Poway City Council
July 16, 2024

AG EN DA Poway City Council
Council Chamber I 13325 Civic Center Drive I Poway, CA I 92064 July 16, 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 or the 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/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

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

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
Councilmember
Anita Edmondson
Councilmember
Brian Pepin
Councilmember
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 May 21, 2024 Regular City Council Meeting Minutes

3. Award of Agreement to Yunex LLC, DBA Yunex Traffic for Traffic Signal Maintenance and Emergency Repair Services; RFP No. 24-024

4. Resolution Authorizing the Acceptance of the 2023 State Homeland Security Grant Program Funds

5. Approval of Agreement with the San Diego Humane Society for Animal Services

6. Second Extension of the Fiscal Year 2024-25 Citywide Striping Project Contract with Statewide_ Stripes, Inc., Bid No. 22-012, Appropriation of Additional Funds, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

7. Award of Contract to AOS Inc., dba Superior Roofing for the Poway Center for the Performing Arts Roof Replacement Project, Bid No. 24-009, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
ORDINANCES FOR INTRODUCTION: None
2 of 5 Regular City Council Meeting July 16, 2024
PUBLIC HEARINGS:

8. Variance (VAR) 24-0001; a Request to Allow an Accessory Dwelling Unit (ADU) to Observe a Reduced Front Yard Setback on Property Located at 14906 Espola Road APN: 321-020-40 City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution.

9. Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

10. Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

11. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

12. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-2 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

13. Resolution Establishing Assessments for Poway Landscape Maintenance District 86-3 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

14. Resolution Establishing Assessments for Poway Landscape Maintenance District 87-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.

15. Resolution Establishing Assessments for Poway Lighting District to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25
City Manager's Recommendation: It is recommended City Council take public input, close the public hearing and adopt the Resolution.
3 of 5 Regular City Council Meeting July 16, 2024

16. Resolution Renewing the Fire Protection Special Tax to be Collected on the Property Tax Roll for Fiscal Year 2024-25
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution.

17. 2023 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2024-2025
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving the 2023 Weed and Nuisance Abatement charges to be collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2024- 2025.

18. Specific Plan Amendment (SPA) 22-0001, Development Review (DR) 22-0002 and Conditional Use Permit (CUP) 22-0004, to Allow the Construction of a 30,500 Square Foot Recreational Club with Outdoor Fitness Uses, Restaurant, Alcohol Sales, Small Supportive Retail including Spa and Lighted Recreational Courts; Approve an Addendum to the Farm In Poway Specific Plan Final Environmental Impact Report (FEIR) (EA) 19-001
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and adopt the Resolution to approve the Addendum to the FEIR, introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for August 6, 2024, thereby approving the SPA subject to, and expressly contingent on, approval by a majority vote of the people of the City of Poway, and adopt the DR and CUP Resolution.

STAFF REPORTS:

19. Consideration of Placing a Measure on the November 5, 2024 General Municipal Election Ballot which would amend The Farm in Poway Specific Plan to allow development of a 30,500 square­ foot Recreational Fitness Club with outdoor fitness uses, lighted recreational courts, two swimming pools, fitness center, cafe with bar, alcohol sales, a day spa, small supportive retail, and parking on 6.87 acres; Direct the City Attorney to Prepare an Impartial Analysis; Adopt Resolutions Authorizing the City Council to file Written Arguments; and Provide for Filing of Rebuttal Arguments
City Manager's Recommendation: It is recommended the City Council adopt the attached resolutions to order the placement of a measure on the ballot for the November 5, 2024 General Municipal Election to obtain voter approval of the Project; to authorize Councilmembers to file, and to establish priorities for filing written arguments; to direct the City Attorney to prepare an impartial analysis; and to approve the filing of rebuttal arguments.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS:

20. Opposition to Sexually Violent Predator (SVP) Placement in Poway Mayor's Recommendation: The Mayor requests Council concurrence to submit a letter in 4 of 5 Regular City Council Meeting July 16, 2024
opposition to the SVP placement.

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:

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 July 9, 2024. Said meeting to be held at 7:00 p.m.,July 16, 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. 5 of 5 Regular City Council Meeting July 16, 2024
July 16, 2024, Item #2
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

July 16, 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 May 21, 2024 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 21, 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 May 21, 2024 Regular City Council Meeting Minutes .

Public Notification:

None.

Attachments:

A. May 21, 2024 Regular City Council Meeting Minutes
Reviewed/Approved By:
i)~ L-,--->
Wend aserman
Assistant City Manager
1 of 8
Reviewed By:

Alan Fenstermacher
City Attorney City Manager
July 16, 2024, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
May 21, 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, $teve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Bob Manis; Interim Director of Finance Brad Rosen; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Jeff Chumbley; Captain Claudia Delgado, 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:

None.

PUBLIC COMMENT:

Joe St. Lucas spoke regarding National Fibromyalgia Awareness Day and shared details regarding the diseases' effects on the body.
2 of 8

ATTACHMENT A
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 1, 2 and 4 through 11. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Pepin, De Hoff, Edmondson, Frank, Vaus
None
None
None
Disqualified: None
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to approve Consent Calendar Items 3. Motion carried 4/1 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

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

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

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

3. Second Reading and Adoption of Ordinance No. 868 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Section 2.04.020 of the Poway Municipal Code to Increase Mayor and Council Compensation"

4. Approval of the Fourth Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to Amend Section 3.02 and 3.05 of the Joint Powers Agreement

5. Second Extension of the Fiscal Year 2021-22 Street Overlay Project Contract for the Fiscal Year 2023-24 Street Overlay Project with Hazard Construction ENGR, LLC, Bid No. 22-011, Approval of Consultant Agreement for Construction Management Services with Reddy Engineering Services, Inc., RFP No. 24-019, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

6. Award of Contract to DBX, Inc., for the Poway Road Safety Improvements Project, Bid No. 24-003, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

7. Poway Housing Successor Annual Report for Fiscal Year 2022-23

8. City's Investment Report as of March 31, 2024

9. Annual Investment Policy Review

10. Approval of Agreement between the City of Poway and Gary F. Hoyt Landscape Architecture, Inc. and lnterwest Consulting Group, Inc., for as-needed Landscape Plan Check and Inspection Services
3 of 8
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024

11. Acceptance of Public Improvements for the Poway Commons Project, Street Improvement Plan 20-0002
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

12. Amendments to Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code Regarding Minor Development Review Applications; Zoning Ordinance Amendment (ZOA 24-0002) Mayor Vaus opened the Public Hearing at 7:05 p.m.

City Planner Stan Donn presented the item. He stated, per Council's directive at the February 6 2024 Regular meeting, staff prepared amendments to the Poway Municipal Code (PMC) to eliminate the Minor Development Review Application (MORA) requirements for the construction of a single home, additions, remodels, detached accessory structures, and unlighted recreational courts.

By eliminating the MORA requirements, the mechanism to identify all necessary permits and approvals with a project is also eliminated. In the absence of the MORA requirement, staff have developed an applicant information sheet to provide guidance when projects trigger approvals in addition to a building permit. Examples of projects which could trigger additional requirements were provided.

Mr. Donn added, the applicant will be responsible for placing a City provided sign at the front of the property as a public noticing requirement. He stated the elimination of the MORA requirement will reduce costs and time associated with the development process for applicants as well as increase staff's availability to review and manage other more complex discretionary projects.

Public Comment:

Eric Weller, on behalf of Poway Voices, spoke in opposition to Item #12 and the removal of the MORA requirement .

End of Public Comment.

Mayor Vaus closed the Public Hearing at 7: 11 p.m.

Council discussion ensued. Council and City staff discussed private property rights, public noticing signage requirements and the public's access to new notices and building permits via the City's website. Council confirmed building project applicants are still required to submit all technical documents and plans with their building permit application. Council responded positively to the amendments, citing improved efficiencies and the reduction of unnecessary costs and time associated with the MORA development process.

As requested by the Mayor, City Clerk Gallagher titled the Ordinance and took a roll call vote.

Ayes: De Hoff, Edmondson, Pepin, Frank, Vaus
4 of 8
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Noes: None
Abstained: None

Absent: None
Disqualified: None
Motioned by Mayor Vaus, seconded by Deputy Mayor Frank to introduce Ordinance No. 869 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 17.08, 17.30 and 17.52 of the Poway Municipal Code to Eliminate the Minor Development Review Requirement for Certain Types of Projects" waive further reading and schedule the adoption of the Ordinance for the June 4, 2024 Regular City Council meeting. Motion carried 5/0.

13. Conditional Use Permit 24-0004 and Development Review 24-0001, a Request to Modify the Approved Conditional Use Permit 22-0006 and Development Review 22-0005 by Relocating the Outdoor Dining Area for Raising Cane's, located at 12665 Poway Road (APN 317-490-14-00)
Mayor Vaus opened the Public Hearing at 7:19 p.m.

Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.

She provided zoning map images for the property and adjacent parcels, and aerial and street view photographs of the current site and condition. She added the subject property is a .93- acre site. Ms. Piscitelli noted, Council's 2023 approval of the Raising Cane project, authorized demolishing the existing building and pavement and replacing with new drive-through restaurant building with two drive-through lanes and a covered outdoor dining space along Poway Road.

Ms. Piscitelli stated, Conditional Use Permit (CUP) 24-0004 and Development Review (DR) 24-0001 modification proposes relocating the outdoor dining area from the northerly portion of the site fronting Poway Road to the area abutting the building's south elevation and would accommodate approximately 66 seats. She added the applicant has proposed to turn the northerly portion of the site facing Poway Road into a landscaped area with benches, providing shade and rest for pedestrians. This modification adheres to the Poway Road Specific Plan (PRSP) goals with the landscape buffer for pedestrians on Poway Road.

Ms. Piscitelli explained, Council's prior approved conditions are still applicable. This project is substantially consistent with the Specific Plan (SP) including its development standards and guidelines that were analyzed in the Environmental Impact Report (EIR). No other changes other than the location of the outdoor dining area are requested for approval.

Lester Tucker of L.T. Development Corporation, speaking on behalf of the applicant, noted the modifications to the dining area were requested by Raising Cane's due to public safety concerns, he added the new design is able incorporate an additional 900 square feet of landscaping on the project site.

Public Comment:

None.

End of Public Comment.
5 of 8
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Mayor Vaus closed the Public Hearing at 7:24 p.m.

Council discussion ensued. They responded positively to the proposed modifications, describing them as an improvement, noting the additional landscaping, pedestrian safety, walkability and the addition of new benches along Poway Road.

Motioned by Deputy Mayor Frank, seconded by Councilmember De Hoff to adopt Resolution No. 24-021 entitled "A Resolution of The City Council of The City of Poway, California Approving Conditional Use Permit 24-0004 and Development Review 24- 0001, a Modification of Conditional Use Permit 22-0006 and Development Review 22- 0005, for the Construction of a Drive-Through Restaurant, Located at 12665 Poway Road; Assessor's Parcel Number 317-490-1400." Motion carried unanimously.

STAFF REPORTS:

14. Underground Waiver (UW) 23-0002; a Request for a Waiver of the Requirement to Underground an Existing Overhead Pole and Utility Lines by Paying an In-Lieu Fee to be Established by Resolution of the City Council
Senior Civil Engineer Sara Trunzo presented the item along with a PowerPoint presentation.

She provided an aerial photo of the property and the overhead utility lines and poles that run through the subject and neighboring properties on Creek Road. The proposed development consists of demolition of an existing single-family home and construction of a new single­ family residence per MORA 21-028.

Ms. Trunzo explained the Minor Development Review Application (MORA) requires the undergrounding of any overhead utility lines spanning the property. Per City policy established by Resolution No. 91-003, the project qualifies for a waiver of the requirement to underground utilities, and the property owner has the option of paying an in-lieu fee to be established by resolution of the City Council.

SDG&E informed City staff electrical services for the adjacent properties fronting Creek Road will be provided by new underground electrical lines, thus the project will extend the underground electrical lines in Creek Road to serve the new residents. She explained the applicant is placing underground service lines along the frontage of their property, requiring the removal, relocation and installation of the existing overhead poles.

Ms. Trunzo noted the in-lieu fee is the actual cost of the work to remove the overhead lines within the property and relocate an overhead pole. The fee is calculated at $9,493.20 and would be kept in an account held by the City until the work is completed. The applicant has recorded a covenant agreeing not to oppose a future utility undergrounding district and to pay their pro rata share of the actual removal costs of the existing overhead transmission lines within the property.

Public Comment:

George Wu spoke in opposition to Item #14 due to safety concerns related to the overhead utility lines.

End of Public Comment.

Council discussion ensued.
6 of 8
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
Motioned by Mayor Vaus, seconded by Councilmember Pepin to adopt Resolution No. 24-022 entitled "A Resolution of The City Council of The City of Poway, California Establishing an In-Lieu Fee Amount to be Paid by the Applicant for the Deferral of Undergrounding Requirements for Minor Development Review Application 21-028, Assessor's Parcel Number 320-020-19-00." Motion carried unanimously.

15. Pre-Development Conference 24-0001, a Proposal for a Specific Plan Amendment to Allow a Car Wash as a Conditional Use in the Mixed Use Land Use Designation in the Poway Road Specific Plan, APN 317-540-64-00
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.

She noted this item is advisory only, and added Council will not be asked to make decisions on the matter this evening. She provided details on the proposed project, including site location, size, zoning and land use, access, pedestrian activity, project architecture, and the adjacent properties. Ms. Piscitelli noted both builder and City requirements if the project was to move forward.

Daniel Freedman, counsel for Super Star Car Wash, provided a PowerPoint presentation.

Applicant and property owner Mike Foster provided additional information regarding the proposed project.

Public Comment:

None.

End of Public Comment.

Council discussion ensued. Council provided background on the Poway Road Specific Plan (PRSP), recounting the development process and its implementation. Council addressed concerns over lack of pedestrian access; curb appeal; increased traffic; the aesthetics of the proposed architectural style; and lack of retail, commercial and dining elements. Council responded positively to the opportunity to improve the property, noting the dilapidated state of the property. Council cited automotive commercial uses as being a prohibited land use under the PRSP and expressed strong hesitancy in making any changes or exceptions for the proposed project.

Council provided input and direction regarding the request as recommended.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Mayor Vaus announced the annual Memorial Day Commemoration taking place at Dearborn Memorial Park in Poway.
7 of 8
July 16, 2024, Item #2
City of Poway - Minutes - May 21, 2024
CITY MANAGER ITEMS:

None.

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

CLOSED SESSION:

None.

ADJOURNMENT:

The meeting was adjourned at 7:59 p.m.
8 of 8
Carrie Gallagher, CMC
City Clerk
City of Poway, California
July 16, 2024, Item #3
DATE:

TO:
· FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway

CITY COUNCIL
July 16, 2024
Honorable Mayor and Members of the City C~~ il
Eric Heidemann, Director of Public Works 't"" \ f
Will Wiley, Assistant Director of Public Works for Maintenance Operations (858) 668-4705 [email protected]
Award of Agreement to Yunex LLC, DBA Yunex Traffic for Traffic Signal Maintenance and Emergency Repair Services; RFP No. 24-024
A request for proposal (RFP) for Traffic Signal Maintenance and Emergency Repair Services, RFP No. 24-024, was duly advertised on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024. Staff reviewed the proposals submitted and selected Yunex LLC, DBA Yunex Traffic (Yunex Traffic) as the company to provide traffic signal maintenance and emergency repair services to the City of Poway (City). Staff determined Yunex Traffic to be responsive and qualified to provide these services. The length of this Agreement shall be for two (2) years beginning on July 17, 2024, through June 30, 2026. The Agreement can be extended by a maximum of three (3) one-year terms.

Recommended Action:

It is recommended City Council award the Agreement for Traffic Signal Maintenance and Emergency Repair Services, RFP No. 24-024, to Yunex LLC, DBA Yunex Traffic and authorize the City Manager to execute the necessary documents.

Discussion:

The City has a continuing need for traffic signal maintenance and emergency repair services throughout the City. The City is currently responsible for the maintenance of the City's traffic signal system, which includes 56 traffic signals, corresponding electrical devices (e.g., pull boxes, cameras, controllers), various flashing beacons, and pedestrian crosswalks. The Agreement consists of two elements: general maintenance and emergency repairs. General maintenance includes the visual inspections and necessary repairs of all existing traffic signal equipment (lamps, ballasts, photoelectric control), as well as the connections between the service points and signal equipment and electrical and communication (fiber) connections. Emergency repairs include, but are not limited to, the repair or replacement of damaged equipment and installation of new traffic signals. 1 of26
July 16, 2024, Item #3
The City issued a notice requesting proposals for traffic signal maintenance and emergency repair services on April 25 and May 2, 2024. Two (2) proposals were received and opened on May 16, 2024.

City staff requested interviews from both proposers, and interviews were conducted on May 28, 2024.

