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05-21-19 Agenda PacketCITY OF POWAY CITY COUNCIL A GENDA TUESDAY, MAY 21, 2019 REGULAR CITY COUNCIL MEETING -7:00 P.M. COUNCIL CHAMBERS 113325 CIVIC CENTER DRIVE I POWAY, CALIFORNIA 92064 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 The City of Poway welcomes you and encourages your continued interest and involvement in the City's decision-making process. MEETINGS: Regular City Council meetings are held on the first and third Tuesday of the month at 7:00 p.m. PUBLIC MEETING ACCESS : Regular City Council meetings are broadcast live on Cox Communications Channel 24 and Time Warner Channel 19. Council meeting videos are archived and available for viewing on the City's website. AGENDA MATERIALS: This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org or in the City Clerk's office of City Hall, 13325 Civic Center Drive. Sign up at www.poway.org to receive email notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. AMERICAN DISABILITIES ACT TITLE II: In compliance with the Americans with Disabi lities 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: As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers. John Mullin Councilmember Caylin Frank Councilmember Steve Vaus Mayor Dave Grosch Deputy Mayor Barry Leonard Councilmember CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION PUBLIC ORAL COMMUNICATIONS Mullin, Leonard, Frank, Grosch, Vaus NOTE: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. If appropriate, your concerns will be referred to staff. Comments are limited to three (3) minutes. Speakers will have only one opportunity to address the Council under Public Oral Communications. 1. CONSENT CALENDAR (Approved By Roll Call Vote) The Consent Calendar may be enacted in one motion by the Council without discussion unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda 1.2 Ratification of Warrant Registers for the Periods of April 15 through April 19, 2019; and April 22 through April 26, 2019 1.3 Approval of the May 7, 2019 Regular City Council Meeting Minutes 1.4 Award of Contract to SC Commercial, LLC (dba The SoCo Group) for Various Fuels 1.5 Award of Contract to Good-Men Roofing & Construction, Inc., for City Facilities Roofing and HVAC Replacement 2018-19; Bid No. 19-012 1.6 Award of Consultant Agreement to KTUA for As-Needed Landscape Architectural Design Services; RFP 19-012 1. 7 Acceptance of the Community Park Electrical Upgrades Project; Bid No. 19-002, Ace Electric, Inc. 1.8 Resolution Authorizing Certain City Officials to Terminate Covenants and Other Restrictions on Private Property 1.9 Approval of Final Parcel Map for Tentative Parcel Map 17-001; Sorrento West Properties Inc., Applicant (APN 323-092-31) 1.10 Acceptance of the 2018 Manhole Rehabilitation Project; Bid No. 18-023 1.11 Award of Contract to Blue Pacific Engineering & Construction for the Martincoit Road Sewer Upsize Project; Bid No. 19-015 1.12 Approval of Consultant Agreement between the City of Poway and Psomas for Design Services for the Exposed Sewer East of Martincoit Project (CIP SWR0005) Page 2 City Council -Regular Agenda May 21, 2019 1.13 City's Investment Report as of March 31, 2019 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Public Hearing for Newly Formed Landscape Maintenance District No. 19-1, Take Public Testimony and Tabulate Ballots City Manager's Recommendation: It is recommended that the City Council 1) Conduct the Public Hearing on the proposed assessments and consider all objections, whether written or oral, if any; 2) After all members of the public that wish to speak on the Proposed District have had an opportunity to speak, close the Public Hearing, direct the City Clerk to tabulate the Proposition 218 Ballots for Landscape Maintenance District No. 19-1 and trail the consideration of the agenda item; 3) Confirm the ballot results and approval of the final report and levy of assessments for Landscape Maintenance District 19-1, if successful. If unsuccessful, the engineer's report and resolution declaring the intention to levy and collect assessments for 87-1 will occur at the June 18, 2019, City Council meeting; and 4) If the City Clerk cannot complete the tabulation of the ballots by the time the City Council completes the remainder of the agenda, continue the agenda item to the June 4, 2019, City Council meeting to confirm the ballot results and approval of final report and levy of assessments for Landscape Maintenance District 19-1, if successful. If unsuccessful, confirm ballot results at the June 4, 2019, City Council meeting. In such an event, the engineer's report and resolution declaring the intention to levy and collect assessments for 87- 1 will occur at the June 18, 2019, City Council meeting. 3.2 Minor Development Review Application 19-005 and Variance 18-005; A Request to Allow an Addition and New Garage at a Residence at 12217 Boulder View Drive to Observe a 22.5-Foot Front Yard Setback when a 40-Foot Setback is Required City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a resolution approving Minor Development Review Application 19-005 and Variance 18-005. 4. STAFF REPORT 4.1 SAN DAG Proposed Modifications to the Expenditure Plan of the TransNet Extension Ordinance City Manager's Recommendation: It is recommended that the City Council provide direction to staff. 5. WORKSHOP None. 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS COUNCILMEMBER COMMITTEE REPORTS-Pursuant to AB1234 -(G.C. 53232(d)) JOHN MULLIN BARRY LEONARD CAYLIN FRANK DAVE GROSCH Page 3 City Council -Regular Agenda May 21, 2019 STEVE VAUS 6 .1 Request Council Concurrence of Committee Appointment to the Budget Review Committee per Government Code 54974(a) 7. CITY MANAGER ITEMS 8 . CITY ATTORNEY ITEMS 8.1 Conference with Legal Counsel -Anticipated Litigation Government Code§ 54956.9(d)(2) -two (2) cases ADJOURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Faviola Medina, CMG, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on May 14, 2019 at 4:30 p .m. Said meeting to be held at 7:00 p.m., May 21, 2019, in the Poway City Council C , m ers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Bo r. at th entrance to City Hall. Page4 City Council -Regular Agenda May 21 , 2019 Item 1.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. May 21, 2019, Item # 1.2 DATE: TO: FROM: CONTACT: City of Poway COUNCIL AGENDA REPORT May21,2019 Honorable Mayor and Members of the City Council Donna Goldsmith, Director of Finance Donna Goldsmith, Director of Finance (858) 668-4411 or dgoldsmith@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. SUBJECT: Ratification of Warrant Registers for the Periods of April 15 through April 19, 2019; and April 22 through April 26, 2019 Summary: The attached warrant register reports for the periods of April 15 through April 19, 2019; and April 22 through April 26, 2019 are submitted to the City Council for ratification/approval. Recommended Action: It is recommended that the City Council ratify/approve the attached warrant registers. Discussion: Weekly registers of audited demands are periodically submitted to the City Council by the Finance Director for ratification/approval. Date April 15 through April 19, 2019 Amount $437,252.30 Warrants for amounts in excess of $100,000 for this period include: Warrant None. Check Number Amount Date April 22 through April 26, 2019 Amount $1,992,710.73 Warrants for amounts in excess of $100,000 for this period include: Warrant April 2019 Medical Insurance March 2019 Water Purchases Payroll 3-29-19, Retirement Payroll 4-26-19 1 of 25 Check Number 404431 404491 905089 905090 Amount $214,419.04 $ 684,935.51 $ 125,034.71 $ 535,426.03 May 21, 2019, Item # 1.2 Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The total amount of warrants for the period of April 15 through April 19, 2019 is $437,252.30 . The total amount of warrants for the period of April 22 through April 26, 2019 is $1 ,992,710.73 . Public Notification: None. Attachments: A. Warrant Register for the period of April 15 through April 19, 2019 B. Warrant Register for the period of April 22 through April 26, 2019 Reviewed/Approved By: i1;/44 l--- Wendy iliiserman Assistant City Manager 2 of 25 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 21, 2019, Item # 1.2The City of Poway Director of Finance Submits the Following Register of Demands Run Date: 02-May-19 for the period 4/15/2019 -4/19/2019 and Recommends its Ratification/Approval: w 0 Check Check Payee/ -"' Number Date Vendor# PayeeNendor Name Invoice Number en Description Org Object Project Check Amount 404304 18-Apr-19 506 AO REED&CO 305187 Train Barn: water heater 415010 41200 $2,027.86 305216 Treatment plant: emergency eyewash 415010 41200 $2,438.00 305233 Install water line 402060 41200 $3,842.00 93904 Heating and AC Maintenance 204020 43020 $2,674.67 93600 Heating and AC Maintenance 415010 43020 $400.00 93907 Train Depot: duct cleaning 415010 43020 $244.00 306171 Council Chambers -exhaust fan 11 415010 43020 $182.00 Total for Check 404304: $11,808.53 404296 18-Apr-19 999997 ADAMS, DIANNE 11009500-03 Refund: Overpayment #11009500-03 F5100 81020 $3,195.94 404382 18-Apr-19 1966 AFECO INC 1790 Turnout Repair 501050 47600 $2,094.50 404305 18-Apr-19 5 AGRI SERVICE 89951 Mulch 414040 47700 $851.50 404306 18-Apr-19 6 AGRICULTURAL PEST CONTROL 486934 Facilities Pest Control 415010 41200 $570.36 )> 404307 18-Apr-19 196 AIRGAS WEST 9961133711 SCBA Cylinder Rental 402060 47500 $113.60 -i -i $41.54 )> 9961103071 Medical Oxygen 501050 47600 0 503050 47500 $1,537.35 :::c 9961103071 Medical Oxygen s: 9961103070 Medical Oxygen 503050 47500 $380.15 m z 9961103072 Tower Smoke 501050 47900 $27.72 -i )> Total for Check 404307: $2,100.36 404308 18-Apr-19 683 ALLSTAR FRESH WATER SYSTEMS, INC. 302210 Monthly drinking water system CMO office 415010 41200 $95.36 404283 18-Apr-19 999996 AL-NASSER, JOAN PW18000929 Refund for Service 3/14/18 503050 77550 $888.00 404309 18-Apr-19 10 AMERICAN BACKFLOW SPECIAL TIES INC INV48398 Backflow Tester Replacement 402560 61999 $3,216.10 404310 18-Apr-19 953 AMERICAN MESSAGING L1073904TD Pagers 501050 41050 $370.26 404312 18-Apr-19 21 ARAMARK REFRESHMENT SERVICES 1582407 Refreshment services 400060 47600 $725.67 1588983 PCPA Monthly Cappuccino Lease 204020 49360 $55.65 Total for Check 404312: $781.32 404313 18-Apr-19 463 ARC-SAN DIEGO 41956 Grounds Maintenance and Landscape 412040 41200 $3,047.51 42054 Grounds Maintenance and Landscape 412040 41200 $3,047.51 Total for Check 404313: $6,095.02 .. 404314 18-Apr-19 441 ARRO-LAST TARGET SYSTEMS 2/28/19 Archery Targets 202020 48999 $3,300.00 404315 18-Apr-19 835 AT&T 12802407 BAN 9391026534 02/24/19 -03/23/19 414040 22000 $20.72 12802423 BAN 9391026570 02/24/19 -03/23/19 414040 22000 $20.72 May 21, 2019, Item # 1.2Register of Demands: Page: 2 of 12 Warrants from 4/15/2019 -4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .;,. 404315 18-Apr-19 835 AT&T 12802584 BAN 9391031630 02/24/19-03/23/19 423040 22000 $20.72 0 12853008 BAN 9391063090 3/3/19-4/2/19 410060 33010 $77.94 -'-> en 12802409 BAN 9391026555 2/24/19-3/23/19 205020 33010 $58.87 12802424 BAN 9391026571 2/24/19-3/23/19 202020 33010 $20.72 12872726 Station 1 Alarm phone line 501050 33010 $77.94 12802418 9391026564 Meadowbrook 2/24-3/23/2019 201020 33010 $58.87 12802415 9391026561 Comm Park 2/24-3/23/2019 208020 33010 $59.40 12853007 9391063084 Senior Center 3/03-04/02/2019 208020 22000 $58.87 12802586 BAN 9391031631 02/24/19-03/23/19 421040 22000 $19.07 12802421 BAN 9391026568 02/24/19 -03/23/19 426040 22000 $20.72 12802421 BAN 9391026568 02/24/19 -03/23/19 414040 22000 $20.72 12874286 BAN 9391064044 03/10-04/09/2019 204020 33010 $21.25 12802880 BAN 9391051949-City Hall Net-2/24/19-114010 22000 $690.51 3/23/19 12802420 BAN 9391026567 -Group Bill-2/24/19-3/23/19 114010 33010 $733.28 12872718 BAN 9391026541 03/10/19 -04/09/19 430050 23010 $20.72 12872722 BAN 9391026547 03/10/19 -04/09/19 400060 33010 $39.80 12872717 BAN 9391026540 03/10/19-04/09/19 413010 33010 $20.72 Total for Check 404315: $2,061.56 404398 18-Apr-19 2004 ATLAS AMERICAN, LLC VSP-001447-IN Toilet paper dispenser -six to be replaced 414040 47600 $817.50 404396 18-Apr-19 2009 AUTO TRUCK KARGO EQUIPMENT, LLC 6686 Red Fleet 504050 43120 $937.03 404316 18-Apr-19 38 BARRETT ENGINEERED PUMPS 113044 Sect. Basin, W. Bridge Sludge Pump Cover 402060 47600 $188.24 Plate 404317 18-Apr-19 2011 BENNETT-BOWEN & LIGHTHOUSE, INC 1480665 Mini lightbar 413010 47900 $315.29 404318 18-Apr-19 836 BEST BEST & KRIEGER LLP 846161 Advice Proposition 218 80001004 P1000 $6,073.64 404319 18-Apr-19 700 BLUE PACIFIC ENGINEERING & 2190139-RET FY 17/18 ADA Barrier Removal 80002412 P2410 $3,328.75 CONSTRUCTION 404320 18-Apr-19 408 BOOT WORLD INC 12341 Boot allowance: Thomas White 402060 49280 $199.73 404321 18-Apr-19 893 CALIFORNIA BUILDING STANDARDS Jan to March 2019 Jan to March 2019 BSASRF/CALSB 303030 77340 $432.90 COMMISSION 404322 18-Apr-19 48 CALIFORNIA TEAMSTERS LOCAL 911 DUES APRIL 2019 Teamster's dues for April 2019 F1000 86110 $1,979.00 404323 18-Apr-19 532 CANNON PACIFIC SERVICES, INC 149594 Bus Stop Maintenance 80002434 P2430 $1,331.80 149596 Street Sweeping 411040 43320 $19,568.70 149604 Street Sweeping 411040 43320 $105.84 149652 Street Sweeping 411040 43320 $120.00 Total for Check 404323: $21,126.34 May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/15/2019 -4/19/2019 Check Number o, 404324 0 -"' 0, 404325 404326 404327 404328 404329 404330 404297 404331 404332 404333 404335 905088 404292 . , 404336 404284 905087 404337 404338 Payee/ Check Date Vendor# PayeeNendor Name 18-Apr-19 1852 CED -SAN DIEGO 18-Apr-19 861 18-Apr-19 558 18-Apr-19 1479 CHAULK MOUND TROUT RANCH CHRISTOPHIADES, ARTHUR CIRO'S LANDSCAPING INC. 18-Apr-19 846 CITY ELECTRIC SUPPLY 18-Apr-19 899 CONTROLLED ENVIRONMENTS LLC 18-Apr-19 94 COX COMMUNICATIONS 18-Apr-19 999997 CRANDALL, KELLY 18-Apr-19 1560 18-Apr-19 108 18-Apr-19 1226 18-Apr-19 1780 CREST BEVERAGE, LLC CULLIGAN WATER CONDITIONING D&H WATER SYSTEMS INC. DEPARTMENT OF CONSERVATION 15-Apr-19 942 DEPT. OF CHILD SUPPORT SERVICES 18-Apr-19 999995 DULANEY, KIKI -~•.,•••~•••~•~•a~~••~~ ~ •-18-Apr-19 949 DUNN EDWARDS PAINTS 18-Apr-19 999996 DURON, EMILIO 15-Apr-19 97 EMPLOYMENT DEVELOPMENT DEPARTMENT 18-Apr-19 440 ESCONDIDO METAL SUPPLY 18-Apr-19 465 EVOQUA WATER TECHNOLOGIES LLC Invoice Number 7148-558180 7148-558168 201904-003 2000.300-05.19B 12359 12359 12359 12359 12359 12359 POW/017082 1115 41212502-4/19 36602500-04 982291 1128132 1128599 12019-0426 Jan-Mar 2019 Jan-Mar 2019 CLO WH PE2019-08 2013395.001 5291381 PW18003267 CAL WH PE2019-08 702779 903956577 Description Fire Station #3 bulbs Fire Station #3: lighting fixture 1,000 lbs trout Instructor Payment Winter 2018-19 Landscape Maintenance, March 2019 Landscape Maintenance, March 2019 Landscape Maintenance, March 2019 Landscape Maintenance, March 2019 Landscape Maintenance, March 2019 Landscape Maintenance, March 2019 PS-9 Electrical Terminal Lugs Dam Herbicide Application City Hall Internet Connection: Apr 2019 Closing Bal Refund: Overpay #36602500-04 PCPA Concession/Bar Supplies Salt for Softener Softener Service for NH3 System Chemical Feed, Chlorinator Repair Parts Jan to March 2019 SMI & Seismic Hazard Mapping Fee Jan to March 2019 SMI & Seismic Hazard Mapping Fee Payroll Garnishment Permit 20798 Refund Paint for Valve Lids Refund for Service 9/17/18 CAL W/H EFT PE#2019-08 10 x 10 x 1/2 base plate Chemical Dosing, Chlorinator Repair Parts Org 415010 415010 202020 208020 204020 206020 402060 414040 501050 504050 402060 402060 114010 F5100 204020 402060 402060 402060 303030 F1000 F1000 205020 402560 503050 F1000 411040 402060 Page: 3 of 12 Object 47600 47600 Project Total for Check 404324: 45110 41300 41600 41600 41600 41600 41600 41600 Total for Check 404327: 47600 41200 22000 81020 47900 Total for Check 404331: 45200 41200 Total for Check 404332: 47600 77340 86990 Total for Check 404335: 86150 74710 47600 77550 86170 47600 47600 Check Amount $303.51 $657.53 $961.04 $4,870.00 $1,152.00 $298.32 $447.52 $343.89 $1,566.27 $1,366.68 $298.32 $4,321.00 $66.34 $3,375.00 $1,298.50 $346.31 $439.25 $439.25 $422.38 $280.00 $702.38 $150.92 $2,081.42 ($104.07) $1,977.35 $2,079.67 $200.00 $55.24 $100.00 $25,271.34 $13.74 $301.30 May 21, 2019, Item # 1.2Register of Demands: Page: 5 of 12 Warrants from 4/15/2019 -4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..., 404349 18-Apr-19 142 HEAVILAND ENTERPRISES INC 24394-E Pump Stations & Reservoirs, 03/19 402060 41600 $1,782.55 0 404287 18-Apr-19 999993 HERITAGE CUSTOM ESTATES RW#18-0338 Security Release for ROW Permit #18-0338 390030 59800 $500.00 -~ (JI 404350 18-Apr-19 521 HILL BROTHERS CHEMICAL CO. 0705050528 Aqua Ammonia (03/28/19, 30960 lbs) 402060 45200 $2,852.23 404351 18-Apr-19 152 HOME DEPOT COMMERCIAL ACCOUNT 3223744 Vehicle, OM Truck, Wrench & Pliers 402560 45600 $56.69 7223590 Tarps to Cover Materials, 2, Crosthwaite Yard 402560 47600 $179.74 2211068 WTP supplies 402060 47600 $89.27 9223822 Work Order 189436: repair supplies 415010 47600 $94.10 9223826 Work Order 221573: repair supplies 415010 47600 $5.66 4211016 Work order 217039: repair supplies 415010 47600 $16.11 4223739 Work order 217147: repair supplies 415010 47600 $34.71 7211047 Work order 221146: repair supplies 415010 47600 $59.36 6211052 Work order 189436: repair supplies 415010 47600 $12.65 6211051 Work order 221249: repair supplies 415010 47600 $45.80 5223783 Work order 221249: repair supplies 415010 47600 $20.84 5211057 Work order 218691: repair supplies 415010 47600 $33.19 1223801 Work order 189436: repair supplies 415010 47600 $52.69 2223792 Work order 221431: repair supplies 415010 47600 $44.25 3223745 Work order 217281: repair supplies 415010 47600 $87.27 0211087 Work order 221508: repair supplies 415010 47600 $31.16 5223655 Electrical supplies 415010 47600 $26.18 1223794 Cement forming supplies 411040 45600 $69.35 0223820 Rubber hose 411040 45600 $32.29 0211083 R-8 Rehab, Parts for Shutdown/Tie-In 402060 47600 $91.28 0211080 Air Compressor, Lake, Signal for SCADA 402060 47600 $42.96 3223849 Vehicle, Unit 25, Maint. Supplies 403570 47600 $92.74 5223837 Unit 25, Maint. Supplies 403570 47600 $128.51 4211118 Parts for sodium hypochlorite at Gregg St 402060 61999 $25.76 3223845 Pest Control, Lift Stations, 6 Quarts 403070 47600 $104.06 6211049 Cell Phone Mounts 112010 47100 $64.59 Total for Check 404351: $1,541.21 404311 18-Apr-19 563 HOWROYD-WRIGHT EMPLOYMENT 01-5193673 Vernon -Admin Ill 400060 15010 $1,537.36 AGENCY, INC 404293 18-Apr-19 999995 HUERTA, VIANA 2013424.001 Deposit Refund Permit #21499 205020 74710 $200.00 404289 18-Apr-19 999998 KAMANTIGUE, GEOFFREY Kamantigue-03/19 Paramedic License Renewal 503050 31040 $200.00 May 21, 2019, Item # 1.2Register of Demands: Page: 4 of 12 Warrants from 4/15/2019 -4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Obj~ct Project Check Amount h,h,, 0) 404339 18-Apr-19 350 EWING IRRIGATION 7072705 Digging Trench Shovel 112010 45600 $22.96 0 404340 18-Apr-19 102 FEDEX 6-519-24 708 Mail Agreement 110010 33020 $11.58 -N ,=-v ~-v wv< vw v~,, en 404341 18-Apr-19 116 FERGUSON WATERWORKS 7328845 Plumbing supplies 415010 47600 $108.64 0668719 Clow Hydrant Repair Parts 402560 47600 $1,021.47 "" ___ ._ ___ ,,~v•~• 0670009 Royal estates vault 402560 61180 $898.95 0670121 Royal Estates Vault 402560 61180 $394.17 CM054180 Royal Estates, Credit, Inv. 0668128 402560 61180 ($185.28) Total for Check 404341: $2,237.95 404342 18-Apr-19 1380 FLYERS ENERGY LLC CFS-1879485 Safety Services Fuel 03/17/19-03/30/19 413010 31020 $632.95 404343 18-Apr-19 1706 FRANCHISE TAX BOARD PPE 4/7/19 -1 Payroll Garnishment F1000 86150 $100.00 ----·-"'""''"''"'"'"'" 404344 18-Apr-19 1706 FRANCHISE TAX BOARD P PE 4/7/19-2 Payroll Garnishment F1000 86150 $755.77 ••••••••••••••MoVM<',M < 404285 18-Apr-19 999996 GILBERT, LORRAINE PW17000287 Refund for Service 1 /22/17 503050 77550 $94.39 "'"'"=,v-vw,•=•• 404286 18-Apr-19 999996 GONZALES, JERRY PW18003760 Refund for Service 10/28/18 503050 77550 $102.95 hh-' 404345 18-Apr-19 120 GRAINGER INC 9124286528 Chemical Feed, T-Line Strainer FNPT 402060 47600 $35.61 9122899405 Light cover 415010 47600 $95.22 9122986061 Portable circulating pump 415010 47600 $358.69 9126337055 Gasket materials for pumps 402060 47600 $341.27 9131079791 Thermostat for Heaters 402060 47600 $83.80 9134599928 WTP Piping, PVC Fittings 402060 47600 $55.22 9136747624 Unit 25 Hose Reel 403570 45600 $217.04 9142921650 (6) pipes F5200 81350 $190.65 Total for Check 404345: $1,377.50 404298 18-Apr-19 999997 HAKAK, ELAHEH 20714275-40 Closing Bal Refund: Deposit #20714275-40 F5100 86620 $1,090.00 20714275-40 Closing Bal Refund: Deposit #20714275-40 F5100 81020 ($366.58) Total for Check 404298: $723.42 404346 18-Apr-19 483 HANSON AGGREGATES PACIFIC 1991723 3.52 tons of asphalt 411040 45900 $213.99 SOUTHWEST, INC 404347 18-Apr-19 480 HARPER & ASSOCIATES ENGINEERING ENG-6515 Washwater Tank Upgrades -Engineering 80005106 P5100 $540.00 INC Services • •v-,v-~~-•-•~•mss ENG-6514 Washwater 1 Tank -Coating and Cathodic 80005106 P5100 $12,031.00 Inspection ENG-6524 Design Services -Buehler Rese 80005106 P5100 $600.00 Total for Check 404347: $13,171.00 404348 18-Apr-19 123 HARRINGTON INDUSTRIAL PLASTICS INC 004J4682 WTP Piping, PVC Pipes 402060 47600 $75.22 May 21, 2019, Item # 1.2Register of Demands: Page: 6 of 12 Warrants from 4/15/2019-4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 00 404352 18-Apr-19 421 KEYSER MARSTON ASSOCIATES INC 0033335 Villa De Vida Pro Forma Analysis -March 2019 80002903 P2900 $4,773.75 0 404295 18-Apr-19 999999 KFMB-AM 760 Perf Facility Charges deducted from Ticket 74710 $18,845.00 -1273 204020 "' Sales (J'I Perf Facility Charges deducted from Ticket 1273 Sales 204020 76230 ($112.50) 1273 Perf Facility Charges deducted from Ticket 204020 76320 ($3,370.00) Sales 1273 Perf Facility Charges deducted from Ticket 204020 76230 ($576.25) Sales 1273 Perf Facility Charges deducted from Ticket 204020 74760 ($4,582.00) Sales 1273 Perf Facility Charges deducted from Ticket 204020 74710 ($1,440.00) Sales 1273 Perf Facility Charges deducted from Ticket 204020 76230 ($396.50) Sales Total for Check 404295: $8,367.75 404353 18-Apr-19 502 KIMLEY-HORN AND ASSOCIATES, INC 13245942 FY19 Traffic Engineering Services 430050 17150 $655.35 404354 18-Apr-19 757 KOi CITY 017-1895 Maintenance Service March 2019 414040 41200 $300.00 019-174 Chlorine 414040 41200 $15.07 Total for Check 404354: $315.07 404355 18-Apr-19 391 LIFE-ASSIST, INC. 911396 Medical Supplies 503050 47400 $233.86 404356 18-Apr-19 910 LOWE'S 14660 Unit 71 Electrodes 401060 45600 $64.43 915836 Piping, Lateral Repair Parts 403570 47600 $50.31 Total for Check 404356: $114.74 404357 18-Apr-19 1494 MAEL, JENNIFER 00432 Inv. 00432 Parkway Summit AmendmentWA18 305030 41220 $1,200.00 -005 404288 18-Apr-19 999998 MARGIS, ALLIE AllieCPRSReimb-03/19 Staff Travel for CPRS Conference 200020 14010 $674.52 404299 18-Apr-19 999997 MARTIN, SCOTT P 49244800-35 (2) Closing Bal Refund: Overpay #49244800-35 F5100 81020 $58.53 404300 18-Apr-19 999997 MEGA ENGINEERING CO 49007200-16 Closing Bal Refund: Deposit #49907200-16 F5100 86620 $1,200.00 49007200-16 Closing Bal Refund: Deposit #49907200-16 F5100 81020 ($456.46) Total for Check 404300: $743.54 404301 18-Apr-19 999997 MILLER, COLE 43508600-09 Closing Bal Refund: Overpay #43508600-09 F5100 81020 $28.52 404358 18-Apr-19 448 MK SIGNS AND BANNERS 12848 Old Fashioned 4th Advertising 205020 49320 $64.65 404359 18-Apr-19 720 MMASC 13703287 Annual Membership Dues: Castanares 110010 49240 $85.00 404302 18-Apr-19 999997 MODULAR SPACE 15207500-01 Closing Bal Refund: Overpay #15207500-01 F5100 81020 $20.72 404360 18-Apr-19 175 NAPA AUTO PARTS/POWAY 369619 Red Fleet 413010 47900 $17.19 369633 Supplies for Unit #53 412040 47600 $38.78 Total for Check 404360: $55.97 May 21, 2019, Item # 1.2Register of Demands: Page: 7 of 12 Warrants from 4/15/2019 -4/19/2019 Check Check Payee/ Org Object Project Check Amount Number Date Vendor# PayeeNendor Name Invoice Number Description co 404362 18-Apr-19 181 NEW PIG CORPORATION 4849210-00 (6) oil absorbent booms F1000 81350 $654.93 0 404363 18-Apr-19 84 OFFICE DEPOT BUSINESS SERVICES 295182804-001 Office Supplies 401060 47100 $104.73 -"' DIVISION Office Supplies 402560 47100 $194.75 en 295182804-001 295425010-001 Office Supplies 112010 47100 $35.96 295425010-001 Office Supplies 111010 47100 $104.97 295425010-001 Office Supplies 113010 47100 $15.19 295425010-001 Office Supplies 114010 47100 $76.07 278148254-001 OPP Return Office Supplies 205020 47100 ($19.69) 297957155-001 OPP Office & Janitorial Supplies 205020 47100 $249.36 297957155-001 OPP Office & Janitorial Supplies 205020 47200 $53.42 301367995-001 Office Supplies 403570 47100 $16.46 301367995-001 Office Supplies 402060 47100 $110.65 301367995-001 Office Supplies 400060 47100 $6.49 298019685-001 PCPA Office Supplies 204020 47100 $71.49 Total for Check 404363: $1,019.85 404303 18-Apr-19 999997 OLEARY, JANET 34004100-08 Closing Bal Refund: Overpay #34004100-08 F5100 81020 $202.67 404364 18-Apr-19 233 ONESOURCE DISTRIBUTORS S6096182.001 Skyridge Reservoir Antenna Batteries 113010 48210 $1,042.51 404294 18-Apr-19 999995 PARIKH, SUMANT 2013392.001 Permit 21502 Deposit Refund 208020 74710 $200.00 404365 18-Apr-19 194 PARKHOUSE TIRE INC 3010293633 UNIT#904 413010 47900 $215.27 404366 18-Apr-19 220 PETTY CASH GENERAL 4-15-19 (DSD) Reimburse General Petty Cash 4-15-19 301030 31010 $42.92 4-15-19 (CSD) Reimburse General Petty Cash 4-15-19 200020 31010 $51.51 Total for Check 404366: $94.43 404290 18-Apr-19 999998 POLITZER, DAN Politzer-04/12/19 Paramedic License Renewal 503050 31040 $200.00 404367 18-Apr-19 247 POSTMASTER 43644-A Summer Community Services Guide Postage 200020 33020 $3,066.17 404368 18-Apr-19 25 POWAY CENTER FOR THE PERFORMING 04082019 Poway OnStage ticket sales transfer -PCPA F1000 86330 $3,881.00 ARTS FOUNDATION 404369 18-Apr-19 265 POWAY FIREFIGHTERS ASSOCIATION DUES PPE 4/7/19 Fire Association dues for PPE 4/7/19 F1000 86100 $2,316.00 404370 18-Apr-19 274 POWAY SENIOR CENTER 1011 Dishwasher Lease Reimbursement 03/13-208020 41200 $145.35 04/09/2019 .. 404371 18-Apr-19 1058 R & B PINTO PROPERTIES LLC LKCONC04/01-04/07 Lake Wkly Cone (04/01-04/07/19) F1000 86360 $4,269.42 404372 18-Apr-19 1669 RELIANT AQUARIUM DESIGN INC. 19277 Aquarium Maintenance 206020 43040 $65.00 404373 18-Apr-19 210 REX TROPHIES 5993 Blue Sky Name Badges 207020 49280 $9.16 5935 Nameplate for C. Frank's pie in Sheriff Station 504050 49040 $10.78 May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/15/2019 -4/19/2019 Page: 8 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .... 404373 18-Apr-19 210 REX TROPHIES 0 5999 Nameplate for C. Frank pie in Sheriff Station 504050 49040 $10.78 0 Total for Check 404373: $30.72 -"' 404374 18-Apr-19 224 RIGHT-OF-WAY ENGINEERING SERVICE 1811-0047-02 Survey for Sycamore Avenue 411040 43201 $1,265.00 C1'I INC 8203 Poway Road Turn Pocket Ext. -Survey 80002234 P2230 $1,990.00 Services Total for Check 404374: $3,255.00 404377 18-Apr-19 221 SAN DIEGO GAS & ELECTRIC 75223801844-03/19 14445 Lake Poway 2/21/19-3/24/19 402060 21056 $220.10 94601424467-03/19 177 49 Saint Andrews Dr 2/10/19-3/12/19 403070 21053 $446.75 14532237960-04/19 13094 Civic Center Dr 2/28-3/31/19 208020 21010 $35.27 Total for Check 404377: $702.12 404375 18-Apr-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 70037975983-03/19 Group Sundry Bill: Mar 2019 114010 21010 $2,519.31 70037975983-03/19 Group Sundry Bill: Mar 2019 208020 21010 $3,558.76 70037975983-03/19 Group Sundry Bill: Mar 2019 202020 21010 $1,554.05 70037975983-03/19 Group Sundry Bill: Mar 2019 204020 21010 $215.92 70037975983-03/19 Group Sundry Bill: Mar 2019 205020 21010 $511.86 70037975983-03/19 Group Sundry Bill: Mar 2019 414040 21010 $179.85 70037975983-03/19 Group Sundry Bill: Mar 2019 421040 21010 $43.41 70037975983-03/19 Group Sundry Bill: Mar 2019 423040 21010 $33.41 70037975983-03/19 Group Sundry Bill: Mar 2019 425040 21010 $20.80 70037975983-03/19 Group Sundry Bill: Mar 2019 430050 21020 $205.20 70037975983-03/19 Group Sundry Bill: Mar 2019 501050 21010 $2,816.84 Total for Check 404375: $11,659.41 404376 18-Apr-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 36194890059-03/19 Group Sundry Bill: Mar 2019 208020 21010 $6,892.30 36194890059-03/19 Group Sundry Bill: Mar 2019 203020 21010 $6,631.98 36194890059-03/19 Group Sundry Bill: Mar 2019 204020 21010 $1,268.37 36194890059-03/19 Group Sundry Bill: Mar 2019 205020 21010 $300.50 36194890059-03/19 Group Sundry Bill: Mar 2019 413010 21010 $1,016.42 36194890059-03/19 Group Sundry Bill: Mar 2019 402560 21010 $11.99 36194890059-03/19 Group Sundry Bill: Mar 2019 414040 21010 $292.07 36194890059-03/19 Group Sundry Bill: Mar 2019 421040 21010 $56.87 36194890059-03/19 Group Sundry Bill: Mar 2019 423040 21010 $80.83 36194890059-03/19 Group Sundry Bill: Mar 2019 424040 21010 $10.80 36194890059-03/19 Group Sundry Bill: Mar 2019 426040 21010 $73.24 May 21, 2019, Item # 1.2Register of Demands: Page: 9 of 12 Warrants from 4/15/2019 -4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..... 404376 18-Apr-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 36194890059-03/19 Group Sundry Bill: Mar 2019 430050 21020 $2,259.43 ..... 0 Total for Check 404376: $18,894.80 -"' 404378 18-Apr-19 722 SCAP 19/20-19 SCAP Annual Dues, Collections System Only 403570 49240 $538.00 en 404379 18-Apr-19 568 SCRIPPS/POWAY FENCE BUILDERS 0330201902 Lake Poway Storage: fence repair 414040 41200 $400.00 404380 18-Apr-19 1128 SEATADVISOR INC. 517745 Per Ticket Fee -Box & Int -Mar 2019 204020 51130 $2,316.50 404381 18-Apr-19 282 SHARP REES-STEALY MEDICAL CENTER 330850069 DMVexam 412040 49160 $110.00 330957024 DMVExam 413010 47900 $110.00 Total for Check 404381: $220.00 404361 18-Apr-19 1376 SOCAL PACIFIC CONSTRUCTION CORP Estimate 5 Manhole Rehabilitation 80005207 P5200 $62,691.93 404383 18-Apr-19 300 SOUTH BAY FOUNDRY INCORPORATED 191291 Manholes, Frames & Covers F5200 81350 $4,094.50 191806 2 Steel frames 412040 47600 $409.45 191805 (50) Socket cap screws 403570 47600 $215.50 191843 (10) Bolts F5200 81350 $650.00 Total for Check 404383: $5,369.45 404384 18-Apr-19 492 SQS VIDEO COMMUNICATIONS 20191268 Telecasting Services: Mar 5, 19 & Apr 2, 2019 114010 41200 $1,200.00 404385 18-Apr-19 1964 STATE INDUSTRIAL PRODUCTS 900925782 State A-Salt 415010 47600 $466.67 404386 18-Apr-19 528 STATEWIDE SAFETY & SIGNS, INC 01004894 New Lake Signs 202020 45300 $193.95 404387 18-Apr-19 312 SUPERIOR READY MIX 33543 4 cubic yards of concrete 411040 43240 $570.43 33142 4 cubic yards cement 411040 43240 $637.94 -'" -· Total for Check 404387: $1,208.37 404389 18-Apr-19 642 THATCHER COMPANY OF CALIFORNIA, 262281 Aluminum Sulfate 402060 45200 $3,992.73 INC. 404334 18-Apr-19 839 THE MARIDEN CORPORATION 1029 Lake Staff Uniforms 202020 49280 $561.00 1030 OPP Staff Uniforms 205020 49280 $123.59 Total for Check 404334: $684.59 404388 18-Apr-19 1041 T-MAN TRAFFIC SUPPLY 9199 Flasher LED D cell 411040 47500 $330.16 404291 18-Apr-19 999998 TURNBULL, SUSAN Turnbull-041219 Community Dam Safety Preparedness -500050 31010 $215.76 Anaheim 404394 18-Apr-19 1566 U.S. BANK CORPORATE PAYMENT SVC -7016-04/19 Finance/HR April 2019 Statement F1000 86020 $3,269.71 IT .. 404390 18-Apr-19 897 U.S. BANK CORPORATE PAYMENT 0510-04/19 CSD April 2019 Statement F1000 86020 $9,043.87 SYSTEM-CS 404393 18-Apr-19 1513 U.S. BANK CORPORATE PAYMENT 2521-04/19 City Clerk April 2019 Statement F1000 86020 $1,173.58 SYSTEM-LG 404392 18-Apr-19 1512 U.S. BANK CORPORATE PAYMENT 6896-04/19 PW April 2019 Statement F1000 86020 $5,502.24 SYSTEM-PW May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/15/2019 -4/19/2019 Page: 10of12 Check Check Payee/ Number Date Vendor# Pay~eNendor Name Invoice Number Description Org Object Project Check Amount ..... 404391 18-Apr-19 1511 U.S. BANK CORPORATE PAYMENT 9376-04/19 Safety April 2019 Statement F1000 86020 $4,155.97 N SYSTEM-SS 0 905086 15-Apr-19 941 U.S. DEPT. OF THE TREASURY -FED WH PE2019-08 FED W/H EFT PE#2019-08 F1000 86160 $69,465.71 N en FED WH PE2019-08 FED W/H EFT PE#2019-08 F1000 86180 $20,905.44 Total for Check 905086: $90,371.15 404395 18-Apr-19 1580 UNIFIRST CORPORATION 361 0064122 Uniforms Weekly Rental 403570 49280 $46.38 361 0064124 Uniforms Weekly Rental 402560 49280 $107.96 361 0063151 Customer Services: Uniforms 112010 49280 $10.46 361 0063963 Customer Services: Uniforms 112010 49280 $11.16 361 0063970 Community Parks mats and South Parks 415010 41200 $47.95 uniforms 361 0063970 Community Parks mats and South Parks 414040 49280 $19.48 uniforms 361 0064130 Lake Poway dock: mats 415010 41200 $9.89 361 0064129 Twin Peaks Gym: mats and mops 415010 41200 $11.37 361 0064128 Public Works Admin: mats 415010 41200 $6.45 361 0064127 North Parks: uniforms 414040 49280 $26.88 361 0064123 Facilities: uniforms 415010 49280 $8.83 361 0064119 Streets: uniforms 411040 49280 $50.86 361 0064118 Stormwater: uniforms 412040 49280 $22.09 361 0064943 Mats, Wipes and Uniforms 415010 41200 $8.81 361 0064943 Mats, Wipes and Uniforms 413010 49280 $46.02 361 0064946 Mats and Uniforms Weekly Rental Fee 415010 41200 $1.22 361 0064946 Mats and Uniforms Weekly Rental Fee 410060 49280 $4.14 361 0064947 Uniforms Weekly Rental Fee 405060 49280 $5.44 361 0064948 Uniforms Weekly Rental Fee 403570 49280 $31.60 361 0064950 Uniforms Weekly Rental Fee 402560 49280 $32.45 361 0064951 Uniforms Weekly Rental Fee 415010 41200 $8.54 361 0064951 Uniforms Weekly Rental Fee 402060 49280 $24.94 361 0064952 Uniforms Weekly Rental Fee 401060 49280 $34.25 361 0064788 Fire Station 2 mats/towels 501050 49280 $21.35 361 0064787 Fire Station 1 mats/towels 501050 49280 $29.88 361 0064789 Fire Station 3 mats/towels 501050 49280 $43.51 361 0063461 PCPA Weekly Mat Service 204020 49280 $9.63 361 0064784 Senior Center: mats 415010 41200 $14.77 May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/15/2019 -4/19/2019 Page: 11 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .... 404395 18-Apr-19 1580 UNIFIRST CORPORATION 361 0064786 w Meadowbrook gym: mats and mops 415010 41200 $26.31 0 361 0064785 City Hall: mats 415010 41200 $17.21 -N 361 0064956 Lake Poway dock mats 415010 41200 $9.89 en 361 0064955 Twin Peaks Gym: mops and mats 415010 41200 $11.37 361 0064954 Public Works: mats 415010 41200 $6.45 361 0064271 PCPA Weekly Mat Service 204020 49280 $9.63 Total for Check 404395: $777.17 404397 18-Apr-19 696 USA BLUE BOOK 855513 Lab Supplies, Sample Cup 402060 47600 $89.90 404399 18-Apr-19 321 VERIZON WIRELESS 9827110884 PIO Phone 3/29-4/28/19 103010 33011 $26.19 404400 18-Apr-19 321 VERIZON WIRELESS 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 400060 22000 $38.01 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 401060 22000 $114.03 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 401060 33011 $0.68 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 402060 22000 $76.02 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 402060 33011 $7.71 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 402560 22000 $266.07 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 402560 33011 $3.22 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 403570 22000 $152.04 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 403570 33011 $22.06 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 405060 22000 $38.01 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 411040 22000 $76.02 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 411040 33011 $0.54 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 412040 22000 $114.03 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 412040 33011 $0.78 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 413010 33011 $2.91 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 414040 22000 $76.02 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 414040 33011 $38.02 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 415010 22000 $76.02 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 415010 33011 $20.58 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 430050 22000 $38.01 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 430050 23010 $38.01 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 112010 33011 $0.36 9827110883 PW Cell Phones 03-01-2019 to 03-28-2019 113010 33011 ($34.32) Total for Check 404400: $1,164.83 May 21, 2019, Item # 1.2Register of Demands: Page: 12of12 Warrants from 4/15/2019-4/19/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ~ 404401 18-Apr-19 260 VILLAGE NURSERIES 520260 One-Gallon Plants (20) 414040 47700 $85.12 .j::,,, 0 520255 Valle Verde Park: plant material 414040 47700 $388.96 -I\) Total for Check 404401: $474.08 en 404106 4-Apr-19 272 VOID PowProgressMarch19 Poway Progress Design-03/19 205020 41200 $367.16 404402 18-Apr-19 474 VIP JANITORIAL SERVICE 5285 Janitorial Services 206020 41400 $1,540.84 5285 Janitorial Services 415010 41400 $12,797.33 5286 Addition of Pool 415010 41400 $350.00 5287 Poway Auditorium Special Cleaning 415010 41400 $483.18 5288 Sanitary Supplies 415010 47200 $2,233.81 Total for Check 404402: $17,405.16 404403 18-Apr-19 272 WAXIE 78180328 Janitorial Supplies 501050 47200 $367.16 404404 18-Apr-19 355 WEST MARINE PRO 5294130 Life Jackets for Dock 202020 47600 $491.52 404405 18-Apr-19 280 WESTERN MOWER AND ENGINE 64180 Backpack Blower 411040 45600 $379.23 404406 18-Apr-19 1520 WITTMAN ENTERPRISES, LLC 19030574 Ambulance Billing: Mar 2019 112010 41200 $3,850.00 404407 18-Apr-19 294 ZAP MANUFACTURING INC 2390 Sign removal and refacing 411040 45300 $934.17 Register Total: $437,252.30 Director of Finance Appro~~-~<.~ Date: S-7-J~ May 21, 2019, Item # 1.2The City of Poway Director of Finance Submits the Following Register of Demands Run Date: 06-May-19 for the period 4/2212019 -4/26/2019 and Recommends its Ratification/Approval: ...... en 0 Check Check Payee/ Org Object Project Check Amount -Number Date Vendor# PayeeNendor Name Invoice Number Description ts) AO REED&CO 94175 Fire Station #2: repair 415010 41200 $206.00 en 404414 26-Apr-19 506 303963 Hilleary Park: restroom repair 415010 41200 $4,428.00 303965 Garden Road Park: restroom repair 415010 41200 $4,428.00 94177 Heating and AC Maintenance 204020 43020 $2,674.67 94176 Heating and AC Maintenance 206020 43020 $1,078.66 Total for Check 404414: $12,815.33 404488 26-Apr-19 1717 AIR QUALITY COMPLIANCE SOLUTIONS 11438 Environmental compliance 413010 41200 $946.00 INC 404415 26-Apr-19 8 ALLSTAR FIRE EQUIPMENT, INC 214810 Nozzle 501050 47600 $1,178.96 404416 26-Apr-19 15 AMERICAN RIGGING & SUPPLY 229132-00 Chain assemblies 412040 47600 $527.98 404417 26-Apr-19 418 ANTHEM BLUE CROSS 000590263C Vision Insurance Premiums: April 2019 F1000 87371 $2,657.30 000590263C Vision Insurance Premiums: April 2019 F1000 87372 $49.84 )> Total for Check 404417: $2,707.14 --t 404419 26-Apr-19 1207 ARROW INTERNATIONAL INC. 9501140259 Medical Supplies 503050 47400 $1,201.95 --t )> 404420 26-Apr-19 835 AT&T 12873704 BAN 9391053607 Lake Phone 3/10-4/09/19 202020 33010 $59.11 0 :::c 404421 26-Apr-19 835 AT&T 12872713 BAN 9391026535 03/10/19-04/09/19 414040 22000 $19.07 3: m 404422 26-Apr-19 835 AT&T 12872721 BAN 9391026546 03/10/19 -04/09/19 414040 22000 $20.72 z --t 404423 26-Apr-19 835 AT&T m 12872723 BAN 9391026548 03/10/19-04/09/19 414040 22000 $20.72 404424 26-Apr-19 835 AT&T 12858467 BAN 9391026542 03/06/19-04/05/19 423040 22000 $20.72 404425 26-Apr-19 835 AT&T 12872724 BAN 9391026549 03/10/19-04/09/19 423040 22000 $20.72 404426 26-Apr-19 835 AT&T 12872960 BAN 939103163 Train Depot 03/10-04/09/19 205020 33010 $39.80 -404427 26-Apr-19 835 AT&T 12872715 BAN 9391026537 Porter House 03/10-04/09/19 205020 33010 $58.87 404428 26-Apr-19 264 BJ'S RENTALS INC. 933768-5 11. 3 Gallons of propane 411040 43201 $42.62 937598-5 Propane 411040 43201 $52.80 Total for Check 404428: $95.42 905089 25-Apr-19 788 CALPERS PERS PE2019-07 PERS EFT PE#2019-07 F1000 87100 $125,034.71 404429 26-Apr-19 445 CAL-STATE AUTO PARTS INC 59673 Unit#93 413010 47900 $104.77 61771 Unit #923 Red Fleet 413010 47900 $865.85 Total for Check 404429: $970.62 404430 26-Apr-19 1755 CHRISTOPHER, BENNETT Bennett-04/10/19 Safety Patrol pizza party #3 504050 47600 $600.00 May 21, 2019, Item # 1.2Register of Demands: Page: 2 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .... 404431 26-Apr-19 1508 CIGNA HEALTHCARE OF CALIFORNIA 2449185 Health Insurance Premiums: April 2019 F1000 87320 $205,088.72 a, 0 2449185 Health Insurance Premiums: April 2019 F1000 87311 $9,330.32 -~ Total for Check 404431: en $214,419.04 404432 26-Apr-19 1094 COMMERCIAL AQUATIC SERVICES 119-1313 Swim Center Preventative Maintenance 203020 41200 $1,495.00 Contract 404433 26-Apr-19 609 COMMERCIAL TRANSPORTATION 3418 Class A Training 402560 31040 $6,920.67 SERVICES 3418 Class A Training 403570 31040 $6,920.67 3418 Class A Training 411040 31040 $3,966.82 Total for Check 404433: $17,808.16 404434 26-Apr-19 847 CORODATA MEDIA STORAGE INC. DS1287742 Backup Data Storage: Mar 2019 113010 41200 $143.87 404435 26-Apr-19 82 CORODATA RECORDS MANAGEMENT RS4477408 Records Storage Climate Control 2/1/19 to 100010 49040 $145.95 INC. 2/28/19 RS4477407 Records Storage 2/1/19 to 2/28/19 101010 41200 $1,179.33 RS4485184 Records Storage 3/1/19 to 3/31/19 101010 41200 $1,143.41 Total for Check 404435: $2,468.69 404436 26-Apr-19 1309 CORODATA SHREDDING, INC. ON 1223289 Records Shredding Services Through 101010 49240 $104.24 3/31/2019 404437 26-Apr-19 380 CWEA FY19 Zaragoza CWEA Collections 4 Renewal -Zaragoza T. 403570 49240 $102.00 404438 26-Apr-19 1526 DELTA DENTAL INSURANCE COMPANY BE003305200 Insurance Premiums: April 2019 F1000 87361 $822.35 BE003305200 Insurance Premiums: April 2019 F1000 87362 $41.32 Total for Check 404438: $863.67 404439 26-Apr-19 1525 DEL TA DENTAL OF CALIFORNIA BE003303644 Insurance Premiums: April 2019 F1000 87361 $17,332.56 BE003303644 Insurance Premiums: April 2019 F1000 87362 $287.92 Total for Check 404439: $17,620.48 404440 26-Apr-19 1209 DISCOUNT PLAYGROUND SUPPLY INC. 163063 Playground rubber repair kits 414040 47600 $2,978.59 404441 26-Apr-19 1067 DIVISION OF THE STATE ARCHITECT FY19 QTR3 FEES FY19 SB1186 Disability Access Fees Jan-Mar F2830 86399 $231.60 404412 26-Apr-19 999995 DULIN, PATRICIA 2013431.001 Deposit Refund Permit# 21574 208020 74710 $200.00 404443 26-Apr-19 567 ELDERHELP OF SAN DIEGO Mar-19 Homeshare & Comm Connect -March 2019 80002413 P2410 $1,345.81 404444 26-Apr-19 740 ENNISS INC. 200565 Asphalt dump fees 411040 29050 $171.32 200623 Asphalt dump fees 411040 29050 $42.83 Total for Check 404444: $214.15 404442 26-Apr-19 83 E-W TRUCK & EQUIPMENT COMPANY, 429055 Unit #41 Sensor 413010 47900 $62.75 INC 404445 26-Apr-19 350 EWING IRRIGATION 7188098 Lake Poway: irrigation supplies 414040 47700 $459.70 May 21, 2019, Item # 1.2Register of Demands: Page: 3 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .... 404445 26-Apr-19 350 EWING IRRIGATION 7188097 Lake Poway: irrigation repair supplies 414040 47700 $820.91 ....,. 