Agenda packet — Poway City Council, February 4, 2025 (part 1 of 2)

February 4, 2025, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicesq
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Midland Road Safety Improvements Project with HMS Construction, Inc., as Complete
Summary:

On June 18, 2024, the City Council awarded the Midland Road Safety Improvements project contract to HMS Construction, Inc., Bid No. 24-004, in the amount of $320,000.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Midland Road Safety Improvements project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $16,000.00 if unencumbered, 45 days after City Council acceptance;
4) Release the Liberty Mutual Insurance Company Bond for Material and Labor in the amount of $320,000.00 after the release of retention; and
5) Retain the Liberty Mutual Insurance Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

In support of the Traffic Safety Committee recommendation, on October 17, 2023, the City Council budgeted funds to install improvements along Midland Road to address pedestrian safety after several residents expressed concerns related to speed and other traffic related issues. The City's traffic consultant, Kimley-Horn, assessed the condition and prepared the bidding documents to replace existing warning signs with fluorescent yellow-green signs, install rapid flashing beacon signs and place a speed feedback sign along Midland Road between Norwalk Street and Putney Road. All these improvements have now been successfully completed, and their effectiveness will be evaluated one year after City Council acceptance to ensure they achieve the intended safety objectives. 1 of2
February 4, 2025, Item #2
HMS Construction, Inc., has completed all work in accordance with the contract plans and specifications. There were no change orders for this project. The final contract amount is $320,000.00.

Environmental Review:

This action of acceptance of public improvements that have been completed, which was the subject of a prior environmental determination, is not considered a Project pursuant to Section 15378(b)(S) of the California Environmental Quality Act (CEQA) Guidelines and therefore no further environmental review is required.

Fiscal Impact:

There are sufficient funds available in the project account (ST002) for the release of retention. Funds remaining in the project at year end will be returned to the Capital Improvement Fund for use on other projects.

Public Notification:

None.

Attachments:

None
Reviewed/ Approved By:

Wendy.,kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #3
AG EN DA REPORT City of Poway
DATE:

TO:

FROM:

CONTACT:

February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Traffic Signal Controller Upgrades Project with Econolite Systems, Inc., as Complete
Summary:

On January 16, 2024, the City Council awarded the Traffic Signal Controller Upgrades project contract to Econolite Systems, Inc., Bid No. 24-001, in the amount of $519,551.72. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Traffic Signal Controller Upgrades project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $26,161.17 if unencumbered, 45 days after City Council acceptance;
4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $523,223.34 after the release of retention; and 5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one (1) year.

Discussion:

This project is part of an annual program to replace outdated traffic equipment as necessary to maintain uninterrupted operations of the City's traffic signals. The Public Works Department operates and maintains 56 signalized intersections in the City of Poway. Forty-three of the signalized intersections had type 170 controllers, which is the first generation of computer controller for signals in California. The type 170 controller has been discontinued resulting in difficulty finding replacement parts and lacks functionality of modern signal controllers. This project replaced the obsolete controllers with type 2070 controllers and installed the necessary fiber and network switches to improve traffic signal communications and integration with the City's traffic management systems.

While the City is exploring adaptive signal technology at select intersections as part of a separate 1 of2
February 4, 2025, Item #3
effort, this project focused solely on upgrading existing controller infrastructure and did not include the implementation of adaptive signal technology.

This action accepts the Traffic Signal Controller Upgrades project as complete. STC Traffic, Inc. assisted with construction support services, providing signal timing conversions for each new controller and turn-on support ensuring proper traffic signal operation during construction. Econolite Systems, Inc. has completed all work in accordance with the contract plans and specifications. The single change order, in the amount of $3,671.50, consisted of installing controllers at five locations that were not part of the project scope. Additionally, the change order included the installation of power receptacles at four locations to provide the necessary power supply for the additional equipment being installed at these locations. The final contract amount is $523,223.34.

Environmental Review:

Fiscal Impact:

There are sufficient funds available in the project account (ST012) for the release of retention. Funds remaining in the project at year end will remain in the account to be combined with future appropriation for this annual traffic signal program.

Public Notification:

None.

Attachments:

None
Reviewed/Approved By:

I
-~ R;✓~ L------------~
Wenfu! Kaserman
Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works /4 ~
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Queen City Glass Co. for Public Facilities Renovation Window Replacement at the Water Treatment Plant
An informal request for proposals for Public Facilities Renovation Window Replacement at the Water Treatment Plant was requested on June 13, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at the Water Treatment Plant. One (1) proposal was received and reviewed by staff. Staff determined Queen City Glass Co. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at the Water Treatment Plant to Queen City Glass Co. in the amount of $156,520 and authorize the City Manager to execute the necessary documents.

Discussion:

As part of the annual budget process, funds are allocated for capital projects through the Capital Improvement Program (CIP) for investment in City infrastructure, including City facilities. During the Fiscal Year (FY) 2023-24 budget process, funds were allocated to Public Facilities Renovation (MN040).

It was determined a portion of the funds would be utilized for window replacements at the Water Treatment Plant.

The windows at the Water Treatment Plant have reached the end of their useful life. The Water Treatment Plant, originally constructed in 1968, still contains its original windows. The proposed project involves replacing twenty-two (22) exterior windows of the office building. The existing windows are no longer functioning effectively due to ineffective seals and inadequate insulation, 1 of20
February 4, 2025, Item #4
resulting in drafts and reduced comfort for staff working within the building. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days, with no impact to the Water Treatment Plant's operations.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032{b) or {c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as the windows have custom dimensions and configurations that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Queen City Glass Co. who was determined responsive. Based on the received proposal and the work needed to complete the project, Queen City Glass Co.'s price is fair and reasonable, and Queen City Glass Co. is qualified to carry out the work. Staff recommends the Agreement be awarded to Queen City Glass Co. for labor and materials to replace the windows at the Water Treatment Plant's office building in the total amount of $156,520.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

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

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at the Water Treatment Plant for the recommended amount of $156,520. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget, with funds appropriated from the Capital Improvement Fund (1060).

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of20
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #4
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Queen City Glass Co. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at the Water Treatment Plant;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
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 3 of20 ATTACHMENT A
February 4, 2025, Item #4
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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February 4, 2025, Item #4

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:
5 of20
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

February 4, 2025, Item #4
DISCLOSURE DETERMINATION:
~ 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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February 4, 2025, Item #4

14. Contractor's
Insurance.

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

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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20 February 4, 2025, Item #4
(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
of
any
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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February 4, 2025, Item #4

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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February 4, 2025, Item #4

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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February 4, 2025, Item #4
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
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
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Queen City Glass Co.

By:-------------
Katie Mertins, Contract Manager
February 4, 2025, Item #4
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Contractor agrees to provide the public facility renovation at the Water Treatment Plant to remove and replace the windows located in the office building which shall consist with the documents described in the Scope of Services submitted on June 13, 2024, included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated June 13, 2024, which is included in this document as Attachment

1. The total fee is not to exceed $156,520. 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 February 5, 2025, and ending June 30, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. 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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February 4, 2025, Item #4
(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.
(Remainder of page intentionally left blank)
13 of 20
February 4, 2025, Item #4
E. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of20
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Queen City Glass Co.
30858 Wealth Street
Murrieta, CA 92563
(Remainder of page intentionally left blank)
February 4, 2025, Item #4
~
ATTACHMENT 1
-
0 Q ue,e,«, e i,t;;(j ef ta<i<i e IJ.
est. 1973
C-17 Lie. #289252 DIR #1000001153
Date:

Project:

To:

Attn:

From:

June 13, 2024
City of Poway Water Treatment Facility, Poway, CA
Will Wiley
Estimating
Katie [email protected]
SCOPE OF WORK:

BID SCOPE LETTER
We hereby propose to furnish and install, tax included, per job walk attended by Mark Smith, the attached sketch and the following:

Scope:
2" x 4-1/2" aluminum storefront by Arcadia, Inc. Per the attached sketch. Glazing shall be 1" thick, tinted (standard color) low-e (standard) per approvals. Sliding windows included as noted, sizes may require alterations based on manufacturers allowed max. sizes. Demo, flashing for these openings and minor refinishing of interiors is included. No hardware schedule included, based on typical hardware as noted. Von Duprin Panics included.

BASE BID:

EXCLUSIONS:
1) Cleaning of glass and/or metal
2) Breakage or damage except our own
3) Protection of or from other trades
4) Bond -bendable at 1.5%
$156,520.00
1 CLARIFICATIONS/SPECIAL INCLUSIONS:

1. This project is based strictly on a jobsite walk, no architectural drawings, or specs. provided. Any major changes that occur due to issues from demo, etc. may require additional charges.

Notes, Terms and Conditions: Our Corporation has been established since 1973. We are SBE Certified. We are not affiliated with any Union. We have an open shop. Queen City Glass Co. subcontracts all labor. Prevailing wages included. California License No. 289252 C-17 expires 04/30/2026. We are bondable at a flat 2% rate, unless noted otherwise.

Payment of bond invoice not acceptable. A complete hard copy set of Contract Documents shall be provided to Queen City Glass at no cost. Standard AIA Subcontract Agreement only. This quote may be withdrawn if not accepted within 30 days. Anything not specifically included is excluded. Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein and shall supersede conflicting terms in any other contractor's documents. Any of the contractor's terms and conditions in addition, or different from this proposal are objected and shall have no effect. Contractor's agreement to the terms of this scope letter shall be evidenced by contractor listing Queen City Glass Co. in its bid documents or by allowing QCG to commence work for this project. All progress and final payments must be paid in strict accordance with Public Contract Code and the CA Prompt Payment Act. State of CA SBE interest rates will apply to any and all late payments. 30858 Wealth Street, Murrieta, CA 92563
Phone: (951) 719-3300 Fax: (951) 719-3331
www.queencityglass.com
February 4, 2025, Item #4
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
16 of20
(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 February 4, 2025, Item #4
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:
17 of20
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

February 4, 2025, Item #4
(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
ofthe
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).
18 of
20 February 4, 2025, Item #4

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

PUBLIC

FACILITY

RENOVATION
WINDOW

REPLACEMENT
AT THE
WATER

TREATMENT
PLANT
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
number
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
upon
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
19 of
20 February 4, 2025, Item #4

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."
20 of 20
February 4, 2025, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 4, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ( ~
Michael Obermiller, Public Works Operations Mana~ __
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Division 8, Inc. for Public Facilities Renovation Window Replacement at Old Poway Park
An informal request for proposals for Public Facilities Renovation Window Replacement at Old Poway Park was requested on September 3, 2024, by the City of Poway (City). Bids for the project were solicited directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $220,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the window replacement project at Old Poway Park. One (1) proposal was received and reviewed by staff. Staff determined Division 8, Inc. to be qualified to provide this service to the City.

Recommended Action:

It is recommended City Council award the Agreement for Public Facilities Renovation Window Replacement at Old Poway Park to Division 8, Inc. in the amount of $120,670 and authorize the City Manager to execute the necessary documents.

Discussion:

It was determined a portion of the funds would be utilized for window replacements at Templars Hall located in Old Poway Park along Midland Road.

The windows at Templars Hall have reached the end of their useful life. Templars Hall, originally constructed in 1886, underwent repairs in the 1990s, including the installation of the current exterior windows. The proposed project involves replacing all nine (9) exterior windows. The existing windows no longer function efficiently due to worn frames, warping that prevents proper latching, separation 1 of21
February 4, 2025, Item #5
between the wood and window causing insulation failure, and an inability to support necessary interior hardware. Replacing the windows will enhance energy efficiency and reduce ongoing maintenance requirements. The estimated construction timeline is 15 working days. During this period, Templars Hall will be closed to the public. All closures will be coordinated through Old Poway Park staff to minimize the effect on the public.

Under CUPCCAA, alternative bidding procedures are available for public project work performed by contract. For projects valued at $220,000 or less, informal or formal bidding methods can be used, as specified in Sections 22032(b) or (c) of the California Public Contract Code. The City is a participant in CUPCCAA, which facilitates the use of informal bidding procedures for public works projects under $220,000. In accordance with this process, staff reached out to pre-approved contractors and requested six (6) proposals. A job walk was provided and attended by all six (6) contractors. Of the six (6) contractors that attended the job walk, one (1) proposal was submitted due to the project's complexity, as these are original wooden windows that present challenges beyond those typically encountered in a standard window replacement. Staff reviewed the proposal submitted by Division 8 Inc. who was determined responsive. Based on the received proposal and the work needed to complete the project, Division 8 lnc.'s price is fair and reasonable, and Division 8 Inc. is qualified to carry out the work. Staff recommends the Agreement be awarded to Division 8 Inc. for labor and materials to replace the windows in Templars Hall at Old Poway Park in the total amount of $120,670.

A copy of the proposal is on file with the Public Works Department.

Environmental Review:

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

Fiscal Impact:

The Public Facilities Renovation project (MN040) includes sufficient funding to award the noted Agreement for the window replacement project at Old Poway Park for the recommended amount of $120,670. The City proactively planned for this window replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Wendy &lserman =
Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #5
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 5th day of February 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Division 8, Inc. (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Window Replacement at Old Poway Park;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
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 3 of21 ATTACHMENT A
February 4, 2025, Item #5
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.

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.
4of21
February 4, 2025, Item #5

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:
5 of
21 (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.

February 4, 2025, Item #5
DISCLOSURE DETERMINATION:
[gj 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.

