10-03-2017 Agenda PacketZ Z7-N) v—
SINCE 1980
CITY COUNCIL REGULAR MEETING
AGENDA
October 3, 2017 — 7:00 P.M.
City Council Chambers
13325 Civic Center Drive, Poway, CA 92064
THE CITY COUNCIL ALSO SITS AS THE CITY OF POWAY PLANNING COMMISSION, POWAY HOUSING AUTHORITY,
PUBLIC FINANCING AUTHORITY AND SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY
CALL TO ORDER
ROLL CALL Cunningham, Grosch, Mullin, Leonard, Vaus
PLEDGE OF ALLEGIANCE
Recognizing Mesa View Baptist Church 25th Anniversary
PUBLIC ORAL COMMUNICATIONS
Persons speaking during Public Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the agenda.
State law generally prohibits the Council from taking action on any issue not included on
the agenda. Your concerns will be referred to staff. Comments are limited to three (3)
minutes.
NOTE: The agenda is posted and provided 7 days prior to the City Council meeting. By State law,
items can be added up to 72 hours prior to the meeting. Items with a "#" symbol are in
preparation. If items are added after original agenda is posted, new items will be listed on an
Amended Agenda posted the Friday prior to the meeting.
For your convenience, a complete Agenda Packet is available for
public review at City Hall and on the City's website at www.poway.org.
Page 1
City of Poway — City Council Agenda — October 3, 2017
1. CONSENT CALENDAR (Approved By Roll Call Vote)
The Consent Calendar may be enacted in one motion by the Council without discussion
unless a Councilmember, a member of the public, or City staff requests that an item be
removed for discussion.
1. 1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on
Agenda
1.2 Ratification/Approval of Warrant Registers for the periods of August 28 through
September 1, 2017 and September 4 through September 8, 2017
1.3 Approval of the September 5, 2017 Regular City Council Meeting Minutes
1.4 Adoption of the 2018 Calendar of City Council Meetings
1.5 Acceptance of General Maintenance and Repair — Wood, Bid No. 17-014
1.6 Authorization to Purchase Two Trucks using the California Multiple Award
Schedules and One Cab/Chassis and Utility Body from Bob Stall Chevrolet
1.7 Authorization to Purchase a Vacuum/Jet-Rod Stormwater/Sewer Pipe Cleaning and
Excavation Truck for Stormwater, Wastewater and Water Divisions by Cooperative
Purchase Agreement
1.8 Authorization to Purchase Two Backhoes by Cooperative Purchase Agreement
1.9 Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm
Event Made Under Authority of Resolution No. 17-004 Adopted on January 24, 2017
1.10 Resolution Terminating the Bid Process for the Council Chambers AV Renovation
Project, Bid No. 18-003, and Authorizing Open Market Purchasing or Competitive
Negotiations
2. ORDINANCE
2.1 Second Reading and Adoption of Ordinance No.809 entitled, "An Ordinance of the
City Council of the City of Poway, California Establishing and Implementing By -
District Elections and Amending Chapter 2.04 of the Poway Municipal Code to
Provide for City Council Elections by Districts"
City Manager's Recommendation: It is recommended that the City Council adopt
Ordinance No. 809.
Page 2
City of Poway — City Council Agenda — October 3, 2017
2.2 Second Reading and Adoption of Ordinance No.810 entitled, "An Ordinance of the
City of Poway, California, Repealing Section 3.28.080 of the Poway Municipal Code
and Adding a New Section 3.28.080 Pertaining to Purchasing"
City Manager's Recommendation: It is recommended that the City Council adopt
Ordinance No. 810.
2.3 Second Reading and Adoption of Ordinance No. 811 entitled, "An Ordinance of the
City of Poway, California, Amending the Poway Municipal Code References of
Administrative Services to Finance Department, Director of Finance, or Director of
Human Resources & Risk Management"
City Manager's Recommendation: It is recommended that the City Council adopt
Ordinance No. 811.
3. PUBLIC HEARING
3.1 Conditional Use Permit 17-001/Development Review 17-001 Poway Hilltop
Preschool: A proposal to increase the maximum number of children allowed at an
existing preschool/elementary school on the Ner Tamid Synagogue property from
85 to 153 students and add two additional modular classroom buildings
City Manager's Recommendation: It is recommended that the City Council take
public input, close the public hearing and adopt a Resolution entitled "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use
Permit 17-001 and Development Review 17-001, Assessor's Parcel Number 314-
370-39."
3.2 Conditional Use Permit 17-014: A proposal to establish outdoor storage at 13610
Stowe Drive
City Manager's Recommendation: It is recommended that the City Council take
public input; close the public hearing and adopt a Resolution entitled "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use Permit
17-014, Assessor's Parcel Number 317-280-68."
4. STAFF REPORT
4.1 Pre -Development Conference (PDC) 17-003: A Request to Consider a Rezone from
Commercial Neighborhood (CN) Zone to Commercial General (CG) Zone at 14251
Garden Rd.
City Manager's Recommendation: It is recommended that the City Council
provide input and direction regarding the request.
5. WORKSHOP
None
Page 3
City of Poway — City Council Agenda — October 3, 2017
6. MAYOR AND CITY COUNCIL -INITIATED ITEMS
JIM CUNNINGHAM
6.1 MTS Update
6.2 Hike, Bike & Ride
DAVE GROSCH
JOHN MULLIN
BARRYLEONARD
STEVE VAUS
7. CITY MANAGER ITEMS
8. CITY ATTORNEY ITEMS
ADJOURNMENT
The Poway City Council welcomes you and encourages your continued
interest and involvement in the City's decision-making process.
The City of Poway complies with the Americans with Disabilities Act. Upon request this
agenda will be made available in appropriate alternative formats to persons with disabilities
as required by section 202 of the American with Disabilities Act of 1990. 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 at 858-668-4530 at least
24 hours before the meeting, if possible.
State of California )
ss. AFFIDAVIT OF POSTING
County of San Diego )
1, Nancy Neufeld, 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 September 26, 2017, at 3:30 p. m. Said meeting to be held at 7:00 p.m., October 3,
2017, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said
notice was posted on the Bulletin Board at the entrance to City Hall.
oz.rr ,/,
lVanc^&bfiel0l, CMC, City Clerk
Page 4
Item 1 . 1
Approval of Reading by Title Only and
Waiver of Reading in Full of Ordinances
on Agenda.
DATE:
Ilii
City of Poway
COUNCIL AGENDA REPORT
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
358,646.13
DENIED
REMOVED
CONTINUED
Resolution No.
00904386
Honorable Mayor and Members of the City Council
FROM: Donna Goldsmith, Finance Director IiR>r
CONTACT: Andrew White, Finance Managerot,_"'
858-668-4426 or awhite@poway.org
SUBJECT: Ratification of Warrant Registers for the Periods of
August 28 through September 1, 2017 and September 4
through September 8, 2017
Summary:
The attached warrant register reports for the periods of August 28 through September 1,
2017 and September 4 through September 8, 2017, are submitted to the City Council for
ratification/approval.
Recommended Action:
It is recommended that the City Council ratify/approve the attached warrant registers.
Discussion:
Weekly registers of audited demands are periodically submitted to the City Council by the
Finance Director for ratification/approval.
Date Amount
August 28 through September 1 $1,487,639.65
Warrants for amounts in excess of $100,000 for this period include
Warrant Check Number Amount
Fiscal Year 2016-17 Street Overlay -Phase 2 00298176 358,646.13
Community Park & Starridge Park Playground 00298213 104,999.23
Renovations
Payroll 9-1-17 00904386 502,316.14
1 of 19 October 3, 2017 Item # 1.2
Ratification of Warrant Registers
October 3, 2017
Page 2
Date Amount
September 4 through September 8 $2,181,902.01
Warrants for amounts in excess of $100,000 for this period include
Warrant Check Number
September 2017 Medical Insurance Premiums 00298255
July 2017 Water Purchases 00298302
Payroll 9-1-17, Withholding 00904395
Payroll 8-18-17, Retirement 00904401
Environmental Review:
This item is not subject to CEQA review.
Fiscal Impact:
Amount
189,602.30
1,248,730.41
100,243.37
117,375.79
The total amount of warrants for the period of August 28 through September 1, 2017, is
1,487,639.65.
The total amount of warrants for the period of September 4 through September 8, 2017,
is $2,181,902.01.
Public Notification:
None
Attachments:
A. Warrant Register for the period of August 28 through September 1, 2017
B. Warrant Register for the period of September 4 through September 8, 2017
Reviewed/Approved By: Reviewed By: Approved By:
IY
Wendy Userman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
2 of 19 October 3, 2017 Item # 1.2
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Item
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Item
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DATE:
TO:
FROM:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Nancy Neufeld, City Clerk A*1
858) 668-4535 or nneufeld(cD-poway.org
Approval of Minutes
The City Council Meeting Minutes submitted hereto for approval are:
September 5, 2017 Regular City Council Meeting Minutes
The Poway City Council sits as the Poway Planning Commission, the Poway Housing
Authority, the Public Financing Authority, and the Successor Agency to the Poway
Redevelopment Agency.
Recommended Action:
It is recommended that the City Council approve the Minutes as submitted.
Public Notification:
None.
Attachments:
A. September 5, 2017 Regular City Council Meeting Minutes
Reviewed/Approved By:
Wen Kaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By:
Tina M. White
City Manager
1 of 6 October 3, 2017 Item # 1.3
NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting.
CITY OF POWAY
CITY COUNCIL REGULAR MEETING
MINUTES
September 5, 2017
City Council Chambers
13325 Civic Center Drive, Poway, California
Per Government Code 54953)
Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing
Authority and Successor Agency to the Poway Redevelopment Agency)
CALL TO ORDER
Mayor Vaus called the Regular Meeting to order at 7:00 p.m.
ROLL CALL Cunningham, Grosch, Mullin, Leonard, Vaus
STAFF MEMBERS PRESENT
City Manager Tina White; Assistant City Manager Wendy Kaserman; City Attorney Morgan L.
Foley; City Clerk Nancy Neufeld; Community Services Director Robin Bettin; Development
Services Director Bob Manis; Acting Finance Director Peter Moote; Human Resources/Risk
Management Director Jodene Dunphy; Public Works Director Michael Obermiller; Fire Chief Mark
Sanchez; Captain Todd Richardson, Sheriff's Department.
Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City
Manager, City Attorney, City Clerk and Director of Administrative Services shall be used to
indicate Mayor/Chair, Deputy Mayor/Vice Chair, Councilmember/Director, City
Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City
Attorney/Counsel, City Clerk/Secretary and Director of Finance/ Finance Officer.)
PLEDGE OF ALLEGIANCE
Deputy Mayor Leonard led the pledge of allegiance.
PRESENTATION
PUBLIC ORAL COMMUNICATIONS
Terri Sorenson spoke regarding upcoming events for Poway Days. She also pointed out the need
for emergency preparedness for all households in light of recent storm activity in some parts of
the country.
Fred Dangel spoke regarding curb, sidewalk and gutter maintenance on Roca Grande Road.
1. CONSENT CALENDAR (Approved By Roll Call Vote)
Councilmember Cunningham requested to speak on Consent Calendar Item 1.6.
2 of 6 October 3, 2017 Item # 1.3
City of Poway — Minutes — September 5, 2017
Motioned by Councilmember Cunningham, seconded by Deputy Mayor Leonard to
approve Consent Calendar Items 1. 1 through 1.9. Motion carried by the following roll -call
vote:
Ayes: Cunningham, Grosch, Mullin, Leonard, Vaus
Noes: None
Absent: None
1. 1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda
1.2 Ratification/Approval of Warrant Registers for the periods of July 24 through July 28, 2017,
July 31 through August 4 and August 7 through August 11, 2017
1.3 Approval of the August 1, 2017 Regular City Council Meeting Minutes; the August 2, 2017
Special City Council Meeting Minutes; and the August 8, 2017 Special City Council Meeting
Minutes
1.4 Award of Contract to AMP United, LLC for the Alta Mira Reservoir Rehabilitation Project;
Bid No. 17-027
1.5 Adoption of Resolution No. 17-058 entitled "A Resolution of the City Council of the City of
Poway, California, Ordering the Summary Vacation of a Portion of a Drainage Easement
Vacation No. 17-001)."
1.6 Adoption of Resolution No. 17-059 entitled "A Resolution of the City Council of the City of
Poway, California, Approving the Purchase of a Tax -Defaulted Property (Assessor's Parcel
Number 321-250-11`-00)."
Councilmember'Cunningham expressed his support for acquiring open space in the City
and thanked staff for bringing this item forward.
1.7 Time Extension of the Agreement with MIG, Inc., for Consulting Services for the Poway
Road Corridor Study project.
1.8 'Appropriation of Funds for As -needed Occupant Public Noticing
1.9 Report of Emergency Repair Expenditures Pertaining to the 2017 Winter Storm Event Made
Under Authority of Resolution No. 17-004 Adopted on January 24, 2017
2. ORDINANCE
None.
3. PUBLIC HEARING
3.1 A Resolution Adopting the 2nd Amendment to the 2016 Regional Transportation
Improvement Program of Projects
City Engineer Steve Crosby presented the report and discussed the required adjustment for
fiscal years 2017/2018 through 2020/2021 to align with recent revised revenue estimates
received from SANDAG for the 2016 programming.
3 of 6 October 3, 2017 Item # 1.3
City of Poway — Minutes — September 5, 2017
No Speakers.
Motioned by Deputy Mayor Leonard, seconded by Councilmember Mullin to close the
public hearing and adopt Resolution No. 17-060 entitled, "A Resolution of the City
Council of the City of Poway, California, Adopting/Approving an Amendment to the
Transnet Local Street Improvement Program of Projects for Fiscal Years 2017
Through 2021." Motion carried unanimously.
3.2 Resolution of Necessity Approving Acquisition of Easements by Eminent Domain for the
Espola Road Safety Improvements Project
Senior Civil Engineer Taryn Kjolsing presented the
presentation. Ms. Kjolsing stated that since the August
City has received signed easement documents for one a
to fourteen properties with signed easements. Just toda
for one of the two remaining properties. It will be nece
resolution in order for the recording of the easeme
complexities with the property ownership.
would"be'to prepare and file a complaint
pre the project remains as close to the
City Attorney Morgan Foley explained the next i
to commence the eminent domain process to
current schedule as possible.
No Speakers.
Council discussion ensued
zI
In response to Council quest
been addressed which are:
with the greato$public good
project; and appresals have
value.
eport-along with a PowerPoint
5, 2617 City Council meeting, the
9iti8irfalproperty, bringing the total
staff received a signed easement
ary to include the property in the
to be confirmed due to some
an, City Attorney Foley stated that the required findings have
public interest and necessity require the project; compatible
and least private injury; the easements are necessary for the
een prepared in accordance with law to establish fair market
9 d by C,P ncilm fiber Cunningham, seconded by Councilmember Mullin to
e the publi& annd'4/nd adopt Resolution No. 17-061 entitled, "A Resolution of
City Council r'f",the City of Poway, California, Finding and Determining the
gsity that Cert i n Easements be Acquired by the City Under Eminent Domain
dings Assessbf's Parcel Numbers 321-011-10 and 321- 011-25." Motion carried
unan
3.3 An Ordinanceyofthe City of Poway, California, Amending Title 9 and 17 of the Poway
Municipal Codk_6hibiting the Establishment of Marijuana Dispensaries, Cooperatives,
and Collectives, and Prohibiting Marijuana Cultivation, Delivery, Manufacturing and Storage
in All Zones within the City of Poway
City Planner Joseph Lim presented the report and stated that the proposed ordinance would
permanently put into place prohibitions set to expire in October 2017. The new ordinance
prohibits dispensaries, collectives, cooperatives, delivery, manufacturing and storage. In
addition, outdoor marijuana cultivation, whether for medical use or otherwise, would be
prohibited in all zones within the City. Mr. Lim stated that restrictions for areas where
marijuana could be used would be the same as current smoking regulations and would be
consistent with State law.
4 of 6 October 3, 2017 Item # 1.3
City of Poway — Minutes — September 5, 2017
The following speakers addressed the Council:
Speakers in Support Joe St. Lucas, Carol Green, Kathleen Lippitt and Rebecca Hernandez
Neutral Speaker: Nancy Jalaty and Ted Matthies
Council discussion ensued.
In response to Council questions, Mr. Lim explained that the proposed ordinance does not
define the specific number of plants but refers to State law and would not require
amendments if State law changed.
As requested by the Mayor, City Clerk Neufeld titled the
Motioned by Mayor Vaus, seconded by Councilmember Mullin to introduce Ordinance
No. 808 entitled, "An Ordinance of the City of Poway, Cal ifornia,i lnending Title 9 and
17 of the Poway Municipal Code, Prohibiting the Establishment of Marijuana
Dispensaries Cooperatives, and Collect/y s and Prohibiting Marijuana Cultivation,
Delivery, Manufacturing and Storage in AJ' Zones within the City of Poway." Motion
carried by the following roll -call vote:
Ayes:
Noes:
Absent:
4. STAFF REPORT
None.
5. WORKSHOP
None.
21
6. MAYOR AND CITY COUNC
The Mayor and Council mad
City. No action was taken.
6.1 MTS Update
No report.
6.2 Hike. Bike and Ride
Cunningham, Grosch, Mulliti,Leonard, Vaus
None
None
and reported on various events taking place in the
Councilmember Cunningham reminded the public to be aware of heat advisories when
hiking or biking.
6.3 Zoning Designation for Single Family Attached Homes
Councilmember Grosch spoke regarding homes in the Midland Road area that are zoned
as Residential Condominiums, but are actually Single Family Attached homes. The
residents have had issues refinancing their homes due to the zoning which does not
5 of 6 October 3, 2017 Item # 1.3
City of Poway — Minutes — September 5, 2017
accurately reflect the properties in the Midland Grove subdivision. He suggested that the
zoning be changed.
The following speaker addressed the Council:
Speaker in support: Pete Saxon. Mr. Saxon submitted a petition from Midland Grove area
homeowners requesting an amendment to the Residential Condominium zoning designation
for their properties.
Council discussion included potential costs involved in a zone
current projects assigned to staff and prioritization of additional,
a resolution for the homeowners. , d%
While there was Council concurrence on support for the,pdnU
designation recognizing two individually owned homes on one
bring back information regarding the costs and process asst
amendment to create a new zoning designation. Council will e
to directing staff to move forward with initiating the change.
