Agenda packet — Poway City Council, April 2, 2024 (part 1 of 2)

AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 April 2, 2024 I 7 p.m.

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

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.

Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting orthe announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.

To Watch Live:
www.poway.org/counci lmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

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

PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.

American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.

Steve Vaus
Mayor
Caylin Frank
Deputy Mayor
Peter De Hoff
Council member
Anita Edmondson
Council member
Brian Pepin
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.

CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.

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

2. Approval of the January 16, 2024 Regular City Council Meeting Minutes

3. Second Reading and Adoption of Ordinance No. 865 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 2.21, 13.12, 16.10, 17.40, 17.46, 17.47, 17.48 and

17.50 of the Poway Municipal Code to Eliminate the Rehearing Procedure and Amending Chapter

17.02 to Require Cost Recovery for Public Noticing of Private Development Projects"

4. Authorization to Purchase Technology Hardware Utilizing NASPO ValuePoint Purchasing Program Contract #7-15-70-34-002 from Nth Generation Computing, Inc

5. Authorization to Purchase One (1) Cab and Chassis Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF, One (1) Portable Screening Plant Utilizing Omnia Cooperative Purchasing Program Contract #159469 and Appropriation of Funds

6. Approval of Consultant Agreement with Frontier Energy, Inc., for the Zero Emission Vehicle Transition Assessment; RFP No. 24-012

7. Approval of Consultant Agreement with Matrix Consulting Group, LTD to Prepare a Cost Allocation Plan and Citywide User Fee Study
2 of 4 Regular City Council Meeting April 2, 2024
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:

8. General Plan Amendment (GPA) 24-0001, Amendment to GPA 21-001 and 21-002; a Request to Adopt the City of Poway 2020-2029 Housing Element
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the resolution approving GPA 24-0001 for the adoption of the City of Poway 2020-2029 Housing Element.

9. Specific Plan (SP) 22-0001, Environmental assessment (EA) 23-0001, General Plan Amendment (GPA) 22-0001, Zone Change (ZC) 22-0001, Zoning Ordinance Amendment (ZOA) 24-0001, Tentative Tract Map (TTM) 22-0001 and Development Review (DR) 23-0003; a request to adopt a specific plan, subdivide 11.5 acres of land and construct 63 new single-family residences, preserve one locally designated historic home and certify the associated Environmental Impact Report (EIR) City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, adopt the Resolutions and introduce the Ordinances for first reading by title only, waive further reading, and schedule the adoption for April 16, 2024.

STAFF REPORTS: None
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
AD!OURNMENT:
3 of 4 Regular City Council Meeting April 2, 2024
State of California
County of San Diego
)
) ss.
)

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on March 26, 2024.

Said meeting to be held at 7:00 p.m., April 2, 2024, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting April 2, 2024
April 2, 2024, Item #2
AGENDA RE PQ RT City of Poway
DATE:

TO:

FROM:

April 2, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the January 16, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• January 16, 2024 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the January 16, 2024 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. January 16, 2024 Regular City Council Meeting Minutes Reviewed/Approved By:
'1,~ L::::::=:=:, Wend~ serman
Assistant City Manager
1 of 7
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
April 2, 2024, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
January 16, 2024
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: Brian Pepin, Peter De Hoff, Anita Edmondson, Caylin Frank, Steve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; Deputy City Attorney Scott Cooper; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Brad Rosen; Director of Human Resources and Risk Management Jodene Dunphy; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Lieutenant Gavin Lanning, 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 Frank led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

Proclamation -Jeannie Hume
2 of 7 ATTACHMENT A
April 2, 2024, Item #2
City
of
Poway
-
Minutes
-
January
16,
2024
PUBLIC
COMMENT:

Loretta
Gibson,
representing
the
Poway
Library,
invited
the
community
to
participate
in
upcoming
activities
including
programs
for
both
children
and
adults.

CONSENT
CALENDAR:

Motioned
by
Mayor
Vaus,
seconded
by
Deputy
Mayor
Frank
to
approve
Consent
Calendar
Items
1 through

6. Motion
carried
5/0
by
the
following
roll-call
vote:

Ayes: Noes: Abstained: Absent: Disqualified:

Pepin,
De
Hoff,
Edmondson,
Frank,
Vaus
None None None None

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

2. Approval
of
the
October
3,
2023,
October
17,
2023,
and
November
7,
2023
Regular
City
Council
Meeting
Minutes

3. Acceptance
of
the
FY
2023-24
Citywide
Striping
Project
with
Statewide
Stripes,
Inc
., as
Complete

4. Approval
of
Consultant
Agreement
with
Engineering
Partners
Inc.,
to
provide
design
services
for
the
Water
Pump
Stations
Nos.
8 -
12 Motor
Control
Center
Upgrades;
RFP
No.
24-008

5. Award
of
Contracts
to
Econolite
Systems,
Inc
., and
STC
Traffic,
Inc.,
for
the
Traffic
Signal
Controller
Upgrades
-
Citywide
Communication
Improvements
Project,
Bid
No.
24-001,
and
Determine
the
Project
as
Categorically
Exempt
from
the
California
Environmental
Quality
Act

6. Award
of
Agreement
to
Agricultural
Pest
Control
Services,
Inc.,
for
As-Needed
Pest
Control
Maintenance
Services;
RFP
No.
24-010

ORDINANCES
FOR
INTRODUCTION:

7. Amendments
to
Chapters
17 .08
and

17.56 of
the
Poway Municipal
Code
Regarding
(1)
Multifamily
Development
Requirements,
(2)
Batch
Broadband
(Wireless
Communication
Facility)
Permit
Applications
Deputy
City
Attorney
Scott
Cooper
presented
the
item
and
explained,
as
part
of
the
City's
efforts
to
comply
with
updates
in
state
law
and
to
clean
up
outdated
provisions,
the
proposed
Ordinance
amends
two
sections
of
the
Poway
Municipal
Code
(PMC)
.

The
proposed
amendment
to
PMC
Chapter

17.08 would
remove
the
current
requirement
to
include
swimming
pools
in
all
multifamily
complexes,
giving
owners
the
option
to
include
this
amenity
at
their
discretion
.

The
proposed
amendment
to
PMC
Chapter
17 .56
relates
to
wireless
communication
facilities
(WCFs)
enacted
in
2019
providing
the
City
with
maximum
discretion
over
WCFs
within
the
City's
rights-of-way
as
permitted
by
state
and
federal
law.

Chapter
17 .56
was
thereby
created
3 of
7 April 2, 2024, Item #2
City of Poway -Minutes -January 16, 2024
in response to rulings making it clear much of the City's authority over WCFs in the right-of way is preempted by federal law.

Mr. Cooper noted, effective January 1, 2024, Assembly Bill (AB) 965 was enacted for the purpose of increasing access to internet broadband infrastructure thereby allowing for batch broadband permit processing of multiple permit applications at the same time, provided they're similar. He explained, cities with less than 50,000 people, which includes Poway, can adopt an Ordinance limiting the batch approval to a maximum of 25 applications, dramatically reducing the impact on City staff.

The proposed Ordinance would impose the authorized limit of 25 batched applications, consistent with the Council's direction to retain as much local control as possible and alleviate potential burdens that larger batches would impose on City staff.

Public Comment:

None.

End of Public Comment.

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

Ayes:

Noes:

Abstained:

Absent:

De Hoff, Edmondson, Pepin, Frank, Vaus
None
None
None
Disqualified: None
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to introduce Ordinance No. 864 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08 and 17.56 of the Poway Municipal Code to (1) Eliminate the Multifamily Swimming Pool Requirement, and (2) Limit Wireless Communication Facility Batch Applications to the Statutory Minimum," for first reading and schedule the second reading and adoption at the next regularly scheduled City Council meeting.

Motion carried 5/0.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

8. Approval of Encroachment Agreement (EA) between the City of Poway and Pome BESS, LLC for Long Term Encroachment of the Public Right-of-Way for the installation of an underground Gen-Tie (General Transmission) line
Associate Planner Shravani Gupta Singavarapu and Assistant City Manager Wendy Kaserman presented the item along with a PowerPoint presentation.

Ms. Singavarapu provided the project's background and stated the site location is within the South Poway Specific Plan (SPSP) area. She noted the Encroachment Agreement (EA) is 4 of 7
April 2, 2024, Item #2
City of Poway -Minutes -January 16, 2024
related to the battery storage project previously approved administratively by staff. A vicinity and zoning map showing the project site was presented. She described conditions included in the approved Development Review (DR) for the battery storage project noting the existing structures are to be demolished, and the site is to be redeveloped with a battery energy storage facility consisting of lithium-ion batteries housed in containers, inverters, transformers and associated equipment. An underground general transmission (gen-tie) line serves to interconnect from the project site to the SDG&E Pomerado Substation.

Ms. Kaserman described the item for consideration as an EA between the City and Pome BESS for long term access to the City's right-of-way to construct underground transmission lines. In order for the Pome BESS project to transmit power between their facility and the SDG&E Pomerado Substations, Pome BESS will need long term access to the City's right-of way for construction of the transmission line.

Ms. Kaserman described the terms of the agreement which include a per square foot charge with an escalator to increase the annual payments in accordance with inflation, renewal periods, maximum contract length, and termination clauses. The City included indemnity and assumption of risk provisions in the agreement and required maintenance of insurance provisions consistent with requirements for all City agreements, which would remain in place for the duration of the work on the public right-of-way. She noted review of the proposed agreement by all relevant City departments, including the City Manager's Office, City Attorney's Office, Development Services Department, Human Resources and Risk Management Department and the Fire Department and added the Fire Marshal and Deputy Fire Marshal review determined there was no safety risk with the underground gen-tie line which would be constructed in accordance with California Electric Code and California Fire Code.

Public Comment:

None.

End of Public Comment.

Council discussion ensued. Council noted the lack of public benefit in granting the long-term easement and use of the public right-of-way. Council also shared concerns over future expansion considerations for the site, battery replacement and battery efficiency. Council discussed the need for battery storage within Poway.

Responding to questions from Council, Ms. Kaserman discussed the annual fee and escalator clause in the agreement.

Kathy Lin, Chief Development Officer of Eolus North America and representing Pome BESS, responded to Council questions regarding the energy transmission output and storage capacity of the project. Ms. Lin also provided additional details on the design and engineering implications of upscaling the project.

Motioned by Councilmember De Hoff, to approve the Pome BESS Encroachment Agreement with Pome BESS, LLC and authorize the City Manager to execute the Agreement on behalf of the City, as well as make any minor modifications or take further action that may be necessary to effectuate the intent of the Encroachment Agreement. Motion died for lack of a second.
5 of 7
April 2, 2024, Item #2
City of Poway -Minutes -January 16, 2024
Following direction by Deputy City Attorney Cooper, Council amended their motion as follows:

Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to deny the Pome BESS Encroachment Agreement with Pome BESS, LLC. Amended motion to deny carried 4/1 (De Hoff: No)
Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Edmondson, Pepin, Frank, Vaus
De Hoff
None
None
None

9. Approving a CalPERS 180-day Waiting Period Exception to Hire a Retired Annuitant Director of Human Resources and Risk Management Jodene Dunphy presented the item. She explained the City has a current vacancy in the position of Associate Civil Engineer in the Capital Improvements Project section of the Engineering Division. She noted the critical need to temporarily fill the position during the open recruitment period so that critical capital improvement projects continue to move forward. She explained, recently retired Special Projects Engineer Mr. Jeff Beers has agreed to work on a temporary basis as a retired annuitant while the City recruits an engineer. Mr. Beers retired this past December (2023) after more than 22 years of service with the City of Poway and has the specialized knowledge, skills and abilities needed by the City. The formal recommendation is to approve the resolution waiving the CalPERS 180 day waiting period, so that Mr. Beers may work as a retired annuitant for the City of Poway.

Public Comment:

None.

End of Public Comment.

Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to approve Resolution No. 24-001 entitled "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)." Motion carried unanimously.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Pepin thanked Community Services staff for their work in organizing numerous community events over the holiday season.
6 of 7
April 2, 2024, Item #2
City
of
Poway
-
Minutes
-
January
16,
2024
Councilmember
De
Hoff
thanked
Fire
Chief
Jeff
Chumbley
and
the
Poway
Fire
Department
staff
for
their
assistance
on
a
personal
medical
matter.

Deputy
Mayor
Frank
echoed
her
appreciation
towards
City
staff
for
hosting
community
events
throughout
the
holidays.

Ms.

Frank
noted
an
increase
in
event
participation
following
the
absence
of
COVI
D
restrictions
.

Mayor
Vaus
acknowledged
the
Lake
Poway
Playground
Celebration,
held
on
Wednesday,
-
December
27 , 2023
, noting
the
newly renovated
playground
structures
. Mr
. Vaus
commented
positively
on
his
experience
participating
in
a
ride-along
with
local
Sheriff
's deputies
.

CITY

MANAGER
ITEMS:

City
Manager
Chris
Hazeltine
thanked
Council
for
their
approval
of
Item
9,
noting
the
difficulty
in
hiring
and
filling
City
positions
in
the
current job
market.

CITY

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

10. Conference
with
Legal
Counsel
-
Anticipated
Litigation
(Government
Code
§
54956.9(d)(2))
-
One
(1)
Case

11. Conference
with
Legal
Counsel
-
Existing
Litigation
(Government
Code
§54956.9(d)(1
))
-
One
(1)
Case;
Kelly
v. City
of
Poway,
United
States
Court
of
Appeals
for
the
Ninth
Circuit,
Case
No.
22-55920
Mayor
Vaus
recessed
the
Regular
City
Council
meeting
into
Closed
Session
at
7:40
p.m
.

ADJOURNMENT: City
Attorney
Alan
Fenstermacher
reported
no
action
was
taken.

The
meeting
was
adjourned
at
8:30
p.m.
7 of
7 Carrie
Gallagher,
CMC
City
Clerk
City
of
Poway,
California
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
April 2, 2024
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk u~
(858) 668-4435 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance No. 865 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 2.21, 13.12, 16.10, 17.40,

17.46, 17.47, 17.48 and 17.50 of the Poway Municipal Code to El iminate the Rehearing Procedure and Amending Chapter 17.02 to Require Cost Recovery for Public Noticing of Private Development Projects"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on March 19, 2024. There were four speakers.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

DE HOFF, EDMONDSON, PEPIN, FRANK, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 865.

Environmental Review:

None.

Fiscal Impact:

None.
1 of 6 April 2, 2024, Item #3
Public Notification:

A public hearing notice was published in the Poway News Chieftain on Thursday, March 7, 2024, and Thursday, March 14, 2024. An ordinance summary notice was published in the Poway News Chieftain on Thursday, March 28, 2024. 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. 865
Reviewed/Approved By:

Assistant City Manager
2 of6
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By: •
City Manager
April 2, 2024, Item #3
ORDINANCE NO. 865

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTERS 2.21 , 13.12,

16.10, 17.40, 17.46, 17.47, 17.48 AND 17.50 OF THE POWAY

MUNICIPAL CODE TO ELIMINATE THE REHEARING
PROCEDURE AND AMENDING CHAPTER 17.02 TO REQUIRE

COST RECOVERY FOR PUBLIC NOTICING OF PRIVATE

DEVELOPMENT PROJECTS
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the City Council of the City of Poway wishes to ensure that City resources, including City staff time, is used as efficiently as possible, and that duplication is avoided; WHEREAS, the City Council of the City of Poway has determined that the rehearing process set forth in Chapter 2.21 of the PMC is unnecessary, and that it is very unlikely the sufficient new and different information not available at a previous hearing would ever become available within 10 days after that hearing;
WHEREAS, the City Council of the City of Poway believes that the most appropriate forum for aggrieved persons to contest its decisions is in the Superior Court, rather than a rehearing in front of the City Council;
WHEREAS, the City Council of the City of Poway desires that both property owners and occupants within 500 feet of certain projects that require a public hearing receive advance notice of that hearing, but has also determined that the City should not bear the costs of noticing for private development projects, as it current does; and
WHEREAS, the City Council of the City of Poway is attempting to come closer to full cost recovery, and does not believe it is in the public's interest to bear costs on behalf of private, for profit developments.

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: Chapter 2.21 of the PMC is hereby deleted in its entirety.

SECTION 3: Section 13.12.110 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
3 ofG

13.12.110 Conditional use permit - City Council action.

The City Council may grant by resolution a conditional use permit as the permit was applied for or in modified form, or the application may be denied. The decision of the City Council is final and effective upon City Council approval within 1 O calendar days unless a request for a rehearing is filed in accordance 1Nith Chapter

2.21 PMC.

ATTACHMENT A April 2, 2024, Item #3
Ordinance No. 865

Page 2 ends

SECTION 4: Section 16.10.060 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:

16.10.060 City Council action Rehearing
The City Council's action to approve, conditionally approve or deny a tentative map is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.

SECTION 5: Section 17.40.050(8) of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:

17.40.050 Enforcement - Referral Rehearing
In cases where a request for a permit has been referred to the City Council for decision, its action is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter

2.21 PMC.

SECTION 6: Section 17.46.080 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:

17.46.080 City Council action Rehearing
The decision of the City Council is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.

SECTION 7: Section 17.47.080 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:

17.47.080 City Council action Rehearing
The decision of the City Council is final and effective upon City Council approval within 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.

SECTION 8: Section 17.48.060(8) of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:

8. Variations from regulations prescribed elsewhere in this chapter for fences, walls, hedges, screening and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Chapter

17.50 PMC. The decision of the City Council is final and effective upon City Council approval 1.vithin 1 O calendar days unless a request for rehearing is filed in accordance with Chapter 2.21 PMC.

SECTION 9: Section 17.50.100 of the PMC is hereby amended as follows, additions in underline, and deletions in strikethrough:
4of6 April 2, 2024, Item #3
17 .50.100 City Council action Rehearing
Ordinance No. 865

Page 3 ends

The decision of the City Council is final and effective upon City Council approval 1,e,iithin 10 calendar days unless a request for a rehearing is filed in accordance with Chapter 2.21 PMC.

SECTION 10: Section 17.02.06 is hereby added to Chapter 17.02 of Title 17 (Zoning) of the PMC, to read as follows:

17.02.060 Public Noticing
A. For all public hearings where the City is required to give notice of the hearing by mail or delivery under any provision of the PMC to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within a certain distance of the property subject to the public hearing, notice shall also be provided to the occupants of those same properties.

B. The project applicant shall bear all costs of providing notice required by this Section 17.02.060, as well as all other public notices required pursuant to any other section of the PMC.

SECTION 11: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").

SECTION 12: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.

SECTION 13: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 5 of6
II
II
II
II
II
April 2, 2024, Item #3
Ordinance No. 865

Page 4 ends

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 19th day of March, 2024, and thereafter.

PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of April, 2024, by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMG, City Clerk
6 of6 April 2, 2024, Item #3
April 2, 2024, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
April 2, 2024
Honorable Mayor and Members of the City Council
Brad Rosen, Interim Director of Finance 12-P--
Brad Rosen, Interim Director of Finance
(858) 668-4452 or [email protected]

CITY COUNCIL
Authorization to Purchase Technology Hardware Utilizing NASPO ValuePoint Purchasing Program Contract #7-15-70-34-002 from Nth Generation Computing, Inc The City of Poway (City) approved Fiscal Year 2023-24 Capital Improvement Project Fund budget includes funding to purchase technology hardware including servers, storage, and networking equipment for the Public Works utilities data center. The City is a member of several cooperative purchasing organizations including the National Association of State Procurement Officials (NASPO) ValuePoint which establishes and provides nationwide competitively solicited purchasing contracts that can be utilized by member agencies. For optimal pricing, it is recommended the purchase of the technology hardware be made through the NASPO ValuePoint Purchasing Program utilizing Contract #7-15-70-34-002 with Nth Generation Computing, Inc. The total estimated cost for this purchase, including hardware, associated software, and three-year 24/7 maintenance and hardware support, and sales tax is $190,695.03.

Recommended Action:

It is recommended the City Council authorize the purchase of technology hardware for Public Works utilities for a total cost of $190,695.03 from Nth Generation Computing, Inc and authorize the City Manager to execute any necessary documents.

Discussion:

In December 2023, the City Council approved the Utility Security Enhancement Capital Improvement Project (WT042) that included funding for new technology hardware at the water treatment plant.

Once procured, the hardware will be entered into the asset inventory and funds will be collected annually for future replacement.

It is recommended the servers, storage, networking equipment, associated software, and three-year 1 of 8
24/7 maintenance and support be purchased through the NASPO ValuePoint Purchasing Program utilizing Contract #7-15-70-34-002 with Nth Generation Computing, Inc. as the reseller. All agreements offered through the NASPO ValuePoint Cooperative Purchasing Program have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university, or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 • of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner .
. Environmental Review:

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

The total cost of the purchase of technology hardware for the Public Works utility data center is $190,695.03. There is sufficient funding available in the Utility Security Enhancement project (WT042) for this request.

P.ublic Notification:

None.

Attachments:

A. Nth Generation Quote {for cybersecurity purposes hardware detail is redacted) Reviewed/Approved By:

Wendy fl\aserman
Assistant City Manager
2 of 8
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
April 2, 2024, Item #4
April 2, 2024, Item #4
alt
h
..,.

G-EN
ERAT
ION
Account
Manager.

