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01-21-20 Agenda Packet Steve Vaus Caylin Frank Dave Grosch Barry Leonard John Mullin Mayor Deputy Mayor Councilmember Councilmember Councilmember Thank you for participating in your local government and the City of Poway council meetings. 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 Channel 24 and Spectrum Channel 19. Council meeting videos are archived and available for viewing on the City’s website at www.poway.org/councilmeetings. 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 Comment. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit your Comment Card to the City Clerk prior to the meeting or the announcement of the item. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. American Disabilities Act Title II | In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office 858.668.4530 at least 24 hours prior to the meeting. Reminder | As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chamber. 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 January 21, 2020 | 7 p.m. Amended January 17, 2020 CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: Recognition of Corporal Anthony Pratola, Sheriff’s Station Deputy of the Quarter PUBLIC COMMENT: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. You may speak up to three (3) minutes. Speakers have one opportunity to address the Council under Public Comment. CONSENT CALENDAR: The Consent Calendar may be enacted in one motion by the Council with a Roll Call Vote without discussion unless a Councilmember, a member of the public, or City Manager requests that an item be removed for discussion. WAIVER OF ORDINANCE TEXT READING: This is a motion to waive the reading of the text of all ordinances and resolutions at this meeting. 1. Ratification of Warrant Registers for the Periods of December 9, 2019 through December 13, 2019, and December 16, 2019 through December 20, 2019 2. Approval of the Regular City Council Meeting Minutes for December 17, 2019 3. Award of Agreement to NV5 for Safety Consultant Services, RFP No. 20-007 4. Acceptance of the Fiscal Year 2019-2020 Citywide Striping Project, Bid No. 18-021 with Statewide Stripes, Inc. as Complete 5. Award of Contract to Kyocera Document Solutions West for Copier Purchase and Services, RFP No. 20-012 ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: 6. Second Reading and Adoption of Ordinance No. 838 entitled “An Ordinance of the City of Poway, California, Approving Specific Plan Amendment 19-001 to the South Poway Specific Plan to Allow Self-Storage Buildings to Contain a Maximum of Three Stories Within the Existing Height Allowance” City Manager’s Recommendation: It is recommended that the City Council adopt Ordinance No. 838. PUBLIC HEARINGS: 7. Minor Conditional Use Permit 19-003; A Request to Construct an Automotive Inventory Storage Lot at 13715 Poway Road for the Poway Honda Dealership City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 8. Development Review 19-002; A Request to Construct a 5,000 Square-Foot Commercial Building and an 800 Square-Foot Outdoor Dining Area at Creekside Plaza, Located at the Southeast Corner of Poway Road and Community Road City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. STAFF REPORTS: 9. Authorization to Purchase Self-Contained Breathing Apparatus by Cooperative Purchase Agreement and Appropriation of Funds City Manager’s Recommendation: It is recommended that the City Council authorize the purchase of SCBAs from Bauer Compressors under the San Bernardino County Fire cooperative purchasing agreement; authorize the City Manager to execute any necessary documents; and appropriate funds to the Fire Suppression budget to complete the purchase. WORKSHOPS: 10. Solid Waste Organics Recycling Workshop City Manager’s Recommendation: It is recommended that the City Council receive and file this report. COUNCIL-INITIATED ITEMS: 11. Request Council Concurrence of Committee Appointment to the Budget Review Committee per Government Code Section 54974 COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 12. Conference with Legal Counsel – Anticipated Litigation Government Code § 54956.9(d)(2) – seven (7) cases ADJOURNMENT oF City of Ps way COUNCIL AGENDA REPORT A' THE `) DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Aaron Beanan, Director of Finance kb CONTACT: Stacey Tang, Finance Manager 858) 668-4426 or stangapoway.org SUBJECT: Ratification of Warrant Registers for the Periods of December 9, 2019 through December 13, 2019; and December 16, 2019 through December 20, 2019 Summary: The attached warrant register reports for the periods of December 9, 2019 through December 13, 2019; and December 16, 2019 through December 20, 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 Director of Finance for ratification/approval. Date Amount December 9, 2019 through December 13, 2019 $5,553,067.88 Warrants for amounts in excess of$100,000 for this period include: Warrant Check Number Amount December 2019 Medical Insurance 408546 220,219.30 Water Bottes for Community: Boil Water Advisory Nov 2019 408580 103,944.00 Payroll 12/06/19, Withholding 1 905380 1 $ 107,676.05 Local Agency Investment Fund Deposit 905384 4,500,000.00 Payroll 11/22/19, Retirement 1 905385 1 $ 134,398.86 Date Amount December 16, 2019 through December 20, 2019 $3,199,581.45 Warrants for amounts in excess of$100,000 for this period include: Warrant Check Number Amount Honda Investment Purchase 1 905386 1,023,676.66 City Office Building Debt Service Payment 1 905387 766,985.27 Payroll 12/20/19 905388 716,373.77 Payroll 12/06/19, Retirement 1 905397 1 $ 139,887.05 1 of 23 January 21, 2020, Item #1 Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total amount of warrants for the period of December 9, 2019 through December 13, 2019 is 5,553, 067.88. The total amount of warrants for the period of December 16, 2019 through December 20, 2019 is 3,199,581.45. Public Notification: None. Attachments: A. Warrant Register for the period of December 9, 2019 through December 13, 2019 B. Warrant Register for the period of December 16, 2019 through December 20, 2019 Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Chrisine Assistant City Manager City Attorney City Manager 2 of 23 January 21, 2020, Item #1 The City of Poway Director of Finance Submits the Following Register of Demands Run Date: 06-Jan-20 q;= - :: for the period 12/9/2019- 12/13/2019 and Recommends its Ratification/Approval: w o Check Check Payee/ iV Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408519 12-Dec-19 506 A 0 REED&CO 96276 HVAC Maintenance 204020 43020 2,674.67 408520 12-Dec-19 815 AFLAC 644667 Insurance Premiums:December 2019 F1000 86140 462.86 408521 12-Dec-19 6 AGRICULTURAL PEST CONTROL 513629 Pest Control 414040 41200 855.00 408522 12-Dec-19 196 AIRGAS USA,LLC 9095368932 Pool Carbon Dioxide 203020 45200 145.81 9095618921 Pool Carbon Dioxide 203020 45200 173.78 Total for Check 408522: $319.59 408523 12-Dec-19 953 AMERICAN MESSAGING SERVICES,LLC L1073904TL Pagers 501050 41050 292.08 408524 12-Dec-19 418 ANTHEM BLUE CROSS 000620352C Vision Insurance Premiums:December 2019 F1000 87371 2,633.21 000620352C Vision Insurance Premiums:December 2019 F1000 87372 62.30 Total for Check 408524: $2,695.51 408525 12-Dec-19 21 ARAMARK REFRESHMENT SERVICES 6363064 City Hall:Refreshment Services 114010 47600 180.51 408526 12-Dec-19 835 AT&T 13945022 BAN 9391031631 10/24/19-11/23/19 421040 22000 19.82 m_. . n 408527 12-Dec-19 835 AT&T 13945020 BAN 9391031630 10/24/19-11/23/19 423040 22000 21.48 E 408528 12-Dec-19 835 AT&T 13944844 BAN 9391026538 10/24/ 19-11/23/19 414040 22000 21.48 z 408529 12-Dec-19 835 AT&T 13944843 BAN 9391026534 10/24/19-11/23/19 414040 22000 21.48 D- 408530 12-Dec-19 835 AT&T 13944859 BAN 9391026570 10/24/19-11/23/19 414040 22000 21.48 408531 12-Dec-19 835 AT&T 13944860 BAN 9391026571 10/24/19-11/23/19 202020 33010 21.48 408532 12-Dec-19 835 AT&T 13944857 BAN 9391026568 10/24/19-11/23/19 420140 22000 42.84 408533 12-Dec-19 835 AT&T 13944855 BAN 9391026565 10/24/19-11/23/19 FS3 501050 33010 61.14 408534 12-Dec-19 835 AT&T 13944853 BAN 9391026563 10/24/19-11/23/19 402060 33010 61.32 408535 12-Dec-19 835 AT&T 13952471 BAN 9391026553 10/27/19-11/26/19 FS2 501050 33010 100.83 408536 12-Dec-19 835 AT&T 14002873 BAN 9391026551 11/06/19-12/05/19 114010 33010 939.18 408537 12-Dec-19 453 BAY CITY EQUIPMENT INDUSTRIES, INC W217183 Unit 760,Generator Maintenance Nov 2019 402060 43080 537.57 W217178 Unit 761,Generator Maintenance,Nov 2019 402060 43080 537.57 W217175 Unit 757,Generator Maintenance Nov 2019 402060 43080 797.02 W217177 Unit 758,Generator Maintenance,Nov 2019 402060 43080 797.02 W217167 Unit 756,Generator Maintenance,Nov 2019 402060 43080 797.02 W217505 Unit 706,Generator Maintenance,Nov 2019 403070 43080 506.62 W217451 Unit 751,Generator Maintenance,Nov 2019 402060 43080 390.00 Total for Check 408537: $4,362.82January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 2 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 41, 408539 12-Dec-19 1489 BENETRAC Employee Benefit Mgmt.System:December 721035 F1000 87399 729.00 St,2019 N 408540 12-Dec-19 1574 BEST PLUMBING SPECIALTIES, INC. 5918199 Maintenance supplies 415010 47600 378.97 408541 12-Dec-19 264 BJ'S RENTALS INC. 991546-5 Work Order#2259-Propane 402060 47900 EM001 38.09 408511 12-Dec-19 999996 BLUE CROSS OF CALIFORNIA PW19000605 Refund for service 02/17/19 503050 77550 691.49 408542 12-Dec-19 504 BODY BEAUTIFUL CAR WASH OF POWAY, 1119P Code Vehicle#74 301030 31030 12.99 INC 408543 12-Dec-19 408 BOOT WORLD INC 23695 FY20 Boot Allowance:Raddatz 415010 49280 199.75 23695-2 FY20 Boot Allowance:Sellers 402560 49280 200.00 Total for Check 408543: $399.75 408544 12-Dec-19 48 CALIFORNIA TEAMSTERS LOCAL 911 DUES DEC 2019 Teamster's dues for December 2019 F1000 86110 1,938.00 905385 10-Dec-19 788 CALPERS PERS EFT 2019-24 PERS EFT PE2019-24 F1000 87100 134, 398.85 PERS EFT 2019-24 PERS EFT PE2019-24 111010 13140 0.01 Total for Check 905385: $134,398.86 408545 12-Dec-19 889 CHEMTRADE CHEMICALS 92779617 Aluminum Sulfate,11/19/ 19,4.048 tons 402060 45200 1,737.81 CORPORATION 92779961 Aluminum Sulfate,10/31/19,23.620 tons 402060 45200 4,950.69 Total for Check 408545: $6,688.50 408546 12-Dec-19 1508 CIGNA HEALTHCARE OF CALIFORNIA 2565839 Health Insurance Premiums:December 2019 F1000 87320 209,661.70 2565839 Health Insurance Premiums:December 2019 F1000 87311 10,557.60 Total for Check 408546: $220,219.30 408547 12-Dec-19 1479CIRO'S LANDSCAPING INC.12549 Fire Station#2:fill in slopes 501050 41600 1,075.22 12546 Fire Station#1:remove and replace irrigation 501050 41600 337.79 Total for Check 408547: $1,413.01 408548 12-Dec-19 1023 CLINICAL LABORATORY OF SAN 971747 Wastewater Analysis November 2019 403070 17300 134.00 BERNARDINO INC. 408549 12-Dec-19 1094 COMMERCIAL AQUATIC SERVICES 119-6104 Pool Preventative Maintenance 203020 41200 1,495.00 408550 12-Dec-19 488 COUNTY OF SAN DIEGO REGIONAL 20CTOFPON05 800 MHz Network Radios&Terminals Nov 114010 43180 8,993.65 COMMUNICATIONS SYSTEM 2019 20CTOFPON04 800 MHz Network Radios&Terminals Oct 114010 43180 8,977.50 2019 Total for Check 408550: $17,971.15 408551 12-Dec-19 1249 CPS HR CONSULTING SOP50347 Exam Materials&Rental 121010 49340 920.00 408552 12-Dec-19 108 CULLIGAN WATER CONDITIONING 91182679 Salt, 11/26/ 2019,2,450 pounds 402060 45200 422.38 1151103 Softener Equipment Rental December 2019 402060 49360 280.00 Total for Check 408552: $702.38January 21, 2020, Item #1 1 Register of Demands: Warrants from 12/9/2019-12/ 13/2019 Page: 3 of 12 Check Check Payee! Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount vy 408554 12-Dec-19 1526 DELTA DENTAL INSURANCE COMPANY BE003669820 Insurance Premiums:December 2019 F1000 87361 747.63 9++ BE003669820 Insurance Premiums:December 2019 F1000 87362 41.32 W Total for Check 408554: $788.95 408555 12-Dec-19 1525 DELTA DENTAL OF CALIFORNIA BE003668346 Insurance Premiums:December 2019 F1000 87361 17,008.32 6E003668346 Insurance Premiums:December 2019 F1000 87362 329.42 Total for Check 408555: $17,337.74 905382 09-Dec-19 942 DEPT.OF CHILD SUPPORT SERVICES CLD WH PE2019-25 Payroll Garnishment F1000 86150 1,889.98 408556 12-Dec-19 1493 DISCOVERY BENEFITS INC.0001088044-IN Cobra&FSA Monthly:November 2019 F1000 87399 417.00 408553 12-Dec-19 424 D-MAX ENGINEERING INC 5318 Dry Weather Monitoring 308040 41200 2,221.80 905381 09-Dec-19 97 EMPLOYMENT DEVELOPMENT CAL WH PE2019-25 CAL W/H EFT PE2019-25 F1000 86170 32,172.46 DEPARTMENT 905383 09-Dec-19 2058 EMPLOYMENT DEVELOPMENT PPE 12/01/19 Payroll Garnishment F1000 86150 147.30 DEPARTMENT 408557 12-Dec-19 740 ENNISS INC.211174 Sand 412040 47600 750.75 408558 12-Dec-19 101 ESGIL LLC Nov 2019 Building Services Nov.2019 303030 17050 35,666.58 Nov 2019 Building Services Nov.2019 303030 17051 13,279.72 Total for Check 408558: $48,946.30 408559 12-Dec-19 1189 EYE/COMM,INC. 53207 TTM19-005-Extended Public Noticing& 301030 41200 388.09 Printing 408560 12-Dec-19 116 FERGUSON WATERWORKS 0697737 Adapter Coupling F5200 81350 670.74 408514 12-Dec-19 999998 FISH,PATRICIA 12/19-Fish Work Order#2259-Food Boil Water Alert 402060 47900 EM001 574.69 12/19-Fish(2) Work Order#2259-Food Boil Water Alert 402060 47900 EM001 147.86 Total for Check 408514: $722.55 408561 12-Dec-19 957 GARDA CL WEST INC. 10531834 Armored Car Service:Dec 2019 114010 41200 601.21 408562 12-Dec-19 838 GEMALTO COGENT,INC 422944 Fingerprinting:November 2019 121010 49340 3.50 408563 12-Dec-19 816 GOLDFARB&LIPMAN LLP 133200 Housing As-Needed Legal Services:Villa de 80002903 P2900 427.50 Vida 133199 Housing As-Needed Legal Services: 309030 17011 85.50 September 2019 132700 TTM16-001 Legal Fees August 2019 391030 17011 4,439.25 133201 TTM16-001 Legal Fees September 2019 391030 17011 142.50 133198 TTM16-001 and Housing As-Needed Legal 391030 17011 114.00 Fees 133198 TTM16-001 and Housing As-Needed Legal 309030 17011 663.00 Fees 133690 Housing As-Needed Legal Services October 309030 17011 1,881.00 2019 Total for Check 408563: $7,752.75January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 4 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice_Number Description Org Object Project Check Amount CO 408564 12-Dec-19 120 GRAINGER INC 9376672474 Brass Piping and Fittings 402060 43080 1,551.70 a 408565 12-Dec-19 566 HACH COMPANY 11744023 Lab Supplies,Chem Keys 402060 47600 1,116.13 K.)— ca 408566 12-Dec-19 415 HAL SNYDER,SIGNWRITER 111919 OPP Park Signs 205020 45300 307.09 408518 12-Dec-19 999997 HARDESTY,JAY N 43010900-10 Closing Bal Refund:Deposit#43010900-10 F5100 86620 880.00 43010900-10 Closing Bal Refund:Deposit#43010900-10 F5100 81020 257.63) Total for Check 408518: $622.37 408567 12-Dec-19 142 HEAVILAND ENTERPRISES INC 29725 Landscape Maintenance Rights of Way 414040 41600 5,510.30 29725-2 Landscape Maintenance 421140 41600 518.50 29725-4 Landscape Maintenance 424040 41600 428.47 29725-5 Landscape Maintenance 424140 41600 1,830.00 29725-6 Landscape Maintenance 425140 41600 968.31 29726 Landscape Maintenance 421040 41600 2,357.29 29725-3 Landscape Maintenance 421240 41600 126.60 29726-3 Landscape Maintenance 425040 41600 315.56 29726-4 South Poway Business Park 414040 41600 2,040.00 29726-4 South Poway Business Park 420140 41600 27,709.37 29726-4 South Poway Business Park 426040 41600 1,914.91 29728 Kumeyaay:Landscape Maintenance 414040 41600 269.62 29727 Maintenance and Repair 414040 41600 1,562.47 29951 Pomerado Business Park:Irrigation repairs 426040 47700 645.32 29950 Pomerado Business Park:Irrigation repairs 420140 47700 297.91 29948 Pomerado Business Park: Irrigation repairs 420140 47700 89.75 29947 Pomerado Business Park:Irrigation repairs 420140 47700 89.95 29960 Pomerado Business Park:Irrigation repairs 420140 47700 717.76 29958 Pomerado Business Park:Irrigation repairs 420140 47700 360.22 29952 Pomerado Business Park:Irrigation repairs 420140 47700 694.58 29959 Pomerado Business Park:Irrigation repairs 414040 41600 429.98 29328 Community Road:Irrigation repairs 414040 41600 516.10 29956 Colonies:Irrigation repairs 421040 47700 90.75 29954 Espola at Bridlewood:Irrigation repairs 423040 47700 297.24 29955 Painted Desert:Irrigation repair 423040 47700 267.54 29961 Bridlewood:Irrigation repair 423040 47700 284.22 29949 Garden Road:Pressure regulator 424140 47700 147.25January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 5 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408567 12-Dec-19 142 HEAVILAND ENTERPRISES INC 29962 Hillside Village:Irrigation repair 425140 47700 165.69 29957Hillside Village:Irrigation repair 425140 47700 150.14 iv W 29953 Hillside Village:Irrigation repair 425140 47700 129.48 29726-2 Landscape Maintenance 423040 41600 4,847.34 29726-5 Landscape Maintenance 402060 41600 1,848.51 Total for Check 408567: $57,621.13 408568 12-Dec-19 152 HOME DEPOT COMMERCIAL ACCOUNT 6360118 Sump Pump for Clearwell 402060 43080 197.10 3211657 Oils,Grease and Paints 402060 47600 43.04 3360102 Sump Pump Parts for Clearwell Cover 402060 43080 5.73 2350208 OPP General Park Supplies 205020 47600 124.53 6220868 Return OPP General Park Supplies 205020 47600 23.17) 6350237 OPP General Park Supplies 205020 47600 102.17 4350270 OPP General Park Supplies 205020 47600 162.21 6340187 Work Order 234125 415010 47600 14.28 6350236 Work Order 234078:repair supplies 415010 47600 94.22 6340179 Parts for Clearwell Cover 402060 43080 31.70 4360095 Parts for Clearwell Cover 402060 43080 41.42 0370415 Supplies for Repairs to Clearwell Cover 402060 43080 31.23 5360122 Work Order 233896 repair supplies 415010 47600 16. 13 Total for Check 408568: $840.59 408569 12-Dec-19 701 I LOVE A CLEAN SAN DIEGO 19-4692 Used Oil Site Visits,October 80002574 P2570 580.00 408570 12-Dec-19 644 INFOSEND 163602 Mailing Statements 11/20/19-11/29/19 112010 33020 1,328.31 163602 Mailing Statements 11/20/19-11/29/19 112010 41200 752.94 Total for Check 408570: $2,081.25 408571 12-Dec-19 1945 INTEGRITY MUNICIPAL SYSTEMS,LLC 9107 Chlorine Scrubber Inspection 402060 41200 2,385.00 408572 12-Dec-19 129 JRC PRINTING LLC 39715 Business Cards:Balders 200020 49220 34.48 39714 Printing FY20 Xmas Programs 205020 49220 165.94 39711 Business Cards-Deputy Mayor Caylin Frank 100010 49220 34.48 39709 Blue Sky Printing 207020 49220 644.35 Total for Check 408572: $879.25 408573 12-Dec-19 133 KAISER FOUNDATION HEALTH PLAN INC 000104676-0000 12/19 Insurance Premiums:December 2019 F1000 87310 76,953.35 000104676-0000 12/ 19 Insurance Premiums:December 2019 F1000 87311 4,354.34 Total for Check 408573: $81,307.69January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 6 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount co 408574 12-Dec-19 134 KAISER FOUNDATION HEALTH PLAN INC 000104676-7000 12/19 Insurance Premiums:December 2019 F1000 87311 526.26 O COBRA) N 408575 12-Dec-19 502 KIMLEY-HORN AND ASSOCIATES,INC 15149567 Speed Survey Updates 307040 17150 3,895.15 408576 12-Dec-19 2100 KTU&A 31528 Landscape Architectural Design 421040 41200 3,062.00 31528 Landscape Architectural Design 423040 41200 3,062.00 Total for Check 408576: $6,124.00 905384 13-Dec-19 136 LAIF 121319 LAIF LAIF Transfer 12/13/ 19 F1000 82010 4,500,000.00 408516 12-Dec-19 999998 LACOMBE,STEPHANIE 12/ 19-Lacombe Recertification Exam Reimbursement:T4&D4 402060 49240 210.00 408577 12-Dec-19 147 LIEBERT CASSIDY WHITMORE 1488242 Professional Services Rendered Through 121010 17011 2,676.00 10/31/19 1486677 Professional Services Rendered Through 121010 17011 461.00 9/30/19 Total for Check 408577: $3,137.00 408578 12-Dec-19 391 LIFE-ASSIST, INC. 957527 Medical Supplies 503050 47400 799.72 959105 Medical Supplies 503050 47400 1,507.95 Total for Check 408578: $2,307.67 408579 12-Dec-19 910 LOWE'S 58777 Umbrella 412040 47600 13.27 408580 12-Dec-19 2132 M.A.S. S.H. INC 20458 Work Order#2259-Water 402060 47900 EM001 3,384.00 20488 Work Order#2259-Water 402060 47900 EM001 3,384.00 20489 Work Order#2259-Water 402060 47900 EM001 3,384.00 20490 Work Order#2259-Water 402060 47900 EM001 3,384.00 20491 Work Order#2259-Water 402060 47900 EM001 3,384.00 20493 Work Order#2259-Water 402060 47900 EM001 3,384.00 20494 Work Order#2259-Water 402060 47900 EM001 3,384.00 20495 Work Order#2259-Water 402060 47900 EM001 3,384.00 20496 Work Order#2259-Water 402060 47900 EM001 3,384.00 20497 Work Order#2259-Water 402060 47900 EM001 3,384.00 20498 Work Order#2259-Water 402060 47900 EM001 3,384.00 20499 Work Order#2259-Water 402060 47900 EM001 3,384.00 20500 Work Order#2259-Water 402060 47900 EM001 3,384.00 20476 Work Order#2259-Water • 402060 47900 EM001 3,384.00 20477 Work Order#2259-Water 402060 47900 EM001 3,384.00 20478 Work Order#2259-Water 402060 47900 EM001 3,384.00 20479 Work Order#2259-Water 402060 47900 EM001 3,384.00 20480 Work Order#2259-Water 402060 47900 EM001 3,384.00January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/ 13/2019 Page: 7 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount p 408580 12-Dec-19 2132 M.A.S.S.H.INC 20481 Work Order#2259-Water 402060 47900 EM001 3,384.00 20482 Work Order#2259-Water 402060 47900 EM001 3,384.00 iv G.) 20483 Work Order#2259-Water 402060 47900 EM001 3,384.00 20484 Work Order#2259-Water 402060 47900 EM001 3,384.00 20485 Work Order#2259-Water 402060 47900 EM001 3,384.00 20486 Work Order#2259-Water 402060 47900 EM001 3,384.00 20487 Work Order#2259-Water 402060 47900 EM001 3,384.00 20492 Work Order#2259-Water 402060 47900 EM001 3,384.00 20504 Work Order#2259-Water 402060 47900 EM001 3,384.00 20501 Work Order#2259-Water 402060 47900 EM001 3,384.00 20502 Work Order#2259-Water 402060 47900 EM001 3,384.00 20503 Work Order#2259-Water 402060 47900 EM001 3,384.00 20506 Work Order#2259-Water 402060 47900 EM001 3,384.00 20427CM Work Order#2259-Water invoice correction 402060 47900 EM001 480.00) 20471 CM Work Order#2259-Water invoice correction 402060 47900 EM001 480.00) Total for Check 408580: $103,944.00 408581 12-Dec-19 1233 MATCHETT,VIVIAN 2505.200-01.19 Instructor Payment Fall 2019 208020 41300 546.00 408538 12-Dec-19 40 MEACHAM,ANGELICA 2247 Facilities Supervisor shirts 415010 49280 146.45 408582 12-Dec-19 900 MISSION RESOURCE CONSERVATION 407 WaterSmart Field Svcs:Nov 2019 80005106 P5100 114.00DISTRICT 408583 12-Dec-19 1506 MUTUAL OF OMAHA POLICYHOLDER 001020069018 Basic Life/AD&DNoI Life/LTD/STD Prem:Nov F1000 86210 3,747.69 SERVICES 2019 001020069018 Basic Life/AD&DNoI Life/LTD/STD Prem:Nov Fl000 87330 3,101.22 2019 001020069018 Basic Life/AD&DNoI Life/LTD/STD Prem:Nov Fl000 87350 6,684.182019 001020069018 Basic Life/AD&DNoI Life/LTD/STD Prem:Nov 2019 F1000 87351 2,056.79 001027879485 Basic Life/AD&DNol Life/LTD/STD Prem:Dec Fl000 86210 3,869.39 2019 001027879485 Basic Life/AD&DNoI Life/LTD/STD Prem:Dec Fl000 87330 3,579.102019 001027879485 Basic Life/AD&DNoI Life/LTD/STD Prem:Dec Fl000 87350 7,169.132019 001027879485 Basic Life/AD&DNoI Life/LTD/STD Prem:Dec Fl000 87351 2,205.97 2019 Total for Check 408583: $32,413.47January 21, 2020, Item #1 Register of Demands: Page: 8 of 12Warrantsfrom12/ 9/2019-12/13/2019 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408584 12-Dec-19 175 NAPA AUTO PARTS/POWAY 415094 Stock-Mud Flaps 413010 47900 51.68 0 p 415351 Stock-Trailer Wire 413010 47900 33. 38 N Total for Check 408584:85.06 W 408585 12-Dec-19 565 NEAL ELECTRIC,INC 73142 Meadowbrook-lights 415010 41200 212.00 40586 12-Dec-19 1268 NEOPOST USA INC.57203209 Postage Machine Meter Rental:Jan 2020 114010 43080 65.51 408587 12-Dec-19 527 NINYO&MOORE 233596 Testing Services 80004200 P0000 2,045.00 233595 Special Inspection and Soil Testing 80005106 P5100 1,579.52 Total for Check 408587: $3,624.52 408588 12-Dec-19 84 OFFICE DEPOT BUSINESS SERVICES 405852788-001 Custom Stamp for Fire Prevention 502050 47100 32.31 DIVISION a 405853351-001 Toner for Captains Office 501050 47100 50. 28 407917390-001 Lake&BS Office Supplies 202020 47100 18.96 407917390-001 Lake&BS Office Supplies 207020 47100 22. 30 412021210-001 Office Supplies 402060 47100 47.54 412021210-001 Office Supplies 400060 47100 35.55 412002203-001 Office Supplies-2nd Floor 306030 47100 43.09 411561333-001 Office Supplies-2nd Floor 301030 47100 46.29 411603960-001 Office Supplies 414040 47100 167.61 411603960-001 Office Supplies 400060 47100 20.11 412050050-001 CSD Office Supplies 200020 47100 76.43 412034133-001 Office Supplies 121010 47100 38. 96 412034133-001 Office Supplies 121010 49340 16.39 409819509-001 Lake Blue Office Supplies 202020 47100 75. 22 414121403-001 Fine Point Markers 413010 47100 50.85 414122264-001 White label printer tape 413010 47100 20.07 406176924-001 Purchase 624 Recycling Bins for PUSD 80002454 P2450 2,588.59 Total for Check 408588: $3,350.55 408589 12-Dec-19 194 PARKHOUSE TIRE INC 3010307858 Red Fleet;900A-Tires 413010 47900 123.18 408515 12-Dec-19 999998 PARKS,JESSICA 12/19-Parks Work Order#2259-Food Boil Water Alert 402060 47900 EM001 99.20 408590 12-Dec-19 1689 PETTY CASH PUBLIC WORKS PW 12-6-19 Petty Cash Reimbursement 12/06/19 414040 47100 8.50 DEPARTMENT PW 12-6-19 Petty Cash Reimbursement 12/06/19 405060 47600 7.99 PW 12-6-19 Petty Cash Reimbursement 12/06/19 402060 47900 EM001 35. 90 PW 12-6-19 Petty Cash Reimbursement 12/06/19 402060 47900 EM001 92.32 PW 12-6-19 Petty Cash Reimbursement 12/06/19 402060 47900 EM001 71.80January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 9 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408590 12-Dec-19 1689 PETTY CASH PUBLIC WORKS PW 12-6-19 Petty Cash Reimbursement 12/06/19 402060 47900 EM001 10.29 a DEPARTMENT p PW 12- 6-19 Petty Cash Reimbursement 12/06/19 402060 47900 EM001 52.10 N PW 12-6-19 Petty Cash Reimbursement 12/06/ 19 412040 57300 8.65 03 Total for Check 408590: $287.55 408591 12-Dec-19 747 PLUMBERS DEPOT INC. PD-43815 Vactor Equipment 403570 43080 998.76 408592 12-Dec-19 25 POWAY CENTER FOR THE PERFORMING 11252019 Poway OnStage weekly ticket sales F1000 86330 6,466.00 ARTS FOUNDATION 408593 12-Dec-19 265 POWAY FIREFIGHTERS ASSOCIATION DUES PPE 12/01/19 Fire Association dues for PPE 12/01/19 F1000 86100 2,533.50 408594 12-Dec-19 1496 POWAY SYMPHONY ORCHESTRA 1354 Final Event Report-Poway Adult School F1000 86350 10,730.00 FOUNDATION 1354 Final Event Report-Poway Adult School 204020 76230 59.50) 1354 Final Event Report-Poway Adult School 204020 76320 1,346.00) 1354 Final Event Report-Poway Adult School 204020 76230 427.50) Total for Check 408594: $8,897.00 408512 12-Dec-19 999993 PROCESS CELLULAR,INC. RW19-0455 RW19-0455 Security Release 390030 59800 5,000.00 408595 12-Dec-19 1058 R&B PINTO PROPERTIES LLC LKCONC 11/25-12/1 Wkly Lk Conc 11/25/19- 12/01/19+CC Nov F1000 86360 1,278.38 V LKCONC 11/25-12/1 Wkly Lk Conc 11/25/19- 12/01/19+CC Nov 202020 51130 224.91) Total for Check 408595: $1,053.47 408596 12-Dec-19 1518 RANDALL LAMB ASSOCIATES,INC.106066 Design Services-City Hall Hydronic Piping 80006171 P6170 1,320.00 408597 12-Dec-19 212 SAN DIEGO COUNTY APCD 00669-2011-RI-2019 Unit 751,APCD District Fees 402060 57300 460.00 00667-2011-RI-2019 Unit 752,APCD District Fees 402060 57300 460.00 Total for Check 408597: $920.00 408598 12-Dec-19 221 SAN DIEGO GAS&ELECTRIC 75223801844-11/19 14445 Lake Poway Rd, 10/21/19-11/20/19, 402060 21056 267.27 1,077 kWh 14532237960-12/19 13094 Civic Center Dr. 10/31/19-11/30/19 208020 21010 34.13 Total for Check 408598: $301.40 408599 12-Dec-19 201 SAN DIEGO HUMANE SOCIETY AND 12-01-19-ACP Animal Control Services:December 2019 200020 41010 20,342.08 SPCA T 408600 12-Dec-19 837 SAN DIEGO UNION TRIBUNE 013181554000 Shop Local Holiday advertising display 104030 49320 750.00 408601 12-Dec-19 829 SC COMMERCIAL,LLC 0736323-IN Fuel for Fleet-Unleaded 3476 G 413010 31020 12,068.13 Diesel 498.30 G 0737141-IN Fuel for Fleet-Diesel 181 Gal 413010 31020 673.45 Total for Check 408601: $12,741.58 408602 12-Dec-19 562 SEA BREEZE GLASS&CONSTRUCTION RSI-19-2241 Glass repair 415010 43040 125.00 408603 12-Dec-19 1128 SEATADVISOR INC.519517 SABO Ticket charges November 2019 204020 51130 1,532.50 408517 12-Dec-19 999998 SEGOVIA,CHRISTIAN 12/19-Segovia FY20 Boot Allowance:Segovia 411040 49280 200.00January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/ 13/2019 Page: 10 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408513 12-Dec-19 999994 SETHI,PUNEET 0828-090619 Refund Private Swim Lessons 203020 76260 69. 