04-15-14 Agenda PacketCity of Poway-City Council Agenda-April15; 2014
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 March 3 through
March 7, 2014 and March 10 through March 14, 2014.
1.3 Approval of the April 1, 2014 Regular City Council Minutes.
1.4 Approval of Agreement with Carollo Engineers, Inc., for Engineering Services for
the Water Distribution System Maintenance and Rehabilitation Assessment (CIP
#1701).
1.5 Award of Contract to Anton's Service, Inc., the lowest responsible bidder for the
Bowron Sidewalk Project, in the amount of $18,500.00; Bid No. 14-013 (CIP No.
0411 ).
1.6 Approval of a Resolution entitled, "A Resolution of the City Council of the City of
Poway, California, Appointing Mark Weston as its Representative to the Board of
Directors of the San Diego County Water Authority."
1.7 Approval of a Resolution entitled, "A Resolution of the City Council of the City of
Poway, California, Authorizing the Automatic Renewal of the Cooperation
Agreement between the County of San Diego and the City of Poway for
Participation in the Community Development Block Grant Program for an
Additional Three Consecutive Periods Covering July 1, 2015, through June 30,
2018."
1.8 Approval of a Resolution Terminating the Bid Process for the Pmchase of Eleven
(11) Vehicles Three (3) SUV Type, Two (2) Pickup Type and Six (6) Cab and
Chassis (RFB 14-006); and, Authorizing Open Market Purchasing or Competitive
Negotiations. (Requires four-fifths vote of City Council)
1.9 Approval of a Resolution Terminating the Bid Process for Purchase of the
Construction and Installation of Six (6) Truck Bodies (RFB 14-007); and,
Authorizing Open Market Purchasing or Competitive Negotiations. (Requires four-
fifths vote of City Council)
1.10 Second Reading and Adoption of Ordinance No. 769 entitled, "An Ordinance of the
City of Poway, California, Amending Sections 9.48.130, 9.48.270, and 9.48.310 of
Chapter 9.48 of the Poway Municipal Code, Regarding Community Services
Department Facility Use Rules and Regulations."
Page 2
City of Poway-City Council Agenda-April15, 2014
2. ORDINANCE (Ordinance(s) that do not require a Public Hearing)
2.1 None.
3. PUBLIC HEARING
3.1 Adoption of a Resolution of Intention to Establish Underground Utility District No.
67, along a Portion of Espola Road.
City Manager's Recommendation: Take public input; close the public hearing
and adopt a resolution entitled "A Resolution of the City Council of the City of
Poway, California, Declaring the Intention to Establish Underground Utility District
No. 67."
3.2 Adoption of a Resolution of the City of Poway Adopting the TransNet Local Street
Improvement Program List of Projects for Fiscal Years 2014/2015 through
2018/2019.
City Manager's Recommendation: Take public input; close the public hearing
and adopt a resolution entitled "A Resolution of the City Council of the City of
Poway, California, Adopting the TransNet Local Street Improvement Program List
of Projects for Fiscal Years 2014/2015 through 2018/2019."
3.3 Adoption of Resolutions Establishing the Community Services Department Rules
and Regulations Policy, Programming and Facility Use Fee Policy, and Updating
the Community Services Section of the Master Fee Schedule.
City Manager's Recommendation: Take public input; close the public hearing
and adopt a Resolution Establishing the Community Services Department Facility
Use Rules and Regulations Policy, and Repeal Resolution No. 07 -088; Adopt a
Resolution Establishing the Community Services Department Programming and
Facility Use Fee Policy, and Repeal Resolution No. 07-089; and, Adopt a
Resolution Amending the Master Fee Schedule to Update the Community Services
Fees, and Repeal Resolution No. 12-024.
4. STAFF REPORT
4.1 Adoption of a Resolution Requiring Additional Public Noticing for Public Hearings.
City Manager's Recommendation: Adopt a resolution entitled "A Resolution of
the City Council of the City of Poway, California, Requiring Additional Public
Noticing for Public Hearings."
4.2 Approval of Employment Agreement for the City Manager.
City Manager's Recommendation: Authorize the Mayor to execute the City
Manager Employment Agreement between the City of Poway and Daniel Singer,
with such changes as may be approved by the City Council and Mr. Singer.
Page 3
Item 1.1
Approval of Reading by Title
Only and Waiver of Reading in
Full of Ordinances on Agenda.
2 of 22
Warrant Report
April15 , 2014
Page 2
Date
March 10 through March 14
Amount
$2,341 ,451 .02
Warrants for amounts in excess of $100 ,000 for this period include :
Wa rrant
Ja n uary 20 14 Law Enforcem en t Services
Federal Farm Credit Bank I nvestment
F i s c al Impact:
Check Number
00224563
00903017
Amount
$ 828 ,281.47
$1 ,001 ,033.33
The total amount of warrants for the period of March 3 through Ma rch 7, 2014, is
$1 ,937.565.89.
The total amount of warrants for the pe riod of March 10 through March 14 , 2014 , is
$2 ,341 ,451 .02 .
Environmenta l Review:
This item is not subject to CEQA review .
Public Notification:
None
Attachments :
Warrant Register for the period of March 3 through Ma rch 7 , 2014
Warrant Register for the period of March 10 through March 14, 2014
April15, 2014 Item# 1.2
w The City of Poway Director of Administrative Services Submits the Following Register of Run Date: 06-Mar-1 4
0 .... Demands for the period 3/312014-31712014 and Recomme11ds its Ratification/Approval: Page: I of9
N
N
Check
N umber Date Pa~ee/Vendor Invoice Comment Fund Orfl.n Acct Profl. Ch eck Amt
00224353 07-Mar-14 @00000012 A M Best Company 2936147 2014 Best's Rating Reference Guide 100 8644 -1.60
2936147 2014 Best's Rating Reference Guide 100 0012 4924 100 24 .95 ---------2936147 2014 Best's Rating Reference Guide 100 0012 4924 100 1.60 ------
Total for Check 00224353 24.95
00224354 07-Mar-14 @00005371 AO Reed& Co 231225 Remove and dispose of e~sting water heater. 100 0419 4120 300 6 ,450.00 --
231273 PCPA -3 Programmable Thermostats 100 0419 4302 300 799.02
77896 Library: HVAC Maintenance Services 100 0206 4302 400 1,078.67 -----77897 PCPA: HVAC Maintenance Services 100 0204 4302 400 2,674.67
77898 City Facilities: HVAC Maintenance Services 100 0419 4302 300 5,477.67
Total for Check 00224354 16,480.03
00224355 07-Mar-14 @00004762 Abcana Industries 937732 Chemicals for Pool 100 0203 4502 400 1,050.79
00224356 @00010321 Advanced Web Offset, Inc. 14-0484 Poway Today Spring 2014 100 0013 4922 100 2 ,279.00
00224357 @00000061 Agricultural Pest Control 326125 Pest Control Various Parks 2128/14 100 0418 4120 300 855.00
327048 Pest control 2128114 -various city buildings 100 0419 4304 300 514.00
Total for Check 00224357 1,369 .00
00224358 07-Mar-14 @00002106 Airgas USA . LLC 9024504304 Chemicals for Pool 100 0203 4502 400 342.94
9024743057 Chemicals for Pool 100 0203 4502 400 238.96
Total for Check 00224358 581 .90
00224359 07-Mar-14 @00000067 Akron Brass Company 3798861 Apparatus repair 100 0501 4308 200 632.16 ---------
00224360 @00000079 All star Fire Equipment . Inc 171663 Fire equipment parts 100 0501 4308 200 220.70 ----
00224361 @00000099 American Backflow Specialties Inc INV29035 Backflow Cage for the Pond 100 0418 4770 300 558.58
INV29046 Cross-Connection : Backflow testing parts 510 0404 4760 300 157.48
> Total for Check 00224361 716.06
~0224362 07-Mar-14 @00004833 Aquatic Design Systems , Inc 27511 Library Aquarium Maintenance-February 100 0206 4304 400 265.74
'1702 24363 @00005241 Aramarl< Un ifonn Services Inc 588-6506560 Parks: Mats & Uniforms 100 0418 4928 300 15.14 ---~CII 588-6506560 Parks: Mats & Uniforms 100 0419 4 120 300 1.84
N 588-6517570 Towels and mats for Sta 3 100 0501 4928 200 26.44
0 588-6517574 Towels and mats for Sta 2 100 0501 4928 200 14.25 ....
~ ----~---588-6517576 Fleets: Mats, Shop Towels & Uniforms 611 0413 4928 300 14.65 ;:; -----588-6517576 Fleets: Mats, Shop Towels & Uniforms 100 0419 4120 300 22.01 (I) -----3 588-6517577 Wk 2/26/14: Util Sys & WTP uniforms; mats 510 0402 4928 300 16.38 --U: 588-6517577 Wk 2/26/1 4 : Util Sys & WTP uniforms; mats 510 0401 4928 300 21.72 ....
588-6517577 N Wk 2126/14 : Util Sys & WTP uniforms; mats 100 0419 4120 300 5 .52
588-6517578 Warehouse: Uniforms 510 0410 4928 300 2 .56
~ Register of Demands Page 2 of 9
0 Warrant s From 313120 14-317120 14 -Check N
"!vumber Date Pat.,ee!Vendor Invoice Comment Fund Org_n Acct Prog_ Check Ami
00224363 07-Mar-14 @00005241 Aramark Uniform Services Inc 588-6517579 Facilities: Mats & Uniforms 100 0419 4928 300 2 .65 -------------
588-6517579 Facilities: Mats & Uniforms 100 0419 4120 300 2 .30 ----------588-6517580 Wk 2/26/14 : Water Distribution uniforms 510 0404 4928 300 15.51
588-6517581 Wk 2/26/14 : WW CollecURecycled wtr uniforms 510 0406 4928 300 1 .94
588-6517581 Wk 2/26/14: WW CollecURecycled wtr uniforms 520 0405 4928 300 12.88 --588-6517582 Streets: Uniforms 211 0411 4928 300 92.74
588-6517583 Parks: Mats & Uniforms 100 0419 4120 300 7.74 --588-6517583 Parks: Mats & Uniforms 100 0418 4928 300 16.96 -------------588-6517584 Facilities: Mats 100 0419 4120 300 143.24
588-6517586 Wk 2/26/14: Meter Readers uniforms 510 0401 4928 300 4 .07
588-6517587 Storm Water: Uniforms 231 0412 4928 300 13.42
588-6517588 Weekly Mat Service-PCPA 100 0204 4928 400 17.08 ----588-6517591 Towels and mats for Sta 1 100 0501 4928 200 12.75
Total for Check 00224363 483 .79
00224364 07-Mar-14 @00005241 Aramark Uniform Services Inc 15641450 Dock Attendant Uniforms 100 0202 4928 400 80.24 ------------00224365 @00005974 ASAP Consulting, Inc 2014-01 IT Consulting -Finance/HR Reporting 100 0104 1712 100 3,200.00 -~~--00224366 @00010111 AT&T 5113922 OPP Train Depot Line (858) 391 -0248-Feb 201 100 0205 3310 400 45.86
5157324 lrrig Ctr18583850256713 1/24/14-2/13/14 100 0418 2200 300 16.30 --
5157325 C602221879777 Group Bill 100 0204 3310 400 139.67 ----5157325 C602221879777 Group Bill 100 0205 2200 400 90.49
5157325 C602221879777 Group Bill 510 0402 3310 300 35.77
5157325 C602221879777 Group Bill 100 0501 3310 200 31.20 --5157325 C602221879777 Group Bill 100 0202 3310 400 31.46
5157325 C602221879777 Group Bill 271 0429 2200 300 16.30 ------5157325 C602221879777 Group Bill 275 0470 2310 300 16.61
-~ -------5157325 C602221879777 Group Bill 100 0418 2200 300 49.21
5157325 C602221879777 Group Bill 520 0403 2310 300 16.61
5157325 C602221879777 Group Bill 510 0410 3310 300 92.68 )>
5157325 C602221879777 Group Bill 100 0106 2200 100 1,658 .79 "0
~-5157325 C602221879777 Group Bill 100 0201 3310 400 61 .72
~ 5157325 C602221879777 Group Bill 510 0404 3310 300 16.71 (11 . 5157325 C602221879777 Group Bill 100 0106 3310 100 1,348 .67 N
0 5157331 858-679-0942 Alarm Lines 100 0106 3310 100 46.28 ~ -----~ 5157332 858-679-2045 General Services 100 0106 3310 100 14.85
::; 5157333 858-679-2182 General Services 100 0106 3310 100 14 .85
CD -------
3 5157334 Comm Park Fax Line (858-679-2710) Feb 2014 100 0208 3310 400 46.56 ----------
=It 5157336 858-679-3008 City Hall-Data Line 100 0106 3310 100 14.85 -----
~ 5157338 858-679-4689: WTP fire sprinkler alarm lines 510 0402 3310 300 59.86
N 5157340 Meadowbrook Alarm (858) 679-4957-2/14 100 0201 3310 400 46.28
en Register of Demands Page 4 of 9
0 Warram s From 3/312 0 14-3/7/20 14 -Check N
"Number Date Paj_ee!Vendor Invoice Commen t Fund Ors.n Acct Pro G. CheckAmt
00224392 07-Mar-14 @00000949 Culligan Water Cond itioning 951002 FY 2013/2014 Twin Water Softener System rent 510 0402 4502 300 5.00 ---Total for Check 00224392 509.74
00224393 07-Mar-14 @00000301 D & D Services Inc. 71146 Dead animal removal services 100 0301 4120 100 1,850.00
00224394 @00004524 D-Max Enginee ring Inc 2616 Dry weather monitoring & as-needed storm 100 0308 4120 100 1,580.00 -----
00224395 ----De laney, Mary Jane 2008065.001 Deposit Refund OPP Permit# 13391 100 0205 7471 400 184.00 -·-00224396 @00010659 DLM Eng inee ring, Inc. STI13-001 fire flow/fire sprinkler analysis for Lowes 100 0305 4122 100 4 ,050.00
00224397 @00010620 Dunn Edwards Pa ints 2072080737 Water Dist: Hi-Vis Ylw fire hydrant paint 510 0404 4760 300 87.86
00224398 @00010959 East County San Diego Soccer Shots 2443.300-01 .14 Instructor Payment Winter 2013/14 100 0208 4118 400 705.60
00224399 @00005838 ElderHelp of San Diego DECEMBER 2013 HomeShare Program oversight and administrati 5961G 5000P 1799 600 7,529.04
JANUARY 2014 HomeShare Program oversight and administratl 5961G 5000P 1799 600 6,237.66
Total for Check 00224399 13.766.70
00224400 07-Mar-14 @00006995 Enniss Inc. 388579 Washed concrete sand 211 0411 4520 300 673.47 -----~ ---
00224401 @00010768 Es ri Inc. 92771815 ESRI GIS Software Maintenance 100 0104 4120 100 19,050.00 ------
00224402 @00006933 Fastenal Company CAPOW29569 Water fountain push valve 100 0419 4760 300 708.10
CAPOW29651 Stainless Steel Washers & Nuts 100 0419 4760 300 64.57 -----CAPOW29738 WTP: 3/4"x100ft commercial duty hose , 400psi 510 0402 4516 300 121 .24 --CAPOW29741 Cap Screws 100 0419 4760 300 12.38
Total for Check 00224402 906.29
00224403 07-Mar-14 @00001144 Ferguson Waterworks 0466113 Straw Wattle 9x25 100 8189 129.60
0466134 Brass Hydrant Caps 1 1/2" 510 8189 230.31
0466341 Fire hydrant repair: 4x4x2-1/2 hydrant spool 510 0404 4760 300 3,032 .81
Total for Check 00224403 3 ,392 .72
00224404 07-Mar-14 @00000915 Fire Etc. 58211 Apparatus equipment 100 0501 4308 200 24.77 ----. -----
00224405 @00001109 Full Compass Systems Ltd . 5019447 Assistive listening Headphones & Lanyards 100 0204 4760 400 335.31 ----
5019447 Assistive Listening Headphones & Lanyards 100 0204 4760 400 25.48 --
5019447 Assistive Listeni~ Headpho~s !_Lanyards 100 8644 -25.48
)> ----
"0 Total for Check 00224405 335.31
::::!.
]0224406 07-Mar-14 -Green Tech LLC G12-0010 release of remaining plan check/inspection dep 763 0399 5980 900 1,746.00
C1l G12-0010 release of remaining plan check/inspection dep 763 0399 5980 900 1,964.00 -N Total for Check 00224406 3 ,710.00 0 ..a.
~224407 07-Mar-14 @00010752 Hadronex Inc . 2843 WW Collect : SmartCover PowerPack svc 1/30/1 520 0405 4120 300 120.00
~224408 @00001272 Employee SH.030414 Reimburse for DMV Physical 100 0501 4916 200 75 .00 -----------
:!f0224409 @00001447 Heaviland Enterp rises In c 14183 FY14 Landscape Maintenance Service at variou 510 0402 4116 300 1,374.41 ------
::fil0 224410 @00005500 Hill Brothers Chem ical Co. 1386669 FY 2013/2014: Aqua Ammonia 510 0402 4502 300 4,459.84 ----~224411 @00001645 Home Depot Commercial Account 0024705 Sr Ctr: Sump pump . mise hardware 100 0419 4760 300 466.66 ...,------
0210877 Sr. Ctr: Trash Cans , ABS Pipe, Els, Vents 100 0419 4760 300 262 .79
~ Register of Demands Page 5 of 9
0 Warrants From 3/3120 14 -317/2 014 -Check N ~umber Date Paj_ee!V endor Invoice Comment Fun d Org_n Acct Pro&, Ch eckAmt
00224411 07-Mar-14 @00001645 Home Depot Commercial Account 1210836 Suspenders 100 8189 68 .86 --1210843 Material to cap off coffee water line 100 0419 4760 300 18.87 ---------
1221981 MtrRdrs: PVC male adapters : CR2032 batteries 510 0401 4760 300 12.05
1221989 No Parking Stands 211 0411 4760 300 307.86
1222008 Hosebib 100 0419 4760 300 11.45 --------2210828 \fiMI Collect: Tustin St job supplies 520 0405 4760 300 15.58 ----2221934 MHY Tarp 231 0412 4760 300 128.52 --------3221919 Water Dist: assorted funnel scepter; 5-gal buck 510 0404 4760 300 15.76 -----------4221889 Drill and Grinder-PCPA 100 0204 4516 400 193.29
4221891 Door Tape-PCPA 100 0204 4760 400 27.35
Total for Check 00224411 1 ,529.04
00224412 07-Mar-14 @00005405 J ohn Zettner Fl oor Covering Inc. 22516 Sr. Ctr: Float & Level Concrete Flooring 100 0419 4120 300 206.00
00224413 @00001306 J RC Printing LLC 32963 legal noticing envelopes 100 0301 4710 100 258.12 -----32968 Paramedic forms 100 0503 4922 200 426.60
33001 Iron Mountain Brochure -1000 copies 100 0418 4922 300 117.72
~ -------Total for Check 0022441 3 802 .44
00224414 07-Mar-14 @00001317 J udicial Data Systems 4343 Parking Activity for City of Poway, January 2014 100 0504 4919 200 100.00
00224415 @00010414 Kaiser Foundation Health Plan of the Mid-AUantlc Stat 201403-102811 Retired Medical Insurance Premium-Mar. 2014 100 8720C 1,753.00
00224416 ---Kennedy,Harrison 2008037 .001 Deposit Refund Aud Permit #13528 100 0208 7471 400 200.00
00224417 @00007079 Koi City 011 -3101 Maintenance: OPP Fountain , OPP Koi , & Aubre 100 0418 4304 300 240.00
011 -3101 Maintenance: OPP Fountain . OPP Koi , & Aubre 100 0206 4304 400 120.00 ---
Total for Check 00224417 360.00
00224418 07-Mar-14 -----Lizarraga,Aiison 2008060.001 Deposit Refund Aud Permit #13577 100 0208 7471 400 200.00 --
00224419 @00004808 Lynn Wolsey Designs 2118/14 Poway Progress Layout March 2014 100 0205 4120 400 100.00 ---------00224420 @00010539 Mail Di spatch 132133 Mall Courier Service -March 2014 100 0106 4120 100 1,007.04 -------
00224421 @00001673 McDougal Love Ecki s Boehmer & Fol ey 84965 Professional services throug~ 11/30/13 100 0012 1702C 100 3 ,650.45 --------
> 84965 Professional services through 11/30/13 100 0012 1702C 100 -818.45
"0 84965 Professional services through 11/30/13 100 0012 1702C 100 -2,832.00 :::!.
85328 Professional services through 1/31 /14 P0.032 100 0012 1702C 100 2 ,199.60 _,
!J1 85329 Professional services through 1/31 /14 P0.159 100 0012 1702C 100 130.50
N 85331 Retainer Fee FY13/14 100 0012 1702A 100 12,000.00
0 85332 Professional services through 1/31/14 PO.SAOO 100 0012 1702C 100 608.00 _,
~ -----
85334 Professional services through 1/31/14 P0.176 100 0012 1702C 100 2 ,848.00
~ co 85396 Professional services through 1/31 /14 P0.156 520 0403 1702C 300 168.00 ---3 85397 Professional services through 1/31/14 P0.168 100 0012 1702C 100 920.00 --~ Total for Check 00224421 18,874 .10 _,
IW224422 07-Mar-14 @00010854 More Than Ready 4011 .301 -04 .14 Instructor Payment Winter 2013/14 100 0208 4118 400 1,430.40
()C)
Register of Demands Page 6 of 9
0 Warrams From 313120 14 -317120 14 -Ch eck N
~umb e r Date Pa_Y ee!Vendor In vo ice Comm ent Fun d OriJ.n Acct Pro/J. Ch eck Ami
00224423 07-Mar-14 @00001840 Napa A uto ParWPoway 920815 V-belt 611 0413 4799 300 -31 .85
~ -~-------
920816 \liMe Set 611 0413 4799 300 -46.43 --921865 Unit •781 : loom 611 0413 4799 300 2 .72
921953 Stock: Ill/heel Weights. Fuel Filters 611 0413 4799 300 58.32 --921954 Fuel . Oil & lube Fillers 611 0413 4799 300 61 .79 ----
921955 Stock: Oil & Air Filters 611 0413 4799 300 79.86
922115 Unit •781 : lube Filter & Spark Plugs 611 0413 4799 300 10.29 ---
922193 Unit •12: Hose 611 0413 4799 300 2 .94 -----· -
922863 Unit #523: wiper blades 611 0413 4799 300 8 .09
Total for Check 00224423 145.73
00224424 07-Mar-14 @00004385 National Safety Compliance. Inc 59254 DOT Testing March 201 4 100 0101 4916 100 527.33
00224425 @00010905 North County Buick Cadillac GMC 136083 Unit #62: handle 611 0413 4799 300 29.15
00224426 @00000775 Office Depot Business Services Division 692281933-001 Office Supplies -2nd Floor 100 0304 471 0 100 6321 --
6934 78436-001 Office Supplies -2nd Floor 100 0304 4710 100 56.57
693518302-001 PW office supplies 510 0401 4710 300 22.63 --
693518302-001 PW office supplies 510 0406 4710 300 35.59
693519441 -001 Old Poway Park Office Supplies 100 0205 4710 400 121 .31
693519458..001 Old Poway Park Office Supplies 100 0205 4710 400 41 .89 --
694434062-001 office supplies 100 0301 4710 100 6 .93
694434062..001 office supplies 100 0303 4710 100 21 .16
694512300-001 Office Supplies 510 0410 4710 300 42.98
694512300-001 Office Supplies 510 0410 4760 300 63.37 --
69451230Q-001 Office Supplies 100 0400 4710 300 30.36
698684483-001 Print Cartridge 100 0418 4710 300 67.33 --
698880079-001 Toner & Copy Paper 611 0413 4710 300 116.79 --~-
Total for Check 00224426 690.12
00224427 07-Mar-14 @00005911 Ohlin Sales Inc 00291660 XS2500 7.5 Batteries 100 8189 382.00 -)> 00291660 XS2500 7.5 Batteries 100 8189 29.60
"C 00291660 XS2500 7.5 Batteries 100 8644 -29.60 ~. ----
...a. Total for Check 00224427 382 .00
U'l
~224428 07-Mar-14 @00010846 Ol son , Joanne 2091 .320-14 Instructor Payment Winter 2013/14 100 0208 4 118 400 696.60
Sj)224429 @00003940 Olympic Coatings 12050 111/TP : Sleeve/powder coat brackets 510 0402 4 760 300 79.38
~4430 -
@00002457 OneSource Distributors 54239881.001 PS-4: AB 150-N FS S MC Dialog P lus current se 510 0402 4 760 300 267.23
~224431 ---
@00010150 Pacific Biomedical 102006 EMS supplies 100 0503 4 740 200 2 ,627.10 -------
:J0224432 ---Paraiso,Oscar 2008066 .001 Deposit Refund Aud Permit #13519 100 0208 7471 400 184.00
~ ---
Wl224433 @00002331 Petty Cash C/0 Public Works Department PW PC 3/4/14 Public Works petty cash replenish -thru 314/201 211 0411 3140 300 20.00 --...a. PWPC 314 /14 Public Works petty cash replenish -lhru 3/4/201 100 0106 4308 100 3.77
N PWPC 314/14 Public Works petty cash replenish -thru 314 /201 100 0418 4924 300 4 1.00
..... Register of Demands Page 8 of 9
0 Warran/s From 31312014 • 31712014
0 Ch eck -~umber Date P aJ:_ee!Vendor Invoice Commen t Fund Orfi.n Acct ProG. Ch eck A mt
00224449 07-Mar-14 @00002312 San Diego Gas & Electric/Sundry 0492013340 2/14 Utilities & Ops Ctr: Reads 1/13-2/11/1 4 510 0402 2110 300 768.37 ---------------0492013340 2/14 Utilities & Ops Ctr: Reads 1/13-2111/1 4 520 0403 21400 300 1,025.35 ---------------04944440039-214 Acct: 0494 444 003 9 275 0470 2130 300 318.63
04944440039-2 14 Acct: 0494 444 003 9 265 0423 2110 300 21 .61
04944440039-214 Acct: 0494 444 003 9 271 0429 2110 300 10.45 --~-04944440039-214 Acct: 0494 444 003 9 264 042.2 2110 300 41 .29 ------04944440039-214 Acct: 0494 444 003 9 266 0426 2110 300 20.56 -
04944440039-214 Acct: 0494 444 003 9 267 0424 2110 300 32.04 ------
04944440039-214 Acct: 0494 444 003 9 269 0425 2110 300 150.39
04944440039-214 Acct: 0494 444 003 9 275 0470 2120 300 927.53
04944440039-214 Acct: 0494 444 003 9 268 0428 2110 300 21 .09
04944440039-214 Acct: 0494 444 003 9 100 0418 2110 300 7 .50 -----------04944440039-214 Acct: 0494 444 003 9 263 0421 2110 300 59.39
5224316782 .214 13094 Civic Center Or-Pool Gas Monthly Charg 100 0203 2110 400 6,477.00
Total for Check 00224449 54,291 .69
00224450_ 07-Mar-14 @0000~0~ San Diego Regional Training Center 12294 Fundamentals of HR Training 100 0101 4908 100 187.00 ----
00224451 @00005819 Sea Breeze Glass & Construction 901-017001 Comm Pk : window glass & screen 100 0419 4760 300 97.20
00224452 @00002562 Sea Witch Marine 106621 Unit #781 : Throttle Controller , Shift Cables 611 0413 4799 300 459.01 -------·----00224453 @00002814 Sharp Rees-Stealy Medical Center 2691245816 Pre-Employment Physical 100 0101 4916 100 118.00 ----
00224454 @00010645 Siemens Industry Inc 400118982 Traffic Signal Maintenance 275 0470 4326 300 2,542.10
400118983 Street Light Maintenance 275 0470 4327 300 3,273.13
400119477 OPP: Parking Lot Lights 100 0419 4120 300 1,269.36 -----400120138 Street Light Repairs 275 0470 4327 300 6,146 .88
400120140 Traffic Signal Repairs 275 0470 4326 300 3 ,175.88 -400120188 Street Light Repairs 275 0470 4327 300 357.00 --
400120189 Traffic Signal Repairs 275 0470 4326 300 46.22
Total for Check 00224454 16,810.57
lK>224455 07-Mar-14 @00002986 Sloan Electric 0063182 Service call: Pool Motor 100 0419 4120 300 942.25
,0224456 @00007160 Specialty Electric Supply Co . 71 48-520953 Elevator lamps 100 0419 4760 300 352.51 ---------_g,Q224457 @00010648 Specter Instruments 1402030510 WTP: RenewWIN-911 121 XT054, 5/2014 510 0402 4120 300 395.00
w<a>224458 @00005541 Statewide Safety & Signs , Inc 320611 18" cardboard signs 211 0411 4760 300 135.00
N 3215/1 Streets Signs 100 0418 4514 300 2.25.08 0 ..... Total for Check 00224458 360.08 ~
!0_2~44 59 07-Mar-14 @00006600 Stotz Equipment P18484 Unit #780 : Oil Cap 611 0413 4799 300 50.66 ------:f 02244~0 @00002305 Target Specialty Products 1637301 Nature Safe (50 lb. bags) 100 0418 4116 300 867.00 ---
:JI0224461 @00010115 UT Community Press 91079 Legai14-001 1801A 1000P 4932 600 204 .60 ..... 91512 Legal 14-011 100 0011 4932 100 68.20
N 91514 Legal14-012 100 0011 4932 100 68.20
...lo. Th e City of Poway Director of Admin i.strafi ve Services S u bmits the Following R egister of R un Date : 13 -Mar -1-1
N Demands for th e p eriod 3110/2014 -3/14120 14 and Reco mmends its Ratification/Approval: Page: I of II 0 -N
N
Check
N umbe r Date Pa
1
yee/V en dor Invoice Comme n t Fund OrG.n Acct Pro G. C h eck Ami
00224468 13-Mar-14 @00004762 Abcana Industries 937886 Chemicals for Pool 100 0203 4502 400 490.25 --00224469 @00006354 Advanced Chemical Transport. Inc_ 4 7584 Hazardous Waste Disposal -011849268JJK 611 0413 2910 300 427.76
00224470 @00010413 AEP California LLC INV0009369 PASystems 100 0504 4904 200 1,449.92 -
00224471 @00002106 Airgas USA. LLC 9025071079 WTP: Compressed Air 510 0402 4 760 300 402.53
00224472 @00010642 American Messaging L10739040C Dispatch paging for March 2014 100 0501 4106 200 302.14
00224473 @00000107 Amencan Plann1ng AsSOCiation 091199-13113 Richard Whipple dues 4/1/14-3/31/15 100 0301 4924 100 450.00
00224474 @00006923 American Technologies, Inc. 6554301234-01 FS#1 : Emergency Response water mitigation 100 04 19 4120 300 1,559.66
6554701971-01 FS•1 : 1/30/14 -Water Damage Repairs 100 0419 4120 300 1,552 .86
Total for Check 00224474 3,112.52
00224475 13-Mar-14 @00010674 AMFE 19M 657760 Facilities : Fire Extinguisher Service & 100 0419 4120 300 1.239.47
00224476 @00000152 Aramark Refresllment Services 1220042 Refreshment services 100 0106 4760 100 418.78
1220043 Refreshment services 100 0106 4760 100 14 0.74 --------
1220044 Refreshment services 100 0106 4760 100 72.69
1220045 Refreshment services 100 0106 4760 100 527.35
Total for Check 00224476 1.159.56
00224477 13-Mar-14 @00005241 Arama.rk Uniform Services Inc 588-6484741 Parks: Mats & Uniforms 100 0418 4928 300 41 .79
588-6484741 Parks: Mats & Uniforms 100 0419 4 120 300 1.84
588~517585 Weekly Dock Attendant Laundry 100 0202 4928 400 43.36
58~517595 Parks: Mats & Uniforms 100 0418 4928 300 42 .64
58~517595 Parks: Mats & Uniforms 100 0419 4 120 300 1.84 -58~528496 Towels and mats for Sta 3 100 0501 4928 200 26.44
58~528501 Fleets: Mats & Uniforms 100 0419 4120 300 21 .77
58~528501 Fleets: Mats & Uniforms 611 0413 4928 300 26.80 --
588~528502 Wk 3/5/1 4 : Util Sys & WTP uniforms; mats 510 0401 4928 300 18.82
)> 58~528502 Wk 3/5/1 4 : Util Sys & WTP uniforms; mats 100 0419 4120 300 5 .52
"0 58~528502 Wk 3/5/14 : Util Sys & WTP uniforms ; mats 510 0402 4928 300 16.38 ::::!. -------
...lo.
58~528503 Warehouse: Uniforms 510 0410 4928 300 2 .56
~(Jt 588-6528504 Facilities: Mats & Uniforms 100 04 19 4928 300 2 .65
N 588~528504 Facilities : Mats & Uniforms 100 041 9 4120 300 2 .30 c 58~528505 Wk 3/5/1 4 : Water Distribution uniforms 510 0404 4928 300 125.16 ...lo.
~ ------
588~528506 Wk 3/5/1 4 : WW Collect & Recycled uniforms 510 0406 4928 300 1.94
S' 588-6528506 Wk 3/5/1 4 : WW Collect & Recycled uniforms 520 0405 4928 300 12.88
3 588-6528507 Uniforms: Streets 211 0411 4928 300 11 4 .74 ----:tt 58~528508 Parks: Mats & Uniforms 100 0419 4120 300 7.74 -588-6528508 Parks: Mats & Uniforms 100 0418 4 928 300 16.96
N
58~528509 Facilities : Mats 100 0419 4120 300 143.24
...a. Register of Demands Page 4 of 11
U'l Warra m s From 3110120 14 -3114/2014
0 -Check
~umbe r Date PaJ:.ee!Ven dor In. voice Com ment F und Orf1.n Acct Pro G. CheckAmt
00224519 13-Mar-14 @00001207 Grainger Inc 9375597599 Dock Supplies 100 0202 4760 400 183.34 -.. ----·--9376907284 Dock Supplies 100 0202 4760 400 7.53
9377154753 WTP: Antimicrobial soap, 2000ML 510 0402 4760 300 90.23
Total for Check 00224519 688.69
00224520 13-Mar-14 @00001208 Grangetto's Agriculture Supply 79265 Small tools 100 0418 4516 300 12.78
00224521 @00001157 Haaker Equipment Company C01583 Unit #65: Valve 611 0413 4799 300 214.38
C02030 #7: Swivel 611 0413 4799 300 338.00
Total for Check 00224521 552 .38
00224522 13-Mar-14 -Hazen. Anthony G12-0009 release of grading bond/remaining deposits 763 0399 5980 900 4 ,010.00
G12-0009 release of grading bond/remaining deposits 762 0399 5980 900 15 ,000.00
G12-0009 release of grading bond/remaining deposits 763 0399 5980 900 1,680.00
Total for Check 00224522 20,690.00
00224523 13-Mar-14 @00001447 Heaviland Enterprises Inc 14183A Arbolitos Park-Landscape & Irrigation Maintena 100 0418 4116 300 1,346.33
14183B PCPA: Landscape Maintenance 100 0418 4116 300 293.60 ---·-----------14183B PCPA: Landscape Maintenance 100 0204 4116 400 496.26
14183B PCP A: Landscape Maintenance 100 0206 4116 400 748.18
14183B PCPA: Landscape Maintenance 100 0504 4116 200 374 .08
14183B PCPA: Landscape Maintenance 100 0501 4116 200 1,694.72
14183C LMD 83-1A: Landscape Maintenance 265 0423 4116 300 479.45
~--------
14183C LMD 83-1A: Landscape Maintenance 263 0421 4116 300 4 ,335.31
14183C LMD 83-1A: Landscape Maintenance 262 0427 4116 300 1,379.12
14183C LMD 83-1A: Landscape Maintenance 264 0422 4116 300 7,354.15
14183C LMD 83-1A: Landscape Maintenance 266 0426 4116 300 1,098.87
14183C LMD 83-1A: Landscape Maintenance 267 0424 4116 300 673.07
14183C LMD 83-1A: Landscape Maintenance 268 0428 4116 300 623.43
14183C LMD 83-1A: Landscape Maintenance 269 0425 4116 300 16,824.21
)> 14183C LMD 83-1A: Landscape Maintenance 100 0418 4116 300 3,896.85
'C 14183C LMD 83-1A: Landscape Maintenance 271 0429 4116 300 276.87 :::!.