Carol
Herr
Inside
Sales
:

Mifi
Stewart
Email
Orders
To
:
orders@nth
.com
Email
:
carol.herr@nth
.com
Email
:
mifi
.stewart@nth
.com
Phone
: 858-45
·1-2383x-J72
Project#:
113690
-12
Proposal
Date:01/31/2024
Proposal
Expiration:
03/01/2024
Quoted
to
:

Dawn
Winter
City
of
Poway
13325
Civic
Center
Drive
P.O
. Box
789
Poway,
CA
92064-0789
Ship
to
:

Brad
Rosen
City
of
Poway
14445
Lake
Poway
Rd
Public
Works
Operations
Poway,
CA
92064
Water
Treatment
Plant
Project
-
----
-
-
-
-
:~ART#
____
Qn'_DESCRIPTION
_
____
UNIT
PRICE
__
EXT
PRICE
TAX
NASPO
The
following
was
quoted
in
accordance
with
the
CA
NASPO
ValuePoint
Contract
(California
Contract
#7-15-70-34-002)
and
utilizes
promotional
offers
. Please
make
your
purchase
order
out
to
Nth
Generation
Computing
and
Reference
the
CA
NASPO
ValuePoint
Contract
#7-15-70-34-002
.
-
2 $1
,312
.00
$2,624.00
y
-
2 $676.00
$1,352
.00
y
-
16 $436
.00
$6,976.00
y
-
2 $207
.00
$414.00
y
-
4 $207
.00
$828.00
y
-
2 $184
.00
$368.00
y
-
4 $116.00
$464.00
y
-
2 $282
.00
$564.00
y
-
2 $27
.00
$54.00
y
-
2 17055
Camino
San
Bernardo,
San
Diego,CA
92127
858-451-2383
nth
.com
Page
1 of
6 3
of8

ATTACHMENT
A
April 2, 2024, Item #4
.6Jlih
.IJITG-ENERATION
! --·· --
: Account Manager: Carol Herr
Inside Sales: Mifi Stewart
Email Orders To: [email protected]
. -
Email: [email protected]
Email: [email protected]
Phone: 858-451-2383x"f72
Project#: 113690 -12 Proposal Date:01/31/2024 Proposal Expiration:03/01/2024 Quoted to:

Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Ship to:

Brad Rosen
City of Poway
14445 Lake Poway Rd
Public Works Operations
Poway, CA 92064
Water Treatment Plant Project
-------------
PART# QTY DESCRIPTION UNIT PRICE EXT PRICE TAX ----~ ~--------~------------~----------------------------- -
$439.00 $878.00 y
-
$69.00 $138.00 y
-
$29.00 $58.00 y
-
$38.00 $76.00 y
-
$450.00 $900.00 N
-$41.00 $82.00 N
$4,677.00 $9,354.00 N
$25,130.00
-
1 $13,816.00 $13,816.00 y
-
2 $604.00 $1,208.00 y
-
2 17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 2 of 6 4 of8
April 2, 2024, Item #4
, Account Manager: Carol Herr
al'th -lnsid~-Sales: Mifi S;ewart -
..,,.,GiNERATIQN 'Em;ilOrdersTo:-o~ders@~thcom-
Email: [email protected]
Email: [email protected]
Phone: 858-45 l-2383x 172
Quoted to:

Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Project#: 113690 -12 Proposal Date: 01/31/2024 Proposal Expiration: 03/0112024 Ship to:

Brad Rosen
City of Poway
14445 Lake Poway Rd
Public Works Operations
Poway, CA 92064
Water Treatment Plant Project
---- --------------- ---- ------ -----
1 PART# QTY DESCRIPTION UNIT PRICE EXT PRICE TAX
------------~--~-------~~---~---------
-
1 $13,178.00 $13,178.00 y
-
16 $120.00 $1,920.00 y
-
2 $268.00 $536.00 y
-
2 $448.00 $896.00 y
-
2 -
1 -
1 $7,000.00 $7,000.00 N
-
1 $7,000.00 $7,000.00 N
$45,554.00
1 $6,773.00 $6,773.00 N
-
1 $2,542.00 $2,542.00 y
-
2 $11,821.00 $23,642.00 y
-
2 $1.00 $2.00 y
17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 3 of 6 5 of8
April 2, 2024, Item #4
1 Account Manager: Carol Herr
~h -Inside Sales: -Mifi Stewa~-
..,,, G•E N ER AT ION • Email Orders To:-o~d-ers@~th co~ Email: [email protected]
Email: [email protected]
Phone: 858-451-2383x'172
Quoted to:

Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Project#: 113690 -12 Proposal Date: 01/31/2024 Proposal Expiration: 03/01/2024 Ship to:

Brad Rosen
City of Poway
14445 Lake Poway Rd
Public Works Operations
Poway, CA 92064
Water Treatment Plant Project
--~------------------------
: ~ART#_ _ _ _____ QTY D_§S_~~IP_!10_N _ -~ __ _ ______ U~IT_P~l~E ___ EXT PRl~E~ TAX -
1 $14,537.00 $14,537.00 y
-
1 $1.00 $1.00 y
-
1 -
1 $1.00 $1.00 y
-
1 $14,736.00 $14,736.00 N
-
1 1 $1,566.00 $1,566.00 N
1 $1,777.00 $1,777.00 N
1 $3,116.00 $3,116.00 N
2 $2,533.00 $5,066.00 N
-
1 -
1 $8,295.00 $8,295.00 y
$82,054.00
Hardware
17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 4 of 6 6 of8
April 2, 2024, Item #4
Quoted to:

Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Project#: 113690 -12 Proposal Date:01/31/2024
Ship to:

Brad Rosen
City of Poway
Email: [email protected]
Email: [email protected]
Phone: 858-451-2383xH2
Proposal Expiration:03/01/2024
14445 Lake Poway Rd
Public Works Operations
Poway, CA 92064
Water Treatment Plant Project
------- - - ------
PART# QTY DESCRIPTION UNIT PRICE EXT PRICE TAX --------~----------------------------------~-~ -
1 $16,676.00 $16,676.00 y
-
1 $669.00 $669.00 y
-
2 $69.00 $138.00 y
Software
-
1 $1.00 $1.00 y
-
1 $1.00 $1.00 N
Support
-
1 1 $11,726.00 $11,726.00 N
SHIPPING 1 Shipping and insurance
$29,211.00
17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 nth.com Page 5 of 6 7 of 8
•
April 2, 2024, Item #4
Account Manager: Carol Herr
alih 'Inside Sales: Mifi Stewart
,,,,, G-ENERATIQN r E~ilOrders-;.o: [email protected]
Email: [email protected]
Email: [email protected]
Quoted to:

Dawn Winter
City of Poway
13325 Civic Center Drive
P.O. Box 789
Poway, CA 92064-0789
Project #:113690 -12
---------
Proposal Date: 01/31/2024
Ship to:

Brad Rosen
City of Poway
Phone: 858-451-2383x172
Proposal Expiration: 03/01/2024
14445 Lake Poway Rd
Public Works Operations
Poway, CA 92064
Water Treatment Plant Project
~~!!____ _ __ _____9:!r_DESCRIPTION _ UNIT PRICE EXT PRICE TAX

X ------------------CLIENT SIGNATURE DATE
Quote Subtotal
Tax Rate 7.750%
Est. Shipping *
Payment Terms
$181,949.00
$8,746.03
$0.00
Net 30 days
TOTAL DUE $190,695.03
• Thank you for allowing Nth Generation to provide you with the above quotation. Charges for Shipping will be additional. If you require an estimated shipping cost prior to issuing a purchase order, please contact your sales or inside sales rep. This quotation is the sole property of Nth Generation Computing, Inc. and is intended as an offer to sell goods and services to the client named in this quote. This document may not be reproduced, or provided to parties outside this organization, without written consent of Nth Generation Computing, Inc.

Remit to: Same Address
DUNS#: 78-1123211
Federal ID#: 33-0451285
CAGE Code: 0YVL 1
FOB: Destination
Ship Via: Fedex Ground/UPS/ Your designated carrier
Terms: Net 30 (On Approved Credit)
17055 Camino San Bernardo, San Diego,CA 92127 858-451-2383 8 of 8
nth.com Page 6 of 6
April 2, 2024, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPow9y
April 2, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Worksq4'
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Authorization to Purchase One (1) Cab and Chassis Utilizing Sourcewell Cooperative Purchasing Program Contract #091521-NAF, One (1) Portable Screening Plant Utilizing Omnia Cooperative Purchasing Program Contract #159469 and Appropriation of Funds
The City of Poway approved Fiscal Year 2023-24 Operating Budget includes funding to purchase one (1) cab and chassis and one (1) portable screening plant. The City participates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), and Omnia, which establish and provide nationwide competitively solicited purchasing contracts to be utilized by member agencies.

Sourcewell presented optimal pricing for one (1) cab and chassis from National Auto Fleet Group (Contract #091521-NAF) in the amount of $52,325.04. The vehicle meets the City's service requirements and specifications.

Omnia presented optimal pricing for one (1) portable screening plant from Safeware, Inc. (Contract #159469) in the amount of $319,240.63. The equipment meets the City's service requirements and specifications.

The total purchase price for the vehicle and equipment is $371,565.67.

Recommended Action:

It is recommended the City Council adopt a resolution authorizing the purchase of the following equipment:
1) One (1) Cab and Chassis ($52,325.04) from National Auto Fleet Group utilizing Sourcewell Cooperative Purchasing Contract #091521-NAF;
2) One (1) Portable Screening Plant ($319,240.63) from Safeware, Inc. utilizing Omnia Cooperative Purchasing Contract #159469;
3) Authorize an appropriation of $60,148.63 from the General Fund Unassigned Fund Balance to Streets Maintenance (411040-61040); and
4) Authorize the City Manager to execute any necessary documents. 1 of 5
April 2, 2024, Item #5
Discussion:

The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure. Annually, several of these vehicles and pieces of equipment must be replaced as they have exceeded their useful life or have excessive mileage. The current budget contains funding to replace one (1) cab and chassis and one (1) portable screening plant.

The City has one (1) 12-year-old flatbed dump truck that has exceeded its useful life and is scheduled for replacement. The dump truck is utilized by the Parks Maintenance division for hauling debris and transporting tools and equipment to work sites. Due to limited availability and shortened ordering timelines, staff was only able to obtain quotes for the cab and chassis at the present time. The flatbed dump body quote is in process and will be brought to the City Council at a later date for purchase authorization. It is recommended the cab and chassis be replaced through the Sourcewell Cooperative Purchasing Program utilizing National Auto Fleet Group. The quote for the new cab and chassis is within the budgeted amount.

The City has one (1) 30-year-old portable screening plant that has exceeded its useful life and is scheduled for replacement. The portable screening plant is utilized by Street Maintenance and other Public Works divisions to sift debris out of dirt to enable transport and secondary use. It is recommended the portable screening plant be replaced through the Omnia Cooperative Purchasing Program utilizing Safeware, Inc. The quote for the new portable screening plant exceeds the amount budgeted for its replacement by $60,148.63.

Staff reached out to local Poway dealerships, and they were non-responsive to quote requests. All agreements offered through Sourcewell and Omnia Cooperative Purchasing Programs have been awarded via a thorough Request for Bid (RFB) competitive solicitation program by a public agency/government entity (e.g., state, city, county, public university, or school district). The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.

The quote for the cab and chassis is as follows:

Unit Available Sourcewell Quote Vendor Funds Agreement No.

Cab and Chassis $75,000 091521-NAF $52,325.04 National Auto Fleet Group The quote for the portable screening plant is as follows:

Unit Available Omnia Quote Vendor Funds Agreement No.

Portable $259,092 159469 $319,240.63 Safeware, Inc. Screening Plant Copies of all quotes are on file with the Public Works Department. 2 of 5
April 2, 2024, Item #5
Environmental Review:

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

Fiscal Impact:

The City proactively plans for the replacement of its vehicles and equipment by annually setting aside a portion of the anticipated replacement costs along with inflationary cost adjustments to account for increases in equipment costs. The purchases will be made with funds from the Capital Replacement Fund (115010-61040) along with the division's operating budget (split-funded), for the purchase of one (1) cab and chassis and one (1) portable screening plant.

The total cost of vehicles and equipment to be purchased as a result of this action is $371,565.67. A total of $311,417.04 from Fiscal Year 2023-34 Capital Replacement Fund (115010-61040) and division split-funding accounts are budgeted and available for the purchase of these items.

Due to increased equipment costs for the portable screening plant, an appropriation in the amount of $60,148.63 is requested from the General Fund Unassigned Fund Balance to the Streets Maintenance Division (411040-61040) to cover the difference between the available funds and the purchase price.

Public Notification:

None.

Attachments:

A. Resolution
Reviewed/Approved By:

Wendyaserman
Assistant City Manager
3 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
April 2, 2024, Item #5
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF
ONE (1) CAB AND CHASSIS UTILIZING SOURCEWELL

COOPERATIVE PURCHASING PROGRAM CONTRACT
#091521-NAF, ONE (1) PORTABLE SCREENING PLANT

UTILIZING OMNIA COOPERATIVE PURCHASING PROGRAM
CONTRACT #159469 AND APPROPRIATION OF FUNDS
WHEREAS, the City of Poway (City) operates and maintains over 125 street-legal vehicles and other heavy equipment for the purposes of inspecting, maintaining and operating City facilities and infrastructure and to provide public safety services; WHEREAS, each year several of these vehicles and pieces of equipment must be replaced as they exceed their useful life or have excessive mileage; WHEREAS, the City proactively plans for the replacement of these vehicles and pieces of equipment by accumulating resources in the Capital Replacement Equipment Fund through annual rent charges to the various departmental operating budgets associated with the use of such vehicles and equipment;
WHEREAS, any additional amounts estimated to be required to replace vehicles and equipment in the year of the planned replacement that are in excess of the amounts accumulated in the Capital Replacement Equipment Fund are funded through additional amounts budgeted in the various departmental operating budgets associated with the use of such vehicles and equipment, thereby helping to ensure the financial sustainability of the Capital Replacement Equipment Fund;
WHEREAS, the Fiscal Year 2023-24 adopted operating budget includes amounts budgeted in both the Capital Replacement Equipment Fund and in departmental operating budgets for the purchase or replacement of various vehicles and equipment; and WHEREAS, Poway Municipal Code Section 3.28.110 provides for the use of cooperative purchasing programs for the purchase of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.

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

SECTION 1: The purchase of one cab and chassis from National Auto Fleet Group utilizing the Sourcewell Cooperative Purchasing Agreement No. 091521-NAF, at total cost of $52,325.04, is authorized.

SECTION 2: The purchase of one portable screening plant from Safeware, Inc. utilizing the Omni Cooperative Purchasing Program Contract No. 159469, at cost of $319,240.63, is authorized.

SECTION 3: The City Council authorizes the following appropriation of $60,148.63, from the General Fund Unassigned Fund Balance to Streets Maintenance account number 411040- 61040 for the purchase of one portable screening plant. 4 ofS ATTACHMENT A
April 2, 2024, Item #5
Resolution No. 24-

Page 2 ends

SECTION 4: The City Manager is hereby authorized to execute any documents necessary for these purchases.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 5
April 2, 2024, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

April 2, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services ,M
Miguel Solano, Assistant Engineer
(858) 668-4653 or [email protected] M ~
Approval of Consultant Agreement with Frontier Energy, Inc., for the Zero Emission Vehicle Transition Assessment; RFP No. 24-012
This action will award a Consultant Agreement to Frontier Energy, Inc., to develop a plan for transitioning the City's fleet to electric vehicles for the Zero Emission Vehicle Transition Assessment project to comply with the California Air Resources Board Advance Clean Fleet Regulations.

Recommended Action:

It is recommended the City Council approve the Consultant Agreement (Attachment A) with Frontier Energy, Inc., in the amount of $133,558.00, for the Zero Emission Vehicle Transition Assessment project, per the outlined terms of the agreement and authorize the City Manager to execute the necessary documents.

Discussion:

To comply with California Air Resources Board Zero Emission Vehicle mandate and Advanced Clean Fleet Regulations, the City of Poway plans to work with Frontier Energy, Inc. to assess the current fleet replacement schedule, facilities and infrastructure and develop a plan for transitioning the City's municipal fleet to electric vehicles, with the goal of converting the majority of the City's fleet to electric vehicles by 2035, as mandated by California Law.

The California Air Resources Board's Advance Clean Fleets Regulation requires fleets operating in California to begin the transition to zero emission technology. Specific to municipal fleets, 50 percent of the total number of new vehicle purchases must be zero emission beginning in 2024, increasing to 100 percent beginning in 2027. The regulation allows cities to continue operating existing vehicles throughout their useful life. This is an unfunded mandate by the State of California.

On January 18, 2024, the Development Services Department issued a Request for Proposal (RFP No. 24-012), to develop a Fleet Electrification and Electric Vehicle Charging Plan. The City received proposals from six consulting firms. After evaluating and scoring the proposals, staff concluded 1 of 21
April 2, 2024, Item #6
Frontier Energy, Inc., is the most qualified consultant for this project. Frontier Energy, Inc., is familiar with this type of work and presented a team with specific experience with zero emission vehicle transition assessments and preparation of electric vehicle charging plans.

The project scope includes gathering the data necessary to develop the plan for transitioning the City's fleet to electric vehicles, including an analysis of charging infrastructure needs, preparation of preliminary site and design plans, cost estimates, schedules for required infrastructure improvements and coordination with SDG&E. The consultant will also present funding requirements and potential sources of alternative funding and/or incentives available to the City to help reduce the costs of the required transition.

Environmental Review:

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

Fiscal Impact:

The consultant's fee will be based on the scope of work as outlined in Attachment A and the not-to exceed fee of $133,558.00. There is sufficient funding available in the Zero Emission Vehicle Transition Assessment project (MN052) for this request.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wen€ aserman
Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
April 2, 2024, Item #6
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 3rd day of April, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and FRONTIER ENERGY, INC., (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to develop a plan for transitioning the City's fleet to electric vehicles for the Zero Emission Vehicle Transition Assessment project (Project);
WHEREAS, Consultant is an energy engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.

Termination for cause shall be effected by delivery of written notice of termination to Consultant.

Such termination shall be effective upon delivery of said notice. 3 of 21 ATTACHMENT A
April 2, 2024, Item #6

5. Confidential Relationship.

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.

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. 4 of21
April 2, 2024, Item #6
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

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

No disclosure required.

D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Robert J. Manis, Director of Development Services

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 5 of21
April 2, 2024, Item #6
(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.

13. Licenses, Permits, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.

14. Consultant's Insurance.

Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective 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.
6 of 21
April 2, 2024, Item #6
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity • which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (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. 7 of 21
April 2, 2024, Item #6
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.

Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.

22. Counterparts.

This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 21
April 2, 2024, Item #6
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.

A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified
.

25. Severability.

If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank)
9 of
21 April 2, 2024, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY FRONTIER ENERGY, INC.

By: __________ _ By: ___________ _
Chris Hazeltine, City Manager Chris White, Director
Date: ___________ _ Date: ___________ _
· ATTEST: -
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:

By: ____________ _
Alan Fenstermacher, City Attorney
10 of 21
April 2, 2024, Item #6
A.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
Scope
of
Services.

Consultant
agrees
to
perform
consulting
services
as
required
by
City,
which
shall
consist
of
the
energy
efficient
plan
services
further
described
in
the
Scope
of
Services
submitted
with
the
proposals,
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
.

Compensation
and
Reimbursement.

City
shall
pay
Consultant
a
fee
in
accordance
with
the
Fee
Proposals
submitted
with
the
proposals,
which
are
included
in
this
document
as
Attachment

2. Total
fee
is
not
to
exceed
One
Hundred
Thirty-Three
Thousand
Five
_ Hundred
Fifty-Eight
($133,558)
. 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
.

Consultant
shall
bill
City
for
such
expenses
as
incurred,
referencing
this
Agreement.

All
expenses
shall
be
itemized
and
supported
by
receipts
for
amounts
in
excess
of
Twenty-Five
Dollars
($25
.00).

Statements
for
reimbursement
of
expenses
shall
be
paid
within
ten
(10)
days
of
approval
by
City.

All air
travel
shall
be
billed
at
coach
or
special
fare
rates
.

Reimbursement
for
lodging
is
limited
to
travel
from
outside
of
San
Diego
County.

Consultant
shall
receive
prior
authorization
for
air
travel
and
lodging
expenses
. All
other
expenses
shall
be
reimbursed
in
accordance
with
City's
cash
disbursement
policies
in
effect
at
the
time
incurred
.

Term
of
Agreement.

This
Agreement
shall
commence
and
be
effective
as
of
April
3,
2024
("Effective
Date"),
and
shall
automatically
terminate
upon
completion
of
the
Project,
as
determined
by
the
City
in
its
sole
discretion,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination."
Upon
the
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.

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
.
11 of
21 April 2, 2024, Item #6
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.

All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance
.

2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions
:
(a)
Additional
Insured
.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City
."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage
.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.

It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."

3. Insurance
Certificates
:

Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.

Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:

To
City:

To
Consultant:
12 of
21 City
of
Poway
-
Development
Services
13325
Civic
Center
Drive
Poway,
CA
92064
Frontier
Energy,
Inc.

PO
Box
530293
Atlanta,
CA
30353
April 2, 2024, Item #6
Attachment 1
Scope of Work
The following sections are an overview of our unique approach to successfully completing the tasks in the RFP scope of work and tasks that other counties and cities have found beneficial. Tasks are not necessarily in chronological order, and some tasks need to occur simultaneously.

Task O: Project Management
Frontier will schedule and facilitate a pre-planning meeting with City staff and a kick-off meeting with the department stakeholders to clarify goals and expectations, and establish reasonable timelines and processes for data collection, document reviews, and deliverable feedback. After the meetings, Frontier will revise project plan milestones, deadlines, and tasks. Project revisions will be posted on SmartSheet, which the project manager can access. Frontier will then schedule regular project review meetings and submit monthly progress reports. We will set up a shared folder on Microsoft Teams or a platform that the City prefers.

Frontier progress reports typically show work accomplished, milestones reached, deliverable dates, planned activities, and challenges encountered.

Deliverables: Revised project plan, shared folders, monthly progress reports, and meetings; Meeting schedule, agendas, meeting materials, and meeting notes.

Task 1: Data Collection and Analysis
This task includes:
• Compiling information about existing conditions, vehicles, facilities, infrastructure, equipment, and operational activities and needs via interviews, data collection, and data transfer. • Reviewing the City's replacement schedules for near-term ACF compliance and long-term fleet electrification.
• Preparing current energy usage analysis and forecasting the energy needs for a ZEV fleet.

To collect data about Poway's existing fleet vehicles, we can set up data transfers from software programs (asset management, telematics, and GPS) and/or send our Excel data collection template. We will coordinate with department heads to gather the data that is summarized in Table 3. If that data isn't available, we can make assumptions based on duty cycles of vehicles in similar agency departments. If not completed, we can help OMWD meet the March 31, 2024, initial reporting deadline.

Table 3: Vehicle Data Collection
---I -----------------
• Ideal Vehicle Information . ' Alternative , • • ACF Required Vehicle VIN, owned or leased Vehicle ID, make, model, vehicle Make, model, vehicle type/class, fuel, type/class, fuel, owned or leased engine age
.

Date placed into service and Life cycle (years or miles) Date placed into service scheduled to be replaced
Assigned division Assigned department
Domicile address and hours parked Domicile address Required for exemption requests Monthly miles, fuel consumption, Annual miles, fuel consumption, days Odometer reading on 12/31 each hours/days in operation, maximum in operation, primary use year distance, primary use
Annual O&M cost: fuel, maintenance,
insurance, licensing, fuel Annual O&M cost: subset
infrastructure
Budgeted replacement cost Source and amount of state funding

Page 1173 of 21 ends

April 2, 2024, Item #6
Frontier
will
collaborate
with
the
City
on
the
fleet
procurement
plan
for
2024
and
2025
to
ensue
ACF
requirements,
and
to
choose
the
initial
compliance
pathway
(milestone
or
traditional)
based
on
the
availability
of
market-ready
vehicles
and
the
ability
to
use
state
funding
programs
like
HVIP
and
Carl
Moyer.

By
the
end
of
the
project,
we
will
establish
systems
to
collect
and
report
annual
data,
apply
for
extensions
and
exemptions,
and
evaluate the
pros
and
cons
of
changing
compliance
pathways
.

Frontier
will
also
create
a year-by-year
ZEV
replacement
schedule
to
reach
a fully
(or
mostly)
electrified
fleet
by
a target
year
that
the
City
chooses.

For
vehicles
that
will
be
replaced
between
2024
and
2026,
we
can
recommend
makes and
models
from
our
database
of
available
and
soon-to-be
available
ZEVs.

After
2027,
we'll
recommend
a class
of
vehicle
(e.g.,
a Class
2 pick-up,
a Class
4 vocational
truck)
to
allow
for
the
flexibility
of
new
EV
makes and
models.

If
a ZEV
is
not
expected
to
be
available
within
ten
years,
we
can
recommend
other
fuels
that
California
regulations
will
accept
.

Using
the
ZEV
replacement
plan
and
the
duty
cycle
of
the
current
fleet,
we
will
calculate
the
daily
energy
needed
to
charge
a comparable
EV
at
its
parking
facility
and/or
estimate
hydrogen
demand.

We
work
with
other
water
public
agencies
and
understand
the
unique
requirements
of
vehicles
that
can
be
"on
duty"
at
a moment's
notice
and
must
operate
for
hours
(or
days)
for
repairs,
maintenance,
and
to
respond
to
emergencies.

Our
energy
calculations
consider
everyday
energy
needs
and
days
of
extreme
need.

