Agenda packet — Poway City Council, November 18, 2025 (part 1 of 3)

Amended Agenda
Adding Closed Session Item #13
AG EN DA Poway City Council
Council Ch amber I 13325 Civi c Center Driv e I Pow ay , CA I 9206 4 November 18, 2025 I 7 p.m.

Thank you for participating in your local government and the City of Poway Council meetings.

Meetings I Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. in the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064. The Council Chamber will be open to the public.

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

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

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

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

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

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

Steve Vaus
Mayor
Peter De Hoff
Deput y Mayor
Vacant
Council member
Jenny Maeda
Councilmember
Christopher J. Pikus
Council member
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.

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

ROLL CALL:

PLEDGE OF ALLEGIANCE:

MOMENT OF SILENCE:

PRESENTATION: None
PUBLIC COMMENT : In accordance with State law, an item not scheduled on the agenda may be brought forwa rd by the general public fo r comment; however, the City Council will not be able to discuss or take actio n on any issue not inclu ded on the agenda. You may speak up to three (3) minutes .

Per the Poway Mu nicipal Code, th e speaking ti me may be reduced . Speakers have one opportunity to address the Council und er Public Comment.

CONSENT CALENDAR: The Consent Ca lendar may be enacted in one mot ion by the Council wit h a Roll Call Vote wit hou t discussion unl ess a Councilm emb er, a mem ber of the publi c, or City Manager reque sts that an ite m be remov ed for discussion.

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

2. Award of Agreement to Knorr Systems International, LLC, for Pool Maintenance and Repair, Bid 26-006

3. Award of Agreement to Alpha Analytical Laboratories, Inc., for Potable Water Analytical Laboratory Services, RFP No. 26-006

4. Award of Contract to A.B. Hashmi, Inc., for the FY 2024-25 ADA Barrier Removal - Buckley Street Phase I Project, Bid No. 26-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act

5. Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services

6. Approval of Parcel Map for Tentative Parcel Map 24-0001 (Martincoit Urban Lot Split); TSAC Engineering, Applicant (APN 275-271-29)
ORDINANCES FOR INTRODUCTION: None
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PUBLIC HEARINGS:

7. Resolution Declaring the Property at 14025 Tierra Bonita Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violations
City Manager's Recommendation: It is recommended the City Council adopt the proposed Resolution finding the conditions on the property constitute a public nuisance and declaring the City will abate the nuisance if the property owner fails to address the issues in a timely manner.

8. Resolution Declaring the Property at 16943 Valle Verde Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violation
City Manager's Recommendation: It is recommended the City Council adopt the proposed Resolution finding the conditions on the property constitute a public nuisance and declaring that City abate the nuisance if the property owner fails to address the issues in a timely manner.

9. Resolution Declaring the Property at 14033 Riverbend Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violations
City Manager's Recommendation: It is recommended the City Council adopt the proposed Resolution finding the conditions on the property constitute a public nuisance and declaring that City abate the nuisance if the property owner fails to address the issues in a timely manner.

10. Approval of an Ordinance of the City of Poway, California, Amending Poway Municipal Code Title 15 to Adopt by Reference the 2025 California Building Standards Codes with Local Amendments City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waiving further reading and schedule the adoption of the ordinance for the December 2, 2025 Regular City Council Meeting.

STAFF REPORTS:

11. Resolution Approving All-Way Stop Control at the Intersection of Bowdoin Road and Los Olivos Avenue
City Manager's Recommendation: It is recommended the City Council adopt the attached Resolution approving all-way stop control at the intersection of Bowdoin Road and Los Olivos Avenue.

12. Set Public Hearing for Proposed Five-Year Water, Recycled Water, and Wastewater Rates City Manager's Recommendation: It is recommended the City Council direct staff to set the public hearing for January 20, 2026 and proceed with the Proposition 218 process which includes mailing the notice of public hearing to ratepayers pursuant to California law at least 45 days prior to the January 20, 2026 Public Hearing.

WORKSHOPS: None
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COUNCIL- INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:

CITY ATTORNEY ITEMS: (Including any public repo rt of any action taken in closed session) CLOSED SESSION:

13. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code§ 54956.9(d)(1)
Name of Case: City of Poway v. Arthur (Tony) Blain, San Diego Superior Court Case No. 25CU024105C
ADIOURNMENT :

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

AFFIDAVIT OF POSTING
I, Ellis Webster, Deputy 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 November 13, 2025.

Said meeting to be held at 7:00 p.m., November 18, 2025, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. 4 of 4 Regular City Council Meeting November 18, 2025
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
November 18, 2025
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services�
Roger Morrison, Senior Management Analyst
(858) 668-4581 or [email protected]

CITY COUNCIL
Award of Agreement to Knorr Systems International, LLC, for Pool Maintenance and Repair, Bid 26-006
A request for bids for Pool Maintenance and Repair was posted on October 1, 2025. One bid was received on October 21, 2025. Staff reviewed the bid and is recommending award of the Agreement to Knorr Systems International, LLC. As the bid amount is greater than the existing budget, an appropriation of $10,000 is requested for the current fiscal year, with additional amounts added to the budget requests for future years.

Recommended Action:

It is recommended the City Council:
1) Award the Agreement for Pool Maintenance and Repair, Bid 26-006, to Knorr Systems International, LLC, in the amount of $52,815;
2) Appropriate $10,000 from the General Fund unappropriated fund balance (F1000) to the Community Services Department, Aquatics Division account (203020-41200); and 3) Authorize the City Manager to execute all necessary documents associated with the Contract.

Discussion:

Proactive maintenance of the pool equipment includes monthly, semiannual, and annual inspections and maintenance of pumps, filters, heaters, chemical feed systems, and an ultraviolet disinfection system. Regular maintenance and inspection of this equipment provides uninterrupted operation of the swim center and also prolongs the life of the equipment.

The Request for Bids was published on Bid Net, a comprehensive database for public projects that is used by many local agencies. It was also advertised in the Poway News Chieftain on October 9 and October 16,
2025. Twenty
potential proposers registered, four companies attended the mandatory walk-through, and one bid was received on October 21, 2025. The bid was from Knorr Systems 1 of 19
November 18, 2025, Item #2
International, LLC, in the amount of $52,815 for the first year. The Agreement allows up to four 1-year extensions by mutual agreement, with cost adjustments based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less.

Because of the specialized work required to maintain a large swim center such as the City's, residential pool contractors are generally not qualified for this task. The sole bidder, Knorr Systems International, LLC, provides swim center maintenance services to a variety of public agencies including cities and school districts, and has all the qualifications necessary to complete the maintenance successfully.

Knorr was the holder of the previous maintenance Contract.

The total proposal amount of $52,815 for the first year would be paid partially during Fiscal Year (FY) 2025-26 and partially during FY 2026-27. Based on the previous Agreement, the City budgeted $37,292 in FY 2025-26, of which $19,605 remains unspent. An appropriation of $10,000 from the General Fund unappropriated fund balance is required to ensure that the FY 2025-26 portion of this Agreement can be covered. Additional funds will be requested in the FY 2026-27 budget and future year budgets to cover the additional years of the Agreement.

Environmental Review:

This item is not subject to CEQA review.

Fiscal Impact:

This action will appropriate $10,000 from the General Fund unappropriated fund balance (F1000) to the Community Services Department, Aquatics Division account (203020-41200), which will add to the existing $19,605 in the account to cover the cost for FY 2025-26. The cost of future years will be included in each year's budget proposal. The City proactively plans for pool maintenance and repair services as part of the budget development process.

Public Notification:

None.

Attachment:

A. Agreement for Pool Maintenance and Repair
Reviewed/Approved By:

Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
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November 18, 2025, Item #2
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 18th day of November, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Knorr Systems Internatio nal, LLC (hereinafter referred to as "Contractor").

RECITALS
WHEREAS, City desires to obtain the services of a private contractor to perform pool maintenance and repair services;
WHEREAS, Contractor is a pool maintenance contractor and has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.

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

1. Scope of Services.

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

2. Compensation and Reimbursement.

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

3. Term of Agreement.

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

4. Termination.

This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60- day period Contractor shall perform all consulting services in accordance with this Agreement.

This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.

ATTACHMENT A
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5. Confidential Relationship.

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

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

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

8. Ownership of Documents.

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

9. Conflict of Interest and Political Reform Act Obligations.

During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify 4 of 19
November 18, 2025, Item #2
itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

DISCLOSURE DETERMINATION:
[8'.I 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required.

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

10. No Assignments.

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

11. Maintenance of Records.

Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such 5 of 19
November 18, 2025, Item #2
materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

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

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

14. Contractor's Insurance.

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

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

16. Assumption of Risk.

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

17. Contractor Not an Agent.

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

18. Personnel.

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

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

Contractor's personnel shall at all times comply with City's drug and alcohol 7 of 19
November 18, 2025, Item #2
policies then in effect.

19. Notices.

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

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

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

21. Gender.

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

22. Counterparts.

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

23. Entire Agreement.

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

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

Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 19
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Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

25. Severability.

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

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

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

By:------------
Alan Fenstermacher, City Attorney
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CONTRACTOR

KNORR SYSTEMS INTERNATIONAL, LLC
By:------------
Cindy Faust, Director of Operations
Date: ------------
November 18, 2025, Item #2
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.

Contractor agrees to perform consulting services as required by City, which shall consist of the pool maintenance and repair services further described in the Scope of Services submitted with the bid dated October 21, 2025, which is included in this document as Attachment 1, and with the entire bid packet No. 26-006, which is incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.

8. Compensation and Reimbursement.

City shall pay Contractor a fee in accordance with the bid submitted on October 21, 2025, which is included in this document as Attachment 1. Total fee is not to exceed $52,815.00. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing November 18, 2025, and ending November 17, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to four additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.

D. Contractor's Insurance.

1. Coverages:

Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(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.
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2. Endorsements:

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

3. Insurance Certificates:

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

E. Notices.

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

To City:

To Contractor:
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City of Poway
P.O. Box 789
Poway, CA 92074
Cindy Faust
Director of Operations
Knorr Systems International, LLC
2221 S. Standard Ave
Santa Ana, CA 92707
November 18, 2025, Item #2
EXHIBIT"B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e)
13 of 19
(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 November 18, 2025, Item #2
prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer . A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
14 of 19
(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 November 18, 2025, Item #2
days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements .
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:

Note
Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 19
November 18, 2025, Item #2
16 of 19
ATTACHMENT 1

BID TABLE

POOL MAINTENANCE AND REPAIR RATES
NOTE: INCLUDE OVERHEAD FOR ALL TABLES
Location Item Cost Quantity
oer Year
50-meter Quarterly
Pool maintenance of a $ 435.00 4 seven (7) filter
US Filter System
50-meter Annual
Pool maintenance of a $ 4,125 .00 1 seven (7) filter
US Filter System Includes rebuild on four (4) b, kwash valves ( Splash Pad Quarterly
maintenance of $ 260.00 4 two (2) Pentair
TR100C3 Filters
Splash Pad Annual
maintenance of $
840.00
1 two (2) Pentair
TR 1 00C3 Filters
50-meter Quarterly
Pool maintenance of
two (2) $ 780.00 4
CPN2072-F7
heaters
50-meter Semi-annual
Pool maintenance of
two (2) $ 1,460.00 2
CPN2072-F7
heaters
50-meter Annual
Pool maintenance of
two (2) $ 2,810.00 1 CPN2072-F7
heaters
Splash Pad Quarterly
maintenance of
one (1) ERN252 $ 460.00 4
heater
28 Annual Total Cost
$
1,740.00
$ 4,125 .00
Jther 3 were recenlly complete )
$ 1,040.00
$ 840.00
$ 3,120.00
$ 2,920.00
$ 2,810.00
$ 1,840.00
November 18, 2025, Item #2
Splash Pad Semi-annual
maintenance of $ 810.00 2 $ 1,620.00
one (1) ERN252
heater
Splash Pad Annual
maintenance of $ 1,133.00 1 $ 1,133.00
one (1) ERN252
heater
50-meter Quarterly
Pool maintenance of
two (2)
Surewater $ 363.00 4 $ 1,452.00
Technologies
"The Solution"
Chlorination
Feed Systems -
50-meter Annual
Pool maintenance of
two (2)
Surewater $ 2,381.00 1 $ 2,381.00
Technologies
"The Solution"
Chlorination
Feed Systems
50-meter Quarterly
Pool and maintenance of
Splash Pad three (3) Stenner $ 711.00 4 $ 2,844.00
45M-5 pumps (2
Acid feed and 1
Chlorine feed)
Splash Pad Quarterly
maintenance of $ 225.00 4 $ 900.00
Eko3 pH-MTS
System
Splash Pad Annual
maintenance of $ 426.00 1 $ 426.00
Eko3 pH-MTS
System
50-meter Semi-annual
Pool and maintenance of
Splash Pad one (1) Pentair
Accu-Drive $ 500.00 2 $ 1,000.00
system and one
(1}H2O-
Technologies
SPCS
29 17 of 19
November 18, 2025, Item #2
SO-meter Quarterly
Pool and maintenance of 1,079.00
Splash Pad three (3) $ 359.00 4 $
circulation and
booster pumps
Splash Pad Semi-annual
maintenance of
one (1) ETS
ECF-210-4 Ultra $ 607.00 2 $ 1.214.00
Violet
Disinfection
System
Splash Pad Annual
maintenance of
one (1) ETS
3,277.00 3,277.00 ECF-210-4 Ultra $ 1 $
Violet
Disinfection
System
SO-meter Quarterly
Pool and maintenance of
Splash Pad one (1) BECSysS
365.00 and one (1) $ 4 $ 1,460.00
BECSys7
chemical system
controller
SO-meter Annual
Pool and maintenance of
Splash Pad one (1) BECSysS
and one (1) $ 555.00 1 $ 555.00
BECSys7
chemical system
controller
SO-meter Quarterly
Pool and maintenance of
Splash Pad two (2) Cla-Val $ 389.00 4 $ 1.556.00
Automatic Water
Fill Systems
50-meter Annual
Pool and maintenance of
Splash Pad two (2) Cla-Val $
3,466.00
1 $
3,466 .00
Automatic Water
Fill Systems
50-meter Quarterly general
Pool and maintenance $ 300.00 4 $ 1,200.00
Splash Pad tasks as defined
in RFP Specs
30 18 of 19
November 18, 2025, Item #2
19 of 19
50-meter Annual general
Pool and maintenance $ 11,1117.U0 1 $ a.e11.oo
Splash Pad tasks as defined
in RFP Specs ln: ludes main drain grale repl, cements
TOTAL $ 35,654.00 $
5, .815.00
Annual Total Maintenance Fee: TOTAL AMOUNT IN WORDS:

Fifty lwo thousand eight hundred fifteen
_____________________________ O.OLLARS and
zero _____________ CENTS
Per-Hour Fee Mon-Fri Per-Hour Fee for
(Regular Work Hours Overtime Hours
Callout Fee Weekends and 7:00 A.M. to 6:00 Holidays P.M.) One (1) Service Technician, $
236.00
$
354.00
One (1) Vehicle
Bidding Contractor's Signature:_&--------''--------------□ ate : 10l20l2D2S Bidding Contractor's Title :_rn_re_a_o_r o_r_o_p_e,_a1_1o_n_s ______ _ 31 November 18, 2025, Item #3
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
November 18, 2025
Honorable Mayor and Members of the City ~1'Ccil
Eric Heidemann, Director of Public Works ~

CITY COUNCIL
Troy De Priest, Assistant Director of Public Works for Utilities -(DV (858) 668-4750 or [email protected]
Award of Agreement to Alpha Analytical Laboratories, Inc., for Potable Water Analytical Laboratory Services, RFP No. 26-006
A request for proposals (RFP) for Potable Water Analytical Laboratory Services, RFP No. 26-006, was duly advertised on September 4 and September 11, 2025. Three (3) proposals were received on October 2, 2025. Staff reviewed the proposals submitted and recommend Alpha Analytical Laboratories, Inc., (Alpha Labs) as the consulting firm to provide the Potable Water Analytical Laboratory Services for the City of Poway (City). Staff determined Alpha Labs best meets the evaluation criteria and addresses the needs of the City. The length of this Agreement shall be two (2) years beginning on December 1, 2025, through November 30, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.

Recommended Action:

It is recommended the City Council award the Agreement for Potable Water Analytical Laboratory Services, RFP No. 26-006, to Alpha Analytical Laboratories, Inc., and authorize the City Manager to execute the necessary documents.

Background
The City operates and maintains a public water system (PWS), which includes a conventional water treatment plant, raw water storage at Lake Poway, and the potable water distribution system comprised of tanks, pipelines, pumps, pressure control valves and various other appurtenances. PWSs in California are regulated by the State Water Resources Control Board's (SWRCB) Division of Drinking Water (DOW) which is responsible for ensuring the safety of drinking water and compliance with state and federal standards.

DOW requires PWSs to conduct ongoing sampling and testing by a state-certified Environmental Laboratory Accreditation Program (ELAP) laboratory to confirm that the water the City supplies is safe, clean, and meets both state and federal regulations. The City collects over 60,000 samples annually 1 of 19
November 18, 2025, Item #3
for
various
analyses
. While
some
operational
water
quality
tests
are
performed
by
City
staff,
the
majority
require
ELAP
certified
training
and
equipment
that
are
more
economically
performed
by
a
private
laboratory.

There
is
a
specialized
market
for
laboratories
that
provide the
services
required
for
this
agreement;
services
such
as
strong
data
management
capabilities,
high-quality
results
and
fast
turnaround
times
for
standard
analyses,
sampling
logistics,
chain-of-custody
assistance,
and
regulatory compliance
guidance.

Discussion: City
staff
prepared
a
detailed
RFP
to
select
and
retain
a
qualified
consultant
for
Potable
Water
Analytical
Laboratory
Services
. The
RFP
was
advertised
on
September
4 and
September
11 , 2025.

The
City
received
three
(3)
proposals
on
October
2,
2025
. An
evaluation
committee
consisting
of
staff
from
the
Department
of
Public
Works
reviewed
the
proposals
based
on
criteria
set
forth
in
the
RFP,
which
included
thoroughness
of
the
proposal,
firm
and
project
team
qualifications,
project
understanding
and
approach,
and
project
experience.

Although
the
proposed
fees
were
reviewed
to
confirm
proposers
understood
the
scope
of
the
project
, the
City
is
not
required
to
select
the
lowest
fee
proposal
for
professional
services
agreements.

While
Alpha
Analytical
Laboratories
proposal
fee
is
higher
in
cost,
its
local
proximity
offers
significant
operational
advantages
, includ
ing
reduced
risk
of
compliance
delays
during
resampling
and
enhanced
responsiveness
during
urgent
or
unscheduled
monitoring
events.

In
addition,
this
proximity
makes
Alpha
Lab's
proposal
relatively
cost-effective
when
considering
the
expected
labor
and
operational
costs
associated
with
transporting
emergency
samples
to
the
more
distant
laboratories.

These
factors
provide
substantial
monetary
and
non-monetary
value
consistent
with
the
City's
priority
for
reliable,
compliant,
and
efficient
water
quality
monitoring
. The
table
below
alphabetically
lists
the
proposed
not-to-exceed
base
fees
from
the
responsive
proposers:

Table
1:

RFP
26-006,
Potable
Water
Analytical
Laboratory
Services
Responsive
Proposers
Proposer
City
Total
Fee
for
Base
Scope
Alpha
Analytical
Laboratories,
Inc.

Vista,
CA
$135,183
Babcock
Laboratories,
Inc.

Riverside,
CA
$107
,200
Eurofins
Eaton
Analytical,
LLC
Pomona,
CA
$111
,040
As
a result
of
the
proposal
evaluation,
the
evaluation
committee
determined
Alpha
Labs
provided
the
most
comprehensive
and
best
-value
proposal
, had
a clear
understanding
of
requirements,
exhibited
unique
knowledge
of
the
City
, and
precisely
defined
the
approach
and
methodology
to
accomplish
the
City's
goals.

Alpha
Labs
is
a
comprehensive
ELAP
certified
lab
equ
ipped
with
advanced
instrumentation,
strong
regulatory
expertise,
high-performance
data
management
systems,
and
specializing
in
the
analysis
of
drinking
water
and
wastewater.

They
come
highly
recommended
and
are
contracted
with
multiple water
agencies
in
the
San
Diego
region.

Additionally,
Alpha
Labs
has
been
serving
as
the
interim
laboratory
for
the
City's
analytical
and
water
quality
testing
needs
since
late
June
2025,
when
the
previous
laboratory
vendor informed
City
staff
it
could
no
longer
provide
services
due
to
a branch
closure.

During
this
time
Alpha
Labs
has
consistently
delivered
accurate
and
timely
results
. Continuing
this
partnership
with
them
ensures
continuity
,
leverages
their
deep
familiarity
with
the
City's
systems
and
standards
, and
allows
for
a
smoother,
more
efficient
transition
with
minimal
disruption
to
ongoing
operations.

Alpha
Labs'
services
,
proximity
and
availability
have
recently
been
instrumental
in
ensuring
the
City
remains
in compliance
2 of
19 November 18, 2025, Item #3
with
all
applicable
regulatory
standards.

Securing
this
agreement
is
critical
to
maintaining
regulatory
compliance
and
protecting
the
City's
drinking
water
.

Environmental
Review:

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

Fiscal
Impact:

Sufficient
funds
are
budgeted
in
Fiscal
Year
2025-26
Water
Supply,
Treatment
and
Storage
budget
(402060-41200)
for
these
services
. The
Water
Enterprise
Fund
(FS
100)
is
the
funding
source
for
the
Water
Supply,
Treatment
and
Storage
division
budget.

The
City
proactively
plans
for
regulatory
required
services
as
part
of
the
budget
development
process.

Public
Notification:

None. Attachments: A.

Standard
Agreement
Reviewed/Approved
By:

Assistant
City
Manager
3 of
19 Reviewed
By:

Alan
Fenstermacher
City
Attorney
chrisHetine City
Manager
November 18, 2025, Item #3
City
of
Poway

STANDARD

AGREEMENT
FOR

SERVICES
This

AGREEMENT,
entered
into
this
1st
day
of
December,
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"CITY")
and
ALPHA

ANALYTICAL

LABORATORIES,
INC.,
(hereinafter
referred
to
as
"CONSULTANT").

RECITALS

WHEREAS,
CITY desires
to
obtain
the
services
of
a
private
consultant
to
perform
Potable
Water
Analytical
Laboratory
Services
(PROJECT);

WHEREAS
, CONSUL
TANT
is
a(n)
state-certified
Environmental
Laboratory
Accreditation
Program
laboratory
and
has
represented
that
CONSUL
TANT
possesses
the
necessary
qualifications
to
provide
such
services;
and

WHEREAS,
CITY
has
authorized
the
preparation
of
an

AGREEMENT
to
retain
the
services
of
CONSUL
TANT
as
hereinafter
set
forth.

NOW,

THEREFORE,
IT
IS

MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE

FOLLOWING
TERMS
AND
CONDITIONS:

1. Scope
of
Services.

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

2. Compensation
and
Reimbursement.

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

3. Term
of
Agreement.

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

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

Termination
without
cause shall
be
effective
only
upon
60-day
written
notice
to
Consultant.

During
said
60-day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.

Termination
4 of
19 ATTACHMENT
A
November 18, 2025, Item #3
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.

Such
termination
shall
be
effective
upon
delivery
of
said
notice.

5. Confidential
Relationship.

City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.

Consultant
shall
treat
all
such
information
as
confidential
, whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City
. Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization
, to
the
extent
necessary
to
perform
the
services.

The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party
.

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

6. Office
Space
and
Clerical
Support.

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

7. Covenant
Against
Contingent
Fees.

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

8. Ownership
of
Documents.

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

9. Conflict
of
Interest
and
Political
Reform
Act
Obligations
.

During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests'
conflict
in
any
way
with
those
of
the
City
of
Poway.

Consultant
shall
at
all
times
comply
with
the terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code
. Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.

Consultant
s
of19
November 18, 2025, Item #3
represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

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

No disclosure required.

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

Eric Heidemann, Director of Public Works

10. No Assignments.

11. Maintenance
of
Records.

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

12. Independent
Contractor.

At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.

City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.

13. Licenses,
Permits,
Etc.

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

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

14. Consultant's
Insurance.

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

15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.

For
7 of
19 November 18, 2025, Item #3
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys
'
fees
to
the
extent
caused
by
Consultant's
negligence.
( c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents
, employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable
, the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts
, disabi
lity
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining
; however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs
,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15 (a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section

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

16. Assumption
of
Risk.

Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person
, goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
of
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17 .

Consultant
Not
an
Agent.

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

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

18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.

The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
City
projects. 8
of19
November 18, 2025, Item #3
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.

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

19. Notices.

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

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

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

21. Gender.

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

22. • Counterparts.

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

23. Entire Agreement.

This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of 19
November 18, 2025, Item #3

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

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

Consultant
further
provides
that
in
the
event
Consultant
assigns
a retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
Section
7522.56.

A
copy
of
Government
Code
Section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Consultant
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Consultant
to
provide
services
to
City
has
been
misclassified.

25. Severability. If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if
possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank.)
10 of
19 November 18, 2025, Item #3
IN

WITNESS

WHEREOF
, the
parties
hereto
have
duly
executed
this

AGREEMENT
on
the
date
first
above
written.

CITY
OF
POWAY
By
: ___________
_
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk

APPROVED
AS
TO
FORM:

By:------------
Alan
Fenstermacher
, City Attorney
11 of
19 ALPHA

ANALYTICAL

LABORATORIES,
INC.