6387 Repair Clock Mainline 269 0425 4770 300 81.95 ...a.
!1' Total for Check 00224523 41 ,976.45
~224524 13-Mar-14 -Hill, Jason S 4 13-01400-17 Closing Balance Refund , Overpayment, 413-01 510 8120 173.43
...,:l224525 @00001645 Home Depot Commercial Account 1210847 Water Dist: HD pipe wrench; metal cut-off disc 510 0404 4760 300 76 .95
;::; 4222133 Hoist Maintenance supplies 611 0413 4760 300 32 .37 ---CD 5210945 Water Dist: 2x4 lumber 510 0404 4760 300 6 .09 3
5222102 Supplies to Hang Banners & Dock Equipment 100 0202 4760 400 254.73 :u:
...a. 5222104 Supplies to Hang Banners & Dock Equipment 100 0202 4760 400 29 .39
N 6210913 Lake: tool replacement parts & saw blades 100 0418 4760 300 76 .37
..a. Register of Demands Page 5 of 11
en Wa"ants From311012014 • 3114120 14
0 Check -~umber Date Paj_ee!Ventlor Invoice Comment Fund OrG.n Acct Pro G. CheckAmt
00224525 13-Mar-14 @00001645 Home Depot Commercial Account 6222076 Sr. Ctr: Roof drain repair supplies 100 0419 4760 300 72.68 -6222078 Scrapers , propane tank 211 0411 4760 300 40.94
6222086 Sr. C tr: Roof drain repair supplies 100 0419 4760 300 24 .45
Total for Check 002.24525 613.97
00224526 13-Mar-14 @00010290 HUB Interna tional Insu rance Serlices Inc. 416903 Marine Liability Insurance for Lake Operations 100 0202 5108 400 14,4 54.00
00224527 @00006811 I Love a Clean San Diego 14-3425 Used Oil Services -FY13/1 4 1260L 1000P 4120 600 500.00 --
3392 Used Oil & Outreach Services FY 13/1 4 1260L 1000P 4120 600 500.00
Total for Check 00224527 1,000.00
00224528 13-Mar-14 @00006463 lnfoSend 77550 ACH Monthly Fee -January 2014 100 0102 4120 100 4 77.68
00224529 @00001306 JRC Printing LLC 33012 Business Cards Virata 100 0014 4 922 100 21 .60
00224530 @00001690 Knorr Systems Inc. Sl155074 Wave 2 x 2 Gyro Automatic Pool Vacuum 611 0108 6 126 100 5,261 .76
00224531 --· Lions Gate Hotel & Conference Center 03301 4-CW Reserv# 59015SB009019-Craig Winder 3/30-4611 0413 31 40 300 520.25
00224532 @00010749 Maii Finance. Inc . H4518558 Pricing for 12 months @ $209.56 100 0106 4 308 100 209.56 -. ----
00224533 -----Majdlck , Bryce 116-01300-04 Closing Balance Refund , Deposit, 116-01300-0 5 10 8661 5,000.00
116-01300-04 Closing Balance Refund , Deposit, 116-01300-0 510 8120 -691 .37 .
Total for Check 00224533 4 ,308.63
00224534 13-Mar-14 @00010287 Matheson Tri-Gas, Inc. 08698593 Water Dist: Oxygen; acetylene 510 0404 4 760 300 210.66
08754806 Pipe Tape 100 8189 60.48
Total for Check 00224534 271 '14
00224535 13-Mar-14 -Mega Engineering Co 499-01600-37 Closing Balance Refund , Deposit, 499-01600-3 510 8662 1 ,200.00
499-01600-37 Closing Balance Refund, Deposit, 499-01600-3 510 8120 -401 .96
Total for Check 00224 535 798.04
00224536 13-Mar-14 @00001916 Morgan 's Monograms Incorporated 174896 Uniforms 100 0501 4928 200 336.4 5 --
00224537 @00002018 Mun icipal Alarm Track ing FEB 201 4 False Alarm & Permit Fees Feb 2014 100 0301 4 120 100 3,489.21 -00224538 @00010696 Municipal Emergency Serv1ces, Inc. 00497339 _ SNV Equipment 100 0501 4308 200 26.48 ----
:Do224539 @00001840 Napa Auto Parts/Pa.vay 912489 antenna 611 0413 4799 300 11.87
:::::!. 912635 antenna 611 0413 4799 300 -11 .87
..a. 923869 Units 924 & 925: Hose clamps 611 0413 4799 300 15.10 -----!.11 924574 Stock : Fuel, Oil & Air F ilters 611 0413 4 799 300 59.54 --N 924590 Unil#94: Disc Brakes 611 0413 4799 300 86.69 0
..a. Total for Check 00224 539 161.33 ~
224540 13-Mar-14 @00001868 National Notary Association 948775-FY14 C . Legg Error/Omissions Insurance 1 year 100 0013 4924 100 39.00
0224541 --Nevarez, Tabitha 2008123.001 Deposit Refund OPP Permit #13626 100 0205 7471 400 284.00 -$224542 @00006932 Nexgen 080073 Hand Cleaner, Water1ess pumice Hand C leaner 100 8189 527.06
~224543 @00010905 North County Buick Cad illac GMC 136197 Stock: Fuel Filters/ C 4500 Trucks 611 0413 4 799 300 176.10
136306 Stock: handles 611 0413 4799 300 176.83
..I. Register of Demands Page 7 of 11
()0 Wan-allis From 31/012014-31/4120 14
0 .... Ch eck
~u mber Date Paj_ee!Vendo r In voice Co mment Fund OrG.n Acct Pro G. Ch eck Ami
00224556 13-Mar-14 -Prupes. Jan ()( Manny 105-02500-18 Closing Balance Refund, Overpayment, 105-02 510 8120 32 .94 --------------
00224557 @00010525 PSC Enwonmenta.l Servi<:es 43600791890 Poway Household Hazardous Waste Services 1697A 1000P 4120 600 4 ,995.50
4 3600809062 Poway Household Hazardous Waste Services 1697A 1000P 4120 600 14.259.00
Total for Check 00224557 19,254.50
00224 558 13-Mar-14 @00010911 R & B Pinto Properties LLC LKCONCFEB24M AR Weekly Lake Concession Payment (2124-312114100 8647 1,587.42
00224559 @00011059 Rasp, Alan FY14 SFTYSHOES Steel-Toe Safety Shoes Reimbursement 211 0411 4928 300 85.00
00224560 @00002982 S K S Petroleum Distribut()(s Inc CL57456 Fuel thru 3/15/14 -Fire Dept. 611 04 13 3120 300 670.79
00224561 @00010166 S~~ge VlftN Inc. 2625 Grove Mgmi./Maintenance-Ted Williams Grove 100 0418 4116 300 3 ,200.00
00224562 @00002261 San Diego County APCD 20142204-0062 1 APCD2011 -SITE-00621 ; MAY2014 High Valley 510 0402 5730 300 356.00
00224563 @00002262 San Diego County Sheriffs Department 79290R-0 11 4 Law Enforcement Services for January 20 14 100 0504 7758 200 -2 .782.53 -79290R-0114 Law Enforcement Services for January 2014 100 0504 4104 200 83 1 ,064.00
Total for Check 00224563 828,281 .47
00224564 13-Mar-1 4 @00004829 San Diego Crane and Hoist Company 9015 Crane/Hoist Service & Inspections 611 0413 4120 300 1 ,050.00 -
00224565 @00002202 San Diego Regiona l Training Center 1 1892 Public Safety W orkshop 100 0013 31 40 100 80.00
00224566 @00007076 Sandier Bros 0179708-IN Colored K nit Rags 100 8189 575.80
00224567 @00006857 Savmart Pharmaceutical Service 581061 Medical supplies 100 0503 4 740 200 955.40
00224568 @0000584 5 Scripps/Poway Fence Builders 0303201 4 03 Hilleary Park Fence Repair 100 0418 4120 300 625.00 -00224569 @00002621 Sentry Fence Company 5083 Poway Grade: 95' Rock Fence 211 0411 4 120 300 950.00
~---
5084 Poway Grade: 55' Rock Fence 211 0411 4120 300 710.00
.
Total for Check 00224 569 1,660.00
00224570 13-Mar-14 @0000281 4 Sharp Rees-Stealy Medical Center 2691245164 1/22114: DMV exam 510 0404 4916 300 50.00 -
2691245165 213114 : DMV exam 510 0401 4916 300 50.00
2691245407 1/29/1 4 : DMVexam 520 0405 4916 300 50.00 -2691246306 DMVexam 611 0413 4916 300 50.00
Total for Check 00224570 200.00
00224571 13-Mar-14 @00010645 Siemens Industry Inc 400121106 Install Ornamental Street Light Mast Anns 275 0470 4327 300 960.00
"C 4 00121157 Comm Park Tennis Cts: Lights & Ballast 100 0419 4120 300 1,961 .94
~. 400121 161 Parking Lots-Light Inspection Report 100 04 19 41 20 300 998.00 -: ..I. Total for Check 00224571 3 ,919.94 !11
~224572 13-Mar-14 @00006522 Spanky's Portable Services, In c 981529 Portable Services -Lake-(2/13-3/12114) 100 0202 41 20 400 475 .22
..I.
~
9824 71 Portable services for the Tra ining Tower 100 0501 4908 200 118.78
;::;
CD
Total for Check 00224572 594 .00
0224573 13-Mar-1 4 @00005200 SQS Video Communications 20141084 FY1 4 Telecasting City Council Regular Meeting 100 0 106 4 120 100 800.00
$224574 @00005541 Statewide Safety & Signs, Inc 4 970211 Street sign materials 211 04 11 4 51 4 300 349.92 -~224575 @00006883 Stericycle, Inc. 3002553805 Medical waste removal 100 0503 2910 200 490.05
224576 @00010725 Steven Enterprises Inc. 031 4542-IN OCE repair/service 100 0306 4308 100 153.90
..a. Register of Demands Page 8 of 11
CD Warrants F r om 3 /0 20 14 -3 f.f120 /.f
0 Check -~umber Date Pa
1
yee/Ven dor Itt vo ice Commen t Fund Org.n Acct ProG. Check Ami
00224576 13-Mar-14 @00010725 Steven Enterprises Inc 0314542-IN OCE repair/service 100 0300 4308 100 153.91 ----
Total for Check 00224576 307.81
00224577 13-Mar-14 @00010822 Strapac. Steven 388161 Reimbursement for SWPPP Training 100 0308 4908 100 95.00
00224578 @00011055 Teri Black & Company LLC 14-0228-02 City Manager Recruitment 100 0101 4934 100 18,439.16
00224579 @00006453 Thatcher Company of Cal lfom la 231756 FY 2013/2014: T-Fioc C -148 Polymer 510 0402 4502 300 30,595.97 -
00224580 @00002556 Tifco Industries 70931296 15% Silver Solder 100 8189 218.66
00224581 -Timmeonan .Atsuko 2008085.001 CX Class Refund More Than Ready #4011 .302 100 0208 7625 400 149.00 ----
00224582 @00010371 U.S. Bank Corporate Payment System 4555679376-0214 Credit Card Charges for Safety Services 100 0501 4308 200 185.00 ----4555679376-0214 Credit Card Charges for Safety Services 100 0501 4760 200 61 .25
4555679376-0214 Credit Card Charges for Safety Services 100 0501 4120 200 199.90 -----
4555679376-0214 Credit Card Charges for Safety Services 100 0503 4908 200 10.92 ----
4555679376-0214 Credit Card Charges for Safety Services 100 8644 -10.92
4555679376-021 4 Credit Card Charges for Safety Services 100 0501 4908 200 5 ,735 .00
4555679376-0214 Credit Card Charges for Safety Services 100 0501 4720 200 32.40 -4555679376-0214 Credit Card Charges for Safety Services 100 0500 4760 200 70.71
4555679376-0214 Credit Card Charges for Safety Services 100 0500 4904 200 38.06
4555679376-0214 Credit Card Charges for Safety Services 100 0503 4908 200 150.45
4555679376-0214 Credit Card Charges for Safety Services 100 0501 4928 200 506.35 --
4555679376-0214 Credit Card Charges for Safety Services 100 0504 4937 200 4 ,504.35
Tolal for Check 00224582 11 .483.47
00224583 13-Mar-14 @00010371 U.S. Bank Corporate Payment System 0183-5530-2/14 CSD Cal Card-Becker Feb 2014 100 0205 4308 400 253.48 ----0183-5530-2/14 CSD Cal Card-Becker Feb 2014 1189A 1000P 4760 600 321 .78 -0183-5530-2/14 CSD Cal Card-Becker Feb 2014 100 0205 4760 400 6.88 --0205-6128-2/14 Cal Card Feb 2014 ·Romero 100 0200 3140 400 34 .60
0228-5321 -2/14 Cal Card Feb 2014 ·Sanchez 100 0208 4760 400 607.22
1761 -1106-2/14 CSD Cal Card-Ransom Feb 2014 100 0202 4760 400 51 .83 --
1761 -1106-2114 CSD Cal Card-Ransom Feb 2014 100 0207 4760 400 8 .17
~ 1761 -1106-2114 CSD Cal Card-Ransom Feb 2014 100 0207 4760 400 17.78
1J 1761 -1106-2114 CSD Cal Card-Ransom Feb 2014 100 0207 4760 400 34.50 :::!.
..a. 1761-1106-2114 CSD Cal Card-Ransom Feb 2014 100 8644 -7 .55 -
Ul 1761 -1106-2114 CSD Cal Card-Ransom Feb 2014 100 0207 4760 400 65.66
N 1761 -1106-2/14 CSD Cal Card -Ransom Feb 2014 100
0
0207 4760 400 7.55
..a. 1761-1106-2/14 CSD Cal Card -Ransom Feb 201 4 100 0207 4760 400 61.18 ~
1923-9906-2/14 CSD Cal Card-S Hill Feb 2014 100 0205 4904 400 365.04
;--------
1923-9906-2114 CSD Cal Card-S Hill Feb 2014 100 0205 4760 400 11 .49
3 1923-9906-2114 CSD Cal Card-S Hill Feb 2014 100 0205 3140 400 30.48
:u: 1923-9906-2114 CSD Cal Card-S Hill Feb 2014 100 0205 3140 400 10.18 ..a. --
N 1923-9914-2114 Cal Card Feb 2014 -Cain 100 0208 4760 400 318.15
1923-9914-2114 Cal Card Feb 2014 -Cain 716 7661 4760 400 -23.37
Approva l of Consu ltant Agreement Between the City of Poway and Carollo Engineers
April 15, 2014
Page 2
thorough review by City staff, Carollo Engineers, Inc. was unanimously selected as
most qualified .
Fiscal Impact:
The Consultant fee will be based on a time and material basis not to exceed $75 ,290.
There are sufficient funds in the Water Distribution System Mainte nan ce and
Rehabilitation Assessment Project Account #1701 for the total cost of the design
services .
Environmental Review:
This item is not subject to the California Environmental Qua lity Act (CEQA).
Public Notification:
Dan Baker, P.E., Carollo Engineers , Inc. 5075 Shoreham Place , Suite 120 , San Diego,
CA 92122
Attachments :
A. Standard Agreement for Consultant Services with Carollo Engineers, Inc.,
including the Scope of Work and Fee Schedule
M:\CIP _Developmcnt\CIP Admin\Agenda Repons\2014 Repons\Distribution System Assessment\Agenda Repon .docx
2 of 18 April15, 2014 Item#~
services , or the failure to perform services as directed by City . Termination for cause
shall be effected by delivery of written notice of termination to Consultant. Such
termination shall be effective upon delivery of said notice .
5 . Confidential Relationsh ip.
City may from time to time communicate to Consultant certain information
to enable Consultant to effectively perform the services . Consultant shall treat all such
information as confidentia l , whether or not so identified , and shall not disc lose any part
thereof without the prior written consent of the City . Consultant shall limit the use and
circulation of such information , even within its own organization , to the extent necessary
to perform the services. The foregoing obligation of this Paragraph 5, however , shall
not app ly to any part of the information that (i) has been disclosed in publicly available
sources of information ; (ii) is , through no fault of Consu ltant , hereafter disclosed in
publicly available sources of informat ion ; (iii) is now in the possession of Consu ltant
without any obligation of confidentiali ty ; or (iv) has been or is hereafter rightfully
disclosed to Consultant by a third party , but only to the extent that the use or disclosure
thereof has been or is rightfully authorized by that third party .
Consultant shall not disclose any reports , recommendations , conclusions
or other results of the services or the existence of the subject matter of this contract
without the prior written consent of the City . In its performance hereunder, Consultant
shall comply with all legal obligations it may now or hereafter have respecting the
information or other property of any other person , firm or corporation .
6 . Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its
sole cost and expense .
7. Covenant Against Contingent Fees .
Consultant declares that it has not employed or retained any company or
person , other than a bona fide employee working for Consultant , to solicit or secure this
Agreement , that it has not paid or agreed to pay any company or person , other than a
bona fide employee , any fee , commission , percentage , brokerage fee , gift or any other
consideration , contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty , City shall have the right to annul this Agreement
without liability , or, at its sole discretion , to deduct from the Agreement price or
consideration , or otherwise recover the full amount of such fee , commission ,
percentage , brokerage fee , gift or contingent fee .
8 . Ownership of Documents .
All memoranda , reports , plans , specifications , maps and other documents
prepared or obtained under the terms of this Agreement shall be the property of City
and shall be delivered to City by Consultant upon demand .
4 of 18 2
April15, 2014 Item# 1.~
9 . Conflict of Interest and Polit ica l Reform Ac t Obligat ions .
During the term of this Agreement Consultant shall not act as consultant
or perform services of any kind for any person or entity whose interests conflict in any
way with those of the City of Poway . Consultant shall at all times comply with the terms
of the Political Reform Act and the local conflict of interest ordinance . Consultant shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the City in which the Consultant has a financial interest as
defined in Government Code Section 87103 . Consultant represents that it has no
knowledge of any financial interests which would require it to disqualify itself f rom any
matter o n which it might perform services for the City .
"Consult ant " means an indiv idual who , pursuant to a contract wit h a state
or local agency :
5 of 18
(A) Makes a governmental decision whether to :
1. Approve a rate , rule or regulation ;
2. Adopt or enforce a law ;
3. Issue, deny, suspend , or revoke any permit, license ,
application , certificate , approval , order, or similar
authorization or entitlement;
4 . Authorize the City to enter into , modify, or renew a contract
provided it is the type of contract that requires City approval ;
5. Grant City approval to a contract that requires City approval
and to which the City is a party , or to the specifications for
suc h a contract ;
6. Gra nt City approval to a plan , design , report , study, or simi lar
item ;
7. Adopt , or grant Ci ty approval of, policies , st andards , or
guidelines for t he Ci ty , o r for any subdivision thereof ; or
(B) Serves in a staff capaci ty with t he City and in that capacity participates in
making a governmental decision as defined in Regula t ion 18702 .2 or
performs the same or substantially all the same duties for the City that
would otherwise be performed by an individual holding a position specified
in the City's Conflict of Interest Code .
3 April15, 2014 Item# /.Y
license , permit , or approval which is legally required for Consultant to practice its
profession .
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A " entitled
"Special Provisions " attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from
Cons ul tant's negligent performance of professiona l services , City and its respective
elected and appo inted boards, officials , officers , age nt s , employees and vo lu nteers
(individually and collectively , "lndemnitees") sha ll have no liabi lity to Consu ltant or any
other person for, and Consultant shall indemnify , protect and hold harmless
lndemnitees from and against , any and all liabi lities , claims , actions , causes of action ,
proceedings , suits , damages , judgments, liens , levies , costs and expenses , including
reasonable attorneys ' fees and disbursements (collectively "Claims"), which
lndemnitees may suffer or incur or to which lndemn itees may become subject by reason
of or arising out of any injury to or death of any person (s), damage to property , loss of
use of property , economic loss or otherwise occurring as a result of Consultant's
negligent performance under this Agreement , or by the negligent or willful acts or
omissions of Consultant , its agents , officers , directors , sub-consultants or employees .
(b) For Claims alleged to arise from Consultant's negligent performance of
professional services , lndemnitees shall have no liability to Consultant or any other
person for, and Consultant shall indemnify and hold harmless lndemnitees from and
against , any and all Claims that lndemnitees may suffer or incur or to which
lndemnitees may become subject by re ason of or arising out of any injury to or death of
any person(s), damage to property , loss of use of property , economic loss or ot herwise
to the extent occurring as a resu lt of Consultant's negligent performance of any
professional serv ices under this Agreement , or by the negligent or willful acts or
omissions of Consultant , its agents , officers , directors , sub-consultants or employees ,
committed in performing any of professional services under this Agreement. For Claims
alleged to arise from Consu ltant's professional services , Consultant's defense obligation
to l ndemnitees shall include only the reimbursement of reasonable defense costs and
attorneys ' fees to the extent caused by Consultant's negligence .
(c) The foregoing obligations of Consultant shall not apply to the extent that
the Claims arise from the sole negligence or willful misconduct of City or its elected and
appointed boards , officials , officers , agents , employees and volunteers .
(d ) In any and all Claims against City by any employees of the Consultant ,
anyone directly or indirectly employed by it or anyone for whose acts it may be liable ,
the indemnification obligation under this Section 15 shall not be limited in any way by
any limitation on the amount or type of damages , compensation or benefits payable by
or for the Consultant under worker's compensation acts , disabi lity benefit acts or other
employee benefit acts.
7 of 18 5 April15, 2014 Item# J.Y
16. Consultant Not an Agent.
Except as City may specify in writing , Consultant shall have no authority ,
expressed or implied , to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or im plied , pursuant to this Agreement to
bind City to any obligation whatsoever.
17. Personnel.
Consultant shall assign qualified and certified personnel to perform
requested services. The City shall have the right to review and disapprove personnel
for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s)
assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and
alcohol policies then in effect.
18. Notices.
Notices shall be given as described on Exhibit "A" entitled "S pecial
Provisions'' attached hereto and made a part hereof.
19 . Dispute Resolution.
In the event of a dispute between City and Consultant concerning the
terms of this Agreement or its performance , the parties agree to initially submit such
dispute to voluntary mediation before a mutually acceptable mediator prior to arbitration
or litigation . In the event that the subject of such action is compensation claimed by
Consultant in the event of termination , Consultant's damages shall be limited to
compensation for the 60-day period for which Consultant would have been entitled to
receive compensation if terminated without cause . In the event of arbitration , each
party shall bear its own attorneys ' fees and costs incur red. Any action to enforce or
interpret the terms or conditions of this Agreement shall be brought in the Superior
Court in San Diego County, Central Division . Consultant hereby waives any right to
remove any such action from San Diego County as is otherwise permitted by California
Code of Civil Procedure section 394.
20. Gender.
Whether referred to in the masculine , feminine , or as "it ," "Consultant"
shall mean the individual or corporate consultant and any and all employees of
consultant providing services hereunder.
8 of 18 6
April15, 2014 Item# _t:L
21. Counterparts.
Th i s Agreement (and any amendments) may be executed in multiple
cou nterparts , each of w hich shall be deemed an original , but all of which , together, sha ll
con stitute one and the same instrument. Documents delivere d by telepho n ic f acsimile
transmiss ion s ha ll be valid and bin ding.
22 . Entire Agreement.
This Ag reement shall const itute the entire understanding between
Consu ltant and City relat ing to the terms an d conditions of the services to be performed
by Consultant. No agreements, represe ntations or p romises made by e ither party,
whether oral or in writi ng , sha ll be of any force or effect un less it is in writ ing and
executed by the party to be bou nd thereby.
IN W ITNESS WHEREOF , t he part ies hereto have duly executed th is Agreement
on the date first above written .
City of Poway
Dated : ___________ _
By : ___________ _
T ina M. White, Interim City Manager
Approved as to form :
Dated : __________ _
By : _____________________ _
Morga n L. Foley, City Attorney
9 of 18 7
Carollo Engineers , Inc .
D ated : ____________ _
By : ____________ _
Its : ---------------
April15, 2014 Item# 1.4
"SPECIAL PROVISIONS "
EXHIBIT "A"
A. Scope of Services.
Consultant agrees to perform consulting services as required by City .
Consultant shall provide the necessary qualified personnel to perform the services . In
performance of the services Consultant shall provide Civil Engineering as detailed in the
Scope of Work submitted with the proposal dated February 6, 2014 , which is included in
this document as Attachment 1.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal
submitted with the proposal dated February 6 , 2014 , which is included in this document
as Attachment 2. Total fee is not to exceed $75 ,290 .00 . Consultant's fee shall include
and Consu ltant shall be responsible for the payment of all federal , state , and local taxes
of any kind which are attributable to the compensation received .
In addition to said consulting fee , Consultant shall be reimbursed for all
reasonable expenses , including lodging , telephone , and travel (air, auto , rail)
necessarily incurred in performance of the services . Consu ltant shall bill City for such
expenses as incurred , referencing this Agreement. All expenses shall be itemized and
supported by receipts for amounts in excess of Twenty-Five Dollars ($25 .00 ).
Statements for reimbursement of expenses shall be paid within ten (1 0) days of
approval by City . All air travel shall be billed at coach or special fare rates . Only
lodging outside San Diego County shall be reimbursable . Consultant shall receive prior
authorization for air travel and lodging expenses . All other expenses shall be
reimbursed in accordance with City's cash disbursement policies in effect at the time
incurred .
C. Term of Agreement.
This Agreement shall be effective from the period commencing April 16,
2014 , and ending April 16 , 2016 , unless sooner terminated by City as provided in the
section of this Agreement entitled "Termination ." Subject to approval by City and
Consultant , this agreement may be extended three times for periods of one year each .
Upon expiration or termination of this Agreement, Consu ltant shall return to City any and
all equipment , documents or materials and all copies made thereof which Consultant
received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages :
Consultant shall obtain and maintain during the life of this
Agreement all of the following insurance coverages :
10 of 18
8 April15 , 2014 Item# (.4
(a) Comprehensive General Liability , including premises-
operations, products/completed , broad form property damage , and blanket contractual
liability with the following coverages: General Liability $1,000,000 Bodily Injury and
Property Damage combined each occurrence and $2 ,000,000 aggregate.
(b) Automobile Liability , including owned , hired, and non-owned
vehicles: $1,000 ,000 combined single limit.
(c) Consultant shall obtain and maintain , during the life of the
Agreement , a policy of Professional Errors and Omissions Liability Insurance with policy
limits of not less than $1 ,000 ,000 combined single limits , per claim and annual
aggregate.
(d) Workers' Compensation insurance in statutory amount. All
of the endorsements w hich are required above sha ll be obtained for the policy of
Workers' Compensation insuran ce .
2. Endorsements:
Endorsements shall be obtained so that each policy contains the
following three provisions :
(a) Additional Insured . (Not required for Professional Errors and
Omissions Liability Insurance or Workers' Compensation.)
"City of Poway and its elected and appointed boards, officers ,
agents, and employees are additional insureds with respect to this subject project and
cont ract with City ."
(b) Notice .
"Said policy shall not terminate , nor shall it be canceled, until thirty
(30) days after written notice is given to City."
(c) Primary Coverage .
"The policy provides primary coverage to City and its elected and
appointed boards , officers , agents, and employees. It is not secondary or in any way
subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates :
Consultant shall provide City certificates of insurance showing the
insurance coverages described in the paragraphs above, in a form and content
approved by City , prior to beginning work under this Agreement.
11 of 18
9
April15, 2014 Item# J.Y
E. Notices.
All notices , billings and payments hereunder shall be in writing and sent to
the following addresses:
To Development Services:
To Consu ltant:
12 of 18 10
City of Poway
13325 Civic Center Drive
P .O . Box 789
Poway, CA 92074
Carollo Engineers , Inc.
5075 Shoreham Place , Su ite 120
San Diego , CA 92122
April15, 2014 Item# 1·~
Award of Contract for the Bowron Sidewalk Project
April 15, 2014
Page 2
Fiscal Impact:
There are sufficient funds in the project account (#0411) for the award of this contract.
Environmental Review:
The proposed repair and replacement of an existing sidewalk at this location on Bowron
Road is Categorically Exempt from the California Environmental Quality Act (CEQA) as
a Class 1(c) Categorical Exemption, pursuant to Section 15301 of the 2014 CEQA
Guidelines, in that the project includes repair and replacement of an existing asphalt
sidewalk with a new concrete, ADA compliant sidewalk to meet the current standard of
public health and safety and that the repair and replacement of the sidewalk involves no
expansion of the existing use.
Public Notification:
Anton's Service, Inc., P.O. Box 455, Lakeside, CA 92040
Attachment: None
M \CIP _Development\CIP Admin\Agenda Reports\2014 Reports\Bowron Sidewalk\Award Report doc docx
2 of2 April15, 2014 Item# lf_
Appointment of Board Representative to the San Diego County Water Authority
Apri/15, 2014
Page 2
Fiscal Impact:
None
Environmental Review:
This report is not subject to CEQA review.
Public Notification:
A copy of this report was mailed to the San Diego County Water Authority Clerk of the
Board and to Mark Weston.
Attachment:
2 of 5
A. A Resolution Appointing Mark Weston to the Board of Directors of the San Diego
County Water Authority
B. February 3, 2014, Letter from the San Diego County Water Authority regarding
Mark Weston's Board Term of Office
April 15, 2014 Item# J.{p
.----------------------------------------------------------------------------------
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPOINTING MARK WESTON AS ITS REPRESENTATIVE
TO THE BOARD OF DIRECTORS OF THE
SAN DIEGO COUNTY WATER AUTHORITY
WHEREAS, Don Higginson, Mayor of the City of Poway, has designated and
appointed Mark Weston to serve as the representative on the Board of Directors of the
San Diego County Water Authority; and
WHEREAS, the City Council approves said designation and appointment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The designation and appointment of Mark Weston as Poway's
representative to the San Diego County Water Authority Board of Directors is hereby
approved beginning April 15, 2014.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
3 of 5 Attachment A April 15, 2014 Item# J. /,
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page 2
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14-*** was duly, adopted by the City Council at a
meeting of said City Council held on the 15th day of April 2014, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
4 of5
Sheila R. Cobian, CMC, City Clerk
City of Poway
April 15, 2014 Item # l• {p
Community Development Block Grant Program Cooperation Agreement Renewal
April 15, 2014
Page 2
allow for the City's continued participation in the CDBG Program for the qualification periods
of July 1, 2015-June 30, 2016; July 1, 2016 -June 30, 2017; and July 1, 2017 -June 30,
2018.
Fiscal Impact:
Based on the City's current annual CDBG allocation, the Cooperation Agreement between
the City and County will allow the City to receive an estimated $423,642 over a three-year
period covering fiscal years 2015-2018.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
None.
Attachments:
A. A Resolution of the City Council of the City of Poway, California, Authorizing the
Automatic Renewal of the Cooperation Agreement Between the County of San Diego
and the City of Poway for Participation in the Community Development Block Grant
Program for an Additional Three Consecutive Periods Covering July 1, 2015, through
June 30, 2018
2 of4 April15, 2014 Item# J ~'J
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
AUTHORIZING THE AUTOMATIC RENEWAL OF THE COOPERATION AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY
FOR PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR AN ADDITIONAL THREE CONSECUTIVE PERIODS COVERING
JULY 1, 2015, THROUGH JUNE 30, 2018
WHEREAS, the United States Congress enacted the Housing and Community
Development Act of 197 4 providing federal funds for a wide range of housing and
community development activities; and
WHEREAS, the Housing and Community Development Block Grant (CDBG)
Regulations allow small communities within a metropolitan area to join with the County's
application to the Federal Department of Housing and Urban Development for funds;
and
WHEREAS, the County of San Diego and City of Poway executed a Cooperation
Agreement effective July 1, 2012, through June 30, 2015, which allows the City of
Poway to be included in the County's applications to the Federal Department of Housing
and Urban Development for CDBG funds; and
WHEREAS, the Cooperation Agreement includes an automatic renewal provision
which allows for the City's continued participation for an additional three consecutive
periods covering July 1, 2015, through June 30, 2018, upon City Council approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
that the City Council hereby authorizes the automatic renewal of the Cooperation
Agreement between the County of San Diego and City of Poway for participation in the
CDBG Program for an additional three consecutive periods covering July 1, 2015,
through June 30, 2018, and authorizes the City Manager to execute the necessary
documents.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
3 of4 Attachment A April15, 2014 Item# J;1
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
Resolution No. 14-
Page 2
I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution No. 14-, was duly
adopted by the City Council at a meeting of said City Council held on the 151
h day of
April, 2014, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
4 of4
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014 Item# J, J
Resolution Terminating Bid Process for Purchase of Eleven (11) Vehicles, RFB 14-006,
and Authorizing Open Market Purchasing or Competitive Negotiations
April15, 2014
Page2
• 6 '• ., • •;;: -' "t ._Jr ot, ' .. • "" ~ ' 1'-~ •' II-• • .Umt #. ".~ ·" · . ,Dn/JS'Jon~.~: . · ~<·<io, .• ' ····:.ro\·"~". · .. 1 .:"/\1'-et;ucle Descr;1pt1on, · . . .
Unit 59 Parks Cab & Chassis >11 ,000 GVWR, Two Wheel Drive, Extra Cab
Unit 63 Parks Cab & Chassis >11 ,000 GVWR, Two Wheel Drive, Extra Cab
Unit 6 Streets Cab & Chassis >16,000 GVWR, Two Wheel Drive, Extra Cab
Unit 21 Wastewater Dual Cab Pickup, Four Wheel Drive
Unit 53 Storm Water Full Size Sport Utility, Four Wheel Drive
Unit 67 Wastewater Full Size Sport Utility, Two Wheel Drive
Unit 81 Storm Water Cab & Chassis >16,500 GVRW, Four Wheel Drive, Extra Cab
Findings:
To reach the broadest market, the bid for the Purchase of Eleven (11) Vehicles; 3 SUV
Type, 2 Pickup Type, and 6 Cab & Chassis, RFB 14-006 was kept open for five weeks.
