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02-05-19 Agenda PacketCITY OF POWAY I CITY COUNCIL AGENDA TUESDAY, FEBRUARY 5, 2019 REGULAR CITY COUNCIL MEETING -7:00 P.M. COUNCIL CHAMBERS ! 13325 CIVIC CENTER DRIVE I POWAY, CALIFORNIA 92064 The City Council also sits as the City of Poway Planning Commission, Poway Housing Authority, Public Financing Authority and Successor Agency to the Poway Redevelopment Agency The City of Poway welcomes you and encourages your continued interest and involvement in the City's decision-making process. MEETINGS: Regular City Counci l meetings are held on the first and third Tuesday of the month at 7:00 p.m . PUBLIC MEETING ACCESS: Regular City Council meetings are broadcast live on Cox Communications Channel 24 and Time Warner Channel 19. Council meeting videos are archived and available for viewing on the City's website. AGENDA MATERIALS: This agenda contains a brief summary of each item the Council will consider. The Agenda and Agenda Packet is posted seven (7) days prior to regular City Council meetings and are available for viewing on the City's website at www.poway.org or in the City Clerk's office of City Hall, 13325 Civic Center Drive. Sign up at www.poway .org to receive emai l notifications when City Council agendas are published online. Items listed on the agenda with a "#" symbol are in preparation. SPEAKERS: Persons wishing to address the Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker's Slip to the City Clerk prior to the meeting or the announcement of the item. All comments will be limited to three (3) minutes. AMERICAN DISABILITIES ACT TITLE 11: In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's office 858.668.4530 at least 24 hours prior to the meeting. REMINDER: As a courtesy to all attendees, please silence all electronic devices and engage in conversations outside the Council Chambers. John Mullin Council member Caylin Frank Councilmember Steve Vaus Mayor Dave Grosch Deputy Mayor Barry Leonard Council member CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION Mullin, Leonard, Frank, Grosch, Vaus Recognition of Fire Captain Paramedic Aaron Miranda, Emergency Medical Services 2018 Educator of the Year PUBLIC ORAL COMMUNICATIONS NOTE: In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. If appropriate, your concerns will be referred to staff. Comments are limited to three (3) minutes. Speakers will have only one opportunity to address the Council under Public Oral Communications. 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 of Warrant Registers for the Periods of December 24, 2018 through December 28, 2018; December 31, 2018 through January 4, 2019; and January 7, 2019 through January 11, 2019 1.3 Approval of the January 8, 2019 Special City Council Meeting Minutes 1.4 Award of Contract to Willdan Financial Services for Special Districts and Fire Protection Special Tax, RFP 19-009 1.5 Award of Contract to Kissinger & Herring, Inc. for Trucking and Operator Services, RFP 19-008 1.6 Approval of Contract with City of San Diego for Fire/EMS Dispatch Services 1. 7 Second Reading and Adoption of Ordinance No. 824 entitled, "An Ordinance of the City of Poway, California, Amending Chapter 1.16 of the Poway Municipal Code Establishing Regulations for Custody and Use of the City Seal and City Insignia" 1.8 Second Reading and Adoption of Ordinance No. 825 entitled, "An Ordinance of the City of Poway, California, Amending Title 13 of the Poway Municipal Code Establishing Regulations for Street Lighting (Zoning Ordinance Amendment 18-004)" 1.9 Acceptance of the Water Distribution SystemfTreatment Plant Rehabilitation and PS1 Electrical System Upgrade Project; Bid No. 17-019 NEWest Construction Co., Inc. 2. ORDINANCE None. Page2 City Council -Regular Agenda February 5, 2019 3. PUBLIC HEARING 3.1 Resolution Declaring that the Property at 13990 Humo Drive Constitutes a "Public Nuisance" and Ordering the Property Owners to Abate the Violation City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring Conditions Present at 13990 Humo Drive, Poway, California to be a Public Nuisance and Ordering the Abatement Thereof." 3.2 Resolution Declaring that the Property at 13746 Frame Road Constitutes a "Public Nuisance" and Ordering the Property Owner to Abate the Violation City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Finding and Declaring Conditions Present at 137 46 Frame Road, Poway, California to be a Public Nuisance and Ordering the Abatement Thereof." 3.3 Conditional Use Permit 18-017: A Proposal to Operate an Athletic Gym Providing Instruction in Gymnastics, Tumbling and Competition Cheer at 12115 Paine Street City Manager's Recommendation: It is recommended that the City Council take public input, close the public hearing and adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 18-017 APN: 317-271-46 & 317-271- 67." 4. STAFF REPORT 4.1 Pre-Development Conference (PDC) 18-002, A request for review of a proposal to construct a wireless communication facility on City-owned property located at 13875 Kirkham Way City Manager's Recommendation: It is recommended that the City Council provide input and direction regarding the request. 4.2 Amendment to the City's Financial Policy City Manager's Recommendation: It is recommended that the City Council adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Amending and Adopting the Financial Policy." 4.3 Development Review 18-011: A Request to Modify the Expiration Date of the Previously Approved Development Review for the Villa de Vida Affordable Housing Development City Manager's Recommendation: It is recommended that the City Council adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, Approving Development Review 18-011 APN: 317-152-14." 4.4 Adoption of a Resolution Authorizing the Hire of a CalPERS Retired Annuitant with an Exception to the 180-Day Wait Period in Compliance with Government Code Sections 7522.56 and 21224 City Manager's Recommendation: It is recommended that the City Council adopt a Resolution entitled "A Resolution of the City Council of the City of Poway, California, for a 180-Day Waiting Period Exception to Hire a Retired Annuitant Pursuant to Government Codes Sections 7522.56 and 21224." Page 3 City Council -Regular Agenda February 5, 2019 5. WORKSHOP None. 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS COUNCILMEMBER COMMITTEE REPORTS -Pursuant to AB1234 -(G .C. 53232(d)) JOHN MULLIN BARRY LEONARD CAYLIN FRANK DAVE GROSCH STEVE VAUS 6 .1 HOMES -Home On My Extra Space, Pilot Program Proposal 7. CITY MANAGER ITEMS 8. CITY ATTORNEY ITEMS ADJOURNMENT State of California County of San Diego ) ) ss. ) AFFIDAVIT OF POSTING I, Ana Marie Alarcon, Senior Administrative Assistant of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on February 1, 2019 at 5:00 p .m. Said meeting to be held at 7:00 p .m., February 5, 2019, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. Page4 City Council -Regular Agenda February 5 , 2019 Item 1.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. DATE: TO: FROM: CONTACT: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council Donna Goldsmith, Director of Finance~- Javier Carcamo, Finance Manager , A/) (858) 668-4427 or jcarcamo@poway.Olg ( APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED _____ _ RESOLUTTON NO. SUBJECT: Ratification of Warrant Registers for the Periods of December 24, 2018 through December 28, 2018; December 31, 2018 through January 4, 2019; and January 7, 2019 through January 11, 2019 Summary: The attached warrant register reports for the periods of December 24, 2018 through December 28, 2018; December 31, 2018 through January 4, 2019; and January 7, 2019 through January 11, 2019 are submitted to the City Council for ratification/approval. Recommended Action: II is recommended that the City Council ratify/approve the attached warrant registers. Discussion: Weekly registers of audited demands are periodically submitted to the City Council by the Finance Director for ratification/approval. Date December 24, 2018 through December 28, 2018 Amount $554,005.57 Warrants for amounts in excess of $100,000 for this period include: Warrant Payroll 12-7-18 CalPERS Date December 31, 2018 lhrough January 4, 2019 Check Number 904954 Amount $5,057,076.11 Warrants for amounts in excess of $100,000 for this period include: Warrant December 2018 Medical Insurance Local Agency Investment Fund Deposit Payroll 1-4-19 Date January 7, 2019 through January 11, 2019 Check Number 402633 904959 904962 Amount $11,387,958.32 Warrants for amounts in excess of $100,000 for this period include: Amount $ 136,227.54 Amount $ 211,995.09 $ 4,000,000.00 $ 536,392.86 1 of 28 February 5, 2019, Item #1.2 Ratification of Warrant Registers February 5, 2019 Page 2 Warrant G 15-0014 Partial Release of Bond and Deposit January 2019 Medical Insurance Cafagna Community Center Construction Docs Design Local Agency Investment Fund Deposit Payroll 12-21-18 CalPERS Environmental Review: This item is not subject to CEQA review. Fiscal Impact: Check Number 402684 402717 402745 904975 904976 Amount $ 222,746.00 $ 214,556.82 $ 125,451.73 $10,000,000.00 $ 125,425.95 The total amount of warrants for the period of December 24, 2018 through December 28, 2018 is $554,005.57. The total amount of warrants for the period of December 31, 2018 through January 4, 2019 is $5,057,076.11. The total amount of warrants for the period of January 7, 2019 through January 11, 2019 is $11,387,958.32. Public Notification: None. Attachments: A Warrant Register for the period of December 24, 2018 through December 28, 2018 B. Warrant Register for the period of December 31, 2018 through January 4, 2019 C. Warrant Register for the period of January 7, 2019 through January 11, 2019 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 28 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~011uli{~ Tina M. White City Manager February 5, 2019, Item #1.2 0 CO CO 8 8 CD 8 0 8 0 0 0 0 co 0 N CO N N CO C) .- N N CO rn E N co N N NN CO 8 Nr NODnor8N .- U V C) A CV 1- w CI N» CV N U) w w w VDNvv0NOVcoOO) O O C Y N u7 U) .- 4 .- U) N N C) C) H M M Ml A OU V! M M 4, Vi (A H N V! N) M C) O N N L N U CD CO U) U1 C) U) in U) in U7 U)in O a) N N N N C E:.7. 0 sr 0 0 0sr7 dcc 2 L L L L U 0 U 0 NNOQNN0NNO 8 8 Q pO N• CV CV 0 0 ` O OOOppop V pM ppOOOO pO O O 0 O l0 co l0C•3 0)7 Y O v 6 N ON ON N N C) N N Co") C) co co cosr O Q F- H H F- O O 0 0 O O 0 0 O O O 8 0 0 O 0 0 0 0 0 O 0 0 0 0CVmNNN _ N oN N o N N oo o 0 0 0 0 0 gga $ A N N N O ggg ( O Lo g ( g0 g 0 0 0 o N N V V N V Ny 1' N N V CO N N VVVVVV N N N V V UC C C 0 co O) C co c y U Z n a oa U a) co co Co co co ao - w coE5c ) m W m - c U U c o g) $) oa (as O) U U N a a a C O 2Li N N ( N N N _ E a a - a 1O cgc. c0i 0 v) c c O V co co co co co co ( •o t ao U rn g' U g Register of Demands: warrants from 12/24/2018 -12/2812018 Page : 2 of 9 Check Check Payee/ Number Date VendOf# PayeeNendor Name Invoice Number Description Org Object Project Check Amount .. 402560 27-Dec-18 836 BEST BEST & KRIEGER LLP 838775 Matte, 60798.00009 Nov 2018 Gen'I Election 102010 17010 $560.90 a Service N 402561 27-Dec-18 408 BOOT WORLD INC 6438 FY19 Booe allowance (Eslll) 414040 49280 $135.74 00 904954 24-Dec-18 788 CALPERS PERS PE2018-25 PERS EFT for PE~18-25 F1000 87100 $136,227.66 PERS PE2018-25 PERS EFT for ~18-25 111010 13140 ($0.12) Total for Check 904954: $136,227.54 904958 27-Dec-18 68 CHICAGO TITLE COMPANY 73718010004 Wire Transfer: Gate DriYe Property Purchase 80002523 P2520 $1 ,476.95 402562 27-Dec-18 70 CITY CLERKS ASSOCIATION OF 163 CCAC Membership Renewal -Pemlcano 101010 49240 $55 .00 CALIFORNIA 997 CCAC Membership Renewal -Alarcon 101010 49240 $55 .00 Total for Check 402562: $110.00 402563 27-Dec-18 847 CORODATA MEDIA STORAGE INC. DS1266128 Backup Data Storage: Nov 2018 113010 41200 $143.87 402564 27-Dec-18 82 COROOATA RECORDS MANAGEMENT RS4454289 Recorda Storage 11/1/18 to 11130118 101010 41200 $956.92 INC. RS4454290 Vault Recorda Storage 11/1/18 to 11130118 100010 49040 $168.31 Total f01' Check 402564: $1 ,125.23 402565 27-Dec-18 1309 COROOATA SHREDDING. INC. ON 1211898 Shredding Sva through 1113012018 101010 41200 $172.24 402566 27-Dec-18 108 CULLIGAN WATER CONDITIONING 1118830 W8tef Softne, Salt 402060 45200 $422 .38 904957 24-Dec-18 942 DEPT. OF CHILO SUPPORT SERVICES CLO WH PE2018-26 Payroll Gamiahment F1000 66150 $1 ,889.98 402567 27-Dec-18 424 0-MAX ENGINEERING INC 4696 Material Handling Yard IGP Svea -Oct & Nov 308040 41200 $1 ,031 .22 2018 4736 \\QIP Support & Jurildictional Runoff 308040 41200 $2,357.50 Management 4695 Dry Weather Monitoring -Oct & Nov 2018 308040 41200 $9,331 .37 Services 4711 Trash Ameodmenta BMP Location 308040 41200 $8,720.00 .,, • C7' Total for Check 402567: $21 ,440.09 2 904956 24-Dec-18 97 EMPLOYMENT DEVELOPMENT CAL WH PE2018-26 CAL W/H EFT PE-.?018-26 F1000 88170 $28,304.14 • DEPARTMENT ~ 402568 27-Dec-18 465 EVOQUA WATER TECHNOLOGIES LLC 903816382 LS-1 : Liquid Odor Control_Product 403070 45200 $2 ,393.49 !" N 402569 27-Dec-18 102 FEDEX 6-350-31129 Mail Oocumentl 300030 33020 $47.19 0 ... 6-350-31129 Maw Documents 113010 33020 $12.01 ~ i 6-350-31129 Mail Documents 80005106 P5100 $38.10 Total for Check 402569: $97.30 ! 402570 27-Dec-18 116 FERGUSON WATERWORKS 0658531 R-17: Steel Pipe Repair 402560 47600 $165.83 N 402571 27-Dec-18 1706 FRANCHISE TAX BOARD PPE 12/16116 Payrol Gamiahment F1000 86150 $100.00 402556 27-Dec-18 999995 GAFUR,SONIA 2013168.001 Permit 20911 Depoalt Refund 208020 74710 $200.00 402572 27-Dec-18 816 GOLDFARB & LIPMAN LLP 129208 Current fees through 8131/18 309030 17011 $2,460.00 Register of Demands: Warrants from 12/24/2018 -12/2812018 Page: 3 of9 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount OI 402573 27-Dec-18 120 GRAINGER INC 9883430531 WTP: Sump Pit Level 402060 47600 $133.92 a 9025119554 Rain Suits-2 401060 47500 $95.96 N Total for Check 402573: $229.88 CD 402574 27-Dec-18 120 GRAINGER INC 9032369002 WarehouSe: Lantern Batteries F1000 81350 $96.98 402575 27-Dec-18 1798 HACH CHEMICAL COMPANY 11250386 Chemical Reagent& 402060 47600 $1 ,520.26 402576 27-Dec-18 483 HANSON AGGREGATES PACIFIC SOUTHWEST. INC 1960895 Crushed Aggregate Base 402560 47600 $529.87 1964890 Crosswaite: Yard Material 402560 47600 $279.07 Total for Check 402576: $808.94 402577 27-Dec-18 480 HARPER &ASSOCIATES ENGINEERING ENG-6373 Professional Services through 11/30/18 80005106 P5100 $1 ,360.00 INC 402578 27-Dec-18 152 HOME DEPOT COMMERCIAL ACCOUNT 6223236 Forming lumber 411040 47600 $59.49 5210695 Work Order 212308 repair supplies 415010 43040 $4.82 7210742 Work Order 212636: repair supplies 415010 47600 $38.44 0210773 Work Order 212861 : repair supplies 415010 43040 $83.90 0210775 Work Order 212859: repair supplies 415010 43040 $80.49 5210757 Work Order 212744: repair supplies 415010 47600 $19.64 7210828 Work Order 213369: repair supplies 415010 47600 $25.63 1223225 Tech • Shop Vac 204020 47600 $188.54 7223194 Work Order 212982: repair supplies 415010 47600 $42.83 1223221 Work Order 189087: repair supplies 415010 47600 $22.41 120766 Work Order 212743: repair supplies 415010 47600 $23.67 6210751 Work Order 212743: repair supplies 415010 47600 $74.91 'Tl CD er 6223242 Work Order 213380: repair supplies 415010 47600 $54.05 2 7210745-2018 Work Order 212647: repair supplies 415010 47600 $13.73 • 2223215 R-17: Repair Materials 402560 47600 $13.99 ~ $11 2222928 Sign nuta 411040 45300 $18.46 ~ 1223019 Dock & Flahing Float Supplies 202020 47600 $125.66 .... ~ 7210830 Chemical / Flies 403070 47600 $67 .54 ;:;: 5223255 LS-3: Exhaust Fan Repair 403070 47600 $56.47 I Total for Check 402578: $1 ,014.67 -.... 402579 27-Dec-18 1659 HYDRO PRODUCTS CORP. 5799 Installation of Tank and Filtlnga. CCTV Truck 403570 43080 $1 ,050.00 ..., 402580 27-Dec-18 1945 INTEGRITY MUNICIPAL SYSTEMS. LLC 8260 Chlorine Sa\Jbber Amual Inspection 402060 41200 $2,100.00 402581 27-Dec-18 502 KIMLEY-HORN AND ASSOCIATES. INC 12060855-1 August 2018 Services 430050 17150 $1 ,046.32 Regis ter of Demands: Warrants from 12/2412018 -12/28/2018 Page: 4 of9 Ch ecl( Checl( Pa yee/ N um ber Date Vend or # PayeeNendor N am e Invoice Number Description Org Object Project Check A mount en 402581 27-Dec-18 502 KIMLEY-HORN AND ASSOCIATES, INC 12274516-1 September 2018 Services 430050 17150 $815.16 0 Total for Check 402581 : $1 .861 .48 ~ N KOSMONT COMPANIES CD 402582 27-Dec-18 160 1705.12 008 Professional Service 1111 -11/30/18 104030 17999 $381 .25 402583 27-Dec-18 910 LOWE'S 01773 Paint 411040 47600 $30.48 402551 27-Dec-18 999993 MARLOW, PETE R G17-0007 G17-0007 Bond Release 390030 59800 $20,600.00 402557 27-Dec-18 999995 MENDOZA. MARGARITA 2013145.001 Permit t 20544 Deposit Refund 208020 74710 $200.00 402584 27-Dec-18 175 NAPA AUTO PARTS/POWAY 347022 Red Fleet: Unit 925 -Air FIiter 413010 47900 $99.72 402585 27-Dec-18 84 OFFICE DEPOT BUSINESS SERVICES DIVISION 242507991 -001 Office Supplies 101010 47100 $81 .72 242508713-001 Office Supplies 101010 47100 $14 .98 247033658-001 Office Supplies 415010 47100 $26.66 247033658-001 Office Supplies 400060 47100 $76.14 248568815-001 Buik1ing office supplies 303030 47100 S25 .62 248568389-001 Buik1ing office supplies 303030 47100 $18.57 248848420-001 Office Supplies -2nd Floor 300030 47100 $31 .48 Total for Check 402585: $275.17 402553 27-Deo-18 999998 OMORI. FORD Omori STMA Conf 19 Omori STMA Amual Conference Grant Funded 414040 14010 $798.18 402586 27-Dec-18 17 OTIS ELEVATOR COMPANY SD18156001 PCPA elevator repair 415010 43060 $460.53 402587 27-Deo-18 195 PARKWAY BUSINESS CENTRE 410-110-CU1218 Assessment Fees 105 and 110 Janua,y, 2019 410060 57300 $1 ,114.00 410-110-CU1218 Assessment Fees 105 and 110 January, 2019 414040 57300 $725.00 Total for Check 402587: $1 ,839.00 402588 27-Dec-18 25 POWAY CENTER FOR THE PERFORMING 12172018 Poway OoStage tieket sale$ transfer • PCPA F1000 86330 $6,325 .00 ARTS FOUNDATION ,, POWAY FIREFIGHTERS ASSOCIATION ID 402589 27-Dec-18 265 DUES PPE 12/16118 Fire Association dues PPE 12/16118 F1000 86100 $2,316.00 CT 2 402590 27-Dec-18 456 POWERLAND EQUIPMENT 01-209838 1418-90 Exmark 270SB Spreader 115010 61040 $7,821 .57 • ~ 402591 27-Dec-18 524 PROGRESSIVE TECHNOLOGY SECURITY 43663 City Hall : power supplies 114010 43080 $2,338.18 !1' SYSTEMS INC N 0 402592 27-Dec-18 653 PSOMAS. INC 147573 Professional Services 10/26118 to 11122/18 80005207 P5200 $2,3TT.50 ... 147620 Profeaalonal Services 10/26118 to 11122118 80004200 POOOO $1 ,737.50 !O i Total for Check 402592: $4,115.00 402593 27-Dec-18 1058 R & B PINTO PROPERTIES LLC LKCONC12/12-12/16 'Mdy Cone Pmnt (12/12-12/16118) F1000 86360 $2,385.91 -402594 27-Dec-18 200 RAYNE WATER CONDITIONING 8303-12/13/18-1/9119 Pool water Conditioning-12113-119 203020 41200 S76.41 ... N 402554 27-Dec-18 999998 ROJAS, MARIO 2013170.001 Deposit Refund Permit 20494 208020 74710 $200.00 402595 27-Dec-18 230 RUT AN AND TUCKER 826493 012782-0005 Professional Service through 102010 17010 $12,023.67 11/30/18 Regi ster of Demands : Warrants from 12/24/2018 -12/2812018 Page: 5 of9 Check C heck Payee/ Number Date Vendor # P ayeeN endor Name Invoice Number Descriptio n Org Object Project Check Amount ..., 402595 27-Dec-18 230 RUTAN AND TUCKER 826495 012782-0009 Professional Service through 102010 17020 $270.00 0 11/30l18 .... 012782--0011 Professional Servioe through N 826496 102010 17010 $517.44 00 11/30l18 826497 012782--0019 Professional Service through 11/30l18 102010 17010 $1 ,755.00 826498 012782-0020 Professional Servioe through 11/30l18 F1000 86800 $3,671 .75 826498 012782-0020Profeaslona1Servioethrough 11/30l18 102010 17010 $2,335.75 826499 012782--0023 Professional Service through 11/30l18 102010 17020 $3,158.05 826500 012782--0024 Professional Service through 11/30l18 102010 17020 $117.50 826501 012782--0026 Professional Service through 11/30l18 102010 17020 $4,995.00 826492 Professional Service through 11 /JOI 18 80001001 P1000 $1 ,909.00 Total for Check 402595: $30,753.16 402596 27-Dec-18 1771 SAN DIEGO FREIGHTLINER RA290006694 Fleet: Unit 85 -Outside Repairs 413010 43120 $971 .85 402597 27-Dec-18 221 SAN DIEGO GAS & ELECTRIC 59531914804-12/18 13053 Poway Road 11/8--12/10/18 104030 41200 $63.88 82058271564-12/18 14467 Lake Poway Road 11/08/18 -12/10/18 400060 21010 $1 ,382.91 23194668909-12/18 12325 Crosthwaite C ircle 11/08/18 -12/10/18 410060 21010 $125.31 37750258723-12/18 13725 Poway Road 11/08/18 -012/10/18 430050 21020 $59.07 93224921321 -12/18 141031/2 Stowe Or. 11/08/18 -12/10/18 426040 21010 $10.66 51260647432-12/18 13966 Rock Creek Road 11/8/18 -12/10/18 423040 21010 $9.41 41639610229-12/18 15001 Highway 67 MP 11/08/18 -12/10/18 414040 21010 $9.00 'Tl 11183824070-12/18 16275 Eapola Road 11/08/18 -12/10/18 414040 21010 $9.00 CD a 48301450768-12/18 14382 Silver Ridge Rd. 11/08/18 - 12/10/18 414040 21010 $10.26 2 .. 12900 Twin Peaks Road HM 11/12/18 -~ 48731411075-12/18 12/12/18 414040 21010 $10.45 !I' 12490 1/2 Old Pomerado Road 11/09/18 • 414040 N 48262466316-12/18 12/11/18 21010 $90.09 C -!O 93262241491-12/18 12670 1/2 Pomerado Road 11/09/18 -12/11 /18 430050 21020 $59.93 = 59971687019-12/18 14114 Midland-OPP Hist Soc-12/18 205020 21010 $192.81 I 25808256922-12/18 14445 Lake Poway_PWOpa: 11--08-18 to 12-410060 21010 $1 ,470 .29 -10-18 -13552 Highlands Ranch, L~: 11--08-18 to 12-;.., 25816724085-12/18 10-18 403070 21048 $98.64 48321383007-12/18 12910 Camino del Valle, LS-3: 11--08-18 to 12-403070 2 1042 $2,435.77 10-18 82015538790-12/18 13621 Gregg St. PS-12: 11--08-18 to 12-10-18 405060 21058 $1,498.12 Register of Demands: Warrants fl'om 12/24/2018 -12/2812018 Page. 6 019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project C heck Amount OD 402597 27-Dec-18 221 SAN DIEGO GAS & ELECTRIC 64321647992-12118 1TT10 1/2 Old Coach, LS-1 : 11-08-18 to 12-10- 403070 21055 $1,353.40 a 18 N 9-4601424467-12118 1TT49 St Andrews, LS-2: 11-08-18 to 12-10-18 403070 21053 $539.41 OD 15011872037-12118 15401 1/2 Pomerado Road 11/13118 -12113118 430050 21020 $9.87 32222332511-12118 14560 Lake Poway Rd 11/8118-12110/18 202020 21010 $448.22 Total for Check 402597: $9,886.50 402600 27-Dec-18 829 SC COMMERCIAL. LLC 0614120-IN Fleet Shop-Fuel Delivery 12112118 413010 31020 $10,642.30 402598 27-Dec-18 283 SHER'MN 'MLLIAMS 3998-8 Fire Station 11 : paint supplies 415010 43040 $55.22 402599 27-Dec-18 290 SHUSTER OIL & CHEMICAL 38302 Oil fcJf Flocculator Mixer and Motor 402060 47600 $1 ,114.94 402601 27-Dec-18 76 SOUTHERN CALIFORNIA BALLET 1210 PCPA Final Event Report 12116118 204020 74710 $1,200.00 1210 PCPA Final Event Report 12116118 F1000 86350 $48,944.00 1210 PCPA Final Event Report 12116118 204020 76320 ($7,520.00) 1210 PCPA Final Event Report 12116/18 204020 76230 ($4 ,583.25) 1210 PCPA Final Event Report 12116/18 204020 74710 ($7,920.00) Total for Check 402601 : $30.120.75 402602 27-Dec-18 1517 SWAGIT PRODUCTIONS. LLC 11960 Video Streaming Services: Nov 2018 114010 41200 $725.00 402603 27-Dec-18 351 S'lv'RCB ACCOUNTING OFFICE SW-0159569 Annual Permit Fee 308040 57300 $21 ,344.00 402604 27-Dec-18 1602 TYLER TECHNOLOGIES INC. 045-245535 Tyler Mgmt Svcs Support (Prorated 10/9/18-80006111 P6110 $6,846.00 5/8119) 045-247012 Implementation : Beckett; Dickey: Costner: 80006111 P6110 $7,706.14 Bfyan Total for Check 402604: $14,552.14 402609 27-Dec-18 1566 U.S . BANK CORPORATE PAYMENT SVC -7016-12118 Finance/HR December 2018 Statement F1000 86020 $3,490.31 -: IT 402605 27-Dec-18 897 U.S. BANK CORPORATE PAYMENT 0510-12118 Community Services December 2018 F1000 86020 $15 ,632.08 c:r SYSTEM-CS Statement .. C U .S. BANK CORPORATE PAYMENT • 402608 27-Dec-1 8 1513 2521-12118 Legislative Services December 2018 Statement F1000 86020 $142.23 < SYSTEM-LG !7' 402607 27-Dec-18 1512 U .S . BANK CORPORATE PAYMENT 6896-12118 Public Works December 2018 Statement F1000 86020 $896.71 N SYSTEM-PW 0 1511 U.S. BANK CORPORATE PAYMENT ... 402606 27-Dec-18 9376-12118 Safety December 2018 Statement F1000 86020 $9,154.98 ~ SYSTEM-SS i 904955 24-Dec-18 941 U .S . DEPT. OF THE TREASURY FED WH PE2018-26 FED W/H EFT PEl2018-26 F1000 86160 $73,341 .63 FED WH PE2018-26 FED W/H EFT PEl2018-26 F1000 86180 $23,126.02 -... N Total for Check 904955: $96,467.65 402610 27-Dec-18 204 UCSD 139225-2 Lake Poway Day Camp Field Trip 202020 47600 $630.00 402611 27-Dec-18 1580 UNIFiRST CORPORATION 361 0051157 Fleet: Mats, Uniforms & 'Mpes 415010 41200 $6.81 361 0051157 Fleet: Mats, Uniforms & 'Mpes 413010 49280 $46.02 Register of Demands: warrants from 12/24/2018 -12/2812018 Page: 7 of9 Check Check Payee/ Number D ale Vendor# P ayeeN endor Name Invo ice Number Description Org Object Project Check Amount co <402611 27-Dec-18 1580 UNIFIRST CORPORATION 361 0051819 Community Pane mats and uniforms 415010 41200 $34.51 0 361 0051819 Community Park: mats and uniforms 414040 49280 $19.<48 ... N 00 361 0051814 City Hall: mats 415010 <41200 $17.21 361 0051815 Meadowbrook : mats and mops 415010 <41200 $26.31 361 0050998 Senior Center: mats 415010 41200 $14.TT 361 0051986 Uniforms: Weekly Rental Fee 401060 49280 $34.25 361 0051985 Uniforms: weekly rental fees 415010 41200 $8.54 361 0051985 Uniforms: weekly rental fees 402060 49280 $24.94 361 0051981 Uniforms: weekly rental fee <405060 49280 $5.-44 361 0051982 Uniforms: Weekly Rental Fee 403570 49280 $34.11 361 0051984 Uniforms: Weekly Rental Fee 402560 49280 $33.85 361 0051987 Parks North: uniforms 41<4040 49280 $26.88 361 0051980 warehouse: Mata & Uniforms 415010 41200 $1 .22 361 0051980 warehouse: Mats & Uniforms 410060 49280 $5.55 361 0051978 Stormwater: uniforms 412040 49280 $14.-44 361 00519TT Fleet: Mata, Uniforms & 'Mpes 415010 41200 $8.81 361 00519TT Fleet: Mata, Uniforms & 'Mpes <413010 49280 $46.02 361 0051983 F acllltlea: uniforms 415010 49280 $8.83 361 0051979 Street: uniforms 411040 49280 $37.04 361 0051989 Twin Peaks: mats and mops 415010 41200 $11 .37 361 0051988 Public Woru Admln: mats 415010 4 1200 $8.45 "Tl 361 0051990 Lake Poway: mats 415010 41200 $9.89 CD Total for Check 402611 $<48<4 .74 CT 2 402612 27-0ec-18 1500 UNION BANK Director's CC: 11/13/18 -12/13/18 415010 47600 $20.16 It 1621-12/18 ~ !6' 1621-12/18 Director's CC: 11/13/18 -12/13118 115010 61999 $1 ,775.24 N 0 1621 -12/18 Director's CC: 11/13/18 -12/13118 402060 14010 $290.40 ..a. !O Total for Check 402612: $2,088.92 i 402613 27-Dec-18 1500 UNION BANK 1166 9960 12/13118 Credit Card Expenditures 103010 49320 $100.00 1166 9960 12/13118 Credit Card Expenditures 100010 14010 $575.00 ! Total for Checlc 402613: $675.00 .., 402614 27-0ec-18 1500 UNION BANK 1163 1226 12/13118 Credit Card Expenditures 100010 14010 $575.00 1163 1226 12/13/18 Credit Card Expenditures 104030 14010 $<495.00 7 COM 6- ul mr 14- OPS OO NNNMOCO6- 0 0O O el O O O Y O O LO O 0) a, CO 0 0 a) CO () O N O M pp < OOCOo •- N ap (O O QO N (O CO (O a) On rnaDO7 ^ oug a „,„ __ HN H H LO H (7 16- H 6- H H N. _ h Cr) Cy)) VH H H H H coH H H CO `y H H H H H H V N Ny OD YN H H H CD a) L o) 0 coa 4 ai o O OO N7 Yat L U 0 L 88Td)" o N N N 8 90 s saWNNN 00 R R N N N N N N N M N M N a) MV < < O < I- H N N N M N M N M N Cr) N N M N C') M N M N M N N N 0H O Y N 6- N O O O O O O N el O O In O ^ N N M A to UD OD V) Y V V O N Y Y Y V Ct V Q 'C < V V Y < V Y Y O v < Y Y O Y Ueo a) co CD CO CO CO CD W a) CO a0 OD CO OD CD a) a) oD CO OD CO CO m° a a a a a a a a a a a a a a a a a a a a a a EEEE Q Q N N N Q N N N N N Q 1. Q Q N N N N Q O co (o (o co a U U U U co CO 6 6 $ C a0 c0 co co co co ap OD CO co CO CO CO CO CO co CO c0 CO CO CO CO a 0 0 0 o y rn rn 3 rn w rn 3 0) o w rn rn rn aZ 3) w a`S Co- rn a) rn N C N Q N ( --0 ~ N CD Register of Demands: Warrant.s from 12/2<412018 -12/2812018 Check Check Payee/ Number Date Vendor # Payee/Vendor Name lnvoloe Numbef 402620 27-Deo-18 272 WAXIE 77928720 402621 27-Dec-18 540 WEST COAST ARBORISTS, INC. 143226 402622 27-Dec-18 280 WESTERN MOWER AND ENGINE 60639 ◄02552 27-Dec-18 999998 1/v'HITE, THOMAS L0291 -2018 Director of Finance Appro~o~ ~~ Date: ___.\_-_:~:...-=..::,..._-__.\_9+------- Page 9of9 Descnption Org Object Project Check Amount Community Center: sanitary supplies 415010 47200 $1 ,186.18 Tree removal by Fleet Maintenance 411040 41200 $1 ,079.40 Cllpper 414040 43080 S22.12 Cal EOS Conference Reimbursement: 'Mlite_ T 402060 14010 $636.18 Reglst« Total: SIM,006.57 j fv. Q' O V OD CO O> ( 0. 0) CO tC., O O O O 0 U) 0 N- c') O l0 O N O (W 8 (V' CO Q IA V Y Q) NI kr) NI Q CO 4, CO Vf V' Ml r / CO co ..-- N co .- CO. 0 CO el co co ODDc0OOONVa> V cgi O (n 0 m O N CO (inn r) v a)) O N N.O) 0 0) v O r) co V co O D) Oo 0 Oco„ co Q N- N to O O p o j v (N (0 g N 1 in a0 co O 0) N N- rD co NNOQHHHH CN') V! v> O O.- OM )No QOM) 8 O V (N N Q) N- N • om- co co CN NW IA M N (. d! a h A h N U M kA V/ H N O .) w H )- 3 w w y O W NNN Vi y m U I CD D g ON aEl v oN rn a r t p p p U p p U p p O 0 p p p p U d O N 2 (A O O O O O O O O O S V Co _N _N (8) C a N N 8g8 § 888OOOO r0 coo O (NIO O) (C S1 Q) CN. D CO 0)) NN- _ N_ 0 0) N_ O is" ttpp ((pp -(pp O N ((N 0 O CO O) CO O) 0) 0 V r) In In O V V < O V V CO CO CO V c0 (b (A co co O co e f ( n n OHHHH OO 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 O 0 n V G) COON V V 1- ,- (On LL (Cn (!O) 0 0 0LLLLLL .-LL LL (L co 47 00 COCO W m U 0 Cl Co y a. co— a s a a a Co C 0. N C a a a Y gi N a a 7 oW W C y o ff n as as o co. yN j g a a. s 5 U) t CO oa " ( 5 7 Co 3 3 N Cn C.) E y) lUp ( UV to a C C m a fO y a a) maNmas2Eanooca) 0) n C cok g pp c (% co , _ E E a s 8 > S ao) T ( a° () rt a a g J m >> Z o C U c pc V) co X to a n r O LL cO Z L y U C N H a W Li i 3 3 o £ co (i S CV a C11. w Q (n 5 v o t a m CD O S .. 0 N N O) Q (O O n W a r? 0 T T y = I J c C 0, co E E in CI CL E coo ( o W i m y°r v E E CO ° r° °r° 8i U b d D m H ti E o` I d a = o do m E LL _ CU o is yn co a ' ( o co— co QLL 5 g ,,a 0 o 0 o a i a it .133 2 $ Z) t E0d (n (f)) (n iL LL s C (7) H g m a s V 2 it V Cr 2.- d'.- a H LL cc LL LL co m Co co a7 oo o o moi c:2a _ E co Q) LL N N- N N w a N co Z 1 0O pO N (7 O Cell tpQ W a a s d a a. N U toN. ( h ('7 N N N < Q )'O CO C') if)• V a a a a a a ( rn_ _i O 0) N N n r) (') N 0) .- N N a < <H (n a0 In (n C N LL a a O N N N O .- N >z O) CD in (nn 00 0 2 S ... CO CO aD I r U U U V < el N a .— .- — ao Z V V V V CC a cc 2 X A A A A HH H H H H HZ Cl) (n U) U) CO CO 0 XCC CCX CCCCCC0HI- H H H I- L.)Z U U) (n (n I) CO (n W J J W W W W W W 0 w a a a re a r 0 0 z H H aH7f a2LU n 'a CD ad a) 65 asUw g wO Q CC X CC ZLTz Ci 7 Ce a OU 2 < 0 Z < W WW W W W QZaaaa a D O a < ZasO H H HHHmU0O00ZOH H (n LLH O C H (n Z aZ QZ QZ QZ QZ QZ W a, J ry O n J LL LLQ LL LL LL LL W Q Q O2 W W >-2 w Ur W Z LL D Q O D D 03 m 03 D m D m D a3 = Q Q a cc -I Qa W O W a < Z LL Z <0 <0 <0 QO QO QO ~ Q Q o) a LL LL 0< O I Y Y J J J J 2U 2U 2U 2U 2U 2U a Z Z ON # p tp p p O _ Register of Demands: Warrants from 12/31/2018 -1/4/2019 Page: 3 of6 Check Check Payee/ Number Date Vendor # PayeeNendor Name Invoice Number Description Org Object Project Check Amount ... 402655 04-Jan-19 8-4 OFFICE DEPOT BUSINESS SERVICES • DIVISION 250049303-001 WTP: Office Supplies 402060 47100 S21 .32 2. 250049303-001 WTP: Office Supplies 401060 47100 S23 .94 N 00 250051251-001 WTP: Office Supplies 401060 47100 $9.47 244301508-001 WTP: Office Supplies 401060 47100 $160.74 24430266~001 WTP: Office Supplies 401060 47100 S15.57 Total for Check 402655: $231 .04 402656 04-Jan-19 8-42 P . $.INDUSTRIES.INC. 100711 Narcotic Disposal 503050 47400 $195.00 402657 04-Jan-19 194 PARKHOUSE TIRE INC 3010288199 Fleet -Stock -Tires 413010 47900 S775.25 3010287351 Fleet: Hazardous Waste Disposal 413010 29100 $217.66 Total for Check 402657: S992.91 402658 04-Jan-19 1668 PBM SUPPLY & MFG. INC. 792398 Unit 541A -Parts-Hose Shank & Suet Hose 413010 47900 $18.19 402659 04-Jan-19 266 PERRY FORD OF POWAY 5032308 Red Fleet: Stock (4) Exhaust Emission 413010 47900 $58.79 402660 04-Jan-19 25 POWAY CENTER FOR THE PERFORMING 12312018 Poway OnStage ticket sales transfer -PCPA F1000 86330 $9,396.00 ARTS FOUNDATION 402661 04-Jan-19 353 POWAY HIGH CHORAL BOOSTERS 1218 PCPA Final Event Report 12/11/18 F1000 86350 $5,660.00 1216 PCPA Final Event Report 12/11/18 204020 76320 ($1 ,116.00) Total for Check 402661 : $4 ,544 .00 402662 04-Jan-19 274 POWAY SENIOR CENTER 984 Phone/cable reimbursement 12/15116 -1/14/19 114010 33010 S250.00 984 Phone/cable reimbursement 12/15118 -1/14119 114010 22000 S96 .79 Total for Check 402662: S348.79 402663 04-Jan-19 273 POWAY UNIFIED SCHOOL DISTRICT 22115 Contract School Crossing Guard Aug 2018 504050 41070 $937.62 "ft 22116 School Crossing Guard Sept 2018 504050 41070 $1 ,026.24 CD Total for Check 402663: $1 ,965.66 er 2 402664 04-Jan-19 1058 R & B PINTO PROPERTIES LLC LKCONC-12/17-12/23 Lake 'Mdy Cone (12/17-12/23118) F1000 86360 $4,811 .78 • ~ 402665 04-Jan-19 229 RUPE'S HYDRAULICS P173615 Fleet: Unit 7 Parts-SeaVGaaket Kit 413010 47900 $89.87 !II 402666 04-Jan-19 230 RUTAN AND TUCKER 012782-0006 Professional Service through N 826494 11/30/18 121010 17011 $697.50 0 ... 402668 04-Jan-19 221 SAN DIEGO GAS & ELECTRIC 25808266178-12/18 PS-1 Punp: 11 -08-18 to 12-10-18 402060 21056 $15,611 .25 !O I 07047022786-12/18 Fire Tower 11/8/18 • 12/10/18 501050 21010 S2 . 113.70 95321310795-12/18 Fire Station 3 1117/18 -1219/18 501050 21010 $2,679.24 ! Total for Check 402668: $20,404.19 N 402667 04-Jan-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21010 $1,080.37 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21041 $5,803.80 04920133400-12/18 Group BIN : 11-08-18 to 12-10-18 402060 21043 $987.88 Register of Demands : Warrants from 12131/2018 -1/4/2019 Page: 4 of6 Check Check Payee/ Number Date Vendor # PayeeNenctor Name Invoice Number Description Org Object Project Check Amount ... 402667 04-Jan-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21049 $2,647.43 OI s. 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21050 $1 ,375.71 N 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21051 $11 ,017.23 CD 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21052 $5,605.30 04920133400-12/18 Group Bill: 11-08-18 to 12-10-18 402060 21054 $2,587.78 04920133400-12/18 Group BIH : 11-08-18 to 12-10-18 402060 21059 S993.80 04920133400-12/18 Group Biff : 11-08-18 to 12-10-18 402060 21061 $1 ,476.20 04920133400-12/18 Group BIN : 11-08-18 to 12-10-18 402060 21057 $680.80 Total for Check 402667: $34 ,256.10 402669 04-Jan-19 711 SAVMART PHARMACEUTICAL SERVICE 613176 ALS Meds 503050 47400 $463.67 613202 ALS Meds 503050 47400 $79.20 Total for Check 402669: S542 .87 402672 04-Jan-19 829 SC COMMERCIAL, LLC 0617693-IN FS#3 Fuel Delivery 12-20-18 451 gal 413010 31020 $1 ,549.32 402670 04-Jan-19 508 SCS ENGINEERS 0339351 Hazard Analysis Study 402060 41200 $2,220.00 402671 04-Jan-19 645 SO CAL SIGNS, INC. 6248 Office Supplies, nameplate 500050 47100 S20 .00 402673 04-Jan-19 776 SOUTH COAST EMERGENCY VEHICLE 492173 Red Fleet: Unit 920 Valve 413010 47900 S56 .52 SERVICE 402674 04-Jan-19 335 STATE WATER RESOURCES CONTROL W0-0143549 Anni Or1lg VVlr Discharge Pmt: 07-01 -18 to 06-402560 57300 $2,268.00 BOARD 30-19 W0-0136665 Collection Syst Disch Pennit: 07-01 -18 to 06-30 403070 57300 $12 ,259.00 -19 Total for Check 402674: $14 ,527.00 402675 04-Jan-19 1652 STREAMLINE AUTOMATION SYSTEMS, 2013-174 Streamline software 502050 41200 $10,377.00 .,, LLC CD 402676 04-Jan-19 977 TOSHIBA BUSINESS SOLUTIONS 15060480 Copier 11125/18 -12/24/18 114010 43080 $1 ,312 .01 CT 2 402677 04-Jan-19 482 TRUESDAIL LABORATORIES, INC 1803859 Potable Water Analytlcal Labor/Svcs 402060 41200 $25.17 • ~ 1803253 Potable Water Analytlcal Labor/Svcs 402060 41200 $1 ,703.58 !" 1804088 Potable Water AnalytlCal Labor/Svcs 402060 41200 $1 ,618.27 N 0 1804087 Potable Water AnalytlCal Labor/Svcs 402060 41200 $1 ,754.52 ... !I> 1803858 Potable Water AnalytlCal Labor/Svcs 402060 41200 $400.00 i 1803857 Potable Water Analytical Labor/Svcs 402060 41200 $2,356.26 -521800898 Potable Water AnalytlCal Labor/Svcs 402060 41200 $1 ,703.58 ... N Total for Check 402677: $9,581 .38 402678 04-Jan-19 462 TRUESDAIL LABORATORIES, INC 521800901 Potable Water Analytical Labor/Svcs 402060 41200 $1 ,642 .72 521800900 Potable Water Analytlcal Labor/Svcs 402060 41200 $1 ,871 .80 Register of Demands : warrants from 12/31/2018 -1/4/2019 Page: 5 of6 Check Check Payee/ Number Da te Vendor # PayeeNendor Name Invoice Number Description Org Object Project Check Amount ... 402678 04-Jan-19 462 TRUESDAIL LABORATORIES, INC 521800899 Potable water Analytical Labof/Svcs 402060 41200 $2,626.86 oa Total for Check 402678: $6,141 .38 0 -N 402679 04-Jan-19 34 U .S. BANK 5193010 Trustee Fee for 2012 CIM Office Building 80103111 51130 $2,750.00 CD Bonda 904969 04-Jan-19 785 U .S.BANKN.A. PARS ARS 2019-01 PARS ARS PE2019-01 F1000 87200 $1 ,056.58 904970 04-Jan-19 785 U .S.BANKN.A. PARS REP 2019-01 PARS REP PE2019-01 F1000 87210 $18,270.61 904971 04-Jan-19 785 U .S.BANKN.A. PARS REP EX 2019-01 PARS REP EXCESS PE2019-01 F1000 87210 $18,850.00 402680 04-Jan-19 1580 UNIFIRST CORPORATION 361 0051816 Fire Station 1 -mats/ towels 501050 49280 $29.88 361 0051818 Fire Station 3 -mall / t.owela 501050 49280 $43.51 361 0051817 Fire Station 2 mats / towels 501050 49280 $21 .89 361 0052120 PCPA Weekly Mat Service 204020 49280 $9.63 361 0052783 Unlfomls: Monthly Rental Fee 403570 49280 $34.11 361 0052785 Unlfomls: Monthly Rental Fee 402560 49280 $32.45 361 0052787 Unlfomls: Monthly Rental Fee 401060 49280 $34.25 361 0052782 Unlfomls: Monthly Rental Fee 405060 49280 $5.44 361 0052781 W1lse: Mats & Unlfomls 415010 41200 $1 .22 361 0052781 W1lse : Mats & Unlfomls 410060 49280 $5.55 361 0052778 Fleet Mata. Wpes & Uniforms 415010 41200 $8 .81 361 0052778 Fleet: Mall. Wpes & Uniforms 413010 49280 $48.11 Total for Check 402680: $274.85 402881 04-Jan-19 238 UNIFORMS PLUS 48858 Unifoml auppliea 502050 49280 $17.18 48370 Unlfomls -MOU 501050 49280 $4,474.41 -: Total for Check 402681 : $4,491 .59 CT 2 904960 02-Jan-19 334 UNION BANK-SAN DIEGO 123118 Disc Ben Flexible Spending Register Dec 2018 F 1000 80050 $7,090.35 .. '< 123118 Disc Ben Flexi ble Spending Register Dec 2018 F1000 80050 ($7,090.35) !1' 123118 Disc Ben Flexible Spending Register Dec 2018 F1000 86190 $7,090.35 N 0 904962 03-Jan-19 334 UNION BANK-SAN DIEGO PPE 12/30/18 Transfer net payroll to Union Bank PPE F1000 80030 $536,392.86 ... 12/30/18 ~ ;::; 402682 04-Jan-19 321 VERIZON WIRELESS 9819833723 Safety SefVices electronic devloea cell service 503050 22000 $304.08 I 9819833723 Safety Services electronic devloea cell service 500050 33011 S38.01 ! 9819833723 Safety Services electronic devices cell service 503050 22000 $304.08 N 9819833723 Safety SefVices electronic devices cell aeNlce 500050 33011 $38.01 9819833723 Safety Services electronic devices cell service 500050 33011 $42.93 9819833723 Safety Services electronle devices cell aeNlce 501050 33011 $5.76 -..,. 0 -N 00 Register of Demands: Warrants from 12/31/2018 -1/4/2019 Checl( Check Payee/ Number Date Vendor # Payee/Vendor Name 402682 04-Jan-19 321 VERIZON VVIRELESS 402683 04-Jan-19 293 WOLPERT, JOSEPH Invoice Number 9819833723 9819833723 2001 .200-02.18c Director of Finance Appro~~~ Date: __ )_-....;;;.~....;.....=d-..:....-_).__3--+-, ___ _ Descrip tion Org Safety Services electronic devices cell service 502050 Safety Services electronic devices cell service 504050 Fall 2018 lnstrud.or Payment 208020 Object 33011 22000 Page· 6 of6 Profect Check Amount Total for Check 402682: $42 .93 $38.55 $814.35 41300 $1 ,103.60 Reglater Total: ll,017,071.11 <O The City of Poway Director of Finance Submits the Following Register of Demands Run Date : 22-Jan-19 for the period 117/2019 -1/11/2019 and Recommends its Ratificati on/Approval: .... 00 Check Payee/ 0 C heck -Number Date Vendor# PayeeNendor Name Inv oice Number Description Org O bject Project C h eck Amoun t N 402698 10-Jan-19 506 AO REED&CO 300760 PCPA />Jr handler repa ir 415010 43020 $5,163.50 00 302244 Community Pool: Women's lock.er room tOilet 415010 41200 $453.69 302256 Fir e Station 11: kitchen sink dog 415010 41200 $402.73 93043 Healing and AC Maintenance 206020 43020 $1 ,078.66 Total for Check 402698: $7,098.58 402699 10-Jan-19 1779 ACE ELECTRIC , INC PP1 Community Park Electrical Upgrades 80006172 P6170 $36,329.42 402692 10-Jan-19 999997 ADAMS, TODD 343000()4-20 Closing Bal Refund: Overpay 134300()()4-20 F5100 81020 $218.30 402701 10-Jan-19 815 AFLAC 552389 Insurance Premiums: December 2018 F1000 66140 $551 .88 402702 10-Jan-19 1428 AIRGAS USA, LLC 9958265655 Pool CO2 Tank Rental Nov2018 203020 49360 $115.95 ► Pool Carbon Dioxide 203020 ~ 9083537162 45200 $132.47 9083228890 Pool Carbon Dioxide 203020 45200 $130.79 0 % Total for Check 402702: $379.21 .: m 402703 10-Jan-19 683 ALLSTAR FRESH WATER SYSTEMS, INC. 298991 Fire Station drinking water quarterty system 501050 43040 $95.36 z maint -4 0 402704 10-Jan-19 834 ALPHA-NUMERIC DESIGN , INC. 1466 Zero and 2019 file sticker& 301030 47100 $27.5 5 402705 10-Jan-19 953 AMERICAN MESSAGING L1073904TA DiSpateh paging 501050 41050 $370.64 402706 10-Jan-19 1644 AMP UNITED LLC PP1 Buehler Reservoir Rehabllitali 80005106 P5100 $46,218.68 402693 10-Jan-19 999997 AMS PAVING INC 49903800-23 Closing Bal Deposit Refund: 149903800-23 F 5100 86620 $1 ,200.00 49903800-23 Closing Bal Deposit Refund: 149903800-23 F5100 81020 ($364.71 ) Total for Check 402693: $835.29 .,, G 402707 10-Jan-19 21 ARAMARK REFRESHMENT SERVICES 1567284 Lake Coffee Service 202020 47600 $97.26 CT 2 1561733 City HaH: Refreshment Services 114010 47600 $160.88 • ~ Total for Check 402707: $278.14 !7' N C, 402708 10-Jan-1 9 1661 ASHLEY'S PARTY RENTALS INC. 8056 Winier Festival Heater Rentals 208020 49360 $1 ,113.79 835 AT&T .... 402709 10-Jan-19 ~ 12366964 BAN 9391050366 11/20/18 -12/19118 430050 23010 $1 ,048.87 i 12373234 BAN 9391031630 11/24/18 -12/23118 423040 22000 $20.73 12373071 BAN 9391026568 11/24/18 • 12/23118 426040 22000 $41 .37 ! 12373059 BAN 9391026555 Kumeyaay Fax-12/18 207020 33010 $58.90 N BAN 9391026564 Meadowbrook 11/24-201020 33010 S58.90 12373088 12/2312018 12373065 BAN 9391026561 Comm Park 11/24-208020 33010 $59.43 12/2312018 Register of Demands: Warrants from 1/7/2019 -1/11/2019 Page: 2 of 11 C heck Check Payee/ Number Date Vendor # PayeeNendor Name Invoice Number Description Org Object Project Check Amount ... 402709 10-Jan-19 835 AT&T 12305791 9391026545 Library Alarm 11/10-12/09/18 206020 33010 S58.90 co a Total for Check 402709: $1 ,347.10 N -402710 10-Jan-19 1950 BELSITO COMMUNICATIONS, INC Dec2018 1 year subscription Acct #1026849 501050 49240 $55.00 CD -402711 10-Jan-19 1-489 BENETRAC 655489 Employee Benefit Mgmt. System: Janua,y 2019 F1000 87399 $729.00 402685 10-Jan-19 999991 BILL YEN & ASSOCIATES WA18-008 WA 18-008 Partial Refund of Water Analysis 305030 76120 $1 ,765.00 Fee 402713 10-Jan-19 717 CALIFORNIA COMMERCIAL ASPHALT 211165 5 .55 t.ons of type Ill asphaH 411040 -45900 $364.20 ENTERPRISES, LLC 402714 10-Jan-19 48 CALIFORNIA TEAMSTERS LOCAL 911 DUES JANUARY 2019 Teamster's dues for January 2019 F1000 86110 $1 ,775.00 904976 11-Jan-19 788 CALPERS PERS PE2018-26 PERS EFT PEt2018-26 F1000 87100 $125,-425.88 PERS PE2018-26 PERS EFT PEt2018-26 111010 13140 $0.07 Total for Check 904976: $125,425.95 402712 10-Jan-19 4-45 CAL-STATE AUTO PARTS INC 22426 Fleet: Unit t3 Brake Lining Kit 413010 47900 $96.11 24253 Red Fleet: Unit 900 Battery 413010 -47900 $191 .25 2-4-424 Red Fleet: Unit 929 Battery -413010 -47900 $420.83 Total for Check -402712: $708.19 -402715 10-Jan-19 532 CANNON PACIFIC SERVICES. INC 1-4908-4 Street Sweeping -411040 -43320 $132.30 149072 Street Sweeping 411040 43320 $19,568.70 Total for Check 402715: $19,701 .00 402716 10-Jan-19 1620 CARAHSOFT TECHNOLOGY CORP. IN6102-45 Managed Security Services 113010 -41200 $49,497.85 402746 10-Jan-19 861 CHAULK MOUND TROUT RANCH 201901-002 1,500 lbs of Rainbow Trout 202020 45110 $7,305.00 -402717 10-Jan-19 1508 CIGNA HEALTHCARE OF CALIFORNIA 2404675 Insurance Premiums: January 2019 F1000 87320 $209,880.01 "Tl .. 