Amended Agenda
Adding New Items
#6 and #8.
AG EN DA Poway City Council Renumbered Item
#7.
Council Chamber I 13325 Civic Center Drive I Pow ay, CA I 92064 March 18, 2025 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetin gs I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
Public Meeting Access I Members of the public may attend the City Council meeting in person, or watch the City Council meeting live online. Regular City Council meetings are broadcast live on Cox Communication Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City's website.
Speakers I Persons wishing to address the Council on matters not on the agenda may do so under Public Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. Per the Poway Municipa l Code, the speaking time may be reduced.
To Watch Live:
www.poway .org/councilmeetings
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway .org. Sign up at https://poway .org/list.aspx to receive email notifications when City Council agendas are published online . Items listed on the agenda with a"#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabiliti es Act Title II I In compliance with the Amer icans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting .
Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Council member
Christopher J. Pikus
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes .
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to address the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Award of Agreement to Roof Construction Chambers Inc. for Public Facilities Renovation Roofing Replacement at the Nelson House in Old Poway Park, and Transfer of Funds
3. Award of Agreement to UniFirst Corporation for Uniform, Laundering and Related Services Utilizing Sourcewell Cooperative Purchasing Program Contract No. 011124
4. Acceptance of the Poway Road Safety Improvements Project with DBX, Inc., as Complete
5. Minor Personnel Adjustments in the Department of Development Services
6. General Plan Implementation Annual Progress Report for 2024 ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS: None
STAFF REPORTS:
7. Appointments to the Budget Review Committee and Parks and Recreation Advisory Committee 2 of 4 Reeular Citv Council Meeting March 18, 2025
City Manager's Recommendation: It is recommended the City Council approve to appoint: four (4) members to the Budget Review Committee, as nominated by Council, to include three (3) two year terms expiring December 31, 2026 and one (1) one-year term expiring December 31, 2025; and five (5) members to the Parks and Recreation Advisory Committee, as nominated by Council, to include five (5) two-year terms expiring December 31, 2026.
8. City Council Waiver of Privilege Re Communications with Council member Blain regarding Remote Meeting Participation
City Manager's Recommendation: It is recommended the City Council vote to waive attorney client privilege regarding all communications between Councilmember Blain and the City Attorney's office regarding remote appearances at City Council meetings, and for all communication between Councilmember Blain and the City Attorney's office that occurred on March 11, 2025.
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION:
9. Conference Involving a Joint Powers Agency (Metro Wastewater Joint Powers Authority) Conference with Legal Counsel - Significant Exposure to Litigation (Gov. Code 54956.9(d)(2)) - One potential matter
Name of Local Agency Representative on Joint Powers Agency Board: Councilmember Peter De Hoff
Other Attendees: City Manager, City Attorney, Counsel for Metro Wastewater Joint Powers Authority
10. Public Employee Performance Evaluation - Government Code §54957(b)(1) Title: City Attorney
11. Public Employee Performance Evaluation - Government Code §54957(b)(1) Title: City Manager
AD!OURNMENT:
3 of 4 Regular Citv Council Meeting March 18, 2025
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on March 13, 2025.
Said meeting to be held at 7:00 p.m., March 18, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. u ' (L1M:-{£. ~ Z
Carrie Gallagher, CMC, City Cle;
4 of 4 Regular City Council Meeting March 18, 2025
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City o f Poway
March 18, 2025
Honorable Mayor and Members of the City Cou~
Eric Heidemann, Director of Public Works 4
Danielle McIntosh, Senior Management A~ . - ./\
(858) 668-4729 or [email protected] ~y I
CITY COUNCIL
Award of Agreement to Roof Construction Chambers Inc. for Public Facilities Renovation Roofing Replacement at the Nelson House in Old Poway Park, and Transfer of Funds
An informal request for proposals for Public Facilities Renovation Roofing Replacement at the Nelson House located in Old Poway Park was requested on September 3, 2024, by the City of Poway (City) directly from a pre-approved list of contractors under California Uniform Public Construction Cost Accounting Act (CUPCCAA) for public works projects under $75,000. City staff (staff) contacted CUPCCAA registered companies to provide proposals for the roofing replacement project at Old Poway Park. One (1) proposal was received and reviewed by staff. Staff determined Roof Construction Chambers Inc. (Roof Construction) to be qualified to provide this service to the City.
Recommended Action:
It is recommended City Council award the Agreement for Public Facilities Renovation Roofing Replacement at the Nelson House in Old Poway Park to Roof Construction Chambers Inc., approve the attached resolution authorizing a transfer from Capital Improvement Project Public Facilities Renovation General, (MN040) totaling $74,350, to Capital Improvement Project Public Facilities Renovation Roofing (MN074) 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) 2024-25 budget process, funds in the amount of $223,000 were allocated to Public Facilities Renovation Roofing (MN074). MN is the project code used for maintenance projects, in this case citywide roofing projects. Each year roofs are identified for replacement based on a citywide roofing assessment, cumulative repairs and presence of leaks or failure. It was determined $74,350 would be utilized for roof replacement at the Nelson House located in Old Poway Park along Midland 1 of23
March 18, 2025, Item #2
Road. Additional roofing replacements included in MN074 were Templars Hall at Old Poway Park, the Aubrey Park concession stand and restrooms, the Aerator building at Lake Poway and the Valle Verde Park restrooms.
Due to higher material and labor costs for the executed roof replacements at the facilities included in MN074, listed above, there is no funding available in MN074 to cover the scheduled roof replacement at the Nelson House. It is requested to transfer $74,350 from the Capital Improvement Project Public Facilities Renovation General, MN040, to the Capital Improvement Public Facilities Renovation Roofing, MN074, to ensure completion. The funds in MN040 have been allocated to pre-determined projects with planned work in process. MN040 has sufficient funds to cover the Nelson House roofing project.
Originally constructed in the 1880s, the Nelson House was relocated to Old Poway Park in 1991, where it was renovated and transformed into a popular attraction.
The roof of the Nelson House has outlived its useful life and requires replacement to preserve the building's integrity. Replacing the roof with new shingles, along with repairing the damaged wood deck and fascia, will improve energy efficiency and reduce ongoing maintenance. Material acquisition is expected to take up to three (3) months, with construction planned for 15 working days. During construction, the Nelson House will be closed to the public, and all closures will be coordinated with Old Poway Park staff to minimize disruption to visitors.
Under CUPCCM, public project work in the amount of $75,000 or less may be performed by a vendor on the City of Poway preapproved vendor list, as specified in Sections 22032(b) and (c) of the California Public Contract Code. The City is a participant in CUPCCM, which facilitates the use of preapproved vendors for public works projects under $75,000. In accordance with this process, staff reached out to three (3) pre-approved contractors and requested proposals. Of the requested proposals, one (1) vendor was non-responsive, one (1) declined to submit a proposal and one (1) proposal was submitted. Staff reviewed the proposal submitted by Roof Construction which was determined to be responsive. Based on the proposal and the work required to complete the project, Roof Construction's price is fair and reasonable, and they are qualified to carry out the work. Staff recommends the Agreement be awarded to Roof Construction for labor and materials to replace the Nelson House roof.
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 transfer $74,350 to MN074 to award the Agreement for the roof replacement project of the Nelson House at Old Poway Park for the recommended amount of $74,350. The requested action would transfer funding from the Capital Improvement Fund 1070 (project MN040 funding source) to the Capital Facilities Fund 6170 (project MN074 funding source). The City proactively planned for this roof replacement project as part of the budget development process for the FY 2024-25 CIP Public Facilities Renovation Roofing, 2 of 23
March 18, 2025, Item #2
MN074, which was underfunded due to increased material and labor cost of executed projects with the CIP. CIP Public Facilities Renovation General, MN040 has unspent funds available to complete the roofing replacement at the Nelson House.
Public Notification:
None.
Attachments:
A. Resolution
B. Standard Agreement
Reviewed/ Approved By:
Assistant City Manager
3 of23
Reviewed By:
Alan Fenstermacher
City Attorney
A"~ L
ChriszeltJ
City Manager
March 18, 2025, Item #2
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE AWARD OF
AGREEMENT TO ROOF CONSTRUCTION CHAMBERS INC.
FOR PUBLIC FACILITIES ROOFING REPLACEMENT AT THE
NELSON HOUSE AND AUTHORIZATION FOR TRANSFER OF
FUNDS TO ACCOMMODATE UNANTICIPATED INCREASES IN
COSTS SINCE ADOPTION OF THE FY 2024-25 BUDGET
WHEREAS, the City of Poway (City) operates and maintains public parks, City facilities and infrastructure to provide safe recreational spaces; WHEREAS, each year facilities within the parks must be updated as they require excessive maintenance or reach the end of their useful life; WHEREAS, the City proactively plans for the renovation of these facilities by accumulating resources in Capital Improvement Project Funds that are approved annually; and WHEREAS, the Fiscal Year 2024-25 adopted Capital Improvement Project, Public Facilities Renovation Roofing (MN074) includes amounts budgeted for facility roofing renovations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The award of Agreement to Roof Construction Chambers Inc. for Public Facilities Roofing Replacement at the Nelson House at total cost of $74,350, is authorized.
SECTION 2: The City Council authorizes the transfer of $74,350 from the Capital Improvement Fund 1070, Public Facilities Renovation General Project (MN040) to the Capital Facilities Fund 6170, Public Facilities Renovation Roofing Project (MN074).
SECTION 3: The City Manager is hereby authorized to execute any documents necessary for this project.
4of23
II
II
II
II
II
II
II
II
ATTACHMENT A
March 18, 2025, Item #2
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of March, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 23
March 18, 2025, Item #2
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 19th day of March 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Roof Construction Chambers Inc. (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services for the Public Facility Renovation Roof Replacement at the Nelson House;
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 6 of23 ATTACHMENT B
March 18, 2025, Item #2
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.
7 of23
March 18, 2025, Item #2
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:
8 of23
(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.
March 18, 2025, Item #2
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.
9 of23
March 18, 2025, Item #2
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.
10 of 23
March 18, 2025, Item #2
(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.
11 of 23
March 18, 2025, Item #2
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.
12 of 23
March 18, 2025, Item #2
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)
13 of23
March 18, 2025, Item #2
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
14 of 23
Roof Construction Chambers Inc.
By:-------------
Anthony Navarro, Project Manager
March 18, 2025, Item #2
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Contractor agrees to provide the public facility renovation to remove and replace the roof at the Nelson House which shall consist with the documents described in the Scope of Services submitted on September 23, 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.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the total fees submitted with the proposal dated September 23, 2024, which is included in this document as Attachment 1. The total fee is not to exceed $74,350. 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 March 19, 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:
15 of 23
March 18, 2025, Item #2
(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)
16 of 23
March 18, 2025, Item #2
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
17 of 23
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Roof Construction Chambers Inc.
1563 Sterling Court
Escondido, CA 92029
(Remainder of page intentionally left blank)
March 18, 2025, Item #2
Roof Construction
Attn: Will Wiley
Project: Nelson House Roof Replacement
Address: 14114 Midland Rd. Poway, Ca 92064
Scope of Work: Roof Replacement
ATTACHMENT 1
• Remove existing shingle roof to wood deck
• Replace damaged wood deck (15% applied)
• Replace damaged wood facia (15% applied)
• Install high temp underlayment
• Install new shingles
• Install detail work associated with new roofing system.
September23,2024
Price ................................................................................................................... $74,350.00 Prevailing wages applied, add 1.25% for bonds
License#647203, C-39/B, exp 7/31/2024, DIR# 1000001961, exp 6/30/2025, SBE Certified #1018829, Union Local 45 Signatory
Exclusions: Painting, framing
This proposal shall be subject to acceptance for a period of 90 days following the date above. Due to market volatility, pricing is only held for 90 days and changes monthly, material is priced upon shipment. Current lead times range from 1-3 months depending on material type. Roof Construction may, at its discretion, extend that period, but reserves the right to declare the proposal expired, or modify it or any of its contents as an express condition of extension.
TERMS OF PAYMENT: Progress Payments
Respectfully Submitted by:
Anthony Navarro
1563 Sterling Court, Escondido, CA 92029
18 of 23
760-738-1050 fax 760-738-1054
March 18, 2025, Item #2
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)
19 of 23
(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 March 18, 2025, Item #2
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:
20 of 23
(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.
March 18, 2025, Item #2
(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).
21 of23
March 18, 2025, Item #2
GUARANTY
To the City of Poway, City Council, for:
PUBLIC FACILITY RENOVATION ROOF REPLACEMENT AT THE
NELSON HOUSE
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
22 of 23
March 18, 2025, Item #2
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."
23 of 23
March 18, 2025, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
March 18, 2025
Honorable Mayor and Members of the City Counf~
Eric Heidemann, Director of Public Works q, ~
Danielle McIntosh, Senior Management An_aly~ f\
(858) 668-4729 or [email protected] c:::=:=:!d'}V \....-
CITY COUNCIL
Award of Agreement to UniFirst Corporation for Uniform, Laundering and Related Services Utilizing Sourcewell Cooperative Purchasing Program Contract No. 011124 The City of Poway (City) seeks to obtain uniform, laundering and related services from UniFirst Corporation (Uni First). The Agreement covers uniform and laundering services, as well as facility mat and mop services for the Public Works Department. Additionally, it includes mat and towel services for citywide facilities and the Fire Department on a regular basis. The City parti cipates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), which establish and provide nationwide competitively solicited purchasing contracts to be utilized by member agencies. For efficiency and optimal pricing, it is recommended the City enter into an agreement with UniFirst utilizing the Agreement available through Sourcewell (Contract No. 011124). Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements for the procurement of supplies, services or equipment. The length of the Agreement shall be for two (2) years beginning April 1, 2025, through March 31, 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 uniform, laundering and related services to Uni First Corporation utilizing the· Sourcewell Cooperative Purchasing Program Contract No. 011124, and authorize the City Manager to execute the necessary documents.
Discussion:
The proposed Agreement covers uniform, laundering, and facility mat and mop services for the Public Works Department, as well as mat and towel services for citywide facilities and the Fire Department.
Sourcewell works with public agencies and holds hundreds of competitively solicited service contracts for its members. Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements as an economical alternative to the bidding process. Sourcewell completed a competitive procurement in 2024 and awarded an agreement to UniFirst on June 11, 1 of 17
March 18, 2025, Item #3
2024. The agreement includes uniform rental services, uniform laundering services, and facility supplies including floor mats, mops, and related items for Public Works, as well as mat and towel services for facilities throughout the City, including the Fire Department.
The City has maintained an Agreement with Uni First for the past eight (8) years and is satisfied with the quality of their service. Uni First provides weekly service at multiple locations throughout the City, making routine stops to collect soiled mats and laundry. On average, Uni First services approximately 450 uniforms, 96 mats, and 800 various towel products each week.
Staff recommends entering into a new Agreement with UniFirst to ensure the continuation of these services at a competitive rate. The City's current terms and pricing will remain and the estimated annual costs under this agreement will be approximately $40,000. The total final value of the agreement will be based on the actual number of uniforms, mats, mops, etc. ordered and serviced for the City per fiscal year. This annual amount is budgeted each year as part of the budgeting process.
The length of the proposed Agreement shall be for two (2) years beginning April 1, 2025, through March 31, 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 available in the: Fire Suppression Division (501050-49280); Utility Systems Operations and Maintenance Division (401060-49280); Water Supply, Treatment and Storage (402060- 49280); Water Transmission and Distribution (402560-49280); Wastewater Collection (403570-49280); Reclaimed Water (405060-49280); Maintenance Operations (410060-49280); Street Maintenance (411040-49280); Stormwater and Flood Control (412040-49280); Vehicle and Equipment Maintenance (413010-49280); Park, Trail and Landscape Maintenance (414040-49280); Facility Maintenance (415010-49280 and 415010-41200); and Landscape Maintenance District Administration (420040- 49280) Fiscal Year 2024-25 budget for uniform, laundering and related services. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.
Public Notification:
None.
Attachments:
A. Standard Agreement -A full scope of services is on file with the Public Works Department. 2 of 17
March 18, 2025, Item #3
Reviewed/ Approved By:
Assistant City Manager
3 of 17
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
March 18, 2025, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of April 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and UNIFIRST CORPORATION, a Massachusetts Corporation (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, City desires to obtain the services for Uniform, Laundering and Related 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 4of 17 ATTACHMENT A
March 18, 2025, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
5 of17
March 18, 2025, Item #3
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
6 of17
(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.
March 18, 2025, Item #3
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.
7 of17
March 18, 2025, Item #3
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
8 of 17
March 18, 2025, Item #3
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk 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.
9 of17
March 18, 2025, Item #3
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of 17
March 18, 2025, Item #3
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) 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)
11 of 17
March 18, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
12 of 17
UNI FIRST CORPORATION
By:------------
Justin Petitte, Branch Manager
March 18, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
13 of 17
(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 March 18, 2025, Item #3
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:
14 of 17
(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.
March 18, 2025, Item #3
(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).
15 of 17
March 18, 2025, Item #3
GUARANTY
To the City of Poway, City Council, for:
UNIFORM, LAUNDERING AND RELATED 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
16 of 17
March 18, 2025, Item #3
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
17 of 17
March 18, 2025, Item #3
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
March 18, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected] ~
CITY COUNCIL
SUBJECT: Acceptance of the Poway Road Safety Improvements Project with DBX, Inc., as Complete
Summary:
On May 21, 2024, the City Council awarded the Poway Road Safety Improvements project contract to DBX, Inc., Bid No. 24-003, in the amount of $586,739.00. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the Poway 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 $29,683.95 if unencumbered, 45 days after City Council acceptance;
4) Release the Ohio Casualty Insurance Company Bond for Material and Labor in the amount of $586,739.00 after the release of retention; and
5) Retain the Ohio Casualty Insurance Company Bond for Faithful Performance for a period of one (1) year.
Discussion:
In November 2020, the City secured $589,980.00 in grant funding through the Highway Safety Improvement Program (HSIP) for the Poway Road Safety Improvements project. The project was designed to enhance safety and operational efficiency at various locations along Poway Road between Oak Knoll Road and Garden Road. In March 2024, City staff submitted a request for additional grant funding for the construction contract due to rising costs of materials and services. Caltrans approved the request, providing an additional $66,743.00 in funding. With this approval, the total grant amount eligible for reimbursement to the City is now $656,723.00.
The project modified four existing concrete medians to restrict left turn movements from side streets onto Poway Road, upgraded signal controller cabinets, installed video detection systems at five traffic 1 of 2
March 18, 2025, Item #4
signal intersections and enhanced intersection regulatory signage. These improvements were completed as part of ongoing efforts to enhance public safety and roadway infrastructure. The completion of these upgrades aligns with broader initiatives to enhance safety, operational efficiency and the longcterm sustainability of transportation infrastructure.
