Agenda packet — Poway City Council, June 3, 2025 (part 1 of 4)

AG EN DA Poway City Council
Council Ch amber I 13325 Civic Center Drive I Poway, CA I 92064 June 3, 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.

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

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

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

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

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

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

Steve Vaus
Mayor
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:

Neighborhood Watch Program Presentation
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brough t forward by the genera l public for comment; however , the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

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

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

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

2. Approval of the March 18, 2025 Regular City Council Meeting Minutes

3. Award of Agreement to AARC Consultants, LLC for the 2025 Risk and Resilience Assessment and Update to Water System Emergency Response Plan, RFP No. 25-013

4. Approval of City of Poway's 2025-2026 Annual Water Supply and Demand Assessment

5. Award of Agreement to Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 25-015

6. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 19-1 for Fiscal Year 2025-26 and Set Date for Public Hearing

7. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 83-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
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8. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-1 for Fiscal Year 2025-26 and Set Date for Public Hearing

9. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-2 for Fiscal Year 2025-26 and Set Date for Public Hearing

10. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-3 for Fiscal Year 2025-26 and Set Date for Public Hearing

11. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 87-1 for Fiscal Year 2025-26 and Set Date for Public Hearing

12. Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Lighting District for Fiscal Year 2025-26 and Set Date for Public Hearing

13. Acceptance of the FY 2023-24 Americans with Disabilities (ADA) Barrier Removal - Community Park Project with LC Paving & Sealing, Inc., as Complete

14. City's Investment Report as of March 31, 2025
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:

15. Resolution for Solid Waste/Recycling Collection Service Rate Increases City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, adopt the Resolution and rescind Resolution 20-034 if a majority protest does not exist.

STAFF REPORTS:

16. Implementation of the Poway Center for the Performing Arts Operational Analysis and Fee Study conducted by Webb Management
City Manager's Recommendation: It is recommended the City Council: 1) Receive and file the Poway Center for the Performing Arts Operational Analysis and Fee Study; 2) Authorize the City Manager, in collaboration with the City Council PCPA Subcommittee, to negotiate and execute a new agreement with Poway OnStage to provide a professional performance season, arts education programming, and fundraising for capital improvement projects; 3) Direct staff to include recommended operational changes in the Fiscal Year (FY) 2025-26 budget proposal, to include personnel changes and a marketing consultant contract; and 4) Direct staff to include annual rental fee increases as part of the City-wide fee study. 3 of 4 Regular City Council Meeting June 3, 2025
WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

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

State of California
County of San Diego
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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 27, 2025.

Said meeting to be held at 7:00 p.m., June 3, 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.

Carrie Gallagher, CMC, City Clerk
4 of 4 Regular City Council Meeting June 3, 2025
June 3, 2025, Item #2
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

June 3, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]

CITY COUNCIL
SUBJECT: Approval of the March 18, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• March 18, 2025 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.

Recommended Action:

It is recommended the City Council approve the March 18, 2025 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. March 18, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
✓~:if. ~
WerH:laserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
e
City Manager
June 3, 2025, Item #2

ATTACHMENT A

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
March 18, 2025
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:

Mayor Vaus called the Regular Meeting to order at 7:00 p.m.

ROLL CALL:

Present: Tony Blain, Jenny Maeda, Christopher J. Pikus, Peter De Hoff, Steve Vaus STAFF MEMBERS PRESENT:

City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Claudia Delgado, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.)
PLEDGE OF ALLEGIANCE:

Deputy Mayor De Hoff led the Pledge of Allegiance.

MOMENT OF SILENCE:

Mayor Vaus led a moment of silence.

PRESENTATIONS:

None.

PUBLIC COMMENT:

Karen Boyle requested the installation of a water station and warning signs relating to dog safety at the Iron Mountain Trail Head.
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City of Poway -Minutes -March 18, 2025
Joe St. Lucas spoke in support of the newly installed shade structures at Adobe Ridge Park and commented on Global Recycling Day.

Anita Anders spoke in support of City Management, she presented the City with a gift from the Blue-Orange map collection which included a personal description of Poway.

Dale Davis provided updates on fire prevention efforts and called attention to fire risks.

Anita Edmondson spoke regarding Councilmember Blain's conduct and announced efforts to recall the councilmember.

John Couvrette spoke regarding Councilmember Blain's conduct and announced efforts to recall him.

John Mullin spoke regarding Councilmember Blain's poor behavior and announced efforts to recall the councilmember.

Vanessa Springett spoke regarding Councilmember Blain's conduct and called for his resignation.

Chris Cruse commented on pre-development conferences between the City and developers.

Frida Brunzel/ commented on her efforts to recall Deputy Mayor De Hoff.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Councilmember Pikus to approve Consent Calendar Items 1 through 6. Motion carried 5/0 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None

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

2. Adoption of Resolution No. 25-004, Authorizing the Award of Agreement to Roof Construction Chambers Inc. for Public Facilities Renovation Roofing Replacement at the Nelson House in Old Poway Park, and Transfer of Funds

3. Award of Agreement to UniFirst Corporation for Uniform, Laundering and Related Services Utilizing Sourcewell Cooperative Purchasing Program Contract No. 011124

4. Acceptance of the Poway Road Safety Improvements Project with DBX, Inc., as Complete

5. Adoption of Resolution No. 25-005, Approving Minor Personnel Adjustments in the Department of Development Services

6. General Plan Implementation Annual Progress Report for 2024 3 of 7
June 3, 2025, Item #2
City of Poway -Minutes -March 18, 2025
ORDINANCES FOR INTRODUCTION:

None.

PUBLIC HEARINGS:

None.

STAFF REPORTS:

7. Appointments to the Budget Review Committee and Parks and Recreation Advisory Committee
Mayor Vaus presented the item.

He noted the following nominations to serve on the Budget Review Committee:

Mayor Vaus selected:

Phil Rath -One Year Term
Deputy Mayor De Hoff selected:

Steven Bauman -Two Year Term
Councilmember Maeda selected:

Chris Olps -Two Year Term
Councilmember Pikus selected:

Alec Huettinger -Two Year Term
The following individuals were nominated to serve on the Parks and Recreation Advisory Committee:

Mayor Vaus selected:

Sherry Bravo -Two Year Term
Deputy Mayor De Hoff selected:

Nick Carruthers -Two Year Term
Councilmember Blain selected:

Janice Schock-Two Year Term
Councilmember Maeda selected:

Juliet Vasel-Phillips -Two Year Term
Councilmember Pikus selected:

Gregg Brandalise -Two Year Term
Public Comment:

None.
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June 3, 2025, Item #2
City of Poway-Minutes -March 18, 2025
End of Public Comment.

Council discussion ensued. Council thanked the applicants, noting the number and quality of applications submitted for both committees.

Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to 1) appoint Steven Bauman, Chris Olps and Alec Huettinger to each serve two-year terms and Phil Rath to serve a one-year term on the Budget Review Committee; and 2) appoint Sherry Bravo, Nick Carruthers, Janice Schock, Juliet Vasel-Phillips and Gregg Brandalise to each serve two-year terms on the Parks and Recreation Advisory Committee. Motion carried 5/0 by the following vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None

8. City Council Waiver of Privilege Re Communications with Councilmember Blain regarding Remote Meeting Participation
City Attorney Alan Fenstermacher presented the item. Mr. Fenstermacher stated the item is a consideration and recommendation to waive privilege of certain emails. He explained the emails in question have been provided privately to City Council for review, and if the waiver is approved, an index of the emails will be publicly posted on the website and released.

Mr. Fenstermacher briefly discussed the nature of the privileged emails, explaining the communications are between the City Attorney's office and Councilmember Blain regarding remote participation in City Council meetings in the event of an Army deployment. He added, the City Attorney's Office responded to the Councilmember's questions and discussed the rules for remote participation as established by California Government Code (the Brown Act).

Some of those privileged email communications were made public on Councilmember Blain's website, claiming the City Attorney and City Council were attempting to remove Councilmember Blain from Council due to his deployment.

Mr. Fenstermacher noted requests from Council, including Councilmember Blain, to agendize this item and to consider the waiver, he stated the City Attorney's office supports the recommendation. He cautioned discussion of the email contents stating discussion should not proceed without Council's explicit approval to waive privilege.

Mr. Fenstermacher noted attorney-client privilege is joint and held collectively by City Council, and no individual councilmember can waive privilege or release privileged information without the majority approval of Council.

Public Comment:

None.

End of Public Comment.
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City of Poway -Minutes -March 18, 2025
Council discussion ensued. Councilmember Blain stated he did not make the request to release the emails. Council noted they did not find any evidence to substantiate accusations made by Mr. Blain in the emails. Discussion ensued about the value of attorney-client privilege and the importance of maintaining its protection.

Council further addressed the conduct of Councilmember Blain, citing instances of threats and intimidation directed at City staff and fellow Councilmembers, along with repeated violations of the City's Code of Ethics, Municipal Code, and the Brown Act.

Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to waive attorney-client privilege regarding all communications between Councilmember Blain and the City Attorney's office regarding remote appearances at City Council meetings, and for all communication between Councilmember Blain and the City Attorney's office that occurred on March 11, 2025 as described in the staff report and associated index attached to the staff report. Motion carried 4/1 by the following vote:

Ayes: Maeda, Pikus, De Hoff, Vaus
Noes: Blain
Abstained: None

Absent: None
Disqualified: None
WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d))
Councilmember Blain discussed local volunteering opportunities.

I
Councilmember Pikus announced the upcoming 'Sweep the Trails' volunteer event tentatively scheduled for Saturday, May 17, 2025. The volunteer event is an opportunity for the community to clean and maintain Poway's trails.

Mayor Vaus announced upcoming City events including the Poway Chamber of Commerce 12th Annual Mickey Cafagna Golf Tournament to be held on April 4, 2025 and the Poway Firefighters Foundation Charity Golf Tournament taking place on April 7, 2025.

CITY MANAGER ITEMS:

None.

CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
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City of Poway -Minutes -March 18, 2025
CLOSED SESSION:

9. City Conference Involving a Joint Powers Agency (Metro Wastewater Joint Powers Authority) Conference with Legal Counsel -Significant Exposure to Litigation (Gov. Code 54956.9(d)(2)) -One potential matter
Name of Local Agency Representative on Joint Powers Agency Board: Councilmember Peter De Hoff
Other Attendees: City Manager, City Attorney, Counsel for Metro Wastewater Joint Powers Authority

10. Public Employee Performance Evaluation -Government Code §54957(b)(1) Title: City Attorney

11. Public Employee Performance Evaluation -Government Code §54957(b)(1) Title: City Manager
Mayor Vaus requested Councilmember Blain recuse himself from participating in Items #10 and #11, citing prior comments and actions directed at the employees under evaluation. Mr.

Blain declined the request.

ADJOURNMENT:

Mayor Vaus recessed the Regular City Council meeting into Closed Session at 8:08 p.m.

The meeting was adjourned at 10:10 p.m.
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Carrie Gallagher, CMC
City Clerk
City of Poway, California
June 3, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
June 3, 2025
Honorable Mayor and Members of the City Cot.~t
Eric Heidemann, Director of Public Works 1
Carlos Cortes, Utilities Administrator C4)/
(858) 668-4703 or [email protected]

CITY COUNCIL
Award of Agreement to AARC Consultants, LLC for the 2025 Risk and Resilience Assessment and Update to Water System Emergency Response Plan, RFP No. 25-013 A request for proposal (RFP) for the Risk and Resilience Assessment (RRA) and Update to the Water System Emergency Response Plan (ERP), RFP No. 25-013, was duly advertised on March 27 and April 3, 2025. Five (5) proposals were received on April 24, 2025. Staff reviewed the proposals submitted and selected AARC Consultants, LLC (AARC) as the consulting firm to provide the services to complete the RRA and ERP for the City of Poway (City). Staff determined AARC best meets the evaluation criteria and suits the needs of the City. The length of this Agreement shall be two (2) years beginning on June 4, 2025, through May 31, 2027. The Agreement may be extended through a total of two (2) separate one-year terms, if the Environmental Protection Agency (EPA) requests any changes to the submitted RRA and ERP.

Recommended Action:

It is recommended City Council award the Agreement for the Risk and Resilience Assessment and Update to the Water System Emergency Response Plan, RFP No. 25-013, to AARC Consultants, LLC and authorize the City Manager to execute the necessary documents.

Discussion:

America's Water Infrastructure Act (AWIA) Section 2013 was signed into federal law as an unfunded mandate on October 23, 2018, amending Section 1433 of the Safe Drinking Water Act (SDWA), to strengthen the ability of public water systems nationwide to respond to malevolent acts, natural hazards, system failures and other public health incidents. AWIA Section 2013 requires community (drinking) water systems serving more than 3,300 people to develop RRAs and ERPs and to update them every five years. The law specifies the components that the RRAs and ERPs must address, and establishes deadlines by which water systems must initiaJly certify and re-certify to the EPA upon submission of required documents.
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June 3, 2025, Item #3
Specifically, Section 1433 of the SDWA as amended by section 2013 of the AWIA requires RRA to include:
• Risks to the system from malevolent acts and natural hazards; • Resilience of the system components, processes and facilities; • The financial infrastructure of the system;
• The use, storage, or handling of various chemicals by the system; and • The operation and maintenance of the system.

Whereas, the ERP is required to include:
• Physical security and cybersecurity strategies;
• Protocols and equipment if delivery of Poway's safe drinking water is threatened; • Actions, procedures and equipment which can lessen the impact of threats to public health and safety, including system design and engineering options; and • Detection of malevolent acts or natural hazards.

The City's deadlines for certification of the 2025 five-year updates are June 30, 2026, for the RRA and December 31, 2026, for the ERP. Additionally, the ERP should be certified no later than six months after the RRA to incorporate the findings of the RRA. Once the RRA and ERP are updated, a certification of completion must be sent to the EPA by the scheduled deadlines.

City staff prepared a detailed RFP to select and retain a qualified consultant to support the update of both the RRA and ERP, and meet EPA requirements and timelines. The RFP was advertised on March 27 and April 3, 2025. The City received five (5) proposals on April 24, 2025. An evaluation committee consisting of staff from the Department of Public Works reviewed the proposals based on criteria set forth in the RFP, which included thoroughness of the proposal, firm and project team qualifications, project understanding and approach, and prior relevant experience. Although cost was also a criteria factor, based on this type of service, the City is not required to select the lowest bidder.

The table below shows the not-to-exceed amounts from the responsive proposers:

Table 1: RFP 25-013, Risk and Resilience Assessment and Emergency Response Plan Update Responsive Proposers
Proposer City Total Fee
AARC Consultants, LLC Orange,CA $71,457
Claris Strategy Inc. Arcadia, CA $139,057
Hazen and Sawyer San Diego, CA $121,270
IMEG Consultants Corp. San Antonio, TX $48,743
Prestige Analytics, Inc. San Diego, CA $52,390
As a result of the proposal evaluation, the evaluation committee determined MRC was the most qualified and experienced, provided the most comprehensive and best-value proposal, had a clear understanding of requirements, and precisely defined the approach and methodology to achieve compliance with the AWIA requirements.

Additionally, MRC was the consultant who prepared and submitted the City's 2020 RRA and ERP. Due to their experience with the City's water system and distinct risk and resilience characteristics, MRC is positioned to provide unique insight into the project. MRC has extensive experience preparing RRAs and ERPs for over 30 municipal clients in California and has a regional office in Orange, California. 2 of27
June 3, 2025, Item #3
Following the internal selection of MRC for this project, staff requested minor scope revisions from the Consultant to remove certain elements not required by the EPA and to account for new internal assessments nearing completion. These scope adjustments decreased the final fee proposal from the initial submission of $81,434 to $71,457.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 Utility Systems Operations and Maintenance budget (401060-41200) for these services. The City proactively plans for required regulatory updates as part of the budget development process.

Public Notification:

None.

Attachments:

A Standard Agreement
Reviewed/Approved By:
~1Gl =---------
wendaserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~ Chris Hazeltine
City Manager
June 3, 2025, Item #3
City of Poway

STANDARD AGREEMENT FOR SERVICES
This AGREEMENT, entered into this 4th day of June, 2025, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and AARC CONSULTANTS, LLC, (hereinafter referred to as "CONSUL TANT").

RECITALS
WHEREAS, CITY desires to obtain the services of a qualified and licensed consultant to conduct the Risk and Resilience Assessment and Update the Emergency Response Plan for the City's Water System in compliance with Section 2013 of the America's Water Infrastructure Act of 2018 (AWIA), and to conduct any related emergency response training (PROJECT); WHEREAS, CONSULTANT is a(n) specialized and certified environmental, health, and safety engineering consultant and has represented that CONSUL TANT possesses the necessary qualifications to provide such services; and
WHEREAS, CITY has authorized the preparation of an AGREEMENT to retain the services of CONSUL TANT as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement 4of27 ATTACHMENT A
June 3, 2025, Item #3
or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests' conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the 5 of27
June 3, 2025, Item #3
Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

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

No disclosure required.

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

Eric Heidemann, Director of Public Works

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.
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June 3, 2025, Item #3

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

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

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

14. Consultant's Insurance.

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

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For 7 of27
June 3, 2025, Item #3
Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers.
(d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15 (a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance of its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to City projects.
8 of27
June 3, 2025, Item #3
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Consultant
by
giving
oral
or
written
notice
to
Consultant
to
such
effect.

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

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

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

This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California.

Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto
. Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.

Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
Section
394
. The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
an
·d
any
other
fees.

Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation expenses.

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

22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.

Documents
delivered
by
electronic
transmission
shall
be
valid
and
binding
.

23. Entire
Agreement.

This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.

No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it
is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
9 of27
June 3, 2025, Item #3

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

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

Consultant further provides that in the event Consultant 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, Consultant 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 Consultant to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank.)
10 of27
June 3, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this AGREEMENT on the date first above written.

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

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

By: ___________ _
Alan Fenstermacher, City Attorney
11 of27

AARC CONSULTANTS, LLC
By: ___________ _
Rick Chaninani, President
June 3, 2025, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of updating the City's existing Risk and Resilience Assessment and Emergency Response Plan and conducting an Emergency Response Training exercise as further described in the Scope of Services submitted with the proposals dated April 24, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.

Consultant shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposal, which is included in this document as Attachment 2. Total fee is not to exceed $71,457.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

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

C. Term of Agreement.

This Agreement shall be effective from the period commencing June 4, 2025, and ending May 31, 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 additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
12 of 27
June 3, 2025, Item #3
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

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

3. Insurance Certificates:

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

E. Notices.

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

To City:

To Consultant:
13 of27
City of Poway
Department of Public Works -Utilities
P.O. Box 789
Poway, CA 92074
AARC Consultants, Inc.
2000 W. Sam Houston, Pkwy. Ste. 850
Houston, TX 77042
June 3, 2025, Item #3
ATTACHMENT 1
Consultant's Proposed Scope of Work:

Scope of Work
Task 1 -Preliminary Review and Project Kickoff

1.1. Conduct Kickoff Meeting and Schedule Project Update Meetings A kickoff meeting will be convened, setting the foundation for project success by aligning all stakeholders on objectives, scope, roles, and expectations. It includes introductions, an overview of project goals, key milestones, timelines, and deliverables. The team discusses communication protocols, potential risks, and next steps to ensure a smooth project launch. The meeting fosters collaboration, clarifies responsibilities, and establishes a shared understanding of success criteria.

1.2. Review Existing Information
The RRA begins with a comprehensive review of the City's existing documentation to ensure a complete understanding of the current state of resilience. This includes:
• Reports and plans currently in place, including the existing RRA and ERP documents. • Supporting materials such as policies, procedures, and any prior assessments that provide context.

This step sets the foundation for understanding the City's existing infrastructure, strategies, and potential gaps in risk mitigation. Our approach to conducting the RRA leverages the seven-step J100 framework to deliver a comprehensive evaluation of the City's vulnerabilities, risks, and resilience for both the water system.

MR&
Consul\anls LLC
14 of 27
Your Partner in Emergency Management,
Resiliency, Adaptation, and Action Planning Page 135
June 3, 2025, Item #3
(1)
Asset
Characterization
(2)
Threat
Characterization
(3)
Consequence
Analysis
(4)
Vulnerability
Analysis
(5)
Threat
Analysis
(6)
Risk/Resilience
Analysis
I (7)
Risk/Resilience
Management
t----
What
are
the
organization's
main
missions/functions?
What
assets
are
critical
to
canying
out
these
missions/functions?
Rank
critical
assets.

What
reference
threats
could
disrupt
the
mission/function
of
the
critical
t----
assets,
assuming
the
worst
reasonable
case?
Which
threats
should
be
added
for
local
conditions?
Rank
the
threat-asset
combinations
and
select
the
highest
ranked
pairs
to
include
in
the
rest
of
the
analysis.

What
happens
to
my
critical
asset
if a threat
occurs?
How
much
will
___
service
demand
be
denied,
financial
loss,
how
many
fatalities
and
major
injuries,
and
other
negative
impacts?
What
is
the
economic
and
human
impact
on
the
region?
What
vulnerabilities
would
allow
a threat
to
cause
these
consequences?
---
Given
the
incident
and
asset,
what
is
the
likelihood
of
the
estimated
consequences?
t----
What
is
the
likelihood
that
a
threat
{malevolent,
natural
hazard,
or
dependency/proximity
hazard)
will
impact
my
asset?
Other
assets?
What
are
the
risks
to
the
utility
and
region,
respectively?
Risk=
((Threat,
Vulnerability,
Consequences)
Where
risks
will
include
at
least:
• Service
denial
• Human
impacts
(fatality/
serious
injury)
• Financial
loss
to
utility
• Economic
impact
on
the
region
• Combined
risk
to
the
utility
• Combined
risk
to
the
region
Which
of
these
risk
levels
are
most
unacceptable?
What
options
will
reduce
risks
and
increase
resilience?
How
much
will
each
option
.,._
__
.,
benefit
the
utility
and
the
region?
How
much
will
ii cost?
What
is
the
net
benefit
of
each
option?
Which
should
be
implemented?
How
well
are
the
implemented
options
reducing
risk
or
increasing
resilience?
Which
options
should
be
continued,
terminated
or
redirected?
Tile
Seven-
St
ep
J100
Process
(AWWA,
2021)
Deliverabl
es for
Tas
k 1
•
Kickoff
Meeting
Presentation:

Develop
and
deliver
a presentation
outlining
project
objectives,
scope,
methodology,
key
milestones,
and
stakeholder
roles
.