7. CITY MANAGER ITEMS
None.
8. CITY ATTORNEY ITEMS
None.
ADJOURNMENT
The meeting was adjourned at 8:09 p.m.
concern regarding
and a desire to find
creating a new zoning
ouncil directed staff to
i with a General Plan
ei6is information prior
Nancy Neufeld, CMC
City Clerk
City of Poway, California
6 of 6 October 3, 2017 Item # 1.3
G`,t.l
OF POIYr9Y
s a
C l !N
THEe
COJ
DATE:
TO:
FROM:
SUBJECT:
City of Poway
COUNCIL AGENDA REPORT
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Resolution No.
Honorable Mayor and Members of the City Council
Nancy Neufeld, City ClerkAW
858) 668-4535 or nneufeldppoway.org
Adoption of the 2018 Calendar of City Council Meetings
Summary:
City Council to consider and adopt a meeting calendar for 2018.
Recommended Action:
It is recommended that the City Council adopt the Calendar as submitted.
Discussion:
Since 1994, the City Council has adopted a calendar for the upcoming year stating which Tuesday
meetings would be cancelled, agreeing that any additional meetings could only be cancelled by prior action
of the City Council.
Although Section 2.18.040 of the Poway Municipal Code calls for Regular Meetings of the City Council to
be held the first and third Tuesday of each month, staff recommends that the 2018 Council Meeting
calendar be modified as follows:
Cancel the January 2, 2018 and January 16, 2018 meetings due to holidays immediately prior to the
meetings. Alternatively, staff recommends that meetings be held on the second and fourth Tuesdays
of the month; January 9, 2018 and January 23, 2018.
Cancel the July 3, 2018 regular meeting to allow a Council 'recess" around the Independence Day
holiday.
Cancel the November 6, 2018 regular meeting ( Election Day) and schedule for Wednesday,
November 7, 2018.
Additionally, staff expects that Special Meetings and Workshops may be added to the Council meeting
schedule during the year.
Public Notification:
The Agenda was posted in accordance with the Brown Act.
Attachment:
A. Proposed 2018 Calendar of City Council Meetings
Reviewed/Approved By: Reviewed By: Reviewed By:
Wend" I aserman Morgan Foley Tina White
Assistant City Manager City Attorney City Manager
1 of 2 October 3, 2017 Item #1.4
7
14
21
28
CITY COUNCIL MEETING
Attachment A
CITY OF POWAY
2018
W
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AUGUST SEPTEMBER
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HOLIDAY
2 of 2 October 3, 2017 Item #1.4
IIjR
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AUGUST SEPTEMBER
S M T W T F S S M T JW T
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HOLIDAY
2 of 2 October 3, 2017 Item #1.4
F) City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
y
FROM: Mike Obermiller, P.E., Director of Public Works (QVC/
mobermiller@poway.org
CONTACT: Eric Heidemann, Assistant Dir ctor of Public Works for
Maintenance Operations
eheidemann@poway.org
SUBJECT: Acceptance of General Maintenance and Repair - Wood,
Bid No. 17-014
Summary:
This project consisted of the replacement of two (2) porches, an archway and bridge
components in the Old Poway Park area, along with repairs to a restroom at Lake
Poway.
Recommended Action:
It is recommended that the City Council:
1. Accept the General Maintenance and Repair - Wood, Bid No. 17-014, as complete;
2. Authorize the City Clerk to file and record the Notice of Completion;
3. Authorize the release of the retention in the amount of $1,602.23, 45 days after
City Council acceptance;
4. Release the Philadelphia Indemnity Insurance Company Bond for Material and
Labor in the amount of $30,857.00; and
5. Retain the Philadelphia Indemnity Insurance Company Bond for Faithful
Performance for a period of one year.
Discussion:
On March 21, 2017, the City Council awarded the bid for General Maintenance and
Repair — Wood, Bid No. 17-014, to Urban Corps of San Diego County in the amount
of $30,856.55. One change order was approved for $1,188.00 for the addition of
structural beams under a portion of the Old Poway Park Bridge that required additional
structural support. A time extension was processed to adjust for a change in the start
and completion dates due to a delay of the delivery of the wood. The total cost for the
project is $32, 044.55.
1 of 2 October 3, 2017, Item #
Acceptance of General Maintenance and Repair - Wood
October 3, 2017
Page 2
Staff finds the project to be complete in accordance with the standards and specifications
of the contract.
Environmental Review:
This item is not subject to California Environmental Quality Act review.
Fiscal Impact:
Sufficient funds are available in the Fiscal Year 2017-18 Capital Facilities General
Maintenance Project, account 3501 F -1000P-4120, for the release of retention in the
amount of $1,602.23.
Public Notification:
A copy of this report was sent to Urban Corps of San Diego County.
Attachments:
None
Reviewed/Approved By: Reviewed By: Approved by:
Wendy I erman Morgan Foley
Assistant City Manager City Attorney
2of2
Tina White
City Manager
October 3, 2017, Item # 1.6
G OF GW'Y
w,
FC ry IN THE CJJ
DATE:
TO:
FROM:
City of Poway
COUNCIL AGENDA REPORT
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Michael Obermiller, P.E., Dir or of Public Works
mobermiller@poway.org
CONTACT: Eric Heidemann, Assistant DireCtpr of Public Works for
Maintenance Operations
eheidemann@poway.org
SUBJECT: Authorization to Purchase Two Trucks using the California
Multiple Award Schedules and One Cab/Chassis and Utility
Body from Bob Stall Chevrolet
Summary:
The City's Capital Replacement Program currently includes funding for the purchase of
three trucks. For optimal pricing, it is recommended that two of the trucks be purchased
through the California Department of General Services, Procurement Division (DGS -PD)
purchasing program, California Multiple Award Schedules (CMAS), with the lowest pricing
from Winner Chevrolet. The City used the three -quote process for the cab/chassis and
utility body for the third truck and received the lowest quote from Bob Stall Chevrolet, a
La Mesa, CA dealer.
Recommended Action:
It is recommended that the City Council authorize the purchase of two trucks from Winner
Chevrolet; authorize the purchase of the cab/chassis and utility body from Bob Stall
Chevrolet; for a total estimated cost of $106,080.00 and authorize the City Manager to
execute any necessary documents.
Discussion:
The City maintains over 125 street legal vehicles. Annually, several of these vehicles must
be replaced as they have met their useful life or have excessive mileage. The current
budget contains funding to replace three trucks.
In 2005, 2006, 2008 and 2011, the Public Works Department purchased all truck cab and
chassis from the State of California CMAS program and went to a formal bid for truck
1 of 4 October 3, 2017, Item # 1.6
Authorization to Purchase Two Trucks and One Cab/Chassis
October 3, 2017
Page 2
bodies. However, in 2008, the Council waived the formal bid process for truck bodies and
authorized open market purchase because the bid process was unsuccessful.
In 2014 and 2016, a total of nine cab and chassis, nine utility bodies and five vehicles
were put through the Public Works bid process in accordance with the City's Municipal
Code. Each time a bid for a vehicle or cab and chassis with utility bed was conducted,
the City did not receive any bids, including from Poway local dealers.
In order to follow established guidelines for purchasing, the City encourages bids from
our local dealers which includes a local vendor preference and optimum pricing through
the use of cooperative purchasing as outlined in the Poway Municipal Code 3.28.110.
Two of the three truck specifications were sent to Perry Ford and The Poway Auto Group.
No written quotes were received from the local Poway dealers, but a dealer in La Mesa
submitted written quotes. Unit 16A is a midsize truck (Chevy Colorado) which is not
available through Perry Ford or the Poway Auto Group, which sells Dodge/Jeep vehicles.
The California Department of General Services, Procurement Division (DGS -PD)
administers statewide commodity contracts for use by State departments and California
local governments. Statewide Commodity Contracts are a type of Leveraged
Procurement Agreement (LPA), used as one of the State's main procurement programs
for leveraging its buying power. The two lowest quotes were from vendors that participate
in this State bidding program. The State contracts have been awarded via a thorough
competitive solicitation program. Section 3.28.110 of the Poway Municipal Code permits
the use of cooperative purchasing programs for procurement of supplies, services and
equipment when the administering agency, in this case the State, has processed their bid
in a competitive manner.
The auotes are as follows*:
2 of 4 October 3, 2017, Item # 1.6
Winner Perry Poway
Bob Stall Quality Chevrolet/ Downtown Ford Auto
Chevrolet Chevrolet Lasher Ford Group
Unit 16A-
2017 or
2018, 2 WD Not Not
drive, 4- 27,112.47 26,880.43 26,711.41 No bid
available availabledoor, x -cab,
long box,
pickup truck
Unit 32A -
2017 or
2018,4x2,
crew cab, 45,191.91 48,762.30 48,059.92 53,176.74
3/4 ton No bid No bid
SRW, long
bed cab &
chassis
Unit 55A -
2017 or
2018, 2 WD, 35,833.05 36,487.42 34, 176.33 35,327.95 No bid No bid
4 -door
cku truck
2 of 4 October 3, 2017, Item # 1.6
Authorization to Purchase Two Trucks and One Cab/Chassis
October 3, 2017
Page 3
See Attachment "A" for a detailed breakdown of bids.
Environmental Review:
This action is not subject to California Environmental Quality Act review.
Fiscal Impact:
An additional appropriation of $2,080.00 is needed from the Equipment Replacement
Fund's Undesignated Fund Balance account 611-8912 to the Automobile & Trucks
account 611-0108-6104 so there are sufficient funds available to award the responsive
bids for the three units as identified in the report for a total expenditure of $106,079.65.
Public Notification:
A copy of this report was sent to Winner Chevrolet and Bob Stall Chevrolet.
Attachments:
A. Winner Chevrolet and Bob Stall Chevrolet quotes.
Reviewed/Approved By:
t
WendVKaserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By:
Tina M. White
City Manager
3 of 4 October 3, 2017, Item # 1.6
J
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4 of 4 October 3, 2017, Item # 1.6
F) City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Michael Obermiller, P.E., Director of Public Works
mobermiller@poway.org
CONTACT: Eric Heidemann, Assistant DirecArof Public Works for
Maintenance Operations
eheidemann@poway.org
SUBJECT: Authorization to Purchase a Vacuum/Jet-Rod
Stormwater/Sewer Pipe Cleaning and Excavation Truck
for Stormwater, Wastewater and Water Divisions by
Cooperative Purchase Agreement
Summary:
The City's approved Fiscal Year 2017-18 Capital Replacement Budget includes funding
to purchase a replacement vacuum/jet-rod maintenance truck. The City is a member of
several cooperative purchasing organizations, including the Houston -Galveston Area
Council (HGACBuy). For optimal pricing, it is recommended that the purchase of this
equipment be made through the HGACBuy Cooperative Purchasing Program. A truck
that meets the City's service requirements, specifications, and has been competitively bid
is available through Gap Vax Inc., a member of HGACBuy.
Recommended Action:
It is recommended that the City Council authorize the purchase of a Gap Vax Model
MC1012 Combination JetVac Body on a 2018 Western Star 4700SF Chassis from Gap
Vax, Inc., through the Houston -Galveston Area Council (HGACBuy) Cooperative
Purchasing Program, for a total estimated cost of $515,483.00 and authorize the City
Manager to execute any necessary documents.
Discussion:
The current eleven -year-old vacuum/jet-rod cleaning truck has exceeded its useful life
and is scheduled for replacement. Staff invited the three primary vacuum/jet-rod cleaning
truck manufacturers to our fleet facility to demo and thoroughly test their vehicles. After
1 of 4 October 3, 2017, Item # 1.1
Authorization to Purchase Vacuum Truck
October 3, 2017
Page 2
careful consideration, the Gap Vax model met or exceeded the department's
specifications and requirements in all regards.
The City has two vacuum/jet-rod cleaning trucks; one is primarily used in the Stormwater
Division and the other in the Wastewater Division. Staff will rotate the use of the vehicles
in the event one is down for repairs. The retired vehicle will be sent to auction out of state
when the new truck is received.
Three Public Works divisions use the vacuum/jet-rod cleaning truck for various
maintenance and emergency field operations. It is also used for hydro excavation to
safely expose underground utilities.
The Stormwater Division uses the truck for stormwater system maintenance including
removal of sediment and debris in 106 miles of stormwater pipes, 1,432 curb inlets and
44 box culverts. The Wastewater Division has an estimated 182 miles of sanitary sewer
collection pipelines in Poway and cleans approximately 30% of the system annually
utilizing the truck. The truck is also used to perform daily jet -rodding and cleaning of the
City's wastewater and stormwater systems ensuring free-flowing pipelines and
compliance with National Pollutant Discharge Elimination System mandates; and respond
to emergency situations such as stormwater pipe failures, sewer blockages, and water
distribution main breaks in order to protect public health and safety and ensure regulatory
compliance.
All agreements offered through Houston -Galveston Area Council (HGACBuy)
Cooperative Purchasing Program have been awarded via a thorough Request for Bid
RFB) competitive solicitation program by a public agency/government entity (e. g. state,
city, county, public university or school district). The program provides a streamlined and
effective procurement option by establishing agreements with manufacturers and
suppliers currently on an existing multiple award schedule with a competitive procurement
procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative
purchasing programs for procurement of supplies, services and equipment when the
administering agency has made their purchase in a competitive manner. The City solicited
and received a quote (Attachment "A") from Gap Vax, Inc., a member of HGACBuy, in
the amount of $515,483.00. The purchase price also includes an optional 5 -year
extended warranty on the engine and transmission.
Environmental Review:
This action is not subject to California Environmental Quality Act review.
Fiscal Impact:
An additional appropriation of $15,490.00 is needed from the Equipment Replacement
Fund's Undesignated Fund Balance account 611-8912 to the Automobile & Truck
2 of 4 October 3, 2017, Item # 1.1
Authorization to Purchase Vacuum Truck
October 3, 2017
Page 3
account 611-0108-6106 so there are sufficient funds available to purchase the
vacuum/jet-rod systems maintenance truck as described in the report for $515,483.00.
Public Notification:
A copy of this report was sent to Gap Vax, Inc.
Attachments:
A. HGACBuy Contract Pricing Worksheet
Reviewed/Approved By: Reviewed By: Approved By:
Wend Kaserman Morgan Foley Tina White
Assistant City Manager City Attorney City Manager
3 of 4 October 3, 2017, Item # 1.-1
j//1 weB_B CONTRACT PRICING WORKSHEETNGAV' For Catalog & Price Sheet Type Purchases
Contract
No.; I SCOL -15
Date
Prepared:
9/5/2017
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H -GAC Q 713-993-4548. Therefore please type or print legibly.
Buying City of PowayAgency:
Contractor•. OapVax, Inc.
contact'
Tony BowersPerson: Prrparea Betty SmithBy:
Phone: Phone: j814-535-6766
Fu: Fas: !:814-539-3617
r
Email: Emelt: betty@gapvax.com
Catalog! Price sheel 8006
Name:
General Description
ode! MC1012, ION) Callon Water 12Yd3 Debris Body,51nde Engine 17288 Rev 1
of ProductIF
i::::{.}:::?iii::.. ....... ..........I...... :::.iii...... I... . ......:{.ii}?::
1t NECH55a. Y::<:iiif<:ii:i::?i?i?>'>::::>:>Jiii::}: iil' :!:i;::>, i;:Cei6iog j;pj{ceiSry iX{ijjiM . $. af Up .ed:?iter ib:QA14W: Ai14Sh:Add!(lop t$.E.eat .......... rY.:.:::.::::.......:.:::.:...::::::::.:•:::....:......
Q........:...........P.._............................._.................................... Queen Description Unit Pr Total
1 IGapVm Model MC1012, 1000 Gallon Water 12 Yd3 Debris Body Single Engine with Options 327781 327781
1 12018 Westem Star 4700 SF 6X4450 HP Chassis with Primm Air Ride Suspension and warranties 143665 143665
I
e j r
12, v,_ x -r. .-.: •xaiYar mmx-v.a- A,.
1 to °
0
0
1 °
Total From Other Sheets, If Any:
Subtotal A]l 471446
oxopulilhheJ.Optldns+AecessoiyorStrvlce.ttams-TteinlzoBdaw.AtlachAdditiaoAl'SheeflJ:Nacessary,;;,
Note!lopdbllsbedikmsal68oy.......rK4Dof3ubhUtteclanipne5d3Q.taiia top'abidJ .
uan Description Unit Pr Total
0
1 I 0
0
1 i 0
Total From Other Sheets, If Any:
Subtotal B: 0
Cheek: Total cost of Unpublished Options (B) cannot exceed 25% of the total of !• For this transaction the percentage is:
the Base Unit Price plus Published Options (A+B).
C., Trade-lus1 Speglal Dig eooAts 10therA .1owancgs /.Freight /1inilWilittoa / Mlseepaneaus Charges
Delivery Charges 7500
Sales Tax at 7. 75% 36537
Subtotal C: 44037
Delivery Date.1 Tot ii paretiase $rise (A+$+C) . 515483'
4 of 4 ATTACHMENT A October 3, 2017, Item #
c Y
oe roWgr
9F C" i\THEjeC J
DATE:
TO:
FROM
City of Poway
COUNCIL AGENDA REPORT
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Michael Obermiller, P.E., Dirrtaf of Public Works
mobermiller@poway.org
CONTACT: Eric Heidemann, Assistant Director of Public Works for
Maintenance Operations
Keheidemann@poway.org C
SUBJECT: Authorization to Purchase Two Backhoes by
Cooperative Purchase Agreement
Summary:
The City's approved Fiscal Year 2017-18 Capital Replacement Budget includes funding
to replace two backhoes. The City is a member of several cooperative purchasing
organizations including National Joint Powers Alliance (NJPA). For optimal pricing, it is
recommended that the purchase of this equipment be made through the NJPA
Cooperative Purchase Program. Two backhoes that meet the City's service requirements
and specifications have been competitively bid through NJPA members Sonsray
Machinery LLC and Hawthorne Cat.
Recommended Action:
It is recommended that the City Council authorize the purchase of a Case Backhoe from
Sonsray Machinery LLC and a Caterpillar Backhoe from Hawthorne Cat through the
National Joint Powers Alliance Cooperative Purchasing Program, for a total estimated
cost of $211,590.67, and authorize the City Manager to execute any necessary
documents.
