Amended Agenda 10/15/2026
Amended to include Attachment B to Item #1 0
AG EN DA Poway City Council
Council Ch amber I 13325 Civic Center Driv e I Powa y, CA I 92064 October 20, 2026 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 Public participation is encouraged in a few ways as described below .
Members of the public may attend the City Council meeting in person, watch the City Council meeting live on line, or participate remotely via Zoom. 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.
To Watch Live:
www.poway.org/councilmeetings
To Speak or Participate Remotely :
Go to: www.poway.org/meeting and join using
"Computer Audio"
If your electronic device has no microphone or
speakers:
Call: (669) 444 - 9171
Enter Webinar ID: 892 1047 1751
Passcode: 092064
Enter Participant ID provided on your computer
PLEASE NOTE: If you wish to participate, please read the Speakers section below for detailed instructions.
In-Person 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 considered . 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.
Remote Speakers I If viewing online or calling in via telephone, it is recommended to log in at least 15 minutes prior to the commencement of the meeting. 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 considered . Online participants wishing to speak must raise their virtual hand at the announcement of the item. If you are not using your computer's audio, enter your Participant ID when prompted. To request to speak Steve Vaus
Mayor
Jenny Maeda
Deputy Mayor
Peter De Hoff
Councilmember
Anita Edmondson
Council member
Christopher J. Pikus
Councilmember
by phone, press *9 when the item is announced. All comments will be limited to three (3) minutes. Per the Poway Municipal Code, the speaking time may be reduced.
Agenda Materials I This agenda contains a brief summary of each item the Council will consider.
The Agenda and Agenda Packet are posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org. Sign up at https://poway.org/list.aspx to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation.
PLEASE NOTE: Written comments received via email before 3:00 p.m. the day prior to the meeting will be distributed as formal additional material as well as be made available online prior to the City Council meeting. Written comments received after this deadline will be forwarded to the Council, but not available online until after the City Council meeting.
American Disabilities Act Title II I In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858-668-4530 at least 24 hours prior to the meeting.
Reminder I As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers.
The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
MOMENT OF SILENCE:
PRESENTATIONS: None
PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or act on any issue not included on the agenda. You may speak for up to three (3) minut es.
Per the Poway Municipal Code, the speaking time may be reduced. Speakers have one opportunity to addres s the Council under Public Comment.
CONSENT CALENDAR: The Consent Calendar may be enacted in one moti on by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion.
2 of 4 Regular City Council Meeting October 20, 2026
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the September 15, 2026 Regular City Council Meeting Minutes
3. Adoption of the 2027 City Council Meeting Calendar
4. Acceptance of the Lester J. Berglund Water Treatment Plant Filter Upgrades Phase A Project with Gateway Pacific Contractors, Inc., as Complete
5. Acceptance of the Annual Channel Rehabilitation Project with L. B. Civil Construction, Inc., as Complete
6. Award of Agreement to Solana Center for Environmental Innovation for California Senate Bill 1383 Edible Food Recovery Programs Services
ORDINANCES FOR INTRODUCTION:
7. Ordinance to Amend the Poway Municipal Code Regarding the Industrial Wastewater Pretreatment Program to Delegate Authority to the City of San Diego City Manager's Recommendation: It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the November 17, 2026 Regular City Council meeting.
PUBLIC HEARINGS:
8. Fiscal Year 2027-2028 Community Development Block Grant Program City Manager's Recommendation: It is recommended the City Council take public input, close the public hearing, and: 1) adopt a Resolution authorizing the submission of three applications for the FY 2027-2028 CDBG program; 2) authorize the appropriation of $237,460.46 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY 2027-2028 CDBG program upon approval by the County, consistent with past CDBG grant processes; and 3) authorize the City Manager to execute all necessary documents with the County.
9. Ordinance to Amend Poway Municipal Code to Streamline Electric Vehicle Charging Permit City Manager's Recommendation: It is recommended the City Council introduce the Ordinance for first reading by title only, waiv_e further reading, and schedule the adoption of the Ordinance for the November 17, 2026 Regular City Council meeting.
STAFF REPORTS:
10. Acquisition of 1 Boulder Mountain Road
City Manager's Recommendation: It is recommended the City Council adopt the Resolution authorizing the City Manager to execute the agreement to effectuate the purchase of the Property for $1,185,000.
3 of 4 Regular City Council Meeting October 20, 2026
COUNCIL-INITIATED ITEMS: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS:
CITY ATTORNEY ITEMS: (Includ ing any pub lic report of any action taken in closed session) CLOSED SESSION:
11. Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
Property: APN 321-110-52
City negotiators: Chris Hazeltine, Tracy Stevens, Julie Procopio Negotiating party: Todd Wiersum
Under negotiation: Price and terms
ADIOURNMENT:
State of California
County of San Diego
)
) 55.
)
AFFIDAVIT OF POSTING
I, Carrie Gallagher, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular meeting as called by the City Council of the City of Poway was posted and provided on October 15, 2026.
Said meeting to be held at 7:00 p.m., October 20, 2026, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the City's website and the Bulletin Board at the entrance to City Hall.
4 of 4 Regular City Council Meeting October 20, 2026
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AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
October 20, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
CITY COUNCIL
SUBJECT: Approval of the September 15, 2026 Regular City Council Meeting Minutes Summary
The City Council Meeting Minutes submitted hereto for approval are:
• September 15, 2026 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency.
Recommended Action:
It is recommended the City Council approve the September 15, 2026 Regular City Council Meeting Minutes.
Public Notification:
None.
Attachments:
A. September 15, 2026 Regular City Council Meeting Minutes z:vedBy
Tracy Stevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Approved s-(J
Ch~
City Manager
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
September 15, 2026
City Council Chambers
13325 Civic Center Drive, Poway, California
(Per Government Code 54953)
(Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER:
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL
:
Present: Peter De Hoff, Christopher J. Pikus, Anita Edmondson, Jenny Maeda, Steve Vaus
STAFF MEMBERS P
RESENT:
City Manager Chris Hazeltine; Assistant City Manager Tracy Steven s; Deputy City Attorney
Jayson Parsons; City Clerk Carrie Gallagher; Director of Development Services Julie Procopio; Director of Finance Craig Schmollinger; Director of Human Resources and Risk Management Jodene Dunphy; Director of Public Works Eric Heidemann; Director of Community Services Audrey Denham; Fire Chief Brian Mitchell; Captain Nanette McMasters, San Diego County Sheriff’s Office.
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, Deputy City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy Mayor/Vice Chair, C ouncilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, Deputy City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE:
Members of the Poway Girls Softball League led the Pledge of Allegiance.
MOMENT OF SILENCE:
Mayor Vaus led a moment of silenc
e.
PRESENTATIONS:
Poway Girls Softball 60-Year Recognition and Pr
oclamation
Mayor Vaus presented a proclamation recognizing the Poway Girls Softball League’s 60th anniversary and designated September 15, 2026, as Poway Girls Softball League Anniversary 2 of 11
October 20, 2026, Item #2
ATTACHMENT A
City of Poway – Minutes – September 15, 2026
Day in the City of Poway, recognizing the league’s longstanding contributions to youth sports and the Poway community.
PUBLIC COMMENT:
Cynthia Collins, representing Collin
s Family Jewelers, introduced herself and the business to the Poway community.
Tiffany Piedrasanta, submitting a written comment, requested information regarding the process for having Community Power San Diego provide service to the City of Poway.
CONSENT CALENDAR:
Motioned by Councilmember Pikus, seconded by Counc
ilmember Edmondson to approve
Consent Calendar Items 1 through 8. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
1. Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on this Agenda
2. Approval of the August 18, 2026 Regular City Council Meeting Minutes
3. Award of Agreement to ACCO Engineered Systems, Inc. for HVAC Maintenance and Filter Replacement Services; RFP No. 27-002
4. Poway Housing Successor Annual Report for Fiscal Year 2024-25
5. Approval of First Amendment to Lease Agreement for Boys & Girls Club of Greater San Diego
6. Resolution No. 26-045, Authorization to Purchase One (1) 2026 Ford F550 Medium-Duty Tree Truck and Bucket Lift Utilizing Sourcewell Cooperative Purchasing Program Contract #110421-ALT
7. Award of Contract to American Asphalt South Inc., for the 2026-2027 Street Maintenance Project, Bid No. 27-005 and Determination the Project is Categorically Exempt from the California Environmental Quality Act
8. Resolution No. 26-046 Amending the City’s Local Conflict of Interest Code ORDINANCES FOR INTRODUCTION:
9. An Ordinance Adopting the 2026 Engineering an
d Traffic Survey
City Engineer Tracy Beach presented the item along with a PowerPoint presentation. She provided an overview of the 2026 Engineering and Traffic Survey, explaining the requirements under the California Vehicle Code for establishing and enforcing speed limits and noting recent changes to State law allowing for speed limit reductions under certain conditions. Ms.
Beach explained, in coordination with Kimley-Horn, staff evaluated roadway conditions, 3 of 11
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existing speed limits, traffic data, safety concerns, and other factors in preparing the survey.
She noted the survey was presented to the Traffic Safety Committee on July 1, 2026, which unanimously supported staff’s recommendation to adopt the survey.
Following staff’s presentation, Zach McFann, Traffic Engineering Consultant with Kimley- Horn, presented findings and recommendations. He described the methodology used to evaluate 55 roadway segments, including review of traffic volumes, 85th percentile speeds, collision data, field conditions, roadway characteristics, and adjacent speed limits. Mr.
McFann reported the survey recommends maintaining the existing speed limits on 45 segments and reducing the speed limits on 10 segments, with no recommended increases.
He also discussed the evaluation of speed limits on a corridor-wide basis and coordination with adjacent jurisdictions to provide consistent speed transitions.
Public Comment.
Adam Phenis spoke neutrally on Item 9 and requested additional traffic safety measures near school zones.
End of Public Comment.
Council discussion ensued and questions arose regarding the process for addressing traffic safety concerns, school signage and traffic calming requests, distracted driving, speed enforcement, and proposed speed limit reductions. Staff explained the process of bringing traffic safety concerns to the Traffic Safety Committee and the committee’s role in evaluating and making recommendations.
Responding to Council questions, Captain Nanette McMasters, San Diego County Sheriff’s Office, described traffic enforcement efforts in school areas and discussed continued enforcement and public outreach related to speed limits. Staff further discussed measures to notify drivers of significant speed limit changes.
Council discussed proposed speed limit reductions, including along Scripps Poway Parkway, and the existing speed limits along Midland R oad. Council also discussed additional traffic safety concerns near schools, including illegal turns and parking near intersections and crosswalks.
Motioned by Councilmember De Hoff, seconded by Councilmember Pikus to: introduce Ordinance No. 882, entitled “An Ordinance of the City Council of the City of Poway, California, Adopting the 2026 Engineering and Traffic Survey” for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the October 6, 2026 Regular City Council meeting. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
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PUBLIC HEARINGS:
10. Conditional Use Permit 26-0003, Development Review 26-0004 and Environmental Assessment 26-0003, a Request to Construct a Pump Station for the Poway Water Infrastructure Improvement Program Treated Water Facilities and Redundant Pipeline Project Located at 14409 and 14415 Lake Poway Road and Approve the Initial Study/Mitigated Negative Declaration for the Project
Mayor Vaus opened the Public Hearing at 7:44 p.m.
Associate Planner Mary Piscitelli presented the item along with a PowerPoint presentation.
She provided an overview of the proposed Treated Water Facilities Booster Pump Station and Redundant Pipe Project, which is part of the City’s Water Infrastructure Improvement Program and includes a new booster pump station, forebay, and redundant treated water pipeline. She explained the project is a cooperative effort with the San Diego County Water Authority and Ramona Municipal Water District and is intended to improve water system reliability, operational flexibility, and maintenance capabilities.
Ms. Piscitelli reviewed the project site and proposed land uses, noting a Conditional Use Permit is required for the public utilities use on the Planned Residential Development (PRD- 1) parcel, while the use is permitted by right on the Public Facility parcel. She also discussed measures incorporated into the project to address visual and noise impacts to the surrounding community.
Ms. Piscitelli provided an overview of the Initial Study/Mitigated Negative Declaration (ISMND), including mitigation measures addr essing potential environmental impacts. She noted the document was circulated for a 30-day public review period, during which two comments were received and revisions were made. She also reviewed the project’s prior presentations to the City Council and public notification efforts, including the 500-foot notification area and publication of the public hearing notice.
Public Comment.
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:51 p.m.
Council discussion ensued. Council expressed support for the project and recognized its importance as part of the City’s water infrastructure improvements and commented favorably on the proposed design and noted the importance of the project moving forward to Phase Three. Additionally, Council acknowledged the significant investment and long-term importance of the City’s water infrastructure improvement program and expressed appreciation for the work completed to advance the project.
Responding to Council questions, staff provided additional information regarding the purpose and operation of the forebay tank, the anticipated project timeline, and the planned operation of the backup generator. Staff also clarified the flow of water between the pump station, the City’s water storage facilities, and the Ramona Municipal Water District.