Task
2 -Conduct
a Ris
k and
Resili
ence
Ass
essmen
t (RRA)

2.1. Perform
Site
Visits,
Workshops,
and
Interviews
Following
the
document
review,
we
will
conduct
an
in-person
site
visit
followed
by
workshops
and
interviews
with
key
stakeholders.

The
workshops
will
focus
on
identifying
critical
system
components,
potential
vulnerabilities,
and
the
greatest
threats.

The
process
will
unfold
as
follows
:
•
Initial
workshop(s}:

Held
in
person,
where
utility
staff
and
stakeholders
describe
the
system's
operations
and
key
processes.
•
Subsequent
workshops
(if
required):

Held
virtually,
focused
on
identifying
top
threats
and
vulnerabilities
and
quantifying
the
worst
reasonable
consequences
of
specific
threats.
•
Ongoing
discussions:

Will
address
the
interdependencies
between
utilities.

This
phase
will
also
involve
a
focused
look
into
natural,
malevolent,
cybersecurity,
and
physical
security
threats.

Con~
uJ1;1nl
s.

LL
C
15 of
27 Your
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Resiliency,
Adaptation,
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Action
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June 3, 2025, Item #3
This
collaborative
approach
helps
to
gather
detailed
insights
from
those
closest
to
the
system,
ensuring
the
assessment
captures
real-world
risks
and
operational
realities.

2.2. Draft
RRA
Once
the
threat
and
vulnerability
identification
steps
are
complete
, the
next
phase
involves
a detailed
analysis
and
the
development
of
mitigation
measures.

This
process
includes
:
•
Critical
Assets
and
Threats:

Identify
key
infrastructure,
systems,
and
resources
essential
for
operations,
along
with
potential
threats
and
vulnerabilities.
•
Physical
Security
Assessment:

Evaluate
facility
security
measures,
access
controls,
surveillance
, and
emergency
response
capabilities.

AARC
will
conduct
a Physical
Security
Assessment
of
the
water
system
infrastructure,
utilizing
industry
standards
to
evaluate
the
security
posture.

This
assessment
will
cover:
o
A comprehensive
evaluation
using
tools
from
AWWA's
G430,
CISA
, and
the
US
EPA
to
assess
barr
iers.
plans,
processes,
and
procedures
.
c
The
evaluat
ion
will
follow
the
deter,
detect,
devalue,
delay
, and
respond
framework
to
identify
improvements
in
protect
ing
critical
infrastructure
from
both
current
and
emerging
threats
.

The
outcome
will
be
a clear
picture
of
the
current
physical
security
posture,
with
prioritized
recommendat
ions
for
enhancing
security
measures.
•
Cybersecurity
Assessment
: Assess
dig
ital
infrastructure,
network
secur
ity, data
protect
ion,
and
potential
cyber
threats.

AARC
will
evaluate
the
City's
cybersecurity
posture
, using
both
industry-standard
tools
and
tailored
methodologies
to
identify
vulnerabilit
ies
and
enhance
system
security
. This
includes
:

1. AWWA
Water
Sector
Cybersecurity
Risk
Management
Tool
•
Facilitates
data-driven
risk
analysis
for
operational
technologies
(e.g.,
SCADA)
and
enterprise
systems
.
•
Produces
a prioritized
list
of
recommended
controls
tailo
red
to
the
City's
needs
.

2. AARC
Cybersecurity
Questionnaire
and
Checklist
•
A comprehensive
evaluation
based
on
NIST,

NERC-CIP,

DHS-CISA,
and
AWWA
standards.
•
Identifies
gaps
in
cybersecurity
for
:
o

IT/SCADA
access
controls
o
Network
architecture
and
firewall
vulnerabilities
o
Social
engineering
risks
o
Wireless/mobile
communication
and
SCADA-enterprise
network
interactions
.

This
assessment
will
provide
actionable
insights
into
cybersecurity
weaknesses,
offer
ing
mitigation
strategies
and
prioritized
recommendations
to
enhance
the
City
's cybersecurity
resilience
.
•
Utility
Resilience
Index
(URI):

Measure
the
reliability,
redundancy,
and
adaptability
of
critical
utilities,
such
as
power,
water,
and
communication
systems
. The
Utility
Resilience
Index
(URI),
as
part
of
the
J100
Standard
,
will be
used
as
a decision-support
tool
to
assess
resilience
based
on
operational
and
financia
l indicators.

MR& C
on!-
u
l1:
1nt
s
L
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C
16 of
27 Your
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in
Emergency
Management,
Resiliency,
Adaptation,
and
Action
Planning
Page
I 37
June 3, 2025, Item #3

2.3. Hold Review Meeting and Presentation
The creation of the draft RRA involves systematically identifying, analyzing, and mitigating risks that could impact the City's critical operations. This process includes evaluating potential threats (natural, human-made, and cyber related), assessing vulnerabilities, and determining the resilience of essential assets. The assessment covers physical security, cybersecurity, and utility resilience, providing a comprehensive understanding of risks. It incorporates scenario-based analysis, stakeholder engagement, and compliance with industry regulations. The final RRA delivers actionable recommendations to enhance preparedness, response, and recovery capabilities, ensuring long-term operational continuity and resilience.

A review meeting will be conducted to examine the draft RRA, ensuring alignment with objectives and stakeholder expectations. During the meeting, AARC will present an overview of the draft RRA, participants will provide feedback, discuss concerns, and suggest improvements.

2.4. Address Review Comments
The response to comments process involves systematically addressing questions and feedback, making necessary revisions, and refining the final product. This iterative approach enhances accuracy, clarity, and effectiveness, ensuring that all stakeholder input is considered before final approval.

2.5. Finalize RRA
The final RRA is developed after incorporating stakeholder feedback, refining risk evaluations, and validating resilience strategies. This document provides a comprehensive analysis of critical assets, potential threats, vulnerabilities, and mitigation measures across physical security, cybersecurity, and utility resilience. The final RRA includes prioritized recommendations, response strategies, and an implementation roadmap to enhance preparedness and operational continuity. It serves as a strategic guide for decision-makers to strengthen resilience and ensure long-term sustainability.

The final RRA will comprehensively address all AWIA-required elements, including:
• Risks from malevolent acts and natural hazards
• Dependency hazards (e.g., power or communication outages, supply chain disruptions, workforce issues, transportation limitations, and proximity hazards)
• Unintentional human-caused risks (e.g., chemical spills, operator error, cybersecurity gaps, and critical component failures)
• Financial infrastructure vulnerabilities
• Resilience of key system components: pipelines, conveyances, physical barriers, source water, collection/intake, pretreatment, treatment, storage, distribution, and automated systems (including cybersecurity) • Monitoring practices for the potable water system
• Use, storage, and handling of system chemicals
• Operation and maintenance procedures across all facilities

2.6. Submit Final Certification to EPA
Electronic certification with the EPA involves submitting a formal statement confirming compliance through the EPA's Certification System. This process ensures that utilities meet federal mandates by assessing risks related to natural hazards, cyber threats, and infrastructure resilience. Timely certification helps utilities maintain regulatory compliance, enhance security measures, and strengthen their ability to respond to emergencies.

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Page I 38
June 3, 2025, Item #3
Deli
verab
les
for
Tas
k 2
•
Draft
RRA:

Conduct
initial
analysis
of
critical
assets,
threats,
vulnerabilities
, and
mitigation
strategies,
providing
a preliminary
report
for
review.
•
Response
to
Comments:

Address
stakeholder
feedback,
revise
assessment
findings,
and
refine
recommendations
to
ensure
accuracy
and
alignment
with
project
goals
.
•
Final
RRA:

Incorporate
all
revisions
and
finalize
the
comprehensive
report
, including
priori
tized
action
plans
and
resilience
strategies.
•
Assist
with
EPA
Certification
: Support
the
electronic
submission
process
for
compliance
with
the
AWIA
requirements,
if needed,
ensuring
timely
and
accurate
certification
.

Task
3 -Update
the City
's Emerg
ency
Response
Plan
(ERP
)

3.1. Conduct
Meetings
and
Workshops
with
Staff
and
Stakeholders
The
ERP
will
be
developed
in
tandem
with
the
RRA
to
ensure
:
•
Incorporation
of
preliminary
risk
reduction
measures
identified
in
the
RRA.
•
Development
of
response
strategies
to
address
both
physical
and
cyber
threats
to
critical
infrastructure
.
ft,_.~~'\
• Iden
tify
hazard
s and
vulnerabilities
• Asses
s ris
k
• Prepare
for
ris
k
• Mitigate hazard
s
•
Tailored
mitigation
and
response
plans
to
handle
both
malevolent
acts
and
natural
hazards.
(Sou
rce
magaz
ine,
Spring
20 21)
This
alignment
ensures
a seamless
integra
tion
of
the
RRA
findings
into
the
ERP,
creating
a cohesive
resilience
strategy
for
the
uti
lity.

3.2. Draft
ERP
AARC
will
conduct
a gap
analysis
using
changes
in
utility
description
information,
completed
projects,
statutory
changes,
MRs
of
incidents
or
exercises,
or
other
necessary
documentation
to
update
the
ERP
. AARC
will
also
organize
a workshop
to:
•
Provide
an
overview
of
AWIA
ERP
compliance
requirements
.
•
Present
findings
and
recommendations
based
on
the
gap
analysis.
•
Gather
updated
input
from
stakeholders
to
tailor
the
ERP
to
the
City
's current
and
future
needs
(Does
not
include
phone
, email
and
address
updates
for
critical
contacts)
.

AARC
will
conduct
a comprehensive
review
of
the
City's
existing
ERP
to
ensure
it meets
current
and
future
operational
needs
. This
review
will
include:
•
Emergency
preparedness,
response,
and
recovery
strategies
already
in
place
.
•
Evaluation
of
policies
, procedures,
plans,
and
training/exercise
programs
.
•
Documentation
of
resources,
equipment,
and
local
interagency
agreements
.
•
Review
of
training
programs,
local
and
regional
exercise
participation
(including
real
incident
reports),
and
After-Action
Reports
(AARs)
to
identify
areas
for
continuous
improvement.

This
review
will
help
identify
gaps
and
opportunities
for
improvement
, ensuring
the
updated
ERP
reflects
the
City's
current
and
projected
operational
and
regulatory
context.

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Emergency
Management,
Resiliency,
Adaptation,
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Planning
Page
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June 3, 2025, Item #3

3.3. Hold
Review
Meeting
and
Presentation
The
updated
ERP
will
include
the
following
key
components:

1. Utility
Information:
•
Overview
of
the
City's
operations,
personnel,
critical
components,
and
surrounding
industries
of
concern
.
•
Inventory
of
response
resources
and
local
emergency
services
.

2. Risk
Assessment
with
Recommendations:
•
Address
security
issues
in
compliance
with
U.S.

EPA
guidelines
under
the
Public
Health
Security
and
Bioterrorism
Preparedness
and
Response
Act
of
2002
.

3. Resilience
Strategies
:
•
Defined
emergency
response
roles,
incorporating
the
Incident
Command
System
(ICS)
framework.
•
Communication
protocols
for
internal
teams,
external
stakeholders,
and
media
outreach.
•
Public
notification
strategies
for
various
emergencies.

4. Emergency
Plans
and
Procedures:
•
Core
and
incident-specific
plans,
including
checklists
and
equipment
for
responding
to
natural
hazards,
cyberattacks,
and
malevolent
acts.
•
Addressing
local
agreements
(e.g.,
site
leasing,
mutual
support,
alternative
drinking
water
sources,
etc.).
•
Development
of
a cyber
incident
response
checklist
aligned
with
industry
standards
and
legislative
requirements.
•
Focus
on
resiliency
and
continuity
planning.

5. Mitigation
Actions:
•
Recommendations
for
alternative
water
sources,
facility
improvements,
and
other
measures
to
reduce
risks.
•
Recommendations
for
Natural
Hazard
Mitigation
Plan
elements
in
alignment
with
the
Disaster
Mitigation
Act
of
2000
and
FEMA
Mitigation
Planning
Guidelines.

6. Detection
Strategies:
•
Methods
for
identifying
physical
and
cyber
threats,
informed
by
the
RRA.

7. Model
Media/Press
Release
Format:
•
A
customizable
template
for
crisis
communication,
ensuring
accurate
and
timely
public
updates.

8. Rip-and-Run
Sections:
•
Quick-reference
guides/checklists
for
staff
use
during
emergency
events
.

3.4. Address
Review
Comments
The
ERP
review
meeting
is conducted
to
evaluate
the
plan's
effectiveness,
ensuring
it aligns
with
regulatory
requirements
and
operational
needs
. AARC
will
present
an
overview
the
draft
Updated
ERP.

Stakeholders
provide
feedback
on
key
components,
including
response
procedures,
communication
protocols,
and
resource
allocation.

The
response
to
comments
process
involves
addressing
stakeholder
input,
refining
strategies,
and
making
necessary
MR~ C
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Your
Partner
in
Emergency
Management,
Resiliency,
Adaptation,
and
Action
Planning
Page
I 40
June 3, 2025, Item #3
revisions
to
enhance
clarity
and
functionality.

This
iterative
approach
ensures
that
the
final
ERP
is
comprehensive,
actionable,
and
tailored
to
strengthen
emergency
preparedness
and
response
capabilities.

3.5. Finalize
ERP
The
final
ERP
is
developed
after
incorporating
stakeholder
feedback,
refining
risk
evaluations
, and
validating
resilience
strategies
. This
document
provides
a comprehensive,
AWIA-complianl
plan
tailored
to
this
project.

The
ERP
is
designed
to
empower
the
organization
with
the
necessary
knowledge,
tools,
and
strategies
to
build
a resilient
utility
.

3.6. Submit
Final
Certification
to
EPA
Electronic
certification
with
the
EPA
involves
submitting
a formal
statement
confirming
that
the
ERP
meets
federal
requirements.

This
process
verifies
that
utilities
have
effective
response
strategies
for
natural
hazards,
cyber
threats,
and
other
potential
emergencies.

Timely
certification
ensures
utilities
comply
with
regulatory
mandates,
improve
their
emergency
preparedness,
and
enhance
their
ability
to
quickly
respond
to
and
recover
from
disruptive
events
.

Deliverables
for
Task
3 •
Kickoff
Meeting
Presentation:

Prepare
and
present
an
overview
of
the
ERP
development
process,
objectives,
timeline,
and
key
stakeholder
responsibilities.
•
Draft
Emergency
Response
Plan:

Develop
an
initial
version
of
the
ERP,
outlining
response
procedures,
communication
protocols
, resource
management
, and
incident
coordination.
•
Response
to
Comments:

Review
and
address
feedback
from
stakeholders,
making
necessary
revisions
to
improve
clarity,
accuracy,
and
alignment
with
regulatory
standards.
•
Final
Emergency
Response
Plan:

Finalize
the
ERP
incorporating
all
revisions,
ensuring
it is comprehensive,
actionable,
and
in
compliance
with
federal
requirements.
•
Assist
with
EPA
Certification:

Support
the
electronic
submission
of
the
ERP
to
the
EPA
for
certification,
if
needed,
ensuring
it meets
the
requirements
of
the
AWIA.

Task
4-Emergency
Response
Training

4.1. Develop
Exercise
Scenario
and
Materials
AARC
will
provide
hands-on
staff
training
to
assess
ERP
functionality
and
ensure
preparedness.

The
training
will
:
•
Follow
OHS
Homeland
Security
Exercise
and
Evaluation
Program
(HSEEP)
best
practices
to
ensure
effectiveness.
•
Engage
key
stakeholders
to
foster
a collaborative
approach
lo
emergency
preparedness.
•
Include
a Hot
Wash
debrief
session
immediately
after
the
training
and
exercise
to
capture
participant
feedback.

The
outcomes
of
this
training
will
inform:
•
Procedural
refinements
based
on
identified
gaps
or
issues
.
•
Additional
training
needs
for
staff
to
address
deficiencies
.
•
Recommendations
for
policy
updates
to
improve
response
protocols
.

4.2. Conduct
Training
and
Tabletop
Exercise
AARC
will
facilitate
a TIX
to
test
and
refine
the
ERP's
functionality
. The
exercise
will
:
•
Ensure
active
participation
from
key
stakeholders,
including
utility
staff,
local
agencies,
and
other
relevant
parties.
•
Adhere
to
HSEEP
best
practices
for
exercise
design,
execution,
and
evaluation
.

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in
Emergency
Management,
Resiliency,
Adaptation,
and
Action
Planning
Page
I 41
June 3, 2025, Item #3
•
Include
a Hot
Wash
debrief
session
immediately
following
the
exercise
to
gather
feedback
on
ERP
performance
and
areas
for
improvement.

4.3. Prepare
After-Action
Report
The
AARC
Team
will
facilitate
an
after-action
discussion
that
occurs
immediately
following
the
exercise
to
capture
real-time
feedback
from
participants
. The
goal
is
to
identify
what
worked
well,
highlight
areas
for
improvement,
and
gather
insights
into
the
effectiveness
of
response
strategies,
communication,
and
coordination
. Feedback
is collected
in
a structured
yet
open
environment
to
encourage
honest
dialogue
. The
outcomes
of
the
hotwash
are
used
to
refine
procedures,
enhance
preparedness,
and
ensure
continuous
improvement
in
response
capabilities.

Th
is feedback
process
is
critical
for
strengthening
future
response
efforts
and
operational
resilience.

After
the
TTX,
we
will
analyze
the
feedback
gathered
during
the
exercise
to
create
a comprehensive
report.

The
AARC
Team
will:
•
Summarize
the
findings
from
the
TTX,
highlighting
strengths,
weaknesses,
and
critical
gaps
.
•
Provide
recommendations
for
further
training,
procedural
refinements,
and
resource
allocation
to
improve
emergency
preparedness
and
response.

Deliverable
s for
Tas
k 4
•
Development
of
Staff
Training
Materials
: Includes
training
manuals,
guides
, and
presentations,
designed
to
equip
staff
with
the
necessary
skills
and
knowledge
for
ERP
functionality.
•
TTX
Exercise
(Scenario
Based):

A facilitated
discussion-based
exercise
where
participants
respond
to
a
simulated
emergency
scenario,
testing
plans,
policies,
and
decision-making
processes
in
a low-stress
environment.
•
Hot
Wash
Feedback
Summary:

A report
capturing
participant
feedback
during
the
Hot
Wash
debrief,
with
insights
into
ERP
strengths
and
areas
for
improvement.
•
After-Action
Report
(AAR)
: A
comprehensive
report
summarizing
findings
from
the
TTX,
including
identified
weaknesses,
strengths,
and
actionable
recommendations
to
improve
ERP,
training,
and
resource
allocation.

Additional
Services
AARC
will
provide
additional
services
on
an
as-needed
basis,
under
the
direction
of
the
City's
Utilities
Administrator
and
Management
Analyst.

The
following
tasks,
though
not
specifically
outlined
in
the
Scope
of
Work,
are
considered
necessary
or
beneficial
to
the
successful
completion
of
this
project.

The
cost
for
additional
services
will
be
negotiated
with
the
City
upon
contract
award,
in
consultation
with
and
under
the
direction
of
the
City's
Utilities
Administrator
and
Management
Analyst.

1. EOC/DOC
Position
Specific
Checklist:

Develop

EOC/DOC
specific
checklists
for
each
position
to
encompass
pre-event
(preparation),
start
of
event,
during
event
, shift
change,
and
event
close-out.

2. EOC/DOC
Event
Position
Specific
Action
Plan
Checklists:
action
plan
checklist
for
each
of
the
EOC
positions
. These
are
established
in
a similar
pattern
to
item
1,
to
encompass
pre
-event
(preparation),
start
of
event,
during
event,
shift
change,
and
event
close-out.

3. Conduct
a Functional
Exercise
within
a year
after
ERP
finalization:

Conduct
A functional
exercise
to
fully
test
the
ERP
and

DOC/EOC
operations
within
the
utility
and
with
key
partners
outside
the
utility.

4. Assist
the
utility
in
establishing
a college
intern
position
to
assist
utility
staff
with
maintaining
the
ERP
and
annexes
, appendices
and
all
pertinent
contact
information
within
the
ERP
document.

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in
Emergency
Management,
Resiliency,
Adaptation,
and
Action
Planning
Page
I 42
June 3, 2025, Item #3
Project
Timeline
The
proposed
timeline
below
is
subject
to
adjustment
in
coordination
with
the
City
requirements.

