AGE N DA Poway City Council
Council Ch amber I 13325 Civic Center Drive I Poway , CA I 92064 August 19, 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 Council member Tony Blain: 8725 Gateway S Blvd., El Paso, TX 79904. 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
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.
Steve Vaus
Mayor
Peter De Hoff
Deputy Mayor
Tony Blain
Councilmember
Jenny Maeda
Councilmember
Christopher J. Pikus
Council member
Amer ican 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.
Remi nder 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 wit h a Roll Ca ll Vote without discussion unless a Councilmember, a member of the publ ic, 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 20, 2025 Regular City Council Meeting Minutes
3. City's Investment Report as of June 30, 2025
4. Award of Contract to Econolite Systems, Inc., for the Traffic Signal Video Detection Upgrades Project, Bid No. 26-001, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
5. Award of Agreement to Dudek for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (Phase 2 of FEMA DR-4382-199-12), RFP No. 26-002
ORDINANCES FOR INTRODUCTION :
2 of 3 Regular City Council Meeting August 19, 2025
6. Ordinance to Amend Poway Municipal Code Chapter 3.28 Regarding the Award and Execution of Contracts
City Manager's Recommendation: It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading , and schedule the adoption of the Ordinance for the September 16, 2025 Regular City Council Meeting.
PUBLIC HEARINGS:
7. Minor Conditional Use Permit 24-0001, a Request to Approve Existing Lighting to a Recreational Court (Pickleball) for a Single-Family Residence Located at 13607 Via Serena (APN 275-271-15) City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and adopt the attached Resolution approving MCUP 24-0001.
STAFF REPORTS: None
WORKSHOPS: None
COUNCIL -INITIATED ITEMS: None
COUNCIL COMMI TTEE REPORTS and ANNOUNCEMENTS : Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: None
AD!OURNMENT :
State of California
County of San Diego
)
) ss.
)
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 August 12, 2025.
Said meeting to be held at 7:00 p.m., August 19, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California . Said notice was posted on the Bulletin Board at the entrance to City Hall. '-
Carrie Gallagher, CMC, City Cieri
3 of 3 Regular City Council Meeting August 19, 2025
A~GENDA REPORT CityofPoway
DATE:
TO:
FROM:
August19,2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the May 20, 2025 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• May 20, 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 20, 2025 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. May 20, 2025 Regular City Council Meeting Minutes
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
1 of 8
Reviewed By:
Alan Fenstermacher
City Attorney
August 19, 2025, Item #2
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
May 20, 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; Lieutenant Colin Hebeler, 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.
PRESENTATIONS:
None.
2 of 8
August 19, 2025, Item #2
ATTACHMENT A
City of Poway - Minutes - May 20, 2025
PUBLIC COMMENT:
Mike Leland, Poway Chamber of Commerce President provided updates recent activities and acknowledged the Chamber's 75th anniversary.
Gary Vineyard Sr. voiced concerns regarding building conditions along Poway Road and e-bike safety.
Frida Brunzel/ discussed provisions of the Poway Municipal Code specific to groups addressing Council under Public Comment.
Vanessa Springett requested the Council consider amending the Poway Road Specific Plan (PRSP) concerning building setbacks. She expressed concerns, alleging litigious threats made toward her by Councilmember Blain.
John Couvrette shared updates on the Recall Tony Blain efforts and voiced concerns from Poway residents regarding alleged harassing behavior by Councilmember Blain.
John Mullin voiced concerns regarding Councilmember Blain's behavior and pending lawsuit, and expressed support for the Recall Tony Blain efforts.
CONSENT CALENDAR:
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to approve Consent Calendar Items 1 through 5. Motion carried 5/0 by the following roll-call vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Second Reading and Adoption of Ordinance No. 87 4 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Chapters 15.24 and 8. 76 of the Poway Municipal Code, to Designate Fire Hazard Severity Zones as Recommended by the California Department of Forestry and Fire Protection and Consolidate Defensible Space Regulations"
3. Award of Agreement to West Coast Arborists; Inc. for Urban Forestry Maintenance Services
4. Poway Housing Successor Annual Report for Fiscal Year 2023-2024
5. Award of Contract to Quality Construction & Engineering Inc. for the FY 2024-2025 Street Overlay Project; Bid No. 25-010
ORDINANCES FOR INTRODUCTION:
None.
3 of 8
August 19, 2025, Item #2
City of Poway - Minutes - May 20, 2025
PUBLIC HEARINGS:
6. Conditional Use Permit 24-0003, a Request to Expand an Existing Residential Care Facility for the Elderly from Five to 11 Bedrooms at 14203 Midland Road (APN 314-193-47-00) MayorVaus opened the Public Hearing at 7:19 p.m.
Assistant Planner Chris Velasco presented the item. He confirmed the proposal complies with all permitted uses within the Poway Municipal Code (PMC) including parking space requirements. He described the facility including its proposed modifications and size. He confirmed the project maintains the historical architectural character and meets all operational standards for a residential care facility in the designated zoning districts. He added that the property is located within the Old Poway Specific Plan (OPSP) area and complies with the required setbacks, height limits, and lot coverage set forth in the design guidelines of the OPSP.
A neighborhood meeting was held on January 9, 2025 with a total of four (4) attendees. Mr.
Velasco noted staff's clarification regarding the garage conversion and height increase is within code limits, and no portion of the proposed addition exceeds the height of the existing 21 ft structure.
Nasrin Barbee, Architect and AIA member, spoke on behalf of Parkview Gardens Assisted Living, LLC. She outlined the scope of the project and presented additional design slides, including proposed roof and floor plans, as well as exterior elevations, highlighting the seamless integration of the expansion with the existing structure.
Terry Wery, Administrator of Parkview Gardens Assisted Living, LLC, provided insight into his background in senior care and his long-standing connection to the Poway community, and expressed gratitude for the Council's consideration of the proposed project expansion.
Public Comment:
Vanessa Springett spoke in support of Item #6.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:33 p.m.
Council discussion ensued. Council responded positively to the cohesive architectural design of the project, the well-maintained property, and the preservation of the view corridor.
Motioned by Mayor Vaus, seconded by Deputy Mayor De Hoff to adopt Resolution No. 25-009 entitled "A Resolution of The City Council of The City of Poway, California, Approving Conditional Use Permit (CUP) 24-0003, Assessor's Parcel Number 314-193- 47-00." Motion carried 5/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
4 of 8
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
August 19, 2025, Item #2
City of Poway - Minutes - May 20, 2025
7. Tentative Parcel Map (TPM) 24-0002, a Request to Subdivide One Vacant Parcel into Two Single-Family Residential Parcels (APN 321-110-52)
Mayor Vaus opened the Public Hearing at 7:35 p.m.
Ms. Piscitelli provided an aerial image of the property site, noting a private access road and the adjoining properties. Before submitting the lot split application, the applicant received approval to build a single-family home. Grading on the proposed parcel is complete, and construction is currently underway. She showed the existing RR-A zoning for the property and surrounding parcels.
The proposal subdivides the property into two 20-acre parcels, which is the minimum lot size required under the Poway Municipal Code (PMC) for properties not connected to City water.
Since both parcels will rely on well water, the RR-A zoning regulations permit a maximum of one dwelling unit for every 20 net acres.
Ms. Piscitelli provided a map showing the Biological Conservation Easement (BCE) created for the approved Minor Development Review Application (MORA) and grading plan, noting the project mitigates the development of both parcels in accordance with the Habitat Conservation Plan (HCP), and the project complies with the objective design standards of the PMC and General Plan including lot width, depth, maximum building height, coverage and setbacks.
Ms. Piscitelli explained a private trail for public access was dedicated by a previously approved MORA and ensures adequate fire access to the area. Additionally, the project qualifies for a California Environment Quality Act (CEQA) exemption as it follows existing zoning and general plan density regulations covered by a certified Environmental Impact Report (EIR) and requires no further review.
A neighborhood meeting for the proposed project was held in Council Chambers with seven (7) attendees. In response to questions about allowable density, staff confirmed no further subdivision of the lot is permitted.
Staff noted one amendment to the proposed Resolution No. 25-010, to remove a condition which limited the rental of the primary residence, which does not apply to the project since no ADUs are proposed.
The applicant, Todd Wiersum, stated the proposed house is designed to have a low environmental impact, with minimal disturbance to both the environment and archaeological resources.
Public Comment:
Jeffrey Schmidt spoke in opposition of Item #7.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:44 p.m.
Council discussion ensued. Responding to questions, staff confirmed the project is fully compliant with the HCP, noting over 88% of the property is being preserved and protected. 5 of 8
August 19, 2025, Item #2
City of Poway - Minutes - May 20, 2025
Council discussed the HCP, its designations and rules governing the mitigation of those areas, as well as wildlife corridors. Staff noted the majority of the acreage within the proposed parcel(s) will remain undisturbed.
Motioned by Councilmember Blain, seconded by Councilmember Maeda to table the item, requesting the item be brought back at the June 17, 2025 Regular City Council Meeting. Motion failed 2/3 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda
Pikus, De Hoff, Vaus
None
None
None
Motioned by Mayor Vaus, seconded by Councilmember Pikus to adopt Resolution No. 25-010 entitled "A Resolution of The City Council of The City of Poway, California, Approving Tentative Parcel Map (TPM) 24-0002, a Request to Subdivide One Vacant Parcel into Two Single-Family Residential Lots, Assessor's Parcel Number 321-110-52" amended to: remove a condition which limited the rental of the primary residence.
Motion carried 3/1/1 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
STAFF REPORTS:
None.
WORKSHOPS:
None.
Pikus, De Hoff, Vaus
Blain
Maeda
None
None
COUNCIL-INITIATED ITEMS:
None.
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember Blain recognized the efforts of the Community Food Connection organization in Poway and shared he will be attending Memorial Day Services at Dearborn Memorial Park on Monday, May 26, 2025. He also discussed fire prevention efforts, a Poway trail cleanup and the recent water workshop hosted by the Green Valley Civic Association. Mr. Blain noted the workshop did not address the issue of Councilmember salaries being funded through water fees.
He stated he has yet to receive a clear answer from City staff on the matter. He shared his intention to attend the next scheduled Budget Review Committee meeting per City Manager Hazeltine's recommendation.
6 of 8
August 19, 2025, Item #2
City of Poway - Minutes - May 20, 2025
Councilmember Maeda provided updates on the Goodan Ranch Policy Committee and the League of California Cites monthly meeting.
Councilmember Maeda motioned for staff to provide a status update on all development projects associated with the Poway Road Specific Plan (PRSP) in the interest of increasing the Poway Road frontage setbacks and reducing building heights, and the impacts that amending the PRSP would have on future projects. Motion carried 5/0 by the following vote:
Ayes:
Noes:
Abstained:
Absent:
Disqualified:
Blain, Maeda, Pikus, De Hoff, Vaus
None
None
None
None
Councilmember Pikus discussed the recent 'Sweep the Trails' volunteer event that took place on Saturday, May 17, 2025. Mr. Pikus discussed the 11th Annual Emergency and Safety Fair, hosted by the Poway Neighborhood Emergency Corps and the Poway's Fire Safe Council, scheduled for Saturday, May 31, 2025 in Old Poway Park. He also noted he will be attending Memorial Day Services at Dearborn Memorial Park. •
Deputy Mayor De Hoff provided updates from the free water workshop hosted by the Green Valley Civic Association on Saturday, May 17, 2025, at the Poway Library. The workshop discussed regional water management, water costs and water rate adjustments and its impact on local communities.
Mayor Vaus announced Poway has earned the 2024 Tree City USA designation from the Arbor Day Foundation. He also shared he attended the grand opening celebration for Boot Barn, highlighting the positive momentum in revitalizing the City's business corridor. Lastly, he recognized the Poway Community Foundation and the Poway Chamber of Commerce for hosting a ribbon-cutting event to celebrate the opening of the Chamber's new offices on Danielson Street.
CITY MANAGER ITEMS:
In response to earlier comments made by Councilmember Blain, City Manager Hazeltine clarified staff has repeatedly explained water service costs and cost allocation as it relates to Councilmember salaries to Mr. Blain, and has advised against City Councilmembers attending Budget Review Committee meetings since the budget will come before the City Council at a future meeting.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None.
CLOSED SESSION:
None.
7 of 8
August 19, 2025, Item #2
City of Poway- Minutes - May 20, 2025
ADJOURNMENT:
The meeting was adjourned at 8:07 p.m.
8 of 8
Carrie Gallagher, CMC
City Clerk
City of Poway, California
August 19, 2025, Item #2
AGENDA RE PO RT City o f Pow ay
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
August 19, 2025
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance @--
Mehrnoush Jamshidi, Finance Ma nag~
(858) 668-4426 or [email protected]
City's Investment Report as of June 30, 2025
CITY COUNCIL
Quarterly reports of investments are required to be presented to the City Council per California Government Code and the City's Investment Policy. Attached is the Investment Portfolio Report as of June 30, 2025.
Recommended Action:
It is recommended the City Council accept and file the attached report.
Discussion:
Pursuant to California Government Code Sec. 53646(b)(1) and the City's Investment Policy, the Director of Finance (i.e., City Treasurer) renders a quarter ly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment . Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information .
The City is in compliance with its adopted Investment Policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of June 30, 2025, was $164,044,466. It consisted of the following :
(Remainder of page intentionally left blank)
1 of33
August 19, 2025, Item #3
Investment Portfolio Total
Cash $2,101,399
Deposits at CalTRUST $25,740,508
Deposits at the Local Agency Investment Fund (LAIF) $53,734,135 U. S. Treasury Notes $33,605,166
U. S. Instrumentalities $27,101,776
Corporate Notes $21,761,482
Fair Value of Investment Portfolio as of June 30, 2025 $164,044,466 It is the City's practice to keep funds (including those identified to pay for Capital Improvement Projects) invested and earning interest until they are needed. In addition to changing market conditions, reductions in the fair value of the investment portfolio can also be reflective of payments for large capital projects as well as operational expenses.
The attached Investment Portfolio Report (Attachment B) and Investment Report (Attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The Portfolio Report includes all investments while the Investment Report includes only those investments managed by Insight Investment.
CalTRUST is a joint powers authority created by and for California public agencies to pool their assets and invest local agency funds until they are needed. Any California public agency may participate in the CalTRUST, including the state, counties, cities, and special districts. The City invests portions of investable funds of the portfolio in the Short Term CalTRUST account with target investment of funds up to two years. The City also invests portions of the investable funds of the portfolio in the Medium Term CalTRUST account with target investment of funds between one and three years.
The Local Agency Investment Fund (LAIF) is a California State offered and administered investment pool made available to local agencies within the State. This program offers local agencies, such as the City, the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office professional investment staff. The State of California cannot borrow or withhold LAIF money per California statute.
All City funds, including the General Fund, Water Fund, Wastewater Fund and others - except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month endingJune 30, 2025, is estimated at 4.27% for LAIF, 4.31 % for the CalTRUST short-term fund, and 4.02% for the CalTRUST medium-term fund.
For fixed income securities, the difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $83,834,389; the fair value is $84,569,823 for an unrealized gain of $735,435 or 0.88% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S. Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation.
2 of 33
August 19, 2025, Item #3
Also included with this report are recaps of the City's cash and investments held by fiscal agents, non managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at June 30, 2025, was $576,119. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $13,781 at June 30, 2025. The City's cash on hand at June 30, 2025 totaled $608,564.