City staff requested best and final offers (BAFO) from the two (2) proposing contractors, and two (2) BAFO submittals were received on May 29, 2024. A summary of the results received is provided in Table 1 below:

Table 1: Best and Final Offer
Hourly Equipment Rates
Item Item Description Yunex Traffic Bear Electrical Solutions Inc. No. 1 Service Truck $20 $20
2 Bucket Truck $35 $35
3 Crane $60 $65
4 Towable Air $5 $15 Compressor
5 Towable Arrow $5 $15 Board
Routine Maintenance Annual Rates
Item Item Description Yunex Traffic Annual Total Bear Electrical Solutions Inc. Annual Total No. 6 Traffic Signal $53,088 $47,040 Maintenance
7 Flashing Beacon $6,216 $5,880 Signs Maintenance
8 Flashing Stop Signs $10,200 $13,020 Maintenance
Personnel Hourly Rates
Item Yunex Traffic Hourly Yunex Traffic Bear Electric Bear Electrical Item Description Solutions Inc. Hourly Solutions Inc. No. Rate Overtime Rate Rate Overtime Rate 9 Operations $96 $116 $125 $165 Superintendent
10 Foreman $96 $116 $120 $160
11 Traffic Signal $125 $155 $115 $155 Technician
12 Streetlight $125 $155 $115 $155 Technician
13 Utility Technician $125 $155 $115 $155
14 Groundman $116 $165 $95 $140
15 Lab Technician $96 $116 $115 $155
16 Engineering / $96 $116 $95 $140 Systems Technician
After reviewing the proposals, City staff selected Yunex Traffic as the best qualified contractor to provide traffic signal maintenance and emergency repair services based on their experience, expertise and program costs. The length of the initial Agreement is two (2) years beginning July 17, 2024, through June 30, 2026. The Agreement can be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms.
2 of26
July 16, 2024, Item #3
Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the Fiscal Year 2024-2025 operating budget Lighting District Division account (430050-43260).

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
3 of 26
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
July 16, 2024, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 17th day of July 2024, by and between the CITY OF POWAY (hereinafter referred to as "City") and Yunex LLC, OBA Yunex Traffic (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private Contractor to perform Traffic Signal Maintenance and Emergency Repair Services; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services;
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

Contractor 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 Contractor 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 in 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 Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of26 ATTACHMENT A
July 16, 2024, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor 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 Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor 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.

Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor 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.

Contractor shall provide its own office space and clerical support at its sole cost and expense.

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, 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 Contractor upon demand.
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July 16, 2024, Item #3

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor 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 Contractor has a financial interest as defined in Government Code Section 87103. Contractor 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.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

July 16, 2024, Item #3
DISCLOSURE DETERMINATION:
[8J 1. 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. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.

Department Director

10. No Assignments.

Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.

11. Maintenance of Records.

Contractor 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 agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

Contractor 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. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession .
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July 16, 2024, Item #3

14. Contractor's Insurance.

Contractor 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 Contractor'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 Contractor or any other person for, and Contractor 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 Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor 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 Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor 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 Contractor, 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 Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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July 16, 2024, Item #3
(e) Contractor 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 Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor 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 Contractor: (a) Contractor hereby assumes the risk ofany and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor'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 Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.

17. Contractor Not an Agent.

Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Contractor 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 Contractor by giving oral or written notice to Contractor to such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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July 16, 2024, Item #3

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. Contractor 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 Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor 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," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor 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 Contractor and City relating to the terms and conditions of the services to be performed by Contractor. 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.
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July 16, 2024, Item #3

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 (Cal PERS) and shall not become members of CalPERS while providing services to City.

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments 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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July 16, 2024, Item #3
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, City Clerk
APPROVED AS TO FORM:

Yunex LLC, DBA Yunex Traffic
By:-------------­
Steven Teal, Director of Services
Date: ------------
By:--------------­
Alan Fenstermacher, City Attorney
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July 16, 2024, Item #3
A. Scope Of Work.
"SPECIAL PROVISIONS"
EXHIBIT "A"
The Scope of Work is intended to cover traffic signal maintenance and emergency repair services for all projects assigned to the Contractor. Any single project that is estimated to exceed $5,000.00, the City reserves the right to place out for bid or solicit quotes from other vendors. Contractor agrees to perform traffic signal maintenance and emergency repair services as required by the City. The Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall:

1. Routine Maintenance:
a. Provide continuing, comprehensive, routine maintenance to eliminate or reduce the incidents of malfunctions, operational complaints and extend the useful life of the existing traffic signal control equipment.
b. Inspect, clean, and if necessary, adjust all traffic signal control equipment to meet manufacturer's original specifications at each signalized intersection once each calendar month.
c. Monthly inspection and cleaning of all cabinets shall include the repair/replacement of parts in controller cabinet, detector loop patching, cleaning and realignment of signal indications, continuity checks, testing of the City's communication system, testing and replacement of battery back-up systems, LED and pedestrian indication replacements, rewiring, concrete and foundation repairs, and lamping to maintain existing operation.

2. Monthly Inspections:
a. Inspect, clean adjust and make routine inspections of each traffic signal location once per month. Record in each controller cabinet showing the date and time checked. Repairs to the controller box shall not be completed without prior approval from the City.
b. Submit a standard checklist for inspections and tasks that have been completed at each intersection, including, but not limited to:
c. Clean the inside and outside of all controller cabinet assemblies, electrical service, battery back-up cabinets, interconnect cabinets, removing any foreign material, including graffiti. Tighten all electrical termination and check all communication connections. Inspect/protect all related facilities for/from insect/bug/rodent infiltration. Rust and water damage shall be reported to the City in the monthly report.
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July 16, 2024, Item #3
d. Check the timing of individual signal phasing and integral timing circuits for the correct operation per the timing sheet. Traffic signal timing changes will only be made by Contractor with the City's approval. The City will be notified of these changes as soon as the change has been made. All changes will be documented in the necessary Contract records.
e. Check and verify timing of yellow (clearance) interval on all phases per the timing sheet.
f. Check and set, if necessary, all real-time digital clocks to the National Bureau of Standard Time.
g. Check detector units and systems including, but not limited to, inductive loops, video detection, and pedestrian/bicycle push buttons for correct detection of various modes of transportation and adjust or repair as necessary to restore intended operation. This includes splicing (or re-splicing) of detector loops and the replacement of pedestrian/bicycle push buttons.
h. Inspect all load switches, Battery Backup Units (BBU'S), photo-cells, dials, controller cabinet switches, relays, clocks, cabinet locks, cabinet mechanisms, cooling fans, etc., and make routine adjustments or minor repairs, if necessary. i. Walk all approaches of the intersection and visually inspect all signal poles, mast arms, signal head and indications (including programmed visibility indications), traffic control signs, pedestrian signals, illuminated street name signs, loop sealants, pull box covers, and any other devices to verify the correct condition, placement, and/or operation. Any traffic signal or illuminated indication that is burned out or has reached eighty percent (80%) depletion curve will be replaced.

All traffic heads and pedestrian heads found out of alignment will be properly aligned and secured. Check all traffic signal indication visibility at approach distances, remedy, and report visibility deficiencies to the City immediately.

Missing signs including pedestrian/bicycle push button plates will be replaced.

Cracked or damaged loop sealants will be re-sealed. All other equipment found loose, missing or damaged shall be secured, replaced, or repaired. j. Immediately correct all safety deficiencies found during routine inspection and submit work authorization request to the City to schedule non-emergency work. k. Check all traffic signal controller communication equipment for proper operation, verify correct IP addresses (controller) and adjust or repair, as needed.

Replacement of Ethernet switches will be coordinated with the City and subject to its approval. Verify the grounds and connections of the copper twisted pairs at those locations using this communication system. Test and make any repairs or adjustments. The City reserves the right to contract this work out to others, without compensation
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July 16, 2024, Item #3
I. Check battery back-up systems for proper operations and connections including checking and recording operational voltage range of all batteries, and adjust or repair, as needed. The date of new battery installations will be recorded in the traffic signal cabinet and in the monthly status reports to track the frequency of their required maintenance. Notify the City of non-operable or low-output batteries within twenty-four (24) hours. The replacement of batteries will be considered extra work and will require approval by the City. If batteries are found to be damaged (i.e., "exploded" or "cracked"), Contractor may be responsible for the cost of the replacement if it is determined that they have not been properly inspected or maintained.
m. Inspection of illuminated street name signs and safety lights will include at least one nighttime inspection each month with replacement lamps as required in addition to the timely replacement of burned-out or dim lamps as reported or observed. Contractor will notify the City of any sign panels or housing in need of refurbishment or replacement.
n. Inspection of flashing stop signs operation and make any repairs or replacement of lights, as required.

3. Quarterly Maintenance: In addition to monthly inspections, Quarterly Maintenane includes:
a. Lubricate with graphite lubricant, or equivalent, cabinet door locks and padlocks and confirm they are in good working order. Any missing or damaged locks will be replaced and/or repaired.

4. Semi-Annual Maintenance: In addition to Quarterly Maintenane, Semi-Annual Maintenance includes:
a. Replace the air filter elements in all cabinets.
b. Traffic signal battery back-up systems will be checked by electrical bypass for appropriate operation per the manufacturer's specifications. The City shall approve the schedule prior to the commencement of work. Review and prepare a report of annual replacement of batters by location and submit to the City.

5. Yearly Maintenance: In addition to Semi-Annual Maintenance, Yearly Maintenance includes:
a. Test conflict monitors and supply a report for each test conducted. The testing will take place on a schedule approved by the City. Any conflict monitor that does not pass the test will be repaired or replaced and billed as Extraordinary Maintenance.
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July 16, 2024, Item #3
b. The optical detector lens will be cleaned according to the manufacturer's specifications at all signalized intersections and fire station installations throughout the City. Contractor will supply a report for testing of Emergency Vehicle Pre-emption (EVP) system at each intersection. Testing will take place on a schedule approved by the City. Any EVP equipment will be repaired or replaced and billed as Extraordinary Maintenance.
c. Verify and update records of current controller software or firmware. All updates of controllers that require shutdown of a traffic signal will be coordinated with the City and may be required to be conducted at night. Software updates may be required more frequently than once a year.
d. Prepare and submit an annual work authorization request to the City listing cabinets (i.e., controller, splice pedestals, service) and signal head equipment that need painting as identified during the monthly maintenance reviews. Special notification will be provided regarding rusting or water damage. Authorization for painting will be subject to authorization per the terms of Extraordinary Maintenance. Painting to remove graffiti will be performed within twenty-four (24) hours of the observation or report, whichever is earlier. Contractor must use the City's current paint standard color and apply the appropriate paint type to provide uniform coverage and color on the equipment.

6. Repair and Replacement:
a. Replace or repair any and all defective parts of the traffic signal system which cause signal failure or malfunction, as the occasion arises per the routine maintenance, such as the signal controller, flashers, burned-out lamps, detector loops, video detection cameras and/or units, push buttons, sensing units and wiring system, communication internal modems and/or interface units, unless the failure or malfunction falls in the category of Extraordinary Maintenance. b. Complete all work in a timely manner notifying the City within twenty-four (24) hours of the next working day when any equipment is replaced with temporary replacements pending permanent repairs.

7. Loop Detector Replacement:
a. Once it is determined by the City that the sawcut has deteriorated to a point that applying more sealant is insufficient, the loop detector will be replaced and billed as Extraordinary Maintenance.

8. Lamps and Lighting:
a. Furnish and replace all illuminated street name sign lamps and safety lighting lamps at all traffic signals and flashers based upon an eighty percent (80%) 16 of26
July 16, 2024, Item #3
depletion curve (or fall outside acceptable levels), but not to exceed twenty-four (24) months, in accordance with the time schedule contained in the specifications.

All traffic signal lamps must conform to the standards of the N.E.M.A., U.L., E.I.A., A.S.T.M., A.N.S.I., and any ordinance that may apply.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated May 16, 2024, which are included in this document as Attachment 1. Contractor's fee shall include, and Contractor 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, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor 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. Contractor 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 July 17, 2024, and ending June 30, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first term of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2026. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
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July 16, 2024, Item #3
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) 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:

Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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July 16, 2024, Item #3
E. Notices.

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

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Yunex Traffic
1820 John Towers Ave., Suite A
El Cajon CA, 92020
(Remainder of page intentionally left blank)
July 16, 2024, Item #3
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Item Description Unit
Monthly Traffic Signal EA Maintenance
Monthly Flashing
Beacon Signs EA
Maintenance
Monthly Flashing Stop EA Signs Maintenance
Item Description Unit
Operations Hourly Superintendent
Foreman Hourly
Traffic Signal Technician Hourly
Streetlight Technician Hourly
Utility Technician Hourly
Groundman Hourly
Lab Technician Hourly
Engineering / Systems Hourly Technician
ATTACHMENT 1

FEE SCHEDULE
Routine Maintenance Rates
Quantity Unit Price
56 $79
14 $37
34 $25
Personnel Hourly Rates
Regular Time
$96
$96
$125
$125
$125
$116
$96
$96
Total Price
$4,424
$518
$850
Overtime
$116
$116
$155
$155
$155
$165
$116
$116
(Remainder of page intentionally left blank)
Annual
Price
$53,088
$6,216
$10,200
Premium
$140
$140
$185
$185
$185
$165
$140
$140
July 16, 2024, Item #3
Equipment Hourly Rate
Item Unit Unit Price
Service Truck Hourly $20
Bucket Truck Hourly $35
Crane Truck Hourly $60
Towable Air Compressor Hourly $5
Towable Arrow Board Hourly $5
Special Services Rates
Item Unit Unit Price
Underground Services Alert
(USA) Locate I Mark out Hourly $150
Services
Underground Services Alert
(USA) Locate/ Mark out EA $665
Services
Underground Services Alert
(USA) Locate I Mark out EA $600
Services
Cabinet Testing EA $950
(Remainder of page intentionally left blank)
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July 16, 2024, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period July 16, 2024, Item #3
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
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 July 16, 2024, Item #3
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. (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 o[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:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
24 of26
July 16, 2024, Item #3

GUARANTY
To the City of Poway, City Council, for:

Traffic Signal Maintenance and Emergency Repair Services The undersigned guarantees the work included in this project(s).

Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the nu·mber of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upori demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.

Contractor
Date
25 of26
July 16, 2024, Item #3

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self­ insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self­ insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
26 of 26
July 16, 2024, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Jeff Chumbley, Fire Chief~/
Jenna Stein, Sr. Management Analyst ~
858-668-4474 or [email protected] TJI

CITY COUNCIL
Resolution Authorizing the Acceptance of the 2023 State Homeland Security Grant Program Funds
The Department of Homeland Security provides funds through the State Homeland Security Grant Program (SHSP) to cities to build and sustain emergency response capabilities. The grant is administered regionally by the San Diego County Office of Emergency Services. Funds for training are allocated to each jurisdiction based on population. Poway's allocation for the SHSP Grant Fiscal Year 2023 is $21,779.

Recommended Action:

It is recommended the City Council adopt the attached resolution authorizing staff to accept funds through the State Homeland Security Grant Program Fiscal Year 2023.

Discussion:

The Department of Homeland Security provides funds through the SHSP Grant to states and local agencies to build, sustain, and deliver emergency response capabilities. The funds help advance the program's goals and objectives.

The County of San Diego applies for, receives and administers federal grant funds associated with the program. The County's Unified Disaster Council, of which Poway is a member, is the governing body that determines the local grant distribution formula, which is based on each jurisdiction's population.

After making qualified purchases, cities are reimbursed by the County for the full purchase amount.

One of the program's goals is to strengthen communication capabilities with an objective to implement a statewide interoperability plan. To advance this goal the City plans to use the allocated $21,779 in grant funds to purchase replacement Very High Frequency (VHF) radios. VHF radios are the standard for communication during a wildfire event throughout the State of California and are 1 of4
July 16, 2024, Item #4
required for fire agencies that provide mutual aid. VHF radios operate at a different band level then the 800MHz radios used during other emergency response incidents. Both VHF radios and 800MHz radios are essential for ensuring firefighter safety and interoperability during an emergency incident.

This funding will be used to replace VHF mobile radios as a part of the Department's ongoing VHF mobile radio upgrade efforts.

Environmental Review:

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

Fiscal Impact:

The City currently budgets for the replacement of some VHF mobile radios annually and will still incur costs this year. The State Homeland Security Grant does not require matching funds. Upon completion of the grant-related expenditures in the amount of $21,779, the General Fund will be reimbursed through the grant funding. The reimbursed funds will allow the City to replace additional VHF mobile radios as a part of the Department's ongoing VHF mobile radio upgrade efforts and provide additional VHF radios to Fire. It is anticipated all grant expenditures and reimbursements will be completed by December 30, 2025.

Public Notification:

None.