Department Director

10. No Assignments.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

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.
7 of21
February 4, 2025, Item #5
(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 of any 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.
8 of21
February 4, 2025, Item #5

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.

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.

23. Entire Agreement.

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

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.

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)
10 of 21
February 4, 2025, Item #5
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
ATTEST:

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:------------
Alan Fenstermacher, City Attorney
11 of 21
Division 8, Inc.

By:------------
Stephanie Hoyt, Contract Manager
February 4, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to provide the public facility renovation at Old Poway Park to remove and replace the windows located in Templars Hall which shall consist with the documents described in the Scope of Services submitted on September 3, 2024, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated September 3, 2024, which is included in this document as Attachment 1. Total fee is not to exceed $120,670. 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.

C. Term of Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
12 of 21
February 4, 2025, Item #5
(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:

3. Insurance Certificates:

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
14 of 21
To City:

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
Division 8, Inc.
1488 Pioneer Suite 105
El Cajon, CA 92020
(Remainder of page intentionally left blank)
February 4, 2025, Item #5
1488 Pioneer Suite 105
El Cajon, CA 92020
CA UC 779435
September 3, 2024
Company:

Attention:

Reference:

City of Poway
Will Wiley
Templar's Hall
Subject: Scope of Work/ Proposal R1
ATTACHMENT 1
DIVISION 8

INCORPORATED
Phone: (619) 741-7552
Fax: (619) 741-7582
www.division8inc.com
Division 8 Inc. is pleased to submit our bid proposal based upon the jobsite visit between Rob Hoyt with Division 8 and Will Wiley with the City of Poway.

Furnished and Installed, Sales Tax Included. Per plans and specifications, subject to the following inclusions and exclusions; Inclusions Templars Hall:
1) Workmanship warranty is for a maximum of one (1) year. Warranties are for manufacturer's standard period and shall not be extended unless approved by the manufacturer.
2) Demo: Division 8 to demo the existing windows leaving structural elements supporting windows and remove from premises.
3) Wood clad windows: Provide and install (13) Pella windows at Templars Hall per Dixieline's quote (see attached takeoff).

The window finish at Templars Hall to be Hartford Green paint on exterior and primed pine interior. Glass to be dual tempered Low-E Sun-Defense glass. Windows to include 7/8" traditional grille per existing windows. 4) Weather Barrier-Forti-Flash 40 mil flexible flashing at window perimeter. 5) Perimeter caulking
6) Prevailing wages
15 of 21
Division 8 Incorporated, AGC & ABC Affiliate

Page 1 of 2 ends

February 4, 2025, Item #5
1488 Pioneer Suite 105
El Cajon, CA 92020
CA LIC 779435
EXCLUSIONS:

DIVISION 8

INCORPORATED
1) Cleaning and protection of installed materials.
2) Engineering
3) Bond
4) Anything not specifically called out in inclusions
Base Bid Templars Hall:

Phone: (619) 741-7552
Fax: (619) 741-7582
www.division8inc.com
$120,670.00
Total for both building pricing increased due to (2) different contracts which result in added equipment, mobilization and freight for windows by $ 8,830.00.

Should you have any questions please contact the undersigned at your convenience.

Sincerely,
Stephanie Hoyt
Division 8 Inc. is a Small Business our certificate number is (0038872) issued by the State of California Department of general services
Division 8 Incorporated, AGC & ABC Affiliate
16 of 21 Page 2 of 2
February 4, 2025, Item #5
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)
17 of 21
(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 February 4, 2025, Item #5
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:
18 of 21
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

February 4, 2025, Item #5
(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 ofthe 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(SB13), 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).
19 of 21
February 4, 2025, Item #5

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

PUBLIC FACILITIES RENOVATION WINDOW REPLACEMENT AT

OLD POWAY PARK
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 number 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 upon 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
20 of 21
February 4, 2025, Item #5

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
February 4, 2025
Honorable Mayor and Members of the City C\)ncil
Eric Heidemann, Director of Public Works {
Michael Obermiller, Public Works Operations Man~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to D Ill Transport Corp. for Trucking and Operator Services; RFP No. 25-007
A request for proposal (RFP) for Trucking and Operator Services, RFP No. 25-007 was duly advertised on November 28 and December 5, 2024. One (1) proposal was received and opened on December 19, 2024. Staff reviewed the proposal submitted by D Ill Transport Corp. and determined D Ill Transport Corp. to be responsive and qualified to provide these services. The length of this Agreement shall be for two (2) years beginning on March 1, 2025, through February 28, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.

Recommended Action:
. It is recommended City Council award the Agreement for Trucking and Operator Services, RFP No. 25- 007, to D Ill Transport Corp. and authorize the City Manager to execute the necessary documents.

Discussion:

The proposed Agreement is for the provision of trucking and operator services to transport asphalt grindings, dirt, rock, recycled concrete materials, and other materials to designated locations specified by the City. This service supports the Public Works street maintenance operations in-house asphalt program.

The City issued a notice inviting proposals for trucking and operator services on November 28 and December 5, 2024, and proactively contacted companies to encourage submissions. New requirements, based on California Air Resources Board guidelines enacted to accelerate a large-scale reduction in tailpipe emissions, impact trucking and operator services by requiring updated certifications to meet the revised regulations. One (1) proposal was received and opened on December 19, 2024. Evaluation criteria included the firm's experience, capacity to perform, and proposed cost. The overall cost was deemed reasonable and reflects a typical increase based on the Consumer Price Index (CPI) compared to the previous contract. After reviewing the proposal, City staff 1 of 21
February 4, 2025, Item #6
determined that D Ill Transport Corp. is qualified to provide trucking and operator services to the City.

The hourly rates for work performed during scheduled operations are outlined in Table 1 below.

Table 1:

Trucking and Operator Hourly Rates
The length of the initial Agreement shall be for two (2) years beginning March 1, 2025, through February 28, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are budgeted in Fiscal Year 2024-25 Street Maintenance budget (411040-43201) for these services. Funding for subsequent years' service will be proposed in future fiscal year budgets.

Public Notification:

None.

Attachments:

A Standard Agreement
Reviewed/Approved By:

Assistant City Manager
2 of 21
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #6
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1st
day
of
March
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
D
Ill

TRANSPORT
CORP.
(hereinafter
referred
to
as
"Contractor").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
Trucking
and
Operator
Services;

WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and

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
delivery
of
written
notice
of
termination
to
Contractor.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.
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ATTACHMENT
A
February 4, 2025, Item #6

5. Confidential Relationship.

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.

8. Ownership of Documents.

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 4of21
February 4, 2025, Item #6
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:
5 of21
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

DISCLOSURE DETERMINATION:
t8:I 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.

February 4, 2025, Item #6
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.

11. Maintenance of Records.

12. Independent Contractor.

13. Licenses, Permits, Etc.

14. Contractor's Insurance.

Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 6 of21
February 4, 2025, Item #6

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
an
.d
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.
(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
7 of21
February 4, 2025, Item #6
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 of any 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 fo such effect.

Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.

19. Notices.

Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
8 of21
February 4, 2025, Item #6

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.

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
9 of21
February 4, 2025, Item #6
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.

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)
10 of
21 February 4, 2025, Item #6
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
ATTEST: Carrie
Gallagher,
City
Clerk

APPROVED
AS
TO
FORM:

By:
___________
_
Alan
Fenstermacher,
City
Attorney
11 of
21 D
Ill
Transport
Corp.

By:------------
Jordan
Buswell,
General
Manager
February 4, 2025, Item #6

1. Scope
Of
Work.
"SPECIAL
PROVISIONS"

EXHIBIT
"A"
The
purpose
of
this
Agreement
is
to
provide
comprehensive
Trucking
and
Operator
Services
for
the
City
of
Poway
. The
Scope
of
Work
is
intended
to
cover
trucking
and
operator
services
for
all
projects
assigned
to
the
Contractor.

In
addition,
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.

2. 12
of
21 Technical
Specifications.

1. Work
being
performed
daily
shall
be
performed
Monday
through
Friday
between
the
hours
of
7:00
a.m.
to
5:00
p.m.
unless otherwise
authorized.

The
driver's
start
time
begins
upon
arrival
at
the
job
site,
at
the
scheduled
time
given
to
start
the
work
day
. The
driver's
stop
time
is
when
the
onsite
Project
Manager
signs
the
driver
's time
sheet.

If
the
driver
is
asked
to
dump
a
load
of
material
outside
of
the
City
limits,
an
additional
30 minutes
will
be
posted
to
the
driver's
time
sheet.

2. The
determination
of
the
total
daily
productive
man-hour
requirements
for
the
performance
of
all
services
herein
is
the
sole
responsibility
of
the
successful
Contractor
.

It
is
of
the
utmost
importance
that
the
Contractor
utilizes
skilled
and
productive
manpower
in
order
to
satisfactorily
furnish
the
required
level
of
service
specified
in
this
solicitation
. Failure
on
the
part
of
the
Contractor
to
utilize
skilled
and
productive
manpower
may
produce
unsatisfactory
results,
which
may
cause
the
Director
of
Public
Works
to
make
adjustments
to
the
Contractor's
invoice(s)
for
unsatisfactory
or
omitted
work.

3. The
Contractor
shall
comply
with
applicable
OSHA
and
Federal
regulations
under
CFR
29 ; Section
1910.12
for
proper
training
and
documentation
.

4. All
Trucks
shall
be
in
compliance
with
the
current
California
Air
Resources
Board
Truck
and
Bus
Regulation.

5. Trucking
services
and
operators
will
be
used
in
conjunction
with
ongoing
City
projects
and
maintenance
activities.

6. All
maintenance,
repairs
and
fuel will
be
provided
by
the
Contractor
.

7. All
trucks
are
to
be
California
DOT
approved
and
in
good
mechanical
condition.

All
trucks
shall
be
not
more
than
10 years
old
at
the
start
of
each
contract
cycle.

The
trucks
may
be
checked
at
any
time
by
the
City's
Vehicle
Maintenance
Supervisor
or
designee(s)
to
ensure
they
meet
all
appropriate
standards.

8. Trucks
and
drivers
are
required
to
be
available
within
a
24-hour
February 4, 2025, Item #6
(weekday)
notification.

9. City
onsite
Project
Managers
and
Supervisors
responsible
for
an
operation
that
requires
dump
trucks
and
drivers
will
continually
evaluate
the
performance
of
the
trucks
and
drivers.

Termination
of
services
can
occur
if the
drivers
are
not
performing
to
the
satisfaction
of
the
onsite
Project
Manager.

10. Rental
of
the
trucks
and
drivers
will
be
for
a
minimum
of
six
hours
per
day
(Monday
through
Friday
between
the
hours
of
7:00
a.m.
to
5:00
p.m.),
not
including
down
time
for
maintenance or
repair.

11. Cost
is
all-inclusive
for
the
operation
of
the
dump
trucks
and
drivers
performing
specified
work.

12. The
maximum
number
of
trucks
per
project
will
be
up
to
5 (five).

13. Trucks
will
be
10-yard
dump
trucks
or
"Big
10 dump
trucks"
or
any
combination
of
these
vehicles.

14. Trucks
must
be
able
to
haul
a
minimum
of
15 tons.

15. Trucks
must
be
able
to
dump
into
a
paver
and
be
pushed
by
a
paver
without
damage
to
glad
hands,
apron
or
mud
flaps.

16. Any
trucks
with
a
potential
of
damaging
the
paver
will
be
excused
from
the
project.

3. Unfavorable
Maintenance
Conditions.

During
inclement
weather,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected.

No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a
proper
and
satisfactory
manner.

4. Warranty. All
work
performed
under
this
contract
will
carry
a
minimum thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.

5. Compensation
and
Reimbursement.

City
shall
pay
Contractor
a
fee
in
accordance
with
the
total
fees
submitted
with
the
proposal
dated
December
19,
2024,
which
is
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
13 of
21 February 4, 2025, Item #6
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.

6. Term
of
Agreement.

This
Agreement
shall
be
effective
from
the
period
commencing
March
1,
2025,
and
ending
February
28,
2027,
unless
sooner
terminated
by
City
as
provided
in
the
section
of
this
Agreement
entitled
"Termination.

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.

7. Contractor's
Insurance.

1. Coverages: Contractor
shall
obtain
and
maintain
during
the
life
of
this
Agreement
all
of
the
following
insurance
coverages:
(a)
Comprehensive
General
Liability,
including
premises-
operations,
products/completed,
broad
form
property
damage,
and
blanket
contractual
liability
with
the
following
coverages:

General
Liability
$1,000,000
Bodily
Injury
and
Property Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non-owned
vehicles:
$1,000,000
combined
single
limit.
(c)
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."
14 of
21 February 4, 2025, Item #6
(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:

8. Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses:
15 of
21 To
City:

To
Contractor:

City
of
Poway
P.O.

Box
789
Poway,
CA
92074
D
Ill
Transport
Corp.
9229
Harris
Plant
Rd.
#15
San
Diego,
CA
92145
(Remainder of
page
intentionally
left
blank)
February 4, 2025, Item #6

INCLUDES
OVERHEAD:

Service
Type
1 Operator,
1 Vehicle

ATTACHMENT
1 FEE

PROPOSAL
Mon-Fri
After
Hours
&
7:00am-5:00pm
Saturday
i
145
$
155
i
(Remainder
of
page
intentionally
left
blank)
16 of
21 Sunday
&
Holidays
165
February 4, 2025, Item #6

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
emp
loyer
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
equ
ivalent
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}
17 of
21 {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
February 4, 2025, Item #6
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:
18 of 21
(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.