0 Total for Check 404445: $1,280.61 -I\) 404446 26-Apr-19 116 FERGUSON WATERWORKS 0670770 Gate Valve 402560 47600 $70.38 C1'I 404447 26-Apr-19 979 FIRE SERVICE CORP 19M 789563 Fire Suppression Equipment Ser 415010 41200 $723.45 404448 26-Apr-19 27 FLEET PRIDE/ASSOCIATED TRUCK 24779042 Stock Diesel Exhaust Fluid 413010 47900 $36.44 PARTS 404449 26-Apr-19 389 FOR PARENTS' AND KIDS' SAKE 2018 report Community Contribution based on 2018 Report 100010 49040 $5,000.00 404450 26-Apr-19 957 GARDA CL WEST INC. 10473252 Armored Car Service: Apr 2019 114010 41200 $675.39 20365705 Armored Car Service: Excess Items Mar 2019 114010 41200 $27.65 Total for Check 404450: $703.04 404451 26-Apr-19 592 GARYF.HOYT,LANDSCAPE CP-2324 Landscape Plan Checks -January 2019 301030 17999 $800.00 ARCHITECTURE INC. CP-2326 Landscape Plan Checks -February 2019 301030 17999 $720.00 CP-2323 Landscape Plan Check Services -January 391030 59250 $720.00 2019 CP-2323 Landscape Plan Check Services -January 391030 59150 $1,600.00 2019 CP-2325 Landscape Plan Checks -February 2019 391030 59250 $440.00 CP-2325 Landscape Plan Checks -February 2019 391030 59150 $1,160.00 Total for Check 404451: $5,440.00 905096 26-Apr-19 1740 GE ENERGY FINANCIAL 129988-2019-03 Electricity Supplied 03/01-03/31 /19 204020 21010 $10,349.31 404452 26-Apr-19 120 GRAINGER INC 9145308004 (10) Lens cleaners F1000 81350 $48.49 9142013623 (25) Respirator masks F1000 81350 $681.52 Total for Check 404452: $730.01 404453 26-Apr-19 483 HANSON AGGREGATES PACIFIC 1992717 1.96 Tons of asphalt 411040 45900 $125.47 SOUTHWEST, INC 404454 26-Apr-19 142 HEAVILAND ENTERPRISES INC 24685 Twin Peaks and Tierra Bonita: irrigation repair 414040 47700 $110.90 404455 26-Apr-19 152 HOME DEPOT COMMERCIAL ACCOUNT 5211103 Tools for truck #85 412040 45600 $47.33 2223854 Repair supplies Halper inlet frame 412040 47600 $118.08 4223841 Repair supplies: grate frame on Halper 412040 47600 $21.50 4223842 Work order 216691: repair supplies 415010 47600 $43.34 2223851 Paint supplies 414040 47600 $64.84 2211131 Paint supplies 414040 47600 $180.16 2211130 Halper inlet repair supplies 412040 47600 $33.83 9223823 Unit 25 Maint. Supplies 403570 47600 $52.42 6223871 Poway Road Corrugated Metal Pipe Repair 412040 47600 $7.19 May 21, 2019, Item # 1.2Register of Demands: Page: 4 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ..... 404455 26-Apr-19 152 HOME DEPOT COMMERCIAL ACCOUNT 7223867 Foaming glass cleaner F1000 81350 $38.40 0C) 0 7223868 Tech -Stage paint 204020 43040 $179.86 -...., 7211164 (2019) Work Order 222072: repair supplies 415010 47600 $134.02 u, 8211150 Work Order 215767: repair supplies 415010 47600 $81.89 6223875 Work Order 215767: repair supplies 415010 47600 $286.62 5223882 Work Order: 222044 415010 47600 $83.28 6223876 Work Order 222044: repair supplies 415010 47600 $22.74 Total for Check 404455: $1,395.50 404418 26-Apr-19 563 HOWROYD-WRIGHT EMPLOYMENT 01-5199225 Admin Ill -Vernon 400060 15010 $1,257.84 AGENCY, INC 01-5205717 Vernon, Admin Ill 400060 15010 $1,432.54 Total for Check 404418: $2,690.38 404456 26-Apr-19 701 I LOVE A CLEAN SAN DIEGO 19-4568 Used oil site visits, surveys, mileage and staff 80002574 P2570 $103.10 19-4568 Used oil site visits, surveys, mileage and staff 80002574 P2570 $43.00 19-4568 Used oil site visits, surveys, mileage and staff 80002574 P2570 $433.90 Total for Check 404456: $580.00 404457 26-Apr-19 644 INFOSEND 151801 Mailing Statements 3-19-19 to 3-29-19 112010 33020 $1,321.58 151801 Mailing Statements 3-19-19 to 3-29-19 112010 41200 $748.73 Total for Check 404457: $2,070.31 404458 26-Apr-19 1529 INFRASTRUCTURE ENGINEERING 11525 Treatment Plant Engineering Design -March 80005106 P5100 $2,580.00 CORPORATION 2019 404459 26-Apr-19 1583 J&WLUMBER 17-00682648-001 Lumber and trail fencing materials 414040 47600 $1,367.32 404460 26-Apr-19 133 KAISER FOUNDATION HEAL TH PLAN INC 000104676-0000 04/19 Insurance Premiums: April 2019 F1000 87310 $76,756.96 000104676-0000 04/19 Insurance Premiums: April 2019 F1000 87311 $2,548.71 Total for Check 404460: $79,305.67 404461 26-Apr-19 134 KAISER FOUNDATION HEAL TH PLAN INC 000104676-7000 04/19 Insurance Premiums: April 2019 F1000 87311 $521.87 (COBRA) 404462 26-Apr-19 502 KIMLEY-HORN AND ASSOCIATES, INC 12512132 Traffic Review -2017-18 Street Striping 411040 43300 $900.32 404463 26-Apr-19 391 LIFE-ASSIST, INC. 912450 Medical Supplies 503050 47400 $408.06 912449 Medical Supplies 503050 47400 $386.47 912696 Medical Supplies 503050 47400 $869.80 912735 Medical Supplies 503050 47400 $693.14 Total for Check 404463: $2,357.47 404490 26-Apr-19 2013 LUNA, LUIS ALBERTO 22146 Unit #86 parts 413010 47900 $118.51 404464 26-Apr-19 933 MAIL DISPATCH 176986 Mail Courier Service: April 2019 114010 41200 $1,253.56 May 21, 2019, Item # 1.2Register of Demands: Page: 5 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Org Object Project Check Amount Number Date Vendor# PayeeNendor Name Invoice Number Description ...,,, 905091 26-Apr-19 616 MANUFACTURERS & TRADERS TRUST U) CO. BANK 457 PPE 4/21/19 ICMA 457 deferred comp deductions PPE F1000 86120 $29,481.10 4/21/19 0 905092 26-Apr-19 616 MANUFACTURERS & TRADERS TRUST 86120 $3,386.53 -457R PPE 4/21/19 ROTH 457 deferred comp PPE 4/21/19 F1000 "' CO. BANK en 905093 26-Apr-19 616 MANUFACTURERS & TRADERS TRUST 401A PPE 4/21/19 401a employer contributions PPE 4/21/19 F1000 86130 $11,621.63 CO. BANK 905094 26-Apr-19 616 MANUFACTURERS & TRADERS TRUST ROTH PPE 4/21/19 ROTH IRA employee contributions PPE F1000 86220 $500.00 CO. BANK 4/21/19 905095 26-Apr-19 616 MANUFACTURERS & TRADERS TRUST RHS PPE 4/21/19 Retirement Health Savings Plan (Safety)PPE F1000 87004 $1,698.24 CO. BANK 4/21/19 404465 26-Apr-19 758 MAUREEN KANE & ASSOCIATES, INC. TTC-JP-06/18-21 TTC Series 400 06/18-06/21 J Pernicano 101010 14010 $1,550.00 404466 26-Apr-19 849 MCKEON HARDWOOD FLOORS, INC. 19062 Parlor & Grate Room: floor refinish 415010 41200 $1,417.50 404409 26-Apr-19 999998 MCSPADDEN, MATTHEW Mcspadden 4-22-19 Per Diem: 2019 Cartegraph Conference 113010 14010 $150.75 (Mcspadden) 404467 26-Apr-19 1364 MICHAEL BAKER INTERNATIONAL INC. 1043307 Espola Road Safety Improvement -Feb 2019 80004200 P0000 $9,183.49 404468 26-Apr-19 860 MRO WAREHOUSE 116724 Safety Supplies -(72) Hand Sanitizers F1000 81350 $331.65 404469 26-Apr-19 175 NAPA AUTO PARTS/POWAY 369476 Red Fleet -Floormat 413010 47900 $14.00 369808 shop supplies 413010 47900 $64.06 369929 Unit #77A Thermostat 413010 47900 $12.37 369700 Credit for invoice 366590 413010 47900 ($159.58) 369984 Stock oil filter 413010 47900 $22.12 370152 Unit #62A Fuse 413010 47900 $13.66 370728 Unit #43A wiper blade 413010 47900 $80.75 370127 Trailer ball 414040 43080 $10.23 370908 Unit 78A Thermo 413010 47900 $12.37 Total for Check 404469: $69.98 404470 26-Apr-19 1268 NEOPOST USA INC. 56607613 Postage Machine Meter Rental: May 2019 114010 43080 $65.51 15695829 Meter Tapes Double Label 114010 43080 $30.17 Total for Check 404470: $95.68 404471 26-Apr-19 84 OFFICE DEPOT BUSINESS SERVICES DIVISION 302010631-001 Office Chair 200020 48200 $366.34 302010807-001 Office Chair 2-year Warranty Protection 200020 48200 $7.99 302010808-001 Office Supplies 200020 47100 $6.24 Total for Check 404471: $380.57 404472 26-Apr-19 430 ORKIN EXTERMINATING, INC. 182762731 Pest Control: Big Stone Lodge -April 2019 309030 41200 $101.12 404473 26-Apr-19 896 PALOMAR BACKFLOW PREVENTION 4311 Backflow Prevention Device 421040 41200 $120.00 SPECIALIST, INC. 4311 Backflow Prevention Device 424140 41200 $160.00 4311 Backflow Prevention Device 425040 41200 $40.00 May 21, 2019, Item # 1.2Register of Demands: Page: 6 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .,_, 404473 26-Apr-19 896 PALOMAR BACKFLOW PREVENTION 4311 Backflow Prevention Device 426040 41200 $40.00 0 SPECIALIST, INC. 0 4312 Backflow Prevention Service 421040 41200 $80.00 -.,_, en 4312 Backflow Prevention Service 423040 41200 $40.00 4312 Backflow Prevention Service 424040 41200 $40.00 4312 Backflow Prevention Service 424140 41200 $40.00 4312 Backflow Prevention Service 425140 41200 $40.00 4312-A Backflow Testing 424040 41200 $40.00 Total for Check 404473: $640.00 404474 26-Apr-19 194 PARKHOUSE TIRE INC 3010294082 Unit #923 Red Fleet 413010 47900 $1,455.11 404475 26-Apr-19 195 PARKWAY BUSINESS CENTRE 410-110-CU0519 Assessment fees: 105 and 11 O April, 2019 414040 57300 $725.00 410-110-CU0519 Assessment fees: 105 and 110 April, 2019 410060 57300 $1,114.00 Total for Check 404475: $1,839.00 404476 26-Apr-19 220 PETTY CASH GENERAL 4-15-19 (CMO) Reimburse General Petty Cash 4-15-19 101010 47100 $33.90 4-15-19 (CMO) Reimburse General Petty Cash 4-15-19 103010 31010 $52.20 4-15-19 (CMO) Reimburse General Petty Cash 4-15-19 103010 47100 $23.68 4-15-19 (CMO) Reimburse General Petty Cash 4-15-19 103010 14010 $61.54 4-15-19 (CMO) Reimburse General Petty Cash 4-15-19 100010 49220 $1.27 Total for Check 404476: $172.59 404477 26-Apr-19 1689 PETTY CASH PUBLIC WORKS PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 411040 47600 $3.23 DEPARTMENT PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 405060 47600 $7.99 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 400060 31010 $21.46 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 401060 31010 $23.43 ,, PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 403570 47600 $10.75 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 403570 47600 $12.00 PWPC 4/2/19 PW Petty Cash 03/12/2019 -04/01/2019 410060 31010 $41.76 PWPC 4/2/19 PW Petty Cash 03/12/2019 -04/01/2019 80001004 P1000 $38.15 PWPC 4/2/19 PW Petty Cash 03/12/2019 -04/01/2019 401060 31010 $24.94 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 413010 47900 $3.34 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 400060 31010 $23.60 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 400060 31010 $22.16 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 401060 31010 $13.63 PWPC 4/2/19 PW Petty Cash 03/12/2019-04/01/2019 414040 31040 $13.18 May 21, 2019, Item # 1.2Register of Demands: Page: 7 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount I\) 404477 26-Apr-19 1689 PETTY CASH PUBLIC WORKS PWPC 4/2/19 PW Petty Cash 03/12/2019 -04/01/2019 401060 14010 $50.00 .... DEPARTMENT 0 Total for Check 404477: $309.62 -I\) 404478 26-Apr-19 1179 POTABLE DIVERS INC. 19100 Clearwell Dive Inspection, Annual 402060 41103 $3,200.00 en 404479 26-Apr-19 25 POWAY CENTER FOR THE PERFORMING 04142019 Poway OnStage Ticket Sales Transfer -PCPA F1000 86330 $3,203.00 ARTS FOUNDATION 404480 26-Apr-19 481 POWAY HIGH SCHOOL PTSA 2019 Grad Nile PHS PTSNGrad Nile 6/12/19 100010 49040 $3,000.00 404481 26-Apr-19 1953 POWAY POWERSPORTS LLC 119280 Purchase generators 402-1 & 402-3 115010 61060 $5,387.50 404482 26-Apr-19 274 POWAY SENIOR CENTER 1013 Dishwasher Lease Reimbursement 4/10-517/19 208020 41200 $145.35 404483 26-Apr-19 456 POWERLAND EQUIPMENT 01-212373 Cable 414040 43080 $42.19 404484 26-Apr-19 862 PRINTSTAR 23780 (30) Business envelopes F1000 81350 $883.50 404485 26-Apr-19 1058 R & B PINTO PROPERTIES LLC LKCONC-04/8-04/14/19 Lake Weekly Concession (04/08-4/14/19) F1000 86360 $4,818.68 404486 26-Apr-19 200 RAYNE WATER CONDITIONING 8303-4/4-5/1/19 Pool Water Conditioning 203020 41200 $152.82 404487 26-Apr-19 1669 RELIANT AQUARIUM DESIGN INC. 19344 Aquarium Maintenance 206020 43040 $65.00 404489 26-Apr-19 638 ROCHESTER MIDLAND CORPORATION INV00112100 Bathroom scent 415010 41400 $704.49 404491 26-Apr-19 216 SAN DIEGO COUNTY WATER AUTHORITY 0319-11 Water Delivery and Charges, Mar 2019 402060 27011 $315,968.40 0319-11 Water Delivery and Charges, Mar 2019 402060 27012 $41,712.00 0319-11 Water Delivery and Charges, Mar 2019 402060 27013 $327,493.91 0319-11 Water Delivery and Charges, Mar 2019 402060 76470 ($238.80) Total for Check 404491: $684,935.51 404492 26-Apr-19 221 SAN DIEGO GAS & ELECTRIC 70195729909-04/19 12150 1/2 Sage View Road 03/11/19 -04/10/19 425040 21010 $11.41 .. . . 86797737652-04/19 13250 Pomerado Road 03/11/19-04/10/19 414040 21010 $11.41 32430844182-04/19 14022 1/2 Pomerado Road 03/11/19 -04/10/19 414040 21010 $11.01 82058271564-04/19 14467 Lake Poway Road 03/12/19 -04/11/19 400060 21010 $1,305.35 23194668909-04/19 12325 Crosthwaite Circle 03/12/19-04/11/19 410060 21010 $115.26 37750258723-04/19 13725 Poway Road 03/12/19 -04/11/19 430050 21020 $60.73 93224921321-04/19 141031/2 Stowe Drive 03/12/19-04/11/19 426040 21010 $11.41 51260647432-04/19 13966 Rock Creek Road 03/12/19-04/11/19 423040 21010 $10.40 82081137485-04/19 15498 Espola Road 3/12 -4/11/19 204020 21010 $4,177.37 59531914804-04/19 13053 Poway Rd 3/12-4/11/19 104030 41200 $59.76 3732576307 4-04/19 12207 Old Pomerado Road 03/12/19 -04/11 /19 414040 21010 $23.03 48262466316-04/19 12490 1/2 Old Pomerado Rd 3/13/19 -4/12/19 414040 21010 $75.25 48731411075-04/19 12900 Twin Peaks Rd 3/14/19 -4/15/19 414040 21010 $11.41 712609287 49-04/19 15003 1/2 Pomerado Rd 3/14/19-4/15/19 414040 21010 $10.00 41639610229-04/19 15001 Highway 67 MP 03/12/19-04/11/19 414040 21010 $10.00 May 21, 2019, Item # 1.2Register of Demands: Page: 8 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount N 404492 26-Apr-19 221 SAN DIEGO GAS & ELECTRIC 11183824070-04/19 16275 Espola Road 03/12/19 -04/11 /19 414040 21010 $10.00 N 0 48301450768-04/19 14283 Silver Ridge Road 03/12/19 04/11/19 414040 21010 $11.20 -N 15011872037-04/19 15401 1/2 Pomerado Road 03/15/19-04/16/19 01 430050 21020 $10.85 93262241491-04/19 12670 1/2 Pomerado Road 03/13/19-04/12/19 430050 21020 $53.65 60153342241-04/19 13104 Silver Lake Dr. 3/12-4/11/19 207020 21010 $78.45 32089688823-04/19 13090 Civic Center Dr. 3/12-4/11/19 208020 21010 $179.62 Total for Check 404492: $6,247.57 404493 26-Apr-19 2014 SAN DIEGO HOUSING FEDERATION 2019-225 Govt Agency Membership 104030 49240 $550.00 404494 26-Apr-19 954 SIEMENS INDUSTRY INC 5620024456 Garden Road at Sutter Mill: light replacement 430050 43270 $4,650.16 5620024460 Laurelwood at Stoutwood: replace pole 430050 43270 $3,337.70 Total for Check 404494: $7,987.86 404410 26-Apr-19 999998 SNIDER, NICHOLAS Snider-041819 Paramedic License renewal -Nick Snider 503050 31040 $200.00 404496 26-Apr-19 645 SO CAL SIGNS, INC. 6577 Wall Nameplate for Chris Hazeltine 103010 47100 $57.46 404497 26-Apr-19 776 SOUTH COAST EMERGENCY VEHICLE 493693 Red Fleet unit #920 413010 47900 $91.72 SERVICE 493717 Red Fleet unit #920 413010 47900 $1,624.68 493718 Ref Fleet unit #921 413010 47900 $355.15 Total for Check 404497: $2,071.55 404498 26-Apr-19 76 SOUTHERN CALIFORNIA BALLET 1277 April 5 Performance Tix Sales -Charges 204020 74710 $23,344.00 1277 April 5 Performance Tix Sales -Charges 204020 74710 ($4,410.00) 1277 April 5 Performance Tix Sales -Charges 204020 76230 ($135.00) 1277 April 5 Performance Tix Sales -Charges 204020 76230 ($2,254.50) 1277 April 5 Performance Tix Sales -Charges 204020 76230 ($640.00) 1277 April 5 Performance Tix Sales -Charges 204020 76320 ($3,335.00) Total for Check 404498: $12,569.50 404495 26-Apr-19 2008 SRK UPHOLSTERY, INC. 13987 City Hall breakroom booth recover 415010 41200 $4,387.50 404499 26-Apr-19 528 STATEWIDE SAFETY & SIGNS, INC 01004946 Kumeyaay: custom signs 414040 45300 $118.53 404500 26-Apr-19 1420 STERICYCLE ENVIRONMENTAL 72402357004 Household Hazardous Waste 80002504 P2500 $21,030.50 SOLUTIONS 72402371909 Household Hazardous Waste 80002504 P2500 $16,090.50 Total for Check 404500: $37,121.00 404501 26-Apr-19 665 STOTZ EQUIPMENT P50284 Unit #502 Seal and spindle 413010 47900 $318.88 404502 26-Apr-19 309 SULLIVAN & MANN LUMBER COMPANY 574 Lodge Poles and Rails 414040 47600 $10,990.50 INC 404503 26-Apr-19 312 SUPERIOR READY MIX Silverset and Twin Peaks Zone #3 concrete 34339 repair 411040 43240 $1,254.05 May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/22/2019 -4/26/2019 Page: 9 of 11 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount N 404503 26-Apr-19 312 SUPERIOR READY MIX w 35073 Asphalt Tack 411040 43201 $398.68 0 Total for Check 404503: $1,652.73 -N 404504 26-Apr-19 1517 SWAGIT PRODUCTIONS, LLC 12684 Video Streaming Services: Mar 2019 114010 41200 $725.00 (JI 404505 26-Apr-19 1170 TEKWORKS INC. SD5592 Building Repair -Computer Cable 501050 43080 $262.00 404411 26-Apr-19 999998 TOLLIVER, JOHN 04/2019 -Reimb Safety Shoe Reimbursement -John Tolliver 306030 49280 $183.15 404506 26-Apr-19 1602 TYLER TECHNOLOGIES INC. 045-258563 Implementation -David Cole 80006111 P6110 $1,275.00 905098 26-Apr-19 785 U.S. BANKN.A. PARS ARS PE2019-09 PARS ARS PE#2019-09 F1000 87200 $2,703.28 905099 26-Apr-19 785 U.S. BANKN.A. PARS REP PE2019-09 PARS REP PE#2019-09 F1000 87210 $35,979.82 404507 26-Apr-19 1580 UNIFIRST CORPORATION 361 0064953 Parks North: uniforms 414040 49280 $26.88 361 0064949 Facilities: uniforms 415010 49280 $8.83 361 0064945 Streets: uniforms 411040 49280 $196.02 361 0064944 Drainage: uniforms 412040 49280 $22.13 361 0064790 Community Parks: mats and uniforms 414040 49280 $47.95 361 0064790 Community Parks: mats and uniforms 415010 41200 $19.48 361 0065580 Fire Station 1 -mats/towels 501050 49280 $29.88 361 0065582 Fire Station 3 -mats/towels 501050 49280 $43.51 361 0065581 Fire Station 2 -mats/towels 501050 49280 $21.89 361 0065089 Weekly mat delivery 204020 49280 $9.63 361 0065752 Lake Poway dock: mats 415010 41200 $9.89 361 0065751 Twin Peaks Gym: mats and mops 415010 41200 $11.37 361 0065750 Public Works: mats 415010 41200 $6.45 361 0065749 North Parks: uniforms 414040 49280 $26.88 361 0065745 Facilities: uniforms 415010 49280 $8.83 361 0065741 Streets: uniforms 411040 49280 $77.91 361 0065740 Storm water: uniforms 412040 49280 $21.78 361 0065583 South Parks: mats and uniforms 415010 41200 $47.95 361 0065583 South Parks: mats and uniforms 414040 49280 $19.48 361 0065579 Meadowbrook: mats and mops 415010 41200 $26.31 361 0065578 City Hall: mats 415010 41200 $17.21 361 0065577 Senior Center: mats 415010 41200 $14.77 361 0064783 Customer Services: Uniforms 112010 49280 $10.46 Total for Check 404507: $725.49 404508 26-Apr-19 238 UNIFORMS PLUS 49662 Uniforms / MOU 501050 49280 $1,211.12 May 21, 2019, Item # 1.2Register of Demands: Warrants from 4/22/2019 -4/26/2019 Page: 1 O of 11 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount ~ 404508 26-Apr-19 238 UNIFORMS PLUS .,::.. 49663 Uniforms/ MOU 501050 49280 $182.10 $902.55 0 49683 Uniforms / MOU 501050 49280 -~ 49661 Uniforms / MOU 501050 49280 $450.46 en 49660 Uniforms / MOU 501050 49280 $1,288.69 49659 Uniforms / MOU 501050 49280 $776.27 49598 Uniforms / MOU 501050 49280 $1,219.90 49753 Uniforms/ MOU 501050 49280 $1,114.36 Total for Check 404508: $7,145.45 404509 26-Apr-19 1500 UNION BANK 3004-04/19 Robert J. Manis Credit Card -April 2019 300030 14010 $31.94 404510 26-Apr-19 1500 UNION BANK 1166-9960 04/12/19 Kaserman credit card expenditures 121010 14030 $55.84 1166-9960 04/12/19 Kaserman credit card expenditures 103010 49320 $100.00 1166-9960 04/12/19 Kaserman credit card expenditures 121010 14030 $5.28 1166-9960 04/12/19 Kaserman credit card expenditures 100010 47100 $44.57 1166-9960 04/12/19 Kaserman credit card expenditures 504050 49040 $41.10 Total for Check 40451 O: $246.79 905090 24-Apr-19 334 UNION BANK-SAN DIEGO PPE 4/21/19 Transfer net payroll to Union Bank PPE 4/21/19 TREA 80030 $535,426.03 PPE 4/21/19 Transfer net payroll to Union Bank PPE 4/21/19 F1000 80030 ($535,426.03) PPE 4/21/19 Transfer net payroll to Union Bank PPE 4/21/19 F1000 80030 $535,426.03 404408 26-Apr-19 999996 USAA PW18000671 Refund for Service 2/21 /18 503050 77550 $98.64 404413 26-Apr-19 999995 VARGAZ-MARTINEZ, CLARA 2013430.001 Deposit Refund Permit #21517 208020 74710 $200.00 404511 26-Apr-19 321 VERIZON WIRELESS 9827677545 MiFi Backup Internet-PCPA Box Office 204020 22000 $38.01 404512 26-Apr-19 321 VERIZON WIRELESS 9827258325 Telemetry 503050 33011 $140.41 404513 26-Apr-19 321 VERIZON WIRELESS 9827110885 Customer Services: Cell Phones 3/1/19-3/28/19 112010 33011 $235.03 9827110885 Customer Services: Cell Phones 3/1/19-3/28/19 112010 33011 $70.72 9827110885 Customer Services: Cell Phones 3/1/19-3/28/19 113010 33011 ($21.70) Total for Check 404513: $284.05 404514 26-Apr-19 321 VERIZON WIRELESS 9827677544 Safety Services -iPad, cell, wifi 503050 22000 $304.08 9827677544 Safety Services -iPad, cell, wifi 503050 22000 $304.08 9827677544 Safety Services -iPad, cell, wifi 500050 33011 $38.01 9827677544 Safety Services -iPad, cell, wifi 500050 33011 $38.01 9827677544 Safety Services -iPad, cell, wifi 500050 33011 $42.90 9827677544 Safety Services -iPad, cell, wifi 501050 33011 $5.76 9827677544 Safety Services -iPad, cell, wifi 502050 33011 $42.90 May 21, 2019, Item # 1.2Register of Demands: Page: 11 of 11 Warrants from 4/22/2019 -4/26/2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount "-> 404514 26-Apr-19 321 VERIZON WIRELESS 9827677544 Safety Services -iPad, cell, wifi 504050 47600 $38.55 en 0 Total for Check 404514: $814.29 -"-> 404515 26-Apr-19 1634 VINYARD DOORS, INC. 98563 Fire Station #3: overhead door repair 415010 41200 $566.00 en 404516 26-Apr-19 272 WAXIE 78181280 Lake Poway: sanitary supplies 415010 47200 $880.18 78176914 Lake Poway: sanitary supplies 415010 47200 $1,471.29 78173635 Community Center: sanitary supplies 415010 47200 $1,170.26 78197793 Community Center: sanitary supplies 415010 47200 $1,111.33 Total for Check 404516: $4,633.06 404517 26-Apr-19 540 WEST COAST ARBORISTS, INC. 146672 Tree Trimming, Removal 423040 41200 $1,079.40 146670 Tree Trimming, Removal 421040 41200 $14,486.40 146670-A 83-1A Trimming and pruning 421040 41200 $1,567.72 146673 Tree Trimming, Removal 411040 41200 $1,942.92 Total for Check 404517: $19,076.44 404518 26-Apr-19 280 WESTERN MOWER AND ENGINE 63202 Hedge trimmer repair supplies 412040 43080 $185.18 63207 Troubleshooting hedge trimmer repair 412040 43080 $20.00 63205 String trimmer repair 412040 43080 $151.03 63204 Hedge Trimmer: repair parts 412040 43080 $85.10 63203 Hedge trimmer bench fee 412040 43080 $20.00 64158 Choke knob 414040 43080 $18.80 64687 Trimmer Line 411040 47600 $15.09 64670 Stringed trimmer 411040 45600 $258.59 Total for Check 404518: $753.79 404519 26-Apr-19 449 WOLSEY, LYNN K PowProgressMarch19 Poway Progress Design-03/19 205020 41200 $100.00 Register Total: $1,992,710.73 Director of FinanceAppr~. ~ ~lS::>, Date: S--7 -) 9 ( 1 of 7 May 21, 2019, Item #1.3 DATE: TO: FROM: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May 21 , 2019 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk ~ (858) 668-4535 or fmedina@poway.org Approval of M inutes The City Council Meeting Minutes submitted hereto for approval are: • May 7, 2019 Regular City Council Meeting Minutes APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. 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 that the City Council approve the Minutes as submitted . Public Notification: None. Attachments: A. May 7 , 2019 Regular City Council Meeting Minutes Reviewed/Approved By: Wen Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: City:~~ 2 of 7 May 21, 2019, Item #1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES May 7, 2019 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 Mullin, Leonard , Frank, Grosch, Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; Assistant City Attorney John Ramirez; City Clerk Faviola Medina; Community Services Director Brenda Sylvia; Development Services Director Bob Manis ; Finance Director Donna Goldsmith; Human Resources/Risk Management Director Jodene Dunphy; Director of Public Works Michael Obermiller; Acting Director of Safety Services Jon Canavan ; Captain Jeff Duckworth, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Grosch led the pledge of allegiance. PRESENTATION Mayor Vaus declared a moment of si lence for the victims of the shooting that occurred at the Chabad Synagogue in Poway . Councilmembers gave their condolences and voiced their support for the victims and the Chabad Synagogue. Mayor Vaus introduced the new City Manager, Chris Hazeltine. He brings to Poway more than 30 years of local government experience. Mayor Vaus presented a proclamation to City Clerk Faviola Medina, honoring May 5 through May 11 as Municipal Clerks Week . 3 of 7 May 21, 2019, Item #1.3 City of Poway-Minutes -May 7, 2019 PUBLIC ORAL COMMUNICATIONS Layla Aubrey spoke regarding the Poway Chabad Synagogue shooting and the safety and social issues in Poway. Dianne Smith made suggestions for fundraising for the Poway Cha bad Synagogue. Mike Fry spoke regarding the use of sewer deduct meters to measure water usage. Joe St. Lucas announced that May 12th is National Fibromyalgia Awareness Day. None. 3. PUBLIC HEARING 3.1 Tentative Parcel Map 16-001; A Request for Approval of a Two-Lot Subdivision Located at 14724 Pomerado Road in the Residential Single Family-3 (RS-3) Zone Mayor opened the public hearing at 7:34 p.m. 4 of 7 May 21, 2019, Item #1.3 City of Poway-Minutes -May 7, 2019 Associate Planner Scott Nespor presented the report along with a slideshow presentation. Mr. Nespor stated that the project is a request to subdivide a 1.02-acre parcel into two lots; one lot has an existing residence and the other lot will have a residence constructed on it. The improvements for the subdivision will include construction of a fire hydrant, street trees and irrigation, widening approximately 250-feet of Kozy Crest Lane to meet the Private Road minimum and the replacement of existing overhead utility lines with underground lines. Speakers in opposition: Karen Kay, Jamie Grover, Lorraine Grover and Randall C. Sterling Speakers in support: Torrey Powers, John Dinh and Sylvia Norman Motioned by Councilmember Leonard, seconded the public hearing at 7:54 p.m. Motion carried u Council discussion ensued regarding the requir In response to Council inquiry, Developm. · road easement is for widening of the ro road widening is required per the Powa of homes on the cul-de-sac located on a pr is due to a policy that the City Council adop rights to the easement for ace d utilities. In response to Council inquiry, there is a road maintenance agr puty Mayor Grosch to close usly. ob Manis stated that the hree feet in width. The uiry il,anis stated that initially, the City was requiring the t the end of the new property, in the easement, but the property ty policy to install a water main for a fire hydrant and it requires the City for maintenance and repairs which the property owner 0 • Manis explained that the City doesn't know where the water are private lines. If the contractor that is hired by the applicant s, the property owner would be responsible for all of the repairs. In response to Council inquiry, Assistant City Attorney John Ramirez stated that the easement is a contract between private parties and the City is not a part of that easement. Mr. Ramirez further clarified and said that if there is some dispute as to whether or not that easement allows construction and if the condition can not be adhered to; the condition would come back to the City for future determination. The City can approve or disapprove at its discretion without incurring any liability because of the scope of the easement and would not be a part of a legal dispute due to the indemnification the property owner signed. 5 of 7 May 21, 2019, Item #1.3 City of Poway-Minutes -May 7, 2019 In response to Council inquiry, Development Services Director Bob Manis explained that an Accessory Dwelling Unit (ADU) may be built on the property without the improvements required by the City. If an ADU is under 750 square feet, a permit does not have to be pulled, but if it is over 750 square feet, it would require a minor development review application. The construction of an ADU would not require widening of Kozy Crest Lane to meet the Private Road minimum or the undergrounding of overhead utility lines. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. P-19-08 entitled "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map 16-001, Assessor's Parcel Number 314- 350-29." Motion carried unanimously. 4. STAFF REPORT 4.1 Appropriation of Funds for the Acquisition t Van Dam Peak for Open 4.2 Space rt with a slideshow that will provide pen space. The ee Fund towar e purchase of porarily in escrow and reimbursed four parcels is $1,698.000, with r;, ,625,000. ' puty r Grosch to appropriate an u Fee Fund for the acquisition of real 5-00, #316-020-20-00, and #316-020-21-00 ,, ly . • , n Grant· m (HMGP) Application and Reconciliation of ce o .. ·• dscape aintenance Districts (LMDs) 83-1 and 86-1 ' ·c WorljEric Heidemann presented the report along with a xplain~ that at the Council meeting of March 19, 2019, City submit an application under the Federal Emergency Mitigation Grant Program in the amount of $2,000,000 for . ng Twin Peaks and Espola roads, and to also roll all unused West Coast Arborists Representative Mike Palat and Disaster Service Coordinator Susy Turnbull were available to answer any questions. Speaker in opposition: Toni Bates Submitted speaker slips in opposition but did not wish to speak: Dan Mathson, Kandyce Williams, Jim Williams, Jana Weber, Rob Weber, Laurie Hinzman, Bob Hinzman, Lee Bates, Bob Leiter, Kevin Vandeberg, Greg Lahan and Tim Jara 6 of 7 May 21, 2019, Item #1.3 4.3 City of Poway-Minutes -May 7, 2019 Council discussion ensued about holding a workshop after reviewing the proposed City budget, about the LMD re-balloting, outreach program, health and safety concerns about the condition of the trees, and funding sources in the event that the grant isn't awarded to the City. Council directed stafUo schedule a workshop for July 16. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to: 1) Direct staff to defer work on the tree risk assessment until the HMGP is awarded and until such time that tree removal work is ready to begin; and 2) Authorize $97,197, which are the unused funds appropriated to LMD 83-1 (water: $77,265, trees: $19,932) and $75,702, which are the unused funds appropriated to LMD 86-1 (water: $51,660, trees: $24,042) be rolled over to Fiscal Year 2019-201or the same intended purpose. Motion carried unanimously. //~., Community Services Director Brenda S on April 2, 2019, the City Council cont questions being raised about the draft added that staff recommends a further con answered, and a comprehe~~--lle understan realized. • ''~ No speakers. ' ,, '~, Motioned by M 1/, second~by C to an undete m : date. M6fo Ai /:i y ½ ~ ,.~ 5. WORKSHOP • • 18 . --~ -None. 'i:,%./, ~-,... ~~"-■..,,, 6. MAYO D CITY clt,1c1L-1 , , TED 1Tf&, ·~ ,, ,1/ The Mayo Council ma , · nou~~ents and reported on various events taking place in the R v~ City. No ac , as taken. 9 '"■ ,, 11], COUNCILMEMsLOMMIT REPORTS -Pursuant to AB1234-G.C. §53232.3(d) . ,,. ", J . . Counc1lmember Leon.lf&iJa-4v. , update on the recent meeting of the San Diego County Water Authority. • Mayor Vaus recommended that the City Manager and the Sheriff's Department work together to discuss Active Shooter Training for the community. Mayor Vaus provided an update on the recent SAN DAG meeting. With Council concurrence, the Mayor requested to bring back an update regarding the TransNet Extension Ordinance at the next Council meeting. 6.1 Request Council Concurrence of Acting Committee Appointments to the Budget Review Committee per Government Code 54974(b). 7 of 7 May 21, 2019, Item #1.3 City of Poway-Minutes -May 7, 2019 Councilmember Mullin selected Michael Firenze to serve as an acting member on the Budget Review Committee. Council concurred with the appointment. 7. CITY MANAGER ITEMS City Manager Chris Hazeltine thanked the Council and stated that he looks forward to working with the community. 8. CITY ATTORNEY ITEMS None. ADJOURNMENT The meeting adjourned at 8:56 p.m. May 21, 2019, Item #1.4 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May21 ,2019 Honorable Mayor and Members of the City Council APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONnNUED ____ _ RESOLUTION NO. Michael Obermiller, P.E., Director of Public Works ~ Eric Heidemann , Assistant Director of Public Wo~ks aintenance Operations (858) 668-4705 or eheidemann@poway.org Award of Contract to SC Commercial , LLC (dba The SoCo Group) for Various Fuels The City currently purchases approximately 68 ,000 gallons of unleaded gasoline and 30,000 gallons of diesel from The SoCo Group annually. An opportunity to ensure the most favorable pricing is available through part ici pation in a cooperative fuel purchase agreement led by the City of San Diego. SC Commercial, LLC (dba The SoCo Group) was awarded a contract through the City of San Diego 's competitive Request for Proposal 10089315-18-K, and agencies may elect to participate and contract directly with SC Commercial, LLC , citing this RFP. The Poway Municipal Code Section 3.28 .110 authorizes the City to participate in a cooperative purchasing contract with other government agencies. Recommended Action: It is recommended that the City Council award the contract for the purchase of motor vehicle fuel to SC Commercial, LLC (dba The SoCo Group), for an amount not to exceed $1 ,385,119 over the five-year term of the contract, in accordance with the terms and conditions of the City of San Diego Request for Proposal 10089315-18-K and authorize the City Manager to execute the necessary documents. Discussion: The City of San Diego issued a Request for Proposal (RFP) on May 18, 2018, for unleaded and diesel fuel delivery. The solicitation was publicly advertised and one hundred forty-five (145) potential proposers contacted the City of San Diego regarding the RFP . Five bids were received : The SoCo Group, SC Fuels , Falcon Fuel , Pinnacle Petroleum and Supreme Oil Company . After a lengthy competitive process and evaluation , the successful bidder was The SoCo Group. During the City of San Diego 's solicitation process , the acquisition of The SoCo Group was finalized by SC Commercial , LLC . SC Commercial , LLC committed to fulfilling the obligations made in the proposal submitted by The SoCo Group. The RFP and contract allow, but do not obligate, the City of Poway to purchase fuel from SC Commercial , LLC pursuant to the terms of the City of San Diego RFP and contract. The terms and conditions of the cooperative agree ment, including pricing and delivery, will be favorable to the City . Article IV, Section 5.5 of the City of San Diego contract authorizes public agencies to participate in the fuel purchase contract subject to the Contractor's acceptance . SC Commercial, LLC has 1 of 3 May 21, 2019, Item #1.4 confirmed t ha t the City of Poway is authorized to contract and participate pu rsuant to the terms of the City of San Diego RFP. The City of Poway will benefit from the predictable fuel pricing and provisions of the RFP . The price of the fuel is determined on the date of delivery and is based upon the Oil Price Information Service (OPIS) "Unbranded Low Rack" fuel price benchmark for San Diego. The "Unbranded Low Rack" is a snapshot of the lowest supplier fuel price posting in the OP IS rack market for the day. The RFP required contractors to propose a market d ifferential for the OPIS rack market for each given delivery item (e.g., unleaded fuel, diesel). The market differential is a fou r-digit decimal numerical value that is added to the benchmark index for the p rice of a given fuel product. The market differential includes all cost and profit components determined by th e contractor, excluding any applicable fuel taxes. The rack price plus the market differential is the total price to be paid by the City upon delivery of fue l. Fuel usage of $238,736 per year was estimated for this contract. The table below includes annual anticipated expendit ures increased each year by a 5 percent consumer price index (CPI) per the te rms of the City of San Diego contr act, in addition to a 5 percent contingency amount to account for an y unforeseen spike in fue l usage. Fuel -Citywide Estimated Need Per Year Year1 I Year 2* I Year 3* I Year4* I Year 5* Total $238 ,736 I $250 ,672 I $263 ,205 I $276,365 I $290 ,183 $1 ,319,161 5% Co ntinQency $65,958 Tota l with Contingency $1 ,385,119 *Years 2-5 include 5% a llowance pe r year for price i ncrease The City of San Diego contract with SC Commercial, L LC began on May 18, 2019 and ends on May 17 , 2024. If approved , the length of the City's contract wi ll also be for five (5) years, ending on May 17, 2024 . Environm e ntal Review: This item is not subject to California Environmental Quality Act review. Fiscal Impact: Funds to award the bid to The SoCo Group are avai lable in the FY 2018-19 Adopted Budget (4130 10-31020) as well as in cl uded w ith t he Fisca l Year 2019-20 Proposed Budget (413010-31020) for consideration by Counci l on Ju ne 18, 2019 . Public Notifi cation: A copy of this report was sent to SC Commercial , LLC . 2 of 3 May 21, 2019, Item #1.4 Attachments: None. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 21, 2019, Item #1.5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May21 ,2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. Honorable Mayor and Members of the City Council c:::)_ Michael Obermiller, P.E., Director of Public Works ~ Eric Heidemann, Assistant Director of Public Wor~t for Ma i ntenance Operations L ~ (858) 668-4705 or eheidemann@poway .org -t Award of Contract to Good-Men Roofing & Construction , Inc., for City Facilities Roofing and HVAC Replacement 2018-19; Bid No. 19-012 A notice inviting bids for City Facilities Roofing and Heating, Ventilation and Air Conditioning (HVAC) Replacement 2018-19 was duly advertised on February 28 , 2019, and March 7, 2019. Twenty-five companies attended a pre-bid meeting and site visits on March 14, 2019, and four bids were received and opened on March 28, 2019. Staff reviewed the bids and determined the lowest responsive bidder to be Good-Men Roofing & Construction, Inc. Recommended Action: It is recommended that the City Council award the contract for City Faci lities Roofing and HVAC Replacement 2018-19 , Bid No. 19-012, to Good-Men Roofing & Construction , Inc., and authorize the City Manager to execute the necessary documents. Discussion: The project for City Facilities Roofing and HVAC Replacement 2018-19, Bid No. 19-012, consists of roof replacements at the following City buildings : (1) Public Works Operations Center/Warehouse; (2) Fire Station 1; (3) Northcrest Pump Station ; (4) Community Park Pool Filter Building; (5) Garden Road Park Restroom ; (6) Silverset Park Restroom ; and (7) Valle Verde Park Restroom . The total roof area for these buildings is approximately 12 ,980 square feet and involves the removal and replacement of roof material , fascia , flashing, sheathing , and proper asbestos removal and handling as required. The project also includes the replacement of a total of 21 HVAC units at the following locations: Public Works Operations Center/Warehouse (2 units), Fire Station 1 (6 units) and Sheriff Station (13 units). The roofing and HVAC replacements at the above-mentioned facilities were identified from a formal facility condition assessment. The facility condition assessment identified various facility components and a recommended year for their respective replacement . Twenty-five companies attended a mandatory pre-bid meeting and site visit on March 14, 2019. Four bids were rece ived and opened on March 28, 2019. The initial bids were above the City's estimate for the project. Consequently, the City undertook a deductive alternate process, whereby items listed as part of the overall project are listed in inverse priority order and deleted from the base bid to maximize the amount of work to be completed within the available budget, 1 of 2 May 21, 2019, Item #1.5 after subtracting for contingency and building permit related fees. The deductive alternate process resulted in the removal of three bid items, which included the roof replacements at the following buildings: (1) Northcrest Pump Station; (2) Community Park Pool Filter Building; and (3) Garden Road Park, Silverset Park and Valle Verde Park restrooms. It should be noted that projects were prioritized based off risk to operations in the case of catastrophic failure. All four bids received were found to be responsive to the requirements of the Request for Bids. The lowest responsive bid received after the deductive alternate process was from Good-Men Roofing & Construction, Inc., for $654,608.39. Bid results are as follows: Company Bid Amount Corrected Bid Total Bid Amount Good-Men Roofing & $722,995.44 $722,996.44 Construction, Inc. Grene Homes Construction $727,150.00 N/A Inc. dba Briko Mechanical Commercial Waterproofing $938,979.00 $935,080.00 Systems dba ERG Roofing & Waterproofing Southwest Construction $1 ,286,324.00 N/A Services, Inc. Environmental Review: Th is action is not subject to review under the CEQA Guidelines. Fiscal Impact: (Less Deductive Alternates) $654,608.39 $669,144.00 $869,266.00 $1,116,156.00 There is currently $849,240 available in the Capital Facilities General Maintenance Projects (MNT0003 and MNT0004) for award of this bid. Public Notification: A copy of this report was sent t o Good-Men Roofing & Construction, Inc. Attachments: None. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chri~ City Manager May 21, 2019, Item #1.6 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May 21 , 2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. Honorable Mayor and Members of the City Council Michael Obermiller, P.E., Director of Public Works ~ Eric Heidemann, Assistant Director of Public Works t~r~aintenance (858) 668-4705 or eheidemann@poway.org ~./\) Award of Consultant Agreement to KTUA for As-Needed Landscape Arch itectural Design Services , RFP No. 19-012 A notice inviting proposals for As-Needed Landscape Architectural Design Services was duly advertised on February 28, 2019, and March 7, 2019. Nine proposals were received and opened on March 21, 2019. KTUA was selected as the vendor best meeting the evaluation criteria. The first term of the Agreement is two (2) years beginning June 1, 2019 , through May 31 , 2021. The option to renew may be by the mutual agreement between the City and the selected consultant and is subject to City Council appropriation of funds . The Agreement may be extended a total of three (3) separate one-year term extensions. The maximum length of the Agreement would be up to five (5) years. Recommended Action: It is recommended that the City Council award the Consultant Agreement for As-Needed Landscape Architectural Design Services , RFP 19-012 , to KTUA and authorize the City Manager to execute any necessary documents. Discussion: The City of Poway often needs landscape architectural design services for projects that assist the City in its municipal activities, such as scoping work for capital improvements, planning and designing park projects , or general construction management support services. The Department of Public Works sought to identify qualified landscape architect consultants to provide these professional services on an as-needed basis for the City. A Request for Proposal (RFP) for As-Needed Landscape Architectural Design Services was advertised on February 28, 2019 and March 7, 2019. The City received nine proposals on March 21 , 2019 in response to the RFP. An evaluation committee reviewed proposals based on criteria set forth in the RFP, which included firm qualifications, recent project experience, staff experience and qualifications, quality of proposal submitted and reasonableness of rates . Below is a list of responsive proposers. 1 of 3 May 21, 2019, Item #1.6 Firm City Hourly Rate for Principal Landscape Architect KTUA San Diego, CA $175.00 Schmidt Design Group San Diego, CA $225.00 Hermann Design Group La Mesa, CA $165.00 MIG San Diego, CA $215.00 RHA Landscape Architects, Riverside, CA $150.00 Planner~. Inc. Kimley Horn San Dieoo, CA $280.00 Spurlock San Diego, CA $225.00 Neri Landscape Architecture San Diego, CA $160.00 Integration Design Studio Encinitas, CA $105.00 The committee recommend interviewing three firms and these interviews were conducted on April 24, 2019, and included KTUA, Schmidt Design Group and Hermann Design Group. After the interview process, there was collective agreement by the committee to recommend KTUA for award as they offer the best overall value to the City. KTUA is located in San Diego and has been providing landscape architectural services to the public sector for 49 years. Founded in 1970, KTUA employs 38 people and their experience includes landscape design services for park and recreation areas, playgrounds, sports fields, trails, streetscapes and public facilities. KTUA has previously worked for the City of Poway to provide landscape architect and construction document services on a variety of capital improvement projects at several of the City's park locations. KTUA has also worked with numerous Southern California municipalities, including the cities of Carlsbad, Chula Vista, National City and San Diego. The length of the initial Consultant Agreement is two (2) years beginning June 1, 2019 through May 31, 2021, with options to extend the Agreement for three (3) separate one-year term extensions with mutual agreement by both parties. The maximum length of the Contract would be up to five (5) years. The Agreement is limited to small and medium sized projects that do not exceed $50,000 in design costs. Larger projects that exceed $50,000 in design costs must be approved by City Council. Environmental Review: This action is not subject to review under the CEQA Guidelines. Fiscal Impact: Services for specific tasks would be requested on an as-needed basis, under terms of the agreement, at which time funds would be appropriated. Public Notification: A copy of this report has been to KTUA. 2 of 3 May 21, 2019, Item #1.6 Attachments: None. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch ~ City Manager May 21, 2019, Item #1.7 DATE : TO : FROM : City of Poway COUNCIL AGENDA REPORT May 21, 2019 APPROVE'D □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. CONTACT: Honorable Mayor and Members of the City Council Robert Manis, Director of De velopment Services /(\ Brian Banzuelo, Associate Civil Eng ineer o/~ (858) 668-4623 or bbanzuelo@poway.org SUBJECT: Acceptance of the Community Park Electrical Upgrades Project; Bid No . 19-002, Ace Electric, Inc. Summary: On September 18, 2018 the City Council awarded the contract for the Community Park Electrica l Upgrades Project; Bid No . 19-002, to Ace Electric, Inc., in the amount of $69,530.00 . This action will accept the project as complete. Recommended Action: It is recommended that the City Counci l: (1) Accept the Community Park Electrical Upgrades 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 $3,616.60 , if unencumbered , 45 days after City Council acceptance ; (4) Re lease the Travelers Casualty and Surety Company of America Bond for Mater ial and Labor in the amount of $69,530.00 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: An existing electrical cabinet at Community Park was severely corroded and prone to flooding , presenting an electrical hazard. The cabinet serves a portion of the Senior Center and a portion of the site lighting at Community Park. This project included the replacement and relocation of the existing electrica l cabinet at Community Park . Th is project also replaced and re located an existing electrical service pedestal. There were two Change Orders totaling $2,802.00, which included installing additional electrical conduit and removal of an existing pullbox . The final contract amount is $72,332.00. Environmental Review: The matter of acceptance of public improvements that have been completed, wh ich were the subject of a prior environmental determination, is not subject to review under the California Environmental Quality Act (CEQA). 1 of 2 May 21, 2019, Item #1.7 Fiscal Impa ct: Sufficient funds are available in the Facilities Renovation FY18-Comm Pk Elec Upgrade account (MNT0009) for the release of retention . After the retention payment of $3,616.60, Facilities Renovation FY18-Comm Pk Elec Upgrade account (MN T0009) will have an available balance of $72,238.73. Public Notification : Ace Electric, Inc., P.O. Box 601071, San Diego, CA 92160 Attachments: None. Reviewed/Approved By : Wendy Kserman Assistant City Manager 2 of 2 Reviewed By : Alan Fenstermacher City Attorney Approved By: Ch~ City Manager May 21, 2019, Item #1.8 City of Poway COUNCIL AGENDA REPORT APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED REMOVED □ □ CONTINUED _____ _ DATE: TO: FROM : CONTACT: SUBJECT: Summary: May 21, 2019 Honorable Mayor and Members of the City Council Chris Hazeltine, City Manager~ Robert Manis, Development Services Director~ (858) 668-4601 I bmanis@poway.org R ESOLUTION NO. Resolution Authorizing Certain City Officials to Term inate Covenants and Other Restrictions on Private Property Currently, the City Manager, Assistant City Manager and Director of Development Services have the authority to accept deeds and grants on behalf of the City of Poway. This includes the approval and placement of deed covenants and other restrictions on private properties. The proposed Resolution will give the same three City positions the authority to terminate deed covenants and other restrictions on private property. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) authorizing the City Manager, Assistant City Manager and Director of Development Services to terminate coven ants and other restrictions on private property. Discussion: On April 18, 2017, the City Council adopted Resolution No. 17-007 authorizing the City Manager, Assistant City Manager and Director of Development Services to accept deeds and grants on behalf of the City of Poway (Attachment B). Th is authority also includes the approval of deed covenants and the placement (recordation) of them on the title of private property. Resolution No. 17-007 is silent of the authority to terminate a deed covenant or other restriction on private property. The proposed Resolution will make clear that these same three positions have the authority to terminate deed covenants and other restrictions on private property when they are no longer necessary. Deed covenants are used to memorialize agreed-upon restrictions to be placed on a private property. They are usually required as a condition of some development approvals to ensure compliance with various requirements. From time to time , conditions change or the property is used differently and the deed covenant is no longer applicable. The proposed Resolution will allow for such a covenant to be terminated by the City Manager, Assistant Ci ty Manager, or the Director of Development Services. Government Code Section 27281 regulates the acceptance of deeds and grants. This also includes the placement of deed covenants on private property. This Government Code section stipulates that a governmental agency may authorize, by resolution, such acceptance by one or 1 of 6 May 21, 2019, Item #1.8 more officers or agents. Likewise, to terminate a covena n t or other restriction on private property, a similar resolution would have to be adopted by the City Council to make clear these same officers have the requisite aut hority to ensure that the County Recorder's Office will accept the termination. Environmental Review: The adoption of the proposed Resolution is not subject to CEQA review. Fisca l Impact: None. Public Notification: None. Attachments : A. Proposed Resolution B. Resolution No 17-007 Reviewed/Approved By: Assistant City Ma nager 2 of 6 Revie w ed By: Alan Fenstermacher City Attorney Approved By: c .. City Manager May 21, 2019, Item #1.8Attachment A RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING CERTAIN CITY OFFICIALS TO TERMINATE COVENANTS AND OTHER RESTRICTIONS ON PRIVATE PROPERTY ON BEHALF OF THE CITY OF POWAY WHEREAS, Section 27281 of the Government Code provides that a political corporation or governmental agency, by resolution, may authorize an officer or agent to accept on behalf of the political corporation or governmental agency Deeds or Grants conveying any interest in or easement upon real estate for public purposes and, likewise, to terminate covenants and other restrictions; WHEREAS, on April 18, 2017 Poway City Council adopted Resolution No. 17-007 authorizing the City Manager, Assistant City Manager, and Director of Development Services to accept, on behalf of the City, Deeds or Grants conveying to the City title to or other interest in real property; and WHEREAS, the City wishes to allow the City Manager, Assistant City Manager, and Director of Development Services to terminate covenants and other restrictions on private property on behalf of the City that were originally accepted or approved by the City Manager, Assistant City Manager, or Director of Development Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: Persons filling the following staff positions with the City of Poway are hereby authorized to terminate, on behalf of the City, covenants and other restrictions on private property in favor of the City: City Manager Assistant City Manager Director of Development Services PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of May, 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor 3 of 6 May 21, 2019, Item #1.8 ATTEST: Faviola Medina, CMC, City Clerk 4 of 6 Resolution No. 19- Page 2 May 21, 2019, Item #1.8Attachment B RESOLUTION NO. 17•007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING CERTAIN CITY OFFICIALS TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY OF POWAY WHEREAS, Section 27281 of the Government Code provides that a political corporation or governmental agency, by resolution, may authorize an officer or agent to accept on behalf of the political corporation or governmental agency Deeds or Grants conveying any interest in or easement upon real estate for public purposes; WHEREAS, on January 20, 1981, Poway City Council adopted Resolution No. 34 authorizing the City Manager, City Clerk and Director of Public Works to accept, on behalf of the City, Deeds or Grants conveying to the City title to or other interest in real property; and WHEREAS, the City wishes to change the positions authorized to accept, on behalf of the City, Deeds or Grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: Persons filling.the following staff positions with the City of Poway are hereby authorized to accept, on behalf of the City, Deeds or Grants conveying to the City title or other interest in real property: City Manager Assistant City Manager Director of Development Services PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 18th day of April 2017. Steve Vaus, Mayor ATTEST: N~C, City Clerk 5 of 6 May 21, 2019, Item #1.8 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. 17-007 Page 2 I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 17-007 was duly adopted by the City Council at a meeting of said City Council held on the 18th day of April 2017, and that it was so adopted by the following vote: 6 of 6 AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Nancyi~eu'felcf, CMC, City Clerk City of Poway May 21, 2019, Item #1.9 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May 21 , 2019 Honorable Mayor and Members of the City CouncJ ,A Robert Manis, Director of Development Services 1(/" \ Tracy Beach , Senior Civil Engineer Tf3 (858) 668-4652 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RE.SOLUTION NO. Approval of Final Parcel Map for Tentative Parcel Map 17-00 1; Sorrento West Properties Inc., Applicant (APN 323-092-31) The Final Parcel Map for Tentative Parcel Map (TPM) 17-001 is ready for approval. This map creates two separate light industrial parcels from one existing parcel located at 14107 and 14115 Stowe Drive (Attachment A ). One building will be located on each of the two new lots. Recommended Action : It is recommended that the City Council approve the Final Parcel Map for TPM 17-001 and direct its recordation . Discussion: TPM 17-001 was approved by the C [ty Council on October 16, 2018, pursuant to Resolution P- 18-26 (Attachment B). The Final Parcel Map, as s hown in Attachment C, is in substantial compliance (per the Subdivision Map Act) with the approved TPM. All of the conditions of approval tequired prior to recordaiion of the parcel rnap have been addressed . The site currently has two industrial bui ldings, parking spaces and other site improvements. Prio r to parcel map approval , a covenant is to be recorded on both of the new parcels prohibiting the sale of either parcel until a firewall is installed adjacent to the property line between the parcels . In addition , a reciprocal access and shared parking agreement is to be recorded on the properties . At the time of the writing of this report , the covenant and agreement have not been executed or recorded . T he documents are expected to be executed prior to the City Council meeting but they will not be re corded until after the parcel map is recorded because until then, they are not two separate parcels . Environmental Review: On October 16, 2018, it was determined by the City Council that the approval of TPM 17-001 was categorically exempt from the California Envi ronmental Quality Act (CEQA) as a class 15 Categorical Exemption (CE). The approval of the Final Parcel Map for TPM 17-001 is with i n the scope of the previously approved CE , therefore , no further environmental review is necessary. 1 of 10 May 21, 2019, Item #1.9 Fiscal Impact: None. Public Notification: The Applicant , Joseph E. Maskalenko w ith Sorrento West Properties , Inc. and Mfchael Slawson of BWE, Inc., were sent a notice of the public meeting. Attachments: A. Location Map B. Resolution No . P-18-26 C. Parcel Map Reviewed/Approved By: WenKaserman Assistant City Manager 2 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By: c ~ City Manager May 21, 2019, Item #1.9 N $ 0 212.5425 --850 Feet --- 3 of 10 CITY OF POWAY Zoning / Location Map Item: TPM17-001 ATTACHMENT A May 21, 2019, Item #1.9 RESOLUTION NO. P-18-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 17-001, ASSESSOR'S PARCEL NUMBER 323-092-31 WHEREAS, Tentative Parcel Map (TPM) 17-001 was submitted by BWE, Inc., requesting a two-lot subdivision of an approximate 26-acre parcel in the Poway Business Park for financing purposes, which is developed with two industrial buildings, parking spaces, and other site improvements. The two buildings are addressed 14107 and 14115 Stowe Drive and the property is in the Light Industrial area of the South Poway Specific Plan; WHEREAS, on October 16, 2018, the City Council duly held a noticed public hearing to solicit comments on the above-referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Class 15 Categorical Exemption, pursuant to Section 15315 of the CEQA Guidelines, in that the project involves the division of land into two parcels within an urbanized area in compliance with all City codes and standards and the average slope of the property is less than 20 percent. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. Seq.), TPM 17-001 are made as follows: A That the proposed map is consistent with the objectives, policies, general land uses and programs of the General Plan in that it proposes to create two industrial lots at a density that is consistent with the General Plan designations and Poway Municipal Code (PMC) standards. B. That the design or improvement of the proposed subdivision or lot division is consistent with the General Plan in that the approved lot sizes and configurations adhere to the development standards of the General Plan and PMC. C. That the site is physically suitable for the type of development in that the site is large enough to provide two lots meeting size standards and the existing industrial use will remain. D. That the site is physically suitable for the proposed density of development in that the site is large enough to provide two lots meeting size standards. E. That the design of the lot division is not contrary to the policy of the State legislature as stated in Chapter 1, commencing with Section 21000, of the State Public Resources Code, or likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that the project will not be impacting any native habitat. No development is proposed as a part of this project. 4 of 10 ATTACHMENT B May 21, 2019, Item #1.9 Resolution No. P-18-26 Page 2 F. That the design of the lot division is not likely to cause serious public health problems in that City water and sewer services are available to the site. G. That the design of the lot division will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that with the prohibition of installing new property line fencing in areas overlapping City water easement, the lot split can occur without obstructing or otherwise impacting existing or new easements. Section 3: The findings in accordance with Government Code Section 66020 for the public improvements are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City ordinances, because all necessary services and facilities will be available to serve the project. B. In accordance with the Poway General Plan, the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements which promote a safe and healthy environment for the residents of the City. Section 4: The City Council hereby approves TPM 17-001 as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this request shall not waive compliance with any section of the Zoning Ordinance or other applicable City ordinances in effect at the time of Buildrng Permit issuance. C. This approval is based on the existing site conditions represented on the TPM. If actual conditions vary from representations, the TPM must be changed to reflect the actual conditions. Any substantial changes to the approved TPM, prior to parcel map approval, must be approved by the Drrector of Development Services and may require approval of the City Council. 5 of 10 May 21, 2019, Item #1.9 Resolution No. P-18-26 Page 3 D. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. E. Within 30 days of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. F. Prior to parcel map approval, unless other timing is indicated, the following conditions shall be complied with: 6 of 10 (Engineering) 1. The parcel map, together with the supporting data and documentation, shall be submitted to Engineering Division for review and approval. A fee of $1,100.00 per sheet of the parcel map for plan check is required. 2. The parcel map shall conform to City standards and procedures, the City Subdivision Ordinance, the latest edition of the Subdivision Map Act, and the Land Surveyors' Act, and all other applicable laws, regulations and ordinances. 3. The applicant shall include provisions in their design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City (exclusive of architectural building plans) shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. 4. A separate water service must be provided to each parcel. A separate fire service must also be provided to each parcel. A public improvement plan will be required for any portion of the water and/or fire service and any necessary meter that is public and not located within the City's right-of-way or a City easement. The existing meter shall be raised to the grade and removed from the vault. 5. A public improvement plan shall be submitted per Municipal Code requirements to the Department of Development Services, Engineering Division. Improvement design should be 100 percent complete at time of submittal and should include the following public improvements: a. New water service and meter. b. Easements for the proposed public water service shall be recorded prior to the parcel map. 6. The public improvement plan for water shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the public improvement plan. The applicant will be responsible for posting securities for public improvements and monumentation. 7. The applicant shall pay water service connection fees prior to approval of the public improvement plan for the water service connection. Separate fees are required by the San Diego County Water Authority for new water service connections. May 21, 2019, Item #1.9 Resolution No. P-18-26 Page 4 8. Prior to start of any work within the City right-of-way or City easement, a Right-of- Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 9. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to improvements within City right-of-way or City easements caused by construction activity from this project. 10. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the mylar reproduction of the recorded tract map shall be posted. If a mylar copy of the map is provided to the City within three months of its recordation the security shall then be returned. (See PMC Section 16.12.060.8 for subdivider's responsibility to provide a reproducible mylar copy to the City). 11. A covenant shall be recorded to the satisfaction of the City Engineer that no property line fencing shall be allowed in areas where the new property line overlaps the City's waterline easement. (Planning) 12. A reciprocal access and shared parking agreement is to be recorded on the properties. The applicant shall prepare this document for review and approval by the City Development Services Director. 13. A covenant shall be recorded on both parcels to the satisfaction of the Director of Development Services prohibiting the sale of either parcel until a firewall is installed at the existing canopy adjacent to the property line between the parcels, as required by the Building Code. Section 5: The approval of TPM 17-001 shall expire on October 16, 2020, at 5:00 p.m. The parcel map conforming to this conditionally approved TPM shall be filed with the City so that the City may approve the parcel map before this approval expires, unless at least 90 days prior to the expiration of the TPM, a request for a time extension is submitted to the Development Services Department and a time extension is subsequently granted by the City Council. Section 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 7 of 10 May 21, 2019, Item #1.9 Resolution No. P-18-26 Page 5 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 16th day of October 2018. ATTEST: STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-18-26 was duly adopted by the City Council at a meeting of said City Council held on the 16th day of October 2018, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 8 of 10 LEONARD, FRANK, GROSCH, MULLIN, VAUS NONE NONE NONE ~City Clerk City of Poway May 21, 2019, Item #1.9<D 0 -~ 0 )> -I -I )> 0 ::c s: m z -I 0 PARCEL MAP NO. CITY OF POWAY TENTATIVE PARCEL MAP NO. 17-001 SHEET 1 OF 2 SHEETS OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE Tl-IE OWNERS OF, OR ARE INTERESTED IN Tl-IE LAND SUBDIVIDED BY THIS MAP, ANO WE CONSENT TO THE PREPARATION AND RECOROATION OF THIS MAP. SORRENTO WEST PROPERTIES, INC., A DELAWARE CORPORATION BY,~ u/((ll/1,f&(ltk N".ME, :fo~ .. ,1. G'. /1-!,;s K. 1e.m<• lln.EcS(, 11;,~ Prt<'idMr THRIVENT FINANCIAL FOR LUTl-iERANS, A WISCONSIN CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED JUNE 15, 2017 AS DOCU"4ENT NO. 2017-0268586 OF OFFICIAL RECORDS. A NOT ARY PUBLIC OR OTHER OFFICER COMPLETING Tl-1IS CERTIFICATE VERIFlES ONLY THE IDENTIFY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STA TE: OF CAUFORNIA ) COUNTY OF So O O!"c-go ON April 2 , 20.l.9_ BEFORE ME, lenoifv: s. Mudard A NOTARY PUBLIC, PERSONALLY APPEARED ,.Joseph E MJ.sk.g Im ko WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONE-9-) WHOSE NAME(.e, JS/ARE-SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNO'M..EDGEO TO ME THAT HE/~ EXECUTED THE SAME IN HIS~ AUTHORIZED CAPACITY(~). AND THAT BY HIS/~ SIGNATURE~ ON THE INSTRUMENT THE PERSON~, OR THE ENTITY UPON BEHALF OF 'M-!ICH THE PERSON~ ACTED, EXECUTED THIS INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HANO AND OFFlCIAL SEAL / • /)/.)/ SIGNATURE : --------~=-_,__,/J<c....:1-==--------PRINT NAME : ltnnifer s mus:fo.-yd PR1Nc1PAL PLACE oF sus1NEss 1s 1N Sru, D,eqa COUNTY MY COMMISSION EXPIRES __ A....,.p~<~i LI _,_J +~--------, 20 .../.:!._. COMMISSION NUMBER OF NOTARY: 2..1 Q b9 ( :Z A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY lHE IDENTIFY OF THE INOlVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE: OF~ ;M1IINESD"TFI COUNTY OF HEIJN£Pll'I ) ON ApY"il 12. , 20.!!!_ BEFORE ME, LAtJR.R :fA'tJ€A'PiRo'#loob, A NOTARY PUBLIC, PERsoNAur APPEARED Me"' sf'll,.,G<E'R.. WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(~ WHOSE NAME(~ IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE'/SHE/"fi-4E¥ EXECUTED THE SAME IN ++t9'/HER/tHEIR AUTHORIZED CAPACITY(~. AND THAT BY ~/HER/'fi'+EtR SIGNATURE~) ON THE INSTRUMENT THE PERSON(-€!'), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(-&) ACTED, EXECUTED THIS INSTRUMENT. MI/JNESoTA I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF ~ THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY SIGNATURE :~J_ PRINT NAME , LAvg.,o Jf!Ne A1u: .. owo• I> PRINCIPAL PLACE OF BUSINESS IS IN M,,.,,.,e.s~TI/ He-1>J€P1r,/ COUNTY MY COMMISSION EXPIRES JAiJVAf'.Y 31 . 2D~ COMMISSION NUMBER OF NOTARY: 31 O(o Co 2. 'i 0 13\VE JOB No. 12824s P/1RGEL M•P G!::JOR'IJTEE PR0,19ED-BY FIRST AMERIO'II 1HLE 691,IPAtJY, ORDER !19. tjGS 835057 A SD 1 A PARCEL MAP OF THAT PORTION OF LOT 4 IN SECTION 19, TOWNSHIP OF 14 SOOTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, BEING ALSO A PORTION OF PARCEL •9" PER CERTIFICATE OF COMPLIANCE ANO BOUNDARY ADJUSTMENT NO. 96-02, RECORDED SEPTEMBER 20, 1996 AS INSTRUMENT NO. 1996-0480626, OF OFF'CIAL RECOROS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA. PAAC.EL M,AP GUAR1U.tEE" PR0V1PED BY ARST AMERICAN TIT!.E (.Q,pANY r ~ER NO. t,tCS-835057-A-50-I SIGNATURE OMISSIONS STATEMENT THE SIGNAnJRES OF THE PARTIES LISTED BELOW, OWNERS OF EASEMENTS PER DOCUMENTS NOTED BELOW HA VE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(;) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RJPEN INTO A FEE TITLE ANO SAID SIGNATURES ARE NOT REQUIRE.□ BY THE GOVERNING BODY: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, HOLDER OF EASEMENTS RECORDrn JANUARY 16, 1998, AS OOC.i 1998-002251.3. AND RECORDED 7-22-2004, AS DOC. II 2004-0684908, BOTH OF OFFICIAL RECORDS CITY OF POWAY, HOLDER OF EASEMENTS RECORDED AUGUST 25, 199.3 AS DOC.# 1993-0554185, SEPTEMBER 25, 1995 AS DOC.# 1995-0428362, JUNE 17, 1999 AS DOC.# 1999-0424.3.38 AND RE-RECORDED SEPTEMBER 3, 1999 AS DOC.# 1999-0609873, SEPTEMBER 10, 2002 AS DOC.# 2002-0769999, "4ARCH 3, 2005 AS DOC.# 0175379, MARCH 3, 2005 AS DOC.# 2D05-0175380. MARCH 3, 2D05 AS DOC.# 2005-0175381, "4ARCH 3, 2005 AS DOC.f 2005-0175382, ANO MARCH 3, 2005 A3 DOC.# 2005-0175383, ALL OF OFFICIAL RECORDS. CITY CLERK'S CT,RTJEIQATE I, FAVIO<.A MEDINA, CITY CLERK OF THE CITY OF POWAY, STATE OF CAUFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL OF SAID CITY HAS APPROVED THIS PARCEL MAP ON ----------FAVIOI.A MEDINA, CMC DATED CITY CLERK, CITY OF POWAY TAX DEPOSIT CERT~ I, ANDREW POTTER, CLERK OF THE BOARD OF SUPERVISORS, HEREBY CERTIFY THAT THE PRO\l!SIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDING (A) DEPOSITS FOR TAXES, AND (8) CERTIFICATION OF lHE AE.SENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE. HAVE BEEN COMPLIED WITH. ANDREW POTTER CLERK OF THE BOARD OF SUFERVISORS BY: -aD""EP"u°'TYc,----DATE: SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST OF PSRS IN FEBRUARY, 2017, ANO I CERTIFY THAT THIS SURVEY IS TRUE AND COMPLETE AS SHOWN AND THAT ALL MONUMENTS ARE OF THE CHARACTER INDICATED HEREON AND OCCUPY THE POSITIONS SHOWN HEREON AND ARE SUFFICIENT TO ENABLE THIS SURVEY TO BE RETRACED (SEE LEGEND ON SHEET 2). I HEREBY STATE THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITlONALLY APPROVED TENTATIVE MAP, IF ANY. ADAM E. EISENBERG, LS 9096 DATE CITY ENGINEER'S STATEMENT I, THOMAS R. FRANK, CITY ENGINEER OF THE CITY OF POWAY, STATE OF CALIFORNIA, STATE THAT I HAVE EXAMINED THIS MAP, CONSISTING OF TWO SHEETS, ANO THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL THE PRO\l!SIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, ANO OF ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. BY: =TH-,,O""M""A=-s--=R,---. --=FR=-A""N"'K-, ""Rc==Ec-4-,:9,::0-::,70=---=D"'"A TE=-CITY ENGINEER CITY ENGINEER'S TECHNICAL STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP FOR THE CITY ENGINEER AND I AM SATISFIED THAT SAID MAP IS TECHNlCALL Y CORRECT. (' 8"< J ~ \L. I~ THOMAS E. VERLOOP, PLS 5 COUNTY RECORDER'S CERTIFICATE FILE NO. FILED THIS DAY OF _____ , 20_ AT __ .M. IN BOOK OF PARCEL MAPS AT PAGE , AT l"HE REQUEST OF ADAM E. EISENBERG. ERNEST J. DRONENBURG. JR. COUNTY RECORDER FEE: BY: =oE=P~U~TY.,..,,CO'°U°"N°'T,,.Y--=R=Ec=o~R=oe=R A. P. N. 323-092-31 T. P. M. 17-001 CAL. comm. INDEX 27B-1755(CCS 27) May 21, 2019, Item #1.9..... 0 0 -..... 0 B\VI! JOB No. 12824s PARCEL 2 GROSS/NET AREA: 14.869 ACRES ~RKHAM WAY DEDJCATID PER DOCUMENT RECORDED JUNE 17 1999 AS DOC# 1999-0424338 Of DFFlCIAL RECOROs, ANO RE-RECORDED SEPTEMBER 3, 1999 AS ooc., 99-609873 OF omclAL RECORDS. CITY OF POWAY TRACT NO. <2><2>-<2>1 MAP NO. 1423<2> VARIES PARCEL MAP NO. CONVERGENCE ANGLE AT STATION P472 = -0'29'41.48.3" 100 50 0 100 200 ,oo """'"'--SCALE: 1~=100' EASEMENT LEGEND ® ~~IJ~~GU~~iflE~F ~i~~ciE~A~=-~~~~:9~~ AS DOC.# 1995-0428362 OF OFFICIAL RECORDS © ~11:EiNE~r5~~ROW3~u~A~T11~JE~L!~6RIC INCIDENTAL PURPOSES RECORDED 1-16-1998, AS DOC.# 1998-0022513 OF OFFICIAL RECORDS ® ~~~:iN~~1N°6 =~~:rtr:ti~:rTA~gR INCIDENTAL PURPOSES RECORDED 9-10-2002 AS DOC.# 2002-0769999 OF OFF!CIAL RECORDS. © ~~~J~~~ ~~ii :~ow~Jc1~~~~tNJu~iisEs i RECORDED 3-3-2005 AS DOC.# 2005-0175.38D OF omC!AL RECORDS. ® ~~~ls~~1..f~~f{K;f~AAYNi~~~oE~N\f~RPuRPOSEs RECORDED 3-3-2005 AS DOC.# 2005-0175381 OF OFFlCIAL RECORDS. © ~~~~~A~1~ f~Dp~~:DYEi~;c~~NRTP6~:S L;~gg~;:i 3-3-2005 AS DOC.# 2005-0175382 OF OFFICIAL RECORDS. @;~5TI:PGP~~~NrN6~t~~oE1~~~~%\k.0~u~~~S~~NES RECORDED 3-3-2005 AS DOC.# 2005-0175.38.3 OF OFFICIAL RECORDS. CD ~~~~1~~ ~1lJoZ6E6o~~J3:~~~~E~J FOR GENERAL DOC.if 1999-0609873 OF OFFICIAL RECORDS. NON-PLOITABLE EASEMENTS LEGEND SHEET 2 OF IND1CA TES FOUND MONUMENT AS NOTED. INDICATES FOUND LEAD ANO DISC AS NOTED. INDICATES FOUND WELL MONUMENT WITH DISC STAMPED MLS 5270" PER CORNER RECORD NO. 17669 ANO SHOWN ON PARCEL MAP NO. 19453, UNLESS OTHERWISE NOTED. INDICATES SET ¾.M X 18" IRON PIPE 'WITH DISC STAMPED "LS 9096", UNLESS OTHERWISE NOTED. fNOICA TES SET LEAD AND DISC STAMPED "LS 9096~ INDICATES PARCEL MAP BOUNDARY. INDICATES EASEMENT LINE. JNOICATES TIE LINE . INDICATES RECORD DATA PER PARCEL MAP NO. 19453 . INDICATES RECORD DATA PER GRANT DEED RECORDED MA'f 1, 2007 AS DOC.# 20D7-02960.39, O.R .. INDICATES RECORD DATA PER GRANT DEED RECORDED MARCH J, 2005 AS DOC.Ill 20DS-D175J79, C.R .. INDICATES RECORD DATA PER GRANT DEED RECORDED SEPTEMBER 3, 1999 AS DOC,# 1999-0609873, D.R .. BASIS OF BEARINGS 2 SHEETS • . .. . ... 0 D < > THE BASIS OF BEARINGS FOR THIS SURVEY rs THE SAN DIEGO COUNTY REAL TIME NETWORK USING CALIFORNIA COOROINA TE SYSTEM B3, ZONE 6, NAO 83, EPOCH 2011.00, AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL POSITIONING STATIONS (CGPS) AND/OR CONTINUOUS OPERATING REFERENCE STATIONS (CORS) P472 ANO SI05 BEING SOUTH 68"53'57" ~ST AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CSRC) AND/OR NATIONAL GEODETIC SURVEY (NGS), RESPECTIVELY AND MEETS ALL THE REQUIREMENTS OF THE CALIFORNIA PUBLIC RESOURCES CODE. QUOTED BEARINGS MAY OR MAY NOT BE IN TERMS OF SAIC SYSTEM. THE COMBINED SCALE FACTOR AT STATION P472 rs 0.999942822 GRID OISTANCE = GROUND DISTANCE X ~ coMBJNED scALE FACTOR. ~oV SITE ,,G~ .,.,,~p-.,#'0' 1~· '!>,~" #,ol SfATION S/05 , .,:V ,'l-,..,.-< • .:~ N: 1887149.477 °'!)'!>-\ ,t~ 1tir1 · ~ 6254619.416 ,,_e'l-1/ 4,':i /'. 'l-1. 1/ ,,_o -<.,_<:;'"-/ ~..,~.,,, ,....,...-~•r.~;~i29 ~69.'\.q'iGRlO)~ E: 6299297.483 t-168"5J.~Jior"'6£Aft\~GS ELEV.::: 566.76 BASIS OF BEARING DETAIL NOT TO SCALE AN EXISTING SAN DIEGO GAS ANO ELECTRIC EASEMENT FOR PUBLIC U11UTIES WITH THE RIGHT OF INGRESS AND EGRESS RECORDED 7-22-2004, AS DOC. # 2004-0684908 OF omCIAL RECORDS AFFECTS THE SUBJECT PROPERTY AND IS NOT SHO'NN HEREON DUE TO ITS LACK OF A RETRACEABL.£ LEGAL DESCRIPTION. STOWE DRIVE VICINITY MAP NOT TO SCALE DETAIL "A" NOT TO SCALE A. P. N. 323-092-31 T. P. M. 17-001 CAL. COOR□. INDEX 278-1755(CCS 27) DATE: TO: City of Poway COUNCIL AGENDA REPORT May 21, 2019 Honorable Mayor and Members of the City Council APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED _____ _ RESOLUTION NO. FROM: CONTACT: Michael Obermiller, P.E., Director of Public Works� Rudy Guzman, Assistant Director of Public Workf1/§r ,Utilities (858) 668-4750 or rguzman@poway.org JJJ!s:' SUBJECT: Acceptance of 2018 Manhole Rehabilitation, Bid No. 18-023 Summary: This project consisted of the rehabilitation of 99 existing sewer access manholes and two water vaults, including all necessary equipment and supplies to complete the work at locations directed by the City. Recommended Action: It is recommended that the City Council: 1. Accept the 2018 Manhole Rehabilitation, Bid No. 18-023 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 $10,598.01, 45-days after City Council's acceptance; 4.Release the U.S. Specialty Insurance Company Bond for Material and Labor in the amount of $211,960.00; and 5.Retain the U.S. Specialty Insurance Company Bond for Faithful Performance for a period of one year. Discussion: On June 19, 2018 the City Council awarded the contract for the 2018 Manhole Rehabilitation project, in the amount of $211,960.00 to SoCal Pacific Construction Corporation. The project consisted of the rehabilitation of 99 existing sewer access manholes and two water vaults at locations directed by the City. The notice to proceed was issued for September 24, 2018 with the final date of completion on March 29, 2019. Staff finds the project to be complete in accordance with the standards and specifications of the contract. Environmental Review: This item is not subject to California Environmental Quality Act review. 1 of 2 May 21, 2019, Item #1.10 May 21, 2019, Item #1.10 Fiscal Impact: Sufficient funds are avai lable in the Annual Manho le Rehabil itation account (80005207-P5200) for the release of retent ion in the amount of $10,598.01 . Public Notifi c ation: A copy of this report was sent to SoCal Pacific Construction Corporation dba National Coating & Lining Company. Attachments: None Reviewed/Approved By : Wendyserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 21, 2019, Item #1.11 DATE : TO: FROM: CONTACT: SUBJECT: Summary: C ity o f Poway COUNCIL AGENDA REPORT May 21, 2019 Honorable Mayor and Memb ers of the City Council Robert Man is, Director of Development Services ,av1 Brian Banzuelo , Associate C ivil Engineer ~ (858) 668-4623 or bbanzuelo@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED 0 CONTINUED ____ _ RESOLUTION NO. Award of Contract to Blue Pacific Engineering & Construction for the Martincoit Road Sewer Upsize Project; Bid No . 19-015 This project involves the upsizing of existing sewer mains along Martincoit Road and within an equestrian trail and sewer easement, between Camino del Valle and Espola Road . Approximately 3,360 lineal feet of existing 8-inch, 10-inch, and 12-inch vitrified clay pipes (VC P) are to be upsized to 12-inch and 15-inch polyvinylchl oride (PVC) pipe, and 16-inch high-density polyethylene (H OPE) pipe, respectively. In addition , approximately 350 lineal feet of sewer adjacent to Green Valley Creek is to be upsized using pipe bursting and other trenchless methods. The project will also involve sewer bypassing , dewatering, tree removal, fencing, and traffic control. Recomme nded Ac tion: It is r ecommended that the City Council : (1) Appropriate $275 ,000.00 from the unappropriated Sewer Fund balance (5200) to the Martincoit Road Sewer Upsi ze project account (SWR0004); and (2) Award the co ntract for the Martincoit Road Sewer Upsize Project to Blue Pacific Engineering & Construction, the lowest responsible and responsive bidder, in the amount of $2 ,414,880.00. Discussion : T he contract time for th is project is 200 working days wit h an Engineer's estimate of $2,300,000.00 . Bids were opened on May 1, 2019. The following four bids were received: Company Bid Am o unt Blue Pacific Eng ineering & Construction $2,414,880.00 Burtech Pipeline , Inc. $2,931,106.00 Wier Construction $3,059,724.00 Bonadiman Water, I nc. $3,424,130.00 Due to the depth of t he sewer installation and project's proximity to an existing creek , additional funding is needed for soil/materials testing, and environmental monitoring . Additional funding is also needed to allow for 10% contingency during construction . Sufficient funds exist in the unappropriated Sewer Fund balance (F5200-89010) for the add itional funding . 1 of 2 May 21, 2019, Item #1.11 Envi ronmenta l Review: A Notice of Exemption for this project was filed with the San Diego County Clerk on February 15, 2018. The proposed sewer replacement upsizing project is a Class 2 Categorical Exemption, pursuant to Section 15302(c) of the 2016 CEQA Guidelines, in that the project consists of replacement or reconstruction of existing utility systems and/or facilities where the new utilities/facilities will be located in the same area as the replaced systems/facilities and will have substantially the same purpose and involve negligible or no expansion of capacity. Fis ca l Impact: Approval of staff recommendation aut horizes the appropriation of $275 ,000.00 from the unappropriated Sewer Fund balance (F5200-89010) to the Martincoit Road Sewer Upsize project account (SWR0004), bringing the total funds available for this project to $2,797,420.17. Publi c Notific atio n : Blue Pacific Engineering & Construction, 7330 Opportunity Road, Suite A , San Diego, CA 92111 Attac hments : None. Reviewed/Approved By: Wendy aserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 21, 2019, Item #1.12 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May21,2019 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services{)tA Brian Banzuelo, Associate Civil Engineer ~r (858) 668-4623 or bbanzuelo@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED _____ _ RESOLUTION NO. Approval of Consultant Agreement between the City of Poway and Psomas for Design Services for the Exposed Sewer East of Martincoit Project (C IP SWR0005) This Consultant Agreement will provide design services for the Exposed Sewer East of Martincoit Project. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the Agreement with Psomas for Design Services for the Exposed Sewer East of Martincoit Project per the outlined terms of the Consultant Agreement (Attachment A). Discussion: An existing 8" sewer has been exposed underneath an existing creek, east of Martincoit Road . T he exposure was caused by stormwater erosion at the bottom of the creek. On March 28, 2019, the Development Services Department put out a Request for Proposal (RFP #19-023) for design services for the Exposed Sewer East of Martincoit Project and received three proposals. The project scope includes the replacement of the exposed sewer. In addition, the sewer shall be realigned and deepened to prevent additional creek erosion from exposing the sewer in the future . After careful review of the proposals , staff determ ined that Psomas was highly qualified and the best firm to perform the design work required. Approval of this Agreement will provide professional design services for the Exposed Sewer East of Martinco it Project. The scope of the services will be conducted in two stages. The first stage includes performing a preliminary investigation that will consider a sewer alignment within new sewer easements and the environmental limitations of the project from the adjacent creek crossing the sewer line. After determining the feasibility of the project, the consultant will complete the design and construction documents which are anticipated to be finalized in approximately fou r (4) months. The consultant will then assist City staff with construction administrat ion tasks . 1 of 22 May 21, 2019, Item #1.12 Environmental Review: The action is not subject to review under the California Envi ronmental Qual ity Act (CEQA). Fiscal Impact: The consultant's fee will be based on the scope of work as outlined in the Agreement. The not- to-exceed fee of $118,845 for design services will be the basis for this effort. There is $300,000.00 currently available in the Exposed Sewer East of Martincoit Project (SWR0005). Public Notification: Psomas, 401 B Street, Suite 1600, San Diego, CA 92101 Attachments: A. Consultant Agreement Reviewed/Approved By: Wendyaserman Assistant City Manager 2 of 22 Reviewed By: Alan Fenstermacher City Attorney Approved By : City Manager May 21, 2019, Item #1.12Attachment A City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 22 nd day of May, 2019, by and between the CITY OF POWAY (hereinafter referred to as "City") and PSOMAS (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform design services for the Exposed Sewer East of Martincoit (Project); and WHEREAS, Consultant is an engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of 22 1 May 21, 2019, Item #1.12 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. and expense. 7. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of 22 2 May 21, 2019, Item #1.12 "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: IZI 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 22 3 May 21, 2019, Item #1.12 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 22 4 May 21, 2019, Item #1.12 (c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 7 of 22 5 May 21, 2019, Item #1.12 Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. 8 of 22 6 May 21, 2019, Item #1.12 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) 9 of 22 7 May 21, 2019, Item #1.12 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY PSOMAS By:-------------By: ____________ _ Chris Hazeltine, City Manager Augustin E. Chang, Vice President Date: __________ _ Date: ___________ _ ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By:------------- Alan Fenstermacher, City Attorney 10 of 22 8 May 21, 2019, Item #1.12 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the design services further described in the Scope of Services submitted with the proposals on April 18, 2019 and revised on May 1, 2019 and is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated April 18, 2019, which are included in this document as Attachment 2. Total fee is not to exceed $118,845. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall commence and be effective as of May 22, 2019 ("Effective Date"}, and shall automatically terminate upon completion of the Project, as determined by the City in its sole discretion, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon the termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 11 of 22 1 May 21, 2019, Item #1.12 (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 12 of 22 2 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064 PSOMAS 401 B Street, Suite 160 San Diego, CA 92101 May 21, 2019, Item #1.12 EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 13 of 22 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 May 21, 2019, Item #1.12 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 14 of 22 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 May 21, 2019, Item #1.12 Cal Gov Code § 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13). effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 15 of 22 3 May 21, 2019, Item #1.12 ~ 811 =II =Ill =II =II =- =II :111 =II =II· :(I :a :a Attachment 1 SECTION s Scope of Services PROJECT UNDERSTANDING In the winter and spring of 2017, several severe rain events occurred which exposed an 8-inch sewer main that generally runs parallel with the creek behind homes east ofMartincoit Road. The sewer line was installed around 1980. According to the as-built drawings, due to erosion and migration of the creek bed, the sewer alignment is now within the flowline of the creek. The exposed sewer is located between manholes #36 downstream and #37 upstream. To address this concern, the City commissioned a study to examine the following elements: ■ Extent of the project • Assess the various alternatives including costs ■ Provide an analysis on permitting requirements • Perform a limited hydraulic study (LHS) for creek capacity Psomas was selected to perform the study and is very familiar with the study elements, limited creek hydraulics, permit requirements and available options, including costs. The final study was completed and electronically submitted to the City in December 2018. PROJECT APPROACH Psomas proposes the same team of professionals who provided services on the limited hydraulic study, with the addition of Nova Services to provide geotechnical investigation. Psomas partnered with Nova on the Martincoit Road Sewer Upsize project and their Project Engineer is familiar with project site and City requirements. Our approach to the Sewer Line Repair/Replace project will be to realign and deepen the sewer to prevent any future sewer line exposure. Psomas, with the City's input and feedback, developed a total of 4 options. Of the · options provided, the City selected Option 4 as a viable long-term solution with the least amount of impacts and permitting challenges. Option 4 deepens and realigns the sewer using trenchless methods. One of Psomas' goals will be to design the project to avoid environmental and jurisdictional impacts. As mentioned in the scope below, ECO RP is familiar with the site, having worked during the LHS phase, and will be able to verify if conditions have changed, which will be advantageous for this next phase of work.