00 p 408604 12-Dec-19 282 SHARP REES-STEALY MEDICAL CENTER 338296727 Preplacement 121010 49160 60. 00 N 338371990 Preplacement 121010 49160 60. 00 La 338296728 Non DOT Urine Drug Screen 121010 49160 35.00 338371989 Non DOT Urine Drug Screen 121010 49160 35.00 338371991 Quant TB&Spec Coll&Prep 121010 49160 48.00 338155487 DMV Medical Exam 402560 49160 110.00 338398876 DMV Medical Exam 402560 49160 110.00 338370927 DMV Medical Exam 402560 49160 110.00 338279663 DMV Medical Exam 403570 49160 110.00 338386221 DMV Medical Exam 403570 49160 110.00 338383375 Ergonomic Evaluation 122010 17999 540.00 338112953 DMV Physical 411040 49160 110.00 338112209 DMV physical 412040 49160 110.00 338116320 Staff Medical Exams 200020 49160 49.00 Total for Check 408604: $1,597.00 408605 12-Dec-19 492 SQS VIDEO COMMUNICATIONS 2019 1290 Telecasting Services:Nov 19&Dec 3,2019 114010 41200 800.00 408606 12-Dec-19 831 STATE WATER RESOURCES CONTROL BremerD2 Rob Bremer D2 Certificate Renewal 405060 49240 80. 00 BOARD-OPCERT 05/01/2020 408607 12-Dec-19 528 STATEWIDE SAFETY&SIGNS,INC 01005626 2)Umbrella 412040 47500 .-_.. 213.11 408608 12-Dec-19 854 STRYKER SALES CORPORATION 2834986M Operating Supplies-Cables 503050 47600 2,928.74 2850023M Operating Supplies-refund from 2834986M 503050 47600 178.64) 2851350M Gurney Batteries 503050 43080 1,857.87 Total for Check 408608: $4,607.97 408609 12-Dec-19 1281 TARGETSOLUTIONS LEARNING TSINV00000032662 Premier Membership Platform 400060 41200 302.73 TSINV00000032662 Premier Membership Platform 401060 41200 681.15 TSINV00000032662 Premier Membership Platform 402060 41200 529.78 TSINV00000032662 Premier Membership Platform 402560 41200 681.15 TSINV00000032662 Premier Membership Platform 403570 41200 529.78 TSINV00000032662 Premier Membership Platform 405060 41200 75.68 TSINV00000032662 Premier Membership Platform 410060 41200 378.42 TSINV00000032662 Premier Membership Platform 411040 41200 681.15 TSINV00000032662 Premier Membership Platform 412040 41200 378.42 TSINV00000032662 Premier Membership Platform 413010 41200 227.05January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 11 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408609 12-Dec-19 1281 TARGETSOLUTIONS LEARNING TSINV00000032662 Premier Membership Platform 414040 41200 1,135.25 2, TSINV00000032662 Premier Membership Platform 415010 41200 302.73 TSINV00000032662 Premier Membership Platform 420040 41200 75.71ca Total for Check 408609: $5,979.00 408610 12-Dec-19 1696 TRANSUNION RISK AND ALTERNATIVE 3081831-201911-1 November data retrieval 504050 41200 201.00DATASOLUTIONSINC 905380 09-Dec-19 941 U.S.DEPT.OF THE TREASURY FED WH PE2019-25 FED W/H EFT PE2019-25 F1000 86180 23,277.60 FED WH PE2019-25 FED W/H EFT PE2019-25 F1000 86160 84,398.45 Total for Check 905380: $107,676.05 408611 12-Dec-19 1580 UNIFIRST CORPORATION 361 0091707 Uniforms and Mats Weekly Rental Fee 415010 41200 8.54 361 0091707 Uniforms and Mats Weekly Rental Fee 402060 49280 30. 76 361 0092377 Fire Station 1 mats/towels 501050 49280 29. 88 361 0092379 Fire station 3 mats/towels 501050 49280 43.51 361 0092378 Fire station 2 mats/towels 501050 49280 21.89 361 0092529 Uniforms Weekly Rental Fee 405060 49280 5.44 361 0092530 Uniforms Weekly Rental Fee 403570 49280 50.48 361 0092532 Uniforms Weekly Rental Fee 402560 49280 32.45 361 0092533 Uniforms and Mats Weekly Rental Fee 415010 41200 8.54 361 0092533 Uniforms and Mats Weekly Rental Fee 402060 49280 25.52 361 0092534 Uniforms Weekly Rental Fee 401060 49280 43.44 361 0092537 Twin Peaks Gym:mats and mops 415010 41200 11.37 361 0092527 Streets Division:uniforms 411040 49280 58.91 361 0092526 Stormwater:uniformS 412040 49280 34.24 361 0092531 Facilities:uniforms 415010 49280 10.92 361 0092539 Lake Poway dock:mats 415010 41200 9.89 361 0092536 Public Works:mats 415010 41200 6.45 361 0092535 South Parks:mats and uniforms 414040 49280 26. 60 361 0092375 City Hall:mats 415010 41200 8.41 361 0092376 Meadowbrook Gym:mats and mops 415010 41200 26.31 361 0092528 Warehouse:mats and uniforms 415010 41200 1.22 361 0092528 Warehouse:mats and uniforms 410060 49280 4.14 361 0092525 Fleet:mats and uniforms 415010 41200 8.81 361 0092525 Fleet:mats and uniforms 413010 49280 46.02 Total for Check 408611: $553.74January 21, 2020, Item #1 Register of Demands: Warrants from 12/9/2019-12/13/2019 Page: 12 of 12 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408612 12-Dec-19 655 UNITED SITE SERVICES 114-9526045 Portable Restroom Services 501050 47900 135.21 O 114-9536016 BS Portable Svcs 11/29/19-12/26/19 207020 41200 268.71 N 114-9511777 Portable Restroom Services 414040 41200 453.86 W Total for Check 408612: $857.78 408613 12-Dec-19 1085 UNITIS CONTRACTOR SUPPLIES 168694 Rock Socks F1000 81350 610.95 408614 12-Dec-19 321 VERIZON WIRELESS 9843126223 Community Outreach Coord Phone 103010 33011 26.21 10/29/19-11/28/19 408615 12-Dec-19 321 VERIZON WIRELESS 9843289430 Wireless Services:November 2019 301030 22000 76. 02 9843289430 Wireless Services:November 2019 306030 22000 114.03 Total for Check 408615: $190.05 408616 12-Dec-19 321 VERIZON WIRELESS 9843126224 Customer Services:Cell Phones 10/29/19- 112010 33011 269.25 11/28/19 408617 12-Dec-19 2083 VILLA DE VIDA INC 2201.200.19 Instructor Payment Fall 2019 208020 41300 360.00 408618 12-Dec-19 1634 VINYARD DOORS,INC. 100118 Fire Department#2:doors 415010 43040 450.00 • 100119 Fleet: door repair 415010 43040 5,500.00 Total for Check 408618: $5,950.00 408619 12-Dec-19 474 VIP JANITORIAL SERVICE 5762 Janitorial Services for PCPA-November 2019 204020 41400 4,776.98 408620 12-Dec-19 272 WAXIE 78712402 Sanitary supplies 415010 47200 683.61 408621 12-Dec-19 540 WEST COAST ARBORISTS,INC. 154397 Tree Trimming,Removal 423040 41200 1,982.76 154400 Tree Trimming,Removal 414040 41200 23,281.44 Total for Check 408621: $25,264.20 408622 12-Dec-19 1340 WORLD ADVANCEMENT OF 1350 EMS Patient Reporting Software 503050 41200 1,094.00 TECHNOLOGY FOR EMS AND RESCUE 408623 12-Dec-19 2085 YOGA REJOICE LLC 1600.200.19 Instructor Payment Fall 2019 208020 41300 912.00 408624 12-Dec-19 1573 ZORO TOOLS,INC. INV6884157 Hand Sanitizer F1000 81350 301.78 INV6884925 Safety Glasses F1000 81350 178.69 Total for Check 408624: $480.47 5,553;067.88:Register TotaL•. Director of Finance Approved: A;1?-----_____ Date: //7/ZoJanuary 21, 2020, Item #1 6'" 6yr.:u" r The City of Poway Director of Finance Submits the Following Register of Demands for the period 12/16/2019- 12/20/2019 and Recommends its Ratification/Approval: Run Date: 06-Jan-20 cm O Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount n .n..nn,x... .,, ryWOVAUWroIW•- ,,,..., ....,.,..,,.r..,,,JlIIID1W31Nf091WIN11YbWWY@PmlaWimWlWllutWlUtelmYtulNUY I BIHWIff1AlWImYWGYIYUYO ttlUllllW^^^+n mmmrlWlPl'dtlUt IpHB11tWI1q 1080NWC50(W'AVW'llollnWWLWQ@CI pW WI@H LVGUIxn.,,wx'..mm,xnncmny.H110UW10WUEWIdUWIOb®INllIGNIWWWtl__1 51®IIIllWtl w 408630 20-Dec-19 196 AIRGAS USA,LLC 9967008278 Pool Tank Rental 203020 49360 115.95 9095834653 Pool Carbon Dioxide 203020 45200 168.13 Total for Check 408630: $284.08 408631 20-Dec-19 196 AIRGAS USA,LLC 9966923200 Airgas rentals 501050 47600 40.20 9966923200 Airgas rentals 503050 47500 1,498.80 9966923468 Airgas rentals 503050 47500 421.05 9966923201 Airgas rental-Tower 501050 47600 48.73 9966958001 SCBA Tank,Breathing Air 402060 47500 128.80 Total for Check 408631: $2,137.58 408633 20-Dec-19 21 ARAMARK REFRESHMENT SERVICES 1631835 Monthly Lease Payment:Jan 2020 PCPA 204020 49360CappuccinoMachine 55. 65 I 6333130 Coffee 500050 47600 152.85 n 6354932 Coffee 500050 47600 344.00 1 Total for Check 408633: $552.50 C- M 408634 20-Dec-19 835 AT&T 13993775 BAN 9391063084 11/03/19-12/02/19 208020 22000 61.14 Z— r I 408635 20-D_e_c-19 835 AT&T 13993776 BAN 9391063090 11/03/19-12/02/19 410060 33010 80.96 408636 20-Dec-19 1109 ATOM ENGINEERING CONSTRUCTION 2200066 RET PCPA Smoke Hatch 80001002 P1000, 751.67INC. m.. 408637 20-Dec-19 2116 BALANCE HYDROLOGICS, INC 219081-1119 Rattlesnake Creek Integrity Study 80002314 P2310 6,439.53 408638 20-Dec-19 2111 BARRETO,INC. 2 Cargo Trailer Replacement 115010 61040 4,710.86 2 Cargo Trailer Replacement 115010 61040 84.14 Total for Check 408638: $4,795.00 408639 20-Dec-19 453 BAY CITY EQUIPMENT INDUSTRIES,INC W218008 Unit 751,Generator Maintenance,Low Coolant 402060 43080 104.44Alarm 408640 20-Dec-19 264 BJ'S RENTALS INC. 992183-5 Propane 411040 47600 9.05 408641 20-Dec-19 408 BOOT WORLD INC 24297 FY20 Boot Allowance:Burrow 402060 49280 193.93 24054 FY20 Boot Allowance:Castanares 412040 49280 200.00 24055 FY20 Boot Allowance:Herron 415010 49280 193.91 Total for Check 408641: $587.84 905397 20-Dec-19 788 CALPERS PERS EFT PE2019-25 PERS EFT PE2019-25 F1000 87100 139,887.01 PERS EFT PE2019-25 PERS EFT PE2019-25 111010 13140 0.04 Total for Check 905397: $139,887.05January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 2 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amountwxxw,,,v,w,x wmx.wmwuwm^^^^^w - . , ,„,,,,.«.....,., wantwmumnnwmmwwouwmmuuuwmiuuwwamwvunwmucmnwwuwunuuuuwmo.x,«„w«<M,wn y,_wmn ntiw. -_ -rewuwmwmuwwniaumwannwawiwwwwx.u.m..unwwwutwmuwuwwnwiw w..,•x,,.nowt-,w,,,w.ammnim: twtdx,«,„y uwmauwiwwn 408642 20-Dec-19 532 CANNON PACIFIC SERVICESa) INC x$ 20 273 17150919StreetSweeping4110404332020,273.17 O' 150920 Street Sweeping 411040 43320 109.65 W 150921 Bus Stop Maintenance 80002434 P2430 2,021.50 w Total for Check 408642: $22,404.32 408643 20-Dec-19 1049 COAST EQUIPMENT RENTALS 50364 Bucket Lift Truck rental-holiday deco install 411040 49360 991.26 408644 20-Dec-19 1094 COMMERCIAL AQUATIC SERVICES 119-5802 Pool Bulk Acid 203020 45200 -- 558.58558.58 119-5665 Pool Preventative Maintenance 203020 41200 1,495.00 119-6233 Pool Bulk Chlorine 203020 45200 584.55 Total for Check 408644: $2,638.13 408645 20-Dec-19 82 CORODATA RECORDS MANAGEMENT RS4545990 Climate Control Records Storage 100010 49040INC. 11/01/19-11/30/19 146.30 RS4545989 Records Storage 11/01/19-11/30/19 101010 41200 1,270.57 Total for Check 408645: $1,416.87 408646 20-Dec-19 1309 CORODATA SHREDDING, INC. DN1249884Shredding Services through 11/30/19 101010 41200 165.86 408647 20-Dec-19 286 COSTCO WHOLESALE 7751018519 Kid's Night Out Supplies 208020 47600 81.11 77512370641 JPIA Training Refreshments:Playground Safety 400060 47600$31.41 Total for Check 408647: $112.52 408648 20-Dec-19 1560 CREST BEVERAGE,LLC 326110 Beer-PCPA Concessions 204020 47900 553.10 408625 20-Dec-19 999991 CRICKET COMMUNICATIONS 3 MDRA06-033 Security Deposit Refund 392030 59800 1,200.00 408649 20-Dec-19 1226 D&H WATER SYSTEMS INC.12019-1457 Chlorinator Repair 402060 43080 2,555.07 12019-1480 Alum Pump Repair Kits 402060 43080 1,021.33 Total for Check 408649: $3,576.40 408650 20-Dec-19 2088 DBI SERVICES, INC 4067902 City Properties Weed Abatement 301030 49180 14,882.5810/27/19-11/2/19 4068240 Private Property Abatement 11/6/19-11/16/19 301030 49180 33,683.80 Total for Check 408650: $48,566.38 408651 20-Dec-19 1079 EAST COUNTY SAN DIEGO SOCCER 2010.200-04.19 Instructor Payment Fall 2019 208020 41300 3,735.00SHOTSLLC 408652 20-Dec-19 101 ESGIL LLC NOV2019 Fire Building Inspection Permit&Plan Check 502050 17050 3,093.75Fees 408653 20-Dec-19 1189 EYE/COMM,INC. 53248 TTM19-004-Extended Public Noticing& 301030 41200 259.91Printing 408654 20-Dec-19 116 FERGUSON WATERWORKS 0698536 Pipe Wrap Tape F1000 81350 155.16 0698612 Paradise Blowoff Repair 402560 43080 355.65 0698524 Paradise Blowoff Repair 402560 43080 78.37January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 3 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount a 408654 20-Dec-19 116 FERGUSON WATERWORKS 0698613 Truck Stock 402560 43080 152.03 O 0699283 Work Order#2259-Repair supplies 402060 47900 EM001 177.79 N 0699031 Work Order#2259-Repair supplies 402060 47900 EM001 3,368.49 W Total for Check 408654: $4,287.49 408655 20-Dec-19 104 FIRE ETC. 136856 Truck supplies 501050 47600 39.12 408656 20-Dec-19 27 FLEET PRIDE/ASSOCIATED TRUCK 40459779 Unit 703-Window Kit 413010 47900 36.16 PARTS 41269052 Red Fleet-Stock-Hub Pilot Light 413010 47900 206.71 41405697 Red Fleet-Unit 928-Nylon Tubing 413010 47900 63.05 41050144 Red Fleet-Unit 921-Sealed beam 413010 47900 41.22 Total for Check 408656: $347.14 408657 20-Dec-19 1380 FLYERS ENERGY LLC CFS-2126101 Safety Services 11/19-11/28 Fuel 413010 31020 370.88 408658 20-Dec-19 592 GARY F.HOYT,LANDSCAPE CP-2356 Plan Check&Inspections-September 2019 301030 17999 640.00 ARCHITECTURE INC. 408660 20-Dec-19 120 GRAINGER INC 9375863066 Rubber Boots F1000 81350 475.95 9382032390 Rubber Boots F1000 81350 158.65 9385768131 Dock Supplies 202020 47600 31.93 Total for Check 408660: $666.53 408661 20-Dec-19 480 HARPER&ASSOCIATES ENGINEERING ENG-6818 Special Inspection-Buehler Reservoir 80005106 P5100 8,241.20 INC 408662 20-Dec-19 127 HAWTHORNE MACHINERY CO 84079901 Rental Backhoe 402060 47900 EM001 135.00 408663 20-Dec-19 521 HILL BROTHERS CHEMICAL CO. 07062061 Aqua Ammonia,11/26/19,3,971 gal 402060 45200 3,037.91 408664 20-Dec-19 152 HOME DEPOT COMMERCIAL ACCOUNT 6350240 Foaming Glass Cleaner F1000 81350 200.77 9360129 Keys 2998 and 335 402060 47600 51.84 1370339 Truck Supplies 402560 43080 153.91 6350252 Work Order#2259.-Repair supplies 402060 47900 EM001 139.18 7370427 WO 234158 repair supplies 415010 47600 80.31 7360137 WO 234489 repair supplies 415010 47600 65.11 0340252 WO 221576: repair supplies 415010 47600 189.51 5350258 Wheeled cart 414040 47900 171.32 Total for Check 408664: $1,051.95 408665 20-Dec-19 2061 J.R.FILANC CONSTRUCTION COMPANY 2200083-PP2 Upgrade Projects-Water Treatment Plant 80005106 P5100 52,912.15 INC 408666 20-Dec-19 750 JCI JONES CHEMICALS,INC. 808568 Sodium Hydroxide, 12/13/19,24.244 tons 402060 45200 8,988.20 408667 20-Dec-19 160 KOSMONT COMPANIES 1705.12 011 Balance Balance Due:Town Ctr RFQ/P Services F1000 86800 2,664.25 408669 20-Dec-19 1494 MAEL,JENNIFER 00496 WA 19-016 305030 41220 300.00January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 4 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408669 20-Dec-19 1494 MAEL,JENNIFER 00497 WA 19-018 305030 41220 300.00 co 2, 00495 WA 19-025 305030 41220 1,900.00 N 00500 WA 19-026 305030 41220 300.00Co 00501 WA 19-027 305030 41220 300.00 00465 WA 19-017 305030 41220 300.00 00433 FFA/FSCA Community Park 80004200 P0000 1,500.00 Total for Check 408669: $4,900.00 905389 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST 457 PPE 12/15/19 ICMA 457 deferred comp deductions PPE F1000 86120 63,464.13CO.BANK 12/ 15/ 19 905390 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST 457R PPE 12/15/ 19 ROTH 457 deferred comp PPE 12/15/19 F1000 86120 3,919.47CO.BANK 905391 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST 401A PPE 12/15/19 401A employer contributions PPE 12/ 15/19 F1000 86130 11,514.36CO.BANK 905392 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST ROTH PPE 12/15/19 ROTH IRA employee contributions PPE F1000 86220 225.00CO.BANK 12/15/19 905393 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST RHS PPE 12/15/19 Retirement Health Savings Plan(Safety) F1000 87004 1,662.86CO.BANK PPE 12/ 15/ 19 905394 20-Dec-19 616 MANUFACTURERS&TRADERS TRUST RHM PPE 12/ 15/ 19 Retirement Health Savings Plan(Mgmt)PPE F1000 87004 5,906.63CO.BANK 12/ 15/19 408668 20-Dec-19 151 MAYER REPROGRAPHICS INC 0034863-IN Water Valve Replacement Project Supplies 80005106 P5100 141.33 408626 20-Dec-19 999998 MILLER,ALAN 12/19-Miller FY20 Boot Allowance:Miller 112010 49280 188.50 408670 20-Dec-19 175 NAPA AUTO PARTS/POWAY 414544 Stock-Oil Filters,Air Filters 413010 47900 26. 28 409250 Air Brake Chamber 413010 47900 68.41 395658 Apparatus shock for hose bed 501050 43080 25.85 416189 Unit 951 -Wiper Blades,Spray 413010 47900 38. 32 Total for Check 408670: $158.86 408671 20-Dec-19 2044 NATIONWIDE MEDICAL SURGICAL INC 1053740 ALS Medications 503050 47400 1,133.38 408672 20-Dec-19 84 OFFICE DEPOT BUSINESS SERVICES 404889930-001 Office Supplies 208020 47100 55. 46 DIVISION 414459698-001 Office Supplies 111010 47100 50.22 412037473-001 Office Supplies 401060 47100 26.93 412037547-002 Office Supplies 401060 47100 27. 47 415084340-001 Office Supplies 103010 47100 112.22 415085300-001 Office Supplies 103010 47100 24. 23 405457000-001 Office Supplies 402060 47100 46. 63 405457000-001 Office Supplies 401060 47100 10.69 415038919-001 Office Supplies 101010 47100 67.44 414701628-001 Office Supplies DSD 1st floor 305030 47100 132.95January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 5 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount 408672 20-Dec-19 84 OFFICE DEPOT BUSINESS SERVICES 415079242-001 Office Supplies-2nd Floor 300030 47100 28.47 co DIVISION p Total for Check 408672: $582.71 408632 20-Dec-19 372 OLYMPIC COATINGS 27620 Meter Spacer 402560 43080 113.14 408673 20-Dec-19 186 PACIFIC PIPELINE SUPPLY S100411127.001 Work Order#2259-Repair supplies 402060 47900 EM001 7,554.19 408674 20-Dec-19 194 PARKHOUSE TIRE INC 3010307585 Stock/Red Fleet-Tires 413010 47900 2,368.88 3010308000 Unit 951,Stock-Tires 413010 47900 1,219.19 3010307741 Unit 921-Red Fleet 413010 47900 592.22 Total for Check 408674: $4,180.29 408675 20-Dec-19 689 PARS 44311 Monthly Admin Fee:Oct 2019 F1000 87220 2,500.00 408676 20-Dec-19 1931 PDQ CONNECT INC 15734 Radio,Pump Stations and Reservoirs 402060 43080 1,329.21 408677 20-Dec-19 762 PINPOINT PEST CONTROL CO.INC. 446049 City Hall: bee removal 414040 41200 95.00 408678 20-Dec-19 747 PLUMBERS DEPOT INC. PD-43814 Unit 65A-Tubes for Gap Vax 413010 47900 845.12 PD-43816 Unit 49-Hose 413010 47900 245.62 Total for Check 408678: $1,090.74 408679 20-Dec-19 536 POLLARD WATER 0154929 Work Order#2259-Repair supplies 402060 47900 EM001 1,218.08 0155375 Work Order#2259-Repair supplies 402060 47900 EM001 1,490.06 0155355 Work Order#2259-Repair supplies 402060 47900 EM001 1,249.52 0154930 Work Order#2259-Repair supplies 402060 47900 EM001 46.15 0154950 Work Order#2259-Repair supplies 402060 47900 EM001 167.81 Total for Check 408679: $4,171.62 408680 20-Dec-19 25 POWAY CENTER FOR THE PERFORMING 12082019 Poway OnStage Weekly Ticket Sales F1000 86330 7,395.00 ARTS FOUNDATION 12012019 Poway OnStage Weekly Ticket Sales F1000 86330 4,616.00 Total for Check 408680: $12,011.00 408681 20-Dec-19 1058 R&B PINTO PROPERTIES LLC LKCONC 12/02-12/08 Wkly Lk Conc 12/02/19-12/08/19 F1000 86360 3,607.88 408682 20-Dec-19 2047 RAFTELIS FINANCIAL CONSULTANTS, 13682 Water and Sewer Rate Study Nov 2019 401060 17200 12,416.19INC. 408683 20-Dec-19 614 RANCHO BERNARDO PRINTING,INC 43802 Winter Festival Flyers&Posters 208020 49220 306.01 408659 20-Dec-19 719 RANDOLPH-MOORE,LYNNE 2300.200-05.19 Instructor Payment Fall 2019 208020 41300 2,508.00 408685 20-Dec-19 358 ROADONE 752808 Unit 24-Towing 413010 43120 75.68 408686 20-Dec-19 638 ROCHESTER MIDLAND CORPORATION INV00159144 Bathroom freshener 415010 41400 704.49 408687 20-Dec-19 229 RUPE'S HYDRAULICS P178799 Unit 520-Skid Steer Repairs 413010 43120 537.52 854884 80001001 P1000 3,180.07 408688 20-Dec-19 230 RUTAN AND TUCKER 012782-0003 Professional Service through 11/30/19 408689 20-Dec-19 221 SAN DIEGO GAS&ELECTRIC 14532248918-12/19 13094 Civic Center Dr.10/31/19-11/30/19 203020 21010 8,465.05January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 6 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount N 408689 20-Dec-19 221 SAN DIEGO GAS&ELECTRIC 60153342241-12/19 13104 Silver Lake Dr 11/10/ 19- 12/ 10/19 207020 21010 64.76 26480327247-12/19 12250 1/2 Meadowbrook Lane 201020 21010 724.75 K.) 11/7/19-12/09/19 C.) 32089688823-12/19 13090 Civic Center Dr 11/10/19-12/10/19 208020 21010 286.80 32430844182-12/19 14002 1/2 Pomerado Road 11/07/19- 12/09/19 414040 21010 10.81 86797737652-12/19 13250 Pomerado Road 11/07/19- 12/09/19 414040 21010 11.43 11183824070-12/19 16275 Espola Road 11/10/ 19-12/10/ 19 414040 21010 10.00 41639610229-12/19 15001 Highway 67 MP 11/10/19-12/ 10/19 414040 21010 10.00 37750258723-12/19 13725 Poway Road 11/10/19-12/10/19 430050 21020 63.70 70195729909-12/19 12150 1/2 Sage View Road 11/07/19- 12/09/19 425040 21010 11.63 82033128582-12/19 13325 Civic Center Dr: 11/10/ 19-12/ 10/ 19 114010 21010 16,469.08 Total for Check 408689: $26,128.01 408690 20-Dec-19 596 SAN DIEGO GAS&ELECTRIC 308299 New Electric Meter-MCCC 80004200 P0000 1,131.00 408684 20-Dec-19 2104 SAN DIEGO HOUSE OF MOTORCYCLES, 1 All Terrain Vehicles 115010 61040 36,482.58 LLC 1 All Terrain Vehicles 115010 61040 854.76 1 All Terrain Vehicles 115010 61040 302.47 1 All Terrain Vehicles 115010 61040 185.17 1 All Terrain Vehicles 115010 61040 41.43 1 All Terrain Vehicles 115010 61040 330.04 1 All Terrain Vehicles 115010 61040 201.91 1 All Terrain Vehicles 115010 61040 N .KK $ 27.18 1 All Terrain Vehicles 115010 61040 125.53 1 All Terrain Vehicles 115010 61040 32.03 1 All Terrain Vehicles 115010 61040 640.66 Total for Check 408684: $39,223.76 408691 20-Dec-19 837 SAN DIEGO UNION TRIBUNE 013184509000 Legal Ad 11/01/19-11/30/19 101010 49320 1,063.65 013184509000 Legal Ad 11/ 01/19-11/30/19 400060 49320 52.36 Total for Check 408691: $1,116.01 408629 20-Dec-19 999997 SIGLER,JONI 36516500-17 Closing Bal Refund:Overpay#36516500-17 F5100 81020 222.94 408692 20-Dec-19 645 SO CAL SIGNS, INC.6971 Council Meeting Nameplate-Heidemann 101010 47100 36.34 408693 20-Dec-19 776 SOUTH COAST EMERGENCY VEHICLE 013371 Red Fleet-Unit 925-Electrical Work 413010 43120 1,275.63SERVICE 408627 20-Dec-19 999998 STRAWN,MIKE 12/19-Strawn Paramedic license renewal 503050 31040 200.00 408694 20-Dec-19 1652 STREAMLINE AUTOMATION SYSTEMS, 2019-091 FCIP Inspection Program Software 502050 41200 10,377.00 LLCJanuary 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 7 of 9 Check Check Payee/ Number Date Vendor# Payee/Vendor Name Invoice Number Description Org Object Project Check Amount N 408695 20-Dec-19 351 SWRCB LW-1025324 Water System Fees 7/1/2019-6/30/2020 402060 57300 41,646.00 1. o 408696 20-Dec-19 351 SWRCB Rice,J.D52019 Rice,J.D5 Certification Evaluation Fee 401060 49240 105.00 N 408628 20-Dec-19 999998 SYMMES,KLAYTON 12/19-Symmes Paramedic license renewal 503050 31040 200.00W 408698 20-Dec-19 1422 TINOSA INC.5782 Breathing Apparatus Compressor 501050 43080 500.00 408697 20-Dec-19 1041 T-MAN TRAFFIC SUPPLY 10353 10)Marking Sticks F1000 81350 192.01 408699 20-Dec-19 2112 TRI-GROUP CONSTUCTION& 2200110-RET Poway Road Turn Pocket 80002234 P2230 9,000.00DEVELOPMENT 905387 17-Dec-19 34 U.S.BANK 1516834 2012 COP Debt Svc Pmt 12/ 19 F3110 80200 766, 985.27 905395 20-Dec-19 785 U.S.BANK N.A. PARS ARS PE2019-26 PARS ARS PE2019-26 F1000 87200 2,225.39 905396 20-Dec-19 785 U.S.BANK N.A. PARS REP PE2019-26 PARS REP PE2019-26 F1000 87210 54,812.55 408700 20-Dec-19 236 UNDERGROUND SERVICE ALERT 18dsbfe6492 Dig Safe Board Fee,November 2019 402560 57300 69. 47 1120190536 Dig Safe Monthly Charges November 2019 402560 49240 142.00 Total for Check 408700: $211.47 408701 20-Dec-19 1580 UNIFIRST CORPORATION 361 0092538 PCPA:Weekly mat service 204020 49280 9.63 361 0093192 Fire Station 2 mats/towels 501050 49280 21.89 361 0093191 Fire Station 1 mats/towels 501050 49280 29.88 361 0093193 Fire Station 3 mats/towels 501050 49280 43.51 361 0093187 Customer Services:uniforms 112010 49280 9.25 361 0093340 Uniforms Weekly Rental Fee 403570 49280 31.60 361 0093339 Uniforms Weekly Rental Fee 405060 49280 5.44 361 0093342 Uniforms Weekly Rental Fee 402560 49280 32.45 361 0093343 Uniforms and Mats Weekly Rental Fee 415010 41200 8.54 361 0093343 Uniforms and Mats Weekly Rental Fee 402060 49280 21.44 361 0093344 Uniforms Weekly Rental Fee 401060 49280 28.33 361 0093338 Mats and Uniforms:Warehouse 415010 41200 1.22 361 0093338 Mats and Uniforms:Warehouse 410060 49280 4.14 361 0093335 Mats&Uniforms:fleet 415010 41200 8.81 361 0093335 Mats&Uniforms:fleet 413010 49280 46.02 361 0093345 Parks North:uniforms 414040 49280 26.60 361 0093349 Lake Poway Dock:mats 415010 41200 9.89 361 0093347 Twin Peaks Gym:mats and mops 415010 41200 11.37 361 0093190 Meadowbrook Gym:mats and mops 415010 41200 26.31 361 0093189 City Hall:mats 415010 41200 8.41 361 0093346 Public Works:mats 415010 41200 6.45January 21, 2020, Item #1 Register of Demands: Warrants from 12/ 16/2019-12/20/2019 Page: 8 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount N 408701 20-Dec-19 1580 UNIFIRST CORPORATION 361 0093336 Stormwater:uniforms 412040 49280 21.78 2., 361 0093337 Streets Division:uniforms 411040 49280 58.91 N 361 0093341 Facilities:uniforms 415010 49280 10.92W 361 0093348 PCPA Weekly Mat Cleaning Service 204020 49280 9.63 Total for Check 408701: $492.42 408702 20-Dec-19 238 UNIFORMS PLUS INC 51322 Uniforms:MOU 501050 49280 629.04 51321 Uniforms:MOU 501050 49280 471.78 51319 Uniform:MOU;Damage Replacement 501050 49280 168.04 51318 Uniforms:MOU 501050 49280 514.03 51320 Uniforms:MOU 501050 49280 314.52 51317 Uniforms:MOU 501050 49280 37.00 51316 Uniforms:MOU 501050 49280 144.36 Total for Check 408702: $2,278.77 905386 17-Dec-19 36 UNION BANK OF CALIFORNIA 02665WCZ2 Purchase Honda Maturity 6/27/ 24 F1000 82210 1,000,000.00 02665WCZ2 Purchase Honda Maturity 6/27/ 24 F1000 82211 12,410.00 02665WCZ2 Purchase Honda Maturity 6/27/ 24 F1000 82290 11,266.66 Total for Check 905386: $1,023, 676.66 . 