Agenda packet — Poway City Council, January 17, 2023

January 17, 2023, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

January 17, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk l/4,4.-
(858) 668-4535 or cgallagher@pow~y.org

CITY COUNCIL
SUBJECT: Approval of the December 6, 2022 Regular City Council Meeting Minutes and the December 13, 2022 Special Meeting Minutes
Summary
The City Council Meeting Minutes submitted hereto for approval are:
• December 6, 2022 Regular City Council Meeting Minutes • December 13, 2022 Special Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve December 6, 2022 Regular City Council Meeting Minutes and December 13, 2022 Special Meeting Minutes.

Public Notification:

None.

Attachments:

A. December 6, 2022 Regular City Council Meeting Minutes B. December 13, 2022 Special Meeting Minutes
Reviewed/Approved By:
;✓J;.J;, ~
Wend4aserman
Assistant City Manager
1 of 10
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
January 17, 2023, Item #2
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
December 6, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)

CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.

ROLL CALL

Present: Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus

STAFF MEMBERS PRESENT
City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources and Risk Management Director Jodene Dunphy; Public Works Director Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Karla Menzies, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)

PLEDGE OF ALLEGIANCE
Deputy Mayor Mullin led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Vaus led a moment of silence.

PRESENTATIONS
Recognition of Outgoing Council Members -Council Member Dave Grosch and Deputy Mayor John Mullin
Mayor Vaus announced the time limit for Public Comment had been reduced to two minutes rather than the normal three, due to the number of speakers forms submitted. 2 of 10 ATTACHMENT A
January 17, 2023, Item #2
City of Poway -Minutes -December 6, 2022

PUBLIC COMMENT
Sharlene O'Keefe, Poway OnStage, thanked the City Council for their continued support of the PCPA.

Yuri Bohlen inquired about upcoming holiday events for seniors at the Mickey Cafagna Community Center and recognized outgoing Councilmember Grosch and Deputy Mayor Mullin.

Joe St. Lucas spoke regarding the use of different terms while sharing holiday sentiment.

Billy Sheldon spoke regarding recourse and enforcement of broken trespassing laws by the developer of the Lyon Estates Development.

Pete Neild (via teleconference) invited the public to visit Candy Cane Court to enjoy the holiday lights and partake in neighborly festivities.

Alexander Lynch spoke regarding a recent traffic accident on Midland Road, he suggested a roundabout traffic flow could potentially ease traffic concerns.

John Barton spoke regarding a recent traffic accident on Midland Road.

Becky Rapp (via teleconference) spoke regarding concerns over Poway Unified School District curriculum.

Arthur Blain spoke regarding a recent traffic accident on Midland Road and requested safety improvements.

Jim Bunner spoke regarding a recent traffic accident on Midland Road he and his young children witnessed and voiced concerns over traffic in the area, he requested safety improvements.

Tom Farley and grandson Austin thanked outgoing Councilmembers and wished Council, staff, and the public, Happy Holidays.

In response to Public Comment regarding the Midland Road traffic accident, Mayor Vaus requested Captain Menzies provide an update on the investigation into the accident.

Captain Menzies stated the investigation was still preliminary and information was being collected.

She asked the public to be patient, so the Sheriff's Department can ensure the information provided is accurate.

Mayor Vaus then requested City Manager Chris Hazeltine have this information discussed by the Traffic Safety Committee as soon as possible once the investigation has been completed.

CONSENT CALENDAR
Motioned by Deputy Mayor Mullin, seconded by Councilmember Grosch to approve Consent Calendar Items 1 through 11. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:
3 of 10
Leonard, Frank, Grosch, Mullin, Vaus
None
None
January 17, 2023, Item #2
City of Poway -Minutes -December 6, 2022

Absent: None
Disqualified: None

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

2. Approval of the October 4, 2022, October 18, 2022 and November 15, 2022 Regular City Council Meeting Minutes

3. Adoption of Resolution No. 22-088 entitled, "A Resolution of the City Council of the City of Poway, California, Finding and Declaring the Continued Existence of an Emergency within the City due to the Novel Coronavirus (COVID-19) Global Pandemic"

4. Approval of Local Appointments List of City Council Appointed Committees for 2023

5. Memorandum of Understanding between St. Michael's Catholic Church and the City of Poway to use the Church as an Emergency Shelter in the Event of an Evacuation

6. Approval of Lease Agreement with Sportsplex, USA, Inc.

7. Replacement of Citywide Network Switches and Appropriation of Funds

8. Approval of Agreement with Fluoresco Services, LLC, for PCPA Marquee Sign Repair

9. Second Reading and Adoption of Ordinance 858 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 of the Poway Municipal Code (Meetings)"

10. Acceptance of City Facilities Painting 2021-22 Project; Bid No. 22-009 with Harbor Coating & Restoration, as Complete

11. Acceptance of the FY 2022-23 Street Maintenance Project; Bid No. 22-013, with American Asphalt South, Inc., as Complete

ORDINANCES FOR INTRODUCTION
None.

PUBLIC HEARINGS:

12. Adoption of an Ordinance of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes with Local Amendments, Adoption of a Resolution Amending and Establishing Permit and Inspection Fees within the Fire Department Section of the Master Fee Schedule, and Determination that the Adoption of the Foregoing Amendments by Ordinance and Resolution is Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3)
Mayor Vaus opened the Public Hearing at 8:05 p.m.
4 of 10
January 17, 2023, Item #2
City of Poway -Minutes -December 6, 2022
City Planner David De Vries presented the report. He stated every three years the California Building Standards Code commission updates the Building Codes, which includes Building and Fire Codes. He stated local amendments were primarily reduced this cycle to be more consistent with state codes. He noted aging in place design elements in new residential construction for accessibility, additional extensions to building permit expirations, changes to child daycare operations and three dimensional or 3D printed buildings will be permissible if the manufacturer is certified and approved by the City building official. Mr. De Vries, spoke regarding proposed amendments for high fire hazard zones including setback distance, and the addition of some new inspection fee categories.

Public Comment:

None.

End of Public Comment.

Mayor Vaus closed the Public Hearing at 8: 10 p.m.

Motioned by Mayor Vaus, seconded by Councilmember Frank to adopt Resolution No. 22-089 entitled, "A Resolution of the City Council of the City of Poway, California, Amending and Establishing Fire Permit and Inspection Fees Within the Fire Department Section of the Master Fee Schedule", and determine that the adoption of the foregoing amendments by Ordinance and Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Motion carried unanimously.

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

Motioned by Mayor Vaus, seconded by Councilmember Frank to introduce Ordinance No. 859 entitled, "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments", waive further reading and schedule the adoption for January 17, 2023, carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Leonard, Frank, Grosch, Mullin, Vaus
None
None
None
Disqualified: None
STAFF REPORTS:

None.

WORKSHOPS:

None.
5 of 10
January 17, 2023, Item #2
City of Poway -Minutes -December 6, 2022
COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Leonard spoke about the upcoming joint effort between the City of Poway and Kiwanis Poway "Holiday with Heroes" event toy and shoe distribution to be held at the Mickey Cafagna Community Center.

Councilmember Frank announced and invited residents to the upcoming newly expanded two night event and tree lighting ceremony, Christmas in the Park. She thanked the Community Services Department for their work on the event.

Mayor Vaus announced an upcoming Special City Council meeting to be held Tuesday, December 13 for the purpose of accepting and approving the November 8, 2022 General Municipal Election results and swearing in ceremony for the incoming City Council members.

Mayor Vaus also announced the cancellation of the December 20, 2022 Regular City Council meeting.

CITY MANAGER ITEMS
None.

Mayor Vaus recessed the meeting into Closed Session at 8:14 p.m.

CITY ATTORNEY ITEMS (Including any public report of any action taken in closed session)

13. Conference with Legal Counsel -Anticipated Litigation Government Code Code § 54956.9(d)(2) -one (1) case
City Attorney Fenstermacher stated, no reportable action.

ADJOURNMENT
The meeting was adjourned at 9:34 p.m.
6 of 10
Carrie Gallagher, CMC
City Clerk
City of Poway, California
January 17, 2023, Item #2

CITY OF POWAY

CITY COUNCIL SPECIAL MEETING MINUTES
December 13, 2022
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency)

CALL TO ORDER
Mayor Vaus called the Special Meeting to order at 7:00 p.m.

ROLL CALL
Barry Leonard, Caylin Frank, Dave Grosch, John Mullin, Steve Vaus

PLEDGE OF ALLEGIANCE
Deputy Mayor Mullin led the Pledge of Allegiance.

MOMENT OF SILENCE
Mayor Vaus led a moment of silence.

Mayor Vaus announced the reordering of the agenda to hear Public Comment later in the meeting.

CONSENT CALENDAR
Motioned by Mayor Vaus, seconded by Councilmember Leonard to approve Consent Calendar Item 1. Motion carried 5/0 by the following roll-call vote:

Ayes: Leonard, Frank, Grosch, Mullin, Vaus
7 of 10 ATTACHMENT B
January 17, 2023, Item #2
City of Poway -Minutes -December 13, 2022
Noes: None
Abstained: None

Absent: None
Disqualified: None

1. Approval of November 8, 2022 General Municipal Election Results

PRESENTATIONS
Administration of Oath of Office and Presentation of Certificates of Election to Newly Elected Mayor and Councilmembers
• Councilmember District 1 Brian Pepin
• Councilmember District 3 Peter De Hoff
• Mayor Steve Vaus
City Clerk Gallagher administered the Oaths of Office to newly elected Mayor Vaus and Councilmember Pepin and Councilmember De Hoff.

Mayor Vaus recessed the Special Meeting at 7:19 p.m. for a brief reception in the Chambers Foyer.

CALL TO ORDER
Mayor Vaus reconvened the Special Meeting at 7:28 p.m.

ROLL CALL
Brian Pepin, Caylin Frank, Peter De Hoff, Barry Leonard, Steve Vaus

COUNCIL-INITIATED ITEMS
None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))

2. Appointment of Deputy Mayor for 2023
Mayor Vaus presented the item. He announced his selection to appoint Councilmember Leonard to serve as Deputy Mayor for 2023.

Public Comment:

None.

End of Public Comment.

Motioned by Mayor Vaus, seconded by Councilmember Frank to approve and appoint Councilmember Leonard to serve as Deputy Mayor for 2023. Motion carried unanimously.
8 of 10
January 17, 2023, Item #2
City of Poway -Minutes -December 13, 2022

3. Appointment to Regional Agencies' Boards, Commissions and Committees for 2023 Mayor Vaus presented the item. He announced the selection of the following appointments to the Regional Agencies' Boards, Commissions and Committees for calendar year 2023:

1. San Diego Division League of California Cities
a. Primary: Brian Pepin
b. Alternate: Caylin Frank

2. Metropolitan Transit System (MTS) Board of Directors a. Primary: Caylin Frank
b. Alternate: Brian Pepin

3. San Diego Association of Governments Board of Directors a. Primary: Steve Vaus
b. 1st Alternate: Caylin Frank
c. 2nd Alternate: Brian Pepin

4. Metro Wastewater Commission/Joint Powers Authority (JPA) a. Primary: Peter De Hoff

5. San Dieguito Riverpark Joint Powers Authority (JPA)
a. Primary: Brian Pepin
b. Alternate: Barry Leonard

6. City of Poway/PUSD Joint Use Subcommittee for lnterjurisdictional Cooperation a. Primary: Caylin Frank
b. Alternate: Steve Vaus

7. Regional Solid Waste Association (RSWA)
a. Primary: Peter De Hoff
b. Alternate: Brian Pepin

8. Goodan Ranch Policy Committee
a. Primary: Barry Leonard
Public Comment:

None.

End of Public Comment.

Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve and make the aforementioned appointments to the Regional Agencies' Boards, Commissions and Committees for calendar year 2023. Motion carried unanimously.

PUBLIC COMMENT
Yuri Bohlen (via teleconference) congratulated the newly elected Councilmembers and Mayor Vaus on his reelection.
9 of 10
January 17, 2023, Item #2
City of Poway -Minutes -December 13, 2022
Mayor Vaus wished a Merry Christmas to the public and noted his appreciation to City staff who will be working on the Christmas holiday.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.

ADJOURNMENT
The meeting adjourned at 7:34 p.m.
10 of 10
Carrie Gallagher, CMC
City Clerk
City of Poway, California
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway

CITY COUNCIL
January 17, 2023
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief
Jeff Chumbley, Fire Chief
u
r
(858) 668-4461 or [email protected]
Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to impact economic and social segments of the United States. Federal, state, and county directives, mandates and orders to manage COVI D-19 have, and continue to, impact Poway residents, businesses and visitors. On March 18, 2020, the City Council approved a resolution proclaiming a local emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting.

Recommended Action:

It is recommended the City Council approve a resolution continuing the Proclamation of Local Emergency. This action requires a four-fifths (4/5) vote of the City Council.

Discussion:

The COVID-19 global pandemic continues to impact business, education, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates, orders and guidelines have been issued to manage COVID-19. Efforts continue to focus on re-opening the economy and relaxing restrictions. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The City Council approved to continue the emergency action in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, and December 15. In 2021, the City Council approved to continue the emergency action on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, and December

7. In 2022, the City Council approved to continue the emergency action on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, 1 of 6
January 17, 2023, Item #3
August 16, September 20, October 4, October 18, November 15 and December 6. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Continuing the local emergency, in addition to being consistent with the County of San Diego, also allows the City to continue to be eligible for federal, state, and county funding opportunities related to COVID-19 and tied to having a declaration of a local emergency in place. Based on a recent announcement by the State of California that it plans to end the COVID-19 State of Emergency on February 28, 2023, the City plans to end its local emergency at the February 21, 2023 City Council Meeting.

Environmental Review:

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

Fiscal Impact:

As of December 27, 2022, City costs to respond to COVI D-19 are estimated at $1,120,760. These costs specifically relate to FEMA eligible expenditures. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve policy, the City maintains a General Fund Reserve of 45 percent of the budgeted annual General Fund operating expenditures, or $20,393,896 as of June 30, 2021. Within that 45 percent, $13,179,618 is set aside for Extreme Events/Public Safety. Staff believes some of the prior expenditures are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a State or Federal Disaster program. Staff will recommend applicable budget adjustments prior to the completion of the current fiscal year.

In addition to using reserves to respond to COVID-19, on April 20, 2020, the City Council approved $2,000,000 to fund the Poway Emergency Assistance Recovery Loans {PEARL) program for small businesses. The PEARL program's goal was to offer financial assistance to small businesses located in Poway by serving as a financial bridge to businesses while they were awaiting state and federal funding provided in response to the pandemic. Based on staffs review, 35 loans totaling $1,328,188 were approved and five loans totaling $198,000 have been repaid in full, one loan recipient began making monthly payments in January. The total outstanding balance for all loans is $1,128,723.94. With the anticipated end of the City's local emergency at the February 21, 2023 City Council meeting, all PEARL loan recipients have been notified that loans must be paid in full no later than May 23, 2023 to avoid interest accruing on the loans. In accordance with the loan application documents, loan recipients opting to make monthly payments will have three years to repay the loans with a 3% annual interest rate. The reserve fund will be replenished from the repayment of PEARL loans over a three-year period following the end of the local COVI D-19 emergency. This period falls within the General Fund Reserve Policy's direction to fully replenish reserves within five years of use.

Public Notification:

None.

Attachments:

A. Resolution
B. Proclamation of Local Emergency
2 of6
January 17, 2023, Item #3
Reviewed/Approved
By:

Assistant
City
Manager
3 of
6 Reviewed
By
:

Alan
Fenstermacher
City
Attorney
e
City
Manager
January 17, 2023, Item #3
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, FINDING AND DECLARING THE

CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE
CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL

PANDEMIC
WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section

2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session;
WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic;
WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, approved extending the emergency declaration during regularly scheduled meetings in 2020 on April 7, April 21, May 5, May 19, June 2, June 16, July 7, July 21, August 4, September 1, September 15, October 6, October 20, November 17, December 1, December 15, and in 2021 on January 19, February 2, February 16, March 2, March 16, April 6, April 20, May 4, May 18, June 1, June 15, July 20, August 3, August 17, September 7, October 5, October 19, November 2, November 16, December 7, and in 2022 on January 18, February 1, February 15, March 1, March 15, April 5, April 19, May 3, May 17, June 7, June 21, July 19, August 2, August 16, September 20, October 4, October 18, November 15 and December 6;
WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050;
WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and
WHEREAS, such the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. 4 of6 ATTACHMENT A
January 17, 2023, Item #3
Resolution No. 23-

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares:

SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVI D-19) global pandemic; and
(a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property;
(b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce;
(c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended.

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

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of January, 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of6
January 17, 2023, Item #3

PROCLAMATION
OF
LOCAL

EMERGENCY

WHEREAS,
section

2.12 .060
of
the
Poway
Municipal
Code
empowers
the
Director
of
Emergency
Services
to
proclaim
the
existence
or
threatened
existence
of
a
local
emergency
when
the
City
is
affected
or
like
ly to
be
affected
by
a
public
calamity
and
the
City
Council
is
not
in
session
;

WHEREAS,
the
City
Manager,
as
Director
of
Emergency
Services
of
the
City
of
Poway,
does
hereby
find
that
conditions
of
extreme
peril
to
the
safety
of
persons
and
property
have
arisen
within
the
City
of
Poway,
caused
by
the
Novel
Coronavirus
(COVID-19)
commencing
on
January
24 , 2020;

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

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

NOW,

THEREFORE,
IT
IS
HEREBY

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

FURTHER

PROCLAIMED
AND

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

FURTHER

PROCLAIMED
AND

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

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

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

PASSED
AND

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

Director
of
Emergency
Services
6 of6

ATTACHMENT
B
January 17, 2023, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 17, 2023
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services AO
Roger Morrison, Senior Management Analyst @
(858) 668-4581 or [email protected]

CITY COUNCIL
Agreement with HASA, Inc., for the Supply of Chemicals for the Poway Swim Center, Bid 23-005
A bid request for pool chemicals for the Poway Swim Center was issued on November 16, 2022. Two responsive bids were received. Staff is recommending award of the agreement to the lowest responsible bidder, HASA, Inc. As the cost of pool chemicals has increased and now exceeds the budgeted amount, an appropriation of $18,000 is required to award the agreement.

Recommended Action:

It is recommended the City Council approve the Agreement for Supply of Chemicals for the Poway Swim Center to HASA, Inc., authorize the City Manager to execute all necessary documents associated with the Agreement, and appropriate funds for the remainder of the fiscal year.

Discussion:

The City contracts supply and delivery of sodium hypochlorite (chlorine) and hydrochloric acid used to operate the pool. Because of the large quantities and the special delivery requirements to pump the chemicals into the large storage tanks at the pool, as well as consolidation within the pool chemicals industry, there are few companies who have the capability to provide these chemicals.

In 2018 after a competitive bidding process with two bidders, the City awarded the contract to Commercial Aquatic Services, Inc., which was subsequently acquired by The Illini Companies, Inc., and then sold to HASA, Inc. The agreement had a term of one year with up to four one-year extensions.

The agreement also allowed a Consumer Price Index-based increase in costs at each extension, not to exceed 5% annually. Based on this agreement, three extensions were executed.

Costs for pool chemicals have greatly increased across the industry due to inflation and supply chain issues, and the contractor declined the fourth extension, requesting a much higher increase. The City 1 of 8
January 17, 2023, Item #4
therefore
put
the
contract
back
out
to
bid.

The
bid
was
advertised
in
the
Poway
News
Chieftain
on
November
24 and
December
1,
2022.

Two
bids
were
received
by
December
13,
2022:

Contractor
Annual
Cost
HASA,
Inc.
$80,623.00
Waterline
Technologies,
Inc.
$94,292.00
An
additional
nonresponsive
proposal was
received
by
email
but
did
not
meet
bid
requirements.

Staff
is
recommending
award
of
the
contract
to
the
lowest
responsible
bidder,
HASA,
Inc.,
in
the
amount
of
$80,623.

The
term
is
once
again
one
year
with
four
potential
one-year
extensions
that
allow
a Consumer
Price
Index-based
increase
in
costs
at
each
extension,
not
to
exceed
5%
annually.

Because
the
cost
of
the
new
agreement
is
greater
than
the
amount
budgeted
for
FY22/23,
an
appropriation
of
$18,000
from
the
General
Fund
will
be
required
to
fund
the
chemical
purchases
for
the
rest
of
the
fiscal
year.

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

Fiscal
Impact:

The
annual
cost
of
the
agreement
based
on
estimated
chemical
use
is
$80,623.

Staff
is
recommending
the
City
Council
appropriate
$18,000
from
the
General
Fund's
Unassigned
Fund
Balance
to
the
Aquatics
Division
Budget
-
Chemicals
account
(203020-41200)
to
ensure
sufficient
budget
for
the
remainder
of
the
fiscal
year
. Sufficient
funds
are
available
for
this
request.

Public
Notification:

None. Attachment: A.

Agreement
Reviewed/
Approved
By:

Wendyl!iaserman Assistant
City
Manager
2 of8
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

January 17, 2023, Item #4
CITY
OF
POWAY
FORM
OF

CONTRACT
SALE
AND

PURCHASE
OF
GOODS
AND
MA
TE
RIALS
This
Contract,
entered
into
this
17th
day
of
January,
2023,
by
and
between
the
CITY
OF
POWAY,
a
general
law
city
and
municipal
corporation
(the
"City"),
and
HASA,
Inc.,
a
California
corporation,
(the
"Seller").

