Poway City Council
August 5, 2025

Amended Agenda
Adding Staff Report Item #12
AG E N DA Poway City Council
Coun cil Cha m be r I 13325 Civi c Cente r Drive I Poway, CA I 920 64 August 5, 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.

Notice of Teleconferencing Location I Section 54953(b) of the California Government Code authorizes members of the City Council to use teleconferencing to attend a meeting, provided the agenda identifies the teleconference location. In accordance with Section 54953(b), the following location is hereby noticed as a teleconference location for Mayor Steve Vaus: 862 Upper Fork Road, Headwaters, VA 24442. As set forth below, members of the public may attend the meeting in person in City Council Chambers or at the teleconference location.

Notice of Teleconferencing Location I Section 54953(b) of the California Government Code authorizes members of the City Council to use teleconferencing to attend a meeting, provided the agenda identifies the teleconference location. In accordance with Section 54953(b), the following location is hereby noticed as a teleconference location for Councilmember Tony Blain: 10471 Los Alamitos Blvd., Los Alamitos, CA 90720. As set forth below, members of the public may attend the meeting in person in City Council Chambers or at the teleconference location.

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
Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmember
Christopher J. Pikus
Councilmember
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.

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

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

American 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.

Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes.

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

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

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

2. Approval of the May 6, 2025 Regular City Council Meeting Minutes 2 of 4 Regular City Council Meeting August 5, 2025

3. Second Reading and Adoption of Ordinance No. 875 entitled "An Ordinance of the City Council of the City of Poway, California, Amending the Old Poway Specific Plan (OPSP) to Establish a Music Overlay District (MOD) for Limited Indoor and Outdoor Music for Businesses Located within the Southerly Commercial General (CG) Zone"

4. Six-Year Update to the Sewer System Management Plan

5. Award of Agreement to GHD, Inc. for the Design Services of Emergency Water Interconnection No. 2, RFP No. 25-016

6. Acceptance of the Pool Circulation Pump Replacement Project with Horizon Mechanical Contractors of California, as Complete

7. Rejection of Received Bid for the Fiscal Year 2025 Poway Center for the Performing Arts Maintenance Project, Bid No. 25-009, and Direction for Staff to Re-Scope and Re-Advertise the Project

8. Hazardous Mitigation Grant Program Updates: Funding Acceptance and Award of Contracts for Hazardous Tree Removal Services

9. Authorization to Purchase Two (2) 2026 North Star 174-1 Paramedic Ambulances Utilizing Houston-Galveston Area Council Cooperative Purchasing Program Contract #AM10-23

10. Acceptance of the Chiller Replacement Project with ACCO Engineered Systems Inc. dba ACCO Engineered Systems, as Complete
ORDINANCES FOR INTRODUCTION: None
PUBLIC HEARINGS:

11. 2024 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2025-26
City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the Resolution approving the 2024 Weed and Nuisance Abatement charges to be collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2025-

26. STAFF REPORTS:

12. Accepting Certificate of Sufficiency; Calling, Ordering, and Giving Notice of a Special Municipal Election for the Submission of the Question of the Recall of a Certain Officer and Requesting the City Council of the City of Poway Direct the San Diego County Registrar of Voters to Render Services to the City Relating to the Conduct of a Special Municipal Election City Manager's Recommendation: It is recommended the City Council 1) adopt the Resolution to accept the certification of the San Diego County ROV as to the sufficiency of signatures on the petition to Recall District 2 Councilmember Anthony (Tony) Blain, in accordance with the requirements of California Elections Code §§11227 and 11240; 2) adopt a Resolution to call, order, 3 of 4 Regular City Council Meeting August 5, 2025
and give notice of the holding of a Special Municipal Election to be held in District 2 of the City of Poway on Tuesday, November 18, 2025 for the submission of the question of the recall of Council member Anthony (Tony) Blain; and requesting the City Council direct the San Diego County ROV to render services to the City relating to the conduct of a Special Municipal Election; and 3) authorize the appropriation of up to $305,000 to the City Clerk's Fiscal Year (FY) 2025-26 Election Services budget to cover the San Diego ROV costs associated with administering the special election, as well as other ancillary costs including noticing and translations required by California Elections Code.

WORKSHOPS: None
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS : Pursuant to AB1 234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

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

State of California
County of San Diego
)
) 55.
)

AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on July 30, 2025. Said meeting to be held at 7:00 p.m., August 5, 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. 4 of 4 Regular City Council Meeting August 5, 2025
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

August 5, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
(858) 668-4535 or cgallagher@p~J/ay.org

CITY COUNCIL
SUBJECT: Approval of the May 6, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 6, 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 May 6, 2025 Regular City Council Meeting Minutes.

Public Notification:

None.

Attachments:

A. May 6, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
~~ K~
Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
A~
cMsHazetme
City Manager
1 of 8
August 5, 2025, Item #2

CITY OF POWAY

CITY COUNCIL REGULAR MEETING

MINUTES
May 6, 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, San Diego County Sheriff's Office.
(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.

Mayor Vaus noted agenda Item #10 was pulled from tonight's calendar.

PRESENTATIONS:

Recognition of Fire Department and San Diego County Sheriff's Office Personnel 2 of 8
August 5, 2025, Item #2

ATTACHMENT A
City of Poway - Minutes - May 6, 2025
Recognition of the City of Poway's Participation in FEMA's National Flood Insurance Program Community Rating System
PUBLIC COMMENT:

Terri Sorensen, on behalf of the Poway Neighborhood Emergency Corps (PNEC), announced the Poway Emergency and Safety Fair scheduled for May 31, 2025, and the Poway Community Chipping Event, scheduled for June 14, 2025.

Joe St. Lucas spoke regarding National Fibromyalgia Awareness Day, recognized on May 12, 2025.

Anita Anders spoke in support of the recall or resignation of Counci!member Blain.

Nick Carruthers encouraged empathy, humility, civility and respect at City Council meetings.

Ray Jalisi shared concerns over landscaping plan changes at The Farm and the bond release status for its developer.

Anita Edmondson provided updates on the Recall Tony Blain committee activities.

John Mullin spoke regarding Code of Ethics violations by Councilmember Blain, the pending lawsuit with the City, and in support of the Recall Tony Blain efforts.

Yuri Bohlen provided background on Prop 218 and it's relation to the City's water rate structure and county-wide impacts on water costs stressing no single council member has the ability to lower water rates.

CONSENT CALENDAR:

Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 5 and Items 7 through 9. Motion carried 510 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Item 6. Motion carried 4/011 by the following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

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

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

2. Approval of the March 4, 2025 Regular City Council Meeting Minutes 3 of 8
August 5, 2025, Item #2
City of Poway- Minutes - May 6, 2025

3. Second Reading and Adoption of Ordinance No. 873 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapter 2.18 (Meetings) of the Poway Municipal Code Regarding Physical Attendance at City Council Meetings" Yuri Bohlen spoke in support of Item #3.

4. Approval of Final Tract Map for Tentative Tract Map (TTM) 22-0001 (Harmon Ranch Subdivision); Lennar Homes of California, LLC, Applicant (APNs: 317-500-02, 317-500-03, 317-500-09 through 317-500-14, 317-501-01 and 317-501-02) Yuri Bohlen spoke neutrally on Item #4, discussing state housing mandates and addressing private property rights.

5. Award of Contract to HSCC, Inc., for the Neighborhood Sidewalks Garden Road Project, Bid No. 25-007 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA)

6. Authorization to Purchase Desktop Computers and Four-Year Warranty from Connection, RFP No. 25-012

7. Acceptance of Irrevocable Offer of Dedication on Claire Drive

8. Acceptance of the Washwater Tank No. 2 Rehabilitation Project with Advanced Industrial Services, Inc., as Complete

9. Award of Agreement to ECS Imaging, Inc. for Laserfiche Cloud Records Management and Professional Software Services
ORDINANCES FOR INTRODUCTION:

10. Ordinance to Amend Poway Municipal Code to Allow Imposition of Administrative Citations and Penalties for Violations of Law
Mayor Vaus noted for the record, the removal of Agenda Item #10 from the meeting calendar.

No action was taken.

PUBLIC HEARINGS:

11. Ordinance Amending Poway Municipal Code Chapters 15.24 and 8. 76, to Designate Fire Hazard Severity Zones and Consolidate Defensible Space Regulations, and Determination that the Adoption of the Foregoing Amendments by Ordinance are Exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061 (b)(3) Mayor Vaus opened the Public Hearing at 7:38 p.m.

Fire Chief Brian Mitchell introduced the item. Chief Mitchell clarified the Fire Hazard Severity Zones (FHSZ) map was created by fire service professionals at the state level, not by the Poway Fire Department. He stated the City does not have the authority to request changes to the map's boundaries and state law requires the City to adopt the map by Ordinance within 120 days.
4 of 8
August 5, 2025, Item #2
City of Poway - Minutes - May 6, 2025
After receiving the FHSZ map on March 24, 2025, City staff posted it on the City's website and shared additional information with the community about how it may affect Poway residents and their properties. A public forum workshop was held in City Council Chambers on April 10, 2025.

Senior Management Analyst Jenna Stein presented the item along with a PowerPoint presentation. Ms. Stein discussed the recommendations by the Office of the State Fire Marshal (OSFM). She explained the map is intended to increase public awareness of the wildfire hazard and the impacts on the local community and identifies the geographic area in which the Wildland Urban Interface Building Codes and the minimum requirements for defensible space apply.

In addition to adopting the recommendations, additional administrative changes will be made to the Poway Municipal Code (PMC) to better align with the 2022 California Fire Code, and to consolidate all defensible space requirements into a single section. The administrative changes incorporate the state's minimum requirements for defensible space to provide clarity for residents. She explained one key operational change is being implemented by the City of Poway: the expansion of defensible space requirements within the Wildfire Defensible Space Program (WDSP). This program requires property owners to reduce flammable vegetation within 100 feet of structures. This change aims to reduce wildfire vulnerability and increase community resilience.

Ms. Stein explained the updated FHSZ map provides the City with the legal basis to require fire-resistant building standards and other wildfire safety regulations. Recognizing wildfire as a hazard will raise community awareness and encourage residents to take proactive steps, such as completing a home ignition zone assessment with fire prevention staff or attending wildfire safety and evacuation awareness workshops.

Public Comment:

Christy Winters spoke in opposition to Item #11, citing concerns regarding the data used by state agencies in updating the FHSZ maps.

End of Public Comment.

Mayor Vaus closed the Public Hearing at 7:48 p.m.

Council discussion ensued. Council discussed the requirement to adopt the maps as recommended by OSFM and the potential implications for homeowners' insurance. Council encouraged residents to maintain proper defensible space around their properties, noting wildfire risk can be effectively managed and reduced through a combination of City mitigation and individual homeowner actions. Staff and Council further discussed the maps, highlighting their purpose for long-term planning and reinforcing local building codes to establish higher construction standards aimed at enhancing wildfire resilience.

In response to Council questions, Staff discussed the uncertainty surrounding potential future modifications to California Building Codes as related to high fire hazard severity zones. In addition, staff clarified the City cannot propose reductions to the FHSZ boundaries.

As requested by the Mayor, City Clerk Gallagher titled the Ordinance for introduction. 5 of 8
August 5, 2025, Item #2
City of Poway - Minutes - May 6, 2025
Motioned by Deputy Mayor De Hoff, seconded by Mayor Vaus to introduce Ordinance No. 874 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 15.24 and 8.76 of the Poway Municipal Code, to Designate Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection and Consolidate Defensible Space Regulations," for first reading by title only, schedule the second reading and adoption for May 20, 2025, set an effective date of July 1, 2025, and determine that the adoption of the foregoing amendments by Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061 (b)(3). Motion carried 5/0 by following roll-call vote:

Ayes:

Noes:

Abstained:

Absent:

Disqualified:

STAFF REPORTS:

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

12. Pre-Development Conference 25-0002, a Proposal for 16 Multi-Family Units, Phase 2 of the Fairfield Project at 12947 Poway Road, APN 317-490-68
Senior Planner Kevin Parker presented along with a PowerPoint presentation. Mr. Parker discussed the project site, size and location. He provided background on the Fairfield mixed­ use project approved in December of 2020. The project consists of 212 market rate units, 11,000 square-feet of commercial space designed for two future restaurants, 10,000 square­ feet of public park space along Poway Road and other amenities. The proposed multifamily building, known as the Fairfield Project, is an extension of the existing West Village Poway Apartments complex.

Mr. Parker described the project, noting the proposed setbacks, and provided an overview of the conceptual plans. He discussed the proposed site improvements, including a dog park and additional residential parking spaces. The proposed building has two stories with a basement level that provides access to one car garages, on site for commercial spaces and provides 100% commercial frontage along the ground floor facing Poway Road. The completed project, combined with the West Village Poway Apartments complex, will allow a total commercial block face exceeding the 75% minimum requirement of the Poway Road Specific Plan.

Mr. Parker announced a neighborhood meeting for the proposed project, scheduled for Monday, May 12, 2025 in Council Chambers.

Mr. Parker noted the Pre-Development Conference gives Council the opportunity to provide direct feedback to the applicant prior to formal consideration of an application. When the project does come before Council for consideration, there will be a duly noticed public hearing with notification sent to nearby property owners.

Following staff's presentation, Applicants, Ted Boucher, Development Manager, and Ed McCoy, Senior Vice President of Development at Fairfield Residential provided a PowerPoint presentation. They gave an overview of the project and updates on the West Village Poway (Phase 1) development, noting they are actively marketing the restaurant and retail spaces. 6 of 8
August 5, 2025, Item #2
City of Poway- Minutes - May 6, 2025
They presented details on Phase II (Fairfield), including elevation plans, interior unit renderings, and a discussion of the shared amenities between the two phases.

Public Comment:

Yuri Bohlen spoke neutrally on Item #12.

End of Public Comment.

Council discussion ensued. Council noted no amendments had been requested by the applicant and the proposal is consistent with the PRSP. Council sought clarification on the shared parking arrangement between the two phases of the development (West Village Poway Apartments and Fairfield), as well as the accessibility and availability of the proposed Electric Vehicle (EV) charging stations. Additional comments addressed provisions for affordable housing, building setbacks, and the inclusion of underground parking. Members of the public were encouraged to attend the upcoming neighborhood meeting and provide feedback.

City Council provided input and direction regarding the request as recommended. No additional action was taken on this item.

WORKSHOPS:

None.

COUNCIL-INITIATED ITEMS:

None.

COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Blain highlighted a recent community-led cleanup effort at Tooth Rock Trail and discussed establishing Neighborhood Watch programs to enhance public safety.

Councilmember Pikus provided updates for the 'Sweep the Trails' volunteer event scheduled for Saturday, May 17, 2025. Additionally, he announced a free water workshop scheduled for Saturday, May 17, 2025, at the Poway Library, sponsored by the Green Valley Civic Association (GVCA). The workshop will address information about regional water management, water costs and water rate adjustments.

Deputy Mayor De Hoff acknowledged Poway's strong reputation and consistently high rankings as one of the safest cities in San Diego County.

Mayor Vaus introduced and welcomed Lieutenant Colin Hebeler as the newest member of the Poway Station, San Diego County Sheriff's Department.

CITY MANAGER ITEMS:

None.
7 of 8
August 5, 2025, Item #2
City of Poway - Minutes - May 6, 2025
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.

CLOSED SESSION:

None.

ADJOURNMENT:

The meeting was adjourned at 8:32 p.m.

Carrie Gallagher , CMC
City Clerk
City of Poway, California
8 of 8
August 5, 2025, Item #2
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4435 or [email protected]

CITY COUNCIL
Second Reading and Adoption of Ordinance No. 875 entitled "An Ordinance of the City Council of the City of Poway, California, Amending the Old Poway Specific Plan (OPSP) to Establish a Music Overlay District (MOD) for Limited Indoor and Outdoor Music for Businesses Located within the Southerly Commercial General (CG) Zone" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on July 15, 2025. There were four (4) speakers. The City Council made two revisions to the Ordinance at the meeting, which are reflected in the version attached hereto (Attachment A):
(1) City staff is required to provide an update regarding the implementation of the MOD to the City Council at a public meeting approximately six (6) months following the effective date of the Ordinance; and (2) the proposed permitted hours for outdoor music was amended from 7 a.m. to 10 p.m. to 9 a.m. to 1 O p.m.

The Ordinance is now presented for second reading and adoption by title only.

Vote at first reading:

Recommended Action:

AYES:

NOES:

MAEDA, PIKUS, DE HOFF, VAUS
BLAIN
ABSTAINED: NONE
ABSENT: NONE
DISQUALIFIED: NONE
It is recommended the City Council adopt Ordinance No. 875.

Environmental Review:

None.
1 of 25
August 5, 2025, Item #3
Fiscal Impact:

None.

Public Notification:

A public hearing notice was published in the Poway News Chieftain on Thursday, June 5, 2025. An ordinance summary notice was published in the Poway News Chieftain on Thursday, July 24, 2025. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933.

Attachments:

A. Ordinance No. 875
Reviewed/Approved By:

WendKaserman
Assistant City Manager
2 of 25
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Raze
City Manager
August 5, 2025, Item #3
ORDINANCE NO. 875

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AMENDING THE OLD POWAY SPECIFIC

PLAN (OPSP) TO ESTABLISH A MUSIC OVERLAY DISTRICT
(MOD) FOR LIMITED INDOOR AND OUTDOOR MUSIC FOR

BUSINESSES LOCATED WITHIN THE SOUTHERLY

COMMERCIAL GENERAL (CG) ZONE
WHEREAS, the Poway Municipal Code (PMC), Chapter 17.47, provides for the preparation and adoption of specific plans in accordance with Section 65450, et seq., of the California Government Code (Title 7, Division 1, Chapter 3); WHEREAS, on March 22, 1988 and on July 26, 1988, the City Council held properly noticed public hearings in accordance with the California Government Code and the California Environmental Quality Act (CEQA) to consider the proposed Old Poway Specific Plan (OPSP) SP 88-01 (Part One-Architectural Design Standards/Guidelines as revised by the Council to be fully consistent with the goals, objectives, and policies of the General Plan and its constituent Elements), which was thereby adopted on July 26, 1988;
WHEREAS, on August 22, 1989, and on January 30, 1990, the City Council of the City of Poway held properly noticed public hearings in accordance with the California Government Code and CEQA to consider the proposed OPSP, SP 88-01 (Part Two), with a proposed amendment to the signage guidelines of Part One;
WHEREAS, on January 30, 1990, the City Council of the City of Poway found that the adoption of the OPSP, SP 88-01 (Part Two) and the proposed amendment to the signage guidelines of Part One, and the application thereof, will have no adverse significant environmental impacts and thereby adopted the OPSP and issued the Negative Declaration (ND); WHEREAS, the City Council of the City of Poway wishes to protect and preserve the quality of the residential and commercial areas of the City, as well as the quality of life throughout the City, through effective land use and planning, and process improvements; WHEREAS, PMC 17.47.090 provides requirements for amendments to specific plans; WHEREAS, in accordance with requests from business owners and with direction from the City Manager, City Staff has prepared amendments to the Old Poway Specific Plan (OPSP) for the establishment of a Music Overlay District (MOD), allowing limited indoor and outdoor music for businesses located within the southerly Commercial General (CG) zone; WHEREAS, the OPSP amendment provides opportunities to encourage a lively commercial district with areas conducive to community gathering, using indoor and outdoor music as an attraction;
WHEREAS, all the proposed amendments are shown in strikethrough/underline in Exhibit 1 of this Ordinance;
WHEREAS, on July 15, 2025, the City Council of the City of Poway has held a properly noticed public hearing in accordance with the California Government Code and the CEQA to consider the proposed OPSP amendment; and
3 of 25 ATTACHMENT A
August 5, 2025, Item #3
Ordinance No. 875

WHEREAS, the City Council of the City of Poway has read and considered the Agenda Report and all other evidence and testimony with regard to the ND and the OPSP SPA; with the project map, ND, and SPA document available to the general public at this link:
www. poway. erg/development-projects .

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:

SECTION 1: The above recitations are true and correct.

SECTION 2: The City Council of the City of Poway finds that SPA 24-0002, the OPSP, as amended , is consistent with the purpose of PMC 17.47, the General Plan and its constituent Elements, the development policies of the City of Poway (City), and hereby certifies the ND and adopts the SPA amending certain sections of the OPSP as specified in the attached Exhibit 1.

Deletions are indicated with strikethroughs. Additions are indicated with underlines.

SECTION 3: This Ordinance amends the OPSP subject to CEQA, and the City Development Services Department has prepared a ND in accordance with CEQA Section 15074, to evaluate the potential environmental effects associated with the City's MOD and the Old Poway Specific Plan Amendment (Project). The ND contains all the contents required by CEQA, covering the 21 resources/topics, and concludes the Project's impacts will be less than significant.

SECTION 4: The ND documents, constituting the record of proceedings, are located in the City of Poway Development Services Department, Planning Division or found on the City of Poway webpage at this link: www.poway.org/development-projects.