Deliverables
: ACF
compliance
plan
and
fleet
transition
plan
are
added
to
the
digital
dashboard
.

Spreadsheets
are
linked
to
the
dashboard.

Facilities For
each
facility
or
site
that
will
support
permanent
or
mobile
charging
stations,
OKS
will
collect
and
analyze
the
following:
•
12 months
of
electric
meter
readings
•
Existing
electric
rates
and
planned
changes
•
Planned
upgrades
that
may
impact
electrical
service
•
Existing
as-built
drawings
(which
includes
but
not
limited
to
electrical
systems,
one-line
diagrams,
panel
schedules,
civil
plans,
and
parking
management
systems)
•
Output
ofonsite
PV
(if
applicable)
•
Existing
or
planned
charging
stations
(if
applicable)
•
Use
data
from
existing
fueling
infrastructure
Deliverable:

Short
memo
that
summarizes
findings
Task
2:

Infrastructure
Needs
Assessment
This
task
includes:
•
Estimating
future
energy
needs
for
charging
by
facility
•
Identifying
challenges
and
solutions
to
meet
infrastructure
improvement
timelines
•
Creating
planning
level
site
and
design
plans
for
each
facility
that
can
be
used
for
Power
Your
Drive
for
Fleets
application
•
Assessing
the
costs
and
benefits
of
energy
generation
and
storage
Using
the
data
from
the
fleet
transition
plan,
OKS
will
work
with
project
stakeholders
to
evaluate
various
charging
strategies
that
include
dedicated
chargers
(each
vehicle
has
its
own
plug),
shared
charging
(vehicles
take
turns
at
a plug),
charging
speeds
(Level
2,
slow
DC,
fast
DC),
and the
need
for
mobile
and
temporary
charging.

OKS
can
estimate
the
costs to
add
charging
in
phases
so
that
charging
stations
are
installed
slightly
ahead
of
vehicle
deployment
as
well
as
to
comply
with
Poway's budget
cycle.

Using
the
fleet
replacement
plan
in
Task
1,
OKS
will:
.
.
•
Identify
charging
infrastructure
types
(Level
1,
Level
2,
direct
current
fast
charge
[DCFC],
or
mobile
chargers)
and
numbers
of
charging
stations
at
needed
at
each
facility
•
Estimate
the
additional
electric
load
caused
by
fleet
charging
at
each
facility
and
develop
load
profiles
Page
1$14
of
21 April 2, 2024, Item #6
•
Evaluate
"smart
charging
approaches"
and
strategies
to
reduce
capital
and/or
operating
costs
that
include
shared
charging
stations,
vehicle-to-grid
and
vehicle-to-building,
and
load
or
charge
management
software
•
Estimate
capital
costs
to
buy
and
install
charging
stations,
including
the
cost
of
increasing
electrical
capacity
•
Estimate
operation
and
maintenance
costs
for
charging
stations
and software
•
As
needed,
recommend
alternative
strategies
that
may
include
using
public
charging
stations,
home-
based
charging,
or
using
hydrogen
or
other
low-carbon
fuels
DKS
will
conduct
virtual
and
physical
site
assessments
to
make
sure
that
the
facilities
can
accommodate
planned
charging
stations,
which
includes
distance
from
the
electrical
service,
capacity
of
the
panel
and
transforme1~
and
potential
improvements
to
the
parking
lot
facility.

Glumac
will
analyze
each
facility
for
potential
upgrades
or
improvements
to
increase
efficiency
and
decrease
utility
costs,
and
the
costs
and
payback
of
adding
solar
technology,
energy
storage,
controls
for
electric
load
management,
and/or
back-up
power
systems
for
resiliency.

DKS
will
produce
an
11"
x 17"
summary
sheet
for
each
facility
that
includes
the
results
of
all
data
analysis,
recommended
charging
strategy
(or
strategies),
cost
to
install
the
charging
stations
and
other
infrastructure,
and
design
recommendations
that
include
electrical
transformer
and
panel
sizing,
Figure

6. These concept
drawings
can
be
used
for
RFPs,
bids,
and
incentive
applications,
including
SDG&E's
Power
Your
Drive
for
Fleets
application.

If
desired,
OKS
can
complete
60%
and
90%
designs
with
specs,
plans,
and
designs
and
oversee
installation
of
charging
stations.

Figure
6:

Sample
DKS
summary
sheet
. -· --~
Optional
task:

Frontier
and
Glumac
can
evaluate
the
availability
of
hydrogen
for
heavy-duty
vehicles
and
can
conduct
an
economic
assessment
of
Poway's
WWT
to
produce
hydrogen
from
methane
for
its
own
use
and,
potentially,
to
sell
to
other
hydrogen
users.

This
analysis
would
align
with
California's
ARCHES
H2
Hydrogen
Hub
initiative.
-·-:
-·:
'
.
• ---~
--~
--~-,
:::·~:
·:.~_:·:::··""'
.::;
--
J
,.,
·••"
"•-··
··
"·.
:.:·~·::
~
-
, ••
•
•.
··:
·
··
·'
'•
....

Deliverables:
90%
Conceptual
Charger
Layout
Plans,
charging
strategies
and
onsite
power added
to
digital
dashboard.
:·t.: .. ~·-;··~::
-.. :·..:-··::•·'.~;;
:".-:.:::-:
~:::·; :.:.:-~--::··
•• ~--~
~
....
.... .

Task
3:

SDG&E
Coordination
This
task
includes
•
Evaluating
existing
utility-side
capacity
at
each
facility.
•
Coordinating
with
SDG&E
about
timing,
cost,
and
funding
electrical
upgrades.
...........
_.
,...
-..
····•:·
•"•
",'
•'•
•
Assisting
City
staff
with
applications
to
SDG&E
funding
programs
such
as
Power
Your
Drive
for
Fleets
and
engineering
analysis
applications.
•
Coordinating
and
attending
meetings
and
site
visits
as
needed.

In
our
other
fleet
transition
projects,
we
find
that
most
facilities
have
sufficient
power
Level
2 charging
for
a
few
vehicles,
however
that
power
quickly
becomes
constrained
as
addition
EVs
need
to
charge
every
night.

If
Poway
is
also
switching
its
facilities
from
natural
gas
to
electricity
for
space
and
water
heating,
we
need
to
include
that
electrical
load
in
the
engineering
analysis.

Glumac
will
coordinate
with
SDG&E
about
existing
and
planned
services,
and
the
costs
and
timelines
of
adding
electrical
service
at
each
facility.

Glumac
will
also
support
the
City's
application
to
SDG&E
for
funding.

SDG&E
typically
has
a lead
time
of
6-12
months
for
new
services
or
additional
load
that
might
require
upgrades
on
the
Medium
Voltage
side.

Glumac
will
coordinate
with
SDG&E
at
every
intersection
to
ensure
that
the
new
EV
services
are
brought
online
as
quickly
as
possible.

Deliverables:

Timeline
for
electrical
upgrades,
support
with
application.

Page
1~
of
21 April 2, 2024, Item #6
Task
4:

Projected
Costs
and
Barriers
to
Fleet
Conversion
This
task
includes:
•
Cost
estimates
for
EVs
and
fleet charging
infrastructure
•
Estimated
costs
of
routine
maintenance
•
Recommendations
for
personnel
scheduling
adjustments, retooling,
etc
The
Frontier
team
will
work
with
stakeholders
to
create
a phased
implementation
plan
for
ZEV
transition
that
aligns
with
City
goals
and
budget
periods
and
specifies
lead
times
for
ordering
vehicles
and
planning
for
charging
stations
. We
add
all
information
to
the
digital
dashboard,
which
can
be
used
to
budget
capital
and
operation
costs
for
vehicles
and
infrastructure.

Cost
analysis
includes:
•
Procurement
costs
of
ZEVs
by
year
and
by
department
•
Capital
costs
for
charging
stations
that
includes
construction,
materials,
and
equipment
by
phase
and
by
facility
•
Operating
costs
for
charging
stations
that
includes
energy
use,
networking
fees,
and
equipment
maintenance
by
year,
by
department,
and
by
facility
•
TCO
by
year
that
includes
potential
revenue
from
Low
Carbon
Fuel
Standard
(LCFS)
credits
and,
if
desired,
revenue
from
sharing
charging
stations
with
employees
and/or
the
public.
•
Greenhouse
gas
emission
reduction
by
year
In
addition
to
addressing
the
when,
where,
and
how
of
deploying
vehicles
and
stations,
we create
a Best
Practices
report
about
important
issues
that
include:
•
Considerations
for
adding
charging
during
renovations
or
when
moving
to
a new
facility,
and
working
with
landlords
at
leased
facilities
•
Options
for
cost
recovery
from
charging
stations:
fees
for
public/employee
use
of
a charging
stations,
and
charge-back
fees
to
departments
and
agencies
•
Adhering
to
ADA
requirements
charging
stations
•
Types
of
data
that
agencies
can
(and
must)
collect
and
analyze,
and
requirements
to
use,
share,
and
protect
the
data
•
Labor
laws,
OSHA
requirements,
IRS
guidelines,
and
other
non-vehicle
state
and
federal
regulations
to
consider
when
designing
and
deploying
ZEVs
and
ZEV
fueling
•
Vendor-provided
training
and
training
that
stakeholders
will
need
to
source,
and
types
of
training
that
all
City
staff
should
receive
about
driving
and
charging
EVs
•
Recommendations
for
tools,
equipment,
and
processes
for
maintenance
facilities
and
maintenance
staff
Deliverables:

Phased
implementation
plan,
Best
Practices
report,
TCO
incorporated
into
digital
dashboard
Task
5:

Fund
ing
Mechanisms
and
Strategies
This
task
includes:
•
Funding
requirements
for
grants
and
incentives
•
Potential
sources
of
funding
and
financing
Throughout
the
project,
the
team
will
alert
the
stakeholders
to
funding
and
financing
opportunities.

Our
goal
is
to
ensure
that
Poway
can
apply
for
a grant,
incentive,
voucher,
or
pilot
project
as
soon
as
it
becomes
available. We
also
evaluate
ownership
models
that
include
the
cost
and
revenue
of
agencies
owning
and
operating
the
charging
stations,
shared
ownership
with
a service
provider,
or
Charging
as
a Service
(or
Fleet
as
a Service)
in
which
a vendor
owns
and
operates
the
charging
stations
(and
EVs)
for
a monthly
fee
.

If
desired,
we can
analyze
and
provide
information
about
other
financing
mechanisms,
like
leasing
vehicles
and
infrastructure,
use
bond
or
bond-like
financing,
and
using
low-interest
loans from
California's
iBank
or
the
federal
government.

Page
2016
of
21 April 2, 2024, Item #6
Task
6: Phased
Ma
ster
Plan
Throughout
the
project
we
present
multiple
phasing
and
implementation
strategies
and
refine
them
with
stakeholder
input.

The
digital
dashboard
and
ACF
Compliance
Tool
enable
the
City
to
continue
to
refine
the
implementation
plan
over
time.

The
dashboard
can
be
viewed
and
downloaded as
a PDF.

The
Frontier
team
will
also
prepare
up
to
three
Power
Point
presentations
and
either
present
or
support
Poway
Staff
in
presentations
to
councils
and
commissions.

Deliverables:

Final
digital
dashboard,
up
to
three
Power
Point
presentations
PageN
of
21 April 2, 2024, Item #6
Fee Proposal
..... Proposed fee includes all costs associated with the performance of the services and assumes nine-month project that begins in April 2024. The hourly 00 o rates and number of hours are consistent with other municipal fleet projects. .....

N ..... Task
Task 1: Data S Analysis
Data collection
Fleet analysis
Facility data analysis
ZEV replacement plan and ACF compliance
Task 2: Infrastructure Needs
Physical site assessments
Charging strategies
Resiliency analysis
Conceptual drawings
Task 3: SDGSE Coordination
Evaluate capacity
Coordinate with SDG&E
Support funding application
Task 4: Costs and Barriers
Estimate capital and operating costs
Best practices report
Task 5: Funding Strategies
Funding summary
Task 6: Phased Master Plan
Digital dashboard
PowerPoints and presentations
Project Management
Not-to-Exceed Budget

Page 1 ends

Director
4 2
2 3
3 0
1 1
5 5
4 2
2 1
Sr.

Program
Consultant
65 20
25 20
6 2
2 2
1 1
10 10
2 2
23 15
8 28
Sr. Project
Coordinator
85 40
15 5
25 8
8 1
1 11
10 1
15 15
31 25
6 22
Practice
Lead
Electric
Engineers
Hours per Job Classification
I I 52 I
42 10
6 257
50 51
4 76
2 80
0 66
12 27
27 1 22
I
20 1 2
1 10 I
1 10
2 6
1 5
I
1 1
1 34
Project
Manager
9 I
I
I
I
Admin
19 Task Fee
I s21.001
$51,139
$12,631
$7,537
I
I $5,836
$10,271
I
$19,137
$133,558
)> ..... .....

Q)
n :r
3 (D
::l .....

N
April 2, 2024, Item #6
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(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)
19 of 21
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with April 2, 2024, Item #6
Cal Gov Code § 7522.56
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:
20 of 21
(l)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 University that existed prior to January 1, 2013, or has been included in subsequent agreements.
2 April 2, 2024, Item #6
Cal Gov Code § 7522.56
(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)(l) 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).
21 of 21 3
April 2, 2024, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
April 2, 2024
Honorable Mayor and Members of the City Council
Brad Rosen, Interim Director of Finance ·~
Brad Rosen, Interim Director of Finance
(858) 668-4452 or [email protected]

CITY COUNCIL
Approval of Consultant Agreement with Matrix Consulting Group, LTD to Prepare a Cost Allocation Plan and Citywide User Fee Study
Historically the City of Poway (City) has used a cost allocation plan to proportionally distribute the costs of general, citywide support services (i.e. Administration, Finance, Information Technology and Human Resources) to departments and enterprise funds which use and benefit from those services.

Allocating costs across funds is not unique to Poway and is legally permitted under State law. It results in savings for residents and ratepayers as staff and support service costs are shared. The current cost allocation plan was prepared a number of years ago and while it has been modified to reflect organizational changes in recent budget cycles, preparing a new cost allocation plan was identified as a priority in recent budget cycles. Preparing a new cost allocation plan includes a comprehensive analysis of current citywide overhead allocations and preparation of a model that can be updated in future years. The new cost allocation plan will be used as part of the annual budget development process, as well as future water and wastewater fee updates.

In addition to preparing a new cost allocation plan, completing a new comprehensive citywide user fee study was also identified as a priority during the budget process. A new citywide user fee study will provide the City with updated cost of service information and provide for additional cost recovery that will be reflected in future budgets.

Many other cities throughout California have recently completed similar studies. Upon review of similar projects completed in California, staff recommends utilizing a recent Request for Proposal (RFP) completed by the City of San Ramon for the vendor selection for these services. Staff recommends the selection of Matrix Consulting Group, LTD to prepare a new cost allocation plan and citywide user fee study.
1 of 46
April 2, 2024, Item #7
Recommended Action:

It is recommended the City Council approve the consultant agreement with Matrix Consulting Group, LTD, in the amount of $77,500, for the cost allocation plan and citywide user fee study and authorize the City Manager to execute any necessary documents.

Discussion:

The last formal cost allocation plan and citywide user fee study was completed in 2007. While there have been modifications to the cost allocation plan to reflect organizational changes and City Council approved updates to portions of the Master Fee Schedule over the past 15 years, a new cost allocation plan and comprehensive citywide user fee study have not been completed. Both were identified as priorities in recent budget cycles, however due to staff changes and other priorities, the City has not had the opportunity to move forward with these important projects until now. Projects like these are staff intensive as they involve not only the staff managing the overall project, but staff and data from every department since the City is preparing both a cost allocation plan and a citywide user fee study.

The comprehensive cost allocation plan and citywide user fee study will provide recommendations for updating the Master Fee Schedule, identify additional service fees charged by other surrounding cities that are not currently part of the existing Master Fee Schedule, and develop a fully-burdened staff hourly rate which reflects the full cost associated with providing the associated service. It will also determine the appropriate general and administrative overhead allocations to City activities and applicable overhead rates for use in calculating the City's billable hourly rates.

The project, which involves meetings with the consultant and City staff, analysis of the data gathered, and preparation of both documents is planned to begin in June 2024 with completion anticipated in January 2025. Upon completion, staff will submit for City Council consideration an updated overhead cost allocation plan and recommendations for the adoption of a master schedule for user fees. Once adopted, this information will be used as part of both the annual budget process to forecast both revenues and expenditures, as well as for future water and wastewater rate updates.

Staff recommends the selection of Matrix Consulting Group, LTD to perform the analysis and completion of these reports. In July 2023, the City of San Ramon issued an (RFP) for a cost allocation plan and user fee study that matches the City of Poway's requirements for these services. Matrix Consulting has performed over 25 similar projects in the last five years with other California agencies.

Upon review of the proposed scope of services submitted to staff and included as part of the attached agreement for services, a recommendation by the City of San Ramon based on their experience working with Matrix Consulting, and staffs subsequent interview with the consultant and reference checks, Matrix Consulting is highly recommended to complete this project. Staff particularly appreciated the consultant's experience and understanding that projects like these are staff intensive and the consultant is committed to assisting staff and bearing as much of the workload as is feasible.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA) Fiscal Impact:
2 of 46
April 2, 2024, Item #7
Fiscal Impact:

The total cost for the Cost Allocation Plan and Citywide User Fee Study is $77,000. There is sufficient funding available in the FY 2023-24 Operating Budget Director of Finance Division (110010-17999) for this project.

Public Notification:

None.

Attachments:

A. Standard Agreement of Services -Matrix Consulting Group, LTD Reviewed/Approved By:

Wendy ( serman •
Assistant City Manager
3 of46
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
April 2, 2024, Item #7
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 2nd day of April, 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and Matrix Consulting Group, LTD (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform a Cost Allocation Plan and Citywide User Fee Study;
WHEREAS, Consultant is a Management Conuslting vendor and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT 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 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 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 4of46 ATTACHMENT A
April 2, 2024, Item #7
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.

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.

8. Ownership of Documents.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
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April 2, 2024, Item #7
(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;

DISCLOSURE DETERMINATION:
~ 1. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

D 2. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

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.
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April 2, 2024, Item #7

12. Independent Contractor.

13. Licenses, Permits, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.

Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.

14. Consultant's Insurance.

Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective 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.
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April 2, 2024, Item #7
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (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.
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April 2, 2024, Item #7

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

20. Governing Law, Forum Selection and Attorneys' Fees.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought 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.

23. Entire Agreement.

24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

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 9 of46
April 2, 2024, Item #7
full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
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April 2, 2024, Item #7
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:

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

By: ____________ _
Alan Fenstermacher, City Attorney
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MATRIX CONSULTING GROUP, LTD
By:------------
Richard Brady, President
Date: ___________ _
April 2, 2024, Item #7
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the development of a Cost Allocation Plan and Citywide User Fee Study further described in the Scope of Services submitted with the proposal dated January 22, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposal dated January 22, 2024, which is included in this document as Attachment 1. Total fee is not to exceed $77,500. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates.

Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

C. Term of Agreement.

This Agreement shall be effective from the period commencing April 2, 2024, and ending December 31, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

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 12 of46
April 2, 2024, Item #7
following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) 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. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.

E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:

To City:

To Consultant:
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City of Poway
P.O. Box 789
Poway, CA 92074
Matrix Consultign Group, LTD.
1650 S. Amphlett Blvd, Suite 213
San Mateo, CA 94402
April 2, 2024, Item #7
ATTACHMENT 1
Proposal to Conduct a Cost Allocation Plan and
Citywide User Fee Study

POWAY, CALIFORNIA
January 22, 2024
matrix@
consulting group
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April 2, 2024, Item #7
Table of Contents
Cover Letter
1 Firm Background 1
2 Experience 6
3 Project T earn 10
4 Scope of Services 12
5 Schedule 26
6 Price 27
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April 2, 2024, Item #7
matrixm
consulting group
Brad Rosen
Acting Finance Director
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Dear Mr. Rosen:

January 22, 2024
The Matrix Consulting Group is pleased to have this opportunity to submit our proposal to conduct a cost allocation plan and citywide user fee study to the City of Poway.

We understand the importance of establishing documented and defensible studies to recover direct and indirect costs. Our experience in providing similar services and understanding of the impact and implementation issues faced by jurisdictions in Southern California comes from recent work with the following clients: Chula Vista, San Diego Air Pollution Control District, Adelanto, Glendale, Manhattan Beach, Orange, Pomona, Redlands, and San Bernardino.

At Matrix Consulting Group, we distinguish ourselves from our competitors through our commitment to delivering unparalleled value. Our competitive advantage stems from the integration of comprehensive data analysis and a cross-trained team. Our staff possess a deep understanding of service and process assumptions behind the cost of service.

I am the firm's President, authorized to negotiate on its behalf and bind it contractually.

Courtney Ramos, a senior vice president and financial services practice leader, can clarify information in this proposal. We can be reached at the address and phone number below or via email at [email protected] and [email protected].

Richard Brady, President
Matrix Consulting Group, Lt
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1650 S. Amphlett Blvd., Suite 213 • San Mateo, CA 94402 650.858.0507 SF Bay Area (Headquarters), Charlotte, Dallas, Fort Myers, Irvine, Portland, St. Louis April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA 1 Firm Background
The Matrix Consulting Group is a management consulting firm dedicated to providing quality analytical assistance to local and state government. The firm was formed by experienced consultants to pursue an operating model in which analytical work is performed by senior level staff. Our history and composition are summarized below:

We were founded in 2002, incorporated in California, and have our headquarters there (in the Bay Area) and regional offices in Irvine (CA), Edwardsville (IL), the Dallas Metroplex (TX), Portland (OR), and the Tampa (FL) area.

We are comprised of 27 full time and seven part time highly experienced management consultants who specialize in the analysis of local government functions encompassing the entire spectrum of critical operational areas. We have a dedicated financial services team.

Since our founding, we have worked with over 1,700 government agencies, conducting cost of service and management studies providing recommendations relating to operations, improvements, and cost recovery.

The market and service focus of the Matrix Consulting Group has always been financial, management, staffing and operations analysis of local government. The following outlines our core financial services provided by our firm:
0MB 2 CFR Part 200 Cost Plans User Fee Studies
Full Cost Plans Development Impact Fee Studies
Indirect Cost Rate Proposals Fully Burdened Hourly Rates Internal Service Fund Analyses Revenue Projections
No other firm better understands how public agencies operate, or how to help them thrive.

Cost Allocation Plan Experience
Our firm has extensive experience developing Full Cost and 0MB compliant Cost Allocation Plans, as well as Indirect Cost Rate Proposals for various municipal organizations across the United States. Whether we are working with large cities, small towns, special districts, or individual departments, our goal is to document and define the services being provided, and accurately allocate costs to all beneficiaries. The following points highlight our experience with developing cost allocation processes and metrics:
• Administrative Functions: Our firm has extensive experience in evaluating processes and functions associated with Finance, Human Resources, and Matrix Consulting Group
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Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Purchasing. From basic tasks and responsibilities to process improvement and oversight controls, our project teams can:

Identify core service functions, such as payroll, employee benefits, budget preparation, agenda, and board support.

Review current data metrics, and work with staff to ensure resulting allocations are appropriate, fair, and equitable.

Recognize services that are not in direct support of departments, including land acquisition and stewardship, and ensure they are accurately identified, but not further allocated.

Our project teams understand the core services associated with administrative functions, as well as the time associated with process completion, and are adept at helping staff determine daily, weekly, monthly, or annual time spent on a task.