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Motioned by Councilmember Pikus, seconded by Councilmember De Hoff to: 1) adopt Resolution No. 26-047 entitled “A Resolution of the City Council of the City of Poway, California, Adopting an Initial Study and Mitigated Negative Declaration, Environmental Assessment 26-0003 for Conditional Use Permit 26-0003, and Development Review 26- 0004. Assessor Parcel Numbers: 278-437-74 and 278-431-36”; and 2) adopt Resolution No. 26-048 entitled “A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 26-0003, Environmental Assessment 26-0003 and Development Review 26-0004, for Construction of a Booster Pump Station for the Poway Water Infrastructure Improvement Program Treated Water Facilities and Redundant Pipeline Project, Located at 14409 and 14415 Lake Poway Road. Assessor Parcel Number 278-437-74 and 278-431-36”. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
11. Amendment to Poway Municipal Code and South Poway Specific Plan to Prohibit Third Party AI Data Centers
Mayor Vaus opened the Public Hearing at 7:58 p.m.
Mayor Vaus presented the item and provided background on the proposed amendments to the Poway Municipal Code and South Poway Specific Plan to prohibit third-party AI data centers. He explained on July 21, 2026, the City Council unanimously directed staff to return with an item prohibiting large third-party data centers used for artificial intelligence applications throughout the City. He clarified the proposal focuses on third-party data centers, which are generally large facilities that host data for off-site operations, rather than facilities used for on- site data storage.
Mayor Vaus noted third-party AI data centers have come under scrutiny nationwide due to their potential impacts. He explained that these facilities are largely automated and, while they may generate temporary construction employmen t, they generally provide fewer long-term local employment opportunities and less ec onomic growth than traditional industrial, manufacturing, and office uses that could otherwise be permitted in the City. He stated these considerations formed the basis of the proposed prohibition.
Public Comment:
None.
End of Public Comment.
Mayor Vaus closed the Public Hearing at 7:59 p.m.
Council discussion ensued. Council emphasized the proposed ordinance as a land use decision and is not intended to prohibit artificial intelligence technology. Council discussed potential impacts associated with large third-party AI data centers, including substantial electricity and water consumption, infrastructure demands, noise, air quality, and fire 6 of 11
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concerns, as well as the relatively limited number of permanent jobs compared with traditional industrial, manufacturing, and office uses.
Council discussed the limited amount of land available for business uses in the South Poway Business Park and the importance of prioritizing uses that provide significant and sustained employment and economic activity. Council noted the ordinance was narrowly focused on large, standalone third-party data centers and would not prohibit ordinary server rooms, ancillary data storage facilities, or micro data centers.
Council referenced the City's prior experience with battery energy storage facilities and the importance of proactively establishing regulations for emerging land uses. Council discussed the potential to regulate rather than prohibit AI data centers and the need to avoid unintended consequences for businesses in the South Poway Business Park.
Responding to Council questions, staff provided information regarding the scope of the proposed ordinance, and the types of data center uses that would be affected.
Deputy Mayor Maeda moved to amend the item to establish a five-year moratorium on AI data centers, after which the City could reevaluate and restudy the issue. The motion failed for lack of a second.
Motioned by Mayor Vaus, seconded by Councilmember De Hoff to: 1) introduce Ordinance No. 883 entitled “An Ordinance of the City Council of the City of Poway, California, Amending Title 17 (Zoning) of the Municipal Code to Prohibit AI Data Centers in All Zones” for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the October 6, 2026 Regular City Council meeting; and 2) adopt Resolution No. 26-049 entitled “A Resolution of the City Council of the City of Poway, California, Approving a Specific Plan Amendment to the South Poway Specific Plan”. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
STAFF REPORTS:
12. Award of Agreement to Landscape Structures Inc. for Poway Oaks Neighborhood Park Playground Renovation, Utilizing Cooperative Purchasing Contract #101625-LSI
Assistant Director of Public Works for Maintenance Operations Stephen Jackson presented the item along with a PowerPoint presentation. He provided an overview of the existing playground at Poway Oaks Neighborhood Park and the proposed renovation, which includes removal of the existing playground equipment and installation of an enhanced play structure, new safety surfacing, shade structures, additional benches, a drinking fountain, and a perimeter wood fence.
Mr. Jackson explained that, due to the park’s proximity to Poway Creek and its surrounding wildlife and riparian vegetation, the new playground would incorporate a nature theme into the colors, equipment, play surface, and shade structures. He noted the new playground would 7 of 11
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include 13 play components, including slides, climbing features, and educational and interactive panels, along with horizontal and vertical shade and privacy panels to allow for greater use during warmer months.
Mr. Jackson also noted a separate project would resurface the basketball court and replace the basketball hoop, backboard, and pole, with the work coordinated with the playground renovation. He stated the projects would provide residents with an improved neighborhood park.
Public Comment:
None.
End of Public Comment.
Council discussion ensued. Council expressed support for the project and recognized the investment in Poway Oaks Neighborhood Park and the surrounding neighborhoods.
Council noted the importance of consistency with playground equipment at other City parks, Responding to Council discussion, staff confirmed the proposed equipment would allow for efficient replacement of damaged components as needed. In addition, staff also explained that the agreement was procured through a competitively bid cooperative purchasing agreement.
Council commented favorably on the nature-themed design, the improvements to the basketball court, and the overall revitalization of the park. Council acknowledged the cost of the project and emphasized the importance of making efficient use of public funds while continuing to invest in City parks.
Motioned by Councilmember Pikus, seconded by Councilmember De Hoff to award the
Agreement for Poway Oaks Neighborhood Park Playground Renovation project to Landscape Structures Inc. in the amount of $528,953.44 and authorize the City Manager to execute the necessary documents. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
WORKSHOPS:
None.
COUNCIL-INITIATED ITEMS:
13. Big Stone Lodge
Mayor Vaus presented the item and provided background regarding the Big Stone Lodge parcel. He explained the parcel should be reevaluated for its highest and best land use and 8 of 11
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stated the site may be better suited as a passive park and additional open space amenity for the community, while recognizing the historical importance of the site.
Mayor Vaus clarified the proposal was not to design the park at this time, but to direct staff to explore acquiring the parcel from the Housing Authority, removing it from the affordable housing inventory, and developing plans for a passive park. He requested staff return with a report addressing the process for acquiring the parcel, available funding, any legal requirements for replacing the parcel with a like-kind parcel, and an inventory of parcels zoned for affordable housing that could satisfy the City's Regional Housing Needs Assessment obligations.
Public Comment.
Marianna Bacilla spoke neutrally on Item 13 and provided perspective on the history of Big Stone Lodge.
End of Public Comment.
Councilmember Edmondson, who co-sponsored the item, discussed the history and potential future use of the Big Stone Lodge parcel. She noted the site’s existing park-like character and stated its location was not well suited for affordable housing. She reviewed the history of the property, including its designation as a local historic site, previous efforts to restore the lodge and establish a passive park, and its subsequent inclusion in the affordable housing inventory.
She expressed support for preserving the historic site as a passive park and noted the Parks and Recreation Advisory Committee (PRAC) could provide input on its future development.
Council expressed support for the proposal and discussed the historical significance of the site and its potential benefit to the surrounding community. Council also discussed the process of bringing initiatives forward and the need to ensure any future plans for the property appropriately address its historic status.
Responding to Council questions, staff provi ded information regarding the requirements associated with the site's historic designation.
Motioned by Mayor Vaus, seconded by Councilmember Edmondson to direct the City
Manager and City Attorney to direct the City Manager to remove the Big Stone Lodge parcel from the affordable housing inventory list and prepare the parcel for a future passive park. Motion carried 5/0 by the following roll-call vote:
Ayes: De Hoff, Edmondson, Pikus, Maeda, Vaus
Noes: None
Abstained: None
Absent: None
Disqualified: None
COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d))
Councilmember De Hoff reported participating in the Poway Rotary Parade and attending a local Sewa International Day of Service event, where he spoke about remembering the service and sacrifice of first responders.
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Councilmember Pikus announced the upcoming Poway Rodeo on September 25 and 26 and encouraged residents to attend.
Councilmember Edmondson recognized the Fire Department and community volunteers for hosting Zone Zero wildfire preparedness presenta tions, noting the sessions provided residents with information regarding the new requirements and wildfire preparedness. She also recognized the Poway Rotary for hosting the annual parade.
Deputy Mayor Maeda recognized the Fire Department and volunteers for their Zone Zero wildfire preparedness workshops and efforts to train volunteers for the Home Ignition Zone VIP program.
She noted an online workshop was being developed for residents unable to attend the in-person sessions. She also reported attending the League of California Cities' September meeting at the San Diego Food Bank, where she learned about food insecurity in San Diego County and encouraged residents to volunteer.
Mayor Vaus reported attending the Poway Rotary Parade and a Chamber of Commerce ribbon cutting for The Back Nine, a new virtual golf facility in Poway. He encouraged residents to attend the upcoming Poway Rodeo.
CITY MANAGER ITEMS:
None.
CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session)
City Attorney Alan Fenstermacher joined the Closed Session by phone.
Item 14: City Attorney Alan Fenstermacher reported no reportable action.
Item 15: City Attorney Alan Fenstermacher reported out City Council voted 5/0 to authorize the City Attorney’s office to defend the City in the case K&M Investments, LP v. City of Poway, United States District Court, Southern District of California, Case No. 26 CV4672 GPC SBC.
CLOSED SESSION:
14. Conference with Real Property Negotiators
Pursuant to Government Code § 54956.8
Property: 1 Boulder Mountain Rd., Poway, CA 92064; APNs 275-260-28-00, 275-470-21-00, and 275-470-24-00
City negotiators: Chris Hazeltine, Tracy Stevens, Julie Procopio Negotiating parties: Lyle Arnold, Industrial Data Link Corporation Under negotiation: Price and terms
15. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code § 54956.9(d)(1)
One (1) Case
Name of Case: K&M Investments, LP v. City of Poway, United States District Court, Southern District of California, Case No. 26 CV4672 GPC SBC
ADJOURNMENT:
The meeting was recessed into closed session at 8:44 p.m. 10 of 11
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The meeting was adjourned at 9:38 p.m.
__________________________________
Carrie Gallagher, CMC
C i t y C l e r k
City of Poway, California
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AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
October 20, 2026
Honorable Mayor and Members of the City Council
Carrie Gallagher, City Clerk ~
Carrie Gallagher, City Clerk
(858) 668-4535 or [email protected]
Adoption of the 2027 City Council Meeting Calendar
City Council to consider and adopt the Meeting Calendar for 2027.
Recommended Action:
It is recommended the City Council adopt the Calendar as submitted.
Discussion:
CITY COUNCIL
Pursuant to Section 2.18.040 of the Poway Municipal Code, unless cancelled, the City Council shall hold regular meetings in the Council Chambers of City Hall, 13325 Civic Center Drive, on the first and third Tuesday of each month at 7:00 pm. Staff recommends the 2027 Council Meeting Calendar be modified as follows:
• Cancel the January 5, 2027 Regular City Council meeting due to the 2026 holiday schedule's impact on agenda preparation
Special Meetings and Workshops may be added to the Council Meeting schedule during the year on an as-needed basis.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
None.
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October 20, 2026, Item #3
Public Notification:
None.
Attachments:
A. Proposed 2027 City Council Meeting Calendar
Tracy Stevens
Assistant City Manager
2 of 3
Reviewed By:
Alan Fenstermacher
City Attorney
A~2
Chris Hazeltine
City Manager
3 of 3
ATTACHMENT A
October 20, 2026, Item #3
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10 11 12 13 1411116 14-16 17 18 19 20 14 15 16 17 18 19 20 17 -19 20 21 22 23 21 22 23 24 251fD21 21 22 23 24 251fD27 24 25 26 27 28 llfB 30 28 28 29 30 31
31 April May June
5 M T w T F 5 5 M T w T F 5 5 M T w T F 5
1 2 3 1 1 2 3 -5
4 5
6 7 s B 10 2 3 4 5 6 Ba 6 7 8 9 10 11 12
11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17-19 18 19 20 21 22 fD24 16 17 18 19 20 fD 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30
30. July August September
5 M T w T F 5 5 M T w T F 5 5 M T w T F 5
1 3 1 2 3 4 5 6 7 1 2 3 4
4-6 7 8
9 10 8 9 10 11 12 ID 14 5 -7 8 9 B 11
11 12 13 14 15 -17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 fD 28 19 20 21 22 23 m 25 25 26 27 28 29 ID 31 29 30 31 26 27 28 29 30
October November December
5 M T w T F 5 5 M T w T F 5 5 M T w T F 5
1 2 1 2 3 6 1 2. 4
3 4 5
6 7 .. 9 7 8 9 10 13 5 6 7 8 9 10 11
10 11 12 13 14 15 16 14 15 16 17.al8 • 20 12 13 14 15 16118 17 18 19 20 21 &23 21 22 23 24 • 27 19 20 21 22 23 • 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30
31 _J 7 p.m. City Council Meeting, 13325 Civic Center Drive ■
City Holiday
City Offices Closed
October 20, 2026, Item #4
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PQ RT City of Poway
October 20, 2026
Honorable Mayor and Members of the City C~!\~
Eric Heidemann, Director of Public Works r-c \
Robert Weber, P.E., Principal CiOil Engineer -Utilities W (858) 668-4717 or [email protected]
CITY COUNCIL
Acceptance of the Lester J. Berglund Water Treatment Plant Filter Upgrades Phase A Project with Gateway Pacific Contractors, Inc., as Complete On October 21, 2025, the City Council awarded the Lester J. Berglund Water Treatment Plant (WTP) Filter Upgrades Phase A Project contract to Gateway Pacific Contractors, Inc., Bid No. 26-002, in the amount of $683,600. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the Lester J. Berglund Water Treatment Plant Filter Upgrades Phase A Project as complete;
2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $39,988.57 if unencumbered, 45 days after the City Council acceptance;
4) Release the Travelers Casualty and Surety Company of America Bond for Material and Labor in the amount of $683,600.00 after the release of retention; and 5) Retain the Travelers Casualty and Surety Company of America Bond for Faithful Performance for a period of one year.