SECTION 5: The City Council directs City staff to provide the City Council with an update, at a public meeting, regarding the implementation of the MOD approximately six months after this Ordinance becomes effective
SECTION 6: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable .

SECTION 7: This Ordinance shall be codified.

EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.

CERTIFICATION/PUBLICATION : The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
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II
II
August 5, 2025, Item #3
Ordinance No. 875

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Poway, California, held the 15th day of July 2025 and thereafter.

PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of August, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
5 of 25
August 5, 2025, Item #3
6 of 25
EXHIBIT 1

APPENDIX A

REVISIONS TO THE MUSIC OVERLAY DISTRICT

AND OLD POWAY SPECIFIC PLAN AMENDMENT
(COMPLETE TEXT OF AMENDMENT)
Ordinance No. 875

August 5, 2025, Item #3
Ordinance No. 875

I. PREFACE
The City of Poway adopted its General Plan in September of 1983. Under the General Plan Scenic Roadways Element, guidelines were adopted for preserving the scenic and historic resources of several important roadways that traverse the community. With regard to the City's Old Poway area, the segment of Midland Road between Hilleary Road and Twin Peaks Road has been designated as a scenic roadway. Many structures and cultural features that exist along the road are of significant historical value to the City, its residents, and the business community.

This segment of Midland Road is also the center of the Old Poway townsite, established in 1887, and represents early Poway Valley, once a prosperous area, with crop and dairy farming, cattle ranching, poultry production, and vineyards. The Archaeological, Cultural, and Historic preservation Element of the General Plan recommends that the Midland Road area be designated as a historically significant area. Any future development shall be designed to complement the historic character of the area.

Policy 6.b of the General Plan states, in part:

In the event that the City prepares a specific plan for Midland Road as an historic district or area, physical improvements consistent with the plan shall be required for all new permits for building, development, or substantial alteration.

On February 26, 1987, the Poway City Council reviewed and accepted a staff concept paper for the Old Poway Specific Plan (OPSP). Subsequently, the City Council appointed an Advisory Committee to provide community input during the preparation of the Plan.

The Project Area Map (Attachment 1) depicts the project area boundaries for the OPSP.

Attachment 2 depicts the existing General Plan land use and zoning. Much of the project area is also governed by the Poway Redevelopment Plan and will be the subject of Redevelopment Agency revitalization projects in conjunction with private and p1,.1blic development. The development of parcels of land and properties, and the improvement of streets, public rights-of-way, and public facilities located within the specific plan project area shall be in accordance with the text of this specific plan as well as applicable provisions of the Poway Municipal Code (PMC) and Poway General Plan.

II. INTRODUCTION
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On July 26, 1988, the City Council approved Part One of the OPSP which primarily contains the architectural design standards and guidelines for the project area. Part Two of the specific plan.

Comprises the implementation plan component of the document, and contains the goals, objectives, statements of policy, and planning and design proposals for the project area.

Part Two was formulated at a series of meetings conducted by the OPSP Advisory Committee. The meetings were open to the public.

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Ordinance No. 875

Part Two of the Old Poway Specific Plan is fully consistent with the primary goals and objectives of the Poway General Plan. Its text, graphics, and plan diagrams are designed to express and depict the General Plan in finer detail.

The goals, objectives, statements of policy and proposals of Part Two constitute the "implementation plan" of the OPSP. Goals, objectives, statements of policy, and planning and design proposals are employed within this text as technical, City planning terms, and a "general objective" is a secondary, more "specific aim." (A general objective is often time-measurable). A "statement of policy" is a "rule;" a planning "design proposal" is a "suggestion."
Ill. LEGAL DESCRIPTION
The specific plan project area is situated in the State of California, County of San Diego, City of Poway. As shown on Attachment 1 (Project Area Map), the project area is generally bounded by Twin Peaks Road on the north, Hilliary Drive on the south, Community Road on the west, and Tierra Bonita Road/Putney Road on the east. The area is contained within portions of Section 7, 12, 13, 14, and 18 (Township 14 South Ranges 1 West and 2 West). The project area consists of approximately 2,525 gross acres of land or about four square miles of territory.

IV. PURPOSE AND INTENT
The purpose and intent of the OPSP (Part Two) is to provide detailed planning design guidance to potential developers, investors, and the general public for private development projects, and to the City Council/Redevelopment Agency where public projects are concerned. Part Two of the specific plan will also provide for the orderly growth, development, redevelopment, and conservation of the Old Poway are of the community
Close adherence to Part Two will result in land development and public improvements which are consistent with the goals, objE!ctives, and requirements of the Poway General Plan and PMC with regard to the Old Poway/Midland Road area. Part Two shall apply to new development, revitalization projects, public improvements projects, and other projects which propose major additions or substantial exterior modifications or alterations.

V. AUTHORITY AND SCOPE
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In accordance with Section 65450, et seq., of the California Government Code (Article 8.

Specific Plans), the OPSP (Part Two) has been prepared as a component of the Poway General plan and will serve to implement the General Plan in the project area over the next several years. The OPSP (Part Two) provides a direct relationship and responsive linkage between the Poway General Plan and the Poway Zoning Development Code.

By City Council resolution, Part Two of the OPSP has been determined to be fully consistent with the Poway General Plan, its constituent plan elements, and the Poway August 5, 2025, Item #3
Ordinance No. 875

Redevelopment Plan. In addition, Part Two has been prepared in full compliance with the California Environmental Quality Act (CEQA) as amended, and the Guidelines thereof.

When the provisions of this specific plan differ from those of the Poway General Plan and the PMC, the provisions contained herein shall take precedence.

VI. RESPONSIBILITY FOR ADMINISTRATION AND APPLICATION
The primary responsibility for the administration, application, and interpretation of Part Two rests with the City staff during the consideration, recommendation, and approval of proposed land development and improvements within the project area. Part Two shall be consulted and incorporated at the conceptual design stage of a proposed project, to the extent feasible and practicable.

The City Council/Redevelopment Agency will retain ultimate authority and responsibility for the administration, application, and interpretation of Part Two.

VII. SURVEY OF EXISTING CONDITIONS
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One of the initial tasks of the OPSP Advisory Committee was to establish a database of existing land uses and physical conditions within the project area. This task was accomplished by assessing the current conditions/improvements of each parcel of land and evaluating existence, non-existence, and/or deficiencies of public utilities of public utilities and facilities. The project area was divided into five subareas, and the committee members conducted a survey of existing conditions. The survey data was used to formulate many of the planning and land use goals, objectives, and policies presented herein.

Survey information, along with City base maps, provided the committee with the status of public utilities and facilities, including existing streets, alleys, and access easements; drainage courses; sewer lines and septic systems; water lines and wells; and gas and electric utilities. After evaluating these issues, the committee formulated this plan which includes several objectives and policies regarding circulation, transportation, drainage, infrastructure, and public facilities and services.

The survey generated information regarding current land use and zoning designations in the project area. The committee identified three areas where special planning studies are recommended to review land use/zoning designations and to address public facilities, utilities, and special infrastructure needs. These areas are:

1. The Brighton Avenue area, bounded by Temple Street (north), Edgemoor Street (south), Old Poway Commercial Center (west), and Poinsettia Mobile Home Park (east).

2. The Midland Road/Adrian Street area, bounded by Vian Road (north), Adrian Street (south), Midland Road (west), and property lines located approximately 500 feet east of Midland Road.

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Ordinance No. 875

3. The York Avenue area, bounded by Norwalk Street (north), Edgemoor Street (south), Community Road (west), and Sycamore Avenue (east).

In February 1988, the development potential of the project area was analyzed. The project area was divided into five subareas (see Attachment 4). From aerial photographs, developed single-family lots were identified and located on a specific plan parcel map.

Undeveloped and underdeveloped residential lots were then assigned a density based on current zoning and development standards. In all cases, the maximum density was assumed for each zone. A four-acre minimum lot size was used for the RR-A zone.

The developed commercial lots were also identified. Attachment 3 contains the findings of the analysis. In each case, the acreage, types of uses, and approximate square footage were noted. The undeveloped and underdeveloped commercial lots within each subarea were combined and assigned in the Poway Zoning Development Code for the Commercial General (CG) zone. The existing square footage was subtracted from the maximum permitted commercial square footage to determine the potential of commercial space available.

The February 1988 analysis of development potential in the project area indicated that:

1. There were 1,601 existing residential dwelling units in the OPSP area consisting of single-family homes, mobile homes, condominiums, and apartment units and duplexes. Maximum development of the properties within the project boundaries would yield 407 new dwelling units for an overall increase of 38.3 percent.

2. Within the specific plan project area there were approximately 57,350 square feet of commercial space. This is approximately one half of the 113,429 square feet permitted by code. Nearly 56,079 square feet of commercial space was still available.

3. Additionally, a 4.75-acre site bounded by Aubrey Street (north), Temple Street (south), Sycamore Avenue (west), and Midland Road (east) was proposed as a new City-park (Old Poway Town Park). (A City-initiated specific plan for the park site has since been approved and is hereby incorporated by reference into this document.)

4. Since the time the analysis was conducted, three residential condominium projects have begun on parcels within the RC zone as follows:
o Northeast corner of Midland Road and Adrian Street - 18 units o Southeast corner of Midland Road and Edgemoor Street - 38 units o Southwest corner of Midland Road and Scots Way - 48 units VIII. SPECIFIC PLAN GOALS

1. Coordination of the development, expansion, and conservation of the form and character of Old Poway with the land use, circulation, public facility, growth, and environmental quality plans and programs of the City of Poway. 10 of 25
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2. Maintenance and establishment of circulation patterns and traffic networks which foster public safety and convenience and discourage through traffic in residential area.

3. Resolving the land use and planning problems, deficiencies, and environmental concerns associated with the Old Poway area.

4. Creation of physical buffers or open spaces which ameliorate the existing and adverse conditions of changing land uses along interfaces.

5. Improvement of public facilities, including streets, alleys, drainage ways, and infrastructure; promotion of traffic safety and efficient levels of traffic service; planning and development of parks; educational and recreational facilities; public/quasi-public institutions; and community and neighborhood civic and social centers.

6. Revitalization and enhancement of obsolescent or declining areas, facilities, and infrastructure of the Old Poway area through a private-sector/public-sector partnership, and a balanced program of conservation, rehabilitation, redevelopment, and environmental protection.

7. Encouragement of the development of quality residential, commercial, and mixed use projects which enhance the historic preservation, environmental and aesthetic quality, and goals of the Poway General Plan.

8. Establishment of an historic resource preservation plan and ordinance.

9. Encouragement of commerce and retail trade through the careful planning and development of appropriate land uses, including but not limited to, restaurants, bed and breakfast inns, public meeting/assembly facilities, civic buildings, and neighborhood parks and passive/active open spaces.

10. Establishment of the "Old Poway" theme through the implementation of the architectural standards and guidelines, historic exterior colors, and signage guidelines contained within Part One of this document.

11. Establishment of a system of circulation to accommodate bicycle, pedestrian, riding and hiking activities.

12. Procurement, careful siting, and maintenance of works of fine art or public art features.

13. Substantial conformance with the guidelines for commercial and residential structure setbacks contained herein.

14. Adherence to the City's parking, landscaping, community design, open space, and environmental protection plans and programs.

15. Encouragement of community, private developer, and landowner participation in the implementation of this specific plan through redevelopment activity and outreach programs.

16. Implementation of the streetscape plan for Old Poway. 11 of 25
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17. Encouragement of community, private developer, and landowner participation in the implementation of this specific plan through redevelopment activity and outreach programs.

18. Establishment of commercial land uses along Midland Road which are complementary to and supportive of the land uses within the Old Poway Park.

19. Implementation of the signage guidelines and historic exterior colors contained in Part One of this document.

IX. OBJECTIVES AND STATEMENTS OF POLICY
Objectives

1. Application of the City of Poway's community design environmental review procedures, landscape standards, and the guidelines, standards and criteria of the OPSP to the development, redevelopment, and conservation of the Old Poway area.

2. Application of the principles and standards of the Safety Element of the Poway General Plan, including those which pertain to police protection, fire prevention and control, and seismic safety, to the special requirements of Old Poway.

3. Establishment, development, and continuing management of mixed-use projects.

4. Substantial improvement of the project area's land use patterns and spatial relationships; economic picture; and streetscape planning, community design, and aesthetic quality.

5. Substantial stoppage of urban decline and blight; through the rehabilitation and conservation of the physical fabric and structures of the project area.

6. Addressment of the replanning, rehabilitation, and re platting of the special study areas identified herein.

Statements of Policy

1. The City should establish programs, and initiate projects for the conservation, improvement, and rehabilitation of the project area's declining physical, and adverse environmental conditions.

2. The City should establish programs oriented towards the comprehensive improvement of Old Poway's economic picture.

3. The City should address the project area's transportation, traffic, drainage, and infrastructural needs through intensified capital improvement programming, and special programs tailored to the special needs of Old Poway.

4. The City should implement the Old Poway Streetscape Plan and the architectural Design Standards and Guidelines of Part One.
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Ordinance No. 875

5. The City should Address the project area's sewer, water, and public utility needs.

PLANNING AND DESIGN PROPOSALS, SPECIAL REQUIREMENTS
The uses permitted for commercially zoned properties located within the CG zone in the OPSP area shall be the same as for the Commercial General (CG) zone of the Zoning Development Code with the following exceptions:

Commercial General (CG Zone) Land Uses
The following uses shall not be permitted:

1. Adult Businesses as defined in Sections 17.04.040 through 17.04.085

2. Appliance stores and repair

3. Athletic and Health club

4. Automobile and or truck services (including, but not limited to, body repair, painting, and car washes) and sales

5. Boat and camper sales and services

6. Fast food restaurants with drive-in or drive-through

7. Equipment rental yards including, but not limited to, trucks, trailers, hitches and services thereof

8. Supermarkets

9. Gasoline dispensing and/or automotive service stations

10. Department stores, discount department stores and membership department stores

11. Motorcycle sales and services including motorized bicycles

12. Nurseries and garden supply stores (except small-scale, retail, specialty stores where all equipment and supplies are kept within an enclosed area)

13. Sign painting shops

14. Tire sales and services

15. Vehicle storage yard

16. Convalescent homes and hospitals
The following additional uses shall be permitted:

1. Small hotels, bed and breakfast establishments, and boarding houses 13 of 25
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2. Farmer's market

3. Civic buildings
Ordinance No. 875

The following uses shall be permitted with approval of a Conditional Use Permit:

1. Residential units within a commercial project

2. Outdoor musical performances shall be an allowed use within the designated Music Overlay District (MOD) of the OPSP with an Administrative Use Permit (AUP), which requires discretionary approval authorized by the Director and subject to the requirements outlined in Section XX under the implementation procedures for allowed uses in the MOD
XI. RESIDENTIAL LAND USES
The planning and design of residential projects shall be in conformance with the regulations and requirements of the Zoning Development Code and those of the OPSP concerning land use density. Architectural design, signage, historic exterior colors, streetscape, planning, and works of fine art.

XII. PARKING AND LANDSCAPING REQUIREMENTS
Parking and landscaping requirements shall be in conformance with the City's on-site parking provisions and landscape standards.

XIII. WALLS AND FENCES
Walls and fences shall meet the City standards for construction, noise attenuation, and other environmental concerns. The architectural design and materials of walls and fences shall be consistent with the associated development project, shall promote visual quality, and shall be aesthetically pleasing to neighboring property owners and the general public.

In cases where walls and fences are not necessary for environmental protection purposes, strong consideration should be given to delete the requirement for such.

XIV. STRUCTURAL SETBACKS
Setbacks shall be as required by the PMC for the applicable zone except that buildings in the Commercial General zone which front on Midland Road shall be built to the front property line. Appurtenant building features such as porches, canopies, boardwalks, eaves, and awnings are encouraged and may extend up to ten feet into the public right­ of-way if so approved as part of the development review. These features shall be designed so as not to substantially create a safety hazard or public liability. 14 of 25
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Structural setbacks for residential projects shall be the same as the requirements of the Zoning Development Code (R zones) except when the City Council determines that a deviation from these standards will further the goals of this plan or is necessary because of lot configuration, potential environmental impacts, other physical constraints, and land use compatibility with surrounding land uses.
xv. CIRCULATION, TRANSPORTATION, DRAINAGE, AND INFRASTRUCTURE Over a period of many years, prior to the City of Poway's incorporation in 1980, Old Poway has evolved from a rural community to an urban settlement. This has occurred with a minimum of governmental planning. Consequently, drainage and infrastructure improvements were installed in a piece-meal, uncoordinated manner. This has resulted in a drainage and infrastructure system which is largely substandard and does not adequately serve the project area.
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Many of the existing streets and alleys in the project area do not meet the City of Poway's design standards. These standards include specifications for street width, sidewalks, curbs, gutters, and driveway entries. In order to address and resolve these deficiencies, the following is proposed.

1. Streets which are characterized by congestion or fail to provide effective circulation have a deleterious impact upon the areas they serve, and should be immediately and comprehensively studied.

2. Walkways used by children going to and from school should be improved and separated from vehicular traffic. Furthermore, new development and redevelopment projects should be required to place greater emphasis on pedestrian activity.

3. A capital improvement program should be prepared for the project area. This program should address the storm drain, sewerage, water, other utilities, transportation/circulation, and related infrastructure needs of the community.

XVI. OPEN SPACES
Old Poway's rural character and environmental quality can be maintained and enhanced through the provision of open spaces that are either natural or improved as part of a development project. One of the most visually prominent natural features in the project area is Rattlesnake Mountain. Because of its historical significance, ownership record, and its importance to the community as an environmental resource, it is proposed that this topographic feature be renamed "Kent Hill."
The following criteria for the siting of open space should be employed in the consideration of development in the project area:

1. Private and public open spaces such as parks, promenades, plazas, and enclosures should be incorporated as design features.

2. Common or joint open spaces, which serve several uses or buildings, are preferable to those which serve a single land use.

3. Open spaces should be accessible to external pedestrian traffic.

4. Open spaces, where feasible, should be protected from vehicular traffic.

5. Open spaces should be sited in a manner which provides interesting views to the pedestrian and traveler.

6. Open spaces should be sited in a manner which encourages effective landscaping, setbacks, buffers, and separations from adjacent development.

7. From a design standpoint, open spaces should be located, arranged, and developed in such a manner that they constitute an orderly extension of the building or buildings with which they are related, and vice versa.
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8. Where surface open spaces are not practicable, the employment of roof gardens and window boxes should be encouraged.

9. Terminal features such as fountains, statues, major buildings, and clusters of trees should be factors in the determination of the siting and arrangement of open spaces.

XVII. WORKS OF FINE ART
The use· of works of fine art would substantially improve the aesthetic, historic, and environmental quality of Old Poway. For the purposes of the OPSP, works of fine art, are limited to exterior works, and include, but are not limited to, sculpture, statuary, fountains, murals, monuments, stained glass, wood carvings, and other appropriate and authentic/historic features (i.e., wagons, windmills, farm implements) that manifest the historic period of the Old Poway area that was established in 1887.

Criteria and Requirements:

1. The City Council or Redevelopment Agency should encourage and participate in the procurement and installation of works of fine art. These works, at the discretion of the Council/Agency may be located on any public site, or with the requisite permission, on any private site. The area defined as the mandatory standards area of Old Poway, as depicted on Attachment 1 of the resolution approving Part One (see page 43 of Part One), is the area where works of fine art should be strongly encouraged .

2. Each private developer of a project within the mandatory standards area described above, should be encouraged to procure and install a work affine art. For the purposes of these requirements, a project is defined as a new building, a development project, or a substantially remodeled building or remodeled development project, as defined in Part One (see page 4, item 9).

3. The City Council/Redevelopment Agency, at its discretion, may permit private developers to acquire works of fine art for their individual projects, or to participate in a joint program with the City Council or Redevelopment Agency for the acquisition of works of fine art. The private developer may substitute a fine arts work with streetscape features as depicted on the Old Poway Streetscape Plan (Exhibit A of Part Two), and adjacent to the proposed development project with the approval of the City Council/Redevelopment Agency.

4. Works affine art should be appropriately located, and such locations shall be approved by the City Council/Redevelopment Agency. The City Council/Redevelopment Agency should consider the following location criteria prior to approving the siting of fine art in the project area:
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a. Professional quality and/or authenticity of the work of fine art. b. Antiques or period pieces proposed as fine art work should be of reasonable quality and condition .
c. Compatibility of the work to adjacent land uses and development projects. d. The scale of the work should be compatible with its location and setting.

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e. Cultural significance and educational value of the work. f. Compatibility of the work with the aesthetic values of the people of the City of Poway.