Tasks
Deliverables/Milestones
Task
1 -Preliminary
Review
and
Project
Kickoff

1.1. Conduct
Kickoff
Meeting
and
Schedule
Project
Update
Meetings

1.2. Review
Ex
isting
Information
Task
2 • Conduct
a Risk
and
Resilience
Assessment

2.1. Perform
Site
Visits,
Workshops
, and
Interviews

2.2. Draft
RRA

2.3. Hold
Review
Meeting
and
Presentation

2.4. Address
Review
Comments

2.5. Finalize
RRA

2.6. Submit
Final
Certification
to
EPA
Task
3 -
Update
the
City's
Emergency
Response
Plan

3.1. Conduct
Meetings
and
Workshops
with
Staff
and
Stakeholders

3.2. Draft
ERP

3.3. Hold
Review
Meeting
and
Presentation

3.4. Address
Review
Comments

3.5. Finalize
ERP

3.6. Submit
Final
Certification
to
EPA
Task
4-
Emergency
Response
Training

4.1. Develop
Exercise
Scenario
and
Materials

4.2. Conduct
Training
and
Tabletop
Exercise

4.3. Prepare
After-Action
Report
MR&
Your
Partner
in
Emergency
Management
,
Resiliency,
Adaptation,
and
Action
Planning
C
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Schedule
July
14,
2025-July
18 July
21 -July
25 July
28 , 2025
-Aug.
22 Aug.
25 -Aug.
29 Sept.
1 -
Sept.
5 Sept.
8-
Sept.
12 Sept.
15 -Sept.
19 December
30,
2025
Sept.
22 -Oct.
1 O
Oct.
13-
Oct.
24 Oct.
27 -Nov.
7 Nov
.10-Nov
.14
Nov
. 17
-Dec
. 5
June
26 , 2026
Nov.
10 -Dec
. 30
Jan.
5 -
Jan
. 23
Jan
. 26
-Jan.
30 Pag
e I 43
June 3, 2025, Item #3
Poway AWIA Cost Proposal
c.::~-:n:,11lla:1:•: . I. L t.:

Total Cost $59,128 Date 5/12/2025
Key Personnel
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Billing Rate Per Hour $287 $237 $237 $358 $150 $243 $215 $149 $142 Taski;
Task 1 -Preliminary Review and Project Kickoff

1.1. Project Management. Conduct Kickoff Meeting and Schedule 4 18 2 2 Project Update Meetings $6,186

1.2. Review Existing Information 6 4 2 $2,800
Hours Subtotal 4 24 6 0 0 0 2 2 0 $8,986
Task 2 -Conduct Risk and Resilience Assessment (RRA)

2.1. Perform Site Visits, Workshops, and Interviews 20 28 3 4 8 2 4 $15,860

2.2. Draft RRA 2 12 8 1 3 10 $7,424

2.3. Hold Review Meeting and Presentation (virtual) 4 2 0 $1,422

2.4. Address Review Comments 1 8 3 2 $3,178

2.5. Finalize RRA 2 4 2 $2,057

2.6. Submit Final Certification to EPA $237
Travel and Other Expenses $1,200
Hours Subtotal 5 49 42 3 4 9 0 5 16 $29,880
Task 3 -Update the City's Emergency Response Plan (ERP)

3.1. Conduct Meetings and Workshops with Staff and Stakeholders 13 8 2 $5,099

3.2. Draft ERP 1.5 3 28 $7,162

3.3. Hold Review Meeting and Presentation (virtual) 4 2 $1,378

3.4. Address Review Comments 2 8 $2,194

3.5. Finalize ERP 1.5 2 6 2 $2,493

3.6. Submit Final Certification to EPA $237
Travel and Other Expenses $500
Hours Subtotal 3 25 0 0 0 0 52 4 0 $18,562
Task 4 -Emergency Response Training (OPTIONAL)

4.1. Develop Exercise Scenario and Materials 12 4 $3,704

4.2. Conduct Training and Tabletop Exercise 16 8 $5,512

4.3. Prepare After-Action Report 2 6 $1,913
Travel and Other Expenses $1,200
Hours Subtotal 0 30 0 0 0 0 18 0 $11,129
Total Labor Hours Per Staff Member 12 128 48 3 4 9 72 12 16 Total Labor Hours (w/o TTX) Total Labor Cost (w/o TTX) Travel & Other Expenses (w/o TTX) Total Project Cost (w/o TTX) 255 $57,428 $1,700 $59,128
Total Labor Hours (w/ TTX) Total Labor Cost (w/ TTX) Travel & Other Expenses (w/ TTX) Total Project Cost (w/ TTX) 304 $68,557 $2,900 $71,457
23 of 27
June 3, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering' s California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person rece1vmg 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 of960 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)
24 of27
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with June 3, 2025, Item #3
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:
25 of 27
(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.
(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.

June 3, 2025, Item #3
( 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 Sections 24214, 24214.5 or 26812 ofthe Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11(SB13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:

Note-
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
26 of27
June 3, 2025, Item #3

WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Consultant 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." Consultant
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."
27 of27
June 3, 2025, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 3, 2025
Honorable Mayor and Members of the City C~1fil
Eric Heidemann, Director of Public Works ~
Carlos Cortes, Utilities Administrator Cr//
(858) 668-4703 or [email protected]

CITY COUNCIL
Approval of City of Poway's 2025-2026 Annual Water Supply and Demand Assessment As required by state legislation, urban water suppliers are required to complete an Annual Water Supply and Demand Assessment (Annual Assessment) including information regarding any anticipated water shortage, planned water shortage response actions, and communication, compliance and enforcement actions. Staff completed Poway's 2025-2026 Annual Assessment which concluded the City of Poway (City) will have sufficient water supplies to meet all anticipated demands for the next 12 months starting July 1, 2025.

Recommended Action:

It is recommended City Council approve the 2025-2026 Annual Assessment and authorize the submittal of the Annual Water Shortage Assessment Report (Annual Shortage Report) to the State of California with any modifications requested by the Department of Water Resources (DWR) or the State Water Resources Control Board to be corrected administratively by staff.

Discussion:

Beginning in 2022, California Water Code § 10632.1 requires water suppliers to prepare an annual water supply and demand assessment and submit an assessment report to DWR covering the 12- month period starting July 1. Annual Assessments are used to evaluate short-term water supply reliability for the upcoming year and the corresponding Annual Shortage Report must be submitted to DWR on or before July 1. The purpose of this report is primarily for water agencies to identify if a water shortage is anticipated, and to report this determination to the State DWR.

On May 18, 2021, City Council adopted Poway's Water Shortage Contingency Plan (WSCP) which includes prescribed actions to prepare an Annual Assessment, including conducting an analysis of projected water supply and demands, presenting the results to City Council and submitting the results, and any necessary shortage response actions, to DWR before July 1. If the Annual Assessment projects a supply deficit, City Council will vote to determine the appropriate water shortage response level and associated actions necessary to reduce demand and ensure adequate supply. Poway's Water 1 of 8
June 3, 2025, Item #4
Conservation Plan (WCP), Chapter 8.94 of the Poway Municipal Code identifies four levels of action in response to a water supply shortage. The WCP encourages efficient water use, discourages wasteful water use practices, and establishes water use efficiency measures. Level 1 water conservation measures are voluntary and will be promoted through local and regional public education and awareness measures. During water conservation Levels 2 through 4, conservation measures and water-use restrictions are mandatory and become progressively restrictive in order to attain escalating conservation goals. Level 4 includes the City's strictest mandatory use restrictions to achieve a conservation target above 40 percent. Poway obtains its potable water from the San Diego County Water Authority (SDCWA). Therefore, the City's WSCP and its subsequent response actions are directly linked to the SDCWA's water supply reliability.

DWR provided a guidebook and required template for each urban water supplier to complete and submit as their Annual Shortage Report. Water suppliers are permitted to report on either a monthly or annual basis. Though the tables within the template do not include a column for annual totals, DWR's published guidebook instructs water suppliers to put the annual number in the June column.

Following DWR guidelines and Poway's WSCP prescribed actions, staff reviewed anticipated local water demands and consulted with the SDCWA on regional supplies and constraints. Poway staff determined that using the projected water demands developed for Poway's proposed Fiscal Year 2025-26 budget is a reasonable estimate for this annual assessment. Due to continued regional supply diversification and reliability efforts by regional wholesalers, SDCWA and Metropolitan Water District of Southern California (MWD), sufficient water supplies are available to meet Poway's expected demands.

Based on these findings, Poway's 2025-2026 Annual Assessment (Attachment A) concludes that adequate water supplies are available to meet expected customer demands. Water supplies will not be curtailed by known infrastructure constraints, dry and hot weather conditions, or other restrictions, and no additional actions should be required.

Environmental Review:

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

Fiscal Impact:

There is no fiscal impact as a result of this action.

Public Notification:

None.

Attachments:

A. City of Poway's 2025-2026 Annual Water Supply and Demand Assessment (Remainder of page intentionally left blank)
2 of 8
June 3, 2025, Item #4
Reviewed/ Approved By:

Wendy~rman
Assistant City Manager
3 of 8
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~)
Chris Hazeltine
City Manager
June 3, 2025, Item #4
/
I
Information > Retail Demands > Retail Water Su1:m!Y. > Retail Assessment > Retail Actions > Attachments > Submit to DWR Table 1: Information
Type of Supplier,1<RE9u1Rrn ro rnE<::K oNE oR Eiorn,
Supplier is a wholesaler I D
Supplier is a retailer I ~
Year Covered By This Shortage Report cR~Qu1RE!ll
Start: July 1, I 2025
End:June 30, I 2026
Volume Unit for Reported Supply and Demand I AF
(must use same unit throughout)
Supplier's Annual Assessment Planning Cycle fREouIRrn)
Start Month: !July
End Month: iJune
Data Reporting Interval Used: I Annually (1 data point per year) Water Supplier's Contact Information rRi:ou1RfoJ
Water Supplier Name: i Poway City Of
Contact Name: I Carlos Cortes
Contact Title: I Utilities Administrator
Street Address: I 14467 Lake Poway Rd
Zip Code: I 92064
Phone Number: (858) 668-4703
Email Address: I [email protected]
I
' /
Report Preparer's Contact Information
(I( different from above)
Preparer's Organization Name:

Preparer's Contact Name:

Phone Number:

Email Address:

Sl:lpplier's Water Shortage Contir:igency Plan
WSCP Title: i Water Shortage Contingency Plan
WSCP Adoption Date: I 05/18/2021 -
Other Annual Assessment Related Activities
(optional)
Activity ! Timeline/Outcomes/Links/Notes
Annual Assessment/Shortage Report Title: -----.. ------ I
Annual Assessment/Shortage Report Approval
Date: ··-------
I Other Annual Assessment Related Activities: 1
4 of 8 ATTACHMENT A
June 3, 2025, Item #4
u,
0 ....
00 lnform~tlon > Reta II Demands > Retail Water sur.P-!Y. > Retail Assessment > Retail Actions > Attachments > Submit to DWP.

Table 2 Retail: Demands 1
,_ _ _ u_s_e_Ty_pe Start Year: 2025 Volumetric l!Jnit used: AF I _____________ ___ _ Drop down list
May select each use 1---~~ - ·- - ,--~ - Pr.oj!_cted Water. D~rl}_ands -V~me2 _ ---~-- - ~------ - multiple times . These Level of
ilre the only Use Types Treiltmen
that will be recognized for Non- Total
by the WUEdata online Potable by
submittal tool. Additional Supplies Water
(Add additional rows Description (as Drop Demand
as needed) needed) down list Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 Ti~ Demands Served by Potable Supplies
All lJP.m,mds I I I i I 9. 107 9. 107
TOTALBYMONTH(POTABLEl l o ol o o o o ol o o o ol 9,101 9,101 Demands Served -~ Non-Potable Supplies
Commercial I RW System CII I 4JB 438
I
POW-3 CWA I Other Non-Potable connenion 244 244
TOTAL BY MONTH (NON-POTABLE) 0 0 0 I O O O O I O O O O 682 682 NOTES I Poway serves wate'. to 3 primary vtater systems: potable water distribution system (9, , 07 AF proje:ted), recycled water distr ibution system (438 Al- proJected:i, ~OW-3 raw water system (244 AF projected). 1Projections are based on best available data at time of submitting the report and actual demand volumes could be different due to many factors . 2Units of measure (AF, CCF, MG) must remain consistent . 3When or,tional monthly volumes aren't provided, please enter yearly_\_1o_lL_1m_ e_s_in_ th_e_,J_L_m_e_co_l_u_m_n__,,_O_u~n3...,)'-. _ _ _______ _____ ____ __ _.. 0 0
=
June 3, 2025, Item #4
en
0 ....
00 Informat ion > Retail Demands > Retail Water SuP-RJY- > Retail Assessment > Reta il Action~ > Attachm~nts > subm it to DWP.

Table 3 Retail: Water Supplies 1
1/-{ater Supply Start Year: 2025 I Volumetric Unit Used: I AF I Drop down list
Projected Water Supplies - Volume 2 May select each use multiple times. These Water
are the only Use Types Quality
that will be recognized Total Drop Total
by the WUEdata online by Down Right or
submittal tool. Additional Water List Safe
(Add additional rows Detail on Demanc Yleid *
as needed) Water Supply Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun3 T~e (?.et1onaD Potable Supplies
·- -
Purchased/I mported I
I
S,107 9,107 Water I
TOTAL BY MONTH (POTABLE) 0 0 0 0 0 0 0 0 0 0 0 9,107 9,107 0 Non-Potable SuptJlics
Recycled Water i 438 438
Purchased/Imported
I
244 244 Water
TOTAL BY MONTH (NON-POTABLE) 0 0 0 0 0 0 0 0 ol 0 0 682 682 0 Poway primarily relies on imported purchased water from SDCWA (Raw Water; 9,351 AF projected) that Poway rreats (Potable Water; 9,107 AF projected) or delivers raw (244 AF projected) to certain customers, and from City of San Diego (Recycled Water; 438 AF projected). Tre supply reliability of Poway is NOTES therefore directly related to the supply of SDCWA which relies on MWD and Colorado River water among various other sour:es . Poway's imported water sources are highly resilient and can increase volume to match unforeseen but plausible spikes in annual demand. Lake Pow3y stores roughly 3,500 Ar when near capacity for use during short out3ges :roughly 1 u weeks during l1igh-use montr ,s) to bolster supply continuity. 1 Projections are based on best available data at time of submitting the report and actual demand volumes could be different due to many factors. 2Units of measure (AF, CCF, MG) must remain consistent.

3.when optional monthly volumes aren't provided, please enter yearly volumes in the June column Uun3). 0 0
Q
June 3, 2025, Item #4
"""' 0 ....
00 lnfonn.;tion :.- Retail Demands :.- P. etail V/ ate r Su P-1!JY. :.- Retail Assessment :.- Retail Actions :- Attachmems :- Submit to DWB Table 4 Retail: Water Assessment
-
Table 4(P): Potable Water Shortage Assessment 1 Start Vear: 2025 Volumetric Unit Used2: AF Jul Aug Sep Oct Nov Dec Jan Feb
- -, --- -·- --
Mar Apr ~~_j_ Jun3
Potable Supplies ·- - - - -,\nticipated Uncomtrained Demand 0 0 0 0 0 0 0 0 -·01- - 0 0 9,107 .

Anticipated Total W3ter 5upply 0 0 0 0 0 0 0 0 0 0 0 9,107 surplus/Shortage wto WSCP .Aciion 0 0 0 0 0 0 0 0 0 0 0 0 % S11rrliIs/Shortage. w/o WSC.P Anion 00}.,
State Standard Shortage Level 0 0 0 ol 0 0 0 0 0 0 ol 0 1 Planned WSCP Actions
Benefit from WSCP: supply A.igrnenraiion I I I
HFnP.fit from W~CV: l)P.ITiilllc1 RP.<illC:rion
Revi;ed Surplu;/Shortage with WSCP 0 0 0 0 0 0 0 0 0 0 0 0 ~fl Revised Surplus/Shortage v,ith WSCP I O'½
Table 4(NP): Non-Potable W.iter Short.ige Assessment 1 Start Year: - 20~5 Total
9,107
9,107
0 0%
0 0
0 0
Oo/o
Volumetric Unit Uscd2: \ _ AF
,--- - - -- ·- -~ - -Aug ] Sep Oct Nov Dec Jan Feb I Mar [ - Apr I May 1- Jun3 Tot~ Non-Pot~~le Supplies
Anticip.:itcd Unconstruincd Dcm.:incl 0 0 0 0 0 0 0 0 0 0 0 682 682 Anliliµctletl TUli:11 W::Her Supply 0 0 0 0 0 0 0 0 0 0 0 682 682 -- · surplus/Shortage w/o WSCP ACtion 0 0 0 0 0 0 0 0 0 0 0 0 0 ·----% Surplus/Shortage w/o WSCP Action O'½ 0% Planned WSCP Actions
Benefit fron·, WSCP: Supply A..1gmentacion I I I I 0
I Benefit from W:':CP: Demand Reduclion I I I 0 l
I Revi;ed Surplu;/Shortage v1ith WSCP 0 0 0 0 0 0 0 0 0 0 0 0 1 0 ¼ Revised Surpiu;/Shortase with WSCP O'½ Oo/o
NOTES
1 Projections are based on best available data at time of submitting the report and actual demand volumes could be different due to many factors. 2 Unlts of measure (AF, CCF, MG) must remain consistent. 3When optional monthly volumes aren't provided , please enter yearly volumes In the June column (Jun3).

June 3, 2025, Item #4
00 0 ....
00 Inform ation > Retail Demands > Retail Water Supply > Retail Assessment > Ret ail Actions > Attachments > Submit to DWP.

Table 5 Retail: Actions
Year Covered By This Shortage Report July 1J_202s to June 30, ! 2026 How much is action When is shortage response action Anticipated Shortage ACTIONS: Demand Reduction, Supply going to reduce the Level Augmentation, and Other Actions. Is Action shortci ~e gcip? anticipated to be implemented? Drop Down List of State (Drop Down List) Already Being (Drop Down Standard Levels (1-6) These are the only categories that will be Implemented? Enter List) and Level o (No accepted by the WUEdata online submital (YIN) Amount Select 0/o or Start Month End Month Shortage) tool. Select those that apply. Volume
Unit
Add additiona l rows as needed
I I I 0
On Augus, 1, 2023, Pow2y adopted Resolution No. 23-044 to Return ;:o Poway·s WSCP Water Shortage Level 1 Voluntary Water Measures. The !..eve! 1 volumary de11and reduc(lon anions are as follows : mher - Prot-iibi( use of pornble water for washing hard surfaces; Landscape - Restri::t or prohibit runoff from landscape irrigation; Landscape - Limit landscape irrigation rn specitic times; Other - Require automatic shut ot hoses; Water Features -Restrict water use tor decorative water teatures, such us fountc1ins; Wilsh vehicles only using ii hond-held hose equioped with 11 positive shut-off nozzle t1nd o bucket, or n high Notes: pressure/low volume \Nash system; Ctl - Lodging establishment must offer opt out of linen service; CII - Do not use single-pass (NOTES Section to be cooling ecuipment in new commercial applications; CII - Use a water recirculation system for commercial conveyor car washes used only for clarifying ilnr:I illl new r.omr:ierciill laundry systems; OthP.r - Run only fully loaded dishw;:ishers ilnd washing mil chines; Other - details, and not for Customers mJst repair leaks, breaks, and malfunctions in a timely manne r; Other - Prchib it use o;' potable water for listing specific actions . construction and dust ccn,rol; Landscape - Limit landscape irrigation to specific days; Pools - Allow filling of swimming pools Actions need to entered only wllen on appropriale cover is in plc1ce; and CII - Reslc1ur,mLs may only serve waler upon r24uesl. lderllified "Olher CII into rows above.) restrictio n or pro hioition" is as follows: The use of potable water is prohibited for the irrigation of non-f unc:ional turf at commercial , industrial, and lns(itutional sites; however, the use of potable water Is not prohibited to the extent necessary to ensure the health of trees and other perennial non wrf plantings or to the exrent necessary to addre~s an immediate hc.;lt h and sctety need . .A.dditionally, numerous residential and commercial water conservation programs are available to Poway·s customers through regional wholesalers , the San Diego County Water Authority and Metropolitan Water District of Southern California.

June 3, 2025, Item #5
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
June 3, 2025
Honorable Mayor and Members of the City ~~ncil
Eric Heidemann, Director of Public Works ~ '
Michael Obermiller, Public Works Operations Mana~
(858) 668-4722 or [email protected] ~

CITY COUNCIL
Award of Agreement to Dudek for Environmental and Biological Fieldwork for Stormwater Maintenance Programs; RFP No. 25-015
A request for proposal (RFP) for Environmental and Biological Fieldwork for Stormwater Maintenance Programs was duly advertised on April 17 and April 24, 2025. One (1) proposal was received and opened on May 1, 2025. Staff reviewed the proposal submitted and determined Dudek to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on August 1, 2025, through July 31, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.

Recommended Action:

It is recommended City Council award the Agreement for Environmental and Biological Fieldwork for Stormwater Maintenance Programs, RFP No. 25-015, to Dudek and authorize the City Manager to execute the necessary documents.

Discussion:

Biological fieldwork services are a state/federal mandated component of the City's ongoing, permitted·· maintenance program for concrete and earthen drainage channels. Each year the City conducts maintenance on 45 sections of City-owned concrete channels totaling approximately 7.1 miles, and 26 sections of earthen channels covering about 25 acres. The purpose of this annual maintenance is to ensure adequate flood conveyance during peak winter storm flows by removing invasive plant species, sediment, debris, and trash from the drainage systems ahead of the rainy season. Biological fieldwork is required prior to the start of maintenance activities to ensure compliance with regulatory permit conditions. Environmental and biological fieldwork related to stormwater is subject to various federal, state, and local permitting requirements to ensure compliance with environmental regulations. These permits are designed to protect water quality, sensitive habitats, and species that may be impacted by the work. These activities are authorized through permits issued by the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and the State Regional Water Quality 1 of27
June 3, 2025, Item #5
Control Board. In support of the City's channel maintenance program, Dudek will review regulatory agency permits, conduct environmental surveys (e.g., bird surveys), implement mitigation activities and submit post activity report and findings. In addition to their channel maintenance support, Dudek specializes in resource analysis, survey and reporting, permitting, construction support and general coordination services with experience in biological resources and wetlands/water quality, which can also assist in the City's urban forestry management program.

The City issued a notice inviting proposals for environmental and biological fieldwork for stormwater maintenance programs on April 17 and April 24, 2025, and proactively contacted companies to encourage submissions. One (1) proposal was received and opened on May 1, 2025. Evaluation criteria included the firm's experience, capacity to perform, and proposed cost. After reviewing the proposal, City staff determined Dudek to be qualified to provide environmental and biological fieldwork for stormwater maintenance programs to the City. The City has maintained an agreement with Dudek for the past 10 years and is satisfied with the quality of their services. The annual cost is outlined in Table 1 below.

Table 1:

Annual Cost
~J,i,i!Mi¼~ Dudek $1~130
The length of the initial Agreement shall be for two (2) years beginning August 1, 2025, through July 31, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.

Environmental Review:

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

Fiscal Impact:

To cover this unfunded mandate, sufficient funds for as-needed Environmental and Biological Fieldwork Services are being included in the Stormwater and Flood Control Division's proposed Fiscal Year 2025-26 budget to be considered on June 17, 2025. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration.

Public Notification:

None.

Attachments:

A. Standard Agreement
2 of27
June 3, 2025, Item #5
Reviewed/Approved By:

Assistant City Manager
3 of27
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Chr~
City Manager
June 3, 2025, Item #5
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This
Agreement,
entered
into
this
1st
day
of
August
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Dudek
(hereinafter
referred
to
as
"Consultant").

RECITALS

WHEREAS,
City
desires
to
obtain
the
services
for
Environmental
and
Biological
Fieldwork
for
Stormwater
Maintenance
Programs
around
the
City;

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

WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Consultant
as
hereinafter
set
forth.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN

CONSULTANT
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

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

2. Compensation
and
Reimbursement.

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

3. Term
of
Agreement.

The
term
of
this
Agreement
shall
be
as
described
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
Consultant.