It was duly advertised on January 9 and 16, 2014. Once the bid was advertised, staff
called local dealers to make them aware the bid was available. The bid opening was
held on February 13, 2014; no bids were received. In the event no bids are received for
a public project, per the Municipal Code and upon four-fifths vote, the City Council may
direct staff to proceed with the purchase by open market purchase or competitive
negotiations, in accordance with California Public Contract Code Sections 20166 and
20167.
Fiscal Impact:
Sufficient funds are appropriated in the budget (0105-6104) for the open market
purchase of these vehicles.
Environmental Review:
This action is not subject to CEQA review.
Public Notification:
None.
Attachment:
A. A Resolution of the City Council of the City of Poway, California Terminating Bid
Process for Eleven (11) Motor Vehicles and Directing Open Market Purchasing
or Competitive Negotiations
2 of4 April15, 2014 Item# l·&
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
TERMINATING BID PROCESS
FOR ELEVEN (11) MOTOR VEHICLES AND
DIRECTING OPEN MARKET PURCHASING
OR COMPETITIVE NEGOTIATIONS
WHEREAS, the City of Poway did duly advertise for bids for the purchase of
eleven (11) vehicles for use in City operations, consisting of: three (3) complete SUV
type; two (2) pickup type; and six (6) cab and chassis type that were to be customized
at a later date; and
WHEREAS, the time set for the deadline to receive bids for the purchase of the
vehicles was 3:00p.m. on February 13, 2014; and
WHEREAS, no responses were received; and
WHEREAS, Poway Municipal Code Section 3.28.070 (E) provides that in the
purchase of equipment in excess of $50,000, the City Council may reject all bids and
readvertise for bids or, if no bids were received, the City Council may follow the
procedures set forth in Public Contract Code Section 20167 and direct the Director of
Administrative Services, or a person designated by the Director of Administrative
Services to proceed with procedures for purchase of the equipment through the open
market process or competitive negotiations; and
WHEREAS, Purchasing, in concurrence with the Director of Administrative
Services, recommends that the City Council authorizes the termination of the bid
process and directs the Director of Administrative Services or a person designated by
the Director of Administrative Services to proceed to acquire the vehicles through either
open market purchasing or competitive negotiation with one or more vendors; and
WHEREAS, the City Council believes it to be in the best interest of the City to
proceed with the acquisition of the vehicles through either open market purchasing or
competitive negotiation with one or more vendors.
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 bids were received for the purchase of eleven (11)
vehicles. ·
Section 2: The City Council hereby terminates the bid process for the
purchase of eleven (11) vehicles, and dire'cts the Director of Administrative Services or
a person designated by the Director of Administrative Services to proceed to acquire the
3 of4 ATTACHMENT A April15, 2014, Item# J. g
Resolution No. 14-
Page4
vehicles through either open market purchasing or competitive negotiation with one or
more vendors, such procedure to be determined by the Director in his sole discretion.
Section 3: This Resolution shall require a four-fifths vote of the City Council.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 15thth day of April, 2014.
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO)
Don Higginson, Mayor
I, Sheila Cobain, CMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14-was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of April, 2014, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
4 of4
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014 Item# 1.8
Resolution Terminating Bid Process for Purchase for the Cpnstruction and Installation of
Six (6) Truck Bodies, RFB 14-007, and Authorizing Open Market Purchasing or
Competitive Negotiations
April 15, 2014
Page2
January 9 and 16, 2014. Once the bid was advertised, staff called several businesses
to make them aware the bid was available. The bid opening was held on February 13,
2014. One bid was received but it was deemed non-responsive. In the event that no
bids are received for a public project, per the Municipal Code and upon four-fifths vote,
the City Council may direct staff to proceed with the purchase by open market purchase
or competitive negotiations, in accordance with California Public Contract Code
Sections 20166 and 20167.
Fiscal Impact:
Sufficient funds are appropriated in the budget (01 05-61 04) for the open market
purchase of these truck bodies.
Environmental Review:
This action is not subject to CEQA review.
Public Notification:
None.
Attachment:
A. A Resolution of the City Council of the City of Poway, California Terminating Bid
Process for Construction and Installation of Six (6) Truck Bodies and Directing
Open Market Purchasing or Competitive Negotiations
2 of4 April 15, 2014 Item# 1. q
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
TERMINATING BID PROCESS FOR CONSTRUCTION
AND INSTALLATION OF SIX (6) TRUCK BODIES AND
DIRECTING OPEN MARKET PURCHASING
OR COMPETITIVE NEGOTIATIONS
WHEREAS, the City of Poway did duly advertise for bids for purchase for the
construction and installation of six (6) truck bodies; and
WHEREAS, the time set for the deadline to receive bids for the purchase of the
truck bodies was 3:00p.m. on February 13, 2014; and
WHEREAS, one bid was received but it was deemed non-responsive due to the
bidder's failure to provide the required bid security; and
WHEREAS, Poway Municipal Code Section 3.28.070 (E) provides that in the
purchase of equipment in excess of $50,000, the City Council may reject all bids and
readvertise for bids or, if no bids were received, the City Council may follow the
procedures set forth in Public Contract Code Section 20167 and direct the Director of
Administrative Services, or a person designated by the Director of Administrative
Services to proceed with procedures for purchase of the equipment through the open
market process or competitive negotiations; and
WHEREAS, Purchasing, in concurrence with the Director of Administrative
Services, recommends that the City Council authorizes the termination of the bid
process and directs the Director of Administrative Services or a person designated by
the Director of Administrative Services to proceed to acquire the truck bodies through
either open market purchasing or competitive negotiation with one or more vendors; and
WHEREAS, the City Council believes it to be in the best interest of the City to
proceed with the acquisition and construction of the truck bodies through either open
market purchasing or competitive negotiation with one or more vendors.
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 purchase for the
construction and installation of six (6) truck bodies.
Section 2: The City Council hereby terminates the bid process for the
purchase for the construction and installation of six (6) truck bodies, and directs the
Director of Administrative Services or a person designated by the Director of
Administrative Services to proceed to acquire the truck bodies through either open
3 of4 ATTACHMENT A April 15, 2014 Item# 1. q
Resolution No. 14-
Page4
market purchasing or competitive negotiation with one or more vendors, such procedure
to be determined by the Director in his sole discretion.
Section 3: This Resolution shall require a four-fifths vote of the City Council.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway at a regular meeting this 15th1h day of April, 2014.
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO)
Don Higginson, Mayor
I, Sheila Cobain, CMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 14-was duly adopted by the City
Council at a meeting of said City Council held on the 151h day of April, 2014, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
4 of4
Sheila R. Cobian, CMC, City Clerk
City of Poway
April 15, 2014 Item# J. q_
ORDINANCE NO. 769
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING SECTIONS 9.48.130, 9.48.270, AND 9.48.310
OF CHAPTER 9.48 OF THE POWAY MUNICIPAL CODE,
REGARDING COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS
WHEREAS, it is the intent of the City Council of the City of Poway in enacting
this ordinance, to provide for the public health, safety, and welfare by regulating the
operation of City of Poway park, recreation, and cultural facilities that fall under the
jurisdiction of the Community Services Department; and
WHEREAS, on December 20, 2005, the Poway City Council enacted Chapter
9.48 of the Poway Municipal Code regarding Community Services Department Facility
Rules and Regulations; and
WHEREAS, it is necessary from time to time to update the rules and regulations
for use of Community Services facilities; and
WHEREAS, minor changes to Chapter 9.48 will bring about changes to better
manage the health, safety and welfare of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: Sections 9.48.130, 9.48.270, and 9.48.310 of Chapter 9.48 of the
Poway Municipal Code are hereby repealed.
Section 2: Section 9.48.130 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read:
9.48.130 Fire hazard.
No person, shall ignite, or permit to be ignited, a fire in any location in a City Community
Services facility except in a campfire or cooking area provided by the City. No person
shall throw away any lighted tobacco product, or any burning or combustible material or
other matter that could set fire to grass, shrubs, buildings or any other combustible
substance. Burning tobacco materials may only be disposed of in proper ashtray or
receptacle provid~d for such purpose.
An exception may be approved by the Director for standard cake candles less than four
inches that are intended to be easily blown out, and standard "sterno" cans used only
for heating chafing dishes. (Ord. 630 § 2, 2005)
Attachment A
2 of5 April15, 2014, Item #1.10
Ordinance No. 769
Page 2
Section 3: Section 9.48.270 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.270 Alcoholic Beverages.
A. No person shall transport into a City Community Services facility, or consume upon
the premises of a City Community Services facility, any intoxicating liquors having an
alcoholic content in excess of 20 percent by volume.
B. No person shall consume any alcoholic beverage at any time at the archery range, in
facility parking lots, or a playground area of a City park.
C. Except as expressly provided below, no person shall consume any alcoholic
beverage in any other indoor or outdoor area of a City Community Services facility
between 9:00p.m. and 10:00 a.m.:
1. On Lake Poway or within the high water line or concession balcony of Lake
Poway during the established operating hours; or
2. At the Poway Center for the Performing Arts; or
3. Pursuant to permit issued by the City for a special public event.
D. No person shall consume any alcoholic beverage at any City Community Services
facility during times that it has been rented, with or without remuneration to the City, to
house a youth event. Youth events include rite of passage celebrations such as bar
mitzvahs, bat mitzvahs, quinceneras, "sweet 16" and other birthday parties, in addition
to youth sports team games and parties, and all events involving social groups whose
participants and/or members are primarily under the age of 21 years. (Ord. 630 § 2,
2005)
Section 4: Section 9.48.310 is hereby added to Chapter 9.48 of the Poway
Municipal Code to read as follows:
9.48.310 Directive Prohibiting Presence in Park.
A. Any person who violates any provision of this chapter which protects the health or
safety of any other person, and, after being directed by Community Services site
personnel to cease and desist from such conduct, refuses or fails to do so, shall remove
himself from the Community Services facility if so directed by a Community Services
site employee. No person who is ordered excluded from a Community Services facility
shall remain upon or return to the Community Services facility property during the period
covered by the order.
3 of 5 April15, 2014, Item #1.10
Ordinance No. 769
Page 3
B. The directive excluding a person from a Community Services facility for a period no
longer than seventy-two (72) hours may be in verbal form and reported to the Director.
Directives exceeding seventy-two (72) hours shall be in writing, signed by the Director
of Community Services or designee, and shall not exceed one hundred eighty (180)
days. Directives may be appealed to the City Manager or designee. Appeal may only be
commenced by a written request for a hearing filed in the office of the City Manager
during the period that the person is excluded from the Community Services facility. The
appeal shall be conducted promptly. Formal rules of evidence shall not apply. The
hearing officer shall issue the decision in writing. The decision of the hearing officer
shall be final.
Section 5: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
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 held the 1st day of April 2014, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the '15th day of April 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
4 of5 April15, 2014, Item #1.10
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO)
Ordinance No. 769
Page4
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify that
the foregoing Ordinance No. 769, was duly adopted by the City Council at a regular
meeting of said City Council held on the 15th day of April 2014, and that it was so
adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
5 of 5
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014, Item #1.10
A Resolution of Intention to Establish Underground Utility District No. 67
April 15, 2014
Page 2
On November 5, 2013 the City Council appropriated funding for the design and
construction of the Espola Road Safety Improvements project. The project will
construct a path and related improvements on the west side of Espola Road from
Mountain Road to just south of Willow Ranch Road. The project includes lighting at
intersections, and wood pole fencing. Undergrounding of overhead utilities is also
included as part of the improvement project, with the undergrounding to be funded with
the City's available 20A funds.
Rule 20 sets policies and procedures for the conversion of overhead power lines and
other equipment to underground facilities. Under Rule 20, undergrounding projects are
financed by utility rate money. These funds come from the rates paid by utility
customers and are distributed annually by SDG&E to jurisdictions to pay for
undergrounding projects. All customers and ratepayers, not just those who live in
locations where facilities will be undergrounded, pay them with their utility bills. Each
jurisdiction chooses which projects will be paid for with 20A funds.
The City intends to use a portion of the 20A funds to also pay for the conversion of
electric service panels to accept underground service for all of the lots within the Espola
Road Underground Utility District and to pay for trenching excavation, conduit
installation, backfill and surface restoration of each customer's individual service lateral.
While 20A funds may be used for standard panel conversions, they may not be used for
existing panel upgrades if required by current building codes. The City will perform the
panel upgrades if necessary and the property owners will not be responsible for the cost
of this construction.
Findings:
It is desirable to underground existing overhead utilities in this area using the City's
available 20A funds in conjunction with construction of the improvement project. Prior
to undergrounding, Rule 20 requires the formation of an underground utility district. By
establishing an underground utility district, poles, overhead wires, and associated
overhead structures will be prohibited within the district.
The City's available 20A funds are not sufficient to underground the entire length of the
improvement project. The proposed district limits were determined by SDG&E based
upon their determination of how much undergrounding could be accomplished using the
City's available 20A funds. The proposed underground district extends along Espola
Road from approximately Mountain Road to just north of Jerome Drive. Existing utility
poles outside of the underground district, but within the improvement project limits, will
be relocated at utility company expense if in conflict with the project improvements.
The boundaries of the proposed district are shown in Attachment B. Sixteen utility poles
will be removed and eleven residences will be converted from overhead to underground
service. The existing pole located between 14144 and 15004 Espola Road (P615446)
will remain, as this pole supports overhead distribution lines to the west which will
2 of7 April 15, 2014 Item # _]J
A Resolution of Intention to Establish Underground Utility District No. 67
April 15, 2014
Page 3
remain overhead. The existing pole at 14845 Espola Road (P319105) will remain, as
this pole supports distribution lines to the east which will remain overhead. A single guy
wire will cross Espola Road at this location. The small pole at 14815 Espola Road
(801770H) will remain for guy purposes only.
Currently, portions of the existing overhead utilities on Espola Road do not meet the
Americans with Disabilities Act (ADA) standards. The utility poles impede pedestrian
movement and will interfere with the proposed improvements. The removal of poles,
overhead wires and associated structures, and the underground installation of wires and
facilities for supplying electric, communication and similar or associated service will
improve public health, safety, and welfare by improving ADA compliance, as well as
improving the aesthetics of Espola Road.
The adoption of the attached Resolution of Intention is the first step in forming the
district. Staff will request the approval of the district by Ordinance at a future City
Council meeting.
Fiscal Impact:
The utility undergrounding will be accomplished using the City's currently available 20A
funds, about $1,250,000, and an advance of five future years' allocations of
approximately $130,000 annually, for a total of approximately $1,890,000.
Environmental Review:
Pursuant to Section 15183 of the 2014 California Environmental Quality Act (CEQA)
guidelines, the certified Final Environmental Initial Report (EIR) adopted on June 4,
2013, for the Espola Road Improvement Project, adequately addresses the conversion
(replacement) of the existing utility system along a portion of Espola Road as it is
designed to be consistent with the project described in the EIR, and that additional
environmental review for this project is not required.
Public Notification:
In accordance with Municipal Code Section 12.48.020, letters were mailed on March 27,
2014, to property owners within the underground district. Additional notice was
provided to property owners fronting Espola Road within the Espola Road safety
improvement project limits, to notify them about the project and inform them of the April
15, 2014 Public Hearing. SDG&E, AT&T, and Cox Communications have been notified
of this impending work. Full design coordination with the utility companies will occur
following approval of this District by the City Council.
Attachments:
A. Resolution of Intention to Establish Underground Utility District No. 67
B. Site Map With Proposed District Boundaries
M·\CIP _Development\CJP Admm\Agenda Reports\2014 Reports\Espola Road Safety Improvement ProJect\rpt docx
3 of7 April15, 2014 lte~ #~
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
DECLARING THE INTENTION TO ESTABLISH
UNDERGROUND UTILITY DISTRICT NO. 67
WHEREAS, the City Council of the City of Poway desires to establish an
Underground Utility District along Espola Road from Mountain Road to three hundred feet
north of Jerome Drive (Exhibit A) for the purpose of improving the public health, safety, and
welfare by placing all utilities underground; and
WHEREAS, Pursuant to Poway, Municipal Code (Chapter 12.48) a Public Hearing
was held on April 15, 2014 to discuss the proposed Underground Utility District; and
WHEREAS, The City Council heard public testimony for and against the proposed
Underground Utility District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1. The foregoing recitals are true and ·correct and the City Council declares its
intent to establish Underground Utility District No. 67.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April, 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
4 of7 April15, 2014 Item# 3.1
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page 2
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14-was duly adopted by the City Council at a
meeting of. said City Council held on the 15th day of April2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
ATT'ACHMENTS:
Exhibit A
5 of 7
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014 Item#~
Steve Crosby
From:
Sent:
To:
Subject:
David,
ADDITIONAL MATERIAL
Steve Crosby
Monday, April 14, 2014 7:22 AM
'David Haessig'
RE: Espola Road Underground Utilities
If you have any further questions or concerns about the project please give me a call.
Sincerely,
Steve Crosby PE, CFM
City Engineer
City of Poway
Phone (858) 668-4603
Fax (858) 668-1212
From: David Haessig [mailto:dhaessig@go2evo.com]
Sent: Monday, April14, 2014 3:11AM
To: Steve Crosby
Cc: 'Cat H.'; Rich Whipple
Subject: RE: Espola Road Underground Utilities
Steve,
I figured out why the newspaper and my information appeared to be in conflict. So the problem is solved.
Best regards,
Reply From David Haessig, 14802 Espola.
From: Rich Whipple [mailto:RWhipple@poway.org]
Sent: Friday, April 11, 2014 8:53AM
To: David Haessig
Cc: 'Cat H.'; Steve Crosby
Subject: RE: Espola Road Underground Utilities
Hi David ...
My colleague, Steve Crosby, City Engineer, is the project manager of the Esplanade Road Underground in
District. I am going to defer to him and have copied him on this email response so that we can give you and
accurate response. Thank you.
Rich Whipple, Poway City Planner
Sent f1om my Venzon W~reless 4G L TE smartphone
1
1 of2 April15, 2014, Item #3.1
--------Original message --------
From: David Haessig
Date:04111/2014 6:46AM (GMT-08:00)
To: Rich Whipple
Cc: "'Cat H."'
ADDITIONAL MATERIAL
Subject: Espola Road Underground Utilities
Rich,
We received notice about the underground utilities that said we are not in the new utility
district 67. We were told this is because the undergrounding will take place on the East
side of the road, and those properties will be undergrounded. This information conflicts
with the headline article in the 10 Apr 2014 Chieftain where is says "West side".
And it says some poles will remain. Can you tell me which poles will be removed?
Especially those that are on or near our property? I tried to find information on the City
website, but was not successful.
Sincerely,
David Haessig
14802 Espola Road
Poway, Ca., USA 92064
(858)231-8777 eel
2
2 of2 April15, 2014, Item #3.1
Steve Crosby
From:
Sent:
To:
Subject:
ADDITIONAL MATERIAL
rameim@cox.net
Monday, March 31, 2014 4:35 PM
Steve Crosby
RE: Utility District No. 67
Thanks so much Steve for your prompt response and for addressing all of my questions in both this email and your
phone call to me this morning. Once again I feel privileged to experience what a pleasure it is to live in Poway where my
city government acts so professionally and so responsively for its residents.
Ralph
----Steve Crosby <SCrosby@poway.org> wrote:
>Mr. Michael,
>
>Thank you for your email. There is not a fee increase or tax associated with this resolution. As far as estimating the
construction start date, the creation of an underground district requires a series of three City Council Meetings, after
which the utility companies will prepare plans and specs for bidding the undergrounding construction work. This will
likely put the actual start of undergrounding construction a year or more from today. This work commonly occurs in two
phases, first trenching, installation of conduit, and trench repair, followed by the placing of cables in the conduit and
removal ofthe overhead lines and poles.
>
>There will likely be power outages associated with this work, if your property is affected by a proposed power outage
you will receive an advance notice from the utility companies indicating the date and estimated duration of the outage.
>
>The wording of the notice indicating whether a property is or is not within the proposed district is actually referring to
whether or not the service to the residence on the property will be placed underground. The individual service to your
residence will not be placed underground, however you are correct that a portion of the proposed district would cross
easements on your property. The north/south overhead lines on the east side of Espola Road at El Topo Drive would be
placed underground and also the overhead line running east along El Topo Drive from Espola Road would be placed
underground up to the existing pole located near the northeast corner of your property.
>
> I would be glad to address any additional questions you have regarding this matter.
>
>Sincerely,
>
> Steve Crosby PE, CFM
>City Engineer
> City of Poway
> Phone (858) 668-4603
>Fax (858) 668-1212
>
> -----Original Message-----
> From: rameim@cox.net [mailto:rameim@cox.net]
>Sent: Friday, March 28, 2014 4:39 PM
>To: Steve Crosby
>Subject: Utility District No. 67
>
>Hi Steve,
>
1 of2 1 April15, 2014, Item #3.1
> I own the property at 14219 El Topo Dr. and just got the notice about the City Council meeting for the Resolution of
Intention. I have an observation to share and some questions for you.
>
>Observation:
> I have had occasion to visit the City's Planning/Engineering department in the past and observed that the City's version
(at least the one that was presented on the Department's computer for me to view) of the area's plat map was incorrect.
(On a side note, my interactions with Penny Riley were very pleasant and professional and I'm sorry to see her gone).
>
>To wit; It doesn't reflect the fact that my property includes El Topo Dr. from Es'pola to my eastern property line, and
that my property includes the eastern half (northbound lanes) of Espola 50 feet nort.h and south each in direction from
the midpoint of El Topo Dr. (I often joke with my neighbors that I should revoke my easement with the city and put up a
toll booth on the northbound lanes of Espola as the morning rush hour to the high school would help fund a fairly nice
retirement).
>
>Therefore technically the Notice is inaccurate in stating" ... your property does not fall within the limits of the proposed
Underground Utility District..." as it actually does. I have not encountered this City plat map inaccuracy being an issue
until now, and I'm not sure if it really is an issue even now, but if you think it should be corrected to make sure the City
properly understands where my property boundries are, then I have the deed, plat maps and easements available for
the City to review.
>
>Question:
>Is there a tax or fee increase associated with this Resolution?
>
>Question:
>When would the work be done around the El Topo Dr. area?
>
>'Question:
>How long would the work last around the El Topo Dr. area?
>
>Question:
>Would our utilities be cut/turned off on El Topo Dr. due to this work and if so, when and for how long?
>
>Thanks, Steve for taking the time to give me this information as it will help me determine if I should attend the April
15, 2014 City Council meeting and if I need to insist that the City correct its mis-understanding of my property
boundries.
>
>Ralph Michael
> 14219 El Topo Dr.
> Poway, CA 92064
> Hm# 858.842.1717
> Cell# 619.980.6585
> rameim@cox.net
>
2 of2 2 \-April15, 2014, Item #3.1
A Resolution of the City of Poway Adopting the Trans Net Local Street Improvement
Program List of Projects for Fiscal Years 2014/2015 through 2018/2019
April 15, 2014
Page 2
Findings:
The TransNet Extension Ordinance requires local agencies every two years to adopt a
five-year list of projects to be included in the RTIP and funded with TransNet revenues.
In developing the list of projects, local agencies shall give a high priority to the use of
these funds for improving regional arterials and related facilities contributing to
congestion relief. Attachment B is the 2014 RTIP five-year list of projects for the City of
Poway.
The City of Poway's total share of the TransNet revenues for local street and road
program improvements is estimated at $7,665,000 over the five-year period covered in
the proposed 2014 RTIP. The TransNet Ordinance requires that at least 70% of the
revenue be used for congestion relief improvements, and that up to 30% can be used
for maintenance purposes. Funds that are not used during each Fiscal Year are rolled
over to next year as part of the total revenues available to the City.
Several projects which were identified in the City's 2012 RTIP have been completed
including the 12/13 and 13/14 Overlay projects. Others, such as the Poway Road
Corridor Study and Midland Road Improvements are in process.
Fiscal Impact:
Based on SANDAG projections, the estimated TransNet revenue for Fiscal Years
2014/2015 through 2018/2019, as shown in Attachment C, is $7,665,000.
Environmental Review:
This action is not subject to review under the 2014 California Environmental Quality Act
(CEQA) Guidelines.
Public Notification:
A Notice of Public Hearing has been published in the Poway News Chieftain. The
notice is required by TransNet Ordinance.
Attachments:
A Resolution
B City of Poway 2014 RTIP Five-Year List of Projects
C TransNet Revenue Forecast
M:\CIP _ Development\CIP Admm\Agenda Reports\20 I 4 Reports\20 I 4 RTIP\20 I 4 RTIP docx
2 of7 April15, 2014 Item# ~.1,
------------------------------------
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ADOPTING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM
LIST OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019
WHEREAS, on November 4, 2004, the voters of San Diego County approved the
San Diego Transportation Improvement Program Ordinance and Expenditure Plan
(TransNet Extension Ordinance); and
WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as
the Regional Transportation Commission, shall approve a multi-year program of projects
submitted by local jurisdictions identifying those transportation projects eligible to use
transportation sales tax (TransNet) funds; and
WHEREAS, the City of Poway was provided with an estimate of annual TransNet
local street improvement revenues for Fiscal Years 2014/2015 through 2018/2019; and
WHEREAS, the City of Poway has held a duly noticed public hearing with an
agenda item that clearly identified the proposed list of projects prior to approval of the
projects by the City Council in accordance with Section 5(A) of the TransNet Extension
Ordinance and Rule 7 of SANDAG Board Policy No. 31;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows: ·
Section 1: The 2014 Regional Transportation Improvement Program list of projects for
fiscal years 2014/2015 through 2018/2019 is hereby adopted.
Section 2: Pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of
Poway certifies that no more than 30 percent of its annual revenues shall be spent on local
street and road maintenance-related projects.
Section 3: Pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of
Poway certifies that all new projects, or major reconstruction projects, funded by Trans Net
revenues shall accommodate travel by pedestrians and bicyclists, and that any exception
to this requirement permitted under the Ordinance and proposed shall be clearly noticed as
part of the City of Poway's public hearing process.
Section 4: Pursuant to Section 8 of the TransNet Extension Ordinance, the City of
Poway certifies that the required minimum annual level of local discretionary funds to be
expended for street and road purposes will be met throughout the five-year period
consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG.
3 of7 ATTACHMENT A April15, 2014 Item# ~.1
Resolution No.
Page 2
Section 5: Pursuant to Section 9A of the TransNet Extension Ordinance and the City of
Poway Municipal Code Section 15.06.050, the City of Poway certifies that it will extract
$2,209, plus all applicable annual increases, from the private sector for each newly
constructed residential housing unit in the City of Poway, and shall contribute such
exactions to the Regional Transportation Congestion Improvement Program (RTCIP).
Section 6: Pursuant to Section 13 of the TransNet Extension Ordinance, the City of
Poway certifies that it has established a separate Transportation Improvement Account
for TransNet revenues with interest earned expended only for those purposes for which the
funds were allocated.
Section 7: Pursuant to Section 18 of the TransNet Extension Ordinance, the City of
Poway certifies that each project of $250,000 or more will be clearly designated during
construction with TransNet project funding identification signs.
Section 8: The City of Poway does hereby certify that all other applicable provisions of
the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met.
Section 9: The City of Poway will use TransNet revenues to fund its annual share of the
Regional Arterial Management System (RAMS) maintenance and operation cost, and to
authorize SANDAG to withhold $7,300 annually for Fiscal Year 2014/2015 through Fiscal
Year 2018/2019 at the beginning of each fiscal year for this purpose.
Section 10: The City of Poway agrees to indemnify, hold harmless, and defend SANDAG,
the San Diego County Regional Transportation Commission, and all officers and
employees thereof against all causes of action or claims related to the City of Poway's
TransNet funded projects.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 15th day of April 2014.
Don Higginson, Mayor
ATTEST:
Sheila R. Cobian, CMC, City Clerk
4 of7 April 15, 2014 Item # ~ .1
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page 3
I, Sheila R. Cobian, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 14-was duly adopted by the City
Council at a meeting of said City Council held on the 15th day of April2014, and that it was
so adopted by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
5 of 7
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014 Item# 3.'-
City of Poway 2014 RTIP Five-Year List of Projects
PROJECT FY 14/15 FY 15/16
RAMS* $7,300 $7,300
Arterial Patching $230,000 $120,000
Overlay Edgemoor Street $130,000
Overlay Evanston Drive $80,000
Overlay Piaute Place $50,000
Overlay Via Stephen/Via Lisa $150,000
Overlay Ann-0-Reno Lane $140,000
Overlay Carriage Road $130,000
Overlay Alpine Drive $70,000
Twin Peaks Road Medians ~150,000 ** $200,000
Overlay Garden Road $700,000
Overlay Stowe Drive
Overlay Poway/Pomerado Intersection
Overlay SPP Danielson to ECL
Overlay Pomerado/Kaitz to Hospital
Overlay Francine Terrace
Overlay Adah Lane (public portion)
Poway Grade Intersections
Poway Road Medians
Neighborhood Sidewalks Project
Annual Total (70% Projects) $987,300 $1,027,300
70% of projected TRANSNET revenue $991,900 $1,029,200
*Regional Arterial Management Signal System support and maintenance
** $150,000 funding from development impact fees
6 of7 ATTACHMENT B
FY 16/17 FY 17/18 FY 18/19
$7,300 $7,300 $7,300
$160,000 $200,000 $100,000
$600,000
$300,000
$50,000
$480,000
$300,000
$70,000
$50,000
$300,000
$400,000
$300,000
$1,067,300 $1,107,300 $1,157,300
$1,068,900 $1,110,200 $1,164,800
April15, 2014 Item# '3.1.
~--------------------------------------------------------------------------
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Jurisdiction
Carlsbad
Chula Vtsta
Coronado
Del Mar*
El CaJOn
EnCinttas
Escondtdo
lmpenal Beach
La Mesa 4
Lemon Grove
Nattonal Citl
Oceanside
Poway
San Dtego
San Marcos 4
Santee 4
Solana Beach 4
Vtsta
Countl
Subtotal Street & Road
Local EMP 5
Local Smart Grovvth 5
DRAFT TransNet Revenue Forecast-Local Street Improvement Program 1
Estimate of Revenues for FY 2015 to FY 2015f(in $000s)
Jan. 2013 Maintained·
Population 3 Miles3 FY 2015 FY 2016 FY 2017
108,246 275 7 $2,678 $2,782 $2,890
251,613 447.5 $5,522 $5,739 $5,965
23,176 42 5 $558 $578 $599
4,199 28 5 $182 $187 $165
100,460 191.6 $2,278 $2,366 $2.458
60,482 162 4 $1,546 $1,605 $1,667
145,908 294.8 $3,339 $3,470 $3,605
26,496 56 7 $658 $682 $707
58,244 149 5 $945 $1,001 $1 '103
25,554 67 7 $679 $704 $730
58,838 101 6 $935 $988 $1,042
169,350 476.6 $4,310 $4,479 $4,654
48,559 180.8 $1,417 $1,471 $1,527
1,326,238 2,698.0 $30,010 $31 '197 $32.433
87,040 170.7 $222 $299 $379
55,033 127 8 $752 $805 $857
12,987 47.9 $89 $103 $118
95,264 175.5 $2,142 $2,225 $2,311
492,491 1,923 1 $12,837 $13,396 $13,981
3, 150,178 7,619 0 $71,098 $74,075 $77,193
$4,707 $4,891 $5,083
$5.491 $5,706 $5,930
Revised 2111114
FY 2018 FY 2019
$3,003 $3,153
$6,200 $6,512
$621 $650
$230 $239
$2,553 $2,680
$1,731 $1,816
$3,747 $3,934
$733 $768
$1,643 $1,724
$757 $793
$1,095 $1,166
$4,837 $5,080
$1,586 $1,664
$33,718 $35,428
$463 $574
$915 $989
$134 $155
$2,401 $2,520
$14,588 $15,396
$80,954 $85,241
$5,282 $5,547
$6,162 $6,472
*Revenue estimates for planntng purposes only. Payments wtll be based on actual sales tax monthly rece1pts from the State Board of Equalizatton
1.ProJectton of revenues are based on esttmate of growth rate on taxable sales as forecasted by SANDAG and excludes interest and prtor year excess funds.
2 Dtstrtbutton of revenue estimates are based on the 2004 Propos1t1on A Extenston: San Otego Transportation Improvement Program and Expendtture Plan
and apporttoned as follows (a) $50,000 annual base per agency, (b) balance dtstnbuted on a formula of 2/3 population and 1/3 mamtamed miles.
3 Populatton numbers are based on state Department of Ftnance (DOF) est1mates as of January 2013, Ma1nta1ned miles ftgures are based on Caltrans 2011
California Public Road Data (Oct 2012)
4 Revenues are net of estimated commertCial paper and/or bond debt servtce payments
5 EMP to be dtstnbuted on a proJect by project basts, Smart·Growth to be allocated based on Call for Projects process
2 of70
Resolutions Establishing Facility Use Rules, Facility Use Policy, and Master Fee Schedule
April 15, 2014
Page 2
the region. The City Council has adopted two' policies related to facility use: the Facility
Use Rules and Regulations Policy and the Programming and Facility Use Fee Policy. The
Facility Use Rules and Regulations Policy, outlines the rules and limitations for use of
Community Services Facilities, some of which can be used on a first-come, first-serve
basis, and some of which require a rental reservation. The Programming and Facility Use
Fee Policy establishes the user group fee categories and priorities for use of Community
Services facilities. The policy also describes the ·deposits, due dates, processing fees,
cancellation fees, refunds and other charges for facility use, and program registration for
the recovery of some operation and maintenance costs associated with the facilities. The
fees are listed in the Community Services section of the City's Master Fee Schedule.
The last updates to the Facility Use Rules and Regulations Policy and Programming, and
Facility Use Fee Policy were approved by the City Council on December 18, 2007. The
last update to the Community Services section of the Master FeeSctiedule was approved
by the· City Council on June 5, 2012.
On April 1, 2014, an Ordinance Amending Sections of Chapter 9.48 of the Poway
Municipal Code relating to Community Services Facility Rules and Regulations was
introduced. The second reading and adoption of the ordinance is also .on this agenda
under a separate agenda report.
Findings:
I. Facility Use Rules and Regulations Policy
The Facility Use Rules and Regulations Policy has been updated to incorporate changes to
regulations and policies, changes in operations, and current practices.· The changes are
made for the safety and benefit of the public who utilize Community Services facilities, and
to enhance service delivery.
• Chapter 9.48 of the Poway Municipal Code (PMC) is incorporated into the policy,
along with other rules and limitations for use of Community Services facilities. The
amendments to Chapter 9.48 of the PMC, also on this City Council agenda, are
included in this updated policy, contingent upon City Council approval and adoption
of the ordinance.
• The provisions of Ordinance No. 766 prohibiting electronic cigarettes are
incorporated into the policy.
• The updated policy removes the specific hours of operation for each facility and
authorizes the City Manager to establish the hours of operation for facilities, outdoor
facility lighting, fishing, boating and City programming. This flexibility allows
changes to meet the needs of the community without first obtaining City Council
approval.