XVIII. OLD POWAY STREETSCAPE PLAN
The proposed streetscape plan for Midland Road and Aubrey Street is shown on Exhibit A The plan recommends the installation of 18 specific street furniture, light standard, and hardscape items as follows:

Item
Street Light
Pedestrian Light
Trash Receptacle
Entryway Sign
Tree/Planters/Seating
Fire Hydrant
Bus Bench/Shelter
Kiosk
Trash Barrel
Quantity
9 19
4 3
4 4
4 6
undetermined
Item
Bike Rack
Street Sign
Directional Sign
Bollard
Hitching Post
Hitching Rail
Watering Through/Planter
Half Barrel Plantar
Decorative Crosswalks
Quantity
14 Some of the above items are catalogue or current manufacturer's items, but the balance are of special design and unique to Old Poway.

XIX. MIXED USE PROJECTS
This plan encourages the development of mixed-use projects where residential rental or ownership dwelling units and commercial land uses can coexist in harmony, can be compatible with surrounding land uses and development, and can meet the regulations and special requirements of the Poway Zoning Development Code and those of this specific plan.

The following standards must be achieved for mixed use projects:

1. Residential units for rental or ownership shall be attached to commercial buildings and located above or to the rear of the first-floor commercial space.

2. All on-site parking requirements must be met for specific residential and commercial uses proposed as identified in the on-site parking regulations of the Zoning Development Code.

3. The adopted Landscaping Standards of the City of Poway shall be employed.

4. The City shall require that agreements be approved between the project developer and project owners and/or tenants with respect to project management, building and parking lot maintenance, utilities, financing, on-site parking arrangements, and landscape maintenance.
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5. The intensity and lot coverage of mixed-use projects shall be no greater than that permitted by the Commercial General (CG zone) and Multi-family Residential (RA and RC zone) requirements of the Zoning Development Code.

6. Architectural design, exterior colors, signage and graphics, works of fine art, structural setbacks, and streetscape features/furniture of mixed-use projects shall be in conformance with Parts One and Two of this specific plan.

7. The ratio of residential to commercial floor area within mixed-use projects shall require special consideration and approval by the City.

XX. IMPLEMENTATION PROCEDURES
Development under this specific plan shall proceed according to normal procedures of the City of Poway with regard to development review, conditional use permit, variance, and subdivision provisions . A development review may be required on any, and all, new structures as outlined in the PMC.

This specific plan proposes development goals, objectives, standards, and guidelines for the project area. Where such provisions differ from those listed in the Poway General Plan and Municipal Code, the provisions contained within this specific plan shall take precedent.

1. Implementation Procedures for Musical Performances in the OPSP Music Overlay District (MOD) with an Administrative Use Permit (AUP) Outdoor and indoor music performances are conditionally allowed at commercially zoned properties within the designated MOD as outlined below, but only with the approval of an AUP.

2. Music Overlay District Location
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See Exhibit A below for an aerial map depiction of the MOD. The proposed MOD would span a rectangular block of currently commercial zoned proportions bounded by Temple Street to the north, Brighton Avenue to the east, Edgemoor Street to the south, and Midland Road to the west.

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Exhibit A - Plan view of the Music Overlay District (MOD, shaded) and sample inclusive venue locations (orange callouts) and nearby noise-sensitive residential land uses (red arrows, tagged by zoning abbreviation) through a special events permit.

3. Procedures for obtaining an Administrative Use Permit The following discusses the procedure that an existing or future commercial business within the MOD can use to obtain an AUP.
a. Investigation and Report. At the applicant's sole cost and expense, the Director shall make an investigation of the application site plan showing the proposed location of the music, the sound attenuation measures, time and date of the performance, and a description of the proposed musical event characteristics . The Director shall then prepare a report identifying the proposed action to be taken, as well as any conditions to be applied to the application .
b. Action. Prior to acting to approve, approve with conditions, or deny an application for an AUP, the Director shall provide notice to property owners within 500 feet of the exterior boundaries of the subject property. The notice shall state that the Director will decide whether to approve, conditionally approve , or deny the AUP application on a date specified in the notice, and a public hearing will be held only if requested in writing by any interested person before the specified date for the decision .

Any written request for a hearing shall be based on issues of significance directly related to the application. If the Director determines that the evidence has merit and can be properly addressed by a condition of approval. no hearing shall be required.

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not apply, a hearing before the Director shall be scheduled, noticed, and conducted.
c. Required Findings. The Director shall make the following findings before granting or modifying an AUP:
i. The proposed location and operating characteristics of the proposed musical performances is in accord with the Music Overlay District, the OPSP, the purpose of the zone in which the site is located, and the City General Plan;
ii. The location and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures or natural resources;
iii. There will not be a harmful effect upon desirable neighborhood characteristics;
iv. The generation of noise will not adversely impact the physical character of surrounding streets, the Music Overlay District and/or the OPSP area;
v. The site is suitable for the type and intensity of music performance which is proposed;
vi. There will not be significant harmful effects upon environmental quality and natural resources;
vii. There are no other relevant negative noise impacts of the proposed use that cannot be mitigated; and
viii. That the proposed use will comply with each of the applicable provisions of this Specific Plan.
d. Notice of Decision. Within five days of rendering a decision on an AUP, the Director shall notify the applicant in writing of the decision. e. Appeals. Any decision of the Director may be appealed to the City Council and filed in accordance with the PMC.
f. Permit to Run with the Land. An AUP granted pursuant to the provisions of the Music Overlay District in the OPSP shall continue to be valid upon a change of ownership of the site, business, service, or structure which was the subject of the application.

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i. If a use is changed, the MOD AUP may be cancelled by the City, and will require a new MOD AUP for the new use.
g. Permit Allowances. Upon receiving an AUP within the Music Overlay District, participating in existing and future commercially zoned businesses can host (or produce their own) indoor or outdoor music performances including live or pre­ recorded music comprising vocals and instruments that may be amplified with conventional reinforcement techniques (e.g., speakers). Outdoor music (or more broadly, entertainment) must be consistent in character with the neighborhood and the OPSP objectives.
h. Suspension and Revocation. The provisions of PMC 17.48 related to modification, suspension, revocation, new applications and annual review shall apply to the AUP.

4. Music Overlay District Permit Compliance Requirements Hosted music performances at venues within the Music Overlay District would need to comply with the City of Poway's existing noise ordinance, which includes exterior noise limits depending on time of day and the type of land use in which the sound from an event is received. Pertinent portions of the PMC are summarized in the Noise Assessment prepared for the MOD available for review at the City Development Services Department.

5. Music Overlay District Monitoring
Permittees shall be required to self-monitor and report to the City Development Services Department by filling out and complying with the associated requirements in the OPSP MOD Project Design Feature-Noise-1 Implementation Form (PDF-NOl-1 IF) (form available from the Planning Divsion).
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The requirements for monitoring in the OPSP MOD include the following:
a. A sound level meter (SLM) model implemented for Event measurement sampling must be America National Standards Institute (ANSI) Standard S1 .4 Type 2 (general purpose) rated or better.
b. All SLM, microphones, and calibrators shall demonstrate, by way of an affixed seal on the instrument or via documentation reviewed by and/or to the satisfaction of the Qualified Acoustician, that they have undergone certified factory or laboratory calibration conformance testing within a year prior to expected usage in the field.
c. The SLM shall be capable of measuring A-weighted (dBA) noise levels and operating on the "slow" response setting.
d. A Qualified Acoustician shall have the following minimal qualifications:

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i. Bachelor of Science or higher degree from a qualified program in engineering, physics, or architecture offered by an accredited university or college, and five years of noise analysis; or current enrollment as a full Member or Board-certified Member in the Institute of Noise Control Engineering (INCE).
ii. Demonstrated experience in preparing and implementing construction noise controls, sound abatement, and monitoring plans on construction projects, calculating construction noise levels, and designing and overseeing the implementation of construction noise abatement measures.

6. Music Overlay District Reporting
The permittee shall produce annual reports demonstrating compliance with the shared threshold during evening hours at the one meter from the source of the music. The annual report would include all OPSP MOD AUPs and PDF-NOl-1 IF produced throughout the calendar year.

7. Scope of the Musical Performances Allowed in the Music Overlay District Because of the proximity of existing residential land uses outside the Music Overlay District, the scope of outdoor music performances should be relatively modest productions - Larger or more intense performances would almost certainly need to be planned and executed indoors and within buildings structural envelopes featuring closed windows and doors or would require a separate noise analysis confirming compliance with the noise ordinance. Additionally, no performances would occur during nighttime hours (10 p.m. through 9 a.m.).

8. Project Design Feature Requirements in the Music Overlay District 23 of 25
Permittees wishing to host outdoor or indoor music performances in the MOD must ensure compliance with the City's noise threshold by implementing the following Project Design Features (PDF) identified below.

Operation of any outdoor or indoor music event hosted by a commercial business within the Overlay Zone shall conform to the following acoustic conditions:
a. Daytime and Evening (9 a.m. to 10 p.m.)
i. Attendance within the spectator area of the indoor or outdoor venue shall not exceed 60 persons or fewer if limited by PMC or permit and include patrons and any onsite support staff that host the event in progress.
ii. Music at the event shall not begin before 9 a.m. or continue after 10 Q.J11.

August 5, 2025, Item #3
24 of25
Ordinance No. 875

iii. For outdoor events, the aggregate sound level from live (acoustic) performers and/or from one or more speakers emitting amplified music shall not exceed a total of 84 A-weighted decibel (dBA) sound pressure level (SPL) at a distance of 3.28 feet (one meter) from the position of the nearest performer or speaker. A higher aggregate sound level of up to +5 dB may be permitted if an acoustic blanket, solid fence, or other acoustically non-porous barrier is installed and provides linear occlusion (a.k.a., line-of-sight block) between the music sound sources and the nearest offsite receptors that would otherwise be exposed. iv. For indoor events, the aggregate sound level from live (acoustic) performers and/or from one or more speakers emitting amplified music shall not exceed a total of 94dBA (99 dBA with acoustical screening) at a distance of 3.28 feet (one meter) from the position of the nearest performer or speaker. A higher aggregate sound level of up to +15 dB (i.e., 109dBA SPL (114 dBAwith acoustical screening] at one meter) may be permitted if all windows and doors of the event space are closed.
v. If any proposed event parameters above may exceed the indicated constraints, then a qualified acoustician shall prepare or review a predictive sound propagation analysis prior to the proposed event in order to identify need for recommended noise control or sound abatement implementation measures that could include (but not be limited to):

A. Via the pre-installed house audio-visual (AN) system or AN hardware supplied by the hosted event performers, set
electric controls on amplified sound levels to comply with the a.iii SPL threshold;
B. For an outdoor music venue, install temporary noise walls, curtains, or other barrier forms so as to improve containment and absorption of sound within the outdoor music venue
space and thus minimize spill-over noise to the community beyond; and
C. Install on-site sound level measurement systems (e.g., akin to Nti Audio of comparable supplier technology) to monitor event sound levels in real-time and provide alerts to event hosts and administrators. Collected data and alerts offer an opportunity to provide feedback to event performers as part of implementing administrative control sound emission
levels.
vi. Collected data from 8.b.iii above can also provide evidence that an event was compliant with required sound limits and might be used to support assertions that future events (such as an annual seasonal festival) would also be compliant.

August 5, 2025, Item #3

9. Music Overlay District Enforcement
Ordinance No. 875

The Sheriff's Office shall have primary responsibility for the enforcement of noise complaints about musical performances within the MOD per PMC Chapter 8.08.180.

Noise complaints can be made by contacting the Sheriff's non-emergency dispatch at 858-968-3200 or 858-513-2800 (during regular business hours).

XXI. AMENDMENT PROCEDURES
Any amendment, whether City-initiated or private, to Specific Plan 88-01 (Part Two) shall be processed in accordance with Chapter 17.47 (Specific Plan Regulations) of the Zoning Development Code and shall, if approved, be adopted by City Council resolution.

XXII. ENVIRONMENTAL REVIEW
Staff has conducted an Environmental Initial Study for the proposed project which consists of the OPSP, Part Two. The proposed project would apply to all future development located within the project area, and such development would be assessed for potential environmental effects at the time future development applications are considered by the City. The project would serve to implement the goals and objectives of the General Plan.

The application of the project to future development projects would not result in any adverse significant environmental effects.

XXIII. FINDINGS
Parts One and Two comprise the entire OPSP document which has been prepared in accordance with Section 65450 of the California Government Code (Article 8. - Specific Plans). The plan is fully consistent with the Poway General Plan and will provide for its systematic implementation.
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August 5, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT Cityof Pow ay
August 5, 2025
Honorable Mayor and Members of the City s_o,~ cil
Eric Heidemann, Director of Public Works 1A'
Carlos Cortes, Utilities Administrator
(858) 668-4703 or [email protected]
Six-Year Update to the Sewer System Management Plan

CITY COUNCIL
The California State Water Resources Control Board (SWRCB) Order No. 2022-0103-DWQ (Order) mandates all public entities that own or operate sanitary sewer systems greater than one mile in length and collect and/or convey untreated or partially treated sewage to a Publicly Owned Treatment Works (POTW) facility develop and implement a system-specific Sewer System Management Plan (SSMP). An SSMP describes the activities an agency uses to manage its wastewater collection system effectively. The Order requires self-audits every three years and a complete update of the document every six years. In addition, the Order requires all updated documents be approved by the collection system's governing body.

Recommended Action:

It is recommended the City Council review the 2025 SSMP, adopt the Resolution approving the updated SSMP, and direct staff to submit the document to the Regional Water Quality Control Board (RWQCB}, as required by Order No. 2022-0103-DWQ.

Discussion:

The City of Poway transports sewage (wastewater) through 186 miles of internal collection pipelines for eventual treatment by the City of San Diego or City of Escondido. On May 2, 2006, the SWRCB adopted Order No. 2022-0103-DWQ, a General Waste Discharge Requirement (WDR), for all federal and state agencies, municipalities, counties, districts and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated, or partially treated sewage to a POTW facility in the State of California. The goal of the WDR is to provide a consistent statewide approach for reducing sanitary sewer spills (spills). One requirement of the WDR is that an SSMP must be developed and approved by the collection system's governing body, where subsequent updates must also be approved by the governing body. The SSMP describes the agency's plan to effectively manage the wastewater collection system. 1 of 5
August 5, 2025, Item #4
The WDR also requires self-audits every three years and a complete update of the document every six years. The self-audits require the City to evaluate the effectiveness of SSMP in preventing spills and to identify any necessary modifications within the six-year updates. The City of Poway developed and submitted its original SSMP to the RWQCB in 2009 and updated SSMPs were submitted in 2014 and 2019. As required, City staff have also been completing self-audits every three years.

This SSMP update contains all 11 required elements as defined in the Order. A copy of the SSMP is on file with the Office of the City Clerk and also available online, provided as Attachment B to this report.

During the self-audit conducted on February 2, 2025, staff identified the primary updates needed include revising points of contact, updating system map graphics to reflect new developments, incorporating procedures for the GraniteNet sewer line assessment and video recording software, and changing the terminology from "SSO" to "spill."
Environmental Review:

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

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

A. Resolution Approving the Six-Year Update to the Sewer System Management Plan B. SSMP Six-Year Update
Reviewed/Approved By:

W~ aserman
Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Ap~
O!f&2)
Chris Hazeltine
City Manager
August 5, 2025, Item #4
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, APPROVING THE SIX-YEAR UPDATE

TO THE SEWER SYSTEM MANAGEMENT PLAN
WHEREAS, State Water Resources Control Board (SWRCB) Order No. 2022-0103-DWQ, effective as of June 5, 2023, mandates all federal and state agencies, municipalities, counties, districts and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated sewage to a Publicly Owned Treatment Works (POTW) facility in the State of California to develop, implement and maintain a current system-specific Sewer System Management Plan (SSMP); WHEREAS, the City of Poway owns and operates a sanitary sewer system greater than one mile in length that collects and/or conveys untreated sewage to a POTW facility in the City of San Diego;
WHEREAS, SWRCB Order No. 2022-0103-DWQ superseded all previous sanitary sewer system orders, including Order No. 2006-0003-DWQ, which required self-audits every two years and SSMP updates every five years;
WHEREAS, SWRCB Order No. 2022-0103-DWQ also requires self-audits every three years and SSMP updates every six years, including any significant program changes; WHEREAS, the City of Poway submitted its SSMP in 2009, submitted the five-year update in 2014, and performed a self-audit every two years as required in Order No. 2006-0003-DWQ; WHEREAS, City staff completed the required five-year update of its SSMP in 2019 and performed self-audits as required; and
WHEREAS, City staff has completed the required six-year update of its SSMP in 2025.

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

SECTION 1: That the Six-Year Update to the City of Poway's Sewer System Management Plan is hereby approved.
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II
II
II
II
II
II

ATTACHMENT A
August 5, 2025, Item #4
Resolution No. 25-

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DI SQUALi Fl ED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
4 ofS
August 5, 2025, Item #4
Sewer System Management Plan (SSMP) Six-Year Update (on file in the Office of the City Clerk)
Available Online:
https://docs . poway . org/Web Link/Doc View .aspx?id = 171715&dbid=0&repo=Cityof Poway Item 4 - Resolution Approving the Six-Year Update to the Sewer System Management Plan 5 of 5 ATTACHMENT B
August 5, 2025, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
August 5, 2025
Honorable Mayor and Members of the City Co~ cil
Eric Heidemann, Director of Public Works 1,
Robert Weber, P.E., Principal Civil Engineer- Utilities~ vJ (858) 668-4717 or [email protected] \~

CITY COUNCIL
Award of Agreement to GHD, Inc. for the Design Services of Emergency Water Interconnection No. 2, RFP No. 25-016
A request for proposals (RFP) for the Design of Emergency Water Interconnection No. 2, RFP No. 25- 016, was duly advertised on May 15 and May 22, 2025. Four (4) proposals were received on June 19, 2025. Staff reviewed the proposals submitted and selected GHD, Inc. (GHD) as the consulting firm to provide the Design Services for Emergency Water Interconnection No. 2 for the City of Poway (City).

Staff determined GHD best meets the evaluation criteria and suits the needs of the City. The length of this agreement shall begin August 6, 2025, and go through the end of the project.

Recommended Action:

It is recommended the City Council award the Agreement for the Design Services of Emergency Water Interconnection No. 2, RFP No. 25-016, to GHD, Inc., and authorize the City Manager to execute the necessary documents.

Background
With the goal of increasing the reliability of drinking water for water customers now and for generations to rnme, the City is undertaking its largest capital improvement program in the City's history, referred to as the Water Infrastructure Improvement Program (Program). The Program was presented to the City Council as an informational item, to provide updates and to request approval of the various components on March 18, 2020; June 16, 2020; October 20, 2020; November 17, 2020; March 16, 2021; April 20, 2021; June 1, 2021; July 20, 2021; August 17, 2021; April 5, 2022; October 18, 2022; February 7, 2023; May 16, 2023; August 15, 2023; September 19, 2023; November 19, 2024 and April 15, 2025. A comprehensive summary of the project background and status including photos and recent time lapse construction video can be found on the project webpage: https://poway.org/water ­ projects.
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August 5, 2025, Item #5
Program Overview
Poway inherited its water distribution system when it incorporated in 1980. Safety standards have evolved over time and while the City conscientiously budgeted for Water Infrastructure Improvements, this Program addresses key improvements identified in a mutual agreement with the State of California Water Resources Control Board Division of Drinking Water (DDW). It includes the following three projects:

Phase I - Clearwell Bypass Project
The Clearwell Bypass Project consists of temporary and permanent bypass pipelines, a temporary pump station, a pressure regulating station and two temporary bypass tanks. Each tank has a storage capacity of 1.4 million gallons (MG). The bypass pipelines, pump station and pressure control facility are located within City property at the Lester J. Berglund Water Treatment Plant (Berglund WTP) site, as well as the Public Works Operations Yard and parking lot. The two temporary tanks are located on the softball field at Lake Poway Park. This bypass system allows the Clearwell to be taken offline for replacement.

Phase II - Clearwell Replacement Project
The Clearwell Replacement Project consists of replacing the existing lined and covered embankment style Clearwell with two new 4-million-gallon prestressed concrete tanks. The existing Clearwell had reached the end of its useful life and needed replacement to maintain reliable service to Poway residents. The overflow structure of the Clearwell will also be replaced with new DDW compliant overflow pipes with air gaps.

Phase Ill - Treated Water Facilities Project
The Treated Water Facilities (TWF) Project provides Poway with its first treated water connection and is a cooperative project with the Ramona Municipal Water District (Ramona). The project includes flow bifurcation control valves, a pump station, forebay and a transmission pipeline providing redundancy to the existing single transmission pipeline on Lake Poway Road.

Related Projects - Interconnections with the City of San Diego In accordance with the City's agreement with DDW, two treated water interconnections to the City of San Diego's system will be constructed. Emergency Interconnection No. 1 will be located on Avenida La Valencia at the Bridle Trail near Pomerado Road and Emergency Interconnection No. 2 will be located on Poway Road from Springhurst Drive in the City of San Diego to Francine Terrace in Poway.