The June 30, 2025 balance of the City's Library Trust Fund is $263,143. Through the Fiscal Year 2024- 25 period ending June 30, 2025, $5,791 of interest earnings has been transferred to the General Fund.
The City Transfers 90% of the Library Trust Fund's interest revenue to the General Fund on an annual basis to help offset library operating costs.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The externally managed investment portfolio earned $211,884 of interest during June 2025, as well as $223,058 of interest during May 2025, and $197,923 during April 2025. Fees for investment services during this period totaled $10,498. Net revenues received from investments are recorded to each fund based on a proportional share of invested funds for the period. Investment income is budgeted each year to account for this revenue source in each impacted City fund.
Public Notification:
None.
Attachments:
A. Investment Statistics
B. Investment Portfolio Report prepared by Insight Investment C. Investment Report prepared by Insight Investment
D. City of Poway Investments and Cash with Fiscal Agent; General, Payroll, and Petty Cash Report at June 30, 2025
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of 33
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~ -
Chris H me
City Manager
August 19, 2025, Item #3
City of Poway
Investment Statistics
Separately Managed Investment Pools
Fair Value:
CalTRUST Short-Term Deposits
CalTRUST Medium-Term Deposits
June
2024
$ 12,378,961
12,014,766
49,322,370
March
2025
$ 12,869,241
12,565,574
46,629,209
June
2025
13,009,065
12,731,443
53,734,135
Deposits at the Local Agency Investment Fund (LAIF)
Total Fair Value $ 73,716,097 $ 72,064,024 $ 79,474,643 Weighted Average Yield
Effective Average Duration in days
Weighted Average Maturity in days
Externally Managed Investment Pools
Fair Value:
4.52%
1 1
4.31%
1 1
4.24%
1 1
Cash $ 548,599 $ 471,743 $ 2,101,399
U.S. Treasury Notes
U.S. Instrumentalities
Corporate Bonds
Total Fair Value
Amortized Cost Value:
Cash
U.S. Treasury Notes
U.S. Instrumentalities
Corporate Bonds
Total Amortized Cost Value
Unrealized Gain (Loss)
Unrealized Gain (Loss) Percentage
Accrued Interest Earned
Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
32,531,265
23,656,692
22,968,276
79,704,832
548,599
32,869,178
23,853,451
23,148,785
80,420 ,012
(715,180)
-0.89%
176,854
4.02%
2.23 2.45
34,547,072
25,063,344
23,477,978
83,560,137
471,743
34,398,367
24,882,938
23,283,899
83,036,948
523,191
0.63%
217,499
4.32%
1.85 2.02
33,605,166
27,101,776
21,761,482
84,569,823
2,101,399
33,356,403
26,861,039
21,515,548
83,834,389
735,435
0.88%
211,884
4.36%
1.82 2.03
Total Fair Value of Portfolio Assets $ 153,420,929 $ 155,624,161 $ 164,044,466 Weighted Average Yield
Effective Average Duration in years
Weighted Average Maturity in years
Glossary of Yield Terminology
4.26%
1.16 1.27
4.32%
0.99 1.09
Coupon : A bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly , or annually.
Book Yield : The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity.
Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date.
One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's lime, factoring in interest payments, changes in market value and reinvestment of distributions .
4.30%
0.94 1.05
Weighted Average Yield : The total yield on a bond portfolio divided by the number of bonds contained in it, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings .
Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is that rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 4 of 33 ATTACHMENT A
August 19, 2025, Item #3
City Managed Assets
LAIF
CalTrust - Short
CalTrust - Medium
Total Managed by City
as % of Total Portfolio Assets
Weighted Average Yield
Effective Average Duration
Weighted Average Maturity
Insight Managed Assets
Cash
Treasury Securities
Instrumentality Securities
Corporate Notes
Total Managed by Insight
as % of Total Portfolio Assets
Weighted Average Yield
Effective Average Duration
Weighted Average Final Maturity
Total Portfolio Assets
LAIF
CalTrust - Short
CalTrust - Medium
Cash
Treasury Securities
Instrumentality Securities
Corporate Notes
Total Portfolio Assets
Weighted Average Yield
Effective Average Duration
Weighted Average Maturity
Total Portfolio Change
Beginning Balance
Ending Balance
City of Poway
Monthly Consolidated Portfolio Report
Market Value
53,734,135
13,009,065
12,731,443
79,474,643
Market Value
2,101,399
33,605,166
27,101,776
21,761,482
84,569,823
Market Value
53,734,135
13,009,065
12,731,443
2,101,399
33,605,166
27,101,776
21,761,482
164,044,466
Market Value
159,921,820
164,044,466
June 30, 2025
% Yield
68% 4.27%
16% 4.31%
16% 4.02%
100%
48%
4.24%
Days CalTrust-
Short, 16%
1.00 1.00
% Yield
2% 4.21%
40% 4.13%
32% 4.38%
26% 4.71%
100%
52%
4.36%
Years
1.82 2.03
% Yield
33% 4.27%
8% 4.31%
8% 4.02%
1% 4.21% Instrumentality
20% 4.13%
Securities--,.
25%
17% 4.38%
13% 4.71%
100%
4.30%
Years
0.94 1.05
... N~orporate
~ otes,26%
lnstrumentali
Securities, 32 1/o
Treasury
Securities. 40
For Insight Managed Assets, market values exclude accrued interest and purchase yields are presented.
The City provides the City Managed Assets information.
5 of33 ATTACHMENT B
12%
CalTrusl-
Medium
11%
Cash
1.9%
August 19, 2025, Item #3
6 of33 ATTACHMENT C
August 19, 2025, Item #3
-.J
Contents 0 ....
w w
Fixed income market review 3
Activity and performance summary 4
Recap of securities held 6
Maturity distribution of securities held 7
Securities held 8
GASB 40 - Deposit and investment risk disclosure 14
Securities sold and matured 19
Detail of return and interest received 20
Transaction report 24
Additional information 26
August 19, 2025, Item #3
00 0 ....
w w
FIXED INCOME MARKET REVIEW
As of June 30, 2025
Chart 1: The FOMC keeps two cuts on the agenda for 2025
5.5 4.5
3.5 , I • • • • • • Market expectations
(Jun-2025)
~ 2.5 ~ J --FOMCDots
(Mar 19, 2025)
1.5 ~ r -- ♦ - - FOMC Dots
(Jun 18, 2025)
0.5 ~ j --Fed funds rate
-o.s2022 2023 2024 2025 2026 2027
Source: Bureau Federal Reserve, Macrobond, Insight June 30, 2025 Chart 2: Continuing jobless claims reach another new cycle high 2 1.9
V,
E 1.8 ·;;; u
V,
V, -(I/ V,
1.7 - C: .D 0
.2, =
o.o=
c: E 1.6 ·:; -
C:
-~
0 1.5
u
1.4 1.3
Jan-22 Jul-22 Jan-23 Jul-23 Jan-24
Source: Department of Labor, Bloomberg, June 30, 2025
2028 2029
Jul-24 Jan-25
CITY OF POWAY
Economic Indicators and Monetary Policy
The Federal Reserve's latest median "dot plot" continued to project two rate cuts in 2025, albeit voting was heavily bifurcated among those voting for no cuts and those voting for two .
Beyond 2025, the committee's rate projections were slightly more hawkish than they were in March (Chart 1 ). The committee also slightly raised its inflation projections. Chair Powell struck notes of caution stating: "we expect a meaningful amount of inflation to arrive in the coming months, and we have to take that into account".
The latest estimate of Q1 GDP was -0.5% SAAR, down from the previous estimate of -0.2%. It showed a lower positive contribution from consumption relative to the previous estimates.
Inflation remained relatively stable. CPI rose from 2.3% to 2.4% while PCE rose from 2.2% to 2.3%.
Core CPI remained at 2.8% while core PCE rose from 2.6% to 2.7%. The "stubborn" core services categories were generally relatively well behaved . There were some initial signs of tariff inflation within some minor categories such as auto parts and canned fruits and vegetables, albeit the impact was not enough to materially impact overall figures.
Labor market data indicated tighter hiring conditions, if not an inflection point in layoffs .
Monthly payrolls showed 139,000 jobs added to the economy, while the unemployment rate remained at 4.2% and wage growth remained at 3. 9%. Weekly initial jobless claims eased from 248,000 to 236,000, but continuing claims reached a new cycle high at just under two million (Chart 2).
On the trade front, the White House further increased tariffs on steel and aluminum from 25% to 50%, including an expanding range of "derivative products". The administration exempted the UK, depending on the status of the US-UK trade deal framework.
Politics-wise, the Senate revised the proposed "One Big Beautiful Bill Act" to make certain business-related tax provisions permanent, slow the phase-out of various clean energy credits , include a lower SALT cap and deeper Medicaid cuts.
Interest Rate Summary
It was a "risk on" month for markets, with equity markets continuing to recover while Treasury yields fell across the curve. At the end of June, the 3-month US Treasury bill yielded 4.29%, the 6-month US Treasury bill yielded 4.25%, the 2-year US Treasury note yielded 3.72%, the 5-year US Treasury note yielded 3.8% and the 10-year US Treasury note yielded 4.23%. 3 August 19, 2025, Item #3
U)
0 ACTIVITY AND PERFORMANCE SUMMARY
For the period June 1, 2025 - June 30, 2025
:; I Amortized Cost Basis Act ivity Summary
w Opening balance 83,288,614.91
Income received 463,421 .56
Total receipts 463,421.56
Total disbursements 0.00
lnterportfolio transfers 0.00
Total lnterportfollo transfers
Realized gain (loss)
Change in accruals from security movement
Total amortization expense
Total 01D/MKT accretion Income
Return of capital
Closing balance
Ending fair value
Unrealized gain (loss)
Comparative Rates of Return {%}
* Twelve * Six
month trailing month trailing
Fed Funds 4.65 2.12
Overnight Repo 4.70 2.14
Merrill Lynch 3m US Treas Bill 4.46 2.07
Merrill Lynch 6m US Treas Bill 4.42 2.12
ML 1 Year US Treasury Note 4.22 2.01
ML 2 Year US Treasury Note 4.05 1.97
ML 5 Year US Treasury Note 4.03 2.02
* rates reflected are cumulative
0.00 0.00
0.00 (4,727.32)
87,079.35
0.00 83,834,388.50
84,569,822.06
735,433.56
* One month
0.35 0.35
0.34 0.33
0.33 0.31
0.32 Detail of Amortized Cost Basis Return
Interest Accretion Realized
earned {amortization) gain {loss)
Cash and Cash Equivalents 605.56 0.00 0.00
Corporate Bonds 68,408.50 12,292.64 0.00
Government Agencies 68,916.50 26,091.59 0.00
Government Bonds 73,953.27 43,967.80 0.00
Total 211,883.83 82,352.03 0.00
Summary of Amortized Cost Basis Return for the Period
Interest earned
Accretion {amortization)
Realized gain {loss) on sales
Total income on portfolio
Average daily amortized cost
Period return (%)
YTD return (%)
Weighted average final maturity in days
CITY OF POWAY
Total
income
605.56
80,701.14
95,008.09
117,921.07
294,235.86
Total portfolio
211,883.83
82,352.03
0.00 294,235.86
83,633,759.62
0.35 2.07
740
4 August 19, 2025, Item #3
-0
0 ....
w w
ACTIVITY AND PERFORMANCE SUMMARY
For the period June 1, 2025 - June 30, 2025
Fair Value Basis Activity Summary
Opening balance
Income received
Total receipts
Total disbursements
lnterportfolio transfers
Total lnterportfollo transfers
Unrealized gain (loss) on security movements
Change in accruals from security movement
Return of capital
Change in fair value for the period
Ending fair value
463,421.56
0.00 Comparative Rates of Return (%\
* Twelve * Six
month trailing month trailing
Fed Funds
Overnight Repo
ICE Bofa 3 Months UST-BILL
ICE Bofa 6m US Treas Bill
ICE Bofa 1 Yr US Treasury Note
ICE BofA US Treasury 1-3
ICE BofA US Treasury 1-5
* rates reflected are cumulative
4.65 2.12
4.70 2.14
4.68 2.07
4.82 2.03
4.76 1.96
5.67 2.79
6.07 3.39
83,801,871 .27
463,421 .56
0.00 0.00
0.00 0.00
0.00 304,529.23
84,569,822 .06
* One
month
0.35 0.35
0.33 0.35
0.41 0.60
0.74 Detail of Fair Value Basis Return
Interest Change in
earned fair value
Cash and Cash Equivalents 605.56 0.00
Corporate Bonds 68,408.50 68,656 .92
Government Agencies 68,916.50 86,779 .89
Government Bonds 73,953 .27 149,092.42
Total 211,883.83 304,529.23
Summary of Fair Value Basis Return for the Period
Interest earned
Change in fair value
Total income on portfolio
Average daily total value*
Period return(%)
YTD return (%)
Weighted average final maturity in days
* Total value equals market value and accrued interest
CITY OF POWAY
Total
income
605.56
137,065.42
155,696.39
223,045.69
516,413.06
Total portfolio
211,883.83
304,529.23
516,413 .06
84,759,799 .36
0.61 3.01
740
5 August 19, 2025, Item #3
RECAP OF SECURITIES HELD
As of June 30, 2025 ..... .....
0 Historical ....
w cost w
Cash and Cash Equivalents 2,101,398.95
Corporate Bonds 21,229,495.00
Government Agencies 26,233,335.59
Government Bonds 32,258,774.36
mdl
~--•-~ ••• II!!!\~
Amortized Fair value Unrealized Weighted
cost gain (loss) average
final
maturity (days)
2,101,398.95 2,101,398.95 0.00 1
21,515,547.72 21,761,481.59 245,933.87 729
26,861,039.14 27,101,775.85 240,736.71 758
33,356,402.69 33,605,165.67 248,762.98 780
~~~~ ~-~ - - - i.L& . ill. .,...,..,,.
Portfolio diversification (%)
■ Cash and Cash Equivalents
■ Corporate Bonds
■ Government Agencies
■ Government Bonds
Total
Percent
of
portfolio
2.57 25.95
32.06 39.43
2.57 25.95
32.06 39.43
100.00
CITY OF POWAY
Weighted
average
effective
duration (years)
0.00 1.70
1.84 2.00
6 August 19, 2025, Item #3
...
N
0 .....
w w
MATURITY DISTRIBUTION OF SECURITIES HELD
As of June 30, 2025
Maturity
--
Under 90 days
90 to 1 79 days
1 80 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
25.00 E 20.00
.§.
~ 15.00
u
"' -~ 10.00
0 <J
i 5.00
0.00 o'l>1
o.i~
be}
v;'-' s:,'-o
Ql
Maturity distribution
o01
'\o.i
"
:I.
,4,e,'I>
,o
0'1>4,"'
'b~
"
~
4,'lJ'I>
'l,
,,o
tb"' 4,'lJ
":,
'l, ..s,
tb"' 4,'lJ 't,,.