· E<:::ORP anticipates this project may be eligible for a California Environmental Quality Act (CEQA) Categorical Exemption. It is our understanding that new sewer easements will be needed, and the City has already begun discussions with the affected homeowners. One of the initial analyses to be performed by Psomas will be to identify access alternatives to the site for geotechnical and construction equipment. The sewer is located entirely on private property with limited access. A thorough constructability review will be provided identifying the best locations for construction equipment access along with impacts to private property, noise, safety, and other challenges associated with City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 (Exposed Sewer East of Marlincoit) & 1 May 21, 2019, Item #1.12 I ~ =II =II =I.I :a • ~ :a =Ill =Ill :al =II :a • • • =ti +I ii II ti the work which is primarily located in a residential area. Potential feasible equipment access points are via the existing sewer easement from Willow Run Road and via Jack Rabbit Road. Both locations will likely have private property improvement impacts. In addition, special consideration should be given to the Painted Rock Elementary School, which is located just a few hundred feet downstream of the exposed sewer. One of the manholes ( as-built # 16), connecting to the exposed sewer pipe, is located within the fence line of a homeowner/daycare provider. Special emphasis will be given to this property, assuring children are not disrupted by the field investigations or construction operations. SCOPE OF SERVICES The following scope of services is based on a close review of the of the RFP, LHS, supporting documents, and our project understanding. The scope lays out how the Psomas team will approach the project from preliminary design investigation, through construction documents, and finally into the construction phase. TASK 1 N PRELIMINARY DESIGN INVESTIGATION Psomas has proven partnerships and experience working with the following firms: • Nova Services, Inc. -Geotechnical investigation ■ ECORP Consulting, Inc. -Environmental and cultural consultants Nova Services, Inc. (Nova) brings experience working on the Martincoit Road Sewer Upsize project and is familiar with the challenges performing the field work on either side of the creek. Vehicle access to the north side will be challenging due to tree growth and private property improvements. However, on the south side Psomas believes there may be room for a vehicle with less impacts. It is anticipated that potentially one or two trees will need to be removed on the south side. Psomas is excluding tree removal, property improvements removal and coordination with residents, which Psomas will assess during this phase . Nova will perform a field reconnaissance and will layout the exploratory borings that will take place. 1he Psomas team proposes up to four engineering borings extending up to 5' below the proposed invert of the pipe. Nova also has the capability to hand carry a "tripod" rig in order to complete the borings in case vehicle . access is restricted. In addition, coring can be accomplished should rock be encountered. Borings will be permitted with San Diego County DEH as appropriate. It is assumed that soil cuttings will be dispersed on site and will not be containerized. Psomas has partnered with ECORP Consulting, Inc. (ECO RP) for the environmental and cultural services tasks. ECO RP brings experience working not only with Psomas on the Limited Hydraulics Study (LHS) project, but with the City as well. ECO RP is well established and knowledgeable in the field of environmental consulting and will provide the following: ■ ECO RP anticipates that sensitive biological resources will not be present which will be verified by conducting a brief site reconnaissance. During a site visit, vegetation communities and assumed jurisdictional resources will also be documented . • ECORP will conduct a record search from the South Coastal Information Center (SCIC) at San Diego State University. 1he records search will provide information about previous cultural resources investigations and previously recorded cultural resources within a 0.5 mile of the project area. Historical maps will also be consulted to help identify cultural resources from the historical period. ECORP will request a search of the Sacred Lands File from the Native American Heritage Commission (NAHC) in Sacramento, California. ■ ECORP will conduct a brief site visit to verify that cultural resources are not present on the surface of the ground. City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 (Exposed Sewer East of Marllncoil) • 2 May 21, 2019, Item #1.12 A brief memorandum will be prepared with anticipated environmental impacts (e.g., to flora and fauna), anticipated jurisdictional resource impacts ( e.g., waters of the U.S./State), and figures to depict biological and jurisdictional resources, if any. 1his memo will also include a discussion of cultural resources. The information in this memo could be used in support of a CEQA Categorical Exemption. The memo that will be prepared will be supported by field work that investigates biological, cultural, and jurisdictional resources. The Psomas team assumes there will be no other field work or investigation to support the categorical exemption. Exclusions • Based on current knowledge of the planned project, ECO RP Consulting, Inc. assumes technical studies for noise and air will not be required. • ECORP Consulting, Inc. assumes no archaeological resources will need to be recorded during the proposed construction. • ECORP Consulting, Inc. assumes no fossils will be recovered or recorded during this project. Deliverable: Electronic copies of anticipated environmental and jurisdictional resource impacts along with figures, and geotechnical report. TASK 2 -SCHEMATIC DESIGN SUBMITTAL Psomas will perform a topographic survey of the site and surrounding neighborhood. The topographic will include: • 1' interval contours • Roadway pavement and striping • Curb, gutter and back of walk • Utility features, valves and meters • Sewer and storm drain manholes .with rim and invert elevations • Structures (fences, pools, houses, hardscape) • Trees -Up to 3 Plat & Legals are Included We have reviewed the RFP survey exhibit performed by NVS and it appears the total survey area is about 10% of the area necessary for design. lflHl-adaiaenal-EH'E!& wes 6\tFWyed, Psemas will-ee happy te Elisesso a SA9.ftge- H1e-0Y11-6€0p&--0Elff&•e&MW &YFWf QIM&,.A4; this time, Wat if 1.egalo eH ROt iRehlded as-~r.a.-~eper- Wl:tee:#te:eMetBettts::ftfe.fHJ.ty eefine~1:P6:effl&8::eftD:::ftAft:P:&tJ,:ftiftfee::fit!fYieeer Psomas will prepare schematic designs for communicating the results of the geotechnical investigation, environmental review along with the limitations and provide access points to allow construction access. The access paths chosen for the geotechnical boring equipment will be the same paths for construction access. Adjustments to the chosen concept from the LHS, based on new information from the geotechnical investigation and environmental constraints, shall be presented in the schematic design task. Cost estimates and a technical memorandum will present the information in detail. Psomas will schedule one meeting with City staff to discuss the design concepts. Once the City is comfortable with a design concept, Psomas will proceed to Task 3. PSOMAS 18 of 22 City or Poway I RFP # 19-023 Sewer Line Repair/Replace 16i1 i (Exposed Sewer East cf Mar i111c01t) II 3 May 21, 2019, Item #1.12 Deliverable: 1hree (3) full size and three (3) reduced size bond prints and one (1) copy each of the technical memorandum and cost estimate. Electronic PDFs will be provided. TASK 3 -50% DESIGN DOCUMENTS Upon concurrence with the schematic design concept, Psomas will begin the 50% design. The schematic design will be the basis of the 50% construction docwnent design. For the 50% design, it is anticipated the following sheets will be part of the document package: • Title Sheet, Vicinity Map, General Notes ■ Erosion Control, Notes and Abbreviations ■ Plan and Profile -20 scale ■ Detail Sheets ■ Erosion Control Details ■ Erosion Control Plan Deliverable: 1hree (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and an outline of the specification in Greenbook format. Electronic PDFs will be provided. TASK 4 -90% DESIGN DOCUMENTS Upon review and concurrence of the 50% design submittal, Psomas will proceed to the 90% construction documents preparation. 1he design will build upon the previous design and provide more detail and finalize decisions made for the project. A refinement to the construction cost estimate and draft technical specifications special provisions will be provided to complete the submittal. Deliverable: 1hree (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and draft technical specifications in Greenbook format. Electronic PDFs will be provided. TASK 5 -100% DESIGN DOCUMENTS: Psomas will proceed to the 100% design phase upon review and feedback on the previous submittal. During this task, Psomas' survey team can produce Plat & Legals at the City's option, for securing new sewer easements. An accompanying cost estimate reflecting 100% design along with the complete technical specifications and special provisions in Greenbook format will be provided. Deliverable: 1hree (3) full size and three (3) reduced size bond prints and one (1) copy of the cost estimate and complete technical specifications in Greenbook format. Electronic PDFs will be provided. TASK 6 -BID DOCUMENTS: Psomas will proceed to the final bid documents phase upon review and feedback on the previous submittal. Psomas will submit the final bid documents. lhe final cost estimate along with the complete technical specifications special provisions in Greenbook format will be provided. City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 {Exposed Sewer East of Marlincoit) • 4 May 21, 2019, Item #1.12 ~ :.s, :i;tl :m :t:a +-ti m ~ ~ a a :ma a :m a :m • :m :II ::flll ::m =II a = s . I ! ~: :Ii ' . Deliverable: . Signed mylars ready for the three (3) full size and three (3) reduced size bond prints, bid special provisions, one (1) copy of the cost estimate and complete technical specifications in Greenbook format. Electronic PDFs will be provided. TASK 7 -BIDDING AND BID REVIEW: Psomas will provide bid support for up to three (3) RFis and up to two (2) addenda. Psomas will provide assistance to the City to review the received bids for completeness. TASK 8 -CONSTRUCTION ADMINISTRATION: Psomas is anticipating that a total of 20 weeks will be needed to construct the project. Psomas will provide assistance for the services under this task for the following: ■ Up t0 8 submittal reviews and 4 RPI reviews ■ Construction schedule reviews and monthly progress pays ■ Attend weekly construction meetings ■ Site visit report or narrative on contractor observations TASK 9 -RECORD DRAWINGS: Psomas will produce the project record drawings based on red marked changes by the construction manager or contractor. Deliverable: Signed mylar record drawings . PROJECT SCHEDULE The following schedule shows the proposed timelines for both the design and construction phases of work. 29-<sf d1M A s City of Poway I RFP #19-023 Sewer Line Repair/Replace 16/17 (Exposed Sewer East of Martincoil) d 5 May 21, 2019, Item #1.12 PROJECT SCHEDULE SEWER UNE REPAIR/REPLACE 16/17 (EXPOSED SEWER EAST OF MARTINCOJTI :Duration 110 j6 ~ask 1r~skName 1s1art !Finish Mode I ~ * Design Phase 109days WedS/ZZ/19 Mon 10/21/19 :01,2,2[019 101,3.2019 1·ov•.2019 101,1.2020 101,2,1020, 101,3, ~-~~~---------------~----~------1---""•~'....,"'~~LluL.LAvgJ_ Sep, o,t I Nov ! Per . Jan i Eth ~ Mar APL;...MiY. .. km_• Jul I -/1-Notice to Proceed ,t-•. P~eiiiiii~ary· Desiii~-lnvestlgation )I'-Schematic Design '"II City Review '"II 50% Design Submittal -.; City Review 8 '"II 90'll_ Design Submittal ~·ui -.; OtyRevlew -10 -.; lOO'll Design Submittal -11 -.; City Review 12 -.; Bid Documents ~ -.; Construction Phase -/1-Bid Phase ~ '"II c~ni;a·ciin 8 Phase .... .. . --~,6!!1 .. . . -.; Mobilize Construction .. -··-· 17 -.; Pipe/Manhole Replacement 18 -.; Trenchless Construction 19 -.; Demobilize ~ '"II Record Drawings l ~ay Wed 5/22/19 Wed 5/22/19 25days Mon si21/19 Fri 6/2ai19 11days Thu 6/6/19 Thu 6/20/19 S days Fri 6/21/19 Thu 6/27/19 15 days Fri 6/28/19 Thu 7/18/19 8 days Fri 7/19/19 Tue7/30/19 15 days Wed 7/31/19 Tue 8/20/19 8 days ·wed si'i'iii9 Fri siiiiJiii · ·· 16 days Mon 9/2/19 Mon 9/23/19 Bdays Tue 9/24/19 Thu 10/3/19 12 days Fri 10/4/19 Mon 10/21/19 160days Thu 11/14/19 Wed 6/24/20 22 days Thu 11/14/19 Fri 12/13/19 lldays MMiiii<Ji, ...; ,,;;.,J 6 days Thu 1/2/20 Thu 1/9/20 25 days Fri 1/10/20 Thu 2/13/20 65 days Fri 2/14/20 Thu 5/14/20 13days Fri 5/15/20 Tue 6/2/20 l6days Wed 6/3/20 Wed 6/24/20 i:=1 r.,:J r'j "t;:1-, ~1 ,. C:,•::}.I i!; !::21 rn. ~:;1 l!?Z:::I. 7SJ, r:1~ t-:1• ...... ":1., ;":7 ·~1-~:--,-· .... -,-, t.::il c·,·:i c::-•·.~ lnatliveTask. Manual Summtly Roll1.1p ----- Manual Summary External Mile~IOINt Deadline " + Project: Sewer Line Repair/Rep! Date: Mon 4/15/19 PSOMAS 21 of 22 Split MileslOM Surn""1ry Proj1tt Summaiy ♦ lna(liveMiles1one lnaclive S\lmmary Manual l'ask Dur,Hlon•only I -: Stan-on!)' c:rr-:~1 Rnfsh•only ~~~-Extemal l'asb [ J ProgrtSI Manual Progress City of Poway I RFP #19·023 Sewer Line Repair/Replace 16117 (Exposed Sewer East or Marllncott) II 6 May 21, 2019, Item #1.12 Task 3: 50'¼ Desi n Submittal Title sheet, vicini map, general notes Erosion control, notes and abbrei.;ations Plan and refile -2 sheets Plan and profile -2 sheets Plan and refile -2 sheets Details sheet S acifications Cost Estimate and Quanti Takeoff QA/QC make cha es submit lans Attend meetin Relmbursables su totat.,Tli'ilit.·5:¾,1 ow.:l)eiirn•submt Task 6: Bid Documents Address comments roduce m ars QNQC Make cha es Final Bid Documents Submittal Reimbursables sutit6tat,ra,we Rslif;bcl'cu·ilfents,,;;t 't 22 of 22 Attachment 2 CITY OF POWAY Design Services for the Sewer Line Repair/Replace 16/17 osal Revision 1 data. 24 2 2 2 2 2 2 ,, .• ';$! ,;.,J. 2 4 2 2 l 16 44 2 2 16 8 4 1 2 2 10 4 4 1 4 4 4 "' C 'iii ., ., e a. .. I!! ... .0 :, 0 :, 0 .a VI :r ... .. + ~ 0 ~o ~ .a cc 0 .. 00 0 I-..J Z~ I- 8 $ 1,320 $ 14,100 $ 15,420 8 1320 $ 17670 18990 ,ii~'.\\:¥:1'&, • ~\!l/.,2:ij~o: {•;\i'i\11;!',31\tl~i ;$ft.c'\(~~~~~o; 22 730 $ 22 730 18 $ 2,440 2,440 78 $ 12,090 12,090 6 $ 1,160 1,160 $ 200 $ 200 $ 440 $ 440 $ 620 $ 620 18 $ 2,440 $ 2,440 10 $ 1,400 $ 1,400 7 $ 840 840 6 880 880 580 580 1160 200 ;Sl[Q, $ 440 $ 440 $ 440 $ 440 12 $ 1,660 $ 1,660 10 $ 1,400 $ 1,400 $ 1,020 $ 1,020 6 $ 880 $ 880 3 $ 580 580 $ 1160 200 ,., ,t~o . 2 $ 310 310 2 $ 310 310 6 $ 880 880 $ 700 700 10 1,380 1,380 4 620 620 580 May 21, 2019, Item #1.13 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May 21, 2019 Honorable Mayor and Members of the City Council Donna Goldsmith, Director of Finance~ J Donna Goldsmith, Director of Finance (858) 668-4411 or dgoldsmith@poway.org City's Investment Report as of March 31, 2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED _____ _ Resolution No. Quarterly reports of investments are required to be presented to the City Council. For your information, attached is an investment portfolio report as of March 31, 2019. Recommended Action: It is recommended that the City Council accept and file the attached report. Discussion: Pursuant to Government Code Sec. 53646(b) and the City's Investment Policy, the Finance Director (i.e., Treasurer) renders a quarterly investment report to the City Council concerning the investment portfolio's earnings and performance results. In accordance with the Investment Policy, the quarterly report includes information such as the investment type, issuer, date of maturity, par value, amount invested, current market value, and the source of the market value information. The City is in compliance with its adopted investment policy, and the City's investment program provides sufficient liquidity to meet its cash flow requirements for the next six months. The fair value of the City's investment portfolio as of March 31, 2019, was $112,130,762. It consisted of the following: Investment Portfolio Total Deposits at CalTRUST 22,189,943 Deposits at the Local Agency Investment Fund (LAIF) 17,903,428 U. S. Treasury Notes 12,473,258 U. S. Instrumentalities 38,221,348 Corporate Notes 21,342,785 Fair Value of Investment Portfolio as of March 31, 2019 112,130,762 The attached portfolio report (attachment B) and investment report (attachment C) were prepared by the City's investment manager, Insight Investment, with input from the City's Finance Department. The portfolio report includes all investments while the investment report includes only those investments managed by Insight Investment. All City funds, except those identified in Attachment D, are pooled and invested, with earned interest allocated quarterly based on the average daily cash balance in each fund. The funds on deposit at LAIF and CalTRUST earn interest at variable rates. The interest rate for the month ending March 1 of 28 May 21, 2019, Item #1.13 2019 is estimated at 2.44% for LAIF, 2.55% for the CalTRUST short-term fund , and 2.34% for the CalTRUST medium-term fund. The values of fixed income securities, as legal investment tools authorized under California government codes, are closely tied with interest rates . As interest rates go up, the market values of the securities go down . The difference between amortized cost and fair value is considered an unrealized gain or loss. A realized loss is when the principal of the security is redeemed before its maturity date at a fair value lower than its amortized cost value. The amortized cost value of the externally managed investment portfolio is $72,255 ,077; the fair value is $72,037,391 for an unrealized loss of ($2 17,686) or .30% of the total amortized cost value. The source of the fair value information for the U.S. Treasury Notes, the U.S . Instrumentalities, Corporate Notes, and Municipal Bonds is Interactive Data Corporation . Also included with this report are recaps of the City's cash and investments held by fiscal agents, non-managed investments, and cash on hand. The total book value of the cash and investments held by our fiscal agent, U.S. Bank, at March 31, 2019, was $472,630. The source of the market value information for these investments was U.S. Bank. The total book value of the non-managed investments was $194,001 at March 31, 2019. The City's cash on hand at March 31, 2019, totaled $690,629 . The March 31, 2019, balance of the City's Library Trust Fund is $259,101. Through the Fiscal Year 2018-19 period ending March 31, 2019, no transfer of interest earnings has been made to the General Fund . At the close of Fiscal Year 2018-19, 90% of the Library Trust Fund's interest earnings will be transferred to the General Fund . Env ironme nta l Review: This item is not subject to CEQA review. F isca l Im pact : The externally managed investment portfolio earned $121,176 interest during March 2019 as well as $97,455 during February 2019 and $107,377 during January 2019. P ub lic Notifi cation: None. Attachments: A. Investment Statistics B. Investment Portfolio Report prepared by Insight Investment C. Investment Report Prepared by Insight Investment D. City of Poway Investments and Cash with Fiscal Agent; General, Payroll, and Petty Cash Report at March 31 , 20 19 Reviewed/ Approved By: Wendy serman Assistant City Manager 2 of 28 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chri ft&c City Manager May 21, 2019, Item #1.13 City of Poway Investment Statistics Separately Managed Investment Pools Fair Value: CalTRUST Short-Term Deposits CalTRUST Medium-Term Deposits Deposits at the Local Agency Investment Fund (LAIF) Total Fair Value Weighted Average Yield Effective Average Duration in days Weighted Average Maturity in days Externally Managed Investment Pools Fair Value: U. S. Treasury Notes U.S. Instrumentalities Corporate Bonds Municipal Bonds Total Fair Value Amortized Cost Value: U. S. Treasury Notes U. S. Instrumentalities Corporate Bonds Municipal Bonds Total Amortized Cost Value Unrealized Gain (Loss) Accrued Interest Earned Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years Total Fair Value of Portfolio Assets Weighted Average Yield Effective Average Duration in years Weighted Average Maturity in years Glossary of Yield Terminology March 2018 10,775,394 10,818,564 15,849,451 37,443,409 1.63% 1 1 13,899,550 35,405,631 21,357,917 1,997,776 72,660,874 13,989,573 35,794,528 21,613,527 2,000,000 73,397,628 (736,754) 103,703 1.52% 1.30 1.34 110,104,283 1.56% 0.86 0.89 December 2018 10,949,376 11,000,094 8,345,438 30,294,908 2.29% 1 1 11,918,645 38,598,231 21,260,046 0 71,776,922 11,981,543 38,831,128 21,442,600 0 72,255,271 (478,349) 111,115 1.87% 0.88 0.91 102,071,830 1.99% 0.62 0.64 Coupon: A bond's coupon is the periodic interest payment made to the holder of the fixed income security during the life of the bond. Coupon payments can be made monthly, quarterly, or annually. Book Yield: The Book Yield is that rate of return that will make the present value of the future cash flows of a fixed income security equal to the price paid for the security. This assumes that the security will be held to its maturity. Current Yield: Annual rate of return on an investment expressed as a percentage. Current Yield of a fixed income security is the annualized earnings (coupon) divided by the bond's market value as of the valuation date. One Year Total Yield: The One Year Total Yield or One Year Return represents the portfolio's percentage change over a year's time, factoring in interest payments, changes in market value and reinvestment of distributions. March 2019 11,050,617 11,139,326 17,903,428 40,093,371 2.44% 1 1 12,473,258 38,221,348 21,342,785 0 72,037,391 12,497,341 38,326,583 21,431,153 0 72,255,077 (217,686) 121,176 1.95% 0.88 0.92 112,130,762 2.13% 0.57 0.59 Weighted Average Yield: The total yield on a bond portfolio divided by the number of bonds contained in it, weighted for the size of each bond so that the yield of large holdings does not drown out the calculation of yields on small holdings. Yield to Maturity: The Yield to Maturity (YTM) or Market Yield to Maturity of a fixed income security is that rate of interest that will make the present value of the future cash flows equal to the market value as of the valuation date, assuming the bond is held to maturity. 3 of 28 ATTACHMENT A May 21, 2019, Item #1.13 City of Poway Monthly Investment Portfolio Report March 31, 2019 Seperately Managed Investment Pools % Ret u rn LAIF $ 17,903,428 45% 2.44% CalTrust -Short $ 11,050,617 28% 2.55% CalTrust -Medium $ 11,139,326 28% 2.34% Total In ternally Managed $ 40,093,371 36% Weighted Average Yield 2.44% Days Effective Average Duration -Internal 1 Weighted Average Maturity -Internal 1 Externally Managed Assets % Ret urn Treasury Securities $ 12,473,258 17% 2.02% Instrumentality Securities $ 38,221,348 53% 1.91% Corporate Notes $ 21,342,785 30% 1.99% Total Externally Managed $ 72,037,391 64% Weighted Average Yield 1.95% Years Effective Average Duration -Externa l 0 .88 Weighted Average Final Maturity -External 0.92 Total Portfolio Assets % Re turn LAIF $ CalTrust -Short $ CalTrust -Medium $ Treasury Securities $ Instrumentality Securities $ Corpor ate Notes $ Total Portfolio Assets $ Weighted Average Yield Effective Average Duration -Total Weighted Average Maturity -Total Portfolio Change Beginning Balance Ending Balance Assets values shown at Market 4 of 28 17,903,428 16% 2.44% 11,050,617 10% 2.55% 11,139,326 10% 2.34% 12,473,258 11% 2.02% 38,221,348 34% 1.91% 21,342,785 19% 1.99% 112,130,762 2.13% Years 0.57 0.59 $ $ CalTrust -Short, 28% Corporate Notes, 30% Corporate Notes 23% Instrumentality Securities 40% 110,883,453 112,130,762 ATTACHMENT B LAIF, 45% Treasury CalTrust -Short CalTrust - 12% Medium 12% Treasury Securities 13% May 21, 2019, Item #1.13en 0 -N 00 CITY OF POWAY March 2019 Part of~♦ BNY MELLON FOR PROFESSIONAL CLIENTS ONLY NOT TO BE DISTRIBUTED TO RETAIL CLIENTS THIS DOCUMENT SHOULD NOT BE REPRODUCED IN ANY FORM WITHOUT PRIOR WRITTEN APPROVAL Insight INVESTMENT May 21, 2019, Item #1.13O> Contents 0 -N 00 Fixed income market review 3 Activity and performance summary 4 Recap of securities held 6 Maturity distribution of securities held 7 Securities held 8 GASB 40-Deposit and investment risk disclosure 14 Securities purchased 19 Securities sold and matured 20 Transaction report 21 Additional information 22 May 21, 2019, Item #1.13FIXED INCOME MARKET REVIEW As of March 31, 2019 ...... 0 -N 00 Chart 1: Consumer Price Index: 02128/2014-02/2812019 3.50 3.00 2.50 '-' -:L> 2.00 "' ,. ~ 1.50 ~ >, I.Oil ~ <> >-0.50 000 050 r-eb-14 Fch-15 Fc:b-16 Fch--17 Fch-18 Feb-19 --CPI --CPI Ex Food and Energy Source:Bloomberg Finance LP, March 31, 2019. Chart 2: Treasury yield curve: 03/31/2018 and 03/31/2019 3.50% 3.00% 2.50% 2.00% 1.5~ I.~ 0.50'l---3131/2019 --3131/2018 o.~ -f----r---.--..----.----.--...---.-----.---.----r---, 3 m 6 m i yr 2 yr 3 yr 4 yr 5 yr 6 yr 7 yr 8 yr 9 yr 10 yr Source· Bloomberg Finance LP, March 31, 2019. CITY oc '='OWAY Economic Indicators and Monetary Policy Although interest rates started the month with a stable tone, rates ultimately fell across the curve during March. Weakness In certain economic indicators domestically, continuing political turmoil and softening manufacturing data in Europe, along with dovish comments from the Federal Reserve drove rates lower. The yield on the 2-year US Treasury note was 2.56% on March 1 and ended the month 30 bp lower. The employment report on March 8 disappointed, showing that non-farm payrolls increased by 20,000 compared to market expectations of 180,000 new jobs. Meanwhile the prior month's gain of 304,000 jobs was increased to 311,000. The unemployment rate decreased in February to 3.8% and the underemployment rate fell to 7.3%. Average hourly earnings increased 0.4% in February for an annual gain of 3.4%. On March 12 the February Consumer Price Index data reflected a 0.2% monthly increase which was in line with expectations. On a year-over-year basis, the CPI increased 1.5% in February, compared to the prior reading of 1.6%. February was the first monthly increase in US consumer prices since October, and the modest size of the increase resulted in the smallest annual gain in well over two years. For the prior three months the monthly CPI reading was zero. Excluding the volatile food and energy components, the core CPI increased 0.1 % in February for an annual gain of 2.1%. The prior and expected core CPI readings were both 2.2% on an annual basis. (See Chart 1.) On March 20 the Federal Open Market Committee {FOMC) voted unanimously to hold the Fed funds target rate in a range of 2.25% to 2.50%. The FOMC updated its median policy rate projections to reflect no expected hikes this year, down from two anticipated rate increases projected last quarter. The FOMC still forecasts the next move to be a rate increase. with a single 25 bp hike projected in 2020. The FOMC also announced its intention to reduce the pace of its balance sheet reduction and halt the reduction in September. Interest Rate Summary At the end of March, the 3-month US Treasury bill yielded 2.39%, the 6-month US Treasury bill yielded 2.43%, the 2-year US Treasury note yielded 2.26%, the 5-year US Treasury note yielded 2.23% and the 10-year US Treasury note yielded 2.41%. (See Chart2}. 3 May 21, 2019, Item #1.13ACTIVITY AND PERFORMANCE SUMMARY For the period March 1, 2019 -March 31, 2019 00 0 -N 00 Amortized Cost Basis Activity Summary Opening balance Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfolio transfers Realized gain (loss) Total amortization expense Total 01D/MKT accretion income Return of capital Closing balance Ending fair value Unrealized gam (lossl 50,762.18 958,626.73 Comparative Rates of Return 1%} *Twelve *Six month trailing month trailing Fed Funds Ovemighr Repo Merrill Lynch 3m us Treas Bill Merrill Lynch 6m US Treas Bill ML 1 Year US Treasury Note ML 2 Year US Treasury Note ML 5 Year US Treasury Note ~ rates reflected are cumulative 2.07 2.16 2.13 2.25 2.48 2.61 2.73 1.14 1 20 1.16 1.21 1.29 1.31 1.32 71,241,603.79 50,762.18 0.00 958,626.73 0.00 (9,068.47) 13,152.50 0.00 72,255,076.73 72,037,390.94 (217,685.791 *One month 0.20 0.21 0.20 0.20 0.21 0.20 0.20 Detail of Amortized Cost Basis Return Interest Accretion Realized earned (amortization) gain (loss) Corporate Bonds 43,125.92 (3,694.55) 0.00 Government Agencies 60,213.40 5,581 61 0.00 Government Bonds 17,836.80 2,196.97 0.00 Total 121,176.12 4,084.03 0.00 Summary of Amortized Cost Basis Return for the Period Interest earned Accretion (amortization) Realized gain (loss) on sales Total income on portfolio Average daily amortized cost Period return (%) YTO return (%) Weighted average final maturity [n days ::rrvo=PONAY Total income 39,431.37 65,795.01 20,033.77 125,260.15 Total portfolio 121,176.12 4,084.03 0.00 125,260.15 72,246,773.16 0.17 0.47 334 May 21, 2019, Item #1.13ACTIVITY AND PERFORMANCE SUMMARY For the period March 1, 2019 -March 31, 2019 U> 0 -N 00 Fair Value Basis Activity Summary Opening balance Income received Total receipts Total disbursements lnterportfolio transfers Total lnterportfolio transfers Unrealized gain (loss) on secunty movements Return of capital Change in fair value for the penod Ending fair value 50,762.18 958,626.73 Comparative Rates of Return t%l *Twelve *Six month trailing month trailing Fed Funds 2.07 1.14 Overnight Repo 2.16 1.20 ICE ML 3m us Treas Bill 2.12 1.17 ICE ML 6m US Treas Bill 2.26 1.27 ICE ML 1 Year US Treasury Not~ 2.44 1.61 ICE ML us Treasury 1 ·3 2.72 2.29 ICE ML US Treasury 1 ·5 3.14 2.96 • rates reflected are cumulative 70,899,627.90 50,762.18 0.00 958,626.73 0.00 0.00 128,374.13 72,037,390.94 *One month 0.20 0.21 0.22 0.24 0.35 0.61 0.85 Detail of Fair Value Basis Return Interest Change in earned fair value Corporate Bonds 43,125.92 25,663.54 Government Agencies 60,213.40 75,052.50 Government Bonds 17,836.80 27,658.09 Total 121,176.12 128,374.13 Summary of Fair Value Basis Return for the Period Interest earned Change in fair value Total income on portfolio Average daily total value* Period return (%1 YTD return 1%) Weighted average final maturity in days * Total value equals market value and accrued interest CTY DF PQ\•,AY Total income 68,78946 135,265.90 45,494.89 249,550.25 Tota I portfol1 o 121,176.12 128,374.13 249,550.25 72,310,065.96 0.35 084 334 May 21, 2019, Item #1.13RECAP OF SECURITIES HELD As of March 31, 2019 -0 0 -N 0) Corporate Bonds Government Agencies Government Bonds Historical cost Amortized cost Fair value 21,528,104.28 21,431,152.79 21,342,784.94 38,261,387 .SO 38,326,582.67 38,221,347.50 12,479,609.39 12,497,341.27 12,473,258.50 Unrealized gain (loss) (88,367 85) (105,235.17) (24,082.77) Weighted Percent average of final portfolio maturity (days) 281 351 374 29.79 52.94 17.27 ' . 72,269;101.17"_-;?.~,?~S,076~73-72,037,390.94 --(217,68='.7J)_ -• --....,334 Portfolio diversification (%) ■ Corporate Bonds ■ Government Agencies ■ Government Bonds Total 29.79 52.94 17.27 100.00 Weighted average effective duration (years) 0.74 0.93 0.99 t .• C-TY OF 00V·/AY 6 May 21, 2019, Item #1.13MATURITY DISTRIBUTION OF SECURITIES HELD As of March 31, 2019 .... .... 0 -N 00 Maturity Under 90 days 90 to 179 days 180 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over Syears Historic cost Percent 9,466,423.60 13.10 13,046,803.47 18.05 23,404,376.81 32.39 19,865,492.75 27.49 6,486,004.54 8.98 0.00 0.00 0.00 0.00 0.00 0.00 ~---72,269,101.17 100.00 ~-----~· -Maturity distribution 25.00 o'I>~ o'I>~ ~ rl' rg' g,~ ~., ~., ..... 4-'li '\~ 4-lli 4-lli 4-lli ,,, cf $..~ ~ ,o o'l,, ";) b,. ,,, ~# ~~ ., ,"' 'l,,~ ~ ,o ~~ 'i::t· ";) b,. 0 'b~ "' C,TV CF PO'NA\ 7 May 21, 2019, Item #1.13SECURITIES HELD CITY Of POWAY As of March 31, 2019 ..... N oCusip/ Coupon Maturity/ Par value or Historical cost/ Amortized cost/ Fair value/ Unrealized Interest Interest Total % ;:l>escription Call date shares Accrued interest Accretion Change in fair gain received earned accrued Port 0C) purchased (amortization) value (loss) interest cost Corporate Bonds 89236TOE2 1 .400 0512ono19 2,000,000.00 2,006,040.00 2,000,297.54 1,996,776.00 13,521.54) 0.00 2,566.67 10,188.89 2.78 TOYOTA MOTOR CREDIT CORP 0.00 1178.52) 1,228.00 1.4% 20MAY2019 68389XAGO 5.000 07/0812019 1,000,000.00 1 ,038,880.00 1,007,427.37 1,006,143.00 (1,284.37) 0.00 4,583 34 11,527.78 1.44 ORACLE CORP 5% 08JUL2019 0.00 (2,273.68) (1,838.00) 037833C84 1100 08/02/2019 1,000,000.00 989,640.00 998,441.53 994,939.00 (3,50253) 0.00 1,00834 1,741.67 1 37 APPLE INC 1.1%02AUG2019 0.00 383.23 1,391.00 0258MODP1 2.250 08/15/2019 2,008,000 00 2,025,389.28 2.010,579. 73 2,004,823.34 (5,756.39) 0.00 4,141.50 5,773.00 2.80 AMERICAN EXPRESS CREDIT 0.00 2.25% 15AUG2019 (573.271 1,190.74 48127HAA7 2.200 10/22/2019 1,000,000.00 990,780.00 996,127.98 997,170.00 1,042.02 0.00 2,016.67 9,716.67 1.37 JPMORGAN CHASE & CO 2.2% 0.00 575.05 560.00 220CT2019 90331HML4 2.125 10/28/2019 1,900,000.00 1,886,035.00 1,892,085.23 1,895,485.60 3,400.37 0.00 3,701.05 17,15938 261 US BANK NA ClNCINNATI 09/2812019 2.125% 280CT2019 (CALLABLE 0.00 1,141.55 2,758.80 28SEP19) 02665WBZ3 2.000 11/13/2019 1,000,000.00 993,010.00 997,427.n 996,066.00 (1,361.77) 0.00 1,833.34 7,666.67 1.37 AMERICAN HONDA FINANCE 0.00 346 ()4 497.00 2% 13NOV2019 14912L6F3 2 250 12101 /2019 1,000,000.00 1,011,910.00 1,003,479.16 997,646.00 (5,833.16) 0.00 2,062.50 7,50000 1 40 CATERPILLAR FINL SERVICE 0.00 2.25% 01 DEC2019 (433.09) 903.00 717081EB5 1.700 12115/2019 1,000,000.00 999,940.00 999,983.79 991,697.00 (8,286.79) 0.00 1,558.34 5,005.56 1.38 PFIZER INC 1.7% 15DEC2019 0.00 1.90 {731.00) 17275RAH5 4.450 01/15/2020 1 .000.000.00 1.070, 170.00 1,020,532.29 1,013,150.00 {7,382.29) 0.00 4,079.16 9,394.44 1.48 CISCO SYSTEMS INC 4.45% 0.00 (2,161.29) (1,759.00) 15JAN2020 May 21, 2019, Item #1.13SECURITIES HELD CITY OF POWAY As of March 31, 2019 .... w Amortized cost/ Fair value/ Unrealized ocusip/ Coupon Maturity/ Par value or Historical cost/ Interest Interest Total % ;l,escription ca11 date shares Accrued interest Accretion Change in fair gain received earned accrued Port 00 purchased (amortization) value (loss) interest cost Corporate Bonds 594918AY0 I .850 0211 212020 1,500,000.00 1,506,140.00 1,501,820.89 1,492,858.50 (8,962.39) 0.00 2,543.75 3,777.08 2.08 MICROSOFT CORP 1.85% 01/12/2020 0.00 (193.71) 4,098.00 12FEB2020(CALLABLE 12JAN20) 25468POP8 1.950 03104/2020 1,500,000.00 1,504,635.00 1,501,525.21 1,489,921.50 (11,603.711 14,625.00 2,681.25 2,193.75 2.08 TWDC ENTERPRISES 18 CORP 0.00 (137.001 540.00 1.95% 04MAR2020 713448C55 1.850 04/30/2020 1,500,000.00 1,499,655.00 1,499,874.37 1,490,616.00 (9,258.37) 0.00 2,466.67 11,562.50 2.08 PEPSICO INC 1.85% 03130/2020 0.00 9.66 4,935.00 30APR2020 (CALLABLE 30MAR20) 69353RES3 2.600 07/21/2020 1,000,000.00 1,016,010.00 1,007,226.62 999,150.00 (8,076.62) 0.00 2,383.34 5,055.56 1.41 PNC BANK NA 2.6% 21 JUL2020 06121/2020 0.00 [491.61) 3,014.00 !CALLABLE 21JUN20) 053015A05 2.250 09/1 S/2020 1,000,000.00 1,002,630.00 1,001,320.33 994,303.00 (7,017.33) 11,250.00 2,062.50 1,000.00 1.39 AUTOMATIC DATA 08/1Sl2020 0.00 (80.02) 562.00 PROCESSNG 2 25% 1 SSEP2020 (CALLABLE 15AUG20) 191216BT6 .875 10/27/2020 2,000,000.00 1,987,240.00 1,993,002.98 1,982,040.00 (10,962.98) 0.00 3,437.50 16,041.67 2.75 COCA-COLA CO/THE 1 .875% 0.00 270CT2020 370.21 8,314.00 Total Corporate Bonds 21,408,000.00 21 ~ 43,125.92 125,304.62 29.79 Government Agencies 3133EEWG1 1.300 04/01/2019 2,000,000.00 1,984,640.00 2,000,000.00 2,000,000.00 0.00 0.00 2,383.33 13,00000 2.75 FEDERAL FARM CREDIT BANK 0.00 1,125.67 1,880.00 1.3% 01APR2019 3134G9LD7 1.250 05/2412019 2,000,000.00 2,000,000.00 2,000,000.00 1,996,500.00 (3,500.00) 0.00 2,291.66 8,819.44 2.77 FREDDIE MAC 1.25% 0.00 0.00 1,680.00 24MAY2019 CALLABlE 110001 9 May 21, 2019, Item #1.13SECURITIES HELD ':ITY o:s FOWA ~• As of March 31, 2019 .... .,:,. OC:usip/ Coupon Maturity/ Par value or Historical cost/ Amortized cost/ Fair value/ Unrealized Interest Interest Total % ;l>escription Call date shares Accrued interest Accretion Change in fair gain received earned accrued Port 00 purchased (amortization) value (loss) interest cost Government Agencies 3130AEJ84 2.375 06/2512019 1.000.000.00 1,000,060.00 1,000,014.13 999,970.00 (44.13) 0.00 2,1no8 6,333.33 1 38 FEDERAL HOME LOAN BANK 0.00 [4.98) 180.00 2.375% 25JUN2019 3133EHPW7 1.420 07/03/2019 1,000,000.00 998,942.00 999,860.04 997,650.00 (2,210.04) 0.00 1,301.67 3,471.11 1 38 FEDERAL FARM CREDIT BANK 0.00 45.15 1,Q3000 1. 42% 03JUL2019 (CALLABLE 09APR19) 3135GOl.76 1.075 07111/2019 1,000,000.00 1,000,000.00 1,000,000.00 996,160.00 (3,840.00) 0.00 985.42 2,388.89 1.38 FANNIE MAE 1 075% 04111/2019 0.00 0.00 1,340.00 11JUL2019CALLABLE 3134G9Q75 1.250 07/26/2019 1,000,000.00 997,000.00 999,502.86 995,920.00 (3.582.861 0.00 1,145.83 2,256.94 1-38 FREDDIE MAC 1.25% 04/26/2019 0.00 128.57 1,100.00 26JUL2019(CALLABLE 26.APR19}#0000 3137EADK2 1.250 08/01/2019 1,000,000.00 1.006. 100.00 1,000,628.71 995,980.00 (4,648.71) 0.00 1,145.83 2,083.33 1.39 FREDDIE MAC 1.25% 0.00 01AUG2019 (155.87) 1,250.00 3130AEU73 2.375 08/27/2019 2,000,000.00 1,998,360.00 1,999,339.51 1,999,240.00 (99.51) 0.00 4,354.17 4,486.ll 2.77 FEDERAL HOME LOAN BANK 0.00 134.80 420.00 2.375% 27AUG20l9 3136G36X8 1 140 09/13/2019 2,000,000.00 1,998,000.00 1,999,698.15 1,988,140.00 (11,558.15) 11,400.00 2,090.00 1,140.00 276 FANNIE MAE 1.14% 13SEP2019 06113/2019 0.00 55.56 2,800.00 (CALLABLE 13JUN19) 3134G3N30 1 .500 1 0/03/201 9 1 ,000,000.00 993,500.00 998,158.67 995,030.00 (3,128.67) 0.00 1,375.00 7,416.67 1.37 FREDDIE MAC 1.5% 0.00 301.86 1,170.00 030CT2019 CAUABLE 3135GOR39 1.000 10/2412019 1,000,000.00 983,180.00 996,372.85 991,827.00 (4,545.85) 0.00 916.67 4,361.11 1.36 FANNIE MAE 1% 240CT2019 0.00 533.40 1,754.00 3130AA2HO 1.125 11/2912019 1,000,000.00 997,150.00 999,380.77 991,720.00 (7,660.77) 0.00 1,031.25 3.812.50 1.38 FEDERAL HOME LOAN BANK 0.00 77.72 2,080.00 1.125% 29NOV20l9 10 May 21, 2019, Item #1.13SECURITIES HELD cnvo=r-ow;..· As of March 31, 2019 -en oCusip/ Coupon Maturity/ Par value or Historical cost/ Amortized cost/ Fair value/ Unrealized Interest Interest Total % J,escription Call date shares Accrued interest Accretion Change in fair gain received earned accrued Port co purchased (amortization) value (loss) interest cost Government Agencies 3136G4DA8 1 .200 1213012019 1.000.000.00 998,250.00 999.592.32 991,120.00 (8,472.32) 0.00 1,066.67 3,000.00 l.38 FANNIE MAE 1.2% 30DEC2019 06/30/2019 0.00 45.30 1,680.00 (CALLABLE 30JUN19) !!0001 3133EGlA1 1.170 01/13f2020 2,000,000.00 1,999,780.00 1,999,948.03 1,981,320.00 (18,628.03} 0.00 2,145.00 5,070.00 V7 FEDERAL FARM CREDIT BANK 0.00 5.51 4,460.00 1. 17% 13JAN2020 (CALLABLE 09APR19) 3137EAEE5 1.500 01/1712020 3,000,000.00 2,957,514.00 2,972,363.35 2,977,461.00 5,097.65 0.00 4,125.00 9,250.00 4.09 FREDDIE MAC 1.5% 17JAN2020 0.00 2,888.85 4,731.00 3130AECJ7 2.625 05128/2020 1,500,000.00 1,497,100.50 1,498,032.48 1,503,232.50 5,200.02 0.00 3,609.38 13,45313 2.07 FEDERAL HOME LOAN BANK 0.00 2.625% 28MAY2020 141.21 1,999.50 3130A8Y34 1.613 0512912020 2,000,000.00 1,994,820.00 1,997,683.65 1,981,040.00 (16,643.65) 0.00 2,957.17 10,932.56 2.76 FEDERAL HOME LOAN BANK 0.00 1.613% 29MAY2020 165.85 4,380.00 3136G4KD4 1.750 0612912020 1,900,000.00 1,899,525.00 1,899,825.76 1,884,230.00 (15,595.76) 0.00 3,047.91 8,497.22 2.63 FANNIE MAE 1.75% 29JUN2020 0612912019 0.00 11.65 4,845.00 (CALLABLE 29JUN19) 3133EHYM9 1.500 09/14/2020 2,000,000.00 1,993,720.00 1. 996,938.87 1,976,280.00 (20,658.87) 15,000.00 2,750.00 1,416.67 276 FEDERAL FARM CREDIT BANK 0.00 175.26 8,380.00 1.5% 145EP2020 3130AEWA4 2.625 1010112020 2,000,000.00 1,990,580.00 1,992,621.91 2,008,336.00 15,714.09 0.00 4,812.50 26,250.00 275 FEDERAL HOME LOAN BANK 0.00 394.77 6,818.00 2.625% 01 OCT2020 3133EGM51 .650 12/0112020 1,000,000.00 996,971.00 998,733.17 988,820.00 (9,913.17} 000 1,512.50 5,500.00 1.38 FEDERAL FARM CREDIT BANK 0.00 63.23 4,660.00 1.65% 01 DEC2020 3130A3UQ5 1.875 12/1112020 1,000.000.00 997,820.00 998,783.58 992,107.00 (6,676.581 0.00 1,718.75 5,72917 138 FEDERAL HOME LOAN BANK 0.00 59.73 3,940.00 1.875% 11DEC2020 May 21, 2019, Item #1.13SECURITIES HELD CJTVQF POWAY As of March 31, 2019 .... 0) oCusip/ Coupon Maturity/ Par value or Historical cosv Amortized cosv Fair value/ Unrealized Interest Interest Total % ;j,escription Call date shares Accrued interest Accretion Change in fair gain received earned accrued Port 00 purchased (amortization) value Ooss) interest cost Government Agencies 3l33EKAJ5 2.500 02111/2021 1,000,000.00 999,265.00 999,313.11 1,003,490.00 4,176.89 0.00 2,291.66 3,472.22 1.38 FEDERAL FARM CREDIT BANK 0.00 30.71 3,570.00 2.5% 11 FEB2021 3133EJJ02 2.540 04/0512021 1,000,000.00 1,004,390.00 1,004,359.93 1,003,420.00 (939 93) 000 141.11 12,417.78 1.39 FEDERAL FARM CREDIT BANK (12,276.671 (30.07) (970.00) 2.54% 05APR2021 313379R87 1.875 06Jl 1/202i 1,000,000.00 985,600.00 986,210.17 989,630.00 3,419.83 0.00 1,718.75 5,729.17 1.36 FEDERAL HOME LOAN BANK 0.00 523.00 5,210.00 1.875% 11 JUN2021 3133EJ<CBO 2.500 07/0112021 1,000,000.00 999,030.00 999,069.03 1,003,364.00 4,294.97 0.00 2,08333 2,08333 1.38 FEDERAL FARM CREDIT BANK 0.00 34.44 4,861.00 2.5% 01JUL2021 3130AABG2 1.875 11/29/2021 1,000,000.00 990,090.00 990,151.62 989,360.00 (791.62) 0.00 208.34 6,354.17 1.37 FEDERAL HOME LOAN BANK (6,145.83) 61.62 (730.001 1.875%29NOV2021 Total Government Agencies 38,400,000.00 •26,,40000 55,385.98 t78,n4.85 52.94 Government Bonds 912828023 1 .625 0413()(2019 1,500,000.00 1.491,855.47 1.499, 108.26 1,499,002.50 (105.76) 0.00 2,087.36 10,16747 2.06 USA TREASURY 1.625% 0.00 921.46 1,078.50 30APR2019 912828R85 0.875 06/15/2019 1,000,000.00 983,828.13 997,471.07 996,717.00 (754.07) 0.00 745.19 2,548.08 1.36 USA TREASURY 0.875% 0.00 1,031.54 1,053.00 15JUN2019 912828WS5 1.625 06J30/2019 1,000,000.00 994,492.19 999,030.54 997,773.00 (1,257.54) 0.00 1,391.58 4,040.06 1.38 USA TREASURY 1.625% 0.00 330.26 703.00 30JUN2019 912828F39 1.750 09/30/2019 2,000,000.00 2,017,265.62 2,003,771.14 1,992,734.00 (11,037.14) 0.00 2,980.77 17,500.00 2.79 USA TREASURY 1.75% 0.00 (638.82) 2,030.00 30SEP2019 12 May 21, 2019, Item #1.13SECURITIES HELD As of March 31, 2019 ..... ..... oCusip/ Coupon Maturity/ ;l>escription Call date 0C) Government Bonds 912828G61 1 .500 11 (30/2019 USA TREASURY 1 .5% 30NOV2019 9128283Y4 2.250 02/2912020 USA TREASURY 2.25% 29FEB2020 9128282Q2 1.500 08/1512020 USA TREASURY 1.5% 15AUG2020 912828F21 2.125 09/30/2021 US TREASURY NIB 2.125% 30SEP2021 9128285F3 2.875 10/15/2021 USA TREASURY 2.875% 150CT2021 Total Govemment Bonds Par value or shares 1,000,000 00 1,500,000.00 2,000,000.00 1,000,000.00 1,500,000.00 12,500,000 00 :, 72,308,000.00 --~ -... : . Historical cost/ Accrued interest purchased 1,002,968.75 0.00 1,492,148.44 0.00 1,990,156.25 0.00 991,015.63 0.00 1,515,878.91 117,652.82) 72,269,101.17 (36,075.321 Amortized cost/ Accretion (amortization) 1,000,799.53 (101.58) 1,495,200.23 444.16 1,995,145.68 299.17 991,319.54 294.41 1,515,495.28 [383.63) 72,255,076.73 5,31536 C!TVQF POWAY Fair value/ Unrealized Interest Interest Total % Change in fair gain received earned accrued Port value (loss) interest cost 993,750.00 (7,049.53) 0.00 1,277.47 4,986.26 1.39 1,445.00 1,497,891.00 2,690.77 0.00 2,843.07 2,843.07 2.06 2,344.50 1,975,938.00 (19,207 68) 0.00 2,569.06 3,646.41 2.75 6,016.00 996,719.00 5,399.46 0.00 1,809.75 10,625.00 1.37 6,133.00 1,522,734.00 7,238.72 0.00 2,132.55 19,785.37 2.10 6,855.09 17,836.IIO 76,141.n 17.2.7 72,037,390.94 (217,685.79) 52,275.00 116,348.70 38_0.1?,~19 100.00 127,840.13 d 13 May 21, 2019, Item #1.13GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITYO,DOWAV As of March 31, 2019 .... 