These projects, together with the TWF project, will provide treated water in the event of an unplanned outage affecting Berglund WTP.

Discussion:

City staff prepared a detailed RFP to select and retain a qualified consultant to provide Design Services for Emergency Water Interconnection No. 2. The RFP was advertised on May 15 and May 22, 2025.

The City received four (4) proposals on June 19, 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 RFP, firm and project team qualifications, project understanding and approach, and project experience. Although the proposed fees were reviewed to confirm proposers understood the scope of the project, the City is not required to select the lowest fee proposal for professional services contracts. The table below alphabetically lists the not-to-exceed 2 of33
August 5, 2025, Item #5
amounts from the responsive proposers:

Table 1: RFP 25-016, Design of Emergency Interconnection No. 2 Responsive Proposers
Proposer City Total Fee for Total Fee
Base Scope w/Optional
Tasks
Ardurra San Diego, CA $345,999 $356,546
Bowman San Diego, CA $460,670 NIA
GHD Irvine, CA $370,560 $383,038
Harris San Diego, CA $559,939 $566,575
As a result of the proposal evaluation, the evaluation committee determined GHD provided the most comprehensive and best value proposal, had a clear understanding of project requirements, and precisely defined the approach and methodology to accomplish the City's goals.

Additionally, GHD's proposal demonstrated extensive experience in water pipeline design and a thorough approach to design of the project including evaluation of multiple candidate pipeline alignments, determination of the appropriate location for the metering facility, and knowledge of traffic control requirements including those of the City of San Diego, where a portion of the pipeline will be located.

Environmental Review:

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

Fiscal Impact:

Sufficient funds are available in the relevant Capital Improvement Project account WT045 to award the Agreement for the Design Services of Emergency Water Interconnection No. 2 for the recommended amount of $383,038. The City proactively planned for this Emergency Water Interconnection No. 2 project as part of the development process for the FY 2024-25, which resulted in unspent funds being carried forward into the current FY 2025-26 budget, with funds appropriated from the Water Capital Improvement Fund (5110). The primary source of revenue retained in Fund 5100 is from developer contributed water connection fees.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
3 of33
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
August 5, 2025, Item #5
City of Poway

STANDARD AGREEMENT FOR SERVICES
This AGREEMENT, entered into this 6th day of August, 2025, by and between the CITY OF POWAY (hereinafter referred to as "CITY") and GHD INC., (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, CITY desires to obtain the services of a of a private consultant to perform engineering design services for Emergency Interconnection No. 2 (PROJECT); WHEREAS, CONSULTANT is a(n) specialized engineering design firm 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 or the performance of services, or the failure to perform services as directed by City. Termination 4 of33 ATTACHMENT A
August 5, 2025, Item #5
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 Consultant has a financial interest as defined in Government Code Section 87103. Consultant 5 of33
August 5, 2025, Item #5
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:
[gl 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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August 5, 2025, Item #5

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 of33
August 5, 2025, Item #5
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.
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August 5, 2025, Item #5
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, 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 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 of33
August 5, 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 (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 of 33
August 5, 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, CMC, City Clerk
APPROVED AS TO FORM:

By: ___________ _
Alan Fenstermacher, City Attorney
11 of 33
GHD INC.

By:-----------­
Casey Raines, PE, Associate
August 5, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Consultant agrees to perform consulting services as required by City, which shall consist of the engineering design services for Emergency Interconnection No. 2, further described in the Scope of Services submitted with the proposal dated June 19, 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 Proposals submitted with the proposal dated June 19, 2025, which are included in this document as Attachment 2.

Total fee is not to exceed $383,038.00. 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.

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.

C. Term of Agreement.

This Agreement shall be effective from the period commencing August 6, 2025, and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." 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 33
August 5, 2025, Item #5
(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 of 33
City of Poway
Department of Public Works - Utilities
P.O. Box 789
Poway, CA 92074
GHD Inc.
320 Goddard Way, Suite 200
Irvine, CA 92618
August 5, 2025, Item #5
ATTACHMENT 1
[Q) Statement of Services
Project Understanding and Approach
Background
In response to aging infrastructure and the need for
the Lester J. Berglund (Berglund) Water Treatment
Plant (WTP) effluent reservoir replacement project, the City embarked on a capital improvement project (CIP)
program to improve their treated water system reliability and increase water transmission and delivery flexibility.

Prior to the development of the program, the City
relied solely on treating imported raw water from the
CWA aqueduct at the Berglund WTP and treated water
storage tor delivery to its service area customer base.

The program identified the need tor alternative treated water supplies in order to meet customer demand while
allowing raw water treatment systems to be taken down
for maintenance or when it is otherwise out-of-service.

The Emergency Interconnection No. 2 is one of three
new emergency supply connections the City will make
to nearby treated water supplies to increase options
·for supplying treated water to customers when needed.

Emergency Interconnection No. 2 will interconnect the
City of Poway's 715 Pressure Zone (PZ) with the City of San Diego's Miramar PZ (712) for unidirectional supply.

The interconnection will be subject to the terms provided by the December 2024, "Treated Water Interconnection
Agreement between the City of Poway and City of
San Diego." Terms of the agreement relevant to design
and construction are as follows:
111 The City of San Diego will supply the City with up to 1,560 gallons per minute (gpm) of treated water through I Emergency Interconnection No. 2;
c The City of San Diego will supply metering and
communication equipment to the City for installation
by the City's Contractor during project construction;
c A flow meter will be installed in a below grade vault also supplied by the City of San Diego;
c A 4-20 mA flow signal will be monitored by San Diego
and split to supply Poway an alternative signal to
monitor flow independently.

Other important terms of the agreement include
San Diego will continue to own the supplied equipment
following its installation, and the agreement is valid for 20 years, with possible extension .
14 of 33
GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 Project Undlerstanding
Emergency Interconnection No. 2 will interconnect the
City 's 715 PZ with the City of San Diego's Miramar 712 PZ for additional treated water reliability . The connection will require approximately 3,100 linear feet (LF) of new 12-inch pipeline from the intersection of Saber Springs Parkway and Springhurst Drive in the 712 PZ (San Diego) to the intersection of Poway Road and Francine Terrace in the 715 PZ (Poway).

Approximately half of the new 12-inch pipeline alignme'nt will be located in the City of San Diego and the other half in the city of Poway. The water pipeline will most likely be constructed of PVC, but ductile iron pipe is an option.

Because a section of new pipeline will be located within the City of San Diego, both the City and City of San
Diego will be reviewing and approv ing submittals during the design process . Permits from both agencies will also be required, and technical support and completion of
permit applications will be necessary.
:'Photo 1~ Intersection of Sabre Springs Parkway-and
; ·springhurst Drive (looking westerly) • • -.-
: •. •. -~ ,_, --~·,,, _ ., __ - '"''-1,.~.,i~t...'1.,_1 ...... , . ... r_ !:i:

D. Statement of Services I 12
August 5, 2025, Item #5
A majority of the project alignment will be located
within the heavily travelled arterial street. Poway Road.

Engineered traffic control plans are included in the
project and will be required to reduce the traffic impacts and enhance public and contractor safety during
construction . Since about half of the pipeline is within the City of San Diego, approval of the traffic control plan by the City of San Diego will be needed . GHD recently
completed the design of the Otay 1'1 and 2nd Pipelines
West of Highland Avenue transmission pipeline project
which required extensive traffic control design plans
and approval from the City of San Diego. Through this
experience , we have developed a strong familiarity
with the City of San Diego's processes, regulatory
requirements , and engineering personnel. This knowledge will be instrumental in providing effective cross-agency coordination throughout the duration of this project.

In addition to pipeline design and connections, will be needed to measure and monitor the flows transferred
between the agencies. The project will require flow meter station design, traffic control and permitt ing support. and include a thorough understanding of the project
and alignment study, geotechnical investigation. survey mapping, utility research, and potholing .

Our Approach
The GHD team has reviewed the information in the RFP
for the Emergency Interconnection No.2 project. walked
the project site, and reviewed the Kennedy Jenks Final
Technical Memorandum of the Emergency Treated Water
Interconnection Evaluation. These efforts resulted in a thorough understanding of the project and development
of the following project approach for the Emergency
Interconnection No. 2 Pipeline and Metering Station
identified in the RFP. Our approach will give the City
confidence in the GHD team's ability to seamlessly fulfill the project's needs.
15 of 33
GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 Existing Utiliti es
The project area is heavily congested with multiple
existing utilities, including potable water, sanitary
trunk sewers, large storm drains, and underground
telecommunications and duct banks. GHD will thoroughly
review existing as-built drawings and organize utility
coordination to capture locations of existing utilities impacting the pipeline alignment.

GHD's subconsultant, Underground Solutions, Inc. (USI). will perform vacuum excavation and utility locating
(potholing) services. Before conducting the potholing
and utility locating, GHD will prepare a matrix with a
corresponding plan for the known crossings and parallel utilities that we consider crit ical. The matrix will reference the available plan informat.ion to document the utility . location . A meeting will be held with the City to discuss the matrix and pothol ing plan in detail before finalizing the field delineation list.

GHD will visit the proposed pothole locations and
determine if alternate means, such as electromagnetic
tracing or GPR, could provide accurate locations
and avoid traffic control and pavement patching at
difficult pothole locations . USI will prepare and submit a comprehensive report with all utility data and
photographs we will use for the final design.

GHD will coordinate the design and permitting of the
proposed Emergency Interconnection No. 2 pipeline
with applicable utility agencies along the alignment. GHD will also coordinate with the State Division of Drinking Water (DOW) to obtain a waiver for the 10-foot minimum
horizontal separation requirement from any parallel
sanitary sewer pipelines if the Emergency Interconnection No. 2 pipeline alignment is less than the 10-foot horizontal separation .

D. St atement of Services I 13
August 5, 2025, Item #5
•
• •
Feasible Alignments
GHD will use our design team's combined experience designing hundreds of miles of pipeline, to develop and refine the preferred alignment. As shown in the figures below, we have prepared road sections from our preliminary utility research along the alignment and developed four (4) feasible alignment alternatives along Poway Road as well as alignment along Springhurst Drive and two (2) meter station location alternatives for preliminary consideration. These will serve as a starting point for discussion with the City of Poway's engineering, utilities, and operations staff. Changes to the alternatives will be made to incorporate City concerns and preferences. These modifications will be incorporated and become the official alignment study alternatives for the preliminary design. Table 1 below describes evaluates the benefits of each of the 4 alternatives.

Table 1. Alignment Alternatives Comparison
Poway Road
. Alignment Proposed Location Work Area
Width Considerations '
.... . .

Wide-open corridor .

Large work area.

Alternative 1 East Bound Lane 7.5 feet 28 feet wide Existing curb and gutter . North of South Curb Face Good location for future maintenance work .

Bike lane is out of service during construction
East Bound Lane 8.5 feet Narrow utility corridor.

Alternative 2 South of Median Curb Face 22 feet wide Adjacent to existing water line.

Maintains bike lane during construction
Wide-open corridor. Large work area.

Alternative 3 West Bound Lane 13.5 feet 28 feet wide Avoids damaging curb and gutter.

South of North Curb Face Good location for future maintenance work .

Bike lane is out of service during construction
Alternative 4 West Bound Lane 8.5 feet 22 feet wide Wide-open utility corridor.

North of Median Curb Face Maintains bike lane during construction Exhibits 1 through 5 on the following pages show proposed location for each alignment alternative to be evaluated during preliminary design.

Traffic Impacts
The Emergency Interconnection No. 2 Pipeline alignment
is primarily located along busy arterial and residential streets adjacent to residential communities, an assisted living complex, a church, an elementary school, and
nearby businesses. We anticipate constant vehicular and pedestrian traffic activities throughout construction . Poway Road and Springhurst Drive are major arterial streets for •!
the community and region. It will be important to maintain access to adjacent residences and businesses and
continuous traffic flow through the intersections during the pipeline construction. Construction phasing or possible detours will be evaluated if there is heavy traffic congestion anticipated during construction . GHD may also investigate if trenchless construction could mitigate the traffic concerns ,:.Photo 3: Intersection of Poway Road 1=1nd Springh.l!lrst Drive (!ookir.ig easterly) . .... . ~ . ' - . . . - . . . ..
if utility congestions are a complicating factor .

GHD's in-house traffic control engineers will prepare the engineered traffic control plans required for the entire Emergency ·Interconnection No. 2 Pipeline construction . We have an excellent performance record of traffic control engineering with municipal and government agencies throughout Southern California. including the cities of Carlsbad, Anaheim, and Long Beach.

GHD will work with the cities of Poway and San Diego to establish the contractor's traffic control criteria in the respective jurisdiction . The criteria will define the required control measures, traffic control schedule, and temporary pavement and trench safety requirements . This coordination during design will clearly define the traffic control requirements, expedite traffic control plan approval, and eliminate traffic-related change orders during construction . 16 of 33
GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 D. Statement of Services I 14 August 5, 2025, Item #5
Exhibit 1
►
Emergency Connection No. 2 Project
New 12-inch Water
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August 5, 2025, Item #5
Flow Meter Installation
Per the treated water interconnection agreement. the
City of San Diego will supply a flow meter for installation by Poway's Contractor under this contract. The meter will be installed just down stream of the new connection to
measure flow transferred from the City of San Diego to
Poway. The agreement does not specify the type or size
of the meter to be supplied. however it will likely be one of the two most common types, either a propeller meter
or a mag meter. Meter size will range from 6-inch to 10- inch and be a function of the flow meter type. An 8-inch propeller meter flow range caps out at about 1,500 gpm. so a 10-inch propeller meter would be required to
measure the 1,560 gpm maximum flow. Mag meters have
a larger flow range and a 6-inch mag meter can measure
flows in excess of 2,000 gpm, so a 6-inch mag meter
would be sufficient. Table 2 shows the typical flow ranges for each meter type.

Table 2. Typical Flow Range by Meter Type and Size
Flow Capacity Ranges (gpm)
Flow Meter Size
6-inch
8-inch
10-inch
Propeller Meter.
90-1200
100-1500
125-1800
. MagMeter .
4-3500
6-6100
10-9600
Flow meter capacity requirements by agreement is a
maximum flow of 1,560 gpm.

Per the agreement. the meter will be owned by the
City of San Diego and used to monitor the quantity
of flow transfers to the City of Poway. Because of
this, the installation is most likely to be in accordance with the agreement for a below grade installation in a
concrete vault. City Standard drawing WS-04 shown
in Figure 5 covers meter installations to 6-inches. A
similar installation would likely be used for larger meter installations as well.
22 of 33
GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 The City has indicated that they may prefer an above
grade meter installation. GHD will work with the City
during the preliminary design phase to confirm the
installation location considering all factors such as
access. location. land ownership, and operator safety.

The City has indicated a potential to locate the new
metering facility near the City's waste water flow metering facility which will be Alternative 1.

The least cost installation for the City would be to install the new flow meter in a below grade vault provided by
the City of San Diego and located in the parking lane
between the existing wastewater flow metering facility
and the right turn lane as shown on Exhibit 1. This
location will allow for the required straight runs of pipeline upstream and downstream of the meter, while the new
San Diego SCADA communication panel can be located
above grade in the parkway and receive power from the
existing wastewater panel installation.
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D. Statement of Services I 20
August 5, 2025, Item #5
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City of Poway Emergency Connection No. 2
ID !Task Name I Duration !Start !Finish I l 2026
__ Jill~!J.9~-~P..[.Q~J!',!qv.lQ~f J..an\E.ebllilad~wiMIDd.JunJ Jul JAl{g]S!lpJocd Notice to Proceed 0 days Wed 8/6/25 ~:~;:::2~
5 tf'
6 - • -• • · · · ·· · · ···· I 2 Tasl< 1 - Project Management and QA/QC 201 days Tue 8/12/25 - 3 Project Kick-off Meet ing 1 day Tue 8/12/25 Tue 8/12/25 t - - - Tue 5/19/26 • l 4 Progress and Coordination Meetings 10 mons Wed 8/13/25 -- 11 5 Prepare QA/QC Plan 5 days Wed 8/13/25 Tue 8/19/25 ---- 6 QA/QC all deliverables 10 mons Wed 8/13/25 Tue 5/19/26 ·-- I 7 Task 2 - Data Collect ion 31 days Tue 8/19/25 Tue 9/30/25 T
---·
8 Initial Meet ing & Site Visit 1 day Tue 8/19/25 Tue 8/19/ 25 -- t 9 Utility and Record Requests & Data Aqusition 20 days Wed 8/20/25 Tue 9/16/25 - t -, 10 Review TM, Reports, Data, and Review Meeting 30 days Wed 8/20/25 Tue 9/30/25 - -- ---- 11 Task 3 - Easement Acquisition Support 75 days Wed 9/3/25 Tue 12/16/25 Ir--;-·- i I •
12 Identify Permanent and Temporary Easement Requirement : 10 days Wed 9/3/25 Tue 9/16/25 --··· 13 Prepare Easement Documents if Needed (Optional Task) 30 days Wed 11/5/25 Tue 12/16/25 -----· 14 Task 4 - Investigat ions 55 days Wed 9/3/25 Tue 11/18/25 'l7 --
15 4.1 Perform Survey 25 days Wed 9/3/25 Tue 10/7/25 ---- -- l. Ii 16 Utility Mapping 10 days Wed 10/8/25 Tue 10/21/25
I' ~ - - _ I 17 4.2 Geotechnical Investigation 30 days Wed 9/3/25 Tue 10/14/25 ,1.: ----- ... . I 18 4.3 Potholing 10 days Wed 11/5/25 Tue 11/18/25
. I I ---
19 Task 5 - Preliminary Design 55 days Wed 8/20/25 Tue 11/4/25 '+_! ··r·
---
20 5.1 Alignment Verificat ion 10 days Wed 8/20/25 Tue 9/2/25 ·-·-- - - 21 5.2 Technical Memorandum & 30% Drawings 20 days Wed 10/8/25 Tue 11/4/25 r ►•
- -22 5.3 Field Walk 1 day Wed 10/22/25 Wed 10/22/25 - - 23 Preliminary Design Wor kshop 0 days Tue 11/4/25 Tue 11/4/25 -- 24 Task 6- Final Design 156 days Wed 11/5/25 Wed 6/10/26 - ---· 25 60% Plans, Specificat ions and Cost Estimate 2 mans Wed 11/5/25 Tue 12/30/25 I - 26 60% Design workshop 0 days Tue 12/30/25 Tue 12/30/25 j 12/30 - -- Wed 12/31/25 Tue 1/20/26 27 60% City Review Period 15 days _J_
---
Wed 1/21/26 Tue 3/17/26 28 90% Plans, Specifications and Cost Estimate 2 man s I - -
Tue 3/17/26 Tue 3/17/26 j 3/17 I 29 90% Design Workshop 0 days ! - - ---- 15 days Wed 3/18/26 Tue 4/7/26 I 30 90% City Review Period ·, J - ·•·•• - ·-· ·-- .

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August 5, 2025, Item #5
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--- --- --- ----------------
31 100% Plans, Specifications and Cost Estimate
--- - --
32 100% Design Workshop
- -----
33 100% City Review Period
----- -
34 100% Field Walk
--- --- --
35 Prepare Final Plans Specifications and Cost Est.
- - - -----·
36 Submit Final Design Stamped Bid Documents
1-- · - -
37 Tasl< 7 - Permitting Support
1--- -----
38 Task 8 - Services During Bidding
- ------
39 Prebid Meeting
--------
40 Prepare Addenda and Respond to Bid Questions
--- -
41 Project Complete
City of Poway Emergency Connection No. 2
!Duration !Start linish
J
2026
----·--·-· Jul IAualse~l~IDiPec Jan-1Fe~lli1i!cl~ ; yjJunl Juij,~g]Qg_j _ 1 man Wed 4/8/26 Tue 5/5/26
0days Tue 5/5/26 Tue 5/5/26 ~ 5/5 I
15 days Wed 5/6/26 Tue 5/26/26
i 1 day Wed 5/27/26 Wed 5/27/26
l
} 10 days Thu 5/28/26 Wed 6/10/26 l
0 days Wed 6/10/26 Wed 6/10/26 .... 0
5 mans Wed 12/31/25 Tue 5/19/26 t .
25 days Wed 7/15/26 Wed 8/19/26 .... -
1415 0 days Wed 7/15/26 Wed 7/15/26
I 25 days Thu 7/16/26 Wed 8/19/26 ··1
f s,19 0 days Wed 8/19/26 Wed 8/19/26

August 5, 2025, Item #5
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ATTACHMENT 2
Price Proposal

FEE PROPOSAL
This proposal's price is for DESIGN SERVICES FOR EMERGENCY INTERCONNECTION NO. 2. These services are as set forth in the Technical Specifications in Section IV .

DESIGN SERVICES FOR EMERGENCY INTERCONNECTION NO. 2
The prices set forth below include all work required to provide all labor, equipment, tools, materials, and incidentals affiliated with services specified in this RFP. Provide summary fee table that depicts tasks, hours by labor category, expenses, and total proposed fee by task .