1. Sale
and
Purchase.

Seller
will
sell,
transfer
and
deliver
to
City,
and
City
will
accept
and
purchase
from
Seller
at
the
location
identified
in
Section
5,
below,
and
in
Bid
Schedule,
attached
hereto
as
Exhibit
"A"
and
made
part
hereof,
all
of
the
goods,
materials
and
other
items
in
such
quantities
as
City
may
require,
of
such
specified
sizes,
quality
and
types,
classifications,
and
minimum
order
for
each
shipment,
as
defined
by
the
Community
Services
Department,
and
as
are
identified
in
the
Bid
Schedule.

2. Term.

The
length
of
this
contract
shall
be
for
one
year
beginning
on
or
about
January
17,
2023.

The
contract
may
be
extended
annually
for
four
(4)
additional
one-year
periods
for
a
maximum
total
of
five
(5)
years.

Each
year
of
the
Contract,
the
Seller's
costs
may
be
adjusted
based
on
the
annual
change
of
the
Consumer
Price
Index
for
the
San
Diego
Carlsbad
area
from
January
1 to
December
31 of
the
previous
year.

The
CPI
shall
be
based
on
"All
Urban
Consumers",
not
to
exceed
five
(5)
percent.

The
CPI
increase
to
start
with
the
contract
renewal
in
2024,
if executed.

The
City
may
terminate
this
contract
without
cause
upon
providing
a
60-day
notice
. The
City
requires
a
90-day
written
notice
for
contractors
who
have
the
intention
not
to
renew
an
extension
or
to
exit
the
contract.

3. Price.

Seller
agrees
to
invoice
the
goods
and
services,
as
it may apply,
sold
at
the
prices
identified
in
Bid
Schedule.

Price
to
include
any
State
or
Federal
fees
e.g.

CA
Mill
assessment
fee. 4.

Payment.

The
City
shall
make
payment
within
30 days
of
receipt
of
invoice
after
delivery
of
chemical
product.

Payment
shall
be
considered
as
having
been
made
upon
the
date
such
payment
is
deposited
in
the
U.S.

Mail,
first-class
postage
pre-paid
and
addressed
to
Seller.
3 of
8 ATTACHMENT
A
January 17, 2023, Item #4

5. Delivery.

Delivery
shall
be
to
the
City
of
Poway
Swim
Center
at
13094
Civic
Center
Drive,
Poway,
CA
92064,
as
needed.

Delivery
hours
are
Monday-
Friday
from
7:30
a.m.
to
6:30
p.m.
and
per
the
requirements
of
the
bid
document.

6. Supply
and
Output
Capability
of
Seller
.

If
Seller
is
unable
for
any
reason
to
supply
City's
requirements,
Seller
shall
immediately
notify
City
and
provide
its
best
estimate
of
the
delivery
and
installation,
as
it
may
apply.

City
may,
at
its
sole
and
exclusive
option,
notify
Seller
in
writing
of
City's
decision
to
terminate
the
order
without
liability.

If the
inability
to
supply
City
with
its
needs
is
not
due
to
the
negligence
or
faults
of
Seller,
and
Seller
has
notified
City
in
writing
as
soon
as
Seller
discovers
the
circumstances
necessitating
a
revised
delivery
date,
the
termination
of
the
order
shall
not
entitle
City
to
any
damages.

7. Claims.

The
shipment
will
be
FOB
Poway,
CA
at
the
address
set
forth
in
Section
5,
above,
with
all
delivery
charges
and
claims
for
damage
in
route
are
the
responsibility
of
the
Seller
.

Evident
damage
to
any
shipment
will
be
indicated
by
a
notation,
which
will,
with
the
exception
of
concealed
damages,
be
made
by
the
carrier's
agent
on
the
delivery
receipt
before
the
receipt
is
signed
for
acceptance.

The
notation
must
clearly
specify
the
extent
of
damage.

Concealed
damage
must
be
reported
to
the
carrier
within
15 days
of
delivery.

8. Assignment
and
Delegation:

Successors.

Neither
Seller
nor
City
shall
assign
any
rights
or
delegate
any
obligations
to
the
Contract
without
express
written
approval
and
acceptance
of
the
other
party.

Any
such
assignment
or
delegation
without
express
written
approval
and
acceptance
shall
be
null
and
void.

All
terms,
conditions
and
provisions
of
this
bid
proposal
shall
inure
to
and
bind
each
of
the
parties
hereto,
and
each
of
their
successors
in
interest,
executors,
and
administrators.

9. Indemnification.

Seller
agrees
to
indemnify,
defend
by
an
attorney
of
the
City's
own
choice,
and
hold
harmless,
the
City,
and
its
elected
and
appointed
officers,
agents
and
employees
(the
"lndemnitees")
against
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses
of
whatever
nature,
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
or
allegedly
caused
by
the
City's
use
of
the
product
and
installation
services
sold
by
seller
to
City,
4 of8
January 17, 2023, Item #4
provided
that
City
has
not
altered
or
tampered
with
such
product
in
any
way
and
has
used
such
product
in
accordance
with
Seller's
or
manufacturer's
instructions
and
warnings.

If any
action
or
proceeding
is
brought
against
lndemnitees
by
reason
of
any
of
the
matters
against
which
Seller
has
agreed
to
indemnify
lndemnitees
as
provided
above,
Seller,
upon
notice
from
City,
shall
defend
lndemnitees
at
Applicant's
expense
by
counsel
acceptable
to
City,
such
acceptance
not
to
be
unreasonably
withheld.
lndemnitees
need
not
have
first
paid
for
any
of
the
matters
to
which
lndemnitees
are
entitled
to
indemnification
in
order
to
be
so
indemnified
.

The
insurance
required
to
be
maintained
by
Seller
under
Section
10 of
this
Agreement
shall
ensure
Seller's
obligations
under
this
section,
but
the
limits
of
such
insurance
shall
not
limit
the
liability
of
Seller
hereunder.

Seller
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy;
however,
if
Seller
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Seller
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Seller
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.

The
provisions
of
this
section
shall
survive
the
expiration
or
earlier
termination
of
this
Agreement.

The
provisions
of
this
section
do
not
apply
to
Claims
occurring
as
a
result
of
this
City's
sole
negligence
or
willful
acts
or
omissions
.

The
parties
agree
to
cooperate
fully
in
the
resolution
of
any
claims
for
such
liability,
loss
or
damage.

10. Seller's
Insurance.

The
City
shall
be
named
as
an
additional
insured
with
the
bidder.

Refer
to
the
Insurance
Code
of
the
State
of
California.

Evidence
shall
be
furnished
that
the
requirements
of
said
code
are
met.

Unless
specified
otherwise,
the
minimum
requirements
are
as
follows:
•
Comprehensive
General
Liability:
$1,000,000
Bodily
Injury
&
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate;
•
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
Combined
Single
Limit
coverage;
•
Workers'
Compensation
insurance:

Per
the
statutory
amount.

Each
policy
is
to
provide
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.

The
failure
of
bidder
to
provide
City
with
insurance
meeting
all
requirements
of
this
Contract
within
15 calendar
days
after
the
Award
of
Bid
shall
constitute
a
material
breach
of
the
Contract,
entitling
City
to
terminate
the
Contract.

All
bonds
and
all
insurance
shall
meet
the
following
standards.

The
issuing
5 of
8 January 17, 2023, Item #4
company:
a. Shall be an "admitted surety" or an insurance company listed by the State Insurance Commissioner; and
b. Shall have a rating in the latest Best's Rating Guide of "A-" or better and Class VI or better; or be "treasury listed" for the size of risk to be undertaken.

In the event that the company does not satisfy subsection (b) above, the City Attorney or City Manager may only approve such company if the small size of the insurance or surety obligation or other risk factor justify approval, and satisfactory evidence is produced by the company that its financial responsibility and performance capability are sufficient to insure or secure adequately the risk obligation. (See City Council Resolution 90-082.)

11. Integration.

The terms of this Contract are intended by the parties to be the final expression of our agreement with respect to such terms and also as a complete and exclusive statement of such terms. Any documents prepared and issued by City in preparation for and preliminary to the award and execution of a Purchase Order are expressly made a part of this Bid. However, in the event of any conflict between the written expressions of such prior documents and the written expressions of this document, the terms and interpretations given to the provisions of this writing shall prevail. No agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby.

12. Applicable Law.

The order shall be governed by the laws of the State of California. Any legal action brought to enforce the terms and conditions of this Agreement shall be filed in a court of competent jurisdiction with San Diego County. Seller hereby waives any right to remove any action from San Diego County as is otherwise provided in California Code of Civil Procedure Section 394. In the event any legal action is taken by either party to this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees. costs of suit and other litigation expenses, including expert witness fees, from the other party.
[Remainder of Page Left Blank Intentionally]
6 of 8
January 17, 2023, Item #4
IN

WITNESS

WHEREOF
, the
parties
hereto
have
caused
this
order
to
be
executed
by
their
respective
authorized
representatives.

SELLER:
____________
_
Company
Name
BY:
------------------Signature
of
Seller's
Authorized
Representative
PRINT
NAME:
--------------
CITY
OF
POWAY:

BY:
------------------Chris
Hazeltine,
City
Manager
Date:
-----------------
ATTEST: BY:

Date:
----------------
----------
Carrie
Gallagher,
CMC,
City
Clerk
Approved
as
to
form:

BY:

Date:
----------------
----------
A I
an
Fenstermacher,
City
Attorney
7 of
8 January 17, 2023, Item #4
8 of 8

EXHIBIT A BID SCHEDULE

SUPPLY OF CHEMICALS FOR THE POWAY SWIM CENTER,
Bid No. 23-005
(To be completed by bidder.)

CHEMICAL DESCRIPTION UNIT QUANTITY UNIT PRICE
Sodium Hypochlorite (12.5% Gallons 20,000 $ 3.09 solution) for Main Pool Hydrochloric Acid (31 % solution) for Gallons 2,000 $ 4.31 Main Pool Sodium Hypochlorite (12.5% Gallons 1,500 $ 6.45 solution) for Splash Pad Hydrochloric Acid (31% solution) for Gallons 100 $ 5.28 Splash Pad Total Price
•• All costs for delivery are to be borne by the bidder ..

TOTAL AMOUNT OF BID IN FIGURES: $ 80,623.00
TOTAL.,.
$ 61,800.00
$ 8,620.00
$ 9,675.00
$ 528.00
$ 80,623.00
------------------
TOTAL AMOUNT OF BID IN WORDS: __ ei=g_ht~y_th_o_u_s_a_nd_si_x_h_u_nd_r_e_d_a_nd_tw_e_n~ty~t_h_re_e __ _ _______________ DOLLARS and ___ z_e_r_o ______ CENTS
PRICES SHALL BE FIRM FROM DATE OF AWARD OF BID THROUGH JANUARY 16, 2024.

DEPOSIT POLICY: (Show Item for Reference) even exchange deposit policy. 53g Drums $75 DEMURRAGE POLICY: (Show Item for Reference) ______________ _ ******************************"k,l:***********"l:-ll:lnt-:t-lr*tt~******HH*~tt***¼>l:***:t-,1:*~*******tt..,._tt~** January 17, 2023, Item #4
January 17, 2023, Item #5
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

January 17, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services -/AA
Jeff Beers, Special Projects Engineer
(858) 668-4624 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the 2022-23 Citywide Striping Project; Bid No. 22-012, with Statewide Stripes, Inc., as Complete
Summary:

On June 21, 2022, the City Council awarded the contract for the 2022-23 Citywide Striping project; Bid No. 22-012 to Statewide Stripes, Inc., in the amount of $365,774.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
(1) Accept the 2022-23 Citywide Striping project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $18,288.70, if unencumbered, 45 days after City Council acceptance;
(4) Release the Merchants Bonding Company Bond for Material and Labor in the amount of $365,774.00 after the release of retention; and
(5) Retain the Merchants Bonding Company Bond for Faithful Performance for a period of one year.

Discussion:

The 2022-2023 Citywide Striping project is part of the City's Annual Pavement Management Program.

The work included replacing traffic striping, legends and markings and refreshing painted curbs within Street Maintenance Zone 5, along with refreshing existing striping and painted curbs in Zones 1, 3 and

7. Striping is refreshed every two years. The work was coordinated with the 2021-2022 Street Overlay and 2022-2023 Street Maintenance contracts.

This action accepts the 2022-23 Citywide Striping project as complete, however the contract will remain in force and open until June 30, 2023, to complete additional as-needed work. There were no change orders for this project. The final contract amount is $365,774.00. 1 of 2
January 17, 2023, Item #5
Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the 2022-23 Citywide Striping project account (ST024) for the release of retention.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 17, 2023
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services/(;<
Hector Salgado, Associate Planner
858-668-4656 or [email protected]

CITY COUNCIL
Tentative Tract Map (TTM) 22-0002; a request for approval of the first one-year time extension for a previously approved subdivision (TTM18-005) The City Council's approval of Tentative Tract Map (TTM) 18-005, known as the Crest Road Estates project, was set to expire on December 15, 2022. Prior to the expiration, the applicant requested the first one-year time extension to allow for additional time to complete the processing requirements for a Final Map. This project will be deemed expired unless the requested time extension is approved.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution (Attachment A).

Discussion:

The applicant is Bill Yen. The project site consists of two parcels totaling 1.7 acres located north of Poway Road, south of Crest Road and west of Oak Knoll Drive at 12102 and 12118 Poway Road. The properties are located in the RS-7 zone within the Very High Fire Hazard Area (VHFHA). The project location and zoning map is included as Attachment B. Each existing parcel is currently developed with a single-family home that is accessed via separate driveways off Poway Road to the south. The properties also border Crest Road to the north, but do not have driveway access from there. The project site is immediately surrounded by single-family residential properties, except to the east which is the site of Filippi's Pizza Grotto. On December 15, 2020, the City Council approved TTM 18-005, which subdivides the two parcels into six lots ranging in size from 9,400 square feet up to 11,400 square feet in net area as shown on Attachment C. No changes are proposed to the approved lot configuration.

The TTM was approved by the City Council for two years pursuant to the Poway Municipal Code (PMC), and within that time the applicant is required to process and receive approval of a Final Map from the City Council. Section 16.10.080 of the PMC allows for a total of five one-year extensions. This is the first extension request for this approved subdivision. The application for this time extension was 1 of 9
January 17, 2023, Item #6
submitted
prior
to
the
expiration
date
of
the
application
and
therefore
the
time
extension
can
be
granted. The
applicant
needs
add
itional
time
to
complete
the
Final
Map
process.

The
applicant
is
requesting
City
Council
approval
of
a
one-year
time
extension.

All
the
findings
and
Conditions
of
Approval
from
City
Council
Resolution
No
. 20-095
will
remain
in
full
force
and
effect.

The
project
will
be
requ
ired
to
comply
with
all
current
regulations
for
landscaping
and stormwater
requirements.

No
new
Cond
itions
of
Approval
are
recommended
.

With
approval
of
this
extension
request,
the
TTM
approval
will
be
extended
to
December
15 , 2023.

Environmental Review: This
time
extension
is
exempt
from
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
Section
15061
(b)(3)
of
the
CEQA
Guidelines
in
that
this
action
has
no
possibility
of
an
effect
on
the
environment.

Environmental
review
was
conducted
pu
rsuant
to
CEQA
in
conjunction
with
the
original
approval. Fiscal
Impact:

None. Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
January
5,
2023.

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

Resolution
B.

Zoning
and
Locat
ion
Map
C.

Approved
TTM
Reviewed/Approved
By
:

L_.,---
-
·
aserman
Assistant
City
Manager
2 of
9 Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
January 17, 2023, Item #6

RESOLUTION
NO
. 23-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

APPROVING

TENTATIVE
TRACT
MAP
22-0002;
THE
FIRST
TIME

EXTENSION
OF
THE

APPROVAL
FOR

TENTATIVE
TRACT
MAP
18-005,

ASSESSOR'S
PARCEL

NUMBERS
316-120-18
AND
316-120-25

WHEREAS,
on
December
15,
2020,
the
City
Council
approved
Tentative
Tract
Map
(TTM)
18-005;
a
request
to
subdivide
two
parcels
totaling

1.7 acres
into
six
single-family
residential
lots
located
at
12102
and
12118
Poway
Road,
in
the
Residential
Single
Family-7
(RS-7)
zone
(Project
hereinafter);

WHEREAS,
the
applicant
has
submitted
on
September
6,
2022,
a
request
pursuant
to
Section

16.10.080
of
the
Poway
Municipal
Code
(PMC),
for
the
first
one-year
time
extension
of
the
Project
approval
which
automatically
extends
the
expiration
date
by
60 days,
to
February
13,
2023
(Government
Code
66452.6(e));

WHEREAS,
on
January
17,
2023,
the
City
Council
held
a
duly
advertised
public
hearing
to
receive
testimony
from
the
public,
both
for
and
against,
relative
to
this
matter;
and

WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
Project,
including
the
attachments,
and
has
considered
other
evidence
presented
at
the
public
hearing.

NOW,

THEREFORE,
BE
IT

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

SECTION
1:

This
time
extension
is
exempt
from
the California
Environmental Quality
Act
(CEQA)
pursuant
to
Section
15061
(b)(3)
of
the
CEQA
Guidelines
in
that
this
action
has
no
possibility
of
an
effect
on
the environment.

Environmental
review
was
conducted
pursuant
to
CEQA
in
conjunction
with
the
original
approval
of
the
Project.

SECTION
2:

City
Council
Resolution
No.
20-095
remains
in
full
force
and
effect
except
that
a
time
extension
for
the
approval
is
hereby
granted
by
the
City
Council.

SECTION
3:

The
City
Council
hereby
approves
TIM
22-0002,
as
shown
on
the
approved
tentative
map
incorporated
herein
by
reference
and
stamped
as
"Exhibit
A"
dated
December
15,
2022
(Exhibit
A
hereinafter)
on
file
with
the
Development
Services
Department.

This
approval
includes
the
approval
of
a
first
time
extension
of
TTM
18-005
for
one
year
from
December
15,
2022,
to
December
15,
2023.

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. 3
of
9 ATTACHMENT
A
January 17, 2023, Item #6
Resolution
No.
23-
Page
2 PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
17th
day
of
January,
2023
by
the
following
vote,
to
wit:

AYES: NOES
:

ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4 of9
January 17, 2023, Item #6
• NORTH
5 of
9 City
of
Poway
Zoning/
Location
Map
Item:

TTM22-0002

ATTACHMENT
B
PC-8
CB
January 17, 2023, Item #6
I I I -I I l :
a1Er-a20-a;
1 i--,------}~ ,esa;a I ~T 1 ;&";" I T~ LLi 3HJ-azo-o, ;313-320-021 Ii --RI----Ii ~------:-· \~:-! ---·-__ f _ ___ t ___ _ _Jo_; --~, ~o _ I ____ _
,;--1----·---~'l';; fj,i~, --[' f• :J~l'Ji~ -r\-OUSl ,-H - I -:":..., .. .::. ·-'-;_~1.. -Jt t ~~-li--~~ =}~~ ~ ~
6'J/.,,_ ROLLED Cl!F.il • .DU!"' J.D:> Ntw CU.'STO. CREST ROAD ,.,:t_ STRCCT rOR STOFl\il C-UA .1.,.-:'1'(, I Df 8 t \ ~•A!LSOX ro.t TM:S -1,1 «.-----------~--WAftR PVAPOSES I ____ 't ss---.::~"" .r ~~-WATtA ~ss--A---,. ---ss-.'---,..,+--<S--+------<s,,----.-- ~6.,..,_ ..._ ', , ,;I '----.._, 0: ROULO C1JR8-~ / ~-/ 0{-c,,_"4,/, ---•---•'-it--,-'--•"----==-"-•--•--f __ _L. __ , · .. ~--,·--1 . ..,';.:::.------', ,,,> I / : _: ;-~/>:~~-" ·-· '>
-----.,,, ,_--jTg~~~ ::: -- "'~,.,_-:--, --.,.,,~ . :;i , , F r·-'>'->TW•.\ ~.,__~ -
I '"-OFSI'\ '-I 7 ., I '-I I I
31&-18D·k~ __ J ~ ~ ~l '-'-__ l ~ _ Jlc .,-1/ ~
-I
; I : , •. ',. I 'I' ~11 -1~»~<; ~ II II~~ ,..., ... _,·, ~·' 'i I'~"·'' l
,J i: 51\X ,, : ..: : '-' I 451.SlW .. ..... <( .., I ~:'"r1°":~s .. --. 2;· EAA :; _,;, ~,.u. ,: • 5 ,.. au,c sa. ,.. BCDC s.• , ,s, ···-. 1-.. , ·c,, ··-·-·-r . I ,~, ,u. ~ ~--c1~:is"sf~ l ·-i 10· -11_~;'·-
J / 451_~~ 1-~11--P.&.:>: '-51.5' :
•--, 446.0fS. !-, I
~---_,, :: : I --=~~~-n:
-·--a10::,ao-2a ~.:. W,:~CU--~I '"F"":..Viirf<--... °' ~-\f:t='"'~;~:_-::i .wi : ~/::;~~ I
:31&-320-35
POWAY ROAD ACCESS RIGHTS:

ACC~S TO !>OV,'lY ~O,lJ) roFt ;>RO;,osrn LO';"S 2,
J . .tJlO ( TO e::: ;;nmQUISHEO.