February 4, 2025, Item #6
(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
ofthe
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:

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

TRUCKING AND OPERATOR 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 number 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 upon 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
20 of 21
February 4, 2025, Item #6

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."
21 of
21 February 4, 2025, Item #6
February 4, 2025, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City Council
Eric Heidemann, Director of Public Works ( ~
Michael Obermiller, Public Works Operations Manager~
(858) 668-4722 or [email protected]

CITY COUNCIL
Award of Agreement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems for Chiller Replacement; Bid No. 25-006
A request for bid (RFB) for Chiller Replacement, Bid No. 25-006, was duly advertised on November 14 and November 21, 2024. A mandatory pre-bid meeting was held on December 4, 2024, and attended by five (5) potential bidders. Three (3) bids were received and publicly opened on December 19, 2024.

Staff reviewed the bids and determined the lowest responsible bidder to be ACCO Engineered Systems Inc. dba ACCO Engineered Systems (ACCO Engineered Systems).

Recommended Action:

It is recommended City Council award the Agreement for Chiller Replacement to ACCO Engineered Systems Inc. dba ACCO Engineered Systems and authorize the City Manager to execute the necessary documents.

Discussion:

Poway City Hall building (City Hall) is currently serviced by an air-cooled McQuay AGS160CH27-ER10 chiller, located in the parking lot behind the Council Chambers building (Council Chambers). This unit provides chilled water for both City Hall and Council Chambers, which is circulated through the building's piping system to provide air conditioning to individual rooms by transferring heat away from the air. The existing chiller is 17 years old and has reached the end of its useful life, resulting in decreased operational efficiency. The chiller was originally equipped with two compressors. One failed in 2024, leaving the unit to operate with the remaining compressor. Replacing the compressor is not 1 of 12
February 4, 2025, Item #7
a feasible option due to the high cost and an extended lead time of over one (1) year. The decreased operational efficiency led to unplanned shutdowns, increased repair costs, depletion of resources, and staff discomfort. The proposed project involves removing the existing chiller and installing a new chiller to improve efficiency and reduce ongoing maintenance demands. The estimated construction timeline is seven (7) working days, with no impact on access to City Hall or the Council Chambers.

The City issued a request for bid for Chiller Replacement on November 14 and November 21, 2024. A mandatory pre-bid meeting was held on December 4, 2024, and attended by five (5) potential bidders.

Three (3) bids were received and publicly opened on December 19, 2024. After reviewing the bids, City staff determined ACCO Engineered Systems to be the lowest responsible bidder to provide chiller replacement to the City. A summary of the responsive bid results received is listed in Table 1 below.

Table 1:

Chiller Replacement Results
Company Total Bid Amount
ACCO Engineered Systems, Inc. $187,888
Retrofit Technology, Inc. $238,600
Process Group America, Inc. $296,558
The bid received by ACCO Engineered Systems was responsive and met the required bid specifications. Based on the bids received and the work required to complete the project, ACCO Engineered Systems is qualified, and the price is fair and reasonable. Staff recommends the Agreement be awarded to ACCO Engineered Systems for the removal and replacement of the air cooled McQuay AGS160CH27-ER10 chiller in the total amount of $187,888.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the relevant Capital Improvement Project account MN041 to award the Agreement as recommended. The City proactively planned for this chiller replacement project as part of the budget development process for the FY2023-24 budget, which resulted in unspent funds being rolled into the current FY2024-25 budget, with funds appropriated from the Capital Facilities Fund (6170).

Public Notification:

None.

Attachments:

A. Construction Contract
2 of12
February 4, 2025, Item #7
Reviewed/ Approved By:
v-
aserman
Assistant City Manager
3 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #7

CONSTRUCTION CONTRACT

CITY OF POWAY

CHILLER REPLACEMENT
This Contract made and entered into this 5th day of February 2025, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and ACCO Engineered Systems Inc. dba ACCO Engineered Systems., 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: Chiller Replacement.

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

5. City agrees to pay, and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated not-to-exceed sum of one hundred ninety thousand dollars and no cents ($187,888) the "Contract Price." 4of12 ATTACHMENT A
February 4, 2025, Item #7

6. Contractor shall begin work within 15 (fifteen) days after the start date indicated in the Maintenance Notice to Proceed. The Contractor shall begin any Extra Work performed under Section 12 of the Contract Specifications within five (5) days after the start date indicated in the applicable Extra Work Notice to Proceed. Should the City fail to issue a Notice to Proceed, said Notice shall be deemed given upon the date of mailing to the Contractor of the full executed Contract (in the case of maintenance work) or Change Order (in the case of Extra Work). The Contractor shall diligently prosecute the maintenance work to completion from the date of said Maintenance Work Notice to Proceed. The Contractor shall diligently prosecute the Extra Work under Section 12 to completion within the numbers of days set forth in the Extra Work Notice to Proceed. Regardless of whether the Contractor begins work on the date specified above or not, the Contract time shall begin on that date unless a written extension of time has been granted by the Project Manager pursuant to Section 6-6 of the Standard Specification.

7. In the case of Extra Work performed, 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: Five Hundred Dollars ($500) 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 him or by any subcontractors under him) less than the prevailing rate described above on the work provided for in this Contract. 5 of 12
February 4, 2025, Item #7

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
him
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.

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

13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the
contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.

14. Contractor
shall,
concurrent
with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.

Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.

Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
6 of12
February 4, 2025, Item #7
7 of12
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.
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.

February 4, 2025, Item #7
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 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, 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 8 of 12
February 4, 2025, Item #7
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.

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 9 of 12
February 4, 2025, Item #7
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 with a reasonable time after completion of the work.

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

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

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

30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 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 take, 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 10 of 12
February 4, 2025, Item #7
Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

31. This Contract is to be governed by the laws of the State of California.

32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.

City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
11 of 12
February 4, 2025, 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:

ACCO Engineered Systems Inc. dba ACCO Engineered Systems By: -------------
Signature
Print Name
Contractor information:

Address for Notices and Payments
Telephone Number: ______ _
Email: ------------

CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
ATTEST:

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

RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
12 of 12
February 4, 2025, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
February 4, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services Cf
Mary Piscitelli, Associate Planner
858-668-4657 or [email protected]

CITY COUNCIL
Tentative Parcel Map (TPM) 21-002, known as Southern Hills Pointe, a Request to Subdivide.One Vacant Parcel into Three Single Family Residential Parcels (APN 321- 200-48)
Profin Properties LLC (Applicant) is proposing to subdivide a 28.99-acre parcel into three single-family residential parcels on the north side of Poway Road. An undeveloped remnant parcel will be created south of Poway Road of which 18.82 acres will be permanently preserved through a Biological Conservation Easement (BCE). The project site is zoned Rural Residential-( (RR-() on the north side of Poway Road and Rural Residential-A (RR-A) on the south side of Poway Road.

Recommended Action:

It is recommended the City Council take public input, close the public hearing, and adopt the Resolution approving TPM 21-002 (Attachment A).

Discussion:

Background:

The California Subdivision Map Act outlines the process for subdivision of land. Generally, the first step is a quasi-judicial (or non-judicial body interpreting the Code) public hearing to consider the tentative map, referred to as a tentative parcel map when four or fewer parcels are created. This step involves evaluating a project for compliance with existing objective standards, conditions and policies.

After a public hearing and evaluation of the evidence, a written decision or Resolution is adopted based on evidence presented.

In recent years, the State legislature has enacted several new housing laws designed to encourage housing production. Government Code 65589.5 (the Housing Accountability Act) states a local agency cannot reject, reduce the permitted density or make infeasible housing without a thorough analysis of the economic, social and environmental effects of the action and without making written findings based on the preponderance of the evidence in the record that either 1) the project as proposed 1 of 33
February 4, 2025, Item #8
would
have
a
specific,
adverse
impact
on
the
public
health
or
safety
and
there
is
no
feasible
method
to
satisfactorily
mitigate
or
avoid
the
specific,
adverse
impact
without
rendering
the
development
infeasible,
or
2)
the
project
is
inconsistent
with
both
the
jurisdiction's
zoning
ordinance
and
general
plan
land
use
designation
as
it
existed
on
the
date
the
application
was
deemed
complete.

In
other
words,
if
a
residential
project
complies
with
the
project
site's
applicable
General
Plan
and
zoning
requirements,
it
cannot
be
denied
absent
a
finding
that
it
would
result
in
a
specific,
adverse
impact
on
the
public
health
or
safety
and
there
is
no
feasible
method
to
satisfactorily
mitigate
or
avoid
the
specific,
adverse
impact
without
rendering
the
development
infeasible
Project
Details
:

The
applicant
and
property
owner
is
Profin
Inc,
dba
Profin
Properties
LLC.

The
project
site
is
a 28.99-
acre
vacant
property,
located
at
the
intersection
of
Poway
Road
and
Espola
Road.

Single-family
homes
are
located
to the
north-west
and
east
of
the
site
(Attachment
B).

The
City's
zoning
ordinance
for
residential
zones
is
included
as
Section
17 .08
of
the
Poway
Municipal
Code
(PMC).

Objective
development
standards
are
established
in
this
code
for
each
residential
zone,
including
minimum
parcel
size,
lot
dimensions,
setbacks,
building
heights,
lot
coverage
and
other
criteria.

The
portion
of
the
property
proposed
for
development
is
zoned
RR-C.

The
project
meets
the
objective
standards
of
the
PMC
and
conforms
with
the
General
Plan
as
further
outlined
below:

RR-C
Development
Standard
Standard
from
Code
Proposed
Project
Complies
Minimum
Net
Lot
Area
1-acre

1.155
to

3.363
-acres
Yes
Lot
Width
110-feet
110-feet
Yes
Lot
Depth
150-feet
150-feet
Yes
Maximum
Building
Heights
35 feet,
two
stories
35 feet,
two
stories*
Yes
Maximum
Lot
Coverage
35%
35%
maximum
Yes
Front/Rear/Side
Yard
Setback
40'
I 50'
I 20'
40'
I 50'
I 20'
Yes
*
Parcel
1,
on
the
west
side
of
the
development,
will
be
limited
to
one
story
and
a
maximum
20 feet
in
height.

The
Tentative
Parcel
Map
is
included
as
Attachment
C.

The
proposed
single-family
lots
are
located
at
the
northwestern
corner
of
Poway
Road
and
Espola
Road.

The
proposed
Tentative
Parcel
Map
creates
an
unbuildable
parcel
(a
"remnant")
noted
as
Parcel
A
on
the
submitted
plans,
located
on
the
south
side
of
Poway
Road.

Parcel
A
is
currently
encumbered
with
a
San
Diego
County
Water
Authority
aqueduct
and
related
easements.

A
BCE
is
to
be
dedicated
over
the
portions
of
Parcel
A
not
currently
encumbered
by
the
aqueduct
easement.

The
BCE
grants
to
the
City
of
Poway
and
the
California
Department
of
Fish
and
Wildlife
co-management
authority,
with
Parcel
A
still
under
private
ownership.

However,
long-term
maintenance
will
be
the
responsibility
of
the
property
owners
through
a
maintenance
agreement.

The
property
is
within
the
Very
High
Fire
Hazard
Severity
Zone
(VHFHZ)
mapped
area
and
is
also
within
the
City's
Habitat
Conservation
Plan
(HCP)
Mitigation
Area
Boundary
.

The
property
is
served
by
overhead
electrical
lines,
city
water
and sewer.

The
overhead
utilities
will
be
required
to
be
located
underground
for
each
residence
that
is
developed.
2 of
33 February 4, 2025, Item #8
Access:

Access to the property is from Ipava Drive, an existing public street. A new private road from the Ipava Drive cul-de-sac is proposed to access each new parcel. No access is proposed from Poway Road or from Espola Road. The project is expected to generate 36 average daily trips (ADT). A traffic study was not prepared because the project generates less than the minimum of 1,000 ADT. In accordance with the California Office of Planning and Research Guidelines, small projects, expected to generate fewer than 200 net ADT, would also not result in significant vehicle miles traveled (VMT) impacts on the transportation system.

Biological Resources:

A biological study was prepared for this site from Everett and Associates in July 2023. The HCP requires the project to mitigate for any habitat loss onsite because it is located within the Poway Mitigation Area Boundary. The project will impact 5.49 acres of Coastal Sage Scrub ("CSS") habitat. The HCP recommends a 2:1 mitigation ratio. The applicant's proposal exceeds the required 10.98 acres of preservation area with a BCE covering 18.84 acres on Parcel A. The BCE area is bisected by the San Diego County Water Authority Easement. The project complies with the City's adopted HCP, in that the habitat take on the northerly portion of the site is mitigated by the proposed BCE over Parcel A.

Cultural Resources:

The portion of the project north of Poway Road is within the high sensitivity archaeological area. Parcel A is within the moderate-high sensitivity archaeological area. A Cultural Study was prepared in 2005 by Affinis Cultural Resource Management (now part of Helix Environmental). Cultural resources identified are within Parcel A and would not be impacted, as they are outside the proposed development footprint. As a result, the Southern Hills Pointe subdivision will have no impact to the documented archaeological resources.

Trails:

The existing cul-de-sac at Ipava Drive has a trail and equestrian easement, called the Dearborn Trail, crossing over the new private road at Parcel 1. The Dearborn Trail is shown on the City's Trail Map as Trail 25. The project will add signs and fencing in accordance with City trail standards.