By:
___________
_
Jake
Keeney,
Project
Manager
November 18, 2025, Item #3
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.

Consultant agrees to perform potable water analytical laboratory and accompanying courier services as required by City, further described in the Scope of Services submitted with the proposal dated October 2, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.

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

B. Compensation and Reimbursement.

City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposal dated October 2, 2025, which are included in this document as Attachment 1. Total fee is not to exceed $135,183.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.

C. Term of Agreement.

This Agreement shall be effective from the period commencing December 1, 2025, and ending November 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon the written approval of both the City Manager and the Consultant. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than December 1, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages:

Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 12 of 19
November 18, 2025, Item #3
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

3. Insurance Certificates:

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

E. Notices.

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

To City:

To Consultant:
13 of 19
City of Poway .

Department of Public Works -Utilities
P.O. Box 789
Poway, CA 92074
Alpha Analytical Laboratories, Inc.
980 Park Center Drive, Suite C,
Vista, CA 92081
November 18, 2025, Item #3

ATTACHMENT
1 Fee
Schedule
-Alpha
Analytical
Labs
Project
Name:

Potable
Water
Analytical
Laboratory
Services,
RFP
No.26-006
Service/Parameter
Analysis
Method
Quantity
Unit
Fee
Total
Fee
Ammonia
as
N
SM4500-NH3
G
936
$
25 .00
$
23,400.00
Coliform
&
E.Coli,
Presence/Absence
SM9223B
936
$

18.00 $
16,848.00
Gen
Phys
Scan
(Color/Odor/Turb.)
SM2120F,EPA
140
.1,
SM2310B
313
$
45 .00
$
14,085.00
Heterotrophic
Plate
Count
SM9215E
Simplate
468
$
35 .00
$
16,380.00
Nitrate
as
N
HACH
10206
940
$
20 .00
$
18,800
.00
Nitrite
as
N
SM4500-NO2
B
936
$

20.00 $
18,720.00
Total
Coliform
& E
.Coli,
MPN
SM9223B
168
$
35 .00
$
5,880.00
SUVA
Calculation
EPA415.3
56 $

10.00 $
560
.00
DOC
(for
SUVA
Cale)
SM5310C
56 $
50 .00
$
2,800
.00
UV254
(for
SUVA
Cale)
SM5910B
56 $
65 .00
$
3,640.00
TOC
SM5310C
4 $

50.00 $
200.00
Phosphorus
SM4500
-P F
4 $
40 .00
$
160.00
Haloacetic
Acids
(HAAs)
EPA552.2
32 $
115.00
$
3,680.00
Trihalomethanes
(TTHMs)
EPA524.2
32 $

70.00 $
2,240.00
Copper
EPA200.8
31 $
15 .00
$
465.00
Lead
EPA200.8
31 $

15.00 $
465.00
Aluminum
EPA200.8
13 $

15.00 $
195.00
Langlier
Saturation
Index
Cale
.

SM2330B
4 $

15.00 $

60.00 Ryznar
Stability
Index
Calculation*
N/A,
RSI=
pH
-2(LSI)
4 $
-
$
-
Alkalinity
(All
Forms)
SM2320B
5 $
25 .00
$
125
.00
Calcium
EPA200.7
5 $

15.00 $

75.00 pH
SM4500-H+
B
5 $

10.00 $

50.00 Total
Dissolved
Solids
SM2540C
5 $
40 .00
$
200
.00
Aggressive
Index
Cale
. (Title
22)
AWWA
1 $
15 .00
$
15 .00
Hardness,
Total
Cale
SM2340B
1 $
15 .00
$

15.00 Chloride
EPA300.0
1 $

35.00 $

35.00 Surfactants
(MBAS)
SM5540C
1 $

70.00 $

70.00 Iron
EPA200.7
1 $

15.00 $
15 .00
Magnesium
EPA200.7
1 $
15 .00
$

15.00 Manganese
EPA200.8
1 $

15.00 $

15.00 Silver
EPA200.8
1 $
15 .00
$
15 .00
Sod
ium
EPA200
.7
1 $

15.00 $
15 .00
Conductivity
SM2510B
1 $
15 .00
$

15.00 Sulfate
EPA300.0
1 $
35 .00
$

35.00 Zinc
EPA200
.8
1 $
15 .00
$
15 .00
Antimony
EPA200.8
1 $
15 .00
$

15.00 Arsen
ic
EPA200.8
1 $

15.00 $

15.00 Barium
EPA200.8
1 $
15 .00
$

15.00 Beryllium
EPA200
.8
1 $
15 .00
$

15.00 Cadmium
EPA200.8
1 $
15 .00
$
15 .00
Chromium
EPA200
.8
1 $
15 .00
$
15 .00
Hexavalent
Chromium
EPA
218.7
1 $

95.00 $
95 .00
14 of
19 November 18, 2025, Item #3
Cyanide QuikChem 10-204-00-1-X 1 $ 65.00 $ 65.00
Fluoride EPA300.0 1 $ 35.00 $ 35.00
Mercury EPA245.1 1 $ 55.00 $ 55.00
Nickel EPA200.8 1 $ 15.00 $ 15.00
Perchlorate EPA314.0 1 $ 80.00 $ 80.00
Selenium EPA200.8 1 $ 15.00 $ 15.00
Thallium EPA200.8 1 $ 15.00 $ 15.00
Volatiles (DDW Reg.VOCs) EPA524.2 1 $ 150.00 $ 150.00
1,2,3-Trichloropropane (SOC) EPA524.2M 1 $ 150.00 $ 150.00 2,3,7,8-TCDD Dioxin-SUB (SOC) EPA 1613 1 $ 450.00 $ 450.00 EDB/DBCP (SOC) EPA504.1 1 $ 100.00 $ 100.00
NP Pesticides (SOC) EPA507 1 $ 150.00 $ 150.00
Chlorinated Pesticides & PCBs (SOC) EPA508 1 $ 150.00 $ 150.00 Chlorinated Herbicides (SOC) EPA515.3 1 $ 150.00 $ 150.00 Semivolatiles DDW Regulated 5 (SOC) EPA525.3 1 $ 150.00 $ 150.00 Carbamate Pesticides (SOC) EPA 531.1 1 $ 150.00 $ 150.00 Glyphosate (SOC) EPA547 1 $ 150.00 $ 150.00
Endothall (SOC) EPA548.1 1 $ 150.00 $ 150.00
Diquat (SOC) EPA549.2 1 $ 150.00 $ 150.00
Asbestos-SUB EPA 100.2 1 $ 350.00 $ 350.00
Gross Alpha-SUB EPA900.0 1 $ 115.00 $ 115.00
Radium 226-SUB EPA903 1 $ 150.00 $ 150.00
Radium 228-SUB EPA904 1 $ 250.00 $ 250.00
Cryptosporidium-SUB (as-needed) EPA 1623 1 $ 1,200.00 $ 1,200.00 Handling & Disposal (Per Sample ID) N/A 1015 $ -$ -
CLIP Upload (Per uploaded SID) N/A 80 $ -$ -
Courier fee (Weekday, <1 hr per day) N/A 52 $ 25.00 $ 1,300.00 Total Annual Cost of Service $ 135,183.00
*RSI Calculation not available in system, will be calculated from LSI result for no charge.

Weekly Courier pickups take less than 1 hou.r so both hourly and per-day Courier fee are fixed at $25/day.

As-Needed after hours courier service is offered at the same $25 rate as weekdays.

Standard report TAT is 10 business days, 7-day Rush TAT provided at no charge for all weekly samples to meet reporting deadline on the 10th of the following month.

Rush TAT Analysis Surcharge scale:
9-day:5%0%
8-day:16%0%
7-day:75%0%
6-day: 20%
5-day: 25%
4-day: 40%
3-day: 50%
2-day: 75%
1-day: 100%
15 of 19
November 18, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.

Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person rece1vmg pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
16 of 19
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with November 18, 2025, Item #3
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
17 of 19
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the.Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.

November 18, 2025, Item #3
( 4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Sections 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.

History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes
Amendments:

Note-
• Amendments:
2013 Amendment:

Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
18 of 19
November 18, 2025, Item #3

WORKERS'

COMPENSATION

INSURANCE

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

Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows
:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways
:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure
,
either
as
an
individual
employer
,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensat
ion
that
may
become
due
to
his
employees."
19 of
19 November 18, 2025, Item #4
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
November 18, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceslf
Cassie Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]

CITY COUNCIL
Award of Contract to AB. Hashmi, Inc., for the FY 2024-25 ADA Barrier Removal - Buckley Street Phase I Project, Bid No. 26-004, and Determination the Project is Categorically Exempt from the California Environmental Quality Act This action will award a construction contract for the FY 2024-25 Americans with Disabilities Act (ADA) Barrier Removal -Buckley Street Phase I project to AB. Hashmi, Inc., the lowest responsive and responsible bidder. This project consists of ADA upgrades at the Buckley Street entrance to Community Park in the City of Poway. The project includes the construction of a new ADA compliant pathway as well as ADA compliant picnic and barbeque areas along the new pathway.

Recommended Action:

It is recommended the City Council:
1) Award the contract for the FY 2024-25 ADA Barrier Removal -Buckley Street Phase I project to A.B. Hashmi, Inc., in the amount of $85,610.00, and authorize the City Manager to execute the contract (Attachment A);
2) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).

Discussion:

The FY 2024-25 ADA Barrier Removal -Buckley Street Phase I project is fully funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and allocates funds to the City. As a requirement of this grant, the City allocates and expends funds for the approved project, which are then submitted to the County for reimbursement. The General Fund (F1000) will provide temporary loans to the CDBG Fund as applicable in the interim to pay for the project.

This project consists of ADA upgrades at the Buckley Street entrance to Community Park in the City of Poway. The project includes the construction of a new ADA compliant pathway as well as ADA compliant picnic and barbeque areas along the new pathway. Enhancing ADA accessibility and 1 of 12
November 18, 2025, Item #4
connectivity at Community Park was a recommendation of the Community Park Needs Assessment.

Bids were opened on October 1, 2025. A total of nine bids were received for the construction contract, ranging as follows:

Company Total Bid Amount
AB. Hashmi, Inc. $85,610.00
RAC Construction & Engineering, Inc. $86,260.00
SAVI ·construction, Inc. $88,055.00
Dick Miller Inc. $111,851.00
LC Paving & Sealing, Inc. $115,180.00
Western State Builders, Inc. $116,817.00
Tri-Group Construction and Development Inc. $117,890.00 Fordyce Construction $119,678.00
Prestige Concrete $135,571.80
The lowest bid of $85,610.00, submitted by AB. Hashmi, Inc., was determined to be responsive and meets the requirements of the bid specifications. The contract time for this project is 25 working days with an engineer's estimate of $120,000.00.

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:

Adequate funding in the amount of $156,079.00 is available to award the contract at the noted amount in the FY 2024-25 ADA Barrier Removal -Community Park project (PK030) and will be reimbursed by the County of San Diego when the City receives the CDBG fund allocation. The City proactively planned for this project as part of the development process for the Fiscal Year 2025-26 budget, with funds appropriated from the Community Development Block Grant Fund (2410).

Public Notification:

None.

Attachments:

A Construction Contract
2 of 12
November 18, 2025, Item #4
Reviewed/Approved By:

Assistant City Manager
3 of 12
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch@!:p,
City Manager
November 18, 2025, Item #4

SECTION
8 CONSTRUCTION

CONTRACT
CITY
OF
POWAY
FY
2024-25
ADA

BARRIER

REMOVAL
-

BUCKLEY
STREET
PHASE
I
This
Contract
made
and
entered
into
this
19 th
day
of
November,
2025,
by
and
between
City
of
Poway,
a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
A.B.

Hashmi,
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
consists
of
Americans
with
Disabilities
Act
(ADA)
upgrades
at
the
Buckley
Street
entrance
to
Community
Park
in
the
City
of
Poway.

The
project
includes
the
construction
of
a
new
ADA
compliant
pathway
as
well
as
ADA
compliant
picnic
and
barbeque
areas
along
the
new
pathway
.

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.
4 of
12 ATTACHMENT
A
November 18, 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
$85,610.00
the
"Contract
Price."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.

6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
within
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed,
and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
25 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
5 of
12 November 18, 2025, Item #4
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and
§ 1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.

Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.
12 .

Contractor
will
comply
with
the
provisions
of
Labor
Code
§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.

13. Contractor,
by
executing
this
Contract,
hereby certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.

The
City,
its
officers,
or
employees,
will
not
be
responsible
for
any
claims
in
law
or
equity
occasioned
by
failure
of
the
Contractor
to
comply
with
this
paragraph
."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
14 .

Contractor
shall,
concurrent with
the
execution
of
this
Contract,
furnish
two
bonds
approved
by
the
City
, one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price,
to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond"),
and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond").

This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City.

15. a.

Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
of
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
6 of
12 November 18, 2025, Item #4
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occu
rrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers,
employees,
servants
,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.

Contractor
shall
further
procure
and
maintain
at
its
expense,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.

If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.

This
provision
shall
not
apply
if
Contractor
has
no
employees
performing
work
under
this
Agreement.

Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City,
and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same.

Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements.
o
Contractor
carries
workers'
compensation
insurance
for all
employees.
d.

All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings.
e.

Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.

Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for ensuring
that
such
coverage
is
provided
in
conformity
with
the
requirements
of
this
Section.
f.

In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
ma
intain
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
7 of
12 November 18, 2025, Item #4
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.

16. a.

Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein.

Certificates
of
such
insurance
shall
be
filed
with
the
City.
on
or
before
commencement
of
performance
of
this
Agreement.

Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City.
b.

Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.

Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
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,
8 of
12 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
b.

The
City
does
not,
and
shall
not,
waive
any
rights
that
it may
have
against
Contractor
under
this
Section
because
of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance policy
or
certificate
required
pursuant
to
this
November 18, 2025, Item #4
Agreement.

The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein
.

18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing
executed
by
the
Contractor
and
the
City.

Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.

19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.

20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.

21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.

22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.

23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances
.

24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.

25. After
completion
of
the
work
contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms
supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
the
provision
of
the
laws
of
the
State
of
California.

26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
9 of
12 November 18, 2025, Item #4
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
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
1 O
of
12 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.

The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.

Subsurface
or
latent
physical
conditions
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,
November 18, 2025, Item #4
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.

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.
11 of
12 City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor
,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however
, that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage
,
repairs
may
be
made
without
notice
being
sent
to
Contractor
, and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
November 18, 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:

AB.

Hashmi.

Inc.

By:
-------------
Signature Print
Name
Contractor
information:

Address
for
Notices
and
Payments
13066
Deer
Canyon
Court
San
Diego,
CA
92131
Telephone
Number:
760-672-8059
Email:
[email protected]
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk

APPROVED
AS
TO
FORM:

RUTAN
&

TUCKER,
LLP
Alan Fenstermacher,
City
Attorney
12 of
12 CITY
OF
POWAY
a
Municipal
Corporation
Chris
Hazeltine,
City
Manager
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA RE PQ RT City of Poway
November 18, 2025
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk �
Ellis Webster, Deputy City Clerk
(858) 668-4533 or [email protected]

CITY COUNCIL
Approval of Agreement with Corodata Records Management, Inc. for Professional Records Storage and Management Services
This action will approve an agreement for professional records storage and management services for the City of Poway. Services include records storage, barcoding, automated tracking, retrieval, delivery and destruction services. The length of the initial agreement is two (2) years beginning November 19, 2025, through November 18, 2027. The agreement may be extended subject to City Manager approval for a total of three (3) separate one-year extensions.

Recommended Action:

It is recommended the City Council approve the agreement with Corodata Records Management, Inc. for professional records storage and management services and authorize the City Manager to execute the necessary documents.

Discussion:

The City of Poway maintains a Records Management Program, which consists of a City Council approved Records Management Policy and Records Retention Schedule per California Government Code section 340890 et seq. Objectives of the program include ensuring compliance with California state law, utilizing consistent record keeping systems, and controlling costs.

Due to the high volume of records maintained in accordance with the Records Retention Schedule, the City contracts with Corodata Records Management, Inc. (Corodata) to manage its digital inventory lists, as well as offsite records and document storage. Corodata's services include records storage, climate-controlled records storage, barcoding, inventory management, automated tracking, retrieval, delivery, and destruction services. The City currently stores over two thousand boxes with Corodata throughout their San Diego County facilities. The City's last multi-year agreement with Corodata has expired.

The City is seeking a new multi-year agreement with Corodata. Significant work has gone into 1 of 17
November 18, 2025, Item #5
establishing the existing record inventory and cataloging system with Corodata. Staff is recommending, as permitted in the Poway Municipal Code (PMC) Chapter 3.28 (Purchasing), the formal bidding procedures be waived for professional records storage and management services, as the process would not likely result in a lower price to the City, if anything there would be additional direct and indirect costs to transitioning to a new vendor for these services. Therefore it is not in the best interest of the City to formally bid these services.

The length of the initial agreement, if approved, would be two (2) years beginning November 19, 2025, through November 18, 2027. The agreement may be extended subject to approval by the City Manager for a total of three (3) separate one-year extensions. The maximum length of the Agreement would be up to five (5) years. The total annual fee for the first year of the agreement is not to exceed $25,250. Per the terms of the proposed agreement, the total not to exceed amount may be increased by up to 3% each year.

Environmental Review:

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

Fiscal Impact:

The Fiscal Year (FY) 2025-26 adopted budget includes sufficient funding in the City Clerks, other contractual services account (101010-41200) to award the contract in the amount of $25,250.00, which may be increased up to 3% annually starting in year 2 upon approval by the City Manager. The length of the initial Agreement is two (2) years beginning November 5, 2025, through November 4, 2027. The Agreement may be extended subject to approval by the City Manager for a total of three (3) separate one-year extensions. If all options are exercised, the total contract amount for a maximum five-year period is not to exceed $134,055.69.

Public Notification:

None.

Attachments:

A. Standard Agreement
Reviewed/Approved By:

Assistant City Manager
Reviewed By:

Alan Fenstermacher
City Attorney
Approved BY.·
��2
Ch�
City Manager
2 of 17
November 18, 2025, Item #5
1 Revised August, 2025
City of Poway

STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 19th day of November, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and Corodata Records Management Inc., (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform professional records storage and management services for the City of Poway archival records (Project);
WHEREAS, Consultant is an independent records management company and has represented that Consultant possesses the necessary qualifications to provide such services; 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 s
hall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.

3. Term of Agreement.

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

4. Termination .

This Agr
eement 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 delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.

5. Confidential Relationship.

ATTACHMENT A
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November 18, 2025, Item #5
2 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 t hereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

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

6. Office Space and Clerical Support.

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

7. Covenant Against Contingent Fees.

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

8. Ownership of Documents.

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

9. Conflict of Interest and Political Reform Act Obligations.

During t
he term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant 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. 4 of 17
November 18, 2025, Item #5

3 “Consultant” means an individual who, pursuant to a contract with a state or local agency:

(A) Makes a governmental decision whether to:

1. Approve a rate, rule or regulation;

2. Adopt or enforce a law;

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

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

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

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

7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or

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

DISCLOSURE DETERMINATION:

1. Consultant/Contractor will not be “making a government decision” or “serving in a staff capacity” as defined in Sections A and B above.

No disclosure required.

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

_________________________________________________
Carr
ie Gallagher, City Clerk

10. No Assignments.

11. Maintenance of Records.

Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 17
November 18, 2025, Item #5
□
4 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.

12. Independent Contractor.

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

13. Licenses, Permits, Etc.

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

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

14. Consultant's Insurance.

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

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

16. Limitation of Liability.
(a) Notw
ithstanding the provisions of Section 15, above, City understand and agrees that only Consultant lacks knowledge of the contents of containers to be stored by it under this Agreement, and City is responsible for determining what the insurable interest is for the contents of the containers. Therefore, City agrees the Consultant’s liability, if any, for any loss, damage, destruction or unauthorized access to records is limited to $2.00 per container, which City hereby agrees is the stated value of the contents of each container, unless excess valuation has been included by amendment to this Agreement and paid for by City. Further, City hereby understands and agrees that (except as otherwise provided in Section 15 and this Section 16) Consultant shall not be liable for any loss of profit or special, indirect, incidental or consequential damages of any kind, arising out of the loss of the contents of City’s containers. (b) In addition to the foregoing and subject to the provisions of Section 16(a), City agrees (1) except for the negligence or willful misconduct of Consultant, that Consultant shall not be liable for any loss, damage, destruction or unauthorized access to City materials in transit, or to items which may receive sudden and accidental damage in excess of the limitations expressed herein; (2) Consultant shall not be liable for any loss, damage or destruction to the materials stored by City, or unauthorized access, unless such loss, or damage, destruction or unauthorized access resulted from the failure by Consultant to exercise such care in regard thereto as a reasonably careful person would exercise in like circumstances; and (3) except for the negligence or willful misconduct of Consultant, that Consultant is not responsible for the repair, replacement or restoration of lost, damaged or destroyed property.

17. Delivery and Removal; Access to City Records; Relocation of City Records. (a) The rec
ords and other materials being stored by Consultant (the “Stored Material”) and information contained therein shall be delivered to City’s authorized representatives. City represents that its authorized representatives have full authority to order any service for or 7 of 17
November 18, 2025, Item #5

6 removal of the Stored Material, and to deliver and receive such. Such order may be given via telephone, electronically, fax, in writing or in person. Consultant shall not be liable to City by granting access to the Stored Material to any person designated by City, in writing, as an authorized representative.

(b) When Stored Material is ordered out, Consultant shall be given a reasonable time to carry out said instructions, and if it is unable to do so (or to provide any other service herein contemplated) because of, including, but not limited to , acts of God or public enemy, seizure or legal process, natural disasters, strikes, lockouts, riots and civil unrest, or other reason beyond Consultant’s reasonable control or because of loss, damage or destruction of Stored Material for which Consultant is not responsible, or because of any other excuse provided by law, Consultant shall not be liable for failure to carry out such instructions or services.

(c) In the event of a default by City hereunder, Consultant reserves the right to deny access to or delivery of the Stored Material until such time as City has cured such Default under this Agreement.

(d) Consultant may charge a permanent removal fee in addition to any other accrued charges when Stored Material is withdrawn from storage or upon termination of this Agreement.

(e) Consultant must deliver all boxes permanently removed but not destroyed as instructed by City, at City’s expense.

18. Assumption of Risk.

Except for injuries to persons caused by the willful misconduct of any Indemnitee 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 Indemnitees 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.

19. 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.

20. 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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7 21. Notices.

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

22. Governing Law, Forum Selection and Attorneys’ Fees.

This Agr
eement 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 proces s 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.

23. 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.

24. Counterparts.

This Agr
eement (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.

25. Entire Agreement.

This Agr
eement 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.

26. Certification and Indemnification Regarding Public Employees’ Retirement Law/Pension Reform Act of 2013.

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

Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in 9 of 17
November 18, 2025, Item #5
8 full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit “B.”
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.

27. 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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November 18, 2025, Item #5
9 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.

CITY OF POWAY CONSULTANT
By: _________________________ By: _______________________________ Chris Hazeltine, C ity Manager Ken Stender, Vice President / General Manager
Date: ______________________ Date: ____________________________ ATTE
ST:

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

By: _________________________________
Alan Fenstermacher, City Attorney
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November 18, 2025, Item #5
1 "SPECIAL
PROVISIONS"
EXHIBIT "A"
A. Scope of Ser
vices.

Consultant
agrees to perform consulting services as required by City, which shall consist of the professional records storage and management services further described in the Scope of Services submitted with the proposals dated October 16, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.

B. Compensation and Reimbursement.

City s
hall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated October 16, 2025, which are included in this document as Attachment

1. Total fee is not to exceed $25,250. The total not to exceed amount may be increased by up to 3% each year, including each of the three additional one-year periods upon approval in writing of the City Manager and Consultant. 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.

C. Term of Agreement.

This Agr
eement shall be effective from the period commencing November 19 , 2025, and ending November 18, 2027 unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.

D. Consultant's Insurance.

1. Coverages :

Consultant
shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability , including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 12 of 17
November 18, 2025, Item #5

2 (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.

2. Endorsements:

Endorsements shall be obtained so that each policy contains the following three provisions:

(a) Additional Insured . (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.)

"City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."

(b) Notice.

"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."

"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:

E. Notices.

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

To City: City of Poway
P.O. Box 789
Poway, CA 92074

To Consultant: Corodata Records Management Inc.
12375 Kerran Street
Poway, CA 92064

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November 18, 2025, Item #5
Current rates through:

October 31, 2026
Rates effective:

Nov 1, 2026
Schedule A
Storage
Minimum Storage Billing
Record Storage Carton
Prices in $USD

63.25 .32 /30 days
Prices in $USD

65.15 .33 /30 days
Wardrobe Box
Climate Control Carton

6.10 /30 days

5.50 /30 days

6.28 /30 days

5.67 /30 days
Services
Retrieve File for Delivery

3.35 ea 3.45 ea
Carton Added & Data Entry
Filefolder Added
Retrieve Carton for Delivery
Refile Carton
Refile Filefolder
Search for File
Permanently Out Carton
Dock Access
Copying Service (per page)
Special Project Labor Charge
Destroy Container
Digital Services Package

2.50 ea

1.45 ea

2.95 ea

3.15 ea

3.35 ea

3.20 ea

7.75 ea
.00 ea

1.10 ea

48.50 per hour

7.70 ea

4.95 per month

2.58 ea

1.49 ea

3.04 ea

3.25 ea

3.45 ea

3.30 ea

7.98 ea

0.00 ea

1.13 ea

49.96 per hour

7.93 ea

4.95 per month
Materials
Record Storage Carton w/ Lid

3.50 ea 3.61 ea
Cor-O-Seal (pack of 20)
Plan Boxes (8 x8 x 42)

19.35 ea

7.35 ea

19.93 ea

7.57 ea
Delivery
Pickup/Deliver Standard Crtn

3.25 ea 3.35 ea
Pickup/Deliver Non-Standard Crtn
Pickup/Deliver Filefolder

5.30 ea

1.70 ea

5.46 ea

1.75 ea
Trip Charge
Trip Chg 26.50 per trip 27.30 per trip
Trip Chg & Rush Rtvl - 4hr 39.56 per trip 5.00 ea 5.15 ea Trip Chg & Rush Rtrvl - 2hr 53.60 per trip 5.00 ea 5.15 ea 2 Hour Rush Retrieval 14.00 per trip 5.00 5.15
Note: Client agrees to pay charges for all necessary services provided by Corodata in its discretion to complete Client’s service request.