Attachments:

A. Resolution
Reviewed/Approved By:

Assistant City Manager
2 of 4
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch<JdiJ
City Manager
July 16, 2024, Item #4
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF
FUNDS THROUGH THE 2023 STATE HOMLEAND SECURITY

GRANT PROGRAM
WHEREAS, the City of Poway is eligible to receive federal grant funds through the 2023 State Homeland Security Grant Program for emergency preparedness; WHEREAS, the approved grant allocation for the City of Poway is $21,779; WHEREAS, the federal grant funds for the State Homeland Security Grant Program require no City matching funds, all grant related expenditures are one-hundred percent reimbursable and the City shall incur no direct costs; and WHEREAS, it is the desire of the City of Poway to participate in this program to enhance emergency preparedness.

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

SECTION 1: The following staff are hereby authorized to execute for and on behalf of the City of Poway, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

Jeff Chumbley, Fire Chief
Jenna Stein, Sr. Management Analyst
II
II
II
II
II
II
II
II
II
II
II
3 of 4 ATTACHMENT A
July 16, 2024, Item #4
Resolution
No.
24-
Page
2 PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
16 th
day
of
July,
2024
by
the
following
vote,
to
wit:

AYES: NOES: ABSTAINED
:

ABSENT: DISQUALIFIED
:

Steve
Vaus,
Mayor
ATTEST
:

Carrie
Gallagher,
CMC,
City
Clerk
4of
4 July 16, 2024, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
July 16, 2024
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Servicesr$)
Roger Morrison, Senior Management Analyst
(858) 668-4581 or [email protected]

CITY COUNCIL
Approval of Agreement with the San Diego Humane Society for Animal Services The City's Agreement with the San Diego Humane Society (SDHS) for animal services (Agreement) expired on June 30, 2024, but has a 90-day administrative extension. A new Agreement has been prepared with a similar scope and an increase in fees of 5.1 %, from the Fiscal Year 2023-24 fee of $241,968 to $254,328, based on the cost to provide the service and the City's level of use of the service.

The Agreement is for 3 years with up to two 1-year extensions by mutual agreement.

Recommended Action:

It is recommended the City Council approve the Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and the SDHS for Animal Services.

Discussion:

Since 2005, the City has contracted with SDHS for animal sheltering and field services required by State, County, and City laws and ordinances. The existing Agreement expired on June 30, 2024, but has been extended by administrative extension to allow a new Agreement to be prepared to continue this arrangement. The effective date will be retroactive to July 1, 2024. Because the County of San Diego stopped providing animal services to other jurisdictions years ago, there are very limited options short of the City providing the service itself, which would require facilities and resources the City does not currently have.

The scope of services in the new Agreement is largely the same as in the previous one. These services include maintenance and operation of an animal shelter; management of a dog licensing program; enforcement of licensing and rabies vaccination requirements; investigation and enforcement of reports of cruelty to animals; responding to reports of dangerous domestic animals or animal bites; rattlesnake removal; disaster relief services; patrolling; and enforcement of laws related to the keeping of wild animals, off-leash dogs, barking dogs, and other related items. 1 of 20
July 16, 2024, Item #5
Officers from the SDHS patrol from 8 a.m. to 5 p.m. seven days a week, with adjustments to provide coverage at specific times during which potential issues have been noted or reported. In addition, residents can call the dispatch center at (619) 299-7012 to report any observed issues. After-hours reports are taken in and then handled during service hours except for emergency items such as (a) law enforcement requesting immediate assistance, (b) animal bite where the domestic animal poses an immediate threat or the bite injury is to the head or can be considered severe, (c) any act of cruelty or neglect to animals in progress or placing an animal in imminent danger, (d) any domestic animal known to be dangerous or vicious by previous determination in an administrative hearing or perceived to be an immediate threat or menacing the individuals reporting the event, (e) any live domestic animal presenting an immediate hazard to humans, such as one in traffic lanes of a major thoroughfare or highway, or (f) any domestic animal that is sick, injured, and in immediate danger.

The changes to the Agreement are generally minor wording changes. The two notable changes are that SDHS can invoice the City for disaster response if the City requests assistance, and SDHS can use outsourced veterinary services when necessary. In most respects, the services to be provided and the terms remain unchanged.

The fee charged to each jurisdiction by SDHS is proportional to the demand for services each jurisdiction generates. For the first year of this new Agreement, the cost to Poway would increase from $241,968 to $254,328, an increase of 5.1%. The fee in subsequent years would be based on SDHS's cost to provide services, with any proposed increase over 3% requiring notification to the City by January 31 of the year in which it would take effect on July 1.

Environmental Review:

This item is not subject to CEQA review.

Fiscal Impact:

The $254,328 for the first year of this agreement is included in Account 200020-41010 in the Fiscal Year 2024-25 adopted budget. The cost offuture years will be included in each year's budget proposal.

Public Notification:

None.

Attachment:

A. Agreement
Reviewed/Approved By:

Assistant City Manager
2 of 20
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
July 16, 2024, Item #5

ANIMAL SERVICES AGREEMENT
This Animal Services Agreement ("Agreement") is entered into effective the 1st day of July, 2024 ("Effective Date") by and between the CITY OF POWAY, a municipal corporation (the "CITY") and the SAN DIEGO HUMANE SOCIETY AND S.P.C.A., a California nonprofit corporation ("SDHS") (collectively, the "Parties"). This Agreement is made with reference to the following recitals.

RECITALS
A. It has been determined to be in the CITY' s best interest to retain specialized, professional services to provide animal control and sheltering services since the CITY does not provide such services.

B. The CITY desires to contract with SDHS as an independent contractor and SDHS desires to provide services to the CITY as an independent contractor.

C. SDHS personnel have demonstrated their competence and professional qualifications necessary for the satisfactory performance of the services designated herein by virtue of their experience, training, education and expertise.

D. The purpose of this Agreement is to ensure the proper, humane and efficient handling, ownership, treatment and disposition of dogs, cats and other domesticated animals, and to ensure the enforcement of laws, ordinances and regulations of the State of California and of the CITY concerning the regulation, licensing, impounding and disposition of dogs, cats and other domestic animals within the CITY.

NOW THEREFORE, in consideration of the covenants, conditions and terms set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES. SDHS shall provide animal sheltering and animal field services required by and in accordance with the laws, regulations, ordinances and codes of the State of California, the County of San Diego, and the CITY as further specified by this Agreement. The Services to be performed by SDHS pursuant to the terms and conditions of this Agreement shall consist of the Services enumerated below. In addition to those Services identified below, SDHS may routinely provide the CITY with the additional "Community Engagement and Services" outlined in Exhibit A, attached hereto and incorporated by reference, without an additional cost.

Exhibit A is subject to modification at SDHS's discretion based on resources and capacity.

1.1. Animal Sheltering. SDHS shall provide the CITY with animal shelter services consistent with public shelter functions to received and care for all dogs, cats and other domestic animals seized or impounded by Animal Field Services or delivered by members of the general public, provide humane disposition of animals, euthanizing, if warranted, and disposing of euthanized animals and deceased animals brought in by CITY residents. More specifically, SDHS shall maintain an animal shelter at 3500 Burnet Drive, Escondido, California ("Shelter"), which shall be open for public service and operation during reasonable days and hours of operation similar to other such facilities within the County of San Diego ("County"), and which shall comply with the standards described by the laws of the State of California, and the 3 of 20 ATTACHMENT A
July 16, 2024, Item #5
ordinances
of
the
County
and
the
CITY.

Such
animal
shelter
services
shall
include:
a.

The
housing
and
care
of
stray
domestic
animals
for
the
legal
hold
period
according
to
the
laws
of
the
State
of
California,
and
the
ordinances
of
the
County
and
the
CITY.
b.

The
housing
and
care
for
domestic
animals
under
rabies
quarantine
for
the
legal
hold
period
according
to
the
laws
of
the
State
of
California
and
the
ordinances
of
the
County
and
the
CITY.
c.

Housing
and
care
for
police
and
animal
cruelty
holds
for
a minimum
of
fourteen
(14)
days.
d.

Providing
lost
and found
opportunities for
the
general
public
for
domestic
animals
brought
to
the
Shelter.

1.2 .

Animal
Sheltering
Criteria.

SDHS
animal
sheltering
Services
shall
include:
a.

Feed,
care
for,
and
the
disposition
of
all
animals
coming
into
the
possession
of
SDHS
using
safe
and
humane
methods
in
accordance
with
the
State
of
California
laws
and
the
ordinances
of
the
County
and
the
CITY.
b.

Assume
all
expenses
to
maintain
and
operate
the
Shelter
and
properly
care
for
the
animals.
c.

Manage
the
dog
license
program
within
the
CITY
to
include:

1. Maintaining
files
including
current
and
expired
dog
license
and
the
owners
who
live
within
the
CITY
for
the
past
three
(3)
years.

11. Issuing
or
causing
to
be
issued
new
and
renewed
licenses
to
dog
license
applicants
within
the
CITY.
111.

Issue
when
appropriate
Service
Dog
Licenses
within
the
CITY.
1v.

Issuing
or
causing
to
be
issued
Dangerous
Dog
licenses
as
directed
by
the
CITY
after
the
City
Manager
or
his/her
designee
has
declared
a dangerous
animal
and
all
proceedings
under
Section

6.12.010
of
the
CITY
Municipal
Code
have
been
concluded
or
waived.
v.

Conducting
follow-up
enforcement
of
licensing
and
rabies
vaccinations
within
the
CITY.

1.3. Animal
Field
Services.

SDHS
shall
humanely
and
efficiently
enforce
all
applicable
animal
field
service
laws,
regulations,
ordinances
and
codes
of
the
CITY
(and
any
County
laws,
regulations
and
ordinances
as
adopted
by
the
CITY)
pertaining
to
animal
field
services
with
respect
to
the
scope
of
work
set
forth
below.

SDHS
shall
provide
the
CITY
with
the
following
animal
field
services
in
response
to
complaints
generated
by
the
public,
law
4 of
20 July 16, 2024, Item #5
enforcement and the CITY:
a. Investigation and enforcement of animal cruelty laws and related activities. b. Picking up and caring for injured domestic animals.
c. Addressing dangerous domestic animal situations.
d. Monitoring and responding to bites and enforcing rabies quarantine requirements.
e. Investigation and enforcement of vicious or dangerous dog complaints and activities associated therewith.
f. Patrolling and impounding stray dogs running at large. g. Investigation and enforcement of laws related to the keeping of wild animals.
h. Picking up and caring for stray and abandoned domestic animals contained by citizens and found within the City limits.

1.4. Animal Field Services Requirements. SDHS animal field service requirements include:
a. SDHS shall perform the Services in accordance with all laws and regulations applicable to the CITY.
b. SDHS shall provide daily the appropriate number of Humane Officer(s) (as defined below) and an animal containment vehicle(s) and equipment for the performance of animal field services.
c. SDHS shall humanely and efficiently enforce all laws of the State of California, the County, and the CITY pertaining to animal field services that are within the scope of SDHS's obligations under this Agreement. In the event that new laws enacted after the Effective Date of this Agreement would require increased services by SDHS, the cost for such additional services shall be added to the projected costs for the year immediately following enactment and billed accordingly.
d. SDHS Humane Officers (as defined below) and duly trained license coordinators are authorized to issue criminal and/or administrative citations for violations of CITY animal field service laws, and to issue notices as provided by law. SDHS's Humane Officers (as defined below) shall prepare appropriate reports concerning violations, file such reports with the applicable authority when necessary, and stand ready and available to testify in a court or administrative hearing when called upon to do so concerning such violations. e. SDHS shall respond to calls for animal field services between the hours of 8:00 a.m. to 7:00 p.m. daily ("Field Service Hours"). Based on the priority of the call, SDHS will respond within the times included in Exhibit B attached hereto and incorporated herein by reference.

Exhibit B is subject to reasonable change at SDHS's discretion and upon written notice to the 5 of 20
July 16, 2024, Item #5
CITY. SDHS may increase service levels and expand Field Service Hours based on service call volume and community need.

An after-hours duty officer shall provide emergency responses to Priority One calls during non­ Field Service Hours. "Priority One" calls are defined as a prompt, essential emergency response for the following:
a. Any law enforcement agency requesting immediate emergency assistance. b. Animal bite where the domestic animal continues to pose an immediate threat, bite injury is to the head, or the bite injury can be considered severe. c. Any act of cruelty and/or neglect to animals that is in progress or which places an animal in imminent danger.
d. Any domestic animal either known to be dangerous or vicious by previous determination in an administrative hearing or one that is perceived to be an immediate threat or menacing those individuals reporting the event. e. Any live domestic animal, which is presenting an immediate hazard to humans, such as a live domestic animal in traffic lanes of a major thoroughfare or highway.
f. Any domestic animal that is sick, injured and in immediate danger.

2. SDHS PERSONNEL. SDHS shall employ appropriate personnel and staff to assist and carry out its duties and obligations of this Agreement.

2.1. Humane Officers. SDHS shall have at all times during the term of this Agreement a reasonable number of Humane Officers qualified under California Corporations Code section 14502 and California Penal Code section 830.9 capable of performing and enforcing the provisions of the CITY ordinance related to domestic animals. They shall not carry firearms in the performance of their duties but may carry non-lethal weapons.

Each Humane Officer shall complete within one (1) year of date of hire or internal transfer or within one (1) year of the Effective Date of this Agreement, a course in training related to the exercise of his/her powers, which course shall meet the minimum standards prescribed by the Commission on Peace Officer Standards and Training and the State Humane Association of California.

2.2. Performance Standards. SDHS agents and employees shall treat the public with courtesy and respect at all times in performing all duties and obligations under this Agreement.

2.3. Compliance with Laws. SDHS shall comply with personnel policies and procedures that conform to federal and state laws with respect to hiring and firing practices.

3. OBLIGATIONS OF THE CITY. The CITY shall provide the following to assist SDHS in performing required animal control functions under this Agreement. 3 .1. CITY will provide training on specific CITY processes and other municipal 6 of 20
July 16, 2024, Item #5
techniques that humane officers may be expected to carry out.

3.2. The CITY shall endeavor to work with the SDHS in support of the licensing programs geared towards increased compliance, higher return owner rates, reduction in the number of animals needing housing care, and protecting residents against dangerous and/or vicious dogs and habitual offenders of animal laws.

4. REPORTS AND RECORDS.

4.1. Quarterly Reports. SDHS shall prepare quarterly reports to the CITY which shall provide the following information: (i) animal shelter operations (as it pertains to the Agreement), including the number of stray animals impounded, number of days held, and their disposition); (ii) all administrative or criminal citations processed; and (iii) animal field service activities including the number and type of incidents or reports investigated.

4.2. Governmental Reports. Should the CITY be required to furnish information to any other government agency, SDHS agrees to timely provide information that the CITY may need to meet such request as long as the iequest is within the scope of this Agreement.

4.3. Annual Reports. By no later than sixty (60) days following the end of each fiscal year, SDHS shall provide an annual report to the CITY with the information required by Section 4.1 for the preceding year.

4.4. Record Retention. All records and information required to be kept by SDHS pursuant to this Agreement shall be kept for a minimum of at least three (3) years unless required by law to be kept for a longer period.

5. COMPLIANCE WITH LAWS. All work by SDHS shall be performed in accordance with applicable city, state and federal laws, statutes and regulations.

6. LICENSE, PERMITS, ETC. SDHS 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. SDHS represents and warrants to CITY that SDHS 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 SDHS to practice its profession. SDHS shall obtain and maintain a CITY business license during the term of this Agreement.

7. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, SDHS, any employees of SDHS and any subcontractors employed by SDHS shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control SDHS only insofar as the results of SDHS's Services rendered pursuant to this Agreement; however, the CITY shall not have the right to control the means by which SDHS accomplishes its Services.

Neither SDHS nor SDHS's employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, any retirement benefits, 7 of 20
July 16, 2024, Item #5
workers' compensation benefits, any injury leave or other leave benefits, SDHS being solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

8. WORKERS' COMPENSATION. Pursuant to California Labor Code section 1861, SDHS hereby certifies that SDHS is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and SDHS will comply with such provisions, and certification of proof of compliance as a part of this Agreement.

9. NO CONFLICT OF INTEREST. SDHS shall not enter into any other contract which conflicts with its obligations under this Agreement. For the sole and limited purpose of interpreting this section 9, SDHS shall be deemed a "city officer or employee," and this section shall be interpreted in accordance with the California Government Code section 1090.

10. OWNERSHIP OF DOCUMENTS.

10.1. Reports and documents prepared or provided by SDHS under this Agreement shall be the property of the CITY. The CITY agrees to hold SDHS free and harmless from any claim arising from any use, other than the purpose intended, of the reports and documents, prepared or provided by SDHS. SDHS may retain a copy of all materials produced under this Agreement for the purpose of documenting their participation in this Agreement.