":>,o
Historic cost
6,032,496.04
3,618,431.79
11,777,005.34
20,046,519 .38
24,737,624.19
8,768,571.52
6,842,355.64
0.00 tb"'
<,;, 4,'lJ
tb"' 4,'lJ
/..<,;, ..,,_,o 0-.,,.ru
CITY OF POWAY
Percent
7.37 4.42
14.39 24.50
30.23 10.72
8.36 0.00
7 August 19, 2025, Item #3
SECURITIES HELD
CITY OF POWAY
As of June 30, 2025 ... w
g, Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port w (loss) interest cost Cash and Cash Equivalents
Cash and Cash Equivalents 0.000 2,101,398.95 2,101,398.95 2,101,398.95 2,101,398.95 0.00 0.00 2.57 -- - - - --- --- - - --- --- ----
Total Cash and Cash Equivalents 2,101,398.95 2,101,398.95 2,101,398.95 2,101,398.95 0.00 0.00 2.57 Corporate Bonds
24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11SEP2025 3.400 09/11/2025 1,000,000.00 989,920.00 999,230.62 997,588.06 (1,642.56) 10,294.44 1.21 02665WEY3 AMERICAN HONDA FINANCE 4.95% 09JAN2026 4.950 01/09/2026 1,000,000.00 995,500.00 998,420.28 1,002,201.91 3,781.63 23,512.50 1.22 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 0.700 02/08/2026 1,200,000.00 1,096,152.00 1,176,390.09 1,174,539.52 (1,850.57) 3,313.33 1.34 01/08/2026
06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 3.500 04/19/2026 1,800,000 .00 1,736,028.00 1,781,157.94 1,787,538.10 6,380.16 12,425.00 2.12 91159HHN3 US BANCORP 2.375% 22JUL2026 (CALLABLE 22JUN26) 2.375 07/22/2026 1,000,000.00 944,140.00 975,234.58 981,876.03 6,641.45 10,423.61 1.15 06/22/2026
02665WBH3 AMERICAN HONDA FINANCE 2.3% 09SEP2026 2.300 09/09/2026 1,100,000.00 1,034,869.00 1,076,279.94 1,073,728.23 (2,551.71) 7,800.83 1.26 17325FBC1 CITIBANK NA 5.488% 04DEC2026 (CALLABLE 04NOV26) 5.488 12/04/2026 1,400,000 .00 1,420, 132.00 1,409,993.63 1,422,172.93 12,179.30 5,548.98 1.74 11/04/2026
17275RBQ4 CISCO SYSTEMS INC 4.8% 26FEB2027 (CALLABLE 4.800 02/26/2027 1,250,000.00 1,253,775.00 1,252,154.31 1,265,158.19 13,003.88 20,666.67 1.53 26JAN27) 01/26/2027
037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 2.900 09/12/2027 1,300,000.00 1,234,987 .00 1,267,848.53 1,272,072.57 4,224.04 11,310.00 1.51 06/12/2027
24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 15SEP2027 4.150 09/15/2027 1,000,000 .00 992,020.00 996,008.65 1,002,085.51 6,076.86 12,104 .17 1.21 8 August 19, 2025, Item #3
SECURITIES HELD
CITY OF POWAY
As of June 30, 2025
~
.i::,.
g_ Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port w (loss) interest cost Corporate Bonds
89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 12JAN2028 4.625 01/12/2028 1,100,000 .00 1,091,585 .00 1,095,371.61 1,113,306.14 17,934.53 23,741 .67 1.33 46625HRY8 JPMORGAN CHASE & CO 3.782% 01 FEB2028 (CALLABLE 3.782 02/01/2028 2,000,000.00 1,909,600 .00 1,941,795.46 1,982,623.12 40,827 .66 31 ,306 .56 2.33 01 FEB27) 02/01/2027
194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 4.600 03/01/2028 2,400,000.00 2,391,240 .00 2,394 ,941.48 2,441,073.48 46,132.00 36,493 .33 2.92 01 FEB28) 02/01/2028
91159HJF8 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 4.548 07/22/2028 900,000 .00 890,253.00 893,093.16 902,030 .76 8,937.60 17,964.60 1.09 07/22/2027
17325FBB3 CITIBANK NA 5.803% 29SEP2028 (CALLABLE 29AUG28) 5.803 09/29/2028 1,000,000 .00 1,027,800 .00 1,019,287 .83 1,045,568 .85 26,281 .02 14,668.69 1.26 08/29/2028
17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 4.850 02/26/2029 1,000,000.00 999,390 .00 999,515.07 1,024,774 .56 25,259.49 16,705 .56 1.22 26JAN29) 01/26/2029
717081ET6 PFIZER INC 3.45% 15MAR2029 (CALLABLE 15DEC28) 3.450 03/15/2029 1,300,000.00 1,222,104.00 1,238,824.54 1,273, 143.63 34,319.09 13,081 .25 1.49 12/15/2028
Total Corporate Bonds 21,750,000.00 21,229,495 .00 21,515 ,547.72 21,761 ,481 .59 245,933.87 271,361.19 25.95 Government Agencies
3136G4K85 FANNIE MAE 0.5% 18AUG2025 CALLABLE #0000 0.500 08/18/2025 1,350,000.00 1,266,394.50 1,342 ,124.03 1,343,100.81 976.78 2,475 .00 1.55 3134A2HG6 FREDDIE MAC 0% 11 DEC2025 0.000 12/11/2025 1,000,000.00 895,930 .00 980,312.19 980,589.83 277.64 0.00 1.09 3130ALHHO FEDERAL HOME LOAN BANK 0.96% 05MAR2026 0.960 03/05/2026 2,300,000.00 2,092,540 .00 2,246,470.80 2,251 ,681.49 5,210.69 7,053.33 2.56 (CALLABLE 05AUG25) 07/05/2025
3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 4.750 06/12/2026 1,100,000 .00 1,096,612.00 1,098,835.47 1,106 ,899.97 8,064 .50 2,612.50 1.34 9 August 19, 2025, Item #3
SECURITIES HELD
CITY OF POWAY
As of June 30, 2025 ...
u,
g, Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port w (loss) interest cost Government Agencies
3133EPUW3 FEDERAL FARM CREDIT BANK 4.75% 015EP2026 4.750 09/01/2026 2,000,000.00 1,987,080.00 1,994,437.85 2,016,554.44 22,116.59 31,402 .78 2.43 3130APJH9 FEDERAL HOME LOAN BANK 1.75% 280CT2026 1.750 10/28/2026 2,050,000.00 1,860,110 .55 1,979,664.44 2,002,539.53 22,875.09 6,178.47 2.27 (CALLABLE 28JUL25) #0006 07/28/2025
3133EPK79 FEDERAL FARM CREDIT BANK 4.375% 07DEC2026 4.375 12/07/2026 1,200,000.00 1,196,508.00 1,198,244.96 1,206,962.50 8,717.54 3,354 .17 1.46 3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 1.250 12/21/2026 2,300,000.00 2,055,763.00 2,206,585.92 2,214,234.61 7,648.69 718.75 2.51 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 4.125 09/10/2027 2,000,000.00 1,993,260.00 1,996,746.24 2,012,072.12 15,325.88 25,208.33 2.44 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 4.125 12/01/2027 1,000,000 .00 989,640.00 994,439.89 1,006,505.34 12,065.45 3,322.92 1.21 3130ATU54 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 4.250 12/10/2027 2,000,000.00 2,010,731.16 2,005,716.81 2,022,065.12 16,348.31 4,722.22 2.46 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 4.000 01/06/2028 1,100,000.00 1,105,292.88 1,102,843.21 1,104,346.98 1,503.77 21,266.67 1.35 3130AEB25 FEDERAL HOME LOAN BANK 3.25% 09JUN2028 3.250 06/09/2028 2,700,000.00 2,574,679.50 2,604,329.06 2,669,342.45 65,013.39 5,118.75 3.15 3133ER5D9 FEDERAL FARM CREDIT BANK 4.49% 05MAR2029 4.490 03/05/2029 1,900,000.00 1,911,894.00 1,910,975.43 1,910,228.63 (746.80) 27,251.81 2.34 (CALLABLE 05MAR27) 03/05/2027
3133EP5U5 FEDERAL FARM CREDIT BANK 4.125% 20MAR2029 4.125 03/20/2029 2,000,000.00 1,985,860.00 1,989,067.64 2,024,734.66 35,667.02 22,916.67 2.43 10 August 19, 2025, Item #3
SECURITIES HELD
CITY OF POWAY
As of June 30, 2025 ....
CJ\
g, Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port w (loss) interest cost Government Agencies
3130ATUT2 FEDERAL HOME LOAN BANK 4.5% 14DEC2029 4.500 12/14/2029 1,200,000.00 1,211,040 .00 1,210,245.20 1,229,917.37 19,672 .17 2,400.00 1.48 Total Government Agencies 27,200,000.00 26,233,335.59 26,861,039.14 27,101,775.85 240,736.71 166,002.37 32.06 Government Bonds
91282CEY3 USA TREASURY 3% 15JUL2025 3.000 07/15/2025 400,000.00 395,532.59 399,769.93 399,786.19 16.26 5,502.76 0.48 91282CAJO USA TREASURY 0.25% 31 AUG2025 0.250 08/31/2025 1,400,000.00 1,279,250.00 1,393,275.59 1,390,183.59 (3,092.00) 1,160.33 1.56 91282CAT8 USA TREASURY 0.25% 31 OCT2025 0.250 10/31/2025 1,200,000.00 1,086,046.88 1,187,360.25 1,183,980.47 {3,379.78) 497.28 1.33 9128285N6 USA TREASURY 2.875% 30NOV2025 2.875 11/30/2025 1,700,000 .00 1,636,454 .91 1,686,158.34 1,690,122.07 3,963 .73 4,006.15 2.00 91282CBC4 USA TREASURY 0.375% 31 DEC2025 0.375 12/31/2025 2,300,000.00 2,106,124.89 2,270,332.47 2,256,425.79 {13,906.68) 0.00 2.57 91282CBT7 USA TREASURY 0.75% 31 MAR2026 0.750 03/31/2026 1,400,000 .00 1,243,707 .82 1,364,539.10 1,365,464 .84 925 .74 2,610.66 1.52 91282CKS9 USA TREASURY 4.875% 31MAY2026 4.875 05/31/2026 1,400,000.00 1,410,340.63 1,406,696.59 1,410,007.82 3,311.23 5,594.26 1.72 912828YU8 USA TREASURY 1.625% 30NOV2026 1.625 11/30/2026 1,600,000.00 1,468,130.36 1,535,574.24 1,551,250 .00 15,675.76 2,131.15 1.79 91282CDQ1 USA TREASURY 1.25% 31DEC2026 1.250 12/31/2026 2,350,000 .00 2,088,287.11 2,250,773.86 2,262,150.40 11,376.54 0.00 2.55 91282CEF4 USA TREASURY 2.5% 31 MAR2027 2.500 03/31/2027 1,000,000 .00 924,573 .66 960,547 .71 978,632 .81 18,085 .10 6,215 .85 1.13 11 August 19, 2025, Item #3
SECURITIES HELD
CITY OF POWAY
As of June 30, 2025 ...
" 2, Cusip Description Coupon Maturity/ Par value or Historical cost Amortized cost Fair value Unrealized Total % w Call date shares gain accrued Port w (loss) interest cost Government Bonds
91282CET4 USA TREASURY 2.625% 31 MAY2027 2.625 05/31/2027 2,000,000.00 1,901,256.70 1,941,234.58 1,958,671.88 17,437.30 4,303.28 2.32 91282CEW7 USA TREASURY 3.25% 30JUN2027 3.250 06/30/2027 740,000.00 699,620.45 717,537.05 733,380.47 15,843.42 0.00 0.86 91282CFB2 USA TREASURY 2.75% 31JUL2027 2.750 07/31/2027 1,800,000.00 1,671,756.03 1,726,041.32 1,764,914.06 38,872.74 20,511.05 2.04 91282CFU0 USA TREASURY 4.125%31OCT2027 4.125 10/31/2027 2,100,000.00 2,077,858.60 2,087,073.32 2,119,195.30 32,121.98 14,359 .04 2.54 9128283F5 USA TREASURY 2.25% 15NOV2027 2.250 11/15/2027 1,100,000.00 1,030,523.22 1,064,915.56 1,063,691.41 (1,224.15) 3,093.75 1.26 91282CHE4 USA TREASURY 3.625% 31 MAY2028 3.625 05/31/2028 2,100,000.00 2,074,577.35 2,082,553.08 2,095,570.30 13,017.22 6,239.75 2.54 91282CCH2 USA TREASURY 1.25% 30JUN2028 1.250 06/30/2028 1,700,000.00 1,473,488.28 1,556,500 .87 1,582,660.15 26,159.28 0.00 1.80 9128285M8 USA TREASURY 3.125% 1 SNOV2028 3.125 11/15/2028 2,200,000.00 2,059,929 .24 2,093,139.90 2,158,921.86 65,781 .96 8,593.75 2.52 91282CKX8 USA TREASURY 4.25% 30JUN2029 4.250 06/30/2029 1,200,000.00 1,206,004.02 1,205,263.53 1,222,312 .50 17,048.97 0.00 1.47 91282CFJ5 USA TREASURY 3.125% 31AUG2029 3.125 08/31/2029 1,200,000.00 1,175,300.90 1,178,812.52 1,171,031.26 (7,781.26) 12,432.07 1.44 91282CFT3 USA TREASURY 4% 31 OCT2029 4.000 10/31/2029 1,600,000.00 1,616,255.36 1,615,630.46 1,615,250.00 (380.46) 10,608.70 1.98 12 August 19, 2025, Item #3
....
00 SECURITIES HELD
As of June 30, 2025
o Cusip .... Description
w w
Government Bonds
91282CMG3 USA TREASURY 4.25% 31 JAN2030
Total Government Bonds
Coupon Maturity/ Par value or Historical cost
Call date shares
4.250 01/31/2030 1,600,000.00 1,633,755.36
34,090,000.00 32,258,774.36
----- --mEil
CITY OF POWAY
Amortized cost Fair value Unrealized Total %
gain accrued Port
(loss) interest cost
1,632,672.42 1,631,562.50 (1,109.92) 28,176.80 2.00
33,356,402.69 33,605,165.67 248,762.98 136,036.63 39.43 l:H:t:!1:1:l:Ji.iil ~11-t.i:.J:J,J,.11f~
13 August 19, 2025, Item #3
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of June 30, 2025 ....