During
said
60-day
period
Consultant
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
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.

Termination
for
cause
shall
be
effected
4of27

ATTACHMENT
A
June 3, 2025, Item #5
by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

Consultant 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, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 5 of27
June 3, 2025, Item #5

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Consultant shall not act as Consultant or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
6 of27
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

June 3, 2025, Item #5
DISCLOSURE DETERMINATION:
~ 1. Consultant will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

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

Department Director

10. No Assignments.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the 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 Consultant.

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

13. Licenses, Permits, Etc.

Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
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June 3, 2025, Item #5

14. Consultant's Insurance.

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

15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
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June 3, 2025, Item #5
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15.
(g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.

17. Consultant Not an Agent.

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

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

18. Personnel.

Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.

City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.

Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
9 of27
June 3, 2025, Item #5

19. Notices.

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

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

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.

Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

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

22. Counterparts.

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

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
10 of27
June 3, 2025, Item #5

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

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

Consultant further provides that in the event Consultant 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, Consultant 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 Consultant to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
11 of 27
June 3, 2025, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------
Alan Fenstermacher, City Attorney
12 of27
Dudek
By:-------------
Brock Ortega, Project Manager and
Principal Biologist
June 3, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below.

1. Overview.

The City's Project encompasses 45 sections of concrete channels (approximately 7.1 miles) and 26 identified earthen work sites (approximately 25 acres in total) all within urban creeks and earthen flood control channels in the City of Poway, San Diego County, California. The City's Project activity entails removal of sediment, vegetation, trash and debris from concrete channels and clearing vegetation to improve flood control capacity and eradicating invasive plant species. The action is authorized through permits with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, and the State Regional Water Quality Control Board. The Project is an ongoing maintenance activity that helps reduce the risk of flooding, promotes water quality, and enhance environmental systems in sensitive areas.

Consultant will not provide Project management services. Consultant will provide general consulting services in support of the aforementioned Project activities. City is responsible for all mapping, GIS work, permitting, coordination, and reporting to regulatory agencies.

2. Task 1.

Permit Review: In order to confirm that City Project activities abide by permits and authorizations, Consultant will review City's permits with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, State Regional Water Quality Control Board, and City of Poway Habitat Conservation Plan to become familiar with requirements in regard to Project.

3. Task 2.

Recon Survey and Monitoring: Consultant will attend meetings that may be requested or deemed necessary by City to meet the Project goals. Consultant will conduct field surveys at either 45 concrete channels or 26 earthen localities within the City of Poway to assess nesting bird activities, the limits of work, any mitigation responsibilities, and identify exotic plant species for eradication. All annual work shall be on an as-needed basis determined by work needing to be performed and funding. 13 of 27
a. Concrete Channels -To protect nesting birds, no project activities shall occur during nesting season unless nesting bird surveys are completed by a qualified biologist, and no nesting birds are present within 200' radius (500' for threatened and endangered species, and all raptors, including June 3, 2025, Item #5
diurnal and nocturnal species). Bird surveys shall be performed as needed.
b. Earthen Channels -Native vegetation shall be adequately identified by the biologist and communicated to the field Supervisor to prevent its disturbance during -the City's enhancement activities. Consultant will identify willow and other large native trees (trunk diameter 4" dbh [diameter-breast-height]) that would require mitigation if impacted. During the survey, the Consultant's biologist will identify the approximate square footage and location of non-native vegetation and invasive exotic weed species to be eradicated. Consultant biologist will communicate with field Supervisor regarding sensitive native species likely to occur within the Project limits and direct the routes around sensitive habitat areas, including habitat for the coastal California gnatcatcher (Polioptila californica) and San Diego thorn-mint (Acanthomintha ilicifolia). The biological consultant should be familiar with sensitive native species commonly found in riparian areas.

The City's annual Projects are on-going, and the work sites have been previously maintained. Consultant will not flag all individual nesting sites, trees and plants, but will communicate with field Supervisor to avoid impacts to sensitive native species. City has already established the entry points for heavy equipment into the mowing areas. City will map and document the location and quantity of exotics it removes during Project.

The survey is anticipated to take place over multiple days. Consultant will be responsible for presenting data in a timely fashion to City to use in conducting its scheduled channel mowing/flood control activities. The initial pre-maintenance survey work will be documented by Consultant in short memos or e-mails to City.

4. Task 3.

Survey Memos and Monitoring Report: As the Consultant completes each section or group of sections, a brief memo or e-mail shall be provided to City reporting the findings. Generally, the memos will include a description of the resources at each site, the locations of areas with nesting activity, needing mitigation and areas where non-native species removal is being proposed.
14 of27
a. Concrete Channel Cleaning -The biological consultant will perform bird nesting surveys as needed and provide a brief memo or e-mail reporting the findings. If a nesting site is identified the consultant will advise and make recommendations. In addition, post work annual reports will be required to be performed.
b. Earthen Channels -The biological consultant will be responsible for review of final maintenance impact data provided by the City of Poway in both map and table format for impacts to native tree species larger than the 4" dbh threshold and the noxious weeds within the project area. In addition, June 3, 2025, Item #5
letter memos describing work activities in progress, general conditions, and any required mitigation measures will be furnished as needed to City.

The final maintenance memo will include a description of the resources at each mowing site, the mitigation needs (if any) at each location, any impacts outside the limits of work, and areas (with acreage summary) where non-native species removal was completed. City will map and document the location and quantity of invasives removed. c. Reports -City prepares annual report to regulatory agencies as required by permits. For example, the California Dept. of Fish and Wildlife requires an annual report detailing maintenance conducted. Consultant will prepare the biological/environmental monitoring section of the report to be drafted and finalized by Consultant with the direct input, collaboration, and approval of the City of Poway, Public Works Department. Consultant will meet City's timeframe for delivery of report section.

5. Task 4.

Client Coordination: Pre-maintenance Nesting Bird Clearance Surveys - The biological consultant will be responsible for conducting pre-maintenance nesting bird surveys, as requested, prior to any work being conducted during the migratory bird nesting season. After surveys are completed, a letter report will be filed with the City describing any work limitations that would be required to avoid damage to nesting bird species found within areas proposed for maintenance activities.

6. Task 5.

As-Needed Services: As-needed services include but are not limited to:
assisting with regulatory work with Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including Nation Wide Permits (NWP) and Regional General Permits (RGP) and Poway's Habitat Conservation Plan (HCP) as it relates to storm water system maintenance, natural channels, and open space maintenance; work in the Wildland Urban Interface (WUI), and urban forestry lands within the boundaries of Poway. These services include but are not limited to preparing environmental documents according to the procedures established by applicable local, state, and federal agencies (i.e., CEQA, NEPA, etc.).

Services include participation in public scoping meetings, resource agency meetings, securing encroachment permits, synthesizing technical environmental and engineering studies, vegetation mapping, technical writing, alternatives analysis, developing summary reports, developing and monitoring mitigation plans and costs, developing defensible findings, preparing documents in compliance with applicable regulatory agency standards, and securing construction and maintenance permits. Services include developing recommendations for project conformance with local, state, and federal standards, avoidance and minimization of impacts, and mitigation measures.

Detailed knowledge of local, state, and federal regulatory policies and document formats as required.
15 of 27
June 3, 2025, Item #5

7. Unfavorable Maintenance Conditions.

During inclement weather, or other unsuitable maintenance conditions, the Consultant shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Consultant the ability to perform the work in a proper and satisfactory manner.

8. Warranty.

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

9. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposals submitted in writing on May 1, 2025, which is included in this document as Attachment

1. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

10. Term of Agreement.

This Agreement shall be effective from the period commencing August 1, 2025, and ending July 31, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year period upon approval in writing of the City Manager and Consultant. 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 Consultant'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 August 1, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
16 of27
June 3, 2025, Item #5

11. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (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:

12. Notices.

All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
18 of27
To City:

To Consultant:

City of Poway
P.O. Box 789
Poway, CA 92074
Dudek
605 Third Street
Encinitas, CA 92024
(Remainder of page intentionally left blank)
June 3, 2025, Item #5
ATTACHMENT 1
Fee Proposal

FEE PROPOSAL

ANNUAL COST BREAKDOWN BY TASK FOR CONCRETE CHANNEL CLEANING PROGRAM (45 SECTIONS OF CHANNEL)
Estimated hours per task and labor category. Consultant will invoice the City for actual hours expended per task, not to exceed the contract amount. Table shall assume all 45 sections of concrete channels.

Labor Task 1: Task 2: Task 3: Task 4: Total Hours Total Category Permit Recon Monitoring Client Cost
Review Survey Memos Coordination
Project $900
Manager NIA 1 1 1 3 (rune lli.mdr,:d dvlle:~ I
Asst. $630
Project
NIA 1 1 1 3 six: hund,od and
Manager thirty dollars)
Principal
NIA NIA NIA NIA NIA NIA Bioloqist
Restoration
Ecologist NIA NIA NIA NIA NIA NIA
Field $4500
Bioloqist NIA 18 18 NIA 36 four thousand frV«
undred dollars)
GIS $730
Specialist NIA NIA 1 NIA 1 (one hund(ed and
thirtv dollars\
Other:

NIA NIA NIA NIA NIA NIA
Other:

NIA NIA NIA NIA N/A NIA
Total Labor NIA 52,760 $2,890 S510 56,160
{h'IO thousand seven two thou;;ant! ~1ah: t:i.:m:lr,~c (live huncred and NIA (six thousand one
hundre,d and sixty md ninety dollar$ ,-,.,, ..1-11--) and sixtv dollars) Other Direct
-,
$200 $200
Costs NIA (two hundred dollars) (two huncred dollars) N/A NIA TOTAL S2,960 S3,090 S510 $7,070
CONTRACT MIA twv lh1usand nu,❖ jlhro:,.,. lhOUSJl"ld und tll;')l;ly (hv<' hundro;d and NIA scv,111 l11ousarnJ and 1un1rl:'d .::niJ $r(ly doaarsJ dvllars) t-=ndollJG) ;-:-v-enlv dol!ai":i) TOTAL CONTRACT IN WORDS:
_S_e_v_e_n_t_ho_u_s_a_n_d_a_n_d_se_v_e_n_ty _______________ DOLLARS AND zero
[Remainder of Page Left Blank Intentionally]
Environmental and Biological Fieldwork for Storm Water ~intenance Programs 19 of27
CENTS
huncred
29 June 3, 2025, Item #5
DUDEI<
ANNUAL
COST

BREAKDOWN
BY
TASK
FOR

EARTHEN

CHANNEL
MOWING

PROGRAM
(26

SECTIONS
OF

CHANNEL)
Estimated
hours
per
task
and
labor
category
. Consultant
will
invoice
the
City
for
actual
hours
expended
per
task,
not
to
exceed
the
contract
amount.

Table
shall
assume
all
26 sections
of
earthen
channel.

Labor
Task
1:

Task
2:

Task
3:

Task
4:

Total
Hours
Total
Category
Permit
Recon
Monitoring
Client
Cost
Review
Survey
Memos
Coordination
Project
$900
Manager
NIA
1 1
1 3
nm
t:" 11un,jr
";'d
.:i(•Uars
Asst.
$630
Project
NIA
1 1
3 (s,
x l1u
nor"d
zn,
j
Manager
1 lh!rl
/
,jt
1ll.:1rs)
Principal Biologist
NIA
NIA
NIA
NIA
NIA
NIA
Restoration Ecologist
NIA
NIA
NIA
NIA
NIA
N/A
Field
$5,
000
Biologist
NIA
20 20
NIA
40 ffr':"
111,:,u~a
nd
d,:;11<'.ir:,
GIS
$1
30 Specialist
NIA
N/A
1 N/A
1 {,:,n,;. hundr
2,j
,~1-irJ
!h
111',
·rf:,ll=-!r..:.

I
Other:

NIA
NIA
NIA
NIA
NIA
NIA
Other
:

NIA
NIA N
IA
NIA
NIA
NIA
Total
Labor
$3.010
$3,
140
$510
$6,66
0 NIA
(l
lr':'~
111,:,usi
n;;l t~n
d•:,l/
.ars
;
(111r
•?I':"
1!1c,u$
,:s:nd
,:,no;-
(f1
vo:
1·,u
na
r£-:J
an,:J
NIA
Si
~
lt1(1u;
an
,j
SD
1"11.m
c!r-:-,
J
,-:nd

1.:..,11;1
(IOi
l.£:rs)
lft
1 •:\.:
,!lars
1 1uni:
lr,.~d
.:Jnu
s,q
v
dvl
-
Other
Direct
$20
0 $200
Costs
NIA
{tw
,:, 1·,un,
'Jr':"
1:!
,:J,:,11
-:i<~-l
(tv;,:
, hur,,jr,2.j
,joll,,rs
)
NIA
NIA
NIA
TOTAL
$3
,21
0 $3,34
0 $51
0 $/,060

CONTRACT
NIA
{(hr,;,,:

IIF
•LI
S.i:
:r:d
(\,',.'(1
{\Im?
":"
llWU
S<::nr
J ti-,r-;--:
{riv-:-
t1u
ni:lr-?J
rind
NIA
(<;,s,
·\1':"n
thousZJ
n,j
21:i(l
l1und
r':"1.1
an
d
t,::n
d,:,\lars
j
11undr,~
,j t1n
rJ f,:,r;
y
d,:,1!a~s)
t.;
n
,,oll
ars)
~h.tv dollars
J

TOTAL CONTRACT
IN
WORDS
:
_S_e_v_
e_n_t_h_o_us_a_n_d_a_n_d_s_ix_ty:...._
_______________

DOLLARS
AND
ze
ro
CENTS
--------------------------
[Remainder
of
Page
Left
Blank
Intentionally]
Environmental
and
Biological
Fieldwork
for
Storm
Water
Maintenance
Programs
20 of
27 30
June 3, 2025, Item #5
DUDEI<
Hourly
Service
Rate
Labor
Category
Hourly
Rate
(Examples
of
position
titles.

Actual
positions
and
titles
may
differ
and
must
be
filled
in
by
the
proposer)
Project
Manager/Principal
Biologist
$300
(three
hundred
dollars)
Assistant
Project
ManaqerNVetland
Spec
ialist
$210
(two
hundred
and
ten
dollars)
Restoration
Ecologis
t
$175
(one
hundred
and
seven
ty-five
dollars)
Restoration
Biolog
ist
$235
(two
hundred
and
thirty-five
dollars)
Field
Biologist
$125
(one
hundred
and
twenty-five
dollars)
Field
Biologist
$155
(one
hund
red
and
fifty-
five
dollars)
Field
Biolog
ist
$105
(one
hundred
and
five
dollars)
Field
BioloQist
$105
(one
hundred
and
five
dollars)
GIS
Specialis
t
$130
(one hundred
and
thirty
dollars)

CEQA/NEPA
$300 (three
hundred
dollars)
UAS
$165
(one
hundred
and
sixt
y-five
dollars)
Stormwater
$310
(th
ree
hundred
and
ten
dollars)
Urban
Forestry
$210
(two
hundred
and
ten
dolla
rs)
Habitat
Conservation
Planning
$300
(three
hundred
dollars)
Open
Space
Management
$185
(one
hundred
and
eighty-five
dollars)
Compliance
$195
(one
hundred
and
ninety-five
dollars)
[Remainder
of
Page
Left
Blank
Intentionally]
Envir
onmental
and
Biological
Fieldwo
rk for
Storm
Water
Ma
intenance
Programs
21 of
27 31
June 3, 2025, Item #5
DUDEK
2025
Standard
Schedule
of
Charges
Engineering
Services
Project
Director
....................................
..............
.........
...........
. $345.00/hr
Principal
Engineer
Ill
...........
...............
...
.............
...
.....
.....
........
$320.00/hr
Princi
pal
Engineer
II ............
..........
.....
.......
...
.....
....
.........
.........
5300.
00/hr
Principal
Engineer
1 .........
.....
...
...........
......
.........
.....
.................

S290.00/I1r
Program
Manager
.....................
....................
...
.........
.......
.....
.. $275.00/lir
Senior
Project
Manager
...
.........
....................
....
..........
.........
... $275.00/hr
Project
Manager.
......
................
...
..........
......
...........
.....
.......
...
.. $265.00/hr
Senior
Engineer
111 .........
....
.........
........
...................
....
.....
........
. $260.00/hr
Senior
Engineer

11. .............
..........
......
..............
....
...........
......... $250.00/lir
Senior
Engineer

1.. ........
.....
...
....
......
....
...........
......
...
........
.........
$240.00/hr
Project
Engineer
1\
1/Technician
IV
..........................................
$230.00/hr
Project
Engineer
Ill/Technician
111..
...............
........
..................
$220
.00/hr
Project
Engineer
11/Tecl,nician

11. .......
.......
..........
........
............ $210.00/hr
Project
Engineer
I/Technician

1. .....
.....
............
........................
$190.00/hr
3D
Production
Manager
...............
...
..........
...........
...
......
.........
$220.00/hr
Senior
Designer
II ..........
.......
...........
........................
........
.......
$210.00/hr
Senior
Designer
1 ................
.....................
....
............
...............
$200.00/hr
Designer
....
....
......
...
....
.....
.....
................
....
...............................
$190
.00/hr
Assistant
Designer
.....
....
..........
....
...........
....
...
...
.........
.........
....
$185.00/hr
CADD
Operator
111 ...............
.........
...
............
.............
................
$180.00/hr
CADD
Operator
11 ..........................
...........
......
...........
.........
......
$195
.00/hr
CADD
Operator
1 .......
................
.....
......................
....................
$155
.0
0/li
r
CADD
Drafter
..........
......
.......
...
.....
.....
.....
.......
.....
......
........
...
.....
$175.00/lir
CADD
Technician
...............
......
.....
.........
......
...........
............
....

S 125.00/hr
Project
Coordinator
........................
.......
..................
.............
...
5160.00/hr
Eng
ineering
Assistant
....
....
.........
.......................................
.....
$125.00/hr
Environmental
Services
Senior
Project
Director
.......
...............
.........
............
.......
..........
$350.00/lir
Project
Director
.......
........
...............
...
..........
.......
.........
.......
.....
$300.00/hr
Senior
Specialist
V ....
.....
..............
...
....
....
........
.........
....
...
........
$275.00/hr
Senior
Specialist
IV
....................
............
.....
.......................
.....
$265.00/hr
Senior
Special
ist
Ill
.....
...
......
.............
...
...................................
$250.00/hr
Senior
Special
ist
II ......
......
......
.................
.....
..........
....
......
......
$235.00/hr
Senior
Specialist
1 ....
.......
.........
.......................
............
............
$220
.00/lir
Specialist
V ......
.......
....
.......
...
.........
......................
..........
....
......
$210
.00/hr
Specialist
1\1 ................................
...........
....
........
............
..........
$195
.00/hr
Specialist
lll.
.....................
...
........................
...
.........
......
..........
$185.00/llr
Specialist
11 .......................................
...........
...
...
...
.......
.....
.......
$175.00/hr
Specialist

1...
.......
...
.........
.....
...
...
...........
..........
....
.......
....
..........
$165.0D/hr
Analyst
\1 .............
.......
........
.......
........
..........
.......
.......
.........
......
$155.00/hr
Analyst
IV ..........
..........
......
.......
..........
.......................
...............
$145.00/hr
Analyst
111 ..................................
.......
......
.......
................
...........
$135.00/hr
Analyst
11 ........
....
....
....
........
......
...........
...............................
......
$125
.00/hr
Analyst
l ........
.....
....
......
.....
.....
....
......
...........
...........
.........
....
.....
$105
.00/hr
Technician
IV
.............
...
...
.............
...........
............
.........
..........
$100.00/hr
Technician
111 ...
............
....
...................
.......................................
$90.00/hr
Technician
11 ............................
......
..........................
.................
. $80.00/hr
Technician
1 .................
....
...............
.......
...
..............................
... $70.00/hr
Project
Coordinator
ll ...............
..........
.......
..................................
. $170.00/I1r
Project
Coordinator
1 ...............................
.................
........
......
$135.00/hr
Mapping
and
Surveying
Services
UAS
Pilot
.......
.............
...
.....
.......
.......
.....
..................
................
$165.00/hr
Survey
Lead
....
....
............
.....................
...............
........
....
........
$300.00/hr
Surve1•
Manager
.......
..................
.........
......................
........
....
.. $260.00/hr
Survey
Crew
Cl1ief
..........
..................
.....
............
..........
............
$195.00/hr
Survey
Rod
Person
...........
..........
.................
......
......
.......
.........
$145.00/hr
Survey
Mapping
Technician
...
.....................................
........
... $135.00/hr
Construction
Management
Services
Principal
Manager
.............
...
........
...........
..............
..................
$215.00/hr
Senior
Construction
Manager
........
.........
......
.........................
. $195.00/hr
Senior
Project Manager
............................
............
........
......
....
$190.00
/hr
Construction
Manager
....
.......
..............
.....
.............
....
.............
$185.00/hr
Project
Manager/Construction
Management..
..............
.......
.. $175.00/hr
Resident
Engineer
......
.....
......
....
............
......
.........
..........
........
$175.00/hr
Construction
Engineer
........
...
......
.........................
....
........
...... $175.00/hr
On-site
Owner's
Representative
........
........
......
....
....
....
....
....
$160.00/hr
Prevailing
Wage
Inspector
...
..........
...
....
...............
........
.........
.. $160.00/hr
Construction
Inspector
.........
......
......
...
....................................
$150.00/lir
Administrator/Labor
Compliance
.............................
..............
$125.00/hr
DUDEK
22 of27
Hydrogeology/HazWaste
Services
Project
Director
..................................
.....
...
............
.................
$345.00/hr
Principa
l Hydrogeologist/Engineer
111 ........
....
.......
.........
.........
$3

20.00 /hr
Principal
Hydrogeo
logis
l/
Engineer
11 ..........
.................
........... S310.00/hr
Principal
Hyd
rogeologist;Engineer
1 ........
.................
....
..........
$300.00/hr
Senior
Hydrogeotogist
\I/Engineer
V .............
....
.....................
$275.00/hr
Senior
Hydrogeologist
IV/Engineer
IV
............
....
...
.................
$265.00/hr
Senior
Hyd
rogeologist
Ill/Engineer
111..
.....
......
........
......
......
...
. $255.00/hr
Senior
Hydrogeologist
II/Engineer

11. ....
...........
.....
.....
.............
5245.00
/hr
Senior
Hydrogeologist
I/Engineer

1. .................
.....................
.. $235.00/hr
Project
Hydrogeologis
t \I/Engineer
V .
.....................................
$225.00/hr
Project
Hydrogeologist
IV/Engineer
1\1
................
...
..............
... $215.00/hr
Project
Hydrogeologist
Ill/Engineer
111.
...........
..............
........
.. $205.0D/hr
Project
Hydrogeologist
II/Engineer
11 .........
................
.......
......
$195.00/hr
Project
Hydrogeologist
I/Engineer

1. .......................................
$185.00/hr
Hydrogeologist;Engineering
Assistant
............
...
....................
$150.00/hr
Hazlvlat
Field
Techn
ici
an
....
............
..........
....
.....
...........
...
.....
$135.00/hr
District
Management
&
Operations
District
General
Manager
..................................
.......
......
........
$225.00/hr
District
Engineer
........
...
................
................
.............
........
...
.. $215.00/llr
Operations
Manager
.......
.................
.......
...............
........
...
......
5165.00/hr
Dis
tri
ct
Secretary
/Accountant
..........
.........
......
..............
.....
.... $150
.00/hr
Collections
System
Manager
...........
............
.......
.......
.........
....
$150.00/hr
Grade
V
Operato
r ..........
............
.............
...........
..........
............
$140.00/hr
Grade
IV
Operator
.........
...................
....
.........
....
..........
........
....
5125.00/hr
Grade
Ill
Opera
tor
......
........
........
.......
.......
...
........
....................
$115.00/hr
Grade
II Operator
...............................
..........
.....
.....
....
...............
$95.00/hr
Grade
I Operator
....................................
......
......
...
......
..............
$90.00/hr
Operator
in
Training
.........
....
....
.......
...............
.......
.......
....
.........
$80.00/hr
Collection
Maintenance
Worker
.........
.....
.....
............................
$85
.00
/hr
Project
Delivery
Services
Tecl1nology
Specialist
11 ..............
........
......
....................
...
.......
$245.00/hr
Technology
Specialist

1...
.........
....
............
....
.....
..........
......
......
5190.00/hr
GIS
Analyst
\1 ...........
..............
.......
....
................
.........
..............
$220.00/hr
GIS
Analyst
IV
.......
................
...........
..............
.........
......
...........
$200.00/hr
GIS
Analyst
111 ...
....................................................................... $185.00/hr
GIS
Analyst
11 ......
............
...................
..........
............
....
............