Labor Category Hourly Rate
(Examples of po·sition titles. Actual
positions and titles may be different and
must be filled in bv the proposer)
Proiect Manaoer
Assistant Proiect Manaoer
Other: Project Director $361
Other: Quality Control $337 - $361
Other: Senior Project Manager $312 - $337
Other: Project Manager $300
Other: Senior Project Engineer $283 - $300
Senior Engineer / Project $242 - $263 Other: Engineer
Staff Engineer/ Design Engineer $185 - $234 Other: /CAD Other: Engineering / Planning Intern $173
Other :

Project Administration / $185 /1,-..,-..n, 1ntino
Other: Project Assistant $160
Other:

Other:

Other :

Total Project Cost: $383,038.25
25 of 33
GHD I City of Poway I Emergency Interconnect ion No. 21 RFP No. 25-016 G. Price Proposal I 28 August 5, 2025, Item #5
A detailed breakdown of our proposed fee for the Project is provided in the attached Tables 1 and 2. Our fee
proposal outlines the project tasks. team member hours, hourly rates, subconsultant costs. and reimbursable
expenses associated with our approach and the scope of
work to accomplish the City of Poway's goals.

The attached Table 1 includes our services for Non­
Optional Tasks 1 through 8 in the amount of $370,560.25, and the attached Table 2 includes our services for
Optional services, Task 3.2, in the amount of $12,478.00.

GHD will bill these services monthly at a "time and
materials" basis with a maximum not-to-exceed amount
of $383,038 .25. GHD's hourly rates are also attached
in accordance with the RFP and the table provided in
Section VII of the RFP.

We have also attached our subconsultants' cost
proposals . The respective fees for our subconsultants
are based on performing the field work in accordance
with the State of California's prevailing wage laws where required.

General Assumptions
Our fee proposal is based upon the following
assumptions:
■ The anticipated project schedule is 13 calendar
months.
■ The proposed waterline design will be approximately
3,100 feet in length.
• Modifications to existing utilities other than water will not be required.
• The final plan set will contain the drawings and figures as shown in Table 3 below. No custom specifications
are anticipated or proposed for this project.
• Up to 3 plan and profiles sheets will be prepared.
■ Up to 3 engineered traffic control plans will be
prepared .
• The Project Kick-Off Meeting and two (2) Coordination Meetings with Key Agencies and Stakeholders (City of
San Diego) will be in-person meetings. Up to four (4)
GHD staff will attend these meetings.
• All other meetings and design workshops will be virtual via Microsoft Teams. Up to five (5) GHD staff will attend ~- these meetings.
• Workshop preparation includes presentation via
Microsoft PowerPoint.
• All fees including utility data requests and permits will be paid by the City of Poway.
■ The project does not include any customer
connections.
26 of 33
GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 • The project does not include any hydraulic modeling
work.
• The project does not include any design using
trenchless construction methods.
• The project will not include any environmental studies. • The geotechnical scope of services does not include
any study for hazardous soil or groundwater.
■ The project will not include any community outreach
work.
• Any additional scope of work items requested by the
City of Poway, City of San Diego, or stakeholders can
be provided upon a mutually agreed amendment to
GHD's contract.

Table 3. Sheet Index
Ill
1 2
3 4
5 6
7 8
9 Figure-1
Figure-2
• Title
Cover Sheet, Location Map, Sheet Index
Notes, Legend, Abbreviations, Symbols
Plan and Profile - STA 0+00 to 11+00
Springhurst Drive and Poway Road (650' e/o
Springhurst Dr)
Plan and Profile STA 11+00 to 22+00
Poway Road (650' e/o Springhurst to Iola Way)
Plan and Profile STA 22+00 to 31+00
Poway Road (Iola Way to Francine Terrace)
Metering Facility Plan and Sections
Traffic Control Title Sheet, Notes, Details
Traffic Control Plan 1 - Springhurst Drive/ Poway
Road
Traffic Control Plan 2 - Poway Road
Pavement Restoration Plan 1
Pavement Restoration Plan 2
G. Price Proposal I 29
August 5, 2025, Item #5
➔ Fee Proposal (Non-Optional Tasks)
City of Poway Design Services for Emergency Interconnection No. 2 (RFP No. 25-016) June 19, 2025
Task1 Projoct Managomant and QA/QC
t . _S~b_task 1.1 Proj!!~t K~~•?ff ~ee~ng (i~-P~.!~~.n) • -· • ; . _ ~ubta.~k .1. ~ ~o,:i\~ly D~s!g~ .s~~~ul~ _ ~rog~~~~ ~pd~!!:~ (~9) I Su~task .1.3 ~~_nµ,l_y Pr!)g_r~s.slC~~!-~ina~i~_n_~~~e~ngs (1QJ y_i~.M~ _T~~~s . ... -i _Su~ll}sk 1.4 Bi-wee_kly_ypdates {2~)_vi_a emai! .
... , $u~task 1.5 -qoordi~a~ _~e<:l~ngs wit~ K~ ~gcn~ies_an~_?l?~ehol~~rs (2) (in-pcr~onl ~ Subtask 1.6 Monthly Invoicing (13)
• Subtask 1: r° Foe~~ Me.etings (2) ·~-nd Oe;Jg~ ·w~~shops (4) wilh City vi~ "Ms Tea..;,·s ~ ~ubt~sk 1~8 QA/QC ~_la_~ • • •• • • - • •
.. t Subtask 1.9 Constructability/O&M/Safcly Review or Submittals (5) i Taslc2 Data Collection
..
1 Subtask 2.1 Prei::ia:e for ~eeting ~iyi qity C?_n :~la~d~rds. ~ ~cords. an.d qata Ga~ering . ._ Sub/ask 2.2 Data Gathering and Review of City Records and Documents ~ .su~la _sk .2.3 F}~ld Vi~it (_1) .~n~ 1.f!vestigalions ~f U.liit_i~s. RQ~. ~le. ; Su~task ?A Acquir~ Mapping aryd R~!=or~. D~o_wings fr~~ Ot~~ Ag_~n~ies_ an~ Utililies ~ Su~t!1_sk 2.5 Ct'.)_mpile ~a~e Mapping_~ry~ !deJ)tlfy ~~ri~_d!ctlonal_ U_mjt_s Subtask 2.6 lndependenl Review or KJ Tech Memo
i Subtask 2.7 Prepare for Meeting. ~ilh ° City on· R~sulls fof Data· Gathering/Site Recon1.Ana1r.;is .. 1 Task3 E,asement Acqu isiti on Support
Ii., Subtask 3.1 Identity Proposed Facilities Inside ROW and Boundaries !/l!'Task4 Investigations
i Subtask 4.1 Utility Coordination and Plotting
~ - ~~bt~~~ ~>i su·~~~~g an~·ToR~gr~Phi~~a-~~ ~~~~n9 ·. . : -~- . _ .. •. _. _ . • ... I. $ub!!JS~ ~-3. ~e?.te~~-n!C?I ln~c-~lig~!i'?~. p ~~ii ~~ri-~9~1 .L~~ •. D_ra~ ~epo~ •. ~n~ _F_in?I. ~eP'?f!). ~ Subtask 4.4 Potholing (12 Potholes and Report)
• 1 TaskS Prolfmlnary Dosfgn
- ?':'b_ta~~ S._1 Alignm_!!l'!l.'!e ri.~~ll~n al'!~ ~rop_o.s~E.~.~t~ri_ng Facility Lo_ca_~on ~" ~l!btask _ S.~ Prep:8~e ~~~- D~awi~gs
I ._ ~ubta~~ 5.3_ Craft Preliml.~ary q_~sign_T~nical Memo_ran::1um ~ S~bta~k 5.4 Con~p~u-~I }r_aff~ ~~_nlr'?! Plan_s
~~b!!1Sk_S.S ~~% o~~~ings_fie!d. ~al_k
-
Subtask 5 6 30'/, Design Workshop ~rei:!~rahon
.:._--,. Subtask 5. 7 Final Preliminary Design Tech Memo (including comments respon5e log) l/{ask6 Final Design
..: SubliJs~ 6.1 6_0%_PS&E a~d !f~ffic~~!)lro~ Pla~s
i Su~~ask 5._2 60'(o ~~ign Wo~ks_hop PreJ?~ra!i_on .
~ ?.ubt~sk ~.3 9~% 1:'S~_E .aDd ~r~ffi~ C~-~~ol ~!<_1.~s a.nd 60~/o ~~-m~ent_s M~trilC ~u~task 6._4 90o/, Design yYo[~~-h?P Pre.~~rali~~
' ' Subtask 6.S 1Cl9_% P~E i:,~d 1ta~c Col'!!t°5JI fllnl'!~ _il_n~ 9'?'% Comme~!~ MatriK_ r ~ubtask ~.6 109% ~eslgn Works.~op l:'r~p_a~!i~n. _
!Ii, $~btas_k 6.7 10~•/2 Ora~ings f.i!!ld Wal_~Y-'.~l!l City Sl~f! ~ Subtask 6.B Final PS&E and Traffic Control Plans and 100% Comments Matrix i Task7 Permitting Support
~ Sublas~ 7.1 Pe~,:nit Coordi.~~11~~ w_ith_ Ci!)!_'?! S~~ .Di_eg~ ~ Pipeli!1e a.~ T_ra~c _c;~ntr(?I Pl~~s .. i ~ubtas_k 7._2 ~~QA_ ~UPP~!i • No~i~ ~.r. ~~'!'I?! ~ _ _ . . . _ . _ • Subtask 7.3 Pavement Restoration Figures
~ taskB Services During Bidding
~ S11bt~s.k B:t Pre.Bid.~gen~da_ ~~d.Lea~~~~eling _and.Ficl911:{al~•!h•u ~'ti $':'bt_ask ~·? ~~sp~~ !~-~_ld9e_r O~.e~~ons . .
/ Subtask 8.3 Prepore Bid Addend• (2)
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~ Subtask s.4 Review and A~alVZe Bids
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GHD I City of Poway I Emergency Interconnection No. 21 RFP No. 25-016 remi § i1
G. Price Proposal I 30
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August 5, 2025, Item #5
➔ Fee Proposal (Non-Optional Tasks), continued
City of Poway Design Services for Emergency Interconnection No. 2 (RFP No. 25-016) June 19, 2025
28 of 33
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G. Price Proposal I 31
August 5, 2025, Item #5
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FEE PROPOSAL (Optional Task) for
City of Poway Design Services for Emergency Interconnection No. 2 (RFP No. 25-016) Project
Dcscrtpllon Manager
Ulysses
Fandino
June 19, 2025
■ g.i.r.1~-·
August 5, 2025, Item #5
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person 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 of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period 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 August 5, 2025, Item #5
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 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.

August 5, 2025, Item #5
(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 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

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:

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).
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August 5, 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."
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August 5, 2025, Item #5
August 5, 2025, Item #6
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

August 5, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Pool Circulation Pump Replacement Project with Horizon Mechanical Contractors of California, as Complete
Summary:

On June 18, 2024, the City Council awarded the Pool Circulation Pump Replacement project contract to Horizon Mechanical Contractors of California, Bid No. 24-005, in the amount of $108,800.00. This action will accept the project as complete.

Recommended Action:

It is recommended the City Council:
1) Accept the Pool Circulation Pump Replacement project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $5,776.95 if unencumbered, 45 days after City Council acceptance;
4) Release the American Contractors Indemnity Company Bond for Material and Labor in the amount of $108,800.00 after the release of retention; and 5) Retain the American Contractors Indemnity Company Bond for Faithful Performance for a period of one (1) year.

Discussion:

The Pool Circulation Pump Replacement project at th e Poway Community Swim Center has been completed. As part of the project, a new circulation pump and motor were installed to replace the previous system, which had exceeded its expected lifespan. With the new circulation pump in place, the pool will continue to be maintained at a comfortable temperature of 80 to 84 degrees, supporting a variety of aquatic activities for the community.

This action accepts the Pool Circulation Pump Replacement project as complete. Horizon Mechanical Contractors of California has completed all work in accordance with the contract plans and specifications. The slngle change order, in the amount of $6,738.89, consisted of furnishing and 1 of2
August 5, 2025, Item #6
installing a new fiberglass protection grate in the pump room to replace an outdated section that no longer accommodated the new lower-profile pump and motor. The new grate includes structural reinforcement and a non-slip corrosion-resistant surface. The final contract amount is $115,538.89.

Environmental Review:

The action of acceptance of public improvements, which was the subject of a prior environmental determination, is not considered a Project as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15378(b)(S) no environmental review is required.

Fiscal Impact:

There are sufficient funds available in the project account (M N046) for the release of retention. Project MN046 was funded by the City Capital Replacement-Building Fund 6170 as included in the Adopted FY 2024-25 Budget.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
August 5, 2025, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicq
Jeff Beers, Capital Improvements Manager
(858) 668-4624 or [email protected]

CITY COUNCIL
Rejection of Received Bid for the Fiscal Year 2025 Poway Center for the Performing Arts Maintenance Project, Bid No. 25-009, and Direction for Staff to Re-Scope and Re­ Advertise the Project
A Notice Inviting Bids was duly advertised on April 10, 2025, for the Fiscal Year (FY) 2025 Poway Center for the Performing Arts (PCPA) Maintenance Project. One bid was received and opened on May 13, 2025, and it exceeded the project budget. Per Municipal Code Section 3.28.070(E), at its sole discretion, the City Council may reject all bids presented and re-advertise for bids in accordance with California Public Contract Code Section 20166.

Recommended Action :

It is recommended the City Council reject the received bid and authorize staff to proceed with the re­ scoping and re-advertisement of the project.

Discussion:

The PCPA is a state-of-the-art professional theater, which opened in May 1990, with a seating capacity of 797. The Center was designed for professional and student performances ranging from major plays and concerts to appearances by individual artists of national acclaim.

This project is the next phase in a comprehensive maintenance program to replace much of the mechanical, plumbing and electrical equipment in the facility as well as replace interior finishes. At this point in the building's lifespan, most of the equipment has outlived its standard useful life and should be replaced . In addition to the building's infrastructure replacement needs, additional required Americans with Disabilities Act {ADA) upgrades are needed throughout the facility.

The first phase of the anticipated five-year project replaced the building roof and was completed in Summer 2024. This second phase bundled Heating, Ventilation and Air Conditioning (HVAC) equipment replacement with general ADA improvements and electrical work. The scope of this project 1 of 2
August 5, 2025, Item #7
has been refined since the FY 2024-25 budget was adopted. Due to long lead times for HVAC equipment, specifically, air handling equipment, the project was phased to focus on general ADA improvement and electrical upgrades. This scope of work could be completed without lengthy equipment lead times.

On May 13, 2025, the City received a single bid for $1,001,818.00 from M.W. Vasquez Construction Company, Inc. The engineer's estimate for the advertised project is $600,000.00, which was based on historical cost for similar projects. The single bid received is $401,818.00, or 60 percent, over the engineer's estimate. Since the City reserves the right to reject the bid, and there is a significant difference between the engineer's estimate and the low bid that was received, staff recommends City Council reject the bid. The project scope will be adjusted, and the work will be rebid combining it with the FY 2025-26 scope of work.

Environmental Review:

This action is not a "project" as defined under Section 15378(b)(5) of the California Environmental Quality Act (CEQA) State Guidelines; ch.erefore, no environmental review is required.

Fiscal Impact:

None.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

Wendyaserman
Assistant City Manager
2 of 2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPO RT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Co1>il
Eric Heidemann, Director of Public Works 4
Danielle McIntosh, Senior Management AnalysK~
(858) 668-4729 or [email protected] 'cJ ·

CITY COUNCIL
Hazardous Mitigation Grant Program Updates: Funding Acceptance and Award of Contracts for Hazardous Tree Removal Services
The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), administered by California Governor's Office of Emergency Services (Cal OES) through Presidential Disaster Declaration DR-4382, provides 75/25 cost-share grants to help local governments reduce long-term hazard risks. Grantees are required to fund 25 percent of project costs. In March 2019, the City Council adopted Resolution 19-016 approving an HMGP application for hazardous tree removal along Twin Peaks Road, Espola Road, and within Green Valley open space to mitigate fire hazard, protect structures and reduce fuel load making emergency evacuation routes safer for residents in the event of a wildfire. In November 2020, FEMA approved Phase 1 of DR-4382-199-12, the City's Hazardous Mitigation Project (Twin Peaks, Espola and Green Valley HMGP). In May 2021, Council adopted Resolution 21 -021 to accept up to $1,901,866 (the anticipated FEMA total project award at the time) in HMGP funds and appropriate matching funds. Phase 1 awards totaled $183,875 to Hazard Mitigation Program Project MSC009. Phase 1 was completed in April 2022. In February 2025, FEMA approved funding for Phase 2. Due to additional FEMA funds being made available and released to the City, the Phase 2 awarded funds exceeded amounts previously presented to the City Council.

A Request for Proposals (RFP) for Hazardous Tree Removal Services was duly advertised on June 19 and June 26, 2025, in compliance with federal procurement regulations, 2 CFR §200, for contracts over $250,000 requiring a formal procurement method. An RFP was used to allow for evaluation based on qualifications, technical approach, and safety measures, in addition to cost. A mandatory project site walk was conducted on June 27, 2025. Seven (7) proposals were received and opened on July 10, 2025.

Staff reviewed the proposals submitted and determined West Coast Arborists, Inc. to be responsive and qualified to provide these services. The length of this Agreement shall be two (2) years beginning on August 6, 2025, through August 5, 2027.

Additionally, in June 2022, the City applied for a second FEMA grant under the Stafford Act through the Pre-Disaster Mitigation (PDM) program to support further wildfire mitigation. The proposed project includes strategic hazardous tree removal for fuel load reduction, defensible space, and fuel breaks along a designated portion of Camino del Norte within Poway city limits. A matching fund commitment of $64,125 is required. In November 2024, Cal OES notified the City that FEMA approved 1 of64
August 5, 2025, Item #8
PDM Project 22-0001-PJ0003 (Camino del Norte HMGP) and released funds in the amount of $187,500 for the City's Camino del Norte HMGP project.

A Request for Quotes (RFQ) for Hazardous Tree Removal was distributed on June 5, 2025, via email to all applicable contractors registered on the City's California Uniform Public Construction Cost Accounting Act (CUPCCAA) list. This procurement falls within the Simplified Acquisition Threshold (currently $250,000) established under 2 CFR §200, which permits the use of informal procurement methods. In accordance with these federal requirements and to ensure fair competition, a request for quotes was issued to obtain pricing from an adequate number of qualified sources. Three (3) quotes were received and reviewed on June 20, 2025. Evaluation criteria included both the contractor's capacity to perform and the proposed cost. After reviewing the submissions, staff determined that West Coast Arborists Inc. was responsive and qualified to provide the required services. The term of the Agreement will be two (2) years, beginning on August 6, 2025, and ending on August 5, 2027.

Recommended Action:

It is recommended the City Council:
1) Adopt a Resolution authorizing the City Manager or designee to execute necessary documents with FEMNCal OES to accept and expend DR-4382-199-12 Phase 2 FEMA HMGP federal and local share funding in the amount of $2,442,801; reaffirm authority for the Finance Director or designee to appropriate the $1,832,100.75 of FEMA share funds; appropriate $610,700.25 to meet the local 25 percent match requirement; and accept additional award for grant management costs in the amount of $94,320.80 from the Unassigned General Fund, Fund Balance (F1000) to MS009 for the Twin Peaks, Espola, and Green Valley HMGP;
2) Award the Agreement for Hazardous Tree Removal Services for Twin Peaks, Espola, and Green Valley HMGP to West Coast Arborist, Inc. in an amount not to exceed $2,500,000; 3) Adopt a Resolution authorizing the City Manager or designee to execute necessary documents with FEMNCal OES to accept and expend PDM 22-0001-PJ0003 Camino del Norte HMGP funding in the amount of $187,500 of FEMA share funds; authorize the Finance Director or designee to set up a Project Account (MS014) to appropriate the $187,500 FEMA share funds; and appropriate $64,125 to meet the local 25 percent match from the Unassigned General Fund, Fund Balance (F1000) to MS014 for the Camino del Norte HMGP; and
4) Award the Agreement for Hazardous Tree Removal Services for Camino del Norte HMGP to West Coast Arborist, Inc. in an amount not to exceed $200,000.

Discussion:

Wildfire is a significant hazard in the Poway area, with major fires impacting residents in 2003 and 2007. In 2003, fueled by Santa Ana winds, the Cedar Fire swept through Poway, destroying 53 homes.

Later, in 2007, the Witch Creek Fire burned 7,247 acres, led to the evacuation of over 7,000 residents, and destroyed 90 homes. The proposed HMGPs are crucial to mitigating the threat offuture wildfires along major evacuation routes. FEMA's HMGP funds enable the City to recover costs associated with completing hazard mitigation projects and receive reimbursement from FEMA through Cal OES. These are cost-share grants, with 75% of the funding provided by the federal government and a required 25% contribution from local sources.