Permanent removal and destruction services may include separate charges for retrieval and dock access. Pricing for additional services not listed above and for
non-paper items will be provided at then-current rates. Corodata reserves the right to apply a 6 percent energy charge to each invoice. Rush deliveries are limited to 10 items. 20000843998 Page 1 of 1
10/16/2025Date:

Energy Charge (per unit) 6% 6%
Attachment 1
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November 18, 2025, Item #5
1:-:1corodata
Records Management, Inc.

1 Revised August, 2025
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.

(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)
(1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 15 of 17
November 18, 2025, Item #5
§
Cal Gov Code § 7522.56

2 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:
(1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (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. 16 of 17
November 18, 2025, Item #5
Cal Gov Code § 7522.56

3 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System Il who is assigned to serve in a court pursuant to Section 68543.5.

History

Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.

Annotations
Notes

Amendments:

Note—

Amendments:

2013 Amendment:

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

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November 18, 2025, Item #6
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
November 18, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Serviceq
Wante Lu, Assistant Engineer
858-668-4654 or [email protected]

CITY COUNCIL
Approval of Parcel Map for Tentative Parcel Map 24-0001 (Martincoit Urban Lot Split); TSAC Engineering, Applicant (APN 275-271-29)
The final Parcel Map for Tentative Parcel Map (TPM) 24-0001 is ready for approval. This map subdivides one parcel totaling 2.30 acres into two single-family residential lots located at 16001 Martincoit Road. The proposed final Parcel Map implements a state-mandated Senate Bill-9 (SB-9) Urban Lot Split, which means the City has no discretion to deny approval, provided the map meets specific state law criteria.

Recommended Action:

It is recommended the City Council approve the final Parcel Map for TPM 24-0001 and direct its recordation.

Discussion:

Background:

The California Subdivision Map Act outlines a two-step process for subdivision of land. Generally, the first step is a quasi-judicial public hearing to consider the tentative map or the tentative parcel map for four or fewer parcels. This step involves evaluating a project for alignment with existing objective standards, conditions and policies. After a hearing and evaluation of the evidence, a written decision or resolution is adopted based on evidence presented.

The second step is consideration of the final parcel map which is the technical document showing the distance and bearings for each property line of the parcels included in the tentative (parcel) map. This action is ministerial, meaning state law requires approval of any final parcel map conforming to the approved tentative parcel map and conditions of approval. A "ministerial action" refers to an act performed by a government official or employee that strictly follows established rules and procedures, without requiring any personal judgement or discretion; essentially, they are simply carrying out a duty as outlined by law, with no room for individual decision-making. In other words, if 1 of 9
November 18, 2025, Item #6
procedures, without requiring any personal judgement or discretion; essentially, they are simply carrying out a duty as outlined by law, with no room for individual decision-making. In other words, if the specific requirements are met, the map must be approved. Recording the final parcel map is the last step in creating a new parcel.

In recent years, the State legislature has enacted several new housing laws designed to expedite housing production. SB-9 amended Section 66452.6 and added Sections 65852.21 and 66411.7 of the California Government Code. Effective January 1, 2022, local agencies are required to ministerially approve -at the staff level, without a public hearing-the split of a single-family parcel into two parcels if minimum criteria set by the State is met. Properties qualifying for an Urban Lot Split and applicable requirements are further described in the attached SB-9 Developments & Urban Lot Splits: General Information handout (Attachment A). In accordance with the California Government Code 66411.7, a provision of SB-9, the tentative parcel map for an SB-9 lot split is required to be approved by staff ministerially and without public hearing.

Project Detail:

This project meets the criteria for an SB-9 Urban Lot Split as it subdivides an existing residential parcel into two residential parcels and meets State criteria. In accordance with State law, TPM 24-0001 was approved ministerially on November 27, 2024.

While the TPM was not permitted to be considered for approval by the City Council, the final parcel map is coming to the City Council for approval to comply with Poway Municipal Code (PMC). Pursuant to State Law, the City Council must approve the final parcel map if it complies with State criteria and the TPM's conditions. Staff has determined it does.

The existing residential parcel is located on the south side of Martincoit Road and on the west side of Highlands Terrace. The project site is shown on the vicinity map included as Attachment B. The existing parcel has a gross area of 100,188 square feet and is located within the Rural Residential-B zone. The parcel map creates two parcels with a net area of approximately 51,837 and 35,719 square feet each.

The approved TPM meets the front and street side yard setback requirements of the PMC. California Government Code 65852.21 permits rear and interior yard setbacks to be reduced to four feet for qualifying projects. Access is provided through the existing 20-foot-private roadway.

The Final Parcel Map, as shown in Attachment C, is in submittal conformance (per the California Subdivision Map Act) with the approved TPM. All conditions of approval prior to recordation of the Final Parcel Map have been addressed.

Environmental Review:

This action is not subject to review under the California Environmental Quality Act (CEQA). The adoption of the final Parcel Map is identified as a type of ministerial permit and is exempt from the CEQA State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15268(b)(3) no environmental review is permitted.

Fiscal Impact:

There is no Fiscal Impact as a result of this action.
2 of9
November 18, 2025, Item #6
Public Notification:

The approval of a final Parcel Map is a ministerial action which is routine and required by law. State law and the Poway Municipal Code do not require public notice for ministerial actions.

Attachments:

A. SB-9 Developments and Urban Lot Splits: General Information B. Vicinity Map
C. Parcel Map 24-0001
Reviewed/Approved By:

Assistant City Manager
3 of9
Reviewed By:

Alan Fenstermacher
City Attorney
Approved By:

Ch~
City Manager
November 18, 2025, Item #6
CITY
OF
POWAY

DEVELOPMENT

SERVICES

DEPARTMENT
SB
9 Developments
&
Urban
Lot
Splits:

General
Information
What
does
Senate
Bill
9 (SB
9)
do?
The
Bill
mandates
jurisdictions,
like
the
City
of
Poway
, to
minister
ially
approve
a
housing
development
containing
no
more
than
two
(2)
single-family
dwelling
(SFD)
units
on
a
single
lot
within
a
single-family
resident
ial
zone,
exclud
ing
certain
areas
.

It
also
allows
Accessory
Dwelling
Units
(ADUs)
and
Junior
Accessory
Dwelling
Units
(JADUs)
1 on
lots
with
SFDs
.

Additionally
, the
City
must
ministerially
process
an
urban
lot
split
in
accordance
with
SB
9 and
eligible
development
standards
.

How
do
I apply
and
obtain
permits
for
a
SB
9 development
and
Urban
Lot
Split?
For
housing
development,
hire
a
designer
or
architect
to
prepare
a
building
set
of
plans
in
compliance
with
the
building
permit
application
requirements
and
pay
applicable
plan
check
fees
. Corrections
on
plan
check
reviews
must
be
addressed
before
the
permit
is approved
and
ready
to
issue
. Once
the
building
permit
is
approved
, pay
applicable
issuance
and
impact
fees
2,
obtain
your
permit
and
beg
in
building
. For
an
urban
lot split,
civil
drawings
prepared
by
an
engineer
are
required
for
the
submittal
and
a
ministerial
Tentative
Parcel
Map
(TPM)
then
a
Final
Map
with
appropriate
fees
are
required
.

For
SB
9 Developments
and
Urban
Lot Splits
Qualifying
Properties
Limitations
Only
properties
that
are
zoned
primarily
for
single
-family
residences
Approval
of
a
SB
9 development
cannot
involve
the
qualify
. The
following
areas
are
excluded
from
SB
9 developments
demolition
or
alteration
of
structures
if the
property
contains
:
and
Urban
Lot
Splits:

Affordable
or
rent
controlled
housing;
or
A.

A
Very
High
Fire
Hazard
Severity
Zone
;
B.

Housing
occupied
by
a
tenant
within
the
last
three
B.

Wetlands
(ref
. U.S. Fish
and
Wildlife
Serv
ice
Manual)
;
years

5. C.

A
hazardous
waste
site
;
D.

A
historic
district
or
a
historically
designated
site
;
Note
: Rental
terms
must
exceed
thirty
days
. Separate
sewer
E.

A
special
flood
hazard
area
or
regulatory
floodway
, unless
and
water
connections
are
required
for
all
SB
9 un
its.
certain
requirements
are
met
;
F.

Sites
that
contain
habitat
for
protected
species,
including
but
Parking
Requirements
not
limited
to
Coastal
Sage
Scrub,
Chaparral,
and
Riparian
A
minimum
of
one
off-street
parking
space
per
unit
is
Scrub
vegetation
located
within
or
outside
of
lands
identified
required

6. for
conservation
in
the
Habitat
Conservation
Plan
(HCP)
Mitigation
Areas,
sensitive
habitat
areas,
and/or
open
space
easement
or
open
space
zoning
designation
3 .

G
.

Lands
identified
as
moderate
or
high
for
archeological
resources
shall
require
an
archeological
reconnaissance
letter
or
report
.

Objective
Design/Development
Standards
Setback
Requirements
The
project
must
comply
with
the
objective
community
design
A.

Meet
the
setbacks
of
the
underlying
zone
, except
themes
and
development
standards
found
in
the
City
's General
Plan
rear
and
interior
yard
setbacks
may
be
reduced
to
and
the
Poway
Municipal
Code
(PMC),
including
landscape
and
four
feet
when
necessary
to
accommodate
one
or
slope
area
requirements

4. The
project's
design
and
development
two
units
up
to
800
square
feet
in
size
.
must
comply
with
the
City
of
Poway's
Best
Management
Practices
B.

A
minimum
of
10 ft. distance
between
all
structures
Manual
and
the
PMC.

Existing
properties
already
subject
to
Priority
is
required.

Development
Project
standards
shall
obtain
prior
approval
from
the
C.

No
setback
shall
be
required
for
a
legally
permitted
city
engineering
staff
for
add
itional
impervious
area
since
it
may
structure
that
is
rep
laced
or
converted
to
a
SB
9 unit.
require
the
addition
of,
or
alte
ration
of
, storm
water
facilities
and
strategies
.
1 2 3
Reference
City
of
Poway
's "Accessory
Dwelling
Units
and
Junior
Accessory
Dwelling
Units
: General
Information
" handout.

A
credit
will
be
applied
for
previous
impact
fees
paid
on
an
ADU
converted
to
a ma
in s
ingle-family
residence
as
applicable.

Reference
City
of
Poway
's Subarea
Habitat
Conservation
Plan
(HCP)
4 of
9 ATTACHMENT
A
November 18, 2025, Item #6
Reference
Govt.

Code
Section
65852
.21(b)(1),
Reference
PMC
Section
17 .08
.230(0)
.
4 .
5 An
affidavit
specifying
rental
status
in
compliance
with
SB
9 shall
be
required
. If
the
unit
was
occupied
by
a
tenant
within
the
last
three
years
, then
no
more
than
25 percent
of
demolition
is
permitted
for
the
exterior
walls
.
6 Reference
Govt.

Code
Section
65852.21(c)(1)
.

Urban
Lot
Split
Requirements
In
addition
to
the
previously
stated
SB
9 development
requirements,
SB
9 allows
subdivision
into
two
lots
(Urban
Lot
Spl
it)
and
shall
meet
the
following
criteria
:

A
In
conjunction
with
an
Urban
Lot
Split,
no
more
than
two
units
may
be
permitted
per
lot;
B.

Proposed
lots
shall
be
a
minimum
of
1,200 square feet
;
C.

Lots
must
be
no
smaller
than
40 percent
of
the
original
lot
area
;
D.

Lots
must
be
located
in,
or
partially
in,
either
an
urbanized
area
or
an
urban
cluster
;
E.

Areas
utilized
for
public
or
private
roads
, vehicular
access
easements,
and/or
45 percent
or
greater
natural
sloped
areas
are
excluded
from
lot
area
calculations;
F.

The
ratio
of
lot
depth
to
lot
width
shall
not
exceed
3: 1;
G
.

Each
lot
shall
have
a
minimum
20-foot
veh
icular
street
access;
H.

Existing
or
proposed
access
from
a
driveway
or
a
curb
cut
is
required;
I.

Easements
may
be
required
to
convey
public
utilities,
access,
and
other
services
;1
J.

The
property
owner
must
sign
an
affidavit
stating
they
acknowledge
that
the
property's
Covenants,
Conditions
, and
Restrictions
(CC&Rs)
or
Homeowner's
Association
(HOA)
restrictions
are
not
violated
because
of
the
Urban
Lot
Split
; and
K.

The
property
owner
must
sign
a
covenant
stating
the
property's
owner(s)
: 1)
intends
to
occupy
one
of
the
units
as
their
primary
residence
for
a
minimum
of
three
years;
2)
acknowledges
that
the
property
is
no
longer
eligible
for
a
future
Urban
Lot
Split;
3)
shall
not
subdivide
any
adjacent
parcel
using
an
urban
lot
split;
4)
A
minimum
of
one
off-street
parking
space
per
unit
is
required
per
lot
; and
5)
must
develop
each
lot
per
SB
9 requirements
and
restrictions
.

Off-site
dedications
or
improvements
cannot
be
required
. Reference
Govt
. Code
Section
66411
. 7(b)(3)
.
5 of
9 SFR SFR
SB
9 Development
Figm·e
1 SFR
SFR
N
oh?
All
firJum~
:11
0 nnt
to
s.c..,
!e
arv.:
do
no:
incl1.Y
.!e
S8
9 CC'l,·c
lo;irnon
! slm'ld
;-.rds
lh
eso
1111.o
ges
ar
e
for 1llust:
a:
1on
pw
;>OSC~
onl
/
SB
9 Dev
elopment
with
Urban
Lot
Sp
lit
Fii:,"1re
2 SFR
SFR
SFR
SF
R
SFR
SFR
SF
R
SFR
Note
/\II rigu
re
:i. :ue
nol
to
sC.;
1e
and
Co
~o
t mc.!uc!e
SU9
de
ve!o~
mc
nt standa
rds'.

These
im
ages
art!
for 1\lu~1,~;11
on
c,u
rpo
ses
or.ly
November 18, 2025, Item #6
6 of
9 VICINITY
MAP
TPM24-0001
16001
Martincoit
Rd
APN
275-271-2900
Martincoit
Rd
m n OJ 3 ::J 0 m ::J ,-+ ..., OJ 0.. OJ

ATTACHMENT
B
Highlands
Ter
November 18, 2025, Item #6
-...J
0 ....
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n :::c
s: m
z
-I
n

OWNERS' STATEMENT
I HEJ/f/JY STAIF THAT If NI£ 11/C OIIIE/IS a', 111 NI£ lllf/1£SIFD II 11£ PRa'CRTY SUfDKlfl) BY MS lll,P. ANJ THAT I <XIIS£NT ,0 THC PREPAI/Arll!H AMJ RfctJIIOArll!H OF 1HtS IIAP.

PHI.JR A. PWll1CR AMJ .EJWfR L PWITER. INS1INlf) N/0 1W!: AS COW1Nrr f'flCPfRrr •111 RIQ/TS OF Slllll\Oi'S1fP.

PHI.JRA.PWIIICR DAIF
JN¥CJIL~Tl£R DAIF

NOTARY ACKNOWLEDGEMENT
A NOTARY PUB/JC C1i OTHCR omaR COIPI.ETINC r>fS ClRIJJCATC ~ IN. Y 11£ IOCJl»rr OF 11£ l/0/lfDIJAL 000 SIQ£D 11£ DOCWCIIT Ill 1/HOi 1115 aRIFICAlf IS ATWHll. N/0 NOT 11£ 11/UMWIESS. ACQRACY, 111 VAlDTY (F THAT DOaJIOIT.

STATC CF. ________ _
a»1rrOF ________ _ /ss
a,. _______ .202JIJERJl/£llf., ______ _
A NOTARY PUBUC, PfRSOIAUY APPfAR£D
-------------·-
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SICNAIIJ/lf: _____________ _
PRfNTNAJ/£: _____________ _
A NOTARY PfJBUC Ii ANO FrR SAD STA TC
MY PRfNCIPAI. PU.CC (T /JIJSIN£SS IS cr»tTY CF:, ____ _ UY COWtSSK)N [1Pf6· __________ _
COWISSKJN I OF I/OTAR, __________ _
TSAC
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1'••·+
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CITY OF POWAY TPM 24-0001
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a«ACO »Tl.£ COIIPANY
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(1lf)£R MJll8ER: 1J124fXXHIJIJ-N
OATm JANUARY 19, 2024
lllTAL MAIBlR OF PARW.5' 2
lllTAL CI/OSS ACRfAa": 2JO ACRES
PARCCL I CN0SS AOi'CAGl": I.J6 AOlCS
PARCCI. 2 GROSS ACR!ACC: QH AO/fS
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PARal I IET AOi'CACE- 1.19 ACRES
PAIIW. 2 11£1 AOICAa": 4112 ACRES

NOTARY ACKNOWLEDGEMENT
A NOTARY PUIVC OR 01H£R aT1CER CaJPt.ETINC T1fS CCRTFICATC KRIU' CH. r THC DCNnTY fT TH£ IO'IXIAL 1H) 9CN£D Tl£ OOCWOIT 10 tHCH 1115 aRIFICAlf IS ArrAC/e! AM> NOT 11£ 11/UMWIESS. ACQRACY, 111 VALIO/rr OF THAT DOCWCIIT.

STAIF OF ________ _
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S/QIAMC: _____________ _
PRNTNAilC: _____________ _
A NOTARY PU8IJC II N/0 FOR SAID STAIF
"" PRIK1PAL Pr.Ace rT 8lJSll£SS JS CWNrr <£.: ____ _
UYCOWISSK)N OPlllfS: __________ _
C0/,/1,1/SSJa,i / CF NOrARr __________ _

TAX DEPOSIT CERTIFICATE
( AHOll[W POnrR. aEJII( OF 11£ 80ARO <T 5tff71KS!l'IS HEJ/f/JY aRTYY THAT 11£ PRO\fSKIIS OF 11£ SU/IJ/"5!0N I/AP ACT {MISKl/ 2 <T 111[ 1 OF 11£ CO>f71NI/E>IT CCO£) RfCAM»IC (A) DCP()SllS FOR T"-"'i ANO (8) C£R1'1CAn<J,i (T TH£ A8SCNC£ CT LENS FOR tJNPNO STAlt COLiin; llUNIOPA/. AMJ LOCAL r.un al ,Sllf'OAL ASS£SSJl£NTS CtJ.lECTHJ AS TAXE'S, DtaPT THOSE NOT PAYAll£, HA~ 8l£N COlfflD WIH.

AHOll[W POTTER
a.ERK OF 11£ 80ARO OF 5tfflll!S/11S
B"'=OCPU=rr~--------o...=,r~--

SIGNATURE OMISSIONS STATEMENT
11£ SICNA1111£S OF 111[ PARIICS USIFD eno, O'olNCl?S OF EASDICNTS PCR DOC/JIICNIS NOIFD eno, HAI£ 8£fN fMTIFD IJIIOCl1 111[ PflOIISlalS OF SEr:rll!H 66414 SVB-sa:nai (oXJXA)(,) OF 11£ .llllP\fSIO¥ I/AP ACT, IIIO/ lllf/1£ST rs SUCH rHAT IT CANNOT W'CN ltT(} A ff£ "n.t AM) SAXJ SIQIAMl£S AR£ NOT RraJtRCI) BY 11£ COl£/IIIINC SOOY.

THC COMrY OF SAN LllfCO, A RIOIT (T lt'AY FM
PUflJC HICHWA Y.
8oa/ 518(), PACE J86 OR. SEPTDl8CII Z 1955
HOWARD G Slo/lTS • LAUR£ ll. Slolll5; AN E.ASDICNT FOR
/NCll£SS. £O/£SS AM> UIIJrr PIKIPOSCS.
8oa/ 6002. PACE f41 4R. llAROf $, 1956
OROIARD WATER OISTRtCT. A CALFaHA lt'ATlR DISTRICT. AN £ASDl£NT Fm 11£ IXWSIIIUCIION. IIAl/lfNA//C[ AMJ IP£1/Arll!H OF A PWPING STAOOII ANO APPl.fllfNAJ/Ct:S 1HCIIC Ill
/Joa( 6246, PACE JIB 4R. SEPTDl8CII ( 1956
SAN l)l[CO GAS k CIICIR1C COIIPAHY, A COIPl11A IION, AN CASEIICNT FOR INOl£SS AMJ [U/£SS AMJ PU8IJC Ulllrr PIKIPOSCS.
fl£ NO. 7a-J98992 aR. SCPTDISCR 19, 1918
OROIARf) (J'(RAf'NC Ct:JIPANY. AN fASCl,/fNT FOR
INOl£SS ANO [U/£SS ANO FOR ROAD ANO UIIJrr PIAlf'OS[S
Fl.£ NO. aJ-111462 QR. APRlt 1~ 1911J
SAN OICCO GAS .t llECTRIC Ct:JIPANY. A CtRPCRATO< AN CASfilOIT Few 101CSS ANO £<RESS ANO PUtVC uwrr fUlPOSCS.
fl£ NO. 65-241'44 D.R. .u.r 11. 19&5
PALI. CRDIB AHO CARa. II. QN,6 AHi) TH£ arr (T POWAY. f'(R R(),4[} C<JtiS11iVC110N ANO IIAIJTCNANCC ACR£EIICNT.
fl£ NO. 65-401528 QR. OCll:tJER 28., 1985
AN CASDICNT FOR IKR£SS AHO~ ROAD AJlJ UTl/TY PURPOSES.
fl£ Ml 65-4)7641 O.R. NOOBCR 19, IMS
AN [ASEJIENT f(R IKR£SS AM) CaiCSS f'(R &lfl{lt:4 r FUlPOSCS ro MTAU. 4'»1TAM, RfPAR ANO ROIO~ UTlJTY LIES FOR UTIJTY PUIPOSCS.

Fl.£ NO. !7-096164 O.R. FfBRJ.JARY 24, 1981
SAN /)l[C() GAS k am111C COMPANY, A /Xf/Pa/AIION, AN EASCllCNT FOR INOl£SS AM) [U/£SS ANO PU8IJC UIIJrr PIKIPOSCS.
fl£ NO. 67- 642284 a.R. N0\£118£R 17, 1987

CITY CLERK'S CERTIFICATE
( CARRE CAUACHER, QTY a.ERK (F Tl£ arr (F POWAY, STAT£ ()F CA/.F(RIIA. H£RC8Y CERTIFY THAT THf arr COUH(,L (F SW arr HAS APPRO\£D MS PARC!I. I/AP ON, __________ 202~ B"·~CARll'C=~C<ILA--Q£11.=~a,c-----DA-lf __ _
arr a.ERK. OTY CF POWA r
SURVEYOR'S STATEMENT SHEET 1 OF 3 SHEETS
MS I/AP WAS PR(PARfJ) BY Jr/£ al IHJCR IIY OIRECTlai ANO IS 8AS£D IP<IJ A f'/£1.D st.R~ II C<NF'(RJ/AN(E •TH TIE REOIJ/R£IIOl1S C'£ 11£ 5IAJOMSJal llAP ACT AM> LOCAL /11DIIWICC AT 11£ RfOIXST OF JN¥CJI Pu.NIER N JANUARY 2025 AM) THAT I CERTIFY THAT SAD SlR\o£l" IS 1RUC N/0 ctl/PIEIF AS 9/0"( ANO 11£ l/alUIICNTS HJICAIFD All[ OF 11£ OWIACTER ANO OCQPY 11£ HJICAIFD POSIT/alS N/0 NI£ St.#TIOEJIT Ill OIABLE 11£ Stfi'lfl' TO 8£ RETRACED.

I H!REBY STATf TH.AT MS PARCD. IIAP StBSTANIJAUY CO#TRSIS TO 11£ APPR()\£1) (R caofl&IAUr APffi'0\£1) IDITAlll,£ '!Al', £ ANY.

ADAJJ R. Mf'R/0( Pl.S 9182
EXP. tJJ-Jl-1021
UCCIISCJ)LANfJSl111£l111
DAIF

CITY ENGINEER'S STATEMENT
( ,.ACY 8£Aat. arr CNClNffll OF 11£ arr OF POWA r, STAIF OF <:AiIORNIA.. STATC THAT I HAI£ CXAJIIN£D »IS I/JP, C0'9STWC CF J 9£CTS. THAT THE Sl/80M9<1' AS 9IO¥IN IS SIJBSTANTIALLY Tl£ SAIE AS IT APPfARS ON rH£ TCNTAm£ I/AP, ANO ANY APPROKl) ALFfRATKMS n£RC<T. 1HA T ALL PROWSOIS CF 11£ ~ I/AP ACT ANO ANY
LOCAL fRJ#IANCCS APPUCAa.E AT 11£ 1JIC (F APPROVAL OF Tl£ 1£NTAnl£ IIAP, HAI£ BEEN C!JIPlEIJ ■ TH.