Discussion:
The backhoes are primarily used by the Stormwater and Wastewater divisions. They are
nineteen and twenty-two years old, respectively, and are scheduled to be replaced.
Backhoes are commonly used for maintenance, construction and repairs throughout the
City. These critical pieces of equipment are also necessary for responding quickly to
emergency roadwork, water main repairs, and replacing underground infrastructure.
The manufacturer, equipment specification and costs are listed in the table below:
1 of 8 October 3, 2017, Item # 11
Authorization to Purchase Two Backhoes
October 3, 2017
Page 2
Backhoes
2 WD, Tier 4 Engine,
Hawthorne Cat Model Extendable Boom, Enclosed
103,716.92
420F2 HRC Cab with Pilot Controls, 24"
Compaction Wheel
4 WD, Tier 4 Engine
Sonsray Machinery Case Extendable Boom, Enclosed 107,873.75
Cab w/ Pilot Controls
Total: 211,590.67
See quotes Attachment "A"
All agreements offered through the National Joint Powers Alliance, a Cooperative
Purchasing Program, have been awarded via a thorough Request for Proposal (RFP)
competitive solicitation program by a public agency/government entity (e.g. state, city,
county, public university or school district). The program provides a streamlined and
effective procurement option by establishing agreements with manufacturers and
suppliers currently on an existing multiple award schedule with a competitive procurement
procedure. Section 3.28.110 of the Poway Municipal Code permits the use of cooperative
purchasing programs for procurement of supplies, services and equipment when the
administering agency has made their purchase in a competitive manner.
Environmental Review:
This action is not subject to California Environmental Quality Act review.
Fiscal Impact:
An additional appropriation of $4,590.00 is needed from the Equipment Replacement
Fund's Undesignated Fund Balance account 611-8912 to the Construction Equipment
account 611-0108-6106 so there are sufficient funds available to purchase the two
backhoes as described in the report for $211,590.67.
Public Notification:
A copy of this report was sent to Sonsray Machinery LLC and Hawthorne Cat.
Attachments:
A. Hawthorne Cat contract pricing worksheet.
B. Sonsray Machinery LLC contract pricing worksheet.
Reviewed/Approved By: Reviewed By:
k4
Wend Kaserman
Assistant City Manager
2of8
Morgan Foley
City Attorney
Approved By:
Tina White
City Manager
October 3, 2017, Item #
HAWTHORNE
August 24, 2017
CITY OF POWAY
14415 LAKE POWAY
POWAY,
California
92074.0789
Attention: TONY BOWERS
RE: Quote 134871.02
Dear Sir, We would like to thank you for your Interest in our company and our products, and are pleased to quote the following for
your consideration.
One (1) New CATERPILLAR Model: 420F2 HRC Backhoe with all standard equipment in addition to the additional specifications
listed below:
Machinery I Corp. Office
16945 Camino San
Bernardo
San Diego, CA 92127
858)674-70001 (800)
437-4228
Power Systems
16945 Camino San Bernardo
Bldg. D
San Diego, CA 92127
858) 376-6800 1 (800) 872-
4228
Rent -it Service
1620 Mission Rd.
Escondidio, CA 92029
760) 740-2900 1 (800)
750-4228
Rent -It Service
12329 Mapleview St.
Lakeside, CA 92040
619) 561-87001(800)
750-4228
Rent -it Service
680 Moss St.
Chula Vista, CA 91911
619) 336-2500 1 (800)
750.4226
3 of 8 ATTACHMENT A October 3, 2017, Item #
Fu naleo eenok
PmeM1e Pueede—MxPlnery Sete
Gganiedfiee
Pewee Byeleme
4beae-Pemele
Klwle Y,w Peohle
Dear Sir, We would like to thank you for your Interest in our company and our products, and are pleased to quote the following for
your consideration.
One (1) New CATERPILLAR Model: 420F2 HRC Backhoe with all standard equipment in addition to the additional specifications
listed below:
Machinery I Corp. Office
16945 Camino San
Bernardo
San Diego, CA 92127
858)674-70001 (800)
437-4228
Power Systems
16945 Camino San Bernardo
Bldg. D
San Diego, CA 92127
858) 376-6800 1 (800) 872-
4228
Rent -it Service
1620 Mission Rd.
Escondidio, CA 92029
760) 740-2900 1 (800)
750-4228
Rent -It Service
12329 Mapleview St.
Lakeside, CA 92040
619) 561-87001(800)
750-4228
Rent -it Service
680 Moss St.
Chula Vista, CA 91911
619) 336-2500 1 (800)
750.4226
3 of 8 ATTACHMENT A October 3, 2017, Item #
134871-02
STOCK NUMBER: TBD SERIAL NUMBER: TBD YEAR: NEW
One (1) New CATERPILLAR Model: 420F2 HRC Backhoe with all standard equipment in addition to the additional
specifications listed below:
STANDARD EQUIPMENT
CONSIST NOTE - THIS LISTING IS A GENERAL DESCRIPTION - OF A 420F2 BACKHOE LOADER EQUIPPED WITH - THE
LOWEST CHARGE ITEMS. -
BOOMS, STICKS, AND LINKAGES -14'4" Center pivot excavator style - backhoe - Pilot operated joystick hydraulic - controls
with pattern changer valve - Pilot operated stabilizer controls - Boom transport lock - Swing transport lock - Street pads stabilizer
shoes - Anti -drift hydraulics - (Boom, Stick and E -Stick) - Cat Cushion Swing(tm) system - Bucket level indicator - Lift cylinder brace
Relurn-to-dig (auto bucket positioner) - Self -leveling loader with single lever - control - Transmission neutralizer switch - Single Tilt
Loader
POWERTRAIN - Cat C4.4, 74.5KW (Net 92HP / 69kM - Direct Injection Turbo Charged Engine, - with ACERT technology. - US
EPA Tier4 Final Emissions Compliant - with Selective Catalytic Reduction(SCR) - Water separator with service indicator - Thermal
starting aid system - Eco mode - A dry -type axial seal air cleaner with - integral precleaner, automatic dust - ejection system & filter
condition - indicator - Hydraulically boosted mufti -plate wet - disk brake with dual pedals & interlock - Differential lock - Drive -line
parking brake - High Ambient Cooling Package - Torque converter - Transmission --four speed synchro mesh - with power shuttle &
neutral safety - switch - Spin -on fuel, engine oil & transmission - oil filters - Outboard planetary rear axles - Open Circuit Breather -
HYDRAULICS - Load sensing, variable flow system - with 43 gpm axial piston pump - 6 micron hydraulic filter - 0 -ring face seal
hydraulic Wings - Caterpillar XT -3 hose - Hydraulic oil cooler - Pilot control shutoff switch - PPPC, Flow -sharing hydraulic valves -
Hydraulic suction strainer -
ELECTRICAL - 12 volt electrical start -150 ampere alternator - Horn and Backup Alarm - Hazard flashers/tum signals - Halogen
head lights (4) - Halogen rear flood lights (4) - Stop and tail lights - Audible system fault alarm - Key start/stop system - 880 CCA
maintenance free battery - Battery disconnect switch - External/internal power receptacles(12v) - Diagnostic ports for engine and
machine- Electronic Control Modules -Remote jump start connector -
OPERATOR ENVIRONMENT - Lighted gauge group - Interior rearview, mirror - ROPS canopy, Rear Fenders - 2 -inch retractable
seat belt - Tilt steering column - Steering knob - Hand and foot throttle - Automatic Engine Speed Control - One Touch Low Idle -
Floor mat and Coat Strap - Lockable storage area - Air suspension seat
OTHER STANDARD EQUIPMENT - Hydrostatic power steering - Standard Storage Box - Transport tie -downs - Ground line fill fuel
tank with 44 - gallon capacity - Ground line fill diesel exhaust fluid - tank with 5 gallon capacity - Rubber impact strips on radiator
guards - Bumper- CD-ROM Parts Manual - Backhoe Safety Manual - Operations and Maintenance Manual - Lockable hood - Tire
Valve Stem Protection - Long Life Coolant -30C (-20F) - Padlocks (2 on ST, 3 on IT)
Page 2 of 5
4 of 8 October 3, 2017, Item #16":10
134871-02
MACHINE SPECIFICATIONS NJPA $
420F2 BHL ST, TIER 4, HRC 87,070.00 66,173.00
LANE 2 -AVAILABLE FROM LEICESTER FACTORY
LANE 3 - AVAILABLE FROM LEICESTER FACTORY
ONLY FOR USE WITH: AM -N and PUERTO RICO
LANE 3 ORDER
STICK, EXTENDABLE, 14FT 4,780.00 3,632.00
PT, 4WD, AUTOSHIFT 13,210.00 10,039.00
ENGINE, 74.5KW,C4.4 ACERT, T4F 7,000.00 5,320.00
HYDRAULICS, MP, 6FCN/8BNK, ST 2,590.00 1,968.00
PRODUCT LINK, SATELLITE,PL631E
CAB, DELUXE 8,320.00 6,323.00
WORKLIGHTS (8) HALOGEN LAMPS
SEAT, DELUXE FABRIC 915.00 695.00
SEAT BELT, 3" SUSPENSION 108.00 82.00
AIR CONDITIONER, T4 2,365.00 1,797.00
TIRES,340 BOR18/500/70-24 MI 1,875.00 1,425.00
COUNTERWEIGHT, 1015 LBS 1,750.00 1,330.00
STABILIZER PADS, FLIP -OVER 332.00 252.00
BUCKET -MP, 1.4 CYD 7,278.00 5,531.00
CUTTING EDGE, TWO PIECE,WIDE 329.00 259.00
INSTRUCTIONS, ANSI
SERIALIZED TECHNICAL MEDIA KIT
RIDE CONTROL 1,475.00 1,121.00
LINES, COMBINED AUX, E -STICK 3,465.00 2,633.00
PLATE GROUP - BOOM WEAR 214.00 162.00
BUCKET -HD, 24", 6.2 CFT 1,683.00 1,279.00
COUPLER, PG, HYD, DUAL LOCK 3,967.00 3,014.00
BEACON, MAGNETIC MOUNT 229.00 174.00
LINES,HYD COUPLER 14FT E -STICK 2,324.00 1,766.00
Page 3 of 5
5 of 8 October 3, 2017, Item # k1
134871-02
LIST PRICE
NJPA DISCOUNT CONTRACT # 32515 @ 24% DISCOUNT ($
36,306.00)
TOTAL $
114,973.00
SELL PRICE
14,641.00)
CAT DISCOUNT
96,257.00
SALES TAX (7.75%)
100,332.00
TOTAL
103,716.92
LESS GROSS TRADE ALLOWANCE Case 5801- SIN JJG0222406
738.00
WELD D -RING ON FRONT BUCKET BY A CERTIFIED WELDER
90,716.92
3,970.00
24" COMPACTION WHEEL
105,040.00
TOTAL
2,315.00
PDI ,FREIGHT
107,355.00
TOTAL
HAW-THORNE DISCOUNT 11,097.00)
SELL PRICE 96,257.00
NET BALANCE DUE 96,257.00
SALES TAX (7.75%) 7,459.92
TOTAL AFTER TAX BALANCE 103,716.92
LESS GROSS TRADE ALLOWANCE Case 5801- SIN JJG0222406 13,000.00)
TOTAL AFTER TAX BALANCE 90,716.92
THIS QUOTE IS UNDER THE NJPA CONTRACT # 32515
Page 4 of 5
6 of 8 October 3, 2017, Item # 11
134871-02
WARRANTY
Standard Warranty:
F.0.81TERMS: San Diego County Jobsite
Accepted
12 MONTH/UNLIMITED HOURS, PREMIER
on
Signature
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time
we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me.
Yours Truly,
doe ftrujanceuicz
Joe Polujancewicz
Governmental Sales Representative
Hawthorne Cat
jpolujancewicz@hawthornecat.com
858-688-0116
Page 5 of 5
7 of 8 October 3, 2017, Item # 0
l•y QUOTATION
SONSRAY
NJPA PRICING- Contract#032515-CNN
MACHINERY
To: City of Poway - NJPA #803405
Address: 14467 Lake Poway
Poway, CA 92064
Attn: Eric Heldenann
From: Paul Lull, Sales Consultant, Sonsray Machinery
Data: August 24, 2017
r • ,
Sonsray Machlery
1475 Pioneer Way
EI Cajon, CA 92020
Store: 619- 873-0123
Cell: 858.864-2935
CITY CODE DESCRIPTION Case MSRP
RJPA Price(loss
49%)
1 580SN WT 4wd T4 Final Loader Backhoe "WIDE TRACK" 135,494.00 69,101.94
1 Performance Pilot Performance Pilot Pk 5,865.00 3,001. 35
1 423061 Power Shift"S"Type Trans
1 9200015 12.5/80x18 Front Tires
1 839564 21 Lx24 Rear Tires
1 423076 Extendahoe 7,166.00 3,655.68
1 423047 Heavy Duty Front Counterwe" hl for Extendahoe 487.00 246.37
1 423078 Pilot Controls w/Power Lift 2,746.00 1,400.46
1 423084 Combo DirectAv Plot Controls -Performance Pk-
1 442017 H d Pin Release Backhoe Bucket Coupler 3,191.00 1,627.41
1 423069 24" Universal Backhoe Bucket 1,445.00 736.95
1 442056 Flip Over Stabilizer Pads -Performance Pk.
1 742433 93"4inl Ldr Bucket w/Curtin Ede 7,483.00 3,816.33
1 747853 Cab w/ 2 Doors WAIC and Heater 11,032.00 5,626.32
1 442083 Dix Cab Pk isccs Fan -72 DBA 11510.00 770.10
1 423077 Radio AM/FM#AP3 268.00 136.66
1 747735 3" Seat Belt CA Law 86.00 43.86
1 747897 Dix Alr Susp Cloth Seat 487.00 248.37
1 745136 4wd Drive Shaft Guard
1 747874 Battery Disconnecr/Jump Stan 177.00 90.27
1 423092 Gripper Teeth Extn-Pedormance Pk-
1 745167 Locking DERFuel Cover 152.00 77. 52
1 423090 Auto Ride Control -Performance Pkg-
1 728758 Rotating Beacon 273.00 139.23
1 747875 Tool Box 198.00 100.98
1 745121 Case Site Watch Telematics
1 745131 3 Yr Advanced Tele Subscription
Mfg 1 yeartunlimited new machinewarranty plus 2nd year
on powernaln (see attached warranty form for details).
Case/EPA Engine EmisaIons Warranty 6 r/3 000 hours.
see attached 0 eralors Manual pages for details
Total MSRP List/NJPA Net 178,082.00 q2.876.00
Additional Items
PDI
Freight
Delive
Service Manual -CD- 1,095.00
Werk-Brau #3MNDCG60 -60" ditch bucket 2,694.00
SUBTOTAL
Document Fees
99,766.82
375.00
Sales Tax Amount Depends on Delivery City Sales Tax 7.75% 7,731.93
Sub Total 107,873.75
Less Trade -used Case 680SL backhoe wl 4wd unit #748 13 000.00
Serial Number: JJG0267679
TOTAL 1 94,873.75
8 of 8 ATTACHMENT B October 3, 2017, Item # L
iD City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Robert Manis, Director of Development Servicesm
858) 668-4601 or bmanis@poway.org
Donna Goldsmith, Director of Finance .
858) 668-4411 or dgoldsmith@poway.org
SUBJECT: Report of Emergency Repair Expenditures Pertaining to
the 2017 Winter Storm Event Made Under Authority of
Resolution No. 17-004 Adopted on January 24, 2017
Summary:
On January 24, 2017, the Poway City Council adopted Resolution No. 17-004, which
declared an emergency within the City of Poway, and suspended the notice and bidding
requirements in connection with emergency repairs due to the 2017 Winter Storm Event.
Significant winter storms occurred on January 20 and February 27. Upon adoption of the
resolution, the City Manager may expend any sum required during the emergency, and
report the same to the City Council in accordance with Public Contract Code Section
22050. As required, the City Council will review all emergency expenditures at every
regular meeting to determine if there is a need to continue the action, or if the declaration
of emergency may be terminated.
Recommended Action:
It is recommended that the City Council continue the authorization for the City Manager
to make necessary emergency repairs to protect the public health and welfare of the City.
Discussion:
All expenditures attributed to the 2017 Winter Storm Event exclude standard labor costs.
The expenditures include totals for both the January 20 and February 27 storms, unless
otherwise specified.
Current Expenditures
38,977 has been spent on the slope repair and stabilization at Lake Poway attributed to
the February 27 storm event, using the waiver of formal bid process.
Expenditures to Date
18,999 has been spent on miscellaneous items, including field supplies.
1 of 6 October 3, 2017 Item #1.9
Emergency Expenditures Update
October 3, 2017
Page 2
38,881 has been spent on overtime labor.
350 has been spent for equipment rental.
16,891 has been spent on facility repairs.
2,719 has been spent on water and sewer line repairs.
1,620 has been spent on street sweeping.
48,621 has been spent on tree removal.
195,845 has been spent on drainage structure repairs.
39,697 has been spent on repairs at Lake Poway.
1,200 has been spent on fencing.
2,046 has been spent on engineering consultation for Poway Grade.
Under the authorization of Resolution 17-004, $ 366,869 has been expended to date. The
next expenditures update is scheduled for the October 17, 2017, City Council Meeting.
Environmental Review:
This action is not subject to CEQA review.
Fiscal Impact:
The final cumulative fiscal impact is unknown at this time. Under the State Public Contract
Code, staff is required to report back to the City Council at every regular meeting on the
expenditures and to review the need to continue the emergency authorization.
Public Notification:
None.
Attachments:
A. Resolution No. 17-004
Reviewed/Approved By:
Ll-
WendyY<aserman
Assistant City Manager
Reviewed By:
Morgan Foley
City Attorney
Approved By:
Tina M. White
City Manager
2 of 6 October 3, 2017 Item #1.9
RESOLUTION NO. 17-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FINDING AND DECLARING THE
EXISTENCE OF AN EMERGENCY WITHIN THE CITY DUE
TO A WINTER STORM EVENT, AND SUSPENDING
NOTICE AND BIDDING REQUIREMENTS IN
CONNECTION WITH REPAIRS REQUIRED THEREBY
WHEREAS, the Winter Storm Event in the City of Poway, commencing on or
about January 20, 2017 that resulted in erosion, flooding, and damage to public roads,
drainage systems, and other public facilities within the City, created 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 January 20, 2017, 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 safety of persons and
property caused by the Winter Storm Event, attached hereto as Exhibit "A";
WHEREAS, the City Council is required by Government Code section 8630 and
PMC section 2.12.065 to ratify the existence of a local emergency within seven (7) days
of a Proclamation of Local Emergency by the City Manager;
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, such storm, wind, flood and erosion damage 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 repair and protect such
public facilities.
