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04-07-20 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. Meetings | Pursuant to the Governor’s Executive Order N-29-20, a local legislative body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body, during the period in which local public officials impose measures to promote social distancing. Although this Regular City Council meeting will be held at the Council Chambers located at 13325 Civic Center Drive, Poway, CA 92064, the Council Chamber will not be open to the public. Remote public participation is encouraged in one of the following ways: To Watch Live: To Speak and Participate: www.poway.org/councilmeetings Go to: www.poway.org/meeting Then call: (877) 853 – 5247 Enter Meeting ID: 623 291 9830 Public Meeting Access | Residents are strongly encouraged to participate and view remotely at the April 7, 2020 meeting livestream via www.poway.org/councilmeetings (to watch live), via www.poway.org/meeting (to speak and participate), or on Cox Communications Channel 24 and Time Warner Channel 19. Meetings are rebroadcast on Mondays, Thursdays and Fridays at 6 p.m. and Saturday and Sundays at 3 p.m. Council meeting videos are archived and available for viewing on the City’s website at www.poway.org/councilmeetings. Submission of written comments concerning items on the agenda is encouraged. Technical Support | If viewing online or calling in via telephone, it is recommended to log in at least 15 to 30 minutes prior to the commencement of the meeting. For more information on how to connect, visit www.poway.org/meetinghelp. If you have trouble connecting or accessing the meeting, the Information Technology team is available to help at (858) 668-4451. 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. April 7, 2020 | 7 p.m. AMENDED FRIDAY, APRIL 3, 2020 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. If you wish to speak and are joining the meeting online, please let the City Clerk know prior to the meeting or the announcement of the item by raising your hand digitally. You may speak up to three (3) minutes. The Mayor may reduce this time if there are a large number of speakers. PLEASE NOTE: Comments submitted via email will be accepted until 3:00 p.m. of the meeting date and distributed to the City Council as well as be made available online after the meeting . 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. The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: MOMENT OF SILENCE: PRESENTATION: 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. Approval of the March 3, 2020 Regular City Council Meeting Minutes 2. Poway Housing Successor Annual Housing Report FY 2018-19 3. Set Public Hearing to Consider Adoption of FY 2020-21 Solid Waste Rate Increase for EDCO Waste and Recycling Services ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 4. Resolution Approving 2% Increase in Regional Transportation Congestion Improvement Program Traffic Mitigation Fee for FY20-21, as Required by the TransNet Ordinance City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. 5. An Ordinance Adopting the 2019 Engineering and Traffic Survey City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading and schedule the adoption for April 21, 2020. 6. St. Bartholomew Environmental Assessment, Conditional Use Permit 18-019, Development Review 18-008, and Variance 19-001, a request to expand St. Bartholomew' s Episcopal Church Parish Community Center and Preschool at 16275 Pomerado Road City Manager’s Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt the Resolutions. STAFF REPORTS: 7. La Manda Drive Parking Status City Manager’s Recommendation: This is an informational item and there is no recommended action. 8. A Resolution Approving Midblock Crosswalks on Kirkham Way west of General Atomics Way and on Stowe Drive Between Scripps Poway Parkway and Kirkham Way City Manager’s Recommendation: It is recommended that the City Council adopt the Resolution. 9. Resolution Authorizing the Purchase of Real Property on Twin Peaks Mountain for Open Space (APN #s 314-031-02-00 and 314-032-03-00) City Manager’s Recommendation: It is recommended that the City Council adopt the Resolution, appropriate funds in the amount of $470,560 and authorize the City Manager to execute the documents necessary to complete the acquisition. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: 10. Moratorium on Commercial Evictions 11. Small Business Bridge Loan Program COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 - (G.C. 53232(d)) CITY MANAGER ITEMS: 12. Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic City Manager’s Recommendation: It is recommended that the City Council adopt the Resolution. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) CLOSED SESSION: 13. Conference with Labor Negotiators Government Code Section 54957.6 Designated City Representatives: Chris Hazeltine, Wendy Kaserman, Jodene Dunphy Employee Organizations: Poway Firefighters’ Association 14. Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(d) Name of Case: Petition to State Regional Water Quality Control Board for Reconsideration ADJOURNMENT State of California ) ) ss. AFFIDAVIT OF POSTING County of San Diego ) I, Faviola Medina, CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on April 3, 2020 at 11:00 a.m. Said meeting to be held at 7:00 p.m., April 7, 2020, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on poway.org and the Bulletin Board at the entrance to City Hall. ____________________________________ Faviola Medina, CMC, City Clerk 1 of 5April 7, 2020, Item #1AG EN DA REPORT City of Poway DATE: TO: FROM: SUBJECT: Summary: April 7, 2020 Honorable Mayor and Members of the City Council Faviola Medina, City Clerk (858) 668-4535 or fmedina@poway.org Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: • March 3, 2020 Regular City Council Meeting Minutes CITY COUNCIL 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. March 3, 2020 Regular City Council Meeting Minutes Reviewed/Approved By: ~ c----we1:#; Kaserman Assistant City Manager Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager 2 of 5April 7, 2020, Item #1NOTE: 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 March 3, 2020 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 Deputy Mayor Frank called the Regular Meeting to order at 7:00 p.m. ROLL CALL John Mullin, Barry Leonard, Dave Grosch, Caylin Frank ABSENT Steve Vaus STAFF MEMBERS PRESENT City Manager Chris Hazeltine; Assistant City Manager Wendy Kaserman; City Attorney Alan Fenstermacher; City Clerk Faviola Medina; Development Services Director Bob Manis; Finance Director Aaron Beanan; Human Resources/Risk Management Director Jodene Dunphy; Director of Public Works Eric Heidemann; Fire Chief Jon Canavan; Captain Jeff Duckworth, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Counci/member, City Manager, Assistant City Manager, City Attorney, City Clerk and Director of Finance shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Finance/Finance Officer.) PLEDGE OF ALLEGIANCE Councilmember Leonard led the Pledge of Allegiance. MOMENT OF SILENCE Deputy Mayor Frank led a moment of silence. PRESENTATION Councilmember Grosch presented a proclamation to Madalyn Nguyen form the Poway High School Engineering Academy and the Poway High School Robotics -FRC Team Spyder 1622 recognizing March 12, 2020 as Robotics Day. ATTACHMENT A 3 of 5April 7, 2020, Item #1City of Poway -Minutes -March 3, 2020 PUBLIC COMMENT Ed McCoy with Fairfield Residential encouraged everyone to attend the upcoming open house on Thursday March 19th at the Poway Library to view their redevelopment plans for the Poway Fun Bowl and Carriage Center. Yuri Bohlen spoke regarding the Big Stone Lodge Workshop and expressed his support for a historic passive park in its place. Joe St. Lucas spoke regarding supporting local businesses. Chris Olps spoke regarding the Ordinance that was passed in December related to Council meetings as well as on the status of the La Manda Drive parking. Janet Lettang requested that Council consider Poway Center for the Performing Arts Option 1 b before considering Option 2b. Kathleen Lippit requested that Council consider a ban on flavored tobacco products. CONSENT CALENDAR: Motioned by Councilmember Grosch, seconded by Councilmember Leonard to approve Consent Calendar Items 1 through 3. Motion carried by the following roll-call vote: Ayes: Noes: Abstained: Absent: Disqualified: Mullin, Leonard, Grosch, Frank None None Vaus None 1. Ratification of Warrant Registers for the Periods of January 20, 2020 through January 24, 2020; and January 27, 2020 through January 31, 2020 2. Approval of the February 4, 2020 Regular City Council Meeting Minutes 3. Acceptance of City Facilities Roofing and HVAC Replacement 2018-19, Bid No. 19-012 ORDINANCES FOR INTRODUCTION: None. ORDINANCES FOR ADOPTION: None. PUBLIC HEARINGS: 4. Public Hearing for Approval of New Rate Structures, Two-Year Water, Recycled Water, and Wastewater Rates, and Approval of and Appropriation for One-time Salary Range Adjustments 4 of 5April 7, 2020, Item #1City of Poway -Minutes -March 3, 2020 Deputy Mayor Frank opened the public hearing at 7:21 p.m. Director of Finance Aaron Beanan presented the report along with a slideshow presentation. Mr. Beanan explained that costs of imported water represent approximately 60 percent of the water operating costs and when those costs increase, Poway's water rates are impacted. He went onto explain that the San Diego County Water Authority (SDCWA's) untreated water rate increase is 4.8 percent for 2020 as they were able to use reserves to temper the rate increases out to the member agencies. Mr. Beanan explained that rate-funded capital improvement projects are a significant factor in rate increases and there is over $100 million in water system infrastructure necessary to provide water services to Poway. Mr. Beanan added that there is approximately $12 million in capital improvement projects planned over the next five years. Mr. Beanan stated that staff is recommending a rate increase of 4.5 percent in March 2020, a 4.5 percent increase in January 2021 and one-time salary adjustments for certain water utility positions to bring salaries to median in order to retain specialized positions. Mr. Beanan explained that costs of wastewater treatment represent approximately 44 percent of the operating costs and when those costs increase, Poway's wastewater treatment rates are also impacted. He went onto explain that the San Diego Pure Water program is the largest factor increase in wastewater treatment costs which is projected to supply one-third of the regions water by 2035 and based on current estimates Poway's annual share of costs is approximately $4 million per year over the next five years. Mr. Beanan pointed out that staff had incorporated the anticipated costs in the rate model several years ago to help impact the costs of these projects and as a result, the recommended rate increases for wastewater are lower because staff is using reserves to temper the rate increases. Mr. Beanan explained that rate-funded capital improvement projects are a significant factor in rate increases and there is over $100 million in wastewater infrastructure necessary to provide wastewater services to Poway. Mr. Beanan added that there is approximately $1 million in capital improvement projects planned over the next five years. Mr. Beanan stated that staff is recommending a rate increase of 6.3 percent in March 2020, a 6.3 percent increase in January 2021 arid one-time salary adjustments for certain water utility positions to bring salaries to median in order to retain specialized positions. Yuri Bohlen expressed that the rate increases should be based off use. Jack Russ spoke in opposition to the new rate structures. Deputy Mayor Frank closed the public hearing at 7:37 p.m. and requested that the Clerk provide a total number of protests received. City Clerk Medina reported that a total of 186 written protests were received which does not constitute a majority protest against the water and sewer rate increases. Council discussion ensued in favor of the new two-year rate structures for water, recycled water, and wastewater rates and the appropriation for one-time salary range adjustments. Motioned by Councilmember Mullin, seconded by Councilmember Leonard to adopt Resolution No. 20-008 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Water Service Charges and Rates per Section 13.11.120 of the Poway Municipal Code." Motion carried 4/0/1, with Mayor Vaus absent. 5 of 5April 7, 2020, Item #1City of Poway -Minutes -March 3, 2020 Motioned by Councilmember Grosch, seconded by Councilmember Mullin to adopt Resolution No. 20-009 entitled "A Resolution of the City Council of the City of Poway, California, Establishing Sewer Service Charges and Rates per Section 13.03.010 of the Poway Municipal Code." Motion carried 4/0/1, with Mayor Vaus absent. Motioned by Councilmember Leonard, seconded by Councilmember Mullin to adopt Resolution No. 20-010 entitled "A Resolution of the City Council of the City of Poway, California, Approving the Management/Confidential Salary Schedule and the Non-Safety Teamsters Salary Schedule." Motion carried 4/0/1, with Mayor Vaus absent. STAFF REPORTS: None. WORKSHOPS: None. COUNCIL-INITIATED ITEMS: None. COUNCIL COMMITTEE REPORTS and ANNOUNCEMENTS: Pursuant to AB1234 -(G.C. 53232(d)) The Mayor and Council made announcements and reported on various events taking place in the City. No action was taken. Councilmember Mullin provided an update on the recent meeting of the Metro Wastewater Commission where they spoke regarding the contract award for the Pure Water Project. CITY MANAGER ITEMS: None. CITY ATTORNEY ITEMS: (Including any public report of any action taken in closed session) None. ADJOURNMENT The meeting adjourned at 7:56 p.m. Faviola Medina, CMC City Clerk City of Poway, California April 7, 2020, Item #2AGENDA REPORT CityofPoway DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 7, 2020 Honorable Chairman and Members of the Housing Authority Robert Manis, Director of Development Services Marie Sanders, Senior Management Analyst (858) 668-4637 or msanders@poway.org Poway Housing Successor Annual Report FY2018-19 CITY COUNCIL Pursuant to California Health and Safety Code Sections 34176 and 34176.1 (f) (Dissolution Law), the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, must prepare an annual report detailing its activities during each fiscal year. The Poway Housing Successor Annual Report for Fiscal Year 2018-19 (Attachment A), and the Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ended June 30, 2019 (Attachment B), are included with this agenda report for review by the Poway Housing Authority. Recommended Action: It is recommended that the Poway Housing Authority Board receive and file this report. Discussion: Part 1.85, Division 24 of the California Health and Safety Code, particularly Sections 34176 and 34176.1 (f), require that the Housing Successor provide an annual report of the Successor's activities during the prior fiscal year. The purpose of the report is to provide the governing body of the Housing Successor with an annual report on the housing assets and activities of the Housing Successor. The report is to be provided to the Poway Housing Authority Board, along with an independent financial audit of the Low-and Moderate-Income Housing Asset Fund within six months after the end of each fiscal year. Due to Poway's annual timing for completion of the Housing Authority audit, it is not possible for this report to be completed within the six-month period. However, there is no penalty for delayed submission of the report. Environmental Review: This item is not subject to California Environmental Quality Act (CEQA) review. 1 of 35 April 7, 2020, Item #2Fiscal Impact: There is no fiscal impact associated with this item. Public Notification: None. Attachments: A. Poway Housing Successor Annual Report for Fiscal Year 2018-19 B. Poway Housing Authority Basic Financial Statements and Independent Auditors Report for the year ended June 30, 2019 Reviewed/ Approved By: Assistant City Manager 2 of35 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 7, 2020, Item #2POWAY HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW-AND MODERATE-INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2018-2019 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE POWAY HOUSING AUTHORITY This Housing Successor Annual Report (Report) regarding the Low-and Moderate-Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1 (f) and is dated as of April 7, 2020. This Report sets forth certain details of the Poway Housing Authority, in its capacity as Housing Successor to the dissolved Poway Redevelopment Agency, activities during Fiscal Year 2018-19 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the Poway Housing Authority Basic Financial Statements and Independent Auditor's Report for Fiscal Year 2018-19 as prepared by Davis Farr, LLP, which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XI I., inclusive, pursuant to the Dissolution Law: I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. Ill. Description of Expenditures from LMIHAF: This section provides a categorized description of the expenditures made from the LMIHAF during the Fiscal Year. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. V. Description of Transfers: This section describes transfers pursuant to Health and Safety Code Section 34176.1 (c)(2), if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, the Housing Successor must provide a status update on the project. The Poway Housing Successor has acquired two properties since February 1, 2012. VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1 (a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014, and whether the statutory thresholds have been met. X. Senior Housing Test: This section provides the percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2009 to December 31, 2018. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of monies from the Low-and Moderate-Income Housing Fund pursuant to subdivision (f) of Section 33334.3. Inventory shall include the following: a) the number of those units; b) in the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses; c) any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low-and Moderate-Income Housing Fund; and d) whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2I. AMOUNT DEPOSITED INTO LMIHAF A total of $200,480 was deposited into the LMIHAF during the Fiscal Year, as detailed on page 9 of the Audit. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $2,199,704 none of which is being held for items listed on the ROPS. This includes $1,601,381 in cash and investments, and $610,976 in housing loans receivable, less $40,252 in liabilities. The $610,976 is due from the Successor Agency and represents the Housing Authority's 20% of the former Redevelopment Agency's loan balance, and repayment is subject to approval by the California Department of Finance. Ill. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Fiscal Year 2018/19 Monitoring & Administration Expenditures $8,161 Homeless Prevention & Rapid Rehousing Expenditures $0 Housing Development Expenditures $764,063 Total LMIHAF Expenditures in Fiscal Year $772,224 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181 {f), and the purchase price of properties purchased by the Housing Successor. Further, the value of loans and grants receivable are included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor: End of FY2019 Cash and Cash Equivalents $1,601,381 Statutory Value of Real Property Owned by Housing Authority $18,582,674 Value of Loans and Grants Receivable $610,976 Total Value of Housing Successor Assets $20,822,630 V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1 ( c)(2) during the Fiscal Year. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2VI. PROJECT DESCRIPTIONS The Housing Successor did not receive and did not hold property tax revenue pursuant to the ROPS. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, and transferred to the Successor Agency pursuant to Health and Safety Code Section 34176, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset on the Housing Asset Transfer Form; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. Poway's Housing Assets Transfer Form was approved by the DOF on August 31, 2012. The following provides a status update on the real property housing assets that were acquired by the former redevelopment agency prior to February 1, 2012, and transferred to the Housing Successor on February 1, 2012, and compliance with the five-year period to commence development activities. APN Street Address Date of Size Status Purchase 27546061 1267 4 Monte Vista Rd 02/22/2000 2.06 Acres Leased Land. Leased to local company for non-housing use. 31747201 13021-13023 Poway Rd 03/26/2002 2.6 Acres On 3/19/19 City Council adopted a DDLA which includes the eventual transfer 31747206 13031 Poway Rd 03/30/2010 .24 Acres and sale of these two properties to the city and a developer as part of a mixed-use development. The transfer will result in building a new senior affordable housing development on a smaller city-owned property, with 44 units; the same density as the two parcels. 32119028 Twin Peaks Rd 11/03/2004 2.15 Acres Vacant land. Occasionally leased for non-housing use. 31715214 12341 Oak Knoll Rd 03/23/2011 3.18Acres On 4/19/19 the land was sold to a developer to build a 53-unit low-income (30-60% AMI) complex for developmentally disabled adults, pursuant to a DDLA approved on 10/4/2016. The project is currently under construction and is expected to POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2be complete by December 2020. 31423026 13424 Scots Way 08/27/2002 0.70 Acres Vacant land. Due to access issues, development options are actively beinQ evaluated. 31421418 14048 Sycamore Ave 06/30/2005 0.32 Acres Vacant land. Development options are being evaluated. 31710151 Floodway adjacent to 08/27/2004 2.15 Acres Vacant land (remnant parcel & 52 the Sciara Affordable from development of adjacent Housing Development Sciara affordable housing development). Property is in the floodway and cannot be developed. The following provides a status update on real property housing assets that were acquired by the Housing Successor after February 1, 2012. APN Street Address PDateh of Size Status urc ase 31723222 12207 & 12237 Old 01/9/2018 1.07 Acres Future affordable housing site. & 36 Pomerado Road Demolition of site to be completed in FY21. VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. Furthermore, the Housing Successor has not caused the demolition of any units and no new replacement housing obligations have been created. lnclusionary/Production Housing. According to the 2010-2014 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at http://poway.org/207 /Affordable-Housing. IX. EXTREMELY LOW-INCOME TEST This section provides the information required by Section 34176.1 (a)(3)(B), or a description of expenditures by income restriction for five-year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Section 34176.1 (a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF, after expenditures allowed pursuant to Code section 34176.1 (a)(1) and (2,) to be expended for development of housing affordable to, and occupied by, households earning 30% or less of the AMI. If the housing successor fails to comply with the extremely low income requirement in any five year report beginning with the five year report to be issued in 2019, then the housing successor shall ensure that at least 50% of these remaining LMIHAF funds expended in each fiscal POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2year following the latest fiscal year following the five year report are expended for the development of rental housing affordable to, and occupied by, households earning 30% or less of the area AMI until the housing successor demonstrates compliance with the extremely low-income requirement in an annual report. This information is not required to be reported until 2019 for the 2014 -2019 reporting period. The following provides the Housing Successor's Extremely Low-Income Housing Test for the five (5) year period of July 1, 2014 through June 30, 2019. Housing Development Low-Very Low-Extremely Total Expenditure from the LMIHAF Income Income Low-Income LMIHAF By Income Level (80% or Less AMI) (60% or Less AMI) (30% or Less AMI) Spent FY 2014/2015 0 0 0 0 FY 2015/2016 0 0 0 0 FY 2016/2017 0 0 0 0 FY 2017/2018 0 0 0 0 FY 2018/2019 0 $350,000 $350,000 $700,000 Total 0 $350,000 $350,000 $700,000 % Spent by Income Level 0% 50% 50% 100% X. SENIOR HOUSING TEST The Housing Successor is required to calculate the percentage of units of deed-restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10-year period of January 1, 2009 through December 31, 2018: Housing Test 2009-2018 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 182 Senior Housing Percentage 0% XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1 (d) as an unencumbered amount in the LMIHAF account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the LMIHAF account during the Housing Successor's preceding four Fiscal Years, whichever is greater. A total of $1,036,719 has been deposited into the account in the four previous fiscal years with the 2018-19 Fiscal Year-end cash balance in the account being $1,508,765. The LMIHAF, therefore, POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #2has an excess surplus of $472,046. The Housing Successor plans to eliminate the $472,046 of excess surplus (in addition to the $299,805 excess surplus from FY17-18) by distributing approximately $1,500,000 of an approved development loan for APN 31710106 in FY 2021, for the construction of the project site. The following provides the Excess Surplus test for the preceding four Fiscal Years: FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 Total FY14-18 Beginning Balance $1,576,008 $1,687,392 $1,463,129 $2,117,450 Add: Deposits $224,682 $386,580 $184,553 $240,904 $1,036,719 Transfers In --$820,000 -(Less) Expenditures $(113,298) $(86,524) $(54,552) $(772,223) Transfers Out --($820,000) -(Less) Commitments -$(524,319) $(289,794) $(77,366) Uncommitted $1,687,392 $1,463,129 $1,303,336 $1,508,765 Balance XII. HOMEOWNERSHIP UNITS The Housing Successor is to provide an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of monies from the LMIHAF pursuant to Section 33334.3(f). The inventory for the Housing Successor is as follows: Current Inventory Number of Units Restricted Homeownership Units as of 12/31/2019 30 Add: Restricted Homeowner Units Added by Housing Successor (January 0 1, 2019 through December 31, 2019) (Less): Restricted Homeowner Units Lost to Portfolio (January 1, 2019 0 through December 31, 2019) Additionally, no inventory was lost in 2019. A total of $0 was returned to the Housing Successor as a result of the restrictions adopted to protect the former redevelopment agency's investment in LMIHAF monies and the Housing Successor did not contract with an outside entity for the management of the ownership portfolio. POWAY HOUSING SUCCESSOR ANNUAL REPORT FISCAL YEAR 2018 -2019 April 7, 2020, Item #210 of 35 POWAY HOUSING AUTHORITY (A Component Unit of the City of Poway) Financial Statements Year Ended June 30, 2019 ATTACHMENT B April 7, 2020, Item #2POWAY HOUSING AUTHORITY Table of Contents Year Ended June 30, 2019 Independent Auditor's Report . ........ ... .. ... . ... .... ...... ... ...... . .. ... .. .. .. ... . ... . ... ... .. ..... .... .. .. .. ... . ....... .... .. .. . .. 1 Basic Financial Statements Government-Wide Financial Statements Statement of Net Position ......................................................................................................... 5 Statement of Activities ............................................................................................................... 6 Fund Financial Statements Balance Sheet ............................................................................................................................ 7 Reconciliation of the Balance Sheet of the Governmental Fund to the Statement of Net Position ................................................................................................... 8 . Statement of Revenues, Expenditures and Changes in Fund Balance ..................................... 9 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund to the Statement of Activities ....................... 10 Notes to the Basic Financial Statements.................................................................................... 11 Required Supplementary Information (Unaudited) Budgetary Comparison Schedule ................................................................................................. 20 Note to Budgetary.Comparison Schedule .................................................................................... 21 Report on Internal Control Over.Financial Reporting and on Compliance and Other Matters based on Audit of Financial Statements Performed in Accordance with Government Auditing Standards ············································~···············.. 23 11 of 35 April 7, 2020, Item #2Davis Farr LLP 2301 Dupont Ori e I Suite 200 I Irvine, CA 92612 Main: 949.474.2020 I Fox: 949.26.3.5520 INDEPENDENT AUDITOR'S REPORT Poway Housing Authority City of Poway Poway, California Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of the Poway Housing Authority (the Authority), a component unit of the City of Poway, California, as of and for the year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as li_sted in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility .·. . ·. . . . . . Our responsibility is to express opinions onthese financial.statements ~ased, on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of Amerka and the standards applicable to financial audits contained in Govern,nent Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasona_ble assurance about whether the financial statements are free from material misstatement. An audit involves performing proced(fres to obtain audit eviden~e a_boutthe amountsand disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Authority's preparati_on ~nd fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control. Accordingly, we express no such opinion'. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, arid each major fund the Authority, as of June 30, 2019, and the respective changes in financial position thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. 12 of 35 1 April 7, 2020, Item #2Emphasis of a Matter As described more fully in Note 1, the basic component unit financial statements present only the Authority and are not intended to present fairly the financial position and results of operations of the City of Poway, California in conformity with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Management has omitted management's discussion and analysis that accounting principles generally accepted_ in the Ur1ited States of America require to be presented to supplement the basic financial statements.· . Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an esser:,tiaJ,part 9f th~ finan~i_al reporting for placing the basic. fin~ncial statements in an appropriate" operati?nal, economic, or,hi~toric_ai context. Our opi.nion on the basic fin,iincial statements is not affected by this" ~issing informa_ tion. . ' , !-: , ~ • : : . -, . ·.• . • • i .• . . . . . . . . ·',; Other Reporting.Required by ·c;o~ernment Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 31, ~019 on our considerc:1tion of the Authority's internal control over financial reporting and on our tests of its compliance with certain· provisions of laws, regulations, contracts, and grant agreements and other ry1.at~ers. The purpose of _thctt rep9rt is to describe the scopeof our t~sting of _internal cgntrol over financial reporting and compliance and the results of that testing, and not to provide a·n opinion on internal control over financial reporting or on compliance. T~_at report is an integral part_ of an audit performed in accord~nce with Government Auditing Standards in considering the· Authqrity's internal control over financial reporting and compliance. · -frvine, California December 31, 2019 13 of 35 April 7, 2020, Item #2This page intentionally left blank. 14 of 35 3 April 7, 2020, Item #2BASIC FINANOAL STATEMENTS 15 of 35 4 April 7, 2020, Item #216 of 35 ASSETS Poway Housing Authority Statement of Net Position June 30, 2019 Cash and investments (Note 2) Accounts receivable Due from other governments Capital assets (Note 3) Total assets LIABILITIES Accounts payable Unearned revenue Total liabilities ··-· NET POSITION Investment in capital assets Unrestricted Total net position $ ··$ See accompanying notes to financial statements 5 1,601,381 27,599 610,976 18,582,674 20,822,630 10,616 29,636 40,~52 18,582,674 2,199,704 20,782;378 April 7, 2020, Item #2Functions/Programs Governmental activities: General government Development services Total governmental activities 17 of 35 $ $ Poway Housing Authority Statement of Activities Year Ended June 30, 2019 Expenses 8,161 764,063 772,224 Program Revenues Charges for Services 48,259 48,259 General Revenues Investment income Other Operating Contributions and Grants Total general revenues and transfers Change in net position Net position, beginning Net position, ending See accompanying notes to financial statements 6 Capital Contributions and Grants Totals 2019 40,098 (764,063) (723,965) 84,350 67,871 152,221 (571,744) 21,354,122 $20,782,378 April 7, 2020, Item #218 of 35 ASSETS Cash and investments Accounts receivable Poway Housing Authority Balance Sheet Governmental Fund June 30, 2019 Due from other governments Total assets LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Unearned revenue Total liabilities FUND BALANCE Un restricted Total fund balances Total liabilities and fund balance $ $ $ $ See accompanying notes to financial statements 7 1,601,381 27,599 610,976 2,239,956 10,616 29,636 40,252 2,199,704 2,19!3,704 2,239,956 April 7, 2020, Item #2Poway Housing Authority Reconciliation of the Balance Sheet of Governmental Fund to the Statement of Net Position June 30, 2019 Total Governmental Fund Balance Amounts reported for governmental activities in the Statement of Net Position were different because: Capital assets used in governmental activities were not current financial resources and, therefore, were not reported in the funds. Net position of governmental activities See accompanying notes to financial statements 19 of 35 8 $ 2,199,704 18,582,674 $ 20,782,378 April 7, 2020, Item #220 of 35 Poway Housing Authority Statement of Revenues, Expenditures and Changes in Fund Balance Governmental Fund Year Ended June 30, 2019 REVENUES Lease revenue $ 48,259 Investment income 84,350 Reimbursement agreement fees 67,871 Total revenues 200,480 EXPENDITURES Current: General government 8,161 Development services 764,063 Total expenditures 772,224 Net chang·e in fund balance (571,744) Fund balances,-beginning of year 2,771,448 Fund balances, end of year $ 2,199,704 See accompanying notes to financial statements 9 April 7, 2020, Item #2Poway Housing Authority Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of Governmental Fund to the Statement of Activities VearEndedJune3~2019 Net change in fund balance -total governmental fund Amounts reported for governmental activities in the Statement of Activities were different because: Governmental funds report ~apital outlay as expenditures. However, in the Government-Wide_ State111ent of Activities, -the cost -~f .those ass'~ts will, be allocated over their estim·ated useful lives as -d~preciation expense. Capital asset expenditures Change in net position of governmental activities See accompanying notes to financial statements 21 of 35 10 $ {571,744) $ {571,744) April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Year Ended June 30, 2019 Note 1-Reporting Entity and Summary of Significant Accounting Policies The accounting policies of the Poway Housing Authority (Authority) conform to accounting principles generally accepted in the United States of America as applicable to governments. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for governmental accounting and financial reporting principles. The following is a summary of the Authority's significant accounting policies: A. Description of Reporting Entity On March 1, 2011, the City Council of the City of Poway declared a need for a housing authority in the City of Poway and adopted a resolution forming the Poway Housing Authority. The creation of the Housing Authority provides the City legal authority to continue monitoring ongoing rent and income compliance at affordable housing developments. The former Poway Redevelopment Agency (Agency) arid the Authority prepared a Cooperation Agreem·ent to provide for implementation of certain low and moderate .income housing projects and to make payments by:the Agency to the Authority for the costs to the. Authority for performing its obligations. The Agency was dissolved due to the passage of Assembly Bill_ Xl 26 which became effective on October 1, 2011. In accordance with Health and Safety code 3417S(b), on February 1, 2012, all housing assets, liabilities and fund balance of the Agency were transferred to the Authority as the Successor Ag~ncy to the_ Poway Redevelopment Agency. The Authority meets the criteria set forth in U.S. GAAP for;inclus.ion as a blended ~omponent unit withi~ the City reporting entity based on the City's oversight responsibHity in selection of the governing board. In addition, all of the Authority's activities are conducted within t~e geographic bounda_ries ofthe City. Blended component units, although legally separate entities, are, in . substance, part of the City's operations; therefore, data from these units are combined with data of the primary government in the financial. statement presentation of the City. Only the funds of the -Authority are indude9 herein; therefore, these financial statements do not purport to represent the-. financial position or, results of operations of the City. 8. Basis of Accounting/Measurement Focus The accounts of the.Authority are organized on the basis ofJunds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred_ inflows of resources, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental resources are a-llocated to and accounted for in individual funds based up_on the purposes for which they are to be spent and the means bywhich spending activities are controlled. 22 of 35 11 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Vear Ended June 30, 2019 Note 1-Summary of Significant Accounting Policies (Continued) Government-Wide Financial Statements The Authority's Government-Wide Financial Statements include a Statement of Net Position and a Statement of Activities. These statements present summaries of governmental activities for the Authority. These basic financial statements are presented on an /;economic resources" measurement focus and the accrual basis of accounting. Accordingly, all of the Authority's assets and liabilities, including capital assets, as well as infrastructure assets, and long-term liabilities, are included in the accompanying Statement of Net Position. The Statement of Activities presents changes in net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses·.are recognized in the,period inwhich the liability is incurred. Certain types of transactio_ns are reported as program revenues for the Authority in three categories: • Charges for services • Operating grants and contributions • Capital grants and contributions Governmental Fund Financial Statements Governmental fund financial-,statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for the governmental fund; An accompanying schedule is presented to· reconcile and explain the differences in fund balance as presented in these statements to the net position presented in the Government-Wide Financial Statements. All governmental funds are accounted for on a spending or "current financial resources/I.measurement focus and the modified accrual basis ofaccounting. Accordingly, only current assets and current liabilities are included on the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balance presents increases (revenues and other financing sources} and decreases (expenditures and other financing uses} in net current assets. Under modified accrual basis of accounting, revenues are recognized in ttie accounting period in which they become both measurable and available to finance expenditures of the current period. Revenues are recorded when received in cash, except that revenues subject to accrual (generally 60 days after year-end} are recognized when due. The primary revenue sources, which have been treated as susceptible to accrual by the Authority, are property tax, and intergovernmental revenues. Expenditures are recorded in the accounting period inwhich the related fund liability is incurred. 23 of 35 12 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements YearEndedJune30,2019 Note 1-Summary of Significant Accounting Policies (Continued) Unearned revenues arise when the government receives resources before it has a legal claim to them, as when grant monies are received prior to incurring qualifying expenditures. In subsequent periods when both revenue recognition criteria are met or when the government has a legal claim to the resources, the unearned revenue is removed from the balance sheet and revenue is recognized. The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of generally accepted accounting principles. · · -Fund Accounting The Authority uses funds to maintain its fjnancial records during -~he year. A fund is defined as a fiscal and accounting entity with a self-balancing set of accounts. The Authority only has one governmental fund. Govern"?ental Fund Housing Authority Fund -The Housing Authority Fund is the Authority's operating fund. It accounts for all financial resources of the general government. C. Cash and lnves(ments The Authority's cash and investment balances are included in the City's investment pool. The City pools cash resources from all City funds in order to facilitate the management of cash and achieve the goal of obtaining the highest yield with the greatest safety and least risk. The balance in the pooled cash account is available to meet current operating requirements. Cash in excess of current requirements is invested in various interest-bearing accounts and other investments for varying terms. Investments are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily available. The City participates in an investment pool managed by the State. of California titled Local Agency Investment Fund ("LAIF")which has invested a portion of the. pool funds in structured notes and asset-backed securities. LAIF determines fair value on its investment portfolio based on market quotations for those securities where market quotations are readily available and based on amortized cost or best estimate for those securities where market value is not readily available. LAIF investme-nts are subject to credit risk with t~e foll faith and credit of the State of California collateralizing these investments. In addition, these investments are subject to market risk and changes in interest rates. Cash equivalents_ are considered amounts in demand deposits and short-term investments with a maturity date within_ three months of the date acquired by the Authority and are presented as "Cash and investments" in the accompanying basic financial statements. 24 of 35 13 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Vear Ended June 30, 2019 Note 1-Reporting Entity and Summary of Significant Accounting Policies (Continued) D. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., roads, streets, sidewalks, medians and storm drains) are reported in the Government-Wide Financial Statements. Authority policy has set the capitalization threshold for reporting capital assets at $5,000. Capital assets are valued at historical cost or estimated historical cost if actual historical cost was not available. Donated assets are valued at their estimated acquisition value on the date donated. Depreciation is recorded on a straight-line basis over estimated useful lives of the assets as follows: Buildings Building imp-rovements Furniture and equipment Infrastructure 10-50 years -· 10-100 yea rs 5-20 years 20-50 years E. Deferred Outflows/In/lows of Resources In addition to assets, the·balance sheet will sometimes report a separate section for-deferred outflows of resources. This separate. finandal statement element, deferred outflows of resources, .represents a consumption offund balance that applies to future periods and so will not be recognized as an outflow of resources (expenditure) until then. The Authority currently has no items that qualify for reporting in this catego_ry. In addition to liabilities, the balance sheet will sometimes report a separc1te section for deferred inflows of _resources. This separate financial element, deferred inflows of resources, represents an acquisition of fund balance that applies to-future periods and so will not be recognized as an inflow of resources (revenue) until that time. The Authority currently has no items that quaJify for reporting in this category. F. Net Position Net position is comprised of the various net earnings from operating income, non-operating revenues and expenses. Netposition is classified in the following categories: Net Investment in Capital Assets -This component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of debt that are attributable to the acquisition, construction, or improvement of those assets. Restricted -This component of net position consists of restricted assets and deferred outflows of resources reduced by liabilities and deferred inflows of resources related to those assets. Unrestricted -This component of net position is the amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position. When an expense is incurred for purposes for which both restricted and unrestricted net position are available, the Authority's policy is to apply restricted net position first. 