These assumptions form the core basis of a cost allocation plan, and should be defensible not only through documentation, but also by City staff.

Governmental Functions: The Matrix Consulting Group has worked with and been a part of managerial studies relating to Manager and Legal services. Additionally, we have extensive experience working with, and presenting to various boards, councils, subcommittees, and the public. Our understanding of the various types of services provided allow our project teams to assess what services are best for allocation, including:

Categorizing services and support that benefit the City as an organization, such as contract negotiation, and approval of internal policies.

Identifying services that benefit the City economically, such as lobbying, and economic development, which should not be allocated.

Our team understands how these costs can and should be treated in both a Full Cost Plan and 0MB compliant plan, including making staff aware of common practices, as well as aggressive allocation options.
• Internal Services: The Matrix Consulting Group has significant experience evaluating services and functions associated with facilities maintenance, fleet services, and information technology. While these services can be part of the general fund or internal services, their allocation is important when trying to understand the indirect costs associated with any fund, department, or program.

Our project teams work with these departments to:

Review existing allocation processes and metrics to ensure compliance with state and federal regulations.

Matrix Consulting Group 2
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Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Determine if newer metrics, or metric alterations could provide more accurate allocations.

Indirect Cost Rate Proposals: Our firm's experience with indirect cost rate proposals ranges from developing citywide proposals to departmental and divisional proposals. We look at all indirect costs related to the service and program area, determine if it is allowable and then set up the indirect cost rate calculation. Based upon the jurisdiction's rate methodology we are versed in provisional, fixed final, and fixed carry forward rates. We work with our clients to review rates, outline appropriate applications, and customize templates based upon cognizant agency guidelines.

The following table provides a sampling of California jurisdictions for whom we have provided similar services within the last five (5) years, including the types of services provided to each jurisdiction, relevant to the requested scope of services:

Jurisdiction Full Cost 0MB Indirect Rates
Adelanto, CA X
Chula Vista, CA X
Citrus Heights, CA X X
Cupertino, CA X X
Daly City, CA X
Dixon, CA X X
Downey, CA X X
Elk Grove, CA X X
Fairfield, CA X X
Hercules, CA X X
Livermore, CA X X
Manhattan Beach, CA X X
Millbrae, CA X X
Pacific Grove, CA X X
Pomona, CA X
Port of Long Beach, CA X
Redlands, CA X X
Redwood City, CA X X
Sacramento Regional Transit, CA X
San Bernardino, CA X X
San Mateo, CA X X
San Ramon, CA X
Santa Clara, CA X X
South San Francisco, CA X X
Sunnyvale, CA X
We are happy to provide additional project details upon request.

Cost of Services and User Fee Study Experience
X
X
X
X
Annual Plan
X
X
X
X
X
X
Our firm has extensive experience conducting comprehensive user fee studies for a variety of municipal organizations and departments. When conducting comprehensive Matrix Consulting Group 3
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Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA user fee studies, the focus is often on Community Development (building, planning, and engineering) and Parks and Recreation services. The following points highlight our experience in these areas:
• Community Development: Our firm has extensive experience in evaluating development review permitting functions for Building, Planning, Engineering, and Fire Prevention. From the basic process steps for submitting, reviewing, inspecting, and approving applications and permits to development of processes, procedures, and cost recovery goals, our project teams can address topics as:

The best metric for assessing fees, such as building valuation, square footage, construction estimate, or number of fixtures.

Appropriate deposit amounts, guidelines, and processes to ensure actual cost recovery is achieved.

Setting fees at levels that both recover costs but are not cost prohibitive.

Cost recovery and implementation options for support services including General Plan Updates, Technology Fees, GIS, etc.

Beyond understanding processes and assessing time estimates provided, our project teams are aware of the cross-departmental support associated with application and permit services. These costs are included in the full cost calculation and can be expressed as part of the established fee or a separate fee. • Parks and Recreation: The Matrix Consulting Group has worked with every type of recreation function, including traditional parks and recreation, libraries, and open space preserves. Our experience spans master and strategic planning, park condition assessments, and program staffing and cost recovery. Our project teams are well versed in the areas that most impact cost recovery, including:

The best use of a tiered recovery approach, such as resident versus non resident, or profit versus non-profit.

Setting fees according to the cost recovery pyramid to ensure that premium services have a higher cost recovery.

The goal in reviewing parks and recreation costs for service, is to ensure that fees and rates are set at a level that allows the City to continue to serve the community in a manner consistent with current goals and commitments.

Our firm also has extensive experience in calculating cost of services for administrative functions such as Finance and City Clerk, as well as public safety services relating to Police, Fire Prevention, and EMS.

Matrix Consulting Group 4
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Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA The following table includes a sampling of California clients over the last five (5) years for whom we have provided similar scopes of service:

Planning Building Engineering Fire Adrnin Utility Police Recreation Jurisdiction Fees Fees Fees Fees Fees Fees Fees Fees
Adelanto, CA X X X X X
Capitola, CA X X X X
Citrus Heights, CA X X X X X X
Cupertino, CA X X X X
Dixon, CA X X X X X X
Downey, CA X X X X X X X X
Elk Grove, CA X X X
Glendale, CA X X X X X X X X
Livermore, CA X X X X
Los Altos Hills, CA X X X X
Manhattan Beach, CA X X X X X X X X
Menifee, CA X X X X X X X
Millbrae, CA X X X X X X
Mill Valley, CA X X X X X X
Montebello, CA X X X X X X X X
Orange, CA X X X X X X X X
Pacific Grove, CA X X X X X X
Redlands, CA X X X X X X X
Redwood City, CA X X X X X X X X
San Mateo, CA X X X
San Ramon, CA X X X X X
Santa Clara, CA X X X X X X X X
South Pasadena, CA X X X X X X X
So. San Francisco, CA X X X X X X X X
Stockton, CA X X X X
Vacaville, CA X X X X X X X
Winters, CA X X X X X X X
Details about any project above are available upon request.

Matrix Consulting Group 5
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Proposal to Conduct a Cost Allocation Plan and Citywide User-Fee Study Poway, CA 2 Experience
The Matrix Consulting Group has worked with a variety of public agencies across the United States developing cost allocation plans and conducting cost of service studies.

The following table provides a sampling of California-based clients for whom a Cost Allocation Plan and or a User Fee Study was conducted within the past five (5) years.

Client
Bay Area Air Quality
Management District, CA
375 Beale St. Ste 600
San Francisco, CA 94105
Calimesa, CA
908 Park Avenue
Calimesa, CA 92320
Chula Vista, CA
276 Fourth Ave.,
Chula Vista, CA 91910
Cosumnes Community
Services District, CA
9355 E Stockton Blvd., # 185
Elk Grove, CA 95624
Daly City, CA
333 90th Street
Daly City, CA 94015
Dixon, CA
600 East A St.

Dixon, CA 95620
Downey, CA
11111 Brookshire Ave.

Downey, CA 90241
Elk Grove, CA
8401 Laguna Palms Way
Elk Grove, CA 95758
Matrix Consulting Group
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Client Contact
Barry Young
Sr. Project Coordinator
{415) 749-4721
[email protected]
Celeste Reid
Finance Director
(909) 795-9801 x227
creid@cityofcalimesa_net
Nicole Remiker
Fiscal & Management Analyst
(619) 585-5693
nremiker@chulavistaca_gov
John Ebner
Sr. Management Analyst
(916) 405-7106
johnebner@csdfire_com
Abby Veeser
Deputy Dir. of Finance & Admin
(650) 991-8049
aveeser@dalycity_org
Joan Michaels-Aguilar
Deputy City Manager -Admin
{707) 678-7000
jmichealsaguilar@ci_dixon.ca.us
James Fructuoso
Assistant Finance Director
(562) 904-7625
_jfuctuoso@.<:lgwneyca.org
Jannet Meyer
Administrative Analyst
{916) 478-2272
jmeyer@E:!l~9r.9.yecity.org
Project Type
Full Cost Allocation Plan
User Fee Study
Full Cost Allocation Plan
0MB Compliant Cost Plan
Citywide Fee Study
Full Cost Allocation Plan
Fully Burdened Hourly Rates
Cost Allocation Plan
Fire Prevention Fee Study
Full Cost Allocation Plan
User Fee Study
Full Cost Allocation Plan
0MB Cost Allocation Plan
User Fee Study
Cost Allocation Plan
Citywide Fee Study
Cost Allocation Plan
Development Fee Study
6 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Client
Glendale, CA
141 N. Glendale Ave.

Glendale, CA 91206
Livermore, CA
1052 S. Livermore Ave.

Livermore, CA 94550
Manhattan Beach, CA
1400 Highland Ave.

Manhattan Beach, CA 90266
Menifee, CA
29844 Haun Road
Menifee, CA 92586
Mill Valley, CA
26 Corte Madera Ave.

Mill Valley, CA 94941
Montebello, CA
1600 W. Beverly Blvd.

Montebello, CA 90640
Pacific Grove, CA
300 Forest Ave.

Pacific Grove, CA 93950
Pasadena, CA
100 N. Garfield Ave.

Pasadena, CA 91101
Client Contact
Mari Karamyan
Budget Manager
(818) 551-4608
[email protected]
Erik Peterson
Finance Manager
(925) 960-4325
[email protected]
Steve Charelian
Finance Director
(310) 802-5555
[email protected]
Margarita Cornejo
Financial Services Manager
(951) 723-3716
[email protected]
Patrick Kelly
Director of Planning and Building
(415) 388-4039
[email protected]
David Sosnowski
Director of Recreation & Community
Services
(323) 887-4588
[email protected]
Lori J. Frati
Finance Management Analyst
(831) 648-3133
[email protected]
Maria Torres
Management Analyst IV
(626) 744-4351
[email protected]
Port of Long Beach, CA Tam Ho
4801 Airport Plaza Dr. Financial Specialist
Long Beach, CA 90815 (562) 283-7562
Poway, CA
Project Type
Citywide Fee Study
Development Impact Fee Study
Full Cost Allocation Plan
0MB Cost Allocation Plan
Hourly Rates
Development Fee Study
Cost Allocation Plan
Comprehensive Fee Study
Cost Allocation Plan
Citywide User Fee Study
Development Impact Fee Study
Development Fee Study
Citywide Fee Study
Cost Allocation Plan
Citywide Comprehensive Fee
Study
Internal Service Fund
Templates·_ Worker's Comp,
Liability, and Benefits Insurance
Overhead Cost Allocation Plan
_____________ t=a=m=·=ho""@"""'=p=ol=b=.c=o=m~ ________________ _ Redlands, CA
35 Cajon Street, Ste 30
Redlands, CA 92373
Matrix Consulting Group
23 of 46
Danielle Garcia
Management Services Director
(909) 335-4791
_g<,;1c1Ec:[email protected]<J ............. .

Full Cost Allocation Plan
Citywide Fee Study
---·····--··---
7 April 2, 2024, Item #7
Proposal
to
Conduct
a
Co
st
Allocat
io
n
Plan
and
City
wide
Us
er
Fee
Study
Poway,
CA
Client Redwood
City,
CA
1017
Middlefield
Rd
.

Redwood
City,
CA
94063
Riverside,
CA
3900
Main
Street,
6th
Floor
Riverside,
CA
92522
Sacramento
Regional
Transit
District P.O.

Box
2110
Sacramento,
CA
95812
San
Bernardino
County
Fire
Protection
District,
CA
620
S.

E
St
.

San
Bernardino,
CA
92415
San
Diego
Air
Pollution
Control
District,
CA
10124
Old
Grove
Road
San
Diego,
CA
92131
San
Mateo,
CA
330
W.
20 th
Ave
.

San
Mateo,
CA
94403
San
Mateo
Resource
Conservation
District,
CA
80 Stone
Pine
Road
Half
Moon
Ba
, CA
94019
Santa
Clara,
CA
1500
Warburton
Ave
.

Santa
Clara,
CA
95050
Saratoga,
CA
13777
Fruitvale
Ave
.

Saratoga,
CA
95070
Sonoma,
CA
#1
The
Plaza
Sonoma,
CA
95476
Matr
ix Consu
lting
Group
24 of46
Client
Con
ta
ct
Jun
Nguyen
Revenue
Services
Manager
(650)
780-7213
jnguyen@redwoodcity
.org
Peter
Kakos
Principle
Management
Analyst
(951)
826-2396
PKakos@riversideca
.gov
Paul
Selenis
Accounting
Manager
(916)
557-4511
pselenis@sacrt
.com
Adam
Panos
Deputy
Fire
Marshal
(909)
386-8412
APanos@sbcfire
.org
Michael
Watt
Deputy
Director
(858)
899-0136
Michael.watt@sdapcd
.org
Christina
Horrisberger
Project
Typ
e
Cost
Allocation
Plan
Citywide
Fee
Study
Review
of
existing
Full
Cost
Plan,
Development
of
0MB
Cost
Plan,
and
Development
of
CIP
Rates Indirect
Cost
Allocation
Services Fire
Protection
Fee
Study
Cost
Recovery
and
Fees
Consultant
Services
Cost
Allocation
Plan
Development
Services
Fee
Study
Community
Development
Director
(650)
522-7209
chorrisberge_r@cityofsanmateo
.org
Development
Impact
Fee
Study
_
Lau
Hodges
Administrative
Officer
(650)
712-7765
lau
[email protected]
Kenn
Lee
Assistant
Director
of
Finance
(408)
615-2344
klee@santaclaraca
.gov
0MB
Cost Allocation
Plan
Indirect
Cost
Rate
Proposal
Billable
Rates
Full
Cost
Allocation
Plan
0MB
Cost Allocation
Plan
Citywide User
Fee
Study
Nick
Pegueros
Cost Allocation
Plan
Director
of
Finance
&
Administrative
Comprehensive
Fee
Study
Services (408)
868-1221
__ npegueros@saratoga
.ca.
us
Sue
Casey
Assistant
City
Manager
(707)
933-2215
Cost Allocation
Plan
Planning
Fee
Study
scasey@sonomacity
:9rg
_________________
_
8 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Client
South Pasadena, CA
1414 Mission Street
South Pasadena, CA 91030
South San Francisco, CA
400 Grand Ave.

South San Francisco, CA
94080
Walnut, CA
21201 La Puente Road
Walnut, CA 91789
Client Contact
Albert Trinh
Finance Manager
(626) 403-7256
[email protected]
Jason Wong
Deputy Finance Director
(650)877-8505
Jason. Worn;;[email protected]
Joelle Guerra
Senior Planner
(909) 595-7543
[email protected]
Poway, CA
Project Type
Citywide User Fee Study
Full Cost Allocation Plan
0MB Compliant Cost Plan
Citywide User Fee Study
Development lmp_~ct Fee Studx_ __
Development Fee Study
Impact Fee Review
We would be happy to provide additional information about any of the projects listed above upon request.

Matrix Consulting Group 9
25 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA 3 Project T earn
The project team proposed by the Matrix Consulting Group are all full-time employees of our firm; we will not be partnering with any subcontractors. The following chart outlines the project team, their specific roles, and reporting structure.

Provides project oversight
and overall project
approval.

Provides expertise in reviewing
drafts and presenting
results.Leads interviews,
financial analysis, policy
discussion and development.

Coordinates data
collection, supports City
staff in data development,
and populate models.

City of
Poway
I
Khushboo Ingle
Project Manager
I
I I
Madison Dixson Abnash Minhas
Analyst Analyst
The following table provides experience summaries for our proposed project team, including types and years of experience, recent clients, and project roles.

Khushboo Ingle
Vice President
Experience:
12 years
Matrix Consulting Group
26 of46
Ms. Ingle is a Vice President who manages cost allocation plan, user fee, development impact fee, and cost of service engagements. Her experience with the firm also includes participation in operational audit engagements focusing on organization, staffing, and internal processes.

Khushboo has completed over 150 cost of service studies. Recent Southern California clients include Adelanto, Blythe, Chula Vista, Manhattan Beach, Port of Long Beach, Orange, Downey, Riverside, Glendale, San Bernardino County Fire, and Menifee.

Her role on this project would be to serve as the Project Manager, involved in leading meetings, developing draft results, and reviewing results.
10 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Madison Dixson
Senior Consultant
Experience:
3 years
Abnash Minhas
Consultant
Experience:
2 years
Matrix Consulting Group
27 of46
Ms. Dixson is an analyst who assists our senior staff on cost allocation plan, user fee, development impact fee, and cost of service engagements.

During her time with the firm, Ms. Dixson has served as a project analyst for several Southern California clients including Adelanto, Burbank, Glendale, Walnut, Menifee, Riverside, Manhattan Beach, San Bernardino, Port of Long Beach, and Redlands.

Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and developing models.

Ms. Minhas is an analyst who has recently joined our firm to assist our staff on cost-of-service engagements including cost allocation plan, user fee, and development impact fee studies. She has recently assisted on projects for Southern California clients including Chula Vista, Redlands, San Bernardino, and Pomona.

Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and model development.
11 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA 4 Scope of Services
The City of Poway is interested in two scopes of work: (1) a Cost Allocation Plan and (2) a Comprehensive User Fee Study. The following points outline the basic approach to each of these scopes, including a summary of the steps required for each study.

Cost Allocation Plan: will help the City establish a full cost allocation methodology for specific administrative overhead costs that will properly reimburse the General Fund and estimate anticipated reimbursements. The following chart outlines the basic process steps for developing a cost allocation plan.

Review existing allocation assumptons
Determine cost categories and services for allocation
Review indirect costs for allocation
Develop allocation recommendations
A Full Cost plan would be developed based on budgeted expenditures, and would be used for interfund transfers, and development of fully burdened hourly rates. • Citywide User Fee Study: will document the direct and indirect costs associated with fee-based city services. This study would also identify services currently provided for which fees could be assessed and understand how services and fees compare within the regional area. The following chart outlines the basic process steps for conducting a citywide user fee study.

Review existing fees and services
Establish time estimates and service level assumptions
Calculate fully burdened hourly rates
Conduct jurisdicitonal comparison
Develop fee recommendations and master fee schedule
The culmination of the citywide user fee study will provide the City with documentation outlining the full cost of providing fee-based services. This information, in conjunction with the jurisdictional survey will help the City determine where to set fees.

The results of this engagement will provide the City with documentation outlining the direct and indirect costs associated with providing services both internally and externally, and outline options for recovering costs through fees or other mechanisms.

Matrix Consulting Group 12
28 of 46
April 2, 2024, Item #7
Proposal
to
Conduct
a
Cost
Allo
cation
Plan and
Cityw
ide User
Fee
Study
Poway,
CA
Approach The
Matrix
Consulting
Group
works
with
various
clients
ranging
from
small
towns
to
major
metropolitan
cities
in
over
45 states
across
the
U.S.
and
Canada.

Every
project
is
unique
but
is
managed
according
to
the
following
essential
project
approach:

Understanding
City-specific
financial
data
.

Working
collaboratively
wtih
City
staff
through
meetings
and
workshops.

Applying
indust
ry standards,
best
management
practices,
and
technical
expertise
fo
r fee
and
cost
allocation
application
.
•
Calculating
defensible
results
with
buy-in
from
internal
and
external
stakeholders
..

Providing
recommendat
ions
and
transferr
ing
knowledge
and
wo
rk
products
to
City
staff
fo
r sccessful
project
implementation
.

We
believe
very
strongly
in
the
science
of
our
craft,
especially
as
it
relates
to
cost
allocation
and
cost
of
service.

Our
firm
utilizes
quality
control
techniques,
including:

Project
Management:

Ensuring
our
projects
meet
the
needs
and
timelines
of
our
clients
are
accomplished
through
the
following
:

The
project
manager
and
lead
analyst
develop
general
and
project-specific
data
collection
plans
and
interview
guides.

All
project
work
activities
are
defined
in
advance
and
tied
to
each
project
team
member, deliverables,
schedule,
and
budget.

We
have
frequent
client
review
meetings
to
discuss
the
quality
and
direction
of
the
project
through
interim
deliverables
and
draft
documents
.
•
Numerical
Results:

Financial
analyses
are
used
to
develop
budgets
and
projections
and
often
are
subject
to
public
oversight
and
review
. For
this
reason,
our
firm
ensures
data-determined
quality
control
through
the
following:

Expenditure
data
used
in
cost
models
are
tied
to
budget
documents.

Revenue
projections
developed
are
based
on
existing
workload
and
activities
and
can
be
reconciled
based
on
quantitative
assumptions
.

Mat
rix Consu
lting
Gr
oup
13 29
of
46 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA These project management approaches have resulted in all projects being delivered at a high level of quality, on time, and budget.

Work Plan
Both the Cost Allocation Plan and Citywide User Fee Study scopes or work can be conducted concurrently, as there are economies of scale that can be achieved by doing so. The following subsections detail our approach to project-wide, cost allocation plan, and user fee study specific tasks.

Project-Wide Tasks
There are four key tasks that would initiate and close out this project. The following tasks are related to both the cost plan and user fee study scopes of work.

Task 1 Data Collection
Prior to any initial meetings, the Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A common list of data collection items include:

Budgeted expenditures on a fund, department, and line-item basis.

Copy of any prior studies
List of all budgeted personnel by fund, department, and division.

Most recent completed Fiscal Year revenue reports
List of all current fees being charged to be included in the analysis.

List of comparative jurisdictions to be included in the analysis.

The above list is a sampling of the type of information that will be requested. The provision of these items allows our project team to familiarize themselves with current financial practices.
. . . ..
-~Meetings • _. ·None '. -.. , . • . .
.• I I I I 4-;8 hours for, staff to collect ari'd ,distribute information •. -. , ' • ~ J ' • ·-• -<-,,. ~ '-• ,_ ~
Matrix Consulting Group 14
30 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Task2 Study Objectives and Project Schedule
Once the data has been collected, the project team will then meet with designated City staff to discuss any issues identified by the project team, as well as to clarify any existing concerns held by the City regarding current fee methodologies. Discussions will include:

Review of the City's specific needs and critical issues surrounding development and implementation of the cost plan and fee studies.

Discussion of concerns or issues that should be addressed during the development of the study.

Discussions regarding current fee structure and any potential changes.

Review and identify existing cost recovery policies or established subsidies.

At the culmination of the meeting, the project team and the designated City staff will leave with a greater understanding of the overall approach and methodology that will be taken by the project team to conduct the Cost Allocation and User Fee study. • Project Schedule • .

Meetings_ _. Kickoff . -_ "
'Estimated City Support 1 hour for all involvec:I City Departments _ . :. , Task3 Present the Final Report to Key Stakeholders
The presentation of results to City officials and/or stakeholders is critical to the success of the overall engagement. Because the product from the study is often controversial, the objective of this final step is to present a succinct summary that provides decision makers with key information.

We will attend and present the Study at a minimum of two (2) meetings with the Council Finance and Investment Review Committee and the City Council.

Deliverable Fee StUay Presentation
Meetings • • _· Min. of 2 City Committee I Council and Stakeholder Meetings -Estimated City Support
Task4 Implementation and Future Support
The Matrix Consulting Group is committed to helping our clients not only develop accurate and defensible cost allocation and cost of service methodologies, but helping ensure that they are able to implement the results of these studies appropriately. Our project team will work with City staff to facilitate an understanding of the results of each Matrix Consulting Group 75
31 of 46
April 2, 2024, Item #7
Pmposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA analysis, and how to incorporate those results into budget and policy documents, informational handouts, and other City Materials.

Our Client support does not stop once a final report has been issued. We understand that questions can arise about the development of a study well after project completion and are committed to working with our clients to answer any questions about methodologies and applications of results. This support is provided to our clients at no extra cost.