S145.00/hr
GIS
Analyst

1..
....................
...
...................................................
$130.00/hr
Creative
Services
IV
......
.....
........
.............................................
$185.00/hr
Creative
Services
Ill
........
.......
.......
...........
...
......
......
........
........
$160.00/llr
Creative
Services
11 .....................
...
...............
....
..........
......
......
$145.00/hr
Creative
Services
1 ...........
......................
............
......
..............
. $130.00/llr
Technical
Editor
IV
.................
...
.............
....
.......
......................
$185.00/hr
Technical
Editor
111
........
.............
..........
...........
.....
...................
$160.00/hr
Technical
Editor
11 ...................................
.........
......
.................
$145.00/hr
Technical
Editor
1 ......................
.....
...
......................................
$130.00/hr
Publications
Specialist
IV
.........
............
.....
.....
.....................
... S135.00/hr
Publications
Specialist
111 ..........
.....
...............................
..........
$125.00/hr
Publications
Specialist
11 ...........
...
...........
................
........
....
....
$115.00/hr
Publications
Specialist
1 ....
......
.........
.......
......
..........
....
......
.....
$105.00/hr
Clerical
Administration
.................
......
..............
.......................
$100.00/hr
Exp
ert
Witness
-Court
app
earances.
dcposil
ions.
and
interrogatories
as
expert
witness
will
be
billed
at 2.00
times
normal
rates.

Emerg
enqa
nd
Holi
da~
·s
-
Minimum
charge
of
two
hours w
ill
be
billed
at

1.75 times
the
normal
rate.

Material
and
Outs
ide
Services
-
Subcontractors.
rcntQI
of
specia
l equipment.
special
reproduction
s
and
blueprinting.
outside
data
processing
ant.1
computer
services.
etc
..
are
charged
at

1.15 times
tti
e
cJircc
! cos
t.

Travel
Expens
es
-Mileage
nt
current
IRS
allowable
rates.

Per
diem
wt1e
rc overnight
stay
is
involved
is
charged
a1
cost
Invoice
s,
Late
Charges
-
All
fce-s
\':ill
be
billed
to
Cli
ent
montl1l
y
and
shall
be
due
'and
pn~
1ablc
t1pon
receipt.

In
voices
are
del
inquent
ir
not
na
id
witt1in
30 day
s
from
the
date
of
the
invoice.

Client
agrees
to
pay
interest
at
a
10 1:. annual
rate
for
amoL1nts
unpaid
greate
r than
30 dars
after
the
date
or
the
invoice.

Ann
ua
l ln
cr
caws
-Unless
ident
1f1ed
other
wi
se.
these
standard
rates
wi
ll increas
e
in
line
with
t11e
CPl·U
for
;.h
e
nea
rest
urban
area
per thi:!
Oap
anm
ent
or
Labor
Statistics
to
where
the
work
1s
being
comp
leted
) or
lly
3 1::. annua
lly.
whichever
is
higher.

Prevailing
Wt1gc
-
Tl1e
rotes
listed
abov
e
assume
prevailing
wage
rates
do
not
uppl~
·. If
this
vssumpt
io
n
1s
incorrect
Dudek
reserv
es tile
right
to
adjust
its
rate
s .iccorclingl
y.

EFFECTIVE

JANUARY
1,
2025
Updated
March
6,
2025
June 3, 2025, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act 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)
23 of 27
(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 June 3, 2025, Item #5
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receIvIng unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
24 of27
(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 June 3, 2025, Item #5
days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 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).
25 of27
June 3, 2025, Item #5

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

ENVIRONMENTAL AND BIOLOGICAL FIELDWORK FOR STORM WATER

MAINTENANCE PROGRAMS
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.

Consultant
Date
26 of 27
June 3, 2025, Item #5

WORKERS'

COMPENSATION

INSURANCE

CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Consultant
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."
Consultant
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."
27 of
27 June 3, 2025, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
June 3, 2025
Honorable Mayor and Members of the City Co~cil
Eric Heidemann, Director of Public Works If
Danielle McIntosh, Senior Management Anaj.yrS_~~
(858) 668-4729 or [email protected] ' /

CITY COUNCIL
Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 19-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
The California Landscape and Lighting Act of 1972 (ACT), and its amendments (Proposition 218) allow for the collection of assessments from parcels annexed into Landscape Maintenance District 19-1 (LMD 19-1) for the purpose of maintaining LMD 19-1 's landscape improvements. In order to collect assessments, Chapter 3 of the ACT requires a resolution declaring the intention to levy and collect assessments, and an engineer's report which are included in this document as Attachment A and Attachment B, respectively. Fiscal Year (FY) 2025-26 assessment rate is proposed to increase from the FY 2024-25 assessment rate by 3.0 percent, to $982.22 per benefit unit per year, based on a voter approved inflator cap on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers (CPI).

The adoption of this resolution is the first step in a two-step process and serves to set the date for the required public hearing. The proposed assessments will not be considered for adoption until the public hearing scheduled for July 15, 2025.

Recommended Action:

It is recommended City Council adopt the Resolution to initiate the process required to levy and collect assessments for the upcoming fiscal year within Landscape Maintenance District 19-1, in accordance with state law, and to set the date for the public hearing, giving property owners the opportunity to review and comment on the proposed assessments.

Discussion:

LMD 19-1 was formed on May 21, 2019, to maintain landscape improvements installed in conjunction with new subdivisions within the boundaries of LMD 19-1. A map showing LMD 19-1's boundaries is included as Attachment C.
1 of37
June 3, 2025, Item #6
LMD 19-1 includes the following non-residential (commercial) developments:

TRACT PROJECT NAME
TTM 85-04 Pomerado Business Park I and II
TTM 86-02R Tech Business Center
TTM 87-13 Parkway Business Centre I and II
TTM 88-04R Trident Center
TTM 98-05 Parkway Business Centre Ill
TTM 99-07 Legacy/Toppan
DR 95-13 Watkins Terminals
DR 97-47 Discovery Isle
TTM 00-01 Poway Views, LLC
DR 03-13 Costco/Home Depot
TTM 86-02R Poway Corporate Center
TPM 06-04 Slough Poway 11, LLC
Section 22624 of the Streets and Highways Code requires City Council to approve an engineer's report and adopt a resolution of intention prior to establishing the annual budget. The engineer's report (Attachment B) is prepared each year by an outside engineering firm and provides a detailed, transparent analysis to support the proposed assessment. It also outlines the proposed FY 2025-26 budget and the resulting assessments.

FY 2025-26 assessment rate is proposed to increase from the FY 2024-25 assessment rate by 3.0 percent, to $982.22 per benefit unit per year. There are currently 322 commercial parcels proposed to be assessed within LMD 19-1.

On May 21, 2019, a ballot measure was proposed and passed, to reorganize Landscape Maintenance District 87-1 (LMD 87-1) by detaching 327 commercial properties and forming a new landscape maintenance district (LMD 19-1 ). Existing residential development areas within LM D 87-1 remained as LMD 87-1. Certain improvements provide a shared benefit to properties in LMD 19-1, and other adjacent properties are, therefore, equally funded by the LMD 19-1 and other sources (LMD 87-1 and/or the General Fund). For a full description of these shared improvements, please refer to the engineer's report.

LMD 19-1 includes a voter-approved inflator which helps revenues keep pace with inflation. Annual assessment rate increases are capped at 3.0 percent of the annual change in the CPI. Because projected expenditures are exceeding revenues, an increase of 3.0 percent is requested at this time.

Service levels for landscape maintenance are at service level A. Service level A consists of performing landscape maintenance (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 19-1 on a weekly basis.

Proposition 218, passed by California voters on November 5, 1996, expands the requirements for public notification and imposes the requirement of special district balloting. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with Article XIII D as added to the California Constitution. All parcels currently assessed were annexed into LMD 87-1 prior to its reorganization and formation of LMD 19-1 by owner consent at the time of development, making them exempt from the procedures and approval process set forth in Section 4 of this Article. However, this does not 2 of37
June 3, 2025, Item #6
preclude any assessments that would be increased in future years. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4 of Article XIII D.

As required under assessment law (Landscape and Lighting Act of 1972 and its amendments), an engineer's report and assessment recommendations must be presented at a public hearing for Council consideration and public comment on an annual basis, which is scheduled for July 15, 2025.

The engineer's report (Attachment B) has been found technically correct as presented.

Environmental Review:

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

Fiscal Impact:

LMD 19-1 includes a voter-approved inflator which helps revenues keep pace with inflation. The assessment rate for FY 2025-26 is capped at 3.0 percent or the annual change in the San Diego Carlsbad Consumer Price Index for All Urban Consumers, whichever is less. Revenues collected at the rate of $982.22 per benefit unit per year, an estimated total of $858,838, will be used for LMD 19-1 's maintenance costs during FY 2025-26. A General Fund contribution of $243,998 will be made based upon average maintenance costs for the landscaped medians and rights-of-way that provide general benefit to the City.

Public Notification:

None.

Attachments:

A Resolution
B. Engineer's Report
C. LMD 19-1 Map
Reviewed/ Approved By:

Went, Kaserman
Assistant City Manager
3 of 37
Reviewed By:

Alan Fenstermacher
City Attorney
App;Jo;>
Chris Hazeltine
City Manager
June 3, 2025, Item #6
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, DECLARING THE INTENTION TO LEVY

AND COLLECT ASSESSMENTS WITHIN POWAY LANDSCAPE
MAINTENANCE DISTRICT NO. 19-1 FOR FISCAL YEAR 2025-26

AND APPROVING THE ENGINEER'S REPORT
WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 19-1 for the purpose of maintaining, servicing, and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer's Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972; WHEREAS, assessments will increase from the Fiscal Year 2024-25 assessment rate of $953.54 per net acre per year to $982.22, based on a voter-approved inflator cap on the annual change in the San Diego-Carlsbad Consumer Price Index for All Urban Consumers for Parkway Business Centre I and II, Tech Business Center, Slough Poway II, LLC, Pomerado Business Park I and II, Trident Center, Discovery Isle, Parkway Business Centre Ill, Legacy/Toppan, Poway Corporate Center, Poway Views, Watkins Terminals and Costco/Home Depot; WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. This general benefit contribution for Landscape Maintenance District No.19-1 has been calculated to be $243,998;
WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2025-26 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and WHEREAS, the public interest and convenience require the maintenance, service, and operation of public landscaping within said territory.

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

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: Proposed assessments are as detailed in the Engineer's Report for Poway Landscape Maintenance District No. 19-1 for Fiscal Year 2025-26 included in the staff report as Attachment B.

SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:

Tuesday, July 15, 2025, at 7:00 p.m.
4of37 ATTACHMENT A
June 3, 2025, Item #6
Resolution No. 25-

Page 2 ends

At that time, this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn represent property owners owning more than 50 percent of the assessable area of land within the District.

SECTION 4: The City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in the Poway News Chieftain, a newspaper of general circulation in the City of Poway, not less than ten (10) days prior to the date set for the public hearing.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 3rd day of June, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of37
June 3, 2025, Item #6
6 of37

CITY OF POWAY
2025/26 Engineer's Report For:

Landscape Maintenance District 19-1
May 2025
Prepared by:
helping communities
fund tomorrow
nbsgov.com ATTACHMENT B
Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
June 3, 2025, Item #6
7 of37
CITY
OF
POWAY

LANDSCAPE

MAINTENANCE

DISTRICT
19-1
14467
Lake
Poway
Road
Poway,
CA
92064
Phone
-
(858)
668-4700
CITY

COUNCIL
Steve
Vaus,
Mayor
Peter
De
Hoff,
Deputy
Mayor
Christopher
Pikus,
Councilmember
Tony
Blain,
Councilmember
Jenny
Maeda,
Councilmember
CITY
STAFF
Chris
Hazeltine,
City
Manager
Wendy
Kaserman,
Assistant
City
Manager
Alan
Fenstermacher,
City
Attorney
Eric
Heidemann,
Director
of
Public
Works
Danielle
McIntosh,
Senior
Management
Analyst
NBS
Stephanie
Parson,
Client
Services
Director
Tiffany
Ellis,
Project
Manager
Christine
Drazil,
Analyst
June 3, 2025, Item #6
TABLE
OF

CONTENTS

1. Engineer's
Letter
............................................................................................................. 1 2.

Introduction
................................................................................................................... 2 2.1
Background
..........................................
....
.....................................
...........................
2 2.2
Process
for
Annual
Assessment
........
....
............
......................................................
2 2.3
Legislative
Context
.................................................................................................. 3 2.4
Improvements
Authorized
By
The
1972
Act
........................................................... 4 3.

Plans
and
Specifications
.................................................................................................. 6 3.1
Boundaries
of
the
District
...............
....
.................................................................... 6 3.2
Description
of
District
Improvements
................................
....................................
. 6

4. Estimate
of
Costs
..............................
....................................................................... ..... 10
S.

Method
of
Apportionment
............................................................................................ 11 5.1
General
......................................
.............
...
..........................
...........
..........
.............
11 5.2
Benefit
Analysis
........................................................ .......
..........
.....................
.......
12 5.3
Assessment
Methodology
.................
...................................
.................................
15 5.4
Calculation
of
Assessments
...................................................
................................
17 5.5
Assessment
Range
Formula
..........
....
................................
...
.........
........................
18 APPENDIX
A:

District
Assessment
Diagram
.............................................................................

APPENDIX
B:
2025/26
Assessment
Roll
...
...............................................................................

B
8 of37
June 3, 2025, Item #6

1. ENGINEER'S LETTER
WHEREAS, the City Council of the City of Poway (the "City"), State of California, under the Landscaping and Lighting Act of 1972 (the "Act"), directed NBS to prepare and file the annual Engineer's Report for the Landscape Maintenance District No. 19-1 (the "District") for Fiscal Year 2025/26, in accordance with Article 4 of Chapter 1 of the Act and Article XIII D of the California Constitution. The report presents the plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the administration, maintenance, operations and servicing of the improvements for Fiscal Year 2025/26, the diagram for the District, showing the area and properties to be assessed, and assessing the net amount upon the assessable lots and/or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the assessments as detailed in this Engineer's Report and as summarized in the table below are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received.

I, the undersigned, respectfully submit this Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared, computed and levied in accordance with the assessment methodology adopted, approved and ordered by the City Council of the City of Poway at the time of District formation.

ONBS-
9 of37
City of Poway
John G. Egan, P. E.

Assessment Engineer
2025/26 Engineer's Report-Landscape Maintenance District 19-1 1 June 3, 2025, Item #6

2. INTRODUCTION

2.1 Background
Pursuant
to
the
provisions
of
the
Landscape
and
Lighting
Act
of
1972,
being
Part
2 of
Division
15 of
the
California
Streets
and
Highways
Code,
commencing
with
Section
22500
(the
"1972
Act"),
and
in
compliance
with
the
substantive
and
procedural
requirements
of
Article
XIII
D,
Section
4 of
the
California
State
Constitution
(the
"California
Constitution")
and
the
Proposition
218
Omnibus
Implementation
Act
(the
"Proposition
218"),
being
Government
Code
section
53750
et
seq.,
the
City,
reorganized
the
City's
previously
established
Landscape
Maintenance
District
No
. 87-1
("LMD
No.
87-1")
by
detaching
certain
territory
from
LMD
No.
87-1
and
forming
a new
landscape
maintenance
district,
LMD
19-1.

On
May
21,
2019,
the
City
Council
of
the
City
of
Poway
conducted
a
public
hearing
and
ballot
proceeding
for
the
formation
of
District,
that
includes
the
detached
territory
and
new
parcels.

These
change
proceedings
were
made
to
better
address
the
estimated
special
benefit
improvement
costs
and
proportional
special
benefits
received
by
each
property
associated
with
the
various
improvements
being
provided
in
the
area.

2.2 Process
for
Annual
Assessment
As
required
by
the
procedures
specified
in
the
1972
Act,
an
Engineer's
Report
must
be
prepared
on
an
annual
basis
which
contains
a full
and
detailed
description
of
the
improvements,
the
boundaries
of
the
assessment
district
and
any
zones
therein,
and
the
proposed
assessments
upon
assessable
lots
and
parcels
of
land
within
the
assessment
district.

The
City
Council
must
also
annually
adopt
a resolution
of
intention
which:
•
Declares
the
intention
of
the
City
Council
to
levy
and
collect
assessments
within
the
assessment
district
for
the
fiscal
year
stated
therein;
•
Generally
describes
the
existing
and
proposed
improvements
and
any
substantial
changes
proposed
to
be
made
in
existing
improvements;
•
Refers
to
the
assessment
district
by
its
distinctive
designation
and
indicates
the
general
location
of
the
assessment
district;
•
Refers
to
the
report
of
the
engineer,
on
file
with
the
City
Clerk,
for
a full
and
detailed
description
of
the
improvements,
the
boundaries
of
the
assessment
district
and
any
zones
therein,
and
the
proposed
assessments
upon
assessable
lots
and
parcels
of
land
within
the
assessment
district;
•
Gives
notice
of
the
time
and
place
for
public
hearing
by
the
City
Council
on
the
levy
of
the
proposed
assessment;
and
•
States
whether
the
assessment
is
proposed
to
increase
from
the
previous
year.

If the
assessments
are
to
be
levied
in
the
same
or
lesser
amounts
than
the
maximum
assessment
allowed,
the
City
Clerk
shall
give
notice
of
the
public
hearing
by
causing
the
resolution
of
intention
to
be
published.

Any
interested
person
may,
prior
to
the
conclusion
of
the
public hearing,
file
a written
protest
which
shall
state
all
grounds
of
objection.

The
protest
shall
contain
a description
sufficient
to
identify
the
property
owned
by
the
property
owner
filing
the
protest.

During
the
course
or
upon
conclusion
of
the
hearing,
the
City
Council
may
order
changes
in
any
of
the
matters
provided
in
the
report,
including
changes
in
the
improvements,
any
zones
City
of
Poway
2025/26
Engineer's
Report-
Landscape
Maintenance
District
19-1
2 June 3, 2025, Item #6
within the assessment district, and the proposed diagram or the proposed assessment. If the assessment to be levied exceeds the maximum assessment allowed, the City must comply with the procedures specified in Article XIII D and Proposition 218.

The City Council, upon conclusion of the public hearing must then adopt a resolution confirming the diagram and assessment, either as originally proposed or as changed by it. The adoption of the resolution shall constitute the levy of an assessment for the fiscal year referred to in the assessment. If confirmed, the assessments would be submitted to the County Auditor Controller for inclusion on the property tax roll.

2.3 Legislative Context
In 1996, California voters adopted Proposition 218, known as the "Right to Vote on Taxes Act," which added Articles XIII C and XIII D to the California Constitution. Article XIII D established new substantive and procedural requirements on agencies for levying assessments, being levies on real property by an agency for a special benefit conferred upon the real property. "Special benefit" is defined in Article XIII D as "a particular and distinct benefit over and above general benefits conferred on a real property located in the district or to the public at large."
Article XIII D imposes five basic substantive requirements on assessments:
• All parcels that will have a special benefit conferred upon them and upon which an assessment will be imposed must be identified;
• The general benefits must be distinguished from the special benefits conferred on the parcels; • The proportionate special benefit derived by each identified parcel must be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided;
• The amount assessed to a parcel must not exceed the reasonable cost of the proportional special benefit conferred on that parcel and must not include any costs attributable to the general benefit; and
• Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.

Since the initial passage of Proposition 218, several court rulings have helped provide context and direction with respect to the procedures and requirements of Article XIII D for levying assessments. The City has reviewed the provisions of Article XIII D and has made the following findings and determinations:
• Pursuant to Article XIII D, Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIII D, Section 4, and property owner balloting for the assessments is not required until such time that the assessments are increased. Since the District assessments were imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessments at the time the assessments were initially imposed, Article XIII D Section 5 (b) exempts the existing assessment amounts (approved original assessment rates including any applicable annual escalation factor) from the procedural requirements of Article XIII D, Section 4; and City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 3 June 3, 2025, Item #6
•
The
provisions
of
Article
XIII
D
do
not
alter
the
non-conflicting
provisions
of
the
1972
Act.