3 of 6 ATTACHMENT A October 3, 2017 Item #1.9
Resolution No. 17-004
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Poway hereby finds and declares:
1. An emergency exists within the City as the result of storm, wind, flood and
erosion damage to public facilities; and
a) The continuing threat of erosion and flooding requires that the City be able to
expend public money to repair and protect storm -damaged public facilities in
order to safeguard life, health, or property; and
b) The City Manager is authorized to order work for the temporary repair or
protection of public facilities damaged by flooding and wind or threatened by
erosion, if and to the extent necessary, to safeguard life, health, or property
without complying with notice or bidding procedures; and
c) 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 shall declare the emergency ended.
2. This Proclamation of Local Emergency and all subsequent resolutions in
connection herewith shall require a four-fifths (415) vote of the City Council.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of
Poway. California, at a regular meeting thereof, this 24th day of January 2017.
leve Vaus, Mayor
ATTEST:
za_4 A49
Nancy Neu Id, CMC, City Clerk
4 of 6 October 3, 2017 Item #1.9
Resolution No. 17-004
Page 3
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk, of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No.17-004 was duly adopted by
the City Council at a meeting of said City Council held on the 24th of January 2017, and
that it was so adopted by the following vote:
AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
7
NdncJ/N6JfeId, CMC, City Clerk,
City of Poway
5 of 6 October 3, 2017 Item #1.9
Exhibit A
PROCLAMATION 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; and
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 a winter storm event
commencing on or about 1:00 p.m. on the day of January 20, 2017; and
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; and
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 Slate Director find the Proclamation of Local Emergency acceptable in
accordance with provisions of the California Disaster Assistance Act; and that
2. The State Director forward this Proclamation, and request for a State
Proclamation 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 20th day of January, 2017.
January 20, 2017 at 1:00 a.m. J oDateandTime
Tina White
Director of Emergency Services
6 of 6 October 3, 2017 Item #1.9
F) City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Resolution No.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Donna Goldsmith, Director of Finance
CONTACT: Lawrence Brillon, IT Analyst
858) 668-4455 or Ibrillon(a poway.org
SUBJECT: Resolution Terminating the Bid Process for the Council
Chambers AV Renovation Project, Bid No. 18-003, and
Authorizing Open Market Purchasing or Competitive
Negotiations
Summary:
The bid opening for the Council Chambers AV Renovation Project was held on
September 13, 2017. No bids were received for the project. Per Poway Municipal Code
Section 3.28.070 (E) and Section 3.28.080 (G), in the event no bids are received the City
Council may direct staff to proceed with the project by open market purchasing or
competitive negotiations in accordance with California Public Contract Code Section
20166 and Section 20167.
Recommended Action:
It is recommended that the City Council adopt the attached Resolution terminating the bid
process for the Council Chambers AV Renovation Project, Bid No. 18-003; authorize staff
to proceed with open market purchasing or competitive negotiations to complete the
project; and authorize the City Manager to execute any necessary documents.
Discussion:
The Council Chambers AV Renovation Project encompasses a complete audio visual
system for the City of Poway Council Chambers including reconfiguring the existing AV
equipment racks and control room, installing a new video system, projector, screen, and
camera system, installing a new audio system, including microphones, voting equipment,
and installing a supplemental lighting system. The contract time for this project is 21
working days with an Engineer's estimate of $625,000. Upon award, project funding will
require an appropriation from the Public Educational Government (PEG) fund account,
which is restricted specifically for this type of project.
On August 17, 2017, the City of Poway advertised a Notice Inviting Bids for the project.
The bid opening was held September 13, 2017. No bids were received.
1 of 4 October 3, 2017 Item #1.10
Resolution Terminating Bid Process and Authorizing Open Market Purchasing
October 3, 2017
Page 2
Fiscal Impact:
None
Environmental Review:
This item is not subject to the California Environmental Quality Act (CEQA).
Public Notification:
None
Attachments:
A. Resolution Terminating the Bid Process for the Council Chambers AV
Renovation Project, Bid No. 18-003, and Directing Open Market
Purchasing or Competitive Negotiations
Reviewed/Approved By: Reviewed By: Approved By:
Jam,
Wendj Kaserman Morgan Foley
Assistant City Manager City Attorney
Tina M. White
City Manager
2 of 4 October 3, 2017 Item #1.10
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, TERMINATING THE BID
PROCESS FOR THE COUNCIL CHAMBERS AV
RENOVATION PROJECT, BID NO. 18-003, AND
DIRECTING OPEN MARKET PURCHASING OR
COMPETITIVE NEGOTIATIONS
WHEREAS, the City of Poway did duly advertise forbids for the Council Chambers
AV Renovation Project, Bid No. 18-003;
WHEREAS, the deadline to receive bids for the Council Chambers AV Renovation
Project was 4:00 p.m. on September 13, 2017;
WHEREAS, no bids were received by the City on or before the deadline;
WHEREAS, pursuant to Poway Municipal Code Section 3.28.070 (E) and Section
3.28.080 (G), in the event no bids are received the City Council may, in accordance with
Public Contract Code Section 20166 and 20167, waive formal bidding and direct the
Director of Finance or designee to proceed with the project through the open market
process or competitive negotiations; and
WHEREAS, the City Council believes it to be in the best interest of the City to
proceed with the project through the open market process or competitive negotiations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council hereby finds that after fully complying with the City's
purchasing ordinance, no responsive bids were received for the Council Chambers AV
Renovation Project.
Section 2: The City Council hereby terminates the bid process for the Council
Chambers AV Renovation Project, Bid No. 18-003, and directs the Director of Finance or
designee to proceed with the project through either open market process or competitive
negotiations.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 3rd day of October 2017.
Steve Vaus, Mayor
3 of 4 ATTACHMENT A October 3, 2017, Item #1.10
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under
penalty of perjury that the foregoing Resolution No. 17-*** was duly adopted by the City
Council at a meeting of said City Council held on the 3rd day of October 2017, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
4 of 4 October 3, 2017, Item #1.10
O c °r
rF .per.,
fey
City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Ordinance No.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Nancy Neufeld, City Clerk ._A1 W
858) 668-4535 or nneufeld@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No.809 entitled,
An Ordinance of the City Council of the City of Poway,
California Establishing and Implementing By -District Elections
and Amending Chapter 2.04 of the Poway Municipal Code to
Provide for City Council Elections by Districts"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a
Regular City Council Meeting on September 19, 2017. All Councilmembers were present.
There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: Cunningham, Grosch, Mullin, Leonard, Vaus
ABSTAINED: None
ABSENT: None
DISQUALIFIED: None
Recommended Action:
Adopt Ordinance No. 809
Fiscal Impact:
None.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
The Ordinance will be published in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway, within fifteen (15) days after its passage.
1 of 8 October 3, 2017, Item # 2.1
Attachment:
A. Ordinance No. 809
Reviieew e,•d'/-Approved By: Reviewed By: Approved By:
Wendy Kdserman Morgan Foley Tina White
Assistant City Manager City Attorney City Manager
2 of 8 October 3, 2017, Item # 2.1
ORDINANCE NO. 809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POWAY, CALIFORNIA ESTABLISHING AND
IMPLEMENTING BY -DISTRICT ELECTIONS AND
AMENDING CHAPTER 2.04 OF THE POWAY MUNICIPAL
CODE TO PROVIDE FOR CITY COUNCIL ELECTIONS
BY DISTRICTS
WHEREAS, the City of Poway supports the full participation of all citizens in
electing members of the City Council;
WHEREAS, the City of Poway currently elects its four (4) members of the City
Council using an at -large election system, with a separately elected mayor, where
candidates may reside in any part of the City and each member of the City Council is
elected by the voters of the entire City;
WHEREAS, California Government Code Section 34886, effective January 1,
2017, permits the City Council to change the City's method of election by ordinance to a
by -district" system in which each member of the City Council is elected only by the voters
in the district in which the candidate resides, and permits the mayor to continue to be
elected at -large, in accordance with California Government Code Section 34871,
subdivision (c);
WHEREAS, under the provisions of California Elections Code Section 10010, a
city that changes from an at -large city council method of election to a by -district city
council method of election requires a total of five public hearings, which includes at least
two public hearings regarding potential voting district boundaries prior to the release and
consideration of any draft voting district maps, and two public hearings following the
release of draft voting district map(s);
WHEREAS, at regular meeting of the City Council of the City of Poway held on the
18th day of July 2017, the City Council adopted Resolution No. 2017-046 that initiated
the process of establishing a by -district election system and adopted the schedule
therefore;
WHEREAS, thereafter, at a regular and special meeting of the City Council of the
City of Poway held on the 1st and 8th day of August 2017, respectively, pursuant to
California Elections Code Section 10010(a)(1), the City Council held public hearings
where the public was invited to provide input regarding the composition of the City's voting
districts before any draft maps were drawn, and the City Council of the City of Poway
considered and discussed the same;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 1st day of August 2017, the City Council adopted Resolution No. 2017-055 setting
forth the mandatory and permissive criteria to be considered when drawing voting district
maps;
WHEREAS, thereafter, at special meetings of the City Council of the City of Poway
held on the 18th and 31st day of August 2017, pursuant to California Elections Code
3 of 8 October 3, 2017, Item # 2.1
Section 10010(a)(2), the City Council held public hearings where the public was invited
to provide input regarding the content of the draft maps that had been released at least
seven (7) days before each meeting, as well as the proposed sequence of elections, and
the City Council of the City of Poway considered and discussed the same;
WHEREAS, at the special meeting of the City Council of the City of Poway held on
the 31st day of August 2017, the City Council directed staff to draft an ordinance adopting
the voting district map known as Map 133 and a sequence of elections whereby the
Council District 1 and 3 seats will be placed on the 2018 ballot, and the Council District 2
and 4 seats on the 2020 ballot;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 19th day of September 2017, the City Council held a final public hearing on the
proposal to establish district boundaries, reviewed additional public input, formally
selected the voting district map and the election sequence attached to, incorporated in,
and set forth in this Ordinance, which was introduced for a first reading at the same
regular meeting of the City Council of the City of Poway;
WHEREAS, at the regular meeting of the City Council of the City of Poway held on
the 3rd day of October 2017, the City Council of the City of Poway conducted a second
reading and adopted the Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California
Government Code Section 34886, an Ordinance providing for the election of members of
the City Council of the City of Poway by -district in four single -member districts as reflected
in Exhibit 1 to this Ordinance, with the Mayor elected at -large, in furtherance of the
purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with
Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of
Section 7 of Article 1 and of Section of Article II of the California Constitution.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Poway is hereby divided into four (4) Council districts and
the boundaries of the districts are more particularly depicted in Exhibit A, which is
attached hereto and incorporated by this reference.
SECTION 3. Chapter 2.04 of the Poway Municipal Code is hereby amended by
adding new Sections 2.04.060, 2.04.070, 2.04.080, and 2.04.090 to read as follows:
2.04.060 By -District Electoral System.
Pursuant to California Government Code Section 34886 and the schedule
established in Section 2.04.080 of this Chapter, beginning in November 2018,
members of the City Council shall be elected on a by -district basis from four (4)
single -member Council Districts. The Mayor shall be separately elected on a City-
wide basis. The City's by -district electoral system shall be conducted in
accordance with California Government Code Section 34871, subdivision (c).
4 of 8 October 3, 2017, Item # 2.1
2.04.070 Establishment of City Council Electoral Districts.
A. Pursuant to Section 2.04.060 of this Chapter, members of the City Council
shall be elected on a by -district basis, as that term is defined in California
Government Code Section 34871, subdivision (c), from the four Council Districts
as established and amended from time to time by ordinance, and numerically
designated as District 1, District 2, District 3, and District 4.
B. Members of the City Council, excluding the Mayor, shall be elected in the
electoral districts established by this Section and subsequently reapportioned
pursuant to applicable State and federal law.
C. Except as provided in subdivision D herein and notwithstanding any other
provision of this Chapter, once this Ordinance is fully phased in, the member of the
City Council elected or (in the event of a vacancy filled by the City Council)
appointed to represent a district must reside in that district and be a registered
voter in that district, and any candidate for City Council must live in, and be a
registered voter in, the district in which he or she seeks election at the time
nomination papers are issued, pursuant to California Government Code Section
34882 and Elections Code Section 10227. Termination of residency in a district by
a member of the City Council shall create an immediate vacancy for that Council
district unless a substitute residence within the district is established within thirty
30) days after the termination of residency.
D. Notwithstanding any other provision of this Section, and consistent with the
requirements of California Government Code Section 36512, the members of the
City Council in office at the time the Ordinance codified in this Chapter takes effect
shall continue in office until the expiration of the full term to which he or she was
elected and until his or her successor is qualified. At the end of the term of each
member of the City Council, excluding the separate office of Mayor, that member
of the City Council's successor shall be elected on a by -district basis in the districts
established in this Section and as provided in Section 2.04.080 of this Chapter.
E. Nothing in this Section shall affect the election of the Mayor, who shall
remain elected on a City-wide basis, in accordance with Government Code
Sections 34871, subdivision (c), and 34900 et seq.
2.04.080 Election Schedule.
Except as otherwise required by California Government Code Section 36512, the
members of the City Council shall be elected from Council Districts 1 and 3
beginning at the General Municipal Election in November 2018, and every four
years thereafter, as such Council Districts shall be amended. Members of the City
Council shall be elected from Council Districts 2 and 4 beginning at the General
Municipal Election in November 2020, and every four years thereafter, as such
Council Districts shall be amended. The election schedule for the Mayor is not
affected by this Section.
5 of 8 October 3, 2017, Item # 2.1
2.04.090 Map of Council Districts.
The city clerk shall maintain a map of the city showing the current boundaries and
numbers of each city council district as may be established and amended from
time to time by ordinance of the city council.
SECTION 4. If necessary to facilitate the implementation of this Ordinance, the
City Clerk is authorized to make technical adjustments to the district boundaries that do
not substantively affect the populations in the districts, the eligibility of candidates, or the
residence of elected officials within any district. The City Clerk shall consult with the City
Manager and City Attorney concerning any technical adjustments deemed necessary and
shall advise the City Council of any such adjustments required in the implementation of
the districts.
SECTION 5. To the extent the terms and provisions of this Ordinance may be
inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion,
resolution, rule or regulation governing the same subject, the terms of this Ordinance shall
prevail with respect to the subject matter thereof.
SECTION 6. In interpreting this Ordinance or resolving any ambiguity, this
Ordinance shall be interpreted in a manner that effectively accomplishes its stated
purposes.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council of the City of Poway
hereby declares the Council would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that anyone or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk
in accordance with Government Code § 36933.
6 of 8 October 3, 2017, Item # 2.1
Introduced and first read at a Regular Meeting of the City Council of the City of Poway,
California held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
that the foregoing Ordinance No. 809, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
7 of 8 October 3, 2017, Item # 2.1
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8 of 8 October 3, 2017, Item # 2.1
OF POIG,ir
City of Poway
INV COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Ordinance No.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Nancy Neufeld, City Clerk
858) 668-4535 or nneufeld@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No.810 entitled,
An Ordinance of the City of Poway, California, Repealing
Section 3.28.080 of the Poway Municipal Code and Adding a
New Section 3.28.080 Pertaining to Purchasing"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a
Regular City Council Meeting on September 19, 2017. All Councilmembers were present.
There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: Cunningham, Grosch, Mullin, Leonard, Vaus
ABSTAINED: None
ABSENT: None
DISQUALIFIED: None
Recommended Action:
Adopt Ordinance No. 810
Fiscal Impact:
None.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
The Ordinance will be published in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway, within fifteen (15) days after its passage.
1 of 5 October 3, 2017, Item # 2.2
Attachment:
A. Ordinance No. 810
Reviewed/Approved By: Reviewed By:
Wendy K rman
Assistant City Manager
Morgan Foley
City Attorney
Approved By:
Tina White
City Manager
2 of 5 October 3, 2017, Item # 2.2
ORDINANCE NO. 810
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
REPEALING SECTION 3.28.080 OF THE POWAY
MUNICIPAL CODE AND ADDING A NEW SECTION
3.28.080 PERTAINING TO PURCHASING
WHEREAS, the City of Poway enacted its Purchasing Code, codified at Chapter
3.28 of the Poway Municipal Code, in 1982;
WHEREAS, the City of Poway last revisited its Purchasing Code in 2008; and
WHEREAS, there is a need to update the City's Purchasing Code, in order to
increase the purchase threshold of open market supplies, equipment, materials and
services from the $1,000 threshold at which it stands to $10,000;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 3.28.080 of Chapter 3.28 of the Poway Municipal Code is
hereby repealed.
SECTION 2: A new section 3.28.080 is hereby added to Chapter 3.28 of the
Poway Municipal Code to read as follows:
3.28.080 Exceptions to bidding requirements.
Where otherwise required by this chapter, formal or informal bidding procedures may
be waived, at the discretion of the City Manager or his or her designee, when:
A. An emergency requires that the supplies, services or equipment be acquired from
the nearest available source or vendor.
B. The supplies, services or equipment can be obtained from only one vendor or
source.
C. The supplies or equipment are required to match or be compatible with other
supplies or equipment previously purchased by the City.
D. The City Manager or City Council has established a standardized type or make of
supplies or equipment for the City.
E. The City Manager, or his or her designee, determines that competitive bidding is
impossible, or not in the public's interest.
F. Services, other than a public project, as defined by Public Contracts Code Section
20161, are to be performed entirely by City forces.
3 of 6 October 3, 2017, Item # 2.2
G. For public projects, as defined by Public Contracts Code Section 20161, no bids
are received, or the City Council has rejected all bids pursuant to Public Contracts Code
Section 20167, and any amendments thereto.
H. The value of the supplies, services or equipment to be purchased does not exceed
10,000.
Open market purchases for supplies or equipment shall, wherever possible, be
based on at least three bids and shall be awarded to the lowest responsible bidder. The
lowest responsible bidder will be the individual or firm who submits a responsible bid
based on total cost, and which is determined to be the most advantageous to the City.