A separate trail, called the Espola Trail, is located on Parcel A. It runs north through the existing San Diego County Water Authority aqueduct easement. The Espola Trail runs north through Parcel A, crosses Poway Road at the marked pedestrian crosswalk on the west side of the intersection and crosses Espola Road at Poway Road, then travels northbound on the east side of Espola Road. The Espola Trail connects to the Dearborn Trail just north of the subject property. The Espola Trail is shown on the City of Poway's Trail Map as Trail 5. The project will install additional trail signage in accordance with City trail standards.

Summary:

The Tentative Parcel Map meets all required findings of the PMC and California Government Code Section 66444-66450. It is consistent with the General Plan, PMC and compatible with development in the vicinity. The project has been designed to minimize impacts on the surrounding community and the systems that serve that community, so it would not be materially detrimental to the public health, safety or welfare.
3 of 33
February 4, 2025, Item #8
Neighborhood
Meeting:

A
neighborhood
meeting
was
held
on
December
19,
2024,
for
this
project
in
the
City
Council
Chambers.

All
property
owners
and
occupants
within
500
feet
of
the
subject
property
were
mailed
invitations
to
the
meeting.

There
were
two
people
in
attendance
in
addition
to
the
developer,
their
consultants,
and
City
staff.

The
meeting
attendees
live
south
of
Poway
Road
and
east
of
the
project
site.

They
were
relieved
to
learn
the
property
south
of
Poway
Road
would
be
preserved.

Another
resident who
could
not
attend
the
meeting
reached
out
to
City
staff
with
questions
about
the
zoning
and
acreage.

Staff
answered
their
questions.

Environmental
Review:

Pursuant
to
Section
15315,
the
proposed
project
is
Categorically
Exempt
as
a
Class
15 Categorical
Exemption
from
the
CEQA
Guidelines,
in
that
the project
proposes
a
division
of
property
in
an
urbanized
area
zoned
for
residential
use
into
four
or
fewer
parcels
when
the
division
of
land
into
fewer
than
four
parcels
within
an
urbanized
area
in
compliance
with
all
City
codes
and
standards
and
the
average
slope
of
the
development
is
less
than
20 percent.

Fiscal
Impact:

Consistent
with
prior
City
Council
direction
regarding
development
projects,
the
City
Finance
Department
conducted
a
revenue
analysis
for
this
project.

Finance
Staff
analyzed
the
potential
ongoing
revenues,
such
as
property
tax
and
sales
tax,
and
excluded
one-time
revenues,
such
as
transfer
taxes.

The
data
supporting
Staffs
analysis
came
from
a variety
of
sources.

For
example,
the
developer's
agent
provided
unit
characteristic
information
which
helped
to
support
the
property
and
sales
tax
analysis.

The
U.S.

Bureau
of
Labor
Statistics
(BLS)
Table
1203
provided
annual
expenditures
by
income
level
and
expenditure
type
which
helped
to
support
the
sales
tax
analysis.

Sales
and
Property
Tax
estimates
for
the
development
parcels
were
created
with
the
support
of
published
information
from
the
City's
sales
and
property
tax
consultant,
Hdl.

The
development
is
projected
to
contribute
approximately
$15,900.00
in
property
taxes
to
the
City
annually.

The
project
is
estimated
to
contribute
approximately
$2,000
.00
in
sales
taxes
annually
as
a
result
of
purchases
made
by
the
project's
new
residents,
based
on
average
assumptions
applied
by
Hdl.

Based
on
staff
analysis,
this
project
could
contribute
approximately
$17,900.00
in
new
revenue
annually
for
the
City.

Public
Notification:

A
Notice
of
Public
Hearing
was
published
in
the
Poway
News-Chieftain
on
Thursday,January
23,
2025.

A
Notice
of
Public
Hearing
was
mailed
to
property
owners
and
occupants
within
500
feet
of
the
subject
property
on
Thursday,
January
23,
2025.

This
perimeter
exceeds
noticing
requirements
of
the
California
Government
Code
which
requires
noticing
of
property
owners
within
300
feet
of
the
subject
property. 4
of
33 February 4, 2025, Item #8
Attachments:

A. Resolution approving TPM 21-002
B. Zoning and Location Map
C. Tentative Parcel Map plan documents
Reviewed/Approved By:

Wendy-Jdaserman
Assistant City Manager
5 of33
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #8
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
(TPM) 21-002, KNOWN AS SOUTHERN HILLS POINTE, A

REQUEST TO SUBDIVIDE ONE VACANT PARCEL INTO THREE

SINGLE-FAMILY RESIDENTIAL LOTS, ASSESSOR'S PARCEL
NUMBER 321-200-48
WHEREAS, Tentative Parcel Map (TPM) 86-01 (PM 15531), was approved and recorded (Document # 89-36661) which subdivided the Ipava Drive subdivision lots and included the subject property as Parcel 2 and containing an Improvements Certificate and a Covenant of Improvement Requirements (Document 89-020695, January 13, 1989); WHEREAS, TPM 01-008 was submitted by the property owner FAMSE and received on December 11, 2001 for a 3-lot subdivision with a similar development footprint to the current submittal. This TPM submittal was not completed;
WHEREAS, TPM 05-003 was submitted by the property owner FAMSE and received on August 8, 2005, for a 3-lot subdivision with a similar development footprint to TPM01-008 and to the current submittal. This TPM submittal also was not completed; WHEREAS, Boundary Adjustment (BA) 06-01 was approved for Accessor's Parcel Numbers (APNs) to move the properly line at the northeast corner of APN 321-200-46 where it adjoined to APN 321-271-05, to the northeast corner of Poway Road and Espola Road, thereby integrating APN 321-200-46 with APN 321-271-05; thus creating the subject property with its current parcel boundaries with the new APN 321-200-48;
WHEREAS, on February 4, 2025, the City Council considered a request from Profin, Inc., (Applicant), for approval of TPM 21-002, to allow the subdivision of one existing vacant parcel (32.33 acres) into three single-family residential lots (Parcel 1: 1.33 acres, Parcel 2: 3.526 acres, and Parcel 3: 2.344 acres), Parcel A: 18.816 acres for a Biological Conservation Easement (BCE) and 0.50 acres for an Open Space Easement (OSE), zoned Rural Residential-C (RR-C) (subdivision parcels) and Rural Residential-A (RR-A) (BCE parcel) APN 321-200-48; WHEREAS, on February 4, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to the Project; WHEREAS, on February 4, 2025, the City Council reviewed and considered the agenda report for the proposed Project, including the attachments to the report, and has considered other evidence presented at the public hearing; and
WHEREAS, the plans and documents for the Project are available on file in the Development Services Department.

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

SECTION 1: The above recitals are true and correct.

SECTION 2: Environmental Finding: Pursuant to Section 15315, the proposed project is 6 of 33 ATTACHMENT A
February 4, 2025, Item #8
Resolution No. 25-

Page 2 ends

Categorically Exempt as a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA) Guidelines, in that the project proposes a division of property in an urbanized area zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the development parcel does not have an average slope greater than 20 percent.

SECTION 3: The findings in accordance with Chapter 16.20 of the Poway Municipal Code (PMC) for TPM 21-002 are made as follows:

A. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

B. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to accommodate the proposed density and is compatible and in character with development in the vicinity.

C. The design of the TPM is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the proposed Project will be developed in accordance with City and other governmental agency requirements and mitigation measures will be incorporated.

D. The design of the subdivision is not likely to cause serious public health problems in that City water services is available to the site.

E. The design of the lot division will not conflict with easements, acquired by the public at large, for access, or use of, property within the proposed subdivision. Existing or new easements will not have any obstructions or impacts from this subdivision.

F. The Project has been designed to be compatible and in scale with the existing surrounding residential development. Therefore, the proposed use respects the interdependence of land values and aesthetics to the benefit of the City. The Project is compatible in design, consistent with the surrounding residential development.

G. The Project has been designed to minimize impacts on surrounding development in that the proposed design, size, and scale of the project is compatible with and will not adversely affect, or be materially detrimental to, adjacent land uses, residences, buildings, structures, or natural resources.

H. The granting of the TPM would not be materially detrimental to the public health, safety, or welfare since the project has been designed to minimize impacts on the surrounding community and the systems that serve that community.

I. Therefore, the proposed development respects the public concerns for the aesthetics, design, health, and safety of development, and will not have any unmitigated impacts.

SECTION 4: The findings in accordance with California Government Code (CGC) Title

7. Division 2. Chapter 2. Article 3. Parcel Maps (Section 66444-66450) forTPM 21-002 are made as follows:
7 of 33
February 4, 2025, Item #8
Resolution No. 25-

Page 3 ends

A. The proposed subdivision map is consistent with the objectives, policies, general land uses and programs of the Subdivision Map Act (SMA) in that it proposes to create three residential lots at a density that is consistent with the Poway General Plan designations and PMC standards.

8. The design of the proposed subdivision is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC.

C. The site is physically suitable for the type of development in that the site is large enough to provide three lots meeting size standards.

SECTION 5: The findings in accordance with PMC Chapter 8 Health and Safety for TPM 21-002 are as follows:

A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project.

8. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety and welfare as identified below:
a. Sewer line or septic availability
b. Street improvements, including private streets and driveways c. Storm water drainage contained onsite
d. Landscaping and protection of existing habitats
C. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which as assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City.

SECTION 6: Pursuant to Government Code Section 66020, the design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary services and facilities will be available to serve this project.

SECTION 7: The City Council hereby approves TPM 21-002 as shown on the approved plans, on file with the Development Services Department and 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 reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the of the City's approval of this Project including, but not limited to, any action to attack, set aside, void, challenge, or annul the TPM approved by this Resolution (TPM 21-002), or any other project development approval, implementing approvals or permits, and any environmental document or decision made pursuant to CEQA. The City may elect to conduct its own 8 of 33
February 4, 2025, Item #8
Resolution No. 25-

Page 4 ends

defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, Applicant shall pay all costs related thereto, including without limitation reasonable attorney' s fees and costs.

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

However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by Applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City.

B. Approval of this TPM request shall apply only to the subject project and shall not waive compliance with all sections of the General Plan and PMC in effect at the same time of Building Permit Issuance.

C. Within 30 days of the date of this approval, and before the issuance of any permit:

1. The Applicant shall submit in writing that all conditions of approval have been read and understood (Statement of Understanding [SOU]).

2. The Property Owner shall execute a Covenant Regarding Real Property regarding Landscaping and its required maintenance, including the required Fire Fuel Management Zones. In order for the City to prepare the Covenant, the Applicant must first submit a plat, legal description of the project site as subdivided, and the traverse calculations.

D. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these Conditions of Approval contained herein as determined by the Director of Development Services.

E. The conditions for the project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner who is represented on the stamped approved plans on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans.

F. Securities May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the Applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance.

G. Provision of Required Improvements. Whenever a TPM approval is granted or modified subject to the condition that specified improvements be provided by the Applicant, such improvements shall be installed by the Applicant and approved and accepted by the cognizant City authority, the Applicant shall execute an agreement with the cognizant City 9 of 33
February 4, 2025, Item #8
Resolution
No.
25-
Page
5 authority
pursuant
to
local
ordinance
to
make
such
improvements
prior
to
the
time
or
events
specified
in
the
TPM
approval.

Condition
Declared
Void.

Whenever
there
becomes
final
any
judgement
of
a
court
of
competent
jurisdiction
declaring
one
or
more
of
the
conditions
of
a
TPM
approval
to
be
void
or
ineffective,
or
enjoining
or otherwise
prohibiting
the
enforcement
or
operation
of
one
or
more
of
such
conditions,
said
TPM
approval
shall
cease
to
be
valid
and
all
rights
or
privileges
granted
thereby
shall
lapse,
as
provided
by
PMC
17 .52.110.

Violation
of
Condition.

Whenever
a
TPM
is
approved
or
modified
by
the
approving
authority
subject
to
a
condition
or
conditions,
such
TPM
approval
in
violation
of
or
without
observance
of
any
such
conditions
shall
constitute
a violation
of
the
zoning
ordinance
and
said
TPM
approval
may
be
revoked
or
modified
as
provided
in
PMC

17.52.100
(Ord.
113
§§
1 (Ex
. A
10 .3.9),
2,
1983;
Ord.
44 § 3
(Ex.

A),
1981).

The
developer
is
required
to
comply
with
the
Poway
Noise
Ordinance
(PMC
Chapter

8.08)
requirement
which
governs
construction
activity
and
noise
levels
.

TPM
21-002
may
be
subject
to
annual
review,
as
determined
by
the
Director
of
Development
Services,
for
compliance
with
the
conditions
of
approval
and
to
address
unresolved
concerns
that
may
have
been
raised
during
the
prior
year
.

This
approval
is
based
on
the
existing
site
conditions
and
proposed
project
details
as
represented
on
the
stamped
approved
plans
on
file
in
the
Development
Services
Department.

Any
substantial
changes
to
the
approved
plans
must
be
approved
by
the
Director
of
Development
Services
and
may
require
approval
of
the
City
Council
if
the
Director
of
Development
Services
finds
that
the
proposed
changes
do
not
substantially
conform
to
approved
plans.

The
applicant
shall
comply
with
the
PMC,
the
latest
adopted
construction
related
codes
and
all
other
applicable
codes
and
ordinances
at
the
time
of
Building
Permit
issuance.