905388 19-Dec-19 334 UNION BANK-SAN DIEGO PPE 12/ 15/ 19 Transfer net payroll to Union Bank PPE TREA 80030 716,373.7712/ 15/ 19 PPE 12/15/19 Transfer net payroll to Union Bank PPE F1000 8003012/15/ 19 716,373.77) PPE 12/15/ 19 Transfer net payroll to Union Bank PPE F1000 80030 716,373.7712/ 15/ 19 Total for Check 905388: $716,373.77 408703 20-Dec-19 321 VERIZON WIRELESS 9843721572 PCPA box office Mi-Fi 204020 22000 38.01 408704 20-Dec-19 321 VERIZON WIRELESS 9843126222 Cellular Service 10/29/19-11/28/19 400060 22000 38.01 9843126222 Cellular Service 10/29/19-11/28/19 401060 22000 152.04 9843126222 Cellular Service 10/29/19-11/28/19 401060 33011 w_ $ 0.48 9843126222 Cellular Service 10/29/19-11/28/19 402060 22000 76.02 9843126222 Cellular Service 10/29/19-11/28/19 402060 33011 11.15 9843126222 Cellular Service 10/29/19-11/28/19 402560 22000 266.07 9843126222 Cellular Service 10/29/19-11/28/19 402560 33011 23. 72 9843126222 Cellular Service 10/29/19-11/28/19 403570 22000 152.04 9843126222 Cellular Service 10/29/19-11/28/19 403570 33011 4.17 9843126222 Cellular Service 10/29/19-11/28/19 405060 22000 38.01January 21, 2020, Item #1 Register of Demands: Warrants from 12/16/2019-12/20/2019 Page: 9 of 9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount W40870-4 20-Dec-19 321 VERIZON WIRELESS 9843126222mCellular Service 10/29/19-11/28/19 410060 33011 8.79 2e, 9843126222 Cellular Service 10/29/19-11/28/19 411040 22000 76.02 N 9843126222 Cellular Service 10/29/19-11/28/19 412040 22000 114.03GI. 9843126222 Cellular Service 10/29/19-11/28/19 412040 33011 1.62 9843126222 Cellular Service 10/29/19-11/28/ 19 413010 33011 0.69 9843126222 Cellular Service 10/29/19-11/28/ 19 414040 22000 76.02 9843126222 Cellular Service 10/29/19-11/28/19 414040 33011 24.38 9843126222 Cellular Service 10/29/19-11/28/19 415010 22000 87.07 9843126222 Cellular Service 10/29/19-11/28/19 415010 33011 19.40 9843126222 Cellular Service 10/29/19-11/28/19 430050 22000 38.01 9843126222 Cellular Service 10/29/19-11/28/19 430050 23010 38.01 Total for Check 408704: $1,245.75 408705 20-Dec-19 260 VILLAGE NURSERIES 640925 Plant material 414040 47700 99.94 408706 20-Dec-19 414 VINING WHOLESALE LIGHTING SUPPLY 59181 Lighting-PCPA 204020 47600 159.47. . 408707 20-Dec-19 474 VIP JANITORIAL SERVICE 5798 Sanitary supplies 415010 47200 469.16 408708 20-Dec-19 272 WAXIE 78752486 Sanitary supplies 415010 47200 156.19 78759162 Sanitary supplies 415010 47200 1,267.71 78759173 Sanitary supplies 415010‘ 47200 1,124.50 Total for Check 408708: $2,548.40 408709 20-Dec-19 540 WEST COAST ARBORISTS,INC. 155108 Tree Trimming,Removal and Rep 414040 41200 16,117.92 408710 20-Dec-19 1667 WESTCOAST SECURITY& 3328 Work Order#2259-Water protection 402060 41200 EM001 2,208.00INVESTIGATIVEAGENCY 408711 20-Dec-19 280 WESTERN MOWER AND ENGINE 72293 Saw 414040 43080 320.38 Register Total:3,199;581.45 Director of Finance Approved:pP Date: 772(;January 21, 2020, Item #1 City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Faviola Medina, City Clerk "'lv . 858) 668-4535 or finedina@poway.org SUBJECT: Summary: Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: December 17, 2019 Regular City Council Meeting Minutes The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the Minutes as submitted. Public Notification: None. Attachments: A. December 17, 2019 Regular City Council Meeting Minutes Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Ch s H ` e Assistant City Manager City Attorney City Manager 1 of 8 January 21, 2020, Item #2 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 December 17, 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, ;m. ROLL CALL John Mullin, Barry Leonard, Cayli STAFF MEMBERS PRESENT 7 ank, Dave Grosch, Steve Vaus City Manager Chris Hazeltine; Asslsnt City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Faviol. ° na Commun Services Director Brenda Sylvia; Development Services Director I Fnis; Finance ''Director Aaron Beanan; Human Resources/Risk Management Director Jolene -D:, tpphy; Directq f Public Works Eric Heidemann; s Department. uncr`tn :ber, City Manager, Assistant City Hance shall be used to indicate Mayor/Chair, j/r, City Manager/Executive Director, Assistant Fire Chief Jon Canavan; Captain Jeff Duckworth, She&ei iii//%,, Note: Hereinafter the titles Mayor, Deputy Ihl Manager, City Attor ,y ;,.City Clerl //nd Direct Deputy MayorNice Chair, Council jtember/Dir City Manager/Assistant ExecutivejDirector, Cite. Attorney/Counsel, City Clerk/Secretary and Director o;,;;; e/Finance O PLEDGE OF ALLEGIANCE //////// // Deputy Mayor Grosch led the Pledge of Allegiance. MOMENT OF SILENCE Mayor Vaus ied a moment of silence. PRESENTATION Mayor Vaus recognized Lieutenant Chris Collier and thanked him for his service in Poway. PUBLIC ORAL COMMUNICATIONS Peter Neild expressed concerns regarding public comment (handout on file in the Office of the City Clerk). Phil Factor and Torrey Powers spoke regarding a "GoFundMe" website to raise money for workers affected by the boil water advisory. 2 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 Bo Matthys spoke regarding the Poway Symphony Orchestra performances at the Poway Center for the Performing Arts. Marsha Kaminski spoke regarding restaurants affected by the boil water advisory. Katherine Hirsh representing Southern California Ballet spoke regarding the recent performance of "The Nutcracker" and thanked staff for their continued efforts regarding the Poway Center for the Performing Arts operations. Janet Lettang gave a brief history on the Poway Center for the Performing Arts (PCPA) and announced the PCPA's 30th Anniversary Celebration on Ma j 8, 2020 (handout on file in the Office of the City Clerk). Yuri Bohlen spoke regarding the development in Powa Ed Franklin representing the Poway Chamber of erce sp ,regarding their "Eat Big, Tip Big" Campaign. 1. CONSENT CALENDAR Councilmember Mullin requested tocmment on It Motioned by Deputy Mayor Gro , , onded b uncilmember Mullin to approve Consent Calendar Items 1. 1 throug bion carr ;;Y the following roll -call vote: Ayes: ullin, Le: ; ;d, Fra Noes: zA Abs i 1.1 Approval of Read! osch, ' s and Wa of Reading in full of Ordinances on Agenda 1.2 Ra , ,,, r f grant 9 and'ir,e. erg a 07,0 1.3 Ap""";Iofthe Rea" 1.4 Second - ,•ing and A Council of ity of Po Code relating qtyCou j Meetings" ers t" %.; ' eriof November 11, 2019 through November 019 thro vember 22, 2019 i/ ity C "'% 1 Meeting Minutes for November 19, 2019 ion of Ordinance No. 833 entitled "An Ordinance of the City California, Amending Chapter 2.18 of the Poway Municipal Yuri Bohlen spoke !';;;e ing Item 1.4 and expressed opposition to addressing individual Councilmembers. City Attorney Alan Fenstermacher clarified that the public may address the Council individually, however, the Ordinance states that each person who addresses the Council shall not make personal, impertinent, slanderous or profane remarks to any member of the Council. 1.5 Second Reading and Adoption of Ordinance No. 834 entitled "An Ordinance of the City Council of the City of Poway, California, Rescinding Chapter 13.20 (Airports) and Amending Chapters 2.24 (Municipal Elections), 2.28 (Campaign Contribution and Expenditures) and 17.40 (Comprehensive Sign Regulations) of the Poway Municipal Code" 3 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 1.6 Second Reading and Adoption of Ordinance No. 835 entitled "An Ordinance of the City Council of the City of Poway, California, Amending Poway Municipal Code, Chapters 15.02, 15.04, 15.08, 15.10, 15.12, 15.16, 15. 18, 15.19, 15.21, 15.22, 15.23, 15.24, Adopting by Reference the 2019 California Administrative Code, the 2019 California Building Standards Codes which includes the 2019 California Building Code, the 2019 California Residential Code, the 2019 California Electrical Code, the 2019 California Mechanical Code, the 2019 California Plumbing Code, the 2019 California Energy Code, the 2019 California Historical Building Code, the 2019 California Fire Code, the 2019 California Existing Building Code, the 2019 California Green Building Standards Code, and the 2019 Referenced Standards Code with Local Amendments" 1.7 Second Readingand Adoption of Ordinance No. 83 j1''' p ;:led "An Ordinance of the City Council of the City of Poway, California, Changi Properties (ZC19-002)" Zoning Classification of Certain ei, 1.8 Second Reading and Adoption of Ordinan o. 837 en r, "' "An Ordinance of the City ddi , PowayMunicipal CodeCounciloftheCityofPoway, California, ;.r,. ding Title 17 •-ire - p Amending Regulations for Accessory B-;gs, Including Acces o „Dwelling Units (Zoning Ordinance Amendment 19-003)" 1.9 Approval of Agreement with Landscape Plan Check and I F. Hoyt L n Services Councilmember Mullin commentri service and requested that staff ma the Director of Dev A,;, a .s, ices B service requir;: is and , tall curry that the contract. options both ren rchitecture, Ini;/ for as -needed ck rega the contractor's prior customer t requir 1.10 Acce the Fi Asph nts stricter. t the contract contains customer onitors' • 7•rmance. In addition, he stated or termination of the contract if necessary. 020 Z } 3 Street Maintenance Project; Bid No. 18- outh, In /4,o7, m ete 1.11 A - fiance of Facie;Pain t ' 019-20; Bid No. 20-002 19-060; titled "A Resolution of the City Council of the City of Real Property at the West End of Danes Road lying within ap 2774-1, Map No. 6614" 1.12 Adoptio4Resolution Poway,e rnia Acce County of Sskego Trac 1.13 Approval of Final,jentative Tract Map 17-003; Navak LLC, Applicant (APN: 317- 534-20) 2. ORDINANCE None. 3. PUBLIC HEARING 3.1 Tentative Tract Map (TTM) 19-005/Development Review (DR) 19-004; a proposed mixed- use development consisting of 141 multi -family residential units and approximately 584 square feet of commercial space 4 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 Mayor opened the public hearing at 7:30 p.m. Senior Planner Austin Silva presented the report along with a slideshow presentation and stated that on March 19, 2019, City Council approved a Purchase, Sale and Development Agreement with Poway Commons, LLC, for seven City and Housing Authority -owned parcels and three privately -owned parcels west of Civic Center Drive and Tarascan Drive on both sides of Poway Road within the Town Center District of the Poway Road Specific Plan (PRSP). Mr. Silva stated that the proposed project consists of 141 multi -family residential units, including 44 senior -affordable units and approximately 584 square feet of commercial space. The project has been designed to b onsistent with the Town Center standards and development regulations contained in l/'l RSP and contains community benefits, parks, open space and public street impr nts including improvements to a City -owned lot for a public plaza/gathering area a west corner of Poway Road and Civic Center Drive. In addition, Mr. Silva expla tha/ adopted State Density Bonus requirements, the City is required to grant because the project includes greater th. households. Mr. Silva further explai :/ requirement is justifiable due to the pr. parking. Guy Asaro, President and C project and thanked City staff f e concess percent of th at an 11.4 percen to public transport of development standards etai units for lower-income Vd eridian D d work on uction in the parking and nearby street ment presented an 'overview of the roject. Mr. Asaro then introduced Da Architecture. Mr. i:z"h hihli ,: ! g located near th e additi project. Prin of McCullough Landscape ments to the triangular areaeim•-:-r- necity proposed throughout the Next, Mr. Asaro in regar oss, Pater of Meridian Communities. Mr. Ross spoke jmects '" discussed the proposed building types to L=' ; / Mr. Asaro ini '`'s , ced Hoffman, representing Chelsea Investment Corporation. Ms. Eg an spoke re o -• ing thancing for the senior -affordable housing portion of the project. Speakers in'1' /port: Ken bo, Peter De Hoff, Jim Seifert, Keith Soares, Mary Kathawa, David Pudgil, ,I Ha end Nick Clemens, Ian Pelligrini, Brian Clemmens and Marcos Villalobos. Speakers in opposition: Jennifer Urena, Adrienne Wilson, Harlan Malone, Joe St. Lucas, Roberta Tozier, Chris Olps, Dee Fleischman, Kathy Catus, Sara Curry and Lynette Perkes. Neutral speaker: Torrey Powers. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to close the public hearing at 8:43 p.m. Motion carried unanimously. 5 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 Council discussion ensued in support of the project highlighting the walkability, the veterans - preference for senior -affordable housing units, and access to dining and Community Park. Council concurred that the project meets the vision of the Poway Road Specific Plan. Director of Development Services Bob Manis clarified that the material for the retaining wall can be included as a condition of approval. In response to Council inquiry, President and CEO of Meridian Development Guy Asaro addressed the parking concern and explained that the homes will be constructed to allow space for storage and that the Home Owners Association (HOA) will require the two -car garages be used to park cars. Motioned by Councilmember Leonard, secondeesNo. P-19-16 entitled "A Resolution of the City Approving Tentative Tract Map 19-005 and Use Development Project within the P Assessor Parcel Numbers: 317-101- 19, 317-472-20, 317-472-23, 317-47 Motion carried unanimously. 3.2 Tentative Parcel Map 19-001; 13424 Olive Tree Lane in the r.,,zf c ayor Vaus to adopt Resolution f the City of Poway, California, moo " Review 19-004 for a Mixed - ow oad Spec 7, " Ian, Town Center District 0 • , %'-472-01 ' 317 - ' 6, 317-472-18, 317-472- X317-472-25, 317 26 And 317-472-12." equest for tial Single Mayor opened the public hearing, %.•2% Associate Planner No speakers. Motioned by Cou the p `;. ,;;ring a Two -Lot Subs ion Located at 7 (RS -7) Zone ned by 19-17 entitle App - g Tentativ Motion* ied unanim along a slideshow presentation. onard, bonded by Deputy Mayor Grosch to close ion ca i d unanimously. au,conded / • uncilmember Mullin to adopt Resolution Res n of the City Council of the City of Poway, California, rcel " ti"; 19-001, Assessor's Parcel Number 323-190-51." 4. STAFF REPORT 4.1 Fiscal Year 2018(% "' JI Fund Financial Performance Director of Finance Aaron Beanan presented the report along with a slideshow presentation. Mr. Beanan summarized the FY 2018-19 General Fund financial performance that included a revenue surplus of $1.33 million and $7.7 million of unassigned fund balance. No speakers. Council received and filed the report. No action was taken. 6 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 4.2 Adoption of Resolutions Authorizing the City Manager to Execute, on Behalf of the City of Poway, a Memorandum of Understanding, Effective July 1, 2019, through June 30, 2021, between the City and the Non -Safety Employees Bargaining Group (Teamsters Local 911) Incorporating the Terms of the Tentative Agreement and Appropriating Funds in FY 2019- 20 Director of Human Resources/Risk Management Jodene Dunphy presented the report along with a slideshow presentation regarding the Tentative Agreement between the City and the Non -Safety Employees represented by Teamsters Local 911. Ms. Dunphy highlighted portions of the agreement which includes one-time stipends in the amount of 3,000 in FY 2019-20 and $2,000 in FY 2020-21; increas->• benefit day hours from 16 to 18 hours; and additional one-time paid holidays on Dec 26, 2019 and December 24, 2020. Ms. Dunphy further explained that there will 1/ ary range adjustments to certain utilities classifications contingent upon water and to setting process. No speakers. Motioned by Mayor Vaus, seconded No. 19- 061 entitled "A Resolution of Authorizing the execution of a two-year City of Poway and the Non -Safety Bargai Local 911) for the period of _' 2019 thro 19-062 entitled "A Resoluti • e. ,;;;, City Co Appropriating Funds in Fisca 1 Tentative Agreement with the Teamsters Local 9 " uty Mayor Gro ity Council of the C orand : of Under 5. WORKSHOP None. 20 to i Barga adopt 1) Resolution Poway, California, ing between the ployees (C nia Teamsters 30, 2021" and f` n esolution No. of the City of Poway, California, ent the Financial Terms of the Unit Employees (California 6. MAYOR UN A/TEE4FEMS The =pJ and Council an ements arreported on various events taking place in the City. No f . n was takenpdditionn*. Councilmember Mullin presented Project Ho Ho Ho, displaying •` d> •s of the eve exp e;; i.ng appreciation to Susie Mullin and City staff for their efforts to fulfill' ym , es of milita i milies in need. Barry Leonard and Grosq 6.1 Community Park %))/ /and Needs Assessment Deputy Mayor Grosch and Councilmember Leonard presented the item and requested Council concurrence for staff to research and prepare options regarding a usage and needs assessment for Community Park. Additionally, Deputy Mayor Grosch stated that the last needs assessment was conducted in 2007 and, given the number of capital improvement projects and proposed private developments in the area, a new assessment would be appropriate. 7 of 8 January 21, 2020, Item #2 City of Poway — Minutes — December 17, 2019 Council directed staff to explore a scope of work that incudes an assessment of the usage of existing amenities; additional recreational activities/amenities not currently available at Community Park including play equipment specially designed for children with disabilities; future parking needs and drive-through access; and review of the City's current maintenance (facilities and landscape) costs. Steve Vaus 6.2 Consideration of Bill Credits for Water Fixed Charges and Explore Feasibility of Bill Credits for Water Commodity Charges Mayor Vaus presented the item in response to the Prec by the State and stated that the City's emergency re to water customers. ary Boil Water Advisory issued could be used to fund bill credits Council concurred to direct staff to calcul •one -ti =,,; j• ter fixed charge bill credit equal to 1/8th of a customer's normae charge a r/Z ring back the credit for Council approval as soon as admini ! - ly possible; an ; lore the feasibility of calculating a one-time water commo. harge credit durin• j'eriod in which the Precautionary Boil Water Advisory wa 4; ffect an , . resent t a dings to the City Council for consideration as soon as adnl rat' 4 • ossible. j w iCOUNCILMEMBERCOMMITTEEN S - Pursua 7 AB1234 — G.C. §53232.3(d) Councilmember Leonard spoke regards nD ng spec : eeting of the San Diego County erWaterAuthoritythatwilli a discuss' ith t,,""" eral Ma of the Metropolitan Water District. 7. CITY MANAGER IT None. ADJOURNMp°r,, The meeting adjour"; /at 10:0 Faviola Medina, CMC City Clerk City of Poway, California 8 of 8 January 21, 2020, Item #2 city of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City C uncil FROM: Eric Heidemann, Director of Public Works CONTACT: Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations 858) 668-4705 or pryan@poway.org SUBJECT: Award of Agreement to NV5 for Safety Consultant Services, RFP No. 20-007 Summary: 1 A notice inviting proposals for Safety Consulting Services was duly advertised on September 5, 2019. Three proposals were received on October 31, 2019. NV5, a California corporation, has been selected as the firm that best meets the evaluation criteria and suits the needs of the City. NV5 has worked extensively with public and private agencies in California and specializes in safety consulting, training and industrial hygiene services. The first term of the Agreement is for two years beginning January 1, 2020, through December 31, 2022. The Agreement may be extended subject to Council appropriation of funds for a total of three separate one-year term extensions. The maximum length of the Agreement would be up to five years. Recommended Action: It is recommended that the City Council award the Agreement for Safety Consultant Services, RFP No. 20-007, to NV5 and authorize the City Manager to execute the necessary documents. Discussion: The City's day-to-day operations must comply with numerous federal and state safety laws and regulations. The scope of work that must be undertaken to ensure compliance with these requirements is diverse and often requires the assistance of technical consultants with specialized education, certifications and experience. Due to the varied and time -sensitive nature of the work, City staff seeks the retention of a qualified safety consultant that will be available to respond to critical safety projects. On September 5, 2019, staff advertised a Request for Proposal (RFP) for as -needed safety consultant services through the City's online bid portal and advertised the RFP in the Poway News Chieftain. The categories of requested services under the RFP included: Prepare or update written safety programs; Job task safety analysis to conduct job hazard analyses; General safety reviews to comply with Occupational Safety and Health Administration OSHA); Hazard communication plan reviews and updates; Facility inspections and trainings; and Water treatment plant regulatory compliance. 1 of 21 January 21, 2020, Item #3 Responses to the RFP were received from three firms. Responses were evaluated in accordance with the qualification -based criteria to determine the highest ranked proposals. The evaluation criteria included firm qualifications, prior experience performing similar work, scope of service capabilities and the reasonableness of the fee schedule submitted for safety consulting work. After initially reviewing proposals, staff removed the water treatment task items from the proposed Agreement as a result of the firms' experience not matching operational needs. Staff is in the process of conducting a separate solicitation for these services. Based on the remaining scope of services and respective firm's capabilities, NV5 was determined to best meet the service requirements of the RFP and is being recommended for selection. The hourly rates and the position classifications for each firm listed in the table below are assumed comparable position rates between consultants: Consultant Firm Principal Senior Specialist/Training Professional Specialist/ Technician NV5 215 145 70 G&G Risk Management Consultants Inc. 105 105 105 Advanced Chemical Transport, Inc. 150 120 95 While NV5's hourly rates are the highest among the of proposals received, NV5's proposal was the highest ranked during the RFP evaluation process. NV5 was selected due to their extensive knowledge in safety, compliance, and industrial hygiene. In addition, NV5's references and past project experience best demonstrated that it could successfully complete the safety consultant service work provided by the City. NV5 is located in San Diego, less than 10 miles from City facilities. NV5 is a leading provider of engineering and consulting services in energy, construction quality assurance, infrastructure, program management, environmental services and has worked extensively with public and private agencies in California. Under the Agreement, NV5 will assist in creating new and/or reviewing and modifying existing programs, conducting work place safety training and general program management consulting. The length of the initial Agreement is two years beginning February 1, 2020, through December 31, 2022, with options to extend the Agreement for three separate one-year term extensions, subject to Council appropriation of funds. The maximum length of the Agreement would be up to five years. Approving the Agreement will further enhance the City's culture of safety, identify required and targeted safety training, and incorporate best practices and procedures into on-going safety efforts. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Sufficient funds are available in the Fiscal Year 2019-20 Budget (412040-41200, 413010-41200, 414040-41200, 415010-41200,420040-41200) for as -needed services. Amounts for subsequent years will be included in the annual budget process for Council's consideration. Public Notification: None. 2 of 21 January 21, 2020, Item #3 Attachments: A. Agreement with NV5 Reviewed/Approved By: Reviewed By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 3 of 21 Approved By: Chri Haze City Manager January 21, 2020, Item #3 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of February, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and NV5, a California Corporation hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private Consultant to perform as - needed safety consulting services for the City (Project); and WHEREAS, Consultant has special knowledge, experience, facilities and Consultant has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described 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 contracting 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. 4 of 21 ATTACHMENT A January 21, 2020, Item #3 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as Consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant 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. 5of21 January 21, 2020, Item #3 Consultant" means an individual who, pursuant to a contract with a state or local agency: A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1. Consultant/Consultant will not be "making a government decision" or serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Consultant will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Consultant shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6of21 January 21, 2020, Item #3 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent consultant and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 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, Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -Consultants or employees. b) For Claims alleged to arise from Consultant's negligent performance of professional services, Indemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -Consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 7of21 January 21, 2020, Item #3 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 Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: a) Consultant hereby assumes the risk of any and all injury and damage to the personnel including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 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. 