenth Street as described in Exhibit A attached hereto as Exhibit B, is hereby vacated .
SECTION 4: The City Clerk of the City of Poway is hereby directed to cause this Resolution to be recorded in the Office of the San Diego County Recorder in accordance with the provisions of Section 8336 of the Streets and Highways Codes of the State of California .
II
II
II
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3 of 23 ATTACHMENT A
November 15, 2022, Item #22
Resolution No. 22-
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of November, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT :
DISQUALIFIED :
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4of 23
November 15, 2022, Item #22
EXHIBIT 'A"
LEGAL DESCRIPTION
TENTH STREET VACATION
ALL THAT PORTION OF TENTH STREET IN TRACT 'F' OF POWAY, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 536 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1888, DESCRIBED AS FOLLOWS:
BEGINNING AT SOUTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE WEST LINE OF SAID TENTH STREET NORTH 00°02'30" EAST, 60.02 FEET TO THE NORTHWEST CORNER OF SAID TENTH STREET; THENCE ALONG THE NORTH LINE OF SAID TENTH STREET SOUTH 88°33' 15" EAST, 451.21 FEET TO A POINT 217 .19 FEET WESTERLY MEASURING AT RIGHT ANGLES OF THE EASTERLY LINE OF LOT 36 OF SAID TRACT 'F' OF POWAY; THENCE LEAVING SAID NORTHERLY LINE, AND PERPENDICULAR TO THE SOUTH LINE OF SAID TENTH STREET SOUTH 01 °26'45" WEST, 60.00 FEET TO THE SOUTH LINE OF SAID TENTH STREET; THENCE ALONG SAID SOUTH LINE NORTH 88°33' 15" WEST, 449.74 FEET TO THE POINT OF BEGINNING.
CONTAINS 27,028.53 SQ.FT., MORE OR LESS
RESERVING THEREFROM AN ACCESS EASEMENT FOR THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OVER THE SOUTHERLY 15 FEET THEREOF.
PREPARED BY:
06/27/2022
WILLIAM YEN, R
NOTE: ALL BEARINGS AND DISTANCES ARE BASED ON RECORD DATA OF R.O.S MAP NO. 14422.
5 of23
November 15, 2022, Item #22
EXHIBIT 'B'
10TH STREET VACATION
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~
SCALE: 1"=100'
WESTERLY LINE OF
THE EASTERLY
217.19 FEET OF,
LOT 36
LINE DATA
L1: N01'26'45"E 60.00'
L2: N00"02'30"E 60.02'
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PORTION OF TENTH - ---.. co
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60'
ALL BEARINGS AND DISTANCES
ARE BASED ON RECORD DATA
R.O.S. MAP 14422
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WEST 1 / 4 CORNER __/
SECTION 14
6 of 23
-90'
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15' ACCESS EASEMENT
RESERVED FOR
CALIFORNIA DEPT. OF
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November 15, 2022, Item #22
7 of 23
Tenth Street Vacation - Location Map
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed . This is not a legal document and should not be substituted for a title search,appraisa/, survey, or for zoning verification .
ATTACHMENT B
Map Scale
1 inch = 282 feet
10/5/2022
November 15, 2022, Item #22
8 of 23
Tenth Street Vacation - Area to be Vacated
Disclaimer : Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification .
ATTACHMENT C
Map Scale
1 inch = 94 feet
11/1/2022
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Claudia Plata Hernandez <[email protected]>
Tuesday, October 18, 2022 11 :37 AM
Barry Leonard; Caylin Frank; John Mullin; Steve Vaus; Dave Grosch; Chris Hazeltine; Bob Manis; City Clerk
Oct. 18, 2022 City Council Meeting-Agenda Item #7
Screenshot_20221018-094622_Photos.jpg; Screenshot_20221018-094318_Photos.jpg; Screenshot_20221018-094421_Photos.jpg; Screenshot_20221018-094711_Photos.jpg; Screenshot_20221018-094357 _Photos.jpg; Screenshot_20221018-094632_Photosjpg; Screenshot_20221018-094205_Photos.jpg; Screenshot_20221018-094432_Photosjpg; Screenshot_20221018-094559_Photos.jpg; Screenshot_20221018-103458_Messages.jpg; Screenshot_20221018-094226_Photos.jpg; Screenshot_20221018-094456_Photos.jpg; Screenshot_20221018-094350_Photos.jpg
Follow up
Completed
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~ Some people who received this message don't often get email from [email protected]. Learn why this is important
EXTERNAL EMAIL
Hello,
My name is Claudia Hernandez, and I have lived on Rimbach Rd for over 20 years. As news started spreading of the City's plans for a six home development of the preserved land on both sides of Rimbach Rd, I was shocked. The land has been undisturbed forever, and it is home to a large amount of wildlife . We have hawks, turkey vultures, roadrunners, gnat catchers, quails, owls, bobcats, woodpeckers, ocellots and even tortoises to name just a few. It is heartbreaking to see what is becoming of Poway. I dread the day, if the city approves this developement, when the bulldozers will come and completely destroy this land effectively killing the ground nesting birds, and all other wildlife present here. I was born and raised in Mexico City, and when I first arrived in Poway I thought it was a paradise. 'The City in the Country' indeed .