2404675 Insurance Premiums: Janua,y 2019 F1000 87311 $4,676.81 Total for Check 402717: $214,556.82 er 2 COSTCO INHOLESALE 'Mnter Festival Teen Fundraislng Supplies 208020 47600 $213.97 .. 402718 10-Jan-19 286 775116134 ~ 402719 10-Jan-19 285 COUNCIL OF WATER UTILITIES COWU JAN2019 Council of Water Utilites Meeting: 1/1512019 401060 14010 $90.00 ~ N -402720 10-Jan-19 85 COUNTY OF SAN DIEGO AIR POLLUTION 0-4162-2001-Rl-2018 Unit 564 PCPA Permit 3/2019-312020 413010 57300 $521 .00 0 CONTROL DISTRICT ... !O 03286-1983-Rl-2018 Un11598 Crosthwaite 3/2019-3/2020 -413010 57300 $620.00 ::; Total for Check-402720: $1 ,141 .00 I -402721 10-Jan-19 488 COUNTY OF SAN DIEGO REGIONAL 19CTOFPOM06 800 MHz Radio Maintenance Service Dec 2018 11-4010 -43180 $129.39 -COMMUNICATIONS SYSTEM ... N 402722 10-Jan-19 94 COX COMMUNICATIONS 62872701 1/19 Cable TV/ Internet Group BIN: Jan 2019 114010 22000 $506.33 -402694 10-Jan-19 999997 CUDDY, DONNA 49311300-21 Overpayment '49311300-21 F5100 81020 $2,000.00 -402723 10-Jan-19 1635 CUMMING CONSTRUCTION MGMT .. INC. 68401 Cafagna Center -Cost Management 80004200 POOOO $17,132.50 402724 10-Jan-19 43 D & D SERVICES INC. 86497 FY 19 Dead Animal Removal 301030 41200 $2,120.00 Register of Demands: Warrants from ln/2019 -1/11/2019 Page: 3 of 11 Check Check Payee/ Number Date Vendor # PayeeNendor Name Invoice Number Description Org Object Project Check Amount N '402725 10-Jan-19 839 DAVE'S SPORT SALES & 15-457 Pool Staff Uniforms 203020 '49280 S337.80 0 SCREENPRINTING 2. 402726 10-Jan-19 1951 DEKRA-LITE INDUSTRIES, INC ARINV006936 FY19 Choalmas Supplies 205020 '47600 S388 .55 N 402727 10-Jan-19 1526 DEL TA DENTAL INSURANCE COMPANY BE003192371 Insurance Premiums: January 2019 F1000 87361 S954.70 CID '402728 10-Jan-19 1525 DEL TA DENTAL OF CALIFORNIA BE003190821 Insurance Premiums: January 2019 F1000 87361 $17,291 .34 BE003190821 Insurance Premiums: January 2019 F1000 87362 S335.58 Total for Check 402728: $17,626.92 904974 07-Jan-19 9-42 DEPT. OF CHILD SUPPORT SERVICES CLO 'Mi PEt2019-01 Payroll Garnishment F1000 86150 $1 ,889.98 402729 10-Jan-19 455 DIAMOND ENVIRONMENT AL SERVICES 0001705550 'Mnter Festival Fencing & Porta Potties 208020 '49360 S764 .78 402730 10-Jan-19 112 DUDEK & ASSOCIATES INC 20187634 Bio Monitoring for Stormwater Maintenance '4120-40 41200 $1 ,128.5-4 402731 10-Jan-19 590 ELEMENT13PRODUCTS 48" Hose bed cover replacement 501050 '43080 $420.23 904973 07-Jan-19 97 EMPLOYMENT DEVELOPMENT CAL 'Mi PE2018-01 CAL W/H EFT PEl2019-01 F1000 86170 $28,019.-49 DEPARTMENT 402732 10-Jan-19 «a ESCONDIDO MET AL SUPPLY 69-4583 Repair part for Water cement mixer 4110-40 '47600 S27.12 402695 10-Jan-19 999997 FACUN . MARIA 49600900-31 1/8/19 Closing Balance Refund: Overpay IM9600900-F5100 81020 S212.-42 31 402733 10-Jan-1 9 102 FEDE.X 6-400-13316 Mall Documents 80005106 P5100 $37.1'4 402734 10-Jan-19 27 FLEET PRIDE/ASSOCIATED TRUCK 17647-400 Fleet: Unit 7 -Gasket 413010 47900 S9.23 PARTS 402735 10-Jan-19 1706 FRANCHISE TAX BOARD PPE 12/30118 Payroll Garnishment F1000 86150 $100.00 402736 10-Jan-19 11'4 FULL COMPASS SYSTEMS LTD. INC00809853 TECH -Sound monitor headphones 204020 47600 S189.58 Total for Check 402736: $189.58 402737 10-Jan-19 816 GOLDFARB & LIPMAN LLP 129454 November 2018-Prof Serv for Oak Knoll 60002903 P2900 $969.00 '402738 10-Jan-19 120 GRAINGER INC 90278426" 1 Manure Hook 4120-40 45600 $350.19 .,, CD 402739 10-Jan-19 346 HAWTHORNE POVVER SYSTEMS SS100113800 Red Fleet: Unit 92-4 Outside Repairs '413010 43120 $8,653.03 17 2 '4027-40 10-Jan-19 142 HEAVILAND ENTERPRISES INC 20028-A Landscape Maintenance 4210-40 41600 $2,273.19 • ~ 20028-B Landscape Maintenance OI '4230-40 41600 $4,67-4 .39 20028-C Landscape Maintenance 4250'40 41600 $608.60 N 0 20028-D Landscape Maintenance 426040 '41600 $30,534.50 -~ 20028-E Landscape Maintenance 402060 41600 $1 ,782.55 ;:. Total for Check 402740: $39,873.23 I ! 402690 10-Jan-19 999995 HERNANDEZ.MARTHA 2013174.001 Permit 21313 Deposit Refund 208020 74710 S200.00 N 402741 10-Jan-19 152 HOME DEPOT COMMERCIAL ACCOUNT 1223301 Clamp '4120-40 47600 S10.-48 9904375 AJr conditioner for Lake Poway Crew Shed '415010 430-40 $879.69 1223298 Blue Sky SmaN Tools & Safety Supplies 207020 '45600 $87.18 Register of Demands: warrants from 117/2019 . 1/1112019 Pag e · 4 of 11 Check C heck Payee/ Number Date Vendor# PayeeNendor Name Invoice Number Description Org Object Project Check Amount II,) 402741 10-Jan-19 152 HOME DEPOT COMMERCIAL ACCOUNT 1223298 Blue Sky Small Tools & Satety Supplies 207020 47500 $10.78 ... a 1223300 Equip. Adjustments, 'Mnter Festival , Safety 203020 43080 $130.93 Supp. N Equip. Adjustments, 'Mnter Festival, Safety CID 1223300 208020 47600 $50.74 Supp. 1223300 Equip. Adjustments, 'Moler Festival, Safety Supp. 208020 47500 $41 .97 3210805 Locks 201020 47600 $43.08 9223323 Hose and nozzle 411040 47600 $77.48 1223304 Pool Paint Supplies 203020 47600 $44.75 Total for Check 4027 41 : $1 ,377.28 402742 10-Jan-19 1393 ICE-AMERICA 836 Skate Rental 'Mnter Festival 208020 49360 $4,774.00 402743 10-Jan-19 644 INFOSEND 145394 MaiNng Statements 11-21-18 to 11-30-18 112010 33020 $1,330.27 145394 Malung Statements 11-21 -18 to 11-30-18 112010 41200 $782.99 Total for Check 402743: $2,093.26 402744 10-Jao-19 347 ITRON, INC. 504828 Itron Maintenance Renewal FY 19 112010 41200 $912.59 504828 Itron Maintenance Renewal FY19 112010 43080 $887.73 Total for Check 402744: $1 ,800.32 402696 10-Jan-19 999997 JAMESON, NICHOLAS 14608100-12 Closing Bal Refund: Overpay 114608100-12 F5100 81020 $510.30 402745 10-Jan-19 1363 JEFF KATZ ARCHITECTURAL 18340 Cafagna Community Center Construction Docs 60004200 POOOO $125,451 .73 CORPORATION Design 402747 10-Jan-19 129 JRC PRINTING LLC 38721 Blue Sky Printing 207020 49220 $48.49 402748 10-Jan-19 1750 JUST CONSTRUCTION INC PP7 Espola Road Safety Improvement 60004200 POOOO $24,068.88 402749 10-Jan-19 133 KAISER FOUNDATION HEALTH PLAN INC 000104676-0000 01/19 Insurance Premiums: January F1000 87310 $77,835.48 -: 000104676-0000 01/19 Insurance Premiums: January F1000 87311 $1 ,699.14 CT 2 Total for Check 402749: $79,534.62 II ~ 402750 10-Jan-19 134 KAISER FOUNDATION HEAL TH PLAN INC 000104676-7000 01/19 Insurance PremiurnS (COBRA): January 2019 F1000 87311 $521 .87 !1' (COBRA) N 402751 10-Jan-19 757 KOi CiTY 017-1674 December Maintenance 415010 41200 $300.00 0 ... 904975 08-Jan-19 136 LAIF $10,000,000.0 ~ 010819 LAIF L.AIF Transfer 01I08/19 F1000 82010 0 ::;: LINCOLN AQUATICS Pool Safety Perimeter Net 203020 48999 $573.15 I 402752 10-Jan-19 490 76697963 • 402753 10-Jan-19 933 MAIL DISPATCH 171294 MaH Courier Servioe: Jan 2019 114010 41200 $1 ,253.56 ... N 402697 10-Jan-19 999997 MALOW'-IEY, JOSH 49901000-26 Closing Bal Dep Refund: t49901000-26 F5100 86620 $1,200.00 49901000-26 Closing Bal Dep Refund : t49901000-26 F5100 81020 ($115.66) Total for Check 402697: $1.084.34 Register of Demands: warrants from 117/2019 -1/11/2019 Page: 5 of 11 Check Check Payee/ N umber Date Vendor# PayeeNendor Name Invoice Nu mber Descri ption O rg Object Project Check Amount N 40275-4 10-Jan-19 1648 MATT PARKER HAY COMPANY 4825 'Mnter Festival Hay Rental 208020 49360 $1 ,9<46 .70 N MAYER REPROGRAPHICS INC Produce full-size plans and specs: color and 2. 402755 10-Jan-19 151 0028267-IN 80004200 POOOO $334.02 b,'w N Produce full-size plans and specs; color and 00 0028566-IN 80004200 POOOO $1 ,338.39 b,'w 0028573-IN Produce full-size plans and specs; color and b,'w 80004200 POOOO $725.33 Total for Check 402755: $2,397.74 402756 10-Jan-19 1364 MICHAEL BAKER INTERNATIONAL INC. 1030700 Espola Road Safety Improvement 80004200 POOOO $10,385.15 402687 10-Jan-19 999998 MIRANDA. AARON MlrandaDec2018 Airfare to San Fran lo receive EMS educator 501050 14010 $161 .56 award 402757 10-Jan-19 900 MISSION RESOURCE CONSERVATION DISTRICT 395 waterSmart Fleld Services: November 2018 80005106 P5100 $104.00 396 W&terSmart Fleld Svcs: Dec 2018 80005106 P5100 $106.00 Total for Check 402757: $210.00 402758 10-Jan-19 1687 MUNICIPAL ALARM TRACKING 61 False Alarm Tracking • December 2018 301030 41200 $1 ,642.40 402759 10-Jan-19 1506 MUTUAL OF OMAHA POLICYHOLDER 000815680987 Basic Llfe/AO&DNol Life/LTD/STD Prem: Dec. F1000 86210 $4,460.14 SERVICES 2018 000815680987 Basic Llfe/AO&DNol Llfe/L TO/STD Prem: Dec. F1000 87330 $3,202.81 2018 000815680987 Basic Llfe/AO&DNol Llfe/L TD/STD Prem: Dec. F1000 87350 $6,937.86 2018 000815680987 Basic Llfe/AO&DNol Llfe/L TD/STD Prem: Dec. F1000 87351 $2,134.87 2018 000800795776 "Basic Llfe/AO&DNol Llfe/L TD/STD Prem: Nov. F1000 86210 $3,826.11 2018 000800795776 "Basic Llfe/AO&DNol Llfe/L TD/STD Prem: Nov. F1000 87330 ($3,390.82) 2018 .,, 000800795776 "Basic Llfe/AO&ONol LlfelL TD/STD Prem: Nov . F1000 87350 $6,812 .10 CD 2018 er "Basic Llfe/AO&DNol Llfe/L TO/STD Prem: Nov. 2 000800795776 F1000 87351 $2,096.19 • 2018 ~ Total for Check 402759: $26,079.26 !" N 0 402760 10-Jan-19 175 NAPA AUTO PARTS/POWAY 348932 Penetrants 412040 47600 $22.05 $28.52 .. 35105-4 Fleet: Unit 22 Parts · Solenoid 413010 47900 !O Total for Check 402760: $50.57 f 402761 10-Jan-19 411 NATIONAL SAFETY COMPLIANCE. INC 75965 DOT Testing: December 2018 121010 49160 $165.00 • 402664 10-Jan-19 999993 NEIGHBORHOOD HEALTHCARE G15-0014 G 15-0014 Partial Release of Bond and Deposit 390030 59600 $220,200.00 .. N G15-0014 G 15-0014 Partial Release of Bond and Deposit 390030 59600 $2,000.00 G15-0014 G 15-0014 Partial Release of Bond and Deposit 391030 59600 $546.00 Total for Check 402664: $222,746.00 Register of Demands: Warrants from 1/7/2019 -1/11/2019 Page : 6 of 11 C h eck Check Payee/ N umber Date Vendor # PayeeNendor Name Invoice Number Description O rg Object Projecl Check Amount N -402762 10-Jan-19 527 NINYO & MOORE 224156 Espala Rd Safety Imp. Geotechn 80004200 POOOO $1 ,652.00 w 2. -402763 10-Jan-19 1056 NORTH COUNTY BUICK CADILLAC GMC 181098 Fleet: Unit 71 Parts -Adapter -413010 47900 $54.-40 N -402764 10-Jan-19 84 OFFICE DEPOT BUSINESS SERVICES 00 DIVISION 2-46876548-001 OPP Office Supplies 205020 -47100 $83.68 2-46890557-001 OPP Janitorial Supplies 205020 47200 $47.68 253393123--001 Fire Admin office paper 500050 47100 $68.9-4 251241028-001 CERT and SS supplies 500050 -47100 $16.29 251241028-001 CERT and SS aupplles 501050 1-4010 $215.-41 251241028-001 CERT and SS supplles 501050 1-4010 $96.44 251241028-001 CERT and SS supplies 500050 47100 $12.52 251241028-001 CERT and SS supplies 500050 47100 $4.88 254356851-001 OPP Office Supplies 205020 47100 $63.27 250554622-001 Wnter Festival Craft Supplies 208020 47600 $45.18 250555478-001 Wnter Festival Craft Supplies 208020 47600 $9.48 248566813--001 2019 Planner for Bui lding 303030 47100 $14 .00 248568814-001 Wall calendar for Building 303030 47100 $28.11 255901517-001 Incorrect Wall Planner Delivered 303030 47100 ($28.11) 254838390-001 Lake & Blue Sky Office Supplies 202020 47100 $41 .25 254838390-001 Lake & Blue Sky Office Supplies 207020 47100 $12.38 255899104-001 Office Supplies 103010 47100 $99.50 255900204-001 Office Supplies 103010 47100 $13.46 Total for Check 402764: $844.36 402765 10-Jan-19 189 PALOMAR MEDICAL CENTER 122218 KIIC Volunteer CPR/First Aid Training 207020 31040 $70.00 "'Tl CD 122618 First Aid/CPR/AED Training 201020 31040 $70.00 CT ~ Total for Check 402765: $140.00 C It '< 402766 10-Jan-19 220 PETTY CASH GENERAL 1-3-19 (Council) Reimburse General Petty Cash 1-3 -19 100010 1-4010 $160.40 !JI N 0 1-3 -19 (FIN) Reimburse General Petty Cash 1-3 -19 113010 47600 $9.89 1-3-19 (DSD) Reimburse General Petty Cash 1-3-19 301030 31010 $73.60 .... $0 1-3-19 (DSD) Reimburse General Petty Cash 1-3-19 300030 1-4010 $41 .77 i 1-3-19 (DSD) Reimburse General Petty Cash 1-3-19 300030 31010 $27.25 ! Total for Check 402766: $312.91 ~ 402767 10-Jan-19 265 POWAY FIREFIGHTERS ASSOCIATION DUES PPE 12/30/18 Fire Association dues for PPE 12/30/18 F1000 86100 $2,316.00 402768 10-Jan-19 274 POWAY SENIOR CENTER Dishwasher Lease Reimbursement 10/24-980 11/20/2018 208020 41200 $145.35 Register of Demands: warrants from 117/2019 -111112019 Page : 7 of 11 Check Check Payee/ Number Date Vendor # Payee/Vendor Name Invoice Number Descrip tion Org Object Project Check A mount N 402768 10-Jan-19 274 POWAY SENIOR CENTER 981 Dishwasher Lease Relmblnement 11/21 -208020 41200 $145.35 • 12/18/2018 a Total for Check 402768: $290.70 N CD 402769 10-Jan-19 1276 PREMIUM WINDOW TINTING 3672 Wndow Tlnllng Services -Poway Swim Center 80004200 POOOO $1 ,400.00 402770 10-Jan-19 524 PROGRESSIVE TECHNOLOGY SECURITY 43702 PCPA: test fire doors 415010 41200 $110.10 SYSTEMS INC 402771 10-Jan-19 1058 R & B PINTO PROPERTIES LLC LKCONC 12/24-12/30 Lake 'Mdy Cone 12/24-1213()(18 F1000 86360 $3,980.78 402772 10-Jan-19 614 RANCHO BERNARDO PRINTING. INC 43276 Wnter Festival FlyeB and Posters 208020 49220 $259.68 402773 10-Jan-19 1669 RELIANT AQUARIUM DESIGN INC. 18421 Aquarium Maintenance 206020 43040 $65.00 18317 Aquarium Maintenance & Reef Salt 206020 43040 $68.69 18367 Aquarium Maintenance & Conditioner 206020 43040 $77.92 Total for Check 402773: $231 .61 402774 10-Jan-19 1947 RESOURCES RECYCLING & RECOVERY 1184617 Return Unspent Gram Funds-Beverage 40002454 57400 $12,688.00 PGM0025 402775 10-Jan-19 210 REX TROPHIES 5480 Retirement Plaques: Rosas, VVhite & Neufeld 121010 14030 $48.49 5514 Retirement Plaque: Neufeld 121010 14030 $16.16 Total for Check 402775: $64.65 402776 10-Jan-19 224 RIGHT-OF-WAY ENGINEERING SERVICE 8180 Survey Services for Poway Road Turn Pocket 80002234 P2230 $5,760.00 INC 8181 Survey for Sycamore Avenue 411040 43201 $1 ,025.00 Total for Check 402776: $6,785.00 402777 10-Jan-19 358 ROADONE A719702 Movebronto 412040 41200 $270.00 402778 10-Jan-19 638 ROCHESTER MIDLAND CORPORATION INV00087905 Bathroom Air Freshener 415010 41400 $683.61 402686 10-Jan-19 999998 ROSEN.BRAD PHONE REIMB FY19 Phone Replacement: IT Manager 113010 33011 $200.00 .,, 402779 10-Jan-19 229 RUPE'S HYDRAULICS P173519 Fleet: Unit 7 • Ou1side Repairs 413010 43120 $1 ,115.89 CD er 845 SAGE VlEWINC. 2954 Grove Maintenance December 2018 414040 41600 $8,177.85 ... 402780 10-Jan-19 C .. 402688 10-Jan-19 999998 SALGADO. RUBEN Tuition Relmb: PSA Major Capstone & Rach '< PSM40 & PSA495 Mid . 121010 14040 $1 ,500.00 !" 402782 10-Jan-19 221 SAN DIEGO GAS & ELECTRIC 13094 Civic Center Dr 10/31-11/30/18 Pool N 14532248918-12/18 Eledrlc 203020 21010 $7,816.75 0 -~ 82485424855-12/18 14795 1/2 SllverMI Street 11/12118 -12112118 414040 21010 $301 .62 i 71205215723-12118 13221 Midland Road A 11/12118 -12112118 414040 21010 $44.80 487 45089461-12/18 13100 Poway Road 11/12118 -12112118 414040 21010 $9.00 • 64025166945-12118 13544 /lubey Street 11/12118-12112118 414040 21010 $965.14 -N 83600796106-12118 14155 1/2 Pornerado Road 11/12118 -12/12118 414040 21010 $10.26 89922224091-12118 14038 Midland Road A 11/12118 -12112118 414040 21010 $135.17 82475997843-12118 13306 1/2 Midland Road 11/12118 -12112/18 414040 21010 $42.81 Register of Demands: warrants from 1/712019 -111112019 Page. 8of11 Check Check Payee/ Number Date Vendor # Payee/Vendor Name Invoice Number Description Org Object Pro,ect C heck Arnounl N 402782 10-Jan-19 221 SAN DIEGO GAS & ELECTRIC 99522976016-12/18 14401 Pomerado Road 11/12/18 -12/12/18 414040 21010 $458.58 OI 0 ~ 937 46846063-12/18 13743112 Carriage Road 11/12/18 -12/12/18 414040 21010 $169.11 N 26480327247-12/18 MeadowbroOk Lane 11 /7-12/9/2018 201020 21010 $919.49 CID 32089688823-12/18 13090 Civic Center Dr 11/8-12/10/2018 208020 21010 $356.43 Total for Check 402782: $11 .229.16 402783 10-Jan-19 221 SAN DIEGO GAS & ELECTRIC 82033128582-12/18 13325 Civic Centef Dr 11/6-12/10/18 114010 21010 $15,025.14 402781 10-Jan-19 218 SAN DIEGO GAS & ELECTRIC/SUNDRY 04944440039-12/18 Group 811 Cycle 14 Dec 2018 421040 21010 $61 .74 04944440039-12/18 Group BIii Cycle 14 Dec 2018 423040 21010 $40.37 04944440039-12/18 Group BIii Cycle 14 Dec 2018 424040 21010 $21 .12 04944440039-12/18 Group 8111 Cycle 14 Dec 2018 425040 21010 $30.09 04944440039-12/18 Group BIii Cycle 14 Dec 2018 426040 21010 $151 .76 04944440039-12/18 Group 811 Cycle 14 Dec 2018 424140 21010 $20.31 04944440039-12/18 Group BIi Cycle 14 Dec 2018 425140 21010 $20.50 04944440039-12/18 Group Bil Cycle 14 Dec 2018 421240 21010 $10.05 04944440039-12/18 Group BIi Cycle 14 Dec 2018 430050 21020 $1 ,297.18 Total for Check 402781 : $1 ,653.12 402784 10-Jan-19 201 SAN DIEGO HUMANE SOCIETY AND 01-01-19-ACP Animal Control Services January 2019 200020 41010 $20,062.96 SPCA 402785 10-Jan-19 396 SAN DIEGO ICE CO. 00-904921 'Mnlef Festival Snow 208020 41200 $14,950.00 402786 10-Jan-19 228 SAN DIEGO ST AGE & LIGHTING SUPPLY 181514-1 'Mnter Festival Sou1d & lighting Equip Rental 208020 49360 $742.09 INC 402792 10-Jan-19 829 SC COMMERCIAL, LLC 0611759-IN Safety Services Fuel Delivery 1216/18 413010 31020 $1 ,724.87 0621548-IN Safety Services Fuel Delivery 1-3-19 Diesel 413010 31020 $1 ,415.86 "Tl Total for Check 402792: $3,140.73 CD r:r 2 402689 10-Jan-19 999998 SCHROEDER, DJ FIRE COMMAND 2B Tuition Reimbursement: Fire Command 2B 121010 14040 $325.00 It ~ 402787 10-Jan-19 252 SECRETARY OF STATE C . Legg Notary App Carol S . Legg Notary App Fee SSN 8840 103010 49240 $40.00 pt 402788 10-Jan-19 1012 SESAC 10259118 Music llcenslng 01/01 -12/3112019 200020 49240 $833.00 ~ 402789 10-Jan-19 282 SHARP REES-STEALY MEDICAL CENTER 327056542 Non DOT Urine Drug Screen 121010 49160 $32.00 .. ~ 327056543 Preplacemenl 121010 49160 $60.00 i 32TT98611 Gresdlke: class A exam 412040 49160 $110.00 • .. Total for Check 402789: $202.00 N 402790 10-Jan-19 954 SIEMENS INDUSTRY INC 5610148740 Traffic Signal Maintenance -November 2018 430050 43260 $3,816.96 5620013211 Traffic Signal Maintenance Novembef 2018 430050 43260 $7,100.77 5620022287 City Hall parking lot 430050 43270 $150.45 Register of Demands: Warrants from ln/2019 -1/11/2019 P age: 9of11 C heck Check Payee/ Nu m ber Da te Vendor # PayeeNen<l or Name Invoice Number Description O rg Object Project Ch eck Amo unt N -402790 10-.Jan-19 954 SIEMENS INDUSTRY INC 56200233-45 1-4951 Conchos Drive -430050 -43270 $2,003.19 en 9. 561 013-4086 Street Light Maintenance November 2018 -430050 43270 $3,557.01 N 00 5620015642 Street Light Response , November 2018 -430050 -43270 $3,654.22 5620022645 Valle Verde Park repair -430050 43270 $176.52 Total for Check -402790 : $20,-459. 12 402791 10-Jan-19 1690 SMART & FINAL 058768 'Mnter Festival Teen Voluntr Fundraising 208020 47600 $76.53 Supplies -402793 10-Jan-19 776 SOUTH COAST EMERGENCY VEHICLE SERVICE -492335 Red Fleet: Unit 925 • Module 413010 47900 $966.78 -492346 Red Fleet: Unit 925 • Coolant Hose 413010 -47900 $109.73 492325 Red Fleet: Unit 920 Outside Repair 413010 43120 $700.73 Total for Check 402793: $1 ,777.24 -402794 10-Jan-19 1031 SPECIAL SERVICES GROUP LLC 10362 Sheriff's annual covert track service-mobile 50-4050 22000 $960.00 GPS 402795 10-Jan-19 1627 STAMETS, EMILY 1602.200.18 Instructor Payment Fall 2018 208020 41300 $357.00 402796 10-Jan-19 312 SUPERIOR READY MIX 12768 9 cubic yards of concrete Twin Peaks & -411040 -432-40 $1,120.39 Woodcreek 904972 07-Jan-19 941 U .S . DEPT. OF THE TREASURY FED WH PE2019-01 FED W/H EFT PE12019-01 F1000 86160 $71 ,02-4 . 71 FED WH PE2019-01 FED W/H EFT PE#2019-01 F1000 86180 $21 ,662.86 Total for Check 904972: $92 ,687.57 402797 10-Jan-19 1580 UNIFIRST CORPORATION 361 0052786 Uniforms: Monthly Rental Fee -415010 41200 $8.54 361 0052786 Uniforms: Monthly Rental Fee -402060 49280 $2-4.94 361 0051813 Senior Center: mats -415010 41200 $14.77 361 0052618 Senior Center: mats -415010 41200 $1-4. 77 ,, CD CT 361 0052620 Meadowbrook: mats and mops 415010 -41200 $26.31 361 0052619 City Hall: mats 415010 41200 $17.21 2 II» 361 0052789 Public Works: mats -415010 41200 S6.-45 ~ OI 361 0052788 Parks North: uniforms 414040 49280 $26.88 N 361 0052784 Facilities: uniforms -415010 -49280 $8.83 0 ... !O 361 0052780 Streets: unifo,ms -4110-40 49280 $37.04 I 361 0052779 Stonnwater: uniforms -412040 -49280 $1-4 .44 361 0052790 Twin Peaks: mats and mops 415010 41200 $11 .37 ! 361 0052791 Lake Poway: mats 415010 41200 $9.89 ti) 361 0053-431 City Hall: mats 415010 -41200 $17.21 361 0053-432 Meadowbrook Lane: mats and mops 415010 41200 $26.3 1 361 0053591 Stormwater: uniforms -412040 49280 $14 .44 to 10 i Al 0 CO CO V M Co CO NN- N Cn CO CD Co CD CD Co N- N N 8 Cgi V . n- d . M co 0 co co Co0ncoCoCO ,- Oi co n .- Co M C) M M a) Co CO N Co M M n O (D C) O) tri O E Cr) W CV CAp69aCA68IANNVNNVCON (O C') 64 N )!7 IC) 0 0 0 N N N Q k1! M V! M 61 69 (p N M 1/f 49 N 1A V M V N N 49 69 M IA r0 Y f 0.,i 69 69 c.6 K 69 H y) a) L C) 0 caa N- co i U C) C 0 4E 0 O CV CV V V V V0x L L c L m 8 8 8 8 8 8 2 8 8 2 8 8 8 8 2 a 8 8 8 0 8 .2 7 8 8 8 .2 8 8 8 8NNNNNNNNNNNNNNNNO) O CO pp p p O C) CO CA .— .— .— CA .- CA C) CO CA CO CA CA CO N. N. N- Ca M Cr) M /- r r is V N CO C—O o o V M M V V V o N V V V o 1- F I- I- o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 o g 8 o o _o _o _o _o 0 o b o 0 o 0 C0 0 0 0 CV 8 000000 CV CV N 1- O Sr Cr) 00 O O OVVVVVVVVVVCoCoCoCAVICOVNNNN V Sr Sr COM3m Cd N Regi ster of Demands: Warrants from 1ll/2019 -1/11 /2019 Check Check Payee/ Number Date Vendor# PayeeNendor Name Invoice Number N 402804 10-Jan-19 1~ VVORLO ADVANCEMENT OF 109<4 00 T ECHNOLOGY FOR EMS AND RESCUE 0 -402700 10-Jan-19 1598 ZARRABI , DARIA ABC0910H5 N 00 402805 10-Jan-19 1573 ZORO TOOLS, INC. INV5344781 Director of Finance App~~ Date : _\11---~~d....:.....-..... \ C\---+-, ___ _ Descnplion EMS Patient Reporting Software 'Mnter Festival Air Bounce Warehouse: Spray Pai nt Org 503050 208020 F1000 Object 41200 49360 81350 Page: 11 of 11 Project Check Amount $1 ,094 .00 $876.00 $212.57 R-Olster l otal: $11 ,317,111.3 2 DATE: TO: FROM: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council A. Kay Vinson, Interim City Clerk rJW (858) 668.4535 or kvinson@poway.org Approval of Minutes The City Council Meeting Minutes submitted hereto for approval are: • January 8, 2019 Special City Council Meeting Minutes APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ RESOLUTION NO. The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority , the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the Minutes as submitted. Public Notification: None. Attachments: A. January 8, 2019 Special City Council Meeting Minutes Reviewed/Approved By: Wendy Kaserman Assistant City Manager 1 of 3 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~~~ Tina M. White City Manager February 5, 2019, 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 SPECIAL MEETING MINUTES January 8, 2019 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Vaus called the Special Meeting to order at 7:00 p.m . ROLL CALL Mullin, Leonard, Frank, Grosch, Vaus STAFF MEMBERS PRESENT City Manager Tina White; Finance Director Donna Goldsmith; Assistant Director of Public Works Rudy Guzman ; Interim City Clerk A. Kay Vinson. PLEDGE OF ALLEGIANCE Deputy Mayor Grosch led the pledge of allegiance. WATER AND SEWER RATE ADJUSTMENTS WORKSHOP 1. Recommendations for Water ~nd Sewer Rate Adjustments Finance Director Donna Goldsmith gave a slideshow presentation, outlining the City's proposed water and sewer rates that would take effect March 2019. The Proposition 218 notice will be mailed on January 16, 2019, publishing the March 5, 2019 public hearing regarding water and sewer rates. Written protests will be collected during the 45-day'protest geriod, which runs from January 16 through March 5, 2019. Ms. Goldsmith stated thatl recover pass-through costs, continue proper maintenance of the City's water and sewer systems, meet regulatory requirements, and fund necessary capital projects, staff recommends a rate increase of 4.5% for Water Commodity and 7.5% for Water Meter Charge; and a rate increase of 3.25% for the Sewer Commodity and 3.25% for Sewer Service Charge. The following speakers addressed the Council : Speaker in Support: Torrey Powers spoke in support for a vote on the ballot measure. Speakers in Opposition: Mike Fry (letter), Joe St. Lucas (letter), Chris Cruse (letter), Chris Olps, Elaine Gillum (letter), Joan Balazs (letter), Donald Nunn 2 of 3 ATTACHMENT A February 5, 2019, Item # 1 .3 City of Poway -Minutes -January 8, 2019 Neutral Speaker: Roberla McCoy Submitted a Speaker Slip in Opposition but did not speak: Marianna Bacil/a, Jim Buckley and Mary Ann Buckley (letter), Larry Cruse, and Peter Neild (letter). In addition, three letters in opposition to the rate increases were received. In response to Council inquiry, City Manager Tina White stated that Landscape Maintenance District (LMD) is an assessment through an engineer's report and a ballot procedure that must be followed to generate any changes. Water rates are fees, not assessments. In 2006, water rates became subject to Proposition 218, which requires a majority protest procedure. Ms. White went on to explain that Otay Water District conducts a survey of water and sewer rates, and the median household water use is used to calculate Poway's rates compared to other agencies. In 2019, Poway is in the lower third for water and sewer rates. Council discussed the various costs related to water and sewer use. They expressed a desire to conduct a water and sewer rate study in the coming year despite the sewer and water rates costs being lower compared to other cities. Motioned by Mayor Vaus, seconded by Councilmember Mullin to continue with process to: 1) Increase the Water Commodity (use) rate by 4.5% and increase the fixed Water Meter Charge (service) by 7.5% (effective March 2019); 2) Increase the Sewer Commodity rate by 3.25% and increase the fixed Sewer Service Charge by 3.25% (effective March 2019). Motion carried unanimously. CLOSED SESSION The City Council recessed to Closed Session at 8:09 p.m. 2. CLOSED SESSION: -PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1) Title: City Manager City Council returned from closed session at 9:28 p.m. with all Councilmembers present. There was no reportable action. ADJOURNMENT The meeting was adjourned at 9:28 p.m. 3 of 3 A. Kay Vinson Interim City Clerk City of Poway, California February 5, 2019, Item# 1.3 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council Michael Obermiller, P.E., Director of Public Works APPROVED □ APPROVED AS AMENDED □ (SEE IIINUTES) DENIED □ REMOVED □ CONnNUED ____ _ RESOLUnON NO. Eric Heidemann, Assis~~\girector of Public Works for Maintenance Operations V"' Award of Contract to Willdan Financial Services for Special Districts and Fire Protection Special Tax, RFP 19-009 A notice inviting proposals for the annual levy process for Special Districts and Fire Protection Special Tax was duly advertised on December 6 and 13, 2018. Three proposals were received and opened on January 2, 2019. Willdan Financial Services, Inc. was selected as the vendor best meeting the evaluation criteria. The first term of the Contract is two years and approximately 11 months beginning February 5, 2019 through December 31 , 2021. The Contract may be extended through a total of two separate one-year extensions. The maximum length of the Contract could be up to five years. The entire Contract and RFP are on file with the Office of the City Clerk. Recommended Action: It is recommended that the City Council award the Contract for the Annual Levy Process for Special Districts and Fire Protection Special Tax, RFP 19-009, to Willdan Financial Services, Inc., and authorize the City Manager to execute the necessary documents. Discussion: This Contract is intended for a firm to complete all requirements , including preparation of Engineer's Reports for the City's Special Districts (i.e., Landscape and Lighting Maintenance) annual levy process and, as a separate project, for the Fire Protection Special Tax annual levy process. The City has five Landscape Maintenance Districts (nine including subzones) and one Lighting District (three zones). The levy process for the City's Landscape and Lighting Maintenance Districts must be completed pursuant to the provisions of the City of Poway's Resolutions Nos. 00-034 and 00-035 (Policies for Landscape and Lighting Maintenance Districts), and the "Landscape and Lighting Act of 1972, • applicable provisions of "Proposition 218, • all of which are hereinafter called collectively "Assessment Law: Assessment Law requires the City to prepare annually an Engineer's Report for each of the five Landscape Maintenance Districts and one Lighting District to fund maintenance and operations requirements through assessments. Funding amounts for these reports come from each District and cost varies according to the · unique needs and requirements of each District. The City contributes General Benefit funding from its General Fund . 1 of 3 February 5, 2019, Item #1.4 Award of Contract for Annual Levy Process February 5 , 2019 Page 2 The Fire Protection Special Tax, approved by the voters in 1997, is collected annually in accordance with Chapter 3 .20 of the Poway Municipal Code. The firm selected will be responsible for preparation of the Fire Protection Special Tax per parcel, including those parcels that are not listed on the property tax rolls. The Director of Safety Services shall determine the use of the parcel and calculate the fire flow and supply the records of the calculation for all commercial , institutional, irrigated and vacant acreage subject to the Fire Protection Special Tax. Three proposals were received and opened on January 2 , 2019. Staff determined that Willdan Financial Services, Inc. best meets the City's requirements. Evaluation criteria for the proposals included demonstrated understanding of the services requested ; prior experience performing similar work for the City, with preference given to Consultants with experience working with government or California clients; qualifications of the firm and assigned individuals; acceptability and scope of service capabilities; fee structure and cost effectiveness of the proposal. The cost results from the proposals received are included in the table below: Willdan David Taussig & Harris & Associates Associates Landscaping & Lighting Assessment $14,990 District $25,115 $16,200 Fire Protection $2,900 $6,335 $3,250 Soecial Tax The length of the initial Contract is two years and approximately 11 months beginning February 5 , 2019 through December 31 , 2021 . The Contract may be extended subject to Council Appropriation of funds in one-year increments for total of two separate one-year extensions. The maximum length of the Contract could be up to five years. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: The total fee per year is not to exceed $17 ,890 for each of the first two years of the contract. A total appropriation of $17,890 is requested from the following Unappropriated Fund Balances as follows; Landscape Assessment Districts : $633 (Fund 2610), $7 (Fund 2620), $12 (Fund 2630), $434 (Fund 2710), $50 (Fund 2740), $76 (Fund 2750), $72 (Fund 2760), $7 (Fund 2770), $234 (Fund 2780), Lighting District: $13,464 (Fund 2790) and Fire Protection Fee: $2,900 (General Fund 1000). Funding for the preparation of FY 2020-21 assessments will be included in the FY 2019-20 Proposed Budget. Public Notification: A copy of this report has been sent to Willdan Financial Services, Inc. 2 of 3 February 5, 2019, Item #1.4 Award of Contract for Annual Levy Process February 5 , 2019 Page 3 Attachments: None. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of3 Reviewed By: Alan Fenstermacher City Attorney Approved By: Tina M. White City Manager February 5 , 2019, Item #1.4 City of Poway COUNCIL AGENDA REPORT APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED REMOVED □ □ CONTINUED _____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: Resolution No. February 5, 2019 Honorable Mayor and Members of the City Council Michael Obermiller, P.E., Director of Public Works ~ Eric Heidemann, Assistant D~\EJctor of Public Works for Maintenance Operations ;; k'\ eheidemann@poway.org -l Award of Contract to Kissinger & Herring , Inc. for Trucking and Operator Services , RFP 19-008 A notice inviting proposals for Trucking and Operator Services was advertised on November 15 and 22, 2018, and re-advertised on December 13 and 20, 2018. One proposal was received and opened on January 8, 2019. Kissinger & Herring, Inc., was selected as the vendor best meeting the evaluation criteria and the needs of the department. The first term of the Contract is one (1) year and ten (10) months beginning February 5, 2019, through December 31, 2020 . The option to renew is by the mutual agreement between the City and the selected Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. The Contract may be extended through a total of one (1) separate one- year term extension. The maximum length of the Contract would be two (2) years and ten (10) months . Recommended Action: It is recommended that the City Council award the Contract for Trucking and Operator Services, RFP 19-008, to Kissinger & Herring, Inc., for a not-to-exceed amount of $112,000 for each of the years in the first term of the Contract, and authorize the City Manager to execute the necessary documents. Discussion: This Contract is to perform trucking services that include hauling asphalt grindings, dirt, rock and other various materials to locations identified by the City to assist in Public Works maintenance operation activities. In November 2018, a notice inviting proposals for Trucking and Operator Services was advertised . There were no proposals received at the close of the request for proposals on November 26, 2018. A new notice inviting proposals was issued and duly advertised on December 13 and 20, 2018. One responsive proposal was received and opened on January 8, 2019. Staff determined that Kissinger & Herring , Inc., meets the City's requirements. Evaluation criteria for the proposals included experience and ability to perform, including, but not limited to experience of the firm, age and number of trucks available for the contract period, as well as the cost proposed. The table below represents the hourly rate to be paid for work performed during scheduled operations. 1 of 2 February 5, 2019, Item #1.5 Award of Contract for Trucking and Operator Services , RFP 19-008 February 5 , 2019 Page 2 Trucking and Operator Proposed Rates Table Mon.-Fri. After Hours & Kissinger & Herrinq, Inc. 7:00 a.m. -6:00 o.m. Saturdavs 1 driver, 1 vehicle $108.00 $108.00 Sunday & Holidays $108.00 The rate proposed under a potential new contract with Kissinger & Herring, Inc., reflects an approximate five (5) percent increase from the City's most recently expired trucking and operator service contract rate of $102.35. Staff determined the new rate of $108.00 to be acceptable and within market rate. Since the beginning of the fiscal year, the City has expended $16,193.35 from the Street Maintenance budget for trucking and operator services. Under the proposed new Contract, the length of the initial term is one (1) year and ten (10) months beginning February 5, 2019 through December 31, 2020. The annual cost to haul and transport asphalt materials will not exceed the amount of $112,000 for each of the years in the first term of the Contract. The Contract may be extended subject to Council appropriation of funds and the mutual agreement between the City and the Contractor through a total of one (1) separate one-year term extension. The maximum length of the Contract would be up to two (2) years and ten (10) months. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Sufficient funds for award of this Contract are available in the Roadways Repair & Maintenance account411040-43201. Public Notification: A copy of this report has been sent to Kissinger & Herring, Inc. Attachments: None. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Tina M. White City Manager February 5, 2019, Item #1.5 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council Mark Sanchez, Director of Safety Services ~ Jon Canavan, Deputy Fire Chief 6,-;) J Jcanavan@poway.org p APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTTNUED _____ _ RESOLUTION NO. Approval of Contract with City of San Diego for Fire/EMS Dispatch Services The Safety Services Department receives fire/EMS dispatch services from the City of San Diego. These services include: processing all fire, rescue, hazardous materials and medical-related emergency calls via the 911 Secondary Public Safety Answering Point (PSAP); computer-aided dispatch (CAD), automated resource selection and response mapping software; paging and messaging services; mobile data computer platform services; software for interface to fire station alerting and record management systems. These services are reviewed annually via a correspondence that describes the proposed services, outlines the cost-share formula and provides estimated fiscal cost for the upcoming year. There is no additional service agreement in place. Safety Services currently maintains sufficient funds for these costs in its operating budget and no additional funding is requested. In FY2018-19, these costs are $210,615. The format and content of the correspondence describes dispatch services with minimal detail and lacks basic components the Cities of Poway and San Diego would require in service agreements of this scope. Safety Services proposes a more detailed and descriptive services agreement be established. Representatives from both agencies have contributed to the development of the proposed Dispatch Services Agreement. Recommended Action: It is recommended that the City Council approve the contract with City of San Diego for Fire/EMS Dispatch Services and authorize the City Manager to execute all necessary agreements. Discussion: Since 1980, the City of San Diego has provided fire/EMS dispatch services to the Fire Department. Over the years, these services have significantly changed due to technological advancements, costs, industry practices and increase response demands. Today, dispatch services include: processing all fire, rescue, hazardous materials and medical-related emergency calls via the 911 PSAP; automated medical triage with call downgrading features; dynamic automatic vehicle location driven dispatch of closest resource to incident type; CAD with paging and messaging services; mobile data computer platform services including mapping, live response routing and pre-fire planning documentation; software for interface to fire station alerting and record management systems. Over the years, the City of San Diego has expanded similar dispatch services and technologies to other municipal fire departments including Chula Vista, 1 of 18 February 5, 2019, Item # 1.6 Fire/EMS Dispatch Servi ces Ag reeme nt February 5, 2 01 9 Page 2 Coronado, Imperial Beach , and National City . Each year, the Safety Services Department receives a correspondence from the City of San Diego that describes the proposed fire/EMS dispatch services and provides estimated fiscal cost for the upcoming year. The format and content of the existing correspondence is obsolete and in need of language that conforms to acceptable standards for service agreements of this scope. Representatives from Safety Services and the City of San Diego have collaborated on the creation of a new Dispatch Services Agreement and attachments. The proposed Dispatch Services Agreement has been developed with input from legal counsel representing both agencies. The proposed Dispatch Services Agreement includes two attachments, a Fiscal Year 2019 Annual Operating Plan and a Data Sharing Agreement. The new five -year Dispatch Services Agreement shall become effective retroactively to July 1, 2018 and expire on June 30, 2023 . The term of the agreement may be extended for five additional years . During each year of the service agreement, the City of San Diego will provide the City of Poway with a revised Fiscal Year Annual Operating Plan with cost estimates for the upcoming fiscal year that can be used for planning purposes and budget consideration. These costs will continue to be part of Safety Services annual operating budget preparation and approval process. The purpose of the Data Sharing Agreement is to define the conditions for sharing dispatch information among the parties that have entered into dispatch service agreements with the City of San Diego . The term of the Data Sharing Agreement shall continue until the parties agree to amend or terminate the Agreement. Environmental Review: This action is not subject to CEQA review. Fiscal Impact: Sufficient funds have been secured in the FY2018-19 Safety Services Department operating budget (Account 501050-41050). Public Notification: A copy of this report was sent to the City of San Diego. Attachments: A Attachment 1: Fiscal Year 2019 Annual Operating Plan B. Attachment 2: Data Sharing Agreement C . Resolution approving a contract with the City of San Diego for Fire/EMS Dispatch Services. Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 18 Reviewed By : Alan Fenstermacher City Attorney Approved By: !lww'ai -~ Tina M. White City Manager February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT -SAN DIEGO/ POWAY THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal corporation; and the City of Poway ("Agency"), a municipal corporation; (herein collectively known as "Parties" or individually as "Party"), for the provision of fire and emergency medical dispatch services. RECITALS WHEREAS, San Diego and Agency have organized and equipped fire departments charged with the duty of fire protection and rescue within the limits of said cities; and WHEREAS, if required by law, Agency, by way of Resolution Number ______ _ dated -------~ approved by its Poway City Council, resolved that Agency's interests would be best served by entering into an agreement with San Diego to outsource Agency's fire and emergency medical dispatch services to San Diego; and WHEREAS, San Diego desires to provide Agency with fire and emergency medical dispatch services under the terms described in this Agreement and WHEREAS, it would be to the benefit of each Party for San Diego to continue to provide fire and emergency medical dispatch services to Agency in order to increase the health and safety of all affected residents; and WHEREAS, Agency desires and intends per the terms of this Agreement to pay San Diego for services; NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Agency and San Diego agree as follows: A. TERM. This Agreement shall become effective retroactively to July 1, 2018 and shall expire at midnight on June 30, 2023. The Parties shall review this Agreement every year to ensure applicability of all terms and policies. Any modification shall be set forth in writing and be signed by the Parties. The Agreement term may be extended for five (5) additional years by written agreement of the Parties, and subject to the San Diego Mayor's authorization of a contract extension and the authorization of Agency. B. OBLIGATIONS OF THE PARTIES. The descriptions herein outline specific aspects relevant to the performance of the emergency dispatch services by San Diego. San Diego adheres to State recommendations for call answering times and bases dispatcher staffing upon meeting those performance standards. To the extent that safety or technological changes warrant an amendment of the specific service or method employed to provide the Fire and Emergency Medical Dispatch Services contemplated herein, neither Party may unreasonably refuse to implement safety or technological changes. 