Twin Peaks. Espola. and Green Valley HMGP
The Twin Peaks, Espola, and Green Valley HMGP project scope includes the strategic removal of approximately 2,500 hazardous trees along Twin Peaks Road (between Pomerado Road and Midland Road), Espola Road (between Valle Verde Road and Titan Way), and within the Green Valley open space 2 of64
August 5, 2025, Item #8
areas. The project's objective is to reduce fire intensity, creating defensible space and fuel breaks to protect civilians and public safety vehicles along these corridors .

Twin Peaks Project Areas:

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Ranch o
Arbollros
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eiahbo rnood
Espola and Green Valley Project Areas:
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Brldlewood
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Poway Unlfle~
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Phase 1 FEMA funds were awarded and accepted by City Council in May 2021. Council approved total project funding not to exceed $1,901,866 (the anticipated FEMA total project award at the time) and authorized the grant required 25 percent local match requirement. Phase 1 deliverables including a 3 of64
August 5, 2025, Item #8
comprehensive tree inventory/assessment completed by certified arborists, surveys, title searches, environmental permitting, and resident outreach were submitted to Cal OES in April 2022. During Phase 1, in October 2021, the City was notified that additional DR-4382 funds had become available.

In response, the City requested these funds to increase the number of trees to be removed within the Twin Peaks Road and Espola Road project areas. The request was approved, and the additional funds were included in subsequent total award for Phase 2. Between phase approvals, FEMA conducted an Environmental and Historic Preservation (EHP) cultural site visit and released a Biological Assessment in 2023. In 2024, FEMA issued a Supplemental Environmental Assessment, the City responded to FEMA's project related Requests for Information (RFls) and a FEMA Public Notice was published locally to which no public comments were received.

In February 2025, FEMA awarded Phase 2 federal share funding in the amount of $1,832,100.75 (75 percent) through Cal OES. The City's local matching share is $610,700.25 (25 percent). FEMA also awarded $94,320.80 for grant management costs, which do not require a local match. The total Phase 2 project cost is $2,537,121.00. Including Phase 1 funds of $183,875.00, the total project cost for the Twin Peaks, Espola, and Green Valley HMGP is $2,720,996.80.

Grant Subaward Funds for Twin Peaks, Espola and Green Valley HMGP Date of FEMA Project Federal Share Local Match Share SR Management Costs Approval: Phase: (75 percent): (25 percent): (no match requirement): Total:

Nov. 3 2020 Phase 1 $137,906.25 $45,968.75 N/A $183,875.00 Feb.3,2025 Phase 2 $1,832,100.75 $610,700.25 $94,320.80 $2,537,121.80 Total HMGP Totals: $1,970,007.00 $656,669.00 $94,320.80 $2,720,996.80 Camino del Norte HMGP
In June 2022, the City of Poway applied for a congressional state grant under the Stafford Act through FEMA's Pre-Disaster Mitigation (PDM) program. The Camino del Norte HMGP scope includes removing approximately 170 hazardous, non-native, or invasive trees and trimming approximately 200 trees along Camino del Norte between Poway's western city boundary and Pomerado Road. The objective is to reduce fuel loads and create defensible space and fuel breaks to protect homes and support safe evacuation routes.

Camino Del Norte Project Area
4of64
,,:. • :--... ,,1 1•
f-.l..:1<.l1i.>1uh HH.

August 5, 2025, Item #8
In November 2024, Cal OES notified the City that FEMA had released $187,500.00 (75 percent) for the Camino del Norte HMGP, following a Cultural Resources Site Visit and completion of the required EHP review. The City's local match share is $64,125.00 (25 percent), bringing the total project cost to $251,625.00.

Grant Subaward Funds for Camino del Norte HMGP
Date of FEMA Federal Share Local Match (25 SR Management Costs (no Total: Approval: (75 percent): percent): match requirement):

Nov. 9, 2024 $187,500.00 $64,125.00 NIA $251,625.00
When hazardous tree removal work begins in the fall of 2025, the City will implement a comprehensive communication strategy to ensure residents are informed and engaged throughout the process. The project is scheduled for completion by the end of 2026. Written notifications will be provided to households that have submitted right-of-entry agreements, outlining the scope of work, anticipated schedule, and other pertinent details. Additionally, updates on project progress and scheduling will be shared regularly with the City Council and posted on the City's Hazardous Tree Removal Mitigation Grant web page (https://poway.org/1065/Hazardous-Tree-Removal-Mitigation-Grant) . This approach promotes transparency, helps residents prepare for temporary disruptions, and supports the broader goals of community safety and resilience.

Staff requests City Council authorize acceptance of HMGP awards, allocate funds for the City's HMGP projects, authorize the Finance Director or designee to appropriate the federal and local match share funds to Project MS009 (Twin Peaks, Espola and Green Valley HMGP) and Project MS014 (Camino del Norte HMGP); and authorize the award of contracts to qualified vendors for tree removal services for the specified project purposes.

Environmental Review:

A California Environmental Quality Act (CEQA) Notice of Exemption has been filed with the County of San Diego for each HMGP.

Fiscal Impact:

The noted action reaffirms previous authority granted to the Finance Director or designee to appropriate and transfer the federal and local match shares for the Twin Peaks, Espola, and Green Valley HMGP Phase 2 FEMA award, which includes the federal share to be reimbursed to the City of $1,832,100.75 (75 percent), the City's local match of $610,700.25 (25 percent), and a supplemental grant management allocation of $94,320, which does not require a local match. The total Phase 2 project cost is $2,537,121.80. An appropriation and transfer from the General Fund Unassigned Fund balance (F1000) to the Hazard Mitigation Program project account MS009, in the amount of $2,537,121.80, will occur following approval. This transfer and appropriation had previously been approved by the City Council through action at the May 4, 2021, Regular City Council meeting, Item 7 as noted below:

May 4, 2021 Agenda Item 7, Approved Action, "Staff also requests Council authorize the Finance Director or designee to appropriate and transfer the remaining HMGP federal and local shares to the Hazard Mitigation Program Project account as subsequent phases are approved by FEMA" Additionally, authorize the Finance Director or designee to appropriate and transfer the federal and local match shares for the Camino del Norte HMGP FEMA award, which includes the federal share to 5 of 64
August 5, 2025, Item #8
be reimbursed to the City of $187,500 (75 percent) and the City's local match of $64,125 (25 percent).

The total project cost is $251,625. An appropriation and transfer from the General Fund Unassigned Fund balance to the Hazard Mitigation Program project account MS014, in the amount of $251,625, will occur following approval.

These federal share funds will be initially covered by the General Fund until reimbursement is received from FEMA. Sufficient funds are available to fulfill this request.

Public Notification:

None.

Attachments:

A. Resolution
B. Notification of Phase 2 Approval, H MGP DR-4382-199-12 C. Notification of Approval, PDM 22-0001-PJ0003
D. Standard Agreement, Tree Removal Services for HMGP DR-4382-199-12 E. Standard Agreement, Tree Removal Service for PDM 22-0001-PJ0003 Reviewed/Approved By:

Wendy Kaserman
Assistant City Manager
6 of64
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
August 5, 2025, Item #8
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

POWAY, CALIFORNIA, AUTHORIZING ACCEPTANCE OF

HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDING
FOR PHASE 2 OF PROJECT DR-4382-199-12 AND PROJECT
PDM 22-0001-PJ0003 FROM THE FEDERAL EMERGENCY

MANAGEMENT AGENCY (FEMA), AND AUTHORIZING

RELATED APPROPRIATIONS AND EXECUTION OF REQUIRED

DOCUMENTS
WHEREAS, the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and under Presidential Disaster Declaration DR-4382, provides funding to state and local governments to implement long-term hazard mitigation measures to reduce the loss of life and property due to natural disasters; WHEREAS, the Pre-Disaster Mitigation (PDM) program is also administered under FEMA's Hazard Mitigation Grant Program;
WHEREAS , in the State of California, the HMGP and PDM programs are administered by the California Governor's Office of Emergency Services (Cal OES); WHEREAS, the City of Poway is undertaking HMGP projects to reduce wildfire risk through fuel reduction, removal of high-risk vegetation, and creation of defensible space; WHEREAS, on November 3, 2020, and November 9, 2020, FEMA and Cal OES, respectively, approved Phase 1 of Project DR-4382-199-12, awarding grant funding in the amount of $137,906.25, with a required local match of $45,968.75; WHEREAS, on May 4, 2021, the City Council accepted Phase 1 grant funding for Project DR-4382-199-12, established Project No. MSC0009 (Hazard Mitigation Program), and authorized appropriations and future transfers from the General Fund Unassigned Fund Balance in an amount not to exceed $1 ,901,866;
WHEREAS, in October 2021, the City submitted all required Phase 1 deliverables for Project DR-4382-199-12 to FEMA via Cal OES;
WHEREAS , on February 3, 2025, and February 25, 2025, FEMA and Cal OES, respectively, approved Phase 2 of Project DR-4382-199-12, awarding grant funding in the amount of $1,832,100.75, with a required local match of $610,700.25, and an additional $94,320.80 in grant management costs (no match required);
WHEREAS, on October 17, 2024, and November 9, 2024, FEMA and Cal OES, respectively, approved Project PDM 22-0001-PJ0003, awarding grant funding in the amount of $187,500.00, with a required local match of $64,125.00; WHEREAS, the total cost of Project DR-4382-199-12 (Phases 1 and 2) is estimated to be $2,720,996.80, including $1 ,970,007.00 in federal funding, $656,669.00 in local match funding, and $94,320.80 in grant management costs; and
7of64 ATTACHMENT A
August 5, 2025, Item #8
Resolution No. 25-

WHEREAS, the total cost of Project PDM 22-0001-PJ0003 is estimated to be $251,625.00, including $187,500.00 in federal funding and $64,125.00 in local match funding.

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

SECTION 1: The City Council hereby accepts and authorizes the expenditure of FEMA HMGP funding for Project DR-4382-199-12 Phase 2 in the amount of $2,537,121.80, consisting of $1,832,100.75 in federal share, $610,700.25 in local match, and $94,320.80 in grant management costs and authorize the City Manager, or designee, to execute all documents required by FEMA and Cal OES to meet grant requirements and complete the project.

SECTION 2: The City Council hereby accepts and authorizes the expenditure of FEMA HMGP funding for Project PDM 22-0001-PJ0003 in the amount of $251,625.00, consisting of $187,500.00 in federal share and $64,125.00 in local match. The City Manager, or designee, is authorized to execute all documents required by FEMA and Cal OES to meet grant requirements and complete the project.

SECTION 3: The City Council authorizes the Finance Director, or designee, to appropriate and transfer funds from the General Fund Unassigned Fund Balance to Project No.

MS009 (Hazard Mitigation Program - DR-4382-199-12) in the amount of $2,537,121.80 for completion of Phase 2.

SECTION 4: The City Council authorizes the Finance Director, or designee, to establish Project No. MS014 (Hazard Mitigation Program - Camino del Norte) and appropriate and transfer funds from the General Fund Unassigned Fund Balance in the amount of $251,625.00 for completion of Project PDM 22-0001-PJ0003.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 5th day of August, 2025 by the following vote, to wit:

AYES:

NOES:

ABSTAINED:

ABSENT:

DISQUALIFIED:

Steve Vaus, Mayor
ATTEST:

Carrie Gallagher, CMC, City Clerk
8 of 64
August 5, 2025, Item #8
U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
~ Oakland, CA 94607
(- ~FEMA
I ~
February 3 ,2025
Robyn Fennig
Assistant Director Hazard Mitigation
Governor's Authorized Representative
California Governor's Office of Emergency Services
3650 Schriever A venue
Mather, CA 95655
Reference: Phase 2 Application Approval, HMGP DR-4382-199-12 City of Poway
Poway, City of, Hazardous Tree Removal Project, Phase 2 PIPS Code: 073-58520 , Supplement 98
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Poway, HMGP DR-4382-199-12, Poway, City of, Hazardous Tree Removal Project, Phase 2.

The total project cost for phase two is $2,442,801.00. As shown in the enclosed January 22, 2025, Obligation Report - Supplement 98, we are obligating $1,832,100.75 for the 75 percent Federal share; the 25 percent non-Federal share is $610,700.25. We are obligating $85,127.05 for the 100% Federal share Subrecipient Management Costs. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Project Phase: Federal Share: Non-Federal Share: Total Project Cost:

Phase 1, Supplement 28 $137,906.25 $45,968.75 $183,875.00.

Phase 1 SRMC $9,193.75 $0.00 $9,193.75
Phase 2, Supplement 98 $1,832,100.75 $610,700.25 $2,442,801.00 Phase 2 SRMC $85,127.05 $0.00 $85,127.05
TOTALS $2,064,327.80 $656,669.00 $2,720,996.80
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW)-the City of Poway will remove and thin hazardous trees and vegetation along the rights-of-way (ROWs) of Twin Peaks Road and West Espola Road, as well as within the 20.88-acre Green Valley Open Space Area in San Diego County, California

2. Project Completion Date - The work schedule included with the project application indicates that the project will take 21 months to complete; however, we can only approve a project up to www. lCma.gov
9 of64 ATTACHMENT B
August 5, 2025, Item #8
Robyn Fennig
February 3, 2025

the approved disaster period of performance (POP). Therefore, the project completion date is January 9, 2026. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension.

3. Project Closeout - Within 90 days of the award period of performance's expiration, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) -A Supplemental Environmental Assessment (SEA) for the proposed action was prepared and made available to the public as a Draft SEA in the Poway News Chieftain and on FEMA's and the City of Poway websites on August 8, 2024.

No comments were received by FEMA or the City of Poway during the 30-day comment period.

The Draft SEA was finalized and a Finding of No Significant Impact (FONSI) was signed on December 12, 2024. Please reference the enclosed REC for further information.

5. Standard Conditions - This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

In addition to the Standard HMGP Conditions, the following special conditions must be met during the implementation of the project:
• The Sub applicant must coordinate with the local floodplain administrator and obtain any required permits prior to initiating work. Coordination correspondence with the Floodplain administrator, including any required permits, and implementation documentation to any permit conditions need to be forwarded to the State and FEMA for inclusion in the permanent project files.
• The Sub applicant is responsible for complying with all applicable subparts of the Clean Air Act.
• This project may impact Waters of the U.S., and the Sub applicant is required to contact the USACE to determine whether project activities require a USACE permit under Section 404 of the Clean Water Act (CWA
• The Sub applicant must return the completed Post-construction Notification Reporting Form to [email protected] and the U.S. Fish and Wildlife Service (USFWS) within 45 days of project completion.
• The Sub applicant is responsible for implementing all conditions described in consultation letters between FEMA and the State Historic Preservation Officer (SHPO): Archeological and Tribal monitors will observe project activities and resource PLI-1 will be recorded in detail once vegetation is removed to determine whether it is a distinct resource or an extension of P-37-007858.
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August 5, 2025, Item #8
Robyn Fennig
February 3, 2025

• The Sub applicant is responsible for implementing best management practices (BMPs) appropriate for this scope of work. A list of Typical Best Management Practices from the Region 9 Programmatic Environmental Assessment is attached. Additional BMPs are listed in the SEA and FONSI. Any changes to this scope of work must be resubmitted to FEMA for review prior to initiation of any work.

Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance, including funding. Documentation confirming compliance, including copies of any permits/authorizations, or consultation documentation must be included with the delivery of final closeout request submitted to FEMA.

If you have any questions please contact Aaron Lim, Hazard Mitigation Assistance Specialist by email at [email protected] or phone at (510) 627-7036.

Enclosures (3):

Obligation Report - Supplement 98
Sincerely,

KATHRYN J LIPIECKI
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Record of Environmental Consideration (REC)
Standard Mitigation Grant (HMGP) Conditions
Digitally signed by KATHRYN J

LIPIECKI
Date: 2025.02.03 17:45:53 -08'00'
CC: Melissa Boudrye: Resilience Branch Chief, California Governor's Office of Emergency Services
Concepcion Chavez: Technical Assistance Division Chief, California Governor's Office of Emergency Services
Ron Miller: Hazard Mitigation Assistance Branch Chief, California Governor's Office of Emergency Services
Joe Purvis: HM Grants Division Chief, California Governor's Office of Emergency Services
Ryan Massella: HM Quality Assurance Division Chief, California Governor's Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 11 of 64
August 5, 2025, Item #8

GA VIN NEWSOM

GOVERNOR
November 9, 2024
Chris Hazeltine
City Manager
Poway, City of
13325 Civic Center Drive
Poway, CA 92064
Subject: Notification of Subapplication Approval
FY22 Legislative Pre-Disaster Mitigation Grant Program
Grant #2022-0001, Project # P J0003, FIPS #073-58520
Dear Mr. Hazeltine:

The California Governor's Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization's subaward application in the amount of $187,500.00. A copy of the FEMA award package is enclosed for your records.

NANCY WARD

DIRECTOR
In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit:
• A valid, current (approved within the last 3 years) Governing Body Resolution
• A Project Assurances for Federal Assistance agreement • A Grant Subaward Face Sheet (GSAFS). Please ensure that the individual who signs the GSAFS is designated by the Governing Body Resolution as an Authorized Agent for your organization.
• A current Federal Funding Accountability and Transparency Act (FFATA) Financial Disclosure form. This form must be submitted each calendar year. • An active registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward.

For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records.

Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at [email protected].

Electronic copies of the post-obligation documents can also be requested at the same address.
3650 SCHRIEVER AVENUE • MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110

ATTACHMENT C
August 5, 2025, Item #8
Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent ( 10%} retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process.

Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES.

When mailing documents to the Recovery Financial Processing Unit, please use the following address:

California Governor's Office of Emergency Services
Attention: Recovery Financial Processing Unit
3650 Schriever Avenue
Mather, CA 95655
For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at (916} 845-8110 or at [email protected]. For program-related questions, please contact the Hazard Mitigation Assistance Branch at (916} 328-7450.

Recovery Financial Processing Unit
Enclosures
c: Subrecipient's Project File
*The Recovery Financial Processing Unit has the City's universal Resolution No. 24-030, passed on 6/4/24 , on file. A copy of the resolution is included in this package for your review. With the permission of an Authorized Agent, the resolution can be applied to this project.
3650 SCHRIEVER AVENUE • MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
August 5, 2025, Item #8
Received
October 25, 2024
Financial Processing Unit
U.S. Depa1"tment of Homeland Sern1 ·it)"
Region9
1111 Broadway , Suite 1200
Oakland, CA 94607-4052
FEMA
October 17, 2024 Grant# 2022-0001
Robin Fenning
California Governor 's Office of Emergency Se1vices
3650 Schriever Ave
Cal OES ID: 073-58520-00
Subaward: LPDM22-P J0003
FEMA# LPDM-PJ-09-CA-2022-003
Building E, HMA
Mather , CA 95655
Dear Ms. Fenning:

This letter is to info1m you that FEMA Region 9 has released $187,500.00 from its financial hold on your FY 2022 Pre-Disaster Mitigation grant (LPDM-PJ-09-CA-2022-003) . Tue financial hold was enacted as a special condition of the award pending the completion of an environmental and historic prese1vation (EHP) review of award activities. EHP clearance has been granted for the following sub-awards:
• LPDM-PJ-09-CA-2022-003- City of Poway Hazardous Tree Removal Mitigation Project:
$187,500.00
This letter confirms the completion of the EHP review for the sub-award listed above. All other sub­ awards remain on hold pending EHP clearance .

If you have any questions , you may contact Dana-Kenneth Mosher , Planning and Implementation Branch Mitigation Division at danakenneth [email protected] or 202-769-6709 , or Jacqueline Hill, Grants Management Specialist at jacqueline [email protected] or 202-230-0355 .

Enclosures:

EMF-2022-PD-0001 Agreement Articles #2
Sincerely ,
Digitally signed by SUKHBIR K

SUKHBIR K AUJLA AUJLA
Date : 2024.10.17 14:31 :46 -07'00'
Sukhi Aujla
Acting Division Director
Grants Management Division
FEMA Region 9
Record of Environmental Consideration (REC) LPDM-09-PJ-CA-2022-003 cc: Angelica Saavedra, Division Director , Grants Management Division , FEMA R9 Katluy n Lipiecki, Director , Region 9 Mitigation Division Alison Keams , Plannin g and Implementation Branch Chief, Region 9 Mitigation Division Dana-Kenneth Mosher , Safeguarding TomoITow RLF Program , Region 9 M itigation Division
www .fema.gov
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August 5, 2025, Item #8
EMF-2023-PD-0004

Megan Bryant, Grants Services Branch Chief, Region 9 Grants Management Division Jacqueline Hill, Grants Management Specialist, Region 9 Grants Management Division 15 of 64
August 5, 2025, Item #8
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of August, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").

RECITALS
WHEREAS, City desires to obtain the services for providing hazardous tree removal services to the City;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 16 of64 ATTACHMENT D
August 5, 2025, Item #8
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

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

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

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

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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9. Conflict of Interest and Political Reform Act Obligations.