April 15, 2014 lt~m # 3.3
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Resolutions Establishing Facility Use Rules, Facility Use Policy, and Master Fee Schedule
April 15, 2014
Page 3
• The process for submitting a Facility Use Application and the required
documentation (e.g., proof of insurance, Poway residency, nonprofit status) have
been further clarified in the policy to ensure that City of Poway facilities are reserved
in a proper and consistent manner, and that they are utilized for their intended
purpose.
• Changes have been made to the General Rules Governing Facility Use (e.g., setup,
decorations, serving alcohol, cleanup, etc.) to ensure that rental clients derive the
maximum benefit from the permitted use of Community Services facilities, with
consideration given to safety and the protection of City property.
• The provisions addressing motion and still photography have been updated to more
clearly distinguish the rules and requirements for professional portrait
photography/videography for personal, private use, commercial film and print, and
student film and print. ·
• Provisions relating to neighborhood parks are further clarified and expanded.
To improve the organization of the document, sections of the policy have been moved and
renumbered. Additional specific changes made to the policy are listed in Attachment D.
The entire updated Facility Use Rules and Regulations Policy is attached as Exhibit 1 to
the proposed resolution (Attachment A).
II. Facility Use Fee Policy
The Facility Fee Policy has been updated to incorporate changes to regulations and
policies, changes in operations, and current practices. The changes further clarify user fee
categories and priorities for use of Community Services facilities. The changes are also
made to provide for the recovery of operational and maintenance costs associated with the
use of the facilities for meetings, functions, programs, and events.
• The classification and priority of applicants into user fee categories are updated and
defined to provide clarification to the public and' staff. The Poway Unified School
District (PUSD) and their school foundations are classified as Category A.
• The policy is updated to .include the recent establishment of a rental package. A
rental package allows the use of specific facilities for a set number of hours. Facility
rental fees for rental packages are equal to or less than the individual facility rental
fees. The benefits of this change are staff efficiency in booking multiple facilities for
weddings or large events, and convenience for the public. ·
April 15, 2014 Item # 3.3
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Resolutions Establishing Facility Use Rules, Facility Use Policy, and M·aster Fee Schedule
April 15, 2014 · ·
Page4
• The refund section of the policy has been further clarified for classes and programs.
Additionally, a customer wishing to cancel a registration has the option of receiving
.a full credit on account, in lieu of a refund, valid for one year, which may be applied
to another enrollment or reservation. The section has also been modified to'clarify
that, in lieu of a refund, a customer may reschedule a reservation in anticipation of
inclement weather if t,he request is made in advance and space is available.
Additional specific changes made to the policy are listed in Attachment D.
The entire updated Programming and Facility Use Fee Policy is attached as Exhibit 1 to the
proposed resolution (Attachment B).-
Ill. Community Services Section of the Master Fee Schedule
The Community Services Facility Use Fee Policy allows the Director of Community
Services to determine fees associated with facilities or programs added to the jurisdiction
of the Community Services Department in a manner that is consistent with existing facilities
or programs.
The last' update to the Community Services Department Section of the Master Fee
Schedule was approved June 5, 2012. Since then outdoor rental areas (Ceremony Lawn
and Box Car Lot at Old Poway Park, and Gazebo at Community Park) and rental packages
(wedding packages at Old Poway Park) have been brought online using existing deposit
and r~ntal fees. Also, Kid's Night Out has been added to the community programming,
utilizing an existing fee category. Additions and changes that have been administratively
approved are now itemized in the updated Community Services Section of the Master Fee
Schedule, to provide clarity to the public. The updated Community Services section of the
Master Fee Schedule is attached as Exhibit 1 to the proposed resolution (Attachment C).
Fiscal Impact:
There is no fiscal impact associated with this action.
Environmental Review:
Environmental review is not required per CEQA guidelines.
Public Notification:
A copy of this report was provided to the members of the Parks and Recreation Advisory
Committee.
April15, 2014 Item# 3.3
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Resolutions Establishing Facility Use Rules, Facility Use Policy, and Master Fee Schedule
April 15, 2014
Page 5
Attachments:
A. Resolution Establishing the Community Services Department Facility Use Rules and ,
Regulations Policy
B. Resolution Establishing the Community Services Department Programming and·
Facility Use Fee Policy
C. Resolution Amending the Master Fee Schedule to Update the Community Services
Fees
D. Specific Changes to Facility Use Rules and Regulations
April15, 2014 Item# 3.3
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RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING THE COMMUNITY
SERVICES DEPARTMENT FACILITY USE RULES AND
REGULATIONS POLICY, AND REPEALING
RESOLUTION NO. 07-088
WHEREAS, rules and regulations for operation of City of-Poway parks, recreation,
and cultural facilities that fall under the jurisdiction of the Community Services Department
have been established to provide for the public health, safety, and welfare; and
WHEREAS, it is necessary from time to time to update the rules and regulations for
use of City of Poway Community Services facilities; and
WHEREAS, the development of a Community Services Department Facility Use
Rules and Regulation Policy, which can be amended or added to in part by a Resolution or
Ordinance of the City Council of the City of Poway provides greater continuity and .efficiency
in the promulgation of these rules; and
WHEREAS, by Ordinance No. 766, the Poway City Council has adopted regulations
to prohibit smoking tobacco products and· inhaling vapors from non-tobacco products (e.g.,
electronic cigarettes, hookahs, or other similar products), in or u·pon public buildings, public
grounds, public parks, or public trails, which regulations supersede prior. rules and
regulations for the use of Community Services Department facilities; and
WHEREAS, by Ordinance No. 769, the Poway City Council has further approved
changes to Chapter 9.48, to revise the rules and regulations for use of Community Services
facilities; and
WHEREAS, specific hours of operation have been removed frbm the policy and the
City Manager or designee is authorized to set hours of operation for Community Services
facilities, outdoor facility lighting, fishing, boating, and City programming; and ·
WHEREAS, with the creation of new innovations and recreational products, the
addition of new types of recreational activities, and other societal changes, it is necessary to
add provisions addressing the public's. use of the City's recreational facilities, including public
trails; special events; recurring reservations; inflatable air bounces and play equipment;
powered model vehicles; mobile food vendors; motion and still photography;.~ noise; e-
cigarettes; business certificate requirements; and Old Poway Park rules and limitations; and
WHEREAS, in addition, the existing provisions addressing inflatables ~nd play
equipment; the process and requirements for submittal of a Facility Use Application; motion
and still photography; neighborhood parks; and the presence of alcohol are required to be
updated and clarified; and
WHEREAS, provisions addressing use of the Poway Library meeting room should be
eliminated, since it is now operated by the San Diego County Library; and
ATTACHMENT A April15, 2014 Item# 3.3
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Resolution No.
Page 2
WHEREAS, with the proposed amendments, the policy should be reorganized and
renumbered for clarity and consistency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows: ·
Section,.1: That certain Community Services Department Facility Rules and Regulations
Policy for the operation of Community Services facilities (the "Policy"), ,presented at this
meeting and as set forth in Exhibit 1 to this Resolution, is hereby approved and adopted by
the City Council. This Resolution shall .become effective i~mediately, although the
enforcement of Policy shall be suspended until May 16, 2014.
Section 2: Resolution 07-088 is hereby repealed, rescinded, and is of no further force and
effect.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 151
h day of April 2014. .
Don Higginson, Mayor
April15, 2014 Item# 3.3
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ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page 2
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14-was duly adopted by the City Council at a
meeting of said City Council held on the 151h day of April2014, and that it was so adopted by
the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
Exhibit:
1. Community Services Department Facility Use Rules and Regulations Policy
April15, 2014 Item# 3.3
Exhibit 1
CITY OF POWAY
COMMUNITY SERVICES DEPARTMENT
FACILITY USE RULES AND REGULATIONS POLICY
SECTION 1 GENERAL POLICY
1.1 DESCRIPTION AND PRIMARY USE OF FACILITIES.
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The primary uses for facilities contained in this policy are as. follows:
A. City parks, public trails, and Community Services facilities in general: for
recreation and leisure activities, both active and passive, which are
conducted by the Community Services Department, hereinafter referred to
as "Department".
B. Poway Center for the Performing Arts: as a municipal and educational
facility for the presentation of the performing arts, educational programming,
and the display of fine arts in a manner that is consistent with the Poway
Center for the Performing Arts Use Policy.
C. Poway Swim Center: as an aquati~ recreation venue also used to conduct
swim lessons that promote water safety and to provide limited swim team
practice and tournament spaces.
D. Neighborhood Parks: for mixed recre~tibnal uses that are balanced to meet
the needs of Poway youth sports and residents, and are compatible with the
surrounding area and parking limitations.
E. Blue Sky E8ological Reserve and amphitheater: for the preservation and
protection of an ecological resource, observation of the area's native flora
and fauna, and interpretive programming in a manner that protects the
biological resources of the Reserve.
F.
G.
H.
I.
Kumeyaay-lpai Interpretive Center: for the preservation of the rich cultural
history, native vegetation, and unique formations of rock boulders of the
site, and historical education for the public.
Lake Poway Recreation Area: for the City's domestic water storage and
for recreation activities and programs.
City Hall facilities:. for City business and public meetings of the Poway City
Council, and City commissions and committees. :
Veterans Park: as a permanent tribute to the past, present, and future
veterans of the United States Military, used to conduct official military and
scout ceremonies and functions; to honor veterans; and to provide a ·
location for quiet reflection on veterans' sacrifices to the country.
April15, 2014 Item# 3.3
Facility Use Rules and Regulations
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J. Old Poway Park: for the preservation of Poway's history, historical
education, community events, programming, and operations that "bring to
life" Poway's history.
1.2 CITY PRIORITY.
The City of Poway and the Community Services Department have first priority for
use of facilities. The City retains the right to cancel approved Facility Use Permits
in order to accommodate City needs. The City will make every attempt to notify
permitee in advance when a use permit is to be canceled; however, no notification
is required.
1.3 PERMIT REQUIRED.
Reservation of a facility is granted by permit only and users are subject to
observance of all City rules and regulations. Permits may be revoked for violation
of any City, County, State, and Federal rules or regulations. Permittee is
responsible for payment of all fees and conditions outlined in this policy, the City's
Facility Use Fee Policy, and Master Fee Schedule.
1.4 USE AGREEMENTS.
City may enter into use agreements with other agencies, groups and/or
organizations under terms that differ from this policy, the Facility Use Fee Policy,
or the Poway Center for the Performing Arts Use Policy, when it is determined that
such agreement is warranted. The terms of the use agreement will supersede this
policy.
SECTION 2 DEFINITIONS
2.1 CAMP means to reside in or use a park for living accommodation purposes,
as exemplified by remaining 'tor prolonged or repetitious periods of time not
associated with ordinary recreational use of a park with one's personal
possessions (including, but not limited to: clothing, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and
similar material), sleeping or making preparations to sleep, storing personal
belongings as above defined, regularly cooking or consuming meals, or
living in a parked vehicle. These activities constitute camping when it
reasonably appears, in light of all the circumstances that the participants, in
conducting these activities, are in fact using the area as a living
accommodation· regardless of the intent of the participants or the nature of
any other activities in which they may also be engaged. (PMC § 9.48.010 A)
2.2 CITY means the City of Poway, California.
2.3 CITY COUNCIL is the City Council of the City of Poway, California.
2.4 CITY MANAGER is the City Manager or designee of the City of Poway, California.
2.5 COMMUNITY SERVICES FACILITY/FACILITIES, hereinafter referred to as
"facility/facilities" includes parks, recreation facilities, cultural facilities, public trails,
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and for the purposes of this policy, City Hall Council Chambers, patio, courtyard,
and kitchen facilities. ·
2.6 COMMUNITY SERVICES SITE EMPLOYEE means any person employed by
the City whose position· is assigned to the Community Services Department
with duties conducted in or around any indoor or outdoor City park,
recreation facility, or cultural facility or area. (PMC § 9.48.010 G)
,<
2.7 CULTURAL FACILITY shall include City buildings and outdoor areas that are
primarily used for the purpose of arts, education and natur,e exploration,
including all land, water, road improvements, parking, and facilities therein.
(PMC § 9.48.010 E)
,.
2.8 DIRECTOR means the Director of Community Services or a .designated
representative. (PMC § 9.48.010 F).
2.9 PARKS are designated as City parks, recreation are~s, and reserves by the
City Council including all land, water, road improvements, parking, and
facilities therein. (PMC § 9.48.010 C)
2.10 PROGRAMS are programs, camps, classes, and events organized, sponsored
and/or conducted by the Community Services Department.
2.11 PUBLIC AGENCIES are government agencies such as school districts, State of
California, San Diego County, etc.
2.12 PUBLIC TRAIL means all City trails designated by the City Council includi_ng
all land, water, road improvements, parking, and facilities therein. (PMC §
8.04.020)
2.13 RECREATION FACILITY or FACILITY is any building that is primarily used for
the purpose of recreation and leisure activities including all land, water, road
improvements, parking, and facilities therein. (PMC § 9.48.010 0)
2.14 RULES AND REGULATIONS a·re duly adopted by the City Council.
2.15
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SMOKE or SMOKING "Smoke" or "smoking" means (1) the carrying or
holding of a lighted pipe, cigar, cigarette or other lighted smoking product or
equipment used to burn any tobacco products, weed, plant, 'or any other
combustible substance; or (2) the-carrying, holding or use of a·n electronic
cigarette as defined in California Health & Safety Code Section 119405 ("e-
cigarette") or a similar device intended to emulate smoking, which permits a
person to inhale vapors or mists that may or may not include nicotine.
"Smoking" also includes emitting or exhaling the fumes or vapor of any
pipe, cigar, cigarette, or any other lighted smoking equipment u~ed for
burning any tobacco product, weed, plant or any other combustible
substance, or any e-cigarette, hookah, or other similar device.
(PMC § 8.04.020)
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2.16 SPECIAL EVENT means any event that seeks the temporary use of all or part of,
and affects general public access to, parks, public trails, streets, recreation
facilities, or any other property managed by the City of Poway; and/or requires
additional City resources above and beyond those provided for standard facility
operations.
2.17 USERS are those persons utilizing facilities either on a· first-come, first-served
basis, or with a permit. Those persons utilizing facilities with a permit are also
referred to as "permittees" or "rental clients."
SECTION 3 AUTHORITY
3.1 AUTHORITY.
The Director shall promulgate rules and regulations for the operation of City
Community Services facilities, and fees and charges for the use of City
Community Services facilities, which shall be effective from the time they are
approved by the City Council. Such rules and regulations, or excerpts
thereof, shall be posted in City Community Services facilities if such posting
is feasible in the opinion of the Director; irrespective of posting, copies of
such rules and regulations shall be available to persons desiring copies
thereof at the office of the Director during business hours. No person shall
violate and no person shall fail to comply with such rules and regulations.
(PMC § 9.48.030)
These rules and regulations are adopted pursuant to state law. The City Council
may, from time to time by resolution, adopt additional rules or fees supplementary
to and consistent with these regulations and when so adopted, they shall have the
same force and effect.
3.2 VIOLATIONS.
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All persons found or observed violating any of these regulations by a Community
Services site employee will be ordered to leave the recreation facility. No one shall
obstruct or interfere in any manner with an employee of the City in the exercise of
his or her duties.
A. Any person who violates the Facility Use Rules and Regulations or any
provision [of Chapter 9.48 of the Poway Municipal Code] which protects
the health or safety of any other person, and, after being directed by
Community Services site personnel to cease and desist from such
conduct, refuses or fails to do so, shall remove himself from the
facility if so directed by a Community Services site employee. No
person who is ordered excluded from a Community Services facility
shall remain upon or return to the Community Services facility
property during the period covered by the order. (PMC § 9.48.310)
B. The directive excluding a person from a Community Services facility
for a period no longer than seventy-two (72) hours may be in verbal
form and reported to the Director. Directives exceeding seventy-two
(72) hours shall be in writing, signed by the Director of Community
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Service~ .or designee, and shall not exceed one hundred eighty (180)
days. Directives may be appealed to the City Manager or designee.
Appeal may only be commenced by a written request for a hearing
filed in the office of the City Manager during the period that the person
is excluded from the Community Services facility. The appeal.shall be
conducted promptly. Formal rules of evidence shall not apply. The
hearing officer shall issue the decision in writing. The decision of the
hearing officer shall be final. (PMC § 9.48.310)
C. Penalties for all other violations are contained in Section 1.08.010 of the
Poway Municipal Code.
3.3 APPLICATION AND OTHER LAWS.
In addition to City regulations, all other applicable Federal, State, or County laws,
ordinances, regulations and rules,. including those relating to public health,
sanitation and safety, are binding upon all persons within the City Community
Services facilities.
3.4 DIRECTOR TO OPERATE FACILITIES.
A. The operation of all City facilities shall be under the control of the
Director subject to the supervision of the City Council.
B. Each Community Services site employee is responsible for enforcing
the provisions of [Chapter 9.48 of the Poway Municipal Code] and these
rules and regulations and shall_ take appropriate action in the case of
any violations thereof.
C. Any peace officer shall have the power to make arrests for violations
of the provisions of [Chapter 9.48 of the Poway Municipal Code] and to
issue citations for such violations as provided in PMC § 1.12. (PMC §
9.48.020)
3.5 LAWFUL DIRECTIVE OF STAFF.
No person shall fail to obey any lawful directive of a Community Services
site employee. (PMC § 9.48.300)
3.6 LIMIT OF CITY LIABILITY.
All persons entering upon, remaining within, or using facilities shall do so entirely
at their own risk. Neither the City, its Council, officers, or employees shall be liable
for any personal injuries or property damages or losses incurred by anyone
entering upon, remaining within, or using the facilities.
3.7 LIMITATIONS ON USE.
The Director shall define the boundaries of rentable building and park spaces that
are subject to rental fees contained in the City's Master Fee Schedule, herein after
referred to as "Fee Schedule". Use must be compatible with the established
purpose of that facility and must be within the allotted permit time. Business or
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commercial activities are not permitted except by special agreement with the
Department. Permit time schedules and charges include all preparation, setup,
and cleanup. The setting up of tables, chairs, etc., and storage of same at the
conclusion of the activity is the responsibility of the permittee. Control of lights,
keys, locks and locking of doors, gates, etc., will be the responsibility of the
Community Services site employee on duty. City employees on duty are
authorized to refuse the use of the facility, or any portion thereof, to any person
whose use, in the sole judgment of the employee, would constitute a hazard to the
health and safety of the person or others.
SECTION 4 HOURS OF OPERATION
4.1 CITY PARKS.
Except as otherwi~.e posted, City parks shall be open to the public between
sunrise and sunset. Except by special permit, no person shall be present in
any City park at any time that the park is not open to the public. ·
(PMC § 9.48.040)
4.2 COMMUNITY SERVICES FACILITIES, EQUIPMENT, AND PROGRAMMING.
The City Manager, or designee, shall establish the hours of operation for
Community Services facilities, outdoor facility lighting, fishing, boating and City
programming. Hours of operation shall be posted at the main entrance of each
facility. Notice of any changes shall be posted in the same area at least one week
in advance, except when weather conditions, user conduct, or unsafe conditions·
warrant immediate change.
4.3 CLOSING HOURS.
No person shall remain upon the grounds of a City facility or occupy the
grounds of such facilities, or any part thereof, or use any of the facilities or
equipment therein, or permit any vehicle to remain therein after closing time,
as posted, unless authorized by the Director. The Director may designate
and enforce an earlier closing time, which shall be posted, for such grounds
or facilities and for the use of such equipment. (PMC § 9.48.190)
4.4 CLOSED AREAS.
No one shall enter any posted, restricted, or closed area.
4.5 CLOSURE.
The City' Council, City Manager, Director or any employee of the City designated
by them is hereby authorized to close a facility for and during such times as are_
necess~ry for its management, maintenance, repair, protection or· conservation,
and for the safety of the public.
SECTION 5 REGULATIONS-FACILITIES
5.1 CHILDREN.
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No person shall permit any child under the age of seven years to play in any
playground area, or fish, swim, or play in or near any lake or pool unless
such child is attended by an adult. (PMC § 9.48.230)
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5.2 DRUGS, INTOXICANTS, AND ALCOHOLIC BEVERAGES.
A. Being under the influence of any intoxicating beverages, drugs, or
other substances prohibited by the California Health and Safety Code
is prohibited.
B. No person shall transport into a City Community Services facility, or
consume upon the premises of a City Community Services facility, any
intoxicating liquors having an alcoholic content in excess of twenty
percent by volume.
C. No person shall consume any alcoholic beverage at any time at the
Archery Range, in facility parking lots,. or a playground area of a City
park.
D. Except as expressly provided below, no person shall consume any
alcoholic beverage in any other indoor or outdoor area of a City
Community Services facility between 9:00p.m. and 10:00 a.m.:
1. On Lake Poway or within the high water line or concession balcony
of Lake Poway during the established operating hours; or
2. At the Poway Center for the Performing Arts; or
3. Pursuant to permit issued by the City for a special public event.
E. No person shall consume any alcoholic beverage at any City
Community Services facility during times that it has been rented, with
or without remuneration to the City, to house a youth event. Youth
events include rite of passage celebrations such as bar mitzvahs, bat
mitzvahs, quinceaneras, "sweet 16" parties, and 18th birthday parties,
in. addition to youth sports team games and parties, and all events
involving social groups whose participants and/or members are
primarily under the age of twenty-one (21) years. (PMC § 9.48.270)
5.3 WEAPONS AND FIREARMS.
No person shall use, transport, carry, fire, or discharge any firearms, air·gun,
archery device, ~lin.gshot, or explosive of any kind across, in or into a City
C9mmunity Services facility; provided, however, this prohibition shall not
apply to activities permitted by the Director of Community Services nor the
possession or use of any archery device in or upon a City archery range.
(PMC § 9.48.120)
5.4 BARBECUES AND COOKING FOOD.
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No .person using a barbecue shall permit such barbecue to remain in an
untidy or unsar:'itary condition, nor shall any such person fail to clear away
therefrom all cooking and eating utensils and waste matter after use thereof.
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Any person who uses a barbecue shall, when such use is completed, deposit
the coals in the hot ash coal container. (PMC § 9.48. 140)
5.5 CAMPING.
No person shall camp, lodge or sleep overnight, or between sunset and
sunrise, except in areas specifically designated for such purpose and as .
may be permitted by the Director. (PMC §9.48.050)
5.6 FIRE HAZARD.
No person shall ignite or permit to be ignited, a fire in any location in a City
Community Services facility except in a campfire or cooking area provided
by the City. No person shall throw away any lighted tobacco product, or any
burning or combustible material or other matter that could s~t fire to grass,.
shrubs, buildings, or any other cor.nbustible substance. Burning tobacco
materials may only be disposed of"in proper ashtray or receptacle provided
for such purpose.
An exception may be approved by the Director for standard cake candles
less than four inches that are intended to be easily blown out, and standard
"sterno" cans only for the purpose of heating chafing dishes to serve food.
(PMC § 9.48.130)
5.7 VEHICLE USE AND PARKING.
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A. No person shall drive a vehicle within a City Community Services
facility other than in a reasonable and prudent mann.er and with due
regard for traffic and road conditions. In no event shall a vehicle be
driven at a speed which endangers the safety of persons, property, or
wildlife. No vehicle shall be driven at a speed greater than ten miles
per hour in camp, parking lots, picnic, utility, or headquarters area and
areas of general public assemblage, and no vehicle shall be driven at a
speed greater th~m twenty miles per hour in other areas.
(PMC § 9.48.210)
B. No person shall park any vehicle at any City Community Services
Facility except for the duration of the visit to such facility or pursuant
to special permit issued by the Director of Community Services. No
person shall leave or park any motor vehicle on any driveway or at any
other place except at such place or places as are designated as places
for vehicle parking. (PMC § 9.48.220)
C. No person shall engage in the washing, cleaning, polishing, repairing,
renovating or painting of any vehicle within a City Community
Services facility, except that emergency repairs immediately
necessary to render such vehicle safe may be made. (PMC § 9.48.200)
D. Operation of an. unauthorized automobile, truck, trailer, or vehicle of
any description other than upon designated open and paved roads or
in other than designated parking areas is prohibited. (PMC § 9.48.330)
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E. A Community Services site employee shall designate where specialized
vehicles may park for a permitted event.
5.8 REMOVAL/DEFACEMENT OF PROPERTY.
No person shall in any way deface, mutilate, or remove any sign, tree, fence,
wall, building, railing, playground equipment, camp or picnic structure,
monument, or any other object or structure within a City Community
Services facility. Removing a "reserved" sign or willfully occupying and
holding a camp site, area, building or facility, which has been reserved·and
for .which a valid permit has been issued, is prohibited. Users .or permittees
will be personally responsible for any damage to a building or facility and
shall be responsible for reimbursing the City for any loss or damage to City
property caused by such use. (PMC § 9.48. 1 00)
5.9 ANIMALS-TREATMENT.
A. No person shall trap, kill, wound, or maltreat any wild or domesticated·
bird or animal, and no person shall permit any pet to pursue, trap, kill,
or wound any wild or domesticated bird or animal. (PMC § 9.48.070)
5.10 ANIMALS-PRESENCE.
A.
B.
C.
D.
E.
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Subject to the conditions set out in this section, animals are permitted
in City parks and outdoor areas' during the hours that such areas are
open to the public.
Notwithstanding the provisions of subsection (A) of this section, no
person shall bring a dog into, permit a dog to enter into or remain in,
or possess a dog in any City Community Services facility without first
having obtained a valid license for such dog. Evidence of such valid
license shall be presented by the person responsible for such dog
when required by a Community Services site staff employee.
Except in an area specifically set .aside and designated by the Director
of Community Services as a "dog park," all animals in City Community
Services facilities shall be physically restrained at all times, either by
being attached to a substantial leash no more than six feet in length,
or by being confined in a tent, trailer, or other appropriate structure.
No dogs, horses, or other animals are allowed within one hundred feet
of Lake Poway.
Controlled and supervised animal shows may be allowed with prior
written approval of the Director of Community Services and are
subject to all conditions and fees stated in this policy. Every person
displaying animals, or providing animal rides on City property, shall sign a
copy of the City's Animal Care Guidelines and adhere to terms stated in
said guidelines. ·
April15, 2014 Item# 3.3
Facility Use Rules and Regulations
Page 10 of 37 ·
F. 1. Except as provided in subsections (C) and (E) of this section, no
~ person shall bring an animal into or permit an animal to enter
and/or remain within, or possess an animal within any structure in
a City Community Services facility other than the Lake Poway
Animal Facility.
2. This subsection shall not apply to an assistan~e dog
accompanying or assisting an unsighted or disabled person, or
therapy pets when present in a facility inhabited by the Poway
Senior Center during such times permitted by an existing
Facilities Use Agreement. For purposes of this section
"assistance dog" is one that has been specially trained as a guide
dog, signal dog or service dog, and "therapy pet" is one that is
trained along wi.th its handl~r(s) to achieve specific physical,
social, cognitive, and emotional goals with patients.
G. No person shall keep or permit within a City Community Services
facility, a noisy; vicious or daogerous animal, or an animal which
disturbs other persons within the boundaries of a City Community
Services facility after ha,ving been directed by a Community Services
site employee to remove such animal.
H. Any person bringing an animal into a City Community Services facility
is solely responsible for the actions of such animal. Any injury
inflicted by such animal upon any person or any damage caused by
such animal to any real or personal property shall be reported to a
.Community Services site employee.
I. The Director may further regulate animals in, or may exclude animals
from, any City Community Services facility or section of a City
Community Services facility where the Director finds that the presence
of animal.s substantially conflicts with the general use and enjoyment
of such Community Services facilities. (PMC § 9.48. 180)
J. Individuals responsible for animals must cleanup and properly dispose of
animal waste.
K. Domesticated animals are not permitted within the confines of the
Kumeyaay-lpai Interpretive Center.
L. Animals shall not be left unattended in vehicles or trailers.
5.11 ANIMALS-HORSES.
A.
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No horse or other animal shall be hitc;hed to any tree or shrub or
structure in a manner that may cause damage to Community Services
facility property. No person shall ride, drive, lead or keep a saddled
horse or other animal in any City Community Services facility, except
April15, 2014 Item# 3.3
··Facility Use Rules and Regulations
Page 11 of 37
on such roads, trails or other areas as the Director may designate and
subject to such regulations as the Director may promulgate.
B. No person shall hitch any horse within a Community SerVices facility
except for the duration of the visit to such Community Services facility
or pursuant to special permit issued by the Director of Community
Services. No person shall leave or hitch any horse on any driveway or
at any other place except at such place or places as are designated as
places for hitching horses. (PMC 9.48. 170)
5.12 PLANTS AND GEOLOGICAL FEATURES.
A. No person shall pick, dig up, mutilate, destroy, injure, disturb, move,
molest, burn or carry away any plant or vegetation, or portion thereof,
including aquaticplants. (PMC § 9.48.060)
B. No person shall destroy, disturb, deface or remove earth, sand, gravel,
oil, minerals, rocks or fossils, features of caves, or any parts thereof.
(PMC § 9.48. 080)
C. The Director may grant a permit to remove, destroy, or otherwise
disturb plants or animals or geological, historical or arch~eological
materials upon finding that such will be in the best interests of the
City. (PMC § 9.48.090)
5.13 PEACE AND QUIET/NOISE.
A. No person shall disturb the peace and quiet of a City Community
Services facility by any loud or unusual noise, or by the sounding of
automobile horns or noise-making devices, or by the use of profane~
obscene or abusive language or gesture. (PMC § 9.48.260)
B. 1. Operation of musical equipment or instruments and/or electronic sound
reproduction equipment including television, radio, and digital players
in excess of the noise standards established in PMC § 8.08.140 is not
permitted.
2. Amplified music and live entertainment are subject to approval of the
Director.
3. Outdoor and indoor facility users are responsible for controlling noise
that could be disturbing to other activities or the surrounding
neighborhood. Should site staff determine that a facility user's noise
has become a disturbance the facility user will be asked to reduce the
noise level. Failure to do so is a violation of PMC § 9.48.300 and user
will be asked to leave the facility.
4. Operation of generators shall be permissible by permit only.
19 of 70. April15, 2014 Item# 3.3
Facility Use Rules and Regulations
Page 12 of 37
5.14 ENTERTAINMENT.
No person shall setup or maintain any exhibition, entertain~ent device,
animal ride, show, performance, lecture, oration or concert without written
permission to do so from the Director. (PMC § 9.48.250)
5.15 SOLICITING, SELLING, AND ADVERTISEMENT.
A. No person shall sell or offer for sale any goods, wares, articles, or
merchandise; or practice, carry on, conduct or solicit for any trade,
occupation, business or profession within a City Community Services
facility without the authorization of the Dir~Ctor. Nothing in this
provision shall prohibit sales of articles or solicitations by nonprofit
organizations that are otherwise allowed by law.
B. No person shall distribute, circulate, give away, throw, or deposit any
commercial handbill, circular, pamphlet, tract or advertisement in any
Community Services facility within the City. It is not unlawful for any
person .to hand out or distribute, without charge to the receiver
thereof, any noncommercial handbill to any person willing to accept it.
No person shall post or affix to any pole, tree, car, fence or structure
situated therein any kind of handbill, circular, ·pamphlet, tract or
advertisement. Nothing herein shall prohibit the posting of an
advertisement on any community bulletin board maintained by the
City for that purpose. Nothing herein shall prohibit the placement and
maintenance of signs and/or banners by the City in connection ·with
community activities or by facility use permittees in connection with
permitted activities. (PMC § 9.48.240).
5.16. CAMPAIGNS AND POLITICAL ACTIVITY.
Political activity is permitted within the exterior spaces of City of Poway
parks; however, intervention may occur should participants become loud,
unruly, or disturb the peace of others utilizing adjoining spaces.
Participants must adhere to Chapter 9.48 of the Poway Municipal Code, as
well as Code that is not specific to parks such as hand-held signage (PMC §
9.40.010) and the placement of political signs (PMC §17.40.090D.4); and non-
participation/assistance by Community Services Staff (State of California
Government Code Sections 3201-3209).
5.17 SPECIAL EVENTS.
A.
B.
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A Special Event requesting the use of City facilities requires a Public Facility
Use Application and payment of applicable permits, insurance, and rental
and staffing fees as contained-in the Master Fee Schedule.
A Special Event requesting or requiring the use of streets, sidewalks, or any
other public rights-of-way (including, but not limited to: parades, races,
street fairs, or activities impacting traffic circulation) requires a Temporary
Use Permit (TUP).
April15, 2014 Item# 3.3
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C. The planned size and proposed location of a Special .Event shall be
reviewed to determine whether it has the potential to impact the natural
habitat, water quality, or wildlife along public trails, or cause damage to
trails, lead to erosion, or disrupt ·the gene·ral public's ability to enjoy the
trails. Permission to hold the event may be withheld or withdrawn if the City
determines that it will have an adverse impact on the trail environment.
D. A Special Event that significantly impacts or substantially restricts the
public's normal, typical or customary use, level of use, or ability to use a
facility is subject to additional requirements including, but not limited to: a
parking and shuttle plan for all attendees.
E. Any preparation for the use of facilities for a Special Event is the
responsibility of the applicant and is solely at the applicant's risk. It is the
applicant's responsibility to obtain any permits required by the City and
other public agencies.
5.18 WASTE WATER.
No one shall dump any waste-water, including dishwater, any place other than into
toilets at designated restroom facilities or as directed by the employee on duty.
5.19 WATER POLLUTION.
No person shall place any garbage or other waste, or any soiled eating or
cooking utensils or anything similar, in any stream, lake, pond, pool or at
any hydrant for the purpose of cleaning the same, nor shall any person use
any stream, lake, pond, pool or hydrant for washing or bathing, or for
disposal of refuse, or for any activity which . would tend to cause the
pollution thereof. (PMC § 9.48. 160)
5.20 HUMAN WASTE -TOILETS.
No person shall deposit or cause to be deposited human waste within a
Community Services facility, other than in designated sanitary facilities.
5.21 RUBBISH.
No person shall leave, dispose of or throw away any garbage, refuse, cans,
trash, ashes, bottles, broken glass, or like substances, or any animal
carcass, in any place except containers provided for that purpose; nor shall
any person bring any such substance, except litter accumulated in the
course of automobile travel, into a City Community Services facility for the
purpose of disposal thereof in City Community Services facilities. (PMC §
9.48.110)
5.22 TOILET FACILITIES.
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No male person shall resort to nor loiter abo!,.lt any toilet facilities set apart
for women and no female person shall resort to nor loiter about any toilet
facilities set apart for men; provided, this shall not . apply to children
accompanied by their father, mother or guardian. (PMC § 9.48. 150)
April15, 2014 Item# 3.3
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Page 14 of 37
5.23 PEDESTRIAN WALKWAYS.
No person shall ride, operate or use any vehicle, skateboard, bicycle,
scooter, roller skates, or-roller blades in any area of a City facility designated
and posted as a pedestrian walkway. This prohibition shall not apply to
Community Services site employees or City authorized personnel in the
course of their duties. (PMC § 9.48.280)
. 5.24 GLASS PROHIBITED.