As
such,
the
method
of
apportionment
described
in
this
Report
utilizes
commonly
accepted
assessment
engineering
practices
consistent
with
the
1972
Act
and
the
provisions
of
Article
XIII
D.

The
proposed
assessments
for
the
current
fiscal
year
are
less
than
or
equal
to
the
adjusted
maximum
assessment
rate
previously
approved
and
adopted
for
the
District.

The
application
of
this
adjusted
maximum
assessment
rate
for
the
various
land
uses
within
the
District
is
described
in
more
detail
in
Section
Ill
D
of
this
Report.

Any
proposed
assessment
that
exceeds
the
adjusted
maximum
assessment
rate
is
considered
an
increased
assessment
. Pursuant
to
the
provisions
of
Article
XIII
D,
all
new
or
increased
assessments
(the
incremental
increase)
are
subject
to
both
the
substantive
and
procedural
requirements
of
Article
XIII
D,
Section

4. 2.4
Improvements
Authorized
By
The
1972
Act
As
applicable
or
may
be
applicable
to
this
proposed
District,
the
1972
Act
defines
improvements
to
mean
one
or
any
combination
of
the
following:
•
The
installation
or
planting
of
landscaping;
•
The
installation
or
construction
of
statuary,
fountains,
and
other
ornamental
structures
and
facilities;
•
The
installation
or
construction
of
public
lighting
facilities;
•
The
installation
or
construction
of
any
facilities
which
are
appurtenant
to
any
of
the
foregoing
or
which
are
necessary
or
convenient
for
the
maintenance
or
servicing
thereof, including,
but
not
limited
to,
grading,
clearing
,
removal
of
debris,
the
installation
or
construction
of
curbs,
gutters,
walls,
sidewalks,
or
paving,
or
water,
irrigation,
drainage,
or
electrical
facilities;
•
The
maintenance
or
servicing,
or
both,
of
any
of
the
foregoing;
and
•
The
acquisition
of
any
existing
improvement
otherwise
authorized
pursuant
to
this
section.

Incidental
expenses
associated
with
the
improvements
including,
but
not
limited
to:
•
The
cost
of
preparation
of
the
Report,
including
plans,
specifications,
estimates,
diagram,
and
assessment;
•
The
costs
of
printing,
advertising,
and
the
publishing,
posting
and
mailing
of
notices;
•
Compensation
payable
to
the
County
for
collection
of
assessments
;
•
Compensation
of
any
engineer
or
attorney
employed
to
render
services;
•
Any
other
expenses
incidental
to
the
construction,
installation,
or
maintenance
and
servicing
of
the
improvements;
•
Any
expenses
incidental
to
the
issuance
of
bonds
or
notes
pursuant
to
Section
22662.5;
and
•
Costs
associated
with
any
elections
held
for
the
approval
of
a
new
or
increased
assessment.

The
1972
Act
defines
"maintain"
or
"maintenance"
to
mean
furnishing
of
services
and
materials
for
the
ordinary
and
usual
maintenance,
operation,
and
servicing
of
any
improvement,
including:

City
of
Poway
2025/26
Engineer's
Report-
Landscape
Maintenance
District
19-1
4 June 3, 2025, Item #6
• Repair, removal, or replacement of all or any part of any improvement; • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; • The removal of trimmings, rubbish, debris, and other solid waste; and • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 5 June 3, 2025, Item #6

3. PLANS AND SPECIFICATIONS

3.1 Boundaries of the District
The District Assessment Diagram, which is incorporated herein by reference and made a part of this Engineer's Report, is on file with the Special Districts Office ofthe Public Works Department ofthe City of Poway and are available for public inspection during normal business hours.

The District is located within the southern region of the City, comprised of the non-residential and vacant properties generally located north of Beeler Canyon Road and the City limits, east of Old Pomerado Road and the City limits, west of Sycamore Canyon Road. The parcels within the District include all or a portion of the parcels identified on the following San Diego County Assessor's Parcel Maps:
• Book 317 Pages 22, 27, 28, and 81;
• Book 320 Pages 01, 03, 20, and 22; and
• Book 323 Pages 09, 48 and 50
No new improvements or assessed parcels were added to the District during Fiscal Year 2025/26.

3.2 Description of District Improvements
The work and improvements proposed to be undertaken by the City and the cost thereof paid from the levy of the annual assessment provide special benefit to assessor parcels within the District defined in the Method of Apportionment herein. Consistent with the 1972 Act, the improvements are generally described below.

The various improvements to be maintained by the District have been installed in connection with the development of properties for the benefit of those properties, and/or proportionately shared with nearby adjacent developments, or were otherwise considered necessary or required for the development of properties within the District to their full and best use and/or the adjacent developments that proportionately benefit and share those improvements.

The work to be performed within the District may include, but is not limited to (as applicable), the personnel; materials; equipment; electricity; water; contract services; maintenance, repair and rehabilitation of the improvements; and incidental expenses required to operate the District and provide the improvements and services.

The landscape improvements to be funded by the District assessments may include, but are not limited to:
turf; ground cover; shrubs and plants; areas of natural vegetation; trees; irrigation systems; specific masonry walls, including sound walls and retaining walls; monuments; hardscapes; and other related appurtenant facilities within the Districtthat have been dedicated to the City for maintenance, including, but are not limited to:
• Median island landscaping and hardscape improvements within the District; • Designated streetscape side-panel landscaping adjacent to the streets and properties within the District, including parkways, slopes and entryways; and City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 6 June 3, 2025, Item #6
• Designated non-street landscaping and/or vegetation management areas, including, but not limited to, open space areas, greenbelts, and landscaping located adjacent to the properties within the District.

The improvements within this District provide direct advantages to the parcels in the District (i.e., special benefits) that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. The parcels are proportionately assessed, in whole or in part, for the special benefits they receive from the improvements. The improvement plans and specifications for the District are on file in the Office of Public Works of the City of Poway and by reference these improvement plans, and specifications are made part of this Report. The parcels within District are proportionately assessed, in whole or in part, for the special benefits they receive from the overall landscape improvements within the District, including, but not limited to, landscape areas on and around Pomerado Road, Community Road, Stowe Drive, Scripps Poway Parkway, Treadwell Drive, and Creek Road.

The landscape improvements are dispersed throughout the District in immediate proximity to each of the assessed parcels and are generally summarized by the following:
• 34,462 square feet of streetscape landscaping located on the east side of Pomerado Road from Stowe Drive to approximately 730 feet north of Stowe Drive;
• 7,024 square feet of landscaped median and 1,959 square feet of hardscaped median on Pomerado Road north of Stowe Drive. These improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and another revenue sources (General Fund and/or LMD No. 87-1);
• 120,224 square feet of streetscape landscaping located on the east side of Pomerado Road between Stowe Drive and Scripps Poway Parkway;
• 30,168 square feet of landscaped median and 2,853 square feet of hardscaped median located on Pomerado Road between Stowe Drive and Scripps Poway Parkway. These median improvements provide a shared benefit to properties on the west side of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and/or LMD No. 87-1); • 7,932 square feet of streetscape landscaping located on the south side of Scripps Poway Parkway between the western City limit and Pomerado Road (that portion adjacent to the District parcels). The remaining 199,333 square feet of landscaping on the south side of Scripps Poway Parkway between the western City limit and Pomerado Road is not part of LMD No. 19-1 and not assessed); • 11,362 square feet of landscaped median and 1,366 square feet of hardscaped median located on Scripps Poway Parkway between the western City limit and Pomerado Road. These median improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and/or LMD No. 87-1);
• 39,687 square feet of streetscape landscaping located on the south side of Treadwell Drive between Pomerado Road and 828 feet west of Pomerado Road. These landscape improvements provide a shared benefit to properties in the District and the residential development south of Treadwell Drive (LMD No. 87-1) and are therefore equally funded by the District and LMD No. 87-1); City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 7 June 3, 2025, Item #6
• 5,704 square feet of landscaped median and 1,657 square feet of hardscaped median area located on Pomerado Road between Treadwell Drive and the southern City limits. These median improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and /or LMD No. 87-1); • 48,785 square feet of streetscape located on the west and east sides of Pomerado Road between Scripps Poway Parkway and Treadwell Drive;
• 3,675 square feet of landscaped median and 1,971 square feet of hardscaped median on Pomerado Road between Scripps Poway Parkway and Treadwell Drive; • 16,528 square feet of streetscape landscaping located on the north side of Creek Road between Pomerado Road and 345 feet east of Pomerado Road;
• 954,945 square feet of streetscape landscaping located on the north and south side of Scripps Poway Parkway between Pomerado Road and Kirkham Road;
• 52,151 square feet of landscaped median and 1,654 square feet of hardscaped median on Scripps Poway Parkway between Pomerado Road and Kirkham Road;
• 133,059 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Kirkham Road and Community Road;
• 11,630 square feet of landscaped median and 4,835 square feet of hardscaped median on Scripps Poway Parkway between Kirkham Road and Community Road;
• 24,247 square feet of streetscape landscaping located on the east and west sides of Community Road between Scripps Poway Parkway and Gregg Street;
• 288,761 streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Community Road and Parkway Centre Drive;
• 31,701 square feet of landscaped median and 25,834 square feet of hardscaped median on Scripps Poway Parkway between Community Road and Parkway Centre Drive; • 159,212 square feet of streetscape located on the north and south sides of Scripps Poway Parkway between Parkway Centre Drive and Stowe Drive;
• 23,355 square feet of landscaped median and 19,951 square feet of hardscaped median on Scripps Poway Parkway between Parkway Centre Drive and Stowe Drive; • 18,394 square feet of streetscape landscaping located on the west side of Stowe Drive between Scripps Poway Parkway and Kirkham Road;
• 138,966 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Stowe Drive and Danielson Street;
• 31,146 square feet of landscaped median and 26,746 square feet of hardscaped median on Scripps Poway Parkway between Stowe Drive and Danielson Street; • 36,176 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Danielson Street and 2,000 feet east of Danielson Street; City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 8 June 3, 2025, Item #6
• 31,146 square feet of landscaped median and 26,746 square feet of hardscaped median on Scripps Poway Parkway between Danielson Street and 2,000 feet east of Danielson Street; • 8,248 square feet of streetscape landscaping located on the west side of Stowe Drive between Danielson Street and Scripps Poway Parkway;
• 29,242 square feet of streetscape landscaping located on the south side of Stowe Drive between Crosthwaite Circle East and Danielson Street;
• 15,662 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Parkway Centre Drive and Crosthwaite Circle East; • 87,089 square feet of streetscape located on the north and south sides of Stowe Drive between Crosthwaite Circle West and Parkway Centre Drive;
• 121,596 square feet of streetscape landscaping located on the south side of Stowe Drive between Mclvers Court and Crosthwaite Circle West;
• 77,176 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Community Road and Mclvers Court;
• 2,362 square feet of hardscaped median on Community Road between Danielson Street and Scripps Poway Parkway;
• 80,993 square feet of streetscape landscaping located on the east and west sides of Community Road between Stowe Drive and Danielson Street;
• 3,925 square feet of landscaped median and 2,270 square feet of hardscaped median on Community Road between Stowe Drive and Danielson Street;
• 78,347 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Brookprinter Place and Community Road;
• 6,518 square feet of streetscape landscaping located on the north side of Stowe Drive between Kirkham Road and Brookprinter Place;
• 588,134 square feet of streetscape landscaping located on the east and west sides of Community Road between Metate Lane and Stowe Drive;
• 25,082 square feet of landscaped median and 1,365 square feet of hardscaped median on Community Road between Metate Lane and Stowe Drive;
• 186,055 square feet of streetscape landscaping located on the east side of Community Road from 900 feet north of Metate Lane to Metate Lane;
• 29,161 square feet of streetscape landscaping located on the south side of Metate Lane from 670 feet west of Community Road to Community Road; and
• 648,074 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Pomerado Road and Lavelli Way.

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 9 June 3, 2025, Item #6

4. ESTIMATE
OF
COSTS
Fiscal
Year
2025/26
estimated
costs
of
maintenance
and
servicing
the
improvements
as
described
in
the
Plans
and
Specifications
of
this
Engineer's
Report
are
summarized
below.

Description
of
Annual
Costs

EXPENDITURES
:

Maintenance Water/power Administrat
ion
Total
Expenditures
REVENUES:

City
General
Benefit
Contribution
Additional
General
Fund
Contribution1
4l
Assessment
Revenue
Interest
Revenue
Miscellaneous Total
Revenues

DISTRICT
STATISTICS:

Total
Number
of
Parcels
Total
Parcels
Levied
Total
Number
of
Benefit
Units
Rate
per
Benefit
Unit

OPERATING
RESERVE:

Beginning
Reserve
Balance
Transfers
In/Out
(CIP)
Reserve
Fund
Activity
Estimated
Ending
Reserve
Balance

CAPITAL

IMPROVEMENT
RESERVE:

CIP
Fund
Balance
CIP
Transfers
In/Out
(Operating
Reserve)
CIP
Set-Aside
BalancelsJ
(1)
Actual
budget.
(2)
Estimated
budget.
(3)
Proposed
budget.

Fiscal
Year
Fiscal
Year
Fiscal
Year
2023/241
1)
2024/251
2)
2025/261
3)
$506,113 $541,727 $801,890 $218,104 $228,424
$405,555
$194,588
$304,732
$304,732
$918,805
$1,074,883 $1,512,177
$169,717
$178,033 $183,511
$23,226
$42
,192
$60,487
$791,585
$833,763 $858,838
$18,215
$11
,741
$14,978
$7,896
$0
$3,948
$1,010,639 $1,065,729 $1,121,762
356 356
356
322
322
322
874.39
874
.39
874
.39
$925.77 $953.54
$982
.22
$475,937
$592,934
$307,373
$296,059
$0
$899,612
($179,062) ($285,561)
($450,897)
$592
,934
$307,373
$756,088
$521,059
$225,000
$225,000
($296,059)
$0
{$899,612)
$225,000
$225,000
{$674,612)
$225,000 $225,000 $250,000
(4)
An
additional
General
Fund
Contribution
has
been
added
to
the
budget
due
to
the
increased
cost
of
maintenance
since
the
formation
of
the
district.

The
sum
of
the
City
General
Benefit
Contribution
and
the
Additional
General
Fund
Contribution
is
proportional
to
the
amount
of
the
City
General
Benefit
Contribution
as
a percentage
of
the
maintenance
expenses
at
district
formation
. The
two
General
Fund
Contribution
s have
been
split
as
shown
herein
for
trac
king
purposes
.
(5)
CIP
Projects
: Replacementof4
irrigation
booster
pumps
and
median
rehabilitation
(S
cripps
Poway3
each)
.

City
of
Poway
2025/26
Engineer
's Report-
Landscape
Maintenance
District
19-1
10 June 3, 2025, Item #6

5. METHOD OF APPORTIONMENT
The following section of the Engineer's Report includes an explanation of the benefits to be derived from the installation, maintenance and servicing of the improvements throughout the Districts, as well as a description of the assessment methodology used to apportion the total assessment to properties within each District.

Historical annual Engineer's Reports were prepared by a different engineer of record and specific language from those historical Engineer's Reports have been referenced to describe the Method of Apportionment within the following section of this report.

5.1 General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:

The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

The formulas used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and activities provided, and have been designed to fairly apportion the costs of providing those improvements based on the determination of proportional special benefits to each parcels, consistent with the 1972 Act and the provision of Article XIII D.

The costs to operate and maintain the District improvements are identified and allocated to properties within the District based on the special benefits conferred. The improvements provided and for which properties are to be assessed are identified as local landscaping improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be required for the development of properties within the District. The District assessments and method of apportionment are based on the premise that these improvements would otherwise not have been installed and maintained by the City. The types of improvements and level of maintenance of the improvements are greater than what the City otherwise installs, maintains, and funds elsewhere in the City.

In addition, Article XIII D requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIII D provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 11 June 3, 2025, Item #6

5.2 Benefit Analysis
The improvements provided by this District and for which properties will be assessed have been identified as necessary, desired, and/or required for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City's General Plan.

5.2.1 SPECIAL BENEFIT
The ongoing maintenance of landscaped areas within the District provides aesthetic benefits to the properties within the District and is intended to provide a more pleasant environment to walk, drive, and work. The primary function of these improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding commercial properties and developments for which the improvements were constructed and installed, and/or were facilitated by the development or potential development of properties within the District. These improvements are an integral part of the physical environment associated with the parcels in the District and while some of these improvements may in part be visible to properties outside the District, collectively, if these improvements are not properly maintained, it is the parcels within the District that would be aesthetically burdened.

Additionally, these landscape improvements provide visually pleasing open space areas and green spaces that serve as an extension of the physical attributes of the parcels assessed, such as privately maintained landscape areas, and to some extent may also provide a greater opportunity for recreation as well as serving as a physical buffer and/or sound reduction buffer between the roadways and the properties in the District. Thus, the maintenance of these landscaped improvements provides advantages and benefits to the assessed properties that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share.

Collectively these landscaping improvements and related amenities enhance the overall use, presentation, enjoyment, recreational access, and marketability of the properties, and ensure the long-term cost-efficiency of services that are obtained through the City provided maintenance (economy of scale).

5.2.2 GENERAL BENEFIT
Calculated (Direct) General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements have been installed as part of the development of properties within the District or are improvements that would otherwise be shared by and/or required for development of those properties.

Although the District improvements are located on public streets or public areas that are typically visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the properties within the District that are directly associated with these improvements (particularly the level of maintenance and servicing) and are not required nor associated with any properties outside the District. It is also evident that: (1) the maintenance of these improvements and the level of maintenance provided, has a direct and particular advantage (i.e., special benefit) only to those properties in close proximity to the improvements, including those developments and properties that are directly accessed from the streets where the improvements are located; and (2) such maintenance beyond that which is required to ensure the safety and protection of the general public and City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 12 June 3, 2025, Item #6
property in general, limits any indirect or incidental benefit that the public at large or properties outside the District receive from the improvements.

In the absence of a special funding district, these types of improvements would not have been installed by the City and the City's maintenance of these improvements would, for the most part, be limited to tree management services necessary to ensure public safety and protection of property, weed abatement, rodent control, and erosion control services for the various landscape areas that are provided elsewhere in the City.

This basic or baseline level of service would typically provide for periodic servicing of these areas on an as needed basis. This baseline level of service, which is provided elsewhere in the City, would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage. However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through the District assessments.

On average, the cost to provide this baseline level of service for the District's streetscape landscape areas is estimated to be approximately $1,435 per acre (approximately $0.0322 per square foot) and approximately $859 per acre (approximately $0.0193 per square foot) for non-streetscape landscape areas, including a five percent (5%) cost factor for City overhead and administration.

Indirect (Incidental) General Benefit
In addition to the general benefit identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
• Minimization of dust and debris; and
• Decreased potential water runoff from both properties and the landscaped areas.

Although these types of benefits might best be characterized as indirect consequences of the special benefits of the landscape maintenance provided to assessed parcels, for the purposes of calculating proportional benefits, we assume these types of benefits to be general benefits. It is apparent that trees, shrubs, plants, and other vegetation and groundcover reduce dust, debris, and potential water runoff that might otherwise occur if such landscape improvements did not exist. However, it is also recognized that with the regular maintenance of the landscape improvements, and the effort and cost to monitor and address these issues, are reduced to isolated areas and/or less frequent servicing, and these activities, generally represent less than two percent (2%) of the overall landscape maintenance costs. While conservatively we estimate that the costs associated with these indirect and incidental benefits typically are less than two percent (2%) of the annual maintenance expenditures for the landscaping improvements, for budgeting purposes and establishment of the annual assessments, four percent (4%) the budgeted maintenance expenditures for the landscaping will be deducted from the annual expenses as a general benefit expense.

Likewise, it is recognized that the arterial streets within the District are routinely traveled by the general public and other property owners within the City. While the landscape improvements along these arterial streets do not provide a special benefit to properties outside the District, these particular improvements inherently reflect the overall aesthetic appearance of that region of the City and the City as a whole and therefore, to some extent provide some measure of indirect general benefit to other properties in the City and the public at large. It is estimated that the overall arterial landscape improvements in this District (located on Scripps City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 13 June 3, 2025, Item #6
Poway Parkway, Community Road, and Pomerado Road) represent approximately twenty percent (20%) of the overall landscaping maintained by the City on its arterial streets and main thoroughfares. While much of the traffic on these arterials and main thoroughfares within the District, including Stowe Drive, tend to be regional in nature, largely serving the properties in the immediate area that are directly accessed by those streets, it is also recognized that Scripps Poway Parkway, Community Road, and Pomerado Road each extend beyond the District boundaries to areas outside the City as well as other regions of the City. Travelers to these other areas and properties will typically utilize multiple segments of the City's arterial streets with landscaping improvements which may be funded by various revenue sources including other districts. Likewise, the owners, business, and customers associated with the parcels within this District also travel those arterial streets outside the District which have landscaping funded by other sources.

In reviewing available traffic data posted by the San Diego Association of Governments ("SANDAG"), it is estimated that Scripps Poway Parkway, Community Road, Pomerado Road and Stowe Drive within the District boundaries account for approximately thirty-eight percent (38%) of the total Average Daily Vehicular Trips (ADT) associated with the City's arterial street segments, including, Espola Road, Camino Del Norte/Twin Peaks, Community Road, Ted Williams Parkway, Pomerado Road, Scripps Poway Parkway, and Stowe Drive, and also account for only about 23% of the total ADT when the street segments between the City and Interstate 15 (San Diego Streets) are included in the counts. Further evaluation of the SAN DAG traffic data indicates that Scripps Poway Parkway and Pomerado Road are two ofthe highest traveled arterial streets in the City, and together within the boundaries of the District these two streets, represent approximately twenty-seven percent {27%) of the total City arterial ADT count (Scripps Poway Parkway-21% and Pomerado Road -6%). However, the data also indicates that only 25% of the total ADT on Pomerado Road is within the District and the ADT counts along the various segments are fairly consistent with the full length of Pomerado Road. This consistency in the ADT counts suggests that much of the vehicular traffic on Pomerado Road is local property generated rather than pass-through traffic. Similarly, on Scripps Poway Parkway, the ADT count east of Community Road to the City limits diminishes dramatically from the ADT count west of Community Road to Pomerado Road (a 42% reduction), and the ADT count east of Community Road represents approximately twenty-three percent (23%) of the ADT on Scripps Poway Parkway and thirteen percent (13%) of the total ADT within the District.

