AG E N DA Poway City Council
Council Ch amber I 13325 Civic Center Drive I Poway , CA I 92064 May 20, 2025 I 7 p.m.
Thank you for participating in your local government and the City of Poway Council meetings.
Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.
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Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
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Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmember
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 fo r 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 Munici pal Code, the speaking time may be reduced. Speakers have one opportun ity to addres s the Council under Public Comment.
CONSENT CALENDAR: The Consent Ca lendar may be enacted in one moti on by the Council with a Roll Ca ll Vote without discussion unless a Councilm ember, a member of the pub lic, or City Manager reque sts that an item be remove d fo r discussion.
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Second Reading and Adoption of Ordinance No. 874 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 15.24 and 8.76 of the Poway Municipal Code, to Designate Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection and Consolidate Defensible Space Regulations"
3. Award of Agreement to West Coast Arborists, Inc. for Urban Forestry Maintenance Services
4. Poway Housing Successor Annual Report for Fiscal Year 2023-2024
5. Award of Contract to Quality Construction & Engineering Inc. for the FY 2024-2025 Street Overlay Project; Bid No. 25-010
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:
6. Conditional Use Permit 24-0003, a Request to Expand an Existing Residential Care Facility for the Elderly from Five to 11 Bedrooms at 14203 Midland Road (APN 314-193-47-00) City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the attached Resolution approving CUP 24-0003. 2 of 3 Regular City Council Meeting May 20, 2025
7. Tentative Parcel Map (TPM) 24-0002, a Request to Subdivide One Vacant Parcel into Two Single Family Residential Parcels (APN 321-110-52)
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution approving TPM 24-0002.
STAFF REPORTS: None
WORKSHOPS: None
COUNC IL-INITIA TED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
ADIOURNMENT:
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 May 13, 2025.
Said meeting to be held at 7:00 p.m., May 20, 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. ,L&w~ Jldffe_
Carrie Gallagher, CMc,City Cler
3 of 3 Regular City Council Meeting May 20, 2025
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
May 20, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk C{
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]
CITY COUNCIL
Second Reading and Adoption of Ordinance No. 874 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 15.24 and 8.76 of the Poway Municipal Code, to Designate Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection and Consolidate Defensible Space Regulations"
The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on May 6, 2025. There was one (1) speaker.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading:
Recommended Action:
AYES:
NOES:
BLAIN, MAEDA, PIKUS, DE HOFF, VAUS
NONE
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 874.
Environmental Review:
None.
Fiscal Impact:
None.
1 of 14 May 20, 2025, Item #2
May 20, 2025, Item #2
Public
Notification:
A
Notice
of
Public
Hearing
was
published
in
the
Poway
News
Chieftain
on
Thursday,
April
24,
2025.
An
ordinance
summary
notice
was
published
in
the
Poway
News
Chieftain
on
Thursday,
May
15,
2025.
A
certified
copy
of
this
Ordinance
will
also
be
posted
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
section
36933.
Attachments: A.
Ordinance
No
. 874
Reviewed/Approved
By:
WenKaserman Assistant
City
Manager
2 of
14 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By:
c{IJ;fQ
,
City
Manager
May 20, 2025, Item #2
ORDINANCE NO. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA AMENDING CHAPTERS 15.24 AND 8.76
OF THE POWAY MUNICIPAL CODE, TO DESIGNATE FIRE
HAZARD SEVERITY ZONES AS RECOMMENDED BY THE
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND CONSOLIDATE DEFENSIBLE SPACE
REGULATIONS
WHEREAS, SB63 "Fire Prevention: Vegetation Management: Public Education: Grants:
Defensible Space: Fire Hazard Severity Zones" (2021) amended Government Code section 51178 to direct the State Fire Marshal to identify moderate, high, and very high fire hazard severity zones;
WHEREAS, Government Code 51179 requires the local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal; WHEREAS, the City Council of the City of Poway finds that the City of Poway is at serious risk of wildfire due to its terrain, climate, and the presence of highly flammable native vegetation; WHEREAS, Government Code 51182 and California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3 identify requirements for the maintenance of defensible space for all occupied dwellings within a very high fire hazard severity zone; WHEREAS, Ordinance No. 677 amended Chapter 8.76 of the Poway Municipal Code to create a defensible space program to be implemented in accordance with the City of Poway Wildfire Defensible Space Program Policy;
WHEREAS, Ordinance No. 698 amended Chapter 15.05.070, subsequently re-numbered to Chapter 15.24.100, to allow for the identification of hazardous fire areas by the Fire Authority Having Jurisdiction (FAHJ); and
WHEREAS, it has been determined that there is a need to update Chapter 15.24 and Chapter 8. 76 to consolidate the applicable defensible space regulations within a single chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Poway Municipal Code Section 15.24.030 "Definitions" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3 of 14
Defensible Space. An area either natural or man made, abutting and/or adjacent to a structure where material capable of allowing a fire to spread unchecked has been treated, cleared, or modified to slow the rate and intensity of fire spread to provide defense from an advancing wildfire and to create an area for fire suppression operations to occur. Distance measurements for defensible space
ATTACHMENT A
May 20, 2025, Item #2
Ordinance No. 87 4
shall be measured on a horizontal plane and in accordance with Section Four of the City of Poway Landscape and Irrigation Design Manual.
Hazardous Fire Area. Any geographic area mapped by the State or designated by a the FAHJ as a moderate, high or very high fire hazard area or 1Nhich the FAHJ has determined is a hazardous fire area because the type and condition of vegetation, topography, weather and structure density increase the probability that the area will be susceptible to wildfire.
Heritage Tree. Any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
Highly Flammable Native Vegetation. Species that provide large fuel loads such as sumac, native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not include low fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
Local Responsibility Area (LRA). Areas in which the financial responsibility of preventing and suppressing fires is the responsibility of the City.
Structure. Includes any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
SECTION 3: Poway Municipal Code Section 15.24.040 "General Precautions Against Fire" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
4 of 14
Section 305.6 is added to read:
305.6 Rockets, model aircraft and similar devices. Rockets, model airplanes, gliders, balloons, sky lanterns, floating luminaries or similar devices powered with an engine, propellant, open flame, or other feature liable to start or cause a fire shall not be projected into or across hazardous fire areas or areas identified as a fire hazard severity zone without prior approval of the fire code official.
Section 324 is added to read:
STORAGE OF FIREWOOD
324.1 Storage of Firewood General. Firewood shall not be stored in unenclosed space beneath a building or structure, on a deck or under eaves, a canopy or other projection or overhand. Firewood May 20, 2025, Item #2
Ordinance No. 87 4
stored in the defensible space surround a structure In the very high fire hazard severity zone firewood shall be stored at least 30 feet from any structure, be separated from the crown of any trees by a minimum of 15 feet, measured horizontally, and have a minimum of 10 feet of clearance, down to bare mineral soil. in all directions.
Firewood not for use on the premises shall be stored so as to not pose a fire hazard.
Exceptions:
1.,_ Firewood piles that are completely covered in a fire resistant material are exempt.
Section 325 is added to read:
Section 325 Declaration of Public Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, which by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance.
A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal.
Highly flammable native vegetation shall be reduced as described in 4907.4.1.
Section 325.1 is added to read:
Section 325.1 Abatement of Public Nuisance. If the responsible person fails or neglects to abate the nuisance, abatement may be completed in accordance with Section 8. 76 of the Poway Municipal Code.
SECTION 4: Poway Municipal Code Section 15.24.100 "Wildland-Urban Interface Fire Area" is hereby amended as follows, with additions in underline, and deletions in strikethrough:
5 of 14
Section 4904.4 is added to read:
4904.4 Local Responsibility Area Fire Hazard Severity Zones. The City of Poway designates the fire hazard severity zones as recommended by the Office of the State Fire Marshal pursuant to Government Code Section 51178.
Section 4904.4.1 is added to read:
4904.4.1 Parcel Identification. Any parcel that is within one or more fire hazard severity zones or is partially included in a fire hazard May 20, 2025, Item #2
6 of 14
Ordinance No. 874
severity zone shall be considered entirely within the most restrictive of the fire hazard zones identified.
Section 4904.4.2 is added to read:
4904.4.2 Display of Fire Hazard Severity Zones and Hazardous Fire Areas. The maps have been duly noticed and posted as required by law and are available for public viewing at the office of the City Clerk or on the City of Poway website.
Section 4907.4 4905.4 is added to read:
4905.4 General Fire Setbacks. Within Rural Residential Zones, except for noncombustible buildings and structures, buildings and structures located within a wildland-urban interface area shall be setback a minimum of 30 feet from property lines and biological conservation and/or open space easements unless the Poway Municipal Code requires a greater minimum or if existing legally permitted buildings and structures are located within 30 feet of the property line (legal nonconforming), then the existing distance from the property lot line established by the nonconforming portion of the building shall be used as the required setback distance for any detached accessory structures or additions to that building. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge.
Exception:
1. When the fire code official determines the hazard from a wildland fire is not significant or when the terrain, parcel size or other constraints on the parcel make the required setback infeasible, this setback may be reduced to less than 30 feet when additional measures are employed to the satisfaction of the fire code official.
2. No other exceptions to the General Fire Setback is permissible except for where local setbacks are pre-empted by State law. the creation of Accessory 01.velling Units and Junior Accessory Dv,elling Units as defined in PMC Title 17.
Section 4907.5 4905.5 is added to read:
4907.5 4905.5 Structure Setback from Slope. Single-story structures shall be setback a minimum 15-feet horizontally from top of slope to the farthest projection from a roof. A single-story structure shall be less than 12-feet above grade. A two-story structure shall be setback a minimum of 30-feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1.
May 20, 2025, Item #2
7 of
14 Exceptions:
Ordinance
No.
874
Page
7 1.
Structures
constructed
with
a
noncombustible
exterior
wall
adjacent
to
the
slope,
no
openings
adjacent
to
the
slope,
no
combustible
attachments
to
the
exterior
wall
adjacent
to
the
slope,
and
no
roof
eaves
adjacent
to
the
slope.
2. There
exists
no
open
wildland
fuel
area
directly
adjacent
or
juxtaposed
to
the
structure
, and
the
slope
is
directly
adjacent
to
developed
parcels
with
fuel
management
principals
principles
in
place
.
3. The
fire
code
official
determines
the
hazard
to
be
minimal.
Section
4907
.9
4906.3
is
aaaea
modified
to
read:
4907.9
4906.3
. Landscape
Plans
. Landscape
plans
are
required
for
new
residential
developments,
residential
custom
homes,
production
tract
homes,
multi-family
residential,
and
commercial
buildings
in
the
wildland-urban
interface
area.
The
plan
shall
include
development
and
maintenance
requirements
for
the
fuel
modification
zone
adjacent
to
structures
and
roadways,
and
to
provide
significant
fire
hazard
reduction
benefits
for
public
and
firefighting
safety.
Landscape
plans
shall
be
submitted
and
approved
by
the
Development
Services
Department
and
the
fire
code
official
prior
to
the
issuance
of
a
building
permit.
Landscape
plan
submittals
shall
follo•.v
the
submittal
requirements
found
in
the
Landscape
and
Irrigation
Design
Manual
and
shall,
at
a
minimum,
include
a
readable
scale,
the
delineation
of
100
foot
fuel
modification
zones,
the
existing
vegetation,
all
irrigated
areas,
a
plant
legend
with
both
botanical
and
common
names,
and
identification
of
all
plant
material
symbols.
The
fire
code
official
may
expand
or
reduce
the
distance
of
the
fuel
modification
zones
based
on
project
location
, surrounding
vegetation,
and
topography.
Section
4906.3
is
modified
to
read:
4906
.3.1
Contents
.
Landscape
plans
shall
follow
the
submittal
requirements
found
in
the
Landscape
and
Irrigation
Design
Manual
and
shall,
at
a
minimum,
include
:
1. Delineation
of
the
5-foot,
30-foot,
and
100-foot
fuel
management
zones
from
all
structures.
2. Identification
of
the
existing
vegetation
to
remain
and
proposed
new
vegetation
.
3. Identification
of
all
irrigated
areas.
4. A
plant
legend
with
both
botanical
and
common
names,
and
identification
of
all
plant
material
symbols.
5. Identification
of
ground
coverings
within
the
5-foot
and
30-foot
zones
6. A
readable
scale
May 20, 2025, Item #2
8 of 14
Section 4907.10.1 4906.3.2 is added to read:
Ordinance No. 87 4
4907.10.1 4906.3.2 Landscape Installation. All landscaping shall be installed according to the landscape plan prior to final inspection for issuance of a certificate of occupancy.
Section 4907.6 4906.5 is added to read:
Section 4907.6 4906.5 Fuel Modification. A person owning, leasing, controlling, operating or maintaining a building or structure in or adjoining a hazardous fire area, and a person o•Nning, leasing or controlling land adjacent to a building or structure in or adjoining a hazardous fire shall maintain an effective fuel modification zone by removing, clearing or modifying combustible vegetation and other flammable materials from areas Within 100-feet from each building or structure, or as determined by the fire code official, all new vegetation shall be planted and all existing vegetation shall be modified as further described below. With the approval of the fire code official, the width of the fuel modification zone may be reduced 1Nhere ignition resistant construction or other mitigation measures are implemented. The fuel modification zone shall be maintained according to applicable defensible space and vegetation management policies, the VVildfire Defensible Space Program and the City of Poway Landscape and Irrigation Design Manual.
Fuel Modification Zones.
Zone O "Immediate Zone" from O to 5 feet. This zone shall consist of the area under and around buildings or structures and measures from the exterior wall surface or edge, patio, deck, or attachments to, and extending out to 5 feet. This zone shall be constructed of continuous hardscape or non-combustible materials. The use of natural mulch and other combustible materials shall be prohibited.
Zone 1 "Intermediate Zone" from 5 to 30 feet. This zone shall consist of 25 feet of planting of low growth, drought tolerant and fire resistive plant species from 5 to 30 feet or to the property line, whichever is closer. Vegetation in this zone shall be irrigated and planted in accordance with the City of Poway Landscape and Irrigation Design Manual.
Zone 2 "Extended Zone" from 30 to 100 feet. This zone shall consist of 70 feet of maintained vegetation from 30 to 100 feet, or to the property line, whichever is closer. Vegetation in this zone shall be maintained in accordance with the City of Poway Landscape and Irrigation Design Manual.
Exceptions:
1. Single specimens of trees, ornamental shrubbery or similar plants used as ground cover, provided that they do not form a May 20, 2025, Item #2
9 of 14
Ordinance No. 874
means of rapidly transmitting fire from the native growth to any structure.
2. With the approval of the fire code official, the width of the fuel modification zone may be reduced where ignition-resistant construction or other mitigation measures are implemented.
Section 4907.6.1 4906.5.1 is added to read:
Section 4907.6.1 4906.5.1 Fuel Modification of Combustible Vegetation from Sides of Roadways. The FAHJ may require a property owner to modify combustible vegetation in the area within 10 feet from each side of the driveway or a public or private road adjacent to the property to establish a fuel modification zone. +l=le FAHJ has the right to enter a private property to ensure the fuel modification zone requirements are met.
Exception:
The FAHJ may reduce the fuel modification zone if it will not impair access.
Section 4906.5.2 is added to read:
Section 4906.5.2 Inspection. The FAHJ has the right to enter private property to ensure the fuel modification zone requirements are met.
Section 4907.6.2 4906.6 is added to read:
Section 4907.6.2 1906.6 Community Fuel Modification. The FAHJ may require a developer, as a condition of issuing a building permit certificate of occupancy, to establish document, with a landscape .P@I1 one or more fuel modification zones to protect a new community by reducing the fuel loads adjacent to a community and structures within it.
Section 4907.7 4906.6.1 is added to read:
Section 4907.7 4906.6.1 Land Ownership. Once a fuel modification zone has been established under section 4907.6 4906.6, the land on which the zone is located shall be under the control of an association or other common ownership established in perpetuity, for the benefit of the community to be protected.
Section 4907.4 is added to read:
Section 4907.4 Defensible Space. Any person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure that is within a very high fire hazard severity zone or hazardous fire area shall maintain defensible space in accordance May 20, 2025, Item #2
Ordinance
No.
874
Page
10 with
Government
Code
51182
and
California
Code
of
Regulations
Title
14,
Division
1.5,
Chapter
7,
Subchapter
3,
Article
3. Section
4907.4.1
is
added
to
read:
4907.4.1
Highly
Flammable
Native
Vegetation.
Highly
flammable
native
vegetation
shall
only
be
reduced
by
mowing
or
trimming
the
vegetation
to
a
height
of
6 to
12 inches,
leaving
the
plant
root
intact
to
stabilize
the
soil.
Native
vegetation
may
not
be
reduced
by
clearing,
brushing
or
grubbing
and
may
not
be
removed
to
bare
soil.
Native
vegetation
may
not
be
removed
beyond
the
fuel
modification
zone
without
a
permit.
Section
4907.4
.2
is
added
to
read
:
4907.4
.2
Good
Neighbor
/
Neighborhood
Protection.
When
a
structure
is
less
than
100
feet
from
a
property
line
and
hazardous
vegetation
on
an
adjacent
improved
or
unimproved
parcel
is
deemed
to
be
a fire
hazard
to
the
structure,
the
responsible
person
where
the
fire
hazard
exists
shall
be
responsible
for
removing
the
fire
hazard
in
that
area
that
is
within
100
feet
of
the
structure.
The
determination
for
appropriate
clearance
distances
will
be
made
by
the
fire
code
official
based
upon
a
visual
inspection
of
the
parcel
and
shall
consider
all
factors
that
place
the
property
or
structure
at
risk
from
an
approaching
fire.
These
factors
shall
include
local
weather
conditions,
fuel
types,
topography,
and
the
environment
where
the
property
or
structure
is
located.
Section
4907.4
.3
is
added
to
read
:
Section
4907.4.3
Exceptions
. The
following
types
of
vegetation
may
require
an
administrative
clearing
permit
and
shall
not
be
subject
to
reduction
or
removal
pursuant
to
this
chapter
without
the
prior approval
of
the
fire
code
official:
1. Heritage
Trees.
2. Vegetation
within
streambeds,
banks,
and
vernal
pools
.
3. Vegetation
located
within
a
recorded
Biological
Conservation
Easement.
In
the
case
of
vegetation
that
is
within
any
habitat
that
is
required
to
be
removed
pursuant
to
this
chapter shall
be
mitigated
in
kind
by
the
property owner
at
a 1
: 1
ratio
.
SECTION
5:
Poway
Municipal
Code
Section
8. 76
"Defensible
Space,
Vegetation
Management
and
Waste
Accumulations"
is
hereby
amended
as
follows,
with
additions
in
underline,
and
deletions
in
strikethrough:
10 of
14 Chapter
8. 76
"Defensible
Space,
Vegetation
Management
Weed
Abatement
and
Waste
Accumulations"
8.76 .010
Purpose
and
Intent.
May 20, 2025, Item #2
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Ordinance No. 874
The City of Poway is at serious risk of wildfire due to its terrain, with steep mountainous slopes and valleys; a warm, dry climate; and highly flammable chaparral vegetation. For this reason, a comprehensive strategy for reducing the risk of wildfire is necessary. This strategy includes the creation of defensible space by clearing highly flammable chaparral vegetation around structures, and the Vegetation Management Program, involving the removal of highly flammable chaparral vegetation and the abatement of weeds and dry grasses.
The public health and safety are also threatened by the accumulation of waste material that is left out in the open, such as rubbish, crates, cartons, metal and glass containers, and vehicle bodies and parts. This chapter also provides for the abatement of accumulated waste material that has been determined to be a public nuisance.
The portions of this chapter related to defensible space shall be interpreted and implemented in a manner consistent with the City's Wildfire Defensible Space Program Policy.
8.76.015 Definitions
For the purposes of this chapter, the words set out in this section shall have the following meanings:
"Clearing", "brushing", or "grubbing" means the complete removal of vegetation to bare soil and is not a permitted activity to comply with the requirements of this chapter.
"Defensible Space" means an area that is either natural or manmade, where material capable of allowing a fire to spread unchecked has been treated or modified to slow the rate and intensity of an advancing wildfire, and to allow an area for fire suppression operations. Defensible space does not require clearing, brushing, or grubbing, grading or the exposure of bare soil. "Director of Development Services" means the Director of Development Services or his or her designee.
"Fire Marshal" means the Fire Marshal or his or her designee. "Fuel, light" means vegetation consisting of herbaceous plants and round wood less than one-quarter inch in diameter. Light fuels include, but are not limited to, western grasslands vegetated by annual or perennial grasses and/or weeds.
"Heritage tree" means any mature tree or mature stand of trees designated by the City Council as having historic or cultural significance.
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Ordinance No. 87 4
"Highly flammable chaparral natwe vegetation" means species that provide large fuel loads such as sumac, SGFOO native oak, chamise, grassland, chapparal, coastal sage scrub and sage. It does not inclµde low-fuel-load species such as toyon, yucca, lemonade berry, and other similar types of plants.
"Structure" means any of the following: (1) buildings designed primarily for human use, including attached structures such as garages; or (2) buildings designed to house large animals. "Structure" does not include sheds, storage buildings, or detached garages that are not designed for human use or the housing of large animals.
"Thinning" means the reduction of fuel by methods such as mowing and trimming that leave the plant root intact to stabilize the soil.
Thinning includes the cutting of highly flammable chaparral species to within six to 12 inches of the soil.
"Waste material" means unused or discarded matter having no substantial market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists, without limitation or exclusion by enumeration, of such matter and material as:
1. Rubble, asphalt, concrete, plaster, tile;
2. Rubbish, crates, cartons, metal and glass containers;
3. Vehicle bodies and parts.
8.76.020 Discretion.
Where discretion is given in this chapter to determine a public nuisance or reasonable probability thereof or any material question of fact raised in this chapter, that discretion shall lie with the Director of Development Services or Fire Marshal.
8.76.030 Defensible Space
Vegetation.
Highly Flammable Chaparral
A. Declaration of Nuisance. All highly flammable chaparral vegetation, and dead or dying trees or shrubs, growing upon the streets, sidewalks, or upon private property within the City, 1Nhich by reason of their size, manner of growth, and location constitute a fire hazard to any structure, improvements, crops or other property, are declared by this chapter to be a public nuisance. A dead or dying tree or shrub shall not be classified as a public nuisance unless the tree or shrub is in a condition that constitutes a fire hazard.
B. Nuisance Per Se. Any vegetation of a type described in subsection A of this section that is located within 100 feet of a structure shall constitute a public nuisance per so.
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C. Exceptions. The follo•.ving types of vegetation shall not be subject to reduction or removal pursuant to this chapter:
Ordinance No. 874
1. Low flammability plant species, including but not limited to toyon, yucca, and lemonade berry.
2. Ornamental landscaping.
3. Heritage trees.
4. Vegetation 1.vithin streambeds, banks, and vernal pools.
D. Reduction or Removal of Highly Flammable Chaparral
Vegetation.
1. All vegetation which constitutes a public nuisance pursuant to this section shall be reduced or removed as determined necessary by the Director of Development Services or Fire Marshal. Highly flammable chaparral vegetation shall be reduced only by thinning, and not by clearing, brushing, grubbing or grading.
2. In the case of light fuel vegetation which is located on a slope of less than 40 percent, the Fire Marshal may require a defensible space area of less than 100 feet from a
structure. Ho•.vever, in no case shall the required
defensible space area be less than 50 feet from a
structure.
3. In the case of vegetation that is within a recorded
biological conservation easement, any habitat that is
required to be removed pursuant to this chapter shall be mitigated in kind by the property o•.vner at a 1: 1 ratio.
8.76.035 Vegetation management Weed Abatement -Weeds and dry grasses.
8. 76.036 Reduction or Removal of Vegetation.
A. All vegetation which constitutes a public nuisance pursuant to this section shall be removed as determined necessary by the Director of Development Services or Fire Marshal. Native vegetation shall be reduced only by thinning, and not by clearing, brushing or grading.
SECTION 6: The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061 (b)(3) as it entails adoption of State-mandated codes, with minor local amendments, and there is no possibility this will have a significant effect on the environment.
SECTION 7: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions of or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
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May 20, 2025, Item #2
SECTION 8: This Ordinance shall be codified.
Ordinance No. 87 4
EFFECTIVE DATE: This Ordinance shall take effect and be in force as of July 1, 2025.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 6th day of May, 2025, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 20th day of May, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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May 20, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 20, 2025
Honorable Mayor and Members of the City C~uw
Eric Heidemann, Director of Public Works ':I:"-'
Danielle McIntosh, Senior Management Anal~
(858) 668-4729 or [email protected]
CITY COUNCIL
Award of Agreement to West Coast Arborists, Inc. for Urban Forestry Maintenance Services
The City of Poway (City) seeks to obtain tree urban forestry maintenance services (tree maintenance services) for approximately 15,000 City owned trees. The City participates 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 West Coast Arborists, Inc. utilizing an existing Agreement that was competitively bid by the City of Rialto. 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 July 1, 2025, through June 30, 2027, which is in line with the existing cooperative purchasing agreement. The Agreement may be extended through a total of two (2) separate one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for urban forestry maintenance services to West Coast Arborists, Inc., and authorize the City Manager to execute the necessary documents.