ID
g, Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date w rating rating shares cost hist cost value mkt value dur (yrs) United States Treasury Note/Bond
91282CEY3 USA TREASURY 3% 3.000 07/15/2025 AA+ Aa1 400,000.00 395,532.59 0.48 399,786.19 0.47 0.04 91282CAJO USA TREASURY 0.25% 0.250 08/31/2025 AA+ Aa1 1,400,000.00 1,279,250.00 1.56 1,390,183.59 1.64 0.17 91282CAT8 USA TREASURY 0.25% 0.250 10/31/2025 AA+ Aa1 1,200,000.00 1,086,046.88 1.33 1,183,980.47 1.40 0.33 9128285N6 USA TREASURY 2.875% 2.875 11/30/2025 AA+ Aa1 1,700,000.00 1,636,454.91 2.00 1,690, 122.07 2.00 0.41 91282CBC4 USA TREASURY 0.375% 0.375 12/31/2025 AA+ Aa1 2,300,000.00 2,106, 124.89 2.57 2,256,425.79 2.67 0.49 91282CBT7 USA TREASURY 0.75% 0.750 03/31/2026 AA+ Aa1 1,400,000.00 1,243,707 .82 1.52 1,365,464.84 1.61 0.73 91282CKS9 USA TREASURY 4.875% 4.875 05/31/2026 AA+ Aa1 1,400,000.00 1,410,340.63 1.72 1,410,007.82 1.67 0.89 912828YU8 USA TREASURY 1.625% 1.625 11/30/2026 AA+ Aa1 1,600,000.00 1 ,468, 130.36 1.79 1,551,250.00 1.83 1.38 91282CDQ1 USA TREASURY 1.25% 1.250 12/31/2026 AA+ Aa1 2,350,000 .00 2,088,287.11 2.55 2,262, 150.40 2.67 1.46 91282CEF4 USA TREASURY 2.5% 2.500 03/31/2027 AA+ Aa1 1,000,000 .00 924,573.66 1.13 978,632.81 1.16 1.67 91282CET4 USA TREASURY 2.625% 2.625 05/31/2027 AA+ Aa1 2,000,000.00 1,901,256.70 2.32 1,958,671.88 2.32 1.84 91282CEW7 USA TREASURY 3.25% 3.250 06/30/2027 AA+ Aa1 740,000.00 699,620.45 0.86 733,380.47 0.87 1.91 91282CFB2 USA TREASURY 2.75% 2.750 07/31/2027 AA+ Aa1 1,800,000.00 1,671,756.03 2.04 1,764,914.06 2.09 1.97 91282CFUO USA TREASURY 4.125% 4.125 10/31/2027 AA+ Aa1 2,100,000.00 2,077,858.60 2.54 2,119,195.30 2.51 2.19 9128283F5 USA TREASURY 2.25% 2.250 11/15/2027 AA+ Aa1 1,100,000.00 1,030,523.22 1.26 1,063,691.41 1.26 2.27 91282CHE4 USA TREASURY 3.625% 3.625 05/31/2028 AA+ Aa1 2,100,000.00 2,074,577.35 2.54 2,095,570.30 2.48 2.73 91282CCH2 USA TREASURY 1.25% 1.250 06/30/2028 AA+ Aa1 1,700,000.00 1,473,488.28 1.80 1,582,660.15 1.87 2.89 9128285MB USA TREASURY 3.125% 3.125 11/15/2028 AA+ Aa1 2,200,000.00 2,059,929.24 2.52 2,158,921.86 2.55 3.15 91282CKX8 USA TREASURY 4.25% 4.250 06/30/2029 AA+ Aa1 1,200,000.00 1,206,004 .02 1.47 1,222,312.50 1.45 3.65 91282CFJ5 USA TREASURY 3.125% 3.125 08/31/2029 AA+ Aa1 1,200,000.00 1,175,300.90 1.44 1,171,031.26 1.38 3.82 91282CFT3 USA TREASURY 4% 4.000 10/31/2029 AA+ Aa1 1,600,000.00 1,616,255.36 1.98 1,615,250.00 1.91 3.92 91282CMG3 USA TREASURY 4.25% 4.250 01/31/2030 AA+ Aa1 1,600,000.00 1,633,755.36 2.00 1,631,562.50 1.93 4.07 Issuer total 34,090,000.00 32,258,774.36 39.43 33,605,165.67 39.74 2.00 14 August 19, 2025, Item #3
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of June 30, 2025
N
0 g, Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) w Federal Home Loan Banks
3130ALHHO FEDERAL HOME LOAN 0.960 03/05/2026 07/05/2025 AA+ Aa1 2,300,000.00 2,092,540.00 2.56 2,251,681.49 2.66 0.66 3130AWLZ1 FEDERAL HOME LOAN 4.750 06/12/2026 AA+ Aa1 1,100,000.00 1,096,612.00 1.34 1,106,899.97 1.31 0.92 3130APJH9 FEDERAL HOME LOAN 1.750 10/28/2026 07/28/2025 AA+ Aa1 2,050,000.00 1,860,110.55 2.27 2,002,539 .53 2.37 1.29 3130AQF65 FEDERAL HOME LOAN 1.250 12/21/2026 AA+ Aa1 2,300,000.00 2,055,763.00 2.51 2,214,234.61 2.62 1.44 3130ATHWO FEDERAL HOME LOAN 4.125 09/10/2027 AA+ Aa1 2,000,000 .00 1,993,260.00 2.44 2,012,072.12 2.38 2.05 3130ATUS4 FEDERAL HOME LOAN 4.250 12/10/2027 AA+ Aa1 2,000,000.00 2,010,731.16 2.46 2,022,065.12 2.39 2.29 3130AEB25 FEDERAL HOME LOAN 3.250 06/09/2028 AA+ Aa1 2,700,000.00 2,574,679.50 3.15 2,669,342.45 3.16 2.77 3130ATUT2 FEDERAL HOME LOAN 4.500 12/14/2029 AA+ Aa1 1,200,000.00 1,211,040.00 1.48 1,229,917.37 1.45 4.01 Issuer total 15,650,000.00 14,894 ,736.21 18.20 15,508,752 .66 18.34 1.91 Federal Farm Credit Banks Funding Corp
3133EPUW3 FEDERAL FARM CREDIT 4.750 09/01/2026 AA+ Aa1 2,000,000.00 1,987,080.00 2.43 2,016,554.44 2.38 1.11 3133EPK79 FEDERAL FARM CREDIT 4.375 12/07/2026 AA+ Aa1 1,200,000.00 1,196,508.00 1.46 1,206,962.50 1.43 1.38 3133EPCG8 FEDERAL FARM CREDIT 4.125 12/01/2027 AA+ Aa1 1,000,000.00 989,640.00 1.21 1,006,505.34 1.19 2.28 3133ENSN6 FEDERAL FARM CREDIT 4.000 01/06/2028 AA+ Aa1 1,100,000.00 1,105,292.88 1.35 1,104,346.98 1.31 2.33 3133ER5D9 FEDERAL FARM CREDIT 4.490 03/05/2029 03/05/2027 AA+ Aa1 1,900,000.00 1,911,894.00 2.34 1,910,228.63 2.26 2.09 3133EPSU5 FEDERAL FARM CREDIT 4.125 03/20/2029 AA+ Aa1 2,000,000.00 1,985,860.00 2.43 2,024,734.66 2.39 3.38 Issuer total 9,200,000.00 9,176,274.88 11.21 9,269,332.55 10.96 2.11 Citibank NA
17325FBC1 CITIBANK NA 5.488% 5.488 12/04/2026 11/04/2026 A+ Aa3 1,400,000.00 1 ,420, 132.00 1.74 1,422,172.93 1.68 1.29 17325FBB3 CITIBANK NA 5.803% 5.803 09/29/2028 08/29/2028 A+ Aa3 1,000,000 .00 1,027,800.00 1.26 1,045,568.85 1.24 2.86 Issuer total 2,400,000.00 2,447,932 .00 2.99 2,467,741.78 2.92 1.95 Apple Inc
037833EB2 APPLE INC 0.7% 0.700 02/08/2026 01/08/2026 AA+ Aaa 1,200,000 .00 1,096,152.00 1.34 1,174,539.52 1.39 0.60 15 August 19, 2025, Item #3
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of June 30, 2025
N .....
g, Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares cost hist cost value mkt value dur (yrs) w Apple Inc
037833D83 APPLE INC 2.9% 2.900 09/12/2027 06/12/2027 AA+ Aaa 1,300,000.00 1,234,987.00 1.51 1,272,072.57 1.50 2.02 Issuer total 2,500,000.00 2,331,139.00 2.85 2,446,612.09 2.89 1.35 Colgate-Palmolive Co
194162AR4 COLGATE-PALMOLIVE CO 4.600 03/01/2028 02/01/2028 A+ Aa3 2,400,000.00 2,391,240.00 2.92 2,441,073.48 2.89 2.41 Issuer total 2,400,000.00 2,391,240.00 2.92 2,441,073.48 2.89 2.41 Cisco Systems Inc
17275RBQ4 CISCO SYSTEMS INC 4.8% 4.800 02/26/2027 01/26/2027 AA- A1 1,250,000.00 1,253,775.00 1.53 1,265,158.19 1.50 1.49 17275RBR2 CISCO SYSTEMS INC 4.850 02/26/2029 01/26/2029 AA· A1 1,000,000.00 999,390.00 1.22 1,024,774.56 1.21 3.23 Issuer total 2,250,000.00 2,253,165.00 2.75 2,289,932.75 2.71 2.26 Cash and Cash Equivalents
CASH 0.000 2,101,398.95 2,101,398.95 0.00 2,101,398.95 2.48 0.00 Issuer total 2,101,398.95 2,101 ,398. 95 0.00 2,101,398.95 2.48 0.00 American Honda Finance Corp
02665WEY3 AMERICAN HONDA 4.950 01/09/2026 A- A3 1,000,000.00 995,500.00 1.22 1,002,201.91 1.19 0.51 02665WBH3 AMERICAN HONDA 2.300 09/09/2026 A- A3 1,100,000.00 1,034,869.00 1.26 1,073,728.23 1.27 1.15 Issuer total 2,100,000.00 2,030,369.00 2.48 2,075,930.14 2.45 0.84 John Deere Capital Corp
24422ETC3 JOHN DEERE CAPITAL 3.400 09/11/2025 A A1 1,000,000.00 989,920.00 1.21 997,588.06 1.18 0.20 24422EWK1 JOHN DEERE CAPITAL 4.150 09/15/2027 A Al 1,000,000.00 992,020.00 1.21 1,002,085.51 1.18 2.06 Issuer total 2,000,000.00 1,981,940.00 2.42 1,999,673.57 2.36 1.13 16 August 19, 2025, Item #3
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of June 30, 2025
N
N
g, Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares w cost hist cost value mkt value dur (yrs) JPMorgan Chase & Co
46625HRY8 JPMORGAN CHASE & CO 3.782 02/01/2028 02/01/2027 A A1 2,000,000.00 1,909,600.00 2.33 1,982,623.12 2.34 1.50 Issuer total 2,000,000.00 1,909,600.00 2.33 1,982,623.12 2.34 1.50 US Bancorp
91159HHN3 US BANCORP 2.375% 2.375 07/22/2026 06/22/2026 A A3 1,000,000.00 944,140.00 1.15 981,876.03 1.16 1.01 91159HJF8 US BANCORP 4.548% 4.548 07/22/2028 07/22/2027 A A3 900,000.00 890,253.00 1.09 902,030.76 1.07 1.90 Issuer total 1,900,000.00 1,834,393.00 2.24 1,883,906.79 2.23 1.44 Bank of America Corp
06051 GFX2 BANK OF AMERICA CORP 3.500 04/19/2026 A- A1 1,800,000.00 1,736,028.00 2.12 1,787,538.10 2.11 0.78 Issuer total 1,800,000.00 1,736,028.00 2.12 1,787,538.10 2.11 0.78 Federal National Mortgage Association
3136G4K85 FANNIE MAE 0.5% 0.500 08/18/2025 AA+ Aa1 1,350,000.00 1,266,394.50 1.55 1,343,100.81 1.59 0.13 Issuer total 1,350,000.00 1,266,394.50 1.55 1,343,100 .81 1.59 0.13 Pfizer Inc
717081 ET6 PFIZER INC 3.45% 3.450 03/15/2029 12/15/2028 A A2 1,300,000.00 1,222,104.00 1.49 1,273,143.63 1.51 3.32 Issuer total 1,300,000 .00 1,222,104.00 1.49 1,273,143.63 1.51 3.32 Toyota Motor Credit Corp
89236TKQ7 TOYOTA MOTOR CREDIT 4.625 01/12/2028 A+ A1 1,100,000.00 1,091,585.00 1.33 1,113,306.14 1.32 2.32.
Issuer total 1,100,000.00 1,091,585.00 1.33 1,113,306.14 1.32 2.32 17 August 19, 2025, Item #3
GASB 40 - DEPOSIT AND INVESTMENT RISK DISCLOSURE
CITY OF POWAY
As of June 30, 2025
I\J
w
g, Cusip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective w date rating rating shares w cost hist cost value mktvalue dur (yrs) Federal Home Loan Mortgage Corp
3134A2HG6 FREDDIE MAC 0% 0.000 12/11/2025 AA+ Aa1 1,000,000.00 895,930.00 1.09 980,589.83 1.16 0.44 Issuer total 1,000,000.00 895,930 .00 1.09 980,589 .83 1.16 0.44 18 August 19, 2025, Item #3
SECURITIES SOLD AND MATURED
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
N .,:.
g, Cusip Description / Broker Trade date Coupon Maturity/ Par value or Historical cost Amortized cost Price Fair value at Realized Accrued w Settle date Call date shares at sale or sale or gain interest w maturity maturity (loss) sold Government Bonds
912828XZ8 USA TREASURY 2.75% 30JUN2025 06/30/2025 2.750 (1,500,000.00) 1,445,449.22 1,500,000.00 0.00 1,500,000.00 0.00 0.00 06/30/2025
-- -- - ----
-------
Total (Government Bonds) (1,500,000.00) 1,445,449.22 1 ,500,000.00 1,500,000 .00 0.00 0.00 -""1 11':'ffl1.11: ...