10.2. Animal license information and data, including, but not limited to, animal owner identification and address, animal name, description, license type and expiration date, are the property of the CITY and must be presented to the CITY in any reasonable document and computer format requested in writing by the CITY. All such information must be provided to the CITY within thirty (30) days of the CITY's request.

11. COMPENSATION. SDHS shall receive the following compensation for the performance of the Services.

11.1. Payments by the CITY. The CITY shall make payments to SDHS as follows:
8 of 20
(a) For the first twelve (12) month term of this Agreement, "Year 1 Compensation" (July 1, 2024 through June 30, 2025), compensation shall be $254,328.00, or $21,194.00 per month for each month.
(b) Both the CITY and SDHS recognize that costs to provide animal control, licensing and sheltering services to the CITY fluctuate over time. These fluctuations are a result of, but not limited to, costs to hire, retain and train SDHS personnel, costs of materials required to provide the services, the number of animals taken in by SDHS on behalf of the CITY, the condition of those animals, the time required to return or rehome those animals, the number of services provided by our Humane Law Enforcement Officers, the number of licenses issued and the number of cities being provided services by SDHS.

July 16, 2024, Item #5
(c) Both the CITY and SDHS recognize that the CITY's budgeting process does not allow for significant fluctuations in the amount paid to SDHS by the CITY. The CITY and SDHS also recognize that the timing of the CITY's and SDHS' budgeting processes also make it difficult to incorporate fluctuations in a current year into the compensation figure for the following year.
( d) Considering all the above, the CITY and SDHS agree to base annual compensation on the following:
(e) SDHS will project the costs required to provide animal control, licensing and sheltering services to all the cities under contract with SDHS. SDHS will project costs based on actual historical expenses, adjusted for expected changes in the upcoming contract year. SDHS will track historical statistics by each city under contract with SDHS and will use those statistics to allocate the projected costs to the CITY. The nature of the statistics tracked by SDHS may include, but are not limited to, Animal Intake, Animal Days Sheltered by SDHS, vet provided services, licenses issued and services provided by Humane Law Enforcement Officers. SDHS will also factor in any additional services requested by the CITY that is unique to that CITY and requires additional costs to SDHS. (f) By March 31st of each year, SDHS will provide the CITY with a budget packet to include their compensation cost to SDHS. SDHS will provide to the CITY a breakdown of the total compensation figure by the types of expenses required in providing services to the CITY. SDHS will provide explanations for changes in compensation not related to changes in CPI. The budget packet will include a form, for the CITY to sign and return to SDHS, acknowledging the compensation amount for the upcoming year.

11.2. In order to minimize year over year fluctuations in compensation required by the CITY, SDHS is required to communicate to the CITY any annual projected increase that exceeds CPI by 3% by January 31st for the upcoming contract year starting on the following July 1st.

11.3. Other Revenue. SDHS shall be entitled to retain as compensation for the Services:
(i) all reasonable user fees, service charges and proceeds collected by SDHS in connection with licensing, impounds, and redemption of domestic animals from the Shelter, (ii) any fines received by SDHS or the CITY arising out of any administrative citations issued by Humane Officers; and (iii) any other non-citation related revenue generated as a result of this Agreement. All user fees and service charges shall not exceed the reasonable cost of providing the service.

1.0 DISASTER RELIEF SERVICES. SDHS shall be designated the "Essential Support Function/Official Responder" with respect to any disaster to which the CITY is included within the disaster area designated by a governmental agency. SDHS may invoice the CITY for any costs and expenses, including staff overtime and equipment purchases and rentals, incurred by SDHS with respect to additional services provided by SDHS in connection with any disaster relief effort and which are eligible for reimbursement to Federal Emergency Management Agency ("FEMA") Disaster Assistance Policy 9523 .19 or any successor disaster assistance policy promulgated by FEMA. The CITY shall promptly reimburse SDHS for such costs and expenses, provided the CITY has received reimbursements from FEMA. SDHS shall provide any available supporting documentation requested by the CITY for any funding or reimbursement request 9 of 20
July 16, 2024, Item #5
regarding the disaster that is made to any governmental agency. In the event FEMA determines that any such cost or expense is not eligible for reimbursement pursuant to its applicable policy, where applicable, Contractor shall reimburse the City for an amount previously paid to Contractor by City as reimbursement for such disallowed costs or expenses. SDHS may also bill for disaster response such as deployment of the Specialized Disaster Response Emergency Team, large and small animal evacuation, and large and small animal sheltering if the CITY has requested assistance.

12. TERM AND TERMINATION.

12.1. Term. The term of this Agreement shall be for the period of thirty-six (36) months commencing on July 1, 2024 and terminating on June 30, 2027.

12.2. Mutually Agreed Extension. Following the expiration of the initial term of this Agreement, SDHS and CITY may extend this Agreement for two (2) one-year periods with any necessary revisions under the written consent of both Parties.

12.3. Administrative Extension. Upon the expiration of the term of this Agreement, the Parties retain the right to extend the Agreement for a period of 120 days in order to finalize a new Agreement.

12.4. Termination for Convenience. Either party shall have the right to terminate this Agreement, with or without cause, by providing the other party with one (1) year prior written notice.

12.5. Termination for Cause. At any time during the term of this Agreement, in case of material breach of this Agreement by either party, the non-breaching party shall have the right to terminate this Agreement by giving the breaching party written notice of such breach and demanding that such breach be cured within sixty ( 60) days ( or in the case of defaults in payment of monetary amounts due which are certain in amount and undisputed, ten [10] days) and, if such breach has not been cured at the end of such period(s), this Agreement shall terminate without the necessity of any party taking any further action. In the event a longer notice or cure period is required by applicable law, the cure period specified in this section or the effective date of termination shall conform to, but not exceed, such requirement.

12.6. Compensation Payable Upon Termination. In the event this Agreement is terminated pursuant to either Section 13.3 or 13.4, so long as SDHS has been providing the services specified herein, SDHS shall be entitled to receive the compensation and fees accrued through the effective date of termination.

13. INDEMNIFICATION. To the fullest extent permitted by law, SDHS shall indemnify, defend, and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liability that arise out of, pertain to, or relate to any act or omission by SDHS in the performance of Services under this Agreement, and the negligence, recklessness, or willful misconduct of SDHS, its employees, agents, and subcontractors in the performance of Services under this Agreement. SDHS's duty to indemnify under this Section shall not include liability for damages for death or bodily injury to persons, injury to property, or , 10 of 20
July 16, 2024, Item #5
other loss, damage or expense arising from the active or sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. SDHS's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorneys' fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this Section, and that this section will survive the expiration or early termination of this Agreement.

14. INSURANCE.

14.1. SDHS shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the SDHS, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than "A" and "VII" unless otherwise approved in writing by the CITY' s Risk Manager.

14.2. SDHS's liabilities, including but not limited to SDHS's indemnity obligations, under Section 14 of this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement.

14.3. Types and Amounts Required. SDHS shall maintain, at minimum, the following insurance coverages for the duration of this Agreement:
a. Umbrella Liability Policy. SDHS shall maintain an Umbrella Liability Policy with an aggregate limit of not less than Ten Million Dollars ($10,000,000), which limits may be satisfied by a combination of primary and excess liability insurance b. Commercial General Liability ("CGL ''). SDHS shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. c. Commercial Automobile Liability. SDHS shall maintain Commercial Automobile Liability Insurance for all of the SDHS's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $1,000,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
d. Workers' Compensation. SDHS shall maintain Workers' Compensation insurance for all of the SDHS's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage. SDHS shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, 11 of 20
July 16, 2024, Item #5
employees, agents and representatives.

14.4. Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
a. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds. The CITY' s additional insured status must be reflected on additional insured endorsement form which shall be submitted to the CITY.
b. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement which shall be submitted to the CITY.

14.5. Verification of Coverage. SDHS shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 15. The endorsement should be on forms provided by the CITY or on other than the CITY' s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

14.6. Subcontractor Coverage. SDHS shall also require each of its subcontractors to maintain insurance coverage that meets all the requirements of this Agreement.

14.7. CITY Options. SDHS agrees that if it does not keep the aforesaid insurance in full force and effect, the CITY may either: (i) despite section 13, above, immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at SDHS's expense, the premium thereon.

15. CUSTOMARY SERVICES. Contractor may not assign, delegate, or transfer any interest or duty under this Agreement, or any portion of the Description of Services. Any such purported assignment, delegation, or subletting will void this entire Agreement, unless the City has previously approved such action in writing. City shall not umeasonably withhold such consent, and shall make such determinations expeditiously. The City of Poway hereby approves the use of DocuPet to provide pet licensing services included within the scope of the Animal Control Services Agreement. The City of Poway hereby approves the use of outsourced veterinary services when the time of day or particular specialty needed cannot be accommodated by SDHS staff veterinarians.

16. NON-DISCRIMINATION. SDHS shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. SDHS shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions.

Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms 12 of 20
July 16, 2024, Item #5
of compensation, and selection for training, including apprenticeship. SDHS agrees to post in conspicuous places available to employees, contractors, agents and/or applicants for employment any non-discrimination notices required by law and any non-discrimination notices provided by CITY setting forth the provisions of this non-discrimination clause.

17. GENERAL PROVISIONS.

17.1. Entire Agreement. This Agreement comprises the entire agreement between the CITY and SDHS concerning the Services, and supersedes all prior negotiations, representations or agreements.

17.2. Notices. Any notices given under this Agreement shall be in writing and shall be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) by transmittal over an electronic transmitting device (with confirmation of receipt), such as facsimile or email, provided that a complete copy of any notice so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in U.S. mail, postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initial notice addresses are as follows:

To the CITY:

To SDHS:

With a copy to:

City of Poway
13325 Civic Center Drive
Poway, CA 92064
Attn: Audrey Denham, Director of Community Services
Email: [email protected]
San Diego Humane Society
5500 Gaines Street
San Diego, California 92110
Attn: Julianna Tetlow, Director of Government Relations Fax: 619-299-0198
Email: [email protected]
Sheppard, Mullin, Richter & Hampton LLP
501 W. Broadway, 19th Floor
San Diego, California 92101
Attn: Whitney Hodges, Esq.

Email: [email protected]
17 .3. Interpretation; Drafting. This Agreement shall be construed equally as against the Parties hereto and shall not be construed against the party responsible for its drafting. All prior drafts of this Agreement shall be disregarded in construing the intent of any provision contained herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such provision is to be interpreted.

17.4. Headings. The headings of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or 13 of 20
July 16, 2024, Item #5
interpretation of this Agreement.

17.5. No Third party Beneficiaries. The covenants contained herein are made solely for the benefit of the parties hereto and successors and assigns of such parties as specified herein, and shall not be construed as having been intended to benefit any third party which is not a party to this Agreement.

17.6. Severability. If any provision of this Agreement or a portion thereof is held, by a court of competent jurisdiction, to be illegal or invalid, such provision or portion thereof shall be deemed to be severed and deleted; and neither such provision, its severance or deletion shall affect the validity of the remaining provisions of this Agreement.

17. 7. Modification. This Agreement may be amended, modified or rescinded only by a writing signed by all parties to this Agreement or by their duly authorized agents.

17.8. No Waiver. No waiver of any right under this Agreement shall be deemed effective unless contained in a writing signed by the party charged with such waiver, and no waiver of any right arising from any breach or failure to perform shall be deemed to be a waiver of any such future right or of any other right arising under this Agreement.

17.9. California Law; Venue. This Agreement and its performance shall be governed, interpreted, construed, and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of San Diego, California, notwithstanding California Code of Civil Procedure section 394. 17 .10. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
17 .11. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City who are directly employed by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) related to their role with SDHS and shall not become members of CalPERS while providing services to City via their work with SDHS. SDHS further provides that in the event SDHS 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 "C." Further, SDHS 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 SDHS to provide services to City has been misclassified.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 14 of 20
July 16, 2024, Item #5
IN

WITNESS

WHEREOF,
the
Parties
by
and
through
their
respective
authorized
officials,
have
executed
this
Agreement
effective
as
of
the
date
written above.

CITY
OF
POWAY,
a municipal
corporation
Chris
Hazeltine,
City
Manager
ATTEST: By
:----------­Carrie
Gallagher,
CMC,
City
Clerk

APPROVED
AS
TO
FORM
:

Alan
Fenstermacher,
City
Attorney
15 of
20 SAN
DIEGO
HUMANE

SOCIETY
AND
S.P.C.A.,
a California
nonprofit
corporation
Gary
Weitzman,
DVM,
MPH,
CAWA
President
and
CEO
July 16, 2024, Item #5

EXHIBIT A
Community
Engagement
and
Services
In
addition
to
those
Services
identified
in
Section
1 of
the
Agreement,
SDHS
may
routinely
provide
the
CITY
with
the
additional
"Community
Engagement
and
Services."
The
services
identified
below
be
provided
at
no
additional
cost
to
the
CITY
unless
otherwise
specified
and
is
subject
to
modification
at
SDHS's
discretion
based
on
resources
and
capacity.

Such
community
engagement
and
additional
services
may
include:
•
Public
education.
•
Animal
behavior
modification
program.
•
Pet
education
classes.
•
Community
events.
•
Affordable
Community
Veterinary
assistance
programs
such
as:
-Spay/Neuter
Services
-General
medical
veterinary
care
-
preventative
and
basic
sick
care
>
Ear
cleanings
>
Nail
Trims
>
Bloodwork
>
Deworming
-Wellness
resources
including
vaccines,
flea
medications
and
education
-Pharmacy
services
•
Vaccinations
including
rabies
clinics
•
Microchipping.
•
Safety
net
service
programs.
•
Owner
requested
euthanasia.
16 of
20 July 16, 2024, Item #5

EXHIBITB
Calls
for
Service
-Priority
Categories
Priority
Categories
Response
Time
Example
of
Call
Priority
I
Within
30 Minutes
Persons
in
Danger
Animal
in
Immediate
Danger
Urgent
Medical
Care
Needed
Animal
in
Secured
Vehicle
("Hot
Dog")
Animal
Fighting
Cases
Intentional
Cruelty
In-Progress
Assist
Public
Safety
Agency
Bite
to
Person
(Animal
Not
Contained)
Rattlesnakes
That
Pose
an
Immediate
Danger
Exigent
Circumstances
•
Gunshot
•
Stabbing
•
Broken
Bones
•
Serious
Open
Wounds
•
Visibly
Injured/Trapped
Animal
Street
Sale
of
Animals
( after
all
other
Priority
I Calls
are
Handled)
Priority
2 Within
3 Hours
In-Progress
Incidents
Not
Reaching
Priority
I
Bite
to
Person
(Animal
Contained-
Reported
within
24 Hours)
Running-At-Large
(In
Progress)
Abandonment Captured/Caged
Animals/Confined
Strays
Rattlesnakes
That
Do
Not
Pose
an
Immediate
Danger
Priority
3 Within
12 Hours
Intentional
Cruelty
(Not
In-Progress)
Non-Life-Threatening
Medical
Care
Needed
Non-Exigent
Circumstances
•
Skin
Infections
•
Emaciated
•
Over-Grown
Hooves
Hoarding
-
No
Immediate
Emergency
After-the-Fact
Bite
(Reported
After
24 Hours)
Priority
4 Within
24 Hours
Check
the
Well-Being
with
a Reporting
Party
No
Water
(Temperature
Dependent)
Emaciated
(Thin
or
Bones
Showing)
Lead/Leash
too
Short
Inadequate
or
No
Shelter
Even
Sale
of
Animals
(i.e.,
Flea
Markets)
Priority
5 Within
48 Hours
Check
the
Well-Being-
No
Reporting
Party
Running-at-large
(Not
in
Progress)
17 of
20 July 16, 2024, Item #5
Pet
Shop
Inspections
Rodeo
or
Circus
Inspections
Kennel
Inspections
18 of
20 July 16, 2024, Item #5
Exhibit C
Government Code section 7522.56
(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) (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
19 of 20
July 16, 2024, Item #5
(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.
(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.
20 of
20 July 16, 2024, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic'f
Alex Ubaldo, P.E., Principal Civil Engineer
(858) 668-4602 or [email protected]

CITY COUNCIL
Second Extension of the Fiscal Year 2024-25 Citywide Striping Project Contract with Statewide Stripes, Inc., Bid No. 22-012, Appropriation of Additional Funds, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
The Fiscal Year (FY) 2024-25 Citywide Striping project consists of replacement of traffic striping, thermoplastic legends and markings, and refreshing of painted curbs within pavement management area Zone 7, along with refreshing traffic striping in other zones on an as-needed basis. On June 21, 2022, the FY 2022-23 Citywide Striping project was awarded to Statewide Stripes, Inc. The contract includes a provision allowing for the contract to be extended. This is the second of two allowable extensions.

