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09-02-14 Agenda PacketAmended August 26, 2014 CITY COUNCIL REGULAR MEETING AGENDA September 2, 2014 -7:00 P.M. City Council Chambers 13325 Civic Center Drive , Poway , CA 92064 THE CITY COUNCIL ALSO SITS AS THE CITY OF POWAY PLA NNING COMMISSION, POWAY HOUSING AUTHORITY, PUBLIC FINANCIN G AUTHORITY AND S UCCE SSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY CALL TO ORDER ROLL CALL Cunningham , Vaus , Mullin , Grosch , Higginson PLEDGE OF ALLEGIANCE Deputy Mayor Grosch PRESENTATIONS Proclamation recognizing Poway Historical and Memorial Society Day . Introduction of the 2014 Miss Poway Court. PUBLIC ORAL COMMUNICATIONS Persons speaking during Public Oral Communications may address the Council on any subject matter w ithin t he Council 's jurisdiction that is not listed as an item on the agenda . State law generally prohibits the Coun cil from taking action on any issue not included on the agenda . Your concerns will be referred to staff. Comments are limited to three (3) minutes. NOTE: The agenda is posted and provided 11 days prior to the City Council meeting. By State law, items can be added up to 72 hours prior to the meeting. Items with a "#"symbol are in preparation. If items are added after original agenda is posted, new items will be listed on an Amended Agenda posted the Friday prior to the meeting. For your convenience, a complete Agenda Packet is available for public review at City Hall and on the City's website at www.poway.org. Page 1 City of Poway -City Council Agenda -September 2, 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 July 21 through July 25, 2014 and July 28 through August 1, 2014. 1.3 Approval of the August 5, 2014 Regular City Council Minutes. 1.4 Award of Contract to United Storm Water, Inc., for Storm Water and Wastewater Spoils Removal, Transport, and Disposal Service; RFP 15-001. 1.5 Award of Bid to J.P. Witherow Roofing Company, the lowest responsive bidder for City Facility Roofing 2014/2015, in the amount of $74,299.00; RFB 15-003. 1.6 Approval of a resolution entitled "A Resolution of the City Council of the City of Poway, California approving a Public Works Mutual Aid Agreement with the County of San Diego for the County of San Diego Operational Area." 1. 7 Approval of a resolution entitled "A Resolution of the City Council of the City of Poway, California establishing a 60-Day Amnesty Period for the processing of temporary water connection approvals for existing unpermitted temporary water connections." 2. ORDINANCE (Ordinance(s) that do not require a Public Hearing) 2.1 None. 3. PUBLIC HEARING 3.1 None. 4. STAFF REPORT 4.1 Request to be a Host Town for the 2015 Special Olympics World Games. City Manager's Recommendation: Approve the request to be a Host Town for the 2015 Special Olympics World Games. Page 2 City of Poway-City Council Agenda-September 2, 2014 4.2 Approval of Property Assessed Clean Energy (PACE) Programs-Expanding Program Participation. City Manager's Recommendation: Adopt a Resolution to participate in the California Home Energy Renovation Opportunity (HERO) PACE Program, join the Western Riverside Council of Governments as an Associate Member and, authorize the City Manager to execute all necessary program documents and agreements; and, Adopt a Resolution to participate in the Figtree Program and authorize the City Manager to execute all necessary program documents and agreements; and, Adopt a Resolution approving Associate Membership in the California Enterprise Development Authority (CEDA); and, Authorize the Mayor to execute the Agreement and any other documents required to join CEDA as an Associate Member; and, Authorize the City Manager to execute the Indemnification Agreement between Renewable Funding LLC in regard to the CaliforniaFIRST program. 4.3 Safety Improvements related to the Intersection of Martincoit Road and Stone Canyon Road. City Manager's Recommendation: 1) Direct staff to restripe the Martincoit Road and Stone Canyon Road intersection approaches, install three W1-8 signs, and install a new flashing beacon with W1-10 sign and vehicle detection; and, 2) Direct staff to install one additional speed limit sign and pavement legend in the northbound direction on Martincoit Road, north of Stone Canyon Road and relocate an existing sign and legend north of Rostrata Road. 5. WORKSHOP 5.1 Workshop on Home Occupation Permit Regulations. City Manager's Recommendation: Provide direction pertaining to Home Occupation Permit Regulations and Fees. 6. CITY MANAGER ITEMS 6.1 CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager Page 3 City of Poway-City Council Agenda-September 2, 2014 7. CITY ATTORNEY ITEMS 8. MAYOR AND CITY COUNCIL-INITIATED ITEMS JIM CUNNINGHAM 8.1 "Hike, Bike and Ride across Poway"-(verbal report). STEVE VAUS 8.2 Water Saving Tips. JOHN MULLIN DAVE GROSCH DON HIGGINSON ADJOURNMENT The Poway City Council welcomes you and encourages your continued interest and involvement in the City's decision-making process. The City of Poway complies with the Americans with Disabilities Act. Upon request this agenda will be made available in appropriate alternative formats to persons with disabilities as required by section 202 of the American with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's Office at 858-668-4530 at least State of California County of San Diego 24 hours before the meeting, if possible. ) ) ss. ) AFFIDAVIT OF POSTING I, Sheila R. Cobian, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as ca/led by the City Council of the City of Poway was posted and provided on August 26, 2014, at 9:30a.m. Said meeting to be held at 7:00p.m., September 2, 2014, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bu/letin Board at the entrance to City Ha/1. ~ ~r{i\? ru }'o..r-s ~ ~ obian, CMC, City Clerk Page4 Item 1.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. 1 of23 APPROVED 0 APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED ____ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. ___ _ September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager SE1J. Scott Edwards, Director of Administrative Services f Andrew White, Finance Manager (jJ;/ Ratification of Warrant Registers for the Periods of July 21 through July 25, 2014 and July 28 through August 1, 2014 The attached warrant register reports for the periods of July 21 through July 25, 2014 and July .28 through August 1, 2014, are submitted to the City Council for ratification/approval. Recommended Action: It is recommended that the City Council ratify/approve the warrant registers for the periods of July 21 through July 25, 2014 and July 28 through August 1, 2014. Background: Weekly registers of audited demands are periodically submitted to the City Council by the Director of Administrative Services for ratification/approval. Findings: Date Amount July 21 through July 25 $1 ,224,304.89 Warrants for amounts in excess of $100,000 for this period include: Warrant August 2014 Medical Insurance Premium Payroll7-11-14, Retirement Payroll 7-25-14 Check Number 00227032 00903122 00903136 Amount $ 209,019.29 $ 143,103.00 $ 470,312.33 September 2, 2014 Item # 1.2 2 of23 Warrant Report September 2, 2014 Page 2 Date July 28 through August 1 Amount $3,162,185.98 Warrants for amounts in excess of $100,000 for this period include: Warrant June 2014 Law Enforcement Services June 2014 Water Purchases Gas & Electric-various meters Payroll 7-25-14, Retirement ·Fiscal Impact: Check Number 00227251 00227252 00227254 00903130 Amount $ 830,092.72 $1,424,515.90 $ 123,248.03 $ 155,167.88 The total amount of warrants for the period of July 21 through July 25, 2014, is $1 ,224,304.89. The total amount of warrants for the period of July 28 through August 1, 2014, is $3,162, 185.98. Environmental Review: This item is not subject to CEQA review. Public Notification: None Attachments: Warrant Register for the period of July 21 through July 25, 2014 Warrant Register for the period of July 28 through August 1, 2014 September 2, 2014 Item# 1.2 w The City of Poway Director of Administrative Services Submits the Following Register of Run Date: 24-Jul-14 0 Demands for the period 712112014-7125/2014 and Recommends its Ratification/Approval: Page: 1 of7 ..... N w Check Number Date Payee/Vendor Invoice Comment Fund Or~n Acct Prog CheckAmt 00227028 25-Jul-14 @00004762 Abcana Industries 947062 Chemicals for Pool 100 0203 4502 400 530.22 947249 Chemicals for Pool 100 0203 4502 400 375.97 947317 Chemicals for Pool 100 0203 4502 400 622.36 Total for Check 00227028 1,528.55 00227029 25-Jul-14 @00002106 Airgas USA, LLC 9029302218 Chemicals for Pool 100 0203 4502 400 304.72 9919581502 Medical oxygen 100 0503 4750 200 535.25 9919581503 Medical oxygen 100 0503 4750 200 1,300.25 Total for Check 00227029 2,140.22 00227030 25-Jul-14 @00000112 American Red Cross 10312287 Facility Fee-Pool 100 0203 4924 400 975.00 00227031 @00004463 Anthem Blue Cross 000397417C Vision Insurance Premium-August 2014 100 87288 26.88 000397417C Vision Insurance Premium-August 2014 100 8728A 2,647.68 Total for Check 00227031 2,674.56 00227032 25-Jul-14 @00004463 Anthem Blue Cross 000307079E Medical Insurance Premiums-August 2014 100 8720C 5,767.26 000307079E Medical Insurance Premiums-August 2014 100 8720A 203,252.03 Total for Check 00227032 209,019.29 00227033 25-Jul-14 @00000152 Aramark Refreshment Services 1244185 Refreshment service 100 0106 4760 100 90.58 1244187 Refreshment service 100 0106 4760 100 149.03 1244188 Refreshment service 100 0106 4760 100 292.48 1244191 Refreshment service 100 0106 4760 100 154.93 Total for Check 00227033 687.02 Cikl227034 25-Jul-14 @00005241 Aramark Uniform Services Inc 588-6736962 Towels and mats for Sta 1 100 0501 4928 200 7.40 1J0227035 @00000171 Art's Trench Plate and K-Rail Service 43367 0404: Trench plates rented I Poway Rd job 510 0404 4936 300 505.40 ~0227036 @00010111 AT&T 5545710 Acct: 8584874205339 (6/6-7/5/14) 264 0422 2200 300 16.35 C" 5545711 858-487-5798 Sta 2 phone 100 0501 3310 200 16.66 CD 5551992 8584860169774 6/10/14-7/9/14 100 .., 0418 2200 300 14.89 N 5552018 858-486~0228 WTP SCADA/911 modem line 510 0402 3310 300 16.71 N 5552025 Vehicle Maint Modem 6/10/14-7/9/14 611 0413 3310 300 16.66 0 "5552036 Library Alarm (858) 513-1785-7/14 100 0206 3310 400 61.28 ..a. ~ 5552039 8585133835180 6/10/14-7/9/14 100 0418 2200 300 16.35 ::; 5552041 8585138221856 6/1.0/14-7/9/14 100 0418 2200 300 16.35 CD 3 5555626 8585134376778 6/10/14-79/14 100 0400 3310 300 60.97 =It Total for Check 00227036 236.22 ..a. l'fkl227037 25-Jul-14 @00010189 Atel Communications 37724 Phone System Mainenance 100 0106 4308 100 4,536.00 ~ Register of Demands Page 2 of 7 0 Warrants From 712112014-7125/2014 -Check N ~umber Date PaJ:.ee/Vendor Invoice Comment Fund OrG.n Acct Pro G. CheckAmt 00227038 25-Jul-14 @00000229 Bainbridge, Susan 6182.100-07.14 Instructor Payment Summer 2014 100 0208 4118 400 3,024.00 00227039 @00004880 Bay City Electric Works Inc W128126 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128141 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128150 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128169 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128208 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128210 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128212 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 209.04 W128336 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128337 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 W128338 FY14 Generator Maintenance/Transfer Switch S510 0402 4120 300 668.94 Total for Check 00227039 6,229.50 00227040 25-Jul-14 @00000287 Bendixen, Suzanne 6/21/14 Reimbursement SO County Inspection of F arme 1 00 0205 5730 400 162.00 CFM0223 Reimbursement for Farmers Market State Cert 100 0205 5730 400 150.00 Total for Check 00227040 312.00 00227041 25-Jul-14 @00011115 Benedetti, Fred SUMCONCTENT7-27 Summer Concert Entertainment 7/27/14 716 7662 4120 400 600.00 00227042 @00004317 BootWor1dlnc 1111902-IN Segovia, Vasquez, Gallego,Avery, Karem 100 0418 4928 300 427.60 1111902-IN Segovia, Vasquez, Gallego,Avery, Karem 211 0411 4928 300 297.51 1111902-IN-A D Dahl: FY15 safety shoes allowance 7/9/14 520 0405 4928 300 170.00 Total for Check 00227042 895.11 00227043 25-Jul-14 @00010463 C.A. Short Company 1035777 Employee Service Awards-Jui-Sept 100 0101 4506 100 969.39 1035921 Employee Service Awards-Jui-Sept 100 0101 4506 100 374.09 Total for Check 00227043 1,343.48 25-Jul-14 @00006901 California Commercial Asphalt, LLC 141167 Water Dist: cold mix stock for repair work 510 0404 4760 300 737.09 @00011130 California State Parks LPDC7/24 & 8/14 LPDC-Cardiff Lifeguard Monitor Fees 7/24 & 81 100 0202 4760 400 480.00 227046 @00005725 CaiSense 039782 Irrigation remote repair 100 0418 4308 300 156.60 :J0227047 @00005556 Cannon Pacific Services, Inc 999236 Shelters -Maintenance Services 1242A 1000P 4120 600 1,399.40 i'0227048 -----Ceballos, Lissa 2008608.001 Class Refund CIT #2935.1 05 100 0202 7626 400 37.00 110227049 @00010348 Chemtrade Chemicals US LLC 90659310 FY 2014/2015 Alum (dry ton) 510 0402 4502 300 3,224.44 -oo227050 @00000519 Childress, Debbora 6182.132.14 Instructor Payment Summer 2014 100 0208 4118 400 1,566.00 ~227051 @00006780 Choice Ticketing Systems 139889 Internet ticketing fee-7/1-7/15/14-PCPA 100 0204 5116 400 24.00 olliliJ227052 @00010170 City Electric Supply POW/009691 WTP: Square D Breakers; blue, brown wiring 510 0402 4760 300 187.73 := l(l227053 @00000539 City Treasurer 1000108166 CY14/1st Qtr (Jan-Mar) recycled water purchas 510 0406 2740 300 74,437.30 ~ 0227054 @00011027 CivicPius 149502 Web Site Development, Deployment and Hostin 100 0104 1712 100 9,123.61 ; 0227055 @00011111 Classic Chrome Revue SUMCONCTENT8-3 Summer Concert Entertainment 8/3/14 716 7662 4120 400 650.00 .Ji0227056 @00010891 Clemmons Vizzard, Julie 6182.140.14 Instructor Payment Summer 2014 100 0208 4118 400 594.00 N 6182.141.14 Instructor Payment Summer 2014 100 0208 4118 400 756.00 Cll Register of Demands Page 3 of 7 0 Warrants From 712112014-7125/2014 ..... N Check %"umber Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog Check Amt 00227057 25-Jul-14 @00006214 Commercial Transportation Services 00227058 @00010175 Corodata Media Storage Inc. 00227059 @00000813 Cox Communications 00227060 00227061 @00000356 Data West Supply Co., Inc. 00227062 @0001 0859 DeHART BACKFLOW 00227063 @00011131 DIR/Cai-OSHA 00227064 @0001 0930 Division of the State Architect 00227065 00227066 00227067 00227068 00227069 00227070 00227071 00227072 00227073 00227074 00227075 qll227076 w "C Ci 3 io227077 ~0227078 N 0 ..a. ~ Ci 3 ~ ..a. N @00010659 DLM Engineering. Inc. @00007007 East Penn Mfg. Co. @00010009 ECORP Consulting Inc. @00005838 ElderHelp of San Diego 25-Jul-14 @00003453 EMS Personnel Fund-Calif. EMS Authority @000 111 00 eScreen Inc. @00001144 Ferguson Waterworks @00000915 Fire Etc. @00004918 First Bankcard Center 25-Jul-14 @00004918 First Bankcard Center Gannon, Lucille @00005909 GovConnection, Inc, 25-Jul-14 -----Hamilton,Linda @00001645 Home Depot Commercial Account 1309 DS1263341 6918601-07/14 109023401-7/14 41289 2745 IMIS 315347005 FY14 QTR4 FEES 814-0707 2890445 73143 JUNE 2014 MAY 2014 P21393-2014 4882200 0481055 63745 09451222 07/14 09451222 07/14 52305721-7/14 2008601.001 51575342 51575600 2008585.001 0223847 1210972 1223983 3211166 4223939 6211080 7211062 7223910 8223901 Total for Check 00227056 1,350.00 Chad Fried: Class A driver training 520 0405 4908 300 600.42 Off Site Tape Storage-June 2014 100 0104 4120 100 143.87 Cable TV-Fire Station 1 -7/08/14-8/07/14 100 0106 2200 100 87.08 Meadowbrook Internet 100 0201 2200 400 115.00 Register Repairs-Pool 100 0203 4308 400 561.00 Replace backflow pipe (Public Reimb.) 263 0421 4120 300 1,295.00 DIR Appeal #13-R3D2-1398 100 0107 5730 100 4,030.00 FY14 S81186 Disability Access Fees Apr-Jun 2 283 8636 165.90 Fire Sprinkler Analysis-Chrome Collision Cntr 100 0305 4122 100 1,350.00 WTP: ESS-12 batteries, sealed 510 0402 4760 300 249.00 Channel Main!. Professional Svc: 6/1/14-6/30/1 231 0412 4120 300 780.00 HomeShare Program oversight and administrati 5961G SOOOP 1799 600 5,902.05 HomeShare Program oversight and administrati 5961G SOOOP 1799 600 5,858.60 Total for Check 00227068 11,760.65 Paramedic license renewal -Smith 100 0503 4908 200 200.00 Pre-employment Drug Tests-June 2014 100 0101 4916 100 512.00 Water Dist: 6x20 SDR35 PVC pipe I Poway Rd j510 0404 4760 300 54.73 Equipment repair 100 0501 4308 200 202.40 Director's Mastercard Statement 275 0470 4326 300 43.22 Director's Mastercard Statement 100 0400 4710 300 46.18 Total for Check 00227073 89.40 June 2014 CSD Credit Card 100 0208 4760 400 1,430.00 CX Class Refund Dance Got Moves Camp #61 100 0208 7625 400 145.00 20 Foot Network Cable 100 0104 4760 100 6.21 HP Monitor-City Manager 611 0108 48228 100 278.20 Total for Check 00227076 284.41 CX Class Refund Dog Obedience #9019.107 100 0208 7471 400 105.00 Water Dis!: 4x4, rope, mise supplies 510 0404 4760 300 138.62 Trash Can Lids-PCPA 100 0204 4304 400 81.69 Water Dist: couplings, PVC lock caps 510 0404 4760 300 53.07 Park maintenance supplies 1 00 0418 4760 300 238.80 Outlet cover 100 0419 4760 300 6.39 Equipment repair 100 0501 4308 200 73.31 Lake supplies 100 0418 4760 300 242.99 Flood halogen lamps 100 0419 4760 300 59.40 Park maintenance supplies 100 0418 4760 300 45.18 en Register of Demands Page 4 of 7 0 Warrants From 7121/2014-7/25/2014 -Check N %"umber Date PaJ:.ee/Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt Total for Check 00227078 939.45 00227079 25-Jul-14 @00001745 Hub Construction Specialties Inc Z05010803 Concrete tools 211 0411 4516 300 532.39 00227080 @00007070 Inland Water Works Supply Co. 265280 Water Dist: (2) 3" MVR350 meters 510 0404 4899 300 2,656.80 00227081 @00005405 John Zeltner Floor Covering Inc. 22943 FS#1: carpet 100 0419 4120 300 450.00 00227082 @00010792 Johnson, Charles LPDC ENT 8-7-14 Lake Poway Day Camp Entertainment-8/7/14 100 0203 4120 400 100.00 00227083 @00001306 JRC Printing LLC 33513 Textbooks for firefighters 100 0501 4924 200 286.42 00227084 @00001341 Kaiser Foundation Health Plan Inc 1 04676-0814 Medical Insurance Premiums-August 2014 100 8720B 46,867.78 104676-0814 Medical Insurance Premiums-August 2014 100 8720C 5,150.96 Total for Check 00227084 52,018.74 00227085 25-Jul-14 @00001518 Liebert Cassidy Whitmore 1389653 Professional Services Rendered June 2014 100 0101 1702B 100 2,763.95 00227086 @00005465 Mad Science of San Diego 6573.1 03-08.14 Instructor Payment Summer 2014 100 0208 4118 400 4,182.00 00227087 @00010539 Mail Dispatch 134013 Mail Courier Service-July 2014 100 0106 4120 100 1,007.04 00227088 @00001716 Meeting Services Inc. 29392 Lighting Equipment Repair-PCPA 100 0204 4308 400 238.14 00227089 @00004787 MK Signs and Banners 7647 Banner for Fireworks 716 7659 4932 400 129.60 00227090 @00011028 Nowsolutions 23375 Video Streaming and Hosting 100 0106 4120 100 6,000.00 00227091 @00000775 Office Depot Business Services Division 720318152-001 Supplies for JPIA Training (to be reimbursed) 100 0400 4760 300 123.70 720590916-001 Office Supplies 100 0103 4710 100 212.75 720971277-001 Office Supplies-Blue Sky 100 0207 4710 400 68.31 721049493-001 Office Supplies-Lake & Blue Sky 100 0207 4710 400 3.16 721049493-001 Office Supplies-Lake & Blue Sky 100 0202 4710 400 59.27 721150733-001 Comm Park Office Supplies 100 0208 4710 400 54.31 Total for Check 00227091 521.50 00227092 25-Jul-14 @00002457 OneSource Distributors S4389126.001 WTP: Allen Bradley snap-in marker cards 510 0402 4760 300 141.56 S4395155.001 WTP: Allen Bradley currenUvolt analog input mo510 0402 4760 300 405.00 en Total for Check 00227092 546.56 (!) 227093 25-Jul-14 @00002103 Parkway Business Centre 410110CU 08/14 410-110-CU Assessment Fees 08/14 510 0410 5730 300 1,115.00 3 410110CU 08/14 410-110-CU Assessment Fees 08/14 100 0418 5730 300 725.00 C" Total for Check 00227093 1,840.00 (!) ""' _I'Ek>227094 25-Jul-14 @00007043 Plumbers Depot Inc. PD-25056 Leader Hoses 520 8189 386.65 ~227095 @00005614 Pollardwater.com 1385510-IN WW Collection: GA-72Cd metered mag locator 520 0405 6199 300 985.50 ..... 1385510-IN WW Collection: GA-72Cd metered mag locator 520 0405 6199 300 77.36 .,. 1385510-IN WW Collection: GA-72Cd metered mag locator 100 8644 -77.36 ;::; 1385888-IN Water Dist: LPD 0-Chlor Pail 510 0404 4760 300 813.16 (!) 3 =It Total for Check 00227095 1,798.66 :-t'0227096 25-Jul-14 @00000173 Poway Center for the Performing Arts Foundation 07162014 Foundation ticket sales transfer-PCPA 100 8641 4,311.00 'ffi227097 @00004300 Poway Historical Memorial Society CAMPGANISRA7/17 Class Tour Camp Gan lsrael7/17 100 0205 4120 400 25.00 ...... Register of Demands Page 5 of 7 0 Warrants From 712112014-7/2512014 .... Check N '1.rumber Date PaJ!.ee/Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt 00227098 25-Jul-14 @00002712 Poway Irrigation Landscape Supply A-79109 Water Dis!: SCH80 nipples 510 0404 4760 300 2.41 00227099 @00002719 Poway Midland Railroad Volunteers CAMPGANISRA7/17 Class Tour Camp Gan Israel 7/17 100 0205 4120 400 37.50 00227100 @00010911 R & B Pinto Properties LLC LKCONCJUL7-1314 Weekly Lake Concession Payment 7/7-7/13/14 100 8647 5,742.92 00227101 -----Roberts, Michael 2008586.001 Class Refund CIT #2935.1 07 100 0202 7626 400 37.00 00227102 @00006418 Rochester Midland Corporation 1113748 Handsfree Restroom Billing-July 2014 100 0419 4114 300 657.75 00227103 @00002290 San Diego County Water Authority 1050 FY14/Qtr4: Water Use Residential Surveys (6) 1167A 1000P 4904 600 375.00 00227104 @00002318 San Diego Gas & Electric 0704 702278-0714 12335 Crosthwaite Circle-Training Tower 100 0501 2110 200 3,140.43 1118382407 7/14 16275 Espola 6/10/14-7/10/14 100 0418 2110 300 122.28 2319466890 7/14 MHY-12325 Crosthwaite Cir 6/11/14-7/11/14 510 0410 2110 300 143.39 3208968882-7/14 Skate Park Electric(13090 Civic Center) June 2 100 0208 2110 400 241.57 3222233251.714 Monthly Electric Charges-Lake 7/14 100 0202 2110 400 898.91 3243084418 7/14 14022 1/2 Pomerado 6/10/14-7/10/14 100 0418 2110 300 8.25 3732576307 7/14 12207 Old Pomerado 6/11/14-7/11/14 100 0418 2110 300 22.99 4163961022 7/14 15001 Hwy 67 6/11/14-7/11/14 100 0418 2110 300 7.00 4826246631 7/14 12490 1/2 Old Pomerado 6/11/14-7/11/14 100 0418 2110 300 83.86 4830145076 7/14 14283 Silver Ridge 6/11/14-7/11/14 100 0418 2110 300 9.00 4874508946 7/14 13100 Poway Rd 100 0418 2110 300 7.00 6015334224-714 Kumeyaay Electric 100 0207 2110 400 188.35 6402516694 7/14 13544 Aubrey 6/12/14-7/14/14 100 0418 2110 300 .1,109.53 7120521572 7/14 13221 Midland Rd A 6/13/14-7/15/14 100 0418 2110 300 44.21 7126092874 7/14 15003 1/2 Pomerado 6/13/14-7/15/14 100 0418 2110 300 7.00 8205827156 7/14 14467 Lake Poway Rd 6/11/14-7/11/14 100 0400 2110 300 1,366.05 8208113748.714 · Monthly Electric Charges-PCPA-7/14 100 0204 2110 400 13,883.32 8246542485 7/14 14795 1/2 Silverset 6/13/14-7/15/14 100 0418 2110 300 320.50 8247599764 7/14 13306 1/2 Midland 6/13/14-7/15/14 100 0418 2110 300 37.72 8380079610 7/14 14155 1/2 Pomerado 6/13/14-7/15/14 100 0418 2110 300 8.49 en 8679773765 7/14 13250 Pomerado 6/1 0/14 -7/1 0/14 100 0418 2110 300 9.00 CD 8992222409 7/14 14038 Midland Rd A 6/13/14-7/15/14 100 0418 2110 300 86.93 "C -13743 1/2 Carriage 6/13/14-7/15/14 CD 9374684606 7/14 100 0418 2110 300 153.88 3 9532131079-0714 14322 Pomerado Road-FS3 100 0501 2110 200 3,120.55 C" CD 9952297601 7/14 14401 Pomerado 6/12/14-7/14/14 100 .., 0418 2110 300 119.51 N 9958016173-714 Veterans Park Electric 100 0205 2110 400 81.70 Total for Check 00227104 25,221.42 25-Jul-14 @00006857 Savmart Pharmaceutical Service 583575 EMS supplies 100 0503 4740 200 565.56 @00011053 SeatAdvisor Inc. 507651 Per Ticket fee-Box & INT-June 2014-PCPA 100 0204 5116 400 442.50 @00002814 Sharp Rees-Stealy Medical Center 2731261983 6/2/14: 0404 Resp Clear/Pul Func 510 0404 4916 300 107.00 @00010645 Siemens Industry Inc 5610001928 Street Light Maintenance 275 0470 4327 300 3,273.13 ..a. 5610002448 Street Light Maintenance 275 0470 4327 300 3,273.13 N 5610003201 Street Light Maintenance 275 0470 4327 300 3,273.13 ()I) Register of Demands Page 6 of 7 0 Warrants From 712112014-712512014 ..... ~ Check '1-lumber Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 00227108 25-Jul-14 @0001 0645 Siemens Industry Inc 00227109 00227110 00227111 00227112 t/) C1) , !:!" 25-Jul-14 @000111 08 Skyriver Communications Inc. @00007160 Specialty Electric Supply Co. St Michael's Church @000 1 0311 Staples Advantage 0227113 25-Jul-14 @00005541 Statewide Safety & Signs, Inc ~227114 ~0227115 ~~227116 ~227117 ~227118 00227119 !Jo221120 ~0227121 ~227122 ~227123 00227124 @00010822 @00003143 @00010936 @00002780 @00000252 @00004950 @00010380 Strapac, Steven Sun, Chaojing Sun,Chaojing Superior Ready Mix TelePacific Communications Thomson Reuters -West Thomson Reuters/Barclays Tovar, Elsa Truesdail Laboratories, Inc Ultimate Labs Inc. @0001 0879 United Concordia Dental Plans of CA 5610003230 5610003402 5610004407 5610004511 5620000453 5620000717 5620000718 5620000786 5620001936 5620002033 5620002057 5620002387 5620002996 5620003030 5620003185 5620003190 5620003250 INV00035140 7148-524109 2008621.001 8030484772 8030484772 8030484772 8030484772 8030484772A 55070/1 FY15 SFTYSHOES 2008616.001 2008617.001 644230 57652789-0 829964327 3570376 2008593.001 061412 3093 097746455 Traffic Signal Maintenance 275 0470 4326 300 Traffic Signal Maintenance 275 0470 4326 300 Street Light Maintenance. 275 0470 4327 300 Traffic Signal Maintenance 275 0470 4326 300 Parking Lot Light Repairs (April 2014) 100 0419 4120 300 Parking Lot Light Repairs (May 2014) 100 0419 4120 300 Street Light Repairs (May 2014) 275 0470 4327 300 Street Light Repairs 275 0470 4327 300 Traffic Signal Repairs 275 0470 4326 300 Traffic Signal Repairs 275 0470 4326 300 Street Light Repairs 275 0470 4327 300 Street Light Repairs (April 2014) 275 0470 4327 300 Traffic Signal Repairs 275 0470 4326 300 Traffic Signal Repairs 275 0470 4326 300 Parking Lot Light Repairs (June 2014) 100 0419 4120 300 Street Light Repairs (June 2014) 275 0470 4327 300 Traffic Signal Repairs 275 0470 4326 300 Total for Check 00227108 City Hall Backup Internet-August 2014 100 0106 2200 100 comb plate, blank plate 100 0419 4760 300 Refund Permit# 14337 Overpayment 100 0202 7471 400 Office Supplies 510 0410 4710 300 Office Supplies 100 0400 4710 300 Office Supplies 261 0420 4710 300 Office Supplies 510 0402 4710 300 Office Supplies 100 0103 4710 100 "No Trespassing" signs 231 Safety Shoe reimbursement 100 Class Refund Family Campout #9039.108 100 Class Refund Family Cam pout #9039.1 08 100 Concrete: Gate & Woodgate 211 City Halllntemet Connection-July 2014 100 CA Codes V41A Pt1-41C Pt2 (6 Bks) 100 Subscription renewal for T -19 1 00 Deposit Refund Lake Pav Permit #14252 100 Second Contract Amendment 7/1/2013-6/30/20 510 FH/SE Poway Rd/Sudan: Bioburden; Ttl Coli 510 Dental Insurance Premium-August 2014 100 Total for Check 00227112 0412 4760 300 0305 0202 0202 0411 0106 0012 0502 0202 0402 0404 4928 7626 7626 4324 2200 4924 4924 7471 4120 1708 87278 100 400 400 300 100 100 200 400 300 300 CheckAmt 2,542.10 2,449.66 3,273.13 2,542.10 2,141.32 482.34 3,583.88 6,388.62 94.73 2,732.41 82.00 6,111.00 3,583.76 2,327.41 232.28 5,680.00 3,147.92 57,214.05 499.00 6.58 68.00 4.29 19.25 28.65 4.29 80.62 137.10 64.67 170.00 20.00 20.00 899.14 1,039.22 304.62 290.00 200.00 12,440.44 70.00 -237.67 CD Register of Demands Page 7 of 7 0 Warrants From 712112014-7/25/2014 .... N Check '1-lumber Date Payee/Vendo!___ Invoice Comment Fund Orgn Acct Prog 00227124 25-Jul-14 @0001 0879 United Concordia Dental Plans of CA 00227125 25-Jul-14 @00006522 United Site Services 00227126 @00003270 Verizon Wireless 00227127 25-Jul-14 @00003270 Verizon Wireless 00227128 00227129 @00007191 Vision Internet Providers Inc. 00227130 @00005639 West Coast Arborists, Inc. 00227131 25-Jul-14 @00010809 West Pacific Medical Laboratory 00227132 @00010896 WiMacTellnc. 00227133 00227134 (lll227135 iJo903122 S"0903136 3 C" CD .., N :1.!.0903137 «1>903138 ::i>903139 903140 @00010945 Wood shop Wizards @00002381 Yokogawa Corporation of America Zabrosky Photography 24-Jul-14 @00007257 CaiPERS @00003518 Union Bank-San Diego 25-Jul-14 @00006266 Manufacturers & Traders Trust Co. Bank 097746455 114-2142388 9728229969 9728229969 9728229969 9728229969 9728229969 9728229969 9728229969 9728229969 9728229970 9728229970A 27849 98031 98032 98033 98034 4684063014 000714840 7617.111-12.14 7002208742 685652 072414 PE#13 PPE 7/20/14 PPE 7/20/14 457 PPE 7/20/14 401A PE 7/20/14 3 =It Director of Administrative Services Approved ;;9f y , ._,.....,_.......-= ..a. Date , '!\!: "lit ""7 N Dental Insurance Premium-August 2014 100 8727A Total for Check 00227124 Portable Services-Lake 7/3-7/30/14 100 0202 4120 400 Safety Services cell phones 100 0504 3311 200 Safety Services cell phones 100 0504 2200 200 Safety Services cell phones 100 0500 2200 200 Safety Services cell phones 100 0500 3311 200 Safety Services cell phones 100 0501 3311 200 Safety Services cell phones 100 0503 2200 200 Safety Services cell phones 100 0502 3311 200 Safety Services cell phones 100 0502 2200 200 Total for Check 00227126 Temp Wifi-Tech Camp 100 0201 2200 400 Mifi Devices purchased 6/27/14 100 0201 2200 400 Website Hosting-July 2014 100 0104 4120 100 Parks: Tree Removals 100 0418 4120 300 LMD 83-1A: Tree Trimming/Removai/Replacem 211 0411 4120 300 83-1: Grid Pruning 263 0421 4120 300 86-1: Crew Rental 264 0422 4120 300 Total for Check 00227130 Medical exams 100 0501 4916 200 City Pay Phones-July-Sept 2014 100 0106 3310 100 Instructor Payment Summer 2014 100 0208 4118 400 EJA110E-DHS4J-912EB/FF1/D1 Differential Pr 510 0402 6199 300 Porter House Furniture· 100 0205 4823 400 PERS EFT Debit for PE#13 100 8722 -- Transfer net payroll to Union Bank-PPE 7/20/1100 8003U Transfer net payroll to Union Bank-PPE 7/20/1100 8003U Total for Check 00903136 ICMA 457 deferred comp deductions-PPE 7/2 100 8617 401a employee/er deductions PPE 7/20/14 100 8618 ROTH IRA-employee contributions PPE 7/20/14100 8627 Retirement Health Savings Plan-PPE 7/20/14 100 8717 Register Total CheckAmt 17,263.37 17,025.70 544.34 0.66 38.01 38.01 101.46 68.99 304.08 54.71 38.01 643.93 144.48 48.00 200.00 696.90 1,668.15 364.00 303.30 3,032.35 207.00 354.00 1,728.00 2,337.79 100.00 143,103.00 438,661.59 31,650.74 470,312.33 32,820.59 10,238.10 295.00 1,556.72 1 ,224,304.89 ..a. The City of Poway Director of Administrative Services Submits the Following Register of Run Date: 04-Aug-14 0 Demands for the period 7/28/2014-81112014 and Recommends its Ratification/Approval: Page: 1 ofl4 0 -N w Check Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog CheckAmt 00227136 31-Jul-14 @00005371 A 0 Reed &Co 237046 FS#3: Emergency work-underground leak 100 0419 4120 300 4,723.43 00227137 @00004762 Abcana Industries 947654 Chemicals for Pool 100 0203 4502 400 370.46 947876 Chemicals for Pool 100 0203 4502 400 447.59 Total for Check 00227137 818.05 00227138 31-Jul-14 @00003735 Advanced Call Processing Inc 20143208 CaiiXPress Software Maintenance Contract 100 0106 4308 100 5,684.81 00227139 @00006354 Advanced Chemical Transport, Inc. 55540 Oil recycling 611 0413 2910 . 300 443.32 00227140 @00010321 Advanced Web Offset, Inc. 14-1793 Poway Today Fall 100 0013 4932 100 2,614.10 14-1848 Fire Threat Insert 100 0013 4922 100 2,113.00 Total for Check 00227140 4,727.10 00227141 31-Jul-14 @00010000 Aflac 334624 June 2014 Premiums 100 8619 1,251.30 00227142 @00000061 Agricultural Pest Control 337647 Pest Control Various Parks 7/25/14 100 0418 4120 300 855.00 338532 Citywide Building Pest Control Services 100 0419 4120 300 525.00 Total for Check 00227142 1,380.00 00227143 31-Jul-14 @00002106 Airgas USA, LLC 9029361578 Chemicals for Pool 100 0203 4502 400 360.61 00227144 @00011071 American Geotechnical Inc. 73605 Soils and Materials Testing Services 1829A 1000P 1799 600 5,442.50 00227145 @00005241 Aramark Uniform Services Inc 588-6748283 Towels and mats for Sta 2 100 0501 4928 200 7.40 588:6748284 Towels and mats for Sta 1 100 0501 4928 200 7.40 588-67 48286 Towels· and mats for Sta 3 100 0501 4928 200 21.40 588-6756034 Weekly Dock Attendant Laundry 100 0202 4928 400 8.40 Total for Check 00227145 44.60 00227146 31-Jul-14 @00005241 Aramark Uniform Services Inc 15814627 Dock Attendant Uniforms 100 0202 4928 400 265.03 :fo227147 @00010111 AT&T 5552021 OPP Porter House (858) 486-3210-7/14 100 0205 3310 400 46.41 "0 5552024 858-486-4810 Alarm Line-PCPA-7/14 100 0204 3310 400 32.25 -C1) 5552030 Acct: 8584869813614 (6/10-7/9/14) 275 0470 2310 300 16.35 3 C" 5552033 858-513-0625 Phone Line-Lake -7/14 100 0202 3310 400 61.53 C1) .., 5552042 Acct: 8585138316551 (6/10-7/9/14) 264 0422 2200 300 16.35 N 5552082 858-592-4791 Sta 2 modem 100 0501 3310 200 45.76 N 5554024 858-748-6163-Sta 1 alarm 100 0501 3310 200 61.29 0 ..a. 5554603 OPP Train Depot (858) 391-0248-7/14 100 0205 3310 400 45.45 ol:lo ;-Total for Check 00227147 325.39 :10227148 31-Jul-14 @00004880 Bay City Electric Works Inc W128487 FY15 Generator Maintenance/Transfer Switch S611 0413 4120 300 668.94 =It W128489 FY15 Generator Maintenance/Transfer Switch S611 0413 4120 300 682.23 ..a. W128509 FY15 Generator Maintenance/Transfer Switch S611 0413 N 4120 300 836.17 W128592 FY15 Generator Maintenance/Transfer Switch S611 0413 4120 300 668.94 ...a. Register of Demands Page 2 of 14 ...a. Warrants From 7/28/2014-8/1/2014 0 Check -~umber Date PaJ:.ee!Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt 00227148 31-Jul-14 @00004880 Bay City Electric Works Inc W128645 FY15 Generator Maintenance/Transfer Switch S611 0413 4120 300 149.59 W128685 FY15 Generator Maintenance/Transfer Switch S520 0403 4120 300 668.94 W128787 FY15 Generator Maintenance/Transfer Switch S611 0413 4120 300 668.94 Total for Check 00227148 4,343.75 00227149 31-Jul-14 -----Beck, Larry 4881 0800-35 Closing Balance Refund, Deposit, 48810800-35 510 8661 410.00 48810800-35 Closing Balance Refund, Deposit, 48810800-35 510 8120 -155.21 Total for Check 00227149 254.79 00227150 31-Jul-14 @00004317 Boot World Inc 1112144-IN Safety Shoes -Estrada 100 0418 4928 300 155.48 00227151 @00003870 Bound Tree Medical, LLC 81487387 EMS supplies 100 0503 4740 200 101.36 00227152 @00011086 Burgess, Janet 6180.112.14 Instructor Payment Summer 2014 100 0208 4118 400 2,376.00 00227153 @00010463 C.A. Short Company 1037399 Employee Service Award-Garrison 100 0101 4506 100 221.62 00227154 @00004756 Cal-State Auto Parts Inc 352618 Unit #2: Batteries 611 0413 4799 300 186.43 355366 Units #25 & #37: Batteries 611 0413· 4799 300 287.60 355586 Unit #770: Batteries 611 0413 4799 300 260.88 358636 Unit #37: Battery 611 0413 4799 300 130.44 362046 Unit #24: Battery 611 0413 4799 300 45.68 Total for Check 00227154 911.03 00227155 31-Jul-14 @00006901 California Commercial Asphalt, LLC 141259 1/2 Type Ill 211 0411 4520 300 211.71 00227156 @00000355 California Department of Fish & Game 1600-2011-302R5 Agreement #1600-2011-302-R5/29 sites 231 0412 5730 300 3,248.00 00227157 @00000450 California Department of Transportation SL141120 Signals & Lighting (Apr 2014-June 2014) 275 0470 4326 300 215.43 SL141120 Signals & Lighting (Apr 2014-June 2014) 275 0470 2120 300 100.82 SL 141120 Signals & Lighting (Apr 2014-June 2014) 275 0470 4327 300 35.25 SL141120 Signals & Lighting (Apr 2014-June 2014) 275 0470 2130 300 33.99 Total for Check 00227157 385.49 en CD0227158 31-Jul-14 @00000398 Calolympic Glove & Safety Company Inc 330868 Push In Earplugs 100 8189 59.18 227159 @00005907 Cardiac Science Inc. 1620757 Defibrillator supplies 100 0503 4740 200 376.60 ;!0227160 @00011052 Carollo Engineers Inc. 0136022 Water Treatment Plant Maintenance and 1704A 1000P 1714B 600 16,650.50 ~'o227161 @00010348 Chemtrade Chemicals US LLC 90660779 FY 2014/2015 Alum (dry ton) 510 0402 4502 300 3,228.22 "'''l0227162 @00007263 Childress-Nichols, Kellie 6182.130.14 Instructor Payment Summer 2014 100 0208 4118 400 1,044.00 woo227163 @00010170 City Electric Supply POW/009774 WTP: 2LT F32T8 120-277V dimming lamp/balla510 0402 4760 300 367.20 ~227164 @00010946 Coast 2 Coast Soccer 2443.108-09.14 Instructor Payment Summer 2014 100 0208 4118 400 2,003.40 @00004344 Computer Protection Technology Inc 18975-PMA UPS Preventative Maintenance Service Renew 100 0104 4308 100 1,975.00 227166 @00000786 County of San Diego Auditor and Controller JUNE 2014 Parking Activity -Poway High School, June 20 100 0504 4919 200 100.00 JUNE 2014 Parking Activity-City of Poway, June 2014 100 0504 4919 200 162.50 @00000813 Cox Communications 095748401-07/14 Internet fee-July 2014-PCPA 100 0204 2200 400 109.00 ..110227169 62872701-7/14 City Halllntemet/Cable TV-7/22/14-8/21/14 100 0106 2200 100 146.11 ~227170 -----Cruz, Mac 2008635.001 Deposit Refund Aud Permit #14052 100 0208 7471 400 131.00 ...a. Register of Demands Page 3 of 14 N Warrants From 712812014-81112014 0 Check -~umber Date PaJ!.ee!Vendor Invoice Comment Fund Org_n Acct Prog_ CheckAmt 00227171 31-Jul-14 @00010420 Cutwater Investor Services Corp. 19046A Investment Advisory Services 06/14 100 0103 1799 100 2,236.46 00227172 @00000353 Dataprint Corporation 527055A MGR37 E Drawing Organizers for Bldg Plans 100 0303 4710 100 332.13 00227173 @00004897 Diamond Environmental Services 235159 Blue Sky Porta Pottie 100 0207 4120 400 236.82 237750 Kumeyaay site restroom -svc 6/27/14-7/24/14 100 0418 4120 300 80.50 237751 Iron Mtn Trail restrooms-svc 6/27/14-7/24/14 100 0418 4120 300 525.56 Total for Check 00227173 842.88 00227174 31-Jul-14 @00003818 Dion International Sl18908 Unit #65: Dash brake valve 611 0413 4799 300 402.95 00227175 @00003453 EMS Personnel Fund-Calif. EMS Authority P04378-2014 Paramedic Card renewal -Geddes 100 0503 4908 200 200.00 00227176 @00006995 Enniss Inc. 391550 Arbolitos Park Field Renovation: 70/30 Top Soil100 0418 4770 300 1,174.64 391589 Arbolitos Park Field Renovation: 70/30 Top Soi1100 0418 4770 300 303.28 392335 Water Dis!: Class II Base I Poway Rd job 510 0404 4760 300 183.84 Total for Check 00227176 1,661.76 00227177 31-Jul-14 @00000870 Esgil Corporation W/E 6-27-14 w/e 6-27-14 building inspection services 100 0303 1707 100 1,959.83 W/E 6-27-14 w/e 6-27-14 building inspection services 100 0303 1706 100 25,082.28 W/E 7-11-14 w/e 7-11-14 building inspection services 100 0303 1706 100 10,206.55 W/E 7-11-14 w/e 7-11-14 building inspection services 100 0303 1707 100 3,401.64 W/E 7-3-14 w/e 7-3-14 building inspection services 100 0303 1706 100 8,027.09 W/E 7-3-14 w/e 7-3-14 building inspection services 100 0303 1707 100 1,312.54 Total for Check 00227177 49,989.93 00227178 31-Jul-14 @00006933 Fastenal Company CAPOW31236 Squinchers 100 8189 163.25 CAPOW31238 Marking Paint Various -standards 100 8189 273.02 CAPOW31252 Red/Orange Marking Paint 100 8189 69.36 Total for Check 00227178 505.63 0)0227179 31-Jul-14 @00000897 Fed Ex 2-729-40545A Return Test Book Sample-Admin Assistant 111111100 0101 4934 100 17.90 CD 2-729-40545B Fed Ex overnight charge 100 0013 3320 100 82.51 'C ;-Total for Check 00227179 100.41 ~227180 31-Jul-14 @00001144 Ferguson Waterworks 0480170 Specialized 8" couplings 510 0404 4760 300 785.16 CD 0480422 Neoprene gaskets 510 0404 4760 300 30.40 .., ,!') 0480462 Specialized couplings and flanges 1 0" 510 0404 4760 300 795.87 N 0 0480606 Hex digging bars 510 0404 4760 300 199.32 ...a. 0481476 3/4 and 1" AMS 510 8189 1,048.27 ,. 0482439 Water Dis!: pipe joint lube I fire hydrant replace 510 0404 4760 300 12.96 ;-Total for Check 00227180 2,871.98 3 :ft0227181 31-Jul-14 @00010264 Financial Credit Network PWYGAR 06/14 Activity for June 2014 275 0470 7891 300 78.00 ...a. PWYGAR 06/14 N Activity for June 2014 100 0504 7754 4000 13.00 ..a. Register of Demands Page 4 of 14 w Warrants From 712812014-8/1/2014 0 Check ..... ~umber Date Pa1:_ee!Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt Total for Check 00227181 91.00 00227182 31-Jul-14 @00000915 Fire Etc. 63808 Personal protective equipment 100 0501 4760 200 2,190.88 00227183 @00007036 Fire Innovations 14-566895 Personal protective equipment 100 0501 4760 200 892.25 00227184 @00010711 Fire Service Corp 32M 663093 Facilities: Fire Sprinkler Inspections & Maint. 100 0419 4120 300 1,730.00 32M 664347 Facilities: Fire Sprinkler Inspections & Maint. 100 0206 4304 400 155.00 32M 664348 Facilities: Fire Sprinkler Inspections & Maint. 100 0204 4304 400 175.00 Total for Check 00227184 2,060.00 00227185 31-Jul-14 @00000183 Fleet Pride/Associated Truck Parts 62673284 #924&41: turbo valve kit, purge valve, cartridge 611 0413 4799 300 379.67 62685242 Core Credit 611 0413 4799 300 -108.00 62685429 Unit #41: Purge Valve Core Charge 611 0413 4799 300 108.67 Total for Check 00227185 380.34 00227186 31-Jul-14 @00001085 Garnishment Recipient PPE 7/20/14 Payroll Garnishment 100 8620 121.40 00227187 PPE 7/20/14 Payroll Garnishment 100 8620 35.00 00227188 @00010671 Game Day Sports 787 CERT uniforms 100 0501 1520 200 1,036.80 00227189 @00006090 Gary F. Hoyt, Landscape Architecture Inc. CP-1930 Landscape plan check and inspection May-Jun 763 0399 5920 100 325.00 CP-1931 Landscape plan check and inspection May-Jun 100 0301 1799 100 400.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 150.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 930.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 360.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 990.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 360.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 90.00 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 360.00 CP-1932 -Landscape plan check and inspection May-Jun 763 0399 5910 100 360.00 C/) CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 360.00 CD CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 180.00 "C ;-CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 150.00 3 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 270.00 C" CD CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 120.00 ., N CP-1932 Landscape plan check and inspection May-Jun 763 0399 5920 100 210.00 N CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 210.00 0 CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 240.00 ..a. ~ CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 270.00 ;::; CP-1932 Landscape plan check and inspection May-Jun 763 0399 5910 100 240.00 CD 3 Total for Check 00227189 6,575.00 =It: ..,WJ227190 31-Jul-14 @00011134 Golden Rule Bindery 074226 Res & Ord Book Binding 100 0011 4120 100 210.46 IQJ227191 @00010003 Goldfarb & Lipman LLP 112979 Services Rendered through 6/30/14 100 0309 1702B 100 548.00 ...a. Register of Demands Page 5 of 14 ,Jilo. Warrants From 712812014-8/1/2014 0 Check -~umber Date PaJ:.ee!Vendor Invoice Comment Fund Orf!.n Acct Prof!. CheckAmt 00227191 31-Jul-14 @00010003 Goldfarb & Lipman LLP 112980 Professional Fees Rendered 100 0309 1702B 100 420.00 Total for Check 00227191 968.00 00227192 31-Jul-14 @00005909 GovConnection, Inc. 51584113 Ergonomic Keyboard & Mouse 100 0013 4710 100 88.26 00227193 @00001207 Grainger Inc 9492164901 Tapered Broom Handles 100 8189 69.23 9497561382 Flush Actuator 100 8189 797.55 Total for Check 00227193 866.78 00227194 31-Jul-14 -----Granite Ranch Opportunities 35007700-04 Closing Balance Refund, Overpayment, 350077 510 8120 456.65 00227195 @00001157 Haaker Equipment Company C04928 WW Collection: hook/pick; deep-vac tube 520 0405 4760 300 700.90 00227196 @00005835 Hach Company 8928800 BSPDR3900 Bench Service for DR3900 (FRV1)510 0402 4120 300 637.00 8936192 WTP wet lab: silicone oil; sample cell 510 0402 4760 300 530.02 Total for Check 00227196 1 '167.02 00227197 31-Jul-14 @00010310 Hampton Inn & Suites -Poway 4/1/14-6/30/14 Hotel/Restaurant -REA Reimbursement 720 0704 4120 100 2,268.00 00227198 @00005130 Hanson Aggregates Pacific Southwest, Inc 1479299 Crushed Agg Base 51.87 tons 100 0418 4760 300 1,111.32 00227199 @00005214 Harbor Freight Tools 0356622 Graffiti supplies 100 0418 4760 300 98.49 634841 Tools, repair parts, operating supplies 100 0418 4760 300 125.79 Total for Check 00227199 224.28 00227200 31-Jul-14 @00001289 Hawkins Traffic Safety Supply 21082 clamp u bracket return 211 0411 4514 300 -83.18 21409 Vandal proof cap screws 211 0411 4514 300 203.39 21492 Vandal Proof Brackets 211 0411 4514 300 189.77 21708 Vandal Proof Nuts 211 0411 4514 300 232.23 Total for Check 00227200 542.21 00227201 31-Jul-14 @00001447 Heaviland Enterprises Inc 8314 Espola/Country Day-Install 30 Salvia Clevelandi 264 0422 4770 300 199.46 8924 Pomerado Road-Recycled Water System lnspe269 0425 4770 300 206.86 en 8932 Pomerado Rd/Camino Del Norte: Irrigation Rep 262 0427 4770 300 202.45 CD 'C 8933-14 Country Day-Mainline leak 264 0422 4770 300 28.35 ;-9466 Arbolitos Park-Landscape & Irrigation Maintena 100 0418 4116 300 7,415.00 3 C" 9474 Pomerado Bus. Park-Irrigation Inspection 269 0425 4770 300 53.27 CD 9475 Poway Road-Replace irrigation and shrubs in isl268 0428 4770 300 277.16 ~ N 9476 Library: Repair Irrigation Valve, Install Shrubs 100 0206 4116 400 144.48 N 9477 Mainline Repair 264 0422 4770 300 19.93 0 ...a. 9478 Recycled Water Inspection/Mainline Repairs 269 0425 4770 300 95.93 ,Jilo. Twin Peaks/Woodcreek-Repair Blown Valve 9479 263 0421 4770 300 229.24 ;::; 9480 Pomerado Rd. Center Island-Irrigation lnspectio 262 0427 4770 300 154.85 CD 3 9481 Serenata: Repair ball valves 264 0422 4770 300 222.56 =It 9482 Espola Rd/Grove-lrrigation Inspection 264 0422 4770 300 109.20 ...a. N 9483 Repair Irrigation Clock 269 0425 4770 300 96.85 ..a. Register of Demands Page 6 of 14 c.n Warrants From 712812014-81112014 0 Check .... tirumber Date PaJ:.ee!Vendor Invoice Comment Fund Org_n Acct Prog_ CheckAmt Total for Check 00227201 9,455.59 00227202 31-Jul-14 @00001645 Home Depot Commercial Account 0224124 4 Sunshades 100 0418 4750 300 371.51 0233827 Sun Shade -credit 100 0418 4750 300 -85.32 1210964 Sta 3 supplies 100 0501 4308 200 58.48 1223979 Train Barn Lights 100 0419 4760 300 43.07 1223981 Concrete tools 211 0411 4516 300 99.03 3211368 Locks for Archery Seatainer 100 0202 4760 400 40.17 3211383 White motion sensor 100 0419 4760 300 21.57 5210856 Summer Concert Stage Pieces 100 0202 4760 400 40.65 6211297 WTP: outlets, adapters, bushings 510 0402 4760 300 86.79 6211325 Unit #727: silicone 611 0413 4799 300 15.27 7210755 Sta 3 dishwashers (2} 100 0501 4899 200 500.00 7210757 Sta 3 dishwashers (2} 100 0501 4899 200 500.00 7210759 Sta 3 dishwasher~ (2} 100 0501 4899 200 21.68 7211286 Picnic Table Repair 100 0418 4760 300 208.68 Total for Check 00227202 1,921.58 00227203 31-Jul-14 @00010529 Hotalen, Cheri 5417.110-11.14A Instructor Payment Summer 2014 100 0208 4118 400 285.00 5417.112.14 Instructor Payment Summer 2014 100 0208 4118 400 212.40 Total for Check 00227203 497.40 00227204 31-Jul-14 @00001745 Hub Construction Specialties Inc Z05015967 Concrete finishing tools 211 0411 4516 300 118.65 00227205 @00001754 Hudson Safe-T-Lite Rentals 00024058 26" Reflective cones 510 0404 4750 300 406.00 00024058 26" Reflective cones 510 0404 4760 300 539.00 Total for Check 00227205 945.00 0)0227206 31-Jul-14 @00011079 ldibri Consulting, LP 453482 Council Chambers Audio Video System Design 1101 A 1000P 1712 600 3,900.00 CD0227207 @00007002 Imperial Catfish 14088 Catfish Stock-Delivery 7/24/14 100 0202 45228 400 4,950.00 227208 @00007019 Imperial Sprinkler Supply, Inc. 2031003-00 Irrigation supplies 100 0418 4770 300 957.24 3 2036689-00 50 Hunter 4" pop up body 100 0418 4770 300 52.90 C" Total for Check 00227208 1,010.14 (I) .... w~2272Q9 31-Jul-14 @00010786 lncrediFiix Inc. 5183.105.14 Instructor Payment Summer 2014 100 0208 4118 400 2,676.60 ~227210 @00006463 lnfoSend 81655 Mailing Stmts 6/16-6/30; Programming-NS Con 1185A 1000P 1712 600 5,386.50 ..a. 81655 Mailing Stmts 6/16-6/30; Programming-NS Con 11858 1000P 1712 600 4,063.50 ~ Mailing Stmts 6/16-6/30; Programming-NS Con 100 81655 0102 4120 100 5,034.76 ;:::; 81737 EBPP Monthly Mince Fee-June 2014 100 0102 4120 100 870.00 (I) 3 82099 Mailing Statements 7/1 to 7/15/14 100 0102 4120 100 265.39 =It 82116 ..a. ACH Monthly Fee-May 2014 100 0102 4120 100 496.11 N 82128 NorthStar Conversion-Set Up Fee 100 0102 4922 100 3,447.09 82128 NorthStar Conversion-Set Up Fee 100 0106 3320 100 3,340.91 ...a. Register of Demands Page 7 of 14 en Warrants From 712812014-81112014 0 Check .... ~umber Date PaJ:.ee/Vendor Invoice Comment Fund Orf!.n Acct Prof!. CheckAmt 00227210 31-Jul-14 @00006463 lnfoSend 82248 ACH Monthly Fee June 2014 100 0102 4120 100 262.88 Total for Check 00227210 23,167.14 00227211 31-Jul-14 @00007070 Inland Water Works Supply Co. 265278 ltron 1 DOW+ Integral Conn & Ant 510 0404 4899 300 2,835.00 265279 ltron 1 DOW+ Integral Conn & Ant 510 0404 4899 300 16,200.00 265281 Hersey 562 & 572 meter registers (6) 510 0404 4899 300 680.40 Total for Check 00227211 19,715.40 00227212 31-Jul-14 @00001328 Intermountain Radiator 22620 #748: AIC refrigerant svc 611 0413 4312 300 148.01 00227213 @00006902 International Code Council 3011152 Renew annual membership -Bridgman 100 0502 4924 200 50.00 00227214 @00007056 JCI Jones Chemicals, Inc. 626037 FY 2014/2015 Chlorine 510 0402 4502 300 2,318.32 00227215 @00006821 Jenal Engineering Corp. 14-1404 3 yr SB989 Testing 611 0413 4120 300 2,576.12 14-1409 Diesel Hose leak 611 0413 4120 300 173.48 Total for Check 00227215 2,749.60 00227216 31-Jul-14 -----Jones Covey Group, Inc. DR13-008 release of erosion control security 762 0399 5980 900 2,000.00 00227217 @00001306 JRC Printing LLC 33541 Bus Cards Nespor; Chillinsky 100 0301 4922 100 24.84 33541 Bus Cards Nespor; Chillinsky 100 0502 4922 200 29.16 Total for Check 00227217 54.00 00227218. 31-Jul-14 @00001317 Judicial Data Systems 4650 Parking Activity for June 2014 100 0504 4919 200 100.00 00227219 @00010160 Kleppel, James NAEMT Tuition Reimbursement-NAEMT Instructor Cou 100 0101 4926 100 42.95 00227220 @00010848 Kuelbs, Laura ON883484285 CPR/AED/First Aid Training 100 0204 4908 400 65.00 00227221. @00006982 Lawson Products, Inc. 9302598695 Various Road Paints High-Solid 100 8189 506.11 . 00227222 @00010749 MaiiFinance, Inc. H4722388 Postage Machine Lease Payment July 2014 100 0106 4308 100 209.56 H4779169 Postage Machine Lease Payment Augusl'2014 100 0106 4308 100 209.56 Total for Check 00227222 419.12 31-Jul-14 @00011135 Marco's Canopies Inc. 18162 Special Event Canopy Replacement Hardware 100 0418 4760 300 530.00 p227224 -----Mattson, Marcia 2008656.001 CX Class Refund Creative Explorers #6182.148 100 0208 7625 400 165.00 0227225 @00001673 McDougal Love Eckis Boehmer & Foley 86050 Professional services through 5/31/14 PO .176 100 0012 1702C 100 3,960.95 C" 86268 Professional services through 6/30/14 P0.032 100 0012 1702C 100 132.00 CD 86269 Professional services through 6/30/14 P0.159 100 0012 1702C 100 80.00 .... N 86270 Professional services through 6/30/14 P0.176 100 0012 1702C 100 11,602.14 N 86271 Retainer Fee FY13/14 100 0012 1702A 100 12,000.00 0 ...a. 86272 Professional services through 6/30/14 PO.SA.O 100 0012 1702C 100 94.31 .,. 86303 Professional services through 6/30/14 P0.168 100 0012 · 1702C 100 48.00 ;-Total for Check 00227225 27,917.40 3 :aD227226 31-Jul-14 @00005509 Ming's Upholstery 072114 Unit #907: Seat bottom repair 611 0413 4312 300 50.00 :-eD227227 -----Mohan, Akash 2008653.001 Refund for Class Cancelled 9019.107 100 0208 7625 400 95.00 ~227228 @00001840 Napa Auto Parts/Poway 960530 Unit #37: filters .611 0413 4799 300 36.35 ...a. Register of Demands Page 8 of 14 ...., Wa"ants From 712812014-81112014 0 Check .... ~umber Date PaJ!.ee!Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt 00227228 31-Jul-14 @00001840 Napa Auto Parts/Poway 961770 Master bit set 611 0413 4516 300 18.35 961832 Unit #33: Window regulator 611 0413 4799 300 124.42 Total for Check 00227228 179.12 00227229 31-Jul-14 @00005825 Neal Electric, Inc 61282 Electrical Work at Fire Station 2 617 0105 4304 100 209.90 61305 WTP: remove old & install new disconnect/fuse 100 0419 4302 300 349.99 Total for Check 00227229 559.89 00227230 31-Jul-14 @00010905 North County Buick Cadillac GMC 139584 Unit #907: weather stripping, handle kit 611 0413 4799 300 166.73 139602 Shop stock: 2 handles 611 0413 4799 300 118.80 139718 Unit #2: wire, resistor 611 0413 4799 300 153.62 139723 Unit #2: Motor kit 611 0413 4799 300 174.31 CM139718 Credit for wire 611 0413 4799 300 -100.52 Total for Check 00227230 512.94 00227231 31-Jul-14 @00010504 North Light Studios 14PFD2 Department pictures 100 0501 4904 200 54.00 14PFD3 Department pictures 100 0501 4904 200 27.00 Total for Check 00227231 81.00 00227232 31-Jul-14 @00000775 Office Depot Business Services Division 718701683-001 Office Supplies 100 0102 4710 100 64.78 719413909-001 Office Supplies 100 0102 4710 100 44.60 719486917-001 Family Campau! Supplies 100 0202 4760 400 85.97 720431929-001 Office supplies 100 0500 4710 200 97.68 720669966-001 Office supplies 100 0011 4710 100 309.99 721385620-001 PW Administration office supplies, copy paper 510 0410 4710 300 13.17 721385620-001 PW Administration office supplies, copy paper 261 0420 4710 300 224.62 721385620-001 PW Administration office supplies, copy paper 510 0401 4710 300 18.61 (/) 721385620-001 PW Administration office supplies, copy paper 100 0400 4710 300 40.16 CD 724356978-001 Fleet: 4 print toners 611 0413 4710 300 281.94 "C 724430189-001 Office Supplies -2nd Floor 100 0304 4710 100 56.02 ;- 3 724613284-001 Office Supplies -2nd Floor 100 0300 4710 100 126.41 C" 724658302-001 Supplies for JPIA Training (to be reimbursed) 100 0400 4760 300 77.75 CD '"" Total for Check 00227232 1,441.70 ,!'-) ~227233 31-Jul-14 @00002007 Pacific Pipeline Supply 300116 Digging bar 100 8189 648.00 -80227234 @00005664 Paley, Blythe 7617.100-01.14 Instructor Payment Summer 2014 100 0208 4118 400 351.00 00227235 @00002703 Perry Ford of Poway 5014468 Unit #20: rear mirror assembly 611 0413 4799 300 166.63 CD 6046678/1 Unit #903: extra key & key fob 611 0413 4799 300 317.79 3 Total for Check 00227235 484.42 =It :"60227236 31-Jul-14 @00002314 Petty Cash General 063014 Reimb General Petty Cash 6130/14 100 0201 3110 400 19.10 N 063014 Reimb General Petty Cash 6/30/14 100 0202 4928 400 30.00 ..a. Register of Demands Page 9 of 14 CIO Warrants From 712812014-81112014 0 Check .... l'irumber Date PaJ:_ee/Vendor Invoice Comment Fund Orff.n Acct Prof!. CheckAmt 00227236 31-Jul-14 @00002314 Petty Cash General 063014 Reimb General Petty Cash 6/30/14 100 0103 3110 100 20.60 063014 Reimb General Petty Cash 6/30/14 100 0102 5720 100 -0.09 073014 Reimb General Petty Cash 7/30/14 100 0301 3110 100 25.48 073014 Reimb General Petty Cash 7/30/14 100 0104 3140 100 16.00 073014 Reimb General Petty Cash 7/30/14 100 0305 3110 100 25.88 073014 Reimb General Petty Cash 7/30/14 100 0013 4710 100 7.28 073014 Reimb General Petty Cash 7/30/14 100 0013 3110 100 40.88 073014 Reimb General Petty Cash 7/30/14 100 0104 3140 100 50.00 073014 Reimb General Petty Cash 7/30/14 100 0305 5730 100 6.50 073014 Reimb General Petty Cash 7/30/14 100 0200 3140 400 8.38 073014 Reimb General Petty Cash 7/30/14 100 0301 5730 100 50.00 073014 Reimb General Petty Cash 7/30/14 100 0104 3140 100 8.00 073014 Reimb General Petty Cash 7/30/14 100 0301 3110 100 30.52 073014 Reimb General Petty Cash 7/30/14 100 0010 4710 100 21.34 073014 Reimb General Petty Cash 7/30/14 100 0013 3140 100 15.00 073014 Reimb General Petty Cash 7/30/14 100 0010 3140 100 21.49 Total for Check 00227236 396.36 00227237 31-Jul-14 @00007043 Plumbers Depot Inc. PD-25186 WW Collection: 1" mender hose, Piranha 520 0405 4760 300 124.11 00227238 @00000173 Poway Center for the Performing Arts Foundation 07232014 Foundation ticket sales transfer-PCPA 100 8641 1,300.00 00227239 @00002595 POway Chamber of Commerce 2192 Poway Business Assistance Grant 100 0014 4904 100 10,000.00 00227240 @00002702 Poway Firefighters Association PPE 7/20/14 Fire Association dues for PPE 7/20/14 100 8615 1,727.04 00227241 @00002719 Poway Midland Railroad Volunteers 1155 Lake Poway Day Camp Excursi.on 100 0202 4760 400 336.00 00227242 @00002752 Precision Dynamics Corporation 2602866 Swim Test Wristbands-Pool 100 0203 4760 400 269.73 00227243 -----Premium Window Tinting 2936 City Hall windows/doors tinting 100 0419 4120 300 830.00 00227244 @00010722 Pyxis Water Systems Inc. 3378 Fire Training Tower pump repair 100 0501 4304 200 1,417.72 ~227245 @00010911 R & B Pinto Properties LLC LKCONCJUL 162014 Wkly Lake Concession (7/16-7/20) & June CC 100 8647 5,888.16 CD LKCONCJUL 162014 Wkly Lake Concession (7/16-7/20) & June CC 100 0202 5116 400 -153.54 "'C ;-Total for Check 00227245 5,734.62 ~227246 31-Jul-14 @00011133 Rahim, Amir LPDC-ENT 81214 Lake Poway Day Camp Entertainment 8/12/14 100 0202 4120 400 175.00 ~0227247 -----Resurrection Community Church CUP13-009 release of erosion control security 762 0399 5980 900 2,000.00 _"e\>227248 Reyes, Veronica 2008654.001 Refund for Cancelled Explorer Camp 6182.148 100 0208 7625 400 175.00 ~227249 Rogers, Ron G1510-05 release of cash bond 761 8592 5980 900 20,000.00 ~227250 @00002982 S K S Petroleum Distributors Inc CL61779 Fuel/Water crew-night time shutdown 611 0413 3120 300 440.35 CL61780 Fuel -All fire dept. 611 0413 3120 300 1,310.24 ;-Total for Check 00227250 1,750.59 3 =-o227251 31-Jul-14 @00002262 San Diego County Sheriffs Department 79290R-0614 Law Enforcement Services for June 2014 100 0504 4104 200 831,063.37 ..a. 79290R-0614 Law Enforcement Services for June 2014 100 0504 7758 200 -970.65 N ...a. Register of Demands Page 10 of 14 CD Warrants From 712812014-81112014 0 Check -~umber Date PaJ!.ee!Vendor Invoice Comment Fund Orf!.n Acct Prof!. CheckAmt Total for Check 00227251 830,092.72 00227252 31-Jul-14 @00002290 San Diego County Water Authority 0614-11 JUN 2014: Water deliveries and charges 510 0402 2710A 300 988,419.60 0614-11 JUN 2014: Water deliveries and charges 510 0402 2710B 300 130,979.10 0614-11 JUN 2014: Water deliveries and charges 510 0402 2710C 300 305,979.00 0614-11 JUN 2014: Water deliveries and charges 510 0402 7647 300 -861.80 Total for Check 00227252 1,424,515.90 00227253 31-Jul-14 @00002318 San Diego Gas & Electric 15011872037 714 Acct: 1501 187 203 7 (6/13-7/15/14) 275 0470 2120 300 8.04 51260647432 714 Acct: 5126 064 743 2 (6/11-7/11/14) 264 0422 2110 300 8.74 5997168701-714 Pwy Historical Society Gas & Electric 100 0205 2110 400 419.69 70195729909 714 Acct: 7019 572 990 9 (6/10-7/10/14) 267 0424 2110 300 8.49 93224921321 714 Acct: 9322 492 132 1 (6/11-7/11/14) 269 0425 2110 300 9.00 93262241491 714 Acct: 9326 224 1491 (6/11-7/11/14) 275 0470 2120 300 54.94 Total for Check 00227253 508.90 00227254 31-Jul-14 @00002312 San Diego Gas & Electric/Sundry 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 520 0403 2140B 300 2,410.35 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 510 0402 2110 300 1,361.54 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 510 0402 2140 300 61,140.22 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 520 0403 2140H 300 119.91 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 520 0403 2140M 300 476.13 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 520 0403 21400 300 1,054.31 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 520 0403 2140U 300 109.68 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 510 0406 2140S 300 2,240.85 0492013340 7/14 Utilities and Ops Ctr power: 6/11-7111/14 510 0410 2110 300 1,748.73 0679332006-7/14 Group Sundry Bill 100 0204 2110 400 34.14 0679332006-7/14 Group Sundry Bill 100 0205 2110 400 88.42 en 3150777677-7/14 Group Sundry Bill 275 0470 2120 300 1,776.37 C1) 3150777677-7/14 Group Sundry Bill 275 0470 2130 300 24,186.41 "C -3150777677-7/14 Group Sundry Bill 100 0205 2110 400 487.69 C1) 3 3619489005-7/14 Group Sundry Bill 100 0208 2110 400 29.47 C" 3619489005-7/14 Group Sundry Bill 510 0404 2110 300 8.74 C1) .., N 3619489005-7/14 Group Sundry Bill 275 0470 2120 300 2,046.39 N 3619489005-7/14 Group Sundry Bill 611 0413 2110 300 967.74 0 3619489005-7/14 Group Sundry Bill 100 0418 2110 300 738.44 ...a. ~ 3619489005-7/14 Group Sundry Bill 100 0205 2110 400 315.76 ::; 3619489005-7/14 Group Sundry Bill 263 C1) 0421 2110 300 44.40 3 3619489005-7/14 Group Sundry Bill 264 0422 2110 300 61.48 :u: 3619489005-7/14 Group Sundry Bill 265 0423 2110 300 7.99 ...a. 3619489005-7/14 Group Sundry Bill 269 0425 2110 300 152.68 N 3871898157-7/14 Group Sundry Bill 100 0106 2110 100 274.47 N Register of Demands Page 11 of 14 0 Wa"ants From 712812014-811/2014 0 Check .... ~umber Date PaJ!.ee/Vendor Invoice Comment Fund Orff.n Acct Pros. CheckAmt 00227254 31-Jul-14 @00002312 San Diego Gas & Electric/Sundry 3871898157-7/14 Group Sundry Bill 100 0202 2110 400 369.55 3871898157-7/14 Group Sundry Bill 100 0204 2110 400 154.38 3871898157-7/14 Group Sundry Bill 100 0501 2110 200 74.03 3871898157-7/14 Group Sundry Bill 100 0208 2110 400 96.30 5224316782.714 Monthly Gas Charge-Pool-7/14 100 0203 2110 400 2,188.12 6831604567-7/14 Comm Park Electric 6/10-7/10/14 100 0208 2110 400 7,434.03 7003797598-7/14 Group Sundry Bill 263 0421 2110 300 40.75 7003797598-7/14 Group Sundry Bill 267 0424 2110 300 15.25 7003797598-7/14 Group Sundry Bill 100 0202 2110 400 1,986.55 7003797598-7/14 Group Sundry Bill 264 0422 2110 300 17.49 7003797598-7/14 Group Sundry Bill 100 0205 2110 400 1,630.35 7003797598-7/14 Group Sundry Bill 100 0418 2110 300 174.40 7003797598-7/14 Group Sundry Bill 275 0470 2120 300 303.86 7003797598-7/14 G~oup Sundry Bill 100 0204 2110 400 306.26 7003797598-7/14 Group Sundry Bill 100 0208 2110 400 2,753."95 7003797598-7/14 Group Sundry Bill 100 0501 2110 200 3,820.45 Total for Check 00227254 123,248.03 00227255 31-Jul-14 @00010672 San Dieguito Engineering Inc. 37994 Survey Services Espola Road 12010A 1000P 1799 600 1,406.50 00227256 @00010094 Sarmiento, Emma 5417.101-06.14 Instructor Payment Summer 2014 100 0208 4118 400 669.60 00227257 -----SASE Company, Inc. 134235 Unit #SE411: bearings, retaining rings 100 8644 -10.70 134235 Unit #SE411: bearings, retaining rings 611 0413 4799 300 152.58 134235 Unit #SE411: bearings, retaining rings 611 0413 4799 300 10.70 Total for Check 00227257 152.58 00227258 31-Jul-14 -----Schmitz, Michael 2008652.001 Deposit Refund OPP Permit #14178 100 0205 7471 400 200.00 00227259 Schuette,Walter 2008648.001 Deposit Refund Lake Pav Permit #14022 100 0202 7471 400 200.00 ~227260 @00004843 SCS Tracer Environmental 0235694 FY14 Safety Consulting Services for Public Wor510 0404 4120 300 675.00 , 0235695 FY14 Safety Consulting Services for Public Wor510 0402 4120 300 340.00 -C1) Total for Check 00227260 1,015.00 3 C" SDCFCA-Fire Prevention Officers Section DUES FY14/15 CD0227261 31-Jul-14 @00004285 Membership for Canavan, Bridgman, Loperena 100 0502 4924 200 150.00 ~227262 @00010645 Siemens Industry Inc 5610002342 Traffic Signal Repair Work 275 0470 4326 300 1,815.00 N 5610003146 Pedestrian Crossing Replacement Equipment 275 0470 6138 300 4,125.00 0 5610004351 Furnish and Install LED Display Boards-Twin P 275 0470 4326 300 730.00 ..a. ~ 5610004905 Furnish/Install Batteries for Flashing Beacons 275 0470 4326 300 1,335.00 ;:::; 5620000731 Furnish/Install Solar Flashing Beacon Controller 275 0470 4326 300 300.84 C1) 3 5620002006 Install Fixtures on Pole (Lake Poway Park) 100 0419 4760 300 926.00 ~ 5620002965 Street Light Repairs 275 0470 4327 300 950.00 ..a. 5620002965 Street Light Repairs 275 0470 4326 300 90.00 N 5620002980 Repair Fiber Optic (Scripps Poway Parkway) 275 0470 4326 300 1,288.00 N Register of Demands Page 12 of 14 ...a. Warrants From 712812014-81112014 0 Check -~umber Date PaJ:.ee!Vendor Invoice Comment Fund Orrt.n Acct Prort. CheckAmt 00227262 31-Jul-14 @00010645 Siemens Industry Inc 5620002991 Repair Street Light Knocked Down-Midland 275 0470 4327 300 2,441.97 5620003072 Repair Knocked Down Street Light Pole (Twin P275 0470 4327 300 2,450.72 5620003073 Street Light Repair (Wanesta Drive) 275 0470 4327 300 5,897.45 Total for Check 00227262 22,349.98 00227263 31-Jul-14 @00010060 SoCo Group Inc. 0061985-IN Unleaded & Diesel delivery 7/22/14 611 0413 3120 300 14,153.73 0062443-IN Diesel delivery 7/24/14-FS#3 611 0413 3120 300 1,535.58 Total for Check 00227263 15,689.31 00227264 31-Jul-14 @00000464 Sonsray Machinery P00274-01 #748: cutting edges, bolts, (8) 230HX Tooth 611 0413 4799 300 794.97 P00367-01 Unit #748: returned bolts 611 0413 4799 300 -1.81 Total for Check 00227264 793.16 00227265 31-Jul-14 @00007183 South Coast Emergency Vehicle Service 472074 #924: Master Steering gear, hoses, ball joints 611 0413 4312 300 4,588.20 00227266 @00007160 Specialty Electric Supply Co. 7148-524245 Train Barn: 30 min timer 100 0419 4760 300 22.22 00227267 @00003069 Standard Insurance Company 518464.0814 Basic Life/AD&D/L TD/EAP 100 8725 4,467.57 518464.0814 Basic Life/AD&D/L TD/EAP 100 8626 2,186.96 518464.0814 Basic Life/AD&D/L TD/EAP 100 0101 4120 100 22.85 518464.0814 Basic Life/AD&D/L TD/EAP 100 8726 14,788.50 Total for Check 00227267 21,465.88 00227268 31-Jul-14 @00003566 State Water Resources Control Board RGP41 2014 RGP 41 Permit Approval & Extension Fee 231 0412 5730 300 145.00 00227269 @00010073 State Water Resources Control Board-OpCert WILLIAMSON T5 Harry Williamson: TPO T5 certification, 2014 510 0402 4924 300 105.00 00227270 @00006600 Stotz Equipment P12257 #507: bedliner 611 0413 4799 300 358.24 00227271 @00003143 Superior Ready Mix 645721 12339 Poway Rd 211 0411 4324 300 787.03 00227272 @00010194 Tail Environmental Services Inc. 818244 R. Bowers -CA Designated Operator Training 8/611 0413 4908 300 379.00 818478 K. Quinn -CA Designated Opertor Training -8/2 231 0412 4908 300 379.00 en 818478CR K. Quinn -credit for class 231 0412 4908 300 -379.00 CD Total for Check 00227272 379.00 , !:."' 0227273 31-Jul-14 @00006578 TargetSolutions 17582 DMV reports 100 0501 4908 200 73.50 227274 @00002556 Tifco Industries 70967013 Mise hardware, glass-kleen, choke-kleen 611 0413 4760 300 172.75 ~0227275 @00010706 Toshiba Business Solutions 11127483 Copiers 6/25/14-7/24/14 100 0106 4308 100 1,191.02 ~fo(k)227276 @00003163 Treasurer, County of San Diego HIRT-2014-01.7 HIRT membership renewal FY15 100 0501 4120 200 58,078.00 ~227277 @00010371 U.S. Bank Corporate Payment System 4555679376.JU14 Credit card charges for Safety Services 100 0500 4904 200 293.93 ...a. 4555679376.JU14 Credit card charges for Safety Services 100 8644 -109.08 -l=oo Credit card charges for Safety Services 4555679376.JU14 100 0501 4308 200 15.06 ;-4555679376.JU14 Credit card charges for Safety Services 100 0501 4904 200 1,176.12 3 4555679376.JU14 Credit card charges for Safety Services 100 0501 4720 200 162.34 ~ 4555679376.JU14 Credit card charges for Safety Services 100 0501 4120 200 189.92 ...a. N 4555679376.JU14 Credit card charges for Safety Services 100 0500 4904 200 23.28 4555679376.JU14 Credit card charges for Safety Services 100 0501 4904 200 85.80 N Register of Demands Page 13 of 14 N Warrants From 712812014-8/112014 0 Check -~umber Date PaJ:_ee/Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt 00227277 31-Jul-14 @00010371 U.S. Bank Corporate Payment System 4555679376-0714 Credit card charges for Safety Services 100 0500 4308 200 64.90 4555679376-0714 Credit card charges for Safety Services 100 0500 4904 200 30.45 4555679376-0714 Credit card charges for Safety Services 100 0501 4120 200 19.99 4555679376-0714 Credit card charges for Safety Services 100 0501 3140 200 2.50 4555679376-0714 Credit card charges for Safety Services 100 0501 4760 200 23.60 4555679376-0714 Credit card charges for Safety Services 100 0501 4924 200 283.84 4555679376-0714 Credit card charges for Safety Services 100 0501 4908 200 425.00 Total for Check 00227277 2,687.65 00227278 31-Jul-14 @00007243 U.S. Bank N.A. PPE 7/20/14 PARS employee/er contributions Plan #674602 100 8724 4,570.35 00227279 PPE 7/20/14 PARS contributions PE 7/20/14, Plan #6746022100 8721 45,850.66 00227280 @00002574 Union-Tribune Publishing Company 1259270 6/14 Subscription 1 year 100 0010 4924 100 466.03 00227281 @00007282 United Site Services of California Inc. 114-2169357 Sanitary services at the Fire Training Tower 100 0501 4908 200 125.44 00227282 @00006781 USA Blue Book 401525 WTP: spinbar magnetic stir bar; beakers; reage 510 0402 4760 300 214.53 401552 WTP: Pyrex economy beaker 510 0402 4760 300 21.01 Total for Check 00227282 235.54 00227283 31-Jul-14 @00010115 UT Community Press 96477 Legal 14-080 231 0412 4932 300 241.80 96724 Legal 14-088 100 0419 4932 300 223.20 97019 Legal14-091 100 0011 4932 100 162.75 Total for Check 00227283 627.75 00227284 31-Jul-14 @00003270 Verizon Wireless 9729001044 Emergency phones 6/21/14-7/20/14 100 0106 3310 100 2.64 00227285 9728569379 Monthly Ranger Cell Phone-7/14 100 0202 3311 400 31.42 00227286 9727854725 Engineering Phone and Laptop Service 100 0304 3311 100 1.54 9727854725 Engineering Phone and Laptop Service 100 0306 2200 100 129.05 9727854725 Engineering Phone and Laptop Service 100 0304 2200 100 38.01 t/) Total for Check 00227286 168.60 C1) 227287 31-Jul-14 @00002663 Village Lock and Key 8024 FS#1 Classroom lock installation 100 0419 4120 300 998.00 3 8101 Skate Park Turnstile Keys 100 0208 4304 400 40.50 C" Total for Check 00227287 1,038.50 C1) "'I ~~227288 31-Jul-14 @00004427 Vining Wholesale Lighting Supply 57242 Stage Lighting-PCPA 100 0204 4760 400 489.24 ~227289 @00002730 Waxie 74722698 Community Ctr/Sanitation supplies 100 0419 4720 300 781.79 ..a. 74724001 Lk Poway Rec Ctr/Sanitation Supplies 100 0419 4720 300 953.82 ol:lo 74724002 Lk Poway Rec Ctr/Sanitation Supplies 100 0419 4720 300 527.04 ;-Total for Check 00227289 2,262.65 3 =-tl)227290 31-Jul-14 -----Weaver, John MDRA05-074 project expired -refund fees 232 0305 5740 100 1,200.00 ..a. MDRA05-074 project expired -refund fees 100 0306 5740 100 500.00 N MDRA05-074 project expired -refund fees 411 0305 5740 100 2,720.00 N Register of Demands Page 14 of 14 W Warrants From 712812014-81112014 S, Check ~umber Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 00227290 31-Jul-14 -----Weaver, John 00227291 31-Jul-14 -----Weaver, John 00227292 @00002794 Western Mower and Engine 00227293 00227294 00227295 00227296 00227297 00903130 00903141 00903142 00903143 00903144 en CD 31-Jul-14 -----Williams, Erin @00002920 Williamson, Harry -----Wolfe, Jason @00002943 Wolpert, Joseph @00003216 zumar Industries Inc 30-Jul-14 @00007257 CaiPERS 28-Jul-14 @00010569 U.S. Dept. of the Treasury 28-J ul-14 @0001 0570 Employment Development Department @0001 0571 Garnishment Recipient 31-Jul-14 @00003081 State Board of Equalization 903145 31-Jul-14 @00003518 Union Bank-San Diego 3 C" CD ... N MDRAOS-074 project expired -refund fees 222 0305 5740 100 MDRAOS-074 project expired -refund fees 510 0305 5740 100 MDRAOS-074 project expired -refund fees 251 0301 5740 100 Total for Check 00227290 MDRAOS-74 project expired-release of erosion control secu 761 8875 5980 900 6282 Weed Eater repair part 100 0418 4308 300 7111 Echo Power Pruner 231 0412 4799 300 7222 Weed Eater repair part 100 0418 4308 300 7389 SE418 & 501: carb stem tubes 611 0413 4799 300 7401 Replacement Blower 100 0418 4799 300 Total for Check 00227292 2008650.001 Deposit Refund OPP Permit #13380 100 0205 7471 400 TS EXAMFEE TS exam fee, 6/20/14 510 0402 4924 300 12004700-45 Closing Balance Refund, Overpayment, 120047 510 8120 2091.109-1 0.14A Instructor Payment Summer 2014 100 0208 4118 400 0153668 50 Caps for Hollow Tube 211 0411 4514 300 073014 PE#14 PERS EFT Debit for PE#14 100 8722 072814 PE#15 Payroll W/H EFT for PE#12 100 8621 072814 PE#15 Payroll W/H EFT for PE#12 100 8624 Total for Check 00903141 072814 PE#15 Payroll W/H EFT for PE#15 100 8622 072814 PE#15 Payroll Garnishment 100 8620 1 005654 75-0614 Sales Tax 2nd Qtr Apr-Jun 2014 100 8644 1 005654 75-0614 Sales Tax 2nd Qtr Apr-Jun 2014 100 0103 5720 100 Total for Check 00903144 073114 DISC BEN Flexible Spending Register Jul2014 100 8016 073114 DISC BEN Flexible Spending Register Jul2014 100 8625 073114 DISC BEN Flexible Spending Register Jul2014 100 8016 Total for Check 00903145 N 0 ..,I, Director of Administrative Services Approved ~ -Register Total ol:lo S" 3 ~ ..,I, N Date -=~+·L-L4ff1-.q.f--==t=="=-- CheckAmt 990.00 140.00 4,500.00 10,050.00 2,000.00 401.64 575.79 148.82 131.63 291.55 1,549.43 100.00 155.00 91.05 855.00 480.44 155,'167.88 71,395.72 17,621.44 89,017.16 24,876.81 1,017.21 2,733.70 0.30 2,734.00 -5,957.00 5,957.00 5,957.00 5,957.00 3,162,185.98 DATE: City of Poway COUNCIL AGENDA REPORT September 2, 2014 APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D CONTINUED ____ _ Resolution No. TO: FROM: Honorable Mayor and Members of the City Council Daniel Singer, City Manager X<..d. INITIATED BY: Sheila R. Cobian, City Clerk~~ SUBJECT: Approval of Minutes Summary: The August 5, 2014 City Council Regular Meeting Minutes are attached for approval. The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the Council approve the August 5, 2014 Regular Meeting Minutes as submitted. Fiscal Impact: None. Environmental Review: Environmental review is not required according to CEQA guidelines. Public Notification: None. Attachment: A. August 5, 2014 City Council Regular Meeting Minutes 1 of9 September 2, 2014 Item# 1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES August 5 , 2014 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (MeeUng Called to Order as City CounciVCity of Poway Planning Commission/Poway Housing Authority/Public Rnanclng Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Higginson called the Regular Meeting to order at 7:04 p.m . ROLL CALL Cunningha m , Vaus, Mullin, Grosch , Higginson STAFF MEMBERS PRESENT Daniel Singer, City Manager; T ina White, Assistant City Manager; Morgan L. Foley, City Attorney; Sheila R. Cobian, City Clerk; Robin Bettin, Director of Commu nity Services; Bob Manis, Director of Development Services; Leah Browder, Director of Public Works; Scott Edwards, Director of Administrative Services ; Mark Sanchez, Director of Safety Services; Capta in Jeff Maxin, Sheriff's Department. (Note : Hereinafter the titles Mayor, Deputy Mayor, Councilmember, City Manager, Assistant City Manager, Cjty Attorney, City -8/erk and Director of Administrative Services shall be used to indicat e Mayor/Chair, Deputy MayorNice Chair, Councilmember!Di rector, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attomey!Counsel, City Clerk/Secretary and Director of Administrative Services/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Grosch introduced Chuck Cross, Commander of the American Legion Poway Post 479 , to lead the P ledge of Allegiance . PUBLIC ORAL COMMUNICATIONS Dennis Turner, Genera l Manager of the Poway Home Depot, invited the Council and residents of Poway to attend Home Depot's 1 0-yea r anniversary event scheduled for 12 :00 p .m . on Saturday, Octobe r 18, 2014. 