25 of 35 14 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Vear Ended June 30, 2019 Note 1-Summary of Significant Accounting Policies (Continued) G. Fund Balances In the governmental fund financial statements, fund balances are classified in the following categories: Nonspendable -Nonspendable fund balances are items that cannot be spent because they are not in spendable form, such as prepaid items and inventories, items that are legally or contractually required to be maintained intact, such as principal of an endowment or revolving loan funds. Restricted -Restricted fund balances encompass the portion of net fund resources subject to externally enforceable legal restrictions. This includes externally imposed restrictions by creditors, such as through debt covenants, grantors, contributions, laws or regulations of other governments, as well as restrictions imposed by law t~rough constitutional provisions or enabling legislation. Committed---, Committed fund balances encompass the portion of net fund resources, the use of which is constrained by limitations that the government imposes upon itself at its highest level of decision making, normally the governing body through council resolutions, etc., and that remain binding unless removed in the same manner. The Board of Commissioners is considered-the highest authority for the Authority. Assigned -Assigned fund balances encompass the portion of net fund resources reflecting the government's intended use of resources. Assignment of resources can be done by the highest level of decision making or by a committee or official designated for that purpose. The Board of Commissioners has authorized the Executive Dir_ector for that purpose. Unassigned -This category is for any remaining balances that are not classified as nonspendable, restricted, committed or assigned. When expenditures are incurre_d for purposes for which both restricted and unrestricted fund balances are available, the Authority's policy is to apply restricted fund balances first, then unrestricted fund balances as they are needed. When expenditures are incurred for purposes where only unrestricted fund balances are available, the Authority uses the unrestricted resources in the following order: committed, assigned, and unassigned. H. Estimates The preparation of financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 26 of 35 15 April 7, 2020, Item #2Note 2 -Cash and Investments POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Year Ended June 30, 2019 Equity in Cash and Investment Pool of the City of Poway The Authority does not have a separate bank account; however, the Authority's cash and investments are maintained in an investment pool managed by the City. The Authority is a voluntary participant in that pool. This pool is governed by and under the regulatory oversight of the Investment Policy adopted by the City Council of the City. The Authority has not adopted an investment policy separate from that of the City. The fair value of the Authority's:-investme11t in this pool is reported in the accompanying financial statements at amounts based upon the. Authority's pro-rata share of the fair value calculated by the City for the entire City portfolio. The balance available for withdrawal is based on the accounting records maintained by the City, which are recorded on an original cost basis. At June 30, 2019, the Authority had a cash balance of $1,601,381. Note 3 -Capital Assets The summary of changes in capital assets for the year ended June 30, 2019 is as follows: Capital assets, not being ·depreciated: Land Total capital assets, not being depreciated. Governmental activities -capital · assets Note 4 -Related Party Transactions. Balance. Balance June 30, 2018 Additions Deletions June 30, 2019 $18,582,674 18,582,674 18,582,674 18,582,674 $18,582,674 18,582,674 In an effort to ensure that the objectives of Poway's Redevelopment Plan and the Poway Redevelopment Agency's (Agency) 5-Year Implementation Plan are fulfilled, on March 11, 2011, the Agency transferred all housing-related assets to the Authority through a Cooperation. Agreement between the Agency and the Authority. Under the terms of this agreement, the Authority agreed to respectively carry out the projects and activities of the Agency in accordance with the objectives and purposes included in -the Redevelopment and Implementation Plans. Projects included in the Cooperation Agreement between the Agency and the Authority further the goals of the Redevelopment Plan. It was initially anticipated that these projects would be funded based on available tax increment to be received through 2037, but because of the dissolution of the Agency under AB Xl 26, tax increment revenue has been eliminated, and therefore, no funding for these projects from that source is available. Future project funding will come from the management of the Authority's assets and may include interest revenue, lease revenue, residual receipt revenue and the sale of assets. 27 of 35 16 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Notes to Basic Financial Statements Year Ended June 30, 2019 Note 5 -Rehabilitation Loan Program Housing Rehabilitation Loan Program Non-forgivable loans are due upon the sale, transfer or foreclosure of the property. Due to the contingent repayment schedule of these loans, an expenditure is recorded when the loan is made, and no receivable is included in the accompanying basic financial statements. The balance of the non-forgivable rehabilitation loans at June 30, 2019 is $7,870. Affordable Housing Loans These loans are made to aid in the purchase of affordable housing in the City of Poway. They are for a 45 year term with no interest and if there is a sale, transfer, or foreclosure before the end of the term, the loan must be assumed by an income-qualified buyer and the 45 year term starts over. Due to the contingent nature of the repayment schedule of these loans, an expenditure is recorded when the loan is made, and no receivable is included in the accompanying basic financial statements. The balance of these Affordable Housing loans at June 30, 2019 is $2,690,132. Development Loans The City, through the Housing Authority, has development loans primarily for affordable rental housing projects and for one group home for the developmentally disabled. The affordable rental housing loans have 55 year terms with three percent simple interest. Loan payments are made from residual receipts and generally do not cover the annual accrued interest. Therefore, due to the contingent nature of the repayment schedule of these loans, an expenditure is recorded when the loan is made, and no receivable is included in the accompanying basic financial statements. The balance of the development loans, including accrued interest, at June 30, 2019 is $37,352,834. 28 of 35 17 April 7, 2020, Item #2This page intentionally left blank. 29 of 35 18 April 7, 2020, Item #2Required Supplementary Information 30 of 35 19 April 7, 2020, Item #2REVENUES Charges for services $ Investment income Other revenues Total revenues EXPENDITURES Current: General government Development services Total expenditures Excess (deficiency) of revenues over (under) expenditures Net change in fund balance $ Fund balance, beginning of year Fund balance, end of year 31 of 35 POWAY HOUSING AUTHORITY Budgetary Comparison Schedule Year Ended June 30, 2019 Budget Amounts Original Final 61,640 61,640 40,070 40,070 40,000 40,000 141,710 141,710 7,700 17,704 130,000 943,110 . 137,700 960,814 4,010 (819,104) 4,010 (819,104) 20 Actual Variance with Amounts Final Budget 48,259 (13,381) 84,350 44,280 67,871 27,871 200,480 58,770 8,161 9,543 764,063 179,047 .· 772,224 188,590 (571,744) 247,360 (571,744) 247,360 2,771,448 $ 2,199,704 April 7, 2020, Item #2POWAY HOUSING AUTHORITY Note to Budgetary Comparison Schedule YearEndedJune3~2019 Note 1-Budgetary Information The Authority adopts an annual budget prepared on the modified accrual basis for its major fund. The Executive Director is required to prepare and submit to the Authority's Board of Directors the annual budget of the Authority and administer it after adoption. Any revisions that alter the total appropriations of any fund must be approved by the Board of Directors. Prior year appropriations lapse unless they are encumbered at year-end or re-appropriated through the formal budget process. For the major fund, total expenditures may not legally exceed total appropriations. Budget information is presented for the major fund on a basis consistent with generally accepted accounting principles. Budgeted revenue and expenditure amounts represent the original budget modified for adj~stments .during the year. 32 of 35 21 April 7, 2020, Item #2This page intentionally left blank. 33 of 35 22 April 7, 2020, Item #2Poway Housing Authority City of Poway Poway, California INDEPENDENT AUDITOR'S REPORT Davis Farr LLP 2301 Dupont Ori e I Suite 200 I Irvine. CA 92612 Main: 949.474.2020 I Fox: 949.263.5520 Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the finc1ncial statements of the governmental activities, and the major fund of the Housing Authority of the City of Poway (Authority), a component unit of the City of Poway (City) as of and for the year ended June 30, 2019, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements, and have issued our report tbereon dated December 31, 2019. Internal Control pver Financial Reporting In planning and performing our aud_it of the financial statements, we considered the Authority's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of The Authority's internal control. Accordingly, we do not express an opinion on the effectiveness of the Authority's internal control. · A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination .of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a materialweakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts; and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 34 of 35 23 April 7, 2020, Item #2Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Authority's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California December 31, 2019 35 of 35 April 7, 2020, Item #3DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL April 7, 2020 Honorable Mayor and Members of the City Co~~:il Eric Heidemann, Director of Public Works 0 K' ¥ Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4750 or wwiley@poway.org Set Public Hearing to Consider Adoption of FY 2020-21 Solid Waste Rate Increase for EDCO Waste and Recycling Services The City of Poway (City) has a Franchise Agreement (Agreement) with EDCO Waste and Recycling Services (EDCO) to provide residential and commercial solid waste, recyclables and green waste collection services. The Agreement allows for annual rate adjustments based on increases in the San Diego-Carlsbad area Consumer Price Index (CPI) and increases in solid waste disposal fees under the Regional Solid Waste Association (RSWA) Agreement, to which Poway is a party. EDCO has submitted a rate review adjustment request for FY 2020-21. The CPI increased 1.93 percent from the second half of 2018 to the second half of 2019, and the disposal fee increased 2.59 percent, or $45.54 per ton. Therefore, the proposed monthly rate for the most common residential service would increase from $22.33 to $22.78 (not including the $3.68 organics commingled service fee) and the monthly commercial rate for the most common service (three-yard bin serviced once per week) will increase from $114.02 to $116.43 (not including additional organic commingled service fee). Recommended Action: It is recommended that the City Council direct staff to set the public hearing for June 2, 2020, and proceed with the Proposition 218 process which includes the notice of public hearing to customers on behalf of the City (Attachment A). Discussion: The City has an exclusive Agreement with EDCO for solid waste, recyclables and green waste collection services (solid waste). The Agreement establishes the annual procedure and methodology for setting rates for residential and commercial solid waste collection. On February 29, 2020, EDCO proposed an adjustment in the solid waste rates in accordance with Section 8 of the Agreement. The full rate review package can be found in Attachment B. The City's residential collection service rates are comprised of four components: 1) service fee; 2) disposal fee; 3) AB 939 fee; and 4) franchise fee. The City's 1 of 25 April 7, 2020, Item #3commercial collection service rates are comprised of three components: 1) service fee; 2) disposal fee; and 3) franchise fees. Adjustments to the service fee and disposal component of rates (residential and commercial) are proposed at this time based on changes in CPI and disposal fee methodologies specified in the RSWA Agreement with EDCO. In addition, a special rate adjustment to the single-family residential and commercial collection rates for commingled organics is requested. No increases to the AB 939 fee or changes in the percentage collected for franchise fees are being requested at this time. Service Fee: The Agreement allows for annual percentage increases in the service fee component to EDCO's solid waste collection rates up to the annual percentage increase in the San Diego-Carlsbad area CPI for All Urban Consumers (all items), base period of 1982-1984=100, published by the United States Department of Labor, Bureau of Labor Statistics. The CPI adjustment is based on the second half of the previous twelve-month period for which statistics are available. The formula used to calculate the percentage change for the service fee portion of the base rate is calculated by determining the difference between the San Diego CPI for the second half of 2018 (295.018) and the second half of 2019 (300.718), then dividing the index change (5.70 points) by the CPI of the previous period (295.018) and multiplying that by 100, which results in an increase of 1.93 percent. This is the multiplier used for the service fee portion of the residential and commercial solid waste collection rates. The CPI increase is meant to account for increase costs in labor, fuel, capital replacements and administrative costs. An illustration of this formula is provided in the table below. Table 1: CPI Formula Calculation SERVICE FEE PORTION FORMULA CPI Second Half (SD-Carlsbad) 2018 295.018 CPI Second Half (SD-Carlsbad) 2019 300.718 CPI Change (2019-2018) 5.70 Percentage Change [(2019-2018)/2018] x 100 1. 93 percent Disposal Fee: A disposal fee is the charge levied upon a given quantity (e.g. ton) of waste received at a processing facility, such as a landfill. The City is a member of RSWA, and RSWA's Agreement with EDCO regulates the disposal fees for its member agencies. Effective July 1, 2020, the disposal fee will increase 2.59 percent from $44.39 per ton to $45.54 per ton (Attachment C). The adjustment for FY 2020-21 is a result of a combination of two calculations. First, two-thirds of the current disposal fee is adjusted by the annual percentage increase (December-December) in the Los Angeles-Long Beach-Anaheim area CPI for All Urban Consumers (all items), base period of 1982-1984=100, published by the United States Department of Labor, Bureau of Labor Statistics. Secondly, one-third of the total disposal rate is adjusted by the percentage increase over the immediately preceding calendar year's total volume (tons) of municipal solid waste produced by all of the RSWA member cities subtracted from the CPI percentage increase applicable to the two-thirds of the disposal rate. For residential rates, the landfill disposal fee represents an $0.11 increase to the disposal fee. For commercial and multi-family rates, the landfill disposal fee increase varies depending on the level and frequency of service, but the increase to current disposal fees ranges from $0.25 (one-yard bin picked up once per week) to $8.92 (six-yard bin picked up six times per week). Commingled Organic Recycling Fee: The proposed rate increases also include residential and commercial organic service fees, as a result of SB 1383, Short-Lived Climate Pollutants and AB 1826, Mandatory Commercial Organics Recycling, legislation. Organic waste means food scraps, food-soiled 2 of 25 April 7, 2020, Item #3paper waste, yard trimming and nonhazardous wood waste. As part of the solution for compliance, EDCO is constructing an anaerobic digestion facility to manage the organic waste requirements. Once operational, it will enable the City to comply with AB 1826 by diverting organics and the future application of SB 1383 by diverting residential organics from being landfilled. Converting the existing residential green waste collection to a fully commingled organic program would cost an additional $3.68 per month for the current single-family residential rate. With this fee each customer would receive a single 95-gallon cart for weekly collection (green and food waste) with up to two additional carts available at no additional charge. Commercial organic rates will vary depending on the size of the carts/bins and frequency of service, but for the more common service levels, the initial rates are listed in the table below: Table 2: Commercial Organic Collection Services Size Frequency (per week) Extra Pickup 1 2 3 Cart (65 gal.) $87.02 $174.03 $261.05 $34.81 Cart (95 gal.) $98.14 $196.28 $294.43 $39.26 2 CY $159.17 $318.34 $477.50 $63.67 It is important to note that not all businesses would be required to implement an organics program under AB 1826, only those that generate four (4) cubic yards or more of commercial solid waste per week. The amount of current businesses that would be impacted is 394 businesses and 50 multi-family complexes. Prior to the implementation of the commingled organic collection program EDCO, in close coordination with City staff, will conduct an extensive and robust direct educational outreach program. EDCO is requesting that the City Council consider approval of the residential organic rate increase at the June 2, 2020, public hearing, even though the increase will not be implemented until the anaerobic digestion facility is receiving material, expected as early as January 1, 2021. Overview of Residential and Commercial Rates: The following tables show the current and proposed FY 2020-21 monthly solid waste collection service rates for the three most common levels of service. The tables include the 1 O percent franchise fee, which is applied to all rates, and the $1.20 AB 939 fee, which is collected monthly from single-family residential customers, which EDCO passes through to the City for source reduction and recycling programs, such as funding the Household Hazardous Waste Facility. 3 of25 Table 3: Residential 35-Gallon Service 35-Gallons Residential Cart Single Family Monthly Rate Current Proposed Service Fee $8.66 $8.83 Disposal Tip Fee $4.14 $4.25 Franchise Fee 10 percent $1.42 $1.45 AB 939 Fee $1.20 $1.20 Total $15.42 $15.73* Change $0.31 /month *Does not include $3.68 residential organics material fee, to be implemented when the anaerobic digestion facility is operational. April 7, 2020, Item #3Table 4: Residential 95-Gallon Service 95-Gallons Residential Cart Single Family Monthly Rate Current Proposed Service Fee $14.88 $15.17 Disposal Tip Fee $4.14 $4.25 Franchise Fee 10 percent $2.11 $2.16 AB 939 Fee $1.20 $1.20 Total $22.33 $22.78* Change $0.45/month *Does not include $3.68 residential organics material fee, to be implemented when the anaerobic digestion facility is operational. Table 5: Commercial 3-Yard Bin Service 3-Yard Bin Commercial (Serviced once per week) Monthly Rate Current Proposed Service Fee $73.91 $75.34 Disposal Tip Fee $28.71 $29.45 Franchise Fee 10 percent $11.40 $11.64 Total $114.02 $116.43 Change $2.41 /month Organic Outreach Efforts: In efforts to educate the public on the impending organics recycling program and existing state mandates, the City held an Organics Recycling Workshop on January 21, 2020, to discuss key solid waste legislation and an overview of steps to be taken to implement an organics recycling program to comply with state laws or face penalties. The City held a community workshop focused on residential service on February 11, 2020, where approximately 20 residents were in attendance. Additionally, community workshops were scheduled for March 18 and March 25, 2020, but were cancelled as a result of COVID-19 concerns. Proposition 218: Any adjustment to solid waste and recycling rates for residential and commercial collection services is subject to detailed notice and public hearing requirements, commonly referred to as a Proposition 218 protest hearing. On August 18, 2015, the City Council held a noticed public hearing pursuant to Proposition 218 and adopted Resolution 15-037, which approved EDCO's rate schedule for FY 2015-16 and approved pass-through/inflationary adjustments to EDCO's service rates through June 30, 2020. The City will be undertaking a new Proposition 218 process due to the new commingled organic fee. Under the Proposition 218 process, the City will direct EDCO to mail the Proposition 218 notice to property owners and customers on behalf of the City. As a part of the public hearing, staff will also be recommending adoption of a resolution to approve automatic annual inflationary rate adjustments for a five-year period commencing July 1, 2020, and ending June 30, 2025, pursuant to Government Code Section 53756. Any new rates beyond inflationary increases will require new noticing subject to Proposition 218. 4of25 April 7, 2020, Item #3Residential and commercial customers will receive notification through the mail on the proposed rate increases and will have a chance to submit a protest if they oppose. The vote outcome will be revealed during the public hearing at the City Council Meeting on June 2, 2020. If less than a majority of the property owners and customers file written protests to the proposed rate increases, the City Council may approve the proposed solid waste rate changes. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: None. Public Notification: Article Ill D, Section 6, states that local governments must hold a Public Hearing and notify property owners and customs at least 45-days in advance of public hearings related to proposed property-related new or increased fees and charges. The public notice for the proposed public hearing on June 2, 2020, will be sent out to all property owners and businesses owners in the City describing the rate adjustment requests and how to protest if desired, as required by law. Attachments: A. Draft Public Notice B. EDCO Rate Package C. RSWA Disposal Fee Adjustment Reviewed/ Approved By: Assistant City Manager 5 of25 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager April 7, 2020, Item #30\ 0 """ N u, Notice of Public Hearing on Solid Waste/Recycling Collection Service Rate Increase June 2, 2020 at 7:00 PM Poway City Hall -Council Chambers 13325 Civic Center Drive Poway CA 92064 In compliance with Article XIIID of the ~ California State Constitution and the Proposition ~ 218 Omnibus Implementation Act, the City of Poway n is hereby notifying all affected property owners and :I: customers of record of the proposed Solid ~ Waste/Recycling Collection Service Rate increases ~ effective July 1, 2020, and automatic pass-through )> adjustments for a period of five years, through June 30, 2025. Public Hearing Information: A Public Hearing will be held on June 2, at 7:00 p.m., at 13325 Civic Center Drive, Poway, California in the City Council Chambers to consider all written protests against the proposed rate increases. At this time the City Council will also consider authorizing future inflationary adjustments in the solid waste/recycling rates through June 30, 2025 calculated with the same methodology and formulas as explained in more detail under "Establishment of Rates." The City Council will conduct the public hearing on the proposed increases and will receive a final tabulation of all written protests received by the City Clerk. Protests must be submitted in writing to the City Clerk's office by 7:00 p.m. on June 2, 2020 and will also be accepted in the Council Chambers at the public hearing. The Council will then consider and may adopt the proposed Solid Waste/Recycling Collection Service Rate increases. All written protests must be signed by the owner or customer of record and contain a description of the property (address and/or Assessor Parcel Number) represented by the protest. Only one (1) protest will be counted for each property. Please send or hand- deliver your written protest to: City of Poway Office of the City Clerk 13325 Civic Center Drive Poway, CA 92064 Email or fax protests will not be accepted. If a majority of affected property owners do not file written protests, the rate increase and future adjustments may be approved by the City Council. Establishment of Rates: Solid waste/recycling collection service rates are established annually. These services are provided by a private contractor, EDCO Waste and Recycling Services (EDCO) with an exclusive Franchise Agreement to operate in the City of Poway. Service Fees: The Franchise Agreement with EDCO allows for an annual increase of the service fee, effective July 1 annually. The following table uses a formula and the San Diego-Carlsbad area Consumer Price Index (CPI) for All Urban Consumers (all items), base period of 1982-84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12- month period for which statistics are available. The formula used to calculate the percentage change for the service fee portion of the base rate is calculated by determining the difference between the San Diego-Carlsbad CPI for the second half of 2018 (295.018) and the second half 2019 (300. 718), then dividing the Index change (5. 70 points) by the CPI of the previous period (295.018) and multiplying that by 100, which results in an increase of 1.93 percent. This is the multiplier used for the service fee portion of the base rates. SERVICE FEE PORTION FORMULA Previous CPI Second Half (SD) 2018 295.018 Previous CPI Second Half (SD) 2019 300.718 Index Chanqe 5.70 Percentaae Chanae 1.93% Disposal Tip Fee: The Franchise Agreement with EDCO and the Regional Solid Waste Association (RSWA) allows for an annual increase of the disposal tip fee, effective July 1 annually. The following table uses a formula for the Los Angeles-Long Beach-Anaheim, area CPI for All Urban Consumers (all items), base period of 1982- 84=100, published by the United States Department of Labor, Bureau of Labor Statistics for the latest 12- month period for which statistics are available. The formula used to calculate the percentage change for the disposal tip fee portion of the base rate is calculated using a similar comparison as above. DISPOSAL TIP FEE PORTION FORMULA Previous CPI December LA 2018 267.631 Previous CPI December LA 2019 275.553 7.92 2.96% This percentage change was adjusted downward from 2.96 percent to 2.59 percent by applying a calculation that includes, in part, a modifier of the percentage increase of the previous year's increase in waste tonnage. Organic Fee: A new service and rate for commingled organics collection, including food and yard waste, to ensure compliance with state mandates will go into effect in early 2021 or when the EDCO's Anaerobic Digester facility is operational. Converting the existing residential green waste collection to a fully commingled organic program will result in an additional $3.68 per month to the current single-family residential collection rate. Each customer will receive a single 95-gallon cart for weekly collection (green and food waste) with up to two additional carts available at no additional charge. Commercial organic collection fees will vary depending on the size of the carts/bins and frequency of service. Customers will be assessed the Proposition 218 noticing costs, which will be reflected as a separate line item on the customer's first bill upon approval of the new rates clearly identifying the charge as the Proposition 218 noticing fee. The following tables show the current and proposed monthly Solid Waste/Recycling Collection Service Rates for the three common levels of April 7, 2020, Item #3-...I 0 ...... N u, service and commercial organic rates. Your service level may not be reflected here. 35-Gallons Residential Cart Single Family Monthly Rate Current Proposed Service Fee $8.66 $8.83 Disposal Tip Fee $4.14 $4.25 Franchise Fee 10% $1.42 $1.45 AB 939 Fee $1.20 $1.20 Total $15.42 $15.73 Change $0.31/month 95-Gallons Residential Cart Single Family Monthly Rate Current Proposed Service Fee $14.88 $15.17 Disposal Tip Fee $4.14 $4.25 Franchise Fee 10% $2.11 $2.16 AB 939 Fee $1.20 $1.20 Total $22.33 $22.78 Change $0.45/month 3-Yard Bin Commercial (Serviced lx/week} Monthly Rate Current Proposed Service Fee $73.91 $75.34 Disposal Tip Fee $28.71 $29.45 Franchise Fee 10% $11.40 $11.64 Total $114.02 $116.43 Change $2.41/month Commercial Organic Collection Rates Size Frequency (per week) Extra Pickup 1 2 3 Cart (65 gal.) $87.02 $174.03 $261.05 $34.81 Cart (95 gal.) $98.14 $196.28 $294.43 $39.26 2 Cubic Yard $159.17 $318.34 $477.50 $63.67 If you have questions about the proposed Solid Waste/Recycling Collection Service Rate increases, please call Izzy Murguia, Senior Management Analyst, at (858) 668-4728. NOTICE OF PUBLIC HEARING ON SOLID WASTE/RECYCLING COLLECTION SERVICE RATE INCREASES June 2, 2020 7:00 PM Poway City Hall Council Chambers 13325 Civic Center Drive Poway, CA 92064 April 7, 2020, Item #3WASTE & RECYCLING SERVICES February 29, 2020 Mr. Izzy Murguia Senior Management Analyst City of Poway Department of Public Works 13325 Civic Center Drive Poway, CA 92064 RE: Waste Collection Service Fee Adjustment Dear Izzy: Article 8 of the Poway Solid Waste Franchise Agreement allows annual rate adjustments based on increases in the San Diego area Consumer Price Index (CPI) and increases in solid waste tip fees under the Regional Solid Waste Association agreement, to which Poway is a patty. Under the provisions of the franchise, EDCO Waste & Recycling Services is requesting a rate adjustment effective July 1, 2020. The last rate adjustment occurred on.July I, 2019. Please note that separate and aside from any proposed rate adjustments, EDCO is also offering to convert the cunent single family manual green waste collection program to an automated collection program. Consistent with information provided to the City of Poway previously, under this program each customer would receive a single 95 gallon cait for weekly collection, with up to two additional carts available at no additional charge (the equivalent of up to nine 32 gallon cans). Benefits would include a uniform appearance on collection day, ease of container movement, vector deten-ent and improved storm water containment as well as being supported by a comprehensive public education program, similar to what occuned at the implementation of automated recycling and trash collection. CPI Adjustment To calculate the CPI portion of the adjustment, the second half of the 2018 index (295.018) was compared to the second half of2019 index (300.718) which produced a 5. 70 point change or 1.93% increase. The CPI indexes are attached for your reference. The 1.93% increase is applied to current rates after franchise fees, AB939 and disposal fees are deducted from the current gross rate. "We-'ll Take Care of It" 224 S. Las Posas Road • San Marcos, California 92078 (760) 744-2700 • Fax: (760) 752-8339 • edcodisposal.com "Printed on Recycled Paper 8 of25 ATTACHMENT B April 7, 2020, Item #3WASTE & RECYCLING SERVICES Regional Solid Waste Association {RSW A) Disposal Fee Adjustment The new tip fee portion of the rate adjustment is calculated by comparing the tip fee used in the calculation of the 2018 rate of $44.39 and the tip fee effective on July 1, 2020 of $45.54 which produces a 2.59% increase applied to the tip fee component of the current rate. The new rates are attached for your review. Anaerobic Digestion Facility Anticipated completion of the Anaerobic Digestion (AD) facility is projected for beginning of 2021 and once operational, will enable the City to comply with AB 1826 by diverting commercial organics and the future application of SB 13 83 by diverting residential organics from being landfilled. This exciting new facility will assist in achieving the Climate Action Plan through the conversion of source separated commingled organics into Renewable Natural Gas that can be directly injected into the pipeline. As such, also reflected are the proposed residential and commercial organic service rates that would be effe.ctive if the AD was completed and accepting organic material. These include commercial rates for a 65 gallon, 95 gallon and two cubic yard bins services at various intervals per week. In addition, conve1ting the existing residential green waste collection to a fully commingled organic program will adjust the cmTent single family residential rate by $3.68 per month. These rates will be implemented once the facility has opened and organic collection services are provided. Prior to the implementation of the commingled organic collection program, EDCO will provide an extensive and robust direct educational outreach for commercial and residential customers. In addition, a food scrap container for kitchens will be offered to each single family residential household for the interior collection of food waste to assist in facilitating the material to the current green waste carts. Our collective goal is to educate and create awareness to increase diversion and work cohesively to assist the City in meeting SB 13 83 regulations. Attachments "We'll Take Care of It" 224 S. Las Posas Road • San Marcos, California 92078 (760) 744-2700 • Fax: (760) 752-8339 • edcodisposal.com • Printed on Recycled Paper 9 of25 April 7, 2020, Item #3..... 0 0 -ti N u, Poway Residential Service Rates Effective 7/1/2019 Service Rate Description Single Family 95 Gallon Cart Single Family 35 Gallon Cart Multi-Family, billed to Occupant, 95 Gallon Cart Multi-Family, billed to HOA, 95 Gallon Cart Single Family, billed to HOA, 95 Gallon Cart Sinle Family, billed to HOA, 35 Gallon Cart Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change -CPI Current Rate Total Net Franchise Rate AB939 Rate Fee 10% of net $ 22.33 $1.20 $ 21.13 $2.11 $ 15.42 $1.20 $ 14.22 $1.42 $ 15.87 $1.20· $ 14.67 $1.47 $ 15.22 $1.20 $ 14.02 $1.40 $ 21.73 $1 .20 $ 20.53 $2.05 $ 14.86 $1.20 $ 13.66 $1.37 295.018 ~ 5.700 1.93% Tip Fee Service Fee $4.14 $ 14.88 $4.14 $ 8.66 $4.14 $ 9.06 $4.14 $ 8.48 $4.14 $ 14.34 $4.14 $ B.15 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change -Tip Fee $ 44.39 $ 45.54 $ 1.15 2.59% Rate Change Franchise Tip Fee Service Fee Fee 2.59% 1.93% $0.11 $0.29 $0.05 $0.11 $0.17 $0.03 S0.11 $0.18 $0.03 $0.11 $0.16 $0.03 $0.11 $0.28 $0 .05 $0.11 $0.16 $0.03 Total %Net Chan!3e Chan<1e $0.45 2.13% $0.31 2.18% $0.32 2.18!/o $0.30 2.14% $0.44 2.14% $0 .30 2.201/, New Rate Total Net Franchise Rate AB939 Rate Fee Tip Fee Service Fee 10% of net $ 22.78 $ 1.20 $21.58 $2.16 $4.25 $ 15.17 $ 15.73 $ 1.20 $14.53 $1.45 $4.25 $ 8.83 $ 16.19 $ 1.20 $14.99 $1.50 $4.25 $ 9.24 $ 15.52 $ 1.20 $14.32 $1.43 $4.25 $ 8.64 $ 22.17 $ 1.20 $20.97 $2.10 $4.25 $ 14.62 $ 15.16 $ 1.20 $13.96 $1.40 $4.25 $ 8.31 April 7, 2020, Item #3...a. ...a. 0 """ N u, Poway Commercial Service Rates Effective 7/1/2020 Commercial Bin Service 1 Cubic Yard Service Frequency 1 xweek 2xweek 3 xweek 4xweek 5 xweek 6xweek 2CubicYard Service Frequency 1 xweel< 2xweek 3xweek 4xweek Sxweek 6xweek Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half2019 Change % Change -CPI Current Rate Total Franchise New Rate Fee Tip Fee Service $ 66.89 6.69 9.56 50.64 $ 120.10 12.01 19.13 88.96 $ 176.14 17.61 28.71 129.82 $ 232.18 23.22 38.24 170.72 $ 288.22 28.82 47.81 211.59 $ 344.26 34.43 57.37 252.46 Current Rate Total Franchise Rate Fee Tip Fee Se,vice $ 78.76 7.88 19.13 51.75 $ 151.74 15.17 38.24 98.33 $ 224.76 22.48 57.37 144.91 $ 297.80 29.78 76.53 191.49 $ 370.69 37 .. 07 99.11 234.51 $ 443.70 44.37 114.76 284.57 . 295.018 300.718 --rrcio 1.93% RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change • Tip Fee Rate Change Service Tip Fee Franchise 1.93% 2.59% Fee 0.98 0.25 $ 0.14 1.72 0 .50 $ 0.25 2 .51 0.74 $ 0.37 3.30 0 .99 $ 0.47 4.09 124 $ 0.59 4.88 1.49 $ 0.70 Rate Change Ser11ice Tip Fee Franchise 1.932% 2.591% Fee 1.00 0.50 s 0 .16 1.90 0 .99 s 0.33 2.80 1.49 $ 0.47 3.70 1.98 s 0.63 4 .53 2.57 s 0.79 5 .50 2.97 s 0 .94 S 44.39 S 45.54 ~ 2.59% Total Change $ 1.37 $ 2.47 $ 3.62 $ 4.76 $ 5.92 $ 7.07 Total Change $ 1.66 $ 3.22 $ 4.76 $ 6.31 $ 7.89 $ 9.41 New Rate Total Franchise New Rate Fee $ 68.26 $6.83 $ 122.57 $12.26 $ 179.76 $17.98 $ 236.94 $23.69 $ 294.14 $29.41 $ 351.33 $35.13 New Rate Total Franchise New Rate Fee $ 80.42 $8.04 $ 154.96 $15.50 $ 229.52 $22.95 $ 304.11 $30.41 $ 378.58 $37.86 $ 453:11 $45.31 $ % Tip Fee Service Change $ 9.81 $ 51.62 2.05% $ 19.63 $ 90.68 2.06% $ 29.45 $ 132.33 2.06% $ 39.23 s 174.02 2.05% $ 49.05 $ 215.68 2 .05% $ 58.86 $ 257.34 2.05% % Tlp Fee Service Change $ 19.63 $ 52.75 2 .11% $ 39.23 $ 100.23 2.12% $ 58.86 $ 147.71 2.12% $ 78.51 $ 195.19 2.12% $ 101 .68 $ 239.04 2.13% $ 117.73 $ 290.07 2.12% April 7, 2020, Item #3Poway Commercial Service Rates Effective 7/1/2020 Commercial Bin Service 3CubicYard Service Frequency 1 xweek 2 xweek 3xweek 4xweek 5xweek 6xweek 4 Cubic Yard Service Frequency 1 xweek 2xweek 3xweek 4.xweek Sxweek 6xweek Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change • CPI Current Rate Total Franchise Rate Fee Tip Fee Service $ 114_02 11.40 28.71 73.91 $ 190.97 19.10 57.37 114.50 $ 267.96 26.80 86.08 155.08 $ 336.73 33.67 114.76 188.30 $ 405.50 40.55 143.48 221.47 $ 474.29 47.43 172.16 254:10 Current Rate Total · Franchise Rate Fee Tip Fee Service $ 120.48 12.05 38.24 70.19 $ 203.81 20.38 76.53 106.90 $ 287.13 28.71 114.76 143.66 $ 370.51 37·.05 153.03 180.43 $ 454.06 45.41 191 .29 217.36 $ 537.20 53.72 229.56 253.92 295.018 300.718 5.700 1.93% RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change •fo Change -Tip Fee Ra Ch te ange Service Tip Fee Franch ise 1.932% 2 .591% Fee 1.43 0.74 s 0.24 2.21 1.49 $ 0.41 3 .00 2 .23 $ 0.58 3 .64 2.97 s 0 .74 4 .28 3.72 s 0 .89 4.92 4 .46 s 1.04 Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.36 0.99 s 0 .26 2.07 1.98 s 0.45 2 .78 2.97 s 0 .64 3.49 3_96 s 0.83 4.20 4.96 $ 1.01 4.91 5.95 s 1.21 $ 44.39 $ 45.54 $1:15 2.59% Total Change $ 2.41 $ 4.11 $ 5.81 $ 7.35 $ 8.89 $ 10.42 Total Change $ 2.61 $ 4.50 $ 6.39 $ 8.28 $ 10.17 $ 12.07 New Rate Total Franchise New Rate Fee $ 116.43 $11.64 $ 195.08 $19.51 $ 273.77 $27.38 $ 344.08 $34.41 $ 414.39 $41 .44 $ 484.71 $48.47 $ New Rate Total Franchise New Rate Fee $ 123.09 $12.31 $ 208.31 $20.83 $ 293.52 $29 .35 $ 378.79 $37.88 $ 464.23 $46.42 $ 549.27 $54.93 $ % Tip Fee Service Change $ 29.45 $ 75.34 2.11% $ 58.86 $ 116.71 2 .15% $ 88.31 $ 158.08 2 .17% $ 117.73 $ 191.94 2.18% $ 147.20 $ 225.75 2 .19% $ 176.62 $ 259.62 2.20% % Tip Fee Service Change $ 39 .23 $ 71 .55 2 .17% $ 78.51 $ 108.97 2.21% $ 117.73 $ 146.44 2 .23% $ 156.99 $ 183.92 2 .23% $ 196.25 $ 221.56 2.24% $ 235.51 $ 258.83 2.25% April 7, 2020, Item #3...a. w 0 """ "' u, Poway Commercial Service Rates Effective 7/1/2020 Commercial Bin Service 5CubicYard Service Frequency 1 xweek 2 xweek 3xweek 4xweek 5xweek 6xweek 6 Cubic Yard Service Frequency 1 x week 2xweek 3xweek 4xweek 5xweek 6 xweek Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change -CPI Current Rate Total Franchise Rate Fee Tip Fee Service $ 134.59 13.46 47.32 73.81 $ 266.21 26.62 95.64 143.95 $ 397.24 39.72 148.63 208.89 $ 528.29 52.83 198.16 277.30 $ 659.40 65.94 239.09 354.37 $ 790.43 79.04 286.93 424.46 Current Rate Total Franchise Rate Fee Tip Fee Service $ 145.76 14.58 57.37 73.81 $ 291.46 29.15 114.76 147.55 $ 437.27 43.73 172.16 221.38 $ 583.DO 58.30 229.56 295.14 $ 689.06 68.91 286.93 333.22 $ 865.00 86.50 344.33 . 434.17 295.018 300.718 5.700 1.93% RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change -Tip Fee Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.43 1.23 $ 0.29 2.78 2.48 $ 0.59 4.04 3.85 $ 0.88 5.36 5.13 $ 1.16 6.85 6.19 $ 1.45 8.20 7.43 $ 1.74. Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.43 1.49· S 0.32 2.85 2.97 s 0.64 4.28 4.46 s 0.97 5.70 5.95 s 1.29 6.44 7.43 s 1.54 8.39 8.92 $ 1 .92 $ 44.39 $ 45.54 $1.15 2.59% Total Change $ 2.95 $ 5.85 $ 8.77 $ 11.85 $ 14.49 $ 17.37 Total Change $ 3.24 $ 6.46 $ 9.71 $ 12.94 $ 15.41 $ 19.23 New Rate Total Franchise New Rate Fee $ 137.54 $13.75 s 272.06 $27.21 $ 406.01 $40.60 $ 539.94 $53.99 s 673.89 $67.39 $ 807.80 $80.78 $ New Rate Total Franchise New Rate Fee $ 149.00 $14.90 $ 297.92 $29.79 $ 446.98 $44.70 $ 595.94 $59.59 $ 704.47 $70.45 $ 884.23 $88.42 % Tip Fee Service Change $ 48.55 $ 75.24 2.19% $ 98.12 $ 146.73 2.20% $ 152.48 s 212.93 2.21% $ 203.29 $ 282.66. 2.21% $ 245.28 $ 361.22 2.20% $ 294.36 $ 432.66 2.20% % Tip Fee Service · Change $ 58.86 $ 75.24 2.22% $ 117.73 $ 150.40 2.22% $ 176.62 $ 225.66 2.22% $ 235.51 $ 300.84 2.22% $ 294.36 $ 339.66 2.24% $ 353.25 $ 442.56 2.22% April 7, 2020, Item #3-.,::a. 0 ..... N u, Poway Commercial Service Rates Effective 7/1/2020 Multi-Family Bin Service (E1ecludes Yard Waste) 1 CubicYard Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change -CPI Current Rate Service Frequen cy 1 xweek 2xweek 3xweek 4xweek Sxweek 6xweek Total Rate s 70.76 $ 117.91 S 165.10 $ 206.37 $ 247.66 $ 288.94 0.00 2CubicYard A89939 Fee 1.20 2.40 3.60 4.80 6.00 7.20 Current Rate Service Frequen cy 1 xweek 2xweek 3xweek 4icweek Sxweek 6xweek Total Rate $ 85.82 $ 143.13 $ 200.44 $ 251 .42 $ 302.36 $ 353.27 0.00 AB9939 Fee 1.20 2.40 3.60 4.80 6.00 7.20 Net Franchise Rate Fee Tip Fee 69.56 6.96 9.56 115.51 11 .55 19.13 161.50 16.15 28.71 201.57 20.16 38.24 241.66 24.17 47.81 281 .74 28.17 57.37 Net Franchise Rate Fee Tip Fee 84.62 8.46 19.13 140.73 14.07 38.24 196.84 19.68 57.37 246.62 24.66 76.53 296.36 29.64 99.11 346.07 34.61 114.76 295.018 300.718 ~ 1.93% Seivice 53.04 84.83 116.64 143.17 169.68 196.20 Service 57.03 88.42 119.79 145.43 167.61 196.70 Rate Change Service 1.932% 1.02 1.64 2 .25 2.77 3.28 3.79 Rate Change Service 1.932% 1.10 1.71 2.31 2 .81 3.24 3.80 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change -Tip Fee Tip Fee Franchise 2 .591% Fee 0.25 $ 0.14 0.50 $ 0.24 0.74 $ 0.33 0.99 . $ 0.41 1.24-$ 0.50 1.49 $ 0.59 Tip Fee Franchise 2 .591% Fee 0.50 $ 0.18 0.99 $ 0.30 1.49 $ 0.43 1.98 $ 0.53 2.57 $ 0.64 2 .97 $ 0.75 $ 44,39 $ 45.54 $1.15 2.59% Total Change $ 1.41 $ 2.38 $ 3.32 $ 4 .17 $ 5.02 $ 5 .87 Total Change $ 1.78 $ 3.00 $ 4.23 $ 5.32 $ 6.45 $ 7.52 New Rate Total New Rate $ 72.17 $ 120.29 $ 168.42 $ 210.54 $ 252.68 $ 294.81 0.00 New Rate Total New Rate $ 87.60 $ 146.13 $ 204.67 $ 256.74 $ 308.81 $ 360.79 0.00 AB9939 Net Franchise % Fee Rate Fee Tip Fee Service Change 1.20 70.97 $7.10 $ 9 .81 $ 54.06 1.99% 2 .40 117.89 $11 .79 .$ 19.63 $ 86.47 2.02% '3,60 164.82 $16.48 $ 29.45 $ 118.89 2 .01% 4 .80 205.74 $20.57 $ 39.23 $ 145.94 2.02% 6.00 246.68 $24.67 $ 49.05 $ 172.96 2 .03% 7.20 287.61 $28.76 $ 58.SS $ 199.99 2 .03% AB9939 Net Franchise % Fee Rate Fee Tip Fee Service Change 1.20 86.40 $8.64 $ 19.63 $ 58.13 2 .07% 2.40 143.73 $14.37 $ 39.23 $ 90 .13 2.10% 3 .60 201 .07 $20.11 $ 58.86 $ 122.10 2 .11% 4.80 251.94 $25.19 $ 78.51 $ 148.24 2 .12% 6.00 302.81 $30.28 $ 101 .68 $ 170.85 2.13% 7.20 353.59 $35.36 $ 117.73 $ 200.50 2.13% ........ _,_ .. ______ -·-------------------------------------------------------------------------- April 7, 2020, Item #3...a. u, 0 ..... N u, Poway Commercial Service Rates Effective 7/1/2020 Multi-Family Bin Service (Excludes Yard Waste) Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half2019 Change •fa Change -CPI 3 Cubic Yard Cul'l"ent Rate Service Frequen c:v 1 xweek 2xweek 3xweek 4xweek 5 xweek 6 X·Week Total Rate $ 123.61 $ 206.42 $ 289.23 $ 363.00 $ 436.78- $ 510.56 0.00 4CubicYard AB9939 Fee 1.20 2.40 3.60 4.80 6.00 7.20 Current Rate Service Frequen cy 1 xweek 2 xweek 3xweek 4xweek 5xweek 6xweek Total Rate S 129.68 $ 216.28 $ 302.82 S 368.27 $ 458.99 $ 536.88 0.00 AB9939 Fee 1.20 2.40 3.60 4 .80 6.00 7.20 Net Rate 122.41 204.02 285.63 358.20 430.78 503.36 Net Rate 128.48 213.88 299.22 363.47 452.99 529.68 Franchise Fee Tip Fee 12.24 28 .71 20.40 57 .37 28 .56 86 .08 35.82 114.76 43.08 143.48 50.34 172.16 Franchise Fee Tip Fee 12.85 38.24 21.39 76.53 29.92 114.76 36.35 153.03 45.30 191.29 52.97 229.56 295.018 300.718 ---5.-7 1.93'10 Service 81 .46 126.25 170.99 207.62 244.22 .280 .86 Service 77.39 115.96 154.54 174.09 216.40 247.15 Rate Change Service 1.932% ·1.57 2.44 3.30 4.01 4.72 5.43 Rate Change Service 1.932% 1.50 2.24 2 .99 3 .36 4.18 4.78 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change -Tip Fee Tip Fee Franchise 2.591% Fee 0.74 $ 0.26 1.49 $ 0.44 2 .23 $ 0.62 2.97 $ 0.78 3.72 $ 0.94 4.46 $ 1.09 Tip Fee Franchise 2:591% Fee 0.99 $ 0.27 1.98 $ 0.47 2.97 $ 0 .66 3.96 s 0.81 4.96 $ 1.01 5.95 $ 1 .19 $ 44.39 $ 45.54 $115 2.59% Total Change s 2.57 s 4.37 $ 6.15 $ 7.76 s 9.38 $ 10.98 Total Change $ 2.76 $ 4.69 $ 6.62 $ 8.13 $ 10.15 s 11.92 New Rate Total AB9939 New Rate Fee $ 126.18 1.20 $ 210.79 2.40 $ 295.38 3 .60 $ 370.76 4.80 $ 446.16 6 .00 $ 521 .54 7.20 (0 .00) New Rate Total AB9939 New Rate Fee $ 132.44 1.20 $ 220.97 2.40 $ 309.44 3 .60 $ 376.40 4.80 $ 469.14 6.00 s 548.80 7.20 (0.00} Net Franchise % Rate Fee Tip Fee Service Change 124.98 $12 .50 $ 29.45 $ 83.03 2.08% 208.39 $20.84 $ 58.86 $ 128.69 2.12% 291.78 $29.18 $ 88.31 $ 174 .29 2.13% 365.96 $36.60 $ 117 .73 $ 211 .63 2.14% 440.16 $44.02 s 147.20 $ 248 .94 2.15% 514.34 $51 .43 s 176 .62 $ 286.29 2.15% Net Franchise % Rate Fee Tip Fee Service Change 131.24 $13.12 s 39.23 $ 78.89 2.13% 218.57 $21.86 s 78.51 $ 118.20 2.17% 305.84 $30.58 $ 117 .73 $ 157.53 2 .19% 371.60 $37.16 s 156.99 $ 1TT.45 2.21% 463.14 $46.31 $ 196.25 $ 220.58 2.21% 541.60 $54.16 $ 235.51 $ 251 .93 2.22% April 7, 2020, Item #3Poway Commercial Service Rates Effective 7/1/2020 Multi-Family Bin Service (Excludes Yard Waste) Consumer Price Index 2nd Ha lf 2018 Consumer Price Index 2nd Half 2019 Change % Change • CPI 5 Cubic Yard Current Rate e Servic Frequen ~ 1 xweek 2xweek 3xweek 4xweek 5xweek 6xweek Total Rate $ 144.72 $ 239.67 $ 334.60 $ 424.93 $ 515.37 S 605.78 0.00 6 Cubic Yard AB9939 Fee 1 .20 2.40 3.60 4.80 6.00 7.20 Current Rate Service Frequen •C'i 1 xweek 2xwee 3xwee 4xwee 5xwee 6xwee k k k k k Total AB9939 Rate Fee $ 155.32 1.20 $ 2S6.27 2.40 $ 357.29 3.60 $ 453.69 4.80 S 5S0.10 6.00 $ 646.56 7.20 Net Rate 143.52 237.27 331.00 420.13 509.37 598.58 Net Rate 154.12 2S3.87 353.69 448.89 544.10 639.36 Franchise Fee Tip Fee 14.35 47.81 23.73 95.64 33.10 148.63 42.01 198.16 50.94 239.09 S9.86 286.93 Franchise Fee Tip Fee 15.41 57 .37 25.39 114.76 35.37 172.16 44.89 229.56 54.41 286.93 63.94 344.33 295.018 300.718 ---5.-7 1.93% service 81.36 117.90 ·149.27 179.96 219.34 251.79 Service 81.34 113.72 146.16 174.44 202.76 231.09 Rate Change Service 1.932% 1.57 2 .28 2.88 3 .48 4.24 4.86 Rate Change Service 1.932% 1.57 2.20 2.82 3.37 3.92 4 .46 RSWA Tip Fee 201°9 RSWA Tip Fee 2020 Change ¾ Change• Tip Fee Tip Fee Franchise 2.591% Fee 1.24 $ 0.31 2.48 $ 0.53 3 .85 $ 0.75 5.13 $ 0.96 6.19 $ 1.16 7 .43 $ 1.36 Tip Fee Franchise 2.591% Fee 1.49 $ 0.34 2 .97 $ 0.57 4.46 $ 0.81 5.95 $ 1.03 7.43 $ 1.26 8.92 $ 1.48 $ 44.39 S 45.54 $1.15 2.59% Total Change $ 3.12 $ 5.29 $ 7.48 $ 9.57 $ 11.59 $ 13.65 Total Change $ 3.40 $ 5.74 $ 8.09 $ 10.35 $ 12.61 $ 14.86 New Rate Total AB9939 New Rate Fee $ 147.84 1.20 $ 244.96 2 .40 $ 342.08 3 .60 $ 434.50 4 .80 $ 526.96 6.00 $ 619.43 7.20 (0 .00) New Rate Total AB9939 New Rate Fee $ 158.72 1.20 $ 262.01 2.40 $ 365.38 3 .60 $ 464.04 4.80 $ 562.71 6 .00 $ 661.42 7.20 Net Franchise % Rate Fee T ip Fee Service ChanQe 146.64 $14.66 $ 49 .05 $ 82.93 2.16% 242.56 $24.26 $ 98.12 $ 120.18 2.21% 338.48 $33.85 S 152.48 $ 152.15 2 .24% 429.70 $42.97 $ 203 .29 $ 183.44 2 .25% S20.96 $52.10 $ 245.28 $ 223.58 2 .25% 612.23 $61 .22 $ 294.36 $ 256.65 2.25% Net Franchise % Rate Fee Tip Fee Service Change 157.52 $15.75 $ 58.86 $ 82.91 2.19% 259.61 $25 .96 $ 117 .73 $ 115.92 2.24% 361.78 $36.18 $ 176.62 $ 148.98 2.26% 459.24 $45.92 S 235.51 s 1n.a1 2.28% 556.71 $55.67 $ 294.36 $ 206.68 2 .29% 6~.22 $65.42 S 353.25 $ 235.55 2 .30% April 7, 2020, Item #3...a. ..... 0 """ N u, Poway Commercial Service Rates Effective 711/2020 Multi-Family Residential Bin Rates (Includes Yard Waste) 1 Cubic Yard Service Frequency 1 xweek 2xweek 3xweek 4xweek 5xweek 6xweek 2 Cubic Yard Service Frequency 1 xweek 2xweek 3xweek 4xweek 5xweek 6 xweek Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change °I• Change -CPI Current Rate Total AB9939 Net Franchise Rate Fee Rate Fee Tip Fee $ 78.14 1.20 76.94 7.69 9.56 S 130.24 2.40 127.84 12.78 19.13 $ 182.34 3.60 178.74 17.87 28.71 $ 227.87 4.80 223.07 22.31 38.24 $ 273.43 6.00 267.43 26.74 47.81 $ 319.02 7.20 311.82 31.18 57.37 0.00 Current Rate Total A89939 Net Franchise Rate Fee Rate Fee TipFee $ 94.90 1.20 93.70 9.37 19.13 $ 158.22 2.40 155.82 15.58 38.24 $ 221.53 3 .60 217.93 21.79 57.37 $ 277.86 4.80 273.06 27.31 76.53 $ 334.19 6.00 328.19 32.82 99.11 $ 390.59 7.20 383.39 38.34 114.76 0.00 295.018 3D0.718 5.7 1.93% Service Fee 59.69 95.93 132.16 162.52 192.88 223.27 Service Fee 65.20 102.00 138.77 169.22 196.26 230.29 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change • Tip Fee Rate Change · Service llp Fee Franchise 1.932% 2.591% Fee 1.15 0.25 $ 0.16 1.85 -a.so·$ 0.27 2.55 0.74 $ 0.37 3.1"4 0.99 $ 0.46 3.73 1.24 $ 0.56 4.31 1.49 $ 0.65 Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.26 0.50 $ 0.20 · 1.97 0.99 $ 0.33 2.68 1.49 $ 0.47 3.27 1.98 $ 0.58 3.79 2.57 $ 0 .71 4.45 2.97 $ 0.82 S 44.39 S 45.54 T----:c:is 2.59'Yo Total Change $ 1.56 $ 2.62 $ 3.66 $ 4.59 $ 5.53 $ 6.45 Total Change $ 1.96 $ 3.29 $ 4.64 $ S.83 $ 7.07 $ 8.24 New Rate Total New Rate $ 79.70 s 132.86 $ 186.00 $ 232.46 $ 278.96 $ 325.47 0 New Rate Total New Rate $ 96.86 $ 161.51 $ 226.17 $ 283.69 $ 341.26 $ 398.83 0.00 AB9939 Net Fee Rate 1.20 78.50 2.40 130.46 3.60 182.40 4.80 227.66 6.00 272.96 7.20 318.27 AB9939 Net Fee Rate 1.20 95.66 2.40 159.11 3.60 222.57 4.80 278.89 6 .00 335.26 7.20 391.63 Franchise % Fee Tip Fee Service Fee Change $7.85 s 9.81 $ 60.84 2.00% $13.05 $ 19.63 $ 97.78 2.01% $18.24 s 29.45 $ 134.71 2.01% $22.77 $ 39.23 $ 165.66 2.01% $27.30 $ 49.05 $ 196.61 2.02% $31.83 $ 58.86 $ 227.58 2.02% Franchise % Fee Tip Fee Service Fee Change $9.57 $ 19.63 $ 66.46 2.07% $15.91 $ 39.23 $ 103.97 2.08% $22.26 $ 58.86 $ 141 .45 2 .09% $27.89 $ 78,51 $ 172.49 2.10% $33.53 $ 101 .68 $ 200.05 2.12% $39.16 $ 117.73 $ 234.74 2 .11% April 7, 2020, Item #3Poway Commercial Service Rates Effective 7/1/2020 Multi-Family Residential Bin Rates (Includes Yard Waste) Consumer Price Index 2nd Half 2018 Consumer Price Index.2nd Half 2019 Change % Change -CPI 3 Cubic Yard Current Rate Service Total AB9939 Net Franchise Frequency Rate Fee Rate Fee Tip Fee 1 xweek 2 xweek 3 xweek 4xweek 5xweek 6 xweek 4CubicYard Service Frequency 1 x week 2xweek 3xweek 4xweek 5 xweek 6 xweek $ 136.72 1.20 $ 228.31 2.40 $ 319.94 3.60 $ 401.53 4 .80 $ 483.11 6.00 $ 564.76 7.20 0.00 Current Rate Total AB9939 Rate Fee $ 143.43 1.20 $ 239.31 2.40 $ 335.08 3 .60 $ 421.43 4 .80 $ 507.91 6.00 $ 594.10 7.20 .0.00 135.52 13.55 28.71 225.91 22.59 57.37 316.34 31.63 86.08 396.73 39.67 114.76 477.11 47.71 143.48 557.56 55.76 172.16 Net Franchise Rate Fee Tip Fee 142.23 14.22 38.24 236.91 23.69 76.53 331.48 33.15 114.76 416.63 41 .66 153.03 501.91 50.19 191.29 586.90 58.69 229.56 295.018 300.71B 5.7 1.93% Service Fee 93.26 145.95 198.63 242.30 285.92 329.64 Service Fee 89.77 136.69 183.57 221 .94 260.43 298.65 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change • Tip Fee Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.80 . 