Recommended Action:

It is recommended the City Council:
1) Approve the Second Extension of the FY 2022-23 Citywide Striping project contract for the FY 2024- 25 Citywide Striping project to Statewide Stripes, Inc., in the amount of $516,520.00 and authorize the City Manager to execute the contract (Attachment A); 2) Appropriate $321,520.00 in Gas Tax Fund (2110) revenues to the FY 2024-25 Citywide Striping project (ST030); and
3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

Statewide Stripes, Inc., successfully executed and completed both the FY 2022-23 Citywide Striping project and the FY 2023-24 Citywide Striping project. For this second and final extension to the contract, new unit prices were submitted as required by the contract documents and have been reviewed and accepted by staff. The new unit prices remain competitive and within the expected escalation rates. All other provisions for the FY 2022-23 Citywide Striping contract will remain in effect. 1 of 5
July 16, 2024, Item #6
The City is divided into eight pavement maintenance zones that are maintained on a rotating annual schedule. The scope of this year's project includes replacement of traffic striping and markings on public streets and refreshing of painted curbs within pavement management area Zone 7 (Attachment B). The work will be performed on arterial and collector streets in the South Poway Business Park. This work has been coordinated with the FY 2024-25 Street Maintenance (slurry seal) project also occurring in Zone 7, which will place slurry seal treatments on public streets. The Citywide Striping project will occur after completion of the slurry seal project.

Environmental Review:

The proposed striping of existing City streets with the FY 2024-25 Citywide Striping project is Categorically Exempt from the CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.

Fiscal Impact:

Funds totaling $320,000.00 are available in the FY 2024-25 Citywide Striping (ST030) project budget.

With the recommended additional appropriation in the amount of $321,520.00 from the Gas Tax Fund (2110), the revised project budget of $641,520.00 will cover the cost of the construction contract, construction contingency allowance, and any additional as-needed striping work in the City for the remainder of the fiscal year.

Public Notification:

None.

Attachments:

A. Second Amendment to the Contract
B. Zone 7 Location Map
Reviewed/Approved By:

Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
July 16, 2024, Item #6
SECOND

AMENDMENT
TO
THE

CONTRACT

BETWEEN
THE
CITY
OF
POWAY
AND

STATEWIDE

STRIPES,
INC.

P.O.

BOX
600710
SAN
DIEGO,
CA
92160
This
Second
Amendment
to
Contract
(the
"Second
Amendment")
is
made
effective
July
17,
2024,
by
and
between
the
City
of
Poway,
a
municipal
corporation
(the
"City")
and
Statewide
Stripes,
Inc
. (the
"Contractor")
to
extend
the
term
of
that
certain
City
of
Poway
Unit
Price
Contract
to
the
2022-2023
Citywide
Striping
Project
dated
June
22,
2022
(the
"Contract").

RECITALS
A.

The
City
and
Contractor
entered
into
the
Contract
for
a
term
that
began
on
June
22,
2022,
and
which
was
originally
to
expire
on
June
21,
2023.

B.

Under
the
conditions
of
the
2022-2023
Citywide
Striping
project
Special
Provisions,
Section
2-15,
Contract
Length,
the
parties
by
mutual
consent
can
extend
the
agreement
by
up
to
two
(2)
one-year
periods.

C.

The
City
and
Contractor
entered
into
the
First
Amendment
for
a
term
that
began
-
on
April
5,
2023
and
expires
on
June
30,
2024
.

D.

The
parties
now
wish
to
extend
the
term
of
the
Contract
to
June
30,
2025.

NOW,

THEREFORE,
in
consideration
of
the
mutual
benefits
to
be
derived
thereupon,
the
parties
agree
to
amend
the
Contract
as
follows:
3 of
5 1.

For
the
period
of
July
17,
2024,
through
June
30,
2025,
the
title
of
the
project
shall
be
changed
from
the
"2022-2023
Citywide
Striping
Project"
to
the
"2024-
2025
Citywide
Striping
Project,"
(the
"2024-2025
Project").

Except for
work
to
cure
any
defaults
in
work
performed
under
the
Contract
during
its
initial
term,
all
work
to
be
performed
between
the
effective
date
and
expiration
date
of
this
Contract
extension
shall
be
for
the
2024-2025
Project.

2. The
Construction
Contract
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
1,
shall
apply
to
all
work
performed
for
the
2024-
2025
Project.

3. The
Bonds
for
Material
and
Labor
and
for
Faithful
Performance,
attached
to
this
Extension
as
Attachments
2 and
3,
respectively,
shall
apply
to
all
work
performed
for
the
2024-2025
Project.

4. The
Guaranty
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
4,
shall
apply
to
all
work
performed
for
the
2024-2025
Project.

5. The
Worker's
Compensation
Insurance
Certificate
dated
_____
,
attached
to
this
Extension
as
Attachment
5,
shall
apply
to
all
work
performed
for
the
2024-2025
Project.

ATTACHMENT
A
July 16, 2024, Item #6
Second
Amendment
Statewide
Stripes,
Inc.

Page
2 6.

The
Unit
Price
Proposal
for
the
2024-2025
Project,
together
with
the
Bid
Schedule,
collectively
attached
to
this
Extension
as
Attachment
6,
shall
apply
to
all
work
performed
for
the
2024
-2025
Project.

7. The
List
of
Subcontractors
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
7,
shall
apply
to
all
work
performed
for
the
2024-
2025
Project.

8. The
Worker
Classifications
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
8, shall
apply
to
all
work
performed
for
the
2024-
2025
Project.

9. The
Non-Collusion
Affidavit
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
9,
shall
apply
to
all
work
performed
for
the
2024-
2025
Project.

10. The
Project
Map
and
additional
details
for
the
2024-2025
Project,
attached
to
this
Extension
as
Attachment
10,
shall
apply
to
all
work
performed
for
the
2024-2025
Project.

11. The
Addendum
to
Section
4-4
attached
to
this
Extension
as
Attachment
11,
shall
apply
to
all
work
performed
for
the
2024-2025
Project.

Except
as
otherwise
expressly
provided
above,
all
the
provisions
of
the
Contract
between
the
City
of
Poway
and
Statewide
Stripes,
Inc.,
effective
July
17,
2024,
as
extended
by
the
second
amendment,
shall
remain
in
full
force
and
effect.

IN

WITNESS

WHEREOF
the
parties
have
caused
the
Contract
to
be
executed
as
follows: BY
:

DATED
Jason
McElveny
SecretaryNice
President
Statewide
Stripes,
Inc.

BY:

DATED
Chris
Hazeltine
City
Manager
City
of
Poway
ATTEST:

DATED
Carrie
Gallagher
City
Clerk
City
of
Poway
4 of
5 July 16, 2024, Item #6
1,700
850
0 1.700
3,400
--
5 of
5 5.100
Feet

ATTACHMENT
B
N A
ZONE
7 OVERLAY

PROJECT
MAP
July 16, 2024, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Development Services Direct~
Alex Ubaldo, P.E., Principal Civil Engineer
(858) 668-4602 or [email protected]

CITY COUNCIL
Award of Contract to AOS Inc., dba Superior Roofing for the Poway Center for the Performing Arts Roof Replacement Project, Bid No. 24-009, and Determination the Project is Categorically Exempt from the California Environmental Quality Act On July 18, 2023, the City Council approved the contract with Sillman Wright Architects to design a complete set of plans for a multi-year phased rehabilitation project for the Poway Center for the Performing Arts (PCPA). The first year construction project (Phase 1) includes the replacement of the PCPA roof. This action will award a construction contract to AOS Inc., to remove the existing ballast roof, which has outlived it's useful life, and replace it with a new membrane roofing system.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the Poway Center for the Performing Arts Roof Replacement project to AOS Inc., dba Superior Roofing, in the amount of $1,097,990.00 and authorize the City Manager to execute the contract (Attachment A); and
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The PCPA was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists. The PCPA multi-year phased project is the first comprehensive maintenance program to replace much of the mechanical, plumbing, and electrical equipment in the facility as well as replace deteriorated interior finishes and roofing system. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced, including the roof system, which has exhibited deterioration beyond repair.

On July 18, 2023, the City Council approved the design contract with Sillman Wright Architects to 1 of 12
July 16, 2024, Item #7
design
a
complete
set
of
plans
for
a
multi-year
phased
construction
project
for
the
PCPA.

The
design
plans
are
nearly
complete
and
will
be
submitted
to
the
Division
of
State
Architect
(DSA)
for
review
in
July
2024
. The
DSA
is
the
Building
Code
authority
for
buildings
located
on
school sites
. DSA
review
is
required
since
the
PCPA
is
a
City
building
located
on
the
campus
of
Poway
High
School.

However,
the
design
package
will
not
include
the
roof
replacement
since
re-roofing
with
in-kind
roof
or
with
light­
weight
material
is
exempt
from
DSA
review.

The
PCPA
Roof
Replacement
project
was
therefore
prioritized
as
Phase
1 construction
while
the
remaining
plans
are
under
DSA
review
.

Bids
were
opened
on
June
20,
2024.

The
following
seven
bids
were
received:

Company
Total
Bid
Amount
AOS
Inc.,
dba
Superior
Roofing
$1,097,990.00
Chambers
Inc.,
dba
Roof
Construction
$1,245,500.00
A
Good
Roofer,
Inc.
$1,361,950.00
A.

Preman
Roofing,
Inc.
$1,448,235
.00
Danny
Letner,
Inc.,
dba
Letner
Roofing
Company
$1,608,385
.00
Best
Contracting
Services,
Inc.
$1,767,600.00
Sylvester
Roofing
Co.,
Inc.
$2,225,000.00
The
lowest
responsive
bid,
submitted
by
AOS
Inc.,
dba
Superior
Roofing
is
an
acceptable
bid
that
is
responsive
to
and
meets
the
requirements
of
the
bid
specifications.

The
Engineer's
estimate
was
$1,200,000.00
and
the
contract
duration
is
30 working
days.

Development
Services
Staff
is
coordinating
with
Community
Services
staff
to
minimize
the
impact
on
planned
summer
activities
held
at
the
PCPA.

The
roof
replacement
will
be
completed
in
sections
to
allow
the
various
summer
activities
to
take
place
in
unaffected
areas
of
the
building. Staff
will
also
investigate
allowing
extended
work
hours
for
the
contractor
to
reduce
the
number
of
working
days
to
complete
the
project.

Environmental
Review:

The
proposed project
is
Categorically
Exempt
from
CEQA
as
a Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(d)
of
the
CEQA
Guidelines,
in
that
the
project
involves
the
rehabilitation
of
existing
facilities. Fiscal
Impact:

There
is
$1,306,760
.76
available
in
the
PCPA
Facility
Roofing
(MN043)
project
account
to
award
the
construction
contract.

Poway
Unified
School
District
(PUSD)
will
reimburse
the
City
35%
of
the
total
construction
costs
upon
completion
of
the
project,
per
the
City
and
PUSD's
joint
use
agreement
for
the
PCPA.

Public
Notification:

None.

REMAINDER
OF
PAGE

INTENTIONALLY
LEFT
BLANK
2 of
12 July 16, 2024, Item #7
Attachments: A.

Construction
Contract
Reviewed/Approved
By:

Assistant
City
Manager
3 of
12 Reviewed
By:

Alan
Fenstermacher
City
Attorney
City
Manager
July 16, 2024, Item #7

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
POWAY
CENTER
FOR
THE

PERFORMING
ARTS
ROOF

REPLACEMENT
This
Contract
made
and
entered
into
this
17th
day
of
July,
2024,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California
, hereinafter
referred
to
as
"City"
and
AOS,
Inc.,
dba
Superior
Roofing
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor
, for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.

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

This
Contract
b.

Contract
Addenda
c.

Contract
Change
Orders
d.

Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.

Contract
Specifications
f.

Contract
Plans
g.

General
Condition
h.

Special
Conditions
i.

Standard
Specification
for
Public
Works,
most
current
edition

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

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

The
project
scope
includes
replacement
of
the
Poway
Center
of
Performing
Arts
roof
as
shown
on
the
Plans
and
Specifications.

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

5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
4 of
12 1

ATTACHMENT
A
July 16, 2024, Item #7
of this work of improvement as described, the stipulated sum of $1,097,990.00 the "Contract Price." City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions.

6. Contractor agrees to commence construction of the work provided for herein within Fifteen (15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 30 Working Days after the date specified in the Notice to Proceed.

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

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

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

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

11. Contractor and subcontractors shall comply with Labor Code § 1810 and § 1811 which stipulates that eight hours labor constitutes a legal day's work, and § 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections 2 5 of 12
July 16, 2024, Item #7
of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.

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

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

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

15. a. Contractor shall procure and maintain at its own expense, until completion 6 of 12
of performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims­ made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
3 July 16, 2024, Item #7
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.

Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, volunteers, agents and independent contractors, that result from such failure by Contractor.

16. a. Contractor shall provide certificates of insurance with original endorsements 4 7 of 12
July 16, 2024, Item #7
to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.

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

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

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

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

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

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

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

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

17. a.

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

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

The
hold
harmless
, indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage
, liability,
loss,
cost
or
expense
described
herein.
5 July 16, 2024, Item #7

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

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

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

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

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

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

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

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

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

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

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

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

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

Such
final
inspection
shall
be
made
within
a
reasonable
time
after
6 9
of
12 July 16, 2024, Item #7
completion of the work.

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

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

31. This Contract is to be governed by the laws of the State of California. 7 10 of 12
July 16, 2024, Item #7

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

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

City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
.loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
8 11
of
12 July 16, 2024, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.

Contractor's Name:

AOS Inc., dba Superior Roofing
Print Name of Construction Company
By:

Signature
Evan J. Serpanos
Print Name
Contractor information:

Address for Notices and Payments
P.O. Box 2635
San Marco, CA 92079
Telephone Number: 619-520-0517
Email: [email protected]
ATTEST:

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

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 July 16, 2024, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service~
Stan Donn, City Planner
858-668-4604 or [email protected]

CITY COUNCIL
Variance (VAR) 24-0001; a Request to Allow an Accessory Dwelling Unit (ADU) to Observe a Reduced Front Yard Setback on Property Located at 14906 Espola Road APN: 321-020-40
The applicant is requesting a variance to allow an Accessory Dwelling Unit (ADU) located at 14906 Espola Road to observe an approximate 24-foot and four-inch front yard setback when 30 feet is required. The required findings to support the Variance can be made based on unique circumstances applicable to the property.

Recommended Action:

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

Discussion:

The applicant is Abel Gregorio and the property owners are Timothy Rogers and Eileen Rogers­ Rodriguez. The project site is located south of Durhullen Drive on the west side of Espola Road, and is zoned Residential Single Family-2 (RS-2) as shown in Attachment B. The project site is approximately

0.56 acres and is generally flat except for a steep slope east of the existing Single-Family Residence.

The project site is surrounded by residential homes in the RS-2 zone and Rural Residential-C (RR-C) zone.

The applicant applied for a building permit to construct a 1,025 square-foot ADU. Upon application review, staff determined the proposed location of the ADU encroaches approximately five feet eight­ inches into the front yard setback. The subject property is considered a corner lot located on the west side of Espola Road and immediately north of a private road. The eastern property line abuts Espola Road and is constrained by an access easement granted to the City for the Espola Road Improvement project, which encroaches into the subject property by approximately 12 feet. Per the Poway Municipal Code (PMC), on a corner lot, the front lot line is the shorter property line abutting a street making the eastern property line that abuts Espola Road, the front yard. Furthermore, on a private 1 of 13
July 16, 2024, Item #8
street or easement, the front lot line shall be designated as the edge of the easement. The proposed location of the ADU is 24 feet four-inches from the edge of the easement off Espola Road and would encroach into the required front yard setback by five feet eight-inches as shown in Attachment C.

Section 17.50.070 of the PMC contains a provision whereby the City Council can allow a variance from the terms of the Zoning Code because of special circumstances applicable to the property, which makes the strict application of the Code burdensome and restricts property rights enjoyed by others in the surrounding neighborhood. These special circumstances are due to the fact the eastern portion of the property is constrained by an easement granted to the City for the Espola Road Improvement project. Therefore, the development of the site is considerably constrained, limiting the full use of the property. Due to the constraint, the ADU is encroaching into the required front yard setback.

If the 12-foot easement for Es po la Road Improvement project did not exisit, the ADU would meet the front yard setback. The Espola Road Improvement project did not utilize or necessitate the 12-foot easement. The City cannot vacate the 12-foot easement because it would impact other properties along Espola Road. For the reasons above, staff supports the request to allow the ADU to observe a reduced front yard setback as requested. The required findings to grant the Variance can be found in the attached Resolution.

Environmental Review:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to section 15305(a) of the CEQA Guidelines, in that the project involves a minor alteration in land use limitations.

Fiscal Impact:

None
Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on July 4, 2024. A public notice was mailed to property owners and occupants located within 500 feet of the project site.