But sadly it is not looking like that any more. We have spoken to the environmental assesors that have been on Rimbach recently. Well, they need to come back in the spring so they can accurately assess all the nesting and the wildlife that is abundant and reproducing at that time. I have heard that officials have said that the wildlife can just move uphill and it will be fine . So I ask the council members where is this wildlife going to go if you continue granting building permits on said hills? When is enough? What then? Do we just say the quails can go to Mt. Woodson or where? What is next? Changing the slogan of Poway to no longer be a city in the country? These development and even more expansion of the religious center will be so devastating to the environment and for the wildlife access to the Van Dam Peak preserve.
I kindly urge the council members to reconsider, and protect these lands. I would love to see the Council Members getting out of the City Hall and taking a walk on these wondeful lands which are also a heritage of the Kumeyaay people.
I am also attaching these amazing pictures I have been able to take over the years. It is indeed a paradise that should remain undisturbed .
Thank you for your time and consideration.
Claudia Hernandez
12245 Rimbach Rd, Poway, CA 92064
9 of23 ATTACHr,JIENT D
November 15, 2022, Item #22
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November 15, 2022, Item #22
November 15, 2022, Item #22
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November 15, 2022, Item #22
10,34 {!J SG .di 73% ■
13 of 23
November 15, 2022, Item #22
Sarah Koerting
From:
Sent:
To:
Subject:
Carol Cue <[email protected]>
Tuesday, October 18, 2022 2:27 PM
City Clerk
#7 Dear Council members and Mayor Vaus
[You don't often get email from [email protected] . Learn why this is important at https://aka.ms/LearnAboutSenderldentification ]
EXTERNAL EMAIL
I have lived in Poway on and off since 1960 and have seen councils and wildlife come and go.
It's time for this council to take a new approach to the well being of Poways wildlife.
Just because 10th avenue is not being used by vehicles does not mean it is not being used by wildlife. I urge you before you vote to form a committee of concerned Poway citizens to research the area and report back to the council within 60 days
what effect closing the road would have on our wildlife users.
Thank you.
Carole Cue
14 of 23 1
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
'l
Lori Grennan <[email protected]>
Tuesday, October 18, 2022 2:56 PM
Caylin Frank; Dave Grosch; Steve Vaus; John Mullin; Barry Leonard; Chris Hazeltine; Bob Manis; City Clerk
RE: 10-18-22 City Council Meeting Agenda Item #7 Vacate 10th Street Rimbach-Chinmaya #3Jpg; Rimbach-Chinmaya #SJpg; Rimbach-Chinmaya #6Jpg; Van Dam Cornerstone PlanJpg
P Some people who received this message don't often get email from [email protected]. Learn why this is important f
EXTERNAL EMAIL
October 18, 2022
Dear Mayor, City Council Members and Staff,
Re: 10/18/22 Agenda Item #7-
Vacating right-of-way on Tenth Street (APN: 317-021-30) Our Coastal Sage Scrub and Chaparral is the most endangered habitat in the continental United States. It is time to protect our remaining habitat from bulldozers and structures. Gifting 10th Street to the Chinmaya Mission Center is not what is best for Van Dam Preserve's wildlife and the residents who enjoy watching it in Poway. The Rimbach/Leona properties tie into the Van Dam Preserve by the 10th Street access point. Gifting the land to the center will close off this area to rare and endangered wildlife and harm the overall health of the preserve. If you gift the Chinmaya Mission Center this land, they will close off this area to wildlife with a garden or children's center. I request you delay making any decisions until the Rimbach proposed housing development is decided. Please vote "no" and preserve Poway's open spaces! I am not alone. Nearly everyone I speak with do not want more development in Poway, especially in endangered habitat areas. Thank you.