3 of 18 ATTACHMENT A Page 1 of 8 February 5, 2019, Item# 1.6 DISPATCH SERVICES AGREEMENT-SAN DIEGO/ POWAY 1. The dispatch services that will be provided by San Diego include: 2. a) Processing all fire and medical related emergency calls via the 911 Secondary Public Safety Answering Point ("PSAP"). b) Triaging medical calls using a triage process which includes: i. Automated triage with call downgrading features. ii. Coordinated dispatch efforts with Agency's ambulance provider for ambulances within Agency's jurisdiction, via an automated Computer Aided Dispatch ("CAD") to CAD interface. c) Dynamic Automatic Vehicle Location ("AVL") driven dispatch of closest available resource(s), across City lines, to given emergency, incident type(s), and location(s). d) Paging Services between San Diego's CAD and a messaging services interface. e) Fire Station Alerting via a CAD to a station alerting interface. San Diego will interface with Agency's existing, self-managed station alerting system given that it is supported by San Diego's existing interface system, currently USDD, and as an unsupported legacy option for WestNet. f) Mobile Data Computer ("MDC") or other mobile platform services including mapping, live-routing, and loading of Agency's self-managed pre-plans. g) Records Management System ("RMS") services for a CAD to a Fire RMS interface given that it is supported by San Diego's existing interface system, currently WATER, and a FireHouse interface as an unsupported legacy option. Agency will bear the costs for other new, unsupported interfaces if required. h) Additionally, Agency may receive a periodic download of CAD data. i) Agency acknowledges that this contract does not require San Diego to perform analysis of Agency's CAD or response data. However, San Diego may extend the use of secured Internet applications for viewing, analyzing and reporting Agency's CAD data ("web services"). These web services may include on-line dashboards and canned reports with pre-established data collection points, call for service statistics and/or other incident specific data. j) Any additional or special services provided are described in Addendum A. Additional Services and Equipment. Additional services and equipment utilized in the performance or support of dispatch services may be provided by San Diego, as agreed to by the parties, which may include but is not limited to: equipment (modems, mobile data computers, phones, etc.), enterprise device management services, software applications and licenses. 4 of 18 Page 2 of 8 February 5, 2019, Item# 1.6 DISPATCH SERVICES AGREEMENT -SAN DIEGO/ POWAY C. COMPENSATION AND PAYMENT SCHEDULE Agency agrees to pay to San Diego for services rendered under this Agreement on a fiscal year basis, defined as July 1 through June 30. For budgeting and planning purposes, San Diego will provide Agency with an Annual Operating Plan (Attachment 1) for the upcoming fiscal year. 1. For Dispatching Services. San Diego shall be compensated for the performance of services and specified in Section B1 as a cost per call. Dispatch fees are subject to change each fiscal year based on the following: a) The adopted budget for personnel costs which includes fringe and overhead, and; b) Prior year actuals for non-personnel expenditures (NPE). Should the Agency's call volume exceed the prior year by 5% or more, an increase to the NPE will be equal to the percentage of the increased call volume (rounded up to the tenth percent). c) Should the Agency's call volume from the prior year not increase, or the increase is less than 5%, an escalator of 5% will be applied to the NPE. 2. For Additional Services & Equipment. San Diego shall be reimbursed for the costs of any additional services and equipment specified in Section B.2, which have been procured on behalf of Agency and which may also include connectivity and start-up costs. Agency may elect additional options in accordance with the "Annual Operating Plan." a) Costs will be calculated based on vendor fees per service or unit of equipment. b) Services and equipment fees are subject to change annually based on vendor rates. 3. Invoices & Due Date: San Diego shall provide to Agency, on a quarterly basis, an invoice statement for services rendered under this Agreement and payment by Agency shall be remitted thirty (30) days thereafter. If Agency disputes any charges it shall nonetheless remit the full amount without waiving its right to a return of the disputed amount. 4. Records: The Parties shall maintain books, records, logs, documents, and other evidence sufficient to record all actions taken with respect to rendering services under this Agreement throughout the performance of services and for ten (10) years following completion of services under this Agreement. The parties further agree to allow for mutual inspection, copying and auditing of such books, records, documents and other evidence at all reasonable times. D. DATA SHARING. Data Sharing policies are outlined in the Data Sharing Agreement (Attachment 2). E. INDEMNIFICATION. In the performance of dispatching services, 1. 5 of 18 Agency agrees to defend, indemnify, protect, and hold San Diego and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Agency employees, Page 3 ofS February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT -SAN DIEGO I POWAY volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of Agency, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that Agency's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of San Diego, its agents, officers, or employees. 2. San Diego agrees to defend, indemnify, protect, and hold Agency and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to San Diego employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of San Diego, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided, however, that San Diego's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of Agency, its agents, officers, or employees. F. RIGHT TO TERMINATE FOR CONVENIENCE Either Party may terminate the services agreed to pursuant to this Agreement by giving written notice of such termination to the other Party. Such notice shall be delivered by certified mail with return receipt for delivery to the noticing Party. The termination of the services shall be effective one hundred & eighty (180) days after the receipt of this notice by the noticed Party. G. RIGHT TO TERMINATE FOR DEFAULT If either Party fails to perform or adequately perform any obligation required by this Agreement, that Party's failure constitutes a Default. If the defaulting Party fails to satisfactorily cure a Default within ten (10) calendar days of receiving written notice from the other Party specifying the nature of the Default, or if the nature of the Default is (1) not for the paymerit of services, and (2) requires more than ten (10) calendar days to remedy, and the defaulting Party fails to diligently pursue such action necessary to remedy the Default, the other Party may immediately cancel and/or terminate this Agreement, and terminate each and every right of the defaulting Party, and any person claiming any rights by or through the defaulting Party under this Agreement. The rights and remedies of the non- defaulting Party enumerated in this paragraph are cumulative and shall not limit the non-defaulting Party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or enacted or established at a later date, that may be available to the Parties against the other Party. H. CITY OF SAN DIEGO CONTRACT REQUIREMENTS To the extent appropriate in light of the rights and duties specified in this contract, and as applicable to particular parties, the following requirements shall apply: 1. 2. 6 of 18 Drug-Free Workplace. Agency agrees to comply with San Diego's Drug Free Workplace requirements set forth in Council Policy 100-17, adopted by San Diego Resolution R-277952 and incorporated into this Agreement by this reference. ADA Certification, Agency hereby certifies that it agrees to comply with San Diego's "Americans With Disabilities Act" Compliance/City Contracts requirements set forth in Council Page 4 ofS February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT-SAN DIEGO/ POWAY Policy 100-04, adopted by San Diego Resolution R-282153 and incorporated into this Agreement by this reference. I. PRODUCT ENDORSEMENT Agency acknowledges and agrees to comply with the provisions of San Diego's Administrative Regulation 95-65, concerning product endorsement .. Any advertisement identifying or referring to San Diego as the user of a product or service requires the prior written approval of San Diego. J. CONFLICT OF INTEREST Agency is subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq. San Diego may determine that a conflict of interest code requires Agency to complete one or more statements of economic interest disclosing relevant financial interests. Upon San Diego's request, Agency shall submit the necessary documents to San Diego. 1. Agency shall establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships. 2. In connection with any task, Agency shall not recommend or specify any product, supplier, or contractor with whom Agency has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies. 3. If Agency violates any conflict of interest laws or any of these provisions in this Section, the violation shall be grounds for immediate termination of this Agreement. Further, the violation subjects Agency to liability to San Diego for attorney fees and all damages sustained as a result of the violation. K. MANDATORY ASSISTANCE If a third-party dispute or litigation, or both, arises out of, or relates in any way to the services provided under this Agreement, upon either Party's request, the other Party, and its agents, officers, and employees agree to assist in resolving the dispute or litigation. Each Party's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation. 1. Compensation for Mandatory Assistance. The Party seeking the assistance of the other Party will reimburse the assisting Party for any fees and expenses incurred for required Mandatory Assistance as Additional Services. The Party seeking the assistance shall, in its sole discretion, determine whether these fees, expenses, and services rendered under this Section, were necessary due to the assisting Party or its agents', officers', and employees' conduct or failure to act. If the Party seeking assistance determines that such fees, expenses, or services were necessary due to the other Party's or its agents', officers', and employees' conduct, in part or in whole, the Party seeking assistance is entitled to be reimbursed for any 7 f 18 Page 5 of 8 o February 5, 2019, Item # 1.6 DISPATCH SERVICES AGREEMENT-SAN DIEGO/ POWAY payments made for these fees, expenses, or services. Reimbursement may be through any legal means necessary, including either Party's withholding of payment to the other. 2. Attorney Fees related to Mandatory Assistance. In providing each other with dispute or litigation assistance, a Party, or its agents, officers, and employees may incur expenses and/or costs. The other Party agrees that any attorney fees it may incur as a result of assistance provided under this Section (with the exception for attorney fees as provided in Section K, below) are not reimbursable. L. JURISDICTION, VENUE & ATTORNEY'S FEES The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. The prevailing Party in any such suit or proceeding shall be entitled to a reasonable award of attorney's fees in addition to any other award made in such suit or proceeding. M. ENTIRE AGREEMENT; AMENDMENTS This Agreement contains the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreement or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein. This Agreement may only be amended in writing signed by both Parties. N. SEVERABILITY If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement, and the Parties shall negotiate in good faith to replace any such covenant, agreement or portion found to be null and void. 0. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by facsimile transmission, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: To San Diego at: San Diego Fire-Rescue Department I ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To Poway at: City of Poway Attn: Director of Safety Services PO Box 789 Poway, CA 92074-0789 8 of 18 With a copy to: San Diego Fire-Rescue Department Attn: Fire Chief 600 B Street, 13'h Floor San Diego, CA 92101 With a copy to: City of Poway Attn: City Attorney 13325 Civic Center Drive Poway, CA 92064 Page 6 of 8 February 5, 2019, Item# 1.6 DISPATCH SERVICES AGREEMENT -SAN DIEGO/ POWAY IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the City of Poway. CITY OF POWAY, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway, a municipal corporation. By: ____________ _ Date signed: ________ _ Tina White, City Manager I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~2018. Rutan & Tucker, LLP, City Attorney By:------------- Alan Fenstermacher, City Attorney CITY OF SAN DIEGO, A Municipal Corporation ~· ~ Coli~ Date signed: _...,/._'1_.t~l~2''--l-/2~'£'----- I HERBY APPROVE the form of the foregoing Agreement, this 'l( day of 1'J DV 2018. MARA W. ELIOTT, San Diego City Attorney puty City Attorney 9 of 18 P~ge 7.Qf 8 February 5, 2019, Item 'ff 1.6 DISPATCH SERVICES AGREEMENT-SAN DIEGO/ POWAY ADDENDUM A In addition to the dispatching services outlined in Section B.1, San Diego will continue to provide to City of Poway use of the area backbone for San Diego's 700 / 800 Mhz Radio Communications System. This legacy item will remain in effect at no additional charge unless or until Agency opts. 10 of 18 Page 8 of 8 February 5, 2019, Item # 1.6 .... .... 0 ... .... "' "Tl <II CJ' ... C ., '< !" "" 0 .... ~ i. 3 =II: .... "' Fiscal Year 2019 Annual Operating Plan City of Poway Dispatching Services by_Sa_~ Di':_&~ Fire_.Rescue Bi~li~g for ~i_sc~l:Year -~-~1~ Fiscal Year 2018 Actual Calls Projected Increase or Decrease (X%) Total Dispatching Costs $ Total 911 Calls Processed by San Diego FY19 Cost per Call $ $194,631.92 4,018 8.40% 9,725,144.08 200,760 48.44 Additional Services & Equipment (prices variable based on quotes for actual equipment/services ordered) Annual Price or Item or Service Description Unit Price MDC Software License {$300 per llcense per year) $ 300.00 CraddlePoint Modems ($698.92 per modem peryear) $ 698.92 CraddlePoint Net Clould Manager $ Pagers $ 54.00 Phones $ 99.00 Phone Data ($49.99 per device per month) $ 599.88 Meraki Mobile Device Mgmt $24.42 per device per month) $ 293.04 Zip it Paging App ($6.25 per device, per month) $ 75.00 FirstWatch (based on quote) $ FireView(based on quote) $ INTTERRA (based on quote) $ TabletCommand (basedon quote per license) $ FY 201·9 ESi:ifflated "cOst ~ Add•fSV·ts TOTAL FY 2019 COST ESTIMATE . $ . 210,614.64 FY 2019 Billing Schedule August $52,653.66 City of Poway FY19 AOP Summary (Final) October $52,653.66 January $52,653.66 April -=i$e"5;;;2,;;;6;;;53=.6=i6.,..= $210,614.64 QTY 16 $ 16 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ Total 4,800.00 11,182.72 · . 15,982.72 1 of 1 ATTACHMENT 2: DATA SHARING AGREEMENT THIS AGREEMENT is made by and between the City of San Diego, ("San Diego"), a municipal corporation; and City of Chula Vista, City of Coronado, City of Imperial Beach, National City, and City of Poway (individually known as "Agency") that contracts for 911 /Emergency Dispatching Services from San Diego Fire-Rescue Department, (herein collectively known as "Parties" or individually as "Party"). The purpose of this agreement is to define the conditions for sharing of dispatch information among the Parties, other public safety entities, and third-party vendors. RECITALS WHEREAS, San Diego provide_s Agency with fire and emergency medical dispatch services under the terms described in the Dispatching Services Agreement and, WHEREAS, San Diego will perform these services from the Metro Zone Emergency Command and Data Center (ECDC) which will become a custodian of dispatch data on behalf of Agency and, WHEREAS, emergency dispatch information is routinely shared across public safety agencies to more effectively and efficiently dispatch emergency resources within the region, NOW THEREFORE, in consideration of the above recitals and the mutual covenants and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: A. TERM. This Agreement shall become effective upon execution by the Parties and shall be binding upon all Parties hereto, until such time as the Parties agree to amend or terminate the Agreement. Any modification shall be set forth in writing and be signed by the Parties. If Agencies are no longer contracting for San Diego Dispatching Services, this agreement will continue to apply to historical data collected while services were rendered. B. OBLIGATIONS OF THE PARTIES. 1. San Diego will maintain dispatch records and data in accordance with State and Federal regulations. 2. The parties understand and agree that their data will be collectively pooled in San Diego's CAD database, and will be visible to other Public Safety entities that access San Diego CAD data in the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and infrastructure support (currently CAD from CentralSquare, Vesta from AT&T, network support from San Diego's vendor, Zensar). Vendors may be subject to change. 3. The parties understand and agree that their data may be collectively pooled in a joint RMS (Records Management System) database (currently WATER Street Fire RMS), and may be visible to other Public Safety entities that access the database in the course of providing public safety. It will also be incidentally visible to other vendors providing necessary services and infrastructure support (currently FireView from CentralSquare, network support from San Diego's vendor, Zensar). Vendors may be subject to change. 12 of 18 ATTACHMENT B Page 1 ofS February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT 4. RCIP CAD Data Sharing. a) San Diego is a member of the Regional CAD Interoperability Program (RCIP), a CAD-to- CAD solution that connects participating San Diego regional emergency communication systems through a third-party vendor, and b) San Diego's membership in RCIP means that Agency's data contained in San Diego's CAD (e.g. unit location, unit status, active calls, call comments, response address, response type, problem nature, etc.) will be shared in real time with all current or future RCIP members, partners and vendors. Current RCIP members include: Heartland Communications Facility Authority (HCFA), San Diego Fire-Rescue Department (SDFD), North County Dispatch Joint Powers Authority (NCDJPA), San Diego County Fire (SDCF), and Escondido Fire Department. Current RCIP partners include American Medical Response (AMR) and San Diego Gas & Electric (SDG&E). The current RCIP vendor for technical support and maintenance of the RCIP network is. Kologik (a private corporation). RCIP members, partners, and vendors in turn may have their own members, partners, and vendors. 5. Internet Applications. San Diego may extend the use of secured Internet applications for viewing and analyzing CAD data for all its contracted agencies ("web services"). Examples of web services include VisiNet Browser (a real time and historical CAD view), FireView (data dashboards and reporting tools that include real-time and historical data), TabletCommand (incident command and resource management tool), JNTTERRA, FirstWatch, as well as other applications that might be procured or developed. The specific applications, their nature, and availability are subject to change. Agency understands and agrees that they may choose not to utilize these services, however, in certain cases, Agency's data may still be visible to other contracted agencies who do use these services. 6. Data Use and Disclosure. a) Any CAD data from other public safety agencies or private companies that may be obtained from CAD views or data sharing applications shall only be used in the performance of each Agency's ascribed duties for the safety of the public, and that the Parties will not utilize said data for gain, either personal or corporate, other than that gain which is considered to be allowed to be made on behalf of our agencies. The Parties shall not use said data to obtain any perceived advantage or be used against any other Agency, public or private. b) Any individual agency's data will not be otherwise used, shared, published or released without that individual agency's written consent c) Public Records Acts requests will be referred to the respective Agency whose data is being requested for handling and response. d) Legal Obligations to Release. In the case where data release is required by law (e.g. search warrant or court subpoena), the Party being required to turn over data will notify any other respective Agency whose data is included in the mandated release and provide a courtesy copy of data prior to release. C. INDEMNIFICATION In the course of data sharing, the Parties agree to defend, indemnify, protect, and hold all other Parties and their agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to 13 of 18 Page 2 of 5 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT any Party's employees, volunteers, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by the acts or omissions of any other Party, its agents, officers, employees, or volunteers, and agrees to be responsible for all expenses of investigating and defending against same; provided however, that each Party's duty to indemnify and hold harmless shall not include any claims or liability alleged to be arising from the negligence or willful misconduct of any Party, its agents, officers, or employees. D. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by electronic mail, upon acknowledgment of receipt of electronic transmission or a reply e-mail; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the following addresses: To San Diego at: San Diego Fire-Rescue Department/ ECDC Attn: ECDC Deputy Chief 3750 Kearny Villa Road San Diego, CA 92123 To Chula Vista at: Agency Name Title Street Address City, State ZIP To Coronado at: Agency Name Title Street Address City, State ZIP To Imperial Beach at: Agency Name Title Street Address City, State ZIP To National City at: Agency Name Title Street Address City, State ZIP · To Poway at: City of Poway Attn: Director of Safety Services PO Box 789 Poway, CA 92074-0789 14 of 18 With a copy to: San Diego Fire-Rescue Department Attn: Fire Chief 600 B Street, 13'h Floor San Diego, CA 92101 With a copy to: · Agency Name Title Street Address City, State ZIP With a copy to: Agency Name Title Street Address City, State ZIP With a copy to: Agency Name Title Street Address City, State ZIP With a copy to: Agency Name Title Street Address City, State ZIP With a copy to: City of Poway Attn: City Attorney 13325 Civic Center Drive Poway, CA 92064 Page 3 of 5 February 5, 2019, Item# 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT IN WITNESS WHEREOF, this Agreement is executed by the City of San Diego, acting by and through its Mayor or his designee, pursuant to San Diego City Charter section 265 and San Diego Municipal Code section 22.3222, and by the following cities: ?al Corporation By: _ _/4~~~::_ __ _ Date signed: -~/'"~/2~/~P~/2~::t' .... __ _ Colin Stowell, Fire Chief I HERBY APPROVE the form of the foregoing Agreement, this 2. / day of N 6 I/ 2018. MARA W. ELIOTT, San Diego City Attorney ity Attorney CITY OF CHULA VISTA, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Chula Vista, and that I have read all of this Agreement and have executed it on behalf of the City of Chula Vista. By: ____________ _ Date signed: ________ _ Name, Title I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~ 2018. Name City Attorney By: _________ _ CITY OF CORONADO, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Coronado, and that I have read all of this Agreement and have executed it on behalf of the City of Coronado. By: ____________ _ Date signed: ________ _ Name, Title I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~ 2018. Name City Attorney By: _________ _ 15 of 18 Page 4 of 5 February 5, 2019, Item # 1.6 ATTACHMENT 2: DATA SHARING AGREEMENT CITY OF IMPERIAL BEACH, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Imperial Beach, and that I have read all of this Agreement and have executed it on behalf of the City of Imperial Beach. By: ____________ _ Date signed: ________ _ Name, Title I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~2018. Name City Attorney By: _________ _ CITY OF NATIONAL CITY, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of National City, and that I have read all of this Agreement and have executed it on behalf of the City of National City. By: ____________ _ Date signed: ________ _ Name, Title I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~ 2018. Name City Attorney By: _________ _ CITY OF POWAY, A Municipal Corporation I HEREBY CERTIFY that I can legally bind the City of Poway, and that I have read all of this Agreement and have executed it on behalf of the City of Poway. By: ____________ _ Date signed: ________ _ Tina White, City Manager I HERBY APPROVE the form of the foregoing Agreement, this __ day of ____ ~2018. Rutan & Tucker, LLP, City Attorney By: _________ _ Alan Fenstermacher, City Attorney 16 of 18 Page 5 of 5 February 5, 2019, Item # 1.6 RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING FIRE/EMS DISPATCH SERVICES AGREEMENT BETWEEN THE CITY OF POWAY AND THE CITY OF SAN DIEGO WHEREAS, the City of Poway desires to continue providing a high level of responsive, cost-effective emergency and non-emergency fire/EMS response services to the residents and visitors of Poway; WHEREAS, since 1980, the City of San Diego has provided fire/EMS dispatch services to the Poway Fire Department and desires to continue accepting fire/EMS dispatch services from the City of San Diego; WHEREAS, representatives from the City of Poway and the City of San Diego collaborated in the development of an improved fire/EMS dispatch services agreement that conforms to acceptable standards for service agreements of this scope NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway that the City Manager is hereby authorized to execute all necessary agreements for Fire/EMS Dispatch Services between the City of Poway and the City of San Diego, substantially in form as presented at this meeting, with such changes as may be approved by the City Manager and City Attorney. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk 17 of 18 ATTACHMENT C February 5, 2019, Item# 1.6 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. 19- Page 2 I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-*** was duly adopted by the City Council at a meeting of said City Council held on the 5 th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 18 of 18 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item # 1.6 DATE: TO: FROM: CONTACT: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council A Kay Vinson, Interim City Clerk o..Qv A Kay Vinson , Interim City Clerk (858) 668-4535 or kvinson@poway .org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED ____ _ Ordinance No. SUBJECT: Second Reading and Adoption of Ordinance No .824 entitled, "An Ordinance of the City of Poway, California , Amending Chapter 1.16 of the Poway Municipal Code Establishing Regulations for Custody and Use of the City Seal and City Insignia " Summary: The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on January 15, 2019 . All Councilmembers were present. There were no speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: Adopt Ordinance No. 824 Fiscal Impact: AYES: ABSTAINED: ABSENT: DISQUALIFIED: Mullin, Leonard, Frank, Grosch, Vaus None None None There is no fiscal impact associated with adopting the attached ordinance. Environmental Review: The recommended action is not subject to the California Environmental Quality Act (CEQA). Public Notification: Notice was published in the Poway News Chieftain on Thursday, January 24, 2019 . 1 of 6 February 5 , 2019, Item # \ .'7 Attachment: A. Ordinance No. 824 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 6 Reviewed By : Alan Fenstermacher City Attorney Ap~hiWki;; L Tina White City Manager February 5, 2019, Item# 1..7 ORDINANCE NO. 824 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING CHAPTER 1.16 OF THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR CUSTODY AND USE OF THE CITY SEAL AND CITY INSIGNIA WHEREAS, the City of Poway has a City Seal that is not protected from unauthorized use by ordinance or copyright law; WHEREAS, California Government Code§ 34501.5 and Elections Code§ 18304 solely protect city seals by prohibiting the use of a city seal in campaign literature or mass mailing with the intent to deceive voters; WHEREAS, the unauthorized use, reproduction or facsimile of a city seal for any purpose may create a misleading, erroneous or false impression that the document, item, statement, event, and/or organization is authorized, supported, and/or sponsored by the City or a public official; WHEREAS, the City desires to protect its official seal from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; and WHEREAS, the City Council seeks to ensure that the City Seal and other City insignia are used only for purposes directly related to the official business of the City of Poway, or as expressly authorized. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 1.16 Title 1 of the Poway Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 1.16: CUSTODY AND USE OF CITY SEAL AND CITY INSIGNIA Sections: 1.16.010 1.16.020 1.16.030 1.16.040 1.16.050 1.16.01 O Definitions. Definitions Designation of City Seal and Logo Use of City Seal and City Insignia Prohibited Uses of City Seal and City Insignia Penalties A. "City Seal" and "City Logo" is as adopted by the Mayor and City Council on December 29, 1981 by Resolution No. 197. B. "City Insignia" is defined as the City Seal, City Logo, and City Flag as well as other logos, website banners, letterhead, business cards, or emblems depicting or including City Insignia as approved by the City Manager. 3 of 6 February 5, 2019, Item # I . 7 1.16.020 Designation of City Seal. A. The seal and logo of the City of Poway, California shall be as follows: B. The City Seal and City Logo is described as oval in shape, and widest diameter with two concentric ovals. The city seal is two inches in diameter. Within the smaller oval shall appear a design depicting Twin Peaks and the Espola Road Oak Tree with the words, "Incorporated 1980." Within the larger oval and outside the limits of the inner oval shall be the words, "City of Poway" and "The City in the Country." 1.16.030 Use of City Seal and City Insignia. A. Use of Seal and Logo. The City Clerk or designee, acting as the custodian of the official seal of the city, is authorized to use the city seal on any ordinance, resolution, honoraria, certificate, notarial jurat or acknowledgement, or other instrument necessary to authenticate official city documents or to indicate institutional sanction for official, legal and ceremonial purposes. The City Seal shall only be used for the official business of the City of Poway, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as provided for in this Section, no person, other than the City of Poway, shall reproduce, use, give away, sell, or distribute any seal or logo, or facsimile thereof, purporting to be or represented to be the City Seal or City Logo of the City of Poway. B. Additional City Seals. The City of Poway City Council retains the right to create variations of the City Seal and City Logo and to adopt and establish other official seals. Such variations may include, but are not limited to, centennial seals, or other seals which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. C. Amendment of City Seal. The City Seal may be altered pursuant to resolution of the City Council. D. Custodian of City Seal and other Council-adopted Seals. The City Clerk shall be the official custodian of the City seal, and any other city seals adopted by City Council. E. Custodian of City Logo and City Insignia. The City Manager shall be the official custodian of the City Logo and City insignia. F. Use of City Insignia. The City Manager or designee, acting as the custodian of the official City Insignia of the city, is authorized to determine the appropriate use of and to ensure that City Insignia is used only on documents, property, and programs that reflect official city business, ownership, or endorsement, and to identify persons duly elected or appointed to a city 4 of6 February 5, 2019, Item# l.'7 position or office. In deciding the manner by which the city's official insignia may be utilized, the City Manager shall endeavor to protect the city's brand, reputation and credibility by preventing use of the insignia in such a manner as to suggest city endorsement of events, political issues, products and other uses that are prohibited by law. The City Council may allow use of the insignia in a manner consistent with this chapter and in a non-discriminatory manner. 1.16.040 Prohibited uses of city seals and city insignia. A. It is unlawful for any person or entity to make use of the city seal and/or the city insignia or any portion, facsimile, mock-up, or reproduction thereof, or make or use of any design, symbol, emblem, insignia or similar device that is an imitation of said city seal or city insignia, or that may be mistaken therefor, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes or for any purpose other than the official business of the city without the express written consent of the City Clerk or City Manager or their designees under the authority granted by the City Council. B. No person, firm, association, or corporation shall use the City Seal and/or the City insignia, or any facsimile thereof for purposes of supporting or opposing the nomination or election to any city or other public office of him or herself or any other person, or for purposes of supporting or opposing any ballot measure, nor include such city insignia on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings issued by the City of Poway or the City Council as a whole pursuant to law. 1.16.050 Penalties. A. Violation of this chapter shall be an infraction or misdemeanor, as determined by the City Attorney, and punishable by a fine not exceeding five hundred dollars, or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Nothing herein prevents the City from using any other available civil and/or criminal remedies allowed by law to protect the City Seal and City insignia from improper or illegal use. SECTION 2: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. 5 of6 February 5, 2019, Item# I · 7 Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of January 2019, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of February 2019. ATTEST: A Kay Vinson, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss Steve Vaus, Mayor I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. 824, was duly adopted by the City Council at a regular meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 6 of6 A Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item# ( .7 APPROVED □ APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED REMOVED D D CONTINUED _____ _ Ordinance No. DATE: February 5, 2019 TO: Honorable Mayor and Members of the City Council FROM: A. Kay Vinson, Interim City Clerk OW CONTACT: A. Kay Vinson, Interim City Clerk (858) 668-4535 or kvinson@poway.org SUBJECT: Second Reading and Adoption of Ordinance No.825 entitled, "An Ordinance of the City of Poway, California, Amending Title 13 of the Poway Municipal Code Establishing Regulations for Street Lighting (Zoning Ordinance Amendment 18- 004 ). ' Summary: The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on January 15, 2019. All Councilmembers were present. There were two public speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: Adopt Ordinance No. 825 Fiscal Impact: AYES: ABSTAINED: ABSENT: DISQUALIFIED: Mullin, Leonard, Frank, Grosch, Vaus None None None There is no fiscal impact associated with adopting the attached ordinance. Environmental Review: This Ordinance is exempt from the provIsIons of the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended to allow the replacement of LPS street light fixtures with LED fixtures at a similar color temperature which are housed within existing street light facilities involving no expansion of the existing use. Public Notification: Notice of public hearing was published in the Poway News Chieftain on Thursday, January 3, 2019. 1 of 7 February 5, 2019, Item# 1.8 Attachment: A. Ordinance No. 825 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 7 Reviewed By: Alan Fenstermacher City Attorney Ap];JW77 i};icfL, Tina White City Manager February 5, 2019, Item# 1.8 ORDINANCE NO. 825 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING TITLE 13 OF THE POWAY MUNICIPAL CODE ESTABLISHING REGULATIONS FOR STREET LIGHTING (ZONING ORDINANCE AMENDMENT 18-004) WHEREAS, Zoning Ordinance Amendment (ZOA) 18-004 is requested to allow the conversion of low-pressure sodium (LPS) street and safety light fixtures to light emitting diode (LED) technology; WHEREAS, LED has two to four times as long of a lifespan as most fluorescent, metal halide, and even sodium vapor lights; LED consumes very low amounts of energy; LED emits almost no forward heat for improved safety; LED is able to operate at virtually any percentage of their rated power (0 to 100 percent); LED does not contain mercury internal to the bulb and does not require hazardous waste disposal; and LED is available in a variety of color temperatures; WHEREAS, the City Council seeks to regulate the color temperature of street lights within the City and desires to adopt standards for new energy efficient lighting technology; WHEREAS, the City staff is concerned about the unavailability of LPS street light bulbs in . California; WHEREAS, the South Poway Specific Plan and the Habitat Conservation Plan reference street lighting standards and policies requiring LPS lighting systems and it is interpreted that the intent of these policies and standards is to include their LED equivalency for color temperature as much as practical and "dark sky" policies shall continue to be complied with to the satisfaction of the City Engineer; WHEREAS, on January 15, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, ZOA 18-004; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:· SECTION 1: The City Council hereby approves ZOA 18-004 and amends certain sections of the Poway Municipal Code as specified below. Removals are indicated with slrikethral!!Jhs and additions are indicated with underline. SECTION 2: This Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines because this is an ordinance intended to allow the replacement of LPS street light fixtures with LED fixtures at a similar color temperature which are housed within existing street light facilities involving no expansion of the existing use. 3 of 7 February 5, 2019, Item # 1.8 SECTION 3: Chapter 13. 15 of the PMC shall be added as follows: Sections: 13.15.010 Purpose and scope. 13.15.020 Definitions. 13.15.030 General Provisions. 13.15.040 Exemptions. 13.15.050 Conflicts. 13.15.010 Purpose and scope. Chapter 13.15 STREET LIGHTING It is the purpose and scope of this Chapter to provide street lighting standards to minimize glare. light trespass. and artificial sky glow for the benefit of the citizens of the city, and to promote lighting design that provides for public safety. utility and productivity while conserving energy and resources by: A. Using outdoor light fixtures with good optical control to distribute the light in the most effective and efficient manner· B. Using the minimum amount of light to meet the lighting criteria: C. Using shielded outdoor light fixtures; D. Using light emitting diode (LED). or other equivalent energy efficient outdoor light fixtures. with a correlated color temperature (CCT) of three thousand (3,000) Kelvin (K) or less: and E. Energizing outdoor light fixtures only when necessary, by means of photocell devices from dusk to dawn. 13.15.020 Definitions. Whenever in this chapter the following terms are used. they shall have the meanings respectively ascribed to them in this section: "Photocell device" means a clock device which automatically activates and deactivates outdoor light fixtures or circuits. "Correlated color temperature" or "CCT" means the color temperature measured in Kelvins (K) that describes the overall color tone of a white light source. "Glare" means difficulty seeing in the presence of bright light such as direct or reflected artificial lights. "Kelvin" means the unit of measure of the color temperature of light sources. "Lamp" means a device that produces light. "LED" means light emitting diode. which is a semiconductor device that converts electricity into light. "Light trespass" means light falling across property boundaries. onto property not containing the originating light source. "Lumen" means a quantitative unit measuring the actual amount of visible light produced by a lamp. 4 of 7 February 5, 2019. Item# 1.8 "Outdoor light fixture" means an artificial lighting assembly (including lamp. housing, reflectors. lenses and shields) which is permanently installed outdoors including, but not limited to, lights for roadways, walkways, parking lots, open canopies, product display areas, landscape and architectural accents, security, recreational facilities, advertising and decorative effects. "Person" means any individual, partnership, venture. corporation or entity, the singular of which becomes plural. "Shielding" means a combination of techniques or methods of construction, mounting and focusing, which causes all light emitted from an outdoor light fixture, either directly from the lamp or indirectly from the fixture, to be projected below an imaginary horizontal plane passing through the lowest light-emitting point of the fixture (zero (0) up-light rating). "Sky glow" means visible light in the sky resulting from light that is reflected and/or refracted by water vapor. dust and other gas molecules in the atmosphere. "Watt" means the unit of measure of the electrical power consumption of a lamp (not the light output). 