No person shall possess any glass container in any indoor or outdoor area
of a City Community Services facility except pursuant to a permit issued by
the City. (PMC § 9.48.290)
5.25 SMOKING PROHIBITED.
A. No person shall smoke in a public building, on public grounds, in a
public park, or on a public trail, except in areas designated by the
Director of Community Services as smoking areas. (PMC § 8.04.030)
B. The provisions of this chapter do not apply in any circumstance where
federal or state law regulates smoking if the federal or s~ate law
preempts focal regulation, or if the federal or state . law is more
restrictive. (PMC § 8.04.030)
-C. Permanent signs shall be installed at all City parks and City trails
indicating "This Park/Trail Is a Smoke Free Zone." Smoking areas, as
designated by the Director of Community Services, shall be posted
using clear and prominent signs. (PMC § 8.04.040)
D. No person shall smoke within 25 feet of any playground or tot lot sandbox
area unless utilizing a public sidewalk. No person shall dispose of a
cigarette, cigar, or other tobacco-related product, or e-cigarettes, cartridges
for e-cigarettes, or other components of e-cigarettes, within 25 feet of any
playground or tot lot sandbox area. No person shall smoke a cigarette,
cigar, or other tobacco-related product inside a public building or within 20
feet of a main exit, entrance or operable window of a City facility.
5.26 SHADE DEVICES.
Shade devices greater than one hundred (1 00) square feet in area may be erected
by permit only. Staking shade devices into the ground is not permitted.
5.27 INi=LATABLES AND PLAY EQUIPMENT.
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A. Inflatable air jumps and play equipment are only allowed with an approved
Air Bounce Permit, proper insurance, and payment of applicable permit fees
as contained in the Fee Schedule.
B. Air Bounces and other inflatable play equipment are· limited to areas
authorized by the Director.
C. Requests to utilize inflatables and equipment with hard surfaces,
mechanical parts, or water features require review from risk management.
April15, 2014 Item# 3.3
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Page 15· of 37
D. Staking of air bounces and play equipment is not allowed.
5.28 POWERED MODEL VEHICLES.
The Director shall authorize and designate areas and times for the operation of
powered model vehicles to ensure compliance with PMC Section 8.08.060 and to
minimize disturbances to other facility users. "Powered model vehicles" means, but
is not limited to: airborne, waterborne, or landborne vehicles such as model
airplanes, model boats, and model vehicles of any type or size, which are not
designed for carrying persons or property and which can be propelled in any form
other than manpower or wind power.
5.29 MOBILE FOOD VENDORS.
Mobile food vendors shall be allowed within a facility in accordance with the
Community Services Department Policy for Mobile Food Vendors, on file with the
City Clerk and at each recreation facility, as adopted by the City Council and
adopted herein by reference.
SECTION 6 CITY FACILITY USE AND RENTALS
6.1 APPLICATION PROCEDURES AND POLICIES.
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A. GENERAL. . Rental fees for reservation of facilities are charged for users
requesting specific dates, times,_ and areas. Liability insurance or security
may be required depending upon (1) nature of use, (2) user hazard
classification, and 2) alcohol use.
B. APPLICATION FORM. A completed Public Facility Use Application form is
required in order to reserve a facility.
C. APPLICATION SUBMISSION.
1. Until such time that reservations can be made via an online
reservation system, or unless otherwise authorized by the Director of
Community Services, an application must be submitted in person
during regular business hours at the following locations:
2.
3.
a. Poway Community Swim Center, 13094 Civic Center Drive,
for use of the Poway Community Swim Center;
b. Poway Center for the Performing Arts, 15498 Espola Road, for
use of the Poway Center for the Performing Arts;
c. Poway City Hall Community Services Department, 13325
Civic Center Drive, for use of all other Community Services
facilities.
VVhen available, online reservations will be accepted 24 hours per
day, barring any planned or unplanned service interruptions.
The rental client named on the application shall assume all liability
and responsibility for payment.
April15, 2014 Item# 3.3
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Page 16of37
24 of 70
4. Applications will be accepted for specific dates and times. Time
requested must include all setup and cleanup time. Cleanup time is a
minimum of 1 hour for indoor facilities and ~ hour for outdoor areas.
5. A Poway busine.ss or a Poway nonprofit organization may not submit
an application for a personal, private function, such as a wedding or
birthday party. The private party must submit the application with
residential address, and fees will be assessed according to the
Facility Use Fee Policy and Master Fee Schedule.
6. Applications will be accepted in advance as follows:
a. Poway Center for the Performing Arts: As provided for in the
Poway Center for the Performing Arts Use Policy.
b. For all other facilities, applications must be submitted at least
fourteen (14) days in advance of the date requested. Advance
applications are subject to the following limitations:
1. Within Poway City Limits: Businesses, organizations,
groups, and private parties located within the City limits
of the City of Poway may reserve a City facility up to
one year in advance.
ii. Within Poway City Limits-exception for non-profit
organization meetings: Poway-based, non-profit
organizations may schedule no more than one meeting
per week or four meetings per month. Applications will
be accepted in December fo'r January-March, in March
for April-June, in June for July-September, and in
September for October-D~cember.
iii. Outside of Poway City Limits: Businesses,
organizations, groups, and private parties located
outside of the Poway City Limits may reserve a
Community Service facility no sooner than six-months
in advance, except for weddings, which may be
reserved one year in advance.
D. RECURRING RESERVATIONS.
E.
Outside of pre-approved, City-sponsored or co-sponsored events, .. and
exceptions stated herein for Poway-based nonprofit organizations, Facility
Use applications will not be accepted for any group or individual for multiple
uses on a continuing basis. A reserved event must be completed before an
application for a subsequent reservation will be approved.
APPLICATION REVIEW/APPROVAL
1 . Applications will be reviewed and use will be prioritized by the
Director according to the Facility Use Fee Policy adopted by the City
Council.
April15, 2014 Item·# 3.3 ·
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Page 17 of 37
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2. Applications are approved for specific rooms, park areas,· p1cmc
. areas, and athletic fields, depending on group size, type of activity,
and availability. No activity shall be scheduled for more than room
capacity.
3. Fees for approved applications will be assessed according to the
Facility Use Fee Policy and Master Fee Schedule adopted by the
City Council. .
4. Approval for use will not be granted to a person· under twenty-one
(21) years of age.
F. SPECIAL ACCOMMODATIONS.
The Director may make special accommodations for approval, including but
not limited to: the accommodation of a facility use application submitted
less than fourteen (14) business days in advance, subject to availability.
G. SUPPLEMENTAL REQUIREMENTS.
The Director may impose supplemental requirements as a condition· of
approval including, but not limited to:
1. Requirement of additional security, City staff, or insurance.
2. Requirement of a contractual agreement outlining additional
requirements, fees, and limitations.
The applicant shall bear all costs incurred for any supplemental
requirements.
;,.
H. CONFIRMATION.
An approved copy.of the facility use application and a facility use permit with
permit number are confirmation of the requested date and times.
I. DENIAL/CANCELLATION.
The Director may deny a use application, or cancel an approved use
application. A written notification of denial or cancellation with an
appropriate explanation will be given by the Director. Reasons for
denial/cancellation include, but are not limited to:
1. Unsatisfactory prior use by applicant.
2. Existing hazardous condition(s).
3. The application is submitted less than the required minimum number
of days in advance.
4. Nonpayment of fees and/or failure to submit required insurance, or
meet supplemental requirements by the required due date.
5. A higher priority activity takes precedence.
6. The request would prevent adequate public access or exceed
staffing capacities.
April15, 2014 Item# 3.3
---------------------------------
Facility Use Rules and Regulations
Page 18 of 37
J. INELIGIBLE USERS/USES.
1. The use of any facility will hot be granted or permitted to any
individual, society group, or organization which has as its objectives
to overthrow or advancing of the overthrow of the present form of
government of the United States or the State of California by force,
violence, or other means.
2. Except as otherwise provided in these Rules and Regulations, use of
any facility as a regular and primary church, synagogue, temple,·
assembly hall, or other place of worship on the part of a religious
organization is prohibited.
3. Any use that may cause damage to the condition of a facility or
grounds will not be approved.
6.2 GENERAL RULES GOVERNING FACILITY USE
26 of 70
A. REQUIREMENTS.
An approved facility' use permit, insurance, and appropriate fees must be
paid according to the terms of the approved facility use agreement or lease.
The responsible party must be present with the Facility Use Permit in order
for Community Services onsite staff to open and close the facility. The
Comm·unity Services site employee cannot open the facility prior to the time
stated on the Facility Use Permit, and cannot leave until the rental client has
left the premises.
B. CONDITION OF FACILITY ..
On the day of the rental, ttie permitee must initially inspect the premises
with site staff and complete a preliminary Condition of Facility Report before
the permittee can begin setup. A Condition of Facility Report must be
.completed and signed before the permitee can begin setup for an event.
C. TIME EXTENSION.
A Community Services site employee cannot extend a rental at the time of
the event. Changes to reservation times. must be done at least 14 days prior
to the rental date through City Hall during regular business hours. Facility
use and staff time beyond that which was approved and allowed in the
permit will be deducted from the deposit or billed to the user.
D. LEADERSHIP.
All groups must be under the direction of their own leadership. There must
be at least one adult, at least 21 years of age, present and responsible for
every twenty (20) minors:
E. DEPARTMENT EQUIPMENT.
Except as noted under use limitations, equipment is available for use in
facility buildings. With approval, chairs and tables may be used in an
exterior rental space when rented in ·conjunction with an it:1terior space.
April15, 2014 Item# 3.3
Facility Use Rules and Regulations
Page 19 of 37
27 of 70
F. LIABILITY INSURANCE.
Insurance is required of a permittee using a facility with a group of 50 or
more, or with a group of any size when alcohol is served. Event insurance
may be purchased through the City of Poway, or may be provided by the
rental client's own service provider. At a minimum, the City of Poway
requires:
1. Commercial General Liability Insurance coverage, mm1mum of
$1,000,000 each occurrence, and $2,000,000 general aggregate;
AND
2. An Additional Insured Endorsement naming the City of Poway and its
elected and appointed boards, officers, and employees as additional
insured with respect to operations on City of Poway property.
G. BUSINESS CERTIFICATE.
Businesses hired by a rental client, including, but not limited to: catering,
security, and air bounce companies, are required to have a City of Poway
Business Certificate.
H. RIGHT TO ACCESS.
The Department reserves the right to full access for all activities in order to
ensure. that all rules and regulations are being observed, and may terminate
the activity for the safety and welfare of the citizens or City property.
I. ABIDING THE LAW.
No activity will be permitted that is a violation of local, state, or federal
ordinances, statutes, or regulations. Applicants must adhere to all City
policies and fire codes during their use of the facility.
J. SECURITY.
K.
In an effort to maintain order and safety, the director shall establish, and
update as needed, written facility security staff requirements, to be on file
with the City Clerk and at each recreation facility, and which shall be
deemed to be incorporated herein by reference on the date approved by the
director. Permittees shall, at their own expense, provide uniformed security
at such times and in such manner as contained in the requirements. Failure
to do so will result in immediate termination of the rental and evacuation of
the facility. A copy of the signed agreement with the security company, and
a signed acknowledgement of the security staff requirements are due to City
Hall at least 14 days prior to the rental date, except for rental packages,
which are due at least 30 days prior to the rental date.
DECORATIONS. ..
Rental client may decorate the interior of the facility using only non-
damaging materials, such as painter's tape. Nails, tacks, staples, glue,· and
duct tape are not allowed. Permitees are responsible for providing their
own equipment,. including extension cords and ladders. Decorations used
on facilities must be removed at the conclusion of the event. Users must
comply with the health and safety code pertaining to the flame proofing of all
April15, 2014 Item# 3.3
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Page 20 of 37
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decorations. Permittees will be personally responsible for all damages to
the building or appurtenances thereof and shall be responsible for
reimbursing the City for any loss or damage to City property by such use
described herein.
L. USE OF RICE, BIRDSEED, CONFETTI, GLITTER, OR DYES. are not
permitted inside or outside any facility.
M. FOOD SALES/CATERING.
All rentals selling food products, or that are catered, must be licensed by
and adhere to · the rules of the San Diego County Department of
Environmental Health. The caterer must post a current health certificate at
the door. Failure to do so will result in termination of the event.
N. RENTAL EQUIPMENT.
Rental equipment must be dropped off and picked up during the hours listed
on the Facility Use Permit.
0. LOSS OR THEFT.
The City of Poway is not responsible for any loss or theft of property. This
includes items left by or waiting for pick-up from caterers or rental
companies.
P. OCCUPANCY.
Occupancy by a permittee of interior and exterior spaces may not exceed
that which has been established by the City. Occupancy limits shall be
posted in each facility.
Q. CLEANUP AND REFUNDS.
1.
2.
3.
4.
At the end of the event, rental client is responsit;>le for cleaning all
eqljipment, counters and tabletops used, soiled, or dampened;
sweeping floors and carpets; and when used, cleaning the kitchen
and all amenities used i.e., refrigerator, stove, oven, and sinks.
Additionally, the rental client is responsible for disposing of all trash
in proper receptacles and removing all personal items, decorations
and/or displays.
Rental client is responsible for taking down and putting away all
tables and chairs.
At the end of the cleanup and rental period, the rental client will
inspect the premises with site staff and finalize the Condition of
Facility Report.
Failure to satisfy cleanup requirements will result in a loss of deposit
equal to cleaning and damage repair costs incurred by the City. If
April15, 2014 Item# 3.3
Facility Use Rules and Regulations
Page 21 of 37
the facility is left in a satisfactory condition, a refund will be issued
within 21 days after the rental date.
5. Rental clients of res~rved park areas and picnic areas that are not
subject to the requirement of completing a Condition of Facility
report, are responsible ·for adhering to all other requirements under
this Section 6.2, and may be invoiced by the City if deemed
responsible for cleaning and damage repair costs incurred by the
City.
6.3 ALCOHOL BEVERAGE USE-COMMUNITY SERVICES FACILITY RENTAL
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A. ADHERENCE TO LAW/RULES.
All groups dispensing alcoholic beverages shall abide by regulations
promulgated by the State of California Department of Alcoholic Beverage
Control, the City of Poway Municipal Code, and rules and regulations
contained herein.
B. ALCOHOL BEVERAGE CONTROL LICENSE.
The proper license must be obtained if alcohol is to be sold, a donation is
requested, or admission is charged when alcohol is present. Said license
shall be displayed in a visible location.
C. MINORS.
No alcoholic beverage shall be served to any person under twenty-one
years of age. Minors must be accompanied by an adult over the age of
twenty-one (2 t) when alcohol is present. Alcohol is not permitted at rentals
intended for a youth-oriented activity.
D. LIMITS TO USE:
When alcohol is served:
1.
2.
3.
4.
5.
Insurance is required and must be approved or purchased through
City Hall.
Alcoholic beverages having alcohol content in excess of 20% by
volume are not allowed in City facilities.
Security must arrive 30 minutes before alcohol is served. Alcohol
cannot be opened until security has checked-in with Community
Services staff.
Consumption of alcohol must end one hour prior to the end of the
rental, not inclusive of cleanup time, or by 9:00 p.m., whichever
occurs first.
Security cannot leave early and must stay until the rental has been
cleaned-up and officially signed out by Community Services staff,
irrespective of the number of hours the event host has contracted for
service.
April15, 2014 Item# 3.3
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Page 22 of 37
6.4 MOTION AND STILL PHOTOGRAPHY
A. PROFESSIONAL/PORTRAIT PHOTOGRAPHYNIDEO.
1. Portrait photography/video (farnily/engagemenUwedding portraits) or
other posed portraiture by professional photographers/videographers
or amateurs acting in the role of a professional, is allowed only when
the products are for personal, private use, and the products are not
resold for commercial purposes.
2. Professional photographers/videographers are required to have a
City of Poway Business Certificate.
3. Outdoor areas that are not reserved may be used on a first-come,
first-served basis for the purpose of portrait photography/video
defined above; however, the activities may not infringe upon those
who are in possession of a valid Facilities Use Permit. Users shall
first check-in with the Community Services site employee to provide
contact information. The Community Services site employee may
determine the appropriate area for staging a shoot.
4. The exclusive use of a facility or a defined space for
professional/portrait photography for personal, private use requires
approval of a Facility Use Application, and payment of applicable
hourly rental rates and staffing fees.
B. COMMERCIAL FILM AND PRINT.
1. The exclusive use of a facility er a defined space for the purpose of
staging and/or obtaining still or motion images for commercial
purposes requires the approval of a Commercial Film and Print
Application, payment of applicable fees as contained in the Fee
Schedule, and insurance at such level commensurate with the risk.
2. It is the responsibility of the business to obtain a City of Poway
Business Certificate, and any permits required by the Development
Services and/or Safety Services departments. A Right-of-Way permit
and associated fees are required if the activity involves a' street
closure and/or requires traffic control.
C. STUDENT FILM AND PRINT.
1. The use of a fa'cility or a defined space for the purpose of staging
and/or obtaining still or motion images for a student project requires
the approval of a (no fee) Commercial Film and Print Application, and
signature of a Waiver/Release of Liability.
2. Outdoor areas that are not reserved may be used on a first-come,
first-served basis; however, the activities may not infringe upon those
who are in possession of a valid Facilities Use Permit. Users shall
first check-in with the Community Services site employee to provide
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contact information. The Community Services site· employee may
determine the appropriate area for staging a shoot.
3. The exclusive use of a facility or a defined space requires payment of
applicable hourly rental rates and staffing fees.
SECTION 7 FISHING AND BOATING REGULATIONS
7.1 LAKE USE PERMITS REQUIRED. Every person eight (8) years and older using
Lake Poway who possesses any fishing gear or occupies a boat containing any
fishing gear must possess a valid lake use permit. Persons. aged seven (7) years
or younger who possess any fishing gear or occupy a boat containing any fishing
gear require a permit, but do not have to pay the fee. They must be accompanied
by a person aged sixteen (16) or older who is in possession of a valid fishing
permit. A permit is required each day, and is not transferrable.
7.2 NIGHT FISHING.
All persons night fishing must be aged sixteen (16) years or older, or be
accompanied by an individual aged sixteen (16) years or older who is in
possession of a valid fishing permit. All persons under the age of 18 must be out
of the park by 9:45 p.m. or be accompanied by an individual aged eighteen (18)
years or older who is possession of a valid permit.
7.3 CATCHES BY CHILDREN.
The catches of any child age seven (7) years or younger shall apply to the limit of
the accompanying adult.
7.4 NO FISHING AREAS.
No person shall fish from or within 100 feet of any boat ramp, boat float, buoy, or
other floating structure other than a designated fishing float or from or within any
other posted area. Fishing in restricted areas is prohibited.
7.5 CATCH LIMITS AND FISH REGULATIONS.
No largemouth bass less than 12 inches in total length shall be taken from Lake
Poway. No trout shall be released after being caught. Game fish, including
bluegill and sunfish, shall not be used as bait to catch other fish. Shad from Lake
Poway may only be used as bait if caught by net. Chumming is prohibited.
Snagging and/or netting game fish are prohibited. Kernel corn is prohibited as
bait. Catch limits for Lake Poway shall be established by the Director at such
levels to maximize fishing opportunity while maintaining a sustainable stock. All
state freshwater fishing regulations apply with respect to gear and method of take
with the exception of possession of a California State Fishing License.
7.6 WATER CONTACT.
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Human contact with the water is not permitted. This includes: swimming, wading,
bathing, cleaning fish, skin,· or objects; or engaging in any activity, which may
cause pollution.
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7.7 CLEANING.
No person shall deposit or cause to be deposited, food, scraps, fish remains,
paper, bottles, cans, or any other waste material, organic or inorganic, into the
water or along the shoreline of Lake Poway. Cleaning fish is allowed only where
designated.
7.8 BOAT PERMITS.
Possession of a valid boat permit 1s required for each boat on Lake Poway.
Permits are not transferrable.
A. Persons must be twelve (12) years old to rent a pedal boat, and sixteen (16)
years old to rent a rowboat or motorboat. A r~sponsible person over the age
of 16 must accompany children under the age of eight (8).
B. All boats m.ust be returned on time. Late returns are subject to an additional
charge.
7.9 PRIVATE BOATS/GASOLINE MOTORS.
The use of any type of private boat or private gasoline motors on Lake Poway is
prohibited.
7.10 BOAT SAFETY.
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Each user must adhere to all safety rules, posted or otherwise, including, but not
limited to:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Children under the age of twelve (12) must wear a life vest.
Passengers may not be dropped off or picked up at any ·location except the
boat dock.
All boats must keep (1 00) feet from the shoreline, boat dock, any fishing
float, and other bo~ts.
No boat shall be beached on the shoreline except in posted areas for the
use of temporary restroom facilities.
No boat shall be operated on Lake Poway with more passengers than its
assigned capacity.
Passengers must sit only on the seats in the boats. Sitting on the stern,
bow, or rails is prohibited.
Standing on the motors, or steering the motor by· foot is prohibited.
When night fishing, the boat must have a light turned on at sunset which
shall remain on the entire time the boat is on the Lake.
Human waste shall be disposed of only at the public restrooms and no
containers are permitted in the boats.
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J. Smoking is prohibited in the boats.
K. Unsafe boat operation and horseplay are not allowed.
7.11. WATER QUALITY.
In order to preserve water quality and protect the integrity of the Lake Poway water ·
system, Community Services site employee may prohibit the presence of gear or
items determined to be potential contaminants.
SECTION 8 LAKE POWAY RECREATION AREA RULES AND USE LIMITATIONS
8.1 CAMPING-EXCEPTION.
The Director, by special written permit, may allow under exceptional
circumstances, eligible youth groups and the public to camp in designated areas.
8.2 CAMPING-ADULT REQUIRED.
A responsible adult must be present for each program camping registration.
SECTION 9 BLUE SKY ECOLOGICAL RESERVE RULES AND USE LIMITATIONS
9.1 RULES AND REGULATIONS.
Visitors to the reserve must abide by all California State Department of Fish and
Game, County of San Diego, and City of Poway rules and regulations.
9.2 UNAUTHORIZED BICYCLES OR VEHICLES.
Visitors may not ride any bicycle nor drive any unauthorized vehicle beyond the
limits of the parking lot.
SECTION 10 NEIGHBORHOOD PARK RULES AND USE LIMITATIONS
10.1 USE.
Neighborhood parks are for the enjoyment of all Poway residents. In scheduling
the use of neighborhood parks, the objective shall be to balance the use of the
park for the enjoyment of the surrounding neighborhood, and use of the park to
meet the needs of organized sports.
10.2 . PRIVATE USE.
A permit is not required for personal private use. Any use by a group, business, or
organization for an organized event will require a Facility Use Permit and payment
of applicable fees.
10.3 ORGANIZED SPORTS.
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A. Park use scheduling shall be done by the Department in· consultation with
the Poway Sports Association.
B. In scheduling field usage for organized yo~th sports, school fields shall be
considered first, followed by community parks, and finally neighborhood
parks.
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C. Priority shall be given to local neighborhood teams and youth sports shall
receive preference over adult sports in the scheduling of neighborhood
parks. Priority shall also be given to Poway residents over nonresidents.
D. -When a neighborhood park is required for team use, games shall not be
scheduled back-to-back, so as not to negatively impact traffic or parking
within the neighborhood.
E. Scheduled events at the neighborhood park shall be posted at the park by
the Department.
F. Organized sports at neighborhood parks shall not be scheduled on
Sundays.
G. In scheduling neighborhood parks, the objective shall be to administer these
procedures equally for all neighborhood parks.
H. The Department shall monitor the use of the neighborhood parks, and the
Parks and Recreation Advisory Committee shall periodically review the
policy and procedures for needed changes.
I. Organized teams must have an approved Facility Use Permit on file with the
City and meet all requirements of said agreement. Users not holding a valid
permit will be required to vacate the premises.
10.4 AIR BOUNCE.
A. Air bounces are allowed in certain neighborhood parks by permit only and
shall be limited to residents of the City of Poway.
B. One Air Bounce Permit will be issued per neighborhood park, per day.
C. Possession .of an Air Bounce Permit does not grant or guarantee a
designated space.
SECTION 11 SKATE PARK-RULES AND REGULATIONS
The Poway Skate Park is primarily an unsupervised facility with access granted by
per'mission only.
11 .1 REGISTRATION.
Anyone wishing to obtain access and the parent/guardian for those under the age
of eighteen (18) years, must first submit to a thumbprint and photograph taken by
Community Services staff, and complete the Unsupervised Poway Skate Park
Participant Waiver Form. Registration will take place at the Poway Community
Park office .and Swim Center, located at 13094 Civic Center Drive during regular
business hours. ·
11.2 UNAUTHORIZED PRESENCE. ·.
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.,
Anyone with an unauthorized presence will be asked to leave and not return until
they have complied with the-provisions of this section. Failure to leave, or to return
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without authorization, will be considered a violation of PMC .§ 9.48.300 and
punishable as such. Registered users found permitting access to non-registered
users will lose entry into the skate park for up to sixty (60) days.
11.3 ADHERENCE TO POWAY MUNICIPAL CODE.
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It is unlawful and ·punishable as set forth in PMC § 1.08.010 for any person:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
To ride a skateboard, to skate,. or to be within the fenced area
·surrounding the skate facility in a skate park owned or operated by the
City, whether supervised or not, unless that person is wearing a
helmet, elbow pads and knee pads, which are in serviceable condition
and properly fastened in accordance witl1 the manufacturer's
recommendations for such equipment;
To ride, jump, ·carry, possess, or have any scooter or bicycle in a skate
park owned and/or operated by the City; provided, however, that
bicycles and scooters may ·be ridden jumped, possessed or
maintained in a skate park owned and/or operated by the City during
such times, and subject to such limitations, designated by the Director
of Cotnmunity Services and clearly identified in appropriate notices
posted at the skate park;
To operate motorized equipment in the facility;
To perform stunt, trick, or luge maneuvers in or around the skate park,
or in the skate park parking lot;
To consume any· food, beverage, alcoholic beverage, or drugs in or
upon the skate park;
To use tobacco, products within the skate park;
To possess glass within the skate park;
To use the skate park under wet conditions;
To possess or use unauthorized ramps, jumps, or obstacles in the
skate park;
To fail to wear the protective equipment required by this section and
to remain at the skate park after having been directed to leave by any
peace officer for that reason;
To enter or to return to the skate park for the purpose of using the
skate park unless said person is wearing the protective equipment
required by this section;
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L. To use the skate park when under the age of twelve unless
accompanied by a parent or guardian;
M. For a parent, guardian, or other adult person having custody of a
minor under the age of eighteen years to allow such minor to use the
skate park unless said minor is wearing the protective equipment
required by PMC § 9.48.320.
City of Poway staff, Sheriff's Department personnel, and similarly authorized
individuals are exempted from the provisions of this section when their
presence is in conjunction with the performance of their duties.
The City shall erect and maintain regulatory signs at all skate parks owned
and/or operated by the City. Such signs shall give notice that any person
riding a skateboard or skates in the facility must wear a helmet, elbow pads,
and kneepads, and that any person failing to do so will be subject to citation
under Section 9.48.320 of the Poway Municipal Code. Such signs shall also
give notice that any person riding, jumping, carrying, possessing or having a
scooter .. or bicycle in the facility shall be subject to citation under PMC §
9.48.320. In addition, said sign will give notice that a violator's skates,
skateboard, scooter or bicycle may be impounded subject to an impound fee
of twenty-five dollars.
Any peace officer; public safety volunteer, or Park Ranger shall have the
authority to seize and confiscate any property, thing or· device ~hich is
located in the skate park and which is used in violation of this section. The
property may be impounded and seized as evidence of the violation. If
property is impounded, impound fee as set by Resolution from time to time
will be charged._ (PMC § 9.48.320)
SECTION 12 TWIN PEAKS MULTIPURPOSE CENTER & MEADOWBROOK
GYMNASIUM RULES AND USE LIMITATIONS
12.1 JOINT USE FACILITY.
Use of the gymnasiums is _governed by the Joint Use Agreement between the City
of Poway and the Poway Unified School District.
12.2 FACILITY SUITABILITY.
Gymnasium usage will not be granted when other City facilities are deemed more
suitable for requested use.
12.3 ITEMS NOT PERMITTED.
Food, beverages, and hard-or black-soled shoes are not permitted.
12.4 ACTIVITIES NOT PERMITTED.
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Hanging on the rim or net, dunking the ball, or throwing or kicking balls into the
ceiling are not permitted.
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12.5 IMPACTED USE.
When five (5) or more players are waiting; games in progress will be limited to an
eleven (11) point advantage.
12.6 GROUNDS FOR EXPULSION.
Fighting, shoving, and aggressive behavior are grounds for expulsion.
SECTION 13 POWAY CENTER FOR THE PERFORMING ARTS RULES AND USE
LIMITATIONS
13.1 JOINT USE FACILITY.
Use of the Poway Center for the Performing Arts is governed by the Joint Use
Agreement between the City of Poway and the Poway Unified School District.
13.2. PRIORITY USE.
Priority use is determined by the Poway Center for the Performing Arts Use Policy.
Use is permitted by an appr()ved Facility Use Agreement only, with fees charged
according to the Fee Schedule. The terms of said Agreement shall include, but not
be limited to: · ·
A. The specified portions of the facility and its stage equipment on an "as is"
basis.
B. The services of a technical theater coordinator or stage technician who shall
open and close the facility, and coordinate all other technical theatre staff
services to be provided to the. Licensee on a fee for service basis.
C. The supervisor responsible for the Poway Center for the Performing Arts
shall determine, at his/her sole discretion, the number and types of technical
and other personnel that are required to safely and effectively execute
rehearsals and the .performance requirements of the Licensee.
13.3 ALCOHOL.
No alcoholic beverages shall be sold or consumed on the premises on which the
Poway Center for the Performing Arts is situated at any time during which
students are attending .a school sponsored activity at the Center or at any time
during which a performance is being given by groups of persons under the age of
twenty-one (21) years. Alcohol sold or served must conform with the Alcohol
Beverage Control License and regulations in effect at that time.
13.4 PARKING.
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Fo"r weekday, daytime shows there is no parking available on site. Cars that are
illegally parked in the PCPA's parking lot, or adjacent Poway High Sctiool parking
lots will be ticketed and subject to towing. All weekday, day-time performances will
require that patrons park at Lake Poway and shuttle bus service be provided at the
Licensee's expense. Shuttle bus arr~ngements to and from Lake Poway must be
made with the front of house coordinator no less than thirty (30) days in advance of
the rental date.
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SECTION 14 LAKE POWAY ARCHERY RANGE RULES AND USE LIMITATIONS
14.1 RESERVATIONS.
Reservations will be accepted for group use only and will not be granted to a
person under twenty-one (21) years old.
14.2 PARKING.
Parking for the Lake Poway Archery Range will be in marked stalls within the limits .
of Lake Poway Recreation Area.
14.3 ARCHERY RANGE CARD.
A. Cards may be purchased at the Lake Poway Concession Wednesday
through Sunday.
B. Applicants must obtain a Lake Poway Archery Range Card. The fee for
Archery Range Cards is established in the Fee Policy, with the card valid for
one year from date of purchase.
C. A parent or guardian·. must sign a waiver for minors under the age of
eighteen (18).
D. An Archery Range Card is not transferable to any other person.
E. Attendees of a one-time permitted rental are not required to purchase a
Lake Poway Archery· Range Card, but must sign a City of Poway
Waiver/Release of Liability.
14.4 USE.
Use of the archery range may only occur during Lake Poway park hours. All users
must check in with the Community Services site employee prior to use. Shooting
may begin 30 minutes after sunrise and must end 30 minutes before sunset.
14.5 USER ELIGIBILITY.AND RESPONSIBILITY.
A.
B.
C.
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GROUPS -All groups must be under the direction of their own leadership.
There must be at least one adult present and responsible for every ten (10)
minors. An adult must be present at all ,times and in possession of a Lake
Poway Archery Range Card issued by the City of Poway.
INDIVIDUALS -Each user must be in possession of a current Lake Poway
Archery Range card while utilizing the archery range facility and be
prepared to present the card upon staff request.
AGE -Users and spectators under the age of sixteen (16) must be
accompanied by an adult eighteen ( 18) years or older.
April15, 2014 Item# 3.3
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D. TARGETS AND EQUIPMENT -Users must supply and remove their own
targets and equipment.
E. TRASH -Users are responsible for the proper disposal of all trash.
F. PROHIBITED ITEMS -Broad heads, alcoholic beverages, and glass are
prohibited.
G. PROHIBITED ACTIVITIES -Trapping, killing, wounding or maltreating any
wild or domesticated animal is prohibited.
H. OBEY ALL RULES -Failure to obey all rules and regulations posted or
otherwise, may result in revocation of privileges.
1·4.6 CROSSBOWS.
A. . The use of crossbows is not permitted unless it is for the sole purpose of
crossbow siting by those in possession of a valid Disabled Archer Permit.
B. Advance reservations are required, with a two-hour minimum rental period,
and are limited to no more than two times per calendar year, per person,
and are subject to approval by the Lake Poway Recreation Area Supervisor.
C. In order to qualify, the individual must be in possession of a valid State
Department of Fish and Game Disabled Archer Permit and Lake Poway
Recreation Area Archery Range Card. Both, along with a valid government-
issued ID, must be presented to the City at the time of reservation and
during use.
D. Facility use fees contained in the Fee Schedule for crossbow siting will be
waived, however the Archery Range Card fee does apply.
14.7 SAFETY RULES. Each user must adhere to all safety rules including, but not
limited to:
A. All shooters must shoot from the same distance.
B. No one may move forward of the shooting line until all shooting has stopped
and all arrows removed from ·all bows.
C. No drawing of bows with arrows unless at the shooting line.
D. Loudly announce any observed problem or dangerous situation and order
all shooting to be stopped immediately.
E. Shoot only at standard target bales (No hills, etc.).
F. · Shoot no more than six arrows at a time.
G. Be considerate of other archers and keep noise levels down.
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SECTION 15 DOG PARK RULES AND USE LIMITATIONS
15.1 OWNER RESPONSIBILITY.
Owners are to remain in the fenced area with their dogs, ensure that dog licenses
and vaccinations are current, keep their dogs on a leash until they are within the
fenced area, and properly cleanup after their dogs.
15.2 DOG SHOWS AND TRAINING CLASSES:
Dog shows and training classes may be held within the Dog Park by reservation
only.
15.3 ADULT SUPERVISION.
Children under the age of ten (1 0) years must be supervised by an adult at all
times within the boundaries of the Dog Park.
SECTION 16 TENNIS COURTS RULES AND USE LIMITATIONS
16.1 AVAILABILITY AND USE.
Court use shall be based on the honor system: one hour for singles and two hours
for doubles. Users must be aware and respectful of other users and stay within the
time limit.
16.2 PRIORITY USE.
City of Poway classes and tournaments have priority use of courts.
16.3 PRIVATE LESSONS PROHIBITED.
Private lessons are not permitted.
SECTION 17 SPORTS FIELDS AND TEAM USE RULES AND LIMITATIONS
17.1 The Department will establish priority in scheduling fields to meet the greatest
need for recreational youth sports organizations in the City of Poway community.
Priority within each category is given on a longevity basis, with new teams added
to the bottom of the priority list.
A.
B.
C.
D.
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In-season recreational youth sports organizations belonging to the Poway
Sports Association (PSA) with fifty-one percent (51%) or more Poway
residents.
In-season traveling/competitive PSA teams with fifty-one percent (51%) or
more Poway residents.