Discussion:
The City's tree maintenance services agreement (separate from landscape maintenance) provides professional tree trimming and maintenance for approximately 15,000 City owned trees located in parks, rights-of-way, landscape maintenance districts, and other public areas throughout the City.
Proactive tree maintenance plays a critical role in reducing safety risks to the public and property, such as falling limbs, obstructed sightlines for drivers and pedestrians, and interference with utility lines. Proper tree care also minimizes the risk of damage during severe weather events, helps prevent the spread of pests or diseases, and contributes to the overall health and longevity of the urban forest. 1 of 56
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The primary scope of work includes routine tree trimming and proper recycling and/or disposal of trimmings. Additional services provided on an as-needed basis include tree removal, planting, stump grinding, certified arborist consultation, support for storm damage or other emergencies. The City trims approximately 3,000 trees annually, on an average five-year trimming cycle. This cycle aligns with best management practices recommended by the California Joint Powers Insurance Authority UPIA), the City's Risk Management provider.
The City has maintained an agreement with West Coast Arborists, Inc. for the past 14 years and is satisfied with the quality of their services. West Coast Arborists, Inc. has consistently met the City's maintenance standards and provides unlimited access and support of the tree inventory software, Arbor Access. This software is an invaluable resource for the City, supporting a wide range of projects both within and beyond the scope of the tree maintenance services Agreement.
The City's current tree maintenance services Agreement expires on June 30, 2025. To ensure the continuation of these services, staff recommends entering into a new Agreement with West Coast Arborists, Inc. utilizing an existing Agreement with The City of Rialto. The overall cost of the new Agreement was deemed reasonable, reflecting a four (4) percent increase over the current agreement, which is an average increase based on the Consumer Price Index (CPI). The length of the proposed Agreement shall be for two (2) years beginning July 1, 2025, through June 30, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of two (2) separate one-year terms. The maximum length of the Agreement would be up to four (4) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds (approximately $515,000 on average annually) are being included in the: Water Supply, Treatment and Storage Divisions (402060-41200); Street Maintenance (411040-41200); Parks, Trails and Landscape (414040-41200); Facilities (415010-41200); LMD 19-1 (420140-41200); LMD 83- 1A (421040-41200); LMD 83-18 (421140-41200); LMD 83-1C (421240-41200); LMD 86-1A (423040- 41200); LMD 86-2A (424040-41200); LMD 86-28 (424140-41200); LM D 86-3A (425040-41200); LMD 86- 38 (425140-41200); and LMD 87-1 (426040-41200) proposed Fiscal Year 2025-26 budget for urban forestry maintenance services, which includes scheduled routine maintenance, that will be considered by the City Council on June 17, 2025. This does not include unanticipated projects. The Agreement will be awarded upon adoption of the proposed budget.
Landscape Maintenance District (LMD) tree maintenance services are determined by the LMD's annual assessment, budget, and service level, as outlined in the district's annual Engineer's Report.
Public Notification:
None.
Attachments:
A. Standard Agreement
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May 20, 2025, Item #3
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
l!b/£:2)
City Manager
May 20, 2025, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").
RECITALS
WHEREAS, City desires to obtain the services for providing urban forestry maintenance services to the City;
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 4 of 56 ATTACHMENT A
May 20, 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.
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9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item; and
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.
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DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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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)
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By: __________ _
Alan Fenstermacher, City Attorney
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WEST COAST ARBORISTS, INC.
By: ___________ _
Michael Palat, Vice President
May 20, 2025, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to perform Urban Forestry Maintenance Services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on March 18, 2025, which is included in this document as Attachment
1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing July 1, 2025, and ending June 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2027. 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.
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D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(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.
14 of 56
May 20, 2025, Item #3
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
15 of 56
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.
Anaheim, CA 92806
(Remainder of page intentionally left blank)
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8A8007BD-03E5-4FF6-8271-A46BDB9BC03B
ATTACHMENT
1 PROFESSIONAL
SERVICES
AGREEMENT
BETWEEN
THE
CITY
OF
RIAL
TO
AND
WEST
COAST
ARBORISTS,
INC
THIS
SERVICES
AGREEMENT
(herein
"Agreement")
is
made
and
entered
into
this
1st
day
of
July,
2024,
by
and
between
the
City
of
Rialto,
a
municipal
corporation
and
California
general
law
city
("City"),
and
West
Coast
Arborists
,
Inc.
a
California
C
Corporation,
("Consultant").
City
and
Consultant
are
sometimes
individually
referred
to
as
"Party"
or
collectively
as
uParties"
.
RECITALS
A.
City
has
sought,
by
Request
for
Proposals
No.
24-025,
the
performance
of
professional
services
related
to
the
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
GIS
inventory/internet
database,
as
defined
and
described
particularly
in
Article
1 of
this
Agreement.
B.
Following
the
submission
of
a proposal
for
the
perfonnance
of
the
services
defined
and
described
particularly
in
Article
1 of
this
Agreement,
Consultant
was
selected
by
the
City
to
perform
those
services.
C.
Pursuant
to
Chapter
2.48 of
the
Rialto
Municipal
Code,
City
has
authority
to
enter
into
and
execute
this
Agreement.
D.
The
Parties
desire
to
formalize
the
selection
of
Consultant
for
the
performance
of
those
services
defined
and
described
particularly
in
Article
1 of
this
Agreement
and
desire
that
the
terms
of
that
performance
be
as
particularly
defined
and
described
herein.
OPERATIVE
PROVISIONS
NOW,
THEREFORE,
in
consideration
of
the
mutual
promises
and
covenants
made
by
the
Parties
and
contained
herein
and
other
consideration,
the
value
and
adequacy
of
which
are
hereby
acknowledged,
the
parties
agree
as
follows:
ARTICLE
1. SERVICES
OF
CONSUL
TANT
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Scope
of
Services.
In
compliance
with
all
terms
and
conditions
of
this
Agreement,
Consultant
shall
provide
those
professional
services
associated
with
the
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
G[S
inventory/internet
database,
and
as
specified
in
the
"Scope
of
Services"
attached
hereto
as
Exhibit
"A"
and
incorporated
herein
by
this
reference,
which
services
may
be
referred
to
herein
as
the
"services"
or
"work"
hereunder.
As
a
material
inducement
for
City
to
enter
into
this
Agreement,
Consultant
represents
and
warrants
that
it
has
the
qualifications,
experience,
and
facilities
necessary
to
properly
perform
the
services
required
under
this
Agreement
in
a
thorough,
competent,
and
professional
manner,
it meets
all
local,
state,
and
federal
requirements
in
performing
the
services,
and
it is
experienced
in
performing
the
work
and
services
contemplated
herein.
Consultant
shall
at
all
times
faithfully,
competently,
and
to
the
best
of
its
ability,
experience,
and
talent,
perionn
all
services
described
herein.
Consultant
covenants
that
it
shall
follow
the
highest
professional
standards
in
performing
the
work
and
services
required
hereunder
and
that
all
materials
will
be
of
good
quality,
fit
for
the
purpose
intended.
For
purposes
of
this
Agreement,
the
phrase
"highest
professional
standards"
shall
mean
those
standards
of
practice
recognized
by
one
or
more
professional
firms
performing
similar
work
under
similar
circumstances.
1.2 Consultant's
Proposal.
The
Agreement
between
the
Parties
shall
consist
of
the
following:
(1)
this
Agreement;
(2)
the
Scope
of
Services;
(3)
the
City's
Request
for
Proposals
No.
24M025;
and,
(4)
the
Consultant's
signed,
original
proposal
submitted
to
the
City
("Consultant's
Proposal"),
(collectively
referred
to
as
the
"Contract
Documents").
The
Contract
Documents
and
Accepted
Proposal
shall
be
incorporated
herein
by
this
reference
as
though
fully
set
forth
herein.
In
the
event
of
any
inconsistency
between
the
Scope
of
Services,
Consultant's
Proposal,
and/or
this
Agreement,
the
tenns
of
this
Agreement
shall
govern.
1.3 Compliance
with
Law.
Consultant
shall
keep
itself
infonned
concerning,
and
shall
render
an
services
hereunder
in
accordance
with,
all ordinances,
resolutions,
statutes,
rules,
and
regulations
of
the
City
and
any
federal,
state,
or
local
governmental
entity
having
jurisdiction
in
effect
at
the
time
service
is
rendered.
1.4 Licenses,
Permits,
Fees,
and
Assessments.
Consultant
shall
obtain,
at
its
sole
cost
and
expense,
such
licenses,
pennits,
and
approvals
as
may
be
required
by
[aw
for
the
performance
of
the
services
required
by
this
Agreement.
Consultant
shall
have
the
sole
obligation
to
pay
for
any
fees,
assessments,
and
taxes,
plus
applicable
penalties
and
interest,
which
may
be
imposed
by
law
and
arise
from
or
are
necessary
for
the
Consultant's
performance
of
the
services
required
by
this
Agreement,
and
shall
indemnify,
defend,
and
hold
harmless
City,
its
officers,
employees
or
agents
of
City,
against
any
such
fees,
assessments,
taxes
penalties,
or
interest
levied,
assessed,
or
imposed
against
City
hereunder.
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8AB007BD-03E5-4FF6-8271-A46BDB98C03B 1.5
Familiarity
with
Work.
By
executing
this
Agreement,
Consultant
warrants
that
Consultant
(i)
has
thoroughly
investigated
and
considered
the
scope
of
services
to
be
performed,
(ii)
has
carefully
considered
how
the
services
should
be
performed,
and
(iii)
fully
understands
the
facilities,
difficulties,
and
restrictions
attending
performance
of
the
services
under
this
Agreement.
If
the
services
involve
work
upon
any
site,
Consultant
warrants
that
Consultant
has
or
will
investigate
the
site
and
is
or
will
be
fully
acquainted
with
the
conditions
there
existing,
prior
to
commencement
of
services
hereunder.
If
Consultant
discovers
any
latent
or
unknown
conditions
that will
materially
affect
the
performance
of
the
services
hereunder,
then
Consultant
shall
immediately
inform
the
City
of
such
fact
and
shall
not
proceed
except
at
City's
risk
until
written
instructions
are
received
from
the
Contract
Officer.
1.6 Care
of
Work.
Consultant
shall
adopt
reasonable
methods
during
the
life
of
the
Agreement
to
furnish
continuous
protection
to
the
work,
and
the
equipment,
materials,
papers,
documents,
plans,
studies,
and/or
other
components
thereof,
to
prevent
losses
or
damages,
and
shall
be
responsible
for
all
such
damages
to
persons
or
property,
until
acceptance
of
the
work
by
City,
except
such
losses
or
damages
as
may
be
caused
by
City's
own
negligence.
1.7 Prevailing
Wages.
Consultant
is
aware
of
the
requirements
of
California
Labor
Code
Section
1720,
et
seq.
and
1770,
et
seq.,
as
well
as
California
Code
of
Regulations,
Title
8,
Section
1600,
et
seq.,
("Prevailing
Wage
Laws"),
which
require
the
payment
of
prevailing
wage
rates
and
the
performance
of
other
requirements
on
"Public
Works"
and
"Maintenance"
projects.
It
is
the
understanding
of
City
and
Consultant
that
the
Prevailing
Wage
Laws
may
not
apply
to
this
Agreement
because
the
Agreement does
not
involve
any
services
subject
to
prevailing
wage
rates
pursuant
to
the
California
Labor
Code
or
regulations
promulgated
thereunder.
However,
Consultant
shall
defend,
indemnify,
and
hold
City,
its
elected
officials,
officers,
employees,
and
agents
free
and
harmless
from
any
claim
or
liability
arising
out
of
any
failure
or
alleged
failure
to
comply
with
the
Prevailing
Wage
Laws.
1.8 Further
Responsibilities
of
Parties.
Both
Parties
agree
to
use
reasonable
care
and
diligence
to
perform
their
respective
obligations
under
this
Agreement.
Both
Parties
agree
to
act
in
good
faith
to
execute
all
instruments,
prepare
all
documents,
and
take
all
actions
as
may
be
reasonably
necessary
to
carry
out
the
purposes
of
this
Agreement.
Unless
specified
in
this
Agreement,
neither
Party
shall
be
responsible
for
the
service
of
the other.
1.9 Additional
Services.
City
shall
have
the
right
at
any
time
during
the
performance
of
the
services,
without
invalidating
this
Agreement,
to
order
extra
work
beyond
that
specified
in
the
Scope
of
Services
or
make
changes
by
altering,
adding
to,
or
deducting
from
said
work.
No
such
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ID
: 8A8007BD-03E5-4FF6-8271-A46BDB9BC03B
extra
work
or
change
may
be
undertaken
unless
a
written
order
is
first
given
by
the
Contract
Officer
to
the
Consultant,
describing
in
detail
the
extra
work
or
change
and
the
reason(s)
therefor
and
incorporating
therein
any
adjustment
in
(i)
the
Contract
Sum
for
the
actual
cost
of
the
extra
work
or
change,
and/or
(ii)
the
time
to
perform
this
Agreement,
which
said
adjustments
shall
be
reflected
in
an
amendment
to
the
Agreement
subject
to
the
written
approval
of
the
Parties.
Any
amendment
to
this
Agreement
shall
be
reviewed
and
approved
by
the
City
Manager.
ln
accordance
with
Rialto
Municipal
Code
section
2.48.180,
increases
in
compensation
of
this
Agreement
may
be
approved
by
the
City
Manager
provided:
(a)
the
initial
Contract
Sum
was
fess
than
One
Hundred
Thousand
Dollars
($100,000)
and
the
amended
Contract
Sum
when
considering
any
or
all
amendments
will
not
exceed
One
Hundred
Thousand
Dollars
($100,000);
or
(b)
the
agreement
was
approved
by
the
City
Council
and
the
increases
in
compensation
taken
either
separately
or
cumulatively
do
not
exceed
One
Hundred
Thousand
Dollars
($100,000).
Any
greater
increases,
taken
either
separately
or
cumulatively
must
be
approved
by
the
City
Council.
Payment
for
additional
services
rendered
by
Consultant
under
this
Agreement
requires
the
submission
of
the
actual
costs
of
Consultant's
performance
of
the
extra
work
with
the
invoice(s)
for the
extra
work
claim(s),
as
provided
in
Section
2.4. It is
expressly
understood
by
Consultant
that
the
provisions
of
this
Section
shall
not
apply
to
services
specifically
set
forth
in
the
Scope
of
Services.
Consultant
hereby
acknowledges
that
it accepts
the
risk
that
the
services
to
be
provided
pursuant
to
the
Scope
of
Services
may
be
more
costly
or
time
consuming
than
Consultant
anticipates
and
that
Consultant
shall
not
be
entitled
to
additional
compensation
therefor.
City
may
in
its
sole
and
absolute
discretion
have
similar
work
done
by
other
contractors.
No
claim
for
an
adjustment
in
the
contract
amount
or
time
for
performance
shall
be
valid
unless
the
procedures
established
in
this
Section
are
followed.
ARTICLE
2. COMPENSATION
AND
METHOD
OF
PAYMENT
2.1 Contract
Sum.
Subject
to
any
limitations
set
forth
in
this
Agreement,
City
agrees
to
pay
Consultant
the
amounts
specified
in
the
"Schedule
of
Compensation"
attached
hereto
as
Exhibit
"B"
and
incorporated
herein
by
this
reference.
Upon
commencement
of
this
Agreement
the
total
compensation,
including
reimbursement
for
actual
expenses,
shall
not
exceed
Five
Hundred
Fifty
Thousand
Dollars
and
Zero
Cents
($550,000.00)
(the
"Contract
Sum").
The
Contract
Sum
may
also
be
increased
for
additional
services
pursuant
to
Section
1.9. 2.2
Method
of
Compensation.
The
method
of
compensation
may
include:
(i)
a
lump
sum
payment
upon
completion;
(ii)
payment
in
accordance
with
specified
tasks
or
the
percentage
of
completion
of
the
services;
(iii)
payment
for
time
and
materials
based
upon
the
Consultant's
rates
as
specified
in
the
Schedule
of
Compensation,
provided
that
time
estimates
are
provided
for
the
performance
of
sub
tasks,
but
not
exceeding
the
Contract
Sum;
or
(iv)
such
other
methods
as
may
be
specified
in
the
Schedule
of
Compensation.
2.3 Reimbursable
Expenses.
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ID:
8ABOO7BD-O3E5-4FF6-8271•A468D890CO3B Compensation
may
include
reimbursement
for
actual
and
necessary
expenditures
for
reproduction
costs,
telephone
expenses,
and
travel
expenses
approved
by
the
Contract
Officer
in
advance,
or
actual
subcontractor
expenses
of
an
approved
subcontractor
pursuant
to
Section
4.5,
and
only
if
specified
in
the
Schedule
of
Compensation.
The
Contract
Sum
shall
include
the
attendance
of
Consultant
at
all
project
meetings
reasonably
deemed
necessary
by
the
City.
Coordination
of
the
performance
of
the
work
with
City
is
a
critical
component
of
the
services.
If Consultant
is
required
to
attend
additional
meetings
to
facilitate
such
coordination,
Consultant
shall
not
be
entitled
to
any
additional
compensation
for
attending
said
meetings.
2.4 Invoices.
Each
month
Consultant
shall
furnish
to
City
an
original
invoice
for
al!
work
performed
and
expenses
incurred
during
the
preceding
month
in
a
form
approved
by
City's
Director
of
Finance.
By
submitting
an
invoice
for
payment
under
this
Agreement,
Consultant
is
certifying
compliance
with
all
provisions
of
the
Agreement.
The
invoice
shall
detail
charges
for
all
necessary
and
actual
expenses
by
the
following
categories:
labor
(by
sub-category),
travel,
materials,
equipment,
supplies,
and
subwcontractor
contracts.
Sub-contractor
charges
shall
also
be
detailed
by
such
categories.
Consultant
shall
not
invoice
City
for
any
duplicate
services
performed
by
more
than
one
person.
City
may
independently
review
each
invoice
submitted
by
the
Consultant
to
determine
whether
the
work
performed,
and
expenses
incurred
are
in
compliance
with
the
provisions
of
this
Agreement.
Except
as
to
any
charges
for
work
performed
or
expenses
incurred
by
Consultant
which
are
disputed
by
City,
or as
provided
in
Section
7.3,
City
will
use
its
best
efforts
to
cause
Consultant
to
be
paid
within
thirty
(30)
days
of
receipt
of
Consultant's
correct
and
undisputed
invoice;
however,
Consultant
acknowledges
and
agrees
that
due
to
City
warrant
run
procedures,
the
City
cannot
guarantee
that
payment
will
occur
within
this
time
period.
In
the
event
any
charges
or
expenses
are
disputed
by
City,
the
original
invoice
shall
be
returned
by
City
to
Consultant
for
correction
and
resubmission.
2.5 No
Waiver.
Review
and
payment
by
City
to
Consultant
of
any
invoice
for
work
perfonned
by
Consultant
pursuant
to
this
Agreement
shall
not
be
deemed
a
waiver
of
any
defects
in
work
performed
by
Consultant
or
of
any
rights
or
remedies
provided
herein
or
any
applicable
law.
ARTICLE
3. PERFORMANCE
SCHEDULE
3.1 Time
of
Essence.
Time
is
of
the
essence
in
the
performance
of
this
Agreement.
3.2 Schedule
of
Performance.
Consultant
shall
commence
the
services
pursuant
to
this
Agreement
upon
receipt
of
a
written
notice
to
proceed
and
shall
perform
all
services
within
the
time
period(s)
established
in
the
"Schedule
of
Performance"
attached
hereto
as
Exhibit
"C"
and
4872-4429-3
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incorporated
herein
by
this
reference.
When
requested
by
the
Consultant,
extensions
to
the
time
period(s)
specified
in
the
Schedule
of
Performance
may
be
approved
in
writing
by
the
Contract
Officer.
3.3 Force
Majeure.
The
time
period(s)
specified
in
the
Schedule
of
Performance
for
performance
of
the
services
rendered
pursuant
to
this
Agreement
shall
be
extended
because
of
any
delays
due
to
unforeseeable
causes
beyond
the
control
and
without
the
fault
or
negligence
of
the
Consultant,
including,
but
not
restricted
to,
acts
of
God
or
of
the
public
enemy,
unusually
severe
weather,
fires,
earthquakes,
floods,
epidemics,
quarantine
restrictions,
riots,
strikes,
freight
embargoes,
wars,
litigation,
and/or
acts
of
any
governmental
agency,
including
the
City,
if
the
Consultant
shall,
within
ten
(10)
days
of
the
commencement
of
such
delay,
notify
the
Contract
Officer
in
writing
of
the
causes
of
the
delay.
The
Contract
Officer
shall
ascertain
the
facts
and
the
extent
of
delay,
and
extend
the
time
for
performing
the
services
for
the
period
of
the
enforced
delay
when
and
if in
the
judgment
of
the
Contract
Officer
such
delay
is
justified.
The
Contract
Officer
shall
extend
the
Ume
for
performance
in
accordance
with
the
procedures
set
forth
in
Section
1.9. The
Contract
Officer's
determination
shall
be
final
and
conclusive
upon
the
Parties
to
this
Agreement.
In
no
event
shall
Consultant
be
entitled
to
recover
damages
against
the
City
for
any
delay
In
the
performance
of
this
Agreement,
however
caused,
Consultant's
sole
remedy
being
extension
of
the
Agreement
pursuant
to
this
Section.
3.4 Term.
Unless
earlier
terminated
in
accordance
with
Article
7 of
this
Agreement,
this
Agreement
shall
continue
in
full
force
and
effect
through
completion
of
the
services
related
to
Request
for
Proposals
No.
24-025,
(the
"Project"),
and
as
identified
in
the
Schedule
of
Performance,
Exhibit
"C".
The
initial
contract
will
be
for
three
years,
from
July
1,
2024,
through
June
30,
2027
. The
City
may
extend
the
Contract
for
up
to
two
(2)
optional
one
(1)
year
term
extensions
based
on
satisfactory
performance.
AH
extensions
are
subject
to
satisfactory
performance,
additional
negotiations
, and
City
Council
approval
as
necessary
.
ARTICLE
4. COORDINATION
OF
WORK
4.1 Representatives
and
Personnel
of
Consultant.
The
following
principals
of
Consultant
("Principals")
are
hereby
designated
as
being
the
principals
and
representatives
of
Consultant
authorized
to
act
in
its
behalf
with
respect
to
the
work
specified
herein
and
make
all
decisions
in
connection
therewith:
Patrick
Mahone
••
President
(Name)
(Title}
Richard
Mahone
1,
Secreta
1rv
(Name)
(Title)
It
is
expressly
understood
that
the
experience,
knowledge,
capability,
and
reputation
of
the
foregoing
Principals
were
a
substantial
inducement
for
City
to
enter
into
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this
Agreement.
Therefore,
the
Principals
shall
be
responsible
during
the
term
of
this
Agreement
for
directing
all
activities
of
Consultant
and
devoting
sufficient
time
to
personally
supervise
the
services
hereunder.
All
personnel
of
Consultant,
and
any
authorized
agents,
shall
at
all
times
be
under
the
exclusive
direction
and
control
of
the
Principals.
For
purposes
of
this
Agreement,
the
Principals
may not
be
replaced
nor
may
their
responsibilities
be
substantially
reduced
by
Consultant
without
the
express
written
approval
of
City.
Additionally,
Consultant
shall
utilize
only
competent
personnel
to
perform
services
pursuant
to
this
Agreement.
Consultant
shall
make
every
reasonable
effort
to
maintain
the
stability
and
continuity
of
Consultant's
staff
and
subcontractors,
if
any,
assigned
to
perform
the
services
required
under
this
Agreement.
Consultant
shall
notify
City
of
any
changes
in
Consultant's
staff
and
subcontractors,
if
any,
assigned
to
perform
the
services
required
under
this
Agreement,
prior
to
and
during
any
such
performance.
In
the
event
that
City,
in
its
sole
discretion,
at
any
time
during
the
term
of
this Agreement,
desires
to
reassign
any
staff
or
subcontractor
of
Consultant,
Consultant
shall,
immediately
upon
a
Reassign
Notice
from
City
of
such
desire
of
City,
reassign
such
persons
or
persons.
4.2 Status
of
Consultant.
Consultant
shall
have
no
authority
to
bind
City
in
any
manner,
or
to
incur
any
obligation,
debt
or
liability
of
any
kind
on
behalf
of
or
against
City,
whether
by
contract
or
otherwise,
unless
such
authority
is
expressly
conferred
under
this
Agreement
or
is
otherwise
expressly
conferred
in
writing
by
City.
Consultant
shall
not
at
any
time
or
in
any
manner
represent
that
Consultant
or
any
of
Consultant's
officers,
employees,
or
agents
are
in
any
manner
officials,
officers,
employees
or
agents
of
City.
Neither
Consultant,
nor
any
of
Consultant's
officers,
employees
or
agents,
shall
obtain
any
rights
to
retirement,
health
care,
or
any
other
benefits
which
may
otherwise
accrue
to
City's
employees.
Consultant
expressly
waives
any
claim
Consultant
may
have
to
any
such
rights.
4.3 Contract
Officer.