Discussion:
The WTP Filter Upgrades Phase A Project (Project) included both structural and mechanical upgrades focused on filter deck structures, filters five through eight, and the filter backwash vault. This overall project scope included the cleaning of interior surfaces of the filter vaults and inlet channel, the complete media replacement for existing filters five through eight, resurfacing and condition assessment of the existing stainless steel surface wash water (SWW) headers, and the installation of necessary pipe supports. In addition, the Project included the replacement of the ductile iron (DI) 90- degree elbow on the SWW header, application of protective coating to the DI SWW piping and fittings, 1 of 2
October 20, 2026, Item #4
removal and disposal of the existing polyvinyl chloride spray system, repair of concrete cracks within the interior filter structures and top slab edge of the filters, rehabilitation of the wash water supply valve, and various other related tasks.
This action accepts the Project as complete. Gateway Pacific Contractors, Inc., has completed all work in accordance with the contract plans and specifications. There was one change order for this Project, in the amount of $116,171.36. The change order addressed the condition of the existing wash water system. Five existing butterfly valves were not sealing properly, allowing water and/or air to pass through the valves during the backwash process. The condition required replacement of the affected valves and associated components to restore proper system operation and reliability. The additional scope of work included replacement of four (4) 10-inch butterfly valves and one (1) 24-inch butterfly valve, installation and reattachment of the associated Beck actuators, replacement of the existing Limitorque actuator with a new Beck actuator, and installation of the required dismantling coupling gaskets. The final contract amount is $799,771.36. Staff recommends accepting the work as complete in accordance with the standards and specifications of the contract.
Environmental Review:
The action of acceptance of public improvements is not subject to review under the California Environmental Quality Act (CEQA). Prior to construction, the Project was the subject of an environmental determination resulting in categorical exemption and a Notice of Exemption (NOE).
Fiscal Impact:
Sufficient funds are available in the Lester J. Berglund Water Treatment Plant Filter Upgrades Phase A Project (WT037) for the release of retention. Funds remaining in the project account at year end will remain to be combined with the next phase of this project. Funding for this project came from the Water Enterprise Fund 5100.
Public Notification:
None.
Attachments:
None.
Tracy Stevens
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Approved B~: (l ~
Ch~
City Manager
October 20, 2026, Item #5
AGENDA REPORT CityofPoway
DATE:
TO:
FROM:
CONTACT:
October 20, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development ServicesLf
Miguel Solano, Associate Engineer
(858) 668-4653 or [email protected]
CITY COUNCIL
SUBJECT: Acceptance of the Annual Channel Rehabilitation Project with L. B. Civil Construction, Inc., as Complete
Summary:
On February 17, 2026, the City Council awarded the Annual Channel Rehabilitation project contract to L. B. Civil Construction, Inc., Bid No. 26-007, in the amount of $661,500. This action will accept the project as complete.
Recommended Action:
It is recommended the City Council:
1) Accept the Annual Channel Rehabilitation project, as complete; 2) Authorize the City Clerk to file and record the Notice of Completion; 3) Authorize the release of the retention in the amount of $34,655, if unencumbered, 45 days after City Council acceptance;
4) Release the Hanover Insurance Company for Material and Labor in the amount of $661,500 after the release of retention; and
5) Retain the Hanover Insurance Company for Faithful Performance for a period of one year.
Discussion:
The Annual Channel Rehabilitation project addressed deteriorating conditions within several concrete stormwater channels throughout the City. Public Works staff identified areas requiring repair along the Pomerado Road, Floral Avenue, and Allbrook Drive channels. The project included repairs to deteriorated channel sidewalls and bottoms, clearing and grubbing, and removal of trees and vegetation contributing to structural damage.
This action accepts the Annual Channel Rehabilitation project as complete; however, the contract will remain open to allow the contractor to repair a section of the newly constructed channel floor at the Pomerado location that was damaged after installation. The damage is unrelated to the contractor's completed work, and the remaining repairs do not affect the completion of the overall project. There were two change orders for this project, totaling $31,600. 1 of 2
October 20, 2026, Item #5
The change orders provided additional contract time and addressed unforeseen subsurface conditions encountered during construction. One no-cost change order extended the contract by 12 working days due to unanticipated and unauthorized upstream discharges requiring dewatering and diversion efforts, unsuitable subgrade conditions and the need to reschedule remaining shotcrete work. The second change order added 79 cubic yards of void backfill for another unsuitable subgrade area with voids that were concealed beneath the existing concrete channel and could only be identified after removal of the channel floor. The affected areas were excavated and backfilled with crushed rock to provide a stable base for the new concrete repairs. The final contract amount is $693,100.
Environmental Review:
This action to accept completed public improvements, which were the subject of a prior environmental determination made in connection with the award of the project contract on February 17, 2026, is not a "Project" pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines and, therefore, is not subject to CEQA.
Fiscal Impact:
There are sufficient funds available in the project account (DR009) for the release of retention. Funds remaining in the project at year end will remain in the Drainage Fund accou-nt to be combined with future appropriation for this annual channel CIP program. Funding for the noted project came from the City's Drainage Fund 2310.
Public Notification:
None.
Attachments:
None.
R~ I Approved By:
Tracy Stevens
Assistant City Manager
2 of 2
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
October 20, 2026, Item #6
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 20, 2026
Honorable Mayor and Members of the City Cwncil
Eric Heidemann, Director of Public Works {
CITY COUNCIL
Stephen Jackson, Assistant Director of P~~ Works for Maintenance Operations (858) 668-470Yor [email protected] f --
Award of Agreement to Solana Center for Environmental Innovation for California Senate Bill 1383 Edible Food Recovery Programs Services Staff is requesting approval to enter into an Agreement with Solana Center for Environmental Innovation (Solana Center) for California Senate Bill (SB) 1383 Edible Food Recovery Program Services. The Agreement was procured through the City of Poway's (City) Sole Source process. Solana Center is the only locally known source capable of providing the required SB 1383 Edible Food Recovery Program Services to meet the City's specific needs. The proposed Agreement will be for a two-year term, beginning November 1, 2026, and ending October 31, 2028. 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 SB 1383 Edible Food Recovery Programs Services to Solana Center for Environmental Innovation and authorize the City Manager to execute the necessary documents.
Discussion:
The City is required to comply with SB 1383, which establishes statewide requirements to reduce the disposal of organic waste in landfills and increase the recovery of edible food that would otherwise be discarded. As part of these requirements, the City must implement and maintain an Edible Food Recovery Program to recover surplus edible food from regulated food generators and redistribute it through food recovery organizations to individuals in need.
To meet these requirements, the City requires specialized technical expertise and program support, including outreach and education, coordination with food recovery organizations, compliance assistance, site assessments, data collection, and reporting. Solana Center has extensive experience providing SB 1383 services to local jurisdictions and possesses specialized knowledge, established relationships, and program experience necessary to effectively administer the City's Edible Food 1 of 22
October 20, 2026, Item #6
Recovery
Program
and
support
ongoing
compliance
with
State
requirements.
The
City
has
partnered
with
Solana
Center
for
the
past
four
(4)
years
through
a
grant
funded
by
CalRecycle,
which
provided
financial
assistance
to
jurisdictions
to
support
implementation
of
the
SB
1383
program.
As
this
grant
funding
is
no
longer
available,
the
City
will
be
responsible
for
funding
the
ongoing
costs
associated
with
administering
the
program.
To
ensure
continued
compliance
with
these
requirements,
staff
recommends
entering
into
an
Agreement
with
Solana
Center
for
a two-year
term
beginning
November
1,
2026,
through
October
31,
2028,
with
the
option
to
extend
the
Agreement
for
up
to
three
(3)
additional
one-year
terms.
The
maximum
length
of
the
Agreement
would
be
up
to
five
(5)
years.
A
breakdown
of
the
costs
is
summarized
in
Table
1 below.
Table
1:
Company
Annual
Cost
Total
Cost
(2-Year
Term)
Solana
Center
for
Environmental
$56,703
$113,406
Innovation
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
{CEQA).
Fiscal
Impact:
Sufficient
funds
are
available
in
the
Fiscal
Year
2026-27
adopted
budget
in
the
Public
Works
Director
account
(40060-41200).
Amounts
for
subsequent
fiscal
years
will
be
included
in
the
annual
budget
process
for
City
Council's
consideration.
Public
Notification:
None. Attachments: A.
Standard
Agreement
1 Tracy
Stevens
Assistant
City
Manager
2 of22
Reviewed
By:
Alan
Fenstermacher
City
Attorney
October 20, 2026, Item #6
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1st
day
of
November,
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
SOLANA
CENTER
FOR
ENVIRONMENTAL
INNOVATION
("the
Contractor").
RECITALS
1. WHEREAS,
City
desires
to
obtain
services
for
providing
professional
consulting
services
supporting
the
City's
SB
1383
Edible
Food
Recovery
programs;
WHEREAS,
Contractor
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor.
During
said
60-day
period
Contractor
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
· of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
for
cause
shall
be
effected
by
3 of22
ATTACHMENT
A
October 20, 2026, Item #6
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
4 of22
October 20, 2026, Item #6
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
5 of22
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item; and
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
October 20, 2026, Item #6
DISCLOSURE DETERMINATION:
• [8J 1 . Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
6 of22
October 20, 2026, Item #6
14. Contractor's
Insurance.
Contractor
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Contractor's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees.
(b)
For
Claims
alleged
to
arise
from
Contractor's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Contractor
or
any
other
person
for,
and
Contractor
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Contractor's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Contractor,
its
agents,
officers,
directors,
sub-Contractors
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
(c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts.
7 of22
October 20, 2026, Item #6
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if
Contractor
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
City shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
8 of22
October 20, 2026, Item #6
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.
9 of22
October 20, 2026, Item #6
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
10 of 22
October 20, 2026, Item #6
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:-----------
Alan Fenstermacher, City Attorney
11 of 22
SOLANA CENTER FOR ENVIRONMENT AL
INNOVATION
By:------------
Jessica Toth, Executive Director
October 20, 2026, Item #6
A. Scope of Services.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Contractor agrees to provide professional consulting services supporting the City's SB 1383 Edible Food Recovery programs which shall consist with the documents described in the Scope of Service, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.
1. Inspections and Assessments.
a. Conduct inspections of Tier I and Tier II commercial edible food generators and edible food recovery organizations.
b. Conduct follow-up inspections to ensure compliance, if necessary. c. Conduct annual tier identification and classification of commercial edible food generators.
d. Conduct inspection analysis and prepare supporting documentation and justification.
e. Develop monthly inspection and phone assessment plans and conduct phone assessments as appropriate. Provide additional technical assistance visits and/or individualized communication and support to businesses.
2. Compliance and Enforcement.
3. 12 of22
a. Support compliance and enforcement by investigating and documenting complaints.
b. Conduct inspections to verify corrections.
c. Assist in addressing violations of the Lemon Grove Municipal Code. d. Participate in the Administrative Hearing Process, if necessary.
Education and Outreach.
a. Assist with education and outreach efforts.
b. Maintain an up-to-date list of EFGs and FROs.
c. Review and verify information on the City's website and if necessary, provide recommendations to ensure compliance.
d. Assist City staff with the development of edible food recovery educational resources, as needed.
October 20, 2026, Item #6
4. Recordkeeping.
a. Maintain and update required SB 1383 compliance records through the Implementation Record on EDCO's database.
5. Communication, Reporting & Administrative Support.
a. Provide communication and support, as needed.
b. Participate in meetings with City staff to assist with overall compliance and to ensure desired progress and outcomes. c. On behalf of the City, meet with Cal Recycle, San Diego County, EDCO, and food recovery organizations, if necessary.
d. Provide data, documentation, and support necessary to complete required reporting, including annual FRO and food generator reporting.
e. Provide invoicing, reporting, and related administrative support associated with the services.
f. Provide additional SB 1383 compliance support, as needed.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the total fees submitted with the quote dated September 10, 2026, which is included in Attachment 1. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing November 1, 2026, and ending October 31, 2028, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no 13 of 22
October 20, 2026, Item #6
earlier than November 1, 2028. 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.