00 ~usip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective N date rating rating shares cost hist cost value mkt value dur(yrs) United States Treasury Note/Bond 912828D23 USA TREASURY 1.625% 1.625 04/30/2019 AA+ Aaa 1,500,000.00 1,491,855.47 2.06 1,499,002.50 2.08 0.09 912828R85 USA TREASURY 0.875% 0.875 06/15/2019 AA+ Aaa 1,000,000.00 983,828.13 1.36 996,717.00 1.38 0.21 912828W55 USA TREASURY 1.625% 1.625 06/30/2019 AA+ Aaa 1,000,000.00 994,492.19 1.38 997,773.00 1.39 0.25 912828F39 USA TREASURY 1.75% 1.750 09/30/2019 AA+ Aaa 2,000,000.00 2,017,265.62 2.79 1,992,734.00 2.77 0.50 912828G61 USA TREASURY 1.5% 1.500 11/30/2019 AA+ Aaa 1,000,000.00 1,002,968.75 1.39 993,750.00 1.38 0.66 9128283¥4 USA TREASURY 2.25% 2.250 02/29/2020 AA+ Aaa 1,500,000.00 1,492,148.44 2.06 1,497,891.00 208 0.91 912828202 USA TREASURY 1.5% 1.500 08115/2020 AA+ Aaa 2,000,000.00 1,990,156.25 2.75 1,975,938.00 2.74 1.34 912828F21 US TREASURY N/B 2.125% 2.125 09/30/2021 AA+ Aaa 1,000,000.00 991,015.63 1.37 996,719.00 1.38 2.42 912828SF3 USA TREASURY 2.875% 2.875 10115/2021 AA+ Aaa 1,500,000.00 1,515,878.91 2.10 1,522,734.00 2. 11 2.41 Issuer total 12,500,000.00 12,479,609.39 17.27 12,473,258.50 17.31 0.99 Federal Home Loan Banks 3130AEJ84 FEDERAL HOME LOAN 2.375 0612512019 AA+ Aaa 1,000,000.00 1,000,060.00 1.38 999,970.00 1.39 0.24 3130AEU73 FEDERAL HOME LOAN 2.375 08127/2019 AA+ Aaa 2,000,000.00 1,998,360.00 2.77 1,999,240.00 2.78 0.41 3130AA2HO FEDERAL HOME LOAN 1.125 11/29/2019 AA+ Aaa 1,000,000.00 997,150.00 1.38 991,720.00 1.38 0.66 3130AECJ7 FEDERAL HOME LOAN 2.625 05/28/2020 AA+ Aaa 1,500,000.00 1,497,100.50 2.07 1,503,232.50 2.09 1.12 3130ABY34 FEDERAL HOME LOAN 1.613 05/29/2020 AA+ Aaa 2,000,000.00 1,994,820.00 2.76 1,981,040.00 2.75 1.14 3130AEWA4 FEDERAL HOME LOAN 2.625 10/01/2020 AA+ Aaa 2,000,000.00 1,990,580.00 2.75 2,008,336.00 2.79 1.46 3130A3UQ5 FEDERAL HOME LOAN 1.875 12/1112020 AA+ Aaa 1,000,000.00 997,820.00 1.38 992,107.00 1.38 1.64 313379RB7 FEDERAL HOME LOAN 1.875 06/11/2021 AA+ Aaa 1,000,000.00 985,600.00 1.36 989,630.00 1.37 2.12 3130AABG2 FEDERAL HOME LOAN 1.875 11/29/2021 AA+ Aaa 1,000,000.00 990,090.00 1.37 989,360.00 1.37 2.56 Issuer total 12,500,000.00 12,451,580.50 17.23 12,454,635.50 17.29 1.19 Federal Farm Credit Banks 3133EHPW7 FEDERAL FARM CREDIT 1.420 07/03/2019 AA+ Aaa 1,000,000.00 998,942.00 1.38 997,650.00 1.38 0.26 3133EGLA1 FEDERAL FARM CREDIT 1.170 01113/2020 AA+ Aaa 2,000,000.00 1,999,780.00 2.77 1,981,320.00 2.75 0.78 14 May 21, 2019, Item #1.13GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE c1-voc -:>QvVA\. As of March 31, 2019 ..... (0 ~usip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective N date rating rating shares cost hist cost value mktvalue dur (yrs) Federal Farm Credit Banks 3133EHYM9 FEDERAL FARM CREDIT 1.500 09/14/2020 AA+ Aaa 2,000,000.00 1,993,720.00 2.76 1,976,280.00 2.74 1.44 3133EGM51 FEDERAL FARM CREDIT 1.650 12101/2020 AA+ Aaa 1,000,000.00 996,971.00 1.38 988,820.00 1.37 1.63 3133El<AJ5 FEDERAL FARM CREDIT 2.500 02/11/2021 AA+ Aaa 1,000,000.00 999,265.00 1.38 1 ,003,490.00 1.39 1.82 3133EJJD2 FEDERAL FARM CREDIT 2.540 04/05/2021 AA+ Aaa 1,000,000.00 1,004,390.00 1.39 1,003,420.00 1.39 1.92 3133EKC80 FEDERAL FARM CREDIT 2.500 07/01/2021 AA+ Aaa 1,000,000.00 999,030.00 1.38 1,003,364.00 1.39 2.18 Issuer total 9,000,000.00 8,992,098.00 12.44 8,954,344.00 12.43 136 Federal Home Loan Mortgage Corp 3134G9LD7 FREDDIE MAC 1 .25% 1.250 05124/2019 AA+ Aaa 2,000,000.00 2,000,000.00 2.77 1,996,500.00 2.77 0.15 3134G9Q75 FREDDIE MAC 1.25% 1.250 07126/2019 04/26/2019 AA+ Aaa 1,000,000.00 997,000.00 1.38 995,920.00 1.38 0.32 3137EADK2 FREDDIE MAC 1.25% 1.250 08/01/2019 AA+ Aaa 1,000,000.00 1,006,100.00 1.39 995,980.00 1.38 0.34 3134G3N30 FREDDIE MAC 1.5% 1.500 10/0312019 AA+ Aaa 1,000,000.00 993,500.00 1.37 995,030.00 1.38 0.50 3137EAEE5 FREDDIE MAC 1.5% 1.500 01/1712020 AA+ Aaa 3,000,000.00 2,957,514.00 4.09 2,977,461.00 4.13 0.79 Issuer total 8,000,000.00 7,954,114.00 11.01 7,960,891.00 11.05 0.48 Federal National Mortgage Association 3135GOl.76 FANNIE MAE 1.075% 1.075 0711112019 04/11/2019 AA+ Aaa 1,000,000.00 1,000,000 00 1.38 996,160.00 1.38 0.28 3136G36X8 FANNIE MAE 1. 14% 1.140 09/1312019 06/13/2019 AA+ Aaa 2,000,000.00 1,998,000.00 2.76 1,988,140.00 2.76 0.45 3135GOR39 FANNIE MAE 1 % 1.000 10/2412019 AA+ Aaa 1,000,000.00 983,180.00 1.36 991,827.00 1.38 0.56 3136G4DA8 FANNIE MAE 1.2% 1.200 12/30/2019 06/30/2019 AA+ Aaa 1,000,000.00 998,250.00 1.38 991,120.00 1.38 0.74 3136G4KD4 FANNIE MAE 1.75% 1.750 0612912020 06/29/2019 AA+ Aaa 1,900,000.00 1,899,525.00 2.63 1,884,230.00 2.62 1.16 Issuer total 6,900,000.00 6,878,955.00 9.52 6,851,477.00 9.51 0.68 American Express Credit Corp 0258MODP1 AMERICAN EXPRESS 2.250 08/15/2019 A-A2 2,008,000.00 2,025,389.28 2.80 2,004,823.34 2.78 0.38 Issuer total 2,008,000.00 2,025,389.28 2.80 2,004,823.34 2.78 0.38 15 May 21, 2019, Item #1.13GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CITYOF?OWA' As of March 31, 2019 N 0 ~usip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market %Portfolio Effective N date rating rating shares cost hist cost value mktvalue dur (yrs) Federal Farm Credit Bank 3l33EEWG1 FEDERAL FARM CREDIT 1.300 04/0112019 AA+ Aaa 2,000,000.00 1,984,640.00 2.75 2,000,000.00 2.78 0.01 Issuer total 2,000,000.00 1,984,640.00 2.75 2,000,000.00 2.78 0.01 Toyota Motor Credit Corp 89236TDE2 TOYOTA MOTOR CREDIT 1.400 05/20/2019 AA-Aa3 2,000,000.00 2,006,040.00 2.78 1,996,776.00 2.77 0.14 Issuer total 2,000,000.00 2,006,040.00 2.78 1,996,776.00 2.77 0.14 Coca-Cola Co/The 191216BT6 COCA-COLA CO/THE 1.875 10/27/2020 A+ Al 2,000,000.00 1,987,240.00 2.75 l,982,040.00 2.75 1.52 Issuer total 2,000,000.00 1,987,240.00 2.75 1,982,040.00 2.75 1.52 US Bank NNCincinnati OH 90331 HML4 US BANK NA CINCINNA Tl 2.125 10/28/2019 09128/2019 AA-A1 1,900,000.00 1,886,035.00 2.61 1,895,485.60 2.63 0.56 Issuer total 1,900,000.00 1,886,035.00 2.61 1,895,485.60 2.63 0.56 Microsoft Corp 594918AY0 MICROSOFT CORP 1 .85% 1.850 02/1212020 01/12/2020 AAA Aaa 1,500,000.00 1,506,140.00 2.08 1,492,858.50 2.07 0.85 Issuer total 1,500,000.00 1,506,140.00 2.08 1,492,858.50 2.07 0.85 PepsiCo Inc 713448CS5 PEPSICO INC 1.85% 1.850 04130/2020 0313012020 A+ A1 1,500,000.00 1,499,655.00 2.08 1,490,616.00 2.07 i.04 Issuer total 1,500,000.00 1,499,655.00 2.08 1,490,616.00 2.07 1.04 TWDC Enterprises 18 Corp 25468PDP8 TWDC ENTERPRISES 18 1.950 03/0412020 A A2 1,500,000.00 1,504,635.00 2.08 1,489,921.50 2.07 0.96 Issuer total 1,500,000.00 1,504,635.00 2.08 1,489,921.50 2.07 0.96 16 May 21, 2019, Item #1.13GASB 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE o-vo~POWA" As of March 31, 2019 N ..... ~usip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market % Portfolio Effective N date rating rating shares cost hist cost value mkt value dur (yrs) Cisco Systems Inc 17275RAHS CISCO SYSTEMS INC 4.450 01/15/2020 AA· Al 1,000,000.00 1 ,070, 170.00 1.48 1,013, 150.00 1.41 0.78 Issuer total 1,000,000.00 1,070, 170.00 1.48 1,013, 150.00 1.41 0.78 Oracle Corp 68389XAGO ORACLE CORP 5% 5.000 07/08/2019 AA· Al 1,000,000.00 1 ,038,880.00 1.44 1,006, 143.00 1.40 0.27 Issuer total 1,000,000.00 1,038,880.00 1.44 1,006,143.00 1.40 0.27 PNC Bank NA 69353RES3 PNC BANK NA 2.6% 2.600 07121/2020 06/21/2020 A A2 1,000,000.00 1,016,010.00 1.41 999,150.00 1.39 1.23 Issuer total 1,000,000.00 1,016,010.00 1.41 999,lSO.OO 1.39 1.23 Caterpillar Financial Services Corp 14912L6F3 CATERPILLAR FINL 2.250 12/01/2019 A A3 1,000,000.00 1,011,910.00 1.40 997,646.00 1.38 0.66 Issuer total 1,000,000.00 1,011,910.00 1.40 997,646.00 1.38 0.66 JPMorgan Chase & Co 48127HAA7 JPMORGAN CHASE & CO 2.200 10/22/2019 A· A2 1,000,000.00 990,780.00 1.37 997,170.00 1.38 0.55 Issuer total 1.000.000.00 990,780.00 1.37 997,170.00 1.38 0.55 American Honda Finance Corp 02665WBZ3 AMERICAN HONDA 2.000 11/13/2019 A A2 1,000,000.00 993,010.00 1.37 996,066.00 1.38 0.61 Issuer total 1,000,000.00 993,010.00 1.37 996,066.00 1.38 0.61 Apple Inc 037833CB4 APPLE INC 1.1% 1.100 08/02/2019 AA+ Aal 1,000,000.00 989.640.00 1.37 994,939.00 1 38 0.34 Issuer total 1,000,000.00 989,640.00 1.37 994,939.00 1.38 0.34 17 May 21, 2019, Item #1.13GASS 40 -DEPOSIT AND INVESTMENT RISK DISCLOSURE CTYQCPQWAY As of March 31, 2019 N N ~usip Description Coupon Maturity Call date S&P Moody Par value or Historical % Portfolio Market %Portfolio Effective N date rating rating shares cost hist cost value mkt value dur (yrs) Automatic Data Processing Inc 053015AD5 AUTOMATIC DAT A 2.250 09/15/2020 08/15/2020 AA Aa3 1,000,000.00 1,002,630.00 1.39 994,303.00 1.38 1.39 Issuer total 1,000,000.00 1,002,630.00 1.39 994,303.00 1.38 1.39 Pfizer Inc 717081 E85 PFIZER INC 1.7% 1.700 12/15/2019 AA Al 1,000,000.00 999,940.00 1.38 991,697.00 1.38 0.70 Issuer total 1,000,000.00 999,940.00 1.38 991,697.00 1.38 0.70 --=--~ ------n,3os.ooo.oo 72,26ci,101.11 100.00 -12:0]J.390_94 -----~- May 21, 2019, Item #1.13SECURITIES PURCHASED For the period March 1, 2019 -March 31, 2019 N w oCusip / Description / Broker -N 00 Government Agencies 3130MBG2 FEDERAL HOME LOAN BANK 1.875%29NOV2021 WELLS FARGO BANK, N.A. 3133EJJD2 FEDERAL FARM CREDIT BANK 2.54%05APR2021 WELLS FARGO BANK, N.A. Total Government Agencies Government Bonds 912828SF3 USA TREASURY 2.875% 15002021 SOCIETE GENERALE Total Government Bonds . . . . Trade date Settle date 03/25/2019 03/27/2019 03/26/2019 03/29/2019 03/08/2019 03/13/2019 Coupon Maturity/ Call date 1.875 11/29/2021 2.540 04/05/2021 2.875 10/15/2021 CJTV OF PQWAV Par value or Unit cost Principal Accrued shares cost interest purchased 1,000,000.00 99.01 (990,090.00) (6,145 83) 1,000,000.00 100.44 (1,004,390.00) (12,276.67) 2,000,000.00 (1,994,480.00) (18,422.50) 1,500,000.00 101.06 (1,515,878.91) (17,652.82) (17,652.82) 19 May 21, 2019, Item #1.13SECURITIES SOLD AND MATURED For the period March 1, 2019 -March 31, 2019 N ~ OC:usip/ Trade date Coupon Maturity/ Par value or Historical cost ;::l>escription/ Settle date Call date shares ~raker Government Agencies 3136G1FYO 03/13/2019 1.375 FEDERAL NATIONAL 03/13/2019 MORTGAGE ASSOC 1 .375% 03-13-2019 3137EACA5 FREDDIE MAC 3. 75% 27MAR2019 3134G9WFO FREDDIE MAC 1. 1 % 29MAR2019 CALLABLE #0000 03/27/2019 3.750 03/27/2019 03/29/2019 1.100 03/29/2019 (1,500,000.00) 1,514,175.00 (1,000,000.00) 1,01 1, 191.28 (1,000,000.00) 1,000,000.00 (3,500,000.00) 3,525,366.28 Amortized cost at sale or maturity /Acer (amort) 1,500,000.00 (167.37) 1,000,000.00 (1,063.96) 1 ,000,000.00 0.00 3,500,000.00 (1,231.33) Price 0.00 0.00 0.00 Fair value at sale or maturity/ Chg.in fair value 1,500,000 00 555.00 1,000,000.00 (991.00) 1,000,000.00 970.00 3,500,000.00 534.00 Realized gain Ooss) 0.00 0.00 0.00 0.00 CITYOF POWAY Accrued interest sold Interest received 0.00 10,312.50 Interest earned 859.37 0.00 18,750.00 3,020.83 0.00 5,500.00 947.22 0.00 34,562.50 4,827.42 0.00 3!',562.50 20 May 21, 2019, Item #1.13TRANSACTION REPORT :TYO• PQWAY For the period March 1, 2019 -March 31, 2019 N UI orrade date Cusip Transaction Sec type Description Maturity Par value or Realized Principal Interest Transaction total ;lettle date shares gain(loss) 03/04/2019 25468PDP8 Income Corporate Bonds TWDC ENTERPRISES 18 CORP 03/04/2020 1,500,000.00 0.00 0.00 14,625.00 14,625.00 03/0412019 03/08/2019 9128285F3 Bought Government Bonds USA TREASURY 2.875% 10/15/2021 1,500,000.00 0.00 (1.515,878.91) (17,652.82) (1,533,53 l.73} 03/1312019 03/13/2019 3136G1 FYO Income Government Agencies FEDERAL NATIONAL 03/13/2019 1,500,000.00 0.00 0.00 10,312.50 10,312.50 03/13/2019 03/13/2019 3136G1 FYO Capital Change Government Agencies FEDERAL NATIONAL 03/13/2019 03/1312019 (1,500,000.00} 0.00 1 ,500,000.00 0.00 1,500,000.00 03/13/2019 3136G36X8 Income Government Agencies FANNIE MAE 1.14% 13SEP2019 03/13/2019 09/13/2019 2,000,000.00 0.00 0.00 11,400.00 11.400.00 03/14/2019 3133EHYM9 Income Government Agencies FEDERAL FARM CREDIT BANK 09/1412020 2,000,000.00 0.00 0.00 15,000.00 15,000.00 03/1412019 03/1512019 053015AD5 Income Corporate Bonds AUTOMATIC DATAPROCESSNG 09/15/2020 03/15/2019 1,000,000.00 0.00 0.00 l 1,250.00 11,250.00 03/25/2019 3130AABG2 Bought Government Agencies FEDERAL HOME LOAN BANK 11/2912021 1,000,000.00 0.00 (990,090.00) (6,145.83) (996,235.83) 03/2712019 03126/2019 3133EJJD2 Bought Government Agencies FEDERAL FARM CREDIT BANK 0410512021 03/29/2019 1,000,000.00 0.00 (1,004,390.00) (12,276.67) (1,016,666.67) 03/27/2019 3137EACA5 Income Government Agencies FREDDIE MAC 3.75% 03/27/2019 1,000,000.00 0.00 0.00 18,750.00 18,750.00 03/27/2019 03/27/2019 3137EACA5 Capital Change Government Agencies FREDDIE MAC 3.75% 03/27/2019 0312712019 {1,000,000.00) 0.00 1,000,000.00 0.00 1,000,000.00 03/29/2019 3134G9WFO Income Government Agencies FREDDIE MAC 1. 1 % 29MAR2019 03/29/2019 1,000,000.00 0.00 0.00 5,500.00 5,500.00 03/29/2019 03/29/2019 3134G9WFO Capital Change Government Agencies FREDDIE MAC 1.1 % 29MAR2019 03129/2019 03/29/2019 (1,000,000.00) 0.00 1,000,000.00 0.00 1,000,000.00 2- May 21, 2019, Item #1.13ADDITIONAL INFORMATION As of March 31, 2019 ~ast performance is not a guide to future performance. The value of rnvestments and any income from them will flucruate and is not guaranteed (this may partly be due to exchange rate changes) and investors may not get o,ack the amount invested. Transactions in foreign securities may be executed and settled in local markets. Performance comparisons will be affected by changes in interest ,ates. Investment returns fluctuate due to changes ::li market conditions. Investment invorves risk, including the possible loss of principaL No assurance can be given that the performance objectives of a given strategy will be achieved. The information contained herein is for ~our relerence only and is being provided in response to your specific request and has been obtained from sources believed to be reliable; however, no representation is made regarding its accuracy or completeness. This document must not be used for the purpose of an offer or solicitation in any Jurisdiction or in any circumstances in which such offer or solicitation is unlawful or otherwise not permitted. This document should not be duplicated, amended, or forwarded to a third party w,thout consent from Insight_ This is a marketing document Intended for professional clients only and should not be made available to or relied upon by retail clients Investment advisory services in North America are provided through two different SEC-registered investment advisers using the brand Insight Investment Insight North America llC (INA) and Insight Investment International limited (fill). The North American investment advisers are associated with a broader group of global investment managers that also (individually and collectivelY) use the corporate brand Insight Investment and may be referred to as Insight, Insight Group or Insight Investment INA Is an investment adViser registered with the Securities and Exchange Commission (SEC), under the Investment Advisers Act of 1940, as amended. Registration with the SEC does not imply a certain level of skill or training. You may request, w1tflout charge, additlonalinformation ab-Out Insight Moreover, specific information relating to Insights strategies, induding investment advisory fees, may be obtained from INA's Form ADV Part 2A, which is avadable without charge upon requesl Where indicated, performance numbers used in the analysis are gross returns. The performance reflects the reinvestment of all dividends and income. INA charges management fees on all portfolios managed and these fees will reduce the returns on the portfolios For example, assume that $30 million Is invested in an account with INA, and thrs account achieves a 5.0% annual return compounded monthly, gross of fees, for a period oi five years At the end of five years that account would have grown to $38,500,760 before the deduction of management fees. Assuming management fees of 0.25% per year are deducted monthly from the account, the value at the end of the live year period would be $38.022,447. Actual fees lor new accounts are dependent on size and subject to negotiation. INA's investment advisory fees are discussed in Part 2A of its Form ADV. Unless otherwise stated. the source of informabon is Insight Any forecasts or opimons are Insights own at the date of this document (or as otherwise specmed) and may change. Material in this publication 15 for general information only and is not adVice, investment advice, or the recommendation of any purchase or sale of any security. Insight makes no implied or expressed recommendations concerning the manner in which an account should or would be handled, as appropnate investment strategies depend upon specific investment guidelines and objectiVes and should not be construed to be an assurance that any particular security in a strategy will remain in any fund, account, or strategy, or that a preVlously held security will not be repurchased, It should not be assumed that any of the security transactions or holdings referenced herein have been o, will prove to be profitable or that future investment decisions will be profitable or will equal or exceed the past investment performance of the securities listed. For trading activity the Clearing broker will be reflected. In certain cases the Clearing broker will differ from the Executing broker. In calculating ratings distributions and weighted average portfollo quality, Insight assigns U.S Treasury and U.S agency securities a quality rating based on the methodology used within the respecove benchmark index. When Moodys, S&P and Fitch rate a security, Bank of America and Merrill lynch indexes assign a simple weighted average statistic while Barclays Indexes assign the median statistic. Insight assigns all other securities the lower of Moodys and s&P ratings. Information about the indices shown here is provided to allow for comparison of the perlormance of the strategy to that of certain wel~known and widely recognized indices_ There is no representation that such index is an appropriate benchmark for such comparison. You cannot mvest directly in an mdex and the Indices represented do not take into account trading commissions and/or other brokerage or custodial costs. The volatility or the indices may be materially different from that of the strategy. In addition, the strategys holdings may differ substantially from the securities that comprise the indices shown. The BofA Merrill lynch 3 Mo UST-Bill mdex ls an unmanaged market index of U.S. Treasury securities maturing in 90 days that assumes reinvestment of all income The BofA Merrill lynch 6 Mo UST-Bill mdex measures the performance ol Treasury bills with time to maturity of less than 6 months. The BofA Merrill lynch Current 1-Year US Treasury Index is a one-security mdex complised of the most recently issued 1-year US Treasury note. The index ls rebalanced monthly. In order to qualify ror indusron, a 1-year note must be auctioned on or before the third business day before the last business day of the month. The BofA Merrill Lynch Current 3-Year us Treasury Index 1s a one-security index comprised of the most recently Issued 3-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 3-year note must be auctioned on or before the third business day before the last business day of the month. The BofA Merrill Lynch Current 5-Year US Treasury Index is a one-secunty index comprised of the most recently Issued 5-year US Treasury note. The index is rebalanced monthly. In order to qualify for inclusion, a 5-year note must be auctioned on or before the third business day before the last business day of the month. The BofA Merrill Lynch 1-3 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a maturity of at least one year and less than three years The BofA Merrill Lynch 1-5 US Year Treasury Index is an unmanaged index that tracks the performance of the direct sovereign debt of the U.S. Government having a matunty of at least one year and less than five years. Insight does not provide tax or legal advice to its clients and all investors are strongly urged to consult their tax and legal advisors regarding any potential strategy or investment 22 May 21, 2019, Item #1.13ADDITIONAL INFORMATION ::1TY oc-POWAY As of March 31', 2019 !:ts,ght 15 a group of wholly owned subsidiaries of The Bank of New Yori< Mellon Corporation. BNY Mellon ls the corporate brand of The Bank of New York Mellon Corporation and may also be used as a generic term to reference othe Corporation as a whole or its various subsidiaries generally. Products and services may be provided under various brand names and in various countries by subsidiaries, affiliates and joint ventures of The Bank of New Yori< -,,,.ellon Corporation where authorized and regulated as required within each jurisdiction. Unless you are notmed to the contrary, the products and services mentioned are not insured by the FDIC (or by any governmental entityl ~nd are not guaranteed by or obligations of The Bank of New York Mellon Corporation or any ofits affiliates. The Bank of New York Corporation assumes no responsibility for the accuracy or completeness of the above data and disclaims all expressed or implied warranties in connection thereWith © 2019 Insight Investment All rights reserved May 21, 2019, Item #1.13,_., 00 0 -,_., 00 )> ~ 0 :I: s:: m z -I C _,.-,.,.,.,. •• ,,, . .a• .. :., <.,,0.,r..~,,..,.,..;,~wn. ..... , Wi ··----•W"'-"U.O~"'"'~·'"'·'"''";,C<..Ll•.,•._,,_,_,,...,...;,,c:-'.,.,_.,, City of Poway Investments & Cash with Fiscal Agent; Non-Managed Investments; General, Payroll & Petty Cash Investments & Cash with Fiscal Agents INVESTMENT DESCRIPTION Settlement Date Yield to Days to : % of Total Maturity Ma!11r~ty: . ln~~stment, Face Value Book Value Market Value Unrealized Gain(Loss) 1st Am Gov't Obligations Money Mkt Fd 03/31/19 1.85% 100.00%, $472,630.33 , $472,630.33 $472,630.33 $0.00 Average/Total Paying Agent or Uninvested Cash a DITs Total Investments and Cash with Fiscal Agent Non-Managed Investments INVESTMENT DESCRIPTION General, Payroll & Petty Cash County Pool Wells-Fargo CD Average/Total General Cash (Union Bank) Payroll Cash (Union Bank) Emergency Cash (Union Bank) Grant Cash (Union Bank) Flexible Benefits Cash (Union Bank) Petty Cash Total Cash 1.85% 1 100.00%, Part II Settlement , I % of Total I Yield to : Days to j Date _ Maturity_'. _ Maturity j Investment i 03/31/19 2.42%t 1j 74.23%1 -----·--~· --4--•-08/05/18 0.05%f $472,630.33 . $472,630.33 $0.00, $472,630.33 -·· ,! _ ,,,, _ $472,630.33 : Face Value J s144,001.05 i Book Value Market Value $144,001.05 [ --_?1~_3.,487.00 $0.00 Unrealized Gain(Loss) ($514.05) --,✓---'· ~---.. "· -~""' 1271 25.77%1 $50,000.00 l $50,000.00 l ______ S50!000.00_~ _ _,, $0.00 ·-'·· _ ...... , .... -~·--" ,1.81%1 N/A I 100.00%1 $194,001.05 l $194,001.05 j ____ $193,487.00 •• ($~14.05) Part Ill $632,128.91 ' . ---• ·--------------·----· ·---·····-~· -·-------··---· ·---~ ·-.~--··'"' -~--~-·-···· .... -$20,000.00 · $10,000.0Q_ ·. $0.00, ____ ,. _____ """"'"''"'""'"""-'""''''"-·"-"""""~---.. · ............ $20,000.00. --~--·-···,·-------·--~·----·' .... _ •• ,S8,500.00 • . $690,628.91 . . ··-~----· .... ~ .....• ..,.,.~,· .. · .,., ..., ....... ~-. ..,.-· ... , ......... ~..----~-~--=,,...~.--" ··~--· --·-·· ...... --~·-, .. ,., .• DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT May 21, 2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED _____ _ RESOLUTION NO. Honorable Mayor and Members of the City Council ll Michael Obermiller, P.E., Director of Public Works� Eric Heidemann, Assistant Director of Public W � for Maintenance Operations (858)668-4705 or eheidemann@poway.org Public Hearing for Newly Formed Landscape Maintenance District No. 19-1, Take Public Testimony and Tabulate Ballots Cities are authorized by the Landscaping and Lighting Act of 1972 to fund enhanced public landscape improvements and maintenance services through the levy and collection of assessments. Many assessment districts are formed at the time a developer builds a development. As a community amenity, the developer will often install landscaping and other improvements that are beyond a base level that a city would otherwise install if it were doing the installation and maintenance. Because there are costs associated with installing and continuing to maintain these enhanced improvements, a city will form an assessment district to fund expenses associated with the enhancements. The City currently has five landscape maintenance districts that were formed in this manner, including Landscape Maintenance District 87-1 (Existing District). In 1987, the City formed the Existing District to fund enhanced landscape improvements and services within certain developments located in the City. The maximum assessment rate for the Existing District has remained unchanged since 1999 after the passage of Proposition 218. Proposition 218 amended the California Constitution by adding Articles XIII C and XIII D. Among other things, Article XIII D established new procedural requirements for levying any new or increasing any existing assessments and placed substantive limitations on the use of the revenues collected from assessments and on the amount of the assessment that may be imposed on each parcel. Procedurally, Article XIII D requires that in order to impose a new or increase an existing assessment on a property, a local agency must hold a public hearing, mail advance notice of the public hearing to the record owner of each parcel proposed to be assessed and conduct a ballot protest proceeding. The assessment ballot protest proceeding is not an election or a vote for purposes of California Constitution Article II, nor is it subject to the limitations and requirements of the California Elections Code governing elections. The ballot provides affected property owners with the opportunity to indicate their support for, or opposition to, the proposed assessments. Prior to the passage of Proposition 218, it was within the City Council's authority to increase assessments as needed without an affirmative approval of affected property owners. The assessments imposed in the Existing District are no longer sufficient to fund its enhanced improvements and services. Reserve funds have gradually been depleted in the Existing District as expenses have grown and assessment revenues have not. Beginning in Fiscal Year 2016-17, 1 of 49 May 21, 2019, Item #3.1 May 21, 2019, Item #3.1 it has been necessary to use a portion of the Existing District's reserves each year to pay for annual operations. Prolonged drought conditions and rising contract labor and recycled water costs contributed to the use of fund reserves. At this point, annual expenses exceed annual revenues and the Existing District's reserves have been used to cover essential but unanticipated expenses, like tree removal. When maintenance costs exceed the maximum allowable assessment revenue, special balloting procedures may be implemented to give District participants the opportunity to raise the maximum allowable assessment to cover the District's maintenance needs. In evaluating the improvements within the Existing District, the proximity of some of the improvements to certain properties and the development of properties within the Existing District, it was determined that certain properties should be detached from the Existing District and a new landscape maintenance district should be formed (Proposed District). The detachment of the properties from the Existing District would be conditional to the formation of the Proposed District. The Proposed District would result in adding twenty-one properties previously not included in the Existing District, of which four would be levied an assessment. The proposed assessments and the boundaries of the Proposed District are supported by a detailed engineer's report (Attachment A) prepared by an independent, registered professional engineer (Engineer) certified by the State of California. The Proposed District would include a total of 360 assessed parcels, which the Engineer has identified will receive special benefits from the enhanced improvement and maintenance services. Recommended Action: It is recommended that the City Council: 1. Conduct the Public Hearing on the proposed assessments and consider all objections, whether written or oral, if any; 2. After all members of the public that wish to speak on the Proposed District have had an opportunity to speak, close the Public Hearing, direct the City Clerk to tabulate the Proposition 218 Ballots for Landscape Maintenance District No. 19-1 and trail the consideration of the agenda item; and 3. Confirm the ballot results and approval of the final report and levy of assessments for Landscape Maintenance District 19-1, if successful. If unsuccessful, the engineer's report and resolution declaring the intention to levy and collect assessments for 87-1 will occur at the June 18, 2019, City Council meeting. 4. If the City Clerk cannot complete the tabulation of the ballots by the time the City Council completes the remainder of the agenda, continue the agenda item to the June 4, 2019, City Council meeting to confirm the ballot results and approval of final report and levy of assessments for Landscape Maintenance District 19-1, if successful. If unsuccessful, confirm ballot results at the June 4, 2019, City Council meeting. In such an event, the engineer's report and resolution declaring the intention to levy and collect assessments for 87-1 will occur at the June 18, 2019, City Council meeting. Discussion: The Landscaping and Lighting Act of 1972 (State of California Streets and Highways Section 22500 and following) is a tool used by local government agencies to form Landscaping and Lighting Districts to finance the costs of operating and maintaining enhanced landscaping and appurtenant improvements, maintenance and services over and above those generally provided 2 of 49 May 21, 2019, Item #3.1 by the City. The City Council previously approved the formation of the Existing District pursuant to the provisions of the Landscaping and Lighting Act of 1972, referred to as LMD 87-1. The purpose of a landscape maintenance district (LMD) assessment is to create a revenue mechanism to offset the expenditures related to landscaping improvements and related services within the boundaries of the district that provide special benefits to the properties in the district. Revenues generated within an LMD may only be used to fund the services and improvements of the LMD for which they were imposed. The costs are distributed by equitably assessing properties in accordance with the proportional special benefits they receive from the improvements and services. In 1987, the landscape improvements for the Existing District were initially constructed by the developer of the Pomerado Business Park, Cadillac Fairview Industrial Development, Inc. At the time, the boundary of the Existing District only included Pomerado Business Park (106 lots). The district grew as additional subdivisions were added by written consent from the property owner(s) at the time: Poway Corporate Center, Tech Business Center, Parkway Business Centre, Parkway Summit, Trident Center and other miscellaneous properties. These properties were originally assessed for the cost to maintain the landscaping improvements located within the rights-of-way adjacent to Pomerado Road, Community Road, Scripps Poway Parkway and portions of Stowe Drive. In 1995, due to foreclosures, landscape maintenance service levels and watering were reduced, causing concern about the appearance of the landscaping along roadways leading into the Poway Business Park. Certain landscape improvement areas (approximately 56.6 acres) of the Land Development Association {LOA) landscape maintenance responsibilities were transferred to LMD 87-1. These landscape improvements are located along portions of Scripps Poway Parkway, Stowe Drive and Community Road. At the time, parcels located within Pomerado Business Park were paying LOA fees and LMD 87-1 assessments. Since LMD 87-1 was assuming maintenance responsibilities for the above-mentioned areas, the assessment fees for parcels located within the Pomerado Business Park were assessed at a higher rate. Since 1995, Parkway Business Centre Ill, Poway Corporate Center and other miscellaneous properties were added at the higher assessment rate. Currently, the Existing District contains 514 assessed properties, including 196 residential properties. Current annual assessments are $210.68 for residential properties, and $790.00 or $842.68 for commercial properties. The Existing District is comprised of approximately 4,849,060 square feet of landscaping and 4,858 trees. In addition to the landscaping materials (trees, turf and shrubs), the District is also responsible for maintaining irrigation infrastructure (controllers, pumps, timers, pipes and emitters). The types of services that are contracted out include irrigation maintenance, mowing, litter and weed control, tree trimming and general maintenance. As expected, the cost to provide services has steadily increased over the years, increasing Existing District expenditures. However, the assessment revenues have stayed the same. When the Existing District was formed, it did not include an assessment escalation factor (e.g., cost of living index) because it was within the City Council's authority to increase assessments when costs increased. The passage of Proposition 218 removed that ability and instead made new or increased assessments subject to a property owner protest ballot process. Additionally, the State of California has approved prevailing wage changes for landscape and tree maintenance job classifications; therefore, a substantial increase in labor costs has and will continue to burden the Existing District. This, combined with the need to replace aging infrastructure, has further accelerated the need for an immediate increase in district revenues. It is essential that sufficient 3 of 49 May 21, 2019, Item #3.1 revenues are generated to ensure the district is self-sustaining and offset the ongoing annual expenditures. Currently, ordinary annual expenses of the Existing District exceed annual revenues. Consequently, there are no longer sufficient funds being collected to keep pace with expenses. Without an increase in the assessments, the gap between revenues and expenses will continue to grow and the Existing District will not be able to upgrade irrigation systems to be water efficient, execute ongoing repairs, and replace and preserve landscaping; ultimately resulting in a reduction of services. Staff is concerned that over time this will result in poor appearance. Recognizing the need to increase the revenues for the Existing District, and working within the parameters of Proposition 218, it was necessary for the City to engage the services of an assessment engineer to reevaluate the Existing District and identify every parcel upon which special benefits are conferred from the enhanced landscape improvements and maintenance services. Because of the changes in the law governing assessments as a result of Proposition 218, if the City wishes to increase the assessments to fund the improvements, it cannot continue the Existing District in its current form. Rather, the Existing District and the proposed assessments must be evaluated for compliance with Article XIII D. Analysis: The City engaged the services of Willdan Financial Services (Engineer) to perform an analysis of the existing landscape improvements, services and assessments in the Existing District and develop a recommendation to revise the assessments in line with the landscape maintenance expenditures in compliance with Proposition 218 and the Landscape and Lighting Act of 1972. Before imposing an assessment, a public agency must first identify a// parcels that will receive a special benefit from the proposed improvements or services for which the assessment is proposed to be levied. The Engineer reviewed the Existing District and determined it should be reorganized by detaching certain commercial parcels and forming a new landscape maintenance district (Proposed District) that includes the detached commercial parcels and additional parcels that were not included in the Existing District but receive special benefits from the improvements to be maintained within the Proposed District. The detachment of the commercial properties from the Existing District would be conditioned upon the formation of the Proposed District. As part of the reorganization, the existing residential development areas within LMD 87-1 would remain part of LMD 87-1. The Proposed District would: appropriately assess all parcels that specially benefit from the improvements and services and provide sufficient assessment revenues to allow for the annual operation and maintenance of landscaping/trees and appurtenant facilities; including, but not limited to labor, electricity, water, materials and contracted services. Notably, the option of assessing an annual inflationary adjustment is included along with the proposed assessments on an annual basis to ensure that there are sufficient revenues to maintain the improvements in subsequent years. Accordingly, if approved, the maximum assessment rates established for the improvements and services in the previous fiscal year may be adjusted by the lesser of three percent (3%) or the percentage increase in the Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the San Diego Area for All Items for All Urban Consumers (CPI-U), as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time. This should allow the Proposed District revenues to keep pace with inflationary cost increases over time. 4 of 49 May 21, 2019, Item #3.1 The effort to re-engineer the Existing District began in 2018 by evaluating the relationship of the properties currently being assessed relative to the location and the nature and extent of the landscape improvements. Based on the location of the improvements and proximity to all parcels in the area, the Engineer initially identified several parcels/developments that are not part of the Existing District but receive special benefit from the landscape improvements and maintenance services and should therefore be added to the Proposed District (Attachment B). These properties were not a part of any of the developments for which the Existing District was formed and, under California law existing at the time of formation, were not required to be included in the Existing District. Also, the Engineer identified 288,708 square feet of landscaping to be removed from the Proposed District to be funded by the General Fund, 29,653 square feet of landscaping to be shared between the remainder of the Existing District and the Proposed District, and 21,238 square feet to be shared between the Proposed District and the General Fund. A special benefit means a distinct benefit over and above general benefits conferred on real property and the public at large. General enhancement of property values does not constitute a "special benefit". A special benefit must affect the assessed property in a way that is particular and distinct from its effect on other parcels and that real property in general and the public at large do not share. Using the Engineer's preliminary analysis, staff held a series of open houses in February and March 2019 to inform property owners of the financial condition of the Existing District, the preliminary engineering analysis, and the proposed balloting process to re-engineer the Existing District, form the Proposed District, establish assessments in the Proposed District and provide for inflationary adjustments to the proposed maximum assessments. Assessments are computed based on the number of equivalent benefit units (EBU) in the Proposed District. The Existing District EBU has been calculated for commercial, vacant, single- family residential and multi-family properties. The Proposed District assessment rates for an EBU is $840.00 annually. Additionally, a provision has been included to allow for appropriate inflationary adjustments in future assessments, at the discretion of the City Council, in line with the San Diego Consumer Price Index (capped annually at 3%). General Benefit The City provides limited (as needed) weed abatement, rodent control and erosion control services ("baseline level of service") for the landscape areas currently maintained within the Proposed District and elsewhere in the City. This baseline level of service typically provides for periodic maintenance of the improvement areas necessary to ensure public safety and essential property protection. The primary purpose of baseline services is to avoid negative impacts on adjacent roadways and potential property damage resulting from erosion or fire hazards but results in a far less visually pleasing environment than is created with the enhanced levels of improvements and services associated with the regular landscape maintenance provided in the Existing District and Proposed District. For the purpose of the Proposed District, the City's general benefit contribution accounts for this baseline level of service. However, it is recognized that the arterial streets within this district are 5 of49 May 21, 2019, Item #3.1 routinely traveled by the public and other property owners within the City. While the landscape improvements along these arterial streets do not provide special benefits to properties outside the District, they do provide some measure of indirect general benefit to properties in the City, the district and the public at large. Therefore, the general benefit contribution for the Proposed District is assumed to be an additional 13% of the overall maintenance cost to account for this indirect general benefit. The proposed annual general benefit contribution for the Proposed District is approximately $143,235. Procedural Requirements: As set forth in the Landscaping and Lighting Act of 1972 and Proposition 218, local agencies are required to follow these steps: 1. The City Clerk collects all ballots received prior to the close of the Public Hearing on May 21, 2019, at 7 p.m. Upon closing of the Public Hearing, the ballots will be tabulated, and the results will be presented to the City Council later in the City Council meeting that evening, or at the June 4, 2019, City Council Meeting if the tabulation cannot be completed before the City Council completes the remainder of items on the May 21, 2019 City Council agenda. 2. Adopt resolutions confirming ballot results, approval of final report and levy of assessments (May 21, 2019 or at the June 4, 2019, City Council Meeting if the tabulation cannot be completed before the City Council completes the remainder of items on the May 21, 2019 City Council agenda). 3. If a majority of the submitted ballots support the formation of the Proposed District, the City Council may elect to adopt resolutions declaring the results of the ballot protest, confirming the formation of Landscape Maintenance District No. 19-1, confirming the assessment diagram and engineer's report, overruling all protests, and approving the levy and collection of the new assessments. Upon approval, the new assessments will be collected through the San Diego County Office of the Assessor along with annual property tax bills effective in Fiscal Year 2019-20. 