Uses
at
the
site
shall
be
limited
to
those
identified
for
the
site's
applicable
land
use
designation
as
identified
and
defined
in
the
City's
PMC.

0. Prior
to
approval
of
the
final
parcel
map
:
(Engineering
Division)
10 of
33 1.

Within
thirty
(30)
days
after
tentative
parcel
map
approval,
the
applicant
shall
submit
in
writing
to
the
City's
Planning
Division
that
all
conditions
of
approval
have
been
read
and
understood.

2. This
approval
is
based
on
the
existing
site
conditions
represented
on
the
approved
tentative
map.

If
actual
conditions
vary
from
representations,
the
approved
tentative
map
must
be
changed
to
reflect
the
actual
conditions.

Any
substantial
changes
to
the
tentative
map
must
be
approved
by
the
Director
of
Development
Services.

3. The
final
parcel
map,
together
with
the
supporting
data
and
documentation,
shall
be
submitted
to
the
Engineering
Division
for
review
and
approval.

The
appropriate
map
February 4, 2025, Item #8
11 of
33 checking
fee
shall
be
paid
by
the
applicant.

Resolution
No.
25-
Page
6 4.

The
final
map
shall
conform
to
City
standards
and
procedures,
the
City
Subdivision
Ordinance,
the
latest
edition
of
the
Subdivision
Map
Act,
and
the
Land
Surveyors'
Act,
and
all
other
applicable
laws,
regulations
and
ordinances.

5. Any
existing
and
proposed
public
easements
shall
be
depicted
on
the
Final
Map
and
grading
plans.

Easements
shall
include
at
a
minimum
(but
are
not
limited
to):
a.

A
new
40-foot
public
water
easement
and
irrevocable
offer
of
dedication
along
the
proposed
new
private
road
shall
be
dedicated
to
the
City
on
the
Final
Map.
b.

Private
utility
service
and
access
easements.
c.

Easements for
private
stormwater
drainage
and
maintenance
access
across
lots.
d.
15-foot
wide
Pedestrian/Equestrian
access
easements
for
both
Dearborn
Trail
and
Espola
Trail.

6. Improvement
plans
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer,
in
accordance
with
the
submittal
and
content
requirements
listed
in
the
PMC
shall
be
approved.

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
improvement
design
shall
be
100%
complete
at
the
time
of
submittal
and
ready
for
approval.

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

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

Public
water
improvements
including
fire
hydrant
and
related
appurtenances
connecting
all
units
to
the
public
water
main
along
the
new
street.
b.

Undergrounding
of
the
existing
overhead
electrical
poles
and
lines
located
along
the
southerly
property
boundary
and
fronting
Poway
Road.
c.

Installation
of
signage
and
improvements
to
facilitate
pedestrian
crossing
at
the
intersection
of
Poway
Rd
and
Espola
Rd.

7. The
project
requirements
for
fire
protection
specify
the
installation
of
fire
hydrants
and
expansion
of
the
public
water
system
necessary
to
support
the
installation
of
the
hydrant.

A
Water
System
Analysis
is
required
for
final
design
of
the
proposed
public
water
system
expansion.

The
Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
submittal
of
improvement
plans.

8. The
public
improvement
plan
shall
be
approved.

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

The
applicant
will
be
responsible
for
posting
securities
for
monumentation
and
public
improvements
.

9. City
utility
undergrounding
requirements
:
a.

The
existing
overhead
electrical
and
communication
poles
and
lines
located
along
February 4, 2025, Item #8
12 of
33 Resolution
No.
25-
Page
7 the
southerly
property
boundary
and
fronting
Poway
Road
must
be
shown
to
be
undergrounded
on
the
improvement
plans
. The
improvements
will
take
place
both
onsite
and
offsite
of
the
property
.
b.

A
pre-design
meeting
with
the
utility
company
is
required
. The
meet
ing
must
be
initiated
by
the
applicant.

It is
recommended
that
this
meeting
be
scheduled
shortly
after
approval
to
avoid
delays
.
c.

If
any
additional
easements
are
required
to
be
dedicated
to
the
utility
company,
they
shall
be
shown
on
the
final
map
.
d.

The
applicant
must
include
a
note
on
the
building
and
grading
plans
stating
, "the
existing
overhead
electrical
poles
and
lines
located
along
the
southerly
property
boundary
and
fronting
Poway
Road
to
be
undergrounded
per
the
improvement
plan
IMP
24-XXXX."

10. The
property
owner
shall
enter
into
a
Private
Facilities
Maintenance
Agreement
for
ongoing
maintenance
of
the
private
facilities
within
the
subdivision
, including
but
not
limited
to
the
private
road,
private
utilities,
trail,
and
Parcel
A.

The
agreement
shall
define
responsibilities
for
maintenance,
property
taxes,
and
other
associated
obligations
and
shall
establish
a financial
mechanism
for
sharing
of
costs
and
securing
long-term
maintenance.

The
form
and
content
of
the
agreement
shall
be
to
the
satisfaction
of
the
City
Attorney
and
City
Engineer.

11. The
applicant
shall
include
provisions
in
their
design
contract
with
their
design
consultants
that
,
following
acceptance
by
the
City,
all
construction
drawings
or
technical
reports
accepted
by
the
City
(exclusive
of
architectural
building
plans)
shall
become
the
property
of
the
City.

Once
accepted
, these
plans
may
be
freely
used,
copied
or
distributed
by
the
City
to
the
public
or
other
agencies
as
the
City
may
deem
appropriate
. An
acknowledgement
of
this
requirement
from
the
design
consultant
shall
be
included
on
all
construction
drawings
at
the
time
of
plan
submittal.

12. A
cash
deposit
to
the
City,
in
an
amount
equivalent
to
$100.00
per
sheet
of
the
parcel
map
, for
the
mylar
reproduction
of
the
recorded
tract
map
shall
be
posted.

If
a
mylar
copy
of
the
map
is
provided
to
the
City
within
three
(3)
months
of
its
recordation
or
prior
to
building
permit
issuance,
whichever
comes
first,
the
security
shall
then
be
returned
. (See
PMC
Section
16 .12
.060
8 for
subdivider's
responsibility
to
provide
a
reproducible
mylar
copy
to
the
City)
.
13 . Within
thirty
(30)
days
after
City
Council
approval
of
the
final
map
, the
subdivider
shall
pay
the
City
the
sewer
connection
fee
.

14. The
Applicant
shall
pay
the
drainage
impact
development
fee
in
effect
at
the
time
of
subdivision.

15. After
subdivision,
all
parcels
will
continue
to
be
considered
one
project
as
defined
by
the
San
Diego
Regional
Water
Quality
Control
Board
. Any
future
improvements
(on
either
parcel)
adding
and/or
replacing
impervious
area
may
cause
the
project
to
be
classified
as
a Priority
Development
Project
as
defined
in
the
Poway
BMP
Design
Manual.

February 4, 2025, Item #8
Resolution
No
. 25-
Page
8 (Planning)
16 . Development
on
the
site
must
comply
with
the
Poway
Noise
Ordinance,
Chapter

8.08 PMC.
construction
work
specifically
regulated
by
PMC

8.08.100
.
17 . Prior
to
issuance
of
the
Final
Parcel
Map,
an
interior
noise
analysis
compliant
with
the
California
Code
of
Regulations
Title
24 Noise
Insulation
Standards
is
required
due
to
the
project's
proximity
to
Poway
Road
and
Espola
Road
. The
acoustic
analysis
shall
demonstrate
that
the
architectural
and
site
design
of
the
residences
limits
interior
noise
at
or
below
current
dbA CNEL
standards
or
less
.
a.

Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
completion
of
Final
Parcel
Map.
b.

If
building
fac;ade
areas
exceed
CCR
Title
24 noise
abatement
thresholds
of
60 dbA
CNEL
for
second
story
levels,
interior
noise
mitigation
(e
.g., specialized
door
and
window
types
or
treatments)
shall
be
required
for
second
stories
on
the
residences
in
this
development.
c.

Parcel
1 development
shall
not
exceed
1 story,
to
mitigate
noise
levels
for
neighboring
properties.
d.

The
noise
analysis
may
recommend
a
noise
wall
along
Poway
Road
. If
this
is
a
recommendation
, it
shall
be
treated
as
a
requirement
of
this
TPM
approval
and
a
noise
wall
shall
be
constructed.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
submit grading
plans
consistent
with
the
approved
project
plans
on
file
in
the
Development
Services
Planning
Division.

Compliance
with
the
following
conditions
is
required
prior
to
issuance
of
the
Grading
Permit:
(Engineering
Division)
13 of
33 1.

Submit
a
precise
grading
plan
for
the
development
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer.

The
plans
shall
use
vertical
datum
NAVD88
. Please
be
aware
that
all
elevations
in
the
Poway
Benchmark
list
are
datum
NGVD
29 and
will
need
to
be
converted
. Submittals
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
grading
design
shall
be
100
percent
complete
at
the
time
of
submittal
,
ready
for
approval
and
issuance
of
permit.

Incomplete
submittals
will
not
be
accepted.

All
technical
studies
as
required
by
Chapter
16 of
the
PMC
shall
be
submitted.

The
applicant
shall
pay
the
grading
permit
and
plan
check
fee
according
to
the
latest
adopted
master
fee
schedule
.

2. Per
PMC
16 .50
.010,
the
soils
report
must
include
calculations
that
show
that
the
steeper
slope
has
a
factor
of
safety
of
greater
than
one
and
one-half,
both
in
mass
stability
and
surficial
stability.

Special
designs
to
mitigate
minor
surficial
instability
may
be
considered
for
approval
by
the
City
Engineer.

This
specifically
applies
(but
is
not
February 4, 2025, Item #8
14 of
33 Resolution
No
. 25-
Page
9 limited
to)
the
northern
portions
of
Parcel
1 and
2,
and
along
the
west
boundary
of
Parcel

3. 3.

A
drainage
study
addressing
the
impacts
of
the
100-year
storm
event
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved
. The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer
.

4. Water
Quality
Control
-
Design
and
Construction
:

The
Project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
Project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City
and
State
requirements
. Two
copies
of
a
final
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved.

5. Once
the
final
SWQMP
is
approved;
a.

Provide
a
signed
PDF
version
of
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
PMC.
b.

The
property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
(SWFMA)
accepting
responsibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
operation
and
maintenance
requirements
shall
be
binding
on
the
land
throughout
the
life
of
the
project
as
outlined
in
section

16.104
of
the
PMC
. The
SWFMA
shall
be
recorded
on
all
properties
tributary
to
and
responsible
for
maintaining
the
BMPs
.

6. Water
Quality
Control
-
Construction
Storm
Water
Management
Compliance
Proof
of
coverage
under
the
General
Permit
for
Discharges
of
Storm
Water
Associated
with
Construction
Activity
(Construction
General
Permit,
2009-0009-DWQ,
as
amended
by
order
2010-0014)
shall
be
provided
to
the
City
along
with
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(SWPPP).

7. Private
sewer
lift
stations
shall
have
odor
control
systems
installed
to
mitigate
odors.

8. Grading
securities
shall
be
posted
with
the
City
prior
to
grading
plan
approval
per
Chapter

16.46 of
the
PMC.

A
minimum
cash
security
of
$2,000
.00
is
required
in
all
instances
.

9. The
Applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule
.
10 . Any
private
improvements
within
any
publicly
held
easement
or
right-of-way
may
require
an
encroachment
agreement
as
determined
necessary
by
the
City
Engineer.

All
necessary
encroachment
agreements
shall
be
approved
and
executed
prior
to
grading
permit
issuance.

This
requirement
applies
to
the
proposed
private
sewer
laterals
to
the
parcels
.

February 4, 2025, Item #8
Resolution
No.
25-
Page
10 11.

Following
approval
of
the
grading
plans,
posting
of
securities
and
fees,
and
receipt
of
three
copies
of
the
approved
plans,
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
found
at
https://poway.org/DocumentCenterNiew/10254/Preconstruction-Meeting-RequestFillable?bidld= along
with
three
copies
of
the
approved
grading
plans
. 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.
12 . Prior
to
start
of
any
work
within
a
City-held
easement
or
Right-of-Way
(ROW),
a
ROW
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

13. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading.

At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon.

As
applicable,
provide
two
copies
of
a written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans.
(Public
Works
Department,
Drainage
Division)

1. All
stormwater
related
assets
will
be
private
and
the
responsibility
of
property
owners
for
maintenance
and
repairs.
(Planning
Division)
15 of
33 1.

The
Applicant
shall
submit
landscape
and
irrigation
plans
after
the
grading
plan
is
approved
but
prior
to
building
permit
issuance.

Landscape
plans
must
conform
to
the
standards
provided
in
the
PMC

17.41 Landscape
and
Irrigation
Efficiency,
PMC

12.32 Urban
Forestry,
and
the
Poway
Landscape
and
Irrigation
Design
Manual,
and
other
regulations
as
required.
a.

The
landscape
and
irrigation
plan
submittal
is
a
separate
submittal
from
other
project
plan
check
submittals
and
is
made
directly
to
the
Planning
Division
. Contact
the
Planning
Division
for
copies
of
applicable
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
worksheet.

Landscape
and
irrigation
plan
review
fees
are
required
and
are
the
responsibility
of
the
Applicant.