0.74 $ 0.28 2.82 1.49 $ 0.48 3.84 2.23 $ 0 .68 4.68 2.97 $ 0.85 5.52 3 .72 $ 1.03 6.37 4.46 s 1.20 Rate Change Service Tip Fee Franchise 1.93% 2.591% Fee 1.73 0.99 $ 0.31 2.64 1.98 $ 0.51 3.55 2.97 $ 0.72 4 .29 3.96 $ 0.92 5.03 4.96 $ 1.11 5.77 • 5 .95 $ 1.30 $ 44.39 $ 45.54 --r-ns 2.59o/. Total Change $ 2.82 $ 4.79 $ 6.75 $ 8.50 $ 10.27 $ 12.03 Total Change $ 3.03 $ 5.13 $ 7.24 $ 9.17 $ 11.10 $ 13.02 New Rate Total New Rate $ 139.54 $ 233.10 $ 326.69 $ 410.03 $ 493.38 $ 576.79 (0.00) New Rate Total New Rate $ 146.46 $ 244.44 $ 342.32 $ 430.60 $ 519.01 $ 607.12 (0 .00) AB9939 Net Fee Rate 1.20 138.34 2.40 230.70 3.60 323.09 4.80 405.23 6.00 487.38 7.20 569.59 AB9939 Net Fee Rate 1.20 145.26 2.40 242.04 3.60 338.72 4.80 425.80 6.00 513.01 7 .20 599.92 Franchise % Fee Tip Fee Service Fee Chan!'.le $13.83 s 29.45 $ 95.06 2.06% $23.07 $ 58.86 $ 148.77 2 .10% $32.31 s 88.31 $ 202.47 2.11% $40.52 $ 117.73 $ 246.98 2.12% $48.74 $ 147.20 $ 291 .44 2.13% $56.96 $ 176.62 $ 336.01 2.13% Check Franchise % Fee Tip Fee Service Fee Change $14.53 $ 39.23 s 91 .50 2 .11% $24.20 $ 78.51 $ 139.33 2 .14% $33.87 $ 117.73 s 187.12 2 .16% $42.58 $ 156.99 · s 226.23 2.18% $51.30 $ 196.25 $ 265.46 2.19% $59.99 $ 235.51 $ 304.42 2.19% April 7, 2020, Item #3...a. \D 0 """' N u, Poway Commercial Service Rates Effective 7/1/2020 Multi-Family Residential Bin Rates (Includes Yard Waste) Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change -CPI 5 Cubic Yard Current Rate Service Total AB9939 Net Franchise Frequency Rate Fee Rate Fee Tip Fee 1 xweek 2xweek 3xweek 4xweek Sxweek 6xweek 6CubicYard Service Frequency 1 xweek 2xweek 3xweek 4xweek Sxweek 6xweek $ 160.17 1.20 $ 265.26 2.40 $ 370.36 3.60 $ 470.59 4.80 $ 570.47 6.00 $ 670.58 7.20 (0.00) Current Rate Total AB9939 Rate Fee $ 171.78 1.20 $ 283.49 2.40 $ 395.20 3.60 $ 501.81 4.80 $ S0S.48 6.00 $ 715.12 7.20 158.97 15.90 47.81 262.86 26.29 95.64 366.76 36.68 148.63 4e5.79 46.58 198.16 564.47 56.45 239.09 663.38 66.34 286.93 Net Franchise Rate Fee Tip Fee 170.58 17.06 57.37 281.09 28.11 114.76 391.60 39.16 172.16 497.01 49.70 229.56 602.48 60.25 286.93 707.92 70.79 344.33 295.01B 300.718 5.7 1.93% Service Fee 95.26 140.93 1B1.45 221.05 268.93 310.11 Service Fee 96.15 138.22 180.28 217.75 255.30 292.80 RSWA Tip Fee 2019 RSWA Tip Fee 2020 Change % Change • Tip Fee Rate Change Service Tip Fee Franchise 1.932% 2.591% Fee 1.84 1.24 $ 0.34 2.72 2.48 $ 0.57 3.51 3.85 $ 0.81 4 .-27 5 .13 $ 1.04 5.20 6.19 $ 1.26 5.99 7.43 $ 1.49 Rate Change Service Tip Fee Franchise 1.932% 2 .591% Fee 1.86 1.49 $ 0.37 2.67 2.97 $ 0.63 3.48 4.46 $ 0.88 4 .21 5.95 $ 1.13 4.93 7 .43 $ 1.37 5 .66 8 .92 $ 1.62 $ 44.39 $ 45.54 T"""f1s 2 .59% Total Change $ 3.42 $ 5.77 $ 8.17 $ 10.44 $ 12.65 $ 14.91 Total Change $ 3.72 $ 6.27 $ 8.82 $ 11.29 $ 13.73 $ 16.20 New Rate Total New Rate $ 163.59 $ 271.03 $ 378.53 $ 481.03 $ 583.12 $ 685.49 0.00 New Rate Total New Rate $ 175.50 $ 289.76 $ 404.02 $ 513.10 $ 622.21 $ 731.32 AB9939 Net Fee Rate 1.20 162.39 2.40 268.63 3.60 374.93 4.80 476.23 6.00 577.12 7.20 678.29 AB9939" Net Fee Rate 1.20 174.30 2.40 287.36 3.60 400.42 4.80 508.30 6.00 616.21 7 .20 -724.12 Franchise % Fee Tip Fee Service Fee Change $16.24 $ 49.05 $ 97.10 2.14% $26.86 $ 98.12 $ 143.65 2.18% $37.49 s 152.48 $ 184.96 2 .21% $47.62 $ 203.29 $ 225.32 2 .22% $57.71 s 245.28 $ 274.13 2.22% $67.83 s 294.36 $ 316.10 2.22% Franchise % Fee Tip Fee Service Fee Change $17.43 $ 58.86 $ 98.01 2.17% $28.74 $ 117.73 $ 140.89 2.21% $40.04 $ 176.62 $ 183.76 2.23% $50.83 $ 235.51 $ 221.96 2.25% $61.62 s 294.36 $ 260.23 2 .26% $72.41 s 353.25 $ 298.46 2 .27% April 7, 2020, Item #3N 0 0 .... N U'I CPI for All Urban Consumers (CPI-U) Original Data Value Series Id: CUURS49ESA0 Not Seasonally Adjusted Series Title: All items in San Diego-Carlsbad, CA, a!I urban Area: San Diego-Carlsbad, CA Item: All items Base Period: 1982-84=100 Years: 2010 to 2020 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 . Year New Tip Fee Old Tip Fee Change % Change Jan 288.331 295.761 302.564 Feb $ 50.50 7/1/2020 $ 49.23 7/1/2018 $ 1.27 2.580% Mar 290.810 297.226 Apr May 289.243 300.303 Jun Jut 295.185 299:333 Aug Sep 295.883 301.033 Oct Nov 2~5.961 293.858 301.520 Dec Annual 245.464 252.910 256.961 260.317 265.145 269.436 274.732 283.012 292.547 299.433 HALF1 HALF2 244.242 246.686 252.451 253.368 256.637. 257.285 258.955 261.679 265.251 265.039 267.346 271.526 272.628 276.837 281.561 284.4$4 290.076 . 295.018 298.147 300.718 Change 5.70 % Change 1.93% April 7, 2020, Item #3Poway Commercial Service Rates Effective 7/1/2020 Consumer Price Index 2nd Half 2018 Consumer Price Index 2nd Half 2019 Change % Change -CP,I Commercial Recycling Services Collection Weekly Bin Size 2CY 3CY 4CY 5CY 6CY 95 Gallon Recycling Cart Industrial Debris Box Services ~ Total Scheduled Debris Box Serviced Monthly Unscheduled Debris Box Pulls (40-Cubic Yards) RSWA Trash Rate per ton, including Franchise Fee COi Rate Per Ton 3-Cu~ic Yard Bin -3-Day Rental 3-Cubic Yard Bin -1-Month Rental (Once-a-Week Emptying (Primarily Construction & Remote)) Additional Dump of 3•Cu.Yd. Bin Daily Roll-Off Rental Locking Lid Set Up Daily Impound Fee for Storage of Unauthorized Containers Service Charge to Reinstate Collection Services After Termination for Non-Payment 21 of 25 Current Rate $ 34.23 $ 42.74 $ 51.30 $ 59.83 $ 59.83 $ 17.49 $ 176.77 $ 190.43 $ 49.32 Tip Plus FF $ 63.40 $ 252.86 $ 28.94 $ 5.12 $ 9.99 $ 22.62 $ 14.55 295.018 300.718 5.700 1.93% Proposed Rate $ 34.89 $ 43.57 $ 52.29 $ 60.98 $ 60.98 $ 17.83 $ 180.19 $ 194.11 $ 50.60 Tip Plus FF $ 64.63 $ 257.74 $ 29.50 $ 5.22 $ 10.19 $ 23.06 $ 14.83 Rate o/o Change Change $ 0.66 1.93% $ 0.83 1.93% $ 0.99 1.93% $ 1.16 1.93% $ 1.16 1.93% $ 0.34 1.93% $ 3.42 1.93% $ 3.68 1.93% $ 1.28 2.59% $ 1.23 1.93% $ 4.89 1.93% $ 0,56 1.93% $ 0.10 1.93% $ 0.19 1.93% $ 0.44 1.93% $ 0.28 1.93% April 7, 2020, Item #3City of Poway Rates for Anaerobic Digestion of Greenwaste & Foodwaste 7/1/2020 Residential Single Family $ 3.68 per month Commercial Commingled Organics 1st Container Cart (65 gl) Cart (96 gl) 2CY Each Additional Container Size Cart (65 gl) Cart (96 gl) 2CY 22 of 25 Frequenc~ 1 i 1 $ 87.02 $ 174.03 $ 261.05 $ 98.14 $ 196.28 $ 294.43 $ 159.17 $ 318.34 $ 477;50 1 f ~· $ 82.67 $ 165.33 $ 248.00 $ 93.23 $ 186.47 $ 279.70 $ 151.21 $ 302.42 $ 453.63 Extra Pickup $ 34.81 $ 39.26 $ 63.67 April 7, 2020, Item #3WASTE & RECYCLING SERVICES Memo To: From: Date: Re: James Eggart, General Manager-RSWA Steve South, CEO-EDCO February 5th 2020 RSWA Rebate Adjustment As provided on the RSWA contract, attached please find the calculation for this year's Annual Rebate and tip fee adjustments effective 7/1/2020. The annual rebate will increase from $274,054.84 to $283,229.69, for an increase of 3.35%. Following are the tip fee increases effective 7/1/2020 (there were no increases in 2019); 1. Del Mar, Encinitas, Solana Beach and Vista Tip Fee Calculation. The current tip fee of $49.23 per ton will increase 2.58% resulting in an increase of $1.27 per ton. The new tip fee for these four cities on July 1, 2020 is $50.50 per ton. 2. National City & Poway The current tip fee in these two cities of $44.39 is increase 2.59% resulting in an increase of $1.15 per ton. The new tip fee for these cities on July 1, 2020 is $45.54 per ton. Please let me know if you have any comments or questions. 23 of 25 ATTACHMENT C April 7, 2020, Item #3RSWA TONNAGE ANALYSIS Calendar Year: Vista Encinitas Poway Solana Beach National City Del Mar-W.M. Solana Beach-W.M. Totals Change in Tons YOY % Change (Cap : 10%) L.A.-Riverside-Anaheim CPI -Dec Prior L.A.-Riverside-Anaheim CPI -Dec Current Annual CPI Change CPI Cap: 5% Floor: 1.5% Prior Yr Vol Rebate CPI $ Increase Sub-total divide by 3 % Change in Tons $ Change in Tons Adjusted Vol Rebate Volume Rebate to RSWA % Change EDCO Disposal Corporation 24 of 25 2017 86,939.07 57,267.06 47,089.75 6,301.61 37,869.91 6,717.20 6,068.95 248,253.55 1,041.49 0.42% 250.189 259.220 3.610% Volume. Rebate $ 255,429.74 $ 9,221.01 $ 264,650.75 $ 88,216.92 0.420% $ 370.51 $ 265,021.26 $ 265,021.26 3.8% 2018 2019 87,189.28 88,655.79 57,044.14 59,471.69 48,443.22 48,719.47 12,481.26 11,198.21 37,106.40 37,424.77 7,194.00 6,813.02 249,458.30 252,282.95 1,204.75 2,824.65 0.49% 1.13% 259.22 267.631 267.631 275.553 3.240% 2.960% Volume. Rebate Volume. Rebate $ 265,021.26 $ 274,054.84 $ 8,586.69 $ 8,112.02 $ 273,607.95 $ 282,166.86 $ 91,202.65 $ 94,055.62 0.490% 1.130% $ 446.89 $ 1,062.83 $ 274,054.84 $ 283,229.69 $ 274,054.84 $ 283,229.69 3.4% 3.35% 2/5/2020 April 7, 2020, Item #3Tip Fee Effective Date: Del Mar, Encinitas, Solana Beach, Vista Current Rate 2/3 CPI% CPI$ CPI Change as of Total Current Rate Current Rate 1/3 CPl%-Vol% CPI-Vol$ CPI-Vol$ as% of Total Current Rate Total Current Rate Total Adjustment Adjusted Rate % Change National City, Poway Current Rate 2/3 CPI% CPI$ Current Rate 1/3 CPl%-Vol% CPI-Vol$ Total Current Rate Total Adjustment Adjusted Rate % Change EDCO Disposal Corporation 25 of 25 7[1[2018 $ 31.72 3.61% $ 1.15 2.41% $ 15.86 3.19% $ 0.51 1.06% $ 47.58 $ 1.65 $ 49.23 3.47% $ 28.60 3.61% $ 1.03 $ 14.30 3.19% $ 0.46 $ 42.90 $ 1.49 $ 44.39 3.47% 7[1[2019 7[1[2020 Notel $ 32.82 $ 32.82 0.00% 2.96% $ $ 0.97 0.00% 1.97% $ 16.41 $ 16.41 0.00% 1.83% $ $ 0.30 0.00% 0.61% $ 49.23 $ 49.23 $ $ 1.27 $ 49.23 $ so.so 0.00% 2.58% Notel $ 29.59 $ 29.59 0.00% 2.96% $ $ 0.88 $ 14.80 $ 14.80 0.00% 1.83% $ $ 0.27 $ 44.39 $ 44.39 $ $ 1.15 $ 44.39 $ 45.54 0.00% 2.59% 2/5/2020 April 7, 2020, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 7, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services fAA Melody Rocco, City Engineer ~ (858) 668-4653 or mrocco@poway.org CITY COUNCIL Resolution Approving a 2% Increase in the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee for Fiscal Year (FY) 2020-21, as required by the TransNet Ordinance On April 1, 2008, the City Council adopted the Regional Transportation Congestion Improvement Program (RTCIP) Traffic Mitigation Fee pursuant to the TransNet Ordinance. The Ordinance calls for the fee to be adjusted annually on July 1 of each year to reflect increases in construction costs. SAN DAG has informed all the Cities and the County of San Diego that the increase in the RTCIP fee for FY 2020-21 is set at 2%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,533.15 to $2,583.82 per new residential unit starting on July 1, 2020. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolution. Discussion: In November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program, which was first initiated in 1987. The TransNet program was designed to fund improvements to the region's transportation system through a half-cent sales tax. In addition to the sales tax extension, the TransNet Ordinance mandates implementation of a local traffic mitigation fee to fund missing improvements on the Regional Arterial System. The local traffic mitigation fee, also known as the RTCIP Traffic Mitigation Fee, was set at $2,000 per residential dwelling unit starting on July 1, 2008. Funds collected from this fee will be used for roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte, and Scripps Poway Parkway. On April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee pursuant to the TransNet Ordinance. The TransNet Ordinance mandates that the adopted RTCIP Traffic Mitigation Fee for new 1 of7 April 7, 2020, Item #4residential dwelling units be adjusted annually for construction cost inflation, based on the construction cost index, but requires a minimum 2% annual increase. The fee was increased by 2% in 2009 through 2014, 2.5% in 2015, and 2% in 2016 and 2017, 3.3% in 2018, and 2% in 2019 and is currently set at $2,533.15 per residential dwelling unit. SAN DAG has informed all the Cities and the County of San Diego (Attachment B) that the percentage increase for FY 2020-21 is set at 2%. This will increase the City's RTCIP Traffic Mitigation Fee from $2,533.15 to $2,583.82 per residential unit starting July 1, 2020, for FY 2020-21. Environmental Review: This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails a State-mandated update to a current City fee, and there is no possibility that this will have a significant effect on the environment. Fiscal Impact: Using the new fee of $2,583.82 per new residential dwelling unit, estimated revenue of $527,099 is projected for FY 2020-21. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, March 26, 2020. A second Notice of Public Hearing was published in the same publication on Thursday, April 2, 2020. Attachments: A. Resolution B. SANDAG Agenda Item No. 7 dated February 28, 2020 Reviewed/ Approved By: ~~L-----Wend0Kaserman Assistant City Manager 2 of7 Reviewed By: Alan Fenstermacher City Attorney App roved By: City Manager April 7, 2020, Item #4RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING A 2% INCREASE IN THE REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM (RTCIP) TRAFFIC MITIGATION FEE FOR FISCAL YEAR (FY) 2020-21, AS REQUIRED BY THE TRANSNET ORDINANCE WHEREAS, in November 2004, voters in San Diego County approved a 40-year extension to the existing TransNet program to fund improvements to the region's transportation system; WHEREAS, the extension Ordinance requires local agencies to collect traffic mitigation fees, starting July 1, 2008, from residential dwelling units to fund the Regional Transportation Congestion Improvement Program (RTCIP) to ensure that new development directly invests in the region's transportation system to offset the negative impact of growth on congestion and mobility; WHEREAS, on April 1, 2008, the City Council adopted the RTCIP Traffic Mitigation Fee of $2,000 per residential dwelling unit pursuant to Section 9A of the TransNet Ordinance; WHEREAS, Section 9A of the TransNet Ordinance also mandates that the RTCIP Traffic Mitigation Fee shall be increased annually, in an amount not to exceed the percentage increase set forth in the Engineering Construction Cost Index published by the Engineering News Record or similar cost of construction index with a minimum increase of 2%; WHEREAS, the City Council has adopted annual increases to the RTCIP Traffic Mitigation Fee and the current fee is $2,533.15 per residential dwelling unit, pursuant to Section 9A of the TransNet Ordinance; WHEREAS, SANDAG has informed the City that the percentage increase in the RTCIP Traffic Mitigation Fee for FY 2020-21 is set at 2%; and WHEREAS, the City Council intends by this Resolution to increase the City's RTCIP Traffic Mitigation Fee from $2,533.15 to $2,583.82 per residential dwelling unit to meet the requirement of Section 9A of the TransNet Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails State-mandated updates to current City regulations, and there is no possibility that this will have a significant effect on the environment. SECTION 2: The City Council, starting July 1, 2020, hereby increases the RTCIP Traffic Mitigation Fee from $2,533.15 to $2,583.82 per residential dwelling unit, regardless of type, to fund roadway and traffic signal improvements on Espola Road, Poway Road, Pomerado Road, Twin Peaks Road, Community Road, Ted Williams Parkway, Camino Del Norte, and Scripps Poway Parkway considered part of the Regional Arterial System. 3 of7 ATTACHMENT A April 7, 2020, Item #4Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 4of7 April 7, 2020, Item #4Item: 7 Board of Directors February 28, 2020 TransNet Regional Transportation Congestion Improvement Program Proposed Fee Adjustment Overview The TransNet Extension Ordinance requires the 18 cities in the San Diego region and the County of San Diego to collect a Regional Transportation Congestion Improvement Program (RTCIP) fee from the private sector for each new housing unit constructed in its jurisdiction, with certain exceptions, including low income residential units and accessory dwelling units. The purpose of this fee (sandag.org/rtcip) is to help ensure that future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SANDAG. Key Considerations SANDAG is required to adjust the minimum RTCIP fee amount on July 1 of each year based on an analysis of construction cost indices, but never less than 2%. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System. Based on an analysis of construction cost trends and relevant indices, staff recommends a 2% fee adjustment to the RTCIP, raising the minimum RTCIP fee from $2,533.15 to $2,583.82 beginning July 1, 2020 (Attachment 1 ). Next Steps Action: Approve The Board of Directors is asked to approve a 2% adjustment to the Regional Transportation Congestion Improvement Program, raising the minimum fee from $2,533.15 to $2,583.82, beginning July 1, 2020. Fiscal Impact: The Regional Transportation Congestion Improvement Program fee would increase from $2,533.15 to $2,583.82 beginning July 1 , 2020. Schedule/Scope Impact: The Regional Transportation Congestion Improvement Program fee is collected for each new housing unit constructed (with certain exceptions) and may be used for projects on the Regional Arterial System, such as new or widened arterials, traffic signal coordination, freeway interchange and related improvements, railroad grade separations, and improvements required for express bus and rail transit. In accordance with TransNet Extension Ordinance provisions, 1 each jurisdiction's RTCIP funding program must be submitted for review by the Independent Taxpayer Oversight Committee (ITOC) by April 1 of each year to remain eligible for TransNet local street and road funding. The annual submittal of RTCIP funding programs by local jurisdictions is scheduled for review at the April 8, 2020, ITOC meeting. Hasan lkhrata, Executive Director Key Staff Contacts: Stephanie Guichard, (619) 699-6977, stephanie.guichard@sandag.org Ariana zur Nieden, (619) 699-6961, ariana.zurniedenr@sandag.org Attachment: 1 . Discussion Memo Section 9 of the TransNet Extension Ordinance requires that local jurisdictions establish a program or mechanism for funding the Regional Arterial System. For purposes of the RTCIP, the Regional Arterial System is defined in the most recent Regional Transportation Plan adopted by SANDAG. 5 of 7 ATTACHMENT B April 7, 2020, Item #4Attachment 1 Discussion Memo Background The TransNet Extension Ordinance requires the 18 cities and the County of San Diego to collect a fee from the private sector for each new housing unit1 constructed in that jurisdiction for contribution to the Regional Transportation Congestion Improvement Program (RTCIP). RTCIP revenue is required to be used to construct improvements on the Regional Arterial System such as new or widened arterials; traffic signal coordination and other traffic improvements; freeway interchange and related freeway improvements; railroad grade separations; and improvements required for express bus and rail transit. The TransNet Extension Ordinance further requires SANDAG to adjust the RTCIP fee amount each year and states that in no event shall the adjustment be less than 2% per year, or more than the percentage increase set forth in the Engineering Construction Cost Index (CCI) published by the Engineering News Record (ENR), or a similar CCI. The purpose of this annual adjustment is to ensure that the RTCIP retains its purchasing power to improve the Regional Arterial System and to help ensure future development contributes its proportional share of the funding needed to pay for the impact of new growth on the Regional Arterial System and related regional transportation facility improvements, as defined in the most recent Regional Transportation Plan adopted by SANDAG. The RTCIP funding programs fall under the responsibility of the 19 local jurisdictions, which must maintain their RTCIP funding programs and comply with specific administrative requirements in order to remain eligible for TransNet local street and road funding. The RTCIP has been implemented to the San Diego region since July 1, 2008. Annual RTCIP fee adjustments, funding program reports, and related audits can be found at sandag.org/rtcip. Relevant excerpts can be referenced at TransNet Extension Ordinance and SANDAG Board Policy No. 031 . Analysis of Construction Cost Indices SANDAG staff evaluated changes recorded in the ENR Los Angeles CCI, which is based on monthly price changes in four areas: lumber, cement, structural steel, and labor. Los Angeles reflects construction cost trends similar to those in San Diego. During the period that covers December 2018 to December 2019 (latest available data), the ENR Los Angeles CCI increased by only .2%, much less than the ENR National CCI, which grew by 1.7%, and the Caltrans CCI, increasing 6.7%. As cost indices show some volatility, it is important to focus on the longer-term picture from 2008-when the RTCIP was first instituted-when considering the required annual adjustment. The cumulative growth of the RTCIP has been 26.6%, with the ENR Los Angeles CCI seeing a 22.5% growth over the same period. The ENR National CCI (33.1 %) and Caltrans CCI (72%) both exceeded this rate over the same period. While the ENR Los Angeles CCI is the slowest growing of the CCls considered, the chart below shows it also has increased at about the same rate as the RTCIP. This comparison over time also shows that by maintaining the annual adjustment at the minimum 2% increase required, the RTCIP had fallen behind the overall goal of keeping pace with inflation in 2017, but has caught up since then, as construction costs were almost flat in 2019. 1 Units constructed for extremely low-, very low-, and moderate-income household-as well as accessory dwelling units-are exempted. 6 of7 2 April 7, 2020, Item #4Construction Cost Index (2008 = 100) 135 130 125 120 115 110 105 100 95 Comparing Construction Costs (2008=100) TransNet RTCIP vs. ENR LA CCI 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 -TransNet RTCIP-ENR CCI -LA There is a consensus that construction costs will increase in 2020, driven by labor costs. While a US recession would moderate these costs, no recession is expected in the short term, and in any case, its impact on costs would take time to materialize. In the current situation-when the most recent available data shows increases in the national and Los Angeles CCI both below 2%-there is no need to adjust the RTCIP fee by more than the required minimum of 2% in 2020. Even if CCI inflation were to accelerate from its current low pace, this 2% increase should be enough to ensure that the RTCIP fee maintains its purchasing power to complete necessary road improvements. Staff will continue monitoring the performance of the economy and the construction cost indices. If global economic growth strengthens more than expected in 2020-putting pressure on commodity prices-and labor shortages in the US persist, it could result in high CCI increases, potentially leading to an increase larger than the minimum 2% RTCIP increase for 2021. 7 of7 3 April 7 , 2020, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 7, 2020 Honorable Mayor and Members of the City Coun~,\ Robert Manis, Director of Development Services rv \ Melody Rocco, City Engineer W (858) 668-4653 or mrocco@poway.org An Ordinance Adopting the 2019 Engineering and Traffic Survey CITY COUNCIL Speed limits are set by adopting an Engineering and Traffic Survey (Survey) in accordance with the California Vehicle Code (CVC) and the California Manual on Uniform Traffic Control Devices (MUTCD). An approved survey is valid for seven years and can be extended to ten years if the roadway conditions have not changed. The current Survey was completed in 2012 and adopted in 2013. A revision to the California MUTCD was adopted in 2019 that modified allowable reductions in speed limits. Based upon the expiration of the current Survey and based upon these regulation changes, new speed survey data was collected during the month of December 2019 to update the study in order to comply with eve requirements for enforcement. Recommended Action: It is recommended that the City Council take public input, close the public hearing and introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption for April 21, 2020. Discussion: Sections 22357 and 22358 of the CVC give local municipalities the authority to set speed limits below the maximum speed limits set forth by State law, where such speed limits are supported by an Engineering and Traffic Survey. On May 21, 2013, the City Council approved Ordinance 749 adopting the 2013 Engineering and Traffic Survey. The City's current (2013) Survey was prepared pursuant to the guidelines of the previous CA MUTCD. This manual allowed for a 5 mph speed reduction based on the roadway geometrics, which includes horizontal and vertical curves as well as the roadway cross section. On March 29, 2019, California adopted the current MUTCD (2014 CA MUTCD Revision 4), which eliminated the 5 mph reduction associated with roadway geometrics. The current MUTCD calls for speed limits to be established to the nearest 5 mph increment of the 85th percentile speed. For example, if the 85th percentile speed is 37 mph, the speed limit should be posted at 35 mph. However, if the 85th percentile speed is 38 mph, the speed limit should be posted at 40 mph. 1 of7 April 7 , 2020, Item #5Under the current CA MUTCD, a speed limit may be reduced from the 85th percentile speed by 5 mph due to a collision rate that is higher than the State average for that type of facility. The reduction is intended to assist in lowering the collision rate for the roadway segment. A reduction can also be taken for "non-apparent conditions" such as bicycles, pedestrians, vehicles, and intersections not readily visible to drivers. However, if the speed limit has been reduced 5 mph due to the collision rate, it cannot be lowered another 5 mph for "non-apparent conditions". The following traffic and safety conditions could potentially be used as conditions that are not apparent to drivers: driveways directly abutting the roadway with frequent turns, insufficient sight distances, mid-block pedestrian and/or equestrian crossings, and pedestrians and bikers within and along the roadway. Roadway physical conditions, such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would warrant a speed reduction, as the basic rule of section 22350 is sufficient regulation as to such conditions. The proposed 2019 Survey was prepared using the guidelines of the current CA MUTCD and will enable our Sheriffs Deputies to use radar for traffic speed enforcement and provide the legal authority for court requirements. Attachment B depicts the proposed 2019 Survey with a reference number assigned to each roadway segment. Out of 51 segments, only one location is being proposed for a speed limit change. Kirkham Road from Kirkham Court to s·cripps Poway Parkway, Segment 16, is being proposed at 35 mph based on the Survey data collected. The previous posted speed for this segment was 40 mph and the 85th percentile speed collected was 37 mph, therefore it is recommended that the speed be set at 35 mph. All of the remaining segments are maintaining the existing speed limits as were determined using the previous CA MUTCD guidelines. Using the new guidelines did not change the recommended speed limits. At its meeting on February 12, 2020, the Traffic Safety Committee (TSC), which includes a representative from the Sheriffs Department, voted unanimously to support staffs recommendation to adopt the 2019 Engineering and Traffic Survey. There were no residents at the TSC present for the speed survey item. Staff received one email regarding the current speed limit on one segment of roadway prior to the TSC meeting. The email was provided to the committee and discussed during the meeting. Environmental Review: This item is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines as it entails adoption of an Engineering and Traffic Survey and establishing speed limits on several road segments, and there is no possibility that this will have a significant effect on the environment. Fiscal Impact: There are sufficient funds available in the Street Striping Account (411040-4330) to remove and install the speed legend changes estimated at $500, and in the Sign Maintenance Materials Account (411040-45300) to replace the speed limit sign changes estimated at $250. Public Notification: A Notice of Public Hearing was published in the Poway News Chieftain on Thursday, March 26, 2020. 2 of7 April 7 , 2020, Item #5Attachments: A. Ordinance B. 2019 Engineering and Traffic Survey Reviewed/Approved By: Wendy K~rman Assistant City Manager 3 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 7 , 2020, Item #5ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING THE 2019 ENGINEERING AND TRAFFIC SURVEY WHEREAS, Sections 22357 and 22358 of the California Vehicle Code give local municipalities the authority to set speed limits below the maximum speed limits set forth by State law, where such speed limits are supported by an Engineering and Traffic Survey; WHEREAS, Section 627 of the California Vehicle Code defines the Survey requirements deemed necessary by the State; WHEREAS, Section 10.32.010 of the Poway Municipal Code allows the City Council to determine the most appropriate speed limits on certain streets within the City Limits based on an Engineering and Traffic Survey; and WHEREAS, the 2019 Engineering and Traffic Survey, included in the staff report as Attachment B, has been prepared in accordance with Section 627 of the California Vehicle Code and Section 28.13 of the California Manual on Uniform Traffic Control Devices to set speed limits in the City of Poway. 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: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3) of the CEQA Guidelines, as it entails adoption of an Engineering and Traffic Survey and establishing speed limits on several road segments, and there is no possibility that this will have a significant effect on the environment. SECTION 3: The 2019 Engineering and Traffic Survey is hereby adopted. SECTION 4: This Ordinance shall be codified. EFFECTIVE DA TE: 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. 4of7 ATTACHMENT A April 7 , 2020, Item #5Ordinance No. Page 2 INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of Poway, California, held the 7th day of April 2020, and thereafter PASSED AND ADOPTED at a Regular Meeting of said City Council held the 21st day of April 2020, by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMG, City Clerk 5 of7 April 7 , 2020, Item #5O'I 0 ..... ...... ~ ~ n ::c: s: m z -I DJ 2019 Engineering & Traffic Survey Summary City of Poway SEGMENT SPEED DATA (mph) TRAFFIC DATA ACCIDENTS (3-yr period) RECOMMENDATION No. Street Name From To Posted 50%ile 85%ile length (miles) ADT Segment Rate State Av. Speed (mph) Comments ----~ ~JyJ~-~-E:!1_t_1:_~_I?!!~~------------------------Community Road ______________ Poway Road ________________ -------~.? ___ 4 Community Road _________________________________ T~J!l_f_E:~-~~-~~-a_~---------------Sycamore Tree Lane _______ -------~.? ___ 5 Community Road _________________________________ Sycamore Tree Lane __________ ~~J_a_!E:_~~~~-----------------------~.? ___ 6 Community Road _________________________________ ~!:!~!~-~.?-~~--------------------Scripps Poway Pkwy _______ -------~.? ___ 7 Community Road---------------------------------Scripps Poway Pkwy __________ Kirkham R_o_ad ________ -------~.? ___ 8 Danielson Street/ General Atomics Way ______ Community Road Kirkham Way _______________ -------~.? ----~ !J..~!!.'.~_r:1.!E:!l_!E:_~?..~9 ________________________________ Es po la Road _________ _,_Westerly End _______________ -------~.? __ 10 Espola Road _______________________________________ Westerly City Limit ____________ ~~'?;!.~~!_~f!_I?!!~~-------------------~.? __ 11 Espola Road _______________________________________ ~J~-~9-~~'?!!_~_rJy_E: _______________ Titan Way __________________ -------~.? __ 12 Espola Road _______________________________________ Titan Way ______________________ Poway Road ______________________ 45 --~~ §.~!iE:!1 __ ~~.?-~--------------------------------------Poway Road ____________________ Sycamo r e Valley Road _____ -------~.? _ 14 High Valley Road---------------------------------Espola Road____________________ Easterly End ________________ -------~9 _ 15 Hilleary Place____ --------t~J9J!3_~9-~'?.?_~------------------Community Road -------11---35 _}_~ ~J!~-~~-'!1-~~.?-~-------------------------------------~J~~-~~_!!l __ Co_urt ______ ..... scripps Poway Parkway ___ -------~9 _ 17 Kirkham Way-------------------------------------Scripps Poway Pkwy General Atomics Way _____ -------~.? -~~ ~J9J.?_~i_R_oa_d _________________________________ Aubrey Street Edgemoor Street __________ -------~.? 26 Oak Knoll Road Pomerado Road Carriage Road 25 27 Old Coach Road Espola Road Northerly End 35 27 45 36 43 34 35 34 44 46 42 35 30 33 33 44 31 30 35 35 35 21 35 25 26 31 31 0.47 --------------------------49 0.79 40 1.03 47 0.72 -------------------------- 38 0 .29 38 1.71 40 0.61 47 0.94 so 2 .16 45 2.10 39 1.04 35 1 .17 36 0.25 37273 0 0 .00 1.36 SO Maintain 50 2086 1 1.35 1.3 30 Maintain 30 ------------------------------------+------------------------- 3625 0 -------------------24035 6 28225 6 18747 6 ------------------- 2377 0 3607 1 ------------------- 1073 0 16474 3 12934 5 ------------------- 15456 7 ------------------- 10938 0 1573 1 0.00 1.3 25 Maintain 25 ---------------------+------+---------------- 0.87 1.56 0.57 1.36 1.22 1.36 0.00 1.56 0.44 1.3 0.00 1.3 0.53 1.56 45 Maintain 45 35 Maintain 35 45 Maintain 45 35 Maintain 35 35 Maintain 35 35 Maintain 35 45 Maintain 45 0.49 1.56 45 Maintain 45 ------------------------------------------------------ 0.59 1.3 45 Maintain 45 0 .00 1 .3 35 Maintain 35 1.49 1.3 30 Maintain 30 6234 1 1.76 1.3 35 Maintain 35 ----1--------------------------------------------------- 37 0 .28 2581 0 0.00 1.56 35 Reduce to 35 ----------------+------+----• 48 2.12 35 0.59 38 1.41 40 1.28 40 0.35 39 0.49 25 0.25 5214 4 3316 0 1520 0 1979 1 ------------------- 2902 0 ------------------- 4775 0 ------------------- 6049 0 --------------------------------------- 38 0 .88 30 0.30 30 0.51 37 1.77 9433 8256 2945 1979 0 1 4 0 0.99 1.56 +-----45 Maintain 45 0.00 1.3 30 Maintain 30 ----------------------------------------------------- 0.00 1.3 ____ 35 Maintain 35 1.08 1.3 35 Maintain 35 0.00 1.3 35 Maintain 35 0.00 1.3 35 Maintain 35 0.00 1.3 25 Maintain 25 0.00 1.36 35 Mai ntain 35 -------------------------------------------- 1.111.3 30 Maintain 30 7.30 1.3 25 Maintain 25 0.00 1.3 35 Maintain 35 April 7 , 2020, Item #5-.J 0 .... -.J 2019 Engineering & Traffic Survey Summary City of Poway SEGMENT SPEED DATA (mph) TRAFFIC DATA ACCIDENTS (3-yr period) RECOMMENDATION No. Street Name From To Posted 50%ile 85%ile Length (miles) 28 Old Pomerado Road Pomerado Road Southerly End ______________ -------~9 30 ------~~ q~?? _____________ _ __ 34 Poway Road --------------------------------------~~~-~-~9J!_~9_<!_9 ________________ _ Garden Road 35 --------------------------------------- __ 35 Poway Road --------------------------------------~-~~9-~~-~<:.?_~-------------------Espola Road ________________ -------~9 --36 Poway Road --------------------------------------Espola Road ___________________ _ SR-67 50 __ 37 Scripps Poway Parkway _________________________ Westerly City Limit ____________ Community Rd _____________ -------~? __ 38 Scripps Poway Parkway _________________________ Community Road ______________ l?.?_~!~!~9-~-~!~~-E:.! __________ 55 __ 39 Scripps Poway Parkway _________________________ Danielson Street _______________ Easterly City Limit _________ -------~9 __ 40 Stone Canyon Road ______________________________ ~-<!.~~!..'!.9_<!__~9_'!_9________________ t::'1..?_~i~_<:.<:!!_~9..'!.9 ____________ -------~? __ i! ?!!:~~-~~i~~---------------------------------------~-<!.~~!..'!.9_C!_~9_'!_9 ________________ Scripps Poway Parkway ___ -------~? __ i~ ?!!:~~-~~i~~---------------------------------------Scripps Poway Pkwy __________ Kirkham Way _______________ -------~? __ 43 Sycamore Canyon Road _________________________ ~-~~9-~~-~<:.?_~-------------------Easterly City Limits ________ -------~9 --44 Tech Center/ Parkway Center Drive ___________ ?!~~~-~-~~~--------------------Kirkham Way _______________ -------~9 --45 Ted Williams Parkway ___________________________ Westerly City Limit ___________ _ Pomerado Road 50 ------------------------------ --------- __ 46 Ted Williams Parkway ___________________________ ~-<!.~~!..'!.9_<!__~9_'!_9 ________________ ~~~~-~!:.~~}-~_<:.?_~------------------~9 44 35 42 43 46 34 45 49 47 53 60 33 42 34 38 30 46 34 32 45 43 34 30 49 1.31 40 0.34 47 2.14 48 1.25 51 0.47 39 2.66 48 1.10 53 2.62 53 1.29 56 1.54 65 1.44 37 1.28 45 2.27 38 0.24 41 0.92 33 0.46 52 0.35 39 0.26 37 0.95 49 1.44 47 1.13 -------------------------- 38 0.62 -------------------------- 35 0.56 ADT Segment Rate State Av. Speed (mph) Comments 1147 1 27178 1 ------------------- 23827 0 ------------------- 22544 5 33216 38182 0 2 31798 43 ------------------- 11520 0 18437 8 33361 0 -------------------18403 6 22009 5 ------------------- 2823 2 5064 3847 3 0 481 0 ------------------- 2773 0 31083 0 15530 0 ------------------- 1454 0 41663 12 21932 1 ------------------- 5819 0 1438 0 3.18 1.3 0.08 1.56 0.00 1.36 30 Maintain 30 45 Maintain 45 40 Maintain 40 ------------------~---------------------------- 0.28 1.56 45 Maintain 45 0.00 1.25 45 Maintain 45 0.31 1.36 45 Maintain 45 1.39 1.36 35 Maintain 35 0.00 1.36 50 Maintain 50 0.45 1.3 50 Maintain 50 0.00 1.36 55 Maintain 55 --------------------------------- 0.58 1.36 55 Maintain 55 ------------------+--------------------------- 0.43 1.36 1.52 1.28 0.72 1.56 ---------------------0.00 1.56 0.00 1.3 0.00 1.56 0.00 1.36 0.00 1.36 0.00 1.3 0.55 1.56 0.11 1.56 --------------------- 0.00 1.3 0.00 1.3 60 Maintain 60 35 Maintain 35 45 Maintain 45 35 Maintain 35 40 Maintain 40 30 Maintain 30 50 Maintain 50 40 Maintain 40 35 Maintain 35 45 Maintain 45 45 Maintain 45 35 Maintain 35 -----30 Maintain 30 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway CITY COUNCIL April 7, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services� Oda Audish, Associate Planner 858-668-4661 or oaudish@poway.org Environmental Assessment, Conditional Use Permit 18-019, Development Review 18-008, and Variance 19-001, a request to expand St. Bartholomew's Episcopal Church Parish Community Center and Preschool at 16275 Pomerado Road This action is a request for an Environmental Assessment, Conditional Use Permit (CUP), Development Review (DR), and Variance (VAR) to allow St. Bartholomew's Episcopal Church to implement a phased modification and expansion of their campus located at 16275 Pomerado Road in the Rural Residential ( (RR-C) zone. The proposed expansion consists of demolishing the existing parish hall, establishment of a new parking lot area, construction of a new expansion of the existing pre-school playground area, construction of a new parish community center and increasing the maximum number of preschool students from 82 to 154 students. A Variance is requested to allow the proposed parish community center to observe a 29-foot front yard setback along Pomerado Road where 40 feet is required. The project complies with all City standards except for the requested reduced front yard setback for which findings can be made to grant a Variance. Recommended Action: It is recommended that the City Council take public input, close the public hearing and adopt the Resolutions. Discussion: The 5.16-acre project site is located at 16275 Pomerado Road and is developed with St. Bartholomew's Episcopal Church. The church was established at the site in 1967 and since then has been subject to various modification and expansion projects. Currently, the site consists of four buildings (a sanctuary, an administration/youth group/chapel building, an education (preschool) building, and a parish hall) totaling 34,384 square feet. In addition, the site is developed with a columbarium, playground, parking lot with 158 parking spaces, and landscaping. The property slopes approximately 80 feet up from the northwest corner at street level towards the southeast corner of the site. The 1 of 67 April 7, 2020, Item #6 buildings are clustered on a plateau near Pomerado Road, 20 to 30 feet above street level. The majority of the parking lot is located on the northerly portions and lower levels of the lot. The site is bordered by rural residential properties to the north, east and south. These neighboring properties are developed with single-family residences except for a religious facility, First Church Christ Scientist, located to the north. Pomerado Road borders the site along the west property line and marks the boundary between the City of Poway and City of San Diego. A residential neighborhood in the City of San Diego is located behind a six-foot high wall on the west side of Pomerado Road. Attachment C is a location/zoning map. In 1967, the County of San Diego approved a Major Use Permit P-67-135 to establish St. Bartholomew Episcopal Church on the subject property. In May 1989, the City Council approved CUP 88-19, a master plan for the expansion of the church including a 3,886 square-foot addition to the existing sanctuary building, a 594 square-foot addition to the existing parish hall, and a 4,527 square-foot parish hall and administration building. In December 1991, the City Council approved a CUP modification (CUP 88-19M), to construct a columbarium on the site. In March 1999, the City Council approved a second CUP modification (CUP 88-19M(2)) to convert 3,000 square feet of the existing parish hall into a preschool for up to 44 children . In February 2000, the City Council approved a third CUP modification (CUP 88-19(M2)) for a two-phased expansion. The first phase consisted of a new 12,757 square-foot education building and an increase in the preschool enrollment from 44 to 82 children. The second phase consisted of demolishing the existing sanctuary and replacing it with a new 16,395 square-foot sanctuary. The approval also included a Variance to allow the new sanctuary building to exceed the 35-foot height limit and to allow a corner of the educational building to encroach 35-feet into the required SO-foot side yard setback. Only Phase One was completed . In March 2019, staff approved a minor modification to the church's CUP (CUP 18-021) to convert the existing teen youth room to a chapel and changing the use of the existing choir room to a teen youth room. The applicant is proposing a phased modification and expansion of the church campus (Attachment D). The main aspects of the phases are described below. Phase One This phase would demolish the existing two-story parish hall and replace it with a new parking lot containing 29 new parking spaces, including accessible parking spaces (Attachment E). Because of its central location and elevation compared to the remaining parking lot, the new parking lot will provide a more convenient access to the existing church and educational buildings. In accordance with Poway Municipal Code (PMC) Section 17.08 .170.B.3, a six-foot high decorative masonry wall will be provided along the southerly perimeter of the new parking lot because it will be located less than 75 feet from a residential property to the south. The existing ramp to the columbarium near the south property line would be removed and relocated further north. A new playground dedicated for two-year-olds would be constructed in the area vacated by the ramp removal. Accessible sidewalk transitions will be required at the Pomerado Road driveway entrance as a part of Phase One . Phase One is anticipated to be completed by June 2021. During this phase, the applicant proposes to remove 38 trees to accommodate the proposed development or to remove trees that are in a poor health. The removal of the trees will be subject to approval of a Tree Removal Permit and replacement with a goal of 1 :1 ratio in accordance with the City's Urban Forestry Ordinance. 2 of 67 April 7, 2020, Item #6 Phase Two Phase Two involves the construction of a new 13,422 square-foot, two-story parish community center to be constructed over an existing graded slope located to the north of the sanctuary building (see Attachment F for a site plan, floor plan, and elevations). The building would be constructed in two phases: • Phase Two-A. The 5,300 square-foot lower floor of the future two-story parish community center and an interim roof terrace covering the entire lower floor would be constructed first. The lower floor will contain three meeting areas, a kitchen and a restroom. An elevator will provide access to the roof terrace that is located at the level of the sanctuary, administration building, and educational building. The roof terrace is intended to be used for gatherings. The terrace would be largely covered by cloth canopies to provide shade and a sound wall with partial transparent glass would be added to the perimeter of the terrace to reduce noise from Pomerado Road and make the outdoor space more suitable for gatherings. This phase is expected to be completed by June 2023. • Phase Two-B. This phase would complete the parish community center by converting the roof terrace to a 5,300 square-foot parish hall on the second level by enclosing the roof deck area. Also included is a 2,129 square-foot "wing" addition to the parish hall on the second level. The new wing would contain a kitchen and restroom facilities to serve the parish hall. The kitchen on the first floor of the building would be removed and converted into a meeting room. The architecture of the parish community center building is compatible with the architecture of the other buildings on the site. The final phase of the parish community center is anticipated to be completed by June 2028. Phase Three Phase Three would change six existing Sunday school classrooms within the educational building to preschool classrooms to allow the preschool student count to increase from 82 to 154 students. Proposed exterior modifications to the educational building consist of adding a second emergency stairwell and adding guardrail extension for health and safety reasons. This phase is anticipated to be completed by June 2028. Variance Request A Variance is requested to allow the proposed parish community center to observe a 29-foot front yard setback along Pomerado Road where 40 feet is required in the RR-C zone (see overall site plan Attachment G). The City Council can allow a Variance based on special circumstances applicable to the property, which makes the strict application of the PMC burdensome and restricts property rights that are enjoyed by others in the surrounding neighborhood. The applicant is requesting the reduced setback due to special circumstances related to the topography of the site and city-regulations which limit the development of religious facility buildings or parking lots which are limited to areas on the property that are less than 10 percent in slope or has been previously graded. Therefore, the development of a new parish community center that would be in proximity to and at the same level of the sanctuary, education building, and other buildings would be limited to the western portion of the site close to Pomerado Road. The requested setback is greater than or equal to the front yard setback of the existing educational building and sanctuary. The incorporation of trees and other landscaping along the slope near Pomerado Road will further soften the appearance of the building. The nearest home to the proposed parish hall building is 3 of 67 April 7, 2020, Item #6 located more than 125 feet away, across Pomerado Road behind a wall. The nearest development to the south and east will not be able to see the portion of the building with the reduced setback. The nearest property to the north that would be able to see the building is more than 300 feet away and is also developed with a religious facility. As a result of the constraints and situational circumstances listed above, staff believes the required findings to support the Variance can be made as set forth in the attached Resolution . Neighborhood Meeting A Neighborhood Meeting was held for the proposed project on September 25, 2019 . Approximately nine neighbors attended the meeting and one neighbor commented thereafter. The neighbors had questions and concerns about the appearance of the new two-story community center building close to Pomerado Road, the potential increased noise from the additional preschool children and the proposed tree removals. The noise analysis evaluated potential noise that would affect or be produced by the church's project. The primary noise source in the project vicinity is vehicular traffic, particularly from Pomerado Road which borders the project site on the west side. The noise analysis evaluated the existing and future noise sources generated by the proposed project consisting of HVAC units, children in the playground, people having conversations in outdoor gathering areas, and vehicle movement. The noise study also considered occasional use of amplified sound on the proposed terrace for specific events subject to City approval of a Temporary Use Permit. The analysis found that at the property line, the noise levels generated by the project would be 50 dBA Leq or less during daytime hours, 45 dBA Leq or less during the evening, and 40 dBA Leq or less during the night. These noise levels comply with the PMC and the City of San Diego Municipal Code noise limits. It should also be noted that consistent with the operational parameters for other religious facilities in Poway, a condition of approval contained in the resolution prohibits the use of outdoor amplified sound except for special events approved with a Temporary Use permit by the City. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. Studies were submitted related to noise, traffic generation, greenhouse gasses, drainage and storm water quality. Furthermore, a letter was sent to the Tribal Representatives for Mesa Grande Band of Mission Indians and Barona Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction and have requested notification of the proposed project. The EIS determined that the project would not have a significant effect on the environment, provided mitigation measures for cultural monitoring and preservation are included, for ground disturbing activities. A Mitigated Negative Declaration (MND) has been prepared. Staff recommends that the City Council adopt the MND and approve the project because there is no substantial evidence in the record that would support a fair argument that the project will result in any significant impacts on the environment. The MND and EIS are included as Exhibit A of Attachment A. A Notice of the Availability of the EIS and proposed MND for public review and comment was provided pursuant to the requirements of CEQA. As of the writing of this report, no comments on the EIS and proposed MND have been received. Any comments that are received will be provided to City Council prior to the public hearing on this matter. 4 of 67 April 7, 2020, Item #6 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 18-019, DEVELOPMENT REVIEW 18-008, VARIANCE 19-001 FOR AN EXPANSION OF ST. BARTHOLOMEW EPISCOPAL CHURCH, ASSESSOR'S PARCEL NUMBER 275-510-19 WHEREAS, the City Council considered Conditional Use Permit (CUP) 18-019, Development Review (DR) 18-008, and Variance (VAR) 19-001 for a phased modification and expansion of the St. Bartholomew's Episcopal Church campus located at 16275 Pomerado Road in the Rural Residential-C (RR-C) zone consisting of the demolition of an existing 8,435 square- foot, two-story parish hall, establishment of a new parking lot area, expansion of the existing pre- school playground area, construction of a new 13,422 square-foot two-story parish community center, conversion of six Sunday school classrooms to six preschool classrooms, an increase in the maximum number of preschool students from 82 to 154 students, and allowing the proposed parish community center to observe a 29-foot front yard setback along Pomerado Road where 40 feet is required in the RR-C zone; WHEREAS, on March 17, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; 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: In accordance with the requirements of the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) and a proposed Mitigated Negative Declaration (MND) have been prepared for CUP 18-019, DR 18-008 and VAR 19-001 involving the expansion and modification of the St. Bartholomew's Episcopal Church campus . The City Council has considered the EIS and MND, and public comments received on the EIS and MND. The subject EIS and MND documentation are fully incorporated herein by this reference. The City Council 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. The City Council hereby adopts the MND and the Mitigation Monitoring and Reporting Program (MMP) included as Exhibit A. SECTION 2: According to the Prehistoric and Historic Resources Element of the Poway General Plan, the project site is in an area with a high probability that archeological/cultural resources are present. The project site was developed with a church in 1967 and has been subject to several expansion projects over the years. Grading and excavation required for the project will be located in areas of previous disturbance. However, based on the high frequency of prehistoric archaeological site surrounding the project area and the potential to encounter buried or masked archaeological resources during grading, archaeological monitoring is recommended. The Mesa Grande Band of Mission Indians asked that native cultural monitoring be conducted during ground disturbance considering that the church is located about half a mile from a known sensitive cultural resource to the north of the church site. With the implementation of the recommended mitigation measure to provide cultural and tribal monitoring during grading 6 of 67 ATTACHMENT A April 7, 2020, Item #6 Resolution No. 20- Page 2 and excavation activities, the potential impacts of the Project on any unknown cultural resource would be reduced to a less than significant. These mitigation measures have been incorporated into the MND and will be enforced through the MMP attached hereto as Attachment 2 of Exhibit A. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of March, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 7 of 67 April 7, 2020, Item #6 A. INTRODUCTION ATTACHMENT 1 CITY OF POWAY ENVIRONMENT AL INITIAL STUDY AND CHECKLIST This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared Mitigated Negative Declaration for the proposed project. 8. PROJECT INFORMATION 1. Project Title: St Bartholomew's Episcopal Church Parrish Community Center and Preschool Expansion, Conditional Use Permit (CUP) 18-019, Development Review (DR) 18-008, and Variance (VAR) 19-001 2. Lead Agency Name and Address : ----=C=it:..i..y--=o:..:..f-=-P-=o=w:..:a:.i.y.,_, =D-=e-=-ve:.:l.:co.c.p:..:..m:.a:e""'n'-!.t-=S-=e.:..;rv:..:..ic::..::e::..::s'------ 13325 Civic Center Drive, Poway, CA 92064 3. Contact Person and Phone Number: Oda Audish, Associate Planner, (858)668-4661 4. Project Location: 16275 Pomerado Road, Poway CA 92064 5. Project Sponsor's Name and Address: Mark Davis, 16275 Pomerado Road, Poway, CA 92064 6. General Plan Designation: _R~u-ra_l_R~e-s~id~e~n-ti~a~I-C~--------------- 7. Zoning: Rural Residential-C (RR-C) 8. Description of Project: This is a request for a phased modification and expansion of the St. Bartholomew's Episcopal Church campus located at 16275 Pomerado Road consisting of the demolition of an existing 8,435 square-foot, two-story parish hall, establishment of a new parking lot area, expansion of the existing pre-school playground area, construction of a new 13,422 square-foot, two-story parish community center, conversion of six Sunday school classrooms to six preschool classrooms, and increasing the maximum number of preschool students from 82 to 154 students. A Variance is also requested to allow the proposed parish community center to observe a 29-foot front yard setback along Pomerado Road where 40 feet is required in the RR-C zone. The proposed project will also require grading, installation of a new wall along the parking lot, construction of a new walkway, removal of trees, installation of stormwater treatment facilities, and relocation of a fire hydrant. The proposed project will be constructed in phases over approximately eight years as funding becomes available. The first phase would include the demolition of the existing parish hall and replacing it with a new parking lot. A new pedestrian ramp will be created from the new parking lot to the existing columbarium and the area of the existing ramp will be developed with a separate playground for two-year old children. The two next phases would include the construction the new parish community center. The first floor with an interim roof terrace covered with red fabric would be constructed first. 9 of 67 1 April 7, 2020, Item #6 EIS and Checklist Subsequently, the roof terrace would be converted to the second floor of the community center and a permanent roof would be constructed. The final phase would involve changing six existing Sunday School classrooms to preschool classrooms to allow the preschool student count to increase from 82 to 154 students at any one time. 9. Surrounding Land Uses and Setting: The 5.16-acre project site is located in an urban setting and surrounded by single-family residential uses on all sides, except for a religious facility that is located to the north. Pomerado Road borders the site along the west property line. The site slopes approximately 80 feet downward from the southwest corner to the northeast corner. The project site is developed with a religious facility consisting of five buildings (a sanctuary, an administration building, an education (preschool) building, and a parish hall) totaling 34,384 square feet. In addition, the site is developed with a columbarium, playground, parking lot, and landscaping. The approximately one-acre southeasterly portion of the site consists of disturbed native vegetation. 10. Other public agencies whose approval is required (e.g.: permits, financing approval, or participation agreement): None 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? In accordance with Public Resources Code Section 21080.3.1(b), the Mesa Grande Band of Mission Indians and Barona Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction, requested formal notice of and information on proposed projects within the City of Poway. On January 12, 2020, in compliance with California Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives for those tribes notifying the tribes of the proposed project. Responses to the AB 52 consultation notices were received as discussed in this document. NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. 10 of 67 2 April 7, 2020, Item #6 EIS and Checklist C. EIS and Checklist ISSUE I. AESTHETICS. , . : . . . Except a's provided in . Public Cod~,' Section 21099,· would the project: a. Have a substantial adverse effect on a scenic vista? b . Substantially damage scenic resources , including, but not limited to , trees , rock outcroppings, and historic buildings within a state scenic hiqhwav? C. In non-urbanized areas, substantially degrade the existing visual cha racter or quality of public views of the site and its surroundings? (Publ ic views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other requlations qoverninq scenic quality? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? .11. ·AGRICULTURAL AND FORESTRY .. RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources , including timberland , are significant environmental effects , lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land , 12 of 67 POTENTIALLY SIGNIFICANT IMPACT ) ·1 > -: • 'I,, ' ' 4 POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED .. \ LESS THAN SIGNIFICANT IMPACT X \ '< <,' NO IMPACT X X X • X ' ' April 7, 2020, Item #6 EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT MITIGATION IMPACT IMPACT INCORPORATED including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources AQencv , to non-aQricultural use? b. Conflict with existing zoning for agricultural use, or a Williamson Act X contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(9)), timberland (as X defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(q))? d . Result in the loss of forest land or conversion of forest land to non-forest X land? e. Involve other changes in the existing environment which , due to their location or nature, could result in X conversion of farmland to non- agricultural use or conversion of forest land to non-forest use? Ill. AIR QUALITY.: .. ,. ' . ' '' '' ' Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations . Would the project: a. Conflict with or obstruct X implementation of the applicable air quality plan? 13 of 67 5 April 7, 2020, Item #6 EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-X attainment under an applicable federal or state ambient air quality standard? C. Expose sensitive receptors to X substantial pollutant concentrations? d . Result in other emissions (such as those leading to odors adversely X affecting a substantial number of • • I ? IV. BIOLQGICAL RESOURCES. f' .:. ,' ., ,· •, \ ~,• ' .. 1;'"/ •,:.: ,, '· : ~><-r-;;; ~., f¥, •• ~\ ,:f. ', ,: >" I Would the project: >, > > ' ,, . ', a. Have a substantial adverse effect, either directly or through habitat modifications , on any species identified as a candidate, sensitive, or special status species in local or X regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans , policies , X regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to , marsh , X vernal pool, coastal, etc.) through direct removal, filing , hydrological interruption, or other means? e . Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors , or X impede the use of native wildlife nursery sites? 14 of 67 6 April 7, 2020, Item #6 EIS and Checklist ISSUE e. Conflict with any local policies or ordinances protecting biological resources , such as a tree preservation policy or ordinance? f . Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local , regional t t h bt t t • I ? V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? C. Disturb any human remains , including those interred outside of dedicated cemeteries? .VI. ENERGY. ' ' Would the project: · · a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? VII. GEOLOGY AND SOILS. -Would .the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involvinq: I) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geoloqist for the area or based 15 of 67 POTENTIALLY POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED X X -,' ... , ' ,, X X X •',:>-"••' ' ' -' -' ' ' X X X 7 April 7, 2020, Item #6 EIS and Checklist POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN NO SIGNIFICANT UNLESS SIGNIFICANT IMPACT IMPACT MITIGATION IMPACT INCORPORATED on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, X includina liauefaction? iv) Landslides? X b. Result in substantial soil erosion or X the loss of topsoil? C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on-or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating X substantial direct or indirect risk to life or orooertv? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal X systems where sewers are not available for the disposal of wastewater? f. Directly or indirectly destroy a unique paleontological resource or site or X uniaue aeoloaic feature? 16 of 67 8 April 7, 2020, Item #6 EIS and Checklist :VIII. GREE~H9USE GAS EMISSIONS. ·_ . _ ". . ·. . ., .. _ , ·-·-.wouldtheproject:-.-:··-·· · .. _·;-_,0 •• ;: ·::;-••• • •• • • _ • ·: t' --.: , a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of • h ? • IX. HAZARDS AND HAZARDOUS MATERIALS. ·- Would the project: .. a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident cond itions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials , substances or waste within one-quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 .5 and , as a result , would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working within the project area f. Impair implementation of, or physically interfere with , an adopted emergency response plan or emergency evacuation plan? g. Expose people or structures either directly or indirectly, to a significant risk of loss, injury o r death involvinQ 17 of 67 X X ., : ;:../ . : . ' •' . ,, X X X X X X X 9 April 7, 2020, Item #6 EIS and Checklist ,X: HYDROLOGY AND WATER ,, .. QUALITY.· ·.' " ,. . · ·would the project: " ' a. Violate any water quality standards or waste discharge requirements or X otherwise substantially degrade surface or Qround water quality? b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the X project may impede susta inable groundwater management of the basin? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces , in a manner which would : (i) result in substantial erosion or X siltation on-or offsite? (ii) substantially increase the rate or amount of surface runoff in a X matter which would result in flooding on-or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater X drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows? X d . In flood hazard , tsunami, or seiche zones, risk release of pollutants due X to project inundation? e. Conflict with or obstruct implementation of a water quality X control plan or sustainable Qroundwater manaQement plan? 18 of 67 10 April 7, 2020, Item #6 EIS and Checklist (e.g.: farm equipment)? d . Result in inadequate emergency X access? XVIII. TRIBAL CULTURAL . , .. -RESOURCES : > > '. :! < ' a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i. Listed or eligible for listing in the California Register of Historical Resources , or in a local register of X historical resources as defined in Public Resources Code section 5020.1 (k), or ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. X In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe . XIX. UTILITIES AND SERVICE > ' ' •' SYSTEMS. : Would the project: a. Require or result in the relocation or construction of new or expanded water wastewater treatment or storm water drainage, electric power, X natural gas , or telecommunications facilities , the construction or relocation of which could cause siQnificant environmental effects? b. Have sufficient water supplies available to serve the project and X reasonably foreseeable future 21 of 67 13 April 7, 2020, Item #6 EIS and Checklist development during normal, dry and multiple drv vears? C. Result in the determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the X project's projected demand in addition to the provider's existing commitments? d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, X or otherwise impair the attainment of solid waste reduction Qoals? e. Comply with federal , state and local management and reduction statutes X and regulations related to solid waste? XX. WILDFIRE ~ ,.: ' . . · . If located in or near state responsibility -: areas or lands clas'sifiep as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or X emeraencv evacuation plan? b. Due to slope, prevailing winds, and other factors , exacerbate wildfire risks, and thereby expose project occupants X to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources , power lines or other utilities) X that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d . Expose people or structures to significant risks, including downslope or downstream flooding or landslides, X as a result of runoff, post-fire slope instability, or drainaQe chanQes? 22 of 67 14 April 7, 2020, Item #6 EIS and Checklist XXI. MANDATORY FINDINGS OF . . . " . . SIGNIFICANCE /' " · . · . ·· . . ,. ~ ': . ~ :~ -,' ; :::,?· , ~ > '. < ,1 ' ' a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, substantially reduce the number or restrict the range of a rare or endangered plant or animal , or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited , but cumulatively considerable? ("Cumulative considerable " means that the incremental effects of a X project are considerable when viewed in connection with the effects of past projects , the effects of other current projects , and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial X adverse effects on human beings either directly or indirectly? 23 of 67 15 April 7, 2020, Item #6 EIS and Checklist D. DISCUSSION OF ENVIRONMENTAL EVALUATION Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: a. No Impact. The project site is not located in the City's designated Hillside Ridgeline areas or along a street that is designated a scenic corridor. The project site is currently developed with a church that is mainly visible from Pomerado Road due to site topography. The proposed new parish hall and parking lot will be located in an area of the site that has been previously developed. Full and partial visibility of the project will be limited to the neighborhoods in the immediate vicinity of the project site and to Pomerado Road. The architecture of the proposed parish hall building will be similar to the architecture of existing building on the site. Thirty-eight trees are proposed to be removed due to the health of the trees or to make room for the new development. The project calls for landscaping, including, but not limited to, trees will be planted to soften the appearance of the proposed parking lot and parish hall. No impact would occur. b. No Impact. The project site is not located in the vicinity of any State scenic highway, the proposed project would not damage any scenic resources within a State scenic highway . No impact would occur. c. No Impact. See response I.a. d. Less Than Significant Impact. The site is currently developed with a religious facility with sources of light and glare consisting of headlights on cars in the parking lot, exterior light fixtures in the parking lot and court yards, and interior light spilling through windows. The proposed project would include the installation of five additional parking lot and seven courtyard lights. The new parish hall would also have interior light that would be visible from the surrounding area. Compliance with City lighting standards, including, but not limited to directing exterior lights downward would help to ensure that the light and glare created by the proposed project would be consistent with the levels of light and glare currently emitted in the surrounding developed environment. Therefore, a less-than significant impact would occur. II. AGRICULTURAL AND FORESTRY_RESOURCES: a. b. No Impact. The project site is a previously developed property and not identified as important farmland. Thus, the project would not result in the conversion of Prime Farmland, Unique Farmland or Farm-land of Statewide Importance to non-agricultural uses. No impact would occur. No Impact. The project site is not being used for agricultural production and does not contain Williamson Act contract land. No impact would occur. 24 of 67 16 April 7, 2020, Item #6 EIS and Checklist c. No Impact. The project site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. No impact would occur. d. No Impact. As stated in response 11.c, the project site is not located in an area containing forest land. Accordingly, the project would not convert any forest land to non-forest use, and no impact would occur. e. No Impact. The project would not directly impact agriculture or forest lands, nor introduce new elements into the landscape that would contribute to future conversion of agricultural use to non-agricultural use or forest land to non-forest use. No impact would occur. Ill. AIR QUALITY: a. b. c. d. 25 of 67 No Im pact. The City of Poway is part of the San Diego Air Basin and air quality in the area is administered by the San Diego County Air Pollution Control District (APCD). An air quality management plan (AQMP) describes air pollution control strategies to be taken by a City, County or region classified as a non-attainment area to meet the Clean Air Act (CAA) requirements. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies Plan -1994 Oointly developed by the Air Pollution Control District and the San Diego Association of Governments- SANDAG) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project is consistent with the Poway General Plan strategies, in that the General Plan envisioned this type of development on the project site, therefore it is also consistent with the San Diego Regional Air Quality Strategies Plan. No impact would occur. No Impact. See response II.a above. Less Than Significant. Grading of the project will likely result in the creation of dust and can affect the surrounding residential area. Standard City best management practice requirements include implementation of dust control measures and the operations are subject to San Diego Air Pollution Control District standards. Impacts will be less than significant. No Im pact. The project will not result in the creation of objectionable odor. No impact would occur. 17 April 7, 2020, Item #6 EIS and Checklist IV. BIOLOGICAL RESOURCES: a. No Impact. Almost the entire property subject to this proposal has been developed or previously disturbed. Since the proposed development is contained within areas that have been previously disturbed or developed, no impacts to habitat would occur. Approximately 36 ornamental trees are proposed for removal on the site to make room for the proposed development or because the trees are diseased and pose a danger of falling over. None of the trees are native. The trees proposed for removal are required to be replaced in accordance with the City of Poway's Urban Forestry Ordinance, Chapter 12.32 of the Poway Municipal Code (PMC). No impact would occur. b. No Impact. There is no riparian habitat or other sensitive habitat that would be directly impacted by the proposed development. The property to the south is occupied by coastal sage scrub habitat which is a sensitive natural community identified in the Poway Habitat Subarea Conservation Plan (HCP) and a type of habitat that is known as nesting habitat for the California Gnatcatcher. In accordance with the HCP, its companion Implementing Agreement, and associated Mitigated Negative Declaration for the HCP, a condition of approval of the church expansion project will prohibit grading within 500 feet of Coastal Sage Scrub during February 15 to July 1 which is the gnatcatcher nesting season adopted by the HCP unless a California gnatcatcher nesting survey has been completed and demonstrates that there are no California gnatcatcher nesting within 500 feet of the proposed area to be graded. No impact would occur. c. No Impact. The site and adjoining areas do not contain any wetlands. No impact would occur. d. No Impact. The project site is not located within any reported local or regional corridors for native or migratory wildlife. See IV.b. e. No Impact. See IV.a. f. No Impact. See IV.b. V. CULTURAL RESOURCES: a. b 26 of 67 No Impact. The subject site does not contain any historical resources . The existing parish hall to be demolished is not on the City's list of historical structures. Therefore, no impacts would occur. Less Than Significant Impact with Mitigation Incorporated. The project site _ was developed with a church in 1967 and has been subject to several expansion projects. Grading and excavation required for the project will be located in areas of previous disturbance. However, since the subject property is mapped in the Poway General Plan as being in an area where there is high potential for cultural resources to exist, there is a potential during construction of the discovery of cultural resources. Grading and trenching in greater depths than have previously occurred on the site, as well as other ground-disturbing 18 April 7, 2020, Item #6 EIS and Checklist 27 of 67 actions, have the potential to damage or destroy previously unidentified and potentially significant cultural resources within the Project area. Disturbance of any deposits that have the potential to provide significant cultural data would be considered a significant impact under CEQA. As discussed in XVIII.a.ii, the Mesa Grande Band of Mission Indians asked that native cultural monitoring be conducted during ground disturbance considering that the church is located about half a mile from a known sensitive cultural resource to the north of the church site. The potential impacts of the Project on any unknown cultural resource would be reduced to less than significant with the implementation a Mitigation Monitoring and Reporting Program listed below. Mitigation Measures: 1. Prior to issuance of a grading permit, the applicant shall provide written verification that a qualified archaeologist and recognized Native American monitor has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency. 2. 3. 4. 5. 6. The certified archaeologist and recognized Native American monitor shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. The consulting archaeologist and recognized Native American monitor shall direct the field monitor during the initial brushing of the parcel and any grading of the upper levels of soils disturbance of all areas identified for development. During the original cutting of previously undisturbed deposits, the archaeological and recognized Native American monitor shall be on- site, as determined by the consulting archaeologist, to perform inspections of the excavations. The frequency of inspections may vary from full time to part time depending upon the rate of excavation, the materials excavated, exposure of formational soils and bedrock, and the presence and abundance of artifacts and features. Isolates and clearly non-significant deposits will be minimally documented in the field, so the monitored grading can proceed. In the event that unidentified historic resources are discovered, the archaeologist and recognized Native American monitor shall have the authority to divert or temporarily halt ground-disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the lead agency at the time of discovery. The archaeologist and recognized Native American monitor, in consultation with the lead agency, shall determine the significance of the discovered resources. The lead agency must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered, and which will be destroyed by grading, a Research Design and Data Recovery Program to mitigate impacts shall be 19 April 7, 2020, Item #6 EIS and Checklist prepared by the consulting archaeologist and approved by the lead agency before being carried out using professional archaeological methods. If any human bones are discovered, all grading at that location must stop and the county coroner and City of Poway shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Native American Heritage Commission (NAHC), shall be contacted in order to determine proper treatment and disposition of the remains. 7. Before construction activities are allowed to resume in the location of any discovered significant cultural deposits, the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor and recognized Native American monitor shall determine the amount of material to be recovered for an adequate artifact sample for analysis. 8. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. 9. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include Department of Parks and Recreation (DPR) Primary and Archaeological Site Forms. c. Less Than Significant Impact with Mitigation Incorporated. See V.b. VI. ENERGY a. b. 28 of 67 Less than Significant Impact. Construction of the project would create temporary increased demands for electricity and vehicle fuels compared to existing conditions. Construction of the project would require electricity use to power construction equipment. Electricity use during construction would vary during different phases of construction. The majority of construction equipment would be gas powered. Since the project site is already served by onsite electrical infrastructure, adequate electrical infrastructure capacity is available to accommodate the electricity demand during construction. Operation of the larger parish hall and the increase in the number of preschool students would result in an increase in electricity demands. However, there is sufficient electricity infrastructure in the region for the increase in electricity demand and the project would not require expanded electricity supplies. Therefore, impacts from energy use during short-term construction activities and operation would be less than significant. No Impact. The project would not obstruct any state or local plans for renewable· energy or energy efficiency. No impact would occur. 20 April 7, 2020, Item #6 EIS and Checklist VII. GEOLOGY AND SOILS: a.i) No Impact. No active known faults traverse the project site or are near the site . The nearest known fault is an unnamed fault located approximately three miles west of the project site. Murphy Canyon Fault is the nearest main southern California fault , located approximately ten miles southwest of the project site. Three major fault systems within the project vicinity include the Elsinore, San Jacinto and Rose Canyon faults. The active Elsinore fault trends northwest and is about 22 miles northeast of Poway. The San Jacinto fault is also an active northwest-trending fault about 45 miles northeast of Poway. The Rose Canyon fault is located about 16 to 20 miles west of Poway in the Pacific Ocean and is considered potentially active. There is potential for some local damage in the event of a major earthquake along one of these fault systems which could result in significant impacts to project facilities. While the potential for onsite rupture cannot be completely discounted (e.g. unmapped faults could conceivably underlie the site), the likelihood for such an occurrence is considered low due to the absence of known faulting within or adjacent to the site. No impact would occur. a.ii) No Impact. The project site is located in seismically active southern California and is likely to be subjected to moderate to strong seismic ground shaking. Seismic shaking at the site could be generated by events on any number of known active and potentially active faults in the region, including several unnamed faults, larger faults such as Murphy Canyon Fault, and major fault systems such as Elsinore, San Jacinto and Rose Canyon . An earthquake along any of these known active fault zones could result in severe ground shaking and consequently cause injury and/or property damage in the project vicinity. This could potentially result in significant impacts to project facilities. The buildings will be designed and constructed to incorporate measures to accommodate projected seismic loading in compliance with current construction codes. These codes are produced through joint efforts by industry groups to provide standard specifications for engineering and construction activities. They are widely accepted by regulatory authorities and are regularly included in related standards such as municipal building and grading codes, and they include measures to accommodate seismic loading parameters. The buildings will be designed and constructed to accommodate projected seismic loading, pursuant to these existing guidelines. No impact would occur. a.iii) No Impact. No impacts resulting from seismically related ground failure would occur. a.iv) No Impact. The project site is not underlain by formations identified as susceptible to seismically induced landslides . No impact would occur. b. Less Than Significant Impact. Grading activities will comply with City requirements, including implementation of standard erosion control measures, and will not result in substantial soil erosion or the loss of topsoil. Impacts are less than significant. 29 of 67 21 April 7, 2020, Item #6 EIS and Checklist c. No Impact. The project site is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. The parking lot and pad for the proposed parish hall will be graded according to City requirements and fill material which will be compacted in compliance with City standards and inspected for adequacy before the issuance of any building permits. No impact would occur. d. No Impact. Expansive soils change in volume (shrink or swell) due to changes in moisture content of the soil. The buildings will be constructed in accordance with geotechnical recommendations that incorporate California Building Code (CBC) standards, as required by the City of Poway. No impact would occur. e. No Impact. The project site will be served by the public sewer system. No septic tanks or other alternative waste water disposal systems are proposed. No impact would occur. f. No Impact. The project does not propose any significant ground excavation activities that could affect potentially present and unknown paleontological resources or unique geologic features. The project site is located on a site developed with a church in 1967 and has been subject to several expansion projects. Grading and excavation required for the project will be located in areas of previous disturbance. Therefore, the project would result in less than significant impact to paleontological resources. VIII. GREENHOUSE GAS EMISSIONS: 30 of 67 a & b. Less Than Significant Impact. Greenhouse gases (GHG), allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping, thus warming the Earth's atmosphere. GHGs are emitted by both natural processes and human activities; and the accumulation of GHGs in the atmosphere regulates the Earth's temperature. Emissions of GHGs in excess of natural ambient concentrations are thought to be responsible for the enhancement of the greenhouse effect and contributing to what is termed "global warming." GHG impacts that attributable to this proposed project are emissions associated with construction activities and operations related to traffic and energy use. A Greenhouse Gas Analysis report was prepared for the project by Dr. Valorie L. Thompson (on behalf of Eilar Associates, Inc.) and dated October 29, 2018. The report explains that many lead agencies have adopted the threshold as recommended by the California Air Pollution Control Officers Association (CAPCOA), CEQA and Climate Change -Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act as a guidance on screening when a project would generate greenhouse gas emissions that may have a significant impact on the environment and would warrant further analysis. In that document, CAPCOA proposed a quantitative threshold of 900 metric tons of CO2 equivalent emissions as a threshold below which no significant impacts on the environment would be anticipated. The project GHG analysis concluded that the net increase of GHG emissions of 250 metric tons of CO2 is well below the 22 April 7, 2020, Item #6 EIS and Checklist CAPCOA threshold of 900 metric tons. Furthermore, the emissions associated with the project will be further reduced to a level that is consistent with the goals of AB 32 to reduce statewide GHG emissions through the implementation mobile source emission regulations, Title 24 energy efficiency requirements, and renewable portfolio standards adopted by the State of California. Therefore , the proposed project would not result in a cumulatively considerable global climate change impact. IX . HAZARDS AND HAZARDOUS MATERIALS: a -c. No Impact. The project involves the construction of a new parish community center, addition of parking spaces , and an increase in preschool student count at a site with an existing church. No transport, storage or use of hazardous materials beyond that which typically occurs with a religious facility will occur. No impact would occur. d. No Impact. The site is not on the established lists of hazardous wastes site . No impact would occur. e. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately 10 miles southwest of the project site, and Gillespie Field, located approximately 9 miles east of the project site . The project site is not located within the Airport Influence Area of either of these airports. Thus , operation of the project would not result in a safety hazard for people residing or working in the project area and no impact would occur. f. No Impact. The project would not impair or physically interfere with an adopted emergency response or evacuation plan. Operation of the project wouid not interfere with people 's ability to utilize roadways for evacuation purposes . No impact would occur. g. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the project site is not located within the VHFHSZ. Accordingly , the project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact would occur. X. HYDROLOGY AND WATER QUALITY: a. 31 of 67 No Impact. The project will comply with all storm water quality regulations or waste discharge requirements surface water quality as governed by the State Water Resources Control Board (SWRCB), the County of San Diego, and the City of Poway. The project will require a grading permit and a Stormwater Pollution Prevention Plan (SWPPP), which will be ensured as part of the project improvements plan review and building permit process. The project will incorporate pervious paving in new parking lot areas and implement other Low Impact Development (LID) features . The project incorporates stormwater bas ins and will not violate any water quality standards or waste discharge requirements. No impact would occur. 23 April 7, 2020, Item #6 EIS and Checklist b. No Im pact. The project does not propose any construction activities that would directly affect groundwater, contribute to the depletion of groundwater supplies or interfere with groundwater recharge through the use of pervious paving and implementation of LIDs. No impact would occur. c.i-iii) No Impact. The project has been designed such that there is no increase in the amount of storm water runoff beyond which currently occurs. The project will incorporate pervious paving in new parking lot areas and implement other Low Impact Development (LID) features and will include the construction of storm water treatment facilities . The stormwater management facilities are required to be maintained throughout the life of the project as outlined in section 16.104 of the Poway Municipal Cod. No impact would occur. c.iv) Less than Significant Impact. The project has been designed such that there is no increase in the amount of storm water runoff beyond which currently occurs. The project will incorporate pervious paving in new parking lot areas and implement other Low Impact Development (LID) features and will include the construction of storm water treatment facilities. The stormwater management facilities are required to be maintained throughout the life of the project as outlined in section 16.104 of the Poway Municipal Cod. Impacts will be less than significant d. No Impact. The project is not located in a flood hazard, tsunami, or seiche zone that would pose the risk of pollutants being released due to project inundation. No impact would occur. e. No Impact. See X.a and X.b above . No impact would occur. XI. LAND USE AND PLANNING : a . b. 32 of 67 No Impact. The project involves the construction of a new parish community center, addition of a parking lot , and an increase in preschool student count at a site with an existing church. The project will not divide an established neighborhood. Therefore, no impact would occur. Less Than Significant Impact. The project would modify an existing religious facility which is an allowed land use with the approval of a Conditional Use Permit. The proposed project will comply with all development standards for the RR-C zone and a semi-public facility such as a church, except for a requested variance to allow the Parish Community Center building to maintain a 29-foot front yard setback along Pomerado Road when 40 feet is required for the RR-C zone. The requested reduced front yard setback will not result in an aesthetic impact or other environmental effect considering that the setback is identical to an existing building on the site and the visual effect of the structure as seen from Pomerado Road will be softened by the grade difference between the proposed structure and the adjacent road and sidewalk and incorporation of trees and landscaping . Furthermore, the nearest home to the building with the reduced setback is located more than 125 feet away, across Pomerado Road behind a wall. The nearest development to the south and east will not be able to see the portion of the building with the reduced setback. The nearest 24 April 7, 2020, Item #6 EIS and Checklist property to the north that would be able to see the building is more than 300 feet away and is also developed with a religious facility. Therefore, allowing a reduced front yard setback will have less than significant impact. XII. MINERAL RESOURCES: a & b. No Impact. Pursuant to the City of Poway Master Environmental Assessment prepared in conjunction with the update to the Poway General Plan in 1991, there are no known mineral resources on the site. Additionally, the site has been previously developed and the proposed church expansion is located in an area that has been previously developed or disturbed. Therefore, no impacts would occur. XIII. NOISE: 33 of 67 a. Less Than Significant Impact. The applicant submitted a noise analyses titled St. Bartholomew's Episcopal Church Improvements, dated June 13, 2019 and prepared by dBF Associates, Inc. The noise analysis evaluates potential noise that would affect or be produced by the church's project. The primary noise source in the project vicinity is vehicular traffic, particularly from Pomerado Road which borders the Project site on the west side. The noise analysis evaluated the effect traffic noise has on the proposed preschool playground expansion. The study found that the future Exterior Noise Levels (CNEL) would be 54 dBA which is within the "Normally Acceptable" noise levels for playground areas (up to 67.5 dBA) as established in the Public Safety Element of Poway General Plan. The noise analysis also evaluated the interim condition for the Parish Community Center building when the building would be one-story with a roof top terrace. A project feature of the rooftop terrace includes a solid five-foot high noise barrier along its full west edge and western half of its north edge. With this project feature, the future exterior noise level on the outdoor usable area would be 63 dba which is within the "Conditionally acceptable" noise levels for auditoriums, concert halls and amphitheaters as established in the Public Safety Element of Poway General Plan. Although the general plan states that the outdoor environment will seem noisy, such space and associated use could be approved. The outdoor terrace area will only be used for special function and for short durations. The noise analysis evaluated the existing and future noise sources generated by the proposed Project consisting of HVAC units, children in the playground, people having conversations in outdoor gathering areas, and vehicle movement. The noise study also considered occasional use of amplified sound on the proposed terrace for specific events subject to City approval of a Temporary Use Permit. The analysis found that at the property line, the noise levels generated by the project would be 50 dBA Leq or less during daytime hours, 45 dBA Leq or less during the evening, and 40 dBA Leq or less during the night. These noise levels comply with the Poway Municipal Code noise limits for residential areas along the north, east, and south property lines and with the City of San Diego Municipal Code noise limits along the west property line. 25 April 7, 2020, Item #6 EIS and Checklist b. Less Than Significant Impact. The noise study described above in XIII.a. analyzed construction vibration generated by the proposed Project. The report lists typical vibration levels associated with potential construction equipment. Considering that earth moving equipment would be at least 150 feet away from the nearest residence, the study found that the vibration level generated by the equipment would be "barely perceptible" to humans within neighboring residence and would not cause damage to nearby residential structures. The temporary vibration impacts associated with the Project construction would be less than significant. c. No Impact. The closest airports to the project site are Marine Corps Air Station Miramar, located approximately 10 miles southwest of the project site, and Gillespie Field, located approximately 9 miles east of the project site. The project site is not located within the Airport Influence Area of either of these airports. Thus, operation of the project would not result in a noise hazard for people working in the project area and no impact would occur. XIV. POPULATION AND HOUSING: a & b. No Impact. The proposed project is located on a lot that is currently developed with a religious facility along a major arterial. A religious facility is a semi-public use that is allowed in the RR-C zone with the approval of a CUP. The project will not induce growth indirectly as it will be serviced by existing infrastructure within the project vicinity. Additionally, no people or housing will be displaced as project as the site does not contain of any residential uses. Therefore, no impact would occur. XV. PUBLIC SERVICES: a.i Fire Protection -Less Than Significant Impact. The project site is served by the City of Poway Fire Department. The project could result in an incremental increase in the demand for fire protection and emergency services with the larger parish hall and increased preschool student count. The site is already included within the Fire Department service area and the incremental increase in potential for an unexpected emergency call to this project can be accounted for. Aside from relocating an existing fire hydrant to make room for the proposed parish community center, no new or upgraded fire protection facilities would be required as a result of this project and no physical impacts resulting from construction of new facilities are identified. A less than significant impact would occur. a.ii. Police Protection -Less Than Significant Impact. The City of Poway contracts with the San Diego County Sheriffs Department for law enforcement services. The project site is currently served by the Poway Station, which is located at 13100 Bowron Road. The site is included within the Sheriffs service area. Any specific service provided that should be an (unexpected) emergency call to the site is accounted for. No new or upgraded police protection facilities would be required as a result of establishment of this project and no physical impacts resulting from construction of new facilities and increase in preschool student count are identified. A less than significant impact would occur. 