4. If a majority of the submitted ballots do not support the formation of the Proposed District, the City Council will adopt a resolution declaring the results of the ballot protest. At a subsequent City Council meeting the City Council would adopt a resolution approving an Engineer's Report and declaring the intention to levy and collect annual assessments within the Existing District (June 18, 2019). This means that the Existing District and current assessments (without a cost escalator) would remain in effect. 5. If a majority of the submitted ballots do not support the formation of the Proposed District, adopt a resolution ordering the annual levy of assessments within the Existing District (July 16, 2019). 6. Submit levies to the County of San Diego (no later than August 9, 2019). Notices of the public hearing and ballots were mailed to the affected property owners, listed on the current County of San Diego Tax roll, pursuant to the regulations governing majority protest proceedings. This Public Hearing is being held not less than 45 days after the mailing of the requisite notices, as required by Proposition 218 and the Proposition 218 Omnibus Implementation Act. Property owners have until the close of the Public Hearing to submit a signed and marked assessment ballot indicating their support for or opposition to the Proposed District 6 of 49 May 21, 2019, Item #3.1 and assessments therein. Ballots that were received by the City Clerk by U.S. Mail, or otherwise delivered to the City Clerk before the Public Hearing, or received during the Public Hearing itself, shall be counted, if they were properly completed and executed. Tabulation of the ballots will be conducted under the supervision and direction of the City Clerk. During the Public Hearing, the City Council will consider all objections or protests, if any, to the proposed assessments, whether oral or written. Upon the close of the Public Hearing, the agenda item will be trailed, the assessment ballots received will be opened and tabulated, consistent with all applicable procedures required by Proposition 218 and its implementing statutes, weighted by the proposed assessment amount on each property, and the results announced. If the time to tabulate the ballots exceeds the time for the City Council meeting, the City Council may continue the tabulation to a different time and publicly accessible location, so long as such time and location are announced during the meeting. This agenda item will then be continued to a subsequent meeting at a specified date and time, so that results may thereafter be announced, and any further action taken. All returned ballots will remain unopened and in the charge of the City Clerk until the close of the Public Hearing and direction is given to staff to tabulate the ballots. For purposes of tabulation, all the properly completed returned ballots submitted, and not withdrawn, will be tabulated and weighted according to the financial obligation of each particular parcel. Article XIII D of the California Constitution provides that a Majority Protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessments exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessments, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. If there is no Majority Protest as described above, the City Council may approve the formation of the Proposed District No. 19-1 and the levy and collection of the assessments by adopting a resolution at the May 21, 2019, City Council meeting or the June 4, 2019, City Council meeting if it is not. Any property owner approved assessments will be submitted to the San Diego County Tax Assessor to be included on the property tax roll for each parcel for Fiscal Year 2019-20. If a Majority Protest does exist, LMD No. 87-1 and the assessments will remain in effect at the current maximum rates for Fiscal Year 2019-20. As stated earlier in this report, the Existing District assessments fall short of covering expenses. Without an increase in the assessments, service levels will decline. Environmental Review: This item is not subject to California Environmental Quality Act review. Fiscal Impact: The Proposed District, if approved, will generate an estimated Fiscal Year 2019-20 annual assessment and general fund contribution revenues of approximately $737,467 and $143,235, respectively, in the first year, to cover the operations and maintenance expenditures. Anticipated annual expenses of the Proposed District are $880,048. 7 of 49 Public Notification: Below is a summary of staff's efforts to communicate with affected property owners: •Held two (2) Open Houses at the City Council Chambers (March 13 and March 27, 2019); •Posted an interactive map showing current and proposed assessments, a FAQ sheet, question and answers, and the previous year's Engineer's Report on a dedicated page on the City's website; •Met with individual property owners at City Hall; and •Fielded phone calls with property owners, Poway Business Park Association, brokers and property management companies. Attachments: A.Preliminary Engineer's Report No. 19-1 B.Diagram of Proposed LMD No. 19-1 C.Resolution Declaring the Result of the Protest Ball ot Proceeding for LMD 19-1 D.Resolution Approving the Formation, Confirming the Engineer's Report and Approving the Levy and Collection of Assessments for LMD 19-1 Reviewed/Approved By: Wencj aserman Assistant City Manager 8 of 49 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager May 21, 2019, Item #3.1 9 of 49 May 21, 2019, Item #3.1Attachment A CITY OF POWAY Engineer's Report Formation of Landscape Maintenance District No. 19-1 FEBRUARY 2019 PREPARED BY Fiscal Year 2019/2020 Intent Meeting: April 2, 2019 Public Hearing: May 21, 2019 CITY OF POWAY 13325 CIVIC CENTER DRIVE POWAY, CA 92064 WILLDAN FINANCIAL SERVICES 10 of 49 May 21, 2019, Item #3.1 ENGINEER'S REPORT AFFIDAVIT City of Poway Landscape Maintenance District No. 19-1 District Formation Fiscal Year 2019/2020 Annual Levy of Assessments Commencing in Fiscal Year 2019/2020 City of Poway, County of San Diego, State of California This Report and the enclosed descriptions, budgets, and diagrams outline the improvements and assessments being proposed for the consideration of the Poway City Council regarding the formation of Landscape Maintenance District No. 19-1 for Fiscal Year 2019/2020. Said District includes each lot, parcel, and subdivision of land identified as receiving a special benefit from the improvements to be funded by the District annual assessments as identified on the San Diego County Assessor's Parcel Maps at the time this Report was prepared. Reference is hereby made to the San Diego County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each parcel within Landscape Maintenance District No. 19-1, including all subsequent subdivisions, lot-line adjustments, or parcel changes therein. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this ___ day of _____ ~ 2019. Willdan Financial Services Assessment Engineer On Behalf of the City of Poway By:-------------- Jim McGuire Principal Consultant By:-------------- Richard Kopecky R.C.E. # 16742 11 of 49 May 21, 2019, Item #3.1 Table of Contents Introduction ............................................................................................... 1 Ballot Proceedings ..................................................................................................... 2 Report Content ........................................................................................................... 3 Part I -Plans and Specifications .............................................................. 6 Description of the District ......................................................................................... 6 Part II -Method of Apportionment ......................................................... 10 Legislative Authority and Provisions ..................................................................... 10 Benefit Analysis ....................................................................................................... 11 Assessment Methodology ....................................................................................... 14 Part Ill -Estimate of Costs ...................................................................... 18 Calculation of Assessments ................................................................................... 18 District Budgets and Assessments ........................................................................ 19 Assessment Range Formula ................................................................................... 21 Part IV -District Diagram ........................................................................ 23 Part V -Assessment Roll ........................................................................ 25 12 of 49 May 21, 2019, Item #3.1 Landscape Maintenan ce Distri ct No. 19-1 Engineer's Report Fiscal Year 2019/2020 Introduction Pursuant to the provisions of the Landscape and Lighting Act of 1972 , being Part 2 of Division 15 of the California Streets and Highways Code , commencing with Section 22500 (the "1972 Act"), and in compliance with the substantive and procedural requirements of Article XIIID, section 4 of the California State Constitution (the "California Constitution") and the Proposition 218 Omnibus Implementation Act (the "Omnibus Act"), being Government Code section 53750 et seq ., the City Council of the City of Poway , County of San Diego, State of California (the "City"), proposes to reorganize the City 's previously established Landscape Maintenance District No . 87-1 ("LMD No. 87-1) by detaching certain territory from LMD No . 87-1 and forming a new landscape maintenance district that includes the detached territory and new parcels. These change proceedings are being made to better address the estimated special benefit improvement costs and proportional special benefits received by each property associated with the various improvements being provided in the area . As part of this district reorganization , the existing residential development areas within LMD No. 87-1 (residential territories) are proposed to remain part of LMD No . 87-1 for fisca l year 2019/2020. This residential territory includes the parcels comprising the Valencia Creek Condominiums located west of Pomerado Road and north of Scripps Poway Parkway ; the single-family residential development area identified as Map 13542 -Poway TCT No. 88-04R and Map 13364 -Poway TCT No. 88-04R located west of Pomerado Road and south of Scripps Poway Parkway; and various residential properties located between Pomerado Road and Creek Road north of Beeler Canyon Road . The parcels within these residential terr itories will remain part of LMD No . 87-1 and are not being balloted for new or increased annual assessments as part of these proceedings. Therefore , the improvements , expenses and assessments associated with these residential parcels are not specifically addressed in this engineer's report . The new special benefit landscape maintenance assessment distri ct is proposed to be designated as: Landscape Maintenance District No. 19-1 (the "Distri ct"), to provide and maintain various local landscaping improvements with in the boundaries of the District that provide special benefits to properties therein . To adequately provide and fund the landscaping improvements, appurtenant facilities and related expenses within the District, the City Council has determined that it is appropriate and in the public's best interest to form Landscape Maintenance District No . 19-1 , and to levy annual assessments on the County ta x rolls for the benefit of properties therein commencing in Fiscal Year 2019/2020 to fund the estimated special benefit improvement costs that are considered necessary to maintain and service those improvements. The detailed plans and specifications for the landscaping improvements to be provided and funded in whole or in part by the Distri ct assessments are on file in the Office of Public Works of the City of Poway and by reference these plans and specifications are made part of this Report. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1972 Act, the provi sions of the California Constitution , and the Omnibus Act; and the District shall incorporate into the District ea c h parcel that will receive special benefits from those improvements and the maintenance and servicing thereof. This Engineer's Report (the "Report") has been prepared pursuant to Chapter 1, Article 4 of the 1972 Act and the California Constitution , and presented to the City Council for its consideration and approval of the improvements to be provided within the District and the levy and collection of the assessments re lated thereto to fund the special benefit costs and expenses requ ired to service and maintain the designated improvements within the District commencing in Fiscal .Z-& /WILLDAN -Financial Services 13 of 49 May 21, 2019, Item #3.1 Lands cape Ma intenance Distri ct No. 19-1 Engineer's Report Fisc al Year 2019/202 0 Year 2019/2020. If any section , subsection, sentence , clause , phrase , or portion of this Report is , for any reason , held to be invalid or unconstitutional by the decision of any court of competent jurisdiction , such decision shall not affect the validity of the remaining provisions of the Report and each section , subsection , subdivision, sentence , clause , phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections , sentences, clauses , phrases, or portions might subsequently be declared invalid or unconstitutional. This Report outlines the District structure, the improvements, and the proposed assessments to be levied in connection with the special benefits the properties within the District will receive from the maintenance and servicing of the District improvements. The annual assessments to be levied on properties within the District will provide a funding source for the continued operation and maintenance of the landscaping improvements and appurtenant facilities with in the District. The net annual cost to provide the improvements is allocated to the benefiting properties using a weighted method of apportionment (refer to Assessment Methodology in Part II , Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services . The estimated cost of the improvements, maintenance, and servicing , and the proposed annual assessments budgeted and assessed against properties each fiscal year may include , but are not limited to , the estimated expenditures for regular annual maintenance and repair of the landscaping and related facilities ; incidental expenditures related to the operation and administration of the District; the collection of funds for operational reserves; the collection of funds to support periodic maintenance projects , rehabilitation projects and/or other capital improvement projects; deficits or surpluses from pri or fiscal years ; and reve nue s from other sources as authorized by the 1972 Act. Each parcel is to be assessed proportionately for only those improvements, services and expenses for which the parcel will receive special benefits. After formation of this District , in each subsequent fiscal year, the City shall establish the District's assessments based on an estimate of the costs to maintain , operate and service the improvements, including funding needed for capital improvement projects fo r that fiscal year and available revenues including fund balances, general benefit contributions, any additional City contributions , and the assessment limits established herein . The word "parcel," for the purposes of this Report , refers to an individual property assigned its own Assessor's Parcel Number ("APN ") by the San Diego County Assessor's Office . The San Diego County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments . Ballot Proceed ings Pursuant to the provisions of Article XIIID, section 4 of the Californ ia Constitution and the Omnibus Act, the City shall conduct a property owner protest ballot proceeding ("Ballot Proceeding ") for the proposed levy of new assessments as described in this Report . In conjunction with this Ballot Proceeding , the City Council will conduct a noticed publi c hearing to consider public testimony , comments , and written protests regarding the formation of the Distri ct and the establishment of the proposed assessments. Upon conclusion of the public hearing , property owner protest ballots received will be opened and tabulated to determine whether a majority protest exists as defined in Article XIIID of the California Constitution and the Omnibus Act. "A majority protest exists if, upon the conclusion of the hearing , ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property." I a. /WILLDAN ff Fin anc ial Servi ces 14 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 After completion of the ballot tabulation, the City Council will confirm the results of the balloting. If a majority protest exists for the proposed assessments and the assessment range formula presented and described herein , further proceedings to form the District and implement the new assessments shall be abandoned at this time. However, the City Council may continue to levy and collect annual assessments on these parcels to support the landscaping improvements currently provided and funded through Landscape Maintenance District No. 87-1 at the assessment rates and method of apportionment previously approved and adopted by the City Council for that District. If tabulation of the ballots indicate that a majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein , the City Council may adopt this Report (as submitted or amended); approve the District Diagram contained herein; and by resolution order the formation of the District; direct the improvements to be made; and confirm and approve the levy and collection of the assessments as outlined in this Report. Upon the successful formation of the District, the City Council may in the same resolution or in a sperate resolution , detach the territory and improvements within the District from Landscape Maintenance District No. 87-1 , and will discontinue the levy of LMD No. 87-1 assessments for such parcels beginning in Fiscal Year 2019/2020. The assessment rates and method of apportionment described in this Report, as approved or modified by the City Council, establishes the Fiscal Year 2019/2020 maximum assessment rate for the District which includes an annual inflationary adjustment (referred to as an Assessment Range Formula), and the assessments to be submitted to the San Diego County Auditor/Controller for inclusion on the Fiscal Year 2019/2020 property tax roll. Each subsequent fiscal year, an annual engineer's report for the District shall be prepared and presented to the City Council to address any proposed changes to the District, improvements, budget, and assessments for that fiscal year. The City Council shall annually hold a noticed public hearing regarding these matters prior to approving and ordering the levy of assessments for the upcoming fiscal year. The assessments as approved and ordered will be submitted to the San Diego County Auditor/Controller for inclusion on the property tax roll for each affected parcel for that fiscal year. Such assessments shall not exceed the annually adjusted maximum assessments as calculated and authorized herein unless the proposed new or increased assessments are approved by the property owners in a ballot protest proceeding . Report Content This Report has been prepared in connection with the formation of Landscape Maintenance District No. 19-1 and the levy of assessments commencing in Fiscal Year 2019/2020 , pursuant to a resolution of the City Council and consists of five (5) parts: Part I -Plans and Specifications : This section of the Report contains an overall description of the District, and the general nature, location, and extent of the improvements for which parcels will be assessed. The assessments as outlined in this Report are based on the local landscaping improvements and appurtenant facilities within the District that provide special benefits to the properties therein, including incidental expenses authorized pursuant to the 1972 Act. In conjunction with the descriptions of the improvements, a visual depiction of the landscape improvement areas is provided on the District Diagram contained in Part IV of this Report . More detailed information regarding the specific plans and specifications associated with the District improvements are on file in the Public Works Department and by reference are made part of this Report . .r & /WILLDAN D Financial Services 15 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No . 19-1 Engineer's Report Fiscal Year 2019/2020 Part II -Method of Apportionment This section provides a discussion of the general and special benefits associated with the improvements to be provided within the District (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit and therefore not assessed. This section of the Report also outlines the method of calculating each property's proportional special benefit necessary to calculate the annual assessments. Part Il l -Estimate of Costs This section of the Report contains an estimate of the total annual costs to install , operate , maintain, and service the local landscaping improvements and appurtenant facilities within the District. The estimated annual expenses (budget) includes an estimate of the maintenance costs and incidental expenses (as defined in the 1972 Act) including, but not limited to: labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Act and deemed necessary to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution and are excluded from the amount to be assessed as special benefit. The resulting proposed maximum assessment rate per equivalent benefit unit (the "Maximum Assessment Rate Per EBU") identified in the budget establishes the maximum assessment rate as of Fiscal Year 2019/2020 and this maximum assessment rate shall be adjusted annually by an inflationary adjustment (Assessment Range Formula) , which is also described in this section of the Report. The maximum assessment amount to be balloted for each parcel is calculated based on the initial maximum assessment rate and the Assessment Methodology described in "Part II -Method of Apportionment" of this Report. While not shown as a budgeted expenditure at this time, if the District is formed and the assessments are approved, the City Council, at its discretion, may in the future provide a temporary advance (loan) to the District to expedite various capital improvement projects within the District (i.e., repair and rehabilitation of the improvements). Such loans shall be limited to funding that complies with the provisions of California State law and shall be paid back to the City through the annual assessments and available funds collected for CIP and Rehabilitation Funding and/or Operational Reserves. Ultimately, City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues. Part IV -District Diagram This section of the Report contains a diagram showing the boundaries of the proposed District for Fiscal Year 2019/2020 which incorporates each of the parcels that receives special benefits from the District improvements. This diagram also provides a visual depiction of the location of the improvements to be maintained. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of all parcels listed in "Part V - Assessment Roll" of this Report and the corresponding County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments , or parcel changes therein . Reference is hereby made to the San Diego County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. ~ .. /WILLDAN ~ Financial Services 16 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 Part V -Assessment Roll A listing of all Assessor Parcel Numbers of the properties within the District and each parcel's corresponding Fiscal Year 2019/2020 maximum assessment amount ("Balloted Maximum Assessment") and assessment amount proposed to be levied and collected for Fiscal Year 2019/2020 ("Assessment FY 2019/2020"). The proposed assessment amounts balloted and to be levied and collected for Fiscal Year 2019/2020 for each parcel is based on the parcel's calculated proportional special benefit as outlined in the Method of Apportionment (Part II of this Report) and the annual assessment rate established by the budget provided in the Est imate of Costs (Part Ill of this Report). Due to the number of parcels within the District, the Assessment Roll shall be filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor's Parcel Numbers and the corresponding assessment amounts contained in that electronic file are made part of this Report. !"A/WILLDAN ~ Financial Services 17 of 49 May 21, 2019, Item #3.1 Part I -Plans and Specifications Description of the District Landsc ape Ma intenan c e District No. 19-1 Engineer's Report Fiscal Year 2019/2020 The District is within the City of Poway in the southern region of the City, comprised of the non- residential and vacant properties generally located north of Beeler Canyon Road and the City limits, east of Old Pomerado Road and the City limits , west of Sycamore Canyon Road. The territory within the District consists of the lots or parcels of land shown on the Assessment Diagram contained herein in "Part IV -District Diagram " of this Report which is inclusive of all parcels listed in "Part V -Assessment Roll " of this Report and the corresponding County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared. The parcels within the District include all or a portion of the pa rcels identified on the following San Diego County Assessor's Parcel Maps: Book 317 Pages 22 , 27 , 28 , and 81 ; Book 320 Pages 01 , 20 , and 22 ; and Book 323 Pages 09, 48 and 50 Description of the Improvements As authorized by the 1972 Act, the proposed improvements to be provided by the District incorporates local landscaping improvements and appurtenant facilities that are maintained and serviced for the benefit of real property within the District. The various improvements to be maintained by the District have been installed in connection with the development of properties for the benefit of those properties , and/or proportionately shared with nearby adjacent developments , or were otherwise considered necessary or required for the development of properties within the District to their full and best use and/or the adjacent developments that proportionately benefit and share those improvements. The work to be performed within the District may include, but is not limited to (as applicable), the personnel ; materials ; equipment; electricity; water; contract services ; maintenance, repair and rehabilitation of the improvements; and incidental expenses required to operate the District and provide the improvements and services . The annual assessments to be levied on properties within the District provide a source of funding to support the continued operation and maintenance of these improvements that provide a particular and distinct benefit (special benefit) to those properties. Each parcel shall be assessed proportionately for only those improvements , services , and expenses for which the parcel re ceives special benefits . !a. /WILLDAN """M¥_J Fi nancial Services 18 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 The landscape improvements to be funded by the District assessments may include, but are not limited to: turf; ground cover; shrubs and plants; areas of natural vegetation; trees; irrigation systems; specific masonry walls, including sound walls and retaining walls; monuments; hardscapes; and other related appurtenant facilities within the District that have been dedicated to the City for maintenance, including, but are not limited to: ► median island landscaping and hardscape improvements within the District; ► designated streetscape side-panel landscaping adjacent to the streets and properties within the District, including parkways, slopes and entryways; and ► designated non-street landscaping and/or vegetation management areas, including, but not limited to, open space areas, greenbelts, and landscaping located adjacent to the properties within the District. The improvements within this District provide direct advantages to the parcels in the District (i.e., special benefits) that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share. The parcels are proportionately assessed, in whole or in part, for the special benefits they receive from the improvements. The improvement plans and specifications for the District are on file in the Office of Public Works of the City of Poway and by reference these improvement plans, and specifications are made part of this Report. The parcels within District are proportionately assessed, in whole or in part, for the special benefits they receive from the overall landscape improvements within the District, including, but not limited to, landscape areas on and around Pomerado Road, Community Road, Stowe Drive, Scripps Poway Parkway, Treadwell Drive, and Creek Road. The landscape improvements are dispersed throughout the District in immediate proximity to each of the assessed parcels and are generally summarized by the following: ► 34,462 square feet of streetscape landscaping located on the east side of Pomerado Road from Stowe Drive to approximately 730 feet north of Stowe Drive. ► 7,024 square feet of landscaped median and 1,959 square feet of hardscaped median on Pomerado Road north of Stowe Drive. These improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and another revenue sources (General Fund and/or LMD No. 87-1). ► 120,224 square feet of streetscape landscaping located on the east side of Pomerado Road between Stowe Drive and Scripps Poway Parkway. ► 30,168 square feet of landscaped median and 2,853 square feet of hardscaped median located on Pomerado Road between Stowe Drive and Scripps Poway Parkway. These median improvements provide a shared benefit to properties on the west side of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and/or LMD No. 87-1). ► 7,932 square feet of streetscape landscaping located on the south side of Scripps Poway Parkway between the western City limit and Pomerado Road (that portion adjacent to the District parcels). The remaining 199,333 square feet of landscaping on the south side of Scripps Poway Parkway between the western City limit and Pomerado Road is not part of LMD No. 19-1 and not assessed). ► 11,362 square feet of landscaped median and 1,366 square feet of hardscaped median located on Scripps Poway Parkway between the western City limit and Pomerado Road. These median improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and/or LMD No. 87-1). ~a,7WILLDAN ~ Financial Services 19 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 ► 39,687 square feet of streetscape landscaping located on the south side of Treadwell Drive between Pomerado Road and 828 feet west of Pomerado Road. These landscape improvements provide a shared benefit to properties in the District and the residential development south of Treadwell Drive (LMD No. 87-1) and are therefore equally funded by the District and LMD No. 87-1). ► 5,704 square feet of landscaped median and 1,657 square feet of hardscaped median area located on Pomerado Road between Treadwell Drive and the southern City limits. These median improvements provide a shared benefit to properties on both sides of Pomerado Road and are therefore equally funded by the District and other revenue sources (General Fund and/or LMD No. 87-1 ). ► 48,785 square feet of streetscape located on the west and east sides of Pomerado Road between Scripps Poway Parkway and Treadwell Drive. ► 3,675 square feet of landscaped median and 1,971 square feet of hardscaped median on Pomerado Road between Scripps Poway Parkway and Treadwell Drive. ► 16,528 square feet of streetscape landscaping located on the north side of Creek Road between Pomerado Road and 345 feet east of Pomerado Road. ► 954,945 square feet of streetscape landscaping located on the north and south side of Scripps Poway Parkway between Pomerado Road and Kirkham Road. ► 52,151 square feet of landscaped median and 1,654 square feet of hardscaped median on Scripps Poway Parkway between Pomerado Road and Kirkham Road. ► 133,059 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Kirkham Road and Community Road. ► 11,630 square feet of landscaped median and 4,835 square feet of hardscaped median on Scripps Poway Parkway between Kirkham Road and Community Road. ► 24,247 square feet of streetscape landscaping located on the east and west sides of Community Road between Scripps Poway Parkway and Gregg Street. ► 288,761 streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Community Road and Parkway Centre Drive. ► 31,701 square feet of landscaped median and 25,834 square feet of hardscaped median on Scripps Poway Parkway between Community Road and Parkway Centre Drive. ► 159,212 square feet of streetscape located on the north and south sides of Scripps Poway Parkway between Parkway Centre Drive and Stowe Drive. ► 23,355 square feet of landscaped median and 19,951 square feet of hardscaped median on Scripps Poway Parkway between Parkway Centre Drive and Stowe Drive. ► 18,394 square feet of streetscape landscaping located on the west side of Stowe Drive between Scripps Poway Parkway and Kirkham Road. ► 138,966 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Stowe Drive and Danielson Street. ► 31,146 square feet of landscaped median and 26,746 square feet of hardscaped median on Scripps Poway Parkway between Stowe Drive and Danielson Street. ► 36,176 square feet of streetscape landscaping located on the north and south sides of Scripps Poway Parkway between Danielson Street and 2,000 feet east of Danielson Street. ► 31,146 square feet of landscaped median and 26,746 square feet of hardscaped median on Scripps Poway Parkway between Danielson Street and 2,000 feet east of Danielson Street. -•1/WILLDAN ~ Financial Services 20 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 ► 8,248 square feet of streetscape landscaping located on the west side of Stowe Drive between Danielson Street and Scripps Poway Parkway ► 29,242 square feet of streetscape landscaping located on the south side of Stowe Drive between Crosthwaite Circle East and Danielson Street. ► 15,662 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Parkway Centre Drive and Crosthwaite Circle East. ► 87,089 square feet of streetscape located on the north and south sides of Stowe Drive between Crosthwaite Circle West and Parkway Centre Drive. ► 121,596 square feet of streetscape landscaping located on the south side of Stowe Drive between Mclvers Court and Crosthwaite Circle West. ► 77,176 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Community Road and Mclvers Court. ► 2,362 square feet of hardscaped median on Community Road between Danielson Street and Scripps Poway Parkway. ► 80,993 square feet of streetscape landscaping located on the east and west sides of Community Road between Stowe Drive and Danielson Street. ► 3,925 square feet of landscaped median and 2,270 square feet of hardscaped median on Community Road between Stowe Drive and Danielson Street. ► 78,347 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Brookprinter Place and Community Road. ► 6,518 square feet of streetscape landscaping located on the north side of Stowe Drive between Kirkham Road and Brookprinter Place. ► 588,134 square feet of streetscape landscaping located on the east and west sides of Community Road between Metate Lane and Stowe Drive. ► 25,082 square feet of landscaped median and 1,365 square feet of hardscaped median on Community Road between Metate Lane and Stowe Drive. ► 186,055 square feet of streetscape landscaping located on the east side of Community Road from 900 feet north of Metate Lane to Metate Lane. ► 29,161 square feet of streetscape landscaping located on the south side of Metate Lane from 670 feet west of Community Road to Community Road. ► 648,074 square feet of streetscape landscaping located on the north and south sides of Stowe Drive between Pomerado Road and lavelli Way . .. a,/wlLLDAN -~! Financial Services 21 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 Part II -Method of Apportionment Legislative Authority and Provis ions 1972 Act The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition , construction , installation and servicing of landscaping and lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value: Section 22573 defines the net amount to be assessed as follows : "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Section 22531 defines "maintain" or "maintenance" as follows : "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including: (a) Repair, removal, or replacement of all or any part of any improvement. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (c) The removal of trimmings, rubbish , debris, and other solid waste . (d) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Section 22538 defines "service" or "servicing"as follows: "Service" or "servicing" means the furnishing of: (a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. The formulas used for calculating assessments as established herein reflect the composition of parcels within the District and the improvements and activities to be provided , and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Article XIII D of the California Constitution . California Constitution The costs to operate and maintain the District improvements are identified and allocated to properties within the District based on the special benefits conferred . The improvements provided and for which properties are to be assessed are identified as local landscaping improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be required for the development of properties within the District. The District assessments and method of apportionment are based on the premise that these improvements would otherwise not have been installed and maintained by the City. The types of improvements and level of maintenance of the improvements are greater than what the City otherwise installs , maintains, and funds elsewhere in the City. Article XIII D Section 2(d) defines District as follows : "District means an area determined by an agency to contain all parcels which will re ceive a special benefit from a proposed public improvement or property-related service"; I &,Y WILLDAN 1'¥f Financial S8fVi ces 22 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Eng i neer 's Report Fiscal Year 2019/2020 Article XIII D Section 2(i) defines Special Benefit as follows : "Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit." Article XIII D Section 4(a) defines proportional special benefit assessments as follows: "An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which ex ceeds the reasonable cost of the proportional special benefit conferred on that parcel." Benefit Analysis The improvements provided by this District and for which properties will be assessed have been identified as necessary, desired, and/or required for the orderly development of the properties within the District to their full potential, consistent with the development plans and applicable portions of the City's General Plan . Special Benefits The ongoing maintenance of landscaped areas within the District will provide aesthetic benefits to the properties within the District and are intended to provide a more pleasant environment to walk, drive, and work . The primary function of these improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding commercial properties and developments for which the improvements were constructed and installed , and/or were facilitated by the development or potential development of properties within the District. These improvements are an integral part of the physical environment associated with the parcels in the District and while some of these improvements may in part be visible to properties outside the District, collectively, if these improvements are not properly maintained , it is the parcels within the District that would be aesthetically burdened . Additionally, these landscape improvements provide visually pleasing open space areas and green spaces that serve as an extension of the physical attributes of the parcels assessed, such as privately maintained landscape areas , and to some extent may also provide a greater opportunity for recreation as well as serving as a physical buffer and/or sound reduction buffer between the roadways and the properties in the District. Thus , the maintenance of these landscaped improvements provides advantages and benefits to the assessed properties that affect the assessed parcels in a way that is particular and distinct from their effect on other parcels and that real property in general and the public at large do not share . Collectively these landscaping improvements and related amenities which are proposed to be funded by the special benefit assessments, enhance the overall use , presentation , enjoyment , recreational access, and marketability of the properties, and ensure the long-term cost- efficiency of services that are obtained through the City provided maintenance (economy of scale) . ... &/WILLDAN ~ Financial Services 23 of 49 May 21, 2019, Item #3.1 General Benefit Calculated (Direct) General Benefit Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed , it is evident these improvements have been installed as part of the development of properties within the District or are improvements that would otherwise be shared by and/or required for development of those properties. Although the District improvements are located on public streets or public areas that are typically visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the properties within the District that are directly associated with these improvements (particularly the level of maintenance and servicing) are not required nor associated with any properties outside the District. It is also evident that: (1) the maintenance of these improvements and the level of maintenance provided, has a direct and particular advantage (i.e., special benefit) only to those properties in close proximity to the improvements, including those developments and properties that are directly accessed from the streets where the improvements are located; and (2) such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general , limits any indirect or incidental benefit that the public at large or properties outside the District receive from the improvements . In the absence of a special funding district, these types of improvements would not have been installed by the City and the City 's maintenance of these improvements would , for the most part, be limited to tree management services necessary to ensure public safety and protection of property, weed abatement, rodent control, and erosion control services for the various landscape areas that are provided elsewhere in the City . This basic or baseline level of service would typically provide for periodic servicing of these areas on an as-needed bas is. This baseline level of service, which is provided elsewhere in the City, would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage . However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through the District assessments. On average, the cost to provide this baseline level of service for the District's streetscape landscape areas is estimated to be approximately $1,120 per acre (approximately $0 .0257 per square foot) and approximately $670 per acre (approximately $0 .0154 per square foot) for non- streetscape landscape areas , including a five percent (5%) cost factor for City overhead and administration. Indirect (Incidental) General Benefits In addition to the general benefit identified above , it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services , including : ► Minimization of dust and debris; and ► Decreased potential water runoff from both properties and the landscaped areas. Although these types of benefits might best be characterized as indirect consequences of the special benefits of the landscape maintenance provided to assessed parcels, for the purposes of calculating proportional benefits, we assume these types of benefits to be general benefits . It is apparent that trees , shrubs , plants , and other vegetation and groundcover reduce dust , debris, and potential water runoff that might otherwise occur if such landscape improvements ~a./WILLDAN D Financial Services 24 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 did not exist. However, it is also recognized that with the regular maintenance of the landscape improvements, and the effort and cost to monitor and address these issues, are reduced to isolated areas and/or less frequent servicing, and these activities, generally represent less than two percent (2%) of the overall landscape maintenance costs. While conservatively we estimate that the costs associated with these indirect and incidental benefits typically are less than two percent (2%) of the annual maintenance expenditures for the landscaping improvements, for budgeting purposes and establishment of the annual assessments, four percent (4%) the budgeted maintenance expenditures for the landscaping will be deducted from the annual expenses as a general benefit expense. Likewise, it is recognized that the arterial streets within the District are routinely traveled by the general public and other property owners within the City. While the landscape improvements along these arterial streets do not provide a special benefit to properties outside the District, these particular improvements inherently reflect the overall aesthetic appearance of that region of the City and the City as a whole and therefore, to some extent provide some measure of indirect general benefit to other properties in the City and the public at large. It is estimated that the overall arterial landscape improvements in this District (located on Scripps Poway Parkway, Community Road, and Pomerado Road) represent approximately twenty percent (20%) of the overall landscaping maintained by the City on its arterial streets and main thoroughfares . While much of the traffic on these arterials and main thoroughfares within the District , including Stowe Drive, tend to be regional in nature, largely serving the properties in the immediate area that are directly accessed by those streets, it is also recognized that Scripps Poway Parkway, Community Road, and Pomerado Road each extend beyond the District boundaries to areas outside the City as well as other regions of the City. Travelers to these other areas and properties will typically utilizing multiple segments of the City's arterial streets with landscaping improvements which may be funded by various revenue sources including other districts. Likewise, the owners, business, and customers associated with the parcels within this District also travel those arterial streets outside the District which have landscaping funded by other sources. In reviewing available traffic data posted by the San Diego Association of Governments ("SANDAG"), it is estimated that Scripps Poway Parkway, Community Road, Pomerado Road and Stowe Drive within the District boundaries account for approximately thirty-eight percent (38%) of the total Average Daily Vehicular Trips (ADT) associated with the City's arterial street segments, including, Espola Road, Camino Del Norte!Twin Peaks, Community Road , Ted Williams Parkway, Pomerado Road, Scripps Poway Parkway, and Stowe Drive, and also account for only about 23% of the total ADT when the street segments between the City and Interstate 15 (San Diego Streets) are included in the counts. Further evaluation of the SANDAG traffic data indicates that Scripps Poway Parkway and Pomerado Road are two of the highest traveled arterial streets in the City, and together within the boundaries of the District these two streets, represent approximately twenty-seven percent (27%) of the total City arterial ADT count (Scripps Poway Parkway -21% and Pomerado Road -6%). However, the data also indicates that only 25% of the total ADT on Pomerado Road is within the District and the ADT counts along the various segments are fairly consistent with the full length of Pomerado Road. This consistency in the ADT counts suggest that much of the vehicular traffic on Pomerado Road is local property generated rather than pass-through traffic. Similarly, on Scripps Poway Parkway, the ADT count east of Community Road to the City limits diminishes dramatically from the ADT count west of Community Road to Pomerado Road (a 42% reduction), and the ADT count east of Community Road represents approximately twenty-three percent (23%) of the ADT on Scripps Poway Parkway and thirteen percent (13%) of the total ADT within the District . 