Based on the preceding facts and observations, we have determined that approximately thirteen percent (13%) of the cost to maintain the arterial landscape improvements within the District would be considered indirect and incidental benefit (i.e., general benefit) costs and not assessed to properties in the District. This percentage is based on the combined consideration of the area being maintained and the overall traffic volume, plus pass-through traffic:
• Approximately twenty percent (20%) of the overall landscaping maintained by the City on its arterial streets and main thoroughfares is within the District and the arterial streets in the District represent approximately thirty-eight percent (38%) of the City's total ADT on its arterial street segments. (20% x 38% = 7.6% of the proportional landscape area and traffic volume); and • Approximately twenty-one percent (21%) of the overall ADT identified for the City's arterial street segments are associated with Scripps Poway Parkway which passes through the City limits on both the east and west sides of the City and it is estimated that twenty-three percent {23%) of those trips are attributable to pass-through traffic. (21% x 23 % = 4.83% through traffic).

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 14 June 3, 2025, Item #6
The combination of the ratio of maintained area to traffic volume and the ratio of through-traffic to overall traffic volume, (7.60% + 4.83% = 12.43%) provides a reasonable estimate of the indirect and incidental benefit (i.e., general benefit) associated with the arterial landscape improvements within the District and are not assessed.
\
Therefore, in addition to the four percent indirect or incidental general benefit costs identified previously, the City will contribute an additional thirteen percent (13%) of the annual maintenance expenditures associated with the arterial landscape improvements.

The quantified baseline general benefit costs and the indirect/incidental general benefit costs identified above shall be excluded (i.e., separated) from the special benefit assessment funding and not assessed to the parcels within the District. The total calculated general benefit cost for the landscaping improvements is approximately $243,998 based on the current District improvements. As with many maintenance costs, General Benefit Costs may be impacted by inflation in subsequent fiscal years, and the General Benefit Costs contributions may be adjusted for inflation accordingly.

5.3 Assessment Methodology
The total cost of special benefit for maintenance of the public improvements funded by the District will be assessed to the various parcels in the District in proportion to the benefit units assigned to each parcel, in relationship to the total benefit units assigned to all parcels being assessed.

5.3.1 LAND USE CLASSIFICATION
Non-Residential Developed
This land use is defined as a parcel that has been developed with a non-residential use, including, but not limited to, both publicly-owned and privately-owned commercial retail or service, office or professional service, hotel or motel, manufacturing, warehousing, parking lot, and/or institutional facilities, including hospitals or other medical facilities, private schools or education centers, and churches or other non-profit organizations. As previously noted, one acre of a developed non-residential parcel has been selected as the basic value for calculation of assessments and is assigned 1.00 EBU per acre or portion thereof. Therefore, the EBU assigned to each developed non-residential property is established by multiplying the parcel's applied acreage by 1.0 EBU per acre (e.g., a developed non-residential parcel of 4.25-acres would be assigned 4.25 EBU, 4.25 acres x 1.0 EBU/acre = 4.25 EBU).

Vacant Undeveloped Property
This land use classification includes undeveloped properties that are identified as parcels with no development but have the potential to be developed. Although it is recognized that most of the improvements within the District have been constructed and accepted for maintenance in large part as a direct result of the development of the properties within the District and these developments clearly receive particular and distinct benefits (direct special benefits) from those improvements, it is also recognized that the various improvements within the District are considered improvements shared by multiple developments or parcels within a specific area of the City rather than being specifically associated with an individual parcel. Collectively the various improvements were installed and constructed as part of the overall development of properties within the District to their full and best use, including vacant City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 15 June 3, 2025, Item #6
undeveloped
properties
in
the
vicinity
of
those
improvements
. However,
it
is
also
recognized
that
in
part
the
aesthetic
benefits
of
the
District
improvements
to
properties
in
the
District
are
related
to
the
use
of
those
properties
(people
related)
and
undeveloped
properties
have
less
immediate
utilization
of
those
improvements
. Therefore,
parcels
identified
as
Vacant
Undeveloped
Property,
up
to
20 acres
shall
be
assigned
a
proportional
EBU
that
is
50%
of
that
assigned
to
developed
properties,
which
is

0.50 EBU
per
acre
(50%
of
the

1.0 EBU
per
acre assigned
to
Developed
Non-Residential
properties)
up
to
a maximum
of

10.00 EBU
. Once
a vacant
undeveloped
property
is
developed
it
will
be
classified
as
non-residential
development.

Exempt
Property
Within
most
districts,
there
are
lots
or
parcels
of
land
that
because
of
their
size,
the
nature
of
their
use,
and/or
the
types
of
improvements
being
maintained
by
a
district,
do
not
receive
a
special
benefit
from
the
improvements
(i.e.,
are
exempt
from
assessment).

These
parcels
may
include,
but
are
not
limited
to,
public
streets
and
other
roadways
(typically
not
assigned
an
APN
by
the
County);
dedicated
public
easements,
public
rights-of-ways,
or
utility
rights-of-ways;
common
areas,
bifurcated
lots;
sliver
parcels
or
any
other
parcel
that
has
little
or
no
assessed
value
and
cannot
be
developed
independently;
parcels
that
are
part
of
the
improvements
being
maintained
by
the
District
and/or
public
property
that
provides
substantially
similar
landscape
improvements
for
the
benefit
of
parcels
in
the
District
or
the
public
at
large,
such
as
parks
and
dedicated
open
space
areas
. These
types
of
parcels
are
considered
to
receive
no
special
benefit
from
the
improvements
and
are
therefore
exempted
from
assessment
and
are
assigned

0.00 EBU.

Special
Case
Parcels
In
many
landscaping
and
lighting
districts
(particularly
districts
that
have
a wide
range
of
land
uses,
multiple
developments,
and/or
diversity
in
the
location
and
type
of
improvements)
there
may
be
one
or
more
parcels
to
be
assessed
that
the
standard
land
use
classifications
and
proportionality
identified
above
do
not
accurately
identify
the
use
and
special
benefits
received
from
the
improvements
. Properties
that
are
typically
classified
as
Special
Case
Parcels
usually
involve
partial
or
mixed
use
development
of
the
property
or
development
restrictions
whether
those
.restrictions
are
temporary
or
permanent
and
affect
the
properties
proportional
special
benefits.

Examples
of
such
restrictions
may
include
situations
where
only
a portion
of
the
parcel's
total
acreage
is
or
can
be
developed.

In
such
a
case,
the
net
acreage
of
the
parcel
that
is
utilized,
rather
than
the
gross
acreage
of
the
parcel,
may
be
applied
to
calculate
the
parcel's
proportional
special
benefit.

Each
such
parcel
shall
be
addressed
on
a
case
-by-case
basis
by
the
Assessment
Engineer
. The
EBU
assigned
to
such
parcels
shall
be
based
on
the
specific
issues
related
to
that
parcel
and
its
proportional
special
benefit
compared
to
other
properties
that
receive
special
benefits
from
the
improvements.

Two
parcels
within
the
District
are
designated
as
Special
Case
Parcels.

City
of
Poway
2025/26
Engineer's
Report-
Landscape
Maintenance
District
19-1
16 June 3, 2025, Item #6

5.3.2 EQUIVALENT BENEFITS UNIT SUMMARY
A summary of the applied Equivalent Benefit Units (EBUs) described above for the various land use classifications within the District is shown in the following table:

Non-Residential Developed Units X 1.00 = EBU per Acre
Vacant Undeveloped Units X 0.50 = EBU per Acre (Maximum 20 Acres and 10.0 EBU) Exempt Acreage X 0.00 = EBU per Acre
Special Case Parcel X Varied = EBU per Parcel

5.4 Calculation of Assessments
An assessment amount per Equivalent Benefit Unit (Assessment per EBU) is calculated by:

Taking the "Total Annual Expenses" (Total budgeted costs) and subtracting the "Total General Benefit Expenses" (Landscaping General Benefit Expenses), to establish the "Total Special Benefit Expenses".

Total Annual Expenses -Total General Benefit Expenses = Total Special Benefit Expenses To the resulting "Special Benefit Expenses", various "Funding Adjustments" may be applied that may include, but are not limited to:
• "Reserve Fund Transfer/Deduction", represents an amount of available existing funds from the "Operational Reserve Fund Balances" being applied to pay a portion of the Special Benefit Expenses for the fiscal year; and
• "Additional City Funding", represents an adjustment that is typically used to address any funding gap between the amount budgeted to provide the improvements and services ("Special Benefit Expenses"); and the amount that will be collected through the assessments. This funding may be addressed by an additional City contribution or loan from the City which is intended to be recovered in future fiscal years.

These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed "Balance to Levy".

Special Benefit Expenses -Funding Adjustments= Balance to Levy The amount identified as the "Balance to Levy" is divided by the total number of EBUs of parcels that receive special benefits to establish the Assessment Rate ("Assessment Per EBU"). This Assessment Rate is then applied back to each parcel's individual EBU to calculate the parcel's proportionate special benefits and assessment amount for the improvements.

Balance to Levy/ Total EBU = Assessment Per EBU (Assessment Rate) Assessment Per EBU x Parcel EBU = Parcel Assessment Amount
Note: The maximum assessments outlined in this Report are intended to fully support the expenses identified as "Special Benefit Expenses". Consequently, there are no "Funding Adjustments" reflected in the budgets establishing the maximum assessment rates, and therefore, the "Balance to Levy" is equal to the total "Special Benefit Expenses".

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 17 June 3, 2025, Item #6

5.5 Assessment Range Formula
Any new or increased assessment requires certain noticing, meeting, and hearing requirements by law. The Proposition 218 defines the terms "new or increased assessment" to exclude certain conditions. These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." Under the Proposition 218, an assessment is also not deemed to be increased "in the case in which the actual payments from a person or property are higher than would have resulted when the agency approved the assessment, if those higher payments are attributable to events other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land.

The maximum assessments include an annual inflationary adjustment (Assessment Range Formula).

The Assessment Range Formula for this District is defined by the following:

Commencing in fiscal year 2020/21 and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year may be adjusted by the lesser of three percent (3%) or the percentage increase in the Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the San Diego Area for All Items for All Urban Consumers (CPI-U), as developed by U.S.

Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

Each fiscal year the City shall identify the percentage change in the CPI, using the difference over a 12-month period between the current year and the previous year (Annual Average). This annual percentage change is generally established based on the average percentage change from the prior year, but a similar 12-month time period may be used if the data for the annual average is not available. This percentage difference shall then establish the range of increase to the maximum assessment rate allowed, but the adjustment applied to the maximum assessment rate shall not exceed 3%. If the percentage change in the CPI-U is negative, the maximum assessment rate may not be adjusted from the previous fiscal year (unchanged). If the percentage change in the CPI-U is greater than 3% then the maximum assessment rate may be adjusted by 3%. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The initial rate was established for fiscal year 2019/20 at $840.00 per EBU. In subsequent fiscal years, any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate for that fiscal year is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment.

To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula or as a result in change in land use or size of an individual property, the City must comply with the provisions of the California Constitution Article XIII D Section 4, that require the preparation of an assessment engineer's report, a public hearing and certain protest procedures, including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve a proposed new or increased assessment before such an assessment may be imposed.

City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 18 June 3, 2025, Item #6
APPENDIX A: DISTRICT ASSESSMENT DIAGRAM
The boundaries of the District have been prepared in the format required by the 1972 Act and is on file with the Special Districts Office of the Public Works Department, and by reference is made part of this Engineer's Report. The Assessment Diagram is available for inspection at the Special Districts Office of the Public Works Department, during normal business hours.
i'."0.,e: :-it
::::I',-,>~-\
0 ... r:.c•.•S:.

City Of Poway: LMD No. 19-1 District Diagram
C
City of Poway
2025/26 Engineer's Report-Landscape Maintenance District 19-1 ,:: -.. ---·
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.,. .......
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A
June 3, 2025, Item #6

APPENDIX
B: 2025/26

ASSESSMENT
ROLL
Assessor's
parcel
identification,
for
each
lot
or
parcel
subject
to
the
assessment,
shall
be
based
on
the
County
Assessor's
secured
roll
data
for
the
applicable
year
in
which
this
report
is
prepared
and
is
incorporated
herein
by
reference.

Based
on
County
Assessor's
secured
roll
data,
current
assessor's
parcels,
including
corrected
and/or
new
assessor's
parcels,
will
be
submitted
and/or
resubmitted
to
the
County
Auditor/Controller.

The
annual
assessment
amount
to
be
levied
and
collected
for
the
resubmitted
parcel{s)
shall
be
determined
in
accordance
with
the
method
of
apportionment
and
assessment
rate
approved
in
this
Engineer's
Report.

Therefore,
if
a
single
assessor's
parcel
has
a status
change
in
development,
other
land
use
change,
or
subdivides
into
multiple
assessor's
parcels,
the
assessment
amounts
applied
to
each
of
the
new
assessor's
parcels
shall
be
recalculated
and
applied
according
to
the
approved
method
of
apportionment
and
assessment
rate
rather
than
a
proportionate
share
of
the
original
assessment
amount.

City
of
Poway
2025/26
Engineer's
Report-
Landscape
Maintenance
District
19-1
B
June 3, 2025, Item #6
APN
317-222-12-00
317-222-23-00
317-222-24-00
317-222-25-00
317-222-26-00
317-222-27-00
317-223-01-00
317-223-02-00
317-223-03-00
317-223-04-00
317-223-05-00
317-223-07-00
317-223-11-00
317-223-12-00
317-223-13-00
317-223-14-00
317-223-15-00
317-223-18-00
317-223-19-00
317-223-20-00
317-223-21-00
317-223-27-01
317-223-27-02
317-223-28-00
317-223-31-00
317-223-32-00
317-223-33-00
317-223-37-00
317-223-38-00
317-223-39-00
317-224-01-00
317-224-06-00
317-224-07-00
317-224-15-00
317-224-16-00
317-224-18-00
317-224-19-00
317-224-20-00
317-224-21-00
317-224-22-00
317-224-23-00
317-224-24-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
29 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

4.76 Non-Residential Developed

0.91 Non-Residential Developed

0.94 Non-Residential Developed

0.97 Non-Residential Developed

0.95 Non-Residential Developed

0.91 Non-Residential Developed

3.30 Non-Residential Developed

3.48 Non-Re~dential Developed

4.05 Non-Residential Developed

6.39 Non-Residential Developed

5.82 Special Case

6.20 Non-Residential Developed

3.68 Non-Residential Developed

3.34 Non-Residential Developed

1.93 Non-Residential Developed

1.62 Non-Residential Developed

1.19 Non-Residential Developed

1.60 Non-Residential Developed

9.23 Non-Residential Developed

2.79 Non-Residential Developed

4.56 Non-Residential Developed

0.50 Non-Residential Developed
a.so Non-Residential Developed

1.34 Non-Residential Developed

6.69 Non-Residential Developed

6.31 Non-Residential Developed

5.34 Non-Residential Developed

1.44 Non-Residential Developed

6.87 Special Case

2.44 Non-Residential Developed

0.90 Non-Residential Developed

0.74 Non-Residential Developed

0.35 Non-Residential Developed

1.49 Non-Residential Developed

0.64 Non-Residential Developed

0.61 Non-Residential Developed

0.84 Non-Residential Developed

2.69 Non-Residential Developed

1.06 Non-Residential Developed

1.00 Non-Residential Developed

1.85 Non-Residential Developed

Page 1 of 8 ends

Grand Total
$4,675.34
893.80
923.26
952.72
933.10
893.80
3,241.32
3,418.10
3,977.96
6,276.38
5,716.52
6,089.74
3,614.56
3,280.60
1,895.66
1,591.18
1,168.82
1,571.54
9,065.86
2,740.36
4,478.92
491.08
491.08
1,316.16
6,571.04
6,197.78
5,245.04
1,414.36
1,414.36
6,747.82
2,396.58
883.98
726.82
343.74
1,463.48
628.60
599.12
825.04
2,642.16
1,041.14
982.22
1,817.08
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
317-225-01-00
317-225-04-00
317-225-05-00
317-225-06-00
317-225-07-00
317-225-10-00
317-225-11-00
317-225-12-00
317-225-13-00
317-225-14-00
317-225-15-00
317-225-16-00
317-225-17-00
317-225-18-00
317-270-08-00
317-270-09-01
317-270-09-02
317-270-09-03
317-270-09-04
317-270-09-05
317-270-09-06
317-270-09-07
317-270-09-08
317-270-09-09
317-270-09-10
317-270-09-11
317-270-09-12
317-270-09-13
317-270-09-14
317-270-10-01
317-270-10-02
317-270-10-03
317-270-10-04
317-270-10-05
317-270-10-06
317-270-10-07
317-270-10-08
317-270-10-09
317-270-10-10
317-270-10-11
317-270-10-12
317-270-10-13
Slight variances may occur due to rounding
Copyright© 2013 by NBS
30 of37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

2.53 Non-Residential Developed

7.58 Non-Residential Developed

2.81 Non-Residential Developed

0.54 Non-Residential Developed

0.52 Non-Residential Developed

0.58 Non-Residential Developed

0.51 Non-Residential Developed

6.83 Non-Residential Developed

1.30 Vacant Undeveloped

0.75 Non-Residential Developed

0.72 Non-Residential Developed

5.30 Non-Residential Developed

0.89 Non-Residential Developed

0.76 Non-Residential Developed

2.19 Non-Residential Developed

0.15 Non-Residential Developed

0.16 Non-Residential Developed

Page 2 of 8 ends

Grand Total
2,485.00
7,445.20
2,760.02
530.38
510.74
569.66
500.92
6,708.54
1,276.88
736.64
707.18
5,205.76
874.16
746.46
2,151.04
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
147.32
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
157.14
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
317-270-10-14
317-270-11-00
317-270-12-00
317-270-13-00
317-270-14-00
317-270-15-00
317-270-16-00
317-270-18-00
317-270-19-00
317-270-20-00
317-270-21-00
317-270-22-00
317-270-23-00
317-270-24-00
317-270-25-00
317-270-31-00
317-270-32-00
317-270-40-00
317-270-41-00
317-270-42-00
317-270-43-00
317-270-44-00
317-270-45-00
317-270-46-00
317-270-49-00
317-270-50-00
317-270-51-00
317-270-54-00
317-270-55-00
317-270-56-00
317-270-59-00
317-270-60-00
317-270-61-00
317-270-62-00
317-270-63-00
317-271-02-00
317-271-03-00
317-271-04-00
317-271-09-00
317-271-10-00
317-271-12-00
317-271-13-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
31 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

0.16 Non-Residential Developed

2.62 Non-Residential Developed

4.59 Non-Residential Developed

2.98 Non-Residential Developed

2.32 Non-Residential Developed

1.62 Non-Residential Developed

1.16 Non-Residential Developed

2.66 Non-Residential Developed

2.36 Non-Residential Developed

1.95 Non-Residential Developed

1.17 Non-Residential Developed

2.25 Non-Residential Developed

0.80 Vacant Undeveloped

1.49 Non-Residential Developed

1.35 Non-Residential Developed

1.30 Non-Residential Developed

3.76 Non-Residential Developed

3.48 Non-Residential Developed

3.24 Non-Residential Developed

2.98 Non-Residential Developed

4.46 Non-Residential Developed

0.60 Non-Residential Developed

1.34 Non-Residential Developed

1.60 Non-Residential Developed

1.97 Non-Residential Developed

4.62 Non-Residential Developed

1.39 Non-Residential Developed

1.40 Non-Residential Developed

41.98 Non-Residential Developed

0.56 Non-Residential Developed

1.56 Non-Residential Developed

9.84 Non-Residential Developed

0.93 Non-Residential Developed

1.97 Non-Residential Developed

0.72 Non-Residential Developed

0.76 Non-Residential Developed

0.52 Non-Residential Developed

0.45 Vacant Undeveloped

Page 3 of 8 ends

Grand Total
157.14
2,573.40
4,508.38
2,927.00
2,278.72
1,591.18
1,139.36
2,612.68
2,318.02
1,915.32
1,149.18
2,209.98
785.76
1,463.48
1,463.48
1,325.96
1,276.88
3,693.12
3,418.10
3,182.38
2,927.00
4,380.68
589.
32 1,316.16
1,571.54
1,934.96
4,537.84
1,365.28
1,375.08
41,233.60
550.04
1,532.26
9,665.02
913.44
1,934.96
707.18
746.46
510.74
510.74
510.74
441.98
441.98
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
317-271-15-00
317-271-16-00
317-271-18-00
317-271-19-00
317-271-20-00
317-271-21-00
317-271-25-00
317-271-26-00
317-271-27-00
317-271-28-00
317-271-33-00
317-271-34-00
317-271-35-00
317-271-41-00
317-271-42-00
317-271-46-00
317-271-48-00
317-271-49-00
317-271-51-00
317-271-56-00
317-271-57-00
317-271-58-00
317-271-59-00
317-271-62-00
317-271-63-00
317-271-67-00
317-271-68-00
317-271-74-00
317-271-75-00
317-271-80-00
317-271-81-00
317-271-82-00
317-271-83-00
317-271-84-00
317-271-85-00
317-271-86-00
317-271-89-00
317-271-95-00
317-271-96-00
317-271-97-00
317-271-98-00
317-280-21-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
32 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