The
Contract
Officer
shall
be
the
City
Manager
or
other
such
person
designated
by
the
City
Manager.
It shall
be
the
Consultant's
responsibility
to
assure
that
the
Contract
Officer
is
kept
informed
of
the
progress
of
the
performance
of
the
services
and
the
Consultant
shall
refer
any
decisions
which
must
be
made
by
City
to
the
Contract
Officer.
Unless
otherwise
specified
herein,
any
approval
of
City
required
hereunder
shall
mean
the
approval
of
the
Contract
Officer.
The
Contract
Officer
shall
have
authority,
if specified
in
writing
by
the
City
Manager,
to
sign
all
documents
on
behalf
of
the
City
required
hereunder
to
carry
out
the
terms
of
this
Agreement.
4.4 Independent
Contractor.
Neither the
City
nor
any
of
its
employees
shall
have
any
control
over
the
manner,
mode,
or
means
by
which
Consultant,
its
agents
or
employees,
perform
the
services
required
herein,
except
as
otherwise
set
forth
herein.
City
shall
have
no
voice
in
the
selection,
discharge,
supervision
or
control
of
Consultant's
employees,
servants,
representatives,
or
agents,
or
in
fixing
their
number,
compensation,
or
hours
of
service.
Consultant
shall
perform
all
services
required
herein as
an
independent
contractor
of
City
and
shall
remain
at
all
times
as
to
City
a
wholly
independent
contractor
with
only
such
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obligations
as
are
consistent
with
that
role.
Consultant
shall
not
at
any
time
or
in
any
manner
represent
that
it
or
any
of
its
agents
or
employees
are
agents
or employees
of
City.
City
shall
not
in
any
way
or
for
any
purpose
become
or
be
deemed
to
be
a
partner
of
Consultant
in
its
business
or
otherwise
or
a
joint
venturer
or
a
member
of
any
joint
enterprise
with
Consultant.
4.5 Prohibition
Against
Subcontracting
or
Assignment.
The
experience,
knowledge,
capability,
and
reputation
of
Consultant,
its
principals
and
employees
were
a
substantial
inducement
for
the
City
to
enter
into
this
Agreement.
Therefore,
Consultant
shall
not
contract
with
any
other
entity
to
perform
in
whole
or
in
part
the
services
required
hereunder
without
the
express
written
approval
of
the
City.
In
addition,
neither
this
Agreement
nor
any
interest
herein
may
be
transferred,
assigned,
conveyed,
hypothecated,
or
encumbered
voluntarily
or
by
operation
of
law,
whether
for
the
benefit
of
creditors
or
otherwise,
without
the
prior
written
approval
of
City.
Transfers
restricted
hereunder
shall
include
the
transfer
to
any
person
or
group
of
persons
acting
in
concert
of
more
than
twenty
five
percent
(25%)
of
the
present
ownership
and/or
control
of
Consultant,
taking
all
transfers
into
account
on
a
cumulative
basis.
In
the
event
of
any
such
unapproved
transfer,
including
any
bankruptcy
proceeding,
this
Agreement
shall
be
void.
No
approved
transfer
shall
release
the
Consultant
or
any
surety
of
Consultant
of
any
liability
hereunder
without
the
express
consent
of
City.
ARTICLE
5. INSURANCE,
INDEMNIFICATION
AND
BONDS
5.1 Insurance
Coverages.
The
Consultant
shall
procure
and
maintain,
at
its
sole
cost
and
expense,
in
a form
and
content
satisfactory
to
City,
during
the
entire
term
of
this
Agreement
including
any
extension
thereof,
the
following
policies
of
insurance
which
shall
cover
all
elected
and
appointed
officers,
employees,
and
agents
of
City:
(a)
Com
xehensive
General
Liabilit
·
Insurance
Occurrence
Form
CG0001
ore
uivalent
'. A
policy
of
comprehensive
general
liability
Insurance
written
on
a per
occurrence
basis
for
bodily
injury,
personal
injury,
and
property
damage.
The
policy
of
insurance
shall
be
in
an
amount
not
less
than
$1,000,000.00
per
occurrence
or
if
a
general
aggregate
limit
is
used,
then
the
general
aggregate
limit
shall
be
twice
the
occurrence
limit. (b)
Worker's
Com
ensation
Insurance
.
A
policy
of
worker's
compensation
insurance
in
such
amount
as
will
fully
comply
with
the
laws
of
the
State
of
California
and
which
shall
indemnify,
insure,
and
provide
legal
defense
for
both
the
Consultant
and
the
City
against
any
loss,
claim,
or
damage
arising
from
any
injuries
or
occupational
diseases
occurring
to
any
worker
employed
by
or any
persons
retained
by
the
Consultant
in
the
course
of
carrying
out
the
work
or
services
contemplated
in
this
Agreement.
(c)
Automotive
Insurance
'Form
CA
0001
(Ed
1/87
'1 includin
"an
1 auto"
and
endorsement
CA
0025
or
e -
ivalent
'I.
A
policy
of
comprehensive
automobile
liability
insurance
written
on
a
per
occurrence
for
bodily
injury
and
property
damage
in
an
amount
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not
less
than
$1,000,000.
Said
policy
shall
include
coverage
for
owned, non-owned,
leased,
and
hired
cars.
(d)
Professional
Liabllit
1•.
Professional
liability
insurance
appropriate
to
the
Consultant's
profession
. This
coverage
may
be
written
on
a "claims
made"
basis,
and
must
include
coverage
for
contractual
liability.
The
professional
liability
insurance
required
by
this
Agreement
must
be
endorsed
to
be
applicable
to
claims
based
upon,
arising
out
of,
or
related
to
services
performed
under
this
Agreement.
The
insurance
must
be
maintained
for
at
least
5 consecutive
years
following
the
completion
of
Consultant's
services
or
the
termination
of
this
Agreement.
During
this
additional
5-year
period,
Consultant
shall
annually
and
upon
request
of
the
City
submit
written
evidence
of
this
continuous
coverage.
(e)
Additional
Insurance
.
Policies
of
such
other
insurance,
as
may
be
required
in
the
Special
Requirements.
(f)
Subcontractors.
Consultant
shall
include
all
subcontractors
as
insureds
under
its
policies
or
shall
furnish
separate
certificates
and
certified
endorsements
for
each
subcontractor.
All
coverages
for
subcontractors
shall
be
subject
to
all
of
the
requirements
stated
herein.
5.2 General
Insurance
Requirements.
All
of
the
above
policies
of
insurance
shall
be
primary
insurance
and
shall
name
the
City,
its
elected
and
appointed
officers,
employees
, and
agents
as
addit
ional
insureds,
and
any
insurance
maintained
by
City
or
its
officers,
employees,
or
agents
shall
apply
in
excess
of,
and
not
contribute
with,
Consultant's
insurance.
The
insurer
is
deemed
hereof
to
waive
all
rights
of
subrogation
and
contribution
it may
have
against
the
City,
its
officers,
employees
and
agents
and
their
respective
insurers
.
The
insurance
policy
must
specify
that
where
the
primary
insured
does
not
satisfy
the
self
"insured
retention,
any
additional
insured
may
satisfy
the
self-insured
retention.
All
of
said
policies
of
insurance
shall
provide
that
said
insurance
may
not
be
amended
or
cancelled
.by
the
insurer
or
any
Party
hereto
without
providing
thirty
(30)
days
prior
written
notice
by
certified
mail
return
receipt
requested
to
the
City.
In
the
event
any
of
said
policies
of
insurance
are
cancelled,
the
Consultant
shall,
prior
to
the
cancellation
date,
submit
new
evidence
of
insurance
in
conformance
with
Section
5.1 to
the
Contract
Officer.
No
work
or
services
under
this
Agreement
shall
commence
until
the
Consultant
has
provided
the
City
with
Certificates
of
Insurance
or
appropriate
insurance
binders
evidencing
the
above
insurance
coverages
and
said
Certificates
of
Insurance
or
binders
are
approved
by
the
City.
City
reserves
the
right
to
inspect
complete,
certified
copies
of
all
required
insurance
policies
at
any
time.
Any
failure
to
comply
with
the
reporting
or
other
provisions
of
the
policies
including
breaches
or
warranties
shall
not
affect
coverage
provided
to
City.
City,
its
respective
elected
and
appointed
officers,
directors,
officials,
employees
,
agents
and
volunteers
are
to
be
covered
as
additional
insureds
as
respects
:
liability
arising
out
of
activities
Consultant
performs;
products
and
completed
operations
of
Consultant;
premises
owned,
occupied
or
used
by
Consultant;
or
automobiles
owned,
leased,
hired
or
borrowed
by
Consultant.
The
coverage
shall
contain
no
special
limitations
on
the
scope
of
protection
afforded
to
City,
and
their
respective
elected
and
appointed
officers,
officials,
employees,
or
volunteers.
Consultant's
insurance
shalt
apply
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separately
to
each
insured
against
whom
claim
is
made
or
suit
is
brought,
except
with
respect
to
the
limits
of
the
insurer's
liability.
Any
deductibles
or
self-insured
retentions
must
be
declared
to
and
approved
by
City. At
the
option
of
City,
either
the
insurer
shall
reduce
or
eliminate
such
deductibles
or
self-insured
retentions
as
respects
City
or
its
respective
elected
or
appointed
officers,
officials,
employees
and
volunteers
or
the
Consultant
shall
procure
a bond
guaranteeing
payment
of
losses
and
related
investigations,
claim
administration,
defense
expenses
and
claims.
The
Consultant
agrees
that
the
requirement
to
provide
insurance
shall
not
be
construed
as
limiting
in
any
way
the
extent
to
which
the
Consultant
may
be
held
responsible
for
the
payment
of
damages
to
any
persons
or
property
resulting
from
the
Consultant's
activities
or
the
activities
of
any
person
or
persons
for
which
the
Consultant
is
otherwise
responsible
nor
shall
it
limit
the
Consultant's
indemnification
liabilities
as
provided
in
Section
5.3. In
the
event
the
Consultant
subcontracts
any
portion
of
the
work
in
compliance
with
Section
4.5 of
this
Agreement,
the
contract
between
the
Consultant
and
such
subcontractor
shall
require
the
subcontractor
to
maintain
the
same
policies
of
insurance
that
the
Consultant
is
required
to
maintain
pursuant
to
Section
5.1. and
such
certificates
and
endorsements
shall
be
provided
to
City.
5.3 Indemnification.
To
the
full
extent
permitted
by
law,
Consultant
agrees
to
indemnify,
defend,
and
hold
harmless
the
City,
its
officers,
employees
and
agents
("Indemnified
Parties")
against
any
and
all
actions,
either
judicial,
administrative,
arbitration
or
regulatory
claims.
damages
to
persons
or
property,
losses,
costs,
penalties,
obligations,
errors,
omissions
or
liabilities
whether
actual
or
threatened
(herein
"claims
or
liabilities")
that
may
be
asserted
or
claimed
by
any
person,
firm
or
entity
arising
out
of
or
in
connection
with
the
negligent
performance
of
the
work,
operations,
or
activities
provided
herein
of
Consultant,
its
officers,
employees,
agents,
subcontractors,
or
invitees,
or
any
individual
or
entity
for
which
Consultant
is
legally
liable
("indemnitors"),
arising
from
Consultant
's
reckless
or
willful
misconduct,
or
arising
from
Consultant's
or
indemnitors'
negligent
performance
of
or
failure
to
perform
any
term,
provision,
covenant,
or
condition
of
this
Agreement,
and
in
connection
therewith:
{a)
Consultant
will
defend
any
action
or
actions
filed
in
connection
with
any
of
said
claims
or
liabilities
and
will
pay
all
costs
and
expenses,
including
legal
costs
and
attorneys'
fees
incurred
in
connection
therewith;
(b)
Consultant
will
promptly
pay
any
judgment
rendered
against
the
City,
its
officers,
agents,
or
employees
for
any
such
claims
or
liabilities
arising
out
of
or
in
connection
with
the
negligent
performance
of
or
failure
to
perform
such
work,
operations
or
activities
of
Consultant
hereunder;
and
Consultant
agrees
to
save
and
hold
the
City,
its
officers,
agents,
and
employees
harmless
therefrom;
(c)
In
the
event
the
City,
its
officers,
agents
or
employees
is
made
a
party
to
any
action
or
proceeding
filed
or
prosecuted
against
Consultant
for
such
damages
or
other
claims
arising
out
of
or
in
connection
with
the
negligent
performance
of
or
failure
to
perform
the
work,
operation
or
activities
of
Consultant
hereunder,
Consultant
agrees
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to
pay
to
the
City,
its
officers,
agents,
or
employees,
any
and
aH
costs
and
expenses
incurred
by
the
City,
its
officers,
agents,
or
employees
in
such
action
or
proceeding,
including
but
not
limited
to,
legal
costs
and
attorneys'
fees.
Consultant
shall
incorporate
similar,
indemnity
agreements
with
its
subcontractors
and
if
it fails
to
do
so
Consultant
shall
be
fully
responsible
to
indemnify
City
hereunder
therefore,
and
failure
of
City
to
monitor
compliance
with
these
provisions
shall
not
be
a
waiver
hereof.
This
indemnification
includes
claims
or
liabilities
arising
from
any
negligent
or
wrongful
act,
error
or
omission,
or
reckless
or
willful
misconduct
of
Consultant
in
the
performance
of
professional
services
hereunder.
The
provisions
of
this
Section
do
not
apply
to
claims
or
liabilities
occurring
as
a
result
of
City's
sole
negligence
or
wil!ful
acts
or
omissions,
but,
to
the
fullest
extent
permitted
by
law,
shall
apply
to
claims
and
liabilities
resulting
in
part
from
City's
negligence,
except
that
design
professionals'
indemnity
hereunder
shall
be
limited
to
claims
and
liabilities
arising
out
of
the
negligence,
recklessness,
or
willful
misconduct
of
the
design
professional.
The
indemnity
obligation
shall
be
binding
on
successors
and
assigns
of
Consultant
and
shall
survive
termination
of
this
Agreement. Notwithstanding
the
foregoing,
to
the
extent
that
the
Consultant's
services
are
subject
to
California
Civil
Code
Section
2782.8,
the
above
indemnity,
including
the
cost
to
defend,
shall
be
limited
to
the
extent
required
by
Civil
Code
Section
2782.8.
5.4 Sufficiency
of
Insurer
or
Surety.
Insurance
required
by
this
Agreement
shall
be
satisfactory
only
if
issued
by
companies
qualified
to
do
business
in
California,
rated
"A"
or
better
in
the
most
recent
edition
of
Best
Rating
Guide,
The
Key
Rating
Guide
or
in
the
Federal
Register,
and
only
if they
are
of
a financial
category
Class
VII
or
better,
unless
such
requirements
are
waived
by
the
Risk
Manager
of
the
City
(''Risk
Manager")
due
to
unique
circumstances.
If this
Agreement
continues
for
more
than
3 years
duration,
or
in
the
event
the
Risk
Manager
determines
that
the
work
or
services
to
be
performed
under
this
Agreement
creates
an
increased
or
decreased
risk
of
loss
to
the
City,
the
Consultant
agrees
that
the
minimum
limits
of
the
insurance
policies
may
be
changed
accordingly
upon
receipt
of
written
notice
from
the
Risk
Manager
Consultant.
ARTICLE
6. RECORDSs
REPORTS,
AND
RELEASE OF
INFORMATION
6.1 Records.
Consultant
shall
keep,
and
require
subcontractors
to
keep,
such
ledgers
books
of
accounts,
invoices,
vouchers,
canceled
checks,
reports,
studies
or
other
documents
relating
to
the
disbursements
charged
to
City
and
services
performed
hereunder
(the
"books
and
records"),
as
shall
be
necessary
to
perform
the
services
required
by
this
Agreement
and
enable
the
Contract
Officer
to
evaluate
the
performance
of
such
services.
Any
and
all
such
documents
shall
be
maintained
in
accordance
with
generally
accepted
accounting
principles
and
shall
be
complete
and
detailed.
The
Contract
Officer
shall
have
full
and
free
access
to
such
books
and
records
at
all
times
during
normal
business
hours
of
City,
including
the
right
to
inspect,
copy,
audit
and
make
records
and
transcripts
from
such
records.
Such
records
shall
be
maintained
for
a
period
of
3 years
following
completion
of
the
services
hereunder,
and
the
City
shall
have
access
to
such
records
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the
event
any
audit
is
required.
In
the
event
of
dissolution
of
Consultant's
business,
custody
of
the
books
and
records
may
be
given
to
City,
and
access
shall
be
provided
by
Consultant's
successor
in
interest.
6.2 Reports.
Consultant
shall
periodically
prepare
and
submit
to
the
Contract
Officer
such
reports
concerning
the
performance
of
the
services
required
by
this
Agreement
as
the
Contract
Officer
shall
require.
Consultant
hereby
acknowledges
that
the
City
is
greatly
concerned
about
the
cost
of
work
and
services
to
be
performed
pursuant
to
this
Agreement.
For
this
reason,
Consultant
agrees
that
if Consultant
becomes
aware
of
any
facts.
circumstances,
techniques,
or
events
that
may
or
will
materially
increase
or
decrease
the
cost
of
the
work
or
services
contemplated
herein
or,
if
Consultant
is
providing
design
services,
the
cost
of
the
project
being
designed,
Consultant
shall
promptly
notify
the
Contract
Officer
of
said
fact,
circumstance,
technique
or
event
and
the
estimated
increased
or
decreased
cost
related
thereto
and,
if
Consultant
is
providing
design
services,
the
estimated
increased
or
decreased
cost
estimate
for
the
project
being
designed.
6.3 Ownership
of
Documents.
All
drawings,
specifications,
maps,
designs,
photographs,
studies.
surveys,
data,
notes,
computer
files,
reports,
records,
documents
and
other
materials
{the
"documents
and
materials")
prepared
by
Consultant,
its
employees,
subcontractors
and
agents
in
the
performance
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
upon
request
of
the
Contract
Officer
or
upon
the
termination
of
this
Agreement,
and
Consultant
shall
have
no
claim
for
further
employment
or
additional
compensation
as
a
result
of
the
exercise
by
City
of
its
full
rights
of
ownership
use,
reuse,
or
assignment
of
the
documents
and
materials
hereunder.
Any
use,
reuse
or
assignment
of
such
completed
documents
for
other
projects
and/or
use
of
uncompleted
documents
without
specific
written
authorization
by
the
Consultant
will
be
at
the
City's
sole
risk
and
without
liability
to
Consultant,
and
Consultant's
guarantee
and
warranties
shall
not
extend
to
such
use,
reuse
or
assignment.
Consultant
may
retain
copies
of
such
documents
for
its
own
use.
Consultant
shall
have
the
right
to
use
the
concepts
embodied
therein.
All
subcontractors
shall
provide
for
assignment
to
City
any
documents
or
materials
prepared
by
them,
and
in
the
event
Consultant
fails
to
secure
such
assignment,
Consultant
shall
indemnify
City
for
all
damages resulting
therefrom.
6.4 Confidentiality
and
Release
of
Information.
(a)
All
information
gained,
or
work
product
produced
by
Consultant
in
performance
of
this
Agreement
shall
be
considered
confidential,
unless
such
information
is
in
the
public domain
or
already
known
to
Consultant.
Consultant
.shall
not
release
or
disclose
any
such
information
or
work
product
to
persons
or
entities
other
than
City
without
prior
written
authorization
from
the
Contract
Officer.
(b)
Consultant,
its
officers,
employees,
agents,
or
subcontractors,
shall
not,
without
prior
written
authorization
from
the
Contract
Officer
or
unless
requested
by
the
City
Attorney,
voluntarily
provide
documents,
declarations,
letters
of
support,
testimony
at
depositions,
response
to
interrogatories
or
other
information
concerning
the
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work
performed
under
this
Agreement.
Response
to
a
subpoena
or
court
order
shall
not
be
considered
"voluntary"
provided
Consultant
gives
City
notice
of
such
court
order
or
subpoena.
(c)
If
Consultant,
or
any
officer,
employee,
agent
or
subcontractor
of
Consultant,
provides
any
information
or
work
product
in
violation
of
this
Agreement,
then
City
shall
have
the
right
to
reimbursement
and
indemnity
from
Consultant
for
any
damages,
costs
and
fees,
including
attorney's
fees,
caused
by
or
incurred
as
a
result
of
Consultant's
conduct. (d)
Consultant
shall
promptly
notify
City
should
Consultant,
its
officers,
employees,
agents,
or
subcontractors
be
served
with
any
summons,
complaint,
subpoena,
notice
of
deposition,
request
for
documents,
interrogatories,
request
for
admissions
or
other
discovery
request,
court
order
or
subpoena
from
any
party
regarding
this
Agreement
and
the
work
performed
there
under.
City
retains
the
right,
but
has
no
obligation,
to
represent
Consultant
or
be
present
at
any
deposition,
hearing,
or
similar
proceeding.
Consultant
agrees
to
cooperate
fully
with
City
and
to
provide
City
with
the
opportunity
to
review
any
response
to
discovery
requests
provided
by
Consultant.
However,
this
right
to
review
any
such
response
does
not
imply
or
mean
the
right
by
City
to
control.
direct,
or
rewrite
said
response.
ARTICLE
7. ENFORCEMENT
OF
AGREEMENT
AND
TERMINATION
7 .1
California
Law.
This
Agreement
shall
be
interpreted,
construed,
and
governed
both
as
to
validity
and
to
performance
of
the
Parties
in
accordance
with
the
laws
of
the
State
of
California.
Legal
actions
concerning
any
dispute,
claim,
or
matter
arising
out
of
or
in
relation
to
this
Agreement
shall
be
instituted
in
the
Superior
Court
of
the
County
of
San
Bernardino,
State
of
California,
or
any
other
appropriate
court
in
such
county,
and
Consultant
covenants
and
agrees
to
submit
to
the
personal
jurisdiction
of
such
court
in
the
event
of
such
action.
In
the
event
of
litigation
in
a
U.S.
District
Court,
venue
shall
lie
exclusively
in
the
Central
District
of
California,
Eastern
Division.
7 .2
Disputes;
Default.
In
the
event
that
Consultant
is
in
default
under
the
terms
of
this
Agreement,
the
City
shall
not
have
any
obligation
or
duty
to
continue
compensating
Consultant
for
any
work
performed
after
the
date
of
default.
Instead,
the
City
may
give
notice
to
Consultant
of
the
default
and
the
reasons
for
the
default.
The
notice
shall
include
the
timeframe
in
which
Consultant
may
cure
the
default.
This
timeframe
is
presumptively
thirty
(30)
days.
but
may
be
extended,
though
not
reduced.
if circumstances
warrant.
During
the
period
of
time
that
Consultant
is
in
default,
the
City shall
hold
all
invoices
and
shall
proceed
with
payment
on
the
invoices
only
when
the
default
is
cured.
In
the
alternative,
the
City
may,
in
its
sole
discretion,
elect
to
pay
some
or
all
of
the
outstanding
invoices
during
the
period
of
default.
If
Consultant
does
not
cure
the
default,
the
City
may
take
necessary
steps
to
terminate
this
Agreement
under
this
Article.
Any
failure
on
the
part
of
the
City
to
give
notice
of
the
Consultant's
default
shall
not
be
deemed
to
result
in
a
waiver
of
the
City's
legal
rights
or
any
rights
arising
out
of
any
provision
of
this
Agreement.
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Retention
of
Funds.
Consultant
hereby
authorizes
City
to
deduct
from
any
amount
payable
to
Consultant
{whether
or
not
arising
out
of
this
Agreement)
(i)
any
amounts
the
payment
of
which
may
be
in
dispute
hereunder
or
which
are
necessary
to
compensate
City
for
any
losses,
costs,
liabilities,
or
damages
suffered
by
City,
and
(ii)
all
amounts
for
which
City
may
be
liable
to
third
parties,
by
reason
of
Consultant's
acts
or
omissions
in
performing
or
failing
to
perform
Consultant's
obligation
under
this
Agreement.
In
the
event
that
any
claim
is
made
by
a
third
party,
the
amount
or
validity
of
which
is
disputed
by
Consultant,
or
any
indebtedness
shall
exist
which
shall
appear
to
be
the
basis
for
a
claim
of
lien,
City
may
withhold
from
any
payment
due,
without
liability
for
interest
because
of
such
withholding,
an
amount
sufficient
to
cover
such
claim.
The
failure
of
City
to
exercise
such
right
to
deduct
or
to
withhold
shall
not,
however,
affect
the
obligations
of
the
Consultant
to
insure,
indemnify,
and
protect
City
as
elsewhere
provided
herein
.
7.4 Waiver.
Waiver
by
any
Party
to
this
Agreement
of
any
tenn,
condition,
or
covenant
of
this
Agreement
shall
not
constitute
a waiver
of
any
other
term,
condition,
or
covenant.
Waiver
by
any
Party
of
any
breach
of
the
provisions
of
this
Agreement
shall
not
constitute
a
waiver
of
any
other
provision
or
a
waiver
of
any
subsequent
breach
or
violation
of
any
provision
of
this
Agreement.
Acceptance
by
City
of
any
work
or
services
by
Consultant
shall
not
constitute
a
waiver
of
any
of
the
provisions
of
this
Agreement.