2 of9 9940 September 2, 2014 Item # 1.3 City of Poway-Minutes-August 5, 2014 PRESENTATIONS Mayor Higginson presented the Annual State of the City Address hilighting the accomplishments of the City over the past year and reviewing upcoming projects . He also presented Mayor's Awards to the following : • Poway Historic and Memorial Society in recognition of 50 years of preserving Poway's past. • Joye Davisson in recognition of her volunteerism and contributions to the Poway community . • Rudy Matz in recognition of his contributions to of Poway and our country . He concluded his presentation with a Go-Getter B School Wrestling Coach Wayne Branstetter for his positive influence he has had on young adults in Mayor Higginson declared a recess at 7:55 p at 8:09 p.m. with all Councilmembers 1. CONSENT CALENDAR (Approved by "-J"'-"-.1<:1 Motion by Councilmember Cu approve Consent Calendar discussion. Motion carried by L.I.\AI<:Irn to Poway High 36 years and the by Councilmember Vaus to Item 1. 7 was pulled for h, Higginson 1. 1 Approval of Agenda . of Reading in full of Ordinances on 1.2 1.3 1.4 1.5 Approval Services . for the periods of June 16 through June June 27 , 2014 , and June 30 through July 4 , 2014 . ular City Council Minutes. for League of California Cities Annual Conference 3-5 , 2014 . with D&D Services , Inc. for Dead Animal Disposal 1.6 Award of Contract to CTG Construction , Inc., the lowest responsive bidder for City Facilities Painting 2014/2015, in the amount of $117 ,670 ; RFB No. 15-001 . PULLED FOR DISCUSSION 1.7 Approval of a Temporary Water Connection for the Property Located at 14850 Valleyview Road; Tom Carter, Owner/Applicant; APN : 277-020-15 . 3 of9 9941 September 2, 2014 Item # 1.3 City of Poway-Minutes-August 5, 2014 Councilmember Mullin confirmed with staff that Temporary Water Connections and the permit requirements would be a topic for discussion at an upcoming Council Meeting . Motion by Councilmember Mullin seconded by Councilmember Cunningham approving a Temporary Water Connection for the Property Located at 14850 Valleyview Road; Tom Carter, Owner/Applicant, APN : 277-020-15. Motion carried unanimously. 2 . ORDINANCE (Ordinance(s) that do not require a Public Heari 2 .1 None. (see Item 3 .2) 3 . PUBLIC HEARING Council concurred to hear Item 3 .2 prior to Public 3 .2 Approval of Environmental Assessment 14-002; an Ordinance of the City Municipal Code pertaining to regul residential areas; and, a Resolution 4 of9 establish processing fees pertaiQing to ante!rin:a'Oertnits • Antenna installations up to 35 feet in height with a Building Permit only , if required pursuant to the California Building Code . • The Building Permit applicant provides notice to contiguous properties . • Antenna installations over 35 feet up to 65 feet in height require a Minor Antenna Permit. • City to provide notice to properties within a 500-foot radius of project. • Minor Antenna Permit acted upon by staff. • Staff action appealable to City Council. • Antenna installations over 65 feet in height require an Antenna Permit. • City to provide notice of proposed Antenna Permit to properties within a 500 foot radius of site. 9942 September 2, 2014 Item # 1 .3 City of Poway-Minutes-August 5, 2014 Speakers in Support of Ordinance 1: Felix Tinkov and Charles Ristorcelli Speaker in Support of Ordinance 2 : Steven Stone Submitted a Speaker Slip in Support of Ordinance 1 but Did Not Speak: Chuck Cross, Bob Barrie , Glen Peterson , Stephen M. Early, Howard Groveman, Mark Schlesinger, Brian C. Tagg , David Haessig , Kevin Walsh , John Vissat, Bruce Kripton , Darlynn Barrie , David Schreck, Roy Parkhurst, Conny Parkhurst , Richard Thompson , Jo Ashley, Jerry Carter, Harry Hodges, Martin Leblang , Scott Carroll , Pat Bunsold , Dr. HowardS. White, Roger Hart, John Ty Cathy Haessig , Tom Moore, Pam Moore, Richard Norton , Barbara Denny, Dr. Jay Doucet, William Hennessy, Dan Phillips , Michael Neale, Larry Kent, Aqbe[t Reichman, Jim Slagle , Dolores Ruzicka , Greg Smith , Kelly Hall , Phil w• ~Frankfurth, Geri Long , Tim Paulick , Ron Earl , Jackie Groveman , Micp~1 t'rightoW&r~ Caitlin Binder, Gayle Olson , Glen Johnson, Steve Ruesch , Ken WiftQ , Wayne Zlrii).erman, Immanuel Albrecht , Len Schumacher, Oleh K skyy, Noel Enca · cion , Michael Oberbauer, Justin Owens, Michael ~irider . Glenn Moore, Joshua Gwens, John Akins , Jessica Owens, Sky Moore, ~y Van~Ofi(Om , Darrell l.s. Chuck Macdonald , Timothy Everingham In response to an inquiry f10f)l Councilmember Cunningham , Director Manis explained that Ordinance 1 would ~ a building permit only for antennas up to 65 feet and staffs decision would not oe,.~alable to the Council. Councilmember ~m exPf8$sed concerqs elating to the fact that a resident may ~ holile, rom vaoatidn and find a 64 foot antenna in their neighbor's y Without anf:~Pvance 'Aotice . He spoke in favor of establishing an appeal proceSJ for permitS " at have beef~ denied and for adjacent neighbors that may not be in favQJ~.of t · ot.a proposed antenna. Councitmember. Cun ,. ham suggested that if Ordinance 2 is selected , a separate CO!!"'esy notice. se ~urrounding neighbors that a Minor Antenna Permit ~ication has ~ s ·tted and that installation of an antenna will be occur, ing . Coundlme(Tlber Vaus~oke in support of Ordinance 1 . He stated that notification to neighbOIS occu •h Ordinance 1; however, the courtesy notice will not create an unrealistic exPe..cfation that the neighbor can cause the denial of an antenna permit. Council member Mullin spoke in favor of Ordinance 1; however, suggested that the notice be provided by the City and designed in a manner that clearly states it is a courtesy notice. Deputy Mayor Grosch requested that the record reflect that the City chose the height of up to 65 feet for amateur radio antennas because studies have shown that due to the topography of Poway, the reasonable height of an amateur radio antenna is up to 65 feet. 5 of9 9943 September 2, 2014 Item# 1.3 City of Poway-Minutes-August 5, 2014 De puty Mayor Grosch spoke in support of Ordinance 1 with the City provid ing notice to property owners within 500 feet of the applicant's property. Mayor Higg inson also spoke in favor of Ordinan ce 1. He commented that he would prefer the courtesy notice be worded in a manner easily understood by Poway resid ents . In response to Councilmember Cunningham , Director Manis confirmed that public notice would be provided by staff to ne ighbors withjn 500 feet for antenna applications higher than 65 feet. Councilmember Cunningham suggested that appliCations for antennas between 35 feet and 65 feet also receive a 500 foot notici!)g. radius . H ~requested that Coun cil consider approving Ordinance 2 with a waivet on he $500 pe~ !~e for a period of one year and that the City provide the neoessary neighbor notifiC8JI011 . Councilmember Mullin stated that he c suppo ~ Or9inance 1. HbWever, would like the Ordinance to be amended to inclUde a c~s y notice provided by staff to neighbors with in 250 feet of th ~appli cant 's home r antenna applications up to 65 feet. Coun ci lmember Cunningham s~e in favOr of reviewing the Ordinance in one year to ensure there are no un iJt\e nded ~enoes relating to a resident 's ability to appeal a~"applicatlt»ns to the City Coynci l. City Attorney f fey commi!Jed tha Ordinance 1 was structured in a way that required the'-aJiplicant to JIJ!Vide proof o { notice prior to submitting the antenna application .. He bt~e ~. -"ibat regtJiring staff to provide the notice would result ~n--a delay in ~sing the~cat1ons . stated that the notice should be provided ten days Director Manis expl~d that Ordinance 1 had been written so that the antenna applicatjons requirinSJOnly a building permit would allow for the applicant to show proof of notif.catio 1o,.expedite the issuance of the permit. Coun cilm ember Vaus suggested that the notice be provided by the City concurrent with is suan ce of the permit. City Attorney Foley requested Council provide d irection on how much time staff would have to provide the notice once an application is rece ived . He explained that staff had re commended that the applicant provide proof of noticing to expedite the process . 6 of9 9944 September 2, 2014 Item # 1.3 City of Poway -Minutes -August 5, 2014 Councilmember Mullin suggested that the appl icant be required to provide the mailing labels as would an applicant for any other discretionary permit so that the notice cou ld be mailed almost simultaneously with receipt of the application . Mayor Higginson sta ted that to expedite the processing of the permits, he would be in favor of the applicant providing the notification to property ow ners as was originally recommended by staff in the Ordinance . However, he suggested noticing be provided to property owners within 250 feet of t he subject property rather than just the contigu ous properties . C~un ci l discu.ssion. ensued regarding ~heir su pport for ~ay?r's su ~gest io~ and retterated the1r des1re to have a report 1n a year on #ie Ordinance ts worktng . Motion by Councilmember Mullin seconded<>b ouncil~ber Vaus to close the public hearing and Adopt Resolution o. 14-047 adOpting a Negative Declaration for Zoning Ordinance Amendment 14-002; and, .. pt Resolution No. 14-048 amending the Master Fee Schedule to jldd proces fees for an antenna permit and related rehearfns& and, Introduce Ord i nanse No. 771 amending Chapters 17.08, 17.18, and 1? and adding Chapter 17.31 to Title 17 of the Poway Municipal Code pe~Vlo Amateur Radio Antenna Installations (Zoning Ordin~ Amendmen . 02) amended to include the following modification: 17.31.050 Public Notice. A For antenna installations up to 65 feej in heighf, Which require a Building Permit, notice snail bfl'.-given to all o9Rii§I:JOI:J8" ~rty owners within 250 feet of the subiect properly. Notice shaft be provided by the Building Permit applicant at the time the Buildin g Perm it application is submitted to the City. The appficant shall provide certificatiOn of the conducted notice to the City before the issuance aftne~kiiog Permit. Motion carried unanimously. 3 .1 Co . • '!.?:l a "ResZ iution Renewing the Fire Protection Tax, the Street and u .. ,..._,. and S~~ Ass.ents, and the Road Improvement Assessments to be Co lected on t he'Praperty'tax Rolls for Fiscal Year 2014-2015 . 7 of9 Directbc of AdministratiVe Services Scott Edwards presented this item . No speakeis. Motion by Counct member Vaus seconded by Councilmember Mullin to close the public heanng and adopt Resolution No. 14-046 entitled "A Resolution of the City Council of the City of Poway, California, Renewing the Fire Protection Tax, the Street and Water and Sewer Assessments, and the Road Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 2014-2015." Motion carried unanimously. 9945 September 2, 2014 Item # 1.3 City of Poway-Minutes-August 5, 2014 4 . STAFF REPORTS 4 .1 Approval of a Resolution Declaring a Level 2 Water Shortage Alert per Poway Municipal Code Chapter 8 .94 -Water Conservation Plan and Enhanced Water Conservation Program . 8 of9 City Manager Dan Singer presented the staff report and reviewed a PowerPoint presentation. Mark Weston, the City of Poway's representative on the San Diego County Water Authority Board , gave an overview of the drought cond · impacting the state of California . Speaker in Support: Tom Moore Councilmember Vaus suggested the City find flushed from the fire hydrants and use it e re the water that is Councilmember Mullin encouraged staff of reclaimed water for irrigation Deputy Mayor Grosch stated that the conservation efforts . He also ex1:>resse!a rebates being offered by Water District. Mayor Higginson suggested th on the City's webs· should lead by example in ng to the complexity of the Authority and Metropolitan rOI ~::JTflrln~lrl"'l the rebates be placed 1\Yt>Ef~~~~:>r residents to follow . neil Member Vaus ' inquiry about flushing nwaer explained that due to the velocity this time there really is not a way to that although the County is the agency that permits they consult with the City or local water agency well permits. ember Cunningham seconded by Mayor Higginson to o. 14-049 entitled "A Resolution of the City Council of the City of , California, Declaring a Level 2 Water Shortage Alert, Consistent with Chapter 8.94 of the Poway Municipal Code, Establishing Mandatory Water Conservation Measures;" and Authorize the transfer of funds from the Public Works operating budget (401) and close-out of the Water Treatment Plant Corrosion Repair Project (Project 1760) to the Water Conservation Program (Fund 1167) to enhance current water conservation programs and activities; and direct any other actions Council deems appropriate. Motion carried unanimously. 9946 September 2, 2014 Item# 1.3 City of Poway-Minutes-August 5, 2014 5. WORKSHOP 5.1 None. 6 . CITY MANAGER ITEMS No report. 7. CITY ATTORNEY ITEMS No report. 8. MAYOR AND CITY COUNCIL-INITIATED ITEMS Councilmember Cunningham 8.1 "Hike, Bike and Ride across Poway" -(verbal Councilmember Cunningham stated that he across Poway" presentation at a future meeti Councilmember Cunningham announced th launching the "Council Challenge" neighboring agencies participate in Councilmember Vaus 8.2 Water Saving Tips . Councilmember Vaus water. If residents 4 ,000 gallons of Councilmember Pendleton . ps will be Councilmembers from September 6 , 2014. shorter showers to save a day, they will save up to a dinner hosted by Camp of the City address was easy to present this year I and staff. He gave special acknowledgement to ards who did a fabulous job assisting with the The meeting was 9 of9 Sheila R. Cobian , CMC City Clerk City of Poway , California 9947 September 2, 2014 Item # 1.3 APPROVED D APPROVED AS AMENDED D (SEE MINUTES) City of Poway COUNCIL AGENDA REPORT DENIED D REMOVED D CONnNUED ________ __ RESOLUTION NO. ___ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager~ Leah Browder, Director of Public Workdt ;)dl.., Tom Howard, Public Works Utilities Matfager 'lf!Jd' Award of -contract for Storm Water and Wastewater Spoils Removal, Transport, and Disposal Service, RFP 15-001 A notice inviting proposals for Storm Water and Wastewater Spoils Removal, Transport, and Disposal Service was duly advertised on July 10 and 17, 2014. Two proposals were received and opened on July 30, 2014. United Storm Water, Inc. was selected as the vendor best meeting the evaluation criteria. The first term of the Contract is one (1) year and ten (10) months beginning September 3, 2014 through June 30, 2016. The Contract may be extended through a total of three separate one-year extensions. The maximum length of the Contract would be up to five (5) years.· Recommended Action: It is recommended that the City Council award the Contract for Storm Water and Wastewater Spoils Removal, Transport, and Disposal Service, RFP 15-001, to United Storm Water, Inc., and authorize the City Manager to execute the necessary documents. Background: This Contract is to perform storm water and wastewater spoils testing, removal, transport, and disposal service. It is estimated that four times per year (or quarterly) the City will request the Contractor to haul and properly dispose of approximately 26 tons (20 cubic yards) of spoils, for a total of approximately 104 tons (80 cubic yards) per year of the Contract. The City will load the spoils on-site (from City's Materials Handling Yard in Poway) into the selected Contractor's conveyance vehicle(s). The spoils must be laboratory tested and disposed of at a properly permitted disposal facility based on laboratory results. Findings: Two proposals were received and opened on July 30, 2014. Staff determined that United Storm Water, Inc. best meets the City's requirements. Evaluation criteria for the proposals included experience and ability to perform, including, but not limited to, experience and history of the firm, as well as upon the amount proposed. 1 of6 September 2, 2014 Item# J. L/ ~~~-~---------------- Award of Contract for Storm Water and Wastewater Spoils Removal, Transport, and Disposal Service, RFP 15-001 September 2, 2014 Page 2 The length of the initial Contract is one (1) year and ten (1 0) months beginning September 3, 2014 through June 30, 2016. The Contract may be extended subject to Council appropriation of funds through a total of three separate one-year extensions. The maximum length of the Contract would be up to five (5) years. Fiscal Impact: A total of $43,500 is budgeted in the following division budgets for Fiscal Year 2014/2015; 402, 403, 404 and 405-2900 and 411 and 412-2910. These funds should be sufficient to cover expected costs. Environmental Review: This action is not subject to CEQA review. , Public Notification: A copy of this report has been sent to United Storm Water, Inc. Attachment: A. Contract and Proposal Tables. (The entire Contract and RFP are on file with the Office of the City Clerk.) 2 of6 September 2, 2014 Item# jJ_ CONTRACT STORMV~AfER-ANb WASTEWATER SPOILS REMOVAL, TRANSPORT, AND DISPOSAL SERVICE THIS CONTRACT, made and concluded, this 3rd day of September, 2014, between the City of Poway (hereinafter collectively referred to as "City"), and United Storm Water, Inc. hereinafter referred to as "Contractor." The initial term of the contract is from September 3, 2014 to June 30, 2016. The Contract may be extended with a total of three (3) separate one-year time extensions. Each extension will be dependent on the appropriation of funds by the City Council. Adjustments to service costs are based on Section II, item 29, Contract Renewal. ARTICLE I. That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the bonds attached hereto, if any, Contractor agrees with City at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the Specifications (attached hereto, at Section 3) necessary to construct and complete in good, workmanlike and substantial manner, all to the satisfaction of the City of Poway, in accordance with the Special Provisions for this project as set forth herein. ARTICLE II. Said Contractor agrees to receive and accept as full compensation for furnishing all materials and doing all the work contemplated and embraced in the Contract an amount equal to the sum of the totals for the items of work. The total for each item of work shall be calculated by determining the actual quantity of each item of work and multiplying that actual quantity by the unit price proposal by the Contractor for that item of work. Contractor further agrees to be responsible and hold City harmless from all loss or damage arising out of the nature of work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by City. Contractor agrees to be responsible and hold City harmless from all risks of every description and under the control of Contractor pursuant to the terms of the Contract, and connected with Contractor's performance of this Contract. The Contractor is responsible for all expenses incurred by or in consequence of the suspension or discontinuance of work, and/or faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and requirements of the City. ARTICLE Ill. The City hereby agrees and promises the Contractor to employ, and does hereby employ, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices stated, and hereby Contracts to pay the same at the time, in the manner, and upon the conditions above set forth. Said parties for themselves, to their heirs, executors, administrators, successors and assigns, do hereby agree to full performance of the Covenants herein contained. ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of proposal conflicting herewith. ARTICLE V. Contractor shall defend and otherwise hold City harmless from any and all claims, complaints, causes of action, of any nature whatsoever, arising from Contractors performance of the Contract. In performance of this Provision, Contractor shall name City as additional insured on a policy of general liability as required per Section II, item 20. The Covenant 3 of6 ATTACHMENT A September 2, 2014 Item# f. Lf contained herein applies to all sums paid as a result of the above claims, including court costs and reasonable attorney fees whether or notthe matter results in judgm~nt ARTICLE VI. Pursuant to Public Contract Code Section 22300, provisions for substitution of securities for performance retentions will be allowed. ARTICLE VII. EACH AND EVERY COVENANT, CONDITION AND PROMISE contained in the Specifications, General Provisions and Special Provisions for said project are herein incorporated by reference as if fully set forth herein and constitute a material part of the consideration to the City in entering into this Contract with Contractor. (All Items in the Contract will be the same as in the Proposal.) IN WITNESS WHEREOF, the parties to those present have hereunto set their names in the year and date first above written. Contractor: Signature Title: Signature Title: City Manager of the City of Poway: -------- ATTEST: City Clerk: ------------------- APPROVED AS TO CONTENT: Director of Public Works: ______________ _ APPROVED AS TO FORM: City Attorney: _______________ _ 4 of6 September 2, 2014 Item# I.L/ _ PROPOSAL TABLE/ACKNOWLEDGEMENT PROPOSAL: COST PER TON The Contractor's cost proposal shall include the total charge per ton for the removal, transport, and disposal of hazardous material, and the total charge per ton for the removal, transport, and disposal of non-hazardous material. THE COST PER TON FOR ALL PROPOSAL AMOUNTS INCLUDES THE FOLLOWING: • The Contractor's expense for laboratory analysis of the spoils, as required by law; • All other costs for the legal removal, transport, and disposal of the spoils per all federal, state, and local requirements and regulations; and • The Contractor's expense for any and all transportation, standby rate for trucks, administration, demurrage, and per diem costs for the removal, transport, and disposal of the spoils. For your information, previous laboratory analyses have shown the spoils to be non- hazardous material. 1) PROPOSAL: HAZARDOUS SPOILS REMOVAL, TRANSPORT, AND DISPOSAL RATE PER TON ·:, $ Ill..~ !! .. _ _:__1.:....:()~------·PER TON _,_Q"--""-=~=----«=---lA.-'f\_J__;__.._:_P._.e_J_r;,_._~-i--;--E-'----<::, ~,_~ _______ DOLLARS --------~2:~~~~--o-----===========~========~----CENTS *** * ******** "*"***** * *** * * *** * * * *'* 2) PROPOSAL: NON-HAZARDOUS SPOILS REMOVAL, TRANSPORT, AND DISPOSAL RATE PER TON If: $ \2-0 ~ PER TON _o_---""1\~....::...._.....:H_u._A_d_~.!:..._~_~=----\l-'--'w...:::___:-e....c..:..""'-t_~l'F----------DOLLARS ----------~~~~~~-0=-___________________________ CENTS *******************************•* 3) PROPOSAL: DISPOSAL FUEL SURCHARGE(applied to rates 1 and 2 above) $ $0.00 FUEL SURCHAGE PER TON, applied over$ $0.00 per gallon rate --------------z_E_R_o _______________ DOLLARS _________________ Z=E~R~O _______________ CENTS 17 •• (NON-RCRA Hazardous Waste Only, Excludes RCRA Hazardous Waste) -¥ B•'J ep_jc;.4> .iS .ba.~eJ t~~-fO"'\ tu.ll +tu.cil... Jac;tlS 5 of6 September 2, 2014 Item# f.~ ACKNOWLEDGEMENT: Title ***************************************** Notice of acceptance or requests for additional information will be addressed to proposing Contractor at the email address stated below: Business Name/Proposing Contractor Please Print: United Storm Water,<lnc. Authorized Agent or Officer: Eduardo Perry Jr. Title: President Address: 14000 E. Valley Blvd., City of Industry, CA. 91746 Service Address: 14000 E. Valley Blvd., City of Industry, CA. 91746 Telephone No. _8_77_-_71_7_-8_6_76 _____ _ Fax No. 626-961-3166 Email billy@unitedstormwater.com Hazardous Waste Transporter License -CA Expiration Date: __ 8t_3_1t_20_1_4 __ _ Dept. of Toxic Substances Control 6/30/2015 Hazardous Waste Transporter License -Expiration Date: ______ _ California Highway Patrol City of Poway Business Certificate: Expiration Date: __ 9_1_2t_20_1_5 __ _ Remainder of Page Left Blank Intentionally] 18 6 of6 September 2, 2014 Item# f. tf APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) City of Poway COUNCIL AGENDA REPORT DENIED 0 REMOVED 0 CONTINUED ____ _ RESOLUTION NO. ___ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager<Z)4~ Leah Browder, Director of Public Works'>p Pat Ryan, Public Works Operations Manager Award of Bid for City Facilities Roofing 2014/2015, RFB 15- 003 A notice inviting bids for City Facilities Roofing 2014/2015 was duly advertised on July 17 and 24, 2014. Six companies attended a pre-bid meeting and site visits on July 23, 2014 and three bids were received and opened on August 6, 2014. Staff reviewed the bids and determined the lowest responsive bidder to be J.P. Witherow Roofing Company. Recommended Action: It is recom111ended that the City Council re-appropriate $109,320 in unexpended funds to project account City Facilities Roofing Repair-3500E, award the bid for City Facilities Roofing 2014/2015, RFB 15-003, to J.P. Witherow Roofing Company, and authorize the City Manager to execute the necessary documents. Background: The roofing projects bid package (RFB 15-003) included the re-roofing of nine City of Poway buildings in various locations citywide. The total roof area for the nine buildings is approximately 11,770 square feet. The project includes removal and replacement of the roof material, fascia, flashing and sheathing including meeting Title 24 and proper asbestos removal and handling as required. Two types of roof materials being used on this project are 20-year warranty Composition Asphalt Shingles and 20-year warranty Thermoplastic Polyolefin (TPO) membrane. Asbestos testing performed by the City of Poway at various City facilities indicates the presence of asbestos at two of the roofing project sites and test results were included in the bid package. The roof at Camelback Pump Station tested positive for 2% Chrysotile and the roof at Community Road Pump Station tested positive for 5% Chrysotile. Additional information and abatement requirements were contained in the Technical Specifications of the bid. 1 of 2 September:2, 2014 Item# /. ~ Award of Bid for City Facilities Roofing 2014/2015, RFB 15-003 September 2, 2014 Page 2 Findings: Three bids were received and opened on August 6, 2014 and three were found to be responsive to the requirements of the Request for Bids. The lowest responsive bid was received from J.P. Witherow Roofing Company for $74,299.00. Bid results are as follows: Company Bid Amount J.P. Witherow Roofing Company $74,299.00 Excalibur Roofing Services, Inc. $170,242.00 Best Contracting Services, Inc. $192,640.00 Due to the timing of the bid release and award of bid spanning fiscal years, it is also necessary at this time to re-appropriate funding originally identified in the Fiscal Year 2013-2014 budget for this project. Fiscal Impact: Council approval of staff recommendation authorizes the re-appropriation of $109,320 in unexpended funds to project account City Facilities Roofing Repair -3500E, originally appropriated with adoption of the FY 2013-14 budget (account 0105-4304). Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report has been sent to J.P. Witherow Roofing Company. 2 of 2 September 2, 2014 Item # /. s- City of Poway APPROVED D APPROVED AS AMENDED D (SEE MINUTES) DENIED D REMOVED D ~~s·"-;/ COUNCIL AGENDA REPORT CONTINUED ________ __ RESOLUTION NO. ___ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager ~4. Leah Browder, Director of Public Works·~ Resolution Approving a Public Works Mutual Aid Agreement with the County of San Diego for the County of San Diego Operational Area The City of Poway and the other 17 cities within the County of San Diego have been asked by the County to sign a Public Works Mutual Aid Agreement. The Agreement sets forth the procedures and responsibilities for all participating jurisdictions to provide· and receive coordinated emergency response assistance through the Emergency Operations Center (EOC) to the Operational Area. This document allows the EOC to locate and procure resources for initial assistance to Poway until the City can sustain operations. The Agreement also serves as necessary documentation for reimbursement. Recommended Action: It is recommended that the City Council adopt the Resolution Approving a Public Works Mutual Aid Agreement with the County of San Diego for the County Operational Area and authorize the City Manager or designee to execute the necessary Agreement with the County of San Diego Office of Emergency Services. Background: In order to assist the City of Poway to ensure optimal preparedness for local, regional, statewide and national emergencies and the City's ability to' take prompt action to protect lives and property of the city and its residents, a Public Works Mutual Aid Agreement is required to formalize emergency response protocols. This Agreement will allow the City to request coordinated assistance through the County EOC in the event of an emergency. Findings: The City of Poway, as well as the other 17 cities in the County, has been asked to sign a Public Works Mutual Aid Agreement. The Agreement sets forth the procedures and responsibilities of the City to both provide and request coordinated assistance through the County Emergency Operations Center (EOC) for our local Operational Area. In the event of an emergency, the County EOC will locate and procure public works resources 1 of 10 September 2, 2104 Item# J.~ Resolution Approving a Public Works Mutual Aid Agreement with the County of San Diego for the County of San Diego Operational Area September 2, 2014 Page 2 for initial assistance to Poway until the City can sustain operations. The Agreement also serves as documentation for necessary reimbursement and sets forth procedures and responsibilities in the event of an emergency. Fiscal Impact: Any resources expended for other agencies will be reimbursed in accordance with the Agreement. Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report has been sent to the County of San Diego Office of Emergency Services. Attachments: A. Resolution Approving a Public Works Mutual Aid Agreement with the County of San Diego for the County of San Diego Operational Area B. County of San Diego Operational Area Public Works Mutual Aid Agreement 2 of 10 September 2, 2014 Item# 1JL RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A PUBLIC WORKS MUTUAL AID AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE COUNTY OF SAN DIEGO OPERATIONAL AREA WHEREAS, the City of Poway (the "City") has experienced local, regional, statewide and national emergencies, requiring the use of emergency personnel, equipment, facilities and other resources in order to address the emergency situation and to take prompt action to protect the lives and property of the City, and its residents and property owners; and WHEREAS, local, regional, statewide and national emergencies cannot be predicted, but can be quickly and efficiently addressed through appropriate preparation and assistance, including through agreements among regional jurisdictions to provide mutual aid in the provision of personnel, equipment, facilities and other resources; and WHEREAS, the City is required to prepare for, and respond to, emergencies based on the Standardized Emergency Management System ("SEMS"), requiring the use of mutual aid systems through mutual aid agreements adopted by emergency response agencies, local governments, and other agencies, and throughout the state through a master mutual aid agreement (the "Master Mutual Aid Agreement"); and WHEREAS, the County of San Diego Office of Emergency Services is a regional emergency response agency, and has prepared that certain Public Works Mutual Aid Agreement (the "Agreement") for approval by each of the incorporated cities within the County of San Diego in order to establish the terms and conditions for the provision of mutual aid through personnel, equipment, facilities and other resources in times of emergencies, without jeopardizing the safety of persons or property within each jurisdiction; and WHEREAS, the Agreement is consistent with SEMS, the Master Mutual Aid Agreement, Chapter 1 of Division 2 of Title 19 of the California Code of Regulations, and the California Emergency Services Act (California Government Code section 8550, et seq.). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council hereby approves the Agreement, to be entered into by and among the County of San Diego, the City, and such other cities within the county approving the Agreement from time to time, substantially in the form as presented to the City Council at this meeting with such changes as may be approved by the City Manager or designee. Section 2: The City Manager, or such person designated by the City Manager, is hereby authorized to execute the Agreement, and to deliver the Agreement to the 3 of 10 ATTACHMENT A September 2, 2014 Item # lfL_ Resolution No. 14- Page 2 County of San Diego Office of Emergency Services. The execution of the Agreement by the City Manager or designee shall be deemed approval of any changes in the Agreement at the time of execution. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, at a regular meeting this 2nd day of September, 2014. ATTEST: Sheila R. Cobian, CMC, City Clerk STAfE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Don Higginson, Mayor 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 2nd day of September, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 4 of 10 Sheila R. Cobian, CMC, City Clerk City of Poway September 2, 2014 Item# if_ County of San Diego Operational Area Public Works Mutual Aid Agreement This Mutual Aid Agreement is made and entered into by those parties who have adopted and signed this agreement. WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Land Use, and all eighteen ( 18) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Public Works Mutual Aid Agreements throughout the County of San Diego; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's public workers to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, all parties must use the Standardized Emergency Management System (SEMS) in order to be eligible for possible state funding of response-related personnel costs pursuant to activities identified in the California Code of regulation; In consideration of the conditions and covenants contained herein, the parties agree as follows: 1. For this Agreement, following meanings: the following terms shall be ascribed the 5 of 10 a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, County of San Diego Operational Area Public Works Mutual Aid Agreement 1 ATTACHMENT B September 2, 2014 Item# J.(p transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Arean for the coordination of Public Works Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works operational area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 17 hereinafter. 3. When a local emergency has been proclaimed by a party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities are available without jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. The Requesting party shall be responsible for the safekeeping of the resources provided by the assisting party. The Requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. The requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. The assisting party's personnel shall not be deemed employees of requesting party and vice versa. 6 of 10 County of San Diego Operational Area Public Works Mutual Aid Agreement 2 September 2, 2014 Item# .f1!_ 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the assisting party incurred as a -result of . providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Payment may be delayed if agreed upon by both parties. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the assisting party. 8. DEFENSE AND INDEMNIFICATION 7 of 10 8.1 Claims Arising from Sole Acts or Omissions of a Party Each Party to this MOU hereby agrees to defend and indemnify the other Parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of this MOU. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 8.2 Claims Arising from Concurrent Acts or Omissions The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 8.4 below. 8.3 Joint Defense Notwithstanding paragraph 8. 2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of said Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 8. 4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. 8.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, those Parties may seek reimbursement County of San Diego Operational Area Public Works Mutual Aid Agreement 3 September 2, 2014 Item# f,{, --------~------------------------------- and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 9. This agreement shall in no way abrogate or waive any of the immunities available under Federal, State, and local law and regulations, including but not limited to the California Emergency Services Act, Government Code sections, et, seq. 10. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose. 11. This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 12. Any party may withdraw from this agreement without cause upon delivery of ninety ( 90) days prior written notice to the Agreement Coordinator designated in Paragraph 17 below. 13. To the extent that they are inconsistent with this agreement, all prior agreements for Public Works Mutual Aid between the parties are hereby null and void. 14. Requests for mutual aid assistance under this agreement when more than one city is impacted by a disaster will be channeled through the County of San Diego Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator ( s) may be entered in any court having jurisdiction thereof. 16. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. The County of San Diego Department of Public Works shall act as the initial Agreement Coordinator of this program for the purpose of: 8 of 10 a. Receipt of new members to the agreement. b. Maintaining a current representatives. list of signatory parties and c. Circulating annually a list of all parties and representatives to all signatory parties. County of San Diego Operational Area Public Works Mutual Aid Agreement 4 September 2, 2014 Item# lfL d. Arranging for The party acting responsibilities party and upon agreement. amendments to agreement as may be necessary. as Agreement Coordinator may transfer these to another party with the consent of that notification of the other parties to the 18. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of San Diego Department of Public Works, addressed as follows: 9 of 10 The San Diego County Department of Public Works County Operations Center 5500 Overland Avenue, Suite 310 San Diego, CA, 92123 County of San Diego Operational Area Public Works Mutual Aid Agreement 5 September 2, 2014 Item# f.(, IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. This Mutual Aid Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest: Holly Crawford Director, Office of Emergency Services County of San Diego By: Richard E. Crompton Director, Department of Public Works County of San Diego By: Daniel Singer City Manager City of Poway By: Attest: Sheila R. Cobian, CMC, City Clerk City of Poway B Date: Approved as to form: [Name of Authorizer] Office of County Counsel County of San Diego B Date: Date: Date: Approved as to from: Morgan L. Foley, City Attorney: City of Poway By: Date: Date: County of San Diego Operational Area Public Works Mutual Aid Agreement 6 10 of 10 September 2, 2014 Item# /./, APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED 0 City of Poway COUNCIL AGENDA REPORT CONTINUED ________ __ RESOLUTION NO. ___ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City ManagerJ;2d._J. Robert J. Manis, Director of Development Services~ Steve Crosby, City Engineer ~L Resolution Establishing a 60 Day Amnesty Period for the Processing of Temporary Water Connection Approvals for Existing Unpermitted Temporary Water Connections At the August 19, 2014 City Council meeting, during discussion of Old Coach Estates neighborhood water issues, the City Council directed staff to establish a 60 day City- wide amnesty period during which the owners of property with an existing unpermitted temporary water connection can process a temporary water connection approval for their property without being required to pay the current $2,617 temporary water connection fee. Recommended Action: It is recommended that the City Council approve the attached Resolution (Attachment A) establishing a 60 day amnesty period for the processing of temporary water connection approvals for existing unpermitted temporary water connections. Background: On August 19, 2014 staff presented a report to the City Council addressing Old Coach Estates neighborhood water issues. In the report staff identified seven properties with existing water connections which would have required approval as temporary water connections at the time they were installed. During discussion the City Council directed staff to return to Council with an ordinance to streamline the process for obtaining approval of temporary water connections, and directed staff to establish a 60 day amnesty period for ·temporary water connections. During the amnesty period the owners of property with an existing unpermitted temporary water connection can process a temporary water connection approval for their property without being required to pay the current $2,617 temporary water connection fee. 1 of 4 September 2, 2014 Item# 1.7 Resolution Establishing a 60 Day Amnesty Period for the Processing of Temporary Water Connection Approvals for Existing Unpermitted Temporary Water Connections September 2, 2014 Page Two Findings: The attached Resolution will establish a 60 day City-wide amnesty period during which the owners of property where there is an existing unpermitted temporary water connection can process a temporary water connection approval for their property without being required to pay the current $2,617 temporary water connection fee. The temporary water connection approval will require the satisfying of all other current Municipal Code requirements for temporary water connections in accordance with Municipal Code Section 13.11.1 00, including acquiring all necessary easements. In order to qualify, the temporary water connection must be existing at the start of the 60 day amnesty period, and a complete application must be received before the close of business on the final day of the amnesty period. The amnesty period will begin at 7:30 a.m. on September 3, 2014, and will end at 5:30p.m. on November 3, 2014. Fiscal Impact: The current fee for processing a temporary water connection is $2,617. This fee will not be collected for all existing temporary water connections processed during the amnesty period. Environmental Review: This action is not subject to review under the 2014 California Environmental Quality Act (CEQA) Guidelines. Public Notification: None. Attachment: A. Resolution M:\engserv\Agenda Reports\14 Reports\ Temporary Water Connection Amnesty Period\Report.docx 2 of4 September 2, 2014 Item# 1.7 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING A 60 DAY AMNESTY PERIOD FOR THE PROCESSING OF TEMPORARY WATER CONNECTION APPROVALS FOR EXISTING UNPERMITTED TEMPORARY WATER CONNECTIONS WHEREAS, On August 19, 2014 during discussion of Old Coach Estates neighborhood water issues the City Council directed staff to establish a 60 day amnesty period during which the owners of property on which there is an existing unpermitted temporary water connection can process a temporary water connection approval for their property without being required to pay the current $2,617 temporary water connection fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: A City-wide temporary water connection approval amnesty period is hereby established beginning at 7:30 a.m. on September 3, 2014, and ending at 5:30 p.m. on November 3, 2014, during which the owners of property with an existing unpermitted temporary water connection can process a temporary water connection approval for their property without being required to pay the current $2,617 temporary water connection fee. The temporary water connection approval will require the satisfying of all other current Municipal Code requirements for temporary water connections in accordance with Municipal Code Section 13.11.100. In order to qualify, temporary water connections must be existing at the start of the 60 day amnesty period, and a complete application must be received before the close of business on the final day of the amnesty period. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway ata regular meeting this 2nd day of September 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk ATTACHMENT A STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. Page2 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 2nd day of September, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Sheila R. Cobian, CMC, City Clerk City of Poway 1 of3 APPROVED D APPROVED AS AMENDED D City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED D REMOVED D CONTINUED ________ __ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. _____ _ September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager~_J_ ~------- Robin Bettin, Director of Community Services /' ;7 .. The 2015 Special Olympics World Games Host Town The Special Olympics World Games will be held in Los Angeles from July 25 through August 2, 2015. Organizers are actively recruiting 100 "Host Town" communities to welcome the athletes to Southern California with cultural events, sports training, and relaxation for the three days prior to the opening ceremony: July 21 to July 24, 2015. Poway has been identified as a desirable Host Town community, and has been asked to participate. As a Host Town, the City will cultivate partnerships with all segments of the community to collectively plan a "Poway Welcome" for the athl~tes that will include lodging, meals, and organized activities. On August 13, 2014, staff met with representatives of the special needs organizations in Poway to present the proposal and elicit feedback. The response was favorable a.nd enthusiastic. The estimated cost of hosting a delegation of 75-100 athletes is $50,000. If this request is a'pproved, staff will request an appropriation of $25,000 in the next Quarterly Budget Update for FY 2014-15, and coordinate a community-wide collaboration to raise $25,000 or more through donations, sponsorships, and fundraisers by groups, businesses, and individuals. · Recommended Action: It is recommended that the City Council approve the request to be a Host Town for the 2015 Special Olympics World Games. Background: Founded in 1968, the Special Olympics movement has grown to more than 4.4 million athletes in 170 countries. With the support of more than 1.3 million coaches and volunteers, Special Olympics delivers 32 Olympic-type sports, and more than 81,000 games and competitions throughout the year. Special Olympics is supported by individuals, foundations, and partners. September 2, 2014 Item# L./.1 2 of3 2015 Special Olympics World Games Host Town September 2, 2014 Page2 The Special Olympics World Games will be held in Los Angeles from July 25 through August 2, 2015. It will be the largest humanitarian and athletic event in Los Angeles since the 1984 Olympics. With 7,000 athletes, 30,000 coaches, and an estimated 500,000 spectators, this monumental event will showcase athletic ability and determination, as well as acceptance and inclusion. Organizers are actively recruiting potential Host Town communities to welcome the athletes to Southern California with three days of cultural events, sports training, and relaxation.· One hundred communities from San Luis Obispo to San Diego will have the honor of becoming official Host Towns for the pre-games celebration from July 21 to July 24, 2015. Locations are evaluated on the availability of lodging accommodations, sports practice facilities, and recreation/entertainment offerings for the athletes, among other criteria. Poway has been identified as a desirable Host Town, and has been asked to participate for the 2015 Special Olympics World Games. Findings: Host Towns play a vital part in welcoming delegations from 177 participating countries to Southern California. Host Towns are also responsible for planning activities for the athletes to introduce them to the community and help raise awareness about the games. Poway has been sought out to be a Host Town because it has active and involved community and business groups; outstanding recreational facilities and amenities; and a unique community charm. Accepting the invitation to be a Host Town is an opportunity to create a rewarding and collective community experience, and a meaningful way for the community to be a part of the Special Olympics World Games. As a Host Town, Poway will provide accommodations for about 100 athletes (typically one or two delegations) to practice and rest before the commencement of the World Games. This includes practice sites, lodging, and meals. The City will also provide athletes an opportunity to participate in social and cultural activities that are unique to Poway. By participating as a Host Town, Poway will be listed on the Special Olympics website, which will connect people from around the world to Poway's unique attributes. Special Olympics organizers estimate the cost for the athletes' transportation, housing, meals, and activities to be $50,000. Based on previous experience, the organizers have seen how Host Towns have successfully garnered the support of community organizations, service clubs, businesses and individuals to provide monetary and in- kind donations to help offset the cost of hosting the three-day stay. If the City Council approves the request to be a Host Town, staff will request an appropriation of $25,000 in the next Quarterly Budget Update for FY 2014-15, and coordinate a community-wide September 2, 2014 Item# lf./ 3 of 3 2015 Special Olympics World Games Host Town September 2, 2014 Page 3 collaboration to raise $25,000 or more through donations, sponsorships, and fundraisers by groups, businesses, and individuals. On August 14, 2014, Community Services staff met with representatives of the local special needs organizations to present the proposal and elicit feedback. Their initial response was favorable. They are very excited about the possibility of Poway being selected as a Host Town for the Special Olympics World Games, and are willing to work with the City on this project. They were also elated at the opportunity for the Poway special needs community to interact and engage with athletes from around the world. Fiscal Impact: The estimated cost of the athletes' transportation, lodging, meals, and activities is $50,000. If this action is approved, staff will request an appropriation of $25,000 in the next Quarterly Budget Update for FY 2014-15, and coordinate a community-wide collaboration to raise $25,000 or more through donations, sponsorships, and fundraisers by groups, businesses, and individuals. Environmental Review: This action is not subject to CEQA review. Public Notification: None. September 2, 2014 Item # Lf./ City of Poway COUNCIL AGENDA REPORT APPROVED CJ APPROVED AS AMENDED CJ (SEE MINUTES) DENIED CJ REMOVED CJ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: CONTINUED ________ __ September 2, 2014 Resolution No. Honorable Mayor and Members of the City Council Daniel Singer, City Manager )g...O. Leah Browder, Director of Public Works1' Eric Heidemann, Public Works Administrator Property Assessed Clean Energy (PACE) Programs - Expanding Program Participation Several Property Assessed Clean Energy (PACE) programs have requested that the City take the necessary steps to allow the programs to operate within the city boundaries. These programs offer property owners a financing option for qualifying renewable energy, energy and water efficiency and electric vehicle charging infrastructure projects through the PACE program adopted by the California Legislature. Authorization to implement the program requires adoption of several Resolutions and agreements, but should have minimal ongoing impact on staff resources and no fiscal impact on the City of Poway. However, it is important that consumers are aware these are not City programs. Rather, City staff, in response to interested property owners and in light of several other cities allowing these programs, now recommends the City allow use of its taxing authority, as permitted by law, for property owners to access these financing programs. As with any undertaking of this type, consumers are responsible for performing their own due diligence, carefully comparing available options and completing their own analysis to understand what they are undertaking and determine how best to proceed for their individual circumstances. Recommended Action: It is recommended that the City Council: 1. Adopt the Resolution to participate in the California Home Energy Renovation Opportunity (HERO) PACE program, join the Western Riverside Council of Governments as an Associate Member, and authorize the City Manager to execute all necessary program documents and agreements; 2. Adopt the Resolution to participate in the Figtree Program and authorize the City Manager to execute all necessary program documents and agreements; and 3. Adopt the Resolution approving Associate Membership in the California Enterprise Development Authority (CEDA); 4. Authorize the Mayor to execute the Agreement and any other documents required to join CEDA as an Associate Member; and 1 of75 September 2, 2014 Item# 4.2 Property Assessed Clean Energy (PACE) Programs -Expanding Program Participation September 2, 2014 Page 2 5. Authorize the City Manager to execute the Indemnification Agreement between Renewable Funding LLC in regard to the CaliforniaFIRST program. Background: Before 2008, interested consumers could finance energy efficiency projects through a variety of familiar methods: • Cash • Home Equity Line of Credit (Loan) • Solar Lease • Power Purchase Agreement • Personal loan with third party (e.g. installation firms) With the goal of stimulating increased energy efficiency and use of alternative energy sources by home, business and industrial property owners, several states enacted laws to permit establishment of Property Assessed Clean Energy (PACE) programs, providing an additional financing option. PACE programs provide a mechanism for property owners to finance energy efficiency, water efficiency, and other renewable energy projects on existing residential and commercial structures, utilizing their property as collateral, through a special tax assessment on the property. The contractual assessments are recorded as a lien (in most cases a priority lien) against the subject property, entered in the County roll and collected through the property owner's tax bill at the same time and in the same manner as traditional property assessments. The property tax assessment provides financing for these types of improvements without requiring a down payment or payment of the full or partial upfront capital cost of the improvement. In 2008, AB 811 was enacted in California and established parameters for PACE programs to finance alternative energy sources or greater energy efficiencies for property owners. Later, AB 474 was enacted to expand the scope of AB 811 programs to include water efficiency improvements. In 2012, SB 555 amended the Community Facilities District Law to allow the formation of community facilities districts to finance energy efficiency, water conservation and renewable energy improvements on private property. On January 5, 2010, the City Council approved the City of Poway's participation in CaliforniaFIRST, a statewide AB 811 PACE program offered through California Statewide Communities Development Authority (CSCDA). In doing so, the City joined a large number of other cities and counties throughout California in approving this program sponsored by California Communities, a Joint Powers Authority established by the League of California Cities and the California Association of Counties. Federal Housing Finance Agency (FHFA) Concerns and Impacts FHFA is an independent federal agency which supervises and regulates Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks. Together these enterprises own or 2 of75 September 2, 2014 Item# 4.2 Property Assessed Clean Energy (PACE) Programs -Expanding Program Participation September 2, 2014 Page 3 guarantee more than $5 trillion in residential mortgages. In July 2010, the FHFA issued a statement raising concerns regarding PACE programs. FHFA's primary concerns were related to the first-lien position offered through the PACE programs and the potential effects that position could have on mortgages, either owned or guaranteed by Fannie Mae and Freddie Mac. In a follow-up to its July statement, the FHFA issued a February 2011 directive that prohibited Fannie Mae and Freddie Mac from purchasing mortgage loans secured by properties with outstanding first-lien PACE obligations and required them to undertake other steps necessary to "protect their safe and sound operations from these first-lien PACE programs." As a result of the FHFA's reaction to PACE programs with priority-lien components, most PACE programs stalled and, after some time, only moved forward with commercial projects that were not impacted by the FHFA issues. The program initially joined by the City of Poway (CaliforniaFIRST) fell into this category and was not processing residential PACE projects as a result. The actions taken by the FHFA resulted in lawsuits filed by several plaintiffs, including the State of California, in four federal courts. In March 2013, the U.S. Court of Appeals for the Ninth Circuit found that the FHFA's actions could not be challenged in court. Findings: HERO, Figtree and Ygrene have approached City staff requesting that the City take actions necessary to allow establishment of their programs within the city boundaries. Because Ygrene uses the SB 555 legislation and requires the City to form and administer a Community Facilities District involving significant staff time and expense, that program option is not recommended at this time. Approval of tonight's recommended actions would allow property owners within Poway's city limits the option to finance renewable energy, energy and water efficiency and electric vehicle charging infrastructure projects through the PACE program adopted by the California Legislature. Property owners who wish to participate will finance the installed improvements through either WRCOG, CEDA or Renewable Funding, LLC depending on which PACE program the property owner selects. Program summaries are included as Attachments A, 8 and C. Financing is secured by a voluntary contractual assessment levied on the owner's property, with no recourse to the City. Participation in the program is 100% voluntary and property owners who wish to participate in the program agree to repay the amount borrowed through a voluntary contractual assessment collected together with their annual property taxes. This financing is available for eligible improvement on both residential (generally accommodated by the HERO program at this time and the CaliforniaFIRST program as of September 2014) and commercial properties (generally accommodated at this time by both the Figtree and CaliforniaFIRST programs). 3 of75 September 2, 2014 Item# 4.2 Property Assessed Clean Energy (PACE) Programs -Expanding Program Participation September 2, 2014 Page4 To help mitigate concerns from the FHFA, Governor Jerry Brown included a proposal in the FY 2013-2014 state budget authorizing the California Alternative Energy and Advanced Transportation Financing Authority to establish a PACE Loss Reserve Program through Senate Bill 96. This program was specifically designed to address FHFA concerns through the use of a reserve fund that would reimburse residential PACE programs for costs associated with keeping mortgage interests whole in the event of a foreclosure or forced sale. The Loss Reserve Program will compensate mortgage lenders for losses resulting from the existence of a PACE lien in a foreclosure or forced sale. Claims will be paid from the reserve to the PACE program and may be used as a reimbursement to that program. PACE programs will pay a small administrative fee based on loan volume to help sustain this program. Governor Brown has allocated $10 million for the implementation of this program in the 2013-2014 state budget. The PACE Loss Reserve Program was officially launched in March and is currently active. Tonight's recommended actions take the necessary steps to expand the City's existing PACE program participation contingent on PACE Programs being enrolled in the PACE Loss Reserve Program. Additionally, to be an authorized PACE program in Poway, the lender is required to provide full and understandable disclosures to program applicants. These disclosures include the possibility that participation may trigger acceleration of an existing mortgage and that the participant may be required to prepay the contractual assessments and all associated fees and penalties upon the refinancing or sale of the property. Conclusion: Staff has been involved in tracking the development of PACE programs since 2008. Currently, Poway property owners can access PACE financing opportunities through the CaliforniaFIRST Program. Until recently, CaliforniaFIRST has not provided a residential component, due to the position of the FHFA. Instead, this PACE program focused on commercial and industrial projects. CaliforniaFIRST anticipates relaunching its residential program component in September 2014 and that aspect of the program would be available to Poway property owners immediately. Tonight's action would make another commercial option, Figtree, immediately available to property owners. Figtree also anticipates launching a residential program before the end of this calendar year. Additionally, tonight's action would make available to Poway property owners the residential option of HERO, after its judicial validation that HERO anticipates will be completed before the end of the calendar year. It should be noted that the PACE program implementation process for each of these companies includes a judicial validation component. Judicial validation affirms the soundness of a particular PACE program. Under this process, a lawsuit is filed in superior court asking the court to evaluate and rule on the constitutionality and legality of the program and its district. A successful judicial validation provides both a higher 4 of75 September 2, 2014 Item# 4.2 Property Assessed Clean Energy (PACE) Programs -Expanding Program Participation September 2, 2014 Page 5 level of protection from legal challenges and certainty to government entities, program administrators, and potential or actual capital investors. Both CaliforniaFIRST and Figtree completed successful judicial validation processes as part of initial overall program formation meaning that these programs will be immediately available to Poway property owners upon Council action. HERO undertakes judicial validation quarterly including all new members for that quarter. Should Council accept tonight's recommendations, the City of Poway would be included in HERO's next quarterly validation. The FHFA has maintained a passive opposition to the concept of PACE programs that include a priority-lien component. However, in light of the establishment of the California Loss Reserve Program, the widespread growth of the HERO residential PACE program throughout the state, and the additional requirements the City has imposed on PACE companies, staff is recommending the City expand the PACE options available to Poway property owners. The City Attorney has reviewed the required agreements and resolutions as well as the process required to participate in these programs. Fiscal Impact: Because this is not a City program, there will be no ongoing direct fiscal impact to the City. Costs to date have been indirect associated with tracking this issue, coordinating with program providers, and preparing materials for consideration by the City Council. Environmental Review: This item is not subject to CEQA review. Public Notification: A copy of this report has been sent to Renovate America, Inc. for California HERO, Figtree Financing, and Renewable Funding for CaliforniaFIRST. Attachments: A. Program Summary: California Home Energy Renovation Opportunity (HERO) Program (Page 7) B. Program Summary: California Enterprise Development Authority (CEDA)- Figtree PACE (Page 14) C. Program Summary: CSCDA-CaliforniaFIRST (Page 21) D. HERO: Resolution consenting to the inclusion of properties within the City's jurisdiction in the California HERO Program and approving the amendment to the WRCOG Joint Powers Agreement. Also included in this Attachment is "Exhibit A", an Amendment to the WRCOG Joint Powers Agreement adding the City of Poway as an Associate Member (Page 26) 5 of75 September 2, 2014 Item# 4.2 Property Assessed Clean Energy (PACE) Programs -Expanding Program Participation September 2, 2014 Page 6 E. HERO: Joint Powers Agreement of the Western Riverside Council of Governments (Page 36) F. FIGTREE: Resolution consenting to the inclusion of properties within the City's jurisdiction in the Figtree PACE Program (Page 58) G. FIGTREE: Program Report (copy available in the City Clerk's office) H. FIGTREE: Resolution approving Associate Membership in CEDA (Page 67) I. FIGTREE: CEDA Associate Membership Agreement (Page 70) J. CALIFORNIAFIRST: Indemnification Agreement between Renewable Funding, LLC and the City of Poway (Page 73) 6 of75 September 2, 2014 Item# 4.2 Attachment A California Home Energy Renovation Opportunity (HERO) Program Source: This information was originally reproduced from a March 2013 Center for Sustainable Energy California report: "Residential and Commercial Property Assessed Clean Energy (PACE) Financing in California" and was updated by HERO representatives in August 2014. Acknowledgement: This information is not intended to be all inclusive. As with any undertaking of this type, consumers are responsible for performing their own due diligence and analysis when determining how best to proceed for their individual circumstances. Overview: California HERO Program is a statewide Residential and Commercial PACE Program which encourages an open-market approach. This means that Cities and Counties may make multiple programs available to their constituents, including California HERO. The California HERO Program was developed by the Western Riverside Council of Governments (WRCOG) and their partners which enable Cities and Counties to make HERO available to their constituents. WRCOG is a joint powers authority that enables any City and County in California to become associate members. The California HERO Program contracts with Renovate America and Samas Capital to provide financing for the residential and commercial markets respectively. California HERO only funds projects on residential and commercial properties in jurisdictions that have joined its Program. Funding: The HERO Program is authorized to issue up to $2 billion in bonds to finance eligible improvements. Renovate America and Samas Capital have committed $300 million to fund this Program. Status: As of July 23, 2014, the HERO website indicates that they are active in 167 California cities. San Diego county approvals include Carlsbad, Coronado, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, Oceanside, San Diego, San Marcos, Solana Beach, Unincorporated County, and Vista. Attachment A 1 7 of75 September 2, 2014 Item# 4.2 As of July 2014, the company indicates that it has funded over 14,000 projects valued at over $260 million; created 2,300+ jobs; contributed over $484 million to economic stimulus; generated over $12 million in utility savings; and reduced emissions by 25,000 tons. Underwriting Criteria for Program Participation: Residential HERO • Applicant property owner must be the property owner of record. • Property owner must be current on their property taxes for the prior 12 months. • Property owners must be current on all property debt at the time of funding and cannot have had more than one 30 day mortgage late over the previous 12 months. • Property must not have any material liens other than lender debt or liens recorded by community facilities districts or similar financing districts. • Property owner must not have any active bankruptcies in the past seven years and the property must not be an asset in a bankruptcy proceeding, provided, however, that if the bankruptcy is more than two years old, and if property owner has no additional derogatory credit, the property owner may be approved. • Mortgage-related debt on the property must not exceed 90% of the market value of the property. • Improvement costs are reasonable in relation to property value. Proposed improvements must not exceed 15% of the market value of the property, provided, however, that the combined mortgage-related debt and amount of PACE assessment must not exceed 100%. • The total annual property tax and assessments, including the contractual assessment, on the property will not exceed 5% of the property's market value, as determined at the time of approval of the contractual assessment. Commercial HERO • Applicant property owner must be the property owner of record. • Mortgage debt lender have given consent to program financing. • Property owner must be current on property taxes and the property owner certifies that such owner has not had a late payment on their property tax more than once during the prior three years or since the purchase of the property, if owned by such property owner less than three years. • Property owner must be current on all property debt for a period of six months prior to the application, including no payment defaults or technical default or since purchase if the property has been owned less than six months by the current owner, through funding. 