This action accepts the Poway Road Safety Improvements project as complete. DBX, Inc. has completed all work in accordance with the contract plans and specifications. The single change order, in the amount of $6,940.06, consisted of additional backfill for the median extension to cover areas omitted from the initial project scope and the difference between bid quantities and actual quantities placed as measured in the field. The final contract amount is $593,679.06.
Environmental Review:
The action of acceptance of public improvements, which was the subject of a prior environmental determination, is not considered a Project as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15378(b)(5) no environmental review is required.
Fiscal Impact:
This project was primarily funded through a Highway Safety Improvement Program (HSIP) grant administered by the California Department ofTransportation (Caltrans) with a total allocation amount of $656,723.00 and is eligible for reimbursement to the City. The remainder of the funds for this project, totaling $75,000, was appropriated from carryover TransNet funds, a regional half-cent sales tax dedicated to improving transportation infrastructure in San Diego County. These funds, which support projects such as road repairs, public transit enhancements, and traffic congestion relief, were used as the required local match for the grant. Sufficient funds are available in the project account (ST018) for the release of retention.
Public Notification:
None.
Attachments:
None.
Reviewed/Approved By:
Assistant City Manager
2 of2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
March 18, 2025, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Pow ay
CITY COUNCIL
March 18, 2025
Honorable Mayor and Members of the City Council
Jodene Dunphy, Human Resources & Risk Management Director ~ Julie Procopio, Development Services Department Director lf U Lenai Bustos, Management Analyst - Human Resources
(858) 668-4443 [email protected]
Minor Personnel Adjustments in the Department of Development Services The Development Services Department currently has vacancies in the positions of Principal Civil Engineer in the Capital Improvement Program Engineering Division, as well as the Development Services Aide, which supports both Planning and Engineering at the Department's busy front counter.
The vacancies provided an opportunity for the Director of Development Services to evaluate why the positions are currently vacant and work with her team and Human Resources to develop creative solutions to address recruitment and retention challenges with these and other related engineering positions, such as Associate Civil Engineer. Although the City Manager has the authority to reclassify positions already approved in the City of Poway Position Classification Plan, as well as authority to make changes to existing job classifications, City Council authority is required to establish new classifications. The recommended personnel adjustments do not add new Full-Time Equivalent (FTE) positions and are anticipated to be cost neutral.
Recommended Action:
It is recommended the City Council approve a resolution approving changes to the City of Poway Position Classification Plan, the Management/Confidential Salary Schedule and the Non-Safety Salary Schedule to reflect the addition of Capital Projects Manager, Associate Engineer and Development Services Technician classifications and the elimination of the Development Services Aide classification, effective March 18, 2025.
Discussion:
The City's ability to recruit and retain highly qualified and talented employees at the appropriate classification levels remains one of the City's priorities to ensure positions are structured for success in providing high-quality projects, services and programs to the Poway community. The Principal Civil Engineer position has been vacant since the beginning of January, and the recruitment for the position 1 of 8
March 18, 2025, Item #5
has been challenging. Public sector engineering positions compete with the private sector, which traditionally have higher pay and more flexible work schedules. The primary responsibility of the Principal Civil Engineer is to oversee the City's Capital Improvement Program (CIP), which currently consists of 76 approved projects with an estimated budget of approximately $86 million. The requirements for the position include a Professional Engineering (PE) license, which allows an engineer to sign and seal engineering drawings for projects but is not essential for managing capital projects. Designs are generally prepared under the supervision of a consultant engineer or the City Engineer who will sign and stamp the drawings. Staff recommends creating a new proposed classification of Capital Projects Manager, which would require more years of experience managing capital improvement projects but would not require a PE license. This would allow the City to expand the pool of candidates who are qualified to manage the City's Capital Improvement Program through their experience and education but may not have a PE license. Both the City Engineer and the Director of Development Services have PE licenses should the need arise for stamping and/or signing engineering drawings.
The Capital Improvement Projects Engineering Division has three full-time equivalent (FTE) Associate Civil Engineer positions budgeted that are currently being underfilled by Assistant Engineers because the City was unable to recruit Associate level engineers with PE licenses to fill the Associate Civil Engineer positions. To help retain the City's Assistant Engineers once they gain the experience needed to work at the Associate Engineer level, staff is also recommending the creation of an Associate Engineer classification, similar to the current Associate Civil Engineer position, but does not require a PE license. Once the Assistant Engineers have the qualifying exper ience of the Associate level and are performing well, the City would like to have the option to promote engineers from within the department to this classification if they do not have their PE license at that time. Adding the new classification allows the City more options to fill the Associate level positions and provide a path for promotions if PE licenses are obtained by Assistant and Associate Engineers.
The Development Services Aide position has experienced consistent turnover primarily due to the lower classification and compensation level given the demanding duties performed by the position at the Department's busy front counter. After analyzing the San Diego market of cities, no other cities have a comparable Aide position in Planning and/or Engineering. However, twelve cities have a comparable Technician position. Staff is recommending the City Council approve the new classification of Development Services Technician to better compete within the market for the position, which will help in recruitment and retention efforts, and eliminate the Development Services Aide classification from the City's Position Classification Plan and Non-Safety (Teamsters) Salary Schedule.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The overall fiscal impact is anticipated to be cost neutral as there are no estimated annual cost increases for the addition of the two new classifications of Capital Project Manager and Associate Engineer as these are not new FTEs and, if utilized, would result in savings due to underfilling budgeted FTEs already approved at higher levels. The cost estimate of establishing the Development Services 2 of 8
March 18, 2025, Item #5
Technician and eliminating the Development Services Aide position is $25,488 annually, which would be offset by the overall savings of underfilling the Principal Civil Engineer and Associate Civil Engineer positions.
Public Notification:
Representatives of Teamsters were provided a copy of this report.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Mariager
3 of 8
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
c~
City Manager
March 18, 2025, Item #5
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CHANGES TO THE CITY
OF POWAY POSITION CLASSIFICATION PLAN, THE CITY OF
POWAY MANAGEMENT/CONFIDENTIAL SALARY SCHEDULE
AND THE CITY OF POWAY NON-SAFETY SALARY SCHEDULE
WHEREAS, the City of Poway is committed to ensuring the effective organization of city resources to provide the highest quality services, projects and programs for the Poway community;
WHEREAS, three new position classifications have been identified as the appropriate levels to broaden the pool of qualified candidates for recruitments of positions in the Development Services Department that support and enhance customer service to, and the quality of life for, the Poway community;
WHEREAS, the three new classifications will help address recruitment and retention efforts in various positions that support engineering services; WHEREAS, the City Council must approve new classifications added to the City of Poway Position Classification Plan and changes to the Salary Schedules, and the new classification specifications are on file in the Human Resources and Risk Management Department and available on the City's website after approval by the Council; and WHEREAS, the City Council approves the personnel changes reflected in the City of Poway Position Classification Plan, attached hereto as "Exhibit A", City of Poway Management/Confidential Salary Schedule attached hereto as "Exhibit B", and City of Poway Non-Safety Salary Schedule attached hereto as "Exhibit C".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the following personnel changes are authorized effective March 18, 2025:
SECTION 1: Creation of Capital Projects Manager, Associate Engineer and Development Services Technician position classifications added to the City of Poway Position Classification Plan and elimination of the Development Services Aide classification from the City of Poway Position Classification Plan.
SECTION 2: Addition of the Capital Projects Manager salary to the Management/Confidential Salary Schedule at Grade 720 with a monthly salary range of $10,691 - $12,995, and the Associate Engineer at Grade 630 with a monthly range of $8,560 - $10,406.
SECTION 3: Addition of the Development Services Technician to the Non-Safety Salary Schedule at Grade 420 with a monthly salary range of $5,096 - $6,195.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 18th day of March, 2025 by the following vote, to wit:
4 of 8 ATTACHMENT A
March 18, 2025, Item #5
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 8
Steve Vaus, Mayor
Resolution No. 25-
March 18, 2025, Item #5
Classification
Accountant
Accounting Technician II
Administrative Assistant I
Administrative Assistant II
Administrative Assistant III
Aquatics Coordinator
Assistant City Manager
Assistant Director of Finance Operations
Assistant Director of Public Works for Maintenance Operatior Assistant Director of Public Works for Utilities
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Engineer
Associate Planner
Box Office Attendant
Box Office Coordinator
Caoital Projects Manager
City Clerk
City Engineer
City Manager
City Planner
Code Compliance Officer
Community Outreach Coordinator
Construction Maintenance Crew Leader
Construction Maintenance Supervisor
Construction Maintenance Worker I
Construction Maintenance Worker II
Contract Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Customer Services Specialist
Customer Services Technician I
Customer Services Technician II
Deputy City Clerk
Deputy Fire Chief
Deputy Fire Marshal
Development Services Technician
Director of Community Services
Director of Development Services
Director of Finance
Director of Human Resources and Risk Management
Director of Public Works
Dock Attendant
Electrical, Instrumentation, and Controls Technician
6 of 8
EXHIBIT A
City of Poway
Position Classification Plan
Classification
Engineering Inspector
Engineering Technician I
Engineering Technician II
Equipment Mechanic
Executive Assistant to the City Manager
Facilities Maintenance and Special Districts Supervisor Facilities Maintenance Technician I
Facilities Maintenance Technician II
Finance Manager
Fire Battalion Chief
Fire Captain/Paramedic
Fire Chief
Fire Engineer/Paramedic
Fire Inspector
Firefighter/Paramedic
Fleet Maintenance Supervisor
Front of House Assistant
Front of House Coordinator
GIS Analyst
General Maintenance Worker
Human Resources Technician I
Human Resources Technician II
Information Technology Analyst
Intern
Interpretive Park Ranger
Lead Customer Services Field Worker
Lead Engineering Inspector
Lifeguard
Management Analyst
Management Assistant
Network and Computer Systems Administrator
Network and Computer Systems Analyst
Park Attendant
Park Ranger
Parks and Trails Area Manager
Parks Maintenance Crew Leader
Parks Maintenance Supervisor
Parks Maintenance Worker I
Parks Maintenance Worker II
Principal Civil Engineer
Principal Civil Engineer - Utilities
Public Works Operations Manager
Recreation Area Manager
Recreation Coordinator
Recreation Leader I
Classification
Recreation Leader II
Revenue and Operations Manager
Revenue and Operations Supervisor
SCADA, Electrical, Implementation and Controls Supervisor Senior Accountant
Senior Accounting Technician
Senior Administrative Assistant
Senior Administrative Assistant - Confidential
Senior Civil Engineer
Senior Code Compliance Officer
Senior Dock Attendant
Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Fire Inspector
Senior Human Resources Analyst
Senior Lifeguard
Senior Management Analyst
Senior Park Ranger
Senior Planner
Senior Utility Systems Mechanic
Senior Electrical, Instrumentation, and Controls Technician Special Projects Engineer
Stage Technician
Stormwater Maintenance and Construction Worker I
Stormwater Maintenance and Construction Worker II
Technical Theater Coordinator
Utilities Administrator
Utility Systems Mechanic
Utility Systems Mechanic Crew Leader
Utility Systems Supervisor
Warehouse Associate
Wastewater Utilities Crew Leader
Wastewater Utilities Supervisor
Wastewater Utilities Worker I
Wastewater Utilities Worker II
Water Treatment Plant Lead Operator
Water Treatment Plant Manager
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Utilities Crew Leader
Water Utilities Distribution Supervisor
Water Utilities Worker I
Water Utilities Worker II
Revised March 18, 2025
March 18, 2025, Item #5
EXHIBIT B
City of Poway
Management/ Confidential Salary Schedule
Effective March 18, 2025
Classification Title I
Appro x. Monthly I Hourly
Salarv Ranee
City Manager 27,117
lr: , n, on 1 Ov omn, At.i.lill Min - Max Min Max
Assistant City Manager 14,854 - 20,795 85.6984 119.9776 Director of Community Services 14,147-19,805 81 .6178 114.2645 Director of Development Services 14,147-19,805 81 ,6178 114.2645 Director of Finance 14,147-19,805 81 .6178 114,2645
Director of Human Resources & Risk Management 14,147-19,805 81 .6178 114.2645 Director of Public Works 14,147-19 ,805 81 .6178 114.2645 Fire Chief 14,147 -19 ,805 81 .6178 114.2645
Classification Title
I Grade I Appro x. Monthly I Step 1 I Step 2 I Step 3 I Step4 I Step 5 Salarv Ranee
Group 2A ExemPt At-Will
Assistant Director of Public Works for Utilitie s 870 15,484-18,821 89.3298 93.7963 98.4861 103.4104 108.5809 Assistant Director of Public Works for Maintenance Operations 760 11,801 - 14,344 68.0822 71 .4863 75.0607 78.8137 82.7545 Assistant Director of Finance Operations 760 11,801 - 14,344 68.0822 71.4863 75.0607 78.8137 82.7545 Capital Projects Manager 720 10,691 - 12,995 61.6791 64.7632 68.0013 71.4013 74.9714 City Clerk 740 11,232 - 13,653 64.8017 68.0417 71 .4438 75.0160 78.7668 City Engineer 800 13,026 - 15,833 75.1501 78.9076 82.8530 86.9957 91 .3454 City Planner 760 11 ,801 - 14,344 68.0822 71.4863 75.0607 78.8137 82.7545 Deputy Fire Chief 850 14,738 -17,914 85.0254 89.2767 93.7405 98.4275 103.3490 Deputy Fire Marshal 620 8,352 - 10,152 48.1837 50.5929 53.1224 55.7786 58.5675 Finance Manager 720 10,691 - 12,995 61.6791 64.7632 68.0013 71 .4013 74.9714 Fire Battalion Chief (not at-will/2912 hrs/yr) 630 8,561 - 10,406 49.3882 51.8577 54.4505 57.1730 60.0318 Parks and Trails Area Manager 620 8,352 - 10,152 48.1837 50.5929 53.1224 55.7786 58.5675 Principal Civil Engineer 750 11,513 - 13,994 66.4217 69.7428 73.2299 76.8914 80.7360 Principal Civil Engineer - Utilities 771 12,309 -14,962 71.0149 74.5655 78.2940 82.2086 86.3190 Public Works Operations Manager 681 9,770 - 11,876 56.3636 59.1818 62.1409 65.2479 68.5143 Recreation Area Manager 590 7,755 - 9,427 44.7432 46.9805 49.3295 51 .7960 54.3857 Revenue and Operations Manager 731 11,060 - 13,445 63.8058 66.9958 70.3457 73.8630 77.5660 Water Treatment Plant Manaeer 750 11,513 -13,994 66.4217 69.7428 73.2299 76.8914 80.7360 Group 2B Exempt
Accountant 520 6,524 - 7,930 37.6410 39.5233 41.4998 43.5738 45.7521 Associate Civil Engineer 640 8,775 - 10,666 50.6229 53.1542 55.8118 58.6025 61.5325 Associate Engineer 630 8,561 - 10,406 49.3882 51 .8577 54.4505 57.1730 60.0318 Associate Planner 550 7,026 - 8,540 40.5353 42.5624 44.6908 46.9242 49.2701 Community Outreach Coordinator 601 8,004 - 9,729 46.1770 48.4839 50.9090 53.4536 56.1278 Deputy City Clerk 571 7,433 - 9.034 42.8800 45.0220 47.2742 49.6371 52.1201 GISAnalyst 571 7,433 - 9,034 42.8800 45.0220 47.2742 49.6371 52.1201 Information Technology Analyst 580 7,566-9,197 43.6520 45.8346 48.1263 50.5326 53.0592 Management Analyst 531 6,734-8,185 38.8471 40.7877 42.8280 44.9688 47.2183 Network and Computer Systems Analyst 550 7,026 - 8,540 40.5353 42.5624 44.6908 46.9242 49.2701 Network and Computer Systems Admini strator 631 8,619 - 10,477 49.7276 52.2119 54.8234 57.5638 60.4434 Revenue and Operations Supervisor 631 8,619 - 10,477 49.7276 52.2119 54.8234 57.5638 60.4434 Senior Accountant 590 7,755 - 9,427 44.7432 46.9805 49.3295 51.7960 54.3857 Senior Civil Engineer 720 10,691 - 12,995 61.6791 64.7632 68.0013 71.4013 74.9714 Senior Code Compliance Officer 510 6,365 - 7,737 36,7229 38.5592 40.4871 42.5114 44.6370 Senior Fire Safety Inspector 541 6,902 - 8,389 39.8182 41 .8074 43.8987 46.0930 48.3987 Senior Human Resources Analyst 640 8,775 -10,666 50.6229 53.1542 55.8118 58.6025 61.5325 Senior Management Analyst 610 8, 148 - 9,904 47,0084 49.3589 51.8268 54.4181 57.1391 Senior Planner 631 8,619 - 10,477 49.7276 52.2119 54.8234 57.5638 60.4434 Special Projects Engineer 610 8, 148 - 9,904 47.0084 49.3589 51.8268 54.4181 57.1391 Utilities Administrator 670 9,449 - 11,486 54.5154 57.2412 60.1033 63.1084 66.2638 Water Utilities Distribution Supervisor 680 9,686 - 11,773 55.8783 58.6722 61 .6058 64.6861 67.9204 Group 3 Non-Exempt
Assistant Engineer 571 7,433 - 9,034 42.8800 45.0220 47.2742 49.6371 52.1201 Assistant Planner 491 6,100 - 7,415 35.1935 36.9516 38.8002 40.7395 42.7774 Code Compliance Officer 461 5,665 - 6,885 32.6807 34.3133 36.0298 37.8307 39.7230 Construction Maintenance Supervisor 531 6,734-8,185 38.8471 40.7877 42.8280 44.9688 47.2183 Facilities Maintenance and Special Districts Supervisor 540 6,855 - 8,332 39.5466 41.5239 43.6001 45.7801 48.0691 Fire Safety Inspector 520 6,524 - 7,930 37.6410 39.5233 41.4998 43.5738 45.7521 Fleet Maintenance Supervisor 590 7,755 - 9,427 44.7432 46.9805 49.3295 51 .7960 54.3857 Management Assistant 491 6,100- 7,415 35.1935 36.9516 38.8002 40.7395 42.7774 Parks Maintenance Supervisor 520 6,524 - 7,930 37.6410 39.5233 41.4998 43.5738 45.7521 SCADA, Electrical, and Instrumentation Controls Supervisor 720 10,691 - 12,995 61.6791 64.7632 68.0013 71.4013 74.9714 Senior Accounting Technician 460 5,626 - 6,838 32.4576 34.0807 35.7852 37.5734 39.4519 Utility Systems Supervisor 670 9,449 - 11,486 54.5154 57.2412 60.1033 63.1084 66.2638 Wastewater Utilities SuPervisor 680 9,686 - 11 ,773 55.8783 58.6722 61 .6058 64.6861 67.9204 Group 4 Non-ExemPt
Accounting Technician II 380 4,618-5,613 26.6394 27.9717 29.3706 30.8382 32.3801 Executive Assistant to the City Manager 500 6,210- 7,548 35.8273 37.6187 39.4995 41.4745 43.5482 Human Resources Technician I 412 5,007 - 6,086 28.8849 30.3279 31 .8450 33.4367 35.1094 Human Resources Technician II 451 5,526-6 ,717 31 .8836 33.4764 35.1510 36.9079 38.7541 Senior Administrative Assistant - Confidential 430 5,224 - 6,350 30.1401 31 .6474 33.2301 34.8907 36.6349 7 of 8
March 18, 2025, Item #5
Classification Title (In alphabetical order)
Administrative Assistant I
Administrative Assistant II
Administrative Assistant Ill
Aquatics Coordinator
Box Office Coordinator
Construction Maintenance Crew Leader
Construction Maintenance Worker I
Construction Maintenance Worker II
Contract Specialist/Inspector
Cross-Connection Specialist
Customer Services Field Worker
Customer Services Specialist
Customer Services Technician I
Customer Services Technician II
Development Services Technician
Electrical, Instrumentation, and Controls Technician
Engineering Inspector
Engineering Technician I
Engineering Technician II
Equipment Mechanic
Facilities Maintenance Technician I
Facilities Maintenance Technician II
Front of House Coordinator
Interpretive Park Ranger
Lead Customer Services Field Worker
Lead Customer Services Technician
Lead Engineering Inspector
Park Ranger
Parks Maintenance Crew Leader
Parks Maintenance Worker I
Parks Maintenance Worker II
Recreation Coordinator
Recreation Leader I
Senior Administrative Assistant
Senior Electrical, Instrumentation, and Controls Technician Senior Equipment Mechanic
Senior Facilities Maintenance Technician
Senior Lifeguard
Senior Park Ranger
Senior Utility Systems Mechanic
Stormwater Maintenance and Construction Worker I
Stormwater Maintenance and Construction Worker II
Technical Theater Coordinator
Utility Systems Mechanic
Utility Systems Mechanic Crew Leader
Warehouse Associate
Wastewater Utilities Crew Leader
Wastewater Utilities Worker I
Wastewater Utilities Worker II
Water Treatment Plant Lead Operator
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator Ill
Water Utilities Crew Leader
Water Utilities Worker I
Water Utilities Worker II
8 of 8
EXHIBIT C
City of Poway
Non-Safety Salary Schedule
Effective March 18. 2025
I
Grade I
Approx .