No
delay
or
omission
in
the
exercise
of
any
right
or
remedy
by
a
non-defaulting
Party
on
any
default
shall
impair
such
right
or
remedy
or
be
construed
as
a waiver.
Any
waiver
by
either
Party
of
any
default
must
be
in
writing
and
shall
not
be
a
waiver
of
any
other
default
concerning
the
same
or
any
other
provision
of
this
Agreement.
7.5 Rights
and
Remedies
are
Cumulative.
Except
with
respect
to
rights
and
remedies
expressly
declared
to
be
exclusive
in
this
Agreement,
the
rights
and
remedies
of
the
Parties
are
cumulative
and
the
exercise
by
either
Party
of
one
or
more
of
such
rights
or
remedies
shall
not
preclude
the
exercise
by
it,
at
the
same
or
different
times,
of
any
other rights
or
remedies
for
the
same
default
or
any
other
default
by
the
other
Party.
7.6 Legal
Action.
In
addition
to
any
other
rights
or
remedies,
either
Party
may
take
legal
action,
in
law
or
in
equity,
to
cure, correct,
or
remedy
any
default,
to
recover
damages
for
any
default,
to
compel
specific
performance
of
this
Agreement,
to
obtain
declaratory
or
injunctive
relief,
or
to
obtain
any
other
remedy
consistent
with
the
purposes
of
this
Agreement.
7.7 Termination
Prior
to
Expiration
of
Term.
This
Section
shall
govern
any
termination
of
this
Contract
except
as
specifically
provided
in
the
following
Section
for
tennination
for
cause.
City
reserves
the
right
to
terminate
this
Contract
at
any
time,
with
or
without
cause,
upon
sixty
(60)
days·
written
notice
to
Consultant,
except
that
where
termination
is
due
to
the
fault
of
the
Consultant,
4872-4429-3132
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ID:
8A6007BD-03E5-4FF6-8271-A46BDB9BC03B
the
period
of
notice
may
be
such
shorter
time
as
may
be
determined
by
the
Contract
Officer.
Upon
receipt
of
any
notice
of
termination,
Consultant
shall
immediately
cease
all
services
hereunder
except
such
as
may
be
specifically
approved
by
the
Contract
Officer.
Consultant
sha!I
be
entitled
to
compensation
for
all
services
rendered
prior
to
the
effective
date
of
the
notice
of
termination
and
for
any
services
authorized
by
the
Contract
Officer
thereafter
in
accordance
with
the
Schedule
of
Compensation
or
such
as
may
be
approved
by
the
Contract
Officer,
except
as
provided
in
Section
7 .3.
In
the
event
of
termination
without
cause
pursuant
to
this
Section,
the
City
need
not
provide
the
Consultant
with
the
opportunity
to
cure
pursuant
to
Section
7 .2.
7.8 Termination
for
Default
of
Consultant.
If
termination
is
due
to
the
failure
of
the
Consultant
to
fulfill
its
obligations
under
this
Agreement,
City
may,
after
compliance
with
the
provisions
of
Section
7.2,
take
over
the
work
and
prosecute
the
same
to
completion
by
contract
or
otherwise,
and
the
Consultant
shall
be
liable
to
the
extent
that
the
total
cost
for
completion
of
the
services
required
hereunder
exceeds
the
compensation
herein
stipulated
(provided
that
the
City
shall
use
reasonable
efforts
to
mitigate
such
damages),
and
City
may
withhold
any
payments
to
the
Consultant
for
the
purpose
of
set-off
or
partial
payment
of
the
amounts
owed
the
City
as
previously
stated.
ARTICLE
8. CITY
OFFICERS
AND
EMPLOYEES:
NON-DISCRIMINATION
8.1 NonRliability
of
City
Officers
and
Employees.
No
officer
or
employee
of
the
City
shall
be
personally
liable
to
the
Consultant,
or
any
successor
in
interest,
in
the
event
of
any
default
or
breach
by
the
City
or
for
any
amount
which
may
become
due
to
the
Consultant
or
to
its
successor,
or
for
breach
of
any
obligation
of
the
terms
of
this
Agreement.
8.2 Conflict
of
Interest.
Consultant covenants
that
neither
it,
nor
any
officer
or
principal
of
its
firm,
has
or
shall
acquire
any
interest,
directly
or
indirectly,
which
would
conflict
in
any
manner
with
the
interests
of
City
or
which
would
in
any
way
hinder
Consultant's
performance
of
services
under
this
Agreement.
Consultant
further
covenants
that
in
the
performance
of
this
Agreement,
no
person
having
any
such
interest
shall
be
employed
by
It as
an
officer,
employee,
agent,
or
subcontractor
without
the
express
written
consent
of
the
Contract
Officer.
Consultant
agrees
to
at
all
times
avoid
conflicts
of
interest
or
the
appearance
of
any
conflicts
of
interest
with
the
interests
of
City
in
the
performance
of
this
Agreement.
No
officer
or
employee
of
the
City
shall
have
any
financial
interest,
direct
or
indirect,
in
this
Agreement
nor
shal!
any
such
officer
or
employee
participate
in
any
decision
relating
to
the
Agreement
which
effects
his
financial
interest
or
the
financial
interest
of
any
corporation,
partnership
or
association
in
which
he
is,
directly
or
indirectly,
interested,
in
violation
of
any
State
statute
or
regulation.
The
Consultant
warrants
that
it has
not
paid
or
given
and
will
not
pay
or
give
any
third
party
any
money
or
other
consideration
for
obtaining
this
Agreement.
4872-4429-3132
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DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271•A46BDB9BC03B Additionally,
pursuant
to
Rialto
Municipal
Code
section
2.48.145,
Consultant
represents
that
it
has
disclosed
whether
it
or its
officers
or
employees
is
related
to
any
officer
or
employee
of
the
City
by
blood
or
marriage
within
the
third
degree
which
would
subject
such
officer or
employee
to
the
prohibition
of
California
Government
Sections
87100
et.
seq.,
Fair
Political
Practices
Commission
Regulation
Section
18702,
or
Government
Code
Section
1090.
To
this
end,
by
approving
this
Agreement,
Consultant
attests
under
penalty
of
perjury,
personally
and
on
behalf
of
Consultant,
as
well
its
officers,
representatives,
that
it/they
have
no
relationship,
as
described
above,
orfinancia!
interests,
as
such
term
is defined
in
California
Government
Section
87100
et.
seq.,
Fair
Political
Practices
Commission
Regulation
Section
18702,
or
Government
Code
Section
1090,
with
any
City
of
Rialto
elected
or
appointed
official
or
employee,
except
as
specifically
disclosed
to
the
City
in
writing.
8.3 Covenant
Against
Discrimination.
Consultant
covenants
that,
by
and
for
itself,
its
heirs,
executors,
assigns,
and
all
persons
claiming
under
or
through
them,
there
shall
be
no
discrimination
against
or
segregation
of
any
person
or
group
of
persons
on
account
of
race,
color,
creed,
religion,
sex,
gender,
sexual
orientation,
gender
identity,
marital
status,
national
origin,
ancestry,
or
other
protected
class
in
the
performance
of
this
Agreement.
Consultant
shall
take
affirmative
action
to
insure
that
applicants
are
employed
and
that
employees
are
treated
during
employment
without
regard
to
their
race,
color,
creed,
religion,
sex,
sexual
orientation,
gender,
gender
identity,
marital
status,
national
origin,
ancestry,
or
other
protected
class.
8.4 Unauthorized
Aliens.
Consultant
hereby
promises
and
agrees
to
comply
with
all
of
the
provisions
of
the
Federal
Immigration
and
Nationality
Act,
8 U.S.C.A
. §§
1101,
et
seq.,
as
amended,
and
in
connection
therewith,
shall
not
employ
unauthorized
aliens
as
defined
therein.
Should
Consultant
so
employ
such
unauthorized
aliens
for
the
performance
of
work
and/or
services
covered
by
this
Agreement,
and
should
any
liability
or
sanctions
be
imposed
against
City
for
such
use
of
unauthorized
aliens,
Consultant
hereby
agrees
to
and
shall
reimburse
City
for
the
cost
of
all
such
liabilities
or
sanctions
imposed,
together
with
any
and
all
costs,
including
attorney's
fees, incurred
by
City.
ARTICLE
9. MISCELLANEOUS
PROVISIONS
9.1 Facilities
and
Equipment.
Except
as
otherwise
provided,
Consultant
shall,
at
its
own
cost
and
expense,
provide
all
facilities
and
equipment
necessary
to
perform
the
services
required
by
this
Agreement.
City
shall
make
available
to
Consultant
only
physical
facilities
such
as
desks,
filing
cabinets,
and
conference
space
("City
Facilities"),
as
may
be
reasonably
necessary
for
Consultant's
use
while
consulting
with
City
employees
and
reviewing
records
and
the
Information
in
possession
of
City.
The
location,
qualtty,
and
time
of
furnishing
of
City
Facilities
shall
be
in
the
sole
discretion
of
City.
In
no
event
sha!I
City
be
required
to
furnish
any
facilities
that
may
involve
incurring
any
direct
expense,
including
but
not
limited
to
computer,
long
distance
telephone,
network
data,
internet,
or
other
communication
charges,
vehicles,
and
reproduction
facilities.
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ID:
8A8007BD-03E5-4FF6-8271-A46BDB9BC038 9.2
Payment
of
Taxes.
Consultant
is
solely
responsible
for
the payment
of
employment
taxes
incurred
under
this
Agreement
and
any
federal
and
state
taxes.
9.3 Notices.
All
notices
or
other
communications
required
or
permitted
hereunder
shall
be
in
writing,
and
shall
be
personally
delivered,
sent
by
pre-paid
First
Class
U.S.
Mail,
registered
or
certified
mail,
postage
prepaid,
return
receipt
requested,
or
delivered
or
sent
by
facsimile
with
attached
evidence
of
completed
transmission,
and
shall
be
deemed
received
upon
the
earlier
of
(i)
the
date
of
delivery
to
the
address
of
the
person
to
receive
such
notice
if
delivered
personally
or
by
messenger
or
overnight
courier;
(ii)
three
(3)
business
days
after
the
date of
posting
by
the
United
States
Post
Office
if by
mail;
or
(iii)
when
sent
if
given
by
facsimile.
Any
notice,
request,
demand,
direction,
or
other
communication
sent
by
facsimile
must
be
confirmed
within
forty~eight
(48)
hours
by
letter
mailed
or
delivered.
Other
forms
of
electronic
transmission
such
as
e-mails,
text
messages,
instant
messages
are
not
acceptable
manners
of
notice
required
hereunder
.
Notices
or
other
communications
shall
be
addressed
as
follows:
If
to
City
:
With
copy
to:
If to
Consultant:
City
of
Rialto
150
S.
Palm
Ave.
Rialto,
CA
92376
Attn:
City
Manager
Tel:
(909)
820-2525
Fax:
(909)
820~2527
Burke,
Williams
&
Sorensen,
LLP
1770
Iowa
Avenue,
Suite
240
Riverside,
CA
92507
Attn:
Eric
S.
Vail,
City
Attorney
Tel:
(951)
788-0100
Fax:
(951)
788"5785
West
Coast
Arborists,
Inc
9465
Schaefer
Ave
Ontario,
CA
91761
Patrick
Mahoney/President
(714)
991-1900/[email protected]
Either
Party
may
change
its
address
by
notifying
the
other
Party
of
the
change
of
address
in
writing.
9.4 Interpretation.
The
terms
of
this
Agreement
shall
be
construed
in
accordance
with
the
meaning
of
the
language
used
and
shall
not
be
construed
for
or against
either
Party
by
reason
of
the
authorship
of
this
Agreement
or any
other
rule
of
construction
which
might
otherwise
apply. 4872-4429-3132
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32 of
56 Page-17
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BDB9BC03B 9.5
Counterparts.
This
Agreement
may
be
executed
in
counterparts,
each
of
which
shall
be
deemed
to
be
an
original,
and
such
counterparts
shall
constitute
one
and
the
same
instrument.
9.6 Integration;
Amendment.
This
Agreement
including
the
attachments
hereto
is
the
entire,
complete
and
exclusive
expression
of
the
understanding
of
the
Parties.
It
is
understood
that
there
are
no
oral
agreements
between
the
Parties
hereto
affecting
this
Agreement
and
this
Agreement
supersedes
and
cancels
any
and
all
previous
negotiations,
arrangements,
agreements
and
understandings,
if
any,
between
the
Parties,
and
none
shall
be
used
to
interpret
this
Agreement.
No
amendment
to
or
modification
of
this
Agreement
shaH
be
valid
unless
made
in
writing
and
approved
by
the
Consultant
and
by
the
City.
The
Parties
agree
that
this
requirement
for
written
modifications
cannot
be
waived
and
that
any
attempted
waiver
shall
be
void.
9.7 Severability.
In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Agreement
shall
be
declared
invalid
or
unenforceable
by
a
vafid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Agreement
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
Parties
hereunder
unless
the
invalid
provision
is
so
material
that
its
invalidity
deprives
either
Party
of
the
basic
benefit
of
their
bargain
or
renders
this
Agreement
meaningless.
9.8 Corporate
Authority.
The
persons
executing
this
Agreement
on
behalf
of
the
Parties
hereto
warrant
that
(i)
such
Party
is
duly
organized
and
existing,
(ii)
they
are
duly
authorized
to
execute
and
deliver
this
Agreement
on
behalf
of
said
Party,
(iii)
by
so
executing
this
Agreement,
such
Party
is
formally
bound
to
the
provisions
of
this
Agreement,
and
(iv)
the
entering
into
this
Agreement
does
not
violate
any provision
of
any
other
Agreement
to
which
said
Party
is
bound.
This
Agreement
shall
be
binding
upon
the
heirs,
executors,
administrators,
successors
and
assigns
of
the
Parties.
9.9 Conflicting
Terms
Except
as
otherwise
stated
herein,
if
the
terms
of
this
Agreement
conflict
with
the
terms
of
any
Exhibit
hereto,
or
with
the
terms
of
any
document
incorporated
by
reference
into
this
Agreement,
the
terms
of
this
Agreement
shall
control.
4872-4429-3!32
v2
33 of
56 [SIGNATURES
ON
FOLLOWING
PAGE]
May 20, 2025, Item #3
DocuS
ign
Envelope
ID
: 8AB007BD
·03E5-4FF6-8271
•A46BDB9BC03B
IN
WITNESS
WHEREOF,
the
parties
hereto
have
executed
and
entered
into
this
Agreement
on
the
date
first
written
above.
CITY: CITY
OF
RIAL
TO,
a
municipal
corporation By
:
AtidJAJ.L
~~SLY
-,,--
--
--:-:-:--
.,......--
-
-
------=--
Mich
a e I
Milhiser,
Interim
City
Manager
ATTEST
: fJIA.Yl,N"t1.
a.
~
By:
-=-
---:-
-
---:-
---=--:-
----=-
-
~
-
=--:---
Barb
a r a
A.
McGee,
City
Clerk
APPROVED
AS
TO
FORM:
Burke,
Williams
&
Sorensen,
LLP
By:
f{JJ-)£/
---::-::-
~
-c'-
---
~
-
-,-
---
~
-
E r i c S.
Vail,
City
Attorney
4872-4429•3132
v2
34 of
56 Page-19
CONSUL
TANT:
West
Coast
Arborists,
Inc.,
a
California C Corporation
p0
By:
-
-----=-
-
--
-
---
Signature
Patrick
Mahone
v
Name
President
Title
By:
~(,lt.i,t}
"'1.ff.lt~
-
-
--
----=-
:--
--
-
--
-
Signature
Richard
Mahone
y
--
-
Name
Secreta
if'!'
Title
~wo
signatures
are
required
If
a
corporation
....
May 20, 2025, Item #3
DocuSign Envelope
ID
: 8AB0078O-03Es-4FF6-8271-A46BDB9BC03B
EXHIBIT
UAU
SCOPE
OF
SERVICES
Scope
of
Work
1. WORK
TO
BE
DONE
BY
CONTRACTOR
a.
Work
will
be
performed
at
various
times
and
locations
within
the
service
area
of
the
City
of
Rialto.
The
Contractor
is
not
authorized
to
perform
any
work
under
these
specifications
until
the
Contractor
has
received,
from
City
designated
personnel,
notification
to
commence
work.
The
notification
will
specify
the
location
and
type
of
work
to
be
performed.
If
during
the
commencement
of
work
, a
discrepancy
arises,
the
Contractor
shall
immediately
notify
the
City's
designated
personnel.
Work
will
include
but
is
not
limited
to
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
GIS
inventory/internet
database.
b. The
Contractor
is
responsible
to
obtain
from
the
City
designated
personnel
information
for
grids
in
order
to
meet
grid
tree
management
standards
for
each
grid
type
before
starting
work.
It
is
understood
by
the
Contractor
that
grid
areas
are
to
continue
their
normal
operation
during
grid
trimming.
The
Contractor
is
to
provide
and
use
all
protective
equipment
necessary
to
protect
the
Contractor's
employees. c. The
Contractor
shall,
prior
to
commencing
work,
be
responsible
for
notifying
the
residents
at
each
address
with
a
door
hanger
of
the
intended
municipal
tree
management
service
at
least
forty-eight
hours
prior
to
commencing
work
and
a NO
Parking
sign
shall
be
placed
on
the
tree
with
the
use
of
string
ties,
no
nails
or
staples
allowed
.
d.
Sufficient
crews
shall
be
maintained
at
all
times
to
maintain
Municipal
Tree
Management
standards
established
by
the
City.
e.
The
Contractor
shall
submit
a daily
electronic
report
defining
the
work
schedule,
status,
updates,
any
problems
encountered,
and
any
other
information
requested
by
City
personnel.
Dally
report
should
be-
delivered
to
Public
Works
Director,
Contract
Administrator
or
designee,
Contract
Administrator
and
City
inspector
by
7:30
A.M.
each
weekday
morning.
f.
No
work
will
be
performed
on
the
weekends
with
the
exception
of
emergencies
and
pre-approved
work
by
City
designated
personnel.
Overtime
work
performed
at
the
option
of,
or
for
the
convenience
of
the
Contractor
will
be
inspected
by
the
City
at
the
expense
of
the
Contractor.
g.
Invoice
will
be
paid
in
full
when
municipal
tree
management
work
is
completed
on
time,
City
designated
personnel
agrees
work
is
complete,
and
invoice
is
submitted
.
4872-4429-3132
v2
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56 May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BDB9BC038 h. All
work
performed
by
the
Contractor
will
be
at
the
sole
expense
of
the
Contractor
as
part
of
the
agreement.
i. The
Contractor
shall
provide
an
internet-based
GIS
inventory
system
for
all
grids
and
work
performed
in
the
City.
This
will
include
but
not
limited
to
tree
varieties,
species,
diameter,
height,
location,
and
invoicing
information
. Contractor,
at
their
expense,
will
be
responsible
to
migrate
and/or
update
existing
City
inventory
data
into
contractor's
internet-based
inventory
system
within
90 days
of
contract
implementation. j.
The
Contractor
will
comply
with
all
City
of
Rialto
Municipal
Codes,
Article
38 of
the
High
Voltage
Electrical
Safety
Orders
and
Article
12 of
the
General
Industry
Safety Orders,
Title
8 of
the
California
Administrative
Code,
Clearance
of
Brush
or
Vegetative
Growth
from
Electrical
Lines,
Item
15,
Appendix
11-A,
Uniform
Fire
Code,
California
State
Fire
Marshall
Code,
General
Order
95 National
Electric
safety
Code
, Occupational
Safety
and
Health
Act
Federal
and
State
and
any
other
laws,
codes
and
regulations
required
for
safe
municipal
tree
management
activities. k. All
service
requests
sent
to
the
Contractor
via
email
will
be
labeled
with
one
of
the
following
priority
levels:
•
ASAP-
The
contractor
is
to
respond
within
one
hour.
•
Priority
1-
The
contractor
is
to
respond
within
forty-eight
(48)
hours.
•
Priority
2-
The
contractor
is
to
respond
within
fourteen
(14)
days
.
•
Priority
3-
The
contractor
is
to
respond
within
thirty
(30)
days
.
I.
Non-emergency
unscheduled
work
shall
consist
of
additional
work
performed
outside
of
the
normal
schedule
and
scope
and
within
a
reasonable
amount
of
time
not
to
exceed
30 days.
As
determined
by
the
Contract
Administrator
or
designee,
out-of-cycle
municipal
tree
management
activities
will
be
billed
as
a
service
request. m.
The
Contractor
guarantees
all
work
provided
by
them
against
all
defects
for
a
period
of
six
(6)
months,
unless
noted
otherwise,
from
the
date
of
final
acceptance.
The
Public
Works
Director,
Contract
Administrator
or
designee
will
confirm
the
date
of
final
acceptance
in
writing.
The
Contractor
agrees
that
if
failure
does
occur
in
that
six-month
period,
they
will
be
held
liable
for
all
costs
related
to
that
failure
caused
by
poor
workmanship.
n. Contractor
shall
always
employ
three
levels
of
supervision
for
the
City
of
Rialto:
•
Area
Manager-lSA
Certified
Arborist
to
manage
daily
operations.
•
Field
Supervisor-lSA
Certified
Arborist,
Certified
Tree
Worker/Certified
Climber
to
oversee
daily
field
operations.
•
Working
Foreman-Certified
Tree
Worker
and
Certified
Climber
to
oversee
crews
working
in
field.
4872-4429·3\32
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56 May 20, 2025, Item #3
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ID:
8AB007BD--03E5-4FF6-8271•A~SBDB9BC03B o.
Contractor
will
be
responsible
for
removing
vegetation
including
vines
and
ivy
from
trees
at
ground
level.
No
tendrils
wm
be
left
behind.
p.
All
stumps
that
cannot
be
stump
ground
will
be
flush-cut
at
ground
level
and
will
be
treated
with
an
approved
stump
killer
as
directed
by
City-designated
personnel.
Contractor
must
be
aware
of
the
nature
and
mode
of
actions
of
herbicides
so
as
not
to
injure
or
kill
adjacent
trees
of
the
same
species
through
underground
crossing
or
grafting
of
the
root
system.
Tree
stumps
may
be
removed
at
the
request
of
City
designated
personnel.
q.
The
Contractor
will
respond
to
emergency
calls
on
a
24-hour
basis.
The
Contractor
shall
have
emergency
crew
on
site
within
the
established
priority
service
levels.
r.
Trees
with
more
than
one
trunk
from
the
same
rootstock
visib[e
from
the
ground
will
be
considered
as
one
unit.
s.
Telecommunication
lines
shall
be
cleared
from
strain
or
abrasion.
2. VOLUNTEER
PARTICIPATION
The
Contractor
when
possible,
will
provide
additional
services
as
part
of
"Giving
Back"
to
the
community
and
various
organizations.
The
Contractor
will
work
with
the City
to
make
available
extraordinary
services
to
the
City
including,
but
not
limited
to,
Arboriculture
education,
participation
in
Earth
Day,
other
City
events,
and
special
community
projects.
3. GREEN
WASTE
ANO
RECYCLING
All
tree
branches
produced
as
a
result
of
the
contractor's
operations
under
this
contract
shall
be
reduced,
reused,
recycled,
and/or
transformed.
Included
in
the
monthly
billing
for
tree
maintenance
the
City
will
receive
a
green
waste
report
detailing
the
amount
of
debris
recycled
and
location.
This
report
must
be
in
compliance
with
Assembly
Bill
939.
Contractor
agrees
to
reduce,
reuse,
recycle
or
transform
100%
of
all
material
produced
as
a
result
of
tree
trimming
operations.
Woodchips
or
mulch
generated
from
pruning
operations
within
the
City
may
first
be
dumped
at
a City
designated
and
approved
site.
If the
City
has
no
use
for
woodchips
or
mulch
generated
from
tree
trimming
operations
and
contractor
has
no
other
way
to
recycle
or
reuse
the
material,
then
Contractor
agrees
to
transport
the
material
to
any
state
recognized
recycling
facility
at
no
charge
to
the
City.
The
contractor
must
meet
all
. state
reporting
requirements
and
supply
to
the
City
waste
tonnage
reports
for
all
recycled
material
with
the
monthly
invoice.
Work
sites
shall
be
cleaned
on
a
daily
basis
with
no
limbs,
brush
or
debris
left
overnight.
4872-4429-3
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37 of
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ID:
8AB007BD•03E5-4FF6-8271•A46BOB9BC038
4. TRAINED
PERSONNEL
The
Contractor
shall
assign
only
qualified/certified
Tree
Trimmers/Climber
Specialists
who
have
completed
a
minimum
of
18 months
of
certified
training
in
accordance
with
American
National
Standards
Institute
Z133.1
guidelines.
5. DAMAGES All
damages
resulting
from
contractors'
operations
shall
be
repaired
at
the
Contractor's
expense.
6. CITY
RE
Q:UESTS
The
contractor
shall
respond
within
1 hour of
any
request
by
the
City
to
address
tree
issues.
7. MUNICIPAL
TREE
MANAGEMENT~
GENERAL
GUIDELINES
All
City
trees
shall
be
pruned
using
only
professionally
accepted
standards,
as
established
by
the
International
Society
of
Arboriculture
(ISA),
National
Arborists
Association
(NM),
and
American
National
Standards
Institute
(ANSI)
Section
Z133.1.