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." 14 of 22
October 20, 2026, Item #6
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:
15 of22
To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
Solana Center For Environmental
Innovation
137 N. El Camino Real
Encinitas, CA 92024
(Remainder of page intentionally left blank)
October 20, 2026, Item #6
Company Address 137 N. El Camino Real
Encinitas, CA 92024
us
Prepared By
Email
Bill To Name
Bill To
Kayleigl1 Dearstyne-Hulin
[email protected]
City of Poway
PO Box 789
Poway, CA 92074
Contract Start Date 11/1/2026
CONTRACT LIFETIME TOTAL
Created Date
Expiration Date
Quote / Invoice
Number
Contact Name
9/10/2026
10/31/2026
00001021
Jennafer Steffan
Contract End Date 10/31/2028
' '• , I , ' ~ • • •
~a~k • , : . ·, ;·_. •0,' ,,"-:.-,:~ •••• ,'.'-• ••• • ·: •• ·, -," ·., • SalesPrice, Quantity , Total
01.1 Annual FG SB1383 Education $113.56 5.00 $567.80
01.2 FRO List Update $113.56 5.00 $567.80
02.1 Annual Inspection Analysis & Justification $113.56 3.00 $340.68
02.2 Monthly Inspection & Phone Assessment Planning $113.56 3.50 $397.46
02.3 Food Generator or Food Rescue Organization Site Visit $397.46 12.00 $4,769.52
02.4 Phone Assessment $113.56 3.00 $340.68
02.8 Individualized Business Support & Enforcement $113.56 12.00 $1,362.72
02.9 CalRecycle Visit Support $113.56 5.00 $567.80
03.1 Annual Tier Identification $113.56 15.00 $1,703.40
03.2 FRO Annual Reporting Assistance $113.56 4.00 $454.24
03.3 FG Annual Reporting Assistance $113.56 39.00 $4.428:84
04.1 CalRecycle Compliance Implementation Recordkeeping $567.80 7.00 $3,974.60
06.1 Consulting $113.56 21.00 $2,384.76
06.2 Invoicing & Reporting $100.00 21.00 $2,100.00
7.1 Drive Time $100.00 12.00 $1,200.00
7.2 Mileage $0.76 120.00 $91.20
Flex Funds $1.00 3,100.00 $3,100.00
01.1 Annual FG SB1383 Education $113.56 5.00 $567.80
01.2 FRO List Update $113.56 5.00 $567.80
02.1 Annual Inspection Analysis & Justification $113.56 3.00 $340.68
02.2 Monthly Inspection & Phone Assessment Planning $113.56 3.50 $397.46
02.3 Food Generator or Food Rescue Organization Site Visit $397.46 12.00 $4,769.52
02.4 Phone Assessment $113.56 3.00 $340.68
02.8 Individualized Business Support & Enforcement $113.56 12.00 $1,362.72 16 of 22
02.9 CalRecycle Visit Support $113.56 5.00 $567.80
October 20, 2026, Item #6
03.1 Annual Tier Identification
03.2 FRO Annual Reporting Assistance
03.3 FG Annual Reporting Assistance
06.1 Consulting
06.2 Invoicing & Reporting
7.1 Drive Time
7.2 Mileage
Flex Funds
04.1 CalRecycle Compliance Implementation Recordkeeping 17 of22
$113.56
$113.56
$113.56
$113.56
$100.00
$100.00
$0.76
$1.00
$567.80
Grand Total
15.00 $1,703.40
4.00 $454.24
39.00 $4,428.84
21.00 $2,384.76
21.00 $2,100.00
12.00 $1,200.00
120.00 $91.20
3,100.00 $3,100.00
7.00 $3,974.60
$56,703.00
October 20, 2026, Item #6
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.
DeeriJJ.g'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)
18 of 22
(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 October 20, 2026, Item #6
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:
19 of 22
(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.
October 20, 2026, Item #6
(3)The
retiree
is
eligible to
participate
in
the
Faculty Early Retirement
Program
pursuant
to
a
collective bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements
.
(4)The
retiree
is
a
public
safety
officer
or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public safety
officer or
firefighter.
(g)A
retired
person
who
accepted
a
retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214
. 24214.5
or
26812
ofthe
Education
Code.
(i)This
section
shall
not
apply
to
(1)
a
subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a
judgeship
pursuant
to
Section
69615
, and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a
trial
court
, or
(2)
a
retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§ 15
(AB
340).
effective
January
1,
2013.
Amended
Stats
2013
ch
528
§ 11
(SB
13),
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
1,
2013;
Stats
2014
ch
238
§ 1 (AB
2476),
effective
January
1,
2015.
Annotations Notes Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(I)
and
(f)(2);
(2)
"or
firefighter
hired to
perform
a function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
20 of22
October 20, 2026, Item #6
GUARANTY
To
the
City
of
Poway,
City
Council,
for:
SB
1383
Edible
Food
Recovery
Programs
Services
The
undersigned
guarantees
the
work
included
in
this
project(s).
Should
any
of
the
materials
or
equipment
prove
defective
or
should
the
work
as
a
whole
prove
defective,
due
to
faulty
workmanship,
material
furnished
or
methods
of
installation,
or
should
the
work
or
any
part
thereof
fail
to
operate
properly
as
originally
intended
and
in
accordance
with
the
Plans
and
Specifications,
due
to
any
of
the
above
causes,
all
within
the
number
of
months
the
site
is
to
be
maintained
after
date
on
which
this
Contract
is
accepted
by
the
City,
or
the
date
of
recordation
of
Notice
of
Completion,
whichever
is
the
later,
the
undersigned
agrees
to
reimburse
the
City
upon
demand,
for
its
expenses
incurred
in
restoring
said
work
to
the
condition
contemplated
in
said
project,
including
the
cost
of
any
such
equipment
or
materials
replaced
and
the
cost
of
removing
and
replacing
any
other
work
necessary
to
make
such
replacement
or
repairs,
or upon
demand
by
the
City,
to
replace
any
such
material
and
to
repair
said
work
completely
without
cost
to
the
City
so
that
said
work
will
function
successfully
as
originally
contemplated.
The
City
shall
have
the
unqualified
option
to
make
any
needed
replacements
or
repairs
itself
or
to
have
such
replacements
or
repairs
done
by
the
undersigned.
In
the
event
the
City
elects
to
have
said
work
performed
by
the
undersigned,
the
undersigned
agrees
that
the
repairs
shall
be
made
and
such
materials
as
are
necessary
shall
be
furnished
and
installed
within
a
reasonable
time
after
the
receipt
of
demand
from
the
City.
If
the
undersigned
shall
fail
or
refuse
to
comply
with
his
obligations
under
this
guaranty,
the
City
shall
be
entitled
to
all
cost
and
expenses,
including
attorney's
fees,
reasonably
incurred
by
reason
of
the
said
failure
or
refusal.
Contractor Date
21 of
22 October 20, 2026, Item #6
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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October 20, 2026, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
October 20, 2026
Honorable Mayor and Members of the City~~
Eric Heidemann, Director of Public Works /\
Carlos Cortes, Utilities Administrator llfiG
(858) 668-4703 or [email protected] L,
CITY COUNCIL
Ordinance to Amend the Poway Municipal Code Regarding the Industrial Wastewater Pretreatment Program to Delegate Authority to the City of San Diego Effective July 1, 2026, the Second Amended and Restated Regional Wastewater Disposal Agreement (SARA) transferred administrative control of the regional Industrial Wastewater Control Program (IWCP) to the City of San Diego (San Diego). To comply with the SARA, staff recommends updating Poway Municipal Code (PMC) Chapter 13.05 "Industrial Wastewater Pretreatment Program" to delegate industrial user (IU) permitting, inspection, and enforcement authority to San Diego. Approval of the attached Ordinance will codify these administrative changes and modernize local discharge definitions.
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the November 17, 2026 Regular City Council meeting.
Discussion:
The City of Poway (City) owns and operates a wastewater collection system that serves residents in the City's service area. The City does not own a wastewater treatment plant, so sewage flows are conveyed via sewer lift stations, large-diameter pipelines, and gravity to San Diego's regional Metropolitan Sewerage System (Metro System). The Metro System spans throughout a large portion of San Diego County (County) and includes collection lines, sewer lift stations, and treatment plants.
Sewage flows from the participating agencies (PAs) converge in the Metro System where some flows are treated at San Diego's North City Water Reclamation Plant (NCWRP) where they are reclaimed for beneficial use or conveyed for further discharge, and some flows are treated at the Point Loma 1 of 19
October 20, 2026, Item #7
Wastewater Treatment Plant (PLWTP) where they are discharged as secondary effluent into the Pacific Ocean.
The City has been a member of the Metro System since the City's incorporation in 1980. Prior to the City's incorporation in 1980, local wastewater services were managed by the Pomerado County Water District (PCWD). PCWD held contracted flow capacity rights in the Metro System, which were formally transferred to the City upon its founding. In 2001, the City of Poway and other municipalities and special districts flowing to the Metro System founded the Metropolitan Joint Powers Authority (Metro JPA) as a governing body to jointly represent the agencies. The Metro JPA currently accounts for approximately 35% of the sewage flow and costs of the Metro System and has negotiated the terms of the 1998, 2021, and 2026 regional wastewater disposal agreements with San Diego.
The newly effective 2026 SARA and the accompanying Administrative Agreement were approved by City Council on December 2, 2025, and became effective on July 1, 2026. These amendments revised the governance policies of the Metro System and consolidated administrative control of the regional IWCP under the authority of San Diego for unified management.
Under this new administrative agreement, the City has approved San Diego's authority to directly issue permits to industrial users (IU}, inspect and monitor !Us, and collect fees and fines from IUs discharging to the Metro System on behalf of the PAs.
The purpose of the attached Ordinance is to reflect those approved administrative updates in the PMC Chapter 13.05 as necessary to align with the new division of responsibilities and to codify the authority of San Diego's IWCP program staff to administer the IWCP. Additionally, while staff reviewed PMC Chapter 13.05 for necessary changes, minor revisions were also made to modernize various items such as state agencies, prohibition parameters, and job titles; the attached Ordinance reflects these modernizing updates as well.
If this Ordinance is approved, San Diego will be authorized by the PMC to administer the City's IWCP as previously approved by City Council and as required by the SARA.
Environmental Review:
None.
Fiscal Impact:
These administrative IWCP updates transfer annual invoicing-which was previously charged to the City and cost-allocated to permitted !Us via wastewater rates-to direct billing of IUs within the City's service area by San Diego. Under previous agreements, San Diego's invoiced expenditure was budgeted annually in the Sewer Pumping/Disposal Division, Special Studies account 403070-17200 and included in sales revenue projections. Due to this transition, staff will no longer budget for this cost starting in Fiscal Year 2027-28.
Because this expenditure was directly offset by revenues collected through industrial user billing rates, removing the budget line-item results in no net financial impact to the Wastewater Enterprise Fund 5200. While local administrative oversight may decrease, overall operational expenses are 2 of 19
October 20, 2026, Item #7
expected to remain revenue-neutral, as program administration costs will likely be reflected in Metro System billings.
Public Notification:
None.
Attachments:
A. Ordinance Amending the Industrial Wastewater Pretreatment Program 3 of 19
Reviewed By:
Alan Fenstermacher
City Attorney
App~
Chris Hazeltine
City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING CHAPTER 13.05
(INDUSTRIAL WASTEWATER PRETREATMENT PROGRAM) OF
THE POWAY MUNICIPAL CODE REGARDING THE TRANSFER
OF ADMINISTRATIVE PROGRAM CONTROL TO THE CITY OF
SAN DIEGO AS REQUIRED BY THE 2026 SECOND AMENDED
AND RESTATED REGIONAL WASTEWATER DISPOSAL
AGREEMENT
WHEREAS, the City of Poway owns and operates a public sewer system to provide municipal and industrial wastewater collection and conveyance services but, due to its geographic location, does not own or operate wastewater treatment or effluent discharge systems; WHEREAS, City of San Diego owns and operates a regional Metropolitan Sewerage System to provide shared conveyance, treatment, and effluent discharge or reuse for 12 participating wastewater agencies which share in the system capacity and costs; WHEREAS, the City of Poway is a member of the Metropolitan Joint Powers Authority and a participating agency of the Metropolitan Sewerage System and thereby holds contracted wastewater treatment and discharge capacity;
WHEREAS, the operation and administration of the shared Metropolitan Sewerage System is governed by a series of cons ecutive agreements including the 1998 Regional Wastewater Disposal Agreement, the 2021 Amended and Restated Regional Wastewater Disposal Agreement (ARA), and currently the 2026 Second Amended and Restated Regional Wastewater Disposal Agreement (SARA) which wa s approved by the City Council of the City of Poway on December 2, 2025 and which took effect July 1, 2026; WHEREAS, the 1995 Poway Municipal Code (PMC) Chapter 13.05 establishes the City of Poway’s industrial wastewater pretreatment program which defines the regulation, permitting, monitoring, and enforcement of special industrial wastewater dischargers for the maximum beneficial public use of the sewer system;
WHEREAS, the City of Poway and City of San Diego jointly administer the permitting and oversight of special industrial dischargers within the City of Poway’s service area; WHEREAS, the SARA includes Administrative Agreement No. 1 which establishes the basis for the Unified Management of Industrial Waste Discharge Pretreatment and Enhanced Source Control Programs as a responsibility of the City of San Diego which requires participating agencies of the Metropolitan Sewerage System to transfer administrative control of their industrial wastewater control programs to the City of San Diego in an effort to centralize and streamline program efforts; and
WHEREAS, the City of Poway public works staff have reviewed PMC chapter 13.05 for obligatory changes needed in order to comply with the requirements of the 2026 SARA and have made the necessary revisions along with minor updates to modernized discharge prohibitions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
4 of 19
October 20, 2026, Item #7
ATTACHMENT A
Ordinance No.