2 8 of75 September 2, 2014 Item# 4.2 • Property owner or their affiliated companies have not been involved in a bankruptcy proceeding during the past seven years and the property proposed to be subject to the contractual assessment must not currently be an asset in a bankruptcy proceeding. • All individual property owners must sign the application, assessment contract and all required notices. For properties owned by corporations, LLCs or LLPs, signatures by authorized representatives and/or corporate resolutions are required. • Property must not have any liens other than lender debt or liens recorded by community facility districts or similar financing districts. • Eligible product costs are reasonable in relation to property value. Proposed eligible products must not exceed 10% of the market value of the property. • Property has a debt service coverage ratio of 105% or higher. • Mortgage-related debt on the property plus the principal amount of the contractual assessment does not exceed 90% of the market value of the property. • The total annual property tax and assessments, including the contractual assessment, on the property will not exceed 5% of the property's market value, as determined at the time of approval of the contractual assessment. Restrictions on Contractors: The HERO Program requires that contractors apply through an online application. In order to qualify, the contractor must have the proper license and bonding requirements with the California State Contractors License Board. The Contractor must maintain a good standing with the California State Contractors License Board in order to participate in HERO approved projects. The costs of installation are eligible to be financed only if completed by a contractor that is registered with the Program or by the property owner who is self-installing subject to the limitation in the Program. A list of over 3,500 contractors registered with the Program is located on Program's website; however, the Program will not make recommendations for contracting assistance. Eligible costs do not include labor costs for property owners doing the work themselves. Eligible Financeable Costs: Eligible costs include equipment and installation (includes but not limited to labor, energy/water audits, design, drafting, engineering, permit fees, and inspection charges). Additionally, the Program Administrator determines whether the estimated equipment and installation costs are reasonable. The Administrator may require additional bids to 3 9 of75 September 2, 2014 Item# 4.2 determine whether costs are reasonable. Financing may be limited to the amount deemed reasonable by the Administrator. Assessment Finance Amount: • Minimum: $5,000. • Maximum: the maximum assessment amount is 10% of the value of the property. • Committee Approval Required: o Residential projects over $200,000 o Commercial projects over $600,000 Financing Term: Not to exceed useful life of the improvement, up to 20 years. • Residential: Assessment contracts are subject to 5-, 10-, 15-, or 20-year repayment periods. • Commercial: Assessment contracts are subject to 5-, 10-, 15-, or 20-year repayment periods. A 25-year financing term is also being developed to parallel 25-year warrantees on solar panels. Interest Rate: Program interest rates are set to create a competitively priced self-sustaining program with the ability to remarket the securities to ensure liquidity. The interest rate is broken down by program. Residential HERO: Program Administrator sets fixed interest rates either when the application is approved (may trigger additional fees) or when the assessment contract is signed. The interest rate fluctuates with market conditions and an estimate is available on the HERO website. Interest paid on the principal balance is tax deductible. Interest rates are currently set between 5.95 and 8.95% depending on the term of the loan. Commercial HERO: Program Administrator sets the interest rate at time of funding. Samas Capital will provide ongoing pricing feedback from the capital markets to aid in adjusting product pricing. Standard Financing: Interest rate is set at the time of the first bond sale, or if interim financing is available, then the interest rate is set by the cost of the interim financing and the bond sale rates. The interest rate will never increase. The Program Administrator may decrease the interest rate if long-term financing can be negotiated at a lower interest rate that still allows funding of the Program. 4 10 of 75 September 2, 2014 Item# 4.2 Reserve Fund: There is a Reserve Fund of 0.27% of the total assessment agreed to by the property owner. In addition, the Residential HERO Program participates in the Governor of California's PACE Loss Reserve Program. The $10 million PACE Loss Reserve Program, authorized by Senate Bill 96 (2013), is designed to address FHFA financial concerns by making first mortgage lenders whole for any losses in a foreclosure or a forced sale that are attributable to a PACE loan. If a mortgage lender forecloses on a home that has a PACE lien, the Reserve can be used to cover PACE payments during the foreclosure period. Alternatively, if a local government sells a home for unpaid taxes and the sale price falls short of the outstanding tax and first mortgage amounts, the Reserve can be used to cover the shortfall (up to the amount of outstanding PACE payments). By covering these types of losses, the Program puts the first mortgage lender in the same position it would be in without a PACE lien. Fees Assessed on Property Owner: HERO Residential and Commercial • Program Cost: Determined by City, County or District where property is located. • Application Fee: None. • Annual administration and collection costs: Determined by City, County or Cistrict where property is located. FHFA and/or Lender Issues: Typically, the California HERO Program provides the following disclosure but does not require lender consent for residential projects. However, some Cities and Counties have added additional disclosure requirements that HERO must incorporate to operate. Property owners may be required to pay off the special assessment at sale or refinance. The disclosure is as follows: Before completing a program application, you should carefully review any mortgage agreement(s) or other security instrument(s) which affect the property or to which you as the property owner are a party. Entering into a program assessment contract without the consent of your existing lender(s) could constitute an event of default under such agreements or security instruments. Defaulting under an existing mortgage agreement or security instrument could have serious consequences to you, which could include the acceleration of the repayment obligations due under such agreement or security instrument. In addition, on August 31, 2010, Fannie Mae and Freddie Mac stated that they would not purchase home loans with assessments such as those offered by 5 11 of 75 September 2, 2014 Item# 4.2 WRCOG. This may mean that property owners who sell or refinance their property may be required to prepay such assessments at the time they close their sale or refinancing. It is unknown what type of risk this approach creates for residential property owners in light of the uncertainty created over residential PACE by the Ninth Circuit's March 19, 2013, dismissal of litigation against the FHFA. Treatment of Federal/State Rebate, Tax Credit, and Incentives: All available public utility, federal and state rebates will be deducted from the assessment amount at the time of financing. State or federal tax credits and performance-based incentives-such as the California Solar initiative Performance Based Incentive-will not be deducted from the assessment amount, but property owners may wish to consider these additional benefits in determining the amount of their financing request. Costs and Liability to City: There are no costs to the City or County to participate in the California HERO Program. The Program appears to have limited costs to a City or County beyond staff time to review the program, produce staff reports, pass resolutions, and reach agreement on indemnification and release of liability. 6 12 of 75 September 2, 2014 Item # 4.2 HERO Residential Process Overvi ew The chart below shows the steps for the completion of a residential project financed through the Program : Q) ® 13 of 75 Apply Property owner submits application online, through a contractor, or by hard copy. Product Approval Contractor or property owner calls WRCOG HERO Program Representative with specific product details before installing products. Sign Financing Documents Property owner is emailed Finandng Documents, which they sign, notarize, and return. Install EUgible Products After Ftnancing Documents are approved and the contractor and property owner receive a Notice to Proceed, the contractor may start work. Submi t Completion Cer tificate Once all work and permits have been completed, the contractor and property owner must sign and submi t a Completion Certificate within 90 days. Assessment and Payment Issued After WRCOG HERO Program receives the signed Completion CertifiC3te, the assessment lten documents are recorded and payment is Issued. 7 September 2, 2014 Item# 4.2 Attachment B California Enterprise Development Authority (CEDA)-Figtree PACE Source: This information was originally reproduced from a March 2013 Center for Sustainable Energy California report: "Residential and Commercial Property Assessed Clean Energy (PACE) Financing in California" and was updated by Figtree representatives in August 2014. Acknowledgement: This information is not intended to be all inclusive. As with any undertaking of this type, consumers are responsible for performing their own due diligence and analysis when determining how best to proceed for their individual circumstances. Overview: The California Enterprise Development Authority (CEDA) is a joint powers authority established by the California Association for Local Economic Development (CALED). CEDA is the agency that forms assessment districts for the Figtree PACE financing programs under the Improvement Act of 1911. CEDA acts as the issuer of the municipal bonds that finance Figtree PACE projects. CEDA uses the Improvement Bond Act of 1915 (California Streets & Highways Code 8500 et seq) to issue limited obligation bonds, notes or other forms of indebtedness secured by the contractual assessments revenue to finance improvements in the district created under AB 811. These bonds are structured as either a micro bond for a specific project or as a pooled bond for multiple projects before being sold to investors on the open market. CEDA also may create a special reserve fund for the bonds under part 16 of the Improvement Bond Act of 1915 if required by investors. CEDA has authorized up to $500 million for the Figtree PACE Program at this time. CEDA retained Figtree Financing, a San Diego-based company, to manage and administer its PACE program. Figtree provides comprehensive services to applicants and to jurisdictions as a program administrator similar to other private PACE administrators. Figtree successfully completed the first and only multi-city pooled PACE bond to date. Figtree's financing model is designed to accommodate financing structures including owner-arranged financing, specific project financing, pooled financing, and financing through a credit facility. It remains to be determined which of these options has been the most successful in terms of project financed. Attachment B 1 14 of 75 September 2, 2014 Item# 4.2 Figtree has successfully obtained lender consent from multiple national and regional lenders including Wells Fargo, US Bank, Bank of the West, West America Bank, and SBA Financing. Figtree has successfully completed a statewide judicial validation of its program under the CEDA JPA. Eligible Property: Figtree currently only offers its Program to qualified commercial property owners in 68 California Cities and Counties. Commercial properties include: office, retail, hotel/restaurant, multi-family properties of five units or more, data centers, warehouse/industrial, agriculture, healthcare, education and non-profit. Figtree's Residential PACE Program will launch before the end of the year and will feature many of the same elements found in its Commercial PACE Program. The Program will utilize the same legal structure and will be administered by the same professional financing team. In fact, Figtree's Residential PACE Program is already authorized in more than 66 California Cities and Counties. Funding: Figtree has secured a $60 million financing facility to fund Commercial PACE Projects. CEDA issues bonds to fund projects. The facility is backed by a capital partner in the form of a premier New York based financial institution with over $20 billion of capital under management. Thus far, CEDA and Figtree have financed projects in four distinct funding cycles; each resulting in a portfolio of projects aggregated within capital market structures and sold to investors. Figtree will provide financing for residential PACE projects using the same type of financing facility. Underwriting Criteria for Program Participation: Commercial Program • Applicant is legal owner of the property described in the application. • Property owner is current on property taxes for the property and has not been delinquent in the past three years or since owning the property if less than three years. • Property owner is current on private property debt and has not been delinquent in the past three years or since owning the property if less than three years. • Mortgage lender has been provided the Notice of Request for Lender Consent and Acknowledgement. • Property owner has not declared bankruptcy in the past five years. • Property is not listed as an asset in bankruptcy. • Lien-to-value ratio (excluding assessed financing amount) does not exceed 100% (i.e. no negative equity). The outstanding mortgage must not be an amount 2 15 of 75 September 2, 2014 Item# 4.2 greater than the property's assessed total value. In certain cases, an appraised value can be used if the assessed total value is deemed inaccurate. • Property is developed and located within the jurisdiction of a participating agency. • Property is classified as Commercial (including Industrial, Agricultural, multi- family, etc.) Residential Program • Applicant is legal owner of the property described in the application. • Property is not a leasehold (i.e. the property owner owns the property in fee simple). • Amount of financing requested under the Program shall not exceed 10% of the value of the property. • All existing private debt recorded against the property does not exceed 84% of the value of the property. • There are no involuntary liens, defaults or judgments on the property in excess of $1,000. • Property owner is current on property taxes for the property and has not been delinquent in the past three years or since owning the property if less than three years. • Property owner is current on private property debt and has not been delinquent in the past three years or since owning the property if less than three years. • Property title is not subject to power of attorney, easements, or subordination agreements restricting the property owner from subjecting the property to a PACE lien. • Property owner has not declared bankruptcy in the past seven years. • Property is not listed as an asset in bankruptcy. • Property is classified as single-family residential or multi-family residential (up to 4 units). Restrictions on Contractors: Property owners work with any contractor they choose. However, the Figtree PACE Program requires that contractors apply to participate in the Program through an online application. Once approved, the contractor is added to an online directory of contractors eligible to contract for projects through Figtree PACE. Figtree PACE requires that contractors: • Hold a business license in the jurisdiction where work is being performed. • Have a minimum of 5 years work experience as a licensed contractor in the State of California, or demonstrate sufficient experience in a relevant field of work. 3 16 of 75 September 2, 2014 Item# 4.2 • Hold a minimum of $1,000,000 in general liability insurance. • Bonding and Worker's Compensation must be in accordance with California State Contractors License Board requirements. • Participate in a mandatory PACE financing training session provided by Figtree. Figtree PACE requires the signing of a contractor agreement that makes contractors responsible for installing equipment on the property once CEDA approves the project. Contractors are reimbursed upon satisfactory completion of a project within 14 business days generally. Audit Requirement: An energy audit is not required. Eligible Financeable Costs: Eligible costs include equipment and installation (labor, drafting, engineering, application fees, permit fees, processing fees, and inspection charges). Additionally, CEDA determines whether the estimated equipment and installation costs are reasonable. CEDA may require additional bids to determine whether costs are reasonable. Financing may be limited to the amount deemed reasonable by CEDA. Assessment Finance Amount: • Minimum Residential: $1,000. • Minimum Commercial: $5,000. • Maximum: For residential and most commercial properties 10% of the value of property. Some commercial properties may be able to finance projects up to 20% of the property value. Financing Duration: Not to exceed useful life of the improvement, up to 20 years. Interest Rate: Annual interest rate is determined by market condition at time of issuing bonds but may not exceed 12% as required by California Law. Commercial rates are currently 4.63% to 6.65% and maximum financing is up to 10% of total property value. Alternative rates are available for projects in excess of 1 0% of property value and projects in excess of a million dollars. Residential rates are currently projected to be between 5.50% to 7.50% with financing up to 1 0% of total property value. 4 17 of 75 September 2, 2014 Item# 4.2 Reserve Fund: When Figtree launches its Residential PACE Program it will enroll in the California State Treasurer's PACE Loss Reserve Program, authorized by Senate Bill96 (2013). Fees Assessed on Property Owner: • Processing Fee (Commercial Properties): A fee of $695 will be added to the total amount of the assessment at the time of closing. An additional $100 charge will apply to each of any additional parcels in connection with the assessment. This fee pays for costs incurred to process the application, including a title report, and documentation fees for recording liens. This fee is included in the total amount of financing. • Financing Issuance Fee: At the time of closing, Figtree will charge the property owner a one-time administration fee of up to 4% (Commercial) or 6% (Residential) of the principal amount of the assessment on the property to cover the transaction costs of the program. This fee will be added to the total assessment amount financed. • Annual Administrative Fee: A charge of up to 3% of the total annual assessment amount will apply for cost recovery. This administrative cost recovery will be added to the annual assessment amount. Such administrative charges include fees for levying assessments through the county assessor and other costs associated with providing PACE financing. • Pre-Payment Fee: If the assessment is paid off early the property owner will incur a fee based on the following schedule: o 1 05% if paid off in years 1-5 o 103% if paid off in years 6-10 o None if paid off in years 11-20 Fees may be changed from time to time by approval of CEDA of an updated Program Report. FHFA Issue and/or Lender Issue-Lender Consent: Commercial PACE Figtree PACE requires notice and request of written consent from holders of any private lien on the participating commercial property. The lien holder must agree that the assessment lien will have the same priority as real property taxes. The Program Administrator, Figtree, will send "Notice and Request for Lender Consent" via certified mail. This request provides: 5 18 of 75 September 2, 2014 Item# 4.2 • Confirmation from the Mortgage Lender that the levy of the assessment pursuant to the Assessment Contract will not trigger an event of default or the exercise of remedies under the participating property owner's Mortgage Documents. • Notice that the assessment will be secured by a statutory lien on the participating property pari passu with real property taxes. • Written notice of the proposed participation of the property in the Program. • Confirms that the Mortgage Lenders' signature constitutes consent as required under the Mortgage Documents. The property owner may not participate if the lender returns the Notice and Request for Lender Consent and specifically states it does not consent. Residential Program Figtree requires notification of the PACE assessment to the mortgage lender. The responsibility for the Mortgage Lender's written consent lies with the residential borrower. Borrowers are required to acknowledge certain disclosures in the Application and the Assessment Contract and are required to declare the following: Borrower declares that (i) Borrower has received, read and understands the risks and characteristics of the Program described in the Property Owner Acknowledgments and Disclosures and FHFA Disclosure set forth in the Application and (ii) Borrower has been informed that executing this Contract, receiving financing for Authorized Improvements and consenting to the assessment levied against the Property without lender consent may constitute an event of default under Borrower's residential mortgage, and (iii) Borrower takes the sole responsibility for consequences of such default which may include acceleration of repayment obligations due under Borrower's residential mortgage. It is not clear what type of risk this approach creates for residential property owners in light of the uncertainty created over residential PACE by the Ninth Circuit's March 19, 2013 dismissal of litigation against the FHFA. Costs and Liability to City: A City or County will bear no costs, to join Figtree PACE beyond staff time and a legal analysis to review the program. A City or County will not bear costs to setup the program, the assessment district, or implement the program. Cities and Counties are not liable for bonds as bonds are the obligation of CEDA. Additionally, Figtree indemnifies the City or County. Figtree's standard indemnification language requires it to defend and indemnify participating municipalities against legal liability and other damages. Additionally, 6 19 of 75 September 2, 2014 Item# 4.2 municipalities do not bear the costs or burden of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments or the offer, issuance, sale, or administration of the bonds or any other bonds issued in connection with Figtree PACE. 7 20 of 75 September 2, 2014 Item# 4.2 Attachment C CSCDA--Cal iforn iaFI RST Source: This information was originally reproduced from a March 2013 Center for Sustainable Energy California report: "Residential and Commercial Property Assessed Clean Energy (PACE) Financing in California" and was been updated by Renewable Funding representatives in August 2014. Acknowledgement: This information is not intended to be all inclusive. As with any undertaking of this type, consumers are responsible for performing their own due diligence and analysis when determining how best to proceed for their individual circumstances. Overview: CaliforniaFIRST is a statewide Property Assessed Clean Energy (PACE) financing program sponsored by the California Statewide Communities Development Authority (CSCDA), a joint powers authority co-sponsored by the California State Association of Counties and the League of California Cities. The Program provides financing for renewable energy, energy efficiency and water efficiency measures for both commercial and residential property. CSCDA selected Renewable Funding to administer CaliforniaFIRST. CaliforniaFIRST is active in 17 California counties and 140+ cities. Participating jurisdictions in San Diego County include Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, La Mesa, Lemon Grove, Oceanside, Poway, San Diego, Santee, Solana Beach, and the Unincorporated County. The City of Poway originally passed a resolution to join CaliforniaFIRST in 2010. CSCDA put the Residential Program on hold due to FHFA concerns but due to the establishment of CAEATFA's loss reserve fund for lenders in spring 2014, the Residential Program is now available. CaliforniaFIRST had its soft launch in San Diego County on July 28, 2014 with a full launch scheduled for September 2, 2014. The Commercial Program has been active since 2012 and currently has 108 applications statewide for a project total of over $75,000,000. CaliforniaFIRST Residential: Eligible Properties Single-family residential and multi-family up to 3 units 21 of 75 Attachment C 1 September 2, 2014 Item# 4.2 Underwriting Criteria: 1. Applicant(s) must be the property owner(s) of record. 2. Property owner(s) must be current on their property taxes for the prior 12 months. 3. Property owner(s) must certify that the property taxes have not been paid late more than once during the prior three years (or since the purchase if owned by them for less than three years). 4. Property owners must be current on all property debt of the subject property at the time of application and cannot have had more than one 30-day mortgage late payment over the prior 12 months. 5. There must be no notices of default or foreclosure filed against the subject property by current property owner within the last two years. 6. Property owner(s) have not been involved in a bankruptcy proceeding during the past two years. If the property owner(s) has a bankruptcy older than two years, and no late payments over 60 days past due in the last 24 months, then the property owner may be approved. Additionally, the property may not currently be an asset in a bankruptcy proceeding 7. All property owners must sign all required documentation. Eligible Products: CaliforniaFIRST finances renewable energy, energy efficiency and water efficiency measures that are permanently affixed to the property Assessment Amount: 1. Minimum amount of $5,000 2. Maximum amount up to $200,000 or 10% of property value Financing Term: Not to exceed useful life of the improvement, up to 20 years. Funding: Renewable Funding has a dedicated $300,000,000 to finance projects. Portfolios of PACE financings will be sold to the private capital markets with sales proceeds returning to Renewable Funding to continue additional financings. Contractor Requirements: Any contractor who is licensed by the State of California and is in good standing with the Contractors State License Board ("CSLB"), including meeting all applicable bonding and insurance requirements, and who meets any fraud check requirements, is eligible to 2 22 of 75 September 2, 2014 Item# 4.2 be a Participating Contractor with the Program. All Participating Contractors must also sign a Program Participation Agreement. FHFA and Lender Notice: All participating homeowners are provided written information on their risks associated with FHFA's stance on PACE financing. Homeowners are also encouraged to inform their mortgage lender about the PACE lien. CaliforniaFIRST Commercial: The Commercial Program uses an open-market approach to finance projects. Under the open-market approach the commercial property owner may use a list of capital providers from CaliforniaFIRST to compare terms or may use their own capital provider. The financing transaction is run through CaliforniaFIRST in order to secure the PACE lien and corresponding benefits. Once an agreement is reached, CSCDA issues a revenue bond that is then purchased by the capital provider and secured by the tax assessment lien on the property. CaliforniaFIRST uses third-party capital providers that it has pre-approved as well as capital providers with whom property owners have negotiated to fund their project. This creates internal competition and allows for property owner choice. CaliforniaFIRST also uses a method of pooling bonds for projects under $250,000 for sale to a single investor while bonds over $250,000 are generally sold individually to investors. Eligible Properties: All non-residential properties, including multi-family buildings with 5 or more units, industrial, retail, agricultural and office space properties. Underwriting Criteria: Underwriting criteria is determined on a case-by-case basis as lenders and property owners negotiate the terms of the financing. General underwriting criteria for the Program is listed below: 1. Applicant must be legal owner. 2. For the past three years, or since ownership if less than three years, property owner must be current on payment of: a. Mortgages b. Property taxes c. Assessments and Liens 3. Property owner cannot have any notices of default or foreclosure, whether currently in effect or released, filed against property within the last five years (or 3 23 of 75 September 2, 2014 Item# 4.2 since ownership by current property owner if less than five years) due to non- payment of property taxes or loan payments. 4. Certification that the property owner is solvent and has no pending bankruptcy proceedings. 5. Current property owner cannot have record of bankruptcy in the past three years. 6. No involuntary liens, defaults or judgments applicable to the subject property. 7. The assessed value plus the value of the project is equal to or greater than the amount of private debt plus the PACE financed amount, assessment liens and/or special taxes. 8. Property taxes, special taxes and assessment, including the PACE assessment, may not exceed 5% of the property's assessed value. 9. Lenders may make additional information requests and subject property owner to additional requirements. Energy Audit Requirement: An American Society of Heating, Refrigerating and Air-Conditioning Engineers Level 2 Audit must be performed by a licensed engineer. Eligible Financeable Costs: Eligible costs include equipment and installation (labor, design, engineering, permit fees, and audits). Assessment Finance Amount: 1. Minimum amount of $50,000. 2. The maximum financing amount is 20% property market value. Financing Term: Not to exceed useful life of the improvement, up to 20 years. Affirmative Acknowledgment From Mortgage Lender: The property owner's mortgage lender (the first lien holder in trust) needs to provide written affirmative acknowledgment for the property to participate in the Program. This means that the first lien holder in trust must consent and agree to the recording of the contractual PACE assessment as a superior lien to its lien on the property. This includes an acknowledgment that the PACE lien will not trigger a default or exercise of remedies under the mortgage on the respective property. 