All
City
trees
shall
be
pruned
in
a
manner
that
will
encourage
good
development
while
preserving
their
health,
structure,
and
natural
appearance.
The
contractor
shall
perform
municipal
tree
management
operations
in
accordance
with
the
minimum
standards
set
by
the
following
agencies.
Rialto
Standards
will
supersede
these
minimum
standards
as
stated
in
Article
2,
Item
2. a.
ANSI
Standard
A300
(Part
1)
Pruning
b.
ISA
Best
Management
Practices
-Tree
Pruning
c.
ISA
Tree
Pruning
Guidelines
d.
Cal-trans
Encroachment
Permits,
Utility
and
Tree
Trimming
Special
Provisions
(TR-
159)
e.
American
National
Standard
Practice
for
Roadway
Lighting
(ANSI
/I ESNA
RP-800) f.
California
Public
Utilities
Commission
General
Order
95 8.
MUNICIPAL
TREE
MANAGEMENT-
SPECIFIC
STANDARD
FOR
THE
CITY
OF
RIALTO Prevent
branch
and
foliage
interference
with
the
requirements
of
safe
public
passage.
Over
residential
streets
limbs
shall
be
maintained
gradually
from
nine
(9)
feet
at
the
curb
to
fifteen
(15)
feet
over
traffic
lanes
. Over
arterial
streets,
limbs
shall
be
maintained
at
a
maximum
height
of
fifteen
(15)
feet
from
grade
to
wood.
Over
sidewalks,
limbs
shall
be
maintained
at
a
height
of
eight
(8)
feet
from
grade
to
wood.
In
City
parks,
over
playground
equipment,
limbs
shall
be
maintained
at
a
height
of
eight
{8)
feet
from
highest
point
on
playground
equipment.
Contractor
shall
perform
all
work
in
accordance
with
Western
Chapter
!SA
Pruning
Standards,
ANSI
A300
Standards,
and
City
Specifications.
4872-4429-3132
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38 of
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ID
: 8A8007BD-03E5-4FF6-8271-A46BDB9BC03B
Remove
all
dead
and
dying
branches
and
branch
stubs
that
are
an
inch
or
longer.
Remove
all
broken
or
loose
branches.
Remove
any
live
branches
that
interfere
with
the
tree's
structural
strength
and
healthful
development,
which
will
include
the
following:
1. Limbs
, which
rub
and
abrade
a
more
important
branch.
2. Limbs
of
weak
structure,
which
are
not
important
to
the
framework
of
the
tree. 3.
Limbs,
which
if allowed
to
grow,
would
wedge
apart
the
junction
of
more
important
branches.
4. Limbs
forming
multiple
leaders
in
a
single
leader
type
tree.
5. Branches
near
the
end
of
a
limb,
which
will
produce
more
weight
or
offer
more
resistance
lo
wind
than
the
limb
is
able
to
support.
6. Undesirable
sucker
and
water
sprout
growth
giving
specific
attention
not
to
nick
or
damage
the
sprout
"burl'.
7. Selective
removal
of
one
or
more
developing
leaders
where
multiple
branch
growth
exists
near
the
end
of
broken
or
stubbed
limbs.
8. Selective
removal
'of
limbs
obstructing
buildings
or
other
structures,
streetlights,
or
traffic
signs.
9. All
loose
Palm
Frond
bases
will
be
removed
from
all
Palm
trees
using
a
shovel
or
other
City
approved
device.
10. Telecommunication
lines
to
be
cleared
from
strain
or
abrasion.
11. Cut
back
ends
of
branches
to
a
suitable
lateral
limb
to
reduce
weight
where
excessive
overburden
appears
likely
to
result
in
breakage
of
supporting
limbs.
Caution
must
be
taken
not
to
create
"lion-tailing"
which
is
caused
by
removing
all
or
most
of
the
inner
follage.
Lion-tailing
places
foliage
weight
at
the
ends
of
the
branches
and
may
result
in
sunburn,
water
sprouts,
and
weakened
branch
structure
and
limb
breakage
.
12. On
mature
trees
only,
clear
water
sprouts
or
sucker
growth
to
a minimum
height
of
eight
(8)
feet
above
ground
level.
13. Maintain
a
balanced
appearance
when
viewed
from
the
opposite
side
of
the
street immediately
opposite
the
tree.
14. Remove
all
vines
entwined
in
trees
and
on
tree
trunks.
Vine
tendrils
shall
be
removed
without
injury
to
the
tree.
15. Clear
all
branches
and
foliage
within
four
(4)
to
six
(6)
feet
of
primary
electrical
lines.
16. When
pruning
cuts
are
made
to
a
suitable
lateral
limb,
the
remaining
limb
shall
possess
a
basal
thickness
of
at
least
1 /3
the
diameter
of
the
cut.
4872-4429-3132
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4872-4429-3132
v2
40 of
56 Such
cuts
shall
be
considered
proper
only
when
the
remaining
limb
is
vigorous
enough
to
maintain
adequate
foliage
to
produce
wood
growth
capable
of
call
using
the
pruning
cut
within
a
reasonable
amount
of
time.
17. All
final
pruning
cuts shall
be
made
in
such
a
manner
so
as
to
favor
the
earliest
possible
covering
of
the
wound
by
natural
callus
growth.
Flush
cuts
shall
not
be
made,
and
the
branch
collar
shall
not
be
removed
.
18. Tree
limbs
and
Palm
frond
bases
shall
be
removed
and
controlled
in
such
a manner
as
to
cause
no
damage
to
other
parts
of
the
tree
, or
to
other
plants
or
property.
Ropes
shall
lower
large
limbs
and
branches
that
would
damage
the
tree
or
other
property
while
falling
freely.
19. All
tools
used
on
a tree
known
to
contain
an
infectious
tree
disease
shall
be
properly
disinfected
immediately
before
and
after
completing
work
on
the
tree.
All
pests,
disease,
or
structural
weaknesses
or
defects
observed
by
the
contractor
while
performing
this
work
shall
be
immediately
reported
to
the
City
verbally
and
in
writing
including
steps
that
will
be
taken
by
the
contractor
to
prevent
spreading.
If any
significant
pest,
disease,
or
structural
weaknesses
or
defects
are
not
reported
for
any
reason
the
contractor
will
be
held
liable
for
all
damages
that
occur.
20. The
contractor
will
be
responsible
for
removing
bees
and
bee
hives
from
trees
at
no
additional
cost
to
the
City.
21. All
pruning
tools
and
saws
used
for
tree
pruning
shall
be
kept
sharpened
at
all
times
to
result
in
final
cut
with
an
abrasive
wood
surface
and
secure
bark.
All
trees
six
(6)
inches
in
diameter
{DBH)
or
less
shall
be
pruned
with
hand
tools
only,
Chainsaws
will
not
be
permitted
on
any
trees
with
six
(6)
inches
or
less
DBH
.
22. Whenever
pruning
cuts
are
to
be
made,
removing
limbs
too
large
to
hold
securely
in
one
hand
during
the
cutting
operation,
the
limb
shall
be
cut
off
first,
one
to
two
feet
beyond
the
intended
final
cut.
Then
the
final
cut
shall
be
made
in
a
manner
to
prevent
the
tearing
of
bark
and
wood.
23. Live,
healthy
limbs
with
a diameter
of
four
(4)
inches
or
greater
shall
not
be
removed
without
prior
approval
from
the
City.
24. No
more
than
twenty
(20)
percent
of
live
wood
may
be
removed
from
the
crown
of
any
tree.
The
exception
to
this
is
Live
Oaks,
which
are
limited
to
no
more
than
ten
(10)
percent.
25. Any
extraneous
metal,
wire,
rubber,
or
other
material
interfering
with
the
natural
growth
of
the
tree
shall
be
removed.
26. The
use
of
climbing
spurs
or
spike
shoes
is
strictly
prohibited
except
in
the
case
of
aerial
rescue
and
removals.
27. All
pruning
shall
be
performed
in
such
a
manner
as
to
encourage
and
promote
the
natural
growth
and
shape
of
the
tree
species.
The
Contractor
shall
not
perform
any
of
the
following
procedures,
except
in
the
process
of
tree
removal:
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BO89BC038
a.
The
severe
cutting
back
of
growing
tips
including
topping,
dehoming
, heading
back,
pollarding,
or
hat
racking
.
b.
Flush
cutting
where
a
cut
is
made
even
with
the
surface
of
the
trunk
or
limb,
removing
the
branch
collar
and
branch
bark
ridge.
c.
Stub
cutting
where
branch
removal
results
in
the
base
of
the
branch
removed
protruding
more
than
approximately
%
inch
beyond
the
zone
of
the
branch
collar
and
branch
bark
ridge
.
d.
Removal
of
a
main
healthy
leader.
e.
The
removal
of
all
the
inner
branches
and
foliage
also
known
as
lion
tailing
.
f.
All
guys,
stakes,
lodge
poles,
trunk
guards,
and
ties
shall
be
checked
to
avoid
girdling
and
for
leaning
on
an
ongoing
basis.
Remove
guys,
stakes,
lodge
poles,
trunk
guards,
and
ties
as
required
for
the
tree's
health
being
careful
not
to
induce
a
leaning
tree.
i•
TREE
AND
STUMP
REMOVAL
a.
All
tree
removals
include
the
removal
of
dead,
weak
or
hazardous
trees.
While
performing
tree
removal,
damage
to
other
trees,
shrubs,
and
other
features
is
prohibited.
The
Contractor
will
be
required
to
remove
and
replace
any
trees,
shrubs,
or
other
features
damaged
by
the
removal
process.
All
debris
is
to
become
the
Contractor's
property
and
disposed
of
offsite.
Trees
removed
shall
be
cut
down
to
the
existing
soil
grade
and
shall
include
stump
removal.
Tree
and
stump
removal
shall
occur
on
the
same
day
or
until
USA
marks
have
been
identified
and
then
stump
shall
be
removed
within
24 hours
. Removal
lists
will
be
compiled
by
the
City
and
submitted
monthly
or
as
needed.
Job sites
shall
be
cleaned
daily,
including
raking
of
leaves
and
removal
of
all
debris
.
b.
Stumps
shall
be
ground
to
a
depth
of
eighteen
(18)
inches
below
level
of
sidewalk
or
curb
grade
or
until
deep
roots
are
no
longer
encountered.
The
contractor
shall
grind
the
stump
a
minimum
distance
of
five
(5)
feet
on
either
side
of
the
outer
circumference
of
the
stump,
or
until
surface
roots
are
no
longer
encountered.
Upon
removal
Contractor
is
responsible for
filling
void
with
materials
three
(3}
inches
above
grade
to
allow
for
settling.
The
backfill
shall
contain
approximately
60%
soil
and
shall
be
over
seeded
with
appropriate
plantings.
All
holes
shall
be
backfilled,
as
well
as
all
debris
cleaned
up
and
hauled
off
on
a
daily
basis
with
no
debris
left
overnight.
10. INVENTORY
SYSTEM
Proposer
is
to
host
and
maintain
a
detailed
internet-based
inventory
system
to
include
but
not
limited
to
the
following:
Citywide
inventory
must
be
conducted
and
completed
in-conjunction
with
the
completion
of
each
grid.
a.
Tree
inventory
includes:
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10 : 8AB0078D-03E5-4FF6
-8271
-A46BDB9BC03B
•
All
trees
trimmed.
removed
, planted,
and
worked
on;
and
•
All
non-conforming/non-permitted
trees
and
vegetation
having
the
future
potential
growth
within
a
five
(5)
year
period
to
be
in
conflict
of
City
of
Rialto
specific
standards.
b.
All
information
collected
will
be
the
sole
property
of
the
City
of
Rialto.
c.
Digital
photos
before
and
after
trimming
of
all
service
requests.
d.
Global
Positioning
(GPS)
coordinate
location.
e.
Street
address.
f.
Species.
g.
Estimated
height.
h.
Estimated
diameter
at
shoulder
height.
i.
Type
of
service
and
date
performed.
j.
Removals
and
stump
removals
.
k.
New
plantings.
m.
Note
section
for
each
address.
n.
Sidewalk,
curb/gutter,
and
any
other
damage
caused
by
the
tree.
o.
The
software
shall
have
the
capability
of
producing
reports
that
can
be
exported
to
Microsoft
Excel
for
graphic
output
for
the
purpose
of
displaying
the
data. p.
The
software
shall
be
capable
of
linking
to
the
City
of
Rialto's
GIS
software
with
automatic
data
export
.
q.
The
software
shall
also
link
to
separate
databases
containing
work
history,
work
requests,
etc.
r.
The
software
shall
manage
an
unlimited
number
of
records
and
have
the
capability
of
adding
addit
ional
tree
sites
should
the
City
desire
to
input
them.
s.
The
software
shall
allow
for
queries
to
be
made
by
one
field
or
a
combination
of
fields;
and
t.
Any other
City
requested
information
must
be
provided.
1.L
TREE
MANAGEMENT
SERVICES
1. Street
Tree
Pruning
At
the
direction
of
City
of
Rialto,
pruning
will
be
done
per
pre-designed
districts
along
street
segments,
grid,
or
prune
routes
on
a
set
cycle
to
include
trees
of
various
sizes.
Pruning
consists
of
tree
canopy
raising
over
roadways,
and
sidewalks.
At
a minimum
tree
shalJ
be
pruned
to
provide
a minimum
clearance
of
(15)
feet
over
traffic
lanes
and
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seven
to
8 feet
over
sidewalks.
Small
limbs,
including
suckers
and
water
sprouts
shall
be
cut
close
to
the
trunk
or
branches
from
which
they
arise.
Pruning
shall
be
performed
in
accordance
with
the
standards
set
forth
by
the
International
Society
of
arboriculture
pruning
standards
(best
management
practices)
and
the
ANSI
A300
standards
2. Full
Pruning/
Service
Request
Tree
Pruning
0-12"
diameter
breast
height.
3. Full
Pruning/
Service Request
Tree
Pruning
13-24"
diameter
breast
height.
4. Full
Pruning/
Service
Request
Tree
Pruning
25"
+
diameter
breast
height.
At
the
request
of
the
city,
trees
will
be
assigned
for
pruning
outside
of
their
set
cycle
for
various
reasons.
Protein
may
consist
of
tree
canopy
raising
over
roadways
sidewalks
and
in
parks
locations;
thinning,
reducing,
restoring
and
structural
pruning
the
tree
canopy
in
width
and
hefght
the
production;
and
for
immature
trees,
re
staking
and
slash
or
retying,
as
needed.
In
addition,
pruning
includes
removal
all
dead,
broken,
damage,
loose,
diseased
or
insect
infested
limbs,
branches,
and
stubs
shall
be
removed.
Trees
shall
be
pruned
to
remove
any
obstructions
around
traffic
control
devices,
traffic
signs,
and
Street
lights.
5. King
&
Queen
Palms
(etc.)
6. Washingtonia
Robusta
Pruning
7. Date
Palm
Pruning
Pruning
shall
be
performed
in
accordance
with
the
standards
set
forth
by
the
International
Society
of
arboriculture
pruning
standards
(best
management
practices)
and
the
ANSI-
A300
standards.
The
trimming
shall
provide
a
systemically
shape
and
aesthetically
pleasing
appearance
typically
of
the
species
standard
palm
tree
pruning
will
fall
under
this
category
and
will
include
the
removal
of
dead
and
declining
fronds
&
seed
pods.
Excluding
palm
tree
skinning.
8. Palm
Tree
Skinning
Palm
tree
skinning
is
the
process
of
removing
the
outer
layer
of
bark
from
a palm
tree.
Skinning
a
palm
tree
also
helps
to
protect
it from
pests
and
disease
and
encourages
the
growth
of
new
leaves
and
branches.
This
process
involves
cutting
away
the
dead
fronds
at
their
base
which
is
at
the
trunk
of
the
tree.
9. Tree
and
Stump
.Removal
(regardless
of
diameter
breast
height}
10.Tree
Only
Removal
(regardless
of
diameter
breast
height)
11. Stump
only
Removal
(regardless
of
stump
diameter)
After
City
of
Rialto
determines
that
a tree
requires
removal,
City
staff
will
prepare
a list
of
trees
to
be
removed,
will
notify
homeowners,
and
submits
list
to
contractor.
City
staff
is
responsible
for
marking
trees
so
that
they
are
easily
identified
by
underground
services
alerts
and
the
contractor.
Contractor
calls
underground
service
alert
USA
and
prepares
internal
work
orders.
Contractor
will
remove
tree
and
hauls
all
debris
to
state
approved
disposal
site.
Contractor
grinds
stumps
to
a depth of
approximately
eighteen
4872-4429-3132
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(18")
inches.
The
hole
will
be
backfilled
with
a
combination
of
native
soil
and
minimal
stump
grindings
and
compact
it to
avoid
settlement.
12.Root
Pruning
(typically
>10'
in
length)
At
the
direction
of
city
staff,
roads
shall
be
pruned
adjacent
to
the
edge
of
the
sidewalk,
curb
and
gutter
or
other
improvements.
Root
pruning
cuts
shall
be
performed
using
root
pruning
equipment
specifically
designed
for
this
purpose
with
cutting
teeth
sharpened
adequately
to
sever
roots
in
a
clean
manner.
Root
pruning
cuts
adjacent
to
sidewalks
and
curb
shall
be
four
(4)
inches
wide
and
twelve
(12)
inches
deep
and
a
minimum
of
five
(5)
feet
in
each
direction
from
the
center
line of
the
tree.
13. Plant
15-gallon
tree
14.Plant
15-gallon
tree
w/
Root
Barrier
15. Plant
24"
Box
16. Plant
24"
Box w/
Root
Barrier
17. Plant
36"
Box
City
staff
will
locate
and
mark
potential
sites
for
new
plantings.
Planting
lists
will
be
compiled
and
submitted
monthly
or
as
needed.
Tree
planting
includes
the
tree,
steaks,
ties,
labor
and
initial
watering
at
time
of
installation.
18. Tree
Watering
At
the
direction
of
the
city
staff,
watering
is
performed
by
a one-man
crew
with
a water
truck
who
will
water
various
tree
routes
including
newly
planted
trees,
landscape
median
and
young
trees
that
are
>3
years
of
age.
Watering
may
also
be
performed
on
an
as
needed
basis
.
19.Crew
Rental/
Crown
Reduction
The
crew
and
equipment
can
be
modified
to
complete
any
type
of
miscellaneous
task
including
special
projects
that
may
consist
of
extraordinary
work
as
directed
by
city
staff
. The
use
of
currently
may
be
warranted
due
to
inaccessibility
by
equipment,
in
park
locations,
slope
settings,
or
nonlinear
tree
pruning.
It
is
understood
that
this
type
of
pruning
will
make
the
tree
more
secure
during
times
of
high
winds
.
20.Specialty
Equipment
(e.g.,
Cranes,
95'
Aerial
Towers)
On
occasions
the
use
of
a crane
or
95-foot
aerial
tower
is
necessary
to
safely
operate
the
assigned
tree
operation.
The
prices
include
equipment
and
the
operator.
21. Emergency
Response
(Reg.
Business
Hours,
Mon~Fri)
22. Emergency
Response
(Evening,
Weekend,
Holiday)
The
contractor
shall
be
required
to
provide
emergency
on
call
response
for
damaged
trees
due
to
storms
or
other
reasons.
Emergency
calls
may
occur
at any
given
time.
The
contractor
will
be
provided
with
locations
and
the
work
to
be
done
at
each
location
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via
telephone
from
a
city
authorized
representative.
Emergency
work
shall
begin
within
90 minutes
of
the
initial
telephone
call.
23. Certified
Arborist
Services
On
occasions,
the
city
requires
tree
evaluations
including
written
reports.
The
contractor
shall
provide
an
hourly
rate
for
a
certified
arborist
that
can
respond
to
the
city's
request
for
the
preparation
of
detailed
arborist
reports,
tree
risk
assessment
reports,
tree
evaluations
and
site
inspections.
Reporting
can
be
generated
on
as
little
as
one
tree
to
an
entire
urban
forest
population
and
is
handled
on
a
case-by-case
basis.
The
rate
will
be
applied
should
the
city
request
a
certified
arborist
on
site.
24. Plant
Health
Care
At
the
direction
of
the
city
staff,
the
contractor
will
provide
plant
health
care
services
including
but
not
limited
to
the
following:
spraying
(canopy
or
trunk),
injecting
(for
a
systemic
approach),
or
soil
drenching
as
necessary
to
reduce
a
potentially
harmful
pest.
This
is
done
to
maintain
or
improve
the
selected
trees
appearance,
vitality,
and
safety,
using
the
most
cost
effective
and
environmentally
sensitive
practice
and
treatments
available.
Plan
healthcare
involves
routine
monitoring
and
preventative
treatments.
All
pesticides
recommendations
are
to
be
made
by
an
in~house
pest
control
advisor
in
accordance
with
the
department
of
pesticide
regulations.
A.
Tree
Canopy Spraying
from
ground
level
B.
Tree
Canopy
Spraying
from
Aerial
Tower
a.
Description:
Trunk
spray
of
recommended
material
C.
Insecticide
or
fungicide
trunk
banding
a.
Description:
trunk
spray
of
recommended
material.
D.
PGR
trunk
banding
a.
Description:
trunk
spray
of
recommended
material
to
regulate
plant
growth.
E.
insecticide
or
PGR
soil
applications
(Cambistat)
a.
Description:
recommended
insecticide
soil
injection
or
drench
material
to
regulate
plant
growth.
F.
Insecticide
or
fungicide
soil
application
a.
Description:
soil
applied
drench
of
recommended
material.
G.
soil
injection
fertilization
a.
Description:
soil
applied
injection
of
recommended
material
H.
soil
drenching
fertilization
a.
description:
Applications
of
recommended
material
I.
trunk
injection
(insecticide/miticide)
a.
description:
trunk
injected
recommended
material
J.
trunk
injection
(fungicide)
a.
description:
trunk
injected
recommended
material
K.
truck
injection
(insecticide
&
fungicide
combo)
a.
description:
combination
of
one-time
trunk
injection
of
two
recommended
materials
4872-4429·3
I 32
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ID
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-M6BOB98C03B
L.
Avermectin
Class
Insecticide
Injection
a.
description:
recommended
trunk
injection
of
Emamentin
Benzoate
active
ingredient
4872-4429-3132
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DocuSign Envelope ID: 8AB00780·03E5-4FF6-8271•A46BDB98C03B ~
0 ....
u,
0\
EXHIBIT "B"
"SCHEDULE OF COMPENSATION"
Cit of Rialto
Proposed Rates for RFS #24-025 Tree Maintenance Services (Re-Bid) Submitted by West Coast Arborists, Inc.
Item ilDescriptlon
2 3
4 s
6 7
'Street Troe Pruning 7 EaCh l S 75-00 , ~ . ____ I _ . __ ._ At the direction of CITY. pruning will be done per pre-d&signed districts Blong street segments. grids. or prune routes on a set 1 cycle lo include trees of various sizes- Pruning consists of tree canopy raising over roadw11ys, end sidewelks , At a minimum , treeos shall be pronsd to provide a minfmum clearance of fourteen (1 SJ feet over the tmlfic lanes end seven (8} feet over sidewalks . Trees ca be proned to remove any obstroction around traffic control devises. traffic signs, and slree/lights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboricvtture Prvning Standards (Best Management Prac /ices) and the ANSI A300 Standards , FullPrune/Servlce Request Tree Pruning 0-12" DBH I Each 90,00 $ -----Full Prune/Service Request Tree Pruning 13-24" OSH Each 170.00 $ 170.00 __ ... Full Prune/Service Request Tree Pruning 25w & over DBH Each 325-:-<ro 325.00 $ 325-:-o·o Al the reqv9st or the City, trees will be assigned for pruning outside of their set cycle for various roasons. rumng may consist of tree canopy raising over roadways, sidewalks, and in park locations: thinning. reducing. restoring and structvrally pruning the tree canopy in widtn and height reduct,on: and for immature trees. re•st11king and/or retying. as needed, In addition pruning inclvdes removing sll dead, broken, damaged. loose. diseased or insect infes/ed limbs. branches, and stubs shell b& removed _ Smelf limbs, including suckers and waterspouts shall be cut close to the tronk or branch from which they arise. Al a minimum, /roe shall be pruned to provide a minimum cteenmce of rrtteen (15) feet over the roadway and eight (8) feet over walkways.
Traes shall be proned to remove any obstruction around traffic conlrol devises, traffic signs, and streetlights_ Pruning shell be performed in accordance with the standards set ferth by the lnlemalional Society of ArtJoricvlture Prunfng Standerds (Best Management Practices} and /he ANSI A300 Standards.