Attachments:

A. Resolution
B. Zoning and Location Map
C. Site Plan
Reviewed/Approved By:

Assistant City Manager
2 of 13
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

City Manager
July 16, 2024, Item #8
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING VARIANCE 24-0001 TO

ALLOW AN ACCESSORY DWELLING UNIT TO OBSERVE A

REDUCED FRONT YARD SETBACK (ASSESSOR'S PARCEL
NUMBER 321-020-40)
WHEREAS, Variance (VAR) 24-0001; Abel Gregorio, Applicant, and Timothy Rogers and Eileen Rogers-Rodriguez Family 2018, Owner, is a request to allow an Accessory Dwelling Unit (ADU) located at 14906 Espola Road to observe a 24-foot eight-inch front yard setback, when 30 feet is required in the Residential SingleFamily-2 (RS-2) zone; WHEREAS, on July 16, 2024, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered other evidence presented at the public hearing; and
WHEREAS, Section 17.50.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Variance.

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

SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption, pursuant to section 15305(a) of the CEQA Guidelines, in that the project involves a minor alteration in land use limitations.

SECTION 2: The findings, in accordance with 17.50.070 of the PMC, to approved VAR 24-0001, are made as follows:

A. That there are special circumstances applicable to the property (size, shape, topography, location or surroundings), or the intended use of the property, and because of this, the strict application of the zoning development ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification in that the property is constrained by the Espola Road Improvement project which dedicated 12 feet to the City.

B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property for which the Variance is sought because the lot is constrained by an easement granted by the property owners to the City of Poway (the City) for the Espola Road Improvement project.

C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that there are adequate public services available in the area to serve the proposed ADU.

D. The granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that the surrounding 3 of 13 ATTACHMENT A
July 16, 2024, Item #8
properties
have
been
developed
with
single-family
homes
and
ADUs.

Resolution
No.
24-
Page
2 E.

Granting
the
Variance
would
not
allow
a
use
or
activity
not
otherwise
expressly
authorized
in
that
an
ADU
is
permitted
in
the
RS-2
zone.

F.

The
proposed
Variance
will
be
compatible
with
the
City's
General
Plan
because
the
ADU
will
match
the
colors
of
the
existing
single-family
residence,
serve
the
needs
to
the
resident,
and
will
not
visually
detract
residents
living
in
the
surrounding
neighborhood.

SECTION
3:

The
City
Council
hereby
approves
VAR
24-0001,
to
allow
an
ADU
on
property
located
at
14906
Espola
Road
to
observe
a
24-foot
eight-inch
front
yard
setback
as
shown
on
the
approved
plans
incorporated
herein
by
reference
and
on
file
in
the
Development
Services
Department,
except
as
noted
herein,
subject
to
the
following
conditions:

A.

The
applicant
shall
defend,
indemnify,
and
hold
harmless
the
City,
its
agents,
officers,
and
employees
from
any
and
all
claims, actions,
proceedings,
damages,
judgments,
or
costs,
including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
-action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
and
any
environmental
document
or
decision
. The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this indemnification
.

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

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

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

B.

Approval
of
this
Variance
shall
apply
only
to
the
subject
project
and
shall
not
waive
compliance
with
all
other
sections
of
the
Zoning
Ordinance
and
all
other
applicable
City
ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

C.

Within
30 days
of
the
date
of
this
approval
the
applicant
shall
submit
in
writing
that
all
conditions
of
approval
have
been
read
and
understood
.

D.

The
conditions
of
VAR
24-0001
shall
remain
in
effect
for
the
life
of
the
subject
structure
and
shall
run
with
the
land
and
be
binding
upon
future
owners,
successors,
heirs,
and
transferees
of
the
current
property
owner
.

E.

The
24-foot
eight-inch
front
yard
setback
approved
with
VAR
24-0001
applies
to
the
ADU
only
as
shown
on
the
approved
plans
on
file
with
the
Development
Services
Department.

F.

Prior
to
construction
the
applicant
shall
obtain
a
building
permit.

Prior
to
issuance
of
a
building
permit,
the
applicant
shall
comply
with
the
following:
4 of
13 1.

The
development
shall
comply
with
the
current
addition
of
the
California
Building
Code,
California
Plumbing
Code,
California
Mechanical
Code,
California
Electrical
Code,
California
Residential
Code,
California
Fire
Code,
California
Energy
Code
and
California
Green
Code
at
time
of
submittal
to
the
Building
Division.

All
development
shall
comply
with
state
structural
calculations
and
seismic
safety
requirements
.
(Engineering) 2.

The
building
plans
must
show
the
proposed
footing
meets
the
minimum
required
five-
July 16, 2024, Item #8
Resolution
No.
24-
Page
3 foot
setback
from
the
lower
outside
edge
of
the
footing
along
a
horizontal
line
to
the
face
of
the
slope
per
PMC.

16.50.110
Design
Standards
for
setbacks.

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

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

5. A
minimum
cash
security
of
$2,000.00
for
erosion
control
is
required.

6. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule.

7. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
the
time
of
permit
issuance
for
the
proposed
accessory
dwelling
unit.

8. The
applicant
shall
attend
a
pre-construction
meeting
at
the
Department
of
Development
Services.

The
scheduling
request
shall
be
submitted
on
a
City
standard
form
(available
at:
https
://poway.org/DocumentCenterNiew/10254/Preconstruction­
Meeting-Request-Fillable?bidld=)
along
with
3 full
size
copies
of
the
site
plan
and
erosion
control
plan.

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

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.
(Planning) 9.

The
site
shall
be
developed
in
accordance
with
the
approved
grading
plans
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein
.
10 . The
applicant
shall
comply
with
the
latest
adopted
Uniform
Building
Code,
National
Electric
Code,
Chapter

17.07 PMC,
and
all
other
applicable
codes
and
ordinances
in
effect
at
the
time
of
permit
issuance.

11. School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
issuance.

Please
contact
the
Poway
Unified
School
District
for
additional
information
at
(858)
679-2570.
12 . An
Affordable
Housing
In-Lieu
Fee
of
$250.00
for
the
ADU
shall
be
collected
prior
to
the
Building
Permit
issuance.

13. Exterior
building
materials
and
finishes
shall
match
the
existing
single-family
residence.

Please
note
the
colors
of
exterior
finishes
on
the
building
plans.
(Public
Works)

14. The
general
trail
that
runs
along
Espola
Road
shall
be
protected
from
debris
and
water
runoff.

G
.

The
applicant
shall
comply
with
the
following
requirements
to
the
satisfaction
of
the
Fire
Department:
5 of
13 1.

New
structures
are
required
to
meet
all
applicable
PMC,
California
Fire,
and
Building
Codes.

July 16, 2024, Item #8
Resolution No. 24-

2. Residential structures shall have approved numbers placed at an approved location.

Location shall be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City's standards.

3. Smoke alarms shall be installed in all bedrooms and adjoining hallways. They shall be hard-wired, with battery backup and interconnected.

4. Carbon monoxide alarms shall be installed in hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarms shall be hard-wired, with battery backup and interconnected.

5. Chimneys used in conjunction with any fireplace shall be equipped with an approved spark arrester.

H. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following:
(Engineering)

1. All existing and proposed utilities or extension of utilities shall be installed underground. No extension of overhead utilities shall be permitted.

2. The drainage facilities, driveway, and all utility services shall be installed and completed by the property owner and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground.

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

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

SECTION 4: The approval of VAR 24-0001 shall expire on July 16, 2026, at 5:00 p.m. unless, prior to that time, construction on the property in reliance on the Variance approval has commenced prior to its expiration.

SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
6 of 13
II
II
II
II
II
II
July 16, 2024, Item #8
Resolution No. 24-

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of July, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
7 of 13
July 16, 2024, Item #8
7' b
---------
Fiddletown Rd
r---------½---,1----l't
\\----\-'---r-_L..._JeromeDr ,-
~-_:---Everg,inln,--------1\ :
r-~---'--r_L..._----'------+-----~­
QJ
~
(.)
0 '-
~....___--rt---1:::~~_J_ _ _J____] _ __) r----G_olden Sunset-ln-------- (:)
Durhullen Dr ------- ,,-----'j--,-___:_:__:~:..:_:;.-:....._-,-_..--r-..L...J----...J..._-, ---,___, RS-2 Subject Location: RR-C
1 APN 321-020-40
,__EI-Topo·Dr--.-----1
>----11--r--t-------J---_j rn en
-0
0 >----< [l) r-------'------,--'----.--...l.__-l
:::0
Cl.
i)jt----_..,~ El Dolora Way ;
r----------------1 0 ,----, 1:'... f---
~r--1...---+--.-Mounta in• Rd--,-i.-.....L...,.--1..--1 t-----------1----------RS-2
i-------jf----, fr
Carnitas St
8 of 13
0:: ~
0 o..-
f--1tr-----t--t--f--+--l0
f--1i ""CJ_
0 0:::