4 24 of 75 September 2, 2014 Item# 4.2 Reserve Fund: A reserve fund is not required by the Program, although CaliforniaFIRST may accommodate one should it be required by the capital provider or the mortgage lender. A property owner would then allocate a percentage of their total assessed financing amount to establish the reserve fund for their share of the bonds. During the final years of the outstanding bonds, the reserve allocation would be returned to the property owner as a credit on their annual levy assuming no delinquencies or late payments. Fees Assessed on Property Owner: • Application Fee: There is no initial application fee • County Tax Collector Fee: $.1 0/parcel • Closing Fees: The total amount of closing fees is determined by the size of the project, and typically range between 3-6%. The types of closing fees charged include: o Program Administration o Bond Counsel o Project Validation o Program Sponsor o Issuer Counsel o Fiscal Agent Costs and Liability to City: This Program appears to have limited cost to a City or County beyond staff and Council time to research and write a report, pass a Resolution and associated documentation. To date there have been no costs to Cities or Counties to participate in CaliforniaFIRST. Cities have no liability because Cities do not establish the program, administer the program, or issue the bonds under CaliforniaFIRST. 5 25 of 75 September 2, 2014 Item# 4.2 RESOLUTION NO. 14- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, Authority intends to establish the California HERO Program to provide for the financing of renewable energy distributed generation sources, energy and water efficiency improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, City of Poway (the "City") is supportive of its citizens' interests in the development of renewable energy sources and energy and water efficiency improvements, reduction of greenhouse gases, protection of our environment, and addressing climate change; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, installation of such improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the California HERO Program would promote the purposes cited above; and WHEREAS, the City wishes to provide financing tools as allowed by law to those who own property in its jurisdiction wishing to improve energy and water efficiency, and in doing so cooperate with Authority in order to efficiently and economically assist property owners the City in financing such Improvements; and Attachment D 26 of 75 September 2, 2014 Item# 4.2 Resolution No. 14- Page 2 WHEREAS, Authority has authority to establish the California HERO Program, which will be such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers Agreement Adding the City of Poway as an Associate Member of the Western Riverside Council of Governments (the "Council") to Permit the Provision of Property Assessed Clean Energy (PACE) Program Services within the City (the "JPA Amendment"), by and between Authority and the City, a copy of which is attached as Exhibit "A" hereto, to assist property owners within the incorporated area of the City in financing the cost of installing Improvements; and WHEREAS, Senate Bill 96 (2013) amended Public Resources Code section 26060 in order to implement a PACE risk mitigation program for PACE loans to be administered by the California Alternative Energy and Advanced Transportation Financing Authority; and WHEREAS, in light of this new development and growing public interest, the City is interested in offering residential PACE options to eligible participants within the City limits contingent on the California HERO PACE Program meeting certain programmatic requirements; and WHEREAS, the City is not at risk for any liabilities associated with any aspect of PACE programs operating within its boundaries having only provided access to its taxing authority as allowed by applicable law and the California HERO agrees to indemnify and protect the City against any alleged liabilities; and WHEREAS, the City may repeal this Resolution and terminate its Associate Membership in the Council, upon written notice to the Council, should it be determined at any time that it no longer desires to continue as an Associate Member of the Council; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the California HERO Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: This City Council finds and declares that properties in the City's incorporated area will be benefited by the availability of the California HERO Program to finance the installation of Improvements. Section 2: This City Council consents to inclusion in the California HERO Program of all of the properties in the incorporated area within the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such 27 of 75 September 2, 2014 Item# 4.2 Resolution No. 14- Page 3 program; and to the assumption of jurisdiction thereover by Authority for the purposes thereof. Section 3: The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the California HERO Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent and be secured by such contractual assessments. Section 4: The City's participation in the California HERO PACE program is subject to the condition that the California HERO PACE program has, or will (within 180 days following City's effective date as an Associate Member), meets the following requirements: a. The California HERO PACE Program is enrolled in the state PACE Loss Reserve Program; and b. The California HERO PACE Program will implement policies that requires that it will provide full and understandable disclosures to program applicants, including but not limited to the disclosure that participation in the PACE program may trigger acceleration of existing obligations of an existing mortgage and that the participant may be required to prepay the contractual assessments and all associated fees and penalties upon the refinancing or sale of the property. Section 5: This City Council hereby approves the JPA Amendment substantially in the form as presented at this meeting, and hereby authorizes the execution thereof by the City Manager with such changes as the City Manager may approve. Section 6: City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the California HERO Program within the City, and report back periodically to this City Council on the success of such program as requested. Section 7: This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority Executive Committee. 28 of 75 September 2, 2014 Item# 4.2 Resolution No. 14- Page4 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of September, 2014. ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO) Don Higginson, Mayor 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 2nd day of September, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTACHMENT: Sheila R. Cobian, CMC, City Clerk City of Poway Exhibit A: Amendment to the Joint Powers Agreement Adding City of Poway as an Associate Member of the Western Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE) Program Services with Such City 29 of 75 September 2, 2014 Item# 4.2 EXHIBIT A AMENDMENT TO THE JOINT POWERS AGREEMENT ADDING CITY OF POWAY AS AN ASSOCIATE MEMBER OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM SERVICES WITH SUCH CITY This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into on the 2nd day of September, 2014, by City of Poway ("City") and the Western Riverside Council of Governments ("Authority") (collectively the "Parties"). RECITALS WHEREAS, Authority is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and WHEREAS, as of October 1, 2012, Authority had 18 member entities (the "Regular Members"); and WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the California Streets and Highways Code ("Chapter 29") authorizes cities, counties, and cities and counties to establish voluntary contractual assessment programs, commonly referred to as a Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy sources, energy and water efficiency improvements, and electric vehicle charging infrastructure (the "Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or other real property; and WHEREAS, Authority intends to establish a PACE program to be known as the "California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter, which will authorize the implementation of a PACE financing program for cities and county throughout the state; and WHEREAS, City desires to allow owners of property within its jurisdiction to voluntarily participate in the California HERO Program and to allow Authority to conduct proceedings under Chapter 29 to finance Improvements to be installed on such properties; and WHEREAS, this JPA Amendment will permit City to become an Associate Member of Authority and to participate in California HERO Program for the purpose of facilitating the implementation of such program within the jurisdiction of City; and A-1 30 of 75 September 2, 2014 Item# 4.2 WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this JPA Agreement to allow for the provision of PACE services, including the operation of a PACE financing program, within the incorporated territory of City; and WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and Authority with respect to the implementation of the California HERO Program within the incorporated territory of City; and WHEREAS, the City may terminate this JPA Amendment in the manner required by the Authority JPA or, if no such manner is prescribed in the Authority JPA, upon written notice to CEDA, should it be determined at any time that it no longer desires to continue as an Associate Member of the Authority. MUTUAL UNDERSTANDINGS NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated, the Parties hereto agree as follows: A. JPA Amendment. 1. The Authority JPA. City agrees to the terms and conditions of the Authority JPA, attached. 2. Associate Membership. By adoption of this JPA Amendment, City shall become an Associate Member of Authority on the terms and conditions set forth herein and the Authority JPA and consistent with the requirements of the Joint Exercise of Powers Act. The rights and obligations of City as an Associate Member are limited solely to those terms and conditions expressly set forth in this JPA Amendment for the purposes of implementing the California HERO Program within the incorporated territory of City. Except as expressly provided for by the this JPA Amendment, City shall not have any rights otherwise granted to Authority's Regular Members by the Authority JPA, including but not limited to the right to vote on matters before the Executive Committee or the General Assembly, the right to amend or vote on amendments to the Authority JPA, and the right to sit on committees or boards established under the Authority JPA or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. City shall not be considered a member for purposes of Section 9.1 of the Authority JPA. City hereby agrees that any subsequent amendments of the Authority JPA shall be binding upon the City provided, however, that it shall not be bound by any amendments that create any financial obligations on the part of the City and further provided, however, that before any amendment becomes effective as to the City it shall have not less than sixty (60) days after the effective date of the amendment to take such action to terminate its Associate Membership and withdraw from the Authority, without cost or penalty. 3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by Authority within the A-2 31 of 75 September 2, 2014 Item# 4.2 jurisdictions of its Regular Members, or any other programs administered now or in the future by Authority, all as currently structured or subsequently amended. B. Implementation of California HERO Program within City Jurisdiction. 1. Boundaries of the California HERO Program within City Jurisdiction. City shall determine and notify Authority of the boundaries of the incorporated territory within City's jurisdiction within which contractual assessments may be entered into under the California HERO Program (the "Program Boundaries"), which boundaries may include the entire incorporated territory of City or a lesser portion thereof. 2. Determination of Eligible Improvements. Authority shall determine the types of distributed generation renewable energy sources, energy efficiency or water conservation improvements, electric vehicle charging infrastructure or such other improvements as may be authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be financed under the California HERO Program. 3. Establishment of California HERO Program. Authority will undertake such proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make contractual financing of Eligible Improvements available to eligible property owners within the Program Boundaries. 4. Financing the Installation of Eligible Improvements. Authority shall develop and implement a plan for the financing of the purchase and installation of the Eligible Improvements under the California HERO Program. 5. Ongoing Administration. Authority shall be responsible for the ongoing administration of the California HERO Program, including but not limited to producing education plans to raise public awareness of the California HERO Program, soliciting, reviewing and approving applications from residential and commercial property owners participating in the California HERO Program, establishing contracts for residential, commercial and other property owners participating in such program, establishing and collecting assessments due under the California HERO Program, adopting and implementing any rules or regulations for the California HERO Program, and providing reports as required by Chapter 29. City will not be responsible for the conduct of any proceedings required to be taken under Chapter 29; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the California HERO Program. 6. Phased Implementation. The Parties recognize and agree that implementation of the California HERO Program as a whole can and may be phased as additional other cities and counties execute similar agreements. City entering into this JPA Amendment will obtain the benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter into similar agreements. A-3 32 of 75 September 2, 2014 Item# 4.2 C. Miscellaneous Provisions. 1. Withdrawal. City or Authority may withdraw from this JPA Amendment upon six (6) months written notice to the other party; provided, however, there is no outstanding indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA shall not apply to City under this JPA Amendment. City may withdraw approval for conduct of the HERO Program within the jurisdictional limits of City upon thirty (30) days written notice to WRCOG without liability to the Authority or any affiliated entity. City withdrawal shall not affect the validity of any voluntary assessment contracts (a) entered prior to the date of such withdrawal or (b) entered into after the date of such withdrawal so long as the applications for such voluntary assessment contracts were submitted to and approved by WRCOG prior to the date of City's notice of withdrawal. 2. Mutual Indemnification and Liability. Authority and City shall mutually defend, indemnify and hold the other party and its directors, officials, officers, employees and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or omissions of the indemnifying party or its directors, officials, officers, employees and agents in connection with the California HERO Program administered under this JPA Amendment, including without limitation the payment of expert witness fees and attorneys' fees and other related costs and expenses, but excluding payment of consequential damages. Without limiting the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of Authority's Regular Members or their officials, officers or employees be held directly liable for any damages or liability resulting out of this JPA Amendment. 3. Environmental Review. Authority shall be the lead agency under the California Environmental Quality Act for any environmental review that may be required in implementing or administering the California HERO Program under this JPA Amendment. 4. Cooperative Effort. City shall cooperate with Authority by providing information and other assistance in order for Authority to meet its obligations hereunder. City recognizes that one of its responsibilities related to the California HERO Program will include any permitting or inspection requirements as established by City. 5. Notice. Any and all communications and/or notices in connection with this JPA Amendment shall be either hand-delivered or sent by United States first class mail, postage prepaid, and addressed as follows: A-4 33 of 75 September 2, 2014 Item# 4.2 Authority: Western Riverside Council of Governments 4080 Lemon Street, 3rd Floor. MS1 032 Riverside, CA 92501-3609 Attn: Executive Director City: City of Poway P.O. Box 789 Poway, CA 92079-0789 Attn: Director of Public Works 6. Entire Agreement. This JPA Amendment, together with the Authority JPA, constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This JPA Amendment supersedes any and all other agreements, either oral or in writing, among the Parties with respect to the subject matter hereof and contains all of the covenants and agreements among them with respect to said matters, and each Party acknowledges that no representation, inducement, promise of agreement, oral or otherwise, has been made by the other Party or anyone acting on behalf of the other Party that is not embodied herein. 7. Successors and Assigns. This JPA Amendment and each of its covenants and conditions shall be binding on and shall inure to the benefit of the Parties and their respective successors and assigns. A Party may only assign or transfer its rights and obligations under this JPA Amendment with prior written approval of the other Party, which approval shall not be unreasonably withheld. 8. Attorney's Fees. If any action at law or equity, including any action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party to the litigation shall bear its own attorney's fees and costs. 9. Governing Law. This JPA Amendment shall be governed by and construed in accordance with the laws of the State of California, as applicable. 10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or property damages under the provisions of this JPA Amendment. The duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries shall remain as imposed under existing state and federal law. 11. Severability. In the event one or more of the provisions contained in this JPA Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed severed from this JPA Amendment and the remaining parts of this JPA Amendment shall remain in full force and effect as though A-5 34 of 75 September 2, 2014 Item # 4.2 such invalid, illegal, or unenforceable portion had never been a part of this JPA Amendment. 12. Headings. The paragraph headings used in this JPA Amendment are for the convenience of the Parties and are not intended to be used as an aid to interpretation. 13. Amendment. This JPA Amendment may be modified or amended by the Parties at any time. Such modifications or amendments must be mutually agreed upon and executed in writing by both Parties. Verbal modifications or amendments to this JPA Amendment shall be of no effect. 14. Effective Date. This JPA Amendment shall become effective upon the execution thereof by the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed and attested by their officers thereunto duly authorized as of the date first above written. Don Higginson, Mayor ATIEST: Sheila R. Cobian, CMC, City Clerk Approved as to Form: Morgan L. Foley, City Attorney A-6 35 of 75 September 2, 2014 Item# 4.2 Updated through July, 2012 JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside. RECITALS A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area-wide and regional basis through the establishment of an association of governments. The Council will explore areas of inter-governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: Attachment E 20323.00016\7651699.1 36 of 75 September 2, 2014 Item# 4.2 I. PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG"). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto. 1.2 Powers. 1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall: a. Serve as a forum for consideration, study and recommendation on area-wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County; c. Explore practical avenues for intergovernmental cooperation, coordination and action in the interest of local public welfare and means of improvements in the administration of governmental services; and d. Serve as the clearinghouse review body for Federally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments. 1.2.2. The Council shall have the power in its own name to do any of the following; 20323.00016\7651699.1 2 37 of 75 September 2, 2014 Item# 4.2 a. When necessary for the day to day operation of the Council, to make and enter into contracts; b. To contract for the services of engineers, attorneys, planners, financial consultants and separate and apart therefrom to employ such other persons, as it deems necessary; c. To apply for an appropriate grant or grants under any federal, state, or local programs. d. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements; f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided. 1.2.3 The association shall have the power in its own name, only with the approval of all affected member agencies to; a. Acquire, hold and dispose of property by eminent domain, lease, lease purchase or sale. b. To incur debts, liabilities, obligations, and issue bonds; II. ORGANIZATION OF COUNCIL 2.1 Parties. 20323.00016\7651699.1 3 38 of 75 September 2, 2014 Item# 4.2 The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement thereto and agrees to such become a member upon such terms and conditions as established by the general council or executive committee, and which has not, pursuant to provisions hereof, withdrawn therefrom. Only the parties identified in this section shall be considered contracting parties to the JPA under Government Code section 6502. 2.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time. 2.3 Duties. WRCOG shall do whatever is necessary and required to carry out the purposes of this agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body. 2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of the appropriate representatives from the County of Riverside, each city which is a signatory to this Agreement, Western Municipal Water District, and Eastern Municipal Water District, the number of which shall be determined as hereinafter set forth. The 20323.00016\7651699.1 4 39 of 75 September 2, 2014 Item# 4.2 General Assembly shall meet at least once annually, preferably scheduled in the evening. Each member agency of the General Assembly shall have one vote for each mayor, council member, county supervisor, and water district board member present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that members representing a majority of the member agencies are present. The General Assembly shall adopt and amend by-laws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and administration of this Agreement. 2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors and the President of each Water District, the remaining member of the Board of Supervisors shall serve as an alternate, except any City Council, at its discretion, can appoint a Mayor Pro Tern or other city council member in place of the Mayor, and each water district board, at its discretion, can appoint another board member in place of the President. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies. Membership of the Water Districts on the General Assembly and Executive Committee of WRCOG shall be conditioned on the Water Districts entering into a separate Memorandums of Understanding with WRCOG. Membership of the Riverside County Superintendent of Schools on the General Assembly and Executive Committee ofWRCOG 20323.00016\7651699.1 5 40 of 75 September 2, 2014 Item# 4.2 shall be conditioned on the Superintendent of Schools entering into a separate Memorandums of Understanding with WRCOG. 2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.4. Each participating member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents. The name of the alternate members shall be on file with the Executive Committee. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member. 2.5 Executive Director. The Executive Director shall be the chief administrative officer of the Council. He shall receive such compensation as may be fixed by the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following: a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly. c. Serve as Secretary of the Council and of the Executive Committee. d. To attend meetings of the Executive Committee. e. To perform such other and additional duties as the Executive Committee may require. 20323.00016\7651699.1 6 41 of 75 September 2, 2014 Item# 4.2 2.6 Principal Office. The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2. 7 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended. 2.8 Powers and Limitations of the Executive Committee. Unless otherwise provided herein, each member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council. 20323.00016\7651699.1 7 42 of 75 September 2, 2014 Item# 4.2 2.9 Minutes. The secretary of the Council shall cause to be kept minutes of regular adjourned regular and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto. 2.10 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this agreement or any Implementation Agreement. 2.11 Vote or Assent of Members. The vote, assent or approval of the members in any manner as may be required, hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Council. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 2.12 Officers. There shall be selected from the membership of the Executive Committee, a chairperson and a vice chairperson. The Executive Director shall be the secretary. The Treasurer of the County of Riverside shall be the Treasurer of the Council and the Controller or Auditor of the County of Riverside shall be the Auditor of the Council. Such persons shall possess the powers of, and shall perform the treasurer and auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. 20323.00016\7651699.1 8 43 of 75 September 2, 2014 Item# 4.2 The chairperson and vice chairperson, shall hold office for a period of one year commencing July 1st of each and every fiscal year; provided, however, the first chairperson and vice chairperson appointed shall hold office from the date of appointment to June 30th of the ensuing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible. 2.13 Committees. The Executive Committee may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. All committee meetings ofWRCOG, including those of the Executive Committee, shall be open to all members. 2.14 Additional Officers and Employees. The Executive Committee shall have the power to authorize such additional officers and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 2.15 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property ofWRCOG shall be the members of the Executive Committee, the treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required 20323.00016\7651699.1 9 44 of 75 September 2, 2014 Item# 4.2 herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG. 2.16 Status of Officers and Employees. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any ofthe functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members. 2.17 Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above-described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed upon the County of Riverside. 2.18 Water Districts and TUMF Matters. Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Mitigation Fee ("TUMF") for cities in western Riverside County. The fee was established prior to the Water District's involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in western Riverside County. As such, the Western Municipal Water District and the Eastern Municipal Water 20323.00016\7651699.1 10 45 of 75 September 2, 2014 Item# 4.2 District General Assembly and Executive Committee Members shall not vote on any matter related to the administration of the TUMF program or the expenditure of TUMF revenues. Ill FUNDS AND PROPERTY 3.1 Treasurer. The Treasury of the member agency whose Treasurer is the TreasurerforWRCOG shall be the depository for WRCOG. The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 and following, such other duties as may be prescribed by the Executive Committee. 3.2. Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year. 3.4. Contributions/Public Funds. In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of 20323.00016\7651699.1 11 46 of 75 September 2, 2014 Item# 4.2 this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by-laws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG. The General Assembly shall have the power to determine that personnel, equipment or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. 3.5 Contribution from Water Districts. The provision of section 3.4 above shall be inapplicable to the Western Municipal Water District and the Eastern Municipal Water District. The amount of contributions from these water districts shall be through the WRCOG budget process. 20323.00016\7651699.1 12 47 of 75 September 2, 2014 Item# 4.2 IV BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year. 4.2 Disbursements. The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 20323.00016\7651699.1 13 48 of 75 September 2, 2014 Item# 4.2 4.5 Audit. The records and accounts of WRCOG shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. 4.6 Reimbursement of Funds. Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee. 5.1 Liabilities. v LIABILITIES The debts, liabilities, and obligation of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement. 5.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees. Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the 20323.00016\7651699.1 14 49 of 75 September 2, 2014 Item# 4.2 parties to this Agreement, or upon the General Assembly or Executive Committee created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. The voting for or against a matter being considered by the General Assembly or executive or other committee or WRCOG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this agreement and the execution of a written addendum thereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the general assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be 20323.00016\7651699.1 15 50 of 75 September 2, 2014 Item# 4.2 eligible for advisory membership in the Council. The representative of any such advisory member may participate in the work of committees of the Council. 6.2 Withdrawal from WRCOG. It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal; b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the parties' notice of withdrawal; c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination ofWRCOG as set forth in Section VII below; d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG. 20323.00016\7651699.1 16 51 of 75 September 2, 2014 Item# 4.2 VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Agreement. WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of WRCOG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII IMPLEMENTATION AGREEMENTS 8.1 Execution of Agreement. When authorized by the Executive Committee, any affected member agency or agencies enumerated herein, may execute an Implementation Agreement for the 20323.00016\7651699.1 17 52 of 75 September 2, 2014 Item# 4.2 purpose of authorizing WRCOG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 9.1 Amendments. IX MISCELLANEOUS This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 9.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 9.3 Effective Date. This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof. 9.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and WRCOG, with respect to disputes, demands, 20323.00016\7651699.1 18 53 of 75 September 2, 2014 Item# 4.2 differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and to the Executive Director of the Council. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (1 0) days of service upon it of such notice, file with all other parties and with the Executive Director of the Council a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent or respondents shall each designate a person to act as an arbitrator. The designated arbitrators shall mutually designate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three to serve as arbitrator(s). The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The parties to this Agreement agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority. 9.5 Partiallnvaliditv. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the 20323.00016\7651699.1 19 54 of 75 September 2, 2014 Item# 4.2 remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 9.7 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 9.8 Execution. The Board of Supervisors of the County of Riverside and the city councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively. 