2. The
grading
and
improvement
plans
shall
show
any
existing
trees
on
the
project
site.

The
Tree
Removal
Permit
will
be
required
to
be
updated
and
concurrent
with
the
Landscape
Plans.

Tree
removal
of
both
public
and
private
trees
, as
needed
shall
conform
to
PMC
Chapter

12.32 (Urban
Forestry).

3. A
Tree
Removal
Permit
shall
be
obtained
prior
to
the
removal
of
all
existing
trees
. If
the
trees
are
proposed
to
be
removed
during
the
recognized
nesting
season
for
birds
(February
15 and
August
15),
a
nesting
bird
survey
shall
be
conducted
by
a
qualified
February 4, 2025, Item #8
16 of
33 Resolution
No
. 25-
Page
11 biologist
and
report
the
findings
in
writing
to
the
City.

Between
February
15 and
August
15,
removal
of
trees
containing
nests
shall
be
delayed
until
such
time
as
the
nest(s)
have
been
abandoned
unless
the
removal
can
be
completed
in
accordance
with
California
State
codes
and
the
Federal
Migratory
Bird
Treaty
Act
of 1918.

4. Biological
Notes
-These
notes
shall
be
included
in
the notes
pages
on
the
Grading
Plan
:
a. To
avoid
potential
impacts
to
the
California
Gnatcatcher
and
Coastal
Sage
Scrub
(CSS),
in
accordance
with
Condition
H
of
the
HCP
Incidental
Take
Permit,
a
take
of
active
California
Gnatcatcher
nests,
raptor,
and
other
migratory
bird
nests,
which
includes
harassment
of
the
bird
due
to
grading
noise
and
vibrations
from
February
15 through
July
1,
(Migratory
Bird
Treaty
Act
specifies
the
migratory
season
to
be
March
1 -
August
31)
is
not
permitted.

Because
proposed
development
will
be
within
500
feet
of
CSS
habitat
, the
habitat
of
the
California
Gnatcatcher,
grading
activities
during
this
time
frame
will
only
be
permitted
subject
to
the
following
conditions
having
been
met
to
the
satisfaction
of
the
Director
of
Development
Services
.
b.

The
applicant
is
hereby
advised
that,
during
grading,
if active
nests
are
found
within
500
feet
of
the
grading,
the
grading
activity
shall
be
stopped
until
such
time
as
mitigation
measures,
to
the
satisfaction
of
the
City
and
the
California
Department
of
Fish
and
Wildlife
(CDFW,)
are
implemented
. There
is
no
guarantee
that
grading
will
be
allowed
to
resume
during
nesting
season.
c.

Before
issuance
of
a
Clearing/Grading
Permit,
if
grading
or
clearing
is
to
occur
between
February
15 and
July
1,
the
applicant
shall
provide
to
the
Planning
Division
a
letter
from
a
qualified
biologist
retained
by
the
applicant,
with
a
scope
of
work
for
a
CSS
habitat
and
Gnatcatcher
Protocol
Survey,
including
a
report
for
the
area
to
be
cleared
and/or
graded
and
CSS
hab
itat
areas
within
500
feet
of
such
area.

The
biologist
shall
contact
the
CDFWto
determine
the
appropriate
survey
methodology
.

The
purpose
of
the
survey
is
to
determine
if
any
active
gnatcatcher
nests
are
located
in
the
area
to
be
cleared
or
graded,
or
in
CSS
habitat
within
500
feet
of
such
area.

To
be
considered
qualified,
the
biologist
must
provide
the
City
with
a
copy
of
a
valid
Gnatcatcher
Recovery
Permit
from
the
CDFW.
d.

The
scope
of
work
shall
explain
the
survey
methodology
for
the
biological
survey
and
the
proposed
gnatcatcher
nest
monitoring
activities
during
the
clearing/grading
operation.

Should
the
report
show,
to
the
satisfaction
of
the
Director
of
Development
Services,
that
gnatcatcher
nests
are
not
present
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
approval
may
be
granted
to
commence
clearing/grading
within
the
gnatcatcher
nesting
season
from
February
15 through
July

1. e. If
gnatcatchers
are
nesting
within
the
area
to
be
graded/cleared,
or
within
CSS
habitat
located
within
500
feet
of
said
area,
no
grading
will
be
allowed
during
this
time
.
f.

The
biologist
must
attend
the
City's
pre
-construction
meeting
for
the
project
and
must
be
present
onsite
during
all
clearing/grading
activities
to
monitor
that
the
clearing/grading
activities
stay
within
the
designated
limits.

During
this
period,
the
February 4, 2025, Item #8
17 of 33
Resolution No. 25-

Page 12 ends

biologist shall also monitor and survey the habitat on a daily basis, within the area to be cleared/graded and any habitat within 500 feet of said area for any evidence that a gnatcatcher, raptor, or migratory nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a gnatcatcher nest(s) be discovered, the grading operation shall cease in that area and be directed away from the gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s).
g. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a biological monitoring report summarizing the daily observations of the biologist, including whether any gnatcatchers or evidence of active gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area.

5. Cultural Resources: These notes shall be included in the notes pages on the Grading Plans:
a. Prior to issuance of a grading permit, the applicant shall provide written verification that a qualified archaeologist and a Tribal Monitor from San Pasqual or other selected Monitor, has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist and the Tribes to the City.
b. The qualified archaeologist shall attend the pre-construction meeting with the contractors and City staff to explain and coordinate the requirements of the monitoring program.
c. The consulting archaeologist shall direct the field monitor during grading of all areas identified for development.
d. Native American monitoring will be required during grading, unless the certified archaeologist determines that the potential for cultural resources has been exhausted. The Native American monitors will be directed by the project archaeologist.
e. During the original cutting of previously undisturbed deposits, the archaeological monitor and Native American representative shall be on site, as determined by the consulting archaeologist, to perform inspections of the excavations. Full-or part time inspections may be needed depending upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. f. Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed.
g. In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the City at the time of discovery. The archaeologist, in consultation with the City, shall determine the significance of the discovered resources. The City must concur with February 4, 2025, Item #8
Resolution No. 25-

Page 13 ends

the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered and will be destroyed by grading, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City before being carried out using professional archaeological methods. If any human remains are discovered, all grading at that location must stop and the county coroner and City shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains. h. Before construction activities are allowed to resume in the location of any discovered significant cultural deposits, the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis.
i. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards.

The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation.
j. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeological Site Forms.

Q. Prior to the issuance of a Building Permit, the applicant shall submit construction plans consistent with the approved TPM plans on file in the Development Services Planning Division. Compliance with the following conditions is required prior to issuance of any Building Permit:
(Engineering Division)
18 of 33

1. The Final Parcel Map shall be approved.

2. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City.

3. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life.

4. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit electronically the following:

February 4, 2025, Item #8
Resolution No. 25-

Page 14 ends

a. Certification of line and grade for the lot, prepared by the engineer of work. b. Soil compaction report for the lot, prepared by the project's geotechnical engineer. c. The certification and report are subject to review and approval by the City.

5. The Applicant shall pay all applicable development impact fees according to the latest adopted master fee schedule at the time of permit issuance. (Building Division)

1. The development shall comply with the current edition of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code, California Energy Code, and California Green Code at the time of submittal to the Building Division. All developments shall comply with state structural calculations and seismic safety requirements. (Planning Division)

1. 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.

2. An Affordable Housing In-Lieu Fee shall be paid to the Planning Division for the residence (and ADU, if applicable) at the rate established at the time of Building Permit Issuance.
(Fire Department)
19 of 33

1. This parcel is located within the Very High Fire Hazard Severity Area of the City and is new construction; therefore, all new construction shall comply with the California Building Code Chapter 7 A and Poway Municipal Code 15.24.

2. All new structures shall be constructed of Ignition Resistant Class I construction as described in the California Building Code Chapter 7 A.

3. Roadway access, water supply system, and vegetation fuel modification of common roadway access areas shall be completed before a building permit is issued for any parcel within the phase.

4. An approved water supply capable of supplying the required fire flow of 1500GPM for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings will be constructed. A new water main and fire hydrant shall be located within 600-feet of the structure following an approved route. A water analysis shall be performed to establish the adequacy of the existing water main and all necessary system design to serve the project. Costs of the water analysis shall be the responsibility of the applicant.

February 4, 2025, Item #8
20 of 33
Resolution No. 25-

Page 15 ends

5. The approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on site.

6. All new residential structures shall be equipped with a residential fire sprinkler system with a one-inch water meter. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed.

If a pressure pump is required for fire sprinkler operation, auxiliary power is required.

7. Fire apparatus access roads shall have an unobstructed, improved width of not less than 20 feet, except single-family residential driveways serving no more than two improved parcels containing dwelling units shall have a minimum of 16 feet of unobstructed improved width. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. A paved driving surface shall mean asphalt, concrete, or permeable paving system. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official.

8. The gradient for a fire apparatus access roadway shall not exceed 20 percent. Grades exceeding 15 percent (incline or decline) shall be constructed of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel, or equivalent, to enhance traction. Grades exceeding 10 percent shall be constructed of asphalt or PCC. Permeable paver systems shall not be used for grades exceeding 10 percent. The fire code official may require additional mitigation measures where he or she deems appropriate.

9. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official.

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

11. Fire apparatus access roads (driveways) shall extend to within a 150-foot Hose Pull of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the building.

February 4, 2025, Item #8
21 of 33
Resolution No. 25-

Page 16 ends

12. The approved fire apparatus access (driveway) for fire protection, either temporary or permanent shall be made available as soon as combustible material arrives on site.

13. Approved numbers and/or addresses shall be placed on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Number shall contrast with their background and shall meet City of Poway standards. The address is required at the private driveway entrance.

14. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement.

15. All new buildings and structures located within a wildland-urban interface fire area shall be setback a minimum of 30-feet from property lines and biological open space easements unless the Poway Municipal Code requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.

16. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.

Structural setbacks shall be shown on the site plan. Show scaled cross section profiles denoting the top of the slope, building/roof projections, and the setback distance at multiple locations on the plan submittal.

17. All new structures within this 3 lot sub-division shall each comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and Poway Municipal Code

15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40-feet of Zone A and 60-feet of Zone B, is required.

Mitigation is required where 100-feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of the driveway and fire access roadway fronting the property when not already within a fuel modification zone. a. Mitigation is required where 100-feet offuel management cannot be achieved within parcel boundaries. Applicant shall contact the Fire Marshal at (858)668-4471 to review mitigation options.
b. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. There is a separate fee for this plan check and inspection services.

The applicant shall submit and receive signed approval of landscape and irrigation February 4, 2025, Item #8
Resolution No. 25-

Page 17 ends

plans prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a certificate of occupancy.

18. The determination of vegetation fuel management zones for individual parcels shall be performed during the MORA process for each parcel.

19. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved.

20. All new residential structures shall be equipped with smoke alarms and shall be installed in all residential bedrooms and adjoining hallways. They shall be hard-wired, with a battery backup, and interconnected.

21. All new residential structures shall be equipped with carbon monoxide alarms and shall be installed in residential hallways adjoining bedrooms, and on each separate floor.

The carbon monoxide alarms shall be hard-wired, with a battery backup, and interconnected.

22. All new structures equipped with chimneys used in conjunction with any fireplace shall be equipped with an approved spark arrester.

23. All new structures where liquefied propane gas is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method of securing the tank to the ground, on each MORA, landscape, and building plan sets.

R. Prior to the issuance of a Certificate of Occupancy, the applicant shall comply with the following:
(Engineering Division)
22 of 33

1. Existing overhead electrical and communication poles and lines must be undergrounded.

2. Public and private improvements shall be installed and completed.

3. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted.

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

5. The stormwater facilities shall be complete and operational prior to occupancy.

February 4, 2025, Item #8
Resolution No. 25-

Page 18 ends

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

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

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

9. After completion of all work, record drawings for both the grading and improvement plans, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per Section 16.52.130B of the Grading Ordinance. Approval of all record drawings is required prior to issuance of occupancy and release of grading and improvement securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. (Planning)
23 of 33

1. A deed restriction (covenant) shall be recorded with the County Recorder, prior to Certificate of Occupancy issuance, agreeing to maintain the Fire Fuel Modification Zones per the approved Landscaping Plan will be required.

2. A deed restriction (covenant) shall be recorded with the County Recorder prior to Certificate of Occupancy issuance, stating that the rental term of any ADU or the main residence shall be longer than 30 days and that any non-habitable structures will not be converted to habitable structures.

3. The building plans shall include elevations and cross-sections that show all roof mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view of adjacent properties, Poway Road, and Espola Road, to the satisfaction of the Director of Development Services.

4. Exterior building materials and finishes shall be noted on the building plans, to the satisfaction of the Director of Development Services. All architectural details shall be shown on the building plan check submittal.

5. The landscape plans shall be approved and installed prior to final Certificate of Occupancy.

6. All landscape areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Trees shall be encouraged and allowed to retain a natural form. Pruning is restricted to maintaining the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping or lopping, is prohibited.

7. The site shall be cleared of all construction materials, supplies, and equipment. Final inspections, including Planning inspection, is required prior to any Certificate of Occupancy.

February 4, 2025, Item #8
Resolution No. 25-

Page 19 ends

SECTION 8: The current project approval of TPM 21-002 shall expire on February 4, 2027, at 5:00 p.m., unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced on the property; unless a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council prior to the expiration.