Cost Allocation Plan Tasks
The following tasks provide our workplan for developing a full cost allocation plan.

Task 1 Interview Staff and Gather Allocation Metrics
The project team would review the City's budget and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following:

Review and discuss the accounting (fund and organizational levels) structure of the City based upon the budgeted expenditures to identify any anomalies from previous years.

Identify and meet specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects:

All current services provided by the Department are identified and documented within the Cost Allocation Plan.

Allocation bases discussed to be utilized are reflective of the current level of effort and most relatable to the service being performed.

The following is a sample flowchart visually representing discussion outcome, the first level is the central services department, the second level is the identified service category, and the third level is the basis by which costs will be allocated:

Matrix Consulting Group 16
32 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Finance
I
I I I
Payroll Accounts Payable Financial Reporting
I I I
# of Employees per # of Invoices per Actual Expenses per Division Division Division
Discuss alternative allocations, including outcomes and potential impacts.

The points above provide examples of the types of detailed and in-depth discussions that the project team will have with City Departments involved in the cost allocation process.

At this point in the process, the project team would reach out to each department and ask for specific allocation metrics such as purchase orders, invoices, sq. ft. per facility, etc.

Deliverable AJlocation Metric Requests from Support Departments Meetings ' 1 Departmental Suppq!"1Jyle~ttr1g per Department Estimated City Support 1 hour per City Support Department _ Task 2 I Review of Draft Cost Allocation Metrics
Based on the units of service identified in Task 1 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with specific central service departments. The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. The following graphic shows an example of the allocation workbook:

Fund Dept Desc
1 .... ___ 1 O __ City Manag~er __
1 16 Human Resources ---·-·--····--·-··--"-··-
1 20 City Attorney
1 30 Police • •• • • •••
··-····-··········-·-···············-··
1 • ••rn•••• •• ••··• ,.,.,, • •• •••• "'"'. ··••'" •••••'" •·•••••••••••··•••••••-•••••••-•••••••·••·•• ••••••• -••••••---•-•--•• ••·--• ·-•-----•-•··••··•·•••H<•• 1 40 Development Services
1 so -Pubficworks Streets ______ ------
1 50 • Public Works Facilities •• ·-
1 ••••• 50 ••• P~~ffc Wor~5._g<>_r:!l!"fll:J_ni~f?ervic~s 10 Water
... ····················-·-·--· ... ··-·--·. ---···--·------·········--- 14 Sewer
29 • Self-Insured Liability Fund •
TOTAL
Matrix Consulting Group
33 of 46
# of AR Transactions
per Fund/Dept
3 Allocation %

0.87% .................................. _.. •···• ........ ··--·-·-·-·-· ··--···•··· .......... . ..................................... ·-·-·--·· ··-·- 30 8.75% --·-·-~··--······--···-··•·· ··•-··· .... ···••··••··••·•·•·· .............. ·--········· 30 8.75% ·---·· -·-····••--·· .... ··-···· ·······-•-·· ·•-·-•· ..... "····--··· ..... _, .... _., ··-- 68 19.83%
1 7
5 0.29%

2.04%

1.46%
....... ······ .. ····-·•·····"· ··-· ··••'···-·-" ··---....... •-···--·· .. . 1 ........... ·····-•····---······-·· ••••••••
185
1 8
4 343
··-·····•-············-·

0.29%

53.94%

0.29%

2.33%

1.17%
100.00%
17 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA In the sample graphic provided, based upon the number of AR Transactions per fund/department, the primary support is for Public Works Community Services (54%) for all the Parks and Recreation transactions, followed by Police (20%). Based upon the results of this sample, the project team would verify with Finance that the statistics were allocated to the appropriate fund/department and that the resulting percentage is reflective of the support being provided by the Accounts Receivable staff and function.

This type of detailed review is critical for the development of a defensible cost allocation plan. It also ensures that departmental staff and City staff are comfortable with the use of the allocation metrics and the support that those metrics represent.

Draft Allocation Workbooks • · • • • "· i
'. 1· D~aft Allocati_oii'Meeting per Department • • .
. Estimated City_ ~~pp~rt .

Task 3 I Structure and Prepare Draft Full Cost Allocation Plan Once the central service departments and administrative functional areas have agreed upon, the appropriate allocation metrics for services, allowable administrative or other indirect costs are allocated to each benefiting department, operating unit, or fund. At this point the project team would begin customizing the Cost Plan to ensure methodologies and assumptions comply with Federal regulations and general accounting principles.

During the development of the cost allocation plan, the project team will ensure that any expenses included in the plan are vetted and reviewed with Finance staff as well as incorporate any direct reimbursements. The results of the draft cost allocation plan will be provided to staff in numerical format in Excel prior to the development of a draft report. ; Deliverable • •. :...

Meetings Draft Results Meeting with Finance • . • :'
1 'hour for Finance •
Task 4 I Finalize the Cost Allocation Plan
Upon review and approval of the draft cost plan by central service departments and the Finance Department, the project team will finalize the Cost Allocation Plan and report.

The final deliverables associated with the Cost Allocation Plan will be:
• Cost allocation plan report: including all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included.
• Excel summary schedule: the results of the full cost allocation plan in Excel format for ease of calculations, incorporation into City documents, and review by staff.

Matrix Consulting Group 18
34 of46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA This type of final work product ensures that information is available in a variety of formats for City staff to use. The detailed report serves as backup documentation; whereas the excel results can be input into budget documents.
• • • • I •
Meetings None . .,.

Estimated City Support None • ·,. _. . . : • • • .. · •.

User Fee Study Tasks
The purpose of a user fee study is to ensure compliance with Propositions 218 and 26, as well as document the direct and indirect cost of services. The following tasks provide our workplan for conducting a citywide user fee study.

Task 1 Develop a Schedule of Current and Potential Fees for Service The project team will work with staff to go through their current fee schedules in line-item by line-item detail. This meeting is critical in ensuring that staff can incorporate any updates or changes to the fee study based upon code, regulation, staffing, process, or technological changes. The focus of this meeting will be the following:
• Renaming fees: Rewording or renaming fees to identify services more clearly. • Eliminating fees: Removing any outdated services or fees. • Adding new fees: Capturing any new services or breaking out existing fee categories to identify all the services being provided by city staff more clearly, as well as identifying potential fees for service that the city would like to provide. • Recategorization of fees: Collapsing or expanding multiple fee ranges to better capture the services being provided. For example, eliminating lot ranges or acreages if those do not impact review amount, but adding in categories based upon approval body (i.e., Commission vs. Director level).

It is important to note that this meeting occurs first, as to ensure that any major proposed structural changes are captured prior to collecting time estimate information or developing draft fee results. However, there is the ability to make future adjustments. i·P.ropose~ F~e Stru~tu.re(s)
iMeetings .. ,· • • • . Fee,$tructure Meeting • .
• * I O !I I
Matrix Consulting Group 19
35 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Task2 Conduct Time Data Gathering Workshops
The project team will conduct workshops to gather time estimates for each service included in the study, interview key personnel from each department, and analyze the various activities being performed. Below is an example of the steps involved in permit processing and the time associated with each step.
(Ii Intake and Processing. Permit Tech: 15 minutes.
( fl) Routing. Permit Tech: 1 O minutes.
(~ Initial Review. Plan Checker: 1 hour
11) Final Review. Plan Checker: 30 minutes.
( I) Issue Permit. Permit Tech: 15 minutes.

Basic process steps in application/permit processing will be documented and provided in detail for each department/ division represented in the study. The project team will try to minimize the impact on staff by incorporating any baseline assumptions from prior city studies.

The project team will conduct multiple time estimate workshop(s) for each department/ division included in the study, and the workshop results will be Excel-based workbook(s) that staff can review. Staff will be provided time for any edits or comments on time estimate information.

Time Estimate Workbook{s)·
2-3 Tii'ne'Estimate Workshops , ,
Estimated City Support
Task 3 Develop Fully Burdened Hourly Rates
Based on the City's staffing and budget information, the project team will calculate fully burdened hourly rates inclusive of direct and indirect costs. The following points highlight the cost components and factors included in fully burdened rates:

Matrix Consulting Group 20
36 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Direct costs: This component accounts for salary and benefits associated with each employee or position and is reflective of City staffing and salary reports.

Indirect costs -Departmental: This component accounts for administrative and management support provided to line level staff, as well as operational services and supplies which are used in the execution of job duties. This cost component is developed through interviews with staff, as well as an analysis of budgets.

Indirect costs -Citywide: This component accounts for citywide support such as Finance, HR, and City Attorney support provided by other city departments. This cost component is typically derived from the City's Cost Allocation Plan.

Once the cost components have been documented and developed, the project team will review MOUs, and talk with departmental staff to determine appropriate productive hour calculations. This reduction in available hours will ensure that fully burdened hourly rates account for leave accruals (holiday, vacation, and sick), as well as any meetings or trainings.
. Fully Burdened Hourly Rates
Estimated City Support , ,
Task4 Perform Total Cost Analysis
The Matrix Consulting Group's costing model is built based on the City's operations, budget detail and intended uses for the results. This method is a customized approach specific to each jurisdiction for cost analysis of user fee services. It is a "bottom-up" approach, which is the most defensible methodology for calculating user fees. The methodology incorporates the time estimate information and fully burdened hourly rate information. The following graphic shows the cost calculation:

Fully
Burdened
Rate
This costing method uses time and annual activity level data to establish the cost of providing services on both a unit and annual level. Once the time spent for a fee activity is determined for each individual or position, the team uses its fee and rate software to apply the fully burdened hourly rates calculated in the previous task.

Matrix Consulting Group 21
37 of 46
April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Resulting costs are presented on a unit and annual level and are compared to the existing fee schedule and revenue reports. The following graphic shows a sample presentation:

Per Unit
Fee Title
Lot Line Adjustment
Temporary Use Permit
Annual
Fee Title
Lot Line Adjustment
Temporary Use Permit
Current Fee
$900
$40
Workload
4 60
TOTAL
Surplus/
Total Cost Per Unit (Deficit) Per Unit Cost Recovery%
$1,557 ($657) 58%
$325 ($285) 12%
AVERAGE COST RECOVERY PER UNIT 35%
Revenue at Current
Fee
$3600
$2400
$6,000
Revenue at Full
Cost
$6,228
$19,500
$25,728
Annual Surplus/
(Deficit)
($2,628)
($17,100)
($19,728)
As the example in the graphic indicates, the per unit subsidy for the Lot Line Adjustment at $657 is more than double the per unit subsidy for the Temporary Use Permit. However, the annual results help provide Department management with some additional context, as due to the volume of activity, the larger impact to the Department is felt by the smaller subsidy for the Temporary Use Permit.

The City will obtain detailed information like that presented in the previous graphic regarding cost recovery surpluses and deficits on both a detailed (per unit) and global (annualized) level, as well as an understanding of cost components for each service.

Deliverable Per.Unit and Annual Fee·study Results :

Meetings 1-2 Draft Results Meetings
Estimated City Support 1-3 hours per City Dep~rtment .-: _ • t Tasks Conduct a Market Rate Survey
We will work with the City to identify jurisdictions in San Diego County or elsewhere in Southern California to conduct a comparative survey of fees. This comparative survey activity will include the following:

Developing fee scenarios for each department included in the study to be compared to other jurisdictions.

Graphing the results of the fee analysis for easy visual comparison purposes.

Matrix Consulting Group 22
38 of 46
April 2, 2024, Item #7
Proposa
l to
Conduct
a
Cost
Allocat
ion
Plan
and
Citywide
User
Fee
Study
$8,000.00 $7,000
.00
$6,000.00 $5
,000
.00
$4,000
.00
$3,000.00 $2,000.00 $1,000
.00
$0.00
C: ~ ::, 0
Single
Family
Home
-New
Permit
and
Plan
Check
Fees
en 0 0 * 0 0 ~
~ a. E 0 0
-
N
"'
a.
a.

E
E
0 0
0 0
Poway
, CA
■
Permit Plan
Check ■
-st
"'
a.
a.

E
E
0 0
0 u
Collecting
contextual
information
such
as
population
size,
budget,
staffing,
last
time
fee
study
was
done,
and
last
fee
schedule
update.

As
market
surveys
do
not
provide
adequate
or
objective
information
about
the
relationship
of
a
jurisdiction's costs
to
its
fees,
these
steps
ensure
we
provide
the
City
with
the
most
amount
of
information
as
possible.

Deliverable
Comparative
Graphs
(included
in
Draft
Report)
None
•
.
'.i~stimated
City
Support
None
:
~ • • ,
• • : : . •
Task
6 Review
/ Revise
Fee
Study
Re
sul
ts
Because the
analysis
of
fees
for
service
is
based
on
estimates
and
information
provided
by
City
staff,
it
is
extremely
important
that
all
participants
are
comfortable
with
our
methodology
and
with
the data
they
have
provided.

Once
the
department
agrees
that
the
analysis
reflects
the
reasonable
costs
of
providing
services,
City
management will
have
an
opportunity
to
review
the
results.

At
this
point
in
the
process,
the
project
team
will
provide
Development
Services
staff
with
Recommended
Fee
Workbooks.

The
Recommended
Fee
Workbooks
will
provide
departments
/
divisions
the
results
of
the
fee
study
in
an
excel
based
format.

The
following
table
shows
an
example
of
the
Recommended
Fee
Workbook:

Mat
rix Consulting
Group
23 39
of
46 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA Current -Per Unit Results
Surplus/ (Deficit) Cost Recovery
Fee Title Current Fee Total Cost Per Unit %
Lot Line Adjustment $900 $1,557 ($657) 58%
Temporary Use Permit $40 $325 {$285} 12%
Recommended Fee
$ Change to Recommended
Recommended Recommended % Change to Fee Cost
Fee Title Fee Fee Recommended Fee Recovery%
Lot Line Adjustment $1,200 $300 33% 77%
Temporary Use Permit $100 $60 150% 31%
Recommended Fee Annual
Potential
Revenue at Revenue at Change in
Fee Title Workload Current Fee Recommended Fee Revenue
Lot Line Adjustment 4 $3,600 $4,800 $1,200
Temporary Use Permit 60 $2,400 $6,000 $3,600
TOTAL $6,000 $10,800 $4,800
As the table above indicates, the recommended fee workbook allows the Development Services to input information into the Recommended Fee column and see its impacts such as the dollar increase, percentage increase, and what percentage of their current costs they are going to recover. Additionally, the workbook allows the Department to calculate potential increases or declines to revenue because of the recommended fees.

Deliverable -Recommended fee Workbooks • • •
Meetings
~,Est~~~ted City Support • None • • . . '
-----
Task7 Prepare a Draft User Fee Study Report
Upon conclusion of the fee study, we will prepare a detailed report that summarizes the results of each of the previous work tasks described above. This report will include:

A succinct executive summary discussing the study, methodology, and the results.

A narrative describing the services included in the study.

A section on proposed modifications to the current fee schedule, including removal or addition of new fees for service.

A section on per unit and annual results for each fee included in the analysis and where workload data is available.

Matrix Consulting Group 24
40 of46
April 2, 2024, Item #7
Proposa
l to
Conduct
a
Cost
Al
location
Plan
and
Citywide
User
Fee
Study
Poway,
CA
A
comparative
survey
section
outlining
key
fees,
their
comparison
to
other
local
jurisdictions,
and
contextual
information
regarding
budget,
staffing,
and
when
they
last
conducted
fee
studies.

The
draft
report
will
be
provided
to
City
staff
for
comments
.

Deliverable
Draft
Fee
Study
Report
:Meetings
None ,J;
?J!§
_Q@
p~r
City
Department
to
Review
Report
.

Task
8 Finalize
Fee
Study
Report
Any
edits
or
revisions
to
the
draft
user
fee
study
report
will
be
incorporated
into
the
finalized
fee
study
report.

This
finalized
fee
study
report
will
not
only
include
all
elements
of
the
draft
fee
study
report,
but
also
include
any
additional
cost
recovery
considerations
and
policy
considerations
for
council's
review.

Deliverable
•
Final
Fee
Study
Report
Meetings
,:
·. <
:
\
:; • •
None
•
.

Estimated
City
Support
None
Task
9 Master
Fee
Schedule
Once
the
final
user
fee
study
report
is
approved,
the
project
team
will
develop
a
master
fee
schedule,
consolidating
all
fees
in
a
singular
location.

The
master
fee
schedule
will
include
a
numbering
system,
the
department
name,
the
fee
title,
the
unit
of
application,
the
current
fee,
the
total
cost
per
unit
calculated
through
the
study,
the
difference,
the
cost
recovery,
the
relevant
rule
/
regulation
that
applies
to
the
fee
type,
the
staff
recommended
fee,
and
staff
recommended
cost
recovery
level.

This
type
of
attachment
is
extremely
helpful
for
staff
as
part
of
the
staff
report
provided
to
Council
upon
adoption.
(?eliverable
•.•
' . •.
·
None
•
None
Matri
x Consulting
Group
25 41
of
46 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocatio11 Plan and Citywide User Fee Study Poway, CA 5 Schedule
The typical timeframe for completing projects of this nature is approximately six (6) months. The following table shows, by task, the proposed week(s) of work.

Task
Project Wide Tasks
Data Collection
Study Objectives
Presentations
Cost Allocation Plan
Interview Staff and Gather Data
Review Allocation Metrics
Structure Draft Full Cost Plan
Finalize Full Cost Plan
Citywide Fee Study
Current & Potential Fees
Data Workshops
Fully Burdened Hourly Rates
Total Cost Analysis
Comparative Survey
Review/Revise Results
Draft Fee Study Report
Prepare Final Report
Develop Master Fee Schedule
Matrix Consulting Group
42 of46
Month
1 2 3 4 5 6
26 April 2, 2024, Item #7
Proposal to Conduct a Cost Allocation Plan and Citywide User Fee Study Poway, CA 6 Price
The Matrix Consulting Group proposes to perform the tasks and services associated with developing a cost allocation plan and citywide user fee study for a fixed fee of $68,000.

The following chart provides a breakdown of hours by team member and costs for each task area to conduct the requested scope of services.

Project-Wide Tasks
Data Collection
Study Objectives
Presentation of Fee Results
Project-Wide Subtotal
Cost Allocation Plan Tasks
Interview Staff and Gather Data
Review Allocation Metrics
Structure Draft Full Cost Plan
Final Full Cost Plan
Cost Analysis Subtotal
Comprehensive Fee Study Tasks
Current & Potential Fees
Data Workshops
Fully Burdened Hourly Rates
Total Cost Analysis
Comparative Survey
Review/Revise Results
Draft Fee Study Report
Prepare Final Report
Develop Master Fee Schedule
Fee Study Subtotal
Total Hours
Hourly Rate
Total Professional Fees
Total Project Cost
Project
Manager
2 2
12 16
4 2
4 2
12 4
8 12
16 6
16 18
10 0
90 118
$240
$28,320
Analyst
4 2
0 6
8 10
16 8
42 10
18 34
28 32
24 28
16 10
200
248
$160
$39,680
Total Cost
$1,120
$800
$2,880
$4,800
$2,240
$2,080
$3,520
$1,760
$9,600
$2,560
$4,800
$8,320
$8,320
$6,560
$7,680
$8,800
$4,960
$1,600
$53,600
$68,000
$68,000
Our typical practice is to bill for hours worked monthly, with our contracts set up as fixed price contracts. We are open to billing on a task or deliverable basis as well.

If the City were interested in excel-based models for annual updates of the studies, those could be provided at a flat rate of $4,500. In addition to the Full Cost Plan an 0MB Compliant Cost Allocation Plan could be developed for a flat rate of $5,000.

Matrix Consulting Group 27
43 of 46
April 2, 2024, Item #7
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)
44 of46
(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with April 2, 2024, Item #7
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:
45 of 46
(l)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 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.

April 2, 2024, Item #7
(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 I, 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:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
April 2, 2024
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services f/4
Robert Manis, Director of Development Services
858-668-4601 or [email protected]

CITY COUNCIL
General Plan Amendment (GPA) 24-0001, Amendment to GPA 21-001 and 21-002; a Request to Adopt the City of Poway 2020-2029 Housing Element Each California municipality is required by Article 10.6 of the Government Code (Sections 65580- 65589.11) to adopt a housing element as a part of its general plan. Unique from other general plan elements, the housing element is subject to detailed statutory requirements and mandatory review by the California Department of Housing and Community Development (HCD). On August 3, 2021, the City Council approved the Draft 2020-2029 Housing Element. The City of Poway 2020-2029 Housing Element addresses statutory requirements and public feedback received during the review process.

Prior to the August 3, 2021 City Council public hearing, the City received comments from HCD on July 9, 2021 regarding an early submittal review. Staff worked with HCD to address their issues resulting in a formal submittal of a revised Draft Housing Element on October 30, 2022. After multiple submittals to HCD and conference calls with HCD staff, the Housing Element was submitted to HCD for the formal 60-day review on January 22, 2024. After two final edits were accepted, the City received a letter on March 13, 2024 stating the Housing Element meets the statutory requirements of State Housing Element Law. HCD requires the Housing Element be adopted by the City Council and submitted to HCD for final certification.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the resolution (Attachment A) approving GPA 24-0001 for the adoption of the City of Poway 2020-2029 Housing Element.

Discussion:

Background
State law requires local governments to meet housing goals by requiring all municipalities to prepare, implement, and update the housing element of its general plan. The Housing Element Update for the 1 of 56
April 2, 2024, Item #8
City
of
Poway
covers
June
30,
2020
to
April
15,
2029.

The
previous
Poway
Housing
Element
(2010-
2020)
was
adopted
in
2013. The
Housing
Element
Update
is
similar
to
the
2010-2020
Housing
Element,
except
that
updates
were
made
in
accordance
with
revisions
to
State
housing element
guidelines
and
statutes
and
to
address
public
feedback.

The
updates
resulted
in
a
new
residential
sites
inventory
that
identifies
new
affordable
housing
sites.

The
Public
Safety
Element
is
also
in
the
process
of
being
updated
to
meet
the
requirements
of
Senate
Bill
(SB)
1035
which
includes
requirements
to
reduce
wildfire
risk.

The
Draft
Public
Safety
Element
is
anticipated
to
be
released
for
review
later
this
year.

Preparation
of
the
Housing
Element
Update
included
two
community
workshops,
a
City
Council
workshop,
a community
survey,
a 60-day
public
review,
a 30-day
Negative
Declaration
environmental
review,
and
continuous
coordination
with
HCD
.

The
City
notified
various
housing,
community,
and
special
interest
groups,
including
groups
serving
affordable
housing
and
special
needs
populations
about
the
Housing
Element
Update
public
outreach
opportunities
. Public
comments
and
feedback
from
HCD
were
considered
in
the
Housing
Element
Update.

On
May
4,
2021,
the
City
Council
held
a public
workshop
where
staff
provided
an
overview
of
the
draft
Housing
Element
Update
and
the
public
feedback
and
HCD
corrections
received
up
to
that
point.

Requested
edits
from
the
City
Council
public
workshop
included
resolving
edits
requested
by
HCD
and
adding
funding
sources
to
the
programs
as
recommended
by
the
San
Diego
Housing
Federation.

The
City
Council
authorized
submittal
of
the
Draft
Housing
Element
Update
to
HCD
for
a 60-day
review
required
prior
to
adoption.

On
May
10,
2021,
staff
submitted
the
draft
Housing
Element
Update
to
HCD
for
a 60-day
review
which
concluded
on
July
9,
2021.