13.15.030 General Provisions. A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. B. The word "shall" is mandatory and the word "may" is permissive. C. Outdoor light fixtures for street lighting and safety lighting at intersections installed after the effective date of this chapter and thereafter maintained shall comply with the following: 1. Only LED. or other equivalent energy efficient outdoor light fixtures, with a CCT of two thousand seven hundred (2,700) Kelvin or less and up to 70 watts shall be utilized, except where otherwise noted in this chapter. Along Arterials and Collector streets as defined in the Roadway Classifications of the General Plan Transportation Element, only LED. or other equivalent energy efficient outdoor light fixtures, with a CCT of three thousand (3,000) Kelvin or less and up to 115 watts shall be utilized. Street lights within rural residential areas shall be limited except where essential for safety and security purposes and where street lights already exist. 2. All outdoor light fixtures shall be equipped with photocell devices so that such lighting is turned on before dusk and off at dawn as much as practical. 3. In order to preserve the night sky, the types. locations and controlling devices of outdoor light fixtures shall minimize glare. upward light and artificial sky glow and light pollution and light trespass (spill-over) onto adjacent properties. 4. All outdoor light fixtures shall be installed in conformity with this chapter, all other applicable provisions of the Poway Municipal Code, the California Building Code. the National Electrical Codes. the California Energy Code and the California Green Building Code. All outdoor light fixtures shall be field inspected and approved prior to requesting energizing or acceptance. D. Additional standards for street lighting installed on public rights-of-way and private roads are found in the City of Poway Supplemental Engineering Standards. 5 of 7 February 5. 2019. Item# 1.8 Chapter 13.15.040 Exemptions. A. All outdoor light fixtures existing and legally installed prior to the effective date of this chapter are exempt from the requirements of this chapter. B. Temporary uses and holiday lighting not exceeding forty-five (45) consecutive days during any one (1 l year period are exempt from the requirements of this chapter. C. All shielded outdoor light fixtures and other types of lighting producing four thousand and fifty (4,050) lumens or less are exempt from the requirements of this chapter. Chapter 13.15.050 Conflicts. Where any provision of the statutes, codes or laws of the United States of America or the State of California confiict with any provision of this chapter, the most restrictive shall apply unless otherwise required by law. SECTION 4: Severability. If any section. subsection, subdivision, paragraph, sentence. clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections. subsections. subdivisions, paragraphs. sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section subsection, subdivision. paragraph, sentence, clause or phrase hereof, irrespective of the fact of any one or more sections, subsections, subdivisions, paragraphs. sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 5: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California, held the 15th day of January 2019, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk 6 of 7 February 5, 2019, Item# 1.8 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify that the foregoing Ordinance No. 825 was duly adopted by the City Council at a regular meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 7 of 7 A. Kay Vinson, Interim City Clerk City of Poway February·s, 2019, Item# 1.8 DATE: TO: FROM : City of Poway COUNCIL AGENDA REPORT February 5, 2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONTINUED _____ _ RESOLUTION NO. CONTACT: Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services Jeff Beers, Special Projects Engineer ~ (858) 668-4624 or jbeers@poway.org SUBJECT: Acceptance of the Water Distribution System/Treatment Plant Rehabilitation and PS 1 Electrical System Upgrade Project; Bid No. 17-019 NEWest Construction Co. Inc. Summary:. On May 2, 2017, the City Council awarded the contract for the Water Distribution System/Treatment Plant Rehabilitation and PS1 Electrical System Upgrade Project; Bid No. 17- 019, to NEWest Construction Co. Inc., in the amount of $497,000.00. This action will accept the project as complete. Recommended Action: It is recommended that the City Council : ( 1) Accept the Water Distribution System/Treatment Plant Rehabilitation and PS 1 Electrical System Upgrade Project as complete; (2) Authorize the City Clerk to file and record the Notice of Completion; (3) Authorize the release of the retention in the amount of $24,988.06, if unencumbered, 45 days after City Council acceptance; and (4) Release the the Arch Insurance Company Bond for Material and Labor in the amount of $497,000.00 after the release of retention; and (5) Retain the Arch Insurance Company Bond for Faithful Performance for a period of one year. Discussion: This project consisted of general structural repairs to the Wash Water Recovery Basin and Wash Water Vault, the installation of a new roof vent on one of the existing Wash Water Tanks, the installation of a new chlorine scrubber in the Chemical Tank Farm, and miscellaneous electrical improvements and upgrades at the City's Water Treatment Plant as well as electrical improvements and upgrades at Pump Station 1. There were three Change Orders for this project in the amount of $2,761.19, which adjusted final quantities for several bid items. The final contract amount is $499,761.19. Environmental Review: The matter of acceptance of public improvements that have been completed, which were the subject of a prior environmental determination, is not subject to the California Environmental Quality Act. 1 of 2 February 5, 2019, Item # ..b:1_ Acceptance of th e Water Di stribution S ys tem/Treatment Pl a nt Reha bilitation and PS1 El ectri cal System Upgrade Project February 5 , 2019 Page 2 Fiscal Impact: Sufficient funds are available in the Water Distribution/Treatment Plant Rehabilitation Projact account (WTR0014) for the release of retention. After the retention payment of $24 ,988.06, the Water Distribution/Treatment Plant Rehabilitation Project account (WTR0014) will have an available balance of $0 .00 . Public Notification: NEWest Construction Co. Inc., 9235 Trade Place, Suite A, San Diego , CA 92126 Attachments: None Reviewed/Approved By : Wendy Kaserman Assistant City Manager 2 of 2 Reviewed By: Alan Fenstermacher City Attorney Approved By: !1u:_r;n~~ Tina M. White City Manager February 5, 2019, Item #_L_9_ DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City CouncJ , Robert Manis, Director of Development Services p.11. Robert Manis, Director of Development Services (858) 668-4601 or bmanis@poway.org APPROVED 0 APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED 0 CONTINUED _____ _ RESOLUTION NO. Resolution declaring that the Property at 13990 Humo Drive Constitutes a "Public Nuisance" and Ordering the Property Owners to Abate the Violation The hearing on this item is being held pursuant to Chapter 8. 72 of the Poway Municipal Code (PMC) for the purpose of determining whether the storage of commercial and industrial products and materials, the accumulation of junk, and the parking and storage of commercial vehicles at 13990 Humo Drive (APN: 321-132-06) should be declared a "public nuisance" and whether the property owners should be ordered to correct these violations. The owners of the property are Joe Castle and Cynthia Castle. Should the City Council order that these violations be removed, and if the property owners fail to do so in the time allotted, then the City will complete the work and place a lien on the property or record a special assessment for all costs and fees associated with securing compliance with the applicable codes. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding that the conditions on the property constitute a public nuisance and declaring that the City abate the nuisance if the property owners fail to timely remedy the public nuisance conditions. Discussion: In August 2017, the City started receiving complaints about the accumulation of junk and the parking of commercial vehicles (semi-trucks and trailers) at 13990 Humo Drive. Upon inspection of the property, it was discovered that a large amount of debris and commercial/industrial products and materials were being stored at the property and several large commercial trucks and trailers were parked in violation of the City's regulations. Sections 8.80.020 and 8.80.030 of the Poway Municipal Code (PMC) prohibit the accumulation of junk. The commercial and industrial related uses of the property, including the storage of products and materials, are in violation of Sections 17.54.020 and 17.54.040 of the PMC. Section 17.08.230 prohibits the parking of semi-trucks, trailers, and other heavy-duty commercial vehicles on a residential lot for more than eight hours. An aerial/site location map of the property is included as Attachment B. In addition to the accumulation of junk and the storage of commercial/industrial products and materials, there are several vehicles (cars and trucks) also stored on the property. It is not known if all of the vehicles are operable and registered to the property owners. A majority of the storage occurs in the back yard of the residence. However, the backyard is adjacent to Tierra Bonita Road and visible from several vantage points along the right-of-way. A chain link fence with 1 of 44 February 5, 2019, Item #13.J Public Nuisance Hearing -13990 Humo Drive February 5, 2019 Page 2 privacy slats was erected along the Tierra Bonita side of the rear yard, but the rear yard is still visible from the north and south, beyond the ends of the fence. Additionally, several of the non- permitted commercial vehicles are stored in the front and street side yards, in violation of Section 17.42.060(G). It should be noted that in 2006 and 2013, the City received similar complaints and opened Code Compliance Cases regarding accumulation of junk, business related storage and storage of commercial vehicles. In July 2010, the property owner built the chain link fence previously mentioned. In 2014, it was noted that the junk and vehicles in the front yard had been relocated to the backyard and were adequately screened by the fence. Since that time, the amount of storage and the number of vehicles has increased, resulting in renewed complaints from several neighbors. Regarding the junk accumulation, the PMC (Section 8.80.030(6)) states that no person shall accumulate junk, or permit junk to be accumulated on a lot that is used for residential purposes or on a vacant lot that is adjacent to a lot used for residential purposes, except in accordance with all of the six regulations stated in that section. 2 of 44 1. The accumulation shall be stored either in sturdy, vermin proof closed containers, or on platforms elevated not less than 18 inches above the ground. A vast majority of the junk is stored on the ground and not in sturdy containers. Some of the junk is covered with tarps, but this is not considered vermin proof. 2. The accumulation shall not be maintained so as to be conducive to the breeding, shelter or harborage of insects, rodents, vermin or pests. Because most of the junk is stored in the open air, it could harbor rodents or vermin. Some of the complaints received by the City mention concerns for a rodent problem given the nature and amount of junk accumulation. 3. The accumulation shall not be strewn about or maintained in an unsightly condition. The junk accumulation is strewn about the back yard and not kept in an orderly fashion. It is unsightly and visible from the public right-of-way. 4. The accumulation shall be maintained so as not to constitute a fire hazard. 7 his property is located within the High Fire Hazard Area of the City. The Fire Department has concluded that the accumulation of junk creates a fire hazard to the property occupants, neighborhood and to responding firefighters in the event of an emergency incident. 5. The accumulation, if not contained in metal or opaque containers, shall be kept in an area enclosed by a lawfully constructed opaque fence or wall at least two feet higher than the accumulation or, alternatively, said accumulation shall be completely covered with canvas, a tarpaulin, opaque plastic or some like material. The existing chain link fence with slats is not adequate to screen the accumulation of junk. It is built in a straight line along Tierra Bonita Road. Because it does not completely enclose the rear yard, it allows visibility from Tierra Bonita Road into the rear yard at the north and south ends of the fence. As previously mentioned, only a portion of the junk is covered with tarps. February 5, 2019, Item # 3.1 Public Nuisance Hearing -13990 Humo Drive February 5, 2019 Page 3 6. The accumulation shall be maintained so as not to constitute a danger or potential danger to the public health, safety or welfare. As previously mentioned, :he accumulation of junk constitutes a fire hazard and potential shelter for vermin and rodents. On August 3, 2017, a new Code Compliance Case was opened when the City started receiving new complaints about the property. The City issued the property owners four Notices of Violation, two Notice and Orders to Abate, and four Administrative Citations from August 2017 to May 2018. The four Administrative Citations included fines in the amounts of $100, $200, $500, and $1,000, respectively, as prescribed by the PMC. Two of the Notices of Violation were issued in August and September of 2017 for the junk accumulations and parking of commercial vehicles. Two additional Notices of Violation were issued in April 2018, after it was discovered that commercial and industrial products and materials were also being stored at the property, constituting a commercial related use of the property in violation of Sections 17.54.020 and 17.54.040 of the PMC. In discussions with the property owner, he indicated that much of the commercial items were purchased from businesses and he intends to re-sell the products as is or dismantle them to sell the salvaged parts. Additionally, a fleet of commercial vehicles is being stored at the property. A summary of the case history and documents associated with the code enforcement of this case are included as Attachment C. On December 19, 2018, the City Attorney's Office sent the owners a Notice of Violation citing the outstanding violations, demanding that the owners timely correct the violations, and providing the owners a notice to appear before the Poway City Council at the February 5, 2019 City Council meeting where the City Council would consider whether to declare the property a public nuisance (Attachment D). The property owners have not taken the required steps to correct the violations. Photos of the junk accumulation, parked/stored vehicles and semi-trucks and trailers, and stored commercial/industrial products are provided as Attachment E. If the City Council finds that the conditions on the property constitute a public nuisance, the City will -after the City both provides the owners the required legal notice and secures an inspection and abatement warrant -abate the violations by removing all the junk, parked/stored vehicles and semi-trucks and trailers, and stored commercial/industrial products. All costs and fees of the abatement will be kept and itemized and, if the owners refuse or fail to timely reimburse the City for such expenses, staff will return to the City Council to confirm the costs and fees and then lien the property or record a special assessment to recoup all the City's costs and fees. Environmental Review: This item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: All costs/fees of the abatement, plus an administrative fee, will be assessed to the property owners via a lien and/or a special assessment. 3 of 44 February 5, 2019, Item #_.3J_ Public Nuisance Hearing -13990 Humo Drive February 5, 2019 Page 4 Public Notification: Public notice was published in the Poway News Chieftain on January 24, 2019, and a copy of this report was sent to the property owners. A copy of the notice was posted at the property. Attachments: A Resolution B. Aerial/Site Location Map C. Case History Summary and code enforcement documents D. December 19, 2018 letter from City Attorney E. Photographs Reviewed/Approved By: Wendy Kaserman Assistant City Manager 4 of 44 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~~_;Jtl-t:G Tina M. White City Manager February 5, 2019, Item #__3._J RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 13990 HUMO DRIVE, POWAY, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, inspections of the premises at 13990 Hume Drive, Poway, California, with Assessor Parcel Number 321-132-06 ("Property") have been repeatedly conducted by City of Poway ("City") personnel; WHEREAS, said inspections reveal violations of the Poway Municipal Code exist on the Property; WHEREAS, specifically, City personnel have observed violations of Section 8.80.030 of the Poway Municipal Code by maintaining or permitting an accumulation of junk on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes; WHEREAS, City personnel have also observed a violation of Section 17.08.230 of the Poway Municipal Code by parking commercial vehicles on a residential lot for more than eight hours; WHEREAS, furthermore, City personnel have observed a violation of Sections 17.54.020 and 17.54.040 of the Poway Municipal Code by using the residential property for commercial and industrial related uses, including the storage of products and materials; WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the Property owners, including by issuing violation notices on August 16, 2017, September 1, 2017, April 17, 2018, and April 27, 2018, issuing Notice and Orders to Abate Nuisance on November 19, 2017 and May 14, 2018, issuing administrative citations on January 19, 2018, February 16, 2018, April 27, 2018, and May 16, 2018, and finally by way of a letter from the City Attorney's Office dated December 19, 2018 demanding compliance; WHEREAS, the Property owners have been non-responsive to the City's efforts to informally resolve this matter; follows: WHEREAS, Section 8.72.020 of the Poway Municipal Code defines a nuisance as A "nuisance" includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any condition within the City found to be a potential threat to the general health, safety and welfare of the public. WHEREAS, California Civil Code Section 3480 provides that "[a] public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;" 5 of 44 ATTACHMENT A February 5, 2019, Item# 3.1 Resolution No. P-19- Page 2 WHEREAS, California Health & Safety Code Section 17980.10 provides that upon the City Council adopting a Resolution determining that a property constitutes a public nuisance, the City acquires jurisdiction to abate any such violation; and WHEREAS, a public hearing was held before the City Council on February 5, 2019, and all interested parties were provided notice and an opportunity to be heard on the issue of whether the conditions present at the Property constitute public nuisances. NOW, THEREFORE, based on the written documents and oral testimony presenteci at the hearing, the City Council of the City of Poway resolves as follows: Section 1. and determines. The forgoing recitals are true and correct and the City Council so finds Section 2. The City Council finds and declares that the following conditions on the Property each present a danger to the health, property, safety, and welfare of the public and therefore constitute a public nuisance as defined in California Civil Code Sections 3480 and the Poway Municipal Code: (1) maintaining or permitting an accumulation of junk and/or inoperable vehicles on a lot used for residential purposes; (2) parking/storing commercial vehicles on a residential lot for more than eight hours; and (3) using the residential property for commercial and industrial related uses. Section 3. The City Council orders the owners of the Property to abate the nuisances within thirty (30) days by (i) removing any accumulation of "junk" (as that term is defined by Poway Municipal Code Section 8.80.010(c)) and any inoperable vehicle from public view in compliance with Poway Municipal Code Chapter 8.80; (ii) removing commercial vehicles from the property pursuant to Poway Municipal Code Section 17.08.230; and (iii) removing the commercial and industrial products and materials from the property pursuant to Poway Municipal Code Sections 17.54.020 and 17.54.040. Following completion of the aforementioned corrective work and within the same thirty (30) day period, the owner of !he Property shall have the City inspect the Property to verify compliance. Section 4. A copy of this resolution of the City Council ordering the abatement of the nuisances shall be served upon the owners of the Property. The service shall be made both by registered or certified mail, addressed to the owner at the last known address of the owner and by posting a copy on the Property. Any owner shall have the right to have the nuisances abated in accordance with this resolution and at his or her own expense, provided the same is completed prior to the expiration of the thirty-day period. Section 5. If the nuisances are not completely abated by the owners as directed within the thirty-day period, the City shall cause the same to be abated by the City personnel or private contract, and the personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the City for all costs and fees of the abatement, including administrative costs. Section 6. In accordance with the provisions of Poway Municipal Code Chapter 8.72, the City Council directs City staff to maintain an itemized account of all costs incurred by the City in abating the nuisances, including all administrative and legal fees and expenses. City staff shall submit to the City Council for confirmation an itemized written report showing the costs. The City Council may modify the report if it is deemed necessary and shall then confirm 6 of 44 February 5, 2019, Item #_Jj Resolution No. P-19- Pag3 3 the report by motion or resolution. Pursuant Government Code Sections 38773 and 38773. 5 of the Government Code, the total cost, fees, and expenses of abatement, including all administrative costs, shall constitute a lien or a special assessment against that parcel and shall be collected in accordance with applicable State and City laws. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting held on the 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 7 of 44 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item# J. I Print Date: 1/17/2019 - 8 of 44 Map Provided by the City of Poway Map Scale: 1 Inch = 132 feet ____ ,,__,.,._ - ATTACHMENT B February 5 , 2019 , Item #_Jj / '- ITYOF OWAY STEVE V:\US. M:iynr ((~~-JOI-IN MUI.LIN. Dcpury i\byor \ ,'.I JI/\! CUNNINGI-IA1\I, Councilmcmbcr D:\ VEG ROSCH, Councilmcmbcr •~ HARRY LEONARD. Councilmcmbcr ,;: ·-,,._ ~ C ,.,__.. ,_. :J "'--•..zi_ _ _rN TtiE -~O;-,:;;;, C p CASE CHRONOLOGY APN: 321-132-06-00 CASE NUMBER: 17-0469 DATE PREPARED: November 29, 2018 VIOLATION ADDRESS: 13990 Humo Dr. PROPERTY OWNER ANO ADDRESS: Joe and Cynthia L. Castle 13990 Humo Dr. Poway, CA 92064. PMC VIOLATION(S) EXISTING TO THIS DATE: 17.28.010, 17.54.020,17.54.040, 8.80.020(8), 17.08.230(E), 17.42.060(G)(2) & Ch. 8.72 & 10.52 DATE INVESTIGATION REPORT PMC WITNESS 8/3/17 Received complaint; opened case. 17.28.010, 8,80,020(8), 17.08.230(E), D. Welte 17.42.060(G)(2). & Ch. 8.72 & 10.52 8/8/17 Site visit. D. Welte 8/16/17 1st Notice of Violation. 17,28.010, 8.80.020(8), 17.08.230(E), D. Welte 17.42.060(G)(2), & Ch. 8.72 & 10,52 9/1 /17 Site re-inspection, violations ongoing. D. Welte 9/1 /17 2nd Notice of Violation 17.28,010. 8.80,020(8), 17,08,230(E), D. Welte 17.42.060(G)(2), & Ch. 8. 72 & 10.52 9/12/17 Phone contact with property owner, D. C. Wishert Welte is away due to injury. Welte will contact owner uoon his return. 9/25/17 Phone contact with property owner. Owner D. Welte stated he will be occupied on other matters until October 11, 2017. Staff aqreed to contact him after that date. 10/24/17 Phone call to property owner. No answer, D. Welte left voice messaoe. 11/7/17 Site re-inspection, violations ongoing. C. Wishert 11/9/17 Notice and Order 17,28,010, 8.80,020(8), 17.08.230(E), D. Welte 17.•2.060(G)(2), & Ch. 8.72 & 10.52 11/30/17 Phone contact with owner. Owner was D. Welte asked to make or show visible progress by 12/15/17. City Hall Located at 13325 Civic Center Drive 9 of 44 Mailing Address: P.O. Box 789, Poway, California 92074-0789 " . aae o February 5, 2019, Item ll'.3-L 12/12/17 Site re-inspection, violations ongoing. 12/21/17 Site re-inspection, violations ongoing. 12/22/17 Sent letter to property owner correcting case number typographic error on Notice and Order mailed to him on 11/9/17. 1/19/18 1 •< citation issued (for violations observed on 12/21/18). 2/13/18 Site re-inspection, violations ongoing. 2/14/18 Emailed photos to J. Canavan, accumulation poses threat to surrounding homes and hampers fire suppression on the orooertv. 2/16/18 2ND citation issued. 2/21/18 Received letter from property owner addressed to R. Manis. 4/11/18 Response letter to property owner. 4/17/18 1st Notice of Violation -adding additional, applicable PMC code sections to ongoing violations. 4/26/18 Site re-inspection, violations on going. 4/27/18 2nd Notice of Violation -adding additional, applicable PMC code sections to ongoing violations. 4/27/18 3rd citation issued. 5/14/18 Notice and Order 5/15/18 Site re-inspection, violations ongoing. 5/16/18 4TH citation issued. 7/2/18 Meeting with property owner. 8/1 /18 Letter to property owner, 60 day deadline to remove violations. 10/1/18 Site re-inspection, violations ongoing. 11/19/18 Site re-inspection, violations ongoing. 12/19/18 City Attorney issued a final notice to property owner. 10 of 44 D. Welte C. Wishert D. Welte C. Wishert D. Welte 17.28.010, 8.80.020(8), D. Welte 17.08.230(E), 17.42.060(G)(2). & Ch. 8.72 & 10.52 D. Welte 8.80.020(8) D. Welte J. Canavan 17.28.010, 8.80.020(8), 17.08.230(E). D. Welte 17.42.060(G)(2), & Ch. 8.72 & 10.52 R. Manis D. Welte D. Welte 17.54.020 17.54.040 D. Welte D. Welte 17.54.020 17.54.040 D. Welte 17.28.010, 8.80.020(8), 17.08.230(E). D. Welte 17.42.060(G)(2), & Ch. 8.72 & 10.52 17.54.020 D. Welte 17.54.040 D. Welte 17.28.010, 8.80.020(8), D. Welte 17.08.230(E), 17.42.060(G)(2), & Ch. 8.72 & 10.52 D. Welte R. Manis D. Welte D. Welte 17.28.010, 8.80.020(8), D. Welte 17.08.230(E), R. Manis 17.42.060(G)(2), 17.54.020 17.54.040, Ch. 8.72 & Ch. City Attorney 10.52 Paae 2 of 2 February 5, 2019, Item 11'.;;t.L Sl'EVE VALIS, Mayor CITY OF POWAY BARRY LEONARD, Deputy Mayor JIM CUNNING! 1AM, Councilm,moo DA VE GROSCH, Councilmembt:r JOHN MULL! N. Councilmembcr August 16, 2017 Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Notice of Violation Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at 13990 Humo Dr. {APN 3211320600); Case No.17-0469 Dear Property Owner, It has come to the attention of the City of Poway that the following violations of the Poway Municipal Code (PMC) exist on your property: 1. Home Occupation Regulations, PMC Section 17.28.010 -Home occupation permtt (HOP) required for business (Joe Castle Company) in RR-C zone. 2. Junk Accumulation Regulations, PMC Section 8.80.020(8). 3. Commercial Vehicles in Residential Zones, PMC Section 17.08.230(E). 4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). 5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8. 72 You are required to complete the following corrective measures within ten (10) days from the date of this notice: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the 11 of 44 February 5, 2019, Item #_3j_ property and must be removed. If they are owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/OMV registration cards for each vehicles to remain on the property. 5. Storage of vehicles on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Failure to correct the violations by the required date may result in issuance of Administrative Citation, double permit fees, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. Thank you for your cooperation in this matter. If you have any questions, I may be reached at (858) 668-4664 or dwelte@poway.org. Sincerely, DEVELOPMENT SERVICES DEPARTMENT aniel Welte, Code•Compliance Officer 12 of 44 February 5, 2019, Item# 3.1 r STE VE VA US, Mayor CITY OF POWAY BARRY I.EONARD, Deputy Mayor JIM CUNNINGHAM, Councilm,ml,c, D,\ VE GROSCH, Councilmembcr JOHN MUJJ,IN, Councilmcmoo September 1, 2017 Property Owner SECOND NOTICE OF VIOLATION CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Subject: Business in RR-C zone, Hazardous Junk Accumulation, Vehicle Storage at 13990 Humo Dr. (APN 3211320600); Case No.17-0469 Dear Property Owner, It has come to the attention of the City of Poway that the following violations of the Poway Municipal Code (PMC) exist on your property: 1. Home Occupation Regulations, PMC Section 17.28.010 -Home occupation permit (HOP) required for business (Joe Castle Company) in RR-C zone. 2. Junk Accumulation Regulations, PMC Section 8.80.020(8). 3. Commercial Vehicles in Residential Zones, PMC Section 17 .08.230(E). 4. Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). 5. Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8. 72 You are required to complete the following corrective measures within ten (10) days from the date of this notice: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the 13 of 44 February 5, 2019, Item# 3. \ property and must be removed. If they are owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/OMV registration cards for each vehicles to remain on the property. 5. Storage of vehicles on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Failure to correct the violations by the required date may result in issuance of Administrative Citation, double permit fees, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. Thank you for your cooperation in this matter. If you have any questions, I may be reached at (858) 668-4664 or dwelte@powav.org. Sincerely, DEVELOPMENT SERVICES DEPARTMENT aniel Welte, CoBe-Com·pliance Officer 14 of 44 February 5, 2019, Item #..3J ' I S'JT'.VE VAUS, Mayo, CITY OF POWAY BARRY I.E0NARD, Deputy M2yor JIM CUNNINGHAM, Councilmembcr D1\ VE GROSCH, Councihnembcr JOHN MULLIN, Councilmembc:r • Sent via USPS certified mail and first class mail NOTICE AND ORDER TO ABATE NUISANCE You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates regulations limiting vehicle and material storage in a residential zone. As a result of these violations, the property is deemed a public nuisance requiring abatement. Said property is located at 13990 Humo Dr., in the City of Poway. CASTLE JOE R & CYNTHIA L 13990 HUMO OR POWAY CA, 92064 Assessor's Parcel Number 3211320600 Case # 17 -0087 The following violations of law have been detenmined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property: VIOLATIONS: • Home Occupation Regulations, PMC Section 17.28.010 -Home occupation permit (HOP) required for business (Joe Castle Company) in RR-C zone. • Junk Accumulation Regulations, PMC Section 8.80.020(8). • Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E). • Vehicles Kept on Residential Property, PMC Section 17 .42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 CORRECTIVE ACTIONS: • Property owner must complete the following corrective measures within ten (10) days from the date of this Notice and Order: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive 15 of 44 February 5, 2019, Item #_Jj Notice and Order -Castle November 9, 2017 Page 2 items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on August 16, 2017 and September 1, 2017 (Attachment 1 ). The past Notices of Violations sent to you informed you of your responsibility to correct the violations that exists on the property and that are described in this Notice and Order to Abate Nuisance. This violation continues to exist on the property based on on-going visual inspections conducted by the City's Code Compliance Staff as well as through continuous complaints received from residents and property owners that live in the neighborhood. The City has informed you that it is responsible for enforcing all provisions of Title 8, 10 and 17 of the PMC. You are hereby ordered to take the above described corrective action within ten (10) days from the date of this Notice and Order or, alternatively, and within the same period of time, to bring this property into conformity with the requirements of Sections of Poway Municipal Code (PMC) cited above (Attachment 2). You are hereby advised of your right to an administrative hearing on this determination before the City Manager or designated employee, where you may present evidence in your defense. Said hearing must be requested, in writing to the City Manager within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if said nuisance is not abated within the time specified by the City, the City may abate the nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of said abatement, to you. Moreover, if the City's costs of abatement are not reimbursed to the City, such amounts shall be assessed to the property. Additionally, in accordance with General Penalty provisions of PMC, Section 1.08.010, if the aforementioned violations or conditions constituting a nuisance are not brought into compliance, you could also be subject to a charge for a separate offense for each and every day during which this violation is continued, a civil action by the City seeking remedies under state and federal law, and/or the issuance of citations under the City's administrative citation process. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at (858) 668-4664 or dwelte@poway.org. Thank you for your anticipated cooperation in this matter. 16 of 44 February 5, 2019, Item #jj Notice and Order -Castle November 9, 2017 Page 3 Dated: Novemeber 9, 2017 Attached: 1. Past Notice of Violation Letters 2. PMC Chapter 10.52 and 8.72, Sections 17.08.230(E), 17.28.010, 17.42.060(G)(2) 8.80.020(8) 17 of 44 February 5, 2019, Item #.3l \ ' ! I l I l L ~-rEVE V t\US, i\laplr CITY OF POWAY JOHN MUI.I.IN, Deputy i\fayor JIM (UNNINC;f·l:\M, Councilmcmbcr D:\ VE CROSCH, Councilmcmbcr fMRRY LEONARD, Councilmcmbcr December 22, 2017 Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 Subject: Correction of previous correspondence; Case No. 17-0469 Dear Property Owner, A review of the case file revealed a typographical error on the Notice and Order to Abate Nuisance sent to you on November 9, 2017. The case number was indicated as, "17-0087." The correct case number is 17-0469. Despite the error noted above, the property address information, assessor parcel number (APN), property owner information and cited Sections/Chapters of the Poway Municipal Code (PMC) are depicted correctly. Therefore, the necessary corrective measures to remove these violations are still in effect. If you have any questions, I may be reached at (858) 668-4664 or dwelte@poway.org. Sincerely, DEVELOPMENT SERVICES DEPARTMENT ~~- Code Compliance Officer City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 \\'\Vw.poway.org 18 of 44 February 5, 2019, Item #_J.J s·n~VE V AUS, M:ayor CITY OF POWAY JOHN MUU..IN, Deputy Mayor Jlll.1 CUNNING! 1AM, Councilmcmbcr DA VE GROSCH, Councilmcmbcr BARRY LEONARD, Councilmcmbcr January 19, 2018 CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: 1" Administrative Citation Violation of Poway Municipal Code 13990 Humo Dr. Poway, CA 92064 Assessor's Parcel Number 3211320600 Case II 17-0469 Dear Property Owner, •sent via Personal Service, USPS Certified Mail, first class mail or posted at property. On November 9, 2017, you were sent a Notice and Order to Abate Nuisance (Attachment 1) requiring you to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all business related activity or, obtain a Home Occupation Permit (HOP) and abide by HOP regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections 8.80.020(8), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72 (Attachment 2). The Notice and Order detailed the violation that continues to exist on the property and included Notice of Violations that have been previously sent to you (Attachment 3). In addition, you were provided an opportunity to appeal the Notice and Order. The City did not receive an appeal from you. Compliance has not been met and the violation still exists on the property. Said Notice and Order provided ten (10) days for compliance and outlined potential penalties for non-compliance including: • Civil action by the City seeking remedies under state and federal law; • Abatement of violation(s) by the City at your expense; and • Issuance of citations under the City's Administrative Citation process; • Monetary penalties for a separate offense for each and every day the violation continues; • Securing of the City's expenses and penalties by assessment and lien on the property Because your property continues to be in violation of (PMC) Sections 8.80.020(8), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you have failed to comply with the Notice and Order given to you, which constitutes an infraction and is, therefore, subject to the provisions of PMC Chapter 1.08, General Penalty. In addition, the violation related to unlawful storage of vehicles and materials have been deemed a public nuisance and may be abated by the City of Poway, at your expense, and that each day the conditions continue to exist may be regarded as a new and separate offense. City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org 19 of 44 February 5, 2019, Item 11..3J. ) Administrative Citation -Castle: Case# 17-0469 Pa e 2 To address the violation and failure to comply with the Notice and Order, the City is hereby serving you a civil fine through an Administrative Citation (Attachment 4) pursuant to PMC Section 1.10. The Administrative Citation will impose a fine of $100.00 for the first citation payable within 15 days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be increased per PMC 1.10.030(0). If the violation(s) continue, they constitute a separate offense with separate fines for each day the violation(s) continues to exist. The Administrative Citation being served is as follows: Administrative Citation (Citation #0598) with a penalty amount of $100.00 for violation of the PMC Sections and Chapters listed below: • Home Occupation Regulations, PMC Section 17.28.010 -Home occupation pennit (HOP) required for business (Joe Castle Company) in RR-C zone. • Junk Accumulation Regulations, PMC Section 8.80.020(6). • Commercial Vehicles in Residential Zone, PMC Section 17.08.230(E). • Vehicles Kept on Residential Property, PMC Section 17 .42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 Date and Time of Violation: December 21, 2017 at 11 :18 am Date of Administrative Citation: January 19, 2018 In order to correct these violations and comply with the PMC Sections 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to complete the following corrective measures within 15 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/OMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Fonn 20 of 44 February 5, 2019, Item #..3J Administrative Citation -Castle; Case# 17-0469 Pa e 3 (Attachment 5) filed with the City of Poway City Clerk within a period of 15 days from the date of this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn affidavit together with documentation demonstrating to the satisfaction of the City Manager the person's actual financial inability to deposit the amount of the fine in advance of the hearing. If the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of the date of the letter. The determination of the City Manager shall be final and shall not be subject to appeal or judicial review. Payment of the fine is due within fifteen (15) days from the correction date of the citation. Payment of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent further action by the City. Failure to pay the fine on the required date may result in a 50 percent penalty being imposed in addition to the original fine amount. Failure to correct the violation(s) and pay fines pursuant to this Administrative Citation will result in additional enforcement action by the City, which may result in additional administrative fines leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the property, criminal prosecution and/or civil action and injunction with the Superior Court. Thank you for your anticipated cooperation in this matter. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte@poway.org Attachments: 1. Notice and Order to Abate Nuisance 2. PMC Sections 8.80.020(8), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8. 72 3. Past Correspondence 4. Administrative Citation #0598 5. Notice of Appeal/Request for Hearing/Administrative Citation Authority 21 of 44 February 5, 2019, Item #-3.J ADMINISTRATIVE CITATION . CITY OF POWAY DEVELOPMENT SERVICES CODE COMPLIANCE 13325 Civic Center Drive Poway, CA 92064 (858) 668-4668 Citation No. 05"~ ( Date of lssuancefil_1fl1 ( g' Violation Address/Location {3;CfD #u(Vl.6 l)g, (};0,4-y I CA '92.£!6} Responsible Party GA .fTU :::J'o E:"" R !-C/ /',J Ttt-:+= A [__ Yi I l I l 1st CITATION 100.00 AV WITHIN 15 DAYS 2ND CITATION$ PAY WITHIN 15 DAYS 3RD CITATION$ 500.00 PAY WITHIN 15 DAYS 4TH CITATION $1000.00 PAY WITHIN 15 DAYS 0598 • I l YOU MAY BE CITED EACH DAY IF THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS · I CITATION. IF THE VIOLATION(S) IS CORRECTED BEFORE THE DATE PROVIDED ON THE CITATION NO FINE i( I SHALLBEPAYABLE(seebalow). 1~0• 2.g',0(0 -f{Of (.6;,,lA"T~r-.1 '.2.) j', ~0,02.0(B)-jE"iJ~. \ 3 j1, 8', 'l--30(€-) -(oM>'ICf'lOA L IJ~C1., . : DESCRIPTION OF VIOLATION SJ O ,"l1--UJ; ,--?l:rc..W/S~~Ei( l [ ] Prohibited Signs (PMC 17.40.100) 5") 17. 4-;l..' C,fe,t, :-i 1 d--V t\r C(..c$" 0 r-' Rt:"5.':te6,-,f:r1'..i 0unk, trash and debris on property (PMC 8.80-'130t O :2-0 (fs) pi{l{J ()1,(2.,v' 1 [ ] Weeds and/or grasses on property (PMC 8.76.030) [ ])"operable Vehicle(s) (PMC 10.52.050) ,0 Vehicle(s) parked<>" ,e,d (PMC 17.42.06otG,+:l-(9)(:)..) [ ] N.P.D.E.S. Storm Water Management (PMC 13.09) [ ] Construction without permit (PMC 15.04) [ ] Graffiti on premises (PMC 9.56.020 -graffiti shall be removed within 1 O days) [ ] Noise Abatement (PMC 8.80.010) coRRECTIVE ACTION REQUESTED, .s €f ex-.m1>::Dm2:n;-.o -co M fl LY vJ,.:IT(f 4:1,,1, Cl)Rf<GCT.IVC &/1:(u@-t[< l-:I:-Itr"D ~ CORRECTIVE ACTION TO BE COMPLETED sv_,,O=i,-,.-J-.ceoc,,S"-.L-LJ.:2--___ _ DATE SIGNATURE OF PERSON CITED: ,--=-___________ Refu?d to sign [ SIGNATURE OF OFFICER: ~ DATE: / {j 9 Irr: Violation(s) Cleared as of WHITE (Violation Copy) 22 of 44 Inspected by CANARY (Officer Copy) ATTACHMENT.