SECTION 9: The parties are hereby informed that the time within which judicial review of this extension must be sought is governed by Section 1094.6 of the Calfiornia Code of Civil Procedure.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
24 of 33
February 4, 2025, Item #8
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26 of 33
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GRAPHIC SCALE
d.J
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1 ineh .. 80 fl H.
'j
TOTAL GROSS.ACREAGE NE.TACRE.AGE}{A)(I) ,1VF. SLOPE ROADGR.ADING(B) .W.U.AU.OWABtE PARCEL f f.ll AC UI AC If.is,," T8D .l.1;000 SO FT.

PAACEl 2 J.SJ AC 2.# AC 16..41" T8D 14,g,(f SO FT.

PARCEi.. 20PENSPACt: O.SOAC N-'I ~
PARCEL .J 2.:U AC 2.30 AC lll.07" mo
PARCEi.. A 21.19 AC 11.UM:(-ESMTS) NA NA
Sl,14',!0 FT.
(I) THE NET ACREACE ISTHE GROSS AREA l,,IIMJS ROA.DEASE.MENTSAHD45"5'0PES. (2} THEGRADEDARE.AOOESNOTINCI.I.IOETHEPRJVATEROA.DORITSASSOC~TEOGR.ADINO .

PROPOSE0GIWJING(Z J
J,5,.00050 FT.
!;T,«JO NASQ FT.
-12.TOONASO FT.

ME,l,f';!~c~
'80
~
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GENERAL NOTES LEGAL DESCRIPTION
I. TOTAL AAE,A, WlrH/N SVBDiVISJCW: .U . .1J ACRES GROSS

2. TOTALMJMBEROFPAACELS:JRES /OEKTIN.AND IOPEN
SPACE(PMCELA).
.1. EXISTING ZOMNG; AA-A. RR-C.
-I. POWAY COl,IMUNIY l'tANOESIGNArK)N; Rt.1AAL. SINGI..E FAMILY
PMCEl.20F PARCEI. ~ NO 15SJf. IN THE
CITYOFl'OWAY, COUNTY OF SAN DIEGO.

STATEOFCAJJFORNIA..ACCORD4NGT0JMP

THEREOF RECORDED IN THE OFFICE OF THE

COUNTYRECORDEROFSAHOIEGO COUNTY
ON.INIUA.RY2J . 151n.
$.. OIJITEO.

6. O\VEli.JNG UNITS PER ACRE: I (I.OT AYf'RAGEO

SIJBOMSION)
T. A.U.lOTSM7HINTHISSU8DMSION™YEAOEOUA.TE$llAA

ACCESS AS OU/NED

ASSESSOR'S PARCEL NUMBER
INS£CTION" . 116,AND
I I.ICUPEJI.OROINANCE NO. 5519 (NEW SERIES}.

I . PRNATE STREET WIDTHSAREASSHO'tm (SEETY"P1CAL
SECT10N).

8. EASEMENTS ASREOU/REO BYrHECrrYEHGINEER.

10. ALL PROPOSED llnUTIES TO SE ~RGROUNO.
ti. FINISJiGRADESSHOKNH EREDNAI.EAPPROXIMATECN.Y

AND SUBJECT TO
CHANGE DURING FINA.I.. DESIGN.

12. EJCJSTING CC)l,(TO(JRS ARE PER: UORENA. AERIAL PHOTO SU'nlEYSOATE OFl'HOTO:tl,.5.ZOOO.

IJ. PROPERl"Y WULBE/IIMIEJCEO INTO A STREET IJGHT1NG
DISTRICT.

U. PARK IN-UEU FEES ro BE P,ND.
/$.. cur ANO FIU. SU)PES AS SHOWN (7; t AWi'.. F1l.1. 1.5:1 MN<.C<ff}

16. PROPERTY TO BE SO/.D AS FLU Y OEVELOPOJ HOIJSES
ANO LOTS.

IT. SIJ8DMDER Pl.ANS TO CONSTRUCT/JilPR.01/E4'ENTS ANO
EROSJOHCONTROI.PER THECITYOFPOWAY ST~
II. ALL 5'0PES TO BE ROUN!J£D INTO EX/S nNG CONTOURS.
/g_ PU.NN£DSCHt'OIJl.E OFDE\'£1.0P/iilEWT OF THE FINN.. MAP ,snro~s .
1'0. EARTHWORK OUNnrTIES ; CUT•IT.000 CY. FU•IT,000 CY
321-200-48
CROSSLDTAREA. •.11.lJAC
BASE ZONE: RR-CANORR-A.