8of21 January 21, 2020, Item #3 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. Consultant hereby certifies that all persons providing services to City by Consultant are not current members of the California Public Employees' Retirement System (CaIPERS) and shall not become members of CaIPERS while providing services to City. 9of21 January 21, 2020, Item #3 Consultant further provides that in the event Consultant assigns a retired annuitant receiving a pension benefit from CaIPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Consultant hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CaIPERS in the event CaIPERS determines the person assigned by Consultant to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. Remainder of page intentionally left blank) 10of21 January 21, 2020, Item #3 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY NV5 By: By: Chris Hazeltine, City Manager Name, Title Date: ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: Alan Fenstermacher, City Attorney 11 of 21 Date: January 21, 2020, Item #3 SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform contracting services as required by City, which shall consist of the as -needed safety consulting services further described in the Scope of Services submitted with the proposals dated October 3, 2019, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated October 3, 2019, which are included in this document as Attachment 2. Total fee is not to exceed $100,000. 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 contracting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty -Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing Febuary 1, 2020, and ending December 30, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: a) Comprehensive General Liability, including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 21 1 January 21, 2020, Item #3 b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit. d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." b) Notice. Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." c) Primary Coverage. The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 13 of 21 City of Poway P.O. Box 789 Poway, CA 92074 NV5 15092 Avenue of Science, Ste. 200 San Diego, CA 92128 January 21, 2020, Item #3 EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 7522.56. Provisions applicable to person 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) 1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12 -month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 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. 14of21 January 21, 2020, Item #3 2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. 2) A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. 3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 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. 15of21 January 21, 2020, Item #3 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 I1 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 (0(1) and (0(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 (0(4); and (3) "Judges' Retirement System" for Judges' Retirement System I" in subd (i). 16of21 January 21, 2020, Item #3 ATTACHMENT 1 PROJECT DESCRIPTION/SPECIFICATIONS The scope of work for this contract will vary as the need arises and will be at the discretion of the City. Assigned work will be on a task order basis. The Consultant may be selected to perform the following services: 1. Written Safety Programs The City has written safety programs unique to each group. The Consultant will be provided copies of all written programs and shall review the City's written programs and identify any items that will require updates due to changes in regulation or any missing elements of a successful, sustainable safety programs. Potential tasks include: 1 Review Public Works written safety programs to ensure compliance with Cal - OSHA regulations and update as needed. 2. Recommend new written safety programs for Public Works and prepare upon request. 3. Updates, new programs, and binders to be provided in paper and electronic format. 4. Edit written safety programs, as needed, to incorporate findings of the Job Hazard Analysis and PPE Assessments. 5. Prepare a Quick Reference Document for each written program, summarizing the changes in the revision and basic description of the program (e.g., key points, what training or authorization is necessary, where necessary equipment is stored, etc.) 6. Provide overview training on written program updates, upon request. 7. Recommend written safety programs that are applicable to other City departments. 8. Existing written safety programs requiring review and possible updating: i. Ergonomic Program ii. Bloodborne Pathogens iii. Confined Space Entry iv. Medical and First Aid v. Respiratory Protection vi. Hazard Communication and SDS vii. HAZWOPER viii. Powered Industrial Truck -Forklift ix. Mobile Equipment -Crane x. Hazardous Energy Control (including Lockout/Tag-out and Electrical Safety elements) xi. Heat Illness Prevention xii. Excavation Safety (including Trenching and Shoring elements) xiii. Fall Protection xiv. Machine Guarding 2. Job Task Safety Analysis 1. Review completed Job Task Safety Analysis of selected divisions. Job Safety Analysis to be performed by an industrial hygienist. Analysis to include: i. Review, observation, and evaluation of operations and individual responsibilities. ii. Interview supervisors and management, answer safety-related questions, review operations and compliance history. iii. Make recommendations on area deficiencies. 17of21 January 21, 2020, Item #3 ATTACHMENT 1 2. Determine operational deficiencies and shortfalls, if any, in the Department's methods and procedures of work activity as it relates to safety programs, compliance monitoring, efficiency of operation as it relates to safety, reporting and recordkeeping. 3. Provide recommendations and prepare a written report of the findings. 4. Evaluate existing safety/loss control programs and other pertinent information which will lead to practical loss prevention recommendations. 5. Provide recommended action to properly train supervisors to implement and manage a successful loss prevention program. Recommendations should include, but not limited to: i. Enhancement of accident prevention; ii. Employee safety; iii. Motivation; iv. Communication; and v. Accident investigation and reporting 6. Prepare written report after each survey identifying hazards, evaluating the effectiveness of the current programs and recommending practical corrective action for implementation. Subsequent reports should monitor the implementation of recommendations and their effectiveness. i. Each report should contain an executive summary highlighting the primary recommendations, trends or serious conditions which require immediate attention. 3. Job Hazard Analysis 1. Per GISO Title 8, Division 1, Chapter 4, Section 3380 Personal Protective Devices, conduct a Job Hazard Analysis for Personal Protective Equipment Assessment of selected jobs and activities. 2. Conduct a walk-through survey of job/task to note presence of any hazards, sources, and body parts at risk. 3. Develop and complete a Hazard Assessment and Job Hazard Analysis Matrix Table to assign a risk priority to the hazard. 4. Make written reports/recommendations that would reduce employee exposure to a hazard by first implementing engineering, work practice, and/or administrative controls. i. Recommend courses of action(s) needed to control hazard(s) and when PPE is recommended, appropriately match PPE to the hazard in order to provide effective protection, durability, and proper fit to the worker. 5. Provide all data, reports, and incorporate findings into written accident prevention programs. 6. Provide letter certifying completion of the Job Hazard Analysis and PPE Assessment. 7. Review, maintain and ensure medical evaluations have been performed for required personnel. 4. Hazard Communication Plan 1. Maintain Department's Safety Data Sheet (SDS) inventory and online database. The process includes collecting new SDS information from Public Works quarterly, updating database, bringing updated SDS pages to Public Works quarterly to update Department's SDS online database. 18of21 January 21, 2020, Item #3 ATTACHMENT 1 2. Conduct annual audit and update of chemical inventory database. Keep the database current and make it available to Public Works, both on paper and electronically. 3. Conduct a one-hour on-site training for Public Works employees annually regarding Hazard Communication and the Department's SDS process. 4. Review and update up to 15 Hazardous Materials Business Plans annually and submit the documentation to San Diego County by deadlines. 5. Facility Inspections Annual inspections will be conducted at up to five City facilities. The inspection results will be documented as a report and delivered to the safety program administrator. Upon request, facility inspections may be required at public City buildings, and or pump stations for a variety of purposes having to do with Cal OSHA standards. Consultant may be selected to do the following: Assist with biannual inspection with the County Department of Environmental Health at City facilities. 1. Make proactive recommendations of new programs and policies to meet OSHA compliance. 2. Perform annual safety audits and documentation updates. 3. Perform safety assessment for facilities, as needed. Provide general advisory services. 4. Conduct environmental and safety audits of facilities, as needed. 6. Training Consultant shall conduct training to meet all of the applicable requirements of the laws, rules and Federal and CaIOSHA regulations or guidelines. This includes requirements for the training professional to be licensed and/or certified to provide the specific training, if applicable. Training will be provided to certain City employees in accordance with the City's safety programs and in compliance with all federal, state, and local laws and regulations. Training subject matter may include but is not limited to: Drivers Safety Emergency Action Plan Hazardous Waste Management Hazardous Waste Operations and Emergency response Hot Work (e.g., welding) Injury and Illness Prevention 7. Project Management and Quality Control 1. Conduct kick-off meeting at the City with the Public Works safety program administrator, managers, and supervisors. 2. Conduct quarterly on-site meetings with supervisors to review written safety programs, answer safety-related questions, and advise on proper safeguards to protect employees, the public and physical assets. 3. Conduct as -needed on-site meetings and work projects that include but are not limited to: i. Internal progress meetings to summarize project status, share information and gain concurrence on key project issues; ii. Quarterly on-site meetings with supervisors and safety program administrator; iii. Inspections and documentation reports at the water treatment plant; iv. Quarterly SDS binder updates; 19 of 21 January 21, 2020, Item #3 v. Annual chemical inventory; and vi. Annual update of hazardous materials business plans. 4. Prepare and submit meeting agendas and meeting notes for quarterly meetings with supervisors. 5. Manage record-keeping processes. 6. Monitor project budget and schedule(s) and provide a summary of work performed with each invoice. 20of21 January 21, 2020, Item #3 Position rn Principal Senior Project Manager Project Manager Senior III Senior II Senior I MAIII M° $225.0 rM1"1"In 322.50 315. 00 292.50 285.00 270.00 255.00 247.50 Qvertime. Rate 215.00 210.00 195.00 190.00 180.00 170.00 165.00SeniorIndustrialHygieneConsultant` Industrial Hygiene Consultant 11111.1111111111111 Senior Training Professional Training Professional. Staff III Staff 11111111111111111.11111111111111111111 Staff I Financia na yst Financial Analyst II Associate III Associate I Illssociate frechnician III echnician II Technician I Safety Monitor III Safety Monitor II Safety Monitor. Technical Writer.. Project Assistan Administrative I Intern 711:-1Y1'i'T'',L7rf "i { 155.040111Wit $232.50 170.00 $255.00 145.00 111111WP 160.00-: 111111 $155.00 MEM:: 145.00 ATTACHMENT 2 SAFETY CONSULTING SERVICES N V 5 7700 130.00 _ 120.00 115.00 90.00 217.5 240.00 232.50 217.50 N/A 111111111 N/A tz` 195.01111111 180.00. 172.50 135.00' r1. ? 85.041101010 127.5 70.00 140.0 1Un On 120.00 110.00 85.00 51.00 51.0 105.00 195.00 180. 165.00 N/ N/A rN CITY OF POWAY I RFP 20007 January 21, 2020, Item #3 City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Robert Manis, Director of Development Services CONTACT: Jeff Beers, Special Projects Enginee 858) 668-4624 or jbeers(c poway.orc SUBJECT: Acceptance of the Fiscal Year 2019-2020 Citywide Striping Project; Bid No. 18021 with Statewide Stripes, Inc. as Complete Summary: On June 18, 2019, the City Council awarded the contract for the extension of the Fiscal Year 2018-2019 Citywide Striping Project to Statewide Stripes, Inc. for Fiscal Year 2019-2020 in the amount of $243,990.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council: 1) Accept the Fiscal Year 2019-2020 Citywide Striping 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 $12,199.50, if unencumbered, 45 days after City Council acceptance; 4) Release the Merchants Bonding Company Bond for Material and Labor in the amount of $243,990.00 after the release of retention; and 5) Retain the Merchants Bonding Company Bond for Faithful Performance for a period of one year. Discussion: The Fiscal Year 2019-2020 Citywide Striping Project included replacement of traffic striping, thermoplastic legends, and markings and refreshing of painted curbs within street maintenance Zone 3. It also included refreshing of existing striping and painted curbs in Zones 4, 6 and 8 and selected streets in Zone 2. There were no Change Orders. The final contract amount is $243,990.00. As stated in the contract in Section 4-2 of the Special Provisions, this is an annual as -needed contract. This action accepts the 2019-2020 Citywide Striping Project as complete, however the contract will remain in force and open until June 30, 2020 to complete additional as -needed work. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. 1 of 2 January 21, 2020, Item #4 Fiscal Impact: The Fiscal Year 2019-2020 Citywide Striping Project was completed within the amount budgeted. There is sufficient funding available to release the retention in the amount of 12,199.50 (411040-43300). After the release of retention, there will be a balance of $56,010.00 remaining. Public Notification: None. Attachments: None. Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Ch Assistant City Manager City Attorney 2 of 2 City Manager January 21, 2020, Item #4 City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Aaron Beanan, Director of Finance A9 CONTACT: Brad Rosen, IT Manager 858) 668-4452 or brosenpoway.org SUBJECT: Award of Contract to Kyocera Document Solutions West for Copier Purchase and Services, RFP No. 20-012 Summary: The City issued a Request for Proposals (RFP) in October 2019 for multifunction copiers with the best features and lowest total ownership cost. The acquisition and maintenance of multifunction copiers for all City locations will provide improved reliability, better user interface, and current technology. Recommended Action: It is recommended that the City Council award the contract to Kyocera Document Solutions West for Copier Purchase and Services, RFP No. 20-012; and authorize the City Manager to execute the necessary documents. Discussion: The existing 17 multifunction copiers in the City are over seven years old and are no longer under a long-term maintenance contract. The City initially intended to replace seven (7) of the multifunction devices this year as they have had ongoing issues requiring service and down time. Since the preparation of the FY 2019-20 budget, the City has seen increased failures on most devices and determined that all mutifunction copiers have reached end -of -life and should be replaced. Additionally, the City recommends standardizing on the same hardware models for ease of management and support. The City received 11 proposals in response to the Request for Proposals (RFP). The information Technology (IT) Division evaluated the proposals based on three- and five-year total cost of purchase and operation; service quality; equipment design; application integrations; management tools; and user interface. The recommended vendor provides for the most cost-effective solution that meets all of the evaluation factors. Award of the contract to Kyocera Document Solutions West for the purchase and maintenance of multifunction copiers will provide the City the most cost-effective copy/print/scan/fax solution as well as up-to-date technology. The IT Division selected Kyocera multifunction copiers based on: hardware specifications with longer time between service intervals; better scan quality; enhanced software integration options; friendlier user interface; and better management tools. The City performed reference checks with other agencies in the region who have purchased devices and 1 of 16 January 21, 2020, Item #5 receive maintence from Kyocera Document Solutions West. All references were satisfied with their Kyocera equipment and services. The maintenance agreement will be for three (3) years with the ability to extend by one-year increments for up to two (2) additional years and is all inclusive per the attached purchase agreement. The agreement includes removal of the existing multifunction copiers; installation of new devices; networking; training; support; and consumables (toner, staples). The new fleet of copiers will facilitate the elimination of some existing color printers and associated costs to the city; reduction of print outsourcing because print quality and reliability are improved; improved environmental characteristics such as reduced waste; and longer service life, which will reduce costs to the city. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total cost of the hardware purchase, installation, networking, training and removal of existing hardware is $121,765.62. The adopted FY 2019-20 Budget includes $57,750 (115010-61210) for this purpose as IT originally intended to replace seven of the multifunction devices. As discussed, staff recommends replacing all 17 multifunction devices now. Therefore, Council approval of staff's recommendation would result in an additional appropriation of $64,016 from the Capital Replacement Fund Balance (F6110-89010). Sufficient funds are available in the Capital Replacement Fund Balance for this request. Ongoing maintenance costs based on multifunction copier use are budgeted yearly in the General Support Services operating budget (114010-43180). As part of an asset management strategy, rent for the replacement of this equipment will be included in future years' budgets. Public Notification: None. Attachments: A. Agreement with Kyocera Document Solutions West Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 2 of 16 Chr H City Manager January 21, 2020, Item #5 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 22nd day of January, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and Kyocera Document Solutions West hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform Copier Removal, Installation and Maintenance for the Copier Purchase and Services Project; and WHEREAS, Consultant is a(n) official Kyocera authorized dealer and service provider 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. 1 3 of 16 ATTACHMENT A January 21, 2020, Item #5 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant 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 16 2 January 21, 2020, Item #5 Consultant" means an individual who, pursuant to a contract with a state or local agency: A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: 1. Consultant/Contractor will not be "making a government decision" or serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of 16 3 January 21, 2020, Item #5 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, Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees. b) For Claims alleged to arise from Consultant's negligent performance of professional services, Indemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless Indemnitees from and against, any and all Claims that Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub -consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to Indemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 6 of 16 4 January 21, 2020, Item #5 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 Indemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: a) Consultant hereby assumes the risk of any and all injury and damage to the personnel including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the Indemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 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 16 5 January 21, 2020, Item #5 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 (CaIPERS) and shall not become members of CaIPERS while providing services to City. 8 of 16 6 January 21, 2020, Item #5 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CaIPERS 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 CaIPERS in the event CaIPERS 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. 9 of 16 Remainder of page intentionally left blank) 7 January 21, 2020, Item #5 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY CONSULTANT By: By: Chris Hazeltine, City Manager Michael Graves, Vice President Operations Kyocera Document Solutions West Date: ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By: Alan Fenstermacher, City Attorney 10 of 16 8 Date: January 21, 2020, Item #5 SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform services as required by City, which shall consist of the removal of old copiers and the delivery and installation of new copiers. Consultant also agrees to perform copier service/maintenance, and provide toner, supplies and consumables (paper excluded) for all machines purchased from Consultant as described in the RFP response dated November 22, 2019, which is included in this document as Attachment 1. The RFP response will be 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 Proposal & Investment Plan dated December 30, 2019, which is included in this document as Attachment 2. Total fee for purchase and installation of copiers is not to exceed $121,765.62. City shall pay Consultant for ongoing service and support at a fee of $0.004 per black and white copy, and $0.035 per color copy. Contingent upon the execution of two additional one-year extensions, per copy fees will remain the same for Year 4 and then increase at Year 5 to $0.00428 per black and white copy, and $0.03745 per color copy. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty -Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing January 21, 2020 and ending January 21, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one- year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. 11 of 16 1 January 21, 2020, Item #5 D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: a) Comprehensive General Liability, including premises -operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. b) Automobile Liability, including owned, hired, and non -owned vehicles: $1,000,000 combined single limit. c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 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. 12 of 16 2 January 21, 2020, Item #5 E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Consultant: 13 of 16 3 City of Poway P.O. Box 789 Poway, CA 92074 Kyocera Document Solutions West 14101 Alton Parkway Irvine, CA 92618 January 21, 2020, Item #5 EXHIBIT "B" Cal Gov Code § 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 7522.56. Provisions applicable to person 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) 14 of 16 1)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12 -month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1 January 21, 2020, Item #5 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: 15 of 16 1)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. 2) A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointtnent 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 January 21, 2020, Item #5 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 Il who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 ¢ 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note— Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (0(1) and (0(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 (0(4); and (3) "Judges' Retirement System" for Judges' Retirement System I" in subd (i). 16 of 16 January 21, 2020, Item #5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT January 21, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk (858)668-4535 or fmedina@poway.org Second Reading and Adoption of Ordinance No. 838 entitled "An Ordinance of the City of Poway, California, Approving Specific Plan Amendment 19-001 to the South Poway Specific Plan to Allow Self-Storage Buildings to Contain a Maximum of Three Stories Within the Existing Height Allowance" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on January 7, 2020. All Councilmembers were present. There were six speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED: MULLIN, LEONARD, GROSCH, FRANK, VAUS NONE NONE NONE NONE Recommended Action: It is recommended that the City Council adopt Ordinance No. 838. Fiscal Impact: None. Environmental Review: The adoption of the proposed Ordinance is not a "project" that is subject to CEQA review because it will not result in direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification: A public hearing summary notice was published in the Poway News Chieftain on Thursday, December 26, 2019. A second summary notice will be published in the same publication on 1 of 4 January 21, 2020, Item #6 January 21, 2020, Item #6 Thursday, January 30 , 2020. A certified copy of this Ordinance will also be posted in the Office of the City Clerk in accordance with Government Code section 36933. Attachment: A. Ordinance No. 838 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 4 Reviewed By: Alan Fenstermacher City Attorney ORDINANCE NO. 838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 19-001 TO THE SOUTH POWAY SPECIFIC PLAN TO ALLOW SELF -STORAGE BUILDINGS TO CONTAIN A MAXIMUM OF THREE STORIES WITHIN THE EXISTING HEIGHT ALLOWANCE WHEREAS, Chapter 17.47 (Specific Plan Regulations) of Title 17 (Zoning Development Code) of the Poway Municipal Code provides the requirements for the initiation, preparation, and adoption of Specific Plans in accordance with Section 65450, et seq. of the California Government Code (Article 8, Specific Plan); WHEREAS, Specific Plan Amendment (SPA) 19-001, in association with Development Review (DR) 19-003, is proposed to allow self -storage buildings to contain a maximum of three stories within the existing height allowance; WHEREAS, on January 7, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both in favor and against SPA19-001; 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, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the South Poway Specific Plan SPSP), and was certified on July 30, 1985, and the Final Subsequent EIR was certified on July 26, 1988. The SPSP EIR analyzed the potential impacts of the proposed build out of the SPSP area in the manner permitted by the SPSP. The proposed SPA is consistent with the SPSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Chapter 10, Section VIII of the SPSP, no further environmental analysis is required because the project's impacts have already been analyzed and are fully covered by the previously certified EIR. The increase in the allowed number of stories from two to three within the existing maximum height requirements for self -storage buildings does not impact the aesthetics because the allowed building heights will remain the same. Additionally, there are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. SECTION 3: The City Council hereby approves this Ordinance (SPA19-001), in association with DR19-003, and amends certain sections of the SPSP as specified below. Removals are indicated with strikethroughs and additions are indicated with underline. SECTION 4: Chapter 3, Section IV, Subsection A, Item 3(f) of the SPSP Volume 2 shall be amended as follows: 3. Height [Excerpt only] f. The maximum height of a public storage structure shall not exceed 35 feet. No more than three stories shall be contained within the 35 -foot height limit. 