34 of 67 26 April 7, 2020, Item #6 EIS and Checklist a.iii. Schools -No Impact. The proposed church expansion and increase in preschool student count will not generate the need for additional school facilities as no new residents would be associated with the project. No impact would occur. a.iv. Parks -No Impact. The proposed church expansion and increase in preschool student count will not generate the need for additional park space as no new residents would be associated with the project. The proposed project includes an expansion of the playground area to accommodate the additional children. No impact would occur. a.v . Other Public Facilities -Less Than Significant Impact. The project would result in an incremental increase in the need for use of public facilities such as storm drain usage, solid-waste disposal, water usage , and wastewater disposal or service, but would not require new or physically altered public facilities. A less than significant impact would occur. XVI. RECREATION: a. No Impact. The recreational needs of proposed additional in preschool students would be met with the proposed playground expansion. The remainder of the project involves the construction of a new parish community center and creation of additional parking spaces at a site with an existing church. Therefore, the proposed project would not result in an increase in the use of existing neighborhood and regional park or other recreational facilities. No impact will occur. b. Less Than Significant Impact. The proposed new parish community center and creation of additional parking spaces at a site with an existing church will not require the need for development of recreational facilities. The recreational needs of proposed additional in preschool students would be met with the proposed expansion of the playground. The new playground would be developed in an area that is currently developed with an existing walkway/ramp leading to an existing columbarium garden through grading and construction of a retaining wall. The walkway/ramp will be reestablished a more northerly location similar to the existing walkway/ramp. Therefore, the proposed playground expansion will have less than significant adverse physical effect on the environment. XVII. TRANSPORTATION : a. b. 35 of 67 No Impact. The proposed project is a minor expansion in the capacity of an existing religious facility and would not be in conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway , bicycle and pedestrian facilities . No impact will occur. Less Than Significant Impact. The proposed project will not be in conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) in that the proposed project is a land use project involving an expansion of an existing religious facility and existing preschool that is located approximately 200 feet 27 April 7, 2020, Item #6 EIS and Checklist from a bus stop along Pomerado Road which is a major arterial with connections to major transit stops. Therefore, the proposed project would cause less than a significant transportation impact. c. No Impact. The proposed project would not affect the design of streets. The existing driveway will be used as access to the site. No impact will occur. d. No Impact. The project will not result in inadequate emergency access as the site will be accessed via the existing driveway from the public street. The parking lot will be reconfigured to provide closer and more direct emergency vehicle access to existing and proposed buildings. No impact will occur. XVIII. TRIBAL CULTURAL RESOURCES: a.i) No Impact. The project site is not on a "Local register of historical resources" and is not officially designated or recognized as historically significant by Poway. No impact would occur. a.ii) Potentially Significant Unless Mitigation Incorporated. See V.b and V.c. In accordance with Public Resources Code Section 21080.3 .1(b), the Mesa Grande Band of Mission Indians and Barona Band of Mission Indians tribes, which are traditionally and culturally affiliated with the geographic area within the City of Poway's jurisdiction, requested formal notice of and information on proposed projects within the City of Poway. On January 12, 2020 in compliance with California Public Resources Code Section 21080.3.1, the City of Poway, as Lead Agency, sent a letter to the Tribal Representatives for those tribes requesting notification of the proposed project. The Barona Band responded that it did not have any further requests. The Mesa Grande Band of Mission Indians requested that native monitoring be conducted during ground disturbance considering that the church is located about half a mile from a known sensitive cultural resource to the north of the church site. The incorporation of mitigation measures for cultural resources as listed in V.a.1 through V.a.8 would also reduce the potential impacts on tribal cultural resources to less than significant. Mitigation : See mitigation measures V.a.1 through V.a.8 XIX. UTILITIES AND SERVICE SYSTEMS : a. 36 of 67 No Impact. The proposed Project is an expansion of an existing church facility with a preschool. As such, the proposed project would only result in an incremental need for increased use of water, wastewater treatment, electric power, natural gas, and telecommunication systems. Further, the proposed project would result in a minor increase of impervious areas (9.5 percent increase. The project includes adding stormwater treatment basins and other facilities on-site designed to address the incremental increase. Therefore, no impact would occur. 28 April 7, 2020, Item #6 EIS and Checklist b. No Impact. As discussed above, the proposed project would result in in a minor increase the intensity of existing uses on the project site. The resulting increased water use would be considered insignificant. The project is served by the City of Poway which has a sufficient water supply available to serve .this project. No impact would occur. c. No Impact. As discussed above, the proposed project would result in an insignificant increase in wastewater generation. The City of San Diego treatment plant has adequate capacity to treat the incremental wastewater generated by the project. No impact would occur. d. No Impact. Demolition of the existing building and construction of the proposed project would result in the generation of solid waste such as scrap lumber, concrete, residual wastes, packing materials, and plastics. The project would be required to dispose of such materials according to a Construction Waste Management Plan. Operation of the larger parish hall and increase in the number of students on the project site would likely be associated with an increased generation of solid waste. Solid waste collection and disposal is currently provided in EDCO Waste Management. Solid waste is collected and sorted for recyclables and the solid waste that is not recycled is hauled to a permitted landfill. The solid waste generated by the project is not anticipated to significantly impact the life expectancy of the landfill that serves the city. The solid waste generated by the project will increase, it will not significantly impact its life expectancy of the landfill. Therefore, no impact would occur. e. No Impact. This project will be required to comply with and meet all applicable with federal, state, and local statutes and regulations regarding solid waste collection and disposal. The facility will appropriately separate its waste so that recyclables and controlled (and food) wastes are separated from landfill trash in accordance with the City's waste reduction and recycling program. Therefore, no impact would occur. XX. WILDFIRE: 37 of 67 a. No Impact. See Section XV.a.i. (Public Services -Fire Protection). b. No Impact. According to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Poway (CAL FIRE 2009), the project site is not located within the VHFHSZ. Accordingly, the project would not expose any project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. No impact will occur. c. No Impact. The proposed parish community center, parking lot expansion and increase in preschool student count would not require the installation or maintenance of infrastructure that may exacerbate fire risk or result in temporary or ongoing impacts to the environment. Therefore, no impact will occur. d. No Impact. As discussed in Section X, the project site is not located in a dam inundation area, at the base of a mountainous landform, or in an area prone to 29 April 7, 2020, Item #6 EIS and Checklist flooding. Additionally, the project will not be altering drainage patterns on the site. Therefore, the proposed project will not expose people or structures to downslope or downstream flooding or landslides. No impact would occur. XXI. MANDATORY FINDING OF SIGNIFICANCE: a. b. C. 38 of 67 Potentially Significant Unless Mitigation. See responses V and XVIII. above. No Impact. The project, considered cumulatively with past and future projects, will not result in significant impacts. The project, as well as past projects and future projects have or will comply with the land use and density limitations of the City's General Plan. Infrastructure and services per the General Plan, are in place or are planned and will be provided to accommodate future growth. Less Than Significant Impact. See responses I, Ill, VII, and XIII above. 30 April 7, 2020, Item #6 ATTACHMENT 2 MITIGATION MONITORING PROGRAM FOR CONDITIONAL USE PERMIT 18-019 DEVELOPMENT REVIEW 18-008 AND VARIANCE 19-001 Section 21081.6 of the Public Resources Code requires that public agencies "adopt a reporting or monitoring program for the changes which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designated to ensure compliance during project implementation ." This mitigation monitoring program has been prepared in accordance with Section 21081.6 of the Public Resources Code. Non-compliance with any of these conditions, as identified by City staff or a designated monitor, shall result in issuance of a cease and desist order for all construction activities. The order shall remain in effect until compliance is assured. Non-compliance situations, which may occur subsequent to project construction, will be addressed on a case-by-case basis and may be subject to penalties according to the City of Poway Municipal Code. When phasing of development has been established, it may be necessary for this Monitoring Program to be amended, with City approval. Topic Cultural Resources and Tribal Cultural Resources 39 of 67 Mitigation Measure Timing 1. Prior to issuance of a grading As noted permit, the applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency. 2. The certified archaeologist As noted shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. 3. The consulting archaeologist During grading shall direct the field monitor during the initial brushing of the parcel and any grading of the upper levels of soils disturbance of all areas identified for development. 4. During the original cutting of During grading previously undisturbed deposits, the archaeological monitor shall be on-site, as determined by the consulting archaeologist, to perform inspections of the Responsibility Applicant Applicant Applicant Applicant April 7, 2020, Item #6 40 of 67 excavations. The frequency of inspections may vary from full time to part time depending upon the rate of excavation, the materials excavated, exposure of formational soils and bedrock, and the presence and abundance of artifacts and features. 5. Isolated and clearly non-During grading significant deposits will be minimally documented in the field, so the monitored grading can proceed. 6 . In the event that unidentified During grading historic resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground-disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the lead agency at the time of discovery . The archaeologist, in consultation with the lead agency, shall determine the significance of the discovered resources. The lead agency must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered, and which will be destroyed by grading, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the lead agency before being carried out using professional archaeological methods. If any human bones are discovered, all grading at that location must stop and the county coroner and lead agency shall be contacted . In the event that the remains are determined to be of Native American origin, the Most Likely Descendant, as identified by the Applicant Applicant April 7, 2020, Item #6 41 of 67 NAHC, shall be contacted in order to determine proper treatment and disposition of the remains . 7. Before construction activities During grading are allowed to resume in the location of any discovered significant cultural deposits, the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis . 8. All cultural material collected As Noted during the grading monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. 9. A report documenting the As noted field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeoloqical Site Forms. Applicant Applicant Applicant April 7, 2020, Item #6 RESOLUTION NO . 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-019, DEVELOPMENT REVIEW 18-008, VARIANCE 19-001 FOR THE EXPANSION OF ST. BARTHOLOMEW EPISCOPAL CHURCH LOCATED AT 16275 POMERADO ROAD, ASSESSOR'S PARCEL NUMBER 275-510-19 WHEREAS, the City Council considered Conditional Use Permit (CUP) 18-019, Development Review (DR) 18 -008, and Variance (VAR) 19-001 for a phased modification and expansion of the St. Bartholomew's Episcopal Church campus located at 16275 Pomerado Road in the Rural Residential-C (RR-C) zone consisting of the demolition of an existing 8,435 square- foot two-story parish hall, establishment of a new parking lot area, expansion of the existing pre- school playground area, construction of a new 13,422 square-foot two-story parish community center, conversion of six Sunday school classrooms to six preschool classrooms, an increase in the maximum number of preschool students from 82 to 154 students, and allowing the proposed parish community center to observe a 29-foot front yard setback along Pomerado Road where 40 feet is required in the RR-C zone ; WHEREAS , in 1967, the County of San Diego approved a Major Use Permit P67-135 to establish St. Bartholomew Episcopal Church church on the subject property ; WHEREAS, on May 23, 1989, the City Council approved CUP 88-19, a master plan for the expansion of the church including a 3,886 square-foot addition to the existing sanctuary building, a 594 square-foot addition to the existing parish hall, and a 4,527 square-foot parish hall and adiminstration building; WHEREAS, on December 17, 1991, the City Council approved a modification to CUP 88- 19 (CUP 88-19M), to construct a columbarium on the site; WHEREAS , on March 30, 1999, the City Council approved a second modification to CUP 88-19 (CUP 88-19M(2)), to convert 3,000 square feet of the existing parish hall into a preschool for up to 44 children; WHEREAS, on February 1, 2000 , the City Council approved third modification to CUP 88- 19 (CUP 88-19(M2)) for a two-phased expansion of the church. The first phase consisted of a new 12 ,757 square-foot education building and increased the preschool enrollment from 44 to 82 children, and the second phase consisted of demolishing the existing sancturary and replacing it with a new 16,395 square-foot sancturay. The approval also included a varinace to allow the new sancturary building to exceed the 35-foot height limit and to allow a corner of the educational budling to encroach 35-feet into the required 50-foot side yard setback. Only Phase 1 was completed; WHEREAS, on March 4 , 2019 , staff approved a minor modification to CUP 88-19 (CUP 18-021) to convert the existing teen youth room to a chapel and changing the use of the existing choir room to a teen youth room; WHEREAS, on March 17, 2020, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against , relative to CUP 18-019, DR 18-008, and VAR 19-001; and 42 of 67 ATTACHMENT B April 7, 2020, Item #6 Resolution No . 20- Page 2 WHEREAS, the City Council has read and considered the agenda report for the proposed project, 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: The findings for CUP 18-019 , in accordance with PMC Section 17.48.070, are made as follows : A The proposed location , size , design and operating characteristics of the proposed facilities are in accord with and purpose of PMC Title 17, the purpose of the Rural Residential C Zone (RR-C) in which the site is located , the General Plan and the development policies and standards of the City, in that the expansion of the church buildings and parking lot and increase in the number of preschool children are permitted with a modification to the CUP for St. Bartholomew's Episcopal Church and the front yard setback reduction to 29 feet requiring a Variance, is consistent with the topography and existing structures within the immediate vicinity. B . The proposed parish community center and parking lot expansion are consistent in location, size, design and operating characteristics and scale with surrounding development. The new parish center will replace an existing smaller parish building and a new parking lot will be located in the place of the former parish hall. All structures will be consistent and compatible with and will not adversely affect or be materially detrimental to, adjacent uses, buildings, structures, or natural resources. C. The new build ing is similar in scale to existing buildings on-site , is at least 220 feet from the nearest residential development, will result in an increase in overall lot coverage by one percent for a total of 13 percent where 35 percent is permitted . The project site is located on a major arterial that provides direct access to several nearby large-scale commercial, office and semi-public developments. Therefore , the proposed project is consistent in scale , bulk, coverage and density with adjacent uses. D. There are public facilities, services and utilities available to the site to serve the new larger parish community center and increased number of preschool children . E. The new parish community center will be located close to the existing sanctuary, will be similar in scale and architecture to the existing buildings on the site , and the view of the building will be softened by existing and new landscaping . The new parking lot will be located toward the rear of the site, approximately 25 feet from the nearest residential property line to the south and will be screened by a six-foot high wall and landscaping . A sound wall is provided for outdoor activities on the proposed second level. The increased number of preschool children will be accommodated within existing buildings. Therefore, there will be no harmful effect upon neighborhood aesthetics . F. The increased traffic associated with the new parish hall and increased number of preschool children will be negligible and will not adversely impact the capacity and physical character of surrounding streets and/or the Transportation Element of the General Plan . G. The site is suitable for a new parish community center and parking lot and increased number of students in that an expansion of the existing church and preschool use on the 43 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 3 site is an anticipated use of the property and adjacent to other religious facilities. H. The use involved has no hazardous materials or processes, nor does it significantly affect natural resources. Therefore, there will not be significant harmful effects upon environmental quality and natural resources. I. There are no other relevant negative impacts associated with the expansion of the church facilities and number of preschool students . J . The impacts, as described above , and the location , size, design and operating characteristics of the uses and the conditions under which they operate or are 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 General Plan . K. The proposed project will comply with each of the applicable provisions of this title, except for the front yard setback for which findings can be made to approve a Variance. SECTION 2: The findings for DR 18-008, in accordance with the PMC Section 17 .52 .010 Purpose of DR, are made as follows: A. The project respects the interdependence of land values and aesthetics to the benefit of the City, in that the architecture of the proposed new parish community center will blend in with the architecture of the existing buildings and the landscaping proposed along Pomerado Road and will soften the appearance of the building as seen from Pomerado Road. The new parking lot will be placed to the east of the church buildings and will include the installation of a six-foot high wall and landscaping to provide an effective buffer to the adjoining residential property to the south. B. The project encourages the orderly and harmonious appearance of structures and property within the City, in that this project will comply with current City design standards and consistent with development standards of the surrounding neighborhood . C . The project maintains the public health, safety and general welfare, and property throughout the City in that the project will meet current grading, building and stormwater quality requirements. D. The project is cognizant of public concerns for the aesthetics of developments in that the exterior design of the building and site design features comply with current City design standards in that the project will be architecturally compatible with existing structures on- site and in the surrounding area . E. The project will not have an adverse health, safety or aesthetic impact upon adjoining properties or the City in general, in that the project will comply with current City design standards and all grading, building and stormwater quality requirements . F. The project complies with all the provisions of the zoning ordinance and the general plan, except for the front yard setback for which findings can be made to approve a Variance . G. The project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. 44 of 67 April 7, 2020, Item #6 Resolution No . 20- Page 4 H. The project has been designed to minimize impacts on surrounding development by utilizing screening, landscape and a compatible architectural design that complements the colors of the existing structures within the area. The proposed development respects the public concerns for the aesthetics of development and encourages the orderly and harmonious appearance of structures and property within the City. I. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will enhance the property and the surrounding area and provide essential facilities to the assembly . SECTION 3: The findings, in accordance with Section 17.50.050 of the PMC, to approve VAR 19-001, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification. The special circumstances include the topography of the site and that the development of religious facility buildings or parking lots are limited to areas on the property that has been previously graded or that are less than 10 percent in slope. Accordingly, the area available for development of a new parish community center in proximity to and at the same level of the sanctuary, education building, and other buildings on-site are limited to the western portion of the site close to Pomerado Road. B. Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and zone, and denied to the property for which the Variance is sought, in that the Variance will allow the construction of a replacement parish community hall in close proximity to the existing sanctuary, educational, and administrative buildings and will allow for the creation of a centrally located parking lot at the approximate elevation of said buildings similar to what is found on sites of other religious facilities in the surrounding area. C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in that the requested 29-foot reduced front yard setback is identical to the setback of an existing building on the site. The visual effect of the structure as seen from Pomerado Road will be softened by the grade difference between the proposed structure and the adjacent road and sidewalk and incorporation of trees and landscaping within the front yard setback. Furthermore, the nearest home to the building with the reduced setback is located more than 125 feet away, across Pomerado Road behind a wall. The nearest development to the south and east will not be able to see the portion of the building with the reduced setback. The nearest property to the north with a view of the requested setback is more than 300 feet away and is also developed with a religious facility . D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that this Variance involves the construction of an addition to a religious facility and the existing church site to the north has also constructed a detached church addition and created a new parking area but was not limited in the placement of the new building and parking lot beyond standards setback requirements because the entire property is less than 10 percent in slope. E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the zoning development regulations governing the property in that expansions to a 45 of 67 April 7, 2020, Item #6 Resolution No . 20- Page 5 religious facility is allowed with the approval of a CUP and DR and have occurred at other religious facilities in the neighborhood. F. Granting the Variance will be compatible with the City of Poway General Plan because the use is permitted, and the Variance does not result in an increase in the allowable building coverage, and the expansion will be compatible with the other structures on the site and complies with all other requirements of the zone. SECTION 4: The findings, in accordance with Government Code Section 66020 for the public improvements needed as a result of the proposed development to protect the public health, safety and welfare, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances , because all necessary facilities will be available to serve this project. B. The construction of public improvements is needeo as a result of the proposed development to protect the public health, safety and welfare as further described in the conditions of approval. C. In accordance with the Poway General Plan , the project requires the payment of development impact fees, which are assessed on a pro-rata basis to finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. SECTION 5: The City Council hereby approves CUP 18-019, DR 18-008, and VAR 19- 001, as shown on the approved plans incorporated by reference herein as shown on the approved plans stamped "Exhibit A" and dated March 17, 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 CUP 18-019, DR 18-008, and VAR 19-001) 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 as "Exhibit A" and dated March 17, 2020 on file in the Development Services Department. Any substantial changes to the approved 46 of 67 April 7, 2020, Item #6 Resolution No . 20- Page 6 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. Conditions of Approval listed in Resolution P-00-14 approving CUP 88-19(M2), DR 99-23 and VAR 99-17 and the letter dated March 4, 2019, approving CUP 18-021 are fully incorporated herein by this reference except as modified in this Resolution for CUP 18- 019. 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. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City Project Engineer, shall be approved. Submittal shall be made to the Department of Development Services Engineering Division, in accordance with the submittal and content requirements listed in the Poway Municipal Code (PMC). The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The plan shall include, at a minimum , the following features : 47 of 67 a . The proposed water main. b. The relocation of the existing fire hydrant and two-inch meter. c. The existing water main abandonment and associated easement vacation. d. A minimum 20-foot wide public water easement shall be submitted to accommodate the proposed public water main on the property. Submit two copies of a plat and legal description for the proposed easement along with the required fee according to the latest adopted master fee schedule. The plat and legal documents must be approved prior to approval of the plans. e. The existing public water easement shall be vacated where the water main is going to be removed or abandoned . Submit two copies of a plat and legal description for the easement to be vacated along with the required fee according to the latest adopted master fee schedule. The plat and legal April 7, 2020, Item #6 Resolution No. 20- Page 7 documents must be approved prior to approval of the plans. f . ADA (Americans with Disabilities Act) improvements along the project frontage may be required to the satisfaction of the Director of Development Services. 2. A water system analysis may be required for final design of the proposed public water system improvements and shall be completed prior to the issuance of a grading permit. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 3. A sewer system analysis may be required to demonstrate that the increase in building area and fixture units will not impact the public sewer system. 4. The applicant shall enter into a Standard Agreement for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Section 16.20. 5. 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 and ready for approval and issuance of permit. Incomplete submittals will not be accepted. All technical studies as required by Chapter 16 of the PMC shall be submitted. 6. If the project will be phased, the applicant will be responsible for presenting a phasing plan to the satisfaction of the City Planner and City Engineer. 7. 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. 8. Any existing and proposed public easements shall be depicted on the grading and improvement plans. Any proposed public easement dedications shall be submitted prior to grading permit issuance. 9. Existing and/or proposed grease removal equipment for the kitchen shall be identified on the plan. 10. The existing four-inch water line underneath the proposed building will be required to be removed. The removal shall be shown on the plans. 11. 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. 12. Water Quality Control -Design and Construction. 48 of 67 The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development April 7, 2020, Item #6 Resolution No . 20- Page 8 Project and will be subject to all City and State requirements . A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. Once approved: a. Provide an Operation & Maintenance (O&M) plan in accordance with Chapter 16 .104 of the PMC , and a signed PDF version. b. 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 section 16 .104 of the PMC . 13. Water Quality Control -Construction Storm Water Management Compliance . The project proposes to disturb an area greater than one-acre . Proof of coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 14 . 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. 15 . The applicant shall pay the storm water pollution inspection fee according to the latest adopted master fee schedule . 16. A minimum cash security for erosion control is required. 17 . 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 . 18 . 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 . 19. 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. 20. 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. 49 of 67 April 7, 2020, Item #6 50 of 67 Resolution No. 20- Page 9 21. 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) 22. A Mitigation Monitoring and Reporting Program shall be implemented to monitor ground-disturbing activities by a properly credentialed archeological monitor and a recognized Native American monitor to ensure that if buried cultural materials, either historic or pre-historic, are present, they will be handled in a timely and proper manner. a. Prior to issuance of a grading permit , the applicant shall provide written verification that a qualified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency . b. The certified archaeologist shall attend the pre-grading meeting with the contractors to explain and coordinate the requirements of the monitoring program . c. The consulting archaeologist shall direct the field monitor during the initial brushing of the parcel and any grading of the upper levels of soils disturbance of all areas identified for development. d. During the original cutting of previously undisturbed deposits , the archaeological monitor shall be on-site, as determined by the consulting archaeologist , to perform inspections of the excavations . The frequency of inspections may vary from full-time to part-time depending upon the rate of excavation, the materials excavated , exposure of formational soils and bedrock, and the presence and abundance of artifacts and features . e. Isolated and clearly non-significant deposits will be minimally documented in the field, so the monito red grading can proceed . f . In the event that unidentified historic resources are discovered , the archaeologist shall have the authority to temporarily divert or halt ground- disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the lead agency at the time of discovery . The archaeologist , in consultation with the lead agency, shall determine the significance of the discovered resources. The lead agency must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources that are discovered , and which will be destroyed by grading , a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the lead agency before being carried out using professional archaeological methods . If any human bones are discovered, all grading at that location must stop and the county coroner and lead agency shall be contacted. In the event that the remains are determined to be of Native April 7, 2020, Item #6 Resolution No . 20- Page 10 American origin, the Most Likely Descendant, as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains. g. Before construction activities are allowed to resume in the location of any discovered significant cultural deposits , the artifacts shall be recovered, and features recorded using professional archaeological methods. The archaeological monitor(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis . h. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards . The collections and associated records shall be transferred , including title, to an appropriate curation facility , to be accompanied by payment of the fees necessary for permanent cu ration . i. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits . The report will include DPR Primary and Archaeological Site Forms . 23 . Retaining walls shall be limited to six feet during all phases of the project and shall be constructed using decorative block . 24. All two-way traffic aisles shall be a minimum of 25-feet wide . 25. All parking spaces shall be double striped. The minimum dimensions for standard- sized parking stalls shall be eight-foot six-inches by 18-foot six-inches. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces , with one van-accessible space. 26 . Parking lot lights, wall mounted lights and landscape accent lights shall be required and shielded per PMC standards . 27. A Tree Removal Permit shall be obtained prior to the removal of any 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 111 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. 28. Landscape and irrigation plans shall be submitted and approved for landscaping of the site as noted below. The landscape and irrigation plans shall demonstrate compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 of the PMC , and all other applicable standards in effect at the time of landscape and irrigation plan check submittal. This includes but is not limited to . the submittal of an irrigation audit report, pursuant to Section 17.41.110 of the PMC, prior to final inspections/issuance of a Certificate of Occupancy. 51 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 11 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. The landscape plan shall address the following to the satisfaction of the Director of Development Services: a. Tree replacements per the approved tree removal permit. b. A minimum of one 15-gallon tree, per City specification, shall be provided for every three parking spaces. Said trees shall be located to provide shade cover for the vehicles where practical. c. Landscaping of new planter areas within the new and modified parking lots. d. A five-foot wide landscape planter along property line where a new parking or playground area has been provided. e. Re-landscaping of the exiting parking lot. f. Special attention shall be given to provide landscaping that enhances the appearance of the new building as seen from Pomerado Road and provide screening of the new parking lot spaces as seen from adjoining residential properties. g. All manufactured (cut or fill) slopes greater than a 5: 1 slope. h. Stormwater treatment facilities . i. Show fences and retaining and freestanding walls. H. Prior to building permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Building) 1. The plans shall comply with the current California Code of Regulations with local amendments identified in PMC Title 15 at the date of submittal to the Building Division for review . (Engineering) 2. 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 of lots shall be in accordance with the California Building Code with local amendments identified in PMC Title 15 , the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 3. The existing four-inch water line underneath the proposed building must be removed. 4. Existing and/or proposed grease removal equipment for the kitchen shall be identified on the plan . 5. All spoil materials from footings and foundations shall be legally disposed of off- site or if the material is to remain onsite, the material shall be placed per the requirements of the City grading ordinance. 52 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 12 6. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the building plan site plan and be appropriately sized for the proposed level of development. 7. 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. Two copies of certification of line and grade for the lot, prepared by the engineer of work. b. Two 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. 8. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. 9. 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. 10. 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. (Planning) 11. The applicant shall contact the Poway Unified School District (858) 679-2570 to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance . 12. 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 Planning Division. 13. The building plans shall include elevations and cross-sections that show all new roof-mounted appurtenances, including, but not limited to, air conditioning and vents, screened from view from adjacent properties, to the satisfaction of the Director of Development Services. Screening of utilities and mechanical equipment located on roofs is appropriate with architectural design elements such as trellises or an artistic design feature. 14. Exterior building materials and finishes shall substantially reflect the approved elevations (Exhibit A) on file with the City and the conditions of approval, and shall be noted on the building plans, to the satisfaction of the Director of Development Services. 15. The colors and materials on the building shall be consistent with the approved 53 of 67 April 7, 2020, Item #6 colors on file in the Planning Division. 16 . Signs shall be proposed and approved under separate permits. Resolution No . 20- Page 13 17 . The landscape and irrigation plans on-site and within the right-of-way as noted above fronting the property shall be approved in conformance with the City's Landscape and Irrigation Design Manual. (Public Works) 18. Applicant shall comply with AB 1826 (Mandatory Commercial Organics Recycling) requirements and sign-up for organic recycling service through the City's franchise waste hauler, EDCO, or through other acceptable means (food donation , food recovery , etc.). I. Compliance with the following conditions is required prior to occupancy and release of securities : 1. The site shall be developed, and the building elevations shall be constructed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein . A final inspection from appropriate City departments will be required. (Engineering) 2. All applicable easement dedications and maintenance agreements are to be recorded . 3. 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. 4. The stormwater facilities shall be complete and operational prior to occupancy . 5. The drainage facilities, paving, slope planting measures, and all utility services shall be installed and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 6. An adequate drainage system onsite capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 7 . The applicant shall repair, to the satisfaction of the City Engineer, all damages to public and private improvements caused by construction activity from this project. 8 . 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 Section 16.52.1308 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. 54 of 67 April 7, 2020, Item #6 (Planning) Resolution No. 20- Page 14 9. Landscaping and irrigation shall be installed per the approved landscape plans for each phase requested for approval. J. The following conditions shall be complied with to the satisfaction of the Fire Chief: 1. Approved fire apparatus access roadways shall be provided for every facility, building or portion of a building. The fire apparatus access roadway shall extend to within 150 feet of all portions of the project and all portions of the exterior walls of the first story of all buildings as measured by an approved route around the exterior of the building or facility. 2. 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. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal. 3. The project shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving 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 feet 6-inches of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply . The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. 4. The new parish community center is required to be equipped with an approved fire sprinkler system according to PMC requirements . The fire sprinkler system shall be designed to meet minimum design density at the roof per NFPA 13 requirements for the parking structure and all non-residential areas. The fire sprinkler system installed in the residential occupancies shall meet NFPA 13R requirements. All systems are required to be monitored by a central monitoring company. Backflow valve assemblies with tamper switches shall be monitored. The City Fire Marshal shall locate these fire protection devices prior to installation. Two separate plan submittals to the fire department will be required, one for the fire service underground and a second for fire sprinkler design. A water analysis is required. 5. The shade structure above the terrace on the Parish Community Center is required to have fire sprinklers. 6. The existing post indicator valve (PIV) shall be upgraded to a Reduced Pressure Detector Assembly (RPDA). 7. Fire sprinkler riser(s) shall be located within ten (10) feet of an exterior exit man door or shall be located inside an enclosed closet with an exterior access man door. Door shall be labeled with a sign indicating "Fire Sprinkler Riser." When the closet method is chosen, applicant shall provide 36-inches of clearance from the standpipe or attached additional risers, accessible by a three-foot man door. 8. A metal sign with raised letters at least one-inch (25mm) in size shall be mounted 55 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 15 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. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served . 9. A properly licensed contractor shall install an automatic fire alarm system to approved standards according to the PMC. The system shall be installed according to NFPA 72. The system shall be completely monitored by a UL listed central station alarm company or proprietary remote station . A plan submittal to the fire department is required. 10 . A 'Knox' Security Key Box shall be required for the building at locations determined by the City Fire Marshal. 11. The buildings shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and a size approved by the City. Each building address shall also be displayed on the roof in a manner satisfactory to the fire code official, and meeting Sheriff Department-ASTREA criteria . 12. A2A 1 0BC fire extinguisher(s) are required for office areas every 3,000 square feet and 75 feet of travel distance. 13. If an elevator is installed in a building, at least one elevator car shall be sized to accommodate a normal size ambulance gurney. Minimum dimensions for the inside car platform shall meet the "Medical" size standards per the California Building Code. 14. A hood and duct extinguishing system shall be installed for all commercial cooking facilities within a kitchen area. A plan submittal to the fire department is required prior to installation. 15. Smoke detectors shall be installed in all residential bedrooms and adjoining hallways. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 16. Carbon monoxide detectors shall be installed in residential hallways adjoining bedrooms, both in the proposed addition and existing residence. The carbon monoxide detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 17. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. K. The following requirements shall be adhered to upon establishment of land uses and occupancy is granted to the satisfaction of the Director of Development Services: 1. Immediate removal of graffiti and any other type of offensive debris is required. 