IIIACY 8£Aat. PE 1J156
EXP. 06- J0-2<J27
arr CNCIN£CII
DAIF

CITY SURVEYOR'S TECHNICAL STATEMENT
I HCRCBY STATf THAT I HAI£ CXIJIINCD MS I/AP FC1l 11£ arr OIClNaR AMJ I AJI S411SF'l£D THAT MS IIAP IS 1£CIHCALLY CORRCCT.

PAU.. £ GCl'lE. PI.S 806
OP. 12-JJ- 2026
arr .svRl!ltl'I
DAIF

COUNTY RECORDER'S CERTIFICATE
FIENO. _______ _
FUD 1115 ____ DAY <T. _____ ,2025 AT ____ .

ON 800( CF PARCD.. IIAPS AT PACC _________ _
AT n£ Rf(J.£51 CF ADAII R. l£IRfCH.

JRJAN Z. IIARl<S
C01A1rr/lflXtlDCl1

COUNTY (F SAN OICCO
""====~~~---DCPUTY COUNTY RfCOROER
(RAD/NC PUN: NON£
CAlFOHMA crx:RXNATf HJ£X: JOS-1159 (CCS 21)
flI:$74.00
TPM24-0001
November 18, 2025, Item #6
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(Q] IIOICATfS £XJS11NC PUB.JC UTr.JrY £ASDl£Nf Fal SAN DIEGO GAS ct D.ECTRIC R£ct:1lDl]) SEPTDl8£R 19, 1978 AS FIi.£ NO. 78-J98992 aR.

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[j INO/CA/fS fXISIINC PUWC Ull/Tr fJSDIO/T Fa? SAN ()l[CO CAS ~ fl£Clll1C Ct:MIPANY, RfCCROCD J.l Y II, 1985 AS fl£ NO. 85-247444 0.R.

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[I] IIOICATE'S CXJSTINC urvrr CASEIIENr R£C(R)(() FCBRUARY 24, 1981 AS FU NO. 87-096764 O.R.

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CALflYIMA COCWDINATE N)[)C J05-l7S9 (CCS 27/ TPM 24-0001 November 18, 2025, Item #7
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AGENDA REPORT CityofPoway
November 18, 2025
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services
Alan Fenstermacher, City Attorney
Julie Procopio, Director of Development Servic~
[email protected] ~
Alan Fenstermacher, City Attorney
[email protected]

CITY COUNCIL
Resolution Declaring the Property at 14025 Tierra Bonita Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violations This hearing is being held pursuant to Chapter 8.72 of the Poway Municipal Code (PM() for the purpose of determining whether the trash, junk (both inside and outside of the residence), miscellaneous debris, inoperable vehicle(s), weeds and overall physical condition of the residence located on the property at 14025 Tierra Bonita Road (APN 321-140-31) should be declared a "public nuisance" and whether the property owner should be ordered to correct these violations. City staff also recommends obtaining an inspection warrant for the entire residence to determine if its physical condition and interior condition, which appears from the outside to be significantly substandard, are health and safety issues that also require further action. The owner of the property is Dawn Montfort, and it is the City's understanding that the property is vacant. Should the City Council order that these violations be removed, and if the property owner fails to do so in the time allotted, then the City will complete the work and record either a lien or special assessment against the property for all costs and fees associated with securing compliance with the applicable codes.

Recommended Action:

It is recommended the City Council adopt the proposed Resolution (Attachment A) finding the conditions on the property constitute a public nuisance and declaring the City will abate the nuisance if the property owner fails to address the issues in a timely manner.

Discussion:

The property is located as shown in Attachment B, and contains a significant amount trash, junk/debris, weeds and inoperable vehicle(s) clearly visible from the public right of way, including a 1 of 74
November 18, 2025, Item #7
garage door that appears to never be closed. The property overall appears to be in significant disrepair, as does the driveway. The inside of the garage and residence can be viewed from the outside, and there appear to be numerous violations of the PMC and California Building Code therein, including an unpermitted water heater. The City first became aware of lack of compliance with the PMC on the property in 2020 and, since that time, has sent several notices of violation and issued numerous administrative citations (Attachments C & D). Despite these efforts, all the violations of the PMC remain.

In a final attempt to obtain voluntary compliance, on October 22, 2025, the City Attorney's Office sent the owner an additional Notice of Violation and final notice to abate the nuisance property (Attachment D). No response was received, and no action was taken.

If the City Council finds that the conditions on the property constitute a public nuisance, the City will, after the City both provides the owner with the required legal notice and secures an inspection and abatement warrant, abate the violations by removing all the outdoor trash, junk, miscellaneous debris and weeds, as well as the inoperable vehicles. Recent photos of the property are included as Attachment E to assist in this determination. The inspection warrant would also permit the City to inspect the physical structure/residence itself, including the inside, and determine if additional action needs to be taken to abate the potentially substandard condition thereof. All costs of the abatement will be kept and itemized and, if the owner refuses or fails to timely reimburse the City for such expenses, staff will return to the City Council to confirm the costs and then lien the property for the same.

If the City Council finds the conditions on the property constitute a public nuisance, City staff believes that eventually, a receivership may be required to fully remedy the violations. City staff will assess next steps following the issuance and execution of the proposed inspection and abatement warrant.

Environmental Review:

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

Fiscal Impact:

All costs of the abatement, plus an administrative fee, will be assessed to the property owner via a lien and/or a special assessment.

Public Notification:

Public notice was published in the Poway News Chieftain on November 6th, 2025, and a copy of this report was sent to the property owner.

Attachments:

A. Resolution Declaring Public Nuisance
B. Aerial/Site Location Map
C. Case History Summary
D. Copies of Correspondence to Property Owners
E. Photographs
2 of74
November 18, 2025, Item #7
Reviewed/Approved
By:

Assistant
City
Manager
3 of
74 Reviewed
By:

Alan
Fenstermacher
City
Attorney
Ap~
roved:

J=
Chris
Haze
e
City
Manager
November 18, 2025, Item #7

RESOLUTION
NO.
25-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA

FINDING
AND

DECLARING

CONDITIONS

PRESENT
AT
14025
TIERRA
BONITA
ROAD,
POWAY,

CALIFORNIA
TO
BE
A
PUBLIC

NUISANCE
AND

ORDERING
THE

PROPERTY
OWNER
TO
ABATE
THE

VIOLATION

WHEREAS,
inspections
of
the
premises
at
14025
Tierra
Bonita
Road,
Poway,
California,
with
Assessor
Parcel
Number
321-140-31
("Property")
have
been
repeatedly
conducted
by
the
City
of
Poway
("City")
personnel;

WHEREAS,
said
inspections
reveal
violations
of
the
Poway
Municipal
Code
exist
on
the
Property;

WHEREAS,
specifically,
City
personnel
have
observed
violations
of
Sections

8.80.030,

8.80.040,

8.76.035
, 8.76
.040,
and
17 .08.230
of
the
Poway
Municipal
Code
by
maintaining
or
permitting
an
accumulation
of
trash,
debris,
junk
and
weeds,
as
well
as
inoperable
vehicles
on
a
lot
used
for
residential
purposes
or
on
a
lot
adjacent
to
a
lot used
for
residential
purposes,
as
well
as
maintaining
a
property
in
a
way
such
that
it
is
unsightly
and
interferes
with
the
reasonable
enjoyment
of
property
by
its
neighbors;

WHEREAS,
City
personnel
have
also
observed
violations
of
Sections
15 .32.040
and

15.40.010
of
the
Poway
Municipal
Code
based
on
the
presence
of
an
unpermitted
water
heater
and
other
apparent
violations
of
the
California
Building
Code
on
the
Property,
including
the
overall
condition
of
the
exterior
and
interior
of
the
residence
located
on
the
Property
, to
the
extent
it can
be
viewed
from
the
public
right-of-way;

WHEREAS,
City
personnel
have
also
observed
a
violation
of
Section
17 .08.170
of
the
Poway
Municipal
Code
based
on
the
substandard
condition
of
the
driveway
located
on
the
Property;

WHEREAS,
the
City
has
made
multiple attempts
to
obtain
voluntary
compliance
from
the
Property
owners,
including
by
contacting
their
representatives
multiple
times,
issuing
courtesy
notices,
Notices
of
Violations
, Notices
and
Orders
to
Abate
Nuisance
and
administrative
citations;

WHEREAS,
the
Property
owner
has
been
non-responsive
to
the
City's
efforts
to
informally
resolve this
matter;

WHEREAS,
Section

8.72.020
of
the
Poway
Municipal
Code
defines
a nuisance
as
follows
:

A
"nuisance"
includes
but
is
not
limited
to
the
violation
of
any
ordinance,
resolution,
regulation
or
policy
adopted
by
the
City
Council
,
as
defined
within
any such
ordinance,
resolution,
regulation
or
policy,
or
any
condition
within
the
City
found
to
be
a
potential
threat
to
the
general
health,
safety
and
welfare
of
the
public.

WHEREAS,
California
Civil
Code
section
3480
provides
that
"[a]
public
nuisance
is
one
which
affects
at
the
same
time
an
entire
community
or
neighborhood,
or
any
considerable
number
of
persons,
although
the
extent
of
the
annoyance
or
damage
inflicted
upon
individuals
may
be
4 of74

ATTACHMENT
A
November 18, 2025, Item #7
unequal";
Resolution
No
. 25-
Page
2 WHEREAS,
California
Health
&
Safety
Code
section
17980
.10
provides
that
upon
the
City
Council
adopting
a
Resolut
ion
determining
that
a
property
constitutes
a
public
nuisance,
the
City
acquires
jurisdiction
to
abate
any
such
violation;
and

WHEREAS
, a
public
hearing
was
held
before
the
City
Council
on
November
18,
2025,
and
all
interested
parties
were
provided
notice
and
an
opportunity
to
be
heard
on
the
issue
of
whether
the
conditions
present
at
the
Property
constitute
public
nuisances
.

NOW,

THEREFORE,
based
on
the
written
documents
and
oral
testimony
presented
at
the
hearing
, the
City
Council
of
the
City
of
Poway
resolves
as
follows
:

SECTION
1:

That
the
above
recitals
are
true
and
correct,
and
are
incorporated
herein
by
this
reference
, as
if set
forth
fully
herein.

SECTION
2:

The
City
Council
finds
and
declares
that
the
following
conditions
on
the
Property
each
present
a
danger
to
the
health,
property,
safety
, and
welfare
of
the
public
and
therefore
constitute
a
public
nuisance
as
defined
in
California
Civil
Code
sections
3480
and
the
Poway Municipal
Code:
(1)
maintaining
or
permitting
an
accumulation
of
trash,
junk,
weeds
and
miscellaneous
debris
on
a
lot
used
for
residential
purposes;
(2)
maintaining
or
permitting
the
storage
of
inoperable
vehicles
on
a
lot
used
for
res
idential
purposes
; (3)
maintaining
a
property
that
is
unsightly
and
interferes
with
the
reasonable
enjoyment
of
property
by
neighbors,
and
which
would
materially
hamper
or
interfere
with
the
prevention
or
suppression
of
fire
upon
the
premises;
(4)
maintaining
a
substandard
condition
of
the
exterior
and
interior
of
the
physical
residence
in
violation
of
Chapter
15 of
the
Poway
Municipal
Code
and
the
California
Building
Code
, including
but
not
limited
to
an
unpermitted
water
heater;
and
(5)
failing
to
maintain
driveway
surfacing
in
good
condition. SECTION
3:

The
City
Council
orders
the
owner
of
the
Property
to
abate
the
nuisances
within
30 days
of
the
date
of
this
Resolution
by
(i)
removing
any
accumulation
of
"junk"
(as
that
term
is
defined
by
Poway Municipal
Code
section

8.80 .010(c)),
weeds
and
any
inoperable
vehicle
in
both
the
front
and
back
yards,
or
any
other
area
in
public
view,
in
compliance
with
Poway
Municipal
Code
Chapters

8.76,

8.80 and

17.08;
(ii)
repairing
all
substandard
conditions
on
the
residence
itself,
in
compliance
with
Poway
Municipal
Code
Chapter
15,
and
(iii)
repairing
the
driveway
in
compliance
with
Poway
Municipal
Code
section
17 .08
.170
. Following
completion
of
the
aforementioned
corrective
work
and
within
the
same 30-day
period,
the
owner
of
the
Property
shall
have
the
City
inspect
the
Property
to
verify
compliance.

SECTION
4:

A
copy
of
this
resolution
of
the
City
Council
ordering
the
abatement
of
the
nuisances
shall
be
served
upon
the
owners
of
the
Property
. The
service
shall
be
made
both
by
registered
or certified
mail,
addressed
to
the
owner
at
the
last
known
address
of
the
owner
and
by
posting
a
copy
on
the
Property.

Any
owner
shall
have
the
right
to
have
the
nuisances
abated
in
accordance
with
this
resolution
and
at
his
or
her
own
expense,
provided
the
same
is
completed
prior
to
the expiration
of
the
30-day
abatement.

SECTION
5:

If the
nuisances
are
not
completely
abated
by
the
owner
as
directed
within
the
30-day
period,
the
City
shall
cause
the
same
to
be
abated
by
City
personnel
or
private
contract,
and
the
personnel
or
persons
under
contract
are
expressly
authorized
to
enter
upon
the
premises
for
such
purposes.

The
owner
of
the
premises
shall
be
liable
to
the
City
for
all
costs
of
the
abatement
, including
administrative
costs
and
attorneys
' fees
.
5 of
74 November 18, 2025, Item #7
Resolution
No.
25-
Page
3 SECTION
6:

In
accordance
with
the
provisions
of
Poway
Municipal
Code
Chapter

8. 72,
the
City
Council
directs
City
staff
to
maintain
an
itemized
account
of
all
costs
incurred
by
the
City
in
abating
the
nuisances,
including
all
administrative
and
legal
costs
and
expenses.

City
staff
shall
submit
to
the
City
Council
for
confirmation
an
itemized
written
report
showing
the
costs.

The
City
Council
may
modify
the
report
if
it
is
deemed
necessary
and
shall
then
confirm
the
report
by
motion
or
resolution.

Pursuant
Government
Code
sections
38773
and
38773.5,
the
total
cost,
fees,
and
expenses
of
abatement,
including
all
administrative
costs,
shall
constitute
a
lien
or
a
special
assessment
against
that
parcel
and
shall
be
collected
in
accordance
with
applicable
State
and
City
laws. PASSED,

APPROVED
AND

ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
this
18th
day
of
November,
by
the
following
vote,
to
wit:

AYES: NOES: ABSTAINED
:

ABSENT: DI
SQUALi
Fl
ED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
City
Clerk
6 of74
November 18, 2025, Item #7
i-.
•
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:
• ..
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-
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o
• ,. ;
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bl ':i!
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t:
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·~r~.~~ -~·
-~·t(.~i
~
--~
-
7 of74

ATTACHMENT
B
November 18, 2025, Item #7
Cas
e
Type
:

Cod
e
Compl
ianc
e
Assigned
To
Vian
ey
Rivera
Opened
Da
fo:
12/2
4/2019
Address:
14025
Tierra
Bonita
Rd
Status:

Fee
s
Du
e
Closed
Dat
e:
04/16/2025
Po
way,
CA
9206
4 Activity
Dale
Creat
ed
By
Activi1y
Type
Activi
ty
Nam
e
Commen
ts
12/31/2020
Dan
ie
l W
elle
Courtesy
Notic
e
Sen
t
COUR
TES
Y N
OTICE
LETTE
(12/30/2020
2:02
:24
PM
OW)
Ac
tion
Cr
eate
d
04/16/2021
Dan
iel We
lte
Not
ice
of
Vio
lation
Letter
NOV

LETTER/
FO
RM
(4/1
4/202
1 9:36
:22 Ml
OW)
Ac
tion
Cr
ea l
ed
Sent
07/13/2021
Dan
iel Welte
Citation
Issu
ed
CI
TAT
ION
ISSUED
(7/13/202
1 11
:21
:3
1 AM
OW)
Actio
n
Cr
ea
ted
10/05/2021
Dan
ie
l Welte
Citati
on
Issu
ed
CI
TATIO
ISSUED
(10/5/2021
11 :22
:05
Ml
DW)
Ac
tion
Cre
ate
d
11/04/2021
Dani
el W
elle
.

N
ot
ice
of
Viol
ation
Letter
LETT
ER
SE
NT
(11/
4/2021
4:
30 :08
PM
OW
) Acti
on
C
reate
d
Sent
Daniel
Welle
N
ot
ice
of
Viol
ati
on
Lette
r
LE
TT
ER
SE
NT
(11/
4/202
·1 4:17
:35
PM
OW)
Act
ion
Cr
eate
d
Sent
03/15/2023
M
ariann
e
Buscem
i
Oth
er
Ac
tivity
upd
ate
as
of 3/15/23,
no
activ!!
permit
03/21/2023
M
arcL
eDr
ew
M
ailing
C~y
Plann
er sent
Co
urt
esy L
etter on
2/&
2023
reg
arding
ve
getation
, !il
ap
idaled
drivewa
y,
wale
r heat
er ins
talle
d
11ilho
ut
permi
ts
03/22/2023
M
arc
LeDr
ew
M
ailing
NOV
le
tter s
ent
3122/23
04/13/2023
M
arcL
eDrew
M
ail
ing
Second
NOV
sen
t no
res
pon
se fro
m
owne
r
05/02/2023
M
ariann
e
Busc
emi
Ot
her
Act
ivi
ty
site
visit
site
visit
.
no
ch
an
ge
07/19/2023
Vianey
R
ivera
Email
UPDAT
E
TO
DI
RECTOR
EM
AIL
SEN
T
TO

DIRECTOR
BOB
MAN
IS

REGARDING
THIS
CASE
. AD
M
IN
CI
TES
W
ill
CO
MM
ENCE
TH
IS
WEE
K.

WELF
AR
E C
HEC
K
W
ILL
BE
DO
NE
WITH
SHERI
FF'S
SO
M
ET
IM
E
NEXT
WEE
K.

SEE

ATTACHED
.
07/20/2023
Via
ne
y R
ivera
Other
Act
ivi
ty
SI
TE
VISI
T

6.30 .23SITE
VISIT
. NO

VISIBLE

CHANGES
. N

PROGRESS
M
ADE
. N
O
CO
NT
ACT
TO
DAT
E
FROM
PO
.

Vian
ey Riv
er
a
O
ther
Act
ivity
SI
TE
VISI
T

7.20.23 SITE
VISIT
TODA
Y
TO
VE
RIFY

VIOLATIO
NS
RE
M
AI
N. NO
CHA
NGES
. N
O

PROGRESS
. NO

CONTACT
FRO
M
PO
TO
DATE
. ISSUE
AD
M
IN
CITE
.

Vian
ey Rive
ra
Maili
ng
AD
M
lN
CITE
#1
MAI
LED
AD
M
IN
CITE
#1
MA
ILED
(PRIORITY
MAIL
AN
I

CERTIFIED
#7021
-1
970
-00
02-0222-
8461
).

Vian
ey
Rivera
Phon
e
ca
n
CALLED
RP
TO

UPDATEIIIIII
ON

ENFORCE
M
ENT
ACTIO
N
S. -
WAS
AP

PRECIATIVE
AND
LOOl<S

FORWARD
TO
CO
M
PLIANCE.

Pag
e
1 of
5 8
of
74 ATTACHMENT
C
November 18, 2025, Item #7
Activity
Date
Created
By
Activity
Type
Activity
Name
Comments
07/25/2023
Vianey
Rivera
Phone
Call

SUGGESTS
THE

WELFARE
CHECK
SINCE
TrlE
FEMALE
LIVI~
THERE
CAN
BE
HEARD
SCREA
M
ING
AND
SUCH
EVERY
NOW
AND
THEN
. SHE
IS
ONL
'
HOME
IN
THE

EVENINGS
AND
ONCE
A
WEK

NEIGHBORS
HAVE

OFFERED
HELPED
IN

CLEANING
IT
UP.

FEMALE
IS
APPROX
30YO
Vianey
Rivera
Email
EMAIL
TO
D

IRECTOR
BOB
EMAIL
SENT
TO

DIRECTOR
BOB
ADVISING.

WELFARE
CHECK
W
n..L BE
DONE
THIS
FRIDAY
7/28/23.

MEET
ING
WITH
RP-0

THURSDAY

MORNING
7/2
8/23
0900HRS
.

Vianey
Rivera
Mailing
07/31/2023
Vianey
Rivera
Phon
e
Call
CALLED
PO
'S

DAUGHTER
CALLED
PO'S

DAUGHTER
. I ASKED
IF
SHE
WAS
DAWN,
SHE
CO

NFIRMED
DAWN
PASSED
IN
2020.

SHE

REFUSED
TO
GIVE
M
HER
NAME.

I ADVISED
WE
HAVE
AN
URG~
CASE
ON
THE

PROPERTY
. SHE

CONFIRMS

RECEIVING
THE
AD
MIN
CITE
BUT
DID
NOT
HAVE
TIME
TO
REPLY
. THE
LADY
SAID
SHE
DOES
NOT
HAVE
THE
MONEY
TO
REMOVE
THE
WEEDS.

I TOLD
HER
I WAS
W
ILLING
TC
WORK
WITH
HER
AND
HA
VE A
PLAN
TO

ADDRESS

SECTIONS
OF
THE
DRY

VEGETATION
. AT
FIRST
SHE
SEEM
W
ILLI
NC
BUT
SAID
SHE
DID
NOT
HA.VE
THE
M
O
NEY.

ASKED
IF
SHE
WAS

WILLING
TO
MEET
US
f.

THE

PROPERTY
TO
GO
OVER
WHAT
NEEm
TO
BE
DONE
BUT
SHE
CLA
IM
ED
W
E
ARE

HARASSING
HER
WITH
THE

LETTERS
WEV
SENT
ANO
SHE
WILL
NOT
M
EET
US
. I

DISCUSSED
THE
SA
FETY
ISSUES
AT
HAND
AND

EXPLAINED
WHY
THE
HOME

IMPOSES
FIRE
HAZARD
SO
UNLESS
WE
COME
UP
WITH
A
PLAN

TOGETHER
, THE
CITY
MAY
HAVE
TO

CONDEMN
THE
HOUSE
. SHE
SA
IC
"THANK
YOU"
ANO
HUNG
UP
.

Vianey
Rivera
Phone
Call
PHONE
CALL
PO'S

DAUGHTER
CALLED
ME
BACK
TO
ADVISE
SHE
CALLED
A TREE
TRI
MM
ER.

I
ASKED
IF
SHE

RECENED
A

SCHEDULED
DATE
. BUT
SHE
SAID
"I JUST
CALLEO
THEN
ANO
DID
NOT
GET
ANYTHI
NG

SCHEDULED
.

BUT

I CALLED THEM
ALRE.Al)Y
SO
STOP

HARASSING
ME"
. THE
CALL
ENDED
.

Vianey
Rivera
Phone
Call
CALLED
VECTOR
CONTRO
CALLED
VECTOR
CO
NTRO
L.

SPOKE
TO
M
AYA
WHO
TOOK
DOWN
MY

INFORMATIO
~
ANO
THE

ADDRESS
TO
REQUES
T
A
JOINT

INSPECTION
.
9 of
74 Page
2 of
5 November 18, 2025, Item #7
Activity
Date
Created
By
Activity
Type
i\ctivity
Name
Comments
Vian
ey
Ri
ve
ra
Phone
Ca
ll
CALLED
RP
CALLED
RP
TO

CONFIRM
THE
TYPE
OF
VECTOR

CONTROL
ISSUES
. SHE
CONFIR
M!
RATS
, MICE,
AND

MOSQUITOS
.

I ADVISED

CONTACT
WAS
MA
DE
WITH
'DAWN'
.

RP
WAS

GREATFUL
THAT
THERE
IS

PROGRESS
IN
PLACE
AND
WAS

SUPRISED
WAS
ABLE
TO
SPEA
K
TO
DAWN,
AS
SHE
IS
'SCARED
OF
PEOPLE".

RP
ALSO

CONFIRME
Will
BE

WILLING
TO
GRANT
ACCESS
TO

PROPERTY
.

AN
UPDATE
WILL
BE
PRO\tlDED
AS
SOON
AS
IT

BECOMES
AV
AI
LABLE
.

CALL
ENDED
.
08/09/2023
Vian
ey
Rivera
Phone
Gall
RP
SH
RILEY
CALLED
CALLED
TO
EXPRES:

APPRECIATION
FOR
THE

PROGRESS
HAS
SEE
N
AT
THE
HOUSE.

I ADVISED
I
WILL
FOLLOW
UP
AND
DO
A
SITE
VISIT
EITHER
TODAY
OR

TOMORROW
.
11/30/2023
Vlaney
Rivera
Site
Visit
SITE
VISIT
11/28/23
11/28/23
SITE
VISIT

REVEALED

PROGRESS
MADE
IN

GENERAL

PROPERTY

MAINTENANCE
. GAMGEDOOR

REMAINS
OPEl'VMISSING
. DRIVEWAY
NEEDS
REPAIR
(CONSULT
WITH

PLANNING
ON

DRIVEWAY

REQUIRE
M
ENTS)
. PHOTOS
TAKEN
.
07/16/2024
Vlaney
Rivera
Phone
Call
Phone
Number:

Business
Nam
e:

Full
Name:

Noela
M
on
rto
rl
CALLED
AND
LEFT
A
VM
09/05/2024
Vianey
Rivera
Mail
in
g
2nd
CITE
ISSUED
19-0771
.02
FOR
S200.00
DUE
9/20/24
Via
ney
Rivera
Cila
lion
Issued
CITE
No
. 2
ADMIN
CITE
112
ISSUED
. $200
. INVOICE
ADDED
TO

MAILING
. SEE

ATTACHED
.