I
Step 1 I Salary Range
270 3,519 - 4,277 20.3032
300 3,789 - 4,606 21.8643
360 4,395 - 5,342 25.3558
400 4,851 - 5,896 27.9881
370 4,504 - 5,475 25.9897
440 5,354 - 6,508 30.8936
320 3,981 - 4,839 22.9711
370 4,504 - 5,475 25.9897
500 6,210 - 7,548 35.8273
540 6,854 - 8,331 39.5466
430 5,224 - 6,350 30.1401
500 6,210 - 7,548 35.8273
330 4,081 - 4,960 23.5454
370 4,504 - 5,475 25.9897
420 5,096 - 6. 195 29.4050
570 7,381 - 8,972 42.5874
520 6,524 - 7,930 37.6410
440 5,354 - 6,508 30.8936
480 5,910 ' 7,184 34.1009
420 5,096 - 6, 195 29.4050
370 4,504 - 5,475 25.9897
400 4,851 - 5,896 27.9881
370 4,504 - 5,475 25.9897
400 4,851 - 5,896 27.9881
470 5,766 - 7,009 33.2691
410 4972 - 6044 28.6878
560 7,201 - 8,753 41.5486
320 3,981 - 4,839 22.9711
400 4,851 - 5,896 27.9881
320 3,981 - 4,839 22.9711
360 4,395 - 5,342 25.3558
370 4,504 - 5,475 25.9897
210 3,034 - 3,688 17.5074
420 5,096 - 6,195 29.4050
650 8,994 - 10,932 51.8885
490 6,058 - 7,364 34.9535
460 5,625 - 6,838 32.4576
370 4,504 - 5,475 25.9897
340 4,183 - 5,084 24.1340
570 7,381 - 8,972 42.5874
332 4, 113 - 4,999 23.7293
390 4,732 - 5,752 27.3055
370 4,504 - 5,475 25.9897
530 6,687 - 8,128 38.5820
590 7,755 - 9,426 44.7432
370 4,504 - 5,475 25.9897
560 7,201 - 8,753 41.5486
450 5,488 - 6,671 31.6660
520 6,524 - 7,930 37.6410
650 8,994 - 10,932 51.8885
480 5,910-7,184 34.1009
530 6,687 - 8, 1 28 38.5820
580 7,566- 9,196 43.6520
560 7,201 - 8,753 41.5486
440 5,354 - 6,508 30.8936
491 6,100 - 7,414 35.1935
Step 2 I Step 3 I Step4 I Step 5
21.3184 22.3845 23.5033 24.6783
22.9575 24.1054 25.3107 26.5761
26.6236 27.9549 29.3526 30.8202
29.3877 30.8575 32.3994 34.0193
27.2894 28.6543 30.0861 31 .5903
32.4386 34.0608 35.7629 37.5508
24.1200 25.3262 26.5918 27.9212
27.2894 28.6543 30.0861 31 .5903
37.6187 39.4995 41.4745 43.5482
41.5239 43.6001 45.7801 48.0691
31 .6474 33.2301 34.8907 36.6349
37.6187 39.4995 41.4745 43.5482
24.7230 25.9594 27.2566 28.6192
27.2894 28.6543 30.0861 31 .5903
30.8753 32.4191 34.0400 35.7420
44.7167 46.9525 49.3001 51 .7652
39.5233 41.4998 43.5738 45.7521
32.4386 34.0608 35.7629 37.5508
35.8061 37.5968 39.4757 41.4492
30.8753 32.4191 34.0400 35.7420
27.2894 28.6543 30.0861 31 .5903
29.3877 30.8575 32.3994 34.0193
27.2894 28.6543 30.0861 31 .5903
29.3877 30.8575 32.3994 34.0193
34.9328 36.6798 38.5128 40.4382
30.1225 31.6289 33.2095 34.8698
43.6260 45.8074 48.0978 50.5026
24.1200 25.3262 26.5918 27.9212
29.3877 30.8575 32.3994 34.0193
24.1200 25.3262 26.5918 27.9212
26.6236 27.9549 29.3526 30.8202
27.2894 28.6543 30.0861 31.5903
18.3828 19.3020 20.2669 21 .2800
30.8753 32.4191 34.0400 35.7420
54.4829 57.2070 60.0675 63.0708
36.7011 38.5361 40.4629 42.4862
34.0807 35.7852 37.5734 39.4519
27.2894 28.6543 30.0861 31 .5903
25.3408 26.6078 27.9382 29.3351
44.7167 46.9525 49.3001 51.7652
24.9158 26.1616 27.4697 28.8431
28.6710 30.1049 31 .6092 33.1896
27.2894 28.6543 30.0861 31.5903
40.5111 42.5367 44.6634 46.8967
46.9805 49.3295 51.7960 54.3857
27.2894 28.6543 30.0861 31 .5903
43.6260 45.8074 48.0978 50.5026
33.2493 34.9118 36.6573 38.4902
39.5233 41.4998 43.5738 45.7521
54.4829 57.2070 60.0675 63.0708
35.8061 37.5968 39.4757 41.4492
40.5111 42.5367 44.6634 46.8967
45.8346 48.1263 50.5326 53.0592
43.6260 45.8074 48.0978 50.5026
32.4386 34.0608 35.7629 37.5508
36.9516 38.8002 40.7395 42.7774
March 18, 2025, Item #5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
March 18, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Service-Cf
Mary Piscitelli, Associate Planner
858-668-4604/ [email protected]
General Plan Implementation Annual Progress Report for 2024
CITY COUNCIL
State law requires the planning agency of a local government to provide an annual report to its legislative body on the status of the General Plan (GP) and the progress made in its implementation .
The report also provides an update on progress made in meeting the City's share of regional housing needs. The attached report provides a list of projects and programs the City completed or undertook during the 2024 calendar year. The projects and programs were determined to be consistent with the goals, policies and strategies of the Poway GP and demonstrate progress was made in the implementation of the GP.
Recommended Action:
It is recommended the City Council receive and file this report and authorize submittal to the State Department of Housing and Community Development (HCD), the State Office of Planning and Research (OPR) and the San Diego Association of Governments (SAN DAG).
Discussion:
Government Code Section 65400(a)(2) requires an annual report be provided to the City Council on the status of the implementation of the GP. The report must address the City's progress in its GP implementation , including the progress in meet ing its share of regional housing needs. The Annual Report should also include a discussion of constraints to the maintenance, improvement and development of housing.
The intent of the required annual report is to ensure the GP directs all land use decisions and remains an effective guide for future development. Since the GP acts as a long-term guide for the physical development of the City, and a periodic update is required to reflect current circumstances, it is important the City annually review the GP and its implementation .
The information shown in the Annual Report (Attachment A) provides a list of projects and programs implemented by the City during the 2024 calendar year as of December 31, 2024, in compliance with the direction of the various goals, policies and strategies of the GP. 1 of 44
March 18, 2025, Item #6
The information provided in the report is intended to assist the City Council in determining the success of implementing the policies in the GP. The 2024 Annual Report addresses the goals of the following elements of the City's GP:
:!: Community Development/Land Use Element
• New development applications submitted in 2024 included five Development Review (DR) applications, 25 Minor Development Review (MDRA), three Tentative Tract Maps (TTM) and seven Tentative Parcel Maps (TPM) (Chart 1 ). It should be noted ten of the 25 MDRAs were requests for the construction of custom single-family homes. Two TTM applications were time extension requests. Three of seven TPM applications were for Senate Bill 9 lot splits. ■ The Farm in Poway, approved by the City Council in June 2020 and subsequently approved by the Poway voters in the November 2020 general election, is a planned community spanning 117 acres that is redeveloping the decommissioned StoneRidge Country Club with 160 residential units and up to 30,000 square feet (sf) of non-residential buildings that can be used for educational, social, commercial and recreational uses. A three-acre park with grass amphitheater and dog park is also proposed in the center of the project site. In 2022, precise grading plans and landscape plans were approved for the residential and open space areas including the tot lot, community gardens, flower fields and trails. In 2023, 102 residences were approved for occupancy. In 2024, 57 residences were approved for occupancy, bringing the total homes approved for occupancy to 159. One home remains complete but has not yet been granted occupancy.
• On April 2, 2024, the City Council approved the Harmon Ranch Specific Plan, a 63-lot subdivision located at Oak Knoll Road. The subdivision was submitted in 2022 and included an Environmental Impact Report, a General Plan Amendment, a Zoning Map Amendment, a Tract Map and a Development Review as part of the Council's decision . The new Harmon Ranch Specific Plan sets the requirements for density, setback, height, minimum lot size, maximum allowable lot coverage and design standards within the area. Harmon Ranch commenced grading in 2024 and submitted Landscape Plans, Precise Grading Plans and Improvement Plans for review in 2024. Public amenities include a trail and a creek overlook. ■ Construction commenced on the Fairfield mixed-use development in 2022. The project consists of 212 multi-family residential apartment units, 11,364 sf of commercial space and 9,955 sf of quasi-public open space. The project included parking and landscape improvements to the former Big 'O' Tires site at 12947 Poway Road and a new intersection at Poway Road and Carriage Heights Way. The project site is on the south side of Poway Road between Carriage Road and Civic Center Drive. The project site falls within the Poway Road Specific Plan (PRSP) and is designated Town Center (TC). The project was completed in 2024. ■ Twenty-nine building permits were issued in 2024 for new single-family residential developments and 34 building permits were issued for Accessory Dwelling Units (ADU) for a total of 63 units.
■ In August 2024, the City Council approved the Nighthawk Battery Energy Storage System (BESS), located at 13501 Kirkham Way, on the same site as the Granite Mine. This project included an amendment to the South Poway Specific Plan (SPSP) to redesignate two pad sites 2 of44
March 18, 2025, Item #6
on the property from Mineral Resource Extraction to Light Industrial, a Development Review for the three main aspects of the project (the BESS facility, the substation and the gen-tie line connecting the site to the Miramar power substation to the south of Poway), an Addendum to the Environmental Impact Report (EIR)/Supplemental EIRs for the SPSP, and a Community Benefits Agreement. Construction began on the gen-tie and substation portions of the project site in late September 2024, with the main BESS site expected to be completed before June 2025. Since this project incurred a habitat take for the pad location, a Habitat-in-Lieu fee was paid in 2024.
■ In 2024, new commercial businesses located in Poway: Trader Joe's, located at 13644 Poway Road, Amazon Fresh, located at 14837 Pomerado, Raising Cane's restaurant submitted a building permit application to locate at 12665 Poway Road, Better Buzz Coffee submitted a building permit application to locate at 12612 Poway Road, Boot Barn submitted a building permit application to locate at 13644 Poway Road, Five Below submitted a building permit application to locate at 13428 Poway Road, and Starbread Bakery submitted a building permit to locate at 12318 Poway Road.
■ In late 2024, City staff met with the owners and agents for Meadowbrook Tentative Map, a proposed subdivision to create 16 residential lots including one affordable home. The developer is making revisions to the project which has not been formally submitted to the City. An Environmental Impact Report (EIR) and Development Review (DR) will be required. ■ In 2024, based on feedback from the community, an amendment to the Old Poway Specific Plan to allow outdoor music in the commercial areas was initiated. Dudek is the selected consultant, and work is underway with completion anticipated by summer 2025. ■ In 2024, a proposed development had a Pre-Development Conference with the City Council for a 47-unit condominium (for sale) mixed-use development at 13044-13056 Poway Road (currently an equipment rental yard). This proposal includes street-facing ground floor commercial use with two live/work units. The project proponent is working to prepare materials for the Development Review and Tentative Tract Map application submittal in 2025. ■ In September 2024, EnviroMine submitted a Reclamation Plan Amendment for the Granite Mine site at 13501 Kirkham Way. Included in the Amendment is the Habitat Restoration Plan, originally approved in 2004. Planning, Engineering, Fire and Public Works are reviewing the project. An addendum to the EIR/SEIR has been submitted. ■ In December 2024, Planning staff met with the owners and agents for The Farm for the proposed Open Space Recreation vacant lots (Lots AA-FF) at the northeast quadrant of Espola Road and Goodeve Drive. The owner and agents proposed boutique commercial uses to be in substantial conformance with the Farm in Poway Specific Plan. This proposal may require a minor modification to the Conditional Use Permit and Development Review Permit. ■ Planning staff began meeting with the owner and agent of the Farm for the Meadow Park landscaping . The original Landscape Plan, submitted in 2022, required revision,s due to rock encountered in the slope during grading. Updated landscape plans and precise grading plan will be resubmitted in 2025.
3 of 44
March 18, 2025, Item #6
::;: Housing Element
■
■
■
■
■
The City of Poway Housing Element Update Uune 30, 2020 to April 15, 2029) was adopted by the City Council on August 3, 2021. After multiple revisions and discussions with HCD staff, on March 23, 2024, the City received a letter from HCD confirming the Poway Housing Element met the statutory requirements of the Housing Element law and will be in full compliance with the State law after adoption by the City Council and submittal to HCD for final approval.
Approval of the item was covered by the Negative Declaration, adopted by the City Council in August 2021, so no further CEQA review was required. On April 2, 2024, the City Council unanimously approved the General Plan Amendment GPA 24-001 and GPA 21-002 for the Adoption of the City of Poway 2020-2029 Housing Element.
In July 2022, the City Council approved the McKee Orchard subdivision at the terminus of Holly Oak Way and south ofTwin Peaks Road. The subdivision utilizes a density bonus for 20 single family residences, one of which will be affordable to a household at the very low-income level.
During 2024, 5 homes were granted occupancy, including the affordable unit.
In 2024, staff began working to evaluate updates to the Poway Municipal Code required by the Housing Element. An on-call consultant for SANDAG's Housing Assistance Program, Ascent Environmental and Planning Consultants, is providing research to the City on Objective Design Standards (ODS) used by other agencies in the region to address required revisions.
With the adoption of revised ADU regulations in 2019, a total of 34 building permits were issued for ADUs in 2024. Based on comparable rents analysis, staff determined ADUs are typically affordable to moderate-income households. ADUs are expected to play a significant role in meeting the City's Regional Housing Needs Allocation (RHNA) and meeting fair-housing initiatives within the current housing element cycle.
For the current Housing Element Cycle (6th Cycle), SANDAG has allocated a total of 1,319 housing units for Poway, distributed in the four income categories. The breakdown of units allocated for the different affordability levels is shown below with the number of units remaining to be permitted in the current Housing Element Cycle:
RH NA Allocation Units Produced in Units Remaining
Housing Income Categories {6th Cycle) 2024 {6th Cycle)
Very Low 468 0 453
Low 268 0 200
Moderate 241 34 97
Above Moderate 342 29 (8)
Total
■
4 of 44
1319 63 742
Construction for the Poway Commons development consisting of 141 residential units began in 2020 and was completed in 2023. Forty-three of the 141 units, known as the Poway Commons Apollo Apartments, are affordable to seniors within very low and low-income households.
March 18, 2025, Item #6
■
On August 17, 2022, the Poway Housing Authority and Wakeland Housing and Development Corporation (Developer) executed an Exclusive Negotiating Rights Agreement for the potential development of 60 affordable rental units targeting developmentally disabled adults and military veterans. An Affordable Housing Agreement, Ground Lease and Land Use Entitlements were approved on November 19, 2024 for 18 extremely low, ten very low and 31 low income units. The Developer has until December 31, 2027 to complete construction and begin occupancy.
::!: Transportation Element
■
■
■
■
As part of the street maintenance program in 2024, approximately 22 miles of roadway were slurry sealed. Various street overlays were performed totaling approximately 2.5 miles in length.
The City applied for, and was awarded, a Highway Safety Improvement Program (HSIP) grant in 2021 for safety improvements along Poway Road. The HSIP is a federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads. The grant application includes installation of directional medians at four non signalized locations along Poway Road to restrict left turns onto Poway Road while still allowing drivers to turn left into shopping centers along the street. The application also includes upgrades to five signalized intersections along Poway Road between Pomerado Road and Midland Road. The design of this project started in January 2024 and construction occurred during 2024. Project completion is anticipated in early 2025.