56 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 16 2 . Any fences , walls or signs proposed for this development shall be designed and approved in conformance with the PMC and to the satisfaction of the Director of Development Services . 3 . All screening walls shall be well-maintained. 4. 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. 5 . The cloth shade fabric shall be kept taught and shall be repaired or replaced if torn or faded to the satisfaction of the Director of Development Services. 6. All activities on-site shall comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern noise levels. 7 . Outdoor activities within the terrace involving amplified sound is subject to the approval of a Temporary Use Permit by the City pursuant to Chapter 17.26 of the PMC. 8. The use of the facility shall be limited to assembly and preschool activities, along with related accessory uses. 9. All light fixtures shall be designed, shielded and adjusted to reflect light downward, away from any road or street, and away from any adjoining premises. 10. The parking areas and driveway shall be well maintained. 11 . All landscaped areas on-site and within the right-of-way fronting the property 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 . 12. The owner or operator of the facilities shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this Permit. SECTION 5: The approval of CUP 18-019, DR 18-008, and VAR 19-001, shall expire March 17, 2022 at 5 :00 p .m., except if 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. 57 of 67 April 7, 2020, Item #6 Resolution No. 20- Page 17 PASSED , ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of March, 2020 by the following vote, to wit: AYES : NOES: ABSENT: DISQUALIFIED : Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 58 of 67 April 7, 2020, Item #6 April 7, 2020, Item #7AGENDA RE PO RT City of Poway DATE: TO: FROM: CONTACT: SUBJECT: Summary: April 7, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services {JI\ Melody Rocco, City Engineer U,t-(858) 668-4653 or mrocco@poway.org La Manda Drive Parking Status CITY COUNCIL In 2004, the City Council established No Parking zones at the northern terminus of La Manda Drive. At the request of some residents on La Manda Drive, the parking prohibitions were revisited. As a result time restricted No Parking zones were established on La Manda Drive, by resolution at the August 6, 2019 City Council meeting. The City Council requested staff provide an update in six months on the status of the parking. Recommended Action: This is an informational item and there is no recommended action. Discussion: In April 2019, the City received a petition to change the existing No Parking zone along the east side of La Manda Drive between 15221 and 15259 La Manda Drive to "No Parking on School Days from 7 a.m. -4 p.m." The original No Parking zones were established by the City Council in 2004 after complaints were received that students from Rancho Bernardo High School were parking within the intersection of La Manda Drive and Hilltop Circle North and along the shoulder area of La Manda Drive creating safety concerns. Poway Unified School District (PUSD) had discontinued bus pickup at the La Manda Drive and Hilltop Circle North intersection after a collision occurred there involving a PUSD bus and a parked vehicle. Poway Municipal Code (PMC) section 10.28.080 allows the City Council to create No Parking zones if it is determined that it is necessary to facilitate the movement of traffic or to eliminate a hazardous condition. The City Council determined that a hazardous condition existed at the intersection of La Manda Drive and Hilltop Circle North. At that time, the proposed parking restriction did not adversely impact parking in the area because there were no homes directly adjacent to the proposed No Parking zones, except for one residence at the far north end of La Manda Drive on the east side of the street who favored the No Parking restrictions. 1 of 12 April 7, 2020, Item #7Subsequent to the implementation of the No Parking zones in 2004, the City continued to receive complaints from area residents regarding high school traffic parking problems on the west side of the north end of La Manda Drive during and after school functions. To address the complaints, No Parking signs were added on the west side of La Manda Drive effectively expanding the No Parking Zone from 150 feet North of Hilltop Circle North to the northern terminus of La Manda Drive. The Traffic Safety Committee has addressed parking on La Manda Drive several times over the past few years. On March 29, 2017, the Traffic Safety Committee (TSC) discussed the removal of the No Parking zone in front of the Sage Highlands subdivision, where the road had been widened approximately four feet, and voted to deny the removal of the No Parking zone. In August 2018, the TSC discussed a request to extend the No Parking zone on the west side of La Manda Drive along the frontage of 15240 La Manda Drive. The TSC denied the request on the basis that parking along the frontage was not creating a hazard. At the May 15, 2019 TSC meeting, the committee discussed a petition requesting to change the existing No Parking on the east side of La Manda Drive between 15221 and 15259 La Manda Drive to "No Parking on School Days from 7 a.m. - 4 p.m." While the TSC voted unanimously to approve the proposed parking changes, concerns were raised by residents that with added parking, emergency access would no longer be provided. Following the May 2019 TSC meeting, Engineering and Fire Department staff reviewed the existing road widths and emergency response concerns along the proposed restricted parking area between 15221 and 15259 La Manda Drive. The roadway widths along that segment range from 29 feet to 29.5 feet. Staff determined that the street could facilitate the proposed time restricted parking on the east side of the road if the existing No Parking areas on the west side of the road were extended approximately 474 feet south to Hilltop Circle South. Both of the adjacent property owners at 15240 La Manda Drive and 15203 Hilltop Circle supported the additional No Parking restriction along their frontages. The owner of 15240 La Manda Drive supported the proposed east side change to time restricted parking; however, the owner of 15203 Hilltop Circle did not. With the additional No Parking on the west side of the road, the areas with time restricted parking do facilitate 8-foot wide parking areas and vehicular travel lane clearance greater than 20 feet which conforms with the Uniform Fire Code. Over the last 20 years, PUSD and the City have worked with concerned residents and implemented parking solutions to help ease various resident concerns related to student parking. Similar time restricted No Parking zones have been created on many residential streets near Poway High School including Trailwind Road, Summer Sage Road, Bent Tree Road, Willow Ranch Road, Mesquite Tree Terrace, Rockcreek Road, Riverbend Road, Dogwood Road, Bromegrass Court, Deergrass Court, Dovewood Court, Oakstand Road, and Dodder Court. At the August 6, 2019 City Council meeting staff presented a recommendation to modify the No Parking zones on La Manda Drive. One resident spoke in support of the recommended changes while six residents spoke in opposition. The City Council approved Resolution No. 19-041 establishing time restricted No Parking on the east side of La Manda Drive between 15221 and 15259 La Manda Drive and extending the No Parking zone on the west side of La Manda Drive from 150 feet south of Hilltop Circle North to Hilltop Circle South. Attachment A depicts the No Parking modifications that were established. The City Council requested a follow-up report in six months on the status of the parking. A notice was mailed out for the staff report previously scheduled on the March 17, 2020 City Council Agenda, which was cancelled. Prior to the notice staff had not been contacted regarding the parking changes since they were completed in August 2019. The Sheriffs Department has indicated that they have not had any enforcement issues in the neighborhood. Staff has driven through the area recently 2 of 12 April 7, 2020, Item #7in the evening after 6 p.m. and in the morning after 7 a.m. and did not see any cars parked in the area during either time period. Based upon feedback from the Sheriffs Department and staffs observations, staff recommends keeping the time restricted No Parking zones as established by City Council Resolution No. 19-041 in August 2019. Since the notice was mailed staff has received correspondence from three area residents (Attachment 8) that are supportive of the time restricted No Parking zone. Two of the emails indicated support of parking being allowed at all times. Environmental Review: This action is not subject to the California Environmental Quality Act (CEQA) Guidelines. Fiscal Impact: None. Public Notification: A Notice of City Council Meeting has been sent to all residents who were noticed for the August 6, 2019 City Council meeting. Attachments: A. No Parking Zones Exhibit B. Email Correspondence Reviewed/Approved By: Assistant City Manager 3 of 12 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager April 7, 2020, Item #7la Manda Drive -No Parking Zones Approx. 1200' No Parking Any Time NOTTO SCALE Kimley>>>Horn 4 of 12 ATTACHMENT A No Parking Any Time No Parking 7AM -4PM 441' I Approx. I 1200' I I I 649' School Days I I I I ' ( No Par~ing) '-110, Any Time, ~ , ~ LEGEND ■ -■ No Parking Any Time No Parking 7AM -4PM School Days April 7, 2020, Item #7From: To: Subject: Date: happyface66©cox.net Melody Rocco La Mand Drive Parking Status Tuesday, March 10, 2020 11:05:00 AM March 10, 2020 TO: Melody Rocco, P.E. City Engineer, Development Services Department FROM: Marjorie Pyatt 15207 Hilltop Circle, Poway RE: La Manda Drive Parking Status Thank you for your recent letter dated March 3. The comment that I have is that I have NO problem with anyone parking on the East side of La Manda at any time! I fail to understand why some residents of Hilltop Circle are opposed to parking on La Manda. As La Manda is a city road, Hilltop residents have NO jurisdiction over this. However, some residents want to act as "parking police" of La Manda Drive. I have lived on Hilltop for 50 years and and just do not see a problem. I think the reason some residents do not want parking on La Manda is they have a concern that, if students from Rancho Bernardo High were to park on La Manda, it might flow-over to Hilltop which, as you know, is a private road. I realize, that as I live on the South side of Hilltop, this would not effect me as it might the residents on the North side of Hilltop. To "sum up," the parking/no parking provision that is in place now is fine with me. However, I do have a concern for the La Manda residents. Where are contractor workers, landscape workers, plumbers, etc., supposed to park during the week when work is needed to be done?? Could not the residents have some kind of permit placard allowing those workers to park there while working without some residents of Hilltop turning them in (CONTRACTOR PERMIT ONLY)? Just a suggestion. Thank you for letting me comment. I hope I have not been too lengthy. I just think s of 12 ATTACHMENT B April 7, 2020, Item #7it is just WRONG for residents of Hilltop to want to act as La Manda "parking police!" Sincerely, Marjorie Pyatt Hilltop Circle Resident 858-748-3287 ha ppyface66@cox.net 6 of 12 April 7, 2020, Item #7Melody Rocco From: Sent: To: Cc: Subject: Melody, Sandy Marlin <sandyl.marlin@gmail.com> Sunday, March 15, 2020 4:14 PM Melody Rocco hoa bui; steven stachwick; Dianne Carrion Re: Notice of City Council Meeting -La Manda Drive Parking Status I had planned on speaking at the City Council meeting, however, since it has been canceled, I thought I would send an email with my comments regarding the La Manda Drive Parking status. I live at 15259 La Manda Dr, and am actually the person who initiated the petition for the change. I work from home and so am here during the day the majority of the time and my husband is semi retired and is almost always at home. Since the change was implemented there have been no issues with people parking during school hours or large amounts of cars parking when parking is available in accordance with the signage. The people who opposed the change in parking status all live on Hilltop Circle and not on La Manda Dr. In fact, the two people who spoke out against it live well into the interior of Hilltop Circle and are, at best, indirectly impacted should there have been vehicles parked on La Manda Drive. We have made friends with a number of people on Hilltop Circle and they shared with us the reason behind the no parking signs. We were told by multiple people that it was because students from Rancho Bernardo High School parked on the street during school hours as well as on weekends when they would party in the vacant lots that are now our homes. I felt that by requesting the no parking during school hours that this was a good compromise for neighbors who still had a concern. When they saw that this was going to pass the traffic commission, they then came up with a fear of no access for emergency vehicles. The road was widened when the 4 homes on La Manda were built and the Fire Dept came out and measured to confirm that there is plenty of room for emergency vehicles to go down the street should cars be parked on it. There is also access to Hilltop Circle via it's southern entrance before you get to any of the new homes where the parking change was requested. Adapting to change is harder for some than others and the reality is that there is no longer a vacant lot for students or anyone else to park and there has been no excessive traffic except on the 4th of July when people come to view the fireworks. Time has moved forward and I think, at this point, those on Hilltop Circle need to accept that their neighborhood is not the same one that they moved into 20-30 years ago or even 2 years ago. l'ts not clear to me if a decision on this topic will still be made or if it will be postponed due to the meeting being canceled, so I would like to put my comments on the record. In closing I would like to state that due to the fact that there have been no issues with either parking or emergency vehicle access, I would like to ask that this change be made permanent. Thanks in advance for your consideration. Kind regards, Sandy Marlin 15259 La Manda Dr On Tue, Mar 3, 2020 at 8:28 AM Dianne Carrion <DCarrion@poway.org> wrote: Resident/Interested Party: 1 7 of 12 April 7, 2020, Item #7In August 2019 the City established a time restricted No Parking zone along the east side of La Manda Drive between 15221 and 15259 La Manda Drive to "No Parking on School Days from 7 a.m. - 4 p.m." To maintain adequate travel lane widths, the approval of the change included an extension of the No Parking zone on the west side of La Manda Drive. When the City Council approved the change, they requested an update on the parking status. The La Manda Drive Parking Status item is scheduled for the next City Council meeting on March 17, 2020 at 7:00 p.m. in the Council Chambers of City Hall, 13325 Civic Center Drive, Poway. The Agenda for the meeting and the subject Report will be posted to the City's website on March 10, 2020 at the following web address: www.poway.org Information regarding City Council Meetings is referenced at the following web address: https://poway.org/136/City-Council-Meetings. To provide adequate time for any written comments to be distributed to the City Council, we ask that you email or deliver any comments prior to 5:00 p.m. Monday, March 16, 2020. If you have any questions or comments regarding this matter, please contact Melody Rocco directly at (858} 668-4653 or by email at mrocco@poway.org. Dianne Carrion 1 Administrative Assistant Ill 1 City of Poway I Development Services Department (858) 668-4606 2 8 of 12 April 7, 2020, Item #7From: To: Subject: Date: Melody steven stachwick Melody Rocco Re: Notice of City Council Meeting -La Manda Drive Parking Status Monday, March 16, 2020 4:39:20 PM I wanted to add my voice to Sandy's message. I live at 15221 La Manda Dr, Poway, CA 92064 and there have been no issues at all. My wife and son are often home during the day. So we do know. More restrictions do not make sense or make the neighborhood better for everyone. My opinion is that the parking restriction be lifted all together in front of these four homes except in front of the mail box. I have no issues with students and friends and other neighbors parking in front of my house. I actually welcome it. For 20 years I lived one block from an elementary school and people parked there all the time. It is no big deal. That said I also don't want to open a can of worms. So for now I am willing to endure the current situation. But I want the city to know I do not like even the current restrictions. Thanks for your help Steve Stachwick On Mon, Mar 16, 2020 at 8:39 AM Melody Rocco <MRocco@poway.org> wrote: 1 Hi Sandy, Thank you for the email and comments. This item will be rescheduled for a future City Council meeting. I will make sure that your comments are provided to the City Council but you are still welcome to attend once it has been rescheduled. We will re-notice the neighborhood in advance of the new scheduled date. If you want to read it, you can find the report here: https-//poway.org/Calendar.aspx? EID=1607 Thanks, Melody Melody Rocco, PE I City Engineer I Development Services Department 9 of 12 April 7, 2020, Item #7858-668-4653 I From: Sandy Marlin <sandyl.marlin@gmail.com> Sent: Sunday, March 15, 2020 4:14 PM : To: Melody Rocco <MRocco@poway.org> I Cc: hoa bui <hoabui 2000@yahoo.com>; steven stachwick <steven@stachwick.com>; Dianne Carrion <DCarrion@poway.org> Subject: Re: Notice of City Council Meeting -La Manda Drive Parking Status I Melody, I I 1 I had planned on speaking at the City Council meeting, however, since it has been canceled, · I thought I would send an email with my comments regarding the La Manda Drive Parking 1 status. I live at 15259 La Manda Dr, and am actually the person who initiated the petition I for the change. I work from home and so am here during the day the majority of the time I and my husband is semi retired and is almost always at home. Since the change was implemented there have been no issues with people parking during school hours or large : amounts of cars parking when parking is available in accordance with the signage. The ' people who opposed the change in parking status all live on Hilltop Circle and not on La , Manda Dr. In fact, the two people who spoke out against it live well into the interior of 1 Hilltop Circle and are, at best, indirectly impacted should there have been vehicles parked i on La Manda Drive. We have made friends with a number of people on Hilltop Circle and ! they shared with us the reason behind the no parking signs. We were told by multiple people I that it was because students from Rancho Bernardo High School parked on the street during school hours as well as on weekends when they would party in the vacant lots that are now our homes. I felt that by requesting the no parking during school hours that this was a good compromise for neighbors who still had a concern. When they saw that this was going to 1 pass the traffic commission, they then came up with a fear of no access for emergency 1 vehicles. The road was widened when the 4 homes on La Manda were built and the Fire Dept came out and measured to confirm that there is plenty of room for emergency vehicles to go down the street should cars be parked on it. There is also access to Hilltop Circle via it's southern entrance before you get to any of the new homes where the parking change was requested. Adapting to change is harder for some than others and the reality is that there is no longer a vacant lot for students or anyone else to park and there has been no excessive traffic except on the 4th of July when people come to view the fireworks. Time has moved forward and I think, at this point, those on Hilltop Circle need to accept that their neighborhood is not the same one that they moved into 20-30 years ago or even 2 years I ago. ! 10 of 12 April 7, 2020, Item #7l'ts not clear to me if a decision on this topic will still be made or if it will be postponed due I to the meeting being canceled, so I would like to put my comments on the record. In closing I would like to state that due to the fact that there have been no issues with either 1 parking or emergency vehicle access, I would like to ask that this change be made 1 permanent. I I Thanks in advance for your consideration. I I I I Kind regards, Sandy Marlin 115259 La Manda Dr J On Tue, Mar 3, 2020 at 8:28 AM Dianne Carrion <DCarrion@poway.org> wrote: 1 Resident/Interested Party: I In August 2019 the City established a time restricted No Parking zone along the east side of La Manda Drive between 15221 and 15259 La Manda Drive to "No Parking on School Days from 7 a.m. -4 p.m." To maintain adequate travel lane widths, the approval of the change included an extension of the No Parking zone on the west side of La Manda Drive. When the City Council approved the change, they requested an update on the parking status. I I 1 The La Manda Drive Parking Status item is scheduled for the next City Council meeting I on March 17, 2020 at 7:00 p.m. in the Council Chambers of City Hall, 13325 Civic Center i Drive, Poway. The Agenda for the meeting and the subject Report will be posted to the I City's website on March 10, 2020 at the following web address: www.poway.org ' 1 Information regarding City Council Meetings is referenced at the following web address: https://poway.org/136/City-Council-Meetings. To provide adequate time for any written 1 comments to be distributed to the City Council, we ask that you email or deliver any 11 of 12 April 7, 2020, Item #7comments prior to 5:00 p.m. Monday, March 16, 2020. If you have any questions or comments regarding this matter, please contact Melody 1 Rocco directly at (858) 668-4653 or by email at mrocco@poway.org. , Dianne Carrion I i Administrative Assistant 111 12 of 12 City of Poway I Development Services Department (858) 668-4606 April 7, 2020, Item #8DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 7, 2020 Honorable Mayor and Members of the City Coun~IJA Robert Manis, Director of Development Servicesf-!V\ Melody Rocco, City Engineer~ (858) 668-4653 or mrocco@poway.org CITY COUNCIL A Resolution Approving Midblock Crosswalks on Kirkham Way west of General Atomics Way and on Stowe Drive Between Scripps Poway Parkway and Kirkham Way General Atomics submitted requests to install midblock pedestrian crosswalks on Kirkham Way west of General Atomics Way and on Stowe Drive between Scripps Poway Parkway and Kirkham Way to accommodate pedestrian traffic between General Atomics facilities. Based on technical studies prepared for General Atomics, the requested crosswalks are appropriate with the recommended traffic improvements. Recommended Action: It is recommended that the City Council adopt the Resolution. Discussion: General Atomics has requested approval to install two midblock pedestrian crosswalks, one on Kirkham Way west of General Atomics Way and one on Stowe Drive between Scripps Poway Parkway and Kirkham Way. Attachment B shows the proposed crosswalk location on Kirkham Way, approximately 840 feet west of General Atomics Way. Attachment C shows the second proposed crosswalk location on Stowe Drive, approximately 430 feet south of Scripps Poway Parkway and 790 feet north of Kirkham Way. The purpose of the crosswalks is to facilitate the pedestrian connectivity between the existing General Atomics facilities located on both sides of Kirkham Way and Stowe Drive. In the past several years, General Atomics has acquired several new properties in the Poway Business Park. The new facilities tend to be located in proximity to existing facilities and in turn have created additional pedestrian traffic between buildings and lots. On April 9, 2019, staff received a technical report from General Atomics (Attachment D) prepared by LLG Engineers, evaluating a proposed crosswalk on Kirkham Way and providing recommendations regarding the proper implementation of the proposed improvement. On April 18, 2019, staff received a second technical report from General 1 of 51 April 7, 2020, Item #8Atomics (Attachment E) also prepared by LLG Engineers, evaluating a second proposed crosswalk on Stowe Drive and providing recommendations regarding the proper implementation of the proposed improvement. The technical analyses prepared by LLG Engineers for both locations used a policy by the City of San Diego as basis for evaluating midblock crosswalks. The City of Poway does not currently have a policy in place for evaluating midblock crosswalks. Based on the analysis documented in the Kirkham Way technical report, a pedestrian activated signal was not warranted in this location and recommendations were made that a mid block crosswalk could be installed with rapid flashing beacons. While not identified in the report, it is anticipated that there will be a significant increase in pedestrian volumes as more General Atomics employees begin using the recently constructed buildings on the south side of Kirkham Way. There is also an anticipated increase in vehicular traffic with the development of property east of General Atomics Way and a future extension of Kirkham Way to Scripps Poway Parkway. Staff indicated to General Atomics that in order to be supportive of a midblock crossing in this location, due to projected traffic volumes along with width and speed of the roadway (45 mph), a pedestrian activated signal would need to be installed. A pedestrian activated signal is one that would be green for vehicles driving on Kirkham Way until a pedestrian pushes a button activating the signal, creating a red light for vehicles. The City of San Diego policy does not address midblock crosswalks on streets with 85th percentile speeds over 40 mph. The 85th percentile speed in this area, per the technical report, is 46 mph. The proposed improvements on Kirkham Way will include installation of a new pedestrian activated signal, signing and striping, and ADA curb ramps. At the request of General Atomics, a mid block crosswalk on Stowe Drive, approximately 540 feet south of the new proposed location, was presented to the Traffic Safety Committee (TSC) on September 28, 2011. The TSC recommended approval and in December 2011 the City Council approved the proposed installation. Based on the analysis documented in the Stowe Drive technical report received in April 2019, this second location meets the minimum warrants for a marked midblock crosswalk. The recommended improvements to facilitate a second pedestrian crosswalk are similar to the existing crossing and include crosswalk lighting, signing and striping, ADA curb ramps, and a pedestrian refuge. General Atomics indicated the need for a second crosswalk due to an increase in their staff crossing Stowe Drive in the requested location. The installation of two mid block crosswalks on Stowe Drive is acceptable due to the distance between the two crossings which is approximately 540 feet. At its meeting on February 12, 2020, the Traffic Safety Committee (TSC), voted unanimously to support staffs recommendation to approve the installation of both marked midblock crosswalks with appropriate improvements. There were no speakers at the TSC meeting for this item. Upon approval of the Resolution, General Atomics will complete their crosswalk designs and submit for a Street Improvement plan through the Land Development division of the Development Services Department. All costs associated with the plan review, construction, and inspection of these crosswalks will be paid for by General Atomics. Environmental Review: This project is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15301 (c) of the CEQA Guidelines, as it involves the addition of a pedestrian crossing on an existing road that will not create additional automobile lanes. 2 of 51 April 7, 2020, Item #8Fiscal Impact: None. The improvements will be designed and constructed by General Atomics. Public Notification: A Notice of City Council Meeting has been sent to all property owners within 500 feet of each proposed midblock crosswalk location. Attachments: A. Resolution B. Kirkham Way Location Map C. Stowe Drive Location Map D. Technical Report dated April 9, 2019 for Kirkham Way E. Technical Report dated April 18, 2019 for Stowe Drive Reviewed/Approved By: Assistant City Manager 3 of 51 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 7, 2020, Item #8RESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING MIDBLOCK CROSSWALKS ON KIRKHAM WAY WEST OF GENERAL ATOMICS WAY AND ON STOWE DRIVE BETWEEN SCRIPPS POWAY PARKWAY AND KIRKHAM WAY WHEREAS, Section 21100 of the California Vehicle Code permits local authorities to adopt by resolution traffic control measures meeting the requirements set forth under Section 21351 of the California Vehicle Code; WHEREAS, Section 21351 of the California Vehicle Code permits local authorities to place and maintain such traffic devices upon streets and highways as may be necessary to properly indicate and carry out the provisions of the local ordinances and to warn or guide traffic; WHEREAS, Section 21106 of the California Vehicle Code permits local authorities to establish crosswalks between intersections; WHEREAS, Part 3 "Marking" of the California Manual on Uniform Traffic Control Devices (MUTCD) provides guidance as to when and where an appropriate midblock crosswalk should be established; WHEREAS, the City Council has determined that a midblock crosswalk with appropriate signing, marking, and roadway improvements, including a pedestrian activated signal, as evaluated in the technical study dated April 9, 2019, should be established on Kirkham Way west of General Atomics Way for a safe and orderly crossing of pedestrians; and WHEREAS, the City Council has determined that a midblock crosswalk with appropriate signing, marking, and roadway improvements outlined in the technical study dated April 18, 2019, should be established on Stowe Drive between Scripps Poway Parkway and Kirkham Way for a safe and orderly crossing of pedestrians. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: In accordance with said Section 21106 of the California Vehicle Code, a midblock crosswalk with appropriate signing, marking, and roadway improvements, including a pedestrian activated signal, as evaluated in the technical study dated April 9, 2019, shall be established on Kirkham Way west of General Atomics Way. SECTION 2: In accordance with said Section 21106 of the California Vehicle Code, a midblock crosswalk with appropriate signing, marking, and roadway improvements outlined in the technical study dated April 18, 2019, shall be established on Stowe Drive between Scripps Poway Parkway and Kirkham Way. 4 of 51 ATTACHMENT A April 7, 2020, Item #8Resolution No. 20-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DI SQUALi Fl ED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of 51 April 7, 2020, Item #8Print Date: '2/25/2020 Kirkham Way Location Map Map Scale: 1:2,257 Disclai'ner:fi.ofi61rcel data are believed to be accurate, but acruracyis not ~TntA.GlilM~~l'ailcument and should not be substituted fora title search, appraisal, survey, or for zoning verifcation. April 7, 2020, Item #8Print Date: 2/25/2020 Stowe Drive Location Map Map Scale: 1:2,257 Discla iner:laP-'41ce1 data ara beieved lo be accurate, but acwracy is not gAJnlA.4fii M~ ~Ta~cument and shoukj not be substituted for a title search, appraisal, survey, or for zoning verification. April 7, 2020, Item #8To: Mr. Nirav Desai General Atomics Date: April 9, 2019 From: John P. Keating, P.E. Kamal Bhayal LLG Ref: 3-19-3001 LLG, Engineers Subject: Evaluation of controlled pedestrian crossing on Kirkham Way The following memorandum has been prepared to evaluate and determine if the proposed controlled pedestrian crosswalk to be located on Kirkham Way between Stowe Drive and General Atomics Way satisfies the criteria used by public agencies. The warrant analysis is based on the warrants described in the City of San Diego Council Policy 200-07. Figure 1 shows the vicinity map. Existing Conditions: Effective evaluation of the midblock crosswalk requires an understanding of the current conditions in the vicinity. The following is a brief discussion of the existing conditions on Kirkham Way: Kirkham Way is classified as a Business Park Collector in the City of Poway General Plan and is constructed as a four-lane roadway with a center two-way left-turn lane (TWLTL). The roadway is 64-foot wide including curb and gutter. No bike lanes are provided and on-street parking is prohibited. Contiguous sidewalks exist on both sides of Kirkham Way. The posted speed limit is 45 mph. For the purpose of this study, LLG collected 24-hour Average Daily Traffic (ADT) counts and a speed survey for three consecutive weekdays on Kirkham Way where the crosswalk is proposed. Attachment A contains the recent traffic data, such as speed surveys and vehicular/pedestrian counts. The data are summarized in the Table J and Table 2. TABLE 1 TRAFFIC COUNTS SUMMARY Date ADT 85% Speed (mph) EB WB Combined EB WB Average Tuesday, March 19, 2019 1,609 1,283 2,892 49.5 44.1 46.8 Wednesday, March 20, 2019 1,620 1,317 2,937 48.9 43.8 46.3 Thursday, March 21, 2019 1,639 1,302 2,941 47.5 44.3 45.9 3-Day Average 1,623 1,301 2,923 48.6 44.1 46.3 8 of 51 ATTACHMENT D LINSCOTT LAW & GREENSPAN engineers Engineers & Planners Traffic Transportation Parl<.ing Linscott. Law & Greenspan, Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 858.300.8800 T 858.300.8810 F W'NW.llgengineers.com Pasadena Irvine San Diego Woodland Hills April 7, 2020, Item #8Hour Begin 10AM 11 AM 12 Noon 1PM TOTAL TABLE2 PEDESTRIAN VOLUME DATA Major Street (both Total Pedestrian Crossing approaches) the Major Street 180 13 207 16 215 38 202 18 804 vehicles 85 pedestrians The recorded traffic level for Kirkham Way was (average of three days) 2,923 ADT. The 85th percentile speed on Kirkham Way revealed that the eastbound and the westbound 85th percentile speed (average of three days) is 48.6 mph and 44.0 mph, respectively. The accident history was researched from the Statewide Integrated Traffic Records System (SWITRS) for the most recent five years (2013-2018) on Kirkham Way within study area. No collisions were noted in the last five years on Kirkham Way between Stowe Drive and General Atomics Way. Warrant Analysis The City of San Diego pedestrian crosswalk guidelines (Council Policy 200-07) provide a methodical approach to analyze pedestrian crossing locations for the installation of marked pedestrian crosswalk. These guidelines were selected because they are more comprehensive than what the City of Poway has. The Council Policy 200-07 proposes two warrants system, a basic warrants and point warrants. The basis warrant outlines 6 warrants and a point warrant system with a total 38 possible points. A location must satisfy all basic warrants and a minimum 16 points in the point warrants in order to be considered a marked crosswalk. The policy also provides guidelines for crossing treatment once the proposed location satisfy all the warrants. The warrants per the City council policy are as follows: 9 of 51 April 7, 2020, Item #8Basic Warrants: Warrant Policy# Description Requirements Measured Result Pedestrian Must be equal or greater 3 8 Pedestrians ( 12 PM to 2.1.1 Volume than 10 Pedestrian per 1 PM) Warrant Met hour Approach 85th percentile must be Warrant not 2.1.2 equal or lower than 40 >40 mph Speed mph met Proposed location must Nearest be further than 250 feet 800 feet from controlled 2.1.3 Controlled from the nearest Warrant Met Crossing controlled pedestrian pedestrian crossing. crossing Must have an 2.1.4 Visibility unrestricted view (must NIA* NIA* Warrant meet stopping sight distance) Illumination Proposed location must Lighting to be provided Warrant to be 2.1.5 met with Warrant have lighting. with improvements improvements Accessibility Must have accessibility ADA access to be Warrant to be 2.1.6 installed with met with Warrant to disabled pedestrian improvements improvements *The 85th percentile speed on Kirkham Way is 46 mph. In the City council policy, stopping sight distance is not provided for 85th percentile speed over 40 mph. Discussion The review of basic warrants result in the proposed marked crosswalk on Kirkham Way met five of total six basic warrants. Since the approach speed warrant is not met, an uncontrolled location cannot be considered for a marked crosswalk. A high level treatment is required, such as a pedestrian hybrid beacon or a pedestrian traffic signal. Since the approach speed warrant is not met, the marked crosswalk location may be considered with either a pedestrian traffic signal or a pedestrian hybrid beacon (HA WK). The following section evaluates the methodology and warrants to install a pedestrian traffic signal or a HA WK. 10 of 51 April 7, 2020, Item #8Pedestrian Traffic Signal The analysis is based on the traffic signal warrant (Warrant 4) contained in Chapter 4C, "Traffic Control Signal Needs Studies," of the 2012 California Manual on Uniform Traffic Control Devices (California MUTCD). The need for a midblock pedestrian traffic control signal shall be considered if an engineering study finds that one of the following criteria are met for a street with speeds over 40 mph: A. For each of any 4 hours of an average day, the plotted points representing the vehicles per hour on the major street (total of both approaches) and the corresponding pedestrians per hour crossing the major street (total of all crossings) all fall above the curve in Figure 4C-6. Table 2 shows that the fourth highest hour is 180 vehicles and 13 pedestrians. Figure 4C-6. Warrant 4, Peidestrian Four-Hour Volume (70% Factor) 30D TOML OF .l1LL PEDES Rl.l\NS CROSSING MAJOR STREE--:?◊O ,EDES F11!~N" ..... I N I -......... ~ I I PER HOUR (PPH) ~ 11 of 51 10C ' I -----(180, 13 I I , "2CO 300 500 600 700 EOD ~1A,IOR STAEET-TOT.1';.L OF BOT.-! APPROACHES-VEHICLES FER HOL•R (I/PH) I I I I 1COD B. For 1 hour (any four consecutive 15-minute periods) of an average day, the plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding pedestrians per hour crossing the major street (total of all crossings) falls above the curve in Figure 4C-8. Table 2 shows that the peak hour is 215 vehicles and 3 8 pedestrians. April 7, 2020, Item #8Figure 4C-8. Warrant 4, Pedestrian Peak I-lour (70'%, Factor) 500 TOTAL or ALL PEDESTRIANS 300 CROSSING MAJOR STAEET-PEDESTRIAI\IS 200 PER HOUR (PPH) mo ' (215, * ~ I "~I ~~ r--... r-----L. 38) MAJOR STREET TOTi\l OF BOTH APPROi-\CHES-IJEHICL::S PER HOUA (VPH) If Warrant is met and a traffic control signal is justified by an engineering study, the traffic control signal shall be equipped with pedestrian signal heads complying with provisions set forth in Chapter 4E of the MUTCD. Assessment As shown in Figure 4C-6/Figure 4C-8, the combination of the vehicular volume and pedestrian volume fell well below the threshold to meet the warrants. Therefore, warrant 4 is not satisfied for a pedestrian traffic signal. Pedestrian Beacon Signal (HA WK) The analysis is based on the pedestrian hybrid beacons contained in Chapter 4F, "Traffic Control Signal Needs Studies," of the 2014 California Manual on Uniform Traffic Control Devices (California MUTCD). A pedestrian hybrid beacon may be considered for installation to facilitate pedestrian crossings at a location that does not meet traffic signal warrants (see Chapter 4C), or at a location that meets traffic signal warrants under Sections 4C.05 and/or 4C.06 but a decision is made to not install a traffic control signal. A The need for a pedestrian hybrid beacon at an intersection or midblock shall be considered if an engineering study finds that one of five criteria are met. Only section D is applicable to the project. 12 of 51 D. For a major street where the posted or statutory speed limit or the 85th-percentile speed exceeds 35 mph, the need for a pedestrian hybrid beacon should be considered if the engineering study finds that the plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding total of all pedestrians crossing the major street for l hour (any four consecutive 15-minute periods) of an April 7, 2020, Item #8average day falls above the applicable curve in Figure 4F-2 for the length of the crosswalk. Table 2 shows that the peak hour is 215 vehicles and 3 8 pedestrians. Assessment The installation of a HAWK at Kirkham Way is evaluated using Figure 4F-2 of MUTCD Chapter 4F for the roadways with speed greater than 35 mph. Figure, 4F-2. Guidelines for the-lnst.allation of Pedestrian Hybrid Beacons on High-Speed Roadways Speeds of more than 35 mph soo c--~--------,-----~I ---.--, TOT1\L OF i\LL 3:,0 PEDESTRIANS CROSSING L = C\ClSS\WJI!\ lengl ' THE MAJOR STREET· PEDESTRIANS PER HOUR (PPH) 200 WO --( * MAJOR STREET -TOTAL OF BOTH APPROACHES -VEHICLES PER HOUR (VPH) · No-le: 20 ppt> applies as H n !r.mer IJ1n:,shold vo\ ,1rm Plotting the point on Figure 4F-2 for the total of all pedestrian crossings of the major street (38 pedestrian per hour) and the total vehicular volume for both approached of the Kirkham Way (215 vehicles per hour) with a total crossing distance of 64 feet indicates that the HA WK is not justified. Recommendations The vehicular volumes and pedestrian volumes are too low to warrant a HA WK or pedestrian signal. The vehicular speeds are too high to allow a marked crosswalk without additional treatments. These treatments are outlined in Attachment B. From this list, we recommend the following additional treatments to supplement a marked crosswalk. • Rectangular Rapid Flashing Beacons (RRFB's) activated by pedestrian buttons and/or passive motion sensors, • In-pavement flashers activated simultaneously with the RRFB's, 13 of 51 April 7, 2020, Item #8• A marked crosswalk with the continental striping patterns, • Pedestrian crossing warning signs on both approaches • Pedestrian Ramps Conclusion The existing pedestrian volumes and vehicular volumes are too low to meet the warrants for a HA WK or a pedestrian signal. Kirkham Way is too wide and the traffic speeds too high to justify a stripped crosswalk as a stand alone treatment. There is a need for General Atomics employees to cross Kirkham Way. Doing nothing and letting employees cross in random locations seems irresponsible. Given these facts, it is recommended that a marked pedestrian crossing with Rectangular Rapid-Flashing Beacon's be installed with the additional features listed in the previous section. cc: File 14 of 51 April 7, 2020, Item #8Figure 1 15 of 51 April 7, 2020, Item #8..... O'I 0 .... u, ..... ■ . . 11:Hl:iiiii N:\3001\Figures Figure 1 Project Area Map KIRKHAM WAY CROSSWALK STUDY April 7, 2020, Item #8Attachment A 17 of 51 April 7, 2020, Item #8..... Linscott, Law & Greenspan, Engineers 00 0 .... 4542 Ruffner Street, Suite 100, San Diego, CA 92111 U1 ..... Average Daily Traffic Location: Kirkham Way, West of General Atomics Way Date: Tuesday, March 19, 2019 Total Daily Volume: 2892 Descrietion: Total Volume 0:00 1 :00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 4 4 1 2 15 54 139 170 152 129 155 212 216 181 247 304 327 255 192 65 38 23 4 3 3 1 0 0 2 8 29 43 43 36 25 44 56 44 48 65 103 77 59 22 13 10 2 1 0 2 0 0 0 8 43 40 52 25 38 53 59 42 50 69 74 59 40 18 9 5 1 0 1 1 1 0 9 25 41 31 36 42 65 46 41 89 93 78 62 57 17 8 4 0 2 0 0 0 2 12 29 42 46 26 32 50 50 55 54 60 77 72 57 36 8 8 4 0 Date: Tuesday, March 19, 2019 Total Daily Volume: 1609 Descrietion: Eastbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 3 4 1 1 4 10 37 65 65 49 74 92 108 111 169 240 236 150 112 36 27 11 2 2 2 0 0 2 0 9 10 17 12 14 17 20 28 30 48 85 48 35 13 8 5 2 1 0 2 0 0 0 13 15 20 8 20 23 36 27 25 48 43 34 22 11 6 3 0 0 1 1 0 0 2 7 19 13 15 18 23 23 22 75 79 60 38 37 8 5 0 0 0 0 2 7 8 21 15 14 22 29 29 34 39 65 48 30 18 4 8 2 0 0 Date: Tuesday, March 19, 2019 Total Daily Volume: 1283 Descrietion: Westbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 0 0 11 44 102 105 87 80 81 120 108 70 78 64 91 105 80 29 11 12 2 1 1 0 0 0 0 8 20 33 26 24 11 27 36 16 18 17 18 29 24 9 5 5 0 0 0 0 0 0 0 7 30 25 32 17 18 30 23 15 25 21 31 25 18 7 3 2 1 0 0 0 0 0 1 7 18 22 18 21 24 42 23 19 14 14 18 24 20 9 3 3 0 1 0 0 0 10 22 34 25 11 18 28 21 26 20 21 12 24 27 18 4 0 2 0 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8..... Linscott, Law & Greenspan, Engineers ID 0 .... 4542 Ruffner Street, Suite I 00, San Diego, CA 92111 u, ..... Average Daily Traffic Location : Kirkham Way, West of General Atomics Way Date: Wednesday, March 20, 2019 Total Daily Volume: 2937 Descrietion: Total Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 3 6 3 3 17 68 144 151 156 125 180 207 215 202 273 267 333 252 206 55 30 24 9 8 2 3 2 0 0 10 30 30 27 28 31 55 69 61 61 62 107 76 64 19 12 7 5 2 0 I I 0 2 10 28 40 42 30 41 49 38 48 56 45 67 57 63 13 5 7 1 1 0 0 0 2 19 36 34 46 36 50 46 61 41 100 84 93 65 41 12 7 8 3 0 2 0 3 13 29 50 47 41 31 58 57 47 52 56 76 66 54 38 11 6 2 0 4 Date: Wednesday, March 20, 2019 Total Daily Volume: 1620 Descrietion: Eastbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 2 5 2 3 14 32 59 72 51 88 89 99 116 209 203 234 150 122 27 15 16 6 5 I 3 0 0 0 7 15 13 13 14 23 27 38 40 47 77 49 39 6 7 5 4 0 I 0 2 6 12 21 10 24 19 23 21 41 35 48 32 34 8 3 5 I I 0 0 0 9 7 14 22 14 22 23 32 28 80 66 72 42 25 7 3 5 I 0 0 3 12 18 16 14 28 24 17 29 48 55 37 27 24 6 2 0 2 Date: Wednesday, March 20, 2019 Total Daily Volume: 1317 Descrietion: Westbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 I 9:00 20:00 21 :00 22:00 23:00 I 2 14 54 112 92 84 74 92 118 116 86 64 64 99 102 84 28 15 8 3 3 1 0 I 0 0 10 23 15 14 15 17 32 42 23 21 15 30 27 25 13 5 2 1 1 0 0 0 0 8 22 28 21 20 17 30 15 27 15 10 19 25 29 5 2 2 0 0 0 0 0 0 I 10 29 20 24 22 28 23 29 13 20 18 21 23 16 5 4 3 2 0 0 0 2 12 26 38 29 25 17 30 33 30 23 8 21 29 27 14 5 4 0 2 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8N Linscott, Law & Greenspan, Engineers 0 0 .... u, 4542 Ruffner Street, Suite 100, San Diego, CA 92111 ..... Average Daily Traffic Location: Kirkham Way, West of General Atomics Way Date: Thursday, March 21, 2019 Total Daily Volume: 2941 Descrietion: Total Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 3 2 2 2 15 64 140 155 160 141 179 202 215 214 302 301 317 221 170 56 38 22 13 7 2 0 I 1 2 10 22 35 37 33 48 57 69 61 58 56 93 58 45 18 8 4 4 2 0 0 0 2 7 42 42 47 35 46 38 46 65 56 64 72 58 52 12 9 11 I 0 4 15 31 36 40 34 43 55 48 39 116 101 92 66 48 10 11 5 5 2 0 0 0 7 32 45 42 36 39 42 52 52 49 72 80 60 39 25 16 10 2 3 2 Date: Thursday, March 21, 2019 Total Daily Volume: 1639 Descrietion: Eastbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7 :00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 3 I 5 9 35 60 76 60 92 92 109 125 201 232 231 122 97 32 23 15 12 5 2 0 I I 2 1 6 14 17 12 22 25 29 39 35 43 71 34 29 9 6 2 4 2 0 1 0 0 2 9 16 19 10 25 13 21 32 31 50 54 35 27 9 6 10 1 0 I 0 0 0 2 2 9 19 23 17 25 29 28 25 90 79 70 34 27 8 9 2 4 0 0 0 0 0 4 11 11 17 21 20 25 31 29 45 60 36 19 14 6 2 3 2 Date: Thursday, March 21, 2019 Total Daily Volume: 1302 Descrietion: Westbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23:00 0 1 1 I 10 55 105 95 84 81 87 110 106 89 101 69 86 99 73 24 15 7 2 0 0 0 0 0 9 16 21 20 21 26 32 40 22 23 13 22 24 16 9 2 2 0 0 0 0 0 0 1 5 33 26 28 25 21 25 25 33 25 14 18 23 25 3 3 1 0 0 0 I 2 13 22 17 17 17 18 26 20 14 26 22 22 32 21 2 2 3 I 1 0 0 0 7 28 34 31 19 18 22 27 21 20 27 20 24 20 11 10 8 0 0 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Eastbound Volume Date Range: Tuesday March 19, 2019 Vehicles = 1609 Maximum= 75.5 mph, Minimum= 13.3 mph, Mean= 41.8 mph 85% Speed= 49.49 mph, 95% Speed= 54.11 mph, Median = 42.84 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 3 0.186% 45.9 47.7 46. 5 46.1 47.7 47.7 0100 4 0.249% 22.0 42.7 31. 9 31. 4 42.7 42.7 0200 1 0.062% 41. 9 41. 9 41. 9 41. 9 41. 9 41. 9 0300 1 0.062% 43.7 43.7 43.7 43.7 43.7 43.7 0400 4 0.249% 25.4 52.1 35.7 32.7 52.1 52.1 0500 10 0.622% 20.5 48.3 40.7 43.3 47.4 48.3 0600 37 2.300% 20.8 54.7 38.8 38.0 49.7 52.8 0700 65 4.040% 17.5 54.0 38.4 39.2 45.3 48.5 0800 65 4.040% 13. 3 53.5 37.5 39.2 45.9 50.8 0900 49 3.045% 15.8 48.8 37.4 38.8 45.1 48.1 1000 74 4.599% 21. 4 59.7 39.2 40.5 47.8 52.1 1100 92 5.718% 15.4 51. 