• 2107 February 5, 2019, Item# 3. ! S'fEVE VAUS.M:iyor JOHN MULi.iN, Dcpucy Mayor JIM CUNNINGHAM, Councilmcmber DAVE GROSCH. Councilmember nARRY LEON,\RD, Councilmember February 16, 2018 CITY OF POWAY CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: 2"d Administrative Citation Violation of Poway Municipal Code 13990 Humo Dr. Poway, CA 92064 Assessor's Parcel Number 3211320600 Case # 17-0469 Dear Property Owner, On January 19, 2018, you were sent an Administrative Citation Letter with Citation #0598 (Attachment 1) to cease unlawful storage of vehicles, cease unlawful storage of junk, cease all business related activity or, obtain a Home Occupation Penni! (HOP) and abide by HOP regulations, all in order to comply with the provisions of Poway Municipal Code (PMC) Sections 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8. 72 (Attachment 2). (Attachment 2). The Administrative Citation Letter detailed the violation that continues to exist on the property. In addrtion, you were provided an opportunity to appeal the citation. The City did not receive an appeal from you. Compliance has not been met and the violation still exists on the property. Said citation provided fifteen (15) days for compliance and outlined potential penalties for non-compliance including: • Civil action by the City seeking remedies under state and federal law; • Abatement of violation(s) by the City at your expense; and • Issuance of citations under the City's Administrative Citation process; • Monetary penalties for a separate offense for each and every day the violation continues; • Securing of the City's expenses and penalties by assessment and lien on the property Because your property continues to be in violation of (PMC) Section 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8. 72, you have failed to comply with the Administrative Citation given to you, which constitutes an infraction and is, therefore, subject to the provisions of PMC Chapter 1.08, General Penalty. In addition, the violation related vehicles and junk/storage of materials has been deemed a public nuisance and may be abated by the City of Poway, at your expense, and that each day the conditions continue to exist may be regarded as a new and separate offense. To address the violation and failure to comply with the Administrative Citation, the City is hereby serving you a civil fine through an Administrative Citation (Attachment 3) pursuant to PMC Section 1. 10. The Administrative Citation will impose a fine of $200.00 for the second citation payable within 15 days per PMC 1.10.060. Fines for any subsequent Administrative Citations will be 23 of 44 City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org increased per PMC 1.10.030(0). If the violation(s) continue, they constitute a separate offense with separate fines for each day the violation(s) continues to exist. The Administrative Citation being served is as follows: Administrative Citation (Citation #0605) with a penalty amount of $200.00 for violation of PMC Sections: • Junk Accumulation Regulations, PMC Section 8.80.020(8). • Commercial Vehicles in Residential Zone, PMC Section 17 .08.230(E). • Vehicles Kept on Residential Property, PMC Section 17.42.060(G)(2). • Storage of Nuisance Vehicles; Public Nuisance, PMC Chapter 10.52 and 8.72 Date and Time of Violation: February 13, 2018 at 3:00PM Date of Administrative Citation: February 16, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(B), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8. 72, you are hereby required to be complete the following corrective measures within 15 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/OMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. You are hereby advised of your right to appeal this Administrative Citation and fine pursuant to PMC Section 1.10.070. Such appeal may be submitted by a Request For Hearing Fonm (Attachment 4) filed with the City of Poway City Clerk within a period of 15 days from the date of this Administrative Citation pursuant to PMC Section 1.10.070. The Request For Hearing Form shall be completed in full and accompanied by a deposit in the amount of the fine or by a sworn affidavit together with documentation demonstrating to the satisfaction of the City Manager the person's actual financial inability to deposit the amount of the fine in advance of the hearing. If the waiver is denied, the appeal shall be rejected unless the deposit is made within five days of the date of the letter. The determination of the City Manager shall be final and shall not be subject to appeal or judicial review. 24 of 44 Page 2 of 3 February 5, 2019, Item #_3J Payment of the fine is due within fifteen (15) days from the correction date of the citation. Payment of the fine will NOT excuse or discharge the failure to correct the violation, nor shall it prevent further action by the City. Failure to pay the fine on or before the required date may result in a 50 percent penalty be imposed in addition to the original fine amount. Failure to correct the violation(s} and pay fines pursuant to this Administrative Citation will result in additional enforcement action by the City, which may result in additional administrative fines leading up to $1,000.00 per day per offense, imposition of a code enforcement lien on the property, criminal prosecution and/or civil action and injunction with the Superior Court. Thank you for your anticipated cooperation in this matter. Should you have any questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668-4664 or dwelte@poway.org c7OFPOWAY .4o~4. Director of Developme rvices Attachments: 1. Administrative Citation Letter and Citation #0598 2. PMC 8 Section 8.80.020(8), 17.08.230(E), 17.42.060(G}(2), Chapter 10.52 and 8.72. 3. Second Administrative Citation #0605 4. Notice of Appeal/Request for Hearing 25 of 44 Page J of J February 5, 2019, Item #Jj_ ADMINISTRATIVE CITATION 605 · CITY OF POWAY CitaUon No. 00i)~ DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 (858) 668-4600 Citation Issuance Date: {)~/ ( 0 / ( r An inspection of the premises located at [ 3q '10 {-+U Mo J)~ , PowA-'G C_.t q l,OCe 't· ' in the City of Poway (APN S"J...I I ~-l.0 (d'.)0 ), revealed violation or violations of the Poway Municipal Code (PMC). [ l ,{'f· [ l l l 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION S 100.00 C200.01l) $ 500.00 $1,000.00 $ __ .00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED), FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE /NFORMAT/ NON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S):C9--T .S / 6() p PMC SECTION: DESCRIPTION: a~~~~tfil':~~~F~~~{l:fRj CORRECTIVE ACTION TO BE COMPLETED BY: i)} / 0 5 ,1. 1" PRIITT NAME OF OFFICER Ll -·--.., < DATE , 9--/{p-( 26 of 44 February 5, 2019, Item# :3~-1-· · • l t I I STEVE V 1\ US. Maror CITY OF POWAY BARR\' l.EONARD, Deputy M::iyor JI,\! CUNNINGI-IAM, Councilmcmbcr DAVE ti ROSCH, Councilmcmbcr JOI-IN 1\IUI.I.IN, C,iuncilmcmbcr April 17, 2018 Property Owners CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 NOTICE OF VIOLATION SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, The City has been made aware of industrial/commercial related storage uses occurring on your property in violation of PMC 17.54.020 and 17.54.040 (Attachment 1). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. This notice is separate from previous notices and citations sent to you. The issuance of this notice will not prevent or halt enforcement action previously initiated to address curTent and outstanding violations for which notices and citations were issued to you. Failure to correct the violalion(s) by the required date may result in issuance of Administrative Citation, double permit fees, withholding of any permit or project, revocation of permits, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT aniel Welte, Code-Compliance Officer Attachments: 1. PMC 17.54.020 and 17.54.040 27 of 44 February 5, 2019, Item #_JJ ~-fEVE \I 1\US, .\lap)r CITY OF POWAY HARRY LEONARD, Dcpury Mayor Jl.\1 CUNNIN(;H,\i'-1. Councihncmbcr D:\ VE (;l{OSCl-1, Councilmcmbcr JOHN i'-IULI.IN, Councilmcmbt·r April 27, 2018 Property Owners CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SECOND NOTICE OF VIOLATION SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Humo Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, The City has been made aware of industrial/commercial related storage uses occurring on your property in violation of PMC 17 .54.020 and 17 .54.040 (Attachment 1 ). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Cease unlawful storage activity of industrial and/or commercial equipment and vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. This notice is separate from previous notices and citations sent to you. The issuance of this notice will not prevent or halt enforcement action previously initiated to address current and outstanding violations for which notices and citations were issued to you. Failure to correct the violation(s) by the required date may result in issuance of Administrative Citation, double permit fees, withholding of any permit or project, revocation of permits, recordation of Notice of Violation against the property, imposition of lien against the property, Nuisance Abatement Proceedings and/or referral to the City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT ~.,,,~Offi~, Attachments: 1. PMC 17.54.020 and 17.54.040 28 of 44 February 5, 2019, Item# 3. i ADMINISTRATIVE CITATION CITY OF POWAY DEPARTMENT: DIVISION: Citation No. Development Services Code Compliance 613 (7-04-Co? 13325 Civic Center Drive .t? "'J ('/ Poway, CA 92064 Citation Issuance Date: D ,, ,/-' { I f l> (858) 668-4600 An inspection of the premises located at ts'l?O /./uk() :D/?:r::VC in the City of Poway (APN,'sJ-.(/:-S'.)..O(oOO l. revealed violation or.violations of the Poway Municipal Code (PMC). Name of Responsible Person :_0=-0-=[:--'-R-'--, ...cCf-:=--.,,C..c=.,f1-·-'-1 -'-/-+_.:t:_A'--'--"L~, --"(A=· ~S"='-11-"l"'-'-E" Mail address: (3C/Cj{) //Utll-Q .DR. Po'-<.JA-'(/ G1 '?2,o?,1:- I I ~ ,fi' I I 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION $ 100.00 $ 200.00 C 500.o!l) $1,000.00 $ _.00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION($) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): 01:-2-6, -( S: IS-/ ;;2_. CORRECTIVE ACTION REQUESTED: CORRECTIVE ACTION TO BE COMPLETED BY: 05 10 7 18 PRINT NAME OF OFFICER f) . t;,L:T~ J.-t 't5 29 of 44 February 5, 2019, Item #..3J ·i Date of Administrative Citation #613: April 27, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(6), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following corrective measures within 10 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/DMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. 30 of 44 February 5, 2019, Item #_jj STEVE V,\US, Mayor JOHN MULLIN, Deputy Mayor JIM CUNNINGHAM, Councilmcmber DAVE. GROSCH, Councilmembcr B,\RRY 1.EON,\HD, Councilmembcr CITY OF POWAY ·sent via USPS certified mail, first class mail and posted NOTICE AND ORDER TO ABATE NUISANCE The City's records reveal that you own, occupy, possess or otherwise have an interest in the property identified below. You are herebf informed that the Director of Development Services, as designee of the City Manager o the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates the below- referenced PMC. As a result of the violation{s), the property is deemed a public nuisance requiring abatement. Said property is located at address 13990 Humo Dr., in the City of Poway. CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 APN 3211320600 The following violation(s) of taw has or have been determined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property. VIOLATION(S) • Poway Municipal Code Section 17.54.020: Commercial and industrial related uses or storage in violation of zoning regulations are unlawful and deemed a public nuisance. • Poway Municipal Code Section 17.54.040: Unlawful for any person to conduct land use activity in violation of Title 17 -Zoning Regulations; storage of commercial/industrial items and vehicles in residential zone not allowed. (Attachment 1) CORRECTIVE ACTIONS: • Cease unlawful storage activity of industrial/commercial equipment and/or vehicles in residential zone. Open storage of commercial and industrial items, materials, equipment and vehicle(s) is not an allowed residential use for RR-C zone. As you know, the City of Poway has previously sent you two (2) Notices of Violation on these matters on date and date, in addition to other communications. Despite these Notices, the C::ity h/1~ inspectecJ Y.CJLJr p_r9perty a_nd _9_et~rn1i_necJ __ that violat_io,n_s co_[Jjjnue to exist. You are hereby ordered to take the above described corrective action within thirty (30) days from the date of this Notice and Order. You are hereby further advised of your ri9ht to an administrative hearing on this determination where you may present evidence in your defense. Said hearing must be requested in writing to the City Manager, within ten (10) days of the date the City mailed this notice to you. You are also hereby notified that if violation(s) listed herein are not abated within the time City Hall Located at 13325 Civic Center Drive Mailing Address, P.O. Box 789, Poway, California 92074-0789 www.poway.org 31 of 44 February 5, 2019, Item #_Jj Notice and Order -13990 Humo Dr. -Case 17-0469 May 14, 2018 Page 2 specified, the City may abate the nuisance and charge you the cost/fees of the abatement, including administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof. Moreover, if the costs of abatement are not timely reimbursed to the City, such amounts may be assessed against the property and may be placed on the property's tax bill. Additionally, pursuant to PMC section 1.08.010, if the aforementioned violation(s) or condition(s) constituting a nuisance is/are not brought into compliance in a timely manner, you could also be subject to a charge for a separate offense for each and every day during which this/these violation(s) is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a receivership), a criminal action, and/or issue of administrative citations for these continuing violations. We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. (California Health & Safety Code § 17980(d).) Moreover, we are hereby providing you notice that is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation. Thank you for the anticipated cooperation in this matter. Should you have questions regarding this matter, please contact Code Compliance Officer Daniel Welte at 858-668- 4664 or dwelte@poway.org. • Dated: May 14, 2018 APPROVED AS TO FORM: 01-1vfdb- Alan Fenstermacher, City Attorney Attached: PMC Sections 17.54.020 and 17.54.040 ---------·--- 32 of 44 Page 2 of 3 February 5, 2019, Item #_Jj I t I ADMINISTRATIVE CITATION CITY OF POWAY DEPARTMENT: DIVISION: Citation No,(di Development Services Code Compliance 619 11-04-foq 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Date:QS I f {p I { fl" (858) 668-4600 An inspection of the premises located at / 3 '1 ?o /luMt> J)fJ;:VC in the City of Poway (APN :S.:?:/ /?, .,2.Q(pOC> ), revealed violation or violations of the Poway Municipal Code (PMC). [ l [ l {.}_ [ l 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION $ 100.00 $ 200.00 $ 500.00 a ,,ooo.oCJ) $ _.oo PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE INFORMA T/ON ON THE BACK SIDE OF THIS CITA T/ON. DATEANDTIMEOFVIOLATION(S): 05-(5"-( S" !34--f. PMC SECTION: .DESCRIPTION: CORRECTIVE ACTION REQUESTED: _ ,'f' l''-l' Wffb' '[)J:::li/,n:::-r:;;Ve-s: La;J'nf[) ""' 6)-m,,--,w,.--7, CORRECTIVE ACTION TO BE COMPLETED BY: 05 , ;;..5" , IS" PRINT NAME OF OFFICER DAT] J). w~J.-r!!' ~r'{S" 5 f<,;r~ 33 of 44 February 5, 2019, Item #JJ .- Attachment 1 Date of Administrative Citation #619: May 16, 2018 In order to correct these violations and comply with the PMC Section 8.80.020(8), 17.08.230(E), 17.42.060(G)(2), Chapter 10.52 and 8.72, you are hereby required to be complete the following corrective measures within 10 days of the date of this Administrative Citation: 1. Cease operation of business related activity on the property or obtain HOP. Must comply with all HOP regulations (outdoor storage not allowed, no storage of commercial vehicles, shall not change principle character of dwelling, etc.). 2. Openly stored accumulation of junk, materials, and items have been declared a fire/safety hazard by Poway Fire Department. Remove unlawful accumulation of materials, building materials, debris, cardboard, mechanical items, plastics, automotive items and tires, to the satisfaction of Poway Fire Marshal and Director of Development Services. 3. Commercial vehicle and semi-truck parking is limited to eight (8) hours; storage not allowed in RR-C zone. 4. All vehicles on the property shall be for personal use of the resident of the dwelling. All vehicles not registered to the property owner or resident may not be stored on the property and must be removed. If any vehicle is owned by a lawful resident of the home, you shall provide written evidence of residency (including person's full name and contact information), photos of the vehicle (with license plate or VIN visible) and title info/OMV registration cards for each vehicle to remain on the property. Commercial vehicles may not remain, regardless of ownership. 5. Storage of vehicles and items on your property are contributing to a Public Nuisance and are subject to abatement and/or removal. Remove nuisance vehicles. Cease activity. 34 of 44 February 5, 2019, Item #.JJ STEVE V ,\US, M:iy(lr CITY OF POWAY JOHN :>.IUU.IN, Deputy ,\l:irnr C,\ YI .IN Flt•\NK, Councilmcmbcr I):\ VE GROSCl·I. Councilmcmbcr Rz\lUlY LEONARD, Councilmcmbcr August 1, 2018 Property Owner CASTLE JOE R & CYNTHIA L 13990 HUMO DR POWAY CA, 92064 SUBJECT: Storage of industrial/commercial items, vehicles in RR-C zone at 13990 Hume Dr. Poway, CA 92064; APN 3211320600 Case Number: 17-0469 Dear Property Owner, Thank you for making time to meet with us on July 2, 2018. Although we have been made aware that you are facing notable challenges in managing the property and materials associated with your business, we ask that you make notable progress toward reducing the number of unlawfully stored vehicles and materials on your residential property. Please provide evidence of progress toward resolving the violations on your property, which may include evidence of sale of vehicles, materials, photos or other documentary evidence indicating that materials and vehicles are being removed. Your property will be monitored for compliance. Failure to make or demonstrate progress within 60 days from the date of this letter will result in resumption of enforcement action. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4664 or dwelte@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT aniel Welte, Code 'Complia·nce Officer Ciry Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org 35 of 44 February 5, 2019, Item #_Jj RUTAN RUTAN & TUCKER, LLP Joe Castle and Cynthia Castle 13990 Humo Drive Poway, CA 92064 December 19, 2018 Re: Notice ofViolaiion: 13990 Humo Drive To whom it may concern: Noam Duzmun Din:ct Dial: (714) 641-3478 E-mail: nduzm~~rut~n;co~ This office serves as City Attorney for the City of Poway. The City's records show that you are the own~r, ~ccupant, ~cl/or hav"e a legal interest in the property Iocaied at 1399'0 Hul!'o Drive·in the City of Pcfway ("Prc:iperti'). We have been infonned thatihe Property is in violation of the .Poway Municipal Code ("PMC"). Acco(dingly, this letter will serve as notice and provide you a final opportunity to•remedythe befow'referenci:d violations. The City has mitde an internal effort to obtain voluntary i:ompliitnce from You by both writing .you several letters (including imiltiple notices of violation.and notices and orde.rs to abate) and issuing you four citations demanding that you bring the Property into compliance with applicable codes. While you have had more than a reasonab)e amount of time to bring the Property irito compliance, you have failed to•do so. At this point; the City has turned the case over to our office, acting in the capacity of City Attorney for the City of Poway, to handle this matter. The following violations exist on the Property: I. Poway Municipal Code §§ 17.54.020 and 17.54.040: The commercial and industrial related uses on ihe Property, specifically including the storage of commercial and industrial products and ve_hicles, violates the City's Zoning Code. In particular, the Property is zoned Rural Residential (RR-C), and accordingly, the foregoing uses are not pennitted. No later than 7 days from the date o[this feller, vo11 must co11tacl me at the below.number lo discuss bringing the Property into coniplia11ce with tit is reg11latio11 and, 110 later lha11 20 days from the date ofthis lei/er, vo11 n111st fully address this vio/atio11 .by ceasing all commercial a11d i11d11strial activities 011 the Property ti11d removing all commercial and industrial itents and vehicles stored 011 the Property. 2. Poway Municipal Code§§ 8.80.020(B), 8.80.030: No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot 611 Anton Blvd., Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa. CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 Orange Co1,~lfPof 4410 Allo I www.rutan.com ATTACHMENT D 2S23/012782-0027 ll\75326.1 :,12/1811S February 5, 2019, Item #,3.l_ RUTAN AUTNI-6 TUCKLR, LLP Joe Castle and Cynthia Castle used for residential purposes. For purposes of this section, please note that the term "junk" includes, but is not limited to, any combustibre or noncombustible nonputrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes;.trimmings from laWI1s, shrubbery or trees, except_ when used for mulch or like agricultural purposes; household refuse o_ther than garbage; l=.ber, i:netal, plumb!ng fixtures, bricks, building stones, plaster; wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or'scrilps; damaged or defective machi~ery, wheiher or not repairable; and damaged or defective toys, recreational equiplTlent or household appliances or furnishings, whether or not repairable. Further, in this participate case, the junk includes the commercial and industrial items and vehicles on the Property, which have been declar~d a ·fire ha~d by the Po~ay Fire Department. · No later lhan-7 days from the dale ofihis lei/er, you must contact me at the below number to discuss bringing the Property into i:onipliani:e,iiiiili.iflis regulation and; no laterihaii20 days from the daie ofih1s Leiter, 'you.must /itllv aadieSs tlzis violaiioiz by removing iiizy iuiik froiiz 11,e ·properly to the satisfaction of both tfie .. Powiiy Fife Marshall and Director of Development Services 3. Poway Municipal Code §§ 10.52.050, I 7.08.230(E) and 17.42.060(0): The Property contains nuisance vehicles. Parking for semi0 trucks, dump trucks and moving vans and other commercial vehicles is limited to eight hours in the Property's RR-C zone, and storage of such vehicles is not permitted. Further, all vehicles on the Property must be for the personal use of_ the resident of the dwelling. All vehicles not registered to the property owner or resident are subject to removal. No later than 7 days from the date of this fetter, you must contact me atthe below 1111mber to discuss bringing the Property into compliance with this regulatio11 and, 110 later tha11 20 days from the date of //tis letter, you must fully address this violation by removing all commercial veliicles siored on ihe Property, a11d provide writte11 evidence of residency, pfiotos o(lfte vehicles, mid proof of owners/zip (title ai1d DMV registi-atioi, i11formation) for all 11on-commercial vehicles 011 the Property, or remove the same. The enclosed photographs depict the violations that are the subject of this letter. We are providing you notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. (Cal. Health & Saf. Code § I 7980(d).) Moreover, as required by law, we are hereby providing you notice that it is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation. 2S2310l 2782-0027 IJl7SJ26-.I :112118118 37 of 44 February 5, 2019, Item #Jj_ RUTAN IWT/1.N "lUClltA, LL..P Joe Castle and Cynthia Castle As provided by PMC section 1.08.0l0(B), each violation of the aforementioned code constitutes a misdemeanor punishable by a$ I ,000 fine and/or-six months in the County jail or both the fine and imprisonment That same sectio·n provides that each day the violation continues constitutes a new and separate offense for which tl)e fulimisdemeanor penalty may be imposed. Furthermore, pursuant to PMC section 1.08.QIQ(D), th~ (;:ity is authorized to initiate a civil action against you to address these issues. Finally, under PM_C Chapter 8:72, the City is authorized to abate the nuisance on iis own. If you fail to bring the Property into compliance ):,y the times prescribed, you will leave the City wiih no choice but to consider the aforementioned legal options, including the City taking the necessary steps to utilize its own or hired forces to aliate the· violations, and/or initiating a civil (e.g., seeking injunctive relief or the appointment.llf a r~ceiver) or c_riminal action to address these violations. The City is placing yo11 on noti~e that if.you fail to bring the Property into c~mp(iance in a timely manner arid the City is required to ta!<e any action to gain compliance, the City will be seeking reimbursemen·t from you for all such City costs, fee·s (including attorneys' fees) and expenses incurred therewith. We are hereby providing you notice to ap·pear lie fore the Poway City Coli.ilcil at its meeting to be held on February 5, 2019 at 7:00 p.m. to show caus~, if any, why the Property should not be deciared a public nuisance and the nuisance be abated by C:ity forces and/or hired forces, or through a Ciiy-initiated legal action. Further, pursuant to section 22661 of the California Vehicle Code and PMC Chapter 10.52, and pursuant to PMC Chapter 16.68, this letter provides you with a l 0-day notice from the date of this letter of the City's intention to abate and remove each of the vehicle(s) stored on the Property in violation of the PMC, specifically including those listed in Exhibit"(" hereto. Furthermore, you are hereby placed on notice that you have the right to appear at the City Council's February 5, 2019 public hearing regarding the same, or you may submit a sworn written statement denying responsibility for the presence of the vehicle on the Property, with the reasons for such denial, in lieu of personally appearing. If you intend to challenge the City's determination that the vehicles are being stored in violation of the PMC, you must within 10-days from the date of this letter submit to me by email or mail notice that you intend to appear at the February 5 hearing or your sworn statement. Your failure to do so in a timely manner will make the Vehicles subject to removal by the City. 2523'012782.0027 ll11H26.I all/18.118 38 of 44 February 5, 2019, Item #_JJ RUTAN RUT.u.l i fUC:Kt.R. UP Joe Castle and Cynthia Castle I look forward to your complete cooperation in this matter. If you have any questions regarding the requested compliance, please contact ni.e at (7 641,3478. l5ll/D 12782-0027 1l17Sl26.I a12/18Jl8 39 of 44 Noam Duzman City of Powa 's City Attorney's Office February 5, 2019, Item #_JJ f • • " 40 of 44 ATTACHMENT E 0 -00 0 -0:, 0 February 5, 2019, Item # -3J 0 - ,, co C" ... C: II.I '< <J1 N 0 _.. <D •.'.·.· ;, ..... ~ . . r .:·~-. ···-..c.-· f"' . ·~· Looking up driveway from Humo Dr. 10/01/18 by CEO 0. Welte -n, 3 ~ 11/19/18 by CEO D. We lte 2c ·J 8 3:56:37 P1'1J a BonilB HoBci PD 1J'Jay ~ w 0 - .,, Cl) tr ... C: QI '< u, N 0 .I> .!D co 3 ~ 11/19/18 by CEO D Welte 11/19/ L8 by CEO D. Welte . 7[rJ B -4;00;LJ6 Pi\11 9B3 Hurno Drlve City of Poway COUNCIL AGENDA REPORT APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED REMOVED □ □ CONTINUED _____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: February 5, 2019 Honorable Mayor and Members of the City Counc/2I, / Robert Manis, Director of Development Services f",\ David De Vries, City Planner (858) 668-4604 or ddevries@poway.org RESOLUTION NO. Resolution Declaring that the Property at 137 46 Frame Road Constitutes a 'Public Nuisance" and Ordering the Property Owner to Abate the Violation. The hearing on this item is being held pursuant to Chapter 8. 72 of the Poway Municipal Code (PMC) for the purpose of determining whether the trash, junk, miscellaneous debris, inoperable vehicles, and unpermitted patio cover located in the front yard area of the property at 13746 Frame Road (APN: 317-042-06) should be declared a 'public nuisance" and whether the property owner should be ordered to correct these violations. The owner of the property is Raymond Breen. Should the City Council order that these violations be removed, and if the property owner fails to do so in the time allotted, then the City will complete the work and place a lien on the property or record a special assessment for all costs and fees associated with securing compliance with the applicable codes. Recommended Action: It is recommended that the City Council adopt the proposed Resolution (Attachment A) finding that the conditions on the property constitute a public nuisance and declaring that the City abate the nuisance if the property owner fails to timely remedy the public nuisance conditions. Discussion: In April 2018, the City started receiving complaints about the accumulation of junk and parked vehicles in the front yard at 13746 Frame Road. Items such as cabinets, file drawers, chairs, tools, a water heater, a table and umbrellas were being stored in the driveway and across the front yard. Additionally, several vehicles were being parked/stored in the front yard and the side of the driveway, contrary to regulations in the Poway Municipal Code (PMC). Sections 8.80.020 and 8.80.030 of the PMC prohibit the accumulation of junk. Section 17.42.060 of the PMC prohibits the parking of vehicles in the front yard except as specified and only on a paved surface. An aerial/site location map of the property is included as Attachment B. On April 11, 2018, a Code Compliance case was opened. The City issued the property owner two Notices of Violation, a Notice and Order to Abate, and four Administrative Citations from April to November 2018. The four Administrative Citations included fines in the amounts of $100, $200, $500, and $1,000, respectively, as prescribed by the PMC. The City did not receive any response 1 of 32 February 5, 2019, Item# 3.2 Public Nuisance Hearing -13746 Frame Road February 5, 2019 Page 2 from the property owner and the property remains in violation of the PMC. A summary of the case history and documents associated with code enforcement of this case are included as Attachment C. In October 2018, it was discovered that patio covers/shade structures had been installed in the driveway area in violation of PMC Chapter 15.04. This condition also constitutes violation of the PMC. On December 17, 2018, the City Attorney's Office sent the owner a Notice of Violation citing the outstanding violations, demanding that the owner timely correct the violations, and providing the owner a notice to appear before the Poway City Council at the February 5, 2019 City Council meeting where the City Council would consider whether to declare the property a public nuisance (Attachment 0). The property owner has not taken the required steps to correct the violations. Photos of the junk accumulation, parked/stored vehicles, and unpermitted patio covers/shade structures are provided as Attachment E. If the City Council finds that the conditions on the property constitute a public nuisance, the City will -after the City both provides the owner the required legal notice and secures an inspection and abatement warrant -abate the violations by removing all the trash, junk, miscellaneous debris, inoperable vehicles, and shade structures. All costs and fees of the abatement will be kept and itemized and, if the owner refuses or fails to timely reimburse the City for such expenses, staff will return to the City Council to confirm the costs and fees and then lien the property or record a special assessment to recoup all the City's costs and fees .. Environmental Review: This item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEOA review. Fiscal Impact: All costs/fees of the abatement, plus an administrative fee, will be assessed to the property owner via a lien and/or a special assessment. Public Notification: Public notice was published in the Poway News Chieftain on January 24, 2019, and a copy of this report was sent to the property owner. A copy of the notice was posted at the property. Attachments: A. Resolution B. Aerial/Site Location Map C. Case History Summary and code enforcement documents D. December 17, 2018 letter from City Attorney E. Photographs 2 of 32 February 5, 2019, Item# 3. L Public Nuisance Hearing -137 46 Frame Road February 5, 2019 Page 3 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of 32 Reviewed By: Alan Fenstermacher City Attorney Approved By: Tina M. White City Manager February 5, 2019, Item# 3. L RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FINDING AND DECLARING CONDITIONS PRESENT AT 13746 FRAME ROAD, POWAY, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, inspections of the premises at 13746 Frame Road, Poway, California, with Assessor Parcel Number 317-042-06. ("Property") have been repeatedly conducted by City of Poway ("City") personnel; WHEREAS, said inspections reveal violations of the Poway Municipal Code exist on the Property; WHEREAS, specifically, City personnel have observed violations of Section 8.80.030 of the Poway Municipal Code by maintaining or permitting an accumulation of junk and inoperable vehicles on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes; WHEREAS, City personnel have also observed a violation of Section 17.42.060 of the Poway Municipal Code by parking vehicles in unpermitted areas of the front yard; WHEREAS, furthermore, City personnel have observed a violation of Chapter 15.04 of the Poway Municipal Code by installing patio covers/shade structures in unpermitted locations and without proper permits; WHEREAS, the City has made multiple attempts to obtain voluntary compliance from the Property owners, including by issuing violation notices on April 11, 2018 and April 24, 2018,. issuing a Notice and Order to Abate Nuisance on August 13, 2018, issuing administrative citations on September 17, 2018, October 3, 2018, October 23, 2018, and November 9, 2018, and finally by way of a letter from the City Attorney's Office dated December 17, 2018 demanding compliance; WHEREAS, the Property owner has been non-responsive to the City's efforts to informally resolve this matter; WHEREAS, Section 8. 72.020 of the Poway Municipal Code defines a nuisance as follows: A "nuisance" includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any condition within the City found to be a potential threat to the general health, safety and welfare of the public. WHEREAS, California Civil Code Section 3480 provides that "[a) public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal;" 4 of 32 ATTACHMENT A February 5, 2019, Item# 3.2 Resolution No. P-19- Page 2 WHEREAS, California Health & Safety Code Section 17980.10 provides that upon the City Council adopting a Resolution determining that a property constitutes a public nuisance, the City acquires jurisdiction to abate any such violation; and WHEREAS, a public hearing was held before the City Council on February 5, 2019, and all interested parties were provided notice and an opportunity to be heard on the issue of whether the conditions present at the Property constitute public nuisances. NOW, THEREFORE, based on the written documents and oral testimony presented at the hearing, the City Council of the City of Poway resolves as follows: Section 1. and determines. The forgoing recitals are true and correct and the City Council so finds Section 2. The City Council finds and declares that the following conditions on the Property each present a danger to the health, property, safety, and welfare of the public and therefore constitute a public nuisance as defined in California Civil Code Sections 3480 and the Poway Municipal Code: (1) maintaining or permitting an accumulation of junk and/or inoperable vehicles on a lot used for residential purposes; (2) parking/storing vehicles in the front yard; and (3) allowing or maintaining unpermitted patio covers/shade structures. Section 3. The City Council orders the owner of the Property to abate the nuisances within thirty (30) days by (i) removing any accumulation of "junk" (as that term is defined by Poway Municipal Code Section 8.80.010(c)) and any inoperable vehicle from public view in compliance with Poway Municipal Code Chapter 8.80; (ii) removing parked vehicles from front yard pursuant to Poway Municipal Code Section 17.42.060; and (iii) either obtaining the necessary City permits or removing patio covers/shade structures. Following completion of the aforementioned corrective work and within the same thirty (30) day period, the owner of the Property shall have the City inspect the Property to verify compliance. Section 4. A copy of this resolution of the City Council ordering the abatement of the nuisances shall be served upon the owners of the Property. The service shall be made both by registered or certified mail, addressed to the owner at the last known address of the owner and by posting a copy on the Property. Any owner shall have the right to have the nuisances abated in accordance with this resolution and at his or her own expense, provided the same is completed prior to the expiration of the thirty-day period. Section 5. If the nuisances are not completely abated by the owner as directed within the thirty-day period, the City shall cause the same to be abated by the City personnel or private contract, and the personnel or persons under contract are expressly authorized to enter upon the premises for such purposes. The owner of the premises shall be liable to the City for all costs and fees of the abatement, including administrative costs. Section 6. In accordance with the provisions of Poway Municipal Code Chapter 8.72, the City Council directs City staff to maintain an itemized account of all costs and fees incurred by the City in abating the nuisances, including all administrative and legal fees and expenses. City staff shall submit to the City Council for confirmation an itemized written report showing the costs. The City Council may modify the report if it is deemed necessary and shall then confirm the report by motion or resolution. Pursuant Government Code Sections 38773 and 38773.5 of the Government Code, the total cost, fees, and expenses of abatement, including all 5 of 32 February 5, 2019, Item #fi2 Resolution No. P-19- Page 3 administrative costs, shall constitute a lien or a special assessment against that parcel and shall be collected in accordance with applicable State and City laws. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting held on the 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 6 of 32 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item #.:-12- Print Date: 1/15/2019 - 7 of 32 Map Provided by the City of Poway Map Scale : 1 Inch = 107 feet ------"""·---- ATTACHMENT B February 5 , 2019, Item #;1_2 APN: 317-042-0600 PROPERTY OWNER(S): VIOLATION ADDRESS: DATE PREPARED: CASE HISTORY Raymond Breen 13746 Frame Rd. Poway, CA 92064 11/09/2018 CASE NO. 18-0134 PMC VIOLATION(S) EXISTING THIS DATE: 8.80.020 & 8.80.030 Accumulation of junk; 17.42.060 (G) Yard parking; Chapter 15.04 Unpermitted patio cover DATE INVESTIGATION REPORT PMC WITNESS 4/11/2018 Received complaint; opened case 8.80.020; C. Wishert 8.80.030; 17.42.060 (G) 4/11/2018 Notice of Violation 8.80.020; C. Wishert 8.80.030; 17.42.060 (G) 4/24/2018 2 nd Notice of Violation 8.80.020; C. Wishert 8.80.030; 17.42.060 (G) 5/16/2018 Reinspection: All vard oark aone 17.42.060 (G) C. Wishert 6/22/2018 Reinspection: Yard park back 17.42.060 (G) C. Wishert 8/13/2018 Notice & Order 8.80.020; C. Wishert 8.80.030; Director OS 17.42.060 (G) Citv Attnv 9/17/2018 Administrative Citation #1 ($100 + late 8.80.020; C. Wishert fee) 8.80.030; 17.42.060 (G) 9/25/2018 Sheriff activitv SOSO 10/03/2018 Administrative Citation #2 ($250 + late 8.80.020; C. Wishert fee) 8.80.030; 17.42.060 /Gl 10/22/2018 Unpermitted patio cover to be added to Chapter 15.04 C. Wishert listed violations at this address as discovered from SO pictures from 9/25/2018. 10/23/2018 Administrative Citation #3 ($500 + late 8.80.020; C. Wishert fee) 8.80.030; 17.42.060 /Gl 8 of 32 ATTACHMENT C February 5, 2019, Item #}32 11/9/2018 Administrative Citation #4 ($1000) 8.80.020; C. Wishert 8.80.030; 17.42.060 (G) 11/9/2018 Violation 15.04 to be added to this case Chapter 15.04 B. Manis per Director. C. Wishert 12/17/2018 Letter from City Attorney Rutan & Tucker LLP 9 of 32 February 5, 2019, Item#~ STl•:VI•: \':\US . .'\l:1yor CITY OF POWAY H:\llllY 1.1•:CIN,\HD. Dqi111y ;'\l:1y11i" JI .'\I <:UNi\'11'!( ;11, \,\I, <:ouncilme111bcr D:\ VE (; ROSCH, Council member JC)l·IN ;'\fUI.I.IN,<:,iuncilmcmber April11,2018 Property Owners RAYMOND BREEM 13746 FRAME RD. POWAY, CA 92064 FIRST NOTICE OF VIOLATION SUBJECT: Yard park/accumulation of outdoor storage; 13746 Frame Rd., Poway, CA 92064; APN 317-042-06 Case Number: 18-0134 Dear Property Owner, The City has been made aware of the yard park and accumulation of outdoor storage which is in violation of Poway Municipal Code Section(s) 17.42 and 8.80 (Attachment 1 ). You are required to complete the following corrective measures within ten (10) days from the date of this letter: 1. Remove all vehicles from the right of the driveway; remove the trailer from the front yard. 2. Remove all storage of materials from the front yard. Failure to comply with this notice may result in escalated enforcement action, including issuance of administrative citations and/or referral to the City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4663 or cwishert@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT ~2J~ Cindy Wisher!, Code Compliance Officer Attachments: 1. Attachment 1 2. Attachment 2 pictures 10 of 32 February 5, 2019, Item #3.J_. STEVE V,,\US, ,\layur CITY OF POWAY n.-\llRY 1.1•:< lN;\RD, Dcput)' ,\bym JI ~I c:U~NINCH:\,\I, t :ouncilmcmhcr D,\ VE CROSCH, Councilmc-mbcr I{ )l·IN ,\IUJ.1.IN. c:1,uncili1mnbl·r April 24, 2018 Property Owners BREEN RAYMOND 13746 FRAME RD. POWAY, CA 92064 SECOND NOTICE OF VIOLATION SUBJECT: Yard park/accumulation of outdoor storage; 13746 Frame Rd., Poway, CA 92064; APN 317-042-06 Case Number: 18-0134 Dear Property Owner, The City has been made aware of the yard park and accumulation of outdoor storage, which is in violation of Poway Municipal Code Section(s) 17.42 and 8.80 (Attachment 1 ). You are required to complete the following corrective measures within ten ( 10) days from the date of this letter: 1. Remove all vehicles (including trailer) from the right of the driveway 2. Remove all storage of materials from the front yard. Failure to comply with this notice may result in escalated enforcement action, including issuance of administrative citations and/or referral to the.City Attorney. I appreciate your cooperation in resolving this matter. If you have any questions, please contact my office at (858) 668-4663 or cwishert@poway.org. Respectfully, DEVELOPMENT SERVICES DEPARTMENT --tu~ -z;Jµ)J"- Cindy Wishert, Code Compliance Officer Attachments: 1. Attachment 1 2. Attachment 2 pictures 11 of 32 February 5, 2019, Item #.a..z_ I I ' I I l ~Tl~VE \',\US, ,\f:1,-or JOIIN ,\(UIJ.IN, Deputy Mayor CJ\ YI .IN 1:n.