19 August 19, 2025, Item #3
DETAIL OF RETURN AND INTEREST RECEIVED
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
N u,
g, Cusip Description Accretion Realized gain Change in fair Interest earned Interest received w {amortization) {loss) value w
--
Cash
Cash and Cash Equivalents 0.00 0.00 0.00 605.56 605.56
- -- - ·- -· - --- -- - - ·-- --- -
Total Cash 0.00 0.00 0.00 605.56 605.56
Corporate Bonds
02665WBH3 AMERICAN HONDA FINANCE 2.3% 09SEP2026 1,561.18 0.00 4,757.16 2,038.05 0.00 02665WEY3 AMERICAN HONDA FINANCE 4. 95% 09JAN2026 274.58 0.00 511 .85 3,987.50 0.00 037833EB2 APPLE INC 0.7% 08FEB2026 (CALLABLE 08JAN26) 3,099.98 0.00 3,759.27 676.66 0.00 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 1,123.38 0.00 3,757.87 3,036.94 0.00 06051GFX2 BANK OF AMERICA CORP 3.5% 19APR2026 1,819.63 0.00 4,380.34 5,075.00 0.00 17275RBQ4 CISCO SYSTEMS INC 4.8% 26FEB2027 (CALLABLE 26JAN27) (77.58) 0.00 2,774.24 4,833.34 0.00 17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 26JAN29) 7.52 0.00 4,901.17 3,906.95 0.00 17325FBC1 CITIBANK NA 5.488% 04DEC2026 (CALLABLE 04NOV26) (624.67) 0.00 2,029.72 6,189.25 38,416.00 17325FBB3 CITIBANK NA 5.803% 29SEP2028 (CALLABLE 29AUG28) (442.77) 0.00 4,867.67 4,674.63 0.00 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01 MAR2028 (CALLABLE 01 FEB28) 0.00 0.00 3,785.90 8,893.33 0.00 24422ETC3 JOHN DEERE CAPITAL CORP 3.4% 11 SEP2025 282.74 0.00 777.38 2,738.88 0.00 24422EWK1 JOHN DEERE CAPITAL CORP 4.15% 15SEP2027 136.83 0.00 4,071.87 3,343.06 0.00 46625HRY8 JPMORGAN CHASE & CO 3.782% 01 FEB2028 (CALLABLE 01 FEB27) 1,731.64 0.00 9,230.64 6,093.23 0.00 717081ET6 PFIZER INC 3.45% 15MAR2029 (CALLABLE 15DEC28) 1,210.84 0.00 9,054.89 3,612.92 0.00 89236TKQ7 TOYOTA MOTOR CREDIT CORP 4.625% 12JAN2028 156.04 0.00 5,168.43 4,098.27 0.00 91159HHN3 US BANCORP 2.375% 22JUL2026 (CALLABLE 22JUN26) 1,842.09 0.00 2,013.99 1,913.19 0.00 20 August 19, 2025, Item #3
DETAIL OF RETURN AND INTEREST RECEIVED
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
N O'I
g, Cusip Description Accretion Realized gain Change in fair Interest earned Interest received w w
(amortization) (loss) value
Corporate Bonds
91159HJF8 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 191.21 0.00 2,814.53 3,297.30 0.00 -- ---·
.---·-----------~- --. -~-------
- - ·- -
Total Corporate Bonds 12,292.64 0.00 68,656.92 68,408.50 38,416.00 Government Agencies
3136G4K85 FANNIE MAE 0.5% 18AUG2025 CALLABLE #0000 4,703.46 0.00 4,262.18 543.75 0.00 3133EN5N6 FEDERAL FARM CREDIT BANK 4% 06JAN2028 (60.32) 0.00 2,672.38 3,544.45 0.00 3133EPCG8 FEDERAL FARM CREDIT BANK 4.125% 01 DEC2027 144.32 0.00 2,345.36 3,322.92 20,625.00 3133EP5U5 FEDERAL FARM CREDIT BANK 4.125% 20MAR2029 212.26 0.00 21,956.94 6,645.84 0.00 3133EPK79 FEDERAL FARM CREDIT BANK 4.375% 07DEC2026 70.51 0.00 (224.91) 4,229.17 26,250.00 3133ER5D9 FEDERAL FARM CREDIT BANK 4.49% 05MAR2029 (CALLABLE 05MAR27) (503.98) 0.00 (219.30) 6,872.20 0.00 3133EPUW3 FEDERAL FARM CREDIT BANK 4.75% 015EP2026 377.71 0.00 (1,736.42) 7,652.78 0.00 3130ALHHO FEDERAL HOME LOAN BANK 0. 96% 05MAR2026 (CALLABLE 05AUG25) 6,229.20 0.00 7,754.82 1,778.66 0.00 3130AQF65 FEDERAL HOME LOAN BANK 1.25% 21 DEC2026 4,949.04 0.00 7,088.19 2,315.97 14,375.00 3130APJH9 FEDERAL HOME LOAN BANK 1.75% 280CT2026 (CALLABLE 28JUL25) #0006 4,119.17 0.00 9,569.01 2,889.93 0.00 3130AEB25 FEDERAL HOME LOAN BANK 3.25% 09JUN2028 2,414.93 0.00 12,458.59 7,068.75 43,875.00 3130ATHWO FEDERAL HOME LOAN BANK 4.125% 1 OSEP2027 55.31 0.00 3,876.32 6,645.83 0.00 3130ATUS4 FEDERAL HOME LOAN BANK 4.25% 1 ODEC2027 (202.26) 0.00 5,093.70 6,847.22 42,500.00 3130ATUT2 FEDERAL HOME LOAN BANK 4.5% 14DEC2029 (172.25) 0.00 8,744.40 4,350.00 27,000.00 3130AWLZ1 FEDERAL HOME LOAN BANK 4.75% 12JUN2026 98.69 0.00 331.07 4,209.03 26,125.00 3134A2HG6 FREDDIE MAC 0% 11 DEC2025 3,655.80 0.00 2,807.56 0.00 0.00 -- ----- -- - -- ·- ------- ~~- ~ ~
Total Government Agencies 26,091.59 0.00 86,779.89 68,916.50 200,750.00 21 August 19, 2025, Item #3
DETAIL OF RETURN AND INTEREST RECEIVED
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
N
-.J
g, Cusip Description Accretion Realized gain Change in fair Interest earned Interest received w (amortization) (loss) value w
Government Bonds
91282CAJO USA TREASURY 0.25% 31 AUG2025 3,226.42 0.00 3,951.16 285.33 0.00 91282CAT8 USA TREASURY 0.25% 31 OCT2025 3,036.00 0.00 3,902.34 244.56 0.00 91282CBC4 USA TREASURY 0.375% 31 DEC2025 4,879.27 0.00 7,299.81 714.78 4,312.50 91282CBT7 USA TREASURY 0. 75% 31 MAR2026 3,798.76 0.00 4,314.84 860.66 0.00 91282CCH2 USA TREASURY 1.25% 30JUN2028 3,726.76 0.00 10,890.62 1,761.05 10,625.00 91282CDQ1 USA TREASURY 1.25% 31 DEC2026 5,325.60 0.00 9,822.27 2,434.39 14,687.50 912828YU8 USA TREASURY 1.625% 30NOV2026 3,577.52 0.00 6,000.00 2,131.15 13,000.00 9128283F5 USA TREASURY 2.25% 15NOV2027 1,138.58 0.00 5,414.07 2,017.66 0.00 91282CEF4 USA TREASURY 2.S% 31 MAR2027 1,760.25 0.00 3,710.93 2,049.18 0.00 91282CET4 USA TREASURY 2.625% 31 MAY2027 2,368.48 0.00 7,890.64 4,303.28 26,250.00 912828XZ8 USA TREASURY 2.75% 30JUN2025 2,402.65 0.00 1,953.12 3,418.51 20,625.00 91282CFB2 USA TREASURY 2.75% 31JUL2027 2,811.51 0.00 7,312.50 4,102.21 0.00 9128285N6 USA TREASURY 2.875% 30NOV2025 2,554.92 0.00 2,168.17 4,006.15 24,437.50 91282CEY3 USA TREASURY 3% 15JUL2025 452.36 0.00 458.07 994.47 0.00 9128285MB USA TREASURY 3.125% 15NOV2028 2,334.96 0.00 13,148.43 5,604.62 0.00 91282CFJ5 USA TREASURY 3.125% 31 AUG2029 387.60 0.00 8,765.63 3,057.07 0.00 91282CEW7 USA TREASURY 3.25% 30JUN2027 905.06 0.00 2,659.37 1,993.09 12,025.00 91282CHE4 USA TREASURY 3.625% 31 MAY2028 410.09 0.00 10,007.80 6,239.75 38,062.50 91282CFT3 USA TREASURY 4% 31 OCT2029 (295.93) 0.00 11 ,562.50 5,217.40 0.00 91282CFUO USA TREASURY 4.125% 31 OCT2027 386.20 0.00 7,792.95 7,061.82 0.00 22 August 19, 2025, Item #3
DETAIL OF RETURN AND INTEREST RECEIVED
"' 00
For the period June 1, 2025 - June 30, 2025
o cusip ..... Description
w w
Government Bonds
91282CKX8
91282CMG3
91282CKS9
USA TREASURY 4.25% 30JUN2029
USA TREASURY 4.25% 31 JAN2030
USA TREASURY 4.875% 31 MAY2026
Total Government Bonds
Accretion
(amortization)
(64.09)
(515.59)
(639.58)
43,967.80
Realized gain
(loss)
0.00 0.00
0.00 0.00
Change in fair
value
7,828.13
11 ,812.50
426.57
149,092.42
CITY OF POWAY
Interest earned Interest received
4,226.52
5,635.36
5,594.26
73,953.27
25,500.00
0.00 34,125.00
223,650 .00
Grand total · • 82,352 .03 0.00 304,529.23 211,883.83 463,421.56 23 August 19, 2025, Item #3
TRANSACTION REPORT
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
N ID
g_ Trade date Cusip Transaction Sec type Description Maturity Par value or Realized Principal Interest Transaction total w Settle date shares gain(loss) w
05/31/2025 9128285N6 Income Government Bonds USA TREASURY 2.875% 11/30/2025 1,700,000.00 0.00 0.00 24,437.50 24,437.50 05/31/2025
05/31/2025 912828YU8 Income Government Bonds USA TREASURY 1.625% 11/30/2026 1,600,000.00 0.00 0.00 13,000.00 13,000.00 05/31/2025
05/31/2025 91282CET4 Income Government Bonds USA TREASURY 2.625% 05/31/2027 2,000,000 .00 0.00 0.00 26,250.00 26,250.00 05/31/2025
05/31/2025 91282CHE4 Income Government Bonds USA TREASURY 3.625% 05/31/2028 2,100,000.00 0.00 0.00 38,062.50 38,062.50 05/31/2025
05/31/2025 91282CK59 Income Government Bonds USA TREASURY 4.875% 05/31/2026 1,400,000.00 0.00 0.00 34,125.00 34,125.00 05/31/2025
06/01/2025 3133EPCG8 Income Government Agencies FEDERAL FARM CREDIT BANK 12/01/2027 1,000,000.00 0.00 0.00 20,625.00 20,625.00 06/01/2025
06/04/2025 17325FBC1 Income Corporate Bonds CITIBANK NA 5.488% 12/04/2026 1,400,000.00 0.00 0.00 38,416.00 38,416.00 06/04/2025
06/07/2025 3133EPK79 Income Government Agencies FEDERAL FARM CREDIT BANK 12/07/2026 1,200,000.00 0.00 0.00 26,250.00 26,250.00 06/07/2025
06/09/2025 3130AEB25 Income Government Agencies FEDERAL HOME LOAN BANK 06/09/2028 2,700,000 .00 0.00 0.00 43,875.00 43,875.00 06/09/2025
06/10/2025 3130ATUS4 Income Government Agencies FEDERAL HOME LOAN BANK 12/10/2027 2,000,000.00 0.00 0.00 42,500.00 42,500 .00 06/10/2025
06/12/2025 3130AWLZ1 Income Government Agencies FEDERAL HOME LOAN BANK 06/12/2026 1,100,000 .00 0.00 0.00 26,125.00 26,125.00 06/12/2025
06/14/2025 3130ATUT2 Income Government Agencies FEDERAL HOME LOAN BANK 12/14/2029 1,200,000.00 0.00 0.00 27,000 .00 27,000.00 06/14/2025
06/21/2025 3130AQF65 Income Government Agencies
FEDERAL HOME LOAN BANK 12/21/2026 2,300 ,000.00 0.00 0.00 14,375.00 14,375.00 06/21/2025
06/30/2025 912828XZ8 Income Government Bonds USA TREASURY 2.75% 06/30/2025 1,500,000.00 0.00 0.00 20,625 .00 20,625.00 06/30/2025
06/30/2025 912828XZ8 Capital Change Government Bonds USA TREASURY 2.75% 06/30/2025 (1,500,000.00) 0.00 1,500,000.00 0.00 1,500,000.00 06/30/2025
06/30/2025 91282CBC4 Income Government Bonds USA TREASURY 0.375% 12/31/2025 2,300,000.00 0.00 0.00 4,312.50 4,312 .50 06/30/2025
06/30/2025 91282CCH2 Income Government Bonds USA TREASURY 1.25% 06/30/2028 1,700,000.00 0.00 0.00 10,625.00 10,625.00 06/30/2025
24 August 19, 2025, Item #3
TRANSACTION REPORT
CITY OF POWAY
For the period June 1, 2025 - June 30, 2025
w
0 2, Trade date Cusip Transaction Sec type Description Maturity Par value or Realized Principal Interest Transaction total w Settle date shares gain(loss) w
06/30/2025 91282CDQ1 Income Government Bonds USA TREASURY 1.25% 12/31/2026 2,350,000.00 0.00 0.00 14,687.50 14,687.50 06/30/2025
06/30/2025 91282CEW7 Income Government Bonds USA TREASURY 3.25% 06/30/2027 740,000.00 0.00 0.00 12,025.00 12,025.00 06/30/2025
06/30/2025 91282CKX8 Income Government Bonds USA TREASURY 4.25% 06/30/2029 1,200,000 .00 0.00 0.00 25,500.00 25,500.00 06/30/2025
06/30/2025 Income
Cash and Cash Equivalents Cash 0.00 0.00 0.00 605.56 605.56 25 August 19, 2025, Item #3
ADDITIONAL INFORMATION
As of June 30, 2025
CITY OF POWAY
w ..,. Past performance is not indicative offuture results. Investment in any strategy involves a risk of loss which may partly be due to exchange rate fluctuations. 0 :; The performance results shown, whether net or gross of investment management fees, reflect the reinvestment of dividends and/or income and other earnings. Any gross of fees performance does not include fees and w charges and these can have a material detrimental effect on the performance of an investment. The performance shown is for the stated time period(s) only.
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Information about the indices shown here is provided to allow for comparison of the performance of the strategy to that of certain well-known and widely recognized indices. There is no representation that such index is an appropriate benchmark for such comparison . You cannot invest directly in an index and the indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility of the indices may be materially different from that of the strategy. In addition, the strategy's holdings may differ substantially from the securities that comprise the indices shown .
The ICE BofA 3 Month UST-Bill index is an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income.
The ICE BofA 6 Month US T·Bill index measures the performance ofTreasury bills with time to maturity of less than 6 months. 26 August 19, 2025, Item #3
w
N
ADDITIONAL INFORMATION
As of June 30, 2025
CITY OF POWAY
o The ICE BofA 1-Year US Treasury Index is a one-security index comprised of the most recently issued 1-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 1-year note must be auctioned : on or before the third business day before the last business day of the month. w
The ICE BofA 3-Year US Treasury Index is a one-security index comprised of the most recently issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month.
The ICE BofA 5-Year US Treasury Index is a one-security index comprised of the most recently issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month.
The ICE BofA 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years.
The ICE BofA 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than five years. © 2025 Insight Investment. All rights reserved.
27 August 19, 2025, Item #3
City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash W I I June 2025 w
0 ..,,
e:J I Investments & Cash with Fiscal Agents
Part I
Settlement Yield to Days to % of Total Face
I'
Book Market
I
Unrealized I
INVESTMENT DESCRIPTION Date Maturity Maturity Investment Value Value ! Value Gain(Loss) 1st Am Gov't Obligations Money Mkt Fd 06130125 I Various! 1 I 100.00%1 $576,119.18 1 $576,119.18 so.oo I I I -
I
] ~-
I
~
--p-- ----- - -- -1
] --ii I' -
• • r
·1
Average/Total I Var,iousj 1 I 100.00%1 $576,119.18 I $576,119.18 1 so.oo I - -Paying Agent or Uninvested Cash &. DITs $0.00
-------
Total Investments and Cash with Fiscal Agent $576,119.18
I I ----
l> -I -I Part II l> n Non-Mana ed Investments :::c
I' I
s: Settlement Yield to Days to % of Total Face Book I Market Unrealized m INVESTMENT DESCRIPTION Date Maturity Maturity Investment Value Value I Value Gain(Loss) z -I County Pool 06/30/25 1 3.75%1 1 I 100.00%1 s13,781.41 1 sn,7a1.41 1 s13,756.oo 1 ($25.41 )I C I
.~
I I I I
Average/Total I 3.75%1 N/A I 100.00%1 s13,7a1.41 1 s13,7a1.41 I s13,756.oo 1 ($25.41 )I - -
Part Ill
General, Payroll & Petty Cash
Book
Value
General Cash (Union Bank) $539,964.19
_. _____
Payroll Cash (Union Bank) $20,000.00
--- - I Emergency Cash (Union Bank) $10,000.00
-- -~ -- -- -------
I Grant Cash (Union Bank) $0.00
Flexible Benefits Cash (Union Bank) I $30,000.00
-- -- -
Petty Cash $8,600.00
Total Cash I $608,564.19
August 19, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August 19, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Cassie Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
CITY COUNCIL
Award of Contract to Econolite Systems, Inc., for the Traffic Signal Video Detection Upgrades Project, Bid No. 26-001, and Determination the Project is Categorically Exempt from the California Environmental Quality Act
This action will award a construction contract to Econolite Systems, Inc. for the Traffic Signal Video Detection Upgrades project. This project involves the installation of new traffic signal cabinet equipment, battery back-up cabinets, pull boxes and new detection at the Twin Peaks Road/Community Road and Pomerado Road/Meadowbrook Lane intersections.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the Traffic Signal Video Detection Upgrades project to Econolite Systems, Inc., in the amount of $170,503.55 and authorize the City Manager to execute the contract {Attachment A); and
2) Make a determination the Project is Categorically Exempt from the California Environmental Quality Act {CEQA).