Vianey
Rivera
Other
Act
ivity
G
IS

PROFILE

CONFIRMED
GIS
OW
ERSH
IP I
NFO
RMA
TIO
FOR
ADMIN
CITE
11/13/2024
Vianey
Rivera
Site
Visit
11/1
212024
SITE
VISIT
PERFOR
MED
11/12124
REVE
ALEI

SIGNIFICANT

PROGRESS
HAS
MA
DE
. WEE[
Af3ATEMENT
WAS
IMPL
EMEN
TED
. THERE
/l
STILL
SOME
AREAS
TO

ADDRESS
BUT
THE

PROGRESS

I EVIDENT
. ATTEMPT
CONTAC1
WITH

PROPERTY
OWN
ER
.
11/19/202
4 Vianey
Rivera
Sile
Visit
11/18/2024
SITE
VISIT

REVEALED

PROGRESS
IS
BEIN(
MADE
. PHOTOS
TAKEN
.
01/30/2025
Vianey
Rivera
Sit
e
Vis
it
1/29/2025
SITE
VISIT
ON
1/29/2025

REVEALED
M
ORE

PROGRESS
IS
BEING
MA
DE
ON
THE

PROPERTY
OVERALL.
(CONT
04/
04/
202S
Page
3 of
5 10of74
November 18, 2025, Item #7
.::..
....
t
-
.
··' --..
_
....
-~-·--:

Activity
Date
Created
By
Activity
Type
Activity
Name
Comments
Vianey
Rivera
Other
Activity
PART
OF

DARIAN'S

COLLECTIONS
LIST
. AD
TO

COLLECTIONS
.
04/14/2025
Vianey
Rivera
Email
EMAIL
FROM
CS
WITH

UDPATED
PO

CONTACT
INFO.

SEE

ATTACHED
.
04/16/2025
Vianey
Rivera
Cilalion
Issued
CITE
No
. J
issued
CITE
#J
ISSUED
(S500
.00)
. THIS
IS

TECHNICALLY
THE
4TH

CITATION
BUT
WE

STARTED
WITH
CITE
#2
AS
#1

BECAUSE
OF
THE
TI
ME
LAPSE
FROM
THE

INITIAL
CITE
.

Vianey
Rivera
Other
Activity
SENT
TEAMS
TO
ADMIN
STAFF
MITCH
ASKJNG

REGARIDNG

INVOICE

FOWARDING
FOR

HIS RECORDS
.
04/21/2025
Vianey
Rivera
Ema
il
2-WEEKS-TRASH
AND
DEBRIS
WILL
BE
REMOVED. Here
is
the
info
you
requesled
:

Dawn
Montf
ort
---Have
a
great
week!
Vianey
Rivera
Phone
Gall
CALLED
PO
AND
SHE
ARGUE
THAT
THE

TRAILER IS

STAYING

BECAUSE
SHE
WAS
TOLD
SY
THE
CITY
THAT
IT
WAS

GRANDFATHERED
IN.

THE
TRASH
, WEEDS,
AND

VEHICLE
WILL
BE
RE
M
OVED
WITHIN
2 WEEKS
. AS
FAR
AS
THE
DR
IVEWAY
, SHE

DOESN'T
HAVE
MONEY
TO
FIX
IT.
06/16/2025
Vlaney
Rivera
Phone
Ca
ll
CALLED
DAWN
Dawn
Monlfort
AT
AND
LEFT
A
VM

REGARDING
UPCO
MIN
G
CITE
AND

REFERRAL
TO
CITY

ATTORNEY
.
08/21/2025
Vianey
Rivera
Site
Visit
8/4/2025
8/4/2025
JOINT
SITE
VISIT

PERFORMED
wn
CCO

HUBBERT
. WE
TOOK
PHOTOS
OF
THE
INTERJ
OR
(THRU
A

WINDOW)
AS

REOUESTI
BY

ATTORNEY
NOA
M

DUZMAN,
AND
SOME
OF
THE
REAR
OF
THE
PROPERTY.

Vianey
Rivera
Ema
il
EMAI
LED

ACTIVITY
REPORT
AND
PHOTOS
.

CC'O

DIRECTOR
08/28/2025 11
of
74 Page
4 ofS
November 18, 2025, Item #7
. ;
.

Activity
Date
Created
By
Activity
Type
Activity
Name
Vi
aney
Rivera
Phone
Call
12 of
74 ........

Comments CALLED
All
THE

NUMBERS

PROVIDED
BY
EMAIL
FWD
BY

DIRECTOR
J.

PROPCOPIO)
.

LEFT
A
\11,I
NUMBER
NOT
IN

SERVICE

ANSWERED
AND
ASKED
IF
I
HAD
A
OUIJA
BOARD.

THE
PERSON
WHO

ANSWERED
SAID
MS.

MONTFORD
IS

DECEASED
. TOLD
ME
TO
CALL
LATER
OR
11 HAD
A
WAY
TO
COM
MUN
ICATE
WITH
HER.

ASKED
FOR
HER
NAME
AND
SHE

REFUSEC
SHE

INSITED
I CALL
BACK
LATER
.

NU
M
BER
BUSY
. NOT

AVAILABLE
NUMBER
NOT
IN

SERVICE/

DISCONNECTED
NOT
A

WORKING
NUMBER
NUMBER
THAT
HAS
BEEN

DISCONNECTED
OR
NO
LONGER
IN
SERVI(
Page
5 of
5 November 18, 2025, Item #7
.
•,. ,·
Case
Type:

Code
Compliance
Assigned
To
Vianey
Rivera
Opened
Date
:
11/30/2020
Address:
14025
Tiorra
Bonita
Rd
Status:

Closed
Closed
O.ite:
03/19/2024
Poway,
CA
92064
Activity
Date
Created
B~r
Activity
Type
Activity
Name
Comments
11/
19/2020
Dan
iel
Welte
Other
Activity

COMPLAINT

RECEIVED
(11/30/2020
1 :47
:35
PM
OW)
Action
Created
(11/30/2020
1 :47
PM
OW)
11/19/20:

MATZ,
LINDSEY@
8587487820
of
14003
Tierra
Bonila
Rd
.
12115/2020
Daniel
Welt
e
Other
Activ
~ y
SITE

INSPECTION
(12/17/2020
5: 16
:38
PM
OW)
Action
Crea.ed
12/17/2020
Daniel
Welle
EmaIT
E-MAIL
SENT
{12/17/2020
5:16
:46
PM
OW)
Action
Created
03/03/2021
Daniel
Welte
Other
Activity
SITE

RE-INSPECTION
(3/3/2021
4:35:49
PM
OW)Ac5on
Created
Daniel
Welte
Courtesy
Notice
Sent

COURTESY
NOTICE
LETTE
(3/3/2021
4:35
:49
PM
OW)
Aclion
Created
07112/2021
Daniel
Welte
Other
Ac
tivity

COMPLAINT

RECEIVED
{7/13,12021
11 :36
:09
AM
OW)
Action
Created
Daniel
Welle
Oth
er Activity
SI
TE

RE-INSPECTION
(7
/1312021
11 :36
:09
Ml
OW)
Action
Created
07/13/2021
Daniel
Welte
Notice
of
Violation
Letter
NOV

LETTER/FOR
M
{7/13/2021
11 :36:09
AM
DW)Aclion
Created
Sent
09/29/2021
Daniel
Welte
Phone
Call
PHONE
CALL
(9129/2021
4:32:00
PM
OW)
Act
ion
Created
(9/2912021
4:32
PM
OW)
9/29/21
: Returned
call
from
reoning
party,
who
asked
for
an
update
. New
site
visit
pending.
-DRW
09/30
/2021
Daniel
Welle
Olher
Activity
SITE

RE-INSPECTION
(10
/11/2021
3:13:48
PM
OW)
Action
Created
10/05/2021
DanlelWelle
Citation
Issued

CITATION
ISSUED
('10
/11/2021
3:14:05
PM
OW)
Action
Crea
led
10/26/2021
Daniel
Welte
Olher
Activily
SITE

RE-INSPECTION
(10/27/2021
3:02
:01
PM
OW)
Action
Created
10/27/2021
Daniel
Welle
Courtesy
Notice
Sent

COURTESY
NOT!CE
LETTE
(10/27/2021
3:02
:16
PM
OW)
Action
Created
DanielWette
Citation
Issued

CITATION
ISSUED
{i0/27/2021
3:02:15
PM
OW)
Action
Created
Daniel
Welte
Notice
of
Violation
Letter
LETTER
SENT
{10
/27/2021
3:02
:16
PM
OW
) Action
Created
Sent
11/04/2021
Daniel
Welte
Other
Activity
SITE

RE-INSPECTION
(11/4/2021
3:17:46
PM
OW)
Action
Created
Daniel
Welle
Citation
Issued

CITATION
ISSUED
(11/4/2021
3:17
:4
5 PM
OW)
Action
Created
11/05/2021
Daniel
Welle
Notice
of
Violation
Leiter
LETTER
SENT
(11
/412021
4:
30 :26
PM
OW)
Aclion
Crea
ted
Sent
1'2127/2021
Page
1 of2
13 of
74 November 18, 2025, Item #7
.tlctivii-y
Date
Created
By
Activity
Type
Activity
Name
Comments
Jamie Zeller
Notice
of
Violation
Letter
NOV

LETTERJFORM
(12/27/2021
10 :30
:44
AM
JZ)
Action
Created
Senl
(12127/202110
:J0AMJZ)
I issued
and
mailed
a
l'b
!ice
of
Violation
via
USPS
mail
lo
(12127/202110
:30
AM
JZ)

MONTFORT
NOELA
FAMILY
TRUST
01-26-2(
C/O
DAWN

MONTFORT
14025
TIERRA
BONITA
RD
POWAY.

CA
92064
07/25/2023
Vianey
Rivera
Other
Activity
REFER
TO
CASE#19-0771
DUPUCA
TE
FILE
. PLEASE
REFER
TO
CASE#19-0771
.0
Vianey
Rivera
Courtesy
Notice
Sent
REFER
TO
CASE#19-0771

DUPLICATE
CASE.

PLEASE
REFER
TO
CASI
#077
1 14
of74
Page
2 of
2 November 18, 2025, Item #7

RUTAN RU
TAN
&
TUC
KER
, LLP
Montfort
Noela
Family
Trust
c/o
Dawn
Montfort
14025
Tierra
Bonita
Rd
Poway,
CA
92064
Re:

Notice
of
Violation
Dear
Ms.

Montfort:

October
22,
2025
Noam
Duzmnn
Direct
Dial:
(714)
641-34
78 E-mail
: [email protected]
This
office
serves
as
City
Attorney
for
the
City
of
Poway.

This
letter
is
in
regard
to
violations
identified
at
your
property
located
at
14025
Tierra
Bonita
Rel.
in
the
City
of
Poway
("Property").

The
City
has
provided
you
notices
regarding
the
violations
on
the
Property
but
you
have
failed
to
take
the
required
corrective
action.

The
Property
remains
in
violation
of
the
Poway
Municipal
Code
("PMC").

1. Poway
Municipal
Code
section

8.76.035:

All
weeds,
dry
grasses,
dead
shrubs,
dead
or
dying
trees,
rubbish,
or
any
material
growing
upon
the
streets
, sidewalks,
or
upon
private
property
within
the
City
, which
bear
seeds
of
a
wingy
or
downy
nature
or
which
by
reason
of
their
size,
maimer
of
growth,
and
location
constitute
a
fire
hazard
to
any
buildings,
improvements,
crops
or
other
property,
and
weeds
and
grasses
which,
when
dry,
will
in
reasonable
probability
constitute
such
a fire
hazard,
are
declared
by
this
chapter
to
be
a public
nuisance.

In
order
to
bring
tlte
Property
into
compliance
witlt
this
code,
you
must
110
more
titan
7 days
from
tlte
date
of
tit
is
letter
semi
me
<111
email
at
1ulu
z111a11
(ii)1
·11tm1.co111
witlt
a plan
to
comply
witlt
tit
is
regulatiou,
mu!
tlten
110
later
titan
30 days
from
tlte
date
of
tltis
letter
address
tlte
vegetation
and
mbbislt
on
tlte
Property
so
tit
at
it
complies
with
tlte
standards
set
forth
in
tlte
above
regulation. 2.

Poway
Municipal
Code
section

8.76.040:

Waste
matter
as
defined
in
this
chapter,
which
by
reason
of
its
location
and
character
is
unsightly
and
interferes
with
the
reasonable
enjoyment
of
property
by
neighbors,
or
which
would
materially
hamper
or
interfere
with
the
prevention
or
suppression
of
fire
upon
the
premises,
or
the
abatement
of
a nuisance,
is
declared
a public
nuisance.
15 of74

ATTACHMENT
D
18575
Jamboree
Road,
9th
Floor,
Irvine,
CA
92612
I
714.641.5100
I
Fax
714.546.9035
975/012782
-0062
229
,1636
I.I
a 10/22/25
November 18, 2025, Item #7
RUTAN
RUTAN lo TUCKER, LLP
Montfort Noela Family Trust
c/o Dawn Montfort
October 22, 2025

Page 2 ends

Iu order to briug the Property i11to compliance ivit!t t!tis code, you must 110 1-nore t!tau 7 days from the date oft/tis letter semi me mz email at [email protected] wit!t a plan to comply ivit!t this regulatiou, and the11110 later more than 30 day from lite date of this letter address the waste matter 011 the Property so that it 110 longer creates a blight or 11uisa11ce coudition.

Regulations relating to .Junk

3. Poway Municipal Code section 8.80.030:

A. No responsible person as defined in Chapters 1.08 and 1.10 PMC shall accumulate junk on the exterior areas of any lot which is not fully enclosed by a lawful building, unless stored in compliance with PMC 8.80.040.

4. Poway Municipal Code section 8.80.040:

Establishing a number of regulations and maintenance standards for junk that is stored on any exterior area.

Ju order to bl'ing the Property into compliance with these codes, you must ,w more than 7 days ji·om the date of this letter send me rm email at [email protected] ,vith a plan to comply with these regulations, aud then 110 later more tlum 30 days from the date of t/ris letter address the junk on the Property by removing the same and/or otherwise complying with each 111ai11tem111ce standard setfort!t therein.

5. Poway Municipal Code section 15.04.010 (adopting by reference Section 105.1 of the California Building Code):

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system (when regulated by the code) must first apply to the building official and obtain the required permit. /11 order to bring the Property iuto compliance with this regulatio11, 110 later titan 7 days ji·om tile date of tlris letter, you must (1) contact me at nd11zma11@1·11ta11.co111 ivitlr your plan for bringing tlte Property into cornplia11ce ,vi{!, these regulations; (2) no later tlrn11 20 daysji·om tlte date of this letter you must secure all necessmy permits to bring lite Property into compliance witlt tltis regulatioll (including, but not necessarily limited to, the uupermitted ,vater /1eate11 and, finally,· (3) no later titan 30 days from the date of this letter, you must ensure that all structures are fully cousll'ucted as permitted with.final City sigu-off 16>At~'l\2-0062
22946361.1 a I 0/12/25
November 18, 2025, Item #7
RUTAN
RUTAN~ TUCKER, LLP
Montfort Noela Family Trust
c/o Dawn Montfort
October 22, 2025

Page 3 ends

6. Poway Municipal Code section 15.32.040 (adopting and amending Section 202of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

All buildings or portions thereof which are determined after inspection by the Director of Development Services to be dangerous as defined in this code are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 40 l of this code.

Ju order to bring the Property into compliruice with this code, yoti must 110 more tha11 7 days from the date of this letter send me all email at 1u/[email protected] witlz a plan to comply witlt tltis regulation, and then 110 later thau 30 day from the date of this letter address tlte sig11ifica11t disrepair of the interior of tlte Property.

7. Poway Municipal Code section 17.08.170:

Driveway maintenance standard including requirement that driveways surfacing exist and be maintained in good condition.

In order to bring the Property into complhmce with tit is regulation, 110 later than 7 days from tlte date of tit is letter, you must (1) contact me at 1ufo7.111a11@J·11ta11.co111 with your plan for briuging the Property into compliance with this regulation; (2) 1w later tit au 20 days ji'Oln the date of tit is letter, you must secure all 11ecessm:v permits to bring the Property into compliance with this regulation (i.e., repair driveway) and, finally; (3) 110 later thau 30 days from tlte date r~f this letter, you must eusure tftat tl,e driveway is repaired as appmved by permit and tftat tlte City has inspected amt provided final City sign-off for said worl<.

Please be aware that pursuant to PMC section 1.08.01 0(B), each violation of the aforementioned code constitutes a misdemeanor punishable by a $1,000 fine and/or six months in the County jail or both the fine and imprisonment. That same section provides that each day the violation continues constitutes a new and separate offense for which the full misdemeanor penalty may be imposed. Furthermore, pursuant to PMC section 1.08.010(0), the City is authorized to initiate a civil action against you to address these issues, such as a receivership action. Finally, under PMC Chapter 8.72, the City is authorized to abate the nuisance on its own.

The City has tried to work with you for a number of months but you have failed to correct the violations. This is your final warning. Failure to timely and fully comply with this notice will result in the City taking the required legal action to have these violations addressed.
1 ~1Qt1 ?1hao62
229-16361.1 a I 0/22/25
November 18, 2025, Item #7
RUTAN
RUTAN&. TUCKER, LLP
Montfort Noela Family Trust
c/o Dawn Montfort
October 22, 2025

Page 4 ends

I look forward to your complete cooperation in this matter. If you have any questions regarding the requested compliance, please contact me at (714) 641-3478.

ND
1 ~-R,t1?1l2-0062
229-16361.l a I 0122/25
RUTAN &~',KER, LLP
N(]J:

City of Poway, City Attorney's Office
November 18, 2025, Item #7

ADMINISTRATIVE

CITATION
CITY
OF
POWAY

DEVELOPMENT

SERVICES
CODE

COMPLIANCE
Citation
No.
19-0771.03
Case
No.
19-0771
DATE
ISSUED:
4 / 16
/ 25

VIOLATION

ADDRESS
/ LOCATION:
14025
Tierra
Bonita
Road
TIME:
12 .oo
POWAY,
CA
92064
APN:
3211403100

DATE/TIME
OF
VIOLATION(S):

SEE
NOTICE
OF

VIOLATION

RESPONSIBLE
PERSON:

MONTFORT
NOELA
FAMILY
TRUST
01-26-20

MAILING

ADDRESS
(IF

DIFFERENT
THAN
ABOVE):
14025
Tierra
Bonita
Road,
Poway
CA
92064

SECTIONS
OF
POWAY

MUNICIPAL
CODE
PMC

VIOLATED
0 17
.54
.020
-

NUISANCE
USES
/ALTERATIONS
/ IMPROVEMENTS
/ BUILDINGS
[CITED
PER
SEC

1.10.030(A)]
ii

8.80.0300
(A)
□
(B)
□
(C)
-
JUNK

ACCUMULATION VIOLATION(S)
Ii

8.76.035
(A)-VEGETATION

MANAGEMENT/
DRY

VEGETATION
0 8.76.0300
(A)
0 (B)
0 (0)(1)-

DEFENSIBLE
SPACE/

FLAMMABLE

VEGETATION
0 17.42.060
(G)(1)-
YARD

PARKING
0 13.19.050
0 (A)
0 (C)
O
_/
□

13.09.070(A)-
STORM
WATER

VIOLATION(S)
0 1.08.010(S)-VIOLATION
OF
STOP
WORK
NOTICE
Ii
OTHER
DESCRIPTION: PMC

10.52.050,

8.76.040,

8.76.090, 8.80.040,

10.52.040,

15.02.010,

17.08.170(d)
,

17.08.230 □
FINE
PER

VIOLATION
TOTAL:$
500.00
□
1sr

CITATION
-$100
□
2ND

CITATION
-$200
ii
3Ro

CITATION
-$500
□
4TH

CITATION
-$1000
□
CITATION-$
NOTICE:

ALL
FINES
MUST
BE
PAID
WITHIN
FIFTEEN (15)
DAYS

CORRECTIVE

MEASURES
DUE
BY:
4 /
30 / 25

CORRECTIVE

MEASURES
TO
BE
TAKEN:

Remove
all
junk,
trash
and
debris
from
property,
abate
dead
or
dying
shrubs,
trim
or
reduce
excessive
flammable
vegetation,
trees
and
weeds,
remove
inoperable
vehicles,
remove
the
illegally
stored
horse
trailer,
provide
timeline
for
a
driveway
replacement
or
repair,
and
secure
garage
door
to
avoid
vandalism
and
squattin
i.

CODE
OFFICER:

Rivera

RESPONSIBLE
PERSON
SIGNATURE:
(IF
ISSUED
IN

PERSON)
~~~-
~
~!'r!llrr:r.:'ll"W':'
19 of
74 November 18, 2025, Item #7

ADMINISTRATIVE

CITATION
CITY
OF
POWAY

DEVELOPMENT

SERVICES
CODE

COMPLIANCE
Citation
No.
19-0771.02
Case
No.
19-0771
DATE
ISSUED:
9 ;5
;24

VIOLATION

ADDRESS/
LOCATION:
14025
Tierra
Bonita
Road
TIME:
12 .oo
POWAY,
CA
92064
APN:
3211403100

DATE/TIME
OF
VIOLATION(S):

SEE
NOTICE
OF

VIOLATION

RESPONSIBLE
PERSON:

NOELA MONTFORT
FAMILY
TRUST
01-26-20

MAILING

ADDRESS
(IF

DIFFERENT
THAN
ABOVE):
14025
Tierra
Bonita
1 Poway
CA
92064

SECTION
S
OF
POWAY

MUNICIPAL
CODE
PMC

VIOLATED
□

17.54.020
-

NUISANCE
USES
/ALTERATIONS/

IMPROVEMENTS/

BUILDINGS
[CITED
PER
SEC

1.10.030(A))
□

8.80.030
□
(A)
□
(B)
□
(C)
-
JUNK

ACCUMULATION

VIOLATION(S)
□

8.76.035
(A)-

VEGETATION

MANAGEMENT/
DRY

VEGETATION
□

8.76.030
□
(A)
□
(B)
□
(0)(1)-

DEFENSIBLE
SPACE/

FLAMMABLE

VEGETATION
□

17.42.060
(G)(1)-YARD

PARKING
□

13.19.050
□
(A)
□
(C)
D
_/
□

13.09.070(A)-
STORM
WATER

VIOLATION(S)
□

1.08.010(5)-

VIOLATION
OF
STOP
WORK
NOTICE
Ii
OTHER
DESCRIPTION: PMC

10.52.050,

8.76.040,

8.76.090, 8.80.040,

10.52.040,

15.02.010,

17.08.170(d),

17.08.230
□
FINE
PER

VIOLATION
TOTAL:
$200.00
□
1sr

CITATION
-$100
ii
2ND

CITATION
-$200
□
3RD

CITATION
-$500
□
4TH

CITATION
-$1000
□
CITATION-$
NOTICE:

ALL
FINES
MUST
BE
PAID
WITHIN

FIFTEEN
15 DAYS

CORRECTIVE

MEASURES
DUE
BY:
9 /
20 / 24
- - -

CORRECTIVE

MEASURES
TO
BE
TAKEN:

Provide
timeline
to
trim
or
reduce
excessive
flammable
vegetation,
dead
or
dying
shrubs,
trees
and
weeds,
remove
trash
and
junk;
provide
a
timeline
to
remove
any
trash,
junk,
household
items,
and
debris
fromthe
front
yard
and
driveway,
remove
inoperable
vehicles,
illegally
stored
trailer
and
provide
a
timeline
for
a
driveway
replacement
or
repair,
and
secure
garage
door
to
avoid
vandalism
and
squattin
CODE
OFFICER:

Rivera
SIGNATURE:

RESPONSIBLE
PERSON SIGNATURE:
(IF
ISSUED
IN

PERSON)
---_,.----~~--
20 of
74 November 18, 2025, Item #7

READ THE INFORMATION BELOW
YOU MAY BE CITED EACH DAY IF THE VIOLA TION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION, LEGAL ACTION

AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF CORRECTIVE ACTION IS NOT COMPLETED. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE DEADLINE, CONTACT THE ISSUING·OFFICER TO OBTAIN AN INSPECTION BEFORE THE DEADLINE. FAILURE TO PAY THE FINE WITHIN THE REQUIRED DEADLINE MAY RESULT IN AN ADDITIONAL 50% PENALTY BEING ADDED TO THE ORIGINAL FINE AMOUNT LISTED ON THE

FRONT OF THIS CITATION AND MAY RESULT IN COLLECTION AS A LIEN ON THE PROPERTY OR ANY OTHER LEGAL REMEDY AVAILABLE TO COLLECT SUCH MONEY.

Administrative Citation (PMC Chapter 1.10}
Poway Municipal Code Section 1.10.030 provides for the issuance of administrative citations for violation of ordinances or permit conditions. There are four levels of citations that can be issued progressively for a violation.

The fines, as indicated on the front of the citation, are $100.00 for the First Citation, $200.00 for the Second Citation, $500.00 for the Third Citation, and $1000.00 for the Fourth and subsequent Citations for the same violations within one year. These fines are cumulative and citations may be issued each day the violation exists. A warning, if issued, does not incur a fine and, therefore, may not be appealed.

Rights of Appeal {PMC Chapter 2.20}
You have the right to appeal this administrative citation within TEN (10) days from the citation issuance date by filing a Notice of Appeal together with an advanced deposit of the fine. An appeal must be in writing and delivered to the City Clerk's Office at City Hall, 13325 Civic Center Drive. A form may be obtained at that office. If you are unable to pay the fine, you must submit a hardship affidavit for consideration. That form may also be obtained at the City Clerk's Office. A properly filed appeal will result in an administrative hearing.

If the citation is not paid or appealed within the statutory time, you will receive an invoice from the City's Customer Services Division. Please follow the instructions on the invoice to ensure proper processing of your payment.

Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of Poway.

Failure of any person to properly file a written appeal within TEN (10} CONSECUTIVE days from the citation issuance date shall constitute a waiver of his or her right to an administrative hearing and adjudication of the administrative citation or any portion thereof and the total amount of the fine. If City Hall is closed on the 10th consecutive day, the deadline for appeal shall be 5 PM on the next business day.

The appeal must be legible and set forth:

1. The appellant's full name, address and phone number;

2. The subordinate entity;

3. The date of the determination;

4. The determination for which review is sought;

5. The appellant's interest in the appealed determination;

6. Each reason why the appellant appeals the determination including, if applicable, the Poway Municipal Code sections that are to be appealed; and

7. Be accompanied by the appeal fee established by resolution.

B. An insufficient appeal shall be returned to the appellant.

C. If the appeal is sufficient, the City Clerk shall set the matter for consideration by the hearing officer to be held in accordance with PMC 2.20.070.

Consequences of Failure to Correct Violations
There are numerous enforcement options that can be used to encourage the correction of violations. These options include, but are not limited to: civil penalties, abatement, criminal prosecution, civil litigation, and recording the violation with the County Recorder. Any of these options or others may be used if administrative citations do not achieve compliance.

How to Pay Fine/Questions Regarding Compliance
The amount of the fine is indicated on the front of this administrative citation. You may pay by mail (post marked prior to the deadline) or in person at Poway City Hall, 13325 Civic Center Drive, Customer Services Division.

Payment should be made by personal check, cashier's check, or money order, payable to the City of Poway. Please write the citation number on your check or money order. If you need further clarification about payment of the citation, please call (858) 668-4401 or email [email protected] for the Customer Services Division. If you need further information about the violations and/or how to comply, please call the officer designated on the front of this form at (858) 668-4660 or [email protected].

A full description of the hearing process for the City's administrative hearing violations and your rights in that process are found in Poway Municipal Code Chapter 1.10 and 2.20. 21 of 74
November 18, 2025, Item #7

ADMINISTRATIVE

CITATION
CITY
OF
POWAY

DEVELOPMENT

SERVICES
CODE

COMPLIANCE
Citation
No.
19-0771.01
Case
No.
19-0771
DATE
ISSUED:
07 ;20
;202

VIOLATION

ADDRESS/
LOCATION:
14025
TIERRA
BONITA
RD
TIME:
12 . 00
POWAY,
CA92064
APN:
321-140-3100

DATE/TIME
OF
VIOLATION(S):
7/20/2023

RESPONSIBLE
PERSON:

MONTFORT
NOELA
FAMILY
TRUST
01-26-20

MAILING

ADDRESS
{IF

DIFFERENT
THAN
ABOVE):

N/A SECTIONS
OF
POWAY

MUNICIPAL
CODE
PMC

VIOLATED
l!il

17.54.020
-

NUISANCE
USES
/ALTERATIONS
/ IMPROVEMENTS
/ BUILDINGS
(CITED
PER
SEC

1.10 .0JO(A)]
0 8.80.0300
(A)
0 (B)
0 (C)
-
JUNK

ACCUMULATION

VIOLATION(S)
l!il

8.76.035
(A)-VEGETATION

MANAGEMENT/
DRY

VEGETATION
0 8.76.0300
(A)
0 (B)
0 (D)(1)-

DEFENSIBLE
SPACE/

FLAMMABLE

VEGETATION
0 17.42.060
(G)(1)-
YARD

PARKING
0 13.19.050
0 (A)
0 (C)
O
_/
0 13.09.070(A)-STORM
WATER
VIOLATION($)
0 1.08.010(S)-VIOLATION
OF
STOP
WORK
NOTICE
l!il
OTHER
DESCRIPTION: PMC

10.52.050,

8.76.040,

8.76.090,

8.80.040,

10.52.040,

10.52.050,

15.02.010,

17.08.170(0),

17.08 .230
□
FINE
PER

VIOLATION
TOTAL:
$100.00
ii
1sr

CITATION
-$100
□
2ND

CITATION
-$200
0 3RD

CITATION
-$500
□
4TH

CITATION
-$1000
□
CITATION-$
NOTICE:

ALL
FINES

MUST BE

PAID WITHIN

FIFTEEN
(15
DAYS

CORRECTIVE

MEASURES
DUE
BY:
8 / 3 /
23 CORRECTIVE

MEASURES
TO
BE
TAKEN:

Obtain
a
plumbin
permit
for
the
unpermited
installation
of
the
water
heater
and
provide
a
timeline
to
obtain
all
necessary
inspections,
including
the
final
with
a
"pass"
result;
provide
a
timeline
to
trim
or
reduce
excessive
flammable
vegetation,
dead
or
dying
shrubs,
trees
and
weeds,
remove
trash
and
junk;
provide
a
timeline
to
remove
any
trash,
junk,
household
items,
and
debris
from
the
front
yard
and
driveway;
remove
inoperable
veh
icles,
illegally
stored
trailer
and
provide
a
timeline
for
the
driveway
replacement
or
repair.

CODE
OFFICER:

RIVERA

RESPONSIBLE
PERSON
SIGNATURE:
(IF
ISSUED
IN

PERSON)
'l"l'P.~~~
22 of
74 November 18, 2025, Item #7

READ THE INFORMATION BELOW
YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONT/NUE(S). OTHER ENFORCEMENT ACTION, LEGAL ACTION

AND PENAL TIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF CORRECTIVE ACTION IS NOT COMPLETED. IF THE VIOLATION(S) (S/ARE CORRECTED WITHIN THE DEADLINE, CONTACT THE ISSUING OFFICER TO OBTAIN AN INSPECTION BEFORE THE DEADLINE. FAILURE TO PAY THE FINE WITHIN THE REQUIRED DEADLINE MAY RESULT IN AN ADDITIONAL 50% PENAL TY BEING ADDED TO THE ORIGINAL FINE AMOUNT LISTED ON THE

FRONT OF THIS CITATION AND MAY RESULT IN COLLECTION AS A LIEN ON THE PROPERTY OR ANY OTHER LEGAL REMEDY AVAILABLE TO COLLECT SUCH MONEY.

Administrative Citation (PMC Chapter 1.10)
Poway Municipal Code Section 1.10.030 provides for the issuance of administrative citations for violation of ordinances or permit conditions. There are four levels of citations that can be issued progressively for a violation.

Rights of Appeal (PMC Chapter 2.20)
You have the right to appeal this administrative citation within TEN (10) days from the citation issuance date by filing a Notice of Appeal together with an advanced deposit of the fine. An appeal must be in writing and delivered to the City Clerk's Office at City Hall, 13325 Civic Center Drive. A form may be obtained at that office. If you are unable to pay the fine, you must submit a hardship affidavit for consideration. That form may also be obtained at the City Clerk's Office. A properly filed appeal will result in an administrative hearing.

Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of Poway.

Failure of any person to properly file a written appeal within TEN (10) CONSECUTIVE days from the citation issuance date shall constitute a waiver of his or her right to an administrative hearing and adjudication of the administrative citation or any portion thereof and the total amount of the fine. If City Hall is closed on the 10th consecutive day, the deadline for appeal shall be 5 PM on the next business day.

The appeal must be legible and set forth:

1. The appellant's full name, address and phone number;

2. The subordinate entity;

3. The date of the determination;

4. The determination for which review is sought;

5. The appellant's interest in the appealed determination;

6. Each reason why the appellant appeals the determination including, if applicable, the Poway Municipal Code sections that are to be appealed; and

7. Be accompanied by the appeal fee established by resolution.

B. An insufficient appeal shall be returned to the appellant.

C. If the appeal is sufficient, the City Clerk shall set the matter for consideration by the hearing officer to be held in accordance with PMC 2.20.070.

A full description of the hearing process for the City's administrative hearing violations and your rights in that process are found in Poway Municipal Code Chapter 1.10 and 2:20. • • 23 of 74
November 18, 2025, Item #7
STEVE
VAUS,
tvlayor
CITY
OF
POWAY
BJ\RRY
LEON1\RD,
Deputy
Mayor
PETER
DE
HOFF,
Councilmcmbcr
CA
YLIN
FRANK
, Councilmcmbcr
BRIAN
PEPIN
, Councilmcmbcr
Second
Notice
of
Violation
April
13,
2023
Noela
Montfort
Family
Trust
01-26-20
c/o
Dawn
Montfort
14025
Tierra
Bonita
Road
Poway,
CA
92064
APN
: 321-140-31-00
SUBJECT:

Accumulation
of
Junk,
Dead
Vegetation,
Dilapidated
Driveway,
Inoperable
Vehicle,
Unpermitted
Water
Heater
Installation
at
14025
Tierra
Bonita
Road;
(APN
: 321-140-31-00);
Case
Number
: 19-0771
and
20-
0725
•
•
•
•
Dear
Property
Owner,
Your
property
located
at
14025
Tierra
Bonita
Rd,
Poway,
CA
92064,
(APN:
321
-140-31-00),
has
multiple
open
code
violations
. These
include excessive
dead
or
dying
vegetation,
accumulation
of
junk
and
debris,
a
dilapidated
driveway,
and
the
unpermitted
installation
of
a
water
heater
. These
are
in
violation
of
the
City
of
Poway
Municipal
Code
(PMC)
Section(s)

8.76.035(A),

8.76.040,

8.76.090,

8.80.040,

10.52 .040,
10 .52.050,
15 .02.010
, 17
.08
.170(0),
17 .08
.230
and

17.54.020
(Attachment
1 ).

On
February
6,
2023,
a
Courtesy
Notice
was
sent
to
your
address.

On
March
22,
2023,
a
Notice
of
Violation
was
sent
to
your
address.

From
thereafter,
you
were
required
to
obtain
a plumbing
permit,
reduce
flammable
vegetation,
and
remove
trash,
junk,
household
items,
and
debris
from
the
front
yard
and
driveway
.

Since
the
date
of
the
letter,
there
have
been
no
attempts
to
correct
the
violations
listed
on
the
letter.

Excessive
dead
or
dying
vegetation,
trees
and
shrubs
continue
to
be
unabated
on
your
property
, as
well
as
junk
items
in
the
driveway/front
yard
area
. No
plumbing
permit
was
obtained.

Also,
there
is
now
an
illegally
stored
trailer
in
the
front
yard
and
your
driveway
does
not
comply
with
City
standards
for
a
required
driveway
which
leads
to
loose
aggregate
into
the
right-of-way
.

This
is
a
Notice
of
Violation
informing
you
that
you
are
required
to
complete
the
following
corrective
measures
within
fifteen
(15)
days
from
the
date
of
this
letter
:

1. Obtain
a
plumbing
permit
for
the
unpermitted
installation
of
the
water heater
and
provide
a
timeline
to
obtain
all
necessary
inspections,
including
the
final
with
a
"pass"
result.

2. Provide
a
timeline
to
trim
or
reduce
excessive,
flammable
vegetation,
dead
or
dying
shrubs,
trees
and
weeds
on
your
property,
as
well
as
remove
trash,
junk
or
items
identified
in
the
enclosed
photos.

3. Provide
a
timeline
to
remove
any
trash
, junk,
household
items,
and
debris
from
the
front
yard
and
driveway
.

4. Remove
inoperable
vehicle
from
property.

5. Remove
illegally
stored
trailer
.

6. Provide
a
timeline
for
the
driveway
replacement
or
repair.

Failure
to
correct
these
violations
by
the
required
date
may
result
in
the
issuance
of
an
Administrative
Citation(s)
Attachment
1,
withholding
of
any
permit
or
license,
Nuisance
Abatement
Proceedings
and/or
referral
to
the
City
Attorney.
24 of
74 City
Hall
Located
at
13325
Civic
Center
Drive
Mailing
Address:

P.O.

Box
789,
Poway,
California
92074-0789
www.poway.org
November 18, 2025, Item #7
Thank
you
for
your
cooperation
in
this
matter
. Should
you
have
any
questions,
I may
be
reached
at
(858)-668-
4663
or
[email protected]
.

RM:

J__
~
-
Marc
LeDrew
Code
Compliance
Officer

DEVELOPMENT

SERVICES

DEPARTMENT
Attachments:

1. Poway
Municipal
Code
(PMC)
Section(s)

1.10 .030
25 of
74 November 18, 2025, Item #7
Attachment
1 PM~

1.10.030:

Issuance
of
Administrative
Remedies
A.

Any
responsible
person
who
violates
any
provision
of
the
Poway
Municipal
Code
or
regulation
of
the
City,
any
condition
of
approval
of
a
permit
or
entitlement,
any
condition
of
an
environmental
review,
or
any
term
or
condition
of
any
agreement
with
the
City
made
pursuant
to
the
police
power may
be
issued
an
administrative
citation
by
an
enforcement
officer
as
provided
in
this
chapter.

A
violation
of
the
Poway
Municipal
Code
includes,
but
is
not
limited
to,
all
violations
of
that
code,
the
Uniform
Codes
adopted
by
the
City
Council,
and
all
uncodified
ordinances.

A
violation
of
a
condition
of
approval
of
a
permit
or
entitlement
includes,
but
is
not
limited
to,
a
conditional
use
permit,
minor
conditional
use
permit,
temporary
use
permit,
development
review,
sign
permit,
variance,
specific
plan,
parcel
map,
subdivision
map,
building
or
grading
permit,
any
plan,
permit
or
any
best
management
practice
authorized,
issued
or
required
by
Chapter

13.09 PMC,
any
encroachment
or
right-of
way
permit,
any
license
or
permit
issued
pursuant
to
PMC
Title
§,
any
drug
paraphernalia
license
issued
pursuant
to
Chapter

9.08 PMC,
and
any
adult-oriented
business
regulatory
permit
required
by
Chapter

17.38 PMC.

A
violation
of
a
condition
of
approval
of
an
environmental
review
includes,
but
is
not
limited
to,
any
environmental
impact
report,
mitigated
negative
declaration,
negative
declaration,
or
determination
of
categorical
exemption.

A
violation
of
a
term
or
condition
of
any
agreement
with
the
City
made
pursuant
to
the
police
power
includes,
but
is
not
limited
to,
any
development
agreement,
owner
participation
agreement,
disposition
and
development
agreement,
road
maintenance
agreement,
any
easement,
license,
or
other
real
property
use
agreement,
or
any
agreement
made
with
the
City
to
implement
any
ordinance,
plan,
permit,
entitlement,
or
review
approved
by
the
City.

Causing,
permitting,
aiding,
or
abetting
noncompliance
with
any
part
of
the
Poway
Municipal
Code
constitutes
a
violation
of
this
chapter.

Any
falsification
or
misrepresentation
made
to
the
City
concerning
compliance
with
this
chapter
, including
any
misrepresentation
in
a
voluntary
disclosure,
any
submission
of
a
report
that
omits
required
material
facts
without
disclosing
such
omission,
and
any
withholding
of
information
required
to
be
submitted
by
or
pursuant
to
this
chapter
in
order
to
delay
City
enforcement
action,
is
a
violation
of
this
chapter.

Concealing
a
violation
of
this
chapter
is
a
violation
of
this
chapter. B.

Each
and
every
day
a
violation
exists
constitutes
a
separate
and
distinct
offense
.

Administrative
Citations.

A
separate
citation
may
be
issued
for
each
day
a
violation
occurs
. A
civil
fine
shall
be
assessed
by
means
of
an
administrative
citation
issued
by
the
enforcement
officer
and
shall
be
payable
directly
to
the
City
of
Poway.

Fines
shall
be
assessed
in
amounts
not
to
exceed
$1,000
for
each
violation,
or
as
follows: 1. A
fine
not
exceeding
$100.00
for
a
first
violation;

2. A
fine
not
exceeding
$200
.00
for
a
second
violation
of
the
same
ordinance,
term,
or
condition
within
one
year
from
the
date
of
the
first
violation;

3. A
fine
not
exceeding
$500
.00
for
a
third
violation
of
the
same
ordinance,
term,
or
condition
within
one
year
from
the
date
of
the
first
violation;

4. A
fine
not
exceeding
$1,000
for
each
additional
violation
after
the
third
violation
of
the
same
ordinance,
term
or
condition
within
one
year
from
the
date
of
the
first
violation
. (Ord.
827
§ 2
(Exh.
1 ),
2019;
Ord
. 557
§
2,
2002)
26 of
74 November 18, 2025, Item #7
STEV
E
\/AUS,
Mayor
CITY
OF
POWAY
BARRY

LEONARD,
Deputy
Mayor
PETER
DE
HOFF,
Councilmcmbcr
CA
YLIN
FRANK,
Councilmcmbcr
BRI
1\N
PEPIN,
Councilmcmbcr
February
6,
2023
Property
Owner
Montfort
Noela
Family
Trust
01-26-20
C/O
Dawn
Montfort
14025
Tierra
Bonita
Road
Poway,
CA
92064
APN:
3211403100
Courtesy
Notice
SUBJECT:

Accumulation
of
Junk,
Dead
Vegetation,
Dilapidated
Driveway,
Inoperable
Vehicle,
Unpermitted
Water
Heater Installation
at
14025
Tierra
Bonita
Road;
(APN:
3211403100);
Case
Number:
19-0771
and
20-0725
Dear
Property
Owner,
Your
property
located
at
14025
Tierra
Bonita
Rd,
Poway,
CA
92064,
(APN
: 3211403100),
has
multiple
open
code
violations
. These
include
excessive
dead
or
dying
vegetation,
accumulation
of
junk
and
debris,
a
dilapidated
driveway,
and
the
unpermitted
installation
of
a
water
heater
that
are
in
violation
of
the
City
of
Poway
Municipal
Code
(PMC)
Section(s)

8.76.035(A),

8.76.040,

8.76.090,

8.80.040,

10.52 .040,

10.52.050,

15.02.010,

17.08.170(0),

17.08 .230
and

17.54.020
(Attachment
1).

On
December
27,
2021,
a
Notice
of
Violation
was
sent
to
your
address
(Attachment
2)
.

From
thereafter,
you
were
required
to
obtain
a
plumbing
permit,
reduce
flammable
vegetation
and
remove
trash,
junk,
household
items,
and
debris
from
the
front
yard
and
driveway.

Since
the
date
of
the
notice,
there
have
been
no
attempts
to
correct
the
violations
listed
on
the
notice
.

Excessive
dead
or
dying
vegetation,
trees
and
shrubs
continue
to
be
unabated
on
your
property,
as
well
as
junk items
in
the
driveway/front
yard
area
and
no
plumbing
permit
was
obtained.

Also,
there
is
now
an
illegally
stored
trailer
in
the
front
yard
and
your
driveway
does
not
comply
with
City
standards
for
a
required
driveway
which
leads
to
loose
aggregate
into
the
right-of-way.

Attachment
3 contains
photographs
of
your
property
that
were
taken
on
January
25 , 2023.

This
is
a
Courtesy
Notice
informing
you
that
you
are
required
to
complete
the
following
corrective
measures
within
fifteen
(15)
days
from
the
date
of
this
letter:

1. Obtain
a
plumbing
permit
for
the
unpermitted
installation
of
the
water
heater
and
provide
a
timeline
to
obtain
all
necessary
inspections,
including
the
final
with
a
"pass"
result.

2. Provide
a timeline
to
trim
or
reduce
excessive,
flammable
vegetation,
dead
or
dying
shrubs,
trees
and
weeds
on
your
property,
as
well
as
remove
trash,
junk
or
items
identified
in
the
enclosed
photos
.

3. Provide
a
timeline
to
remove
any
trash,
junk,
household
items,
and
debris
from
the
front
yard
and
driveway
.

4. Remove
inoperable
vehicle
from
property
.

5. Remove
illegally
stored
trailer
.

6. Provide
a
timeline
for
the
driveway
replacement
or
repair
.

City
Hall
Located
at
13325
Civic
Center
Drive
Mailing
Address:

P.O.

Box
789,
Poway,
California
92074-0789
www.poway.org
November 18, 2025, Item #7
Failure
to
correct
these
violations
by
the
required
date
may
result
in
the
issuance
of
a
Notice
of
Violation,
recordation
of
a
Notice
of
Violation
against
the
property,
issuance
of
Administrative
Citation(s),
withholding
of
any
permit
or
license,
Nuisance
Abatement
Proceedings
and/or
referral
to
the
City
Attorney.

Thank
you
for
your
cooperation
in
this
matter.

Should
you
have
any
questions,
I may
be
reached
at
(858)-668-4604
or
ddevries@poway
.org
.

Respectfully,
C----
David
DeVries
City
Planner

DEVELOPMENT

SERVICES

DEPARTMENT
Attachments: 28
of
74 1.

Poway
Municipal
Code
(PMC)
Section(s)

8.76.035(A),

8.76.040,

8.76.090,

8.80.040,

10.52.040,

10.52 .050,
15 .02.010,
17 .08.170,
17 .08.230
and

17.54.020

2. Notice
of
Violation
Issued
December
27,
2021

3. Current
Photographs
November 18, 2025, Item #7
Attachment
1 8.

76.035
Vegetation
management
-
Weeds
and
dry
grasses
A.

All
weeds,
dry
grasses,
dead
shrubs,
dead
or
dying
trees,
rubbish,
or
any
material
growing
upon
the
streets,
sidewalks,
or
upon
private
property
within
the
City,
which
bear
seeds
of
a wingy
or
downy
nature
or
which
by
reason
of
their
size,
manner
of
growth,
and
location
constitute
a fire
hazard
to
any
buildings,
improvements,
crops
or
other
property,
and
weeds
and
grasses