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council find
s that the requirements of the 2026 SARA along with
minor industry changes since 1995 necessitate substantive revisions to PMC chapter 13.05 as set forth herein.
SECTION 3: The City Council hereby approves this ordinance and amends certain sections of the PMC as specified below. Removals are indicated with strikethroughs and additions are indicated with underline.
SECTION 4: Chapter 13.05 of the PMC shall be amended as follows:
Chapter 13.05
INDUSTRIA
L WASTEWATER PRETREATMENT PROGRAM
Sections:
13.05.010 Title. This chapter shall be known as the “City of Poway Industrial Wastewater Pretreatment Ordinance.”
13.05.020 Purpose. The purpose of this chapter is to provide for the maximum beneficial public use of the City’s wastewater system public sewer, as defined in PMC section
13.05.050, through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City’s costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by other regulatory bodies.
13.05.030 Scope. This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City’s wastewater system public sewer.
This chapter provides
for the regulation of sewer construction in areas within the City’s boundaries, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits, and the establishment of penalties for violation of the ordinance codified in this chapter.
This chapter shall conform with the City's wastewater treatment and disposal agreement known as the Second Amended and Rested Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System (SARA) approved by Council in 2025 and shall conform with the City of San Diego’s municipal codes governing the shared Metropolitan Sewerage System to the extent required by the SARA and any subsequent agreement amendments and administrative agreements as defined in SARA. In the case of a discrepancy, between definitions and policies of this chapter and the City of San Diego’s municipal code governing the shared Metropolitan Se werage System, the City’s municipal code shall conform with and remain at least as stringent as the City of San Diego’s municipal code only as required by the SARA and any subsequent agreement amendments with all other sections remaining unaltered.
5 of 19
October 20, 2026, Item #7
Ordinance No.
13.05.040 Liquid waste disposal policy. The City builds and operates public sewers and wastewater facilities servin g
homes, industries, and commercial establishments. The
following policies apply to wastewater discharges within the City’s boundaries and to other discharges that are tributary to the City’s wastewater facilities.
Generally, wastewater originating within the City’s boundaries will be removed by the City’s wastewater system public sewer provided the wastewater will not (1) damage structures, (2) create nuisances such as odors, (3) menace public health, (4) impose unreasonable collection, treatment, or disposal costs on the City, (5) interfere with wastewater treatment processes, (6) exceed quality requirements set by regulatory government agencies, or (7) detrimentally affect the local environment.
The City is committed to a policy of wastewater renovation and reuse in order to provide an alternate source of water supply and to reduce overall costs of wastewater treatment and disposal. The renovation of wastewater through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on industrial wastewater dischargers than those required by other regulatory agencies.
To comply with stated policies of the Federal government and to permit the City to meet increasingly higher standards, provisions are made in this chapter for the regulation of industrial wastewater discharges. This chapter establishes quantity and quality limitations on industrial wastewater discharges. Methods of cost recovery from industrial wastewater dischargers where the discharges impose inequitable collection, treatment, or disposal costs on the City will be established by a resolution of the City Council of Poway or by the City of San Diego.
Recovery and reuse procedures established by industrial wastewater dischargers themselves to meet the limitations set on their discharges will be preferred by the City over those procedures designed solely to meet wastewater discharge limitations. Methods providing for beneficial reuse of otherwise wasted resources shall be the approved method of industrial wastewater treatment wherever feasible.
Optimum use of the City’s wastewater facilities may require that certain industrial wastewaters be discharged during periods of low flow in the City’s wastewater system public sewer.
13.05.050 Definitions. For the purposes of this chapter, the terms relating to water and wastewater shall be conform with the relevant sections of th e City of San Diego’s municipal code
pertaining to City of San Diego’s industrial wastewater control program as required by the 2026 SARA and subsequent amendments. Except as required by the SARA and subsequent amendments, definitions will remain as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation Water Environment Federation.
The meaning of other various terms as used in this chapter shall be as follows:
A. “Applicant” means a person, or group of persons, who applies for sewer service.
B. “Director of Public Services” means the department head of the Public Services Department of the City of Poway also known as the Director of Public Works or his/her designee. 6 of 19
October 20, 2026, Item #7
Ordinance No.
C. “Discharger” means any person or entity that discharges or causes a discharge of wastewater directly or indirectly to a public sewer.
D. “Domestic wastewater” means the liquid and waterborne wastes derived from the ordinary living processes in a dwelling unit, said wastes being of such character as to permit satisfactory disposal, without special treatment, into a public sewer or by means of a private disposal system.
E. “Industrial User Permit” OR “Permit for Industrial Wastewater Discharge” means the permit issued by staff of the City of San Diego’s industrial wastewater control program which authorizes industrial users to discharge wastewater of specified quality and quantity as defined within the permit and further prohibited by section 13.05.270 of this chapter.
E.F. “Industrial wastewater” means all wastewater, excluding domestic wastewater, and shall include all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater.
F.G. “Mass emission rate” means the weight of material discharged to a public sewer during a given time interval.
H. “Metropolitan Sewerage System” means the entirety of the shared regional wastewater conveyance, treatment, and disposal system owned and operated by City of San Diego in which City maintains capacity rights.
G.I. “Person” means any individual, partnership, entit y, firm, association, corporation, or public agency including the State of California and the United States of America.
J. “Program Administrators” means Director of Public Works or the authorized representatives with delegated authority and responsibility. Under the terms of SARA, Program Administrator includes staff of the City of San Diego’s industrial wastewater control program.
K. “Program Inspectors” means any qualified person(s) retained, assigned and/or tasked by Program Administrators to conduct monitoring, sa mpling, or similar oversight activities on the permittee’s premises or via review of the permittee’s records. Program Inspectors identify themselves as representatives of the Program Administrators upon contact.
H.L. “Public sewer” means a sewer owned and operated by the City of Poway or sewers receiving
flows from the City into shared Metropolitan Sewerage System.
M. “Second Amended and Restated Regional Wastewater Disposal Agreement Between the City of San Diego and the Participating Agencies in the Metropolitan Sewerage System” or “SARA” means the interagency agreement by which City is obligated to certain terms including the general delegation of administration and enforcement of the industrial wastewater pretreatment program to City of San Diego on behalf of the Director of Public Works (or Director of Public Services). The SARA includes a framework for executing administrative agreements to serve as side agreements to the SARA without needing to amend the SARA.
I.N. “Standard methods” means procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published jointly by the American Public Health 7 of 19
October 20, 2026, Item #7
Ordinance No.
Association, the American Water Works Association, and the Water Pollution Control Federation Water Environment Federation.
J.O. “Suspended solids” means any
insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said wastewater by laboratory filtration as determined by the appropriate testing procedure and standard methods.
K.P. “Treatment facilities” means treatment works actually used in the treatment of wastewater or for the reclamation of wastewater.
L.Q. “Waste” means wastewater and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitati on, of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such wastes placed within containers of whatever nature, prior to and for the purpose of disposal.
M.R. “Wastewater” means waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
N.S. “Wastewater constituents and characteristics” means the individual chemical, physical, bacteriological, or radiological parameters, including volume, flow rate, and such other parameters that define, classify, or measure the quality and quantity of wastewater.
O.T. “Wastewater system” or OR “fFacilities” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater within the public sewer.
13.05.060 Responsibility for administration. As
required under the terms of the SARA
and subsequently ratified administrative agreements, the City and Tthe Director of Public Services shall have delegated to the City of San Diego the authority and responsibility to administer, implement, and enforce the provisions of this chapter. and relevant sections of City of San Diego’s municipal code pertaining to the industrial wastewat er control program. It is the intent of this delegation that the City of San Diego shall carry out the stated functional duties of this chapter.
The Director of Public Services may continue to jointly or independently administer, implement, and enforce provisions of this chapter which are not less stringent than those required by City of San Diego’s municipal code. Any powers granted to or duties imposed upon the Director of Public Services may be delegated by the Director of Public Services to persons in the employ of the City of Poway or any other duly authorized representative, agent, or agency. The staff and agencies authorized to administer the City’s industrial wastewater pretreatment program on behalf of the City are the Program Administrators.
The Director of Public Services or, pursuant to the requirements of the SARA, the City of San Diego shall make and enforce regulations necessary to the administration of this chapter and to relevant sections of City of San Diego’s municipal code. The Director may amend such regulations from time to time as conditions require but regulations must conform with the requirements of the SARA. These regulations shall be consistent with the general policy established herein by the City Council and shall conform with the policies of the SARA and City of San Diego’s relevant industrial wastewater control program codes.
13.05.070 Penalty for violation
s. Administration of penalties in accordance with the
provisions in this chapter and those required by City of San Diego’s industrial wastewater control program code is primarily conducted by City of San Diego to the extent required by the SARA. 8 of 19
October 20, 2026, Item #7
Ordinance No.
City may enforce additional penalties beyond those issued by City of San Diego in a manner that does not apply duplicative violation penalties on the violating party.
A. Public Nuisance. Discharge of wastewater in any manner in violation of this chapter or of any order issued by the Director of Public Services, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Public Services Program Administrators. Any person creating such a public nuisance is guilty of a misdemeanor.
B. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the Director of Public Services Program Administrators may cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.
C. Costs of Damage. Any person violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage, or any other impairment to the City’s facilities shall become liable to the City for all expense, loss, or damage occasioned the City by reason of such violation or discharge.
D. Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan, or other document filed with the Director of Public Services Program Administrators or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a misdemeanor.
E. Termination of Service. The City Program Administrators may revoke any industrial wastewater discharge permit issued pursuant to PMC 13.05.160 or terminate or cause to be terminated any wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. This provision is in addition to other statutes or rules authorizing termination of service for delinquency in payment.
When deemed necessary by the Director of Public Services Program Administrators, for the continuing preservation of public health or safety or for the protection of public or private property, the Director Program Administrators may suspend sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety of public or private property. In suspending service, the Director Program Administrators may sever all pertinent connections to the public sewer. If such endangerment shall be imminent, then the Director of Public Services may act immediately to suspend sewer service without notice or warning to said person or persons.
F. Civil Penalties. Any person who violates any provision of this chapter or permit condition, or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard, shall be liable civilly for a penalty not to exceed $300.00 for each day in which such violation occurs.
G. Criminal Penalties. Any person who intentionally violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution or who violates any cease and desist order, prohibition, effluent limitation or national pretreatment standard shall be liable, upon conviction, for a sum not to exceed $10,000 for each day in which such violation occurs, or for imprisonment for not more than one year or both.
9 of 19
October 20, 2026, Item #7
Ordinance No.
13.05.080 Notice and appeal procedures. Unless otherwise provided herein or as determined by City of San Diego’s industrial wastewater control program code, any notice required to be given by the Director of Public Services under this chapter may be given by Program Administrators and shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director of Public Services Program Administrators. Where the address is unknown, service may be made upon the owner of record of the property involved.
Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
Any person found to be violating any provision of the chapter shall be served by the Director of Public Services Program Administrators with written notice stating the nature of the violation.
Within 30 days after the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the Director of Public Services Program Administrators. If the violation is not corrected by timely compliance, or a satisfactory correction plan submitted within the specified time, the Director of Public Services Program Administrators may order any person to show cause before the Director of Public Services Program Administrators why enforcement action should not be taken. A written notice shall be served on the person specifying the time and place of a hearing, the reason why the action is to be taken, and the proposed enforcement action. The Director of Public Services Program Administrators may propose any enforcement action reasonably necessary to abate the violation. Based upon the evidence presented at the hearing, the Director of Public Services Program Administrators shall determine the appropriate enforcement action which should be taken, if any.
13.05.090 Time limits. Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the Director of Public Services Program Administrators.
13.05.100 Inspection and sampling. Adequate identification shall be provided by the Director of Public Services Program Admini strators for all inspectors and other authorized personnel and those persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor.
Inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s wastewater public sewer system may be made by the Director of Public Services Program Administrators as he deems nec essary. These facilities shall include but not be limited to sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this chapter.
Access to all of the above facilities or to other facilities directly or indirectly connected to the City’s wastewater public sewer system shall be given to authorized personnel of the City Program Administrators at all reasonable times including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the wastewater facility to be inspected shall 10 of 19
October 20, 2026, Item #7
Ordinance No.
promptly be removed by the facility user or owner at the written or verbal request of the Director of Public Services Program Administrators and shall not be replaced.
No person shall interfer
e with, delay, resist, or refuse entrance to an authorized City program inspector attempting to inspect any wastewater generation, conveyance, or treatment facility connected directly or indirectly to the City’s wastewater public sewer system.
The City Program Administrators, through its assigned repr esentatives or inspectors, shall have
the right to inspect and copy pertinent records relating to a permittee’s wastewater discharge or pretreatment operations including inventories, chemical usage, materials sources, hazardous materials manifests and disposal records, treatment and operations log books and materials invoices.
13.05.110 Recording of fees and charges. The Director of Public Services Program Administrators shall keep a permanent and accurate account of all fees and charges received under this chapter, giving the names and addresses of the persons on whose account the fees and charges were paid, the date and amount thereof, and the purpose for which charges were paid.
13.05.120 Estimated quantities and values. Unless otherwise provided herein, whenever the fees and charges required by this chapter are based on estimated values or estimated quantities, the Director of Public Services Program Administrators shall make such determinations in accordance with established estimating practices.