OWNER/DEVELOPER
tOIICN,,ll/,IOOELREAL.STE-11'0
SA.HO/EGO. C-" 92Hl0
~:;:-~RRO

ENGINEER OF WORK
FLOR£2 EIYG/IIEERJNG. IHG
11#0 W. SERNARDOCO(IRT
SAN DIEGO, ~ 92f21
~°;!L::::'O::z
~~~J EXP t.Wll20U
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--"'""' IICI.I.Il). f'[.11 a-.
-IL_
20'_ OJ!'8
3•1,.c.1•·u-.

PRIVATE ROAD
""

IRREVOCABLE OFFER OF OED/CATION TO BE STATED ON MAP
'
~.U:.aN:Wlf(4"i.)
11000.IU~ 911U.KUSDWCJIII"
~
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EXISTING EASEMENTS
(DPIPELM:' EASEMENT TO: U.SA REC. 1,.11./949. SK. .JJ.S9. PG. 324 D.R. (1)5'0t'EANO~EASEMEWT10 : COUNTYOFSANOIECO REC.
-·lffl . BK. 4SUJ, PG. 1-15 D.R.
(1JPIPELWEEASEMENTTO : U.SAREC. 11..g..1953. BK. $t>lt. PG. 2TJOR. {i]SLOPEANOCIR.AJNA.GEE.4SEMENT10 : COUIJtY OF~ DIEGOREC. l-1-1-11,0, FL E NO. TOl52 D.R.
[1]SLOPEANDORAJi<U,G£E.4SEMENTTa·COUNIY OFSANOIEGOREC.
12-5--19'9, F._E NO. ~D.R.
(l]':{;!~~~NTTO:-OIYOFPOWAYREC. 1-fJ..1~1. FILE NO.
[IJ'::J»U f:/-::R~TTO:OIY OFPOlt'AY REC. t().2J../gft_ F4.ENO. (l]P{JSLICSTREETEASEMEWTT0 . 0/YOFPOWAY REC.:1-2-tnJ,
FUN0 . 1~0.R.
rn:'::s::, _w:=_~MENTTO:CIYOFPOWAYREC. :1-2-ttm,
~ St.MMA,RY VACA. T10N OF THE OFFER OF RIGHT--OF_WA Y TO PROVIDE FOA FUTURE ALIGNMENTOF ~12.5. /N A PORT10NOFPARCEL2. PM 1'.5J,APNJ.2/-2()()..J6(VACOf/l-<Jf
ADVISORY NOTE:
~
LEGEND

EX SUS BOUND.ARY
EJCJ$T.l"PVCW -1 TER
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EXIST STORM ORAM
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PROPOSED 1-w-1TERSERVICE @----
PVC-1-SEWERLA.TEIW. (WIPUMPJ @-- S -
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PROPOSED CONTOURS UJR

PROPOSED CONTOURS AINR
PROPOSED ()f{J.JNAGE OtRECTION
PROPOSED DRAJt,µ,G£ DITCH
PROPOSED CIJR8

PROPOSEDSTORMDRAJN

PROPOSEOHEADWALL

PARCEL NUMBER
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PUBLIC UTILITIES AND DISTRICTS
""""&
GtS.ANDELEC. : SANOIEGOGtSAND
ELECTRIC coµpANf'
ATAT
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SE'o'IER.·
= ST. LIGHTING:

CITYOFPO\VAY
arYOFPOWAY
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OTYOFPOWAYSTREET

L/GHTINGDISTRICT
NOTE
PIPESJZEANDM.tTERW.AMYCHANGEO(JRING
PER"'1T DESIGN AND APPROVAL PHASE.
~
TPM21-002
EX/S1W(iTOPOGR/tPHYISBASEDONO1YBENCHIMRKA -1'0m.l'CHISIJASEDCJt,INGVDN.

THE TOPOGR,4PHY WA.SADJI.ISTED TONAVDM 0A1V)WBY THENJOIT10NOF:1 . lf&FEET TO rH£NGV019tMTUU . SOUTHERN HILLS POINTE
T0T~AAEA · 19.-19ACRES
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M EMQRAN DLJ M City of Poway
DATE: February 4, 2025
TO: Members of the City Council
FROM:

SUBJECT:

Peter De Hoff, Councilmember
Censure of Council member Tony Blain
Summary:

At the City Council's January 21, 2025 City Council meeting, I made a motion to bring a resolution of censure of Councilmember Tony Blain at a future City Council meeting, which received majority concurrence as required per the Poway Municipal Code for Council initiated items. The basis of the proposed censure is (1) Councilmember Blain's vote trading and bribery attempts made to both me and at least one prospective Councilmember applicant, which appear to be felonies, (2) threats of adverse action such as recall, (3) misuse of law enforcement resources to retaliate against dissenting members of the public.

While all emails are not attached, and some cannot be due to attorney-client privilege, a representative sample of Council member Blain's emails evidencing this conduct, as well as complaints from the public, are attached hereto, and cited throughout the discussion below.

Discussion:

Section 2.04.1 00(D) of the PMC states that "[t]he City Council shall have the power to adopt a resolution of censure with respect to any member of the Council who violates this section 2.04.[100] or any other Section of the Poway Municipal Code." The remainder of Section 2.04.100 reads in full:
1 of 24
A. The professional and personal conduct of members of the City Council must be above reproach and members should take steps to avoid even the appearance of impropriety.

Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, commissions, boards and committees, the staff or public.

B. All members of the City Council shall perform their duties in accordance with the processes and rules of order established by the City Council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

C. All members of the City Council shall respect and adhere to the Council-Manager structure of Poway city government. In this structure, the Council determines the policies of the City with the advice, information and analysis provided by the public, commissions, boards, and committees, and City staff . Individual members of the City Council therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions. Individual members shall February 4, 2025, Item #9
not make requests of City staff, or provide any City staff members with direction, orders or instructions. Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.

Following is a broad outline of Councilmember Blain's behaviors and actions which justify censure.

Impropriety and Illegal Conduct

1. Vote Trading
First, Councilmember Blain attempted to engage in illegal vote trading, offering to vote for my appointment as Deputy Mayor in exchange for me voting to support a special election rather than an appointment, a felony pursuant to Penal Code section 86 (Attachment A). There have been articles on this subject from three news outlets (Axios, the Union Tribune and Fox5 San Diego) all of which sought the input of different independent legal experts, all of whom opinioned this conduct is criminal.

2. Threats of Recall/Adverse Action Against me and Prospective Council Applicants for Not Voting as Councilmember Blain Desired
Councilmember Blain threatened adverse action against myself and now Councilmember Pikus unless I voted as he desired (Attachment A). When I did not vote as he desired, he publicly stated he would follow through with those threats in a local news interview. This also appears illegal under Penal Code section 165 and others (https://www .axios.com/ local/san-diego/2025/0 1 /18/poway -council-vacancy special-election-blain -vause-dehoff-state -law).

3. Attempting to Use Law Enforcement to Silence Critics/Members of the Public On two occasions, Councilmember Blain directed the City Manager to file reports with the Sheriffs Department when individuals sent emails critical of his behavior to his city account. Councilmember Blain asked the City Manager to send law enforcement to these individuals' homes (Attachment B).

Resident names have been redacted from the attached emails referenced in this section.

Councilmember Blain also directly told these individuals to stop contacting him or he would call the Sheriff (Attachment B). Both of these individuals contacted the City extremely worried about adverse law enforcement action (Attachment B).

When one of these individuals demanded Councilmember Blain's resignation via email after his attempted vote trading came to light, Councilmember Blain filed a report with the Sheriffs Department (Attachment B). The Sheriffs Department concluded no crime occurred. It appears clear that this individual was simply voicing his dissent to Council member Blain's actions in his position as an elected official, which is something any member of the community is entitled to do.

Recommended Action:

There is ample evidence to support censure based on Councilmember Blain's numerous violations of Section 2.04.1 00(D), the City of Poway Code of Ethics (Attachment C) and apparent violations of State law. I ask for Council members' concurrence to adopt the attached resolution of censure (Attachment D).
2 of 24 February 4, 2025, Item #9
Attachments:

A Emails from Council member Blain to Council member De Hoff and City Council Applicant Pikus RE City Council Vacancy and Deputy Mayor
B. Emails from Councilmember Blain to City Manager Hazeltine Requesting Law Enforcement Assistance and Emails from Residents
C. City of Poway Code of Ethics
D. Resolution
Reviewed/Approved By
J
Wen:is~
Assistant City Manager
3 of24
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chris Hazeltine
City Manager
February 4, 2025, Item #9
From:

To:

Subject:

Date:

Peter,
Tony Blain
Peter De Hoff
Recall
Sunday, December 22, 2024 3:32:20 AM
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Councilmember
City of Poway
858-248-1509
4of24 ATTACHMENT A February 4, 2025, Item #9
From:

To:

Subject:

Date:

Tony Blain
Peter De Hoff
Re: Recall
Sunday, December 22, 2024 3:58:44 AM
I might be persuaded to vote Yes on you for Deputy Mayor also if you vote Yes on Special Election, since that would show you are willing to work with new Councilmembers.

Tony Blain
Council member
City of Poway
858-248-1509
From: Tony Blain
Sent: Sunday, December 22, 2024 3:32 AM
To: Peter De Hoff <[email protected]>
Subject: Recall
Peter,
I'm trying to mend fences a little. I might be inclined to drop my Recall effort on you if you vote to support a D1 Special Election on Jan. 21 (to be held Nov. 2025) instead of a 2- year appointment.

I will hold off filing my Notice to Recall on you until I see how you vote on the Special Election.

Tony Blain
Council member
City of Poway
858-248-1509
5 of24 February 4, 2025, Item #9
6 of 24
A TonY. Blain
W To: Chris Pikus >
D1 Appointment
Yesterday
You will only receive one question from me
Jan. 21: "Will you support immediate vote
for D1 Special Election if you are
appointed?"
If you answer "No," we will immediately
RECALL you and for a D1 Special Election
ballot initiative for NOV 2025.

Tony Blain
Councilmember
City of Poway
858-248-1509
February 4, 2025, Item #9
From:

Sent:

To:

CC:

Subject:

Tony Blain
Councilmember
City of Poway
858-248-1509
Tony Blain
Sunday, December 29, 2024 1:56 PM PST
Chris Hazeltine
Jenny Maeda; Fenstermacher, Alan
Re: Nextdoor
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:54:51 PM
To: Chris Hazeltine <[email protected]>
Cc: Jenny Maeda <[email protected]>; Fenstermacher, Alan <[email protected]> Subject: Fw: Nextdoor
Chris,
Please file police report on - . I feel threatened and harassed. He has done this entire 2 years I have been running for office. I would like police officer to go to his house and speak to him if you feel it is appropriate.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:23:22 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor

EXTERNAL EMAIL
Blain
Before i forget this is a city website paid for by the taxpayers. I am a taxpayer. This will be my only form of correspondence as it's linked to the city. So I guess if you want to file the police report go ahead I'm not sure for what. I've done nothing wrong. I am just asking that you stop your awful behavior as a City representative on Nextdoor. This is a pretty simple request from a taxpayer.

On Dec 29, 2024, at 13:14, > wrote:

You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
7 of 24 ATTACHMENT B February 4, 2025, Item #9
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You don't often get email from . Learn why this is important EXTER1 AL EMA IL
Blain
You're a bully you have been doing it on next door for years. Now you are a public servant. So I am formally asking you to knock it off !
8 of 24
On Dec 29, 2024, at 12:49, Tony Blain <[email protected]> wrote:

Not bullying - factual
Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https://aka.ms/LearnAboutSenderldentification ]

EXTERNAL EMAIL
Blain
. Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I February 4, 2025, Item #9
9 of24
saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city !
Worry about your district and the promises you made to them. -
February 4, 2025, Item #9
From:

Sent:

To:

CC:

Subject:

Stop now.

Tony Blain
Sunday, December 29, 2024 1:57 PM PST
Chris Hazeltine
Re: Nextdoor
I just filed police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 12:11:54 PM
To: Tony Blain <[email protected]>
Subject: Nextdoor
[You don't often get email from
https :/ /aka. ms/LearnA boutSend

EXTERNAL EMAIL
Blain
Learn why this is important at
Just wanted you to know that I had 2 of your posts on next door taken down due to bullying! I saw the messages to Allison P. And they were totally out of line. You are now a servant of the City. Your bullying tactics will not be tolerated anymore. You are now on record as to everything you do that has to do with my city!
Worry about your district and the promises you made to them. 10 of 24 February 4, 2025, Item #9
From:

Sent:

To:

Subject:

Sunday, December 29, 2024 1:51 PM PST
Chris Hazeltine
Fwd: Nextdoor / Tony Blain
I You don't often get email from Learn why this is important

EXTERNAL EMA IL
Good morni~n,
My name is- and have been a resident of Poway for over 30 years. Ive never had a problem with city government until now. This is in reference to Tony Blain and his constant bullying on next door. He is now a public servant and I have contacted him on the city email.

I've forwarded his response as to him filing a police report. I take this as a threat that if I contact a city representative this is what happens?? This is not right and extremely unprofessional. Do you see any harassment from my email ?
Begin forwarded message:

From:

Date: December 29, 2024 at 13:14:09 PST
To: Tony Blain <[email protected]>
Subject: Re: Nextdoor
You are now a public servant I am not harassing you whatsoever. I am forwarding this -e mayor and city council as I take this as a threat
On Dec 29, 2024, at 13:11, Tony Blain <[email protected]> wrote:
-I am formally asking you to stop harassing me via my Poway e-mail. I will file a police report next time you do it.

Tony Blain
Councilmember
City of Poway
858-248-1509
From:

Sent: Sunday, December 29, 2024 1:00:31 PM
11 of 24 February 4, 2025, Item #9
From:

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 6:50 PM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
OMG- has abused me verbally and social media for many years.

Very simple solution ... tell him to leave me alone and I will do the same.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running fo~ I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the iliiie alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po ice to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <TBlain@poway .org>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.

I just filed police report.
12 of 24 February 4, 2025, Item #9
From:

Sent:

To:

Subject:

Tony Blain
Friday, January 3, 2025 4:56 PM PST
Fenstermacher, Alan; Chris Hazeltine
Re: Unable to Access Your Mayoral Campaign Social Media • I am formally asking you to stop harassing me via electronic communications per Penal Code 653m. If you communicate with me in any way again, I will file a police report.

Tony Blain
Councilmember
City of Poway
858-248-1509
From: Tony Blain <[email protected]>
Sent: Friday, January 3, 2025 4:56 PM
To: Fenstermacher, Alan <AFenstermacher@rutan .com>; Chris Hazeltine <CHazeltine@poway .org> Subject: Fw: Unable to Access Your Mayoral Campaign Social Media Please assist me filing restraining order against this person. I feel unsafe .

Please also assist me filing a police report as I have asked this person to stop harassing me via electronic communications per Penal Code 653m.

Tony Blain
Council member
City of Poway
858-248-1509
From:

Sent: Friday, January 3, 2025 4:49 PM
To: Tony Blain <[email protected]>
Cc: Chris Hazeltine <[email protected]>
Subject: Unable to Access Your Mayoral Campaign Social Media Some people who received this message don 't often get email from E.\ .. "TERl ALE , L-VL
Councihnernber Blain
. Learn why this is important
I have been unable to access your Facebook page Tony Blain Poway Mayor 2026 and there is indication that I arn being blocked . You apparentl y have another related Facebook page which I'm also unable to access . As a District 2 resident , I would like your assurance that I arn not being blocked on a social media site where you are discussing your intentions concerning your ctment issues before the council and issues clue to come before the council in the near future.

I look forward to hearing from you soon.
- ~
13 of 24 February 4, 2025, Item #9
From:

To:

Subject:

Date:

From:

Alan Fenstermacher
Fenstermacher, Alan
FW: Demand for Your Resignation
Wednesday, January 15, 2025 6:45:19 PM
Sent: nes ay, anuary , :46 PM (UTC-08:00) Pacific Time (US & Canada) To: Tony Blain <[email protected]>
Cc: Steve Vaus <[email protected]>; Peter De Hoff <[email protected]>; Jenny Maeda <[email protected]>; Chris Hazeltine <[email protected]>; Alan Fenstermacher <[email protected]>
Subject: Demand for Your Resignation
Some peop le who received this message don't often get email from imoorta nt
EX.TIR.: AL Ei\ L.\IL
Councilmember Blain,
. Learn why this is
I have just finished reading item #4 on the agenda for next week's City Council Meeting. I am outraged at the private email conespondeuce ben:veen yourself and Councilmember DeHoff and one of the applicants for appointment to the DI vacancy . Your offer to squash a recall effort against Councilmember DeHoff , your threat to file a recall petition against this applicant , as well as your offer to support Cmmcilmember DeHoffs nomination for Deputy Mayor in exchange for their vote to support a special election is nothing short of a bribe and attempt to coerce and the ve1y definition of com1ption.

You have spent the better part of the last t\;vo years accusing the Mayor , fonner and cunent members of the City Co1mcil of com1ption and backroom dealings. You have never provided a shred of evidence to support these allegations . Now , in your first opportunity to make a meaningful contribution to the governance of our city, you have attempted to influence the vote of a sitting council member and the fuh1re vote of a potential appointee through an open threat of retribution should they not comply with your wishes .

Such behavior is unacceptable and intolerable on the pa1t of an elected official. It is likely criminal in nature. As such, I am demanding you recuse yourself from voting on item #4 at the 21 Janumy City Council meeting and immediately resign from the Poway City Council. You are tmfit and undeserving to represent the people in District 2 and should you foolishly decide to continue your effort to become Mayor I will make it my goal to ensure eve1y voter in our City is aware that you have attempted to influence those that represent their interests through threats and coercion.

In closing I have not forgotten that you continue to block me on social media where you continue discuss city business. That is, according to recent court decisions , a violation of my First Amenchnent rights. I would like to remind you that just a few weeks ago, you raised your right hand and took an oath of office. That oath began with the words "I swear or affom that I will support and defend the Constih1tion of the United States." You and I have both taken that oath a number of times in our lives. It meant something to me. Based on your recent actions, I 14 of24 February 4, 2025, Item #9
have to question what it now means to you.

I look forward to a response
-For Mr. Hazeltine , I request this email be made part of the public record and be placed in the final agenda package as pmt of the public response to item #4 . 15 of24 February 4, 2025, Item #9
From:

To:

Cc:

Subject:

Date:

Tony Blain
Chris Hazeltine
Fenstermacher, Alan: Jenny Maeda
Deputy Marler (Incident# E9710666, phone 858-513-2800)
Friday, January 17, 2025 2:42:07 PM
Poway City Manager and City Attorney,
I just called Poway Sheriff and Deputy Marler (Incident# E9710666, phone 858-513- 2800) visited my house . I showed him threatening e-mails and social media posts from - over the last 2 years, told him about someone placing dead rats on residents' lawns who placed my campaign signs out front during the election, and told him about unknown person committing felony by placing anonymous letters in all mailboxes of residents' who placed my campaign signs out front of their house during campaign. I also told him about- having angry temper tantrum and cussing me out when I unknowingly knocked on his door during campaign (I had never met ■ - before that).

Sheriff Incident number is E9710666.

I will be discussing possible restraining order against -with San Diego District Attorney next week .

Please note that our email communications are subject to public disclosure.

Tony Blain
Councilmember
City of Poway
858-248-1509
Complaints
Thank you for e-mailing me. I look forward to meeting you soon. If you have City complaint or concern, please submit official complaint on form below (there is paper version if you walk into City Hall). If you do not receive appropriate response within 14 days, let me know and I will personally present it and speak on it at City Council meeting and make public request of appropriate City Staff to assist us.

General Service Request
llt tps ://pow ay.org/270/Serv i ce-Req uest
16 of 24 February 4, 2025, Item #9
Water
https ://poway .org/317/Water
Thank you. Please also e-mail each Councilmember, City Manager, and City Attorney so we can all research and respond appropriately . All e-mails can be found on Poway City Council web site below.
https :/ /poway .org
Please e-mail us all in 2 weeks for response if we do not respond sooner .

PUBLIC RECORDS REQUEST
You can obtain any document from City of Poway using the following link:
https :/ /poway . o rg/fo rmce nter / c ity-c le rk-33/pu bli c-records -req uest-fo rm-7 4 17 of 24 February 4, 2025, Item #9
From:

Sent:

To:

CC:

Subject:

Tony Blain
Monday, January 6, 2025 11:18 AM PST
Chris Hazeltine
Jenny Maeda
Re: Nextdoor
will be 100% ignored by me next 10 years - they are mean spirited and have harassed me for many years and have no intention to have an actual constructive conversation to help Poway
Tony Blain
Councilmember
City of Poway
858-248-1509
From: Chris Hazeltine <[email protected]>
Sent: Monday, January 6, 2025 11:03:03 AM
To: Tony Blain <[email protected]>
Cc: Jenny Maeda <[email protected]>
Subject: RE: Nextdoor
Hello-
Jenny is copied on this reply since she was included in your original email on this topic (Sun 12/29/2024 1 :55 PM), asking me to ... "Please file police report on-. I feel threatened and harassed. He has done this entire 2 years I have been running for'o'ffice. I would like police officer to go to his house and speak to him if you feel it is appropriate." Consistent with Alan's previous explanation about the il-e alities of such actions, I am not able to do as you requested. Further, and in full disclosure, called me last week to express his great concern about the potential for the po rce to contact him. I told him in no uncertain terms, no police report was filed based on the Nextdoor exchange (I confirmed that fact with the Poway Sheriff Captain). He was relieved to hear that news but expressed significant concern about how he feels he's being treated.

I am providing this update because I think it's pertinent information for you.

Thanks
-Chris
From: Tony Blain <[email protected]>
Sent: Sunday, December 29, 2024 1:58 PM
To:

Cc: Chris Hazeltine <[email protected]>
Subject: Re: Nextdoor
Stop now.
18 of 24 February 4, 2025, Item #9
site where you are discussing your intentions concerning your current issues before the council and issues due to come before the council in the near future.

I look forward to hearing from you soon.
-
19 of 24 February 4, 2025, Item #9
Preamble
Resolution No. 056

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Poway City CouncilFebruary 4, 2025

Poway City Council
February 4, 2025