WATER METER NOTE:

L----,
a1s-1acF27
I
' I
U.CH LOT or Tll[ SUBOMSICH WlU. I!( -.-1, I ' ~ l!i~-~--a I ., I -·~""':.t R[OUIREO TO HAVE,. MIHll,IUM 1-l'IICl-i SER.1CE 1i :: :: ~ 2 i~e; -, ~tr , I I l,vt:R.ll FROM Hr SERVICE 11..\'ri 10 TH: WAn:R OLr ~tf' ----· r;---:;;:~i!¼, \ I IIITER m,re.o.:,. ~ c~c 1 o::; ' 1 :: ; vi ~ 11 ] ! PUBLIC SEINER EASEMENT _______ 1., -\f)V. --:-'2~;;=1:,e:'.2,! f/.~P:."~ n1> ~ : ,Ji S([ Sf'rn 3 rCR LAYOVT i::;i:o,,:s. ,.,...._"-_,.---------, 1' I I PERMANENTBMPDETAILS_

1.,1,TEF.4_ , -tt-1--ic'E~=¼-----;,. I ~ : ( ro.i P(Rw...N~•jf E,l.f? c:t~L!i SU SH£CT J c;:~~ls'~IT l 3 ~l -\ 1l
-;:,1.,c) UI b :--='-H--"-c-""~-CR:>SS 12,000 !r ./ I 20' J'-.:.. 1 ..,,~'_!1lr ;~~~g
----I
PROP,S'SOUNO j :3,'t>I I r-----I PAD 4420'1 C 2 ,,,.,,.✓-+ !/ I l" 111··+-C I "" """' • -s \ '(["''°"'""'"" WAU.. HOCHT ro,, 1 '\l_ ~1 _ CU!'.tx.1•,:;_,,.. ---Ir:' r=-SST--<1-+-+e-s=~ CROSS ai: ~ 1 '1 ' MATCH [)(JSIIHG I, I _ '-[1,'\~.,CP[ , 1 F .._,_,,__-L, t1.451_v51' : SB :1,1 316-180-24 .l I~--l I ' ~ 1 _P,l,tf. 4-420 I I i I I\:
tx WATCA wocRS rOA , ,. I aor1.·:. .. u BIOf'ILTRAflOM ., , ~ I , t I I , ~l~ I 1 \'-,'!I l'RC:O e~:i, PROP BUPJ _...,,,,,,,.--I I I'·~• ~fff~r?:gfil ~0
1 , \ \ y-R~m,,.not f I l 1/ \:.J"1 8[ PROl[CT[D IN Pl.AC[ r \ • .91'?. PRoP7 SOlJNO ~ I \( \l -- r--~ --1;, '----'4''--, ::,,WALL.HCJCHTTO") q 'I I , 0:2,·NcP _____ j \,~/ '~•: ;l... ~~CM D:SllNC m -., m---,..-----... .c'-, ,,✓-STONM Cf!Ac'il 'l,~i.._ I t ==-~-.i:.!5:"' ~"' 101t ,, , • '~
--.. -~-;'~~ --~ 1 1~• ~1=1:,--ilr' _ _le _[_o/1> I ,>'~ ~ ,[? ____ _ • ~~,'~~-, 1"'·-==7 ~-A~=tJg ~ --;;, I I I ~\---~~ ;#-,! :-;~~~:-4,.,.:~~ "."I ''"' 001' • _. 1 , ,7 ~~, -, '---· ~.,,J-<---.

VAULT MH--~ ,,.l)d=\ I rx.. !Pi\::,t..11(1'/1 \ ~ VT•~l'fY 00)( :!,~ 1,Y!. ,1:1 //·· I ,-EX iJICA.'ooN -fo l-o 'PROP. RETAISIH,:'.; WAU.. -EX. C1JR!I l'll£1 COHSTRUCI' SlORM--'~PROP 12· STORM I I.ICTt"l'iS ro ;c '-TO 8[ ?'ROT[CTED $;;;,0 .. ~ ~ \ 0 '2"'.8:" \ l,l[T[RS ·o 8[ ~ ~ TO WATCH (Xl511,oc S"'- --ss--~~ -coJf:t~J o.!-,®..~o -ss~Lo\C...:_ -ss ~ -+-_\~~'.t -~1 ABAN~~ ~ -ss---;s----ss----- OI. 12" R.C.P -~ VTil.. VAULTS TO I -_#7: DI WAITR ~RO? RETA.:.'INC ' ~ ,I r~OfNo/::: .... F /,7';:ECT PROP Bf. mo \la:~,olED: L► ~+-1.1~.;~0B( WAt.~~~ATCH ...... t \, ~r~d;w!~ 1 ~-~1' #. ~---~s1~ rg,_ J~J:-!Nr~L:; EX. i..::OWI ,-'\. POWAY ROAD r:f;R ~<} ___ . -;;~~ .'HE~•tn ___ -=-'-~·•'-'' _/,CQT,CRl'EC"~-------~-=--==--:~~-DJST}ns~ PER crrr or -.-~.>_,,►, 20-0 1o· 2)" co· eo·
POW~~-'::.2~ ·,t,;'-' "'••••w-; '
\DICA\'IIOl71f\l..MTW\N.~TNll'Ol71~
"I.CTIC):~/11t:a:o
c rm l
1 ~IC!,., 20 fEri
--
. --------------
',~~:lR31;"c~·
SHEET I OF 4 SHEETS
TTM 18-005

CITY OF POWAY

LEGAL DESCRIPTION
A PORTION or TH[ SOUTHWEST OUAATCR OF' THE SOUTH[A.Sf 0UAATOt Ct" S(Cil!:>t. 1.5, TO'flo'NSHIP Jc SOUTli, RANCE 2 WEST, SAN BCRPW'IOINO M(Al~:AN. !Pl T-1[ COUNTY OF SAN Ol[CO, STATE or CALIFORNIA

GENERAL NOTES
G.;.oss "-~~ 1.660 ACfltS
'-CT ARV,: I.J\l4 ...CR£S
EXISTING ZONING: RS-7
PRO?OStO ZONING; RS-7
iOT~ NO C"' LOTS: l!i R(SIDCNTIA!.
l!,£RE AR( NO SP[CIAL ASstSSI.IEHT ACT PROC[tDIUCS PROPOSED .

FIJl:K r::rs w !.t. BE PA.'0 1H ucu or DEOICATION,
U,.,•O USE SHALL CONroRt.l TO RS-7 ZOH:NC.
•.tX.'11.!t.l PARCEl. SIZE IS 4.500 S0CAR( F!ET NCT.
mrs-1 c;.~s »-.o O.M£NSICJNS SHOWN Hal[ON ARC NOT Fl,W. AUO ARE SU6!!':CT TO lilOOlflCATION IN ll-1£ flt,W. OCSICN.
£,I.CH LOT HAS AT I.DST 100 SO.ff. Of U'-OIS'l'UR!:CD ACCfSS TO SU•llit.HT cm ri-1[ OlJ!UWltE PORTION or TI-i[ LOT.

U7IUTI;:S: Sl'W[R: CITY or POWAY
W""T[R: CfTY Of POffAY
GAS 6: El.CCTRIC: SAN OIECO CAS 6: filCTRJC T[!.(PIIO'-C:AT,kl n;:: PROT£C1l0),,. CrTY or PO#AY
S(:H0:)l.S: POWAY UNIFlm SCHOOL DISTRICT
.1.$5::SSOA"S PA.~CEl NUt.lO(R; J1s-120-1a 6: 25

EXISTING EASEMENTS
00§1 PIJ!IUC UTIUlY EASOIENT 10 SA,1-1 Dt[GO C:,.S &: [L£CTR1C COMPANY PER 9K '100. PG 491 REC'D 5-\6-1951. t+OT IIITTHIN SUBJECT PARCa:L SOUNOAAY.
00!2 PUBLIC VTIUTY [AS(MtHf TO s...N DICCO GAS 6: El!CTRiC COMPANY ?£~ -.:sr. NO. 73-23-4327 REC'D 8-21-1973
OOfj SO.ND W-'LL USEt.lENT 10 CHY or PONAY P(R INST. HO. li•t-0651720 RCC"O 12-17-1;91
001~ so•.NO 114!..l CASOIENT to CITY Cl" PCHl""Y PER INST. HO. "\i9t-C651725 RCC'O 12-17-19111

FIRE HYDRANT DISTANCE NOTE
;;..,: O"STANC[S f'ROt.l THE EXISTINC f"IR£ !-M>RAH1 LOCATtO ON CREST ;.~ ernt:EN N't,I Jll!i-JZO-Ol A.'10 APN l16-l20-04 TO THE Pet:OPOSEO 8UJU>INC Dl'if:LOPE ON CACH LOT ARE AS f'OU.OW:
175 ;rr; TO LOT I
25i rtTI TO LOT 2
252 =t:IT 10 LOT J
~~5 f£CT TO LOT 4
1JJ t!"IT TO LOT 5
175 f'tLI TO LOT G

EARTHWORK
::1c.1.vAno~~= J,625 c.v.
~\l:l.:..'f..;>,t;:t1T: J,575 C.Y.
(X.'°ORT: :,0 C.Y.

TOPOGRAPHY INFORMATION
10"'0G'W'HY Su~ BY SIU YEN 6: ASSOCIATtS. INC. ~Tt or SURvn': ~-20-201e. u
1-
z w
:E :::c u
<(
I-
~

EXHIBIT A
VlCINITY MAP
NOT TO S::ALE
PREPARED FOR:
!'RO-Tl~C. LLC
CIIRISTAIN C. I.IN-BURNS & JOANNE LIN
IJIOOIWtKHAM WAY.SUlll;::r;?OJ
POWAY,l"A•l:064
Pt!O~E: 1816J;0-'·0808
PREPARED BY:
1 'i~ OILL YEN&. ASSOCIATES. INC'.

O
O 'J rl\'11 I ¼l'!U:RINt; · !,l,11\'EYll<lo ~ltt:c M A"-NING 1)011 /•)\\ .\\" ROAi). l'OW.\Y.C" .\ ~151~
\l~llfl'"<l-!lcllO [MAIL:l,;11).....,"-",.ln,!p!WI..-.- .A./~ ?'m s12112ow
\\~u.t,:..v YEN. RCqi,7JO Di.TE
APPLIC/,~ ,•.1;0
Af'?.tO'•:,lDAT[ =---1=
□ C;lYSOi,.f.~IL
□ Di:',' SEr;:1CES Dlq£C"IOR
PLANNER SIG'.lATU~;.

1.0 W01719
~l6•frJS
January 17, 2023, Item #6
SHEET 2 OF 4 SHEETS
il
i ,-, I
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-ss---:--~-~ -ss---ss--
,...-: ~ss----
TTM 18-005

CITY OF POWAY
i=IRE SETBACK NOTES
CP.!ST RCAD nl0N1-'CE, LOTS 1, 5 AHO 15:
&J' .. 1!l' r.::.o,r YARO SCTB,,CK -+ 4!,' AC PA'ltO CRCST ROAD ANO SIDEWALK ::co·~•AY ROJ.D FRONTACC. LOTS 2, J ANO 4:
110' • 20' REAR YAAO SCTSACK -+ 90' At:. PAVCO PC/WAY ROAD AND 51~£\IIAU< CO\IUO!<ol LOT LINES 9E1WEEH LOTS 2 .!r 3, J .!r 4 AND 5 &: II:
lu' Siu[ S[T3,1,CI(
'to"fST SIDE LOT 4 "-°'O 5;
~• • 10' SIOC YARO SCTY,CK t 24' AC PAVED O~AY FOR APNS J1!i-1eo-2,. 31&-1so-21. J1e-1et1-2s AHO J1e-1eo-2g
::.:.Si SlOE LOTS 1 A.,.D 2:
!O' '" 20· Slot YArlO SCTOACi( -+ 10' ORE WAl..L ON APN 316-320-35 $CUtH SIOi: LOTS 1, 5 AHO 6:

JCI' ;:~ YA.RO SCT6,1r,CK
p,.o:ji-,WCST SIDE LOT 2.
!i' • l!l' ~t.1 YARD SET8ACK + 71' PROPOSED M; PAVED CUL-DE-SAC r;c~Hf.AST Slot or LOT J:
?;' "' 18' rROtlT YN'O SETB,l,CI( + 71' PROPOSED IC. PAVED CVl-OE-5,1,,C t,O'<Tli SK>E LOiS 2 N-1O 3:
:,O' SID£ YARD SITa,lr,CI<
:.O'iTH SOC LOT '<
Jo·s,o:v~sCTBACK
STREET TREES NOTE:

A IJllllt.lL!I.! c;; (:S:'. Siil!;;i iR!:E 5;,,r,LU EE
"ROVootD re" ~-i c~ fr:'. lO'IS "'1.0NG
:RESTROA:1.

TREES TO REMAIN
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W01719
January 17, 2023, Item #6
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January 17, 2023, Item #6
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SHEET 4 OF 4 SHEETS
TTM 18-005

CITY OF POWAY

FIRE DEPARTMENT NOTES

1. THIS Pi,OJi:CT 15 LOCATEO 'NITHJH lHE 1/ERY HICH flRC KAZARD "-~EA Of n-tE CITY ANO IS Ntw co+ISTRUCTION; T"HERtrORE, CA!..JfORNIA i!\JIU)IM~ COOC Ci-v.PlUI 7A AHO POWAY UUNICIPAL. COOE 1~.24 Y,1lL AF-'LY

2. >,U F\A',IM.l.Ol[ YECETATION WITHJN THC AP!>~ f\J(L
\10:} FIC,\TIOM ZON( OF" A PARCEL SITE SklU, DC R[wovro PftlOR TO fl-,~ AAIWN... OF" COMBUSTIBI.L t.&ATOIIAI.. ON T"HE PAAetL Silt: ANO S11A.!.1 9E I.IAINTAJN:tl OURIMG TM£ OURATIOH OF TH[ PROJtCT UN'lll ALL fLEV[fflS Of APPROVED flJ[L I.IOOIF'"ICATION ZONtS AA[ !t.'ST.t.U.C!:: A.-,0 APPROI/EO.

J. FlRE M'PAR.\TUS ACCESS ROADS SKAL.l. HA.VI: AN UNOOSTRUCTED. 11,1::;;o-..-m WIDTH Of' NOT lLSS tHAN 20 rcrr. DIC(PT
5L'IC!.!-f',o.\l:t..Y R£51DEH'T'.AL ORl'IIEWAYS SERI/INC NO MOR! THAN TWO Lv.=.:c,vro P>RCElS COMlAJNIHG OWE.U.JNC UNITS SMALL KAVE A ll.!•111.t!J Cf 1G rccr O!'" UNOastRUCTCO lt.lPROV£O 'NlDTH. JN l,IOST U.S;;S. THE CIT!' OF POWAY CONSJRUCllOH STAHDAADS FCR SlR[[TS """"
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•ccr.ss ROol.D S>W..L B£ A WINll,IUl,I or 28 ra:T AS MU.SURED TO n-;: l!..'"5.DE [DC[ or n-t( IMPR()YOl(Nf WIO™ on AS N"'PRQVEO !ti' n-;; ;i;;,;: cooc orncw....
~-r;.:: CAAO\£NT FOR A FIRE APPARATUS ACCESS ROAO'NAY SHALL 1;or £XC£(0 20 P[RC[MT. CRAOES 0:Ctto!NC 15 PCRCENT (INCUt.E" OR O[CLr.,,"[) SHALL et CONS"mUCTED or PORTLANO c:om./1' CCN~ITE {"CC), Wffii A DE[P OROOM nHISfl P(RP[NCICUI..AR lO 1;.;; U '<[CnON Of TRAl/£l. OR EOOIVN...OIT, TO ENHANCE TRACTION.

Th;: ;ii:;:[ COO( OrFIClll.1. IJAY R[QUIR[ .IJ;)OffiONAL M~TION IJ~~[S .... -tiERE kE OR SH( OCDIS APPROPRIATE.

5. r;.._:: .i..·/Ct£ er OCPARrtJRE NIO Oi[ ANCL£ OF A.C>f">RO,I.CH Of A n;,:;: ACCESS RQ.l.!)'t,"AY SHAU NOT [XC[tO SE\0/ OCCR[(S (12 P[RCUH) oa:. ,l,.S .1,;>PffOY[O BY TI-4[ nRE C(l()[ OfTICIAL All 0~0-,-!) n_:.;;; J.CCESS ROADS IN 0:CCSS Of" 1!>0 f'[[T IN I.ENCTH s;-a.1,u 3::: FROVID;;D WITH APPRO\ltO PRCMSIONS TI'-'T A!J.J:llt [V[RCL'-lcY .iJ'PA.RATUS TO TVRN JJIOUNO. A eut.-0£-SAC SHAU. 3£ ?RCMOcr> L'-1 RtSJOENTW.. AREAS WHOIE TI-4£ ACCESS RO.\OWAY SERVES wo;!:( THA.'I TWO smucTURCS. TII[ MINIMUM. UN08STRUCTED PAVED R,t,C;;Js mm FOR A CUL-DE-SAC SI-W.L 8( J,!1 rca IN Rtsl~~-.'TI>t JJlr..t.s.

6. BUJ..DINCS A\0 STRUC1URES LOCAltO wnttlN A WIL.Ol.ANO-URBAN INTERrA...'"t: f'.RL AiH'.A SH,IU 0[ SETBACK A l,IJt,IIMUW OF JO f[[T FROM PROPERTY USES AA."0 BiOLOCtCA!. OPOI SPACC CASEMENTS l.lN'SSS T\1£ POWAY MUNICIPAL C00E R[OUIA(S A CRCATER LUNIWUW. '1',,;[N THE PROF~ UN[ "'8UTS A ROADWAY, THC SCT6,t0< Sl-'.JJ..l. er: 1.1£.1,StJR!:D F":01.1 n+c !ARTHEST RONMA.Y [OCC.

7. -;-;.;: ?RO.!£CT Sl-iAU. COUP\.Y WITH stCOON Silt: or TH[ CrTY er ?O"IIA""! !.A.\050,.r~ AND IRRIGATION DESIC.'f MAN\.W. AHO PCYNAY !Jt''iCU:'A!. cti:-E 15.24 AS IT RELATES TO F\.l[L liUiHACO,t[KT AND Oif"ENS:::La: s=-•c~ Qt;( HIJNOR[D F!tT or nm. liWIAG[MD{J co-:sisr,s~ or 40 rccr er ZONE " ANO &0 rtET or ?OH£ e. 1s n~c1.r::;.:.o run. UODIFlCAT'.QN lONCS SHALL Dt MEASURCO FROM n,t rncrs or TI1( PARCU r>AD. TtN f'[[T or vt:CETATIOH f\JEL IJ001=-lCA71Q._ SH.I.LL D( WJKTAJN[O OH 80TH SlOts Of ,1,1,1.

OR;vr'fl".\~S. ROADWAYS THAT AR[ NOT Al.REA.DY ....,,.HIN A F\.l(L IJ.&..'ll.~;:vu ... 'T lONC. t.llTICATlOH IS R[OUIR[D Wl-l[N 100 fLET IS NOT .:.cn·rv:.o "IDllN ?AAC(L LIMITS.
j,-"£ L!5S TMAN 100 f"Etr SHAU. BE "'ITICAT!O 8Y THE 0:ISTI~ orvnc=M:.NT SVRROUt.00..C TH[ PROPOSCO l"ROJ[CT ANO A!.1. ARtAS \\,T;,,,J{ :;;OJ[CT, ANO WITHIN U.CII PARCEL, SHAU. MEET ZOHC A P.£0\,l.~f:.\IDliS.

S. ;:-:. lANOSCAPC Pl.NI REOUlAES A S(J)AllATE l.AN!)SCA.P[ A,NO l:t.=i".~TIC~ PLANS SV8\IITTAI.. PRCPARtO PURSUANT TO TM( OTY OF ;,o,,.,.y l.ANOSCAPC AND IRRIGATIOH OCSICtl lolANWrl R£QU1RE.MOOS. •-~£ !S A S[PAAATC rec roA TI-IIS Pl.AN Cll(C;c: ANO INSPECTION 5;:.~,c~. T11E APPUCAHT SHALL SUDI.IIT ANO RECEIVt SICH£D J.r?RO\'.\L or LA'fOSCAPC ANO IRRIGAflOH Pl..>.NS PRIOR TO 1SSlLlHCE Oi"T'--"::SUUl'.NGPER\IIT.
l l. ~ LOT o:c THE SU80MS10N WILL BE RtOUIREO TO HA.VI: A M.',\!l.'V 1-INCH SERVICE LATERAL fROI,( n+C SE~ I.WN TO TH[ 't,~E= V.IT<'..A.