13.05.130 Approval of plans and issuance of permits. The Director of Public Services Program Administrators will approve plans for wastewater facilities construction, approve issuance of a permit for industrial wastewater discharge or any other permit under the ordinance codified in this chapter only if it appears to the Director of Public Services Program Administrators that the wastewater facilities construction, sewer connection, industrial wastewater discharge, or other procedure conforms to the requirements of this chapter.
All required fees and charges shall be paid before approval of plans or issuance of a permit.
The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.
13.05.140 Malicious damage to City’s facilities. Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment, or appurtenance which is a part of the City’s wastewater public sewer system shall be a violation of this chapter.
13.05.150 Waste disposal – Permit required. Any person, municipality, sanitation district, or governmental agency desiring to discharge industrial waste into a public sewer shall obtain a permit to discharge said wastes into said system from the Director of Public Services Program Administrators known as a permit for industrial wastewater discharge or by the City of San Diego an industrial user permit.
13.05.160 Permit for
industrial wastewater discharge. The permit for industrial wastewater discharge may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of 11 of 19
October 20, 2026, Item #7
Ordinance No.
the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City of Poway created by the wastewater discharge, and such other conditions as may be required to effectuate the purpose of this chapter.
No person shall discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge industrial user permit. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater permit should apply to the City of Po way Public Services Department City of San Diego for an amended permit.
13.05.170 Discharge reports. The City Program Administrators may require that any person discharging or proposing to discharge wastewater into a public sewer file a periodic discharge report. The discharge report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged.
In addition to discharge reports, the City Program Administrators may require information in the form of industrial wastewater discharge permit applications and self-monitoring reports.
In addition to the foregoing, the City Program Administrators may also require permittees to provide baseline monitoring reports, compliance schedule reports and final compliance reports.
13.05.180 Permit application.
A. Persons seeking an industrial wastewater discharge permit shall notify the City complete and file with the Director of Public Services Program Administrators, an application in the form prescribed by the Director of Public Services Program Administrators, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
1. Name, address and standard industrial classification number of applicant;
2. Volume of wastewater to be discharged;
3. Wastewater constituents and characteristics including but not necessarily limited to those mentioned in PMC 13.06.270 as determined by a laboratory approved by the City Program Administrators;
4. Time and duration of discharge;
5. Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations if any;
6. Description of activities, facilities, and plant process on the premises including all materials, processes, and types of materials which are or could be discharged; and
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October 20, 2026, Item #7
Ordinance No.
7. Any other information as may be deemed by the Director of Public Services Program Administrators to be necessary to evaluate the permit application.
B. The Director of Public Services Program Administrators will evaluate the data furnished by the applicant and may require additional information. After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment systems, or other systems relating to the waste discharge may be required. The Director of Public Services Program Administrators may then issue an industrial wastewater discharge permit subject to terms and conditions provided herein.
13.05.190 Permit conditions. Industrial user permits, previously referred in this chapter as Iindustrial wastewater discharge permits shall be subject to all provisions of this chapter and all other regulations, user charges, and fees established from time to time by resolution of the City Council or by the City of San Diego’s industrial wastewater control program codes. The conditions of industrial wastewater discharge permits shall be uniformly enforced by the Director of Public Services Program Administrators in accordance with this chapter, City of San Diego’s industrial wastewater control program codes, and applicable local, State, and Federal regulations.
13.05.200 Duration of industrial wastewater discharge permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. If the permittee is not notified by the Director of Public Services 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the City of Poway Program Administrators during the life of the permit as limitations or requirements as identified in PMC 13.05.270 or by City of San Diego’s industrial wastewater control program codes are modified and changed. The permittee shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
13.05.210 Transfer of an industrial wastewater discharge permit or changed use.
Industrial wastewater discharge user permits are non-transferrable and shall be issued only for specific use for a specific operation. Any sale, lease transfer or assignment of the premises or operation for which the permit was issued shall require a new permit to be issued. Any new or changed conditions of operation shall require a new permit to be issued.
13.05.220 Revocation of industrial wastewater discharge permit. The Director of Public Services Program Administrators may revoke the permit of any permittee who is found to be in violation of this chapter or applicable local, State, or Federal regulations or who:
A. Fails to factually report the wastewater constituents and characteristics of its discharge;
B. Fails to report significant changes in operations, or wastewater constituents and characteristics;
C. Refuses reasonable access to the permittee’s premises for the purpose of inspection or monitoring; or
D. Violates conditions of the permit.
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13.05.230 Industrial wastewater discharge permit fee. Program Administrators will collect An industrial wastewater discharge user permit fees will be collected annually from all permittees.
The permit fee will be established periodically by a resolution of the City Council Program Administrators in accordance with governing body approval policies; provided, however, that prior to considering any change in said permit fee by resolution as aforesaid, a notice of the proposed change shall be posted publicly by the City Clerk Program Administrators or delegated staff of the authorizing agency at least 10 days prior to consideration of such a resolution by the authorizing City Council governing body.
13.05.235 Collection of
monitoring fees. Where monitoring services are provided by either the City of Poway Program Administrators or an outside agency on the City’s Program Administrators’ behalf, the City of Poway Program Administrators shall assess the individual discharge permit holder of the industrial user permit the actual costs incurred by the City of Poway Program Administrators in conjunction with the monitoring and the administrative overhead for the management of the pretreatment program.
13.05.240 Sampling, self-monitoring, and flows. The Director of Public Services Program Administrators shall require the permittee to provide results of periodic measurements of its discharge which is to include chemical analyses and flow. The Director of Public Services Program Administrators may require a monitoring facility to be furnished and operated at permittee’s expense. All permittees making periodic measurements shall furnish and install at an appropriate location, a calibrated flume, weir, flow meter, or similar device suitable to measure flow rate and total volume approved by the Director of Public Services Program Administrators.
In lieu of wastewater flow measurement, the Director of Public Services Program Administrators may accept records of water usage and adjust the flow volume by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. The monitoring facility should normally be situated on the permittee’s premises, but the Director of Public Services Program Administrators may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director of Public Services Program Administrators requirements and shall be completed within 90 days following written notification by the Director of Public Services Program Administrators, unless a time extension is granted by the Director of Public Services Program Administrators. Those permittees required by the Director of Public Services Program Administrators to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements as required in the permit. When required by the Director of Public Services Program Administrators, permittees shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment. Permittees shall allow the City or its representative ready access at all reasonable times to all parts of the premises for purposes of sampling or in the performance of any of their duties. The Director of Public Services Program Administrators shall have the right to set up on the permittee’s property such devices as are necessary to conduct sampling or metering operation. Where a permittee has security measures in force, the permittee shall make the necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the City Program Administrators shall be permitted to enter without delay.
All sampling, analysis and flow measurement procedures, equipment, results, and records shall be subject at any time to inspection by the Director of Public Services Program Administrators. 14 of 19
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13.05.250 Pretreatment. Permittees shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pretreat wastewater to a level acceptable to the Director of Public Services Program Administrators shall be provided and maintained at the permittee’s sole expense.
Detailed plans, compliance schedules, and operating procedures shall be submitted to the Director of Public Services Program Administrators for review and shall be approved by the Director of Public Services Program Administrators before construction of the facility. The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Director of Public Services Program Administrators under the prov isions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Director of Public Services Program Administrators. No permittee shall increase the use of processed water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any local, State, or Federal discharge standard.
The Director of Public Services Program Administrators shall have the authority in negotiation with any industrial permittee, to impose compliance schedules relating to installation of specific pretreatment equipment, filing of reports, and achievement of specific discharge conditions including target parameter concentrations.
13.05.260 Protection from accidental discharge.
A. Each permittee shall provide protection from accidental discharge of prohibited materials or from other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the permittee’s own cost and expense.
B. In the case of an accidental discharge, it is the responsibility of the permittee to immediately notify both the Director of Public Services of the City of Poway and the City Manager of the City of San Diego Program Administrators of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Within five days following an accidental discharge, the permittee shall submit to the Director of Public Services Program Administrators a detailed written report describing the cause of the discharge and the measures to be taken by the permittee to prevent similar future occurrences. Such notification shall not relieve the permittee of any expense, loss, damages, or other liability which may be incurred as a result of damage to the wastewater public sewer systems, fish kills, or any other damage to persons or property; nor shall such notification relieve the permittee of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. A notice shall be permanently posted on the permittee’s bulletin board or other prominent place advising employees who to call in the event of an accidental discharge. Permittees shall ensure that all employees who may cause, allow, or observe such an accidental discharge to occur are advised of the emergency notification procedures.
13.05.270 Prohibited discharges. In most cases, the concentration or amount of any particular constituent which will be judged to be excessive or unreasonable cannot be foreseen but will depend on the results of technical determinations and the actions of regulatory agencies.
The list of constituents which may be regulated provides specific limits only where they are not reasonably well established. The other constituents in the list are presented with the objective of enumerating the types of wastes which will be regulated from time to time. No person shall 15 of 19
October 20, 2026, Item #7
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discharge or cause to be discharged to a public sewer, which directly or indirectly connects to the City’s wastewater system, the following any constituents prohibited by City of San Diego or listed in the following items:
A. Any gasoline, benzene, naphtha, solvent, fuel oil, or any liquid, solid or gas that would cause or tend to cause flammable or explosive conditions to result in the wastewater public sewer system;
B. Any matter containing toxic or poisonous solids, liquids, or gases in such quantities that, alone or in combination with other substances, may create a health hazard for humans, animals, or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the wastewater public sewer system;
C. Any matter having a pH lower than 5.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment, or other physical facilities of the wastewater public sewer system;
D. Any solids or viscous substances or other matter of such quality, size, or quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, wood, whole blood, manure, bones, hair and fleshings, entrails, fatty acids, grease and oil, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground;
E. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds, or lawn sprays, or any other uncontaminated water;
F. Any matter having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius) or at a temperature which causes the influent to the waste treatment plant to exceed 104 degrees Fahrenheit (26 degrees Celsius);
G. Any matter containing more than 500 250 mg/l of oil or grease;
H. Any strongly odorous matter or matter tending to create odors;
I. Any matter containing over 1.0 mg/l of dissolved sulfides;
J. Any matter with a pH high enough to cause alkaline incrustations on sewer walls;
K. Any matter promoting or causing the promotion of toxic gases;
L. Any matter requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes;
M. Any excessive amounts of deionized water, steam condensate, distilled water, or single-pass cooling water;
N. Any radioactive matter, except:
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Ordinance No.
1. When the person is authorized to use radioactive materials by the State California Department of Public Health or other governmental agency empowered to regulate the use of radioactive materials, and
2. When the
matter is discharged in strict
conformity with current California Radiation Control
Regulations (California Administrative Code of Regulations, Title 17), and the Nuclear Regulatory Commission regulations and recommendations for safe disposal, and
3. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies;
O. Any matter producing excessive discoloration of the wastewater treatment plant effluent; P. Any toxic materials including, but not limited to,
all heavy metals, cyanide, phenols, chlorinated
hydrocarbon
s, and other organic compounds unless limited to that concentration which complies with all local, State, and Federal discharge limitations, and which does not interfere with the operation of the wastewater facilities.
13.05.280 Limitations on the use of garbage grinders. Matter from garbage grinders shall not be discharged into a public sewer except matter generated in preparation of food normally consumed on the premises, or where the permittee has obtained a permit for that specific use from the Director of Public Services Program Administrators, and agrees to undertake whatever self-monitoring is required to enable the Director of Public Services Program Administrators to equitably determine the sewer service charges based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse.
13.05.300 Limitations on point of discharge. No person shall discharge any substances directly into a manhole or other opening in a public sewer other than through an approved sewer connection unless upon written application and payment of the applicable charges and fees and the Director of Public Services Program Administrators approves the issuance of a permit for such direct discharges.
13.05.310 Availability of the City’s wastewater facilities. If wastewater facilities capacity is not available, the Director of Public Services Program Administrators may require the industrial waste discharger to restrict his discharge until sufficient capacity can be made available.
When requested, the Director of Public Services Program Administrators will advise persons desiring to locate new facilities as to the areas where industrial wastewater of their proposed quantity and quality can be received by available wastewater facilities. The Director of Public Services Program Administrators may refuse service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable in the available treatment facility.
13.05.320 Discrepancies between actual and reported industrial wastewater discharge user permit quantities. Should measurements or other investigations reveal that the permittee is discharging a flow rate or a quantity of flow, chemical oxygen demand, or suspended solids significantly in excess of that stated on the permit or in excess of the quantities reported to the Director of Public Services Program Administrators by the permittee and upon which the sewer service charge is based, the permittee shall apply for an amended permit and shall be 17 of 19
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assessed for all delinquent charges together with penalty and interest. Before these charges shall be assessed at least two additional 24-hour samples and flow measure ments shall be obtained
by the Director of Public Services Program Administrators with all costs of sampling and analyses to be paid by the permittee.
For the purpose of establishing the correct sewer service charge, the data obtained in these samplings along with any other relevant information obtained by the Director of Public Services Program Administrators or presented by the permittee shall be used by the Director of Public Services Program Administrators in determini ng the quantity parameters for use in determining the sewer service charge. A permittee who violates this section shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the preceding three years or since the Director of Public Services Program Administrators’ previous verification of quantity parameters, whichever period is shorter.