SECTION 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway, California held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
4 of 5 October 3, 2017, Item # 2.2
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 810, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
5 of 5 October 3, 2017, Item # 2.2
G,(Y OF POW'9Y
City of Poway
CSN
THoJ
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
Ordinance No.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Nancy Neufeld, City Clerk JW
858) 668-4535 or nneufeld@poway.org
SUBJECT: Second Reading and Adoption of Ordinance No. 811 entitled,
An Ordinance of the City of Poway, California, Amending the
Poway Municipal Code References of Administrative Services
to Finance Department, Director of Finance, or Director of
Human Resources & Risk Management"
Summary:
The introduction and first reading of the above -entitled Ordinance was approved at a
Regular City Council Meeting on September 19, 2017. All Councilmembers were present.
There were no speakers.
The Ordinance is now presented for second reading and adoption by title only.
Vote at first reading: AYES: Cunningham, Grosch, Mullin, Leonard, Vaus
ABSTAINED: None
ABSENT: None
DISQUALIFIED: None
Recommended Action:
Adopt Ordinance No. 811
Fiscal Impact:
None.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
The Ordinance will be published in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway, within fifteen (15) days after its passage.
1 of 11 October 3, 2017, Item # 2.3
Attachment:
A. Ordinance No. 811
Reviewed/Approved By: Reviewed By: Approved By:
L_,
Wen Kaserman Morgan Foley Tina White
Assistant City Manager City Attorney City Manager
2 of 11 October 3, 2017, Item # 2.3
ORDINANCE NO. 811
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING THE POWAY MUNICIPAL CODE
REFERENCES OF ADMINISTRATIVE SERVICES TO
FINANCE DEPARTMENT, DIRECTOR OF FINANCE, OR
DIRECTOR OF HUMAN RESOURCES & RISK
MANAGEMENT
WHEREAS, the City of Poway reorganized the Administrative Services
Department effective June 20, 2017; and
WHEREAS, there is a need to update the Poway Municipal Code to reflect the
reorganization of the Administrative Services Department into the Finance Department
and Human Resources & Risk Management Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 3.20.050 is modified to read as follows:
3.20.050 Determination of use and flow.
A. The Director of Safety Services shall determine the use of the parcel and
calculate the fire flow, and maintain a record of the calculation for all commercial,
institutional, irrigated and vacant acreage subject to the fire protection special tax. These
records shall be made available to the property owner, lessee, or resident of the property
upon request. If a dispute exists regarding the calculation, the Director of Safety Services
shall investigate and render a final written decision which shall be mailed to, or otherwise
made available to the person requesting the investigation.
B. If as a result of the investigation of the Director of Safety Services it is
determined that the calculation was incorrect, the Director of Finance shall adjust the
current year's tax for the property.
C. For the purpose of this tax, all single-family residences, mobile home units, and
apartment dwelling units shall be considered equal and shall not be subject to a separate
calculation, except as expressly provided herein.
D. The determination of use or flow may be appealed to the City Council in
accordance with Chapter 2.20 PMC. (Ord. 476 § 2, 1997)
SECTION 2: Section 3.20.060 is modified to read as follows:
3.20.060 Calculation of tax.
The Director of Finance shall cause to be calculated the tax on each parcel by multiplying
the number of fire flow points assigned to the parcel by the tax rate. The tax rate shall be
3.12 per point. (Ord. 476 § 2, 1997)
SECTION 3: Section 3.20.070 is modified to read as follows:
3 of 11 October 3, 2017, Item # 2. 3
3.20.070 Procedures for levying tax and setting appeal hearing.
The Director of Safety Services shall cause to be prepared and annually file with
the Director of Finance a written report containing a description of each lot or parcel of
property subject to the fire protection special tax for each fiscal year. The Finance
Department shall calculate the amount of the fire protection tax to be levied on each
parcel. The amount of the tax along with the description of each parcel shall then be filed
with the City Clerk. The City Clerk shall set a time and place for a public hearing to be
held regarding the annual levy of the fire protection tax, and publish and notice said
hearing in accordance with the Government Code. Following approval of the tax by City
Council, the Council shall confirm the calculation and levy of the tax and provide for
placement of the tax upon the assessment rolls and for collection in accordance with law.
Ord. 476 § 2, 1997)
SECTION 4: Section 3.25.030 is modified to read as follows:
3.25.030 Title to and accounting of fund assets.
Title to all property/assets received pursuant to this program shall be taken in the
name of the City and shall vest in the City. Upon receipt of any transferred property/asset,
the City Manager shall immediately notify the Director of Finance of the acquisition. The
Director, or his/her designee, shall make the necessary entries in the City's inventory
and accounting records, using the property's/asset's fair market value on the date of
acquisition, as determined by the City's purchasing agent. Whenever the City deems it
necessary or expedient to sell forfeited noncash property/assets received, the proceeds
shall be deposited in the law enforcement forfeited property and asset fund. (Ord. 309,
1990)
SECTION 5: Section 3.28.030 is modified to read as follows:
3.28.030 Exceptions to centralized purchasing.
The Director of Finance or designee may, when authorized by the City Manager in
writing, authorize a department or division to purchase supplies and equipment when
such purchases may be made more advantageously or expeditiously by the respective
department or division. (Ord. 675 § 3, 2008; Ord. 260 § 1, 1988; Ord. 55 § 3, 1982)
SECTION 6: Section 3.28.050 is modified to read as follows:
3.28.050 Unauthorized purchases.
No City department head, division head or other employee shall make or order the
purchase of any supplies, equipment, materials or services or make any contract without
the prior approval, in writing, of the Director of Finance. (Ord. 675 § 5, 2008; Ord. 260 §
1, 1988; Ord. 55 § 5, 1982)
SECTION 7: Section 3.28.070 is modified to read as follows:
3.28.070 Formal bidding procedure.
4 of 11 October 3, 2017, Item # 2.3
Except as otherwise provided in this chapter, any purchase which exceeds
50,000 in value for supplies, services, and equipment, or the amount established by
Public Contracts Code Section 20162 and succeeding amendments for contracts on
public works projects, will be by formal bid.
A. Notices inviting sealed bids shall be published at least twice, not less than five
days apart, the first time being 10 days before the date of the opening of the bids, in a
newspaper of general circulation in the City, or they shall be posted in at least three places
in the City that have been designated by ordinance as the places for posting public
notices.
B. Notices inviting bids shall include a general description of the articles to be
purchased, where bid forms and specifications may be obtained, and the time, date and
place for the opening of bids.
C. When deemed necessary by the Director of Finance, bidder's security may be
prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid
security; provided, however, that a successful bidder shall forfeit the bid security upon the
bidder's refusal or failure to execute the contract within 10 days after the notice of award
of contract has been mailed. The City Council may, on refusal or failure of the successful
bidder to execute the contract, award it to the next lowest responsible bidder. If the City
Council awards the contract to the next lowest bidder, the amount of the lowest bidder's
security shall be applied by the City to the contract price differential between the lowest
bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest
bidder. If the City Council rejects all bids presented, due to the failure of the successful
bidder to execute the contract, and readvertises, the amount of the lowest bidder's
security may be used to offset the cost of receiving new bids and the surplus, if any, shall
be returned to the lowest bidder.
D. Sealed bids together with bidder's security shall be submitted to the Director of
Finance or designee. The bid shall be so identified on the envelope. Bids shall be opened
in public at the date, time and place stated in the public notices inviting the bids. Any bid
received after the scheduled time of the bid opening shall be returned to the bidder
unopened. A tabulation of all bids received shall be available for public inspection during
regular business hours for a period of not less than 30 calendar days after the bid opening.
E. At its sole discretion, the City Council may reject any and all bids presented and
readvertise for bids pursuant to the procedure prescribed above. In the event no bids are
received or all bids are rejected, the City Council may, in accordance with Public
Contracts Code Section 20167, and any amendments thereto, direct the Director of
Finance or designee to proceed pursuant to paragraphs relating to open market
procedure or competitive negotiations.
F. If two or more bids received are for the same total amount or unit price, quality
and service being equal, the City Council may at its discretion accept the bid it chooses
with or without further negotiations with the tie bidders.
G. The City shall have authority to require performance and labor and materials
security before entering a contract in such amount as it finds reasonably necessary to
protect the best interests of the City. If the City requires security, the form and the amount
of the security shall be described in the notice inviting bids. The notice inviting bids may
provide that security may be posted in the form of a surety bond, a letter of credit drawn
on an institution located in San Diego County and approved by the City Attorney, or a
cash deposit. (Ord. 675 § 6, 2008; Ord. 260 §§ 1, 3, 1988; Ord. 188 § 1, 1986; Ord. 55 §
7, 1982)
5 of 11 October 3, 2017, Item # 2.3
SECTION 8: Section 3.28.110 is modified to read as follows:
3.28.110 Cooperative purchasing.
Purchase of supplies, services and equipment by contract, arrangement and
agreement for the cooperative purchasing programs with the State, the County and any
other public or municipal corporation of the State may be made by the Director of Finance
when the administering agency has made their purchase in a competitive manner. (Ord.
675 § 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982)
SECTION 9: Section 3.28.130 is modified to read as follows:
3.28.130 Insurance and licensing.
When contracting for services of any kind, no matter what the value of the contract
is, the contractor must have:
A. A policy of general liability insurance covering the contractor for claims and
judgments arising from their products or activities for the City. The policy shall be for a
minimum of $1,000, 000 and extended by endorsement naming the City as additional
insured. The $1,000,000 limit may be adjusted up or down by the Director of Human
Resources & Risk Management or designee in conjunction with the City Attorney based
upon the type of contract or service being considered and the potential liability exposure.
B. The contractor, when required by law, must be licensed to perform work in the
State of California, and the license must be current and properly classified. (Ord. 675 §
12, 2008; Ord. 361 § 4, 1992)
SECTION 10: Section 5.02.160 is modified to read as follows:
5.02.160 Investigation and inspection procedure.
All applications for a certificate shall be investigated and certified in accordance
with the following guidelines:
A. Applications for New Certificates. Each application for a new certificate shall be
investigated and certified as noted below. The City shall make every attempt practicable
to complete all required investigations within 10 working days of the receipt of an
application.
1. The Department of Development Services must certify that:
a. The business and its location comply with the zoning development of the
City;
b. The business and its location is a lawful use under the laws of the State;
and
c. All buildings of the business have been issued certificates of occupancy.
2. The Fire Prevention Division of the Department of Safety Services must certify
that the structures of the business are lawfully constructed pursuant to the fire, zoning
and land use ordinance of the City.
B. Applications for Renewal of an Existing Certificate. Each application for renewal
of a certificate shall be processed as follows: The Customer Services Division of the
Finance Department shall receive the application and review it to determine if any
6 of 11 October 3, 2017, Item # 2.3
changes exist which may require the review of any other department agency or official. If
a review is felt necessary, the application shall be forwarded to the appropriate
department agency and/or officials for their review. (Ord. 518, 1999; Ord. 116 § 11, 1983)
SECTION 11: Section 5.68.200 is modified to read as follows:
5.68.200 Fee modification and allocation.
A. All fees referenced in this chapter shall be reviewed annually by the City
Manager to determine whether such fees are adequate to cover the cost of implementing
the provisions of this chapter. If the City Manager determines that such fees should be
modified he/she shall submit his/her proposal to the City Council for approval. The City
Council, after the effective date of the ordinance codified in this chapter, may establish
any schedule of fees by resolution.
B. All fees established by this chapter shall be collected by the Department of
Finance. (Ord. 683 § 24, 2008; Ord. 29 § 1, 1981; CC § 66.531)
SECTION 12: Section 8.96.020 is modified to read as follows:
8.96.020 Definitions.
In addition to those terms previously defined in this chapter, for the purposes of
this chapter, and for the purpose of any resolution to implement this chapter, the following
definitions shall apply:
A. "Administrative fine" or "administrative penalty' means a fine or penalty imposed
on the responsible party as an incentive measure, and as permitted by this chapter, for
water usage above the customer's water allocation, in the amount as may be adopted by
the City Council by resolution.
B. "Administrative review" means the procedures for imposing administrative fines
and penalties as set forth in Chapter 1.10 PMC. Administrative review includes all
procedures involving the appeal of the administrative fines or penalties charged, but shall
not include any judicial review of a final decision.
C. "Allocation" or "water allocation" means the amount by which a customer shall
be limited in its use of raw, potable, or reclaimed water during any billing cycle, as
determined by resolution of the City Council.
D. "Base level usage" means an amount of water that is fixed by resolution of the
City Council to be an allowable amount to be consumed by single-family or multifamily
residential customers during any billing cycle and below which conservation is not
required.
E. "Billing cycle" means the period of time that water is delivered to a customer
through the City's water facilities. The billing cycle may be monthly, bimonthly, or
whatever period of time is established between the City and the customer by agreement.
The billing cycle may be prorated based on the date of the opening or closing of account,
including upon the termination of services following a "shut off' notice issued by the City.
F. "Conservation" refers to a temporary change in behavior of how water is used
due to water use restrictions. Water use restrictions are often imposed due to a drought
or other type of emergency that temporarily constrains supply availability.
G. "Customer" means the party responsible (whether person, persons, or entity)
for the payment of charges for water delivered by the City to the residence, business, or
7 of 11 October 3, 2017, Item # 2.3
property. The customer does not need to own the property where the water
is delivered.
H. "End use water efficiency" focuses on reducing water waste, not just restricting
its use to establish conservation. For example, not flushing
the toilet as often would be considered water conservation; replacing a 3. 5 gallon/flush
toilet with a 1.28 gallon/flush toilet would be considered water
end use efficiency.
I. "Enforcement officer" means the City Manager, the Assistant City Manager, the
Director of Public Works, and the Director of Finance, or any other person authorized by
the City Manager to enforce the provisions of any City
ordinance.
J. "Incentive measures" refers to policies that use economic penalties and/or
economic benefits to encourage water users to make decisions sooner rather than later
to invest in end use efficiency methods and/or to restrict current water use.
K. "Responsible party" or "party responsible" means the customer, the property
owner (if either arrangements are made between the property owner and the City, or if by
law, allowing a lien to attach to the property), or such persons responsible for payment of
water charges for the account.
L. Unit of Water. A "unit of water" is the equivalent of 748 gallons or 100 cubic feet
HCF).
M. "Variance" means an exception to the allocated amount of water that may be
consumed by a customer without incurring an administrative fine or penalty due to
circumstances specifically related to the proper sanitation measures required in the home,
for the health of either persons residing in the home or benefit from the daytime care of
children or adults, although who are not residents. A variance may be limited in amount
and in time, and is granted on a case- by-case basis. (Ord. 778 § 1, 2015)
SECTION 13: Section 8.96.060 is modified to read as follows:
8.96.060 Administrative review of administrative fines and penalties.
A. Any customer who wishes to appeal the imposition of an administrative penalty
or fine imposed by the City under this chapter shall comply with the following procedures:
1. The customer shall pay all amounts due and owing on his or her water bill,
except for any disputed penalty(ies) imposed by the City pursuant to this chapter to avoid
interruption in service.
2. The customer shall submit an appeal request form to the Director of
Finance no later than 15 calendar days from the date that the customer's water bill for the
billing cycle in which any penalty imposed is due.
B. An appeal may be granted under the following limited circumstances:
1. The amount of water delivered to the customer's property did not violate the
water allocation, as evidenced by a demonstrable malfunction in the meter serving the
customer's property or a billing error by the City.
2. The customer demonstrates the water use is in accordance with a previously
granted variance or, if the customer had not previously applied for a variance, that the
use is in accordance with a subsequently approved variance applied for within 10 days
following the billing date.
3. The customer demonstrates an undetected water leak occurred at his or her
property during the billing cycle in which the penalty was imposed, resulting in water loss
8 of 11 October 3, 2017, Item # 2. 3
that did not benefit the customer, and notifies the City of such leak at least five days prior
to the bill due date, and demonstrates that the leak has been repaired.
C. The City shall respond to the appeal request within 30 calendar days from
receipt of the appeal request form.
D. The decision of the Director of Finance shall be final.
E. If the appeal is not granted, the customer shall pay all the disputed penalties
within 10 days of the date that the decision is mailed to the customer.
F. Legal action must be commenced in accordance with Government Code Section
53069.4(b) by filing a petition with the Superior Court within 20 days of the date that the
final decision of the Director of Finance is served on the customer. (Ord. 778 § 1, 2015)
SECTION 14: Section 9.52. 050 is modified to read as follows:
9.52.050 Billing.
The Director of Safety Services shall notify the Director of Finance in writing.
Following the rendering of police services, the name and address of the person
responsible for the cost thereof, and such other information as may be required. The
Director of Finance shall thereafter cause the appropriate billings to be made. (Ord. 328,
1990)
SECTION 15: Section 16.20.090 is modified to read as follows:
16.20.090 Reduction of security.
A. The City Engineer may reduce and partially release securities posted as a
guarantee of any act, obligation, or agreement as follows:
1. Improvement security shall be reduced only upon written request by the
subdivider or developer who posted such security.
2. The City Engineer shall consider requests for the partial reduction of security
only twice for any one agreement.
3. Upon receipt of a written request for reduction together with detailed
estimates of the value of the work remaining to be completed, the City Engineer shall
make determination whether such requests exceed the number allowed and if the security
is sufficient in amount to be reduced. If satisfied that the security may be reduced, the
City Engineer shall inspect the improvements and verify the percentage and the value of
work remaining to be completed. The City Engineer may then authorize a reduction in the
amount of security as follows:
a. No reduction shall be made where more than 50 percent of the
original value of work remains to be completed.
b. Whenever 50 percent or more of the work has been completed, the
original security may be reduced to the current value of the remaining work as a
contingency. No reduction shall result in a remaining security less than 10 percent of the
original. Any reduction authorized herein shall not apply to any required guarantee and
warranty period, nor to the amount of the security deemed necessary by the City Engineer
for such guarantee, nor to costs and reasonable attorney's fees therefor.