3 of 4 January 21, 2020, Item #6 SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 6: This Ordinance shall be codified. SECTION 7: All references to the Government Code are inclusive of any amendments that may occur following adoption of this Ordinance. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of January, 2020, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of January, 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4 of 4 January 21, 2020, Item #6 City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Robert J. Manis, Director of Development Services CONTACT: Scott Nespor, Associate Planner A 858-668-4656 or snespor(a poway.orq SUBJECT: Summary: Minor Conditional Use Permit 19-003; a request to construct an automotive inventory storage lot at 13715 Poway Road for the Poway Honda Dealership This action is a Minor Conditional Use Permit (MCUP) request to construct 0.79 -acre automotive inventory storage lot at 13715 Poway Road for the Poway Honda dealership located across Gate Drive at 13747 Poway Road. The existing dealership showroom and service center will remain at their current location. There is no proposal to modify the operations of their current facility as part of this application. The site is located on the southwest corner of Poway Road and Gate Drive in the Automotive General Commercial (AGC) district of the Poway Road Specific Plan PRSP). Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: The 0.79 acre project site is located at 13715 Poway Road. Currently, the site consists of two commercial buildings (a two-story multi -office building and a one-story restaurant building). There are three entrances to the site (two on Poway Road and one on Gate Drive). The site will be developed into a new car inventory lot for Poway Honda with approximately 106 inventory spaces. The existing Poway Honda dealership and service center, which is owned by Sonic Automotive, operates under MCUP99-03, which was last amended on February 5, 2002, and is proposed to be modified to incorporate the additional inventory lot. The properties to the south are zoned Residential Single Family -7 (RS -7). The three residences directly south of the site are used as residential care facilities. The Poway Toyota dealership is located to the west. The current Poway Honda dealership is located across Gate Drive, to the east. The Lowe's Home Improvement Center is located across Poway Road, to the north. Attachment B is a location/zoning map. As part of this proposal, the main access will be from Poway Road on the northwest corner of the site, via a 30 -foot -wide driveway. The other entrance will be an 18 -foot -wide driveway, located on the east side of the property, on Gate Drive. This entrance will be roughly across the street from an existing driveway onto the Poway Honda dealership site. Site improvements consist of 1 of 31 January 21, 2020, Item #7 demolishing the two existing commercial structures, installing new pavement, removal of the existing second driveway on Poway Road (the one closest to the Gate Drive intersection), landscaping along the 10 -foot front yard setback along Poway Road, installation of an eight -foot - high wall along the south side that separates the commercial and residential land uses, and landscaping along the wall (Attachment C). An automobile dealership is a permitted use in the AGC zone, which by itself does not require a MCUP. Because the dealership included a service center when originally developed, a MCUP was required. Resolution P-02-06 approving MCUP99-03 is attached (Attachment D). This action is an amendment to the existing MCUP to add this property to the dealership development. The inventory lot is part of a multi -phase expansion that includes remodeling the current showroom, updating the showroom facade and expanding the Service Center. Sonic Automotive has applied for the service center expansion as part of a separate MCUP modification that is currently being reviewed. The front yard setback along Poway Road in the AGC zone is 15 feet. The PRSP allows the landscape area to be reduced if adequate landscape screening is maintained. The proposal will allow a 10 -foot setback to the inventory lot with enhanced landscaping in the setback. The applicant is proposing a hedge that will be required to be maintained at a height of three feet, in addition to street trees along the Poway Road and Gate Drive frontages. Enhanced landscaping to emphasize the corner of the parcel adjacent to the intersection will also be installed. Since the inventory lot will not be used for customer or employee parking and will be exclusively used to store vehicle inventory, parking lot trees will not be required. The applicant is not proposing exterior lighting at the inventory lot, at this time. A condition of approval will require that if lights are added later, the lights will need to meet requirements of the Poway Municipal Code (PMC) that allow the use of conventional lighting sources until 11:00 p.m. after which outdoor lighting must be either turned off or dimmed to appropriate levels. Prior to installation of lights, the applicant will need to provide a lighting study that demonstrates that lighting will not spill onto adjoining properties. To further minimize Tight glare (and noise); an eight - foot high free-standing masonry block wall will be constructed along the residential/commercial zone boundary (south side). Trees will also be planted every 20 feet, along the storage lot side of the wall, to further minimize any light intrusion (and noise) into the adjacent residential lots. The hours of operation specified in the existing MCUP will remain in effect for the Poway Honda dealership and the proposed inventory lot. The Service Center hours are limited to 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 1:00 p.m. on Saturday, and no work on Sundays. Activities related to vehicle sales may occur after 5:00 p.m. on weekdays, after 1:00 p.m. on Saturdays, and on Sundays. Sonic Automotive has stated that all delivery and unloading or loading of new or used vehicles will be made at the City's dealership inventory lot on Kirkham Way (Attachment E). Neighborhood Meeting A neighborhood meeting was held on December 2, 2019, to discuss the proposed project. Neighborhood meeting notices were mailed to 116 property owners and tenants within 500 feet of the auto dealership and proposed inventory lot. One (1) person attended the meeting and expressed concerns on behalf of herself and others related to deliveries, employee parking, test/service driving, and lighting. 2of31 January 21, 2020, Item #7 1. Deliveries continue to occur on Gate Drive. The first issue raised at the neighborhood meeting is that Poway Honda is using Gate Drive to load and unload new and used vehicles. Residents and staff have noted carriers on Gate Drive loading or unloading vehicles. This is a violation of the existing MCUP which specifically prohibits the delivery of vehicles on Gate Drive. The City's Code Compliance Division has issued a Notice of Violation to Poway Honda. Poway Honda has indicated that they believe other dealerships are using Gate Drive despite evidence that it is their dealership. They have stated that they will utilize the off-site Inventory Lot on Kirkham Way for deliveries. The prohibition on Gate Drive deliveries and pick-ups will remain a condition of the MCUP. 2. Employee Parking on Gate Drive. Another concern brought up at the meeting is that employees park on Gate Drive. The MCUP for the dealership does not allow Poway Honda employees to park on Gate Drive. All new employees are to be notified of the parking restriction as part of new employee orientation. Poway Honda has expressed that they will continue to remind employees not to park on Gate Drive and that they have obtained permission to allow employees to park at the Lowe's Home Improvement Center. 3. Test/service driving on residential neighborhood streets including Gate Drive and Fairgate Drive. The City also received a complaint at the neighborhood meeting that Poway Honda employees use neighborhood streets for test/service driving. The MCUP for the dealership does not allow test/service driving on the residential streets. Poway Honda has indicated that they have met with their sales and service staff and courtesy shuttle drivers who were told not to drive in the Gate Drive residential neighborhood. Currently, no left-hand turn signs are installed at the exits from Poway Honda onto Gate Drive and City staff is recommending additional signage as a part of their subsequent expansion under separate permit. 4. Lights have been installed on the south side of the service center building that are directed toward the residential properties to the south. The current MCUP does not allow lights along the southern property line to be directed toward residential areas. Poway Honda has installed lights that face residential properties on the back side of their service center. These lights will need to be removed prior to the issuance of any new permits for the inventory lot. It should be noted that over the years, Code Compliance has received complaints from residents regarding deliveries, employee parking, and test driving. Courtesy letters and notices of violation have been issued to Poway Honda and staff continues to work with them to rectify these issues and keep them in compliance with their MCUP. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this Project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are adequately covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 3 of 31 January 21, 2020, Item #7 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, January 9, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Resolution P-02-06 E. Letter from Sonic Automotive Reviewed/Approved By: Reviewed By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 4of31 Approved By: A[' Chri- aze I City Manager January 21, 2020, Item #7 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 19-003 FOR THE CONSTRUCTION OF AN AUTOMOBILE INVENTORY STORAGE LOT LOCATED AT 13715 POWAY ROAD; ASSESSOR'S PARCEL NUMBER 317-190-42 WHEREAS, the City Council considered Minor Conditional Use Permit (MCUP) 19-003 for a 0.79 -acre automotive inventory storage lot for the Poway Honda dealership (owned by Sonic Automotive) on the south side of Poway Road across Gate Drive from the existing dealership at 13747 Poway Road which modifies MCUP 99-03. The property is located at 13715 Poway Road within the Automotive General Commercial (AGC) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on May 18, 1999, the City Council approved MCUP 99-03 and DR99-06 to construct a 22,550 -square -foot automobile dealership and service center on a 3.63 -acre property located at 13747 Poway Road; WHEREAS, on October 2, 2001, pursuant to Section 17.48.150 of the Poway Municipal Code (PMC), the City Council directed staff to set a public hearing to modify or revoke MCUP 99- 03 due to Poway Honda's failure to comply with the project Conditions of Approval and the requirements of the PMC; WHEREAS, on December 11, 2001, the City Council determined additional project conditions of approval related to MCUP 99-03 and DR 99-06 are necessary to protect the integrity of the adjacent residential neighborhood and requested the applicant to submit a request for a rehearing of MCUP 99-03 and DR 99-06; WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the PMC, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for rehearing; WHEREAS, on February 5, 2002, the City Council held a rehearing of MCUP 99-03 and DR 99-06 and determined that additional project Conditions of Approval were necessary to protect the integrity of the adjacent residential neighborhood; WHEREAS, on January 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against relative to MCUP 19-003; 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this project is consistent with the PRSP 5 of 31 ATTACHMENT A January 21, 2020, Item #7 Resolution No. Page 2 and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8. 2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are adequately covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. A Notice of Determination shall be filed upon approval. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. SECTION 2: The City Council finds the proposed project is consistent with the PRSP, including the AGC land use district. SECTION 3: The findings for MCUP 19-003, in accordance with PMC Section 17.48.070, are made as follows: A. That the project is consistent with the PRSP and the Poway General Plan in that auto repair and service uses are allowed within the AGC district of the PRSP with the approval of a MCUP. The inventory lot will not change the operations of the service center. B. That the location, size, design, and operating characteristics of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, building, structures, or natural resources in that the proposed inventory lot will add a wall adjacent to the residential properties to the south and landscaping improvements along property frontages. C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the automobile service center use is not changing and the proposed inventory lot is located on a site that will be developed in accordance with established City zoning and development guidelines for commercial projects. D. That there are available public facilities, services, and utilities to serve the inventory lot. E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that a number of conditions of approval are required of the automobile service center use of which are intended to minimize the potential for negative impacts on the adjacent residential neighborhood. F. That the generation of traffic will not adversely impact the surrounding streets and is consistent with the City's Transportation Element in that the traffic volumes for the dealership are not increasing due to the additional inventory space and it will not have a significant impact on traffic and will assist with existing parking issues. G. That the site is suitable for the type and intensity of use and development proposed in a designated commercial site designed to comply with all City development standards. H. That there will not be significant harmful effects upon the environmental quality and natural resources in that the site is currently developed with two buildings that will be demolished and an inventory lot will be added in their place. There will be no changes to the existing service center building or its operations. 6 of 31 January 21, 2020, Item #7 Resolution No. Page 3 That there are no other relevant impacts of the proposed use that cannot be mitigated. J. That the proposed location, size, design and operating characteristics of this modification that will add an inventory lot and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity nor be contrary to the adopted General Plan. K. The inventory lot, automobile dealership and service center will be required to comply with all applicable standards and requirements of the Poway Municipal Code. SECTION 4: The City Council hereby approves MCUP19-003 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated January 21, 2020 on file in the Development Services Department, except as noted herein and 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 reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to MCUP 19-003) and any environmental document or decision made pursuant to CEQA. 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. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. B. This approval is based on the existing site conditions and proposed project details represented on the approved plans stamped "Exhibit A," dated January 21, 2020 on file in the Development Services Department. If actual conditions and details vary from representations, the approved plans must be changed to reflect the existing site conditions and proposed project details. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans C. Conditions of Approval listed in Resolution P-02-06 approving MCUP 99-03, DR99-06, are fully incorporated herein by this reference except as modified in this Resolution for MCUP 19-003. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these conditions of approval contained herein as determined by the Director of Development Services. D Prior to issuance of any permit: (1) the applicant shall submit in writing that all conditions 7of31 January 21, 2020, Item #7 Resolution No. Page 4 of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. F The conditions for the project shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. The Minor Conditional Use Permit may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. H. Prior to issuance of the Building Permit to demolish the existing commercial buildings, unless other timing is indicated, the following conditions shall be complied with: Engineering) 1. All spoil materials from footings and foundations shall be legally disposed of off- site or if the material is to remain on-site, the material shall be placed per the requirements of the City grading ordinance. 2. 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. 3. A minimum cash security for erosion control is required. The applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City 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. 4. 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. 5. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 6. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. Please call out the device on the plans. Prior to building permit issuance, a recorded Storm Water Trash Management Facilities Maintenance Agreement, perpetual maintenance of facilities and an easement granted to the City will be required. Acceptable devices can be found at: https://www.waterboards.ca.gov water_issues/programs/stormwater/docs/trash_iiplementation/a1_certified_fcsde vice) ist_05aug 19. pdf. 8 of 31 January 21, 2020, Item #7 Resolution No. Page 5 7 Prior to start of any work within a City -held easement or right-of-way, including demolition work, 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. 8. Improvement plans submitted with appropriate application, fees and securities and prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the Poway Municipal Code shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100% complete at the time of submittal and ready for approval. The plan shall include, at a minimum, the following improvements: a. Improvements to the southwest corner of Poway Road and Gate Drive in order to bring the corner up to ADA compliance. b. Remove the concrete for the existing driveway closest to the southwest corner of Poway Road and Gate Drive and replace with sidewalk and landscape area c. Add an ADA -compliant pathway to the existing/widened driveways (to remain) on Poway Road and Gate Drive. d. References to the landscape improvements shall be completed per the approved landscape within the parkway in the right-of-way shall be on the approved improvement plans. Fire Department) 9. Fire apparatus access drives shall have an unobstructed entrance and exit with an improved width of not less than 20 feet. In most cases, the City of Poway construction standards for streets (Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds unless authorized by the FAHJ and shall be provided with an approved paved surface as to provide all-weather driving capabilities. When deemed necessary in the opinion of the fire code official, a paved driving surface shall mean asphalt or concrete surface. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 10. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key -operated switches overriding all command functions and opening gates. Dual -keyed or dual switches shall be provided to facilitate access by law enforcement. Furthermore, any gate shall meet any and all applicable setback requirements and will require a building permit. 9 of 31 January 21, 2020, Item #7 Resolution No. Page 6 Planning) 11. The developer is required to comply with the Poway Noise Ordinance (PMC Chapter 8.08) requirements that govern construction activity and noise levels. 12. Landscape and irrigation plans shall be submitted and approved. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the Poway Municipal Code (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. The landscape and irrigation plan submittal is separate 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. The plans shall incorporate the following requirements: a. A plant palate shall be selected to include a sufficient number of plants that will provide the effect of a three-foot tall screening hedge or provide a screening hedge. This is required to maintain the less than 15 -foot landscaped setback area. b. A raised landscaped planter to provide a dense landscape screen consisting of 15 -gallon trees, placed 20 feet on -center. This will result in eight trees. c. The landscaping plan shall incorporate a minimum one 15 -gallon tree for every 30 feet of frontage along the public right-of-way, for a total of eight street trees. Appropriate ground cover within the right-of-way shall be provided. d. Special attention shall be given to provide landscaping that enhances the intersection corner. e. The Landscape and Site Plans shall indicate the sight distance restricted areas at intersections. Add a note that no landscape materials over 30 inches in height shall be placed in sight distance restricted areas. 13. Demolition of existing structures shall include investigations for lead and asbestos with appropriate mitigations prepared by certified professionals. I Prior to the final inspection of the Landscape Plan, and upon establishment of any use, unless other timing is indicated, the following conditions shall be complied with: Engineering) 1. The existing damaged CMU wall on the west side of the property is to be repaired. 10of31 January 21, 2020, Item #7 Resolution No. Page 7 2. Any extension of proposed or existing utilities required to serve the project shall be installed underground. 3. 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. 4. All public improvements per the approved improvement plans shall be installed. Planning) 5. A decorative eight -foot, slump block wall is required along the southern property line to match the existing block wall on the dealership/service center site. A building permit issued for the wall will be required prior to its construction. Wall materials and finishes shall reflect the approved conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 6. Pursuant to PMC 10.28.080, Gate Drive and its adjoining neighborhood will be designated a no loading or unloading zone to facilitate the movement of vehicles within Gate Drive that is frequently restricted by automobile delivery vehicles. The applicant will be responsible for the costs associated with the fabrication and installation of the warning signs in the public right-of-way by the Public Works Department. The sign content, locations and number of signs will be determined by the Director of Development Services. 7. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 8. The use of the inventory lot for customer and employee parking is not allowed. 9. The use of amplified sound at the inventory lot is not allowed. 10. Prior to installation of any lighting at the inventory lot, a building permit is required. All lighting shall be installed with an automatic timer and be turned off at 11:00 p.m. Any lighting that will be on between the hours of 11:00 p.m. and sunrise shall meet the requirements of the Poway Municipal Code Section 17.10.150(H). A lighting study will be required that demonstrates that the proposed lighting will not spread to off-site areas. Lights along the southern property line shall be installed with shields to block the light from the adjoining residences. 11. All landscaping shall be maintained in a thriving manner. The landscaping along the Poway Road and Gate Drive frontages shall be maintained so that the landscaping provides a 3 -foot tall screening effect. This is a requirement to maintain the less than 15 -foot landscaped setback area. 12. All loading and unloading of vehicles onto vehicle carriers must take place at the City's dealership inventory lot on Kirkham Way. 13. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 11 of 31 January 21, 2020, Item #7 Resolution No. Page 8 14. The delivery of new or used vehicles to the site by trucks is prohibited. The loading or unloading of vehicles on automobile carriers is prohibited. Other deliveries and pickups, involving vehicle movements, are restricted to between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 15. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP to the satisfaction of the Director of Development Services. SECTION 5: The approval of MCUP19-003 shall expire on January 21, 2022, at 5:00 p.m. unless the use of the inventory lot has been commenced in reliance on the MCUP approval or unless prior to the expiration 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. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California, on the 21st day of January, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 12 of 31 January 21, 2020, Item #7 y-n, l I r 1 cl: PR-MU RS Existing Dealership: 13747 Poway Road i Proposed Inventory Lot: i 13715 Poway Road f- rownrao PR AG j:, I/ 8. jj' 111111,4 li FLIP 4p - sw- • RR-0w Ill 0 13 of 31 ATTACHMENT B January 21, 2020, Item #7 mZO1s m m g 2 1 i n n f i E E 1 i 1z 1 E. l I gQE F J , i /. s x 7--r Ea T 4r 1 73g c I D I IDI01 I ni (H I 21 r r IL. L f El ID —_— 3A IHO 31 ds IVO---gyp--IVO— IVO—IVO— gyp--gyp —IVO—..._fW--gyp--gyp—gyp— gy0 s.—6YD-O— —gyp—1 — 8 E r E I 1E C l !, I EM ER,A I_r7 / DATE-__._. REVISION BY rim, , Z POWAY HONDA SONIC AUTOMOTIVE 114mlAzNTIrsIc:_ i43r 1I '\I. a 13'15 POWAY ROADPOWAYCAATTC1 1a n January 21, 2020, Item #7 s 1111iI 1 O m i leo 5 i; Erai111 1 g i° gib Q r q > II 0 c h i; - ii¢ o lig 1 1 , ay iE V p0 B s8 N Ss 6,? g a Q ip9::!; P: 4; 1111A1::! f! i ilePt,: iiiiiiiiiieligigi hi/ hhhd l 1 ' c't- 1 ? ik$ cb bbbb o bbbb b GI I 1a rte.rr i Ili k: w F: 71 N U 7 9 $ '! Y g 8 fl bilk iiii:; 1 ys3 3ag 1. in - fl 3 I1. 4d" krleit Sr P § i it li 1 iiiighill Ei IA I ' i k- j 1 i 5 re f! lid T ill ' G i II ii I g r0iill 2. Ng , 1„, g. 4. c\,,,,,.___) 1, 5 i Iliki i i LI p- 6.- ti LI 0` Z ._Z li a II rte`- F- i oN f'OU 41: 0 cc, i A o ' 5 3, r1- 1- i% GATE DRIVE m w u._ cxti QQ r: f i . g3. Ca, `. e -- y-}; rr.-.- a„ r^. sv.•- - _ O i ,. 1.,!' 1/ 1 L '- SW.-.- a. 7 y75, w k,, v3,„ A.i 1 1 9 0' L1i Ho O 1 1 c. v1 Y7 0 SF _ 1 3 1 r' I W = zm 5S Y a • 0 9' 9 ,,= O nm1. IO a as i ' r• f ge ' n 7_ - 3; A . A. - idsaft_ s '' _ 1aL. I41( P'' TT '_ V -...-,' -' 449( cipirwaireze. oiztar ,,, 1 -,- 7 ...- 44. 1ro....,. ..:.: ,. r., AR, Vitt 4 , -,„ , c... 4. 0. ,,..,. ,.. ,.- ow. 0 or . v itt, I.': 4 A i I' Il. l 1-- i I W fi Wir i I•.' v' .: vs. y,.: ,.,, r3. , t..:-. kr as UZ ice, h ;, 96 5!, ' fa f93: ry--.' a Sid) WO .- r ggg I.,- 0 E3. 404-°it i I R .. 4u6 tia: i... , h I go+ N N O Oma_ I . 3 A A I 9 Y/ fAl Fi 1 j ', y aA' V t s m y a bd o i . 0 i,..,: 71- 111: H . av6. rrA% I' I O r 1. I O : I aSOoH I m' C i7 . nA6 3` ylp' ` I, 5. Os. \> a93 62AC g , e w a m a I= YE. Z ;,,,. 2.,.., ' 9 e d of O 1 l < I I.• ia A IR, ki y © n b IIjI - 06 ,- YQ s4 .. N W i3• . IL ass. 6uc 96. JIA II 0. 1u• 3 P7c rn I y.r.4 1 I. r. ,, _ A Tct„ _- ." " a h rte f . a', - - GA-•"- _. _,_,__ - -—- -`=- L 7-- i f_ g f.,_., 4- I E Tit 1 M- h. 2 0 15 of 31 January 21, 2020, Item #7 RESOLUTION NO. P-02-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA RESCINDING CITY COUNCIL RESOLUTION NO. P-01-64 AND APPROVING MODIFICATIONS TO MINOR CONDITIONAL USE PERMIT 99-03 AND DEVELOPMENT REVIEW 99-06 ASSESSOR'S PARCEL NUMBER 317-190-15, 16, 17, 18, 20, 28 and 39 WHEREAS, on May 18, 1999, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06, submitted by First America Automotive, applicant; and approved the request to construct an auto dealership on a 3.63 -acre property located at 13741-13761 Poway Road within the Automotive General Commercial zone. The project consists of a 22,550 -square -foot new car showroom/service building, a 1,572 -square -foot detached used car showroom building, and a combined total of 75 employee/customer parking stalls; and WHEREAS, pursuant to Section 17.48.150 of the Poway Municipal Code, the City Council determined, on October 2, 2001, to set a public hearing to modify or revoke MCUP 99-03 due to Poway Honda's failure to fully comply with the project Conditions of Approval and all the requirements of the Poway Municipal Code; and, WHEREAS, on December 11, 2001, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval are necessary to protect the integrity of the adjacent residential neighborhood. WHEREAS, on December 21, 2001, the applicant submitted, pursuant to Chapter 2.21 of the Poway Municipal Code, a request for rehearing of the December 11, 2001 City Council action and on January 8, 2002, the City Council accepted the request and scheduled the item for re -hearing. WHEREAS, on February 5, 2002, the City Council held a duly advertised public hearing for a rehearing of the applications and to solicit comments from the public, both pro and con, relative to Minor Conditional Use Permit 99-03 and Development Review 99-06 and determined that additional project Conditions of Approval are necessary to protect the integrity of the adjacent residential neighborhood. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: The City Council finds that the project has been adequately addressed in, and is within the scope of, the Mitigated Negative Declaration (MND) approved in conjunction with MCUP 99-03/DR 99-06 dated May 18, 1999. 16 of 31 ATTACHMENT D January 21, 2020, Item #7 Resolution No. P-02-06 Page 2 The subject Environmental Initial Study and MND documentations are fully incorporated herein by this reference. The City Council further finds on the basis of the whole record before it that there is no substantial evidence the project will have a significant impact on the environment. Section 2: The findings for Minor Conditional Use Permit 99-03, pursuant to Section 17.48.070 of the Poway Municipal Code, are made as follows: A. The project is consistent with the Poway Road Specific Plan and the Poway General Plan in that auto repair and service uses are allowed within the Automotive General Commercial zone with the approval of a Minor Conditional Use Permit. B. That the location, size, design, and operating characteristics of the use, as conditioned, will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, buildings, structures, or natural resources, in that: 1. The auto service operation will be conducted within a building designed to buffer noise from the residential neighborhood to the south. 2. An 8 -foot -high masonry wall is required along the southerly property line to buffer the use from the residential neighborhood to the south. 3. Lighting has been designed to not spill over on to adjacent residential properties and is required to be dimmed after 11:00 p.m. 4. Amplified sound generated by the business will be restricted. 5. The hours of operation for automobile service activities (including the car wash) are restricted to between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 1:00 p.m. Saturday, with no service work (including the car wash) on Sundays. 6. Test driving of vehicles is prohibited in the adjacent residential neighborhood. 7. The delivery of for -sale new or used vehicles to the site by truck is prohibited. Other deliveries are restricted to between daytime business hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday. 8. Employee parking is prohibited from occurring in the adjacent residential neighborhood and, to ensure compliance, the applicant is required to be proactive in advising their employees of this requirement; maintaining a minimum of 75 on-site parking spaces for employees and customers. 17of31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 3 C. That the scale, bulk, coverage, and density is consistent with adjacent uses, in that the use will be located on a site that will be developed in accordance with established City zoning and development guidelines for commercial projects. D. That there are available public facilities, services, and utilities to serve the use. E. That there will not be a harmful effect upon desirable neighborhood characteristics, in that a number of Conditions of Approval are required of the project to minimize the potential for negative impacts on the adjacent residential neighborhood. F. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element in that the traffic volumes generated by the use can be readily handled by Poway Road. G. That the site is suitable for the type and intensity of use and development proposed in a designated commercial site designed to comply with all City development standards. H. That there will not be significant harmful effects upon the environmental quality and natural resources in that the partially developed subject property will be completely redeveloped and the use will operate within a building designed to accommodate auto service and repair use. 1. That there are no other relevant impacts of the proposed use that cannot be mitigated. Section 3: The City Council finds that, based on ongoing documented complaints from citizens, the additional Conditions of Approval applied to the project as part of the Modification of MCUP 99-03/DR 99-06 are necessary to ensure compliance with the project's original Conditions of Approval and the requirements of the Poway Municipal Code, and to protect the integrity of the adjacent residential neighborhood. Section 4: The City Council finds that the restrictions of vehicular access to/from the site, and the accompanying physical improvements, and the restrictions regarding the delivery of for -sale new or used vehicles to the site, are necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards businesses as part of the Minor Conditional Use/Development Review process to ensure compatibility of adjacent land uses Section 5: The City Council finds that the restriction of the car wash hours of operation is necessary to protect the integrity of the adjacent residential neighborhood immediately to the south of the project site, in that City Council may establish special performance standards for noise as part of the Minor Conditional Use/Development Review process to I ensure compatibility of adjacent land uses. 18 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 4 Section 6: The findings for Development Review 99-06, pursuant to Section 17.52.010 of the Poway Municipal Code, are made as follows: A. The approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties, because the site and the buildings have been designed in accordance with the Zoning Ordinance with consideration for scale, size, orientation and architectural style, to provide a well balanced project. B. The development is in compliance with the City of Poway development standards. C. The development encourages the orderly and harmonious appearance of structure and property within the City through its consistency with the Zoning Ordinance, the Poway Road Specific Plan and the Poway General Plan, which provides high standards for development. Section 7: The City Council hereby approves a modification to Minor Conditional Use Permit 99-03 and Development Review 99-06 for an auto dealership on a 3.63 -acre property located at 13741-13761 Poway Road within the Automotive General Commercial zone subject to the conditions below. The project consists of approximately 22,550 -square - feet of a new car showroom/service building, a 1,572 -square -foot detached used car showroom building, and a combined total of 75 employee/customer parking spaces. Conditions, which constitute mitigation requirements, are designated by the use of an asterisk (*). A. Within 30 days of approval, (a) the applicant shall submit in writing that all Conditions of Approval have been read and understood, and (b) the property owner shall execute a Covenant Regarding Real Property. B. The use conditionally granted by this permit shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential and commercial uses. C. This Minor Conditional Use Permit shall be subject to annual review by the Director of Development Services for compliance with the Conditions of Approval and to address concerns that may have occurred during the past year. if the permit is not in compliance with the Conditions of Approval, or the Development Services Department has received complaints, the required annual review shall be set for a public hearing before the City Council, to consider modification of the use permit. D. The applicant shall submit and maintain a $1,000 deposit with the Planning Division to cover the cost of staff time associated with monitoring and enforcement activities for the project. 19of31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 5 E. No for -sale vehicles, new or used, shall be delivered by truck to the site or from streets adjacent to the site. Vehicles shall either be delivered to 13742 Poway Road, or to the off-site vehicle delivery/storage site (which is planned for location on Kirkham Road) and then individually driven to the site. The applicant shall actively participate with other auto dealers in the establishment of an offsite vehicle delivery/storage facility. The applicant shall not be financially obligated for the use of the facility until it commences its use of the facility. The cost to the applicant shall not exceed the fair rental value of the property or portion thereof. The applicant shall be responsible for advising all vehicle transporters of the applicable delivery location. F. The applicant shall submit a $2,500 deposit with the Planning Division to cover the cost of a noise study to be prepared by an independent, qualified acoustical professional. The study shall identify existing noise levels created by the car wash facility, potential mitigation measures, and projected noise levels created by the car wash facility with mitigation measures. Should the study conclude that noise could be mitigated to levels lower than that which currently exists, the applicant shall implement the recommended mitigation of the noise study to the satisfaction of the Director of Development Services. After installation of the mitigation identified in the noise study, the applicant may submit a formal request to amend CUP 99-03/DR 99-06, with the applicable review fees, to allow extended hours of operation for the car wash facility. An additional noise study, which documents the noise levels created by the car wash facility with mitigation in place, shall accompany the application. Demonstration that noise levels can be mitigated to a level lower than existing does not automatically entitle the applicant to extend the hours of operation for the car wash facility. The request will be considered by the City Council at a public hearing. G. Ingress and egress to the site from the two drive ways along Gate Drive shall be restricted and improved as follows: The northerly drive way shall be restricted to right tum out only (with no restricted ingress turns). Redesign and physical modification of the northerly drive way is required, and shall involve construction of an angled exit lane and raised divider to guide right only turns, or other equally effective design. The southerly drive aisle shall be restricted to ingress only. A spike strip, and appropriate warning signage, shall be installed along the driveway, outside of the public right of way. Prior to the installation/construction of improvements the applicant shall submit plans for the review and approval of the City Traffic Engineer and the Director of Development Services. H. Upon occupancy, the applicant shall comply with the following conditions, unless other timing is indicated: 1. *Outdoor lighting shall be shielded so that no light spillage shall encroach into adjoining residential properties or onto Poway Road. After 11:00 p.m., all 20 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 6 lighting shall be low-pressure sodium with overall wattage kept to a minimum in areas closest to the residential neighbors. Automatic timers shall be installed to insure compliance with the dark sky/low pressure sodium light requirement. The maximum height of freestanding light posts shall not exceed 18 feet. 2. *No amplified sound shall be generated by the business; this includes but is not limited to paging, public address systems, music systems, security systems, or any other such device, which may generate noise audible to the surrounding residents. 3. *All repair and maintenance work shall be conducted within work bays. Mechanical equipment shall be sound buffered so as to produce the least audible noise possible to surrounding residents. The use of equipment, such as air tools and compressors, and the car wash shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday, and 8:00 a.m. and 1:00 p.m. on Saturday. The service area shall not be opened for business on Sundays. 4. *No vehicles are permitted to be road tested within the residential neighborhood to the south. 5. *Deliveries (excepting the delivery of for -sale new or used vehicles which is subject to the standards specified in Condition of Approval E) shall be restricted to the daytime business hours of 8:00 a.m. to 5:00 p.m. Monday through Saturday. 6. Employee parking shall be prohibited within the residential neighborhood. The applicant shall provide all of its employees with a written parking policy that states the employees shall not park in the adjacent residential neighborhood. The applicant shall ensure that adequate parking for customers and employees is provided onsite at all times. 7. A minimum of 75 employee and customer parking spaces designated on the approved site plan on file with the City shall be designated as such with signage painted on the asphalt and shall at all times be kept free of vehicle for sale product. 8. To insure compliance with the traffic, parking and noise mitigation conditions, the business owner shall provide a summary of the performance standards noted in this application permit to all managers, employees, new employees, and business representatives that have the potential to violate the noted conditions. 21 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 7 9. If the City determines to establish a residential parking program for the adjacent residential neighborhood to minimize the potential for Poway Honda overflow parking impacts to the neighborhood, the applicant shall be financially responsible to cover all the costs associated with the implementation of the program. 10. The applicant shall provide all employees with a map of the route to be used to test drive vehicles. The route shall not include Gate Drive or Fairgate Drive. 11. The right tum only sign shall be maintained at the driveways onto Gate Drive. 12. The service bays shall not be used by employees or any other person after normal business hours to repair, wash, paint or otherwise work on any vehicle, truck, or motorcycle. 13. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 14. The Poway Road elevation of the new car showroom building plans are approved as follows: (a) The exterior finish of the entry rotunda and the 12 - inch x 12 -inch accent wave band may be metal, and (b) the color of the rotunda and accent band may be "Honda blue. 15. The appropriate Building Division approvals and fees shall be received prior to Building Permit issuance. 16. All new utilities shall be installed underground. Completion of undergrounding shall be prior to issuance of a Certificate of Occupancy. 17. School impact fees, which are presently $0.33 per square foot of assessable area, shall be paid prior to issuance of building permits. 18. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 19. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of bui:ding permit issuance. 22 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 8 20. *A slump block wall, a minimum of 8 feet in finished height when measured from the interior of the dealership property, shall be constructed along the southerly property line prior to certificate of occupancy. 21. Trash receptacles shall be enclosed by 6 -foot -high masonry walls with view - obstructing gates pursuant to City standards. Locations shall be subject to approval by the Development Services Department prior to building permit issuance. 22. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent properties and streets as required by the Development Services Department. 23. *Wash bays and all areas involved with car maintenance shall be designed to drain to sumps containing clarifier and separator systems which will adequately remove waste byproducts. The remaining water will be plumbed to the public sewer system. Design details shall be required upon building plan check suomittal. 24. Complete landscape construction documents shall be submitted to and approved by the Development Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). This is a separate permit submittal to the Poway Development Services Department and a separate plan check from the building department. 25. A concrete curb shall be constructed along the inside and outside of the landscape planter proposed along the easterly property line to define and contain the landscaping soil. 26. Landscaped areas within the adjacent public right-of-way shall be permanently and fully maintained by the property owner. 27. *Prior to grading permit issuance, the hazardous materials clean-up shall be completed in accordance with the Woodward -Clyde report on file in the Development Services Department and post clean-up testing has been certified by the County Hazardous Management Department. 28. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 23 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 9 29. All signs proposed for this project shall be designed and approved in conformance with the Poway Sign Ordinance. 30. A minimum of one parking stall per 400 -square -feet of gross floor area is required for the project. Each of the required parking spaces shall have minimum dimensions of 8.5 feet x 18.5 feet. 31. Project driveway entrances shall be enhanced with enriched paving. 32. All parking lot landscaping shall include a minimum of one 15 -gallon size tree for every three spaces. For parking lot islands, a minimum 12 -inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6 -inch high, 6 -inch wide Portland concrete curb. 33. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum 25 - foot -wide emergency access shall be provided and maintained free and clear at all times during construction in accordance with Safety Services Department requirements. 34. Permit and plan check fees shall be paid upon submittal of the grading plan. Development fees, including but not limited to, domestic and irrigation water service fees, remaining sewer connection, sewer cleanout, and sewer inspection fees shall be paid prior to Building Permit issuance. 35. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 36. A grading plan for the development of the property, prepared on a standard sheet of mylar and drawn at a scale of 1" = 20', shall be submitted to the City's Development Services Department for review and approval prior to issuance of a grading permit and start of grading operation. Rough grading of the site must be completed and shall meet the City's Development Services inspector's approval prior to issuance of a building permit. 37. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading plans. 38. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Copies of the report shall be submitted with the grading plan. 1 39. All new slopes shall be a maximum of 2:1 (horizontal to vertical). There shall be a 5 -foot clearance between toe of slope and face of curb. 24 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 10 40. A final compaction report shall be submitted and approved prior to issuance of Building Permits. 41. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of Building Permits. 42. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from October 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the grading plan. The developer shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. 43. All pavement structural sections shall be submitted to, and approved by the City Engineer. Pavement sections shall conform to the minimums required by the Poway Municipal Code Section 12.20.080. This includes the street, as well as the parking lot pavement. 44. All existing unused driveways to the property shall be removed, and full curb, gutter, and sidewalk shall be restored to the City of Poway s standards. 45. Weed and vegetation growth along the curb on Gate Drive shall be eliminated by the use of special weed killers, or other approved methods. 46. All damaged offsite public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvement, to the satisfaction of the Director of Development Services. 47. Prior to any work performed in the public right-of-way or City -held easements, a Right -of -Way Permit shall be obtained from the Engineering Services Division and appropriate fees paid, in addition to any permit required. 48. All proposed driveways to the site shall be alley apron type entries per Regional Standard Drawing G-17 with handicap ramps on both sides, or as otherwise approved by the City Engineer. 49. The proposed water and sewer connections for the new facility shall be made on Gate Drive, if possible, to avoid trenching and excavation on Poway Road. 50. A new streetlight shall be provided by the developer on Gate Drive and on Poway Road per the City of Poway standards, at locations along the property frontage as approved by the City Engineer. 25 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 11 51. Intersection drains shall be required at locations specified by the Director of Development Services and in accordance with standard engineering practices. 52. A drainage system capable of handling and disposing of all surface water originating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any Basements and structures as required by the Director of Development Services to properly handle the drainage. 53. Concentrated flows across driveways and/or sidewalk shall not be permitted. 54. Onsite valley gutters shall be minimum of 3 feet wide. 55. No parking space shall be allowed within City s easements unless otherwise approved by the Director of Development Services. 56. Applicant shall comply with City of Poway, State and Federal Regulations in regards to Storm Water Pollution control. 57. All proposed utilities within the project shall be installed underground. 58. Utility easements shall be provided to the specification of the serving utility companies and the Director of Development Services. 59. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 60. Water, sewer and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. 61. The need for the new fire hydrants will require the preparation of a water system analysis to establish the proper size and location of the public water system. The applicant shall pay to the City the cost of the preparation prior to the submittal of the grading plan. Water System Analysis fees are as follows, and they may change at any time without prior notice: 26 of 31 One Fire Sery:ce Two Fire Service More than Two Fire Services or looped Onsite System 1,250.00 1,850.00 2,800.00 62. This approval is based on the existing site conditions represented on the proposed site plan. If the actual conditions vary from representations, the site January 21, 2020, Item #7 Resolution No. P-02-06 Page 12 plan must be changed to reflect the actual conditions. Any substantial changes to the site plan must be approved by the Director of Development Services, and may require approval of the City Council. 