Coco/King Palm Pruning
Washingtonia Robusta Pruning
Date Palm Pruning
Pruning shall be performed in accordance with the standards set forth by the ln/Bmational Society of Arboncuf/uro Proning Stondards (Best Menagement Pructices) and the ANSI A300 Standards. The tn·mming shelf provide B symmetncat shepe and aesthet ically pleasir,g 11ppearance typical of the species.Standard palm tree proning will fsll vnder this cetegory and will include the 1 removal of dead and declining fronds & seed pods. E)tclvdes skinning_ ~ tm Tree_ Skinnin :iJ _ _ ~ 11.:inear £?a t $ 30.00 9 Troe an<I Stump Removal (r11gardless ofsl:te Dia. Inch 49.00 ... 1 o Tree Only Removal (regardless of s~e) Dia. Inch - S-3'5:'00 :rs:._ 11 Stump Only Removal (regardless ofsi:te) ,a. Inch $ 18_00" 18.00 After CITY determtnes that a tree requires removal, CITY will prepare a Ust of trees to be removed. notifies homeowners . an svbmits lists to Contractor . CITY is responsible for marking treas so that they are easily identifiable by Underground Service Alert and the Contractor . Controclor calls Underground Service Alert (USA) and prepares intemsl work order. Crew removes tree end hauls ail debris. Craw grinds stumps lo 9 dqpfh of sppto'lfimately eigflteen (18"} inches. All holes will be backfilled with a combination of native sol/ end minimal stump grindings and compacted to avoid settlement. 4872-4429-3132 v2 B-1
I _ ·--·· I $- 100.00
~ •-- AA $ 190,00
s -· 3·9s~oo
37.00 I - ----- I • _4:00
• A- A- A - 3'9,00
22,00
May 20, 2025, Item #3
DocuSign Envelope ID: 8AB007BO-03E5-4FF6-8271-A46BDB9BC03B .i:,.
00 0 ....
u,
CJ\ Item IDescripffon Unit
Measure
FY2~2?.
Proposed
Rates
F"/25-.:2""6
Unit
Rates
2- Root Prune Trees (typieaff0 foot length) I Linear Foot r s 20.00 f=$~- • 20.00T ~ 20.vu I Al the direction of City staff. roots shall be pn,ned adjacent to Iha adge of the sidewalk, curb end gutter or other improvements. Root pruning cuts shaf/ be performed using root pruning equipment spttifically designed for rhis purpose with cutting teeth sharpe nad 5 6
7 8
9 adequately to sever roots in II cl11an manner. Root pruning cuts adjacent to the sidewalk and curb shall bB lour (4) inches wide ,ma twelVe (12) inches dBep and II minimum of live (5) feet in each direction from the centerline of the tree.
Plant 15-gallon tree
Plant 15-gallon tree with Root Barrier
Plant 24" bo,c tree
Plant 24" box tree with Root Barrier
Plant 36" box tree
Tree plenting inclucles thB tree, stekes, ties, fabor and Initial watering at time of instellation as directecl by City staff.- Planting lists shoulcl be compiled by the Inspector and submitted monthly or as neeaecl. 18 Tree Wafering L uav I 4 ..,.,.,_vv 1 " u...,...,,.,., 1 ~· ..,.,., .vv 1 At the direction of the City, watering is performed bye one-man crew with a water lrvck who will water various tree routes including ' newly planted trees. landscape median and young l,e&s that ere three (3) yea/li' old and younger. We/Bring may also be performed on 11n as-needed basis. 19 CiiWRentat • • • - c rv1an Hour I $ 95,00- jS: 95,00 ! $ 95,00J The crew ancl equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City stelf. The use of crew rerttal mey be wsmmted due lo inaccessibility by equipment, in parl< tocalions, slope settings, or non-linear tree pruning . ~ Sp~ialty Equ1pmenl{l.e., Crane, 95-ft Aerial Tower) I Hour I $ 175:"0-0 , .., "v,w 1 .. .. .,.w 1 On occasion the use of a crane or 95-IOot eerie/ tower is necessary to safety operate the assigned tree operation . These prices of ' quipmen/ incfude the operator. 3 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour $ 95JJO--T-s-· - 9ollolr-95.00 9 Emergency Response (Evening, weekend, Holidays) M<in Hour $ 129.00 - $ 129.00 I S 129.ooj The Conlracror shall be requlrecl to provide emergency on ca/I rosponse for damaged trees due to storms or other masons, Emergency ' calls m11y occur at any givBn time, The Contractor will be provided with locations and lhe worl< to be done al each location via telephone from a City authorized representative. Emergency worl< shall b11gin within 90 minutes of the initial telephone call. ertified Arborist Services Hour $ 170,00 _ __. _ _ ....c..: ..::.....J 4872-4429-3132 v2 8-2
•29
$ 1ss.oo· $
8 $1
51 rno:oo f
May 20, 2025, Item #3
DocuSign Envelope ID: 8AB00780-03E5-4FF6-8271-A4680898C038 ~
0 ....
u,
O'I
24 10
11 C.
d.
e.
f.
g.
h.
i.
j.
Plant Health Care
I
Unit
Measure
Sue· 6elow Al the direction ofthe City, the Contractor will provide plant health carrt services including but not limited lo th& following: spraying, injecting, soil drenching as necessary lo redvce a potentially harmful pest_ This is done to maintain or improve the selected tree's appearance. vitality, and safely. using the most cost-effective and environmentally sensitive practices e11d treatments evaitable. Plant Health Care involves routine monitoring end preventive tmetments. All pesticide recommendations are lo be made by an in-hovse Pest Control Advisor in accordance with the Department of Pesticide Regulations .
Tree Canopy Spraying from ground level I per diameter inch $ 7.00 Tree Canopy Spraying from aerial tower I per diameter inch s 7.00 Description: Fo!ler hydraulic spraying of recommended material.) !nS(lttfclde or Fungicid e Trunk Banding
I per diameter inch $ 8.00
Description: Trunk spray of recommended material.
PGR Trunk Banding r per diameter Inch s 7.00
Oescrip~on: Trunk spray of recommended material to regulate plant growth.
Insecticide or PGR Soil Application (Cambistat) I per diameter inch s 7.00 Description: Recommended insecticide soil injection or drench material to regulate pion! growth. lnsec:tfclcle or Fungicide Soil Application r per diameter inch $ 1.00 I Oescrlptlon: Soil appUed drench of recommended mate1ial.
Soll lnJec:tlon Fertiliiation I per diameter inch $ 8.00 Description: Soil applied injection of recommended m11terial.
Soll Drenching Fertilization r per diameter inch $ 8.00 Oesc1iptjon: Soil application of recommended material.
Trunk Injection (lnseeticide/Miticlde) j pe1 diameter inch s 9.00 oescriplion : Trunk injected recommended material.
Trunk Injection (Fungicide) [' per diameter Inch $ 9.00 Description: Trunk injected recommended material.
$ 7.o·o 1 :s 1.00 I
$ 7.oo I $ i.oo I
$ s.oo I $ a.co I
--r- , .oo I ~ 7.oo l
$ roe 1 $ 1.00 I
$ 7.00 f ;i, 7.00 f
:l, s.oo -, $- - s-:-00-1
~ s.oo I s- s:-0-07
!$ 9.00j ~ ~
5 !;!,00 J $ s:007
k. Trunk Injection (lnsedicide & Funglcide Combo) I per diameter inch $ 10.00 ,, Hl.00 I ~ 1(t0oJ Description: Combination of one-time trunk injection of two recommended malerials.
I. Avermectin Class Insecticide Injection I per diameter inch s 11 .00 :!'. 11.00 I :. 11.UU j Description: Recommended 1runk injecfoon of Emameclin benzoete active ingredient. 4872-4429-3132 v2 B-3
s
I
~
FY28--29
Unit
Ratti$
a:oo
.00
$ s:oo-
.00
a:so- r-$ .oo
a:so 9-:0
'ffS"O
May 20, 2025, Item #3
u,
0 0 ....
u,
°'
DocuSign Envelope ID: 8AB0078D-03E5-4FF6-8271-A46BDB9BC03B m Descri~tion
Alternative Bid Item #1
on1t
Measure
Ff1,f:25
Proposed
Rates Rates
GPS Tree Inventory ~ Site M $ 4.00 l ~ $ 4.00 At the City's direction, conlractorwi/J provide the City withe Global Positioning System (GPS) tree Inventory collected by en !SA Certifi11d Arborist including coordin;,tes for ell trees in public spttces. This includes. bul is nol limiled to. ell publicly ownod trees on street rights-of-way, perks, City facilities and open spaces such as mediens. greenscepes, etc. The address information contained in inventory should be linked directly to a Geographical Informal ion System (GISJ program. such as Arr; View. The inventory collector will identify the trees by their global coordinates of longitude and la/ifude.
Alternative Bid Item #2 Create a Street Tree Palette Lump Sum $ 5,000.00 At the City's direction, work with City staff to develop en updated Street Tree Palette. Create a Street Tree Pfantlng Plan Lump Sum $ 15,000.00 Al tire City's direction, work with City staff to devalop en updated Street Tree Planting Plan for future planting opportunities.
Alternative Bid Item #3
Create an Urban Forest Management Plan (UFMP) At the City's direction, work with City staff to develop an VFMP. This includes presenting to City Council and train stq{f on the UFMP. ~ - l _l
l Lump Sui:i: l S 40,000.00 1
4872-4429-3132 v2 B-4
1-----.roo
F'/27-28
Unit
Rates
$ 5.00
'2S:29
nit
Rates
$~
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8A80078D-03E5-4FF6-8271-A468OB9BC038
EXHIBIT
"C''
"SCHEDULE
OF
PERFORMANCE''
Consultant
shall
commence
the
services
pursuant
to
this
Agreement
upon
receipt
of
a
written
notice
to
proceed.
The
initial
contract
will
be
for
three
years,
from
July
1,
2024,
through
June
30,
2027.
The
City
may
extend
the
Contract
for
up
to
two
(2)
optional
one
(1)
year
term
extensions
based
on
satisfactory
performance.
C-1
4&72-4429·3132
v2
51 of
56 May 20, 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 o/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)
52 of 56
(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 May 20, 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:
53 of 56
(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.
May 20, 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).
54 of 56
May 20, 2025, Item #3
GUARANTY
To the City of Poway, City Council, for:
URBAN FORESTRY MAINTENANCE 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
55 of 56
May 20, 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."
56 of 56
May 20, 2025, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT City of Poway
CITY COUNCIL
May 20, 2025
Honorable Chairman and Members of the Housing Authority Board Julie Procopio, Director of Development Services cf
Marie Sanders, Senior Management Analyst
(858) 668-4637 or [email protected]
Poway Housing Successor Annual Report For Fiscal Year 2023-24 Pursuant to California Health and Safety Code Sections 34176 and 34176.1 (f) (Dissolution Law), the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, must prepare an annual report detailing its financial activities each fiscal year. The Poway Housing Successor Annual Report for Fiscal Year 2023-24 (Attachment A), and the Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ending June 30, 2024 (Attachment B), are included with this agenda report for review by the Poway Housing Authority Board.
Recommended Action:
It is recommended the Poway Housing Authority Board receive and file this report.
Discussion:
Part 1.85, Division 24 of the California Health and Safety Code, particularly Sections 34176 and 34176.1 (f}, require the Housing Successor provide an annual report of the Successor's activities during the prior fiscal year. The purpose of the report is to provide the governing body of the Housing Successor with an annual report on the housing assets and activities of the Housing Successor. The report is to be provided to the Poway Housing Authority Board, along with an independent financial audit of the Low-and Moderate-Income Housing Asset Fund (LMIHAF) within six months after the end of each fiscal year. Due to Poway's annual timing for completion of the Housing Authority audit, it is not possible for this report to be completed within the six-month period. However, there is no penalty for delayed submission of the report.
The Poway Housing Successor Annual Report for Fiscal Year 2023-24 indicates a balance in the LMIHAF of $5,120,157. LMIHAF monies may be utilized to acquire, rehabilitate, ensure long term affordability covenants for, or preserve lower income housing (affordable to households earning 80 percent of area median income [AMI] or less). Additionally, funds may be used for program administration and monitoring as well as for homelessness prevention and rapid rehousing services. The source of funding for the LMIHAF is derived from the previous balance of Redevelopment financing, program income from operations, repayments of loans, and land sales. 1 of 35
May 20, 2025, Item #4
LMIHAF funding is separate from the housing in-lieu fee collected from the developer of each market rate unit to support the development, acquisition and rehabilitation of affordable housing. The current balance of the Housing In-Lieu fund is $565,725.
During FY 24-25 a significant milestone was achieved. The Monte Vista affordable housing project was approved by the Poway Housing Authority Board and the City Council on November 19, 2024. The approval included a $4,590,000 loan from the Housing Authority to finance the Developer's ground lease of the property. The project will build 60 units, including 18 units affordable to extremely-low income households (30% AMI), 10 units affordable to very-low income households (50% AMI), and 31 units for low-income households (59% AMI). With entitlement complete on the Monte Vista project, funds for an evaluation and identification of additional affordable housing sites survey are proposed in the Fiscal Year 2025-26 budget. This survey will evaluate options and priorities for support of affordable housing.
Environmental Review:
This item is not subject to California Environmental Quality Act (CEQA) review.
Fiscal Impact:
There is no fiscal impact associated with this item.
Public Notification:
None.
Attachments:
A. Poway Housing Successor Annual Report for Fiscal Year 2023-24 B. Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ended June 30, 2024
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 35
Reviewed By:
Alan Fenstermacher
City Attorney
e
City Manager
May 20, 2025, Item #4
POWAY HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE LOW-AND MODERATE-INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2023-2024
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE POWAY HOUSING AUTHORITY
This Housing Successor Annual Report (Report) regarding the Low-and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1 (f) and is dated as of December 31, 2024. This Report sets forth certain details of the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, activities during Fiscal Year 2023-24 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor with an annual report on housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor staff and information contained within the Poway Housing Authority Basic Financial Statements and Independent Auditor's Report for Fiscal Year 2023-24 as prepared by Davis Farr, LLP, which the Audit is separate from this annual summary report; further, this report conforms with and is organized into sections I. through XII., inclusive, pursuant to the Dissolution Law:
I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amount deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.
II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amount deposited for items listed on the ROPS must be distinguished from the other amounts deposited.
Ill. Description of Expenditures from LMIHAF: This section provides a categorized description of the expenditures made from the LMIHAF during the Fiscal Year.
IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.
V. Description of Transfers: This section describes transfers pursuant to Health and Safety Code Section 34176.1 ( c)(2), if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
3 of 35
POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2023 -2024
ATTACHMENT A
May 20, 2025, Item #4
VI.
Project
Descriptions:
This
section
describes
any
project
for
which
the
Housing
Successor
receives
or
holds
property
tax
revenue
pursuant
to
the
ROPS
and
the
status
of
that
project.
VII.
Status
of
Compliance
with
Section
33334.16:
This
section
provides
a
status
update
on
compliance
with
Section
33334.16
for
interests
in
real
property
acquired
by
the
former
redevelopment
agency
prior
to
February
1,
2012.
For
interests
in
real
property
acquired
on
or
after
February
1,
2012,
the
Housing
Successor
must
provide
a status
update
on
the
project.
The
Poway
Housing
Successor
has
acquired
two
properties
since
February
1,
2012.
VIII.
Description
of
Outstanding
Obligations
under
Section
33413:
This
section
describes
the
outstanding
inclusionary
and
replacement
housing
obligations,
if any,
under
Section 33413
that
remained
outstanding
prior
to
dissolution
of
the
former
redevelopment
agency
as
of
February
1,
2012,
along
with
the
Housing
Successor's
progress
in
meeting
those
prior
obligations,
if
any,
of
the
former
redevelopment
agency
and
how
the
Housing
Successor's
plans
to
meet
unmet
obligations,
if
any.
IX.
Income
Test:
This
section
provides
the
information
required
by
Section
34176.1
(a)(3)(B),
or
a
description
of
expenditures
by
income
restriction
for
five-year
period,
with
the
time
period
beginning
January
1,
2014,
and
whether
the
statutory
thresholds
have
been
met.
X.
Senior
Housing
Test:
This
section
provides
the
percentage
of
units
of
deed-restricted
rental
housing restricted
to
seniors
and
assisted
individually
or
jointly
by
the
Housing
Successor,
its
former
redevelopment
Agency,
and
its
host
jurisdiction
within
the
previous
10 years
in
relation
to
the
aggregate
number
of
units
of
deed-restricted
rental
housing
assisted
individually
or
jointly
by
the
Housing
Successor,
its
former
Redevelopment
Agency
and
its
host
jurisdiction
within
the
same
time
period.
For
this
Report,
the
ten-year
period
reviewed
is
January
1,
2014
to
December
31,
2024
.
XI.
Excess
Surplus
Test:
This
section
provides
the
amount
of
excess
surplus
in
the
LMIHAF,
if any,
and
the
length
of
time
that
the
Housing
Successor
has
had
excess
surplus,
and
the
Housing
Successor's
plan
for
eliminating
the
excess
surplus.
XII.
Inventory
of
Homeownership
Units:
This
section
provides
a
summary
of
covenanted
homeownership
units
assisted
by
the
former redevelopment
agency
or
the
housing
successor
that
are
subject
to
covenants
or
restrictions
or
to
an
adopted
program
that
protects
the
former
redevelopment
agency's
investment
of
monies
from
the
Low-
and
Moderate-Income
Housing
Fund
pursuant
to
subdivision
(f)
of
Section
33334.3.
Inventory
shall
include
the
following:
a)
the
number
of
those
units;
b)
in
the
first
report
pursuant
to
this
subdivision,
the
number
of
units
lost
to
the
portfolio
after
February
1,
2012,
and
the
reason
or
reasons
for
those
losses.
For
all
subsequent
reports,
the
number
of
the
units
lost
to
the
portfolio
in
the
last
fiscal
year
and
the
reason
for
those
losses;
c)
any funds
returned
to
the
housing
successor
as
part
of
an
adopted
program
that
protects
the
former
redevelopment
agency's
investment
of
moneys
from
the
Low-
and
Moderate-Income
Housing
Fund;
and
d)
whether
the
housing
successor
has
contracted
with
any
outside
entity
for
the
management
of
the
units
and,
if
so,
the
identity
of
the
entity
.
POWAY
HOUSING
SUCCESSOR
ANNUAL
REPORT
FISCAL
YEAR
2023
-2024
4 of
35 May 20, 2025, Item #4
I. AMOUNT DEPOSITED INTO LMIHAF
A total of $284,877 was deposited into the LMIHAF during the Fiscal Year.
II. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending balance in the LMIHAF was $5,120,157 none of which is being held for items listed on the ROPS. This includes $5,205,932 in cash and investments, and $362,965 in housing loans receivable, less $37,485 in liabilities. The $296,242 is due from the Successor Agency and represents the Housing Authority's 20% of the former Redevelopment Agency's loan balance, and repayment is subject to approval by the California Department of Finance.
Ill. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:
Fiscal Year 2023-24
Monitoring & Administration Expenditures $9,712
Homeless Prevention & Rapid Rehousing Expenditures $0
Housing Development Expenditures $172,191
Total LMIHAF Expenditures in Fiscal Year $181,903
IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181 (f), and the purchase price of properties purchased by the Housing Successor. Further, the value of loans and grants receivable are included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor:
Fiscal Year 2023-24
Cash and Cash Equivalents $5,205,932
Accounts Receivable $13,084
Statutory Value of Real Property Owned by Housing Authority $13,917,824 Value of Loans and Grants Receivable $296,242
Total Value of Housing Successor Assets $5,515,258
V. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1 ( c)(2) during the Fiscal Year.
POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2023 -2024 5 of 35
May 20, 2025, Item #4
VI.
PROJECT
DESCRIPTIONS
The
Housing
Successor
did
not
receive
and
did
not
hold
property
tax
revenue
pursuant
to
the
ROPS. VII.
STATUS
OF
COMPLIANCE
WITH
SECTION
33334.16
Section
34176.1
provides
that
Section
33334
.16
does
not
apply
to
interests
in
real
property
acquired
by
the
Housing
Successor
on
or
after
February
1,
2012.
With
respect
to
interests
in
real
property
acquired
by
the
former
redevelopment
agency
prior
to
February
1, 2012,
and
transferred
to
the
Successor
Agency
pursuant
to
Health
and
Safety
Code
Section
34176
,
the
time
periods
described
in
Section
33334.16
shall
be
deemed
to
have
commenced
on
the
date
that
the
Department
of
Finance
(DOF)
approved
the
property
as
a housing
asset
on
the
Housing
Asset
Transfer
Form
; thus
, as
to
real
property
acquired
by
the
former
redevelopment
agency
now
held
by
the
Housing
Successor, the
Housing
Successor
must
initiate
activities
consistent
with
the
development
of
the
real
property
for
the
purpose
for
which
it
was
. acquired
within
five
years
of
the
date
the
DOF
approved
such
property
as
a
housing
asset.
Poway's
Housing
Assets
Transfer
Form
was
approved
by
the
DOF
on
August
31,
2012
.
The
following
provides
a
status
update
on
the
real
property
housing
assets
that were
acquired
by
the
former
redevelopment
agency
prior
to
February
1,
2012,
and
transferred
to
the
Housing
Successor
on
February
1,
2012,
and
compliance
with
the
five-year
period
to
commence
development
activities
.
APN
Street
Address
Date
of
Size
Status
Purchase
27546061
1267
4 Monte
Vista
Rd
02/22/2000
2.06 Acres
An
Affordable
Housing
Agreement
and
Ground
Lease
executed
11/19/2024
.
Construction
completion
no
later
than
12/31
/27
. The
Developer
is
actively
securing
financing
and
tax
credits
.
32119028
0 Twin
Peaks
Rd
11/03/2004
2.15 Acres
Vacant
land
.
31423026
13424
Scots
Way
08/27/2002
0.70 Acres
Vacant
land
. Due
to
access
issues
, development
options
are
still
actively
being
evaluated
.
31421418
14048
Sycamore
Ave
06/30/2005
0.32 Acres
Vacant
land
. Creek
runs
through
property
. Development
options
continue
to
be
evaluated
.
31710151
Floodway
adjacent
to
08/27/2004
2.15 Acres
Vacant
land
. Property
located
in
&
52 the
Solara
Affordable
floodway
, cannot
be
developed
.
Housing
Development
The
following
provides
a
status
update
on
real
property
housing
assets
that
were
acquired
by
the
Housing
Successor
after
February
1,
2012.
POWAY
HOU
SING
SUCCESSOR
ANNUAL
REPORT
FISCA
L YEAR
2023
-2024
6 of
35 May 20, 2025, Item #4
APN
Street
Address
P~:~~::e
Size
Status
31723222
12207
&
12237
Old
01/09/2018
1.07 Acres Future
affordable
housing
site.
&36
PomeradoRoad
Funds
for
demolition
of
the
site
are
budgeted,
awaiting
City
Council/Housing
Authority
Board
approval.
VIII.
DESCRIPTION
OF
OUTSTANDING
OBLIGATIONS
PURSUANT
TO
SECTION
33413
Replacement
Housing
:
According
to
the
2010-2014
Implementation
Plan
for
the
former
redevelopment
agency,
no
Section
33413(a)
replacement
housing
obligations
were
transferred
to
the
Housing
Successor.
Furthermore
, the
Housing
Successor
has
not
caused
the
demolition
of
any
units
and
no
new
replacement
housing
obligations
have
been
created.
lnclusionary/Production
Housing
. According
to
the
2010-2014
Implementation
Plan
for
the
former
redevelopment
agency,
no
Section
33413(b)
inclusionary/production
housing
obligations
were
transferred
to
the
Housing
Successor
.
The
former
redevelopment
agency's
Implementation
Plans
are
posted
on
the
City
's
website
at
http://poway.org/207
/Affordable-Housing
.
IX.
EXTREMELY
LOW-INCOME
TEST
Section
34176.1
(a)(3)(B)
requires
that
the
Housing
Successor
must
require
at
least
30%
of
the
LMIHAF,
after
expenditures
allowed
pursuant
to
Code
section
34176.1
(a)(1)
and
(2,)
to
be
expended
for
development
of
housing
affordable
to,
and
occupied
by,
households
earning
30%
or
less
of
the
AMI.
If
the
Housing
Successor
fails
to
comply
with
the
extremely
low
income
requirement
in
any
five
year
report
beginning
with
the
five
year
report
to
be
issued
in
2019
, then
the
Housing
Successor
shall
ensure
that
at
least
50%
of
these
remaining
LMIHAF
funds
expended
in
each
fiscal
year
following
the
latest
fiscal
year
following
the
five
year
report
are
expended
for
the
development
of
rental
housing
affordable
to,
and
occupied
by
, households
earning
30%
or
less
of
the
area
AMI
until
the
housing
successor
demonstrates
compliance
with
the
extremely
low-income
requirement
in
an
annual
report.
This
information
was
required
to
be
reported
beginning
in
2019
for
the
first
5-year
period
(FY
2018/2019
through
FY
2023/2024).
Extremely
Low-Income
Expenditures
Test
July
1,
2018
through
June
30,
2024
LMIHAF
Spent
on
Extremely
Low-Income
Housing
$72,594
.51
Amount
Spent
on
ELI
Units
= A
Total
LMIHAF
Spent
in
5-Year
Period
$279,209.62
Total
LMIHAF
Spent=
B
Extremely
Low-Income
Test
26%
*
A
I B
=
Percent
of
LMIHAF
Spent
on
ELI
Units
in
5-year
period
*Expenditures
over
the
total
5-year
period
were
26%
due
to
funding
commitments
established
prior
to
testing
requirement.