0.52 Non-Residential Developed

0.50 Non-Residential Developed

0.45 Vacant Undeveloped

0.72 Non-Residential Developed

0.54 Non-Residential Developed

0.60 Non-Residential Developed

0.52 Non-Residential Developed

0.27 Vacant Undeveloped

0.59 Non-Residential Developed

0.67 Non-Residential Developed

0.61 Non-Residential Developed

0.63 Non-Residential Developed

0.61 Non-Residential Developed

0.66 Non-Residential Developed

0.50 Non-Residential Developed

0.55 Non-Residential Developed

0.68 Non-Residential Developed

0.34 Non-Residential Developed

0.33 Non-Residential Developed

0.36 Non-Residential Developed

0.32 Non-Residential Developed

0.36 Non-Residential Developed

0.34 Non-Residential Developed

0.35 Non-Residential Developed

0.53 Non-Residential Developed

0.58 Non-Residential Developed

0.71 Non-Residential Developed

0.75 Non-Residential Developed

0.56 Non-Residential Developed

1.04 Non-Residential Developed

0.61 Non-Residential Developed

0.51 Non-Residential Developed

0.50 Non-Residential Developed

1.23 Non-Residential Developed

1.46 Non-Residential Developed

0.65 Vacant Undeveloped

1.00 Vacant Undeveloped

0.68 Non-Residential Developed

4.15 Non-Residential Developed

Page 4 of 8 ends

Grand Total
510.74
491.08
441.98
707.18
530.38
589.32
510.74
265.18
579.50
658.06
599.12
599.12
618.78
599.12
648.24
491.08
540.20
667.90
333.94
324.12
353.58
314.28
353.58
333.94
333.94
343.74
520.56
569.66
697.36
736.64
550.04
1,021.50
599.12
500.92
491.08
1,208.10
1,434.02
638.44
982.22
667.90
667.90
4,076.20
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
317-280-35-00
317-280-36-00
317-280-37-00
317-280-47-00
317-280-48-00
317-280-50-00
317-280-56-00
317-280-57-00
317-280-58-00
317-280-63-00
317-280-65-00
317-280-66-00
317-280-68-00
317-280-70-00
317-280-71-00
317-280-72-00
317-280-73-00
317-280-7 4-00
317-280-75-00
317-280-76-00
317-280-77-00
317-280-78-00
317-280-79-00
317-280-80-00
317-280-82-00
317-280-83-00
317-280-85-00
317-280-86-00
317-280-87-00
317-281-08-00
317-281-09-00
317-281-10-00
317-281-11-00
317-281-14-00
317-281-15-00
317-281-16-00
317-281-22-00
317-281-23-00
317-281-24-00
317-281-25-00
317-281-26-00
317-281-27-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
33 of37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

4.22 Non-Residential Developed

3.21 Non-Residential Developed

3.29 Non-Residential Developed

4.30 Non-Residential Developed

8.33 Non-Residential Developed

7.69 Non-Residential Developed

20.87 Non-Residential Developed

7.30 Non-Residential Developed

3.08 Non-Residential Developed

6.00 Non-Residential Developed

2.13 Non-Residential Developed

4.46 Non-Residential Developed

2.34 Vacant Undeveloped

1.88 Non-Residential Developed

0.75 Non-Residential Developed

0.73 Non-Residential Developed

6.42 Non-Residential Developed

2.68 Non-Residential Developed

1.40 Non-Residential Developed

1.50 Non-Residential Developed

2.26 Non-Residential Developed

4.25 Non-Residential Developed

1.45 Non-Residential Developed

0.62 Non-Residential Developed

12.32 Non-Residential Developed

1.05 Non-Residential Developed

16.49 Non-Residential Developed

1.48 Non-Residential Developed

3.99 Non-Residential Developed

4.04 Non-Residential Developed

3.69 Non-Residential Developed

4.02 Non-Residential Developed

5.95 Non-Residential Developed

3.91 Non-Residential Developed

6.99 Non-Residential Developed

8.75 Non-Residential Developed

0.62 Non-Residential Developed

0.56 Non-Residential Developed

0.78 Non-Residential Developed

0.83 Non-Residential Developed

1.01 Non-Residential Developed

4.19 Non-Residential Developed

Page 5 of 8 ends

Grand Total
4,144.94
3,152.92
3,231.48
4,223.54
8,181.88
7,553.26
20,498.92
7,170.20
3,025.22
5,893.32
2,092.12
4,380.68
2,298.38
1,846.54
736.64
717.00
6,305.84
2,632.34
1,375.08
1,473.32
2,219.80
4,174.42
1,424.20
608.96
12,100.94
1,031.30
16,196.78
1,453.66
3,919.04
3,968.16
3,624.38
3,948.50
5,844.20
3,840.48
6,865.70
8,594.40
608.96
550.04
766.12
815.22
992.02
4,115.48
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
317-281-29-00
317-810-04-00
317-810-05-00
317-810-09-00
317-810-12-00
317-810-13-00
317-810-14-00
317-810-15-00
317-810-16-00
317-810-17-00
317-810-18-00
317-810-19-00
317-810-23-00
317-810-24-00
317-810-28-00
317-810-29-00
317-810-30-00
317-810-31-00
317-810-32-00
317-810-36-00
317-810-37-00
317-810-38-00
320-011-27-00
320-031-03-00
320-031-04-00
320-200-46-00
320-200-47-00
320-200-48-00
320-200-49-00
320-200-50-00
320-220-02-00
320-220-03-00
320-220-04-00
320-220-05-00
320-220-12-00
320-220-15-00
320-220-16-00
320-220-18-00
320-220-21-00
320-220-22-00
320-220-24-00
320-220-25-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
34 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

7.22 Non-Residential Developed

1.34 Non-Residential Developed

0.95 Non-Residential Developed

1.03 Non-Residential Developed

0.92 Non-Residential Developed

0.89 Non-Residential Developed

0.84 Non-Residential Developed

0.95 Non-Residential Developed

0.89 Non-Residential Developed

0.91 Non-Residential Developed

0.86 Non-Residential Developed

0.78 Non-Residential Developed

1.21 Non-Residential Developed

1.42 Non-Residential Developed

1.11 Non-Residential Developed

0.43 Vacant Undeveloped

0.97 Non-Residential Developed

1.22 Non-Residential Developed

1.34 Non-Residential Developed

1.71 Non-Residential Developed

3.16 Non-Residential Developed

2.14 Non-Residential Developed

2.85 Non-Residential Developed

10.00 Vacant Undeveloped

0.64 Non-Residential Developed

2.70 Non-Residential Developed

1.18 Non-Residential Developed

0.72 Non-Residential Developed

0.99 Non-Residential Developed

3.91 Non-Residential Developed

10.43 Non-Residential Developed

2.52 Non-Residential Developed

0.52 Vacant Undeveloped

1.35 Vacant Undeveloped

1.97 Non-Residential Developed

2.86 Non-Residential Developed

3.25 Non-Residential Developed

3.54 Non-Residential Developed

11.09 Non-Residential Developed

1.78 Non-Residential Developed

3.82 Non-Residential Developed

Page 6 of 8 ends

Grand Total
7,091.60
1,316.16
933.10
1,011.68
903.62
874.16
825.04
933.10
874.16
893.80
844.70
766.12
1,188.48
1,394.74
1,090.24
422.34
952.72
1,198.28
1,316.16
1,679.58
3,103.80
2,101.92
2,799.30
9,822.20
9,822.20
628.60
2,651.96
1,159.00
707.18
972.38
3,840.48
10,244.54
2,475.18
510.74
1,325.96
1,934.96
2,809.14
3,192.20
3,477.04
10,892.80
1,748.34
3,752.06
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
320-220-26-00
323-091-08-00
3 23-091-09-00
323-091-10-00
323-091-11-00
323-092-17-00
323-092-18-00
323-092-20-00
323-092-21-00
323-092-22-00
323-092-23-00
323-092-24-00
323-092-25-00
323-092-26-00
323-092-27-00
323-092-28-00
323-092-29-00
323-092-32-00
323-092-33-00
323-092-34-00
323-092-35-00
323-092-36-00
323-092-37-00
323-092-38-00
323-092-39-00
323-092-40-00
323-480-03-00
323-480-04-00
323-480-10-00
323-480-11-00
323-480-12-00
323-480-13-00
323-480-14-00
323-480-16-00
323-480-18-00
323-480-19-00
323-480-20-00
323-480-21-00
323-480-22-00
323-480-23-00
323-481-02-00
323-481-03-00
Slight variances may occur due to rounding
Copyright© 2013 by NBS
35 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class

6.30 Non-Residential Developed

10.00 Vacant Undeveloped

2.92 Vacant Undeveloped

10.00 Vacant Undeveloped

1.41 Non-Residential Developed

2.39 Non-Residential Developed

1.00 Non-Residential Developed

0.70 Non-Residential Developed

0.79 Non-Residential Developed

0.83 Non-Residential Developed

0.68 Non-Residential Developed

0.70 Non-Residential Developed

0.75 Non-Residential Developed

2.44 Non-Residential Developed

4.65 Non-Residential Developed

6.66 Non-Residential Developed

9.78 Non-Residential Developed

6.83 Non-Residential Developed

1.24 Non-Residential Developed

0.57 Non-Residential Developed

14.30 Non-Residential Developed

14.87 Non-Residential Developed

2.60 Non-Residential Developed

2.67 Non-Residential Developed

2.28 Vacant Undeveloped

5.88 Non-Residential Developed

7.50 Non-Residential Developed

2.26 Vacant Undeveloped

1.55 Vacant Undeveloped

7.83 Non-Residential Developed

0.60 Non-Residential Developed

0.56 Non-Residential Developed

0.57 Non-Residential Developed

0.55 Non-Residential Developed

0.53 Non-Residential Developed

3.26 Non-Residential Developed

4.79 Non-Residential Developed

Page 7 of 8 ends

Grand Total
6,187.98
9,822.20
9,822.20
2,868.06
9,822.20
1,384.90
2,347.50
982.22
687.52
775.92
815.22
667.90
687.52
687.52
687.52
736.64
736.64
2,396.58
4,567.32
6,541.56
9,606.10
6,708.54
1,217.94
559.84
14,045.74
14,605.58
2,553.76
2,622.50
2,239.44
5,775.44
7,366.64
2,219.80
1,522.42
7,690.76
589.32
550.04
559.84
540.20
520.56
520.56
3,202.02
4,704.80
04/30/2025 02:17:SlPM
June 3, 2025, Item #6
APN
323-481-10-00
323-481-11-00
323-481-12-00
323-481-13-00
323-481-14-00
3 23-481-15-00
323-481-16-00
323-481-19-00
323-481-20-00
323-482-20-00
323-482-22-00
323-482-23-00
323-482-24-00
323-482-25-00
323-482-26-00
323-482-29-00
323-482-30-00
323-500-12-00
323-500-15-00
323-500-22-00
323-500-23-00
323-500-29-00
323-500-30-00
323-501-01-00
323-501-02-00
3 23-501-03-00
323-501-04-00
323-501-05-00
322 Accounts
Slight variances may occur due to rounding
Copyright© 2013 by NBS
36 of 37
City of Poway
Landscape Maintenance District No. 19-1
2025/26 Assessment Roll
EBU Land Use Class Grand Total

5.72 Non-Residential Developed 5,618.28

22.37 Non-Residential Developed 21,972.26

1.77 Non-Residential Developed 1,738.52

1.35 Non-Residential Developed 1,325.96

1.40 Non-Residential Developed 1,375.08

1.42 Non-Residential Developed 1,394.74

8.44 Non-Residential Developed 8,289.92

1.23 Non-Residential Developed 1,208.10

2.96 Non-Residential Developed 2,907.34

7.21 Non-Residential Developed 7,081.80

0.61 Non-Residential Developed 599.12

0.56 Non-Residential Developed 550.04

0.58 Non-Residential Developed 569.66

0.57 Non-Residential Developed 559.84

0.58 Non-Residential Developed 569.66

0.63 Non-Residential Developed 618.78

10.60 Non-Residential Developed 10,411.52

9.89 Non-Residential Developed 9,714.14

10.70 Non-Residential Developed 10,509.74

6.74 Non-Residential Developed 6,620.14

2.14 Vacant Undeveloped 2,101.92

4.82 Vacant Undeveloped 4,734.28

2.64 Non-Residential Developed 2,593.04

5.37 Non-Residential Developed 5,274.50

3.66 Non-Residential Developed 3,594.90

4.55 Non-Residential Developed 4,469.08

5.01 Non-Residential Developed 4,920.90
874.39 $858,837.52

Page 8 of 8 ends

June 3, 2025, Item #6
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! ~ - '\ , ,§ I_ ·_]_'- _ <ii_j l -~, -'=':_ o.J 'J ~ I ____ .'5.,<l<_han1~Vay __ ~--- f // : .euo;,.. \. - - , ii - I I I ! ;f ......___ -., i'!! I j l · .-·•·•·· Legend . $J . ! _ . ... ! r,,h•e,1,,,.~ \ ~,g, C'~~ I I . . .-·•·•· LMD No.19-1 ; Cr " f;!3ereact \. (:},z, <.?' ::f1o, _,,, ..... - ·- Improvements • ~'J - - ,-
:
0 ~ S
1000
r,.,il <:,1 f'·,., ____ .,.,· - Greenbelt
i G !? l \ ?-6 ......... - 1111111 Hardscape Median
i ,2 I ' ·· l o\>,/~
C•. f? if i '·...... ! 1..?-~i-- Ill Median
( '°'I?,, "' ! •-·•·-·,., ,,,JI.~ - Park
' .. ~- - - ----·-·-·-·-·-·-! ·-----~.-•·---·-...._,._ ___ .. . -·•·-·-·-·-·- ·1·- ·- ·- ·---- -'/-·- - ·- ·~! ~ ::~::ndary City Of Poway: LMD No. 19-1 District Diagram
Q
Parcels
oa1e· 211812019 -
June 3, 2025, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
June 3, 2025
Honorable Mayor and Members of the City C~~cil
Eric Heidemann, Director of Public Works f/'
Danielle McIntosh, Senior Management Anal~
(858) 668-4729 or [email protected]

CITY COUNCIL
Engineer's Report and Resolution Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 83-1 for Fiscal Year 2025-26 and Set Date for Public Hearing
The California Landscape and Lighting Act of 1972 (ACT), and its amendments (Proposition 218) allow for the collection of assessments from parcels annexed into Landscape Maintenance District 83-1 (LMD 83-1) for the purpose of maintaining LMD 83-1's landscape improvements. In order to collect assessments, Chapter 3 of the ACT requires a resolution declaring the intention to levy and collect assessments, and an engineer's report which are included in this document as Attachment A and Attachment B, respectively. Fiscal Year (FY) 2025-26 assessment rates for LMD 83-1 Zone A, Zone B, and Zone C are proposed to remain unchanged at the FY 2024-25 rates of $118.48, $235.75, and $496.16 per benefit unit year, respectively.

Recommended Action:

It is recommended City Council adopt the Resolution to initiate the process required to levy and collect assessments for the upcoming fiscal year within Landscape Maintenance District 83-1, in accordance with state law, and to set the date for the public hearing, giving property owners the opportunity to review and comment on the proposed assessments.

Discussion:

LMD 83-1 was formed on June 14, 1983, to maintain landscape improvements required as conditions of approval for the various subdivisions included within the boundaries of LMD 83-1. A map showing LMD 83-1 's boundaries is included as Attachment C. Each subdivision and/or development listed below was required to annex into the LMD 83-1 as a condition of property development either through the final map process or by Council Resolution.
1 of63
June 3, 2025, Item #7
LMD
83-1
Zone
A
includes
the
following
residential
developments:

TRACT

PROJECT
NAME
TTMs
3495,
4113,
4191,
89-15
and
TPM
89-18
Rancho
Arbolitos
TTM
3503
Adobe
Ridge
I and
II
TTM
3533
The
Colon
ies
TTM
3461
Casa
Real,
Unit
7 TTM
84-04R
Country
Creek
TTM
84 -07
Woodland
Hills
TTM
85-01
Rancho
Espola
TTM
86-04
Midland
Estates
TTM
86-05
Community
16 Villas
(Poway
16)
TTM
87-04
Park
Village
TTM
87-06
Cicero-Pacific
TTM
88-05
Gateway/La
Manda
TTM
88-09
Carmel
Vista
TPM
89-09
Cusick
TTM
99-01
Diroma
Estates
TPM
99-05
Spyglass
TTM
02-03
Lamagno
TPM
03-05
Lamagno
LMD
83-1
Zone
B
includes
the
following
non-residential
(commercial)
developments:

TRACT

PROJECT
NAME

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

Twin
Peaks
Plaza
Kindercare
TRACT

PROJECT
NAME
TTM
98-06
Kentfield
Estates
Section
22624
of
the
Streets
and
Highways
Code
requires
City
Council
to
approve
an
engineer's
report
and
adopt
a
resolution
of
intention
prior
to
establishing
the
annual
budget.

The
engineer's
report
(Attachment
B)
is
prepared
each
year
by
an
outside
engineering
firm
and
provides
a
detailed,
transparent
analysis
to
support
the
proposed
assessment.

It
also
outlines
the
proposed
FY
2025-26
budget
and
the
resulting
assessments.

FY
2025-26
assessments
for
Zone
A
are
proposed
to
remain
unchanged
at
the
FY
2024-25
rate
of
$118.48
($9.87
per
month)
per
benefit
unit
per
year;
Zone
B
FY
2025-26
assessments
are
proposed
to
remain
unchanged
at
the
FY
2024-25
rate
of
$235.75
($19.64
per
month)
per
benefit
unit
per
year;
and
Zone
C
FY
2025-26
assessments
are
proposed
to
remain
unchanged
at
the
FY
2024-25
rate
of
$496
.16
($41.34
per
month)
per
benefit
unit
per
year.

There
are
currently
1,391
residential,
15 commercial
and
26 residential
parcels
proposed
to
be
assessed
within
LMD
83 -1 Zone
A,
Zone
Band
Zone
C,
respectively
.
2 of63
June 3, 2025, Item #7
No new parcels were added to LMD 83-1 during FY 2024-25. Only those properties receiving special benefit are included on LMD 83-1 's assessment roll.

In 2018, the City initiated proceedings to form a proposed Landscape Maintenance District (referred to as LMD 18-1) within the boundaries of existing LMD 83-1. The proposed district, LMD 18-1, would have added properties that previously were not assessed and established different benefit zones, and increased the assessments currently imposed on properties in existing LMD 83-1. Property owners within the proposed district, LMD 18-1, received ballots for a proposed increase as specified under assessment law. The proposed district, LMD 18-1, was balloted for an increase in assessments with annual cost indexing based on the annual San Diego-Carlsbad Consumer Price Index (CPI) not to exceed 3.0 percent. The proposed district, LMD 18-1, had a majority protest for the increase, and consequently, failed to pass the ballot. Therefore, the assessment rates continue to remain unchanged and are exempt from the procedures and approval process set forth in Section 4 of Article XIII D.

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

The failure of an assessment increase by ballot for LMD 83-1 in FY 2017-18 led to a reduction in maintenance services. Service levels for landscape maintenance are at service level C. Service level C consists of performing landscape maintenance services (e.g., irrigation inspection, removal of trash and debris, trimming of shrubs, fertilizing, mowing, edging, pruning, sweeping) for respective areas within LMD 83-1 Zone A, B, and Con a monthly basis. Services may continue to be reduced to align with assessment revenue and to accommodate unexpected repair needs that arise. Compounding this challenge is the fact that LMD 83-1 is effectively operating with 1980s revenue levels while facing 2025 expenditure demands. Without an adjustment to the assessment structure, the gap between funding and actual maintenance costs will continue to grow, threatening the long-term sustainability of landscape maintenance services within the district.

Proposition 218, passed by the California voters on November 5, 1996, expands the requirements for public notification and imposes the requirement of special district balloting. Beginning July 1, 1997, all existing, new, or increased assessments shall comply with Article XIII D as added to the California Constitution. All parcels currently assessed were annexed into LM D 83-1 by owner consent at the ti me of development, making them exempt from the procedures and approval process set forth in Section 4 of this Article. However, this does not preclude any assessments that would be increased in future years. Subsequent increase in such assessments shall be subject to the procedures and approval process set forth in Section 4 of Article XIII D.

The engineer's report (Attachment B) has been found technically correct as presented.

Environmental Review:

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

Fiscal Impact:

LMD 83-1 does not include a voter-approved inflator which puts pressure on service levels as expenses increase over time due to inflation while revenues do not. Assessment rates shall remain at the FY 2024-25 rates. Revenues collected at $118.48 per benefit unit per year for Zone A, $235.75 per benefit unit per year for Zone B and $496.16 per benefit unit per year for Zone C, an estimated total 3 of63
June 3, 2025, Item #7
of $200,932, will be used for LMD 83-1's maintenance costs during FY 2025-26. A General Fund contribution of $86,110 ($65,600 for Zone A, $16,977 for Zone Band $3,533 for Zone C) will be made based upon average square footage maintenance costs for landscaped medians and rights-of-way that provide general benefit to the City.

Public Notification:

None.

Attachments:

A. Resolution
B. Engineer's Report
C. LMD 83-1 Map
Reviewed/Approved By:

We~Kaserman
Assistant City Manager
4of63
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
June 3, 2025, Item #7
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, DECLARING THE INTENTION TO LEVY

AND COLLECT ASSESSMENTS WITHIN POWAY LANDSCAPE
MAINTENANCE DISTRICT NO. 83-1 FOR FISCAL YEAR 2025-26

AND APPROVING THE ENGINEER'S REPORT
WHEREAS, the City Council of the City of Poway desires to levy and collect assessments within Poway Landscape Maintenance District No. 83-1 for the purpose of maintaining, servicing, and operating public landscape facilities located within the territory comprised of said District as shown in the Engineer's Report, included in the staff report as Attachment B, that is on file in the Office of the City Clerk, pursuant to the Landscape and Lighting Act of 1972; WHEREAS, assessments will not increase from the Fiscal Year 2024-25 assessment rate of $118.48 per benefit unit per year for Zone A, $235. 75 per benefit unit per year for Zone B and $496.16 per benefit unit per year for Zone C;
WHEREAS, under Article XIII D, Section 4 of the California Constitution, a City general benefit contribution has been calculated as the average General Fund expenditure on a per square foot basis for the maintenance of landscaped medians and rights-of-way. The total general benefit contribution for Zones A, B and C has been calculated to be $86, 11 O; WHEREAS, under Article XIII D, Section 5(b) of Proposition 218 (adopted by general vote on November 5, 1996), the collection of Fiscal Year 2025-26 assessments is exempt from the procedures and approval process set forth in Section 4 of Article XIII D, in that the assessment was imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed; and WHEREAS, the public interest and convenience require the maintenance, service, and operation of public landscaping within said territory.

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

SECTION 1: The foregoing recitals are true and correct.

SECTION 2: Proposed assessments are as detailed in the Engineer's Report for Poway Landscape Maintenance District No. 83-1 for Fiscal Year 2025-26 included in the staff report as Attachment B.

SECTION 3: Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time:

Tuesday, July 15, 2025, at 7:00 p.m.

Page 2 ends

Poway City CouncilJune 3, 2025

Poway City Council
June 3, 2025