PREPARED FOR:

PRO-TEC. LI.C
CllRISTAII\" C. LIN-HURNS & JOANNE I.IN
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PO\\AY.C,\42064
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'I.D;TCl:flj/17/:aJO
January 17, 2023, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
January 17, 2023
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk t_/~
(858) 668-4435 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance 859 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code (PMC) Title 15, Adopting by Reference the 2022 California Building Standards Codes, with Local Amendments"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on December 6, 2022. There were no speakers. Due to the fact Ordinance 859 adopts secondary codes into the Poway Municipal Code by reference, unlike most second readings of ordinances, the second reading must occur at a public hearing pursuant to Government Code section 50022.3.

The Ordinance is now presented at a public hearing, properly noticed pursuant to Government Code section 6066, for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

LEONARD, FRANK, GROSCH, MULLIN, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council take public input, close the public hearing and adopt Ordinance No. 859.

Environmental Review:

None.

Fiscal Impact:

None with the adoption of the code amendments.
1 of 35
January 17, 2023, Item #7
Public
Notification:

An
ordinance
summary
notice
was
published
in
the
Poway
News
Chieftain
on
Thursday,
December
15,
2022.

A
certified
copy
of
this
Ordinance
will
also
be
posted
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
section
36933.

Attachments: A.

Ordinance
No.
859
Reviewed/Approved
By:

Assistant
City
Manager
2 of35
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chrflllv
City
Manager
January 17, 2023, Item #7

ORDINANCE
NO.
859
AN

ORDINANCE
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

AMENDING
POWAY

MUNICIPAL
CODE
(PMC)
TITLE
15,

ADOPTING
BY

REFERENCE
THE
2022

CALIFORNIA

BUILDING

STANDARDS
CODES,
WITH
LOCAL

AMENDMENTS

WHEREAS,
On
December
3,
2019,
the
City
Council
adopted
the
2019
Edition
of
the
California
Building
Standards
Codes,
including
the
introduction
of
a
centralized
California
Fire
Code.

These
codes,
which
are
adopted
by
reference,
have
recently
been
replaced
by
the
2022
Edition
of
the
California
Building
Standards
Code
.

This
Ordinance
amends
Chapter
15 .02
(Administrative
Code),
15 .04
(Building
Code)
, 15
.08
(Electr
ical
Code),
15 .10
(Residential
Code),

15.12 (Plumbing
Code),

15.16 (Mechanical
Code),
15 .18
(Energy
Code),
15 .19
(Historical
Building
Code),
15 .21
(Existing
Building
Code)
, 15
.22
(Green
Building
Code),

15.23 (Referenced
Standards
Code),
and

15.24 (Fire
Code)
of
the
Poway
Municipal
Code
(PMC).

The
2022
Edition
codes
will
go
into
effect
on
January
1,
2023
.

The
California
Building
Standards
Commission
published
the
2022
California
Building
Standards
Code
which
is
based
on
the
2021
International
Building
Code,
the
2021
International
Residential
Code,
the
2021
International
Existing
Buildings
Code
, the
2021
International
Fire
Code
, the
2021
Uniform
Plumbing
Code,
the
2021
Uniform
Mechanical
Code,
and
the
2020
National
Electrical
Code.

The
purpose
of
this
Ordinance
is
to
update
the
PMC
to
the
current
State
-mandated
code
edition
and
to
incorporate
local
amendments
which
address
the
City
's
specific
needs
based
upon
zoning
regulations
and
unique
climate,
topography
, and
geography;

WHEREAS,
the
City
Council
of
the
City
of
Poway
finds
that
the
City
of
Poway
has
certain
climatic,
geographic
, and
topographic
features
that
can
have
a
deleterious
effect
on
emergency
services
such
as
fire
protection
and
emergency
medical
services
;

WHEREAS
, the
City
Council
of
the
City
of
Poway
finds
that
the
modifications
and
changes
to
the
2022
California
Fire
Code
are
reasonably
necessary
because
of
the
local
climatic,
geographical,
and
topographical
conditions
incorporated
by
reference
herein
as
Exhibit
A;

WHEREAS
, certain
amendments
to
the
2022
California
Fire
Code
are
necessary
to
mitigate
said
deleterious
effects
to
the
extent
possible
;

WHEREAS
, California
Health
and
Safety
Code
Section
17958
requires
that
jurisdictions
adopt
building
regulations
that
are
substantially
the
same
as
those
adopted
by
the
California
Building
Standards
Commission;
and
contained
in
the
California
Building
Standards
Code;

WHEREAS,
Sections
50022.1
through
50022.10,
inclusive,
of
the
California
Government
Code
provide
authority
for
cities
to
adopt
state
codes,
or
portions
of
state
codes,
by
reference;

WHEREAS
, code
amendments
adopted
by
the
State
of
California
shall
take
precedence
over
the
2021
International
Fire
Code
language
. The
2021
Internat
ional
Fire
Code
language
shall
be
used
for
those
code
sections
not
adopted
by
the
State;
3 of
35 January 17, 2023, Item #7
Ordinance
No
. 859
Page
2 WHEREAS,
local
amendments
adopted
by
the
City
of
Poway
shall
take
precedence
over
both
the
2021
International
Fire
Code
and
2022
California
Fire
Code
provisions;

WHEREAS,
and
on
December
6, 2022
, the
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public
, both
for
and
against,
relative
to
this
Ordinance;
and

WHEREAS,
the
City
Council
has
read
and
considered
the
agenda
report
for
the
proposed
project
and
has
considered
other
evidence
presented
at
the
public
hearing.

NOW,

THEREFORE,
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY
DOES
ORDAIN
AS
FOLLOWS:

SECTION
1: The
above
recitations
are
true
and
correct.

SECTION
2: The
City
Council
finds
that
local
climatic;
geographical
and
topographical
conditions,
including
the
terrain;
high
summer
month
temperatures;
population
growth
rate
;
housing
and
occupancy
conditions
and
needs
; and
the
environment
existing
in
the
City
of
Poway
constitute
conditions
which
require
that
the
California
Building
Standards
Code
be
modified
as
set
forth
herein
.

SECTION
3: The
City
Council
hereby
approves
this
ordinance
and
amends
certain
sections
of
the
PMC
as
specified
below.

Removals
are
indicated
with
strikethroughs
and
additions
are
indicated
with
underline.

SECTION
4: This
project
is
exempt
from
the
provisions
of
the
California
Environmental
Quality
Act
(CEQA)
pursuant
to
CEQA
Guidelines
Section
15061
(b)(3)
in
that
it
entails
the
adoption
of
State-mandated
Building
Codes
, with
minor
amendments,
and
there
is
no
poss
ibility
that
this
activity
will
have
an
effect
on
the
environment.

SECTION
5: Chapters

15.02,

15.04 , 15
.08,

15.10, 15.12,
15 .16,

15.18,

15.19,

15.21,

15.22, 15.23,
and
15 .24,
of
the
PMC
shall
be
amended
as
follows
[entire
Chapter
is
shown]:

Chapter 15.02

ADMINISTRATIVE
CODE
Sections
: 15.02
.010
Adoption
of
the
California
Administrative
Code
, Part
1, Title
24 of
the
California
Code
of
Regulations.

15.02 .010
Adoption
of
the
California
Administrative
Code,
Part
1,
Title
24 of
the
California
Code
of
Regulations
. There
is
hereby
adopted
and
incorporated
by
reference
herein
that
certain
document
known
as
the
California
Administrative
Code
,
Part
1,
Title
24 of
the
~2022
California
Code
of
Regulations,
published
by
the
California
Building
Standards
Commission
. Said
document
is
adopted
without
change
for
the
purpose
of
establishing
the
administration,
organization
, and
enforcement
of
rules
and
regulations
for
the
~2022
California
Code
of
Regulations
adopted
by
the
City
. All
provisions
of
the
California
Administrative
Code,
4 of35
January 17, 2023, Item #7
Ordinance
No
. 859
Page
3 2-0492022
Edition,
are
referred
to,
adopted
and
made
a
part
of
this
code,
as
though
fully
set
forth
herein. Sections
:

15.04.010 Regulations. 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 Chapter

15.04 BUILDING CODE
Adoption
of
the
California
Building
Code,
Part
2,
Title
24 of
the
California
Code
of
Findings. Deletions,
revisions,
and
additions
to
the
2-0492022
California
Building
Code.

Section
105.2
amended.

Table
1505.1
amended.

Appendices
C,
H
and
I adopted
.

15.04 .010
Adoption
of
the
California
Building
Code,
Part
2,
Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City
Building
Code,
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
for
the
erection,
construction,
enlargement,
alteration,
repair,
moving,
removal,
conversion,
demolition,
occupancy,
equipment,
use,
height,
area,
and
maintenance
of
buildings
and
structures,
the
2-0492022
California
Building
Code,
Part
2,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
California
Building
Standards
Code,
as
defined
in
the
California
State
Health
and
Safety
Code
Section
18901
et
seq.
which
is
based
on
the
International
Building
Code,
~2021
Edition,
including
those
appendix
chapters
adopted
by
this
chapter
.

Except
as
otherwise
provided
by
this
chapter
and
Chapter

15.02 PMC,
all
erection,
construction
, enlargement,
alteration,
repair,
moving,
removal,
conversion,
demolition,
occupancy,
equipment,
use
, height,
area
and
maintenance
of
buildings
and
structures
within
the
City
of
Poway
shall
be
in
conformance
with
the
2-0-4-92022
California
Building
Code,
published
by
the
California
Building
Standards
Commission,
which
is
based
on
the
International
Building
Code,
~2021
Edition,
and
the
adopted
appendix
chapters,
published
by
the
International
Code
Council,
4051
West
Flossmoor
Road,
Country
Club
Hills,
IL
60478.

15.04.020
Findings.

The
City
of
Poway
has
many
large
brush-covered
hillsides.

The
City
is
subject
to
frequent
Santa
Ana
conditions
consisting
of
dry
gusting
winds,
which
create
extreme
fire
dangers.

The
City
Council
specifically
finds
that
these
geographic
and
topographic
conditions
necessitate
greater
fire
protection
than
that
provided
by
the
2-0492022
California
Building
Code.

Therefore,
this
chapter
alters
the
International
Building
Code,
~2021
Edition,
to
require
more
fire-retardant
roof
coverings
.

15.04.030
Deletions,
revisions
and
additions
to
the
2-0492022
California
Building
Code
.

Deletions,
revisions
and
additions
to
the
2-0-4-92022
California
Building
Code
shall
be
as
set
forth
in
PMC

15.04.040
through

15.04.060.
15 .04.040
Section
105.2
amended
.

Section
105.2,
exemption
2,
of
the
2G4-92022
California
Building
Code
is
amended
to
read
as
follows:
5 of35
105
.2
Work
Exempt
from
Permit.

Building
: 1.

One-story
detached
accessory
structures
used
as
tool
and
storage
sheds,
playhouses,
and
similar
uses,
provided
that
the
floor
area
does
January 17, 2023, Item #7
Ordinance
No.
859
Page
4 not
exceed
120
square
feet
(11
.15
m
2),
except
that
a
permit
is
required
for
any
structure
located
in
the
Very
High
Fire
Hazard
Zone.

2. Fences
not
over
6 feet
(1,829
mm)
high.

15.04 .050
Table 1505
.1 Amended.

Table
1505
.1 of
the
204-92022
California
Building
Code
is
amended
to
read
as
follows
:

IA
18 A
A
TABLE
1505.1

MINIMUM
ROOF

COVERING

CLASSIFICATION
FOR
TYPES
OF

CONSTRUCTION
IIA
118
IIIA
1118
IV
A A A
A A
VA
VB
A
A

15.04 .060
Appendices
C,
H
and
I adopted.

Appendices*
Chapters
C,
H
and
I of
the
204-92022
California
Building
Code,
are
adopted. Chapter

15.08 ELECTRICAL
CODE
Sections:

15.08 .010
Adoption
of
the
California
Electrical
Code,
Part
3,
Title
24 of
the
California
Code
of
Regulations.

15.08 .01
0 Adoption
of
the
California
Electrical
Code,
Part
3, Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City
Electrical
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
for
the
installation,
alteration
or
repair
of
electrical
systems
and
permit
requirements
and
inspection
thereof,
the
~2022
California
Electrical
Code,
Part
3,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
California
Building
Standards
Code,
which
is
based
on
the
National
Electrical
Code,
~2020
Edition.

Except
as
otherwise
provided
by
this
Chapter
and
Chapter
15 .02
of
the
City
of
Poway
Municipal
Code,
all
installation,
alteration
or
repair
of
electrical
systems
within
the
City
of
Poway
shall
be
in
conformance
with
the
~2022
California
Electrical
Code,
published
by
the
California
Building
Standards
Commission,
which
is
based
on
the
National
Electrical
Code,
~2020
Edition,
published
by
the
National
Fire
Protection
Association,
Battery
March
Park,
Quincy,
Massachusetts,
02269.

Sections: 15.10
.010
15 .10.020
15 .10.030

15.10.040 15.10.050 6
of35
Chapter

15.10 RESIDENTIAL
CODE
Adoption
of
the
California
Residential
Code,
Part

2.5,
Title
24 of
the
California
Code
of
Regulations.

Findings. Deletions,
revisions
and
additions.

Section
R105
.2
amended.

Section
R902
.1.2,3-
amended
.

January 17, 2023, Item #7
Ordinance
No.
859
Page
5 15.10
.060
Appendices*
AH,
AX,
and
AZ
-19-adopted
.
15 .10.010
Adoption
of
the
California
Residential
Code,
Part

2.5,
Title
24 of
the
California
Code
of
Regulations
. There
is
adopted
and
incorporated
by
reference
herein
as
City
Residential
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
, for
the
construction
,
alteration
or
repair
of
use
and
occupancy,
location
and
maintenance
of
detached
one-
and
two
family
dwellings
and
townhouses
not
more
than
three
stories
above
grade
plane
and
permit
requirements
and
inspection
thereof,
2-G-t-92022
California
Residential
Code
, Part

2.5,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
California
Building
Standards
Code
published
by
the
California
Building
Standards
Commission
which
is
based
on
the
International
Residential
Code
published
by
the
International
Code
Council,
4051
West
Flossmoor
Road,
Country
Club
Hills,
IL
60478. 15
.10.020
Findings.

The
City
of
Poway
has
many
large
brush-covered
hillsides.

The
City
is
subject
to
frequent
Santa
Ana
conditions
consisting
of
dry
gusting
winds,
which
create
extreme
fire
dangers.

The
City
Council
specifically
finds
that
these
geographic
and
topographic
conditions
necessitate
greater
fire
protection
than
that
provided
by
the
2-G-t-92022
California
Residential
Code.

Therefore
, this
chapter
alters
the
California
Residential
Code
to
require
more
fire-retardant
roof
coverings.
15 .10.030
Deletions
, r
evisions
and
additions
. Deletions
, revis
ions
and
additions
to
the
2-G-t-92022
California
Residential
Code
shall
be
as
set
forth
in
PMC
15 .10.040
through
15 .10.060.
15 .10
.040
Section
R105.2
amended
. Section
R105.2,
exemption
2, of
the
2G4-92022
California
Residential
Code
is
amended
to
read
as
follows
:

R105
.2
Work
Exempt
from
Permit.

Building
: .1.

Other
than
storm
shelters,
one-story
detached
accessory
structures,
provided that
the
floor
area
does
not
exceed
120
square
feet
(11.15m
2),
except
that
a
permit
is
required
for
any
structure
located
in
the
Very
High
Fire
Hazard
Zone.

2. Fences
not
over 6
feet
(1
,829
mm)
high
.
15 .10.050
Section
R902.1.ii
amended
. Section
R902.1
.ii
of
the
Californ
ia
Residential
Code
is
amended
to
read
as
follows:

R902
.1 .ii
Roof
coverings
in
all
other
areas
. The
entire
roof
covering
of
every
existing
structure
where
more
than
50 percent
of
the
total
roof
area
is
replaced
within
any
one
year period
, the
entire
roof
covering
of
every
new
structure
, and
any
roof
covering
applied
in
the
alteration,
repair
or
replacement
of
the
roof
of
every
existing
structure
, shall
be
a
fire
-retardant
roof
covering
that
is
at
least
Class
A.

15.10.060
Appendices*
AH,
AX
and
AZ
Ft-adopted.

Appendices*
AH,
AX and
AZ
Ft-of
the
2-0492022
California
Residential
Code
is
adopted
.
7 of35
January 17, 2023, Item #7
Sections:

15.12.010

15.12.020
Chapter 15.12

PLUMBING CODE
Ordinance No. 859

Page 6 ends

Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations.

Appendices G and I adopted.

15.12.010 Adoption of the California Plumbing Code, Part 5, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Plumbing Code for the purpose of prescribing regulations in the City of Poway for the construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment in or on any building or structure or outdoors on any premises or property, the ~2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Plumbing Code, ~2021 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all construction, alteration, moving, demolition, repair and use of all plumbing, gas or drainage piping and systems or water heating or treating equipment within the City of Poway shall be in conformance with the ~2022 California Plumbing Code published by the California Building Standards Commission which is based on the Uniform Plumbing Code, 2Q..:t..g2021 Edition, published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825.

15.12.020 Appendices G and I Adopted. Appendices G and I of the California Plumbing Code are adopted.

Chapter 15.16

MECHANICAL CODE
Sections:

15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations.

15.16.010 Adoption of the California Mechanical Code, Part 4, Title 24 of the California Code of Regulations. There is adopted and incorporated by reference herein as the City Mechanical Code for the purpose of prescribing regulations in the City of Poway for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances, the 204-92022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code, Section 18901 et seq. which is based on the Uniform Mechanical Code, 2Q..:t..g2021 Edition. Except as otherwise provided by this Chapter and Chapter 15.02 of the City of Poway Municipal Code, all erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat producing appliances shall be in conformance with ~2022 California Mechanical Code, published by the California Building Standards Commission and any rules and regulations promulgated pursuant thereto.
8 of35
January 17, 2023, Item #7
Sections: 15.18
.010
Chapter

15.18 ENERGY
CODE
Ordinance
No
. 859
Page
7 Adoption
of
the
California
Energy
Code,
Part
6,
Title
24 of
the
California
Code
of
Regulations
.
15 .18
.010
Adoption
of
the
California
Energy
Code
, Part
6, Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City
Energy
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
for
the
conservation
of
energy
the
~2022
California
Energy
Code,
Part
6, Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
California
Building
Standards
Code,
as
defined
in
the
California
Health
and
Safety
Code,
Section
18901
et
seq.
and
the
California
Energy
Code,
~2022
Edition
.

Except
as
otherwise
provided
by
this
Chapter
and
Chapter
15 .02
of
the
City
of
Poway
Municipal
Code
, all
construction
of
buildings
where
energy will
be
utilized
shall
be
in
conformance
with
the
2G492022
California
Energy
Code
and
any
rules
and
regulations
promulgated
pursuant
thereto,
includ
ing
the
California
Energy
Code,
2G492022
Edition
, published
by
the
California
Energy
Commission
.

Sections: 15
.19.010
Chapter
15 .19

HISTORICAL

BUILDING
CODE
Adoption
of
the
2G492022
California
Historical
Building
Code
, Part
8,
Title
24 of
the
Cal
ifornia
Code
of
Regulations
.
15 .19
.010
Adoption
of
the
2G492022
California
Historical
Building
Code,
Part
8,
Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City's
Historical
Building
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
to
provide
alternative
building
regulations
for
the
rehabilitation,
preservation,
restoration,
or
relocation
of
designated
historic
buildings,
the
~2022
California
Historical
Building
Code
, Part
8,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
~2022
California
Building
Standards
Code
, as
defined
in
the
California
Health
and
Safety
Code
, Section
18901
et
seq.
(authorized
by
Health
and
Safety
Code
Sections
18950
through
18961).

Sections: 15.21.010
Chapter

15.21 EXISTING

BUILDING
CODE
Adoption
of
the
2G492022
California
Existing
Building
Code,
Part
10,
Title
24 of
the
California
Code
of
Regulations
.

15.21 .01
O
Adoption
of
the
~2022
California
Existing
Building
Code,
Part
10,
Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City's
Existing
Building
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
to
provide
alternative
building
regulations
for
the
rehabilitation
,
preservation,
restoration
,
or
relocation
of
existing
buildings,
the
~2022
California
Existing
Building
Code,
Part
10,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
~2022
California
Building
Standards
9 of35
January 17, 2023, Item #7
Ordinance
No
. 859
Page
8 Code,
as
defined
in
the
California
Health
and
Safety
Code,
Section
18901
et
seq,
which
is
based
on
the
2Q.4.g2021
International
Existing
Buildings
Code.

Chapter

15.22 GREEN

BUILDING

STANDARDS
CODE
Sections: 15.22.010
Adoption
of
the
California
Green
Building
Standards
Code
, Part
11,
Title
24 of
the
California
Code
of
Regulations
.

15.22.010
Adoption
of
the
California
Green
Building
Standards
Code,
Part
11,
Title
24 of
the
California
Code
of
Regulations.

There
is
adopted
and
incorporated
by
reference
herein
as
the
City
Green
Building
Standards
Code
for
the
purpose
of
prescribing
regulations
in
the
City
of
Poway
for
the
enhancement
of
the
design
and
construction
of
buildings
through
the
use
of
building
concepts
having
a
reduced
negative
impact
or
positive
environmental
impact
and
encourage
sustainable
construction
practices
the
~2022
California
Green
Building
Standards
Code,
Part
11,
Title
24 of
the
California
Code
of
Regulations,
a
portion
of
the
California
Building
Standards
Code,
as
defined
in
the
California
Health
and
Safety
code
, Section
18901
et
seq,
and
the
California
Green
Building
Standards
Code.