20323.00016\7651699.1 20 55 of 75 September 2, 2014 Item# 4.2 Original Members Agencies 1. City of Banning 2. City of Beaumont (withdrawn) 3. City of Calimesa 4. City of Canyon Lake 5. City of Corona 6. City of Hemet 7. City of Lake Elsinore 8. City of Moreno Valley 9. City of Murrieta 1 0. City of Norco 11. City of Perris 12. City of Riverside 13. City of San Jacinto 14. City of Temecula 15. County of Riverside Additional City Members 1. City of Eastvale (added on 08/02/2010, Resolution 01-11) 2. City of Jurupa Valley (added on 07/29/2011, Resolution 02-12) 3. City of Menifee (added on 10/06/2008, Resolution 03-09) 4. City of Wildomar (added on 08/04/2008, Resolution 01-09) 20323.00016\7651699.1 21 56 of 75 September 2, 2014 Item# 4.2 THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS Participating Agencies 5. Eastern Municipal Water District (membership on the Governing Board of WRCOG, 05/11 /2009) 6. Riverside County Superintendent of Schools (membership as an ex- officio, advisory member of WRCOG, 11/07/2011) 7. Western Municipal Water District (membership on the Governing Board of WRCOG, 05/11/2009) 20323.00016\7651699.1 22 57 of 75 September 2, 2014 Item# 4.2 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE SAN DIEGO COUNTY PROPERTY ASSESSED CLEAN ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint exercise of powers authority, comprised of cities and counties in the State of California, including the City Poway (the "City"); and WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the "Program" or "Figtree PACE"), to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County of San Diego, a political subdivision of the State of California (the "County"), has adopted Figtree PACE pursuant to the Act; and WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such Report has been prepared pursuant to Section 5898.22 of the Act and approved by the CEDA Board of Directors; and WHEREAS, the City Council (the "City Council") of the City of Poway (the "City), through its authorized representatives, has reviewed the Report; WHEREAS, the Act authorizes CEDA to enter into contractual assessments with property owners located within incorporated cities in the County of San Diego upon the approval of the legislative body of the related City to participate in Figtree PACE; and WHEREAS, Senate Bill 96 (2013) amended Public Resources Code section 26060 in order to implement a PACE risk mitigation program for PACE loans to be Attachment F 58 of 75 September 2, 2014 Item# 4.2 Resolution No. 14-xx Page 2 administered by the California Alternative Energy and Advanced Transportation Financing Authority; and WHEREAS, in light of this new development and growing public interest, the City is interested in offering residential PACE options to eligible participants within the City limits contingent on the Figtree PACE Program meeting certain programmatic requirements; and WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and WHEREAS, although no liabilities to the City exist, to protect the City in connection with operation of the Figtree PACE against any alleged liabilities, Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City; and WHEREAS, the City may repeal this Resolution, withdraw its membership in CEDA, and terminate its participation in the Figtree PACE Program, upon written notice to CEDA, should it be determined at any time that it no longer desires to continue in the Figtree PACE Program; and WHEREAS, the City will not be responsible for the levy of assessments, any required remedial action in the case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: Good Standing. The City is either a municipal corporation or other public body and a member of CEDA in good standing. Section 2: Resolution of Intention. The City Council ratifies the resolution adopted by the CEDA Board of Directors on September 12, 2013 declaring the Board's intention to order the implementation of a contractual assessment program to finance Improvements pursuant to the Act. Section 3: Boundaries. The City Council hereby approves the inclusion in Figtree PACE all of the properties in the incorporated area within the City, as same may be amended through annexation from time to time, the acquisition, construction and installation within City limits of the energy and water efficiency measures set forth in the Report upon the request and agreement of the affected property owner, and the assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The adoption of this Resolution by this City Council constitutes the approval by the City to participate in Figtree PACE. This City Council further authorizes CEDA to set the terms of, and implement, Figtree PACE and take each and every action necessary or desirable for 59 of 75 September 2, 2014 Item# 4.2 Resolution No. 14-xx Page 3 financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance of bonds, notes or other forms of indebtedness secured by such contractual assessments as authorized by Chapter 29. Section 4: Appointment of CEDA. The City hereby appoints CEDA as its representative to (i) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the "Law"), (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Resolution. Section 5: Program Report. The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for Figtree PACE (the "Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 6: Foreclosure. The City Council hereby acknowledges that the Law permits foreclosure in the event that there is a default in the payment of assessments due on a property. The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting properties within the District, including accelerated foreclosure pursuant to the Program Report. Section 7: Indemnification. Although no liabilities exist for the City, the City Council acknowledges that Figtree has provided the City with an indemnification agreement, as shown in Exhibit A, in case of allegations of liabilities or allegations of negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. Section 8: Repeal. The City may repeal this Resolution, withdraw from its membership in CEDA, and terminate its participation in the Figtree PACE Program, upon written notice to the Council, should it be determined at any time that it no longer desires to continue as a member of CEDA. Section 9: CEQA. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act ("CEQA"), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). 60 of 75 September 2, 2014 Item# 4.2 Resolution No. 14-xx Page4 Section 10: Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. Section 11: Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. Section 12: Program Requirements. The City's participation in the Figtree PACE program is subject to the condition that the Figtree PACE Program has, or will (within 180 days following City's effective date as an Associate Member), meets the following requirements: a. The Figtree PACE Program is enrolled in the state PACE Loss Reserve Program: b. The Figtree PACE Program will implement policies that requires that it will provide full and understandable disclosures to program applicants, including but not limited to the disclosure that participation in the PACE program may trigger acceleration of existing obligations of an existing mortgage and that the participant may be required to prepay the contractual assessments and all associated fees and penalties upon the refinancing or sale of the property. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of September, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk 61 of 75 September 2, 2014 Item# 4.2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. 14-xx Page 5 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 2nd day of September, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATIACHMENTS: Exhibit A: Indemnification Agreement 62 of 75 Sheila R. Cobian, CMC, City Clerk City of Poway September 2, 2014 Item# 4.2 EXHIBIT A Indemnification Agreement INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF POWAY AND FIGTREE COMPANY, INC. This Indemnification Agreement (the "Agreement") is entered into by and between the City of Poway, a municipal corporation or political subdivision, duly organized and existing under the laws of the State of California (the "Public Entity") and Figtree Company, Inc., a California corporation, the administrator of the Figtree Property Assessed Clean Energy and Job Creation Program (the "Administrator"), which is a program of the California Enterprise Development Authority, a California joint exercise of powers authority (the "Authority"). RECITALS WHEREAS, the Authority is a joint exercise of powers authority whose members include the Public Entity in addition to other cities and counties in the State of California; and WHEREAS, the Authority established the Figtree Property Assessed Clean Energy and Job Creation Program (the "Figtree PACE Program") to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently affixed to real property through the levy of assessments voluntarily agreed to by the participating property owners pursuant to Chapter 29 of Division 7 of the Streets and Highways Code ("Chapter 29") and the issuance of improvement bonds, or other forms of indebtedness, under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, the Authority has conducted or will conduct proceedings required by Chapter 29 with respect to the territory within the boundaries of the Public Entity; and WHEREAS, the legislative body of the Public Entity adopted or will adopt a resolution authorizing the Public Entity to join the Figtree PACE Program; and WHEREAS, the Public Entity will not be responsible for the formation, operation and administration of the Figtree PACE Program as well as the sale and issuance of any bonds or other forms of indebtedness in connection therewith, including the conducting of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the Authority on behalf of the Figtree PACE Program; and WHEREAS, the Administrator is the administrator of the Figtree PACE Program and agrees to indemnify the Public Entity in connection with the operations of the Figtree PACE Program as set forth herein; 63 of 75 1 September 2, 2014 Item# 4.2 NOW, THEREFORE, in consideration of the above premises and of the Public Entity's agreement to join the Figtree PACE Program, the parties agree as follows: 1) Indemnification. Figtree has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. Although no liabilities exist for the Public Entity, in case of alleged liabilities, Figtree agrees to defend, indemnify and hold harmless the Public Entity, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys' fees, for injury or damage due to negligence or malfeasance of any type claims as a result of the acts or omissions of Figtree, except for such loss or damage which was caused by the sole negligence or willful misconduct of the Public Entity. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Figtree. 2) Amendment/lnteroretation of this Agreement. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. 3) Section Headings. Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 4) Waiver. No waiver of any of the provisions of this Agreement shall be binding unless in the form of writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 5) Severability and Governing Law. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California. 6) Notices. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been 64 of 75 2 September 2, 2014 Item# 4.2 duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed as follows: If to the Administrator: If to the Public Entity: Figtree Company, Inc. 9915 Mira Mesa Blvd., Suite 130 San Diego, California 92131 Attn: Chief Executive Officer City of Poway P.O. Box 789 Poway, CA 92074-0789 Attn: Director of Public Works 7) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. 8) Effective Date. This Agreement will be effective as of the date of the signature of Public Entity's representative as indicated below in the signature block. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date below. APPROVED AS TO FORM: Public Entity Name By ________________________ __ Morgan L. Foley, City Attorney Daniel Singer, City Manager Date: ________________________ _ Figtree Company, Inc., a California Corp. By ________________________ __ Mahesh Shah, CEO Date: ________________________ _ 65 of 75 3 September 2, 2014 Item# 4.2 FIG TREE PACE Program Report Revised: June 4, 2014 COMPLETE REPORT ON FILE IN THE OFFICE OF THE CITY CLERK Attachment G 66 of 75 September 2, 2014 Item# 4.2 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF POWAY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY WHEREAS, the City of Poway, California (the "City"), a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council, may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the City and other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the "Authority") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the "Agreement"); and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the form of Associate Membership Agreement (the "Associate Membership Agreement") between the City and the Authority is attached; and WHEREAS, the City is willing to become an Associate Member of the Authority subject to the provisions of the Associate Membership Agreement; and WHEREAS, the City may repeal this Resolution and terminate its Associate Membership in the Authority, upon written notice to CEDA, should it be determined at any time that it no longer desires to continue as an Associate Member of the Authority. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council hereby specifically finds and declares that the actions authorized hereby constitute public affairs of the City. The City Council further Attachment H 67 of 75 September 2, 2014 Item# 4.2 Resolution No. 14-xx Page 2 finds that the statements, findings and determinations of the City set forth in the preambles above are true and correct. Section 2: The Associate Membership Agreement presented to this meeting and on file with the City Clerk is hereby approved. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3: The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby confirmed, ratified and approved. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of September, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk 68 of 75 September 2, 2014 Item# 4.2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. 14-xx 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 2nd day of September, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 69 of 75 Sheila R. Cobian, CMC, City Clerk City of Poway September 2, 2014 Item# 4.2 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF POWAY, CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership Agreement"), dated as of September 3, 2014 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority") and the CITY OF POWAY, CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State of California (the "City"); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member"); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; and WHEREAS, the City may terminate this Associate Membership Agreement in the manner required by the Agreement or, if no such manner is prescribed in the Agreement, upon written notice to CEDA, should it be determined at any time that it no longer desires to continue as an Associate Member of the Authority. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: 4833-7301-9141.1 70 of 75 Attachment I 1 September 2, 2014 Item# 4.2 Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section 4. Subsequent Amendments. City hereby agrees that any subsequent amendments of the Authority JPA shall be binding upon the City provided, however, that it shall not be bound by any amendments that create any financial obligations on the part of the City and further provided, however, that before any amendment becomes effective as to the City it shall have not less than sixty (60) days after the effective date of the amendment to take such action to terminate its Associate Membership of the Authority, without cost or penalty. Section 5. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 6. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. 4833-7301-9141.1 71 of 75 CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: ____________ _ Gurbax Sahota, Chair Board of Directors 2 September 2, 2014 Item# 4.2 Attest: Michelle Stephens, Asst. Secretary Attest: Sheila R. Cobian, CMC, City Clerk City of Poway 4833-7301-9141.1 72 of 75 CITY OF POWAY, CALIFORNIA By: ________________________ __ Don Higginson, Mayor 3 September 2, 2014 Item# 4.2 Indemnification Agreement Between Renewable Funding LLC and the City of Poway This Indemnification Agreement (Agreement) is entered into effective as of September 3, 2014 by and between the City of Poway (City), a municipality, and Renewable Funding, LLC, (Renewable Funding) a California limited liability company, the administrator of the CaliforniaFIRST program, which is a program of the California Statewide Communities Development Authority (CSCDA) in connection with the formation, operation, financing and administration of the CaliforniaFIRST Program in the City by CSCDA and Renewable Funding as the administrator. WHEREAS, CSCDA is a joint exercise of powers authority the members of which include numerous cities and counties in the state of California; and WHEREAS, CSCDA established the CaliforniaFIRST program to allow the financing of certain renewable energy, energy efficiency and water efficiency improvements that are permanently affixed to real property through the levy of assessments pursuant to Chapter 29 of Division 7 of the Streets and Highways Code and the issuance of improvement bonds under the Improvement Bond Act of 1915 upon the security of the unpaid assessments; and WHEREAS, CSCDA has conducted proceedings required by Chapter 29 with respect to the territory within the boundaries of the City and the county of San Diego; and WHEREAS, on January 5, 2010 the City Council adopted a resolution authorizing the City to join the CaliforniaFIRST program, authorizing CSCDA to accept applications from eligible property owners, conduct assessment proceedings and levy assessment within the territory of the City and authorizing related actions; and WHEREAS, CSCDA is solely responsible for the formation, operation and administration of the CaliforniaFIRST program as well as the sale and issuance of any bonds in connection therewith, including the conduct of assessment proceedings, the levy and collection of assessments and any remedial action in the case of such assessment payments, and the offer, sale and administration of any bonds issued by the CaliforniaFIRST program, and, although no liabilities are known exist, to protect the City from any alleged liabilities in connection with the CaliforniaFIRST program, CSCDA has agreed to indemnify, defend and hold the City harmless in connection therewith; and WHEREAS, Renewable Funding is the administrator of the CaliforniaFIRST program and agrees to indemnify the City and provide insurance and add the City as an additional insured on its insurance policy or policies in connection with the operations of the CaliforniaFIRST program as set forth herein. Attachment J 1 73 of 75 September 2, 2014 Item# 4.2 NOW, THEREFORE, in consideration of the above premises and of the City's agreement to join the California FIRST program, the parties agree as follows: 1. Agreement to Indemnify. Renewable Funding agrees to defend, indemnify and hold harmless the City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgments, demands and defense costs (including, without limitation, actual, direct, out-of-pocket costs and expenses and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative) arising out of or in connection with the CaliforniaFIRST program except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Renewable Funding will conduct all defenses at its sole cost and expense and the City shall reasonably approve· selection of Renewable Funding's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies of Renewable Funding, its affiliates or any other parties are applicable thereto. The policy limits of any insurance of Renewable Funding, its affiliates or other parties are not a limitation upon the amount of indemnification to be provided by Renewable Funding. 2. Insurance. Renewable Funding agrees that at all times during the operation of the CaliforniaFirst program it shall endorse its insurance policy or policies to include as an insured the City of Poway and its elected officials, officers, employees, agents and representatives and shall maintain insurance coverage for the CaliforniaFIRST Program as follows: (i) commercial general liability insurance with minimum limits of $1 million per accident for bodily injury and property damage; (ii) workers' compensation and employer's liability insurance, if applicable, and all other insurance required by law in the jurisdiction in which the Work will be performed (as Work is defined in the CaliforniaFIRST program); (iii) professional errors and omissions insurance in an amount not less than $1 million for any single event, and (iv) automobile liability insurance covering Renewable Funding's use of automobiles, with minimum limits of $1 million per accident for bodily injury and property damage. 3. Amendment of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. 4. Severability, Governing Law, Attorneys Fees. If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid, 2 74 of 75 September 2, 2014 Item# 4.2 void, or otherwise unenforceable, the rema1mng prov1s1ons shall remain enforceable to the fullest extent permitted by law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of California applicable to contracts made and to be performed in California. In the event a suit or action is brought to enforce the terms of this Agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney's fees fixed by the court. 5. Notices, Counterparts. All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt, or mailed certified or registered mail and addressed to Renewable Funding at 500 12th, Suite 300, Oakland, CA 94607, and to the City at 14467 Lake Poway Road, Poway, CA 92064 c/o Director of Public Works. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, which together shall constitute the same instrument. IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date above. Renewable Funding LLC By: ______________________ ___ Title: _____________________ _ City of Poway By: ________________________ __ Don Higginson, Mayor HEREBY APPROVE the form of the foregoing Agreement this ____ 2014. day of By: ________________________ __ Morgan L. Foley, City Attorney 3 75 of 75 September 2, 2014 Item# 4.2 APPROVED 0 APPROVED AS AMENDED 0 (S EE MINUTES) DENIED 0 City of Poway COUNCIL AGENDA REPORT REMOVED 0 CONTINUED ________ __ RESOLUTION NO. ___ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: September 2 , 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager )8 ><{_ Robert J. Manis, Director of Development Service sPv\, Steve Crosby, City Engineer Melody Rocco, Senior Civil Engineer \.1..(... Safety Improvements related to the Intersection of Martincoit Road and Stone Canyon Road The City Council considered the installation of an all way stop control at the intersection of Martincoit Road and Stone Canyon Road on April 1, 2014. The installation was not approved but the City Council directed staff to consider other improvements at the intersection that would address safety concerns and return to the Traffic Safety Committee (TSC) with recommendations . Since that meeting staff has been analyzing the possibility of installing other safety features to improve the intersection and approaches. Recommended Action: It is recommended that the City Council: 1) Direct staff to restripe the Martincoit Road and Stone Canyon Road intersection approaches, install three W1-8 signs , and install a new flashing beacon with W1-1 0 sign and vehicle detection as shown on Attachment A ; and 2) Direct staff, as a separate item, to install one additional speed limit sign and pavement legend in the northbound direction on Martincoit Road , just north of Stone Canyon Road and relocate an existing sign and legend to just north of Rostrata Road. Background: On May 7 , 2013 during the discussion on the 2013 Traffic and Engineering Survey, which included a proposed increase in the Martincoit Road speed limit from 30 mph to 35 mph , the City Council requested that staff investigate the possibility of an all-way stop control at the intersection of Martincoit Road and Stone Canyon Road as well as options for traffi c ca lming on Martincoit Road . After meeting with the TSC , reporting to City Council , and conducting additional research , staff returned to the TSC on February 26, 2014 . Staff reported on the all-way stop control and options for traffic calming on Martincoit Road , based upon the direction from the City Council. Based upon the speed survey data collected , it was staffs opinion that traffic calmi ng measures were not 1 of 13 September 2, 2014 Item #4.3 Safety Improvements at Martincoit Road and Stone Canyon Road September 2 , 2014 Page 2 warranted and therefore no traffic calming measures were recommended . At that meeting the TSC unanimously approved staff's recommendation of an all-way stop at the intersection of Martincoit Road and Stone Canyon Road . The City Council did not approve the item when it was presented on April 1, 2014 but instead requested that staff analyze the possibility of installing other safety features to improve the intersection and approaches. Speed data was collected at five locations, as shown in Attachment D, close to the subject intersection on January 29 & 30 , 2014 , as part of the all-way stop analysis. The speed data was recorded in each location for a length of time that provided information on at least 100 unimpeded vehicles . The 851h percentile speeds were measured as follows : sstn No. Road Direction Location Percentile Speed 001 Stone Canyon Rd Westbound 1 05 ' west of Martincoit Rd 26mph 002 Martincoit Rd Southbound 345 ' north of Stone Canyon Rd 36mph 003 Martincoit Rd Northbound 70' north of Stone Canyon Rd 34mph 004 Martincoit Rd Southbound 70' south of Stone Canyon Rd 33 mph 005 Martincoit Rd Northbound 260' south of Stone Canyon Rd 35 mph Based upon the measured speeds, the existing corner sight distance to the south for Stone Canyon Road drivers turning left (north) on Martincoit Road does not meet the minimum or recommended site distances per the Cal ifornia Highway Design Manual. It was previously reported that in the past three years, between June 2010 and May 2013 , there has been one reported accident at this intersection . The incident involved an overturned sing le vehicle . There have been no additional reported accidents at this intersection through June 2014. See Attachment E. Staff has become aware of an accident that occurred on Martincoit Road in July 2014 . This single vehicle accident was approximately 1300 feet south of the intersection . Findings: Staff reviewed several options for safety improvements related to the Martincoit Road and Stone Canyon Road intersection . Some of the concepts considered are summarized below: 1. Installation of rumble strips to slow traffic approaching the intersection on Martincoit Road 2 of 13 September 2, 2014 Item #4.3 Safety Improvements at Martincoit Road and Stone Canyon Road September 2, 2014 Page 3 Rumble strips were originally reviewed as a possible traffic calming measure and were re-analyzed as a safety measure ; however, due to the noise that these strips can create and the proximity of adjacent homes to the roadway, staff feels that while they may slow drivers , they would create a significant noise nuisance. 2. Adding an acceleration lane for the left turn onto northbound Martincoit Road An acceleration lane north of the intersection would allow drivers turning left from Stone Canyon Road a place to accelerate without impacting northbound traffic . The acceleration lane would require grading of the existing shoulders , pavement widening , and re-striping . Due to the expense involved in completing a design and construction project in order to widen the street and the limited benefit gained due to the low traffic volume of the street, this concept is not recommended but will rema in a future option . 3. Installing guardrail along curves on Martincoit Road Guardrail installation was analyzed at curves along Martincoit Road south of the Stone Canyon Road intersection. The Caltrans Traffic Manual section 7-03 .3 Guardrail Installation Criteria provides a guide for the installation of guardrail at an embankment or a fixed object. It discusses criteria such as collision history , roadway alignment , operation conditions , climate conditions , and roadside recovery area. Section 7-03.4 Guardrail at Embankment Slopes provides a figure (Fig ure 7-1) for determining whether the severity of a collision with guardrail would be more or less severe than a collision over an embankment without guardrail. Based upon Figure 7-1 , the curves analyzed would result in a more severe collision with guardrail than without due to the existing slope adjacent to the road and the embankment height; therefore guardrail is not recommended . 4 . Installing a reduced speed sign for the curve south of the intersection on Martincoit Road Staff does not recommend adding reduced speed advisory signage along the curve just south of the intersection for northbound traffic . Staff analyzed the advisory curve speed for the curve south of Stone Canyon Road on Martincoit Road per the Manual on Uniform Traffic Control Devices (MUTCD ) Section 2.08 Advisory Speed Plaque using a design speed equation . The current posted speed is 35 mph . Using the design data of the road , including the radius of curvature , superelevation percentage , and side friction factor, an advisory speed of 35 mph was calculated . Posting an advisory speed below the posted 35 mph would not be consistent with the MUTCD for this location . Since the posted speed limit and advisory speed limit are equal staff does not recommend installing an advisory speed sign along this curve . Instead , staff recommends installing three W1-8 arrow signs along the west 3 of 13 September 2, 2014 Item #4.3 Safety Improvements at Martincoit Road and Stone Canyon Road September 2 , 2014 Page4 side of the curve south of the Martincoit Road and Stone Canyon Road intersection , as shown in Attachment C. 5. Re-striping the Stone Canyon Road approach to the intersection and Martincoit Road at the intersection Staff reviewed the existing striping at the Martincoit Road and Stone Canyon Road intersection. The Stone Canyon Road striping as it approaches the intersection follows the alignment of Stone Canyon Road and therefore does not meet Martincoit Road at a 90 degree angle (or perpendicular). This configuration makes drivers making the northbound left turn onto westbound Stone Canyon Road pull further through the intersection before turning left in order to stay within the westbound travel lane . The tendency of most drivers is to cut across the corner of the stop sign road striping when no cars are present at the intersection . Restriping the eastbound approach to be more perpendicular with the Martincoit Road traffic will help alleviate this tende ncy . This will also allow drivers for the eastbound Stone Canyon Road approach to have a better view in both directions on Martinco it Road prior to moving through the stop sign fo r the northbound left movement. Drivers will not need to look over their shoulder in order to see in the southbound direction . In addition , the centerline on Martincoit Road is proposed to be lengthened approximately 30 ' indicating to northbound drivers where they should begin their turn . The proposed striping is shown in Attachment B . 6 . Installation of channelizers along the Martincoit Road centerline south of the intersection Channelizers (3 ' tall flexible retroreflective posts attached to the roadway , see Attachment F) could be installed along the centerline of Martincoit Road near the northbound approach to Stone Canyon Road in order to prevent drivers from cutting across the corner of the stop sign road striping for Stone Canyon Road. Staff is currently recommending extending the centerline striping along with the Stone Canyon Road approach restriping per item 5 above to better indicate to northbound drivers where they should start their turning movement, which should eliminate this issue . Additionally channelizers are a maintenance concern as they can be easily be knocked down . If they are not continuously repaired , they could lose effectiveness . Staff recommends installing the striping and monitoring future movements of vehicles to determine if this has resolved the issue prior to installation of channelizers . 7. Installing a flashing beacon with signage for northbound traffic on Martincoit Road Drivers headed north on Martincoit Road , south of Stone Canyon Road see a curve warning sign which also indicates the approaching intersection . Staff recommends 4 of 13 September 2, 2014 Item #4.3 Safety Improvements at Martincoit Road and Stone Canyon Road September 2 , 2014 Page 5 replacing this sign with a solar powered flashing beacon and warning sign as shown in Attachment C . The flashing beacon could be installed with vehicle detection so that the beacon is not flashing all the time. The vehicle detection would detect a car and then begin flashing . The vehicle detection is proposed to be placed on Martincoit Road to trigger every time a car approaches the flashing beacon . The flashing beacon is intended to warn of the upcoming curve and intersection . Alternatively , the detection could be placed on Stone Canyon Road , howeve r it would be more expensive since the detection loop would need to be hard wired to the flashing beacon and depending upon the detection placement on Stone Canyon Road , it is possible that a car may have passed the flashing beacon on Martincoit Road before it begins flashing , indicating a car approaching the intersection on Stone Canyon Road . It could give drivers a false sense of security that there are no vehicles at the Stone Canyon Road approach . For these reasons , staff recommends installing the vehicle detection on Martincoit Road as shown on Attachment A. At the April 1, 2014 City Council meeting , in addition to the all-way stop control , staff recommended adjustment of the northbound speed limit signage on Martincoit Road . In the southbound direction there are currently three speed limit signs and pavement legends (painted speed limit on roadway) located just after each of the major intersections , Espola Road , Rostrata Road , and Stone Canyon Road . In the northbound direction they are located in two places , just after the beginning of Martincoit Road at Orchard Gate Road and approximately half-way between Stone Canyon Road and Rostrata Road . The sign and legend located between Stone Canyon Road and Rostrata Road could be moved to just north of Rostrata Road and a new sign and legend installed just north of Stone Canyon Road . Per the MUTCD regulatory signs should be used conservatively because these signs , if used to excess, tend to lose their effectiveness , so it is not recommended that more than the one additional sign be added , however staff is still recommending this signage modification . Summary of Recommendations: Staff is recommending restriping the Martincoit Road and Stone Canyon Road intersection approaches , the installation of three W1-8 signs , and installation of a new flashing beacon with W1-10 sign and vehicle detection as shown on Attachment A. The recommended improvements are inexpensive and will create better awareness for northbound Martincoit Road drivers of the upcoming curve and intersection as well as where the appropriate turning movement should be started for a left turn onto Stone Canyon Road . The intersection restriping will benefit drivers on Stone Canyon Road by creating the heightened awareness of the intersection for drivers on Martincoit Road as well as provide them a more direct view in both the northbound and southbound directions . Staff is also recommending the installation of one additional speed limit sign and pavement legend in the northbound direction on Martincoit Road , just north of Stone Canyon Road and the relocation of an existing sign and legend to just north of Rostrata Road which will help remind drivers of the speed limit on Martincoit Road . 