2 38.4 39.6 46.0 49.4 1200 108 6.712% 17. 0 54.3 38.8 40.8 46.1 48.9 1300 111 6.899% 16.3 66.3 39.6 40.7 46. 5 52.3 1400 169 10.50% 20.0 61. 0 43.7 45.1 50.1 53.4 1500 240 14.92% 18.2 64.0 43.4 44.0 50.4 54.5 1600 236 14.67% 22.4 67.7 44.4 45.2 51. 5 56.8 1700 150 9.323% 18.0 74.4 43.7 45.2 50.5 54.9 1800 112 6.961% 22.9 61. 5 43.4 44.8 52.0 58.0 1900 36 2.237% 25.6 57.7 42.3 41. 7 50.2 54.6 2000 27 1.678% 30.3 57.6 44.6 45.3 51. 8 57.0 2100 11 0.684% 28.0 54.1 40.3 42.8 51. 8 54.1 2200 2 0.124% 58.8 75.5 67.1 67.1 75.5 75.5 2300 2 0.124% 37.4 43.2 40.3 40.3 43.2 43.2 1609 100.0% 13.3 75.5 41. 8 42.8 49.5 54.1 21 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Westbound Volume Date Range: Tuesday March 19, 2019 Vehicles = 1283 Maximum= 69.1 mph, Minimum= 9.2 mph, Mean= 35.0 mph 85% Speed= 44.07 mph, 95% Speed= 48.82 mph, Median = 36.01 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 1 0.078% 36.3 36.3 36.3 36.3 36.3 36.3 0100 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0200 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0300 1 0.078% 24.3 24.3 24.3 24.3 24.3 24.3 0400 11 0.857% 39.6 58.4 43.7 42.7 48.6 58.4 0500 44 3.429% 13 .2 61. 5 38.4 38.7 47.2 52.8 0600 102 7.950% 18.9 64.0 39.3 39.3 48.8 53.4 0700 105 8.184% 13 .2 69.1 37.8 40.4 47.9 55.7 0800 87 6.781% 14.6 63.5 34.2 36.2 44.3 49.3 0900 80 6.235% 13. 7 54.3 32.8 33.3 42.6 48.9 1000 81 6. 313% 14.9 56.1 34.7 35.9 43.2 47.9 1100 120 9.353% 15.0 47.3 34.1 34.7 41. 5 45.8 1200 108 8.418% 14.5 48.0 30.9 33.2 40.2 43.9 1300 70 5.456% 12.5 49.9 30.8 30.5 40.3 46.1 1400 78 6.080% 13.5 48.8 33.2 35.7 41. 0 45.2 1500 64 4.988% 13.5 50.3 33.8 33.0 44.9 48.6 1600 91 7.093% 20.4 56.5 37.9 38.2 45.0 50.2 1700 105 8.184% 9.2 52.5 36.7 37.1 44.4 49.4 1800 80 6.235% 14.6 58.1 34.1 33.8 41. 4 47.5 1900 29 2.260% 20.1 59.2 36.6 35.2 45.3 54.7 2000 11 0.857% 27.8 43.5 37.8 39.0 43.2 43.5 2100 12 0.935% 12.8 51. 5 30.4 30.6 37.7 51. 5 2200 2 0.156% 34.5 47.9 41. 2 41. 2 47.9 47.9 2300 1 0.078% 38.5 38.5 38.5 38.5 38.5 38.5 1283 100.0% 9.2 69.1 35.0 36.0 44.1 48.8 22 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Eastbound Volume Date Range: Wednesday March 20, 2019 Vehicles = 1620 Maximum= 81.6 mph, Minimum= 10.0 mph, Mean = 41.0 mph 85% Speed= 48.88 mph, 95% Speed= 53.35 mph, Median = 41.80 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 2 0.123% 45.8 51. 5 48.7 48.7 51. 5 51. 5 0100 5 0.309% 21. 3 62.7 39.8 41. 7 62.7 62.7 0200 2 0.123% 37.4 48.2 42.8 42.8 48.2 48.2 0300 1 0:062% 38.5 38.5 38.5 38.5 38.5 38.5 0400 3 0.185% 29.1 45.8 37.7 38.3 45.8 45.8 0500 14 0.864% 28.7 46.6 38.9 39.2 45.9 46.6 0600 32 1.975% 16.1 55.3 37.3 39.2 46.8 54.6 0700 59 3.642% 21. 2 53.1 39.1 40.0 44.8 50.6 0800 72 4.444% 22.8 50.5 37.6 39.3 46.3 48.7 0900 51 3.148% 10.0 49.1 33.5 34.2 42.3 46.0 1000 88 5.432% 15.8 50.1 35.0 36.0 42.4 44.0 1100 89 5.494% 11. 4 48.7 36.5 37.3 44.2 46.4 1200 99 6 .111% 12.5 58.5 37.7 38.3 44.2 47.5 1300 116 7.160% 17.7 53.0 39.8 40.7 46.8 49.0 1400 209 12.90% 19.0 59.2 40.7 41. 9 47.9 53.5 1500 203 12.53% 23.2 60.9 42.3 42.3 49.0 52.6 1600 234 14.44% 22.9 65.7 43.6 44.7 50.4 54.5 1700 150 9.259% 19.9 61. 6 45.0 46.0 52.6 57.1 1800 122 7.531% 24.9 81. 6 46.0 47.2 52.9 58.6 1900 27 1. 667% 30.0 59.0 44.3 45.5 51.1 57.6 2000 15 0.926% 20.9 53.6 43.8 45.9 51. 9 53.6 2100 16 0.988% 25.5 57.9 44.5 45.5 53.6 57.9 2200 6 0.370% 33.2 60.1 47.1 47.3 59.7 60.1 2300 5 0.309% 15.8 77.9 47.2 47.3 77.9 77.9 1620 100.0% 10.0 81. 6 41. 0 41. 8 48.9 53.4 23 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Westbound Volume Date Range: Wednesday March 20, 2019 Vehicles = 13 17 Maximum = 66.6 mph, Minimum = 6.8 mph, Mean= 35.2 mph 85% Speed= 43.79 mph, 95% Speed= 49.21 mph, Median= 36.07 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 1 0.076% 41. 5 41. 5 41. 5 41. 5 41. 5 41. 5 0100 1 0.076% 33.6 33.6 33.6 33.6 33.6 33.6 0200 1 0.076% 36.7 36.7 36.7 36.7 36.7 36.7 0300 2 0.152% 35.4 36.2 35.8 35.8 36.2 36.2 0400 14 1.063% 30.2 49.8 41.1 42.0 45.8 49.8 0500 54 4.100% 10.4 59.6 40.7 42.1 50.7 54.3 0600 112 8.504% 15.3 62.2 38.8 40.0 49.4 54.3 0700 92 6.986% 6.8 66.6 34.5 35.3 47.4 54.0 0800 84 6.378% 14.9 56.4 32.6 35.0 42.2 44.9 0900 74 5.619% 13. 2 50.7 33.1 35.8 42.3 46.8 1000 92 6.986% 15.3 55.2 34.4 35.0 42.4 49.4 1100 118 8. 960% 13. 0 49.4 33.6 34.8 41. 3 44.5 1200 116 8.808% 17.6 50.4 33.4 33.2 42.5 46.9 1300 86 6.530% 8.0 49.2 33.7 34.2 44.0 47.0 1400 64 4.860% 15.8 48.7 33.2 33.4 42.4 44.5 1500 64 4.860% 11. 4 48.3 34.7 36.6 42.6 45.5 1600 99 7.517% 14.7 55.2 36.7 36.7 43.4 49.8 1700 102 7.745% 18.8 58.1 36.7 36.8 44.0 49.0 1800 84 6.378% 20.0 62. 6 37.2 37.5 43.1 52.0 1900 28 2.126% 21. 5 60.0 35.7 34.5 44.4 57.0 2000 15 1.139% 15.3 44.6 31. 3 34.3 39.8 44.6 2100 8 0.607% 21. 6 45.5 31. 4 31. 6 42.0 45.5 2200 3 0.228% 33.2 38.6 36.7 38.3 38.6 38.6 2300 3 0.228% 10.1 45.0 31. 7 40.0 45.0 45.0 1317 100.0% 6.8 66.6 35.2 36.1 43.8 49.2 24 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Eastbound Volume Date Range: Thursday March 21, 2019 Vehicles= 1639 Maximum= 75.1 mph, Minimum = 11.6 mph, Mean = 39.9 mph 85% Speed= 47.53 mph, 95% Speed= 51.62 mph, Median= 40.77 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 3 0.183% 41. 7 48.5 44.7 43.9 48.5 48.5 0100 1 0.061% 36 .1 36.1 36.1 36.1 36.1 36.1 0200 1 0.061% 28.8 28.8 28.8 28.8 28.8 28.8 0300 1 0.061% 40.9 40.9 40.9 40.9 40.9 40.9 0400 5 0.305% 25.9 39.6 33.0 33.3 39.6 39.6 0500 9 0.549% 16.4 48.1 40.2 43.5 46.9 48.1 0600 35 2 .135% 17.5 57.2 39.9 40.8 49.2 56.8 0700 60 3.661% 23.1 54.5 39.9 41. 0 46.2 51. 3 0800 76 4.637% 12.3 62. 9 38.9 40.0 47.6 53.1 0900 60 3.661% 16.6 49.9 33.7 34.3 43.3 47.6 1000 92 5. 613% 17. 5 57.0 38.2 39.0 46.0 52.8 1100 92 5. 613% 14.5 55.0 36.1 37.4 44.0 48.2 1200 109 6.650% 12.9 53.5 38.8 40.4 45.5 48.0 1300 125 7. 627% 15.7 52.3 37.5 38.6 45.6 47.7 1400 201 12. 2 6% 15.2 62.4 40.9 41. 9 47.8 51. 6 1500 232 14.15% 11. 6 63.4 40.6 41. 6 47.9 50.8 1600 231 14.09% 19.8 75.1 42.0 42.7 48.5 51. 9 1700 122 7.444% 15.5 60.4 41. 7 42.6 50.7 54.1 1800 97 5.918% 26.6 67.3 42.0 42.3 49.7 55.8 1900 32 1. 952% 27.4 63.8 42.7 42.3 51. 2 59.3 2000 23 1. 403% 17.0 59.2 39.3 38.4 50.3 58.1 2100 15 0.915% 26.5 59.8 42.1 42.5 50.5 59.8 2200 12 0.732% 33.1 55.0 44.0 44.3 52.8 55.0 2300 5 0.305% 23.0 42.4 31. 3 27.6 42.4 42.4 1639 100.0% 11. 6 75.1 39.9 40.8 47.5 51. 6 25 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Kirkham Way, West of General Atomics Way Direction: Westbound Volume Date Range: Thursday March 21, 2019 Vehicles = 1302 Maximum = 61.9 mph, Minimum= 9.0 mph, Mean = 34.8 mph 85% Speed= 44.29 mph, 95% Speed= 48.99 mph, Median= 35.90 mph Hour Bins Time Bin Min Max Mean Median 85% 95% 0000 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0100 1 0. 077% 33.2 33.2 33.2 33.2 33.2 33.2 0200 1 0.077% 52.3 52.3 52.3 52.3 52.3 52.3 0300 1 0.077% 24.8 24.8 24.8 24.8 24.8 24.8 0400 10 0.768% 33.0 56.6 40.6 42.0 48.5 56.6 0500 55 4.224% 13 .1 57. 6 39.1 39.1 48.0 55.5 0600 105 8.065% 16.7 60.0 40.2 41. 9 48.9 54.9 0700 95 7.296% 12.6 61. 9 36. 4 37.1 48.5 52.2 0800 84 6.452% 13.1 56.2 33.2 37.0 42.9 48.9 0900 81 6.221% 11. 5 58.2 30.9 30.5 41. 3 48.0 1000 87 6.682% 13 .1 52.1 33.8 35.3 41. 2 48.0 1100 110 8.449% 16.2 50.3 34.0 35.2 41. 7 47.0 1200 106 8.141% 10.3 52.3 32.1 33.8 42.1 48.7 1300 89 6.836% 15.0 52.0 31. 9 33.1 40.4 44.5 1400 101 7.757% 13. 9 51. 5 33.5 34.4 43.4 47.8 1500 69 5.300% 16.4 54.6 34.7 36.2 43.8 47.6 1600 86 6.605% 18.3 57.4 36.0 36.0 45.1 48.3 1700 99 7.604% 17.5 48.5 36.3 36.8 42.8 46.2 1800 73 5.607% 10.4 58.5 37.0 36.6 44.7 51. 4 1900 24 1. 843% 15.0 45.5 33.0 34.9 41. 7 45.1 2000 15 1.152% 9.0 45.7 29.9 31. 7 42.4 45.7 2100 7 0.538% 25.0 38.7 31. 4 32.0 37.9 38.7 2200 1 0.077% 25.9 25.9 25.9 25.9 25.9 25.9 2300 2 0.154% 32.2 39.8 36.0 36.0 39.8 39.8 1302 100.0% 9.0 61. 9 34.8 35.9 44.3 49.0 26 of 51 April 7, 2020, Item #8Attachment B 27 of 51 April 7, 2020, Item #8Attachment B Table 2: Crossing Treatment Threshold for Uncontrolled Marked Crosswalks if Warrants are Met Crosswalk Distance2 Roadway ADT (vehicles per day) <1,500 1,501-5,000 5,001-12,000 12,001-15,000 >15,001 <40' A B B C C I D1 40' TO 52' A B C C I D1 D >52' A B I C C I D1 D D 1 For streets with more than one lane at an approach or posted speed limit 30 mph or greater. 2. Crossing distance can be measured to a pedestrian refuge island if one is greater Source: City of San Diego Council Policy 200-07 Table 3: Crossing Treatments for Uncontrolled Marked Crosswalks if Warrants are Met Category Crossing Treatments The following is required: A • (Wll-2) Pedestrian Warning Signage with the corresponding (W16-7P) arrow plaque as shown in CA MUTCD Section 2C.50 At least one of the following is required: • (Rl-6) State Law-Yield to Pedestrian sign if median is present B • Rectangular Rapid Flashing Beacons (RRFBs) 0 Raised crosswalk or other traffic calming treatments if the City of San Diego's Traffic Calming Guidelines are met At least two of the following are required: • Radar Speed Feedback Signs 0 Striping changes such as narrower lanes, painted medians, road diets, or C other speed reducing treatments. • RRFBs • Staggered crosswalks and pedestrian refuge island 0 Horizontal deflection traffic calming treatmentsl if the City of San Diego's Traffic Calming Guidelines are met A Traffic Signal is required if the CA MUTCD warrants are met and it is recommended by a traffic engineering study. Otherwise at least one of the following is required: D • Pedestrian Hybrid Beacon if the CA MUTCD warrants are met 0 Horizontal deflection traffic calming treatmentl with RRFBs if the City of San Diego's Traffic Calming Guidelines are met 1. Horizontal deflection treatments include, but are not limited to: roundabouts, pedestrian refuge islands, and pedestrian pop-outs. Source: City of San Diego Council Policy 200-07 28 of 51 April 7, 2020, Item #8To: From: Mr. Nirav Desai General Atomics John P. Keating, P .E. Kamal Bhayal LLG, Engineers Date: April 18, 2019 LLG Ref: 3-19-3088 Subject: Evaluation of controlled pedestrian crossing on Stowe Drive The following memorandum has been prepared to evaluate and determine if the proposed controlled pedestrian crosswalk to be located on Stowe Drive between Kirkham Way and Scripps Poway Parkway satisfies the criteria used by public agencies. The warrant analysis is based on the warrants described in the City of San Diego Council Policy 200-07. Figure 1 shows the vicinity map. Existing Conditions: Effective evaluation of the midblock crosswalk requires an understanding of the current conditions in the vicinity. The following is a brief discussion of the existing conditions on Stowe Drive: Stowe Drive is classified as a Business Park Collector in the City of Poway General Plan and is constructed as a four-lane roadway with a center two-way left-turn lane (TWLTL). The roadway is 64-foot wide including curb and gutter. No bike lanes are provided and on-street parking is prohibited. Contiguous sidewalks exist on both sides of Stowe Drive. The posted speed limit is 35 mph. For the purpose of this study, LLG collected 24-hour Average Daily Traffic (ADT) counts and a speed survey for three consecutive weekdays on Stowe Drive where the crosswalk is proposed. Attachment A contains the recent traffic data, such as speed surveys and vehicular/pedestrian counts. The data are summarized in the Table 1 and Table 2. TABLE 1 TRAFFIC COUNTS SUMMARY Date ADT 85% Speed (mph) NB SB Combined NB SB Average Tuesday, April 2, 2019 2,934 2,910 5,844 35.6 39.2 37.4 Wednesday, April 3, 2019 2,754 2,828 5,582 35.2 38.9 37.1 Thursday, April 4, 2019 2,749 2,772 5,521 35.3 39.0 37.2 3-Day Average 2,812 2,837 5,649 35.4 39.0 37.2 29 of 51 ATTACHMENT E LINSCOTT LAW & GREENSPAN engineers Engineers & Planners Traffic Transportation Parking Linscott. Law & Greenspan, Engineers 4542 Ruffner Street Suite 100 San Diego. CA92111 858.300.8800 T 858.300.8810 F www.llgengineers.com Pasadena Irvine San Diego Woodland Hills April 7, 2020, Item #8Hour Begin 10AM 11 AM 12 Noon 1PM TOTAL TABLE2 PEDESTRIAN VOLUME DATA Major Street (both Total Pedestrian Crossing aooroaches) the Major Street 306 93 381 83 426 69 345 50 1,458 vehicles 295 pedestrians The recorded traffic level for Stowe Drive was (average of three days) 5,649 ADT. The 85th percentile speed on Stowe Drive revealed that the northbound and the southbound 85th percentile speed (average of three days) is 35.4 mph and 39.0 mph, respectively. The accident history was researched from the Statewide Integrated Traffic Records System (SWITRS) for the most recent five years (2013-2018) on Stowe Drive within study area. No collisions were noted in the last five years on Stowe Drive between Scripps Way Parkway and Kirkham Way. Warrant Analysis The City of San Diego pedestrian crosswalk guidelines (Council Policy 200-07) provide a methodical approach to analyze pedestrian crossing locations for the installation of marked pedestrian crosswalk. These guidelines were selected because they are more comprehensive than what the City of Poway has. The Council Policy 200-07 proposes two warrants system, a basic warrants and point warrants. The basis warrant outlines 6 warrants and a point warrant system with a total 38 possible points. A location must satisfy all basic warrants and a minimum 16 points in the point warrants in order to be considered a marked crosswalk. The policy also provides guidelines for crossing treatment once the proposed location satisfy all the warrants. The warrants per the City council policy are as follows: 30 of 51 April 7, 2020, Item #8Basic Warrants: Warrant Policy# Description Requirements Measured Result Pedestrian Must be equal or greater 93 Pedestrians ( 10 AM to 2.1.1 Volume than 10 Pedestrian per II AM) Warrant Met hour Approach 85th percentile must be 2.1.2 Speed equal or lower than 40 39 mph Warrant met mph Proposed location must Nearest be further than 250 feet 350 feet from controlled 2.1.3 Controlled from the nearest pedestrian crossing. Warrant Met Crossing controlled pedestrian crossing Must have an 2.1.4 Visibility unrestricted view (must >300 feet Warrant Met Warrant meet 300 feet stopping sight distance for 40mph) Illumination Proposed location must Lighting to be provided Warrant to be 2.1.5 met with Warrant have lighting. with improvements improvements Accessibility Must have accessibility ADA access to be Warrant to be 2.1.6 installed with met with Warrant to disabled pedestrian improvements improvements Point Warrants: Tl.1 a Pedestrian Volume Warrant Total Total Points Available Points Number of Pedestrians (Peak Hour) Points scored Points Scored 10-25 4 26-50 8 51+ 10 10 10 10 Tl.lb Latent Pedestrian Demand Warrant (in lieu of Pedestrian Volume Warrant) Total Total Points Available Points Condition Points scored Points Scored The proposed crosswalk is in a commercial, mixed land Not use, or high density residential area. 3 10 used 31 of 51 April 7, 2020, Item #8A pedestrian or shared use path is interrupted by a restricted crossing. 3 A pedestrian attractor/generator is directly adjacent to the proposed crosswalk as defined in the explanatory notes below. 4 Tl.2 General Condition Warrant Total Total Points Available Points Condition Points scored Points Scored The nearest controlled crossing is greater than 300 feet from the proposed crosswalk. 3 3 The proposed crosswalk will position pedestrians to be better seen by motorists. 3 The proposed crosswalk will establish a mid-block crossing between adjacent signalized intersections or it will connect an existing pedestrian path. 3 3 The proposed crosswalk is located within 1/4 mile of pedestrian attractors/generators as defined in the explanatory notes below. 3 An existing bus stop is located within 100 feet for the proposed crosswalk. 3 Other factors 3 18 6 Tl.3 Gap Time Warrant Total Total Average Number of Vehicular Gaps per Five-Minute Points Available Points Period Points scored Points Scored 0-0.99 0 1-1.99 1 2-2.99 8 3-3.99 10 4-4.99 8 5-5.99 1 6 or over 0 10 0 38 16 Discussion The review of basic warrants and point warrants result in the proposed marked crosswalk on Stowe Drive met all six basic warrants and scored 16 points (minimum required 16 points) from point warrants. Since all the warrants are met, proposed crosswalk location is considered for a marked crosswalk. A marked crosswalk 32 of 51 April 7, 2020, Item #8should be supplemented with appropriate crossing treatments. The City of San Diego council policy provided crossing treatment thresholds and crossing treatment based on vehicle volumes, vehicle speeds, and pedestrian crossing distance. Table 3 contains crossing treatment threshold and Table 4 contains the crossing treatments. Table 3: Crossing Treatment Threshold for Uncontrolled Marked Crosswalks if Warrants are Met Crosswalk Distance2 Roadway ADT (vehicles per day) <1,500 1,501-5,000 5,001-12,000 12,001-15,000 >15,001 <40' A B B C C I oi 40' TO 52' A B C C I DI D >52' A B I C C I oi D D I. For streets with more than one lane at an approach or posted speed limit 30 mph or greater. 2. Crossing distance can be measured to a pedestrian refuge island if one is greater Source: City of San Diego Council Policy 200-07 33 of 51 April 7, 2020, Item #8Table 4: Crossing Treatments for Uncontrolled Marked Crosswalks if Warrants are Met Category Crossing Treatments The following is required: A • (WI 1-2) Pedestrian Warning Signage with the corresponding (Wl6-7P) arrow plaque as shown in CA MUTCD Section 2C.50 At least one of the following is required: • (R 1-6) State Law -Yield to Pedestrian sign if median is present B • Rectangular Rapid Flashing Beacons (RRFBs) 0 Raised crosswalk or other traffic calming treatments if the City of San Diego's Traffic Calming Guidelines are met At least two of the following are required: • Radar Speed Feedback Signs 0 Striping changes such as narrower lanes, painted medians, road C diets, or other speed reducing treatments. • RRFBs • Staggered crosswalks and pedestrian refuge island 0 Horizontal deflection traffic calming treatments 1 if the City of San Diego's Traffic Calming Guidelines are met A Traffic Signal is required if the CA MUTCD warrants are met and it is recommended by a traffic engineering study. Otherwise at least one of the D following is required: • Pedestrian Hybrid Beacon if the CA MUTCD warrants are met 0 Horizontal deflection traffic calming treatment' with RRFBs if the City of San Diego's Traffic Calming Guidelines are met 1. Horizontal deflection treatments include, but are not limited to: roundabouts, pedestrian refuge islands, and pedestrian pop-outs. Source: City of San Diego Council Policy 200-07 Based on thresholds provided in Table 3, the proposed location qualifies for Category C and Category 01 crossing treatments. Based on crossing treatments provided in Table 4, we recommend the following additional treatments to supplement a marked crosswalk. • Rectangular Rapid Flashing Beacons (RRFB's) activated by pedestrian buttons and/or passive motion sensors, • In-pavement flashers activated simultaneously with the RRFB's, • A marked crosswalk with the continental striping patterns, • Pedestrian crossing warning signs on both approaches, • Raised pedestrian refuge island in the median 34 of 51 April 7, 2020, Item #8It should be noted that the basic warrants are met on a condition to improve ADA accessibility and proper illumination. The marked crosswalk should be supplemented with ADA pedestrian ramps on both approaches and street lights. cc: File 35 of 51 April 7, 2020, Item #8Figure 1 36 of 51 April 7, 2020, Item #8Project Location Figure 1 Project Area Map STOWE DRIVE CROSSWALK STUDY April 7, 2020, Item #8Attachment A 38 of 51 April 7, 2020, Item #8w Linscott, Law & Greenspan, Engineers 1.0 0 .... 4542 Ruffner Street, Suite I 00, San Diego, CA 92111 U1 ..... Average Daily Traffic Location: Stowe Drive, South of Scripps Poway Pkwy Date: Tuesday, April 2, 2019 Total Daily Volume: 5844 Description: Total Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 I 1:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 181 38 9 16 303 207 298 363 342 300 283 422 492 414 648 346 377 315 228 128 56 35 19 24 59 17 4 26 59 67 83 94 92 79 79 119 101 110 104 119 87 62 46 17 12 6 6 11 5 2 2 43 56 78 82 99 71 67 94 108 101 122 75 78 76 59 28 14 4 8 3 99 11 4 90 46 79 102 73 66 74 119 136 104 292 91 94 84 62 43 19 11 3 12 12 5 2 9 144 46 74 96 76 71 63 130 129 108 124 76 86 68 45 II 6 8 2 3 Date: Tuesday, April 2, 2019 Total Daily Volume: 2934 Description: Northbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 1 I :00 12 :00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 179 36 5 0 15 14 51 64 95 116 134 233 254 209 400 248 281 244 169 81 41 28 17 20 59 16 3 0 2 1 8 11 14 32 38 46 70 49 60 74 88 67 52 27 12 12 5 2 11 5 0 0 3 13 18 34 26 33 58 59 51 68 57 57 59 40 17 8 3 8 3 98 11 I 0 6 4 17 19 24 26 28 67 64 56 211 68 78 68 44 31 16 7 2 12 11 4 0 0 7 6 13 16 23 32 35 62 61 53 61 49 58 50 33 6 5 6 2 3 Date: Tuesday, April 2, 2019 Total Daily Volume: 2910 Description: Southbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 2 2 4 16 288 193 247 299 247 184 149 189 238 205 248 98 96 71 59 47 15 7 2 4 0 I 24 58 59 72 80 60 41 33 49 52 50 30 31 20 10 19 5 0 1 4 0 0 I 2 43 53 65 64 65 45 34 36 49 50 54 18 21 17 19 11 6 I 0 0 0 0 4 84 42 62 83 49 40 46 52 72 48 81 23 16 16 18 12 3 4 0 2 9 137 40 61 80 53 39 28 68 68 55 63 27 28 18 12 5 2 0 0 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8.I:>, Linscott, Law & Greenspan, Engineers 0 0 ..... 4542 Ruffner Street, Suite 100, San Diego, CA 92111 u, ... Average Daily Traffic Location: Stowe Drive, South of Scripps Poway Pkwy Date: Wednesday, April 3, 2019 Total Daily Volume: 5582 Description: Total Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 172 37 5 15 310 237 291 342 335 238 306 381 426 345 665 353 377 276 213 122 49 47 17 23 48 19 1 3 20 85 69 97 84 68 79 84 128 84 126 109 116 93 71 42 16 13 5 2 13 10 3 2 41 46 73 70 70 40 76 75 88 69 124 85 68 67 55 30 14 8 8 3 95 7 I 4 91 61 74 83 93 47 66 113 106 88 289 76 116 65 47 36 8 14 2 12 16 0 6 158 45 75 92 88 83 85 109 104 104 126 83 77 51 40 14 II 12 2 6 Date: Wednesday, April 3, 2019 Total Daily Volume: 2754 Description: Northbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 170 35 4 0 18 12 41 61 87 94 155 194 213 168 412 241 271 224 152 89 37 39 16 21 48 19 0 1 8 18 14 19 38 46 61 45 59 79 81 76 56 32 11 13 5 13 9 3 0 I 2 9 14 20 13 35 44 48 28 69 52 46 56 37 18 11 7 7 3 94 6 0 0 2 6 12 13 20 19 33 58 63 47 211 54 85 53 31 31 6 10 2 12 15 0 0 14 3 12 16 33 43 49 46 41 48 73 56 59 39 28 8 9 9 2 5 Date: Wednesday, April 3, 2019 Total Daily Volume: 2828 Description: Southbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23 :00 2 2 I 15 292 225 250 281 248 144 151 187 213 177 253 112 106 52 61 33 12 8 1 2 0 0 0 3 19 84 61 79 70 49 41 38 67 39 67 30 35 17 15 10 5 0 0 I 0 0 2 40 44 64 56 50 27 41 31 40 41 55 33 22 II 18 12 3 1 0 I 4 89 55 62 70 73 28 33 55 43 41 78 22 31 12 16 5 2 4 0 0 0 0 6 144 42 63 76 55 40 36 63 63 56 53 27 18 12 12 6 2 3 0 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8.i:,. Linscott, Law & Greenspan, Engineers -Jo 0 .... 4542 Ruffner Street, Suite 100, San Diego, CA 92111 u, -Jo Average Daily Traffic Location: Stowe Drive, South of Scripps Poway Pkwy Date: Thursday, April 4, 2019 Total Daily Volume: 5521 Description: Total Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 193 30 3 21 299 224 293 347 310 255 281 407 441 354 625 366 362 259 166 140 41 54 24 26 48 16 0 I 17 63 65 87 81 56 76 83 123 97 109 113 99 72 47 43 6 18 12 3 27 9 3 3 35 49 75 84 73 62 69 92 98 78 127 84 80 70 38 38 13 11 5 3 100 5 0 3 100 57 67 85 70 79 66 123 115 76 272 99 91 69 45 34 9 16 5 15 18 0 0 14 147 55 86 91 86 58 70 109 105 103 117 70 92 48 36 25 13 9 2 5 Date: Thursday, April 4, 2019 Total Daily Volume: 2749 Description: Northbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11 :00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 186 28 2 0 13 15 46 69 70 98 149 235 220 161 410 263 276 189 127 82 25 42 19 24 47 16 0 0 2 10 15 19 15 40 44 66 38 68 81 75 62 39 30 3 17 11 3 26 7 2 0 1 4 11 18 8 23 33 56 45 34 75 58 63 51 28 20 6 9 3 3 97 5 0 0 2 4 11 15 16 39 36 84 56 32 207 79 71 42 35 23 3 12 4 14 16 0 0 0 8 6 14 21 27 21 40 51 53 57 60 45 67 34 25 9 13 4 4 Date: Thursday, April 4, 2019 Total Daily Volume: 2772 Description: Southbound Volume 0:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21 :00 22:00 23 :00 7 2 1 21 286 209 247 278 240 157 132 172 221 193 215 103 86 70 39 58 16 12 5 2 1 0 0 1 15 62 55 72 62 41 36 39 57 59 41 32 24 10 8 13 3 0 2 1 3 34 45 64 66 65 39 36 36 53 44 52 26 17 19 10 18 7 2 2 0 3 0 0 3 98 53 56 70 54 40 30 39 59 44 65 20 20 27 10 11 6 4 2 0 0 14 139 49 72 70 59 37 30 58 52 46 57 25 25 14 11 16 0 5 Report Generated by "Count Data" all rights reserved April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Northbound Volume Date Range: Tuesday, April 2, 2019 Vehicles = 2934 Maximum= 57.1 mph, Minimum = 8.8 mph, Mean = 28.8 mph 85% Speed= 35.61 mph, 95% Speed= 38.98 mph, Median= 29.02 mph Hour Bins: Time I Bin Min Max Mean Median 85% 95% I 0000 I 179 6.101% 15.0 46. 8 25.0 23.3 30.6 34.1 0100 36 1.227% 18.4 38.7 24.9 23.9 28.9 35.8 0200 5 0.170% 19.5 39.7 27.9 27.6 39.7 39.7 0300 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0400 15 0.511% 15.7 27.1 20.9 20.2 25.3 27.1 0500 14 0.477% 26.6 40.1 32.2 31. 7 36.6 40.1 0600 51 1.738% 10.7 55.2 26.4 27.6 36.0 39.1 0700 64 2.181% 10.2 39.2 27.3 29.7 35.4 37.7 0800 95 3.238% 12.4 45.0 27.5 26. 5 34.6 37.2 0900 116 3.954% 9.8 43.1 28.0 28.9 33.9 38.1 1000 134 4.567% 10.4 57.1 29.8 30.1 36.5 41.1 1100 233 7.941% 14.8 50.2 31. 4 31. 8 36.9 39.4 1200 254 8.657% 11. 4 43.6 29.4 30.6 35.4 38.7 1300 209 7.123% 8. 8 48.9 30.2 30.8 36.0 40.9 1400 400 13. 63% 9.3 51. 2 25.7 25.6 31. 6 34.8 1500 248 8.453% 15.2 44.8 28.0 27.0 34.8 38.7 1600 281 9.577% 15.3 44.3 29.3 29.6 36.3 39.0 1700 244 8.316% 14.7 48.3 30.4 30.9 37.2 40.7 1800 169 5.760% 16.5 45.6 32.8 33.4 38.1 40.5 1900 81 2.761% 11. 9 45.8 29.5 30.1 36.0 39.1 2000 41 1. 397% 12.4 45.4 32.6 34.4 38.2 43.6 2100 28 0.954% 16.1 39.5 30.1 32.2 38.0 39.3 2200 17 0.579% 14.4 39.0 26.9 26. 8 37.3 39.0 2300 20 0.682% 13. 8 39.7 26.6 26.8 30.6 39.6 2934 100.0% 8.8 57.1 28.8 29.0 35.6 39.0 42 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Southbound Volume Date Range: Tuesday, April 2, 2019 Vehicles = 2910 Maximum= 59.8 mph, Minimum= 6.7 mph, Mean= 29.8 mph 85% Speed= 39.20 mph, 95% Speed = 42.92 mph, Median= 32.16 mph Hour Bin: Time I Bin Min Max Mean Median 85% 95% I 0000 I 2 0.069% 17.8 20.8 19.3 19.3 20.8 20.8 0100 2 0.069% 20.4 22.4 21. 4 21. 4 22.4 22.4 0200 4 0.137% 14.1 33.1 22.3 21. 0 33.1 33.1 0300 16 0.550% 15.0 42.1 24.7 21. 0 36.3 42.1 0400 288 9.897% 6.7 51. 7 23.6 20.7 34.5 38.9 0500 193 6.632% 11. 9 52.6 26.6 23.0 37.7 41. 6 0600 247 8.488% 13.0 59.8 30.6 32.6 40.6 43.9 0700 299 10.27% 10.9 53.2 30.9 33.2 40.3 42.9 0800 247 8.488% 8.8 59.4 32.7 34.6 40.7 45.2 0900 184 6.323% 8.0 46.9 31. 5 33.4 39.3 42.4 1000 149 5.120% 11. 3 49.7 31. 5 33.7 38.9 42.7 1100 189 6.495% 9.1 48.7 31. 2 33.2 39.7 43.4 1200 238 8.179% 11.1 55.9 30.1 32.2 38.1 41. 4 1300 205 7.045% 10.6 49.5 31. 7 34.2 39.8 42.5 1400 248 8.522% 10.3 49.2 25.4 22.6 36.9 39.9 1500 98 3.368% 12.0 51.1 31. 9 34.0 41. 6 45.0 1600 96 3.299% 8.0 47.5 32.0 33.9 40.4 44.6 1700 71 2.440% 8.8 45.9 33.5 36.8 40.8 43.6 1800 59 2.027% 14.6 45.9 34.5 35.6 41. 3 45.1 1900 47 1.615% 17.2 43.9 30.6 32.2 38.0 43.0 2000 15 0.515% 13. 0 45.7 32.6 34.9 43.5 45.7 2100 7 0.241% 11. 8 44.3 28.3 27.3 43.6 44.3 2200 2 0.069% 17.5 50.6 34.1 34.1 50.6 50.6 2300 4 0.137% 12.5 18.2 16.1 16.8 18.2 18.2 2910 100.0% 6.7 59.8 29.8 32.2 39.2 42.9 43 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Northbound Volume Date Range: Wednesday, April 3, 2019 Vehicles= 2754 Maximum = 54.6 mph, Minimum = 6.2 mph, Mean = 28.2 mph 85% Speed = 35.23 mph, 95% Speed= 38.87 mph, Median = 28.41 mph Hour Bins: Time I Bin Min Max Mean Median 85% 95% I 0000 I 170 6.173% 15.9 38.4 24.5 23.1 30.1 34.4 0100 35 1. 271% 16.3 34.8 25.4 24.0 31. 8 33.4 0200 4 0.145% 19.5 35.9 23.6 19.6 35.9 35.9 0300 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0400 18 0.654% 13. 7 29.6 19.8 19.3 22.6 29.6 0500 12 0.436% 21. 7 38.3 31.1 30.7 36. 5 38.3 0600 41 1.489% 11. 0 43.4 25.3 25.2 33.8 39.1 0700 61 2.215% 11.1 39.6 26.5 28.7 34.2 36.9 0800 87 3.159% 8.3 40.8 26.8 28.4 33.8 38.7 0900 94 3. 413% 13. 3 42.5 28.3 29.1 35.3 38.0 1000 155 5.628% 15.5 45.7 28.5 28.4 34.6 38.1 1100 194 7.044% 13. 0 54.6 30.8 30.9 37.1 40.8 1200 213 7.734% 12.9 44.3 29.4 30.5 35.6 38.1 1300 168 6.100% 9.5 44.9 28.8 30.0 35.6 39.2 1400 412 14. 96% 6.2 42.6 25.5 24.8 32.4 36.5 1500 241 8.751% 14.8 46.2 28.4 28.4 35.1 38.7 1600 271 9.840% 15.1 44.9 28.6 27.8 35.6 39.4 1700 224 8.134% 8.0 46. 8 30.2 31. 3 36.5 40.0 1800 152 5.519% 16.8 45.6 31. 6 32.5 37.9 41. 2 1900 89 3.232% 14.0 46. 7 29.9 29.3 37.3 40.4 2000 37 1.344% 15.6 39.0 29.9 31. 4 35.2 37.0 2100 39 1.416% 15.1 47.4 31.1 33.9 37.4 46.1 2200 16 0.581% 16.0 39.7 28.4 30.5 36.9 39.7 2300 21 0.763% 17.9 39.4 27.4 26.1 35.9 39.3 2754 100.0% 6.2 54.6 28.2 28.4 35.2 38.9 44 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Southbound Volume Date Range: Wednesday, April 3, 2019 Vehicles= 2828 Maximum= 55.7 mph, Minimum = 6.6 mph, Mean= 29.5 mph 85% Speed= 38.87 mph, 95% Speed = 42.48 mph, Median= 31.76 mph Hour Bins: Time I Bin Min Max Mean Median 85% 95% I 0000 I 2 0.071% 16.1 22.1 19.1 19.1 22.1 22.1 0100 2 0. 071% 14.6 34.8 24.7 24.7 34.8 34.8 0200 1 0.035% 15.3 15.3 15.3 15.3 15.3 15.3 0300 15 0.530% 12.9 33.1 20.1 17.3 32.2 33.1 0400 292 10.33% 6.6 43.7 23.8 21. 3 33.4 37.6 0500 225 7.956% 6.7 49.7 26.3 22.9 37.5 41. 0 0600 250 8.840% 14.5 52.1 31.1 33.6 39.8 42.1 0700 281 9.936% 10.3 53.2 29.7 31. 8 37.9 41. 7 0800 248 8.769% 9.7 51. 7 32.2 33.6 39.6 43.6 0900 144 5.092% 11. 0 49.1 30.2 33.1 40.2 43.6 1000 151 5.339% 10.6 54.8 29.5 31. 6 37.4 42.5 1100 187 6.612% 11. 2 55.7 30.9 32.5 38.3 41. 9 1200 213 7.532% 10.7 46. 7 31. 7 33.2 39.0 41. 9 1300 177 6.259% 10.7 45.9 30.9 33.2 39.1 42.0 1400 253 8.946% 7.2 55.0 26.3 26.3 37.5 40.4 1500 112 3. 960% 12.5 47.9 30.9 34.2 40.1 44.1 1600 106 3.748% 12.5 50.4 34.1 35.9 43.4 47.1 1700 52 1.839% 10.5 47.4 32.5 34.7 42.0 45.2 1800 61 2.157% 14.6 53.3 35.9 36.2 44.6 48.7 1900 33 1.167% 15.3 45.4 30.3 31. 7 39.8 44.5 2000 12 0.424% 14.2 45.6 31. 6 31.1 43.0 45.6 2100 8 0.283% 13. 3 40.1 29.8 31. 6 40.1 40.1 2200 1 0.035% 13. 5 13. 5 13. 5 13. 5 13.5 13. 5 2300 2 0.071% 35.4 43.1 39.2 39.2 43.1 43.1 2828 100.0% 6.6 55.7 29.5 31. 8 38.9 42.5 45 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Northbound Volume Date Range: Thursday, April 4, 2019 Vehicles= 2749 Maximum= 57.2 mph, Minimum = 6.5 mph, Mean = 28.4 mph 85% Speed= 35.34 mph, 95% Speed = 38.84 mph, Median = 28.58 mph Hour Bins: Time I Bin Min Max Mean Median 85% 95% I 0000 I 186 6.766% 14.7 48.0 24.5 23.2 29.8 35.3 0100 28 1.019% 18.0 34.5 25.6 26.2 30.0 32.7 0200 2 0.073% 21. 5 22.7 22.1 22.1 22.7 22.7 0300 0 0.000% 0.0 0.0 0.0 0.0 0.0 0.0 0400 13 0.473% 17.4 30.6 23.3 23.3 25.6 30.6 0500 15 0.546% 14.8 48.9 28.3 30.1 35.2 48.9 0600 46 1. 67 3% 13. 2 46.5 29.6 30.0 36.6 41. 6 0700 69 2.510% 10.0 39.4 26.0 28.1 34.2 37.4 0800 70 2.546% 6.5 40.9 26.0 26.6 35.1 37.8 0900 98 3.565% 9.0 45.0 27.1 28.3 32.7 35.9 1000 149 5.420% 12.9 49.5 29.2 29.9 35.8 38.5 1100 235 8.549% 11. 7 51. 5 30.3 30.4 36.5 39.6 1200 220 8.003% 11. 0 43.2 30.7 31. 6 36. 8 39.0 1300 161 5.857% 9.5 44.9 28.5 29.3 34.4 38.0 1400 410 14.91% 8.7 43.1 25.6 24.9 31. 6 35.1 1500 263 9.567% 13. 6 46.0 27.5 26. 7 34.2 38.8 1600 276 10.04% 16.2 49.8 29.7 30.2 36.7 40.2 1700 189 6.875% 13. 9 45.3 30.8 32.0 37.0 39.6 1800 127 4.620% 17.8 57.2 31. 5 32.7 37.6 40.8 1900 82 2.983% 9.3 45.3 30.1 30.9 37.3 41. 3 2000 25 0.909% 19.0 40.8 31.1 31. 8 38.8 40.4 2100 42 1.528% 10.0 47.2 32.1 35.0 40.3 43.1 2200 19 0.691% 15.4 38.8 29.1 32.9 38.0 38.8 2300 24 0.873% 15.2 44.2 27.9 27.0 36.4 44.1 2749 100.0% 6.5 57.2 28.4 28.6 35.3 38.8 46 of 51 April 7, 2020, Item #8Speed Statistics by Hour Location: Stowe Drive, South of Scripps Poway Pkwy Direction: Southbound Volume Date Range: Thursday, April 4, 2019 Vehicles= 2772 Maximum = 56.1 mph, Minimum = 6.6 mph, Mean = 29 .6 mph 85% Speed= 38.98 mph, 95% Speed = 42.84 mph, Median= 31.82 mph Hour Bins: Time I Bin Min Max Mean Median 85% 95% I 0000 I 7 0.253% 16.0 33.2 22.9 20.7 32.9 33.2 0100 2 0. 072% 15.5 41. 2 28.4 28.4 41. 2 41. 2 0200 1 0.036% 16.3 16.3 16.3 16.3 16.3 16.3 0300 21 0.758% 14.2 40.5 25.6 20.7 36.1 40.3 0400 286 10.32% 6.7 52.1 24.7 21. 4 35.2 39.1 0500 209 7.540% 12.6 47.5 28.3 24.7 40.2 44.4 0600 247 8. 911% 8.2 51. 3 31. 9 34.4 40.9 45.1 0700 278 10.03% 7.3 56.1 30.0 31. 7 38.7 43.2 0800 240 8.658% 9.1 55.4 32.1 33.8 39.2 42.1 0900 157 5.664% 9.9 49.3 31.1 32.9 39.8 42.5 1000 132 4.762% 10.0 44.0 28.5 29.8 36. 8 40.4 1100 172 6.205% 12.6 51. 0 31. 6 33.5 38.9 42.8 1200 221 7.973% 11. 0 47.6 31. 3 33.6 38.9 41. 5 1300 193 6. 962% 8.3 52.0 29.6 32.4 38.8 41. 7 1400 215 7.756% 6.6 50.0 25.6 24.2 36.2 39.9 1500 103 3.716% 11. 4 53.4 30.2 32.8 41. 0 44.6 1600 86 3.102% 13. 3 53.9 33.6 35.7 44.2 47.0 1700 70 2.525% 15.3 44.4 30.9 33.5 39.6 42.3 1800 39 1.407% 12.0 43.9 34.4 35.2 41. 0 43.4 1900 58 2.092% 10.9 42.0 28.1 29.6 36. 7 40.8 2000 16 0.577% 9.3 39.0 28.6 31. 5 36.1 39.0 2100 12 0.433% 14.0 46.8 29.2 30.6 37.7 46.8 2200 5 0.180% 26.0 36.1 31. 5 32.3 36.1 36.1 2300 2 0. 072% 35.6 38.0 36.8 36.8 38.0 38.0 2772 100.0% 6.6 56.1 29.6 31. 8 39.0 42.8 47 of 51 April 7, 2020, Item #8Linscott, Law & Greenspan, Engineers 4542 Ruffner Street, Suite 100, San Diego, CA 92111 Stowe Drive Pedestrian Crossing T.O. 3-18-3001 Pedestrians Crossing Pedestrians Crossing West to East East to West West to East East to West Time Number Number Time Number Number 10:00 3 10:50 1 10:01 1 10:53 2 2 10:02 4 1 10:54 1 10:03 2 1 10:55 1 3 10:04 3 1 10:56 2 10:05 1 10:57 2 10:06 1 10:58 1 1 10:08 2 10:59 1 10:09 2 1 11:01 1 1 10:10 1 2 11:02 3 10:13 2 11:03 1 10:14 1 2 11:04 1 3 10:15 2 11:05 1 1 10:16 2 3 11:06 2 10:18 2 4 11:07 2 10:21 1 11:08 1 10:22 3 11:09 1 10:23 1 11:10 1 10:24 2 11:12 2 1 10:25 1 11:13 1 10:26 5 1 11:14 2 10:27 1 11:15 3 10:28 1 1 11:16 2 10:29 1 11:18 1 10:31 2 11:20 1 10:32 1 11:22 1 3 10:33 1 11:23 1 10:35 1 11:24 1 10:37 1 11:25 4 10:39 1 11:26 1 10:40 2 11:28 1 10:44 2 11:29 2 10:45 1 11:31 1 1 10:48 1 11:32 1 10:49 1 11:33 1 Report Generated by "Count Data" all rights reserved 48 of 51 Time 11:35 11:36 11:37 11:38 11:40 11:41 11:42 11:43 11:46 11:47 11:49 11:51 11:52 11:53 11:54 11:55 11:57 11:59 12:00 12:02 12:03 12:04 12:05 12:06 12:07 12:08 12:10 12:11 12:12 12:13 12:14 12:15 12:17 12:20 12:21 Page 1 of 2 3-Apr-19 Pedestrians Crossing West to East East to West Number Number 1 1 2 1 2 1 1 2 1 1 3 1 1 2 1 2 1 1 5 2 1 1 1 1 1 1 1 1 1 2 1 2 3 2 3 2 1 1 1 1 1 1 1 3 2 April 7, 2020, Item #8Linscott, Law & Greenspan, Engineers T.O. 3-18-3001 Time 12:22 12:24 12:25 12:28 12:29 12:30 12:31 12:32 12:33 12:35 12:38 12:44 12:45 12:47 12:48 12:49 12:50 12:51 12:54 12:55 12:56 13:01 13:03 13:04 13:05 13:06 13:07 13:08 13:10 13:11 13:12 13:13 13:14 13:15 13:16 49 of 51 4542 Ruffner Street, Suite 100, San Diego, CA 92111 Stowe Drive Pedestrian Crossing Pedestrians Crossing Pedestrians Crossing West to East East to West West to East East to West Number Number Time Number Number 1 13:17 1 1 13:20 1 1 13:24 1 1 13:25 1 1 13:26 1 1 2 13:28 1 1 13:29 3 2 1 13:36 1 1 13:43 1 1 1 13:44 1 1 1 13:46 1 1 13:47 4 2 13:48 2 4 2 13:51 1 1 13:54 1 1 13:56 1 1 1 13:57 1 1 13:59 2 1 1 1 1 7 1 1 1 1 2 1 1 1 1 1 1 3 1 1 Report Generated by "Count Data" all rights reserved Page 2 of 2 3-Apr-19 April 7, 2020, Item #8U1 0 0 ..... U1 ..... Direction: File: Filter time: 1 -North bound Bearcat Enterprises, LLC Separation Statistics 19-035 Loe #01 Can M355 NB StoweDr So of ScrippsPowayPkwy 10:00 Wednesday, April 3, 2019 => 14:00 Wednesday, April 3, 2019 (0.166667) Separation Bins (Partial days) Headwa::i:: Bin Below Above sMult n * sMult 0.00 -0.50 8 1.1 % 8 1.1 % 722 98.9% 0.00 0.00 0.50 -1.00 7 1.0 % 15 2.1 % 715 97 .9 % 0.00 0.00 1.00 -2.00 23 3 .2 % 38 5.2 % 692 94.8 % 0.00 0.00 2.00 -4.00 61 8 .4 % 99 13.6% 631 86.4% 0.00 0.00 4.00 -8 .00 148 20.3% 247 33.8 % 483 66.2 % 0.00 0.00 8.00 -16.00 160 21. 9 % 407 55.8 % 323 44.2 % 0.00 0.00 16.00 -32.00 18 8 25.8 % 595 81. 5 % 135 18.5 % 0.00 0.00 32 .00 -64.00 109 14.9 % 704 96.4 % 26 3.6 % 0.00 0.00 64.00 -128.00 25 3.4% 729 99.9 % 1 0.1% 0.00 0.00 128.00 -1000.00 1 0.1 % 730 100.0 % 0 0.0 % 0 .00 0 .00 April 7, 2020, Item #8u, .... 0 .... u, .... Attribute: Direction: File: Filter time: 1 -South bound Bearcat Enterprises, LLG Separation Statistics 19-035 Loe #01 Can A555 SB StoweDr So of ScrippsPowayPkwy.EC0 (Plus) 10:00 Wednesday, April 3, 2019 => 14:00 Wednesday, April 3, 2019 (0.166667) Separation Bins (Partial days) Headwa:i::: Bin Below Above sMult n * sMult 0.00 -0.50 15 2.1% 15 2 .1% 713 97.9% 0.00 0.00 0.50 -1.00 19 2 . 6% 34 4. 7% 694 95.3% 0.00 0.00 1. 00 -2.00 87 12.0% 121 16.6% 607 83.4% 0.00 0.00 2.00 -4.00 123 16.9% 244 33.5 % 484 66.5% 0.00 0.00 4.00 -8.00 98 13.5% 342 47.0% 386 53.0% 0.00 0.00 8.00 -16.00 96 13.2% 438 60.2% 290 39. 8 % 0.00 0.00 16.00 -32.00 118 16.2% 556 76 .4% 172 23.6% 0.00 0.00 32.00 -64.00 131 18.0% 687 94.4 % 41 5. 6% 0.00 0.00 64.00 -128.00 40 5 .5% 727 99.9% 1 0.1% 0.00 0.00 128.00 -1000.00 1 0.1% 728 100.0% 0 0.0% 0.00 0.00 DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PQ RT City of Poway CITY COUNCIL April 7, 2020 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services# Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org Resolution Authorizing the Purchase of Real Property on Twin Peaks Mountain for Open Space (APN #s 314-031-02-00 and 314-032-03-00) It has been a goal of the City Council and the Development Services Department to acquire open space using the City's Habitat In-Lieu Fee Fund. Staff was notified of two undeveloped parcels (APN #s 314- 031-02-00 and 314-032-03-00) being offered for sale to the City. The parcels total approximately 80 acres and are located on the southwestern slope of Twin Peaks Mountain. The purchase price of the parcels is $460,560. Recommended Action: It is recommended that the City Council adopt the resolution, appropriate funds in the amount of $470,560 and authorize the City Manager to execute the documents necessary to complete the acquisition. Discussion: A key objective of the Poway Subarea Habitat Conservation Plan (PSHCP) is to maintain viable populations of biological resources. The PSHCP establishes criteria for developments to mitigate impacts to biologically sensitive lands. Mitigation can occur through the preservation of similar habitat on or off-site or the payment of an in-lieu fee. The per acre in-lieu fee is established by City Council resolution and is currently $17,000 per acre. This fee amount has been in effect since 2008. There is currently $952,477 in the Habitat In-Lieu Fee Fund. Through the use of the Habitat Mitigation In-Lieu Fee Fund the City is able to acquire land to meet preservation objectives. The PSHCP provides criteria to assist staff in evaluating appropriate parcels for acquisition using the Proposed Resource Protection Area (PRPA) priority acquisition list. The PRPAs were delineated based on their value to the preserve system and potential risks of loss to development. This information was used to develop a habitat acquisition strategy that was adopted 1 of 28 April 7, 2020, Item #9 April 7, 2020, Item #9 by the City Council on December 2, 2014. The current owner of the subject property, Dandeana Corporation, approached City staff regarding the sale of the parcels to the City. The subject property totals approximately 80 acres, made up of two, 40-acre parcels that are vacant and undeveloped. The parcels are located on the southwest facing slopes of Twin Peaks Mountain (Attachment B) and are zoned Rural Residential-A (RR-A). They are adjacent to undeveloped property and existing and future open space. The purpose of purchasing the parcels is to preserve them as open space. The Williams Ranch subdivision is to the north and a single-family neighborhood in Rancho Arbolitos is to the south. The current owner also owns the two parcels to the west of the subject parcels that were approved for a 10-lot subdivision in March 2018. A majority of that property will be preserved as open space. After negotiations with the current owner, a price of $6,000 per acre was agreed to. This is lower than the price paid in 2018 for another parcel in the vicinity. While the City would be purchasing the entire 80 acres, a 3.24-acre open space easement will be reserved for the current owner to use as mitigation for their adjacent subdivision. Therefore, the price that the City will be paying is based on 76.76 acres. The total purchase price will be $460,560 for the 80 acres. Attachment C shows the existing City-owned property adjacent to the subject parcels. The purchase of the subject parcels will create a large contiguous area of permanent open space on Twin Peaks Mountain, a target area for preservation . In the PRPA, the parcels are recognized as "Priority-Medium" as the parcels contain important gnatcatcher habitat that is at moderate risk of fragmentation. On August 20, 2019 during closed session, the proposed acquisition was discussed by the City Council and direction was given to staff to negotiate the terms of the acquisition. In November 2019, the current owner provided a Letter of Intent to Purchase (LOI) for the City's review and signature. After reviewing the documents and making a few minor revisions, the City Manager signed the LOI on March 2, 2020. The LOI sets forth the terms and conditions of the sale and establishes the sale price at $460,560. In late February 2020, a copy of the proposed Purchase and Sale Agreement was provided to the current owner and they have indicated their agreement to the terms of the document. A copy of the Purchase and Sale Agreement is provided as Attachment D. In addition to the $460,560 purchase price, there will be additional expenses for the City's share of the closing costs and recording fees. Therefore, the total appropriation requested is $470,560. Environmental Review: This item is not subject to CEQA review. Fiscal Impact: Acquisition of the parcel and processing fees for the transaction requires an appropriation of $470,560 from the Habitat Mitigation In-Lieu unappropriated fund balance (F2520-89010) to the Sensitive Lands Acquisition project (PRK0010-30). Public Notification: None. 2 of 28 April 7, 2020, Item #9 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF REAL PROPERTY (APNS 314-031-02-00 AND 314-032-03-00) IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS OF THE POWAY MUNICIPAL CODE AND STATE LAW WHEREAS, Dandeana Corporation ("Owner") is the Owner of two vacant parcels located on the southwest slope of Twin Peaks Mountain, in the City of Poway, identified by Assessor's Parcel Numbers 314-031-02-00 and 314-032-03-00, and as more particularly described in Exhibit "A" ("Property"); WHEREAS, the City of Poway ("City") desires to purchase vacant parcels for habitat preservation and open space pursuant to the goals and objectives of the Poway Subarea Habitat Conservation Plan; WHEREAS, Owner offered the Property to the City for sale for open space purposes; WHEREAS, in March 2020, a letter of intent to purchase the Property was signed by the City and Owner; WHEREAS, the purchase of this Property would result in significant public benefits by preserving open space and sensitive habitat; and WHEREAS, the City's Habitat Mitigation In-Lieu Fee Fund will be used to purchase the Property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The Property will meet a City goal and Poway Subarea Habitat Conservation Plan objective of acquiring open space for habitat preservation; Section 2: The City Manager is authorized to purchase the Property in accordance with any applicable provisions of the Poway Municipal Code and State Law, for the amount identified in the Letter of Intent to Purchase and in the Purchase and Sale Agreement, and take other actions necessary in connection therewith. 4 of28 ATTACHMENT A April 7, 2020, Item #9 Resolution No . 20- Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 17th day of March, 2020 by the following vote, to wit: AYES: NOES : ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of28 April 7, 2020, Item #9 EXHIBIT A LEGAL DESCRIPTION APNs 314-031-02-00 & 314-032-03-00 PARCEL A: APN: 314-031-02-00 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 8: APN: 314-032-03-00 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 14, SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. 6 of 28 April 7, 2020, Item #9 PURCHASE AND SALE AGREEMENT (Dandeana Corporation) Location: APN: Southwest slope of Twin Peaks Mountain, 80 .00 Acres, in Poway, California, 92064 · 314-031-02-00 & 314-032-03-00 This AGREEMENT OF PURCHASE AND SALE ("Agreement") is made and entered into as of this 18th day of March 2020 (the "Effective Date"), by and between THE CITY OF POWAY, a municipal corporation (the "Buyer"), and DANDEANA CORPORATION, a California corporation, and/or an affiliated entity formed for the purpose of this transaction (the "Seller"). This Agreement constitutes an agreement by which the Seller agrees to sell to Buyer, and the Buyer agrees to purchase from the Seller, on the terms and conditions hereinafter set forth, that certain real property located in the County of San Diego, State of California and described in the "Legal Description" attached hereto as Exhibit A and shown on the "Property Map" attached hereto as Exhibit B, together with all Improvements as hereinafter defined (collectively, the "Property"). The terms and conditions of this Agreement are as follows: 1. Property. The Property to be acquired by Buyer from Seller under this Agreement consists of two (2) parcels totaling approximately 80 acres located on the southwest slope of Twin Peaks Mountain, Poway, California and the Improvements located on the Property. Seller currently owns fee title to the Property and all of the Improvements. For purposes of this Agreement, the term "Improvements" shall mean and include all buildings, structures, improvements, pavement, areas improved with asphalt, concrete or similar materials, utilities and fixtures and equipment installed upon or located in or on the Property owned by Seller. For purposes of this Agreement, the term "Property" shall mean and include the above-referenced parcel of land, the Improvements, and all and singular estates, rights, privileges, easements and appurtenances owned by Seller and belonging or in any way appertaining to the Property. The Property, while improved, is currently vacant. 2. Conservation Easement. The Seller has reserved an open space conservation easement over approximately 3.24 acres of the Property ("Easement"), as set forth in the Grant Deed attached hereto as Exhibit "C", to which the Buyer has agreed. Seller's reservation of this Easement has been reflected in the Purchase Price. - 1 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 9 of 28 ATTACHMENT D April 7, 2020, Item #9 3. Acquisition. a. Purchase Price. The purchase price to be paid by Buyer to Seller for the Property shall be Four Hundred Sixty Thousand Five Hundred and Sixty Dollars and 00/100 ($460,560.00) (the "Purchase Price"). b. Purchase As-ls. Where Is . Buyer expressly acknowledges and agrees, and represents and warrants to Seller, that Buyer is purchasing the Property "AS IS, WHERE IS", and "WITH ALL FAUL TS". c . No Obligation to Repair. Any reports, repairs or work required by Buyer are the sole responsibility of Buyer, and Buyer agrees that there is no obligation on the part of Seller to make any changes, alterations or repairs to the Property or to cure any violations of law or to comply with the requirements of any insurer. d . No Merger. The provisions of this Paragraph 2 shall survive the transfer of title and shall not be deemed merged into any instrument or conveyance effectuating such transfer. 4. Payment of Purchase Price. Buyer shall deposit the Purchase Price with Escrow Company within twenty (20) days of the Effective Date. 5 . Transfer of Title . The "Close of Escrow" or "Closing" means the date on which the Grant Deed conveying title to the Property to Buyer is recorded. The Close of Escrow shall occur on or before July 30, 2020 (the "Closing Date"). On or prior to the Closing Date, (i) Buyer shall deliver to Stewart Title Guaranty Company ("Title Company"), for recording, the Grant Deed in the form attached hereto as Exhibit C ("Grant Deed"), duly executed by Buyer, acknowledged and in recordable form, and (ii) Buyer will deliver the Purchase Price to Seller in accordance with Section 3 above. Upon Seller's receipt of the Purchase Price with Buyer, Buyer will authorize Stewart Title Guaranty Company to record the Grant Deed . 