The Public Works Department operates and maintains 59 signalized intersections in the City, Forty-three of the signalized intersections currently have controllers that have been discontinued or are no longer manufactured and will be difficult replace in case of failure. In Fiscal Year 2024, the City approved a project to replace the obsolete controllers and improve the traffic signal communication system. The chosen controller is an advanced transportation controller and is configurable for use with the City's traffic management applications.
Replacement of the controllers meets the City's goals of replacing aging signal components and more efficiently managing, controlling and operating the City's traffic signal system. The design of this project started in August 2023, and construction occurred in 2024. Project completion is anticipated in early 2025.
In August 2023, the City's Traffic Safety Committee (TSC) supported staffs recommendation to install improvements to address safety concerns expressed by residents on Midland Road.
The improvements consist primarily of replacement of existing warning signs with fluorescent yellow-green signs, rapid flashing beacon signs and a speed feedback sign. In October 2023 the City Council approved the proposed safety improvements along with funding for the project. Construction was completed in 2024.
~ Public Facilities Element
■ The City operates cultural, historical and outdoor recreation facilities enjoyed by residents and visitors from all over the region. Poway is home to 18 parks, 21 sports fields, the Mickey Cafagna Community Center, a swim center, a skate park, joint-use school facilities, the Poway Center for the Performing Arts, the Kumeyaay lpai Interpretive Center, the Blue Sky Ecological Reserve and the Poway branch of the San Diego County Library. 5 of 44
March 18, 2025, Item #6
• In 2024, the Community Services and Development Services Departments worked together to complete the replacement of the upper playground at Lake Poway Park with play equipment designed to improve accessibility. Community Services and Public Works worked together to complete upgrades of basketball courts in four parks and restroom remodels in two parks. • The PCPA is a state-of-the-art professional theater designed for professional and student performances ranging from major plays and concerts to appearances by individual artists. It is a City owned building located on the Poway High School campus. The PCPA multi-year phased project is the first comprehensive maintenance program to replace much of the mechanical, plumbing and electrical equipment in the facility as well as replace interior finishes and roofing system. At this point in the building's lifespan, most of the equipment has outlived its standard, useful life and needs replacement. The design of this multi-year phased construction project began in August 2023. Major components of this project are under review with the Division of State Architects (DSA), the Building Code authority for buildings located on school sites.
• In 2024, the Community Services and Development Services Departments worked together on the replacement of the roof at the PCPA, since re-roofing with in-kind roof material is exempt from DSA review. Additional repairs and replacements not requiring DSA approval are anticipated for construction in the summer of 2025 including heating, ventilation and air conditioning replacement and plumbing and electrical upgrades. ::r: Facility Utilization
• Lake Poway Recreation Area continued to be the destination for outdoor enthusiasts who enjoyed hiking, fishing, boating and picnicking. A total of 20,577 fishing permits were purchased, 8,200 boats were rented, and 573 archery cards were sold. Parking permits were issued to 31,400 non-resident visitors to Lake Poway. Lake Poway hosted the 29th Annual Youth Fishing Derby with 450 youth and their families in attendance. Summer Day Camp provided outdoor fun and teen counselor training for 760 youth. Lake Poway hosted 10 seasonal camping opportunities for 3,000 people. Three of these cam pouts were themed and offered additional opportunities to the public the themes were Flora and Fauna, Earth Day, and Halloween. In addition, Lake Poway hosted four Summer Concerts for crowds totaling 7,500 people. The ever-popular Family Camp Outs sold out again this year. Those campouts were hosted for 350 families in the community.
• Blue Sky Ecological Reserve held 13 educational nature programs for the public, the largest being Hoot, Howl and Prowl for 175 visitors. The Kumeyaay-lpai Interpretive Center held 64 school tours and public tours. The tours meet the Poway Unified School District curriculum for local history. In addition, the Kumeyaay-lpai Interpretive Center hosted seven community programs, including a watercolor painting class.
• Community Park, which includes the Mickey Cafagna Community Center, was the hub for many recreation activities such as dance, art, sports, health/wellness, special interests and City-run program series including "Kid's Night Out" and "Teen Program Series." In 2024, 7,025 people of all ages and abilities were enriched by their choice of 524 contract class and camp offerings.
• In partnership with the Friends of Poway Seniors, the City continued expanding its older adult programming at the Mickey Cafagna Community Center. Offerings in 2024 included the 6 of 44
March 18, 2025, Item #6
Congregate Meal Program with monthly entertainment, which served 17,557 meals, monthly craft series, monthly movie series, holiday event series, health and wellness classes, and socialization programs.
• The Poway Community Swim Center had an annual attendance of 48,506 recreational and lap swim users, conducted swim classes and private swim lessons for 2,161 enrollees, and held two swim meets. Each swim meet had approximately 1,300 athletes and 4,000 attendees. • Old Poway Park brings history to life with buildings, surroundings and programs that reflect early 20th Century California . In 2024, visitors enjoyed the many park attractions including the antique steam engine train and other rolling stock at the Poway-Midland Railroad, the Heritage Museum, the historic Nelson House, and the Old Poway Pottery studio. The Farmers Market continued to draw large crowds. 1,330 students experienced local history through a fun and interactive guided tour, which also meets the Poway Unified School District curriculum for local history.
• Old Poway Park is well known for hosting large, historically themed community events including the "Old Fashioned Fourth of July," "Once Upon a Hallowe'en," a 2-day "Christmas in the Park," and "Rendezvous in Poway". The park also hosted three concerts as part of the Summer Concert Series and three Movies in the Park.
• The City's sports fields were utilized for 14,488 hours by 15 youth and adult sports organizations within the Poway Sports Association and various other outside sports groups. • Open play at the Poway Unified School District joint use gymnasiums attracted 12,073 recreation enthusiasts.
~ Resources Element
■ Development projects that impact habitat land are required to mitigate the impacts in accordance with Poway Subarea Habitat Conservation Plan (HCP). Mitigation is achieved through either dedication of Biological Conservation Easements (BCE) of similar quality habitat located within the HCP Mitigat ion Area or through payment of a Habitat Mitigation In-Lieu Fee.
The purpose of the In-Lieu Fee is to provide the City a funding source to use in acquisition of habitat land within the Mitigation Area for preservation and dedication. In 2024, $348,704.00 in In-Lieu fees were collected. Since the approval of the HCP, the City has collected over $2.6 million in In-Lieu fees and has spent approximately $1.8 million of the funds for the purchase of native habitat land.
■ In 2024, 11.82 acres of open space habitat land was preserved in the form of dedicated Biological Conservation Easements (BCE) and 13.01 acres in Open Space Easements (OSE). ■ In 2024, Planning staff began preparing documents necessary to rezone land over which BCEs and OSEs have been granted to the land use designation of Open Space-Resource Management (OS-RM). This effort will be submitted to the City Council for review and approval in 2025.
::: Safety Element
■ General Plan Public Safety Element Update: Since the City Council approved the Housing 7 of44
March 18, 2025, Item #6
Element update in 2024, the California Department of Housing and Community Development (CA HCD) mandates a subsequent update of the Safety Element for General Plans. Fire Department and Development Services Department (DSD) staff began meeting in April 2024 regarding this update. Fire Department staff drafted an update, with input from DSD Staff.
Staff expects to complete the Public Safety Element Update during 2025.
The City of Poway has many ongoing programs and maintenance projects that contribute to the implementation of GP policies. A brief overall description of these ongoing programs and maintenance projects are discussed in the report (Attachment A) along with the specific projects that implement the goals and policies of each element.
Pursuant to State law, the 2024 Annual Report will be sent to HCD and OPR. The Annual Report is also sent to SAN DAG.
The Housing Element 2024 Annual Progress Report is provided in a spreadsheet attached to the report for the Implementation of the GP in 2024 (Attachment B). The tables in the spreadsheet are part of a State-mandated template for the Housing Element Annual Progress Report.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA) Guidelines.
Fiscal Impact:
None.
Attachments:
A. Annual Report - Implementation of the General Plan in 2024 B. Housing Element 2024 Annual Progress Report Spreadsheet Reviewed/Approved By:
w~7lf.s~
Assistant City Manager
8 of 44
Reviewed By:
Alan Fenstermacher
City Attorney
March 18, 2025, Item #6
9 of 44
CITY OF POWAY
ANNUAL REPORT ON
IMPLEMENTATION OF THE
GENERAL PLAN IN 2024
Development Services Department
13325 Civic Center Drive
Poway, CA 92064
ATTACHMENT A
March 18, 2025, Item #6
TABLE OF CONTENTS
INTRODUCTION 3
IMPLEMENTATION OF THE GENERAL PLAN 3
• State-wide and Regional Issues
• Housing Element
• Transportation Element
• Public Facilities Element
• Public Safety Element
• Resources Element
• Community Development Element
DEVELOPMENT ACTIVITY 1 9
CAPITAL IMPROVEMENT PROGRAM 2 5
10 of 44
March 18, 2025, Item #6
INTRODUCTION
The California Government Code (Section 65400(a)(2)) requires the preparation of an annual report to advise the City Council of progress made toward accomplishing the goals of the Poway General Plan. This report covers the time period from January 1, 2024 to December 31, 2024, and provides information on the following:
A. The status of the General Plan and the City's progress in its implementation; and B. The City's progress in meeting its share of regional housing needs, and the City's efforts to remove governmental constraints to the maintenance, improvement and development of housing for all income levels, as well as for special housing needs.
State law also requires that a copy of the Annual Report be provided to the California Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI) before April 1st of each year. The San Diego Association of Governments (SANDAG) also requests a copy.
IMPLEMENTATION OF THE GENERAL PLAN
Section 65302 of the California Government Code mandates that a general plan contain at least seven elements: 1) Land Use Element; 2) Circulation Element; 3) Housing Element-which must be updated every four to eight years; 4) Conservation Element; 5) Open Space Element; 6) Noise Element; and 7) Safety Element. The City of Poway General Plan contains all of the required seven elements, although the names of some of the elements are different. The Poway General Plan is divided into six master elements:
• Community Development , which includes: Land Use, Community Design and Energy Conservation
• Public Facilities
• Transportation , which includes: Roadways, Public Transit, Bikeways, Pedestrian Facilities • Resources, which includes: Natural Resources, Prehistoric Resources, and Historic Resources
• Public Safety, which includes Emergency Services, Hazard Management • Housing
The purpose of the General Plan is to provide for the long-term planning of Poway's physical development through the establishment of general guidelines for decision making concerning land use, recreation, cultural resources, transportation and circulation , natural resource conservation/open-space , noise, safety, and housing goals and policies. While the General Plan is a policy document , it also provides background information and analysis relative to the policies that it contains .
The Poway General Plan was prepared as a comprehensive, internally consistent document that promotes sustainable development, and maintains the flexibility to provide the long-term perspective and direction to guide the community into the future.
The City of Poway Comprehensive Plan was originally adopted 42 years ago in 1983, and included the General Plan, the Zoning Development Code and an Environmental Analysis
11 of 44
March 18, 2025, Item #6
Section. In 1991 and 1996, the General Plan underwent major review and updates. The Environmental Analysis section was replaced with a Master Environmental Assessment (MEA).
The Housing Element was adopted by the City Council in 2021 and updated in April 2024 to cover the 2020-2029 planning cycle. A comprehensive amendment to the Transportation Element was adopted by the City Council in 2010. City staff will continue to comprehensively review the elements of the General Plan and complete any necessary revisions incorporating past amendments . An update is in process for the Public Safety Element in 2025, with a planned update for the Resources Element thereafter as required by State law.
Over the past 41 years, some notable accomplishments have been achieved in the City through implementation of the goals and policies of the General Plan. Key accomplishments include the following:
■ The appearance of Poway Road has realized improvements as a result of the adoption of the Poway Road Specific Plan (PRSP), which guides new development and redevelopment along Poway Road. In 2017, the PRSP was adopted in an effort to revitalize Poway Road. The adoption resulted in changes to the allowed land uses and the development standards . A key component of the Specific Plan encourages concentrated mixed-use development consisting of commercial uses, residential uses and public spaces in the Town Center area. ■ The City's economic base and employment opportunities (over 500 companies/ 18,000 jobs) have expanded because of the 700-acre South Poway Business Park.
■ The equestrian/pedestrian trails system in the City of Poway has expanded from three miles to approximately 80 miles.
■ Since 1983, the City (Poway's former Redevelopment Agency and the Poway Housing Authority) has participated in the development or rehabilitation of 790 affordable living units in the community (please note this number does not represent any rehabilitation or development using CDBG funds, only City funds).
State-wide and Regional Issues
Oversight of the former Poway Redevelopment Agency
• In April 2017, the City of Poway initiated a Request for Qualifications/Proposals (RFQ/P) process to identify a developer to acquire and develop City and Poway Housing Authority (Authority) owned properties within the Town Center area of the Poway Road Specific Plan. The RFQ/P process identified the development team of Meridian Development, LLC and Sudberry Properties, Inc. (collectively "Developers") as having the most qualified proposal. In December 2017, the City and the Authority entered into an Exclusive Negotiation Agreement (ENA) with the Developers. The ENA allowed the City, Authority and Developers to negotiate a Purchase, Sale, and Development Agreement (PSDA) for 98 for-sale, market-rate multi-family units, 44 affordable senior apartments and approximately 25,000 square feet of commercial development. In 2018, the City acquired four parcels (APNs 317-472-18, 317-472-23, 317-472-24 and 317-472-25) on the south side of Poway Road to facilitate the mixed-use development consistent with the vision of the Poway Road Corridor Specific Plan. Staff continued negotiations with the developer throughout 2018 and the PSDA was approved by the City Council on March 19, 2019.
Entitlements for 141 residential units and 584 square feet of commercial space was Page4 2024 City of Poway General Plan Implementation Annual Progress Report 12 of 44
March 18, 2025, Item #6
approved by the City Council in December 2019. The development is called Poway Commons and construction was completed in 2023.
City Staff reviewed the submissions and interviewed developers in 2021 in response to a Request for Qualification for the Monte Vista housing site for the development of at least 41 affordable apartment units. In August 2022, the Poway Housing Authority Board approved an Exclusive Negotiating Rights Agreement with Wakeland Housing and Development, Inc. (Developer) for the development of 60 affordable rental units for developmentally disabled adults and military veterans. An Affordable Housing Agreement, Ground Lease and Land Use Entitlements were approved by the Poway Housing Authority Board and the City of Poway City Council for execution on November 19, 2024. The Developer has until December 31, 2027 to complete construction and begin occupancy.
Regional Issues
While Poway's policies, plans and programs seek to maintain a high quality of life for its residents and businesses, the City does not exist unto itself. Poway actively participates in regional policies and plans established for the benefit of the San Diego County region. The San Diego Association of Governments (SANDAG) is a key regional public agency that serves as the forum for regional decision making, building consensus, making strategic plans, obtaining and allocating resources, and providing information on a broad range of topics relevant to the region's quality of life. Poway participates in the following SANDAG planning processes and programs:
• Participates as a voting member on the Environmental Mitigation Program (EMP) Committee for the TransNet Funding Program;
• Participated as a voting member on the Mobility Working Group Committee; • Participated as a voting member on the Sustainable Communities Working Group, including active involvement with the Regional Housing Needs Plan, Smart Growth site mapping and descriptions, as well as development of the San Diego Forward Regional Plan and Multimodal Hubs;
• Participated in the Regional Climate Action Planning Framework (ReCAP) Stakeholder Meeting and Inland Cities Energy Collaborative meetings; and • Participated in San Vicente Comprehensive Multimodal Corridor Plan (CMCP), including providing comments encouraging a multi-modal transit corridor along the SR-67 and Scripps Poway Parkway. The CMCP was approved in September 2022.
• City staff participated in the annual reports for the Water Quality Improvement Plans (WQIPs) for the San Dieguito and Los Penasquitos watersheds with other local jurisdictions.
• City staff participated in multiple committees with other co-permittees subject to the National Pollutant Discharge Elimination System (NPDES) Permit R9-2015-0100 including: Land Development Work Group, Monitoring Work Group and the Education Work Group.
• City staff meets bi-monthly with all utility agencies to discuss projects and resolve issues. • City staff participated in the following regional economic development-related events:
■ Poway Chamber of Commerce Board of Director's meetings (monthly);
13 of 44
March 18, 2025, Item #6
■ Poway Chamber of Commerce Government Affairs Committee (bi-monthly).
Housing Element
It is the goal of the City of Poway to provide adequate and appropriate housing opportunities to meet the needs of current and future residents.
The City of Poway Housing Element Update (June 30, 2020 to April 15, 2029) was adopted by the Poway City Council on August 3, 2021. After multiple revisions and discussions with HCD staff, on March 23, 2024, the City received a letter from HCD confirming the Poway Housing Element met the statutory requirements of the Housing Element law and will be in full compliance with the State law after adoption by the City Council and submittal to HCD for final approval.
Approval of the item was covered by the Negative Declaration, adopted by the City Council in August 2021, so no further CEQA review was required. On April 2, 2024, the City Council unanimously approved the General Plan Amendment GPA 24-001 and GPA 21-002 for the Adoption of the City of Poway 2020-2029 Housing Element.
With the adoption of the City's Housing Element Update in 2021 and updates in 2024, City staff continues to work on several Program Implementation tasks of the Housing Element including:
• In 2024, staff began working to evaluate updates to the Poway Municipal Code required by the Housing Element. An on-call consultant for SANDAG's Housing Assistance Program, Ascent Environmental and Planning Consultants, is providing research to the City on Objective Design Standards (ODS) used by other agencies in the region to address required revisions.
• In July 2022, the City Council approved the McKee Orchard subdivision at the terminus of Holly Oak Way and south of Twin Peaks Road. The subdivision utilizes a density bonus for 20 single-family residences, one of which will be affordable to a household at the very low-income level. During 2024, 5 homes were granted occupancy, including the affordable unit.
• In 2024, construction, which had been delayed due to development financing, resumed on the Poway Paseo housing development located at 13249-13253 Poway Road. This project consists of 72 multi-family residential apartment units, 15,871 square feet (SF) of commercial space. The project includes a wide pedestrian corridor, parkway and landscape improvements, and a restaurant row. This project site is within the Town Center land use designation of the Poway Road Specific Plan (PRSP). A Density Bonus of 45.6 Dwelling Unit/Acre was approved by the City Council in 2021. Nine of the residential units will be low-income (up to 80% of Area Median Income). Project completion is anticipated in 2026.