In-season PSA club teams with fifty-one percent (51%) or more members
Poway residents.
Off-season PSA recreational youth sports organizations with fifty-one
percent (51%) or more Poway residents.
April15, 2014 Item# 3.3
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E. Off-season PSA traveling/competitive teams with fifty-one percent (51%) or
more Poway residents.
F. Off-season PSA club teams with fifty-one percent (51%) or more members
Poway residents.
~
G. Nonresident youth sports organizations.
H. Nonresident club teams.
17.2 As members of the PSA, leagues will notify the Department within twenty-four (24)
hours of all field use cancellations at City facilities. A penalty fee will be assessed
according to the Fee Policy if said notice is not received.
A.
B.
C.
D.
·E.
F.
G.
H.
I.
J.
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The City of Poway does not charge PSA member organizations during a
sport's regular season for outdoor facilities, with the exception of fees for
lights and tournaments, as established in the Fee Policy. Fees will be
charged for field· and light use during the off:season for practices and
games according to the Fee Policy. Regular fees will be in effect for all
coaches for individual use.
In the event the Sheriff's Department is called out for any related
disturbance, the field rental will be terminated immediately.
Groups must have a facility reservation contract approved by Department to
utilize fields.
Reserved field time must be used or released for rescheduling. A fee will
be charged according to the Fee Policy for unused field time.
Passenger vehicles are not allowed on fields or walkways. Any vehicle that
will be used to prepare the fields must be designed to accomplish that
purpose and be approved by the City.
Public address systems or amplification may not be used without prior
written approval by the City.
Fields will be closed during inclement weather.
Alcohol use is not permitted at any PSA activity.
Use of fields, for which the City has a Joint Use Agreement with another
public agency, is subject to the terms of said agreement.
All coac.hes, umpires, participants, and visitors who are not residents of the
City of Poway must pay the nonresident parking fees at Lake Poway as
provided for in the Fee Schedule.
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SECTION 18 POWAY COMMUNITY SWIM CENTER RULES AND USE LIMITATIONS.
18.1 CHILDREN.
A. Children (7) years old and under must be accompanied in the water by a
responsible adult (up to two children per adult). The: adult must pay the
admission fee and wear swim attire.
B. An adult must supervise non-swimming children of any age at" all times (up
to two children per adult).
C. Any child 8 or older may be required to take a swim test to demonstrate
they can swim without being accompanied by an adult. Upon successful
cqmpletion of a swim test, the child will be allowed to swim on that day
without being accompanied by an adult.
18.2 GENERAL RULES.
A. All persons wearing swimming attire must pay to be in the Swim Center.
B. All persons entering the pool must wear proper swim attire.
C. All persons must shower before entering the pool.
D. Pool steps, ladders, and railings are to be used for entering and exiting the
water only.
E. Swimmers moving in the. pool from the deep end to the shallow end, or vice
versa, should be considerate of lap swimmers. Do not pass through their lap
lanes. ·
F. Kickboards are not allowed in the shallow or deep end during recreation
swim times, only in the lap lanes for purposes of swimming ·laps.
G. Use of toys, flotation devices, masks, fins, snorkels, balls, and any other
throwing or diving items must be approved by pool staff before entering the
pool.
H. All food and beverage items must be consumed in the concession area and
picnic areas only. No glass containers are allowed.
I. Food and. beverages are not permitted in locker room areas or in the pool.
J. All persons shall obey the pool staff at all times. Horseplay, roughhousing,
fighting, and abusive language will not be tolerated in the facility.
18.3 . SAFETY RULES. All safety rules posted or otherwise, shall be followed, including
but not limited to:
A. No running; walk slowly.
B. Do not swim with open cuts, sores, or infections of any kind, or if ill.
C. Emergency and evacuation procedures must be observed.
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Page 35 of 37
D. Diving from the side of the pool is permitted only in water posted as deeper
than 6 feet.
E.. No back flips, jumping backward, twisting, or forward flips are allowed off
the side of any areas of the pool.
F. Swimming in the diving board area is prohibited unless the boards have
been closed.
G. Dunking, chicken fights, wrestling, throwing or pushing people in the water
is prohibited.
H. Any behavior deemed unsafe by the lifeguards is prohibited.
18.4 LAP SWIMMING RULES.
A. During any time the pool is open to the public, lanes will be set aside for lap
swimming. Certain times may be designated for adult lap-swim only.
B. Playing in the lap lanes is not permitted.
C. Swimmers shall not move lap swimmers out of lanes for the~ purpose of
providing a structured workout to a group of two or more swimmers.
D. Coaching organized individuals or swim team participants is prohibited
unless authorized by the Director. Swimmers who wish to have a timed
swim must request to do so through pool staff during the noon hour.
E. Children are not permitted in the lap lanes unless they are swimming laps
and are accompanied by a responsible adult. The adult must be in the lane
with the child.
18.5. WADING POOL RULES.
A. Children who are not toilet trained are-required to wear waterproof pants or
diapers in the wading pool and the main pool.
B. Toys are acceptable as long as they are not being thrown or used in an
unsafe manner.
C. Kickboards are not allowed in the wading pool during open recreation swim
times or during crowded times of the day.
D. Parents must accompany children in the wading pool at all times. Children
in the wading pool without adult supervision will be asked to leave the area.
E. Children 6 years and older are not permitted in the wading pool.
18.6 LOCKER ROOM RULES.
A. Do not leave personal items unattended in the locker room at any time.
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B. Duration'' of showers is to be kept to a minimum; shower faucets should be
turned off after showering.
C. Parents with a child over the age of 6 and of the opposite sex should bring
the child to the pool dressed and ready to swi'm prior to using the facility. In
the event the·child needs to use the restroom, the lifeguard will escort the
child to. the appropriate facility.
18.7 ACTIONS.
Roughhousing, fighting·, and failure to adhere to posted rules or requests
from pool staff will result in expulsion from the Swim Center.
18.8. GROUP RENTALS.
A. On day of reservation, groups may increase the number of participants from
that listed on the application by no more than twenty percent (20%).
B. Any sp~cial requests must be made in writing to th~ Swim Center
Recreation Supervisor.
C. The Swim Center Recreation Superv'isor must approve toys, flotation
devices, masks, snorkels, .. balls, etc., prior to reservation date. During
summer recreational swim t'iours, these items will not be allowed.
D. Groups must enter the poof area by the side gate and must review pool
rules with a lifeguard prior to entering.
E. There must be one (1) adult for every twenty (20) minors present" during a
rental. · ·
F. Groups are responsible for cleaning up after themselves and keeping their
areas clean.
SECTION 19 CITY COUNCIL CHAMBERS AND COURTYARD USE LIMITATIONS
19.1 USE DURING CITY HALL REGULAR BUSINESS HOURS.
A.
B.
C.
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City Council Chambers· and Observation Room: Organizational
meetings, educational seminars, and training sessions, are considered
acceptable uses. Parking at City Hall is limited during regular hours;
therefore, meetings where more than 50 people are anticipated to attend
are permitted only by permission of the Director of. Community Services.
Setup is permitted beginning at 7:30 a.m. with guests arriving. no earlier
than 8:00a.m. and departing no later than 10:00 p.m.
Courtyard: Social events are permitted. Setup for outdoor functions is
permitted beginning at 2:00 p.m. with guests arriving no earlier than 5:30
p.m. and departing no later than 10:00 p.m. Occupancy is limited to 250.
City Hall Office Building Kitchen:· Access is permitted beginning 2:00
p.m. with cleanup finished by 11:00 p.m.
April 15, 2014 Item # 3.3
,, .
'
Facility Use Rules and Regulations
Page 37 of 37
19.2 USE DURING OTHER TIMES.
A. City Council Chambers and Observation Room: Organizational meetings,
educational seminars, training sessions, and social events are considered
acceptable uses. With the exception of Tuesdays, when no rental is
permitted, setup is permitted beginning 7:30 a.m.-with guests arriving no
earlier than 8:00a.m. and departing no later than 11:00 p.m.
B. Courtyard: Social events are permitted. Setup for outdoor functions is
permitted beginning 8:00 a.m. with guests departing no later than 10:00
p.m.
C. City Hall Office Building Kitchen: Access is permitted beginning 8:00 a.m.
with cleanup finished by 11:00 p.m. Access to the City Hall office building is
not permitted. ·
19.3 EQUIPMENT:
Chairs are available for use for meetings held inside the Council Chambers. All
other equipment must be provided by the permitee. Permitees must provide own
audio/visual equipment unless authorized by the Director and staff service charges
will apply according to the Fee Policy.
19.4 RESTING PERIOD:
The Courtyard requires a 72-hour interval between reservations utilizing the grassy
area unless permitted in writing by the Director.
SECTION 20 OLD POWAY PARK RULES AND LIMITATIONS
20.1 All persons must cross the railroad tracks at approved locations only.
20.2 Standing on or walking along the railroad tracks while the train is in use is
prohibited.
SECTION 21 CHANGES TO THE POLICY.
:changes to existing law by applicable government agencies that affect this policy
shall be included as necessary, in addition to applicable resolutions of the Poway
City Council. Future changes or amendments to the Poway Municipal Code
affecting this policy shall be deemed to have been incorporated into this policy by
this reference, as if fully set forth in the policy. In the case of any conflicts between
this policy and the Poway Municipal Code, or any other applicable laws, the Code
provision or applicable law shall control over the policy.
SECTION 22 SEVERABILITY.
45 of 70
If any section, subsection, sentence, clause, phrase, part, or portion of this policy
is, for any reason, held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this policy. It is hereby declared that this policy and each section, subsection,
sentence, clause, phrase, part, or portion thereof, would have been adopted or
passed irrespective of the fact that any one or more sections, sentences, clauses,
phrases, parts, or portions. be declared invalid or unconstitutional.
April 15, 2014 Item # 3.3
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ESTABLISHING THE COMMUNITY SERVICES DEPARTMENT
PROGRAMMING AND FACIL TY USE FEE POLICY,
AND REPEALING RE$0LUTION NO. 07-089
WHEREAS, fees for the use of Community Services Facilities have been
established in the Master Fee Schedule to provide for the recovery of operation and
maintenance costs associated with said fadlities; and ·
WHEREAS, fees have been established in the Master Fee Schedule for recreation
programing offered by the City; and
WHEREAS, a Community Services D~partment Programming and Facility Use Fee
Policy, which can be amended or added to in part by a Resolution or Ordinance of the City
.. Council of .the City of Poway, provides great~r continuity and efficiency in the assessment
and collection of these fees; and ·
WHEREAS, it is necessary from time to time to update the policy for the use of City
of Poway Community Services f~cilities and participation in programs; and
WHEREAS, the classification of applicants and corresponding user fee categories
have been clarified and updated; and
WHEREAS, provisions relating to deposits, payment schedules, cancellations, and
refunds have been updated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follOW$: .
Section 1: That certain Community Services. Department Programming and Facility Use
Fee Policy, presented at this meeting and a's set forth in Exhibit 1 to this Resolution, is
hereby approved and adopted, and shall be effective immediately.
Section 2: Resolution No. 07-089 is hereby repealed, rescinded and of no further force
and effect.
\
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway
at a regular meeting this 151h day of April 2014. ·
Don Higginson, Mayor
46 of 70 ' ATTACHMENT 8 April15, 2014 Item# 3.3
'------------------'------~----~-----·-~ --------~"-· -
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
' ) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page2
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing,Resolution No. 14-was duly adopted by the City Council at a
meeting of said City·Council held on the 15th day of April 2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
Exhibit:
1. Community Services Department Programming and Facility Use Fee Policy.
47 of 70 April15, 2014 Item# 3.3
2.2
2.3
2.4
2.5
Page I 2
49 of 70
established. User cl!3ssifications are listed in order of priority with Category A
first, Category B second, and so on:
Category A: City of Poway; Poway Unified School District (PUSD) and their
school Foundations
Category 8: PUSD schools (Parent Teacher Student Association (PTSA),
Extended Student Services (ESS), boosters, and clubs)
Poway Nonprofit Organization located in Poway City Limits-
Meeting only
Public Agencies *
Poway Sports Association (PSA)-Meeting only
Category C: Poway Nonprofit Organization located in Poway City Limits-
Function
Poway Sports Association (PSA)-Function**
Poway Chamber of Commerce
Category D: Individual residing in Poway City Limits
Category E: Business located in Poway City Limits
Nonprofit located Outside of Poway City Limits
Category F: Individual residing outside of Poway City Limits
Business located outside of Poway City Limits
*At the discretion of the Director of Community Services, a public agency located
outside of Poway City Limits may be categorized as "A" when the rental purpose
directly benefits the City of Poway.
** Field and Lighting use Fees for PSA groups are discounted per the PSA
Manual.
POWAY-A Poway individual, organization, school or business must be located
within the Poway City Limits, and have a Poway street address. Proof of
residency is required.
NONPROFIT ORGANIZATION -An organization must submit one of the
following documents as proof of its nonprofit/non-commercial status:
A Federal confirmation of a 501 (c)(3) or 501 (c)(?) status (e.g., a
"determination letter" from the IRS), or
B. State confirmation, to include the State-issued organization number (e.g.,
a "determination letter'' from the Franchise Tax Board), or
C. Articles of Incorporation or Constitution and By-Laws that clearly state
that the objective of the organization is of a nonprofit, non-commercial
nature.
POWAY NONPROFIT ORGANIZATION -A Poway Nonprofit must meet the
criteria for a Nonprofit Organization described in Section 2.3, and it must show
that it is a Poway Chapter located within the Poway City Limits.
CITY PRIORITY -City of Poway and Community Services Department activities
have first priority for the use of faciliti~s. The City retains the right to cancel
approved Facility Use Permits in order to accommodate City needs.
April15, 2014. Item# 3.3
2.6 POWAY CENTER FOR THE PERFORMING ARTS PRIORITY -Pri~rity for use
of the Poway Center for the Performing Arts (PCPA) is established in the Poway
Center for the Performing Arts Use Policy. Each application will be reviewed by
the Community Services Director and/or designated staff and, for the purpose of
assessing fees according to the Facility Use Fee Schedule, classified into a
group depending on the type of organization. Nonprofit, non-commercial and
·governmental entities shall be classified as "PCPA-A," and for-profit
commercial and all other entities classified as "PCPA-8."
.,
2. 7 SPORTS LEAGUES -The Community Services Department shall establish
priority in scheduling fields to meet the greatest need for recreation youth sports
organizations in the City of Poway, as provided in -the Facility Use Rules and
Regulations, and the Poway Sports Association (PSA) manual.
SECTION 3 FEES AND PAYMENT
3.1 USE FEES -are "per-use" and charged according to the City's Master Fee
Schedule (hereinafter referred to as "Fee Schedule").
3.2 RATES-are "per-hour" unless otherwise authorized.
3.3 RENTAL MINIMUM -There is a two (2) hour minimum charge for the· use of
facilities, except the Poway Center for the Performing Arts, which has a five (5)
hour minimum charge.
3.4 RENTAL PACKAGE -The Director may establish rental packages for the
use of specific facilities for a certain number of hours (e.g., wedding
package).
3.5 PROCESSING FEE -A nonrefundable processing fee will be charged according
to the Fee Schedule for each facility use application filed, and is due when the
application is submitted.
3.6 RENTAL DEPOSIT -A Rental Deposit contained in the Fee Schedule is due
upon application for the PCPA ·and for rental packages. The rental deposit less
any applicable fees will be refunded to the applicant within twenty-one (21) days
after the rental date.
3.7 CLEANING/DAMAGE DEPOSIT-A Cleaning/Damage Deposit contained in the
Fee Schedule is due when the application is submitted. The deposit or portion
thereof may be retained. in accordance with the conditions provided in this policy
and the Facility Use Rules and Regulations. Any remaining deposit will be
refunded to the permittee within twenty-one (21) days after the rental date.
3.8 STAFF SERVICE FEES -Fees for services provided by the Community
Services staff will charged for use of the facilities are according to the Fee
Schedule as follows:
Page I 3
50 of 70 April 15, 2014 Item # 3.3
~~-----------------~----
A. Poway Center for the Performing Arts: theatre technician service fees
contained in the Facility Use Fee Schedule are payable' at Level 1
when work does not exceed eight (8) hours per day, and Level 2 for work
in excess of eight (8) hours per day. Staff Service Fees are due within
ten ( 1 0) days after billing.
B. All other facilities: for use during hours when the facility is not regularly
available for rental as provided in the Facility Use Rules ·and
Regulations, Staff Service Fees covering the reserved time are due
fourteen (14) days prior to rental date.
3.9 .. CANCELLATION FEES -Should the applicant cancel thE? use ·of facilities a
cancellation fee will be charged, as contained in the Fee Schedule, and will be
assessed as follows:
A. Poway Center for the Performing Arts and rental packages -assessed to
the Rental Depos1t if canceled less thah sixty (60) days in advance.
B. Swim Center -assessed to the Cleaning/Damage Deposit if canceled
less than fourteen (14) days in advance.
C. Sports Fields -as defined in the Poway Sports Association (PSA)
Manual.
D. All other facilities -assessed t~ the Clear,~ing/Damage Deposit if
canceled less than fourteen (14) days in advarice.
E. Recreation Programming -assesse~ to the program registration
refund. If the program is canceled or overbooked by the City of
Poway and/or the ·independent contract instructor, no fee will be
assessed.
3.10 GROUP LIABILITY INSURANCE FEES-Insurance coverage shall be required
for all users of facilities as specified in Facility Use Rules and Regulations, and
proof of required insurance is due fourteen (14) days prior to rental date.
Permitee shall provide a Certificate of Insurance with a separate Endorsement
page naming ·the City of Poway as additionally insured, or purchase City-
provided insurance, the rates for which are established by the Joint Powers
Insurance Agency. ,
3.11 ALCOHOL PERMIT FEES -As established by the Joint Powers ·Insurance
Agency alcohol permit fees are per-use and required when alcohol_ is served
and consumed by parties other than solely by the permitee. The Alcohol Permit
Fee is due when the final payment is due.
3.12 CONTRACT CLASS FEES -Fees for classes taught by' a contract instructor
shall be determined 1n accordance with the City of Poway Contract Instructor
Policies and Procedures.
3.13 CITY-OPERATED PROGRAMMING FEES-Fees for City-operated programming
will be charged according to the Fee Schedule.
3.14 ADDITION OF LIKE FEES-In the event that a service is required and the fee is
not set forth in the Fee Schedule, the Director of Community Services may
determine fees associated with facilities or programs added to the jurisdiction
Page I 4
51 of 70 April15, 2014 Item# 3.3
of the Community Services Department in a manner that is consistent with
existing facilities or programs.
3.15 PAYMENT TO CITY -Payment of fees is due as contained within this policy.
Checks or money orders are to be made payable to: City of Poway. Applications
will not be accepted from applicants with any outstanding balances past due.
A. Park and Picnic Areas, and Air Bounce Permit: Full payment is due when
the application is submitted.
B. Other Facilities: Full payment of the applicable deposit is due when the
application is submitted. Once the application is approved and a permit is
issued, up to two changes may be made more than 14 days in advance of
the rental date. Final payment of all fees is· due 14 days prior to the rental
date, at which point no further changes may be made.
C.· Rental Package: Full payment of the applicable deposit is due when the
application is submitted. Once the application is approved and a permit is
issued, payment must be paid in full 60 days in advance. Up to two
changes may be made more than 30 days in advance of the rental date.
No further changes may be made less than 30 days in advance of the
rental date.
3.16 REFUNDS-
Page I 5
52 of 70
A.
B.
Facility Rentals:
1. Refunds, less applicable cancellation fees, will be made to the
permitee Within twenty-one (21) days after the cancellation date.
2. A rental may be rescheduled to a different location or date in
anticipation of inclement weather provided the re-scheduled date
and venue are available for use; however, cancellation fees shall
apply to refunds requested in anticipation of inclement weather.
3. Refunds are not granted to rental clients on or after a rental date.
Recreation Programming:
1. A full refund will be issued for all classes canceled or overbooked
by the City of Poway and/or the independent contract instructor.
2. Prior to the first day of class:
a. Customer may request a refund prior to the start date. A
cancellation fee as contained in the Fee Schedule will be
deducted.
b. In lieu of a refund, customer may request a full credit to be
placed on account. The credit on account will be valid for
one year and may be applied to another enrollment or
reservation. If the credit is not used after one year, the
funds will be forfeited and the customer's account will be
cleared.
3. Except as otherwise provided in this policy, if a registrant fails to
attend a program after it begins, the registrant is not entitled to a
refund.
April15, 2014 Item# 3.3
'•
4. After the first day of class:
a. Requests for refunds will only be grar;1ted if the slot can be
filled by another customer on a waiting list. If that slot can
be filled, the refund will be prorated and the cancellation
fee will be deducted.
b. Requests for refunds for classes, camps, or programs with
enrollment fees that are less than the cancellation fee
established in the Fee Schedule will automatically be given
as credit on account.
5. Exceptions may be authorized by the Director of Community
Services. A doctor's note or written request describing the
extenuating circumstances must be submitted to the Community
Services Department.
SECTION 4 PARKING AT LAKE POWAY
Residents of the City of Poway .are not charged to park at Lake Poway. Residents may
obtain a Resident Permit at the Lake Poway entry station or the Community Services
Department during operating hours upon submission of government-issued identification
showing Poway residency. · Vehicles belonging to nonresidents are assessed the
parking fee as provided in the Fee Schedule during such times of the year that parking
fees are charged. ·
A. Special Considerations:
1. Parking fees for nonresident employees attending a permitted
event held by a business located within the limits of the City of
Poway shall be established in the Fee Schedule.
2. Persons in possession of a valid fishing permit are not
required to pay for parking.
3. Parking fees are waived for those in possession· of a current
active-duty Armed Forces identification card.
SECTION 5 CHANGES TO THE POLICY
Changes to existing law by applicable government agencies that affect this policy
shall be included as necessary, in addition to applicable resolutions of the Poway
City Council.
SECTION 6 SEVERABILITY
If any section, subsection, sentence, clause, phrase, part, or portion of ·this policy is
for any reason held to be invalid or unconstitutional by any co.urt of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
policy. It is hereby declared that this policy and each section, subsection, sentence,
clause, phrase, part, or portion thereof, would have been adopted or passed
irrespective of the fact that any one or more sections, sentences, clauses, phrases,
parts, or portions be declared invalid or unconstitutional.
Page I 6
53 of 70 April15, 2014 Item #.3.3
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
AMENDit-JG THE MASTER FEE SCHEDULE TO
UPDATE COMMUNITY SERVICES FEES, and
REPEALING RESOLUTION NO. 12-024
WHEREAS, California Code section 66016 et seq. establishes procedures for the
adoption of fees for services by local government; and · ··
, WHEREAS, on May 4, 2010, the City Council adopted Resolution No. 10-017,
adopting a Master Schedule of Fees, which includes fees for the Community Services
Department; and
WHEREAS, on June 5, 2012, the City Council adopted Resolution No. 12-024
Amending the Master Fee Schedule to Incorporate Updates to Community Services Fees;
and
WHEREAS, the Community Services Facility Use Fee Policy adopted by the City
Council on f\pril1, 2014, allows the Director of Community Services to determine proposed
fees associated with facilities or program added to the jurisdiction of the Community
Services Department in a manner that is consistent with existing facilities or programs, and
to, thereafter, present the proposed fees to the City Council for consideration and approval,
and;
WHEREAS, large outdoor rental areas have been brought online under the existing
fee category of "Park Area Occupancy 150 & Over: Ceremony Lawn and Box Car Lot at
Old Poway Park, and Gazebo at Community Park"; and
WHEREAS, a cleaning/damage deposit has been collected for use of large outdoor
areas at Old Poway Park consistent with the existing fee category of "Cleaning/Damage
Deposit for Indoor Spaces," which is necessary for the protection of these heavily utilized
facilities; and
WHEREAS, a cleaning/damage deposit has been established for the rental of
facilities grouped into wedding packages at Old Poway Park, consistent with the existing
fee category of "Performing Arts Center Rental Deposit, First Day," which is necessary for
the protection of the these heavily utilized facilities; and
WHEREAS, Air Bounce Permits are issued at Lake Poway and Community Park in
conjunction with a park area rental, the fee for which is less than the existing fee category
"Aibounce Permit Fee" for neighborhood parks; and
54 of 70 ATTACHMENT C April15, 2q14 Item# 3.3
-----~ ~---~--. . .
Resolution No .
. Page 2
WHEREAS, the "Kid's Night Out" event has been added to Community Services
program offerings under the existing fee category "Community Park"; and
WHEREAS, Itemization of these fees and charges in the Community Services
section of the Master Fee Schedule provides clarity and transparency to the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council finds that this amendment to the Master Fee Schedule is
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15273 (a) 1 ).
Section 2: The City Council hereby modifies the Community Services Section of the
Master Fee Schedule by itemizing the rental schedule for the Ceremony Lawn and Box Car
-Lot at Old Poway Park, and Gazebo at Community Park and Lake Poway; itemizing
rental/cleaning deposits for Outdoor Spaces at Old . Poway Park; itemizing the
cleaning/damage deposit for the rental of facilities grouped into wedding packages at Old
Poway Park; differentiating an Airbounce Permit at a neighborhood park from an Airbounce
Permit issued at Lake Poway and Community Park in conjunction with a park area rental;
and itemizing the admission fee for Kid's Night Out.·, The updated Community Services
section of the Master Fee Schedule is attached as Exhibit 1.
Section 3: The changes shall become effective immediately.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at
a regular meeting this 15 1h day of April, 2014.
Don Higginson, Mayor
55 of 70 April15, 2014 Item# 3.3
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Resolution No.
Page 3
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 14-was duly adopted by the City Council at a
meeting of said City Council held on the 151
h day of April, 2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sheila R. Cobian, CMC, City Clerk
City of Poway
Exhibit:
1. Updated Community Services Section of the Master Fee Schedule
56 of 70 April15, 2014 Item# 3.3
Exhibit 1
Master Fee Schedule EHective Aprll15, 2014
Service Description Fee
--~------, Community Services : · -_ J
FACILITY USE fees va ry b y ca tegory and pri ority as f ollows:
A : City, PUSD & PUSD School Foundation
B : PUSD Schools (PTSA, ESS, boosters . clubs)/Poway NP Meeting/PSA Meeting/Public Agency
C : Poway NP Function/PSA Function/Poway Chamber of Commerce
D : Poway Resident
E: Poway Business /NP Outside of Poway
F : Individual Residing Outside of Poway/Business Located Outside of Poway
N/A: Indicates facilitiy is NOT AVAILABLE for use by certain categories of organizations
N/C: Indicates No Charge
Description
Community Park
Auditorium
Bill Bond Hall Room 1
Bill Bond Room 2 or 3
Nutriti on Room
Kitchen
57 of 70
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
N/C
34
52
69
103
121
N/C
27
41
54
80
94
N/C
N/C
30
41
61
71
N/C
N/C
21
28
43
49
N/C
14
21
28
42
49
Per Hour
A
B (hourly rate)
C (hourly rate)
D (hourly rate)
E (hourly rate)
F (hourly rate)
A
B (hourly rate)
C (hourly rate)
D (hourly rate)
E (hourly rate)
F (hourly rate)
A
B (hourly rate)
C (hou rly rate)
D (hourly rate)
E (hourly rate)
F (hourly rate)
A
B (hourly rate)
C (hourly rate)
D (hourly rate)
E (hourly rate)
F (hourly rate)
A
B (hourly rate)
C (hourly rate)
D (hourly rate)
E (hourly rate)
F (hourly rate)
April15, 2014 Item# 3.3
Description Per Hour
N/C A
N/C B (hourly rate)
$ 21 C (hourly rate) Activity Room 1 or 2
$ 28 D (hourly rate)
$ 42 E (hourly rate)
$ 49 F (hourly rate)
Community Park Outdoor Areas
Dog Park Pen 1, 2, or 3 N/C A
$ 6 B (hourly rate)
$ 8 C (hourly rate)
$ 11 D (hourly rate)
$ 18 E (hourly rate)
$ 21 F (hourly rate)
N/C A
$ 5 B (hourly rate)
$ 8 C (hourly rate) Bocce Courts
$ 10 D (hourly rate)
$ 16 E (hourly rate)
$ 19 F (hourly rate)
Gymnasiums
N/C A
$ 24 B (hourly rate)
$ 37 C (hourly rate) Twin Peaks or Meadowbrook Gymnasium
$ 49 D (hourly rate)
$ 73 E (hourly rate)
$ 86 F (hourly rate)
N/C A
N/C B
$ 27 C (hourly rate) Stage/Activity Room
$ 36 D (hourly rat e)
$ 53 E (hourly rate)
$ 63 F (hourly rate)
Old Poway Park
Templars Hall N/C A
$ 2 1 B (hou rly rate)
$ 31 C (hourly rate)
$ 43 D (hourly rate)
$ 64 E (hourly rate)
$ 74 F (hourly rate)
N/C A
$ 10 B (hourly rate)
$ 17 C (hourly rate) Gazebo or Carriage Turn
$ 22 D (hourly rate)
$ 32 E (hourly rate)
$ 38 F (hourly rate)
58 of 70 April 15, 2014 Item # 3.3
Description Per Hour
N/C A
N/C B
$ 22 C (hourly rate) Porter House -Great Room
$ 30 0 (hourly rate)
$ 45 E (hourly rate)
$ 52 F (hourly rate)
N/C A
N/C B
$ 22 C (hourly rate) Porter House -Parlour
$ 30 0 (hourly rate)
$ 45 E (hourly rate)
$ 52 F (hourly rate)
N/C A
N/C B
$ 22 C (hourly rate) Porter House -Kitchen
$ 30 0 (hourly rate)
$ 45 E (hourly rate)
$ 52 F (hou rly rate)
Ceremony Lawn or Box Car Lot N/C A
$ 10 B (hourly rate)
$ 16 C (hourly rate)
$ 21 0 (hourly rate)
$ 31 E (hourly rate)
$ 37 F (hourly rate)
Lake Poway
N/C A
$ 22 B (hourly rate)
$ 33 C (hourly rate) Pavilion and Outdoor Area
$ 44 0 (hour ly rate)
$ 66 E (hourly rate)
$ 77 F (hourly rate)
N/C A
$ 8 B (hourly rate)
$ 13 C (hourly rate) Archery Range
$ 17 0 (hourly rate)
$ 26 E (hourly rate)
$ 30 F (hourly rate)
N/C A
N/A B
$ 3 C (hourly rate)
Concession N/A 0
N/A E
N/A F
59 of 70 April15, 2014 Item# 3.3
Descri ption Pe r Hour
Poway Athletic Fie lds a nd Park/Picnic Areas
N/C A
$ 8 B (hourly rate)
$ 13 C (hourly rate) Baseball field use (unlined, unmarked)
$ 17 D (hourly rate)
$ 25 E (hourly rate)
$ 29 F (hourly rate)
N/C A
$ 6 B (hourly rate)
$ 8 C (hourly rate) Soccer field use (unlined , unmarked)
$ 11 D (hourly rate)
$ 18 E (hourly rate)
$ 21 F (hourly rate)
N/C A
$ 4 B (hourly rate)
$ 6 C (hourly rate) Basketball court use
$ 8 D (hourly rate)
$ 13 E (hou rly rate)
$ 14 F (hourly rate)
N/C A
$ 16 B (hou rl y rate)
$ 16 C (hourly rate) Ballfield Lights
$ 16 D (hourly rate)
$ 16 E (hourly rate)
$ 16 F (hourly rate)
N/C A
$ 18 B (hourly rate)
$ 18 C (hourly rate) Soccer Field Lights
$ 18 D (hourly rate)
$ 18 E (hou rly rate)
$ 18 F (hourly rate)
N/C A
$ 5 B (hourly rate)
$ 7 C (hourly rate) Park Area Occupancy Up to 149
$ 10 D (hourly rate)
$ 16 E (hourly rate)
$ 18 F (hourly rate)
N/C A
Park Area Occupancy 150 & Over $ 10 B (hourly rate)
$ 16 C (hourly rate)
$ 21 D (hourly rate)
$ 31 E (hourly rate)
$ 37 F (hourly rate)
60 of 70 Apri115, 2014 Item# 3.3
Description Per Hou r
Gazebo (excluding Old Poway Park) N/C A
$ 10 B {hourly rate)
$ 16 C (hourly rate)
$ 21 D (hourly rate)
$ 31 E (hourly rate)
$ 37 F (hourly rate)
Poway Center for Performing Arts
N/C A
Center: five-hour minimum $ 940 Non-Profit Group hourly rate
$ 1,410 For-Profit Group hourly rate
N/C A
Center: additional hours $ 2 10 Non-Profit G roup hou rly rate
$ 340 For-Profit G roup hourly rate
N/C A
Center: 12-hour flat fee $ 1,670 Non-Profit Group hourl y rate
$ 2,560 For-Profit G roup hou rly rate
N/C A
Courtyard -with Performance/Exhibition only $ 52 Non-Profit Group hourly rate
$ 78 For-Profit Group hourly rate
N/C A
Lobby -with Performance/Exhibition only $ 78 Non-Profit Group hourly rate
$ 105 For-Profit Group hourly rate
N/C A
Lobby -Art Receptions {four hour block) $ 150 Non-Profit Group hourly rate
$ 150 For-Profit G roup hourly rate
N/C A
Green Room (meetings) $ 26 Non-Profit Group hourly rate
$ 26 Fo r-Profit Group hou rly rate
N/C A
G reen Room (receptions) $ 52 Non-Profit Group hourly rate
$ 78 For-Profit G roup hourl y rate
City Hall Rental
N/C A
$ 114 B (hourly rate)
Chambers $ 171 C (hourly rate)
$ 228 D (hourly rate)
$ 343 E (hourly rate)
$ 399 F (hourly rate)
N/C A
$ 48 B (hourly rate)
$ 7 1 C (hourly rate) Courtyard
$ 95 D (hourly rate)
$ 143 E (hourly rate)
$ 167 F {hourly rate)
61 of 70 April15, 2014 Item# 3.3
Description
Kitchen
Perm its
Airbounce Permit Fee-Neighborhood Park
Airbounce Permit Fee-Lake Poway, Comm Pk
Alcohol Permit
Rental Deposits
Indoor Spaces for Ongoing Nonprofit Meetings
Cleaning/Damage Deposits
Indoor Spaces
Indoor Spaces when serving food
Indoor Spaces when serving alcohol
Outdoor Spaces Old Poway Park: Gazebo, Box
Car Lot, Ceremony Lawn
$
$
$
$
$
$
$
$
$
$
$
$
Per Ho ur
N/C A
22 B (hourly rate)
32 C (hourly rate)
44 D (hourly rate)
65 E (hourly rate)
76 F (hourly rate)
31
5
in conjunction w/ a parWpicnic area rental
100% Set byJPIA
25 refundable
100 refundable cleaning/damage deposit
200 refundable cleaning/damage deposit
300 refundable cleaning/damage deposit
100
refundable cleaningfdamage deposit
Commercial Filming $ 200 refundable cleaningfdamage deposit
Cancellation Fees-If applicable (call 858-668-4570 for deadline details)
Rented Facilities (excludes PCPA and Swim) $ 25 less than 14 days prior to rental date
Class Withdrawal by Participant $ 15
Processing Fees
Air Bounce Permit $ 3
Facilities Use Permit (FUP) $ 3
Refund -Facility Use Applications $ 16
Commercial Filming $ 3
Staffing Fees -Per Hour
Park Ranger during nonregular hours $ 43 per hour
Recreation Leader 1 during nonregular hours $ 30 per hour
Poway Youth Sports Associated Organized League Play Organized League Play
Regular Season Fields
Lighting
Off-Season Fields
Other Fees
Contract Class Registration
Group Liability Insurance Fee
Non-Resident Registration
62 of 70
No Charge
$ 12
$ 3
Established by Contract
Established by Joint Powers Ins. Authority
$ 10
Apri l 15, 2014 Item# 3.3
Description Per Ho ur
Special Yse Fee: Commercial Advertisign a nd Motion PiGtlJre & Commercial Film and Print
Non-published Print (maximum of 8 hours) N/A
Published Print
Maximum of 8 hours $ 188
Additional Hours $ 63
Outside normal hours $ 63 Plus staffing fees
Commercial Film
Maximum of 8 hours $ 376
Additional Hours $ 63
Outside normal hours $ 63 Plus staffing fees
Recreation (201)
Gyms 3 on 3 Basketball $ 68
Gyms Youth VB League $ 26
4th of July -Ages 12 and up $ 2
Lake Operations (202)
Family Campouts (up to 5 family members) $ 52
Each additional family member (if more than 5) $ 10
Adventure Series Campout (up to 4) $ 40
Youth Fishing Derby Campout (per vehicle) $ 15
2-Day Fishing Derby (each day)
Adult (In addition to Fishing Permit Fee) $ 10
Youth (In addition to Fishing Permit Fee) $ 5
Youth Fishing Derby (in addition to Fishing Permit Fee ) N/C
Catfish Craze
Adult (In addition to Fishing Perm it Fee) $ 10
Youth (In addition to Fishing Permit Fee) $ 5
Day Camp $ 125
Day Camp -CIT $ 52
Boating Permits
Motorboat
Full Day $ 24
Half Day $ 18
Per Hour $ 13
Senior/Military Fu ll Day $ 16
Senior/Military 1/2 Day $ 11
Rowboat
Full Day $ 16
Half Day $ 9
Per Hour $ 8
Senior/Military Full Day $ 10
Senior/Military 1/2 Day $ 6
63 of 70 April15, 2014 Item# 3.3
Description Pe r Hour
Pedal boat
Per Hour $ 13
Per 1/2 Hour $ 8
Fishing Permits
Youth (7 & Under} N/A
Youth (8-15} $ 3
Adult (16 & Older} $ 6
Senior $ 3
Military $ 4
Bass Season 30-day Pass $ 90
TroutSeason 30-day Pass $ 42
10-Day Youth/Senior Pass $ 27
Archery Range Card $ 10
Nonresident Parking Fees
Auto-Weekends $ 5
Motorcycles $ 2
RVs / Buses $ 5
Non-resident employees @ Poway Business $ 3 Functions
Parking Fee Waiver Active Military N/C
Aquatics (203}
Cleaning/Damage Deposit -Swim Meets $ 200 refundable cleaning/damage deposit
Cancellation Fee -Swim Meets $ 200
Youth Day-Prepurchase $ 13
Youth Day-Day of Event $ 17
Youth Day -Aftercare $ 5
Water Aerobics N/C
Swim-in Movie-Youth/Senior $ 3
Swim-in Movie -Adult $ 4
Swim-in Movie -Family $ 12
Birthday Parties $ 52
Community Park Swim Center
Daily Admission -Resident
Youth/Senior $ 2
Adult $ 2.50
Daily Admission Non-Resident
Youth/Senior $ 4
Adult $ 5
Family Swim -Sat/Sun 10:30 a.m. to 1 p .m.