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

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. 18 of64
August 5, 2025, Item #8
DISCLOSURE DETERMINATION:
~ 1 . Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

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

Department Director

10. No Assignments.

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

11. Maintenance of Records.

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

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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August 5, 2025, Item #8

14. Contractor's Insurance.

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

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

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

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

17. Contractor Not an Agent.

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

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

18. Personnel.

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

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

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

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

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

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

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

22. Counterparts.

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

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

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

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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August 5, 2025, Item #8
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------­
Alan Fenstermacher, City Attorney
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WEST COAST ARBORISTS, INC.

By:------------­
Patrick Mahoney, President
August 5, 2025, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"

1. Scope of Services.

The City will remove hazardous trees identified for removal by an International Society of Arboriculture (ISA) Board Certified Master Arborist along the rights-of-way (ROWs) of Twin Peaks Road, West Espola Road and in 20.88 acers in the Green Valley Open Space project areas. Hazardous trees are defined as those that are dead, diseased, dying, poorly structured, or seedlings, or that exhibit poor overhead spacing and whose removal would reduce the risk of ignition of nearby vegetation or structures during a wildfire. Trees selected for removal will be documented with GPS coordinates and marked in the field using white dots and/or metal tags bearing identifying information. A detailed inventory and assessment of trees in the project area is provided in Attachments . This project is funded by FEMA.

2. Project Timeline.

Tree removal and vegetation clearing will occur during the months of September 2025 through October 2026. Project activities can occur from 7:00 a.m. to 5 p.m. Monday through Friday (except dark Fridays and holidays). To minimize noise disturbances, activities such as chainsaw operation, wood chipping, tree felling, loading, and hauling will be limited to the hours between 9:00 a.m. and 3:00 p.m. No work shall be performed outside of these hours, on weekends, on dark Fridays or on federal holidays without prior approval from the Public Works Project Manager. Noise standards will be governed by Chapter 8.08 of the Poway Municipal Code.

3. Project Areas.

Twin Peaks Road: Project activities for the Twin Peaks Road project area consist of tree removals. Approximately 1,806 trees > 4" Diameter at Breast Height (DBH) were inventoried in Twin Peaks Road project areas, of which 461 were identified for removal. The non-native trees identified for removal are along the right of way and on private property between abutting residential properties' rear soundwall/fence on the northern side of Twin Peaks Road and the ROW. The City has obtained right of entry agreements for many of the properties and the contractor will be provided a map for those properties for which tree removal will occur. No native trees will be removed except dead or severely diseased. Heavy equipment associated with the activities along Twin Peaks Road is anticipated to include bucket trucks, chippers, stump grinders, and haul trucks. Heavy equipment would be stationed on existing paved public roadways adjacent to the targeted trees. All work would occur from the roadside and/or existing ROW. No access to private yards will be required.

Espola Road: The Espola Road project areas is in previously graded margins for those roads and/or areas graded and developed in association with proximate urban residential neighborhoods . Project area includes the north/west and south/east end of Espola Road from Pomerado Road from Cloudcroft Drive to 25 of64
August 5, 2025, Item #8
Northcrest Lane. Approximately 1,880 trees > 4" DBH were inventoried in Espola Road project areas, of which and 226 were identified for removal. The 226 non-native trees identified for removal along Espola Road are along the right of way. No native trees will be removed except dead or severely diseased. Heavy equipment associated with the activities along Espola Road is anticipated to include bucket trucks, chippers, stump grinders, and haul trucks. Heavy equipment would be stationed on existing paved public roadways adjacent to the targeted trees. All work would occur from the roadside and/or existing ROW. No access to private yards will be required.

Green Valley Open Space: The open space area encompasses 20.88 acres on seven (7) lettered lots/open space parcels located near the northwest portion of Poway. There are several ephemeral drainages within the Green Valley Open Space that flow for short periods of time, directly after heavy rain. 1,919 trees were identified for removal ranging in size from 4" to 99" BDH. The open space is part of a moderately populated residential area within the urban core of Poway and defined by the following streets: Wilderness Road and Summer Sage Road along the north border, Rock Creek Road and Summer Sage Road along the south border, Espola Road along the east border and Oak Creek Trail and Riparian Road along the west border. The area has naturally developed a variety of undesirable, invasive, and fire prone trees and a dense understory of vegetation communities including populated Eucalyptus and Mexican Fan Palm (Washingtonia Robusta) clusters ranging in size from newly sprouted volunteers to mature 60' high + sporadic groves. The area is also host to a variety of spontaneously established and desirable native tree communities including mature Costal Live Oak, Arroyo Willow, and California Sycamore dispersed around open fields, residential structures, ROW, and in-and-around naturally contoured creek formations incised and graduated by episodic flow. These native trees are to be protected in place. Only non­ native trees will be removed except any dead or severely diseased native trees. Most trees will be accessible by foot, other smaller motorized vehicles. Large trucks or heavy machinery cannot access many parts of Green Valley Open Space.

Heavy equipment associated with the activities at Green Valley Open Space would include crew trucks, bucket trucks chippers, low ground pressure rubber-tract skid steer with a forestry head for chip-mulch- mastication of vegetation, a low ground pressure tract excavator with a forestry head for chip-mulch- mastication of vegetation, a wheeled loader, and 40-yrd dumpsters.

An unnamed ephemeral watercourse runs through the Green Valley Open Space and under Espola Road. Work within 50ft of intermittent channel and channel banks in Green Valley Open Space will be conducted with extra scrutiny and will be limited to hand crews, hand tools, chainsaws, ropes, cables, winches, craning and other grappling tools would work within or near these water courses. An on-site biologist will monitor the work to ensure that existing ephemeral stream channels are protected during the project implementation. Project work will be monitored by an onsite Biologist with stop-work authority to verify stream courses are protected throughout the project.

If any tree material/debris lands in or around the creek area, that material/debris shall be removed. An onsite biological monitor will verify stream courses are protected throughout the project.
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August 5, 2025, Item #8
Crossing a channel with equipment may be required and would only occur when no other access route exists.

The project area covers the following locations:
a. APN 2757953400
b. APN 2757953300
c. APN 2757964000
d. APN 2757942100
Project maps are included as Appendix B (For contract purposes, refer to the RFP or request an additional copy from the City).

A list of trees identified for removal by ISA is included as Appendix C (For contract purposes, refer to the RFP or request an additional copy from the City).

4. Mobilization & Demobilization:

Contractor shall safely undertake all activities related to mobilization of equipment to and from each site, equipment storage areas and the Contractor's yard.

Work shall include all necessary traffic control to safely load or offload equipment in public road right of way, including protection of existing facilities, structures, roads, driveways and other property and avoiding any related damage. If needed, contractor's equipment may be stored on City property or at other City-approved locations.

5. Equipment.

Contractor shall furnish all necessary equipment to perform the work.

Equipment must be of modern design, in good operating condition and must be operated by competent, fully qualified operators. Contractor is responsible for all fuel, lubrication, repair and replacement of equipment. All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas. Equipment shall be equipped with Forest Service approved spark arrestors and meet California Division of Industrial Safety specifications. The following are minimum equipment requirements:
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• Must be in good running condition with no fluid leaks or overheating problems. • Must be equipped with tools and supplies necessary for making emergency and routine repairs and servicing.
• Canopy approved by the State of California, Division of Industrial Safety. • Portable diesel engines shall be compliant with California Air Resources Board's (CARB) portable diesel engine Airborne Toxic Control Measure (ATCM) and registered under CARB's Statewide Portable Equipment Registration Program (PERP) https://ww2.arb.ca.gov/our­ work/programs/portable-equipment-registration-program-perp. If portable diesel engines are non-compliant with this ATCM, they may be operated under California's Tree Mortality Emergency Disaster Declaration, but only if PERP's notification of operation in an emergency event Form 40 is filed with CARB.

August 5, 2025, Item #8
• Fire extinguishers are required for all vehicles used within or adjacent to undeveloped open space.

6. Hazard Tree Felling.

Contractor shall perform all work to safely fell trees identified by the City for removal. The Contractor shall take all actions necessary to avoid damage caused by felling operations and must protect the City's infrastructure, structures, roads/driveways, landowner belongings and other private property. Wherever possible, the Contractor shall avoid damaging or removing live trees that are not marked for removal. All work must be completed in a safe manner that prioritizes safety of the public, City and Contractor.

Hazard trees identified by the City for removal are marked with a unique (white) tree identification that corresponds to the map.

Trees may be removed by conventional felling methods (hand felling), by climber, or by bucket truck (if access is available). All other methods shall first be approved by the City. Tree removal methods chosen by the Contractor must both ensure safety of workers and public and maximize cost effectiveness. Hazardous trees marked for removal will be flush cut at the stump, stumps will be ground and/or treated, with roots remaining to provide soil stability. Trees identified for removal will be felled and mulched onsite or transported to designated staging area to be chipped.

Twin Peaks and Espola Road Project Area- Removed trees will be mulched to the greatest extent possible onsite before it is removed by truck to an offsite staging or recycling facility.

7. Tree Removal and Stump Grounding.

All precautions shall be taken to ensure the protection of existing adjacent public or private property. For tree removal work, no stumps are to be removed. Stumps will be ground flush cut at grade with existing terrain leaving the root system in place for ground stability. Trees will be felled and removed in accordance with Public Works Department tree removal procedures. Trees will be directionally felled in the traditional method into open areas when given the opportunity, with consideration of environmental impacts.

Twin Peaks Road: All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas before it's removed by truck to the offsite staging or recycling facility. Biomass from the tree removal process along Twin Peaks Road will go to a local recycling facility.

Espola Road: All chainsaws, trimmers and other motorized equipment will be used to move and process the cut material onsite at one of the staging areas before it's removed by truck to the offsite staging or recycling facility. Biomass from the tree removal process along Espola Road will go to a local recycling facility. 28 of 64
August 5, 2025, Item #8
Green Valley Open Space: Trees marked for removal will be flesh cut to leave streambed intact. No grinding is allowed in this project area. Channel crossings within this project area will be required. All temporary access crossings will be low impact and will utilize the natural curvature and contours of the channel. Crossing a channel section with equipment will be limited to places where no other access solution exists and will occur using one of the following methods (1) an excavator or crane may be used to temporarily place a steel plate from top of bank to top of bank, spanning the channel or (2) High-density rubber mats will be hand placed on the bottom of the channel and bank following the natural contour of the channel and channel bank. All channel crossing material will be removed following completion of work. No grinding is allowed in this project area. Depending on the heigh of the tree and the available ground area, trees will be tethered high, using an aerial lift, to be felled in a suitable direction or will be topped and dropped incrementally using the aerial lift. Contractor will work with the City to determine channel crossing areas. Cut material may be mulched onsite at one of the identified staging areas. Felled trees not suitable for mulch would be chipped/loaded into a green waste 40-yrd dumpster, to be hauled to a compost facility.

8. Property Use and Access.

The City has obtained right-of-entry agreements from property owners for the purposes of this project. The table in Appendix D lists properties that have completed right-of-entry agreements. The Contractor shall only perform work on property that has completed a right-of-entry agreement. This includes, but is not limited to, accessing and felling hazard trees.

9. Communication & Coordination.

The Contractor shall personally supervise project work or shall designate in writing to the City the name of its representative(s) who shall be present at the site of work. The authorized representative shall have full authority to direct the work. The Contractor, or designated representative, shall be responsible for coordinating access and performance of work with property owners, other tree contractors working in the area (if any), the City and any other involved agencies.

10. Damages.

Contractor shall be responsible for all damages resulting from Contractor's work. This includes, but is not limited to, damages to City, roads, driveways, structures, fences, and property owner belongings. Contractor shall bear the costs of repairing, replacing or restoring all facilities or items that are damaged as a result of the Contractor's work.

11. Safety.

Contractor shall abide by all local, state, federal, and CAL/OSHA, policies, and procedures including labeling of containers. Contractor will be responsible for fines incurred if not in compliance with above regulations. Before the start of work, Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and 29 of64
August 5, 2025, Item #8
programs relating to the performance of the services provided. City staff may conduct a storm water inspection to verify that Best Management Practices (BMPs) are properly implemented at any time during the service. Additional BMPs may be recommended or required to eliminate or prevent discharges to the stormwater conveyance system or Lake Poway. The Staff Administrator reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. Personal Protective Equipment (PPE) shall be supplied by the Contractor for their staff, as required, and properly used at all times.

12. Unfavorable Maintenance Conditions.

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

13. Warranty.

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

14. Reference Reports:

It is the contractor's responsibility to understand and adhere to the following documents (For contract purposes, refer to the RFP or request an additional copy from the City).
• The City of Poway Best Management Practice, Appendix D • Supplemental Environmental Assessment, City of Poway Hazardous Tree Removal (Phase 2), Appendix E
• Biological Constraint Letter, Appendix F
• Biological Assessment, Appendix G
• Programmatic Environmental Assessment (PEA), Appendix H

15. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on July 10, 2025, which is included in this document as Attachment

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

In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for 30 of64
August 5, 2025, Item #8
reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.

16. Term of Agreement.

This Agreement shall be effective from the period commencing August 6, 2025, and ending August 5, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2027. Upon expiration or termination of this Agreement , Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

17. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall
be obtained so that each policy contains the
following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) 31 of 64
August 5, 2025, Item #8
"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."

3. Insurance Certificates:

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

18. Notices.

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

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.

Anaheim, CA 92806
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August 5, 2025, Item #8
ATTACHMENT 1

FEE PROPOSAL
BID ITEM A: PROJECT AREA TREE REMOVAL PROPOSAL PRICE
The purpose of this project is to remove dead, dying, diseased, or poorly spaced trees in order to improve public safety and reduce fire risk. This proposal includes three project areas: Twin Peaks Road, Espola Road and Green Valley Open Space. The proposals below are for the entire work required for providing all labor, equipment, tools, materials and incidentals affiliated with the removal of trees in these project areas, including traffic control, identified in each project area.

See Appendix C for arborist reports for each project area.

Twin Peaks Road Project Area:

The Not to Exceed budget for Twin Peaks Road Project Area is $1,000,000.

Priority for the Twin Peaks Road project area will be given to removing the largest and most hazardous trees to reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for each individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $1,000,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Twin Peaks Road Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Identified for Proposer Can Total Cost By DBH Category Removal by ISA Tree Remove 25" and Above 13 $2,800 .00 13 $36,400 .00
13" to 24" 135 $1,200 .00 135 $162,000.00
O" to 12" 271 $ 400 .00 271 $108,400 .00
Total Project Cost for Tree Removal on Twin Peaks Road: $ 306,800 .00 TOTAL PROJECT COST FOR TREE REMOVAL ON TWIN PEAKS ROAD IN WORDS: ____ _ ___ T_h_re_e_H_u_nd_r_e_d_S_ix_T_h_o_u_s_a_nd_E~ig_h_t _H_un_d_r_ed ___ DOLLARS and ___ Z_e_ro ____ CENTS [Remainder of Page Left Blank Intentionally]
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August 5, 2025, Item #8
Espo la Road Proiect A rea:

The Not-to-Exceed budget for Espola Road Project Area is $820,000.

Priority for the Espola Road project area will be given to removing the largest and most hazardous trees to reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for each individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $820,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Espola Road Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Identified for Proposer Can Total Cost By DBH Category Removal by ISA Tree Remove 25" and Above 44 $ 2,800.00 44 $123,200 .00
13" to 24" 149 $1,200 .00 149 $178,800.00
O" to 12" 561 $ 400.00 561 $224,400 .00
Total Project Cost for Tree Removal on Espola Road: $ 526,400.00 TOTAL PROJECT COST FOR TREE REMOVAL ON ESPOLA ROAD IN WORDS: ______ _ __ F_iv_e_H_u_n_d_re_d_T_w_en_t~y-_S_ix_Th_o_u_s_a_nd_F_ou_r_H_u_n_d_re_d __ DOLLARS and ___ Z_e_ro ____ CENTS [Remainder of Page Left Blank Intentionally]
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August 5, 2025, Item #8
Green Valley Open Space Project Area:

The Not-to-Exceed budget for Green Valley Open Space Project Area is $500,000 Priority for the Green Valley Open Space project area will be given to removing invasive Palm Trees and fronds, which serve as fuel ladder that significantly increase wildfire risk. Additional focus will be placed on removing the largest and most hazardous trees to further reduce wildfire fuel.

When completing the fee schedule, provide the unit cost for eacl1 individual tree size category.

Then, calculate and enter the total cost based on the number of trees to remove in each category.

The total project cost, including all three size categories, must not exceed $500,000. Be sure to clearly indicate the number of trees proposed for removal within this not-to-exceed budget.

Green Valle1.1 Open Space Hazardous Trees Removal
Tree Size (DBH) Number of Trees Unit Cost Per Number of Trees Category Identified for Tree Proposer Can Total Cost By DBH Removal by ISA Remove
25" and Above 97 $2,800.00 95 $ 266,000.00
13" to 24" 679 $1,200.00 145 $ 174,000.00
O" to 12" 615 $ 400.00 147 $ 58,800.00
Total Project Cost for Tree Removal in Green Valley Open Space: $ 498,800.00 TOTAL PROJECT COST FOR TREE REMOVAL IN GREEN VALLEY OPEN SPACE IN WORDS: __ Four Hundred Ninety-Eight Thousand Eight Hundred DOLLARS and Zero CENTS ------- TOTAL PROJECT COST FOR TREE REMOVAL ON TWIN PEAKS ROAD, ESPOLA ROAD and GREEN VALLEY OPEN SPACE IN WORDS:
__ O_n_e_M_il_lio_n_T_h_r_ee_H_u_n_dr_e_d_T_h_irt__,_y_-T_w_o_T_ho_u_s_a_nd ___ DOLLARS and __ Z_e_r_o ____ CENTS [Remainder of Page Left Blank Intentionally]
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August 5, 2025, Item #8
BID ITEM B: PRICE FOR ADDITION /DELETION OF TREES
Proposal price adjustment for any trees that are added to or deleted from the scope of work after an agreement is awarded will be negotiated and not finalized unless agreed to in writing. The starting negotiation price for all such added or deleted trees shall be as set forth by the Proposer below, based on the tree diameter size (DBH) and type of felling required. Prices should closely reflect the proposal prices provided above. Contractor and City agree that proposal price adjustments for added/deleted trees will be at the prices set forth below unless reasonably unique circumstances exist.

The prices set forth below include all worl< required to provide all labor, equipment, tools, materials and incidentals affiliated with the complete removal of each hazard tree as specified in this RFP.

TYPE Of TREE FELLING TREE REMOVAL PRICE PER TREE
0"-12" DBH 13"-24" DBH 25" + DBH
Directional Felling
by, Hand $ 300.00 $ 1,000.00 $ 2,400.00
Piece Felling by
$ 400.00 $ 1,200.00 $ 2,800.00 Climber/Bucket Truck
Crane Felling $ 600.00 $1,500.00 $3,000.00
Helicopter $1,000.00 $ 2,000.00 $ 3,200.00
[Remainder of Page Left Blank Intentionally]
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August 5, 2025, Item #8
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section .
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section .
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system . The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received August 5, 2025, Item #8
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer . A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

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

August 5, 2025, Item #8
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargainin9 agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

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).
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August 5, 2025, Item #8

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

HAZARDOUS TREE REMOVAL SERVICES
The undersigned guarantees the work included in this project(s).

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

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

Contractor
Date
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August 5, 2025, Item #8

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

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

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 6th day of August, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").

RECITALS
WHEREAS, City desires to obtain the services for providing hazardous tree removal services to the City;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City.

Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 42 of64 ATTACHMENT E
August 5, 2025, Item #8
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

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

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.

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

8. Ownership of Documents.

All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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9. Conflict of Interest and Political Reform Act Obligations.

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

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. 44 of64
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DISCLOSURE DETERMINATION:
[g) 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.

No disclosure required.

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

Department Director

10. No Assignments.

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

11. Maintenance of Records.

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

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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14. Contractor's Insurance.

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

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

15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.

16. Assumption of Risk.

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

17. Contractor Not an Agent.

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

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

18. Personnel.

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

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

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

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

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

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.

21. Gender.

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

22. Counterparts.

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

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.

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

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

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

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

Carrie Gallagher, City Clerk
APPROVED AS TO FORM:

By:-----------­
Alan Fenstermacher, City Attorney
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WEST COAST ARBORISTS, INC.

By:------------­
Patrick Mahoney, President
August 5, 2025, Item #8
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to perform Hazardous Tree Removal Services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary to accommodate the evolving needs of the city parks.

B. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on June 20, 2025, which is included in this document as Attachment

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

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

C. Term of Agreement.

This Agreement shall be effective from the period commencing August 6, 2025, and ending August 5, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2027. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
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D. Contractor's Insurance.
1 . Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

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

3. Insurance Certificates:

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

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

To Contractor:

City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.