25 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 Based on the preceding facts and observations, we have determined that approximately thirteen percent (13%) of the cost to maintain the arterial landscape improvements within the District would be considered indirect and incidental benefit (i.e., general benefit) costs and not assessed to properties in the District. This percentage is based on the combined consideration of the area being maintained and the overall traffic volume, plus pass-through traffic: ► Approximately twenty percent (20%) of the overall landscaping maintained by the City on its arterial streets and main thoroughfares is within the District and the arterial streets in the District represent approximately thirty-eight percent (38%) of the City's total ADT on its arterial street segments. (20% x 38% = 7.6% of the proportional landscape area and traffic volume). ► Approximately twenty-one percent (21%) of the overall ADT identified for the City's arterial street segments are associated with Scripps Poway Parkway which passes through the City limits on both the east and west sides of the City and it is estimated that twenty-three percent (23%) of those trips are attributable to pass-through traffic. (21% x 23 % = 4.83% through traffic). The combination of the ratio of maintained area to traffic volume and the ratio of through-traffic to overall traffic volume, (7.60% + 4 .83% = 12.43%) provides a reasonable estimate of the indirect and incidental benefit (i.e., general benefit) associated with the arterial landscape improvements within the District and are not assessed . Therefore, in addition to the four percent indirect or incidental general benefit costs identified previously, the City will contribute an additional thirteen percent (13%) of the annual maintenance expenditures associated with the arterial landscape improvements. The quantified baseline general benefit costs and the indirect/incidental general benefit costs identified above shall be excluded (i.e., separated) from the special benefit assessment funding and not assessed to the parcels within the District. The total calculated general benefit cost for the landscaping improvements is approximately $143 ,235 based on the current District improvements. As with many maintenance costs , General Benefit Costs may be impacted by inflation in subsequent fiscal years, and the General Benefit Costs contributions may be adjusted for inflation accordingly. Assessment Methodology Upon the successful formation of this District, the City proposes to annually levy and collect special benefit assessments commencing in Fiscal Year 2019/2020 to fund the operation, maintenance and servicing of the improvements that provide special benefits to parcels within the District. The estimated annual cost to operate, maintain , and service the District improvements for Fiscal Year 2019/2020 are identified in the budget section of this Report (Part Ill of this Report). To calculate and identify the proportional special benefits received by each parcel and ultimately each parcel's proportionate share of the improvement costs, it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in the District Article XIIID Section 4(a) reads in part: " ... The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a public improvement or for the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." ~ .. /WILLDAN "D Flnanclal Services 26 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 Landscaping improvements like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the nature and extent of such improvements, and the location of the improvements in relationship to properties associated with those improvements. To establish the proportional special benefit and ultimately the assessment obligation for each parcel, these factors need to be addressed and formulated in the method of apportionment by the specific use of the property and characteristics that reflect each parcel's proportional special benefit as compared to other properties that benefit from those same improvements. The method of apportionment (method of assessment) developed for this District is based on the premise that each property to be assessed receives a particular and distinct benefit (special benefit) from the improvements, services and facilities to be financed by the District assessments. To proportionately assess the special benefits, it is necessary to calculate each property's relative share of the special benefits conferred by the funded improvements and services. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit of benefit (base value) and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. This EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the special benefits conferred on each parcel from the improvements are apportioned as a function of comparable property characteristics. The base value and assessment formula utilized in other districts may be different but is typically established to reflect the improvements and properties that specially benefit from those improvements utilizing property characteristics that may include, but are not limited to, the type of development (property land use), property's development status, the proximity of the property to the improvements, and size of the property (acreage or units). For the purposes of this Engineer's Report, an EBU is the quantum of special benefit derived from the various improvements by one acre of a developed non-residential parcel. The acreage associated with developed non-residential parcels has been selected as the basic value for calculation of assessments since developed non-residential land use represents approximately 81 % of the acreage of the benefiting parcels in the District. Thus, the "benchmark" property (1.0 acres of developed non-residential property) derives one EBU of special benefit and is assigned 1.00 EBU . The following outlines the land use classifications that are associated with or may be associated with the parcels in the District and the proportional EBUs established for those land use classifications. Land Use Classifications Non-Residential Developed --This land use is defined as a parcel that has been developed with a non-residential use, including , but not limited to, both publicly-owned and privately-owned commercial retail or service, office or professional service, hotel or motel , manufacturing, warehousing, parking lot, and/or institutional facilities, including hospitals or other medical facilities, private schools or education centers, and churches or other non-profit organizations . As previously noted , one acre of a developed non-residential parcel has been selected as the basic value for calculation of assessments and is assigned 1.00 EBU per acre or portion thereof. Therefore, the EBU assigned to each developed non-residential property is established by multiplying the parcel's applied acreage by 1.0 EBU per acre (e.g., a developed non- residential parcel of 4.25-acres would be assigned 4.25 EBU, 4.25 acres x 1.0 EBU/acre = 4 .25 EBU). r.~,/WILLDAN ~ Financial Services 27 of 49 May 21, 2019, Item #3.1 Landscape Mainte nance District No. 19-1 Engineer 's Report Fiscal Year 2019/2020 Vacant Undeveloped Property --This land use classification includes undeveloped properties that are identified as parcels with no development but have the potential to be developed. Although it is recognized that most of the improvements within the District have been constructed and accepted for maintenance in large part as a direct result of the development of the properties within the District and these developments clearly receive particular and distinct benefits (direct special benefits) from those improvements, it is also recognized that the various improvements within the District are considered improvements shared by multiple developments or parcels within a specific area of the City rather than being specifically associated with an individual parcel. Collectively the various improvements were installed and constructed as part of the overall development of properties within the District to their full and best use , including vacant undeveloped properties in the vicinity of those improvements . However, it is also recognized that in part the aesthetic benefits of the District improvements to properties in the District are related to the use of those properties (people related) and undeveloped properties have less immediate utilization of those improvements. Therefore, parcels identified as Vacant Undeveloped Property , up to 20 acres shall be assigned a proportional EBU that is 50 % of that assigned to developed properties , which is 0.50 EBU per acre (50% of the 1.0 EBU per acre assigned to Developed Non-Residential properties) up to a maximum of 10 .00 EBU . Once a vacant undeveloped property is developed it will be classified as non-residential development. Exempt Properties --Within most districts, there are lots or parcels of land that because of their size, the nature of their use, and/or the types of improvements being maintained by a district, do not receive a special benefit from the improvements (i.e ., are e xempt from assessment). These parcels may include, but are not limited to , public streets and other roadways (typically not assigned an APN by the County); dedicated public easements , public rights-of-way , or utility rights-of-way ; common areas, bifurcated lots; sliver parcels or any othe r parcel that has little or no assessed value and cannot be developed independently ; parcels that are part of the improvements being maintained by the District and/or public property that provides substantially similar landscape improvements for the benefit of parcels in the District o r the public at large, such as parks and dedicated open space areas. These types of parcels are considered to receive no special benefit from the improvements and are therefore exempted from assessment and are assigned 0 .00 EBU . Special Case Parcels --In many landscaping and lighting districts (particularly districts that have a wide range of land uses , multiple developments , and/or diversity in the location and type of improvements) there may be one or more parcels to be assessed that the standard land use classifications and proportionality identified above do not accurately identify the use and special benefits received from the improvements. Properties that are typically classified as Special Case Parcels usually involve partial or mi xed use development of the property or development restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefits . Examples of such restrictions may include situations where only a portion of the parcel 's total acreage is or can be developed . In such a case, the net acreage of the parcel that is utilized , rather than the gross acreage of the parcel , may be applied to calculate the parcel 's proportional special benefit. Each such parcel shall be addressed on a case-by-case basis by the Assessment Engineer. The EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements. l a./wlLLDAN ·~ Financial Services 28 of 49 May 21, 2019, Item #3.1 Lan dscape Maintenan ce District No. 19-1 Engineer's Report Fi scal Yea r 2019/2020 At the time this Report was prepared , no parcels within the District are designated as Special Case Parcels . However, this Special Case designation may be applicable to one or more parcels in subsequent fiscal years due to parcel changes , property development, and/or annexation of territory into the District. How the proportional special benefit and assessment for each Special Case parcel will depend on the reason for the parcel being des ignated as a Special Case . Equivalent Benefit Unit Summary A summary of the applied Equivalent Benefit Units (EBUs) described above for the various land use classifications within the District is shown in the following table: Assessment Land Use Equivalent Benefit Unit Calculation Non-Residential De-..eloped Vacant Un de-..eloped Exempt Special Case -&/WILLDAN --Financial Services 1.00 EBU per Acre 0.50 EBU per Acre (Max imum 20 Acres and 10 .0 EBU) 0.00 EBU per Acre Varied EBU per Parcel 29 of 49 May 21, 2019, Item #3.1 Part Ill -Estimate of Costs Calculation of Assessments Landsc ape Maintenan ce District No. 1 9-1 Engineer's Report Fis ca l Year 2019/2020 An assessment amount per Equivalent Benefit Unit (Assessment per EBU) is calculated by: Taking the "Total Annual Expenses" (Total budgeted costs) and subtracting the "Total General Benefit Expenses" (Landscaping General Benefit Expenses), to establish the "Total Special Benefit Expenses"; Total Annual Expenses -General Benefit Expenses = Special Benefit Expenses To the resulting "Special Benefit Expenses", various "Funding Adjustments" may be applied that may include, but are not limited to: ► "Reserve Fund Transfer/Deduction ", represents an amount of available existing funds from the "Operational Reserve Fund Balances" being applied to pay a portion of the Special Benefit Expenses for the fiscal year. ► "Additional City Funding ", represents an adjustment that is typically used to address any funding gap between the amount budgeted to provide the improvements and services ("Special Benefit Expenses"); and the amount that will be collected through the assessments . This funding may be addressed by an additional City contribution or loan from the City which is intended to be recovered in future fiscal years . These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed "Balance to Levy"; Special Benefit Expenses -Funding Adjustments = Balance to Levy The amount identified as the "Balance to Levy" is divided by the total number of EBUs of parcels that receive special benefits to establish the Assessment Rate ("Assessment Per EBU "). This Assessment Rate is then applied back to each parcel 's individual EBU to calculate the parcel's proportionate special benefits and assessment amount for the improvements . Balance to Levy/ Total EBU = Assessment Per EBU (Assessment Rate) Assessment Per EBU x Parcel EBU = Parcel Assessment Amount Note: The maximum assessments outlined in this Report are intended to fully support the expenses identified as "Special Benefit Expenses". Consequently, there are no "Funding Adjustments" reflected in the budgets establishing the maximum assessment rates , and therefore , the "Balance to Levy " is equal to the total "Special Benefit Expenses". 30 of 49 May 21, 2019, Item #3.1 District Budget and Assessments Landscape Maintenance District No. 19-1 Engin eer's Report Fisc al Year 2019/2020 The budget and assessment rates outlined on the following page are based on the C ity 's estimate of the expenses and related funding necessary for t he operation , maintenance and servicing of the District improvements as identified in Part I of this Report. The budget provided herein establishes the initial Ma ximum Assessment per EBU (Maximum Assessment Rate) for Fiscal Year 2019/2020 which shall be presented to the property owners of record within the District as part of the Ballot Proceeding. This Maximum Assessment Rate is identified in the budget as the "Balloted Maximum Assessment Rate Per EBU ". In add ition , the proposed assessment rate to be applied for the calculation of the parcel assessments to be levied and collected for Fiscal Year 2019/2020 is identified in the budget as the "Assessment Per EBU". Reference is hereby made to the assessment roll included herein as Part V for the individual maximum assessment amounts balloted for each parcel and the proposed assessment for Fiscal Year 2019/2020 . 31 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District N o. 19-1 Engineer's R eport Fiscal Year 2019/2020 Fiscal Year 2019 /2020 Assessment and Initial Max i mum Assessment Budget BUDGET ITEMS ; ANNUAL OPERATION & MAINTENANCE EXPENSES Landscape Maintenance Tree Maintenance Landscape Irrigation (Water, Electricity, Maintenance & Repair) TOTAL ANNUAL OPERATION & MAINTENANCE EXPENSES LMD No. 19-1 Fiscal Year 2019/2020 $ $ 344,034 61 ,430 310,294 715,758 REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES . . Landscape Improvement Rehabilitation/Renovation Funding Planned Capital Expenditures (For Current Fiscal Year) _$ ______ _ TOTAL REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITU $ INCIDENT AL EXPENSES Operational Reserves (Collection) Annual Administration Expenses TOT AL INCIDENT AL EXPENSES TOT AL ANNUAL EXPENSES GENERAL BENEFIT EXPENSES TOTAL SPECIAL BENEFIT EXPENSES FUNDING ADJUSTMENTS TOTAL FUNDING ADJUSTMENTS/ CONTRIBUTIONS BALANCE TO LEVY DISTRICT STATISTICS Total Parcels Assessed Parcels Eauivalent Benefit Units (EBU) Assessment Per EBU (1) Balloted Maximum Assessment Rate Per EBU Balloted Amount $ $ $ $ $ $ $ $ ·FUND BALANCE . . . . ' . Estimated Beginning Fund Balance Operationa l Reserve & Rehabilitation Funding Collected Estimated Ending Fund Balance $ $ 164,290 164,290 880,048 {143,235) 736,813 736,813 360 326 877.94 $839.2600 $840.00 737,466.66 545,405 545,405 !1) The "Assessment Per EB U" shown above represents the proposed assessment rate to be applied for the levy and co llection of assessments for Fiscal Year 2019/2020. 32 of 49 May 21, 2019, Item #3.1 Assessment Range Formula Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 Any new or increased assessment requires certain noticing, meeting , and hearing requirements by law. The Omnibus Act defines the terms "new or increased assessment" to exclude certain conditions. These certain conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." Under the Omnibus Act, an assessment is also not deemed to be increased "in the case in which the actual payments from a person or property are higher than would have resulted when the agency approved the ... assessment ... , if those higher payments are attributable to events other than an increased rate or revised methodology, such as a change in the density, intensity, or nature of the use of land . Recognizing that the cost of maintaining the improvements will increase over time due to inflation, the maximum assessments (initial maximum assessment amounts and maximum assessment rate established herein for fiscal year 2019/2020), shall include an annual inflationary adjustment (Assessment Range Formula). The Assessment Range Formula for this District is defined by the following: Commencing in fiscal year 2020/2021 and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year may be adjusted by the lesser of three percent (3%) or the percentage increase in the Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the San Diego Area for All Items for All Urban Consumers (CPI-U), as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time. Each fiscal year the City shall identify the percentage change in the CPI, using the difference over a 12-month period between the current year and the previous year (Annual Average). This annual percentage change is generally established based on the average percentage change from the prior year, but a similar 12-month time period may be used if the data for the annual average is not available. This percentage difference shall then establish the range of increase to the maximum assessment rate allowed, but the adjustment applied to the maximum assessment rate shall not exceed 3%. If the percentage change in the CPI-U is negative, the maximum assessment rate may not be adjusted from the previous fiscal year (unchanged). If the percentage change in the CPI-U is greater than 3% then the maximum assessment rate may be adjusted by 3%. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living. This annual adjustment to the authorized maximum assessment rate (adjusted maximum assessment rate) will provide for an appropriate and reasonable increase to the maximum assessment rate to address normal cost increases anticipated over the years as a result of inflation . This Assessment Range Formula shall be identified in the assessment ballots being presented to the property owners as part of the protest ballot proceeding conducted for the formation of the District. In subsequent fiscal years, any proposed annual assessment (rate per EBU) less than or equal to the calculated (adjusted) Maximum Assessment Rate for that fiscal year is not considered an increased assessment, even if the proposed assessment is significantly greater than the assessment applied in the prior fiscal year. Changes in land use or size of an individual property resulting in an assessment increase, is not considered an increased assessment. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula or as a result in change in land use or size of an 1°a./wlLLDAN "Y¥ Financial Services 33 of 49 May 21, 2019, Item #3.1 Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 individual property, the City must comply with the provisions of the California Constitution Article XIIID section 4, that require the preparation of an assessment engineer's report, a public hearing and certain protest procedures, including mailed notice of the public hearing and property owner protest balloting . Property owners, through the balloting process , must approve a proposed new or increased assessment before such an assessment may be imposed . r a./wlLLDAN W Flnanclal Services 34 of 49 May 21, 2019, Item #3.1 Part IV -District Diagram Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 The District Diagram provided on the following page provides a visual depiction of the boundaries of Landscape Maintenance District No . 19-1 for Fiscal Year 2019/2020. This diagram also provides a visual depiction of the location and approximate extent of the improvements to be maintained as part of the District improvements. The combination of this Diagram and the Assessment Roll referenced in Part V of this Report constitutes the Assessment Diagram for this District and encompasses all the lots , parcels and subdivisions of land that receive or will receive a special benefit from the improvements to be provided in the District at the time this Report was prepared. Reference is hereby made to the San Diego County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each parcel within Landscape Maintenance District No. 19-1 including all subsequent subdivisions , lot-line adjustments , or parcel changes therein . 35 of 49 May 21, 2019, Item #3.1District Diagram ~ _E ~ Danes t !: -: fr -,-tRdi ..... t~ ~q Pow~y ~d CO Hwy 5A ! OakKnotiR.d r Bucit~kin 1T(, .. 1.1 ;,... > ii'', 0:: C e g r, "' ~V•sta Sl o~' City Of Poway: LMD No. 19-1 District Diagram 0 o•• ... ~ rairgate o,.. '" -< > ""'.,,~ Wooctgatc Pl ro 5 ,wa'y WOOdy Ln Landscape Maintenance District No. 19-1 Engineer's Report Fiscal Year 2019/2020 C 0 ro '5 -"' "' i ()1 r--Meadow ls I ,.,_o\,r-\.J'I Kittery St f L.JLl J·~ .--.--, Erm ln '-g -Scarboro St , 1 Creek Ln ~ " ~ rr-Y"'T C lOtJettal.n~ u:, Gle~viJle_ S~ .g O'----Jolle)I ......... !G".I -?:1(;;; ~ ~-~r"' ~-~'i Ln_ %._,l' % (\~,,. Mtny.; Ln ~ I !J/ Q/ )> ~ Hr~h Pine St...:.. I Parcels Page 24 36 of 49 May 21, 2019, Item #3.1 Part V -Assessment Roll Landscape Maintenance District No . 19-1 Engineer's Report Fiscal Year 2019/2020 Due to the number of parcels within Landscape Maintenance District No . 19-1 , the Assessment Roll containing the maximum assessment amounts to be balloted and the proposed new assessment amount to be levied and collected for fiscal year 2019/2020 has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report. The proposed Assessment Roll shall be available for public inspection in the City Clerk's Office during normal office hours . Each parcel listed on the Assessment Roll is currently shown and illustrated on the San Diego County Assessor's Roll and reflective of the Assessor's Parcel Maps at the time this Report was prepared and shall incorporate all subsequent parcel changes, lot-line adjustments , and subdivisions of land identified by the San Diego County Assessor's Office. These records are, by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change pending the outcome of the Ballot Proceedings and/or as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County generating tax bills for the fiscal year. !.& 7 WILLDAN ""WI Financial Services 37 of 49 May 21, 2019, Item #3.1Attachment B -., ... ,\>,"·.,, ~ -~·•:'-' ..;., ;'?" ':._XU 1• .\7, ;,, . i.' ::· ·-; ' i 0 i i i i i i i i ! .,{ '_I I i '-• ! City Of Poway: Overview Map Daite: 12/20/2018 .,.; .,------·-J •·-·-·•-•·-•--·•·-·' -; Legend Improvements General Fund -LLD 19-1 (Commercial) -LLD 87•1 (Residential) -Shared 87-1 & 19-1 -Shared GenFund & 19-1 -Shared GenFund & 87-1 LMD parcels 19-1 19-1 Being Added 87-1 r:.:-:J City Boundary Parcels 38 of 49 May 21, 2019, Item #3.1Attachment C RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDING CONDUCTED FOR THE LEW OF ASSESSMENTS RELATED TO THE FORMATION OF THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 19-1 AND THE WRITTEN PROTEST PROCEEDING FOR THE DETACHMENT OF TERRITORY FROM THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1, AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, on April 2, 2019, the City Council of the City of Poway (the "City") adopted Resolution No. 19-018 initiating proceedings to form Landscape Maintenance District No. 19-1 (the "District"), to detach from the City of Poway Landscape Maintenance District 87-1 ("LMD 87-1") those certain lots and parcels of land to be included in the District that are currently located in LMD 87-1 (the "Detached Parcels"), and directing the preparation and filing of an assessment engineer's report pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (the "1972 Act"), and in compliance with the substantive and procedural requirements of Article XIII D, section 4 of the California State Constitution (the "California Constitution") and the Proposition 218 Omnibus Implementation Act (the "Omnibus Act"), being Government Code section 53750 et seq., (collectively, the "Assessment Law"); WHEREAS, the City Council did receive an Assessment Engineer's Report (hereafter referred to as the "Engineer's Report") prepared by Willdan Financial Services in accordance with the Assessment Law; WHEREAS, on April 2, 2019, the City Council adopted Resolution No. 19-019 declaring its intention to: (i) form the District; (ii) levy and collect new assessments against lots and parcels of land within the District to pay the cost and expenses related to the special benefits received from the operation, maintenance, installation and servicing of landscaping improvements, and appurtenant facilities related thereto; (iii) conduct a property owner ballot protest proceeding regarding the proposed assessments; and (iv) detach the Detached Parcels, subject to and conditioned upon the formation of the District in accordance with the Assessment Law; WHEREAS, the Engineer's Report has been made a part of the record of these proceedings and is on file in the office of the City Clerk (the "City Clerk"); WHEREAS, pursuant to Resolution No. 19-019, the City Council: (a) set the time and place for conducting a public hearing for the purpose of hearing property owner protests to the proposed formation of the District, maintenance and servicing of the improvements and the assessments proposed to be levied on land within the District; and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor of or in opposition to the formation of the District, the assessment proposed to be levied on such parcel and the detachment from LMD 87-1 as applicable; 39 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 2 WHEREAS, in accordance with the Assessment Law, the City Council duly held a property owner ballot protest proceeding for the formation of the proposed District for the purpose of presenting to the qualified property owners within the proposed District, the annual levy of assessments for the improvements connected therewith and the detachment of the Detached Parcels subject to and conditioned upon the formation of the District. The annual levy of assessments, as presented to the affected property owners of record in this ballot protest proceeding, included and identified the initial maximum assessment rate for Fiscal Year 2019-20, the proportional assessment amount balloted for each benefiting property as well as the annual inflationary adjustment applicable to future assessments and the total amount balloted for the District. These assessments as presented are intended to fund in whole or in part, the special benefit costs and expenses related to the ongoing maintenance, operation and servicing of the local landscaping improvements and appurtenant facilities related thereto as more fully described in the Engineer's Report; and WHEREAS, the owners of record of identified parcels within the proposed District as of the close of the Public Hearing held on May 21, 2019 did cast their ballots, weighted by the proportional financial obligation of each property for which a ballot was submitted and not withdrawn, and the owners of the Detached Parcels were provided an opportunity to submit written protests to the proposed detachment of their parcels from LMD 87-1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the foregoing recitals are true and correct. Section 2: The ballot protest proceedings for the proposed District were conducted pursuant to the provisions of the Assessment Law, with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the Public Hearing on May 21, 2019, with each ballot weighted according to the proportional financial obligation of the affected property. The written protest proceedings for the detachment of the Detached Parcels were conducted in accordance with the 1972 Act. Section 3: The tabulation and canvass of the property owner protest ballots and written protests to the detachment of the Detached Parcels was conducted by the City Clerk or her designee, with all valid protest ballots and written protests returned by the affected property owners being counted and confirmed. The City Clerk has prepared and submitted to the City Council a Certificate of Tabulation Official and Statement of Assessment Ballots Submitted (the "Certificate of the Tabulation Official"), a copy of which is attached as Exhibit A hereto and incorporated herein by this reference, which reflects the results of the tabulation of the assessment ballots and written protests submitted and not withdrawn. Section 4: The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the results of such property owner ballot protest proceeding. Section 5: This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution. 40 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 3 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of May, 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 41 of 49 May 21, 2019, Item #3.1 Exhibit A Certificate of Tabulation Official and Statement of Assessment Ballots Submitted for City of Poway Landscape Maintenance District No. 19-1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) SS CITY OF POWAY ) Resolution No. 19- Page 4 The undersigned, the duly authorized tabulation official appointed by the City Council of the City of Poway, DOES HEREBY CERTIFY that pursuant to the provisions of Article XIII D of the Constitution of the State of California and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following), I did tabulate the assessment ballots timely submitted, and not withdrawn, in the assessment ballot proceedings pertaining to City of Poway Landscape Maintenance District No. 19-1. I FURTHER CERTIFY that this Statement of Assessment Ballots Received shows the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment and the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment, each total weighted according to the financial obligation of the affected properties for which the assessment ballots were submitted. Total assessment ballots distributed 360 Total assessment ballots submitted and not withdrawn Assessment ballots submitted, and not withdrawn, in favor of the orooosed assessment Weighted value of assessment ballots submitted, and not withdrawn, in favor of the orooosed assessment Assessment ballots submitted, and not withdrawn, in opposition to the orooosed assessment Weighted value of assessment ballots submitted, and not with-drawn, in onnosition to the orooosed assessment Total number of the record owners of the Detached Parcels Total number of written protests submitted in opposition to detaching the Detached Parcels A-1 42 of 49 May 21, 2019, Item #3.1 This certification is executed this __ day of __ , California. By: ___________ _ Title: _____________ _ A-2 2019 in Resolution No. 19- Page 5 43 of 49 May 21, 2019, Item #3.1Attachment D RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING THE FORMATION OF THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 19-1, CONFIRMING THE ENGINEER'S REPORT, THE ASSESSMENT DIAGRAM AND ASSESSMENTS RELATED THERETO, OVERRULING ALL PROTESTS CONCERNING THE ASSESSMENTS AND THE DETACHMENT OF CERTAIN PARCELS FROM THE CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1, APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2019-20; AND DETACHING CERTAIN TERRITORY FROM CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT NO. 87-1 WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act"), and in compliance with the substantive and procedural requirements of Article XIII D, section 4 of the California State Constitution (the "California Constitution") and the Proposition 218 Omnibus Implementation Act (the "Omnibus Act"), being Government Code section 53750 et seq., (collectively, the "Assessment Law"), the City of Poway (the "City") City Council by Resolution No. 19-018 initiated proceedings and directed the preparation and filing of an Engineer's Report in connection with the proposed formation of the City of Poway Landscape Maintenance District No. 19-1 (the "District"), to fund in whole or in part the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping improvements and appurtenant facilities related thereto, and to detach from the City of Poway Landscape Maintenance District 87-1 ("LMD 87-1") those certain lots and parcels of land to be included in the District that are currently located in LMD 87-1 (the "Detached Parcels"); WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 19-019 preliminarily approving the Engineer's Report, declared its intention to: (i) form the District; (ii) levy and collect new assessments against lots and parcels of land within the District to pay the cost and expenses related to the special benefits received from the operation, maintenance, installation, servicing of landscaping improvements and appurtenant facilities related thereto; (iii) conduct a property owner ballot protest proceeding regarding the proposed assessments; and (iv) detach the Detached Parcels, subject to and conditioned upon the formation of the District in compliance with the substantive and procedural requirements of Assessment Law; and set the Public Hearing to be noticed pursuant to applicable law for May 21, 2019 at 7:00 p.m.; WHEREAS, notices and ballots were mailed to the affected property owners of record within the proposed District regarding the formation of the District, the detachment of the Detached Parcels from LMD 87-1 as applicable, and the proposed new assessments as described in the Engineer's Report pursuant to the provisions of Assessment Law for return receipt prior to the close of the public hearing on May 21, 2019; WHEREAS, on May 21, 2019, the City Council held the duly noticed Public Hearing not less than 45 days after the mailing of the notices and ballots, to consider all oral statements, objections and communications made or filed by any interested person regarding the formation of the District, the detachment of the Detached Parcels from LMD 87-1 and the proposed new 44 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 2 assessments; and to receive and accept all protest ballots from the affected property owners of record within the proposed District; WHEREAS, at the conclusion of the Public Hearing, a tabulation and canvass of the property owner protest ballots and written protests to the detachment of the Detached Parcels was conducted by the City Clerk or her designee, with all valid protest ballots and written protests returned by the affected property owners being counted; and WHEREAS, by Resolution No. 19-the City Council confirmed the results of the ballot tabulation and property owner protest proceeding conducted in accordance with the provisions of Assessment Law, the results of which indicated that a majority protest did not exist for the assessments as presented and to be levied on properties within the District commencing Fiscal Year 2019-20 and the detachment of the Detached Parcels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: That the foregoing recitals are true and correct. Section 2: Following notice duly given, the City Council has held a full and fair public hearing regarding the formation of the Landscape Maintenance District No. 19-1, the detachment of of the Detached Parcels from LMD 87-1, the levy and collection of assessments and has considered all public testimony and written statements, communications made or filed by interested persons, and ballots and written protests to the detachment of the Detached Parcels submitted and not withdrawn by affected property owners. Section 3: In accordance with the provisions of Assessment Law, the City Council has evaluated the results of the property owner ballot protest proceedings and has determined that a majority protest to the formation of LMD 19-1 and the levy of the proposed new assessments does not exist, and hereby overrules all oral or written protests that may have been presented concerning the annual assessments for the District. Section 4: Based upon its review of the facts presented and the Engineer's Report that has been prepared and filed with the City Clerk, the City Council hereby finds and determines that: Section 4a: The parcels of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer's Report; Section 4b: The proportionate special benefits derived by each assessable parcel from the maintenance and servicing of the improvements has been determined in relationship to the entirety of the cost of such maintenance and service expenses; the assessments do not exceed the reasonable cost of the proportional special benefits conferred on each parcel; only special benefits have been assessed, the general benefits have been separated from the special benefits, and all publicly owned parcels within the District that derive special benefits from the maintenance and servicing of the improvements have been assessed for such special benefits; Section 4c: The District, as defined by the Assessment Diagram contained in the Engineer's Report, includes all parcels of land receiving such special benefits; and, 45 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 3 Section 4d: Pursuant to the Assessment Law, the net amount to be assessed upon the parcels of land within the District has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services to be provided. Section 5: The adoption of this Resolution constitutes the formation of the District, the boundaries of the District as contained in the Assessment Diagram presented in the Engineer's Report: the establishment of the maximum assessment rate and assessment range formula connected therewith as described in the Engineer's Report and adopted by the City Council. Subsequent annual assessments, in amounts not to exceed an established maximum annual assessment may be confirmed and levied without further assessment ballot proceedings pursuant to Assessment Law. Each fiscal year, beginning Fiscal Year 2020-21, the maximum amount of each assessment (the "Maximum Assessment") may be increased by the lesser of 3% or the percentage increase in the Consumer Price Index (CPI) in the San Diego Area for All Items for All Urban Consumer. Section 6: In accordance with the provisions of the 1972 Act, the City Council has evaluated the written protest proceedings for the detachment of the Detached Parcels and has determined that a majority of the record owners of the Detached Parcels did not submit written protests to the detachment of their parcels from LMD 87-1, and hereby overrules all written protests that may have been presented concerning the detachment of the Detached Parcels from LMD 87-1. The adoption of this Resolution confirms the detachment of the Detached Parcels identified in Exhibit A to this Resolution, and by this reference are incorporated herein, from LMD 87-1. The adoption of this Resolution confirms the new boundaries of LMD 87-1 as set forth in the assessment diagram attached as Exhibit B to this Resolution, and by this reference incorporated herein. Section 7: The City Council hereby orders the District improvements to be made as outlined by the Engineer's Report and by these proceedings. The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and the certified copy thereof, shall be open for public inspection. Section 8: Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file as may be required the annual levy of assessments for the District commencing in Fiscal Year 2019-20 as approved herein with the San Diego County Auditor/Controller along with a certified copy of this Resolution: and/or other Resolutions and documents as may be required by the County Auditor/Controller or County Assessor, including copies of the Engineer's Report or Assessment Diagram confirmed by this Resolution. Section 9: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council's approval and confirmation of the formation of the District: the Engineer's Report and Assessment Diagram prepared in connection with the District formation: and the establishment of the maximum assessment rates, assessment range formula, and the related assessments so authorized commencing in Fiscal Year 2019-20 as outlined in the Engineer's Report. 