Resident $ 8
Non-Res ident $ 11
Lap Passes -Resident
Youth/Senior $ 20
Adult $ 25
64 of 70 April15, 2014 Item# 3.3
Descri ption Per Hour
Lap Passes -Nonresident
Youth/Seior $ 40
Adult $ 50
Season Pass -Resident
Youth I Senior $ 73
Adult $ 94
Family $ 157
Season Pass -Non-Resident
Youth I Senior $ 105
Adult $ 125
Family $ 256
Annual Pass -Resident
Youth I Senior $ 183
Adult $ 225
Family $ 392
Annual Pass -Non-Resident
Youth /Senior $ 261
Adult $ 355
Family $ 643
T earn Use During Closed Hours
Pool Fee -Resident -Exclusive $ 39 per hour
Pool Fee -Resident -Shared $ 21 per hour
Pool Fee -Non-Resident -Exclusive $ 50 perhour
Pool Fee -Non-Resident -Shared $ 33 perhour
Tournament Fees 46%
Resident Teams $ 57 per hour
Non-Resident Teams $ 78 per hour
Preparation Fee -Resident $ 157 flat fee
Preparation Fee -Non-Resident $ 314 flat fee
Team Use During Open Hours
Lane Use -Hourly -Resident $ 5 (at least 51% Poway residents)
Lane Use -Hourly -Non-Resident $ 6 (less than 51% Poway residents)
Swim Lessons -Per Meeting $ 6 .50
Lifeguard Train ing Classes-Resident $ 100
Lifeguard Training Classes-Non-Resident $ 110
Private Lessons $ 26
Locker Rentals $ 0.25
Performing Arts Ce nter (204)
Rental Deposits
First day $ 300
Each additional day $ 150
Cleaning/Damage Deposits
PCPA $ 300 refundable cleaning/damage deposit
65 of 70 April15, 2014 Item# 3.3
Description
Cancellation Fees -if applicable
PCPA
Staffing Fees -Per Hour
Technical Theatre Coordinator acting as TES in
excess of twelve (12) hours
Stage Technician eight (8) hours/day & Art
Receptions-Level 1
Stage Technician in excess if eight (8) hourslday-
Level2
Front of House Coordinator in excess of 5 hours &
Art Receptions
Box Office Attendant in excess of 4 hours
Ticketing Fees
Consignment -First show
Consignment -Each additional show
Consignment -Returned unused tickets
Handling -In-person and by-phone
Online Purchases
Other Fees
Non-Intermission Fee
Merchandise Sales Commission
Commission -Facility Art Displays
Piano Tuning
Additional Equipment
Canopy Use
Old Poway Park (205)
Cleaning/Damage Deposit-Rental Package
4th of July -Booths
Train Song Festival-Booths
Rendezvous in Poway Tour Program
Christmas in the Park -Booths
Tour Program (City receives $1.50)
Interpret ive Services (207)
Class Registration
Nature Education Program
Hoot, Howl & Prowl
School Program
Community Park (2 08)
Contract Class Recital Fee
Skate Park Programs
WiAter P:estival SkatiA€J ,tt,aFRissioA:
WiAter P:estival SkatiA€J Yo1:1th
WiAte r P'esti .. •al SkatiA€J Aa~:~lt
FaFRily of P'o1:1r
Kids Night Out
66 of 70
Pe r Hour
full deposit forfeit
$ 42 per hour
$ 23 per hour
$ 34 per hour
$ 23 per hour
$ 17 per hour
$ 100
$ 52
$ 0.25 each
$ 5 each
$ 3 each
$ 150
15% Nonprofit I 20% For Profit
15% Nonprofit I 20% For Profit
Actual cost
Actual cost
$ 261
$ 300 refundable cleaning/damage deposit
15% of Gross Sales (Non-Profit Groups)
20% of Gross Sales (For-Profit Groups)
$ 37
$ 4
15% of G ross Sales (Non-Profit Groups)
20% of Gross Sales (For-Profit Groups)
$ 4
$ 3
$ 5
$ 4
$ 3
N/C
$ e
$ 7
$ 20
$ 5
April15, 2014 Item# 3.3
I. Specific Chang es to Facility Us e Rules and Regulati o ns Policy:
Section 1 General Policy
1.1 : Veterans Park and Old Poway Park are added to the Description and Primary
Use of Facilities . The Poway Community Library is removed because the City
does not operate it , and no longer rents the meeting room .
Section 2 Definitions
2.5 : Public tra ils are added to the definition of Community SeNices faci lities.
2.10: Defi nition of Programs is added.
2.15 : Definition of Smoke or Smoking is updated to incorporate provisions of
Ordina nce No. 766 prohibiting elect ronic ciga rettes.
2 .16 : Defin ition of Special Event is added .
Section 3 Authority
3.2 : Provisions relating to the exclusion of a person from a Commu nity SeNices
facil ity for vio latio n of the faci lity use r ules and regu lations are revised (pending
adoption of the Ordinance amending Chapter 9.48 of the Poway Mun icipal
Code , also on this City Council agenda).
Section 4 Hours of Operation
4 .2 : Hours of Operation is amended by removi ng the specific hours for each
facility , and autho ri zing t he City Manage r o r designee t o estab lish t he hours of
operation for Community SeNices facilities , outdoor faci l ity lighting , f ishing ,
boati ng , and City prog ramming .
Section 5 Regulations -Facilities
5.2.0.1 : T he exception for consumption of alcohol on Lake Poway or wi t hin t he high
water line or concess ion balcony of Lake Poway is revised from "during the
established night fishing season" to "du ring operating hours" (pending adoption
of the Ordinance amending Chapter 9 .4 8 of t he Poway M un icipal Code , a lso
on th is City Cou ncil agenda).
5 .5 : P rovisio ns preclu d ing camping except in areas spec ifically designated for such
purpose and as may be permitted by the Di rector of Commu ni ty SeNices are
moved f rom the section specific to Lake Poway to the gene ral sect ion
applicable to all Co mmu ni ty SeNices facilities.
5 .6: T he exception for sta ndard cake can d les and "st erno" cans used under chafing
dishes is added to the prov is ions prohibiting a person from ignit ing a fire in a
Community SeNices f acil ity (pe nd ing adopt ion of the Ordinance ame ndi ng
Chapte r 9.48 of the Poway Mun icipal Code , also on t his Ci ty Counci l age nda).
5.7.E: Consiste nt with current practice , a prov is ion is added aut horizing a Comm unity
SeNices s ite employee to designate where specialized vehicles (e .g ., food
tru cks , cateri ng truck s, and equipment rental trucks) may park for a pe rmitted
event.
67 of 70 ATTACHMENT D April15, 2014 Item# 3 .3
Specific Changes
Page 2
5 .13: Consistent with current practice , provisions are added which address no ise
from live music or electronic sound equipment, and noise from outdoor and
indoor facility users that is determined by Community Services site staff to be
a disturbance to other facili ty users or surrounding neighborhoods.
5.17: The Community Services Department's current procedures and requirements
in response to requests to use Community Services facilities for a special
event, as defined in this policy , are added.
5.25: Provisions prohibiting smoking except in a reas designated by the Director of
Community Services are updated to include e lectronic cigarettes , per
Ordinance No . 766.
5 .27: Provisions re lating to i nflatable air bounces and other play equipment are
further clarified and expanded.
5 .28 : Provisions address ing powered model vehicles are added , which are
consistent with current practice.
5.29: This section is added to allow mobile food vendors within a facility in
accordance with the Community Services Department Policy for Mobile Food
Vendors approved by the City Council on October 1, 2013 .
Section 6 City Facility Use and Rentals
6 .1: Changes are made to cla rify the application process and reservation
requi rements to ensure that C ity of Poway facil ities are reserved in a proper
and consistent manner, and that they are utilized for the ir intended purpose :
• The rental client named on the facility use application and permit shall
assume all liability and responsibility for payment. This is to correct
occurrences when a Poway resident uses his/her name and add ress on a
facility use appl ication to receive the Poway resident rental rate , but
wishes to have the permit iss ued in the name of a person who resides
outside of the Poway City limits.
• A Poway bus in ess or Poway nonprofit organization may not su bmi t an
application for a personal , private function .
• A reserved event must be completed before an appl ication for a
subsequent reservation will be processed. This is to ensure the renta l
client did not damage the facil ity or violate the Ru les and Regulations
during their event, before another reservation is approved.
• Use of any facility as a regu lar and primary church , synagogue , temple ,
assembly hall , or othe r place of worship on the part of a religious
organizat ion is prohib ited.
6.2: Changes are made to the General Rules Governing Facility Use to ensure that
rental clients derive the maximum benefit from the permitted use of
Community Services faci lities, with co nsideration given to sa f ety and t he
protection of City property:
• Businesses hi red by a rental client to provide services at a Community
Services facility , includ in g , but not limited to: catering , security and air
bounce companies , are required to have a City of Poway Bus in ess
Certificate.
• The Director of Community Services shall establish , and update as
68 of 70 April 15, 2014 Item # 3.3
Specific Changes
Page 3
needed , w ritt en security staff requirements .
• The use of dyes is added to the list of items not permitted inside or outside
any faci lity .
• Rental clients of reserved park areas and picnic areas may be invoiced by
the City if deemed responsi ble for cleaning and damage repair costs
incurred by the City .
6.4: Provisions addressing Advertising and Motion Pictures are replaced with three
sections under Motion and Still Photog raphy . T he first sect ion addresses
professional portrait photog raphy/videography for persona l, private use ; the
second section addresses commercial film and print ; and the third section
add resses student fi lm and print.
Section 10 Neighborhood Park Rules and Use Lim ita t ions
10.4 .8: A provision is added allowing only one A ir Bounce permit per neighbo rhood
pa rk, per day.
10.4.C: A statement is added that t he possession of an Air Bounce perm it does not
grant or guarantee a designated space in the neighborhood park.
Section 11 Skate Park Rules and Regulations
11 .1: The registration requireme nt for persons unde r 18 years of age is added .
11 .2: Provisions are added to address persons entering the skate park without
reg istration or without authorization .
Se ction 12 Twin Peaks Mu ltipurpose Ce nte r & Meadowbrook Gymnasium Rules
and Use Limita t ions
12.1: A statement is added that the use of gymnasiums is governed by the Joint Use
Agreement between the City of Poway and the Poway Unified School District.
12.6: Fighting , shoving , and aggressive behavior are given as grounds for expu ls ion .
Section 13 Poway Center for the Pe rforming Arts Ru les and Use Limita tions
13.1: A statement is added that the use of t he Poway Center fo r the Performing Arts
is governed by the Joint Use Agreement between the City of Poway and the
Poway Unified Schoo l District.
Section 20 : Old Poway Pa rk Rules and Lim itations
Rules are added specifically re lated to safety nea r the ra ilroad tracks .
69 of 70 April 15 , 2014 Item # 3.3
Specifi c Cha nges
Page 4
II. Specific Changes to Programming and Facility Use Fee Policy:
Section 2 Classification and Priority of Facility Use Applicants
2 .1: The classification and priority of app lica nts into use r fee ca t egories is updated
to prov ide clarification t o the public and staff. The Poway Uni fied School
District (PUSD) Offi ce and Foundation of PUSD schools are classified as
Category A.
2 .3 : The definition of Nonprofit Organization is further clarified .
2 .7 : The Community Services Department shall establish priority in schedul i ng
fields as provided in the Facility Use Rules and Regulations and the Poway
Sports Association (PSA) manual.
Sec tion 3 Fe es and Payment
3 .4 : A provision is added authorizing the Director of Community Services to
establish a Rental Package for the use of specific facilities for a set number of
hours , (e .g ., wedding packages at Old Poway Park). Facility rental fees for
rental packages are equal to or less than the individual facil ity renta l fees . T he
benefits of this change are staff efficiency in booking multiple facilities for
weddings or large events , and convenience for the publ ic .
3.9 : The Cancellation Policy is up dated to state that the cancellation fee for a
program registration will be deducted from the refund , and the cancellat ion
policy for a rental package is added .
3.15A: The current requirement that full payment for Park and Picnic Areas , and A ir
Bounce Permits are due at the t ime the application is submitted as stated in
the policy .
3 .158: A payment schedule and limit to making changes to rental packages are
added .
3 .16A: The section addressing Refunds f o r facility rentals is further clarified . At the
permittee 's request and prior to the day of a rental , the City will reschedule a
rental in anticipation of inclement weather, if availab le . Cancellat ion fees app ly
if a person decides to cancel a reservation in anticipation of inclement
weather. Refunds will not be granted on or after a rental date , regardless of
the weather.
3.1 68: The section addressing Refunds for recreation programming is further clarified .
70 of 70
A provision is added which g ives a custome r the option of receiving a full credit
on account in lieu of a refund , from which a cance ll ation fee will be deducted .
The credit on account will be valid for one year and may be app lied to another
enrollment o r reservat ion . If the credit is not used after one year, the funds will
be forfeited and the customer's account will be cleared .
April15, 2014 Item# 3.3
Adoption of a Resolution Requiring Additional Publ ic Noticing for Public Hearings
April 15 , 2014
Page 2
At the February 4 , 2014 , workshop the City Council considered options for how to
p rovide the expanded public notice. Staff has access to property owner information on
every parcel in the City , but does not have occupant data . Certain vendors have access
to occupant information and can provide delivery to every address on every parcel
within the 500-foot radius of the project site. The City Council directed staff to prepare a
resolution that would require noticing t o all occupants (in addition to the property
owners) and to uti lize an outside company to provide the additional noticing .
Findings :
The attached resolution req ui res t hat a not ice of public hearing be sent to all addresses
within 500 feet of a proposed project s ite. City staff will cont inue to provide t he notice of
public hearing to the property owne rs and arrange for the newspaper notice as requ ired
by the PMC . Staff will seek proposals f rom vendors qua lified to prov ide the additional
mailed notice to all occupant s wi t hin the same 500-foot radius .
Staff research done to date indicates that vendors will provide the City with a
certification of the mailing . The certification wou ld include a list of the addresses that
received a notice. After paying for the initial mailing , the list could be reused by the City
for future mailings on the project. When a project includes a neighborhood meeting as
an early step in the review process , the City would use the mailing company to provide
notice of the neighborhood meeting . The City would then use the same mailing list to
send the notice of the p ub lic heari ng and on ly pay once for the list.
As discussed at the February workshop , some property owners wi ll receive two notices .
If the owner of a property within 500 feet of a project site lives at that property they will
receive one notice (as the property owner) from the City and one notice (as the
occupant) from the mailing company .
Because of the t ime involved wit h an RFP process , the expanded notice w ill beg in next
fiscal year (Ju ly 2014). T he estimated cost of the addit ional noticing will be reflected in
the Development Services Department FY 14/15 budget. The City wi ll continue to
collect the $225 fee from applicants with projects that require a public hearing to cover
the costs of the pub l ic noticing required by the PMC (mailed notice to the property
owners and a posting in the newspaper). There will be no additional fee for the added
notice to occupants .
It was suggested at the February workshop that if the additional public notice is
implemented , it should be revisited in one year to assess the cost and effectiveness.
This is included in the attached resolution .
2 of5 April15, 2014 Item# 4.1
Adoption of a Resolut ion Requiri ng Additiona l Public Noticing for Public Hearings
April 15 , 20 14
Page 3
Fiscal Impact:
T he cost of the additional noticing for a p roject will vary depending on the size of the
mailing , but is anticipated to average approximately $300 . It is estimated that based on
an average of 25 public hearings per year, the annual cost will be app roximately $7 ,500 ,
which will be paid by the Genera l Fund . T he appropriation to implement the additional
noticing requirement is to be incl uded in the FY 14/15 proposed budget.
Envi ronmental Review:
Th is item is not subject to CEQA review
Public Notification:
None
Attachment: Resolution
3 of5 April15, 2014 Item# 4.1
RESOLUTION NO. 14-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING
A POLICY TO INCREASE PUBLIC NOTICING FOR PUBLIC HEARINGS
WHEREAS, the Poway Municipal Code requires public noticing for certain classes
of land use and zoning actions through the mailing of notices to owners of real property;
and
WHEREAS, the Poway City Council recognizes that certain residents residing and
working in the City do not own the property where they reside or conduct business, the
result of which is that notices of land use and zoning actions might not reach them; and
WHEREAS, the Poway City Council believes it is important that the City undertake
reasonable efforts to notify its residents and business owners of important land use and
zoning actions that might affect them; and
WHEREAS, the Poway City Council has determined that it is appropriate to
establish a policy to increase the public noticing required for public hearings by making
reasonable efforts to include the occupants of every address within 500 feet of a proposed
project site; and
WHEREAS, the Poway City Council considered public noticing requirements on
October 15, 2013, and directed staff to research the matter; and
WHEREAS, on February 4, 2014, the Poway City Council held a public workshop to
discuss options for implementing additional public notice for public hearings; and
WHEREAS, a public hearing was held on April15, 2014, allowing public comment
on the proposed additional public noticing policy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The foregoing recitals are true and correct and the City Council so
finds and determines.
Section 2: This item is not subject to review under the California Environmental
Quality Act (CEQA).
Section 3: For projects that require a public hearing, every reasonable effort
consistent with this Resolution shall be used in an effort to mail public notices to the
occupants of every address within 500 feet of the proposed project site. This shall be in
addition to the notice provided to all property owners within 500 feet of the project site,
which is required by state laws and Poway ordinances.
Section 4: The provision of public notices to occupants within 500 feet of a project
site shall be provided by a private company to be determined through a Request For
Proposals.
4 of 5 April15, 2014 Item# 4.1
Resolution No.
Page 2
Section 5: The cost of providing notice to occupants within 500 feet of a project
site will be borne by the City.
Section 6: The City Council hereby declares that this policy is intended to
encourage greater awareness of proposed land use and zoning actions, but not to
establish new legal requirements; therefore neither the failure of any occupant of any
property within 500 feet of a project to actually receive notice, nor the failure of City staff to
include an address in the listing of addresses of occupants to receive notice contemplated
by this Resolution, shall be grounds for the delay, continuance, or denial of the application,
permit, or other action, which is the subject of the notice.
Section 7: The public noticing requirement discussed herein shall be reviewed
one year after implementation.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 151h day of April, 2014.
ATTEST:
Sheila R. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
Don Higginson, Mayor
I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of
perjury that the foregoing Resolution No. 14-*** was duly adopted by the City Council at a
meeting of said City Council held on the 15th day of April2014, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
5 of5
Sheila R. Cobian, CMC, City Clerk
City of Poway
April15, 2014 Item# 4.1
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Poway, a Municipal
Corporation, and Daniel Singer
1. Parties and Date
This Agreement is dated April _, 2014, and is effective as of May 31, 2014, by and
between the City of Poway, California, a municipal corporation (the "City"), and Daniel
Singer, an individual (the "City Manager").
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills and expertise
to serve as the City's City Manager;
C. The City Council of the City (the "City Council") desires to employ the City
Manager to serve as the City Manager of City;
D. The Parties desire to execute this Agreement pursuant to the authority of and
subject to the provisions of Government Code Section 53260 et seq.; and
E. In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as
provided in this Agreement.
2. Employment
The City hereby employs the City Manager as its City Manager, and the City Manager
hereby accepts such employment.
3. Commitments and Understandings
2 of 15
A. The City Manager's Commitments
(1) Duties & Authority
(a) The City Manager shall be the Chief Executive Officer of the City
and be responsible to the City Council for the proper
administration of all affairs of the City.
(b) The City Manager shall perform all of the duties of the City
Manager as set forth in Section 2.08.070 of the Poway Municipal
Code (the "Municipal Code"), the California Government Code,
and City policies and procedures approved by the City Council, as
may be provided from time to time.
(c) The City Council has designated and may also designate the City
Manager as the chief executive of other City-related legal entities.
Such other legal entities include the Poway Housing Authority; the
City in its capacity of successor agency to the former
Attachment A
Page 1 of 14
April15, 2014, Item #4.2
3 of 15
Redevelopment Agency of the City of Poway; the City's financing
authority; and its joint powers authorities.
(d) To accomplish this, the City Manager shall have the power and be
required to:
(i) Attend all meetings of the City Council, unless excused by
the Mayor, and take part in the discussion of all matters
before the City Council.
(ii) Review all agenda documents before preparing the
agenda for any regular or special meetings of the City
Council.
(iii) Direct the work of all appointive City officers and
departments that are the concern and responsibility of the
City Council, except those that are directly appointed by or
report directly to the City Council. The City Manager may
undertake any study or investigation that is necessary or
desirable, or as directed by the City Council. The City
Manager shall endeavor to implement changes that the
City Manager believes will result in greater efficiency,
economy, or improved public service in the administration
of City affairs.
(iv) Recommend to the City Council adoption of such
measures as the City Manager may deem necessary or
expedient for the health, safety, or welfare of the
community or for the improvement of administrative
services.
(v) Consolidate or combine offices, positions, departments, or
units under the City Manager's jurisdiction. The City
Manager may be the head of one or more City
departments.
(vi) Conduct research in administrative practices in order to
bring about greater efficiency and economy in City
government, and develop and recommend to the City
Council long-range plans to improve City operations and
prepare for future City growth and development.
(vii) Provide management training and develop leadership
qualities among department heads and staff as necessary
to build a City management team that can plan for and
meet future challenges.
(viii) Exercise control of City government in emergencies as
authorized by the Municipal Code and California law.
Page 2 of 14
April 15, 2014, Item #4.2
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(2) Hours of Work
(a) The City Manager is an exempt employee without set hours of
work, but is expected to be available at all times and to engage in
those hours of work that are necessary to fulfill the obligations of
the City Manager's position.
(b) The City Manager shall spend sufficient hours on site to perform
the City Manager's duties; however, the City Manager has
discretion over the City Manager's work schedule and work
location.
(3) Disability or inability to perform
In the event the City Manager becomes mentally or physically incapable
of performing the City Manager's functions and duties with reasonable
accommodation and it reasonably appears such incapacity will last for
more than six months, the City Council may terminate the City Manager.
If the City Council does elect to terminate the City Manager due to
incapacity, the City Manager shall receive all severance benefits provided
in Section 6(C) below.
B. City Commitments
(1) The City shall provide the City Manager with the compensation,
incentives and benefits, specified elsewhere in this Agreement.
(2) The City shall provide the City Manager with office space, staff,
equipment, supplies, automobile allowance, and all other facilities and
services adequate for the performance of the City Manager's duties.
(3) The City shall pay for or provide the City Manager reimbursement for all
actual business expenses. The City shall provide the City Manager a
credit card to charge appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf
of the City Manager for participation in national, regional, state, or local
associations and organizations, as necessary and desirable for the good
of the City, and for the City Manager's continued professional
participation and advancement.
(5) The City agrees to pay the travel and subsistence expenses of the City
Manager for purposes such as official functions, meetings, occasions,
short courses, institutes and seminars that are necessary for the good of
the City or for the professional development of the City Manager.
(6) The City shall provide a monthly technology allowance of $150 which
reimburses City Manager's technology expenses such as computer,
laptop computer, high-speed internet access, cellular phone, pager or
similar devices.
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April15, 2014, Item #4.2
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(7) The City shall provide City Manager with a temporary housing allowance
for temporary housing located within the City, in the amount of $2,500 per
month, for an initial period of up to three (3) months. If the City Manager
does not secure permanent housing within the initial three (3) months,
City Council may approve an extension of the temporary housing
allowance for up to three (3) additional months. All applicable IRS
regulations will apply to this temporary benefit.
(8) The City shall pay up to $7,500 toward the actual costs incurred for
packing and moving from Ojai, California, to San Diego County, or such
amount in excess of $7,500 as may be approved by the City Council as
reflected in receipts for the actual services to pack and move the City
Manager's household furniture and goods to San Diego County.
C. City Council Commitments
(1) The City Council sets policy for the governance and administration of the
City, and it implements its policies through the City Manager.
(2) Except for the purpose of inquiry, the City Council and its members shall
deal with all subordinate City employees, officers, contractors, and
consultants solely through the City Manager or the City Manager's
designee, and neither the City Council nor any member thereof shall give
orders to any subordinate of the City Manager, either publicly or privately.
(3) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under
the supervision and control of the City Manager.
(4) The City Council agrees that any criticism of a City staff member shall be
done privately through the City Manager.
(5) Neither the City Council nor any of its members shall interfere with the
execution of the powers and duties of the City Manager. The City
Manager shall take orders and instructions from the City Council only
when it is sitting as a body in a lawfully held meeting.
D. Mutual Commitments
(1) Performance Evaluation
(a) The City Council recognizes that for the City Manager to respond
to its needs and to grow in the performance of the City Manager's
job, the City Manager needs to know how the City Council
members evaluate the City Manager's performance. To assure
that the City Manager gets this feedback, the City Council shall
evaluate the City Manager's performance not later than the 90 1h
day after the effective date of this Agreement, and quarterly
thereafter for the first year of his employment. Thereafter the City
Council shall conduct an evaluation of the City Manager's
Page 4 of 14
April15, 2014, Item #4.2
performance at least once each year, and/or when it deems
necessary to discuss any concerns or direction in performance.
(b) The City Council. and City Manager shall jointly define goals and
performance objectives which they deem necessary for the proper
operation of the City in the attainment of the City Council's policy
objectives, and shall establish the relative priority among the
various goals and objectives.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that the City Manager is committed to
the ideals of the International City Management Association
("ICMA"). The Parties mutually desire that the City Manager be
subject to and comply with the ICMA Code of Ethics (Attachment
A).
(b) The City Manager commits to comply with the ICMA Code of
Ethics.
(c) The City and the City Council agree that neither the City Council
nor any of its members will give the City Manager any order,
direction, or request that would require the City Manager to violate
the ICMA Code of Ethics.
4. COMPENSATION
The City agrees to provi9e the following compensation to the City Manager during the
term of the agreement:
A. Compensation & Required Employer Costs
(1) Base Salary
(a) (1) The annual base salary for the position of City Manager
shall be $219,950. This salary will be increased at the same time
and amount as that of other Poway management employees.
Unless the City of Poway's compensation philosophy is amended
by a majority of the City Council the salary of the City Manager
shall be no less than the bottom of the top third (number six) of
City Managers in San Diego County, effective July 1 of each year.
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(2) If the City Manager receives a favorable review following
the first quarterly performance evaluation, as described in Section
3(0)(1 )(a) of this Agreement, the City Council agrees to increase
the annual salary by 2. 75% effective the 91 st day of his
employment. This initial salary increase is in lieu of any salary
increase given to the Management/Confidential Group 1 on or
about the first pay period in July, 2014. Following this first salary
increase the City Manager's base salary shall thereafter be
Page 5 of 14
April15, 2014, Item #4.2
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adjusted at the same time, and in the same percentages, to match
that which is provided to the Management/Confidential Group 1.
(b) The City Manager shall be paid at the same intervals and in the
same manner as regular City employees; in the event that there
are more than twenty-six pay periods in a calendar year the
periodic payments shall be adjusted accordingly so that the salary
shall not exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement
reduce the base salary, compensation or other financial benefits
of the City Manager, unless as part of a general City management
salary reduction, and then in no greater percentage than the
average reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable),
including Medicare.
(b) Unemployment Compensation.
(c) Public Employees Retirement System (PERS).
The City contracts with the California Public Employees'
Retirement System for retirement benefits. The City will pay the
City's share, and the City Manager shall pay the employee's share
(e.g., 7%), for participation in PERS.
(d) The cost of any fidelity or other bonds required by law for the City
Manager.
(e) The cost to defend and indemnify the City Manager as provided in
Section ?(F) below.
(f) Workers Compensation.
B. Basic Benefits
(1) Holidays
The City Manager is entitled to those paid holidays in accordance with the
prov1s1ons of the Salary and Benefit Plan for the
Management/Confidential Group 1.
(2) Leave Allowance
(a) The City Manager shall receive the same vacation and sick leave
accrual and benefits as provided to the Group 1 Management
class of City employees. The City Manager shall be paid for any
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April15, 2014, Item #4.2
unused accrued vacation upon either voluntary or involuntary
termination of employment.
(b) The City Manager shall be provided with 80 hours of vacation
leave credit effective upon the execution of this Agreement. The
City Manager shall also continue accruing vacation at a rate of
7.662 hours per bi-weekly pay period beginning with the next full
pay period, and for each subsequent pay period thereafter,
following the effective date of this Agreement.
(c) The City Manager shall be entitled to executive leave per year in
accordance with the provisions of the Salary and Benefit Plan for
the Management/Confidential Group 1.
(3) Automobile
The City Manager shall be provided a monthly automobile allowance of
$633.33 in exchange for making a vehicle available for the City
Manager's own use and for City-related business and/or functions during,
before and after normal work hours. The City Manager is not precluded
from using City vehicles for City business during, before, and after the
normal workday on occasion, when appropriate.
(4) Benefits that Accrue to Other Employees
The City Manager shall be entitled to all benefits, rights, and privileges
accorded to non-public safety City Department Directors except as
otherwise provided in this Agreement. If there is any conflict between this
Agreement and any resolution fixing compensation and benefits for non-
public safety City Executive Management employees or other non-
classified employees, this Agreement shall control.
5. SECURITY
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A. Pensions
(1) Public Employees Retirement System (PERS)
For the purposes of PERS reporting, the City shall incorporate into the
reported base pay as compensation earnable, but only to the extent, if
any, that PERS will consider it to be compensation earnable, the Section
4.A(1) base pay.
(2) Pre-Retirement Optional Settlement 2 Death Benefit
This benefit will be provided by the City.
Page 7 of 14
April15, 2014, Item #4.2
(3)
(a)
Deferred Compensation
Section 457 Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution that is calculated at 90% of the
maximum contribution allowed by the Internal Revenue Code and
its related regulations (excluding any age-related and ."catch-up"
provisions that are now or may in the future become applicable)
into a qualified Section 457 Plan from one of the City approved
plans as selected by the City Manager. Amounts contributed
under this section shall be to the benefit of the City Manager in
accordance with the Deferred Compensation Plan participation
agreement. As of the date of this Agreement the maximum
contribution is $17,500; therefore the initial annual contribution will
be $15,750.
(b) Section 401(a) Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution of $6,000 into an Internal Revenue
Code Section 401 (a) account.
(c) Internal Revenue Code Compliance
All provisions of this Section 5(A) are subject to the provisions and
limitations of the Internal Revenue Code and its related
regulations as amended from time to time. No requirement of any
provision of this Section 5(A) shall be effective if it would violate
any provision of the Internal Revenue Code or its related
regulations.
B. Insurance
(1) Disability Insurance
Long Term Insurance is provided.
6. SEPARATION
A. Resignation/Retirement
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The City Manager may resign at any time and agrees to give the City at least 45
days' advance written notice of the effective date of the City Manager's
resignation, unless the Parties otherwise agree in writing. If the City Manager
retires from full time public service with the City, the City Manager may provide
six months' advance notice. The City Manager's actual retirement date will be
mutually established.