Except
as
otherwise
provided
by
this
Chapter
and
Chapter
15 .02
of
the
City
of
Poway
Municipal
Code,
all
construction
of
buildings
shall
be
in
conformance
with
the
2G-+92022
California
Green
Building
Standards
Code
and
any
rules
and
regulations
promulgated
pu
rsuant
thereto,
including
the
California
Green
Building
Standards
Code
~2022
Edition,
published
by
the
California
Building
Standards
Commission
.

Sections:

Chapter

15.23 REFERENCED

STANDARDS
CODE

15.23 .010
Adoption
of
the
~2022
California
Referenced
Standards
Code,
Part
12,
Title
24 of
the
California
Code
of
Regulations
.

15.23.010
Adoption
of
the
~2022
California
Referenced
Standards
Code,
Part
12 , Title
24 of
the
California
Code
of
Regulations
. The
California
Referenced
Standards
Code,
2G-+92022
edition,
Chapter
15 .23
is
adopted
by
reference
without
change
to
Buildings
and
Construction
Title
15 .

Sections:

Chapter

15.24 FIRE
CODE

15.24.01 O
Adoption
of
California
Fire
Code.
15 .24.020
Administration
.
15 .24.025
Appeals.
15 .24.030
Definitions
.

15.24.040
General
precautions
against
fire
.

15.24.050
Fire
service
features.
10 of
35 January 17, 2023, Item #7
Ordinance
No.
859

15.24.060
Building
services
and
systems
.

15.24.070
Fire
sprinkler
systems.

15.24.080
Construction
requirements
for
existing
buildingsFire
safety
during
construction.

15.24.090
Fire
safety
during
constructionWildland
urban
interface
fire
area.:.

15.24.100
Wild
land-urban
interface
fire
areaFireworks
display.:.
15 .24
.110
Fireworks
displayFlammable
and
combustible
liquids.:.
15 .24.120
Chapter
80 Referenced
Standardsliquefied
petroleum
gases.:.

Page
9 15.24
.130
Appendix
B,
fire-flow
requirements
for
buildingsChapter
80 Referenced
Standards.:.

15.24.140
ConflictAppendix
B,
fire
flow
requirements
for
buildings.:.

15.24 .150
Conflict.

15.24.01 0
Adoption
of
California
Fire
Code
The
City
of
Poway
adopts
by
reference
the
20224-9
California
Fire
Code,
excluding
Section
103,
and
including
Appendix
Chapters
4 and
Appendices
B,
C,...s,
F,
H,
Land
rn,
as
published
by
the
International
Code
Council,
except
those
portions
that
are
deleted,
modified,
or
amended
by
this
chapter.

One
copy
of
the
above-mentioned
code
has
been
and
is
now
filed
in
the
office
of
the
City
Clerk
or
the
fire
code
official,
City
of
Poway
, and
the
same
is
adopted
and
incorporated
as
fully
as
if
set
out
at
length
herein
. From
the
effective
date
of
the
ordinance
codified
in
this
chapter,
the
provisions
thereof
shall
be
controlling
within
the
limits
of
the
City
of
Poway
.

15.24.020
Administration.

Section
102
.13
is
added
to
read:
102.13
Repeal
of
conflicting
ordinances,
resolutions
or
motions.

All
former
ordinances,
resolutions,
motions,
or
parts
thereof
that
are
conflicting
or
inconsistent
with
the
provisions
of
this
Ordinance
or
of
the
Code
or
standards
hereby
adopted
are
repealed.

Section
104.~8
is
modified
to
read
:
104.~8
Modifications.

Whenever
there
are
practical
difficulties
involved
in
carrying
out
the
provisions
of
this
code,
the
fire
code
official
shall
have
the
authority
to
grant
modifications
for
individual
cases,
provided
the
fire
code
official
shall
first
find
that
special
individual
reason
makes
the
strict
letter
of
this
code
impracticable,
and
the
modification
is
in
compliance
with
the
intent
and
purpose
of
this
code
and
that
such
modification
does
not
lessen
health,
life
and
fire
safety
requirements.

The
applicant's
request
for
a
modification
shall
state
the
specific
sections(s)
for
which
a
modification
is
requested,
material
facts
supporting
the
contention
of
the
applicant,
the
details
of
the
modification
or
mitigating
measure
proposed
and,
if
applicable,
a
map
showing
the
proposed
location
and
citing
of
the
modification
or
mitigation
measure
. The
details
of
action
granting
modifications
shall
be
recorded
and
entered
in
the
files
of
the
department
of
fire
prevention.

Section
104.1
J2-
is
added
to
read:
104.1J2-
Cost
recovery.

The
purpose
of
this
section
is
to
establish
authority
to
obtain
reimbursement
from
responsible
individuals
for
the
expenses
of
any
emergency
response
and/or
enforcement
action
by
the
City
of
Poway
to
protect
the
public
from
criminal
or
negligent
activities,
and
from
fire
or
hazardous
substances
.

Section
104.1J2-.1
is
added
to
read:
11 of
35 January 17, 2023, Item #7
Ordinance No. 859

Page 10 ends

104.1~2.1 Reimbursement. In accordance with Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurred In accordance with Government Code Sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage, or any drug, or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires the agency to provide an emergency response, shall reimburse the agency for the cost incurred.

Section 105.3.9 is added to read:
105.3.9 Expense recovery. The fire code official may impose a fee for recovery of expenses incurred to enforce the fire prevention provisions of this code. Such expense recovery fees shall be established by a resolution of the City Council.

Section 105.6.5~2 is added to read:
105.6.5~2 Christmas tree lots. An operational permit is required to operate a Christmas tree lot with or without flameproofing services.

Section 105.6.53 is added to read:
105.6.53 Green waste recycling, mulching, composting operations and storage. A operational permit is required for green waste recycling, mulching, composting operations and storage.

15.24.025 Appeals.

Section 11100.1 is modified to read:
11100.1 Appeals procedure established. Whenever the fire code official has denied a permit or other entitlement, or when it is alleged that a mistake has been made in the interpretation or application of the code, the applicant may appeal the decision of the fire code official to the City Manager by filing a written appeal with the City Clerk within 30 days of the decision. If the appeal is denied by the City Manager, the City Manager's decision may be appealed to the City Council by filing a written appeal with the City Clerk within 30 days of the City Manager's decision and paying of the appeal fee set forth in the City's Master Fee Schedule for administrative appeals.

Section 11f.0.4 is modified to read:
11f.0.4 Violation penalties. It is unlawful for any person to violate any of the provisions of this Code or standards hereby adopted by reference as a part of this Code, or to fail to comply with any lawful order issued pursuant to this Code, or to violate any permit or condition of approval issued pursuant to this Code. It is further unlawful for any person to fail to comply with any lawful order issued pursuant to this Code by the City Attorney or by a court of competent jurisdiction. A violation of any provision of this Code, or failure to comply with orders or conditions issued pursuant to this Code, shall constitute a 12 of 35
January 17, 2023, Item #7
Ordinance
No.
859
Page
11 misdemeanor
or
(in
the
discretion
of
the
prosecuting
attorney)
an
infraction,
in
any
event
as
set
forth
in
PMC
Chapter

1.08. In
addition
to
any
criminal
penalties
any
violation
may
also
be
enforced
by
civil
action,
and
shall
be
subject
to
civil
and
administrative
penalties,
as
set
forth
in
PMC
Chapters

1.08 and

1.10. Section
11~~.4
is
modified
to
read:
11~~.4
Failure
to
comply
. It
is
unlawful
for
any
person
to
continue
any
work
after
having
been
served
with
a
stop-work
order,
except
such
work
expressly
identified
in
the
stop
work
order
as
necessary
to
correct
a
violation
or
unsafe
condition.

15.24.030
Definitions
.

The
following
definitions
are
added
or
modified
to
Section
202:

Aerated
Static
Pile.

A
composting
process
that
uses
an
air
distribution
system
to
either
blm\'
or
drav.•
air
through
the
pile.

Little
or
no
pile
agitation
or
turning
is
performed.

Accessory
Dwelling
Unit.

An
Accessory
Dwelling
Unit
(ADU)
is
an
attached
or
detached
residential
dwelling
unit
which
provides
complete
independent
living
facilities
for
one
or
more
persons
on
the
same
property
as
a
single-family
dwelling
in
a
residential
zone.

The
unit
shall
meet
the
definition
of
an
ADU
in
the
Government
Code
Section
65852.2.

Blaster.

A
person
1Nho
has
been
approved
by
the
Sheriff
to
conduct
blasting
operations
and
who
has
been
placed
on
the
list
of
approved
blasters.

The
listing
shall
be
valid
for
one
year
unless
revoked
by
the
Sheriff.

Blasting
Operation.

The
uses
of
an
e:xplosive
device
or
e:xplosive
material
to
destroy,
modify,
obliterate
or
remove
any
obstruction
of
any
kind.

Blasting
Permit.
/1,
permit
issued
by
the
Issuing
Officer
pursuant
to
Section
105.6.14.

The
permit
shall
apply
to
a
specific
site
and
shall
be
valid
for
a
period
not
to
e:xceed
one
year.

Blast
Site.

The
geographically
defined
area,
as
shown
on
a
project
map
or
plot
plan,
where
a
blaster
is
authorized
by
a
blasting
permit
issued
under Chapter
56 to
conduct
a
blasting
operation. Blast
Site.

The
geographically
defined
area,
as
shown
on
a
project
map
or
plot
plan,
1Nhere
a
blaster
is
authorized
by
a
blasting
permit
issued
under
Chapter
56 to
conduct
a
blasting
operation
.

Chipping
and
Grinding.

An
activity
that
mechanically
reduces
the
size
of
organic
matter.

Combustible
Vegetation.

Material
that
in
its
natural
state
will
readily
ignite,
burn
and
transmit
fire
from
native
or
landscape
plants
to
any
structure
or
other
vegetation.

Combustible
vegetation
includes
dry
grass,
brush,
weeds,
litter
or
other
flammable
vegetation
that
creates
a
fire
hazard.

Composting
Operations
. An
operation
that
is
conducted
for
the
purpose
of
producing
compost
and
shall
be
by
means
of
one
or
a
combination
of
the
follo•Ning
processes
used
to
produce
a
compost
product:
static
pile,
windrow
pile,
or
aerated
static
pile.
13 of
35 January 17, 2023, Item #7
Ordinance
No.
859
Page
12 Dead
End
Road.
/\
road
that
has
only
one
point
of
vehicular
ingress/egress,
including
cul
de
sacs
and
looped
roads.

Defensible
Space
. An
area
either
natural
or
man
-made,
where
material
capable
of
allowing
a
fire
to
spread
unchecked
has
been
treated,
cleared
or
modified
to
slow
the
rate
and
intensity
of
an
advancing
wildfire
and
to
create
an
area
for
fire
suppression
operations
to
occur.

Distance
measurements
for
defensible
space
shall
be
measured
on
a
horizontal
plane
and
in
accordance
with
Section
Four
of
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual
.

Fire
Access
Road
or
Fire
Access
Roadway.

A
road
that
provides
fire
apparatus
access
from
a
fire
station
to
a
facility,
building
or
portion
thereof.

This
is
a
general
term
inclusive
of
all
other
terms
such
as
fire
lane,
public
street,
private
street,
parking
lot
lane,
access
roadway,
and
driveway
.

Fire
Authority
Having
Jurisdiction
(FAHJ)
. The
designated
entity providing
enforcement
of
fire
regulations
as
they
relate
to
planning,
construction,
and
development.

This
entity
for
the
City
of
Poway
also
provides
fire
suppression
and
other
emergency
services
.

Fire
Department.

Any
regularly
organized
fire
department
regularly
charged
with
the
responsibility
of
providing
fire
protection
to
the
jurisdiction
.

Fire
Hazard.

Anything
that
increases
or
could
cause
an
increase
of
the
hazard
or
menace
of
fire
to
a
greater
degree
than
customarily
recognized
as
normal
by
persons
in
the
public
service
regularly
engaged
in
preventing,
suppressing,
or
extinguishing
fire;
or
anything
or
act,
which
could
obstruct,
delay,
hinder,
or
interfere
with
the
operations
of
the
fire
department;
or
egress
of
occupants
in
the
event
of
fire
.

Fire
Protection
Plan
(FPP)
. The
FPP
is
a
document
prepared
for
a
specific
project
or
development
proposed
in
the
wildland-urban
interface
fire
area
that
describes
ways
to
minimize
and
mitigate
potential
loss
from
wildfire
exposure,
with
the
purpose
of
reducing
impact
on
the
community's
fire
protection
delivery
system.

Fuel
Break
. An
area,
strategically
located
for
fighting
anticipated
fires
, where
the
native
vegetation
has
been
permanently
modified
or
replaced
so
that
fires
burning
into
it can
be
more
easily
controlled
. Fuel
breaks
div
ide
fire-prone
areas
into
smaller
areas
for
easier
fire
control
and
to
provide
access
for
fire-fighting.

Fuel
Modification
Zone
. A
strip
of
land
where
combustible
vegetation
has
been
thinned
or
modified
or
both
and
partially
or
totally
replaced
with
approved
fire-resistant
and/or
irrigated
plants
to
provide
an
acceptable
level
of
risk
from
vegetation
fires
.

Fuel
modification
reduces
the
radiant
and
convective
heat
on
a
structure
and
provides
valuable
defensible
space
for
firefighters
to
make
an
effective
stand
against
an
approaching
fire
front. Green
VVaste
. Organic
material
that
includes
, but
is
not
limited
to
, yard
trimmings,
plant
waste,
manure,
untreated
wood
wastes,
paper
products,
and
natural
fiber
products.

Hazardous
Fire
Area.

Any
geographic
area
mapped
by
the
State
or
designated
by
a
local
jurisdiction
as
a
moderate,
high
or
very
high
fire
hazard
area
or
which
the
FAHJ
has
determined
is
a
hazardous
fire
area,
because
the
type
and
condition
of
vegetation,
14 of
35 January 17, 2023, Item #7
Ordinance
No
. 859
Page
13 topography,
weather
and
structure
density
increase
the
probability
that
the
area
will
be
susceptible
to
a
wildfire.

Hogged
Materials.

Mill
waste
consisting
mainly
of
hogged
bark
but
may
include
a
mixture
of
bark,
chips,
dust,
or
other
by
products
from
trees
and
vegetation
.

Mulching
. the
process
by
which
mixed
green
waste
is
mechanically
reduced
in
size
for
the
purpose
of
making
compost.

Open
Space
Easement.

Any
right
or
interest
in
perpetuity
or
for
a
term
for
years
in
open
space
land,
as
that
term
is
defined
in
Government
Code
section
51051,
acquired
by
the
County,
a
city
or
a nonprofit
organization
where
the
instrument
granting
the
right
or
interest
imposes
restriction
on
use
of
the
land,
to
preserve
the
land
for
public
use
or
enjoyment
of
the
natural
or
scenic
character
of
the
land.

Response
Time.

The
elapsed
time
from
the
fire
department's
receipt
of
the
first
alarm
to
when
the
first
fire
unit
arrives
at the
scene
.

Travel
Time
. The
estimated
time
it would
take
for
a
responding
agency
to
travel
from
the
fire
station
to
the
furthest
structure
in
a
proposed
development
project
, determined
by
measuring
the
safest
, most
direct
, appropriate,
and
reliable
route
with
consideration
given
to
safe
operation
speeds
for
heavy
fire
apparatus
.

Windrow
Composting
Process.

The
process
in
which
compostable
material
is
placed
in
elongated
piles.

The
piles
or
v,iindrows
are
aerated
and/or
mechanically
turned
on
a
periodic
basis.

Wood
Chips
. Chips
of
various
species
of
wood
produced
or
used
in
chipping
and
grinding
operations
.

15.24.040
General
precautions
against
fire
.

Section
304.1.4
is
added
to
read:
304.1.4
Outdoor
carnivals
and
fairs
. Outdoor
carnivals
and
fairs
shall
only
be
conducted
on
grounds
free
of
combustible
vegetation
or
trimmed
to
the
satisfaction
of
the
FAHJ.

Section
305.6
is
added
to
read
:
305.6
Rockets
, model
aircraft
and
similar
devices
. Rockets
, model
airplanes,
gliders
,
balloons
, sky
lanterns,
floating
luminaries
or
similar
devices-powered
with
an
engine,
propellant,
open
flame,
or
other
feature
liable t
o
start
or
cause
a
fire shall
not
be
projected
into
or
across
hazardous fire
areas
without
prior
approval
of
the
fire
code
official.

Section
307.5
is
modified
to
read:
307.5
Attendance
. Open
burning
,
bonfires,
recreational
fires
and
the
use
of
portable
outdoor
fireplaces
shall
be
constantly
attended
by
an
adult
until
the
fire
is
extinguished.

A
minimum
of
one
portable
fire
extinguisher
complying
with
section
906
with
a
minimum
4-
A
rating
or
other
approved
on-site
fire-extinguishing
equipment
, such
as
dirt,
sand,
water
barrel
, garden
hose
or
water
truck,
shall
be
available
for
immediate
utilization.
15 of
35 January 17, 2023, Item #7
Section
321_4
is
added
to
read:

SECTION
321_4

STORAGE
OF

FIREWOOD
Ordinance
No
. 859
Page
14 321_4
.1
General.

Firewood
shall
not
be
stored
in
unenclosed
space
beneath
a
building
or
structure,
on
a
deck
or
under
eaves
, a
canopy
or
other
projection
or
overhang.

Wi=leR
required
by
the
fire
code
official,
ffirewood
or
other
combustible
material
stored
in
the
defensible
space
surrounding
a
structure
shall
be
located
at
least
30 feet
from
any
structure
and
separated
from
the
crown
of
any
trees
by
a
minimum
of
15 feet,
measured
horizontally.

Firewood
and
combustible
materials
not
for
use
on
the
premises
shall
be
stored
so
as
to
not
pose
a
fire
hazard
.

15.24.050
Fire
service
features.

Section
503.2.1
is
modified
to
read:
503.2
.1
Dimensions
. Fire
apparatus
access
roads
shall
have
an
unobstructed,
improved
width
of
not
less
than
20 feet,
except
single-family
residential
driveways
serving
no
more
than
two
improved
parcels
containing
dwelling
units
shall
have
a
minimum
of
16 feet
of
unobstructed
improved
width.

In
most
cases,
the
City
of
Poway
construction
standards
for
streets
(Chapter

12.20 PMC)
will
be
more
restrictive.

The
more
restrictive
standard
shall
apply.

Vertical
overhead
clearance
shall
be
a
minimum
of
13 feet
6 inches.

Exceptions: 1.

Upon
approval
by
the
fire
code
official,
vertical
clearances
or
width
may
be
reduced
provided
such
reduction
does
not
impair
access
by
fire
apparatus
and
approved
signs
are
installed
and
maintained
indicating
the
established
vertical
clearance
.

2. Fire
access
roadways
, gated
entrances
with
card
readers,
guard
stations,
or
center
medians
, which
have
separated
lanes
of
one-way
traffic
shall
be
not
less than
12 feet
wide
per
lane
.

Section
503.2.3
is
modified
to
read:
503
.2.3
Surface
. Fire
apparatus
access
roads
shall
be
designed
and
maintained
to
support
the
imposed
loads
of
fire
apparatus
not
less
than
75 ,000
pounds
~
geotechnical
report
unless
authorized
by
the
FAHJ
and
shall
be
provided
with
an
approved
paved
surface
so
as
to
provide
all-weather
driving
capabilities.

A
paved
surface
shall
mean
asphalt,
concrete,
or
~permeable
paver
system,
except
that
decomposed
granite
is
permissible
for
residential
driveways
.

Section
503.2.4
is
modified
to
read
:
503.2.4
Turning
Radius.

The
turning
radius
of
a
fire
apparatus
access
road
shall
be
a
minimum
of
28 feet
as
measured
to
the
inside
edge
of
the
improvement
width
or
as
approved
by
the
fire
code
official.

Section
503
.2.5
is
modified
to
read:
16 of
35 January 17, 2023, Item #7
Ordinance No. 859

Page 15 ends

503.2.5 Dead Ends. All dead-end fire access roads in excess of 150 feet in length shall be provided with approved provisions that allow emergency apparatus to turn around. A cul-de-sac shall be provided in residential areas where the access roadway serves more than two improved parcels. The minimum, unobstructed paved radius width for a cul-de sac shall be 38 feet in residential areas. The fire code official shall establish a policy identifying acceptable turnarounds for various project types.

Section 503.2. 7 is modified to read:
503.2. 7 Grade. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent.

Section 503.2.8 is modified to read:
503.2.8 Angles of Approach and Departure. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official.

Section 503.3.1 is added to read:
503.3.1 Marking of Fire Apparatus Access Roads. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. All new public roads, all private roads within major subdivisions, and all private road easements serving four or more parcels shall be named. Road name signs shall comply with City of Poway Supplemental Engineering Standards, Street Sign Specifications. The fire code official may require the posting of a fire access roadway where parking has obstructed or could obstruct the required width.