\N K, C:ouncilmcinbcr D,\ VI·'. (iHOSCl·I, Cnuncilmcmber H:\RRY I.EON:\RD, C:nuncilmcmbcr CITY OF POWAY ·sent via USPS certified mail, first class mail and posted NOTICE AND ORDER TO ABATE NUISANCE The City's records reveal that you own, occupy, possess or otherwise have an interest in the property identified below. You are hereby informed that the Director of Development Services, as designee of the City Manager of the City of Poway, has determined that condition(s) exist on your property that pose a threat to the general health, safety and welfare of the public and that these are deemed violation(s) contrary to the Poway Municipal Code (PMC). Specifically, the condition on your property violates the below- referenced PMC. As a result of the violatlon(sl, the property is deemed a public nuisance requiring abatement. Said property is located at 13746 Frame Rd., in the City of Poway. BREEN RAYMOND 13746 FRAME RD POWAY, CA 92064 The following violation(s) of law has or have been determined to pose a threat to the general health, safety and welfare of the public and constitute a nuisance at the property. VIOLATION(S) • Poway Municipal Code Section 8.80: accumulation of junk (Attachment 1) CORRECTIVE ACTIONS: • Remove all storage of materials lrom front yard. As you know, the City ol Poway has previously sent you two (2) Notices of Violation on these matters on April 11, 2018 and April 24, 2018, in addition to other communications. Despite these Notices, the City has inspected your property and determined that violations continue to exist. You are hereby ordered to take the above described corrective action within thirty (30) days from the date of this Notice and Order. You are hereby further advised of your right to an administrative hearing on this determination where you may present evidence in your defense. Said hearing must be requested in writing to the City Manager, within ten (10) days of the date the City mailed this notice to you. Cicy Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org 12 of 32 February 5, 2019, Item #.J...2__ Notice and Order-13746 Frame Rd. -Case ff 18-0134 August 13, 2018 Page 2 You are also hereby notified that if violation(s) listed herein are not abated within the time specified, the City may abate the nuisance and charge you the cosUfees of the abatement, including administrative costs, attorneys' fees and reasonable interest for unpaid costs/fees thereof. Moreover, if the costs of abatement are not timely reimbursed to the City, such amounts may be assessed against the property and may be placed on the property's tax bill. Additionally, pursuant to PMC section 108.010, if the aforementioned violation(s) or condition(s) constituting a nuisance is/are not brought into compliance in a timely manner, you could also be subject to a charge for a separate offense for each and every day during which this/these violation(s) is/are continued, or the City could initiate a civil action (e.g., seeking injunctive relief or a receivership), a criminal action, and/or issue of administrative citations for these continuing violations. We are providing you a notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year" for any property that is deemed a public nuisance. (California Health & Safety Code§ 17980(d).) Moreover, we are hereby providing you notice that is unlawful for a lessor to retaliate against a lessee pursuant to Section 1942.5 of the Civil Code for reporting a violation. Thank you for the anticipated cooperation in this matter. Should you have questions regarding this matter, please contact Code Compliance Officer Wishert at 858-668-4663 or cwishert@poway.org. Dated: August 13, 2018 APPROVEDASTOFORM: Alan Fenstermacher. City Attorney Attached: PMC Section 8.80 13 of 32 February 5, 2019, Item #.J.2_ / ' r I . i r I ADMINISTRATIVE CITATION CITY OF POWAY Citation No. /_p 2 7 DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 (858) 668-4600 Citation Issuance Date: 09 / 17 / I e An Inspection of the premises located at 13 74 le r("'a ro r: Rd 627 In the City of Poway (APN 317-04 2 -0(9 O O ), revealed violation or violations of the Poway Municipal Code (PMC). Name of Responsible Person: Ra t_jl'YlOOc\ bee e 0 Mall address: 1'=>71,\-.u r(b._M!..U..C:.-eP. ... d.,_,__. ------------ ----'tbuny-, CA-__,9=2...,,,t>=tol.-'<f-._ _______ _ N' C l C l C l 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION $ 100.00 $ 200.00 S 500.00 S 1,000.00 s __ .oo PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH OAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVEO OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. RE\/1EW THE INFORMATION ON THE BACK SIDE OF THIS CITA TJON. DATE AND TIME Of VIOLATION(S);---=:,9c.J/..Ll;::i3c//-llL8J_ _ _jl_.O~; 2,;k,_J9L-<JQ1,.J.JQ'.\Cl...,.., - PMC SECTION: DESCRIPTION: CORRECTIVE ACTION REQUESTED: CORRECTIVE ACTION TO BE COMPLETED BY: I/ / 0 2 1 18 PRINT NAME OF OFFICER OATE c.,, (\ 9 17 18 14 of 32 February 5, 2019, Item #Y 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 13746 Frame Road Poway, CA 92064 Citation #627 Date issued: 9/17/2018 Payment due by: 09/27/2018 Description Fine Due: $ 100: add 50% penalty if paid after Property Owner and Mail Address: Raymond Breen 13746 Frame Road Poway, CA 92064 Property Information: 13746 Frame Road Assessor's Parcel Number Case# 3170420600 Additional information is attached. Your prompl payment is appreciated I City Hall Hours/ 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours INVOICE Date Invoice No. 9/1712018 180782 Please make your check payable to the City of Poway Mall Payment To City of Poway Altn: Customer Services P.O. Box 789 Poway, CA 92074 General Information Email: customerservlces@poway.org Web site: htlp://www.poway.org Phone (858) 668-4401 Terms: Due Dato: See Due Date 9/17/2018 Amount 100.00 Payments $0.00 Coding: 301030-73150 Reimbursable I Balance Due $100.00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE. 15 of 32 February 5, 2019, Item #M- ADMINISTRATIVE CITATION 632 CITY OF POWAY Citation No. l,32- DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Dale: IO I O 3 / :2 DI B (858) 668-4600 An inspection of the premises located at 1~74 le fca me Bd In the City of Poway (APN 317-04:Z.-O{pOO ), revealed violation or violations of the Poway Municipal Code (PMC). Name of Responsible Person:_,_._u.imond-'-~"-'(.,_f'.,_f ..... Du.... ________ _ Mall address: 'J L, Frame Rd [ l f1 [ l [ l 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION Pou.Jay, CA q.;2ok> $ 100.00 $ 200.00 $ 500.00 $1,000.00 $_.00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE /NFORMA TION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S): l O /3/2018 G L.""p"""M_._ __ _ PMC SECTION: DESCRIPTION: f----'"-'-"""--__..._.......,_;u,,._~,L_JJu..u_1 .. da±1 oo : a -R:oD Ly.'"-'...__._ _____ -1 1---'-.L..:....-'-""-'-=-=..,"---~eh ;c,.le s park d , £\ fro()+ y acd CORRECTIVE ACTION REQUESTED: I ~°"" a~I__ sd,,,-a9e of mal,,,;o.Ls £cw, fuo± yard Qv.e.oy~e.l::i,cle. 7 /:lfode..c ±rorn -£,-/Y)+ yard ie±har k CORRECTIVE ACTION TO BE COMPLETED BY: [0 / IB ·1 ~Oj 8 SI NATURE OF OFFICER , PRINT NAME OF OFFICER DATE . JU~'"""-,t---=C!'-'-'1,.,=--dr,J_W sh er f /0 I February 5, 2019, Item #;ll 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 13746 Frame Road Poway, CA 92064 Citation #627 Date issued: 09/1712018 Payment due by: 0912712018 Description Fine Due:$ 100; add 50% penalty if paid after 912712018 Citation #632 Date issued: 10103/2018 Fine Due: $200; add 50% penalty if paid after 10118/2018 Property Owner and Mail Address: Raymond Breen 13746 Frame Road Poway, CA 92064 Property Information: 13746 Frame Road Assessor's Parcel Number Case# 3170420600 Additional information is attached. Your prompt payment is appreciated! City Hall Hours/ 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours Coding: 301030-73150 Reimbursable INVOICE Date Invoice No. 9117/2018 180782 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 9207 4 General Information Email: customerservices@poway.org Web site: http://www.poway.org Phone (858) 668-4401 Terms: Due Date: See Due Date 911712018 Amount 100.00 50.00 200.00 Payments S0.00 I Balance Due $350.00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE YOUR PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON ALL CHECKS AND CORRESPONDENCE. ~ 2 17 of 32 February 5, 2019, Item #_<..J_. ADMINISTRATIVE CITATION 636 CITY OF POWAY Citation No. /o:3l, DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Date: 10 I ~ 3 I Jj)/ 8 (858) 668-4600 An inspection of the premises located at 137 4 l, ,::(am e Rd. In the City of Poway (APN :317-0 '-I Z. -Q {pQQ ), revealed violation or violations of the Poway Municipal Code (PMC). Name of Responsible Person: __ _,R..,....ay'(c.:m~o.,,_od.., _ _._8"-'r .... t,.,.e,"--oJ.._ ______ _ Mall address: _______ ,_,/ 3,,__7-'--------'-'-f-'"'{_,"-----_,_H'i_,_a"'----'---'M-'-'e.--'R.li'rl...._ _____ _ [ l W: [ l [ l 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION $ 100.00 $ 200.00 $ 500.00 $1,000.00 $ _.00 Poway, CA: 9:J.olPL/ PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION(S) CONTINUE(S). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE INFORMA T/ON ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLA TION(S): / 0 /z_ 2 / 2.Q I f3 ~---,~-+, ~~~------ PMC SECTION: DESCRIPTION: CORRECTIVE ACTION REQUESTED: CORRECTIVE ACTION TO BE COMPLETED BY: / / / 1 I flO/ 8 PRINT NAME OF OFFICER L.U.6LU¼J.._ki.WJ.1.U&J~_kCw,n~J\r_ld_1~ut DATE 10/23/u;,e. . 7 February 5, 2019, Item #11...L ! 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 13746 Frame Road Poway, CA 92064 Citation #627 Date issued: 09/17/2018 Payment due by: 09/27/2018 Description Fine Due: S 100; add 50% penalty if paid after 9/27/2018 Citation #632 Date issued: 10/03/2018 Fine Due: $200; add 50% penalty if paid after 10/18/2018 Citation #636 Date issued: 10/23/2018 Payment due by: 1117/2018 Fine Due: $ 500; add 50% penalty if paid after 11n1201B Your prompt payment is appreciated' City Hall Hours/ 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours INVOICE Date Invoice No. 9/17/2018 180782 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 9207 4 General Information Email: customerservices@poway.org Web site: http://www.poway.org Phone (858) 668-4401 Terms: Due Date: See Due Date 9/17/2018 Amount 100.00 50.00 200.00 100.00 500.00 Payments Coding: 301030-73150 Reimbursable l~s_a_la_n_c_e_D_u_e ______ ~ PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE ;\'.QV~PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON A[L"~t:CKS AND CORRESPONDENCE. ~ •7 19 of 32 February 5, 2019, Item#~ 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 13746 Frame Road Poway, CA 92064 Property Owner and Mail Address: Raymond Breen 13746 Frame Road Poway, CA 92064 Property Information: 137 46 Frame Road Assessor's Parcel Number Case# 3170420600 Additional information is attached. Your prompt payment is appreciated! Description City Hall Hours/ 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours Coding: 301030-73150 Reimbursable INVOICE Date Invoice No. 9/17/2018 180782 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 92074 General Information Email: customerservices@poway.org Web site: http://www.poway.org Phone (858) 668-4401 Terms: Due Date: See Due Date 9/17/2018 Amount Payments $0.00 I Balance Due $950,00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER Bill. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE ;i'.Q\!~ PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON AU_a\':i-fECKS AND CORRESPONDENCE. 3 2 20 of 32 February 5, 2019, Item#_-_ ADMINISTRATIVE CITATION 637 CITY OF POWAY Citation No. (j,37 DEPARTMENT: Development Services DIVISION: Code Compliance 13325 Civic Center Drive Poway, CA 92064 Citation Issuance Date: / / / 0 9 / 20 I 8 (858) 668-4600 An Inspection of the premises located at /37'-/ {, fcarnt:e Rd In the City of Poway (APN 317-6'{2-0IP(){) ), revealed violation or violations of the Poway Municipal Code (PMC). Name of Responsible Person: _ ___,R----'--"aL.y'l--'rn'---'-'--'o.,_.nc.d<-4-_,,B;:""'-', ....... (.,_Q,_ ______ _ Mall address: _______ ,.,...,,'3c.,2~tf~v_,H'-'-'ram~=e-~R ..... rl..__ _____ _ C l C l C l {1 1st CITATION 2ND CITATION 3RD CITATION 4TH CITATION CITATION Poo1a >', Cit-9.:J.Olt,'-I S 100.00 S 200.00 S 500.00 S 1,00D.00 S .00 PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS PAY WITHIN 15 DAYS YOU MAY BE CITED EACH DAY IF THE VIOLATION($) CONTINUE($). OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. IF CORRECTED WITHIN DEADLINE, CONTACT OFFICER FOR INSPECTION BEFORE DEADLINE (FINE MAY BE WAIVED). FAILURE TO PAY FINE BY DEADLINE MAY RESULT IN 50 PERCENT PENALTY IMPOSED IN ADDITION TO ORIGINAL FINE AMOUNT. REVIEW THE INFORMATION ON THE BACK SIDE OF THIS CITATION. DATE AND TIME OF VIOLATION(S):~/c..:/_,/c.....L9_,/c.....,o2..,.0u.l-"8'------- PMC SECTION: DESCRIPTION: CORRECTIVE ACTION REQUESTED: CORRECTIVE ACTION TO BE COMPLETED BY: // / 23/ I 2,0/{3 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 13746 Frame Road Poway, CA 92064 Description Citation 0027 Date issued: 09/17/2018 Payment due by: 09/27/2018 Fine Due:$ 100; add 50% penalty if paid after 9/27/2018 Citation 0032 Date issued: 10/03/2018 Fine Due: $200; add 50% penalty if paid after 10/18/2018 Citation 0036 Date issued: 10/23/2018 Payment due by: 1117/2018 Fine Due: S 500; add 50% penalty if paid after 11/7/2018 Citation 0037 Date issued: 11/9/2018 Payment due by: 11/26/2018 Fine Due: $ 1000; add 50% penalty if paid after 11/26/2018 Your prompt payment is appreciated! City Hall Hours i 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours Coding: 301030-73150 Reimbursable INVOICE Date Invoice No. 9/17/2018 180782 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 92074 General Information Email: customerservices@poway.org Web site: http://www.poway.org Phone (858) 668-4401 Terms: Due Date: See Due Date 9/17/2018 Amount 100.00 50.00 200.00 100.00 500.00 250.00 1,000.00 Payments I Balance Due PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE ~Q\.J'{_PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON At:t."'6-it:CKS AND CORRESPONDENCE. ~ '> 22 of 32 February 5, 2019, Item#~ 13325 Civic Center Drive Poway, CA 92064 Bill To Raymond Breen 137 46 Frame Road Poway, CA 92064 Property Owner and Mail Address: Raymond Breen 137 46 Frame Road Poway, CA 92064 Property Information: 13746 Frame Road Assessor's Parcel Number Case# 3170420600 Additional information is attached. Your prompt payment is appreciated I Description City Hall Hours/ 7:30 AM -5:30 PM. Closed Every Other Friday For Details Visit: www.poway.org/hours Coding: 301030-73150 Reimbursable INVOICE Date Invoice No. 9/17/2018 180782 Please make your check payable to the City of Poway Mail Payment To City of Poway Attn: Customer Services P.O. Box 789 Poway, CA 9207 4 General Information Email: customerservices@poway.org Web site: http://www.poway.org Phone (858) 668-4401 Terms: Due Date: See Due Date 9/17/2018 Amount Payments $0.00 I Balance Due $2,200.00 PLEASE REMIT PAYMENT TO THE P.O. BOX NUMBER LISTED ABOVE. IF YOU ARE A RESIDENT OR BUSINESS IN POWAY, PLEASE AVOID USING THE P.O. BOX NUMBER LISTED ON YOUR CITY OF POWAY WATER BILL. REMITTANCE SENT TO THIS ADDRESS MAY CAUSE ;fQ\Jfl PAYMENT TO BE MISAPPLIED. PLEASE REFERENCE YOUR INVOICE NUMBER ON Al~~CKS AND CORRESPONDENCE. ~ '1 23 of 32 February 5, 2019, Item#~ _, +,• ), \. ., ·.i . , I' • ,, , ' ,o :.~ ' .. ll ·t . ,· ,, I, ,. RUTAN RUTAN & TUCKER, LLP VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Raymond Breen 13 746 Frame Road Poway, CA 92064 December 17, 2018 Re: Notice of Violation: 13746 Frame Road To whom it may concern: Noam Duzman Direct Dial: (714) 641-3478 E•mo.il: nduzmQJl@rutan.com This office serves as City Attorney for the City of Poway. The City's records show that you are the owner, occupant, and/or have a legal interest in the property located at 13746 Frame Road in the City of Poway ("Property"). We have been informed that the Property is in violation of the Poway Municipal Code ("PtvlC"). Accordingly, this letter will serve as notice and provide you a final opportunity to remedy the below-referenced violations . The City has made an internal effo1t to obtain voluntary compliance from you by both writing you several letters (two notices of violation and a notice and order to abate) and issuing you four administrative citations demanding that you bring the Property into compliance with applicable codes. While you have had more than a reasonable an1ount of time to bring the Property into compliance, you have failed to do so. You have also failed to pay any of the citations, which now total $2,200. At this point, the City has turned the case over to our office, acting in the capacity of City Attorney for the City of Poway, to handle this matter. The following violations exist on the Property: I. Poway Municipal Code § 8.80.030: No person shall accumulate junk or permit junk to be accumulated on a lot used for residential purposes or on a lot adjacent to a lot used for residential purposes. For purposes of this section, please note that the term "junk" includes, but is not limited to, any combustible or noncombustible nonputrescible waste, including, but not limited to, trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when used for mulch or like agricultural purposes; household refuse other than garbage; lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like materials from the demolition, alteration or construction of buildings or structures; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective machinery, 611 Anton Blvd .. Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714.641.5100 I Fax 714.546.9035 '"'"'""'.oo" Orange c21411b'f !3;taI0 Alto I www.rutan.com ATTACHMENT D February 5, 2019, ltem1l/P I93 -I •I V 1711 ' ,3.2' RUTAN AUT ... t-1 1, TUCll[A. I.LP Raymond Breen December 17, 20 I 8 Page 2 whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable. No later than 7 dal'S from the date o(lhis feller, 1'011 must co11/ac/ me al the below number lo discuss bringing the Propertv into compliance with this regulation and. 110 later tha11 20 dal'S _from the date o(lhis feller, you must fully address this violation by re111ovi11g any i1111k 011 the side and front yard ofthe Property. 2. Poway Municipal Code§ 17.42.060: No motorized or nonmotorizcd vehicle shall be parked, stored or kept in the front yard as shown below except on land adjacent to the driveway or in the driveway. In all cases the surface shall be Portland concrete cement. No later than 7 days from the date o(/his feller. 1'01111111st coll/act me at the below 1111111ber to discuss bringing the Property into complia11ce with this regulatio11 a11d, 110 later than 20 days from the date o(this feller, vou must (11//v address this violation bv removing all vehicles, boats and trailers stored on the Property that are 110/ located 011 the driveway or adiace11/ a11d lo tire left o[the drivew11p 011 a paved concrete surface. We are providing you notice that "in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amo11ization paid or incurred in the taxable year" for any property that is deemed a public nuisance. (Cal. Health & Saf. Code§ I 7980(d).) Moreover, as required by law, we are hereby providing you notice that it is unlawful for a lessor to retaliate against a lessee pursuant to Section I 942.5 of the Civil Code for reporting n violation. As provided by PMC section 1.08.010(8), each violation of the aforementioned code constitutes a misdemeanor punishable by a $1,000 fine and/or six months in the County jail or both the fine and imprisonment. Thal same section provides that each day the violation continues constitutes a new and separate offense for which the full misdemeanor penalty may be imposed. Furthermore, pursuant to P MC section 1.08.0 I 0(D), the City is authorized lo initiate a civil action against you to address these issues. Finally, under PMC Chapter 8.72, the City is authorized to abate the nuisance on its own. If you fail to bring the Property into compliance by the times prescribed, you will leave the City with no choice but to consider the aforementioned legal options, including the City taking the necessary steps to utilize its own or hired forces to abate the violations, and/or initiating a civil (e.g., seeking injunctive relief or the appointment of a receiver) or criminal action to address these violations. The City is placing you on notice that if you fail to bring the Property into compliance in a timely manner and the City is required to take any action lo gain compliance, the City will be 25231012782-0028 13175193.1 a12/17/18 25 of 32 February 5, 2019, Item# 3. L RUTAN IIUTAN I. TUCK[I'. 1.1.P Raymond Breen December 17, 2018 Page 3 seeking reimbursement from you for all such City costs, fees (including attorneys' fees) and expenses incurred therewith. We arc hereby providing you notice to appear before the Poway City Council at its meeting to be held on February 5, 2019 at 7:00 p.m. to show cause, if any, why the Property should not be declared a public nuisance and the nuisance be abated by City forces and/or hired forces, or through a City-initiated legal action. Further, pursuant to section 22661 of the California Vehicle Code, PMC Chapter 10.52, and PMC Chapter 16.68, this letter provides you with a 10-day notice from the date of this letter of the City's intention to abate and remove each of chc following vehicle(s) stored on the Property in violation of the PMC: (1) vehicle that appears lo be a Hyundai, with license plate number 4KTG966; (2) a white GMC truck; and (3) a Suzuki motorcycle, with license plate 15\15281. Within the 10 day period, if you both contact the City to arrange an inspection and actually have the City come out to the Property and, at that inspection, you can successfully demonstrate to the City that one or more of these vehicles is not in violation of the referenced codes, then the City will not proceed to remove such vehicle(s). Furthermore, you are hereby placed on notice that you have the right to appear at the City Council's February 5, 2019 public hearing regarding the same, or you may submit a sworn written statement denying responsibility for the presence of these vehicles on the Property, with the reasons for such denial, in lieu of personally appearing. If you intend to challenge the City's determination that the vehicles are being stored in violation of the PMC, you must within I 0-days from the date of this letter submit to me by email or mail notice that you intend to appear at the February 5 hearing or your sworn statement. Your failure to do so in a timely manner will make the vehicles subject to removal by the City. 2S23/0l 27B2-002B 1317Sl93.I all/17118 26 of 32 February 5, 2019, Item# J.2. "' .... 0 -"" "' ----- .. },,_ <'- 30 of 32 February 5, 2019, Item# 3.2 \ February 5, 2019, Item # '3 2 ---1 d •;;. 32 of 32 201 '9 , Item# 3 2 , . DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services/J!A Austin Silva, Senior Planner ,i:; · (858) 668-4658 / asilva@poway.org APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED 0 CONTINUED _____ _ RESOLUTION NO. Conditional Use Permit 18-017: A Proposal to Operate an Athletic Gym Providing Instruction in Gymnastics, Tumbling and Competition Cheer at 12115 Paine Street Conditional Use Permit (CUP) 18-017 is a proposal to operate an athletic gym providing instruction in gymnastics, tumbling and competition cheer in an existing 15, 129 square-foot building at 12115 Paine Street. The project complies with all City development standards. Recommended Action: It is recommended that the City Council approve CUP 18-017, subject to the conditions of approval in the Resolution included as Attachment A. Discussion: SoCal TTC, Inc. (SoCal TTC) is the applicant for the CUP on the subject property located at 12115 Paine Street on the northeast corner of Paine Street and Kirkham Road. The subject property is located within the South.Poway Specific Plan (SPSP) and has a land use designation of Light Industrial (LI). An existing 15,129 square-foot two-story industrial building is located on the property and was previously occupied by the property owner Hitec RCD, Inc., a business that imported and distributed mechanical parts. The proposed indoor recreational use can be allowed in the LI land use designation area with approval of a CUP by the City Council. The site land use and location map is included as Attachment B. SoCal TTC provides instruction in gymnastics, tumbling, and competition cheer, and is currently operating under a CUP that was approved for a similar use in 2001 in a 13,300 square foot space at 13007 Kirkham Way. SoCal TTC proposes to relocate to 12115 Paine Street and occupy the entire building at the proposed location which will include instructional areas with trampolines, tumble tracks, a competition cheer floor and other tumbling instructional aides such as mats, wedges and tumble rollers. There are no changes proposed to the interior of the building and the existing offices and break room will be utilized as they previously were. The mezzanine will be used as a viewing area for parents. Changes to the site include striping for an additional six parking spaces on the north end of the parking lot that was previously used as a loading area (Attachment C). The hours of operation for SoCal TTC are 3:30 PM to 9:30 PM Monday through Friday, and 9:00 AM to 4:00 PM on Saturday and Sunday. The class sizes and number of open practice attendees 1 of 12 February 5, 2019, Item #3.3 CUP 18-017 February 5, 2019 Page 2 l vary depending on the time and range from four (4) to fifty (50) students. The proposed use of the , facility is further detailed in Attachment D, which was provided by the applicant. Typically, the majority of the parents drop off the students and do not utilize parking stalls on-site allowing for ample parking to be available. There will be five full-time employees (30 -40 hours a week) and nine part-time employees (less than 10 hours a week). Neither the SPSP nor the Poway Municipal Code (PMC) have parking requirements for a recreational use such as an athletic gym. However, the PMC has a provision that allows the City Council to approve a specific number of parking spaces for a use that is not specifically identified in the PMC provided that it is demonstrated that the number of parking spaces will be sufficient. Although, SoCal TTC does not expect to need more than 26 parking spaces, which is the amount allocated to them at their current location on Kirkham Way, they are proposing to stripe an additional six parking spaces on the north end of the parking lot that would increase the total number of parking spaces onsite to 32. Most of the students at SoCal TTC are dropped off as indicated in Attachment D. There have been no parking issues at their current location and staff feels that 32 parking spaces will be adequate to seive the proposed athletic gym. Environmental Review: The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building, and the operation of a recreation facility which is allowed as a conditional use by the underlying LI land use designation. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants located within 500 feet of the project site. Attachments: A. Resolution B. Land Use and Location Map C. Site Plan D. SoCal TTC Class Schedule Reviewed/Approved By: Wendy Kaserman Assistant City Manager 2 of 12 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~rltiJll{c Tina M. White City Manager February 5, 2019, Item #3.3 RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 18-017 APN: 317-271-46 & 317-271-67 WHEREAS, CUP 18-017 submitted by Stephen Rosko of SoCal TTC, Inc., applicant, requests a Conditional Use Permit (CUP) to operate a gymnastics school within an existing building located at 12115 Paine Street within the South Poway Specific Plan with a Light Industrial (LI) land use designation; WHEREAS, on February 5, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application; and WHEREAS, the City Council has read and considered the agenda report for the proposed revisions to the project and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City Council finds that Conditional Use Permit 18-017 is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 of the CEQA Guidelines, in that the project involves minor alterations to an existing building, and the operation of a recreation facility which is allowed as a conditional use by the underlying LI land use designation. Section 2: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC) (Findings required for a conditional use permit), for CUP 18-017 are made as follows: A The location, size, design and operati.ng characteristics of the proposed use are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permits Regulations), the General Plan, and the development policies and standards of the City in that indoor recreational uses within a building of over 5,000 square feet are permitted as a conditional use within the LI zone. The proposed project meets all City development standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, people, buildings, structures, or natural resources in that the proposed gymnastics school will be located within an existing industrial building with all business operations occurring inside the building. Additionally, a majority of the business operating hours are offset from the typical operating hours of businesses in the South Poway Business Park. Sufficient parking will be provided on-site to accommodate the use. C. The proposed use is in harmony with the scale, bulk, coverage, and density of, and is consistent with adjacent use in that the proposed gymnastics school will be operating within an existing building with no proposed changes to the building and the only proposed change to the site is the striping of additional parking spaces at the north end of the existing parking lot. 3 of 12 ATTACHMENT A February 5, 2019, Item# 3. 3 Resolution No. P-19- Page 2 D. There are adequate public' facilities, services and utilities available at the subject site to serve the proposed use. E. There will not be a harmful effect upon desirable neighborhood characteristics in that there will be no visible changes to the developed site and existing industrial building. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan in that a majority of the operating hours for the proposed gymnastics school are offset from the typical operating hours of businesses in the South Poway Business Park. G. The site is suitable for the type and intensity of use or development that is proposed in that 32 parking spaces can be accommodated, which will provide adequate parking for a gymnastics school where most students are dropped off. H. There will not be significant harmful effects upon environmental quality and natural resources in that the site is fully developed and contains no natural habitat. I. There are no relevant negative impacts of the proposed use that cannot be mitigated. J. That the impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan. K. That the proposed conditional use will comply with each of the applicable provisions of Title 17. Section 3: The City Council hereby approves CUP 18-017, as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP request shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. 4 of 12 February 5, 2019, Item# 3. 3 Resolution No. P-19- Page 3 C. Within 30 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 18-017 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. F. CUP 18-017 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. (Engineering) 1. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous materials, paint, wash water, or materials, which result from the construction activities, into the storm drains. H. Proposed signage shall be in accordance with the PMC Sign Ordinance (Chapter 17.40). The necessary permits and approvals shall be obtained for any signage proposed prior to installation. I. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: 1. This project shall comply with all exiting requirements based on the Building Department's determination of Occupancy Classification(s). 2. The building shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be six inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services and meeting the Sheriff's Department Aerial Support to Regional Enforcement Agencies (ASTREA) criteria. 3. The building's fire sprinkler system shall meet Poway Municipal Code requirements. 5 of 12 The entire system is to be monitored by a central monitoring company and backflow valve assemblies with tamper switches shall be monitored. Relocation of six or more sprinkler heads shall require a separate plan submittal and approval by the fire department. A water analysis will not be required. The applicant is encouraged to evaluate the underground components of the fire February 5, 2019, Item #3.3 Resolution No. P-19- Page 4 sprinkler system. The City of Poway requires that anytime an underground water supply system for an existing fire protection system fails, including maintenance, testing, and seismic failures, the fire protection system shall be retrofitted with backflow protection devices. 4. The building's automatic fire alarm system shall meet Poway Municipal Code requirements. System shall be completely monitored by a U.L. listed central station alarm company or proprietary remote station. 5. Minimum 2A: 1 0BC fire extinguisher required for every 3,000 square feet and 75' travel distance. J. Upon establishment of the proposed use, pursuant to CUP 18-017, the following shall apply: 1. The parking areas, driveways and landscape areas shall be well maintained in a healthy and thriving condition free from weeds, trash and debris. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. 2. Trash receptacles shall be enclosed by a six-foot-high masonry wall with view- obstructing gates. Locations shall be subject to approval by the Planning Division. 3. All parking lot landscaping shall include a minimum of one 15-gallon-size tree for every three spaces. For parking lot islands, a minimum 12-inch-wide walk adjacent to parking stalls shall be provided and separated from vehicular areas by a six-inch-high, six- inch-wide Portland concrete cement curb. 4. All parking spaces shall be double striped. The minimum dimensions for standard parking stalls shall be 8.5' x 18.5'. The parking lot design shall comply with the Americans with Disabilities Act for accessible spaces with one van accessible space. 5. All parking stalls shall observe a minimum 25-foot setback from the right-of-way. Parking stalls that are parallel to the street shall observe a minimum 40-foot setback from the right-of-way. 6. All two-way traffic aisles shall be a minimum of 25-feet wide. A minimum 25-foot-wide emergency vehicle access shall be provided in accordance with Safety Services Department requirements. 7. Parking lot lighting and security lighting shall comply with Chapter 17.10.150(H) of the PMC. 8. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view, and sound buffered from adjacent properties and streets as required by the Planning Division. 6 of 12 February 5, 2019, Item# 3.3 Resolution No. P-19- Page 5 9. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit. 10. The use of the facility shall be limited to activities described in the application. 11. The activities of the facility shall not occur in such a manner as to create adverse impacts on the circulation and parking on surrounding streets. 12. The facility shall be operated in such a manner as to minimize any possible disruption caused by noise and shall comply with noise standards contained in Chapter 8.08 of the PMC. At no time, shall noise from any source exceed the noise standards defined in the PMC. 13. No outdoor storage, display or activities shall occur onsite except through approval of the appropriate permits. 14. Classes shall consist of 50 students or less at any given time. (Engineering) 15. No person shall dispose of, nor permit the disposal, directly or indirectly of hazardous materials, paint, wash water, or materials, which result from the construction activities, into the storm drains. Section 4: The approval of CUP 18-017 shall expire on February 5, 2021, at 5:00 p.m. unless, prior to that time, use and occupancy on the property in reliance on the CUP approval has commenced prior to its expiration. Section 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, CMC, Interim City Clerk 7 of 12 February 5, 2019, Item #J..3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. P-19- Page 6 I, A Kay Vinson, CMG, City Clerk of the City of Poway, California, do hereby certify under penalty of pe~ury that the foregoing Resolution No. P-19-was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 8 of 12 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item #li.J ' I I --- LI-S LI OS N $ 0 87.5 175 --350 Feel -I.I-- 9 of 12 ! i I J I ·-WAY. P-Y-------J~'------1 Subject Location: 12115 J"e Street • ~~~ MRE ~~$>- /~ CITY OF POWAY Land Use / Location Map Item: CUP 18-017 ATTACHMENT B February 5, 2019, Item# 3. 3 ~ '1il!fil 0 ii I. s.rn: Pl LN= 1.1.:1Sl1t ,.1.lll!Cl U'6"L 0 -~ ,_, Nn!.O(H..TTr.,IM!;.. 11'0'-.MITkl-lllll:.q!MI;..·· S ll(Dft; IMD[ T'[I IVILD!HI.. -.JH1.ario..:.u.Cr••~n loO(llj-™ Sltli Of' _, oo= l. TOTlll. I ·~ ...... """" ,~ TWI; "'1:SSS SlllllT m,i flRClPg(1'y LDII ....c:,, -. ,YTOUD~l. <t'ITl+/111..LllllnHI;;• NTWl;IUU,Du,o;DU'r'5 I. "'11..Dtltli ,t(DIE55 WW. DI-""""°1G ..-u Ol'f 11001' Do /J, ~ 5.lt.TI~~ rD na; ;' DllllaOROf s,,ru,, =sNm ~s i,.~TRU, s1-=-. f. TWli a/Jl.DM'S rm CPIUNr.Ull S'fSTUII !.IWJ. MltT · ~., -ld#,L cooc ~ nc DfTtJtli rinTtM IS TO U MONIT0RED l'I' A 4KTVL; . MOMtTOltll'tli ~ N«, ~ YA!.VS ~<n'"'""T""""""'$WITO&SPW.l.lli . 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TTC 1EJoUr --· -■,. ,.,... ,r.cz»i-# ...,._ -· I 1., ..... tr ..... r. TVT.-DLN --.c -· .&CA ,-...1111<1 ~='it.;:t.:.~..:,...-· 11• •ID'• <U •l .. tlat• •Ill, .... -'UO~-"-'C• _,, =--~,:=:-·. ~.=,; ~-.~ ;---•. "'...;, -.Ai,.. l!On' : = ~• .'d:-~..... 1 ru..utc.~ :,4,IIOll.,.:i,,4-.,._..i.;.. ~~--•n,a•~-• ..... ~.ell; = ,_._ -,0 --.---~ ........ ■e· ~·-- SITE PLAN ,',: N. tr @ -~·-~ """ l .@ -- ~ 11/11/!0II .-... --· - T1 EXHIBIT B Several types of classes are conducted hourly throughout the week: Monday -Thursday: 3:45-4:45pm: usually 2-4 Recreational/Preschool/Tumbling classes take place with an average of 4-8 students in each class. On average about 25% of parents stay to watch classes. 4:45-5:45pm: usually 2-4 Recreational/Preschool/Tumbling classes take place with an average of 4-8 students in each class. On average about 25% of parents stay to watch classes. 5:45-7:15pm: 30-40 competitive team members practice. Less than 10% of parents stay to watch. 7:15-8:45pm: 30-40 competitive team members practice. Less than 10% of parents stay to watch. 8:45-9:45pm: 5-8 Adult class members practice. Friday: 3:45-4:45pm: usually 2 Recreational/Tumbling classes take place with an average of 4-8 students in each class. On average about 25% of parents stay to watch classes. 4:30-5:30pm: usually 2-4 Recreational/Tumbling classes take place with an average of 4-8 s_tudents in each class. On average about 25% of parents stay to watch classes. 5:30-7:JOpm: 25-50 Open Gym members attend to practice. On average less than 25% of parents stay to watch. Saturday: 8:30am-10:30am: Competitive team: 10-15 athletes with less than 10% of parents stay to watch. 9-10am: 3 Recreational/Preschool/Tumbling classes take place with an average of 4-8 students in each class. On average about 25% of parents stay to watch. 10-11 am: 3 Recreational/Preschool/Tumbling classes take place with an average of 4-8 students in each class. On average about 25% of parents stay to watch. 10:30-12pm: Competitive team: 15-20 athletes with less than 10% of parents stay to watch. 12-2pm: 25-50 Open Gym members attend to practice. On average less than 25% of parents stay to watch. 2: 30-4: 30pm Birthday Party. Usually 8-15 participants with average of 50% of parents staying to watch. 4:30-6:30pm Birthday Party. Usually 8-15 participants with average of 50% of parents staying to watch. 11 of 12 ATTACHMENT D ,ECEIVEO mtro 3 wm February 5, 29'1,9_,1llllffi # 3.3 :::.~i:tH SERVICES C.V? ri =-ta>m4' Sunday: 8-10am: 15-20 Competitive team members practice. Less than 5% of parents stay to watch. 10-12pm: 15-20 Competitive team members practice. Less than 5% of parents stay to watch. 12-2pm: 15-20 Competitive team membe_rs practice. Less than 5% of parents stay to watch. 2:30-4:J0pm: Birthday Party. Usually 8-15 participants with average of 50% of parents staying to watch. 