However,
over
the
last
3-year
period
(2021
-2024)
expenditures
were
30%
.
X.
SENIOR
HOUSING
TEST POWAY
HO
USING
SUCCE
SSOR
ANNUA
L REPORT
FISCA
L YEA
R
2023
-2024
7 of
35 May 20, 2025, Item #4
The Housing Successor is required to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10-year period of January 1, 2013 through December 31, 2024:
Housing Test 2014-2024
# of Assisted Senior Rental Units 43
# of Total Assisted Rental Units 246
Senior Housing Percentage 17%
XI. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1 (d) as an unencumbered amount in the LMIHAF account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the LMIHAF account during the Housing Successor's preceding four Fiscal Years, whichever is greater.
The LMIHAF was created on February 1, 2012. The current uncommitted balance of $5,120,157 in the LMIHAF exceeds the sum of the annual deposits made in the preceding four fiscal years of $2,964,254. As a result, the LMIHAF has an Excess Surplus of $2,155,903, as shown below.
The following provides the Excess Surplus test for the preceding four Fiscal Years:
FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 Total FY20-24 Beginning Balance $4,438,922 $3,434,907 $5,192,658 $5,078,830 Add: Deposits $368,684 $1,841,651 $469,042 $284,877 $2,964,254 (Less) Expenditures $ (1,372,699) $ (83,900) $ (582,870) $ (182,177) Ending Balance $3,434,907 $5,192,659 $5,078,830 $5,181,530 (Less) Commitments $ (20,928) $ (39,850) $ (51,488) $ (61,373) Closing Balance $3,413,979 $5,152,808 $5,027,342 $5,120,157 With entitlement complete on the Monte Vista site in FY24/25, funds for an evaluation and identification of affordable housing sites survey are included in the FY25/26 budget. This survey will evaluate options and priorities for support of affordable housing.
XII. HOMEOWNERSHIP UNITS
The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of monies POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2023 -2024 8 of 35
May 20, 2025, Item #4
from the LMIHAF pursuant to Section 33334.3(f). Inventory is as follows:
Current Inventory Number of Units
Restricted Homeownership Units as of 12/31/2024 40
Add: Restricted Homeowner Units Added by Housing Successor (January 0 1, 2024 through December 31, 2024) (Less): Restricted Homeowner Units Lost to Portfolio (January 1, 2024 0 through December 31, 2024) No inventory was lost in 2024. A total of $0 was returned to the Housing Successor as a result of the restrictions adopted to protect the former redevelopment agency's investment in LMIHAF monies and the Housing Successor did not contract with an outside entity for the management of the ownership portfolio.
POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2023 -2024 9 of 35
May 20, 2025, Item #4
10 of
35 POWAY
HOUSING
AUTHORITY
(A
Component
Unit
of
the
City
of
Poway)
Financial
Statements
Year
Ended
June 30,
2024
ATTACHMENT
B
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Table
of
Contents
Year
Ended
June
30,
2024
Independent
Auditor's
Report
..........................
....
........
.......
...
.....
.......
...............
........
....
.....
............
. 1
Basic
Financial
Statements
Government-Wide
Financial
Statements
Statement
of
Net
Position
................
....
......................
................
........
......
.........................
......
4 Statement
of
Activities
........
.....
....
.......................
.....
......
.....
......
....
............
.......
......
..............
...
5 Fund
Financial
Statements
Balance
Sheet
........
..........
.........................
...
...
.........................................
.....
...
...............
.........
6 Reconciliation
of
the
Balance
Sheet
of
the
Governmental
Fund
to
the
Statement
of
Net
Position
........
.....
........
....
..........................
......
....
......
...........
..............
7 Statement
of
Revenues,
Expenditures
and
Changes
in
Fund
Balance
.....................
.....
..........
8 Reconciliat
ion
of
the
Statement
of
Revenues
, Expenditures
and
Changes
in
Fund
Balance
of
the
Governmental
Fund
to
the
Statement
of
Activities
................
9 Notes
to
the
Basic
Financial
Statements......
......
........
.................
........
....
......
..............
....................
10 Required
Supplementary
Information
{Unaudited)
Budgetary
Comparison
Schedule
....
.......
.....
........
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.......
................
.....
....
................
...
18 Note
to
Required
Supplementary
Information
.......
....
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.........
.......
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....
....
...
.......
19 Report
on
Internal
Control
Over
Financial
Reporting
and
on
Compliance
and
Other
Matters
Based
on
an
Audit
of
Financial
Statements
Performed
in
Accordance
with
Government
Auditing
Standards
...........................
.....
...............................
. 21
11 of
35 May 20, 2025, Item #4
+ DavisFarr
CERTIFIED PUBLIC ACCOUNTANTS
Davis Farr LLP
18201 Von Karman Avenue I Suite 1100 I Irvine, CA 92612 Main: 949.474.2020 I Fax: 949.263.5520
INDEPENDENT AUDITOR'S REPORT
Poway Housing Authority
City of Poway
Poway, California
Report on the Audit of the Financial Statements
Opinions
We have audited the financial statements of the governmental activities and the major fund of the Poway Housing Authority (the Authority), a component unit of the City of Poway, California, as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents.
In our opinion, the accompanying financial statements present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the Authority as of June 30, 2024, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.
Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Authority and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of a Matter
As described more fully in Note 1, the basic financial statements present only the Authority and are not intended to present fairly the financial position and results of operations of the City of Poway, California in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter.
Responsibilities of Management for the Financial Statements The Authority's management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Authority's ability to continue as a going concern for one year after the date that the financial statements are issued.
12 of 35 1
May 20, 2025, Item #4
Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional om1ss1ons, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control.
Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Authority's ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Budgetary Comparison Schedule be presented to supplement the basic financial statements.
Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
13 of 35 2
May 20, 2025, Item #4
Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. Our opinions on the basic financial statements are not affected by this missing information.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 27, 2024 on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financial reporting and compliance.
Dcwisf°Cl.Yr LLP
Irvine, California
December 27, 2024
14 of 35 3
May 20, 2025, Item #4
BASIC FINANCIAL STATEMENTS
15 of 35
May 20, 2025, Item #4
16 of 35
ASSETS
Poway Housing Authority
Statement of Net Position
June 30, 2024
Cash and investments (Note 2)
Accounts receivable
Due from other governments
Capital assets, nondepreciable (Note 3)
Total assets
LIABILITIES
Accounts payable
Unearned revenue
Total liabilities
NET POSITION
Investment in capital assets
Restricted for:
Housing
Total net position
$
$
Governmental
Activities
5,205,932
13,084
296,242
13,917,824
19,433,082
29,694
7,791
37,485
13,917,824
5,477,773
19,395,597
See accompanying notes to the basic financial statements 4 May 20, 2025, Item #4
Functions/Programs
Governmental activities:
General government
Development services
Total governmental activities
$
$
Poway Housing Authority
Statement of Activities
Year Ended June 30, 2024
Program Revenues
Expenses
9,986
172,191
182,177
Operating
Charges Contributions
for and
Services Grants
274
274
General Revenues
Investment income
Other
Total general revenues
Change in net position
Net position, beginning
Net position, ending
Capital
Contributions
and
Grants
See accompanying notes to the basic financial statements 17 of 35 5
Net (Expense)
Revenue
and
Changes in
Net Position
(9,712)
(172,191)
(181,903)
121,397
96,483
217,880
35,977
19,359,620
$ 19,395,597
May 20, 2025, Item #4
18 of 35
ASSETS
Cash and investments
Accounts receivable
Poway Housing Authority
Balance Sheet
Governmental Fund
June 30, 2024
Due from other governments
Total assets
LIABILITIES AND FUND BALANCE
Liabilities:
Accounts payable
Unearned revenue
Total liabilities
FUND BALANCE
Restricted for housing
Total fund balances
Total liabilities and fund balance
$
$
$
$
See accompanying notes to the basic financial statements 6 5,205,932
13,084
296,242
5,515,258
29,694
7,791
37,485
5,477,773
5,477,773
5,515,258
May 20, 2025, Item #4
Poway Housing Authority
Reconciliation of the Balance Sheet of the
Governmental Fund to the Statement of Net Position
June 30, 2024
Total Governmental Fund Balance
Amounts reported for governmental activities in the Statement of Net Position were different because:
Capital assets used in governmental activities were not current financial resources and, therefore, were not reported in the funds. $ 5,477,773
13,917,824
Net position of governmental activities $ 19,395,597 ============ See accompanying notes to the basic financial statements 19 of 35 7
May 20, 2025, Item #4
20 of 35
Poway Housing Authority
Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund
Year Ended June 30, 2024
REVENUES
Lease revenue $
Investment income
Reimbursement agreement fees
Total revenues
EXPENDITURES
Current:
General government
Development services
Total expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year $
See accompanying notes to the basic financial statements 8 274
121,397
96,483
218,154
9,986
172,191
182,177
35,977
5,441,796
5,477,773
May 20, 2025, Item #4
Poway Housing Authority
Reconciliation of the Statement of Revenues,
Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities
Year Ended June 30, 2024
Net change in fund balance -total governmental fund
Change in net position of governmental activities
See accompanying notes to the basic financial statements 21 of 35 9
$ 35,977
$ 35,977
May 20, 2025, Item #4
POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2024
Note 1 -Reporting Entity and Summary of Significant Accounting Policies The accounting policies of the Poway Housing Authority (Authority} conform to accounting principles generally accepted in the United States of America as applicable to governments. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for governmental accounting and financial reporting principles. The following is a summary of the Authority's significant accounting policies:
A. Description of Reporting Entity
On March 1, 2011, the City Council of the City of Poway declared a need for a housing authority in the City of Poway and adopted a resolution forming the Poway Housing Authority. The creation of the Housing Authority provides the City legal authority to continue monitoring ongoing rent and income compliance at affordable housing developments.
The former Poway Redevelopment Agency (Agency) and the Authority prepared a Cooperation Agreement to provide for implementation of certain low-and moderate-income housing projects and to make payments by the Agency to the Authority for the costs to the Authority for performing its obligations. The Agency was dissolved due to the passage of Assembly Bill Xl 26 which became effective on October 1, 2011. In accordance with Health and Safety code 34175(b}, on February 1, 2012, all housing assets, liabilities and fund balance of the Agency were transferred to the Authority as the Successor Agency to the Poway Redevelopment Agency.
The Authority meets the criteria set forth in U.S. GAAP for inclusion as a blended component unit within the City reporting entity based on the City's oversight responsibility in selection of the governing board.
In addition, all of the Authority's activities are conducted within the geographic boundaries of the City.
Blended component units, although legally separate entities, are, in substance, part of the City's operations; therefore, data from these units are combined with data of the primary government in the financial statement presentation of the City. Only the funds of the Authority are included herein; therefore, these financial statements do not purport to represent the financial position or results of operations of the City.
B. Basis of Accounting/Measurement Focus
The accounts of the Authority are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. 22 of 35 10
May 20, 2025, Item #4
POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2024
Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) Government-Wide Financial Statements
The Authority's Government-Wide Financial Statements include a Statement of Net Position and a Statement of Activities. These statements present summaries of governmental activities for the Authority.
These basic financial statements are presented on an "economic resources" measurement focus and the accrual basis of accounting. Accordingly, all of the Authority's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The Statement of Activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred.
Certain types of transactions are reported as program revenues for the Authority in three categories:
• Charges for services
• Operating grants and contributions
• Capital grants and contributions
Governmental Fund Financial Statements
Governmental fund financial statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for the governmental fund. An accompanying schedule is presented to reconcile and explain the differences in fund balance as presented in these statements to the net position presented in the Government-Wide Financial Statements.
All governmental funds are accounted for on a spending or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balance presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Under modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period.
Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end) are recognized when due. The primary revenue sources, which have been treated as susceptible to accrual by the Authority, are property tax, and intergovernmental revenues. Expenditures are recorded in the accounting period in which the related fund liability is incurred. 23 of 35 11
May 20, 2025, Item #4
POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2024
Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of generally accepted accounting principles.
Fund Accounting
The Authority uses funds to maintain its financial records during the year. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts. The Authority only has one governmental fund.
Governmental Fund
Housing Authority Fund -The Housing Authority Fund is the Authority's operating fund. It accounts for all financial resources of the Authority.
C. Cash and Investments
The Authority's cash and investment balances are included in the City's investment pool. The City pools cash resources from all City funds in order to facilitate the management of cash and achieve the goal of obtaining the highest yield with the greatest safety and least risk. The balance in the pooled cash account is available to meet current operating requirements. Cash in excess of current requirements is invested in various interest-bearing accounts and other investments for varying terms. Investments are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily available.
The City participates in an investment pool managed by the State of California titled Local Agency Investment Fund ("LAIF") which has invested a portion of the pool funds in structured notes and asset backed securities. LAIF determines fair value on its investment portfolio based on market quotations for those securities where market quotations are readily available and based on amortized cost or best estimate for those securities where market value is not readily available. LAIF investments are subject to credit risk with the full faith and credit of the State of California collateralizing these investments. In addition, these investments are subject to market risk and changes in interest rates.
Cash equivalents are considered amounts in demand deposits and short-term investments with a maturity date within three months of the date acquired by the Authority and are presented as "Cash and investments" in the accompanying basic financial statements. 24 of35 12
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Notes
to
the
Basic
Financial
Statements
Year
Ended
June
30,
2024
Note
1-
Reporting
Entity
and
Summary
of
Significant
Accounting
Policies
{Continued)
D.
Capital
Assets
Capital
assets,
which
include
property,
plant,
equipment
and
infrastructure
assets
(e
.g.,
roads,
streets,
sidewalks,
medians
and
storm
drains)
are
reported
in
the
Government-Wide
Financial
Statements
.
Authority
policy
has
set
the
capitalization
threshold
for
reporting
capital
assets
at
$5,000.
Capital
assets
are
valued
at
historical
cost
or
estimated
historical
cost
if
actual
historical
cost
was
not
available
. Donated
assets
are
valued
at
their
estimated
acquisition
value
on
the
date
donated.
Depreciation
is
recorded
on
a straight-line
basis
over
estimated
useful
lives
of
the
assets
as
follows:
Buildings Building
improvements
Furniture
and
equipment
Infrastructure
E.
Deferred
Outflows/In/lows
of
Resources
10-50
years
10-
100
years
5-20
years
20-50
years
In
addition
to
assets,
the
balance
sheet
will
sometimes
report
a separate
section
for
deferred
outflows
of
resources.
This
separate
financial
statement
element,
deferred
outflows
of
resources,
represents
a
consumption
of
net
assets
that
applies
to
future
periods
and
so
will
not
be
recognized
as
an
outflow
of
resources
(expenditure)
until
then.
The
Authority
currently
has
no
items
that
qualify
for
reporting
in
this
category. In
addition
to
liabilities,
the
balance
sheet
will
sometimes
report
a
separate
section
for
deferred
inflows
of
resources.
This
separate
financial
element,
deferred
inflows
of
resources,
represents
an
acquisition
of
net
assets
that
applies
to
future
periods
and
so
will
not
be
recognized
as
an
inflow
of
resources
(revenue)
until
that
time.
The
Authority
currently
has
no
items
that
qualify
for
reporting
in
this
category.
F.
Unearned
Revenue
Unearned
revenues
arise
when
the
government
receives
resources
before
it
has
a
legal
claim
to
them,
as
when
grant
monies
are
received
prior
to
incurring
qualifying
expenditures.
In
subsequent
periods
when
both
revenue
recognition
criteria
are
met
or
when
the
government
has
a legal
claim
to
the
resources,
the
unearned
revenue
is
removed
from
the
balance
sheet
and
revenue
is
recognized
.
25 of
35 13
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Notes
to
the
Basic
Financial
Statements
Year
Ended
June
30,
2024
Note
1 -
Reporting
Entity
and
Summary
of
Significant
Accounting
Policies
(Continued)
G.
Net
Position
Net
position
is
comprised
of
the
various
net
earnings
from
operating
income,
non-operating
revenues
and
expenses.
Net
position
is
classified
in
the
following
categories:
Net
Investment
in
Capital
Assets
-
This
component
of
net
position
consists
of
capital
assets,
net
of
accumulated
depreciation,
reduced
by
the
outstanding
balances
of
debt
that
are
attributable
to
the
acquisition,
construction,
or
improvement
of
those
assets.
Restricted
-
This
component
of
net
position
consists
of
restricted
assets
and
deferred
outflows
of
resources
reduced
by
liabilities
and
deferred
inflows
of
resources
related
to
those
assets.
Unrestricted
-
This
component
of
net
position
is
the
amount
of
the
assets,
deferred
outflows
of
resources,
liabilities,
and
deferred
inflows
of
resources
that
are
not
included
in
the
determination
of
net
investment
in
capital
assets
or
the
restricted
component
of
net
position
.
When
an
expense
is
incurred
for
purposes
for
which
both
restricted
and
unrestricted
net
position
are
available,
the
Authority's
policy
is
to
apply
restricted
net
position
first.
H.
Fund
Balances
In
the
governmental
fund
financial
statements,
fund
balances
are
classified
in
the
following
categories:
Nonspendable
-
Nonspendable
fund
balances
are
items
that
cannot
be
spent
because
they
are
not
in
spendable
form,
such
as
prepaid
items
and
inventories,
items
that
are
legally
or
contractually
required
to
be
maintained
intact,
such
as
principal
of
an
endowment
or
revolving
loan
funds
.
Restricted
-
Restricted
fund
balances
encompass
the
portion
of
net
fund
resources
subject
to
externally
enforceable
legal
restrictions.
This
includes
externally imposed
restrictions
by
creditors,
such
as
through
debt
covenants,
grantors,
contributions,
laws
or
regulations
of
other
governments,
as
well
as
restrictions
imposed
by
law
through
constitutional
provisions
or
enabling
legislation
.
Committed
-
Committed
fund
balances
encompass
the
portion
of
net
fund
resources,
the
use
of
which
is
constrained
by
limitations
that
the
government
imposes
upon
itself
at
its
highest level
of
decision
making,
normally
the
governing
body
through
council
resolutions,
etc.,
and
that
remain
binding
unless
removed
in
the
same
manner.
The
Board
of
Commissioners
is
considered
the
highest
authority
for
the
Authority
.
Assigned
-
Assigned
fund
balances
encompass
the
portion
of
net
fund
resources
reflecting
the
government's
intended
use
of
resources.
Assignment
of
resources
can
be
done
by
the
highest
level
of
decision
making
or
by
a
committee
or
official
designated
for
that
purpose.
The
Board
of
Commissioners
has
authorized
the
Executive
Director
for
that
purpose
.
26 of
35 14
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Notes
to
the
Basic
Financial
Statements
Year
Ended
June
30,
2024
Note
1-
Reporting
Entity
and
Summary
of
Significant
Accounting
Policies
(Continued)
H.
Fund
Balances
(Continued}
Unassigned
-
This
category
is
for
any
remaining
balances
that
are
not
classified
as
nonspendable,
restricted,
committed
or
assigned.
When
expenditures
are
incurred
for
purposes
for
which
both
restricted
and
unrestr
icted
fund
balances
are
available,
the
Authority's
policy
is
to
apply
restricted
fund
balances
first,
then
unrestricted
fund
balances
as
they
are
needed
.
When
expenditures
are
incurred
for
purposes
where
only
unrestricted
fund
balances
are
available,
the
Authority
uses
the
unrestricted
resources
in
the
following
order:
committed,
assigned,
and
unassigned
.
I.
Estimates
The
preparation
of
financial
statements
in
conformity
with
U.S
. GAAP
requires
management
to
make
estimates
and
assumptions
that
affect
certain
reported
amounts
and
disclosures.
Accordingly,
actual
results
could
differ
from
those
estimates.
Note
2 -
Cash
and
Investments
Equity
in
Cash
and
Investment
Pool
of
the
City
of
Poway
The
Authority
does
not
have
a
separate
bank
account;
however,
the
Authority's
cash
and
investments
are
maintained
in
an
investment
pool
managed
by
the
City
.
The
Authority
is
a
voluntary
participant
in
that
pool.
This
pool
is
governed
by
and
under
the
regulatory
oversight
of
the
Investment
Policy
adopted
by
the
City
Council
of
the
City
.
The
Authority
has
not
adopted
an
investment
policy
separate
from
that
of
the
City
.
Note
2 -
Cash
and
Investments
(Continued)
The
fair
value
of
the
Authority's
investment
in
this
pool
is
reported
in
the
accompanying
financial
statements
at
amounts
based
upon
the
Authority's
pro-rata
share
of
the
fair
value
calculated
by
the
City
for
the
entire
City
portfolio
. The
balance
available
for
withdrawal
is
based
on
the
accounting
records
maintained
by
the
City,
which
are
recorded
on
an
original
cost
basis
.
At
June
30,
2024,
the
Authority
had
a
cash
balance
of
$5,205,932
.
27 of
35 15
May 20, 2025, Item #4
Note 3 -Capital Assets
POWAY HOUSING AUTHORITY
Notes to the Basic Financial Statements
Year Ended June 30, 2024
The summary of changes in capital assets for the year ended June 30, 2024 is as follows:
Capital assets, not being
depreciated:
Land
Total capital assets, not being
depreciated
Governmental activities -capital
assets
Note 4 -Related Party Transactions
Balance
June 30, 2023
$ 13,917,824
13,917,824
$ 13,917,824
Additions Deletions
Balance
June 30, 2024
13,917,824
13,917,824
13,917,824
In an effort to ensure that the objectives of Poway's Redevelopment Plan and the Poway Redevelopment Agency's (Agency) 5-Year Implementation Plan are fulfilled, on March 11, 2011, the Agency transferred all housing-related assets to the Authority through a Cooperation Agreement between the Agency and the Authority. Under the terms of this agreement, the Authority agreed to respectively carry out the projects and activities of the Agency in accordance with the objectives and purposes included in the Redevelopment and Implementation Plans. Projects included in the Cooperation Agreement between the Agency and the Authority further the goals of the Redevelopment Plan. It was initially anticipated that these projects would be funded based on available tax increment to be received through 2037, but because of the dissolution of the Agency under AB Xl 26, tax increment revenue has been eliminated, and therefore, no funding for these projects from that source is available.
Future project funding will come from the management of the Authority's assets and may include interest revenue, lease revenue, residual receipt revenue and the sale of assets.
Note 5 -Rehabilitation Loan Program
Housing Rehabilitation Loan Program
There are two types of housing rehabilitation loan. Forgivable rehabilitation loans are forgiven at a rate of 10% per year given all loan covenants are met. Non-forgivable loans are due upon the sale, transfer or foreclosure of the property. Due to the contingent nature of the repayment schedule of these loans, there is an allowance recorded at 100% of the outstanding balance. The balance of the non-forgivable rehabilitation loans at June 30, 2024 is $7,870.
28 of 35 16
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Notes
to
the
Basic
Financial
Statements
Year
Ended
June
30,
2024
Note
5 -
Rehabilitation
Loan
Program
(Continued)
Affordable
Housing
Loans
These
loans
are
made
to
aid
in
the
purchase
of
affordable
housing
in
the
City
of
Poway
. They
are
for
a
45-year
term
with
interest
between
2 percent
and
3 percent
and
if
there
is
a sale,
transfer
or
foreclosure
before
the
end
of
the
term
the
loan
must
be
assumed
by
an
income
qualified
buyer
and
the
45-year
term
starts
over
. Due
to
the
contingent
nature
of
the
repayment
schedule
of
these
loans,
there
is
an
allowance
recorded
at
100%
of
the
outstanding
balance.
The
balance
of
these
Affordable
Housing
loans
at
June
30,
2024
is
$2,117,287.
Development
Loans
The
City,
through
the
Housing
Authority,
has
development
loans
primarily
for
affordable
rental
housing
projects
and
for
one
group
home
for
the
developmentally
disabled.
The
. affordable
rental
housing
loans
have
55-year
to
57-year
terms
with
three
percent
simple
interest.
Loan
payments
are
made
from
residual
receipts
and
generally
do
not
cover
the
annual
accrued
interest.
Therefore,
due
to
the
contingent
nature
of
the
repayment
schedule
of
these
loans,
there
is
an
allowance
recorded
at
100%
of
the
outstanding
balance.
The
balance
of
the
development
loans,
including
accrued
interest,
at
June
30,
2024
is
$41,839,812.
29 of
35 17
May 20, 2025, Item #4
REQUIRED SUPPLEMENTARY INFORMATION
30 of 35
May 20, 2025, Item #4
REVENUES
Lease revenue
Investment income
Reimbursement agreement fees
Total revenues
EXPENDITURES
Current:
General government
Development services
Total expenditures
Excess (deficiency) of revenues
over (under) expenditures
Net change in fund balance
Fund balance, beginning of year
Fund balance, end of year
31 of 35
$
$
POWAY HOUSING AUTHORITY
Budgetary Comparison Schedule
Year Ended June 30, 2024
Budget Amounts
Original Final
7 7
53,080 53,080
40,000 40,000
93,087 93,087
106,400 106,400
55,300 237,509
161,700 343,909
(68,613) (250,822)
(68,613) (250,822)
See note to required supplementary information
18 Actual Variance with
Amounts Final Budget
274 267
121,397 68,317
96,483 56,483
218,154 125,067
9,986 96,414
172,191 65,318
182,177 161,732
35,977 286,799
35,977 286,799
5,441,796
$ 5,477,773
May 20, 2025, Item #4
POWAY
HOUSING
AUTHORITY
Note
to
Required
Supplementary
Information
Year
Ended
June
30,
2024
Note
1-
Budgetary
Information
The
Authority
adopts
an
annual
budget
prepared
on
the
modified
accrual
basis
for
its
major
fund
. The
Executive
Director
is
required
to
prepare
and
submit
to
the
Authority's
Board
of
Commissioners
the
annual
budget
of
the
Authority
and
administer
it
after
adoption.