• On August 17, 2022, the Poway Housing Authority and Wakeland Housing and Development Corporation (Developer) executed an Exclusive Negotiating Rights Agreement for the potential development of 60 affordable rental units targeting developmentally disabled adults and military veterans. An Affordable Housing Agreement, Ground Lease and Land Use Entitlements were approved on November 19, 2024 for 18 extremely low, ten very low and 31 low income units. The Developer has until December 31, 2027 to complete construction and begin occupancy.
Page6 2024 City of Poway General Plan Implementation Annual Progress Report 14 of 44
March 18, 2025, Item #6
• Local ADU regulations were revised in 2019. A total of 35 building permits were issued for ADUs in 2024. Based on comparable rents analysis, staff has determined that ADUs are typically affordable to moderate-income households. ADUs are expected to play a significant role in meeting the City's Regional Housing Needs Allocation (RHNA) and meeting fair-housing initiatives within the upcoming housing element cycle.
Regional Housing Needs Assessment
• For the current Housing Element Cycle, SANDAG has allocated a total of 1,319 housing units for Poway distributed in the five income categories. The breakdown of units allocated for the different affordability levels is shown below with the amount of units remaining to be permitted in the current Housing Element Cycle:
RHNA Allocation Units Remaining
Units Produced in
Housing Income Categories (6th Cycle) 2024 (6th Cycle)
Very Low 468 0 453
Low 268 0 200
Moderate 241 34 97
Above Moderate 342 29 (8)
Total 1319 63 742
As part of the General Plan Annual Report, HCD requires an update on the City's efforts to implement its housing programs. Implementation programs from the adopted 2020-2029 Housing Element Update have been in effect. The City's completed Annual General Plan Progress Report for Housing Element Implementation is included as Attachment 8 of this report.
Transportation Element
It is the goal of the City of Poway to provide a safe, realistic, efficient, and integrated transportation system to serve the present and future mobility needs of all the residents of Poway. • As part of the street maintenance program in 2024, approximately 22 miles of roadway were slurry-sealed. Various street overlays were performed totaling approximately 4.5 miles in length.
• The City applied for, and was awarded, a Highway Safety Improvement Program (HSIP) grant in 2021 for safety improvements along Poway Road. The HSIP is a federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads. The grant application includes installation of directional medians at four non-signalized locations along Poway Road to restrict left turns onto Poway Road while still allowing drivers to turn left into shopping centers along the street.
The application also includes upgrades to five signalized intersections along Poway Road between Pomerado Road and Midland Road. The design of this project started in January
15 of 44
March 18, 2025, Item #6
2023 and construction occurred during 2024. Project completion is anticipated in early 2025.
• The Public Works Department operates and maintains 59 signalized intersections in the City of Poway. Forty-three of the signalized intersections currently have controllers that have been discontinued, are no longer manufactured, and would be difficult to replace in case of failure. In 2024, the City Council approved a project to replace the obsolete controllers and improve the traffic signal communication system. The chosen controller is an advanced transportation controller and is configurable for use with the City's traffic management applications. Replacement of the controllers meets the City's goals of replacing aging signal components and more efficiently managing, controlling and operating the City's traffic signal system. The design of this project started in August 2023, and construction occurred in 2024. Project completion_is anticipated in early 2025. • In August 2023, the City's Traffic Safety Committee (TSC) supported staff's recommendation to install improvements to address safety concerns expressed by residents on Midland Road. The improvements consist primarily of replacement of existing warning signs with fluorescent yellow-green signs, rapid flashing beacon signs and a speed feedback sign. In October 2023 the City Council approved the proposed safety improvements along with funding for the project. Construction was completed in 2024.
Public Facilities Element
It is the goal of the City of Poway to enhance the well-being of Poway residents by providing opportunities for relaxation, rest, activity, and education through a well-balanced system of private and public facilities distributed to serve the entire community.
Facilities
■ The City operates cultural, historical and outdoor recreation facilities enjoyed by residents and visitors from all over the region. Poway is home to 18 parks, 21 sports fields, the Mickey Cafagna Community Center, a swim center, a skate park, joint-use school facilities, the Poway Center for the Performing Arts (PCPA), the Kumeyaay lpai Interpretive Center, the Blue Sky Ecological Reserve and the Poway branch of the San Diego County Library.
• In 2024, the Community Services and Development Services Departments worked together to complete the replacement of the upper playground at Lake Poway Park with play equipment designed to improve accessibility. Community Services and Public Works worked together to complete upgrades of basketball courts in four parks and restroom remodels in two parks.
• The PCPA is a state-of-the-art professional theater designed for professional and student performances ranging from major plays and concerts to appearances by individual artists.
It is a City owned building located on the Poway High School campus. The PCPA multi year phased project is the first comprehensive maintenance program to replace much of the mechanical, plumbing and electrical equipment in the facility as well as replace interior finishes and roofing system. At this point in the building's lifespan, most of the equipment has outlived its standard, useful life and needs replacement. The design of this multi-year
16 of 44
March 18, 2025, Item #6
phased construction project began in August 2023. Major components of this project are under review with the Division of State Architects (DSA), the Building Code authority for buildings located on school sites.
• In 2024, the Community Services and Development Services Departments worked together on the replacement of the roof at the PCPA, since re-roofing with in-kind roof material is exempt from DSA review. Additional repairs and replacements not requiring DSA approval are anticipated for construction in the summer of 2025 including heating, ventilation and air conditioning replacement and plumbing and electrical upgrades.
Facility Utilization
• Lake Poway Recreation Area continued to be the destination for outdoor enthusiasts who enjoyed hiking, fishing, boating and picnicking. A total of 20,577 fishing permits were purchased, 8,200 boats were rented, and 573 archery cards were sold. Parking permits were issued to 31,400 non-resident visitors to Lake Poway. Lake Poway hosted the 29th Annual Youth Fishing Derby with 450 youth and their families in attendance. Summer Day Camp provided outdoor fun and teen counselor training for 760 youths. Lake Poway hosted 10 seasonal camping opportunities for 3,000 people. Three of these cam pouts were themed and offered additional opportunities to the public: the themes were Flora and Fauna, Earth Day, and Halloween. In addition, Lake Poway hosted four Summer Concerts for crowds totaling 7,500 people. The ever-popular Family Camp Outs sold out again this year. Those campouts were hosted for 350 families in the community. • Blue Sky Ecological Reserve held 13 educational nature programs for the public, the largest being Hoot, Howl and Prowl for 175 visitors. The Kumeyaay-lpai Interpretive Center held 64 school tours and public tours. The tours meet the Poway Unified School District curriculum for local history. In addition, the Kumeyaay-lpai Interpretive Center hosted seven community programs, including a watercolor painting class. • Community Park, which includes the Mickey Cafagna Community Center, was the hub for many recreation activities such as dance, art, sports, health/wellness, special interests and City-run program series including "Kid's Night Out" and "Teen Program Series." In 2024, 7,025 people of all ages and abilities were enriched by their choice of 524 contract class and camp offerings.
• In partnership with the Friends of Poway Seniors, the City continued expanding its older adult programming at the Mickey Cafagna Community Center. Offerings in 2024 included the Congregate Meal Program with monthly entertainment, which served 17,557 meals, monthly craft series, monthly movie series, holiday event series, health and wellness classes, and socialization programs.
• The Poway Community Swim Center had an annual attendance of 48,506 recreational and lap swim users, conducted swim classes and private swim lessons for 2,161 enrollees, and held two swim meets. Each swim meet had approximately 1,300 athletes and 4,000 attendees.
• Old Poway Park brings history to life with buildings, surroundings, and programs that reflect early 20th Century California. In 2024, visitors enjoyed the many park attractions including the antique steam engine train and other rolling stock at the Poway-Midland
17 of 44
March 18, 2025, Item #6
Railroad, the Heritage Museum, the historic Nelson House, and the Old Poway Pottery studio. The Farmers Market continued to draw large crowds. 1,330 students experienced local history through a fun and interactive guided tour, which also meets the Poway Unified School District curriculum for local history.
• Old Poway Park is well known for hosting large, historically themed community events including the "Old Fashioned Fourth of July," "Once Upon a Hallowe'en," a 2-day "Christmas in the Park," and "Rendezvous in Poway". The park also hosted three concerts as part of the Summer Concert Series and three Movies in the Park. • The City's sports fields were utilized for 14,488 hours by 15 youth and adult sports organizations within the Poway Sports Association and various other outside sports groups.
• Open play at the Poway Unified School District joint use gymnasiums attracted 12,073 recreation enthusiasts.
• The Community Services Department Staff issued 7 43 facility rental permits for picnics, meetings, events, and weddings.
• The Poway Center for the Performing Arts is owned and operated by the City and gives the community the opportunity to enjoy live performances, cultural and educational presentations, and art exhibits. Primary presenters include community-based arts organizations, the Poway Unified School District, and the nonprofit corporation Poway OnStage. City staff provides all professional-level theater services and coordinates eight weeks of arts-based summer camps. In total there were 107 rehearsals and 144 performances with 61,106 attendees.
• During the past year, the San Diego County Library acquired four Electric Transit Vans (EVs) after receiving a California State Libraries Stronger Together grant in 2021. The EVs have been outfitted to function as Mobile Library Services to be used for outreach.
Poway library's Branch Manager and Assistant Branch Manager have been selected and trained to test the vehicles as part of the pilot project. The Poway Library also collaborated with San Diego Workforce Partnership to host two very successful Job Fairs and Job Readiness Workshops. More than 300 people attended each session and received valuable information to assist them with their job search and employment. For the second year in a row, the Poway Library partnered with Feeding San Diego to host weekly food distribution for those in need. This partnership was able to provide food to close to 200 individuals each week. The Poway Library strives to provide diverse programs that bring in a wide range of cultures and ethnicities. The Poway Library continues to be the #1 circulating branch of the 33 County Library branches, circulating a total of 880,042 library materials in 2024.
Community Outreach
• The City's Community Outreach Coordinator in partnership with all City departments utilizes social media including the City website, Facebook, Nextdoor, Twitter, and lnstagram to promote activities and events at City facilities, as well as share information about current and future capital projects. The City also produces a bi-monthly email newsletter with more than 15,000 subscribers, which is another tool for sharing information and making announcements.
18 of 44
March 18, 2025, Item #6
• The Community Services Guide provides information about the many recreational programs and facilities offered by the City. This electronic guide lists all classes, camps, activities, and special events and is distributed quarterly. • The City's investment in volunteer recruitment, training, and retention provides significant cost savings, and makes it possible to enhance the scope and caliber of programming at - City recreation and cultural facilities. The City of Poway has approximately 7,625 volunteers of all ages who donate their time and talent to the 30 committees, organizations, groups, and commissions. The Community Services Department benefited from 4,870 volunteer usher hours at the Poway Center for the Performing Arts, 1,744 volunteer docent and tour guide hours at the Blue Sky Ecological Reserve and Kumeyaay lpai Interpretive Center, and 6,700 historical society and railroad volunteer hours at Old Poway Park. The Teen Volunteer Program's 66 volunteers between the ages of 14 and 18 provided 1,458 teen volunteer hours at Community Park programs and events. The Old Poway Park Action Committee contributed over 11,500 hours. The City also has a Reserve Park Ranger program with 28 dedicated volunteers who serve on trails, at events, and throughout our parks. They amassed 3,877 volunteer hours during this reporting period.
• The City of Poway continues to offer the PLAY (Poway Leisure Assistance for Youth) Scholarship program which provides financial assistance to children who want to participate in City-recreation programs but can only do so with economic support. The scholarship is available to Poway children 17 years or younger whose families meet established income guidelines, and for individuals with disabilities of any age who live in Poway. The program is supported by City funding and private donations. In 2024, 152 scholarships were granted.
• In 2023, the City established Memorandums of Understanding with two emergency shelter locations to increase the availability of shelters during an emergency. New training materials have been provided to the Disaster Preparedness Coordinator for inclusion in the City's plans and procedures. The Community Services Department has and will continue to work closely with the Fire Department to develop an emergency shelter operations plan for the Mickey Cafagna Community Center. • The City of Poway continues to maintain an emergency care and shelter program that utilizes both city owned and privately owned facilities. All care and shelter supply caches were checked for damage and security. Shelter Manager kits were updated with the most recent forms and guidance materials and training was provided to staff of the Community Services Department.
Water
• The Distribution Maintenance (OM) program included the inspection of 1333 valves and 346 fire hydrants.
• In 2024, staff replaced/installed 214 water meters
• In 2024, staff replaced 14 (fourteen) distribution valves.
19 of 44
March 18, 2025, Item #6
• The Annual Dead-End Flushing Program completed 647 dead-end flushes in 2024. • In September 2022, the City completed the first phase of the Water Infrastructure Improvement Program. The Clearwell Bypass Project allows the 10-millon gallon (MG) Clearwell reservoir to be taken off-line for replacement and consists of bypass pipelines (both temporary and permanent), a temporary pump station, a temporary pressure regulating station and two 1.4 MG temporary bypass tanks. The new bypass pipeline and temporary tanks were inspected, flushed, and put into operation in November 2022. The next phase of the Water Infrastructure Improvement Program is the Clearwell Replacement Project. This project consists of replacing the existing clearwell with two new 4 MG prestressed concrete tanks. The existing clearwell has reached the end of its useful life and is in need of replacement to maintain reliable service to Poway residents.
Construction began in Winter 2024 and is scheduled for completion in 2026. • The final component of the Water Infrastructure Improvement Program is the Poway Treated Water Facilities and Redundant Pipeline Project, The project consists of water transmission pipelines, a pump station and a forebay, and is referred to as the Poway Treated Water Facilities and Redundant Pipeline Project. This project will be owned and operated by the City of Poway once constructed. These two projects will help diversify Poway's water supply portfolio and allow for operational flexibility and water treatment plant maintenance. The project is expected to begin construction in early 2026.
Wastewater
• In 2024, staff cleaned 54 miles of sewer mains to maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment. • In 2024, Wastewater Collections staff continued the Annual/ Bi-Annual Lateral Assessment Program, which assessed 193 annual and 22 bi-annual laterals to verify pipe condition and maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment from wastewater contamination.
• In 2024, staff inspected 20 miles of sewer mains to verify pipe condition and maintain a free-flowing system to prevent sanitary sewer overflows and protect the environment. • In 2024, wastewater staff completed seven sewer lateral repairs identified by annual lateral assessments.
• In 2024 staff performed a root foaming application of 3.5 miles (18,514 feet) of 8-inch vitrified clay pipe treated to prevent root intrusion into the collection system.
20 of 44
March 18, 2025, Item #6
Public Safety Element
It is the goal of the City of Poway to provide a safe and healthy environment for the residents of Poway.
General Plan Public Safety Element Update: Since the City Council approved the Housing Element update in 2024, the California Department of Housing and Community Development (CA HCD) mandates a subsequent update of the Safety Element for General Plans. Fire Department and Development Services Department (DSD) staff began meeting in April 2024 regarding this update. Fire Department staff drafted an update, with input from DSD Staff. Staff expects to complete the Public Safety Element Update during 2025.
Law Enforcement Services
Crime Analysis
• For the City of Poway in 2024, overall crimes against persons saw a slight increase from 300 incidents in 2023 to 314 incidents in 2024 (298 of those incidents were assault related offenses).
• Overall crimes against property saw a decrease from 654 incidents in 2023 to 538 incidents in 2024. In 2024, there were also two categories with large decreases.
Specifically, theft from vehicles decreased from 115 incidents in 2023 to 82 incidents in 2024, as well as burglary/breaking and entering which saw a decrease from 82 incidents in 2023 to 60 incidents in 2024.
• In 2024, the Sheriff's Poway Station Traffic Unit issued a total of 2,289 moving violation citations, made 98 DUI arrests, recovered 3 stolen vehicles, conducted 4,518 deputy initiated contacts, and responded to 2,443 calls for service. Furthermore, our traffic deputies conducted multiple operations in the City of Poway focusing on Impaired Driver (DUl)/Distracted Driver saturation details, two DUI checkpoints, and two citywide motor strike team details focused on unsafe speed and distracted drivers. The goals of these operations were to educate the public, reduce traffic collisions and most importantly, make our roadways safer.
• Poway Traffic Deputies participated in eight Start Smart classes aimed at bringing driver awareness and responsibilities to newly licensed or soon to be licensed teenage drivers.
Furthermore, the Poway Sheriff's Station, in partnership with Poway Unified School District, hosted eight e-Bike safety classes and presented to 1700 students and parents.
Deputies also participated in numerous community events to include security details at the Poway High School graduation, 4th of July fireworks events, the Poway Rodeo, the Poway Rotary Parade, and Christmas in the Park.
• In 2024, the Poway Criminal Apprehension Team (PCAT) continued their dedicated service to address quality of life issues in the community. These investigations were focused on gang activity, graffiti, narcotics, and unhoused population cases, to name a few. PCAT served several search warrants related to a narcotics sales investigation, and multiple Poway residents were arrested for possession of methamphetamine and child endangerment. PCAT continues to work in-depth cases and strives to interrupt gang and narcotics networks which bring crime and illegal drugs into Poway neighborhoods.
21 of 44
March 18, 2025, Item #6
• In 2024, the Poway Area Detective Unit was successful in identifying and arresting suspects in multiple cases, including two high profile investigations. In March 2024, Poway Weapons and Gear was burglarized in the early morning hours, and multiple firearms were taken from the business. The quick response by deputies and swift actions by detectives helped identify the suspects within a matter of hours, and it became a multi-jurisdictional case across state lines. The collaborative investigation resulted in the recovery of 41 stolen firearms and the identification and arrest of eight suspects. The investigation is ongoing.
• In August 2024, Poway Deputies received reports of two missing individuals, a young mother and her one-year-old child. The preliminary investigation into their whereabouts raised suspicion regarding their welfare which prompted an intense, multi-jurisdictional, cross-state investigation. The very next day, the young child was returned to family in Poway, unharmed; however, the search for the mother continued. Sadly, 48 hours after first reported missing, the mother was found to be the victim of homicide in Texas.
Tragically, the mother's life was lost, but the swift actions taken by the law enforcement community helped reunite the young child with family, and bring a suspect into custody to ensure that justice would be pursued.
These cases illustrate the collaborative efforts of our detectives and multiple law enforcement agencies whose unwavering commitment to protect vulnerable individuals, no matter the distance or complexity of cases, is evident. Poway Detectives are committed to the cases they investigate every day, and they have been successful in identifying and arresting suspects in a variety of cases.
• In 2024, the City of Poway launched the implementation of Flock Camera Systems with license plate reader {LPR) technology. Eight cameras were strategically placed throughout the city as an additional tool to assist the Poway Sheriffs Station with criminal investigations. LPRs communicate with law enforcement databases to aid investigations.