4:30-6:J0pm: Birthday Party. Usually 8-15 participants with average of 50% of parents staying to watch. February 5, 2019, Item# 3.3 12 of 12 City of Poway COUNCIL AGENDA REPORT APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES/ DENIED REMOVED D D CONTINUED _____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: February 5, 2019 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services Austin Silva, Senior Planner·f asilva@poway.org RESOLUTION NO. Pre-Development Conference (PDC) 18-002, A request for review of a proposal to construct a wireless communication facility on City- owned property located at 13875 Kirkham Way T-Mobile/Phoenix Tower International (Proponents) is proposing to construct either an 89.8-foot high faux Eucalyptus tree, an 84.8-foot high steel monopole or an 84.8-foot high, three-legged, lattice tower along with at-grade radio equipment within two decorative block enclosures. The proposed wireless communication facility (wireless facility) would be located at 13875 Kirkham Way within the South Poway Planned Community zone on land designated Light Industrial/Outdoor Storage (LI/S). The review of PDC 18-002 is advisory only. The City Council will not render any decision. If the Proponents wish to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Proponents may rely. Recommended Action: It is recommended that the City Council provide input and direction regarding the request. Discussion: The subject property is owned by the City and is currently developed and used as a storage lot for new vehicle inventory by dealers located in the City. The City leases the storage lot to the Poway Auto Dealers Association. The lease contemplates the potential for telecommunications equipment in this area, and it would not interfere with the auto dealers' use of the leased premises. The property is located in the Planned Community (PC) 7 Zoning District with a Light Industrial/Storage Land Use Designation in the South Poway Specific Plan (Specific Plan) area (Attachment A). Surrounding land uses include a General Atomics industrial building to the north, ABC SD Chapter Apprenticeship Training center to the west, a modular building storage lot to the east and vacant sloping land designated as Open Space to the south. Also, notable, there is an approximately 60-foot-high transmission pole approximately 730 feet to the west of the subject property with transmission lines that span southwards across Beeler Canyon and northwards across the business park. The Proponents identified the City-owned auto dealer storage facility as a candidate for meeting the technical objectives for a wireless facility. While other properties in the area may have also I of 17 February 5, 2019, Item# Lt• j PDC 18-002 February 5, 2019 Page 2 been identified as candidates, most of the businesses located on those properties do not lease space to telecommunication companies for wireless facilities. The Proponents have stated that the height of the wireless facility will need to be sufficient to clear the General Atomics building to the north for line-of-sight to the proposed coverage area. The Proponents propose to construct either an 89.8-foot high faux Eucalyptus tree (Attachment 8), an 84.8-foot high steel monopole (Attachment C) or an 84.8-foot high three-legged lattice tower (Attachment D) along with at-grade radio equipment within two decorative block enclosures. The structure could accommodate up to three wireless carriers (colocation). Elevations of the monopole and faux tree are provided as Attachment E. T-Mobile is seeking to improve its wireless network capabilities in the subject area. Specifically, T-Mobile seeks to improve in-building coverage to both retail and industrial uses in the area as well as to relieve traffic from its surrounding cell sites by providing additional capacity at the proposed location. The proposed antenna and equipment enclosures would be located approximately 90 feet from the front property line behind a semi-circular driveway in an existing landscape planter (Attachment F). The maximum structure height permitted in the South Poway Planned Community is 35 feet, except that industrial buildings up to 45 feet in height within ty.,o stories may be allowed when it can be demonstrated that the additional height is necessary for the use anticipated for reasons such as automated warehouse, inventory retrieval or bridge cranes. No structure shall exceed 35-feet in height when located adjacent to downhill slopes along the perimeter of the business park which restricts the height of the proposed wireless facility. City-wide, amateur radio antennas, not wireless facilities, are permitted to be up to 65 feet in height and may be allowed above 65 feet with the approval of an antenna permit by the City Council. In order to allow a wireless facility as high as proposed, a Specific Plan Amendment approval would be needed to amend Table 1 -Industrial Park and Light Industrial Use Matrix {Attachment G) by revising the description of Monopoles to state that they could be allowed up to a specified height as a conditional use. The proposed wireless facilities are not consistent with the City's 2004 Wireless Communication Facility Policy (Policy) (Attachment H) guidelines because they exceed the permissible height for structures in the area. Section D of the Policy contains Design Guidelines for the development and installation of new wireless facilities. The following guidelines are applicable to the proposed wireless facility: 1. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the facilities. The facilities shall be architecturally integrated with existing structures and/or screened from view. 2. The use of false trees is discouraged. 3. The facilities shall be the smallest, least visually intrusive antennas, components and other necessary equipment. 6. Antennas shall be painted to match the color of the surface to which they are attached. 7. The height limit of the antenna and supporting structure shall not exceed the maximum allowed height for building and structures of the underlying zone. When attached to a structure or building, the combined height of the support structure and the antenna shall not exceed the maximum allowed height for building and structures of the underlying zone. It should be noted that the 2004 policy has not been reviewed by this City Council and could be perceived as being out of date, considering how much the telecommunications industry has changed in 15 years. All three options exceed the allowable height in the Policy. While the Policy 2 of 17 February 5, 2019, Item #-1: \ PDC 18-002 February 5, 2019 Page 3 discourages faux trees, the City has permitted faux trees for wireless telecommunication purposes when they blend with other trees in the surrounding area. There are no mature trees surrounding the proposed wireless facility. The monopole and lattice tower are consistent in height, color and materials to the nearby transmission poles. The placement of the wireless facility is as far away from the canyon to the north as feasible for the subject property to preserve views from and surrounding the canyon. If the City Council is receptive to the concept of a wireless facility at this location, staff would recommend either the monopole or the lattice tower as the option most compatible with the surrounding area and facilities. A faux tree at this location would appear out of place. The project proponent requests that the City Council provide input related to the allowable height and type of the proposed monopole. The review of Pre-Development Conference (PDC) 18-002 is advisory only. The City Council will not render any decision. If the Proponents wish to proceed with an application, it is with the understanding that the City Council has made no representation upon which the Proponents may rely. The Agreement of Understanding is included as Attachment I. Further, the Proponents understand that a lease agreement with the City would also be required. Environmental Review: Because no action can be taken, this item is not a "Project" pursuant to the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review. Fiscal Impact: None. Public Notification: A copy of this report was sent to the Proponents. Attachments: A. Land Use and Location Map B. Faux Eucalyptus Tree Photo-simulation C. Monopole Photo-simulation D. Three-Legged Lattice Tower Photo-simulation E. Conceptual Elevations (excludes lattice tower proposal) F. Conceptual Site Plan G. South Poway Specific Plan -Table 1 (Industrial Park and Light Industrial Use Matrix) H. Wireless Communication Facility Policy I. Agreement of Understanding Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of 17 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~rn~ Tina M. White City Manager February 5, 2019, Item# .l.f.) SPC LI MRE N $ 0 145 290 580 ~1-!:l!ibll!'"'l!!ii--~-~~I .=eet 4 of 17 □ SPC LI IP I I I Subject Location: 13875 Kirkham Way r--Ll----1 OS CITY OF POWAY Land Use/ Location Map Item: PDC 18-002 LI-S ATTACHMENT A February 5, 2019, Item# 4-. f )> ~ )> () :::c ~ m z --4 CD "T1 (\) a--, C Q) '< 511 N 0 ..... CD ,-+ (\) 3 :it 17'=- CEIVED Sai>2 8 2018 ~ R )18 PropoHd monoeucalypb,9------------~ Proposed equipment enclosure Kirkham T-Moblle 5D0795'4 13875 Kirkham Way Poway, CA 92064 San Diego County aJj PHOENIX ~!9.Y.Y~~ )> ::1 )> (") :I: ~ m z -t (") ECEIVED ;;:p 2 8 20t8 PrOpoNd monopol•--- Proposed equlpmwtt enclosure [ i)(_tt~ 17 ulations are lntanded for graphical purpoA:1 only Incl not !nt~ ol or to rei,tece !tie lnformMlon provided on the conltruc:!ICM'I dra.-!ngs 118 Kirkham T-Mobile S007954 13875 Kirkham Way Poway, CA 92064 San Diego County aJ.I PHOENlX :3I~Y.Y~~ o n of proposed telecommunications site ,, Cb r:r ., C: Q) '< <.n N 0 ..... 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T0- 11:jllAl"l ~ l'O- REC~IVISD PLANcoiia --- === ------· 3 SEP 2 8 2018 'ltL----------------------------------------'---'---''-----'="---------''-------" 1:-F- A-1 CITY OF POWAY "'c_OPIAENT SERVICES TABLE 1 -INDUSTRIAL PARK AND LIGHT INDUSTRIAL USE MATRIX USE IP LI or LI/S 10. Wireless communications facility: a. Monopole. C C b. Roof mounted, greater than six feet in height or no C C screening provided. C. Far;:ade-mounted to an existing building or water p p reservoir or roof-mounted less than six feet in height and screened from view. Subject to the approval of a Minor Development Review Permit pursuant to Chapter 17.52 of the Poway Municipal Code. G. RECREATIONAL USES 1. Athletic and health club. X C 2. Indoor recreational uses within a building of 5,000 square feet M M or less, (except athletic and health clubs) such as batting cages, archery ranges and marksman ranges. 3. Indoor recreational uses within a building of over 5,000 square C C feet (except athletic and health clubs). 4. Sports facilities and parks. C C 5. Golf practice facility/micro golf course. X C 6. Outdoor amphitheater. X X H. RESIDENTIAL AND INSTITUTIONAL USES 1. Churches. X X 2. Clubs and lodges. X X 3. Convalescent care facilities. X X 4. Hospitals. X X 5. Hotels or motels and similar uses offering lodging to guests. X X South Poway Specific Plan -Volume 2, Development Standards Page 37 February 5, 2019, Item# 4, / 11 of 17 ATTACHMENT G Policy & Procedure City Wireless Communications Policy Development Services Se !ember 21,,2004 5 ls/James L. Bowersox I. PURPOSE The purpose of this policy is to provide a unifonn and comprehensive set of guidelines for the development and installation of wireless communication and related facilities in accordance with the City of Poway land use regulations. These guidelines are intended to set forth clear and reasonable criteria to assess and process an application in a consistent and expeditious manner, while protecting the community's visual quality. This policy identifies preferred design standards and locations for such facilities in order to minimize visual impacts to the surrounding community and preserving land uses within the City. At the same time these guidelines allow for the orderly and efficient development of wireless networks consistent with the rules and regulations promulgated by the Federal Communications Commission (FCC) pursuant to the Telecommunication Act of 1996 (TCA). 2. APPLICATION This policy contains development guidelines that the City applies to all applications for Wireless Communications Facilities within the City of Poway, including new proposals and amendments to existing Wireless Communication Facilities in all zones, overlays, specific plan areas, and City-owned properties, including public rights-of-way. These guidelines ensure minimal land use impacts on the surrounding community by encouraging preferred locations, providing design guidelines, and monitoring health and safety issues within the limits of the TCA. 3. POLICY A. General 12 of 17 The City is the regulatory agency responsible for issuing permits for the development of Wireless Communications Facilities in the City of Poway. For projects on private property, the City acts only in its regulatory role; for City- owned property, the City has dual roles as property owner and government regulator. The City's Development Services Department is responsible for design review, regulatory compliance, zoning administration, and permit processing of applications for Wireless Communications Facilities. In addition, for Wireless Facilities proposed on City-owned properties, the Administrative Services Department is responsible for the negotiation and administration of leases. ATTACHMENT H February 5, 2019, Item#~ I Wireless Communication Facilities Policy September 2004 Page 2 of 5 B. Permits Required Depending on the zoning of the property and the type of facility proposed, Title 17 of the Poway Municipal Code requires the approval of either a Conditional Use ·Permit or Minor Development Review Permit. In addition, a Building Permit is required. C. Facility Location I. The preferred location for Wireless Communications Facilities shall be on structures such as buildings, streetlights · and public water tanks. Collocation of facilities for different caniers is encouraged. 2. Location on properties with residential uses is discouraged. 3. If not located in a preferred area or with a preferred design, a site justification letter shall be submitted to justify the need or requirement for the proposed antenna location and design. The letter shall include other sites that were analyzed but not selected with an explanation as to why the analyzed sites did not meet the objectives (include engineering, coverage and location justification) and why the collocation of the facility with others in the area cannot be accomplished. D. Design Guidelines 13 of 17 I. 2. 3. 4. 5. 6. The applicant shall use all reasonable means to conceal or minimize the visual impacts of the facilities. The facilities shall be architecturally integrated with existing structures and/or screened from view. The use of false trees is discouraged. The facilities shall be the smallest, least visually intrusive antennas, components and other necessary equipment. Vertical elements, designed as flagpoles or light standards, shall replicate the design, diameter and proportion of the vertical element they are intended to imitate. All equipment associated with a wireless facility located within the public right of way shall be undergrounded, except for small service connection boxes, unless the Director of Development Services determines that no other feasible alternative for the wireless facility design or location exists and that the equipment is properly screened from view. Antennas shall be painted to match the color of the surface to which they are attached. February 5, 2019, Item #~j Wireless Communication Facilities Policy September 2004 Page 3 of 5 7. The height limit of the antenna and supporting structure shall not exceed the maximum allowed height for building and structures of the underlying zone. When attached to a structure or building, the combined height of the support structure and the antenna shall not exceed the maximum allowed height for building and structures of the underlying zone. Antennas mounted on the top of a structure or building shall b"e architecturally integrated or screened from view such that no more than 2 feet of the antenna is visible above the screen. Antennas architecturally integrated into structures or buildings that exceed 35 feet in height, are allowed provided the height of the existing structure or building is not increased. Antennas attached to a street light pole shall not exceed the height of other street lights within the area. 8. Antennas mounted on sports field lights, security light poles, parking lot light poles or streetlights shall be mounted below the light source. All antennas on flagpoles shall be concealed within the pole. E. Pre-development Conferences and Neighborhood Meetings 1. Any request for a "fabricated" telecommunication facility such as a separate tower, fake water tanks, fake trees, light poles etc. must be scheduled for a pre-development conference with the City Council prior to the submittal of an application to the City. 2. Any request proposed within or in close proximity to a residential neighborhood shall conduct a Neighborhood Meeting as early in the process as feasible. F. Standard Conditions for facilities on City-owned property 14 of 17 In addition to project-specific conditions, the following standard conditions shall be applied to any facility on City owned property in order to ensure that the City obtains the proper leasing documents prior to installation: l. Prior to issuance of a building permit, the applicant shall: a. b. C. Obtain a right-of-way permit and provide a $5,000 security to the satisfaction of the City Engineer. Submit a request for and attend a pre-construction meeting with a City Engineering inspector. The applicant/developer shall be responsible to ensure that all necessary individuals such as, but not limited to, contractors, subcontractors, project civil engineer and project soils engineer, attend the pre-construction meeting. The building permit plans shall include a utility plan that shows the equipment layout. February 5, 2019, Item# 4.1 Wireless Communication Facilities Policy September 2004 Page 4 of 5 d. Submit all required leasing documentation, including but not limited to insurance certificates and the annual rent check, to the satisfaction of the Department of Community Services and City Clerk and obtain their authorization for issuance of a building permit. e. The applicant shall enter into a Master Communications Site License Agreement, prepared and agreed to, by the City Attorney and City Council. 2. Prior to energizing the switch gate, the applicant shall receive final approvals from the Administrative Services Department, Public Works Department, Fire Department and Development Services Department (Planning, Engineering and Building Divisions). G. Standard Conditions for Facilities on Private Property and City-Owned Property In addition to project-specific conditions, the following standard conditions shall be applied 15 of 17 l. The approval may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address concerns that may have been raised during the pnor year. 2. 3. 4. Prior to building permit the operator shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas that the levels produced are projected to be highest. Upon issuance of the Building Permit and installation of the facility, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. The facility shall not commence normal operations until it complies with or has been modified to comply with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. The antennas shall not be activated for use until a final inspection 1s conducted by the City. The Building Permit plans shall include a utility plan that shows the equipment layout. February 5, 2019, Item# 4-, I Wireless Communiq1tion Facilities Policy September 2004 · Page 5 of 5 5. All facilities and related equipment shall be maintained in good repair. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. 6. The facility shall be operated in such a manner as to m1mm1ze any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed the noise standards· contained in the Poway Municipal Code. 7. The owner or operator of the facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in the permit. 8. The. wireless telecommunications facility shall not be operated in such a marmer that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power densities for transmitters, or any more restrictive standard subsequently adopted or promulgated by the City, County, State of California, or the Federal government. If there is any change in the manner in which the facility is operated or change in the MPE, the applicant shall submit calculations specifying the FCC's Maximum Possible Exposure (MPE) levels in inhabited areas within 500 feet of the facility in the areas that the levels produced are projected to be highest. The applicant shall hire a qualified electrical.engineer licensed by the State of California to measure exposure levels at the location after the facility is in operation. A report of these measurements, and the engineer's findings with respect to compliance with MPE limits, shall be submitted to the Director of Development Services. to the Director of Development Services for review and approval. The Director may also require an updated report as part of any review of this Conditional Use Permit. 9. The owner of the wireless telecommunications facility shall remove all of the communication equipment, and associated structures, approved pursuant to this permit within 60 days of ceasing operation of the telecommunications facility. m:lplanninglmemo04\wireless policy.doc 16 of 17 February 5, 2019, Item# !.\-. \ . ) I ' ,,ECEIVIEID SEP 2 8 2018 AGREEMENT OF UNDERSTANDING C1h OF POWAY ,~•,\ENT SERVICES City Council for the City of Poway, hereinafter referred to as "City" and .... /J_/ 4,/J.;;.;. '""&=-"m-'-,1-/.....:....:/ /1,c...::'t,::....·:..._ _______ _,, hereinafter referred to as "Proponenr enter into this Agreement of Understanding based upon the following facts: Proponent owns or has an equitable interest in land described by tax Assessor's Parcel Number(s) JZJ -S-0/ -OZ . Proponent desires to develop this property in accordance with the will of the City and without the expense of a protracted development. City is concerned that Proponent will create development plans unsatisfactory to City and consume time and effort of City employees needlessly on unsatisfactory development plans unless City assists in directing Proponent. Based upon the above- mentioned facts, City will grant Proponent a hearing prior to filing any application for , development upon the following unders_tanding: a. City will render no decision with regards to any development proposal or part thereof. b. City will receive no evidence, specific in nature, in support of a particular development plan. c. City will make no representations that will obligate the City to render a decision in favor of or against any development proposal or part thereof Proponent may subsequently submit. d. If any development proposal is subsequently submitted, Proponent will proceed at its sole and exclusive risk with the understanding that City has made no representations upon which Proponent may rely. Dated: ~'J,?.7, IJ,olj 17 of 17 Proponent: ik,,,«td, 1i~A+:§ · · Signature I /)tVYd/ W. {)JW;her{y , Pre;,~a.:/;i · / ATTACHMENT I February 5,,2019, Item #_T- DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 Honorable Mayor and Members of the City Council Donna Goldsmith, Finance Director ~ 858-668-4411 or dgoldsmith@poway.org Amendment to the City's Financial Policy APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED _____ _ RESOLUTION NO. The City Council adopted a formal Financial Policy in 2006. The Policy serves as a guiding document that addresses budget development, financial reporting, minimum fund balance and reserves, revenue and expenditure management, enterprise funds, internal service funds, debt management, and human resources management. Over time, the Policy has been amended, most recently in 2014. Staff recently completed a review of the Policy and is recommending revisions to reflect current practices and to make the policy consistent with the City Council adopted General Fund Reserve Policy. Recommended Action: It is recommended that the City Council adopt the attached Resolution Amending the Financial Policy. Discussion: The City Council and staff have historically approached our budget process utilizing fiscal practices that can be, and have been, described as conservative. For almost forty years, Poway's leaders have had the foresight, discipline and ability to manage our City's finances responsibly. On April 11, 2006, the City Council received a presentation highlighting potential financial policy areas to be considered for inclusion in a formal financial policy. At that time, Council directed staff to meet with the Budget Review Committee (BRC) to establish a suggested formal written policy and return to Council with such a policy for consideration and adoption. Staff, working with the BRC, developed a financial policy that was adopted by the City Council on June 20, 2006. Between 2006 and 2014, minor changes to the Financial Policy have been approved by the City Council. Following a recent review of the Policy, Staff is proposing several updates. Since the City has returned to a single year budget, staff recommends the Council eliminate the reference to the City's two-year budget cycle under the Budget Development section. The description of the Minimum Fund Balance and Reserve section is updated to align with the language in the General Fund Reserve Policy. The Minimum Fund Balance and Reserve section is also revised to state that it is a goal, not mandatory, to maintain a minimum working capital balance of 20% of operating expenditures in the Water and Sewer Enterprise Funds. The policy is also amended to clarify a portion of the annual revenue received in lieu of the former Property Tax Increment 1 of 13 February 5, 2019 Item # i, 2 Amendment of the City's Financial Policy February 5, 2019 Page 2 (Redevelopment Property Tax Trust Fund Distributions) will be set aside for capital programming, facilities and infrastructure revitalization. Additionally, reference to the Administrative Services Department is removed and updated to reference the Finance Department. Environmental Review: This item is not subject to CEQA Review. Fiscal Impact: None. Public Notification: A copy of this policy will be posted on the City's website. Attachments: A. Resolution to Amend the Financial Policy B. Redline showing amendments to Financial Policy Reviewed/Approved By: Wendy aserman Assistant City Manager 2 of 13 Reviewed By: Alan Fenstermacher City Attorney Approved By: Jrnt0Yn {i)k Tina M. White City Manager February 5, 2019 Item #.!±.:.2, RESOLUTION NO. 19-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AMENDING AND ADOPTING THE FINANCIAL POLICY WHEREAS, the City of Poway and its representatives strive to serve as models of fiscally responsible professionals, and the City Council desires to sustain a sound economic agency with proven revenue and expenditure guidelines; WHEREAS, a Financial Policy encourages high standards of fiscal management by public officials, increases, public confidence in the institutions that serve the public, and assists public officials with decision-making; WHEREAS, the City of Poway Financial Policy builds upon the City's commitment to financial excellence, full disclosure, and responsible fiscal management; WHEREAS, the City of Poway Financial Policy emphasizes values and principles which are complementary to generally accepted accounting principles, but extend beyond minimum legal requirements; WHEREAS, on June 20, 2006, the City of Poway Financial Policy was formally adopted; WHEREAS, on June 16, 2009, and June 17, 2014, the City of Poway Financial Policy was amended; and WHEREAS, it is again desirable to revise the City of Poway Financial Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway, as follows: 1. Resolution No. 09-037 is rescinded. 2. The Financial Policy adopted on June 17, 2014, is superseded by the revised policy attached as Exhibit "A." 3. The Financial Policy, attached as Exhibit "A" is adopted. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk 3 of 13 Attachment A February 5, 2019 Item # 4 · 2 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. 19- Page 2 I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-••• was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 4 of 13 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019 Item # 4-, 2 City of Poway FINANCIAL POLICY PREAMBLE Resolut ion No. 19- Page 3 The Poway City Council and staff have historically approached our budget process utilizing fiscal practices that can be , and have been , described as conservative . For nearly forty years , Poway's leaders have had the foresight , discipline and ability to manage our City's finances responsibly . Reserves have been established and policies developed to overcome economic uncertainty. The purpose of this Financial Policy is to codify our past practices that have served us well , and to establish a system under which we regularly review our fiscal policies and practices and update them as needed . The Policy will be reviewed and evaluated annually. Accordingly, the Poway City Council has adopted this Financial Policy to: 1 . Serve as a guid ing pri nciple for this and future Councils; 2 . Set forth guidelines against which current budgetary performance can be measured ; and 3 . Provide values to assist with evaluation of future programs . By adopting this Financial Policy, we confirm the City of Poway's commi tmen t to financial excellence , full disclosure , and responsible financial management. BALANCED BUDGET • The City will maintain a balanced operating budget. Operating revenues will fully cover operating expenditures , includ ing debt service , each fiscal year. • Postponing needed expenditures, accruing future revenues , or rolling over short-term debt in order to balance the budget will be li mited to addressing identified , non -recurring impacts and when outside of the City's control. 5 of 13 Exhibit A to Attachment A February 5 , 2019 Item# 4,2 Resolution No. 19- Page 4 • City will track revenue and expenditures on an on-going basis and attempt to anticipate future trends beyond the current budget cycle in order to maintain a bala need budget. • Ending fund balance must meet minimum policy levels. BUDGET DEVELOPMENT • Budget development will take place in an open and publicly accessible forum. • Public involvement is encouraged. • A citizen's budget review committee will solicit citizen input and serve in an advisory capacity in reviewing operating budget recommendations. • The City will use a one-year financial plan as well as a long-term fiscal forecast model to promote orderly spending patterns and engage in long-range planning. • Council will formally review the City's fiscal condition at the midpoint of each fiscal year. FINANCIAL REPORTING • The City will contract for an annual audit by a qualified independent certified public accountant and will strive for an unqualified auditor's opinion. • The City will use generally accepted accounting principles in preparing its annual financial statements. • The City will strive to meet the requirements of the GFOA awards program for financial reporting. MINIMUM FUND BALANCE AND RESERVES (ALSO SEE GENERAL FUND RESERVE POLICY) • The City will maintain a General Fund reserve equivalent to 45% of budgeted annual General Fund operating expenditures. • The City's goal is to maintain a minimum working capital balance of 20% of operating expenditures in the Water and Sewer Enterprise Funds. 6 of 13 February 5, 2019 Item # 4, 2 REVENUE MANAGEMENT Resolution No. 19- Page 5 • We will seek to maintain a diversified and stable revenue base to protect the City from short-term fluctuations in any one source of revenue. • The City will maintain revenue projections extending several years into the future. • One-time and non-sustainable revenues will be excluded as a source to fund ongoing programs, debt service or other long-term obligations. • With the dissolution of redevelopment, the City will endeavor to set-aside a portion of its annual operating revenue received in lieu of former Property Tax Increment (i.e., Redevelopment Property Tax Trust Fund Distributions) for capital programming as well as facilities and infrastructure revitalization. • Fees will be reviewed and updated annually in a master fee schedule. • The City will make conscious decisions about cost recovery and/or general tax subsidy of those services that benefit only portions of the tax-paying public. • A comprehensive analysis of City costs and fees should be made every 5 to 10 years. FISCAL CONSTRAINTS AND EXPENDITURE MANAGEMENT • The City will utilize a competitive procurement process as set forth in a purchasing policy. • Budgeted expenditures shall reflect the Council's goals. • The City will continue to search for viable opportunities to prioritize or outsource services, where appropriate. • The City will track expenditures to evaluate trends and identify potential problems. • Acquisition of real property or facilities shall be tied to a specific objective, with adequate funds identified and taking into account long-term fiscal and policy impacts. • Agenda staff reports having a fiscal impact require review by the Finance Department. 7 of 13 February 5, 2019 Item # L..}, 2. ENTERPRISE FUNDS Resolution No. 19- Page 6 • Fees and rates will fully cover direct and indirect costs, including operations, capital outlay, long-term maintenance and debt service. • Enterprise funds will not be subsidized by the General Fund. • Costs of general government services will be allocated to the enterprise funds based on approved methodology. INTERNAL SERVICE FUNDS • The cost of replacing existing equipment will be fully amortized and funded. • Rates shall be established to recover the replacement cost of each piece of equipment at the end of its useful life. • Facilities will be amortized to cover ongoing maintenance and cyclical repairs and, to the extent possible, the replacement or expansion of major structures. • With the dissolution of redevelopment, the City may use funds set-aside for capital programming as well as facilities and infrastructure revitalization (i.e., Redevelopment Property Tax Trust Fund Distributions) to supplement internal service funds designated for the replacement or expansion of major structures. DEBT MANAGEMENT (SEE DEBT POLICY) • Debt financing is not appropriate for any recurring purpose, such as operating and maintenance expenditures. • The City will evaluate pay-as-you-go versus long-term financing in funding capital improvements. • The City will strive to maintain a high reliance on pay-as-you-go financing. • The City will use financing mechanisms that appropriately spread the cost of facilities and services to current and future benefiting residents. HUMAN RESOURCE MANAGEMENT • The City will strive to provide competitive compensation and benefits to its employees. • The City will encourage employees to further develop their skills and abilities. 8 of 13 February 5, 2019 Item #__:i2. Resolution No. 19- Page 7 • The City will staff for the "valleys," not the "peaks." Temporary and/or contract staffing may be used to meet peak workload requirements. • Part-time employee hours will generally not exceed 1,000 hours annually. • New technologies and related capital investments will be evaluated to improve workforce productivity. • Contracting with the private sector for the delivery of services will be considered where cost-effective and when established service levels can be met or enhanced. We will hold ourselves, as individuals and the City of Poway organization as a whole, accountable for being consistent with this Financial Policy. Adopted: Juno 20, 2006 Amended: Juno 16, 2009; Juno 17. 2014 M:\Finance\Financial Policies\yyyy\Financial Policy.docx 9 of 13 February 5, 2019 Item # 4-2 City of Poway FINANCIAL POLICY PREAMBLE The Poway City Council and staff have historically approached our budget process utilizing fiscal practices that can be , and have been , described as conservative . For more than Wftynearly forty years , Poway 's leaders have had the foresight, discipline and ability to manage our City's finances responsibly . Reserves have been established and policies developed to overcome economic uncertainty. The purpose of this Financial Policy is to codify our past practices that have served us well , and to establish a system under which we regularly review our fiscal policies and practices , and update them as needed . The Policy will be reviewed and evaluated annually . Accordingly , the Poway City Council has adopted this Financial Policy to : 1. Serve as a guiding principle for this and future Councils ; 2 . Set forth guidelines against which current budgetary performance can be measured ; and 3 . Provide values to assist with evaluation of future programs . By adopting this Financial Policy, we confirm the City of Poway's commitment to financial excellence , full disclosure , and responsible financial management. BALANCED BUDGET • The City will maintain a balanced operating budget. Operating revenues will fully cover operating expenditures, including debt service , each fiscal year. • Postponing needed expenditures , accruing future revenues , or rolling over short-term debt in order to balance the budget will be limited to addressing identified , non-recurring impacts and when outside of the City's control. • City will track revenue and expenditures on an on-going basis , and attempt to anticipate future trends beyond the current budget cycle in order to maintain a balanced budget. • Ending fund balance must meet minimum policy levels . 10 of 13 Attachm en t B F ebruary 5, 20 1 9 Item # 4.2 BUDGET DEVELOPMENT • Budget development will take place in an open and publicly accessible forum . • Public involvement is encouraged . • A citizen 's budget review committee will solicit citizen input and serve in an advisory capacity in reviewing operating budget recommendations . • The City will use either a one-year 8f t\¥0 year financial plan as well as a long-term fiscal forecast model to promote orderly spending patterns , and engage in long-range - planning ., and redt:1c0 the time and resot:1rces spent preparing annt:1al budgets. • Council will formally review the City's fiscal condition at the midpoint of each fiscal year. and at the start of year two of a t\¥0 yea r Program. FINANCIAL REPORTING • The City will contract for an annual audit by a qualified independent certified public accountant and will strive for an unqualified auditor's opinion . • The City will use generally accepted accounting principles in preparing its annual financial statements . • The City will strive to meet the requirements of the GFOA awards program for financial reporting . MINIMUM FUND BALANCE AND RESERVES (ALSO SEE GENERAL FUND RESERVE POLICY) • The City will maintain a General Fund reserve equivalent to 45% of budgeted annual General Fund minimum unreserved , t:1ndesignated fund balance of at least 25% of operating expenditures in the General Ft:1nd . • The City's goal is to w+U-maintain a minimum working capital balance of 20% of operating expenditures in the Water and Sewer Enterprise Funds . REVENUE MANAGEMENT • We will seek to maintain a diversified and stable revenue base to protect the City from short-term fluctuations in any one source of revenue . • The City will maintain revenue projections extending several years into the future . • One-time and non-sustainable revenues will be excluded as a source to fund ongoing programs, debt service or other long-term obligations . 1 1 of 13 Februa ry 5, 2019 Item # lt,2 • With the dissolution of redevelopment, the City will endeavor to set-aside a portion of its annual operating revenue received in lieu of former Property Tax Increment (i.e ., Redevelopment Property Tax Trust Fund Distributions) for cap ital programming as well as facilities and infrastructure revitalization . • Fees will be reviewed and upd ated annualty in a master fee schedule . • The City will make conscious decisions about cost recovery and /or general tax subsidy of those services that benefit only portions of the tax-paying public. • A comprehensive analysis of City costs and fees should be made every 5 to 10 years . FISCAL CONSTRAINTS AND EXPENDITURE MANAGEMENT • The City will utilize a competitive procurement process as set forth in a purchasing policy. • Budgeted expenditures shall reflect the Counci l's goals . • The City will continue to search for viable opportunities to prioritize or outsource services , where appropriate. • The City will track expenditures to evaluate trends and identify potential prob lems. • Acquisition of real property or facilities shall be tied to a specific objective , with adequate funds identified and taking into account long-term fiscal and policy impacts . • Agenda staff reports having a fiscal impact require review by-the Finance Depa rtmentAdmin istrative Services . ENTERPRISE FUNDS • Fees and rates will fully cover direct and ind irect costs , i ncluding operations , capital outlay , long-term maintenance and debt service . • Enterprise funds will not be subs idized by the General Fund . • Costs of general government services wi ll be allocated to the enterprise funds based on approved methodology. INTERNAL SERVICE FUNDS • The cost of replacing existi ng equ ipment will be fully amortized and funded . • Rates shall be established to recover the replacement cost of each piece of equipment at the end of its useful life . 12 of 13 Febru ary 5, 2019 Item # 4.2 • Facilities will be amortized to cover ongoing ma intenance and cyclical repairs and , to the extent possible , the rep lacement or expansion of major structures . • With the dissolution of redevelopment , the City may use funds set-aside for capita l programming as well as facilities and infrastructure revitalizat ion (i .e ., Redevelopment Property Tax Trust Fund Distributions) to supplement internal service funds designated for the replacement or expansion of major structures. DEBT MANAGEMENT (SEE DEBT POLICY) • Debt financing is not appropriate for any recurring purpose , such as operating and maintenance expenditures . • The City will evaluate pay-as-you-go versus long-term financing in funding capital improvements. • The City will strive to maintain a high reliance on pay-as-you-go financing . • The City will use financing mechanisms that appropriately spread the cost of facil ities and services to current and future benefiting residents . HUMAN RESOURCE MANAGEMENT • The City will strive to provide competitive compensation and benefits to its employees. • The City will encourage employees to further develop their skills and abilities . • The City will staff for the "valleys ," not the "peaks .n Temporary and/or contract staffing may be used to meet peak workload requirements . • Part-time employee hours will generally not exceed 1 ,000 hours annually. • New technologies and related capital investments will be evaluated to improve workforce productivity. • Contracting with the private sector for the delivery of services will be considered where cost-effective and when established service levels can be met or enhanced. We will hold ourselves , as individuals and the City of Poway organization as a whole , accountable for being consistent with this Financial Policy. 13 o f 1 3 Februa ry 5, 20 1 9 It em # l.{-. 2- City of Poway COUNCIL AGENDA REPORT APPROVED 0 APPROVED AS AMENDED 0 /SEE MINUTES) DENIED REMOVED □ □ CONTINUED _____ _ DATE: TO: FROM: CONTACT: SUBJECT: Summary: February 5, 2019 Honorable Mayor and Members of the City Coun~ JA Robert Manis, Director of Development Servicesrvv• Robert Manis, Director of Development Services 858-668-4601 or bmanis@poway.org Resolution No. Development Review 18-011: a request to modify the expiration date of the previously approved Development Review for the Villa de Vida Affordable Housing Development. On February 21, 2017, the City Council approved Development Review (DR) 16-018 for Villa de Vida, a 54-unit affordable housing development for individuals with developmental disabilities at 12341 Oak Knoll Road. The project site is owned by the Poway Housing Authority and it was purchased for the purpose of affordable housing. The project also involves a Disposition, Development, and Loan Agreement (DDLA) between the Poway Housing Authority and Villa de Vida Poway LP, which was approved by the Poway Housing Authority on October 4, 2016. DR 16-018 expires on February 21, 2019. A revision to the DR is requested to allow the developer two additional years to comply with the requirements of the DDLA and to obtain grading and. building permits for the project. Recommended Action: It is recommended that the City Council approve DR 18-011, subject to the conditions in the Resolution (Attachment A). Discussion: The project proponent is Villa de Vida Poway LP, who would operate the facility, and Mercy Housing, who is a non-profit housing developer. The owner of the site is the Poway Housing Authority. The site is approximately 2 net acres in size and is located at the southwest corner of Pomerado Road and Oak Knoll Road. The site is zoned Community Business (CB) and is within the Affordable Housing Overlay Zone. When the Overlay Zone is being used, Residential Apartment (RA) zone development standards are used. A location map is included as Attachment B. The site was acquired by the Poway Housing Authority in 2011. It was purchased with Poway Redevelopment Agency housing funds, and accordingly, the site must be used for affordable housing purposes. In April 2012, the City Council placed the Affordable Housing Overlay Zone on the site knowing that it would be developed with affordable housing. The site was identified for affordable housing in the update to the Housing Element of the Poway General Plan approved by City Council at a public hearing in 2013. 