63. Prior to building permit issuance, appropriate water and sewer fees shall be paid to the City s Engineering Division. These fees are currently in effect and are subject to change: Sewer Connection Fee =$53,599.00 (based on a total of 9lfixture units) Sewer Cleanout =$50.00/lateral Sewer Inspection=$25.00/lateral Sewer Line Charge =$ 7,600.00 (for connection on Gate Drive) 8,000.00 (for connection on Poway Road) Corresponding sizes for water meters (not less than one inch in size) shall be determined by the applicant/developer. Depending on the size of water meters to be installed, the fees shall be the following: Meter Size Cost Lateral** Base Capacity SDCWA Fee* 1" $270.00 $1,430.00 $6,678.00 $2,536.00 1.5" $600.00 Cost $10,388.00 $4,755.00 2" $1,775.00 Cost $16,694.00 $8,242.00 For a proposed meter size not listed above, please contact the Engineering Division. This fee is subject to change without further notice. Applicable only to water meter for domestic use. The amount to be paid shall be that in effect at time of payment. No fee if installed by developer. 64. The following fees shall be paid or a security bond posted prior to issuance of a building permit. If a security bond is posted, payment of the fees shall be made prior to issuance of a Certificate of Occupancy. Once payment is received in full, said security bond could be released to the applicant: Traffic Mitigation =$23,083.50 Drainage Fee =$1,200.00 65. The seven lots shall be merged into one lot before occupancy is granted. 66. The applicant shall provide a traffic analysis and report to address existing and proposed development conditions to the Development Services 27 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 13 Department. The report will include project trip generation, distribution, and a traffic signal analysis of the intersection of Poway Road and Gate Drive. The report will identify the cost of a traffic signal and percentage of project trips in the intersection. The applicant will deposit with the City, funds sufficient to cover the project pro rata share of said cost prior to Certificate of Occupancy. If a traffic signal is not constructed within 10 years of project approval, the deposit shall be returned to the property owner upon request. 67. The traffic analysis and report shall include a review of site ingress and egress from Poway Road with recommendations for safe access. The site grading and improvement plan shall incorporate the recommendations. 68. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 69. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 6 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff s Department ASTREA criteria. 70. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather d riving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code. 71. The building will be required to install an approved fire sprinkler system meeting P.M.C. requirements. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation. 72. A Knox Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A Knox padlock shall be required for the fire sprinkler system Post Indicator Valve. 73. Fire Department access for use of fire fighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 28 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 14 74. Permanent access roadways for fire apparatus shall be designated as Fire Lanes with appropriate signs and curb markings. 75. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance. 76. The addition of onsite fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 77. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 78. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 79. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 80. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 81. An automatic fire alarm system shall be installed to approved standards by a properly licensed contractor. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 82. The parcel is located within Landscape Maintenance District 86-3B. Section 8: The terms and conditions of Minor Conditional Use Permit 99-03 and Development Review 99-06 shall be binding upon the permittee and all persons, firms and corporations having an interest in the property subject to these permits and the heirs, executors, administrators, successors and assigns of each of them, including municipal corporations, public agencies and districts. Section 9: Resolution No. P-01-64 is hereby rescinded. 29 of 31 January 21, 2020, Item #7 Resolution No. P-02-06 Page 15 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of February 2002. Michael P. Cafagna, ATTEST: ori nne Peoples, City Cle STATE OF CALIFORNIA ) SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- 02-06, was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2002, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON N:latylpfanning102reportlmcuplmcup9903(4) reso2.doc 30 of 31 6412 altptocs Lon A ne Peoples, City Clerk City o Poway January 21, 2020, Item #7 November 8, 2019 Scott Nespor City of Poway 13325 Civic Center Drive Poway, CA 92064 Subject: Delivery Operations — Poway Honda Scott, This letter is to address the City of Poway's concern with delivery operations at Poway Honda located at 13747 Poway Rd, Poway, CA 92064. The dealership does not accept any deliveries on Poway Road or Gate Drive. The lot adjacent to Poway Honda (13715 Poway Rd, Poway, CA 92064) will be used to store inventory but is not intended to accept deliveries. Currently, all deliveries are accepted at an off-site leased lot located at 13875 Kirkham Way, Poway, CA 92064. Sincerely, J ie'Michel Assistant Project Manager Sonic Automotive, Inc. 31 of 31 4401 Colwick Road • Charlotte, NC 28211 ATTACHMENT E January 21, 2020, Item #7 City of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Robert J. Manis, Director of Development Services, CONTACT: Austin Silva, Senior Planner k 858-668-4658 or asilva@poway.org SUBJECT: Summary: Development Review 19-002; a request to construct a 5,000 square - foot commercial building and an 800 square -foot outdoor dining area at Creekside Plaza, located at the southeast corner of Poway Road and Community Road This action is a Development Review (DR) request to construct a 5,000 square -foot commercial building and an 800 square -foot outdoor dining area, improve an existing plaza to accommodate play surfaces, equipment and lighting and remove 65 parking spaces, in the Creekside Plaza shopping center at the southeast corner of Poway Road and Community Road within the Commercial General land use district of the Poway Road Specific Plan (PRSP) area. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: Creekside Plaza shopping center is located at the southeast corner of Poway Road and Community Road within the Commercial General land use district of the Poway Road Specific Plan (PRSP) area. Timothy Morgan, the applicant, is requesting approval of a DR to construct a 5,000 square -foot commercial building in the central parking lot of the center. The project also includes an 800 square -foot outdoor dining area, improvements to an existing plaza and the removal of 65 parking spaces to accommodate the new building. In July 1990, the City Council approved Specific Plan (SPP) 89-04 and Development Review (DR) 89-15 for the development of the Creekside Plaza shopping center. In January 1992, the City Council approved Tentative Tract Map (TTM) 95-05R, Variance 91-10 and DR91-31 which permitted the corner of a building to encroach into a street setback area, the construction of two over -height retaining walls and revised the site plan approved under DR89-15. In June 1997, SPP 89-04 was revoked to reduce the redundancy of Creekside Plaza being governed by two separate specific plans, the other being the Poway Road Specific Plan (PRSP). Creekside Plaza consists of nine parcels with four separate property owners. Retail Opportunity Investments Corporation (ROIC) owns six of the nine parcels, including the two parcels on which the proposed commercial building and improvements to the plaza are located (Attachment B). January 21, 2020, Item #8 1 of 17 The subject parcel contains a movie theater, a walk-up ATM kiosk and a parking lot with landscaping. There are nine buildings throughout Creekside Plaza which is anchored by Stater Bros. grocery store and a mix of uses including commercial service, retail, restaurants, automotive and banks. Surrounding uses include the Poway Plaza Shopping Center to the west, Poway Town and Country shopping center to the north, Toyota of Poway to the east and Poway Creek and low-density single-family residences to the south. The proposed commercial building is located on the eastern portion of the parcel which abuts the drive aisle that traverses north and south providing access from Poway Road and will allow for retail sales and services and restaurants (Attachment C). The commercial building could potentially be divided creating up to four suites. The existing walk-up ATM kiosk would be demolished and a new ATM kiosk is proposed to the west of its current location. Both new structures are proposed to match the existing architecture of Creekside Plaza with the use of standing seam metal roofs, horizontal wood siding, river rock and cement plaster and will match the existing color scheme (Attachment D). Building articulation is incorporated into all sides of the proposed structure to meet design objectives. On December 5, 2017, the City Council adopted the Poway Road Specific Plan (PRSP) which regulates land uses and development standards at Creekside Plaza. Development objectives of the PRSP, including the Commercial General land use district, include expanding retail and dining opportunities, connecting pedestrian pathways to destinations and creating plazas and community gathering spaces with a sense of place. Since the adjacent Mission Federal Credit Union parcel to the north is separately owned, it is not feasible to create a pedestrian path from the new commercial building to Poway Road. Pedestrian circulation will be improved with crosswalks to connect the new building to the proposed enhanced plaza area and shops to the south. Sidewalks on either side of the new commercial building are proposed allowing for future connections to Poway Road if the adjacent Mission Federal Credit Union parcel to the north is redeveloped in the future. This will provide an additional pedestrian connection from Poway Road along with the existing path traversing through the middle of the parking lot to the west of the proposed building. Staff worked with the applicant to propose enhancements to the existing plaza at the southern area of the shopping center between Buildings 5 and 6 where the flagpole and amphitheater are located (Attachment E). The enhancements to the existing plaza include the following: Replacement of portions of concrete areas with child -friendly artificial turf; Installation of faux climbing rocks for children and other small play equipment; Installation of bench seating; Installation of string lighting and new light poles; Installation of additional landscaping; and Installation of artistic banners. The movie theater recently renovated the interior of their building, including the removal of 61 percent of their seating which resulted in a surplus of 219 parking spaces for the shopping center. The proposed building requires 34 spaces and 65 spaces are proposed to be removed to accommodate the new building. Therefore, the project meets parking requirements of the PRSP and Poway Municipal Code. Environmental Review: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by the City Council on 2 of 17 January 21, 2020, Item #8 December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build out of the Poway Road Specific Plan area in the manner permitted by the Specific Plan. This Project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8. 2 of the PRSP, no further environmental analysis is required because the project's impacts have already been analyzed and are adequately covered by the previously certified EIR. There are no significant changes proposed that would require subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. Fiscal Impact: None. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, January 9, 2020. A public notice was mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Zoning and Location Map C. Site Plan D. Building 10 Footprint and Elevations E. Plaza Improvements Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 3of17 Ch is H . ne City Manager January 21, 2020, Item #8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 19-002 FOR THE CONSTRUCTION OF A 5,000 SQUARE -FOOT COMMERCIAL BUILDING AND AN 800 SQUARE -FOOT OUTDOOR DINING AREA AT CREEKSIDE PLAZA LOCATED AT THE SOUTHEAST CORNER OF POWAY ROAD AND COMMUNITY ROAD. ASSESSOR PARCEL NUMBERS: 317-820- 09 & 317-820-06 WHEREAS, the City Council considered Development Review (DR) 19-002; a request to construct a 5,000 square -foot commercial building and an 800 square -foot dining area, improve an existing plaza to accommodate play surfaces, equipment and lighting and remove 65 parking spaces, in the Creekside Plaza shopping center (Project) on property located on the southeast corner of Poway Road and Community Road within the Commercial General (CG) land use district of the Poway Road Specific Plan (PRSP); WHEREAS, on August 7, 1990, the City Council approved Tentative Tract Map (TTM) 90- 05, creating the legal lots within the Creekside Plaza shopping center; WHEREAS, on January 14, 1992, the City Council approved TTM95-05R, Variance 91- 10, and DR91-31, revising TTM90-05, permitting a corner of a building to encroach into a street setback area and the construction of two over -height retaining walls, and the construction of a shopping center located on southeast corner of Poway Road and Community Road; WHEREAS, on January 21, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to DR19-002; and WHEREAS, the City Council has read and considered the agenda report for the proposed Project, including the attachments, and has considered all 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: An Environmental Impact Report (EIR) was prepared pursuant to the California Environmental Quality Act (CEQA) in conjunction with the PRSP and was certified by the City Council on December 5, 2017 (PRSP EIR). The PRSP EIR analyzed the potential impacts of the proposed build -out of the PRSP area in the manner permitted by the Specific Plan. The City Council finds, in its independent judgement, that this Project is consistent with the PRSP and conforms with the requirements, development standards and guidelines therein, and, therefore, as set forth in Section 8.2 of the PRSP, no further environmental analysis is required because all of the project's impacts have already been analyzed in, and are adequately covered by the previously certified EIR. The City Council further finds, in its independent judgement, that the project does not result in any significant changes that would allow subsequent or supplemental environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163. These findings are based on substantial evidence in the administrative record of proceedings, which includes but is not limited to the PRSP EIR, appendices, documents incorporated by reference therein, transcripts of public meetings, and other related documents. 4of17 January 21, 2020, Item #8 Resolution No. Page 2 SECTION 2: The City Council finds the proposed Project is consistent with the PRSP generally, including the CG land use district. SECTION 3: The findings for DR19-002, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. The Project has been designed to be architecturally compatible with surrounding development and conforms to the PRSP development standards and design guidelines. B. The Project is consistent with the PRSP and the Poway General Plan in that the proposed Project has been designed to comply with all City site development standards. C. The approved Project will not have an adverse aesthetic, health, safety, or architecturally - related impact upon adjoining properties, in that the design of the building for the intended purpose conforms to the criteria of the PRSP Development Standards and will be compatible with current and future buildings in the vicinity. D. The approved Project encourages the orderly and harmonious appearance of structures and property within the City in that the Project, as conditioned, is consistent with the general design standards in the PRSP. E. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the Project enhances an existing Plaza to meet objectives of the PRSP and provides sidewalks and crosswalks, adequate parking, and there is adequate capacity on Poway Road to accommodate additional traffic generated by this Project. SECTION 4: The City Council hereby approves DR19-002 as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped as "Exhibit A" and dated January 21, 2020 on file in the Development Services Department, except as noted herein and 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 reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the Project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to DR19-002) and any environmental document or decision made pursuant to CEQA. 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. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. 5 of 17 January 21, 2020, Item #8 Resolution No. Page 3 B. This approval is based on the existing site conditions and proposed Project details represented on the approved plans stamped as "Exhibit A" and dated January 21, 2020 on file in the Development Services Department. Any substantial changes to the approved plans must be approved by the Director of Development Services and may require approval of the City Council if the Director of Development Services finds that the proposed changes do not substantially conform to approved plans. C. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. D. Prior to issuance of any permit, the applicant shall (1) submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property notarizing and recording said document. In order for the City to prepare the Covenant the applicant must first submit a legal description of the subject site. E. The project shall comply with all conditions of approval and mitigation measures established under previous project entitlements unless otherwise modified or superseded by these Conditions of Approval contained herein as determined by the Director of Development Services. F The conditions for the Project shall remain in effect for the life of the subject property and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. G. Prior to issuance of a Building Permit, the applicant shall obtain approval of a Grading Permit. Compliance with the following conditions is required prior to issuance of the Grading Permit: Engineering) 1. Submit a precise grading plan for the development of the lot prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City Project Engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the Poway Municipal Code (PMC) shall be submitted. 2. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the grading plan and be appropriately sized for the proposed level of development. 3. A drainage study addressing the impacts of the 100 -year storm event prepared by a licensed Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City Project Engineer. 4. Water Quality Control — Design and Construction 6of17 January 21, 2020, Item #8 Resolution No. Page 4 The Project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The Project is considered a Priority Development Project and will be subject to all City and State requirements. A Final Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. The applicant will be required to install trash treatment control devices inside all existing and proposed private storm drain grated inlet structures onsite. c. Property owner shall execute an approved Storm Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the Project as outlined in Chapter 16.104 of the PMC. 5. Grading securities shall be posted with the City prior to grading plan approval per Section 16.46.080 of the PMC. A minimum cash security of $2,000 is required in all instances. 6. 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. 7. The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule. 8. All applicable easement dedications are to be recorded. 9. Any existing and proposed public easements shall be depicted on the grading plans. The proposed public easement dedications shall be submitted prior to grading permit issuance. 10. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approved and executed prior to grading permit issuance. 11. All existing and proposed utilities are required to be installed underground. 12. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City 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. 7 of 17 January 21, 2020, Item #8 Resolution No. Page 5 13. Prior to start of any work within a City -held easement or right-of-way, 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. 14. Construction staking is to be inspected by the Engineering Inspector prior to any clearing, grubbing or grading. At a minimum, all protected areas as shown on the approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. Planning) 15. A Tree Removal Permit shall be obtained prior to the removal of all existing trees. A separate permit is required for trees within the public right-of-way and trees located on private property. The removal of both public and private trees shall conform to Chapter 12.32 (Urban Forestry) Articles II and III of the PMC. If the trees are proposed to be removed during the recognized nesting season for birds (February 15 through August 15), a nesting bird survey shall be conducted by a qualified biologist and report the findings in writing to the City. Between February 15 and August 15, removal of trees containing nests shall be delayed until such time as the nest(s) have been abandoned unless the removal can be completed in accordance with California State codes and the Federal Migratory Bird Treaty Act of 1918. 16. Landscape and irrigation on-site shall be provided in accordance with the PRSP and the Poway Landscape and Irrigation Design Manual. Plans shall be submitted and a minimum of one staff review shall be completed prior to issuance of a grading permit. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. 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. 17. Approved improvements to the plaza located between Buildings 5 and 6 shall be shown on the final landscape plans. H Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 8of17 January 21, 2020, Item #8 Resolution No. Page 6 2. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the Project's Geotechnical Engineer. Following completion of rough grading, please submit the following: a) Three copies of certification of line and grade for the lot, prepared by the Civil Engineer of work. b) Three copies of a soil compaction report for the lot, prepared by the Project's Geotechnical Engineer. The certification and report are subject to review and approval by the City. 3. The applicant shall attend a pre -construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City 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. 4. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. Planning) 5. Trash receptacles shall be enclosed by a six -foot -high masonry wall, with view - obstructing gates, and shall provide an area for recyclable materials. Enhanced exterior treatments to the trash enclosure shall be provided, and shall be architecturally compatible with the buildings. Locations and exterior treatments shall be subject to approval by the Director of Development Services. 6. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound -buffered from adjacent properties and streets as required by the Planning Division of the Development Services Department. 7. The applicant shall comply with the latest adopted construction related codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 8. The colors and materials on the building shall be consistent with the approved colors on file in the Planning Division of the Development Services Department. 9. All two-way traffic aisles shall be a minimum of 25 -feet wide. 10. All parking spaces shall be double striped. The minimum dimensions for standard - sized parking stalls shall be eight feet six -inches by 18 feet six -inches per the PMC. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces, with one van -accessible space. 11. Parking lot lights, wall -mounted lights and landscape accent lights shall be shielded per the PRSP and PMC standards. Wall -mounted security lights shall only be used on the rear or interior sides of buildings. 12. Signs shall be proposed and approved under separate permits. 9 of 17 January 21, 2020, Item #8 Resolution No. Page 7 13. The landscape and irrigation plans on-site shall be approved in conformance with the City's Landscape and Irrigation Design Manual. I Compliance with the following conditions is required prior to occupancy and release of securities: Engineering) 1. All existing and proposed utilities or extension of utilities required to serve the Project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The stormwater facilities shall be complete and operational prior to occupancy. 3. The drainage facilities, driveway, slope planting measures, 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 pad capable of handling and disposing all surface water to the satisfaction of the Engineering Inspector. 5. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this Project. 6. After completion of all work, record drawings, signed by the engineer of work, shall be submitted to Development Services for review prior to a request of occupancy, per PMC Section 16.52.130(B) of the Grading Ordinance. Approval of record drawings is required prior to issuance of occupancy and release of grading securities. Initial submittal of record drawings at least three weeks prior to a request for occupancy is recommended. Planning) 7. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. 8. Landscaping, irrigation and improvements to the plaza located between Buildings 5 and 6 shall be installed per the approved landscape plans. 