13.05.330 Records retention. All permittees subject to this chapter shall retain and preserve for not less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof relating to monitoring, sampling, and chemical analyses made by or on behalf of a permittee in connection with its discharge. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities brought by the City Program Administrators shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
13.05.340 Validity. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remaining portions of the chapter and the application of such provisions to other persons or circumstances are to be considered valid.
SECTION 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall t
ake effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
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October 20, 2026, Item #7
Ordinance No.
INTRODUCED AND FIRST READ at a Regular meeting of the City Council of the City of Poway, California, held the 20th day of October, 2026, and thereafter.
PASSED AND ADOPTED at a Regular m
eeting of said City Council held the 17th day of
November, 2026, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
____________________________________
Carrie Gallagher, CMC, City Clerk
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October 20, 2026, Item #7
AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
October 20, 2026
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q
Darian Demerjian, Senior Management Analyst
(858) 668-4636 or [email protected]
CITY COUNCIL
SUBJECT: Fiscal Year 2027-2028 Community Development Block Grant Program Summary:
The City of Poway is a participating city in the San Diego Urban County Community Development Block Grant Program (CDBG). Poway annually receives an allocation of CDBG funds from the U.S.
Department of Housing and Urban Development which are administered through the County of San Diego (County).
The estimated CDBG
funding available to Poway for Fiscal Year (FY) 2027-2028 is $237,460.46.
Continued funding of the North County Bridge to Housing Network Shelter System and 2-1-1 San Diego programs is recommended. In addition, funding for Americans with Disability Act (ADA) pathway improvements are recommended at Old Poway Park.
Recommended Action:
It is recommended the City Council take public input, close the public hearing, and:
1) Adopt a Resolution authorizing the submission of three applications for the FY 2027-2028 CDBG program;
2) Authorize the appropriation of $237,460.46 to the CDBG Fund (F2410) from the General Fund (F1000), as a loan, to fund the proposed FY 2027-2028 CDBG program upon approval by the County, consistent with past CDBG grant processes; and
3) Authorize the City Manager to execute all necessary documents with the County.
Discussion:
The projected CDBG funding available to the City for FY 2027-2028 is $237,460.46. Of this, $65,248.46 is available for reallocation due to unspent funds from previous grant years. Staff recommends continuing funding the North County Bridge to Housing Network in the amount of $20,000 and 2-1-1 San Diego in the amount of $32,946. The 2-1-1 funding allocation is recommended to be increased by $16,000. ElderHelp of San Diego, a nonprofit organization that provides assistance to seniors and operates a home share program, has notified the City that it no longer requires CDBG funding for the- . . . 1 of 5
October 20, 2026, Item #8
October 20, 2026, Item #8
HomeShare and Community Connections Program. These service providers have demonstrated a record of effectiveness as further described in this report. In addition, staff proposes funding for ADA public facility improvements at Old Poway Park.
Upon approval by the City Council, City staff will submit FY 2027-2028 CDBG application funding requests to the County for the programs and the ADA project identified in this report. If approved by the County, the Notice to Proceed for each project should be available by September 2027. As a requirement of the grant, the City will allocate and expend funds for the approved projects and programs, which are then submitted to the County for reimbursement. 1 . NORTH COUNTY BRIDGE TO HOUSING NETWORK $20,000.00
The North County Bridge to Housing Shelter Network, a collaborative workgroup within the Alliance for Regional Solutions, administers the program that provides shelter, meals and case management support for the North County unhoused population, including families. Contributions from the City help fund year-round operations and enhanced services with an emphasis on bridging each individual and family out of homelessness and into permanent supportive housing. In FY 2025-2026, the shelter program served 474 unique individuals including men, women and children with 146 shelter beds in five facilities.
Staff is recommending funding a not-to-exceed allocation of $20,000.00 for FY 2027-2028.
2. 2-1-1 SAN DIEGO $32,946.00
To provide a broader scope of services and resources to low-income Poway residents, 2-1-1 San Diego offers a wide array of programs and services. Such services include information and referral services, application assistance and completion for CalFresh, Medi-Cal, Covered California and children's services, as well as streamlined programs for active military and veterans and their family. The program also includes 24/7 access to a live Client Service Representative. Furthermore, the program offers quarterly data reports of Poway callers. The data provided for the period of FY 2025-2026 shows 1,066 unduplicated low-income Poway residents were assisted, which resulted in 3,428 needs being met and 2,263 referrals made.
Staff is recommending funding a not-to-exceed allocation of $32,946.00 for FY 2027-2028.
3. ADA PUBLIC FACILITY IMPROVEMENTS $184,514.46
In FY 2027-2028, funds are recommended to complete ADA pathway improvements at Old Poway Park. The project will add new accessible parking spaces and upgrade pedestrian pathways to improve access to popular gathering areas throughout the park. These improvements will improve safety, accessibility and help ensure the park meets current ADA standards.
Staff is recommending funding a not-to-exceed allocation of $184,514.46 for FY 2027-2028.
Environmental Review:
This action is not a "project" as defined under Section 15378(b)(5) of the California Environmental 2 of 5
October 20, 2026, Item #8
Quality Act (CEQA) State Guidelines; therefore, no environmental review is required. Subsequent National Environmental Protection Act (NEPA) and CEQA environment reviews will be conducted as appropriate from the County of San Diego and the City of Poway for each approved program and project as part of the FY 2027-2028 CDBG grant application process.
Fiscal Impact:
Approval of this item will result in an appropriation of $237,460.46 in the CDBG Fund (F2410) to fund the FY 2027-2028 CDBG Program upon approval of the City's funding applications by the County. The CDBG fund will be intermittently reimbursed by the County for eligible expenditures through the City's allocation of CDBG Funds. The General Fund (F1000) will provide temporary loans to the CDBG Fund, as applicable, in the interim prior to being reimbursed by the County.
Public Notification:
As a condition of CDBG administration, a public hearing must be held to determine the use of the FY 2027-2028 funding . Public notices were published in the Poway News Chieftain on October 8, 2026 and October 15, 2026.
Attachments:
A. Resolution Authorizing the Submission of Applications "-Tracy Stev ns
Assistant City Manager
3 of 5
Reviewed By:
Alan Fenstermacher
City Attorney
-A-~:;_p_;ro_:=:.,,,._d,..B .... y ao:=: !!!;:;~=_.......-.::._/ Chris Hazeltine
City Manager
October 20, 2026, Item #8
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AUTHORIZING THE SUBMISSION OF
APPLICATIONS FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR FISCAL YEAR 2027-2028
WHEREAS, the United States Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) Program, which provides Federal funds to assist community development activities in urban areas; WHEREAS, the County of San Diego (County) applies for and accepts CDBG funds with respect to its unincorporated areas and local governments that participate in the County's CDBG program known as "Urban County";
WHEREAS, the City of Poway (City) is a unit of general local government that participates in the "Urban County" program;
WHEREAS, the City placed two notices in a newspaper of general circulation indicating the Public Hearing; and
WHEREAS, the City understands and agrees that should the CDBG Program be discontinued, the City would be required to reimburse the County's Housing Development Fund for any affected funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: The City Manager or designee is authorized to submit applications for the CDBG Program for Fiscal Year (FY) 2027-2028.
SECTION 2: The City Manager or designee is authorized to appropriate CDBG funding for three projects: North County Bridge to Housing Shelter Network, 2-1-1 San Diego and ADA improvements at Old Poway Park for FY 2027-2028.
SECTION 3: The City Manager is authorized to execute all necessary contracts with the County.
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II
II
II
II
II
II
ATTACHMENT A
October 20, 2026, Item #8
Resolution No. 26-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of October, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 5
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 20, 2026
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Ordinance to Amend Poway Municipal Code to Streamline Electric Vehicle Charging Permit
Like other cities across California, the City of Poway is required by state law to make it easier for residents and businesses to install electric vehicle (EV) charging stations. In 2015, the State Legislature passed Assembly Bill (AB) 1236, which added section 65850.7 to the Government Code. That law reflects a statewide policy of promoting EV use and removing local obstacles to the installation of charging stations, and the Legislature has declared that achieving timely, cost-effective, and consistent permitting of these stations is a matter of statewide concern that applies to every city, including charter cities. The Legislature has amended the law several times since 2015 (including by AB 970 in 2021, SB 1291 in 2022, and SB 1418 in 2024).
Section 65850.7 requires every city to adopt an ordinance creating an expedited, streamlined permitting process for EV charging stations, and to adopt and publish a checklist of the requirements a station must meet to
qualify for that expedited review. Under the law, a city must approve a complete, code-compliant application
administratively, through a building permit or similar
nondiscretionary permit, and may limit its review to whether the installation meets applicable health and safety requirements. A city may require a conditional use permit, or deny an application, where it makes findings, supported by substantial evidence, of a specific, adverse impact on public health or safety that cannot be feasibly mitigated.
The proposed
Ordinance (Attachment A) adds Chapter 17.57 (Electric Vehicle Charging Stations) to Title 17 (Zoning) of the Poway Municipal Code (PMC), consistent with Government Code section 65850.7.
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the November 17, 2026 Regular City Council meeting.
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October 20, 2026, Item #9
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October 20, 2026, Item #9
Discussion:
The City does not own or operate an electric utility; electric service within the City is provided by San Diego Gas & Electric. In developing the proposed Ordinance, the Poway Fire Department was consulted, as section 65850.7 requires.
The proposed Ordinance adds a new Chapter 17.57 to Title 17 of the PMC and carries out the state requirements described above. In summary, the Ordinance:
1. Directs the Building Official to implement an expedited, streamlined permitting process to adopt and publish on the City's website a checklist of the requirements an EV charging station must meet to qualify for expedited review, which may follow the State's "Electric Vehicle Charging Station Permitting Guidebook";
2. Provides that complete applications are approved administratively through a building permit or similar nondiscretionary permit, and confirms that, although the new Chapter is placed in the Zoning title, review and approval is a ministerial process that does not require a discretionary land use entitlement;
3. Allows applicants to submit applications and signatures electronically, provides that an application meeting the checklist is deemed complete and promptly processed, and requires the City to issue a written correction notice identifying any deficiencies in an incomplete application;
4. Permits the City to require a use permit only where the Building Official finds, based on substantial evidence, that the installation could have a specific, adverse impact on public health or safety, and allows denial only on written findings that there is no feasible way to mitigate or avoid that impact, with any conditions imposed designed to mitigate at the lowest possible cost;
5. Requires charging station equipment and installation to meet the California Electrical Code and other applicable safety standards, prohibits conditioning approval on the approval of a homeowners' association, and provides a right of appeal to the City Council.
Adoption of the Ordinance will satisfy the City's obligation under state law, give applicants and staff a clear and predictable process and support the installation of EV charging infrastructure in the City while preserving the City's authority to address public health and safety concerns.
City staff will also develop and post the checklist as required by section 65850.7.
Environmental Review:
The proposed Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA") because it will not cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code Section 21065.) The Ordinance does not authorize or approve any physical development. It establishes the administrative permitting process that Gov. Code section 65850.7 requires, under which the City "shall administratively approve" an application to install an EV charging station "through the issuance of a building permit or similar nondiscretionary permit." (Gov. 3 of 9
October 20, 2026, Item #9
Code § 65850.7(b).) Any physical installation of a charging station remains subject to the City's standard building and safety permit review. Accordingly, the adoption of the Ordinance is not subject to CEQA.
Fiscal Impact:
None.
Public Notification:
A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, October 8, 2026.
Attachments:
A. Ordinance Adding Chapter 17.57 (Electric Vehicle Charging Stations) to Title 17 of the Poway Municipal Code
Tracy Stevens
Assistant City Manager
Reviewed By:
Alan Fenstermacher
City Attorney
Ap~
Chris Hazeltine
City Manager
4 of 9
October 20, 2026, Item #9
ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 17 (ZONING) OF THE
POWAY MUNICIPAL CODE BY ADDING CHAPTER 17.57
(ELECTRIC VEHICLE CHARGING STATIONS) TO ESTABLISH
AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS IN COMPLIANCE
WITH GOVERNMENT CODE SECTION 65850.7
WHEREAS, the City Council of the City of Poway wishes to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations, while protecting the public health and safety and preventing specific, adverse impacts in the installation and use of such charging stations; WHEREAS, pursuant to article XI, section 7 of the California Constitution and Government Code section 37100, the legislative body of a city may pass and enforce ordinances and regulations not in conflict with the Constitution and laws of the State or the United States; WHEREAS, by the passage of Assembly Bill No. 1236 in 2015, the State Legislature added section 65850. 7 to the California Government Code to require every city, county, or city and county to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations, and the Legislature has since amended that section, including by Assembly Bill No. 970 (2021), Senate Bill No. 1291 (2022), and Senate Bill No. 1418 (2024); WHEREAS, Government Code section 65850.7 declares that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of electric vehicle charging stations is a matter of statewide concern applicable to all cities, including charter cities, and directs local agencies to remove obstacles to, and minimize the costs of, permitting for such stations;
WHEREAS, Government Code section 65850.7 requires that, in developing the expedited permitting process, the City act in consultation with the local fire department or district and, if the City operates a utility, the utility director, and that the City adopt a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review;
WHEREAS, the City has consulted with the Poway Fire Department in the development of this ordinance, and the City does not own or operate an electric utility; WHEREAS, pursuant to CEQA and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance;
WHEREAS, the City Council of the City of Poway finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(0)(2) and 15060( c)(3) of the Title 14 of the California Code of Regulations because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project; 5 of 9
October 20, 2026, Item #9
Ordinance No.