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April15, 2014, Item #4.2
B. Termination & Removal
(1) Manager is an at-will employee serving at the pleasure of the City Council
as provided in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, either with or
without cause, by a majority vote of its members. Notice of termination
shall be provided to the City Manager in writing. The City Council may
also elect not to renew this Agreement. Notice of nonrenewal shall also
be provided to the City Manager in writing. The City Council understands
that termination or nonrenewal of employment without cause could result
in an adverse financial impact not completely mitigated by any severance
compensation as provided in this Agreement. Therefore, the City Council
agrees that if termination or nonrenewal is made without cause it shall
provide not less than nine (9) months' notice of termination to the City
Manager. If the City Council elects not to renew this Agreement the City
Council agrees that it shall convene a meeting to evaluate the City
Manager's performance at its next regularly scheduled meeting or a
special meeting, but in no event later than fifteen (15) days after notice of
nonrenewal is delivered to the City Manager. If the City Manager resigns
after receiving notice of termination, or notice of nonrenewal, the
resignation shall be considered "involuntary" as described in Section 6(0)
of this Agreement. Termination as used in this section shall also include
a request that the City Manager resign, a reduction in salary or other
financial benefits of the City Manager (excluding a general City
Management salary reduction), a material reduction in the powers and
authority of the City Manager, or the elimination of the City Manager's
position. Any such notice of termination or act constituting termination
shall be given at or effectuated at a duly noticed regular meeting of the
City Council.
(3) As provided in Municipal Code Section 2.08.090, the City Manager shall
not be terminated during the 90-day period following any City election for
membership on the City Council.
C. Severance Pay
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(1) In the event the City Manager is terminated by the City Council during
such time that the City Manager is willing and able to perform the City
Manager's duties under this Agreement, then in that event the City agrees
to pay the City Manager a lump sum cash payment equal to the lesser of
(a) the actual number of months' salary remaining and benefits on the
current term of employment, and (b) twelve (12) months' base salary and
benefits then in effect as provided in Section 4(A) above. It is the
intention of the parties that this paragraph complies with the requirements
of Government Code Section 53260 et seq. In the event of any conflict
between this provision and those code sections, the terms of those code
sections shall govern the contractual relationship between the employer
and employee.
Page 9 of 14
April 15, 2014, Item #4.2
(2) In addition, the City shall extend to the City Manager the right to continue
health insurance as may be required by and pursuant to the terms and
conditions of the Consolidated Omnibus Budget Reconciliation Act of
1986 (COBRA).
(3) In the event the City refuses, following written notice of non-compliance,
to comply with any provision in this Employment Agreement benefiting the
City Manager, or the City Manager resigns following a suggestion,
whether formal or informal, by a majority of the City Council that the City
Manager· resign, then, in that event, the City Manager may, at the City
Manager's option, be deemed to be "terminated" as of the date of such
refusal to comply or suggestion to resign and this severance pay
provision shall be actuated.
(4) All payments required under this Section 6 are subject to and shall be
interpreted to comply with the limitations set forth in Government Code
Section 53260.
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority of the City Council
informally asks the City Manager to resign, then the City Manager shall
be entitled to resign and still receive the severance benefits provided in
Section 6.C above.
(2) The City Manager has relied upon the provisions of the Municipal Code
upon entering into this Agreement, as it pertains to the City Manager's
role, powers, duties, authority, responsibilities, compensation, and
benefits. In the event the City Council adds, deletes· or amends the
Municipal Code without the consent of the City Manager, and such
addition, deletion or amendment is inconsistent with the terms of this
Agreement and the City Manager's role, powers, duties, authority,
responsibilities, compensation and benefits as currently provided, then
the City Manager shall have the right, at the City Manager's sole option,
to give the City Council notice that such amendment(s) constitute a
request by the City Council for the City Manager's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have thirty days in
which to do one of the following: (a) rescind the amendment(s); (b)
renegotiate this Agreement to the City Manager's satisfaction; (c) confirm
that 'the City Manager is being asked to involuntarily resign; or (d) take no
action. In the event that either (c) or (d) occurs, or the City is unable to
accomplish (b), then the City Manager is entitled to resign and still receive
the severance benefits provided in Section 6(C) above.
E. Separation for Cause
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( 1) Notwithstanding the provisions of Section 6(C), the City Manager may be
terminated for cause. As used in this section, "cause" shall mean only
one or more the following:
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April15, 2014, Item #4.2
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral
turpitude or personal gain;
(c) Continued abuse of non-prescription drugs or alcohol that
materially affects the performance of the Manager's duties;
(d) Any act constituting a knowing and intentional violation of the
City's conflict of interest code; or
(e) Repeated and protracted unexcused absences from the City
Manager's office and duties;
(2) In the event the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall
be entitled to only the compensation accrued up to the date of
termination, payments required by Section 6(F) below, and such other
termination benefits and payments as may be required by law. The City
Manager shall not be entitled to any severance benefits provided by
Section 6(C).
(3) If the City Manager is terminated for cause, and "cause" meets the
definition of "abuse of office or position," as defined in Government Code
section 53243.4, the provisions of Government Code sections 53243
through 53243.4 shall apply and prevail over any contrary terms and
conditions of this Agreement.
F. Payment for Unused Leave Balance
(1) On separation from City employment, the -City Manager shall be paid for
all unused accrued leave allowances provided in Section 4(8)(2) above in
accordance with the current salary and benefits plan for
Management/Confidential Group 1 employees. Accumulated leave
balances shall be paid at the City Manager's monthly base salary rate at
the effective date of separation.
(2) In the event the City Manager dies while employed by the City under this
Agreement, the City Manager's beneficiaries or those entitled to the City
Manager's estate, shall be entitled to the City Manager's earned salary,
and any in-lieu payments for accrued benefits, including compensation for
the value of all accrued leave balances.
G. Joint Statements of Separation In the event of resignation or retirement of
the City Manager, termination by the City (with or without cause), or other
separation of employment as described in the Section 6, the City and the City
Manager agree that neither any member of the City Council, or the City's
management staff, nor the City Manager, shall make any written, oral or
electronic statement to any member of the public, the press, or any City
employee concerning the City Manager's termination or separation, except in the
form of a joint press release or statement, the contents of which is mutually
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12 of 15 April15, 2014, Item #4.2
agreeable to both the City and the City Manager. The joint press release or
statement shall not contain any text or information that is disparaging to either
Party. Either Party may verbally repeat the substance of this Section 6(G), and
the joint press release or statement, in response to any inquiry.
7. MISCELLANEOUS PROVISIONS
A. Term
The initial term of this Agreement shall be for a period of thirty-six (36) months
beginning May 31, 2014 and continuing until12:00 p.m. May 31, 2017 (the "initial
Termination Date").
B. Subsequent Terms
Unless the City gives the City Manager written notice of non-renewal at least nine
(9) calendar months prior to the initial Termination Date or the termination date of
any Renewal Term (as here'inafter defined) this Agreement may be renewed by
the parties for one or more additional terms of up to three (3) years each, each
renewal term to be reflected by a written amendment signed by the parties. If the
parties cannot mutually agree to the term of any renewal this Agreement shall
continue in effect for automatic renewals of one (1) year each (whether renewed
by amendment or renewed by operation of this Section each, a "Renewal Term").
C. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City
Manager's termination of employment with the City, including but limited to
Sections 6 and ?(E). These sections, and the others so intended, shall survive
termination of employment and termination of this Agreement.
D. Amendments
This Agreement may be amended at any time by mutual agreement of the City
and the City Manager. Any amendments are to be negotiated, put in writing, and
adopted by the City Council.
E. Conflict of Interest
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(1) The City Manager shall not engage in any business or transaction or have
a financial or other personal interest or association, direct or indirect,
which is in conflict with the proper discharge of official duties or would
tend to impair independence of judgment or action in the performance of
official duties.
(2) The City Manager shall also be subject to the conflict of interest
provisions of the California Government Code and any conflict of interest
code applicable to the City Manager's City employment.
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April 15, 2014, Item #4.2
(3) The City Manager is responsible for submitting to the City Clerk the
appropriate Conflict of Interest Statements at the time of appointment,
annually thereafter, and at the time of separation from the position.
F. Indemnification
(1) To the full extent of the law, the City shall defend and indemnify the City
Manager, in his capacity as City Manager, and as the chief executive of
other City-related legal entities as provided in Section 3(A)(1)(c) above,
against and for all losses sustained by the City Manager in direct
consequences of the discharge of the City Manager's duties on the City's
behalf for the period of the City Manager's employment, save and except
those losses sustained as a result of the willful act or omission of the City
Manager, including any "abuse of office or position," as described in
Section 6(E)(4) of this Agreement.
(2) The City shall defend, save harmless and indemnify the City Manager
against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of the City Manager's duties as
City Manager. The City may compromise and settle any such claim or
suit and pay the amount of any settlement or judgment rendered thereon.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of the City Manager's duties, the City shall provide defense
counsel for the City Manager in such suit and indemnify the City Manager
from any judgment rendered against the City Manager; provided that such
indemnity shall not extend to any judgment for damages arising out of any
willful wrongdoing. This indemnification shall extend beyond termination
of employment and the otherwise expiration of this Agreement to provide
protection for any such acts undertaken or committed in the City
Manager's capacity as City Manager, regardless of whether the notice of
filing of a lawsuit occurs during or following employment with the City.
This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies that the City Manager
may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the City Manager, while
acting within the scope of the City Manager's duties, from all claims,
losses and liabilities arising out of or incident to activities or operations
performed by or on behalf of the City or any party affiliated with or
otherwise claiming under or through it, regardless of any prior,
concurrent, or subsequent active or passive negligence by the City
Manager.
G. Severability
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If any clause, sentence, part, section, or portion of this Agreement is found by a
court of competent jurisdiction to be illegal or unenforceable, such clause,
sentence, part, section, or portion so found shall be regarded as though it were
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April 15, 2014, Item #4.2
not part of this Agreement and the remaining parts of this Agreement shall be
fully binding and enforceable by the Parties hereto.
H. Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have
the same powers, rights and responsibilities as a Chief Executive Officer, City
Administrative Officer, Administrator, and City Administrator as those terms are
used in local, state or federal laws.
I. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of
California, and the Parties agree that venue shall be in San Diego County,
California.
J. Entire Agreement
This Contract represents the entire agreement of the Parties, and no
representations have been made or relied upon except as set forth herein. This
Contract may be amended or modified only by a written, fully executed
agreement of the Parties.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and
year first above written.
CITY OF POWAY CITY MANAGER
By: _____________ _ By: _____________ _
Don Higginson, Mayor Daniel Singer
ATTEST:
By: ______________ _
Sheila Cobian, City Clerk
APPROVED AS TO FORM:
By: _____________ _
Morgan L. Foley, City Attorney
Page 14 of 14
15 of 15 April15, 2014, Item #4.2
City Manager Employment Agreement
April 15, 2014
Page2
(with a favorable review) for a 2.75% salary increase at that time.
o An auto allowance of $7,600 annually.
o The City will provide $15,750 annually in a 457 deferred compensation plan, and
$6,000 annually in a 401 (a) deferred compensation plan. These amounts are
subject to change in future years as set forth in the terms of the Agreement.
• Reimbursement of relocation expenses not to exceed $7,500 for Mr. Singer to
relocate his household from Ojai to Poway. If actual expenses exceed $7,500
the City Council may approve reimbursement of the additional amount.
o Temporary housing allowance of $2,500 per month for three months while Mr.
Singer seeks permanent housing in the area. He could seek up to an additional
three months' allowance if he is unable to secure permanent housing in the first
90 days.
Fiscal Impact:
The salary and benefits under the proposed City Manager Employment Agreement are
less than that of the previous City Manager, so there are sufficient funds available in this
fiscal year's budget. The Fiscal Year 2014-15 budget will reflect appropriate salary and
benefit costs for the City Manager's division when presented to Council in June.
Environmental Review:
This item is not subject to CEQA review.
Public Notification:
A copy of this report has been provided to Mr. Daniel Singer and to Ms. Teri Black-
Brann of Teri Black & Associates LLC.
Attachment A: City Manager Employment Agreement
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CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Poway, a Municipal
Corporation, and Daniel Singer
1. Parties and Date
This Agreement is dated April _, 2014, and is effective as of May 31, 2014, by and
between the City of Poway, California, a municipal corporation (the "City"), and Daniel
Singer, an individual (the "City Manager'').
A. The City requires the services of a City Manager.
B. The City Manager has the necessary education, experience, skills and expertise
to serve as the City's City Manager;
C. The City Council of the City (the "City Council") desires to employ the City
Manager to serve as the City Manager of City;
D. The Parties desire to execute this Agreement pursuant to the authority of and
subject to the provisions of Government Code Section 53260 et seq.; and
E. In consideration of these Recitals and the performance by the Parties of the
promises, covenants, and conditions herein contained, the Parties agree as
provided in this Agreement.
2. Employment
The City hereby employs the City Manager as its City Manager, and the City Manager
hereby accepts such employment.
3. Commitments and Understandings
A. The City Manager's Commitments
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(1) Duties & Authority
(a) The City Manager shall be the Chief Executive Officer of the City
and be responsible to the City Council for the proper
administration of all affairs of the City.
(b) The City Manager shall perform all of the duties of the City
Manager as set forth in Section 2.08.070 of the Poway Municipal
Code (the "Municipal Code"), the California Government Code,
and City policies and procedures approved by the City Council, as
may be provided from time to time.
(c) The City Council has designated and may also designate the City
Manager as the chief executive of other City-related legal entities.
Such other legal entities include the Poway Housing Authority; the
City in its capacity of successor agency to the former
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Attachment A April 15, 2014 Item # 4.2
4 of 16
Redevelopment Agency of the City of Poway; the City's financing
authority; and its joint powers authorities.
(d) To accomplish this, the City Manager shall have the power and be
required to:
(i) Attend all meetings of the City Council, unless excused by
the Mayor, and take part in the discussion of all matters
before the City Council.
(ii) Review all agenda documents before preparing the
agenda for any regular or special meetings of the City
Council.
(iii) Direct the work of all appointive City officers and
departments that are the concern and responsibility of the
City Council, except those that are directly appointed by or
report directly to the City Council. The City Manager may
undertake any study or investigation that is necessary or
desirable, or as directed by the City Council. The City
Manager shall endeavor to implement changes that the
City Manager believes will result in greater efficiency,
economy, or improved public service in the administration
of City affairs.
(iv) Recommend to the City Council adoption of such
measures as the City Manager may deem necessary or
expedient for the health, safety, or welfare of the
community or for the improvement of administrative
services.
(v) Consolidate or combine offices, positions, departments, or
units under the City Manager's jurisdiction. The City
Manager may be the head of one or more City
departments.
(vi) Conduct research in administrative practices in order to
bring about greater efficiency and economy in City
government, and develop and recommend to the City
Council long-range plans to improve City operations and
prepare for future City growth and development.
(vii) Provide management training and develop leadership
qualities among department heads and staff as necessary
to build a City management team that can plan for and
meet future challenges.
(viii) Exercise control of City government in emergencies as
authorized by the Municipal Code and California law.
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April 15, 2014 Item # 4.2
(2) Hours of Work
(a) The City Manager is an exempt employee without set hours of
work, but is expected to be available at all times and to engage in
those hours of work that are necessary to fulfill the obligations of
the City Manager's position.
(b) The City Manager shall spend sufficient hours on site to perform
the City Manager's duties; however, the City Manager has
discretion over the City Manager's work schedule and work
location.
(3) Disability or inability to perform
(a) In the event the City Manager becomes mentally or physically
incapable of performing the City Manager's functions and duties
with reasonable accommodation and it reasonably appears such
incapacity will last for more than six months, the City Council may
terminate the City Manager. If the City Council does elect to
terminate the City Manager due to incapacity, the City Manager
shall receive all severance benefits provided in Section 6(C)
below.
B. City Commitments
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(1) The City shall provide the City Manager with the compensation,
incentives and benefits, specified elsewhere in this Agreement.
(2) The City shall provide the City Manager with office space, staff,
equipment, supplies, automobile allowance, and all other facilities and
services adequate for the performance of the City Manager's duties.
(3) The City shall pay for or provide the City Manager reimbursement for all
actual business expenses. The City shall provide the City Manager a
credit card to charge appropriate and lawful business expenses.
(4) The City agrees to pay the professional dues and subscriptions on behalf
of the City Manager for participation in national, regional, state, or local
associations and organizations, as necessary and desirable for the good
of the City, and for the City Manager's continued professional
participation and advancement.
(5) The City agrees to pay the travel and subsistence expenses of the City
Manager for purposes such as official functions, meetings, occasions,
short courses, institutes and seminars that are necessary for the good of
the City or for the professional development of the City Manager.
(6) The City shall provide a monthly technology allowance of $150 which
reimburses City Manager's technology expenses such as computer,
laptop computer, high-speed internet access, cellular phone, pager or
similar devices.
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April15, 2014 Item# 4.2
(7) The City shall provide City Manager with a temporary housing allowance
for temporary housing located within the City, in the amount of $2,500 per
month, for an initial period of up to three (3) months. If the City Manager
does not secure permanent housing within the initial three (3) months,
City Council may approve an extension of the temporary housing
allowance for up to three (3) additional months. All applicable IRS
regulations will apply to this temporary benefit.
(8) The City shall pay up to $7,500 toward the actual costs incurred for
packing and moving from Ojai, California, to San Diego County, or such
amount in excess of $7,500 as may be approved by the City Council as
reflected in receipts for the actual services to pack and move the City
Manager's household furniture and goods to San Diego County.
C. City Council Commitments
(1) The City Council sets policy for the governance and administration of the
City, and it implements its policies through the City Manager.
(2) Except for the purpose of inquiry, the City Council and its members shall
deal with all subordinate City employees, officers, contractors, and
consultants solely through the City Manager or the City Manager's
designee, and neither the City Council nor any member thereof shall give
orders to any subordinate of the City Manager, either publicly or privately.
(3) The City Council agrees none of its individual members will order the
appointment or removal of any person to any office or employment under
the supervision and control of the City Manager.
(4) The City Council agrees that any criticism of a City staff member shall be
done privately through the City Manager.
(5) Neither the City Council nor any of its members shall interfere with the
execution of the powers and duties of the City Manager. The City
Manager shall take orders and instructions from the City Council only
when it is sitting as a body in a lawfully held meeting.
D. Mutual Commitments
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{1) Performance Evaluation
(a) The City Council recognizes that for the City Manager to respond
to its needs and to grow in the performance of the City Manager's
job, the City Manager needs to know how the City Council
members evaluate the City Manager's performance. To assure
that the City Manager gets this feedback, the City Council shall
evaluate the City Manager's performance not later than the 901h
day after the effective date of this Agreement, and quarterly
thereafter for the first year of his employment. Thereafter the City
Council shall conduct an evaluation of the City Manager's
Page 4 of 14
April15, 2014 Item# 4.2
performance at least once each year, and/or when it deems
necessary to discuss any concerns or direction in performance.
(b) The City Council and City Manager shall jointly define goals and
performance objectives which they deem necessary for the proper
operation of the City in the attainment of the City Council's policy
objectives, and shall establish the relative priority among the
various goals and objectives.
(2) ICMA Code of Ethics
(a) The Parties acknowledge that the City Manager is committed to
the ideals of the International City Management Association
("ICMA"). The Parties mutually desire that the City Manager be
subject to and comply with the ICMA Code of Ethics (Attachment
A).
(b) The City Manager commits to comply with the ICMA Code of
Ethics.
(c) The City and the City Council agree that neither the City Council
nor any of its members will give the City Manager any order,
direction, or request that would require the City Manager to violate
the ICMA Code of Ethics.
4. COMPENSATION
The City agrees to provide the following compensation to the City Manager during the
term of the agreement:
A. Compensation & Required Employer Costs
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(1) Base Salary
(a) (1) The annual base salary for the position of City Manager
shall be $219,950. This salary will be increased at the same time
and amount as that of other Poway management employees.
Unless the City of Poway's compensation philosophy is amended
by a majority of the City Council the salary of the City Manager
shall be no less than the bottom of the top third (number six) of
City Managers in San Diego County, effective July 1 of each year.
(2) If the City Manager receives a favorable review following
the first quarterly performance evaluation, as described in Section
3(0)(1 )(a) of this Agreement, the City Council agrees to increase
the annual salary by 2.75% effective the 91 51 day of his
employment. This initial salary increase is in lieu of any salary
increase given to the Management/Confidential Group 1 on or
about the first pay period in July, 2014. Following this first salary
increase the City Manager's base salary shall thereafter be
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April15, 2014 Item# 4.2
adjusted at the same time, and in the same percentages, to match
that which is provided to the Management/Confidential Group 1.
(b) The City Manager shall be paid at the same intervals and in the
same manner as regular City employees; in the event that there
are more than twenty-six pay periods in a calendar year the
periodic payments shall be adjusted accordingly so that the salary
shall not exceed any amount approved by the City Council.
(c) The City shall not at any time during the term of this Agreement
reduce the base salary, compensation or other financial benefits
of the City Manager, unless as part of a general City management
salary reduction, and then in no greater percentage than the
average reduction of all City department heads.
(2) Required Employer Costs
(a) Federal Insurance Contributions Act (FICA) (if applicable),
including Medicare.
(b) Unemployment Compensation.
(c) Public Employees Retirement System (PERS).
The City contracts with the California Public Employees'
Retirement System for retirement benefits. The City will pay the
City's share, and the City Manager shall pay the employee's share
(e.g., 7%), for participation in PERS.
(d) The cost of any fidelity or other bonds required by law for the City
Manager.
(e) The cost to defend and indemnify the City Manager as provided in
Section ?{F) below.
(f) Workers Compensation.
B. Basic Benefits
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{1) Holidays
The City Manager is entitled to those paid holidays in accordance with the
provisions of the Salary and Benefit Plan for the
Management/Confidential Group 1.
(2) Leave Allowance
(a) The City Manager shall receive the same vacation and sick leave
accrual and benefits as provided to the Group 1 Management
class of City employees. The City Manager shall be paid for any
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April15, 2014 Item# 4.2
unused accrued vacation upon either voluntary or involuntary
termination of employment.
(b) The City Manager shall be provided with 80 hours of vacation
leave credit effective upon the execution of this Agreement. The
City Manager shall also continue accruing vacation at a rate of
7.662 hours per bi-weekly pay period beginning with the next full
pay period, and for each subsequent pay period thereafter,
following the effective date of this Agreement.
(c) The City Manager shall be entitled to executive leave per year in
accordance with the provisions of the Salary and Benefit Plan for
the Management/Confidential Group 1.
(3) Automobile
The City Manager shall be provided a monthly automobile allowance of
$633.33 in exchange for making a vehicle available for the City
Manager's own use and for City-related business and/or functions during,
before and after normal work hours. The City Manager is not precluded
from using City vehicles for City business during, before, and after the
normal workday on occasion, when appropriate.
(4) Benefits that Accrue to Other Employees
The City Manager shall be entitled to all benefits, rights, and privileges
accorded to non-public safety City Department Directors except as
otherwise provided in this Agreement. If there is any conflict between this
Agreement and any resolution fixing compensation and benefits for non-
public safety City Executive Management employees or other non-
classified employees, this Agreement shall control.
5. SECURITY
A. Pensions
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{1) Public Employees Retirement System (PERS)
For the purposes of PERS reporting, the City shall incorporate into the
reported base pay as compensation earnable, but only to the extent, if
any, that PERS will consider it to be compensation earnable, the Section
4.A(1) base pay.
(2) Pre-Retirement Optional Settlement 2 Death Benefit
This benefit will be provided by the City.
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April15, 2014 Item# 4.2
(3)
(a)
Deferred Compensation
Section 457 Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution that is calculated at 90% of the
maximum contribution allowed by the Internal Revenue Code and
its related regulations (excluding any age-related and "catch-up"
provisions that are now or may in the future become applicable)
into a qualified Section 457 Plan from one of the City approved
plans as selected by the City Manager. Amounts contributed
under this section shall be to the benefit of the City Manager in
accordance with the Deferred Compensation Plan participation
agreement. As of the date of this Agreement the maximum
contribution is $17,500; therefore the initial annual contribution will
be $15,750.
(b) Section 401(a) Plan
The City will make, in equal proportionate amounts each pay
period, an annual contribution of $6,000 into an Internal Revenue
Code Section 401 (a) account.
(c) Internal Revenue Code Compliance
All provisions of this Section 5(A) are subject to the provisions and
limitations of the Internal Revenue Code and its related
regulations as amended from time to time. No requirement of any
provision of this Section 5(A) shall be effective if it would violate
any provision of the Internal Revenue Code or its related
regulations.
B. Insurance
(1) Disability Insurance
Long Term Insurance is provided.
6. SEPARATION
A. Resignation/Retirement
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The City Manager may resign at any time and agrees to give the City at least 45
days' advance written notice of the effective date of the City Manager's
resignation, unless the Parties otherwise agree in writing. If the City Manager
retires from full time public service with the City, the City Manager may provide
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April 15, 2014 Item # 4.2
six months' advance notice. The City Manager's actual retirement date will be
mutually established.
B. Termination & Removal
(1) Manager is an at-will employee serving at the pleasure of the City Council
as provided in Government Code Section 36506.
(2) The City Council may remove the City Manager at any time, either with or
without cause, by a majority vote of its members. Notice of termination
shall be provided to the City Manager in writing. The City Council
understands that termination of employment without cause could result in
an adverse financial impact not completely mitigated by any severance
compensation as provided in this Agreement. Therefore, the City Council
agrees that if termination is made without cause it shall provide not less
than nine (9) months' notice of termination to the City ·Manager. If the
City Manager obtains employment in a similar position during the nine (9)
month period following notice, or within thirty (30) days following
termination, he shall not be entitled to severance compensation as
described in Section 6(C), below; otherwise, the nonrenewal of this
Agreement shall be considered an "involuntary resignation," as described
in Section 6(0) of this Agreement. Termination as used in this section
shall also include a request that the City Manager resign, a reduction in
salary or other financial benefits of the City Manager (excluding a general
City Management salary reduction), a material reduction in the powers
and authority of the City Manager, or the elimination of the City Manager's
position. Any such notice of termination or act constituting termination
shall be given at or effectuated at a duly noticed regular meeting of the
City Council.
(3) As provided in Municipal Code Section 2.08.090, the City Manager shall
not be terminated during the 90-day period following any City election for
membership on the City Council.
C. Severance Pay
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(1) In the event the City Manager is terminated by the City Council during
such time that the City Manager is willing and able to perform the City
Manager's duties under this Agreement, then in that event the City agrees
to pay the City Manager a lump sum cash payment equal to twelve (12)
months' base salary and benefits then in effect as provided in Section
4(A) above. It is the intention of the parties that this paragraph complies
with the requirements of Government Code Section 53260 et seq. In the
event of any conflict between this provision and those code sections, the
terms of those code sections shall govern the contractual relationship
between the employer and employee.
(2) In addition, the City shall extend to the City Manager the right to continue
health insurance as may be required by and pursuant to the terms and
conditions of the Consolidated Omnibus Budget Reconciliation Act of
1986 (COBRA).
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April 15, 2014 Item # 4.2
(3) In the event the City refuses, following written notice of non-compliance,
to comply with any provision in this Employment Agreement benefiting the
City Manager, or the City Manager resigns following a suggestion,
whether formal or informal, by a majority of the City Council that the City
Manager resign, then, in that event, the City Manager may, at the City
Manager's option, be deemed to be ''terminated" as of the date of such
refusal to comply or suggestion to resign and this severance pay
provision shall be actuated.
(4) All payments required under this Section 6 are subject to and shall be
interpreted to comply with the limitations set forth in Government Code
Section 53260.
D. Involuntary Resignation
(1) In the event that the City Council formally or a majority of the City Council
informally asks the City Manager to resign, then the City Manager shall
be entitled to resign and still receive the severance benefits provided in
Section 6.C above.
(2) The City Manager has relied upon the provisions of the Municipal Code
upon entering into this Agreement, as it pertains to the City Manager's
role, powers, duties, authority, responsibilities, compensation, and
benefits. In the event the City Council adds, deletes or amends the
Municipal Code without the consent of the City Manager, and such
addition, deletion or amendment is inconsistent with the terms of this
Agreement and the City Manager's role, powers, duties, authority,
responsibilities, compensation and benefits as currently provided, then
the City Manager shall have the right, at the City Manager's sole option,
to give the City Council notice that such amendment(s) constitute a
request by the City Council for the City Manager's involuntary resignation.
(3) Upon receipt of such notice the City Council shall have thirty days in
which to do one of the following: (a) rescind the amendment(s); (b)
renegotiate this Agreement to the City Manager's satisfaction; (c) confirm
that the City Manager is being asked to involuntarily resign; or (d) take no
action. In the event that either (c) or (d) occurs, or the City is unable to
accomplish (b), then the City Manager is entitled to resign and still receive
the severance benefits provided in Section 6(C) above.
E. Separation for Cause
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(1) Notwithstanding the provisions of Section 6(C), the City Manager may be
terminated for cause. As used in this section, "cause" shall mean only
one or more the following:
(a) Conviction of, or no contest plea to, a felony;
(b) Conviction of, or no contest plea to, any illegal act involving moral
turpitude or personal gain;
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April15, 2014 Item# 4.2
(c) Continued abuse of non-prescription drugs or alcohol that
materially affects the performance of the Manager's duties;
(d) Any act constituting a knowing and intentional violation of the
City's conflict of interest code; or
(e) Repeated and protracted unexcused absences from the City
Manager's office and duties;
(2) In the event the City terminates the City Manager for cause, then the City
may terminate this Agreement immediately, and the City Manager shall
be entitled to only the compensation accrued up to the date of
termination, payments required by Section 6(F) below, and such other
termination benefits and payments as may be required by law. The City
Manager shall not be entitled to any severance benefits provided by
Section 6(C).
(3) In the event the City terminates the City Manager for cause, the City and
the City Manager agree that neither Party shall make any written or oral
statements to members of the public or the press concerning the City
Manager's termination except in the form of a joint press release which is
mutually agreeable to both Parties. The joint press release shall not
contain any text or information that would be disparaging to either Party.
Provided, however, that either Party may verbally repeat the substance of
any such press release in response to inquiries by members of the press
or public.
(4) If the City Manager is terminated for cause, and "cause" meets the
definition of "abuse of office or position," as defined in Government Code
section 53243.4, the provisions of Government Code sections 53243
through 53243.4 shall apply and prevail over any contrary terms and
conditions of this Agreement.
F. Payment for Unused Leave Balance
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(1) On separation from City employment, the City Manager shall be paid for
all unused accrued leave allowances provided in Section 4(8)(2) above in
accordance with the current salary and benefits plan for
Management/Confidential Group 1 employees. Accumulated leave
balances shall be paid at the City Manager's monthly base salary rate at
the effective date of separation.
(2) In the event the City Manager dies while employed by the City under this
Agreement, the City Manager's beneficiaries or those entitled to the City
Manager's estate, shall be entitled to the City Manager's earned salary,
and any in-lieu payments for accrued benefits, including compensation for
the value of all accrued leave balances.
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April15, 2014 Item# 4.2
7. MISCELLANEOUS PROVISIONS
A. Term
The initial term of this Agreement shall be for a period of thirty-six (36) months
beginning May 31, 2014 and continuing until12:00 p.m. May 31, 2017 (the "initial
Termination Date").
B. Subsequent Terms
Unless the City gives the City Manager written notice of non-renewal at least nine
(9) calendar months prior to the initial Termination Date or the termination date of
any Renewal Term (as hereinafter defined) this Agreement may be renewed by
the parties for one or more additional terms of up to three (3) years each, each
renewal term to be reflected by a written amendment signed by the parties. If the
parties cannot mutually agree to the term of any renewal this Agreement shall
continue in effect for automatic renewals of one (1) year each (whether renewed
by amendment or renewed by operation of this Section each, a "Renewal Term").
C. Provisions that Survive Termination
Many sections of this Agreement are intended by their terms to survive the City
Manager's termination of employment with the City, including but limited to
Sections 6 and 7(E). These sections, and the others so intended, shall survive
termination of employment and termination of this Agreement.
D. Amendments
This Agreement may be amended at any time by mutual agreement of the City
and the City Manager. Any amendments are to be negotiated, put in writing, and
adopted by the City Council.
E. Conflict of Interest
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(1) The City Manager shall not engage in any business or transaction or have
a financial or other personal interest or association, direct or indirect,
which is in conflict with the proper discharge of official duties or would
tend to impair independence of judgment or action in the performance of
official duties.
(2) The City Manager shall also be subject to the conflict of interest
provisions of the California Government Code and any conflict of interest
code applicable to the City Manager's City employment.
(3) The City Manager is responsible for submitting to the City Clerk the
appropriate Conflict of Interest Statements at the time of appointment,
annually thereafter, and at the time of separation from the position.
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April 15, 2014 Item # 4.2
F. Indemnification
(1) To the full extent of the law, the City shall defend and indemnify the City
Manager, in his capacity as City Manager, and as the chief executive of
other City-related legal entities as provided in Section 3(A)(1)(c) above,
against and for all losses sustained by the City Manager in direct
consequences of the discharge of the City Manager's duties on the City's
behalf for the period of the City Manager's employment, save and except
those losses sustained as a result of the willful act or omission of the City
Manager, including any "abuse of office or position," as described in
Section 6(E)(4) of this Agreement.
(2) The City shall defend, save harmless and indemnify the City Manager
against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of the City Manager's duties as
City Manager. The City may compromise and settle any such claim or
suit and pay the amount of any settlement or judgment rendered thereon.
(3) Whenever the City Manager shall be sued for damages arising out of the
performance of the City Manager's duties, the City shall provide defense
counsel for the City Manager in such suit and indemnify the City Manager
from any judgment rendered against the City Manager; provided that such
indemnity shall not extend to any judgment for damages arising out of any
willful wrongdoing. This indemnification shall extend beyond termination
of employment and the otherwise expiration of this Agreement to provide
protection for any such acts undertaken or committed in the City
Manager's capacity as City Manager, regardless of whether the notice of
filing of a lawsuit occurs during or following employment with the City.
This indemnity provision shall survive the termination of the Agreement
and is in addition to any other rights or remedies that the City Manager
may have under the law.
(4) The City and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the City Manager, while
acting within the scope of the City Manager's duties, from all claims,
losses and liabilities arising out of or incident to activities or operations
performed by or on behalf of the City or any party affiliated with or
otherwise claiming under or through it, regardless of any prior,
concurrent, or subsequent active or passive negligence by the City
Manager.
G. Severability
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If any clause, sentence, part, section, or portion of this Agreement is found by a
court of competent jurisdiction to be illegal or unenforceable, such clause,
sentence, part, section, or portion so found shall be regarded as though it were
not part of this Agreement and the remaining parts of this Agreement shall be
fully binding and enforceable by the Parties hereto.
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April15, 2014 Item# 4.2
H. Laws Affecting Title
In addition to those laws affecting a City Manager, the City Manager shall have
the same powers, rights and responsibilities as a Chief Executive Officer, City
Administrative Officer, Administrator, and City Administrator as those terms are
used in local, state or federal laws.
I. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of
California, and the Parties agree that venue shall be in San Diego County,
California.
J. Entire Agreement
This Contract represents the entire agreement of the Parties, and no
representations have been made or relied upon except as set forth herein. This
Contract may be amended or modified only by a written, fully executed
agreement of the Parties.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and
year first above written.
CITY OF POWAY CITY MANAGER
By: _____________ _ By: _____________ _
Don Higginson, Mayor Daniel Singer
ATTEST:
By: _____________ _
Sheila Cobian, City Clerk
APPROVED AS TO FORM:
By: ____ ---=---=--------
Morgan L. Foley, City Attorney
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16 of 16 April 15, 2014 Item # 4.2
Item# 8.1
Metropolitan Transit Systems (MTS) Board Update (verbal report).