Any
revisions
that
alter
the
total
appropriations
of
any
fund
must
be
approved
by
the
Board
of
Commissioners.
Prior
year
appropriations
lapse
unless
they
are
encumbered
at
year-end
or
re-appropriated
through
the
formal
budget
process
.
For
the
major
fund,
total
expenditures
may
not
legally
exceed
total
appropriations. Budget
information
is
presented
for
the
major
fund
on
a
basis
consistent
with
generally
accepted
accounting
principles
.
Budgeted
revenue
and
expenditure
amounts
represent
the
original
budget
modified
for
adjustments
during
the
year
.
32 of
35 19
May 20, 2025, Item #4
This
page
intentionally
left
blank
33 of
35 20
May 20, 2025, Item #4
Davis
Farr
LLP
18201
Von
Karman
Ave
nu
e
I Suit
e
1100
I Irvin
e,
CA
92612
Main
: 949.474
.2020
I Fa
x: 94
9.26 3.5520
Report
on
Internal
Control
Over
Financial
Reporting
and
on
Compliance
and
Other
Matters
Based
on
an
Audit
of
Financial
Statements
Performed
in
Accordance
with
Government
Auditing
Standards
Poway
Housing
Authority
City
of
Poway
Poway,
California
INDEPENDENT
AUDITOR'S
REPORT
We
have
audited,
in
accordance
with
the
auditing
standards
generally
accepted
in
the
United
States
of
America
and
the
standards
applicable
to
financial
audits
contained
in
Government
Auditing
Standards
issued
by
the
Comptroller
General
of
the
United
States,
the
financial
statements
of
the
governmental
activities,
and
the
major
fund
of
the
Housing
Authority
of
the
City
of
Poway
(Authority),
a
component
unit
of
the
City
of
Poway
(City),
as
of
and
for
the
year
ended
June
30,
2024,
and
the
related
notes
to
the
financial
statements,
which
collectively
comprise
the
Authority's
basic
financial
statements,
and
have
issued
our
report
thereon
dated
December
27,
2024.
Report
on
Internal
Control
Over
Financial
Reporting
In
planning
and
performing
our
audit
of
the
financial
statements,
we
considered
the
Authority's
internal
control
over
financial
reporting
(internal
control)
as
a
basis
for
designing
the
audit
procedures
that
are
appropriate
in
the
circumstances
for
the
purpose
of
expressing
our
opinion
on
the
financial
statements,
but
not
for
the
purpose
of
expressing
an
opinion
on
the
effectiveness
of
the
Authority's
internal
control.
Accordingly,
we
do
not
express
an
opinion
on
the
effectiveness
of
the
Authority's
internal
control.
A
deficiency
in
internal
control
exists
when
the
design
or
operation
of
a
control
does
not
allow
management
or
employees,
in
the
normal
course
of
performing
their
assigned
functions,
to
prevent,
or
detect
and
correct,
misstatements
on
a
timely
basis.
A
material
weakness
is
a
deficiency,
or
a
combination
of
deficiencies,
in
internal
control,
such
that
there
is
a
reasonable
possibility
that
a
material
misstatement
of
the
entity's
financial
statements
will
not
be
prevented
or
detected
and
corrected
on
a
timely
basis.
A
significant
deficiency
is
a
deficiency,
or
a
combination
of
deficiencies,
in
internal
control
that
is
less
severe
than
a
material
weakness,
yet
important
enough
to
merit
attention
by
those
charged
with
governance.
Our
consideration
of
internal
control
was
for
the
limited
purpose
described
in
the
first
paragraph
of
this
section
and
was
not
designed
to
identify
all
deficiencies
in
internal
control
that
might
be
material
weaknesses
or
significant
deficiencies.
Given
these
limitations,
during
our
audit
we
did
not
identify
any
deficiencies
in
internal
control
that
we
consider
to
be
material
weaknesses.
However,
material
weaknesses
or
significant
deficiencies
may
exist
that
have
not
been
identified.
34 of
35 21
May 20, 2025, Item #4
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Authority's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Irvine, California
December 27, 2024
35 of 35 22
May 20, 2025, Item #5
AGENDA RE PO RT City of Poway
DATE: May 20, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Julie Procopio, Director of Development Service~
CONTACTS: Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
Jeff Beers, Capital Projects Manager
(858) 668-4624 or [email protected]
CITY COUNCIL
SUBJECT: Award of Contract to Quality Construction & Engineering Inc. for the FY 2024-2025 Street Overlay Project; Bid No. 25-01 O
Summary:
This action will award a construction contract for the FY 2024-25 Street Overlay project. The project includes asphalt overlay and/or cold milling and patching on arterial and residential streets in Zone 8.
The City is divided into eight (8) street maintenance zones. The City completes maintenance within each zone in a rotational yearly street maintenance program. The FY 2024-25 Street Overlay project will occur in Zone 8.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the FY 2024-25 Street Overlay project to Quality Construction & Engineering Inc., in the amount of $2,628,512.00 and authorize the City Manager to execute the contract (Attachment A);
2) Appropriate additional funds in the amount of $563,459.48 from the Gas Tax Fund (2110) for construction of the FY 2024-25 Street Overlay Zone 8 project (ST031); and 3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The scope of work includes the asphalt overlay of five (5) residential streets, Casa Court, Evalyn Place, lpai Waaypuk Trail, Rancho Caballo Road, and Rick Street within Street Maintenance Zone 8 (Attachment B). Asphalt patch repairs will be completed on residential streets and arterial streets including Poway Road from west city limits to Community Road, Pomerado Road from Poway Road to south city limit, Scripps Poway Parkway from west city limits to Pomerado Road and Ted Williams Parkway from west city limits to Pomerado Road. Americans with Disabilities Act (ADA) pedestrian 1 of 12
May 20, 2025, Item #5
ramp removal and replacement will be completed on overlayed residential streets and arterial roads.
This work is being coordinated in Zone 8 with the FY 2025-26 Annual Street Maintenance and FY 2025- 26 Citywide Striping projects. Construction is anticipated to start this June and continue through early fall. Nighttime and weekend work will be required during the project to minimize disruptions to traffic.
Bids were opened on April 16, 2025. The following bids were received:
Company Total Bid Amount
Quality Construction & Engineering Inc. $2,628,512.00
Calmex Engineering, Inc $2,987,814.00
Frank and Son Paving Inc $ 3,252,020.54
Palm Engineering Construction $ 3,543,166.82
R.J. Noble Company $3,903,357.00
TC Construction Company, Inc. $ 4,277,038.00
The apparent low bid of $2,628,512.00 submitted by Quality Construction & Engineering Inc. is responsive to, and meets the requirements of, the bid specifications. The contract time for this project is 60 working days with an Engineer's Estimate of $2,107,000. The Engineer's Estimate is based on previous years' street overlay project costs and current market values of construction costs. The higher-than-expected bids for this project can be attributed, in part, to the volatile market conditions, where fluctuating material prices and labor costs have driven up the overall expenses.
Environmental Review:
The proposed asphalt/concrete pavement rehabilitation of existing City streets with the FY 2024-25 Street Overlay project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves maintenance of existing streets with no expansion of use.
Fiscal Impact:
There is $2,350,102.52 available in the FY 2024-25 Street Overlay project account (ST031 ), with project funds coming from the Trans Net Fund 2230. These funds represent a portion of Poway's share of the voter approved regional ½ cent sales tax measure implemented by the San Diego Association of Governments. With the recommended appropriation in the amount of $563,459.48 from the Gas Tax Fund (2110) included in this report, there will be sufficient funds in the project account to cover the construction costs of the project. The budget of $2,913,562.00 will include the cost for the construction contract, 10% construction contingency allowance and materials testing services.
Attachments:
A. Construction Contract
B. Zone 8 Street Overlay Map
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 12
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~~
City Manager
May 20, 2025, Item #5
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
FY
2024-25
Street
Overlay
Zone
8 This
Contract
made
and
entered
into
this
21st
day
of
May
2025,
by
and
between
City
of
Poway,
a
municipal corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
Quality
Construction
&
Engineering
Inc.,
hereinafter
referred
to
as
"Contractor."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.
The
complete
Contract
includes
all
of
the
Contract
Documents,
which
are
incorporated
herein
by
this
reference,
and
include:
a.
This
Contract
b.
Contract
Addenda
c.
Contract
Change
Orders
d.
Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.
Contract
Specifications
f.
Contract
Plans
g.
General
Condition
h.
Special
Conditions
i.
Standard
Specification
for
Public
Works,
most
current
edition
2. The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.
3. Contractor
shall
provide
and
furnish
all
labor,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:
The
FY
2024-2025
Street
Overlay
Zone
8 project
consists
of
asphalt
overlay
of
residential
streets
and
asphalt
cold
milling
and
patching
on
arterial
and
residential
streets
. Pedestrian
ramp
removal
and
replacement
on
residential
and
arterial
streets
are
also
required.
4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
3 of
12 ATTACHMENT
A
May 20, 2025, Item #5
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter set
forth
in
accordance
with
the
Contract
adopted
by
the
City
Council.
5. City agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$2,628,512
.00
the
"Contract
Price
."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions
.
6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
60 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.
7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.
It
is,
therefore,
agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.
If
liquidated
damages
are
not
paid,
as
assessed
by
the
City
, the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City.
By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty.
8. In
accordance
with
State
of
California
Senate
Bill
No.
854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works Contractor
registration
during
the
term
of
this
project.
Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.
9. Contractor
will
pay,
and
will
require
all
subcontractors
to
pay,
all
employees
on
said
Contract
a salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.
Federal
prevailing
wage
rates
apply
for
federally
funded
projects.
Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code§
1773.1.
10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
Contractor
or
by
any
subcontractors
under
Contractor)
less
than
the
prevailing
rate
described
above
on
the
work
provided
for
in
this
Contract.
4 of
12 May 20, 2025, Item #5
11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and§
1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.
Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.
12 .
Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before execution
of
the
Contract.
The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph
."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
14. Contractor
shall,
concurrent with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").
This
Contract shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.
15. a.
Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
5 of
12 performance,
commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.
Contractor
shall
provide
insurance
on
an
occurrence,
not
claims-made
basis.
Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period
.
b.
Contractor
shall
further
procure
and
maintain
at
its own
expense,
until
completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
May 20, 2025, Item #5
6 of 12
injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage, name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be May 20, 2025, Item #5
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.
16. a.
Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.
Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.
Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City. b.
Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.
Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insLJrance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages.
c.
Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.
Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.
Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non-renewal
or
reduction
in
coverage
or limits.
e.
All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
17 .
a.
Contractor
shall
defend,
indemnify
and
hold
harmless
the
City,
its
officers,
7 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for
any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
b.
The
City
does
not,
and
shall
not,
waive
any
rights
that
it may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.
The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
May 20, 2025, Item #5
Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
21. The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.
22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.
24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and 8 of 12
May 20, 2025, Item #5
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work
. The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.
27 .
Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City.
28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705.
30. a.
Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
12 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.
The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.
Subsurface
or
latent
physical
conditions
atthe
site
differing
from
those
indicated
in
the
specifications;
or
iii.
Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.
Pending
a determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.
City
shall
promptly
investigate
the
reported
conditions.
If City,
through
and
in
the
exercise
of
its
sole discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
then
City
shall
issue
a
change
order.
d.
In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
Contractor
's cost
of,
or
time
required
for,
performance
of
any
part
of
the
work,
Contractor
shall
not
be
excused
from
any
scheduled
completion
date,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.
Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
May 20, 2025, Item #5
31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32 .
All
work
shall
be
guaranteed
for
a period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.
Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.
10 of
12 City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
May 20, 2025, Item #5
IN
WITNESS
WHEREOF,
the
said
Contractor
and
the
City
Manager,
City
Clerk
and
City
Attorney
have
caused
the
names
of
said
parties
to
be
affixed
hereto,
the
day
and
year
first
above
written.
Contractor's
Name:
Quality
Construction
&
Engineering
Inc.
Print
Name
of
Construction
Company
By:
----------
Signature
Mohammad
Qahoush Print
Name
Contractor
information:
Address
for
Notices
and
Payments
16870
West
Bernardo
Drive
Suite
400
San
Diego,
CA
92127
Telephone
Number:
858-674-6919x6820
Email:
[email protected]
ATTEST: Carrie
Gallagher,
CMG,
City
Clerk
APPROVED
AS
TO
FORM:
RUTAN
&
TUCKER,
LLP
Alan
Fenstermacher,
City
Attorney
11 of
12 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
May 20, 2025, Item #5
-
Legend Zone
8 Overlay
--
<all
other
values>
Name \\\\\
Overlay
--■
0%
Mill
&
Fill
•
■
■
1 -10%
Mill
&
Fill
i::.
■11•
■
11-
20%
Mill
&
Fill
--
21 -30%
Mill
&
Fill
--
Other
Treatment
-----
!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIF --= --= = = ---- N A
0 6501,300
5,200
■--=::11•-==----=======---
Feet
2,600
3,900
ZONE
8 OVERLAY
PROJECT
MAP
12 of
12 ATTACHMENT
B
May 20, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
May 20, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Chris X. Velasco, Assistant Planner
(858) 668-4618 or [email protected]
CITY COUNCIL
Conditional Use Permit 24-0003, a Request to Expand an Existing Residential Care Facility for the Elderly from Five to 11 Bedrooms at 14203 Midland Road (APN 314-193- 47-00)
Conditional Use Permit (CUP) 24-0003 is a request to increase the capacity of an existing 3,054 square foot Residential Care Facility for the Elderly (RCFE) from five bedrooms to 11 bedrooms. To accommodate the increase in bedrooms, the request includes a 1,299 square foot addition and a 792 square foot garage conversion which will increase the existing garage roof height by two feet. The project includes improvements to the parking lot, landscaping and exterior lighting. The project site is located at 14203 Midland Road within the Residential Single-Family 2 (RS-2) and Rural Residential C (RR-C) zone in the Old Poway Specific Plan (OPSP) area. The garage conversion and residential addition are both occurring within the RS-2 zone. An RCFE serving up to 15 residents is allowed in the RS-2 zone with the approval of a CUP.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the attached Resolution (Attachment A) approving CUP 24-0003.
Discussion:
Background
The applicant and property owner is Terry A. Wery, Administrator of Parkview Gardens Assisted Living (Applicant). The subject property is located at 14203 Midland Road, within RS-2 and a small portion of the RR-C zone. A zoning map is included as Attachment B, and a location map is included as Attachment C. The existing facility was converted from a single-family dwelling to a RCFE with five bedrooms in 2011. The existing facility contains 3,054 square feet of habitable space and a 792 square foot attached three-car garage. The facility has five bedrooms, one kitchen, one administrative office and three bathrooms. The current facility contains an unmarked gravel parking lot, and concrete which leads to the attached garage. The facility has an open-air courtyard along the southeasterly 1 of 25
May 20, 2025, Item #6
corner
of
the
property
. Landscaping
provides
some
shade
and
privacy
for
the
courtyard.
Access
to
the
RCFE
is
available
via
a gated
walkway
along
Midland
Road
and
from
the
eastern
parking
lot
via
Aubrey
Street.
Figure
1 below
shows
the
split
zoned
parcel
:
Figure
1 -
Zoning
Map
(RR-C
and
RS-2)
Development
Requirement
of
the
Underlying
Subdivision
Map
The
underlying
Subdivision
Map
No.
15602
requires
the
placement
and
design
of
future
homes
and
landscaping
on
lots
within
the
subdivision
to
minimize
the
obstruction
of
views
from
Midland
Road
of
the
historic
Victorian
house
at
13624
Aubrey
Street,
known
as
the
Plaisted
House.
In
November
2009,
the
City
Council
approved
Minor
Development
Review
Application
(MORA)
09-019
which
identifies
the
limits
of
the
view
corridor
over
portions
of
lots
3,
4,
and
5 from
the
intersection
of
Midland
Road
and
Aubrey
Street
to
the
Plaisted
House.
The
existing
RCFE
and
the
proposed
addition
do
not
encroach
into
the
established
view
corridor
as
shown
on
the
proposed
site
plan
(Attachment
A,
Exhibit
A).
The
proposed
development
is
consistent
with
all
OPSP
development
standards,
including
the
underlying
subdivision
map
requirements
and
the
established
view
corridor.
Authority Pursuant
to
Section
17.08.100
of
the
Poway
Municipal
Code
(PMC),
an
RCFE
licensed
by
the
State
of
California
for
seven
to
15 residents
is
permitted
within
the
RS-2
zone
with
the
approval
of
a CUP.
While
the
current
municipal
code
requires
a
CUP,
per
the
City
of
Poway
Housing
Element,
adopted
in
April
2024,
the
city
will
be
updating
the
code
to
require
a
Development
Review
permit
rather
than
a CUP
to
comply
with
State
law.
Proposal Approval
of
this
CUP
will
authorize
the
Applicant
to
pursue
state
licensing
and
increased
capacity
for
the
existing
RCFE
to
11 bedrooms,
a 792
square
foot
garage
conversion
to
habitable
space
and
a 1,299
square
foot
residential
addition.
The
floor
plan
and
demolition
plan
are
shown
in
Attachment
D.
The
facility
will
provide
24-hour
basic
needs
assistance
for
the
elderly
including
meal
preparation,
bathing,
dressing,
grooming,
monitoring
of
medications
and
laundry.
Eleven
bedrooms
are
proposed
with
four
bedrooms
designed
to
accommodate
two
residents.
A
total
of
15 will
be
served
. Staffing
for
the
facility
will
be
provided
on
a
rotating
shift
basis,
with
a
maximum
of
two
employees
scheduled
during
peak
work
hours.
The
proposed
facility
will
include
11 bedrooms
and
seven
bathrooms
. The
proposal
also
2 of
25 May 20, 2025, Item #6
includes enlargements to the existing kitchen and communal living areas. The proposal includes a new entryway and a private outdoor courtyard area for the residents. The proposed facility expansion is compatible with all applicable development standards established in both the OPSP and PMC.
The project is located on the east side of Midland Road and north of Aubrey Street. The proposed RCFE expansion will be compatible with the surrounding land uses, which include three other RCFEs to the east and to the north of the development site. CUPs for two neighboring properties were approved by the City Council for 15 resident RCFE capacities in 2017. The existing RCFE and neighboring RCFEs have been in operation for several years and no complaints concerning the uses have been expressed or presented. Table 1 below describes adjacent and neighboring land uses:
Table 1 -Surrounding Uses
Direction Land Use Designation Current Land Use
1 North
1 East
/south-
West
RS-2
, RS-2
----·--
Commercial General --
Open Space-
Recreational
Poway Municipal Code Development Standards
Senior Living Facility_
T~o Assisted Living ~a_cilitie~ _
Animal Clinic
Old Poway Train Barn
The subject property contains split zoning. The majority of the property is zoned RS-2, with a small portion of the parcel zoned RR-C. The PMC allows Residential Care Facilities in all Residential Single Family (RS) zones. Pursuant to PMC 17.08.160, the existing facility, the addition and the garage conversion are in compliance with the RS-2 development standards.
Table 2 -Development Standards
Development Standard Required Existing Proposed Conforms RS-2
Front Yard Setback 30.0 feet 82.5 feet 82.5 feet I Yes
Side Yard Setback 15.0 feet 15.0 feet 15.0 feet I Yes
Street Side Yard Setback 15.0 feet 20.0 feet 20.0 feet Yes Rear Yard Setback I 40.0 feet 123.8 feet 108.8 feet Yes - RR-C
I I Front Yard Setback I 40.0 feet 82.5 feet 82.5 feet 1 Yes ---!_
Maximum Height I
RS-2 and RR-C I 35.0 feet 21.0 feet 17.8 feet , Yes
I
---
Maximum Lot Area r-I
Cover~ge 35% 18.2% 24.3%
1 Yes --
Pa!ki~g Spaces Required I 5 spaces .l 3 spaces 8 spaces Yes The PMC does not have a parking standard for a RCFE. A convalescent home is a use classification similar to a RCFE. The parking standard for a convalescent home per PMC 17.42.030 is one space per four beds and parking to accommodate staff members during the peak operations. Based on the proposed eleven bed maximum and two employees during peak operations, five parking spots are required. The project includes eight parking spots along the eastern property line. Therefore, the proposed use is in compliance with PMC parking requirements. 3 of 25
May 20, 2025, Item #6
Table 3 -PMC 17.42.030 Parking Requirement for Convalescent Home PMC Required Parking Proposed Variables Required Parking 1 Parking Space Per 4 Beds
!--I --i
11 Beds
1 Parking Space Per Staff Member I 2 Staff
Total Required Parking
Proposed Parking
Old Poway Specific Plan
3 Parking Spaces
2 Parking Spaces
5 Parking Spaces
8 Parking Spaces
The subject property is located within the Old Poway Specific Plan (OPSP) area, where special architectural design standards reminiscent of the late 19th and early 20th century are mandatory. The OPSP requires buildings be designed to be consistent with one of three architectural styles: Stick Victorian, Pioneer Farmhouse or Craftsman Bungalow. The proposed RCFE has been designated to be consistent with Pioneer Farmhouse style architecture (Attachment E). The existing facility utilizes siding, decorative roof features with window facades and a wraparound covered patio (Attachment F). All exterior materials simulate wooden features, painted a light yellow with white trim, green fascia and dark grey asphalt shingles. The proposed expansion will increase patio space along the southern exterior of the structure and match the existing materials and design.
Neighborhood Meeting
A neighborhood meeting was held on January 9, 2025 to share details about the proposed project.
Notices were mailed to 168 property owners and tenants withing 500 feet of the project area. Four neighboring property owners attended the meeting and discussed the proposal. One property owner voiced concern regarding the two-foot increase to the garage conversion. Current zoning standards in RS-2 and RR-Callow a 35-foot maximum building height. The existing facility height is 21.0 feet and the attached garage is 15.9 feet. The proposed height for the garage conversion is 17.8 feet and 15.3 feet for the addition.
Environmental Review:
The project is Categorically Exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA) Guidelines in that the project consists of 1,299 square foot residential addition and a 792 square foot remodel of an existing garage to habitable space.
Fiscal Impact
There is no direct fiscal impact associated with the recommended action. Once the addition and garage conversion are completed, the associated property will add unspecified new property tax revenue for Poway's share of this revenue to be deposited into the City's General Fund.
Public Notification:
A public notice was published in the May 9, 2025 edition of the San Diego Union-Tribune and notice of public hearing letters were mailed to 128 property owners and occupants located within 500 feet of the project site.
4 of 25
May 20, 2025, Item #6
Attachments: A.
Resolution
B.
Zoning
Map
C.
Location
Map
D.
Proposed
Floor
Plan
E.
Proposed
Elevations
&
Architecture
F.
Existing
Elevation
G.
Plaisted
House
Photograph
Reviewed/Approved
By:
Wendy
Kaserman
Assistant
City
Manager
5 of
25 Reviewed
By:
Alan
Fenstermacher
City
Attorney
May 20, 2025, Item #6
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT (CUP) 24-0003, ASSESSOR'S PARCEL NUMBER 314-
193-47-00
WHEREAS, an application was submitted by Terry A Wery to expand the use of an existing Residential Care Facility for the Elderly (RCFE) from five bedrooms to 11 bedrooms by converting a 792 square-foot garage to habitable space and adding 1,299 square feet of habitable space on a 0.59-acre property located at 14203 Midland Road within the Residential Single Family 2 (RS-2) and Rural Residential-C (RR-C) zones;
WHEREAS, on January 9, 2025, the applicant held a neighborhood meeting to receive feedback and comments from the public, both for and against, relative to this application; and WHEREAS, on May 20, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, in that the project consists of a 1,299 square foot residential addition and a 792 square foot remodel of an existing garage to habitable space.
SECTION 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 24-0003 are made as follows:
A The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of PMC Chapter 17.48 (Conditional Use Permits Regulations), the General Plan and the development policies and standards of the City in that a RCFE for seven to 15 residents is permitted in the RS-2 zone with the approval of a CUP.
B. The location, size, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, or be materially detrimental to, adjacent uses, people, buildings, structures, or natural resources in that it is anticipated that the RCFE will be a quiet, low traffic generating use and shall be compatible with the surrounding residential and commercial development. Adequate onsite parking will be provided to serve the use.
C. The proposed use is in harmony and consistency with the scale, bulk, coverage and density of the surrounding residential and commercial developments. The project has been designed to comply with all zoning and development standards, including setbacks, building height and lot coverage.
D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use.
E. There will be no harmful effects upon desirable neighborhood characteristics. The RCFE 6 of 25 ATTACHMENT A
May 20, 2025, Item #6
Resolution No. 25-