WHEREAS, the City Council of the City of Poway determines that this ordinance is a valid exercise of the local police power and in accord with the goals and intent of AB 1236 and the public purposes and provisions of applicable State and local laws and requirements; WHEREAS, this Ordinance was introduced for first reading on October 20, 2026, and thereafter considered for adoption after second reading on November 17, 2026; and WHEREAS, the City Council has read and considered the staff report for the proposed Ordinance and has considered other evidence presented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 17.57 {Electric Vehicle Charging Stations) is hereby added to Title 17 (Zoning) of the Poway Municipal Code to read as follows:
17.57.010 Purpose and Intent
The purpose and intent of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations, while promoting the public health and safety and preventing specific, adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with the requirements of Government Code§ 65850.7, as it may be amended from time to time. To the extent any provision of this Chapter conflicts with Government Code § 65850.7, the statute controls. Notwithstanding its placement within Title 17 (Zoning), review and approval of an electric vehicle charging station under this Chapter is a ministerial, nondiscretionary process, and no discretionary land use entitlement, conditional use permit, or zoning clearance shall be required for an electric vehicle charging station except as expressly authorized by Section 17.57.050 and Government Code § 65850. 7.
17.57.020 Definitions
For purposes of this Chapter, the following words and phrases shall have the meanings provided below. Terms not defined in this Chapter shall have the meanings set forth in Government Code§ 65850.7, as it may be amended from time to time.
Building Official: The Director of Development Services of the City of Poway or his or her designee.
Electric vehicle charging station or charging station: Has the meaning set forth in Government Code§ 65850.7, as it may be amended from time to time.
6 of 9
October 20, 2026, Item #9
Ordinance No.
Electronic submittal: Has the meaning set forth in Government Code § 65850.7, as it may be amended from time to time.
Feasible method to satisfactorily mitigate or avoid the specific, adverse impact: Has the meaning set forth in Government Code § 65850. 7, as it may be amended from time to time.
Specific, adverse impact: Has the meaning set forth in Government Code § 65850. 7, as it may be amended from time to time.
17.57.030 Expedited, Streamlined Permitting Process
A. The Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations consistent with this Chapter and Government Code § 65850.7, and shall adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review.
B. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Electric Vehicle Charging Station Permitting Guidebook" published by the Governor's Office of Business and Economic Development.
C. The City's adopted checklist and required permitting documentation shall be published on the City's website and shall be accessible to the public.
D. The Building Official may adopt administrative standards, forms, and procedures, not inconsistent with this Chapter or Government Code § 65850.7, as necessary to implement the expedited, streamlined permitting process.
17.57.040 Application and Permit Processing
A. Prior to submitting an application, the applicant shall verify that the installation of the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety and building occupants. Verification includes, but is not limited to, inspection of the electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by the charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
B. The Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documents, and shall accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by an applicant.
7 of 9
October 20, 2026, Item #9
Ordinance No.
C. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and shall be promptly processed.
D. Upon confirmation by the Building Official that the permit application and supporting documents are complete, meet the requirements of the City's adopted checklist, and are consistent with all applicable health and safety requirements of local, state, and federal law, the Building Official shall, consistent with Government Code § 65850.7, administratively approve the application and issue all required permits or authorizations through the issuance of a building permit or similar nondiscretionary permit.
E. If the Building Official determines that the permit application is incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
F. An inspection may be required and performed by the Building Official and shall be done in a timely manner. If the electric vehicle charging station fails the initial inspection, a subsequent inspection may be required. A separate inspection may be required and performed by the applicable fire agency or electric utility.
G. Approval of an application under this Chapter does not authorize an applicant to energize or utilize the electric vehicle charging station unless and until approval is granted by the applicable electric utility.
17.57.050 Technical Review; Conditional Use Permit; Denial A. If the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit pursuant to Chapter 17.48 of this Title.
B. The City may not deny an application for a conditional use permit to install an electric vehicle charging station unless it makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The written findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
C. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
8 of 9
October 20, 2026, Item #9
Ordinance No.
D. The Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of the charging station by an association, as that term is defined in Civil Code§ 4080.
17.57.060 Installation and Safety Requirements
A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and, where applicable, the rules of the Public Utilities Commission and the applicable electric utility regarding safety and reliability.
B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 and all other applicable provisions of the California Electrical Code.
C. Every electric vehicle charging station shall comply with all applicable health and safety standards and requirements of local, state, and federal law.
17.57.070 Appeals
Any person who is dissatisfied with a decision of the Building Official made pursuant to this Chapter may appeal that decision to the City Council of the City of Poway. The appeal shall be filed in writing with the City within ten (10) days after the date of the Building Official's decision, and shall be processed in accordance with the City's applicable appeal procedures.
17.57.080 Enforcement
A violation of this Chapter shall constitute a violation of this Code and shall be subject to the enforcement provisions, remedies, and penalties set forth in Chapter 17.54, in addition to any other remedy available at law or in equity.
SECTION 3: The City Council of the City of Poway finds that the adoption of this Ordinance is not a "project" pursuant to the California Environmental Quality Act ("CEQA"), and is otherwise exempt from CEQA, as set forth in the recitals above, and directs the City Manager or designee to prepare and file a Notice of Exemption following adoption of this Ordinance.
SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Poway hereby declares that it would have adopted this Ordinance and each section, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.
9 of 9
October 20, 2026, Item #9
Ordinance
No.
Page
6 SECTION
5: This
Ordinance
shall
be
codified.
EFFECTIVE
DATE:
This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption.
CERTIFICATION/PUBLICATION:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it,
to
be
published
with
the
names
of
the
City
Councilmembers
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a
certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933
.
INTRODUCED
AND
FIRST
READ
at
a
Regular
meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
20th
day
of
October,
2026,
and
thereafter
.
PASSED
AND
ADOPTED
at
a
Regular
meeting
of
said
City
Council
held
the
17th
day
of
November,
2026
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED
:
ABSENT
:
DISQUALIFIED
:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
October 20, 2026
Honorable Mayor and Members of the City Council
Tracy Stevens, Assistant City Manager
Tracy Stevens, Assistant City Manager
[email protected]
Acquisition of 1 Boulder Mountain Road
CITY COUNCIL
The City has negotiated the purchase of 33.6 acres of high value open space (APNs 275-260-28, 275- 470-21, and 275-470-24) located on Boulder Mountain Road, pursuant to the City Council policy to acquire open space parcels with habitat when available, consistent with the Poway Subarea Habitat Conservation Plan.
Recommended Action:
It is recommended the City Council adopt the Resolution authorizing the City Manager to execute the agreement to effectuate the purchase of the Property for $1,185,000.
Discussion:
Per City Council direction, City staff is consistently looking to purchase open space land within the City, particularly if it contains habitat, is in ridgeline areas, or otherwise makes economic sense. The City uses funds obtained from habitat mitigation fees to make these purchases, maintained in the City's Habitat In-Lieu Fee Fund. A key objective of the Poway Subarea Habitat Conservation Plan (PSHCP) is to maintain viable populations of biological resources. The PSHCP establishes criteria for developments to mitigate impacts to biologically sensitive lands. Mitigation can occur through the preservation of similar habitat on or off-site or the payment of an in-lieu fee.
Through the use of the Habitat Mitigation In-Lieu Fee Fund the City can acquire land to meet preservation objectives. The PSHCP provides criteria to assist staff in evaluating appropriate parcels for acquisition using the Proposed Resource Protection Area (PRPA) priority acquisition list. The PRPAs were delineated based on their value to the preserve system and potential risks of loss to development.
The City was approached by an individual (Lyle Arnold) who was under contract to purchase 33.6 acres 1 of 15
October 20, 2026, Item #10
of open space property located on Boulder Mountain Road (the "Property''), offering to effectuate the transfer of the Property to the City. The Property is zoned Rural Residential (RR-A), meaning that it could potentially be developed in the future, although a portion of the property is subject to an existing biological conservation easement. The property contains habitat and is designated by the PSHCP as medium priority for acquisition.
The City commissioned an appraisal, for which the parties shared the cost. The appraisal concluded that the property is worth $1,400,000 in its "as is" condition, based on a value of $41,642 per acre. The parties ultimately agreed to the purchase of the Property for $1,185,000.
Environmental Review:
The proposed Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA) because it will not cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code Section 21065.)
Fiscal Impact:
Acquisition of the parcel and processing fees for the transaction requires an appropriation of $1,125,000 from the Habitat Mitigation In-Lieu unappropriated fund balance (F2520) along with $60,000 from the General Fund unappropriated fund balance (F1000) into a new Project account.
Public Notification:
None.
Attachments:
A. Resolution Authorizing the Purchase of Real Property B. Agreement
C. Boulder Mountain Parcel Map
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
2 of 15
October 20, 2026, Item #10
RESOLUTION
NO
. 26-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
,
CALIFORNIA,
AUTHORIZING
THE
PURCHASE
OF
REAL
PROPERTY
(APNs
275-260-28,
275-470-21,
and
275-470-
24)
IN
ACCORDANCE
WITH
ANY
APPLICABLE
PROVISIONS
OF
THE
POWAY
MUNICIPAL
CODE
AND
STATE
LAW
WHEREAS
, the
City
of
Poway
("City")
desires
to
purchase
vacant
parcels
for
habitat
preservation
and
open
space
pursuant
to
the
goals
and
objectives
of
the
Poway
Subarea
Habitat
Conservation
Plan;
WHEREAS,
the
owner
of
three
vacant
parcels
located
on
Boulder
Maintain
Road,
designated
as
APNs
275-260-28,
275-470-21
, and
275-470-24
("Property"),
has
offered
the
Property
for
sale
to
the
City;
WHEREAS,
the
purchase
of
this
Property
would
result
in
significant
public
benefits
by
preserving
open
space
and
sensitive
habitat;
and
WHEREAS,
the
City's
Habitat
Mitigation
In-Lieu
Fee
Fund
will
be
used
to
purchase
the
Property
in
the
amount of
$1,125,000
with
an
additional
$60,000
from
the
General
Fund
for
a total
purchase
price
of
$1
,185,000;
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:
SECTION
1:
The
foregoing
recitals
are
true
and
correct
, and
incorporated
into
this
Resolution
by
this
reference
, as
if fully
set
forth
herein.
SECTION
2:
The
Property
will
meet
a
City
goal
and
Poway
Subarea
Habitat
Conservation
Plan
objective
of
acquiring
open
space
for
habitat
preservation
.
SECTION
3:
The
City
Manager
is
authorized
to
purchase
the
Property
in
accordance
with
any
applicable
provisions
of
the
Poway
Municipal
Code
and
State
Law,
for
no
more
than
$1,185
,000,
and
take
other
actions
necessary
in
connection
therewith.
II II II II II II II
3 of 15
October 20, 2026, Item #10
ATTACHMENT A
Resolution No. 26-
PASSED, APPROVED AND ADOPTED at a Regular meeting of the City Council of the City of Poway, California on the 20th day of October, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 15
October 20, 2026, Item #10
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October 20, 2026, Item #10
ATTACHMENT B
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6 of 15
October 20, 2026, Item #10
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October 20, 2026, Item #10
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October 20, 2026, Item #10
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October 20, 2026, Item #10
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October 20, 2026, Item #10
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October 20, 2026, Item #10
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October 20, 2026, Item #10
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13 of 15
October 20, 2026, Item #10
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14 of 15
October 20, 2026, Item #10
Lot 1 of Map 11451 recorded as File No. 86-066304 with the County Recorder of the County of San Diego on February 19, 1986.
OPEN SPACE
MIJ451
g
21.40 AC
. 88".3.s'll'*W.
~ @
f? ,.,,.~~~~liq, ·.9_ 73AC.
3 • . . _
@1•
4.46.AC ....
PI.\R.2 1*
~e.o.oa:. PM 164
cf5
17.12AC
M12Jl1
@) 23
20.il AC
2 @!
,e.oe.e.c
!:~ ..
~;.."_
;,c@
~
2.~AC
First Amf;rican
Title 111s unwce Company
File No.: 7135960
Location: San Diego County, CA
Legend
C) PARCEL1
P7.777:l 01/27/1986 #86-33002
~ (Aerial, Underground
Public Utilities)
c::J Tract Map #11451
(Open Space)
8 Thu: map may Of may not bl! an ac:curafllt dHaipt.on or ldenlilc..tion or lhe land and II not Wended no, may be ii relied • upon a1 a SI.IN9y of Iha land deplded herit0n. Thl's map II aol-,Y k1lend9CI lo prvvidt otion~kln •• to lh• 9...,.,-.a klation or Iha parc.ol or pare.I, depicted her.ln. Fin.I American TIU• Comp:u"i, Ill subSldbM1 and ,r~la\eJ , 111pr11U)' dlsdalrn any and•• bbilty 1cc NOT TO SCALE alllouor~wt\lthmayrosullffom,-bncaoruMoflhi1map. 15 of 15
October 20, 2026, Item #10
ATTACHMENT C