46 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 4 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of May, 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 47 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 5 RESOLUTION NO. 19- EXHIBIT A Assessor Parcels Detached from Landscape Maintenance District No. 87-1 317-222-12-00 317-222-23-00 317-222-24-00 317-222-25-00 317-222-26-00 317-222-27-00 317-223-01-00 317-223-02-00 317-223-03-00 317 -223-04-00 317-223-05-00 317-223-07 -00 317-223-11-00 317-223-12-00 317-223-13-00 317-223-14-00 317-223-15-00 317-223-18-00 317-223-19-00 317 -223-20-00 317-223-21-00 317-223-27-01 317 -223-27-02 317-223-28-00 317 -223-30-00 317-223-31-00 317-223-32-00 317 -223-33-00 317-223-37-00 317 -223-38-00 317-223-39-00 317-224-01-00 317 -224-06-00 317-224-07-00 317-224-15-00 317-224-16-00 317-224-18-00 317-224-19-00 317-224-20-00 317-224-21-00 317-224-22-00 317-224-23-00 317-224-24-00 317-225-01-00 317 -225-04-00 317-225-05-00 317-225-06-00 317 -225-07-00 317-225-10-00 317-225-11-00 317-225-12-00 317-225-13-00 317-225-14-00 317-225-15-00 317-225-16-00 317-225-17-00 317-225-18-00 317-270-08-00 317-270-09-01 317-270-09-02 317-270-09-03 317-270-09-04 317-270-09-05 317 -270-09-06 317-270-09-07 317-270-09-08 317-270-09-09 317-270-09-10 317-270-09-11 317-270-09-12 317-270-09-13 317 -270-09-14 317-270-10-01 317-270-10-02 317-270-10-03 317-270-10-04 317 -270-10-05 317-270-10-06 317-270-10-07 317-270-10-08 317-270-10-09 317-270-10-10 317-270-10-11 317-270-10-12 317-270-10-13 317-270-10-14 317-270-11-00 317-270-12-00 317-270-13-00 317-270-14-00 317-270-15-00 317 -270-16-00 317-270-18-00 317-270-19-00 317-270-20-00 317-270-21-00 317-270-22-00 317 -270-23-00 317-270-24-00 317 -270-25-00 317-270-31-00 317-270-32-00 317 -270-40-00 317-270-41-00 317 -270-42-00 317 -270-43-00 317-270-44-00 317-270-45-00 317-270-46-00 317 -270-49-00 317-270-50-00 317-270-51-00 317-270-54-00 317-270-55-00 317 -270-56-00 317-270-59-00 317 -270-60-00 317-270-61-00 317-270-62-00 317-270-63-00 317-271-02-00 317 -271-03-00 317-271-04-00 317-271-09-00 317-271-10-00 317-271-12-00 317-271-13-00 317-271-15-00 317-271-16-00 317-271-18-00 317-271-19-00 317-271-20-00 317-271-21-00 317-271-25-00 317 -271-26-00 317-271-27-00 317-271-28-00 317-271-33-00 317-271-34-00 317 -271-35-00 317-271-41-00 317-271-42-00 317-271-46-00 317-271-48-00 317-271-49-00 317-271-51-00 317 -271-56-00 317-271-57-00 317-271-58-00 317-271-59-00 317-271-62-00 317 -271-63-00 317-271-67-00 317-271-68-00 317-271-74-00 317-271-75-00 317-271-77-00 317-271-80-00 317-271-81-00 317-271-82-00 317-271-83-00 317-271-84-00 317-271-85-00 317-271-86-00 317-271-87-00 A-1 48 of 49 May 21, 2019, Item #3.1 Resolution No. 19- Page 6 317-271-89-00 317-271-91-00 317-271-92-00 317-271-93-00 317-271-94-00 317-271-95-00 317-271-96-00 317-280-21-00 317-280-35-00 317 -280-36-00 317-280-37 -00 317-280-47-00 317-280-48-00 317-280-56-00 317 -280-57-00 317-280-58-00 317-280-60-00 317-280-63-00 317-280-65-00 317 -280-66-00 317-280-68-00 317-280-70-00 317 -280-71-00 317-280-72-00 317 -280-73-00 317-280-7 4-00 317-280-75-00 317 -280-76-00 317-280-77-00 317-280-78-00 317-280-79-00 317-280-80-00 317-280-82-00 317-280-83-00 317 -280-85-00 317-280-86-00 317 -281-08-00 317-281-09-00 317-281-10-00 317-281-11-00 317-281-14-00 317-281-15-00 317-281-16-00 317-281-22-00 317-281-23-00 317-281-24-00 317-281-25-00 317-281-26-00 317-281-27-00 317-281-29-00 317-810-04-00 317 -81 0-05-00 317-810-09-00 317-810-12-00 317-810-13-00 317-810-14-00 317-810-15-00 317-810-16-00 317-810-17-00 317-810-18-00 317-810-19-00 317-810-23-00 317-810-24-00 317-810-28-00 317 -810-29-00 317-81 0-30-00 317-810-31-00 317-810-32-00 317-810-33-00 317-810-36-00 317-810-37-00 317 -81 0-38-00 320-011-27-00 320-200-46-00 320-200-47-00 320-200-48-00 320-200-49-00 320-200-50-00 320-220-02-00 320-220-03-00 320-220-04-00 320-220-05-00 320-220-06-00 320-220-07 -00 320-220-12-00 320-220-15-00 320-220-16-00 320-220-18-00 320-220-21-00 320-220-22-00 320-220-24-00 320-220-25-00 323-091-08-00 323-091-09-00 323-091-10-00 323-091-11-00 323-091-12-00 323-092-17-00 323-092-18-00 323-092-20-00 323-092-21-00 323-092-22-00 323-092-23-00 323-092-24-00 323-092-25-00 323-092-26-00 323-092-27-00 323-092-28-00 323-092-29-00 323-092-31-00 323-092-32-00 323-092-33-00 323-092-34-00 323-092-35-00 323-092-37-00 323-092-38-00 323-480-03-00 323-480-04-00 323-480-10-00 323-480-11-00 323-480-12-00 323-480-13-00 323-480-14-00 323-480-16-00 323-480-18-00 323-480-19-00 323-480-20-00 323-480-21-00 323-480-22-00 323-480-23-00 323-481-02-00 323-481-03-00 323-481-10-00 323-481-11-00 323-481-12-00 323-481-13-00 32 3-481-14-00 323-481-15-00 323-481-16-00 323-481-19-00 323-482-20-00 323-482-22-00 323-482-23-00 323-482-24-00 323-482-25-00 323-482-26-00 323-482-29-00 323-482-30-00 323-500-12-00 323-500-15-00 323-500-20-00 323-500-22-00 323-500-23-00 323-500-25-00 323-500-27-00 323-500-28-00 323-500-29-00 323-501-01-00 323-501-02-00 323-501-03-00 323-501-04-00 323-501-05-00 A-2 49 of 49 May 21, 2019, Item #3.1 RESOLUTION NO. 19- EXHIBIT B Resolution No. 19- Page 7 LMD 87-1 Revised Assessment Diagram Fiscal Year 2019-20 Legend -LMD 87-1 Parcels Improvements ~ -Gree nbelt -Hardsca pe Median -Median -Park -Parkway Streets [~~~~J City Boundary Parcels -s ,ag.15' ---_%1, City Of Poway: LMD No 87-1 Revised District Diagram B-1 May 21, 2019, Item #3.2 DATE: TO: FROM: CONTACT: SUBJECT: Summary : City of Poway COUNCIL AGENDA REPORT May 21 , 2019 Honorable Mayor and Members of the City Council Robert Manis, D irector of Development Services.pv\ Scott Nespor, Associate Planner S AN 858-668-4656 or snespor@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. Minor Development Review Application 19-005 and Variance 18-005, a request to allow an addition and new garage at a residence at 12217 Boulde r View Drive to observe a 22 . 5-foot front yard setback when a 40-foot setback is required. T his is a Minor Development Review Application (M ORA) and Variance (VAR) request to allow a proposed 978-square-foot addition to an existing 1,335-square-foot single-story residence and a new attached 1,073 square-foot garage located at 12217 Boulder View Drive to observe a 22 .5- foot front yard setback when a 40-foot setback is required. The existing residence will be rebuilt. T he required findings to support the project can be made based on unique circumstances applicable to the property. Recommended Action: It is recommended that the City Council approve MORA 19-005 and VAR 18-005, subject to the conditions in the attached Resolution (Attachment A). Discussion: The applicant is Kit Ashley, architect, and the property owners are Alexander and Sherry Bravo. The property is located at 12217 Bou lder View Drive within the Rural Residential-C (RR-C) zone (Attachment B). The 1.1-acre site was originally developed in 1958 with a 1,335-square-foot single-story residence and an attached carport. The front of the property is relatively flat and slopes downward towards the rear property line. The original house was built with a front yard setback of 22.5 feet which was in compliance with the County of San Diego setback regulations which required a minimum 20-foot front yard setback. Th e project under consideration is a MORA and Variance request. Minor Development Reviews are required for habitable development greater than 750 square feet and variances are required when modifications of development standards are proposed. Minor Development Reviews are reviewed and approved by the Development Services Director, but since a variance is required t o permit the MORA, both projects are reviewed by the City Council for consideration of approval. The Variance request is to allow the addition to observe the same 22.5-foot front yard setback as the existing residence and to allow the proposed garage to observe a 27 .5-foot front yard setback (Attachment C). T he RR-C zone requires a 40-foot setback for both the attached garage and addition , measu red from the front property line. 1 of 14 May 21, 2019, Item #3.2 The project consists of constructing an addition to the existing residence and a new 1,073-square- foot attached garage, demolishing and rebuilding previous unpermitted additions, which will be legalized as part of this application, and rebuilding the existing residence except for the foundation. The total size of the additions are 978-square-feet resulting in an approximately 2,313-square-foot residence. The additions include a master bathroom, walk-in closet and new bedroom. An enhanced entry porch will also be added to the residence. The rebuild includes a reconfiguration of the rooms of the existing residence. The new roof will extend approximately 5.5 feet higher than the previous roofline and the residence will remain one-story. No grading is proposed. The rebuilt residence is required to have underground utilities from an existing overhead utility pole. The floor plan and elevations for the proposed residence are provided as Attachment D. The property owners obtained building permits for a remodel of the existing residence, but after construction beyond the scope of work in the approved plans was discovered, it was determined a rebuild permit was required. A rebuild is demolition and reconstruction of more than 50 percent of an existing structure. The proposed rebuild includes demolition of the roof, interior finishes, drywall, insulation and most of the framing. The City Council can allow a variance based on special circumstances applicable to the property, which makes the strict application of the Poway Municipal Code (PMC) burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. The required findings to support the Variance request can be made because the existing residence already encroaches into the front yard setback and the addition and new garage will not encroach any closer to the front property line. Many nearby residences also encroach into the front yard setback at similar distances as most of the homes in the neighborhood were constructed prior to City's incorporation and developed in accordance with the County of San Diego's development standards. The project has been designed to comply with all development standards of the City, with the exception of the front setback for which the variance is sought. As a result of the constraints listed above, staff believes the required findings to support the variance can be made as set forth in the attached Resolution. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Classes 1 and 5 Categorical Exemptions, Sections 15301 (e) and 15305(a) of the CEQA Guidelines, as the project involves an addition to a single-family residence and a new attached garage on an existing legal parcel located in a residential zone and the front yard setback variance will not result in changes in land use or density. The existing residence will be rebuilt. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. 2 of 14 May 21, 2019, Item #3.2 Attac hments: A. Resolution 8. Zoning and L ocation Map C. Site Plan D . F loor Plan and Elevations Reviewed/ Approved By: Assistant City Manager 3 of 14 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 21, 2019, Item #3.2 RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR DEVELOPMENT REVIEW APPLICATION 19-005 AND VARIANCE 18-005, ASSESSOR'S PARCEL NUMBER 317-200-16 WHEREAS, Minor Development Review Application (MORA) 19-005 and Variance (VAR) 18-005, submitted by Kit Ashley, Applicant and Architect, and Alexander and Sherry Bravo, Property Owners, requests approval to allow a 978-square-foot addition and a 1,073-square-foot attached garage located at 12217 Boulder View Drive, within the Rural Residential C (RR-C) zone, to observe a 22.5-foot front side yard setback where 40 feet is required; WHEREAS, on May 21, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing; WHEREAS, the site, floor and elevation plans for this project included in the agenda report are incorporated herein as Exhibit A; and WHEREAS, the Poway Municipal Code (PMC) establishes findings required for granting a Variance; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), as Classes 1 and 5 Categorical Exemptions, Sections 15301 (e) and 15305(a) of the CEQA Guidelines, in that the project involves an addition to a single-family residence and a new attached garage on an existing legal parcel located in a residential zone and the front yard setback variance will not result in changes in land use or density. The existing residence will be rebuilt. SECTION 2: The findings for MORA 19-005, in accordance with Section 17.52.010 of the PMC Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding residential development, to minimize landform alteration, and conform to City zoning, development and grading standards except for the front yard setbacks for which a Variance can be supported. The project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. Allowing the Variance minimizes landform alteration as a larger driveway would be required if it were to be setback at the required front setback location. B. The project has been designed to minimize impacts on surrounding residential development by utilizing earth-tone colored exterior building materials and an architectural design that is compatible with surrounding development. The proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the 4 of 14 ATTACHMENT A May 21, 2019, Item #3.2 City. Resolution No. P-19- Page 2 C. The granting of the MORA would not be materially detrimental to the public health, safety or welfare within the community because the addition and the garage will not be constructed closer than the existing residence. D. The project has been designed to be consistent with development in the surrounding residential area by utilizing exterior building materials that are compatible with nearby residential development. The proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally-related impact upon adjoining properties, as the project has been designed to be consistent with development in the surrounding residential area by utilizing exterior building materials that are compatible with nearby residential development. F. The design and improvements of the proposed development are consistent with elements of the City of Poway General Plan, and the project conforms to the provisions of the Zoning Code, except for the front yard setback for which a Variance can be supported. SECTION 3: The findings, in accordance with Section 17.50.050 of the PMC, to approve VAR 18-005, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. Special circumstances include that the existing residence already encroaches into the front yard setback and the addition and garage will observe the same setback as the existing house. Most of the homes in the neighborhood were constructed prior to City's incorporation and developed in accordance with the County of San Diego's development standards which required a minimum 20-foot front yard setback. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that the location and orientation of the existing home on the property and the floor plan of the existing residence allows a logical addition to the house as proposed since it is not closer than the existing residence. The residence is 36 feet from the paved portion of the public right-of-way. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare of the community in that other homes within the same block observe front yard setbacks that are less than 40 feet. The 22.5 feet setback from the property line is actually 36 feet from the edge of pavement. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that this Variance involves the construction of an addition to a single-family residence in a neighborhood where most other residences observe front-yard setbacks that are less than 40 feet. 5 of 14 May 21, 2019, Item #3.2 Resolution No. P-19- Page 3 E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that additions to a single- family home are allowed and have occurred in the neighborhood. F. Granting the Variance will be compatible with the City of Poway General Plan because the use is permitted, and the Variance does not result in a density increase, and the addition will be compatible with other residential development in the vicinity and complies with all other requirements of the zone. SECTION 4: The City Council hereby approves VAR 18-005 and MORA 19-005 subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City ordinances in effect at the time of Building Permit issuance. C. Within 30 days of the date of this approval the applicant shall submit in writing that all conditions of approval have been read and understood. D. The conditions of Variance 18-005 shall remain in effect for the life of the subject structure, and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. E. VAR 18-005 approves a 22.5-foot front yard setback for single-story structures only. F. Prior to Building Permit issuance, the applicant shall comply with the following: (Planning) 6 of 14 1. The applicant shall contact the Poway Unified School District at (858) 679-2570 to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 2. The applicant shall comply with the latest adopted building codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. May 21, 2019, Item #3.27 of 14 Resolution No. P-19- Page 4 3. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 4. A building materials color board for the building exterior shall be submitted for review and approval. The building plan shall call out the approved building color and materials. 5. The maximum height of any fence, free standing wall or retaining wall shall not exceed six feet. Any proposed walls shall be decorative block or stucco finish consistent with the exterior of the proposed residence. A general note shall be added to the construction plans identifying the requirement. 6. Landscape and irrigation plans shall be submitted and approved for landscaping the front yard and the required fire fuel management zones. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. The landscape and irrigation plan submittal is a separate submittal from other project plan check submittals, and is made directly to the Planning Division. Contact the Planning Division for copies of applicable City standards, the landscape and irrigation plan submittal checklist and the plan review fee worksheet. Landscape and irrigation plan review fees are required and are the responsibility of the applicant. (Engineering) 7. All spoil materials from footings and foundations shall be legally disposed of off- site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 8. The applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 9. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 10. A minimum cash security for erosion control is required. 11. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 12. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City May 21, 2019, Item #3.2 Resolution No. P-19- Page 5 standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. G. The following requirements shall be addressed to the satisfaction of the Safety Services Department: 8 of 14 1. This parcel is located within the very high fire hazard area of the City and is new construction; therefore, California Building Code Chapter 7 A and PMC 15.24 will apply. 2. All flammable vegetation within the approved fuel modification zone shall be removed prior to the arrival of combustible material on the site and shall be maintained during the duration of the project until all elements of approved fuel modification zones are installed and approved. 3. Buildings and structures located within a wild land-urban interface fire area shall be setback a minimum of 30 feet from property lines and biological open space easements unless the PMC requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the farthest roadway edge. 4. Approved numbers or addresses measuring four to six inches in height shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Numbers shall contrast with their background. The address is required at the private driveway entrance. 5. A residential fire sprinkler system with a one-inch meter is required to be installed throughout the residence. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed sprinkler contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services. If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required. 6. A two-story structure shall be setback a minimum of 30 feet horizontally from top of slope to the farthest projection from a roof. Structures greater than two stories may require a greater setback when the slope is greater than 2 to 1. Two-story structures shall comply with the 40-foot front yard setback requirement. 7. The project shall comply with Section Four of the City of Poway Landscape and Irrigation Design Manual and PMC 15.24 as it relates to fuel management and defensible space. One hundred feet of fuel management consisting of 40 feet of Zone A and 60 feet of Zone B, is required. This area should be measured from both the residence and garage. Mitigation is required where 100 feet of fuel management cannot be achieved within the parcel boundaries. Ten feet of vegetation fuel modification, meeting Zone B requirements, shall be maintained on both sides of fire apparatus access and driveway when not already in a fuel May 21, 2019, Item #3.2 management zone. Resolution No. P-19- Page 6 • The less than 100 feet within parcel boundaries shall be mitigated by the existing conditions on the adjacent parcels. The landscape plan requires a separate landscape and irrigation plans submittal prepared pursuant to the City of Poway Landscape and Irrigation Design Manual requirements. The applicant shall submit and receive signed approval of landscape and irrigation plans prior to the issuance of the building permit. All fuel modifications shall be installed prior to the final inspection for issuance of a new certificate of occupancy. 8. Smoke detectors shall be installed in all bedrooms and adjoining hallways. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 9. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms. The carbon monoxide detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 10. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester. 11. If liquefied gas (propane) is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method of securing the tank to the ground, on the building plans. H. Prior to occupancy, or as otherwise noted, the following shall be complied with: 9 of 14 1. The site shall be developed in substantial conformance with the approved plans on file in the Development Services Department and the conditions contained herein to the satisfaction of the Development Services Director. A final inspection from the appropriate City departments will be required. (Engineering) 2. All proposed utilities and existing utility lines connecting to the existing residence from adjacent utility poles are required to be installed underground. An underground waiver is required to allow the existing onsite utility poles to remain at the west corner of the property. The underground waiver does not apply to any other utilities onsite. The applicant shall pay the fee for the City to process the underground waiver. 3. The drainage facilities, driveway, and all utility services shall be installed and completed by the property owner, and inspected and approved by the Engineering Inspector. All new utility services shall be placed underground. 4. An adequate drainage system shall be provided around the new building pads capable of handling and disposing all surface water to the satisfaction of the May 21, 2019, Item #3.2 Engineering Inspector. Resolution No. P-19- Page 7 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public or private improvements caused by construction activity from this project. (Planning) 6. Landscaping shall be installed per the approved landscape plan and submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC. SECTION 5: The approval of VAR 18-005 and MORA 19-005 shall expire on May 21, 2021, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property. SECTION 6: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 21st day of May 2019 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 10 of 14 May 21, 2019, Item #3.2 RS-1 Subject Location: 12217 Boulder View Drive APN -317-200-16 N $ 0 75 150 --300 Feet --- 11 of 14 CB CITY OF POWAY Zoning / Location Map Item: MDRA19-005 and VAR18-005 ATTACHMENT B May 21, 2019, Item #3.2 r-, I 1 ·--..J ( 12 of 14 eo u LDER EASfMENT FOR f'IJBI..IC. UTILITIES TO 5D6+E DOG 6404, PS S,6, 1/4151 ~ FLOT FLAN NORTH V I E N ATTACHMENT C 1' Ft I V E S(;Af.E " ,. = 20' May 21, 2019, Item #3.2=ie, I I I I I I )> ~lt!.IS'!Uc;Go~P'IHl~OH I ~~~~,::,MD I : -I =~~~:: : : -I)> BEDROOM 02 ~M "9 "u. ~OJ "'P"' 160l!O~IE.'TKIIW. ~~#5 l'l:)0Cl1"1.0:11'. 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NC> l'IIIXIN!, JiiCl'TII SilZ NC> f\llCTICIN ~ Je'I l'IIIXIN!, TO H,t,.TC,H n1!!! ~5TIM& ltaJLATION NOTE, M!l'I.ATTIG MLI.AT10K!ltW.1.~ ~. lelM,t,LL MLI.ATIOM9tW.L ee R-e Ml.I.A~ ALL 191 ~QftNfD ~ l'W.L9 HEATIN6/A!R-GOHOITIONIN6 NOTE, L..IX,li,~P...UIM'Tl'eATTIGO'.-etnl!!!~GI..D!El'lll:ICJHCINA'l'l..11'10CDPI.A'l1"0fQol. 'l'llOY'ltlll!!HINHtt~•l'lc:1'QCIM&!ll'~IM ~Ol"'111!:1MIT. IHT9tW.Leel!llltT'AM!'-:26'1'40poc11'1Ur-e,t,T1Ni,CVTPYT,2TON/::MpociMI.QGOC:\..1116CVTPYT.IUILHT'l9t'l'LP nR:UlfH"°"". Z:U::.~!ltW.1.ee~llm,'IHl!!le'i1'IOOl-e jll,TTtc;.n-15rAI..I.AT10KM.15rCOHOLT'se::.'T1C'N ~.~.NC>'IO'I Ol"nl!!! ~ ~ COC'I! SHOl'e!<HarES ~9T,t,U.!,9tW.Ll!ll!T1U!A99a.D:,'l!!C'!N'°""-o-.'9:'Mlee'TMOftl'Nlo-.'9:AN..J..MOftl'Nll!!e,NfDHOT~ ~-1'1,1,,'1!l'l:f'ltOQl'IN59tW.LRLt1AHOO-'Lt4'01"6'LP~)'l,t,IJ.,!i, ~9ft,t,LLl!ll!~el..A!ePNe.5NfDDCIOR9-~l'M!HA9~!N'°""-SH::IPelcot-PNmEfl!iNICl~nm.tel'ltHfleTM.l.m~~9tW.Ll!ll!PINl5teDINA~91.1tP,ta,W,,.T ~TOA!ele!ff'Ol"HCl'~'l1-Wl6~~'111!:l'l0Cllt ,'.). RNISIONS & &~Alt'l'!-e.T &, 6. 6. 6. 6. 6. 6. 0 '~ ~ i,,_.$i:-i:!J ~ .;-"" CJl ! ....., ] u I Q,) ....., ..c :2 u § ,_ '= :i; { ]~~ a~~ u M ,._.,-u ~~~ -.-o..e ai "'O 0 E "' Cl) .2: o,:'. 0 c:: "'O ~ "' c:: .!!!< i5: "' >U 0 c:: t >-:~ "O "' 0 -~ :::, 0 u::: "'O c2 0.. "'O .... < ;::; 0 N > -~ CQ A1 May 21, 2019, Item #3.2..... .i::,. 0 -..... .i::,. FR.ONT ELEVATION ~.,._,,_,,, ~MIMIM."1!loe!lllU)INS,f'N'elt ~"-'OIANl'eNl!tlSl'OOI"' ,_,, .. ~lel'AL~~ .,.......,_ ~f'AC.IA ~l'el'ALI.A'IH ~lUc:GO ~ t-eTAL LATH NCI 60 Hn«ll"e:ml.DINi!o P'~-IMSTi'U. 'O'IOLA~~~l"AP!9t ~1"1..Y'NOOCI~ OVER.HAN~"-"-,_,,., .• ,._,,.(D L.EFT SIDE El.EV ATI ON DD DO R.1<5>HT SIDE El..EVATION SCALE -1/4" " l'-0" -------------------------------------------------- ----------------------1 !! R.EAR. El..EVATION I I ~~ON~ CN!lt2LA~,oel'!I..T-cet'l'~Ol'tl!ICl..-.i..a..A!6"A" llOOl"~i'-~!!171 ~MGIA~l'eT"H.. 4"Nl~l'OAM'!1'1H~l'IID::ll'e DD ~~l"INl9tlCN!lt JoerALI.An+NC60..ur!! ew.t:)(N6f'.AftR-Q'HRTO ~Tn!XT!ReNCc:.t:lLQR ~ALE -1/4" = l'-0" ====]1 -~lt!.l5.IDIH6~~ ~~l'lml~lm SCALE -1/4" = l'-0" [D SGALf -1/4" • l'-0" z, REVISIONS Lil. & ~ 6 6 6 6 6 (::. ~ er, C ...... ] u ii Q.) ...... t ...c :;; u § I-=~ { ]~~ i56~ u C""I >,-.::-u ~~~ .--c.. s. ai "C 0 "' E -~ C: Cl) 0 ~ 0 -~ "C ~ > C: ~ i5 J!2 ra LU C: oi >-0 'tl "' .... :-e "3 ~ 0 iiic': ·.:::: "C ~ "C "' <( ;::; LU 0 N > ra .... CQ A3 APPROVED □ City of Poway COUNCIL AGENDA REPORT APPROVED AS AMENDED □ (SEEM/ DENIED REMOVED □ □ CONTINUED _____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: May21,2019 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Robert Manis, Director of Development Services (858)668-4601 or bmanis@poway.org RESOLUTION NO. SAN DAG Proposed Modifications to the Expenditure Plan of the TransNet Extension Ordinance On April 26, 2019, San Diego Association of Governments (SANDAG) staff presented to the SANDAG Board of Directors a new vision for the Regional Transportation Plan (RTP). The new vision identifies numerous new public transit projects but does not include 14 unconstructed highway projects that were included in the expenditure plan when San Diego voters voted to approve the 2004 TransNet Extension Ordinance. Recommended Action: This is an informational item. It is recommended that the City Council provide direction to staff. Discussion: In 1987, San Diego voters approved the 20-year TransNet program, a half-cent sales tax to fund a variety of transportation projects throughout San Diego County. The program became effective in 1988 and was set to expire in 2008. It was one of the largest transportation improvement programs in California. In November 2004, 67 percent of San Diego's voters approved a 40-year extension of the TransNet program. The 2004 TransNet Extension Ordinance identified specific highway and public transit projects, along with programs to improve local roads, fund transit operations, fund a congestion relief program, and to fund environmental mit igation. SAN DAG is responsible for leveraging Trans Net funds with state and federal resources; designing and engineering the projects identified in the 2004 TransNet Extension Ordinance; prioritizing and appropriating funds; and overseeing construction and implementation of the projects. SAN DAG's RTP integrates the 2004 TransNet Extension Ordinance projects, among other projects, into one regional plan. According to the County of San Diego, to date, of the money generated from TransNet for major highway corridors roughly six (6) percent has been appropriated to construct highway projects and 66 percent has been appropriated to construct public transit projects. Of note is that roughly 96 percent of the population uses highways and only 3.5 percent of the population uses public transportation. All but one of the public transit projects that were identified in the TransNet Extension Ordinance have been frontloaded and have either been completed or are underway. Alternatively, there are still 14 unfunded highway projects that were identified the 2004 TransNet Extension Ordinance, including improvements to SR 67, SR 56, and SR 78. 1 of 4 May 21, 2019, Item #4.1 NUTES) On April 26, 2019 SANDAG staff presented a new vision for the RTP. The new vision identifies numerous new public transit projects without the inclusion of the majority of the unfunded and not completed TransNet highway projects. In their presentation, SANDAG staff introduced their "5 Big Moves" that create a bold new vision for transportation. These 5 Big Moves are: •Complete Corridors -Local streets accommodating all users •Transit Leap - Complete network of high-capacity, high-speed transit services •Mobility Hubs -Locations where a variety of travel options are connected •Flexible Fleets -On-demand, shared vehicles that connect to transit (at mobility hubs) •Next Operating System -integrated platform to make above strategies work together It takes a 2/3 vote from SANDAG's Board of Directors to amend the TransNet Extension Ordinance and reallocate Trans Net funds to other projects. This reallocation of Trans Net funding will further delay needed highway improvements that were promised to San Diego County voters with the passing of the TransNet Extension Ordinance. Many jurisdictions in the County are considering contacting SANDAG to express their concerns over the new vision for the RTP. The City of Poway could consider doing the same thing. Provided as Attachment A is the letter from Dianne Jacob, Chairwoman of the San Diego County Board of Supervisors, to SANDAG regarding this matter. The City Council could direct staff to prepare a letter to SAN DAG outlining similar concerns. Environmental Review: This item is not subject to the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: None. Attachments: A.May 6, 2019 letter from Chairwoman Jacob to SAN DAG Reviewed/Approved By: Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney Approved By: c� City Manager May 21, 2019, Item #4.1 May 21, 2019, Item #4.1 s,~ning tht• {.'llit'.'i of: El Cajon LaMt•.m Lt·mm, Grm·,· Pmra_\ Santt•,· Scn·in,: th,· cmmmm;th•s of- Ag11a Ct1/i,•111e Allied Gard,•11, Alpine Barrt'lf Blo.r.wm Val/er Bo.\'ltmia Boult•,·11rtl Ct1111pn Cmu!hrake Ca.w,dt•Om Collegt• Area Cn·w Cun1111aca Drh,•su DdCt•rro Dt•_1t·a11,1.,, Dul:ura £11«1/1p111, Hill, Fu11hrook Flt1m Sprmg\ Grt11111<• Hill.< Gra1111'ille Guatay Harh,.wm Cm,wm Jacmnha Jamul Joh11.v1mn1 J11/it111 Li1ki!1Wort•na L11ke,,ldt• Mm1111Heln Pl11eHill,1 Pim• Valle!_\' PolrL'm RtlltlOJW Ram.ho San Diego Rolando Sau Carlos· San Pasqual St1111a Y.mh,•/ She/1,•r l'allev Sprmg Valley Tt•t·tllt: Tierra de/ Sol l't1llec11m \Vwwla Sen•i11g the hu/11111 reu·n·atitm.f of- Barona Camp<> Cosmil £u•iwapm1.\f1 Jm11a Jamul La Po.'ita M,1n:.a1111a ,.,km Grande Sa/Ila Y.wb,·I S\'t."IIUll \lieJaJ 3 of 4 Hasan Ikhrata Executive Director DIANNE JACOB CHAIRWOMAN, SECOND DISTRICT SAN DIEGO COUNTY BOARD OF SUPERVISORS May 6, 2019 San Diego Association of Governments 40 I 8 Street, Suite 800 San Diego, CA 9210 I Dear Director lkhrata: On behalf of the County of San Diego Board of Supervisors, I write this letter to convey our opposition to any modification to the 2004 TransNet Extension Ordinance (Extension Ordinance), including the shifting or removal of funding from highway projects, and request that the San Diego Association of Governments (SANDAG) pursue new sources offunding for projects not listed in the Extension Ordinance. In November 2004, voters approved Proposition A, a 40 year-extension of a half-cent transportation sales tax, also known as TransNet. The Extension Ordinance specifically identified expansions of highways, including SR 78, SR 52, and SR 67; improvements to local roads; transit projects; and other programs to relieve traffic congestion and improve safety. Regrettably, there are still 14 unfunded highway projects that the San Diego County voters were promised by SANDAG in 2004 that have yet to be funded. Meanwhile, public transit projects have been frontloaded and most have either been completed or are underway. Despite over 96% of the population utilizing vehicles, TransNet dollars to date have been disproportionately appropriated to public transit. On April 26, 2019, SAN DAG staff unveiled a new vision for the Regional Transportation Plan (RTP) that identifies numerous new public transit projects while removing the unfunded highway projects promised to voters in 2004. If adopted, this reallocation of TransNet funding will degrade the confidence of San Diego's voters and contribute to worsening traffic conditions throughout the region. The County of San Diego is not opposed to new projects out! ined in the revised RTP, and agrees we need clean air and to reduce emissions, but if SANDAG wants to pursue this new vision then other funding should be pursued, rather than cannibalize the funding approved by voters for specific projects outlined in the 2004 Extension Ordinance. Additionally, the County would like to emphasize the importance of including highway and road projects in SANDAG's new RTP. The success of San Diego's transportation system relies on more than just public transportation; roads and highways are, and will continue to be, a critical component. Businesses throughout San Diego rely on the region's road network on a daily basis for a multitude ofreasons. Residents in rural communities do not have reliable access to public transit and they need cars to get to jobs, schools and other communities. Also, a functioning road network is crucial to public safety. The fires that have occurred in our region are a testament to the need for improvements to congested roads and highways. During the 2007 fire, we saw total gridlock occur when people tried to get out of Ramona, which is likely to occur again, and is why improvements to roads and highways like SR 67 are so important. 1600 PACIFIC HIGHWAY, ROOM 335 • SAN DIEGO, CALIFORNIA 92101-2470 (619) 531-5522 • FAX: (619) 696-7253 • TOLL FREE: 800-652-7322 250 E, MAIN STREET, SUITE 169 • Et CAJON, CALIFORNIA 92020-3941 www.dlannejacob.com • EMAIL: dianne.Jacob@sdcounty.ca.gov May 21, 2019, Item #4.14 of 4 For these reasons, we oppose modifications to the 2004 TransNet Extension Ordinance, including any changes to highway projects and their funding, and request SANDAG pursue new funding sources for projects not originally included in the Extension Ordinance. It is important that SAN DAG maintain the confidence of voters and deliver on promises to address critical road and highway projects. The County of San Diego believes the importance of a functioning road network cannot be overstated and welcomes the opportunity to work together on this issue. Chairwoman Cc: San Diego Association of Governments Board of Directors DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway MEMORANDUM May 21, 2019 Honorable Mayor and Members of the City Council Faviola Medina � (858)668-4535, fmedina@poway.org Request Council Concurrence of Final Committee Appointment to the Budget Review Committee per Government Code Section 54974(a) On March 5, 2019, Council appointed five members to the Budget Review Committee (BRC). Each Councilmember offered one nomination for appointment to the committee for the Mayor's appointment with Council concurrence. On April 30, 2019, staff received a resignation from Barry Long, Council member Mullin's nominee. His resignation has created an unscheduled vacancy. Pursuant to Government Code Section 54974(b), the legislative body may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until a final appointment is made. At the Regular Council meeting held May 7, 2019, the Mayor, with Council concurrence, appointed Michael E. Firenze to the Budget Review Committee to serve under only this capacity. Pursuant to Government Code Section 54974(a), the final appointment to the committee can be made after the posting of the notice in the clerk's office of at least 10 working days. Since the Notice of Unscheduled Vacancy was posted on April 30, 2019, the Council is able to make a final appointment to the Budget Review Committee after May 15, 2019. Recommended Action: Councilmember Mullin is requesting that the Mayor with Council concurrence make the final appointment of Michael E. Firenze to the Budget Review Committee. Public Notification: The Notice of Unscheduled Vacancy was posted on the City's website, at the Poway Library and at City Hall on April 30, 2019 and will remain posted until May 15, 2019 to remain in compliance with the Maddy Act. 1 of 3 May 21, 2019, Item #6.1 Attachments: A.Notice of Unscheduled Vacancy Reviewed/Approved By: Wendy aserman Assistant City Manager 2 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch� City Manager May 21, 2019, Item #6.1 NOTICE OF UNSCHEDULED VACANCY VACANCY: NUMBER OF VACANCIES: APPOINTED BY: APPLICATION DEADLINE: Budget Review Committee One (1) -Appointee will fill the position vacated by Barry Long whose term expires 12/31/2020. Councilmember Mullin with City Council concurrence. 5:30 p.m. on Wednesday, May 15, 2019 All applications must be submitted to the City Clerk's office, located in Poway City Hall, 13325 Civic Center Drive or via email to cityclerk@poway.org by 5:30 p.m. May 15, 2019. PURPOSE OF COMMITTEE: To review the annual Operating and Capital Improvement Budget as proposed by the City Manager and report its findings to the City Council. The committee consists of five members. To be appointed to this committee, one must be nominated by a member of the City Council and approved by a simple majority vote of Councilmembers. QUALIFICATIONS: To serve on this Committee, you must be a resident of Poway. NOTICE: Persons holding a position on this Committee are required to 1) file Conflict of Interest Statements in accordance with the Political Reform Act and the City of Poway Conflict of Interest Code, 2)uphold the City Code of Ethics; 3) complete online AB 1234 Ethics Training; and 4) Sexual Harassment Prevention Training and Education. Members serve without compensation. Committee meetings are held in the City Council Chambers, located at Poway City Hall, 13325 Civic Center Drive, Poway. Meetings are scheduled for: April 30, May 2, May 8, May 14 and May 22, 2019. For further information, contact the City Clerk's Office at cityclerk@poway.org or (858) 668-4530. Click here for Committee Application. POSTING DATE: April 30, 2019 State of California ) ) ss. County of San Diego ) I, Faviola Medina, CMC, City Clerk of the City of Poway, California, hereby declare under penalty of perjury this Notice was posted on the Bulletin Board in front of City Hall, on the City's website, and at the Poway Library on April 30, 2019. /s/ Faviola Medina Faviola Medina, CMC, City Clerk 3 of 3 May 21, 2019, Item #6.1