Section 503.6.1 is added to read:
503.6.1 Security Gates. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures shall also be equipped with approved emergency traffic control-activating strobe light sensor(s), or other devices approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery backup or manual-mechanical disconnect in case of power failure.

Section 505.1 is modified to read:
505.1 Address Numbers. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach.

Address numbers shall contrast with their background and meet the City of Poway standards. Additional address numbers may be required where deemed necessary by the 17 of 35
January 17, 2023, Item #7
Ordinance No. 859

Page 16 ends

fire code official. Accessory dwelling units and junior accessory dwelling units shall require separate addresses. When required by the fire code official, roof numbers shall be installed meeting current fire department standards.

Section 505.3 is added to read:
505.3 Easement Address Signs. All easements which are not named differently from the roadway from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement located where the easement intersects the named roadway. The minimum size of the numbers on that sign shall be four inches in height with a minimum stroke of 3/8 inch and shall contrast with the background.

Section 505.4 is added to read:
505.4 Map/Directory. A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15.

Section 506.1 is modified to read:
506.1 Key Boxes. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an accessible location. The key box shall be a type approved by the fire code official and shall contain keys to gain necessary access.

Section 506.2.1 is added to read:
506.2.1 Emergency Key Access. All central station-monitored fire detection systems and fire sprinkler systems shall have an approved emergency key access box on site in an approved location. The owner or occupant shall provide and maintain current keys for the structure(s) for fire department placement in the box and shall notify the fire department in writing when the building is re-keyed.

Section 507.2.2 is modified to read:
507.2.2 Water Storage Tanks. Water storage tanks, when permitted by the fire code official, shall comply with Table No. 507.2.2 and installed in accordance with NFPA 22.

TABLE NO. 507.2.2
Gallons Per
Building Minute Water Capacity Duration
Square Feet Flow Gallons Minutes
Up to 3,600 10,000 40
3,601 to 7,700 250 15,000 60
18 of 35
January 17, 2023, Item #7
7,701 and above / 333 I 20,000 I
Ordinance No. 859

Page 17 ends

60 When the exposure distance is 100 feet or less from an adjacent property or the severity of the potential fire risk has been determined to exist, an increase in water storage may be required by the fire code official.

1. Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the Fire Department. Tank size may be increased to serve multiple structures on a single parcel.

2. The supply outlet shall be at least four inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall be at least one 4-inch National Standard Thread (male), reduced to one 2 1/2-inch National Standard Thread (male). Additional outlets may be required.

3. Tanks that are supplied by municipal water, when permitted by the fire code official, shall have a capacity of 10,000 gallons provided that the sole use of these tanks is for fire protection purposes.

4. Location of fire department outlet shall be determined on the plot plan when submitted to the fire department. Consideration will be given to factors such as topography, elevations, and distance from structures, driveway access, and prevailing winds.

5. The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.

6. All exposed tank supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.

7. Water storage tanks shall be constructed from materials approved by the fire code official and installed per manufacturer recommendations.

8. The fire code official may require any necessary information be submitted on a plot plan for approval.

9. Vessels previously used for products other than water shall not be permitted.

Section 507.3 is modified to read:
19 of 35
507.3 Fire Flow Requirements. Fire flovvs shall be based on Appendix B. Consideration should be given to increasing the gallons per minute set forth in Appendix B to protect structures of extremely large square footage and for such reasons as poor access roads, grade and canyon rims, hazardous brush, and response times greater than five minutes by a recognized fire department or fire suppression company. In hazardous fire areas, the main capacity for ne1N subdivisions shall not be less than 1,500 gallons per minute, unless otherwise approved by the fire code official. If fire flow increases are not feasible, the fire code official may require alternative design standards such as alternative types of construction providing a higher level of fire resistance, fuel break requirements which January 17, 2023, Item #7
Ordinance No. 859

Page 18 ends

could include required irrigation, modified access road requirements, specified setback distances for building sites addressing canyon rim developments and hazardous brush areas, and other requirements authorized by this Code and as specified by the fire code official.

15.24.060 Building services and systems.

Section 60§_~.8.1 is modified to read:
60§_~.8.1 Residential Incinerators. Residential incinerators shall be prohibited.

15.24.070 Fire sprinkler systems.

Section 903.2 is modified to read:
903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. For the purpose of fire sprinkler systems, buildings separated by less than ten feet from adjacent buildings shall be considered as one building. Fire barriers, partitions, and walls, regardless of rating, shall not be considered as creating separate buildings for purposes of determining fire sprinkler requirements. Mezzanines shall be included in the total square footage calculation.

Exceptions:

1. Agricultural buildings constructed of wood or metal frames over 1.vhich fabric or similar material is stretched 1.vhich are specifically used as green houses are exempt from fire sprinkler requirements unless they are physically connected to other structures.

2. Group U occupancies not greater than 749 square feet, when the building is 10 feet or more from an adjacent structure or property line.

All occupancies within the City of Poway:

New New Additions All Gccupancies Additions Residential Gccupancies Gccupancies (Except Residential) located in the City's 11-ery high (Except Residential fire hazard area*
Residential)
/\II buildings Required per Additions of more than 213% of Residences may be required greater than California the square footage of an existing to install a Sprinkler system a,ooo sq. ft. Residential building, which results in a wl=len tl=le proposeEI adElition is Geae stFUcture of a,000 square feet or more tl=lan 749 square feet more, sl=lall be requireEI to be wl=licl=I results in a structure of protected tl=lrougl=lout the entire 3,@00 square feet or more structure witl=I a sprinkler system when structurally feasible. consistent i.•.iith this section.

Residences may be required
20 of 35
January 17, 2023, Item #7
Section
903.3
is
modified
to
read:

Ordinance
No
. 859
Page
19 te
iAstall
a
spFiAkleF
system
wl=leA
tl=le
pFepeseEl
aElElitieA
is
mern
tl=laA
749
square
feet
WRiSR
results
iA
aA
iASFease
iA
squaFe
feetage
ef
meFe
tl=laA
aG
peFSeAt
wl=leA
strust1::1Fally
feasible
aAEl
'NReA
a
spesial
l=lai!:aFEl
SUSA
as
a
substaAElarEl
water
supply
eF
a
substaAElaFEl
assess
e*ists.

StaAElaFEls
feF
water
supply
aAEl
assess
arn
ElefiAeEl
by
SestieA
1 a.24
.GaG
ef
tl=le
Peway
MuAisipal
CeEle.

Wl=leA
spFiAkleFS
are
FequiFeEI
uAEler
tl=lis
sestieA,
tl=le
strustuFe
sl=lall
be
requiFeEl
te
be
prntesteEl
tl=lrnugl=leut
tl=le
eAtire
stFusture
witl=I
a
spFiAkleF
system
seAsisteAt
witl=I
tl=lis
sestieA.
903.3
Installation
Requirements.

Automatic
sprinkler
systems
shall
be
designed
and
installed
in
accordance
with
Sections
903.3.1
through
903.3
.8. The
system
shall
be
designed
10%
below
("off
the
top")
available
water
source
pressure
during
peak
usage.

Section
903.3
.1.1.4J
is
added
to
read:
903.3.1.1.4J
System
Design
. Occupancies
referred
to
as
"spec
buildings"
wherein
no
specific
end
use
is
identified
at
the
time
of
plan
check,
the
sprinkler
system
shall
provide
a
density
of

0.45 gallons
per
minute
per
square-foot
for
a
3,000-square-foot
design
area
.

Section
903.3.1.3.1
is
added
to
read:
903.3.1.3.1
Water
Supply
Design.

1. Ne
1N
stFUstuFes
less
tl=laA
7aG
square
feet
iA
sii!:e
sl=lall
be
equippeEl
witl=I
a
miAimum
of
3/4
iAsl=I
wateF
seFvise
liAe
aAEl
3/4
iAsl=I
'Nater
meter.

New
structures
moFe
tl=laA
749
square
feet
iA
sii!:e
shall
be
equipped
with
a
minimum
one-inch
water
service
line
and
one-inch
water
meter.

SestioA
9G3.4,
E*septioA
1,
is
meElifieEl
te
rnaEl
:
21 of
35 January 17, 2023, Item #7
Ordinance No. 859

Page 20 ends

Exception 1 Automatic sprinkler systems 1Nith less than 100 fire sprinklers protecting one and two family d1Nellings.

15.24.080 Construction Requirements for Existing Buildings Section 1103.5 Sprinkler systems is modified to read:

An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5, and all existing buildings and structures with an existing fire sprinkler system(s) undergoing improvements and/or additions shall be provided with approved fire sprinkler protection in accordance with the appropriate NFPA design.

15.24.o~go Fire safety during construction.

Section 3318 is added to read:

Section 3318
Fuel Modification Zones
3318.1 General. Any person doing construction of any kind which requires a building permit and includes installation of a fuel modification zone, shall remove all flammable vegetation within the approved fuel modification zone prior to the arrival of combustible material on the site and shall maintain during the duration of the project until all elements of approved fuel modification zones are installed and approved.

15.24JQ90 Wildland-Urban Interface Fire Area
Section 4903 is added to read:

SECTION 4903

FIRE PROTECTION PLAN
4903.1 When required. The Development Services Department or the FAHJ may require an applicant for a parcel map, subdivision map, minor development review application, development review, specific plan or major use permit for any property located in a wild land-urban interface fire area to submit a Fire Protection Plan (FPP) as part of the approval process. 4903.2 Contents. The FPP shall consider location, topography, geography, aspect, combustible vegetation (fuel types), climatic conditions and fire history. The plan shall address the following in terms of compliance with applicable codes and regulations, including.,_ but not limited to.,_;. water supply, vehicular and emergency apparatus access, travel time to nearest serving fire station, structural ignitability, structure set back, ignition-resistive building features, fire protection systems and equipment, impacts to existing emergency services, defensible space.,, and vegetation management. The plan shall recommend measures to reduce the ignitability of structures throughout the area being addressed.

Section 4907.21, is added to read:
22 of 35
January 17, 2023, Item #7
Ordinance
No
. 859
Page
21 4907
.~
General
Fire
Setbacks
.

Within
Rural
Residential
Zones,
except
for
noncombustible
buildings
and
structures,
g.Quildings
and
structures
located
within
a
wildland-urban
interface
fire
area
shall
be
setback
a
minimum
of
30 feet
from
property
lines
and
biological
open
space
easements
unless
the
Poway
Municipal
Code
requires
a
greater
minimum_or
if existing
legally
permitted
buildings
and
structures
are
located
within
30 feet
of
the
property
line
(legal
nonconforming)
, then
the
existing
distance
from
the
property
lot
line
established
by
the
nonconforming
portion
of
the
building
shall
be
used
as
the
required
setback
distance
for
any
detached
accessory
structures
or
additions
to
that
building.

When
the
property
line
abuts
a
roadway,
the
setback
shall
be
measured
from
the
farthest
roadway
edge.

Exception: When
the
fire
code
official
determines
the
hazard
from
a
wildland
fire
is
not
significant
or
when
the
terrain,
parcel
size
or
other
constraints
on
the
parcel
make
the
required
setback
infeasible,
this
setback
may
be
reduced
to
less than
30 feet
when
additional
measures
are
employed
to
the
satisfaction
of
the
fire
code
official.

No
other
exceptions
to
the
General
Fire
Setback
is
permissible
except
for
the
creation
of
Accessory
Dwelling
Units
and
Junior
Accessory
Dwelling
Units
as
defined
in
PMC
Title
17 .

Section
4907
.J.§
is
added
to
read
:
4907.J.§
Structure
Setback
from
Slope.

Single-story
structures
shall
be
setback
a
minimum
15-feet
horizontally
from
top
of
slope
to
the
farthest
projection
from
a
roof
.

A
single-story
structure
shall
be
less
than
12-feet
above
grade.

A
two-story
structure
shall
be
setback
a
minimum
of
30 -feet
horizontally
from
top
of
slope
to
the
farthest
projection
from
a
roof
.

Structures
greater
than
two
stories
may
require
a
greater
setback
when
the
slope
is
greater
than
2 to

1. Exceptions
:

1. Structures
constructed
with
a
noncombustible
exterior
wall
adjacent
to
the
slope,
no
openings
adjacent
to
the
slope,
no
combustible
attachments
to
the
exterior
wall
adjacent
to
the
slope,
and
no
roof
eaves
adjacent
to
the
slope
.

2. There
exists
no
open
wildland
fuel
area
directly
adjacent
or
juxtaposed
to
the
structure
,
and
the
slope
is
directly
adjacent
to
developed
parcels
with
fuel
management
principals
in
place
.

3. The
fire
code
official
determines
the
hazard
to
be
minimal.

Section
4907
.4§
is
added
to
read:
4907.4§
Fuel
Modification.

A
person
owning,
leasing,
controlling,
operating
or
maintaining
a
building
or
structure
in
or
adjoining
a
hazardous
fire
area,
and
a
person
owning,
leasing
or
controlling
land
adjacent
to
a
building
or
structure
in
or
adjoining
a
hazardous
fire
area
shall
maintain
an
effective
fuel
modification
zone
by
removing,
clearing
or
modifying
combustible
vegetation
and
other
flammable
materials
from
areas
within
100
-feet
from
each
building
or
structure,
or
as
determined
by
the
fire
code
official
as
further
described
below
.

With
the
approval
of
the
fire
code
official,
the
width
of
the
fuel
modification
zone
may
be
reduced
where
ignition-resistant
construction
or
other
mitigation
measures
are
23 of
35 January 17, 2023, Item #7
24 of
35 Ordinance
No
. 859
Page
22 implemented.

The
fuel
modification
zone
shall
be
maintained
according
to
applicable
defensible
space
and
vegetation
management
policies,
the
Wildfire
Defensible
Space
Program
and
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual.

Exceptions
:

1. Single
specimens
of trees,
ornamental
shrubbery
or
similar
plants
used
as
ground
cover,
provided
that
they
do
not
form
a
means
of
rapidly
transmitting
fire
from
the
native
growth
to
any
structure.

2. With
the
approval
of
the
fire
code
official,
the
width
of
the
fuel
modification
zone
may
be
reduced
where
ignition-resistant
construction
or
other
mitigation
measures
are
implemented
.

Fuel
Modification
Zones.

Zone
O
"Immediate
Zone"
from
O
to
5 feet.

This
zone
shall
consist
of
the
area
under
and
around
buildings
or
structures
and
measures
from
the
exterior
wall
surface
or
edge,
patio,
deck,
or
attachments
to,
and
extending
out
to
5 feet.

This
zone
shall
be
constructed
of
continuous
hardscape
or
non-combustible
materials
.

The
use
of
natural
mulch
and
other
combustible
materials
shall
be
prohibited.

Zone
1 "
Intermediate
Zone"
from
5 to
30 feet.

This
zone
shall
consist
of
25 feet
of
planting
of
low
growth,
drought
tolerant
and
fire
resistive
plant
species
from
5 to
30 feet
or
to
the
property
line,
whichever
is
closer.

Vegetation
in
this
zone
shall
be
irrigated
and
planted
in
accordance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual.

Zone
2 "Extended
Zone"
from
30 to
100
feet.

This
zone
shall
consist
of
70 feet
of
maintained
vegetation
from
30 to
100
feet,
or
to
the
property
line,
whichever
is
closer.

Vegetation
in
this
zone
shall
be
maintained
in
accordance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual.

January 17, 2023, Item #7
Figure 4907.4§. Measurements of Fuel Modification Distance Ordinance No. 859

Page 23 ends

I uomOOified I
Fuel
'
--1ooree~
Modifie;-7
100 feer---
.. d
Horizontal plane
Unmodified
Fuel
: ....................................................................................................................................................................................................................................................................................................................... i 25 of 35
January 17, 2023, Item #7
Section
4907.4§.1
is
added
to
read:

Ordinance
No
. 859
Page
24 4907.4§.1
Fuel
Modification
of
Combustible
Vegetation
from
Sides
of
Roadways.

The
FAHJ
may
require
a property
owner
to
modify
combustible
vegetation
in
the
area
within
~
10 feet
from
each
side
of
the
driveway
or
a public
or
private
road
adjacent
to
the
property
to
establish
a
fuel
modification
zone
.

The
FAHJ
has
the
right
to
enter
private
property
to
ensure
the
fuel
modification
zone
requirements
are
met.

Exception
:

The
FAHJ
may
reduce
the
width
of
the
fuel
modification
zone
if it will
not
impair
access.

Section
4907.4§.2
is
added
to
read:
4907.4§
.2
Community
Fuel
Modification.

The
FAHJ
may
require
a
developer,
as
a
condition
of
issuing
a
certificate
of
occupancy,
to
establish
one
or
more
fuel
modification
zones
to
protect
a
new
community
by
reducing
the
fuel
loads
adjacent
to
a community
and
structures
within
it.

Section
4907.aZ
is
added
to
read:
4907.aZ
Land
Ownership
.

Once
a
fuel
modification
zone
has
been
established
under
section
4907.4§,
the
land
on
which
the
zone
is
located
shall
be
under
the
control
of
an
association
or
other
common
ownership
established
in
perpetuity,
for
the
benefit
of
the
community
to
be
protected.

Section
4907.e§.
is
added
to
read
:
4907
.e§.

Maintenance
of
Defensible
Space
.

Any
person
owning,
leasing,
controlling,
operating
or
maintaining
a
building
or
structure
required
to
establish
a
fuel
modification
zone
shall
maintain
the
defens
ible
space
. The
FAHJ
may
enter
the
property
to
determine
if the
person
responsible
is
complying
with
this
section.

The
FAHJ
may
issue
an
order
to
the
person
responsible
for
maintaining
the
defensible
space
directing
the
person
to
modify
or
remove
non-fire
resistant
vegetation
from
defensible
space
areas,
remove
leaves,
needles
and
other
dead
vegetative
material
from
the
roof
of
a
building
or
structure,
maintain
trees
as
required
or
to
take
other
action
the
FAHJ
determines
is
necessary
to
comply
.

Section
4907
.~+
is
added
to
read:
26 of
35 4907.~+
Landscape
Plans.

Landscape
plans
are
required
for
new
residential
custom
homes,
production
tract
homes,
multi-family
residential,
and
commercial
buildings.

Landscape
plans
shall
be
submitted
and
approved
by
the
Development
Services
Department
and
the
fire
code
official
prior
to
the
issuance
of
a
building
permit.

Landscape
plan
submittals
shall
follow
the
submittal
requirements
found
in
the
Landscape
and
Irrigation
Design
Manual
and
shall,
at
a
minimum,
include
a
readable
scale,
the
delineation
of
100-foot
fuel
modification
zones,
the
existing
vegetation,
all
irrigated
areas,
a
plant
legend
with
both
botanical
and
common
names,
and
identification
of
all
plant
material
symbols.

The
fire
code
official
may
expand
or
reduce
the
distance
of
the
fuel
modification
zones
based
on
project
location,
surrounding
vegetation,
and
topography
.

January 17, 2023, Item #7
Ordinance
No
. 859
Page
25 Section
4907-1Q+.1
is
added
to
read:
4907JQ+
.1
Landscape
Installation.

All
landscaping
shall
be
installed
prior
to
final
inspection
for
issuance
of
a
certificate
of
occupancy
.

15.24 .1100
Fireworks
display.

Section
5608
. 1
is
modified
to
read:
5608
.1
General.

Outdoor
fireworks
displays,
use
of
pyrotechnics
before
a
proximate
audience
and
pyrotechnic
special
effects
in
motion
picture,
television
, theatrical
and
group
entertainment
productions
shall
comply
with
California
Code
of
Regulations,
Title
19,
Chapter
6 and
Poway
Municipal
Code
. The
Fire
Chief
is
the
Issuing
Officer
for
any
fireworks
permit
required
by
this
Chapter.

The
Fire
Chief
may
delegate
the
duties
of
Issuing
Officer
at
his
or
her
discretion
.

Section
5608.1
.1
is
modified
to
read
:
5608
.1.1
Scope
.

The
possession
,
manufacture
,
sale,
storage
,
use
and
display
of
fireworks
are
prohibited
in
the
City
of
Poway
except
as
prov
ided
in
the
Poway
Municipal
Code
.

15.24 .110
Flammable
and
combustible
liquids.

Section
5704
.2.9.6.1
is
modified
to
read:
27 of
35 5704.2.9
.6.1
Location
Where
Above
Ground
Storage
Tanks
are
Prohibited
. The
limits
referred
to
in
Sections
5704
.2.9.6.1
and
5706.2.4
.4
of
the
2019
California
Fire
Code
and
the
2018
International
Fire
Code
in

1.vhich
storage
of
flammable
or
combustible
liquids
in
outside
abo
1,e
ground
tanks
is
prohibited
are
hereby
established
as
the
jurisdictional
limits
of
the
City
of
Poway.

Exceptions: 1.

VVith
the
fire
code
official's
approval
, Class
I and
II liquids
may
be
stored
above
ground
outside
of
buildings
in
specially
designed
, approved,
and
listed
containers
1Nhich
have
features
incorporated
into
their
design
1Nhich
mitigates
concerns
for
exposure
to
heat,
ignition
sources
, and
mechanical
damage
. Containers
must
be
installed
and
used
in
accordance
with
their
listing,
and
provisions
must
be
made
for leak
and
spill
containment.