Anaheim, CA 92806
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August 5, 2025, Item #8
ATTACHMENT 1
City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project

SCOPE OF SERVICES - HAZARDOUS TREE MITIGATION
PART 1 - GENERAL DESCRIPTION OF WORK: The project involves the removal of approximately 160 hazardous, non-native, and invasive trees, along with clusters of invasive saplings (defined as 4 inches or smaller in Diameter at Breast Height [DBH]). These were identified by an International Society of Arboriculture (ISA) Board Certified Master Arborist. Additionally, approximately 315 trees will be trimmed to reduce fuel loads, with work to be conducted by a qualified tree contractor.

Hazardous trees are defined as those that are dead, diseased, dying, poorly structured, or seedlings, or that exhibit poor overhead spacing and whose removal would reduce the risk of ignition of nearby vegetation or structures during a wildfire. Trees selected for removal will be documented with GPS coordinates and marked in the field using white dots and/or metal tags bearing identifying information.

A detailed inventory and assessment of trees in the project area is provided in Attachments 1- 4.

PART 2 - SCOPE OF SERVICES REQUIREMENTS: All work performed under this scope of services shall be conducted under the direct supervision of an ISA Certified Arborist employed by the contractor or company. The selected contractor shall provide all labor, equipment, supervision, transportation, supplies, and services necessary to complete the outlined tasks in accordance with best management practices and the Guidelines for High Hazard Zone Tree Removal issued by the State's Tree Mortality Task Force.

1. Tree felling is expected to be performed by hand crews using chainsaws, pruning saws, and pruning shears. Tree climbers may be required in certain areas due to the proximity of nearby homes. Anticipated heavy equipment includes bucket trucks, chippers, stump grinders, and haul trucks. All heavy equipment will be stationed and operated from existing paved public roadways adjacent to the targeted trees. Work will be conducted entirely from the roadside and/or within public rights-of-way, prescriptive easements and in designated open space areas along Camino del Norte.

The following number of trees have been identified for this project:

Camino del Norte
Identified for: Number of Trees by Diameter
0"-12" DBH 13"-24" DBH 24" + DBH Total
REMOVAL 24 35 8 67
TRIM 115 207 19 341
Contractors shall base their proposals on the trees identified in this document. Proposals may be adjusted, as needed, to reflect any additions or removals of trees following the award of the contract .

2. All trees will be cut at grade, and stumps will be ground, with root ball left in place. No grading, excavation, other ground-disturbing activities, or road construction will be conducted. Motorized equipment and chippers will be used to process and move cut material or mulch on-site, which will then be hauled by truck to an off-site staging or disposal facility. Biomass generated from tree removal will be taken to a local recycling facility. The City maintains a franchise agreement with EDCO Waste and Recycling Services, Inc. (EDCO). All hauling services must be conducted through EDCO. If self-hauling is utilized, the contractor must own the bins, haul the material, and retain all 54 of 64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project relevant receipts, which must be submitted to the City upon completion of the project.

Subcontracted self-haul services are not permitted.

3. Contractors shall safely perform all activities related to the mobilization and demobilization of equipment to and from the site. The contractor shall use the designated staging area, as shown below. All materials and equipment must be properly stored. Chainsaw fuel must be kept in an approved safety can that is undamaged and equipped with a fully functional lid or spout cover designed to relieve internal pressure in the event of a fire. Leaking cans or containers without lids must be immediately removed from the project site and the property . Fuel shall not be stored on site overnight .

4. California Air Resource Board Requirement - The Consultant shall submit copies of the valid Certificates of Reported Compliance, including from the listed subcontractors when the work involves the operation of self-propelled off-road diesel vehicles 25 horsepower or greater and most two-engine vehicles, including vehicles that are rented or leased. Failure to provide the Certificates of Compliance may render a bid non-responsive. A Consultant claiming an exemption to this requirement shall provide an explanation with detailed reasoning signed by the Consultant and will be reviewed for compliance by the City.

5. Contractor must have spill protection and spill cleanup equipment readily available on site. See BMPs, Attachment 6.

6. Project activities can occur from 7:00 a.m. to 5 p.m. Monday through Friday (except dark Fridays and holidays). To mitigate noise disturbances, chainsaws, woodchippers, felling, loading, hauling, etc. would occur within more limited hours, e.g., 9 a.m. to 3 p.m. No work shall be performed outside of these hours, on weekends, on dark Fridays or on federal holidays without prior approval from the Public Works Project Manager. Noise standards will be governed by Chapter

8.08 of the Poway Municipal Code.
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project

7. The contractor shall obtain all necessary permits required for the work associated with this project, to include but not limited to right-of-way permits.

8. If any artifacts or human remains are discovered during the course of contract operations, they shall be left undisturbed, and the contractor shall immediately notify the Project Manager.

9. Avoidance and Minimization Measures and Best Management Practices may be used in combination to minimize spill, erosion, and other potential impacts. Examples include:
a. Straw wattles -for site delineation and silt retention b. Absorbent wattles -for oil retention and removal
c. Drip pans -for equipment storage
d. Tarps - for equipment storage
e. Mulch -for ground cover, bank stabilization, and erosion control f. Rock bags -for silt retention
g. Spill kit - on board for immediate use in case of emergency

10. Dust Control Mitigation includes the following methods, developed and practiced as standards to mitigate excessive dust and particle suspension. These standards include:
a. All trucks and equipment accessing and working in and around the project areas will adhere to standard operating procedures for dust control utilizing effective methods to reduce or mitigate suspended particles resulting from work activities b. Trucks and equipment will be in good working order and maintained and tuned in accordance with manufacturer's specifications and compliant to current emission standards, where possible
c. Minimizing idling times, either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes
d. Work during unfavorable weather conditions including excessive wind/Santa Ana events will be avoided to reduce unnecessary contributions to dust and particle suspension e. Access and staging areas will be prepared and stabilized with wood chips and mulch utilized from existing materials on site to reduce contact with and disturbance of bare soil
f. Restricted access throughout project areas to only work vehicles and equipment traveling at low speeds below the ability to create draft or lift g. Water application will be utilized at ingress and egress locations as needed and at higher dust, particle, and spark activity locations
h. Trucks hauling and transporting relevant material (e.g., mulch, trees, tree debris) will be covered
PART 3 - TRAFFIC CONTROL: The contractor shall always conduct operations in a manner that minimizes inconvenience to residents. Area closures may be permitted upon request by the successful bidder with at least three (3) days' advance notice and specific approval from City staff. The City will collaborate with the contractor to implement approved closures in accordance with right-of-way permits.

PART 4 - SCOPE OF WORK FEE PROPOSAL: The proposal price covers all work required to provide labor, equipment, tools, materials, and incidentals necessary for the removal or trimming and disposal of trees identified in each section below.
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project PART 5 - PROJECT ESTIMATE: The removal and trimming of trees as described is estimated at $175,000.

The total aggregate payment to the awarded contractor for services rendered under this Contract shall not exceed the sum of $200,000.

PART 6 -ADDITION/DELETION OF TREES: Price adjustments for any trees added to or removed from the scope of work after the contract is awarded shall be subject to negotiation and shall not be considered final unless agreed to in writing. The starting point for all such negotiations shall be the unit prices provided by the proposer below. These prices must clearly align with those included in the main proposal.

The contractor and the City agree that adjustments for added or deleted trees will be based on the unit prices listed below, unless reasonably unique or unforeseen circumstances warrant a different rate. 57 of64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project The prices listed below include all labor, equipment, tools, materials, and incidentals required for the complete removal of each hazardous tree as specified in this Request for Quote.

PROJECT FEE PROPOSAL
Hazardous Tree Removal
Trees 0"-12" DBH 13"-24" DBH 24" + DBH Total for All Tree Identified for Removals
Removal 24 35 8 67
Totals $ 71352.40 $ 321550.00 $ 13,968.00 $ 531870.40
Total to remove all identified trees in words: Fifty-Three Thousand Eight Hundred Seventy Dollars and Forty Cents Hazardous Tree Trimming
Trees 0"-12" DBH 13"-24" DBH 24" + DBH Total for All Tree Identified for Trimming
Trimming 115 207 19 341
Totals $ 18,975.00 $ 36,225.00 $ 3,515.00 $ 58,715.00
Total to trim all identified trees in words: Fifty-Eight Thousand Seven Hundred Fifteen Dollars and Zero Cents Project Total (Hazardous Tree Removal & Tree Trimming)
Total for All Tree Removal Total for All Tree Trimming Project Total (from above) (from above) $ 53,870.40 $ 58,715.00 $ 112,585.40
Project total to remove and trim all identified trees in words: _____________ _ One Hundred Twelve Thousand Five Hundred Eighty-Five Dollars and Forty Cents 58 of 64
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City of Poway - Request for Quote - Hazardous Tree Removal and Trimming Project The prices listed below include all labor, equipment, tools, materials, and incidentals required for the addition or deletion of hazardous tree as specified in this Request for Quote.

PRICE FOR ADDITION/DELETION OF TREES
Hazardous Tree Removal Price Per Tree
Tree Size 0"-12" DBH 13"-24" DBH 24" + DBH
Removal Per Tree:
$ 306.35 $ 930.00 $ 1,746.00
Cost to remove one 0"-12" DBH tree in words: Three Hundred Six Dollars and Thirty-Five Cents Cost to remove one 13"-24" DBH tree in words: Nine Hundred Thirty Dollars and Zero Cents Cost to remove one 24" + DBH tree in words: One Thousand Seven Hundred Forty-Six Dollars and Zero Cents 59 of64
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EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous> Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received August 5, 2025, Item #8
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees , the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .

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

August 5, 2025, Item #8
(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).
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August 5, 2025, Item #8

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

HAZARDOUS TREE REMOVAL SERVICES
The undersigned guarantees the work included in this project(s).

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

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

Contractor
Date
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August 5, 2025, Item #8

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

Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self­ insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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August 5, 2025, Item #8
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PO RT City of Poway
August 5, 2025
Honorable Mayor and Members of the City Co~ cil
Eric Heidemann, Director of Public Works f

CITY COUNCIL
Stephen Jackson, Assistant Director of Publi~Works for Maintenance & Operations (858) 668-4705 or [email protected] cJBl
Authorization to Purchase Two (2) 2026 North Star 174-1 Paramedic Ambulances Utilizing Houston-Galveston Area Council Cooperative Purchasing Program Contract #AM10-23
The approved Fiscal Year (FY) 2025-26 operating budget includes funding to purchase two (2) paramedic ambulances. The City of Poway (City) participates in and is a member of several cooperative purchasing organizations, including Houston-Galveston Area Council (HGAC), which establishes and provides competitively solicited purchasing contracts nationwide to be utilized by member agencies.

HGAC presented optimal pricing for two (2) paramedic ambulances, including equipment upfitting, from Braun Northwest Inc. (Contract #AM10-23) in the amount of $770,039.72. The fabrication time for the ambulances is approximately 18 months.

Recommended Action:

It is recommended the City Council authorize the purchase of two (2) paramedic ambulances for a total estimated cost of $770,039.72 from Braun Northwest, Inc., utilizing Houston-Galveston Area Cooperative Purchasing Contract #AM10-23 and authorize the City Manager to execute any necessary documents .

Discussion:

The City operates and maintains over 125 street-legal vehicles and other heavy equipment for the purpose of inspecting, maintaining and operating City facilities and infrastructure and providing public safety services. Annually, several of these vehicles and pieces of equipment must be replaced as they exceed their useful life or have excessive mileage. The current budget contains funding to replace two (2) paramedic ambulances.

The City has traditionally maintained two (2) frontline ambulances and two (2) reserve ambulances.

The current frontline ambulances, fabricated in 2020, will be reassigned to reserve status at Fire 1 of 3
August 5, 2025, Item #9
Station 1 and Fire Station 3. Currently, the frontline paramedic ambulance at Fire Station 1 has 75,626 miles, and the frontline paramedic ambulance at Fire Station 3 has 64,697 miles. The Fire Department currently has one (1) operational reserve paramedic ambulance with 148,022 miles, and an additional reserve unit with 178,870 miles which has been decommissioned due to the high cost of necessary repairs. Both reserve paramedic ambulances will be removed from the fleet. City staff obtained a quote through the HGAC Cooperative Purchasing Program (Contract #AM-10-23) for the purchase of two (2) new paramedic ambulances. The total purchase price of the two ambulances is $770,039.72, which is within the budgeted amount and meets the City's service requirements and specifications.

The new paramedic ambulances will be placed in frontline service at Fire Station 1 and Fire Station 3, while the current 2020 Ford frontline ambulances will move to reserve status at those same stations.

All agreements offered through the HGAC Cooperative Purchasing Program have been awarded via a thorough Request for Proposals (RFP) competitive solicitation program by a public agency/government entity. The program provides a streamlined and effective procurement option by establishing agreements with manufacturers and suppliers currently on an existing multiple award schedule with a competitive procurement procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative purchasing programs for procurement of supplies, services, and equipment when the administering agency has made their purchase in a competitive manner.

The total quote for the two (2) paramedic ambulances is $770,039.72. Copies of the quote are on file with the Public Works Department.

Environmental Review:

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

Fiscal Impact:

The City proactively plans for the replacement of its vehicles and equipment by annually setting aside a portion of the anticipated replacement costs along with inflationary cost adjustments to account for increases in equipment costs. The purchase will be made with funds from the Fire Protection Impact Fund (50102585-61040), Capital Replacement Fund (115010-61040) and the division's operating budget (503050-61040) split-funded for the purchase of two (2) 2026 North Star 174-1 Braun Northwest Inc. Paramedic Ambulances.

The total purchase price of the two (2) paramedic ambulances is $770,039.72. A total of $407,272 has been included in the FY 2025-26 Budget Capital Replacement Fund (115010-61040), $260,000 from the Fire Protection Impact Fund (50102585-61040) and $102,768 from the operating budget (503050- 61040) are budgeted and available for the purchase of these items.

Public Notification:

None.

Attachments:

None.
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August 5, 2025, Item #9
Reviewed/Approved By:

Wendyserman
Assistant City Manager
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Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~)_
Chris Hazeltine
City Manager
August 5, 2025, Item #9
August 5, 2025, Item #10
AGENDA REPORT CityofPoway
DATE:

TO:

FROM:

CONTACT:

August 5, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servicesq>
Miguel Solano, Assistant Engineer
858-668-4653 or [email protected]

CITY COUNCIL
SUBJECT: Acceptance of the Chiller Replacement Project with ACCO Engineered Systems lnc. dba ACCO Engineered Systems, as Complete
Summary:

On February 4, 2025, the City Council awarded the Chiller Replacement project contract to ACCO Engineered Systems Inc. dba ACCO Engineered Systems, Bid No. 25-006, in the amount of $187,888.00. This action will accept the project as complete .

Recommended Action:

It is recommended the City Council:
1) Accept the Chiller Replacement project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $9,394.40 If unencumbered, 45 days after City Council acceptance;
4) Release the Fidelity and Deposit Company of Maryland Bond for Material and Labor in the amount of $187,888.00 after the release of retention; and 5) Retain the Fidelity and Deposit Company of Maryland Bond for Faithful Performance for a period of one (1)year.

Discussion:

The scope of work for the Chiller Replacement project involved removal of the existing 17-year-old air­ cooled chiller, located in the parking lot behind the Council Chambers and installation of a new unit.

The former system had reached the end of its useful life and was operating at limited capacity after the failure of one of its two compressors. Due to the high cost and extended lead time for replacement parts, full system replacement was determined to be the most cost-effective solution.

The new chiller was successfully installed and placed into service. The upgraded system improves energy efficiency, reduces maintenance requirements and restores full cooling capacity to both City Hall and the Council Chambers. Construction was completed within the scheduled timeframe with no 1 of2
August 5, 2025, Item #10
disruption to building access or operations.

This action accepts the Chiller Replacement project as complete. ACCO Engineered Systems has completed all work in accordance with the contract plans and specifications. There were no change orders for this project. The final contract amount is $187,888.00.

Environmental Review:

The action of acceptance of public improvements, which was the subject of a prior environmental determination, is not considered a Project as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidef ines Section 15378(b)(5} no environmental review is required .

Fiscal Impact:

Sufficient funds are available in the project account (MN041) for the release of retention. Project M N041 was funded from the City Capital Replacement-Building Fund 6170 as included in the Adopted FY 2024-25 Budget.

Public Notification:

None.

Attachments:

None.

Reviewed/Approved By:

Assistant City Manager
2 of2
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
August 5, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services~
Vianey Rivera, Senior Code Compliance Officer
(858) 668-4664 or [email protected]

CITY COUNCIL
2024 Weed and Nuisance Abatement Charges to be Collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2025-26
Annually, funds are allocated for weed and nuisance abatement services on City-owned parcels and privately-owned properties identified in the Weed Abatement Program (WAP). Private properties identified in the WAP may elect to abate their properties themselves or request the City to complete the abatement for a fee. Fees incurred by the City are passed onto the property owner and are paid by invoice or levied against the property's tax bill as a fixed charged assessment. The City Council must approve the list of parcels assessed prior to their inclusion on the County of San Diego Tax Assessor's Roll.

Recommended Action:

It is recommended the City Council take public input, close the public hearing and adopt the Resolution (Attachment A) approving the 2024 Weed and Nuisance Abatement charges to be collected on the County of San Diego Tax Assessor's Roll for Fiscal Year (FY) 2025-26.

Discussion:

Weed Abatement and Vegetation Management are effective fire prevention and mitigation methods to help protect property. This work is completed for both city-owned and private properties through a third party contractor. For private properties, the City mails notices to property owners within the WAP explaining their annual property maintenance requirements related to vegetation abatement areas. Each property owner is required to mow or weed-whip re-growth of weeds, remove dead trees, shrubs or other material that pose a significant fire hazard.

Property owners may perform the maintenance themselves or authorize the City to complete the work on their behalf. If the City completes the work, the property owner may pay the City directly for the work completed or may opt to have the costs incurred assessed against the property's tax bill as a fixed charged assessment. The amount charged is placed on an owner's property tax bill the following 1 of 5
August 5, 2025, Item #11
tax assessment year.

In the event a duly noticed property owner fails to complete the mandatory abatement, a Notice of Violation is issued. Overgrown vegetation is addressed, by the City, through the abatement procedure outlined in Poway Municipal Code Chapter 8.76.

For program year 2024, the City completed abatement work on 34 City-owned properties and 24 private properties. Of those private properties, 1 O property owners elected to have the costs, plus a $175.00 administrative fee, assessed on their property tax bill for FY 2025-26. A list of the 1 O privately­ owned properties is included as Exhibit A of the proposed Resolution (Attachment A). This information is due to the County of San Diego Tax Assessor by mid-August each year in order to be included on property tax bills.

Environmental Review:

This item is not a Project pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.

Fiscal Impact:

The Resolution authorizes the reimbursement to the City for any costs incurred for weed and nuisance abatement services from property owners through fix charged assessments on the County of San Diego Tax Assessor's Roll (Property Taxes). Each parcel abated is assessed an administrative fee of $175.00. The City will place $39,823.58, as shown in Attachment A, Exhibit A on the FY 2025-26 property tax roll to recover the cost of the property abatements.

Public Notification:

A Notice of Public Hearing was published in the Poway News Chieftain on Thursday,July 24, 2025 and mailed to the 10 property owners identified in Exhibit A of Attachment A.

Attachments:

A. Resolution
Reviewed/Approved By:
~Kaserman
Assistant City Manager
2 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:
~ c~
City Manager
August 5, 2025, Item #11
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING THE 2024 WEED AND
• NUISANCE ABATEMENT CHARGES TO BE COLLECTED ON

THE COUNTY OF SAN DIEGO TAX ASSESSOR'S ROLL FOR
FISCAL YEAR 2025-2026
WHEREAS, the City Council of the City of Poway directs weed and nuisance abatement charges for the 2024 weed abatement season to be collected on the Fiscal Year (FY) 2025-26 tax roll, in the same manner, by the same persons, and at the same time as, together with, and not separate from, the general taxes as provided in the Government Code; WHEREAS, Chapters 8.72 and 8.76 of the Poway Municipal Code (PMC), respectively, established the procedures for weed and nuisance abatement by notifying property owners of the necessity for abatement and authorize collection of abatement charges on the tax roll prepared by the County of San Diego Tax Assessor;
WHEREAS, on August 5, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this action; and WHEREAS, a list of the 10 privately-owned weed abatement properties is attached hereto as "Exhibit A".

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

SECTION 1 The report submitted to the City Council setting forth weed and nuisance abatement charges as established by PMC Chapter 8.76 and attached hereto as "Exhibit A" is hereby approved. Said charges shall be collected on the FY 2025-26 County of San Diego Tax Roll.

SECTION 2: The City Clerk is directed to file a certified copy of this Resolution with the Clerk of the Board of Supervisors and the Auditor of the County of San Diego, State of California. 3 of 5
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ATTACHMENT A
August 5, 2025, Item #11
Resolution No. 25-