The data captured in the LPRs is maintained in the system for one year unless the information is part of an ongoing investigation. LPR information sharing is limited to law enforcement agencies.
• The City of Poway continues to maintain two anonymous tip lines for community members and students to report suspicious activity. The tip lines are Poway ALERT (855-56-ALERT) and PUSD Safety Tipline 1-844-PUSD-TIP (1-844-787-3847). These initiatives aim at keeping the city safe and provide resources for residents to report concerns. In 2024, we received 34 tips which were promptly evaluated and addressed appropriately. These tip lines do not provide direct access to law enforcement. To report a crime or suspicious activity, we encourage the community to call the Sheriffs non-emergency line at (858) 565-5200 or 9-1-1 if it is an emergency.
• The Poway Sheriffs Station is home to the largest Volunteer Sheriffs Patrol (VSP) team in the county, with 62 volunteers. Poway VS P's act as ambassadors for the Sheriffs Office and collectively volunteered a total of 15,073 hours toward the community of Poway.
Poway VSPs are an integral part of the Sheriffs Organization with their selfless service and dedication. They assist the Sheriffs Office in promoting public safety and crime prevention goals in an effective and cost-efficient manner while helping the City of Poway reduce the cost of law enforcement services. The Sheriff's Office places a value of
22 of 44
March 18, 2025, Item #6
$35.56/per hour on their time, resulting in an estimated $535,996 of added value to the City of Poway.
• In 2024, the Poway Sheriffs Station continued to foster community relationships through active engagement and immersion. Our Crime Prevention Specialist coordinated the Poway Station's involvement in several Poway community events to include the Poway Neighborhood Emergency Corps (PNEC) Emergency Survival Fair, First Responders Day with the Poway Fire Department, National Night Out hosted at the Poway Station, the Rotary Parade, Faith and Blue, school presentations, and business outreach, to name a few.
Fire Safety
• In 2024, the Fire Department continued to respond from three fire stations strategically located within the City of Poway. Emergency and non-emergency response is provided 24 hours per day, seven days per week. The Department maintains 17 first responders staffing three paramedic engines, two paramedic ambulances, one paramedic ladder truck, one incident command vehicle and one Battalion Chief. • In 2024, the Fire Department responded to over 4918 calls for service including requests for mutual aid support through the State's Fire & Rescue Mutual Aid System. • In 2024, the Fire Department assisted with the formation of the Quail Mountain Firewise Community.
• In 2024, the Fire Department assisted with the creation and the adoption of the Ag Pass. • In 2024, the Fire Department continued to deliver manipulative skill learning and training activities that promote the professional development of its personnel resource and improve team response capabilities. Personnel recorded 14,047 hours of team training and professional development.
• The Fire Department continued its management of the City's Emergency Operations Plan (EOP) and Emergency Operations Center (EOC). In 2024, a tabletop exercise focused on managing a rapidly evolving flood event was held with staff assigned to the EOC. • The Department continues to foster community volunteerism and strengthen regional partnerships to enhance response to large-scale emergencies and disasters. In 2024, Community Emergency Response Team (CERT) volunteers provided 882 hours of service to educate residents on basic emergency preparedness and fire safety. In coordination with the Poway Neighborhood Emergency Corps (PNEC), ten educational seminars were hosted to provide valuable emergency preparedness, fire safety, and hazard mitigation information to the community.
• The City of Poway continues to implement the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The MJHMP identifies the primary hazards affecting the City and encourages a cohesive strategy to mitigate their effects. The MJHMP will be included by reference in future revisions of the Public Safety Element.
23 of 44
March 18, 2025, Item #6
• In 2024, the Fire Department completed 1,495 Fire and Life Safety inspections of Poway businesses, healthcare institutions, and apartment complexes, schools, daycares, and new construction.
• In 2024, the Fire Department completed 81 Defensible Space inspections and Home Hardening Consultations.
Hazardous Waste Management
• The City has a regional, permanent Household Hazardous Waste (HHW) Collection Facility where residents can recycle used oil, electronic waste and dispose of HHW such as household chemicals, sharps and batteries. It is open every Saturday, 9 a.m. to 3 p.m., except holiday weekends. The City's Household Hazardous Waste Collection Facility collected over 322,813 pounds of HHW in a year from over 6,697 visits to the site from City of Poway residents. The City spent $377,734.00 for HHW disposal for its residents in 2024. There are also 11 registered Used Oil Recycling Program collection centers in the City, and they collected an additional 11,686 gallons of used motor oil during the 2023- 2024 reporting year.
Resources Element
It is the goal of the City of Poway to preserve its natural, scenic and cultural resources for the future benefit and enjoyment of its residents, and to protect biological and ecological diversity.
The City of Poway has many natural resources, including creeks, canyons, grassland areas, and mountains, which have been protected. The original General Plan adopted in 1983, included a significant Plant and Animal Resource Conservation Element. Goals, policies, and strategies were established in subsequent updates to the General Plan (1991 and 1996) which emphasized preservation of open space, biological resources and the rural character of the "City in the Country" as primary objectives. Implementation policies and strategies promoted development of a City-wide system of reserves and wildlife corridors which provided the foundation for the Poway Subarea Habitat Conservation Plan (HCP) which was approved in 1996. A key objective of the HCP is to create sustainable, interconnected habitat preserves for the purpose of maintaining viable populations of biological resources. Implementation of the HCP ensures balance between development and conservation in the City, while meeting the mitigation requirements for building private and public development projects.
Development projects that impact habitat land are required to mitigate the impacts in accordance with HCP mitigation requirements . Mitigation is achieved through either dedication of Biological Conservation Easements (BCE) of comparable quality habitat located within the HCP Mitigation Area or payment of a Habitat Mitigation In-Lieu Fee. The In-Lieu Fee provides an efficient and viable option for biological resource impact mitigation and serves as mitigation compensation for direct, indirect, and cumulative impacts, where the direct purchase of habitat lands by a project proponent or on-site preservation are determined by the City to be infeasible. Per the HCP, the In-Lieu Fee is to be assessed in accordance with a fee schedule adopted by the City Council.
Currently, the fee is $17,000 per acre. The purpose of the In-Lieu Fee is to provide the City the ability to acquire land within the Mitigation Area for preservation and dedication . • The City has acquired property over the years to meet the preservation goals of the HCP through the dedication and purchase of biologically sensitive land in the City. Several hundred acres were purchased in the early 2000's with Sensitive Land funds that
24 of 44
March 18, 2025, Item #6
preserved portions of important City landmarks such as Twin Peaks Mountain and Van Dam Peak. These parcels contain native vegetation that have been preserved by the City in their natural state, and count toward meeting the City's HCP habitat preservation goals.
In FY24, the Habitat-in-Lieu fund (2520) received $348,704 in fees and earned $20,483.28 in interest income of Habitat in-lieu fees available for purchase of habitat land for preservation. As of December 31, 2024, the total fund balance stands at $1,109,589.22.
The balance includes interest revenue and other miscellaneous costs. • Since the approval of the HCP, the City has collected over $2. 6 million in In-Lieu fees and has spent over $1.8 million of the funds for the purchase of native habitat land. On occasion, the City has refunded In-lieu fees at the request of a developer after they have dedicated biological open space in the City to replace In-Lieu fees they paid. • In 2014, the City approved the Habitat Acquisition Strategy, an implementation plan to use in acquiring properties for habitat preservation using funds from the City's Habitat In-Lieu Fee account. The Strategy includes a detailed list of potential parcels to target for acquisition and provides a thorough analysis of the priority areas as defined in the HCP.
Since the 1997 adoption of the HCP, the City has acquired approximately 948. 72 acres of habitat land (See Table 1 ). Staff uses the Habitat Acquisition Strategy to identify properties to be purchased based on available funding. The City Council reviews all proposed land purchases prior to staff pursuing acquisition. Each year pursuant to the requirements of the HCP Implementation Agreement, the City prepares and submits an annual report to the Wildlife agencies reporting on programs, policies, and projects that were undertaken in the previous year that resulted in implementation of the HCP. • In 2024, 11.82 acres of open space habitat land was preserved in the form of dedicated Biological Conservation Easements (BCE) and 13.01 acres in Open Space Easements (OSE).
• In 2024, Planning staff began preparing documents necessary to rezone land over which BCEs and OSEs have been granted to the land use designation of Open Space Resource Management (OS-RM). This effort will be submitted to the City Council for review and approval in 2025.
25 of 44
March 18, 2025, Item #6
TABLE 1 - HABITAT ACQUISITIONS WITH
HABITAT IN-LIEU FEE FUND
YEAR ACREAGE
1997 18.0
1998 109.0
2000 76.0
2001 82.0
2002 102.4
2003 121.6
2004 0.0
2005 0.0
2006 0.0
2007 0.0
2008 5.9
2009 1.9
2010 0.2
2011 0.0
2012 0.0
2013 0.0
2014 0.0
2015 0.26
2016 0.0
2017 1.01
2018 138.24
2019 209.17
2020 83.04
2021 0
2022 0
2023 0
2024 0
Total 948.72
26 of 44
March 18, 2025, Item #6
Community Development Element
It is the goal of the City of Poway to provide for an orderly balance of both public and private land uses in convenient and compatible locations throughout the City, and to ensure that all such uses serve to protect and enhance the environment, character and image of the City.
DEVELOPMENT ACTIVITY
Development Applications
The following tables provide a comparison of the City's development activity over the past six years. Each of the noted applications and new construction projects resulted in implementation of the General Plan, as all projects were built in conformance with the goals and policies of the General Plan.
• Development Review (DR) and Minor Development Review Application (MORA) approvals are required before the issuance of a building permit for non-residential development (i.e., multifamily developments, mobile home parks, commercial, industrial, or public/semi-public development).
• Between January and June 2024, there were 25 MORA applications, of which ten were for residential development. Seven MDRAs were processed for non-residential uses in 2024.
• In June 2024, the City Council approved a measure to eliminate the requirement for MORA reviews for single-family homes (including custom), including additions, alterations, and remodeling, as well as non-lighted recreational courts. • Tentative Tract Map (TTM) and Tentative Parcel Map (TPM) projects are required to be consistent with the California Subdivision Map Act and involve the subdivision of property into five or more lots for a TTM and four or fewer lots with a TPM. • New development applications submitted in 2024 included five Development Review (DR) applications, 25 Minor Development Review (MORA), three Tentative Tract Maps (TTM), and seven Tentative Parcel Maps (TPM) (Chart 1 ). It should be noted that ten of the 25 MDRAs were requests for the construction of new custom single-family homes. Two of TTM applications were time extension requests. Three of seven TPM applications were for Senate Bill 9 lot splits.
27 of 44
March 18, 2025, Item #6
50 45
40 35
30 25
20 15
10 5
0 10
I
38 6
2018
47 8
I
5 2 1
- 2019
Chart 1
New Development Applications
2018-2024
40 28
19 10 8
I
5 I
3 4 3 3 1
I ■ ■
2020 2021 2022
■ DR ■ MDRA TPM ■ TTM
30 25
7 7 5
I
3 I
3 1
-2023 2024
New Residential Development
• A total of 29 building permits were issued in 2024 for new single-family residential developments, and 34 building permits were issued for Accessory Dwelling Units (ADU) for a total of 63 units.
• The Farm in Poway, a planned community spanning 117 acres through redeveloping the decommissioned StoneRidge Country Club with 160 new residential units and up to 30,000 square feet of non-residential buildings which can be used for educational, social, commercial, and recreational uses. A three-acre park with grass amphitheater and dog park was approved in the center of the project site. The project also included traffic and pedestrian improvements to adjacent streets and intersections. The City Council approved The Farm in Poway project in June 2020 and the project was subsequently approved by the Poway voters in the November 2020 general election. In 2022, precise grading plans and landscape plans were approved for the residential and open space areas including the tot lot, community gardens, flower fields and trails. In 2023, 102 residences were approved for occupancy. In 2024, 57 residences were approved for occupancy, bringing the total homes approved for occupancy to 159. One home remains complete but has not yet been granted occupancy.
• On April 2, 2024, the City Council approved the Harmon Ranch Specific Plan, a 63-lot subdivision located at Oak Knoll Road. The subdivision was submitted in 2022, and included an Environmental Impact Report, a General Plan Amendment, a Zoning Map Amendment, a Tract Map, and a Development Review as part of the Council's decision.
The new Harmon Ranch Specific Plan sets the requirements for density, setback, height, minimum lot size, maximum allowable lot coverage, and design standards within the area.
28 of 44
March 18, 2025, Item #6
Harmon Ranch commenced grading in 2024 and submitted Landscape Plans, Precise Grading Plans, and Improvement Plans for review in 2024. Public amenities include a trail and a creek overlook.
• In April 2023, the City Council approved a Development Review application for Lyon Estates a 10-lot single-family residential development on a private street at the terminus of Larchmont Street. Building permits have been issued for Lots 1-10, of which half were in final permit inspections by the end of 2024.
• In June 2023, the City Council approved a Development Review for Sage at Old Coach, a six-lot single-family residential development north of the intersection of Espola Road and Old Coach Road with five of the residential lots being accessed from a private street, Sage Trails Court, and one lot having direct access on Old Coach Road. Three of the six units have been constructed with final occupancy granted. Construction commenced on the other three homes during 2024.
• In late 2024, City staff met with the owners and agents for Meadowbrook Tentative Map, a proposed subdivision to create 16 residential lots with one affordable home. The developer is making revisions to the project which has not been formally submitted to the City. An Environmental Impact Report (EIR) and Development Review (DR) will be required.
Chart 2
New Residential Building Permits Issued 2018-2024
180
158
160 149
140
120
97 98
100
80 63 63
60 40
20 15 15
0 1 0
42 48 47
1° 1~
33 21 22
I ■ 1 2-
9 ■
1 2018 2019 2020 2021 2022 2023 2024
■ SFR & ADU ■ MFR Total
New Commercial and Mixed-Use Development
• Construction commenced on the Fairfield mixed-use development in 2022. The project
29 of 44
March 18, 2025, Item #6
consists of 212 multi-family residential apartment units, 11,364 sf of commercial space, and 9,955 sf of quasi-public open space. The project included parking and landscape improvements to the former Big 'O' Tires site at 12947 Poway Road, and a new intersection at Poway Road and Carriage Heights Way. The project site is on the south side of Poway Road between Carriage Road and Civic Center Drive. The project site falls within the Poway Road Specific Plan (PRSP) and is designated Town Center (TC). The project was completed in 2024.
■ In 2024, based on feedback from the community an amendment to the Old Poway Specific Plan to allow outdoor music in the commercial areas was initiated. Dudek is the selected consultant, and work is underway with completion anticipated by summer 2025. ■ In 2024, several new commercial businesses located in Poway. Starbread Bakery submitted a building permit application to locate at 12318 Poway Road. ■ In May 2024, building permit plans for tenant improvements were approved for 5 Below, located at 13428 Poway Road.
■ In July 2024, building permit plans for the tenant improvement were approved for Boot Barn, located at 13644 Poway Road.
• In October 2024, building permit plans for the tenant improvement were approved for Better Buzz Coffee, located at 12612 Poway Road, where the Charney Mexican Restaurant had been. Better Buzz redeveloped the property and reused the existing building for their new business. Better Buzz is under construction and expected to be open in March 2025.
• On October 30, 2024, Trader Joe's, located at 13644 Poway Road, had building permit plans for the tenant improvement approved and occupancy granted. The market was opened on October 30, 2024.
• On November 7, 2024, Amazon Fresh, located at 14837 Pomerado Road, completed construction and received Certificate of Occupancy.
■ In February 2024, a revision of the approved CUP22-0005/DR22-0006 was submitted for Raising Cane's, at 12665 Poway Road, where a former paint and body shop was located (north of the Kumeyaay lpai Interpretive Center). This revision was submitted to move the exterior patio to the south side of the building and use the Poway Road portion of the site as a landscape buffer. The City Council approved the revised project in May 2024.
Building construction began in 2025.
■ Life Time Fitness, a national membership gym, submitted an application to be the operator of a fitness club in the non-residential buildings of the project in 2024, for The Farm Parcel HH. On July 16, 2024, a Specific Plan Amendment, Development Review, and Addendum to the Farm EIR was authorized by the City Council to be included on the November ballot.
Measure H failed to receive voter support on November 5, 2024. ■ In 2024, a proposed development had a Pre-Development Conference with the City Council for a 4 7-unit condominium (for sale) mixed-use development at 13044-13056 Poway Road (currently an equipment rental yard) . This proposal includes street-facing
30 of 44
March 18, 2025, Item #6
ground floor commercial use with two live/work units. The project proponent is working to prepare materials for the Development Review and Tentative Tract Map application submittal in 2025.
■ In December 2024, Planning staff met with the owners and agents for The Farm for the proposed Open Space Recreation vacant lots (Lots AA-FF) at the northeast quadrant of Espola Road and Goodeve Drive. The owner and agents proposed boutique commercial uses to be in substantial conformance with the Farm in Poway Specific Plan. This proposal may require a minor modification to the Conditional Use Permit and Development Review Permit.
■ Planning staff began meeting with the owner and agent of the Farm for the Meadow Park landscaping. The original Landscape Plan, submitted in 2022, required revisions due to rock encountered in the slope during grading. Updated landscape plans and precise grading plan will be resubmitted 2025.
120000
100000
80000
60000
40000
20000
2880
0 -2018
Industrial Development
Chart 3
New Commercial Square Footage
2018-2024
99,895
54,392
33495
I
11,364
■
2019 2020 2021 2022
■ Square Feet
0 2023
5,022
-2024
• In 2023, a Development Review application was submitted and approved for Pome BESS a proposal to construct a battery energy storage facility located at 13830 Danielson Road
31 of 44
March 18, 2025, Item #6
in the SPSP. The project connected to San Diego Gas and Electric's (SDG&E) distribution grid via an underground transmission line. Building permits were issued in Autumn 2024, with grading and construction began in November 2024.
■ In August 2024, the City Council approved the Nighthawk Battery Energy Storage System (BESS), located at 13501 Kirkham Way, on the same site as the Granite Mine. This project included an amendment to the South Poway Specific Plan (SPSP) to redesignate two pad sites on the property from MRE to LI, a Development Review for the three main aspects of the project (the BESS facility, the substation, and the gen-tie line connecting the site to the Miramar power substation to the south of Poway), an Addendum to the EIR/SEIRs for the SPSP, and a Community Benefits Agreement. Construction began on the gen-tie and substation portions of the project site in late September 2024, with the main BESS site expected to be completed before June 2025. Since this project incurred a habitat take for the pad location, a Habitat-in-Lieu fee was paid in 2024. Building permits were submitted in April 2024, of which the gen-tie and substation permits were approved.