The
fire
code
official
may
disapprove
the
installation
of
such
containers
1,e.ihen
in
his
or
her
opinion,
their
use
presents
a
risk
to
life
or
property.

Storage
in
such
tanks
on
any
site
shall
not
exceed
550
gallons
for
Class
I or
1,100
gallons
of
Class
II
liquids.

In
no
case
shall
such
storage
be
permitted
1Nithin
100
feet
of
any residential
or
institutional
setting.

Venting
shall
meet
Fire
Code
and
Air
Pollution
Control
District
standards,
"No
Smoking
"
signs
shall
be
provided,
and
the
tank
shall
be
marked
accordingly
.

2. Crankcase
draining
may
be
stored
in
specially
constructed
above
ground
storage
tanks
, approved
by
the
fire
code
official
with
a
maximum
capacity
of
550
gallons
. Such
tanks
may
be
located
1Nithin
a
building
when
the
fire
code
official
deems
appropriate,
and
January 17, 2023, Item #7
Ordinance
No
. 859
Page
26 the
container
must
be
a
specially
designed,
approved,
and
listed
container
which
has
features
incorporated
into
its
design
which
mitigate
concerns
for
exposure
to
heat,
ignition
sources,
and
mechanical
damage.

Containers
must
be
installed
and
used
in
accordance
1Nith
their
listing,
and
provisions
must
be
made
for
leak
and
spill
containment.

In
no
case
shall
such
storage
be
permitted
in
residential
or
institutional
property.

3. With
the
fire
code
official's
approval,
temporary
storage
of
a
maximum
of
10,000
gallons
of
Class
II
liquids
may
be
permitted
for
a
period
not
to
exceed
90 days
at
remote
construction
sites
and
earth
moving
projects
consistent
with
Sections
5704
and
5706.

The
follQl.~,iing
criteria
shall
be
applied
in
areas
within
the
South
Poway
Business
Park,
1Nhich
are
designated
commercial
, light industrial,
or
industrial
park.

With
the
fire
code
official's
approval,
Class
I and
II
liquids
may
be
stored
above
ground
outside
of
buildings
in
specially
designed,
approved,
and
listed
containers
which
have
features
incorporated
into
their
design
which
mitigate
concerns
for
exposure
to
heat
(two
hour
fire
resistance),
ignition
sources,
and
mechanical
damage.

Containers
must
be
installed
and
used
in
accordance
with
their
listing,
and
provisions
must
be
made
for
leak
and
spill
containment.

Storage
in
such
tanks
on
any
site
shall
not
exceed
5,000
gallons
for
Class
I or
10 ,000
gallons
for
Class
11 liquids.

The
fire
code
official
may
disapprove
the
installation
of
such
containers
when,
in
the
fire
code
official's
opinion,
their
use
presents
a
risk
to
life
or
property
.

In
no
case
shall
such
storage
be
permitted
on
residential
or
institutional
property.

A
permit
shall
be
obtained
from
the
Fire
Department
follo•,a.iing
the
approval
of
submitted
plans
prior
to
installation.

Tanks
shall
be
required
to
be
secured
by
fencing
and
to
have
appropriate
signage.

Temporary
above
ground
tanks
for
storage
of
Class I
liquids
of
a
maximum
capacity
of
550
gallons
or
Class
II
tanks
with
a
maximum
capacity
of
10,000
gallons
may
be
installed
for
a
maximum
of
90 days
under
specific
restrictions
and
safeguards,
on
remote,
isolated,
secured
construction
sites,
earth
moving
projects,
gravel
pits,
or
borrow
pits
when
approved
by
the
fire
code
official.

Section
5705.2.4
is
modified
to
read:
5705.2.4
Transferring
Class
I, II
or
Ill
liquids.

Class
I or
II
liquids
or
Class
Ill
liquids
that
are
heated
up
to
or
above
their
flash
points
shall
be
transferred
by
one
of
the
following
methods: 1.

From
safety
cans
complying
with
UL

30. 2.

Through
an
approved
closed
piping
system.

3. From
containers
or
tanks
by
an
approved
pump
taking
suction
through
an
opening
in
the top
of
the
container
or
tank.

4. Approved
engineered
liquid
transfer
system.

Exception:

Liquids
in
containers
not
exceeding
a

5.3 gallon
(20
L)
capacity.

Section
5706
.2.4
.4
is
modified
to
read:
5706.2.4.4
Locations
where
above
ground
tanks
are
prohibited
. The
geographic
limits
in
which
the
storage
of
Class
I and
Class
II
liquids
in
above
ground
tanks
is
prohibited
in
residential
areas
is
hereby
established
as
jurisdiction
limits
of
the
City
of
Poway.

Section
5706
.2.5.2.1
is
added
to
read
:
5706.2.5
.2.1
Limitations
on
tanks
for
gravity
discharge.

Gravity
dispensing
of
Class
I or
28 of
35 January 17, 2023, Item #7
Ordinance No. 859

Page 27 ends

II liquids or Class Ill liquids that are heated up to or above their flash points is prohibited.

Dispensing devices for flammable and combustible liquids shall be of an approved type.

Approved pumps taking suction from the top of the tank shall be used. Flammable or combustible liquids shall not be dispensed by a device that operates through pressure Y.'ithin a storage tank. Air or oxygen shall not be used to pressurize an aboveground tank.

Section 5706.2.8.2 is added to read:
5706.2.8.2. Tank vehicle as a substitute for permanent tank prohibited. The use of a tank vehicle in a stationary manner as a substitute for an approved above ground or below ground fuel tank is prohibited.

Section 5806.2 is modified to read:
5806.2 Limitations. The geographic limit in which the storage of flammable cryogenic fluids in stationary containers is prohibited is hereby established as jurisdiction limits of the City of Poway.

15.24 .120 Liquefied petroleum gases.

Section 6104 .2 is modified to read:
6104 .2 Maximum Capacity VVithin Established Limits. The geographic limits in 1Nhich the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas is hereby established as jurisdiction limits of the City of Poway except for areas specifically zoned by the City for such uses.

Section 6107.5 is added to read:
6107.5 Securing Tanks to Ground (Liquefied Petroleum Gases). Tanks shall be secured to prevent the tank from rolling or moving 1Nhen required by the FAHJ.

15.24.1.f.J0 Chapter 80 Referenced Standards.

The following referenced standard of the California Fire Code is modified to read:

NFPA 13D is modified to read:

Section 7.1.5 is added to read:
29 of35

7.1.5 Pressure-regulating valve. When available system water pressure exceeds 150 pounds per square inch (psi}, a listed/approved pressure-regulating valve shall be installed at the system riser. Such valves shall be adjusted to restrict the outlet pressure to a maximum of 150 psi gauge (psigl at any flow or no flow. When such valves are installed submittal documents must include manufacturer information sheets along with charts showing the dimensions (size) and flow characteristics inlet and outlet pressures at various flows for the type of valve being installed, and the valve shall be included in the design calculations.

Exception: At the discretion of the FAHJ the contractor may install a listed/approved pressure relief valve, piped to the system main drain, set to relieve January 17, 2023, Item #7
Ordinance No. 859

Page 28 ends

the pressure at 175 psig, provided the available supply pressure does not mcceed 175 psig.

Section 7.2.5 is modified to read:

7.2.5 Inspector Test. Each sprinkler system shall have a 1/2" or larger test connection with a threaded keyless valve. The valve shall be remote to the riser, located on the building exterior about five 5 feet above final grade and shall be remote from the riser. It shall be labeled with a permanent plate with minimum 1/4" lettering, contrasting with background, and stating: "INSPECTOR TEST". (Pre-assembled riser assemblies with a built-in Drain/Test valve shall not be accepted for inspector test valve unless approved by the FAHJ.) Exception: Automatic fire sprinkler systems for manufactured homes installed at the factory may have the inspectors test valve located at the location as designed at the factory.

Section 7.3._1.J is added to read:

7.3._1.J Pressure gauge. A listed 300 psi pressure gauge shall be permanently installed at the riser.

Section 7.6 is modified to read:

7.6 Alarms. A water flow switch shall be provided and located on the sprinkler riser above the check valve and main drain 3nd shall actuate an audible fire alarm s¼gn-al-bell within 90 seconds. The 1Nater flow switch shall be a retarding type with a delay between 15 60 seconds before activation of the signal bell. The fire alarm bell shall have a minimum diameter of 8 inches and be mounted on the exterior in the vicinity of the master bedroom. The alarm bell shall be clearly audible in all bedrooms with intervening doors closed.

Section 8.3.4 is modified to read:

8.3.4. Sprinklers shall not be required in garages, open attached porches, and balconies, carports, and similar structuresmay be omitted from carports and open attached porches 111hen less than 4 feet in depth. However, attached and/or detached habitable garages shall be protected with quick response intermediate temperature rated sprinklerswith not more than 150 sq. ft. head spacing. Sprinkler heads in garages shall be protected against mechanical damage by approved guards, unless recessed heads are provided. Garage doors may be disregarded in the layout of the fire sprinkler system.

Section 8.3.5.1.1 is modified to read:

8.3.5.1.1. Where tAe-fuel-fired FAU equipment is located above all of the occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment.

Section 10.2.4 .1 is added to read:
30 of 35
January 17, 2023, Item #7
Ordinance
No
. 859
Page
29 10
.2.4
.1
3 Head
Calculation
. When
design
conditions
exceed
the
allowances
of
Section

10.2,
a
three
sprinkler
head
calculation
may
be
required
by
the
FAHJ
.

Section
11 .2.1.1
is
modified
to
read
:

11.2.1 .1
Hydrostatic
Tests
. Where
a
fire
department
connection
is
not
provided
,
tAe
s§ystem
shall
be
hydrostatically
tested
at
200
ps
i for
2 hours
.
15 .24.1J40
Appendix
B, fire-flow
requirements
for
buildings.

Section
8103.3
is
mod
ified
to
read:
8103.3
Areas
Without
Water Supply
Systems
. For
information
regarding
water
supplies
for
firefighting
purposes
in
rural
areas
and
suburban
areas
in
which
adequate
and
reliable
water
supplies
do
not
exist,
the
fire
code
official
is
authorized
to
utilize
provisions
in
NFPA
1142
, or
the
standard
published
by
the
Insurance
Serv
ices
Office
document
entitled
Guide
for
Determination
of
Required
Fire
Flow
.

15.24 .11:50
Conflict.

All
other
ordinances
or
parts
of
ordinances
in
conflict
herewith
are
hereby
repealed
. Wherever
a
conflict
exists
in
this
chapter,
the
more
restrict
ive
requirement
shall
apply
.

SECTION
6: This
Ordinance
shall
be
codified.

SECTION
7: Severability.

If
any
section,
subsection,
subdivision,
paragraph,
sentence
,
clause
or
phrase
of
this
ordinance
or
its
applicat
ion
to
any
person
or
circumstance,
is
for
any
reason
held
to
be
invalid
or
unenforceable
by
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
the
validity
or
enforceability
of
the
remaining
sections,
subsections,
subdivisions,
paragraphs
, sentences,
clauses
or
phrases
of
this
ordinance
, or
its
application
to
any
other
person
or
circumstance.

The
City
Council
declares
that
it
would
have
adopted
each
section
, subsection,
subdivision
, paragraph,
sentence,
clause,
or
phrase
hereof,
irrespective
of
the
fact
of
any
one
or
more
sections
, subsections,
subdivisions,
paragraphs
,
sentences,
clauses
, or
phrases
hereof
be
declared
invalid
or
unenforceable
.

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. 31
of
35 January 17, 2023, Item #7
Ordinance
No
. 859
Page
30 INTRODUCED
AND
FIRST
READ
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
6th
day
of
December
, 2022,
and
thereafter
PASSED
AND

ADOPTED
at
a
Regular
Meeting
of
said
City
Council
held
the
17th
day
of
January,
2023,
by
the
following
vote,
to
wit:

AYES: NOES
:

ABSENT: DISQUALIFIED
:

ATTEST
:

Carrie
Gallagher,
CMC,
City
Clerk
Steve
Vaus,
Mayor
32 of
35 January 17, 2023, Item #7

EXHIBIT
A
Findings
Supporting
the
City
of
Poway
Amendments
to
the
California
Fire
Code,
2022
Edition:

As
required
by
Health
and
Safety
Code
Section
17958,
the
Poway
City
Council
does
herewith
make
express
findings
that
amendments
to
the
California
Fire
Code,
2022
Edition,
are
necessary
for
the
protection
of
the public
health
, safety,
and
welfare
due
to
certain
climatic,
topographic,
or
geographical
features
existing
in
the
County
of
San
Diego
.

Findings
for
the
City
of
Poway
amendments
to
the
California
Fire
Code
, 2022
Edition.

FINDING
1 The
City
of
Poway
is
situated
on
the
slopes
and
at
the
base
of
the
coastal
mountains
with
drainage
from
the
eastern
portion
of
the
City
of
Poway,
including
the
San
Dieguito
River
and
Rancho
Penasquitos
Creek,
which,
when
flooded,
could
result
in
conditions
rendering
vehicular
access
unduly
burdensome
or
impossible
for
the
Fire
Department.

Further,
the
flood
conditions
described
above
carry
the
potential
for
overcoming
the
ability
of
the
Fire
Department
to
aid
or
assist
in
fire
control,
evacuations,
rescues
, and
the
emergency
tasks
and
demands
inherent
in
such
situations.

The
potential
for
the
aforementioned
flooding
conditions
to
result
in
limiting
Fire
Department
emergency
vehicular
traffic,
with
resulting
overtaxing
Fire
Department
personnel,
may
further
cause
a
substantial
or
total
lack
of
protection
against
fire
for
the
buildings
and
structures
located
within
the
jurisdiction
.

FINDING
2 The
City
of
Poway
is
situated
near
several
known
major
faults
, each
capable
of
generating
earthquakes
of
significant
magnitude
.

These
include
the
Rose
Canyon
fault
the
Newport
Inglewood
fault,
the
Coronado
Banks
fault,
and
the
Silver
Strand
fault,
(located
generally
west
of
the
City
of
Poway)
, and
the
Elsinore
fault
and
Agua
Caliente
fault
(located
east
of
the
City
of
Poway).

These
faults
are
subject
to
activity
at
any
time,
and
the
City
of
Poway
is
particularly
vulnerable
to
devastation
should
such
an
earthquake
occur.

The
potential
effects
of
earthquake
activity
include,
isolating
the
City
of
Poway
from
the
surrounding
area,
restricting
or
eliminating
internal
circulation
due
to
the
potential
for
the
collapse
of
highway
overpasses
and
underpasses
along
with
other
bridges
in
the
City,
or
an
earth
slide
and
the
potential
for
vertical
movement
rendering
surface
travel
unduly
burdensome
or
impossible
.

FINDING
3 The
City
of
Poway
and
Southern
California
are
semi-arid
regions
and
experience
water
shortages
from
time
to
time
.

Those
shortages
can
have
a
severely
adverse
effect
on
water
availability
for
firefighting.

Fires
starting
in
sprinkled
buildings
are
typically
controlled
by
one
or
two
sprinkler
heads
flowing
as
little
as
13 gallons
per
minute
per
sprinkler
head
activation.

Hose
streams
used
by
engine
companies
on
well-established
structure
fires
operate
at
a
minimum
of
about
250
gallons
per
minute
each,
and
the
estimated
water
need
for
a
typical
residential
fire
is
1,000
to
1,500
gallons
per
minute,
according
to
the
Insurance
Service
Office
and
the
California
Fire
Code
.
33 of
35 January 17, 2023, Item #7
Under
circumstances
such
as
lack
of
water,
infrastructure
, earthquakes
, and
multiple
and
wildland
fires
within
a
community,
the
limited
water
demands
of
residential
fire
sprinklers
would
control
and
extinguish
many
fires
before
they
spread
from
building
to
wildland.

In
such
a
disaster,
water
demands
needed
for
conflagration
firefighting
probably
would
not
be
available
.

FINDING
4 The
topography
of
the
City
of
Poway
presents
problems
in
delivery
of
emergency
services,
including
fire
protection.

The
hilly
terrain
has
narrow,
winding
roads
with
little
circulation
,
preventing
rapid
access
and
orderly
evacuation.

Much
of
these
hills
are
covered
with
highly
non
fire resistive
natural
vegetation.

In
addition to
access
and
evacuation
problems,
the
terrain
makes
delivery
of
water
extremely
difficult.

Some
hilly
areas
served
by
water
tank
and
pump
systems
are
subject
to
failure
in
fire
, high
winds,
earthquake
, and
other
power
failure
situations.

FINDING
5 The
seasonal
climatic
conditions
during
the
late
summer
and
fall
create
numerous serious
difficulties
regarding
the
control
of,
and
protection
against,
fires
in
the
City
of
Poway.

The
hot,
dry
weather
that
is
typical
of
this
area
in
summer
and
fall,
coupled
with
Santa
Ana
winds
and
low
humidity,
frequently
result
in
wildfires
that
threaten,
or
could
threaten,
the
City
of
Poway
.

Although
some
Code
requirements,
such
as
fire-resistive
roof
classification,
have
a
direct
bearing
on
building
survival
in
a
wildland
fire
situation,
others,
such
as
residential
fire
sprinklers,
may
also
have
a
pos
itive
effect.

In
a
dry climate
on
low
humidity
days,
many
materials
are
much
more
easily
ignited
. More
fires
are
likely
to
occur
and
any
fire,
once started
, can
expand
extremely
rapidly.

Residential
fire
sprinklers
can
arrest
a fire
starting
within
a
structure
before
the
fire
is
able
to
spread
to
adjacent
brush
and
structures
.

A
seasonal
wind
also
has
the
potential
for
interfering
with
emergency
vehicle
access
and
delaying
or
making
impossible
fire
responses
because
of
toppling
of
extensive
plantings
of
dense
chaparral,
eucalyptus
, and
conifer
trees
. The
trees
are
subject to
uprooting
in
strong
winds
due
to
their
relatively
small
root
bases
compared
to
the
tree
itself
. The
aforementioned
problems
support
the
imposition
of
fire-protection
requirements
greater
than
those
set
forth
in
the
California
Building
Code
or
Fire
Code.

FINDING
6 Due
to
the
topography
in
much
of
the
City
of
Poway,
roadway
condition,
gates,
angle
of
approach
or
departure,
steeply
sloping
roadways
, and
grades
are
common
.

In
addition
, a
combination
of
potentially
severe
rainstorms
and
ground-water
retention
could
occur
in
many
areas
of
the
City
where
there
is
expansive
soil.

This
produces
a
condition
wherein
the
moisture
content
of
the
soil
is
sufficient,
that
roadways
become
damaged
due
to
soil
expansion
and
shrinkage.

All
-weather,
paved
surfaces,
capable
of
supporting
the
imposed
loads
of
fire
apparatus
are
necessary
to
ensure
access
of
emergency
response
personnel.

These
roadways,
gates,
approach
angles
, steep
slopes,
and
grades
can
also
make
it difficult
for
fire
apparatus
and
other
emergency
vehicles
to
access
a
site.

It
is, therefore,
essential
that
these
roadway
accesses
be
provided
with
proper
all-weather,
paved
surfaces,
angle
of
approach
, grades,
and
gate
access
.

FINDING
7 The
City
of
Poway
has State
Route
67,
Poway
Road,
Scripps
Poway
Parkway
, Pomerado
Road
and
Espola
Road
as
major
roadways
within
its
boundaries
. Transportation
vehicles
carry
ing
known
toxic,
flammable,
explosive,
and
hazardous
materials
travel
these
roadways.
34 of
35 2
January 17, 2023, Item #7
The
potential
for
the
release
or
threatened
release
of
hazardous
materials
along
these
routes
is
likely
given
the
volume
that
is
transported
within
Poway
city
limits.

Incidents
of
this
nature
will
normally
require
all
available
emergency
response
personnel
to
prevent
injury
and
loss
of
life
and
to
limit
or
prevent
environmental
and
property
loss.

Emergency
personnel
responding
to
such
aforementioned
incidents
may
be
unduly
impeded
and
delayed
in
accomplishing
an
emergency
response
as
a
result
of
this
situation,
with
the
potential result
of
undue
and
unnecessary
risk
to
the
protection
of
life
and
public
safety
and,
in
particular,
endangering
residents
and
occupants
in
buildings
or
structures
without
the
protection
of
automatic
fire
sprinklers
.

The
aforementioned
problems
support
the
imposition
of
fire
protection
requirements
greater
than
those
set
forth
in
the
California
Building
Code
or
Fire
Code.
35 of
35 3
January 17, 2023, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT City of Poway
January 17, 2023
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services9\1)
Karen Tansey, Management Analyst ~
(858) 668-4684 or [email protected]

CITY COUNCIL
Approval of Agreement with Charlie's Classic Cooking to Provide Catering Services for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center
The City of Poway recognizes the importance of providing a robust congregate meal program at the Mickey Cafagna Community Center (MCCC) for older adults. In October 2021, the City entered into a short-term agreement to provide catering services with the eventual goal to contract with a long-term provider who would facilitate a traditional congregate meal setting. Two Request for Proposals (RFP) were issued. The first RFP was unsuccessful due to an incomplete proposal and was rejected by City Council on October 4, 2022. The second RFP received one complete proposal submitted by Charlie's Classic Cooking. The City and Poway Valley Senior Citizens Corporation (PVSCC) are currently operating under a reimbursement agreement to provide funding for the congregate meal service.