C. Upon a determination that the security may be reduced and where
the security takes the form of a Surety Bond or a Letter of Credit, the City Engineer shall
notify the subdivider in writing of the amount of reduction and that the reduction does not
9 of 11 October 3, 2017, Item # 2.3
apply to the warranty or guarantee period or the amount of security deemed necessary
for such warranty or guarantee, not to costs and reasonable expenses and fees including
attorney's fees.
d. When the security takes the form of cash or other negotiable
instrument, the City Engineer shall notify the Director of Finance to release an amount of
said deposit which is computed as provided above in this section, less amounts estimated
by the City Engineer to be necessary for the guarantee or warranty period, costs and
reasonable expenses and fees including reasonable attorney's fees. The Director of
Finance is authorized to release said amounts upon written notification by the City
Engineer.
B. Reduction of securities shall only be construed as formal acceptance of any of
the improvements completed at the time of reduction, but shall not be construed as
acknowledgement by the City that a specified amount of construction has been
completed. (Ord. 80 § 1, 1982; CC § 81.803.3)
SECTION 16: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway, California held the 19th day of September 2017, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
10 of 11 October 3, 2017, Item # 2. 3
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. 811, was duly adopted by the City Council at a regular
meeting of said City Council held on the 3rd day of October 2017, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
11 of 11 October 3, 2017, Item # 2.3
ED City of Poway
COUNCIL AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Carol Rosas, Associate Planners\W
858) 668-4659 / crosas@poway.org
SUBJECT: Conditional Use Permit 17-001/ Development Review
17-001, a proposal to increase the maximum number of
children allowed at an existing preschool/elementary
school on the Ner Tamid Synagogue property from 85 to
153 students and add two additional modular classroom
buildings.
Summary:
CUP 17-001 and DR 17-001 is a proposal to modify the existing CUP 02-11 for Ner Tamid
Synagogue, Hebrew school and preschool/elementary school located at 12348 Casa
Avenida, to increase the maximum number of children allowed at the preschool to 153
and allow the installation of two modular classroom buildings totaling 2,880 square feet
for the preschool use.
Recommended Action:
It is recommended that the City Council approve CUP 17-001 and DR 17-001 subject to
the conditions contained in the attached Resolution (Attachment A).
Discussion:
The Applicant is Marla Martin, the director of Poway Hilltop Preschool and the owner is
Ner Tamid North County Conservative Synagogue. The project site is an 8.6 -acre
property which is located at 12348 Casa Avenida, within the Rural Residential C (RR -C)
zone. A zoning and location map is included as Attachment B.
CUP 02-11 and Development Review 02-16 were approved by the City Council on
October 29, 2002, and authorized the phased development of a 17,000 -square -foot
sanctuary/administrative/classroom building and a 12,000 -square -foot multi-purpose
building. Presently, the first phase of the sanctuary building (5,999 square feet) and eight
modular buildings that house the synagogue administrative offices/religious training
school (five modulars) and the preschool (three modular classroom buildings) exist on the
site. The maximum enrollment originally approved for the pre-school was 50 students.
In 2010 the City Council approved CUP 02-11 M to expand the scope of the private pre-
school to include classes for elementary age students and increase the maximum
enrollment at the school from 50 to 85 students.
1 of 27 October 3, 2017, Item # 3.1
CUP 17-001/DR 17-001
October 3, 2017
Page 2
Surrounding land use includes Rancho Bernardo High School to the west, two existing
single family homes and a new 10 lot residential subdivision under construction to the
south, St. Michael's church and school to the east, and an open space green belt area
along the northerly boundary. The nearest residential property north of the property is
approximately 145 feet away. The school has operated compatibly with surrounding land
use and without any complaints since the time it was established more than 10 years ago.
The Applicant proposes to increase the maximum number of children allowed at the
preschool/elementary school from 85 children to 153 and add two modular classroom
buildings, totaling 2,880 square feet, to accommodate the increase in enrollment
Attachment C and D). Presently the school operates within three existing modular
buildings (approximately 4,400 square feet) sited along the westerly side of the Ner Tamid
Synagogue site. The new modulars will be in on a portion of the existing playground, so
the playground area will be relocated to the westerly side and rear of the preschool
buildings (Attachment E).
Currently, the preschool has two classes (maximum of 28 children/class) for children
between the ages of 2 — 5 years old and the third modular classroom building functions
as an infant center that is licensed to have up to 24 children between the ages of 6 weeks
to 24 months. The total number of children currently licensed by the state for the school
site is 80.
The Applicant proposes to use one of the additional modular buildings to split up the age
groups to create a learning environment more conducive to each age group. The second
proposed modular will be used for a proposed before and after school program for
kindergarten through 5'" grade students. During the summer and other vacation periods
of the year the building would be used to offer enrichment classes for children.
Currently, the school has 17 employees (15 teachers and two administrative staff). The
applicant proposes to add two - four additional teachers to manage the increased
enrollment. The hours of operation of the school are from 7 a.m. to 6 p.m.
Neighborhood Meeting
A neighborhood meeting was held in September 2017 for the project. Property owners
and occupants who own and/or reside within 500 feet of the project site were sent an
invitation to the meeting. A total of nine people attended the meeting, of which four were
residential property owners from within the project area. Other attendees were the
applicant and people having a connection to Poway Hilltop Preschool. Staff also received
emails from two separate owners of property located north of the subject property who
were not able to attend the meeting but wanted to voice their concerns about the project
Attachments F and G). They also asked one of their neighbors who attended the meeting
to raise their concerns. This neighbor attending the meeting also turned in a letter
opposing the project (Attachment H).
2 of 27 October 3, 2017, Item # 3.1
CUP 17-001/DR 17-001
October 3, 2017
Page 3
Discussion centered on four key property owner concerns:
1. The addition of two modular buildings to the existing eight modulars on the property
that were supposed to be temporary during construction (through 2014).
2. Expansion of a commercial operation (private non -religious school) within a
residential neighborhood.
3. The dilapidated appearance of the existing modular buildings and its effect on their
property values.
4. The anticipated increase in preschool playground noise from additional children at
the facility.
The following account identifies the comments received at the neighborhood meeting,
followed by the Applicant or City's response in addressing the issue:
Concern #1 The addition of two modular buildings to the existing eight modulars
on the property that were supposed to be temporary during
construction (through 2014).
Response #1 Originally, CUP 02-11/DR 02-16 authorized the Synagogue to use
modular buildings during the phased development of a 12,000 -
square foot worship/administration building and a 17,000 -square foot
multi-purpose building within an estimated 12 -year period
completion in 2014). To date only Phase 1 of the worship building
approximately 6,000 square feet) has been completed, so the
modular buildings have remained. Per the original project approval,
the modular buildings were intended to be temporary and removed
upon completion of the Phase 2 and Phase 3 construction. In 2010
and 2017 Ner Tamid Synagogue advised that there were no plans to
undertake the remaining phases of construction in the foreseeable
future because the recession had affected the size and financial
condition of the synagogue congregation. Therefore, they requested
that the City continue to allow use of the modular buildings until they
are financially able to complete the construction of Phases 2 and 3.
The Poway Municipal Code (PMC -Chapter 17.26) allows for properly
designed modular buildings to be used for office and classroom
purposes with the approval of a Conditional Use Permit. The Code
does not specify a time period.
Concern #2 Expansion of a commercial operation (private non -religious school)
within a residential neighborhood.
Response #2 Section 17.08.120 of the PMC allows private schools and childcare
centers in the RR -C zone with the approval of a CUP pursuant to
specific findings and subject to conditions of approval.
3 of 27 October 3, 2017, Item # 3.1
CUP 17-001/DR 17-001
October 3, 2017
Page 4
Concern #3 The dilapidated appearance of the existing modular buildings and the
effect on their property values.
Response #3 Originally, the exterior of the modular buildings were required to be
painted to match each other and the synagogue building color
tan/beige). Over time the existing modulars have weathered, so the
exteriors need to be refreshed. A condition of approval of CUP 17-
001 and DR 17-001 requires that the exterior of the existing
preschool and synagogue modular buildings be painted to match the
proposed tan/beige color of the two -proposed new modular
buildings.
Additionally, in accordance with the original conditions of approval
for CUP 02-11/DR 02- 16, which required that interim landscaping
and irrigation be installed around the modular buildings, a proposed
condition of approval of the project requires that fast growing
evergreen shrubs and irrigation be installed along the northerly limits
of the building pad to supplement existing landscaping and screen
the modular buildings from view from the residences to the north of
the site.
The painting and landscaping will improve the appearance of the
subject property and screen the modular from view.
Concern #4 The anticipated increase in preschool playground noise from
additional children at the facility.
Response #4 A proposed condition of approval of the project requires not more
than one class (class size limited to 28 children) be outside on the
playground at any given time to help minimize noise levels.
Project Conformance to Development Standards
The project has been designed to comply with all development standards. The exterior
of the existing modular buildings on the property will be painted to match the color of the
proposed new modular buildings (tan/beige). Supplemental landscaping will be installed
to help screen the modular buildings from view from the residential properties located
north of the site.
The first time that noise has been voiced concerning the preschool/elementary school
use was at the September 2017 neighborhood meeting for the project. A condition of
approval of the project will require that the number of children on the playground at a
given time be limited to one class to help minimize noise levels.
Environmental Review:
The project is Categorically Exempt from the California Environmental Quality Act
CEQA), as a Class 1 Categorical Exemption, pursuant to Section 15301.e of the CEQA
4 of 27 October 3, 2017, Item # 3.1
CUP 17-001/DR 17-001
October 3, 2017
Page 5
Guidelines, in that the project is an addition that is less than 10,000 square feet in size to
an existing facility that is on a property that is not environmentally sensitive, and is served
by existing public utilities.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property
owners, residents and tenants within 500 feet of the project site. At the time of the
preparation of the report, three letters/emails in opposition of the project had been
received (Attachments F, G and H).
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Site Plan
D. Floor Plan and Building Elevations
E. Conceptual Playground Design
F. Wright Letter
G. Brown Letter
H. Harris Letter
Reviewed/Approved By: Reviewed By: Approved By:
Wend Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
5 of 27 October 3, 2017, Item # 3.1
RESOLUTION NO. P -17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-001
AND DEVELOPMENT REVIEW 17-001
ASSESSOR'S PARCEL NUMBER 314- 370-39
WHEREAS, Conditional Use Permit 17-001 and Development Review 17-001 was
submitted by Marla Martin, Applicant/ Ner Tamid North County Conservative Synagogue,
Owner, a proposal to increase the maximum number of children at the existing
preschool/elementary school from 85 to 153 students and to add two modular classroom
buildings totaling 2,880 square feet to the existing modular building school complex
located at 12348 Casa Avenida within the Rural Residential -C (RR -C) zone;
WHEREAS, on October 3, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The proposed project is Categorically Exempt from the California
Environmental Quality Act (CEQA), as a Class 1 Categorical Exemption, pursuant to
Section 15301.e of the CEQA Guidelines, in that the project is an addition that is less than
10,000 square feet in size to an existing facility, that is on a property that is not
environmentally sensitive, and is served by existing public utilities.
Section 2: The findings in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for the approval of Conditional Use Permit 17-001 to expand the
scope of the private pre-school operating on the Ner Tamid Synagogue property to
increase the maximum number of children at the existing preschool/elementary school
from 85 to 153 students, include infant care and add two modular classroom buildings
totaling 2,880 square feet to the existing modular building school complex, are made as
follows:
A. The school is a permitted use in the RR -C zone with the approval of an CUP and
the school use has operated for more than 10 years on the site without complaints
being received. The school is primarily an indoor operation and even with the
increase in student enrollment will only have one class outside using the
playground at a given time. Therefore, there will not be an increase in noise levels.
The location, size, design and operating characteristics of the proposed use are in
accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits
Regulations), the General Plan, and the development policies and standards of the
City.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the school
6 of 27 ATTACHMENT A October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 2
has been designed to comply with the Poway General Plan and PMC, and the
exterior of the existing modular buildings on the site will be painted to match the
color on the new modular buildings. Additionally, the school has operated in
compliance with the conditions of approval of CUP 02-11.
C. The school building meets standards for scale, coverage and density. The
proposed use is in harmony with the scale, bulk, coverage, and density of, and is
consistent with adjacent uses.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the use.
E. The school has been designed to comply with the Poway General Plan and PMC
standards, and the use has operated compatibly with surrounding development for
the past 10 years without any complaints being received. The school is primarily
an indoor operation and even with the increase in student enrollment will only have
one class outside using the playground at a given time. Therefore, there will not
be an increase in noise levels and no harmful effect upon desirable neighborhood
characteristic.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan.
G. The school is allowable on land zoned RR -C, and the property is located in an area
with suitable circulation and other infrastructure. The school proposes to operate
in a manner that is compatible with surrounding residential and high school, middle
school and elementary school development. Therefore, the site is suitable for the
school facility.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the use has and will continue to operate on the developed portion
of the site.
The school use will operate within buildings on a developed site, the school's
outdoor playground schedule will continue to only have one class outside using
the playground at a given time and all of the existing modular buildings will be
painted a tan/beige color to match the exterior of the proposed two modular
buildings. Therefore, there are no relevant negative impacts of the proposed use
that cannot be mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
7 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 3
Plan. and
K. That the proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances.
Section 3: The findings for Development Review (DR) 17-001, in accordance
with Section 17.52.010 of the PMC Purpose of Development Review, are made as
follows:
A. The proposed modular buildings will be compatible in appearance to the existing
modular buildings on the site and conform to City development standards.
Additionally, the existing modular buildings will be painted to match the exterior of
the two proposed new modular buildings and a condition of approval requires that
fast growing evergreen shrubs be installed along the northerly limits of the building
pad to supplement existing landscaping and help screen the existing and proposed
modular buildings of the preschool and synagogue from view from the residential
properties to the north; therefore, the project respects the interdependence of land
values and aesthetics to the benefit of the City.
B. The proposed modular buildings have been designed to conform to City
development standards and will be compatible in appearance to the existing
modular buildings of the preschool and synagogue which will be painted to match
the exterior of the new modular buildings. Additionally, a condition of approval
requires that fast growing evergreen shrubs be installed along the northerly limits
of the building pad to supplement existing landscaping and help screen the existing
and proposed modular buildings of the preschool and synagogue from view from
the residential properties to the north; therefore, the project encourages the orderly
and harmonious appearance of structures and property within the City.
C. The proposed modular buildings will not have an adverse health or safety impact
upon adjoining properties in that they have been designed to conform to City
development standards and are required to obtain and go through the necessary
building permit review and construction inspection process.
D. The proposed modular buildings have been designed to conform to City
development standards and be compatible in appearance to the existing modular
buildings of the preschool and synagogue which will be painted to match the
exterior of the new modular buildings. Additionally, a condition of approval requires
that fast growing evergreen shrubs be installed along the northerly limits of the
building pad to supplement existing landscaping and help screen the existing and
proposed modular buildings of the preschool and synagogue from view from the
residential properties to the north residential care facility building; therefore, the
project respects the aesthetics of the built environment in the area.
E. The proposed modular buildings have been designed to be compatible in
appearance to the existing modular buildings of the preschool and synagogue
8 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 4
which will be painted to match the exterior of the new modular buildings.
Additionally, a condition of approval requires that fast growing evergreen shrubs
be planted along the northerly limits of the building pad to supplement existing
landscaping and help screen the existing and proposed modular buildings of the
preschool and synagogue from view from the residential properties to the north
residential care facility building; therefore, the project will not have an adverse
aesthetic, health, safety or architecturally related impact upon existing adjoining
properties, or the City in general, and
F. The proposed modular buildings have been designed to be in compliance with the
development standards of the Zoning Ordinance and the General Plan.
Section 4 The City Council hereby approves CUP 17-001 and DR 17-001, as
shown on the approved plans on file with the City, subject to the following conditions:
A. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit, including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification.
In the event of such election, applicant shall pay all of the costs related thereto,
including without limitation reasonable attorney's fees and costs. In the event of a
disagreement between the City and applicant regarding litigation issues, the City
shall have the authority to control the litigation and make litigation related
decisions, including, but not limited to, settlement or other disposition of the matter.
However, the applicant shall not be required to pay or perform any settlement
unless such settlement is approved by applicant.
B. Approval of this CUP and DR request shall apply only to the subject project and
shall not waive compliance with all sections of the Zoning Ordinance and all other
applicable City Ordinances in effect at the time of Building Permit issuance.
C. Within 30 days of the date of this approval, and before the issuance of any permit:
1) the applicant shall 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. In order for the City to prepare the Covenant, the
applicant must first submit a legal description of the subject site.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The conditions of CUP 17-001 and DR 17-001 shall remain in effect for the life of
the subject use and shall run with the land and be binding upon future owners,
9 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 5
successors, heirs, and transferees of the current property owner.
F. CUP 17-001 and DR 17-001 may be subject to annual review, as determined by
the Director of Development Services, for compliance with the conditions of
approval and to address unresolved operational concerns that may have been
raised during the prior year.
G. Within 30 days of this approval, the property owner shall remove all debris and
material/equipment stored along the north side of the synagogue to the satisfaction
of the Director of Development Services.
H. Development on the site must comply with the Poway Noise Ordinance, Chapter
8.08 PMC. Construction work is specifically regulated by PMC 8.08.100.
The applicant shall obtain a Building Permit. Prior to issuance of a Building Permit,
the applicant shall comply with the following:
The applicant shall comply with the latest adopted building and electric codes,
and all other applicable codes and ordinances in effect at the time of Building
Permit issuance.
The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City departments will be required.
Engineering)
1. 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.
A minimum cash security for erosion control is required.
The applicant shall pay the storm water pollution inspection fee according to
the latest adopted master fee schedule.
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.
5. Erosion control shall be installed and maintained by the developer from
October 1 to April 30 annually. The developer shall maintain all erosion
10 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 6
control devices throughout their intended life.
6. The applicant shall pay all applicable development impact fees in effect at
time of permit issuance.
Planning)
7. The site shall be developed in accordance with the approved plans on file in
the Development Services Department and the conditions contained herein.
A final inspection from the appropriate City departments will be required.
8. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
9. The exterior of the existing preschool and synagogue modular buildings shall
be painted to match the proposed tan/beige color of the two -proposed
modular buildings. The building plans shall identify the exterior building colors
and materials consistent with the approved project plans on file in the
Development Services Department.
10. A landscape and irrigation plan for the proposed relocated school playground
area shall be submitted for review and approval. The landscape and irrigation
plans shall demonstrate compliance with the City of Poway Landscape and
Irrigation Design Manual, Chapters 17.07 and 17.41 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 of the PMC, prior to final
inspections/issuance of a Certificate of Occupancy. The landscape and
irrigation plan submittal is a separate submittal from other project plan check
submittals, and is made directly to the Planning Division. Contact the
Planning Division for copies of applicable City standards, the landscape and
irrigation plan submittal checklist, and the plan review fee worksheet.