The BESS building permit, the Grading Plan, and the Landscape Plan were still in review at the end of 2024.
■ In September 2024, EnviroMine submitted a Reclamation Plan Amendment for the Granite Mine site at 13501 Kirkham Way. Included in the Amendment is the Habitat Restoration Plan, originally approved in 2004. Planning, Engineering, Fire, and Public Works are reviewing the project. An addendum to the EIR/SEIR has been submitted. 600000
500000
400000
300000
200000
100000 76240
0 I
2018
32 of 44
Chart 4
New Industrial Square Footage
2018-2024
531662
76240
I 0 0
2019 2 020 2021 2022
■ Square Feet
197,612
0 2023 2024
2024 City of Poway General Plan Implementation Annual Progress Report March 18, 2025, Item #6
CAPITAL IMPROVEMENT PROGRAM
Capital improvements, such as roads, drainage facilities, sewer and water lines, treatment plants, infrastructure, and public facility improvements are the framework that supports development.
Their availability plays an important part in determining the pattern of land uses within the community, as well as the direction and intensity of growth. Public facilities, such as police and fire stations, libraries and parks, are important to residents' safety and quality of life. Equally important are the improvements to roads, water lines and reservoirs, sewer lines and drainage systems and other infrastructure systems that implement the goals and policies of the General Plan. The ability to provide these facilities is important to the well-being of the community. Below is a list of the City's Capital Improvement projects staff worked on and/or completed in 2024.
33 of 44
March 18, 2025, Item #6
TRAFFIC/ROADS
*2024/2025 Street Overlay
*2024/2025 Street Maintenance
*2024/2025 Annual Street StripinQ
Fire Station 2 Overhead Flashing Beacon
* Annual Traffic SiQnal Controller Uoarades
Neighborhood Sidewalks (Powers & Garden Areas)
*Poway Road Safety Improvements - HSIP Grant
*Midland Road Safety Improvements
SEWER SYSTEM
Butterfield Trail Sewer Upsize
FY2023-2024 Annual Sewer Line Repair/Replace
WATER SYSTEM
Clearwell Replacement
Clearwell Bypass
SDCWA Treated Water Connection
*Caustic Tank Rehabilitation, completed in 2024
R-4 Reservoir Uoarades
R-7 Reservoir Upgrades
Washwater Tank No. 2 UpQrades
Water Treatment Plan Upgrade Filters 1-8
*Water Treatment Plant Security Upgrades
MCC Upgrades (PS-8, PS-9, PS-10, PS-11, PS-12)
DRAINAGE
Community Park Ribbon Drain Assessment and Preliminary DesiQn Rattlesnake Creek Streambank Stabilization Design
*2023/2024 Annual Corrugated Metal Pipe Repair/Replace
2023/2024 Annual Trash Capture Program
34 of 44
March 18, 2025, Item #6
Public Facilities -
*City Hall HVAC Controls
*Fire Station 3 HVAC Upgrade
*2021/2022 ADA Barrier Removal - Community Park
*Fire Station 1 Stairway Replacement
*Upper Lake Poway Playground Renovation
PCPA Facility Maintenance Design
Blue Sky Amphitheater Improvements
PCPA Stairlift Replacement
*PCPA Monument Sign
*Pool Turf Installation
*Community Park Sidewalk Extension
*Starridge Park Pathway Extension
*Pool Boiler Replacement
*HVAC Replacements at Library, Fire Stations 2 and 3, Old Poway Park's Train Depot and Templars Hall
*Roof Replacements at Starridge and Aubrey Parks and Public Works Maintenance Operations and Material Handling Yard
*Painting/Coating of the Poway Community Swim Center Pool Deck, Community Park interior and Skatepark
* Painting of Water Treatment Plant and Lake Poway, Garden Road, Silverset, Starridge and Valle Verde Parks
* Xeriscaping Installation at the Library
* Flooring Replacement at the Museum at Old Poway Park and Kumeyaay lpai Interpretive Center
* Replacement of Glass Doors at the Poway Community Swim Center * Completed
Attachment:
1. 2024 Annual General Plan Housing Element Implementation Progress Report
35 of 44
March 18, 2025, Item #6
Data is auto-populated based on data entered in Tables A, A2, C, and D Jurisdiction Poway
Reportin!I Year 2024 (Jan. 1 - Dec. 31)
Housina Element Plannina Period 6th Cycle 04/30/2021 - 04/30/2029 Building Permits Issued by Affordability Summary
Income Level Current Year
Deed 0 Restricted Very Low Non-Deed
Restricted 0
Deed 0 Restricted Low Non-Deed
Restricted 0
Deed 0 Restricted Moderate Non-Deed
Restricted
34 Above Moderate 29
Total Units 63
Note: Units servina extremely low-income households are included in the verv low-income Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Sinale-family Detached 8 29 53
2 to 4 units per structure 0 0 0
5+ units per structure 123 0 212
Accessory Dwelling Unit 0 34 14
Mobile/Manufactured Home 0 0 0
Total 131 63 279
Infill Housina Devetooments and Infill Units Permitted # of Projects Units Indicated as Infill 15 15
Not Indicated as Infill 48 48
Housin!I Applications Summarv
Total Housina APPiications Submitted: 141
Number of Proposed Units in All Applications Received: 142 Total Housina Units APoroved: 20
Total HousinQ Units Disapproved: 0
Use of SB 423 StreamllninQ Provisions - APPiications
Number of SB 423 StreamlininQ Applications 0
Number of SB 423 Streamlining Applications Approved 0
Units Constructed - SB 423 Streamlining Permits
Income Rental Ownershio Total
Verv Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlinin!I Provisions Used - Permitted Units # of Proiects Units SB 9 (2021 l - Duplex in SF Zone 0 0
SB 9 (2021 l • Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications I If Of I Units Ministerial 130 133
Discretionary 11 11
uensIty tsonus AoollcatIons ana units l'ermIttea
Number of APPiications Submitted Reauestina a Density Bonus 0 Number of Units in Applications Submitted ReauestinQ a Density Bonus 0 Number of Projects Permitted with a Densitv Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 HousinQ Element ProQrams Implemented and Sites Rezoned Count Proqrams Implemented 42
Sites Rezoned to Accommodate the RHNA 0
Cells in grey contain auto-calculation formulas
36 of 44 ATTACHMENT B
March 18, 2025, Item #6
Jurisdiction Poway
Reportini:i Year 2023
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1 2 3 4
Name of Proi:iram Objective Timeframe in H.E Status of Proaram Implementation Rehabilitation Loans for
Low and Moderate Income Resume program if funding becomes 2020-2029 Resume program if funding becomes available. Households(Rehabilitatio available . Addresses Policy A1. n Loan Program)
Condominium Conversion Preserve current rental housing stock . 2020-2029 Ongoing. Reaulations Addresses Policv A3.
Preserve all existing mobile home
Mobile Home Park Zoning spaces in the Mobile Home Park (MHP) 2020-2029 Ongoing. zone. Addresses Policv A3.
Ensure a safe, durable housing stock
for Poway and prevent the occupancy
of substandard dwelling units. Also
Construction Codes encourage increased use of energy 2020-2029 Ongoing. conservation and other sustainable
best practices in building construction .
AJ Pnlir,v A1
Investigate opportunit ies to link
Neighborhood furthering fair hous ing efforts to
Revitalization maximize the revitalization results of 2020-2029 Resume program if funding becomes available. such efforts. Addresses Policies A1,
A2 and C2.
Help local students excel academically,
help youth stay connected with positive
Maintain and Enhance leaders , help adults plan for their future Resident Services and achieve financial goals , and help 2020-2029 Ongoing. seniors make new friends and stay
connected. Addresses policies A4 and
AS. s;f"
s;f"
....
0 r-M
March 18, 2025, Item #6
The City will semi-annually refer to the
HCD Program Directory and other
Capacity Building for fundingsources to expand its potential Nonprofit Housing funding sources and determine the
Development availabil ity of fund to provide affordable Corporations housing and related services to Poway
residents. Addresses policies A4, 84
and BS.
Monitoring Affordable Assure affordability for the longest feasible time, not less than required by Housing Projects law. Addresses Policv AS.
Development of Keep affordable housing developments Comprehensive Maintenance Agreements in a safe, functional, well-maintained, code-compliant state. Addresses Policy for Affordable Housing A6. Developments Assist development of affordable rental
housing units as funding and land is
Development of New available. The City will annually contact Rental Housing affordable housing developers to
discuss opportunities. Addresses
policies B4 and BS
Development three AHOZ sites with
New Affordable Housing affordable housing in accordance with on Parcels with the the Residential Sites Inventory (Table4- Affordable Housing 5). The City will annually contact
Overlay zone (AHOZ) affordable housing developers to
Designation discuss opportunities . Addresses . . R4 and RI; Facilitate the development of housing
Mixed Use Development on site designated for mised -use Standards development. Addresses Policy B4 and
BS.
2020-2029
2020-2029
2020-2029
2020-2029
2020-2029
2020-2029
Grants are no longer available from the Housing Special Program Fund because the program no longer exists due to a Department of Finance determination. Staff will search for other grant sources to evaluate fund programs.
Ongoing.
Conditions of approval require affordable housing sites to be well maintained.
There are 712 existing affordable housing rental units in the City. The Poway Housing Authority Board approved an Exclusive Negotiation Agreement with Wakeland Housing and Development, for the development of 60 affordable rental units for developmentally disabled adults and military veterans on a site owned by the Housing Authority (Monte Vista). Project entitlements and the Affordable Housing Agreement were approved by the City Council and Poway Housing Authority Board at the November 19, 2024 meeting. The project will nicluded 1, 2,3 bedroom units with affordability at the low, very low and extremely low income levels .
The Poway Housing Authority board approved an Exclusive Negotiation Agreement with Wakeland Housing and Development , Inc. for the development of 60 affordable rental units for developmentally disabled adutls and military veterans on a site owned by the Housing Authority (Monte Vista). Project entitlements and the Affordable Housing Agreement were approved by the City Council and Poway Housing Authority Board at the November 19, 2024 meeting.
In 2017, the Poway Road Corridor Specific Plan was adopted which allows for mixed-use development. A mixed use development consisting of commercial space and apartment units is currently under construction (Outpost). Ths project was modified in 2021 to include 19 additional apartments , nine of which will be affordable to low-income households. The density increase was allowed pursuant to State Density Bonus Law.
-.:t" -.:t" .._
0 00
M
March 18, 2025, Item #6
Continue to collect In-Lieu fees to be
used in support of affordable hosuing
projects and programs described in this
lnclusionary Housing chapter. Consider evaluating the City's lnclusionary Ordinance with respect to Ordinance the Palmer/Sixth Street Properties vs.
City of Los Angeles ruling requirements
on rental developments. Addressess
policies 84 and 86.
To retain, promote, and provide
Poway Housing Authority affordable housing and maintain (PHA) reporting. Addresses Policy A6, 84 and
85. 2020-2029 Ongoing.
Prior to the dissolution of redevelopment agencies in California in October 2011, the primary source of affordable housing assistance was the former Poway Redevelopment Agency. The PHA provides the City legal authority to continue monitoring ongoing rent and compliance at affordable housing developments and partner with developers to construct and operate affordable 2020-2029 housing in Poway. Pursuant to Health and Safety Code Sections 34176 and 34176.1(f) (Dissolution Law), each year the PHA must prepare a report regarding the Low- and Moderate-Income Housing Asset Fund (LMIHAF) which details the Housing Successor's activities during the prior fiscal year. The PHA assisted the development of two recent affordable housing projects (Villa De Vida and Poway Commons - Apollo
Apartments).
oq
oq
....
0 0\
M
March 18, 2025, Item #6
Zoning Amendments for
Special Needs Housing
Provision of Special
Needs Housing
First Time Homebuyer
Assistance Program
i<SHOPl
Home Enhancement Loan
Program (HELP)
To amend the City's zoning
requirements for Special Needs
housing, Low Navigation Barriers,
Large Residential Care Facilities,
Employee and Agricultural Worker
Housing, and Emergency Shelters as
applicable consistent with State law,
including compliance with AB 139, AB
2162, and AB 101. Addresses Policy B4.
The City will seek opportunities for
providing housing for special needs as
new opportunities for housing
development arise. The City will semi
annually refer to the HCD Program
Directory to expand its potential
funding sources and determine the
availability of funding that may assist
with the implementation of housing
programs . Provide Emergency Shelters,
maintain Special Needs housing units,
and ensure provision for Agricultural
Worker Housing. Addresses Policy B4.
Assist exisitng Program pariticipants
with loan servicing and resale process.
Addresses Policy A7.
Assist with rehabilitation of existing
home acquired with City assistance.
Addresses Policy A1.
2020-2029
A semi-annual review of
the HCD Program
Directory 2020-2029
2020-2029
2020-2029
In 2017, the City Council approved an amendment to the City's Zoning Ordinance to comply with Senate Bill (SB) 2 and other special needs housing (homeless shelters, transitional and supportive housing and agricultural workers housing). The City's Zoning Code was amended by Ordinance No. 805 to include definitions for Single-Room Occupancy, Supportive Housing, Transitional Housing, Homeless Shelters and Homeless. The amendment also identified the Residential Apartment (RA) zone to be the most appropriate to allow homeless shelters by right. Clear objective development standards were also adopted for the establishment of any new homeless shelters. The Code was amended to add a definition for agricultural housing as well as clarify the provision for agricultural worker housing. The City will continue to comply with State law as it pertains to special needs housing and amend the Zoning Ordinance as necessary. This includes: 1) providing only sufficient parking to accommodate all staff working in an emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone; 2) allowing residential care facilities with six or less residents to be constructed in the RR-A through C, RS-1, RS-2, RS-3 RS-4, and RS-7 zones without a Conditional Use Permit and include objective standards and decision making procedures; 3) allowing agricultural worker housing to be constructed without Conditional Use Permits and clarify the types of non-commercial agricultural activities allowable in the single-family zones as accessory uses; and 4) allowing employee housing for six or fewer persons to be treated as a residential use and subject to regulations that apply to other residential dwellings
of the same type in the same zone.
A DDLA was approved by the Housing Authority in Fall 2016 to allow Mercy Housing California and Villa de Vida to construct a 54-unit affordable housing development for adults with developmental disabilities. Construction began in 2020 and was completed in 2022. In August 2022, the Poway Housing Authority Board approved an Exclusive Negotiating Rights Agreement with Wakeland Housing and Development, Inc. for the development of 60 affordable rental units for developmentally disabled adults and military veterans on a site owned by the Housing Authority (Monte Vista). Project entitlements and the Affordable Housing Agreement were approved by the City Council and Poway Housing Authority Board at the November 19, 2024 meeting.
The future of potential new loans is uncertain as funding will be limited.
Existing loans will be reissued as participating households are sold to new income-qualified homebuyers.
The future of potential new loans is uncertain as funding will be limited. qq
....
0 0 q-
March 18, 2025, Item #6
Encourage diversity of development to
Maintain Zoning serve as many types of residents as
categories in the General possible while minimizing land-use Plan related conflic. Addresses Policy 81
and 84.
Evaluate Community Land Evaluate options for use of community land trust model. Addresses Policy 81 Trusts and 84.
Provide Priority for Coordinate with Poway's Public Works Provision of Services to Deparmtent to ensure service priority to Lower Income potential affordable housing
Households development. Addresses Policy 82 and
84. Ensure high quality design and
Enforce City Codes, contruciton and design compatibility Geneal Plan Policies, and with surrounding for new affordable Zoning Regulations housing developments. Address Policy 81 Ensure unnecessary and/or
inappropriate financial and/or
regulatory constraints do not hamper
the development of housing, especially
Monitor Ordinances, User affordable housing, in Poway. Ensure Chages and Fees that funds collected through charges
and fees are appropriate and sufficient
to fund City activities supported by
these charges and fees. Addresses
Policy 84.
Update the Poway Amend the City's Muncipal Code to Municipal Code to Comply ensure it complies with state law with current Density regarding density bonus. Addresses Bonus law, including Assembly Bill 2345 Policy 81, 83 and 84.
Public Outreach and Raise public awareness of and public Education support for affordable housing.
Addresses Policies 82 and 86.
2020-2029
2020-2029
2020-2029
2020-2029
Annual Review, 2020-2029
Amend the City's
Muncipal Code within 12
months of adoption of the
Housing Element.
2020-2029
Ongoing.
Ongoing.
Ongoing. The City will include potential affordable housing sites into future water, sewer and drainage studies.
The Villa de Vida affordable housing project that was approved in 2017 exhibits a high-quality design with a Spanish Colonial Revival architectural style with architectural detailing that is comparable to a market-rate development. The project is also located adjacent to Poway Creek and was designed to avoid any significant impacts to the creek. Construction was completed in 2021. Also, the Poway Commons project includes the development of a 43-unit senior affordable apartment building (one market-rate manager unit) that was approved in 2019 with similar design quality that of a market-rate development.
Construction began in 2020 and was completed in 2022. The Monte Vista affordable housing development, for which project entitlements and the Affordable Housing Agreement were approved by the City Council and Poway Housing Authority Board at the November 19, 2024 meeting, will be built over a subterranean parking garage and has a large open space area with many amenities for residents.
Ongoing.
Ongoing. The City has engaged a consultant to assist with Code updates. With the continued updates to State Density Bonus law the City update its density Bonus ordinance as needed.
As funding is available, the City will continue to work with its non-profit partners to conduct a public outreach and education program that engages local housing developers and the business community.
s::t"
s::t"
....
0 ....
s::t"
March 18, 2025, Item #6
Promote transit-oriented development,
increase transit service, and encourage
Transit-Oriented Projects mobililty corridors and hubs in Poway and along Scripps Poway and SR-67.
Addresses policies B4.
I outreach to developers on at least an
annual basis; As funding becomes
available, apply for or support Provision of Housing for applications for funding onan ongoing Extremely-Low Income Households basis; Review and prioritize local
funding at least twice in the planning
period. Addresses policies B2, 83, B4,
I 1:u:: <>nrl A~
Monitor and evaluate No Net Loss
requirements per State law. The
Provision of No Net Loss Residential Sites Inventory list will be (Government Code updated, as a part of the annual
Section 65863) Housing Element Progress Report, with
new sites to accommodate any
shortfall. Addresses policies B2
land A;t
Monitor and evaluate potential At-Risk
housing units, coordinate with existing
property owners, seek assistance from
Preserve Potential At-Risk non-profit entities capable of assisting Housing Units with preserving At-Risk affordable
housing units and identify funding as it
becomes available. Addresses policies
A1, A2, and A3.