Discussion:
The Traffic Signal Video Detection Upgrades project includes important improvements at the Twin Peaks Road/Community Road and Pomerado Road/Meadowbrook Lane intersections. These intersections were part of an assessment project for which the existing conditions and improvements of the intersections were explored. The assessment included the feasibility of the proposed improvements, constraints and opportunities, as well as an Americans with Disabilities Act {ADA) evaluation of all the study intersections, pedestrian circulation and accessibility. As a result, the Traffic Signal Video Detection Upgrades project includes the removal and/or replacement of outdated battery back-up systems, video detection systems, emergency vehicle preemption systems, vehicle detection loops, service meters, pull boxes, cabinets, conduit and conductors.
Bids were opened on July 16, 2025. A total of seven bids were received for the construction contract, 1 of 11
August 19, 2025, Item #4
ranging as follows:
Company Total Bid Amount
Econolite Systems, Inc. $170,503.55
Lekas Electric, Inc. $175,505.00
DBX, lnx. $188,400.00
Yunex LLC $189,895.00
Bear Electrical Solutions, Inc $191,550.00
T + M Electric Inc $207,900.00
HMS Construction, Inc. $210,000.00
The apparent low bid of $170,503.55, submitted by Econolite Systems, Inc. is responsive to, and meets the requirements of, the bid specifications . The contract time for this project is 60 working days with an engineer's estimate of $187,150.00.
Environmental Review:
The proposed project is Categorically Exempt from CEQA as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves minor alterations to existing public facilities .
Fiscal Impact:
The City proactively planned for the traffic signal video detection upgrades projects as part of the annual budget process. Sufficient funds are available in the project account (ST012) for the award of this contract with funds appropriated from Transnet 70% (Fund 2230) and Assessment District Lighting (Fund 2790). Transnet funds represent a portion of Poway's share of the voter approved regional½ cent sales tax measure implemented by the San Diego Association of Governments.
Public Notification:
None.
Attachments:
A. Construction Contract
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
2 of 11
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
August 19, 2025, Item #4
SECTION 8
CONSTRUCTION CONTRACT
CITY OF POWAY
TRAFFIC SIGNAL VIDEO DETECTION UPGRADES
This Contract made and entered into this 19th day of August, 2025, by and between City of Poway, a municipal corporation of the State of California, hereinafter referred to as "City" and Econolite Systems, Inc., hereinafter referred to as "Contractor." The City and the Contractor, for the consideration hereinafter named, mutually agree as follows:
1. The complete Contract includes all of the Contract Documents, which are incorporated herein by this reference, and include:
a. This Contract
b. Contract Addenda
c. Contract Change Orders
d. Instructions to Bidders, Proposal Requirements and Conditions e. Contract Specifications
f. Contract Plans
g. General Condition
h. Special Conditions
i. Standard Specification for Public Works, most current edition
2. The Contract Documents are complementary, and that which is required by one shall be as binding as if required by all.
3. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following work of improvement: This project involves the installation of new traffic signal cabinet equipment, battery back-up side mounted cabinet, pull boxes, and new detection at Twin Peaks Road/Community Road and Pomerado Road/Meadowbrook Lane intersections.
4. Contractor agrees to perform all the said work and furnish all the said materials at their own cost and expense that are necessary to construct and complete in strict conformance with Contract Documents and to the satisfaction of the City Engineer, the work hereinafter set forth in accordance with the Contract adopted by the City Council.
3 of 11
1 ATTACHMENT A
August 19, 2025, Item #4
5. City agrees to pay and Contractor agrees to accept in full payment for performance of this work of improvement as described, the stipulated sum of $170,503.55 the "Contract Price."
City agrees to make progress payments and final payment in accordance with the method set forth in the Special Provisions .
6. Contractor agrees to commence construction of the work provided for herein within Fifteen ( 15) Calendar Days after the date specified in the Notice to Proceed, and to continue diligently in strict conformance with Contract Documents and without interruption, and to complete the construction thereof within 60 Working Days after the date specified in the Notice to Proceed.
7. Time is of the essence of this Contract, and it is agreed that it would be impracticable or extremely difficult to ascertain the extent of actual loss or damage which the City will sustain by reason of any delay in the performance of this Contract. It is, therefore, agreed that Contractor will pay as liquidated damages to the City the following sum of $500.00 per Calendar Day, for each and every Calendar Days delay in finishing the Work in excess of the number of Working Days prescribed above. If liquidated damages are not paid, as assessed by the City, the City may deduct the amount thereof from any money due or that may become due the Contractor under this Contract in addition to any other remedy available to City.
By executing this Contract, Contractor agrees that the amount of liquidated damages is reasonable and shall not constitute a penalty.
8. In accordance with State of California Senate Bill No. 854, Contractor will maintain and will require all subcontractors to maintain valid and current Department of Industrial Relations (DIR) Public Works Contractor registration during the term of this project. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor's or any of its Subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed.
9. Contractor will pay, and will require all subcontractors to pay, all employees on said Contract a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file in the office of the City Clerk of the City of Poway. Federal prevailing wage rates apply for federally funded projects.
Travel and subsistence pay shall be paid in accordance with Labor Code§ 1773.1.
10. Contractor shall be subject to the penalties in accordance with Labor Code of § 1775 for each worker paid (either by Contractor or by any subcontractors under Contractor) less than the prevailing rate described above on the work provided for in this Contract.
11. Contractor and subcontractors shall comply with Labor Code§ 1810 and§ 1811 which stipulates that eight hours labor constitutes a legal day's work, and§ 1812 which stipulates that the Contractor and subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each 2 4 of 11
August 19, 2025, Item #4
calendar week by each worker employed by them in connection with the work performed under the terms of the Contract. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code§ 1813.
12. Contractor will comply with the provisions of Labor Code§ 1777.5 pertaining to the employment of apprentices to the extent applicable to this Contract.
13. Contractor, by executing this Contract, hereby certifies:
"I am aware of and will comply with the Labor Code § 3700 by securing payment for and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of the Contract. The City, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph."
Contractor further agrees to require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California.
14. Contractor shall, concurrent with the execution of this Contract, furnish two bonds approved by the City, one in the amount of One Hundred Percent (100%) of the Contract Price, to guarantee the faithful performance of the work ("Performance Bond"), and one in the amount of One Hundred Percent (100%) of the Contract Price to guarantee payment of all claims for labor and materials furnished ("Payment Bond"). This Contract shall not become effective until such bonds are supplied to and approved by the City.
15. a. Contractor shall procure and maintain at its own expense, until completion of 5 of 11
performance, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors.
Contractor shall provide insurance on an occurrence, not claims-made basis.
Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an "offense" while bodily injury and property damage coverage shall be triggered by an "occurrence" during the policy period.
b. Contractor shall further procure and maintain at its own expense, until completion of performance, commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, 3 August 19, 2025, Item #4
6 of 11
servants, volunteers and agents and independent contractors in performing the services required by this Agreement.
c. Contractor shall further procure and maintain at its expense, until completion of performance, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Contractor has no employees performing work under this Agreement. Contractor agrees to waive its statutory immunity under any worker's compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved with the Project to do the same.
Worker's Compensation Insurance:
o Contractor has no employees and is exempt from workers' compensation requirements.
o Contractor carries workers' compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an "A" policyholder's rating or better and a financial rating of at least Class VII, in accordance with the current Best's Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and, except for worker's compensation coverage , name as additional insureds the parties to this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City's review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City, and/or its officers, employees, servants, 4 August 19, 2025, Item #4
volunteers, agents and independent contractors, that result from such failure by Contractor .
16. a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the commercial general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and its officers, employees, servants, volunteers, agents and independent contractors.
d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled in coverage or limits (except by paid claims) unless the insurer has provided the City with 30 days prior written notice of cancellation. Contractor agrees to provide the City with 30 days written notice prior to any non-renewal or reduction in coverage or limits.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and its officers, employees, servants, volunteers, agents and independent contractors.
17. a. Contractor shall defend, indemnify and hold harmless the City, its officers, 7 of 11
officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith) to the extent actually caused by the negligence of Contractor, Contractor's employees, subcontractors or independent contractors except for any such claim arising out of the negligence or willful misconduct of the City, or its officers, agents, employees or volunteers. b. The City does not, and shall not, waive any rights that it may have against Contractor under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are 5 August 19, 2025, Item #4
determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
18. Any amendments to any of the Contract Documents, including but not limited to Contract Change Orders, must be in writing executed by the Contractor and the City. Any time an approval, time extension, or consent of the City is required under the Contract Documents, such approval, extension, or consent must be in writing in order to be effective.
19. The Contract Documents contain all of the agreements and understandings of the parties and all previous understandings, negotiations, and contracts are integrated into and superseded by this Contract.
20. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Contract shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Contract which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 21 . The persons executing this Contract on behalf of the parties hereto warrant that they are duly authorized to execute this Contract on behalf of said parties and that, by so executing this Contract, the parties hereto are formally bound to the provisions of this Contract.
22. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.
23. In performing its obligations and duties under this Contract, each party shall comply with all applicable local, state, and federal laws, regulations, rules, standards and ordinances.
24. This Contract may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
25. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager an affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provision of the laws of the State of California.
26. All work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers.
Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such 6 8 of 11
August 19, 2025, Item #4
manner as to not unduly delay the work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the work.
27. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
28. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
29. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
30. a. Contractor shall, without disturbing the condition, notify City, in writing, as 9 of 11
soon as Contractor, or any of Contractor's subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
i. The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
ii. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
iii. Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
b. Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines 'that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, then City shall issue a change order.
d. In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
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31. This Contract is to be governed by the laws of the State of California.
32. All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. Contractor shall promptly make all needed repairs arising out of defective materials, workmanship, and equipment.
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City is hereby authorized to make such repairs if within ten (10) days after giving written notice to Contractor, or its agent, Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of City, delay would cause serious loss or damage, repairs may be made without notice being sent to Contractor, and Contractor shall pay the costs thereof.
(Remainder of page intentionally left blank)
8 August 19, 2025, Item #4
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
Econolite Systems, Inc
Print Name of Construction Company
By: ------------
Signature
Christopher Flores
Print Name
Contractor information:
Address for Notices and Payments
1250 N Tustin Ave
Anaheim, CA 92807
Telephone Number: 714-575-5619
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
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CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9 August 19, 2025, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August19,2025
Honorable Mayor and Members of the City co; il
Eric Heidemann, Director of Public Works f,,
Danielle McIntosh, Senior Management Anal~
(858) 668-4729 or dmcintosh@poway .org JCY
1 -
CITY COUNCIL
Award of Agreement to Dudek for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (Phase 2 of FEMA DR-4382-199-12), RFP No. 26-002
A Request for Proposal (RFP) for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (HMGP), Phase 2 of Federal Emergency Management Agency (FEMA) DR-4382-199-12, was duly advertised on June 26 and July 10, 2025. One (1) proposal was initially received and opened on July 10, 2025. Due to the limited response, and in consultation with the California Governor's Office of Emergency Services (Cal OES), which administers the grant on behalf of FEMA, staff extended the proposal deadline to July 21 , 2025, to encourage additional participation. One (1) additional proposal was received. Staff reviewed the proposals received and determined Dudek to be responsive and qualified to provide these services. The term of the Agreement will be two (2) years, from August 20, 2025, through August 19, 2027.
Recommended Action:
It is recommended the City Council award the Agreement to Dudek for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program (Phase 2 of FEMA DR- 4382-199-12), RFP No. 26-002, and authorize the City Manager to execute the necessary documents.
Discussion:
In February 2025, FEMA approved Phase 2 of DR-4382-199-12 under the HMGP to mitigate fire hazards, protect structures, and reduce fuel loads making emergency evacuation routes safer for residents in the event of a wildfire. The project involves the strategic removal of hazardous trees along approximately 4.6 miles of rights-of-way, including a four-lane corridor along Twin Peaks Road, a major arterial roadway along Espola Road, and a 20.88-acre open space area in the Green Valley area. 1 of24
August 19, 2025, Item #5
This project is funded by FEMA and administered by Cal OES through Presidential Disaster Declaration DR-4382. As a condition of the grant, the City is required to secure biological consulting services to ensure environmental compliance throughout the project's implementation. Biological fieldwork is required prior to the start of project activities to ensure adherence to regulatory conditions set forth by various federal, state, and local permitting agencies. These requirements are designed to protect water quality, sensitive habitats, and species that may be impacted by the project.
Dudek will provide as-needed services, including: environmental review of regulatory agency permits, environmental field surveys (e.g., nesting bird surveys}, implementation of mitigation measures, preparation of reports and findings, and fulfillment of other biological compliance requirements.
Dudek specializes in resource analysis, environmental survey and reporting, permitting, construction support, and coordination services, with extensive experience in biological resources and water quality protection.
A RFP for As-Needed Environmental and Biological Monitoring Services for the Hazardous Tree Mitigation Grant Program was advertised on June 26 and July 3, 2025. One (1) proposal was received by the initial deadline of July 10, 2025. After consulting with Cal OES, the City extended the submission deadline to July 21, 2025, to encourage broader participation. One (1) additional proposal was received by the extended deadline, resulting in a total of two (2) proposals. Staff reviewed the proposals received. Based on the evaluation criteria, including the firms' experience, capacity to perform, and proposed costs, staff determined Dudek to be qualified to provide as-needed environmental and biological monitoring services for the City's Hazardous Tree Mitigation Grant Program. The term of the Agreement will be two (2) years, from August 20, 2025, through August 19, 2027.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
On August 5, 2025, the City Council approved a transfer from the General Fund to the Hazardous Mitigation Program project account MS009 for Phase 2 of FEMA DR-4382-199-12. Sufficient funds are available in account MS009 to cover the cost of as-needed environmental and biological monitoring services, in an amount not to exceed $220,000.
These costs will be initially funded through MS009 and will be reimbursed by FEMA. Once reimbursement is received, the funds will be returned to the General Fund.
Public Notification:
None.
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August 19, 2025, Item #5
Attachments:
A. Standard Agreement
Reviewed/ Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
A~
Chris ¥ze
City Manager
August 19, 2025, Item #5
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 20th day of August 2025 , by and between the CITY OF POWAY (hereinafter referred to as "City") and Dudek (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services for Environmental and Biological Monitoring Services for Hazardous Tree Mitigation Grant Program around the City; WHEREAS, Consultant has represented that Consultant possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4of24 ATTACHMENT A
August 19, 2025, Item #5
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 agreement without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
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.
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August 19, 2025, Item #5
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as Consultant or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract.
6. Grant City approval to a plan, design, report, study, or similar item;
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.