6 . Closing Costs. Buyer shall pay (i) all of the city, county and/or other documentary transfer stamps, taxes and/or fees ; and (ii) all of Title Company's charges for the Owner's Policy which would be incurred for a standard AL TA form owner's policy. Buyer shall pay (i) any charges for extended title coverage and any title endorsements requested by Seller; and (ii) the cost of recording the Grant Deed. All other closing costs and charges shall be paid by the parties in accordance with the customary practice in San Diego County. Buyer and Seller shall split escrow fees. 7. Conditions to Transfer of Title. a. Conditions to Buyer's Obligations . Buyer's obligation to consummate the transaction contemplated by this Agreement and to deposit the -2 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 10 of 28 April 7, 2020, Item #9 Purchase Price with Seller is subject to the satisfaction of the following conditions for Buyer's benefit: 11 of 28 (1) Review and Approval of Documents and Materials. Buyer hereby acknowledges that Buyer has had an opportunity to review, at Buyer's sole cost and expense, and hereby approves of, all environmental reports, groundwater and soils inspection, conditions of title, zoning, surveys, all physical inspections of the Property, and all other reports or inspections Buyer has deemed necessary or appropriate in connection with this Agreement. (2) Buyer's Title Policy. Title Company will be prepared to issue a standard coverage AL TA policy of owner's title insurance in the amount of the Purchase Price, subject only to exceptions approved by Buyer and with the endorsements required by Buyer to all exceptions shown in the preliminary title report except for monetary encumbrances, which shall be removed by Seller (the "Owner's Policy"). (3) Representations, Warranties, and Covenants of Seller. Seller shall have duly performed each and every agreement to be performed by Seller hereunder and Seller's representations, warranties, and covenants set forth in this Agreement shall be true and correct in all material respects. (4) Inspections and Studies. Buyer hereby acknowledges and agrees that Buyer has approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to the environmental condition of the Property, zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies and soils, seismic and geologic reports) with respect to the Property elected or obtained by Buyer. During the term of this Agreement, Buyer, its agents, contractors and subcontractors, upon at least twenty-four (24) hours written notice, shall have the right to enter upon the Property, at reasonable times during ordinary business hours, to make any and all additional inspections and tests as may be necessary or desirable in Buyer's sole judgment and discretion, except that Buyer needs Seller' written approval for any inspection that could materially alter the physical condition of the property or create any violation of any environment requirements. Buyer shall use care and consideration in connection with any of its inspections. Buyer shall indemnify, defend and hold Seller and the Property harmless from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of, or resulting from the acts or omissions of Buyer's, and/or Buyer's agents, - 3 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) April 7, 2020, Item #9 contractors and/or subcontractors occurring during or resulting from such entry or activities upon the Property. b. Conditions Precedent to Seller's Obligations. Seller's obligation to consummate the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions for Seller's benefit: (1) Buyer's Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer. (2) Certificate of Acceptance. Buyer shall have delivered to Seller or to Stewart Title Guaranty Company a duly executed Certificate of Acceptance to be appended to the Grant Deed. (3) Buyer's Representations and Warranties . All representations and warranties made by Buyer in this Agreement shall be true and correct as of the transfer of title. 8 . Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement, and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer (and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder): a. Signatories. The persons executing this Agreement, the instruments referenced herein, and any other documents executed and delivered on behalf of Seller have the full right, power and authority to do so and have been duly authorized to do so by Seller, and no other persons are required to execute this Agreement on behalf of Seller. b . Threatened Actions. There are no actions, suits or proceedings pending against, or, to Seller's actual knowledge, threatened or affecting the Property in law or equity. c. No Violation of Law. To the Seller's actual knowledge, there is no violation of law or governmental regulation by Seller with respect to the Property. d. Condemnation. There are no pending, or, to the best of Seller actual knowledge, threatened proceedings in eminent domain or otherwise, which would affect the Property or any portion thereof. - 4 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 12 of 28 April 7, 2020, Item #9 e. Compliance with Law. To Seller actual knowledge, all laws, ordinances, rules, and requirements and regulations of every governmental agency, body, or subdivision thereof bearing on the Property have been complied with by Seller. f. Agreements. Seller are not a party to any agreement (whether oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property or any portion thereof subsequent to the recordation of the Grant Deed, except as may be reflected in the Preliminary Title Report or previously disclosed to Buyer in writing. g. Documents. To Seller actual knowledge, all documents delivered to Buyer pursuant to this Agreement are true and complete copies of originals, without any representation or warranty as to the contents or accuracy thereof. h. Occupancy Agreements. There are no leases, subleases, occupancies or tenancies in effect pertaining to the Property, except as noted above in Section 1, and Seller have no knowledge of any oral agreements with anyone, including tenants, with respect to the occupancy of the Property, except as may be reflected in the Preliminary Title Report or previously disclosed to Buyer in writing. The truth and accuracy of Seller representations and warranties made herein shall survive the consummation of the transaction contemplated by this Agreement for a period of twelve (12) months. 9. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): a. Buyer is a municipal corporation, duly formed, validly existing and in good standing under the laws of the State of California. b . Buyer has the full right, power and authority to enter into this Agreement and the instruments referenced herein; and to consummate the transactions contemplated hereby. c . The persons executing this Agreement, the instruments referenced herein, and any other documents executed and delivered on behalf of Buyer have the full right, power and authority to do so and have been duly authorized to do so by Buyer, and no other persons are required to execute this Agreement on behalf of Buyer. - 5 - Purchase & Sale Agreement -Dandeana Corporation (Twin Peaks) 13 of 28 April 7, 2020, Item #9 d. This Agreement has been, and all documents executed by Buyer under this Agreement which are to be delivered to Seller will be, duly authorized, executed, and delivered by Buyer, and as to all documents to be executed by Buyer, will be, legal, valid, and binding obligations of Buyer, and do not and will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject. e . Buyer has been given a sufficient opportunity to inspect the Property and has obtained and examined such information and documentation affecting the Property as Buyer has deemed necessary or appropriate. 10. Damage or Condemnation Prior to Transfer. a. Material Damage or Destruction. In the event of material damage to or destruction of the Property prior to the transfer of title, Buyer shall accept the Property in its damaged condition, and Seller shall assign all of Seller's insurance proceeds and Buyer shall receive a credit against the Purchase Price for the amount of any unpaid insurance deductible ; provided, however, that if as result of any casualty, the Property sustains damage in excess of $50,000.00 of the replacement cost of the Property, then Buyer can elect to : either (i) to terminate this Agreement within fifteen (15) days of such damage or destruction, or (ii) accept the Property in its then condition and to proceed with the transfer of title, in which event, Buyer shall be entitled to receive an assignment of all of Seller's rights to any insurance proceeds payable by reason of such damage or destruction . If Buyer elects to proceed under clause (ii) above, Seller shall not compromise, settle or adjust any claims to such proceeds without Buyer's prior written consent. b. Eminent Domain. In the event that prior to the transfer of title, all or any material portion of the Property is subject to a taking or a threatened taking by a public authority, Buyer shall have the right, but not the obligation, exercisable by giving notice to Seller within fifteen (15) days after receiving knowledge of such taking , either (i) to terminate this Agreement, in which case no party shall have any further rights or obligations hereunder, or (ii) to accept the Property in its then condition and to proceed with the transfer of title without an abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to any condemnation award payable by reason of such taking. If Buyer elects to proceed under clause (ii) above, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent. c. Non-Material Taking or Damage . In the event that prior to the transfer of title , any non-material portion of the Property is damaged, destroyed or subject to a taking or a threatened taking by a public authority, Buyer shall accept the Property in its then condition and proceed with the transfer of title without any abatement or reduction in the Purchase Price, in which case Buyer shall be entitled to receive an assignment of all of Seller's rights to (i) any applicable insurance proceeds; and/ or (ii) any condemnation award payable by reason of such taking. In the event of any such -6 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 14 of 28 April 7, 2020, Item #9 non-material damage, destruction or taking, Seller shall not compromise, settle or adjust any claims to such award without Buyer's prior written consent. 11. Legal Fees . In the event of any action between Buyer and Seller seeking enforcement of any of the terms and conditions to this Agreement, or otherwise in connection with the Property, the prevailing party in such action, whether by fixed judgment or settlement, shall be entitled to recover its reasonable attorneys' fees, court costs and expert witness fees . 12. Assignment. Buyer shall not be entitled to assign this Agreement without the prior written consent of the City Manager. 13. Miscellaneous. a . Survival of Covenants . The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed, unless provided otherwise . b. Required Actions . The parties each agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated and shall use their best efforts to transfer title to the Property in accordance with the provisions hereof. c. Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof. d. Counterparts . This Agreement 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. e. Captions . Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. f . No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon , nor obligate any of the parties hereto, to any person or entity other than the parties hereto. g . Exhibits and Schedules . The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. - 7 - Purchase & Sale Agreement -Dandeana Corporation (Twin Peaks) 15 of 28 April 7, 2020, Item #9 h . Waiver. The waiver or failure to enforce any prov1s1on of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. i. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to the principles governing conflicts of laws. Venue for any action arising under this Agreement shall be in the Superior Court of San Diego, and buyer expressly waives any potential ability to transfer venue pursuant to California Code of Civil Procedure section 394. j. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. k. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. I. Severability. In the event that any provision of this Agreement or the application thereof becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. m. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day, and including the last day, unless the last day is a holiday or Saturday or Sunday, in which case the time shall be extended to the next business day. n. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. o . Conflicts of Interest. No member, official or employee of the parties shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is, directly or indirectly, interested. p. Gender and Number. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. -8 - Purchase & Sale Agreement -Dandeana Corporation (Twin Peaks) 16 of 28 April 7, 2020, Item #9 14. Entire Agreement, Waivers and Amendments. a. This Agreement shall be executed in two (2) duplicate originals each of which is deemed to be an original. This Agreement and its attached Exhibits shall constitute the entire understanding and agreement of the parties. b. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all (or any part of or any interest in) the Property. This Agreement and all documents incorporated herein contain the entire understanding among the parties hereto relating to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written. c. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the parties, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties to be bound thereby. d. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument. The signature page of this Agreement may be detached from and added to any counterpart of this Agreement identical in form . e. The City Manager, or designee, on behalf of Buyer, and the Representative of Dandeana Corporation, or designee, on behalf of Seller, are each authorized to make such non-substantive changes to this Agreement or the documents and instruments attached to this Agreement as may be necessary or appropriate to effectuate this Agreement. [Signatures on Following Page] - 9 - Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 17 of 28 April 7, 2020, Item #9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "SELLER" DANDEANA CORPORATION, a California corporation By:------------- Name: ------------ Title: ------------- -10 - "BUYER" CITY OF POWAY, a municipal corporation By:------------- Chris Hazeltine, City Manager Attest: By:------------- Faviola Medina, CMC, City Clerk Approved as to form: RUTAN & TUCKER, LLP By : Alan Fenstermacher, City Attorney Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) 18 of 28 April 7, 2020, Item #9 EXHIBIT A LEGAL DESCRIPTION APNs 314-031-02-00 & 314-032-03-00 PARCEL A: APN: 314-031-02-00 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: APN: 314-032-03-00 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 14, SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. 19 of 28 Purchase & Sale Agreement -Dandeana Corporation (Twin Peaks) EXHIBIT A LEGAL DESCRIPTION April 7, 2020, Item #921 of 28 EXHIBIT C GRANT DEED [BEHIND THIS PAGE] Purchase & Sale Agreement-Dandeana Corporation (Twin Peaks) EXHIBIT C GRANT DEED April 7, 2020, Item #9 RECORDING REQUESTED BY, ) MAIL TAX STATEMENT TO ) AND WHEN RECORDED MAIL TO: ) ) The City of Poway ) 13325 Civic Center Drive ) Poway, CA 92064 ) ATTN : City Clerk ) GRANT DEED APN: 314-031-02-00 & 314-032-03-00 This document is exempt from payment of a recording fee pursuant to Government Code Section 27383 For valuable consideration, receipt of which is hereby acknowledged, DAN DEANA CORPORATION, a California corporation ("Seller"), hereby grants to, the CITY OF POWAY, a general law city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), the real property hereinafter referred to as the "Parcels ," more particularly described in Exhibit A attached hereto and incorporated herein, subject to (a) any lien to secure payment of real estate taxes and assessments; (b) the existing easements, restrictions and covenants of record described therein; (c) all applicable laws, ordinances, rules and governmental regulations (including, but not limited to , those relative to building, zoning and land use) affecting the development, use, occupancy or enjoyment of the Parcel; and (d) all matters which would be apparent from an inspection, or disclosed by the Survey. Seller hereby reserves for itself, and its successors and assigns, an open space conservation easement over approximately 3.24 acres of the Parcels, as more particularly described in Exhibit B , attached hereto and incorporated herein. The Parcels are conveyed in accordance with and subject to the Purchase and Sale Agreement entered into between the City and Seller dated March 18, 2020 ("Agreement"), a copy of which is on file with the Agency at its offices as a public record and which is incorporated herein by reference. 22 of 28 SELLER: By:------------- Daniel Ginzburg, President Dandeana Corporation Grant Deed Page 1 April 7, 2020, Item #923 of 28 CITY: CITY OF POWAY, a general law city and municipal corporation By: _______________ _ Chris Hazeltine, City Manager ATTEST: Faviola Medina, CMC, City Clerk APPROVED AS TO FORM: By: _____________ _ Alan B . Fenstermacher, City Attorney Grant Deed Page 2 April 7, 2020, Item #9 EXHIBIT A LEGAL DESCRIPTION APNs 314-031-02-00 & 314-032-03-00 PARCEL A: APN: 314-031-02 -00 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL B: APN: 314-032-03-00 THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 14, SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF . 24 of 28 Grant Deed Page 3 April 7, 2020, Item #9 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, APNs 314-031-02-00 & 314-032-03-00, conveyed by the Grant Deed dated March 18, 2020, from DANDEANA CORPORATION, a California corporation, to the CITY OF POWAY, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Poway pursuant to authority conferred by the City Council through Resolution No . 17-007 adopted on April 18, 2017, and the Grantee consents to recordation thereof by its duly authorized officer. CITY OF POWAY, a municipal corporation Dated: --------By: -------------- Robert J. Manis, Director of Development Services 27 of 28 April 7, 2020, Item #9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________ _ ) ) On _________ , before me, _____________ , a Notary Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ________ _ ) ) On _________ , before me, _____________ , a Notary Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ____________ _ 28 of 28 April 7, 2020, Item #10M EM ORAN DLJ M City of Poway DATE: TO: FROM: SUBJECT: Summary: April 7, 2020 Members of the City Council Steve Vaus, Mayor Moratorium on Commercial Evictions I am seeking council concurrence on a measure that will offer some protections and assistance to local businesses to help them in transitioning back to more normal operations after the worst of the Coronavirus crisis has passed. While the State of California has suspended all residential evictions until May 31, 2020, they have not offered similar protections to commercial evictions. The State of California has, however, empowered local jurisdictions to undertake such action to prohibit commercial evictions. In the interest of protecting our local businesses and the jobs they provide I propose the City of Poway suspend commercial evictions until May 31, 2020. It is important to note the federal and state government have issued increased protections for landlords that do not make mortgage payments, suspending foreclosure and eviction proceedings by most financial institutions. Recommended Action: Mayor Vaus is requesting discussion on a Moratorium on Commercial Evictions and if there is Council concurrence, adopt the Urgency Ordinance. Attachments: A. Urgency Ordinance Reviewed/ Approved By: Assistant City Manager 1 of7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 7, 2020, Item #102 of 7ATTACHMENT AORDINANCE NO. __ _ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 8634, 36934, AND 36937, TEMPORARILY PROHIBITING THE EVICTION OF ANY COMMERCIAL TENANT WHO SUFFERS A SUBSTANTIAL LOSS OF INCOME OR SUBSTANTIAL INCREASE IN EXPENSE RELATED TO COVID-19 WHEREAS, the Novel Coronavirus, Coronavirus Disease 19 ("COVID-19") has spread globally to over 117 countries, infecting more than 700,000 persons and killing more than 37,000 individuals worldwide, and shows every indication of spreading further before it is controlled; WHEREAS, the COVID-19 global pandemic in the City of Poway, commencing on or about January 24, 2020, creates a threat to public health and safety; WHEREAS, on February 14, 2020, the County of San Diego determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in San Diego County and declared a Local Health Emergency; WHEREAS, on March 4, 2020, the Governor of the State of California declared a State of Emergency in response to the COVI D-19 pandemic; WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic; WHEREAS, on March 12, 2020, the Health Officer of San Diego County has issued restrictions relating to public and private gatherings, and this order was subsequently amended on March 16, 2020, to further restrict public and private gatherings in response to COVID-19; WHEREAS, on March 12, 2020, the Governor of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that, among other things, recognized that individuals exposed to COVID-19 may be temporarily unable to work due to illness caused by COVID-19 or quarantines related to COVID-19 and, as a result, may be unable to pay for housing; WHEREAS, Executive Order N-25-20 also ordered residents to heed any orders and guidance by local public health officials, including but not limited to social distancing measures; WHEREAS, Executive Order N-25-20 also provided that local jurisdictions could determine that promoting stability among commercial tenancies is also conducive to public health, to help mitigate the economic impacts of COVID-19; WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continuing spread and the effects of COVID-19; and on March 16, 2020, announced guidelines advising people to avoid gatherings of ten (10) or more persons for a period of fifteen (15) days; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based April 7, 2020, Item #103 of 7Ordinance No. *** Page 2 on conditions of extreme peril to the health and safety of persons caused by the COVI D-19 global pandemic, which the City Council ratified at its March 18, 2020 Special Meeting; WHEREAS, on March 15, 2020, the Governor of the State of California announced via press conference that he was: (1) calling for home isolation for adults over the age of sixty-five and individuals with chronic conditions; (2) directing the closure of bars, brewpubs, wineries, and nightclubs; and (3) calling for restaurants to limit occupancy to half their current allowance and practice social distancing; WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, which indicated local jurisdictions take additional measures to promote housing stability and security in the face of the COVID-19 threat; WHEREAS, pursuant to the statewide and County stay at home orders, only "essential" businesses in the City of Poway are permitted to stay open, and except for delivery and take out services, all restaurants in the City of Poway have been ordered to close; WHEREAS, on March 18, 2020, the Federal Housing Administration implemented a foreclosure and eviction moratorium for single family homeowners with FHA-insured mortgages for 60 days; WHEREAS, all schools in the Poway Unified School District are currently closed to prevent the spread of COVID-19; WHEREAS, on March 25, 2020, the Governor of the State of California issued an announcement that financial institutions will offer a 90-day grace period for mortgage payments, including no negative impacts on credit reporting, and a moratorium on financial institutions initiating foreclosure sales or evictions; WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, which had the effect of placing a statewide moratorium on residential evictions until May 31, 2020; WHEREAS, as of March 31, 2020, there were 603 confirmed positive CVOID-19 cases, including a number by community transmission, in San Diego County; WHEREAS, the COVID-19-related social distancing measures imposed by federal, State, and municipal agencies (such as school and childcare closures, home isolation, quarantines, and the closure of many workplaces) have resulted and will continue to result in a substantial loss of income for many residents and businesses; WHEREAS, pursuant to Government Code Section 8634, during a local emergency, the City Council may promulgate orders and regulations necessary to provide for the protection of life and property; WHEREAS, pursuant to Government Code Sections 36934 and 36937, a city may adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and April 7, 2020, Item #104 of 7Ordinance No. *** Page 3 WHEREAS, as set forth in more detail in the declaration of the facts constituting the urgency in Section 3 below, the threatened displacement of businesses during the COVID-19 pandemic poses numerous threats to the public peace, health, or safety, including increased joblessness and reduced sales tax revenue for the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The above recitations are true and correct. SECTION 2. The City Council finds and determines that the adoption of this Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061 (b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment. SECTION 3. The adoption of this Urgency Ordinance is necessary to provide for the protection of life and property (as those terms are used in Government Code Section 8634) and necessary for the immediate preservation of the public peace, health, or safety (as those terms are used in Government Code Section 36937(b)) in at least the following respects: A. For all of the reasons set forth in the recitals, COVID-19 has become a National, State, and local emergency that will result in a substantial loss of income for many commercial renters, particular for those "non-essential" businesses that have been forced to close. B. Promotion of stability in commercial tenancies is important in the City of Poway, given the number of small businesses in the community, and the need to preserve the existing commercial core of businesses, as a foundation not only for the City to recover quickly from losses of sales tax revenues expected to occur as a result of immediate shutdowns and curtailment of business activities in compliance with local, State, and federal health orders, but also for the ability to meet the need to attract new commercial tenants, and to minimize the job losses that might occur form displacement, relocation, or bankruptcies businesses that might follow commercial evictions caused by socially responsible activities of commercial tenants in response to the COVID-19 crisis; which in turn would exacerbate the impacts of residential evictions and its contributing impact to homelessness. C. Evicting renters who are temporarily unable to pay rent due to a COVID-19-related loss of income or expense poses an immediate threat to life, property, and the public peace, health, or safety, in that it would displace some of Poway's most vulnerable residents and businesses, and likely increase homelessness and/or the risk of COVID-19 transmission. Therefore, it is imperative that the City implement temporary strategies to keep people and businesses housed. SECTION 4. Temporary Prohibition on Commercial Evictions Caused By Financial Impacts of COVID-19. April 7, 2020, Item #105 of 7Ordinance No. *** Page4 a) Prohibition. During the term of this moratorium, a commercial tenant shall not be evicted for nonpayment of rent when the tenant can demonstrate that they have suffered one or more financial impacts related to COVID-19. b) Definitions. As used herein, "financial impacts" means a substantial loss of business income. A financial impact is "related to COVID-19" if it was caused by the COVID-19 pandemic, the President of the United States' Declaration of National Emergency, the Governor of the State of California's Declaration of State Emergency, the County of San Diego and/or City of Poway's Proclamation of Local Emergency, or compliance with public health orders related to COVID-19 from local, State, or federal authorities, including compliance with employer dictates or policies regarding shutdowns, limitations on gatherings or operations of businesses or groups, social distancing, self-isolation or self-quarantine, or like measures. c) Notice to Landlord. Tenants who wish to avail themselves of the protections afforded by this moratorium must first notify their landlords that they cannot pay rent due to a COVID-19-related financial impact. Within one week of providing this notice, tenants must provide documentation to their landlord(s) corroborating that they have suffered a COVID-19-related financial impact. A statement signed under penalty of perjury outlining the specific details of the COVID-19-related financial impact the tenant has suffered shall constitute sufficient corroborating documentation. d) Repayment of Unpaid Rent. This Urgency Ordinance imposes a moratorium on evictions -but is not, and should not be interpreted as-a moratorium on the payment of rent, or any forgiveness of same Tenants who avail themselves of the protections afforded by this moratorium shall remain responsible for ultimate payment of rent. Unless a landlord agrees to a longer repayment term, tenants shall have up to three (3) months after the City of Poway proclaims the termination of the Local Emergency to repay any unpaid rent. SECTION 5. A landlord's failure to comply with this Urgency Ordinance shall render any notice of termination of tenancy issued during the term of this moratorium void. For notices of termination issued during the term of this moratorium, this Urgency Ordinance may be asserted as an affirmative defense in an unlawful detainer action. A landlord's failure to comply with this Urgency Ordinance does not constitute a criminal offense. All penalties that are set forth in State Law and the Poway Municipal Code shall apply to violations of the provisions of this Urgency Ordinance. SECTION 6. This Ordinance is declared to be an Urgency Ordinance by authority conferred on the City Council of the City of Poway by Government Code Sections 8634, 36934, and 36937, and shall be in full force and effect immediately upon its adoption by a four-fifths vote of the City Council. SECTION 7. The moratorium created by this Urgency Ordinance shall be in effect until May 31, 2020, unless extended by action of the City Council, which may occur at a meeting complying with the interim orders regarding the Brown Act in the Governor's Executive Order No. N-25-20, as amended by Executive Order N-29-20. If a term of the moratorium is not extended, April 7, 2020, Item #106 of 7Ordinance No.*** Page 5 then it shall automatically expire at 11 :59 p.m. on its last day without further action of the City Council. If, during the effective period of this ordinance, a moratorium on commercial evictions is enacted by either the federal government, the State of California, or the County of San Diego, and such moratorium is effective as to the City of Poway, this ordinance shall automatically expire upon the date such statute, ordinance or law becomes effective as to the City of Poway. If the City Council proclaims the termination of the Local Emergency based on COVID-19, the moratorium shall automatically cease to be in effect without further action of the City Council. SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Urgency Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Urgency Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Urgency Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Urgency Ordinance are declared to be severable. SECTION 9. The Mayor shall sign this Urgency Ordinance and the City Clerk shall attest and certify to its passage and adoption. The City Clerk shall cause this Urgency Ordinance to be published or posted as required by law. In accordance with Government Code Section 8634, this ordinance and any amendments, extensions, and rescissions thereof shall be given "widespread publicity and notice," including but not limited to providing notice of, and a copy of, the ordinance on the City's website, issuance of a press release to local media, and offering notice of same via local public access television. EFFECTIVE DATE: This Ordinance shall take effect and be in force immediately. 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. PASSED AND ADOPTED at a Regular Meeting of said City Council held the 7th day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: April 7, 2020, Item #107 of 7ATTEST: Faviola Medina, CMC, City Clerk Steve Vaus, Mayor Ordinance No. *** Page 6 April 7, 2020, Item #11 M EM ORAN DLJ M City of Poway DATE: TO: FROM: SUBJECT: Summary: April 7, 2020 Members of the City Council Steve Vaus, Mayor Small Business Bridge Loan Program As a community, Poway has always come together in the face of every challenge we've met. Now, with the Coronavirus wreaking havoc around the world we must come together again to protect and support our friends, neighbors and local businesses. In the interest of protecting and supporting local businesses and jobs I propose we create a loan program -Poway Emergency Assistance Recovery Loans (PEARL) -to help small businesses get back on their feet after the health emergency has passed. Numerous decisions about such a program need to be made -types of businesses that qualify; loan amounts and terms; funding source; and others -and I encourage Council's input and/or direction to staff to create the PEARL program. Of course, the federal and state governments have long-standing disaster loan programs in place and others are developing grant and loan programs to help businesses survive this crisis. Such programs are evolving quickly, and not all details are known at this time. Attached is a chart with various loan programs and a description of the loan terms. The purpose of Poway's PEARL program would be to complement existing loan programs and to provide a financial bridge to businesses to survive the current emergency. Recommended Action: Mayor Vaus is requesting Council's input and/or direction to staff to create the PEARL program. Attachments: A. Loan Program Table Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 1 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: City Manager 2 of 2April 7, 2020, Item #11 Lender Program Description Loan Amt Interest Rate Repayment Term Ellglbllty • Business License • Proof in business 6 months+ City of San Small Business Relief Fund Small business grants and forgivable loans $10,000-$20000 2.50% deferred payments • Proof of economic hardship Diego for 6 months. • not be a chain store, not for profit or illegal act ivity • no outstanding citv violations • Tier 1-Independently owned, mandated by government action • $10,000, 0% int repaid or decree to close or significantly within 180 days alter activity. • up to $25,000, 1.5% int. • Tier 2 -Independently owned, if repaid w/in 6 mo ., 2.5% can demonstrate business has City of San COVID-19 Business Sustainability Short term business loan program $10,000 -$50,000 int. if repaid within 1 year various been significantly affected but has Marcos Program • $25,001 -$50,000, 2.5% not been ordered to alter business int w/in 180 days, 3.0% practices . w/in 1 year, 3.25% w/in 2 • Tier 3 -Part of a national and/or years. Priority 10+ regional franchise, mandated by employees largest loans government action to close or significantly alter activity. • Fo r-profit, less than 250 CDC Small Emergency Relief Working Capital Businesses impacted by COVID-19 that Variable Rate : Prime+ 10 years fully employee small businesses whose Business need money to cover payroll, rent or up to $150,000 operations, revenue and staffing Finance Loan mortgage, utilities, insurance and more . 2.75 to 6% amortized have been disrupted due to COVID 19. • For-profit, less than 250 CDC Small Bus inesses impacted by COVID-19 that employee small businesses whose Business Emergency Relief Microloan need money to cover payroll, rent or up to $50,000 Variable Rate Prime+ 1% 5 year term with 10 operations, revenue and staffing Finance mortgage, utilities, insurance and more . year amortization have been disrupted due to COVID 19 . Lender Program Description Loan Amt Interest Rate Repayment Term Ellglbllty U.S. Small Loans to small businesses, small agricultural Business Economic Injury Disaster Loans (Ell cooperatives, and most private non-profit 3 .75% 30 years Less than 500 employees Adamin-organizations istration U.S. Small Cash-flow assistance through 100 percent Business Paycheck Protection Program federally guaranteed loans to employers $10M 4% on portion not forgiven 10 years Less than 500 employees Adamin-who maintain their payroll during this istration emergency State of CA The Disaster Relief Loan Provides loan guarantees for small business $20 M loan with $1 negotiated 7 years Less than 750 employees Guarantee Program borrowers in declared disaster areas M guaranteed State of CA The Jump Start Loan Program Loans to low-wealth entrepreneurs in $500-10000 negotiated 5 years No paramaters declared disaster and emergency areas . Information on these and other resources can be found at: https ://poway.org/1030/Coronavirus-COVID-19-Updates April 7, 2020, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway April 7, 2020 Honorable Mayor and Members of the City Council Jon M. Canavan, Fire Chief Q Jon M. Canavan, Fire Chief (858) 668-4461 or jcanavan@poway.org CITY COUNCIL Resolution to Continue the Existence of a Local Emergency Within the City of Poway Due to the Novel Coronavirus (COVID-19) Global Pandemic The Novel Coronavirus (COVID-19) global pandemic continues to spread across populations with unprecedented impacts on all business, economic, healthcare, military, and social segments of the United States. Federal, state, and county directives, mandates and orders to prevent, control and manage the spread of COVID-19 have, and continue to, impact Poway residents, businesses and visitors. In response to the COVID-19 global pandemic, and its impact on Poway, the City Manager, serving as Director of Emergency Services for the City of Poway, proclaimed a local emergency on March 13, 2020. On March 18, 2020, the City Council approved Resolution No. 20-013 ratifying the City Manager's Proclamation of Local Emergency. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. Recommended Action: It is recommended that the City Council approve a resolution continuing the Proclamation of Local Emergency authorizing the City Manager to take necessary actions to protect the public and welfare of the City from the serious and imminent threat of COVI D-19. This action requires a four-fifths (4/5) vote of the City Council. Discussion: COVID-19 was first detected in Wuhan City, Hubei Province in China in December 2019. On January 30, 2020, the World Health Organization declared COVID-19 a public health emergency of international concern. On January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared the COVID-19 global outbreak a public health emergency for the United States. On February 14, 2020, the County of San Diego declared a local health emergency and proclaimed a local emergency to deal with COVID-19. The Centers for Disease Control and Prevention announced on February 26, 2020, that community spread of COVID-19 is likely to occur in the United States. On March 4, 2020, California's governor proclaimed a State of Emergency in California. This statewide 1 of 6 April 7, 2020, Item #12proclamation waives the requirement for local governments to renew local health emergencies at regular intervals. The World Health Organization on March 11, 2020, declared the rapidly spreading COVID-19 a global pandemic, acknowledging the virus will likely spread to all countries on the globe. On March 13, 2020, President Trump declared a National Emergency. In order to address the COVID-19 related issues, the City's Director of Emergency Services (City Manager) adopted a Proclamation of Local Emergency on March 13, 2020 and the City Council ratified the proclamation on March 18, 2020. The adopted resolution requires the City Council to either continue the emergency action or declare the emergency ended at each regular meeting. The COVI D-19 global pandemic continues to rapidly spread across populations with unprecedented impacts on all business, economic, healthcare, military, and social segments of the United States. Public health officials advise that positive cases of infection continue to increase with high probability for the acceleration of more positive cases. Officials remain highly concerned that the number of infectious persons will outpace the availability of testing capacities and treatment capabilities. Federal, state, and county directives, mandates, orders and guidelines have been issued to prevent, control and manage the spread of COVID-19. The direct impact of these directives on Poway residents, businesses and visitors includes physical separation and home isolation, discontinuance of mass gatherings and meetings, reduced access to certain public facilities and recreational amenities, restricted restaurant operations and discontinuance of non-essential business and infrastructure functions. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Based on expenditure receipts to date, City costs to respond to COVID-19 are estimated at $23,000. The total fiscal impact is unknown at this time. Per the City Council adopted General Fund Reserve Policy, the City maintains a General Fund Reserve of 45% of the annual operating budget, or $20,961,853 as of June 30, 2019. Within that 45%, $13,974,863 is set aside for Extreme Events/Public Safety. Based upon the City's reserve policy, there are adequate reserves to cover the costs to respond to this health emergency. Further, staff believes some of the costs are recoverable under State and Federal Disaster programs. Amounts recovered under these programs will be used to replenish the General Fund Reserve. Pursuant to the reserve policy, staff will return with a plan to replenish any General Fund reserves not replenished under a state or federal disaster program. Further, staff will recommend applicable budget adjustments prior to the completion of the current fiscal year. Public Notification: None. Attach men ts: A. Resolution B. Proclamation of Local Emergency 2 of 6 April 7, 2020, Item #12Reviewed/Approved By: Wendy erman Assistant City Manager 3 of6 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager April 7, 2020, Item #12ATTACHMENT ARESOLUTION NO. 20-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING THE CONTINUED EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE TO THE NOVEL CORONAVIRUS (COVID-19) GLOBAL PANDEMIC WHEREAS, the Novel Coronavirus (COVID-19) global pandemic in the City of Poway, commencing on or about January 24, 2020 that creates a threat to public health and safety; WHEREAS, Government Code section 8630 and Poway Municipal Code (PMC) Section 2.12.060 empower the City Manager, acting as the Director of Emergency Services, to proclaim the existence of a local emergency when the City is affected by a public calamity, and the City Council is not in session; WHEREAS, on March 13, 2020, the City Manager, acting pursuant to Government Code section 8630 and PMC section 2.12.060, proclaimed the existence of a local emergency based on conditions of extreme peril to the health and safety of persons caused by the Novel Coronavirus (COVID-19) global pandemic; WHEREAS, on March 18, 2020, the City Council, acting pursuant to Government Code section 8630 and PMC section 2.12.065, ratified the existence of a local emergency within seven (7) days of a Proclamation of Local Emergency by the City Manager; WHEREAS, the City Council, acting pursuant to PMC section 2.12.065, shall review the need for a continuing emergency declaration at regularly scheduled meetings at least every 21 days until the emergency is terminated; WHEREAS, Public Contract Code Section 20168 provides that the City Council may pass by four-fifths (4/5) vote, a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property; WHEREAS, upon adoption of such resolution, the City Manager may expend any sum required in the emergency and report the same to the City Council in accordance with Public Contract Code Section 22050; WHEREAS, if such expenditure is ordered, the City Council shall review the emergency action at each regular meeting, to determine if there is a need to continue the action or if the Proclamation of Local Emergency may be terminated; and WHEREAS, the Novel Coronavirus (COVID-19) global pandemic constitute an emergency within the terms of Public Contract Code Sections 20168 and 22050 which requires that the City Manager be able to act quickly and without complying with the notice and bidding procedures of the Public Contract Code to safeguard life, health, or property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway hereby finds and declares: SECTION 1: An emergency continues to exist within the City as the result of the Novel Coronavirus (COVID-19) global pandemic; and 4of6 April 7, 2020, Item #12Resolution No. 20-Page 2 (a) The continuing threat of the Novel Coronavirus (COVID-19) global pandemic requires that the City be able to expend public money in order to safeguard life, health, or property; (b) The City Manager, as the City's Personnel Officer, is authorized to take actions necessary to alter employee leave policies and ensure a safe and healthy workforce; (c) The City Manager is authorized to safeguard life, health, or property without complying with notice or bidding procedures; and (d) Once such expenditure is made, the City Manager shall report the conditions to the City Council at each regular meeting, at which time the City Council shall either continue the emergency action or declare the emergency ended. SECTION 2: This Proclamation of Local Emergency and all subsequent resolutions in connection herewith shall require a four-fifths (4/5) vote of the City Council. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of April, 2020 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Faviola Medina, CMC, City Clerk 5 of6 April 7, 2020, Item #12ATTACHMENT BPROCLAMATION OF LOCAL EMERGENCY WHEREAS, section 2.12.060 of the Poway Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the City Manager, as Director of Emergency Services of the City of Poway, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Poway, caused by the Novel Coronavirus (COVID-19) commencing on January 24, 2020; WHEREAS, that the City Council of the City of Poway is not in session and cannot immediately be called into session; and WHEREAS, this Proclamation of Local Emergency will be ratified by the City Council within seven days of being issued. NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Director of Emergency Services for the City of Poway, that a local emergency now exists throughout the City and that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, ordinances, and resolutions of this City, and by the City of Poway Emergency Plan; and IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this Proclamation of Local Emergency be forwarded to the State Director of the Governor's Office of Emergency Services with a request that; 1. The State Director find the Proclamation of Local Emergency acceptable in accordance with provisions of the Natural Disaster Assistance Act; and 2. The State Director forward this Proclamation, and request for a State Proclamation and Presidential Declaration of Emergency, to the Governor of California for consideration and action. PASSED AND ADOPTED by the Director of Emergency Services for the City of Poway this 13th day of March 2020. Chr~ Director of Emergency Services 6of6