1 of 22 February 5, 2019, Item# 'T-3 Villa de Vida Poway February 5, 2019 Page 2 Currently the site is occupied by a property management business and is also being used for temporary storage of vehicle inventory for Perry Ford. Both businesses were given 90-day termination notices in November 2018. The property will be vacated by February 14, 2019. The concept site plan is included as Attachment C, which indicates 54 units would be established within a two-story building. There would be 51 one-bedroom units (including one for the on-site manager) and 3 two-bedroom units. All units will have full kitchens, however, there will also be a staffed kitchen and community dining area for meals. Attachment D includes the first and second story floor plans. The building is oriented around an interior courtyard which opens up to an area on the south side of the site which overlooks Poway Creek. Thirty-two on-site parking spaces are proposed to accommodate employees and visitors. Project occupants generally do not drive. In addition to a living environment, the facility will provide a variety of services necessary for developmentally disabled individuals. The exterior building elevations are included as Attachment E. No changes to the project design are proposed with the proposed DR modification. Pursuant to the Poway Municipal Code (PMC), the approval of DR 16-018 was valid for two years and is set to expire on February 21, 2019. A modification to the DR is being proposed that will change the expiration date so that the DR will be valid for two additional years. No other changes to the DR are proposed and all conditions of DR16-018 will continue to be applicable .. Resolution Number P-17-02, approving DR 16-018, is included as Attachment F. The DDLA contains the project financing pro forma and all of the requirements for the conveyance of the property from the Poway Housing Authority to Villa de Vida Poway LP. Financing of the project includes the use of tax credits. The DDLA originally provided two opportunities to apply for the credits from the Tax Credit Allocation Committee (TCAC). Since the Villa de Vida project was not awarded the tax credits with the first two applications, the City Council amended the DDLA to allow for two additional applications to TCAC. With the third application to TCAC, the project was awarded the tax credits. There are a number of steps needed and approvals to be obtained to finalize the tax credit allocation process. The proposed modification to the DR will give them additional time to complete everything to move forward with the project construction. Currently, the grading and improvement plans are being reviewed by the City and building plans are expected to be submitted shortly. In order to finalize the tax credit allocation, Villa de Vida Poway LP must close escrow on the property by the end of March and submit a number of items to TCAC in early April 2019. Construction is expected to begin shortly after that and must be completed by December 2020 to comply with TCAC requirements. Environmental Review: As required under the California Environmental Quality Act (CEQA), the project and the DDLA between the Poway Housing Authority and Villa de Vida Poway LP was determined to be Categorically Exempt from the CEQA, as a Class 32 exemption, by the City Council and the Poway Housing Authority on October 4, 2016 and a Notice of Exemption has been filed. Fiscal Impact: There is no fiscal impact associated with this action. Fiscal impacts associated with the DDLA were addressed in the agenda report for that item when it was acted upon by the City Council and Housing Authority on October 4, 2016. The Authority will be contributing $750,000 to help fund 2 of 22 February 5, 2019, Item # 4. 3 Villa de Vida Poway February 5, 2019 Page 3 the construction of the project, as well as contributing the land. Public Notification: A notice was mailed to property owners located adjacent to the project site. Attachments: A. Resolution for DR 18-011 B. Location/Zoning Map C. Site Plan D. Floor Plans E. Building Elevations F. Resolution P-17-02, approving DR 16-018 Reviewed/Approved By: Wendy Kaserman Assistant City Manager 3 of 22 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~,wk Tina M. White City Manager February 5, 2019, Item # Lr, 3 RESOLUTION NO. P-19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 18-011 APN: 317-152-14 WHEREAS, on February 21, 2017 the City Council approved Development Review (DR) 16-018 for Villa de Vida Poway; a proposed affordable housing project for individuals with developmental disabilities consisting of 54 units, a parking area, and other site improvements located on an approximate two-acre site located at the southwest corner of Oak Knoll Road and Pomerado Road, in the Affordable Housing Overlay zone; WHEREAS, on October 4, 2016, the Poway Housing Authority held a duly advertised public hearing to receive testimony from the public, both for and against, relative to a Land Disposition, Development, and Loan Agreement (DDLA) between the Poway Housing Authority and Villa de Vida Poway LP and approved the DDLA; WHEREAS, Villa de Vida Poway is requesting approval of DR 18-011 for a revision to the previously approved DR described above to allow the applicant additional time to complete the requirements of the DDLA and complete the grading and building permit processes for the project; and WHEREAS, on February 5, 2019, the City Council held a duly advertised public hearing to solicit comments from the public, both for and against, relative to this application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) the project, and the DDLA between the Poway Housing Authority and Villa de Vida Poway LP, was determined to be Categorically Exempt from the CEQA, as a Class 32 exemption, by the Poway Housing Authority and a Notice of Exemption has been filed. Section 2: The findings for DR 18-011, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the site's Affordable Housing Overlay Zone. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design. Therefore, the proposed development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the new residences. 4 of 22 ATTACHMENT A February 5, 2019, Item #.!:L,;3 Resolution No. P-19- Page 2 D. The project has been designed to be consistent with nearby development in the surrounding area by utilizing a compatible architectural design. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, nor an architecturally-related impact upon adjoining properties, as the project has been designed to be consistent with the surrounding residential area by utilizing exterior building materials and architectural design compatible with nearby development. F. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, and the project conforms with the provisions of the site's Affordable Housing Overlay Zone. Section 3: herein. City Council Resolution P-17-02 remains in full force and effect except as modified Section 4: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. Section 5: The approval of DR 18-011 shall expire on February 21. 2020, at 5:00 p.m., unless prior to that time, a Building Permit has been issued and construction on the property has commenced prior to its expiration. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk ,/ 5 of 22 February 5, 2019, Item# 4.3 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. P-19- Page 3 I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 6 of 22 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item#~ N $ 0 125 250 7 of 22 co RR-A 1---~•Subject Location: ----~1 71-12341 Oak Knoll Road 500 Feet CITY OF POWAY Zoning / Location Map Item: Villa De Vida OS-RM ATTACHMENT B February 5, 2019, Item #_. 0) 0 -"' "' )> -I -I )> () :c ;!!: m z -I () ;:; (D 3 'It 1-ui FIRE Of.PAll:TMENT h'OU:S ~;..;..:.llJI-~ ::"-"":a"~ .. •.%,,.-=::.~.:::.:----"'-.... , .,....,....,,.._.._...,_,na =•-.,._.,.,._n_.,,.._ l ___ ..,,.,.-call_.,..,._ __ ,...,,,..., ... __ ... __ ... .__ M __ _,,,.,.ocaa-...._.b...,111 •-•""''""" ..,_ __ "",..,.w,.,_ ... _ ............................ ,.,., ..... ., ... __ ,j .. ,...,, .... --11-... ,,_.,,.. __ ... ,_ . --·--·· ............... . -• _,-ca11_,.. .... ____ ..... ... _ .... ,-,-r••-•--o -·- ' """'--...... ·-"'·-···"""-,,..._-oonr,,-•-,O .. -• .. ---OUI '-·-· .. --,--~.-...... ... _..,. . ....,. ......... _..,_, ....... --.., .. ___ cu 111 .................. -.. --.......... ., ·-···--,,-· "'-·---•.--· .... --l}Ua)C\'-.M1U ............. _, ...... ..,,. ... ,...a, ........ -..... ...,._ >Chn HI m• ...,..,,...,.,_,,..,.._., .. ..,_.,..,.o,.. • --.. -•..na,.,.,.c,_ ·-·---• ... -11_ ..... ,..,_ •• ,,,.., .. ,,,. ..... __ -0 ..,.,...,,,1..,.~..,.._--•o:~U ._...••--•..-c.-.,....,. •• ,.. .. .,._ .. ..._■n--oon----. "_.._..., ... _. .... .__ .. . _, ............... ..._.._ ...... .,._ .. ..... ·--···· ... -•--.i -Oit-.i--... ·-·--... -... ..._.. .............. ••--... --.111'"-"'U•T ... -·--· .. ---!!. =-=~-:: .. ~~'~ ... ~ .._ ................ .-.... -----:-...;....-:=..-::··-... -~ ..... .... ,..,___,. .. -.......... ,...a .. ....,_,....__,.. __ IIIIU ....... ...._ __ -11.• .. •,-nta,....C,,,,-, -...... ~ .. ...,.. -_,,, ....... ,c ... •.:l••b.OUII..Coo-l'-C .. •11. GENERAL NOTES __ ...... _ .. H_[_...,o,,n ............ _,u,,:......__.,.""'_ ~-~ ... ----·-_..,_,.. ......... _ .... •-:=~c:z~~;:,- -:: ::..::-· --6. =.'!' ... .., __ ..,.._ ................ __. ....... , ... -.. ... _ ... • ARCHITECTURAL S I T E PLAN 11.ESIDENTW. DEVELOPMENT PROPOW "''""" """'"''" Bl.I)(). HT: .... .. , .. _ ...... __ ,_ .. .- ::::.:. ~-==~.~.:. ... --..----1•"""'·" ...... ... ... 1, ............... -.. .., ... ·-........... ---. ..................... _ ... . c,,c ___ .,..,.,.,...,. .. ,, __ ~-. -· ..... •·· .. ...• ,,.,,,r, .. , _,_, ....... ,.._,,.,. ___ '"' LOTCCN.Af:O'tl.:., ---•-~• .. • LOIOCN.l'fl:MXtt. OWEWNO ...... Rl;Q. pARl(JHQ: .... , .. ,_, ... ....... , .. , ........ ·-·- " ' ~· • '·'° ..... :::;:.;.,.--- u ..... "" ... . .. ... REOO. PRIVATI! OPEN o,,a, ... , .. , ... , .... , .. , ... , ::: :·:: ::!: _ ... l\l)<IO-• PR1VATE OPE>4 '""''. 1 -• SPACE! PA0YIDCt): ,..., • • , ... , PROP. IITORAGE ,..., '· 1 -• PflOVID(D; .... ,, • , ... , .. ... ,., ... " 111Q.on -.m •-..,, -•-c.-,-. ----•'"-'"UnaQln t-QOIOl_"l"'.,., VILlA DE VIDA PO••l • C•lHOlllU ARCHITECTURAL SITE PLAN ~--. ' ··--· ~ -' 11 ,, ii .. ii ii 1. ii I' Ii " i: ii •j I! I, •· 1• 1: !I ,. :1 I' ., ii .. ii , . ·j ii ii II !I I' ,l ,l I; H ll :, • I' ,! .. I! B 1··~, ... Dq B" it' 1·· I I 1-I AS.1 1! I°"-I !f DESIGN SUBMITTAL PLANS 10-27-2018 no .r? 1st V-UuJCooN IM18 I1 I .® ' I - I .®- I - I .®- 1I I '®- 1I I - . I I' s` 1 I . I_ I LAI '! rfl I ! JII ' - L 4JQiY 2: 10i JS' ' Ba!' - ea Q I 0 11 I g 1 I I 1 I1 , 411 - r I. 11 11 I M MM NOME t ° < NUMMI A n. r. J := a UUP Si gin •—• MEI 3 '_ n n ' . lginalk qM n ' .... 0 0 -"' "' ;r C' 2 "' '< ·"' "' 0 .... -~ it 3 SECOND FLOOR BUILDING PLAN -· ., ..... 'lat 1 t~~====i114,===-=~=-=-=_=::;;:==;~~======,--------:-V::--:--I---:L---:-L----:-A-----=o=--=E=--------:v:-:--:1:-::o-A--:--------;=,=l!«l=.=o=o.=,c=u=EZ=A=S=SO=C=,A=T=ES=~,;lr=F'='p=_--2 I :=..::: mercy HOUSING ._ ~'..'::..'.'.'.:~.~ PIA~N••: <N; .t..VJl)A _ .. _._._...,,.._,.. ___ ., P O W A Y C A l I F O R N I A ~----------~ 0 -"' "' )> --i --i )> (") ::i: s: m z --i m ELEVATION 1 T'r'l'IC-'l 00-Ill:IOR filW,TION• ENTI.Y SIDE VN:IED ROOF UNfS A nNATOR IOWDI: [Nlll.Y DOOR A FlRDV,C[ Allo«D A ILW WINDOWS ~ "' 0 -"' "' ELEVATION 3 TYFKAl. PATIOS. aALCONIES I~ RODRIGUEZ ASSOCIATES !I llii ~~~1_1}?-~!~~NER~~: !! II ii !i !, ,. d •I --'-"'"' ., I, ' ii Ii I; ,. ,, 1: H ,. :I !: 1! .. 1· ,! ·1 '1 !, ii 'l I: .I I' ,I EXCROSl •COM ;I VILLA DE VIDA !: '"# '''" . '"i""~nt& !! .T!rt,y .. H~J~G __ ':;;~011 c. _ ,: CHARACTER SKITOi ,I ..... --... ... .. ,, ,. . . d ::.~"D•: ~e ji ,= , CS.3 1! 1s.-I ~I DESIGN SUBMITTAL PL.ANS 10-27-2018 RESOLUTION NO. P-17-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 16-018 ASSESSOR PARCEL NUMBER 317-152-14 WHEREAS, the City Council considered Development Review (DR) 16-018; a proposed affordable housing project for individuals with developmental disabilities consisting of 54 units, a parking area, and other site improvements located on an approximate two-acre site located at the southwest corner of Oak Knoll Road and Pomerado Road, in the Affordable Housing Overlay zone; · WHEREAS, on October 4, 2016, the Poway Housing Authority held a duly advertised public hearing to receive testimony from the public, both for and against, relative to a Land Disposition, Development, and Loan Agreement (DDLA) between the Poway Housing Authority and Villa De Vida Poway LP and approved the DDLA; and WHEREAS, on February 21, 2017, the City Council held a duly advertised public meeting to receive testimony from the public, both for and against, relative to the DR. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) the project, and the DDLA between the Poway Housing Authority and Villa De Vida Poway LP, was determined to be Categorically Exempt from the CEQA, as a Class 32 exemption, by the Poway Housing Authority and a Notice of Exemption has been filed. Section 2: The findings for DR 16-018, in accordance with the Poway Municipal Code (PMC) 17.52.010 Purpose of Development Review, are made as follows: A. The project has been designed to be architecturally compatible with surrounding development and conforms to the site's Affordable Housing Overlay Zone. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. B. The project has been designed to minimize impacts on surrounding development by utilizing a compatible architectural design. Therefore, the proposed development respects the public concerns for the aesthetics of development, anci encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the DR would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the new residences. 13 of 22 ATTACHMENT F February 5, 2019, Item #13 Resolution No. P-17-02 Page2 D. The project has been designed to be consistent with nearby development in the surrounding area by utilizing a compatible architectural design. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safely, nor an architecturally-related impact upon adjoining properties, as the project has been designed to be consistent with the surrounding residential area by utilizing exterior building materials and architectural design compatible with nearby development. F. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, and the project conforms with the • provisions of the site's Affordable Housing Overlay Zone. Section 3: The City Council hereby approves DR 16-018, as shown on the · approved plans on file with the City, subject to the following conditions: A. B. C. 14 of 22 The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs· related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful_ misconpuct of the City. This approval is based on the existing site conditions represented on the site plan. If actual conditions vary from representations, the site plan must be changed to reflect the actual conditions. Any substantial changes to the approved site plan must be approved by the Director of Developme_nt Services and may require approval of the City Council. The developer is required to comply with the Poway Noise Ordinance (Chapter 8.08 PMC) requirements that govern construction activity and noise levels. February 5, 2019, ltem·#i3 Resolution No. P-17-02 Page 3 D. Within 30 days of this approval, the applicant shall submit In writing that all conditions of approval have been read and understood. E. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. 2. The project requirements for fire protection call for the installation of one or more fire hydrants and expansion of the public water system necessary to support the installation of the hydrants. A water system analysis is required for final design of the proposed public water system expansion and shall be completed prior to the issuance of a grading permit. Applicant shall pay for the cost of preparing the analysis prior to submittal of improvement plans. 3. Submit a precise grading plan for the development prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100 percent complete at the time of submittal, ready · for approval and issuance of permit. Incomplete submittals will not be accepted. All materials as required by Chapter 16.48 of the PMC shall be submitted. All existing and proposed easements within the project site shall be shown on the grading plans. 4. . The grading plan shall incorporate a decomposed granite access path at the southeast corner of the parcel. The path shall provide access from Pomerado Road to Poway Creek but shall not encroach into the FEMA floodway. 5. · Water Quality Control -Drainage and Flood Damage Prevention A drainage study addressing the impacts of the 100-year storm event prepared by a registered Civil Engineer is to be submitted and approved. The study shall evaluate existing and proposed hydrologic and hydraulic conditions to the satisfaction of the City project engineer. 6. Water Quality Control -Design and Construction The project shall comply with the City and Regional Water Quality Control Board stormwater requirements. The project is considered a Priority Development Project and will be subject to all City and State requirements. A Storm Water Quality Management Plan (SWQMP) prepared by a registered Civil Engineer is to be submitted and approved. 15 of 22 February 5, 2019, Item #.:t:_3 Resolution No. P-17-02 · Page 4 a. Provide two copies of an Operation & Maintenance (O&M) plan in accordance with Chapter 16.104 of the PMC, and a signed PDF version. b. Property owner shall execute an approved Stonn Water Management Facilities Maintenance Agreement accepting responsibility for all structural BMP maintenance, repair and replacement as outlined in the Operations and Maintenance plan. The operation and maintenance requirements shall be binding on the land throughout the life of the project as outlined in Chapter 16.104 of the PMC. 7. Quality Control -Construction Storm Water Management Compliance The project proposes to disturb an area greater than one acre. Proof of coverage under the General Permit for Discharges of Stonn Water Associated with Construction Activity (Construction General Permit, 2009- 0009-DWQ, as amended by order 2010-0014) shall be provided to the City along with a copy of the Storm Water Pollution Prevention Plan (SWPPP). 8. Grading securities in the amount and form described in Chapter 16.46 of the PMC shall be posted with the City prior to grading plan approval. This will include a minimum cash security of $2,000 in all instances. 9. Any existing and proposed public easements shall be depicted on the grading plans. The proposed public easement dedications shall be submitted prior to grading permit issuance. Easements include, but are not limited to, the proposed water easement and the proposed drainage and utility access easement for Poway Creek maintenance. 10. Any private improvements within any publicly held easement or right-of-way may require an encroachment agreement as determined necessary by the City Engineer. All necessary encroachment agreements shall be approvec.; and executed prior to grading permit issuance. 11. Following approval of the grading plans, posting of securities and fees, and receipt of five copies of the approved plans, the applicant shall attend a pre- construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. 12. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As applicable, provide two· copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 16 of 22 February 5, 2019, Item # 1/, 3 Resolution No. P-17-02 Page 5 13. Improvement plans prepared on a City of Poway standard sheet at a scale of 1" = 20', unless otherwise approved by the City project engineer, in accordance with the submittal and content requirements listed in the PMC shall be approved. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The improvement design shall be 100 percent complete at the time of submittal and ready for approval. The plan shall include, at a minimum, the following features: a. A water main, including fire hydrants, to service the project. b. The abandonment of any existing utility stubs to the project site that are not utilized in this development. 14. A plat and legal description for a minimum 20' wide water easement shall be submitted to accommodate the public water main on the project site. All applicable fees shall be paid at the time of submittal. 15. A plat and legal description for a minimum 15' wide easement located at the southeast corner of the property, for drainage and utility purposes, shall be submitted to accommodate drainage access to Poway Creek from Pomerado Road. All applicable fees shall be paid at the time of submittal. 16. A stamped and signed letter from the project's engineer for the proposeo energy dissipaters in the regulated floodway, which states that the improvement will result in no rise to water in the floodway, shall be submitted. A Floodplain Development Permit, which is an administrative permit issued by the City, for the work in the floodway shall be approved and issued prior to grading permit issuance. All applicable fees shall be paid by the applicant with submittal of the Floodplain Development Permit. (Planning) 17. Landscape and irrigation plans shall be submitted prior to issuance of Grading Permit and approved prior to the issuance of the Building Permit The project site shall be landscaped and irrigated in compliance with the City of Poway Landscape and Irrigation Design Manual, Chapter 17.41 PMC, and/or any other applicable standards/policies in effect at the time of landscape and irrigation plan check submittal. The landscape and irrigation plan submittal is separate from other project plan check submittals, and is made directly to the Planning Division. F. Prior to Building Permit issuance, the applicant is required to comply with the following: 17 of 22 (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions February 5, 2019, Item #..!I._3 18 of 22 Resolution No. P-17-02 Page 6 contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. 4. Prior to start of any work within a City-held easement or right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. All appropriate fees shall be paid prior to permit issuance. 5. The applicant shall pay all applicable development impact fees in effect at time of permit issuance. The following is an estimate of the current applicable fees and amounts anticipated based upon 54 development units. Please note these fees are subject to change. a. Water' TBD b. Sewer" $315,144 c. Traffic $127,278 d. Parks $194,076 e. Fire Apparatus $5,192.10 f. Drainage (Poway Creek Basin) $3,240 • The fee amount per meter will be provided once meter sizes have been determined. There is also a required fee to the San Diego County Water Authority to be determined once meter sizes have been determined. "The fee amount for sewer has been calculated based upon development units. Once the total number of fixtures has been determined, the fee can be reassessed using fixture counts. Applicant shall pay the lesser of the two amounts. February 5, 2019, Item# if-: 3 Resolution No. P-17-02 Page 7 6. The Public Improvement plan shall be approved. The applicant shall enter into a Standard Agreement for public improvements for the work to be done as part of the Public Improvement plan. The applicant will be responsible for posting securities for public improvements in accordance with the PMC Code Chapter 16.20. (Planning) 7. Applicable school fees in effect at the time of Building Permit issuance shall be paid. 8. Exterior building materials and finishes shall be noted on the building plans and shall be consistent with the color and material board on file with the City. 9. Clearly show on the site plan on the building plans a trash enclosure of an adequate dimension·to accommodate both trash and recycled materials. G. Prior to issuance of a Certificate of Occupancy, the applicant is required to comply with the following: 19 of 22 (Engineering) 1. All requirements of the floodplain development permit shall be satisfied. 2. 3. 4. 5. 6. All existing and proposed utilities or extension of utilities required to serve the project shall be installed underground. No extension of overhead utilities shall be permitted. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed and completed by the applicant, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfactior, of the Engineering Inspector. · The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to public improvements caused by construction activity from this project. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.130 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities (i.e. at least three weeks prior to a request for occupancy). All other final reports and February 5,-2019, Item #!:t,:) Resolution No. P-17-02 Page 8 agreements, as outlined in Section 16.52.130 of the Grading Ordinance are to be approved. H. The following requirements shall be completed to the satisfaction of the Director of Safety Services: 20 of 22 1. The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. 'The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-44 70 to set up a meetinG to review project requirements prior to submitting building plans. 2. 3. 4. 5. 6. 7. Prior to delivery of combustible building material on site, the first lift of asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. Fire Department access for use of firefighting equipment shall be provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. Access to each phase of development shall be to the satisfaction of the City Engineer and City Fire Marshal. · Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. The buildings shall be accessible to Fire Department apparatus by way of access roadways with al_l-weather driving surface of not less than 20-feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. This 20-foot access width is the minimum required for Fire Department emergency access. In most cases, City Engineering standards will be more restricting. The more restrictive standard shall apply. The Fire Chief, pursuant to the City of PMC, shall approve the road surface type. Approved fire apparatus access roadways shall be provided for every facility, building or portion of a building. The fire apparatus access roadway shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Buildings required to install an approved fire sprinkler system shall meet PMC requirements. The building sprinkler system shall be designed to meet minimum design density at the roof per NFPA 13R requirements. Two separate plan submittals to the fire department will be required, one for the fire sprinkler design and the second for the fire service underground .. February 5, 2019, Item #!/-_:3 21 of 22 Resolution No. P-17-02 Page 9 8. A water systems analysis will be required to establish available fire flow. The water supply may require approved improvement to include the addition of water mains and fire hydrants. 9. A properly licensed contractor shall install an automatic fire alarm system to approved standards. System shall be completely monitored by a UL listed ·central station alarm company or proprietary remote station. 10. A metal sign with raised letters at least one inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers. standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 11. A 'Knox' Security Key Box shall be required for each building at a location determined by the City Fire Marshal. 12. Roof covering shall be fire retardant as per Section 15.04.050 of the PMC. and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 13. Buildings shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction o( approach. Each building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. 14. Smoke detectors shall be installed in all bedrooms and adjoining hallways. The smoke detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. 15. Carbon monoxide detectors shall be installed in hallways adjoining bedrooms, both in the proposed addition and existing residence. The carbon monoxide detectors shall be hard-wired, with a battery backup, and shall be wired in such a manner that if one detector activates, all detectors activate. Section 4: The approval of DR 16-018 shall expire on February 21, 2019, at 5:00 p.m., unless prior to that time a Building Permit has been issued anG construction has commenced on the property. Section 5: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. February 5, 2019, Item # 4 3 --··---------- Resolution No. P-17-02 Page 10 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 21st day of February 2017. ATTEST: STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) -----~==~-s;;:_;::---- Steve Vaus, Mayor I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. P-17-02 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of February 2017, and that it was so adopted by the following vote: AYES: CUNNINGHAM, GROSCH, MULLIN, LEONARD, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE City of Poway 22 of 22 February 5, 2019, Item# lf3 DATE: TO: FROM: CONTACT: SUBJECT: Summary: City of Poway COUNCIL AGENDA REPORT February 5, 2019 APPROVED □ APPROVED AS AMENDED □ (SEE MINUTES) DENIED □ REMOVED □ CONnNUED ____ _ RESOLUTION NO. Honorable Mayor and Members of the City Council Tina White, City Manager Jodene Dunphy, Human Resources & Risk Management Director ~ (858) 668-4440 or jdunphy@poway.org · D Adoption of a Resolution Authorizing the Hire of a CalPERS Retired Annuitant with an Exception to the 180-Day Wait Period in Compliance with Government Code Sections 7522.56 and 21224 There is an urgent and critical need in the Finance Department to fill the Finance Manager position on a temporary basis while the City recruits for a new Finance Manager. The City desires to hire the recently retired Finance Manager on a temporary basis until the position is filled through an extensive recruitment. Government Code Sections 7522.56 and 21224 allow for an agency to request a waiver to the 180-day waiting period before a retired annuitant may be re-employed by an agency that contracts with CalPERS for retirement benefits . Recommended Action: Adopt the attached resolution authorizing the hire of retiree Andrew White on a temporary basis, prior to the 180-day waiting period following his retirement date in compliance with Government Code Sections 7522.56 and 21224, while the City recruits for a Finance Manager. Discussion: In June 2018, as part of the Fiscal Year 2018-19 budget adoption, the City Council approved funds to hire a second Finance Manager position to create an overlap period with the City's retiring Finance Manager of 23 years, Andrew White, before he retired . The goal was to provide a smooth transition of institutional knowledge and practic es in a key position , given the City had just experienced the retirement of the Interim Finance Director after working for the City of Poway for almost thirty years . After a thorough recruitment, the City hired a new Finance Manager on August 13, 2018, who shadowed the retiring Finance Manager until his retirement date of January 12, 2019. On January 14 , 2019, the newly hired Finance Manager gave his notice of resignation to work for another municipality outside of San Diego County. California Government Code Sections 7522.56 and 21224 authorize the City to re-employ a retired CalPERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non- safety retired annuitant is not eligible to be employed for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment and the appointment is necessary to fill a critical need before 180 days has passed. 1 of 6 February 5 , 2019, Item #4.4 CalPERS 180-Day Wait Period Exception February 5, 2 01 9 Page 2 Mr. White has specialized skills after his 23 years as the Finance Manager with the City which are needed over the next several months to: 1) assist with the mid-year financial review and year-end forecast for the Fiscal Year 2018-19 budget; 2) assist with developing the City's Fiscal Year 2019- 20 budget; and 3) oversee and monitor the payroll and accounting functions of the Finance Department. As such, the appointment of Andrew White, on a temporary basis while the City recruits for a new Finance Manager, would be in compliance with Government Code Sections 7522.56 and 21224. Along with the resolution, also attached is the entire employment agreement between the City of Poway and a retired annuitant, outlining the terms of the temporary employment. Prior to the start date of Mr. White's temporary employment with the City of Poway as retired annuitant, the City must submit to Cal PERS a copy of: 1) the approved and executed resolution; 2) the employment agreement; 3) the publicly available salary schedule listing the comparable or vacant position, and 4) the recruitment status for the vacant position pursuant to Government Code Section 21221 (h) appointment, including a copy of or web link to the activated recruitment. Government Code 21221 (h) allows a retired annuitant to be hired on an interim basis during a recruitment as long as all other provisions described in this report are followed . Environmental Review: This item is not subject to CEQA review. Fiscal Impact: The hourly rate for Mr. White will be $61 .55 and is reflected on the City Council approved and publicly adopted salary schedule for Finance Manager. It is anticipated that Mr. White will work between 20 and 40 hours per week and will not exceed 960 hours in the fiscal year. The total estimated cost will not exceed $30,000 and will be paid out of salary savings in the adopted Fiscal Year 2018-19 budget due to the vacant Finance Manager position . Public Notification: None. Attachments: A. Resolution for a 180-Day Wait Period Exception B. Agreement for Temporary Employment as a Retired Annuitant between the City of Poway and Andrew White Reviewed/Approved By : Wendy Kaserman Assistant City Manager 2 of 6 Reviewed By: Alan Fenstermacher City Attorney Approved By: ~-~ Tina M. White City Manager February 5, 2019, Item #4.4 RESOLUTION 19-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO GOVERNMENT CODES SECTIONS 7522.56 AND 21224 WHEREAS, in compliance with Government Code section 7522.56 the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days have passed since his or her retirement date; and WHEREAS, Andrew White retired from the City of Poway in the position of Finance Manager, effective January 12, 2019; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is July 21, 2019, without this certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Poway City Council, the City of Poway and Andrew White certify that Andrew White has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the Poway City Council hereby appoints Andrew White as an ex1ra help retired annuitant to perform the duties of the Finance Manager for the City of Poway under Government Code section 21224, effective February 11, 2019; and WHEREAS, the entire employment agreement between Andrew White and the City of Poway has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.33 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $10,670 monthly and the hourly equivalent is $61.5589, and the minimum base salary for this position is $8,778 monthly and the hourly equivalent is $50.6433; and WHEREAS, the hourly rate paid to Andrew White will be $61.5589; and WHEREAS, Andrew White has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Poway hereby certifies the nature of the employment of Andrew White as described herein and detailed in the 3 of 6 ATTACHMENT A February 5, 2019, Item #4.4 Resolution No. 19- Page 2 attached employment agreement and that this appointment is necessary to fill the critically needed position of Finance Manager for the City of Poway by February 11, 2019, because the Finance Manager is instrumental and key to ensuring the City's fiscal health by assisting with the mid-year financial review and year-end forecast for the Fiscal Year 2018-19 budget; developing the City's Fiscal Year 2019-20 budget; and overseeing and monitoring critical functions. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 5th day of February 2019. Steve Vaus, Mayor ATTEST: A. Kay Vinson, Interim City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, A. Kay Vinson , Interim City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 19-*** was duly adopted by the City Council at a meeting of said City Council held on the 5th day of February 2019, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 4 of 6 A. Kay Vinson, Interim City Clerk City of Poway February 5, 2019, Item #4.4 CITY OF POWAY Retired Annuitant -Employment Agreement Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56 and 21224, shall acquire no service credit or retirement rights unless he/she reinstates from retirement. I. Conditions of Limited Appointment Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c). II. Length of Appointment Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment. Andrew White has been appointed to serve as a Finance Manager on an, as-needed, interim basis, beginning February 11, 2019 and ending no later than the completion of the recruitment and filling of the vacant Finance Manager position. Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Andrew White will immediately notify the City of Poway should he perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials) Ill. Compensation The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Management/Confidential Group, the City's hourly rate of pay for a Finance Manager ranges from $50.6433 to $61.5589. For the term of this agreement, Andrew White will be compensated at an hourly rate of $61.5589, which is within the approved, allowable pay range for this position. Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program. IV. Unemployment Insurance Compensation Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12- month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1 ). Furthermore, a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2). 5 of 6 ATTACHMENT B February 5, 2019, Item #4.4 In accordance with these provisions, Andrew White has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initial) V. 180-Day Rule A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency: • The City of Poway certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (f)1) Resolution # ___ approved on ________ (if applicable.) • The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(f)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall not apply. (GC 7522.56(9)) Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement. Andrew White retired from public service effective January 12, 2019. Based upon an effective date of February 11, 2019, the terms of this appointment are in compliance with the 180-day statutory requirements. __ (Initials) VI. Acknowledgement and Agreement I, Andrew White, Retired Annuitant, accept a limited appointment as a Finance Manager with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement. Retired Annuitant Approved By: Director of Human Resources/Risk Management City of Poway City Manager City of Poway 6 of 6 Date Date Date February 5, 2019, Item #4.4 TO: FROM: DATE: SUBJECT: CITY OF POWAY MEMORANDUM Members of the City Council � C'\ Steve Vaus, Mayor ✓ <-,..;...--;;;-� February 5, 2019 HOMES -Home On My Extra Space, Pilot Pr ogram Proposal There is a profound housing shortage throughout California and overwhelming demand for affordable housing. Sacramento is ramping up the pressure on cities to produce such housing, or else! Threats of loss of funding and loss of local control seem very real and send shivers through local jurisdictions. And, though Poway has one affordable-housing project in the works and another potential project in the pipeline, we can't afford to sit idly by waiting for a development partner and another project to come along. We need to explore additional options. I believe one such option is right here in our own back yards ... literally. As you know, the State has recently made construction of granny-flats or Accessory Dwelling Units (ADU) much less burdensome. That has resulted in a fair amount of buzz around the possibility that ADUs could help reduce the housing shortage. Encinitas is now offering pre approved ADU building plans and has waived fees to encourage construction. The County has also moved to waive fees to reduce building costs. Those are big steps in the right direction. But we can do more. I propose that Poway build and pay for Accessory Dwelling Units to create low-cost housing for qualified renters. Following are the very basics of my HOMES (Home On My Extra Space) concept: •City of Poway pays construction costs for ADU or granny flat on participating homeowner's private property. •Homeowner allows the unit to be an affordable-housing rental for a specific term, expected to be in the range of 10-12 years. •A non-profit, such as Community Housing Works or similar organiz ation, acts as property manager for the ADU -screening tenants, collecting rent, etc. •Rental proceeds are divided among the three parties allowing the City to recoup its investment, the housing organization to cover its costs, and the homeowner to see some revenue. •At the end of the term the homeowner gains full control/ownersh ip of the unit without additional cost or obligation. 1 of 2 February 5, 2019 Item #6.1 Pilot Program Proposal: HOMES February 5, 2019 Page 2 There are aspects of my HOMES concept that require research and exploration, and the concepts shared above are merely a starting point. With Council concurrence I would like to create a HOMES subcommittee, including myself and Councilmember Mullin, lo work with staff and the City Attorney with the goal of returning to Council at a later date with a status report and a potential plan to produce five to ten HOMES units. That plan would ultimately require Council approval. I hope you agree that this approach could potentially expand Poway's affordable-housing options at a greatly-reduced cost without compromising the character of our neighborhoods. 2 of 2 February 5, 2019 Item #6.1