Landscape and irrigation plan review fees are required and are the
responsibility of the applicant.
The plan shall address a requirement that fast-growing evergreen
shrubs/trees and irrigation be installed along the northerly limits of the
building pad to provide a visual screen of the preschool and synagogue
modular buildings from view from the residential properties to the north of the
site.
11. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code and all other applicable codes and ordinances
in effect at the time of Building Permit issuance.
11 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 7
12. Applicable school impact fees shall be paid at the rate established at the time
of Building Permit issuance. Please contact the Poway Unified School District
for additional information at (858) 679-2570.
J. The following requirements shall be completed to the satisfaction of the Fire
Marshal:
The applicant is required to meet all applicable PMC and California State Fire
and Building Codes for this project. The applicant is encouraged to contact the
Division of Fire Prevention at (858) 668-4473 to set up a meeting prior to
submitting building plans in order to review project requirements.
The building constructed shall be accessible to Fire Department apparatus by
way of an access roadway 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 13'6" of
vertical clearance.
3. Approved fire apparatus access roads shall be provided for every new building,
facility or portion of a building hereafter constructed. The fire apparatus access
road shall extend to within 150 -feet of all portions of the facility and all portions
of the exterior walls of the first story of the buildings as measured by an
approved route around the exterior of the buildings or facility.
4. An automatic fire alarm system shall be installed in all new buildings and
interconnected to the adjacent buildings and existing classroom buildings in
such a manner that if one detector activates, all detectors activate. The
automatic fire alarm system shall be monitored. The system shall transmit the
alarm, supervisory and trouble signals to an approved supervising station in
accordance with NFPA 72. Fire Department access for use of fire -fighting
equipment shall be provided to the immediate job construction site at the start
of construction and maintained at all times until construction is completed.
5. Minimum 2A:10BC fire extinguisher required for every 3,000 square feet and
75' travel distance.
K. Prior to occupancy approval of the two modular buildings:
Engineering)
1. All existing and proposed utilities or extension of utilities required to serve the
project shall be installed underground. No extension of overhead utilities shall
be permitted.
2. The applicant shall repair, to the satisfaction of the City Engineer, all damages
to public improvements caused by construction activity from this project.
12 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 8
Planning)
3. Landscape and irrigation shall be installed and maintained in accordance with
the approved project landscape plan.
4. All facilities shall be maintained in good repair. Any damage from any cause
shall be repaired as soon as reasonably possible so as to minimize
occurrences of dangerous conditions or visual blight.
5. The owner or operator of the facility shall routinely and regularly inspect the site
to ensure compliance with the standards set forth in this permit.
6. All landscaping shall be adequately irrigated, and permanently and fully
maintained by the owner at all times in accordance with the requirements of the
City of Poway Landscape and Irrigation Design Manual. Landscape
inspections shall be scheduled with the City Landscape Architect consultant at
the required inspections times throughout the landscape and irrigation
installation. An irrigation audit report shall be provided to the Planning Division
pursuant to Section 17.41 of the PMC.
L. Prior to occupancy approval of the remaining Phases 2 and 3 of the site
development approved with CUP 02-11 and DR 02-16 the following requirements
shall be satisfactorily addressed:
1. Any changes in the approved use of the building, including, but not limited to,
the number of students, the hours of operation, or the seat capacity in the
assembly area, that results in an increase in required parking, will require the
approval of a modification to this Conditional Use Permit. Depending on the
scope of such changes, at the discretion of the Director of Development
Services, said modification may be processed administratively or may be
referred to the City Council for a public hearing.
2. Presently, the site has been developed with the first phase of the permanent
sanctuary building (5,999 square feet). The applicant shall obtain a Building
Permit prior to the construction of subsequent phases of the 17,000 -square -
foot synagogue or 12,000 -square -foot multi-purpose building. Compliance with
the following conditions is required prior to issuance of a Building Permit.
a. The site shall be developed in accordance with the approved site plan
and elevations on file in the Development Services Department and the
conditions contained herein.
Engineering)
b. The applicant shall pay all applicable development impact fees in effect
at time of permit issuance. Development impact fees for the existing
6,000 -square -foot permanent structure are considered paid in full. All
water, traffic, park, and drainage development impact fees for the project
13 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 9
are considered to be paid in full, provided that the project scope does
not significantly change from the original approval as determined by the
City Engineer. The remaining fees for project Phases 1 B and 2 include,
but are not limited to, sewer and Fire Department facilities/apparatus/
vehicle. These remaining fees will be assessed at the time of Building
Permit issuance. Please note that credit will be given for sewer fees
paid for the existing modular buildings.
Planning)
c. The building plans shall depict all roof appurtenances, including air
conditioners, architecturally integrated, screened from view and sound
buffered from adjacent properties and streets, to the satisfaction of the
Director of Development Services.
d. The building plans shall identify the exterior building colors and materials
consistent with the approved project plans on file in the Development
Services Department.
e. The applicant shall comply with the latest adopted Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, National
Electric Code, Uniform Fire Code and all other applicable codes and
ordinances in effect at the time of Building Permit issuance.
f. Details of any exterior lighting shall be included on the building plans,
including fixture type(s) and design. All exterior lighting fixtures are
required to be low-pressure sodium and designed such that they reflect
light downward, and away from streets and adjoining properties.
Parking lot lights shall not exceed a maximum height of 18 feet from the
finished grade.
g. All landscape areas shall be maintained in a healthy and thriving
condition, free from weeds, trash and debris.
Phase 3
h. All of the modular buildings shall be removed from the property and the
site restored in conformance with the approved construction plans to the
satisfaction of the Director of Development Services.
3. The following requirements shall be completed to the satisfaction of the Director
of Safety Services:
a. Roof covering shall be fire retardant as per CBC Section 1505, and City
of Poway Ordinance No. 64 and its amended Ordinance No. 526.
b. The buildings shall display their numeric address in a manner visible
from the access street. Minimum size of the building numbers shall be
14 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 10
six (6) inches on the front facade of the building. The address shall also
be displayed on the roof in a manner satisfactory to the Director of Safety
Services, and meeting Sheriff's Department ASTREA criteria.
c. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with an 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, and having a minimum of 13 feet, 6 inches of
vertical clearance. The road surface type shall be approved by the City
Engineer, pursuant to the PMC.
d. The building will be required to have an approved fire sprinkler system
meeting PMC requirements installed. The entire system is to be
monitored by a central monitoring company. System post indicator
valves with tamper switches, also monitored, are to be located by the
City Fire Marshal prior to installation.
e. An automatic fire alarm system shall be installed to approved standards
by a properly licensed contractor. The system shall be completely
monitored by a U.L. listed central station alarm company or proprietary
remote station.
f. A hood and duct extinguishing system shall be installed for all cooking
facilities within the kitchen area. Plans to be submitted and approved
prior to installation.
g. A "Knox" Security Key Box shall be required for the buildings at a
location determined by the City Fire Marshal. A "Knox" padlock shall be
required for the fire sprinkler post indicator valve.
h. 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.
i. Permanent access roadways for fire apparatus shall be designated as
Fire Lanes" with appropriate signs and curb markings.
j. A minimum 3A:40BC fire extinguisher is required for every 3,000 square
feet and 75 feet of travel distance.
k. If an elevator is installed, it shall be sized to accommodate a normal
hospital gurney. Minimum dimensions for the inside car platform shall
be 6' 8" wide by 4'3" deep. This requirement does not apply to the
modular buildings.
I. Fire sprinkler riser(s) shall be located within 10 feet of an exterior exit
15 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 11
main door or shall be located inside an enclosed closet with an exterior
access man door. The 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 3'0" man door.
M. Upon establishment of the proposed use the following performance standards shall
apply to the synagogue/private school/religious schools pursuant to CUP 17-001:
1. Only one class (consisting of not more than 28 children) shall be permitted
outside to play on the playground for recess at a given time.
2. The use of the main sanctuary building and multi-purpose building shall
be limited to education and religious activities, along with related accessory
uses.
3. The maximum student enrollment permitted for the private school is 153 and
individual class size shall not exceed 28 students per class. The maximum
student enrollment for the religious school is 90.
4. The activities of the main sanctuary building and multi-purpose building shall
not occur in such a manner as to create adverse impacts on the circulation and
parking on surrounding public streets and La Manda Drive.
5. The facility shall be operated in such a manner as to minimize any possible
disruption by noise, and shall comply with the noise standards contained in
Chapter 8.08 PMC. At no time shall equipment noise from any source, or any
loudspeaker sound amplification system, exceed the noise standards
contained in the PMC.
6. The parking areas, driveways and landscaping shall be well maintained.
7. 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.
8. La Manda Drive shall not be used for parking.
9. The southernmost row of parking shall be barricaded off and only used
if there are not enough parking spaces in the remainder of the parking lot for
the approved uses to occur.
10. Parking lot lights shall be turned off when there are no activities occurring on
the site. Security lighting is permitted to remain on, provided it has proper
shielding and does not create glare on adjacent properties. Consideration shall
be given to the use of motion sensor security lights where appropriate.
16 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 12
N. If the private school, religious school and/or synagogue/worship use for which CUP
02-11M was issued terminates or ceases operation for a continuous
period of time in excess of 180 calendar days except for: (1) destruction or damage
by acts of God; (2) destruction or damage by malicious acts; or
3) remodeling or rehabilitation requiring prolonged closure, such remodeling
or rehabilitation shall be continuously and diligently pursued; that use
component (private school, religious school and/or synagogue/worship use) of the
use permit shall expire, and shall thereafter be of no further force or effect.
Section 5: The approval of CUP 17-001 and Development Review 17-001 shall
expire on October 3, 2019, at 5:00 p.m. unless, prior to that time, a Building Permit has
been issued and construction on the property in reliance on the CUP approval has
commenced prior to its expiration.
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.
17 of 27 October 3, 2017, Item # 3.1
Resolution No. P -17 -
Page 13
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO)
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17- was duly adopted
by the City Council at a meeting of said City Council held on the 3rd day of October 2017,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, CMC, City Clerk
City of Poway
18 of 27 October 3, 2017, Item # 3.1
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CITY OF POWAY
Zoning / Location Map
Item: CUP 17-001 & DR 17-001
19 of 27 ATTACHMENT B October 3, 2017, Item # 3.1
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20 of 27 ATTACHMENT C October 3, 2017, Item # 3.1
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Design Concepts
22 of 27 ATTACHMENT E October 3, 2017, Item # 3.1
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Poway Hilltop Preschool
Design Concepts
22 of 27 ATTACHMENT E October 3, 2017, Item # 3.1
To: City of Poway
From: James and Sue Brown
12511 Alcacer Del Sol
San Diego, CA 92128
Sept. 10`h 2017
As concerned neighbors we have a few comments, concerning request to modify the approval of CUP 02-
11M for Ner Tamid Synagogue.
1. Agenda Report dated October 29, 2002 for CUP 02-11 states:
The project will be completed in 3 phases that may take up to 12 years to complete (Attachment
P)". Attachment P shows Phase 1A or 1B to be completed in 4 years, phase II within 3 years after
Phase I and Phase III up to 5 years after Phase 11 or 9 -12 years total (by 2014). Only Phase I has
been completed in 15 years and should have been completed in 4 years.
Dates for Phases have been left out from the 2010 CUP 02-11M. We request a realistic time table
be established. We want to see the project go to completion with Phase III and the removal of
modular buildings as stated in Section K Phase 111 2, "all modular buildings shall be removed from
the property ...... I
2. We respectfully request a project completion time table or date because it looks like a trailer park
in our residential zoned area. There are currently eight modular trailers and this request will add
two more for a total of ten trailers! If ten will be approved now, will twelve or fifteen or more be
allowed in the future?
3. Rancho Bernardo community and the HOA have maintained high standards for Aesthetics.
However the way these trailers look with different colors and models as seen below will have a
negative effect on the value of our homes and they look shabby. This addition will make what
already looks bad look worse and change the Aesthetics for its neighbors. How will enlarging
facilities at a bunch of mismatched buildings enhance the area?
4. We request permanent structures as outlined in CUP -phase 11 and III, with good aesthetics be built
to replace these trailers with and included in this request with time table. Don't our children
deserve to be taught in nice facilities and its neighbors to see nice well -kept building and grounds?
View looking South through back fence of: 12511 Alcacer Del Sol San Diego CA, 92128
i
23 of 27 ATTACHMENT Fber em # 3.1
James & Cathy Wright
12503 Alcacer Del Sol
San Diego, CA. 92128
858-354-6550
jimwright.fly@gmail.com
September 9, 2017
Carol Rosas, Poway City Associate Planner
City of Poway
13325 Civic Center Drive
Poway, CA. 92074-0789
To: Poway City Mayor, City Council, & Carol Rosas
We are respectfully requesting two actions by the Poway City Mayor, City
Council and Real Estate Planning representatives.
1. Deny the request from Nor Tamid Synagogue and Marla Martin, private
business owner (preschool), to expand Conditional Use Permits (CUP) 17-001
and the modification of CUP 02-11, as described in the 8/20/2017 "Invitation to
the Neighborhood Meeting". Their request would allow the addition of two
trailers totaling 2,880 square feet (referred to in the request as modular
classroom buildings) and expand the existing preschool from 85 student to
153. Currently there is approximately 10,000 or more square feet of trailers
used for Nor Tamid offices and classrooms for the private preschool business.
The aging trailers are becoming increasingly dilapidated and are a blight in our
neighborhood. The private preschool business with their current 85 students is
a noise nuisance and is incompatible with this Rural Residential C zone
neighborhood.
On about September 2, 2017, 1 spoke to Melissa O'Connor, President of Nor
Tamid Synagogue. As we discussed the proposed expansion and I referred to
the additional trailers as "temporary", she made it very clear to me that there
was nothing "temporary" about the additional trailers. NerTamid considers
them to be "permanent".
We believe adding additional trailers and the further expansion of the private
business is unacceptable. The "temporary" facilities now deemed "permanent"
by Nor Tamid, their renting unimproved portions of the property to a private
preschool business, and that private preschool business moving trailers on the
property, is wrong and unfair to this residential neighborhood. Additionally,
24 of 27 ATTACHMENT G October 3, 2017, Item # 3.1
NerTamid is currently operating the facility in violation of the two Conditional
Use Permits already granted them.
2. Ensure the integrity in the Conditional Use Permit process and existing
agreements. Poway City Management should require that NerTamid, after
being afforded advantage through the CUP process, live up to the spirit of the
agreement and perform to the commitments made in the CUP. Poway City
Management should communicate to NerTamid Management that non-
performance of those agreements is cause for revocation of the Conditional
Use Permits.
Areas where NerTamid has willfully failed to perform to the commitments and
requirements in the CUP include the following.
CUP 17-001 Page 62, Phasing of the NerTamid Synagogue Project,
Letter dated September 13, 2002 from Mark Baker to Ms. Carol Rosas:
Phase IA will be accomplished in 2 years,
Phase IB accomplished in 2 - 4 years,
Phase II completed 2 - 3 years after Phase IB (6 - 7 years total), &
Phase III completed 2 - 5 years after Phase II (9 - 12 years total).
What happened? We are now 15 years into this process. All trailers should
have been removed within 7 years total (by 2009). Now, NerTamid has
determined on their own that the dilapidated trailers are good enough for
this neighborhood.
The preschool is located within 200 feet or so from our family room and
kitchen living area (see included photo). The children's playground is a
noise nuisance for us with the 85 children. Expanding the preschool from
85 to 153 children will aggravate the noise issues that we are currently
forced to live with.
Conditional Use Regulation 17.48070 Findings required before
granting or altering permit (paragraphs B, E, G, & H): Clearly the
expansion of the preschool to 153 students is harmful to neighborhood
characteristics, injurious to properties, and is contrary to the adopted
general plan for Rural Residential C.
Conditional Use Permit 17.48.080 Lapse of a Use Permit: States that the
permit shall become void two years following date permit was approved,
unless prior to expiration of two years a building permit is issued and
construction is commenced and diligently pursued toward completion. Ner
Tamid is 15 years into this process with no timeline or apparent intent to
complete the project as previously committed.
25 of 27 October 3, 2017, Item # 3.1
Conditional Use Regulation 17.48.110 Suspension and revocation: This
section should apply because of NerTamid's failure to comply with the
original CUP granted them.
I believe it is time thatthe City of Poway requires that NerTamid performs
pursuantto the Conditional Use Permits.
Thank you for your consideration. This is written in the spirit of cooperation,
supporting the growth of a beautiful Poway, and being a good neighbor.
Best regards,
James & Cathy Wright
View looking south just outside our family room.
26 of 27 October 3, 2017, Item # 3.1
Bruce and Lois Harris
12519 Alcacer Del Sol
San Diego, CA 92128
September 9, 2017
City of Poway
P.O. Box 789
Poway, CA 92074-0789
RE: Ner Tamid Conditional Use Permit 17-001 and Development Review 17-001
We recently received notification from the City of Poway that Ner Tamid North County Conservative
Synagogue is requesting to modify its Conditional Use Permit (CUP) by adding two modular classroom
buildings for the preschool that is currently located on its property. In addition, there is request to
permit the enrollment to grow from the current 85 students to a maximum of 153 preschool and
elementary school students.
As neighbors of this property, these requests present some concerns:
This property is zone Rural Residential C, which is not supposed to permit commercial use.
However, the preschool is not part of Ner Tamid's religious school. It is a private, commercial
business.
The 2002 Conditional Use Permit allowed a 50 -student religious school. Today's neighborhood
meeting proposes a 153 -student commercial preschool/elementary school.
At 2880 square feet, these proposed buildings are of significant size and impact.
An additional 68 students will increase the noise pollution in our neighborhood during the
children's outdoor playtime. Notice that their play area is closest to our neighborhood.
This is a profound change from the original approved permit. It is not in harmony with the site,
nor the RR -C low density residential zoning of the property.
The Synagogue has referred to these units as "trailers," yet they view them as permanent
structures. Is there any plan or requirement for the proper maintenance of the additional
modular classrooms?
The existing "temporary" modular units that the Synagogue uses for administrative offices and
its religious school have been poorly maintained. These buildings are unsightly and are highly
visible from our property.