City
staff
coordinated
with
HCD
staff
on
several
revisions
during
a
presubmittal
review
and
during
the
60-day
review
period;
the
resulting
document
is
the
Housing
Element
Update.

Feedback
on
the
draft
document
was
positive.

HCD,
however,
requested
additional
information
and
revisions
to
the
document
to
address
State
law.

Revisions,
as
of
June
25,
2021,
included:
•
Chapter
1,
expanded
and
updated
public
participation
information;
•
Chapter
2,
expanded
information
related
to
: affirmatively
furthering
fair
housing,
housing
in
need
of
rehabilitation,
demographic
data,
and
special
needs
households;
•
Chapter
3,
expanded
information
related
to
:
compliance
with
transparency
laws,
housing
development
projects
seeking
vesting
rights
pursuant
to
SB
330
(the
Housing
Crisis
Act
of
2019),
development
standards
in
the
Poway
Road
Specific
Plan
area
and
water
and
wastewater
capacity
to
accommodate
the
Regional
Housing
Needs
Assessment
(RHNA)
projections.

Provided
clarifications
on
exactions
(e.g
., requiring
street
improvements),
fees,
construction
in
Very
High
Fire
Hazard
Severity
Zones
(VHFHSZ),
reasonable
accommodations,
market
constraints,
and
code
compliance
procedures;
•
Chapter
4,
provided
information
on
RHNA
credits,
development
trends,
site
availability,
capacity
assumptions,
opportunities
for
lot
consolidation,
site
analysis
effects
on
furthering
fair
housing,
and
financial
sources
for
the
development
of
housing;
•
Chapter
5,
provided
clarifications
on
programs
for
residents
with
special
needs;
•
Chapter
6,
provided
information
and
objectives
related
to:
housing
for
special
needs
groups,
financial
sources
for
the
development
of
housing,
construction
monitoring
for
accessory
dwelling
units
(ADUs),
parking
constraints,
and
housing
preservation.

Provided
clarifications
on
contributing
factors
to
affirmatively
furthering
fair
housing.

Added
objective
standards
2 of
56 April 2, 2024, Item #8
and
procedures
for
allowing
large
residential
care
facilities
and
group
homes
for
seven
or
more
persons
in
all
residential
zones
and
allowing
employee
housing
for
six
or
fewer
persons
subject
to
regulations
that
apply
to
other
residential
dwellings
of
the
same
type
in
the
same
zone.

On
July
9,
2021,
the
City
received
a letter
from
HCD
which
included
corrections
to
address
all
statutory
requirements
(Attachment
B).

These
corrections
were
generally
new
comments
provided
on
the
Draft
Housing
Element
Update.

Staff
submitted
revisions
to
address
comments
in
the
July
9,
2021
letter
from
HCD
after
several
discussions
and
informal
submittals
to
HCD
for
review.

Recommended
changes
were
incorporated
into
the
Housing
Element
Update
prior
to
formal
submittal
to
HCD
on
October
30,
2022
for
a 90-day
review.

Findings State
law
requires
local
governments
to
adequately
plan
for
the
housing
needs
of
all
economic
segments
(very
low,
low,
moderate,
and
above
moderate-income
households)
of
the
municipality.

The
law
states
that
all
jurisdictions
must
adopt
land
use
plans
and
regulatory
systems
which
provide
opportunities
for,
and
do
not
constrain,
housing
development.

Government
Code
Section
65583
states
that
each
jurisdiction
in
the
State
is
required
to
update
its
housing
element
to
accommodate
its
fair
share
of
regional
housing
needs.

A
major
component
of
the
housing
element
is
the
RHNA.

The
RHNA
prepared
and
allocated
by
the
San
Diego
Association
of
Governments
(SAN
DAG)
and
accepted
by
HCD,
is
the
total
number
of
housing
units
needed
to
meet
the
regional
demand.

Each
jurisdiction
is
required
to
accommodate
its
fair
share
of
units.

To
accommodate
means
that
zoning
is
in
place
and
sites
are
identified
where
the
units
could
be
located
. It
does
not
require
that
the
units
be
produced.

The
housing
unit
share
is
identified
by
income
categories
-very
low
(including
extremely
low),
low,
moderate,
and
above
moderate.

The
current
RHNA
is
an
eight-year
cycle
Uune
30,
2020
-April
15,
2029)
.

Poway's
housing
element
cycle
is
aligned
with
other
jurisdictions
in
the
San
Diego
region
as
all
are
required
to
update
their
housing
elements
at
the
same
time.

Poway's
fair
share
of
the
RHNA
is
1,319
units.

Poway
received
an
increase
(up
from
1,253
units)
from
the
previous
fifth
housing
element
cycle.

The
table
below
details
the
housing
unit
distribution
for
Poway
and
the
San
Diego
region
in
all
four
income
categories
as
required
by
State
law
for
the
2020-2029
housing
cycle.
3 of
56 Regional
Housing
Needs
Assessment
(RHNA)
6/30/20
to
4/15/29
Percent
of
Poway
Tota11
Total
Housing
Units
1,319
100%
Ve,y
Low
3 468

35.5%
Low
268

20.3%
Moderate
241

18.3%
Above
Moderate
342

25.9%
1SANDAG
Final
RHNAfor
the
City
of
Poway
2HCD
RHNA
Determination
for
the
San
Diego
Region
350%
to
be
Extremely
Low
Income
Region 171,685 42,332 26,627 29,734 72,992
Percent
of
Total2 100% 24.7% 15.5% 17.3% 42.5%
April 2, 2024, Item #8
The housing element is designed to provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent and affordable housing within the community. The housing element presents a plan to achieve the City's housing goal while meeting the requirements of the State of California (Article 10.6 of the Government Code) and includes:
• Analysis of the previous housing element (2010-2020) and current housing factors (physical, fisca I, regulatory);
• Identification of constraints to achieving the housing goal including constraints to furthering fair housing; and
• Proposed modifications and refinements to the objectives, policies and programs identified in the 2010-2020 Housing Element.

Based on past success of affordable housing developments in the city, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. The Housing Element Update programs in Chapter 6 address existing and new legislation pertaining to housing for special needs (emergency homeless shelters, transitional housing, supportive housing, low barrier navigation centers, etc.), Density Bonus law, SB 35 Permit Streamlining processes, No Net Loss provisions, updating the Public Safety Element, monitoring housing production during the RHNA cycle, and furthering fair housing. Many of the programs in the Housing Element have been updated based on previously discussed public comments, HCD recommendations to address State mandates and/or staff recommendations. Some of the notable policies and programs in the Housing Element Update, most of which can be implemented through adopted General Plan policies or with the adoption of Specific Plans, include:
• Encourage State and Federal agencies to reduce constraints to the provision of housing; • Encourage the State to allow cities to implement their RHNA and implement their visions for their communities without State intervention and provide sufficient funding for affordable housing;
• Continue to encourage SAN DAG and Caltrans to provide a multi-modal transit corridor along Scripps Poway Parkway and the SR-67 corridors to increase access to jobs and areas of opportunity;
• Discourage short term rental of one or more rooms or whole homes on a daily or weekly basis to preserve permanent housing;
• Encourage additional housing choices through the development of the Poway Road Specific Plan (PRSP).;
• Encourage diverse housing design with varying architectural styles, roof and siding materials, colors, and architectural projections while maintaining compatibility and unifying elements with the architecture in the surrounding area;
• Encourage building heights scaled to surrounding structures, increased landscape and trees, and private and common active and passive open space in housing projects; • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities; • Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects;
• Encourage the development of multigenerational housing through ADUs and junior ADUs; • Encourage safety within housing developments through Crime Prevention Through Environmental Design (CPTED), including increased pedestrian scale lighting; • Require new housing units in VHFHSZs to provide adequate fire access and suppression; 4 of 56
April 2, 2024, Item #8
• Ensure housing construction includes sufficient access including adequate street widths and load capacity along rural streets and curb, gutter, and sidewalk with street trees along nonrural streets;
• Require trail easements and related trail improvements and connections for appropriate use as a part of new housing unit construction to promote health and wellness and connectivity; • Create objective design standards for new housing projects as determined by the City Council.

As with the 2010-2020 Housing Element, the elimination of the redevelopment agency has had a profound impact on the City's affordable housings efforts. Redevelopment funds were a major funding source for affordable housing developments in the city. Based on past success of affordable housing developments in the city, many of the goals and strategies identified in the 2010-2020 Housing Element will continue to be included in the Housing Element Update. A critical factor to the actual production of affordable housing units will continue to be the identification of funding for housing and related programs.

The Housing Element Update consists of the following Chapters:
• Chapter 1 -Introduction: Provides a brief overview of the purpose and background for the Housing Element Update. It also includes State requirements with recent legislative amendments, a list of HCD required components, and a summary of public outreach and participation.
• Chapter 2 -Community Profile: A profile and analysis of the City's demographics, housing characteristics, existing and future housing needs, and a fair housing assessment per Assebmly Bill (AB) 686 that analyzes and addresses constraints to fair housing choice and includes impediments imposed by the State and federal governments. As required by HCD, the fair housing assessment includes an analysis of integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction including displacement risk.
• Chapter 3 -Constraints: An analysis of constraints to housing production and retention, including various market, governmental, and environmental limitations to meeting Poway's identified housing needs. Provisions for housing for special needs and constraints related to ADUs and providing housing within the Poway Road Specific Plan and the Farm in Poway Specific Plan areas are included. Constraints related to VHFHSZs is included (e.g., 30-foot setbacks). A new section on wildfire risk constraints is included. • Chapter 4 -Housing Resources: An overview of resources available to accommodate and provide housing for all income levels, including land available for new construction and financial and administrative resources available for housing in Poway. This chapter includes the new residential sites inventory to accommodate the RHNA. The RSI includes prospective AD Us, sites owned by the City or Poway Housing Authority, and Poway Road Specific Plan sites to meet the needs of the RHNA at all income levels. Villa De Vida (54 units), Poway Commons (97 units), and Apollo Apartments (43 units) are in the "Under Construction" section of the RSI.

The State allows Poway to meet its housing needs with sites that allow for up to 30 dwelling units per acre. No rezoning is proposed, and previous sites poised to be rezoned with the Affordable Housing Overlay Zone (AHOZ) were abandoned since the Poway Road Specific Plan 5 of 56
April 2, 2024, Item #8
sites
provide
sufficient
density
to
meet
State
requirements
.

HCD
provided
the
City
credit
in
the
RHNA
for
Fairfield
(212
units),
The
Farm
in
Poway
(160
units),
and
the
Outpost
(53
units).

Other
projects
not
in
the
RSI
are
accounted
for
in
the
Additional
Above
Moderate-Income
Sites
Inventory
(Attachment
A
of
the
Housing
Element
Update).
•
Chapter
5 -
Program
Accomplishments:

An
assessment
of
past
accomplishments
and
an
evaluation
of
programs
that
should
be
continued,
modified,
or
added
in
the
new
housing
cycle.

During
the
2010
to
2020
RHNA
planning
cycle,
488
of
the
1,253
housing
units
allocated
in
the
RHNA
were
constructed.

While
housing
needs
at
the
very
low
and
low-income
affordability
levels
were
met,
10 of
the
100
extremely
low-income
affordable
units
allocated
were
met.
•
Chapter
6 -
Housing
Plan:

Outlines
the
City's
overall
housing
goals,
objectives,
policies,
and
programs
over
the
housing
cycle
(2020-2029),
and
addresses
the
City's
identified
housing
needs
and
requirements
to
comply
with
State
law.

After
completion
of
the
90-day
review
by
HCD,
staff
worked
with
HCD
staff
through
meetings
and
informal
submittals
to
address
the
issues
they
had
raised.

Most
of
the
revisions
requested
focused
on
the
issues
that
were
raised
in
the
July
9,
2021
letter.

After
discussions
and
negotiations,
language
was
included
to
address
the
few
remaining
issues
that
HCD
had.

Prior
to
resubmittal
to
HCD
for
the
required
formal
60-day
review,
state
law
requires
the
housing
element
to
be
available
for
public
review
for
seven
days.

The
updated
Housing
Element
was
posted
on
the
City's
website
and
notice
was
sent
to
the
list
of
interested
parties
that
has
been
established
for
this
project.

The
Housing
Element
was
sent
to
HCD
on
January
22,
2024
for
the
60-day
review
along
with
two
letters
received
during
the
seven
day
public
review
period (Attachment
CJ.Just
prior
to
submittal
for
review,
the
City
received
one
final
edit
request
from
HCD
regarding
residential
care
facilities
for
seven
or
more
residents,
which
was
acceptable
to
the
City.

On
March
13,
2024,
the
City
received
a
letter
stating
that
the
Housing
Element
update
meets
the
statutory
requirements
of
State
Housing
Element
Law
and
will
substantially
comply
with
State
Housing
Element
Law
when
it
is
adopted
by
the
City
Council
and
submitted
to
and
approved
by
HCD
(Attachment
D).

The
2020
to
2029
Housing
Element
is
available
for
viewing
on
the
City's
website
(see
Attachment
E for
the
link).

Revisions
made
since
the
August
3,
2021
approval
are
based
on
the
July
9,
2021
letter
from
HCD
and
are
generally
summarized
as
follows:
•
Suitability
of
Nonvacant
Sites:

In
the
most
recent
Housing
Element
Update,
additional
information
was
added
to
explain
how
sites
in
the
residential
site
inventory
that
are
wholly
or
partially
developed
have
the
potential
for
redevelopment.

Examples
include
the
age
of
the
existing
structures,
zoning
within
the
Poway
Road
Specific
Plan,
size
of
the
parcel,
number
of
parking
spaces,
and
similarity
to
other
housing
projects
completed
within
the
same
zone
.

Additionally,
it
is
noted
that
there
is
limited
vacant
land
available
and
that
most
rural
lots
are
not
feasible
for
higher
density
or
affordable
housing.
•
Realistic
Capacity:

The
Housing
Element
Update
assumed
full
build
out
and
capacity
for
housing
on
some
sites
. Information
was
added
to
clarify
why
for
some
properties
it
was
assumed
that
proposed
housing
developments
would
be
at
full
capacity,
including
providing
information
on
the
increased
density
allowed
in
the
Poway
Road
Specific
Plan
and
the
higher
densities
that
are
being
developed
since
its
adoption.

Language
was
added
to
support
the
6 of
56 April 2, 2024, Item #8
determination.

For
example,
the
Poway
Road
Specific
plan
allows
up
to
35 dwelling
units
per
acre
with
incentives
and
community
benefits.
•
Updates
to
Chapter
6 Programs:

Information
was
provided
on
how
the
housing
programs
will
meet
timeline
targets,
geographic
targets,
and
established
metrics
to
set
realistic
and
specific
goals
for
housing
programs.

Examples
include
targeting
rental
and
owner
financial
assistance
to
foster
fair
housing
and
using
lower
density
lands
to
provide
further
opportunities
for
ADU
development.

ADU
projects
are
streamlined
and
non-discretionary;
therefore,
the
review
cycle
is
shorter
than
other
projects.

Commitments
are
included
to
proactively
reach
out
to
nonprofit
organizations,
special
needs
communities,
churches,
and
religious
institutions
regarding
housing
development
opportunities.
•
Governmental
Constraints:

More
information
is
provided
in
Chapter
3 discussing
the
design
review
process.

This
includes
the
City
offering
pre-applications
and
pre-development
conferences
free
of
cost
and
the
fact
that
Poway
does
not
have
a planning
commission.

Given
that
Poway
is
a
smaller
organization,
staff
is
available
to
meet
with
applicants
to
determine
what
steps
need
to
be
taken
to
get
a
project
started.
•
Housing
Programs:

More
committal
language
was
added
to
the
Housing
Element
by
removing
language
such
as
"consider"
or
"review"
to
create
concrete
actions
to
assist
in
the
development
of
housing
for
persons
with
special
needs.

This
includes
changing
the
Conditional
Use
Permit
(CUP)
requirements
for
residential
care
facilities
for
seven
or
more
residents
and
prioritizing
accessibility
for
special
needs groups
in
projects
involving
the
Poway
Housing
Authority
.

Community
Development
(Land
Use)
Element
Text
Amendment
(GPA
21-002)
Staff
also
recommends
a
minor
modification
to
the
Community
Development
(Land
Use)
Element
of
the
General
Plan
to
be
consistent
with
the
Housing
Element
Update
.

A
strikeout/underline
of
the
proposed
text amendment
references
the
Housing
Element
Update
and
the
RHNA
for
the
sixth
cycle
in
the
General
Plan
amendment.

The
revised
language
is
included
the
Resolution
(Attachment
A).

Environmental
Review:

As
required
under
the
California
Environmental
Quality
Act
(CEQA),
an
Environmental
Initial
Study
(EIS)
was
completed
for
the
project.

The
EIS
determined
that
the
project
would
not
have
a
significant
impact
on
the
environment and,
therefore,
does
not
require
any
mitigation.

A
Negative
Declaration
(ND)
was
prepared.

The
EIS
and
draft
ND
were
sent
to
the
State
Clearinghouse
for
distribution
and
review
by
relevant
state
agencies
(State
Clearinghouse
#2021060520)
for
a
required
30-day
public
review
and
comment
period
prior
to
the
August
3,
2021
City
Council
hearing.

The
ND
was
approved
by
the
City
Council
on
August
3,
2021
pursuant
to
Resolution
No.
21-067
(Attachment
F).

The
ND
is
adequate
to
address
the
Housing
Element
Update,
including
the
revisions
that
have
been
made.

Pursuant
to
Section
15162
of
the
CEQA
guidelines,
no
further
environmental
review
is
required
.

Fiscal
Impact:

None. 7
of
56 April 2, 2024, Item #8
Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
March
21,
2024.

The
notice
was
also
posted
on
the
City's
website
with
notification
e-mailed
to
all
names
on
the
list
of
interested
parties.

Attachments: A.

Resolution
approving
General
Plan
Amendment
24-0001
B.

HCD
Correction
Letter,
dated
July
9,
2021
C.

Letters
submitted
during
seven-day
review,
dated
January
2024
D.

HCD
letter
regarding
compliance
with
Housing
Element
Law,
dated
March
13,
2024
E.

City
of
Poway
2020-2029
Housing
Element
(on
file
in
the
Office
of
the
City
Clerk)
General
Plan
I Poway.

CA
-Official
Website
F.

Resolution
No.
21-067
adopting
a
Negative
Declaration
for
the
Housing
Element
Update
Reviewed/Approved
By:

Assistant
City
Manager
8 of
56 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

Chris
Hazeltine
City
Manager
April 2, 2024, Item #8
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (GPA) 24-0001 (AMENDMENT TO GPA 21-001
AND GPA 21-002) FOR THE ADOPTION OF CITY OF POWAY
2020-2029 HOUSING ELEMENT
WHEREAS, State Law requires that cities periodically update the Housing Element of the General Plan;
WHEREAS, California Government Code Section 65350, et. seq., describes the procedures for amending the General Plan;
WHEREAS, the City of Poway 2020-2029 Housing Element has been prepared pursuant to Article 10.6, Sections 65580-65589.11 of the California Government Code; WHEREAS, the City has held community workshops on the Housing Element Update on November 19, 2020 and April 29, 2021, a City Council Workshop on May 4, 2021, a public housing and public safety element survey, a 20-day Housing Element review, a 30-day State Clearinghouse Negative Declaration environment review, and numerous informal reviews and a 60-day formal review with the California Department of Housing and Community Development (HCD) to solicit public comment and has also notified community and special interest groups serving affordable housing and special needs populations about the public outreach opportunities that have been conducted throughout the process as further described in Chapter 1 of the Housing Element;
WHEREAS, on May 4, 2021, the City Council held a duly advertised public meeting and authorized submittal of the Draft 2020-2029 Housing Element to HCD for 60-day review and comment;
WHEREAS, on July 9, 2021, the City received a letter from HCD, which included written findings stating that the Draft 2020-20209 Housing Element does not address all statutory requirements with corrections provided to address all statutory requirements; WHEREAS, an Environmental Initial Study (EIS) and Negative Declaration (ND) for the 2020-2029 Housing Element was circulated for a required 30-day public review and comment period beginning on June 24, 2021 and ending on July 24, 2021, in accordance with California Environment Quality Act (CEQA) Guidelines Section 15105. The EIS and draft ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for required 30-day public review and comment period. City Council has considered the EIS and ND, and public comments received on the EIS and ND; WHEREAS, the 2020-2029 Housing Element requires that the City also amend the City's General Plan. Text amendments to the Community Development (Land Use) Element of the General Plan have been prepared that are necessary for consistency with the City of Poway 2020- 2029 Housing Element;
WHEREAS, on August 3, 2021, the City Council held a duly advertised public hearing and approved Draft 2020-2029 Housing Element (GPA 21-001 and GPA 21-002) and adopted the ND for the project;
9 of 56 ATTACHMENT A
April 2, 2024, Item #8
Resolution No. 24-

Page 2 ends

WHEREAS, the Draft 2020-2029 Housing Element was submitted to HCD for review on October 30, 2022;
WHEREAS, City staff worked with HCD to address their issues and made revisions to the 2020-2029 Housing Element;
WHEREAS, on January 22, 2024, the revised 2020-2029 Housing Element was submitted to HCD for a formal 60-review;
WHEREAS, on March 13, 2024, the City received a letter from HCD stating that the revised 2020-2029 Housing Element meets the statutory requirements of State Housing Element Law;
WHEREAS, on April 2, 2024, 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 all 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: The above recitals are true and correct.

SECTION 2: The City Council considered the ND (EA 21-001) adopted on August 3, 2021, for the Draft 2020-2029 Housing Element. The ND is adequate to address the revisions made to the 2020-2029 Housing Element. In accordance with Section 15162 of the CEQA guidelines, no further environmental review is required.

SECTION 3: The City Council hereby approves GPA 24-0001 for adoption of the 2020- 20259 Housing Element incorporated herein by reference and amending the Community Development (Land Use) Element of the General Plan as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.

SECTION 4: Page five, "Land Use Plan" section, paragraph four, of the Community Development (Land Use) Element of the General Plan (GPA 21-002) shall be amended as follows:

For the ~ 2020-2029 planning period for the Housing Element, the City was assigned a future housing need goal of~ 1,319 housing units (see Table 4-1 of the Housing Element).

The City is not required to build these units, but must show it has sites with adequate zoning and development standards that could accommodate the housing units during the planning period.

Table 4-4 4-5 in Chapter 4 of the Housing Element contains a site inventory for Very Low, Low and Moderate Income households demonstrating that there are adequate sites to meet the regional housing goal with the placement of the Affordable Housing Overlay Zone (AHOZ) on the sites as discussed in Chapter 4 of the Housing Element
SECTION 5: The City Council hereby authorizes the 2020-2029 Housing Element incorporated herein by reference to be submitted to HCD for final certification. 10 of 56
April 2, 2024, Item #8
Resolution No. 24-

Page 3 ends

SECTION 6: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this resolution or its application 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.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 2nd day of April, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
11 of 56
April 2, 2024, Item #8
STATE
OF
CAL

IEORNIA
-BUSINESS

CONSUMER

SERVICES
AND

HOUSING
AGENCY

DEPARTMENT
OF

HOUSING
AND

COMMUNITY

DEVELOPMENT

DIVISION
OF

HOUSING
POLICY

DEVELOPMENT
2020
W.