Monitor development of AHOZ
properties and AHOZ development
standards and DR procedures for
Monitor and Evaluate consistency. If necessary, amend AHOZ AHOZ Ordinance General Plan guidelines and Municipal
Development Standards Code regulations. Provide analysis and evaluation of program to HCD in
General Plan Annual Report. Addresses
policies B1, B2, B3, and B4.
2020-2029
2020-2029
Annualy, 2020-2029
2020-2029
Annually, 2020-2029
City will evaluate options to implement this provision. Work is completed on the Poway Road Corridor Study that evaluated and updated land use policies for residential and non-residential properties along Poway Road, the main transit corridor within the City and reduces vehicles miles traveled furthering sustainable communities strategies. Comments on the Regional Transportation Plan, the San Vicente SR-67 corridor study, and related plans included adding transit stops and a multi-use corridor along Scripps Poway Parkway and portions of the SR-67. The current San Vicente SR-67 corridor study proposes these improvements.
Outreach to developers on at least an annual basis;As funding becomes available, apply for or support applications for funding on an ongoing basis; Review and prioritize local funding at least twice in the planning period. Seven of the units in the Villa de Vida affordable apartment project are reserved for extremely-low income households. Construction was completed for this project in 2021. At the proposed Monte Vista development, 18 units will be reserved for extremely-low income households.
The City replaces affordable sites that do not realize their full affordable housing allocation from the Affordable Sites Inventory list with sites identified in the Poway Road Specific Plan that have the potential to replace this shortfall which implements Government Code Section 65863.
Within the 2020-2029 "at-risk" housing analysis period, no properties are considered at-risk of converting to market-rate housing. 1 o provIae aaequate sites ror arroraaoIe nousmg aeveIopmem ana to ensure that any increased densities allowed are used for the provision of affordable housing. An AHOZ was established in the Zoning Code for Low Income (AH-L) and Moderate Income (AH-M) households . This included providing flexible development standards that will allow the densities up to 30 dwelling units per acre. Placement of an AHOZ designation was completed in 2012 on six (6) publicly-owned sites, three of which remain in the Residential Sites Inventory for the provision of affordable housing. Waivers or reduced standards, incentives and concessions may also be applied to AHOZ sites and shall be consistent with density bonus provisions. A program is added to update the PMC consistent with
r-1'••-n• C,•-•- nan-i>u D-nnc •-••
'<:I"
'<:I" ....
0 N
'<:I"
March 18, 2025, Item #6
Update Public Safety To update the Public Safety Element of the General Plan so that it is consistent Element to Ensure with State law and address wildfire Consistency with the risks Adopted and other hazards to the community . Housing Element Addresses oolicies A1 A6 and B1 Implementation of SB35 Adopt procedures for processing of Permit Streamlining Process for New new affordable housing projects that
Affordable are qualified for SB 35 streamlining.
Housina Addresses Policies 82 and B4.
Amend the City's General Plan and
Municipal Code to establish
Objective Design objective design standards for
Standards affordable housing projects where the
City's discretion over design review is
preempted by State law. Addresses
IPnlirioc B1
Amend the Municipal Code and, if
Adopt Development necessary, the General Plan to adopt
Standards for Parking, standards for parking, open space, and Open Space, and recreational areas in the Floodway to
Recreational provide more usable land and open
Areas in Floodways space for residential development.
Addresses Policies B1, 82, and 84.
To reduce constraints to housing Parking Requirements development Facilitate the construction of 19 ADUs Accessory Dwelling Units annually (minimum) Provide information on Make Poway residents aware of these issues , laws, and available services for Fair Housing in Quarterly fair housing. Addresses policies C1 and Newsletter C2.
Obtain and Distribute Promote the awareness of the services Flyers on Fair Housing and laws discussed by the
from San Diego County posters. Addresses policies C1 and C2.
Obtain and Display Promote the awareness of the services Posters on Fair Housing and laws discussed by the from the State of posters. Addresses policies C1 and C2 California Include Anti- Deed Restrictions for Affordable
Discrimination HousingEnsure a legal City mechanism
Clauses in Deed for complaints against housing
Restrictions for discrimination in deed transactions.
Affordable Housina Addresses Policv C1.
Amend the City's General
Plan and Municipal Code
within one year of
adoption of the Housing
Element
Within one year of the
adoption the Housing
Element update.
Amend the City's General
Plan and Municipal Code
within one year
of adoption of the
Housing Element.
Amend the Municipal
Code and, if necessary ,
the General Plan
within three years of
adoption of the Housing
Element.
Annual Review, 2020-2029
Annual Review, 2020-2029
Annual Review, 2020-2029
Ongoing, 2020-2029
Ongoing, 2020-2029
2020-2029
A consultant has been hired to assist with completing the Public Safety Element Update. The City expects to complete the update in 2025.
Ongoing. The City will update as required.
Ongoing.The City has engaged a consultant to assist with evaluation of updates to objective design standards . General Plan and Municipal Code includes objective design standards. The City will update as needed.
The City will update as required.
Ongoing. The Poway Road Specifc Plan includes parking reductions for housing developments. The General Plan and Municipal Code will be updated to reduce oarkina reauirements as needed.
Ongoing. The City issued 34 building permits for ADUs and 11 Certificates of Occupancy were issued for ADUs in 2024. The City will continue to monitor ADU oermittina and construction .
The City will include an article in at least one of the City e-newsletters per year providing information concerning housing discrimination, Fair Housing law and available assistance .
Promote the awareness of the services
and laws discussed by the posters. Addresses policies C1 and C2.
The City will request posters from the California Fair Housing and Employment display them in appropriate locations in public buildings.
In all deed restrictions required of affordable housing developments, the City will require inclusion of an anti-discrimination clause. """ """ ....
0 M
"""
March 18, 2025, Item #6
Promote knowledge of Fair Housing law
Continue to Assist in and services and ensure Poway
Addressing Fair Housing residents have access to appropriate Questions Fair Housing services. Addresses
Policv C2.
To ensure that Poway has an
environment where housing
Reduce Impediments to opportunities are fair for all racial , Furthering Fair Housing ethnic, social, and economic groups and further fair housing pursuant to AB
686. Addresses Policies C1-C5.
Ongoing. The City will continue to assist with Fair Housing questions when 2020-2029 possible and refer questions to other agencies as appropriate . The City will also provide this information on its website to gain additional public outreach . ungomg. 1 ne 1,.;Ity w111 continue to monitor 1-'rogram JJ ana upaate me l:ienera, Plan and Municipal Code as needed. Every three years, monitor race and ethnicity demographics and locations of new housing units as a part of the annual program report to ensure actions and trends continue to reduce the 2020-2029 disparity (2023, 2026, and 2029 Housing Element Annual Progress Reports).
The City will continue to encourage Caltrans and SANDAG to improve the Scripps PowayParkway (Tier 3 Employment Center) and SR-67 corridors as multi-modal corridors with transit. The City will continue to encourage the State and Federal governments to reduce impediments to furthering fair .. ,., .. .,;--
-.:t"
-.:t"
....
0 -.:t"
-.:t"
March 18, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
March 18, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
Appointments to the Budget Review Committee and Parks and Recreation Advisory Committee
At the Novembe r 19, 2024 Regular City Council meeting, Council approved the Local Appointments List of City Council Appointed Committees for 2025, which included three (3) regularly scheduled vacancies on the Budget Review Committee and five (5) regularly scheduled vacancies on the Parks and Recreation Advisory Committee for calendar year 2025. The City Clerk's Office placed a notice of vacancy on the bulletin board outside City Hall and on the City website. The application period was opened on Monday , January 13, 2025 and closed on Thursday, February 13, 2025. Thirteen (13) applications were received from residents wishing to serve on the BRC, and thirteen (13) applications were received from residents wishing to serve on the PRAC. In early February, BRC member Cynthia Elizondo (Mayor Vaus' appointment) notified the City she would be moving out of the City limits and would therefore be ineligible to serve on the BRC. As a result there is an unscheduled vacancy on the BRC noted below .
Recommended Action:
It is recommended the City Council approve to appoint: fou r (4) members to the Budget Review Committee, as nominated by Council, to include three (3) two-year terms expiring December 31 , 2026 and one (1) one-year term expir ing December 31, 2025; and five (5) members to the Parks and Recreation Advisory Committee, as nominated by Council, to include five (5) two -year terms expiring December 31, 2026.
Discussion:
Government Code Sections 54970-54974, also known as the Maddy Act, is a means of increasing the public's awareness of opportunities to be appointed to their commissions or committees . The City currently has two committees that fall under these provisions of the government code - the Budget Review Committee (BRC) and the Parks and Recreation Advisory Committee (PRAC). 1 of 3
March 18, 2025, Item #7
At the November 19, 2024 Regular City Council meeting, Council approved the Local Appointments List of City Council Appointed Committees for 2025, which included vacancies on the Budget Review Committee and the Parks and Recreation Advisory Committee for calendar year 2025.
Each of the committees consists offive members appointed by the Mayor with the concurrence of the City Council. Each Councilmember can offer one nomination for appointment to each of the committees for Council consideration if a vacancy exists within their Council seat.
Due to three (3) expiring terms and the recent resignation of Cynthia Elizondo from the BRC, the City has (4) vacancies on the BRC. Three (3) appointees for the expired vacancies will serve two-year terms ending December 2026, while the one (1) appointee for the vacancy created by a recent resignation will serve out the remaining term expiring in December 2025. The City has five (5) vacancies on the PRAC.
Application materials were made available on the City's website and in the City Clerk's Office between the period of Monday, January 13, 2025 through 5:00 p.m. on Thursday, February 13, 2025. Thirteen (13) applications were received from residents wishing to serve on the BRC, and thirteen (13) applications were received from residents wishing to serve on the PRAC.
Staff received the following nominations from Council for the BRC:
Budget Review Committee - 4 Vacancies
fl/layor_!>r City Councilm_ember
Mayor Vaus
Deputy Mayor De Hoff
Councilmember Maeda
Councilmember Pikus
Nominee
' Phil Rath
, Steven Bauman
. Chris Olps
Alec Huettinger
L~ngth of _!erm
One Year Ending December 31, 2025
Two Years Ending December 31, 2026
Two Years Ending December 31, 2026
Two Years Ending December 31, 2026
Staff received the following nominations from Council for the PRAC:
Parks and Recreation Advisory Committee - 5 Vacancies
Ma}'or or City Councilmember
Mayor Vaus
Deputy Mayor De Hoff
Councilmember Blain
Councilmember Maeda
Councilmember Pikus
Environmental Review:
Nominee
• Sherry Bravo
Nick Carruthers
Janie Schock
Juliet Vasel-Phillips
Gregg Brandalise
Length of Term
Two Years Ending December 31, 2026
Two '!'ears En~ing December 31, 2026
Two Years E_nding December _31, 2026
Two Years Ending December 31, 2026
Two Years Ending December 31, 2026
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
2 of 3
March 18, 2025, Item #7
Public Notification:
None.
Attachments:
None.
Reviewed/Approved By:
U})~ ~
Wendy serman
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved B~;.:
Ch~
City Manager
3 of 3
March 18, 2025, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 18, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
City Council Waiver of Privilege Re Communications with Council member Blain regarding Remote Meeting Participation
Beginning in December 2024, Councilmember Blain has repeatedly asked the City Attorney's Office about the rules for appearing remotely at City Council meetings and has been provided detailed descriptions of state law - specifically, the Brown Act - regarding the same. On March 10, 2025, Councilmember Blain notified both the City Manager and City Attorney's Offices he has an upcoming 90 day Army deployment starting on a yet to be provided date, and was again seeking specific instructions for how to participate remotely in City Council meetings while deployed. The City Attorney's Office resent the previously provided information, specifically noting remote participation rules are established by California Government Code (the Brown Act) and cannot be superseded by local ordinances. The rules for (and limits on) remote participation have no relation to excused absences and missing City Council meetings.
In response to the factual information provided, Councilmember Blain both in email and publicly on line falsely accused the City Attorney's office and others of attempting to "kick him off Council" and conflated rules regarding remote participation with excused absences, which are found in completely separate areas of the law. Despite being informed repeatedly that absences during deployment would be excused, Councilmember Blain continued accusing the City Council and City Attorney's office of conspiring to get him off of the City Council and reached out to the media sharing grossly inaccurate information.
Councilmember Blain has posted a number of the City Attorney's office's emails containing legal advice regarding remote meeting participation on his personal website. Councilmember Blain was informed these are attorney-client privileged emails and he cannot unilaterally disclose them. In response, Councilmember Blain denied they are subject to the attorney-client privilege, and refused to remove them from his personal website. Other individual Councilmembers reached out to the City Attorney to ask that privilege be waived as to those communications, and all other related communications, so that the truth of what has occurred is readily available to the public. 1 of 4
March 18, 2025, Item #8
Councilmember Blain himself specifically requested all of the March 11, 2025 emails between himself and the City Attorney's office be made public, stating in an email at 5:37 p.m. on March 11, 2025 "[p]lease make all of my recent e mails public record and agenda items for transparency, as well as every single response." The City Attorney's office agrees with this request.
Notably, while the focus of the emails is remote participation in City Council meetings during an upcoming deployment, no deployment dates or deployment orders have been provided to the City as of the preparation of this report.
Recommended Action:
It is recommended the City Council vote to waive attorney-client privilege regarding all communications between Councilmember Blain and the City Attorney's office regarding remote appearances at City Council meetings, and for all communication between Councilmember Blain and the City Attorney's office that occurred on March 11, 2025.
Discussion:
All emails between Councilmember Blain and the City Attorney's office regarding remote appearances at City Council meetings, as well as all the emails from March 11, 2025, have been compiled as redacted Attachment A, which contains an index of the emails subject to potential waiver. The emails themselves have been provided privately to the City Council for review and printed out for each Council member at the dais. If the City Council votes to waive privilege, those emails will appear as an attachment to this report online following the March 18, 2025 City Council meeting, and be publicly available via the City's website.
Environmental Review:
None.
Fiscal Impact:
None.
Public Notification:
None.
Attachments:
A. Emails between Council member Blain and the City Attorney's Office Subject to Proposed Waiver of Privilege
Reviewed/Approved By:
w.%tJ:,~
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Chris aze ine
City Manager
March 18, 2025, Item #8
Sent Date Sent Time Description Page Nos
03/10/2025 5:41PM Email from T. Blain to W. Kaserman, A, Patterson re COL Blain EMAIL0001 Army orders
03/10/2025 7:26 PM Email from A. Patterson to T. Blain, W. Kaserman RE: COL Blain EMAIL0002 - Army orders EMAIL0003
• Attachment: Email from A. Fenstermacher to T. Blain, C . EMAIL0004 - Hazeltine, J. Maeda Re: Military/ First Responder City EMAIL000B Ordinance
03/11/2025 4:16 AM Email from T. Blain to A. Patterson, W. Kaserman Re: COL Blain EMAIL0009 - Army orders EMAIL0010
03/11/2025 4:18AM Email from T. Blain to A, Patterson, W. Kaserman Re: COL Blain EMAIL0011 - Army orders EMAIL0013
03/11/2025 6:14 AM Email from T. Blain to A, Patterson, W. Kaserman, J. Maeda Re: EMAIL0014 - COL Blain Army orders EMAIL0016
03/11/2025 7:47 AM Email from A. Patterson to T. Blain, W. Kaserman, J. Maeda RE: EMAIL0017 - COL Blain Army orders EMAIL0021
• Attachment: Email from A. Fenstermacher to T. Blain, C . EMAIL0022 - Hazeltine, J. Maeda Re: Military/ First Responder City EMAIL0026 Ordinance
03/11/2025 7:51 AM Email from T. Blain to A, Patterson, W. Kaserman, J. Maeda Re: EMAIL0027 - COL Blain Army orders EMAIL0031
03/11/2025 8:23AM Email from T. Blain to A, Patterson, W. Kaserman, J. Maeda Re: EMAIL0032 - COL Blain Army orders EMAIL0037
03/11/2025 2:34 PM Email from A. Fenstermacher to T. Blain, C. Hazeltine, W. EMAIL0038 - Kaserman, A, Patterson RE: COL Blain Army orders EMAIL0043 03/11/2025 3:31 PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0044 - Kaserman, A, Patterson Re: COL Blain Army orders EMAIL0049 03/11/2025 3:34.PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0050 - Kaserman, A, Patterson Re: COL Blain Army orders EMAIL0055 03/11/2025 3:36 PM Email from A. Fenstermacher to T. Blain, C. Hazeltine, W. EMAIL0056 - Kaserman, A. Patterson RE: COL Blain Army orders EMAIL0063 03/11/2025 3:39 PM Email from A. Fenstermacher to T. Blain, C. Hazeltine, W. EMAIL0064 - Kaserman, A, Patterson RE: COL Blain Army orders EMAIL0072 03/11/2025 3:55 PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0073 - Kaserman, A, Patterson Re: COL Blain Army orders EMAIL00B0 1 3 of 4 ATTACHMENT A
March 18, 2025, Item #8
Sent Date Sent Time Description Page Nos
03/11/2025 3:57 PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0081 - Kaserman, A, Patterson Re: COL Blain Army orders EMAIL0089 03/11/2025 4:28 PM Email from A. Fenstermacher to A. Fenstermacher, C. Hazeltine, EMAIL0090 W. Kaserman, A, Patterson (BCC: City Council) re Continued Correspondence
• Attachment: Email from T. Blain to A. Fenstermacher, C . EMAIL0091 - Hazeltine, W. Kaserman, A, Patterson Re: COL Blain EMAIL0096 Army orders
• Attachment: Email from T. Blain to A. Fenstermacher, C . EMAIL0097 - Hazeltine, W. Kaserman, A, Patterson Re: COL Blain EMAIL0104 Army orders
• Attachment: Email from T. Blain to A. Fenstermacher, C . EMAIL0105 - Hazeltine, W. Kaserman, A, Patterson Re: COL Blain EMAIL0110 Army orders
• Attachment: Email from T. Blain to A. Fenstermacher, C . EMAIL0111 - Hazeltine, W. Kaserman, A, Patterson Re: COL Blain EMAIL0121 Army orders
03/11/2025 4:55 PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0122 - Kaserman, A, Patterson Re: Continued Correspondence EMAIL0123 03/11/2025 4:58 PM Email from A. Fenstermacher to A. Fenstermacher, C. Hazeltine, EMAIL0124- W. Kaserman (BCC: City Council) Fwd: Continued EMAIL0125 Correspondence
03/11/2025 5:37 PM Email from T. Blain to A. Fenstermacher, C. Hazeltine, W. EMAIL0126 - Kaserman Re: Continued Correspondence EMAIL0127
03/11/2025 6:28 PM Email from T. Blain to W. Kaserman, A. Fenstermacher re HR EMAIL0128 2 4 of 4
March 18, 2025, Item #8