The existing modular structures/trailers have a negative impact on the value of nearby homes
with views of the unsightly "trailer" park.
The original 2002 permit for building on this property allowed temporary structures for administrative
offices and the Synagogue's religious school. The timeline (with extensions) for constructing
permanent structures and removing all of the temporary modular units ended in 2014. Yet, the
dilapidated modular units are still there and Ner Tamid is asking to add more "trailer" units.
Thank you for considering our input and concerns before making a decision on this CUP modification
request.
27 of 27 ATTACHMENT H October 3, 2017, Item # 3.1
DCOUNCILCity of Poway
AGENDA REPORT
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
DATE: October 3, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Robert Manis, Director of Development Services
CONTACT: Jason Martin, Senior Planner/`
858) 668-4658 /'martin poway.org
SUBJECT: Conditional Use Permit 17-014; a proposal to
establish outdoor storage at 13610 Stowe Drive
Summary:
Conditional Use Permit (CUP) 17-014 is a proposal to establish outdoor storage as an
accessory activity for a new moving and storage business that will occupy a new building
which will soon begin construction in the Light Industrial (LI) area of the Poway Business
Park. The new business is permitted by right at this location, however, the outdoor
storage requires approval of the CUP by City Council.
Recommended Action:
It is recommended that the City Council approve CUP 17-014, subject to the conditions
of approval in the Resolution included as Attachment A.
Discussion:
A real estate representative for the new business is the applicant on this proposed CUP,
and the owner of the site is Poway Stowe Properties LLC. The site is located at 13610
Stowe Drive and is in the LI area of the South Poway Specific Plan (SPSP). The site
location and zoning map is included as Attachment B.
The site is currently vacant; however, construction is expected to begin in the coming
weeks pursuant to the approval of Development Review (DR) 16-013. The development
will consist of an approximate 61,000 square -foot warehouse and distribution building,
parking and circulation areas, and miscellaneous site improvements. The new business
intending to occupy the new building is a moving and storage business that needs a
certain amount of outdoor area to store shipping containers.
In 2014 the SPSP, which is the regulatory document for Poway Business Park, was
amended to create provisions to conduct limited outdoor storage associated with
industrial uses, subject to certain criteria and with staff approval. The SPSP also includes
a provision that allows an individual to request City Council approval of a CUP for outdoor
storage that does not meet the specified criteria. In this case the applicant is proposing
outdoor storage that would not be screened by a wall or fence.
1 of 10 October 3, 2017, Item # •,%
8
I
CUP 17-014
October 3, 2017
Page 2
The site plan showing how the site will be developed, and the area for proposed outdoor
storage, is included as Attachment C. An elevation of the east facing building wall with
an outline showing the area for proposed outdoor storage is included as Attachment D.
The proposed outdoor storage area would not occur within required parking spaces,
would not obstruct emergency vehicle access or other vehicle circulation, and would not
be stacked higher than 22 feet, which is more than 15 feet lower than the building height.
The outdoor storage area is situated towards the rear (northeast area) of the site and will
consist primarily of stacked shipping containers. There are existing trees along the
southerly site frontage as well as on the adjacent site. The topographic change and the
construction of the new building between the storage area and the street will minimize
visibility from Stowe Drive. The site also has street frontage on Crosthwaite Circle,
however, there is no street access due to significant topographical difference between
the pad elevation and the street. The storage area will not be readily visible from
Crosthwaite Circle because of the grade differences. It is also important to note the two
sites across the street to the north of the subject site are designated for outdoor storage.
One site is occupied by a shipping container storage business and the other is the City's
Public Works storage yard and the site of the Fire Department's fire training tower. The
storage will be partially visible to the site immediately to the east. The visibility will be
partly obscured by existing vegetation and the visibility would be from the rear of the
buildings where loading docks are situated and where truck parking occurs. Based on
these circumstances, the outdoor storage would not create a significant visual impact.
Environmental Review:
The proposed project is covered by the certified Final Environmental Impact Report (EIR)
dated July 30, 1985, and the Final Subsequent EIR dated July 26, 1988, for the South
Poway Specific Plan (SPSP), therefore, additional environmental review for this project is
not required.
Fiscal Impact:
None.
Public Notification:
A public notice was published in the Poway News Chieftain and mailed to property owners
and occupants located within 500 feet of the project site.
Attachments:
A. Resolution
B. Zoning and Location Map
C. Site Plan
D. Exterior Elevation
2 of 10 October 3, 2017, Item #,$.2
CUP 17-014
October 3, 2017
Page 3
Reviewed/Approved By: Reviewed By: Approved By:
W4 L
Wend aserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
3 of 10 October 3, 2017, Item #
RESOLUTION NO. P -17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 17-014
ASSESSOR'S PARCEL NUMBER 317-280-68
WHEREAS, an application has been submitted, on behalf of Coleman World
Group, requesting approval of a Conditional Use Permit (CUP) to establish an outdoor
storage area at 13610 Stowe Drive, in the Light Industrial (LI) area of the Poway Business
Park; and
WHEREAS, on October 3, 2017, the City Council held a duly advertised public
hearing to solicit comments from the public, both for and against, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the proposed project is covered by the
certified Final Environmental Impact Report (EIR) dated July 30, 1985, and the Final
Subsequent EIR dated July 26, 1988, for the South Poway Specific Plan (SPSP),
therefore, additional environmental review for this project is not required.
Section 2: The findings, in accordance with Section 17.48.070 of the Poway
Municipal Code (PMC) for CUP 17-014, are as follows:
A. The location, size, design, and operating characteristics of the proposed use are
in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use
Permits Regulations), the General Plan, and the development policies and
standards of the City in that outdoor storage is allowed in the LI zone with a CUP
and the storage has been situated on the site to minimize its visibility.
B. The location, size, design, and operating characteristics of the proposed use will
be compatible with and will not adversely affect or be materially detrimental to
adjacent uses, people, buildings, structures, or natural resources in that the
outdoor storage has been situated to minimize its visibility.
C. The proposed use is in harmony with the scale, bulk, coverage, and density of,
and is consistent with the surrounding development, in that the outdoor storage
has been situated so that it does not obstruct required on-site parking or
emergency vehicle access.
D. There are adequate public facilities, services and utilities available at the subject
site to serve the proposed use.
4 of 10 ATTACHMENT A October 3, 2017, Item # S..Z,
Resolution No. P -17 -
Page 2
E. There will not be a harmful effect upon desirable neighborhood characteristics in
that the outdoor storage has been situated to minimize its visibility.
F. The generation of traffic will not adversely impact the capacity and physical
character of the surrounding streets and/or the Circulation Element of the General
Plan in that this use will not generate more traffic than that associated with a typical
industrial use.
G. The site is suitable for the type and intensity of use and development, in that the
project site will be developed with industrial building and establishment of the
outdoor storage will not generate more traffic than that is associated with typical
industrial uses.
H. There will not be significant harmful effects upon environmental quality and natural
resources in that the site is currently fully developed and contains no natural
habitat.
There are no relevant negative impacts of the proposed use that cannot be
mitigated.
J. That the impacts, as described in subsections A through I of this Section, and the
proposed location, size, design, and operating characteristics of the proposed use
and the conditions under which it would be operated or maintained, will not be
detrimental to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity, nor be contrary to the adopted General
Plan.
K. That the proposed conditional use will comply with each of the applicable
provisions of this title.
Section 3: The City Council hereby approves CUP 17-014 to establish outdoor
storage on the site located at 13610 Stowe Drive, as shown on approved plans on file at
the City, subject to the following conditions:
A. Approval of this CUP shall apply only to the subject project and shall not waive
compliance with all other Sections of the Zoning Ordinance and all other applicable
City Ordinances in effect at the time of Building Permit issuance.
B. The applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents,
officers, or employees, relating to the issuance of this permit including, but not
limited to, any action to attack, set aside, void, challenge, or annul this
development approval and any environmental document or decision. The City may
elect to conduct its own defense, participate in its own defense, or obtain
5 of 10 October 3, 2017, Item # 3
Resolution No. P -17 -
Page 3
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.
C. Within 30 days of the date of this approval, the applicant shall submit in writing that
all conditions of approval have been read and understood, and a deed covenant
with these conditions of approval shall be recorded on the property.
D. The use conditionally granted by this approval shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding uses.
E. The terms and conditions of CUP 17-014 shall be binding upon the permittee and
all persons, firms and corporations having an interest in the property subject to
these permits, and the heirs, executors, administrators, successors, and assigns
of each of them, including municipal corporations, public agencies and districts.
F. CUP 17-014 shall be subject to annual review, as determined by the Director of
Development Services, for compliance with the conditions of approval and to
address concerns that may have occurred during the past year.
G. The site shall be kept in an orderly and well-maintained condition at all times.
Section 4: The approval of CUP 17-014 shall expire on October 3, 2019, at 5:00
p.m. unless, prior to that time, establishment of the use on the property in reliance on this
CUP approval has commenced prior to its expiration.
Section 5: 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.
6 of 10 October 3, 2017, Item # 3-J,
Resolution No. P -17 -
Page 4
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 3rd day of October 2017.
Steve Vaus, Mayor
ATTEST:
Nancy Neufeld, CMC, City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN DIEGO )
I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. P-17- was duly adopted
by the City Council at a meeting of said City Council held on the 3rd day of October 2017,
and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Nancy Neufeld, City Clerk
City of Poway
7 of 10 October 3, 2017, Item # 3-a
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CITY OF POWAY
Zoning / Location Map
Item: CUP17-014
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8 of 10 ATTACHMENT B October 3, 2017, Item # 3.2
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City of Poway
COUNCIL AGENDA REPORT
DATE:
TO:
FROM:
CONTACT:
October 3, 2017
APPROVED
APPROVED AS AMENDED
SEE MINUTES)
DENIED
REMOVED
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services
Joseph Lim, City Planner858) 668-4604 orjlim@po org
SUBJECT: Pre -Development Conference (PDC) 17-003: A request to consider
a rezone from Commercial Neighborhood (CN) zone to Commercial
General (CG) zone at 14251 Garden Road
Summary:
The property owner, Roben Mansur, is considering pursuit of a zoning and land use
designation change on the site from Commercial Neighborhood (CN) to Commercial
General (CG), which would allow him to submit a conditional use permit application to
provide vehicle/truck rental (U -Haul rentals) services at 14251 Garden Road. The owner
is seeking City Council feedback on the proposal.
The review of PDC 17-003 is considered advisory only. The City Council will not render
any decision. If the Proponent wishes to proceed with an application, it is with the
understanding that the City Council has made no representation upon which the
Proponent may rely. The Agreement of Understanding is included as Attachment A.
Recommended Action:
It is recommended that the City Council provide input and direction regarding the request.
Discussion:
The CN zoned site is located on the southwest corner of Garden Road and Claire Drive
and currently has a liquor/convenience store business, known as California Keg and
Liquor, and a single family residence. Properties to the north, south and west are zoned
CG. Uses on those properties include offices and public storage to the north and a church
on the south and west. The property to the east is also zoned CN and contains a retail
feed store. (Attachment B and C)
In 2004 a Conditional Use Permit (CUP) and Minor Development Review Application
MDRA) were approved by City Council to allow the liquor store and an expansion to what
was then a nonconforming use. In 2011 an Outdoor Display Permit (ODP) was approved
that allows propane tank display and exchange on the outside of the building. The
existing house is legal nonconforming in that mixed use/residential developments are not
permitted in the CN zone and the house does not have a required 2 -car garage.
In addition to the existing liquor store, the property owner would like to change the land
use designation to CG so that he may request establishment of a U -Haul rental for up to
1 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 2
six vehicles at the site. Per the requirements of the Poway Municipal Code, equipment
rental may permissible in the CG zone with approval of a CUP.
The site currently contains an 1,820 -square foot liquor store and an 810 -square foot
single-family residence. The liquor store was constructed in 1950, and the house was
moved onto the site in 1954. The site was developed prior to City incorporation. A block
wall on the east side of the house separates the house from the 50 -foot drainage
easement that exists on the property. The drainage easement runs north to south from
Garden Road toward the south property line.
The property owner would like to park the rental vehicles on the southeastern portion of
the site. That area is approximately 1,900 square feet in size and is currently a gravel
surface used for overflow parking for both the commercial and residential use. There are
also currently steel bollards connected with chain link which roughly delineates the
property boundary.
Over the years several improvements have been completed to allow for some of the
additional retail uses, such as landscaping the corner of Garden Road and Claire Drive,
paving and restriping of the parking lot, screening of rooftop equipment and other exterior
building improvements. If the property were to be rezoned and the property owner
pursued a conditional use permit for the U -haul rental, staff would recommend that
additional improvements be completed to the property, including paving of the area where
the rental vehicles would be parked as well as some additional landscaping, curb and
gutter improvements along remaining frontage of Claire Drive.
The CN zone is intended to contain uses which provide limited retail, business service
and office facilities for the convenience of neighborhood residents and are intended to be
compatible with a residential environment. Whereas, the CG zone is intended to allow
establishment of a broader range of commercial retail and service uses that may serve
residents beyond the neighborhood in which it is located.
While the property is not immediately adjacent to any residential or other sensitive uses
except the one located on site, changing the zoning of the property would allow for other
principally permitted and conditionally permitted uses that may otherwise not be allowed.
Though changing the zoning of the property to CG would allow other uses not currently
allowed on this property, it would not be introducing allowable new uses to the area since
adjacent properties to the north, south and west are already zoned CG. Changing the
zoning to CG would also allow for the expansion of the legal nonconforming house with
a conditional use permit, which would be prohibited with the current CN zoning
designation. The following table highlights uses that differ between the CN and CG zone
Permitted (P), Conditionally Permitted (C), Minor CUP (M), Prohibited (X)]:
Use CN CG
Veterinary offices and animal hospitals with boarding X C
Catalog showrooms/stores X P
Hardware and home improvement stores with outside sales lot X C
2 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 3
Mail order businessesX P
Swimming pool supplies X P
Bakeries with on-site retail (may include limited baking for sale M P
elsewhere)
Supermarkets X P
Restaurants and similar establishments engaged primarily in the retail C P
sale of prepared food and alcoholic beverages primarily for on -premises
consumption (without drive-in or drive-through), except those serving
primarily alcoholic beverages without food
Live entertainment as an accessory use to an eating or drinking X M
establishment listed above unless otherwise authorized pursuant to
PMC 17.26.020. Temporary Uses
1 Bowling centers X C
Dance, aerobic exercise, music and martial arts studios M P
Recreation facilities such as billiard parlors, batting cages, skating rinks X C
and other large interiorsporting uses
Motion picture and live theaters X C —,
Blueprinting and large press printing services X P
Drive-in business, excluding theaters and restaurants with drive-in or X P
drive-through facilities
Equipment rental X C
Funeral parlors C P
Furniture repair (not in conjunction with furniture sales_) X C
Newspaper and magazine printing and publishing X P
Party supply and rental X P
Photocopying and small off -set printing centers M P
Recycling_ centers X C
Small animal boarding kennels X C
Auto parts stores X P
Car rental (where there is adequate parking to allow the storage of rental X P
vehicles in addition to arking required for other uses on the site)
Boat and recreational vehicle sales and rental (except as permitted by X C
TUB
Boat and recreational vehicle repair and service (also when in X C
conLunction with sales)
Car washes, except as accessory to gasoline service station X C
Drive-through quick lube facilities ; X C
Motor vehicles repair and service including but not limited to X C
automobiles, trucks, and motorcycles (also when in conjunction with I
sales
Tire sales and service as a freestanding use X C
Vehicle towing companies and storage lots X C
Mixed-use developments which include dwelling units with any other X C
Lermitted or conditional use
Hotels, motels and single room occupancy buildings X C
3 of 7 October 3, 2017, Item # 4.1
Pre -Development Conference 17-002
October 3, 2017
Page 4
Small animal boarding (see PMC 17.10.140(D) and Chapter 17.34 X ! C
PMC) ITobaccoshopsX1_ C
Given the size of the property it is unlikely that some of these uses would be developed
on this site, however, changing the zone would open the possibility of certain uses being
established that would otherwise not be permitted in the CN zone.
Fiscal Impact:
None.
Environmental Review:
This item is not a "Project' pursuant to the California Environmental Quality Act (CEQA),
and is therefore not subject to CEQA review.
Public Notification:
A copy of this report was sent to the Proponent.
Attachments:
A. Agreement of Understanding
B. Zoning and Location Map
C. Aerial Map
Reviewed/Approved By: Reviewed By: Approved By:
Wen4 Kaserman Morgan Foley Tina M. White
Assistant City Manager City Attorney City Manager
4 of 7 October 3, 2017, Item # 4.1
AGREEMENT OF UNDERSTANDING
City Council for the City of Poway, hereinafter referred to as "City" and
P,U b P N /u vti 5 V -v'— , hereinafter referred to as "Proponent"
enter into this Agreement of Understanding based upon the following facts:
Proponent owns or has an equitable interest in land described by tax Assessor's
Parcel Number(s) 3 2 3 0 6 01 2 2 . Proponent desires to develop
this property in accordance with the will of the City and without the expense of a
protracted development.
City is concerned that Proponent will create development plans unsatisfactory to
City and consume time and effort of City employees needlessly on unsatisfactory
development plans unless City assists in directing Proponent. Based upon the above-
mentioned facts, City will grant Proponent a hearing prior to filing any application for
development upon the following understanding:
a. City will render no decision with regards to any development proposal or part
thereof.
b. City will receive no evidence, specific in nature, in support of a particular
development plan.
c. City will make no representations that will obligate the City to render a decision in
favor of or against any development proposal or part thereof Proponent may
subsequently submit.
d. If any development proposal is subsequently submitted, Proponent will proceed
at its sole and exclusive risk with the understanding that City has made no
representations upon which Proponent may rely.
Dated: c27 ! Proponent: /
u're
5 of 7 ATTACHMENT A October 3, 2017, Item # 4.1
13110 — 13131
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Zoning Map
14251 Garden Road
Print Date: Map Scale:
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6 of 7 ATTACHMENT B October 3, 2017, Item # 4.1
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Zoning Map
14251 Garden Road
Print Date: Map Scale:
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6 of 7 ATTACHMENT B October 3, 2017, Item # 4.1
7 of 7 ATTACHMENT C October 3, 2017, Item # 4.1