El
Camino
Avenue
. Su
ite
500
Sacramento,
CA
95833
(916)
263-2911
/ FAX
(916)
263
-7453
www
.hcd
.ca.go
v
July
9,
2021
Bob
Manis
, Director
of
Development
SeNices
Development
SeNices
Department
City
of
Poway
13325
Civic
Center
Drive
Poway,
CA
92064
Dear
Bob
Manis:

GAVIN
NEWSOM
Gavemor
RE:

Review
of
the
City
of
Poway's
6 th
Cycle
(2021-2029)
Draft
Housing
Element
Thank
you
for
submitting
the
City
of
Poway's
(City)
draft
housing
element
received
for
review
on
May
10,
2021
along
with
revisions
received
on
June
25,
2021
. Pursuant
to
Government
Code
section
65585,
subdivision
{b),
the
California
Department
of
Housing
and
Community
Development
(HCD)
is
reporting
the
results
of
its
review
. Our
review
was
facilitated
by
a
telephone
conversation
on
June
23,
2021
with
David
De
Vries,
City
Planner;
Austin
Silva,
Senior
Planner;
Scott
Nespor,
Associate
Planner;
and
Polina
Mitcheom,
Planning
Intern.

In
addition,
HCD
considered
comments
from
Chris
Cruse
pursuant
to
Government
Code
section
65585
, subdivision
(c)
.

The
draft
element
addresses
many
statutory
requirements;
however,
revisions
will
be
necessary
to
comply
with
State
Housing
Element
Law
(Article

10.6 of
the
Gov.

Code)
. In
particular,
the
Affirmatively
Furthering
Fair
Housing,
sites
analysis,
and
programs
sections,
amongst
other,
need
revisions
to
fully
comply
with
State
Housing
Element
Law.

The
enclosed
Appendix
describes
these,
and
other
revisions
needed
to
comply
with
State
Housing
Element
Law
.

As
a
reminder,
the
City's
6th
cycle
housing
element
was
due
April
15,
2021.

As
of
today
,
the
City
has
not
completed
the
housing
element
process
for
the
6th
cycle
. The
City's
5th
cycle
housing
element
no
longer
satisfies
statutory
requirements
. HCD
encourages
the
City
to
make
revisions
to
the
element
as
described
herein,
adopt,
and
submit
to
HCD
to
regain
housing
element
compliance.

As
a
reminder
, pursuant
to
Government
Code
section
65583.3,
the
City
must
submit
an
electron
ic
sites
inventory
with
its
adopted
housing
element.

The
City
must
utilize
standards
,
forms,
and
definitions
adopted
by
HCD.

Please
see
HCD's
housing
element
webpage
at
https
://www
.hc
d.ca
.gov
/co
mmun
ity-develop
m
ent/hous
ing-element/index
.shtml
for
a
copy
of
the
form
and
instructions
. The
City
can
reach
out
to
HCD
at
site
sinventory@hcd
.ca.qov
for
technical
assistance
.
12 of
56 ATTACHMENT
B
April 2, 2024, Item #8
Bob
Manis,
Director
of
Development
Services
Page2 To
remain
on
an
eight-year
planning
cycle,
the
City
must
adopt
its
housing
element
within
120
calendar
days
from
the
statutory
due
date
of
April
15,
2021
for
San
Diego
Association
of
Governments
(SAN
DAG)
localities
. If
adopted
after
this
date,
Government
Code
section
65588,
subdivision
(e)(4),
requires
the
housing
element
be
revised
every
four
years
until
adopting
at
least
two
consecutive
revisions
by
the
statutory
deadline.

For
more
information
on
housing
element
adoption
requirements,
please
visit
HCD's
website
at:
http
://www
. hcd
. ca
.gov
/c
ommunity
-deve
lopment/hou
sing
-element/housing-e
lement
memos
/doc
s/sb375
final
100
413
.pdf
.

Public
participation
in
the
development,
adoption
and
implementation
of
the
housing
element
is
essential
to
effective
housing
planning.

Throughout
the
housing
element
process,
the
City
should
continue
to
engage
the
community,
including
organizations
that
represent
lower-income
and
special
needs
households,
by
making
information
regularly
available
and
considering
and
incorporating
comments
where
appropriate.

Several
federal,
state,
and
regional
funding
programs
consider
housing
element
compliance
as
an
eligibility
or
ranking
criteria.

For
example,
the
CalTrans
Senate
Bill
(SB)
1 Sustainable
Communities
grant;
the
Strategic
Growth
Council
and
HCD's
Affordable
Housing
and
Sustainable
Communities
programs;
and
HCD's
Permanent
Local
Housing
Allocation
consider
housing
element
compliance
and/or
annual
reporting
requirements
pursuant
to
Government
Code
section
65400.

With
a
compliant
housing
element,
the
City
meets
housing
element
requirements
for
these
and
other
funding
sources. HCD
appreciates
the
responsiveness
and
dedication
David
De
Vries,
Austin
Silva,
Scott
Nespor,
and
Polina
Mitcheom
provided
during
the
course
of
our
review.

We
are
committed
to
assisting
the
City
in
addressing
all
statutory
requirements
of
State
Housing
Element
Law.

If
you
have
any
questions
or
need
additional
technical
assistance,
please
contact
Jose
Ayala,
of
our
staff,
at
Jose
.Aya
la@hcd
.ca.go
v.

Sincerely, Shannan
West
Land
Use
&
Planning
Unit
Chief
Enclosure
13 of
56 April 2, 2024, Item #8

APPENDIX
CITY
OF
POWAY
The
following
changes
are
necessary
to
bring
the
City's
housing
element
into
compliance
with
Article

10.6 of
the
Government
Code
. Accompanying
each
recommended
change,
we
cite
the
supporting
section
of
the
Government
Code.

Housing
element
technical
assistance
information
is
available
on
HCD's
website
at
http
://
www
.hcd.ca.gov/community-d
eve
lopmenUhous
ing-elemenUhousing
-element
memos
·.shtml.

Among
other
resources,
the
housing
element
section
contains
HCD's
latest
technical
assistance
tool,
Building
Blocks
for
Effective
Housing
Elements
(Building
Blocks},
available
at
http
://www.h
cd.ca
.gov/community
-devel
opmenUbuild
ing-b
locks
/index
.shtml
and
includes
the
Government
Code
addressing
State
Housing
Element
Law
and
other
resources.

Review
and
Revision
Review
the
previous
element
to
evaluate
the
appropriateness,
effectiveness,
and
progress
in
implementation,
and
reflect
the
results
of
this
review
in
the
revised
element.
(Gov.

Code,
§
65588
(a)
and
(b).)
The
element
reviews
the
5 th
cycle
programs
but
does
not
provide
a
specific
review
for
programs
regarding
the
effectiveness
of
the
5 th
cycle
programs
for
meeting
the
community's
special
housing
needs
. An
analysis
must
be
provided
for
the
cumulative
impact
of
the
previous
housing
element's
programs
to
address
the
housing
needs
of
special
needs
populations.

The
element
should
specifically
look
at
programs
targeted
for
special
needs
populations
and
provide
a
narrative
analysis.

8. Housing
Needs,
Resources,
and
Constraints

1. Affirmatively
further[ing]
fair
housing
in
accordance
with
Chapter
15 (commencing
with
Section
8899
.50)
of
Division
1 of
Title
2 ... sha/1
include
an
assessment
of
fair
housing
in
the
jurisdiction
(Gov.

Code,
§
65583,
subd.
(c)(10)(A).)
Additional
analysis
is
required
to
meet
the
statutory
requirements.

In
particular,
the
element
must
analyze
the
enforcement
and
outreach
capacity
trends
and
patterns
at
the
regional
level.

Currently,
the
element
only
analyzes
this
data
at
the
local
level.

Additionally,
the
element
must
analyze
trends
and
patterns
of
race
at
the
regional
level.

Currently,
the
element
only
analyzes
the
trends
and
patterns
at
the
local
level.

Moreover,
the
element
must
analyze
the
economic
access
to
opportunity
at
the
regional
level;
currently,
the
element only
analyzes
the
data
at
the
local
level.

In
addition,
more
information
is
needed
to
fully
analyze
the
disproportionate
housing
needs
at
the
local
and
regional
level.

At
the
local
and
regional
level,
the
element
must
analyze
the
homeless
housing
need.

Additionally,
at
the
regional
level,
the
element
must
analyze
cost
burden
and
substandard
housing.

Next,
the
element
must
also
look
at
other
relevant
factors
that
contribute
to
fair
housing
issues
in
the
jurisdiction.

To
meet
this
requirement,
the
element
should
consider
information
beyond
data
that
identifies
and
compares
concentrations
of
groups
with
protected
characteristics.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
14 of
56 Page
1 April 2, 2024, Item #8
Additionally
, the
element
must
analyze
how
the
sites
inventory
affirmatively
furthers
fair
housing.

For
example,
the
element
should
analyze
whether
and/or
how
concentrating
the
lower-income
housing
need
in
the
portion
of
the
City
that
has
the
most
non-white
and
less
affluent
residents
furthers
the
goals
of
fair
housing
.

Lastly,
the
element
must
include
programs
that
(1)
enhance
housing
mobility
strategies
, (2)
encourage
development
of
new
affordable
housing
in
areas
of
opportunity,
(3)
improve
place-based
strategies
to
encourage
community
revitalization
, including
preservation
of
existing
affordable
housing,
and
(4)
protect
existing
residents
from
displacement.

Currently,
the
programs
listed
in
the
element
are
not
sufficient
to
take
any
meaningful
actions
in
combating
fair
housing
issues
in
Poway
. The
actions
must
directly
target
the
contributing
factors
to
fair
housing
issues
and
have
a
quantifiable outcome.

2. An
inventory
of
land
suitable
and
available
for
residential
development,
including
vacant
sites
and
sites
having
realistic
and
demonstrated
potential
for
redevelopment
during
the
planning
period
to
meet
the
locality's
housing
need
for
a
designated
income
level,
and
an
analysis
of
the
relationship
of
zoning
and
public
facilities
and
services
to
these
sites
. (Gov.

Code,
§
65583,
subd.
(a)(3).)
The
City
has
a
regional
housing
need
allocation
(RHNA)
of
1,319
housing
units,
of
which
736
are
for
lower-income
households.

To
address
this
need,
the
element
relies
on
vacant,
nonvacant,
and
sites
located
in
the
Poway
Road
Specific
Plan
(PRSP).

To
demonstrate
the
adequacy
of
these
sites
and
strategies
to
accommodate
the
City's
RHNA,
the
element
must
include
complete
analyses.

Progress
in
Meeting
the
RHNA:

The
element
indicates
(pages
4-6)
that
144
units
affordable
to
low-income
households
have
been
built
or
are
under
construction
or
approved
but
provides
no
information
documenting
how
affordability
of
the
units
was
determined
. As
you
know,
the
City's
RHNA
may
be
reduced
by
the
number
of
new
units
built
since
June
30,
2020;
however,
the
element
must
describe
the
City's
methodology
for
assigning
these
units
to
the
various
income groups
based
on
actual
sales
price
or
rent
level
of
the
units
and
demonstrate
their
availability
in
the
planning
period
. Currently
, the
element
states
that
over
the
last
few
years
projects
have
had
deed
restrictions
to
ensure
affordability.

While
this
information
is
useful,
the
element
must
describe
how
6 th
cycle
RHNA
credits
are
assumed
to
be
affordable.

Realistic
Capacity:

While
the
element
provides
some
information
regarding
realistic
capacity,
the
element
must
also
describe
the
methodology
used
to
assume
realistic
capacity
for
all
sites
. For
example,
Sites
23-30
assume
full
build-out
without
any
supporting
information
on
how
this
assumption
was
calculated
. While
these
sites
are
residentially
zoned
, the
element
must
describe
past
projects,
incentives,
and
other
factors
that
support
full
build-out
of
these
sites
. Furthermore,
the
analysis
on
Pages
4-19
concludes
that
past
projects
located
in
the
PRSP
have
averaged
27 dwelling
units
per
acre,
but
the
development
assumptions
for
sites
listed
in
the
PRSP
is
30 dwelling
units
per
acre.

In
addition,
most
of
the
sites
located
in
the
PRSP
are
not residentially
zoned
sites;
the
element
must
account
for
the
potential
for
non-residential development
in
these
non
-residential
zones
in
its
development
assumptions
.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
15 of
56 Page
2 April 2, 2024, Item #8
Zoning
for
Lower
Income
Households:

The
element
relies
upon
the
City's
inclus
ionary
housing
requirement
to
accommodate
the
regional
housing
need
for
lower-income
households
on
Site
23 and
Site 25.

However
, identifying
potential
results
of
an
inclusionary
zoning
ordinance,
by
itself
, is
not
sufficient
or
appropriate
to
demonstrate
the
adequacy
of
a
zone
to
accommodate
housing
affordable
to
lower-income
households;
therefore,
HCD
is
not
considering
the
unit
potential
for
lower-income
on
these
sites
when
assessing
the
adequacy
of
sites
to
accommodate
the
RHNA
for
lower
income.

Suitability
of
Nonvacant
Sites
: While
the
element
includes
some
recent
developments
(Pages
4-20)
_to
demonstrate
past
experience,
it does
not
explain
how
those
developments
relate
to
zoning
, existing
uses,
densities,
and
the
listed
sites
in
the
inventory.

To
analyze the
extent
that
existing
uses
may
impede
additional
residential
development,
the
element
should
also
include
information
on
whether
existing
uses
are
operating,
have
been
operating,
or
whether
they
are
or
not
anticipated
to
continue
operating.

The
element
can
also
analyze
the
age
of
the
structure,
structural
conditions
or
other
circumstances
and
trends,
lease
information,
market
conditions,
and
regulatory
or
other
incentives
or
standards
to
encourage
additional
residential
development
on
these
sites
to
demonstrate
redevelopment
potential.

Infrastructure
: While
the
element
describes
water
and
sewer
infrastructure,
it
must
also
demonstrate
sufficient
existing
or
planned
dry
utilities
supply capacity,
including
the
availab
ility
and
access
to
distribution
facilities
to
accommodate
the
City's
regional
housing
need
for
the
planning
period
(Gov
. Code
,§
65583
.2,
subd.
(b)-).

For
additional
information
, see
the
Building
Blocks
at
https
://
www
.hcd
.ca
.gov/commu
nity

deve
lopm
en
Ub
uil
dinq
-bloc
ks/site-
inv
ent
ory-ana
lysis/ana
lysis
-of
-sites
-and

zoninq
.shtml.

3. An
analysis
of
potential
and
actual
governmental
constraints
upon
the
maintenance,
improvement,
or
development
of
housing
for
all
income
levels,
including
the
types
of
housing
identified
in
paragraph
(1)
of
subdivision
(c),
and
for
persons
with
disabilities
as
identified
in
the
analysis
pursuant
to
paragraph
(7),
including
land
use
controls,
building
codes
and
their
enforcement,
site
improvements
, fees
and
other
exactions
required
of
developers,
and
local
processing
and
permit
procedures
. The
analysis
shall
also
demonstrate
local
efforts
to
remove
governmental
constraints
that
hinder
the
locality
from
meeting
its
share
of
the
regional
housing
need
in
accordance
with
Government
Code
section
65584
and
from
meeting
the
need
for
housing
for
persons
with
disabilities,
supportive
housing,
transitional
housing
, and
emergency
shelters
identified
pursuant
to
paragraph
(7).

Transitional
housing
and
supportive
housing
shall
be
considered
a
residential
use
of
property
and
shall
be
subject
only
to
those
restrictions
that
apply
to
other
residential
dwellings
of
the
same
type
in
the
same
zone
. (Gov.

Code,
§
65583
, subd
. (a)(5).)
Design
Review
: While
the
element
provides
a
general
overview
of
the
design
review
process
, the
element
must
analyze
the
effects
of
design
review
on
the
cost
and
length
of
the
approval
process,
and
whether
design
review
is
a
constraint
to
housing
development
in
the
City
.

HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
16 of
56 Page
3 April 2, 2024, Item #8
lnclusionary
Housing
: The
element
must
analyze
the
effects
of
the
inclusionary
housing
requirements
on
the
development
of
hous
ing
for
all
income
levels,
specifically
housing
supply,
and
affordability
. Namely,
the
element
should
provide
greater
detail
on
the
effects
of
the
inclusionary
housing
requ
irements
on
the
development
of
housing
, and
whether
the
inclusionary
housing
requirements
are
having
the
intended
impact.

Constraints
on
housing
for
Persons
with
Disabilities:

While
the
element
describes
its
definition
for
"family"
does
not
pose
a
constraint,
the
element
does
not
include
the
definition
of
family
in
the
element.

The
element
must
describe
the
zoning
code
definitions
of
family
and
analyze
the
impact
of
the
definition
on
housing
for
persons
with
disabilities.

4. Analyze
any
special
housing
needs
such
as
elderly;
persons
with
disabilities,
including
a
developmental
disability
; large
families;
farmworkers
; families
with
female
heads
of
households
; and
families
and
persons
in
need
of
emergency
shelter.
(Gov
.

Code,
§
65583,
subd
. (a)(7).)
The
element
provides
a
general
overview
of
the
special
housing
needs
of
farmworkers,
but
additional
analysis
is
needed
to
fully
meet
requirements
. For
example,
the
element
must
identify
and
analyze the
housing
needs
of
farmworkers
relative
to
the
region
. Farmworkers
may
choose
to
live
within
a
city
to
ensure
higher
access
to
services
but
travel
to
more
rural
areas
of
the
city
for
work.

Comparing
Poway's
farmworker
population
relative
to
the
region
would
help
fully
describe
the
farmworker
housing
need.

Housing
Programs

1. Include
a
program
which
sets forth
a
schedule
of
actions
during
the
planning
period,
each
with
a
timeline
for
implementation,
which
may
recognize
that
certain
programs
are
ongoing,
such
that
there
will
be
beneficial
impacts
of
the
programs
within
the
planning
period,
that
the
local
government
is
undertaking
or
intends
to
undertake
to
implement
the
policies
and
achieve
the
goals
and
objectives
of
the
housing
element
through
the
administration
of
land
use
and
development
controls,
the
provision
of
regulatory
concessions
and
incentives,
and
the
utilization
of
appropriate
federal
and
state
financ
ing
and
subsidy
programs
when
available.

The
program
shall
include
an
identification
of
the
agencies
and
officials
responsible
for
the
implementation
of
the
various
actions
. (Gov
. Code
, §
65583,
subd.
(c).)
While
the
element
provides
outcomes
for
most
programs,
Program
16 must
be
revised
to
include
more
specific
commitments
during
the
planning
period
for
persons
with
special
housing
needs
. In
this
specific
case,
the
program
should
commit
to
actions
beyond
a
semi-annual
review
of
HCD's
Program
Directory
and
establish
more
concrete
actions
to
assist
in
the
development
in
housing
for
persons
with
special
housing
needs.

2. Identify
actions
that
will be
taken
to
make
sites
available
during
the
planning
period
HCD
Review
of
City
of
Poway's
6th
Cycle
Housing
Element
July
9,
2021
17 of
56 Page4
April 2, 2024, Item #8
with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code,§ 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element does not fully meet the requirements for Affirmatively Furthering Fair Housing. The element must complete an analysis of impediments to fair housing and create targeted programs that will directly assist in mitigating these fair housing issues.

HCD Review of City of Poway's 6th Cycle Housing Element July 9, 2021
18 of 56

Page 5 ends

April 2, 2024, Item #8
Bob Manis
Director of Development Services
City of Poway,
13325 Civic Center Drive,
Poway, CA 92064
Housing Element 2020-2029, January 2024
Dear Mr. Manis:

Nicholas Carruthers
1470 Silver Heights Road
Poway, CA 92064
January 17th 2024
First, let me thank you for the opportunity to provide input with respect to development and, perhaps more importantly, the construction of new housing within the City of Poway.

In the Housing Element update several sites in the city are identified for housing development with some emphasis on suitability for low/moderate income families and this is a laudable objective. We should recognize that many folks desire affordable housing within the city of their employment. Along these lines I am thinking of health care workers, grocery store employees, teachers and public safety personnel for whom a traditional single-family home (at least by Poway standards) may be out of reach. My criticism of the City's approach to this endeavor is that rather than distribute affordable housing evenly across the City the focus has become an asymmetric distribution, with one exception, of development in what one may consider South Poway. Much of this is a result of Proposition FF which applies questionable constraints to development in areas captured by Proposition FF and effectively forces higher density development south of Twin Peaks Road and clustered along Poway Road. The new construction along Poway Road has come nowhere near to the expectations of citizens surveyed in 2020 (see, Introduction, section H). From section H, the first four bullet points, lots of "encouragement" but realistically no meaningful delivery. My comments highlighted. • Encourage additional housing choices through the development of the PRSP which provides mixed use housing development, apartments, condominiums, and townhomes adjacent to essential services. Housing for seniors but remainder is market rate • Encourage reduced building heights and increased landscape and trees and private and common active and passive open space in housing projects with consideration to maximizing density. Four story buildings with minimal setbacks, Fairfield • Encourage connections (connectivity) between housing and essential services, parks, trails and related amenities promoting outdoor walking and biking opportunities. No expansion or addition of parks; cycling along PQway Road has become a dangerous sport
• Encourage traffic safety and reduced congestion with appropriate analysis as a part of new housing projects. Poway Road is now congested with the Poway/Community Road and Poway/Midland Road junctions hazardous to cyclists and pedestrians. 19 of 56 ATTACHMENT C
April 2, 2024, Item #8
With respect to Proposition FF, this may be viewed as an exclusionary zoning practice and I reference an article in the New York Times1 referring to this phenomenon as "the new redlining". Consequently, I strongly encourage you to develop affordable housing throughout the City. In this way more individuals supporting our community would have the ability to reside in the City and take advantage of the educational and social opportunities that Poway provides. Ultimately this may need for the elimination of Proposition FF to free large tracts of land for development and lead to a more equitable distribution of responsibilities.

I have only focused on one aspect of the Housing Element, although I appreciate the opportunity to make comments, and I encourage you to continue to engage citizens in order to guide future decisions.

Thank you, Nicholas Carruthers Ph.D
E-mail: [email protected]
Mobile: (858)-366-5037
1 Kahlenberg, New York Times; April 19th 2021
20 of 56
April 2, 2024, Item #8
January
15,
2024
From:

Chris
Cruse
To:

Bob
Manis,
City
of
Poway
Re:

Poway
Revised
Housing
Element,
January
2024
.General
Comments
The
rezoning
of
Poway
Road
has
resulted
in
much
higher
densities,
and
a
wider
variety
of
housing
types,
but
it
has
not
resulted
in
a
substantial
increase
of
low
and
moderate
income
housing
in
Poway.

With
the
exception
of
one
project,
all
of
the
new
Poway
Rd
developments
are
market
rate,
with
condos
selling
for
close
to
a
million
dollars.

The
council
approved
the
PRSP
because
"Our
kids
could
not
afford
to
live
in
Poway
when
they
grew
up"
..

Unless
the
kids
are
making
over
$200,000
per
year,
they
cannot
afford
that
new
housing
on
Poway
RD.

Increasing
density did
not
make
the
new
housing
more
affordable.

No
new
homes
are
being
built
in
Poway
that
sell
for
less
than
$1
million.

Poway's
entire
RHNA
allotment
for
moderate
income
units
is
assigned
to
ADU
rentals
that
may
or
may not
actually
be
available
to
rent,
and
may
or
may
not
be
affordable
to
moderate
income
households.

The
lack
of
new affordable
housing
that
moderate
income
families
can
purchase
is
driving
up
the
prices
of
resale
homes
that
were
traditionally
sold
to
moderate
income
families
in
Poway
. Those
homes
are
now
selling
for
close
to,
and
over
a
million
dollars.