which,
when
dry,
will
in
reasonable
probability
constitute
such
a
fire
hazard,
are
declared
by
this
chapter
to
be
a
public
nuisance. 8.

76.040
Waste
matter.

35.402)

8. 76.090
Abatement
of
nuisance
by
Director
of
Development
Services
or
Fire
Marshal
If
the
owner,
agent
of
the
owner,
or
the
person
in
possession
of
the
lot
or
premises
fails
or
neglects
to
abate
the
nuisance
as
defined
in
this
chapter,
within
the
time
specified
in
this
chapter,
the
Director
of
Development
Services
or
Fire
Marshal
shall
cause
such
nuisance
to
be
abated
. The
abatement
work
may
be
done
by
City
crews
or
by
private
contractor.

A report
of
the
proceedings
and
an
accurate
account
of
the
cost
of
abating
the
nuisance
on
each
separate
property
shall
be
filed
with
the
City
Council.
(Ord.
827
§ 2
(Exh.
1),
2019;
Ord.
677
§
10,
2008;
Ord.
518,
1999;
Ord
. 457
§
2(8),
1996
;
Ord.
41 §
2,
1981;
Ord.
29 §
1,
1981;
CC§

35.408)

8.80.040
Regulations
A.

All
exterior
areas
where
junk
is
stored
shall
comply
with
Chapter
13 .09
PMC,
PMC
Title
15,
PMC
Title
16,
Division
VI,
and
each
of
the
following:

1. The
following
structural
best
management
practices
(BMPs)
shall
be
incorporated
into
areas
where
junk
is
to
be
stored
:
a.

Grade
impervious
surfaces
to
drain
to
vegetated
areas.
b.

Minimize
the
area
of
impervious
surfaces
such
as
paved
areas,
roofs
and
concrete
driveways.
c. Incorporate
pervious
or
porous
surfaces
(e.g.,
gravel,
permeable
pavers
or
blocks,
pervious
or
porous
concrete)
that
minimize
runoff.
d.

All
exposed
junk
shall
be
elevated
above
the
ground
with
nonmetallic
or
other
nonpolluting
materials
so
that
no
sediment runoff
will
occur;
and
e. All
exposed
junk
shall
be
covered
by
an
impervious
fabric.

2. Long-term
maintenance
of
all
structural
BMPs
is
required
in
accordance
with
Chapter 16.104
PMC
.

3. Compliance
with
stormwater BMPs
shall
be
adhered
to.

4. Areas
shall
be
maintained
so
as
to
not
be
conducive
to
the
breeding,
shelter
or
harborage
of
insects,
rodents,
vermin
or
pests.

5. Junk
and
operations
associated
with
junk
shall
not
create
any
odor,
generate
any
airborne
particulate
matter,
or
generate
any
excessive
noise
for
adjacent
property
.
29 of
74 November 18, 2025, Item #7

10.52.040
Purpose
and
intent
The
purpose
and
intent
of
the Council
in
adopting
this
article
is
to
establish
procedures
pursuant
to
Sections
22660
to
22664
of
the
California
Vehicle
Code
for
the
abatement,
removal
and
disposal
as
public
nuisances,
of
abandoned,
wrecked,
dismantled
or
inoperative
vehicles
or
vehicle
parts
from
private
or
public
property,
not
including
highways.
(Ord.
25 §
2(a),
1981)

10.52.050
Removal
and
Disposal
Procedures
Any
vehicle
located
on
property
other
than
a
highway
may
be
removed
as
a
public
nuisance
and
disposed
of
in
accordance
with
the
following
procedures:

Not
less
than
10 days
prior
to
any
removal
or
disposal
of
a
vehicle,
a notice
of
intention
to
abate
and
remove
the
vehicle
as
a
public
nuisance
shall
be
issued
unless
the
property
owner
and
the
owner
of
the
vehicle
have
signed
releases
authorizing
removal
and
waiving
further
interest
in
the
vehicle.

The
notice
shall
contain
a
statement
of
the
hearing rights
of
the
owner
of
the
vehicle
and
of
the
owner
of
the
property
on
which
the
vehicle
is
located
. The
statement
shall
include
notice
to
the
property
owner that
he
may
appear
in
person
at
a
hearing
or
may
submit
a
sworn
written
statement
denying
responsibility
for
the
presence
of
the
vehicle
on
the
land,
with
his
reasons
for
such
denial,
in
lieu
of
appearing.

The
notice
of
intention
to
abate
shall
be
mailed,
by
registered
or
certified
mail,
to
the
owner
of
the
land
as
shown
on
the
last
equalized
assessment
roll
and
to
the
last
registered
and
legal
owners
of
record
unless
the
vehicle
is
in
such
condition
that
identification
numbers
are
not
available
to
determine
ownership.

Upon
request
by
the
owner
of
the
vehicle
or
the
owner of
the
land
on
which
the
vehicle
is
located,
a
public
hearing
shall
be
held
before
the
City
Manager
or
any
other
regularly
salaried
full-time
employee
of
the
City
whom
the
City
Manager
may
designate.

This
request
shall
be
made
to
the
Manager
or
his
designee
within
1 O
days
after
the
mailing
of
the
notice
of
intention
to
abate
and
remove
the
vehicle.

The
owner
of
the
land
on
which
the
vehicle
is
located
may
appear
in
person
at
the
hearing.

Instead
of
making
an
appearance,
he
may
present
a
sworn
written
statement,
in
time
for
consideration
at
the
hearing,
denying
responsibility
for
the
presence
of
the
vehicle
on
the
land,
with
his
reasons
for
his
denial.

This
statement
shall
be
construed
as
a
request
for
a
hearing
which
does
not
require
the
presence
of
the
owner submitting
the
request.

If
it
is
determined
at
the
hearing
that
the
vehicle
was
placed
on
the
land
without
the
consent
of
the
landowner
and
that
he
has
not
acquiesced
in
its
presence,
then
the
costs
of
administration
or
removal
of
the
vehicle
shall
not
be
assessed
against
the
property
upon
which
the
vehicle
is
located,
pursuant
to
Government
Code
Section
38773.5,
or
collected
from
the
landowner.

No
person
shall
reconstruct
or
make
operable
any
vehicle
removed
under
the
provisions
of
this
article,
unless
it
is
a
vehicle
which
qualifies
for
either
horseless
carriage
license
plates
or
historical
vehicle
license,
pursuant
to
Section
5004
of
the
California
Vehicle
Code,
in
which
case
the
vehicle
may
be
reconstructed
or
made
operable.

5.02.010
Adoption
of
the
California
Administrative
Code,
Part
1,
Title
24 of
the
California
Code
of
Regulations
There
is
hereby
adopted
and
incorporated
by
reference
herein
that
certain
document
known
as
the
California
Administrative
Code,
Part
1,
Title
24 of
the
2019
California
Code
of
Regulations,
published
by
the
California
Building
Standards
Commission
. Said
document
is
adopted
without
change
for
the
purpose
of
establishing the
administration,
organization,
and
enforcement
of
rules
and
regulations
for
·
the
2019
California
Code
of
Regulations
adopted
by
the
City.

All
provisions
of
the
California
30 of
74 November 18, 2025, Item #7
Administrative
Code,
2019
Edition,
are
referred
to
, adopted
and
made
a
part
of
this
code,
as
though
fully
set
forth
herein.
(Ord
. 835
§
5,
2019
; Ord.
827
§ 2
(Exh
. 1)
, 2019
; Ord
. 526
§ 2
(B),
2000)
17 .08.170
Property
development
standards
-
Additional
requirements
D.

Driveway
Requirements
.

1. Each
building
site
shall
have
a
minimum 20-foot-wide
vehicular
access
to
a
street.

2. Driveway
and
other
concrete
or
asphalt
concrete
areas
available
for
parking
shall
not
exceed
50 percent
of
the
required
front
yard
area.

3. Driveways
serving
one
or
two
parcels
in
residential
zones
shall
be
constructed
subject
to
the
following
standards:

Zones
Max.

Grade
Break*
Max.

Min.

Surfacing
Width
Slope
0-15%
15-25%
RS-3 RS-4
14%
Min
. 12
feet
RS-7
(Minimum
tangent
length
-
20%
***
6"P.C.C.
6"
P.C.C.

Max
. 30
feet
RC
10')
RA RS-1 RS-2
Min.
12 feet
RR-A
14%
20%
***
2"
A.C.**
6"
P.C.C.

Max
. 30
feet
RR-B RR-C *
Vertical
curve
(min
. 50
feet
long)
can
be
utilized
with
approval
of
the
City
Engineer.
**
For
slopes
between
1 %
and
10%,
gravel
may
be
used
based
upon
the
following
specifications:
a. The
native
soil
must
have
a
minimum
R-value
of
50 and
minimum
sand
equivalency
of
20 .
b.

Scarify
and
compact
the top
12"
of
subgrade
to
95%
relative
compaction
. Over
subgrade,
compact
the
specified
amount
of
Class
II
base
to
95%,
based
upon
the
following
table
:

R-Value
Inches
of
Base
50 6"
60 5"
68 4"
75 3"
80 and
over
None
31 of
74 November 18, 2025, Item #7
17 .08.230
Performance
standards
in
residential
zones
A.

The
noise
level
emanating
from
any
residential
use
or
operation
shall
not
exceed
60 dBA
CNEL
for
the
RR-A
through
RR-C
and
RS
zones
and
65 dBA
CNEL
for
the
RC
and
RA
zones,
as
the
acceptable
outdoor
noise
exposure
level
when
measured
at
the
property
line.

The
interior
noise
levels
shall
not
exceed
45 dBA
CNEL
for
all
residential
uses.

For
schools,
libraries,
churches,
hospitals,
nursing
homes,
park
and
recreation
areas,
the
outdoor
acceptable
exposure
level
shall
not
exceed
70 dBA
CNEL
when
measured
at
the
property
line
.

Air
conditioners,
antennas
(excepting
amateur
radio
antenna
installations
subject
to
Chapter
17 .31
PMC),
heating,
cooling,
ventilating
equipment
and
all
other
mechanical,
lighting
or
electrical
devices
shall
be
so
operated
that
they
do
not
disturb
the
peace,
quiet
and
comfort
of
neighboring
residents,
and
shall
be
screened,
shielded
and/or
sound
buffered
from
surrounding
properties
and
streets.

All
equipment
shall
be
installed
and
operated
in
accordance
with
all
other
applicable
ordinances.

Heights
of
said
equipment
shall
not
exceed
the
required
height
of
the
zone
in
which
they
are
located.

Required
front
and
street
side
yards
shall
be
landscaped
and
shall
consist
predominantly
of
trees,
plant
materials,
ground
cover
and
decorative
rocks,
except
for
necessary
walks,
drives
and
fences.

All
required
landscaping
shall
be
permanently
maintained
in
a
healthy
and
thriving
condition,
free
from
weeds,
trash
and
debris.

Semi-trucks
and
trailers,
dump
trucks,
moving
vans
and
other
heavy-duty
commercial
vehicles
shall
not
be
parked
on
any
residentially
zoned
lot
for
a
period
of
longer
than
eight
hours.
(Ord.
771
§
3,
2014;
Ord.
674
§
11,
2008;
Ord.
481
§
3,
1997;
Ord.
456
§
1,
1996;
Ord.
293
§
2,
1989;
Ord.
225
§
1,
1987;
Ord.
178
§
1(A),
1985;
Ord
. 113
§ 1
(Exh
. A 2
.3(A)),
1983)

17.54.020
Actions
deemed
nuisance
All
erection,
construction,
enlargement,
alteration,
repair,
moving,
removal,
conversion,
demolition,
occupancy, equipment,
use,
height,
area
and
maintenance
of
buildings
and
structures
within
the
City
of
Poway
shall
be
in
conformance
with
the
Poway
Municipal
Code
as
determined
by
the
Development
Services
Director
or
their
designee.

Any
building
or
structure
erected
hereafter,
or
any
use
of
property
contrary
to
the
provisions
of
a
duly
approved
development
permit,
minor
development review,
variance,
conditional
use
permit,
or
administrative
permit,
and/or
this
title,
is
unlawful
and
a
public
nuisance
per
se
and
subject
to
abatement,
citations
and
penalties
in
accordance with
Chapters

1.08,

1.10,

8. 72
and
15 .32
PMC.
(Ord.
827
§ 2
(Exh.
1 ),
2019;
Ord.
113
§ 1
(Exh.

1.6(8)),
1983)
32 of
74 November 18, 2025, Item #7
Attachment 2
:,Tl'.\"(·: \":\l.'5, \r,,.,, CITY OF POWAY ;_. I )l• I\ I] JO!i's ~!l.'1.1.1'-. Dc;i;,:v .\[;,:,;,, .

C ::\YI.,\: FR.\\:;..:. Co:_n,i!:n:::ll,cr
i),\ VJ·: (iRnsu r. l,(1'.1'.1Clf::,cm,,_r
il:\RRY f.E< l's.\RD. c .. cnnl:1:c~1bcr
' ., •,:,II • •.

Notice of Violation
December 27, 2021
Property Owner I Responsible Party
MONTFORT NOELA FAMILY TRUST 01-26-20

C/O DAWN MONTFORT
14025 TIERRA BONITA RD
POWAY, CA 92064
SUBJECT: Dead Vegetation, Accumulation of Junk, Unpermltted Water Heater lnstallatlon 14025 Tierra Bonita Rd., Poway, CA 92064
APN 321-140-3100
Case Number: 19-0771 and 20-0725
Dear Property Owner,
The City has been made aware of excessive, dead. or dying vegetation, accumulation of junk and debris on your property and the unpermitted instailation of a water heater of your property located at 14025 Tierra Bonita Rd, Poway. These are in violation of the City of Poway Municipal Code (PMC) SP.r.tinn(s) 8 71, mS(A). 8 71, 040_ 8 7F. O~O 8 80 040_ 1:1 O? 010. 17 08 ?10 ;:inrl 17 S4 O?O (see attached)
You were notified of these violations on Code Compliance case numbers 19-0771 and 20-0725. by Courtesy Not1ce(sJ on March 3, April 16 and Notice of V101at1on(s) on April 16 and July 13.

Since the date of this notice. there have been no attempts to correct the violations listed in this notice. •
You are required to complete the following corrective measures within fifteen (15) days from the date of this letter:

1. Ubtarn a plumbing permit for the unperm1ttect 1nstallat1on ot the water heater, obtain all necessary inspections, includinq the final v.rith a "pass" result.

2. Trim or reduce excessive, flammable vegetation, dead or dying shrubs, trees and weeds on your property, as we!! as remove trash, junk or items identified in the enclosed photos.

3. Remove an)' trash. junk, household items, and debris from the front yard and driveway area.

C:iry Hall Lo..:a;:cJ :lt I 3 32 ', CiYic Center Drin:

Mailin~ :\ddrcss: r.o. !)OX i'S•). !\,way, C:a!itorni:_! 9207+07:')<J 33 of 74
November 18, 2025, Item #7
Failure
to
bring
your
property
into
compliance
will
result
in
fines
issued
to
you.

Further
nun-comp
licmce
mcty
result
in
the
issucmce
or
ct
Notice
ancJ
Order
lo
Al.Jette
ct
Nu
_isance.

Should
the
conditions
on
your
property
be
deemed
as
constituting
a
Public
Nuisance,
the
City
may
acquire
approval
to
obtain
a
Court
Order
to
remove
all
hazards
or
violations
from
your
property,
in
accordance
with
Poway
Municipal
Code
Section

8.76.090.

After
abatement
by
the
City,
any
legal
and
clean-up
costs
in
curred
by
the
City
to
remove
the
hazards/violations
from
your
property
would
be
added
to
your
property's
tax
bill
with
the
County
Tax
Assessor.

Additionally,
The
City
may
record
a
Notice
of
Violation
against
the
property,
impose
a
lien
against
the
property,
and/or
refer
the
case
to
the
City
Attorney
for
legal
action.

Properties
for-sale
may
result
in
the
immediate
recordation
of
a
Notice
of
Violation
against
the
property.

I appreciate
your
cooperation
in
resolving
this
matter.

If
you
have
any
questions
. please
contact
my
office
at
(858)
668
4663
or
[email protected]
.

Respectfully, DEVELOPMENT

SERVICES

DEPARTMENT
Jamie
Zeller
Code
Compliance
Officer
Attachments: 1. PMC
Sections8
.76
.035(A)
, 8.76
.040
, 8.76
.090.

8.80 .040
, 15.02
.010
. 17
.08.230
, and

17.54.020

2. Photographs
Attachm9nt
1 8.76.035
Vegetcttion
mc:1nctgement-Weeds
and:
dry
grctsses.

All
weeds,
dry
grasses
, dead
shrubs.
dead
or
dying
trees
. rubbish.
or
any
material
growing
upon
the
streets.
sidewalks.
or
upon
private
property
within
the
City
. which
bear
seeds
of
a
wingy
or
downy
nature
or
which
by
reason
of
their
size
, manner
of
growth
, and
location
constitute
a
fire
hazard
to
any
buildings.
improvements
, crops
or
other
property
. and
weeds
and
grasses
which.
when
dry
, will
in
reasonable
probability
constitute
such
a
fire
hazard,
are
declared
by
this
chapter
to
be
a
public
nuisance
.

B. Cultivated
and
useful
grasses
and
pasture
will
not
be
declared
a
public
nuisance
. However,
if
the
Director
of
Development
Services
or Fire
Marshal
determines
it necessary
to
protect
adjacent
improved
property
from
fire
exposure
. vegetative
management
may
be
required.
(Ord
. 827
§ 2
(Exh
. 1 ),
2019
; Ord
. 677
§
6, 2008)
34 of
74 November 18, 2025, Item #7

8. 76.040 Waste matter.

Waste matter as defined in this chapter. which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially l1arnper or interfere with lhe prevenlio11 or suµpression of fi1e upon lhe pre111ises, 01 lhe abale111enl of a nuisance, is declared a public nuisance. (Ord. 827 § 2 ( Exh. 1 ). 2019; Ord. 677 § 7. 2008:

Ord. 41 § 2, 1981: Ord. 29 § 1, 1981; CC§ 35.402)

8.76.090 Abatement of nuisance by Director of Development Services or Fire Marshal.

If the owner, agent of the owner, or the person in possession of the lot or premises fails or neglects to abate the nuisance as defined in this chapter, within ihe time specified in this chapter, the Director of Development Services or Fire Marshal shall cause such nuisance to be abated.

The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. (Ord 827 § 2 (Exh. 1 ), 2019; Ord. 677 § 10. 2008; Ord. 518, 1999; Ord. 457 § 2(8), 1996; Ord. 41 § 2, 1981: Ord. 29 § 1, 1981; CC§ 35.408)

8.80.040 Regulations.

A. All exterior areas where junk is stored shall comply with Chapter 13 09 PMC. PrvtC Title 15.

PMC Title 16, Division VI, and each of the following:

1. The following structural best management practices (BMPs) shall be incorporated into areas where junk is to be stored:
a. Grade impervious surfaces to drain to vegetated areas:
b. Minimize the area of impervious surfaces such as paved areas, roofs and concrete driveways; c. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that m1nim1ze runoff:
d. All exposed junk shall be elevated above the ground witl1 nonmetallic or other nonpolluting materials so th8t no sediment runoff will occur: and
e. All exposed junk shall be covered by an impervious fabric.

2. Long-term maintenance ot all structural BMPs 1s required 1n accordance with Chapter 16.1 U4 PMC.

3. Compliance with stormwater BMPs shall be adhered to.

4. Areas sl1all be maintained so as to not be conducive to the breeding, sl1elter or l1acborage of insects. rodents. vermin or pests.

5. Junk and operations associated with junk shall not create any odor. generate any airborne particulate matter. or generate any excessive noise for adjacent property. 35 of74
November 18, 2025, Item #7

6. Junk
shall
not
be
visible
from
adjacent
public
rights-of-way
, any
street.
and
any
area
accessible
to
the
public.

7. Junk
shall
not
constitute
a
danger
or
potential
danger
to,
or
otherwise
be
detrimental
to
. the
public
health
. safety
or
genera
l welfare.

6. Junk
sl1c:11i
nol
be
rnainlained
in
a
111an11er
thal
conslilules
a
fire
l1c:1Lard,
in
tile
opinion
or
lire
Director
of
Development
Services
or
his/her
designee.

9. Junk
shall
not
be
strewn
about
or
maintained
in
an
unsightly
condition
.
10 . Junk
shall
no
t invite
vandalism
or
other.vise
constitute
an
attractive
nuisance
.
11 . No
person
shall
accumulate
junk.,
or
permit
junk
io
be
accumulated
:
a.
\IVithin
four
feet
of
any
building
or
structure
, except
that
junk
may
be
accumulated
within
two
feet
of
a
fence
or
wall
wh
ich
is
constructed
of
nonflammable
material
and
is
not
used
for
structural
support
of
a
building
;
b. Within
15 feet
of
any
rear
lot
line
;
c. Within
10 feet
of
an,,
side
lot
line
; or
d
lnthefrontyard
(Ord
827§2(Exh
1).2019:Ord
29§1
.1981
:CC§68703
Formerly

8.80.030)

15.02.01 o
Adoption
of
the
California
Administrative
Code,
Part
1,
Title
24 of
the
California
Code
of
Regu
lations.

ThP.rP.
is
hP.rP.hy
::icinrtP.ri
::inci
inr.nrrnr::itP.ri
hy
n::;fP.rP.nr.P.
hP.rnin
thrit
r.P.rt::iin
cinr.1
imP.nt
known
::is
the
California
Administrative
Code
. Part
1,
Title
24 of
the
2019
California
Code
of
Regulations
,
published
by
the
California
Building
Standards
Commission
. Said
document
is
adopted without
change
for
the
purpose
of
establishing
the
administration
, organization
. and
enforcement
of
rules
and
regulations
for
the
2019
Cali
fornia
Code
ot
Regulations
adopted
by
the
City
. All
prov1s1ons
of
the
California
Administrative
Code
. 2019
Edition
. are
referred
to
. adop
ted
and
made
a
part
of
this
code,
as
though
fully
set
forth
herein.
(Ord.
835
§ 5
. 2019
: Ord.
827
§ 2
(Exh.
1).
2019:

Ord.
526
§
2 (B).
2000)

17.54.020 Act
ions
deemed
nuisance.

All
erection,
construction
, en!arqement.
alteration
. repair.
movinq
, removal
, conversion.
demolition
,
occupancy
. equipment.
use
. height
, area
and
maintenance
of
buildings
and
structures
within
the
City
of
Poway
shall
be
in
conformance
with
the
Poway
Municipal
Code
as
determined
by
the
Development
Services
Director
or
their
designee
. Any
building
or
structure
erected
hereafter,
or
any
use
of
property
contrary
to
the
provisions
of
a
dul}'
approved
development
permit.
minor
development
review
, variance
, conditional
use
permit,
or
administrative
permit.
and/or
this
title
, is
unlawful
and
a
public
nuisance
per
se
and
subject
to
abatement.
citations
and
penalties
in
accordance
with
Chapters

1.08 . 1.10.

8.72 and
15 .32
PMC.
(Ord
. 827
§ 2
(Exh
. 1).
2019
: Ord
. 113
§ 1
(Exh.

A 1
.6(8)).
1983)
36 of
74 November 18, 2025, Item #7
Attachment
2 37
of
74 November 18, 2025, Item #7
38 of74
November 18, 2025, Item #7
Attachment 3
)" -
·--~-:~r
·. ~., .... :,
.tJ]\10~ ................
39 of 74
November 18, 2025, Item #7
STEV
E
VAUS,
Mayor
CITY
OF
POWAY
BARRY

LEONARD
, Deputy
Mayor
CJ\
YLJN
FRANK,
Councilmcmbcr
DAVE

GROSCH,
Councilmcmbcr
JOHN

MULLIN,
Councilmcmbcr
November
5,
2021
Prperty
Occupant/Property
Owner
Dawn
Montfort
&
Montfort
Noela
Family
Trust
01-26-20
14025
Tierra
Bonita
Rd
Poway
CA,
92064
Sent
by
regular
and
Certified
7 □
1 9
0140
DODO
2403
1190
Subject:

Notice
of
Correction
-Amending
of
previous
correspondence
and
Citations;
Case
No.
19-0771
&
20-0725
Dear
Property
Owner,
A
review
of
the
case
file
correspondence
revealed
a
typographical
error
within
the
Property
Occupant
and
Property
Owner
information
indicated
on
the
following
forms:

Courtesy
Notice
letter
-Case
No.
20-0725.

Notice
of
Violation
letter
-
Case
No.
20-0725.

Citation
No.
20-0725-01
-
Case
No.
20-0725
.

Courtesy
Notice
Letter
-
Case
No.
19-0771.

Notice
of
Violation
letter
-Case
No
. 19-0771.

Citation
No.
19-0771-01
-
Case
No.
19-0771.

Citation
No.
19-0771-02
-
Case
No
. 19-0771
.

This
notice
letter
is
to
inform
you
that
the
Property
Occupant
(Dawn
Montfort)/Property
Owner
(Montfort
Noela
Family
Trust
01-26-20)
information
was
indicated
as,
"Dawn
Monfort
Montfort
Noela
Family
Trust
01-26-20,"
or,
"Dawn
Monfort
Montfort
&
Noela
Family
Trust
01-26-20"
or,
"DAWN

MONTFORT
Montfort
Noela
Family
Trust
01-26-20."
The
above
correspondence
should
have
been
indicated
as
"Dawn
Montfort
&
Montfort
Noela
Family
Trust
01-26-20,"
as
the
Property
Occupant/Property
Owner.

The
letters
and
Citations
listed
have
been
amended
to
reflect
the
correct
information
described
above,
and
amended
copies
have
been
attached
to
this
notice
letter
(Attachment
1 ).

Despite
the
minor
typographic
error,
all
other
property
identification
information
was
indicated
correctly.

Lastly,
any
appeal
remedies
to
the
enforcement
actions
described
in
these
letters
and
Citations
have
lapsed
their
respective
deadlines,
pursuant
to
Poway
Municipal
Code
Section

2.20.020
(Attachment
2)
however,
the
you
are
hereby
notified
that
you
have
the
opportunity
to
raise
this
matter
of
noticing
before
a
hearing
officer
for
a
determination,
should
you
appeal
Citation
No.
20-0725-03,
on
or
before
November
15,
2021,
in
the
manner
specified
in
Attachment

2. 40
of
74 City
Hall
Located
at
13325
Ci
vic Center
Driw
Mailing
Address:

P.O
. Box
7S9,
Poway,
California
92074-07S9
www
.poway.org
November 18, 2025, Item #7
Thank
you
for
your
cooperation
in
this
matter.

Should
you
have
any
questions,
I may
be
reached
at
[email protected]
or
(858)
668
4660.

Respectfully,
'
-----
Daniel
Welte,
Code
Compliance
Officer

DEVELOPMENT SERVICES

DEPARTMENT
Attachments:

1. Amended
correspondence.

2. Poway
Municipal
Code
Section

2.20.020.
41 of
74 November 18, 2025, Item #7

ADMINISTRATIVE

CITATION
Citation
No.
20-0725-6>
3 CITY
OF
POWAY

DEVELOPMENT

SERVICES
CODE

COMPLIANCE
Case
No.
20-0725
DATE
ISSUED:

TIME:

VIOLATION

ADDRESS/
LOCATION:
14025
Tierra
Bonita
Rd.

APN:
3211403100

DATE/TIME
OF
VIOLATION(S):

RESPONSIBLE
PERSON:

POWAY,
CA
92064
'l)R.

Dawn
Montfort
&