August 19, 2025, Item #5
DISCLOSURE DETERMINATION:
~ 1. Consultant will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
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.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Consultant.
At all times during the term of this Agreement, Consultant shall be an independent consultant and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
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August 19, 2025, Item #5
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts.
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August 19, 2025, Item #5
(e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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August 19, 2025, Item #5
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate Consultant and any and all employees of Consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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August 19, 2025, Item #5
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Consultant to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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August 19, 2025, Item #5
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By:-----------
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
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Dudek
By:------------
Brock Ortega, Project Manager and
Principal Biologist
August 19, 2025, Item #5
"SPECIAL PROVISIONS"
EXHIBIT "A"
Consultant agrees to perform consulting services as required by City. Consultant shall provide the necessary qualified personnel to perform the services described below.
1. Duties of Consultant.
During the term of this Agreement, the selected Consultant shall perform all work as described below:
a. Ensure that all employees are properly trained prior to start of Contract and each year thereafter, at such time as new hazards are introduced on the job, or when new employees are added to the roster.
b. Conform to all applicable Cal-OSHA, DOT, California Air Resource Board, and EPA regulations, including Cal-OSHA's Hazard Communications Standard.
c. Conform to all other applicable Federal, State, and Local regulations. d. Adhere to the Projects Spill Prevention and Pollution Control Plan to reduce potential impacts on water resources from project activities and address emergency clean up of any hazardous material. The Project's Spill Prevention and Pollution Control Plan will be onsite.
e. Prepare and provide a Worker Environment Awareness Program (WEAP).
This training must occur prior to the start of the Contract and within three (3) days of the arrival of any new project personnel each year thereafter.
The purpose of the training is to familiarize all project staff with any federally listed species that may be present onsite, their habitats, relevant protections under the Endangered Species Act, and the specific measures in place to protect these species and maintain project boundaries.
f. Comply with all City of Poway procedures and relevant local, state, and federal regulations
Consultant shall be properly equipped with all machinery, equipment, tools and supplies necessary to complete the work. Equipment shall be mobile and consistent with the current standards in the industry, clean, modern, and maintained in good mechanical, proper working condition at all times. Consultant shall, at all times, arrive on the job site fully equipped to perform the work unless there are extenuating circumstances and there is a need for specialized machinery, equipment, tools and/or supplies.
2. Project Timeline.
Environmental and biological surveying 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 13 of 24
August 19, 2025, Item #5
governed by Chapter 8.08 of the Poway Municipal Code.
3. General Requirements:
Contractor shall:
a. Provide on-call assistance related to regulatory compliance involving the Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, including work related to Nationwide Permits (NWP), Regional General Permits (RGP), and Poway's Habitat Conservation Plan (HCP). Provide biological and cultural resources support for open space maintenance, work within the Wildland Urban Interface (WUI), and urban forestry lands within the project area. b. Conduct biological surveys and flagging sensitive biological resources prior to the start of work at the City's request, to inform project planning, compliance, and impact avoidance strategies.
c. Prepare environmental documents consistent with CEQA, NEPA, and other applicable local, state, and federal requirements.
d. Sufficiently understand the environmental regulatory policies and documentation standards.
e. Initiate any stop work activities that could result in potential adverse effects on federally listed species or their habitats.
f. Monitor project activities to avoid direct or indirect impacts to sensitive avian species.
g. Monitor mechanical or hand-clearing within 200 feet of wetlands or waterbodies.
h. Ensure erosion, sedimentation and turbidity are minimized. i. Monitor dust, runoff and spills.
j. Submit qualifications to U.S. Fish and Wildlife (USFWS) prior to project initiation.
Additional Services may include:
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a. Attendance at public scoping/resource agency meetings. b. Coordination to secure encroachment and construction permits. c. Synthesis of technical environmental/engineering data. d. Vegetation mapping and technical writing.
e. Development of alternatives analyses and summary reports f. Preparation and monitoring of mitigation plans.
g. Formulation of defensible findings and impact minimization measures. h. Recommendations for project compliance with all applicable regulations.
August 19, 2025, Item #5
4. Pre-Maintenance Nesting Bird Clearance Surveys.
The biological consultant will be responsible for conducting pre maintenance nesting bird surveys, upon request, prior to any tree removal work conducted during the migratory bird nesting season. Following each survey, the consultant will submit a letter report to the City outlining any necessary work limitations required to protect active nests and comply with applicable wildlife laws.
5. Nesting Season.
If work is scheduled during the nesting season, a minimum of three focused biological surveys must be conducted on separate days to assess the presence of nest building activity, egg incubation, or brood-rearing within a 500-foot radius of any vegetation clearing. These surveys must begin no more than seven days prior to the start of construction, with the final survey occurring on the day immediately before work begins.
In addition, weekly surveys must be conducted throughout the duration of vegetation clearing activities during the nesting season. If nesting is detected, consultant shall immediately halt work within that buffer zone. Confirm work does not continue near the nest until further consultation with FEMA and USFWS.
6. Herbicide Use Monitoring.
Consultant shall monitor all herbicide application activities occurring within 50 feet of wetlands or waterbodies to ensure compliance with environmental protection measures. Herbicide use shall be strictly limited to spot treatments targeting invasive, non native plant species. The consultant is responsible for verifying that no direct or indirect adverse effects to listed bird species result from herbicide application and shall document and report any observed impacts.
7. Warranty.
All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material.
8. Reference Reports.
It is the Consultant'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):
• Supplemental Environmental Assessment, Appendix B
• Biological Constraint Letter, Appendix C
• Biological Assessment, Appendix D
• City of Poway Best Management Practice, Appendix E
• Programmatic Environmental Assessment (PEA), Appendix F 15 of 24
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9. Unfavorable Maintenance Conditions.
During inclement weather, or other unsuitable maintenance conditions, the Consultant shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special means or precaution approved by the City, allowing the Consultant the ability to perform the work in a proper and satisfactory manner.
10. Warranty.
All work performed under this contract will carry a minimum thirty-day warranty on labor and the manufacturer's warranty on material.
11. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposals submitted in writing on July 21, 2025, which is included in this document as Attachment
1. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
12. Term of Agreement.
This Agreement shall be effective from the period commencing August 20, 2025, and ending August 19, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination. Award of the Contract is subject to City Council appropriation of funds. 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.
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13. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
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.
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14. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Consultant:
City of Poway
P.O. Box 789
Poway, CA 92074
Dudek
605 Third Street
Encinitas, CA 92024
(Remainder of page intentionally left blank)
August 19, 2025, Item #5
ATTACHMENT 1
Fee Proposa I
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FEE PROPOSAL
Actual positions and titles may differ. Additional positions not listed below must be filled in by the proposer.
.. -
Service Descriotion Hourlv Rate
Biolooical Monitorina $ 115
Bird Nestino Survey $ 105
Cultural Resources Monitor $ 85
Princioal Biologist, $300
Field Biolooist $155
Field Biologist $145
Compliance Lead $165
GIS Analyst $145
Publications Specialist $125
Technical Editor $130
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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 19, 2025, Item #5
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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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 19, 2025, Item #5
(3}The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4}The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g}A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i}This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (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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GUARANTY
To the City of Poway, City Council, for:
AS-NEEDED ENVIRONMENTAL AND BIOLOGICAL MONITORING SERVICES FOR
HAZARDOUS TREE MITIGATION GRANT PROGRAM
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Consultant
Date
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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 19, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
August 19, 2025
Honorable Mayor and Members of the City Council
Craig Schmollinger, Director of Finance@
Craig Schmollinger, Director of Finance
[email protected]
CITY COUNCIL
Ordinance to Amend Poway Municipal Code Chapter 3.28 Regarding the Award and Execution of Contracts
The City has codified its Purchasing standards for supplies, equipment, materials and services in Chapter 3.28 of the Poway Municipal Code (PMC) titled "Purchasing". From time to time the Purchasing section has been updated to reflect changes in procedures, updates to the California Public Contract Code (PCC), purchasing authority levels, and to help streamline operations while ensuring adequate fiscal controls are in place. One of these changes occurred when the City elected to become subject to California Uniform Public Construction Cost Accounting Act (CUPCCM) procedures and bidding standards through an adopting resolution approved on February 1, 2022. CUPCCM provides greater flexibility and efficiency in the award and execution of public works projects and has standards which align with certain PCC sections. As time has passed, there have been updates to the PCC that have caused an imbalance between certain City PMC authority levels and California State PCC authority levels. Staff recommends the City Council introduce the Ordinance (Attachment A) to better align and index these areas into the future, along with alignment of City Manager authorized level for awarding contracts with adopted City budget authority for appropriation adjustments. The Ordinance amends four sections of Chapter 3.28 of the PMC, and adds one new subsection : 3.28.050 (Unauthorized Purchases), 3.28.070 (Formal Bidding Procedure), amending subsection 3.28.080.H and adding subsection 3.28.080.1 (Exceptions to Bidding Requirements), 3.28.100 (Professional Services), and
3.28.120 (Award and Execution of Contracts).
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the September 16, 2025 Regular City Council Meeting.
Discussion:
Chapter 3.28.050 {amending): Unauthorized Purchases:
Current authority allows the Director of Finance to approve other city staff ordering the purchase of 1 of 8
August 19, 2025, Item #6
supplies, equipment, materials or services or make any contract by written approval. The proposed ordinance would update this requirement from solely being written to also include electronic approval. This approval could come by email, City software electronic approval, or other electronic mechanism.
Chapter 3.28.070 {amending): Formal Bidding Requirements:
The CUPCCAA was enacted in 1983 to promote uniformity on bidding procedures and accounting standards for public works projects performed by contract or by staff. CUPCCAA provides greater flexibility and efficiency in the award and execution of public works projects. The City elected to become subject to CUPCCAA procedures and bidding standards through an adopting resolution at the February 1, 2022 City Council meeting. Over time, the PCC has been updated which resulted in an imbalance between the City PMC and those state standards for formal bidding requirements. This imbalance is being addressed through a proposed dollar amount adjustment for formal bidding being increased to $100,000 and indexing to the relevant PCC Section 22032(a) related to bidding requirements, whichever is greater. This will help ensure ongoing alignment without a need to update the PMC if there are changes at the State level.
A proposed update to bid notice posting language is also being proposed to align with a more modern method of posting on the City's website versus in the newspaper. Additionally, two other posting locations for advertising of bids are included as the City bulleting board located outside City Hall and on the public bulletin board located at the Poway Branch Library. These updates help ensure there is common knowledge of posting locations and reach a wider array of potential bidders. This will help increase awareness and opportunity for additional bidders, increasing the opportunity for a reduction in cost for services, equipment, and supplies in the process.
Chapter 3.28.080.H {amending): Exceptions to bidding requirements:
This subsection currently includes an exception to obtaining formal or informal bids for purchases of supplies, services or equipment that does not exceed $10,000. Given the increase in costs of supplies, services and equipment over the past several years, this limitation is proposed to increase to $20,000.
This revision will help expedite the purchase of smaller dollar supplies, services and equipment leading to staff efficiencies and more time to focus on other City work.
Chapter 3.28.080.I {new subsection): Exceptions to bidding requirements - Full Reimbursement:
A new section of the PMC is being proposed to specify the City will continue to be fully reimbursed by a third party for the costs of supplies, services or equipment. While this will not change the City's current long-standing processes, the proposed clarification codifies the City's practice of ensuring development projects are paid for solely by the applicants of those projects.
Chapter 3.28.100 {amending): Professional Services:
Professional services include those contracted for architectural, professional engineering, land surveying, construction management, and similar services which are awarded based on qualification based criteria versus solely on the lowest cost. This section of the PMC requires obtaining multiple bids for these services unless only one firm or individual can provide the service, in which case receiving multiple proposals would be impossible and therefore is exempt from this requirement.
Included in the proposed PMC revision is an additional exemption from receiving multiple proposals for services tied to projects the City is being fully reimbursed by a third party (applicant). This clarification does not apply to professional services funded with City funds. 2 of8
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Chapter 3.28.120 (amending}: Award and Execution of Contracts:
The City Budget provides the City Manager with certain authorities to help provide for expeditiously meeting the requirements of the city in running day-to-day operations. These budget authorities include for the City Manager to approve appropriation increases at $100,000 per instance, while the PMC allows for the City Manager to award and execute contracts up to $60,000. This imbalance is being addressed through a proposed dollar amount adjustment to the City Managers authority to award contracts to $100,000. The increased contract limits are provided to be consistent with the informal bid procedures outlined by CUPCCAA and provided in Section 3.28.150 of the PMC.
Environmental Review:
None.
Fiscal Impact:
There is no direct fiscal impact associated with the recommended action. Staff anticipated the City realizing some savings by avoiding newspaper posting costs for bid opportunities and publishing on the City website. Productivity savings are anticipated from spending less time bringing smaller dollar contracts to City Council for award which will allow staff more time to focus on other projects for the City.
Public Notification:
None.
Attachments:
A. Ordinance Amending Chapter 3.28 of the Poway Municipal Code Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 3.28 OF THE
POWAY MUNICIPAL CODE REGULATING THE CITY'S FORMAL
BIDDING PROCEDURE, AND AWARD AND EXECUTION OF
PURCHASING CONTRACTS
WHEREAS, City staff and the City Attorney's Office have been progressively analyzing the Poway Municipal Code ("PMC") and recommending updates where appropriate; WHEREAS, the City Council of the City of Poway has enacted a purchasing system in Chapter 3.28 of the PMC to establish efficient procedures for the purchase of supplies, equipment, materials or services; to secure the same for the City at the lowest possible cost commensurate with the quality needed; to exercise positive financial control over purchases; and to ensure that purchases are consistent with the City's adopted budget; WHEREAS, the City Council seeks to increase the minimum purchase value which triggers the City's formal bidding procedure and requires contracts be awarded by the City Council so as to reflect modern costs and provisions of state law; WHEREAS, the City Council seeks to formalize the City's process for posting formal bid notices by specifying those places in the City where such bids shall be posted; and WHEREAS, the City Council seeks to allow the City to enter into contracts for supplies, services or equipment that are being fully reimbursed by third parties without requiring a formal bidding process.
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: Section 3.28.050 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.050 Unauthorized purchases
No City department head, division head or other employee shall make or order the purchase of any supplies, equipment, materials or services or make any contract without the prior approval, in writing or electronically, of the Director of Finance.
SECTION 3: Section 3.28.070 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.070 Formal bidding procedure.
Except as otherwise provided in this chapter, any purchase for supplies, services, or equipment for contracts on public works projects which exceeds in value $1Qe0,000 or the amount established by Public Contract Code Section 22032(a), whichever is greater, in value for supplies, services, and equipment, or the amount
ATTACHMENT A
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August 19, 2025, Item #6
Ordinance No.
established by Public Contracts Code Section 22032 and succeeding amendments for contracts on public •.vorks projects, will shall be by formal bid. The requirements of this section apply only to formal bids, and not to requests for proposal (RFPs) issued by the City.
A. Notices inviting sealed bids shall be published at least twice, not less than five days apart, the first time being 10 days before the date of the opening of the bids, in a ne•.vspaper of general circulation in the City, or they shall be posted in at least three places in the City that have been designated by ordinance as the places for posting public notices~.,. (1) on the City bulletin board located outside City Hall; (2) on the public bulletin board located at the Poway Branch Library; and (3) online on the City's website.