The
Poway
Rd
corridor
was
rezoned
specifically
to
accommodate
housing
at
densities
that
would
make
it possible
for
developers
to
build
low
and
moderate
income
housing
to
meet
the
RHNA
low
and
moderate
housing
requirements.

With
the
exception
of
one
project
for
seniors
on
city-owned
land,
developers
have
shunned
building
any
low
or
moderate
income
housing
for
more
profitable
and
expensive
housing
on
Poway
Road.

The
city
approved
The
Farm
Specific
Plan
in
2020.

This
rezoning
also
did
not
result
in
any
low,
very
low
or
moderate
income
units
being
built.

The
160
units
at
The
Farm
are
selling
for
$1
-$3
million. The
Harmon
Ranch
Specific
Plan,
another
development
that
involves
a
general
plan
amendment
and
a
rezone
of
RS-
7 parcels,
is
working
its
way
through
the
planning
process
right
now.

There
are
no
low,
very
low,
or
moderate
units
proposed
for
that
project.

The
city
council
will
soon
decide
on
whether
they will
give
the
developer
an
increase
in
density
to
build
on
the
flood
plain
in
south
Poway,
without
requiring
that
any
low
or
moderate
units
be
built.
21 of
56 April 2, 2024, Item #8
With one exception, the rezoning of land in Poway is not targeted at producing any low or moderate income housing. It is primarily being utilized by developers to build more expensive housing at a greater profit.

My concern is that the low, very low and moderate units required to fulfill the RHNA won't be built, as both the city and the state are incentivizing building larger, and more expensive housing. I have no concerns that the above-moderate income part of the RHNA will be built. In fact, I think it will be greatly exceeded.

Constraints: Affirmatively Furthering Fair Housing -Location The housing element mentions a considerable number of constraints that make it difficult to "affirmatively further fair housing" by building low or moderate income housing in north Poway. I find that the city is very inconsistent in applying the rationale for these constraints, and that the excuses the city gives for not building low or moderate income housing in north Poway, doesn't apply when those same circumstances exist in south Poway.

The Housing Element states that "The other two concentrated areas of non-white populations are the areas east of Pomerado Road and south and north of Poway Road and the areas north of Poway Road between Community Road and Midland Road and east of Midland Road. These areas consist of higher Asian, Hispanic and Other Race populations and housing types include a mix of apartments and single-family residences. Areas with higher white populations include mostly single-family residences on larger lots which will decrease with the inclusion of accessory dwelling units. " In another section of the housing element, the city claims that the RHNA units are not in areas of higher concentration of minorities, but in whiter areas:: "In addition to ADUs, Figures 2-22, 2-23, and 2-24 show that the Proposed RHNA sites shown in Figure 2-21 (basemap for Figures 2-22, 2-23, and 2-24) were carefully placed to help further fair housing by placing housing required for the RHNA in either an area that is more predominantly White or that is of lower income which continues to encourage inclusion within the City." In fact, the vast majority of RHNA designated locations are in the areas where there already is a higher concentration of minorities and people of lower incomes living in apartment houses.

But since Poway has not built any workforce or family affordable housing since 2007, and has no plans to build more, only a limited number of people living in this area would be eligible for 22 of 56
April 2, 2024, Item #8
the
senior
housing
project
that
was
built
on
Poway
Rd
. The
future
project
on
Monte
Vista
is
designated
for
veterans
and
developmentally
disabled
adults,
which
is
a
limited
group
of
people
who
need
affordable
housing.

The
RHNA
units
are
not
located
in
the
"Whitest
areas
in
Poway"
.

Affirmatively
Furthering
Fair
Housing
-Geographical
Constraints
According
to
the
housing
element:
".

Figure
2-23
shows that
both
existing
and
proposed
affordable
units
are
well
dispersed
throughout
the
community
and
do
not
present
a
geographic
barrier
to
obtaining
affordable
housing.

As
shown,
the
majority
of
the
City
is
constrained
because
of
areas
within
the
Very
High
Fire
Hazard
area,
the
Habitat
Conservation
Plan
Mitigation
area,
the
Proposition
FF
(voter
approval
for
higher
density)
area,
and
areas
within
the
Open
Space
Resource
Management
(OS-RM)
zone.

While
some
of
these
constrained
areas
allow
for
low
density
single-family
residences,
much
of
the
area
is
preserved
open
space.

However,
because
of
the
prevalence
of
large
lot
single-family
residences,
these
constrained
areas
present
an
opportunity
to
construct
ADUs
and
JADUs.

Approximately
325
prospective
ADUs
are
anticipated
to
be
constructed
during
the
6th
housing
element
cycle
in
areas
anticipated
to
further
fair
housing.

With
ADUs
and
the
adoption
of
the
PRSP,
the
City
has
the
ability
to
meet
the
anticipated
future
affordable
housing
needs
of
the
community.

However,
it's
important
to
note
that
many
of
the
constrained
areas
have
limited
or
no
access
to
sewer
or
water
and
are
missing
essential
services
and
access
to
employment
centers,
transit,
commercial
retailers
with
grocers,
medical
services,
community
facilities
and
services
like
libraries
and
the
Mickey
Cafagna
Community
Center,
and
parks,
etc.

While
the
ADU's
will
help further
fair
housing
by
integrating
multi-family
uses
in
single-family
residential
areas,
most
prospective
ADU
sites
are
away
from
essential
services
and
areas
of
opportunity.

Conversely,
the
PRSP
area
is
surrounded
by
essential
services
and
is
considered
an
ideal
area
of
opportunity.

The
proposed
affordable
sites
within
the
PRSP
from
Table
4-5
coupled
with
ADUs
are
dispersed
throughout
the
community
to
further
fair
housing
for
all
persons
regardless
of
race,
religion,
sex,
marital
status,
ancestry,
national
origin,
color,
familial
status,
or
disability,
and
other
characteristics
protected
by
FEHA."
These
geographical
constraints
are
more
profound
in
north
Poway.

For
example,
the
only
north
Poway
parcel
that
is
on
the
RHNA
housing
list
is
a
parking
lot
in
the
hospital
next
to
Pomerado
Rd.

All
of
the
other
sites
are
in
south
Poway.

One
of
the
sites
in
south
Poway
is
the
Big
Stone
Lodge
site,
which
contains
a
creek,
floodway
and
floodplain
and
is
in
Poway's
habitat
area
and
it
is
also
in
the
high
fire
zone.

This
parcel
was
bought
by
Poway's
redevelopment
agency
and
the
city
declared
that
the
building
was
an
historic
building
and
the
land
itself
was designated
as
an
historic
passive
park.

Durng
the
redevelopment
wind-down,
the
city
asked
the
state
to
let
23 of
56 April 2, 2024, Item #8
them keep this parcel to use as an historic passive park, which they said was the highest and best possible use for it. When the state granted the request, the city took possession of the deed and sold it to their housing authority and transferred the sale money ($800,000) to a fund to build a new community center. Now, the city wants to tear down the Big Stone Lodge building (with housing funds) and build affordable housing on a parcel with the very same constraints that prevent affordable housing from being built in north Poway.

In fact, much of the residential area of Green Valley, in north Poway, is not in a habitat area or a high fire area. It is constrained by Prop FF, a voter initiative, that requires a vote of the public to increase density on rural residential zoned land.

S89 Lot Splits disallowed on rural residential lots in Poway In addition to no designated RHNA sites in Green Valley, the city is apparently refusing to allow S89 lot splits on north Poway parcels that are zoned rural residential, but not in a habitat area or high fire area.
https://poway.org/DocumentCenterNiew/8713/SB-9-Developments--Urban-Lot-Splits-General-ln formation-PDF?bidld=
This conflicts with the fact sheet from the state on where S89 lot splits can occur.

The fact sheet says that SB 9 lot splits can occur in any residential zone where the primary use is single family homes.
https://www.hcd.ca.gov/docs/planning-and-community-development/sb9factsheet.pdf 24 of 56
April 2, 2024, Item #8
Single-Family Residential Zones Only
(Reference: Gov: Code,§§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multi family residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 "Single Family Residential"), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination.

California Department of Housing and Community Development -SB 9 Fact Sheet Most of Green Valley residential areas are zoned for single-family residences, and nothing else.

Most of these lots are large, which is pretty much what defines them as being "rural". In fact, they are single family residences on large suburban lots.

Transportation Constraints
It is incredibly ironic that the new Farm development, which is in north Poway, is in an area that the housing element says is constrained by a lack of public transportation. The EIR for The Farm, which was approved by the Poway City Council in June, 2020, claimed a deduction in ADT (average daily car trips) because the project (or at least a tiny part of it) was within ½ mile of public transportation. In fact, the only bus that stops on Espola Rd, circulates around Poway 2x in the morning and 2x in the afternoon on school days only, picking up and dropping off students at the nearby high school.

The City Council not only accepted the EIR that claimed this deduction, but the Director of Development Services was ready to ministerially approve a specific plan change to The Farm with hundreds of additional deductions in ADT because of the nearness of the project to this bus stopp, which runs twice a day, on school days. Recently, the city hired the consultants who prepared the transportation portion of The Farm EIR as traffic consultants for the city.

So how does this awesome north Poway public transportation asset disappear when it comes to siting some affordable housing in north Poway?
25 of 56
April 2, 2024, Item #8
Where
are
the
ADUs
that
are
being
rented
to
moderate
income
households?
Poway's
entire
RHNA
allotment
of
moderate
income
housing
is
to
be
met
with
AD
Us
These
ADUs
are
located
throughout
the
city
and
that
is
why
the
city
is
declaring
that
affordable
housing
is
available
in
all
areas
of
the
city.

I have
been
searching
online
for
several
months,
and
so
far,
I have
only
seen
one rental
ADU
in
north
Poway
in
my
online
searches.

I have
seen
many
listings
for
BNBs,
but
not
for
a
monthly
rental.

There
may
be
other
places
where
ADU
owners
are
advertising
their rentals
that
I am
not
aware
of.

Does
the
city
have
any
actual
data
on
how
many
of
these
AD
Us
are
being
used
as
room
additions
or
BNBs
by
the
owners?
What
data
does
the
city
have
to
show
how
many
of
these
units
are
being
rented
and
whether
the
rents
are
affordable?
How
many
units
are
actually
available
to
moderate
income
persons
or
families?
How
will
the city
know
if they
are
on
track
to
meet
the
RHNA
for
moderate
income
households
if the
only
information
on
the
AD
Us
is
the
number
of
permits?
Personally,
I don't
think
ALL
of
the
RHNA
units
for
moderate
income
families
in
Poway
during
the
6th
cycle
should
be
rental
units.

Moderate
income
families
should
also
be
able
to
buy
a
house. The
Messed
UP
Bonus
Density
Law
I agree
that
the
bonus
density
law
is
one
messed
up
law,
but
I have
slightly
different
reasons
for
saying
that
than
what
is
written
in
the
housing
element.

The
Bonus
Density
Law
gives
the
developer
a
density
bonus
AND
allows
them
to
ignore
setback
and
development
coverage
rules
and
other
codes.

This
allows
the
developer
to
build
very
large
and
very
expensive
houses
on
smaller
lots
than
allowed
under
Poway's
codes.

The
bonus
density
house,
which
the
developer
is
keeping,
is
required
to
be
the
same
size
as
the
other
houses,
It would
be
like
winning
the
lottery
for
a
very
low
income
person
to
get
to
live
in
a
brand
new
3000-4000
sq
ft.
house.

But
the
developer
is
keeping
it,
so
maybe
he
will
find
a
low
income
family
member
or
friend
to
live
there.

Once
again,
the
law
seems
to
enrich
the
developer
and
to
provide
very
few
housing
units
for
the
thousands
of
low
income
people
who
need
an
affordable
home.

In
a
nearby
city,
a
developer/investor
formed
a
non-profit
company
that
was
awarded
the
sole
bonus
density
house
from
a
project.

I am
sure
he
will
make
a
profit
off
of
it.

There
is
another
bonus
density
project
on
Poway's
RHNA
list.

This
project
is
in
Poway's
habitat
area
and
the
high
fire
zone.

The
area
is
zoned
for
low
density
and
is
supposed
to
be
a
buffer
area
between
the
rest
of
the
habitat
area
and
the
residential
area.

There
is
also
a
rare
vernal
pool
on
the
parcel
as
well
as
endangered
species.

The
bonus
density
law
allows
a
developer
to
destroy
the
habitat
and
build
more
houses
and
build
them
much
larger
houses
than
our
code
26 of
56 April 2, 2024, Item #8
allows in return for building one or two houses which may or may not be rented by a very low income household. The city should be fighting against this as it threatens to destroy valuable habitat areas for just one or two very large homes for a low income person or a friend of the developer.
lnclusionary Housing In Lieu Fee
Probably the biggest constraint to building affordable housing is that the city provides no incentives to get it built. The city gives away zoning increases for tiny things like landscaping a walkway or building a walkway between parcels. These incentives are not used to get developers to build affordable housing. Poway's paltry "in lieu" fee is a disincentive to build affordable housing. Poway has an inclusionary housing ordinance, but for a mere $500, developers can opt out, and all of them have opted out so far.

The housing element claims that hundreds of very low and low income units can be built on Poway Rd, on parcels where there are now retail establishments. But owners do not have to build low income housing. The current developments of Poway Commons and Fairfield chose not to build affordable housing. Why would the owners/developers of other parcels on Poway Rd build the affordable housing in the RHNA with no incentives to build it? Parks
According to the housing element: "Approximately 325 prospective ADUs are anticipated to be constructed during the 6th housing element cycle in areas anticipated to further fair housing.

With ADUs and the adoption of the PRSP, the City has the ability to meet the anticipated future affordable housing needs of the community. However, it's important to note that many of the constrained areas have limited or no access to sewer or water and are missing essential services and access to employment centers, transit, commercial retailers with grocers, medical services, community facilities and services like libraries and the Mickey Cafagna Community Center, and parks, etc.

Although thousands of housing units are being built in the Poway Rd area, the city has not added any new park space. North Poway has a lot more open space and also has the largest park, Poway Lake, in the entire city. The lack of new parks should be a constraint on building in south Poway, but it isn't. The city has no plans to build new parks, preferring instead to have private parties designate some quasi-public space in their development. But these quasi-public spaces often are just landscaping and not really parks that provide for active or passive recreational opportunities. They are just a way to get the developer to put in some landscaping, and have homeowners pay for it via HOAs. History shows that there is no certainty that these privately owned and maintained areas will not be developed into something else later, even 27 of 56
April 2, 2024, Item #8
when they are deed restricted. There have been no new city parks built in the last 16 years.

And there are no areas set aside for future parks in the higher density RHNA area.

Transportation and access to Jobs
It is true that there are more retail outlets in RHNA area. And a library. But there are also retail venues close to Green Valley in north Poway. Those retail venues are in Rancho Bernardo, but they are nearby.

A person needs a car to live in any area of Poway. Transportation issues are the same in north Poway and south Poway. The roads are crowded. The designated RHNA area in south Poway are also heavily impacted by a lack of sufficient parking spaces. Since the condos were built on Poway Rd, there has been a big increase in the number of cars parking in nearby neighborhoods. The area around Poway Rd/ Carriage Rd /Oak Knoll Rd is particularly stressed by insufficient parking space.

Car ownership is essential in Poway, as there is very limited bus service. Buses arrive at around 30 min intervals on Poway Rd. and the number of stops makes getting to the transfer center a very inefficient use of time. Some years ago MTS also discontinued bus service in the Garden Rd area. Additionally, there is no bus service from the "opportunity area" to the nearby industrial park. Bus service was discontinued to the industrial park years ago. I have heard that the buses cannot run there because of a lack of sidewalks and ADA laws.

For some strange reason, many of the new developments in Poway also lack sidewalks. This is a very new feature and it is inconsistent with our general plan guidelines for urban roads. The lack of sidewalks disincentivizes walking, and it is a hardship for people in wheelchairs, or with baby strollers. In the new housing projects, people have to walk in the street when leaving on foot.

As for the lack of funding, Poway has failed to make a Climate Action Plan or a Complete Streets Plan. Poway is ineligible for some transportation grants through Sandag because of their refusal to make a CAP and a Complete Streets Plan.

Re: Families headed by single moms.

From the housing element: "While most of the City of Poway is not considered LMI, the highest concentration of LMI population is located in tracts south of the City along Poway Road.Female-headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and 28 of 56
April 2, 2024, Item #8
other supportive services. In Poway, female headed households.are concentrated in a tract in the eastern area of the City, near Dos Hermanos Road (Figure 2-9). This tract has between 20 to 40 percent of children living in female-headed households, compared to less than 20 percent in other tracts in the City."
It may be true that this tract has the highest percent single mom households, but there are very few households in that tract. There is no city and water sewer service there and can't be more than a handful of households. Even though the percent of total households in another tract might be lower, there could easily by dozens, if not hundreds, of households in that tract headed by a single mom.Instead of looking at a very remote rural tract that has a couple of single mom households, why not find out where they really are and how the city can provide "special consideration and assistance because of their greater need for affordable housing, and accessible day care, and other supportive services"?
29 of 56
April 2, 2024, Item #8
STATE
Of
CAI

IFORNIA
-BUSINESS

CONSUMER

SERVICES
AND

HOUSING
AGENCY

DEPARTMENT
OF

HOUSING
AND

COMMUNITY

DEVELOPMENT

DIVISION
OF

HOUSING
POLICY

DEVELOPMENT
2020
W.

El
Camino
Avenue,
Suite
500
Sacramento,
CA
95833
(916)
263-2911
/ FAX
(916)
263-7453
www.hcd
.ca
.qov
March
13,
2024
Bob
Manis,
Director
Development
Services
Department
City
of
Poway
13325
Civic
Center
Drive
Poway,
CA
92064
_ Dear
Bob
Manis:

RE:

City
of
Poway's
6 th
Cycle
(2021-2029)
Revised
Draft
Housing
Element
Thank
you
for
submitting
the
City
of
Poway's
(City)
revised
draft
housing
element
update
received
for
review
on
January
22,
2024,
along
with
technical
modifications
received
on
March
12,
2024.

Pursuant
to
Government
Code
section
65585,
the
California
Department
of
Housing
and
Community
Development
(HCD)
is
reporting
the
results
of
its
review.

In
addition,
HCD
considered
public
comments
from
Chris
Cruse
and
Preserve
Wild
Poway
pursuant
to
Government
Code
section
65585,
subdivision
(c).

The
revised
draft
element,
including
technical
modifications,
meets
the
statutory
requirements
of
State
Housing
Element
Law.

The
housing
element
will
substantially
comply
with
State
Housing
Element
Law
(Gov.

Code,
§
65580
et
seq)
when
it
is
adopted,
submitted
to,
and
approved
by
HCD,
in
accordance
with
Government
Code
section
65585
.

As
a
reminder,
the
City's
6th
cycle
housing
element
was
due
April
15,
2021.

As
of
today,
the
City
has
not
completed
the
housing
element
process
for
the
6th
cycle.

The
City's
5th
cycle
housing
element
no
longer
satisfies
statutory
requirements.

HCD
encourages
the
City
to
revise
the
element
as
described
above,
adopt,
and
submit
to
HCD
to
regain
housing
element
compliance.

Public
participation
in
the
development,
adoption
and
implementation
of
the
housing
element
is
essential
to
effective
housing
planning.

Throughout
the
housing
element
process,
the
City
must
continue
to
engage
the
community,
including
organizations
that
represent
lower-income
and
special
needs
households,
by
making
information
regularly
available
while
considering
and
incorporating
comments
where
appropriate.

Please
be
aware,
any
revisions
to
the
element
must
be
posted
on
the
local
government's
website
and
to
email
a
link
to
all
individuals
and
organizations
that
have
previously
requested
notices
relating
to
the
local
government's
housing
element
at
least
seven
days
before
submitting
to
HCD
.
30 of
56 ATTACHMENT
D
April 2, 2024, Item #8
Bob
Manis,
Director
Page
2 Several
federal,
state,
and
regional
funding
programs
consider
housing
element
compliance
as
an
eligibility
or
ranking
criteria.

For
example,
the
CalTrans
Senate
Bill
(SB)
1 Sustainable
Communities
grant,
the
Affordable
Housing
and
Sustainable
Communities
programs,
and
HCD's
Permanent
Local
Housing
Allocation
consider
housing
element
compliance
and/or
annual
reporting
requirements
pursuant
to
Government
Code
section
65400.

With
a
compliant
housing
element,
the
City
will
meet
housing
element
requirements
for
these
and
other
funding
sources.

For
your
information,
some
general
plan
element
updates
are
triggered
by
housing
element
adoption
. HCD
reminds
the
City
to
consider
timing
provisions
and
welcomes
the
opportunity
to
provide
assistance
. For
information, please
see
the
Technical
Advisories
issued
by
the
Governor's
Office
of
Planning
and
Research
at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. HCD appreciates
the
hard
work
and
dedication
the
City's
housing
element
team
provided
in
preparation
of
the
City's
housing
element
and
looks
forward
to
receiving
the
City's
adopted
housing
element.

If
you
have
any
questions
or
need
additional
technical
assistance,
please
contact
Jose
Ayala,
of
our
staff,
at
[email protected].

Sincerely, Paul
McDougall
Senior
Program
Manager
31 of
56 April 2, 2024, Item #8
32 of 56
City of Poway 2020-2029 Housing Element (on file in the Office of the City Clerk) https://poway.org/286/Genera I-Plan

ATTACHMENT E
April 2, 2024, Item #8
RESOLUTION NO. 21-067

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ADOPTING A NEGATIVE

DECLARATION (ENVIRONMENTAL ASSESSMENT) FOR
GENERAL PLAN AMENDMENT 21-001 AND 21-002 FOR THE

ADOPTION OF CITY OF POWAY HOUSING ELEMENT UPDATE
(2020-2029)
WHEREAS, State Law requires that cities periodically update the Housing Element of the General Plan;
WHEREAS, an Environmental Initial Study (EIS) was completed for the project, as required under the California Environmental Quality Act (CEQA). A letter was sent to the tribal representatives which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction. The EIS determined that the project would not have a significant effect on the environment. A Notice of the Availability of the EIS and proposed Negative Declaration (ND) for public review and comment was provided pursuantto the requirements of CEQA;
WHEREAS, the EIS and draft ND were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse# 2021060520) for a required 30- day public review and comment period;
WHEREAS, Notice of Availability of the EIS and ND for public review and comment was provided pursuant to the requirements of CEQA. No comments were received during the 30- day public review and comment period;
WHEREAS, on August 3, 2021, 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 all 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: In accordance with the requirements of the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) and a Negative Declaration (ND) have been prepared for General Plan Amendment (GPA) 21-001, GPA21-002 and Environmental Assessment (EA) 21-001 for the Housing Element Update. It was determined that the project will not have any significant adverse impacts on the environment. Any anticipated impacts were determined to be below a level of significance and, therefore, do not require any mitigation. The EIS and draft Negative Declaration were sent to the State Clearinghouse for distribution and review by relevant state agencies (State Clearinghouse #2021060520) for a required 30-day public review and comment period. The City Council has considered the EIS and ND, and public comments received on the EIS and ND. The subject EIS and ND docu'mentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND (Exhibit A). 33 of 56 ATTACHMENT F
April 2, 2024, Item #8
Resolution No. 21-067

Page 2 ends

Poway City CouncilApril 2, 2024

Poway City Council
April 2, 2024