City of Poway
Zoning / Location Map
Item: VAR24-0001
...
0 NORTH
250 500

ATTACHMENT B
1,000
Feet
o..t------t----l
~I 1r-----t----l
July 16, 2024, Item #8
·---r--·--·,--·--·--·----N 88"0B'SJM W 184.94'
I 172.93' -·r-Q----~--=--'-' FENCEllNe ---=-~~ ..... -=--••-.;::;, --r7 I ('/ <§/ <§> ';.,,.,,."' Ii I ,
(£)\UUAnD I SHED \ _, lELECT:PAHEL GD )! I I
i 7 ----------':)-----,:;,,fUlli~;-,--, ___ ~_:' ~i I I Ii f :.WAI..E I -~{), ,; ' t ,; I . I _________ INTE~ORSIOESETIIACK: 15' r,, ;""'.l;i:-~ ,' ~••, • ,,---"1,j ' •1 == I ~ % ~-\. "'' r,;;;::;-1 I ---:_,,, ~.I I' f-;---;c:i __ _ NORTHLINEOFTHEsduTH : ~------r,~--~-~~ '-;;'{J:@t:fh1~f rn,~:Mur'r-j I j 823.76' OF THE NE4 OF ll"HE SW4 1 APPROX. PROPOSED j -,~-~~"~j (-·i?';:0&} PRIVACYW"':~I I "· ! i~ ,:c
·w
f,,,
t8 ·o
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~I
Notes
! t:~:~~~N i SEMRLATE~,w~x~ ... :~;<T ~i;). ~; ... ·, __ ·: .. - : ~---TOBEREMOVED '\ ,.'.'.c~\:-~.R.0~,J ' ,e;::j'.._,,,.-rl I I \'t -~ ;: ~ I ~, _ ) I Ml-~ l i--11 ~
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I~ ROGERS RESIDENCE ,,...,,,,.,,-~ l ,, L~%J~~ ---: I. :'.1~ 1 1~-AP.N, 321--020-40 = ' /•-.-'. , . .,_,:_,' .. · --• ·:ll ~ r-)----_ µQ:!'J /~M ...... , : 1~ l~ E)QSTINGONE-STORY ' ,_/-\ ,' SM ',~ -~ ll!j SINGLEFAMLYDWELUNG iTc:;k '1m -0 (', lw 01
lui (TYPEVB-NONSPRlNKLEREO ~ PERGOLA 'J·t:J ~fr~ ~ -~ ~ I;!; CONSTRUCTION) Q ' '\ I O ,.\ ' I'd ~
"' ~ %, I 18 ~
(H)GASlff"""""----. ' I z H
70'CHENG1H • "-: , I i ffi
---!-
(E)ASPHA.LTED
DffiEWAY
1 --..._ _._---:::7
~~~'
L~-~-'
l~c-:i Is~ I
~(EJMAflWATER bl I ~
/ S/fJTOff ~1 ~
I I "' ~I ~
~I I ~
GARAGE !;;1@ 1 ~I "f~~R I ~
l__y=
~JGA>METER ~I I E
(E}150AMPELECT. I

PANEL I
i II
I 11~ I !E
E
--EXTERIOR SIDE SETI!ACK: 15,-------J CMU PRIVACY WALL'-- I
'I I I )1'1ElWA1'R
----------------~""
I ::,
"
I :,
g
~ w z :;
s
,;-'8B'Or~~2;-• l 66' • r · ,-~ -~ -. - -. -"'~'.::". -_::".'"_:"_ -!1_ ___ 1· TERI, PRIVATE ROAD ""''ORMW" w
--------I v-,-FACEOF~
l n ',
BMP LEGEND Tree Removal Note Site Plan Q
;1
R
'
Owner Information
O'NNER: rmothy Rogers
ADDRESS: 14906 Espola Road
Poway, CA 92064
PHONE: {85a) 4116--3543
Development Summary
ADDRESS: 14906 Espob RCMid
Poway, CA 92064
A.P .N.: 321--020-40--00
LEGAL OISCRIP110N: SEC 5-14.1w·swa·(EXST)ELY PAR PER
ROS118391N\
TYPE Of CONSTRUCTION: W , NON SPRINKLERED
OCCUPANCY: R-3
ZONING: RS-2 ('MFHA)
~ 1 GROSS SITE AREA: .56ACRES
1 _ E>lSTING.rPROPOSEO USE: S.F.D.(W-NON

SPRINKLEREO)
Cl i
c::x::' al
CC IJ
C::X:: Ii
_J i• 0 ,"

0...'
Cf) i
LJ.J •
ORIGINALLY YEAR CONSTRUCTED: 1990
ADU PROPOSED HBGHT: 12'-6 1/'r
Scope of Project
PRC1'0SEO DETAa-iED ADU.AOO TO INClOOE. A KITCHEN. LMNG ROOM,AMJ TWO BEDROOMS.

EXISTING(HABITABLE):

DlSlJNG GARAGE;
PRCf'OSEOAOU:

Deferred Submittals
2,0S3SO.FT.
5aOSO.FT.
1,025SQ.FT.

1. TRUSSI..AYOOTANOCAI.ClU.TION.S
SIJ8"'1lAloocut.ENTSFOftCffERRffiSIJ81,UTALrm,tSSHAU.BESU1MITTEOTO nE REGISTERED DESIGN PROfESSIOtW. IN RE~SIBLE ctWIGE. ~O SHAI..L REVIEWTlEM ANO FORWAAD1l£M TO TIE BUlDING OFACW. v.,Tii A NOTATION ~TING THATTl1E OEFE:RRED SUBl,ITTAL DOCUMENTS HAVE BEEN REYIE\\fD A1ll lKATTIEYttAVEBEENFOIMOTOBEINGENERALCONFORW.NCE'MlHTHEDESIGNOF THE BUI.OI.~ lHE OEFEAAED SUBtJITTAL ITEMS SHALL NOT BE NSTAUEO lMl.

TI-EA DESIGN "110 SUB'4TTAL DOCUMENTS HAVE BEEN APPRtMD BYTl1E BIJLDING OFRaAL
~
T-1
T-2
G-1
G-2
AS-1 ,.., ,,_, ,.,
T-2.f
S1
" SJ
SS1
FRONT
""""'""" OOIRIORSIIE
""""' MAXHEIGff
Sheet Index
~
SflEPIAN
"'"'" r.ENERALNOTES
CAl..fORHl4GU:ENBt.a.DlffGNOTES
DlSTWGWJNRESIOENCER.OOflPI..A.NAN:lEl..fVATlON
PROPOSEOAOO R.OOR &ROOFP\.AN
ELEVATlONS&SECTlON
ELECTRICAL.PUN
TITU:2.f
STAUCTI.fW.GEHEAALNOTES
STRUClU'IALFRAMIHGFtANS
STRUCTUP.,\LDETAL
ST~ROSTRUC'TUW.OETAI.

Setbacks
"" ,.
,. .. ,.
,.PPROVED NUMBER.S Nll,'Ofl ADCRESSES 5HAU. BE PLACED ON All NEW 00 EJQSlJI ~ ~""°" Of-lUaTaSOWl&f:SNTDTII: MS4 NO TREES v.l.L BE REMMD FOR nts PROJECT. sca)e· l' • l0'--0' COMPUANCE WllH Tl1E OOCUMEHTATIOfl REOlffMOrTS OF THE 2022 [HERGY EfFICOC'f ::=~~R~~=~~y\=~~~~~Will~R ITfO ~:~~~.=~:::s • :~~~~~i~=~~~~m:~~~~~TOCORES~ 2022 Energy Efficiency_ Standards
•11===:~~~~......:Ssr~~=~· , ~~:""'rmu.ssroPLDtiotm>Oa'IWOAA Low Impact Development (LID) Legend Lot Coverage Calculation, Vicinity Map :C:V=;:'-:,~~cTOAREVIEW.f\lW.COMPL.ETEDFORMSv.lll. :S STROKEFORRESl>ENTW.Bll...DNli.CfCSECT.505.1 [2_J AP.U.HRl»olMllf"AU.~ftl.#teff,.llfJ-.,;.. IT2:) !NNlEsaLCOMPACTIOO 01S1JNGS£:f.AAOD(TACIEOGARAGE: 2◄.197SQ.FT. 7 OUiHJJ.ENM I FINIStl:DGRADtmstW.l.SLCff,.WAYfROMTHEPERMETEROFnEB~GATA a70.S.l.l GROSS LOT AREA: 26,520SQ.FT. OUIKU{NOR. I ! Slllf'EOF2'1.PERll:NTF-OR,-l,IPMJ.IOffMF£ET.Tl1ESEREOUREMEHTSSHAll r;-;:.--, PIIOTECTTW>tST~AAU,SfMMAANAU. ➔ llRECllONOFSURFACEWATERDRAIN NETLOTAAEA: 2◄,mSQ.FT. Code References ALSOAPf'lYTOALLFl.ATWORKOOWOSCAPEOAREAS~CEHTTOnE Lfil...J IIW-ON.~LtlOff,AlllMllaSl'fKS.1.1. DlSffiGLOTCOVERAGE: 2.663/24,H7•.lO ~ THISPRCU:CTSHAUCOMPLYWllHlHEF<X.LOYNIGBL.UllNGCOOESAHO STRUCl\ltE. ~ MAIITAtll"-TlJl'W.OAAHI.GEPATtfflAYSAIC ==----.·--=LOIW'tSHAU.~HAAGEONTOnE(E)VEG£TATED DlSffiGSFOANDDETACHEDGARAGE: 2.663SO.FT. i _ t.::..J ~ ==:=~~~~ STABUlATIONOFALLDISlUUIEDAREAS,BYMEAHSOFCOW\ETEOI.J.NOSCAPIHG. HYDAOI.OGICFEATURfS . • PROPOSEOAOO: 1.02550.FT. ~ l'RIV.\T:rw. ~BLn.c.NGCOOE{C8~)ASAf'P\JCASL.f MULcHNG.ORoTI1ERWYAPPRU®METH00,1SRH1Jlf1.Eoffi/ORTOGl'IANTOF ~ ccmt:RV1:NA1UW..AAEAs.sm.s.1JJJ Written Venficatlon L I mzCAl.l'Cf\NIAGREENBLI.DINGsTAtllAAOScooe(CALGRENJ OCtU'AHCY. VEGETATKIN PRIOATOfltW.NSE'ECTIOOTHEuctNSEDCOHlRACTOR,ARctfTECTOREH!iNEEJllN PROPOSEOLOTCOYERAGE: J.&aat24•7il•.l4 ~ 20Z2CAl.l'OM1"ElECTRICALC00E{ct:C) Utilities Note rso:T7MNI.IZENP£JMWs>m ~=~Zi~~~~~~=~;:L=~ Rain Gutters ~==~=:.~~~cJ AllPflOPOSEDUTI.JTIESOA~Ofll1JJ11:SREOOIREOTOSERVETl1E w"3:J MlfAIZE~COMP.lCTIOll PRCMStONSRlOMTl1EGREEHS~STANIW\OSCODEttAVEBEENM'l.ElllN1EO FORSTORMWATERPtUUTIOHCONTROL.PLW'OSES,AllRIMOOFflOMAll l 1., .. __ RO. 20Z2CALl"OM'IAFI\ECOOE(CfC) =:~TALLEOUNXRGROUNJ.NOEXTENSIONOFO'v!:Rt£AOIJ1JJ11:S ASPARTCfnECONSTRUCTIOH.CGC102.3. R~MAftSSHAL.LllSCI-W\GEONTOTlECHMtlElDAAINSYSTEM. 2022~0RNIABLI.DINGENE.llGYEfflCENCYST~(CBEES) n ~ "
I~
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July 16, 2024, Item #8
A.P.N. 321-020-38
0 q
e
~
..
"' "' "'
172.93'

NORTH LINE OF THE SOUTH
823.76' OF THE NE4 OF THE SW4

EASEMENT FOR INGRESS AND EGRESS FOR
FOUND 314' PIPE L.S. ✓11
3663-PER MAP NO. 7570 • ~
70 ~
,1.ti.P 75 :a:
lVl 10T 1 \ \:_
_t:! 88'09'53~ W 184.94' ) _
GJ
H.NCELINE -=:---..

ROGERS RESIDENCE
A.P.N. 321-020-40
.f' •' ~
1 12' CITY OF POWAY DEDICATION PER DEED DOC
· ~ '" I 1....,..-NO. 89-482776, RECORDED SEPTEMBER 7. 1989, . · ~ , ~ • __ . .----;,-1/ O.R.-PER THE INTENT OF THE SKETCH. IT IS MY • -v:i,\ i ,-~----1----/ OPINION THE LEGAL DESCRIPTION OF THIS • ------"""'"'"'""""OWM, -----+------/ I DOCUMENT IS INfORRECT . "
~
r ___ ,,,_,
1 1 EASEMENT FOR boUNTY HIGHWAY PURPOSES
~~ PER GRANT DEED DOC. NO. 54243. RECORDED
CMUPRIVACYWALL'-.-~ " : ~CH 31, 1966, O.R.
\ .,,,___,.. I -·--1 /
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CMU PRIVACY WALL'--;
I
ROAD AND UTILITIES PER FILE/PAGE NO. 221085, )"
RECORDED DEC. 8, 1965, O.R. . l \
l 172.65'
EASEMENT FOR INGRESS AND EGRESS FOR ) /~
ROAD AND UTILITIES PER PARCEL 2 OF DOC. NO. . P
2017-0479070, RECORDED OCT. 16, 2017, O.R. <i ~-
)
\ I t / t r ~
N ss·os•s3" w
A.P.N. 321-020-69
I
I
I
I
F>,CEOFCUl'l0 I

15.;._55'
<,Q:~~
~
NORTH LINE OF THE OUTH ( j -SDGE EASEMENT FOR GAS LINE PURPOSES PERJ -H. 680.26' OF THE NE4 OF THE SW4 \L._ GRANT DEED DOC. NO. 192546, RECORDED 't.N OCTOBER 20, 1969, O.R.

I~ BENCHMARK
BEARINGS AND DISTANCES HEREON ARE BASED ON NORTH LINE OF THE SOUTH ELEVATIONS ME BASED ON,. ERASS DISK IN TOP RECORD OF SURVEY MAP NO. 11839 660.06' OF THE NE4 OF THE SW4 ~6-~::3i..61~~:~~~.~~~~~~~1;{SOUTHOFMOUNTAIN 0 Iii!
J c3
' """'i''~
-30-Z•:
:;t;,' J)o.!,.4 .fue,,.._
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B-ONSA.1.L.c.\i200J S.Bl,l,COOJffYOFSA.NOIEGO.CA • ,.,
!7~J:,.;>$-O.~ .,... .. D.G.l .. ,..';'l,-;-:,.• oc.... 1•,. 10' "1,4-r ""-202J-57 Tcpo July 16, 2024, Item #8
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Existing Main Residence
Floor Plan & Elevation
PlllnPrt~edby: -G. ./i,;,.,u,
~
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itl"'._.,;;.c...i I / ,....___ ___ I/
I
Rogers ADU
14906 Espola Road
Poway, CA 92064
I
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IZ975Broolkpri~erPL.te,Suilt210.P1#11y,C\9~
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July 16, 2024, Item #8
R~GHOTES:

1. NEWROOfTOMATai DlSTINGROOF OFM.I.N IIESClEHCE. TO BE CUSS'A."COMf'O&TION SHNG..ES (ICC-{lilif 1475 ~40# FELT'Mlli Cl.ASS",'" ROOflHGASSEM8LY. YE~IN fJEl.D.

2. EVERYOPfNIHGINAH'fEXTERIMWA.USH-'U BERASHEOW/S>IEETMETA.1.CflWA.TERPROOF BJA.DNGPAPER.

3. ,'TTlCYEh'TI..A.noN~StWJ.BECOVEREDW/CORROSl~RESIST.ANTMUA.L!.ESH.W/ MESHCffNtlGSOFl~MAX.oo.iBISIClH.
◄. PRC1/0E RflESTOPS. VERTICAL ,'P«l HOAIZOHTA.L. IN ENCLOSED SPACES@ la-0' INTERVALS MAX. (UBCSEC7Dll.2.1)

5. VERIFYOftPROWlEATTlCYEmlAOOHEOOAL TOriaOFATI1CAAEA.,ATD1STINGYltEIIEATTIC ARfAISOVER30".LISE18"0L,\,IRCXHJDORMERV[t(TSTW.0.75SO.FT.ARfA.

TOTALATilCAREA • 1,025SQ.fT./1S0• 8.!ilO/.75• i.11 IIEWIRED.

PROWlEDV9{TS:1O
t!IOCATESVENTS
VENTOPUIINGSStWJ.BECOYEJlEOYIITHNON-COMBUSTIBLE CORRostONRESISTAHTIJESH.

MESttOPOlflGSSHAU.BEX."WI . .ANDX"MAX.

6. v.t£RE EAVEVENTSAREflSTALLEO. ffitUTIONSHALLNOTBLOCK llEFREER.OWOFAlt.AWt OF 1' OfARSPACEStWJ.BEPROYDEDBETWEEN THE INSIJI.ATIOH.ANOMROOFstEAnttiG. TO ACCOMM00,1.TElHETHCKNESSOF~TIOHPlUSlHEREOUlflEOl"Cl.EAAANCE,MEhllERSIZES MAY IV.VE TO BE INCR£ASEO FOO RAFTER-Gfl.lNG JaSTS. SEC Ra06.J. ... 0 ... ...

J:12
3:12
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~ :~,;~~:d ADU Roof Plan
...
-
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Proposed ADU Floor Plan
SC:ae:1/4"•1'-0'
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July 16, 2024, Item #8
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Sheet; 7 of II
July 16, 2024, Item #9
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
July 16, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f'l>­
Danielle McIntosh, Senior Management Analys~
(858) 668-4729 or [email protected] ~

CITY COUNCIL
Resolution Establishing Assessments for Poway Landscape Maintenance District 19-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 On June 4, 2024, City Council adopted Resolution No. 24-023 declaring intention to levy and collect assessments within Landscape Maintenance District (LMD) 19-1 and set public hearing for July 16, 2024. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 19-1 for Fiscal Year (FY) 2024-25. FY 2024-25 assessment rate is proposed to increase from FY 2023-24's assessment rate by 3 percent to $953.54 per benefit unit per year, based on a voter-approved inflater cap on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI). Landscape maintenance service level will remain at level A and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

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

Discussion:

LMD 19-1 was formed on May 21, 2019, after a ballot measure was proposed and passed, to reorganize LMD 87-1 by detaching 327 commercial properties and forming a new landscape maintenance district (LMD 19-1 ). Existing residential development areas within LMD 87-1 remained as LMD 87-1. A map showing LMD 19-1 's boundaries is included as Attachment B.

LMD 19-1 includes the following non-residential (commercial) developments:

TRACT PROJECT NAME
TTM 85-04 Pomerado Business Park I and II
TTM 86-02R Tech Business Center
TTM 87-13 Parkway Business Center I and II
TTM 88-04R Trident Center
TTM 98-05 Parkway Business Center Ill
1 of 6
July 16, 2024, Item #9
'

TRACT PROJECT NAME
TTM 99-07 Legacy/Toppan
DR 95-13 Watkins Terminals
DR 97-47 Discovery Isle
TTM 00-01 Poway Views, LLC
DR 03-13 Costco/Home Depot
TTM 86-02R Poway Corporate Center
TPM 06-04 Slough Poway 11, LLC
FY 2024-25 assessment rate is proposed to increase from the FY 2023-24 assessment rate by 3 percent to $953.54 per benefit unit per year. LMD 19-1 includes a voter-approved inflater which helps revenues keep pace with inflation. Annual assessment rate increases are capped at 3 percent of the annual change in CPI. Because projected expenditures are exceeding revenues, an i_ncrease of 3 percent is requested at this time. Landscape maintenance service level will remain at level A. Service level A consists of performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, and sweeping) for respective areas within LMD 19-1 on a weekly basis.

City Council's approved FY 2024-25 Engineer's Report is on file in the Office of the City Clerk, 13325 Civic Center Drive and the Department of Public Works, 14467 Lake Poway Road, Poway, California.

Environmental Review:

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

Fiscal Impact:

LMD 19-1 includes a voter-approved inflater which helps revenues keep pace with inflation. The assessment rate for FY 2024-25 is capped at 3 percent or the annual change in the CPI, whichever is less. FY 2024-25 LMD 19-1 assessment rate will increase from FY 2023-24's rate of $925.77 to $953.54 per benefit unit per year. Revenue for LMD 19-1 is comprised of $833,763 from assessments, $9,920 in estimated interest earnings, $3,266 in miscellaneous revenue and $220,225 in General Fund contributions. Estimated revenues and the planned use of operating reserves are sufficient to cover planned service levels. Service levels may be subject to adjustments depending on frequency and magnitude of unplanned events.

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, June 20, 2024.

Pursuant to Government Section 53753, all public notification requirements have been met. No responses have been received regarding proposed assessments at the time this report was written.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2 of 6
July 16, 2024, Item #9
Attachments:

A. Resolution
B. LMD19-1 Map
Reviewed/Approved By:

Assistant City Manager
3 of 6
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
c~'
City Manager
July 16, 2024, Item #9

RESOLUTION
NO.
24-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

ESTABLISHING

ASSESSMENTS
FOR
POWAY

LANDSCAPE

MAINTENANCE

DISTRICT
NO.
19-1
TO
BE

COLLECTED
ON
THE
SAN
DIEGO
COUNTY

PROPERTY
TAX
ROLL
FOR
FISCAL
YEAR
2024-25

WHEREAS,
City
Council
of
the
City
of
Poway
desires
to
have
Landscape
Maintenance
District
assessments
collected
on
the
San
Diego
County
Property
Tax
Roll;

WHEREAS,
pursuant
to
provisions
of
City
of
Poway Resolution
No.
00-034
(Policies
for
Landscape
Maintenance
Districts)
and
Assessment
law
being
"Landscape
and
Lighting
Act
of
1972"
(being
part
2 of
Division
15 of
the
California
Streets
and
Highways
Code),
applicable
provisions
of
"Proposition
218"
(being
Article
XIII
C
of
the
California
Constitution),
and
provisions
of
"Proposition
218
Omnibus
Implementation
Act"
(being
California
Senate
Bill
919),
and
in
accordance
with
the
Resolution
of
Intention,
being
City
of
Poway
Resolution
No.
24-023
adopted
by
City
Council
of
the
City
of
Poway,
County
of
San
Diego,
State
of
California,
in
connection
with
proceedings
for
Landscape
Maintenance
District
No.19-1,
the
Assessment
Engineer
for
the
City
of
Poway
has
submitted
an
Engineer's
Report
for
the
District
as
required
by
California
Street
and
Highways
Code,
Section
22565;

WHEREAS,
on
June
4,
2024,
at
a
regular
meeting
of
Poway's
City
Council,
amounts
to
be
collected
have
been
set
forth
in
a
public
Engineer's
Report;

WHEREAS,
on
July
16,
2024,
City
Council
held
a
duly
advertised
public
hearing
to
solicit
comments
from
the
public,
both
for
and
against,
relative
to
this
matter;
and

WHEREAS,
this
action
is
authorized
by
laws
of
the
State
of
California.

NOW,

THEREFORE,
BE
IT

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

SECTION
1:

The
Assessment
Rate
for
one
(1)
zone
is
as
follows:

Zone
A:
$953.54
per
benefit
unit per
year

SECTION
2:

The
sum
of
assessments
to
be
collected
on
the
Fiscal
Year
2024-25
San
Diego
County
Property
Tax
Roll
to
provide
for
maintenance
of
landscape
improvements
within
Zone
A
of
Landscape
Maintenance
District
No.
19-1
is
as
follows:

Zone
A:
$833,763

SECTION
3:

Under
assessment
law,
City
of
Poway's
General
Benefit
Contribution
has
been
calculated
as
$220,225.
4of6

II II II

ATTACHMENT
A
July 16, 2024, Item #9
Resolution
No.
24-
Page
2 PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
16th
day
of
July
, 2024
by
the
following
vote,
to
wit:

AYES: NOES: ABSTAINED
:

ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST
:

Carrie
Gallagher,
CMC,
City
Clerk
5 of6
July 16, 2024, Item #9
Metate Ln
6 of 6
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a:

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"' .E: I
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"O
a:
.£
C
::,
E
E
0 u
City of Poway
City of
San Diego

ATTACHMENT B
Poway Rd Garden Rd
July 18, 2024, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
July 16, 2024
Honorable Mayor and Members of the City :t\pcil
Eric Heidemann, Director of Public Works t("'
Danielle McIntosh, Senior Management Analysif
(858) 668-4729 or [email protected]

CITY COUNCIL
Resolution Establishing Assessments for Poway Landscape Maintenance District 83-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 On June 4, 2024, City Council adopted Resolution No. 24-024 declaring intention to levy and collect assessments within Landscape Maintenance District (LMD) 83-1 and set the public hearing for July 16, 2024. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 83-1 for Fiscal Year (FY) 2024-25. FY 2024-25 assessment rates for LMD 83-1 Zone A, Zone B and Zone C are proposed to remain unchanged at the FY 2023-24 rates of $118.48, $235.75 and $496.16 per benefit unit year, respectively.

Landscape maintenance service levels for Zones A, Band C will remain at level C and may be subject to adjustments depending on frequency and magnitude of unplanned events.

Recommended Action:

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

Discussion:

LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for various subdivisions included within the boundaries of LMD 83-1. A map showing LMD 83-1 's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into the LMD 83-1 as a condition of property development either through final map process or by Council Resolution.

LMD 83-1 Zone A includes the following residential developments:

TRACT PROJECT NAME
TTMs
TTM
TTM
TTM
1 of 6
3495, 4113, 4191, 89-15 and TPM 89-18
3503
3533
3461
Rancho Arbolitos
Adobe Ridge I and II
The Colonies
Casa Real, Unit 7
July 18, 2024, Item #10

TRACT PROJECT NAME
TTM 84-04R Country Creek
TTM 84-07 Woodland Hills
TTM 85-01 Rancho Espola
TTM 86-04 Midland Estates
TTM 86-05 Community 16 Villas (Poway 16)
TTM 87-04 Park Village
TTM 87-06 Cicero-Pacific
TTM 88-05 Gateway/La Manda
TTM 88-09 Carmel Vista
TPM 89-09 Cusick
TTM 99-01 Diroma Estates
TPM 99-05 Spyglass
TTM 02-03 Lamagna
TPM 03-05 Lamagna
LMD 83-1 Zone B includes the following non-residential (commercial) developments:

TRACT PROJECT NAME
TPM
CUP
86-03
92-05
LMD 83-1 Zone C includes the following residential development:

Twin Peaks Plaza
Kindercare

TRACT PROJECT NAME
TTM 98-06 Kentfield Estates
In 2018, the City initiated proceedings to form a proposed landscape maintenance district (referred to as LMD 18-1) within the boundaries of the existing LMD 83-1. Proposed LMD 18-1 would have added properties that previously were not assessed and established different benefit zones, and increased assessments currently imposed on properties in the existing LMD 83-1. Proposed LMD 18-1 was balloted for an increase in assessments with annual cost indexing based on the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI), not to exceed 3 percent. Proposed LMD 18-1 had a majority protest for the increase, and consequently failed to pass the ballot and was not formed.

FY 2024-25 assessments for Zone A are proposed to remain unchanged at the FY 2023-24 rate of $118.48 per benefit unit per year; Zone B FY 2024-25 assessments are proposed to remain at the FY 2023-24 rate of $235.75 per benefit unit per year; and Zone C FY 2024-25 assessments are proposed to remain at the FY 2023-24 rate of $496.16 per benefit unit per year.

LMD 83-1 currently has no approved escalation factor for increasing the maximum assessment rate.

Failure of an assessment increase by ballot for LMD 83-1 in FY 2017-18, led to a reduction in maintenance services. Landscape maintenance service levels for Zones A, Band C will remain at level C and may be subject to further adjustments to align with assessment revenue and to accommodate unexpected repair needs that arise. Service level C consists of performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, and sweeping) for respective areas within LMD 83-1 on a monthly basis. 2 of 6
July 18, 2024, Item #10
City
Council's
approved
FY
2024-25
Engineer's
Report
is
on
file
in
the
Office
of
the
City
Clerk,
13325
Civic
Center
Drive
and
the
Department
of
Public
Works,
14467
Lake
Poway
Road,
Poway,
California.

Environmental
Review:

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

Fiscal
Impact:

LMD
83-1
does
not
include
a
voter-approved
inflater
which
puts
pressure
on
service
levels
as
expenses
increase
over
time
due
to
inflation
while
revenues
do
not.

FY
2024-25
LM
D
83-1
Zone
A
assessment
rate
remains
unchanged
from
the
FY
2023-24
rate
of
$118.48
per
benefit
unit
per
year.

Revenue
for
LMD
83-1
Zone
A
is
comprised
of
$164,806
from
assessments,
$3,588
in
estimated
interest
earnings,
$3,998
in
miscellaneous
revenue
and
$63,658
in
General
Fund
contributions. FY
2024-25
LMD
83-1
Zone
B
assessment
rate
remains
unchanged
from
the
FY
2023-24
rate
of$235
.75
per
benefit
unit
per
year.

Revenue
for
LMD
83-1
Zone
B
is
comprised
of
$23,226
from
assessments,
$2,017
in
estimated
interest
earnings
and
$16,474
in
General
Fund
contributions
.

FY
2024-25
LMD
83-1
Zone
C
assessment
rate
remains
unchanged
from
the
FY
2023-24
rate
of
$496.16
per
benefit
unit
per
year
. Revenue
for
LMD
83-1
Zone
C
is
comprised
of
$12,900
from
assessments,
$2,497
in
estimated
interest
earnings,
and
$3,428
in
General
Fund
contributions
.

Estimated
revenues
including the
planned
use
of
reserves
in
Zone
A
are
sufficient
to
cover
planned
service
levels.

Service
levels
may
be
subject
to
adjustments
depending
on
the
frequency
and
magnitude
of
unplanned
events.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
June
20,
2024.

Pursuant
to
Government
Section
53753,
all
public
notification
requirements
have
been
met.

No
responses
have
been
received
regarding
proposed
assessments
at
the
time
this
report
was
written.

Attachments: A.

Resolution
B.

LMD
83-1
Map
Reviewed/Approved
By:

Assistant
City
Manager
3 of
6 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~1'9
City
Manager
July 18, 2024, Item #10
RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, ESTABLISHING ASSESSMENTS FOR
POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 83-1 TO

BE COLLECTED ON THE SAN DIEGO COUNTY PROPERTY TAX
ROLL FOR FISCAL YEAR 2024-25
WHEREAS, City Council of the City of Poway desires to have Landscape Maintenance District assessments collected on the San Diego County Property Tax Roll; WHEREAS, pursuant to provisions of City of Poway Resolution No. 00-034 (Policies for Landscape Maintenance Districts) and Assessment law being "Landscape and Lighting Act of 1972" (being part 2 of Division 15 of the California Streets and Highways Code), applicable provisions of "Proposition 218" (being Article XIII C of the California Constitution), and provisions of "Proposition 218 Omnibus Implementation Act" (being California Senate Bill 919), and in accordance with the Resolution of Intention, being City of Poway Resolution No. 24-024 adopted by City Council of the City of Poway, County of San Diego, State of California, in connection with proceedings for Landscape Maintenance District No. 83-1, the Assessment Engineer for the City of Poway has submitted an Engineer's Report for the District as required by California Street and Highways Code, Section 22565;
WHEREAS, on June 4, 2024, at a regular meeting of Poway's City Council, amounts to be collected have been set forth in a public Engineer's Report; WHEREAS, on July 16, 2024, City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this matter; and WHEREAS, this action is authorized by laws of the State of California.

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

SECTION 1: The Assessments Rates for three (3) zones are as follows:

Zone A:

Zone B:

Zone C:
$118.48 per benefit unit per year
$235. 75 per benefit unit per year
$496.16 per benefit unit per year
SECTION 2: The sum of assessments to be collected on the Fiscal Year 2024-25 San Diego County Property Tax Roll to provide for maintenance of landscape improvements within Zones A, Band C of Landscape Maintenance District No. 83-1 are as follows:

Zone A:

Zone B:

Zone C:
$164,806
$23,226
$12,900
SECTION 3: Under assessment law, City of Poway's General Benefit Contribution has been calculated for Zone A as $63,658, for Zone Bas $16,474 and Zone C as $3,428.

II
4of6 ATTACHMENT A
July 18, 2024, Item #10
Resolution No. 24-

PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Poway, California on the 16th day of July, 2024 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 6
July 18, 2024, Item #10
~ City of
d':. San Diego
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City of Poway
Poway Rd

ATTACHMENT B
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"Cl
C
ro
'6
2 Twin Peaks Rd
n
-
Poway Rd
"' "' -0
"'-OJ
;;o
Cl.

Garden Rd
July 16, 2024, Item #11
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT
July 16, 2024
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works f
Danielle McIntosh, Senior Management Analys~~
(858) 668-4729 or [email protected] r YI'
City of Poway

CITY COUNCIL
Resolution Establishing Assessments for Poway Landscape Maintenance District 86-1 to be Collected on the San Diego County Property Tax Roll for Fiscal Year 2024-25 On June 4, 2024, City Council adopted Resolution No. 24-025 declaring intention to levy and collect assessments within Landscape Maintenance District (LMD) 86-1 and set the public hearing for July 16, 2024. City Council is to consider approval of a resolution (Attachment A) authorizing the levy and collection of assessments for each affected parcel within LMD 86-1 for Fiscal Year (FY) 2024-25. FY 2024-25 assessment rate for LMD 86-1 Zone A is proposed to remain at the FY 2023-24 rate of $243.04 per benefit unit per year. Landscape maintenance service level for Zone A will remain at level Band may be subject to adjustments depending on frequency and magnitude of unplanned events. Within Zone A, the Green Valley Estates Homeowners Association currently has an agreement with the City to maintain rights-of-way bordering development along Lake Poway Road. Additionally, one non­ residential parcel (which makes up Zone B with current service level A), also has an agreement with the City to maintain landscape improvements along the corner of Espola Road and Twin Peaks Road.

As such, these parcels will not be levied.

Recommended Action:

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

Discussion:

LMD 86-1 was formed on June 12, 1986, to maintain landscape improvements required as conditions of approval for various subdivisions included within the boundaries of LMD 86-1. A map showing LMD 86-1 's boundaries is included as Attachment B. Each subdivision and/or development listed below was required to annex into LMD 86-1 as a condition of property development either through the final map process or by Council Resolution.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1 of 6
July 16, 2024, Item #11
LMD
86-1
Zone
A
includes
the
following residential
developments:

TRACT

PROJECT
NAME
TTMs
4090R,4091R,4092R,4093R
Bridlewood
TTM
3545
Piedmont
Park
TTM
4158
Stone
Canyon
Ranch
TTM
84-08
The
Grove
TTM
89-13
Old
Coach
Collection
TTM
89-13R
The
Heritage,
Phase
I, Unit
I
TTM
89-13R
The
Heritage,
Phase
I, Unit
Ill
TTM
89-13R
The
Heritage,
Phase
I, Unit
IV
TTM
98-02
North
Point
TTM
99-03
Vision
Homes
MORA
98-71
Kennedy
Family
Trust
MORA
01-38
Wells
Trust
MORA
05-59
Garczynski
TTM
00-02
Malone
TTM
02-01
BBA
Partners
PM
15384
(par
1,
2,
3 and
4)
Custom
Homes
MAP
15725
Milpitas-Fleming
Associates
ROS
4063
Seaman
Gregg
TTM
86-01
Huntington
Gate,
I and
II
MORA
04-02
Sedehi/Fard
TTM
87-05
Serenata
TTM
88-15
Green
Valley
Estates
LMD
86-1
Zone
B
includes
the
following
non-residential
development:

TRACT

PROJECT
NAME
TPM
90-06
LOS
Poway
Chapel
In
2018,
the
City
initiated
proceedings
to
form
a
proposed
landscape
maintenance
district
(referred
to
as
LMD
18-2)
within
the
boundaries
of
existing
LMD
86-1.

Proposed
LMD
18-2,
would
have
added
properties
that
previously
were
not
assessed
and
established
different
benefit
zones,
and
increased
assessments
currently
imposed
on
properties
in
existing
LMD
86-1.

Proposed
LMD
18-2
was
balloted
for
an
increase
in
assessments
with
annual
cost
indexing
based
on
the
San
Diego-Carlsbad
Consumer
Price
Index
for
All
Urban
Consumers
(CPI),
not
to
exceed
3 percent.

Proposed
LMD
18-2
had
a majority
protest
for
the
increase
and
consequently
failed
to
pass
the
ballot
and
was
not
formed.

FY
2024-25
assessments
for
Zone
A
are
proposed
to
remain
unchanged
at
FY
2023-24
rates
of
$243.04
per
year
per
benefit
unit
per
year.

LMD
86-1
currently
has
no
approved
escalation
factor
for
increasing
the
maximum
assessment
rate.

Failure
of
an
assessment
increase
by
ballot
for
LMD
86-1
in
FY
2017-18,
led
to
a
reduction
in
maintenance
services.

Landscape
maintenance
service
level
will
remain
at
level
B.

Service
level
B
consists
of
performing
landscape
maintenance
(e.g.,
irrigation
inspection,
removal
of
trash
and
debris,
trimming
of
shrubs,
fertilizing,
mowing,
edging,
pruning,
and
sweeping)
for
respective
areas
within
Zone
A
on
a
bi-monthly
basis.

Services
may
continue
to
be
reduced
to
align
with
assessment
revenue
2of6
July 16, 2024, Item #11
and
to
accommodate
unexpected
repair
needs
that
arise.

Notably,
with
Zone
A,
the
Green
Valley
Estates
Homeowners
Association
currently
has
an
agreement
in
place
with
the
City
to
maintain
rights­
of-way
bordering
the
development
along
Lake
Poway
Road.

Therefore,
an
assessment
will
not
be
levied
for
these
parcels.

Zone
B
(non-residential)
is
comprised
of
a
single
property,
The
Church
of
Latter-Day
Saints.

Landscape
improvements
are
being
maintained
by
parcel
owners
under
terms
of
an
agreement
with
the
City.

Therefore,
an
assessment
will
not
be
levied
for
this
zone.

City
Council's
approved
FY
2024-25
Engineer's
Report
is
on
file
in
the
Office
of
the
City
Clerk,
13325
Civic
Center Drive
and
the
Department
of
Public
Works,
14467
Lake
Poway
Road,
Poway,
California.

Environmental
Review:

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

Fiscal
Impact:

LMD
86-1
does
not
include
a
voter-approved
inflater
which
puts
pressure
on
service
levels
as
expenses increase
over
time
due
to
inflation
while
revenues
do
not.

FY
2024-25
LMD
86-1
Zone
A
assessment
rate
remains
unchanged
from
the
FY
2023-24
rate
of
$243.04
per
benefit
unit
per
year.

Revenue
for
LMD
86-1
Zone
A
is
comprised
of
$230,888
from
assessments,
$6,948
in
estimated
interest
earnings,
$673
in
miscellaneous
revenue,
and
$60,130
in
General
Fund
contributions.

Estimated
revenues
are
sufficient
to
cover
planned
service
levels.

Service
levels
may
be
subject
to
adjustments
depending
on
frequency
and
magnitude
of
unplanned
events.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
June
20,
2024.

Pursuant
to
Government
Section
53753,
all
public
notification
requirements
have
been
met.

No
responses
have
been
received
regarding
proposed
assessments
at
the
time
this
report
was
written.

Attachments: A.

Resolution
B.

LMD
86-1
Map
Reviewed/
Approved
By:

Wend
aserman
Assistant
City
Manager
3 of
6 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:
c~ City
Manager
July 16, 2024, Item #11

RESOLUTION
NO
. 24-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY
,

CALIFORNIA,

ESTABLISHING

ASSESSMENTS
FOR
POWAY

LANDSCAPE

MAINTENANCE

DISTRICT
NO.
86-1
TO
BE

COLLECTED
ON
THE
SAN
DIEGO
COUNTY

PROPERTY
TAX
ROLL
FOR
FISCAL
YEAR
2024-25

WHEREAS,
City
Council
of
the
City
of
Poway
desires
to
have
Landscape
Maintenance
District
assessments
collected
on
the
San
Diego
County
Property
Tax
Roll
;

WHEREAS,
pursuant
to
provisions
of
City
of
Poway Resolution
No
. 00-034
(Policies
for
Landscape
Maintenance
Districts)
and
Assessment
law
being
"Landscape
and
Lighting
Act
of
1972"
(being
part
2 of
Division
15 of
the
California
Streets
and
Highways
Code),
applicable
provisions
of
"Proposition
218"
(being
Article
XIII
C
of
the
California
Constitution),
and
provisions
of
"Proposition
218
Omnibus
Implementation
Act"
(being
California
Senate
Bill
919),
and
in
accordance with
the
Resolution
of
Intention,
being
City
of
Poway
Resolution
No
. 24-025
adopted
by
City
Council
of
the
City
of
Poway,
County
of
San
Diego,
State
of
California,
in
connection
with
proceedings
for
Landscape
Maintenance
District
No.
86-1,
the
Assessment
Engineer
for
the
City
of
Poway
has
submitted
an
Engineer's
Report
for
the
District
as
required
by
California
Street
and
Highways
Code,
Section
22565;