The costs are fully offset through a combination of participant fees and the generous contribution from the PVSCC. After reviewing the proposal, interviewing Charlie Heineke, and sampling his food, staff recommends entering into an agreement with Charlie's Classic Cooking to provide the older adult meal program at the MCCC.

Recommended Action:

It is recommended the City Council approve the Agreement and authorize the City Man.ager to execute all necessary documents associated with the Agreement between the City of Poway and Charlie's Classic Cooking to provide meal service for the Older Adult Congregate Meal Program at the Mickey Cafagna Community Center.

Discussion:

Background
On October 19, 2021, the City of Poway entered into an agreement with Feeding the Soul Foundation dba O'side Kitchen Collaborative (OKC) to provide the older adult congregate meal program at the 1 of 20
January 17, 2023, Item #8
MCCC.

The
term
of
the
agreement
was
six
months
with
the
option
to
renew
monthly
allowing
the
City
time
to
develop
and
issue
an
RFP
for
a
long-term
provider.

On
July
14,
2022,
the
City
distributed
and
advertised
an
RFP
for
the
congregate
meal
program
and
catering
services.

Unfortunately,
only
one
proposal
was
received
on
August
18 and
was
deemed
incomplete
because
it
lacked
specific
details
about
the
scope
of
services.

After
the
proposal
was
rejected
at
City
Council
on
October
4,
staff
re-scoped
and
re-advertised
the
RFP
and
sent
it
out
to
companies
(including
some
non-profits),
distributed
to
City
of
Poway
restaurants,
and
advertised
it
through
social
media
resources
.

One
complete
proposal
was
received
and
opened
on
November
15 from
Charlie's
Classic
Cooking
in
Escondido.

Charlie
Heineke
is
an
executive
chef
with
over
42 years
of
experience
cooking
in
restaurants,
hotels, hospitals,
and
community
churches.

He
has
worked
with
older
adult
programs
providing
weekly
meals
for
80 participants,
delivered
home
meals,
and
performed
catering
. Charlie's
proposal
includes
providing
the
meals,
plating
the
food,
and
cleaning
the
kitchen.

His
business
model
uses
two
additional
chefs
and
two
sous
chefs
to
provide
the
staffing
necessary
to
provide
the
Monday
through
Friday
meal
program.

The
scope
of
services
is
included
as
Attachment
1 of
Exhibit
A
to
the
Standard
Agreement
for
Services
(Attachment
A)
.

As
part
of
the
interview
process,
staff
and
PVSCC
toured
Charlie's
Classic
Cooking
commercial
kitchen
in
Escondido.

Charlie
shared
his
experience,
philosophies,
and
goals
for
the
congregate
meal
program.

He
also
provided
samples
of
his
food.

His
lunches
will
consist
of
a protein,
veggies
or
salad,
a
starch,
and
a
dessert
each
day.

Beverages
will
also
be
provided.

An
emphasis
will
be
placed
on
keeping
the
food
delicious,
at
the
appropriate
temperature,
and
eliciting
feedback
from
the
participants. As
described
in
Attachment
2 of
Exhibit
A
to
the
Standard
Agreement
(Attachment
A),
the
cost
per
meal
is
$16.

This
charge
is
higher
than
the
current
cost
of
$10.50
per
meal.

However,
the
current
meal
provider
also
charges
$150
per day
delivery/setup/cleanup
fee,
and
this
did
not
include
plating
the
food,
beverages,
desserts,
or
cleaning
the
kitchen
facilities.

The
City
and
PVSCC
are
currently
operating
under
a
reimbursement
agreement
to
provide
funding
for
the
congregate
meal
service
at
MCCC.

Participants
pay
$5
per
meal
and
PVSCC
pays
the
remaining
$5.50,
plus
the
daily
delivery/setup/cleanup
fee.

Based
on
the
goal
to
increase
the
congregate
meal
program,
PVSCC
recognizes
the
increased
cost
and
is
proposing
a
tiered
pricing
structure
similar
to
that
of
the
meal
program
at
the
former
Poway
Senior
Center.

Adults
50+
will
pay
$5;
staff,
caretakers,
and
special
needs
individuals
will
pay
$8;
and
other
guests
are
welcome
to
participate
at
$16.

The
City
will
pay
the
invoices
from
the
meal
provider
and
then
request
reimbursement
from
the
PVSCC
for
a
portion
of
the
costs.

The
City
will
revise
the
reimbursement
agreement
with
PVSCC
to
reflect
the
costs
described
above.

If
the
program
continues
at
its
current
level
of
service,
there
are
sufficient
funds
in
the
budget
to
pay
the
invoices
and
collect
the
offsetting
donation
from
PVSCC.

Assuming
the
City
Council
approves
the
proposed
agreement
, Charlie's
Classic
Cooking
will
begin
February

1. Environmental
Review:

This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
2 of20
January 17, 2023, Item #8
Fiscal
Impact:

Based
on
the
assumption
that
the
congregate
meal
program
will
continue
at
its
current
level
of
service,
there
are
sufficient
funds
in
account
208020-41200-20001
to
pay
the
meal
provider
invoices.

These
costs
will
be
fully
offset
through
a combination
of
participant
fees
and
reimbursement
from
the
PVSCC. Public
Notification:

None. Attachments: A.

Standard
Agreement
for
Services
Between
the
City
of
Poway
and
Charlie's
Classic
Cooking
Reviewed/Approved
By:

Wendy
Kaserman
Assistant
City
Manager
3 of20
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Ch
~
City
Manager
January 17, 2023, Item #8
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
17th
day
of
January,
2023
, by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Charlie
's
Classic
Cooking
(hereinafter
referred
to
as
"Consultant"). RECITALS

WHEREAS,
City
desires
to
obtain
the
services
of
a
company
to
provide
a
congregate
meal
program
for
older
adults
at
the
Mickey
Cafagna
Community
Center;

WHEREAS,
Consultant
is
a
chef
and
has
represented
that
Consultant
possesses
the
necessary
qualifications
to
provide
such
services
;

WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth
.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE

FOLLOWING
TERMS
AND

CONDITIONS
:

1. Scope
of
Services.

Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

2. Compensation
and
Reimbursement.

City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.

3. Term
of
Agreement.

The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.

4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.

Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Consultant.

During
said
60-day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.

This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City
. Termination
for
cause
shall
be
effected
by
4 of20

ATTACHMENT
A
January 17, 2023, Item #8
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
.

9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
5 of20
January 17, 2023, Item #8
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:
6 of20
(A)
Makes
a
governmental
decision
whether
to:

1. Approve
a
rate
, rule
or
regulation;

2. Adopt
or
enforce
a
law;

3. Issue,
deny,
suspend,
or
revoke
any
permit
,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;

4. Authorize
the
City
to
enter
into,
modify
, or
renew
a
contract
provided
it is
the
type
of
contract
that
requires
City approval;

5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;

6. Grant
City
approval
to
a
plan
, design,
report
, study
, or
similar
item;

7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City
, or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.

DISCLOSURE

DETERMINATION
:
~

1. Consultant/Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity
" as
defined
in
Sections
A
and
B
above
.

No
disclosure
required
.

2. Consultant/Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.

As
a
January 17, 2023, Item #8
result,
Consultant/Contractor
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.

15. Indemnification.
7 of20
January 17, 2023, Item #8
(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.
(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
8 of20
January 17, 2023, Item #8
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.

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, 9 of20
January 17, 2023, Item #8
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
Cal
PERS
while
providing
services
to
City.

Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56
.

A
copy
of
Government Code
section
7522
.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
10 of
20 January 17, 2023, Item #8
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.

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 Charles Heineke, Executive Chef Date: Date: -------------------------
ATTEST:

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

By: ____________ _
Alan Fenstermacher, City Attorney
11 of20
January 17, 2023, Item #8
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform cooking services as required by City, which shall consist of the congregate meal program further described in the Scope of Services submitted with the proposals dated November 11, 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 proposal dated November 11, 2022, which are included in this document as Attachment 2. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing February 1, 2023, and ending February 1, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended with a total of three (3) separate, one-year time extensions. The maximum length of the Agreement can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Consultant and subject to appropriation of funds. For the final three, one-year extensions of the contract, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less.

Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 20
January 17, 2023, Item #8
(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.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses: To
City:
13 of
20 City
of
Poway
P.O.

Box
789
Poway,
CA
92074
January 17, 2023, Item #8
To
Consultant:

Attachments:

1. Scope
of
Services

2. Proposal
14 of
20 Charlie's
Classic
Cooking
1291
Simpson
Way,
Suite
H
Escondido,
CA
92024
January 17, 2023, Item #8
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)
15 of 20
(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 January 17, 2023, Item #8
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.

A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receIvIng
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
16 of
20 (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.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
January 17, 2023, Item #8
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). 17 of 20
January 17, 2023, Item #8
Attachment
1 Scope
of
Services
for
the
Congregate
Meal
Program
at
the
Mickey
Cafagna
Community
Center
•
Meal
Provider
will
create
and
submit
monthly
menus
to
the
City
for
approval
45 days
prior
to
the
start
of
the
month.
•
Meal
Provider
will
prepare
meals
Monday
through
Friday,
except
on
Christmas
Day;
Thanksgiving
Day;
and
New
Year's
Day.

Other
holidays
can
be
negotiated
with
60 days
written
notice
to
City.
•
Lunch
will
be
served
from
11 :00am-12:30pm.

In
the
event
the
City
changes
the
start
and/or
end
time
, meal
provider
will
be
notified
30 days
in
advance.
•
City
will
provide
Meal
Provider
the
number
of
pre-paid
meals
by
noon
of
the
previous
day
.

An
alternative
reservation
method
can
be
arranged
with
City
.

All
ideas
should
be
provided
to
City
in
writing
30 days
prior
to
start
and
approved
prior
to
implementation.
•
The
Meal
Provider
shall
comply
with
all
federal,
state
,
and
local
laws
and
regulations
governing
the
preparation
and
handling
of
food;
and
procure
and
keep
in
effect
all
necessary
licenses,
permits
and
food
handlers'
cards
required
by
law;
and
post
such
licenses,
permits
and
cards
in
a
prominent
place
within
the
meal
preparation
areas.

Meal
Provider
will
deliver
to
the
City
a
copy
of
the
Meal
Provider's
last
Health
Inspection
Report.

Meal
Provider
will
deliver
to
the
City
a
copy
of
the
Meal
provider's
latest
Food
Manager's
Certificate.
•
The
Meal
Provider
shall
be
responsible
for:
ordering,
purchasing,
and
paying
for
quality
raw
food
items
and
consumable
supplies
to
be
used
in
the
preparation
of
all
meals
.

The
Meal
Provider
will
prepare
meals
in
a
commercial
kitchen
(at
the
Cafagna
Center
or
Charlie's
Classic
Cooking
site),
plate
the
food,
wash
the
dishes,
and
keep
kitchen
clean.

Meal
Provider
will
supply
the
cleaning
supplies
.

Storage
will
be
made
available for
all
necessary
food
and
equipment.

City
shall
be
responsible
for:
table
set-up
and
break-down,
serving
the
meals,
serving
beverages,
bussing
the
tables,
and
collecting
lunch
tickets
from
participants.
•
Meal
Provider
will
prepare
a
quantity
of
food
necessary
to
assure
that
shortages
do
not
occur
due
to
minor
serving
errors.
•
Meal
assessments shall
be
conducted
by
the
City
on
an
on-going
basis.

The
Meal
provider
shall
work
with
the
City
to
comply
with
reasonable
requests
for
changes
in
food
type,
preparation
method,
and
quality.

Records
will
be
maintained
by
City
staff
documenting
the
quality
of
food
and
service
received
from
the
Meal
Provider.

These
records
will
be
made
available
to
the
Meal
Provider
upon
request.
18 of
20 January 17, 2023, Item #8
•
Beverages
will
be
provided
by
the
Meal
Provider
and
the
cost
shall
be
calculated
into
the
price
of
the
meals.

Beverages
include,
but
are
not
limited
to,
water,
tea,
and
coffee
.

All
condiments
normally
associated
with
food
items
to
be
served
will
be
the
responsibility
of
the
Meal
Provider
and
shown
on
the
menus
submitted
to
the
City
for
approval.
•
Cutlery,
service
utensils,
trays,
small
wares,
and
cooking
pots/pans
will
be
provided
by
the
City
of
Poway.

The
Meal
Provider
will
replace,
with
like
kind,
or
pay
for
replacement
of,
all
City-owned
equipment
used
for
food
service
that
is
lost
or
damaged,
excluding
normal
wear
and
tear,
due
to
Meal
Provider's
actions.

City
will
perform preventative
maintenance
of
said
items.
•
Meal
Provider
shall
supply
all
staffing
for
cooking
the
meals,
plating
the
food,
washing
the
dishes,
and
keeping
the
kitchen
clean
.

Meal
Provider
shall
comply
with
all
applicable
federal,
state
and
local
laws
and
regulations
pertaining
to
wages
and
hours
of
employment.

In
the
event
staff
calls
in
sick,
Meal
Provider
must
secure
replacement
staff
in
order
for
meals
to
be
served
Monday
through
Friday,
with
the
exceptions
of
holidays.
•
The
Meal
Provider
shall
maintain
a temperature
record
documentation
system
and
said
temperature
record
will
be
implemented
and
maintained
to
ensure
sanitary
and
safe
food
handling
procedures.
•
City
can
provide
cubicle
office
space.

Meal
Provider
must
provide
computer,
printer,
and
office
supplies.
•
Meal
provider
may
submit
proposals
of
wrap-around
services
such
as
cooking
classes,
entertainment,
special
cooking
features,
etc
.
•
Although
not
required
for
award
of
this
proposal,
Meal
Provider
may
enter
into
a
contract
for the
exclusive
right
of
providing
catering
services
to
rental
clients
at
the
Mickey
Cafagna
Community
Center.

A
percentage
split
with
the
City
would
be
negotiated
for
providing
those
services.
•
Kitchen
will
be
exclusive
use
for
Meal
Provider
except
for
City
programming,
which
includes
but
is
not
limited
to,
Teen
Programs,
Kid's
Night
Out,
year-round
classes
and
summer
camps.

Care
will
be
provided
to
protect
all
City-owned
equipment
and
any
food
or
supplies
for
the
congregate
meal
program.
19 of20
January 17, 2023, Item #8
Attachment
2 Charlie's
Classic
Cooking
1291
Simpson
Way,
Suite
H
Escondido,
CA
92024
Staff
Model
Charles
Heineke
-
Owner,
Executive
Chef
-
42 years
of
experience
Chef
Johansson
Blank
- 7
years
of
experience
Chef
Nicole
Estrada
- 4
years
of
experience
Sous
Chef
Patryga
Miechowski
- 5
years
of
experience
Sous
Chef
Anna
Kechior
- 4
years
of
experience
Workflow
•
Menu
developed
by
Chef
Charles
and
sent
to
City
of
Poway
for
approval
45 days
prior
•
Number
of
Guests
provided
by
City
of
Poway
one
day
prior
•
Food
Purchasing
-
Chef
Charles
and
Chefs
-
will
be
done
2 times
per
week
•
Food
Prep
-Sous
Chef
-
night
before
food
is
cooked
•
Cooking
-overseen
by
Chef
Charles
and
Chef
-
the
day
of
service
•
Packaging
for
Transport
-
Sous
Chef
-
day
of
service
•
Delivery
-
Chef
-morning
of
the
event
•
Plating
Food
and
Serving
-
Sous
Chef
(volunteers
to
assist
with
serving)
•
Cleanup
-
Chef
and
Sous
Chef-
day
of
service
Cost
of
Services
$16.00
per
meal
Meals Consist
of
protein,
vegetables
or
salad,
starch,
and
dessert.

Beverages
will
include
water,
tea,and
coffee.

All
condiments
will
be
provided.
20 of
20 January 17, 2023, Item #8
January 17, 2023, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway

CITY COUNCIL
January 17, 2023
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 [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 the Director of Finance position. The City desires to hire a retired annuitant on a temporary basis while recruiting for the position. Government Code Sections 7522.56 and 21221 (h) 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 employed in a Director level position 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 21221 (h).

Discussion:

California Government Code Sections 7522.56 and 21221 (h) authorize the City to 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.

Tim McDermott has more than twenty-nine years of public sector finance experience. He retired from the City of Santee on September 23, 2022, after twenty-one years as the Director of Finance/City Treasurer. Prior to the City of Santee, he worked for the City of Temecula, including seven years as the Assistant Director of Finance. Before he was working in government, he worked for two public accounting firms primarily performing audits of government agencies. Based on a long and successful career in finance serving public agencies, Mr. McDermott has the specialized knowledge and skills needed to temporarily step into the role of Director of Finance with the City of Poway.

Along with the resolution, also attached is the employment agreement between the City of Poway and 1 of7
January 17, 2023, Item #9
Mr. McDermott, which outlines the terms of the temporary employment. To comply with the Government Code and hire Mr. McDermott as a retired annuitant, the City must submit to CalPERS 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 Tim McDermott as a retired annuitant for the position of Interim Director of Finance is anticipated not to exceed $90,000 and will be paid out of salary savings from the current Director of Finance vacancy in the Finance 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 21221 (h) Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
2 of7
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
January 17, 2023, Item #9
RESOLUTION NO. 23-

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 21221(h)
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, Tim McDermott retired from the City of Santee in the position of Director of Finance/City Treasurer, effective September 23, 2022;
WHEREAS, Tim McDermott previously held the position of Director of Finance/City Treasurer with the City of Santee for twenty-one years; WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is March 23, 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 Tim McDermott certify that Tim McDermott has not and will not receive a Golden Handshake or any other retirement-related incentive;
WHEREAS, an appointment under Government Code section 21221 (h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; WHEREAS, the governing body has authorized the search for a permanent appointment in December 2022;
WHEREAS, the Poway City Council hereby appoints Tim McDermott as an interim appointment retired annuitant to the vacant position of Director of Finance for the City of Poway under Government Code section 21221 (h), effective January 18, 2023; WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on July 18, 2023;
WHEREAS, the entire employment agreement between Tim McDermott 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 3 of7 ATTACHMENT A
January 17, 2023, Item #9
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 $12,710 and the hourly equivalent is $73.3313, and the maximum monthly base salary for this position is $17,795 and the hourly equivalent is $102.6635;
WHEREAS, the hourly rate paid to Tim McDermott will be $100.00; and WHEREAS, Tim McDermott 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 Tim McDermott as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Director of Finance for the City of Poway by January 18, 2023 because Mr. McDermott has specialized skills after serving as a Director of Finance with the City of Santee for twenty-one years which are needed over the next several months to address the financial matters of the City of Poway.

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of January 2023 by the following vote, to wit:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 of7
January 17, 2023, Item #9

EXHIBIT A

CITY OF POWAY
Retired Annuitant -Employment Agreement
Government Code (GC) sections 7522.56 and 21221(h) 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 21221(h), 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 Tim McDermott has been appointed to serve as Interim Director of Finance on an as needed, interim basis, beginning January 18, 2023, in order to address the financial matters of the City.

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.

Tim McDermott 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 an Interim Director ofFinance from $73.3313 to $102.6635. For the term of this agreement, Tim McDermott will be compensated at an hourly rate of $100.00, 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, Tim McDermott has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initials) 5 of7
January 17, 2023, Item #9
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 (f)l) Resolution #23-__ approved on January 17, 2023 (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(f)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(f) 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.

Tim McDermott did not receive a retirement incentive upon retirement. Mr. McDermott retired from public service effective September 23, 2022. Based upon an effective date of January 18, 2023, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement
l, Tim McDermott, Retired Annuitant, accept a limited appointment as a Interim Director of Finance 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 of7
January 17, 2023, Item #9

EXHIBIT B
City of Poway
Management/ Confidential Salary Schedule
Effective Sectember 20, 2022
Classification Title
I
Approx. Monthly I
Salarv Ran•e
City Manager 22,664
lr.,nHn 1 Cvomn> At-WHI 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 Ran~•
Grouc 2A Exemct 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 Mana~er {Y-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 Group 2B Exemct
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
GIS Analyst 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 Suoervisor 620 7,504-9,121 43.2917 Group 4 Non-Exemct
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 7of7
Hourly
I
Step 2
I
Step 3
I

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

32.2616 33.8747

43.9837 46.1827

35.7528 37.5413

40.4510 42.4745

36.6466 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

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
Step 4
I

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

35.5684

48.4920

39.4178

44.5975

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

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

61.5582

78.1167

69.6909

78.1167

52.6213

61.5582

46.5096

45.3752

69.6909

61.5582

45.3752

61.5582

37.3547

50.9165

41.3896

46.8285

42.4243

44.2678

42.4243

54.3067
46,8285
45,6863

62.2062
39,3952

43.4849

46.8285

47.9992

46.8285

54.3067

55.2853

42.4243

38.4343

35.6900

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,·o.-d ;il ;i rcguW.r meeting of
the Po\\nyCilyColIDCil on 9/20/1022

Poway City CouncilJanuary 17, 2023

Poway City Council
January 17, 2023