9. Prior to any use of the Project site, or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the Director of Development Services. Public Works) 10. All tenant suites establishments shall have grease removal equipment installed 10 of 17 January 21, 2020, Item #8 Resolution No. Page 8 J. Upon occupancy the following conditions shall apply: 1. All physical elements of the project shown on the approved building and landscape plans shall be substantially maintained per the approved plans, except as noted herein, to the satisfaction of the Director of Development Services. 2. All landscaped areas on-site shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. Immediate removal of graffiti and any other type of offensive debris is required. 3. Any fences, walls or signs proposed for this development shall be designed and approved in conformance with the PRSP and to the satisfaction of the Director of Development Services. 4. Uses established on the subject property shall comply with all PRSP standards applicable to the property for the life of the Project. K. The following conditions shall be complied with to the satisfaction of the Fire Chief: 1. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 2. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. 3. Fire apparatus access roads shall have an unobstructed, improved width of not Tess than 20 feet. In most cases, the City of Poway construction standards for streets Chapter 12.20 PMC) will be more restrictive. The more restrictive standard shall apply. Vertical overhead clearance shall be a minimum of 13 feet 6 inches. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 pounds with an approved paved surface as to provide all-weather driving capabilities. The turning radius of a fire apparatus access road shall be a minimum of 28 feet as measured to the inside edge of the improvement width or as approved by the fire code official. 4. The angle of departure and the angle of approach of a fire access roadway shall not exceed seven degrees (12 percent) or as approved by the fire code official. 5. The building will be required to be equipped with an automatic fire sprinkler system meeting the Poway Municipal Code requirements. The system is to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The Fire Department shall approve location of all fire protection devices prior to installation via deferred plan submittal. Two separate plan submittals to the fire department will be required, one for the fire service underground and the second for the fire sprinkler design. Separate fees for plan check and inspection services will be charged by the Fire Department upon submittal. A water analysis is required. 11 of 17 January 21, 2020, Item #8 Resolution No. Page 9 6. Fire sprinkler riser(s) shall be located inside the building with an exterior access man door. The exterior door shall be labeled with a sign indicating "Fire Sprinkler Riser." The applicant shall provide 36 -inches of clearance from the standpipe or attached additional risers, accessible by a 3'-0" exterior man door. 7. A metal sign with raised letters at least 1 inch (25mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. 8. The building will be required to be equipped with an automatic fire alarm system meeting the Poway Municipal Code requirements. A properly licensed contractor shall install the automatic fire alarm systems to approved standards. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station. Separate fees for plan check and inspection services for each building will be charged by the Fire Department upon submittal. 9. 'Knox' Security Key Box(es) shall be required for the building at location(s) determined by the Fire Department prior to installation. 10. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street and/or access roadways fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 11. Installation of a fire suppression system in a commercial kitchen hood & duct shall be approved by the Fire Department via separate plan submittal. SECTION 5: The approval of DR19-002 shall expire January 21, 2022, at 5:00 p.m., unless prior to that time a Building Permit has been issued and construction has commenced on the property, or unless prior to the expiration 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. 12 of 17 January 21, 2020, Item #8 Resolution No. Page 10 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 21st day of January, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 13 of 17 January 21, 2020, Item #8 Mixed Use POWAY RD Poway Road - Commercial General MHP _ PC -7 City of Poway Zoning / Location Map Item: DR19-002 Creekside Plaza Building 10 NORTH 125 250 500 Feet 14 of 17 ATTACHMENT B January 21, 2020, Item #8 P V O V V • O "l N P P P V P 9 898I8aa884aa8888savs .$ a 888 888 88Rochi s Yis s 4h s s s s k h vs vs vs s 8 8 8 8lggEv'og2R 28 2m o %pp OOoo §$ op pc0t'J O • O m N N N f •O aD 0N •- O tv N O O n 8 m oO 8 88888 SITERESUME g, 8 `8 8 ry8k006-R mCr POWAYROAD igt ped 2 8 n 88Ttm 09 13509-13573Poway 9 s 13413-13425Poway ab'Oa aNVlalW w 8Og ci 8 8885dt o 13465PowayRoad U gaSgog838aRpt_ gD a8: m88o; v8 O ow vvg ooo Z Nm a nO Ww QQOM_ 2 12, all gd o WD w 1— co 15 of 17 aeoa ,uwnwwoo ATTACHMENT C 00N 0 0 N 0 O 0 z 0 J m J Q ag W 0 V) O O O to W 0 a. 0 a. Z 1- z a. W 1- 00 H to X W CREEKSIDEPLAZASHOPPINGCENTER, POWAY. CALIFORNIA January 21, 2020, Item #8 z 0 1 11 11 d 11 !HI 000000000 0 16 of 17 ATTACHMENT D 8 O 2 O z E E 1 W 01 N O aC oc W >. W 0 GC 3 02 January 21, 2020, Item #8 LANDSCAPESTRUCTURES888 - 438 cu 1c rnco00 AnniiriK IESNIMMIDEREDIEiMPIPMMINt I' a ,a BANNERS 6 P rn uy w 0 E O t a 0 • 0 0 c w v E z E O u m q q y 2 C O Q 1. w c e 8 u • L w c E o c a '-u .. d m c m •a - u N n N VEeapomNok L L (/1 2- m 7 i N 3 01 C N 'C C 'C 7 Etccoy IUi e C oC EO? m c qO o N qOW a c y ° is, m= v E w' 1:1• 0 6 m 43S. t - 6w E O1 c W C Q 0 O tam, a Cp C D 1 r ren b 7 Va U o 411 m ml ul 4 zw 00 kft ATTACHMENT E January 21, 2020, Item #8 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT January 21, 2020 Honorable Mayor and Meters of the City Council Jon Canavan, Fire Chief Ray Fried, Fire Battalion def T 858) 668-4460 or rfried(c poway.orq Authorization to Purchase Self -Contained Breathing Apparatus by Cooperative Purchase Agreement and Appropriation of Funds The Self -Contained Breathing Apparatus (SCBA) used by the Fire Department to provide breathable air during dangerous air conditions, such as fires, are near or have reached the end of their useful life, have become costly to repair, and are no longer supported by the manufacturer. The Fire Department purchased re -purposed SCBAs in 2016 and applied for FEMA grants in FY 2017-18 and FY 2018-19 to minimize the impact of replacing the SCBAs on the General Fund. The Fire Department was not awarded either of the grants. As such, the Fire Department seeks authorization to purchase new replacement SCBAs and appropriate the funds necessary for the purchase. Recommended Action: It is recommended that the City Council authorize the purchase of SCBAs from Bauer Compressors under the San Bernardino County Fire Department cooperative purchasing agreement, authorize the City Manager to execute any necessary documents, and appropriate funds to the Fire Suppression budget to complete the purchase. Discussion: The SCBAs used by the Fire Department are the single most important piece of equipment for firefighter safety while extinguishing a fire in a building. The SCBAs provide firefighters breathable air while operating in immediately dangerous to life or health atmospheres (IDLH) such as a fire in a building. This allows extended firefighter operations increasing the possibility for favorable outcomes during the incident. In addition, modern firefighting SCBAs incorporate alert/distress functions to help locate firefighters in distress by automatically activating a high-pitched alarm if movement is not sensed for a short period of time. This feature helps increase firefighter safety. The Fire Department maintains an inventory of SCBAs that are reliable, safe and operationally sound as part of its Respiratory Protection Program. The Fire Department last purchased re - purposed SCBAs from the Denver Fire Department in 2016. These SCBAs are near or have reached the end of their useful life, have become costly to repair, and are no longer supported by the manufacturer. Additionally, they do not meet the current recommended standard published by the National Fire Protection Association (NFPA). NFPA Standard 1981 recommends levels of respiratory protection and functional requirements for SCBA used by emergency services personnel. Firefighters certified as in-house SCBA technicians have maintained SCBAs by using parts from spare SCBA packs. As a result, the inventory of SCBAs is rapidly being depleted and requires replacement. In preparation for replacing these SCBAs, the Fire Department applied for FEMA grants in FY 2017-18 and FY 2018-19. The Fire Department was not awarded either of the grants. 1 of 5 January 21, 2020, Item #9 The new, replacement SCBAs meet all elements of the Department's Respiratory Protection Program and are compliant with the most current version of NFPA Standard 1981. While exploring purchasing options, the Fire Department became aware of an opportunity to lower costs by using a competitive, cooperative SCBA purchasing agreement between the San Bernardino County Fire Department and Bauer Compressors. Pursuant to 3.28. 110 of the Poway Municipal Code, the city may rely on competitively bid cooperative purchasing programs by another governmental entity. As such, staff recommends purchasing the SCBAs for the Fire Department under the San Bernardino County Fire Department cooperative purchasing agreement with Bauer Compressors. Bauer Compressors has provided the Fire Department a purchase quote reflecting the cooperative purchasing agreement pricing. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: With approval of this action, an appropriation in the amount of $315,000 from the General Fund's Undesignated Fund Balance (F1000-89010) will be made to the Fire Suppression Other Equipment account (501050-61999). The total cost of the SCBAs is approximately $351,000. The Fire Department has applied for FEMA grant funding several times in an attempt to minimize the financial impact on the General Fund. As part of the grant submittal, the Fire Department was required to commit to appropriating a 10% match in the operating budget. As such, the $35,500 match was budgeted in the Fire Suppression budget during the FY 2019-20 budget process. Sufficient funds are currently available in the General Fund unassigned fund balance for this appropriation. Capital outlay annual rental charges for the replacement of this equipment will be included in future years' budgets. Public Notification: None. Attachments: A. San Bernardino County PO to Bauer Compressors B. Poway SCBA Purchase Quote Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 2 of 5 L. OP Chn Hazel City Manager January 21, 2020, Item #9 Purchasing Department Master Blanket Purchase Order PO Number: 184084 Please include this number on all invoices and correspondence. Page 1 of 2 VENDOR DEPARTMENT ePro Vendor Number 00001182 FAS Vendor Code BAUERCO520 Vendor Name Bauer Compressors Address 267 E. Airway Blvd Livermore, CA 94551 Phone 925-449-7210 Requisition Number RFPD118132868 Department Fiscal/Administration Ship To Address Warehouse 2824 East W Street Bldg. 302 San Bernardino, CA 92408 Bill To Address SBC Fire Administration 157 W. 5th St, 2nd Floor San Bernardino, CA 92415-0451 PO Status Sent PURCHASE ORDER INFORMATION Purchaser Bid Number Work Order Type Code Commodity PO Date 9/6/2017 Encumbrance N Bill Brock Attachments TERMS AND CONDITIONS 08.28.14.pdf Payment Terms Freight Terms Shipping Method Shipping Terms Partial Pay Yes ITEM 1 COMM CODE i i 1157 DESCRIPTION urchase and repair of MSA SCBA Equipment nd Supplies in an Amount not to Exceed 100,000.00 per FY em Ship To Address: BC Fire Administration W. 5th St, 2nd Floor ban Bernardino, CA 92415-0451 QTY 1.00 UNIT LOT UNIT PRICE 0.00000 DISC 0.00 TAX 0.00 FREIGHT 0.00 TOTAL 0.00 2 340-07 I SCBA Basic Unit 1.00 EA 5,199.00000 0.00 415.92 0.00 5,614.92 3 340-07 ntegrated Thermal Imaging Camera 1.00 EA 1,400.00000 0.00 112.00 0.00 1,512.00 4 340-07 endix-King Portable Radio Interface Cable 1.00 EA 843.00000 0.00 67.44 0.00 910.44 5 340- 07 Motorola XTS5000 Portable Radio Interface liable 1.00 EA 843.00000 0.00 67.44 0.00 910.44 6 340-07 ylinder Quick Connect Adaptors 1.00 EA 275.00000 0.00 22.00 0.00 297.00 7 340-07 Ithium-lon Battery Smart Charger 1.00 EA 425.00000 0.00 0.00 0.00 425.00 8 340-07 attery Case 1.00 EA 140.00000 0.00 11.20 0.00 151.20 9 340-07 Additional Lithium -Ion Battery 1.00 EA 210.00000 0.00 16.80 0.00 226.80 v 10 340-07 dditional Face Mask 1 1.00 EA 225.00000 0.00 18.00 0.00 243.00 3 of 5 ATTACHMENT A January 21, 2020, Item #9 Page 2 of 2 ITEM COMM DESCRIPTION QTY UNIT UNIT PRICE DISC TAX FREIGHT TOTAL CODE 11 340-07 Additional Cylinder 45 Minutes 12 340-07 Additional Cylinder 60 Minutes 13 MPORTANT: YOU CAN ASSIST IN EXPEDITING PAYMENT OF YOUR INVOICES BY: 1. SUBMITTING INVOICE ONCE PER MONTH. 2. PROMPTLY MAILING YOUR INVOICES DIRECTLY TO: "BILL TO:" bEPARTMENT SHOWN IN THE PURCHASE ORDER. THE COUNTY OF SAN BERNARDINO RESERVES THE RIGHT TO CANCEL THIS PURCHASE ORDER BY WRITTEN NOTICE AT THE END OF, OR DURING, ANY FISCAL YEAR DUE TO INSUFFICIENT FUNDING. 1.00 EA $ 657.00000 $ 0.00 $ 52.56 893.00000 0.00 $ 0.00000 1.00 EA 0.00 0.00 71.44 0.00 0.00 0.00 709.56 964.44 0.00 0.00 14 THIS PURCHASE ORDER SHALL NOT BE CONSIDERED VAUD UNTIL CERTIFICATES OF INSURANCE ARE DELIVERED AND APPROVED BY THE COUNTY DEPARTMENT TO WHICH PRODUCTS OR SERVICES ARE BEING PROVIDED. SAID INSURANCE MUST CONTAIN AN ENDORSEMENT THAT COUNTY OF SAN BERNARDINO, SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BOARD GOVERNED DISTRICTS, AND BOARD GOVERNED SERVICE AREAS AS ADDITIONALLY INSURED. GENERAL AND AUTOMOBILE LIABILITY INSURANCE BOTH REQUIRED, INCLUDING CONTRACTUAL AND COMPLETED OPERATIONS COVERAGE WITH A COMBINED SINGLE LIMIT COVERING BODILY INJURY AND PROPERTY DAMAGE. SEE ATTACHED "TERMS AND CONDITIONS" FOR INSURANCE AMOUNTS. 0.00 0.00000 0.00 0.00 4 of 5 APPROVED: 0.00 0.00 TOTAL , $11.964.80 BY: Laurie Rozko, Director of Purchasing January 21, 2020, Item #9 W ct m COMPRESSORS 267EastAirwayBlvd. PowaySCBApurchasewithiTIC Livermore , CA94551 www.bauersf.com W C 0_ 00 D a D 5 of 5 0 0. 0 a) MM O0 O '4 CO0co ccietM000COCOO , O .O 007 COtrkCO1() co 1l) coO_ a '4) CO; O M a v} a U co 0 0NV M1ncoOerrMv). o a) 0 H N Q m U v) o c aO N 2 U D a) a) c a 0 U c E U U 0) a) o W c s =.- W c 0 a U >' C 0Emz0> a W m U W e Ci") o .0 o 0 U m C a) .o n U C W .> W v)) C = 00 Q d MSAG145MinCylinder MSAG1FacepieceSizeMedium I a`) 0 L"'" U a t. m a C Q m O a `)v) m Q 0 N LL. O O 10148741 -SP MSACYLINDER60MIN4500PSI G1ELECTRONICIDTAG 0 oUpad 0)0 a) L W 0 0) o U E a v O 0) 0 N vV) a; _ W Ti o c U E W Y ce U 0 0 M 0 N 171!) co Cn O N •O 0 O O 0 0 C 0 aI N I I a a; a O+ a 1/ 4 x CGA347 N M 10C) 'O - ATTACHMENT B JeremiahHerterich CeII: + 1 ( 510) 705-3298 January 21, 2020, Item #9 city of Poway COUNCIL AGENDA REPORT DATE: January 21, 2020 TO: Honorable Mayor and Members of the City Co ncil FROM: Eric Heidemann, Director of Public Works CONTACT: Pat Ryan, Interim Assistant Director of Public Works for Maintenance Operations 858) 668-4705 or pryan@poway.org SUBJECT: Solid Waste Organics Recycling Workshop Summary: This report will provide an overview of several key solid waste recycling state laws, present current infrastructure efforts underway to develop an organics recycling program in the City of Poway, and summarize next steps to be taken to implement an organics recycling program to comply with state laws. Recommended Action: It is recommended that the City Council receive and file this report. Discussion: According to the California Department of Resources Recycling and Recovery (CalRecycle), California disposes of approximately 30 million tons of waste in landfills each year, of which 30 percent is organic waste. Organic waste means food scraps, food -soiled paper waste, yard trimmings and nonhazardous wood waste. The state has determined that these organics should be composted or used to produce renewable energy rather than going into landfills, because landfills emit the majority of man-made methane emissions in California, and are one of the top emitters in the U.S. This report will provide an overview of several key solid waste recycling state mandates, present current infrastructure efforts underway to develop an organics recycling program in the City of Poway, and summarize next steps to be taken to implement an organics recycling program to meet these state laws and increase diversion. California Waste and Recycling Requirements: California law requires reducing, recycling, or composting 75 percent of solid waste generated by 2020. Below are the key pieces of legislation enacted over the years and the City's compliance efforts in meeting the Statewide strategy: Assembly Bill 939, (1989): requires 50 percent diversion of solid waste from landfills by 2000. Jurisdictions must maintain or exceed this diversion rate and report disposal rates to the state on an annual basis. The City consistently meets the diversion requirement annually. Assembly Bill 32 (AB 32), (2006): requires California to reduce its greenhouse gas emissions to 1990 levels by 2020. In response to AB 32, the California Air Resources 1 of 3 January 21, 2020, Item #10 Control Board developed a Scoping Plan that identifies strategies to be used to reduce greenhouse gas emissions in six major sectors including transportation and fuels, energy generation, water, natural lands, agriculture and waste. Assembly Bill 341 (AB 341), (2011): requires recycling services for businesses that generate more than four cubic yards of waste per week and for multi -family residential dwellings of five units or more. AB 341 also set a goal to recycle 75 percent of solid waste generated in the state by 2020. This new statewide goal is different from AB 939 in that it is a recycling goal, not a diversion goal, and focuses on source reduction, recycling, and composting. Assembly Bill 1594, (2014): eliminates the diversion credit for green waste used as alternative daily cover (ADC) at landfills by 2020. ADC will instead be considered disposal in terms of measuring a jurisdiction's annual 50 percent diversion requirement. The City's greenwaste is diverted to a compost facility, which poses no issues in meeting the regulation in 2020. Assembly Bill 1826 (AB 1826), (2014): requires business and multi -family residential dwellings to participate in an organic recycling program. This impacts entities producing 8 cubic yards of organic waste per week on April 1, 2016; 4 cubic yards of organic waste per week on January 1, 2017; and 4 cubic yards per week of solid waste on January 1, 2019. This law also requires jurisdictions to submit a plan to the state describing how it will implement an organics recycling collection program and conduct related education and outreach. Annually, the City provides direct, written, and electronic education communication to businesses about the requirements of AB 1826 to annually comply with the regulations. Senate Bill 1383 (SB 1383), (2016): establishes state targets to reduce the disposal of organic waste 50 percent below 2014 levels by 2020, and 75 percent by 2025. Additionally, the law has a requirement to recover 20 percent of edible food for human consumption that is currently landfilled by 2025. While the rulemaking for SB 1383 is being finalized, the following requirements for jurisdictions and waste haulers are anticipated to be in place and operational by January 1, 2022: o Organic Waste Collection Services — Jurisdictions and waste haulers must provide residential and commercial organic waste collection services. o Edible Food Recovery Programs and Services — Jurisdictions must implement and oversee food recovery programs. o Procurement of Recovered Organic Waste Products — Jurisdictions must procure minimum levels of compost, renewable natural gas, or both. o Reporting by Regulated Entities — Jurisdictions, haulers, and facilities must report annually or quarterly on compliance with regulations. o Organic Waste Recovery and Processing Standards for Facilities — Facilities must achieve recovery rates for organic waste that is collected with non-organic waste. The City of Poway has thus far been able to comply with these state mandates through programs such as green waste recycling and other educational and outreach programs. However, the City's current programs will no longer satisfy the requirements of AB 1826 and SB 1383. To meet the state mandates described above, the City must implement a program to recycle organic waste. One approach is to process organic waste at a Targe -scale composting facility. The other approach involves Anaerobic Digestion (AD), which digests organic waste in an oxygen -free environment and captures energy and greenhouse gases. Unfortunately, no organics processing facility currently exists in the San Diego region to ensure compliance with the organic diversion requirements of SB 1383. 2 of 3 January 21, 2020, Item #10 Anaerobic Digester: EDCO, the City's franchise waste hauler is constructing an AD facility in Escondido. EDCO is offering reserved capacity for the franchise cities first before opening organics disposal opportunities to other cities in the region. EDCO's AD facility will convert organic waste into renewable resources including biogas, which will be converted to natural gas used to power EDCO's collection vehicles. In order to utilize the AD facility and participate in this organic waste collection service, all waste generators will incur a new charge in their trash service rates. While the rate increase is unknown at this time, any rate increase would first come before the City Council for consideration and would not go into effect until the AD facility is operational and service is being provided, expected to be in early 2021. ADs reduce greenhouse gas emissions by capturing and combusting methane, generate renewable energy, and divert organics from landfills, which make AD projects a more sustainable option. EDCO staff will be available at the January 21, 2020 City Council meeting to provide a brief overview of the AD facility and operation of an organics program in the City of Poway. Next Steps: Moving forward, staff will conduct a series of educational workshops for residential and commercial customers on organics recycling and food recovery options. The workshops will be completed during the first quarter of 2020. Simultaneously, staff will examine curbside cart configurations to optimize residential green and food waste organics collection. Staff will discuss with EDCO collection options and associated costs, and conduct a rate review before returning to the Council with a recommendation for residential and commercial organic waste collection programs. The establishment of updated solid waste collection rates is subject to the noticing requirements of Proposition 218, which requires a notice and public hearing. Staff estimates that the noticing requirements can begin in the second quarter of 2020, along with the annual solid waste consumer price index rate adjustment, with potential adoption of rates for all residential and commercial customers completed by July 1, 2020. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None with this action. Public Notification: None. Attachments: None. Reviewed/Approved By: Reviewed By: Wendy Kaserman Alan Fenstermacher Assistant City Manager City Attorney 3 of 3 Approved By: Chri--Haze ine City Manager January 21, 2020, Item #10 DATE: TO: FROM: City of Poway MEMORANDUM January 21, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk 858) 668-4535 or fmedinapoway.orq k SUBJECT: Request Council Concurrence of Committee Appointment to the Budget Review Committee per Government Code Section 54974 Summary: On October 21, 2019, the City received a letter of resignation from Dan Mathson, who was appointed to the Budget Review Committee (BRC) on March 5, 2019. His resignation created an unscheduled vacancy on the Committee. In accordance with Government Code section 54974, the City Clerk's Office posted the unscheduled vacancy notice on the City's website, at the Poway Library and on the Bulletin Board located at City Hall on November 7, 2019, accepting applications through December 30, 2019. The City Clerk's Office received a total of eight applications during this recruitment. Pursuant to Government Code Section 54974(a), the final appointment to the Committee can be made once the special vacancy notice has been posted for at least ten working days. Since the Notice of Unscheduled Vacancy was posted on November 7, 2019, Council is able to make a final appointment to the Budget Review Committee to fulfill the remainder of Dan Mathson's term expiring December 31, 2020. Recommended Action: Councilmember Grosch is requesting that the Mayor with Council concurrence appoint Robert McKeon 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 November 7, 2019. Attachments: A. Notice of Unscheduled Vacancy Reviewed/Approved By: Reviewed By: Approved By: Wendy Kaserman Alan Fenstermacher Chri Assistant City Manager City Attorney City Manager 1 of 2 January 21, 2020, Item #11 VACANCY: NOTICE OF UNSCHEDULED VACANCY NUMBER OF VACANCIES: APPOINTED BY: APPLICATION DEADLINE: Budget Review Committee One (1) - Appointee will fill the position vacated by Dan Mathson whose term expires 12/31/2020. Deputy Mayor Grosch with City Council concurrence. 5:30 p.m. on Monday, December 30, 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. orq by 5:30 p.m. December 30, 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 at 6:00 p.m. in the City Council Chambers, located at Poway City Hall, 13325 Civic Center Drive, Poway. Meetings are scheduled for April 22, April 29, May 6 and May 13, 2020. For further information, contact the City Clerk's Office at cityclerk(c poway.orq or (858) 668-4530. Applications are available in the City Clerk's office, located in Poway City Hall, 13325 Civic Center Drive, Monday through Thursday, 7:30 a.m. to 5:30 p.m., and on alternate Fridays, from 8:00 a.m. until 5:00 p.m., on the City's website at www.poway.org, or by calling the City Clerk's office at 858-668- 4530. POSTING DATE: November 7, 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 November 7, 2019. s/ Faviola Medina Faviola Medina, CMC, City Clerk 2 of 2 ATTACHMENT A January 21, 2020, Item #11 CLOSED SESSION: 12. Conference with Legal Counsel – Anticipated Litigation Government Code § 54956.9(d)(2) – seven (7) cases