5 of 13 September 2, 2014 Item #4 .3 ' Safety Improvements at Martincoit Road and Stone Canyon Road September 2 , 2014 Page 6 Traffic Safety Committee: At its meeting on August 13, 2014 the TSC voted unanimously to support staff's recommendation to restripe the Martincoit Road and Stone Canyon Road intersection approaches, install three W1-8 signs , and install a new flashing beacon with W1-1 0 sign and vehicle detection as shown on Attachment A. The TSC a lso supported staff's recommendation to install one additional speed limit sign and pavement legend in the northbou nd direction on Martincoit Road , just north of Stone Canyon Road and relocate an existing sign and legend to just north of Rostrata Road . Notice of the TSC meeting was sent to all perso ns previously notified for the April 1 , 2014 City Council meeting for the All-Way Stop Control at the Intersection of Martincoit Road and Stone Canyo n Road agenda item . This included residents living within a 500 foot radius from the intersection , 2 ,000 feet from the i ntersection along Martincoit Road and Stone Canyon Road , all residents that signed the previously submitted petitions , all residents that attended the February 26, 2014 TSC meeting , and all residents that emailed staff. Approximately seven (7) residents attended the TSC meeting . The residents were given an opportu nity to voice their opinions and concerns . Of the residents who chose to speak a majority indicated they either wanted the installation of the all-way stop or lowering of the speed limit but did not indicate an opinion on the recommended improvements , one was opposed to the flashing beacon , and one was opposed to the re-striping . Staff received 2 email messages; one opposed to the flashi ng beacon inst allation and one indicating the desire fo r an all-way stop installation , prior to the TSC meeting. Resident Input: Since the TSC meeting on August 13 , 2014 staff has received no resident input as of the printing of this report . Fiscal Impact: There are sufficient funds available in account number 0407-4330 for the estimated $1 ,000 striping and legend costs , and in account number 0407-4514 for the estimated $10 ,000 signage costs . Environmental Review: The proposed installation of roadway safety improvements near the intersection of Martincoit Road and Stone Canyon 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 installation of new pavement striping at the Martincoit Road and Stone Canyon Road intersection 6 of 13 September 2, 2014 Item #4.3 Safety Improvements at Martincoit Road and Stone Canyon Road September 2, 2014 Page 7 approaches , installation of three (3) W1-8 signs and installation of a new flashing beacon with a W1 -10 sign and vehicle detection . The improvements will occur on existing City streets and the installation of these roadway improvements involves no expansion of the existing use . Publ i c Not ificatio n: On August 25 , 2014 three public meeting notice signs were posted at the subject intersection . Additionally , notices were mailed to residents living within a 500 foot radius from the intersection , 2 ,000 feet from the intersection along Martincoit Road and Stone Canyon Road , all residents that were noticed for the April 1, 2014 City Council meeting , a ll the residents who attended the August 13 , 2014 TSC meeting , and all residents that emailed staff regarding this matter. Attachments : A. Recommended Improvements B. Proposed Striping C. Sign Details D . Map with Speed Data E. Accident Report F. Example of Channelizer M:\engscrv\traffic\Agcnda 14\Martincoit and Stone Cyn Safety lmp\Agcnda Repon_Final.docx 7 of 13 Sept embe r 2, 2014 Item #4.3 co 0 -..Ill. w )> -4 -4 )> (') :I: 3: m z -4 )> en CD "C S' 3 C" CD ... N N 0 ..Ill. ~ S' 3 ~ w Kimley >>>Horn $ Recomme nded Impr ove ments Restripe intersection approaches (see Attachment B) In stall W1-8 Signs (see Attachment C) Remove existing sign and install new W1-1 0 with flashing beacon (see Attachment C) Location of vehicle detection fo r the new flashing beacon on Martincoit Rd Recommended Improvements (II c 0 ; :a c 0 u m c ;; • ~ 9 of 13 ATTACHMENT 8 September 2, 2014 Item #4.3 CilC> -.s c a. Q) ·-E.!:: .s::.cn ()'0 ns Q) =(/) ~ 0 a. 0 .... a.. Kimley >>>Horn $ 10 of 13 Install three W1-8 signs Remove existin g sign and instal new W1-10 with flashing beacon Attachment C Sign Details ATTACHMENT C September 2 , 2014 Item #4.3 City of Poway ..~. Engineering Services Dept -Traffic Engineering Di vision N g, Traffic Collision History Report .. w ~ ---4 ~ 0 :I: s: m Location: Marti ncoit Rd I Stone Canyon Rd Date Range Reported : 6/1/2010 -6/30/2014 Total Number of Collisions: 1 Report No. Date Time Dist. Dir. Type of Motor Veh. Direct. of Movement Direct. of Movement Collision Involved With Travel1 Prec . Coli . 1 Travel 2 Prec. Coli. 2 10050323 8nt10 17 :50 21 ' N/S Overturned Non-Collision East Proceed ing Straight 3'WIW Total Number of Collisions: 1 ~ Settings Used For Query m en CD Parameter , r+ CD 3 Street Na m e tT C ross Street CD ~ Startine Date N N E ndine Date 0 .. Intersection ~ CD' 3 ~ w S etting MARTI NCOIT RD STONE C ANYO N RD 6 /1/2 010 6/30/2014 Intersection Related PCF Other improper Driving 8/11 /2014 Page 1 lnj. Kil 0 Figure 3H-101 (CA). Example of Channe/lzers RlgldBaae Flexible BaH 3ft .. . . 181nMJn. :~ ..l. •• -X--•• 1.51n Max. lllnlnwm 31nx121n Rttrortflector 2.251n lllnimum Flexllle Post SURFACE MOUNTED BELOW SURFACE ANCHOR NOTTOSCALE Chaptel' 3H-Owmc:!izing Devices Used for Blqlblsis of Pavement MlltiJig Plttmls Put 3 -Madcinp January 13, 2012 13 of 13 ATTACHMENT F September 2, 2014 Item #4.3 ADDITIONAL MATERIAL From: molly@chassen.com [mailto:molly@chassen.com] Sent: Monday, August 25, 2014 3:04PM To: Sheila Cobian Subject: Martincoit/Stone Canyon Intersection Hello Ms. Cobian, I will not be able to be at the meeting on the 2nd concerning the intersection at Martincoit and Stone Canyon Rds. but as resident living right up the street from there I would like to give my input about the situation. Please forward it to whoever it should go to. Thanks! I live above the intersection on Martincout Road just past Acorn Patch. I have been driving up and down the hill and through that intersection multiple times each day for 12 years, at all different hours of the day shuttling kids to school, practices, errands, personal trips and work. In all of that time none of the 5 drivers in my family have never had a "neat miss" or any problem whatsoever going through that intersection. I understand that does not necessarily mean that no one else has, but just for the record, that is our experience as prolific and frequent users of that intersection. The experience of driving up Stone Canyon (SC) and turning either right or left on Martincoit Rd. (MR) is completely different than simply traveling north or south on MR. Turning right or left from SC requires a full stop on a hill. I (Molly) do this at least once every day of my life now and have never had any trouble waiting for a few cars on MR to pass by if they happen to be present. There are some times in the day which are understandaby busier, like any time after Spm, but still the wait is always minimal. Driving north or south on MR coming to or going from Espola is very different. Every time I travel north I am extremely happy not to have to stop on an upward slant at that intersection too. I would estimate that there are one or at the most two cars waiting at the stop sign coming from SC approxiamtely 30% of the time when I am going to pass through the intersection going north on MR. There is almost NEVER another car in front of me, so their waiting time for me to approach the intesection and then pass through is only a matter of a few minutes. I know this from experience since I also come up SC many times myself and SOMETIMES have to wait for a car or two to pass. In our opinion, the system is working very well as it is. Putting in stop signs going both ways would be extremely frustrating for us. I am happy to wait whenever it is necessary to turn onto MR from SC, but see no reason why the residents of my neighborhood should be required to come to a complete stop while driving up hill when coming from both directions. I have been so thankful every single time I go through that intersection now that this attempt to put more stop signs did not go though the last time, and I hope that my interests and those of the many other presently contented residents who frequent this intesection many times in the day, year after year, will be taken into serious consideration. Thank you for your time and consideration, Ben, Molly, Julia, Tim and Tony Chassen 16021 Martincoit Rd. Molly "Healthy Menus for the Busy Lifestyle" 1 of 1 September 2, 2014, Item# 4.3 ADDITIONAL MATERIAL From: Melody Rocco Sent: Monday, August 25, 2014 11:43 AM To: 'Mary Valentine' Subject: RE: Re:proposal for Martincoit/Stone Canyon intersection Ms. Valentine, Thank you very much for your email. It has been forwarded to our City Clerk's office so that it can be shared with our Councilmembers as additional material for the Council Report. Thanks, Melody Melody Rocco, PE Senior Civil Engineer City of Poway-Development Services 13325 Civic Center Drive Poway, CA 92064 mrocco@poway.org Ph: 858-668-4622 Fax: 858-668-1212 -----Original Message----- From: Mary Valentine [mailto:lidnsou@cox.net] Sent: Sunday, August 24, 2014 2:50 PM To: Melody Rocco Subject: Re:proposal for Martincoit/Stone Canyon intersection I have had many close calls turning left onto Martincoit with people going too fast coming down Martincoit. I had one incident where a man was on his cell phone and turning onto Stone Canyon from upper Martincoit. I yelled at him to get off his phone as he went by, and he chased me around Green Valley, but I finally got away from him. Anyway the best proposal for the intersection is to have a three way stop. This will alleviate any problems that would occur with people speeding down Martincoit and giving drivers safely to turn Left onto Martincoit from Stone Canyon. I would think that would be the cheapest too. What is the objection to a three way stop anyway? Hopefully I'll be able to attend the meeting on Sept. 2nd. With concern, Mary Lou Valentine 1 of 1 September 2, 2014, Item# 4.3 APPROVED 0 APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED ________ __ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO.------- September 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager ~-A . Robert J. Manis, Director of Development Servicesf4/t Rich Whipple, City Planne~ Workshop on Home Occupation Permit Regulations At the March 4, 2014, City Council meeting, Councilmember Stev~ Vaus raised the issue of Home Occupation Permits (HOP) and proposed to amend the Poway Municipal Code (PMC) to eliminate HOP's and associated fees as a method to encourage home based businesses in Poway (Attachment A). The City Council concurred with the request to evaluate the requirements for an HOP and directed staff to return with a workshop regarding the City's HOP program and associated fees. Recommended Action: It is recommended that the City Council provide direction pertaining to Home Occupation Permit Regulations and Fees. Background: As defined in PMC Section 17.04.392, a "Home Occupation means any occupation or profession conducted or carried on entirely within a dwelling by the occupants thereof which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof and does not adversely affect other uses in the zone of which it is a part. Home occupations shall be evaluated in accordance with the provisions and criteria in Chapter 17.28 PMC." The intent of the HOP is to ensure compatibility of the proposed business use with permitted residential uses and the residential character of the neighborhood, and to ensure that the home occupation is clearly a secondary and incidental use to the single- family home. Any person proposing to operate a home based business in the City of Poway is required to obtain an HOP and to conduct business in compliance with the conditions of HOP approval. Currently, the City's Master Fee Schedule requires an initial fee for an HOP of $116, with a renewal fee of $21 due every two years. The City of Poway's HOP criteria were originally derived from the San Diego County Code and incorporated into the City's first Zoning Development Code in 1983. Since then, there have been three minor revisions to the criteria. The first was in 2008, to clarify the definition of home occupation and adjust some of the criteria, the second was 1 of 12 September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 2 in 2012, to require renewal every two years after the initial registration and the third was in 2013, to waive the permit fee for active duty military families and veterans. Under the current HOP criteria (PMC Chapter 17.28), a prospective home business owner must complete the HOP application and initial each of the conditions, noted below, to ensure that the operational requirements have been read and understood. These regulations help ensure that a proposed home business is truly an ancillary use to the main residence and that such use is not disruptive to the residential character of the neighborhood. As described in PMC Section 17.28.01 0, current conditions of approval for a Home Occupation Permit are: A. There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation. B. A home occupation shall be conducted entirely within a dwelling; if in an attached or a detached garage, shall not impede the use of said garage for vehicle storage. C. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. D. Only the residents of the dwelling unit may be engaged in the home occupation. E. There shall be no sale of goods on the premises. F. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved. G. There shall be no signs other than those permitted by this chapter. H. The required residential off-street parking shall be maintained and any need for parking generated by the conduct of such home occupation shall be met off the street. I. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located. J. Passenger vehicles only shall be permitted in connection with the conduct of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup trucks and vans. K. Renewal of Existing Permit. All home occupation permits which are renewed shall be valid for a 24-month term unless otherwise revoked. Permits shall be required to be renewed before the expiration date shown on the permit. The City shall notify all permit holders at least 30 calendar days prior to the date of the renewal. (Ord. 753 § 4, 2013) Application Process In Poway, all HOP applications are processed through the Customer Services Division of the Administrative Services Department. An HOP application can be submitted either at the City's Customer Services Counter in City Hall or online through the City's website. Each application is reviewed by Customer Services Division and Planning Division of the Development Services Department for completeness and compatibility with other 2 of 12 September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 3 land use and residential zoning regulations. Prior to submitting the application, the applicant must agree to all criteria to operate a Home Occupation and sign the application certifying that they understand and will comply with all requirements. The review process for an HOP application is tracked through the City's database program and often involves follow-up conversations with applicants to validate correct address, phone number and/or email address information. It is not uncommon for applicants to submit incomplete or vague applications to describe their business. It is, therefore, necessary to contact applicants and request that they clarify the description of their business. Research on the property may also be conducted to determine if the property has been the subject of previous code violations. A HOP will not be issued until the violation has been cleared. Once the review has been completed by Customer Services, and Development Services confirms the business use and zoning compliance, staff will approve the application and send the applicant a certificate. The average time to process an HOP is typically five to seven business days depending on the information submitted by the applicant. Types of HOP's that are in Poway include a variety of professions and trades such as general contractors, internet consultants, attorneys, mobile vendors, landscape contractors, cleaning services, music lesson services and cottage food industry preparation. Poway's HOP Fee History Beginning in 1983, the HOP fee was $20. The fee was increased to $25 in 1991 and remained until 2008, when it was raised to $100. As part of the Master Fee Schedule update in 2009, the fee was increased to $116 to reflect the City's estimated cost to process the application. HOP renewal fees are $21 and due every two years. As mentioned above, the fees reflect the costs associated with the cumulative estimated amount of staff time required to review the initial application, request follow-up information, site visits (if needed), research, etc. Table 1 oway orne ccupa 1on P H 0 f F ees Year Permit Fee Renewal Fee 1983-1991 $20 n/a 1991-2008 $25 n/a 2008-2009 $100 n/a 2009-present $116 $21 Professions, trades or businesses operated in commercial, industrial or other non- residential zones are required to obtain a City of Poway Business Certificate. Fees for Business Certificates are the same as HOP's, $116 for a new certificate and $21 for a renewal due every two years. It is important to note that in Poway, businesses located in residential zones, which are required to obtain an HOP, are exempt from obtaining a Business Certificate. 3 of 12 September 2, 2014 Item # 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 4 Code Enforcement In the past three years, the City has issued an average of 110 new HOP's annually and issues an average of 420 HOP renewals. Because HOP's are businesses in residential areas, there is an increased possibility of neighbor complaints. In 2013, Code Enforcement staff investigated 14 HOP-related complaints and there have been six complaints to date in 2014. Types of complaints include: • Employees coming to property (the most common); • Work vehicles stored on the property; • Excessive vehicular traffic coming to property; • Exterior storage of goods; • Fabrication-generated noise from machinery; • Other noises generated by the business; • Emanation of odors; • Business is being conducted out of, or occupying the garage to the point where the garage cannot accommodate vehicle parking as required. Each complaint requires a Code Compliance staff investigation. In some cases, the complaint is unfounded and a result of unrelated neighbor grievances or perceived unfair business competition. Valid complaints can require days, weeks, or even months of staff involvement to resolve. Sometimes resolution involves reminding the business owner of the permit they signed when they agreed to comply with all of the HOP criteria in the PMC. Findings: It is possible for a resident to start conducting a business from their home without the City's knowledge. However, Customer Services staff indicates that most business owners apply for an HOP because it is a common practice and may be required for the validation of the business to the Internal Revenue Service and/or the operational requirements of their business. Customer Services staff indicates that the $116 fee is not an issue for a majority of the HOP applicants because it is seen as a cost of doing business as well as being tax deductible. Equally, Poway business owners appreciate that the HOP is valid for two years, and that the renewal fee is relatively low. Last year, the City approved an HOP amendment to waive HOP fees for active duty military families and veterans. In 2013, eleven veterans received new HOPs and five others renewed. Summary of HOP regulations in other San Diego County cities Staff conducted a survey of the other cities in San Diego County to determine how each regulates HOPs and business licenses. Table 2 details the comparisons between each city in San Diego County. The following is a brief summary of the findings: 4 of 12 • All cities require ~n applicant to complete and sign an HOP form that contains, or references, the business operational conditions of approval. • Home occupation regulations are contained within the Municipal Code of each September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 5 city. • Thirteen of eighteen cities require both an HOP and a business license/certificate. • The remaining five cities, including Poway, only require an HOP in residential areas and do not require a business license. • In 1998, the San Diego County Board of Supervisors eliminated the requirement for any business certificates (licenses) and/or HOPs in the unincorporated portions of the County of San Diego. New applications • Stand-alone HOP fees vary from $25 to $220. • For cities that require both an HOP and a business license/certificate, the fees vary between $25 and $50, plus a percentage of the business annual gross receipts. Renewal • Thirteen of eighteen cities require an annual HOP renewal as part of the annual renewal of their business license. • Four of the eighteen cities do not require renewal of their HOPs. • The City of Poway requires renewal of HOPs every two years. • In most cities, the business license/HOP renewal fee is the same as the original application fee. Table 2 below, provides a summary of comparative HOP and Business License Permits for cities within San Diego County. In the table, "GR" refers to Gross Receipts, "emp" refers to employee and "sf' refers to square-feet. 5 of 12 September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 6 Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Oceanside Poway San Diego San Marcos Santee Solana Beach Vista County Yes No Yes $25 Yes $31 Yes No Yes No Yes No Yes No Yes No Yes No Yes $46 Yes $220 Yes $51 Yes $116 Yes No Yes No Yes $40 Yes $110 Yes $45 No No Table 2 Comparison of San Diego County Cities Home Occu ation Permits Yes No No No No No Yes No Yes No Yes No Yes No Yes No Yes No Yes $46 No No Yes No 2-YR $21 Yes No Yes No Yes $29 Yes $17 No No No No Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes No No Yes No $25 +% ofGR $25 + $6.5/emp if >5 %of GR starting@ $31 % of GR starting @ $30 $41 + $3/ employee $36 (registration) includes Bus and HOP %of GR starting@ $45 N/A $36+ $3/emp. N/A $101 $76 min+% ofGR + $20min +$5 emp. N/A N/A $15 min+% of GR N/A Same Same Same Same Same $21 Same N/A Same N/A Same N/A Same Same N/A N/A Same N/A Based on Councilmember Vaus's discussion on home occupations, the intent of eliminating the HOP is to reduce cost and processing requirements, thereby encouraging more home based businesses. Under the proposal, the HOP application and fee would be eliminated, but the PMC criteria would remain, and would still be applicable to any home occupation. Elimination of the HOP could result in activities that could affect adjoining residences and the neighborhood. It could also result in a resident unwittingly establishing a home occupation that is not permitted in a residential zone, to find out later that they must comply and cease business operations. Code Enforcement would be more difficult without a signed HOP where the applicant agreed to comply with all PMC requirements. 6 of 12 September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 7 Summary Based on the City Council's direction to evaluate the HOP regulations, current fees, and applicability, the following summary is provided for City Council consideration. 1. Retain the HOP application requirements, regulations and fee. Advantages: • The application form would continue to allow the City to identify who, where, and what type of home based businesses are being conducted in Poway. • An approved HOP would continue to provide the business owner the validity of the business for tax,and operational requirements. • A signed application would assist the applicant in understanding the conditions of the HOP approval. • Code Enforcement is aided with a signed application and HOP on file with the City. Disadvantages: • Applicants would be required to pay a fee for new applications and renewals. • Application processing time may be perceived to delay opening of business. 2. Eliminate the HOP, but retain regulations in PMC. Advantages: • No delay in opening of business. • No application to fill out and process. • No fees to pay. Disadvantages: • Without a HOP, a home based business owner may have a more difficult time validating their business to the IRS and/or meeting the operational requirements of their business. This could include not being able to prove an owner has a legitimate business to potential customers, banks and other institutions with whom the business would interact. It could affect the ability to get a business loan, receive business discounts, and/or interact with other business organizations. • Elimination of the HOP may result in a retreat from small leased commercial office space within the City back to the home because they no longer would require an HOP or business certificate to operate the business from the 7 of 12 September 2, 2014 Item# 5.1 Workshop on Home Occupation Permit Regulations September 2, 2014 Page 8 home. This may, in turn, result in increased commercial vacancy rates that would affect other businesses and corresponding City revenues. • There would be an assumption that business owners would read the PMC regulations or check with City staff before establishing a business in order to understand and comply with PMC regulations for HOPs. • Without knowledge of HOP criteria, business owners may unknowingly create conflicts with surrounding neighbors. • The Code Compliance Division could likely see a potentially significant increase in neighborhood complaints, which would divert their time from other cases. 3. Elimination of the HOP fee (retain HOP application and regulations in PMC). • The City would lose an estimated $21,200 annually in fee revenue generated by the current HOP program. The continued cost to implement and monitor the HOP program would have to be offset by the General Fund or other funding source. Fiscal Impact: Based on an estimated 110 new HOPs and 420 renewal HOPs issued each year, projected revenue from HOP fees is $21,200 annually. These fees are established to offset, or partially offset, staff costs to process and monitor HOPs. If the fee is reduced or eliminated, revenue losses will be absorbed by the General Fund. Environmental Review: The matter of this workshop discussion is not subject to the California Environmental Quality Act (CEQA). Any subsequent action by the City Council to amend the PMC would be subject to additional environmental review. Public Notification: None Attachments: A. Councilmember Steve Vaus Memorandum, Home Occupation Permit (dated March 4, 2014), including additional material received for March 4, 2014 meeting. M:\planning\ 14 Reports\Workshop\HOP\rpt.docx 8 of 12 September 2, 2014 Item # 5.1 CITY OF POWAY MEMORANDUM TO: Mayor and Members of the City Council FROM: Steve Vaus, Councilmember DATE: March 4 , 2014 SUBJECT: Home Occupation Permit Apple, Amazon , Google, Hewlett-Packard are all fabulously successful businesses with an interesting commonality ... they started as home businesses. Poway should do everything possible to encourage and incubate business -everything possible to d rive home the message that POWAY MEANS BUSINESS. With that in mind , I can think of no reason to require a Home Occupation Permit (and associ ated fees) when a resident works out of the ir home to chase their entrepreneurial dreams. With the concurrence of the Council I propose we eliminate the permits and fees c urrently associated with Home Occupations. I suggest Poway Municipal Code Section 17.28.010 (Ge neral Requ irements) be revised as follows : 17.28.01 0 General requirements Home occupations may be are permitted only when in compliance with the conditions li sted in this ch apter. A permit must be issued by the 0e¥elopment SeNices DiFeGtor prior to operation of such use. Unless exempt from payment as described in PMC 17.28.020, the fee shall be in aooordance with those adopted by City Council resolution . The permit shall be issued for a term of 24 months. A. There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation. B. A home occupation shall be conducted entirely within a dwelling ; if in an attached or a detached garage, shall not impede the use of said garage for v e hicle storage. C . Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited . D . Only the residents of the dwelling unit may be engaged in the home occupation . E. There shall be no sale of goods on the premises. 9 of 12 ATTACHMENT A September 2, 2014 Item# 5.1 Home Occupation Perm it Februa ry 18, 201 4 Page 2 of2 F . The establishment and conduct of a home occ upation shall not change the principal cha racter o r use of the dwelling unit involved. G . There shall be no signs other than those permitted by this chapter. H . The required residential off-street parking shall be maintained and any need for parking generated by the conduct of such home occupation shall be met off the street. I. A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located . J . Passenger vehicles only shall be permitted in connection with the conduct of the home occupation. Passenger vehicles include motorcycles, automobiles, pickup trucks and vans . K . ReRowal of ~stiRg Por:mit. AU horflo OGGYpatioR poFFRits •.vhioh are FOROVJOa shall be valid for a 24 FfiORtil tor:m I:IRioss otherwise FO'IOkeEi . PoFFRits shall be roq~:~iFOEi to be reRmwa eefore the e.-piratioR aate showR oR the per:mit . The City shall Ratify all per:mit holders at least 30 oaleRaar days prior to the date of tho FORO'Nal. (Ora . 753 § 4 , 2013) PMC Section 17.28.020 , should be struck in its entirety. 17.28.020 Yemption fFem payment of foe. A. E•1oFY persoR who is seNiRg oR aoti¥e ai:Jty iR the FflilitafY, Ra¥al , or air seNice of the URitOEt States , oF aRy spo1:1se oF registeFOEi aorflestio partAeF of a persoR ttlflo is seNiRg oR aGtNe al:lty iR the Fflilitary , Aa¥al , or air seNice of tho URiteEi States , aoo •.vho is a resiaeRt of this City Fflay COREii:IGt a horflo oGGlJpatioR tMth a per:mit iss1:1od p1:1rs1:1aRt to this ohaptor tfflthoi:Jt payrfloRt of aRy foe . 8. Every persoR who is hOROFaely aisohargoa or hoROFaely relie,.~ frorfl tile Fflilitaf)f, Aaval , oF air seNice of the URited States aRa who is a resiaeRt of this City Fflay GOROI:IGt a horfle ooo~:~patioR with a poFFRit iss1:1ed p1:1rs1:1aRt to this ohapter witho~:~t payrfleRt of aRy fee: C . Clairfl for E.-eR=~ptioR . ARy persoR olairfliRg aR OlE"OFflptioR p1:1rs1:1aRt to this sootioR shall (at the tirfle of applioatioR for the per:mit) pro<:J~:~ce to the City his or her FflilitaFY iaeRtifioatioR , or Fflilitary aepeRaeAt iaeRtifioatioR , or a oopy of his or her DO FoFFfl 2 14 , oF a oopy of that persoR 's oertifioate of hoRoFaele aisoharge oF hoRoraelo relief frorfl a1:1ty . (Ora . 7 53 § 4 , 2013 ) 10 of 12 September 2 , 2014 Item # 5.1 ADDITIONAl MATERIAL From: Marcia Kipp [mailto:marcia.kipp@sbcglobal.net] Sent: Tuesday, March 04, 2014 12:57 PM To: Steve Vaus Subject: Home Occupation Permits Hello Mr. V aus, I think you are a good addition to the Poway City Council. I like that you bring forth fresh ideas. Although I appreciate what you are trying to achieve by doing away with Home Occupation Permits, I have some concerns. The value of the permit it is that the applicant discloses the nature of the proposed business to the city, and the applicant agrees in writing that they understand and agree to abide by the provisions in the municipal code. By this process, the city staff can determine if the proposed business is suitable for a residential area. This results in mutually agreed upon limits to the business. Should the business grow, or the scope of the activities change to the point that the· business is no longer suited for a residential zone, then the city has the power to revoke the permit. Without the permit, there is little to encourage a businessperson to take on the additional· overhead of relocating their company to a properly zoned commercial or industrial area. Some will relocate on. their own at the appropriate stage because they know it will allow their business to grow, however some will not. If you lose the Home Occupation Permit, then you lose not only an enforcement tool, but a means of communication between the home-based businessperson and the city. Without this dialogue, I foresee a greater instance of neighbor-initiated complaints against home based businesses that are operating outside the framework of the municipal code and without the city's knowledge. Another item that should be addressed is what would happen to people who currently hold a permit that contains conditions? By this; I mean b1,1sinesses that engage in activities that are not allowed in a residential zone, but are being allowed to operate as long as they do "x,y, and z". If the permit was no longer required, would the conditions disappear? Would the business still be able to operate out of a home, or would it then be required to move to an appropriately zoned area? Whatever the outcome, the section of the municipal code pertaining to Home Occupations should be clarified. On the city webpage where the link to download the permit is, there is the provision stating " ... no mechanical equipment used, except that necessary for housekeeping purposes ... ". This statement is missing froin both the checklist on the permit application and from the municipal code. Including this provision in the text of the municipal code regarding home occupations would provide clarification for enforcement purposes. 11 of 12 September 2, 2014 Item# 5.1 ADDITIONAl MATERIAl The section of the municipal code covering the intent of the residential zoning brings up issues such as protection from noise, fumes, etc. Perhaps it would be helpful to reiterate these items in the section pertaining to home occupations? Neither of these items would be more restrictive, as the prohibition against manufacturing already exists in the municipal code, but they would provide clarification, as the current list of prohibitions in the section on home occupations, is vague. Additionally, a person wishing to ascertain whether their proposed business was a compatible home occupation would not have to hunt through the municipal code to see all of the conditions that must be met. The overarching goal is to provide a welcoming environment for innovation, but still provide protection for residents against those who are not proactive in minimizing the effect of their business on their neighborhood. For this reason, the Home Occupation Permit is of value and should remain. Thank you for your service to the community. Best regards, Marcia M. Kipp 12 of 12 September 2, 2014 Item# 5.1 Item 8.1 "Hike, Bike and Ride across Poway" -(verbal report). ----------------~~~~~~~~~~~~~~~~~~~- Item 8.2 Water Saving Tips