Montfort
Noela
Family
Trust
01-26-20

MAILING

ADDRESS
{IF

DIFFERENT
THAN
ABOVE):

SECTIONS
OF
POWAY

MUNICIPAL CODE
PMC

VIOLATED
□
17 .54
.020
-

NUISANCE
USES/
Al

TERATIONS
/IMPROVEMENTS/

BUILDINGS
(CITED
PER
SEC

1.10 .030(A)]
Iii

8.80.030ii
(A)
□
(B)
□
(C)
-
JUNK

ACCUMULATION

VIOLATION(S)
l!I

8.76 .035
(A)-VEGETATION

MANAGEMENT/
DRY

VEGETATION
□

8.76.030
□
(A)
□
(B)
□
(D)(1)-

DEFENSIBLE
SPACE/

FLAMMABLE

VEGETATION
□

17.42.060
(G)(1)-
YARD

PARKING
□

13.19.050
□
(A)
□
(C)
□
_ /
□

13.09.070(A)-
STORM
WATER

VIOLATION(S)
□

1.08.010(S)-VIOLATION
OF
STOP
WORK
NOTICE
l!I
OTHER
DESCRIPTION: 1.

8. 76.035(A)
-Nuisance
brush
contribu
ting
to
fire
hazard
cond
itions
.

2. 8. 76
.040
-Waste
matter/materials
on
property
.

3. 8.80.040(A)(6,
9)
; (11
)(d)
-Junk
accumulation
violations
.

4. 17.08
.230
-Front
yard
landscaping/maintenance
.
□
FINE
PER

VIOLATION
□
1sr

CITATION
-$100
TOT
AL:
$
'?fljO::;
□
2ND

CITATION
-$200
□
4TH

CITATION
-$1000
0 CITATION-$
NOTICE:

ALL
FINES

MUST BE
PAID
WITHIN

FIFTEEN
15 DAYS

CORRECTIVE

MEASURES
DUE
BY:

CORRECTIVE

MEASURES
TO
BE
TAKEN:

1. Trim
or
reduce
excessive,
flammable
vegetation,
dead
or
dying
shrubs,
trees
and
weeds
on
your
property,
as
well
as
remove
trash,
junk
or
items
from
areas
identified
in
previous
correspondence
notices
to
you.

Please
provide
a
reasonable,
written
timeline
to
trim
all
nuisance
trees,
weeds
and
vegetation,
as
well
as
we
remove
all
junk,
trash,
and
debris,
to
Officer
Jamie
Zeller,
at
(858)
668-4663
or
[email protected].

CODE
OFFICER:

Welte

RESPONSIBLE
PERSON
SIGNATURE:
.
(IF
ISSUED
IN

PERSON)
.
42 of
74 SIGNATURE:

November 18, 2025, Item #7
READ
THE

INFORMATION
BELOW
YOU
MAY
BE
CITED
EACH
DAY
IF
THE

VIOLATION(S)
CONTINUE(S).

OTHER

ENFORCEMENT

ACTION,
LEGAL
ACTION
AND

PENALTIES
MAY
ALSO
RESULT
IF

COMPLIANCE
IS
NOT

ACHIEVED
OR
IF

CORRECTIVE
ACTION
IS
NOT
COMPLETED.

THEVIOLATION(S)
IS/ARE

CORRECTED
WITHIN
THE

DEADLINE,

CONTACT
THE

ISSUING

OFFICER
TO
OBTAIN
AN

INSPECTION
BEFORE
THE
DEADLINE.

FAILURE
TO
PAY
THE
FINE
WITHIN
THE

REQUIRED

DEADLINE
MAY
RESULT
IN
AN

ADDITIONAL
50%

PENALTY
BEING
ADDED
TO
THE

ORIGINAL
FINE
AMOUNT
LISTED
ON
THE
FRONT
OF
THIS

CITATION
AND
MAY
RESULT
IN

COLLECTION
AS
A
LIEN
ON
THE

PROPERTY
OR
ANY
OTHER
LEGAL
REMEDY

AVAILABLE
TO

COLLECT
SUCH
MONEY.

Administrative
Citation
(PMC
Chapter

1.10)
Poway
Municipal
Code
Section

1.10.030
provides
for
the
issuance
of
administrative
citations
for
violation
of
ordinances
or
permit
conditions.

There
are
four
levels
of
citations
that
can
be
issued
progressively
for
a
violation.

These
fines
are
cumulative
and
citations
may
be
issued
each
day
the
violation
exists.

A
warning,
if issued,
does
not
incur
a
fine
and,
therefore,
may
not
be
appealed.

Rights
of
Appeal
(PMC
Chapter

2.20)
You
have
the
right
to
appeal
this
administrative
citation
within
TEN
(10)
days
from
the
citation
issuance
date
by
filing
a
Notice
of
Appeal
together
with
an
advanced
deposit
of
the
fine.

An
appeal
must
be
in
writing
and
delivered
to
the
City
Clerk's
Office
at
City
Hall,
13325
Civic
Center
Drive.

A
form
may
be
obtained
at
that
office.

If
you
are
unable
to
pay
the
fine,
you
must
submit
a
hardship
affidavit
for
consideration.
·
That
form
may
also
be
obtained
at
the
City
Clerk's
Office.

A
properly
filed
appeal
will
result
in
an
administrative
hearing.

If
the
citation
is
not
paid
or
appealed
within
the
statutory
time,
you
will
receive
an
invoice
from
the
City's
Customer
Services
Division.

Please
follow
the
instructions
on
the
invoice
to
ensure
proper
processing
of
your
payment.

Payment
of
the
fine
shall
not
excuse
the
failure
to
correct
the
violation
nor
shall
it
bar
further
enforcement
action
by
the
City
of
Poway
.

Failure
of
any
person
to
properly
file
a
written
appeal
within
TEN
(1
Ol

CONSECUTIVE
days
from
the
citation
issuance
date
shall
constitute
a
waiver
of
his
or
her
right
to
an
administrative
hearing
and
adjudication
of
the
administrative
citation
or
any
portion
thereof
and
the
total
amount
of
the
fine.

If
City
Hall
is
closed
on
the
10th
consecutive
day,
the
deadline
for
appeal
shall
be
5 PM
on
the
next
business
day.

The
appeal
must
be
legible
and
set
forth:

1. The
appellant's
full
name,
address
and
phone
number;

2. The
subordinate
entity;

3. The
date
of
the
determination;

4. The
determination
for
which
review
is
sought;

5. The
appellant's
interest
in
the
appealed
determination;

6. Each
reason
why
the
appellant
appeals
the
determination
including,
if
applicable,
the
Poway
Municipal
Code
sections
that
are
to
be
appealed;
and

7. Be
accompanied
by
the
appeal
fee
established
by
resolution.

An
insufficient
appeal
shall
be
returned
to
the
appellant.

If
the
appeal
is
sufficient,
the
City
Clerk
shall
set
the
mattt::r
for
consideration
by
·the
hearing
officer
to
be
held
in
accordance
with
PMC

2.20.070.

Consequences
of
Failure
to
Correct
Violations
There
are
numerous
enforcement
options
that
can
be
used
to
encourage
the
correction
of
violations.

These
options
include,
but
are
not
limited
to
:
civil
penalties,
abatement,
criminal
prosecution
, civil
litigation,
and
recording
lhe
violation
with
the
County
Recorder.

Any
of
these
options
or
others
may
be
used
if
administrative
citations
do
not
achieve
compliance.

How
to
Pay
Fine/Questions
Regarding
Compliance
The
amount
of
the
fine
is
indicated
on
the
front
of
this
administrative
citation.

You
may
pay
by
mail
(post
marked
prior
to
the
deadline)
or
in
person
at
Poway
City
Hall.
13325
Civic
Center
Drive.

Customer
Services
Division.

Payment
should
be
made
by
personal
check,
cashier's
check,
or
money
order,
payable
to
the
City
of
Poway.

Please
write
the
citation
number
on
your
check
or
money
order.

If
you need
further
clarification
about
payment
of
the
citation,
please
call
(858)
668-4401
or
email
[email protected]
for
the
Customer
Services
Division.

If
you
need
further
information
about
the
violations
and/or
how
to
comply,
please
call
the
officer
designated
on
the
front
of
this
form
at
(858)
668-4660
or
[email protected].

A full
description
of
the
hearing
process
for
the
City's
administrative
hearing
violations
and
your
rights
in
that
process
are
found
in
Poway
Municipal
Code
Chapter

1.10 and

2.20. 43
of
74 November 18, 2025, Item #7
STEVE
VALIS,
ivfayor
BARRY

LEONARD,
Deputy
Mayor
C,\
YLIN
FRANK,
Councilmcmbc
r
Di\
VE

GROSCH,
Councilmcmbcr
JOHN
l'vIULLIN,
Councilmcmbcr
October
27,
2021
Property
Owner
Dawn
Montfort
CITY
OF
POWAY
Montfort
Noela
Family
Trust
01-26-20
14025
Tierra
Bonita
Rd
Poway
CA,
92064
Subject:

Notice
-
City
to
issue
weekly
fines;
Courtesy
Notice
regarding
new
violations;
Case
No.
20-0725
Dear
Property
Owner,
The
City
has
an
active
Code
Compliance
Case
regarding
excessive
dead
or
dying
vegetation,
as
well
as
trash,
junk
and
debris
on
your
property
located
at
14025
Tierra
Bonita
Rd
. Poway,
CA
92064.

Specifically,
excessive
weeds,
dead or
dying
trees,
and
dead
or
dying
shrubs were
noted
in
your
front
yard,
rear
yard,
and
around
your
home.

Additionally,
loose
trash,
junk,
household
items,
and
hay
were
visible
in
your
front
yard
and
drive
way
areas.

A
Courtesy
Notice,
Notice
of
Violation,
and
a first
fine
of
$100
have
been
issued
to
you
regarding
this
matter.

Your
property
is
situated
within
Poway's Very
High
Fire
Hazard
Area.

The
overall
condition
of
flammable
vegetation
on
your
property,
if
allowed
to
continue
into
the
dry
weather
season,
would
intensify
the
overall
wildfire
threat
to
your
home,
in
addition
to
adjacent
properties.

Lastly,
City
regulations
prohibit
any
excessive
weeds,
junk,
trash,
debris
and
accumulated
items
in
the
front
yard,
as
well
as
within
areas
visible
to
the
public.

A
follow-up
site
visit
on
October
26,
2021,
revealed
continued
evidence
of
non-compliance
. Enclosed
with
this
letter
is
a
$200
fine
for
a
second
violation
of
Poway's
nuisance
vegetation,
yard
maintenance
and
junk
accumulation
Ordinances
. This
letter
is
inform
you
that
the
City
intends
to
issue
additional
fines
on
a
weekly
basis,
as
long
as
your
property
remains
in
non-compliance,
unless
you
should
provide
a
reasonable,
written
timeline
to
reduce
all
dead
or
dying
vegetation,
trees,
and
weeds
from
your
property,
as
well
as
remove
all
junk,
trash
and
debris
from
areas
within
public
view.

The
fine
amount
for
a
third
violation
would
be
$500.

The
fine
for
a
fourth
and
additional,
consecutive
violation(s)
would
be
$1000,
each.

Courtesy
Notice
-New
Violations
After
completing
several
site
visits
and
observing
the
condition
of
your
property
over
a
period
of
time,
City
staff
has
noted
evidence
that
the
dilapidated
and
poorly
maintained
driveway
area
is
a source
of
erosion,
as
well
as
a
source
of
prohibited
sediment
discharges
to
the
City
roadway
and
storm
drain.

Additionally,
City
regulations
require
property
owners
to
maintain
their
paved
off-street
parking
areas,
including
driveways.

Lastly,
City
regulations
require
that
all
vehicles
in
the
front
yard
of
the
property
City
Hall
Located
at
13325
.Civic
Center
Drive
1failing
Address:

P.O.

Box
789,
Po·way,
Califom.ia
92074-07S9
www.po\vay.org
November 18, 2025, Item #7
must
be
stored
or
parked
over
paved
surfaces,
such
as
concrete,
asphalt
or
paving
stones
. The
condition
of
your
driveway
and
the
discharges
of
sediment
resulting from
erosion
constitute
a violation
of
Poway
Municipal
Code
(PMC)
Sections
13 .09
.050
(A,
C &
D),

13.09.070(A)(1)
&
(C),

17.08.170
(0)(1
,2,3),

17.42.060(8)(1
,2)
and

17.42.070
(A)
(Attachment
1 ).

Please
provide
a
reasonable,
written
timeline
to
trim
all
nuisance
vegetation
and
junk
described
within
page
one
of
this
letter
to
you,
as
well
as
a
timeline
to
restore
the
driveway
and
off-street
parking
areas
into
a
compliant
condition,
to
Officer
Jamie
Zeller,
at
(858)
668-4663
or
[email protected].

Failure
to
provide
a
reasonable
timeline,
failure
to
comply
with
an
accepted
timeline,
and/or
failure
to
make
necessary
progress
toward
compliance
will
result
in
issuance
of
a
Notice
of
Violation
to
you.

Continued
non-compliance
may
result
in
the
abatement
of
nuisance
vegetation
under
a
Court
Order,
as
allowed
under
Poway
Municipal
Code
Section

8.76 .090
(Attachment
1),
and/or
a
declaration
by
City
Council
that
the
conditions
on
your
property
constitute
a
Public
Nuisance,
which
would
authorize
the
City
Attorney
to
initiate
legal
action
to
bring
your
property
into
compliance
.

This
notice
hereby
informs
you
that
the
incurred
costs
associated
with
any
necessary
abatement
action
or
legal
action
by
the
City
to
bring
your
property
into
compliance
would
be
invoiced
directly
to
the
property
owner
. The
property
owner
would
be
responsible
to
compensate
the
City
for
its
incurred
costs
and,
should
any
amount
of
the
invoice
balance
remain
unpaid,
the
City
may
assess
the
unpaid
balance
to
the
tax
roll
for
the
affected
property
with
the
County
Assessor's
office,
as
allowed
under
Poway
Municipal
Code
Section

8. 76.11
O
and

8. 72.030
(Attachment
1 ).

Thank
you
for
your
cooperation
in
this
matter.

Should
you
have
any
questions,
I may
be
reached
at
[email protected]
or
(858)
668
4664.

Respectfully, DEVELOPMENT

SERVICES

DEPARTMENT
Daniel
Welte
Code
Compliance
Officer
Attachment
1: Poway
Municipal
Code
Enclosed
: Citation
No
. 20-0725
-02
Attachment
1 Poway
Municipal
Code

17.08.170
Property
development
standards
-Additional
requirements.

D. Driveway
Requirements
.

1. Each
building
site
shall
have
a minimum
20-foot-wide
vehicular
access
to
a street.
45 of
74 November 18, 2025, Item #7

2. Driveway
and
other
concrete
or
asphalt
concrete
areas
available
for
parking
shall
not
exceed
50 percent
of
the
required
front
yard
area.

3. Driveways
serving
one
or
two
parcels
in
residential
zones
shall
be
constructed
subject
to
the
following
standards:

Max.

Min.

Surfacing
Zones
Grade
Width
Break*
Slope
0-15%
15-25%
RS-1
Min.

RS-2
2"
AC.*"
6"
P.C.C.
12 RR-A
14%
20%***
(Asphalt
(Portland
feet
RR-B
Concrete
Max.

RR-C
Concrete)
Cement)
30 feet
•
Vertical
curve
(min.
50 feet
long)
can
be
utilized
with
approval
of
the
City
Engineer.
••
For
slopes
between
1%
and
10%,
gravel
may
be
used
based
upon
the
following
specifications:
a.

The
native
soil
must
have
a
minimum
R-value
of
50 and
minimum
sand
equivalency
of
20 .
b.

Scarify
and
compact
the
top
12"
of
subgrade
to
95%
relative
compaction.

Over
subgrade
, compact
the
specified
amount
of
Class
II
base
to
95%,
based
upon
the
following
table
:

R-Value 50 60 68 75 80
and
over
Inches of Base 6" 5" 4" 3" None
c.

Drainage
improvements
and
culverts
must
be
installed
to
the
satisfaction
of
the
City
Engineer.
•••
Slopes
in
excess
of
20%
may
be
approved
for
very
limited
distances
where
topographic
or
geologic
constraints
prohibit
compliance
with
the
standard.

In
no
case
shall
road
and
driveway
slopes
exceed
25%
. Modification
of
the
slope
standard
is
subject
to
the
approval
of
the
Fire
Marshal
and
the
Director
of
Development
Services
.

Additional
grading
required
to
meet
the
20%
slope
road
and
driveway
standard
shall
not
count
against
the
maximum
graded
area
permitted
by
the
general
plan.

To
achieve
a
grading
allowance,
the
applicant
will
be
required
to
prepare
two
concept
grading
plans,
one
denoting
the
25%
or
less
driveway
and
the
other
a
20%
or
less
driveway
slope
. The
difference
in
the
amount
of
graded
area
between
the
two
concept
grading
plans
would
not
be
counted
toward
the
maximum
graded
area
. If
the
quantity
of
mater
ial
graded
to
achieve
the
20%
slope
exceeds
the
maximum
allowable
graded
area
for
the
lot
by
less
than
20%,
the
Director
of
Development
Services
may
approve
the
additional
grading.

If
the
quantity
of
material
graded
to
achieve
the
20%
slope
exceeds
the
maximum
allowable
graded
area
for
the
lot
by
20%
or
more,
approval
by
the
City
Council
is
required.

In
either
case
, the
quantity
of
material
that
may
exceed
the
maximum
graded
area
is
limited
to
only
the
quantity
of
material
necessary
to
reduce
the
road
or
driveway
slope
from
a
maximum
of
25%
to
20%.

17.42.060
Property
development
standards
-
Special
requirements.

In
any
R
zone
except
the
RC
and
RA
parking
of
motorized
and
nonmotorized
vehicles
shall
be
subject
to
the
following
requirements
and
those
shown
in
the
example
below:

1. No
motorized
or
nonmotorized
vehicle
shall
be
parked,
stored
or
kept
in
the
front
yard
as
shown
below
except
on
land
adjacent
to
the
driveway
or
in
the
driveway
. In
all
cases
the
surface
shall
be
Portland
concrete
cement.

2. If
motorized
or
nonmotorized
vehicles
are
to
be
parked,
stored,
or
kept
on
the
lot,
as
permitted
in
subsection
(G)(1)
of
this
section
, they
must
be
for
the
personal
use
of
the
resident.
46 of74
November 18, 2025, Item #7
R4r:/-"rp i•
----~·
'l
(Ord. 788 §§ 6, 7, 2016; Ord. 67 4 §§ 50, 51, 2008; Ord. 204 § 1 (Exh. A), 1986; Ord. 192 § 1 (Exh. A), 1986; Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 8.3(8)), 1983)

17.42.070 Performance standards.

A. All parking facilities required by this chapter shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. The parking facilities shall not be used for the storage of merchandise, or for the storage or repair of vehicles or equipment.

Parking facilities shall not be used for the sale of merchandise, except on a temporary basis pursuant to PMC 17.26.020 through 17.26.070.

13.09.050 Discharge prohibitions.

A. Illegal Discharges. The direct or indirect discharge of pollutants into the stormwater conveyance system or receiving waters is prohibited, except as exempted in PMC 13.09.060. The direct or indirect discharge of pollutants into the stormwater conveyance system or receiving waters in stormwater is prohibited, unless the applicable requirements of this chapter have been met.

C. Prevention of Illegal Discharges. Throwing, depositing, leaving, abandoning, maintaining, or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited.

D. Violations of the MS4 Permit. It is unlawful for any responsible person as defined in Chapters 1.08 and 1.10 PMC to cause, or threaten to cause, either individually or jointly, any discharge into or from the stormwater conveyance system that results in or contributes to a violation of the MS4 Permit. (Ord. 827 § 2 (Exh. 1 ), 2019; Ord. 775 § 3, 2015)

13.09.070 Best management practice requirements for all dischargers.

A. Best Management Practices. Any responsible person as defined in Chapters 1. 08 and 1.1 O PMC engaged in activities which may result in discharges to the stormwater conveyance system shall, to the maximum extent practicable, undertake all measures to reduce the risk of nonstormwater discharges and pollutant discharges. The following requirements shall apply:

1. Every responsible person as defined in Chapters 1.08 and 1.1 O PMC undertaking any activity or use of premises that may cause or contribute to stormwater pollution or contamination, illegal discharges, or nonstormwater discharges to the stormwater conveyance system shall comply with BMP guidelines or pollution control requirements, as may be established by the authorized enforcement official. BMPs shall be maintained routinely throughout the life of the activity. Such BMPs include the minimum BMPs set forth in the BMP Manual.

C. Significant Sources of Pollutants. Where an authorized enforcement official identifies a discharge that is in violation of PMC 13.09.050(0) or 13.09.060(G), an authorized enforcement official may order the discharger to 47 of 74
November 18, 2025, Item #7
install,
implement
and
maintain
additional
BMPs
to
prevent
or
reduce
contamination
in
stormwater
and
nonstormwater
to
the
MEP
. Any
such
order
shall
specify
a
reasonable
date
by
which
those
BMPs
must
be
put
in
place.

The
failure
to
install,
implement
or
maintain
additional
BMPs
as
required
by
any
such
order
is
a
violation
of
this
chapter.

8.76.090
Abatement
of
nuisance
by
Director
of
Development
Services
or
Fire
Marshal.

If
the
owner,
agent
of
the
owner,
or
the
person
in
possession
of
the
lot
or
premises
fails
or
neglects
to
abate
the
nuisance
as
defined
in
this
chapter,
within
the
time
specified
in
this
chapter,
the
Director
of
Development
Services
or
Fire
Marshal
shall
cause
such
nuisance
to
be
abated
. The
abatement
work
may
be
done
by
City
crews
or
by
private
contractor.

A
report
of
the
proceedings
and
an
accurate
account
of
the
cost
of
abating
the
nuisance
on
each
separate
property
shall
be
filed
with
the
City
Council.
(Ord.
827
§ 2
(Exh.
1 ),
2019;
Ord
. 677
§
10,
2008;
Ord
. 518,
1999;
Ord
. 457
§
2(8),
1996;
Ord
. 41
§
2,
1981
; Ord.
29 §
1,
1981;
CC§

35.408)

8.76.110
Hearing
before
City
Council.

The
City
Council
shall
consider
the
report
and
account
at
the
time
set
for
hearing,
together
with
any
written
objections
or
protests
by
any
owner
or
authorized
agent
of
the
property.

Any
owner
of
land
or
person
interested
therein
may
present
a
written
or
oral
protest
or
objection
to
the
report
and
account.

At
the
conclusion
of
the
hearing,
the
City
Council
shall
either
approve
the
report
and
account
as
submitted,
or
as
modified
or
corrected
by
the
City
Council.

The
amounts
so
approved
shall
be
liens
or
special
assessments
upon
the
respective
lots
or
premises,
and
the
City
Council
shall
adopt
a
resolution
assessing
said
amounts
as
liens
or
assessments
upon
the
respective
parcels
of
land
as
they
are
shown
upon
the
last
available
assessment
roll,
and
determining
that
such
vegetation
and/or
waste
matter
constitute
a
public
nuisance.

The
City
Clerk
shall
prepare
and
file
with
the
County
Assessor
a
certified
copy
of
such
resolution
of
the
City
Council.
(Ord
. 827
§ 2
(Exh
. 1 ),
2019;
Ord
. 677
§
12,
2008;
Ord.
482
§
2(8),
1997;
Ord.
41 §2,
1981;
Ord
. 29
§
1,
1981;
CC§

35.410)

8.72.030
Procedure.

The
City
Manager,
or
his/her
designee,
shall
notify,
in
writing,
the
responsible
person(s)
of
any
parcel
upon
which
is
believed
to
exist
a
public
nuisance
that
said
nuisance
exists
. Said
nuisance
may
be
directly
upon
said
parcel,
an
easement,
or
license
benefiting
said
property
or
adjacent
thereto
if,
in
the
opinion
of
the
City
Manager,
or
his/her
designee,
the
nuisance
was
created
by,
or
for
the
direct
or
indirect
use
or
benefit
of,
the
parcel
or
parcel
owner.

If
a
nuisance
is
believed
to
exist
within
the
City
and,
in
the
opinion
of
the
City
Manager
or
his/her
designee,
is
caused
by
or
created
for,
directly
or
indirectly
, the
owner of
a
parcel
of
land
within
the
City,
then,
in
that
event,
the
owner
of
that
parcel,
in
addition
to
being
notified
to
abate
the
nuisance
, shall
be
notified
that
if
said
nuisance
is
abated
with
cost
to
the
City,
that
the
cost
shall
be
reimbursed
to
the
City,
and,
if not,
shall
be
assessed
to
that
owner's
parcel.

B. The
notice
referred
to
in
this
chapter
shall
be
sent
first
class
mail
to
the
owner
of
record
on
the
last
published
assessment
tax
roll
of
the
County
Assessor's
office.

The notice
shall
specify
the
nuisance
believed
to
exist
together
with
a
request
to
abate
same
and
advise
the
responsible
person
of
the
right
to
a
public
hearing
before
the
hearing
officer
as
described
in
Chapter

2.20 PMC
.

If
the
owner
timely
requests
a
hearing
and,
following
the
hearing,
a
nuisance
is
determined
to
exist,
the
hearing
officer
shall
specify
in
his/her
decision
the
time
allowed
to
abate
the
same
by
the
responsible
party
and/or
owner.

D. If
the
nuisance
is
not
abated
within
the
time
specified
by
the
hearing
officer
or,
if the
owner
does
not
request
a
hearing
and
fails
to
fully
abate
the
violations
within
the
deadline
established
by
the
notice
described
in
subsection
A
of
this
section,
then
a
hearing
may
be
held
before
the
City
Council
to
declare
the
property
a
public
nuisance
. If
the
City
Council
determines
that
a
public
nuisance
exists,
it shall
adopt
a
resolution
declaring
the
property
a
public
nuisance
. The
City
shall
provide
the
owner
a
copy
of
the
resolution,
and
if the
owner
fails
to
fully
abate
the
public
nuisance
within
30 days
of
the
adoption
of
the
resolution,
the
City
may
abate
the
nuisance
.

Following
abatement
of
any
public
nuisance,
the
City
may
place
before
the
City
Council
invoice(s)
for
any
abatement
costs
for
City
Council
confirmation,
including
administrative
costs,
attorneys'
fees,
expenses,
and
reasonable
interest
therefor,
from
the
date
of
said
abatement.

If
the
abatement
costs
are
not
reimbursed
to
the
City
within
60 days
of
the
date
of
the
City
Council
confirmation,
the
City
may
assess
a
lien
on
the
property
or
a
special
assessment
against
the
property
owner
or
48 of
74 November 18, 2025, Item #7
responsible person. The lien and/or special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of liens and special assessments shall be applicable. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 57 § 2, 1982)
49 of 74
Enclosed: Citation No. 20-0725-02

Page 7 ends

Poway City CouncilNovember 18, 2025

Poway City Council
November 18, 2025