Best regards,
Lori Grennan
15 of 23 1
November 15, 2022, Item #22
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16 of 23
November 15, 2022, Item #22
November 15, 2022, Item #22
November 15, 2022, Item #22
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
Attachments:
E)(TERNAL EMAIL
Jeffrey.W.Schmidt @hotma il.com
Phone : 858 -692 -7664
20 of 23
Jeffrey Schmidt <[email protected] >
Tuesday, October 18, 2022 2:46 PM
City Clerk
Comments for agenda #7 for tonights meeting
land use proposal letter .docx
1 November 15, 2022, Item #22
Steve Vaus, Mayor
CC: John Mullin, Deputy Mayor
Caylin Frank, Council Member
Barry Leonard, Council Member
Dave Grosch, Council Member
Oct. 18, 2022
Via Email:
Mayor Vaus, Council members,
Concerning Agenda Item 7 of Poway City Council meeting 10/18/22 - Vacating right-of-way on Tenth Street (APN: 317-021-30)
I recommend tabling the vote on this agenda item to consider other use of the property that will be vacated by this action until more is known about the proposed subdivision plans to be located in the two adjacent lots. The Chinmaya Mission Center already has large areas of land for a proposed garden, while critical habitat is constantly under threat of removal. Besides that, the actual plans for this area have not been divulged to the public along with the plan to develop the adjacent lots. Since this action will affect the hiking trails and natural habitat enjoyed by many in the community, the plans for this area should be fully divulged and public comment considered before voting on this item.
The area to be vacated could possibly be used to mitigate for loss of important habitat in this area while enhancing the nearby Meadowbrook Ecological Reserve. This area already teams with wildlife that is a joy to see and can significantly benefit by tying it to the main habitat reserve.
The parcels in the area of this proposed vacation of right-of-way, support mostly Coastal Sage Scrub (CSS) habitat. As you know, CSS has been declining in California at an alarming rate and is critically threatened by housing developments. The lots adjacent to the right-of-way have been separated from the Meadowbrook reserve for many years due to 10th street and fire management clearing (FMZ). The abandonment of the road is a rare opportunity to gain ground on habitat loss by reattaching the habitat in these lots to the Meadowbrook Ecological Reserve through this right-of-way. Doing this would benefit the ecological reserve, the remaining habitat in the Rimbach area, and make the hiking trails more enjoyable.
Already, the fire management zone near the Chinmaya Mission Center is too large which has taken more natural habitat than necessary and needs to be corrected. The FMZ size should be corrected, and the abandoned right-of-way should be restored as natural CSS habitat and attached to the Meadowbrook Reserve. With these two actions, the Natural Habitat area can be greatly enhanced while serving the entire community.
Jeffrey W. Schmidt
Attachment: Diagram of proposed habitat connection (Figure 1) 21 of 23
November 15, 2022, Item #22
Figure 1: Proposed Habitat Connection
22 of 23
November 15, 2022, Item #22
Carrie Gallagher
From:
Sent:
To:
Subject:
[email protected]
Tuesday, October 18, 2022 2:49 PM
Barry Leonard; Caylin Frank; John Mullin; Steve Vaus; Dave Grosch; Chris Hazeltine; Bob Manis; City Clerk
Poway 10th Street vacating land to Chinmaya Spiritual Center I You don't often get email from [email protected]. L~arn why this is importan t
EXTERNAL EMAIL
To Poway City Council Members and City Clerk,
My name is Randal Grant Powers. My address is 12203 Leona Lane in Poway. We own the property (since 1987) that is adjacent to the 10th Street Poway right-of-way that Chinmaya Spiritual Center is asking the City of Poway to vacate to them. The City of Poway engineers have determined that Chinmaya is entitled to the 10th Street right-of-way that is adjacent to their property according to a map that was drawn up in 1888. Poway seems to be following the rules and regulations the City of San Diego uses, as it has not set specific regulation regarding vacating land. Other municipalities that have vacated land, have divided/split the land equally between the property owners bordering the land to be vacated.I believe Poway does not have to abide by an 1888 map. I also would like Poway to consider dividing the land equally with the owners of the adjoining properties.
We also have an easement with the City of Poway on the 10th Street right-of-way for Fire Truck Turnaround. We were required by the city to build and maintain the fire-truck turnaround at our significant expense. This was required in order to build a garage addition to our house. This amounted to thousands of dollars to grade, compacting fill dirt, asphalting and installing of irrigation to maintain plants that prevent erosion of the subsequent slopes that were created .
When talking with Chinmaya about their intended use for the land, they said they plan on making a garden or a child center, however the city engineer has said the land can not be built on. We are in favor of leaving 10th Street the way it is.
Wildlife including California Quail, Roadrunners and other species, live and nest on that strip of land that is connected with California Fish and Wildlife land to the west and open land to the south. Let's not give up the country feel of Poway.
Sincerely,
Randal Grant Powers
23 of 23 1
November 15, 2022, Item #22