B. Notices inviting bids shall include a general description of the articles to be purchased, where bid forms and specifications may be obtained, and the time, date and place for the opening of bids.
C. When deemed necessary by the Director of Finance, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon the bidder's refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If the City Council rejects all bids presented, due to the failure of the successful bidder to execute the contract, and readvertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder.
D. Sealed bids together with bidder's security shall be submitted to the Director of Finance or designee. The bid shall be so identified on the envelope. Bids shall be opened in public at the date, time and place stated in the public notices inviting the bids. Any bid received after the scheduled time of the bid opening shall be returned to the bidder unopened. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
E. At its sole discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure prescribed above. In the event no bids are received or all bids are rejected, the City Council may, in accordance with Public Contracts Code Section 20167, and any amendments thereto, direct the Director of Finance or designee to proceed pursuant to paragraphs relating to open market procedure or competitive negotiations.
F. If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council may at its discretion accept the bid it chooses with or without further negotiations with the tie bidders.
G. The City shall have authority to require performance and labor and materials security before entering a contract in such amount as it finds reasonably necessary 5 of 8
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Ordinance No.
to protect the best interests of the City. If the City requires security, the form and the amount of the security shall be described in the notice inviting bids. The notice inviting bids may provide that security may be posted in the form of a surety bond, a letter of credit drawn on an institution located in San Diego County and approved by the City Attorney, or a cash deposit.
SECTION 4: 3.28.080 of the PMC is hereby amended to add a new subdivision (I), to read as follows:
I. The City will be fully reimbursed by a third party for the costs of supplies, services or equipment.
SECTION 5: 3.28.080 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
H. The value of the supplies, services or equipment to be purchased does not exceed $420,000.
SECTION 6: 3.28.100 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.100 Professional services.
The selection of a firm for professional services will be made by qualification-based selection . In order to implement this method of selection when contracting for architectural, professional engineering, land surveying, construction management and other professional services, the City must be sure that selection is made on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices. Whenever possible, at least three proposals shall be required for the professional services needed. The requirement for multiple proposals may be waived if only one firm or individual can provide the service, or if the City is being fully reimbursed by a third party, in which case this Section does not apply. It is the policy of the City to give prime consideration to consultants and other professionals whose offices are located within the City of Poway, but the final selection shall still be made based on demonstrated competence and professional qualifications first and agreed-upon financial agreement second.
SECTION 7: Section 3.28.120 of the PMC is hereby amended as follows, with additions in underline, and deletions in strikethrough:
3.28.120. Award and execution of contracts.
Except in emergency situations or where the City is being fully reimbursed by a third party, all contracts for supplies, services and equipment and all public works projects shall be awarded by the City Council if they meet or exceed the greater of the following in aB-estimated amount ef $1Qe0,000 or more.L or the amount established by Public Contract Code Section 22032(a). and public works projects in an estimated amount of $60,000 or more shall be awarded by the City Council. Contracts for supplies, services, 6 of 8
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Ordinance No.
equipment and public projects pursuant to the processes set forth in PMC 3.28.150 in an amount less than $1.Q@0,000, or the amount established by Public Contracts Code Section 22032(a), whichever is greater, shall be executed by the City Manager or the City Manager's designee. No contract shall be approved by the City Council or City Manager unless the expenditure is consistent with the City's adopted budget.
SECTION 8: The City Council finds that this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA").
SECTION 9: 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 10: 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 Councilmembers 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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August 19, 2025, Item #6
Ordinance No.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 19th day of August, 2025, and thereafter.
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 16th day of September, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
8 of 8
August 19, 2025, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
August 19, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Servic~
Jazmin Sanchez, Assistant Planner
858-668-4658 or [email protected]
CITY COUNCIL
Minor Conditional Use Permit 24-0001, a Request to Approve Existing Lighting to a Recreational Court (Pickleball) for a Single-Family Residence Located at 13607 Via Serena (APN 275-271-15)
Diane Wewerka (owner) is requesting a Minor Conditional Use Permit (MCUP) 24-0001 to approve four existing light poles for a pickleball court at a single-family residence located at 13607 Via Serena within the Rural Residential B (RR-B) zone. The existing 28-foot by 55-foot recreational court includes four existing light poles that are 15 feet in height. The project complies with City standards for private recreational courts with exterior lighting.
Recommended Action:
It is recommended the City Council take public input, close the public hearing and adopt the attached Resolution (Attachment A) approving MCUP 24-0001.
Discussion:
Background
Pursuant to Section 17.30.010 of the Poway Municipal Code (PM(), a private recreational court with exterior lighting may be permitted in single-family zones subjectto the approval of a minor conditional use permit and compliance with standards set forth in PMC 17.30.020.
Project Details
The subject property is a two-acre lot located at 13607 Via Serena, within Green Valley Estates The site is zoned RR-B as illustrated in the attached zoning/vicinity map (Attachment B). The surrounding area is developed with custom single-family residences to the north, east, and west. South of the parcel is Lake Poway Road. An existing pickleball court has been constructed in the street side yard of the property, located on the south side of the residence and adjacent to Lake Poway Road. The applicant constructed the lighted pickleball court prior to obtaining the required planning entitlement 1 Qf 13
August 19, 2025, Item #7
(MCUP) and building permit and is now seeking approval for both.
The lighted pickleball court was constructed in the street side yard of the subject property, adjacent to Lake Poway Road. The court is located approximately 13 feet from the street side property line and 83 feet from the rear property line (Attachment A, Exhibit A). It includes four light poles, each 15 feet in height. In accordance with PMC Section 17.30.020, the existing pickleball court meets the minimum required setbacks. Additionally, the number and height of the light poles comply with the limitations established in the PMC for exterior lighting associated with private recreational courts in single-family residential zones.
Table 1 - Minimum Standards
S~and;;d , ~ ••• .- , • R~q~i'red Project Request Conforms Recreational Court
Side Yard Setback 10.0 feet 83.0 feet Yes
Rear Yard Setback 10.0 feet 13.0 feet Yes
Light Poles
Maximum Height 18.0 feet 15.0 feet Yes
Lighting
Approval of MCUP 24-0001 will authorize the applicant to permit the existing four light fixtures mounted on 15-foot-high poles surrounding the pickleball court. Dense landscaping currently exists along the street side and rear yards adjacent to the court and lighting, providing effective visual screening (Attachment C). As a result, visibility of the court lighting from the surrounding area is significantly minimized. Additionally, the lights are fully shielded and directed downward onto the court, minimizing any impact on adjacent properties . A photometric study (Attachment D) submitted by the applicant confirms that light does not trespass onto neighboring properties. Furthermore, in accordance with the Poway Municipal Code (PMC) and as a condition of approval, the lights may only be operated between the hours of 7:00 a.m. and 10:00 p.m. Timers will be required to ensure automatic shutoff at 10:00 p.m.
Neighborhood Meeting
A neighborhood meeting was held on May 29, 2025, to share details about the proposed project.
Notices were mailed to property owners and tenants within 500 feet of the project area. One neighboring property owner attended the meeting and di$cussed the project but expressed no concerns. One neighboring property owner was unable to attend the meeting in person and subsequently followed up by phone to express concerns regarding the compatibility of the light poles with the character of Green Valley Estates. City staff performed a site visit on May 29, 2025, and confirmed the existing light poles follow City standards.
Conclusion
The PMC allows private recreational courts with exterior lighting in single-family zones with an approved MCUP. Pursuant to PMC 17.30.020, the existing pickleball court meets the minimum required setbacks. The existing four 15-foot light poles are in compliance with the maximum eight lights permitted and 18-foot height limit. The findings necessary to support the approval of MCUP 24- 0001, as required by PMC Section 17.48.070, can be made, as the project has been designed to comply with all applicable City standards for private recreational courts with exterior lighting. 2 of 13
August 19, 2025, Item #7
Environmental Review:
The lighted recreational court is determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) Class 3 of the CEQA Guidelines, since the recreational court is considered an accessory structure on an existing single-family residential property.
Fiscal Impact:
There is no fiscal impact associated with this action.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on August 7, 2025. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Furthermore, all contacts on the City's interested party's list were provided a public notice.
Attachments:
A. Resolution
B. Zoning/Vicinity Map
C. Photos
D. Photometric Study
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
A;;;:b
Ch: H I. 2 ns aze tine
City Manager
August 19, 2025, Item #7
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE
PERMIT 24-0001 ASSESSOR'S PARCEL NUMBER 275-271-15
WHEREAS, Minor Conditional Use Permit (MCUP) 24-0001 was submitted by Sergio Jimenez, Applicant, and Diane Wewerka, Owner, a request to permit four existing light poles to a pickleball court at a single-family residence located at 13607 Via Serena, in the Rural Residential B (RR-8) zone;
WHEREAS, on August 19, 2025, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the site plan for this MCUP request included in the agenda report are incorporated herein as Exhibit A; and
WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The lighted recreational court is determined categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303(e) Class 3 of the CEQA Guidelines, since the recreational court is considered an accessory structure on an existing single-family residential property.
SECTION 2: The findings, pursuant to Section 17.48.070 of the Poway Municipal Code (PMC), to approve MCUP 24-0001 allowing four existing lights to a pickleball court, are made as follows:
A. The location, size, design and operating characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 Poway Municipal Code (PMC) Conditional Use Permits Regulations, the General Plan and the development policies and standards of the City in that the design of the proposed recreational court lighting will meet the required lighting type, height limit and operating hours, and will otherwise comply with all of the relevant codes and standards of the City of Poway.
B. The location, size, design and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures or natural resources. The main residence and existing dense landscaping of the property will shield the view of the lights from adjacent homes to the north, east and west. Furthermore, court light use is prohibited between the hours of 10 p.m. and 7 a.m.
C. The existing four lights comply with the maximum of eight lights allowed by the PMC for a recreational court and the 15-foot-tall lights would comply with the 18-foot maximum height limit. Therefore , the harmony in scale, bulk, coverage and density of the project is consistent with adjacent uses.
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August 19, 2025, Item #7
ATTACHMENT A
Resolution No. 25-
D. There are adequate public facilities, services and utilities available at the subject site to serve the proposed use.
E. The photometric study shows the lighting meets City standards as the existing lighting is directed downward toward the court boundaries with the use of shields and is screened by the main residence and existing dense landscaping to reduce visibility of the lights from the surrounding properties. Therefore, there will not be a harmful effect upon desirable neighborhood characteristics.
F. The court lights will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan.
G. The site is suitable for the type and intensity of use or development that is proposed in that a lighted recreational court is an accessory use that is permitted in a residential zone with the approval of a MCUP. The existing lighting is shielded and directed to shine downward within the court boundaries and existing landscaping and the placement of structures reduce the visibility of the lights from the surrounding properties.
H. There will not be significant harmful effects upon environmental quality and natural resources in that the project is limited to lighting along a pickleball court on the parcel.
Dense landscaping exists along the perimeter of the court to reduce light impacts to nearby residential homes. Therefore, there will be no significant harmful effects upon environmental quality and natural resources.
I. There are no relevant negative impacts of the proposed use that cannot be mitigated.
J. A lighted recreational court is an allowable accessory use in the RR-8 zone with the approval of a MCUP. Therefore, the impacts, as described in subsections A through I of this Section, and the proposed location, size, design and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan.
K. That the proposed minor conditional use will comply with each of the applicable provisions of this title.
SECTION 3: The City Council hereby approves MCUP 24-0001, as shown on the site plan incorporated herein by reference and stamped as "Exhibit A" and dated August 19, 2025 on file in the Development Services Department, except as noted herein, subject to the following conditions:
A. The applicant shall defend, indemnify and hold harmless the City, its agents, officers and employees from any and all claims, actions, proceedings, damages, judgments or costs, including attorney's fees, against the City or its agents, officers or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority 5 of 13
August 19, 2025, Item #7
Resolution No. 25-
to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant.
B. Approval of this MCUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of MCUP 24-0001 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs and transferees of the current property owner.
F. MCUP 24-0001 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year.
G. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required.
H. The applicant shall obtain an Electrical Permit for the existing recreational court lighting and a Building Permit for the lighting structures (i.e. light poles). Prior to issuance of a Building or Electrical Permit, the applicant shall comply with the following:
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1. The building plans shall clearly show and identify how the project complies with the following requirements:
a. The maximum height of the fence shall not exceed 10 feet. b. The light poles shall not exceed 18 feet in height. Lighting fixtures shall be as required by Chapter 17.30 PMC. Metal halide lighting is prohibited. c. The maximum number of lights on the court shall not exceed eight. d. The surface area of the recreational court shall be designed , painted, colored and/or textured to reduce the reflection of light. This requirement shall be noted on the plans and the proposed court color shall be noted. e. Pursuant to PMC 17.30.020.E, the fencing, support posts, light poles and fixtures shall be painted a dark non-reflective color so as to reduce their overall visibility. Vinyl-coated chain link fencing with fence and light poles painted to match is acceptable. This requirement shall be noted on the plans and the proposed paint color shall also be noted.
f. Pursuant to PMC 17.30.020.C, the applicant shall submit a lighting plan that reflects that the lighting will be shielded from the adjacent properties, to the satisfaction of the Director of Development Services. The plans shall show the August 19, 2025, Item #7
Resolution No. 25-
lights designed, constructed, mounted and maintained such that the light source is cut off when viewed from any point above five feet measured at 10- feet from the edge of the court, and such that the maximum illumination intensity measured at the limits of the property line shall not exceed one-half foot-candle above ambient light levels. Lights shall not shine into adjacent Biological Conservation Easements.
g. The building plans shall depict and note, to the satisfaction of the Director of Development Services, that the lighting will be on a timer of limited duration, and that they will automatically shut off from 10:00 p.m. to 7 a.m. h. Light fixtures are restricted to 1,000-watt high-pressure sodium, narrow spectrum amber light emitting diode (LED) which does not exceed a correlated color temperature (CCT) of 3,000 Kelvin or other similar directional energy efficient light.
I. Prior to final inspection approval:
1. Written certification shall be provided from a qualified lighting installation contractor that:
a. All lights and light fixtures have been designed, constructed and mounted such that the light source is cut off when viewed from any point above five feet measured at 10-feet from the edge of the court.
b. All lights and light fixtures have been designed, constructed, mounted and light shields installed such that the maximum illumination intensity measured at the property line does not exceed one-half foot-candle above ambient light levels.
J. Upon establishment of the proposed use, pursuant to MCUP 24-0001, the following shall apply:
1. In accordance with PMC 17.30.020.C.3, the recreational court lighting shall be used only between 7:00 a.m. and 10:00 p.m., and an automatic timer shall be programmed to automatically shut the lights off at 10:00 p.m.
2. Required court landscaping shall be maintained in a healthy and thriving condition.
3. The light standards are limited in number, size, height and light shields, which shall meet the requirements for shielding the light fixtures. The maximum height of lights shall not exceed 18 feet from grade. Lighting fixtures shall be maintained pursuant to PMC 17.30.020.G, to the satisfaction of the Director of Development Services.
4. The fencing and associated opaque mesh shall be maintained to screen the view of the light from residences to the north and east and to shield light from extending into nearby native habitat to the satisfaction of the Director of Development Services.
SECTION 4: The approval of MCUP 24-0001 shall expire on August 19, 2027, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the MCUP approval has commenced prior to its expiration.
SECTION 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
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August 19, 2025, Item #7
Resolution No. 25-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 19th 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 13
August 19, 2025, Item #7
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